TITLE III:  ADMINISTRATION - Back to Table of Contents

     Chapter

       30.  MAYOR-COUNCIL PLAN
       31.  CITY OFFICIALS
       32.  CITY COUNCIL
       33.  FINANCE AND REVENUE
       34.  PUBLIC RECORDS
       35.  TAXATION
       36.  DEPARTMENTS AND COMMISSIONS
       37.  CODE OF ETHICS

 CHAPTER 30:  MAYOR-COUNCIL PLAN - Back to Top

Section

࿙ 30.01  FORM OF GOVERNMENT. - Top of Section

 The form of government provided for this city shall be known as the ྿Mayor-Council Plan.࿀

(KRS 83A.130(1))

࿙ 30.02  GOVERNING OFFICERS. - Top of Section

 (A) The city shall be governed by an elected executive who shall be called Mayor and by an elected legislative body which shall be called the City Council, and by such other officers and employees as are provided for by statute or city ordinance. (KRS 83A.130(2))

 (B) The City Council shall be composed of six members.

(KRS 83A.030(1))

 CHAPTER 31:  CITY OFFICIALS - Back to Top

Section

 General Provisions

 Elected Officials

 Nonelected City Officials

 Personnel Provisions

Cross-reference:

 Code of Ethics, see Ch. 37

 GENERAL PROVISIONS

࿙ 31.01  OATH; BOND. - Top of Section

 (A) Oath. Each officer of the city shall, before entering upon the discharge of duties of his office, take the following oath:  ྿I do solemnly swear (or affirm, as the case may be) that I will support the Constitution   of   this   Commonwealth,    and    the Constitution of the United States, and be faithful and true to the Commonwealth of Kentucky, so long as I continue a citizen thereof, and that I will faithfully execute, to the best of my ability, the office of           , according to law; and I do further solemnly swear (or affirm) that, since the adoption of the present Constitution, I being a citizen of this United States, have not fought a duel with deadly weapons within this State, nor out of it, nor have I sent or accepted a challenge to fight a duel with deadly weapons, nor have I acted as a second in carrying a challenge, nor aided or assisted any person thus offending, so help me God,࿀ as established by section 228 of the Kentucky Constitution.

 (B) Bond.  Official bonds shall, if required, meet the standards of KRS 62.060.

࿙ 31.02  COMPENSATION. - Top of Section

 (A) City Council shall establish the compensation of every elected city officer not later than the first Monday in May in the year in which the officer is elected.  An elected officer's compensation shall not be changed after his election or during his term of office.

  (1) In order to equate the compensation of Mayors and Councilmembers with the purchasing power of the dollar, the State Finance and Administration Cabinet computes by the second Friday in February of every year the annual increase or decrease in the consumer price index of the preceding year by using 1949 as the base year in accordance with section 246 of the Constitution of Kentucky, which provides that the Mayor in cities of the first class shall be paid at a rate no greater than $12,000 per annum and Mayors in cities other than the first class and Councilmembers shall be paid at a rate no greater than $7,200 per annum.

  (2) The City Council shall set the compensation of these officers in accordance with KRS 83A.070 at a rate no greater than that stipulated by the State Finance and Administration Cabinet.

 (B) The City Council shall fix the compensation of each appointed city officer by ordinance and may change it by ordinance.

 (C) The City Council shall establish the compensation of city employees in accordance with the personnel and pay classification plan ordinance of the city.

 (D) All fees and commissions authorized by law shall be paid into the city treasury for the benefit of the city and shall not be retained by any officer or employee.

Statutory reference:

 Compensation, see KRS 83A.070 and 83A.075

࿙ 31.03  REMOVAL FROM OFFICE. - Top of Section

 (A) Elected officers.  Any elected officer, in case of misconduct, inability, or willful neglect in the performance of the duties of his office, may be removed from office by a unanimous vote of the members of the City Council exclusive of any member to be removed, who shall not vote in the deliberation of his removal.  No elected officer shall be removed without having been given the right to a full public hearing.  The officer, if removed, has the right to appeal to the circuit court of the county and the appeal shall be on the record.  No officer so removed is eligible to fill the office vacated before the expiration of the term to which originally elected.

 (B) Nonelected officers.  Nonelected city officers may be removed by the Mayor at will, unless otherwise provided by state law or ordinance.

Statutory reference:

 Removal of elected officers, see KRS 83A.040(9)

 Removal of nonelected officers, see KRS 83A.080(2)

࿙ 31.04  INDEMNIFICATION OF OFFICERS AND EMPLOYEES. - Top of Section

 (A) For purposes of this section, the following definitions shall apply unless the context clearly requires a different meaning:

  (1) ACTION IN TORT.  Any claim for monetary damages based upon negligence, intentional tort, nuisance, products liability and strict liability and shall also include any wrongful death or survivaltype action.

  (2) OFFICER.  Any elected or appointed official of the city.

  (3) EMPLOYEE.  All full- and parttime employees of the city including volunteer firefighters and auxiliary police officers, if any, but shall not include any independent contractor or any employee, agent, supplier or subcontractor of any independent contractor.

 (B) Except as provided in division (E) of this section, the city shall, without cost to the officer or employee, provide for the legal defense of any officer or employee in any action in tort arising out of an act or omission occurring within the scope of the officer's or employee's employment or public duties with the city.

 (C) The city may provide for the defense of any officer or employee through its own legal counsel or by employing independent legal counsel or by purchasing insurance which requires the insurer to defend.  If the city defends through its own legal counsel and its legal counsel determines that the interests of the officer or employee and the city conflict, the city shall obtain the written consent of the employee for such representation or shall provide independent representation.  An employee may have his own legal counsel to assist in the defense at the expense of the employee.

 (D) Upon receiving service of a summons and complaint in any action in tort brought against him, an officer or employee shall, within ten days of his receipt of service, give written notice of the claim and make a request that the city provide a defense to the action.  The notice of claim and request for defense shall be filed with the Mayor.

 (E) The city may refuse to provide for the defense of any action in tort brought against an officer or employee of the city if it determines and notifies the officer or employee in writing that:

  (1) The act or omission was not within the actual or apparent scope of the employee's employment or the officer's official capacity;

  (2) The employee or officer acted or failed to act because of fraud, malice or corruption; or

  (3) A timely request to defend was not made in accordance with division (D) of this section.

 (F) If the city refuses to provide an officer or employee with a defense and the officer or employee provides his own defense, the officer or employee shall be entitled to recover all necessary and reasonable costs of the defense from the city if the act or omission is judicially determined to have arisen out of the actual or apparent scope of the employee's employment and the employee is found to have acted without fraud, malice or corruption.

