,, E QRNEY

PRICE DANIEL ATTORNEY

GENERAL

Hon., Perry L. Jones County Attorney Travis County Austin, Texas

Dear Sirs 

### GENERAL

FTEXAS 

### Auc?vrIN 11. -l?Exas
October 31, 1950

Oplnlon No. v-1115
Ret May Travis County Issue bonds for the purpose of wldenlng and lmprovblgconYour request for an opinionpresentsthe following questionr

%ay the Consnlssioners' Court of Travis County, Texas, legally issue bonds for the purpose of widening and lmprovlngthe Congress Avenue bridge, if the Issuance thereof is approvedat an appropriateelection?"
Your factualrecitationreveals that the Congress Avenue bridgewhich spans t e ColoradoRiver wlthSn the corporatelimits of the ci y of' Austin, Texas~, t was coni&ructedby Travis Count+ during IgO8-rg0gfrom the proceeds of a countybond issue. Subsequently and by virtue of the Bond AssumptionAct of 1932, the State of Texas assumedand paid approximately$60,000.00of the outstanding

bonded indebtedness. The Camnlssloners* Court of Travis County does not contemplate any improvement of the bridge withaut'theconsent of the governing body of'

the City of Austin. The CongressAvenue brldge is a part of,,?

State.deslgna$ed

Nghway. ..a. ,. ,. ,, 'Article6673, V.C.S., provides In part% "The (Highway)Coaunisslon is authorized to take over and maintain the various State Highways ln Texas, and the countiesthrough which said highwayspass shall be free from any cost, expense or supervlslonof such hfghvays.

. D a*.
In 1923 the State took over all highways constltutlnga part of the Highway System and oblllgatedItself' to bear the expense Incidentto the maintenanceand 0" PHon. Perry L. Jones, page 2 (V-1115)

constructionof all highways that were then, OP might fn the future,be designatedas State Highways.

“Prior to 1924 the titles to all highways in this State w-e taken ln the names of the various aouatles fn which the roada were 82tuated* Such titleswere held by the countiesfor the use and benefit of the State. Weverthelessthe countfes’wepe ahargedby law with the duty of constructlng and nalntalnlng the roads. In the constFuotlon

**of** these roads the counties and rotid

districtswere authorizedto, an9 did, Incur heavy bonded obligations. Th&s method was adoptedby the State for the pipose of enablingIt to use the cou&ies as its agents to constructpublic roads for the use and beneilt of the State. Aransas COUPty ve Coleman-ton PastureCompany, 

### 108 Tex. 216, 191 S-W, 

### 553. In 1923 the Legislatureadopted an Act by which the State took over Pram the countieeall Mghwaya constltutiing

a part of the State highway This par% of the Act became efTeo- !%%ma~ 1 

### 1924 Acts 1923, sth Leg. Ch. 

### 75,pe 155; Seco*20. Since that t%me, by va~loua otherActs the ImgislatWe has taken other addltlcnd hlgbrays. The rlgbt of the State to take over r6ads aonstruoted by countieswas contestedIn the case of Bobbiae vs Linmtoae County, 114 Tex. 345, 268 S.Y. 

### gl'ja

918. This CouPt in su~ta.Q3ing ;zdlght of the State to take OVBF such roads
ngPublicmda are state property oveF which the state has full controland authority. * e * "*TIEA establishment of public highways being pfpaplly a fvaetion of government belonging to the &f&o the tight to establ5ah them resides Fb fll tlm Legislature, and, in the a ewe olt constitutional

restrlctione, the Legislature may exePcfseHon. Perry L. Jones, page 3 (V-1115)

that right direct or delegateIt to a polltical subdivisionof the state, or to such other agency or instrumentality, general or local ln its scope, as it may determine. The exerciseof this right by a politicalsubdivision of the state, or by local officers,Is founded upon statutoryauthoritytherefor. The Legislature

may exercisepossessionof public roads and control over them, by and tb.rou@ such agenciesas it may designate.

. . 0
In Iversonv. Dallas County. (Tex.Civ.App.

