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107.720 Privatization contracts -- Notice -- Hearing -- Competitive bidding -Assignment of contract.
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Any political subdivision may enter into a privatization contract with a private
owner or private owner/operator to accomplish the transfer of any political
subdivision owned drinking water, water or wastewater project or the designing,
construction, operation, maintenance, financing of cost or any combination
thereof, of a drinking water, water or wastewater project pursuant to the
provisions of KRS 107.720 to 107.760.
Prior to a political subdivision entering into a privatization contract pertaining to
its drinking water, water or wastewater project, or any portion thereof, the
governing authority shall cause notice of its intention to adopt an ordinance to
accomplish such privatization to be published pursuant to KRS Chapter 424.
The notice shall set forth a brief summary of the privatization contract
provisions, and set a time and place for a public hearing to be conducted by
the executive authority of the political subdivision. The notice shall be
published each week for a period of two (2) weeks, the first publication being
not less than thirty (30) days prior to the adoption of the ordinance approving
the execution of the privatization contract. The hearing may be held in
conjunction with any hearing on the question of issuing bonds to finance the
cost of the privatization project, or on the question of adoption of the service
agreement, or any other question. A copy of the proposed privatization contract
shall be filed as a public record with the clerk of the political subdivision not
less than thirty (30) days prior to the adoption of the aforesaid ordinance.
Notwithstanding whether the political subdivision has adopted the provisions of
KRS 45A.345 to 45A.460, the privatization contract, the service agreement or
any other purchase by the local government in connection with a privatization
contract under KRS 107.720 to 107.760 may be made or awarded by
competitive bidding, competitive negotiation, or negotiation.
The privatization contract or the service agreement may be assigned by either
party to secure the performance of any obligation in connection with the
financing of construction or operation of a drinking water, water or wastewater
project.
Effective:July 15, 1986
History: Created 1986 Ky. Acts ch. 456, sec. 3, effective July 15, 1986.
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