Alabama Attorney General Opinion 1979-0210

CHARLES A. GRADDICK • ATTORNEY GENERAL STATE OF ALABAMA MAY 31 1979 lg[LHALE DEPUTY ATTORNsv GENERAL W,OCRUNS, IA SIECCuTIVIE ASSISTANT W {.TURNER [Nit.' ASSISTANT JAMIE NOCLES ADMINISTRATIVE ASSISTANT AcnioNISTIOATIVIt IP NORTH UNION NioNTOONEll V, AILSOMMI ant AREA IMPS I MI low OFFICE *OF THE ATTORNEY GENERAL 19- 00Q 10 Honorable Sam Stewart Mayor, City of Carbon Hill Carbon Hill, Alabama 35549 City of Carbon Hill - Private Work - Public Works City may clean storm drains on city rights-of-way crossing private property. Dear Mayor Stewart: Reference is made to the request by the city council of Carbon Hill for an opinion from the Attorney General as to the following matter: "Can the City clean the above described areas along city rights- of-way but crossing private prop- erty while doing the other work under the special project being funded by the Department of Industrial Relations?" The areas described in the resolution are open storm drains. Your question is to be answered in the affirmative. It is the opinion of this office that the above dis- cussed project by the City of Carbon Hill would not violate • Honorable Sam Stewart Page Two Section 94 of the Constitution of Alabama 1901 in that although the drains run across private property they are technically owned by the city. Section 94 prohibits a municipality from giving money or a thing of value in aid of a private person, association or corporation. If our office can be of further assistance, please do not hesitate to call on us. Sincerely, CHARLES A. GRADDICK Attorney General ArnizidNi LYNDA F. KNIGHT Assistant Attorney General LFK;mj