**‘**

**.** OFFICE OFTHE ATTORNEYGENERAL OFTEXAS **AUSTIN**

site anderoot

. milt of the Comty en[?pay for sme out ol' the PerDailent hprOVcea!lt i?UEdG Oftk3 COtillty?

“3. Does the Cozzissionern Court of IIill

. Co&tg have tho authority to purchme a building site and erect thereon av:nre!louse to bc used by tho Road ani; kid,-8 Dcpsrtr:ent ~1%pay~for 84120 Out Of the ?cm.a:lent Irqmovel?.ont &ml of the Couoty?

. i

PHon. T. X. Wilkinson, page 2

-
I “4. Where the Cozmissioncrs Court heve leased

.

‘~abuilding site andplaoed a building thereon, sams beiw paid out of the Roed tcBridge Fund, can the Roadk Rridge Fundbereimbursed out of the Permanent Improvement Fund? #If the snswers to the above listed questions are in the affirretive-(a) can these warehouses be located in the different Commissioners* Precincts, - (b) in purchasing, or leasing building sites and placing buildings thereon wuld the Cormzissioners Court be required to advertise for bids?” Section 9 of Article 0 of the Texas Constitution reads as +r0ii05~~8:

“The ~&tte ~taxon property, exclusive of the ttk necessary to pay the public debt, ad of the taxes provided for the benefit of the publio free schools, shall never exceed thirty-five cents on the .one hundred dollars valuation; andno county, city or town shsll levy more then twenty-five cents for city ‘or county purposes; andnot exceedins fifteen cents for rosds chidbridges, andnot exceeding fif- .: teen cents to pay jurors, on the ona hundred dollars valustion, except for the psyment of debts incurred prior to the adoption 01 the amendmentSeptember 22&h, 1063; end for the ereotion of public buildin@, streets, sewers, water works end other permanent improvements , not to exceed tylenty-five cents on the
.~ one hundred dollars valuation, in eny ono year, and except as is in this Constitution otherwise provided; andthe Legislature mayalso authorize anadditional annual ad valorem tax to be levied and collected for the furthor naintenance of the public roads; provided, that a.majority of the qualified property tex-paying voters of the county voting st an election to be held for that purpose shall vote CUC!Itax, not to exceed fifteen cents onthe one hundred dollars vnluation of the prop-arty subject to tnxation in such county. Andthe Lcgisla.ture m::ypass locnl 1~8;s for the raintenaocs of the public ro,-,ds and hi&ways, without the local notice required for cpocial or local lENs,”

.

..

Bon,. T. K, Wilkinson, page 3

. Article 2351, Vernon’s Annotate& Civil Statutes, setting forth the powers and duties of the commissicners* court, reads in part aa follov~s:

‘7. Provide and keep in repair county houses, jailswand all necessary publio buildings,

. l l Article.2352, Vernon’s Annotated Civil Statutes, referring $0.the comission~rs~ court, reads as follows:

%aia court shall hsve the power to levy and oollect a.tax for county purposes, not to exseed tvronty-~five cents on the ona hundred dollars valuation, anda tax not to exceea fiftaon cents on the one ,hundred dollars valuation to supplerant .the jury fund of the county, and not to ezaeed Sifteen Cents for roaan and bridges on the.one hundred dollars valuation, except for the payment of debts incurred prior to the adoption of the amendmentof the, Constitution, September 25, A. D.~ :lSS3, andfor the erection of public buildings, strests, sewers, water works snd other permanent

, .rfmi)rovem.ents, not :to~.exceed turonty-five, 0e;lt.s on .the on* huMred dollars vnluntion in any ona year, and except a$ in the Constitution othemlse provided.

. . They may’levy.an additional tax for road purDosss

,, not to exceed fifteen oonts on th.e one hundred dollar valuation of the propu.rty.,subjsot to taxa- *ion, under the limitations aud in the mmer proyided for in **Article** El,&XZ. 9, of the Constitution and in pursuance of the l+wrs,relating thereto.”

‘In TsxssJurispru&p&, Yol.‘i4, psges 2 and8, it is. * statoq:
n:‘.Public DuildLngs’ is dtern ordinarily

used to desiGnate such structures as the ohpitol In the capitol grouncls at Austin, including. the executive ffiansion, tke various stat0 tisylum, oollc+~;s or university buildings croeted bythe Stats, tiourthouses tncl jails and other buildings held for publio us8 by any de,9artment or brawl: of govornmez~t, Lt?ts, county or nunlcipal,

. .

