Request By:
Honorable Albert Wermeling
Mayor, City of Elsmere
318 Garvey Avenue
Elsmere, Kentucky 41018
Opinion
Opinion By: Steven L. Beshear, Attorney General; By: Walter C. Herdman, Assistant Deputy Attorney General
This is in answer to your letter of January 17 in which you relate that two members of the newly elected council are presently indebted to the city in regard to a street improvement assessment, and the time for payment has expired. The initial question is whether or not these councilmen can legally function as members in view of this indebtedness.
Our response to your question would be in the affirmative. The fact that the councilmen are indebted to the city in no way disqualifies them from serving as we have previously pointed out in a letter, dated November 26, addressed to Stephen C. Cawood, copy attached.
As to how the assessments may be collected, we assume that the street improvement was made pursuant to Ch. 94 KRS authorizing street construction and the assessment of abutting property owners for the payment of this public improvement. Pursuant to KRS 94.314, the assessment tax constitutes a lien on the benefitted property which is collected in the same manner as other property taxes as provided in KRS 94.315. In this respect you should consult with your city attorney to determine the proper procedure to follow.
We also might add in response to one of your questions that the salary of the councilmen cannot be withheld to pay the referred to indebtedness under any circumstances. They are entitled to receive whatever compensation that has been prescribed by ordinance for their services as members of the city council.