2015 Kentucky Revised Statutes CHAPTER 96 - UTILITIES IN CITIES 96.172 Ordinance of city adopting provisions of KRS 96.171 to 96.188 for operation of combined electric and water plant -- Electric and water plant board -- Appointment -- Qualifications -- Corporate powers -- Prohibition of nepotism -- Bond of board members -- Oath -- Term -- Removal.
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96.172 Ordinance of city adopting provisions of KRS 96.171 to 96.188 for operation
of combined electric and water plant -- Electric and water plant board -Appointment -- Qualifications -- Corporate powers -- Prohibition of nepotism - Bond of board members -- Oath -- Term -- Removal.
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Any municipality now or hereafter owning and operating an electric system and a
water system and operating them as one (1) combined system or plant may elect to
operate such systems as an electric and water plant under the provisions of KRS
96.171 to 96.188 by enacting an ordinance declaring therein the desire and intention
of the municipality to accept and operate its electric and water system or plant under
the provisions of KRS 96.171 to 96.188 and by providing in said ordinance that the
municipality accepts and agrees to all of the provisions of KRS 96.171 to 96.188.
The ordinance shall further authorize the mayor or chief executive to appoint a
board, subject to the approval of the appointments by the governing body of the
municipality. Upon the passage of such ordinance the mayor or chief executive of
any such municipality shall, with the approval of the governing body of the
municipality, appoint a board of public utilities, consisting of five (5) citizens,
taxpayers, voters, and users of electric energy or water. Said board shall be
appointed and qualified before the municipality shall have any authority to proceed
further under the provisions of KRS 96.171 to 96.188. Said board, when so
appointed and qualified, shall be and hereby is declared to be a body-politic and
corporate, with perpetual succession; and said board may contract and be contracted
with, sue and be sued, in and by its corporate name, and have and use a corporate
seal. The name of the board shall be "Electric and Water Plant Board of the City of
____________, Kentucky."
No person shall be appointed a member of the board who has, within two (2) years
next before his appointment, held any public office, or who is related within the
third degree to the mayor or any member of the governing body of the municipality.
Neither the board, nor the superintendent appointed by the board as provided in
KRS 96.176, shall appoint to any subordinate office which it may create, nor
employ in any capacity any person who is related within the third degree to any
member of the board or to the superintendent or to the mayor of said municipality or
to any member of the governing body of the municipality. No officer or employee of
a municipality shall be eligible for such appointment until at least one (1) year after
the expiration of the term of his office or employment.
The members of the board shall be citizens, taxpayers, voters, and users of electric
energy or water, and shall not at the time of their appointment be indebted to the
municipality either directly or indirectly or be surety on the official bond of any
officer of said municipality.
If at any time during his term of office a member of the board becomes a candidate
for or is elected or appointed to any public office, he shall automatically vacate his
membership from the board, and another person shall be appointed to his place.
Each member of said board shall execute bond, in an amount required by the
governing body of the municipality by resolution or ordinance, conditioned upon
the faithful performance of their official duties. The surety on said bonds shall be a
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surety company qualified to do business in Kentucky. The cost of said bonds shall
be charged as an operating expense and paid by the board.
Each member of the board shall qualify by taking the oath required by Section 228
of the Constitution.
The original appointees shall serve two (2) for one (1) year, one (1) for two (2)
years, one (1) for three (3) years and one (1) for four (4) years, respectively, from
the date of their appointment, as the said mayor or chief executive officer of the
municipality shall designate. Successors to retiring members so appointed shall be
appointed for a term of four (4) years in the same manner, prior to the expiration of
the term of office of the retiring members. Appointments to complete unexpired
terms shall be made in the same manner as original appointments.
Any member of the board may be removed from office upon a vote of a majority of
the members of the governing body of the municipality for inefficiency, neglect of
duty, misfeasance, nonfeasance, or malfeasance in office.
Effective: January 1, 2015
History: Amended 2014 Ky. Acts ch. 92, sec. 157, effective January 1, 2015. -- Created
1946 Ky. Acts ch. 212, secs. 2, 4, and 6.
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