65.530 Purpose, duties, and powers of riverport authority. - Kentucky Statutes

Download pdf

Loading PDF...

Page 1 of 2 65.530 Purpose, duties, and powers of riverport authority. (1) The purposes of the authority shall be to establish, maintain, operate, and expand necessary and proper riverport and river navigation facilities, and to acquire and
develop property, or rights therein within the economic environs, the home county,
or any county adjacent thereto, of the riverport or proposed riverport to attract
directly or indirectly river-oriented industry. It shall have the duty and such powers
as may be necessary or desirable to promote and develop navigation, river
transportation, riverports, and riverport facilities, and to attract industrial or
commercial operations to the property held as industrial parks. (2) The authority shall establish and fix reasonable rates, charges, and fees for the use of the riverport facilities which shall be published in a newspaper of general
circulation in the county in which the riverport is located. In fixing rates, charges, or
fees the authority may take into consideration, among other factors, the total capital
investment of the authority, the revenue needed properly to maintain such facilities,
the revenue needed properly to expand the riverport and its facilities, the portion of
the facilities utilized by the licensee or contracting party and its customers, and the
volume and type of business conducted. Any party aggrieved by the rates, charges,
or fees may appeal from the action of the authority to the Circuit Court of the
county within which the authority operates, within ninety (90) days from the date
that the authority finally publishes the rates, charges, or fees and gives notice of
same to the contracting party or licensee. The Circuit Court may hear evidence and
determine whether or not the rates, charges, or fees are, or are not, reasonable in
amount. Appeal from the judgment of the Circuit Court may be prosecuted as any
other civil appeal. (3) The authority shall also have power, from time to time, to fix rates, charges, or fees by contract, or by publishing general rates, charges, or fees for commercial vendors,
concessionaires, or other persons for the use or occupancy of riverport facilities
under the terms and conditions it deems to be in the best interest of maintaining,
operating, or expanding necessary riverport facilities, and the public use thereof. (4) The authority may acquire by contract, lease, purchase, option, gift, condemnation, or otherwise any real or personal property, or rights therein, necessary or suitable
for establishing, developing, operating, or expanding riverports, riverport facilities,
water navigation facilities, including spoilage areas for the disposal of materials
dredged from river bottoms in an effort to improve the navigability of rivers, reserve
storage areas and reserves of bulk materials utilized by the authority or any person
acting as the authority's agent or licensee, and industrial parks or sites within the
economic environs of the riverport or proposed riverport. The authority may erect,
equip, operate, and maintain on the property buildings and equipment necessary and
proper for riverport and water navigation facilities. The authority may dispose of
any real or personal property, or rights therein, which in the opinion of the authority
is not needed for use as riverport or water navigation facilities, or use as industrial
parks or sites. The authority may lease, sell, convey, or assign its interest in land
owned, optioned, or otherwise held by it to any person for the purpose of
constructing and/or operating any industrial or commercial facility or for the Page 2 of 2 purpose of acting as the authority's agent or licensee in effectively carrying out any
of its powers and duties. (5) With the consent of the legislative body of the governmental unit in which the property to be condemned is located, the authority may by resolution, reciting that
the property cannot be acquired by purchase or agreement and is needed for
riverport, water navigation, or industrial purposes in accordance with the powers set
forth in subsection (4) of this section, direct the condemnation of any property. The
procedure for condemnation shall conform to the procedure set out in the Eminent
Domain Act of Kentucky. (6) The authority may apply for, receive authorization for, establish, and operate a foreign trade zone, as permitted by 19 U.S.C. sec. 81, provided approval is obtained
from the Cabinet for Economic Development. Effective: July 15, 1996
History: Amended 1996 Ky. Acts ch. 337, sec. 4, effective July 15, 1996. -- Amended 1994 Ky. Acts ch. 499, sec. 11, effective July 15, 1994. -- Amended 1968 Ky. Acts
ch. 118, sec. 3. -- Amended 1966 Ky. Acts ch. 64, sec. 15. -- Created 1964 Ky. Acts
ch. 48, sec. 3.