Kentucky Statutes 74.363 – Merger of water districts — Board of resulting district — Transfer of assets — Payment of obligations
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(1) Boards of commissioners of any two (2) or more water districts may by concurrent action and by approval of a majority of the membership of the board of each merge their districts into one (1).
(2) The members of the boards of commissioners of the merged water districts shall serve as members of the board of commissioners of the resulting district, regardless of their normal term expiration, until one (1) year after approval of the merger by the Public Service Commission. Thereafter, the board shall be composed as follows:
(a) If the boundaries of the resulting district lie wholly within a single county, the board of commissioners shall be composed of between three (3) and seven (7) members as agreed upon by the merged water districts in their merger documents; and
(b) If the boundaries of the resulting district lie within two (2) or more counties, the board of commissioners shall be composed of six (6) or more members as agreed upon by the merged water districts in their merger documents.
(3) Each appointment to the board of commissioners of the resulting district shall be made by the appropriate county judge/executive with the approval of the fiscal court. Each member of the board shall be a resident of the county from which he or she is appointed. The initial terms of the board of commissioners after the merger shall be as follows: approximately one-third (1/3) of the commissioners shall be appointed for a term of two (2) years; approximately one-third (1/3) of the commissioners shall be appointed for a term of three (3) years; and the remaining commissioners shall be appointed for a term of four (4) years. Thereafter, all commissioners shall be appointed for a term of four (4) years. KRS § 74.020(2) to (11) shall apply to all commissioners and vacancies on the board of commissioners.
(4) The resulting district shall have all the assets and legal liabilities of the water districts joining in the merger. The separate existences of the water districts joining in the merger, except the resulting district, shall cease, and the title to all real estate and other property owned by the water districts joining in the merger shall be vested in the resulting district without reversion or impairment. Bonded obligations of any district secured by the right to levy an assessment as provided by KRS § 74.130 through 74.230 or secured by the revenue of the systems operated by the district shall continue to be retired or a sinking fund for such purpose created from the tax assessments or revenue from the system operated by the district from funds collected over the same area by the new board of commissioners in accordance with the laws under which the bonds were issued until all bonded obligations of the old district have been retired.
Effective:March 18, 2021
History: Amended 2021 Ky. Acts ch. 43, sec. 2, effective March 18, 2021. — Amended 2010 Ky. Acts ch. 18, sec. 2, effective July 15, 2010. — Amended
2008 Ky. Acts ch. 6, sec. 11, effective July 15, 2008. — Amended 1998 Ky. Acts ch. 76, sec. 2, effective July 15, 1998. — Amended 1996 Ky. Acts ch. 236, sec.
2, effective April 4, 1996. — Amended 1994 Ky. Acts ch. 298, sec. 2, effective
July 15, 1994. — Created 1966 Ky. Acts ch. 70, sec. 4.
(2) The members of the boards of commissioners of the merged water districts shall serve as members of the board of commissioners of the resulting district, regardless of their normal term expiration, until one (1) year after approval of the merger by the Public Service Commission. Thereafter, the board shall be composed as follows:
Terms Used In Kentucky Statutes 74.363
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
- real estate: includes lands, tenements, and hereditaments and all rights thereto and interest therein, other than a chattel interest. See Kentucky Statutes 446.010
- Year: means calendar year. See Kentucky Statutes 446.010
(a) If the boundaries of the resulting district lie wholly within a single county, the board of commissioners shall be composed of between three (3) and seven (7) members as agreed upon by the merged water districts in their merger documents; and
(b) If the boundaries of the resulting district lie within two (2) or more counties, the board of commissioners shall be composed of six (6) or more members as agreed upon by the merged water districts in their merger documents.
(3) Each appointment to the board of commissioners of the resulting district shall be made by the appropriate county judge/executive with the approval of the fiscal court. Each member of the board shall be a resident of the county from which he or she is appointed. The initial terms of the board of commissioners after the merger shall be as follows: approximately one-third (1/3) of the commissioners shall be appointed for a term of two (2) years; approximately one-third (1/3) of the commissioners shall be appointed for a term of three (3) years; and the remaining commissioners shall be appointed for a term of four (4) years. Thereafter, all commissioners shall be appointed for a term of four (4) years. KRS § 74.020(2) to (11) shall apply to all commissioners and vacancies on the board of commissioners.
(4) The resulting district shall have all the assets and legal liabilities of the water districts joining in the merger. The separate existences of the water districts joining in the merger, except the resulting district, shall cease, and the title to all real estate and other property owned by the water districts joining in the merger shall be vested in the resulting district without reversion or impairment. Bonded obligations of any district secured by the right to levy an assessment as provided by KRS § 74.130 through 74.230 or secured by the revenue of the systems operated by the district shall continue to be retired or a sinking fund for such purpose created from the tax assessments or revenue from the system operated by the district from funds collected over the same area by the new board of commissioners in accordance with the laws under which the bonds were issued until all bonded obligations of the old district have been retired.
Effective:March 18, 2021
History: Amended 2021 Ky. Acts ch. 43, sec. 2, effective March 18, 2021. — Amended 2010 Ky. Acts ch. 18, sec. 2, effective July 15, 2010. — Amended
2008 Ky. Acts ch. 6, sec. 11, effective July 15, 2008. — Amended 1998 Ky. Acts ch. 76, sec. 2, effective July 15, 1998. — Amended 1996 Ky. Acts ch. 236, sec.
2, effective April 4, 1996. — Amended 1994 Ky. Acts ch. 298, sec. 2, effective
July 15, 1994. — Created 1966 Ky. Acts ch. 70, sec. 4.