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107.710 Definitions.
As used in KRS 107.720 to 107.760, unless the context otherwise requires:
(1) "Agreement" means a short-term agreement or a long-term agreement;
(2) "Bonds" means industrial revenue bonds issued by a city, county or
urban-county pursuant to KRS 103.200 et seq.;
(3) "Cost" means with respect to any privatization project or facility related thereto:
(a) All costs of designing, planning, acquiring, constructing, reconstructing,
modifying, improving, maintaining, equipping, extending, furnishing and
placing in service any privatization project, including architectural,
planning, engineering, legal and fiscal advisors' fees or costs and any
costs incident to the acquisition of any necessary property, easement of
right-of-way;
(b) Any costs incurred for preliminary planning to determine the economic or
engineering feasibility of a proposed privatization project, including,
without limitation, costs of economic investigations and studies, surveys,
preparation of designs, plans, working drawings, specifications and
inspection and supervision of the construction of any facility;
(c) All costs incident to the purchase, installation, or financing of equipment,
machinery, and other personal property required by a privatization project;
(d) All costs incident to the authorization and issuance of bonds, including
accountants' fees, attorneys' fees, financial advisors' fees, underwriting
fees (including bond discount) and other professional services and
printing costs;
(e) All costs incident to the establishment and funding of appropriate reserve
funds; and
(f) Interest estimated to accrue on any bonds issued to finance a
privatization project for a reasonable time prior to construction, during
construction and for a reasonable period of time after construction;
(4) "Drinking water project" means any work or facility necessary or desirable to
provide water for human consumption and other domestic uses, including
collection, treatment, storage, distribution facilities, and any related structures
and facilities;
(5) "Facility" means any structure, building, machinery, system, land, water right,
or other property necessary or desirable to provide the services contemplated
by a privatization project, including, without limitation, all related and
appurtenant easements and rights-of-way, improvements, utilities, landscaping,
sidewalks, roads, curbs and gutters, and equipment and furnishings;
(6) "Governing authority" means the persons, board, body or entity in which the
legislative powers of a political subdivision are vested;
(7) "Legislative body" means the board or body in which the general legislative
powers of a city, county or urban-county are vested;
(8) "Long-term agreement" means an agreement or contract having a term of
more than five (5) years and less than fifty (50) years;
(9) "Political subdivision" means the state or any city, county, urban-county,
improvement district, water conservancy district, special district, special taxing
(10)
(11)
(12)
(13)
(14)
(15)
district, drainage district, metropolitan water district, irrigation district, separate
legal or administrative entity constituting a political subdivision under the laws
of the state;
"Private owner or private owner/operator" means a person or entity that is not a
political subdivision and which owns or owns and operates a privatization
project;
"Privatization project" means all or part of any drinking water, water, or
wastewater project which is owned or operated by a private owner or private
owner/operator, and provides the related services to political subdivisions;
"Short-term agreement" means any contract or agreement having a term of five
(5) years or less;
"Wastewater project" means sewage collection systems and treatment plants,
including, without limitations, intercepting sewers, outfall sewers, force mains,
pumping stations, instrumentation and control systems, and other
appurtenances necessary or useful for the collection, removal, reduction,
treatment, purification, disposal, and handling of liquid and solid waste, sewage
and industrial waste and refuse;
"Water project" means any work or facility necessary or desirable to conserve,
develop, protect, or treat the waters of this state including, without limitation,
any reservoir, diversion dam, irrigation dam and system, culinary water system,
water work, water treatment facility, canal, ditch, artesian well, aqueduct,
pipeline, conduit, drain, tunnel, and related structures and facilities; and
"Waters of this state" means any stream, lake, pond, marsh, watercourse,
waterway, well, spring, irrigation system, drainage system, or other body or
accumulation of water, whether surface, underground, natural, artificial, public
or private, or other water resource of the state which is contained within or
flows in or through the state.
Effective:July 15, 1986
History: Created 1986 Ky. Acts ch. 456, sec. 2, effective July 15, 1986.
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