Request By:
Mr. Terry Wells
Livingston County Attorney
Courthouse
Smithland, Kentucky 42081
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Charles W. Runyan, Assistant Deputy Attorney General
The city of Salem has requested the Livingston Fiscal Court for funds to help repair certain Salem city streets.
Question No. 1:
"Would it be legal for the Livingston County Fiscal Court to enter into an agreement with the city of Salem, whereby City Municipal Aid money would be used to purchase materials and the County Road Department donate its men and machines to do the work?"
It is our opinion that county road fund money cannot be spent on road segments which are not a part of the county road system. See KRS 178.010. However, if the fiscal court desires to take city street segments into the county system for maintenance purposes, such as the project at hand, it may do so by an appropriate order [specific and formal], and subject to proper budgetary and financial procedure and limitations. Such an order must not interfere with the exclusive jurisdiction of the city legislative body over city streets. See KRS 178. 010(2) and KRS 94.360. Thus county men and machines could be used to repair the city streets, provided the fiscal court passes an order making such streets a part of the county road system for such maintenance purposes. The city would agree to furnish the materials.
Question No. 2 does not have to be answered, since question no. 1 was answered in the affirmative.