92.340 Liability for violation of KRS 92.330 or 91A.030(13) -- Remedies.
If, in any city of the second to sixth class, any city tax revenue is expended for a purpose <br>other than that for which the tax was levied or the license fee imposed, each officer, agent <br>or employee who, by a refusal to act, could have prevented the expenditure, and the <br>members of the city legislative body who voted for the expenditure, shall be jointly and <br>severally liable to the city for the amount so expended. The amount may be recovered of <br>them in an action upon their bonds, or personally. The city attorney shall prosecute to <br>recovery all such actions. If he fails to do so for six (6) months after the money has been <br>expended, any taxpayer may prosecute such action for the use and benefit of the city. A <br>recovery under this subsection shall not bar a criminal prosecution. Any indebtedness <br>contracted by a city of the second to sixth class in violation of this subsection or of KRS <br>92.330 or 91A.030(13) shall be void, the contract shall not be enforceable by the person <br>with whom made, the city shall never assume the same, and money paid under any such <br>contract may be recovered back by the city.
History: Amended 1942 Ky. Acts ch. 63, sec. 3. -- Recodified 1942 Ky. Acts ch. 208,
sec. 1, effective October 1, 1942, from Ky. Stat. secs. 3175, 4281u-2, 4281u-6.
Legislative Research Commission Note (1982). A technical correction has been made
in this section by the Reviser of Statutes pursuant to KRS 7.136.
92.340 Liability for violation of KRS 92.330 or 91A.030(13) -- Remedies.
If, in any city of the second to sixth class, any city tax revenue is expended for a purpose <br>other than that for which the tax was levied or the license fee imposed, each officer, agent <br>or employee who, by a refusal to act, could have prevented the expenditure, and the <br>members of the city legislative body who voted for the expenditure, shall be jointly and <br>severally liable to the city for the amount so expended. The amount may be recovered of <br>them in an action upon their bonds, or personally. The city attorney shall prosecute to <br>recovery all such actions. If he fails to do so for six (6) months after the money has been <br>expended, any taxpayer may prosecute such action for the use and benefit of the city. A <br>recovery under this subsection shall not bar a criminal prosecution. Any indebtedness <br>contracted by a city of the second to sixth class in violation of this subsection or of KRS <br>92.330 or 91A.030(13) shall be void, the contract shall not be enforceable by the person <br>with whom made, the city shall never assume the same, and money paid under any such <br>contract may be recovered back by the city.
History: Amended 1942 Ky. Acts ch. 63, sec. 3. -- Recodified 1942 Ky. Acts ch. 208,
sec. 1, effective October 1, 1942, from Ky. Stat. secs. 3175, 4281u-2, 4281u-6.
Legislative Research Commission Note (1982). A technical correction has been made
in this section by the Reviser of Statutes pursuant to KRS 7.136.
92.340 Liability for violation of KRS 92.330 or 91A.030(13) -- Remedies.
If, in any city of the second to sixth class, any city tax revenue is expended for a purpose <br>other than that for which the tax was levied or the license fee imposed, each officer, agent <br>or employee who, by a refusal to act, could have prevented the expenditure, and the <br>members of the city legislative body who voted for the expenditure, shall be jointly and <br>severally liable to the city for the amount so expended. The amount may be recovered of <br>them in an action upon their bonds, or personally. The city attorney shall prosecute to <br>recovery all such actions. If he fails to do so for six (6) months after the money has been <br>expended, any taxpayer may prosecute such action for the use and benefit of the city. A <br>recovery under this subsection shall not bar a criminal prosecution. Any indebtedness <br>contracted by a city of the second to sixth class in violation of this subsection or of KRS <br>92.330 or 91A.030(13) shall be void, the contract shall not be enforceable by the person <br>with whom made, the city shall never assume the same, and money paid under any such <br>contract may be recovered back by the city.
History: Amended 1942 Ky. Acts ch. 63, sec. 3. -- Recodified 1942 Ky. Acts ch. 208,
sec. 1, effective October 1, 1942, from Ky. Stat. secs. 3175, 4281u-2, 4281u-6.
Legislative Research Commission Note (1982). A technical correction has been made
in this section by the Reviser of Statutes pursuant to KRS 7.136.