 (G) Subject to the limitations set forth in division (H) of this section, and provided that the city shall not pay any award of punitive or exemplary damages, the city shall pay any judgment rendered against an officer or employee in any action in tort, or any compromise or settlement of such action.

 (H) The city may refuse to pay any judgment, compromise or settlement in any action in tort against an officer or employee, or if the city pays any judgment, compromise or settlement, it may recover from the officer or employee the amount of such payment and the costs to defend, if:

  (1) The officer or employee acted or failed to act because of fraud, malice or corruption;

  (2) The action was outside the actual or apparent scope of the employee's employment or the officer's official capacity;

  (3) The employee or officer willfully failed or refused to assist the defense of the action; or

  (4) The employee or officer compromised or settled the claim without the consent of the legislative body of the city.

 (I) An officer or employee who is being provided a defense in an action in tort by the city shall not enter into any compromise or settlement of the action without the approval of the legislative body of the city.

 (J) Nothing in this section shall be construed as a waiver to any defense which the city may assess in any action in tort brought against it or any officer or employee of the city.

(Ord. 86-2, passed 3-25-86)

 ELECTED OFFICIALS

࿙ 31.20  ELECTION PROCEDURE. - Top of Section

 (A) The Mayor, City Councilmembers and any other elected officials, shall be elected at-large in accordance with the provisions for non-partisan elections set forth in KRS 83A.170.  (Ord. 85-2, passed 1-29-85)

 (B) The city may change the manner of election of city officers within the provisions of division (A) of this section by ordinance, except that no change shall be made earlier than five years from the last change.

 (C) The city shall pay the costs of city elections only if city elections are held at a time other than prescribed by law for elections generally.

 (D) Each appointed and elected city office existing on July 15, 1980, shall continue until abolished by ordinance, except that the offices of Mayor and City Councilmembers may not be abolished.

 (E) No abolition of any elected office shall take effect until expiration of the term of the current holder of the office.

 (F) No ordinance abolishing any elected office shall be enacted later than 240 days preceding the regular election for that office, except in the event of a vacancy in the office.

 (G) The city may not create any elected office.  Existing elected offices may be continued under provision of divisions (D), (E), and (F) above, but no existing elected office may be changed.

Statutory reference:

 Election of city officers, see KRS 83A.050

 Creation, abolishment of city offices, see KRS 83A.080(3), (4)

࿙ 31.21  MAYOR. - Top of Section

 (A) Election; term of office.  The Mayor of this city shall be elected by the voters of the city at a regular election.  His term of office begins on the first day of January following his election and shall be for four years and until his successor qualifies.

 (B) Qualifications.  The Mayor shall be at least 25 years of age, shall be a qualified voter in the city, and shall reside in the city throughout his term of office.

 (C) Vacancy.  If a vacancy occurs in the office of Mayor, Council shall fill the vacancy within 30 days.  If for any reason, any vacancy in the office of Mayor is not filled within 30 days after it occurs, the Governor shall promptly fill the vacancy by appointment of a qualified person who shall serve for the same period as if otherwise appointed.

(KRS 83A.040(1),(2),(6))

  (1) When voting to fill a vacancy in the office of Mayor, a member of the City Council shall not vote for himself.  (KRS 83A.040(2)(c))

  (2) When voting to fill a vacancy created by the resignation of the Mayor, the resigning Mayor shall not vote on his successor.  (KRS 83A.040(3))

  (3) No vacancy by reason of a voluntary resignation in the office of Mayor shall occur unless a written resignation which specifies the resignation date is tendered to the City Council.  The resignation shall be effective at the next regular meeting of the city legislative body.  (KRS 83A.040(7))

  (4) If a vacancy occurs in the office of Mayor which is required by law to be filled temporarily by appointment, the City Council shall immediately notify in writing both the County Clerk and the Secretary of State of the vacancy.  (KRS 83A.040(8))

  (5) The City Council shall elect from among its members an individual to preside over meetings of the City Council during any vacancy in the office of the Mayor in accordance with the provisions of KRS 83A.130.  (KRS 83A.040(2)(d))

 (D) Powers and duties.

  (1) The executive authority of the city is hereby vested in and shall be exercised by the Mayor.  The Mayor shall enforce the Mayor-Council Plan, city ordinances and orders, and all applicable statutes.  He shall supervise all departments of city government and the conduct of all city officers and employees under his jurisdiction and require each department to make reports to him as required by ordinance or as he deems desirable.

  (2) The Mayor shall maintain liaison with related units of local government respecting interlocal contracting and joint activities.

  (3) The Mayor shall report to the Council and to the public on the condition and needs of city government as he finds appropriate or as required by ordinance, but not less than annually.  He shall make any recommendations for actions by the Council he finds in the public interest. 

(KRS 83A.130(3))

  (4) Subject to disapproval of the Council, the Mayor shall promulgate procedures to insure orderly administration of the functions of city government and compliance with statutes or ordinances.  Upon promulgation or upon revision or rescission of the procedures, copies shall be filed with the person responsible for maintaining city records.  (KRS 83A.130(4))

  (5) Any delegation of the Mayor's power, duties, or responsibilities to subordinate officers and employees and any expression of his official authority to   fulfill  executive   functions  shall  be  made  by executive order.  Executive orders shall be sequentially numbered by years and kept in a permanent file.  (KRS 83A.130(7))

  (6) All bonds, notes, contracts, and written obligations of the city shall be made and executed by the Mayor or his agent designated by executive order.  (KRS 83A.130(8))

  (7) The Mayor shall be the appointing authority with power to appoint and remove all city employees, including police officers, except as tenure and terms of employment are protected by statute, ordinance, or contract and except for employees of the Council.  (KRS 83A.130(9))

  (8) The Mayor shall provide for the orderly continuation of the functions of city government at any time he is unable to attend to the duties of his office by delegating responsibility for any function to be performed, in accordance with division (D)(5) above.  However, the Mayor may not delegate the responsibility of presiding at meetings of the Council, and the authority to approve ordinances or promulgate administrative procedures may only be delegated to an elected officer. With approval of the Council, the Mayor may rescind any action taken in his absence under this section within 30 days of such action.  If for any reason the disability of the Mayor to attend to his duties persists for 60 consecutive days, the office of Mayor may be declared vacant by a majority vote of the Council and the provisions of ࿙ 31.21(C) shall apply.  (KRS 83A.130(10))

࿙ 31.22  COUNCILMEMBERS. - Top of Section

 For provisions concerning City Council, see Chapter 32.

