Honorable James E. Turnbach
Alabama Attorney General Opinion
State of Alabama Office of the Attorney General
December 11, 2018
James E. Turnbach
City of Rainbow City
Warren, Lloyd, Frederick & Smith
Office Box 129
- Public Purpose - Contracts -Emergencies - Ambulance Service
City of Rainbow City may contract with the Etowah County
Mayor's Association to facilitate an agreement with a
corporation for the provision of emergency air medical
transport to the municipality's residents.
opinion of the Attorney General is issued in response to your
request on behalf of the City of Rainbow City.
City of Rainbow City constitutionally permitted to pay to
fund a contract which would provide emergency air medical
transport to residents?
request states that the City of Rainbow City and three other
municipalities in Etowah County have been approached by Air
Methods Corporation ("AMC"), a private Delaware
corporation, to provide air medical transport services for
their residents. You further state that an agreement has been
proposed between AMC and the Etowah County Mayor's
Association ("Association"), which will facilitate
the agreement for the member cities. According to the
proposed contract, each member city would pay a
"membership fee" which would allow the cities'
residents to receive medically necessary air transport at the
rate to be paid by the insurance carrier of the resident
needing the transport.
94 of article IV of the Recompiled Constitution of Alabama
prohibits a municipality or county from granting money or
other thing of value in aid of a private individual,
corporation, or association. Ala. Const. IV, § 94
(amends. 112, 558). This prohibition, however, is not
applicable to a contract with mutual benefits and a...