KRS 96.5405: Sale, lease, or transfer of utility system in emergency by city with

population of less than 1,000 -- Procedure.

(1) A city with a population of less than one thousand (1,000) based upon the most

recent federal decennial census may, in an emergency situation, sell, lease, or

otherwise transfer a utility system which it owns after obtaining the approval of

two-thirds (2/3) of the utility's customers by petition, as specified in this section,

without holding an election under KRS 96.540.

(2) The city legislative body shall enact an ordinance pursuant to 83A.060 which shall

describe the terms of the proposed sale, lease, or other transfer of the city -owned

utility system, declare an emergency, and set out the reasons why the proposed

transaction is deeme d to be an emergency. The ordinance also shall set a deadline

for obtaining the necessary signatures, and specify who will certify the petition.

(3) At least two (2) public hearings shall be held to inform the public of the proposed

sale, lease, or other t ransfer of the utility system, and to obtain public comment on

the proposal. The hearings shall be publicized at a minimum, in accordance with

KRS 424.130(1)(d).

(4) The petition may consist of several separate units, and shall include a full address

and the date with each signature. Unless the ordinance provides otherwise, only a

person named on an account shall be a valid signer of the petition. The utility shall

make available a list of the names and addresses of all current customers.