KRS 107.200: Procedure by city where no bids received on offered bonds.

If any city of the classes referred to in this chapter shall adopt the third ordinance and

shall publicly solicit the submission of bids or proposals for the purchasing of its

"improvement assessment bonds" for the project identified, and shall fail to rec eive a bid

upon terms of price and/or interest coupon rate, or rates, conforming to the published

notice and acceptable to the governing body, the bonds, or a portion of the bonds, may be

awarded to the contractor, or contractors, at a price of not less th an the minimum price

permitted by the published notice, but only upon the following conditions:

(1) The entire bond issue authorized by the third ordinance may be awarded to the

contractor, or contractors, if it or they shall submit to, and obtain formal a pproval

by, the governing body of the city, of a written undertaking (approved as to form

and substance by the city's duly designated legal counsel):

(a) Agreeing to accept in full and agreed payment of the amount, or the aggregate

of the amounts, of their respective contracts, bonds as authorized by the third

ordinance equal in principal amount (or as near as may be practicable) to the

amount, or the aggregate of the amounts of their contracts (in which event the

bonds shall be the latest maturing and high est numbered of the bonds

authorized by the third ordinance); and

(b) Agreeing to pay to the city, in cash, the purchase price of the bonds to the

extent that the bonds exceed the aggregate amount of the contracts of the

contractor, or contractors, who are signatories of the written instrument; or

(2) Bonds equal to the amount, or amounts, of the contracts of the contractor, or

contractors, who are signatories of a written instrument agreeing to accept the same

in payment of the bonds, approved as to form a nd substance by the city's properly

designated legal counsel, may be awarded to a contractor, or contractors, in the

event the city is able to, and does, (within constitutional restrictions) appropriate

from available funds a sum in cash sufficient to defr ay all costs of the project, as

defined in this chapter, in excess of the amount of the construction contract, or the

aggregate of the several contracts. In that event, the sum so appropriated by the

governing body of the city shall be applied to the payment of the costs;

(3) In the event of procedure as set forth in either subsection (1) or (2) of this section,

the bonds awarded to the contractor, or contractors (other than those paid for in cash

as set forth in the foregoing subsection (1)), shall be plac ed by the city, in escrow,

with a responsible financial institution, with written instructions that the bonds may

be released to the contractor, or contractors, from time to time, but in principal

amount not exceeding seventy-five percent (75%) of the amount certified in writing

by the engineer, or engineers, to the escrow agent, and the city, to have been earned

by and payable to the identified contractor, or contractors, under the terms and

conditions of their respective contracts. Upon final approval and acceptance of the

project by the governing body, the reserved twenty -five percent (25%) of the bonds

may be released and delivered to the contractor, or contractors.