OFFlCeOFTHEA7TORNtZY GENERALOFTAUSTIN 

Ronorabl~ C. Burtt Potter 

ouunty Attorney 

Sintan, Texas 

DeEr ala-r oplaloa x0. o-3609 

Rat valiaity Of a@xwRent 

betwwm Xntcm an4 Son 

FatrlOlO count (ionaiocI tetloa an4 :&a f aaetiba 

Diatrlot 8b. 1 for coopera tlvo flood cunl;roL 

.*, 

45 
Hon. C. Burtt Potter - Page 2 

and any damages that might arise and auoh 

portion of oost 0r maintenanoe of euoh ditah 

Jointly used. 

1. Can the city and Drainage District enter 

Into suoh contraot. 

2. Under H. B, 181 is there any provlalon 

for the proposed pro-rata maintenanae funds upon 

which the District may rely. 

3. Can two independent political subdivisions of the State enter Into a Joint proJeot and bear aoste on a pro rata basis. 

4. Must eaoh politioal subdivision stand 

. . . . . .' : ,. and 'oper&t,ts sepw3tely; !. : . . : . . . (..,._; ~. .: 

.,' ,. '.

I, IJouae Bill. 181, 46th LeglalatuPe,’ granted t;o:,z:~~~:‘~~,. 

the'city of Sinton three-ninths oft t&k net amount ,si the : 

State dad vixl?r$,m taxes oolleoted 'A.ri @ah Patti,l+o CorUltg:' ~..,:I 

~'.for a period of twenty years. Sdo. .6 'of aa1d.H. B;- 181 ,.'. 

providea .in part! 

*The moneys herein and-hereby granted anU - 

donated to the City of Sinton are deolared to 

be truet funds for the purpose of aiding the 

City of Binton in paylng the Interest upoll end 

prinolpal or, and providing @king funa ior ~~ 

paymeht~thereof, bonds heN%ofore or hereafter:"'~.~ 

i86u6d,,the primee&~ef'wh~6h bond6 were to be'~' 

or 'iwe to be wed .+xolu6ively 'QI oO?IlltrUOting 

FIaRltary'~and atarp! systems by drainage levee, 

and oanal conatruotlon, including ditohes, 

breakwaters, bridge rtruo+ree and other preteotions in, along, or draining into Chiltipin 

Creek, and to bulld bridges and passage6 8~3re66 

ilfUJIe,~&XId e.Ry other nseeeaary drainage 6y6t6Blti ,; 

ana proteot&me in oraer that: eaid city hay be 

remove& frum oalamltoue overflowa and the 

dangerouhi unsanitary oondition resulting rmm 

euah~~verflona and for the purpose of aiding 

the City of Blnton in paying the lntereat upon 

any principal of, and providing sinking fund 
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Hon. %;i,Burtt Potter - Page 3 

. 

for payment thereof of bonds heretofore or hereafter 

issued to refund any bonds as have been or are 80 

issued. . . * 

such 

"two 

We will consider your third questlon first. While 

question is a general one, we presume that when you. say 

independent political subdlvisIonsU you mean the City 

of SInton and the San Patriolo County Conservation & Reolamation 

District, and that the *Joint project H mentioned by you Is the 

one proposed by these two particular political bodies. 

: 

If the proposed system of ditches would tend to accomplish any of the purposes set out in Seo. 6 of House Bill 

181, then the proceeds of any bonds mentioned In said Seotlon 

6 may be ueed on the prodeat, notwlthetanding it may be a 

.joint.one oontrlbut+ to'by ,ce Conservation & ILeolamation,,. 

.' 'DIetrIot.'., LikewIse; .If'thp.dUXh Ie'serving thb~proper'p.Wr~ '.

poeee of the Dletriat, that subdlvlaion racy oontrlbute to:;,it;s' 

malntenanoe. For, in euoh Inbtanoe, neither entity woul&he 

:expendIng ,Ite money for an unauthorized purpose. The pooling 

their resourbes and .the bulldlng of a hooperative sgatem ~~, ~ 1

might well effeot a caving for both the City end the~Die$riot, 

rlth obvIoua beneflolal reeulte ~to ths ta.xpayers.oontti2buting 

from eaoh angle. Thers Is ~nothlng which prohibit8 two governmental bodies from making a common oauae and Jointly entering 

Into a projeot when It Is In furtheranoe of the purposes of 

both. Hu es v. County Commlesloners~ Court of Harris wunty, 

.36 ~9. w. 'f" 2) 018 (oIty and oounty oontrlbutlng Jointly to,:,the 

butlding of's road); Malone v. Pehy, 17 8. ,W, 

. and State T. Oliver, 35 8. W. (2) 396, Tenn. t 

2). g@, fg#@$$, 

State aqu*lng 

land and delivering same to Federal Qovernment for eet~llehment of park thereon). 

We rind nothing In House Bill 181 to muggeet that 

expenditures of money therein provided for the use of the City 

of SInton must be oonfined' to areas within Its oorporate UmIte. 

. . 

Amiuming ‘that the propoeed Improvement wouldbe 

wIthIn the purposes mentioned In the quoted part of Beb.~~6,, 

Hi B. 181, the City oould use funds provided In that,Aot In 

sonetruoting the dltohee leading into those of the Dietrlet. 
Honorable C. Burtt Potter - Page 4 

And, thereafter the (3Ity and Dietriot oouJ.U eaoh ptiperly 

bear.Its pro rata ooet of malntenanae. We believe thle ~2.13. 

constitute a sufficlsnt answer to your third question', as 

well as the fourth. 

Your first and seoond questions axe, so general and 

might be affected by so many different fasts and conditions 

not known to ua that we oannot undertake to answer them. 

Yours very truly 

ATTORNEY GENERAL OF TEXAEi 

:. _. 

GFUBT 

APPROVZD Of%9, 1941 .. 

(Signed) Grover Sellere 

i&ST ASSISTANT 

ATTOFiNEX GE#ERAL 

By (6IgneB) Olenn R,,i;s@4 

‘Qlen+R.,‘:*ir. .. 

Am+mbklt.