# 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 fundsby a city-county recreation board created pur**SUant** toarticle 1015c-1, V.T.C.S. You explain that section ~25of theKingsville City Charter requires competitive bidding forexpenditures ofmore than $250.00 and ask: 1. If the City-County Recreation Board re-' ceives approval of itsproposed budget for each ensuing year, is.it thereafter autonomous inmaking expenditures within saidbudget without further approval of either of theparticipating political subdivisions? 2. Does Section 25of the Kingsville City Charter play any part in such expenditures by said Board, and is itnecessary 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 bodymay administer and operate recreational facilities and programs through abureau or department of recreation or through aboard 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. 4186Honorable Royce C. Johnston -page 2 (H-1014)

There are noprovisions 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 toperform governmental functions, including services in the areas ofparks and recreation. Sec. 3(2). Section 4(c)provides that the rules; regulations and ordinances of either government may bemade applicable to the service to beperformed as required by the agreement. Section 4(d) authorizes the creation of an administrative agency toperform the services involved. Inour view article 1015c-1 and article 4413(32c) should be read together in this context. Section 6of article 1015c-1 aswell as section 4of article 4413(32c) provide for control over the administration and operation of recreational facilities and programs by the contracting units of local government. Accordingly, inour opinion the authority of acitycounty recreation board to expend funds isamatter tobe determined by agreement between the city and county governing bodies. If such an agreement soprovides, theprovisions of the charter of the citymay bemade applicable to theboard. SUMMARY The authority of a city-county recreation board to expend funds aswell as the applicability of city charter provisions are matters tobe determined by agreement between the city and county onwhose behalf the board operates. AVery truly yours,

Attorney General of Texas

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

APPROVED: 

# k&y-

DVID M. KEND LL, First As lstant

C.ROBERT HEATH, Chairman Opinion Committee klw

p. 4188