WiWi WILSON

A-GRNEY GENERAL December 16, 1960

Honorable Shelby H. Blaydes District Attorney County of Pecos Fort Stockton, Texas Opinion No.WW-973

Rez Discretion of Commissioners' Court in calling bona election Dear Sir: under Art.4478, V.C.S.

You have requested our opinion on these questions:

"(1)Does the Commissioners Court of Pecos County, Texas, have any discretion in thematter ofwhether or not to call an election on the proposition as set forth ina petition for an election, a true copy ofwhich (other than signatures) is attached hereto as Brhibit 'A'andmade a part hereof, if the petition meets all the requirements as set forth inArticle 447&,R.C.S.
"(2)When a County has in operation one ormore county hoepitals, andwhen the Commissioners Court of said County is presented with apetition drawn under Article 4478 calling for the purchase by said County of an additional hospital facility, and the petition as presented is incompliance with all of the provisions ofArticle 4470, must the Commissioners Court call an election for the purpose of purchasing the additional facility called for insuch petition for hospital purposes, or does the Commissioners Court have any discretion in the matter under Artide 4490, R.C.S. ofwbether or not tocall an election on theL--/

Honorable Shelby H. Blaydes, page 2 (ww-973)

proposition set forth in the petition resulting in abond election tobe held by said County."
Attached toyour request isa copy of a "Petition for a County Hospital Bona Election" which was duly presented to the Commissioners' Courtwhereby the Commissioners' Court is requested to submit the following proposition:

"SHALL the Commissioners' Court of Pecos County, Texas, be authorized to issue thebonds of said County in the total principal amount of NINETY SEVEn THOUSAND DOLLARS ($97,000.00), tomature serially within any given number ofyears not to exceed TWENTY (20)years from the date thereof, and tobear interest at a rate not to exceed FIVE PER C%NTUM (5%)per annum, payable annually or semi-annually: and to levy 

### advalorem taxes sufficient topay the interest on 

### said bonds 

### andto create a sinking fund to pay the principal thereof 

### atmaturity, for the purpose of purchasing, improving, altering and repairing an existing building in the City of Fort Stockton, Texas, known as GIPSON HOSPITAL and located upon the following described realty in Pecos County, Texas, to-wit%

Lots 2 through 10, in Block 20: and theWest 63' of Lot 11, in Block 20: and the North 22' of the %ast 75' of Lot 11, in Block 20: and the East l/2 of Lots 1 and 3, inBlock 20; and Lots 9, 10 and 11, in Block 28, all located in the OLD FORTADDITIONHonorable Shelby Ii.Blaydes, page 3(WW-973)

**to the**  **City** of **Fort** Stockton, **Pecos** County, Texas, together with all improvements located thereon.


### Saidbuilaingandsaidpremisestobe used as an additional hospital building and for all necessary permanent improvements inconnection thereWtb, pursuant to authority conferred by the Constitution and laws of the State of Texas, particularly Section 9 ofArticle 8, **of** the Constitution, and Chapter 1, Title 22 and Chapter 5, Title 71, Revised Civil Statutes of 1925, as amended?"

You also state as **follows2**

I

. . . **Pecos** County currently owns two hospitals of a total capacity of 50beds. One, ahospital of 32beds, is located in **Fort** Stockton. The other, ahospital of 18beds, is located in Iraan. . . .*

Article 4478, V.C.S., is inpart as follows:

*TheCommissioners~ Court of any county shall have power to establish a county hospital and to enlarge any existing hospitals for the care and treatment of persons suffering from any illness, diseaae or injury, subject to the provisions of this chapter. At intervals of not less than twelvemonths, ten per cent of thequalified property tax paying voters of acounty mav petition such **court** to Provide for the establishing or enlarsing of a county hospital,.$n'~ whiah:~;~,event:..said court~.wLthin

'the~ti@Honorable Shelby I-LBlaydes, page 4 (WW-973)

designated in such petition shall sub**mit** to such voters at a special or regular election theproposition of issuing bonds in such aggregate amount asmay be designated in said petition for the establishinq or enlarqinq of such hospital. . I em (Emphasis added)

The underlined language of this statute clearly contemplates that thequalified property taxpaying voters of a county may petition the Commissioners* Court I(.. .to provide for the establishing or enlarging of a county hospital, . . ." The proposition contained in the petition here presented to the Commissioners' Court goesbeyond these purposes in that it specifically describes by metes and bounds the property tobe acquired.
The statute does not authorize the petitioners to name the site or location of the proposed facili.tyand this remains amatter tobe determined by the Commissioners' Court in the exercise of its sound discretion. Inanswer toyour first question It is our opinion that it isnot

### mandatorythat the Commissioners 'Court call an election upon this petition but itmay a0 SOif it 

### SOdesires, providing the petition is properly executed by the requisite number of qualified persons.

Your second question I.6 hypo,tbeticalbecause the Commissioners'Court has not been presented with a petition other than that discussed above. We regret thatwe may not pass upon hypothetical situations. If in the future the Commissioners' Court should be pr@sented with another petition we shall be glad to examine a copy and render an opinion.

SUMMARY
The petition presented goes beyond the purposes set out inArticle 4470, V.C.S., and it isnot mandatory thatHonorable Shelby i-I. Blaydes. page 5 (m-973)

the Commissioners' Court call an election, although itmay a0 so.

IiWM-S Very truly yours,

WILL WILSON era1 of Texas

Assistant

APPROVED:

OPINION COMMITTEE W. V. Geppert, Chairman
Gordon C. Cass TomFlcFarling Martin DeStefano Jerry II.Roberts

REVIEWED FOR THEATTORNEYGEWRML By: Leonard Passmore