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# The Attorney General ofTexas

December 27, 1979 MARK WHITE Attorney General
Honorable Knute L.Dietxe Criminal District Attorney Victoria County Courts Building Victoria, Texas 77901 Opinion No. NW-115 Re: Authority of a county to construct and maintain a sewage treatment plant Dear Mr.Dietxe: You have requested our opinion regardng the authority of Victoria County to operate and maintain asewage treatment plant In 1963, the federal government conveyed to Victoria County 17.59 acres of land containing, inter alia, a sewage treatment plant The grant wasconditioned upon the county’s compliance, for aperiod of20years, with the following terms (1)to continuously use the property for public health purposes inaccordance with the county’s grant application; (2)to alienate or encumber the land only with the permission of the Secretary of the Department of Health, Education and Welfare; and (3)to submit annual reports detailing the use of the property. Since 1963, the county has operated the sewage treatment plant, which serves both public and private residents ofthe county. Victoria County was authorized to enter into such an agreement by sections 19(a)and 19(b)ofarticle 2351,V.T.C.S, which provide:

19(a)The Commissioners Court of each county of this State, in addition to the powers already conferred upon it by law, isexpressly authorized and empowered to contract with the United States Government, or with any agency thereof, and particularly with the Federal Works Administrator, the Housing and Home Finance Administrator, and/or the National Housing Administrator, or their successor orsuccessors, for the acquisition ofland, or interest inland, in such county, owned by the United States Government, or any agency thereof, and for the acquisition of any temporary housing on land which the United States Government, or any agency thereof, may ownor control; and each such county in

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this State isauthorized and empowered to acquire bypurchase, gift or otherwise, any such land and any such housing from the United States Government, or any agency thered, and to ownand operate such land andhousing. (b) Each Commissioners Court in this State is authorized and empowered to adopt aresolution ororder requesting the transfer to said county ofany such land or housing, or interest therein, which the United States Government, or any agency thereof, is now, or may behereafter, authorized to convey ortransfer to such county, and each such county, through its Commissioners Court, is expressly authorized and empowered to bind itself to comply with any and all terms and condtions which the United States Government, or any agency thereof, may impose as a prerequisite to the transfer or conveyance of any of such land or housing, or either ofthem, or any interest therein; and any instrument or deed conveying to said county any such land or any such housing, or any interest therein, may contain any conditions and provisions, convenants and warranties which may be prescribed bythe United States Government, or any agency thereof, and agreed uponby said county acting through its Commissioners Court, provided that such terms and conditions are not inhibited by the Constitution of the State ofTexas. Although sections 19(a) and 19(b) of article 2351 probably constitute sufficient authorization for Victoria County to operate and maintain the facility, article 4418f, V.T.CS., furnishes additional support That statute empowers the commissioners court of
“any county” to

apprcpriate and expend money from the general revenues of its County for and inbehalf ofpublic health and sanitation within its County. SeeAttorney General Opinions M-1049(1972);do24 (1944). - Inour opinion, these statutes authorize Victoria County to operate andmaintain the sewage treatment plant located on property ceded to the county by the federal government in1963. SUMMARY

Victoria County is authorized to operate and maintain a sewage treatment plant located on property ceded to the county by the federal government in1963.

Attorney General ofTexas

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JOHNW.PAINTER, JR. First Assistant Attorney General TEDL.HARTLEY Executive Assistant Attorney General Prepared byRick GiIpin Assistant Attorney General APPROVED: OPINIONCOMMITTEE C.Robert Heath, Chairman David B.Brooks Walter Davis BobGammage Susan Garrison Rick Gilpin

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