Alabama Attorney General Opinion 1979-0016

# THE ATTORNEY GENERAL STATE OF ALABAMA · MONTGOMERY, ALABAMA 36130 CHARLES A. GRADDICK ATTORNEY GENERAL File # 15 January 25, 1979 79-00016 Mr. Bruce Gargis, Chairman Colbert County Commission Tuscumbia, Alabama 35674 Colbert County - Compensation for contract for ambulance service authorized. Dear Mr. Gargis: Your request of August 8, 1978, relating to ambulance service for Colbert County and funding therefor, has been received. It is the opinion of this office that the answer to your question is in the affirmative with qualifications. An opinion of this office to C. W. Blackwell, Attorney for Dallas County Commission, dated October 7, 1976, copy of which is attached hereto, dealt with the problem presented by you. You will note that the affirmative ruling in that opinion is based upon a contract for the ambulance service. That procedure is required in such cases in order to avoid a direct contribution to private operators which would be in violation of the constitutional provision in Section 94, Constitution of Alabama 1901. Mr. Brude Gargis, Chairman Colbert County Commission January 25, 1979 Page Two The above advices should enable your county governing body to provide the necessary ambulance service to your county residents. Yours very truly, CHARLES A. GRADDICK Attorney General by- Randolph G. Lurie Assistant Attorney General RGL:cd enc. THE ATTORNEY GENERAL STATE OF ALABAMA · MONTGOMERY, ALABAMA 36131 WILLIAM J. BAXLEY ATTORNEY GENERAL GEORGE L. BECK DEPUTY ATTORNEY GENERAL L. B. SULLIVAN EXECUTIVE ASSISTANT WALTER S. TURNER CHIEF ASSISTANT ATTORNEY GENERAL TOM CORK CONFIDENTIAL ASSISTANT JACK D. SHOWS CHIEF INVESTIGATOR Honorable Cartledge W. Blackwell Attorney, Dallas County Commission Dallas County Courthouse Selma, Alabama 36701 October 7, 1976 County authorized to contract for equipment to operate ambulance service - Act #878, 1975 Acts, page 1736 Dear Sir: Your request for opinion relating to ambulance service in Dallas County is stated as follows: "1. Does the Dallas County Commission have the authority under Act No. 878, Regular Session, 1975, to purchase radio equipment to give to or loan to Arrow Ambulance Service (with- out formally taking over the operation of such ambulance service). "2. If the answer to the question immediately preceeding (sic) was in the negative, does the Dallas County Commission have such authority under any other provisions of law." It is the opinion of this office that Act #878, 1975 Acts, page 1736, in Section 3 thereof, provides an answer to your question #1 which is in the affirmative. Dallas County has the authority, pursuant to said act, to enter into contract to provide ambulance service, and by the nature of your request, it appears Honorable Cartledge Blackwell October 7, 1976 Page Two that your county wishes that ambulance service continue to be provided in Dallas County by contract to pay for certain amount of equipment. Since answer to question # 1 is in the affirmative, it is not necessary to answer question #2. It is hoped that this opinion will serve to continue ambulance service in that area. Yours very truly, WILLIAM J. BAXLEY Attorney General by- Randolph G. Lurie Randolph G. Lurie Assistant Attorney General RGL:cd