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(A) After the passage of time for the action provided for in § 33.21 or after favorable final judgment in any such action, whichever comes later, the city may proceed with the improvement or part thereof stayed by the action, including notice requiring payment of special assessment or installment thereon and bonds or other method proposed to finance the improvement. The first installment may be apportioned so that other payments will coincide with payment of ad valorem taxes.
(B) (1) The amount of any outstanding assessment or installments thereof on any property and accrued interest and other charges, constitutes a lien on the property to secure payment to the bondholders or any other source of financing of the improvement.
(2) The lien takes precedence over all other liens, whether created prior to or subsequent to the publication of the ordinance, except a lien for state and county taxes, general municipal taxes and prior improvement taxes, and is not defeated or postponed by any private or judicial sale, by any mortgage or by any error or mistake in the description of the property or in the names of the owners.
(3) No error in the proceedings of the Council shall exempt any benefitted property from the lien for the improvement assessment, or from payment thereof, or from the penalties or interest thereon, as herein provided.
(KRS 91A.280) (`96 Code, § 33.17)
The city may undertake any further proceedings to carry out the improvement or any extension or refinancing thereof, except that §§ 33.18 through 33.22 apply if additional property is included in the improvement or if change is made in the method or period of financing; but additional property may be included in the improvement with the consent of the owner thereof without compliance with other sections if it does not increase the cost apportioned to any other property or any other change may be made without compliance if all property owners of the improvement consent.
(KRS 91A.290) (`96 Code, § 33.18)
SELF-INSURANCE
(A) The city has, by Ord. 1987-6, duly enacted on June 10, 1987, authorized the execution of the interlocal cooperation agreement to establish the Kentucky Municipal Risk Management Association (the Interlocal Agreement), dated as of April 15, 1987, now known as the Kentucky League of Cities Insurance Services.
(1) The interlocal cooperation agreement has been duly executed by the Mayor and attested by the City Clerk-Treasurer and the city has become a party to the interlocal agreement and a member of the Kentucky League of Cities Insurance Services (KLCIS).
(2) The governing Board of Trustees of the KLCIS has created a General Insurance Trust (the Trust) as authorized by the interlocal agreement for the purpose of providing the KLCIS members with pooled self-insurance and/or third-party insurance coverages against various public liability and property damage risks.
(3) The city desires to become a participating member in the Trust and to obtain, from or through the Trust, public liability and property damage insurance coverages as are deemed advisable by the city.
(4) Under the terms of the interlocal agreement and the Articles of Association and By-Laws of the KLCIS, each member of the KLCIS must execute a binding trust participation agreement prior to becoming a participating member in the Trust.
(5) The city has been provided a copy of the trust participation agreement for the Kentucky League of Cities Insurance Services General Insurance Trust (the Trust Participation Agreement), which sets forth the authorities, rights, duties and liabilities of the city and the KLCIS in connection with the city’s participation in the Trust.
(6) The officials of the city have examined the trust participation agreement and are aware of the authorities, rights, duties and liabilities of the city and the KLCIS under the trust participation agreement.
(B) The participation by the city in the Trust and the purchase from or through the Trust of the public liability and property damage insurance coverages, as may be deemed advisable by the executive and legislative authorities of the city, are hereby approved.
(C) The Mayor is hereby authorized to execute and deliver, for and on behalf of the city, in connection with its participation in the Trust, the trust participation agreement, substantially in the form attached to Ord. 1987-8 as Exhibit A.
(`96 Code, § 33.30) (Ord. 1987-8, passed 8-4-1987)
COLLECTION OF OCCUPATIONAL TAXES
The county is hereby authorized to collect the taxes described in § 33.45 upon these terms:
(A) The taxes shall be collected by the County License Inspector, with joint administration of the Mayor of each participating city and the Judge-Executive of the county without a separate legal or administrative agency to be created.
(B) Other cities can begin participating on the first day of March, July, October or December of each year.
(C) The county is appointed agent to enforce and collect the occupational and business license tax, through the office of the County License Inspector or as administered by the joint cooperation as described above in division (A) of this section.
(D) The county shall provide the service and provide the pay for the space, equipment, utilities, supplies, time and labor necessary for the services listed below:
(1) Collection;
(2) Enforcement of criminal and administrative penalties; and
(3) Coordinate the collection through forms reporting procedure and single location for administration.
(E) The county shall, by the tenth of each calendar month:
(1) Pay the city the total of all taxes and fees collected by them, plus any interest earned, minus the fee for collection and a proportionate reimbursement fee; and
(2) Provide the city with a written accounting, including the date, amount, name and computation for each payment.
(F) The fee for collection shall be 1% of the amounts collected.
(G) (1) The proportionate reimbursement of 2% which shall be the initial county costs of $10,000, divided equally by the number of participating cities.
(2) Reimbursement for this cost, by credit, shall be made to the city as and if additional cities join the agreement.
(H) The city will hold other participating cities and the county harmless from liabilities and costs that are related to the city’s ordinance, not directly related to discretionary decision by the county or its Licensed Inspector and employees.
(I) The county will hold other participating cities and the city harmless from any liability and costs related to the discretionary decision of the county or its License Inspector or employees.
(J) The agreement may be terminated by the city upon:
(1) Payment in full of the city’s proportionate reimbursement costs;
(2) Serving a certified copy of the terminating ordinance on the county 180 days prior to termination.
(K) (1) Upon termination, all records and accounts of collection and enforcement of the taxes shall be delivered to the city.
(2) If all cities terminate, the interlocal agreement shall terminate.
(L) The agreement between the city, the county and the other cities shall be effective upon approval by the Attorney General.
(`96 Code, § 33.41) (Ord. 4-1993, passed 3-25-1993)
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