107.710 Definitions.
676 words·~3 min read·
/ky/chapter-107/107-710A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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
district, drainage district, metropolitan water district, irrigation district, separate
legal or administrative entity constituting a political subdivision under the laws of
the state;
(10)"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;
(11)"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;
(12)"Short-term agreement" means any contract or agreement having a term of five
years or less;
(13)"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;
(14)"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
(15)"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.