{"data":{"id":"us-ky/krs-96.640","jurisdiction":"us-ky","citation":"KRS 96.640","heading":"Election by voters on question of constructing, purchasing, or condemning","body":"electric plant, or issuing bonds therefor.\n(1) Before any municipality shall have authority to (a) construct or cause to be\nconstructed an electric plant, (b) acquire an electric  plant by purchase, (c) institute\ncondemnation proceedings for acquiring by eminent domain an electric plant, or (d)\nissue revenue bonds for the construction, purchase, or acquisition of an electric\nplant, the question shall be submitted to the qualified v oters of the municipality as\nhereinafter in this section provided.\n(2) Before any municipality shall be authorized or empowered to purchase or establish\nand thereafter operate an electric plant, or to issue bonds therefor, the legislative\nbody of such muni cipality shall pass an ordinance declaring it desirable that the\nmunicipality shall purchase or construct and operate a municipal electric plant, and\nif it is proposed to construct such electric plant, the board shall cause an engineer or\nengineers duly qu alified and licensed under the laws of this Commonwealth (a) to\nprepare the necessary and proper plans and specifications for the construction of the\nelectric plant, (b) select the location therefor, (c) determine the size, type and\nmethod of construction thereof, (d) make the necessary estimates of the cost of\nconstruction and of the acquisition of the land and rights of way, and (e) a survey of\nall lands, structures, rights of way, franchises and easements, the acquisition of\nwhich is deemed necessary by said engineers and the board for the construction and\noperation of such municipal electric plant, all of which shall be approved by the\nboard; and, Provided further, That the question of whether or not revenue bonds\nshall be issued to provide for the payme nt of the cost thereof shall be submitted to\nthe qualified voters of such municipality at the next regular November election to be\nheld in said municipality if the ordinance is certified to the county clerk not later\nthan the second Tuesday in August prece ding the next regular election. The mayor\nshall certify such ordinance to the county clerk, who shall have prepared to be\nplaced before the voters in the general November election, the question: \"Are you in\nfavor of the city constructing and operating a mu nicipal electric plant in accordance\nwith the plans and specifications adopted by the Electric Plant Board of _________\n(here insert name of municipality) and the issuance of revenue bonds in the\nmaximum amount of $_______ (here insert maximum total face a mount of bonds\nestimated by the board to be necessary to pay the cost of such plant, based upon the\nestimate hereinabove provided).\" The voters shall respond to the question by voting\n\"Yes\" or \"No\".\n(3) The mayor of such municipality shall advertise such e lection and the object thereof\nby publication pursuant to KRS Chapter 424, and also by printed handbills posted in\nnot less than four (4) conspicuous places in each voting precinct in the municipality\nand at the courthouse door. All legal voters of such mu nicipality shall be privileged\nto vote at such election. The city shall have no authority to construct a municipal\nelectric plant, or to issue revenue bonds unless a majority of all the qualified voters\nvoting in said election on this question vote in favor thereof.\n(4) Any contract of a municipality for the purchase of an electric plant shall be\nconditioned upon the approval of the qualified voters of the municipality at an\nelection held at the time and in the manner provided in subsections (2) and (3) of\nthis section, except that the clerk shall have prepared to be placed before the voters\nthe following question: \"Are you in favor of the City of ________ purchasing from\n_________ (insert the name of owner or owners) an electric plant at the price of\n$_________ (herein insert the amount of the agreed purchase price) and the\nissuance of revenue bonds in the amount of $_______ (herein insert total face\namount of bonds required to pay the agreed purchase price).\" The voters shall\nrespond to the question by voting \"Yes\" or \"No\".\n(5) Before any municipality shall be authorized or empowered to institute\ncondemnation or eminent domain proceedings to acquire an electric plant, the\nlegislative body of such city shall pass an ordinance declaring it desirable that the\nmunicipality shall acquire by condemnation an electric plant, and shall describe in\nthe ordinance the property which it deems necessary to be acquired, and there shall\nbe submitted, in the manner provided in subsections (2) and (3) of this section, to\nthe qualified voters of the municipality at the next regular November election, the\nfollowing question: \"Are you in favor of the City of _________ (here insert name of\ncity) acquiring an electric plant by the exercise of the power of eminent domain and\nthe issuance of revenue bonds in an amount sufficient to pay the entire damages and\ncosts of such acquisition.\" The voters shall respond to the question by voting \"Yes\"\nor \"No\".\n(6) No municipality or board shall have authority to purchase, construct, or acquire, or\nto institute condemnation proceedings for acquiring an electric plant, or to issue\nrevenue bonds or other obligations or evidences of indebtedness for the payment of\nthe costs thereof unless a majority of all the qualified voters voting in said election\non the question vote in favor thereof. Elections held pursuant to the provisions of\nKRS 96.550 to 96.900 shall be governed by the laws of this state relative to\nelections to the extent that such laws are not inconsistent herewith.","path":["KRS Chapter 96"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=26270","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:49:58Z","sha256":"7f324eb3a45c0f0fd1de27ba13dc7ca9ef17ca63300ab1f4ee7f7391b98b9c22","source_id":"us-ky","stale":false,"prev":"us-ky/krs-96.630","next":"us-ky/krs-96.650"},"notice":"GroundRules: Original legal text. Not legal advice."}