Download as PDF
67A.877 Benefited properties -- Later-connecting properties.
(1)
(2)
(3)
(4)
The properties to be benefited by construction of a wastewater collection
project shall consist of all real properties which are thereby afforded a means
of draining wastewater from such properties, whether such real properties
consist of unimproved land or contain improvements. Benefited properties shall
include all real properties which are directly contiguous and abutting to any
proposed sewer, lateral, main, outfall line, transmission line, interceptor, sewer
easement to contain a project facility, or other project facility into which sanitary
discharge and drainage of wastewater may be accomplished, whether the
project sewer facility be constructed by application of the proceeds of the
bonds or from funds otherwise made available by the government. Provided,
however, the urban-county council of the government undertaking a project
may adopt reasonable rules and regulations in respect of benefited property,
and may exclude real properties which the urban-county council deems
appropriate for exclusion because of location, size or other special
circumstances.
The urban-county council of the government may determine, either in the
ordinance of initiation or in subsequent proceedings, the necessity and
desirability in the interests of the public health, safety and general welfare, that
properties other than the benefited properties be permitted to connect to a
wastewater collection project in the future, and may make equitable provisions
which may be adjustable from year to year as bonds are retired, whereby the
owners of such later-connecting properties may, by paying charges for the
privilege of connecting and by assuming assessment obligations, be placed as
nearly as practicable on a basis of financial equity with the owners of property
initially provided to be benefited and assessed.
Benefited property owned by any city, county, or urban-county government (or
owned by the United States of America or any of its agencies, if such property
is subject to assessment by Act of Congress), shall be assessed annually the
same as private property, and the amount of the annual assessment shall be
paid by the city, county, urban-county government or United States
government, as the case may be.
Benefited property owned by the Commonwealth of Kentucky, except property
the title to which is vested in the Commonwealth for the benefit of a district
board of education pursuant to KRS 162.010, shall be assessed as follows:
Before assessing the Commonwealth, the urban-county council shall serve
written notice on the secretary of the Finance and Administration Cabinet of the
Commonwealth, setting forth specific details, including the estimated aggregate
total amount of any improvement benefit assessment proposed to be levied
against any property of the Commonwealth relative to the project. Said written
notice shall be served prior to the next even-numbered-year regular session of
the General Assembly of Kentucky so that the amount of any specific
improvement assessment may be included in the biennial executive branch
budget recommendation to be submitted to the General Assembly. Payment of
any assessment shall be made only from funds specifically appropriated for
that assessment. If an amount sufficient to pay the total amount of an
assessment has been appropriated, then the total amount shall be paid, as and
(5)
(6)
when due. If an amount sufficient only to pay annual assessment has been
appropriated, then only the amount of the annual assessment shall be paid.
The amount of the assessment shall be certified by the commissioner of
finance of the urban-county government to the Finance and Administration
Cabinet, which shall thereupon draw a warrant upon the State Treasurer
payable to the government and the State Treasurer shall pay the same.
In the case of property the title to which is vested in the Commonwealth for the
benefit of a district board of education, the amount of the annual assessment
shall be paid by the city, county, urban-county government or other local
governmental agency or authority which represents the taxing authority of such
board of education.
No benefited property shall be exempt from assessment, except as herein
provided.
Effective:June 21, 2001
History: Amended 2001 Ky. Acts ch. 58, sec. 13, effective June 21, 2001. -Amended 1982 Ky. Acts ch. 450, sec. 63, effective July 1, 1983. -- Amended
1978 Ky. Acts ch. 155, sec. 41, effective June 17, 1978. -- Created 1976 Ky.
Acts ch.371, sec. 7, effective March 30, 1976.
Disclaimer: These codes may not be the most recent version. Kentucky may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.