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76.231
Joint sewer agency established -- Powers -- Administration -Dissolution.
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As an alternative to establishing a metropolitan sewer district pursuant to KRS
76.010, any city with a population equal to or greater than twenty thousand
(20,000) but less than one hundred thousand (100,000) based upon the most
recent federal decennial census, together with the county in which it is located,
may jointly establish a sewer agency for the purpose of providing sewer and
drainage facilities within the city and the county.
A joint sewer agency shall be established upon the enactment of identical
ordinances establishing and setting out the powers of the agency by both the
legislative body of the city and the fiscal court of the county.
All the powers granted a metropolitan sewer district in cities of the first class by
KRS 76.010 to 76.279 may be granted by ordinance to the sewer agency
except that these powers may be restricted or qualified in order to conform to
the local needs of the county and the city.
The legislative body of the city and the fiscal court of the county shall establish
a schedule of rates, rentals and charges to be collected from all real property
served by the facilities of the sewer agency in the manner provided by KRS
76.090. If the city, county, and sewer agency find that local needs warrant,
uniformity of rates for all residential property shall not be required for a period
of no more than ten (10) years from the date the sewer agency is established
under subsection (2) of this section. If for whatever reason the city and county
cannot agree to amendments to a rate schedule, the current schedule shall
remain in effect until such time as an agreement can be reached.
For purposes of establishing a schedule of rates, rentals, and charges to be
collected, the legislative body of the city and the fiscal court of the county may
prescribe by joint ordinance for the creation of a rate adjustment board that
shall be comprised of the members of both legislative bodies, sitting as a single
body. Upon the creation of a rate adjustment board, a simple majority of the
combined membership of the rate adjustment board shall be required to
establish rates, rentals, and charges to be collected.
The joint sewer agency shall be administered as a separate legal entity or by a
jointly appointed administrator or joint board as set out in the establishing
ordinances.
The joint sewer agency may be dissolved only by a joint action of the
legislative body of the city and the fiscal court of the county. The establishing
ordinance may be amended in the same manner as originally enacted.
The legislative body of any city with a population of less than twenty thousand
(20,000) based upon the most recent federal decennial census may by
ordinance elect to be within the jurisdiction of a joint sewer agency established
pursuant to this section.
Effective:January 1, 2015
History: Amended 2014 Ky. Acts ch. 92, sec. 55, effective January 1, 2015. -Amended 2002 Ky. Acts ch. 319, sec. 1, effective April 11, 2002. -- Amended
1998 Ky. Acts ch. 195, sec. 1, effective July 15, 1998. -- Created 1984 Ky. Acts
ch. 30, sec. 1, effective July 13, 1984.
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