1937) the C I.10 S.U.2d 255, 256 ourt said; "TheActs of the 35th Legislature (Acts 1917, co 190) and the amendmentstheretoattempt to set up a completeuniform system of state Nghways In the State. Article 66’73 of the Rev. Civo Stats 1925, to ether with subsequent enactments [article6 73a) E affecting state highways (Vernon's Ann. Civ. St. arts. 6673, 6673a), authorleethe State Highway COmmissionersto take over state highways;and we think, strippedthe oountlesof this State of any authorityto let contractsfor the aonstructlonor maintenanceof any public road comprisinga portion of the State RLghuay Sgstern, either in their own name or as agents for the State of Texas, except In the speclflclnstancesand strictlyin keepingwith the provisions OP such acts." Article 6674q-4,V.C.S., provides In @Wtfi "All further Improvementof said State Highway System shall be made under the exclusiveand direct control,ofthe State Hlghway Departmentan8 with approprlatlons made by the Legislatureout:, of the State Highway Fund.~ Surveys,plans and sgecif'ioatlons and estimatesfor all further construction and Improvementof said system shall be made, prepared,and

paid for by the State Highway Department. No further improvementof said system shall be made with the aid of or with any moneys furnishedby the countiesexcept the acquisitionof right-of-ways which may be furnishedby the counties,thel;uT$;lsions or %ePlnedroad districts. I’*

.

Bon. Perry L. Jones, ‘page ,4 (V-1115)

shall in nowlse affeot the aarrying out of aay.blndlng contracts now existing between the State Hi hwag Dspartment and the Cmmis-, 

### e&oners

Cour & of any county, ior such county,‘m iOr any defined road district.

. . e* Article 6674rp9, 

### V.C.S., provides In parti
tlnue “If suoceeding Iiegfrlat~er shall aonto carry out the polloy’hereln defined by authorlalng a similar a comlatlon of funds fran time to time, (a then whenever Pp the eligible obligation shall hare been fully 

### paidae herein provided, a6 to er for any aounty or defined road &i&riot acaording to the povlaions~ of this Act, then, and 19 that eveat the title and possession of all roBdo, road ieds, b&lges, and culverts In saah aounty or defined road district, which ape included In the system of Designated State Highways, shall automatioallr vest ia fee lmle In %he State oi Texas:

. e
.” $umls added.) (Em L

From the foregolag 

### Itwill be noted that Congress ,Avenw bridge, is a part of a State d~slgnated highway. A bridge 1s o~QM&~lly but the part of a mad OP hlghwuy that traverms a stream., Aransas Co maa-Fulton Pasture Co, 100 Tex. EountZes no longer have any Inter highways other than the acqulsltlon of right of ways, the same being within the exclusive jurlsdiotlon of the State HIghwayCcsPmriselone It Is true that alties an4 towns have ,juri66iotlon over Stat0 hlghwaye 8ltuatod witMa such oltlr8 axid towns by virtue of uppropz%ate provfs$ons gfv2L. the cities exclusive jmlrQlotlon over Ughwags of

(fabbert .ve City ab ~Brownwood,176 S.W.2d 344 (Tex.Oiv&p.1943 ofi) However, State highways a8 raoh~do not ~lo~eeii%,‘idkiilty ,even though withen the jalrdlctlon of a city, and Artlole 66749-4 1~ an all-lnaluslvr ‘prohibition against the fumlshl~ng of maneya by a oounty fo the Improvement of the S&BBB save ana exoept tke 8oquisltion of -8 talo&me~ tme, it ‘neorsur?il~ ‘r0xi0wf.i that aurt x?f TxUvla County **would** 80% be author%sed to lssw ,boa&rtoe the pu~pora of wldembg a&l lmp~ov~ng Con-

~‘~gress.Arenue brfdge In the City of Aust%nn,Hon. Perry L. Joam, psse 5 (V-1115)

!che positive pablbztloa e@%a#t rurther lmprovemeat of a Stata desigwttad highway 7 e aounty, as contained in Artlale 6674q-4 leaves a0 a terxmtlve other than to hold that Trewi,s Oouuty ha8 no authority to improve the bridge In quwtitxt 80 loag aa~~rrem&m a part of

’ a State dealgnclted Mghway~ **7 Lag**  **would raise**  tb **questian vhether**  

### the **909** 

### bon&t **-** oould have been legally asttm cmptioa hwi 9s

been based upatt t ths St&r, the aa7 **of** a state de8 gnated highway. bddge belng **part**

The 0alml801owrs' Oowt o? Travis County, Tams, is not attthosired **to** lttSUB bonus ior the pwp0se os ridwag ana improvlag 0 sf%&~” 3 ret!6 Avenue b&dge, an iathe State %ghway System,

APPROVWB Ja 0. Davis, Jr. county 

### Afrairs mmi0a Everett Xutahiaeoa Exeautive Assistant Charles D Mathevs First A&tat

Bwtmv YotPa very truly, PltRror MlmL Attorney beaeral

Assistant