107.030 Procedure for use of alternate method. If a municipality desires to authorize, construct, and finance an improvement pursuant to <br>this chapter, its governing body shall initiate the proceedings by adopting an ordinance, <br>herein called the "First Ordinance," in which announcement shall be made of the public <br>way or ways (which need not be contiguous) proposed to be improved and the <br>geographical limits of the proposed improvement in such manner as to identify the <br>benefited properties or the identity of the property or properties to be benefited by the fire <br>hydrant in cities of the third through sixth classes or by the sewer installations (which <br>may include a sewage treatment plant) which properties may be identified by naming the <br>public way or ways upon which they abut, if any, or by geographical location, or both. In <br>either case the ordinance shall recite the nature and scope of the improvement, a <br>preliminary estimate of the costs thereof, as submitted in writing by an engineer, or firm <br>of engineers, holding a license from the Commonwealth of Kentucky, and the amount, if <br>any, which the city proposes to appropriate from available city funds toward the estimated <br>cost. Any metropolitan sewer district desiring to initiate a wastewater collection project <br>pursuant to this chapter shall, by order of its board cause a written preliminary <br>engineering and financing report to be prepared by one (1) or more engineers, or one (1) <br>or more firms of engineers, licensed to do business in the Commonwealth of Kentucky, or <br>alternatively, by district personnel, for submission to the district. The preliminary <br>engineering and financing report shall designate a geographical area in which a <br>wastewater collection project is recommended for construction. The report shall contain a <br>reasonable description of the project facilities proposed to be constructed, a statement as <br>to benefits to be conferred by the proposed project, the distribution of the benefits and an <br>estimate of the cost of the proposed project. The board of the district shall receive the <br>preliminary engineering and financing report at a regular meeting. The board shall study <br>and evaluate it, and by duly entered order either approve, disapprove the report as <br>submitted, or amend and approve the report. Following approval of the preliminary <br>engineering and financing report by the board of the metropolitan sewer district, the board <br>shall formally initiate proceedings for the construction and financing of the proposed <br>wastewater collection project. This announcement shall identify all benefited properties <br>by naming the public way upon which such benefited properties abut, if any, or by <br>geographical location, or by other appropriate description. The first ordinance shall <br>describe the nature, scope and preliminary cost estimate of the wastewater collection <br>project being proposed. The ordinance shall determine that each parcel of land identified <br>as benefited property shall be afforded benefits by the projects unless specifically <br>excluded. A public hearing shall be held in respect of the proposed wastewater collection <br>project. In all succeeding proceedings, the city shall be bound and limited by the <br>preliminary report of the engineer, or engineers, with regard to the nature, scope, and <br>extent of the proposed improvement project (unless the first ordinance be amended, as <br>hereinafter provided); but shall not be bound by, or limited to, the preliminary estimate of <br>costs. The costs shall be determined upon the basis of construction bids publicly solicited <br>as hereinafter provided, and shall be binding upon the city, and upon the owners of <br>property to be benefited by the proposed improvement project, whether the same turn out <br>to be equal to, below, or above such preliminary estimate. Architects, attorneys, <br>consultants, engineers, and fiscal agents shall be employed after reasonable advertisement of the need for their services and with such competition as is permitted by law. In a first <br>ordinance for a wastewater collection project, the board of a metropolitan sewer district <br>shall make findings of fact regarding the degree and nature of the benefit which will <br>accrue to benefited properties by the installation of the project. If the board determines as <br>a fact that groups of or all of the benefited properties will be affected and benefited in <br>substantially the same manner and to substantially the same degree, the board may <br>classify such benefited properties into one (1) or more assessment zones based upon the <br>similarity of benefits to be derived. In such case, the board may deem all benefited <br>properties within a particular assessment zone to be equally benefited and therefore <br>equally treated for purposes of levying improvement benefit assessments for amortization <br>of bonds issued to provide funds to pay the costs of the project. It is the intent of KRS <br>Chapters 76 and 107 to vest in the board of any metropolitan sewer district undertaking a <br>project authority to make findings of fact in order to classify properties according to <br>benefits conferred from the construction of projects. The board may, by appropriate order, <br>determine that identified groups of benefited properties will be benefited in substantially <br>the same manner by a project and these properties shall be treated equally for purposes of <br>annual improvement benefit assessment of such benefited properties. The board may rely <br>upon any pertinent data in making such findings of fact, including the size and diameter <br>of sanitary sewer service connections to be made available. If the board of the district <br>determines that all properties situated within a particularly described geographic area will <br>not receive substantially equal benefits from the project, the board shall determine in the <br>first ordinance that such properties shall be annually assessed for benefits conferred based <br>upon the relative assessed land valuation of each benefited property as it relates to the <br>aggregated assessed land valuation of all benefited properties within such particularly <br>described geographic area. Whichever basis of assessment is selected, it shall be used <br>both initially, when land owners may pay improvement benefit assessments in a lump <br>sum, and subsequently during each annual period in which project bonds are outstanding <br>if a lump-sum payment is not paid. The first ordinance shall provide for a public hearing <br>at a time and place specified therein (not less than one (1) week after publication) and <br>shall give notice that at the hearing any owner of property to be benefited may appear and <br>be heard as to: <br>(1) Whether the proposed project should be undertaken or abandoned; <br>(2) Whether the nature and scope of the project shall be altered; <br>(3) Whether the project shall be financed through the issuance of bonds according to the "assessed value basis," authorized by this chapter; or (4) Whether the project shall be financed through assessments made and apportioned on a front-foot basis, as may otherwise be authorized by law. The first ordinance <br>shall be published pursuant to KRS Chapter 424. The first ordinance may designate <br>a person, who may be the mayor, a member of the governing body, or any city <br>official, to preside at and conduct such public hearing. In the absence of a <br>designation in the ordinance, the mayor or a person designated by the mayor shall <br>preside. Notwithstanding the foregoing, the public hearing shall not be deemed <br>irregular or improper if it is in fact presided over and conducted at the designated <br>time and place by any elected city officer or member of the governing body. Effective: July 15, 1986 <br>History: Amended 1986 Ky. Acts ch. 23, sec. 9, effective July 15, 1986. -- Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 13, sec. 11. -- Amended 1970 Ky. Acts ch. 92, <br>sec. 21. -- Amended 1966 Ky. Acts ch. 239, sec. 120. -- Amended 1964 Ky. Acts <br>ch. 161, sec. 2. -- Amended 1960 Ky. Acts ch. 226, sec. 3. -- Created 1956 Ky. Acts <br>ch. 239, sec. 3.
107.030 Procedure for use of alternate method. If a municipality desires to authorize, construct, and finance an improvement pursuant to <br>this chapter, its governing body shall initiate the proceedings by adopting an ordinance, <br>herein called the "First Ordinance," in which announcement shall be made of the public <br>way or ways (which need not be contiguous) proposed to be improved and the <br>geographical limits of the proposed improvement in such manner as to identify the <br>benefited properties or the identity of the property or properties to be benefited by the fire <br>hydrant in cities of the third through sixth classes or by the sewer installations (which <br>may include a sewage treatment plant) which properties may be identified by naming the <br>public way or ways upon which they abut, if any, or by geographical location, or both. In <br>either case the ordinance shall recite the nature and scope of the improvement, a <br>preliminary estimate of the costs thereof, as submitted in writing by an engineer, or firm <br>of engineers, holding a license from the Commonwealth of Kentucky, and the amount, if <br>any, which the city proposes to appropriate from available city funds toward the estimated <br>cost. Any metropolitan sewer district desiring to initiate a wastewater collection project <br>pursuant to this chapter shall, by order of its board cause a written preliminary <br>engineering and financing report to be prepared by one (1) or more engineers, or one (1) <br>or more firms of engineers, licensed to do business in the Commonwealth of Kentucky, or <br>alternatively, by district personnel, for submission to the