2014 Kentucky Revised Statutes CHAPTER 74 - WATER DISTRICTS 74.363 Merger of water districts -- Board of resulting district -- Transfer of assets -- Payment of obligations.
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74.363 Merger of water districts -- Board of resulting district -- Transfer of
assets -- Payment of obligations.
(1)
(2)
(3)
(4)
Boards of commissioners of any two (2) or more water districts may by
concurrent action and by approval of a majority of the membership of the board
of each merge their districts into one (1).
The members of the boards of commissioners of the merged water districts
shall serve as members of the board of commissioners of the resulting district,
regardless of their normal term expiration, until one (1) year after approval of
the merger by the Public Service Commission. Thereafter, the board shall be
composed as follows:
(a) If the boundaries of the resulting district lie wholly within a single county,
the board of commissioners shall be composed of between three (3) and
seven (7) members as agreed upon by the merged water districts in their
merger documents.
(b) If the boundaries of the resulting district lie within two (2) or more
counties, the board of commissioners shall be composed of six (6) or
more members as agreed upon by the merged water districts in their
merger documents.
Each appointment to the board of commissioners of the resulting district shall
be made by the appropriate county judge/executive with the approval of the
fiscal court. Each member of the board shall be a resident of the county from
which he or she is appointed. The initial terms of the board of commissioners
after the merger shall be as follows: approximately one-third (1/3) of the
commissioners shall be appointed for a term of two (2) years; approximately
one-third (1/3) of the commissioners shall be appointed for a term of three (3)
years; and the remaining commissioners shall be appointed for a term of four
(4) years. Thereafter, all commissioners shall be appointed for a term of four
(4) years. KRS 74.020(2) to (10) shall apply to all commissioners and
vacancies on the board of commissioners.
The resulting district shall have all the assets and legal liabilities of the water
districts joining in the merger. The separate existences of the water districts
joining in the merger, except the resulting district, shall cease, and the title to
all real estate and other property owned by the water districts joining in the
merger shall be vested in the resulting district without reversion or impairment.
Bonded obligations of any district secured by the right to levy an assessment
as provided by KRS 74.130 through 74.230 or secured by the revenue of the
systems operated by the district shall continue to be retired or a sinking fund
for such purpose created from the tax assessments or revenue from the
system operated by the district from funds collected over the same area by the
new board of commissioners in accordance with the laws under which the
bonds were issued until all bonded obligations of the old district have been
retired.
Effective:July 15, 2010
History: Amended 2010 Ky. Acts ch. 18, sec. 2, effective July 15, 2010. -Amended 2008 Ky. Acts ch. 6, sec. 11, effective July 15, 2008. -- Amended
1998 Ky. Acts ch. 76, sec. 2, effective July 15, 1998. -- Amended 1996 Ky. Acts
ch. 236, sec. 2, effective April 4, 1996. -- Amended 1994 Ky. Acts ch. 298,
sec. 2, effective July 15, 1994. -- Created 1966 Ky. Acts ch. 70, sec. 4.
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