2013 Kentucky Revised Statutes CHAPTER 67A - URBAN-COUNTY GOVERNMENT 67A.875 Determination of need by ordinance -- Preliminary planning procedures -- Ordinance of initiation.
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67A.875 Determination of need by ordinance -- Preliminary planning
procedures -- Ordinance of initiation.
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Any urban-county government which determines that the public health, safety,
and general welfare requires construction of a wastewater collection project
and which proposes to undertake, authorize, construct, and finance a
wastewater collection project pursuant to KRS 67A.871 to 67A.894 shall, by
appropriate ordinance of its urban-county council make such determinations
and cause preliminary plans, designs, specifications, and financial planning for
such project to be prepared by one (1) or more engineers, or one (1) or more
firms of engineers, licensed to do business in the Commonwealth of Kentucky.
Alternatively, such preliminary procedures may be accomplished directly by
duly-qualified government personnel. A preliminary engineering and financing
report shall be prepared in writing by such engineers for submission to the
government.
The preliminary engineering and financing report shall, designate a
geographical area in which a wastewater collection project is recommended for
construction, contain a reasonable description of the project facilities proposed
to be constructed, contain a statement as to benefits to be conferred by the
proposed project and the distribution of such benefits and contain an estimate
of the costs of the proposed project. The urban-county council of such
government shall receive such preliminary engineering and financing report at
a regular meeting, shall thereafter study and evaluate the same, and by
duly-enacted ordinance either approve the preliminary engineering and
financing report as submitted, disapprove such report, or amend and approve
same in its sound discretion.
Upon approval of the preliminary engineering and financing report, or
amendment thereof and approval thereof as amended, by the urban-county
council of such urban-county government, such council shall formally initiate
proceedings for the acquisition and financing of the proposed wastewater
collection project by the enactment of an ordinance to be designated as the
ordinance of initiation, in which public announcement shall be made of the
wastewater collection project proposed to be acquired, constructed, and
financed, the identification of properties proposed to be benefited by such
project, which benefited properties may be identified by naming the public way
upon which the benefited properties abut, if any, or by geographical location, or
by metes and bounds or other appropriate description. The ordinance of
initiation shall recite the nature and scope of the wastewater collection project
being initiated by the government, shall give a preliminary estimate of the costs
thereof, shall determine that each lot, parcel and tract of land named and
identified in the ordinance of initiation as benefited property shall be afforded
benefits by the project unless specifically excluded by such ordinance and shall
order that a public hearing be held in respect of the proposed wastewater
collection project.
In all succeeding proceedings, the government shall be bound and limited by
the ordinance of initiation with regard to the nature, scope and extent of the
proposed wastewater collection project, but shall not be bound by or limited to
the preliminary estimate of the costs of the proposed project. The costs of
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such project shall be determined upon the basis of construction bids publicly
solicited by such urban-county government as required by KRS 67A.871 to
67A.894, and shall be binding upon the government and upon the owners of
benefited properties, whether they turn out to be equal to, below, or above,
such preliminary estimate of costs.
In the ordinance of initiation, the urban-county council shall make findings of
fact regarding the degree and nature of benefit which will accrue to benefited
properties by the installation of the project. In the event the urban-county
council determines as a fact that groups of benefited properties, or all benefited
properties, will be affected and benefited in substantially the same manner and
to substantially the same degree, such urban-county council may determine
that it is appropriate to classify benefited properties into one or more
assessment zones based upon the similarity of benefits to be derived by
benefited properties from installation of the project, and in such case, the
urban-county council may deem all benefited properties within a particular
assessment zone to be equally benefited and therefore equally treated for
purposes of levying improvement benefit assessments to provide funds to pay
the costs of the project. It is the intent of KRS 67A.871 to 67A.894 to vest in
the urban-county council of any urban-county government undertaking a
project, authority to make findings of fact in order to classify properties
according to benefits conferred from the construction of projects, and such
urban-county council may, as aforesaid, by appropriate ordinance, determine
that identified groups of benefited properties will be benefited similarly by a
project and shall therefore be treated equally for purposes of levying
improvement benefit assessments upon such benefited properties. The
urban-county council may accept and rely upon any pertinent data in making
such findings of fact, including, the size and diameter of sanitary sewer service
connections to be made available. In the event the urban-county council of the
government shall determine that all properties situated within a particularly
described classification or zone shall not receive substantially equal benefits
from the project, the urban-county council shall determine in the ordinance of
initiation that such properties shall be assessed for benefits conferred based
upon the relative assessed land valuation of each benefited property as it
relates to the aggregate assessed land valuation of all benefited properties
within such particularly described classification or zone initially, when property
owners shall be afforded the opportunity to pay improvement benefit
assessments on a lump sum basis, and subsequently, during each annual
period when bonds issued to provide for payment of costs of the project not
paid by lump sum payments shall be outstanding. Findings of fact made by
any urban-county council in accordance with the provisions of this section shall
be entitled to a presumption of regularity and accuracy when based upon
receipt of, and consideration of, factual data and information described in this
section.
The ordinance of initiation shall provide that a public hearing shall be held in
respect of the proposed project at a time and place which shall be specified in
the ordinance of initiation, and shall give notice that at the public hearing any
owner of benefited property may appear and be heard as to whether the
proposed project should be undertaken, whether the nature and scope of the
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project should be altered, and whether the project shall be financed through the
assessment of benefited properties and issuance of bonds in respect of
assessments not paid on a lump sum basis, all as proposed by the ordinance
of initiation and as authorized by KRS 67A.871 to 67A.894.
The ordinance of initiation shall be published pursuant to KRS Chapter 424,
and shall designate an individual, who shall be a member of the urban-county
council or any government officer, to preside at the public hearing. In the
absence of a designation in the ordinance of initiation, the mayor of the
government shall preside at the public hearing. 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 official of
the urban-county government.
Effective:March 30, 1976
History: Created 1976 Ky. Acts ch. 371, sec. 5, effective March 30, 1976.
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