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...