65.7063 Requirements for local participation agreements -- Pledge of incremental
447 words·~2 min read·
/ky/65-7063A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
revenues superior to other pledges of revenues.
(1)A local participation agreement shall be executed among the agencies and taxing
districts involved in administering or providing financing or pledging incremental
revenues to support the implementation of a development plan in a development
area. The local participation agreement shall be adopted by a city or county by
ordinance and by any other taxing authority or agency by resolution, and shall
include but not be limited to the following provisions:
(a)Identification of the parties to the local participation agreement and the duties
and responsibilities of each entity under the agreement;
(b)Specific identification of the incremental revenues released or pledged, or
wage assessments pledged by type of tax by each taxing district;
(c)The anticipated benefit to be received by each taxing district for the release or
pledge, including:
1. A detailed summary of old revenues collected and projected new
revenues for each taxing district on an annual basis for the term of the
local participation agreement; and
2. The maximum amount of incremental revenue to be paid by each taxing
district and the maximum number of years the payment will be effective;
(d)A detailed description of the development area, including a legal description
of the parcels included in the development area;
(e)A description of each proposed project that is the subject of a local
participation agreement, including an estimate of the costs of construction,
acquisition, and development;
(f)A requirement that pledged incremental revenues will be deposited in a
special fund established pursuant to KRS 65.7061, including the timing and
procedure for depositing incremental revenues and other pledged amounts into
the special fund;
(g)Terms of default and remedies, provided that no remedy shall permit the
withholding by any party to the local participation agreement of any
incremental revenues pledged to the special fund if increment bonds are
outstanding that are secured by a pledge of those incremental revenues;
(h)The commencement date, activation date, and termination date; and
(i)Any other provisions not inconsistent with KRS 65.7041 to 65.7083 deemed
necessary or appropriate by the parties to the agreement.
(2)Any pledge of incremental revenues in a local participation agreement shall be
superior to any other pledge of revenues for any other purpose and shall, from the
activation date to the termination date set forth in the local participation agreement,
supersede any statute, ordinance, or resolution regarding the application or use of
incremental revenues. An ordinance in conflict with a local participation agreement
shall not be adopted while any increment bonds secured by that pledge remain
outstanding. Ordinances or resolutions pledging incremental revenues on a subordinate basis to any existing pledges may be adopted.