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Honorable S. L. West

CountyAuditor Van Zandt County Canton,Texas
Dear Sir: OpinionNumber Q-2860 Re: Can the Commissioners'Court do the proposedwork without the aid ofWPA?
Your request for an opinion on the following question has been receivedby thi8 office and we quote from your letter as follows:

"Iam 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.
"Itwas origlnallgplanned to do thiswork with the aid of theWork ProjectsAdministration. The Commissioners'Court having 8tUdled the situation believes that under present regulations itwould be to the best Interestof the taxpayers of Road District #7, to do the proposedwork without the aid of theWork ProjectsAdministration.
"Can the Commissioners' Courtdo the proposed work lawfullywithout the aid of WPA? We would Era;;;eaTpreciate your opinion at the very earll-

. We note from the bond transcript 8Ubmittedwith this request that the proposition voted on by the qualified voters of saidRoad Dq.strtct#7, and contained in the order of eleCtion and the notice of election,reads as follows:

"Whetheror not the bonds of said road district shall be issued in the amount of OneHundred Thousand ($100,000)Dollars, bearing interestat 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'idthereof;throughout~Road District Ro. 7, ofVan Zandt'County,Texas,.'and whether or 'nottaxes shall

‘be’levied on all taxable property FnRoadDistrict 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 submittedtothis 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 bondswould not be issued or-~ that the proceeds thereofwould 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 proposedbond issuewFth whatever terms and conditions thatthe governing body imposes thereon previous to the election, creates a status analogous to a contractualrelation. In construingan order passed by the Commissioners'Court prior to a county-widebondelection 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 itsbeing relied on by the voters. With the bond issueauthorized 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 orderwas, In effect, a contractwith the people, ant good faith required that the contractbe 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. 992Honorable 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 8aidmoney 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 CommitteeBy s/BWB Chairman