AGO 1996-087.

• Case Date: January 08, 1996
• Court: Alabama

Alabama Attorney General Opinions 1996. AGO 1996-087. 1996-087January 8, 1996Honorable Charles K. Lansdell, Sr. Mayor, Town of Cherokee P. O. Box D Cherokee, AL 35616 Municipalities - Private Work - Private Enterprise - Sand and Gravel The Town of Cherokee may haul gravel for its citizens if: (1) there is class legislation allowing the city to do such work and providing a certainty of reimbursement to the city for labor, materials, and equipment used; or (2) the property in question is causing damage or constitutes a safety or health hazard. The Ethics Commission should be contacted regarding the applicability of the Ethics Law to this matter.Dear Mayor Lansdell: This opinion is issued in response to your request for an opinion from the Attorney General. QUESTION Can the town haul gravel for its citizens under the following conditions: a. the service is available to all citizens within the corporate limits and/or police jurisdiction; b. the service is available on a first come, first served basis as manpower allows; c. the citizen must pay for the gravel to be hauled; d. the Town would make no charge for the service? FACTS, LAW AND ANALYSIS Section 94 of the Constitution of Alabama, as amended by Amendment No. 112, prohibits a municipality from granting money or any other thing of value in aid of a private person, association or corporation. Furthermore, historically there has been a strong public policy against the granting of funds or property by a public entity to private persons...