67A.730 First Ordinance -- Contents -- Hearing.
If an urban-county government desires to authorize, construct, and finance an
improvement pursuant to the provisions of KRS 67A.710 to 67A.825, its governing body
shall initiate the proceedings by adopting an ordinance, herein called the "First
Ordinance," in which announcement shall be made of the proposed improvement in such
manner as to identify the benefited properties which properties may be identified by
naming the public way or ways upon which they abut, if any, or by geographical location,
or both. In either case the ordinance shall recite the nature and scope of the improvement,
a preliminary estimate of the costs thereof, as submitted in writing by an engineer, or firm
of engineers, holding a license from the Commonwealth of Kentucky, and the amount, if
any, which the urban-county government proposes to appropriate from available funds
toward the estimated cost. In all succeeding proceedings, the urban-county government
shall be bound and limited by the preliminary report of the engineer, or engineers, with
regard to the nature, scope, and extent of the proposed improvement project (unless the
First Ordinance be amended); but shall not be bound by, or limited to, the preliminary
estimate of costs. The costs shall be determined upon the basis of construction bids
publicly solicited as hereinafter provided, and shall be binding upon the urban-county
government, and upon the owners of property to be benefited by the proposed
improvement project, whether the same turn out to be equal to, below, or above such
preliminary estimate. Architects, engineers, and fiscal agents may be employed without
advertising or competition. The First Ordinance shall provide for a public hearing at a
time and place specified therein (not less than one (1) week after publication) and shall
give notice that at the hearing any owner of property to be benefited may appear and be
heard as to:
(1) Whether the proposed project should be undertaken or abandoned, and
(2) Whether the nature and scope of the project shall be altered. The First Ordinance
shall be published pursuant to KRS Chapter 424. The First Ordinance may
designate a person, who may be the mayor, a member of the governing body, or any
official of the urban-county government, to preside at and conduct such public
hearing. In the absence of a designation in the ordinance, the mayor, or a person
designated by the mayor shall preside. Notwithstanding the foregoing, the public
hearing shall not be deemed irregular or improper if it is in fact presided over and
conducted at the designated time, and place by any elected officer or member 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.
Effective: June 21, 1974
History: Created 1974 Ky. Acts ch. 394, sec. 5, effective June 21, 1974.
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