184.357 Improvements -- Hearing requirements -- Contracts.
681 words·~3 min read·
/ky/chapter-184/184-357A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(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.
(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.
(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.
(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.