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HomeMy WebLinkAbout78-9-1612974 ORDINANCE NO.78-9-1612 AN ORDINANCE ACCEPTING THE WORK DONE IN CONNECTION WITH THE TOWNLIFT PROJECT IN THE CITY OF PADUCAH, KENTUCKY, CONFIRMING THE CERTIFICATE OF APPORTIONMENT, APPORTIONING THE COST OF THE IMPROVE- MENT, LESS SUCH PART AS HAS BEEN OR IS TO BE PAID BY THE CITY, AMONG THE OWNERS ' OF BENEFITED PROPERTY IN ACCORDANCE WITH THE "NUMBER OF FRONT OR- ABUTTING FEET, AND LEVYING A TAX UPON EACH LOT OR PARCEL OF BENEFITED PROPERTY FOR THE AMOUNT OF THE COST APPORTIONED THERETO WHEREAS, the City of Paducah ' has not had and does not have a board of public works, and WHEREAS, KRS 94.309(2) authorizes the Board of Commissioners to appoint a special committee of its members to inspect the work related to the Townlift Project, and WHEREAS, previously the Board of Commissioners has designated a committee to do what is required of such a committee pursuant to the provisions of KRS "94.309, and WHEREAS, such committee heretofore fixed July 10, 1978 at 5:00 P.M., C . D . T . , as the time and the City Commission' Chambers as the place at which and from whicha11" "of such work would be visibly inspected by walking over the areas where such work has been performed, and WHEREAS, the City Clerk has heretofore published pursuant to KRS Chapter 424 a notice stating such time and place" so fixed for inspection of the work, and WHEREAS,' such inspection' has taken place at such time and place by such committee and ; all of the property owners concerned, or their agents or representatives were given an opportunity to appear and be heard before the committee -as to whether the "improvements had been made in accordance with the Ordinance authorizing the work and the contract therefore, and WHEREAS, the committee after such inspection was satisfied that the work should be accepted and has made a report to the Board of Commissioners so stating, and WHEREAS, the Certificate of Apportionment has been filed and has been considered; and it has been determined that the action should be taken as is herein provided for, NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF PADUCAH, KENTUCKY, AS FOLLOWS: 975 SECTION 1. That this Ordinance is adopted to comply with the pro- visions of KRS 94.309 (3) (4) . That it. is hereby determined and declared that all of the Recitals hereinbefore. set- forth are true and. are adopted as a,.part of this ... Ordinance. That all of the action hereinbeforereferred to is hereby authorized, ratified and approved. SECTION 2. That it is hereby, declared .that the. Certificate of Apportion- ment which has been filed with reference to the work done in connection, with the. . Townlift Project in the City of Paducah_ has., been considered,_ _as well -as the -report of the committee, which inspected. such work. SECTION 3. That is it hereby determined that such Certificate -of. .. . Apportionment and such report are_ correct,, such work is hereby accepted and such Certificate of Apportionment is hereby confirmed.. SECTION 4. That the cost of such improvement, including construction and engineering, is hereby determined to be- $1,053,568.35, that .the City, shall pay $863, 585.55 or 82% of the total and the benefited property owners shall pay $189,982.80 or 18% of the total project cost. That such cost which is to be paid by such property owners who have benefited from such project is hereby assessed according to the basis of assessment fixed in the original Ordinance providing for the improvement, namely in accordance with.the number of front .or abutting feet, That there is attached hereto such Certificate of Apportionment prepared by the person designated to prepare such Certificate, namely, Wayne S. Upshaw, .the City Engineer, which for identification is marked "Exhibit 1" and made a part hereof as fully as if set out at length herein. SECTION 5. That the Board does hereby apportion the cost of --such Townlift Project, less such part as has been or is to be paid by the. City, among the owners of benefited property in accordance with the number of front or abutting feet, and there is hereby levied a tax upon each lot or parcel of benefited property for the amount of the cost apportioned thereto in accordance with such "Exhibit 1" attached. SECTION 6. That an abstract of this Ordinance shall be published pur- suant to KRS Chapter 424 in accordance with KRS 94.309 (4) . SECTION 7. That at the time such abstract as. to such apportionment and levy is published or within one week thereafter, the City Treasurer shall give notice, by publication pursuant to KRS Chapter 424, requiring all property owners to pay the improvement tax levied upon their property within -thirty_.. (3.0) days after the day of publication of the abstract of such Ordinance, all .in accordance with KRS 94.309 (5) . SECTION 8. That at the same time such abstract of such Ordinance with reference to the apportionment and levy is published, the City Clerk of the City shall file in the office of the County Clerk of McCracken County, Kentucky, the same to be entered and journaled in appropriate journal for public recording and inspection, a statement showing the record owner of each of the lands assessed as of the date of the report of the one making the Certificate of Apportionment, the full and complete description of each of the lands, the effective date of the levy and the amount of assessment, all iri accordance with KRS 94.309 (6) . SECTION 9. That this Ordinance shall be in full force and effective after signature and recordation. Attest: Adopted on the, 12th day of September, 1978.. Mayor, City of Paducah, Kentucky City Clerk Passed 'by the Board of Commissioners September 12, 1978 Recorded by Louise McKinney, City Clerk, September 12, 1978. 976