{"data":{"id":"us-ky/krs-107.020","jurisdiction":"us-ky","citation":"KRS 107.020","heading":"Definitions.","body":"(1) The term \"governing body,\" as used in this chapter, means and includes the\nlegislative body of any city, whether the same be designated by applicable statutes\nas a general council, a common council, a city council, a board of commissioners,\nor otherwise. The term \"governing body,\" as used in KRS 107.010 to 107.220 shall\ninclude the legislative body of any county unless the context requires otherwise. The\nterms \"municipality\" and \"city\" as used in KRS 107.010 to 107.220 shall include\ncounty within their meaning unless the context requires otherwise.\n(2) The term \"ordinance\" means and includes any ordinance enacted in accordance with\nthe general laws applicable to ordinances of the class of city in question, and the\nform of government thereof, and in accordance with the provisions of this chapter.\n(3) The term \"public way\" means and includes streets, boulevards, avenues, roads,\nlanes, alleys, parkways, courts, terraces, and other courses of travel open to the\ngeneral public by whatsoever name designated.\n(4) The terms \"improvement\" and \"project\" mean and include:\n(a) The construction of public ways or the substantial reconstruction or widening\nthereof;\n(b) The construction, installation, or substantial reconstruction of sanitary, storm,\nor combined sewers and appurtenances;\n(c) The construction, enlargement or substantial reconstruction of sewage\ntreatment plants for rendering sewage less hazardous to public health, safety,\nand general welfare;\n(d) The construction, installation, or substantial replacement of fir e hydrants and\nnecessary water mains and appurtenances in any city; or\n(e) Any combination of the same. Bonds for improvements defined in paragraphs\n(b), (c) and (d) of this subsection may be caused to mature as to principal in\nterm or serial maturities not to exceed thirty (30) years from date of issue.\n(5) The term \"costs\" as applied to any project undertaken under this chapter includes\nthe cost of labor, materials, and equipment necessary to complete the project in a\nsatisfactory manner, cost of land acq uired, and every expense connected with the\nproject, including preliminary and other surveys, inspections of the work, engineers'\nfees and costs, attorneys' fees, preparation of plans and specifications, publication of\nordinances and notices, interest which will accrue on the bonds until the due date of\nthe first annual improvement assessment levied in connection therewith, a sum\nequal to any discount in the sale of the bonds (if discount bids are authorized and\npermitted by the governing body), a reasonabl e allowance for unforeseen\ncontingencies, the printing of bonds, and other costs of financing which may\ninclude the payment of a fee to a fiscal agent for advice and assistance in the\npreparation and marketing of the bonds. As applied to wastewater collect ion\nprojects undertaken by metropolitan sewer districts \"costs\" also include:\n(a) The cost of inspections of work as construction progresses;\n(b) Interest which will accrue on the bonds until the due date of the first annual\nimprovement assessment if a lump sum is not paid;\n(c) Capitalized interest on the bonds for a period not to exceed three (3) years;\n(d) All or any portion of the debt service reserve requirement, if determination is\nmade to finance same from bond proceeds;\n(e) Payment of attorneys' fees, underwriting and fiscal agency fees, trustees' fees,\nrating service fees if approved by the fiscal court; and\n(f) Other costs of issuance of bonds.\n(6) The term \"assessed value basis\" means the plan for the levying of annual\nimprovement benefit assessments on the basis of the assessed values of the\nbenefited properties, as authorized by this chapter. As applied to wastewater\ncollection projects undertaken by metropolitan sewer districts, \"assessed value\nbasis\" means the plan for the levying of annual improvement benefit assessments\nupon benefited property for the benefits conferred by the construction of projects on\nthe basis of the ad valorem assessed values (land only) of the benefited property,\nwhether the owners pay such levie s in full or on an annual basis to amortize bonds.