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96.545 Operation and management of system -- Artificial gas commission.
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Any city acquiring any such artificial gas system under the provisions of KRS
96.541 to 96.546 may by ordinance provide for the operation of the system
under the direction of an official of the city as designated by the legislative
body, or may delegate the authority to operate the system to a commission
created for the operation of some other public works in the city, including a
waterworks or electric plant, or may provide for the appointment of a
commission of seven (7) members to operate, manage and control the system,
which commission shall be known as the ".... Artificial Gas Commission." The
commission shall provide rules, regulations and bylaws for the artificial gas
system and shall, out of the revenue of the system, pay necessary operating
expenses, repairs and additions thereto, and provide a sufficient reserve fund
to insure that the system is kept in repair and in safe and sanitary condition and
to provide 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 system as provided in KRS 96.541 to 96.546.
In order that the commission may be nonpartisan and nonpolitical, no person
shall be appointed a member thereof who has, within the last two (2) years
before his appointment, held any city, county, state or federal office, or who is
related within the third degree to the mayor or any member of the legislative
body of the city. The commission shall not appoint, to any subordinate office
created by it, any person who is related to any member of the city legislative
body or to the mayor or chief executive of the city, or to any member of the
commission. No officer or employee of the city, whether holding a paid or
unpaid office, shall be eligible to be a member of the commission. The
members of the commission shall be citizens, taxpayers and legal voters of the
city and shall not at the time of their appointment be indebted to the city or be
surety on the official bond of any officer of the city. No member of the
commission shall be interested in any contract for the furnishing of supplies or
services of any kind to the system, or to 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 office on the
commission and another person shall be appointed.
Each commissioner shall execute bond with a surety company in the penal
sum of one thousand dollars ($1,000), conditioned upon the faithful
performance of his official duties. The bonds shall be approved by the
legislative body of the city and the premiums shall be paid by the city. An action
may be maintained upon any commissioner's bond by any person injured by a
violation of the covenants therein contained.
The members of the commission shall serve without compensation.
The first artificial gas commission appointed in each city under this section
shall be appointed for terms as follows: Two (2) members for a term of one (1)
year, two (2) for a term of two (2) years, and three (3) for a term of three (3)
years. Upon the expiration of the first terms, successors shall be appointed for
a term of three (3) years.
History: Created 1946 Ky. Acts ch. 68, sec. 5.
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