Request By:
Honorable William S. O'Daniel
Commissioner, Department for
Local Government
909 Leawood Drive
Frankfort, Kentucky 40601
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Walter C. Herdman, Assistant Deputy Attorney General
This is in answer to your letter of May 14 in which you relate the following facts and question:
"The appropriate ordinance granting a utility franchise has been prepared and a question has arisen as to the required publication. Must the ordinance be published once not less than seven nor more than 21 days before the awarding of the franchise, or must it be published once a week for three consecutive weeks?
"Both methods of publication are set out in KRS 424.130(1) (b) and (c) and it is not clear to us which provision applies in this instance."
To begin with, your question involves two separate publication requirements. The first publication requirement relates to the request for bids prior to the awarding of the franchise which is required under § 164 of the Kentucky Constitution. This section provides, in effect, that no city shall be authorized or permitted to grant any franchise until after due advertisement is made to receive bids. This means, in effect, that the proposed franchise ordinance which defines the terms of the franchise must be published for bids under the terms of KRS 424.130(1)(b). Under this subsection when an advertisement is for the purpose of submitting bids, the advertisement shall be published at least once but may be published two or more times, provided that one (1) publication occurs not less than seven (7) days or more than twenty-one (21) days before the occurrence of the act. See Cumberland T & T Co. v. City of Hickman, 129 Ky. 220, 111 S.W. 311 (1908).
Following the publication for bids and the decision on the part of the city legislative body to award the franchise to a particular company, then the franchise ordinance is enacted in accordance with KRS 87.050 and published as required therein. This publication is to be made pursuant to KRS 424.130(1)(a) which provides, in effect, that when the advertisement is of a completed act, such as an ordinance, it shall be published one time only and within thirty (30) days of the completion of the act.
We trust the above answers your question.