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The Attorney General of Texas
December 27, 1979
MARK WHITE
Attorney General
Honorable Knute L. Dietxe Opinion No. NW-115
Criminal District Attorney
Victoria County Courts Building Re: Authority of a county to
Victoria, Texas 77901 construct and maintain a sewage
treatment plant
Dear Mr. Dietxe:
You have requested our opinion regardng the authority of Victoria
County to operate and maintain a sewage treatment plant
In 1963, the federal government conveyed to Victoria County 17.59
acres of land containing, inter alia, a sewage treatment plant The grant
was conditioned upon the county’s compliance, for a period of 20 years, with
the following terms (1) to continuously use the property for public health
purposes in accordance with the county’s grant application; (2) to alienate or
encumber the land only with the permission of the Secretary of the
Department of Health, Education and Welfare; and (3) to submit annual
reports detailing the use of the property. Since 1963, the county has
operated the sewage treatment plant, which serves both public and private
residents of the county.
Victoria County was authorized to enter into such an agreement by
sections 19(a) and 19(b) of article 2351, V.T.C.S, which provide:
19(a) The Commissioners Court of each county of
this State, in addition to the powers already
conferred upon it by law, is expressly authorized and
empowered to contract with the United States
Government, or with any agency thereof, and
particularly with the Federal Works Administrator,
the Housing and Home Finance Administrator, and/or
the National Housing Administrator, or their
successor or successors, for the acquisition of land, or
interest in land, in such county, owned by the United
States Government, or any agency thereof, and for
the acquisition of any temporary housing on land
which the United States Government, or any agency
thereof, may own or control; and each such county in
P. 364
Honorable Knute L. Dietze - Page Two 04W-115)
this State is authorized and empowered to acquire by purchase, gift
or otherwise, any such land and any such housing from the United
States Government, or any agency thered, and to own and operate
such land and housing.
(b) Each Commissioners Court in this State is authorized and
empowered to adopt a resolution or order requesting the transfer to
said county of any such land or housing, or interest therein, which
the United States Government, or any agency thereof, is now, or
may be hereafter, authorized to convey or transfer to such county,
and each such county, through its Commissioners Court, is
expressly authorized and empowered to bind itself to comply with
any and all terms and condtions which the United States
Government, or any agency thereof, may impose as a prerequisite
to the transfer or conveyance of any of such land or housing, or
either of them, or any interest therein; and any instrument or deed
conveying to said county any such land or any such housing, or any
interest therein, may contain any conditions and provisions,
convenants and warranties which may be prescribed by the United
States Government, or any agency thereof, and agreed upon by said
county acting through its Commissioners Court, provided that such
terms and conditions are not inhibited by the Constitution of the
State of Texas.
Although sections 19(a) and 19(b) of article 2351 probably constitute sufficient
authorization for Victoria County to operate and maintain the facility, article 4418f,
V.T.CS., furnishes additional support That statute empowers the commissioners court of
“any county” to
apprcpriate and expend money from the general revenues of its
County for and in behalf of public health and sanitation within its
County.
-See Attorney General Opinions M-1049 (1972); do24 (1944).
In our opinion, these statutes authorize Victoria County to operate and maintain the
sewage treatment plant located on property ceded to the county by the federal
government in 1963.
SUMMARY
Victoria County is authorized to operate and maintain a sewage
treatment plant located on property ceded to the county by the
federal government in 1963.
Attorney General of Texas
P. 365
Honorable Knute L. Dietze - Page Three (NW-115)
JOHN W. PAINTER, JR.
First Assistant Attorney General
TED L. HARTLEY
Executive Assistant Attorney General
Prepared by Rick GiIpin
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
C. Robert Heath, Chairman
David B. Brooks
Walter Davis
Bob Gammage
Susan Garrison
Rick Gilpin
p. 366