RESOLUTION NO.: 2019-001 A RESOLUTION REQUESTING ATTORNEY GENERAL OPINION PROVIDED BY SECTION 36-15-1 OF THE CODE OF ALABAMA 1975

BE IT RESOLVED, by the Town of Berlin, Alabama as follows:

WHEREAS, Section 36-15-1(1)(b) of the Code of Alabama 1975, provides, in part, the following duties of the Attorney General:
(b) He or she shall give his or her opinion in writing, on any questions of law connected with the duties of the following county or city officers when requested so to do in writing: Judge of probate, clerk of the circuit court, sheriff, city and county boards of education, county commission, register of the circuit court, tax collector, tax assessor, mayor or chief executive officer of any incorporated municipality, city council or like governing body of any incorporated municipality, or any other officer required to collect, disburse, handle, or account for public funds.

WHEREAS, in order to obtain the aforementioned opinion, Section 36-15-1(1)(c) of the Code of Alabama 1975, requires the Town of Berlin submit a request as follows:
(c) Any officer or governing body of a municipality or county or officer or governing body of any other elected or appointed body shall submit the request for an opinion a resolution adopted by the governing body setting forth the facts showing the nature and character of the question which makes the advice or opinion sought necessary to the present performance of some official act that the officer or governing body must perform.

WHEREAS, on or about 3 May 2018, the Town of Berlin was incorporated as evidenced

in Exhibit “A.”

WHEREAS, Section 11-41-1 of the Code of Alabama 1975, requires any municipality

incorporated to assume responsibility to control, manage, supervise, regulate, repair, maintain,

and improve all public street or parts thereof lying within the incorporated limits no later than 24

months after the incorporation is finalized.

WHEREAS, by way of resolution and pursuant to 11-41-1-of the Code of Alabama 1975,

the Town of Berlin elected to assume responsibility for the public streets and parts thereof within

the incorporated limits of said Town, on 1 May 2020.

WHEREAS, 11-49-80 of the Code of Alabama 1975, upon annexation, mandates a

municipality assume responsibility for all public streets lying within the territory annexed.

WHEREAS, several individual property owners have approached the Town of Berlin

about annexation of said property owner’s property.

WHEREAS, the annexation of the aforementioned properties would, at some point, result

in the Town of Berlin being responsible for county-maintained roads.

NOW THEREFORE, BE IT RESOLVED, by the Town of Berlin, that a written opinion is sought, pursuant to Section 36-15-1(1)(b) of the Code of Alabama 1975, regarding the requirements placed on said Town, by Section 11-41-1 of the Code of Alabama 1975 and Section 11-49-80 of the Code of Alabama 1975.
BE IT FURTHER RESOLVED, by the Town of Berlin, that Heath Meherg, attorney for the Town of Berlin; submit a formal request, setting forth facts for the specific questions hereinafter requested.
BE IT FURTHER RESOLVED, by the Town of Berlin, that said Town’s first request is as follows:
Would Section 11-49-80 of the Code of Alabama 1975, upon considering Section 11-41-1 of the Code of Alabama 1975, require the Town of Berlin to assume responsibility, after incorporation, but before 24 months, for all public streets lying within annexed territory?
Dated this the 19th day of  November, 2018.

Categories: Resolutions

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