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67A.871 Definitions for KRS 67A.872 to 67A.894.
As used in KRS 67A.872 to 67A.894, the following words or terms shall have the
respective meanings indicated, unless a different meaning is clearly indicated by the
context:
(1) "Assessed value basis" means the plan for the levying of improvement benefit
assessments upon benefited property for benefits conferred by construction of
projects on the basis of the assessed values (land only) of the benefited
property, whether such levies are paid in full by benefited property owners or
levied annually to amortize bonds. Such plan shall also include the levying of
identical improvement benefit assessments upon classified zones of benefited
property where determination is made by ordinance of an urban-county
government, as provided in KRS 67A.872 to 67A.894, that benefits conferred
by construction of a project are substantially equal and that the assessed value
(land only) of all benefited property or designated zones thereof shall therefore
be deemed equal in respect of a given wastewater collection project.
(2) "Benefited property, and property to be benefited" mean the property (land
only) proposed to be benefited by construction of a wastewater collection
project instituted by an urban-county government for the payment of the costs
of which improvement benefit assessments are to be levied against and
collected from such benefited property.
(3) "Bonds" mean improvement lien bonds authorized and issued by urban-county
governments pursuant to authority of KRS 67A.872 to 67A.894 for the purpose
of providing costs for the construction of wastewater collection projects.
(4) "Construction" means and includes, the following services and facilities
provided by an urban-county government:
(a) Preliminary planning to determine the economic and engineering
feasibility of construction of wastewater collection projects, any
engineering, architectural, legal, fiscal and economic investigations and
studies necessary thereto, and all necessary surveys, designs, plans,
working drawings, specifications, procedures and other required actions
incident to the construction of wastewater collection projects;
(b) The building, acquisition, installation, erection, alteration, remodeling,
improvements, expansion or extension of wastewater collection projects,
and any other physical devices or appurtenances in connection with, or
reasonably attendant to, such projects;
(c) The provision or making available sewer collection services to benefited
property by providing sewer facilities to such benefited property although
not directly financed by the issuance of bonds; and
(d) Inspection and supervision incident to the acquisition, construction and
installation of wastewater collection projects.
(5) "Costs" as such term shall be applied to any wastewater collection project
undertaken under KRS 67A.872 to 67A.894 includes the cost of labor,
materials and equipment necessary to acquire, install and complete the project
in a satisfactory manner, cost of land acquired, and every expense connected
with the project, including construction costs, preliminary and other surveys,
financial planning, inspections of the work as construction progresses,
engineers' fees and costs, preparation of plans and specifications, publication
of ordinances and notices, interest which will accrue on the bonds until the due
date of the first annual improvement assessment levied in connection
therewith, capitalized interest on the bonds for a period not to exceed three (3)
years, a sum equal to any discount in the sale of the bonds (if discount bids are
authorized and permitted by the issuing government), all or any portion of the
debt service reserve requirement, if determination is made to finance them
from bond proceeds, a reasonable allowance for unforeseen contingencies, the
printing of bonds and other costs of financing, including payment of attorneys'
fees, underwriting and fiscal agency fees, trustees' fees, rating service fees
and costs of issuance of bonds.
(6) "Debt service reserve requirement" means, with respect to any particular issue
of bonds, the maximum annual requirements for payment of principal of and
interest on the bond issue, which debt service reserve requirement shall be
either funded in whole or in part by application of bond proceeds, or accrued in
due course by the levying of improvement benefit assessments as provided in
KRS 67A.872 to 67A.894.
(7) "Government or urban-county government" means an urban-county
government which has been duly created and established pursuant to the
provisions of this chapter.
(8) "Ordinance" means a formal and binding enactment of the urban-county
council of an urban-county government entered in connection with the
financing by such government of a wastewater collection project.
(9) "Public ways" shall include streets, boulevards, avenues, roads, lanes, alleys,
parkways, courts, terraces and other courses of travel open to the general
public by whatsoever name designated.
(10) "Wastewater" means any water or liquid substance containing sewage,
industrial waste or other pollutants or contaminants derived from the prior use
of such water or liquid substance.
(11) "Wastewater collection project or projects" means all or any part of any
facilities, devices, objects and systems used and useful in the collection,
holding or transmission of wastewater from a benefited property to wastewater
treatment plants or other similar facilities for final disposition thereof. Such
terms shall include, without limiting the generality of the foregoing, sanitary
sewage collection lines, intercepting sewers, outfall sewers, sewer laterals,
power stations and pumping stations, and other equipment and their
appurtenances necessary to enable the project to fulfill its function, including
land acquisition, whether such project facilities are provided by funds derived
from issuance of bonds or otherwise provided by a government in any manner.
Effective:March 30, 1976
History: Created 1976 Ky. Acts ch. 371, sec. 1, effective March 30, 1976.
Legislative Research Commission Note. A technical correction has been made in
this section by the Reviser of Statutes pursuant to KRS 7.136.
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