Honorable Joe Resweber OpinionNo. W-1415

CountyAttorney Harris County Re: Legality of lease contract Houston, Texas between Harris County and Houston SportsAssociation, Inc., together with proposed Dear Mr. Resweber: supplementalcontract.

Your request for an opinion on the above subject matter reads as follows:

"OnMay 30, 1961,'in the captioned opinion,you approved the contractbetween the County of Harris and Houston SportsAssociation, Inc., a copy of which has heretofore been furnished. "Presently,a proposed supplement to this contract, togetherwith certain allied agreements, are under considerationby the Commissioners Court of Harris County. This office has prepared the attached opinion on these instrumentswhich are also enclosed. This opinionwas limited as set forth therein by the request of the CommissionersCourt.
"Wehereby request that you review the original lease contract in connectionwlth the attached instrumentsand render your opinion on the legality thereof. The Commissioners Court feels that there is a great urgency concerning this and therefore anything that can be done to expedite your opinionwill be greatly appreciated."
In Attorney General's OpinionWW-1074 this office upheld the validity of a lease contract entered into by and between the County of Harris and Houston SportsAssociation, Inc., stating: f1

. . . it is our opinion that the construction of the stadium in question Is a proper park usage and Is within the author-Honorable Joe Resweber,page 2 (WW-1415)

ity of the Commissioners1Court of Harris County,pursuant to the provisions of Articles 608le and 607ge,Vernon's Civil Statutes."

ww-1074: Itwas furtherheld in Attorney General's Opinion

"The contract in question does not seek to have the Countybecome a subscriber to the capital stock of any private corporation nor to make any appropriation or donation to any private corporationnor otherwise loan its credit. On the contrary,the County of Harris is receiving a valuable consideration from the Houston SportsAssociation and the Houston SportsAssociation is obligated to carry out the public purpose heretofore stated. It Is, therefore, our opinion that the contract in questiondoes not violate the provisions of Section 3 of Article XI of the Constitutionof Texas."
An examination of the instrumentsattached to your request reveals that these instrumentswill in nowise change the purpose of the original contract as outlined above, nor lend the credit of the County to any private corporation. You are therefore advised that we agree with you that the CommissionersICourt of Harris County is authorized to enter into such agreements. For a discussion of authorities on this question seeAttorney General's Opinion ~~-1074 (1961).

SUMMARY

The Commissioners'Court of Harris County Is authorized to enter into the proposed supplementto Lease and Escrow Agreement relating to the lease contract executed by the County of Harris and the Houston SportsAssociation, Inc.,Honorable Joe Resweber,page 3. (w-1415)

the validity of which was sustained in Attorney General'sOpinionWW-1074.
Yours very truly,
WILL WILSON Attorney General of Texas

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APPROVED:
OPINION COMMITTEE W. V. Geppert, Chairman Cecil Rotsch Henry Braswell Pat Bailey
REVIJUED FOR THE ATTORNEY GENERAL BY: Leonard Passmore