2015 Kentucky Revised Statutes CHAPTER 96 - UTILITIES IN CITIES 96.5405 Sale, lease, or transfer of utility system in emergency by city with population of less than 1,000 -- Procedure.
Download as PDF
96.5405
Sale, lease, or transfer of utility system in emergency by city with
population of less than 1,000 -- Procedure.
(1)
(2)
(3)
(4)
A city with a population of less than one thousand (1,000) based upon the most
recent federal decennial census may, in an emergency situation, sell, lease, or
otherwise transfer a utility system which it owns after obtaining the approval of
two-thirds (2/3) of the utility's customers by petition, as specified in this section,
without holding an election under KRS 96.540.
The city legislative body shall enact an ordinance pursuant to 83A.060 which shall
describe the terms of the proposed sale, lease, or other transfer of the city-owned
utility system, declare an emergency, and set out the reasons why the proposed
transaction is deemed to be an emergency. The ordinance also shall set a deadline
for obtaining the necessary signatures, and specify who will certify the petition.
At least two (2) public hearings shall be held to inform the public of the proposed
sale, lease, or other transfer of the utility system, and to obtain public comment on
the proposal. The hearings shall be publicized at a minimum, in accordance with
KRS 424.130(1)(d).
The petition may consist of several separate units, and shall include a full address
and the date with each signature. Unless the ordinance provides otherwise, only a
person named on an account shall be a valid signer of the petition. The utility shall
make available a list of the names and addresses of all current customers.
Effective: January 1, 2015
History: Amended 2014 Ky. Acts ch. 92, sec. 175, effective January 1, 2015. -- Created
1990 Ky. Acts ch. 153, sec. 2, effective March 30, 1990.
Disclaimer: These codes may not be the most recent version. Kentucky may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.