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(A) The city may not finance any improvements in whole or in part through special assessments except as provided in this subchapter and in any applicable statutes.
(KRS 91A.200)
(B) Pursuant to KRS 91A.220(2), the City Council hereby establishes the procedure for determining the cost of an improvement which shall be apportioned on a fair basis. The basis shall be the “Benefits Received Basis” as defined in KRS 91A.210.
(C) The city may provide for lump sum or installment payment of assessments or for bond or other long-term financing, and for any improvement may afford property owners the option as to method of payment or financing.
(KRS 91A.220) (1992 Code, § 33.11) (Ord. 13-83, passed 5-12-1983)
The cost of any improvement shall be apportioned on a benefits received basis with respect to any property owned by the state, a local unit of government, or any educational, religious or charitable organization. Council may assess such property in the same manner as for privately owned property or it may pay the costs so apportioned out of general revenues.
(KRS 91A.230) (1992 Code, § 33.12)
Before undertaking any improvements pursuant to this subchapter, the city shall prepare a comprehensive report setting out:
(A) The nature of the improvement;
(B) The scope and the extent of the improvement, including the boundaries or other description of the area to be assessed;
(C) The preliminary estimated cost of the improvement;
(D) The fair basis of assessment proposed;
(E) If financing of assessments if provided, the proposed method, including the proposed years to maturity of any bonds to be issued in connection with the improvement; and
(F) Such other information as may further explain material aspects of the improvement, assessments or financing.
(KRS 91A.240) (1992 Code, § 33.13)
(A) After preparation of the report required by § 33.23, the city shall hold at least one public hearing on the proposed improvement at which all interested persons shall be heard.
(B) Notice of the hearing shall be published pursuant to KRS Chapter 424, and mailed to each affected property owner by certified mail, return receipt requested, and shall include:
(1) The nature of the improvement;
(2) Description of area of the improvement;
(3) Statement that the city proposes to finance the improvement in whole or in part by special assessment of property and the method to be used;
(4) Time and place the report may be examined; and
(5) Time and place of the hearing.
(KRS 91A.250) (1992 Code, § 33.14)
Within 90 days of conclusion of the hearing, the city shall determine whether to proceed with the improvement by special assessments, and if it determines to proceed shall adopt an ordinance so stating and containing all necessary terms, including the items referred to in § 33.23 and a description of all properties. Promptly upon passage the city shall publish such ordinance pursuant to KRS Chapter 424 and shall mail by certified mail to each affected property owner a notice of determination to proceed with the project, the fair basis of assessment to be utilized, the estimated cost to the property owner, and the ratio the cost to each property owner bears to the total cost of the entire project.
(KRS 91A.260) (1992 Code, § 33.15)
(A) Within 30 days of the mailing of the notice provided for in § 33.25, any affected property owner may file an action in the Circuit Court of the county, contesting the undertaking of the project by special assessment, the inclusion of his or her property in the improvement, or the amount of his or her assessment. If the action contests the undertaking of the improvement by the special assessment method of the inclusion of the property of that property owner, no further action on the improvement insofar as it relates to any property owner who is a plaintiff shall be taken until the final judgment has been entered.
(B) The city may proceed with the improvement with respect to any properties whose owners have not filed or joined in an action as provided in this section or who have contested only the amounts of their assessments, and the provisions of the resolution are final and binding with respect to such property owners except as to contested amount of assessments. After the lapse of time as herein provided, all actions by owners of properties are forever barred.
(KRS 91A.270) (1992 Code, § 33.16)
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