Covington Bridge Com. v. City of Covington
| Decision Date | 18 December 1934 |
| Parties | Covington Bridge Commission et al. v. City of Covington. |
| Court | United States State Supreme Court — District of Kentucky |
1. Municipal Corporations. — In matters purely governmental in character, municipality is under absolute control of Legislature, but, as to municipality's proprietary or private functions, Legislature is under same constitutional restraints as are placed on it in respect to private corporations.
2. Bridges. — Statute providing for appointment of bridge commission with power to acquire or construct interstate toll bridges payable out of revenue bonds in second class cities held not unconstitutional as divesting city commissioners of their powers, or as improperly controlling nongovernmental function of city, or encroaching on home rule (Acts 1932, c. 160; Constitution, sec. 160).
3. Municipal Corporations. — Intent of constitutional provision that municipal officers not named in Constitution should be selected by qualified voters of municipality or appointed by local authorities as General Assembly may by general law provide was to preserve principle of home rule by continuing municipality's right to select own officers to exercise general functions of the offices (Constitution, sec. 160).
4. Municipal Corporations. — Unless certain municipal office or officer is mentioned eo nomine in Constitution, Legislature may change the name or abolish the office, provided functions, if retained at all, continue in some officer chosen by municipality (Constitution, sec. 160).
5. Constitutional Law. — Office created by Constitution cannot be divested by Legislature of its original and inherent functions.
6. Municipal Corporations. — Legislature may create municipal boards, commissions, and offices not mentioned in Constitution fix their qualifications, and define their powers and duties, and grant municipality authority to elect or appoint incumbents in manner prescribed by Legislature (Constitution, sec. 160).
7. Municipal Corporations. — Legislature may transfer power and duties of office from one body of local officers to another local body, except that it may not divest an office created by, or named in, Constitution of its original and inherent functions (Consitution, sec. 160).
8. Municipal Corporations. — General authority conferred on one agency of government will not be construed as imposing power on it to interfere with, or control operations of, another; express authority for such purpose being necessary to be given by Constitution or statute.
9. Bridges. — Where members of bridge commission of second class city have been appointed and have qualified, bridge commission is thereafter independent agency of city, vested with all the functions enumerated in statute, and, so long as it acts honestly and in good faith in performance of its duties, city commissioners cannot dispute, impede, or interrupt its actions (Acts 1932, c. 160; Laws 1894, c. 100, art. 4, sec. 1, subd. 5; Constitution, sec. 160).
Appeal from Kenton Circuit Court
ROBERT C. SIMMONS for appellants.
STEPHENS L. BLAKELY for appellee.
Reversing.
We are required to determine the constitutionality of an Act approved March 14, 1932 (Acts 1932, c. 160, p. 726), entitled:
"An act enabling cities of the Second Class to acquire, construct, improve, operate and maintain bridges across navigable streams, and to acquire and operate ferries thereover, so as to connect such cities with an adjoining State; providing for the creation of bridge commissions of such cities and prescribing their powers and duties; authorizing the issuance of revenue bonds of such cities, payable solely from bridge and ferry earnings, to pay the cost of such bridge and ferry tolls for the payment of such bonds and for the cost of maintenance, operation and repair of the bridges and ferries; setting forth the conditions upon which such bridges shall become free bridges; providing that no debt of such cities shall be incurred in the exercise of any of the powers granted by this Act; providing for condemnation."
The act comprises 24 sections. Section 22 expressly provides:
"This Act shall be deemed to provide an additional and alternative method for the doing of the things authorized hereby and shall be regarded as supplementary and additional to powers conferred by other laws."
At the time of its enactment, section 3058-5, Ky. Stat., sections 3235g-1 to 3235g-7, inclusive, and 3235g-8 to 3235g-30, inclusive (Ky. Stat. Supp. 1933, Acts 1932, c. 160), dealing with interstate bridges of second class cities, were the other laws alluded to in secton 22.
