Honorable S. T. Denny

County Audltolr Houston couuty Crockett, Texas Dear Sir:

0~1ni0n 1~~.o-2728 Re: The legal duty andauthority of the commlnaloners' court with reference to advertising for and reaelvlllg bids ia aotiuectloa with the sale of oountg androad district bonds. Your recent request foran opinion of this Department uponthe questions as are herein stated has been received. Wequote fma your letter a.8follows8

"Please advise the legal duty andauthority of the Comnbslonere Court with reference to advertising for andreaeipt of bide In oonneatlon with the sale of County a&dRoadDistrict Bonds. "Should the CollPnlesionere Court fall to meet all legal requirements as outllaed in your opinion on the above question what are the legal duties and authority of the County Auditor?" Article ‘752a,Veraoa'e Annotated Civil Statutes, reads a8 followsr

"Any county, or any political subdivision of a couuty, or a&y road district that has been or mayhereafter be oreated by any general or special law, is hereby authorized to issue bonds for the pu~poas of the oonrtruatlon, malntenaaue, and operation of maoadamleed, grareled or paved road8 andturnpikes, or in aid thereof, ia anymount not_-

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Honorable S. T. Denny, Page 2 (O-2728)

to exoeed one-fourth of the assessed valuation of the real property of such county or political’subdlvision or road district, andto levy and collect ad valorem taxes to pay the interest on such bonds atid provide a sinking fund for the redemption thereof. Suchbonds shall be issued In the mannerhereinafter provided, andas contempleted andauthorized by Section 52, of Article 3, of the Constitution, The. term ‘political subdivision8 as usea in this Act, shall be construed to meanany commissioners precinct or any justice precinct of a county, nowor hereafter to be created and established. Article 7523, Vernon’s Annotated Civil Statute&, provides “after approval and registration as provided by law eelatlve to other bonds, such bonds shall continue in the custody and control of the commlsaionersl court In the county in which they were Issued, and shall be by said court sold to the hlgheat andbest bidder for aash, either in whole or In parcels, but not less than their par value, andthe purchase money therefore shell be placed In the county treasurer for such county to the credit of the available road fund of such county, or of such political subdivision or road district of such county, a8the case maybe.“’

Whenanynumberof adjoining counties within this State Issue bonds a8 authorleed byArticle 778a, Vernon’s Annotated !Xvil Statutes, andthe procedure a8 set out in Articles 778b-778p, Inclusive, the commlssioners~ courts of the counties embraced in such district, at a jointmeeting held ins the county having the largest numberof Inhabitants, as shown by the last Federal cetmas, shall adv&tise suoh bonds for sale, andthe advertisements or notice of such proposed sale shall be published in the newspaper of general’ alrculatlon published la the district, one time, and.at least ten days before the time fix.ed for such sale, a8required by Article 778k, Vernon’s Annotated Civil ‘Statutes,

Article 778k, supra, applies only to districts corn; prlslng two or more counties contiguous to each other anddoes not apply to the sale’of county androad dlstrlot bonds composed of only one county or a political subdivision thereof as specified in the statute.

It will be noted that Article 752j, supra, requires that the commiasionerst court shall sell the bonds to the’ highest andbest bidder for ,cash, either in whole or in parcels, at not less than their par value, However, thla statute does not require the commlsslonerst court tb advertise, Honorable S. T, Lenny, Page3 (O-2726)

said bonds for sale.

Theonly duty Imposed uponthe commlssloners’ court with reference to county androad district bonds issued under Articles 752a-752y, lncluslve, are, as above stated, that the commlssloners~court shall sell said bonds to the highest andbest bidder for cash at not less than the par value of the bonds.

With reference to your second question, It must be presumed that the commissioners1 court will do its legal duty with reference to the sale of aounty androad district bonds, and until it is shownthat the court has failed to do its duty with reference to the same, your second question la premature. Therefore, It Is not necessary to answer the same.

Trusting that the foregoing fully answers your inquiry, weare Yours very truly ATTOIWXP

WRRRALOFTEXAS

BY Ardell Williams

Assistant AW:BBBr

jl APPROVED OPIBlIOR COHBITTEE KY/a/ BwB CHAIRMAR