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76.172
Apportionment of construction costs -- Liens -- Apportionment
warrants -- Notice.
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The ordinance providing for the construction of sewerage or drainage facilities
and appurtenances shall describe the nature and kind of facilities to be
furnished and shall describe the particular area benefited by said sewerage or
drainage facilities.
The costs of the sanitary sewers, combined sewers, drains, and
appurtenances shall be assessed against the land in said benefited area
according to the number of square feet in any lot or tract within the area
described in the ordinance, or according to any other equitable basis. If the
square foot method of assessment is used, the rate of apportionment shall be
the same for each square foot of land in said benefited area, and shall be
determined by dividing the cost of the assessable sanitary sewers, combined
sewers, drains and appurtenances by the total area of all land benefited in the
area. No property which has been assessed for collector lines shall be
reassessed for the installation or reinstallation of collector lines.
The costs of property service connections from the sewer to the property line
or easement line as required shall be assessed against the individual lots or
tracts to which such property service connections are furnished. The costs to
be assessed for the property service connections shall be fixed by regulation of
the metropolitan sewer district based on its experience of costs for such work.
All land included in said described territory shall be assessed, except such
property dedicated to use for public roadways and property owned by cities
forming a district pursuant to KRS 76.010, counties containing cities forming a
district pursuant to KRS 76.010, and any joint agencies of such cities and
counties.
When the board of a metropolitan sewer district determines that such
construction of sanitary sewers, combined sewers, drains, appurtenances or
property service connections at the cost of the property owners shall be
recommended to the board of aldermen of a city of the first class, the
metropolitan sewer district shall cause its engineering department to prepare
complete drawings and specifications for the work and to keep same available
for inspection in its offices.
(a) The actual construction work of the sanitary sewers, combined sewers,
drains, appurtenances or property service connections constructed
pursuant to such ordinance shall be done by, or under the control of, the
metropolitan sewer district.
(b) The cost of the sanitary sewers, combined sewers, drains, appurtenances
or property service connections shall include not only the actual
construction costs and the costs of any easements required for the
sewers, but also costs of surveys, designs, plans, specifications,
advertising, inspection and administration; however, these costs other
than actual construction costs and costs of easements shall not exceed
fifteen percent (15%) of the actual construction cost of the project. The
costs of surveys, designs, plans, specifications, advertising, inspection
and administration, but not exceeding a total of fifteen percent (15%) of
the actual construction costs and the cost of any easements shall be paid
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by the contractor to the metropolitan sewer district at the completion of
the work so that such costs may be included in the apportionment
warrants.
A lien superior to all liens except the liens for state, county, city, school and
road taxes and liens prior in time for other public improvements shall exist
against the respective lots or tracts of land for the cost of the sanitary sewers,
combined sewers, drains, appurtenances or property service connections for
apportionment as hereinafter provided for, and interest thereon at the rate of
six percent (6%) per annum.
No error in the proceedings of the city legislative body shall exempt such
property from payment after the work has been done as required by either the
ordinance or contract, but the city legislative body, or the courts in which suits
shall be proceeding, shall make all corrections, rules and orders to do justice to
all parties concerned. In no event, if the sanitary sewers, combined sewers,
drains, appurtenances or property service connections are constructed as
provided, by ordinance or contract, shall the city or the metropolitan sewer
district be liable for the costs of the sanitary sewers, combined sewers, drains,
appurtenances or property service connections without the right to enforce
such costs against the property receiving the benefit.
Upon completion and acceptance of the sewer facility constructed, the
metropolitan sewer district shall make out all apportionment warrants for which
liens are given for improvements of sewer facilities and shall immediately enter
them in alphabetical order upon a register kept for that purpose. When the
holder of the warrant has obtained payment, he shall notify the metropolitan
sewer district and it shall mark upon the register the fact of payment.
The lien shall exist from the date of the apportionment warrant, but a lien shall
not be valid against a purchaser for a valuable consideration without notice,
unless the apportionment warrant is entered and registered within ten (10)
days of its issuance.
After any sewer facilities have been constructed in conformity with this section
the metropolitan sewer district shall give notice by publication pursuant to KRS
Chapter 424 of the costs apportioned, and the amounts assessed and levied
on the various tracts of land liable for the payment.
When property is annexed to a city forming a district pursuant to KRS 76.010
and subsequently is connected to a sewer owned or operated by the
metropolitan sewer district, payment shall be made to the district of a
proportionate part of the construction costs of the sewer on the basis that
would apply if the sewer were being built within the corporate limits of the city
by apportionment of costs against the benefited area as provided in this
section.
The district may construct sewerage or drainage facilities in areas of the district
located outside of the city of the first class by assessment, using the
procedures set forth in this section, with the word "ordinance" being read as
"resolution," the words "board of aldermen" being read as "fiscal court," the
words "city legislative body" being read as "fiscal court," and the word "city"
being read as "county."
Effective:January 1, 2015
History: Amended 2014 Ky. Acts ch. 92, sec. 52, effective January 1, 2015. -Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 13, sec. 26. -- Amended 1968 Ky.
Acts ch. 156, sec. 4. -- Amended 1966 Ky. Acts ch. 239, sec. 27. -- Amended
1962 Ky. Acts ch. 286, sec. 23. -- Amended 1960 Ky. Acts ch. 200, sec. 3. -Amended 1956 Ky. Acts ch. 61, sec. 1. -- Created 1952 Ky. Acts ch. 69, sec. 2.
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