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County Commission Authority
and Prohibited Acts
Opinion
# 99-074
Discussion regarding fact that, absent specific legislative
authority, counties have no authority to call for an advisory
referendum on a ballot.
Opinion
# 2000-008
Discussion providing that a county commission may allow
a monument to be placed on courthouse grounds, and once
accepted, may assume responsibility for its maintenance.
Opinion
# 2001-029
Discussion of counties hiring grant writers and lobbyists.
Opinion
# 2001-188
Discussion of prohibition against working on water and
sewer lines located on private property.
Opinion
#2002-108
Discussion of under what circumstances the county commission
can obtain a blanket bond for county officials and employees
required to post bond.
Opinion
#2002-134
Discussion of state, county, and municipal laws and rules
and regulations regarding placement of political signs
on public right of way.
Opinion
#2002-161
Discussion of the authority of counties and municipalities
to adopt building codes.
Opinion
# 2002-253
Discussion providing that the county commission may pay
the mortgage of wastewater treatment facility incorporated
as a public corporation through Section 11-97-1 et seq.
of the Code of Alabama where that facility is carrying
out governmental functions.
Opinion
# 2002-289
Discussion providing that the county commission may make
expenditures to process and handle the payroll for various
private and public agencies if the expenditures are deemed
to be for a public purpose, but that a better practice
would be to contract with the organizations to provide
services to the public in return for the county's services.
Opinion
# 2002-304
Discussion providing that a city may enter into a contract
with the Girl Scout Council to provide funds to the Council
in exchange for programs for girls in the local public
schools and public housing communities.
Opinion
# 2002-313
Discussion providing that a municipal or county ordinance
that purports to regulate fishing in a manner that is
inconsistent with the general laws of the state is invalid.
Opinion
# 2002-318
Discussion providing that a city may lawfully enter into
a contract with the Greater Alabama Council, Boy Scouts
of America, to expend public funds to provide the ScoutReach
programs to disadvantaged Hispanic and African-American
boys between the ages of 7 and 15 if it determines that
the program has a public purpose.
Opinion
# 2002-339
Discussion providing that a county commission may, for
adequate consideration, contract to provide payroll support
for the payment of a youth development facilitator funded
by an ADECA grant for a local children's policy council.
Opinion
# 2003-002
Discussion providing that the county Commission lacks
authority to levy and collect a casual sales and use tax
upon the casual sale of manufactured homes.
Opinion
# 2003-003
Discussion providing that the county commission and the
sheriff can contract with the County Board of Education
for the Sheriff's Department to provide security at county
schools.
Opinion
# 2003-023
Discussion providing that the county commission does not
have the legal authority to adopt regulations governing
homestead burials when such are "family burial plots"
as defined by law.
Opinion
# 2003-106
Discussion providing that counties, with the consent of
the sheriff, and with the sheriffs of the counties as
parties, may enter into agreements whereby the sheriff
will assist other offices with law enforcement services
across county lines.
Opinion
# 2003-149
Discussion providing that a county opting into the Homebuilders
Licensure Law cannot add restrictive language limiting
the law's applicability in the county.
Opinion
# 2004-027
Discussion providing that Alabama law does not preclude
a county from creating a capital improvement cooperative
district for the purpose of establishing and operating
a prison facility or preclude the cooperative district
from leasing a prison facility from a private company.
Opinion # 2004-190
Discussion providing that the county commission may not provide a moral obligation pledge to repay bonds issued by an Improvement District.
Opinion # 2004-207
Discussion regarding the authority and duties of the chairman of the county commission in relation to expenditure of county funds.
Opinion # 2005-057
Discussion providing that a county or municipality can produce a history of the entity and distribute it to public, school, and university libraries, but cannot sell it directly or indirectly through a nonprofit organization.
Opinion # 2005-077
Discussion providing that, unless a drainage easement has been dedicated to the county, it cannot perform work on the drainage easement or on private property damaged by the easement, unless it is to correct damage or health problems caused by county property, work, or equipment.
Opinion # 2005-087
Discussion providing that the county commission may use surplus Amendment 72 tax proceeds for the construction and operation of an animal shelter.
Opinion # 2005-114
Discussion providing that a municipality (or county) may pass provisions stronger than the Alabama Clean Indoor Air Act, as long as they are not inconsistent with state law.
Opinion # 2005-139
Discussion providing that the county commission is not required to pay the probate judge’s attorney’s fees in a legal matter between the probate judge and the county commission, but may do so pursuant to settlement or court order.
Opinion # 2005-166
Discussion providing that a county commission may participate in, and provide assistance to, programs for senior citizens pursuant to § 38-1-6, and as such, may enter into a long-term lease with a city to establish a senior citizens center.
Opinion # 2005-167
Discussion providing that a county or municipality may enter into a contract with a public housing entity to provide affordable dwelling accommodations for persons of moderate and low income residing within their jurisdictional limits.
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