 NONELECTED CITY OFFICIALS

࿙ 31.35  ESTABLISHMENT OF NONELECTED CITY OFFICES. - Top of Section

 (A) All nonelected city offices shall be created by ordinance which shall specify:

  (1) Title of office;

  (2) Powers and duties of office;

  (3) Oath of office;

  (4) Bond, if required; and

  (5) Compensation, which may be specifically established or set by reference to another ordinance in which the compensation is specifically established.

 (B) With the exception of the Police Chief and all city police officers, all nonelected city officers shall be appointed by the Mayor with approval of City Council.  The Police Chief and all city police officers shall be appointed by the Mayor at will and such appointments need not be approved by City Council.

 (C) All nonelected officers may be removed by the Mayor at will unless otherwise provided by statute or ordinance.

 (D) The following are nonelected city offices:

  (1) City Clerk;

  (2) City Administrative Officer;

  (3) City Engineer;

  (4) City Zoning Compliance Officer; and

  (5) City Tax Assessor.

Statutory reference:

 Nonelected city offices, see KRS 83A.080(1),(2)

࿙ 31.36  CITY CLERK. - Top of Section

 (A) The city hereby establishes the office of the City Clerk.

 (B) The office of City Clerk may, by ordinance, be combined with any other nonelected city office by inclusion of the title and duties of such office.

 (C) The duties and responsibilities of the Clerk shall include, but are not limited to the following:

  (1) Maintenance and safekeeping of the permanent records of the city;

  (2) Performance of the duties required of the ྿official custodian࿀ or ྿custodian࿀ pursuant to KRS 61.870 through 61.882;

  (3) Possession of the seal of the city if used;

  (4) No later than January 31 of each year, mail to the Department of Local Government a list containing current city information including but not limited to the following:

   (a) The correct name of the Mayor, legislative body members, and the following appointed officials who are serving as of January 1 of each year:

    1.  City Clerk;
    2.  City Treasurer;
    3.  City Manager;
    4.  City Attorney;
    5.  Finance Director;
    6.  Police Chief;
    7.  Fire Chief; and
    8.  Public Works Director;

   (b) The correct name of the city, mailing address for city hall, and telephone number of the city hall; and

   (c) The name and telephone number of either an elected or appointed official to serve as a contact person that may be reached during normal business hours of 8:00 a.m. to 4:30 p.m.;

  (5) Performance of all other duties and responsibilities required of the City Clerk by statute or ordinance.

(KRS 83A.085)

 (D) Compensation shall be in the amount as established by the City Council from time to time as set forth in ࿙ 31.02.

 (E) No person shall be appointed or act as the City Clerk unless such person has taken the oath required by section 228 of the Constitution of the Commonwealth of Kentucky and has provided bond, if required, with corporate surety authorized to transact business in Kentucky and conditioned upon the performance of the duties specified herein.

࿙ 31.37  CITY ADMINISTRATIVE OFFICER. - Top of Section

 (A) There is hereby created the office of City Administrative Officer.

 (B) Qualifications for the office of City Administrative Officer are:

  (1) A four-year degree from an accredited college or university, or equivalent post graduate education, in public or police administration, finance, business, or a related field;

  (2) Experience in administration and personnel management sufficient to insure competent performance of the duties of City Administrative Officer; and

  (3) Be bondable in the minimum amount set forth in division (F) of this section.

 (C) Duties of the office of City Administrative Officer are:

  (1) Advise the executive authority of the city in policy formulation on overall problems of the city;

  (2) Have major responsibility for preparation and administration of operating and capitol improvement budgets under direction of the executive authority;

  (3) Advise the executive authority of the city in the appointment of subordinate administrative personnel;

  (4) Administer personnel policies of the city as are established by the Mayor and Council including, but not limited to, employment, promotions, salaries, suspensions, dismissals, and the like, all subject to appropriate statutes, ordinances, and administrative or executive orders;

  (5) Report directly to the Mayor and set up a succession of reporting in the absence of the Mayor in regard to the supervision of the Police Department;

  (6) Have continuing direct relationships with all other operating department heads of the city on implementation and administration of programs;

  (7) Advise the city on matters regarding insurance, liability and related policy formation;

  (8) Have ultimate responsibility, together with the City Treasurer and Clerk, for the city's banking affairs and investment of city funds in accordance with state and federal requirements and city policies;

  (9) Be the representative of the Mayor and/or City Councilmembers at public functions and meetings, including board meetings of the Fire and Ambulance Districts, attend all City Council meetings, deliver such oral or written reports as requested by the Mayor or City Council, and respond to inquiries and complaints directed to the city;

  (10) Prepare requests for funding from other governmental entities and administer programs funded by those entities;

  (11) Together with City Clerk and Treasurer, insure that the various tax bills, license fees, user fees, and the like of the city are properly prepared and mailed and that the functions of property valuation and equalization are carried out;

  (12) Act as one of the authorized officials of the city for the purpose of signing city checks.

 (D) The City Administrative Officer shall carry out all additional duties lawfully delegated by appropriate order of the Mayor and shall have the same powers as the Mayor in carrying out such duties.

 (E) Before entering upon the duties of the office of City Administrative Officer, the City Administrative Officer shall take the oath of office set forth in Section 228 of the Constitution of the Commonwealth of Kentucky.

 (F) Before entering upon the duties of the office of City Administrative Officer, the City Administrative Officer shall post a bond in the faithful performance of duties in favor of the city in the amount of $100,000.

 (G) Compensation for the office of City Administrative Officer shall be as established by the City Council from time to time as set forth in ࿙ 31.02, and shall be reasonable and commensurate with the qualifications and experience of the person occupying the office and shall be confirmed annually by the City Council.

 (H) The City Administrative Officer shall be appointed by the Mayor with the approval of the City Council as recorded in the minutes of the Council.  The City Administrative Officer shall serve at the pleasure of the Mayor.

(Ord. 92-1, passed 3-23-92)

࿙ 31.38  CITY ENGINEER. - Top of Section

 (A) The office of City Engineer is hereby established.

 (B) The City Engineer shall be appointed by the Mayor with the approval of the City Council pursuant to KRS 83A.080; and may be removed by the Mayor at will.

 (C) No person shall be appointed or act as the City Engineer unless such person has taken the oath required by Section 228 of the Constitution of the Commonwealth of Kentucky and has provided a bond in the sum as established by City Council, with corporate surety authorized to transact business in Kentucky and conditioned upon the performance of the duties specified herein.

 (D) The City Engineer shall advise the Mayor and City Council on all matters related to the maintenance and improvement of streets, alleys, and other public ways, and on matters which may be deemed necessary for the public good, welfare, and convenience, including matters pertaining to sewers and culverts, and shall perform such work and services in connection therewith, as may be assigned him by the City Council.

 (E) The compensation of the City Engineer shall be in an amount to be established by City Council by ordinance.

࿙ 31.39  DEPUTY MAYOR. - Top of Section

 (A) The office of Deputy Mayor is hereby established

 (B) The Mayor may appoint a resident of the city to fill the office of Deputy Mayor by appointment through executive order.

 (C) The Deputy Mayor shall serve at the pleasure of the Mayor, however, in the event of a vacancy in the office of Mayor, the Deputy Mayor serving at the time of the vacancy shall continue to serve until such time as a new Mayor is elected or appointed as provided by statute.

 (D) The Deputy Mayor shall have such duties and powers as are delegated to the office by the Mayor through executive order and as otherwise provided by law.

 (E) The Deputy Mayor shall serve without compensation, however, he or she shall be entitled to reimbursement, at rates and in amounts approved by the Commonwealth of Kentucky for its employees, for legally compensable expenses incurred in carrying out the duties of the office.

 (F) When the Mayor is unable to attend any meeting of the City Council, or during any vacancy in  the  office  of  Mayor,  the  members  of the City

Council who are present at the meeting shall nominate a presiding officer who shall be elected by a majority vote of the members of the Council attending the meeting and who shall serve as presiding officer for only that meeting.

(Ord. 00-1, passed 1-23-00)

 PERSONNEL PROVISIONS

࿙ 31.50  RETIREMENT POLICY. - Top of Section

 (A) The city is hereby authorized to participate in the County Employee Retirement System effective September 1, 1999, and that all eligible regular, full-time officers and employees of the city are hereby authorized and directed to comply with the statutory requirements of this Retirement System.

 (B) All employees of the city whose duties require an average of 100 hours during each working month shall be considered as "regular full-time" employees for County Retirement purposes.

(Ord. 99-8, passed 7-12-99)

CHAPTER 32:  CITY COUNCIL - Back to Top

Section

 General Provisions

 Rules of Procedure

 Ordinances

 Administrative Delegation

 GENERAL PROVISIONS

࿙ 32.01  MEMBERS; ELECTION, QUALIFICATIONS, COMPENSATION. - Top of Section

 (A) Election; term of office.  Each Council-member shall be elected at-large by the voters of the city at a regular election. Terms of office begin on the first day of January following the election and shall be for two years.

 (B) Qualifications.  A member shall be at least 21 years of age, shall be a qualified voter in the city, and shall reside in the city throughout his term of office.

(KRS 83A.040(4))

 (C) Compensation.  For provisions concerning compensation, see ࿙ 31.02.

࿙ 32.02  VACANCIES. - Top of Section

 (A) Vacancies.  If one or more vacancies on Council occur in a way that one or more members remain seated, the remaining members shall within 30 days fill the vacancies one at a time, giving each new appointee reasonable notice of his selection as will enable him to meet and act with the remaining members in making further appointments until all vacancies are filled.  If vacancies occur in a way that all seats become vacant, the Governor shall appoint qualified persons to fill the vacancies sufficient to constitute a quorum.  Remaining vacancies are filled as provided in this section.  (KRS 83A.040(5))

  (1) No vacancy by reason of a voluntary resignation of a member of the City Council shall occur unless a written resignation which specifies a resignation date is tendered to the City Council.  The resignation shall be effective at the next regular meeting of the city legislative body.  (KRS 83A.040(7))

  (2) If a vacancy occurs on the City Council which is required by law to be filled temporarily by appointment, the City Council shall immediately notify in writing both the County Clerk and the Secretary of State of the vacancy.  (KRS 83A.040(8))

 (B) Failure to fill vacancies.  If for any reason, any vacancy on Council is not filled within 30 days after it occurs, the Governor shall promptly fill the vacancy by appointment of a qualified person who shall serve for the same period as if otherwise appointed.  (KRS 83A.040(6))

Statutory reference:

 Filling of vacancies for nonpartisan city office, see KRS 83A.175

࿙ 32.03  POWERS AND DUTIES. - Top of Section

 (A) The legislative authority of the city is hereby vested in and shall be exercised by the elected Council of the city.  The Council may not perform any executive functions except those functions assigned to it by statute.  (KRS 83A.130(11))

 (B) The Council shall establish all appointive offices and the duties and responsibilities of those offices and codes, rules, and regulations for the public health, safety, and welfare.  (KRS 83A.130(12))

 (C) The Council shall provide, by ordinance, for sufficient revenue to operate city government and shall appropriate the funds of the city in a budget which provides for the orderly management of city resources.  (KRS 83A.130(12))

 (D) The Council may investigate all activities of city government.  The Council may require any city officer or employee to prepare and submit to it sworn statements regarding the performance of his official duties.  Any statement required by the Council to be submitted or any investigation undertaken by the Council, if any office, department, or agency under the jurisdiction of the Mayor is involved, shall not be submitted or undertaken unless and until written notice of the Council's action is given to the Mayor. The Mayor may review any statement before sub-mission to the Council and to appear personally or through his designee on behalf of any department, office, or agency in the course of any investigation.

(KRS 83A.130(13))

 RULES OF PROCEDURE

࿙ 32.20  MAYOR AS PRESIDING OFFICER. - Top of Section

 (A) The Mayor shall preside at meetings of the Council.  The Council has the authority to establish, by ordinance, the manner in  which one of its number may be selected to preside at meetings of the Council in the absence of the Mayor.

 (B) The Mayor may participate in Council proceedings, but shall not have a vote, except that he may cast the deciding vote in case of a tie.

(KRS 83A.130(5))

Cross-reference:

 Council's responsibility to select one of its own members to preside when there is vacancy in the office of Mayor, see ࿙ 31.21

࿙ 32.21  MEETINGS. - Top of Section

 (A) Regular meetings of the Council shall be held at 7:30 p.m. on the second Monday of each calendar month in the meeting room of City Hall at 1306 Evergreen Road.  In the event that a change is required in the date or time of the regular meeting due to holidays or other exigencies, a new date for the regular meeting thus affected shall be decided upon and announced at the regular meeting of the council immediately preceding such a meeting.  (Ord. 948, passed 51694; Am. Ord. 975, passed 4997)

 (B) Special meetings of the Council may be called by the Mayor or upon written request of a majority of the Council.  In the call, the Mayor or Council shall designate the purpose, time, and place of the special meeting with sufficient notice for the attendance of Councilmembers and for compliance with KRS Chapter 61.

