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76.232 Establishment of joint sewer agency by city of second to sixth class with county or sanitation district.

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Page 1 of 1 76.232 Establishment of joint sewer agency by city of second to sixth class with county or sanitation district. (1) A city of the third to sixth class together with the county in which it is located or together with the sanitation district, or any city of the second class 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 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: July 15, 1998
History: Created 1998 Ky. Acts ch. 36, sec. 1, effective July 15, 1998.

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