Request By:
James G. Tripp, Esq.
P.O. Box 827
Mt. Sterling, Kentucky 40353
Opinion
Opinion By: David L. Armstrong, Attorney General; Thomas R. Emerson, Assistant Attorney General
This is in reply to your letter raising several questions about the uses to which municipal road aid funds may be put.
Your first question is as follows:
"May municipal road aid funds be used for the construction, maintenance, or repair of sidewalks when sidewalks are located on publicly owned right of way adjoining existing streets? "
Presumably you are referring to KRS 177.365 to 177.369 dealing with the use of tax money collected pursuant to specifically enumerated statutes. See OAG 81-143, copy enclosed and OAG 82-492, copy enclosed. KRS 177.369(2) provides in part that the expenditure of any money received by a city pursuant to KRS 177.369 shall be made solely for the purposes of construction, reconstruction and maintenance of urban roads and streets as set forth in KRS 177.365.
KRS 177.365(2) and (4) provide as follows:
"(2) As used in this section unless the context requires otherwise, 'construction,' 'reconstruction, ' and 'maintenance' mean the supervising, inspecting, actual building, and all expenses incidental to the construction, reconstruction, or maintenance of a road or street, including planning, locating, surveying, and mapping or preparing roadway plans, acquisition of rights-of-way, relocation of utilities, lighting and the elimination of other hazards such as roadway grade crossings, and all other items defined in the department of highways' design operations, and construction manuals."
"(4) 'Streets' mean all public ways which have been designated by the incorporated city as being city streets and said streets lying within the boundaries of an incorporated city."
As you can see there is no reference to sidewalks in the statutes cited and the definition of "streets" neither specifically includes or excludes sidewalks. However, KRS 446.080(4) states in part that all words and phrases shall be construed according to the common and approved usage of language. Applying that principle to the word "street" we see that "street" is generally considered to include the "sidewalk" if there is any and "sidewalk" is generally considered to be part of the street.
In 80 C.J.S. Sidewalk (pp. 1279 - 1281) the following appears:
"A sidewalk is a part of the street, and it is that part of a street or highway which is intended for use by pedestrians. It is usually constructed as a part of the street at or along the side of the part thereof especially designed and constructed for the passage of vehicles and animals, and there is often, if not generally, a gutter, which also constitutes a portion of the street, between such parts. When the sidewalk is spoken of as being on a specific side of a designated street, it is understood to be a part so reserved of that street at or along the specific side of the roadway. "
* * *
"The word 'sidewalk' is variously defined as meaning that part of the street assigned to the use of pedestrians; that part of the street upon either side thereof that has been arranged for foot passengers, and not intended for use by vehicles and horsemen; that portion of the street usually devoted to pedestrian travel; that portion of a highway which has been set apart for pedestrians as distinguished from that which is used by vehicles; . . ."
Thus, since the sidewalk is generally considered to be part of the street, a city may expend portions of its municipal aid funds to construct, maintain and repair sidewalks and be within the statutory requirement that such funds be spent to construct and maintain its streets.
Your second question asks:
"May municipal road aid funds be used for the repair, replacement and general maintenance of street lights on public streets? "
KRS 177.365(2) specifically provides in part that "construction," "reconstruction" and "maintenance" mean the supervising, inspecting, actual bidding and all expenses incident to the construction, reconstruction and maintenance of a street including lighting. Thus, the city may use portions of its municipal aid funds to repair, replace and maintain the street lights on its public streets.
Your last question asks:
"May municipal road aid funds be used to pay the utility expenses for the operation of such street lights?"
After considering the provisions of KRS 177.365(2), it is our opinion that the city may not use portions of its municipal aid funds to pay the utility expenses for the operation of its street lighting system. The statute limits the city to constructing, reconstructing and maintenance of the street lighting system. Maintenance of the lighting system would refer to the physical upkeep associated with the system rather than the electric current to the lights. Paying the utility bills from the municipal aid funds would go beyond the physical maintenance of the street lighting system.