2014 Kentucky Revised Statutes CHAPTER 96 - UTILITIES IN CITIES 96.640 Election by voters on question of constructing, purchasing, or condemning electric plant, or issuing bonds therefor.
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96.640 Election by voters on question of constructing, purchasing, or
condemning electric plant, or issuing bonds therefor.
(1)
(2)
(3)
(4)
Before any municipality shall have authority to (a) construct or cause to be
constructed an electric plant, (b) acquire an electric plant by purchase, (c)
institute condemnation proceedings for acquiring by eminent domain an electric
plant, or (d) issue revenue bonds for the construction, purchase, or acquisition
of an electric plant, the question shall be submitted to the qualified voters of the
municipality as hereinafter in this section provided.
Before any municipality shall be authorized or empowered to purchase or
establish and thereafter operate an electric plant, or to issue bonds therefor,
the legislative body of such municipality shall pass an ordinance declaring it
desirable that the municipality shall purchase or construct and operate a
municipal electric plant, and if it is proposed to construct such electric plant, the
board shall cause an engineer or engineers duly qualified and licensed under
the laws of this Commonwealth (a) to prepare the necessary and proper plans
and specifications for the construction of the electric plant, (b) select the
location therefor, (c) determine the size, type and method of construction
thereof, (d) make the necessary estimates of the cost of construction and of the
acquisition of the land and rights of way, and (e) a survey of all lands,
structures, rights of way, franchises and easements, the acquisition of which is
deemed necessary by said engineers and the board for the construction and
operation of such municipal electric plant, all of which shall be approved by the
board; and, Provided further, That the question of whether or not revenue
bonds shall be issued to provide for the payment of the cost thereof shall be
submitted to the qualified voters of such municipality at the next regular
November election to be held in said municipality if the ordinance is certified to
the county clerk not later than the second Tuesday in August preceding the
next regular election. The mayor shall certify such ordinance to the county
clerk, who shall have prepared to be placed before the voters in the general
November election, the question: "Are you in favor of the city constructing and
operating a municipal electric plant in accordance with the plans and
specifications adopted by the Electric Plant Board of _________ (here insert
name of municipality) and the issuance of revenue bonds in the maximum
amount of $_______ (here insert maximum total face amount of bonds
estimated by the board to be necessary to pay the cost of such plant, based
upon the estimate hereinabove provided)." The voters shall respond to the
question by voting "Yes" or "No".
The mayor of such municipality shall advertise such election and the object
thereof by publication pursuant to KRS Chapter 424, and also by printed
handbills posted in not less than four (4) conspicuous places in each voting
precinct in the municipality and at the courthouse door. All legal voters of such
municipality shall be privileged to vote at such election. The city shall have no
authority to construct a municipal electric plant, or to issue revenue bonds
unless a majority of all the qualified voters voting in said election on this
question vote in favor thereof.
Any contract of a municipality for the purchase of an electric plant shall be
conditioned upon the approval of the qualified voters of the municipality at an
(5)
(6)
election held at the time and in the manner provided in subsections (2) and (3)
of this section, except that the clerk shall have prepared to be placed before
the voters the following question: "Are you in favor of the City of ________
purchasing from _________ (insert the name of owner or owners) an electric
plant at the price of $_________ (herein insert the amount of the agreed
purchase price) and the issuance of revenue bonds in the amount of $_______
(herein insert total face amount of bonds required to pay the agreed purchase
price)." The voters shall respond to the question by voting "Yes" or "No".
Before any municipality shall be authorized or empowered to institute
condemnation or eminent domain proceedings to acquire an electric plant, the
legislative body of such city shall pass an ordinance declaring it desirable that
the municipality shall acquire by condemnation an electric plant, and shall
describe in the ordinance the property which it deems necessary to be
acquired, and there shall be submitted, in the manner provided in subsections
(2) and (3) of this section, to the qualified voters of the municipality at the next
regular November election, the following question: "Are you in favor of the City
of _________ (here insert name of city) acquiring an electric plant by the
exercise of the power of eminent domain and the issuance of revenue bonds in
an amount sufficient to pay the entire damages and costs of such acquisition."
The voters shall respond to the question by voting "Yes" or "No".
No municipality or board shall have authority to purchase, construct, or
acquire, or to institute condemnation proceedings for acquiring an electric
plant, or to issue revenue bonds or other obligations or evidences of
indebtedness for the payment of the costs thereof unless a majority of all the
qualified voters voting in said election on the question vote in favor thereof.
Elections held pursuant to the provisions of KRS 96.550 to 96.900 shall be
governed by the laws of this state relative to elections to the extent that such
laws are not inconsistent herewith.
Effective:July 15, 1996
History: Amended 1996 Ky. Acts ch. 195, sec. 48, effective July 15, 1996. -Amended 1982 Ky. Acts ch. 360, sec. 29, effective July 15, 1982. -- Amended
1978 Ky. Acts ch. 384, sec. 222, effective June 17, 1978. -- Amended 1966 Ky.
Acts ch. 239, sec. 95. -- Created 1942 Ky. Acts ch. 18, sec. 5.
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