KRS § 76.231 — KY Code / Title IX / Chapter 76 / Section 76.231
76.231 Joint sewer agency established -- Powers -- Administration -- Dissolution
Status: in_force

76.231 Joint sewer agency established -- Powers -- Administration -- Dissolution.

(1) As an alternative to establishing a metropolitan sewer district pursuant to KRS

76.010, 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, may jointly

establish a sewer agency for the purpose of providing sewer and drainage facilities

within the city and the county.

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

ordinances establishing and setting out the powers of the agency by both the

legislative body of the city and the fiscal court of the county.

(3) All the powers granted a metropolitan sewer district in cities of the first class by

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

these powers may be restricted or qualified in order to conform to the local needs of

the county and the city.

(4) The legislative body of the city and the fiscal court of the county shall establish a

schedule of rates, rentals and charges to be collected from all real property served

by the facilities of the sewer agency in the manner provided by KRS 76.090. If the

city, county, and sewer agency find that local needs warrant, uniformity of rates for

all residential property shall not be required for a period of no more than ten (10)

years from the date the sewer agency is established under subsection (2) of this

section. If for whatever reason the city and county cannot agree to amendments to a

rate schedule, the current schedule shall remain in effect until such time as an

agreement can be reached.

(5) For purposes of establishing a schedule of rates, rentals, and charges to be collected,

the legislative body of the city and the fiscal court of the county may prescribe by

joint ordinance for the creation of a rate adjustment board that shall be comprised of

the members of both legislative bodies, sitting as a single body. Upon the creation

of a rate adjustment board, a simple majority of the combined membership of the

rate adjustment board shall be required to establish rates, rentals, and charges to be

collected.

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

jointly appointed administrator or joint board as set out in the establishing

ordinances.

(7) The joint sewer agency may be dissolved only by a joint action of the legislative

body of the city and the fiscal court of the county. The establishing ordinance may

be amended in the same manner as originally enacted.

(8) 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.

(9) 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.