224A.180 Enforcement powers of authority in the event of default.
443 words·~2 min read·
/ky/chapter-224a/224a-180A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)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.
(2)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.
(3)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.
(4)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.
(5)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.