AGO 1996-107.

Case DateJanuary 25, 1996
CourtAlabama
Alabama Attorney General Opinions 1996. AGO 1996-107. 1996-107January 25, 1996Honorable Guy F. Gunter, III Attorney, City of Opelika P. O. Box 409 Opelika, AL 36803-0409 Municipalities - Competitive Bid Law - Hospitals - Ambulance Service - Health Care Authorities - Public CorporationsCity may transfer funds to Health Care Authority for providing ambulance services and designate authority as the sole emergency services provider within the municipality and its police jurisdiction.Dear Mr. Gunter: This opinion is issued in response to your request for an opinion from the Attorney General. QUESTIONS 1, 2, AND 3 Are competitive bids required for contracts for ambulance service where the governing body of the municipality has determined that it is in the public interest to purchase said services from a public, tax-supported hospital? Does the City of Opelika have the authority pursuant to its police powers to designate the HOSPITAL as a sole provider of "EMS Services" (Emergency Response, Routine Response, and Ambulance Transport Services) within the City of Opelika and its police jurisdiction? If the answer to the preceding question is in the negative, does the City of Opelika have the authority to designate the HOSPITAL as a sole provider of emergency ambulance services for all calls dispatched through the E-911 system within the City of Opelika and its police jurisdiction? FACTS AND ANALYSIS Your request presents additional information as follows: East Alabama Healthcare Authority, d/b/a East Alabama Medical Center (hereinafter referred to as the "Hospital"), is a regional, nonprofit hospital providing advanced, high quality medical treatment facilities for the citizens of Opelika and the surrounding areas. The board of directors of the Hospital is elected by the governing bodies of the cities of Auburn and Opelika, as well as the Lee County Commission. Moreover, 2.5 mills of ad valorem taxes are levied on all taxable property situated in Lee County and distributed directly to the Hospital. The Hospital currently provides, and has provided for the preceding nine years, ambulance service for the cities of Auburn and Opelika, and Lee County. Emergency calls for ambulance service are routed to the Hospital through the E-911 dispatch. The cities of Auburn and Opelika and Lee County have historically paid a subsidy to the...

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