Alabama Attorney General Opinion 1979-0218

' OFFICE OF THE ATTORNEY GENERAL LEE L. HALE DEPUTY ATTORNEY GENERAL WILLIAM M. BENURS, JR. EXECUTIVE ASSISTANT WALTER S. TURNER CHIEF ASSISTANT ATTORNEY GENERAL JANIE NOBLES ADMINISTRATIVE ASSISTANT CHARLES A. GRADDICK ATTORNEY GENERAL STATE OF ALABAMA JUN 1 1 1979 ADMINISTRATIVE BUILDING 1141 NORTH UNION MONTGOMERY. 33333 AREA (2011). 1341110 Honorable Maurice C. West Mayor City of Graysville Graysville, Alabama, 35073 Municipalities - Graysville Private Work - Public Funds 1. City may install pipe on right-of-way at entrances to private property in order to maintain flow in'drainage ditches and may charge a fee for the installation. 2. City may reimburse members of Recreation Board for actual expenses incurred in their duties. 3. Under facts stated, city cannot build parking lot on land owned by the State Armory Commission. Dear Mayor West: The Attorney General has received your requests for opinions. You first ask the following question: "Can the City of Graysville purchase and stockpile pipe for purchase by private citizens and organizations of the City Honorable Maurice C. West Page Two of Graysville, Alabama, said pipe to be installed by the City or other party or entity on public property at entrances and/or driveways to private residences and/or businesses in the said City of Graysville, Alabama, or its police jurisdiction? "The facts giving rise to this Attorney General's Opinion are as follows: "Various citizens and/or organizations of the City of Graysville and one of its councilmen have requested that the City of Graysville purchase and stockpile pipe for purchase by private citizens or organizations of the City of Graysville, said pipe to be installed by the said City or other party or entity on public property at entrances or driveways to private residences and/or busi- nesses in said City or its police jurisdiction." It appears from facts presented in your request that it is necessary to install pipe on public property at entrances or driveways to private residences or businesses in order to maintain the flow in ditches which are maintained on the right-of-way while allowing private citizens continued access to their property. Under these facts, it is the opinion of this office that the city may both purchase and install pipe on public property in order to create a culvert which will allow the continued flow in drainage ditches. Although Section 94, Constitution of Alabama 1901, prohibits cities from stockpiling pipe to be sold directly to the general public, it is the further opinion of this office that the city could, if it wished, charge a fee, for the materials and work involved in installing the pipe. Your next question is stated as follows: "Is it legally permissible for the City of Graysville, Alabama to reimburse members of the Board of Directors of the Park and Recreation Board of the City of Graysville for their expenses when said Park Honorable Maurice C. West Page Three and Recreation Board is formed and exists pursuant to Chapter 86, Code of Alabama, 1975, beginning at §11-86-1, et. seq.? "If the City of Graysville can reimburse said members of said Board of Directors for their said expenses, must they submit in writing, vouchers for the amount of such reimbursement, and if reimbursement can be made for such expenditures, is there a limit on the amount of such reim- bursement?" In answer to your second question, Code of Alabama 1975, Section 11-86-5 provides: "The county commission of a county or governing body of a municipality may make appropriations from county or municipal general funds to the rec- reation board for the support and maintenance of the board, ..." It is the opinion of this office that the above-quoted provision allows a city to reimburse the members of a recrea- tion board organized under the provisions of Code of Alabama 1975, Sections 11-86-1 through 11-86-6 for the actual expenses they incur in the actual performance of their official duties as board members. The members should be required to submit vouchers or other proof of expense and should receive only the actual amount of expense as reimbursement. Your final question is: "Can the City of Graysville, Alabama, expend City funds in order to pave a parking area on real property located inside the City of Graysville, but owned by the State Armory Commission, without reimbursement therefor, when the said real property is not leased to or owned by the City of Graysville Honorable Maurice C. West Page Four and the parking thereon said property will be City employees and occasionally the public and said parking thereon will be at the discretion of the owners of said real property?" This question was answered in an Opinion to Hon. Maurie West, Mayor of Graysville under date of August 18, 1978, a copy of which is enclosed, and this opinion still stands. The City of Graysville may not build a parking lot on land owned by the State Armory Commission when use of the parking lot is totally within the discretion of the Armory Commission. I do hope that this response fully answers your questions. If, however, we may be of further assistance, please do not hesitate to contact us. Yours truly, CHARLES A. GRADDICK Attorney General Bym ' CAROL JEAN SMITH Assistant Attorney General CJS/sa Enc.