. 2 Y. I **OFFICE OF**  **THE ATTORNEY**  **GENERAL OF**  **TEXAS 4**  **AUSTIN**

Honorable B. N. Carter CountyAttorney Mitohell County Colorado City, Texas
Dear Sir:

YOUP request for fully considered by thle de quest as follows: reoeived and oareote from your reivil Statutes,
ty of Colorado state for oounty

e oounty, through ourt, aoting with the ity, seeks to buya hits r0r the 48e 0r
by its City Council. iole referred to does not say anything relative to ajoint purohase by countyi Neither does it provide for the mannerin whloh suoh real estate maybe paid for by the oounty. "Our Commissioners have requested a ru%lng andadvioes from your office regarding the proposedHonorable B. N. Carter, Page2
purohase. Will you kindly andpmnptly furnish suoh letter or opinion to ue?

“

. . . .” Artiole 1576, Vernonls Annotated Texas Civil Statutes, rererred to In your letter, reads as iollowe:

“All deeds, grante andoonveyanoea heretofore or herearter madeandduly aokaowledged, or proven, andreoorded ae other deeds of omveyanoe, to any oounty, or to the oourts or oommlssloners of any oounty, or any other person or persona, bywhatever form of oonveyanoe, 

### ror the use andbenefit of any ocunty, ehall be good and valid to‘feet in auoh oountyin fee alaple or otherwl#e all sudh right, title, Interest and estate as the grantor ln any euoh instrument **had** at the time or the exeoution thereor in the lands oonveyed andwasIntended thereby to be aonveyed.w The oommleeionera* oourt is a oourt of limited powerandjurlediotion, andhae no powers or duties exoept those which are clearly eet forth and del’ined in the ooneti- ~tution and etatutee. Thestatutes have olearly defined the pomrs, presoribed the duties, and imposed the liabilities of the oommleeionera’ oourts, the mediumthrough whloh the dlrrerent oounties aot, and-rrom these atatutee must oome all the authority vested in the oounty. 11 Tex. Jur., p. 563.

Theauthority of the oommleeioaers~ court aa the governing body of a oounty to make oontraots In its behalf la atriotly limited to that oonrerred either expressly or by fair or neoesaary implioatlon by the oonstltutlon andlaws 

### orthis State. If the oamissionere* oourt aote without authority in making a oontraot, the oounty Is not boundby its aotion. 11 Tex. Jur., p. 6324

Artiole 4434, Vernon’s Annotated Texas Civil Statutes, reads as followsz

nThemunioipal auth!Jxitier or towna and oitlea, and eomnissioners oourta of the oouutiea wherein suoh towns andcities am situated, iuayoo-operate with each other In making auohimprovements oonneoted with mid towns, cities and oountlas as said



# IHonmable B. N. Carter, Page 3

authorities and aourts maydeemneoessary to inr prove the publio health and to pmnots errio$ent sanitary regulations; a&, bymutual arrangement, they mayprovide for the sonstruotfon or said improvemsnts andthe payment thsrsror.= Artlole 2356, Vernon’s Annotated Texas Givfl Statutes, reads as followa:

Wai.d oourt mayereot bridges. within the oorporate limits of any oity or twn to the sameextent and under the sameoondlflone nowpreeorlbed byl%wf

’or the oonstruotion or bridges outside the liaits or any oity or town. said court and the governing body or any olty or towngay oooperate in the ereotion of a bridge withln the oorpomte limit6 of a oity or town, andjointly enot such bridge upon terms andoondltione mutually agreed upon; and either or both the ofty and oounty may issue Its bonds to pay Its proportionate part or the debt by oormplyingwith the 

### requlxement8 of Qe law regulating the issuanos of bonds by oounties and oitles skidtowns,* Artlole @92, Vernon’s Annotated Texas Civil Statutes, reada dlatollower

“Any 

### oondsrionere oourt mayeo-operate with andjoin the proper %uthorities of any oity 

### baring apopulation 0r ten thousam persons or more in the establishment, bullding equipment andmaintenenoe of a hospital ln aaid olty and to appropriate auehfunds as maybe detsrm&d by said oourt, after joint oonferenoe with the authoritier of such city or town, an$..the managenmntof suoh hoepital shall be under the joint oontrol of such court and olty authorities.” Artiole 60Sk9, Vernon*s Annotated Terns Civil Statutes, provides, amongother things, that oounties andlnoorporated oities, either indepeudently or in oo-operation with each other, or with the state Parks Board, mayaoquire by gift, purohaee or condemnation proceedfags, lands to be used for publio parks and playgrounds.Honorable B. N. Carter, Page 4

Opinion No, O-2201 of this department holds %swng other thlsgr, thst the oamlsslonsrs~ oourt ia not authorlzod to enter into a oontraot andpartnsrshlp with a oity and lxpsnd oounty runds tar the oonstmotion and equipment of n ofty-county jell. Weenolose herewith a oopy OSaaid opinion.

In your letter you state that ths building ia Ve be used by the oouuty and oity wholly lor muniolp%l purposesN. Weaamme from this statement that the pmposed building will be a ooablnatlon City Hall-Courthouse building deeignod ror the purpose or houalng the various city and oounty orfioialr. If thle assumption be oorreot It la our opinion that the oo+ m.lssloners* oourt ot Mltohell Gountywould not be authorized to expend oounty funds for suoh purpose. However if our amsumptlon of the type or building andpnrpeee8 thereof is not earreot, wewill be glad to oonslder YOU!qusstion further It you will give us full details of the type or building to ba oonstruoted and state fully the purposes for whioh it ie to be used. Very truly youm ),ppROVE~sEP 14, 1942 ATTORNEYGJd?lNtAL01 TX&S