TEEA~TORNEYGENERAL 

OF TEXAS 

&.E.B.Lewis 

County Attorney 

Cherokee County 

Rusk, Texas 

bar Mr. r.!cmis, Opinion Number O-1314 

Rii Doas the city eumission of 

Jaokstiville have authorify to 

iaius botida and levy a tax in payment thsreof forthe.i?arpbse of oonsttioting a 1iveatoa exposition 

building? 

We are in receipt of your opinion request of recent date and quote 

from your letter as follows: 

'At the request of the City Commission of the City of Jaoksonville, I will 

appreciate your opinion upon the follotig question: 

"(1) Is there authority for the City Commission of said city to issue bonds 

and levy a tax in payment thereof for the purpose of constructing a livestook 

exposition building? 

"(2) If the qualified property taxpaying voters of the City of Jacksonville 

act favorably upon a proposal to authorize the City Commission of said city 

to issue bonds for the purpose of construoting a livestook exposition building at an sleotion duly and legally oalled and held, and all orders and ordinances are duly and legally entered and certified copies thereof, together 

with other instruments required asp Artiole 709, R.C.S. 1925, are presented 

for your examination and found regular, will you issue your certificate of 

approval of said bonds?" 

In order to de&mine whethsr a munioipality has power to issue 

bonds, it is first necessary to asoartain~~if any statute or ch%rter provision exists in regard thereto. If there is such a provision, the question 

arises whether the purpose of the proposed bond~issue is within the terms 

of such charter provision. If the charter provision is applicable, it must 

further lze considered whether the purpose of the is&e is a public as distinguished from a private purpose. If the purpose is purely a private one, 

there is no power to issue, without regard to the existenoe 6 any statutory 

or charter provisions? since even the Legislature can not authorize the issuanoe of bonds for a purely private purpose. ld&uillin Munioipal Corporations, 

2nd Ed., Section 2436; berican National Insurance Co.m v. Donald, 83 S.W., 

(2d) 947. 
. -. 

5ix 

Hr. E. B. Lawlr, pnge #e 

08rtiried COMICS thereor together wita 

other in6trumnts required by Artlole 709, 

R. C. S. 1925, are prewnted for your 8x0 

amlnatlon and round ,regular, will you Imoue 

your certlfloate of approval of said bondelm 

In order to determine whether a munIoI9allty 

has power to ls6uue bonds, It la Sirot ~~oeeearyto aroerteln 

lt any statute or oharter provlslon exIets in regard thereto, 

It there Is such a provlslon, the question arIEe8 whether 

the purpose or the proposed bond Issue la wIthin the tam 

or much oharter provIslon. If the obnrtsr provision 18 applloable, It must further be oonrldered wbsthsr the purpose 

or the leaua Is a 9ublIo as ~dI8tInguIehed from a prirata 

Pur P-0 l Ii the purpom is.purely a private one, there is 

no 9owar to Isme, tithout regard to the exlstsnoe of any 

statutory or ohartar provlelons, since even the.LegIs1aim-e 

oan not authorize the iseuance of bonds for a purely prltate 

purpo-• ~oQulllIn MtmIolpsl Corporations,. 2nd I%, Seotlon 

-36; Amerloen National Ineure.nae Oo., Y* Donald, 83 S..W., 

@d~-.?W?i 

ArtIole X, Seation l'or the Charter for the 

Oltp of Jaoksonvllle provides a8 followsa 

*The governlag authority or the olty. 

ahall have the power to a9proprIate so muoh 

or the general revenue of the elty as my 

be necessary for the purpose of retlrIng.and 

dleoherging the aoorued Indebtednem of the 

olty end tot the mrsiose of improving the 

plants syatemti, and for ths purpose o? 

sreotlng, maintaining and operating an eleatrio light plant, or plants, and guoh other 

pub110 utilities as fhe gorernfng body may 
XI-. E. B. Lewis, page 3 (0-1314) 

operates &a declaration by the Supreme Court of Terns that P live sto& 

exposition building ersoted by a oity is a public building and serving P 

public purpose. 

Therefore, it is OUT opinion that under Article 10, Ssotion 1 of 

the charter of the City of Jaoksonville,providing fbr the "creating cad 

maintaining of public buildings of wery kind . . . and to issue coupon 

bondsthersfor", the city may issus bonds and lwy P tax in payment therefor," the aity.may issue bond8 and levy a tax im payment thereof for the 

purpose of constructing P live steak exposition bilding. 

III reply to your sec.ond question, if the qualified property taxpaying voters of the City of Jacksonville not favorably upon the proposal 

to authoriae the City Commission sf said oiw to issue bonds for the puh 

pose of oonstruoting a live'stook exposition 'building at an election duly 

and legally called and held, and all orders bmdmeordinanoss are duly aad 

legally entered and certified’ copies thereof, together with other instrumants required %y Article 709, Revised Civil Statutes, are presented to 

this department and found regular im every dstail,ne will issue our 

asrtifioata of approval of said bonds. 

Trusting that this anwers your questions, We are 

Very truly yours 

By /s/ Claud 0. Boothman 

APPROVED SEP 16, 1939 

/s/GE- C. MANIF 

MTORKEY GTSNERht OF TEXAS 

Claud 0. Booti-nnti 

&saisCant 

UPROVED 

Opinion CQnmittee 

BYP~. M. N. 

Chairman