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An Ordinance creating Chapter 28 of the Code of Ordinances of the Lexington-Fayette Urban County Government (Privilege Fees for Public Infrastructure Improvements), as follows: adopting definitions for privilege fee, participating owner, non-participating owner, public infrastructure, shared public infrastructure, acreage, and interest; authorizing the allocation of costs of construction of shared public improvements to non-participating owners in the form of privilege fees; authorizing the execution of Privilege Fee Agreements by the Mayor or the Chief Administrative Officer as Mayor’s designee for construction of shared public infrastructure and for reimbursement of costs associated therewith from privilege fees remitted by non-participating owners; requiring competitive bidding procedures for construction of shared public infrastructure unless waived for good cause shown; providing for notice to all non-participating owners and a public hearing regarding proposed construction of shared public improvements and the allocation of costs to non-participating owners by way of privilege fees; establishing minimum requirements for Privilege Fee Agreements; authorizing administrative fees; and authorizing the collection of interest on privilege fees. [Council Office, Hall]
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WHEREAS, Section 156b of the Kentucky Constitution is the enabling constitutional permission for the Kentucky General Assembly to afford local governments the power to pass laws which are “in furtherance of a public purpose” and the General Assembly has duly enacted KRS 82.082 (generally known as the “Home Rule” authority for cities) and KRS 67.083 (generally known as “Home Rule” authority for counties), in order to promote health, safety, morals, or general welfare of the people; and
WHEREAS, this authority is exercised by the Lexington-Fayette Urban County Government pursuant to KRS 67A.060, which provides that Urban County Governments May exercise the constitutional and statutory righ...
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