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96.530
Operation of electric light, heat, and power plants -- Utility
commission.
(1)
(2)
Any city acquiring or constructing an electric light, heat, and power plant under
the provisions of KRS 96.520 shall, by ordinance, appoint a city utility
commission consisting of three (3) commissioners to operate, manage, and
control the plant, except that a city with a population equal to or greater than
twenty thousand (20,000) based upon the most recent federal decennial
census shall appoint five (5) commissioners. The utility commission shall have
absolute control of the plant in every respect, including its operation and fiscal
management and the regulation of rates, except that in fixing rates the
commission shall be governed by the provisions of KRS 96.430, as it is made
applicable to those plants by KRS 96.520, and by any ordinance enacted under
that section, except that in fixing rates the commission in a city with a
population equal to or greater than eight thousand (8,000) based upon the
most recent federal decennial census shall be governed by the provisions of
KRS 96.535 and any ordinance enacted according to this section. The utility
commission, when so appointed, shall be a public body politic and corporate,
with perpetual succession; and the body may contract and be contracted with,
sue and be sued, in and by its corporate name, and have and use a corporate
seal. The utility commission shall provide rules for the management of the
plant, and it shall fix the number, qualifications, pay, and terms of employment
of all employees needed to operate the plant. In cities with populations equal to
or greater than eight thousand (8,000) based upon the most recent federal
decennial census providing civil service coverage for city employees, the utility
commission appointed under this section may provide civil service coverage for
all of its employees, and it shall exercise the powers and functions with respect
to their employees which are vested in the city legislative body with respect to
the city employees by KRS 90.380. Employees who have been in the
employment of the utility commission for one (1) year immediately preceding
the adoption of an order by the utility commission placing all of its employees
under civil service coverage shall not be required to stand a civil service
examination, and they shall be eligible for all the benefits provided by civil
service coverage. Out of the revenue of the plant, it shall pay operating
expenses, repairs, and necessary additions and provide sufficient reserve fund
against any emergency that may arise. The commission shall from time to time
pay to the city the surplus revenue derived from the operation of the plant as is
provided in KRS 96.430 and 96.440, as they are made applicable to the plants
by KRS 96.520, except that the commission in a city with a population equal to
or greater than eight thousand (8,000) based upon the most recent federal
decennial census shall pay to the city the surplus revenue derived from the
operation of the plant as is provided in KRS 96.535 and any ordinance adopted
according to this section. Notwithstanding the foregoing provisions, the utility
commission, for the purpose stated in KRS 96.520(1), may enter into an
agreement for the operation of any of its plants or other facilities.
Except as provided in KRS 61.070, no person shall be appointed a member of
the commission who has, within the last two (2) years before his appointment,
held any city, county, state, or federal office, or been a member of any
committee of any political party, or who is related within the third degree to the
(3)
(4)
(5)
(6)
mayor, or a member of a city legislative body. The commission shall not
appoint to any subordinate office that it may create any person who is related
to any commissioner, to the mayor or to any member of the city legislative
body. No officer or employee of the city, whether holding a paid or unpaid
office, shall be eligible to be appointed as a member of the commission or to be
employed by the commission in any capacity. The members of the commission
shall be citizens, taxpayers, and legal voters of the city and shall not at the time
of appointment be indebted to the city or be surety on the official bond of any
officer of the city. If at any time during his term of office any member of the
commission becomes a candidate for or is elected or appointed to any public
office, he shall automatically vacate his membership on the commission, and
another person shall be appointed in his place.
The city shall pay the cost of securing bonds for the commissioners from a
surety company, and each commissioner shall execute bond to be approved by
the city legislative body.
The city legislative body shall fix the salary to be paid each member of the
commission at a sum not to exceed two thousand four hundred dollars ($2,400)
per annum. The Department for Local Government shall compute by the
second Friday in February of every year the annual increase or decrease in the
Consumer Price Index of the preceding year by using 1998 as the base year,
and the salary of the commissioners may be adjusted at a rate no greater than
that stipulated by the Department for Local Government.
The first commissioners appointed under this section shall be appointed one
(1) for the term of one (1) year, one (1) for the term of two (2) years, and one
(1) for the term of three (3) years. Upon the expiration of the first terms,
successors shall be appointed for a term of three (3) years. On a commission
with five (5) members, not more than two (2) members shall hold concurrent
terms of office.
All commission members appointed subsequent to the initial members shall be
appointed by the mayor or chief executive of the municipality, with the approval
of the governing body of the municipality.
Effective:January 1, 2015
History: Amended 2014 Ky. Acts ch. 92, sec. 171, effective January 1, 2015. -Amended 2010 Ky. Acts ch. 117, sec. 70, effective July 15, 2010. -- Amended
2007 Ky. Acts ch. 47, sec. 64, effective June 26, 2007. -- Amended 1998 Ky.
Acts ch. 229, sec. 1, effective July 15, 1998. -- Amended 1990 Ky. Acts ch. 231,
sec. 1, effective July 13, 1990. -- Amended 1988 Ky. Acts ch. 424, sec. 1,
effective July 15, 1988. -- Amended 1986 Ky. Acts ch. 325, sec. 2, effective July
15, 1986. -- Amended 1984 Ky. Acts ch. 200, sec. 1, effective July 13, 1984. -Amended 1978 Ky. Acts ch. 328, sec. 3, effective June 17, 1978. -- Amended
1976 Ky. Acts ch. 320, sec. 1. -- Amended 1970 Ky. Acts ch. 36, sec. 2. -Amended 1966 Ky. Acts ch. 248, sec. 1. -- Amended 1964 Ky. Acts ch. 36, sec.
1. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from
Ky. Stat. sec. 3480d-20.
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