KRS § 184.357 — KY Code / Title XV / Chapter 184 / Section 184.357
184.357 Improvements -- Hearing requirements -- Contracts
Status: in_force

184.357 Improvements -- Hearing requirements -- Contracts.

(1) The board of trustees of a transportation improvement district may provide for the

construction, reconstruction, improvement, alteration, or repair of any road,

highway, public place, building, or other infrastructure, if the board determines that

the public improvement will benefit the area where it will be constructed,

reconstructed, improved, altered, or repaired.

(2) Contracts for the improvements made under this section may provide that the

improvement may be owned by the district or by the person or corporation

supplying it to the district under a lease.

(3) If the board of trustees of a district proposes an improvement described in

subsection (1) of this section, the board shall conduct a hearing on the proposed

improvement. The board shall indicate the area by metes and bounds in which the

public improvement will be made and the area that will benefit from the

improvement.

(4) (a) The board of trustees shall fix a day for a hearing on the proposed

improvement. The secretary-treasurer of the board shall deliver, to each owner

of a parcel of land or a lot that the board identifies as benefiting from the

proposed improvement, a notice that sets forth the substance of the proposed

improvement and the time and place of the hearing on it.

(b) At least fifteen (15) days before the date set for the hearing, a copy of the

notice shall be served upon the owner or left at the owner's usual place of

residence, or, if the owner is a corporation, upon an officer or agent of the

corporation.

(c) On or before the day of the hearing, the person serving notice of the hearing

shall make return thereon, under oath, of the time and manner of service, and

shall file the notice with the secretary-treasurer of the board.

(d) At least fifteen (15) days before the day set for the hearing on the proposed

improvement, the secretary-treasurer shall give notice to each nonresident

owner of a lot or parcel of land in the area to be benefited by the improvement

by publication once in a newspaper of general circulation in any counties in

which this area is located. The publication of the notice shall be verified by

affidavit of the printer or other person having knowledge of the publication

and shall be filed with the secretary-treasurer of the district on or before the

date of the hearing.

(e) After the public hearing outlined in this subsection, the district shall present

the improvement, including all relevant details, along with a summary of the

public hearing, to the body or bodies that established the district. Each of

those bodies must approve the project prior to the district being able to

proceed.

(5) (a) At the time and place specified in the notice for a hearing on the proposed

improvement, the board of trustees of the district shall meet and hear any and

all testimony provided by any of the parties affected by the proposed

improvement and by any other persons competent to testify.

(b) The board or its representatives shall inspect, by an actual viewing, the area to

be benefited by the proposed improvement. The board shall determine the

necessity of the proposed improvement and may find that the proposed

improvement will result in general as well as special benefits.

(6) (a) The board may award contracts or enter into a lease agreement for the

construction, reconstruction, improvement, alteration, or repair of any

improvement described in subsection (1) of this section and may issue notes,

bonds, revenue anticipatory instruments, or other obligations, as authorized by

KRS 184.350 to 184.395, to finance the improvements.

(b) If the board finds that the improvement will result in general or special

benefits to the benefited area, it may request the body or bodies that created

the district to establish a local development area in accordance with KRS

65.7041 to 65.7083 to allow for tax increment financing to help defray the

cost of the project.

(c) Costs and expenses may also be paid from the treasury of the district or from

other available sources in amounts the board finds appropriate.