 (C) At a special meeting no business may be considered other than that set forth in the designation of purpose.

 (D) The minutes of every meeting shall be signed by the person responsible for maintaining city records as provided under ࿙ 31.36 and by the officer presiding at the meeting.

(KRS 83A.130(11))

࿙ 32.22  QUORUM. - Top of Section

 Unless otherwise provided by statute, a majority of the Council constitutes a quorum and a vote of a majority of a quorum is sufficient to take action.

(KRS 83A.060(6))

 ORDINANCES

࿙ 32.35  ONE SUBJECT; TITLE. - Top of Section

 Each ordinance shall embrace only one subject and shall have a title that clearly states the subject.

(KRS 83A.060(1))

࿙ 32.36  INTRODUCTION; ENACTING CLAUSE. - Top of Section

 Each ordinance shall be introduced in writing and shall have an enacting clause styled ྿Be it ordained by the City of Anchorage.࿀

(KRS 83A.060(2))

࿙ 32.37  FORM OF AMENDMENT. - Top of Section

 No ordinance shall be amended by reference to its title only, and ordinances to amend shall set out in full the amended ordinance or section indicating any words being added by a single solid line  drawn underneath them, and any words being deleted by a single broken line drawn through them.

(KRS 83A.060(3))

࿙ 32.38  READING REQUIREMENT; EXCEPTION FOR EMERGENCY. - Top of Section

 (A) Except as provided in division (B) of this section, no ordinance shall be enacted until it has been read on two separate days.  The reading of an ordinance may be satisfied by stating the title and reading a summary rather than the full text.

 (B) In an emergency, upon the affirmative vote of two-thirds of the membership, the Council may suspend the requirements of second reading and publication in order for an ordinance to become effective by naming and describing the emergency in the ordinance.  Publication requirements of ࿙ 32.43 shall be complied with within ten days of the enactment of the emergency ordinance.

(KRS 83A.060(4),(7))

࿙ 32.39  APPROVAL, DISAPPROVAL BY MAYOR. - Top of Section

 (A) All ordinances adopted by the Council shall be submitted to the Mayor who, within ten days after submission, shall either approve the ordinance by affixing his signature or disapprove it by returning it to the Council together with a statement of his objections.

 (B) No ordinance shall take effect without the Mayor's approval unless he fails to return it to the legislative body within ten days after receiving it or unless the Council votes to override the Mayor's veto, upon reconsideration of the ordinance not later than the second regular meeting following its return, by the affirmative vote of one more than a majority of the membership.

(KRS 83A.130(6))

࿙ 32.40  ADOPTION OF STANDARD CODES BY REFERENCE. - Top of Section

 The Council may adopt the provisions of any local, statewide, or nationally recognized standard code and codifications of entire bodies of local legislation by an ordinance that identifies the subject matter by title, source, and date and incorporates the adopted provisions by reference without setting them out in full, if a copy accompanies the adopting ordinance and is made a part of the permanent records of the city.

(KRS 83A.060(5))

࿙ 32.41  OFFICIAL CITY RECORDS. - Top of Section

 (A) Every action of the Council is hereby made a part of the permanent records of the city and on passage of an ordinance the vote of each member of the Council shall be entered on the official record of the meeting.

 (B) The Council has provided, under the provisions of  ࿙࿙ 31.36(C) and 32.42, for the maintenance and safekeeping of the permanent records of the city.  The City Clerk and the presiding officer shall sign the official record of each meeting.

(KRS 83A.060(8))

࿙ 32.42  INDEXING AND MAINTENANCE REQUIREMENTS. - Top of Section

 At the end of each month, all ordinances adopted in the city shall be indexed and maintained by the City Clerk in the following manner:

 (A) The city budget, appropriations of money, and tax levies shall be maintained and indexed so that each fiscal year is kept separate from other years.

 (B) All other city ordinances shall be kept in the minute book or an ordinance book in the order adopted and maintained in this code of ordinances.

(KRS 83A.060(8))

࿙ 32.43  PUBLICATION REQUIREMENTS. - Top of Section

 (A) Except as provided in ࿙ 32.38(B), no ordinance shall be effective until published pursuant to KRS Chapter 424.

 (B) Ordinances may be published in full or in summary as designated by the legislative body.  If the legislative body elects to publish an ordinance in summary, the summary shall be prepared and

certified by an attorney licensed to practice law in the Commonwealth of Kentucky and shall include the following:

  (1) The title of the ordinance;

  (2) A brief narrative setting forth the main points of the ordinance in a way reasonably calculated to inform the public in a clear and understandable manner of the meaning of the ordinance; and

  (3) The full text of each section that imposes fines, penalties, forfeitures, taxes or fees.

 (C) Ordinances that include descriptions of real property may include a sketch, drawing, or map, including common landmarks, such as streets or roads in lieu of metes and bounds descriptions. 

(KRS 83A.060(9))

࿙ 32.44  ADDITIONAL REQUIREMENTS FOR ADOPTION MAY BE ESTABLISHED BY CITY. - Top of Section

 The city may, by ordinance, specify additional requirements for adoption of ordinances in greater detail than contained herein, but the city may not lessen or reduce the substantial requirements of this chapter or any statute relating to adoption of ordinances.

(KRS 83A.060(10))

࿙ 32.45  PERIODIC REVIEW REQUIRED. - Top of Section

 Not less than once every five years all ordinances in this code of ordinances shall be examined for consistency with state law and with one another and shall be revised to eliminate redundant, obsolete, inconsistent, and invalid provisions.

(KRS 83A.060 (11))

࿙ 32.46  MUNICIPAL ORDERS. - Top of Section

 (A) Council may adopt municipal orders.  All municipal orders shall be in writing and shall be adopted only at an official meeting. Orders may be amended only by a subsequent municipal order or ordinance.  All orders adopted shall be maintained in an official order book.

 (B) In lieu of an ordinance, municipal orders may be used for matters relating to the internal operation and functions of the city and to appoint or remove or approve appointment or removal of members of boards, commissions, and other agencies over which the Council has control.

(KRS 83A.060(12), (13))

࿙ 32.47  PROVED BY CLERK; RECEIVED IN EVIDENCE. - Top of Section

 All ordinances and orders of the city may be proved by the signature of the City Clerk; and when the ordinances are placed in this code of ordinances by authority of the city, the printed copy shall be received in evidence by any state court without further proof of such ordinances.

(KRS 83A.060(14))

࿙ 32.48  LEGISLATIVE IMMUNITY. - Top of Section

 For anything said in debate, Councilmembers shall be entitled to the same immunities and protections allowed to members of the General Assembly.

