KRS § 224A.070 — KY Code / Title XVIII / Chapter 224A / Section 224A.070
224A.070 Powers
Status: in_force

224A.070 Powers.

The authority may carry out and perform the following essential governmental functions

of statewide import and concern:

(1) To promulgate administrative regulations and adopt bylaws for the regulation of its

affairs and the conduct of its business, which shall define with specificity conditions

precedent under which applications for loans or grants may be made and the order

of priority upon which applications shall be acted upon;

(2) To retain an executive director, who shall be experienced and knowledgeable in the

fields in which the authority may act, together with other employees, including for

example only, engineers, accountants, and attorneys, necessary and appropriate to

enable the authority to fulfill its duties, functions, and responsibilities;

(3) To adopt a corporate seal;

(4) To sue and be sued in its own name and to have the right, power, and authority to

enforce its obligations and covenants made pursuant to the provisions of this

chapter;

(5) To levy a tax on every purchase of water service and sewer service in the state, such

tax to be equal to not more than two percent (2%) of the gross amount of the bill for

water services rendered;

(6) To approve or reject applications made to the authority for loans or grants;

(7) To lease an infrastructure project or make loans or grants to or purchase or refinance

obligations of any governmental agency for the purpose of assisting the

governmental agency in the construction of an infrastructure project. A lease, loan,

or grant shall be in accordance with the terms and conditions of an assistance

agreement by and between the authority and the governmental agency, which shall

include the provisions and conditions specified in KRS 224A.100, and such other

reasonable terms and conditions as the authority shall determine;

(8) Without reference to the provisions of KRS Chapter 56, to acquire and hold in the

name of the authority, by the exercise of the power of eminent domain pursuant to

the Eminent Domain Act of Kentucky, the real property or rights therein, including

rights-of-way, easements and licenses, and the personal property reasonably deemed

necessary to effectuate the development, implementation, financing, and

construction or acquisition of any infrastructure project, and to make the properties

available to a governmental agency in connection with an infrastructure project;

(9) To receive service charges from governmental agencies which have entered into

assistance agreements with the authority, in accordance with the terms and

conditions of the assistance agreements, and to use and employ the service charges

in accordance with the provisions of this chapter, the service charges to constitute

authority revenues;

(10) To enter into and enforce assistance agreements made and entered into with

governmental agencies by suit, action, mandamus or other proceedings, including

the obtaining by judicial decree of the appointment of a receiver to administer

infrastructure projects financed by leases, loans or grants which have been

undertaken by governmental agencies;

(11) To enter into any necessary or required agreement with federal or state agencies or

persons to carry out the provisions of this chapter;

(12) To bid at a competitive public sale of obligations of a governmental agency or

negotiate the purchase or sale of obligations of a governmental agency,

notwithstanding any other law to the contrary;

(13) To borrow money and issue negotiable bonds and notes pursuant to this chapter;

(14) To lend money to governmental agencies or to advance moneys from the

infrastructure revolving fund to the federally assisted wastewater revolving fund in

order to match federal moneys that may become available;

(15) To contract with the federal government as to any infrastructure project;

(16) To participate with the federal government or any of its agencies, the state

government or any of its agencies or political subdivisions, or any other person in

the construction or repair of any infrastructure project; and

(17) To have, possess, and exercise all other powers reasonably incident to the carrying

out of the duties and responsibilities of the authority.