96.640 Election by voters on question of constructing, purchasing, or condemning
911 words·~4 min read·
/ky/96-640A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
electric plant, or issuing bonds therefor.
(1)Before any municipality shall have authority to
(a)construct or cause to be
constructed an electric plant,
(b)acquire an electric plant by purchase,
(c)institute
condemnation proceedings for acquiring by eminent domain an electric plant, or
issue revenue bonds for the construction, purchase, or acquisition of an electric
plant, the question shall be submitted to the qualified voters of the municipality as
hereinafter in this section provided.
(2)Before any municipality shall be authorized or empowered to purchase or establish
and thereafter operate an electric plant, or to issue bonds therefor, the legislative
body of such municipality shall pass an ordinance declaring it desirable that the
municipality shall purchase or construct and operate a municipal electric plant, and
if it is proposed to construct such electric plant, the board shall cause an engineer or
engineers duly qualified and licensed under the laws of this Commonwealth
(a)to
prepare the necessary and proper plans and specifications for the construction of the
electric plant,
(b)select the location therefor,
(c)determine the size, type and
method of construction thereof,
(d)make the necessary estimates of the cost of
construction and of the acquisition of the land and rights of way, and
(e)a survey of
all lands, structures, rights of way, franchises and easements, the acquisition of
which is deemed necessary by said engineers and the board for the construction and
operation of such municipal electric plant, all of which shall be approved by the
board; and, Provided further, That the question of whether or not revenue bonds
shall be issued to provide for the payment of the cost thereof shall be submitted to
the qualified voters of such municipality at the next regular November election to be
held in said municipality if the ordinance is certified to the county clerk not later
than the second Tuesday in August preceding the next regular election. The mayor
shall certify such ordinance to the county clerk, who shall have prepared to be
placed before the voters in the general November election, the question: "Are you in
favor of the city constructing and operating a municipal electric plant in accordance
with the plans and specifications adopted by the Electric Plant Board of _________
(here insert name of municipality) and the issuance of revenue bonds in the
maximum amount of $_______ (here insert maximum total face amount of bonds
estimated by the board to be necessary to pay the cost of such plant, based upon the
estimate hereinabove provided)." The voters shall respond to the question by voting
"Yes" or "No".
(3)The mayor of such municipality shall advertise such election and the object thereof
by publication pursuant to KRS Chapter 424, and also by printed handbills posted in
not less than four
(4)conspicuous places in each voting precinct in the municipality
and at the courthouse door. All legal voters of such municipality shall be privileged
to vote at such election. The city shall have no authority to construct a municipal
electric plant, or to issue revenue bonds unless a majority of all the qualified voters
voting in said election on this question vote in favor thereof.
(4)Any contract of a municipality for the purchase of an electric plant shall be
conditioned upon the approval of the qualified voters of the municipality at an
election held at the time and in the manner provided in subsections
(2)and
(3)of
this section, except that the clerk shall have prepared to be placed before the voters
the following question: "Are you in favor of the City of ________ purchasing from
_________ (insert the name of owner or owners) an electric plant at the price of
$_________ (herein insert the amount of the agreed purchase price) and the
issuance of revenue bonds in the amount of $_______ (herein insert total face
amount of bonds required to pay the agreed purchase price)." The voters shall
respond to the question by voting "Yes" or "No".
(5)Before any municipality shall be authorized or empowered to institute
condemnation or eminent domain proceedings to acquire an electric plant, the
legislative body of such city shall pass an ordinance declaring it desirable that the
municipality shall acquire by condemnation an electric plant, and shall describe in
the ordinance the property which it deems necessary to be acquired, and there shall
be submitted, in the manner provided in subsections
(2)and
(3)of this section, to
the qualified voters of the municipality at the next regular November election, the
following question: "Are you in favor of the City of _________ (here insert name of
city) acquiring an electric plant by the exercise of the power of eminent domain and
the issuance of revenue bonds in an amount sufficient to pay the entire damages and
costs of such acquisition." The voters shall respond to the question by voting "Yes"
or "No".
(6)No municipality or board shall have authority to purchase, construct, or acquire, or
to institute condemnation proceedings for acquiring an electric plant, or to issue
revenue bonds or other obligations or evidences of indebtedness for the payment of
the costs thereof unless a majority of all the qualified voters voting in said election
on the question vote in favor thereof. Elections held pursuant to the provisions of
KRS 96.550 to 96.900 shall be governed by the laws of this state relative to
elections to the extent that such laws are not inconsistent herewith.