Category: Alabama Attorney General Opinions

2017-028  

Opinion No. 2017-027 April 4, 2017 Corrections Fund ? Security Systems ? Municipal Courts ? Morgan County The City of Decatur may use corrections fund monies to purchase metal detectors, scanning equipment, and to pay officers and other related expenses to secure the Decatur City Hall building which houses the municipal court. Dear Judge Cook: […]

Opinion No. 2017-026 March 29, 2017 Competitive Bid Law ? Exemptions ? Professional Services ? Municipalities A contract for a Supervisory Control and Data Acquisition System is a public work under section 39-2-1(6) of the Code of Alabama. The contract is not exempt from the Public Works Law. There is no term limitation on a […]

Opinion No. 2017-025 March 24, 2017 Municipalities ? Planning Commission ? Franchises ? Right-of-Way ? Elmore County Absent any contractual franchise arrangement to the contrary, and provided it meets the requirements of section 11-43-62 of the Code of Alabama, a municipality may require a public utility company to relocate its aboveground utility lines and reinstall […]

Opinion No. 2017-024 March 22, 2017 Municipalities ? Contracts ? YMCA ? Parks and Recreation The City of Anniston may enter into an agreement with the YMCA of Calhoun County (?YMCA?) for the YMCA to provide services to its citizens in exchange for the use of city property. Whether the property has been dedicated as […]

Opinion NO.?2017-023 March 21, 2017 Sheriffs ? Estates ? Administrators and Executors ? Conservators ? Funds Pursuant to section 43-2-848 of the Code of Alabama, the probate court may award a reasonable fee to the sheriff for serving as personal representative of the decedent?s estate subject to the guidelines and restrictions therein. Pursuant to section […]

Utility Boards ? Water and Gas Board ? Public Corporations ? Real Property ? Baldwin County The rental of property on a short-term basis by North Baldwin Utilities (?NBU?) constitutes a ?disposition? of property as that term is used in section 11-50-314(a)(10) of the Code of Alabama. The governing body of the municipality in which […]

  Municipalities ? Tax Liens ? Tax Certificates ? Shelby County Pursuant to section 11-51-204 of the Code of Alabama, the City of Alabaster is authorized to pass an ordinance that is similar to or expressly adopts the provisions in either section 40-1-2(c) or 40-29-20 of the Code of Alabama, which would authorize the filing […]

February 3, 2017 Health Care Authorities ? Ad Valorem Taxes ? Hospitals ? Health Care ? Elmore County The Elmore County Health Care Authority may provide financial support to Community Hospital, a private, nonprofit corporation in Elmore County, from the lease revenue or other Authority funds that are not ad valorem tax proceeds. Dear Mr. […]

February 2, 2017 Opinion No. 2017-19   Summary: Education, Boards of ? Schools ? Municipalities ? Residency Requirements The Legislature has not authorized the City of Leeds to adopt an ordinance requiring the appointment of city board of education members from districts corresponding to the city?s council districts. A city council authorized by Alabama law […]

February 2, 2017 Opinion No. 2017-18 ?Summary: Utility Boards ? Compensation ? Dallas County The Selma City Council?s resolution authorizing a fee increase for the members of the Selma Water Works and Sewer Board pursuant to section 11-50-313(a) of the Code of Alabama took effect for all members on proper passage. Prior to the municipal […]

Opinion No. 2017-17 February 2, 2017 Summary: Health Care Authorities ? County Commissions ? Ad Valorem Taxes ? Referendum Election ? Geneva County The Geneva County Commission can increase the special tax levied for hospital facilities from 2.6 mills to four mills.? Whether the tax increase requires approval by a county-wide election or by a […]

January 11, 2017 Honorable Gary W. Waters City of Pelham Mayor Post Office Box 1419 Pelham, Alabama 35124 Municipalities ? City Councils ? Offices and Officers Pursuant to section 11-43-45 of the Code of Alabama, councilmembers who have been nominated to fill the position of council president may vote for themselves. Dear Mayor Waters: This […]

January 3, 2016 Honorable Randy I. Hillman Executive Director Office of Prosecution Services 515 South Perry Street Montgomery, Alabama? 36104 District Attorneys ? Competitive Bid Law ? Exemptions ? Credit Cards ? Motor Fuels District attorneys using a nonexclusive fuel card are not required to competitively bid purchases. Dear Mr. Hillman: This opinion of the […]

January 17, 2017 Honorable Danny L. Smith Attorney, City of Boaz Post Office Box 249 Boaz, Alabama? 35957 Municipal Courts ? Collections ? Setoff Debt Collections ? Income Tax ? Marshall County The income tax setoff provisions may be used to collect fines and court costs, but not restitution, assessed by the municipal courts. Dear […]

January 19, 2017 Honorable Joseph P. Borg Director Alabama Securities Commission Post Office Box 304700 Montgomery, Alabama 36130 State Departments and Agencies ? Securities Commission – Fees Fees levied or assessed by the Alabama Securities Commission can only be increased without legislative action if those fees are retained to fund its operations and programs. A […]

Honorable Richard C. Dorley Chairman, Industrial Development Board of the City of Tallassee 1 Twin Creeks Drive Tallassee, Alabama? 36078 Tax Incentive Reform Act of 1992 ? Tax Abatements ? Industrial Development Boards ? Municipalities ? Elmore County Summary:?The fact that a municipality levies no ad valorem tax does not deprive that municipality and its […]