The act under review, as its title indicates, created a commission, and section 3 authorized "the Mayor or other chief executive officer of such city, with the approval of the legislative body of the city, [to] appoint four persons who, with the Mayor or other chief executive officer, ex officio, shall constitute the bridge commission of said city." The terms of the commissioners were therein fixed at four years. It provides for the filling of vacancies, and requires the execution, by each member of the commission, a bond of the penal sum of $5,000 for the faithful performance of his duties, to be approved by the legislative body of the city. Section 4 prescribes the organization of the commission. Section 5 prohibits the members of the commission, employing their relatives or having an interest in any contract, and forbids its employees becoming in any way connected with any person, or interested in any firm or corporation, etc. Section 6 confers the authority upon the commission to acquire "by purchase any toll bridge over a navigable stream so as to connect such city with an adjoining state, or any such toll bridge wholly or partly constructed and/or any franchises, easements, permits and/or contracts for the construction of any such bridge, upon such terms and at such prices as may be considered by such bridge commission to be reasonable and can be agreed upon between it and the owner thereof, title thereto to be taken in the name of such city." Section 7 empowers the commission to acquire by condemnation any land, rights, easements, franchises, and other property deemed necessary for the improvement and/or the efficient operation of any property acquired or constructed under this act, including right of way and approaches leading to any such bridge. The title to any of the property condemned by the bridge commission shall be taken in the name of the city without any obligation on the part of the city to accept or pay for any property condemned or any costs incidental to the condemnation proceedings, except from funds received under the provisions of the act. Section 8 imposes the duty on the commission to improve bridges acquired thereunder. Section 9 authorizes the commission to construct bridges as therein provided, and section 10 to remove obstructions, etc. Section 11 expressly empowers the commission to issue revenue bonds, as therein set out, and directs what the bonds shall contain, and when issued, shall contain a statement on their face that the city shall not be obligated to pay the same or the interest thereon, except from the revenues of such bridge. Section 12 requires all moneys received from any bonds issued pursuant to the act shall be applied solely to the payment of the cost of the bridge or to the appurtenant sinking fund, and grants a lien upon such moneys, until so applied, in favor of the holder of the bonds, or the trustee directed to be appointed provided in respect to the bonds under the act. Section 13 authorizes the commission in its discretion to issue trust indentures for the purpose specified therein. Section 14 imperatively requires the commission to fix, charge, and collect tolls for transit over the bridge, which shall be used to provide a fund sufficient to pay bonds and the interest thereon, and with which to pay the cost of maintaining, repairing, and operating the bridge, subject, however, to any applicable law or regulation of the United States of America now in force or hereafter to be enacted or made. Section 15 directs, when the bonds issued for any bridge and the interest thereon shall have been paid or a sufficient amount shall have been provided for their payment, the commission shall cease to charge tolls for the use of the bridge, and thereafter it shall be free unless tolls shall be required for maintaining, repairing, and operating the bridge. Section 16 is confined to "action by trustee and bondholders." Section 17 grants the powers of the commission to make an agreement with any adjoining state or any municipality or political subdivision thereof, concerning the money or property necessary to defray the cost of construction, acquisition, operation, or maintenance of any bridge connecting such city with such other state or political subdivision. Section 18 inhibits the bridges and ferries as set forth therein. Section 19 authorizes the acquisition of ferries by the commission. Section 20 elaborately describes the general powers of the commission. And section 21 provides for the dissolution of the bridge commission. When the bonds and interest thereon issued hereunder shall have been paid or fully provided for, the commission shall stand dissolved; "thereupon the legislative body of such city shall assume the operation, maintenance and repair of any such bridge, and, unless the cost of operation, maintenance and repair shall be otherwise provided for, shall assume the collection or tolls for the payment of such cost, and shall do any and all other acts and things that may be necessary and convenient for the maintenance of such bridge."
In accordance with section 3, the mayor, with the approval of the legislative body, appointed Bert J. King, C.N. Heisel, Louis Meyer, and John P. Dunphy members of the bridge commission, who, with the mayor, ex...
To continue reading
Request your trial