district. The preliminary <br>engineering and financing report shall designate a geographical area in which a <br>wastewater collection project is recommended for construction. The report shall contain a <br>reasonable description of the project facilities proposed to be constructed, a statement as <br>to benefits to be conferred by the proposed project, the distribution of the benefits and an <br>estimate of the cost of the proposed project. The board of the district shall receive the <br>preliminary engineering and financing report at a regular meeting. The board shall study <br>and evaluate it, and by duly entered order either approve, disapprove the report as <br>submitted, or amend and approve the report. Following approval of the preliminary <br>engineering and financing report by the board of the metropolitan sewer district, the board <br>shall formally initiate proceedings for the construction and financing of the proposed <br>wastewater collection project. This announcement shall identify all benefited properties <br>by naming the public way upon which such benefited properties abut, if any, or by <br>geographical location, or by other appropriate description. The first ordinance shall <br>describe the nature, scope and preliminary cost estimate of the wastewater collection <br>project being proposed. The ordinance shall determine that each parcel of land identified <br>as benefited property shall be afforded benefits by the projects unless specifically <br>excluded. A public hearing shall be held in respect of the proposed wastewater collection <br>project. In all succeeding proceedings, the city shall be bound and limited by the <br>preliminary report of the engineer, or engineers, with regard to the nature, scope, and <br>extent of the proposed improvement project (unless the first ordinance be amended, as <br>hereinafter provided); but shall not be bound by, or limited to, the preliminary estimate of <br>costs. The costs shall be determined upon the basis of construction bids publicly solicited <br>as hereinafter provided, and shall be binding upon the city, and upon the owners of <br>property to be benefited by the proposed improvement project, whether the same turn out <br>to be equal to, below, or above such preliminary estimate. Architects, attorneys, <br>consultants, engineers, and fiscal agents shall be employed after reasonable advertisement of the need for their services and with such competition as is permitted by law. In a first <br>ordinance for a wastewater collection project, the board of a metropolitan sewer district <br>shall make findings of fact regarding the degree and nature of the benefit which will <br>accrue to benefited properties by the installation of the project. If the board determines as <br>a fact that groups of or all of the benefited properties will be affected and benefited in <br>substantially the same manner and to substantially the same degree, the board may <br>classify such benefited properties into one (1) or more assessment zones based upon the <br>similarity of benefits to be derived. In such case, the board may deem all benefited <br>properties within a particular assessment zone to be equally benefited and therefore <br>equally treated for purposes of levying improvement benefit assessments for amortization <br>of bonds issued to provide funds to pay the costs of the project. It is the intent of KRS <br>Chapters 76 and 107 to vest in the board of any metropolitan sewer district undertaking a <br>project authority to make findings of fact in order to classify properties according to <br>benefits conferred from the construction of projects. The board may, by appropriate order, <br>determine that identified groups of benefited properties will be benefited in substantially <br>the same manner by a project and these properties shall be treated equally for purposes of <br>annual improvement benefit assessment of such benefited properties. The board may rely <br>upon any pertinent data in making such findings of fact, including the size and diameter <br>of sanitary sewer service connections to be made available. If the board of the district <br>determines that all properties situated within a particularly described geographic area will <br>not receive substantially equal benefits from the project, the board shall determine in the <br>first ordinance that such properties shall be annually assessed for benefits conferred based <br>upon the relative assessed land valuation of each benefited property as it relates to the <br>aggregated assessed land valuation of all benefited properties within such particularly <br>described geographic area. Whichever basis of assessment is selected, it shall be used <br>both initially, when land owners may pay improvement benefit assessments in a lump <br>sum, and subsequently during each annual period in which project bonds are outstanding <br>if a lump-sum payment is not paid. The first ordinance shall provide