Alabama Advisory Opinions April 09, 2003: AGO 2003-125 (April 9, 2003)

Alabama Attorney General Opinions

2003.

AGO 2003-125.

Dear Mr. Conwill:

This opinion of the Attorney General is issued in response to your request on behalf of the City of Calera.

QUESTION

May the City of Calera purchase the assets of the Shelco Fire District and assume the liabilities, responsibilities, and operation of the fire and emergency medical rescue and service district?

FACTS AND ANALYSIS

The City of Calera would like to purchase the assets of the Shelco Fire and Emergency Medical Rescue District ("Shelco"). In doing so, the city would assume the liabilities, responsibilities, and operation of the district presently served by Shelco. Amendment 370 to the Constitution of Alabama provides for the establishment of fire districts and the levying of charges for fire protection and emergency medical services in Shelby County.

Ala. Const. amend. 370. Its enabling legislation, Act 77-62, provides for the creation, maintenance, and regulation of fire and emergency medical districts in Shelby County. 1977 Ala. Acts No. 77-62, 1483.

Section 15 of Act 77-62 states, "Any district created hereunder may be abolished in the same manner provided for in this Section 15; provided, however, that no district shall be abolished when it has any indebtedness." 1977 Ala. Act No. 77-62, 1483,1488. Section 15 further provides for the abolishment of a fire district by an election.

It is our understanding that the City of Calera would like to purchase the assets of Shelco and continue providing service to all the residents currently receiving service from Shelco. Section 11-43-142 of the Code of Alabama states, in pertinent part, as follows:

The governing body of any city or town may, in its discretion, authorize or require the fire department thereof to render aid in cases of fire occurring beyond their corporate limits and police jurisdiction, and may prescribe the conditions on which such aid may be rendered and may enter into a contract or contracts with other cities or towns, with counties or county boards . . .

Ala. Code § 11-43-142 (1989). Pursuant to section 11-43-142 of the Code of Alabama, the City of Calera is authorized to contract and provide fire service to residents outside its corporate limits and police jurisdiction. Accordingly, the city may purchase fire equipment from Shelco to meet this end.

The Shelco Fire District, however, may not be abolished without an election as provided for in section 15 of Act 77-62. Shelco cannot be abolished if it is indebted in any way. This Office has stated that, until the expense of the election establishing the district has been paid, the district has indebtedness that would prevent it from being abolished under section 15. Opinion of the Attorney General to the Honorable L. W. Noonan, Judge of Probate, Mobile County, dated July 10, 1992, A.G. No. 92-00330. In the present case, Shelco may not be abolished if it has any existing debt. It is unclear as to whether Shelco has existing debt associated with its assets. If Shelco has an existing debt, it must eliminate the debt before it can hold an election on abolishment.

CONCLUSION

Pursuant to section 11-43-142 of the Code of Alabama, the City of Calera is authorized to contract and provide fire service to residents outside its corporate limits and police jurisdiction. The Shelco Fire District, however, may not be abolished without an election as provided for in section 15 of Act 77-62. If Shelco has an existing debt, it must eliminate the debt before it can hold an election on abolishment.

I hope this opinion answers your question. If this Office can be of further assistance, please contact Rebecca Acken of my staff.

Sincerely,

BILL PRYOR

Attorney General

By: CAROL JEAN SMITH

Chief, Opinions Division

BP/CJS/RGA

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