Honorable E. H. Griffin opinion No. o-6979
County Attorney, Young County Re: May a commissioners' precinct
Graham, Texas use a portion of the money de-
rived from the sale of bonds
for the purpose of graveling
feeder and connection roads to
and with the specifically de-
signated x%ad8,in,biid r6a7d ,-
Dear Sir: bond'eleetion?
We acknowledge receipt of your opinion request of December 5, 1945,
and quote from your letter as follows:
"I wish to submit to your office for an opinion the fol-
lowing statement of facts: May Commissioners' Precinct No.3
in Young County, Texas, use that portion of the money not
heretofore spent derived from the sale of bonds issued follow-
ing an election in said precinct, for the purpose of graveling
feeder and connecting roads to and with the specifically de-
signated roads in said.road bond election.
"I am sending you herein the order of the Commissioners'
Court sitting down for hearing the petition for the road bonds
which were sold to raise the above mentioned money. I am also
sending you herein a copy of the notice issued by the Commis-
sioners' Court of Young County to the resident property tax-
paying citizens of said precinct of the hearing to be held be-
fore the Commissioners' Court concerning such election.
"You will note that in all these documents, which are based
upon the original petition filed with the Commissioners' Court,
it is specifically stated that:
"1. 'The money received from the sale thereof (that is,
the bonds) will be applied to constructing, maintaining, and
operating certain designated roads within said precinct, which
roads are commonly known as the Newcastle to Padgett Bridge
Road and the Olney to Springcreek Road, and a connecting road
leading from the Spring Creek Road to an intersection with the
Newcastle Padgett Bridge Road.'
Honorable E. H. Griffin, page 2 (O-6979)
""2. That said money will be secondly applied to con-
structing, maintaining, and operating certain other sections
of rural roads and bridges and drainage structures on said
roads in said precinct now in need of repair, etc.'
"3.'And it is expressly stipulated that if the proposi-
tion for the issuance of the proposed bonds is approved by
the necessary vote of the qualified electors of said precinct
in such election, the bonds will be issued and sold and the
tax levied in payment thereof when, and only when, the said
precinct receives from the Works Projects Administration de-
finite assurance that the said Works Projects Administration
will assist in constructing, maintaining and operating of the
road and other drainage structures in said precinct, as here-
inbefore set out.'
"I feel sure that this question is controlled by your opin-
ion number O-6755, dated August 4, 1945, and written for the
County Auditor of Hopkins County, Texas, wherein it was held
that if the Commissioners' Court of said county entered a pre-
election order designating the roads and specifically declaring
the purposes for which the bond money was to be expended, then
the subsequent commissioners' courts were bound by the terms of
said order."
We are enclosing herewith copies of our Opinions NOS. 0-6755, 0-4078
and 0-2860, which we believe fully answers your question.
Based on the enclosed opinions and the authorities cited therein, it
is the opinion of this departmentthat the ,bond proceeds-~msntionedin your
letter cariiibt
be'used'forthe purpose of graveling fe6der and.connecting roads
to and with the specifically designated roads in said road bond election, un-
less said feeder and connecting roads come under the stipulation set out as
paragraph two of your request. Said money cannot then be used unless a grant
is received from the PWA as stipulated in paragraph three of your request.
APPROVED DEC 12, 1945 Yours very truly,
GROVER SELLERS
ATTORNEY GENERAL OF TEXAS ATTORNEY GENERAL OFTEXAS
COB:EP:hep
By s/ Claud 0. Boothman
APPROVED Claud 0. Boothman
OPINION Assistant
COMMI'ITEE
BY BWB
CHAIRMAN
Untitled Texas Attorney General Opinion
Combined Opinion