### NEY GENERAL F %-EXAS

**PRICE** 

### DANIEL ATTORNEY GENERAL **AUSTIN 11.**  **TEXAS** 

### July9,1949.
Ron. F~aukC. Dickey County Attorney Coke County Robert Lee, Texas DeaPStPI 

### opinion no.v-837. Re: Issuance of time warranlls under facts submitted.



### Youhaverequested ano$Snion regarding the authmU,g or the C~mml.ssl&e~~’ Court of Coke County to issue time warrants **for** the construction 

### or a county hospital under the following circumstances. OnMay20, 1949, the Commissioners’ Court gave notlae to the bldders that on,June

### 18,1949, the Commlsslone~s~ Court of Coke County would let a contract for the building of a county hospital and pay fop the constpuctlon by the lssuance of time wamants payable ovep a period of years not to exceed twenty. OnJune 

### 18,before bids wepe opened andbefope any aotion was taken on the letting of the eontract, a patltlon of duly qualified property taxpaying voters numbering in excess of ten per cent of the numberof quallflecl pnoperty.,ta.xpaylng voters as shownby the last a proved tax rolls was presented to the Commissioners t E ourt in writing to submit to a **~ef** erendumvote the question as to the issuance of bonds **for** the purpose of paying for the construction of the county hospital namedin the notice of May 20, 1949.
V-7 It washeld in Attorney~General’s Opinion Do,

z9that if the poceedlngs authorizing the lssuanoo of 67,000 of warrants inquired about in that opinion were in accordance with the tepms and conditions of Article 2368a, and if no referendum petition wepe filed in connection therewith, then such warrants could lavfully be Issued. It washeld in Attorney Genepal’s Opinion v-728 that the Commlssione~s~ Court was authorized to issue additional warrants for the purpose of itqmovi the grounds of Dexar County Agricultural andLivestee2 Building subject to t& ylghtof referendum by the votOFS* Accord?L to tltion of duly qua the facts submitted by you, a pafled voters In exxhearof ten 

### pep sent of the numbwrOrqualified votorr shownby the la*%Bon. Frank C. Mcksy, page 2~(V-837)

approved tax rolls was presented within the tllae 

### proscribed by law to the 

### Comlas$ane~s~ Court in urltlng to submit to a referendum vote tha question 

### as to the lssuance of bonda for the purpoae.of paying for the conrtruction of the county hosplt81 in question. Section 4 of Article 2368a gives the vqters the right to file a referendumpetition on such questions; andArticle 4478 V.C.S., upon the petition by tau per cent of the quallfled property taxpaslrig votem, autho#?lees an election for the laauance of bonds 

### fop the establishment, enlargement, and eqllipment or the county hospital. In rim of the facts eubmltted, It Is our opinion that the ComaIsaionem' Court of Coke County ovot legally issue the time warrmt8 in question, buli must submlt to the quallfled property taxpaying voters the question as to the 

### issuance of bonder

ior thepurpose 

### 0r paJlng 

### for theoomatruetlon of the county hospital.

Uhero a referendum petition by ten 

### POP cent of the quallfled property taxpaying voters of a county has been presentad to the Commlasionera~ Court wlthln the time prsscribed by law, petitioning the court to rubnit to a vote the question as to issuance 

### 0r bonds for the purpose of paylng for the con

### atructlca of a county hospital, the Commlssltoners 1Court does not have the authority to iasae t&w warrants for such purpose, but 

### ruHisunbelt to the Voter6 the question of iaaimme 

### of bonds for the 

### purpose0rpayingr0r the oomtruotlon.

**APPROVBD**

l . a+@“;“”

I RST ASSISTANT
ATTOltElK 0-L JRrbh Pour8 very truly, ATTORHEY

GEXEZAL

OFTEXAS