{"data":{"id":"us-ky/krs-96.570","jurisdiction":"us-ky","citation":"KRS 96.570","heading":"Powers of boards for municipal electric plants.","body":"Except as otherwise specifically provided in KRS 96.550 to 96.900, the board of the\nmunicipality shall exercise all powers conferred upon the municipality by KRS 96.550 to\n96.900. Any board operating under the provisions of KRS 96.550 to 96.900 shall have the\nlegal power and capacity to perform any act not repugnant to law and shall have the\nexpress power and capacity to do any and all acts or things necessary or convenient for\nthe carrying out of the purposes of KRS 96.550 to 96.900, including, but not by way of\nlimitation, the following express powers:\n(1) Acquire, hold and dispose of property, real and personal, tangible and intangible,\nnecessary or incident to the proper conduct of its business.\n(2) Construct, acquire, own, lease, operate, maintain and i mprove electric plant or\nplants as defined in KRS 96.550, and may provide electric service to any user or\nconsumer within and without the boundaries of any municipality, and charge and\ncollect reasonable rates therefor.\n(3) Construct, acquire, own, lease, operate, maintain and improve distribution or\ntransmission line or lines, or generating plant or plants, together with all necessary\nand appropriate facilities, equipment and appurtenances, individually or jointly with\nany other municipality or rural elect ric cooperative corporation organized under the\nlaws of Kentucky for the purpose of generating, distributing, or transmitting electric\npower or energy and connecting their respective electric plants with a wholesale\nsource of supply, and in the case of any  such joint action, such municipalities and\nrural electric cooperative corporations may provide by contract for the method of\nholding title, for the allocation of responsibility, for operation and maintenance and\nfor the allocation of expenses and revenues.\n(4) Construct, own, lease, operate and control any and all works, lines, buildings and\nother facilities across, along, or under any street or public highway, and over any\nlands which are now or may be the property of the Commonwealth or of any county\nor municipality within this Commonwealth. The board shall, however, at its own\nexpense, restore any such street or highway to its former condition and state as\nnearly as may be possible and shall not use the same in a manner as to impair its\nusefulness or to interfere with or obstruct the maintenance thereof. Before\nexercising these powers the board shall obtain a permit or consent or approval in\nwriting from the governing authority of the municipality, or the fiscal court, or the\nDepartment of Highways having  appropriate jurisdiction over any and all of such\nrespective streets or public highways.\n(5) Accept gifts, grants of property, real or personal, including money, from any person,\nmunicipality, or federal agency, or both, and to accept voluntary and uncompensated\nservices; provided, however, that when engineering services are required by any\nmunicipality or any board or any appraisers or board of appraisers, appointed\npursuant to the provisions of KRS 96.550 to 96.900 to render any services\nauthorized or re quired or incident to surveys, plans, estimates of cost, or the\nvaluation of property, or in the preparation of reports authorized by KRS 96.550 to\n96.900, no engineer who is engaged in whole or in part in the business of buying or\nselling any electric equ ipment, machinery, fixtures, materials, supplies, or the sale\nor purchase of bonds shall be eligible for employment or for any services\nwhatsoever under the provisions of KRS 96.550 to 96.900. The limitations\nhereinabove provided shall also apply to any fi rm of engineers and to any member\nof any firm of engineers, if the firm or member of the firm is engaged in whole or in\npart in the business of buying or selling any electric machinery, equipment, fixtures,\nmaterials, supplies, or the sale or purchase of bonds; and no such firm or member of\nsuch firm shall be eligible for employment or for any service whatsoever under the\nprovisions of KRS 96.550 to 96.900. Provided, further, that the provisions of this\nsection shall not be construed to prohibit the board or the governing authority of any\nmunicipality from obtaining the advice or services of any engineer in the regular\nemployment of the state or any federal governmental agency.\n(6) Contract debts and borrow money for the acquisition or improvement of any electric\nplant, issue bonds to finance such acquisition or improvement, provide for the rights\nof holders of the bonds and to secure the bonds as hereinafter provided, and pledge\nall or any of the net revenues derived from electric service to the payment of s uch\ndebts or repayment of money borrowed.\n(7) Acquire, hold, and, subject to the provisions of KRS 96.860 and the applicable\nprovisions of any bonds or contracts, dispose of any property, real or personal,\ntangible or intangible, or any right or interest i n any such property in connection\nwith any electric plant, and whether or not subject to mortgages, liens, charges, or\nother encumbrances.\n(8) Make contracts and execute instruments containing such covenants, terms, and\nconditions as in the discretion of t he board may be necessary, proper, or advisable\nfor the purpose of obtaining loans from any source, or grants, loans or other\nfinancial assistance from any governmental agency, including, but without\nlimitation, covenants, terms, and conditions with respec t to the acquisition or\nconstruction of any electric plant or any improvement thereto with money in whole\nor in part borrowed from or granted by any governmental agency; make all other\ncontracts and execute all other instruments as in the discretion of the  board may be\nadvisable in or for the furtherance of the acquisition, improvement, operation and\nmaintenance of any electric plant and the furnishing of electric service; and carry\nout and perform the covenants, terms, and conditions of all such contracts or\ninstruments.\n(9) Enter on any lands, waters and premises for the purpose of making surveys,\nsoundings and examinations in connection with the acquisition, improvement,\noperation or maintenance of any electric plant and the furnishing of electric service.\n(10) Do all acts and things necessary or convenient to carry out the powers expressly\ngiven in KRS 96.550 to 96.900.\n(11) Make any contracts necessary or convenient for the full exercise of the powers\nherein granted, including, but not limited to, contracts for either the purchase or sale\nor both the purchase and sale of electric energy or power, and contracts for the\nacquisition or improvement of all or any part of an electric plant; and, in connection\nwith any such contract with a governmental agency, t he board may stipulate and\nagree to such covenants, terms, and conditions as the governing body deems\nappropriate, including, but without limitation, covenants, terms, and conditions with\nrespect to the resale rates, financial and accounting methods and th e manner of\ndisposing of the revenue of the electric plant conducted and operated by the board,\nexcept that the board shall not have power to contract with the Tennessee Valley\nAuthority or any other governmental agency for the purchase and resale of elect ric\nenergy or power unless the contract shall provide that the resale rates of the board\nfor electric service or electric energy shall be sufficient to cover all operating\nexpenses, interest charges, and bond payments, other expenses, and payments to the\nstate, any county, any school district, any municipality, and any other special taxing\ndistrict in which the board operates, of amounts determined as provided in KRS\n96.820; nor unless such contract provides that the payments to such taxing\njurisdictions be made to them as hereinafter prescribed.\n(12) Acquire a franchise to furnish electric service to any other municipality or county or\nthe inhabitants thereof, and to contract with any other municipality or county to\nfurnish it with electric service. Such co ntracts may be entered into by the governing\nbodies of the other cities or county.","path":["KRS Chapter 96"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=26263","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:49:58Z","sha256":"42060b19fece41382768efc1371849d66c1ac7b6be2c213c82c0716f15444d5d","source_id":"us-ky","stale":false,"prev":"us-ky/krs-96.560","next":"us-ky/krs-96.580"},"notice":"GroundRules: Original legal text. Not legal advice."}