KRS § 96.187 Limitation on action attacking proceedings.
A challenge to the validity of certain ordinances, bond resolutions, or election resolutions/ elections must be filed within 60 days, or it is forever barred.
- Litigation timing
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A challenge to the validity of certain ordinances, bond resolutions, or election resolutions/ elections must be filed within 60 days, or it is forever barred.
Ordinances and resolutions adopted under KRS 96.171 to 96.188 take effect after passage, and they generally cannot be put to referendum or election unless the statute expressly allows it.
A city may acquire, build, install, improve, extend, and operate streetcar, street omnibus, or taxicab systems, and may issue bonds for financing if it follows the required ordinance, debt-limit, and voter-approval rules.
A city legislative body may provide utility services and, for older-franchise utilities, may set rules, service standards, and consumer rates.
Certain Kentucky municipal corporations may issue interest-bearing warrants for electric power plant or waterworks improvements and extensions.
A city legislative body may decide by ordinance how profits or surplus from a city-owned public utility are used; until then, surplus earnings must go into the city treasury for general city government purposes.
This section was repealed.
This section was repealed effective January 1, 2015.
If a first-class city or consolidated local government owns all shares in a water-supplying corporation, it must control, manage, and operate that corporation’s plant, franchise, and other property.
The mayor must appoint six board members for the board of waterworks, and appointees must meet age, residence, property, and qualification requirements.
The board of waterworks must elect specified officers each year and may appoint other employees, set compensation, and combine the secretary and treasurer offices.
The board of waterworks has broad authority over the corporation’s property and franchises, and may make contracts and sue or be sued only in the corporation’s name.
The board of waterworks may extend water service to unserved areas and can recover extension costs through assessments and liens.
The consolidated local government gets certain water free, must exempt board-of-waterworks property from taxation, and the board may still charge reasonable rates to others.
The consolidated local government's legislative body may set reasonable ordinance-based conditions for when the board of waterworks may cut into public ways.
Waterworks debts and obligations must be paid from the waterworks’ property, rents, earnings, and income; the consolidated local government is not liable for them as a municipal corporation.
The board of waterworks may borrow money and issue or secure bonds, but some bond actions require consent from the commissioners of the sinking fund.
The board of waterworks may make and enforce reasonable rules for its own government, must file a quarterly financial statement, and must keep its books and accounts open for inspection by specified local officials.
Section 96.315 was renumbered as KRS 96.265.
Cities that own a waterworks may run it themselves or appoint a waterworks commission, and the commissioners must meet residency, voter, bond, reporting, and quorum requirements.
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