Rash v. Lou. & Jeff. Co. Met. Sewer. Dist.
| Decision Date | 21 January 1949 |
| Citation | 309 Ky. 442 |
| Parties | Rash v. Louisville & Jefferson County Metropolitan Sewer District et al. |
| Court | Supreme Court of Kentucky |
1. Statutes. — Act entitled an Act relating to adequate sewer and drainage facilities in cities of the first class and in counties containing such cities, but authorizing creation of Metropolitan City and County Sewer Districts, does not violate constitutional provision requiring that subject of a law shall be expressed in the title. Laws 1948, c. 180; Const. sec. 51.
2. Statutes. — Provision of the Constitution that no law shall be revised, amended or provision thereof extended or conferred by reference to its title only, but so much as is revised, etc., shall be re-enacted and published at length, does not prohibit amendment of a particular paragraph of a previous legislative act which was ordinarily published as a separate section of the statutes when the paragraph is republished as amended. Const. sec. 51.
3. Statutes. — Sections 2 and 3 of Laws 1948, c. 180, relating to adequate sewer facilities in cities of the first class, undertaking to amend subsections 7 and 10 of section 76.080 by republishing the two subsections together with addition of amendatory clauses without republication of that portion of the original statute giving the subsections meaning, thereby requiring legislators to resort to the original statutes, violates the constitutional provision that no law shall be amended or extended by reference to the title only but so much as is amended or extended shall be re-enacted and published at length. Laws 1948, c. 180, secs. 2, 3; KRS 76.010, et seq., 76.080 (7, 10); Const. sec. 51.
4. Appeal and Error. — Court of Appeals would examine statute before declaring it valid notwithstanding constitutional grounds had not been raised by counsel.
5. Municipal Corporations. — Louisville and Jefferson County Metropolitan Sewer District created as an independent body politic charged with adminstration of designated affairs with statute as charter, exercising powers vitally affecting public health of county as a separate entity and acting for its own purposes, is a "municipality." KRS 76.010 et seq.; Laws 1948, c. 180; Const. secs. 157-159, 161, 164, 165, 180, 181.
6. Municipal Corporations. — Under constitutional provision prohibiting municipal officer from filling two incompatible offices at the same time, public officer or servant must discharge his duties uninfluenced by duties and obligations of another office, whatever the title or duties may be. Const. sec. 165.
7. Municipal Corporations. — Two lawfully and fully organized public or municipal corporations cannot have jurisdiction and control at one time of the same population and territory and exercise similar powers in the same boundaries, though, in absence of constitutional restrictions, no objection exists to power of the legislature to authorize formation of two municipal corporations in the same territory at the same time for different purposes and to authorize them to co-operate for accomplishment of their respective purposes.
8. Municipal Corporations. — Without amendment of charter, city has no extraterritorial power, its jurisdiction ending at its municipal boundaries, and city ordinances and officers cannot operate beyond corporate area except by certain classes of contract or under a power implied to match responsibility imposed or necessary to effectuate what is expressed.
9. Municipal Corporations. — Section 1 of the 1948 amendment to the statute authorizing creation of metropolitan city and county sewer districts in cities of the first class and counties containing such cities, providing that sewer board may not employ a lawyer, but that director of law, otherwise city attorney of each such city, and staff, shall render all legal services for the district and its board, is violative of the constitutional prohibition against public officer holding two incompatible municipal offices. KRS 76.010 et seq., 76.060; Laws 1948, c. 180, sec. 1; Const. secs. 44, 165, 237.
10. Municipal Corporations. — Section 4 of the 1948 amendment to the statute authorizing creation of metropolitan city and county sewer districts in cities of the first class and counties containing such a city, vesting in city legislative body visitorial powers over business activities and affairs of sewer district and board is violative of the Constitution prohibiting the holding of two incompatible municipal offices. KRS 76.010 et seq., 76.091; Laws 1948, c. 180, sec. 4; Const. secs. 44, 165, 237.
11. Constitutional Law. — It is not judicial function to pass upon wisdom, reasonableness or appropriateness of legislation.
