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

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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 of the second class, 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 of the third to sixth class may by ordinance elect to be within the jurisdiction of a joint sewer agency established pursuant to this
section. Effective: April 11, 2002
History: Amended 2002 Ky. Acts ch. 319, sec. 1, effective April 11, 2002. -- Amended 1998 Ky. Acts ch. 195, sec. 1, effective July 15, 1998. -- Created 1984 Ky. Acts
ch. 30, sec. 1, effective July 13, 1984.