KRS 107.080: Construction contracts -- Bids -- Performance bond -- Wastewater

collection project assessments -- Bonds.

(1) Proposals for the construction of the project shall be solicited upon the basis of the

submission of sealed competitive bids after advertisem ent, by publication pursuant

to KRS Chapter 424. Upon or after the acceptance by the governing body of a bid,

or combination of bids, the governing body may determine the principal amount of

bonds to be issued for the proposed project, taking into account the amount of the

accepted bid or bids, and all other costs of the project, as herein defined. Each

contract shall be supported by a performance bond for the full amount thereof, with

good surety to be approved by the governing body. In the construction of a

wastewater collection project by a metropolitan sewer district, if the provisions of

KRS 107.070 are met, proposals for the construction of the project shall be solicited

upon the basis of submission of sealed, competitive bids after advertisement by

publication pursuant to KRS Chapter 424. The district may authorize assessment

levies, lump -sum payments and issuance of bonds for a project based upon

estimates of construction costs or based upon partial bidding, if a determination is

made that the entire project may not be feasibly bid for construction prior to

authorization and issuance of bonds. Notwithstanding the foregoing, the project

shall be constructed only upon or after the acceptance by the board of a competitive

bid or a combination of competiti ve bids for construction of the project. Each

contract for construction shall be supported by a performance bond for the full

amount with good corporate surety to be approved by the board of the district.

(2) After all costs of a wastewater collection proj ect undertaken by a metropolitan

sewer district have been determined in accordance with this section the costs shall

be apportioned among the owners of benefited property by the method of

assessment previously determined in the first ordinance and the seco nd ordinance.

However, in determining the apportionment of individual costs for purposes of

allowing the owners of benefited property the privilege of paying such assessment

levied in full on a lump -sum basis, the district shall exclude amounts required fo r

the creation of the debt service reserve fund, capitalized interest cost, and any bond

discount which the district may allow in connection with the sale of bonds to

provide funds for the cost of construction not paid initially by the owners of

benefited properties on a lump -sum basis. In calculating the assessment amount to

be paid by a property owner on a lump-sum basis, the district shall take into account

the amount of interest the lump -sum payment may accrue in the trust account

required by subsection (4) of this section between the time of the owner's payment

and the time the construction of the collector portion of the project is completed and

ready for use by the assessed property and shall reduce the amount of the lump -sum

payment accordingly.

(3) The owners of benefited property in wastewater collection projects undertaken by a

metropolitan sewer district shall be notified in writing of the exact amount levied by

the district against their individual properties. Owners may pay the amount levied in

full within ninety (90) days. Owners shall be notified that if the costs of

construction of the original project exceed assessments financed by both lump -sum

payments and bond proceeds, additional assessments of costs will be made and that

all owners who p aid the initial improvement benefit assessment on a lump -sum

basis must likewise pay any additional assessment on such basis. The statement

shall also advise the owners that if the owners do not elect to pay the special

improvement benefit assessment in fu ll within the period of ninety (90) days from

receipt, the district shall issue bonds pursuant to KRS Chapters 76 and 107 for the

purpose of providing the costs of construction of the project, including the debt

service reserve fund, if paid from bond proc eeds, capitalized interest costs, any

bond discount, together with all other costs, as such term is defined in KRS

Chapters 76 and 107. The owners of benefited property shall also be advised that

such bonds and their interest shall be amortized by annual i mprovement benefit

assessment levied against all benefited properties, for which lump -sum payments

have not been paid, in accordance with the method of apportionment provided by

the first ordinance and the second ordinance.

(4) At the conclusion of the nin ety (90) days permissive lump-sum payment period, the

district board in wastewater collection projects shall determine the aggregate

principal amount of assessments paid in full by owners of benefited properties and

shall deposit these moneys in a trust ac count to be used solely to pay the costs of

construction of the project. These moneys shall not be disbursed until bond

proceeds are available. The district board shall aggregate all unpaid improvement

benefit assessments for the purposes of determining th e principal amount of bonds

to be issued by such district to provide the remaining costs of the project. The

district board also: (a) shall compute the debt service reserve fund in respect of such

bonds, if such fund is to be capitalized from bond proceeds ; (b) shall determine the

bond discount and capitalized interest which shall be applicable to the issue of

bonds; and (c) shall proceed to complete the financing of the costs of construction

of the project through the adoption of the third ordinance as pro vided in KRS

107.090 and the sale of bonds authorized pursuant thereto. If, by reason of

miscalculation or unforeseen events, the proceeds of the bonds authorized plus

lump-sum payments previously collected should prove to be insufficient to provide

for the completion of the project and full payment of all costs, the district shall be

required to levy pro rata an additional assessment on owners of all benefited

properties. The district shall collect sufficient additional lump -sum payments and

shall issue and sell sufficient additional bonds to make up the deficiency. Any such

additional bonds shall rank on a parity as to security and source of payment with the

bonds originally authorized.