Kentucky Statutes 96.540 – Restrictions on conveyance or encumbrance of waterworks or lighting system by a city of the home rule class
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(1) Except as provided in KRS § 96.171 to KRS § 96.188, inclusive, and in KRS § 96.5405, no city of the home rule class that owns a lighting system by gas or electricity, shall sell, convey, lease, or encumber the system or the income therefrom without the assent of a majority of the total number of legal voters of the city voting at an election held for that purpose, after notice of the election has been published pursuant to KRS Chapter 424.
(2) In the case of a city with a population of less than eight thousand (8,000) based upon the most recent federal decennial census, the election shall be ordered and the election officers shall be selected by the city legislative body, the city clerk shall prepare the question for presentation to the voters, and a tabulation of the vote shall be done by the city legislative body in the presence of the mayor; in all other respects the election shall be conducted under the regular election laws.
(3) Except as provided in KRS § 96.171 to KRS § 96.188, inclusive, and in KRS § 96.5405, no city of the home rule class that owns a waterworks system, shall sell, convey, lease, or encumber the system or the income therefrom without the assent of a majority of the legislative body for the city or of a majority of the total number of legal voters of the city voting at an election held for that purpose, after notice of the election has been published pursuant to KRS Chapter 424.
(4) This section shall not apply to the issuance of revenue bonds under the provisions of
KRS § 96.350 to KRS § 96.520.
Effective: January 1, 2015
History: Amended 2014 Ky. Acts ch. 92, sec. 174, effective January 1, 2015. — Amended 2000 Ky. Acts ch. 529, sec. 11, effective July 14, 2000. — Amended 1990
Ky. Acts ch. 153, sec. 1, effective March 30, 1990. — Amended 1982 Ky. Acts ch.
360, sec. 27, effective July 15, 1982. — Amended 1966 Ky. Acts ch. 239, sec. 93. — Amended 1952 Ky. Acts ch. 62, sec. 1. — Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2741L-21, 2741L-22, 3172-1, 3290a-
1.
(2) In the case of a city with a population of less than eight thousand (8,000) based upon the most recent federal decennial census, the election shall be ordered and the election officers shall be selected by the city legislative body, the city clerk shall prepare the question for presentation to the voters, and a tabulation of the vote shall be done by the city legislative body in the presence of the mayor; in all other respects the election shall be conducted under the regular election laws.
Terms Used In Kentucky Statutes 96.540
- City: includes town. See Kentucky Statutes 446.010
- Federal: refers to the United States. See Kentucky Statutes 446.010
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Regular election: means the election in even-numbered years at which members of Congress are elected and the election in odd-numbered years at which state officers are elected. See Kentucky Statutes 446.010
(3) Except as provided in KRS § 96.171 to KRS § 96.188, inclusive, and in KRS § 96.5405, no city of the home rule class that owns a waterworks system, shall sell, convey, lease, or encumber the system or the income therefrom without the assent of a majority of the legislative body for the city or of a majority of the total number of legal voters of the city voting at an election held for that purpose, after notice of the election has been published pursuant to KRS Chapter 424.
(4) This section shall not apply to the issuance of revenue bonds under the provisions of
KRS § 96.350 to KRS § 96.520.
Effective: January 1, 2015
History: Amended 2014 Ky. Acts ch. 92, sec. 174, effective January 1, 2015. — Amended 2000 Ky. Acts ch. 529, sec. 11, effective July 14, 2000. — Amended 1990
Ky. Acts ch. 153, sec. 1, effective March 30, 1990. — Amended 1982 Ky. Acts ch.
360, sec. 27, effective July 15, 1982. — Amended 1966 Ky. Acts ch. 239, sec. 93. — Amended 1952 Ky. Acts ch. 62, sec. 1. — Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2741L-21, 2741L-22, 3172-1, 3290a-
1.