KRS § 76.172 — KY Code / Title IX / Chapter 76 / Section 76.172
76.172 Apportionment of construction costs -- Liens -- Apportionment warrants -- Notice
Status: in_force

76.172 Apportionment of construction costs -- Liens -- Apportionment warrants --

Notice.

(1) The ordinance providing for the construction of sewerage or drainage facilities and

appurtenances shall describe the nature and kind of facilities to be furnished and

shall describe the particular area benefited by said sewerage or drainage facilities.

(2) The costs of the sanitary sewers, combined sewers, drains, and appurtenances shall

be assessed against the land in said benefited area according to the number of

square feet in any lot or tract within the area described in the ordinance, or

according to any other equitable basis. If the square foot method of assessment is

used, the rate of apportionment shall be the same for each square foot of land in said

benefited area, and shall be determined by dividing the cost of the assessable

sanitary sewers, combined sewers, drains and appurtenances by the total area of all

land benefited in the area. No property which has been assessed for collector lines

shall be reassessed for the installation or reinstallation of collector lines.

(3) The costs of property service connections from the sewer to the property line or

easement line as required shall be assessed against the individual lots or tracts to

which such property service connections are furnished. The costs to be assessed for

the property service connections shall be fixed by regulation of the metropolitan

sewer district based on its experience of costs for such work.

(4) All land included in said described territory shall be assessed, except such property

dedicated to use for public roadways and property owned by cities forming a district

pursuant to KRS 76.010, counties containing cities forming a district pursuant to

KRS 76.010, and any joint agencies of such cities and counties.

(5) When the board of a metropolitan sewer district determines that such construction

of sanitary sewers, combined sewers, drains, appurtenances or property service

connections at the cost of the property owners shall be recommended to the board of

aldermen of a city of the first class, the metropolitan sewer district shall cause its

engineering department to prepare complete drawings and specifications for the

work and to keep same available for inspection in its offices.

(6) (a) The actual construction work of the sanitary sewers, combined sewers, drains,

appurtenances or property service connections constructed pursuant to such

ordinance shall be done by, or under the control of, the metropolitan sewer

district.

(b) The cost of the sanitary sewers, combined sewers, drains, appurtenances or

property service connections shall include not only the actual construction

costs and the costs of any easements required for the sewers, but also costs of

surveys, designs, plans, specifications, advertising, inspection and

administration; however, these costs other than actual construction costs and

costs of easements shall not exceed fifteen percent (15%) of the actual

construction cost of the project. The costs of surveys, designs, plans,

specifications, advertising, inspection and administration, but not exceeding a

total of fifteen percent (15%) of the actual construction costs and the cost of

any easements shall be paid by the contractor to the metropolitan sewer

district at the completion of the work so that such costs may be included in the

apportionment warrants.

(7) A lien superior to all liens except the liens for state, county, city, school and road

taxes and liens prior in time for other public improvements shall exist against the

respective lots or tracts of land for the cost of the sanitary sewers, combined sewers,

drains, appurtenances or property service connections for apportionment as

hereinafter provided for, and interest thereon at the rate of six percent (6%) per

annum.

(8) No error in the proceedings of the city legislative body shall exempt such property

from payment after the work has been done as required by either the ordinance or

contract, but the city legislative body, or the courts in which suits shall be

proceeding, shall make all corrections, rules and orders to do justice to all parties

concerned. In no event, if the sanitary sewers, combined sewers, drains,

appurtenances or property service connections are constructed as provided, by

ordinance or contract, shall the city or the metropolitan sewer district be liable for

the costs of the sanitary sewers, combined sewers, drains, appurtenances or property

service connections without the right to enforce such costs against the property

receiving the benefit.

(9) Upon completion and acceptance of the sewer facility constructed, the metropolitan

sewer district shall make out all apportionment warrants for which liens are given

for improvements of sewer facilities and shall immediately enter them in

alphabetical order upon a register kept for that purpose. When the holder of the

warrant has obtained payment, he shall notify the metropolitan sewer district and it

shall mark upon the register the fact of payment.

(10) The lien shall exist from the date of the apportionment warrant, but a lien shall not

be valid against a purchaser for a valuable consideration without notice, unless the

apportionment warrant is entered and registered within ten (10) days of its issuance.

(11) After any sewer facilities have been constructed in conformity with this section the

metropolitan sewer district shall give notice by publication pursuant to KRS

Chapter 424 of the costs apportioned, and the amounts assessed and levied on the

various tracts of land liable for the payment.

(12) When property is annexed to a city forming a district pursuant to KRS 76.010 and

subsequently is connected to a sewer owned or operated by the metropolitan sewer

district, payment shall be made to the district of a proportionate part of the

construction costs of the sewer on the basis that would apply if the sewer were

being built within the corporate limits of the city by apportionment of costs against

the benefited area as provided in this section.

(13) The district may construct sewerage or drainage facilities in areas of the district

located outside of the city of the first class by assessment, using the procedures set

forth in this section, with the word "ordinance" being read as "resolution," the

words "board of aldermen" being read as "fiscal court," the words "city legislative

body" being read as "fiscal court," and the word "city" being read as "county."