{"data":{"id":"us-ky/krs-107.030","jurisdiction":"us-ky","citation":"KRS 107.030","heading":"Procedure for use of alternate method.","body":"If a municipality desires to authorize, construct, and finance an improvement pursuant to\nthis chapter, its governing body shall initiate the proceedings by adopting an ordinance,\nherein called the \"First Ordinance,\" in which announcement shall be made of the public\nway or ways (which need not be contiguous) proposed to be improved and the\ngeographical limits of the proposed improvement in such manner as to identify the\nbenefited properties or the identity of the property or properties to be benefited by the fire\nhydrant in a city or by the sewer installations (which may include a sewage treatment\nplant) which properties may be identified by naming the public way or ways upon which\nthey abut, if any, or by geographical location, or both. In either case the o rdinance shall\nrecite the nature and scope of the improvement, a preliminary estimate of the costs\nthereof, as submitted in writing by an engineer, or firm of engineers, holding a license\nfrom the Commonwealth of Kentucky, and the amount, if any, which the  city proposes to\nappropriate from available city funds toward the estimated cost. Any metropolitan sewer\ndistrict desiring to initiate a wastewater collection project pursuant to this chapter shall,\nby order of its board cause a written preliminary engine ering and financing report to be\nprepared by one (1) or more engineers, or one (1) or more firms of engineers, licensed to\ndo business in the Commonwealth of Kentucky, or alternatively, by district personnel, for\nsubmission to the district. The preliminary  engineering and financing report shall\ndesignate a geographical area in which a wastewater collection project is recommended\nfor construction. The report shall contain a reasonable description of the project facilities\nproposed to be constructed, a statem ent as to benefits to be conferred by the proposed\nproject, the distribution of the benefits and an estimate of the cost of the proposed project.\nThe board of the district shall receive the preliminary engineering and financing report at\na regular meeting. The board shall study and evaluate it, and by duly entered order either\napprove, disapprove the report as submitted, or amend and approve the report. Following\napproval of the preliminary engineering and financing report by the board of the\nmetropolitan s ewer district, the board shall formally initiate proceedings for the\nconstruction and financing of the proposed wastewater collection project. This\nannouncement shall identify all benefited properties by naming the public way upon\nwhich such benefited prop erties abut, if any, or by geographical location, or by other\nappropriate description. The first ordinance shall describe the nature, scope and\npreliminary cost estimate of the wastewater collection project being proposed. The\nordinance shall determine that each parcel of land identified as benefited property shall be\nafforded benefits by the projects unless specifically excluded. A public hearing shall be\nheld in respect of the proposed wastewater collection project. In all succeeding\nproceedings, the city shall be bound and limited by the preliminary report of the engineer,\nor engineers, with regard to the nature, scope, and extent of the proposed improvement\nproject (unless the first ordinance be amended, as hereinafter provided); but shall not be\nbound by, or limited to, the preliminary estimate of costs. The costs shall be determined\nupon the basis of construction bids publicly solicited as hereinafter provided, and shall be\nbinding upon the city, and upon the owners of property to be benefited by the pr oposed\nimprovement project, whether the same turn out to be equal to, below, or above such\npreliminary estimate. Architects, attorneys, consultants, engineers, and fiscal agents shall\nbe employed after reasonable advertisement of the need for their service s and with such\ncompetition as is permitted by law. In a first ordinance for a wastewater collection\nproject, the board of a metropolitan sewer district shall make findings of fact regarding\nthe degree and nature of the benefit which will accrue to benefit ed properties by the\ninstallation of the project. If the board determines as a fact that groups of or all of the\nbenefited properties will be affected and benefited in substantially the same manner and\nto substantially the same degree, the board may classify such benefited properties into one\n(1) or more assessment zones based upon the similarity of benefits to be derived. In such\ncase, the board may deem all benefited properties within a particular assessment zone to\nbe equally benefited and therefore equa lly treated for purposes of levying improvement\nbenefit assessments for amortization of bonds issued to provide funds to pay the costs of\nthe project. It is the intent of KRS Chapters 76 and 107 to vest in the board of any\nmetropolitan sewer district under taking a project authority to make findings of fact in\norder to classify properties according to benefits conferred from the construction of\nprojects. The board may, by appropriate order, determine that identified groups of\nbenefited properties will be ben efited in substantially the same manner by a project and\nthese properties shall be treated equally for purposes of annual improvement benefit\nassessment of such benefited properties. The board may rely upon any pertinent data in\nmaking such findings of fac t, including the size and diameter of sanitary sewer service\nconnections to be made available. If the board of the district determines that all properties\nsituated within a particularly described geographic area will not receive substantially\nequal benefits from the project, the board shall determine in the first ordinance that such\nproperties shall be annually assessed for benefits conferred based upon the relative\nassessed land valuation of each benefited property as it relates to the aggregated assessed\nland valuation of all benefited properties within such particularly described geographic\narea. Whichever basis of assessment is selected, it shall be used both initially, when land\nowners may pay improvement benefit assessments in a lump sum, and subsequen tly\nduring each annual period in which project bonds are outstanding if a lump -sum payment\nis not paid. The first ordinance shall provide for a public hearing at a time and place\nspecified therein (not less than one (1) week after publication) and shall give notice that at\nthe hearing any owner of property to be benefited may appear and be heard as to:\n(1) Whether the proposed project should be undertaken or abandoned;\n(2) Whether the nature and scope of the project shall be altered;\n(3) Whether the project  shall be financed through the issuance of bonds according to\nthe \"assessed value basis,\" authorized by this chapter; or\n(4) Whether the project shall be financed through assessments made and apportioned\non a front -foot basis, as may otherwise be authorize d by law. The first ordinance\nshall be published pursuant to KRS Chapter 424. The first ordinance may designate\na person, who may be the mayor, a member of the governing body, or any city\nofficial, to preside at and conduct such public hearing. In the abse nce of a\ndesignation in the ordinance, the mayor or a person designated by the mayor shall\npreside. Notwithstanding the foregoing, the public hearing shall not be deemed\nirregular or improper if it is in fact presided over and conducted at the designated\ntime and place by any elected city officer or member of the governing body.","path":["KRS Chapter 107"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=48690","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:50:09Z","sha256":"a631a38b15c3e8e9ec5544879773bbed1642928223d1c4a661fcce59dfd746af","source_id":"us-ky","stale":false,"prev":"us-ky/krs-107.020","next":"us-ky/krs-107.040"},"notice":"GroundRules: Original legal text. Not legal advice."}