KRS 67A.875: Determination of need by ordinance -- Preliminary planning procedures --

Ordinance of initiation.

(1) Any urban-county government which determines that the public health, safety, and

general welfare requires construction of a wastewater collection pro ject and which

proposes to undertake, authorize, construct, and finance a wastewater collection

project pursuant to KRS 67A.871 to 67A.894 shall, by appropriate ordinance of its

urban-county council make such determinations and cause preliminary plans,

designs, specifications, and financial planning for such project to be prepared by

one (1) or more engineers, or one (1) or more firms of engineers, licensed to do

business in the Commonwealth of Kentucky. Alternatively, such preliminary

procedures may be ac complished directly by duly -qualified government personnel.

A preliminary engineering and financing report shall be prepared in writing by such

engineers for submission to the government.

(2) The preliminary engineering and financing report shall, design ate a geographical

area in which a wastewater collection project is recommended for construction,

contain a reasonable description of the project facilities proposed to be constructed,

contain a statement as to benefits to be conferred by the proposed proj ect and the

distribution of such benefits and contain an estimate of the costs of the proposed

project. The urban -county council of such government shall receive such

preliminary engineering and financing report at a regular meeting, shall thereafter

study and evaluate the same, and by duly -enacted ordinance either approve the

preliminary engineering and financing report as submitted, disapprove such report,

or amend and approve same in its sound discretion.

(3) Upon approval of the preliminary engineerin g and financing report, or amendment

thereof and approval thereof as amended, by the urban -county council of such

urban-county government, such council shall formally initiate proceedings for the

acquisition and financing of the proposed wastewater collect ion project by the

enactment of an ordinance to be designated as the ordinance of initiation, in which

public announcement shall be made of the wastewater collection project proposed

to be acquired, constructed, and financed, the identification of properti es proposed

to be benefited by such project, which benefited properties may be identified by

naming the public way upon which the benefited properties abut, if any, or by

geographical location, or by metes and bounds or other appropriate description. The

ordinance of initiation shall recite the nature and scope of the wastewater collection

project being initiated by the government, shall give a preliminary estimate of the

costs thereof, shall determine that each lot, parcel and tract of land named and

identified in the ordinance of initiation as benefited property shall be afforded

benefits by the project unless specifically excluded by such ordinance and shall

order that a public hearing be held in respect of the proposed wastewater collection

project.

(4) In all succeeding proceedings, the government shall be bound and limited by the

ordinance of initiation with regard to the nature, scope and extent of the proposed

wastewater collection project, but shall not be bound by or limited to the

preliminary estimate of the costs of the proposed project. The costs of such project

shall be determined upon the basis of construction bids publicly solicited by such

urban-county government as required by KRS 67A.871 to 67A.894, and shall be

binding upon the government and upon the owners of benefited properties, whether

they turn out to be equal to, below, or above, such preliminary estimate of costs.

(5) In the ordinance of initiation, the urban -county council shall make findings of fact

regarding the degree and nature of benefit which will accrue to benefited properties

by the installation of the project. In the event the urban -county council determines

as a fact that groups of benefited properties, or all benefited properties, will be

affected and benefited in sub stantially the same manner and to substantially the

same degree, such urban -county council may determine that it is appropriate to

classify benefited properties into one or more assessment zones based upon the

similarity of benefits to be derived by benefi ted properties from installation of the

project, and in such case, the urban -county council may deem all benefited

properties within a particular assessment zone to be equally benefited and therefore

equally treated for purposes of levying improvement bene fit assessments to provide

funds to pay the costs of the project. It is the intent of KRS 67A.871 to 67A.894 to

vest in the urban -county council of any urban -county government undertaking a

project, authority to make findings of fact in order to classify properties according

to benefits conferred from the construction of projects, and such urban -county

council may, as aforesaid, by appropriate ordinance, determine that identified

groups of benefited properties will be benefited similarly by a project and s hall

therefore be treated equally for purposes of levying improvement benefit

assessments upon such benefited properties. The urban -county council may accept

and rely upon any pertinent data in making such findings of fact, including, the size

and diamete r of sanitary sewer service connections to be made available. In the

event the urban-county council of the government shall determine that all properties

situated within a particularly described classification or zone shall not receive

substantially equal benefits from the project, the urban -county council shall

determine in the ordinance of initiation that such properties shall be assessed for

benefits conferred based upon the relative assessed land valuation of each benefited

property as it relates to th e aggregate assessed land valuation of all benefited

properties within such particularly described classification or zone initially, when

property owners shall be afforded the opportunity to pay improvement benefit

assessments on a lump sum basis, and subs equently, during each annual period

when bonds issued to provide for payment of costs of the project not paid by lump

sum payments shall be outstanding. Findings of fact made by any urban -county

council in accordance with the provisions of this section sh all be entitled to a

presumption of regularity and accuracy when based upon receipt of, and

consideration of, factual data and information described in this section.

(6) The ordinance of initiation shall provide that a public hearing shall be held in

respect of the proposed project at a time and place which shall be specified in the

ordinance of initiation, and shall give notice that at the public hearing any owner of

benefited property may appear and be heard as to whether the proposed project

should be undertaken, whether the nature and scope of the project should be altered,

and whether the project shall be financed through the assessment of benefited

properties and issuance of bonds in respect of assessments not paid on a lump sum

basis, all as proposed by the ordinance of initiation and as authorized by KRS

67A.871 to 67A.894.

(7) The ordinance of initiation shall be published pursuant to KRS Chapter 424, and

shall designate an individual, who shall be a member of the urban -county council or

any govern ment officer, to preside at the public hearing. In the absence of a

designation in the ordinance of initiation, the mayor of the government shall preside

at the public hearing. Notwithstanding the foregoing, the public hearing shall not be

deemed irregul ar or improper if it is in fact presided over and conducted at the

designated time and place by any official of the urban-county government.