2011 Kentucky Revised Statutes CHAPTER 65 GENERAL PROVISIONS APPLICABLE TO COUNTIES, CITIES, AND OTHER LOCAL UNITS 65.8923 Acquisition of appropriate sites, facilities, and funding.
KY Rev Stat § 65.8923 (1996 through Reg Sess) What's This?
65.8923 Acquisition of appropriate sites, facilities, and funding.
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For the purpose of acquiring all or part of the facilities necessary to collect,
transport, and treat wastewater, the commission may purchase facilities and
equipment from member entities and others for mutually agreed upon terms not to
exceed the actual value of the facilities and equipment. Notwithstanding any
provision of law to the contrary, a member entity of the commission or other entity
may convey ownership of the facility or equipment to the commission without an
election or voter approval.
If a member entity has any outstanding debt obligation related to any facility or
equipment proposed to be acquired by the commission, the commission may either
make sufficient purchase payment to the owner to cover debt obligations or assume
the debt obligations in its name pursuant to a sales agreement and any other
instruments deemed appropriate by legal counsel. If the commission makes cash
payment to the owner for the equipment or facility, it shall be a condition of sale
that any outstanding debt obligation associated with the equipment or facility be
retired by the owner at the time of sale.
The commission may secure funding from state and federal grants and loan
programs, nonprofit associations, and private lending institutions and may issue
revenue bonds to acquire, construct, improve, or extend facilities for the collection,
transportation, or treatment of wastewater. Loans and bonds shall be payable solely
from the revenues derived pursuant to contracts for wastewater collection,
transportation, and treatment services with member entities or other entities.
For the purpose of securing appropriate sites, facilities, and required funding, the
commission shall be vested with all the powers, duties, and responsibilities as
delegated and granted to a governmental agency under the terms and provisions of
KRS 58.010 to 58.190 and KRS Chapter 224A.
A commission shall not assume responsibility for payment of any fines or penalties
incurred by a member entity or other party and owed at the time of formation of a
commission or contracting with that party, as a result of an agreed order,
enforcement action, or other resolution of alleged violation of any provision of the
Clean Water Act.
Effective: June 8, 2011
History: Created 2011 Ky. Acts ch. 98, sec. 12, effective June 8, 2011.
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