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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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