{"data":{"id":"us-ky/krs-76.172","jurisdiction":"us-ky","citation":"KRS 76.172","heading":"Apportionment of construction costs -- Liens -- Apportionment warrants --","body":"Notice.\n(1) The ordinance providing for the construction of sewerage or drainage facilities and\nappurtenances shall describe the nature and kind of facilities to be furnished a nd\nshall describe the particular area benefited by said sewerage or drainage facilities.\n(2) The costs of the sanitary sewers, combined sewers, drains, and appurtenances shall\nbe assessed against the land in said benefited area according to the number of\nsquare feet in any lot or tract within the area described in the ordinance, or\naccording to any other equitable basis. If the square foot method of assessment is\nused, the rate of apportionment shall be the same for each square foot of land in said\nbenefited area, and shall be determined by dividing the cost of the assessable\nsanitary sewers, combined sewers, drains and appurtenances by the total area of all\nland benefited in the area. No property which has been assessed for collector lines\nshall be reassessed for the installation or reinstallation of collector lines.\n(3) The costs of property service connections from the sewer to the property line or\neasement line as required shall be assessed against the individual lots or tracts to\nwhich such property service connections are furnished. The costs to be assessed for\nthe property service connections shall be fixed by regulation of the metropolitan\nsewer district based on its experience of costs for such work.\n(4) All land included in said described territory s hall be assessed, except such property\ndedicated to use for public roadways and property owned by cities forming a district\npursuant to KRS 76.010, counties containing cities forming a district pursuant to\nKRS 76.010, and any joint agencies of such cities and counties.\n(5) When the board of a metropolitan sewer district determines that such construction\nof sanitary sewers, combined sewers, drains, appurtenances or property service\nconnections at the cost of the property owners shall be recommended to the board of\naldermen of a city of the first class, the metropolitan sewer district shall cause its\nengineering department to prepare complete drawings and specifications for the\nwork and to keep same available for inspection in its offices.\n(6) (a) The actual construction work of the sanitary sewers, combined sewers, drains,\nappurtenances or property service connections constructed pursuant to such\nordinance shall be done by, or under the control of, the metropolitan sewer\ndistrict.\n(b) The cost of the sanitary sewers, combined sewers, drains, appurtenances or\nproperty service connections shall include not only the actual construction\ncosts and the costs of any easements required for the sewers, but also costs of\nsurveys, designs, plans, specifications, advertisi ng, inspection and\nadministration; however, these costs other than actual construction costs and\ncosts of easements shall not exceed fifteen percent (15%) of the actual\nconstruction cost of the project. The costs of surveys, designs, plans,\nspecifications, advertising, inspection and administration, but not exceeding a\ntotal of fifteen percent (15%) of the actual construction costs and the cost of\nany easements shall be paid by the contractor to the metropolitan sewer\ndistrict at the completion of the work so that such costs may be included in the\napportionment warrants.\n(7) A lien superior to all liens except the liens for state, county, city, school and road\ntaxes and liens prior in time for other public improvements shall exist against the\nrespective lots or tracts of land for the cost of the sanitary sewers, combined sewers,\ndrains, appurtenances or property service connections for apportionment as\nhereinafter provided for, and interest thereon at the rate of six percent (6%) per\nannum.\n(8) No error in th e proceedings of the city legislative body shall exempt such property\nfrom payment after the work has been done as required by either the ordinance or\ncontract, but the city legislative body, or the courts in which suits shall be\nproceeding, shall make all  corrections, rules and orders to do justice to all parties\nconcerned. In no event, if the sanitary sewers, combined sewers, drains,\nappurtenances or property service connections are constructed as provided, by\nordinance or contract, shall the city or the metropolitan sewer district be liable for\nthe costs of the sanitary sewers, combined sewers, drains, appurtenances or property\nservice connections without the right to enforce such costs against the property\nreceiving the benefit.\n(9) Upon completion and acceptance of the sewer facility constructed, the metropolitan\nsewer district shall make out all apportionment warrants for which liens are given\nfor improvements of sewer facilities and shall immediately enter them in\nalphabetical order upon a register kep t for that purpose. When the holder of the\nwarrant has obtained payment, he shall notify the metropolitan sewer district and it\nshall mark upon the register the fact of payment.\n(10) The lien shall exist from the date of the apportionment warrant, but a li en shall not\nbe valid against a purchaser for a valuable consideration without notice, unless the\napportionment warrant is entered and registered within ten (10) days of its issuance.\n(11) After any sewer facilities have been constructed in conformity with  this section the\nmetropolitan sewer district shall give notice by publication pursuant to KRS\nChapter 424 of the costs apportioned, and the amounts assessed and levied on the\nvarious tracts of land liable for the payment.\n(12) When property is annexed to a city forming a district pursuant to KRS 76.010 and\nsubsequently is connected to a sewer owned or operated by the metropolitan sewer\ndistrict, payment shall be made to the district of a proportionate part of the\nconstruction co sts of the sewer on the basis that would apply if the sewer were\nbeing built within the corporate limits of the city by apportionment of costs against\nthe benefited area as provided in this section.\n(13) The district may construct sewerage or drainage faci lities in areas of the district\nlocated outside of the city of the first class by assessment, using the procedures set\nforth in this section, with the word \"ordinance\" being read as \"resolution,\" the\nwords \"board of aldermen\" being read as \"fiscal court,\" the words \"city legislative\nbody\" being read as \"fiscal court,\" and the word \"city\" being read as \"county.\"","path":["KRS Chapter 76"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=43637","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:49:35Z","sha256":"03bb67fe2833b39d0d6bb4965644dc7c499febd1f83235565da98212b9add23a","source_id":"us-ky","stale":false,"prev":"us-ky/krs-76.171","next":"us-ky/krs-76.173"},"notice":"GroundRules: Original legal text. Not legal advice."}