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OFFICE OF THE ATTORNEY GENERAL OF TEXAS
AUSTIN
Honorable Corlos Ashley
District Attorney
Lilano,‘I’exas
Desr Sir:
Honorable Carlos Ashley, page #2
groveled or paved roads and turnpikea, or in aid
thereof, within said oounty, and speoiflcally for
the purpose of aoquirlng right of way incident to
the construction of the following highways:
“(a) Brady to Llano to Round Mountain Highway,
in tlano County;
“(b) Highway No. 29, through Llano County, and to
levy an ad valorem tax on all taxable property with-
in said county sufficient to pay the interest on said
bonds and the prinolpal thereof at maturity; said
bonds to be issued in the manner provided by the laws
of the state of Texas, and as authorized by-Section
62 of Article 3 of the Constitution of the State .v
We find that prior to the eleotion the Commissioners*
Court passed another order on Deoember 12, 1938, providing,
in part, as follows:
” * * * No?,-Therefore, be it resolved by ths
Commlaslonersr Court of LLano County, Texas, and
it is hereby adopted as the polioy and pledge of
this Court to use the proceeds of the above men-
tioned bond issue exolusively --
for the following
purposes, to-wltr
* (a) The ao;uisltFn of rig~t+~?+.sII~I;fl;l
tially along t e rou e surveye
and approved by the State Highway Department.
VI(~)The aoquisitlon of of-ws incident
to the straightening out eiihg of Highway
No, 29 from Llano to the Mason County line, south
of Llano River.
n (0) The acquisition or right-of-wax rrom Llano
to RuohaG Dam.
Honorable Carlo8 Ashley, page #3
"(al The a;y;tzt;ion of rigl$+~~+~ from
Llad-inXic& on of Roun Loun a n inoi-
dent to the completion .of the Br'ady-Llano-Austin
propooed highway.
"Adopted in open Court on this the 12th day of
Deoember, 1938." (Underscoring ours)
Where the order of the Commissioners' Court for an
election upon a bond Issue epeoifies the particular,purpose
to which the prooeeds she,11be applied, the order i:g,in
effeot, a contraot with the voters; findthe funda mcy not
be applied to another and different purpose, even though the
order was made subsequent to, and not published as a part of,
the election notice. Black Y. Strength, 246 S. W. 75 1 Aran-
888 County v. Coleman-Fulton Pasture Co., 191 8. W, 560:
Fletcher Y, Ely, 63 S. W. (2d) 817.
Therefore, it is our opinion that the Commissioners~
Oourt, by their order of Deoember 12, 1938, pledged the bond
proceeds for the aoqulsltion of rights-of-wa for roads speoi-
fioallg naned in said order, ;iiTa
we belzve-+ hat when this
issue of bonds was approved by the voters the prooeeds were
"earmarked" with the character of a trust fund which oould
not be diverted to another purpose or project, but must be
used for the aoq,uisitionof rights-of-way set out in said
order. Fletcher Y. Ely, eupra.
Therefore, the prooeede from the sale of the.bonds
voted Deoember 22, 1938, oannot be used legally for the pur-
pose of oonstruotlng roads in Llano County.
Very truly yours
APPROVEDFEB 18, 1941
ATTOJ@JEylXW.ERALOF TEXAS
g iT4 .& & g l 7 %d& Q
A!Pl?ORNEY
GENERAL GB T~:XAS BY
COB-8