system may be joined.
(1) Any city of the home rule class may, under the provisions of KRS 96.350 to 96.510, purchase, establish, erect, maintain and operate waterworks, together with extensions and necessary appurtenances thereto, within or without the corporate limits of the city, for the purpose of supplying the city and its inhabitants with water.
(2) A sewerage system may be acquired with a water system and joined in one (1) project with the water system for the purpose of original financing.
(3) KRS 96.350 to 96.510 constitute a method for the acquisition of waterworks by any city of the home rule class in addition or as an alternate to any other method authorized by statute. No proceedings shall be required for the acquisition of any waterworks or the issuance of bonds under KRS 96.350 to 96.510 except the proceedings required by KRS 96.350 to 96.510. Effective: January 1, 2015 History: Amended 2014 Ky. Acts ch. 92, sec. 166, effective January 1, 2015. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2741L-1, 2741L-19, 2741L-23, 2741L-41.
Notes of Decisions
Cawood v. Coleman, Mayor, 172 S.W.2d 548 (Ky. Ct. App. 1943).
· cites it 4× “system by KRS 96.350 et seq. (3) That sec. 179 of the Constitution prohibits the city from acquiring the combined capital stock of Tri City, even though it may be purposed to dissolve that corporation.”
Williams v. City of London, 252 F. Supp. 2d 388 (E.D. Ky. 2003).
· cites it 4× “____ 1942 Kentucky’s legislature passed Ky. Rev. Stat. Ann. § 96.350 , which was titled “City of second, third, fourth, fifth or sixth class may acquire and operate waterworks.”
Embry v. City of Caneyville, 397 S.W.2d 141 (Ky. Ct. App. 1965).
· cites it 3× “Appellee claims that under KRS 96.350(1) and KRS 106.010 a sixth-class city may build a reservoir on land it purchases beyond its boundaries.”
Settle v. Jones, 206 S.W.2d 59 (Ky. Ct. App. 1947).
“900 (authorizing the city to acquire an electric plant,) nor KRS 96.350 (authorizing it to acquire a water system,) provides for a third class city to acquire a unified electric and water system.”
Keathley v. Town of Martin, 246 S.W.2d 152 (Ky. Ct. App. 1951).
· cites it 4× “The ordinance further stated that the bonds were issued under KRS 96.350 to 96.510, and the form of bond which was actually issued under the ordinance stated that they were issued under those sections of the Kentucky Revised Statutes.”
Elec. Plant Bd., Etc. v. City of Mayfield, 185 S.W.2d 411 (Ky. Ct. App. 1945).
· cites it 2× “The City of Mayfield is a fourth-class city, and acquired its water plant under the authority of KRS 96.350 to 96.510, inclusive. KRS 96.430 provides that out of the revenues received by the waterworks, the city council, by ordinance, first shall set aside a separate fund…”
Lynchburg Foundry Co. v. City of Pikeville, 246 S.W.2d 594 (Ky. Ct. App. 1952).
“” It follows from the quoted language that the city could only enter into the contract in question by virtue of a duly enacted ordinance.”
Foley v. Kinnett, 486 S.W.2d 705 (Ky. Ct. App. 1972).
“2d 152 (1951), that while the Water System Act (KRS 96.350 to KRS 96.510) makes no provision as to the creation of a governing body for the utility, by the acquisition and operation of a water plant a municipality acts' in a propriety capacity and has full right to set up an…”
Ladt v. Cnty. of McCracken, 555 S.W.2d 620 (Ky. Ct. App. 1977).
“, or under the provisions of KRS 96.350 et seq. Similarly, a city may finance a sewer system under KRS 58.”
Keathley v. Town of Martin, 253 S.W.2d 3 (Ky. Ct. App. 1952).
“54 authorizing the issuance and sale of $100,-000 of Waterworks, Revenue, Improvement and Refunding Bonds for the purpose of financing the extension and improvement of the then existing waterworks system pursuant to KRS 96.350 to 96.510, inclusive. Following the passage of this…”
— Ky. Rev. Stat. § 96.350(1) — 1 case
Embry v. City of Caneyville, 397 S.W.2d 141 (Ky. Ct. App. 1965).
“Appellee claims that under KRS 96.350(1) and KRS 106.010 a sixth-class city may build a reservoir on land it purchases beyond its boundaries.”
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