Alabama Attorney General Opinion 1979-0092

OFFICE OF THE ATTORNEY GENERAL DOCY3Q CHARLES A. GRADDICK LEE L. HALE ATTORNEY GENERAL DEPUTY ATTORNEY GENERAL STATE OF ALABAMA WILLIAM M. BEKURS. EXECUTIVE ASSISTANT WALTER S. TURNER CIMEP ASST ATTORNEY GENERAL Jan IE NOBLES ADMINISTRATIVE ASSISTANT May 23, 1979 ADMINI WE BUILDING 54 NORTH UNION STREET MONTGOMERY. ALABAMA 341130 AREA MM. 1114-51110 Mr. Robert H. Kirksey, Chairman Pickens County Commission P. 0. Box 460 Carrollton, Alabama 35447 Re: Clarification of opinion dated April 26, 1979 Dear Mr. Kirksey: Your letter of May 16, 1979, requesting a clarification of opinion of this office to you dated April 26, 1979, which presents three questions, has been received and considered. You asked the following questions: (1) Is it necessary that a County Commission contract for adequate consideration in all instances where county forces and equipment are used on municipal streets? (2) May County Commissions elect to construct or maintain certain municipal streets without any consideration being paid by the municipality? (3) Is it permissible for the County Commission to allow a municipality to use certain county road equipment (with the municipality furnishing the operator), without payment of any consideration to the county? CHARLES A. GRADDICK Attorney General by- ph G. Lu le Assistant Attorney General Mr. Robert H. Kirksey, Chairman May 23, 1979 Pickens County Commission Page Two The answers to questions (1) and (2) may be found in Code of Alabama 1975, §11-49-60. This statute provides for a con- tractual relationship between State, County, and/or City at the discretion of each for construction and maintenance of city streets and it is the opinion of this office that this dis- cretion may or may not include compensation for the work. For further explanation of the said April 29, 1979 opinion and for further response to your inquiries (1) and (2), those city streets or avenues which are designated as "connecting links" between highways are constructed and maintained by the State Highway Department which Department may contract with the county for such work. Therefore, the Pickens County Commission may participate in the maintenance of city streets in Pickens County with or without adequate consideration. Your question (3) has been resolved in opinion to Mr. Tom Young, dated January 19, 1979, copy of which is enclosed for your information and convenience. County road equipment may be used only on public roads and the clarification recited in response to (1) and (2) applies in this instance. The County may or may not require payment from the city for use of such equipment for such purposes. It is hoped that the above clarification will serve to solve your problems. Sincerely, RGL:cd 1r,