Public Boards/Authorities

Opinion # 99-119
Discussion advising that one entity may not be incorporated to serve as both a county industrial development board and a county public building authority.

Opinion # 2001-026
Discussion of the incorporation of an airport authority jointly by municipalities and counties.

Opinion # 2001-110
Discussion of general rule that an officer of a board is entitled to hold office until his successor is appointed or elected and has qualified. See also Opinion # 2001-140.

Opinion # 2001-140
Discussion of general rule that an officer of a board is entitled to hold office until his successor is appointed or elected and has qualified. See also Opinion # 2001-110.

Opinion # 2001-247
Discussion of exemption from the payment of state and local gasoline and motor fuel excise taxes for water, sewer, and fire protection authorities.

Opinion #2002-080
Discussion of appointment and removal of directors of a water authority incorporated under Code of Alabama 1975, § 11-88-1 et seq.

Opinion #2002-117
Discussion of the procedures to be followed by a mental health board in which a municipality or county is the appointing authority for the sale or transfer of property.

Opinion #2002-125
Discussion of allowable compensation for directors and board members of a water and fire protection authority pursuant to Code Section 11-88-6. Note: This statute was amended during the 2002 Regular Session to increase this compensation.

Opinion #2002-226
Discussion providing that a county hospital board cannot make a loan to a private, for profit corporation using funds received from ad valorem taxes.

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 # 2002-307
Discussion explaining that a city of 60,000 or more in population must be located wholly within one county to share the authority with the county commission in the appointment of the county board of human resources.

Opinion # 2002-317
Discussion providing that a water, sewer, or fire protection district organized pursuant to Code of Alabama 1975, § 11-89-6 must have a unanimous vote of all three authorizing subdivisions to prescribe additional compensation for the directors of the district.

Opinion # 2002-321
Discussion of circumstances under which a water and fire protection authority may impose various fees on customers located in the service area.

Opinion # 2002-335
Discussion of several aspects of a hospital authority's power to dispose of the property it owns and procedures for dissolution of the authority.

Opinion # 2002-344
Discussion of circumstances under which a Water Works Board may purchase the assets and assume the liabilities of a Water District.

Opinion # 2003-039
Discussion providing that a county health care authority can donate to a municipality property in the municipality formerly used as a small hospital facility.

Opinion # 2003-058
Discussion providing that a county health care authority and its facilities have the protection of the county's liability caps for the recovery of damages for bodily injury, death, or damage to property.

Opinion # 2003-108
Discussion regarding possible uses of funds derived from taxes collected under Amendment 76 authorizing ad valorem tax for "public hospital purposes".

Opinion # 2003-193
Discussion providing that the general manager of a water authority is not prohibited by state law from running for the office of county commissioner in the county where the authority is located.

Opinion # 2003-105
Discussion providing that a water and fire protection authority is not exempt from the payment of the utility gross receipts tax.

Opinion # 2004-139
Discussion providing that a county hospital board may sell real property to an individual for valuable consideration/fair market value without advertising the sale.

Opinion # 2004-153
Discussion providing that, upon dissolution of a county hospital board, any unused funds must be used in a manner consistent with the purposes for hospital board was established.

Opinion # 2005-070
Discussion providing that a director of a county water and sewer authority, whose term has expired, continues to serve until replaced or reappointed by the county commission, and that the term of office begins to run retroactively to the date the prior term expired.

Opinion # 2005-097
Discussion providing that a person convicted of a felony may be ineligible or disqualified from serving as a utility board member.


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