Moore, 062419 ALAGO, AGO 2019-034

Case DateJune 24, 2019
CourtAlabama
Honorable Charles Moore
AGO 2019-034
No. 2019-034
Alabama Attorney General Opinion
State of Alabama Office of The Attorney General
June 24, 2019
         Honorable Charles Moore          Mayor, City of Irondale          101 20th Street South          Irondale, Alabama 35210          Municipalities - Roads, Highways and Bridges - Private Property -Private Work- Public Purpose -Jefferson County          The City of Irondale may not expend municipal funds or lend its credit for the repair and/or replacement of private roads and bridges in a private gated community located in the city. The city may accept the dedication of the roads and bridges and assume their maintenance and repair under such terms and conditions as determined by the city.          Dear Mayor Moore:          This opinion of the Attorney General is issued in response to your request on behalf of the City of Irondale.          QUESTION          Can the City of Irondale use public funds to repair/replace private roads and bridges in a private gated subdivision located in the city limits in order to restore fire, public works, garbage, and emergency medical services to the subdivision?          FACTS AND ANALYSIS          Your request states that the subdivision in question is a private gated subdivision located in the city limits of Irondale that is accessed by two separate bridges and one separate crossing over a culvert. You further state that the roads in the subdivision are private. The residents of the subdivision and the city have been aware of the deteriorating conditions of the roads and bridges since 2011 and since 2018 have been in discussions concerning their failure and the resultant consequences.          You also state that the subdivision has consistently been less than forthcoming with actions to remedy these conditions. The city has repeatedly requested engineering reports from the homeowners' association confirming that the roads and bridges are safe to cross by fire, garbage, and public works vehicles. The association recently produced a redacted...

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