96.520 City of the home rule class or urban-county government may acquire and
688 words·~3 min read·
/ky/96-520A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
operate electric light, heat, and power plants -- Regulation of provision of
telecommunications services or municipal telephone service -- Interconnection
agreements with utilities or utility affiliates -- Bonds.
(1)Any city of the home rule class or urban-county government may purchase,
establish, erect, maintain, and operate electric light, heat, and power plants, with
extensions and necessary appurtenances, within or without the corporate limits of
the city or the urban-county government, for the purpose of supplying the city or
urban-county government and its inhabitants with electric light, heat, power, and
telecommunications. Any city-owned or urban-county government-owned utility
created under this section that provides telecommunications services shall be
regulated as to that service by KRS Chapter 278. Any city-owned or urban-county
government-owned utility created under this section that provides municipal
telephone service shall be regulated as to that service by KRS Chapter 278. For the
purpose of providing electric light, heat, power, and telephone services, a city of the
home rule class or urban-county government may enter into and fulfill the terms of
an interconnection agreement with any electric or combination electric or gas utility
whose rates and service are regulated by the Public Service Commission of
Kentucky (or, if not so regulated, operating and having customers only outside of
Kentucky), or an affiliate entirely owned by or under complete common ownership
with an electric or combination electric and gas utility whose rates and service are
regulated by the Public Service Commission of Kentucky. Any city of the home rule
class or urban-county government may establish, erect, maintain, and operate plants,
individually or jointly with any of these utilities or utility affiliate. In the case of any
joint action, a city or urban-county government and utility or utility affiliate may
provide by contract for their respective responsibilities, for operation and
maintenance and for the allocation of expenses, revenues, and power. If in the
accomplishment of this purpose a city or urban-county government at any time has
capacity or energy surplus to the immediate needs of the city or urban-county
government and its inhabitants, the surplus, if not disposed of for consumption
outside this state, may be disposed of to an electric or combination electric and gas
utility whose rates and service are regulated by the Public Service Commission of
Kentucky, to an affiliate entirely owned by or under complete common ownership
with such a utility, or to a city-owned or urban-county government-owned utility
established pursuant to KRS Chapter 96.
(2)The city or urban-county government shall proceed in the same manner and be
governed by the same conditions as are set forth in KRS 96.360 to 96.510 for the
acquisition and operation of a water system, with the following exceptions:
(a)A petition calling for an election on the proposition of purchasing an existing
plant shall be signed by at least two hundred
(200)qualified voters of the city
or urban-county government, rather than by twenty-five percent (25%) of the
qualified voters of the city or urban-county government who voted at the last
preceding regular election.
(b)Notwithstanding any other laws, bonds may be issued bearing interest at a rate
or rates and may be sold on a basis to yield interest at a rate or rates as may be
determined upon the sale of the bonds.
(c)Bonds of an issue, or bonds of two
(2)or more issues consolidated for the
purposes of sale, which equal or exceed $10,000,000 in the aggregate
principal amount may be sold at public or private sale without compliance
with KRS 424.360.
(3)This section constitutes a method for the acquisition of an electric light, heat, and
power plant by any city of the home rule class or urban-county government in
addition or as an alternate to any other method authorized by statute, provided that
the city or urban-county government was operating an electric plant on June 1,
1942, and has not elected to operate under KRS 96.550 to 96.900. No proceedings
shall be required for the acquisition of any electric light, heat, or power plant or the
issuance of bonds under this section except the proceedings required by KRS
96.360 to 96.510.