<br><br>74.120 Incorporated city may be included in district -- Consent -- Contract with <br>city. <br>(1) All or any part of an incorporated city may be included in the boundaries of any <br>existing water district or water district being newly organized, provided the <br>governing body of such city by resolution or ordinance gives, or has given, its <br>consent. Said consent may be limited to water, gas or sewage service, and the <br>authority of the water district to serve the area of the incorporated city shall be <br>limited by the exclusion of any type of service from the consent given. Any city <br>which has been included in the boundaries of a water district for ten (10) or more <br>years shall be deemed to have given its consent to the service, whether water, gas, <br>or sewage, which has been provided for such period. The acquisition by a water <br>district of an existing franchise for a water, gas, or sewage distribution system <br>within such a city, whether by purchase, assignment or otherwise, shall be deemed <br>to constitute the consent of the city which granted the franchise in the first instance, <br>but only for the purpose of operating the type of distribution system for which the <br>franchise was granted. <br>(2) The commission may contract with any city which is not included within the <br>boundaries of the district for the purpose of furnishing water, gas or sewage services <br>to the residents of such city and may contract with any city for the purpose of <br>obtaining water, gas or sewage services for the use of the district. <br>(3) When the commission shall contract with any city of the first five (5) classes in the <br>manner prescribed in this section, such city shall be deemed a part of the district <br>during the life of the contract, but only for the purpose of carrying out the <br>provisions of the contract. Nothing herein shall impair the ownership by the <br>contracting city of its own system, or empower the district to take any action not <br>authorized by the contract. <br>Effective: July 15, 1988 <br>History: Amended 1988 Ky. Acts ch. 104, sec. 1, effective July 15, 1988. -- Amended <br>1966 Ky. Acts ch. 170, sec. 2. -- Amended 1962 Ky. Acts ch. 218, sec. 2. -- <br>Amended 1954 Ky. Acts ch. 106, sec. 1. -- Amended 1952 Ky. Acts ch. 133, sec. 6; <br>and ch. 175, sec. 1. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, <br>1942, from Ky. Stat. sec. 938g-24. <br><br>