(KRS 83A.060(15))

Statutory reference:

 Privileges of members of General Assembly, see KRS 6.050 and Ky. Const. ࿙ 43

 ADMINISTRATIVE DELEGATION

࿙ 32.60  APPEAL OF DISCRETIONARY ADMINISTRATIVE DECISIONS. - Top of Section

 (A) Wherever within this code of ordinances the City Council has by ordinance or code section delegated discretionary decision making power to any administrative officer or employee of the city (collect-ively, ྿administrative officer࿀) or to any sub-body, including without limitation boards and commissions established by ordinance, any person who is adversely affected by a decision made by the administrative officer or sub-body to which the power was delegated shall have a right of appeal to the City Council.

 (B) Should any ordinance or code section that delegates discretionary power to an administrative officer or sub-body contain a procedure for the appeal to the City Council of decisions made by the administrative officer or sub-body, the procedure of the particular ordinance shall control.

 (C) Should any ordinance or code section that delegates discretionary power to an administrative officer or sub-body not contain a procedure for the appeal to the City Council of decisions made by the administrative officer or sub-body, the right of appeal shall be controlled by this section.

 (D) Any person who is adversely affected by a discretionary decision of an administrative officer or sub-body to which the decision making power was delegated and who wishes to appeal the decision to the City Council pursuant to division (C) of this section shall provide written notice to the City Clerk within 14 days of the day on which the person was first informed of the adverse decision.  The date of initial notice to the person adversely affected, whether in person or the date of mailing, shall control.  The notice of appeal shall state the grounds for appeal and contain copies of any documents that the appellant deems pertinent to the appeal.

 (E) The City Clerk, upon receipt of a notice of appeal filed under division (D) of this section shall place the appeal on the agenda of the next meeting of the City Council which is at least seven days hence, notify the appellant of the date of the hearing, and provide to all members of the Council, the chairperson of the sub-body or administrative officer from whose decision the appeal is taken, the Mayor, and the City Attorney with copies of the notice of appeal and any documents pertinent to the appeal.

 (F) The filing of an appeal shall act as a stay on all action by both appellant and the city in regard to the matter in controversy.

 (G) Unless otherwise agreed between the city and the appellant, the appeal shall be heard as part of the regular meeting of the City Council.  All appeals to the City Council shall be heard, debated, and decided in open session; however, the debate may be passed to the end of the agenda.  On motion of a member of the Council, debate may be passed until the next regularly scheduled meeting of the Council for the purpose of conducting additional fact finding.  At the conclusion of debate, a majority vote of the members present shall decide the appeal.  Procedure at the presentation of the appeal will be governed by the ordinary rules of parliamentary procedure and state law governing the meeting of the Council.  No right to rehearing or further appeal within the city government shall exist.

 (H) The decision of the City Council on whether to grant or reject the appeal shall not constitute a hearing de novo.  The appellant shall carry the burden of proof to demonstrate that the decision of the administrative office or sub-body from which the appeal is taken was clearly erroneous.

 (I) The City Council's action on the appeal shall either affirm the decision of the sub-body or administrative officer or wholly or partially grant the appeal through specific instructions to be placed in the minutes of the City Council.  Following the decision of the City Council, the matter on appeal shall be returned to the sub-body or administrative officer as affirmed or with instructions, and the stay of action by the appellant and the city shall be dissolved.

 (J) This section shall not be construed to and does not in any way relate to the discretionary decisions made by officers of the city police department in the enforcement or non-enforcement of laws and ordinances the violation of which can be punished by a fine or other criminal penalty, or by administrative officers or sub-bodies where the means of appeal is prescribed by state statutes.

(Ord. 9611, passed 102196)

 CHAPTER 33:  FINANCE AND REVENUE - Back to Top

Section

 Financial Administration

 Improvements

 Funds

FINANCIAL ADMINISTRATION

࿙ 33.01  DEFINITIONS. - Top of Section

 As used in this subchapter, unless the context otherwise requires, the following definitions shall apply:

 BUDGET.  A proposed plan for raising and spending money for specified programs, functions, activities, or objectives during a fiscal year.

 DEBT SERVICE.  The sum of money required to pay installments of principal and interest on bonds, notes, and other evidences of debt accruing within a fiscal year and to maintain sinking funds.

 ENCUMBRANCES.  Obligations in the form of purchase orders or contracts that are chargeable to an appropriation.  An obligation ceases to be an encumbrance when paid or when the actual liability is recorded.

 FISCAL YEAR.  The accounting period for the administration of fiscal operations.

 GENERALLY ACCEPTED GOVERNMENTAL AUDITING STANDARDS.  Those standards for audit of governmental organizations, programs, activities and functions issued by the Comptroller General of the United States.

 GENERALLY ACCEPTED PRINCIPLES OF GOVERNMENTAL ACCOUNTING. Those standards and procedures promulgated and recognized by the Governmental Accounting Standards Board.

(KRS 91A.010)

࿙ 33.02  ACCOUNTING RECORDS AND FINANCIAL REPORTS. - Top of Section

 (A) The city shall keep its accounting records and render financial reports in such a way as to:

  (1) Determine compliance with statutory provisions; and

  (2) Determine fairly and with full disclosure the financial operations of constituent funds and account groups of the city in conformity with generally accepted governmental accounting principles.

 (B) The municipal accounting system shall be organized and operated on a fund basis.

(KRS 91A.020)

࿙ 33.03  ANNUAL BUDGET ORDINANCE. - Top of Section

 (A) The city shall operate under an annual budget ordinance adopted and administered in accordance with the provisions of this section.  No moneys shall be expended from any governmental or proprietary fund except in accordance with a budget ordinance adopted pursuant to this section.

 (B) Moneys held by the city as a trustee or agent for individuals, private organizations, or other governmental units need not be included in the budget ordinance.

 (C) If in any fiscal year subsequent to a fiscal year in which the city has adopted a budget ordinance in accordance with this section, no budget ordinance is adopted, the budget ordinance of the previous fiscal year has full force and effect as if readopted.

 (D) The budget ordinance of the city shall cover one fiscal year. 

 (E) Preparation of the budget proposal shall be the responsibility of the Mayor.

 (F) The budget proposal shall be prepared in such form and detail as prescribed by ordinance.

 (G) The budget proposal together with a budget message shall be submitted to Council not later than 30 days prior to the beginning of the fiscal year it covers.  The budget message shall contain an explanation of the governmental goals fixed by the budget for the coming fiscal year; explain important features of the activities anticipated in the budget; set forth the reasons for stated changes from the previous year in program goals, programs, and appropriation levels; and explain any major changes in fiscal policy.

