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74.120 Incorporated city may be included in district -- Consent -- Contract
with city.
(1)
(2)
(3)
All or any part of an incorporated city may be included in the boundaries of any
existing water district or water district being newly organized, provided the
governing body of such city by resolution or ordinance gives, or has given, its
consent. Said consent may be limited to water, gas or sewage service, and the
authority of the water district to serve the area of the incorporated city shall be
limited by the exclusion of any type of service from the consent given. Any city
which has been included in the boundaries of a water district for ten (10) or
more years shall be deemed to have given its consent to the service, whether
water, gas, or sewage, which has been provided for such period. The
acquisition by a water district of an existing franchise for a water, gas, or
sewage distribution system within such a city, whether by purchase,
assignment or otherwise, shall be deemed to constitute the consent of the city
which granted the franchise in the first instance, but only for the purpose of
operating the type of distribution system for which the franchise was granted.
The commission may contract with any city which is not included within the
boundaries of the district for the purpose of furnishing water, gas or sewage
services to the residents of such city and may contract with any city for the
purpose of obtaining water, gas or sewage services for the use of the district.
When the commission shall contract with any city in the manner prescribed in
this section, such city shall be deemed a part of the district during the life of the
contract, but only for the purpose of carrying out the provisions of the contract.
Nothing herein shall impair the ownership by the contracting city of its own
system, or empower the district to take any action not authorized by the
contract.
Effective:January 1, 2015
History: Amended 2014 Ky. Acts ch. 92, sec. 45, effective January 1, 2015. -Amended 1988 Ky. Acts ch. 104, sec. 1, effective July 15, 1988. -- Amended
1966 Ky. Acts ch. 170, sec. 2. -- Amended 1962 Ky. Acts ch. 218, sec. 2. -Amended 1954 Ky. Acts ch. 106, sec. 1. -- Amended 1952 Ky. Acts ch. 133,
sec. 6; and ch. 175, sec. 1. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective
October 1, 1942, from Ky. Stat. sec. 938g-24.
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