Turnbach, 121118 ALAGO, AGO 2019-8

Docket Nº:AGO 2019-8
Case Date:December 11, 2018
Honorable James E. Turnbach
AGO 2019-8
No. 2019-008
Alabama Attorney General Opinion
State of Alabama Office of the Attorney General
December 11, 2018
         Honorable James E. Turnbach          Attorney, City of Rainbow City          Turnbach, Warren, Lloyd, Frederick & Smith          Post Office Box 129          Gadsden, Alabama 35902          Municipalities - Public Purpose - Contracts -Emergencies - Ambulance Service          The 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.          Dear Mr. Turnbach:          This opinion of the Attorney General is issued in response to your request on behalf of the City of Rainbow City.          QUESTION          Is the City of Rainbow City constitutionally permitted to pay to fund a contract which would provide emergency air medical transport to residents?          FACTS AND ANALYSIS          Your 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.          Section 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...

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