Q May a municipality authorize a monetary contribution to a private developer for the purpose of repairing a public draining issue on property owned by the municipality or property upon which the municipality holds an easement?

A No, the city lacks any authority to make a monetary contribution to a private developer as such would amount to an unlawful donation. The city has no authority to reimburse a private developer for infrastructure, which as a matter of course becomes municipal property without compensation as to do so would constitute a donation in violation of Section 96. Additionally, there is no authority, which would authorize a municipality to expend municipal funds to reimburse a private developer for expenditures associated with the construction of streets and the installation of water and sewer lines. Assuming the municipality determines that it has a need to procure a contract for construction for repairing municipal property, it must do so in accordance with the public purchasing statutes. (Attorney Generalís Opinion to Latimer, March 3, 2017)