Alabama Attorney General Opinion 1979-0091

" OFFICE OF THE ATTORNEY GENERAL rig- 0009/ CHARLES A. GRADDICK ATTORNEY GENERAL STATE OF ALABAMA LEE L. HALE , DEPUTY ATTORNEY GENERAL WILLIAM M. EEICURS. JR. EXECUTIVE ASSISTANT APR 26 1979 AOMINI IVE SUILOING U NORTH UNION STREET MONTGOMERY Vitae AREA IEOS3. ISA-SI so WALTER S. TURNER CHIEF ASSISTANT ATTORNEY GENERAL JANIE NOBLES ADMINISTRATIVE ASSISTANT Mr. Robert H. Kirksey, Chairman Pickens County Commission P. 0. Box 460 Carrollton, Alabama 35447 ' County Commissions - Road work - Equipment Use of county facilities for specific public and private purposesichsckssa, Dear Mr. Kirksey: Your request of March 2, 1979 has posed several questions regarding the use of county equipment and material on various projects which we will attempt to answer categorically as • you have presented them. This office rendered an opinion to the Perry County Com- mission covering the subject matter in a general way and a copy of that opinion is enclosed herewith for your informa- tion and guidance. The following questions and answers reflect the consensus of this office on the subject matter: 1. Is it permissible for the County Commission to spend county funds or use county forces and equipment for the following purposes: Mr. Robert H. Kirksey, Chairman Pickens County Commission Page Two A. To construct or maintain public streets, which are not designated as county roads-and which lie inside the corporate limits of a municipality? The answer to your above question is in the affirmative. Code of Alabama 1975, §11-49-60 provides adequate authority for the construction and maintenance of public roads and streets within the corporate limits of a municipality. To construct or maintain streets, driveways, parking lots, playgrounds or drainage structures on the grounds of the public schools in the county? The answer to the above question is in the affirmative. Code of Alabama 1975, S11-3-11(21) provides as follows: "To use convict labor and any county equip- ment or machinery or expend any necessary sum of money for the improvement, beautifi- cation or decoration of the grounds, campus or premises of any county school or schools under the control of the board of education in such county." The Attorney General has held that the above provisions of law adequately support funding and use of machinery for the im- provement, beautification, or decoration of the grounds of the public schools within such county. C. To construct or maintain roads or railroad spur lines or prepare industrial sites on property owned by an industrial development board of a municipality organized under the provisions of Title 11, Article 4, 1975 Code of Alabama? This office has been unable to determine the industrial develop- • • . Mr. Robert H. Kirksey, Chairman Pickens County Commission Page Three ment authority to which you refer in your citation to Title 11, Article 4, 1975 Code of Alabama. There are several statutes authorizing various manners in which to promote industrial development and in some instances county facilities may be used in the construction process by specific authori- zation; otherwise there is no authority for such usage. Act #604, Acts of Alabama 1978, page 358 provides in pertinent part in Section 6 thereof as follows: "Agreements between the industries located within the boundaries of an Industrial Park and the county commission and/or any municipality or muni- cipalities located nearby may be made for mutual police and fire protection, water service or any other service. No Industrial Park shall be subject to municiPal annexation, nor shall it be considered as a part of the police jurisdiction of any municipality. All Industrial Parks shall be subject to the juris- diction of the sheriff and courts of the county in which they are located in the same manner that cities and towns are subject to such jurisdiction. "All Industrial Parks so created shall include provisions for access by public road to any and all entrances to the premises of each and every plant in such area which entrances are provided for use by employees of such company, or for use by employees of independent contractors working on such premises, or for delivery of materials or supplies, other than by rail or water transportation to such premises." It is noted that such access facilities in these industrial parks shall be public roads which fortifies the position of this office in limiting the use of public equipment to public projects. Mr. Robert H. Kirkse Y. Chairman Pickens County Commission Page Four D. To construct or maintain streets, driveways, parking lots or drainage structures on the grounds of the site of the Pickens County Hospital, which is owned and operated by the Pickens County Hospital Association and orga- nized under the provisions of Section 9, Act 211, 1945 Regular Session of the Legislature? The answer to the above question is in the affirmative. Code of Alabama 1975, §22-21-56 provides as follows: "The governing bodies of each local political subdivision involved are hereby authorized to appropriate their respective shares of the cost of constructing, main- taining, equipping and operating such hos- pitals as determined upon by agreement be- tween the executive committee of the associ- ation and the stateboard of health. The sums so appropriated shall be paid into the trea- sury of the corporation and shall be paid out on certificate of the executive committee of the, corporation." The maintenance of streets, driveways, parking lots and drainage structures are incident to anda part of the construction, maintenance and operation of a hospital facility created pur- suant to Code of Alabama 1975,SS22-21-50, et seq. E. To construct or maintain a road to a cemetery which lies some distance from a county road and is surrounded by private property? There is no provision for the construction or maintenance of roads by the use of county facilities which are on private pro- perty and not for public purposes. Mr. Robert H. Kirksey, Chairman Pickens County Commission Page Five F. To load gravel onto trucks owned or rented by a municipality and which are engaged at that time by the municipality in hauling gravel to municipal streets, where the county loader is not required at the time for use on county roads? The answer to the above question is in the affirmative. It is necessary, however, that contractual arrangements be made for adequate reimbursement by the city to the county based on the established rate for such service. 2. Is it permissible for the County Commission to temporarily rent out county road equipment, on a negotiated contract, when such equipment is not needed or being used on the rold-s of the county, provided the same is rented to: A. A municipality of the county? The answer to this question is contained in the response to 1. A. and the county commission is authorized to contract for adequate consideration for the use of county equipment and material in construction and maintenance for public streets within the municipality. B. A private individual or business concern? The answer to the above question is in the negative. (See enclosed opinion). 3. If your answer to Question 2, above, is in the negative, what would your answer be under the same question, except the facts were changed to provide that sealed bids would be taken after reasonable advertisement, and rented to: A. A municipality of the county? Mr. Robert H. Kirksey, Chairman Pickens County Commission Page Six The answer to this question is contained in the answer to 2.A. It is the further opinion of this office that sealed bids are not required inasmuch as there is only one transaction, one vendor, and the use of special equipment. B. A private individual or business concern? The answer to the above question is contained in the answer to 2.B. and no sealed bids are applicable inasmuch as the county commission is not authorized to rent road equipment to private individuals or business concerns., It is hoped that the above conclusions by this office will be of assistance to you in determining the use of county equip- ment, material and labor. Sincerely, CHARLES A. GRADDICK Attorney Gene al by- tit f 4144L Rand*ph S. Lurie Assistant Attorney General RGL:cd enc.