Mississippi Advisory Opinions November 14, 1985: 19851114 (November 14, 1985)

Advisory Opinion Text

Alderman Harford Oswalt

Post Office Box 32

Mathiston, Mississippi 39752

Re: Municipal Funds

Dear Mr. Oswalt:

Attorney General Edwin Lloyd Pittman has received your letter of request and has assigned it to me for research and reply.

Your letter states:

“We need to know if Town funds can be spent to move an existing water line in order that a property owner may grade a lot to erect a building.”

“Also, would it be admissible to spend Town funds to extend existing sewer service to commercial building or to install a storm drain on private property.”

Mississippi Code Annotated §21-17-5 as amended by Chapter 487, Laws of 1985 provides:

“The governing authorities of every municipality this state shall have the care, management and control of the municipal affairs and its property and finances, and shall have the power to adopt any orders, resolutions or ordinances with respect to such municipal affairs, property and finances for which no provision has been made by general law and which are not inconsistent with the Mississippi Constitution of 1890, the Mississippi Code of 1972, or any other statute or law of the State of Mississippi, and shall likewise have the power to alter, modify and repeal such orders, resolutions or ordinances.

This section shall not authorize the governing authorities of a municipality to (a) levy taxes of any kind or increase the levy of any authorized tax, (b) issue bonds of any kind, (c) change the requirements, practices or procedures for municipal elections or establish any new elective office, (d) change the procedure for annexation of additional territory into the municipal boundaries, (e) change the structure or form of the municipal government, (f) permit the sale, manufacture, distribution, possession or transportation of alcoholic beverages, or (g) grant any donation; unless such actions are specifically authorized by another statute or law of the State of Mississippi.” (Emphasis added)

In an opinion addressed to Mayor Donnie Caughman, dated October 25, 1984, this office expressed the opinion that municipal funds may be expended for the maintenance of drainage ditches provided the governing authorities determine, consistent with the facts, that such action is necessary for the proper maintenance of the municipal water and/or sewer systems as authorized by Section 21-27-23 (Supp. 1984). A copy of that opinion is enclosed.

It is our opinion that the same would apply to the questions posed in your letter.

That is, if the proposed expenditures are necessary for the proper maintenance of the municipal water and/or sewer system and not solely for the benefit of a private individual, such expenditures would be legally permissible. Section 21-17-5 supra, requires specific statutory authority in order to donate public funds or property.

In regard to extending an existing water and/or sewer system to provide service to businesses or individuals within the corporate limits or authorized service area, it is the opinion of this office that the expenditure of municipal, funds is legally permissible within the discretion of the municipal governing authorities.

Very truly yours,

Edwin Lloyd Bittman Attorney General.

Phillip C. Carter Special Assistant Attorney General.