KRS § 76.232 — KY Code / Title IX / Chapter 76 / Section 76.232
76.232 Establishment of joint sewer agency by city with population of less than 20,000 to less than 100,000 with county or sanitation district -- Powers -- Administration
Status: in_force

76.232 Establishment of joint sewer agency by city with population of less than

20,000 to less than 100,000 with county or sanitation district -- Powers --

Administration.

(1) A city with a population less than twenty thousand (20,000) based upon the most

recent federal decennial census together with the county in which it is located or

together with the sanitation district, or any city with a population equal to or greater

than twenty thousand (20,000) but less than one hundred thousand (100,000) based

upon the most recent federal decennial census together with the county in which it

is located or together with the sanitation district, as an alternative to establishing a

metropolitan sewer district under KRS 76.010, may jointly establish a sewer agency

for the purpose of providing sewer and drainage facilities within the city and the

county or within the city and the sanitation district.

(2) In order to establish a joint sewer agency under this section, the legislative body of

the city, the fiscal court of the county, or the governing body of the sanitation

district may vote to merge any existing agency or sanitation district or any portion

thereof into the jointly established sewer agency or into an existing city or county

sewer agency. If the legislative body of the city, fiscal court of the county, or

governing body of the sanitation district determines to merge an existing agency or

sanitation district into the joint sewer agency, it shall determine a method to satisfy

any legal obligations of the existing agency or sanitation district which might be

affected.

(3) A joint sewer agency shall be established upon the enactment of identical

agreements establishing and setting out the powers of the sewer agency by all

parties establishing the joint sewer agency. Any agreement enacted by a city or

county shall be by ordinance. Any agreement enacted by a sanitation district shall be

done in the same manner as any other official actions taken by the sanitation

district.

(4) All the powers granted a metropolitan sewer district and cities of the first class by

KRS 76.010 to 76.279 may be granted by ordinance to the joint sewer agency

except that such powers may be restricted or qualified in order to conform to the

local needs of the county, city, and sanitation district.

(5) The joint sewer agency shall be administered as a separate legal entity or by a

jointly appointed administrator, joint board, or one of the merging entities, as set out

in the ordinance creating the joint sewer agency.

(6) The joint sewer agency may be dissolved only by adoption of an ordinance of the

legislative body of the city and the fiscal court of the county. The ordinance creating

the joint sewer agency shall be amended in the same manner as originally enacted.

(7) The legislative body of any city with a population of less than twenty thousand

(20,000) based upon the most recent federal decennial census may by ordinance

elect to be within the jurisdiction of a joint sewer agency established pursuant to

this section.

(8) The joint sewer agency may 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 agency'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.