ALT~~xTVILTEXAR
VILL WIL?3ON
.,'rTO*NE:Y G.*:N~**AL
August 26, 1957
Honorable Hubert W. Green, Jr. Opinion No. WW-24.0
Criminal District Attorney
Bexar County Re: Authority of Bexar
San Antonio 5, Texas County to pay the City
of San Antonio costs of
acquiring rights-of-way
under the facts submit-
Dear Mr, Green: ted,
You have requested an opinion on the following ques-
tion:
"Can the Commissioners Court legally author-
ize the payment of this claim of the Cfty of San
Antonio, and can the County Auditor legally issue
voucher warrant in payment of such claim?"
The facts on which this question is based, according
to your request, are substantially as follows. The Commiss:ion-
ers' Court of Bexar County on July 9s i952y entered into an
agreement with the Highway Department whereby the Comrnission-
ers' Court of Bexar County agreed to obtain certain rfghts-cf-
way for the construction of a State Highway under the provisions
of Article 6674-n, Revised Civil Statutes of Texas, 1925, as
amended. Prior to the acquisition of the property in question
and on September 25, 1952, the City of San Antonio annexed the
territory wherein the property is located, Thereafter, the
County of Bexar and the City of San Antonio entered into an
agreement whereby the City of San Antonio would acquire such
property and the Commissionerst Court of Bexar County agreed to
comnensate the City of San Antonio for its services up to the
.%nnof $35,OOO.OO,whichhad been set aside by the County for that
purpose. The City of San Antonio acquired the property in ques-
tion and has now filed a claim with the Commissioners' Court for
the sum of $33,500.00. The City of San Antonio acquired the
property by condemnation proceedfngs and had to pay in excess
of the sum of $339500.00 for its acquisition.
Section 52 of Article III of the Constitution of Texas
authorizes counties and political subdivisions to issue bonds
for the purpose of construction, maintenance and operation of
macadamized, gravelled or paved roads and turnpikes, or in aid
thereof. In construing this provision of the Constitution it
Honorable Hubert W. Green, Jr., page 2 (bfw-240)
was held in Citv of Brackenridge v. Steuhens Counte, 120 Tex.
318; 40 S.W.2d 43 (1931) that the Commissioners' Court has au-
thority to expend county road bond funds for the improvement
of city streets where such city streets form integral parts of
county roads or State Highways, when such improvements are made
without conflicting with the jurisdiction of the municipality
or with its consent or approval. See also Hughes v, Harris
County, 35 S.W.2d 818 (Tex.Civ.App. 1931). A similar q-Jestion
to that presented in your request was involved in the City of
Breckenridze case, supra. In that case the City of Brecken-
ridge sought to recover on a contract with Stephens County
wherein the county agreed to pay a part of the costs of im?rov-
ing one of the streets of the city and the street ir question
was a connecting link and an integral part of a county road and
State Highway; and in that case the Supreme Court held:
"From what we have said it is evident that we
hold that under the Constitution and laws of ::his
state the county in the instant case had the right
to make the improvement in que,stionhere, Of
course, if the county had the right to make the im-
provement, it had the right to make the contract so
to do. a e ."
Since the acquisition of the right-of-way in question
was for a State Highway, it is apparent that i';forms "integral
parts of county roads or state highways" and you are therefore
advised that the county is authorized to pay the clain in ques-
tion under the facts submitted, and that it is the duty of the
County Auditor to countersign the warrant for the payment of the
claim.
SUKMARY
The County has the authority to expend County
Road Bond Funds for the payment to a city for the
acquisition of rights-of-way for the county within
the corporate limits of incorporated cities or
towns where the property in question forms integral
parts of county roads or state highways.
Yours very truly,
WILL WILSON
Attorney General of Texas
JR:wb Assistant
Honorable Hubert W. Green, Jr., page 3 (WW-240)
APPROVED:
OPINION COMMITTEE
H. Grady Chandler, Chairman
Mary Kate Wall
W. R. Hemphill
Roger Daily
REVIEWED FOR THE ATTORNEY GENERAL
BY: Geo. P. Blackburn