12. Statutes. — Invalidity of section 4 of the 1948 amendment to the statute authorizing creation of metropolitan city and county sewer districts in cities of the first class and counties containing such a city, vesting in the city's legislative body controlling power over the sewer board, does not invalidate section 5, reducing salaries of board members from $3,000 annually to $20 per month, in view of the severability clause of the statute. KRS 76.030(5), 446.090; Laws 1948, c. 180, secs. 4, 5, 6.
13. Evidence. — Court of Appeals may judicially notice that Jefferson County is the only county containing a city of the first class to which the statute authorizing metropolitan sewer districts may apply. KRS 76.010 et seq.
14. Evidence. — It is common knowledge that the Louisville Water Company is the only system which supplies the city of Louisville and its environs with water.
15. Corporation; Waters and Water Courses. — The Louisville Water Company, though a corporation and a separate entity, is as practical matter not only a public service company but an operating facility of the city of Louisville. KRS 76.010 et seq.
16. Waters and Water Courses. — The Louisville Water Company is a "public water company or service" which may under a contract with sewer board discontinue its service to delinquent sewer users under the statute authorizing metropolitan sewer district to enter into contract with such a company for discontinuance of water service to such users. KRS 76.090(3).
17. Taxation. — Statute declaring that bonds and income therefrom issued by metropolitan sewer district are exempt from ad valorem and income taxation is constitutionally valid since sewer board performs a governmental function. KRS 76.210.
Appeal from Jefferson Circuit Court.
James W. Stites and Doolan, Helm, Stites & Wood for appellant.
Gilbert Burnett, Director of Law, and John Moreman and Blakley Helm, Assistant Directors of Law, for appellees.
Before Lawrence F. Speckman, Judge.
Affirming in part, reversing in part.
The suit challenges the constitutionality of an act of the General Assembly amending Chapter 76, Kentucky Revised Statutes, under which the appellee, Louisville and Jefferson County Metropolitan Sewer District, was established and is functioning.
The constitutionality of the statute, enacted in 1946, was declared in Veail v. Louisville & Jefferson County Metropolitan Sewer District, 303 Ky. 248, 197 S.W. 2d 413. It has been before us for construction in several later cases. The acts of the 1948 session of the legislature not having been published, even at this late date, we must refer to this Act as Senate Bill No. 166, although the amended sections are published in the 1948 Edition of the Statutes.
The title of the Act is as follows: "An Act relating to adequate sewer and drainage facilities in cities of the first class and in counties containing such cities, amending Section 76.060, Subsection (7) of Section 76.080, Sub-section (10) of Section 76.080 of the Kentucky Revised Statutes, subsection (5) of Section 76.030 of Kentucky Revised Statutes and creating a new Section relating to such facilities, to-wit: Number 76.091 Kentucky Revised Statutes."
I. The appellant maintains the requirement of Section 51 of the Constitution that the subject of a legislative act shall be expressed in the title is violated. The argument is that the word "adequate" in the title is deceptive and renders it an untrue index of the body of the Act as in Engle v. Bonnie, 305 Ky. 850, 204 S.W. 2d 963. It is submitted that the reader of the title would naturally and justifiably be led to understand that the Act dealt with increasing the sufficiency and usefulness of sewer and drainage facilities, while, as a matter of fact, the adequacy of those facilities is not the subject of the law. Strictly construed that is true. The use of the word "adequate" was probably suggested or induced by the statement at the beginning of the original enabling act as to its purpose. The word seems to be mere surplusage, though if regarded as meaning efficient, it would not be inappropriate from the assumed viewpoint of the sponsors of the Act. We think the title is good.
II. We consider Sections 2 and 3 of the Act, which undertake to amend Subsections (7) and (10) of 76.080.
The Act publishes Subsection (7) as thereby amended as follows: "(7) To make bylaws and agreements for the management and regulation of its affairs and for the regulation of the use of property under its control and for the establishment and collection of sewer rates, rentals and charges, which sewer rates, rentals and charges, applicable within the limits of a city of the first class, shall be subject to the approval, supervision and control of the legislative body of such city as hereinafter provided." The change is the addition of the clause beginning "which sewer rates, rentals and charges."
Subsection (10) as amended and published reads as follows: "(10) To fix and collect sewer rates, rentals, and other charges, for service rendered by the facilities of the district, which sewer rates, rentals, and other charges, applicable within the limits of a city of the first class, shall be subject to the...
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