The journal. (Caldwell, Ohio) 1934-1961, 1955-12-01
SCS District

as tClloWS:
Among the powers conferred
upon a board of county commits
sioners by the provisions OF
Chapter 307, Revised Code, is one
which authorizes the board to
make contributions of money,
property and services to a soil
conservation district where the
work accomplished by such dis
trict benefits the county. Section
307.27, Revised Code, provides:
Board of county commission
ers may make contributions of
money, supplies, equipment,
office facilities, and other prop
erty or services, which will ha
of value or use to organized
soil conservation districts, within
or without the boundaries of
such county, if said board deter
mines that the work accomplish
ed by such conservation districts
will be of value to the general
welfare and benefit of such
county. Any money expended by
the boards for such uses and
purposes shall be drawn from
the general fund in the county
treasury not otherwise approp-
rated. Boards may anticipate
the expenditure of such funds
for such purposes and enter the
expenditure in their annual
statement to the county budget
commission for its inclusion in
such budget upon which rates of
taxation are established and
fixed in the manner provided by
law"
The statute here, in clear and
unequivocal language expressly
authorizes county commissioners
to make contributions to
organized soil conservation dis
tricts of money, supplies, equip
ment, office facilities and other
property and services, if in the
opinion Of the board the work
accomplished by such district
will be Of value to the contri-
buting county.
Webster defines the word
contribute" as meaning to give
or grant in common with others,
to give money or other aid for
a specified object. Such was the
obvious intention of the General
Assembly when it first enacted
Section 3o7.27, Revised Code
(G.C. 2457-O in 1851, to make
it possible for counties to con-
tribute to the operation and
maintenance of soil conservation
districts, where the county bene--
fits by the improvement, and
authorizes the inclusion of such
expenditures in their annual
budget and to pay them from the
general fund of the county not
otherwise appropriated. Nor is
there any conflict between Sec
ton 307.12, which permits the
disposition Of personal property
by sale at public auction and
Section 307.27, which permits the
gift or contribution Of such prop
erty to soil conservation districts.
| Section 307.27, originally enacted
| by the 99th General Assembly IN
| connection with the admlnlStra-
ton of natural resources (l24
Ohio Laws, 285; &C. 2457-O, IS
| of recent origin and cOnters up
| on county commissioners the
| specific COVER Of contributing
| money, property and services to
| soil conservation districts which
they did not possess before. 1t
| is an additional power Whlcch
| does not effect those already
given by statute.
1t should be borne in mind,
| however, that much OF the road
| machinery acquired by counties
is paid for with the proceeds Of
motor vehicle fuel excises lev
led under the provisions of Chap
ter 5735, Revised Code, and dis
| tributed to the several subdl-
| visions as provided in Sections
| 5735.23 and 573527, Revised
| Code. Both these sections, as we'll
as Article XII, Section 5a, Ohio
| Constitution, limit the purposes
for which such funds may be eX-
| pended. In general such eXpen-
| ditureS, are limited to construc-
| ton and maintenance OF nigh
| wavs. etc. and other statutory
highway purposes. Although 1t
has been held that such funds
might be used for purposes nee
essarily incidental to these pur--
| poses, as the purchase of road
| machinery for example, 1t is not
| believed that such funds could
be used to buy machinery for
| use by soil conservation organi-
zation for purposes unrelated to
| highway construction, malnten'
ance, etc.
| Moreover, it would amount to
violation Of the spirit of these
statutes and the constitutional
limitation above noted, to dis
pose of road machinery thus
ACQUIRED in any way unrelated
to highway Improvement pur,
poses. It can readily be seen that
| if used road machinery acquired
bv the expenditures Of motor
vehicle excise funds, has any
value at all it should be utilized
for the purpose for which ac-
ouired, or, if sold or traded. the
proceeds thus accruing should be
| likewise devoted to a statutory
| highway purpose. "
| Accordingly, it is my oplnlor
that a board of county comml!s'
sioners may under the proVls
| ions of Section 307.27, Revised
| Code, contribute county oWnec
road machinery except such a: