KRS 92.340: Liability of city of home rule class for violation of KRS 92.330 or

91A.030(13) -- Remedies.

If, in any city of the home rule class, any city tax revenue is expended for a purpose other

than that for which the tax was levied or the license fee impose d, 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 home rule class in violation of this subsection or of KRS

92.330 or 91A.030(13) shall be void, the con tract 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.