2013 Kentucky Revised Statutes CHAPTER 65 - GENERAL PROVISIONS APPLICABLE TO COUNTIES, CITIES, AND OTHER LOCAL UNITS 65.8923 Acquisition of appropriate sites, facilities, and funding.
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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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