 (H) (1) Council may adopt the budget ordinance making appropriations for the fiscal year in such sums as it finds sufficient and proper, whether greater or less than the sums recommended in the budget proposal.  The budget ordinance may take any form that Council finds most efficient in enabling it to make the necessary fiscal policy decisions.

  (2) No budget ordinance shall be adopted which provides for appropriations to exceed revenues in any one fiscal year in violation of Section 157 of the Kentucky Constitution.

 (I) The full amount estimated to be required for debt service during the budget year shall be appropriated, for all governmental fund types.

 (J) Council may amend the budget ordinance at any time after the ordinance's adoption, so long as the amended ordinance continues to satisfy the requirements of this section.

 (K) Administration and implementation of an adopted budget ordinance shall be the responsibility of the Mayor.  Such responsibility includes the preparation and submission to Council of operating statements, including budgetary comparisons of each governmental fund for which an annual budget has been adopted.  Such reports shall be submitted not less than once every three months in each fiscal year.

 (L) To the extent practical, the system utilized in the administration and implementation of the adopted budget ordinance shall be consistent in form with the accounting system called for in ࿙ 33.02.

 (M) No city agency, or member, director, officer, or employee of any city agency, may bind the city in any way to any extent beyond the amount of money at that time appropriated for the purpose of the agency.  All contracts, agreements, and obligations, express or implied, beyond such existing appropriations are void; nor shall any city officer issue any bond, certificate, or warrant for the payment of money by the city in any way to any extent, beyond the balance of any appropriation made for the purpose.

(KRS 91A.030)

࿙ 33.04  ANNUAL AUDIT OF CITY FUNDS. - Top of Section

 (A) The city shall, after the close of each fiscal year, cause each fund of the city to be audited by the auditor of public accounts or a certified public accountant.  The audits shall be completed by February 1 immediately following the fiscal year being audited.  Within ten days of the completion of the audit and its presentation to the city legislative body, pursuant to division (B)(6) of this section, the city shall forward three copies of the audit report to the Kentucky Department of Local Government for information purposes.  The Department shall forward one copy of the audit report to the Legislative Research Commission to be used for the purposes of KRS 6.955 to 6.975.

 (B) The city shall enter into a written contract with the selected auditor.  The contract shall set forth all terms and conditions of the agreement which shall include, but not be limited to, requirements that:

  (1) The auditor be employed to examine the general purpose financial statements of all governmental, proprietary and fiduciary funds of the city;

  (2) The auditor shall include in the annual city audit report an examination of local government economic assistance funds granted to the city under KRS 42.450 to 42.495.  The auditor shall include a certification with the annual audit report that the funds were expended for the purpose intended.

  (3) All audit information be prepared in accordance with generally accepted governmental auditing standards which includes such tests of the accounting records and such auditing procedures as considered necessary under the circumstances.  Where the audit is to cover the use of state or federal funds, appropriate state or federal guidelines shall be utilized;

  (4) The auditor prepare a typewritten or printed report embodying the general purpose financial statements and his opinion and statements relating thereto;

  (5) The auditor express an overall opinion as to whether the general purpose financial statements present fairly the financial condition of the city or state the reasons why an overall opinion cannot be expressed;

  (6) The completed audit and all accompanying documentation shall be presented to Council at a regular or special meeting.

  (7) Any contract with a certified public accountant for an audit shall require the accountant to forward a copy of the audit report and management letters to the Auditor of Public Accounts upon request of the city or the Auditor of Public Accounts, and the Auditor of Public Accounts shall have the right to review the certified public accountant's workpapers upon request.

 (C) A copy of an audit report which meets the requirements of this section shall be considered satisfactory and final in meeting any official request to the city for financial data, except for statutory or judicial requirements, or requirements of the Legislative Research Commission necessary to carry out the purposes of KRS 6.955 to 6.975.

 (D) Upon completion of an audit, the city may elect to publish the auditor's report in accordance with division (E) of this section, or may publish a financial statement in accordance with division (F) of this section.  Notwithstanding the election of divisions (E) or (F) of this section, the city shall within 90 days after the close of the fiscal year, cause to be published in a newspaper qualified under KRS 424.120 a legal display advertisement of not less than eight column inches that the statement required by KRS 424.220 has been prepared and that copies have been provided to each local newspaper of general circulation, each news service, and each local radio or television station which has on file with the city a written request to be provided such statement.

 (E) If the city elects to publish the auditor's report prepared in accordance with this section in lieu of the financial statement required by KRS 424.220, it shall publish the auditor's cover letter to the City Council, the combined balance sheet showing all fund types and account groups, the combined statement of revenues, expenditures and changes in fund balance for all governmental fund types, the combined statement of revenues, expenses and changes in retained earnings/fund balances for all proprietary fund types and similar trust funds, and the combined statement of changes in financial position for all proprietary fund types and similar trust funds in accordance with KRS Chapter 424.  The advertisement shall contain a statement that a copy of the complete auditor's report, including financial statements and supplemental information, are on file at city hall and are available for public inspection during normal business hours.  The advertisement shall also contain a statement that any citizen may obtain from city hall a copy of the complete auditor's report, including financial statements and supplemental information, for his personal use.  The statement shall notify citizens requesting a personal copy of the city audit report that they will be charged for duplication costs at a rate that shall not exceed $.25 per page.  In addition, the advertisement shall contain a statement that copies of the financial statement prepared in accordance with KRS 424.220 are available to the public at no cost at the business address of the officer responsible for preparation of such statement.

 (F) If the city elects to publish the financial statement prepared in accordance with KRS 424.220 in lieu of publishing the auditor's report, it shall, within 60 days after the completion of the audit, publish such statement in accordance with KRS Chapter 424.

 (G) Any person who violates any provision of this section shall be fined not less than $50 nor more than $500.  In addition, any officer who fails to comply with any of the provisions of this section shall, for each failure, be subject to a forfeiture of not less than $50 nor more than $500, in the discretion of the court, which may be recovered only once, in a civil action brought by any resident of the city.  The costs of all proceedings, including a reasonable fee for the attorney of the resident bringing the action, shall be assessed against the unsuccessful party.

(KRS 91A.040)

Statutory reference:

 Department for Local Government to provide assistance, see KRS 91A.050.

