- - 

Honorable S. L. West 

County Auditor 

Van Zandt County 

Canton, Texas 

Dear Sir: Opinion Number Q-2860 

Re: Can the Commissioners' Court do 

the proposed work without the 

aid of WPA? 

Your request for an opinion on the following question 

has been received by thi8 office and we quote from your letter 

as follows: 

"I am enclosing transcript of bond Issue for 

Road Dlstrlct #7, Van Zandt County, Texas. The 

State Permanent School Fund now holds these bonds, 

and no amount of the proceed,8 ha8 been spent except $1,000 for cost of proceedings. 

"It was origlnallg planned to do this work with 

the aid of the Work Projects Administration. The 

Commissioners' Court having 8tUdled the situation 

believes that under present regulations it would 

be to the best Interest of the taxpayers of Road 

District #7, to do the proposed work without the 

aid of the Work Projects Administration. 

"Can the Commissioners' Court do the proposed 

work lawfully without the aid of WPA? We would 

Era;;;eaTpreciate your opinion at the very earll- 

. 

We note from the bond transcript 8Ubmitted with this 

request that the proposition voted on by the qualified voters 

of said Road Dq.strtct #7, and contained in the order of eleCtion and the notice of election, reads as follows: 

"Whether or not the bonds of said road district 

shall be issued in the amount of One Hundred Thousand ($100,000) Dollars, bearing interest at the 

rate of not to exceed four (4s) per cent per annum, 

payable semi-annually, and meturing at such-times 

as may be flxed by the Commissioners' Court, serial- 
Honorable S. L. West, page #2 O-2860 

ly or otherwise in not to-', exceed twenty-five (25) 

years from the date thereof, for the purpose-'of the 

cbnstrmction, maintenance and operation of macadamized, graveled or paved roads and turnpikes; or In 

a'id thereof;throughout~ Road District Ro. 7, of Van 

Zandt'County, Texas, .'and whether or 'not taxes shall 

‘be’levied on all taxable property Fn Road District 

No. 7 sufficient to pay the interest on said bonds 

and to provide a sinking fund sufficient to redeem 

said bond8 at their maturity." 

We do not find anything ln the electlon order and 

notice of election in the transcript submittedto this department that Would prevent the Commissioners' Court from Bpendtng the proceeds of said Fssue of bonds for the purpose of 

the construction, maintenance and operation of macademlzed, 

graveled or paved roads and turnpikes, or in aid thereof, In 

Rbad District 87 of Van Zandt County, Texas, without the aid 

of the WPA. 

However, we,call your attention to the fact that lf 

the Commissioners' Court passed any official order prior to 

the electionstating that said bonds would not be issued or-~ 

that the proceeds thereof would not be used unless a PWA grant 

was secured, then said money cannot be used without said grant. 

The authorities seem to hold that the approval by the electors 

of the proposed bond issue wFth whatever terms and conditions 

thatthe governing body imposes thereon previous to the election, creates a status analogous to a contractual relation. 

In construing an order passed by the Commissioners' Court 

prior to a county-wide bondelection the Supreme Court of 

Texas, in the case of Black, et al., v. Strength, et al., 246 

S. W. 79, said: 

"The order would not have been made save 

with a view to its being relied on by the voters. 

With the bond issue authorized by votes cast In 

reliance on the order, as mUBt be assumed, It 

could not be arbitrarily ignored or repudiated 

without involving the perpetration of fraud or 

Its equivalent on the voters. 

"Under these circumstances, the order was, 

In effect, a contract with the people, ant good 

faith required that the contract be kept. 

Any rule would tend to undermine publtc confidence in the acts 

of public offlcers.~ See also Golden Gate Bridge and Hlghway~ 

DistrXct vs. Fllmer, 21 Pac. (2d) 112; Perry vs. Los Angeles, 

203 Pac. 992 
Honorable S. L. West, page #3 O-2860 

It is our opinion that the bond money may be lawfully 

used without the aid of WPA, unless the commissioners' Court 

passed an order prior to the election stating that 8aid money 

Would not be UBed unless a FWA grant was secured. 

Very truly yours 

ATTORNEY GENERAL OF TEXAS 

By s/Claud 0. Boothman 

Claud 0. Boothinan 

Assistant 

COB-S-WC 

APPROm NOV '4, 1940 

s/Gerald C. Maiin 

Attorney General of Texas 

Approved Opinion Committee By s/BWB Chairman