107.050 Procedure following public hearing -- Second ordinance. - Kentucky Statutes

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107.050 Procedure following public hearing -- Second ordinance. (1) At a subsequent regular meeting of the governing body, the said written report of said public hearing shall be publicly received, read, and considered by the
governing body of the city. At such meeting, or at any subsequent properly
convened regular, adjourned or special meeting, owners of properties to be
benefited may again be heard, in person or by a representative, and the governing
body may adopt an ordinance (hereinafter referred to as the "Second Ordinance"),
which may provide for (a) abandonment of the project, or (b) the undertaking of the
proposed project, with provision for the financing thereof according to the "assessed
value basis" set forth in this chapter, or (c) the undertaking of the project, with
provision for the financing thereof according to any other method which may be
permitted by law, or (d) altering the nature and scope of the proposed project, in
which event the procedure for public hearing and a further report shall be repeated
according to the preceding provisions of this chapter. If the governing body shall
determine that the owners of more than fifty percent (50%), both in number of lots
or parcels and in aggregate assessed value of the properties to be benefited by the
project, object to the financing thereof through annual assessments levied upon the
"assessed value basis," as authorized in this chapter, the governing body may enact
the second ordinance only upon the affirmative vote of members constituting not
less than three-fifths (3/5) of the membership of the governing body, the names of
the members so voting to be recorded in the minutes of the meeting whether or not
there be any other requirement of such procedure in any other law applicable to the
class of city in question. The second ordinance shall be published as provided in
this chapter with respect to publication of the first ordinance. (2) Before the second ordinance for a wastewater collection project adopted by the board of a metropolitan sewer district shall become effective, the following shall
take place: (a) if the benefited property is situated outside a city of the first class, the
second ordinance shall also be adopted by appropriate ordinance or resolution of the
fiscal court of the county in which the district is situated, or (b) if the benefited
property is situated within a city of the first class, the second ordinance shall be
adopted by an appropriate ordinance of the board of aldermen of that city. History: Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 13, sec. 13. -- Created 1956 Ky. Acts ch. 239, sec. 5.