2011 Kentucky Revised Statutes CHAPTER 65 GENERAL PROVISIONS APPLICABLE TO COUNTIES, CITIES, AND OTHER LOCAL UNITS 65.942 Terms and conditions of leases -- Leasing for financing property purchases -- Sinking fund.
KY Rev Stat § 65.942 (1996 through Reg Sess) What's This?
65.942 Terms and conditions of leases -- Leasing for financing property purchases
-- Sinking fund.
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The governing body of a governmental agency may approve by ordinance, order, or
resolution and may execute, perform, and make payments under a lease with any
person, to acquire or construct personal property or real property for any public
purpose. The lease may be on the terms and conditions that are deemed appropriate
by the governing body. Leases may be payable in whole or in part from taxes and
may be obligations of the governmental agency for the entire term of the lease or for
a period that does not exceed one (1) year. Leases may contain an option or options
to renew or extend the term and may be made payable from a pledge of all or any
part of any revenues, funds, or taxes or any combination of any revenues, funds, or
taxes, which are available to the governmental agency for its public purposes.
A governmental agency may pledge any revenues or taxes as security for payment
under leases, and the leases may provide that the governmental agency may
terminate its obligations under the lease at the expiration of each year during the
term of the lease. A governmental agency may pledge any revenue or taxes as
security for payment under a lease regardless of any right to terminate. The lease
may provide for the payment of interest on the unpaid amount of the lease price at a
rate, rates, or method of determining rates and may contain prepayment provisions,
termination penalties, and other provisions determined by the governing body of the
governmental agency.
Prior to entering into a lease for the financing of the purchase of any personal
property or real property, a governmental agency shall comply with other provisions
of law regarding the purchase of property for public purposes. The lease shall be
deemed an instrument for financing and provisions of law regarding purchases of
property for public use shall not apply to the lease itself. Leases may be entered into
on a publicly advertised competitive basis or on a private negotiated basis without
advertisement.
A sinking fund prescribed by KRS 66.081 shall be established for the payment of
leases which are not annually renewable and which are payable in whole or in part
from taxes and lease payments under those leases shall be made from the sinking
fund.
Effective: July 15, 1996
History: Amended 1996 Ky. Acts ch. 280, sec. 29, effective July 15, 1996. -- Created
1990 Ky. Acts ch. 81, sec. 2, effective July 13, 1990.
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