Kentucky Statutes 76.262 – Rate schedule for construction subdistrict — Notice — Objections — Purposes — Subdistrict fund, uses
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(1) The district is authorized to establish a schedule of rates, rentals, and charges to be collected from all real property within a construction subdistrict served by construction subdistrict facilities. This schedule shall be in addition to the charge authorized by KRS § 76.090. This schedule shall be determined for each construction subdistrict on the basis of one (1) or more of the factors stated in subsection (1) of KRS § 76.090.
(2) Before final adoption of such a schedule the district shall give notice of it pursuant to KRS Chapter 424. The first notice shall be dated as of the date of the first publication; that notice shall state that the proposed or revised schedule of rates, rentals, and charges will remain open for inspection in the office of the district for thirty (30) days from the date in the notice, and that any person claiming to be aggrieved by the proposed schedule may file written objections to it with the district. The district shall examine and hear any and all such objections, may modify the proposed schedule, and shall adopt and establish a final schedule within sixty (60) days after the date of the first notice.
(3) Such schedule shall be established and revised from time to time so as to produce revenues for the construction subdistrict sufficient:
(a) For the payment of all construction subdistrict bonds and obligations except those payable from assessments;
(b) For the payment of all costs and expenses of operating and maintaining the construction subdistrict which expenses shall include, but not be limited to, an equitable portion of the wages, salaries, and fees of officers and employees of the district;
(c) For the payment to the district of an amount which represents an equitable allocation of the cost of district facilities used, directly or indirectly, by the construction subdistrict if there is such a use;
(d) To meet all or part of reasonably foreseeable future need for trunk, main, connecting sewers and any other facilities necessary to link the construction subdistrict facilities to the district facilities or, where such linkage is not feasible, to link the construction subdistrict facilities to and dispose of the sewage in a treatment plant serving at least one (1) other construction subdistrict;
(e) For the payment of an equitable portion, not to exceed twice the amount required by paragraph (b), of any amount necessary to establish and maintain a fund created by subsection (6) and
(f) For the payment of all cost of renewals and replacements of construction subdistrict facilities.
(4) Any and all portions of expenses, salaries, wages and fees necessary or incident to improvements for which bonds are issued may be paid from bond proceeds.
(5) The rates, rentals, and charges authorized by this section need not be the same for all real property within the construction subdistrict but may be based upon any
reasonable classification.
(6) The district may create a fund for construction subdistrict purposes generally, which fund may be used from time to time at the discretion of the district’s board for the purpose of financing sewerage and drainage studies, paying engineering costs, and defraying, in whole or in part, the cost of the construction or acquisition of sewerage and drainage facilities for any existing or proposed construction subdistricts.
History: Amended 1966 Ky. Acts ch. 75, sec. 2. — Created 1964 Ky. Acts ch. 33, sec.
24.
(2) Before final adoption of such a schedule the district shall give notice of it pursuant to KRS Chapter 424. The first notice shall be dated as of the date of the first publication; that notice shall state that the proposed or revised schedule of rates, rentals, and charges will remain open for inspection in the office of the district for thirty (30) days from the date in the notice, and that any person claiming to be aggrieved by the proposed schedule may file written objections to it with the district. The district shall examine and hear any and all such objections, may modify the proposed schedule, and shall adopt and establish a final schedule within sixty (60) days after the date of the first notice.
Terms Used In Kentucky Statutes 76.262
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
- Treatment: when used in a criminal justice context, means targeted interventions
that focus on criminal risk factors in order to reduce the likelihood of criminal behavior. See Kentucky Statutes 446.010
(3) Such schedule shall be established and revised from time to time so as to produce revenues for the construction subdistrict sufficient:
(a) For the payment of all construction subdistrict bonds and obligations except those payable from assessments;
(b) For the payment of all costs and expenses of operating and maintaining the construction subdistrict which expenses shall include, but not be limited to, an equitable portion of the wages, salaries, and fees of officers and employees of the district;
(c) For the payment to the district of an amount which represents an equitable allocation of the cost of district facilities used, directly or indirectly, by the construction subdistrict if there is such a use;
(d) To meet all or part of reasonably foreseeable future need for trunk, main, connecting sewers and any other facilities necessary to link the construction subdistrict facilities to the district facilities or, where such linkage is not feasible, to link the construction subdistrict facilities to and dispose of the sewage in a treatment plant serving at least one (1) other construction subdistrict;
(e) For the payment of an equitable portion, not to exceed twice the amount required by paragraph (b), of any amount necessary to establish and maintain a fund created by subsection (6) and
(f) For the payment of all cost of renewals and replacements of construction subdistrict facilities.
(4) Any and all portions of expenses, salaries, wages and fees necessary or incident to improvements for which bonds are issued may be paid from bond proceeds.
(5) The rates, rentals, and charges authorized by this section need not be the same for all real property within the construction subdistrict but may be based upon any
reasonable classification.
(6) The district may create a fund for construction subdistrict purposes generally, which fund may be used from time to time at the discretion of the district’s board for the purpose of financing sewerage and drainage studies, paying engineering costs, and defraying, in whole or in part, the cost of the construction or acquisition of sewerage and drainage facilities for any existing or proposed construction subdistricts.
History: Amended 1966 Ky. Acts ch. 75, sec. 2. — Created 1964 Ky. Acts ch. 33, sec.
24.