࿙ 33.05  OFFICIAL DEPOSITORIES; DISBURSEMENT OF CITY FUNDS. - Top of Section

 (A) The Mayor shall designate as the city's official depositories one or more banks, federal savings banks, or trust companies within the Commonwealth.  The amount of funds on deposit in an official depository shall be fully insured by deposit insurance or surety bonds.

 (B) All receipts from any source of city money or money for which the city is responsible, which has not been otherwise invested or deposited in a manner authorized by law, shall be deposited in official depositories.  All city funds shall be disbursed by written authorization approved by the Mayor which states the name of the person to whom funds are payable, the purpose of the payment, and the fund out of which the funds are payable.  Each authorization shall be numbered and recorded.

(KRS 91A.060)

IMPROVEMENTS

࿙ 33.10  DEFINITIONS. - Top of Section

 As used in this subchapter, unless the context otherwise requires, the following definitions shall apply:

 ASSESSED VALUE BASIS.  The apportionment of cost of an improvement according to the ratio the assessed value of individual parcels of property bears to the total assessed value of all such properties.

 BENEFITS RECEIVED BASIS.  The apportionment of cost of an improvement according to equitable determination by Council of the special benefit received by property from the improvement, including assessed value basis, front foot basis, and square foot basis, or any combination thereof, and may include consideration of assessed value of land only, graduation for different classes of property based on nature and extent of special benefits received, and other factors affecting benefits received.

 COST.  All costs related to an improvement, including planning, design, property or easement acquisition and construction costs, fiscal and legal fees, financing costs, and publication expenses.

 FAIR BASIS.  Assessed value basis, front foot basis, square foot basis, or benefits received basis.

 FRONT FOOT BASIS.  The apportionment of cost of an improvement according to the ratio the front footage on the improvement of individual parcels of property bears to such front footage of all such properties.

 IMPROVEMENT.  Construction of any facility for public use or services or any addition thereto, which is of special benefit to specific properties in the area served by such facility.

 PROPERTY.  Any real property benefitted by an improvement.

 SPECIAL ASSESSMENT or ASSESS-MENT.  A special charge fixed on property to finance an improvement in whole or in part.

 SQUARE FOOT BASIS.  The apportionment of cost of an improvement according to the ratio the square footage of individual parcels of property bears to the square footage of all such property.

(KRS 91A.210)

࿙ 33.11  (RESERVED). - Top of Section

࿙ 33.12  APPORTIONMENT OF COST. - Top of Section

 The cost of any improvement shall be apportioned on a benefits received basis with respect to any property owned by the state, a local unit of government, or any educational, religious, or charitable organization.  Council may assess such property in the same manner as for privately owned property or it may pay the costs so apportioned out of general revenues.

(KRS 91A.230)

࿙ 33.13  COMPREHENSIVE REPORT REQUIRED. - Top of Section

 Before undertaking any improvements pursuant to this subchapter, the city shall prepare a comprehensive report setting out:

 (A) The nature of the improvement;

 (B) The scope and the extent of the improvement, including the boundaries or other description of the area to be assessed;

 (C) The preliminary estimated cost of the improvement;

 (D) The fair basis of assessment proposed;

 (E) If financing of assessments is provided, the proposed method, including the proposed years to maturity of any bonds to be issued in connection with the improvement; and

 (F) Such other information as may further explain material aspects of the improvement, assessments, or financing.

(KRS 91A.240)

࿙ 33.14  PUBLIC HEARING REQUIRED. - Top of Section

 After preparation of the report required by ࿙ 33.13, the city shall hold at least one public hearing on the proposed improvement at which all interested persons shall be heard.  Notice of the hearing shall be published pursuant to KRS Chapter 424, and mailed to each affected property owner by certified mail, return receipt requested, and shall include:

 (A) The nature of the improvement;

 (B) Description of area of the improvement;

 (C) Statement that the city proposes to finance the improvement in whole or in part by special assessment of property and the method to be used;

 (D) Time and place the report may be examined; and

 (E) Time and place of the hearing.

(KRS 91A.250)

࿙ 33.15  ADOPTION OF ORDINANCE; NOTICE TO AFFECTED OWNERS. - Top of Section

 Within 90 days of conclusion of the hearing, the city shall determine whether to proceed with the improvement by special assessments, and if it determines to proceed shall adopt an ordinance so stating and containing all necessary terms, including the items referred to in ࿙ 33.13 and a description of all properties.  Promptly upon passage the city shall publish such ordinance pursuant to KRS Chapter 424 and shall mail by certified mail to each affected property owner a notice of determination to proceed with the project, the fair basis of assessment to be utilized, the estimated cost to the property owner, and the ratio the cost to each property owner bears to the total cost of the entire project.

(KRS 91A.260)

࿙ 33.16  AFFECTED OWNER MAY CONTEST. - Top of Section

 (A) Within 30 days of the mailing of the notice provided for in ࿙ 33.15, any affected property owner may file an action in the circuit court of the county, contesting the undertaking of the project by special assessment, the inclusion of his property in the improvement, or the amount of his assessment.  If the action contests the undertaking of the improvement by the special assessment method of the inclusion of the property of that property owner, no further action on the improvement insofar as it relates to any property owner who is a plaintiff shall be taken until the final judgment has been entered.

 (B) The city may proceed with the improvement with respect to any properties whose owners have not filed or joined in an action as provided in this section or who have contested only the amounts of their assessments, and the provisions of the resolution are final and binding with respect to such property owners except as to contested amounts of assessments.  After the lapse of time as herein provided, all actions by owners of properties are forever barred.

(KRS 91A.270)

࿙ 33.17  WHEN CITY MAY PROCEED; ASSESSMENT CONSTITUTES LIEN. - Top of Section

 (A) After the passage of time for the action provided for in ࿙ 33.16, or after favorable final judgment in any such action, whichever comes later, the city may proceed with the improvement or part thereof stayed by the action, including notice requiring payment of special assessment or installment thereon and bonds or other method proposed to finance the improvement.  The first installment may be apportioned so that other payments will coincide with payment of ad valorem taxes.

 (B) The amount of any outstanding assessment or installments thereof on any property, and accrued interest and other charges, constitutes a lien on the property to secure payment to the bondholders or any other source of financing of the improvement.  The lien takes precedence over all other liens, whether created prior to or subsequent to the publication of the ordinance, except a lien for state and county taxes, general municipal taxes, and prior improvement taxes, and is not defeated or postponed by any private or judicial sale, by any mortgage, or by any error or mistake in the description of the property or in the names of the owners.  No error in the proceedings of the Council shall exempt any benefitted property from the lien for the improvement assessment, or from payment thereof, or from the penalties or interest thereon, as herein provided.

(KRS 91A.280)