{"data":{"id":"us-ky/krs-76.170","jurisdiction":"us-ky","citation":"KRS 76.170","heading":"Area included in district -- Construction subdistrict excluded -- Extension","body":"of boundaries.\n(1) The initial unit of the district embraces the area that is coterminous with the\nboundaries of the city forming a district pursuant to KRS 76.010. The distr ict also\nembraces the district area as defined in KRS 76.005. When territory which is part of\na construction subdistrict is annexed to the city, that territory shall not become part\nof the district area during the existence of the construction subdistrict.  When the\nexistence of the construction subdistrict is wound up under KRS 76.271, the\nterritory therein shall become a part of the district area if it is then a part of the city\nor whenever it is annexed by the city. When a construction subdistrict consist ing of\nterritory outside the city is wound up, the board of the district shall incorporate the\nterritory into the district area under conditions of KRS 76.271. The district may also\nexpand the district area by constructing and extending its initial sewer a nd drainage\nsystem and facilities beyond the corporate limits of the city and within the county in\nwhich the city is located whenever the district and the owners of real property to be\nserved and located outside the limits of the city, by appropriate writt en instrument,\nagree as to apportionment of any and all costs of construction work, subsequent\nmaintenance and operation appertaining thereto, and as to payments by the owners\nof the real property, of rates, rentals and charges for the services and facilit ies to be\nthus afforded and for that portion of the district's capital costs, equitably allocable to\nthe real property. Thereupon the real property served becomes a part of the district\narea. In a like manner and upon the same conditions, the district may construct and\nextend its sewer and drainage system and facilities so as to serve all or any part of\nany other city or other incorporated area located in the same county, pursuant to a\nwritten agreement between the district and the other city or incorporate d area\napproved by their respective governing boards or bodies; provided, however,\nnothing in this subsection shall be construed as requiring the district to obtain the\nconsent of any city with a population of less than three thousand (3,000) based upon\nthe most recent federal decennial census located within a county containing a\nconsolidated local government prior to constructing any sanitary or storm sewerage\nfacilities within the limits of such a city, regardless of whether said facilities will\nserve the  said city or not. All agreements referred to in this section shall be in\nappropriate form for recording and shall be filed of record with the county clerk as\nother instruments relating to transfer or creating a lien upon real estate. Any\nagreements entered into by the district pursuant to this section may provide that the\ndistrict area shall include the real estate in such city or incorporated area, or part\nthereof, to be served pursuant to such agreement, and in such case when such\ninstrument has been fil ed of record with the county clerk as aforesaid, the district\narea shall be thereby officially enlarged and extended to include same; except that\nthe district area shall not be enlarged to include a construction subdistrict by\nagreement or otherwise.\n(2) The district may also expand the district area by constructing and extending its\ninitial sewer and drainage system, or by constructing or extending new sewerage\nand drainage systems and facilities, into areas of the county outside of the city of the\nfirst class and annexing the areas to be served by such new or expanded systems or\nfacilities to the district area, as provided in KRS 76.171.\n(3) The words \"incorporated area\" as used in this section do not mean or apply to any\nsanitation district organized under KRS Chapter 220.\n(4) The provisions of this section shall not apply in cases involving annexation by a city\nof the first class pursuant to KRS 81.300 to 81.360.","path":["KRS Chapter 76"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=43636","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:49:35Z","sha256":"4af030301e0e76e41baf2b8198607a3a025e8250ce0dfb328fcccb4e73232393","source_id":"us-ky","stale":false,"prev":"us-ky/krs-76.160","next":"us-ky/krs-76.171"},"notice":"GroundRules: Original legal text. Not legal advice."}