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 /cb:ldw
APPROVEiD
AUG. 11, 1941
s/ QBALUC. MANN
ATIORREIGEWERALOFTEKAS
APPROVEDOPINIONCOWWIlTRE
BIB. W. B.
CHAIRMAN ;