92.340 Liability for violation of KRS 92.330 or 91A.030(13) -- Remedies. - Kentucky Statutes

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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
other than that for which the tax was levied or the license fee imposed, each officer, agent
or employee who, by a refusal to act, could have prevented the expenditure, and the
members of the city legislative body who voted for the expenditure, shall be jointly and
severally liable to the city for the amount so expended. The amount may be recovered of
them in an action upon their bonds, or personally. The city attorney shall prosecute to
recovery all such actions. If he fails to do so for six (6) months after the money has been
expended, any taxpayer may prosecute such action for the use and benefit of the city. A
recovery under this subsection shall not bar a criminal prosecution. Any indebtedness
contracted by a city of the second to sixth class in violation of this subsection or of KRS
92.330 or 91A.030(13) shall be void, the contract shall not be enforceable by the person
with whom made, the city shall never assume the same, and money paid under any such
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.