TREATTORNEYGENERAL 

OF TEXAS 

AUSTIN. %kXAS 78711 

June 10, 1977 

Honorable Royce C. Johnston 

Acting County Attorney 

Klebdrg County 

Kingsville, Texas 78363 

Opinion No. H-1014 

Re: Authority of a citycounty recreation board 

to expend funds. 

Dear Mr. Johnston: 

YOU have requested our opinion concerning the erpenditure of funds by a city-county recreation board created purSUant to article 1015c-1, V.T.C.S. You explain that section 

~25 of the Kingsville City Charter requires competitive bidding 

forexpenditures of more than $250.00 and ask: 

1. If the City-County Recreation Board re-' 

ceives approval of its proposed budget 

for each ensuing year, is.it thereafter 

autonomous in making expenditures within 

said budget without further approval of 

either of the participating political 

subdivisions? 

2. Does Section 25 of the Kingsville City 

Charter play any part in such expenditures by said Board, and is it necessary 

to comply with the same? 

Article 1015c-1 provides for the creation and operation 

of recreational facilities by cities, towns and counties. 

Section 6 thereof provides: 

A governing body may administer and 

operate recreational facilities and programs through a bureau or department of 

recreation or through a board established 

jointly with another governing body. The 

Board shall adopt and promulgate rules 

and regulations for administration and 

operation of recreational facilities and 

programs in its charge subject to the approval of the establishing governing bodies. 

p. 4186 
Honorable Royce C. Johnston - page 2 (H-1014) 

There are no provisions which specifically govern the 

operation of a city-county recreation board created under 

section 6. We believe that general laws governing expenditures by cities and counties would be applicable to such a 

board, - V.T.C.S. art. 2368a. Compare. Attorney General 

Opinion C-359 (1964) with V-1100 (1950). There is, however, 

no authority requirinae application of a city charter 

thereto. 

Article 4413(32c),' V.T.C.S., the Interlocal Cooperation 

Act, provides authority for agreements between local governments to perform governmental functions, including services 

in the areas of parks and recreation. Sec. 3(2). Section 

4(c) provides that the rules; regulations and ordinances of 

either government may be made applicable to the service to 

be performed as required by the agreement. Section 4(d) authorizes the creation of an administrative agency to perform 

the services involved. 

In our view article 1015c-1 and article 4413(32c) should 

be read together in this context. Section 6 of article 1015c-1 

as well as section 4 of article 4413(32c) provide for control 

over the administration and operation of recreational facilities and programs by the contracting units of local government. Accordingly, in our opinion the authority of a citycounty recreation board to expend funds is a matter to be 

determined by agreement between the city and county governing 

bodies. If such an agreement so provides, the provisions 

of the charter of the city may be made applicable to the board. 

SUMMARY 

The authority of a city-county recreation 

board to expend funds as well as the applicability of city charter provisions are 

matters to be determined by agreement between the city and county on whose behalf 

the board operates. 

AVery truly yours, 

Attorney General of Texas 

p. 4187 
Honorable Royce C. Johnston - page 3 (H-1014) 

APPROVED: 

k&y- D VID M. KEND LL, First As lstant 

C. ROBERT HEATH, Chairman 

Opinion Committee 

klw 

p. 4188