Ky. Rev. Stat. » Chapter 96

Ky. Rev. Stat. § 96.560

Scope of KRS 96.550 to 96.900 -- Legislative purpose and intent

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(1) The provisions of KRS 96.550 to 96.900 shall not apply in the case of a municipality now operating an electric plant under any existing law, but the governing body of any such municipality may elect to operate under the provisions of KRS 96.550 to 96.900, in which case, from the time of the exercise of such election and the appointment of a board hereunder, the electric plant of such municipality shall be operated under the provisions of KRS 96.550 to 96.900. (2) KRS 96.550 to 96.900 are intended to be the complete law of this state with respect to municipalities acquiring electric plants after June 1, 1942, and the complete law of this state with respect to the operation of electric plants acquired by any municipality after June 1, 1942. Any proceedings heretofore taken by any municipality relating to the subject matter of KRS 96.550 to 96.900, whether or not commenced under any other law, may be discontinued by the municipality and new proceedings instituted under KRS 96.550 to 96.900. (3) It hereby is declared to be the legislative purpose and intent to vest in the municipalities of all the classes in this Commonwealth full power and authority to establish, acquire, own and operate electric plants; to empower and authorize said municipalities to contract with and acquire from the Tennessee Valley Authority or any governmental agency electric power or current for resale and to authorize and require the payment, out of earnings from the sale of electric power or current, of certain amounts to the state, counties, municipalities, school districts and other taxing districts in order that they may not suffer from loss of revenue resulting from the tax exemption created by the transfer of property from private to public ownership, and in the interest of the general welfare. (4) It hereby is declared to be the further legislative intent that KRS 96.550 to 96.900 shall be the complete law of this state with respect to municipalities acquiring electric plants, after June 1, 1942, and the complete law of this state with respect to the operation of electric plants acquired by any municipality after June 1, 1942; and that all laws and parts of laws in conflict herewith, to the extent of such conflict, hereby are repealed. History: Amended 1966 Ky. Acts ch. 165, sec. 1. -- Created 1942 Ky. Acts ch. 18, secs. 2 and 34.

Notes of Decisions
Cited in 4 cases, 1943–1999 · leading case: Hatchett v. City of Glasgow
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Hatchett v. City of Glasgow (1960) kyctapphigh “KRS 96.560, subsections 2 and 4. The statute must be interpreted by what it says, expressly or inferentially, and not by what it might have said.”
Cawood v. Coleman, Mayor (1943) kyctapphigh “Subsection (4) repeats in substance the above provision and repeals laws in conflict. KRS 96.570 in respect of powers of city councils, provides that except as otherwise specifically provided the board shall exercise all powers delegated by the Act of 1942, and shall have power…”
Grayson Rural Electric Corp. v. City of Vanceburg (1999) ky “550 does not confer transfer rights to or from a preexisting municipal system, but expressly limits an EPB’s authority to operate under its provision “from the time of the exercise of such election and the appointment of a board hereunder.”
Monticello Electric Plant Board v. Department of Revenue (1965) kyctapp “KRS 96.560(3) reads: “It hereby is declared to be the legislative purpose and intent to vest in municipalities of all classes in this Commonwealth full power and authority to establish, acquire, own and operate electric plants; to empower and authorize said municipalities to…”
— Ky. Rev. Stat. § 96.560(1) — 1 case
Grayson Rural Electric Corp. v. City of Vanceburg (1999) ky “550 does not confer transfer rights to or from a preexisting municipal system, but expressly limits an EPB’s authority to operate under its provision “from the time of the exercise of such election and the appointment of a board hereunder.”
— Ky. Rev. Stat. § 96.560(2) — 1 case
Cawood v. Coleman, Mayor (1943) kyctapphigh “Subsection (4) repeats in substance the above provision and repeals laws in conflict. KRS 96.570 in respect of powers of city councils, provides that except as otherwise specifically provided the board shall exercise all powers delegated by the Act of 1942, and shall have power…”
— Ky. Rev. Stat. § 96.560(3) — 1 case
Monticello Electric Plant Board v. Department of Revenue (1965) kyctapp “KRS 96.560(3) reads: “It hereby is declared to be the legislative purpose and intent to vest in municipalities of all classes in this Commonwealth full power and authority to establish, acquire, own and operate electric plants; to empower and authorize said municipalities to…”
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