Hovember30, 1948

Hon. Wm.IL Honsley Criminal District Attorney Bexar County Court House SW Antonio, Texes Opinion Ho. V-728
Re: Theauthority of the Commissioners' Court to ilreus time warrants to finance improvements at Bexar County Agricultural and Livestock Rxhibltlon Building*
Dear Sir:
Reference ie madeto 7our recent request In vhlch 7ou included a letter to 70'00 from the Ron. Charles W.Ande~8on, Count7Judge or Bexar Count7, vhich readsi, la part, LI follovsr

9he Comuirsionsrs~ Court respectfully requests that 7ou ask the Attorney @enera1 whether or not it Is authorized to

. lasue $115,000.00 of interest-bearing time

warrants for the purpose of ’ improving the grounda of the Bexar Count7Agricultural andLivestock Exhibition Buildinn. includinf the lFdac?v grading, le?&ling and ti lln~ t ereo an the construction of walka,-sidewalks, drives, parkwa7s, ourba, dralna,~r,etainlng walls, fencing andllghtlag of mid grounds.

“The Court vould like for you to submlt in your rsguent for an opinion the fact that the Count7 authorized $1,750,000.00 of Bexar Count7Wwanent Improvement Warranta, Serlee C, 1946, dated Januar7 lsth, 1946, for the purpose of pay- the contract price for constructing ARrlcultural andLivestock Exhibition Bulldlngr for Baxar County, Tox48, **and** purchasing the heosmary sites thereof, andpaying claims inourred for other necesaary incidental sxpen444 in connection therewith, and that a oontract vaB let which has.

Hon. Mp.N. Bensley, page 2 (V-728)

taken practlaally 411 of thou4 funds, leaving none for improving the grounds. SInas there 

### are no other funds available for the 

### above stated 

### purposes the Coalsalonera Court considers It necessary anddea’irable to lsrue additional varrants andwould like to knowvhether, in the opinion of the Attorney General, It is authorized to do so u$;;~;o Constitution andlaws of the State

#

. . . rI amattaching hereto a certified copy of the order of the Commissioners’ Court of September lsth, 1948, authorizing the Warrants In question which 7ou maytransmit to the Attorney General,Sor us4 by himIn rendering an opinlon+~w
For ths purpose of this opinion, weassume that there 

### are no legal obstacles to the issuance of said warrants; 1. e,, weassumethat the assessed valuations of Bexar Countywould authorlao such lndebtedness, that noprevious contract Sor these improvements has been entered Into, andthat the Bon&andWarrant Law is complied with. Further it Is orpreaslg uuderstood that w4 are not passing upon the sufficiency 

### ofthe warrant proceedings had in this oonnectlon since weare not furnished with the transcript of the proceedings necessary for euch lssuance,~

In your request you also Included the order passed b the Commleslonbrs~~Court onAu@st 30, 1948, which aa led for the lssuancs of vwrante not only for

I the lmprovsme~te to bo madeon tha Bexar County A rlcultural andLIvestock Exhibition Building but also kor the purchase end installation of a heating system in the Bexar County Training School for OIrls. However, it Is expressly understood that weare not passing upon the question of whether such warrant maybo Iseued for the purchase OSthe heating plant In this opinion.

Article 23726, V. C. S,, la, in part, as fol1ovs:

“Section 1. All oountler In the State acting by andthrough their respsctive Commissioners’ Courts mayprovide for annual exhibits of horticultural andagricultural produots, livestock andminors1 products,- Hon. Wm.IL Hensley, page 3 (V-728)

and such other products a8are of 

### lnteroet to th4 cosslnulit7. In ounne~ctlon therewith, such counties ma7also eatabllrh andmalntaIn musoum6,Including the erection of the necessary bulldlnge andother improvements, in tholr ovn counties 

### orIn eny other county or cit.7 In th4 United State$, where

### fairs
or expositiona am belq held,
The authorit of the county to Issue varrantr for ths construotlon of these buildings aOdpay SOP44m4 out of the Permanent Improvement Fundhas boon uheld by the court In the case of Adamsv. M&ill, 146S.1.(2d) 332, error refused. Therefors, IS the improvement4 Inquired about In the opinion request are permanent lmprovements, It la clear that time warrants maybs Issued therefor. This Departmont has held in a hoapital opinion V-7Qolthat these types of Improvements oould be pal4 for with perme,nentimprovement moneys. Since the contempleted Improvements are a part of the original oonstructlon of the Exhibition Buildings, webelieve there is no doubt but that the Improvement8 Inquired about In the opinion comewithin the scope of holding In the previous hospital opinion.

If the qualified voters do not want the addltlonal warrants lsauod, they are not without a remedy. Theyhave the right under Article 2368a, V. C. S. to Silo a referendum petition andrequire that the question of issuing such warrants be eubmltted to the voter8 of

There wasnoreferendum petition filed at % t%%e original $1,750,000.00 worth of warrants were Issue& by the Commlaeioners~ Court. IS suahremedy Is not invoked within ths statutory time limit,, It is our opinion that the additional warrants maybe lasued for the purpose of making suoh Improvements as submitted b7 70~ In your request.
SUMMARY

TheCommIssIonerat Court is authorlsed to Issue additional warrants for the ~nnp048 of improving the rounds of the Boxer-County Agricultural andflvestock Hullding. Art. 23726, V. C. s.

APPROVED:
, Yours very truly, ATTORNEY

GRRERAL

OFTEXAS

BY