for a public hearing <br>at a time and place specified therein (not less than one (1) week after publication) and <br>shall give notice that at the hearing any owner of property to be benefited may appear and <br>be heard as to: <br>(1) Whether the proposed project should be undertaken or abandoned; <br>(2) Whether the nature and scope of the project shall be altered; <br>(3) Whether the project shall be financed through the issuance of bonds according to the "assessed value basis," authorized by this chapter; or (4) Whether the project shall be financed through assessments made and apportioned on a front-foot basis, as may otherwise be authorized by law. The first ordinance <br>shall be published pursuant to KRS Chapter 424. The first ordinance may designate <br>a person, who may be the mayor, a member of the governing body, or any city <br>official, to preside at and conduct such public hearing. In the absence of a <br>designation in the ordinance, the mayor or a person designated by the mayor shall <br>preside. Notwithstanding the foregoing, the public hearing shall not be deemed <br>irregular or improper if it is in fact presided over and conducted at the designated <br>time and place by any elected city officer or member of the governing body. Effective: July 15, 1986 <br>History: Amended 1986 Ky. Acts ch. 23, sec. 9, effective July 15, 1986. -- Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 13, sec. 11. -- Amended 1970 Ky. Acts ch. 92, <br>sec. 21. -- Amended 1966 Ky. Acts ch. 239, sec. 120. -- Amended 1964 Ky. Acts <br>ch. 161, sec. 2. -- Amended 1960 Ky. Acts ch. 226, sec. 3. -- Created 1956 Ky. Acts <br>ch. 239, sec. 3.
107.030 Procedure for use of alternate method. If a municipality desires to authorize, construct, and finance an improvement pursuant to <br>this chapter, its governing body shall initiate the proceedings by adopting an ordinance, <br>herein called the "First Ordinance," in which announcement shall be made of the public <br>way or ways (which need not be contiguous) proposed to be improved and the <br>geographical limits of the proposed improvement in such manner as to identify the <br>benefited properties or the identity of the property or properties to be benefited by the fire <br>hydrant in cities of the third through sixth classes or by the sewer installations (which <br>may include a sewage treatment plant) which properties may be identified by naming the <br>public way or ways upon which they abut, if any, or by geographical location, or both. In <br>either case the ordinance shall recite the nature and scope of the improvement, a <br>preliminary estimate of the costs thereof, as submitted in writing by an engineer, or firm <br>of engineers, holding a license from the Commonwealth of Kentucky, and the amount, if <br>any, which the city proposes to appropriate from available city funds toward the estimated <br>cost. Any metropolitan sewer district desiring to initiate a wastewater collection project <br>pursuant to this chapter shall, by order of its board cause a written preliminary <br>engineering and financing report to be prepared by one (1) or more engineers, or one (1) <br>or more firms of engineers, licensed to do business in the Commonwealth of Kentucky, or <br>alternatively, by district personnel, for submission to the district. The preliminary <br>engineering and financing report shall designate a geographical area in which a <br>wastewater collection project is recommended for construction. The report shall contain a <br>reasonable description of the project facilities proposed to be constructed, a statement as <br>to benefits to be conferred by the proposed project, the distribution of the benefits and an <br>estimate of the cost of the proposed project. The board of the district shall receive the <br>preliminary engineering and financing report at a regular meeting. The board shall study <br>and evaluate it, and by duly entered order either approve, disapprove the report as <br>submitted, or amend and approve the report. Following approval of the preliminary <br>engineering and financing report by the board of the metropolitan sewer district, the board <br>shall formally initiate proceedings for the construction and financing of the proposed <br>wastewater collection project. This announcement shall identify all benefited properties <br>by naming the public way upon which such benefited properties abut, if any, or by <br>geographical location, or by other appropriate description. The first ordinance shall <br>describe the nature, scope and preliminary cost estimate of the wastewater collection <br>project being proposed. The ordinance shall determine that each parcel of land identified <br>as benefited property shall be afforded benefits by the projects unless specifically <br>excluded. A public hearing shall be held in respect of the proposed wastewater collection <br>project. In all succeeding proceedings, the city shall be bound and limited