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224A.180 Enforcement powers of authority in the event of default.
(1)
(2)
(3)
(4)
(5)
In order to protect the public health, safety, and welfare, and in order to assure
the prompt and necessary payment to the authority of all monetary
requirements arising from assistance agreements entered into by and between
the authority and the governmental agencies, and thereby assure the financial
integrity of the authority, and the prompt payment of principal of and interest on
revenue bonds and notes issued by the authority, the authority is specifically
authorized, if any governmental agency which is a party to an assistance
agreement fails to promptly and duly perform all of the terms and conditions of
the assistance agreement, to directly impose, in the authority's name and for
the authority's benefit, service charges upon all users of the eligible project
constructed pursuant to such assistance agreement, and to proceed to directly
enforce and collect such service charges, together with all necessary costs of
the enforcement and collection, in the name of the authority and for the benefit
of the authority.
In addition to the powers conferred by subsection (1) of this section, the
authority may, upon the occurrence of any event of default by such
governmental agencies, mandatorily require the owner, tenant, or occupant of
each and every lot or parcel of land which abuts upon a street or other public
way containing a sanitary sewer or drinking water facility, and upon which lot or
parcel of land an improvement exists for residential, commercial, or industrial
use, or where a sanitary sewer or drinking water facility is reasonably available
to serve such improved lot or parcel of land, to forthwith connect such
improvement to the sanitary sewer or drinking water facility and to cease to use
any other means for the disposal of sewage, sewage waste, or other pollutants.
In the implementation of its enforcement authority, the authority shall have and
possess all of the powers of incorporated municipalities which are granted by
KRS 96.930 to 96.943, providing for the termination of water services to any
premises where the bill for sewer services is delinquent.
The authority is further expressly authorized and empowered by suit, action,
mandamus, or other proceedings, to compel performance by governmental
agencies of all of the terms and conditions of assistance agreements,
including, inter alia, the adjustment and increase of service charges as required
to meet the needs of any assistance agreement, and the enforcement and
collection of such service charges.
In addition to the powers conferred by subsection (1) of this section, the
authority may upon the occurrence of any event of default by such
governmental agency, and without the consent of the governmental agency,
place a system in receivership.
Effective:July 15, 1994
History: Amended 1994 Ky. Acts ch. 373, sec. 12, effective July 15, 1994. -Amended 1988 Ky. Acts ch. 124, sec. 14, effective March 31, 1988. -- Created
1972 Ky. Acts ch. 329, sec. 18.
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