\nIdentical annual improvement benefit assessments upon classified zones of\nbenefited property may also be included in this plan where determination is made by\norder of a metropolitan sewer district, as prov ided in KRS 107.030, that benefits\nconferred by construction of a project are substantially equal and that the assessed\nvalue (land only) of all benefited property or designated zones thereof shall\ntherefore be deemed equal in respect of a given wastewater collection project.\n(7) The term \"front -foot basis\" refers to the plan for financing improvements by\napportioning the cost among benefited properties upon the basis of the number of\nlinear feet thereof abutting upon the improvement project, as otherwise p rovided by\nlaw.\n(8) The terms \"property to be benefited,\" \"properties to be benefited,\" \"benefited\nproperty\" and \"benefited properties\" all mean and refer to the property or properties\ndefined in KRS 107.140. As applied to wastewater collection projects un dertaken\nby metropolitan sewer districts, \"benefited property\" and \"property to be benefited\"\nmean the property (land only) proposed to be benefited by construction of a\nwastewater collection project instituted by a metropolitan sewer district and against\nwhich lump-sum or annual improvement benefit assessments are to be levied.\n(9) \"Construction\" means the following services and facilities provided by a\nmetropolitan sewer district:\n(a) Preliminary planning to determine the economic and engineering feasibility of\nconstruction of wastewater collection projects, and any engineering,\narchitectural, legal, fiscal, and economic investigations and studies necessary.\nAlso included are all necessary surveys, designs, plans, working drawings,\nspecifications, procedur es, and other required actions incident to the\nconstruction of wastewater collection projects;\n(b) The building, acquisition, installation, erection, alteration, remodeling,\nimprovement, expansion, or extension of wastewater collection projects and\nany other physical devices reasonably associated with such projects;\n(c) The provision of sewer collection services and facilities to benefited property\nalthough not directly financed by the issuance of bonds; and\n(d) Inspection and supervision incident to the ac quisition, construction, and\ninstallation of wastewater collection projects.\n(10) \"Debt service reserve requirement\" means with respect to any particular issue of\nbonds for a wastewater collection project of a metropolitan sewer district, the\nmaximum annua l requirements for payment of principal of and interest on such\nbond issue funded either in whole or in part by application of bond proceeds or\naccrued by the levying of improvement benefit assessments as provided in KRS\nChapters 76 and 107.\n(11) \"Metropolitan sewer district\" means a joint metropolitan sewer district which has\nbeen duly created under KRS 76.005 to 76.210.\n(12) \"Order\" means a formal and binding enactment of the board of a metropolitan sewer\ndistrict entered in connection with the financing by such district of a wastewater\ncollection project.\n(13) \"Wastewater\" means any water or liquid substance containing sewage, industrial\nwaste, or other pollutants or contaminants.\n(14) \"Wastewater collection project\" means treatment plants and all or part  of any\nfacilities and systems of a metropolitan sewer district used in the collection,\nholding, or transmission of wastewater from a benefited property to wastewater\ntreatment plants or other similar facilities for final disposition. These terms shall\ninclude, without being limited to, sanitary sewage collection lines, intercepting\nsewers, outfall sewers, sewer laterals, power stations and pumping stations, and\nother equipment and their appurtenances necessary to enable the project to fulfill its\nfunction, including land acquisition, if required, whether such project facilities are\nprovided by funds derived from issuance of bonds or otherwise provided by a\ndistrict in any manner.\n(15) \"Classified zone\" means any portion of any construction phase of a wastew ater\ncollection project designated by a metropolitan sewer district after a determination\nthat all property located in such zone is benefited substantially equal by such\nconstruction.","path":["KRS Chapter 107"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=48689","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:50:09Z","sha256":"007d37af98a25a4b245c3c152e8f3bffbdd2b763141897a71ea2e93bda59a983","source_id":"us-ky","stale":false,"prev":"us-ky/krs-107.015","next":"us-ky/krs-107.030"},"notice":"GroundRules: Original legal text. Not legal advice."}