Honorable E. H. Griffin

County Attorney, Young County Graham,Texas

Dear Sir: opinionNo. o-6979 Re: May a commissioners'precinct
use a portion of the money derived from the sale of bonds for the purpose of graveling feeder and connectionroads to and with the specificallydesignatedx%ad8,in,biidr6a7d ,- bond'eleetion?

We acknowledge receipt of your opinion request of December 5, 1945, and quote from your letter as follows:

"I wish to submit to your office for an opinion the following statement of facts: May Commissioners'Precinct No.3 in Young County,Texas, use that portion of the money not heretofore spent derived from the sale of bonds issued following an election in saidprecinct, for the purpose of graveling feeder and connecting roads to and with the specificallydesignatedroads in said.roadbond election.

"I am sendingyou herein the order of the Commissioners' Court sittingdown for hearing the petition for the road bonds which were sold to raise the above mentioned money. I am also sending you herein a copy of the notice issuedby the Commissioners' Court of Young County to the resident property taxpaying citizens of said precinct of the hearing to be held before the Commissioners'Court concerning such election.

"You will note that in all these documents,which are based upon the originalpetition filed with the Commissioners'Court, it is specificallystated that:

"1. 'Themoney received from the sale thereof (that is, the bonds) will be applied to constructing,maintaining,and operating certain designatedroads within said precinct,which roads are commonly known as the Newcastle to Padgett Bridge Road and the Olney to SpringcreekRoad, and a connecting road leading from the Spring Creek Road to an intersectionwith the Newcastle Padgett Bridge Road.'Honorable E. H. Griffin,page 2 (O-6979)

""2. That saidmoney will be secondlyapplied to constructing,maintaining,and operating certain other sections of rural roads and bridges and drainage structureson said roads in saidprecinct now in need of repair, etc.'

"3.'And it is expressly stipulatedthat if the proposition for the issuance of the proposedbonds is approvedby the necessary vote of the qualified electors of said precinct in such election, the bonds will be issued and sold and the tax levied in payment thereof when, and only when, the said precinct receives from the Works ProjectsAdministration definite assurance that the saidWorks Projects Administration will assist in constructing,maintainingand operating of the road and other drainage structures in saidprecinct, as hereinbefore set out.'

"I feel sure that this question is controlledby your opinion number O-6755, datedAugust 4, 1945, and written for the County Auditor of Hopkins County, Texas, wherein it was held that if the Commissioners'Court of said county entered a preelection order designatingthe roads and specificallydeclaring the purposes for which the bond money was to be expended, then the subsequent commissioners'courtswere bound by the terms of said order."

We are enclosing herewith copies of our OpinionsNOS. 0-6755, 0-4078 and 0-2860, which we believe fully answers your question.

Based on the enclosed opinionsand the authorities cited therein, it is the opinion of this departmentthat the ,bondproceeds-~msntioned in your letter cariiibt

be'used'forthe purpose of graveling fe6der and.connectingroads to and with the specificallydesignated roads in said road bond election, unless said feeder and connecting roads come under the stipulation set out as paragraph two of your request. Said money cannot then be used unless a grant is received from the PWA as stipulated in paragraph three of your request.

APPROVED DEC 12, 1945 GROVER SELLERS ATTORNEY GENERAL OF TEXAS Yours very truly,

ATTORNEY GENERAL OFTEXAS
COB:EP:hep

APPROVED OPINION COMMI'ITEE BY BWB CHAIRMAN By s/ Claud 0. Boothman Claud 0. Boothman

Assistant