2014 Kentucky Revised Statutes CHAPTER 107 - MUNICIPAL IMPROVEMENTS -- ALTERNATE METHODS 107.040 Public hearing -- Record -- Owners of affected property to be heard -- Written statements -- Vote -- Results to be included in report.
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107.040 Public hearing -- Record -- Owners of affected property to be heard -Written statements -- Vote -- Results to be included in report.
A public hearing shall be held at the time and place designated in the first ordinance.
Any person qualifying under the provisions of KRS 107.030 may preside and
conduct such hearing. Such presiding person, or any person whom he or she may
designate, shall make reasonable notes or minutes of the proceedings, and the
same shall be submitted in writing to a subsequent regularly scheduled meeting of
the governing body. Any owner of property intended to be benefited by the proposed
improvement project may be heard at such public hearing, in person or by a
representative. Any such owner may submit to the person presiding, or to the
designated clerk, if one (1) be designated, a written instrument in which such owner
is identified by name, address, and designation of the property owned, and
containing a statement of any reason for advocating, or objecting to, any of the
aspects of the proposed improvement project as set forth in subsection (1), (2), (3),
or (4) of KRS 107.030, and such written instruments shall be attached to, or included
in, the written report of the hearing. Whether or not any such written instruments are
submitted, the person presiding at such hearing may require those in attendance to
identify themselves as owners of property to be benefited, or otherwise, and may call
for a vote of such identified owners, by secret ballot or show-of-hands, on any
pertinent controversial matter, and the results thereof shall be included in the
subsequent written report to the governing body. The presiding officer may impose
reasonable rules upon the conduct of the public hearing. Reports of local health
agencies, summaries, engineering and health reports and other informative data
may be made a part of the public hearing. The hearing may be adjourned to
convene again, and from time to time, either at a time and place announced at the
hearing, or any adjourned session, or upon public notice of such time and place, to
be given in such manner as the person presiding may announce prior to the
adjournment. If no owners of property to be benefited by the proposed project
appear at such hearing, or if no substantial controversy develops at such hearing,
regarding any of the matters enumerated in subsection (1), (2), (3), or (4) of KRS
107.030, the hearing may be adjourned sine die by the person presiding, and such
facts shall be set forth in the written report to the governing body.
History: Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 13, sec. 12. -- Amended
1970 Ky. Acts ch. 92, sec. 22. -- Created 1956 Ky. Acts ch. 239, sec. 4.
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