. 

2 

Y. 

I OFFICE OF THE ATTORNEY GENERAL OF TEXAS 

4 AUSTIN 

Honorable B. N. Carter 

County Attorney 

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 buy a 

hits r0r the 48e 0r 

by its City Council. 

iole referred to does not say anything relative to a joint purohase by countyi 

Neither does it provide for the manner in whloh 

suoh real estate may be paid for by the oounty. 

"Our Commissioners have requested a ru%lng 

and advioes from your office regarding the proposed 
Honorable B. N. Carter, Page 2 

purohase. Will you kindly and pmnptly 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 and oonveyanoea heretofore or herearter made and duly aokaowledged, or 

proven, and reoorded ae other deeds of omveyanoe, to any oounty, or to the oourts or oommlssloners of any oounty, or any other person or 

persona, by whatever form of oonveyanoe, ror the 

use and benefit of any ocunty, ehall be good and 

valid to ‘feet in auoh oounty in 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 and was Intended thereby to be aonveyed.w 

The oommleeionera* oourt is a oourt of limited 

power and jurlediotion, and hae no powers or duties exoept 

those which are clearly eet forth and del’ined in the ooneti- 

~tution and etatutee. The statutes have olearly defined the 

pomrs, presoribed the duties, and imposed the liabilities 

of the oommleeionera’ oourts, the medium through whloh the 

dlrrerent oounties aot, and-rrom these atatutee must oome 

all the authority vested in the oounty. 11 Tex. Jur., p. 563. 

The authority 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 and laws 

or this State. If the oamissionere* oourt aote without authority in making a oontraot, the oounty Is not bound by its 

aotion. 11 Tex. Jur., p. 6324 

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

nThe munioipal auth!Jxitier or towna and oitlea, 

and eomnissioners oourta of the oouutiea wherein 

suoh towns and cities am situated, iuay oo-operate 

with each other In making auoh improvements oonneoted with mid towns, cities and oountlas as said 

I 
Honmable B. N. Carter, Page 3 

authorities and aourts may deem neoessary to inr 

prove the publio health and to pmnots errio$ent 

sanitary regulations; a&, by mutual arrangement, 

they may provide for the sonstruotfon or said improvemsnts and the payment thsrsror.= 

Artlole 2356, Vernon’s Annotated Texas Givfl Statutes, reads as followa: 

Wai.d oourt may ereot bridges. within the oorporate limits of any oity or twn to the same extent and under the same oondlflone now preeorlbed 

by l%w f’or the oonstruotion or bridges outside the 

liaits or any oity or town. said court and the 

governing body or any olty or town gay oooperate 

in the ereotion of a bridge withln the oorpomte 

limit6 of a oity or town, and jointly enot such 

bridge upon terms and oondltione mutually agreed 

upon; and either or both the ofty and oounty may 

issue Its bonds to pay Its proportionate part or 

the debt by oormplying with the requlxement8 of Qe 

law regulating the issuanos of bonds by oounties 

and oitles skid towns,* 

Artlole @92, Vernon’s Annotated Texas Civil Statutes, reada dla tollower 

“Any oondsrionere oourt may eo-operate with 

and join the proper %uthorities of any oity baring 

a population 0r ten thousam persons or more in 

the establishment, bullding equipment and maintenenoe of a hospital ln aaid olty and to appropriate aueh funds as may be detsrm&d by said 

oourt, after joint oonferenoe with the authoritier 

of such city or town, an$..the managenmnt of suoh 

hoepital shall be under the joint oontrol of such 

court and olty authorities.” 

Artiole 60Sk9, Vernon*s Annotated Terns Civil Statutes, provides, among other things, that oounties and lnoorporated oities, either indepeudently or in oo-operation with 

each other, or with the state Parks Board, may aoquire 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 and partnsrshlp with a oity and l xpsnd oounty runds tar the oonstmotion and equipment of n 

ofty-county jell. We enolose herewith a oopy OS aaid opinion. 

In your letter you state that ths building ia Ve 

be used by the oouuty and oity wholly lor muniolp%l purposesN. 

We aamme 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 Gounty would not be authorized 

to expend oounty funds for suoh purpose. However if our amsumptlon of the type or building and pnrpeee8 thereof is not 

earreot, we will 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 ATTORNEY GJd?lNtAL 01 TX&S