Kentucky Revised Statutes

Ky. Rev. Stat. § 96.240 (2026)

Board of waterworks -- Appointment -- Qualifications -- Term -- Oath

✓ current as of May 2026

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The mayor of a consolidated local government which is formed upon the consolidation of a city of the first class with its county, and which receives upon the consolidation from the city of the first class the shares of capital stock in any corporation engaged in supplying water to the area comprising the consolidated local government, shall appoint, subject to the provisions of KRS 67C.139, six (6) persons, no more than three (3) of whom shall be members of the same political party, who with the mayor as an ex officio member shall constitute a body corporate known as the "board of waterworks." Each appointee shall be at least thirty (30) years of age and shall be a resident of the county containing a consolidated local government and be the owner in his or her own right of real estate situated in the consolidated local government. At least one (1) such appointee shall be qualified, as specified in KRS 96.250, to serve as president of the board. No officer or employee of the consolidated local government, whether holding a paid or unpaid office, shall be eligible for appointment to the board. Of the persons first appointed, two (2) shall be appointed for a term of two (2) years, two (2) for a term of three (3) years, and two (2) for a term of four (4) years, and such terms shall expire on the date of the annual meeting of the board of waterworks. Their successors shall be appointed in the same manner, but for terms of four (4) years each. Appointees shall be eligible to succeed themselves. All vacancies shall be filled for the unexpired term by appointment in the same manner. Each member shall hold his office until his or her successor has been appointed and qualified. The oath of office of each member shall be filed with the board of the revenue commission of the consolidated local government. Effective: July 15, 2002 History: Amended 2002 Ky. Acts ch. 346, sec. 109, effective July 15, 2002. -- Amended 1964 Ky. Acts ch. 32, sec. 1. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 3024a-2, 3024a-3.

Notes of Decisions

Cited in 4 cases, 1951–2003 · leading case: Phelps v. Louisville Water Co., 103 S.W.3d 46 (Ky. 2003).

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Phelps v. Louisville Water Co., 103 S.W.3d 46 (Ky. 2003). · cites it 4× “[1] KRS 96.240. The City of Louisville does not control the LWC; rather, the mayor merely appoints four of the members of the Board, much like voting shareholders of a corporation elect a board of directors.”

Bd. of Com'rs v. Yunker, 239 S.W.2d 984 (Ky. Ct. App. 1951). “230, which reads in part: “Whenever any city of the first class owns, through its commissioners of the sinking fund, all the shares of capital stock in any corporation engaged in supplying water to the city and its inhabitants, the city shall control, manage and operate the…”

Burkholder v. City of Louisville, 276 S.W.2d 29 (Ky. Ct. App. 1955). “of the first class owns, through its commissioners of the sinking fund, all the shares of capital stock in any corporation engaged in supplying water to the city and its inhabitants, the city shall control, manage and operate the plant of the corporation, its franchise, and all…”

Barber v. City of Louisville, 777 S.W.2d 919 (Ky. 1989). “[T]he city shall control, manage and operate the plant of the corporation, its franchise, and all its other property, in the manner provided in KRS 96.240 to 96.310. As said by the Court of Appeals in Board of Education of Jefferson County v.”

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