KRS § 76.080 — KY Code / Title IX / Chapter 76 / Section 76.080
76.080 General powers of district
Status: in_force

76.080 General powers of district.

The district created under the provisions of KRS 76.010 to 76.210 is empowered:

(1) To have jurisdiction, control, possession, and supervision of the existing sewer and

drainage system of the city forming a district pursuant to KRS 76.010; to maintain,

operate, reconstruct, and improve the same as a comprehensive sewer and drainage

system; to make additions, betterments, and extensions thereto within the district

area; and to have all the rights, privileges, and jurisdiction necessary or proper for

carrying such powers into execution. No enumeration of powers in KRS 76.010 to

76.210 shall operate to restrict the meaning of this general grant of power or to

exclude other powers comprehended within this general grant.

(2) To prepare or cause to be prepared and to be thereafter revised and adopted, plans,

designs, and estimates of costs, of a system of trunk, intercepting, connecting,

lateral, and outlet sewers, storm water drains, pumping and ventilating stations,

disposal and treatment plants and works, and all other appliances and structures

which in the judgment of the board will provide an effective and advantageous

means for relieving the district area from inadequate sanitary and storm water

drainage and from inadequate sanitary disposal and treatment of the sewage thereof,

or such sections or parts of such system of the district area as the board may from

time to time deem proper or convenient to construct, consistent with the plans and

purposes of KRS 76.010 to 76.210, and may take all steps the board deems proper

and necessary to effect the purposes of KRS 76.010 to 76.210.

(3) To construct any additions, betterments and extensions to the facilities of the

district, within or without the district area, and to construct any construction

subdistrict facilities or additions, betterments and extensions thereto, within or

without the district area, by contract or under, through, or by means of its own

officers, agents and employees. No construction or extensions shall be started

within the city forming a district pursuant to KRS 76.010 until, firstly, the city's

director of works, and secondly, its board of aldermen have approved the plans. No

construction or extensions shall be started in any city with a population greater than

three thousand (3,000) but less than one hundred thousand (100,000) based upon

the most recent federal decennial census until the governing authorities of such city

or cities have approved the plans. No construction or extensions shall be started in

any other part of the county until the plans have been approved, firstly, by the

county engineer and, secondly, by the fiscal court.

(4) To establish, construct, operate, and maintain, as a part of the sewer and drainage

system of the district, sewage treatment and disposal plants and systems and all the

appurtenances and appliances thereunto belonging. The sewage treatment and

disposal plants may be located in the city, or beyond the limits of the city in the

county in which the city is located, as the board deems expedient.

(5) To acquire and hold the personal property the board deems necessary and proper for

carrying out the corporate purposes of the district and to dispose of personal

property when the district has no further need therefor.

(6) To acquire by purchase, gift, lease, or by condemnation, real property or any

interest, right, easement, or privilege therein, as the board determines necessary,

proper and convenient for the corporate purposes of the district, and to use the same

so long as its corporate existence continues, and same is necessary or useful for the

corporate purposes of the district. Condemnation proceedings may be instituted in

the name of the district pursuant to a resolution of the board declaring the necessity

for the taking, and the method of condemnation shall be the same as provided in the

Eminent Domain Act of Kentucky. When the board by resolution declares that any

real property which it has acquired, or any interest therein, is no longer necessary or

useful for the corporate purposes of the district, the real property and interest therein

may be disposed of.

(7) To make bylaws and agreements for the management and regulation of its affairs

and for the regulation of the use of property under its control and for the

establishment and collection of sewer rates, rentals and charges, which sewer rates,

rentals and charges, applicable within the limits of a city forming a district pursuant

to KRS 76.010, shall be subject to the approval, supervision and control of the

legislative body of the city as hereinafter provided.

(8) To make contracts and execute all instruments necessary or convenient in the

premises.

(9) To borrow money and to issue negotiable bonds and to provide for the rights of the

holders thereof.

(10) To fix and collect sewer rates, rentals, and other charges, for services rendered by

the facilities of the district, which sewer rates, rentals, and other charges, applicable

within the limits of a city forming a district pursuant to KRS 76.010, shall be

subject to the approval, supervision and control of the legislative body of such city

as hereinafter provided.

(11) To enter on any lands, waters and premises for the purpose of making surveys, and

soundings and examinations.

(12) To approve or revise the plans and designs of all trunk, intercepting, connecting,

lateral and outlet sewers, storm water drains, pumping and ventilating stations,

disposal and treatment plants and works proposed to be constructed, altered or

reconstructed by any other person or corporation, private or public, in the whole

county, in order to insure that such proposed construction, alteration or

reconstruction shall conform to and be a part of a comprehensive sewer and

drainage system for the said county. No sewers, drains, pumping and ventilating

stations, or disposal and treatment plants or works shall be constructed, altered or

reconstructed without approval by the board of the district. Any such work shall be

subject to inspection and supervision of the district.

(13) To enter into agreements with another entity or entities to acquire by purchase or

lease, any real or personal property, or any interest, right, easement, or privilege

therein, outside of the district's jurisdictional boundaries, in connection with the

acquisition, construction, operation, repair, or maintenance of any sewage,

wastewater, or storm water facilities, notwithstanding any other provision of the

Kentucky Revised Statutes restricting, qualifying, or limiting their authority to do

so, except as set forth in KRS Chapter 278.