GENERAL 

I May 14, 1952 

Hon. Conard,@orenoe Opinion No. 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: 

land owned by the City 

of Tyler. 

Xqu ~havs reques,ted an opinion of this office In uhlq,$ you ask: 

"1.. Can Smith County expend monies 

from its Permanent ~Improvement~Fund to 

erect a llyestock barn at the East Texas 

Fairgr+apds,.ln view 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 livestock barn at the East Texas Fair 

Qrounds. The laid onwhlch the,build$ng Is ~to be 

erected belongs',%? the City of 'Tyler 'and 1s now leased 

hy the ql.ty.fo the East Tex.as.Fair Association. The, 

.ment with the City bf, Tyler whereby the city will 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&l and~'agrlcultura1 

product?, Jlvestock'and mineral products, 

and such'other products as are of Interest 

try the oommunity. In connection therewith, 

such counties may also establish and malntaln museums, Including the erection of the 
Hon. 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 expositions are being held. 

11 

. . . 

"Sec. 3. All Incorporated cities . . . 

may cooperate with the Commissioners' Courts 

of such counties for the purposes stated In 

Section 1, and Section 2 of this Act and appropriate monies in providing for such exhibits, establishing and maintaining such museums, 

and in the erection of such buildings and lmprovements, and the assembling, erecting and 

maintaining of such horticultural, agrlcultural, livestock and 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 Incorporated cities 

to cooperate with counties In making such Improvements. 

We assume of course that In this cooperatlve!undertaklng the city will retain a voice In the use and management of the property. Therefore, we believe the county 

and city may work together In making such Improvements 

In any manner they may choose so long as the plan adopted Is not in violation of any constitutional provision. 

If they find that for .the city to furnish the site and 

for the county to erect the building Is the best method 

In accomplishing the.purpose authorized by ,the statute, 

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 provisions have 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 monies from 

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 site 
Hon. 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 Commlssloners Court, and no city In this State 

shall hereafter make 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 Imposing an obligation or llablllty 

of any nature or character upon such county 

or any subdlvlslon o,f such county, or upon 

such city, without first submitting such 

proposed contract-to competitive bids. . . .' 

Artic~le 2372d specifically provides that the 

provi~sions of Article 2368a are not repealed by Its provisions. Therefore, In connection with your request 

we call your attention to the fact that the county In 

letting the contract for the building must submit It 

to, competitive bids. 

SUMMARY 

Smith County may expend monies 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 agreement whereby 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 

BY 

4-k ruce Allen 

Assistant 

BA:mh