.I

Ron. T. K. ~iilkinson,~ page 4

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Andsay other building would aaeztto coae v&thin ythis definition provided it is properly shown

-that it is ov.Tedor controlled audheld bypublic authorities for public use, . .” In oompllence xith your request, WCera enclosing. herewith a copy, of our opinion ?!c-. O-1047. Youwill note that &rrison Couatg has a special county rocd end bridge law and that there are mny facts pressuted in the letter requesticg an opinion of this Dspertm-it In opinion 20. O-1647, which are not presented in your letter of lnqulry. %hether or cot sold opinion applies to Xi11 Cowty depafids u2onthe part& cular facts, acd if the fe.cts are ths sam, Opinion ‘170.O-164$ would be applicable to Rill Couutg. Theabove. quoted provisions of the Constitution end Statutes authorize the cormissioners~ court to build and repair public buildings., andthe: term *public builgings” is broad enou& to include anaretiouoe 01 werehouses oxned amI used ex.clusiVely bythe county for the pu.vposes above.mention

## ed. It is stated ir Coxpw Juris tiecundum,Vol. 20, &age996:

*Xt is v&thin the po?iers andduties of tho *’ oounty to ereot, fumish, and repair necessary public county bulldirzs aad offices. Theauthority to proviqo, con3truct, kprove, raalr:tain, furnish andrepair oourfhouseo, jails, andothar public aomty buildinga maytrevested in the county OOZImissioners of the cotxty, or t&e county court or a jucl@ thereof, or the physical court, or other official body.” ,$county rcayaoquirc land by deed, or expropriaticn; kd .-by irrticlo 32G4a, Vemon’s Ranotated Civil Statutes, Iikeright of cninent domain is conforrod upon counties of the State of Texas for the purpose of condoming and acr,uiring lnnd, i*I&t-of-viny 01’easezcnt in laad, private OSpublio, except property used for ocxetery pur9ooe8, where said la%?, ri&tof-way or ecsexent is noccsoary in ocne.:ruction.oP Jails, oourthou~es, hospitals, .deli:queut aad de?cnde!lt sohools, poor farzs, libraries or for other public purpof~eo, %here suc!l purpose is no.~or my h?reeftcr be authorized by t!;e Cosstitution or 3tututes of this 5tat.o. Acounty hos the pc;ier .to enter into

. *.

~0x1. T. G, Ulkinson, page 5

. a lease acb to becona a~tenant OPreal estate v&en the use

thereor is needed to carry out eny or its ecknoeledged 

## .pw;ers and~purpoocs, and ths question as to ths neoassitjr of leasirg suoh apace is within the judment and discretion or tie COD missioners1 court. (Corpus Juris Eeaunam, vol. -20, pa60 1002). Pieallmrer your second aa thlra questions es 

## r0n0x6: Theoormlssioners~ court of hill County has the legal authority to lease or purchase abuildi= site and erect awarehouoe to bo used bythe road and bridge departriant of the county and pay 

### for the saw out or the permnent iraprovernent

## fundsor the county, provided atax is levied eha collcctea for the perxcanentIEprovezent fund to be used for such purposes, prcviaea further that such leaf doos 6ot exceed the statutory aoa GOCstitutional limitations. In regly to your forth question you are advised that the cotissioners*~ court does not have the legal authority to

_ * reizburse the road and bridge fund out of tho pemanect tiproveme&tfund uihera the cox?dssioners~ court has leased a buildirg site andplaoed abuilding thereon wherrathe sam has bcex paid out of “the road and bridge fund. (Carroll v. i#illirnS, 202 S,%, 504; Comissioncro* Court of iiendereon Couuty ve. hurka, 262 S.;i;. 941, Thepermanent improvemsnt 

## rluldaha the road and bridge fund ars constitutional funae, and the oomi.ssionersl court has riot po%:erto transfer ‘ooney from one fund to another. With roterence to your last quootioh, it is OUTopinion thnt it is Fithin thi+discretion of the com$osionare’ court v:hether or not aWarehouse is heeded for each co:zlosioneti precinot, and.the said court can deter&no the Location of said warehouse or warehouses. Iu purohasice or Leasine building sites andplacing buildings thereon, the co!Stission3rO’ CGurt would be required to advertis, 0rcr bids an required. by Article 22&a, liorhon’o Anuotatcd Civil St.stutcs, F:f;en the co?Mssioners’ court enters into a&ycontract or a~racrei-it for the ccustructlon of ey public building or tho prosecutfon and cos?letion of any pu.blic ?lorJirequirlog or authorizing my expenditure in excess or $2,000.00. Trusting that the foregoing 

## ruliy afim3r3 your inquiry, weare Yours very truly XTTOGZY0:.ZR!,L OFTZXzj.9