KRS § 76.170 — KY Code / Title IX / Chapter 76 / Section 76.170
76.170 Area included in district -- Construction subdistrict excluded -- Extension of boundaries
Status: in_force

76.170 Area included in district -- Construction subdistrict excluded -- Extension

of boundaries.

(1) The initial unit of the district embraces the area that is coterminous with the

boundaries of the city forming a district pursuant to KRS 76.010. The district also

embraces the district area as defined in KRS 76.005. When territory which is part of

a construction subdistrict is annexed to the city, that territory shall not become part

of the district area during the existence of the construction subdistrict. When the

existence of the construction subdistrict is wound up under KRS 76.271, the

territory therein shall become a part of the district area if it is then a part of the city

or whenever it is annexed by the city. When a construction subdistrict consisting of

territory outside the city is wound up, the board of the district shall incorporate the

territory into the district area under conditions of KRS 76.271. The district may also

expand the district area by constructing and extending its initial sewer and drainage

system and facilities beyond the corporate limits of the city and within the county in

which the city is located whenever the district and the owners of real property to be

served and located outside the limits of the city, by appropriate written instrument,

agree as to apportionment of any and all costs of construction work, subsequent

maintenance and operation appertaining thereto, and as to payments by the owners

of the real property, of rates, rentals and charges for the services and facilities to be

thus afforded and for that portion of the district's capital costs, equitably allocable to

the real property. Thereupon the real property served becomes a part of the district

area. In a like manner and upon the same conditions, the district may construct and

extend its sewer and drainage system and facilities so as to serve all or any part of

any other city or other incorporated area located in the same county, pursuant to a

written agreement between the district and the other city or incorporated area

approved by their respective governing boards or bodies; provided, however,

nothing in this subsection shall be construed as requiring the district to obtain the

consent of any city with a population of less than three thousand (3,000) based upon

the most recent federal decennial census located within a county containing a

consolidated local government prior to constructing any sanitary or storm sewerage

facilities within the limits of such a city, regardless of whether said facilities will

serve the said city or not. All agreements referred to in this section shall be in

appropriate form for recording and shall be filed of record with the county clerk as

other instruments relating to transfer or creating a lien upon real estate. Any

agreements entered into by the district pursuant to this section may provide that the

district area shall include the real estate in such city or incorporated area, or part

thereof, to be served pursuant to such agreement, and in such case when such

instrument has been filed of record with the county clerk as aforesaid, the district

area shall be thereby officially enlarged and extended to include same; except that

the district area shall not be enlarged to include a construction subdistrict by

agreement or otherwise.

(2) The district may also expand the district area by constructing and extending its

initial sewer and drainage system, or by constructing or extending new sewerage

and drainage systems and facilities, into areas of the county outside of the city of the

first class and annexing the areas to be served by such new or expanded systems or

facilities to the district area, as provided in KRS 76.171.

(3) The words "incorporated area" as used in this section do not mean or apply to any

sanitation district organized under KRS Chapter 220.

(4) The provisions of this section shall not apply in cases involving annexation by a city

of the first class pursuant to KRS 81.300 to 81.360.