Q May the city form a nonprofit entity whose sole purpose is the raising and spending of funds dedicated to the beautification effort in the city?

A No. Section 21-17-3 specifically provides that the powers granted to municipalities by law shall be exercised by the governing authorities of such municipalities, in the manner provided by law. This would prohibit the municipality from forming a nonprofit to perform a municipal function. This also raises the question that the municipality, in forming a nonprofit to perform a municipal function, has changed the structure of the municipal government, which is prohibited by Section 21-17-5, in the absence of specific statutory authority. In addition, a number of other issues would be raised, such as liability, tort claims, insurance, workers compensation, etc..(Attorney Generalís Opinion to Melchi, January 11, 2019)