KRS 67A.810: Procedure where no bids received on offered bonds.

If the urban -county government shall adopt the Third Ordinance, herein referred to, and

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

"improvement assessment bonds" for the project identified therein, and shall fail t o

receive 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 thereof,

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

price permitted by the said published notice, and bearing one (1) or more interest coupon

rates not exceeding the rate, or rates, permitted in the said published notice but only upon

the following conditions:

(1) The entire bond issue autho rized by the Third Ordinance may be awarded to the

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

by, the governing body of the urban -county government, of a written undertaking

(approval as to form and substance by t he government's duly designated legal

counsel):

(a) Agreeing to accept in full an 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 thereto as may be practicable)

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

event such bonds shall be the latest maturing and highest numbered of the

bonds authorized by the Third Ordinance), and

(b) Agreeing to pay to the urban-county government, in cash, the purchase price

of the bonds to the extent that the same exceeds the aggregate amount of the

contracts of the contractor, or contractors, who are signatories of such written

instrument; or

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

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

in payment thereof, approved as to form and substance by the urban -county

government's properly designated legal counsel, may be awarded to such contractor,

or contractors, in the event the urban -county government is able to, and does,

(within constitutional restrictions) appropriate from available funds a sum in cash

sufficient to defray all costs of the project, as def ined in KRS 67A.710 to 67A.825,

in excess of the amount of such construction contract, or the aggregate of the

several contracts. In such event, the sum so appropriated by the governing body of

the urban-county government shall be applied to the payment of such 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 placed by the urban -county

government, in escrow, with a responsible financial institution, with written

instructions that the same may be released to the contractor, or contractors, from

time to time, but in principal amount not exceeding seventy -five percent (7 5%) of

the amount certified in writing by the engineer, or engineers, to the said escrow

agent, and the urban -county government, to have been theretofore 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 such bonds may be

released and delivered to such contractor, or contractors.