KRS 74.363: Merger of water districts -- Board of resulting district -- Transfer of

assets -- Payment of obligations.

(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.