HonorableT. K. Wilkinson County Auditor Hill County Hlllsboro,Texas
.Dear sir: OpinionNumber O-3851 Re: Can the Commissioners'Court of Hill County spend the,proceedsof or from the sale of Road District#5 Bonds in buildinga graveledroad that is the dividing Itie of Road District #5 and Road District#!t
We acknowledgereceiptof your opinionrequestof August 1 and quote frox your letter as follows:
"Hill County Is contemplating the sale of some Road RondDirtrict No. 5 bonds that were voted and issuedfor the purposeof constructing,maintainingand operatingmacadamized, graveledorpaved roads and turnpikes,or in aid thereof.~
"I will appreciateyour opinionas follows:
_ "Can the CommissionersCourt of Hill County spend the proceeds of or from the sale of these bonda in buildinga graveled road that is the dividingline of Road DistrictNo. 5 and Road DistrictNo. 21
"It seema to be the &sire of the majorityof the taxpayers in Road DistrictNo. 5 that the money derivedfrom the sale of Road DistrictNo. 5 bonds be used in constrwting"the entire road as above described."
The bonds mentionedin your opinionrequesthave been issued or must be issuedunder and in strict conformitywith Section 54, Article 3, of the Constitutionof the State of Texas, and laws enactedpursuant thereto,particularlyArticles752a, 752~ and 752d, et seq. Said bonds when issuedwill have to be for the purposeof the construction, maintenanceand operationof macadamized,graveledor paved roads and turnpikes,or in aid thereof,within and for said Road District No. 5 of Hill County,Texas, and a tax villhaveto be levied in said districtin paymentthereof. Article 7526 specificallyprovidesthat all preelectionproceedingsshall describethe road districtby Its Honorable! Tt K. Wilkinson,page #2 (o-3851)
number and describethe boundariesthereofas such boundariessre described and definedin the order of,theCommissioners'court establishingsaid district.
It is elementarythat'thefunds derivedfrom the sele of bonds cannotbe divertedfrom the.purposesstated in the propositionsubmittedto the voters. AransasCounty v. Colemen-Fulton PastureCo., 191 S. W. 554. The bonds, under your statementof facts,will be issuedto build roads within said road district.
It is our opinionthat the proceedsof bonds issuedby Road DistrictNo. 5 must be spent for the purposeof constructing,maintainingand operating macadamlsed,graveledor paved roads and turnpikes,or in aid thereof, vithln said Road DistrictBo. 5 of Hill County,Texas. I :, ~-Therefore,~bond proceedscan be used only to constructthat part of the road in questionthat lies within Road DistrictNo. 5. .~ .; The courts of thisstate have held that even thougbthe administration of road districtfunds is controlledby the County Commissionersthey may not divertsaid funds from districtpurposes. Austin Broa. Bridge Co.~v..Road DistrictNo. 3 of LibertyCounty.247 S. W, 674 (error refused);Austin Bras. v. Patton,226 S. W. 702 (errorrefused)~.
Trustingthat this answersyour question,we sre
Very truly yours
ATTORRFZGEWEMLGFTEXAS
81 Claud 0. Boothman
BY Claud 0. Boothmen Assistant
COB:6 /
APPROVEiD AUG. 11, 1941 s/ QBALUC. MANN ATIORREIGEWERALOFTEKAS
APPROVEDOPINIONCOWWIlTRE BIB. W. B. CHAIRMAN ;