Honorable Ward P. Casey Opinion No.?+596 

County Attorney 

Waxahachle, Texas Re: May Ellis County Road 

District No. 1.6 pay 

Attention: Hon. Wesley Gene Knize the City of Ennis for 

Assistant County Attorney removal of the City's 

water pipeline from the 

right-of-way of State 

Dear Mr. Knlze: 

Highway No. 34, located 

within the Road District. 

You have requested an opinion of this office as to the 

following: 

1. Nay Ellis County Road District Number 16 

the bonds of which were issued for the procurement of 

additional right-of-way for the widening and expansion 

of State Highway Number 34 within the District, pay for 

the removal of water pipeline lying within the existing 

right-of-way of State Highway Number 34 which pipeline 

is the property of the City of Ennls, Texas (the portion 

In question being located outside the city limits of the 

City of Ennis and within Road District No. 16). 

To answer this question properly, it first must be asked, 

if the Road District has lawful authority to expend funds from 

w source for the above stated purpose. 

Road District No. 16 issued its bonds for right-of-way 

procurement as its contribution to the widening of State Highway 

No. 34 under various statutory authorities, including Article 

6673e-1, Vernon's Civil Statutes. Such right-of-way, once procured and Included within the State Highway System, same being 

the facts In our case, said highway Is within the exclusive 

control and ownership of the State through its State Highway 

Commission. Article 6673 and Article 6674s~9, V,C.S. 

The water pipeline In question was laid by the City within 

the State owned right-of-way either by agre,ement with the Highway Commission or is there at suffrance under the authority 

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Honorable Ward P. Casey, page 2 (M-596) 

granted in Article 1433a, V.C.S,, which provides: 

"Any Incorporated city or town,...is 

authorized to lay its plpes,...for conducting 

water through, under, along across and over 

all public roads and water iying and situated 

outside the territorial limits of such city or 

town in such manner as not to incommode the 

public in the use of such roads....The public 

aaencv having durlsdlctlon or control of a 

Article 1433a, quoted above, creates a statutory obliatlon upon a munlclpality to move its wa'ter pipeline from 

tate Highway right-of-way at its own expense. 

Where, as here, there is no property right to be acquired 

and the pipeline may be required to be removed at the expense 

of the City (Attorney General Opinion ~-380 (1969), it is our 

opinion that Ellis County Road District No. 16 does not have 

authority to pay the cost of removing City of Ennis pipeline 

lying within the right-of-way of State Highway No. 34, outside the city limits of the City of Ennis, with bond proceeds 

or any other Road District funds. 

SUMMARY 

Ellis County Road District No. 16 is without 

legal authority to pay out of bond proceeds or any 

other district funds for the cost of pipeline removal from the right-of-way of State Highway 34 

which lies within the District, where the pipeline 

belongs to the City of En&s, Texas and is located 

outside its city limits. 

n 

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Honorable Ward P. Casey, Page 3 CM- 596) 

Prepared by Joseph H. Sharpley 

Assistant Attorney General 

APPROVED: 

OPINION COMMITTEE 

Kerns Taylor, Chairman 

W. E. Allen, Acting Co-Chairman 

Fisher Tyler 

Roland Allen 

Thomas Sedberry 

Earl Hines 

John Reeves 

Meade F. Griffin 

Staff Legal Assistant 

Alfred Walker 

Executive Assistant 

Nola White 

First Assistant 

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