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2009 Kentucky Attorney General Reports and Opinions 1 (2009)

handle is hein.sag/sagky0033 and id is 1 raw text is: OAG 09-001

Subject:

Requested by:
Written by:
Syllabus:
Statute construed:

March 10, 2009
Whether a county board of education can constitutionally
pay a privilege fee for connecting to a public sewer system
Edward W. Gardner, Esq.
Department of Law
Lexington-Fayette Urban County Government
James M. Herrick
Assistant Attorney General
A privilege fee to fund construction of a sewer system is a
public school purpose if it bears a rational relationship to
the value of the services provided to the public schools. A
fee based on usage and acreage meets this standard because
it is proportional to the services provided.
KRS 67A.887

Constitutional
provisions construed: KY. CONST. §§ 180, 184, 186

OAG's cited:

OAG 00-2, OAG 92-63

Opinion of the Attorney General
Edward W. Gardner of the Lexington-Fayette Urban County Government
(LFUCG) Department of Law has inquired as to whether the Fayette County
Board of Education (Board) can lawfully pay a privilege fee to the LFUCG for
connecting to the public sanitary sewer system. It is our opinion that under the

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