KRS § 67A.877 — KY Code / Title IX / Chapter 67A / Section 67A.877
67A.877 Benefited properties -- Later-connecting properties
Status: in_force

67A.877 Benefited properties -- Later-connecting properties.

(1) The properties to be benefited by construction of a wastewater collection project

shall consist of all real properties which are thereby afforded a means of draining

wastewater from such properties, whether such real properties consist of

unimproved land or contain improvements. Benefited properties shall include all

real properties which are directly contiguous and abutting to any proposed sewer,

lateral, main, outfall line, transmission line, interceptor, sewer easement to contain a

project facility, or other project facility into which sanitary discharge and drainage

of wastewater may be accomplished, whether the project sewer facility be

constructed by application of the proceeds of the bonds or from funds otherwise

made available by the government. Provided, however, the urban-county council of

the government undertaking a project may adopt reasonable rules and regulations in

respect of benefited property, and may exclude real properties which the urban-

county council deems appropriate for exclusion because of location, size or other

special circumstances.

(2) The urban-county council of the government may determine, either in the ordinance

of initiation or in subsequent proceedings, the necessity and desirability in the

interests of the public health, safety and general welfare, that properties other than

the benefited properties be permitted to connect to a wastewater collection project

in the future, and may make equitable provisions which may be adjustable from

year to year as bonds are retired, whereby the owners of such later-connecting

properties may, by paying charges for the privilege of connecting and by assuming

assessment obligations, be placed as nearly as practicable on a basis of financial

equity with the owners of property initially provided to be benefited and assessed.

(3) Benefited property owned by any city, county, or urban-county government (or

owned by the United States of America or any of its agencies, if such property is

subject to assessment by Act of Congress), shall be assessed annually the same as

private property, and the amount of the annual assessment shall be paid by the city,

county, urban-county government or United States government, as the case may be.

(4) Benefited property owned by the Commonwealth of Kentucky, except property the

title to which is vested in the Commonwealth for the benefit of a district board of

education pursuant to KRS 162.010, shall be assessed as follows: Before assessing

the Commonwealth, the urban-county council shall serve written notice on the

secretary of the Finance and Administration Cabinet of the Commonwealth, setting

forth specific details, including the estimated aggregate total amount of any

improvement benefit assessment proposed to be levied against any property of the

Commonwealth relative to the project. Said written notice shall be served prior to

the next even-numbered-year regular session of the General Assembly of Kentucky

so that the amount of any specific improvement assessment may be included in the

biennial executive branch budget recommendation to be submitted to the General

Assembly. Payment of any assessment shall be made only from funds specifically

appropriated for that assessment. If an amount sufficient to pay the total amount of

an assessment has been appropriated, then the total amount shall be paid, as and

when due. If an amount sufficient only to pay annual assessment has been

appropriated, then only the amount of the annual assessment shall be paid. The

amount of the assessment shall be certified by the commissioner of finance of the

urban-county government to the Finance and Administration Cabinet, which shall

thereupon draw a warrant upon the State Treasurer payable to the government and

the State Treasurer shall pay the same.

(5) In the case of property the title to which is vested in the Commonwealth for the

benefit of a district board of education, the amount of the annual assessment shall

be paid by the city, county, urban-county government or other local governmental

agency or authority which represents the taxing authority of such board of

education.

(6) No benefited property shall be exempt from assessment, except as herein provided.