Alabama Attorney General Opinion 1979-0014

# THE ATTORNEY GENERAL STATE OF ALABAMA · MONTGOMERY, ALABAMA 3613 79-00014 CHARLES A. GRADDICK ATTORNEY GENERAL January 23, 1979 File # 13 1-26-79 Mr. George Salmon Chairman The Water Works and Sewer Board of the City of Anniston P.O. Box 2268 Anniston, Alabama 36202 Utilities Boards Code of Alabama 1975, Section 41-16-1 applies to Water Works and Sewer Board. Dear Chairman Salmon: The Attorney General received your request for an opinion from this office as to whether the provisions of Code of Alabama 1975, Section 41-16-1 applies to the Water Works and Sewer Board of the City of Anniston. Your question is to be answered in the affirmative. Section 41-16-1 begins: Under any contract for public improvements awarded by the state or by any department, agency, board, commission, authority, or political subdivision thereof, including any municipality, county and any board, commission or agency of such municipality or county, the contractor may, from time to time, withdraw the whole or any part of the amounts retained from payments due the contractor under the terms and conditions of such contract by depositing with the state treasurer of the state of Alabama or the treasurer or comptroller of any municipality or county holding funds belonging to the contractor, the following security or any combination thereof in an amount at least equal to the amount so withdrawn, said security to be accepted at the time of deposit at market value but not in excess of par value: ... Mr. George Salmon January 23, 1979 Page 2 It is the opinion of this office that The Water Works and Sewer Board would be regarded as an agency and board of a municipality in this section although it is an independent public corporation. It is a board on the municipal level, and this is with which Section 41-16-1 is concerned. If our office can be of further assistance, please do not hesitate to contact us. Very truly yours, CHARLES A. GRADDICK Attorney General By- Lynda F. Knight LYNDA F. KNIGHT Assistant Attorney General LFK/aw