### GENERAL

I May 14, 1952

Hon. Conard,@orenoe OpinionNo. V-1456 County Attorney Smith County Re: Legality of using County Tyler, Texae Permanent Improvement

I Funds to erect a liv& etoc,k building at East Texas Fair grounds on Dear Sir: landowned by the City of Tyler. Xqu ~havsreques,ted an opinion of this office In uhlq,$

you ask: "1..Can Smith County expend monies from its Permanent~Improvement~Fundto erect a llyestockbarn at the East Texas Fairgr+apds,.lnview of the fact that the Ceunty~'d,pes

not own the grounds Tn Tee simple~title?"
You state that Smith County 1~ contemplating building a livestockbarn at the East Texas Fair Qrounds. The laid onwhlch the,build$ng Is~tobe erectedbelongs',%? the City of 'Tyler'and1s now leased hy the ql.ty.fo

the East Tex.as.Fair Association. The,

.mentwith the City bf, Tylerwhereby the citywill furnish the,site In questlon,and the c.ounty will erect the building thereon.

~Articile

23726,V.C.S., provides In part:

~~. I’, "Se&Ion .Jc A~l,,~.ountle.a in the State :Wing~bji &d'through,,thelr~resp6ctive~Commlesloners!~,Court~ may ,provld&for annual exhibiti '6f,ho,ti$ioult&land~'agrlcultura1 product?, Jlvestock'andmineral products, and such'other products as are of Interest trythe oommunity. In connection therewith, such counties may also establish and malntaln museums, Including the erection of theHon. Conard Florence, page 2 (v-1456)

necessary buildings and other improvements, in their own counties or In any other county or city In the United States,where fairs or expositionsare being held. 11

. . . "Sec.3. All Incorporated cities

. . . may cooperatewith the Commissioners'Courts of such counties for the purposes stated In Section 1, and Section 2 of thisAct and appropriatemonies in providing for such exhibits, establishingand maintaining such museums, and in the erection of such buildings and lmprovements,and the assembling, erecting and maintaining of such horticultural, agrlcultural, livestockand mineral exhibits." Section 1 authorizes counties to construct buildings and other permanent Improvements for ,exhlbIts of horticulture. anrlculture. livestock.and idaiiis v. McGlil 146 S.W:2d 332 ~~EY,'~~~4~~~"ig~l, error ref.).'

Section 3 authorizes Incorporatedcities to cooperatewith counties In making such Improvements. We assume of course that In this cooperatlve!undertaklng the citywill retain a voice In the use and management of the property. Therefore,we believe the county and citymay work together In making such Improvements In any manner they may choose so long as the plan adopted Is not in violation of any constitutionalprovision. If they find that for .thecity to furnish the site and for the county to erect the building Is the best method In accomplishing the.purpose authorizedby ,thestatute, we believe this method Is authorized and may be followed. Although Section 52 of Article III of the Constltutldn of Texas prohibits counties from making any grants or lending their crt?dlt to any city,we do not believe these provisionshave any application to this type of undertaking. This Is not a donation to the city but Is for the benefit of all the people of the county and therefore these pro,vlslons in the Constltutlon do not militate against It. It Is therefore our opinion that Smith County may expend moniesfrom Its permanent Improvement fund to erect a livestock barn for annual exhibitions of livestock on land owned by the City of Tyler pursuant to an agreement whereby the city agrees to furnish the siteHon. Conard Florence, page 3 (V-1456)

and the county 'agrees 2372d,V.C.S. to erect the building. Art.

We assume that the b,ullding will cost $2000 or more. Section 2 off ez%.cle 2368a,, V.C.S., provides In part that:

"NO county, acting through Its CommlsslonersCourt, and no city In this State shallhereaftermake any contract calling for or requiring the expenditure or payment of Two Thousand ($2,000~.00) Dollars or more out of any fund or funds of any city or county or subdivision of any county creating or Imposingan obligation or llablllty of any nature or characterupon such county or any subdlvlslon o,fsuch county, or upon such city,without first submitting such proposed contract-to competitivebids.

. . .' Artic~le2372d specificallyprovides that the provi~sions

of Article 2368a are not repealed by Its provisions. Therefore, In connectionwith your request we call your attention to the fact that the county In letting the contract for the buildingmust submit It to,competitivebids.
SUMMARY

Smith County may expendmonies from Its permanent Improvement fund to erect a llvestock barn for annual exhibitions of llvestock on land owned by th,e City of Tyler pursuant to an agreementwhereby the city agrees to furnish the site and the county agrees to erect the building. Art. 2372d,V.C.S.
Yours very truly, AP.PF@VJ$D:
J. C. Davis, Jr. ,,~ C~qunty~Affalrs

Division .'>, ,~~; ~Mary K. Wall Reviewing Assistant Charles D. Mathews First Assistant PRICE, DANIEL Attorney General

BY4-k ruce Allen Assistant

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