(A) In accordance with KRS 67.715(2), the County Fiscal Court grants approval to the County Judge-Executive to create the County Environmental Authority and to combine the rights and responsibilities of the county sewer district and the county stormwater management district, and transfer these rights and responsibilities to the new Environmental Authority, effective 30 days after passage of the ordinance that enacted this section. Nothing within this section shall be construed to expand or contract the authorities delegated to the respective sewer or stormwater districts under duly promulgated acts of Fiscal Court; however, the Fiscal Court explicitly vests to the Environmental Authority all administrative authority, rights and duties associated with the exercise of the authority, rights and duties of the sewer and stormwater districts.
(B) The combined district shall have those authorities, rights and responsibilities as originally granted by the Fiscal Court to each district by ordinance cited above as well any amendments thereto, and the combined district shall have the same purposes as are set out in KRS Chapter 220.030(1-6), and as set out in those ordinances heretofore referenced.
(C) The combined district shall be known as the County Environmental Authority.
(D) Those individuals serving as Commissioners on the respective Board of Commissioners of the sewer district and the stormwater management district at the time of passage of this section may continue to serve as Commissioners of the combined district for the duration of their term. When a member’s term expires or a vacancy occurs for other reason, no appointment to the Board of Commissioners shall be made by the County Judge-Executive until the total number of members serving is three, which number shall be the full complement of membership on the Board of Commissioners of the combined district. Subsequently, upon expiration of a member’s term or when a vacancy occurs for other reason, the County Judge-Executive shall appoint a qualified individual to serve, subject to approval by the Fiscal Court. In the first meeting of the Board of Commissioners after passage of this section, the members shall elect a Chair, Vice-Chair and Secretary-Treasurer, and shall undertake all other duties as required by law for the establishment of the new district.
(E) All service district boundaries, planning areas and political boundaries, all administrative and managerial actions taken, all rules, regulations, policies and procedures established, all rates, fees and charges established, all contracts and agreements entered and all resultant obligations including all fiduciary obligations incurred by and in the name of the county sewer district since its creation, together with all territorial authority, all administrative and managerial actions taken, all rules, regulations, policies and procedures established, all fees, rates and charges established, all contracts and agreements entered and all resultant obligations including all fiduciary obligations incurred by and in the name of the county stormwater management district since its creation shall be assumed by, continue and remain in force in the name of the County Environmental Authority until and at which time the Board of Commissioners may make changes thereto, as it deems necessary and appropriate to benefit the citizens served by the new district.
(F) Any and all revenues generated from sewer related rates, charges, fees or from any other source shall be deposited and maintained in a separate account from any and all revenues generated from stormwater related rates, charges, fees or from any other source, which funds also shall be deposited and maintained in a separate account. The Board of Commissioners shall review the status of each account at least monthly. All transactions in each account shall be audited and reported separately each year by an independent CPA properly procured for these services. Copies of the annual audit reports and associated management letters for sewer services and for stormwater services shall be provided to all Commissioners as well as the County Judge-Executive and members of the Fiscal Court annually as provided under the applicable state statutes for the reporting of special district finances.
(G) Within 30 days of the effective date of this section, the County Environmental Authority shall make full inventory, take possession and exercise due diligence in the care of all real property including facilities and equipment together with all records, plans, documents, files and other items presently owned or controlled by the county sewer district or the county stormwater management district.
(H) The County Environmental Authority shall give proper and timely notice of the combining of the districts to all citizen-consumers of the districts, individuals or corporations under contract or agreement with either district as well as all appropriate local, regional, state and federal agencies that are presently or can be reasonably expected to become engaged with the district as regards environmental regulations, local and regional planning and procurement of facility funding assistance.
(I) The Commissioners of the County Environmental Authority shall meet with the Fiscal Court at any time upon the request of the County Judge-Executive. Additionally, the Commissioners shall schedule with the County Judge-Executive to attend a Fiscal Court meeting in February each year, at which time the district shall present a comprehensive report on progress relating to its purposes as set out in KRS Chapter 220.030 and other applicable statute, laws and regulations.
(Ord. 96-830-26, passed - -; Ord. KOC 08-220-783, passed 12-1-2008; Ord. KOC 08-150-779, passed 8-6-2008; Ord. KOC 10-820-907, passed 9-21-2010; Ord. KOC 10-830-910, passed 11-2-2010)