Mississippi Advisory Opinions December 13, 1989: 19891213 (December 13, 1989)

Advisory Opinion Text

Michael P. Younger, Esquire

Rankin County Board Attorney

200–A Town Square

Brandon, Mississippi 39042

Dear Mr. Younger:

Attorney General Mike Moore received your request for an opinion and assigned it to me for research and reply. In your letter of request, you state, in part, the following:

Approximately two years ago Rankin County, through appropriational funds and borrowing of monies, accumulated the sum of $400, 000 to construct a unit facility for our County.

After the most recent special elections, the composition of the Board of Supervisors changed and the new Board of Supervisors elected to construct the unit facility at a different site and location than that site previously selected by prior Boards.

Prior Boards had, through borrowing of funds and through other means, set aside the sum of $400, 000 for construction of the unit facility.

The question that I have is, can the Rankin County Board of Supervisors use a portion of this $400, 000, which has been specially set aside to construct the unit barn facility, to also construct an access road across property that would give access to the general public to said facility.

I can find nothing under the statutes that would prohibit the use of these funds for construction of an access road for ingress and egress to the unit barn facility, but I wanted to be safe by requesting of you an opinion.

In order for us to respond to your request for an official opinion to the question that you present, it would be necessary for us to examine the authority under which the county borrowed the monies and the authority under which the county obtained additional monies by tax levies.

By way of general information, I am enclosing a copy of an opinion issued to Mr. Jimmie Smithie, dated January 30, 1984, which states that Section 37–59–3 of the Mississippi Code of 1972, which authorized the issuance of bonds for the erection and enlarging of school buildings and related facilities and for other purposes, did not authorize the county board of education to expend funds received from the bond issue to pay engineering fees related to the construction of an access road and bridge.

If we can be of any further assistance, please let us know.

Very truly yours,

Mike Moore, Attorney General.