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67A.730 First Ordinance -- Contents -- Hearing.

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67A.730 First Ordinance -- Contents -- Hearing. If an urban-county government desires to authorize, construct, and finance an <br>improvement pursuant to the provisions of KRS 67A.710 to 67A.825, its governing body <br>shall initiate the proceedings by adopting an ordinance, herein called the &quot;First <br>Ordinance,&quot; in which announcement shall be made of the proposed improvement in such <br>manner as to identify the benefited properties which properties may be identified by <br>naming the public way or ways upon which they abut, if any, or by geographical location, <br>or both. In either case the ordinance shall recite the nature and scope of the improvement, <br>a preliminary estimate of the costs thereof, as submitted in writing by an engineer, or firm <br>of engineers, holding a license from the Commonwealth of Kentucky, and the amount, if <br>any, which the urban-county government proposes to appropriate from available funds <br>toward the estimated cost. In all succeeding proceedings, the urban-county government <br>shall be bound and limited by the preliminary report of the engineer, or engineers, with <br>regard to the nature, scope, and extent of the proposed improvement project (unless the <br>First Ordinance be amended); but shall not be bound by, or limited to, the preliminary <br>estimate of costs. The costs shall be determined upon the basis of construction bids <br>publicly solicited as hereinafter provided, and shall be binding upon the urban-county <br>government, and upon the owners of property to be benefited by the proposed <br>improvement project, whether the same turn out to be equal to, below, or above such <br>preliminary estimate. Architects, engineers, and fiscal agents may be employed without <br>advertising or competition. The First Ordinance shall provide for a public hearing at a <br>time and place specified therein (not less than one (1) week after publication) and shall <br>give notice that at the hearing any owner of property to be benefited may appear and be <br>heard as to: <br>(1) Whether the proposed project should be undertaken or abandoned, and <br>(2) Whether the nature and scope of the project shall be altered. The First Ordinance shall be published pursuant to KRS Chapter 424. The First Ordinance may <br>designate a person, who may be the mayor, a member of the governing body, or any <br>official of the urban-county government, to preside at and conduct such public <br>hearing. In the absence of a designation in the ordinance, the mayor, or a person <br>designated by the mayor shall preside. Notwithstanding the foregoing, the public <br>hearing shall not be deemed irregular or improper if it is in fact presided over and <br>conducted at the designated time, and place by any elected officer or member of the <br>governing body. Any owner of property intended to be benefited by the proposed <br>improvement project may be heard at such public hearing, in person or by a <br>representative. Effective: June 21, 1974 <br>History: Created 1974 Ky. Acts ch. 394, sec. 5, effective June 21, 1974.