# 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 requiredasp 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 regardthereto. 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 lzeconsideredwhether 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 

### requiredby Artlole 709, R. C. S. 1925, are 

### prewnted for your 8x0 

### amlnatlonand round ,regular, will you Imoue your certlfloateof approvalof saidbondelm In order to determinewhethera munIoI9allty has power to ls6uue bonds, It 

### la Sirot ~~oeeearyto 

### aroerteln lt any statuteor oharterprovlslonexIets in regardthereto, It there Is such a provlslon,the questionarIEe8whether the purpose

## or the proposedbond Issue lawIthin the tam or 

### muchoharterprovIslon. If the obnrtsrprovision18 applloable,It must furtherbe oonrlderedwbsthsrthe purpose or the leaua Is a 9ublIoas ~dI8tInguIehed from a prirata
PurP-0 l Ii 

### the purpom is.purelya private one, there is no 9owar to Isme, tithoutregard to the exlstsnoeof any statutoryor ohartarprovlelons,sinceeven the.LegIs1aim-e oan not authorizethe iseuanceof bonds for a purely prltate 

### purpo-• ~oQulllInMtmIolpslCorporations,. 2nd 

### I%, Seotlon -36; AmerloenNationalIneure.nae Oo., Y* 

### Donald,83 S..W., @d~-.?W?i ArtIoleX, Seation l'or the Charter for the Oltp of Jaoksonvllle providesa8 followsa *The governlagauthorityor the olty. ahallhave the power to a9proprIatesomuoh or the generalrevenue of the elty as my be necessaryfor the purpose of retlrIng.and dleoherging

the aoorued 

### Indebtednem of the olty end tot the mrsioseof improvingthe

plants syatemti, and for ths 

### purposeo? 

### sreotlng,maintainingand operating 

### an eleatrio lightplant,or plants,and guoh other pub110utilitiesas fhe gorernfngbody mayXI-.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,providingfbr the "creating cad maintaining of public buildings of wery kind
. . . and to issue coupon bondsthersfor", the citymay 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 constructingP live steak exposition bilding.

III reply to your sec.ond question, if the qualified property taxpaying voters of the City of Jacksonvillenot 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