Request By:
Honorable Ken Smith
Mayor, City of London
City Hall Building
London, Kentucky 40741
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Walter C. Herdman, Assistant Deputy Attorney General
This is in answer to your letter of January 5 in which you request an opinion concerning the following:
"An employee of the City of London was killed in an explosion while lighting a tar kettle on the job. Workmen's compensation did not pay the entire cost of his funeral.
"We would like your opinion as to whether or not it is legal for the city to use general fund or revenue sharing monies to pay the balance of this bill."
Our response to your question would be in the negative. As pointed out in the case of
City of Horse Cave v. Pierce, 437 S.W.2d 185 (1969), it is recognized that a city has only such powers as are expressly or impliedly given it by the legislature and any doubt concerning a particular municipal power is resolved against its existence. See also
Juett v. Town of Williamstown, 248 Ky. 235, 58 S.W.2d 411 (1933).
Referring next to McQuillin, Mun. Corps., Vol. 15, § 39.19, we quote as follows:
"All appropriations or expenditures of public money by municipalities and indebtedness created by them, must be for a public and corporate purpose, as distinguished from a private purpose, at least, unless the powers of the particular municipality in regard thereof have been enlarged by the legislature, which is itself limited in its purpose to authorize expenditures or indebtedness for other than public purposes. . . ." (Emphasis added.)
"A fortiori, a municipality has no power, unless expressly conferred by constitutional provision, charter or statute, to donate municipal moneys for private uses to any individual or company, not under the control of the city and having no connection with it, although a donation may be based upon a consideration. . . ." (Emphasis added.)
Referring next to § 39.26 we find the rule stated that unless the power to do so has been expressly designated by the legislature within constitutional authorization, the municipality has no power to donate money, issue bonds or otherwise aid a private individual or corporation. With this rule in mind we are faced with an apparent constitutional objection to such an expenditure in § 179 of the Constitution. This provision prohibits the General Assembly from authorizing a city to appropriate money to any corporation, association or individual, with certain exceptions not applicable in this instance. See
Board of Education v. City of Corbin, 301 Ky. 686, 192 S.W.2d 95 (1946).
As indicated above, the city can only appropriate money for a public municipal purpose over which it has control. This would, as a consequence, eliminate an appropriation to pay part of the funeral costs of an employee of the city.
At the same time we do not believe that revenue sharing monies could be utilized since such funds are also limited to municipal purposes.