107.040 Public hearing -- Record -- Owners of affected property to be heard -- Written statements -- Vote -- Results to be included in report.
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person qualifying under the provisions of KRS 107.030 may preside and conduct such
hearing. Such presiding person, or any person whom he or she may designate, shall make
reasonable notes or minutes of the proceedings, and the same shall be submitted in
writing to a subsequent regularly scheduled meeting of the governing body. Any owner of
property intended to be benefited by the proposed improvement project may be heard at
such public hearing, in person or by a representative. Any such owner may submit to the
person presiding, or to the designated clerk, if one (1) be designated, a written instrument
in which such owner is identified by name, address, and designation of the property
owned, and containing a statement of any reason for advocating, or objecting to, any of
the aspects of the proposed improvement project as set forth in subsection (1), (2), (3), or
(4) of KRS 107.030, and such written instruments shall be attached to, or included in, the
written report of the hearing. Whether or not any such written instruments are submitted,
the person presiding at such hearing may require those in attendance to identify
themselves as owners of property to be benefited, or otherwise, and may call for a vote of
such identified owners, by secret ballot or show-of-hands, on any pertinent controversial
matter, and the results thereof shall be included in the subsequent written report to the
governing body. The presiding officer may impose reasonable rules upon the conduct of
the public hearing. Reports of local health agencies, summaries, engineering and health
reports and other informative data may be made a part of the public hearing. The hearing
may be adjourned to convene again, and from time to time, either at a time and place
announced at the hearing, or any adjourned session, or upon public notice of such time
and place, to be given in such manner as the person presiding may announce prior to the
adjournment. If no owners of property to be benefited by the proposed project appear at
such hearing, or if no substantial controversy develops at such hearing, regarding any of
the matters enumerated in subsection (1), (2), (3), or (4) of KRS 107.030, the hearing may
be adjourned sine die by the person presiding, and such facts shall be set forth in the
written report to the governing body. History: Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 13, sec. 12. -- Amended 1970 Ky. Acts ch. 92, sec. 22. -- Created 1956 Ky. Acts ch. 239, sec. 4.