queatlllg;the opbqwietlon ,reaaa a8 

### 324

. .

i

### 326

Emmable B. Y. ffayford, 26&e 3Ponotable R. ‘J. '4yr0rd, Pa&o4

### 328

### 329

Honorable R. V. 

### ib;yf0ra, Page6

After oarefullp oollsldaring tha oontraot, heretofore nantioned, it is apparent that RuskCounty through its Commlsslonerst Ccurt raises n question presenting that then, Is a possibility that RuskCounty is not enjoying the maxlmm partioipation andbenefit to whioh it maybe entitled 

### under the 

### BonaAssunptlon Law, and that the oounty m&ht have a claim against the Board for pertloipatlon in the BondAssumption Hu.udon bonds whi@h have been paid by the county but not assumedby the Board, aepeaially with referenoe to those bonds on whloh the Oounty haa already paid the amounts maturin& prior to the aooeptanoe of aortain roads by the Stats tiighway Comlsslon top malntaname purposes; 

### ana there ls a posslbllity that through law, oourt aotlon or 

### oorreatiraleglslatlon, that these bonds might be deolarsd eligible by the Soard so tabatRuskCounty mi.ght reoslve reiolbureement rOr payments madeby the W#untypSi.OTto t?OOWCber 13, 1941, the date whenthe Board began partioipatilon and payment on sala 

### bond&

Artlole 66749-7, Varnon*s Annotated Civil Statutes 

### pr0viaOfithat the 

### Boera 0r count andDlstrlot 

### RoadIIldebt& 

### 2te88~hati 00i3dt or the state 

### iI ighweiyhginaor, sm0 Goaptmller of Pub110

### Amount6 eml the fitate **Tmasurar. Ths**  Board is oharged with ths duties of adalnistaring t&esot: **One**or the duties **of** the **Board 1s**  **t0** a8Oerbln **and &8tWmiM**  

### rramthe data ma lnfonaatlon tuxnlehsd 

### by theOount~&dges or 

### theState 

### finaby the Chairman or tha State Highwaycomlssion andby the 2tate COmptrollsr of ’ Pub110Aoaount.8, anl f ’rom auoh iurther Investigation that said Board mayde- II@- auaary, the mount of lndebtedne8s eli dona or this seotion or this aot (Artfible under the proti01s 667&p7) to partloipate in the moneys coming into aaid county and road dir 

## tsiot highway fund. This provision of the statute fuP&ar 

### pr0+iae9

“The asoertainment and detenaination by the Board of County and Diatrlct Read Inaebtednasa, 

### afterreasonable notice and hearing, 09 the amount of any oounty or daflned road dfstriot obligations eligible under the provioions of this aot to partloipate in anymoneys coming into the county end road district highway fUnd or aB to the amountof any obl&ations the prooseds of whloh wert aotually expended on state highways or on roade, hetmtof'ore oonstitutln~ stats hl&ways, shall be final and conolusioe and shall not be subject to review

### 330

Bonorable R. V. Rayford, Page 7

in shy other trlbunsl. But said 

### a00ra of couuty t3uaDistriat RoadIndebtedness shall have the right at shy time to Oorreot any errors or mlstskee it 

### my **h8~8** 

### =a%.” Paragraph (8) of hrtiole 667&q-7 providesr

“The Board shall keep adequate timtea or its prooeediqs ana semlafmually, within thirty (30) day8 arter February 28th andAugust 3lst, of eaoh year, shatl makeItemize& reports to eaOh oouhty with respcwt to the reoeipt, dlsburaement, and investneht of the funds oredited to suoh oountg. TheConmlssioners Court of any Oounty, and/or its aooreaited representatives shall have the right to inspeot 

### thereoords

### 0r ealdBoard tmdof the State Treasurer, at any reasonable tlnm ror the purpose or making any lweetlgatlon or audit of the amounts artecrting its 00uuty.~ Under the terms of the 

### oontraot,RuskGouhty employed the party namd therein as attomey and aooounknt 

### =rorthe purpose or naking suoh survey of bond fuhd 8xpaditures ror highway purposes, end to assemble suoh lnfomatloh and other evldewe or proof neoessary to propsrly present and subetantiate any claim for reimbursement and oash refund to whloh RuskCounty maybe entitled, either by aotlon befor% the Board under the present law or any amhdment thereto,~ or by court aotlon thereundsr.”

Theparty oontraoting with RuskCounty -agrees to do all of the neoessary things outlined above, furnish 9 a skilled aooountant or aooouatante to assist him if It s deemed neoessary, to makethe survey and to properly perform any other servloes as maybe required in an effort to seoure suoh reimbursement end cash 

### mba8, and to pay all expem5es inaurred in connection therewith”

.

It is well established 5.nthis State and has been consistently held by this department that a oounty has the right to employ an attorney to perform Mrtain duties where auahduties are not required to be performed **by** the county or aistrlot attorney in his offlolal oapaoity.

In vlsw of the foregoing It ie the opinion Of this department that the foregoing oontraot is a legal ona whlOh the Conariissloners’ Court has the a,uthorlty to makeend execute.Bonorable R. V. Rayfe~d, Pa&e6

In mnneotion with the foregoing wewant to point out that the cOxillselonera' court is not authorized to pay the oompensatlon provided In said oontraot out of the Lateral Rosa Amount in view of the provisions of Article 

### 66749-7 andArtiole 667&q-80, Vernc~n~sAnnotated Civil Statutes. Suoh ompsnsatfon must be paid out of the general fund of the oounty and paid in acoordame with the oounty budget providing for suoh. All oounty expem¶itur@s lawfully autk~- bed to be made

## bya

## oounty aust be paid out of the oounty'a general fuod unlese there is scsm lawwhloh makesthan a charge against a epeoial fund. (Williams v. Carroll, 182 5. K. 29, Carroll. v. Klllianre, 202 S. ::. 504; Bemr County et al. v. Mnnn,157 3. Ye (21 134).

Yours very truly



# m ArdollMlUama

**Assietant**