by the <br>preliminary report of the engineer, or engineers, with regard to the nature, scope, and <br>extent of the proposed improvement project (unless the first ordinance be amended, as <br>hereinafter provided); but shall not be bound by, or limited to, the preliminary estimate of <br>costs. The costs shall be determined upon the basis of construction bids publicly solicited <br>as hereinafter provided, and shall be binding upon the city, and upon the owners of <br>property to be benefited by the proposed improvement project, whether the same turn out <br>to be equal to, below, or above such preliminary estimate. Architects, attorneys, <br>consultants, engineers, and fiscal agents shall be employed after reasonable advertisement of the need for their services and with such competition as is permitted by law. In a first <br>ordinance for a wastewater collection project, the board of a metropolitan sewer district <br>shall make findings of fact regarding the degree and nature of the benefit which will <br>accrue to benefited properties by the installation of the project. If the board determines as <br>a fact that groups of or all of the benefited properties will be affected and benefited in <br>substantially the same manner and to substantially the same degree, the board may <br>classify such benefited properties into one (1) or more assessment zones based upon the <br>similarity of benefits to be derived. In such case, the board may deem all benefited <br>properties within a particular assessment zone to be equally benefited and therefore <br>equally treated for purposes of levying improvement benefit assessments for amortization <br>of bonds issued to provide funds to pay the costs of the project. It is the intent of KRS <br>Chapters 76 and 107 to vest in the board of any metropolitan sewer district undertaking a <br>project authority to make findings of fact in order to classify properties according to <br>benefits conferred from the construction of projects. The board may, by appropriate order, <br>determine that identified groups of benefited properties will be benefited in substantially <br>the same manner by a project and these properties shall be treated equally for purposes of <br>annual improvement benefit assessment of such benefited properties. The board may rely <br>upon any pertinent data in making such findings of fact, including the size and diameter <br>of sanitary sewer service connections to be made available. If the board of the district <br>determines that all properties situated within a particularly described geographic area will <br>not receive substantially equal benefits from the project, the board shall determine in the <br>first ordinance that such properties shall be annually assessed for benefits conferred based <br>upon the relative assessed land valuation of each benefited property as it relates to the <br>aggregated assessed land valuation of all benefited properties within such particularly <br>described geographic area. Whichever basis of assessment is selected, it shall be used <br>both initially, when land owners may pay improvement benefit assessments in a lump <br>sum, and subsequently during each annual period in which project bonds are outstanding <br>if a lump-sum payment is not paid. The first ordinance shall provide for a public hearing <br>at a time and place specified therein (not less than one (1) week after publication) and <br>shall give notice that at the hearing any owner of property to be benefited may appear and <br>be heard as to: <br>(1) Whether the proposed project should be undertaken or abandoned; <br>(2) Whether the nature and scope of the project shall be altered; <br>(3) Whether the project shall be financed through the issuance of bonds according to the "assessed value basis," authorized by this chapter; or (4) Whether the project shall be financed through assessments made and apportioned on a front-foot basis, as may otherwise be authorized by law. The first ordinance <br>shall be published pursuant to KRS Chapter 424. The first ordinance may designate <br>a person, who may be the mayor, a member of the governing body, or any city <br>official, to preside at and conduct such public hearing. In the absence of a <br>designation in the ordinance, the mayor or a person designated by the mayor shall <br>preside. Notwithstanding the foregoing, the public hearing shall not be deemed <br>irregular or improper if it is in fact presided over and conducted at the designated <br>time and place by any elected city officer or member of the governing body. Effective: July 15, 1986 <br>History: Amended 1986 Ky. Acts ch. 23, sec. 9, effective July 15, 1986. -- Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 13, sec. 11. -- Amended 1970 Ky. Acts ch. 92, <br>sec. 21. -- Amended 1966 Ky. Acts ch. 239, sec. 120. -- Amended 1964 Ky. Acts <br>ch. 161, sec. 2. -- Amended 1960 Ky. Acts ch. 226, sec. 3. -- Created 1956 Ky. Acts <br>ch. 239, sec. 3.
