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76.090 Rates, rentals, and charges -- Use of funds of district -- Cutting off sewer and water service to delinquents.

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76.090 Rates, rentals, and charges -- Use of funds of district -- Cutting off sewer and water service to delinquents. (1) The district may establish a schedule of rates, rentals, and charges, to be collected from all the real property within the district area served by the facilities of the <br>district, and prescribe the manner in which and the time at which the rates, rentals, <br>and charges are to be paid, and may change the schedule from time to time as the <br>district deems necessary, advisable or expedient. The schedule may be based upon <br>either: <br>(a) The consumption of water on premises connected with the facilities, taking into consideration commercial and industrial use of water; or (b) The number and kind of plumbing fixtures connected with the facilities; or <br>(c) The number of persons served by the facilities; or <br>(d) May be determined by the district on any other basis or classification which the district determines to be fair and reasonable, whether similar or dissimilar <br>to those enumerated, except that the schedule shall be uniform for all <br>residential property; or (e) Any combination thereof. This schedule may include additional charges for treatment of sewage, with a <br>surcharge where the sewage contains industrial wastes or other wastes in excess of <br>limitations established by regulations of the district. (2) Prior to the final adoption or modification of the schedule for the district area, the district shall adopt a proposed schedule and publish notice thereof pursuant to KRS <br>Chapter 424. The notice so published shall be dated as of the date of first <br>publication thereof and shall state that the proposed or revised schedule of rates, <br>rentals, and charges will remain open for inspection in the office of the district for <br>thirty (30) days from the date of the notice, and that objections thereto in writing <br>may be filed during that period with the district by any person aggrieved thereby. <br>The district shall examine and hear any and all complaints, may modify the <br>proposed schedule, and shall adopt and establish a final schedule within sixty (60) <br>days after the date of the notice; the schedule, however, shall not become final <br>within a county outside a city of the first class until it has been approved by the <br>fiscal court of the county, or shall not become final within a city of the first class, <br>unless and until it has received the approval of the legislative body of the city of the <br>first class by ordinance approved by the mayor; provided, however, the schedule <br>finally adopted shall be sufficient and adequate to cover the purposes of this <br>chapter. The schedules shall be uniform for all property falling within the same <br>classification, which classification may be based upon the length of time the <br>property has been in the district area, the drainage area within which the property <br>lies, or any similar or dissimilar reasonable classification, except that the schedule <br>shall be uniform for all residential property. The schedule so adopted and <br>established shall thereafter be the rates, rentals, and charges for the use of the <br>facilities of the district by users within the district area, until changed in the manner <br>herein provided. The schedule of rates, rentals, and charges shall be established and revised from time to time so as to produce aggregate revenues to the district <br>sufficient: <br>(a) For the payment of the interest on and principal of all revenue bonds and other obligations of the district except construction subdistrict obligations and <br>bonds; (b) For the payment of all cost and expenses of operating and maintaining the sewer and drainage system of the district within the district area, including but <br>not limited to that portion of the salaries, wages, and fees of all officers and <br>employees of the district equitably allocable to operations within or for the <br>district area; and (c) For the payment of all cost of renewals and replacement of such system within the district area; provided, however, that all expenses, salaries, wages, and <br>fees necessary or incident to improvements for the account of which bonds are <br>issued, may be included as a part of the cost of the improvements and paid <br>from the proceeds of the bonds. The district may collect the sewer rates, rentals, and charges, or cause them to be <br>collected and paid to it by agencies it designates, and with whom it may make such <br>contracts or arrangements as the district deems proper. No moneys received on <br>account of the existence or operation of construction subdistricts shall be used for <br>the payment of district obligations, and no other moneys received by the district <br>shall be used for the payment of construction subdistrict bonds or obligations. <br>Except as provided in the preceding sentence, the use of all moneys of the district <br>received from any and all sources is hereby limited exclusively and shall be devoted <br>solely to the payment of all obligations of the district and board created by KRS <br>76.010 to 76.210, and no funds from any sources authorized by KRS 76.010 to <br>76.210, shall be diverted to any other purposes than those in KRS 76.010 to 76.210 <br>set forth, except that the district shall pay from district area revenues an equitably <br>allocable share of the cost of constructing and operating any nondistrict area <br>facilities to which sewage from the district area is diverted in order to relieve <br>facilities from excessive sewage and costs described in KRS 76.248 but otherwise <br>paid for. (3) Whenever an area located within the district is served initially by a construction subdistrict facility, the schedule of rates, rentals, and charges applicable to the <br>particular construction subdistrict shall, at the discretion of the board, be applied to <br>the area. (4) Whenever any such sewer rates, rentals, or charges for services rendered remains unpaid for a period of thirty (30) days after the same becomes due and payable, the <br>district shall declare the property, the owner thereof, and the user of the service, <br>delinquent until such time as all service rates, rentals, and charges are fully paid and <br>may cut off the sewer connection and service. It is unlawful for any delinquent to <br>use water from any public water service or system and discharge same into a public <br>sewer. No public water service or system shall furnish the delinquent with water to <br>be discharged into a public sewer. The district may enter into agreements with any public water company or public water service providing for the discontinuance of <br>water service to delinquents. History: Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 13, sec. 25. -- Amended 1968 Ky. Acts ch. 156, sec. 2. -- Amended 1966 Ky. Acts ch. 255, sec. 91. -- Amended <br>1964 Ky. Acts ch. 33, sec. 5. -- Amended 1960 Ky. Acts ch. 200, sec. 1. -- Amended <br>1956 Ky. Acts ch. 109, sec. 1. -- Created 1946 Ky. Acts ch. 104, sec. 7.