Alabama Attorney General Opinion 1979-0056

THE ATTORNEY GENERAL STATE OF ALABAMA • MONTGOMERY. ALABAMA 3613 tti-140" CHARLES A. SRAM:NCR ATTORNEY Mr. Idas Neal, Chairman Winston County Commission Double Springs, Alabama 35553 0005-tc Winston County - Recreation Boards - Counties Winston County can maintain and operate physical facilities of recreation area. Dear Mr. Neal: Reference is made to your request for an opinion from the Attorney General as to the following matter: Winston County entered into a contract with the U. S. Department of Commerce to contract a recreation area consisting of a nine (9) hole golf course and two (2) tennis courts. The project was started July 21, 1975 and completed on July 22, 1977. On September 1, 1977 the Winston County Commission opened the above recreation area to the public. My question is, can the commission operate this facility directly or must we establish a recreation board to operate it? A county may acquire land for establishing and maintaining a park under Code of Alabama 1975, Title 11, Chapter 18, Article 2. Under this article a county may directly establish and maintain a park, that is the physical features of the park. However, any recreation program or activities of the park must be under the supervision of a Parks and Recreation Board as set out in Code of Alabama 1975, Title 11, Chapter 22 or Title 11, Chapter 86 as concluded in an opinion of the Attorney General to the Honorable Randall Shedd of Cullman County dated May 1, 1978. CHARLES A. GRADDICK Attorney General Jet, Mr. Idas Neal, Chairman Page 2 Therefore, the Winston County Commission can maintain and operate the physical facilities of the recreation area such as the upkeep and maintenance of the tennis courts and golf course. However, if there are to be any activities or recreation programs involving the recreation facilities, these will have to be supervised by a Recreation Board. If our office can be of further assistance, please do not hesitate to contact us. Very truly yours, LYNDA F. KNIGHT Assistant Attorney General LFK/sg