{"data":{"id":"us-ky/krs-96.172","jurisdiction":"us-ky","citation":"KRS 96.172","heading":"Ordinance of city adopting provisions of KRS 96.171 to 96.188 for operation","body":"of combined electric and water plant -- Electric and water plant board --\nAppointment -- Qualifications -- Corporate powers -- Prohibition of nepotism -\n- Bond of board members -- Oath -- Term -- Removal.\n(1) Any municipality now or hereafter owning and operating an electric system and a\nwater system and operating them as one (1) combined system or plant may elect to\noperate such systems as an electric and water plant under the  provisions of KRS\n96.171 to 96.188 by enacting an ordinance declaring therein the desire and intention\nof the municipality to accept and operate its electric and water system or plant under\nthe provisions of KRS 96.171 to 96.188 and by providing in said o rdinance that the\nmunicipality accepts and agrees to all of the provisions of KRS 96.171 to 96.188.\nThe ordinance shall further authorize the mayor or chief executive to appoint a\nboard, subject to the approval of the appointments by the governing body of the\nmunicipality. Upon the passage of such ordinance the mayor or chief executive of\nany such municipality shall, with the approval of the governing body of the\nmunicipality, appoint a board of public utilities, consisting of five (5) citizens,\ntaxpayers, voters, and users of electric energy or water. Said board shall be\nappointed and qualified before the municipality shall have any authority to proceed\nfurther under the provisions of KRS 96.171 to 96.188. Said board, when so\nappointed and qualified, shall be and hereby is declared to be a body -politic and\ncorporate, with perpetual succession; and said board may contract and be contracted\nwith, sue and be sued, in and by its corporate name, and have and use a corporate\nseal. The name of the board shall be \"E lectric and Water Plant Board of the City of\n____________, Kentucky.\"\n(2) No person shall be appointed a member of the board who has, within two (2) years\nnext before his appointment, held any public office, or who is related within the\nthird degree to the mayor or any member of the governing body of the municipality.\n(3) Neither the board, nor the superintendent appointed by the board as provided in\nKRS 96.176, shall appoint to any subordinate office which it may create, nor\nemploy in any capacity any pers on who is related within the third degree to any\nmember of the board or to the superintendent or to the mayor of said municipality or\nto any member of the governing body of the municipality. No officer or employee of\na municipality shall be eligible for su ch appointment until at least one (1) year after\nthe expiration of the term of his office or employment.\n(4) The members of the board shall be citizens, taxpayers, voters, and users of electric\nenergy or water, and shall not at the time of their appointmen t be indebted to the\nmunicipality either directly or indirectly or be surety on the official bond of any\nofficer of said municipality.\n(5) If at any time during his term of office a member of the board becomes a candidate\nfor or is elected or appointed to any public office, he shall automatically vacate his\nmembership from the board, and another person shall be appointed to his place.\n(6) Each member of said board shall execute bond, in an amount required by the\ngoverning body of the municipality by resolut ion or ordinance, conditioned upon\nthe faithful performance of their official duties. The surety on said bonds shall be a\nsurety company qualified to do business in Kentucky. The cost of said bonds shall\nbe charged as an operating expense and paid by the board.\n(7) Each member of the board shall qualify by taking the oath required by Section 228\nof the Constitution.\n(8) The original appointees shall serve two (2) for one (1) year, one (1) for two (2)\nyears, one (1) for three (3) years and one (1) for four ( 4) years, respectively, from\nthe date of their appointment, as the said mayor or chief executive officer of the\nmunicipality shall designate. Successors to retiring members so appointed shall be\nappointed for a term of four (4) years in the same manner, pr ior to the expiration of\nthe term of office of the retiring members. Appointments to complete unexpired\nterms shall be made in the same manner as original appointments.\n(9) Any member of the board may be removed from office upon a vote of a majority of\nthe members of the governing body of the municipality for inefficiency, neglect of\nduty, misfeasance, nonfeasance, or malfeasance in office.","path":["KRS Chapter 96"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=43742","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:49:57Z","sha256":"5baa1fe212da0c8a014898db473e954f283413cc1eed48dada76ed86a217e412","source_id":"us-ky","stale":false,"prev":"us-ky/krs-96.171","next":"us-ky/krs-96.173"},"notice":"GroundRules: Original legal text. Not legal advice."}