Untitled Texas Attorney General Opinion

Eonorable Julian E. Weisler County Attorney Washington County Brenham, Texas Dear Sir: Opinion Number O-1292 Re: Disposition of levee improvement bondssafter some have been paid and cancelled. We have your letter requesting our opinion as to the disposition of bonds of Washington County Improvement District Number One which have been paid and cancelled by the County Treasurers of Waahington County. The facts underlying your question are that in January oft 3.911, Washington County Improvement District Number Cne issued $57,000 in bonds, maturing from 1914 to 1951, inclusive, for the purpose of construating levees in the southeastern portion of the county, and that the County Tr8asUr8r having paid all of suoh bonds nom declines to deliver same to the governing board of the District in compliande with their replest to surrender same for de- structlon. Washington County Improvement District Number One was established pursuant to Chapter 2, Title 83, of the Ravised CiVtl Statutes, 1911, Articles 5530 to 5584, Artiole 5555 thereof states, in part: "And said Commissioners 1 Court shall provide for a.sinking fund for the payment of bonds issued by such district, and which shall be set forth in a well bound book; and said book shall at all times be open to the inspection of all parties interestsd in said district, etiher as taxpayers or bondholders: and upon the payment of any bonds an entry thereof shall be made in said book. The county clerk Shall receive f or recording all bonds and other instruments of the Improvement District the same fees as provided for other like records." Honorable Julian B. Weisler, page #2, O-1292 Article 5564 provides that3 "It shall be the duty of the County Treasurer to open an account with the Improvement District and to keep an accurate aacount of all moneys paid out by him. He shall pay out no money 8x- cept upon a VOuoh8r signed by two of the Improve- ment Commissioners and countersigned by the County Judge; and as often as required by said Improvement Commissioners orthe Commissioners* Court, he shall render a correct acaount to them on all iiEittepZi%Xiiiiig~ -- -- ?%iZiiXal-oon- - dition -- of such distr1ct.w In the opinion of this department the County Treas- urer acts as the 8x officio treasurer of Said district and, as such; was required to reaeiv'e all moneys paid to the district and to disburse such moneys upon proper order signed by two commissioners of the district and counter- signed by the County Judge. The Other requirement being that he should keep an accurate reoord of all moneys re- ceived for the district and all moneys paid out for the district. It follows that the law aontemplated the re- cords, provided to be kept by him.and which he is directed to preserve, would be sufficient to relieve him of any further responsibility as to receiptsand disbursements of funds for such di.strict. Aacordingly, when bonds have been pald and SUbS8qU8ntly ooncalled or perforated, we think the bonds should be delivered to the govern1 board of the Improvement District to be disposed of in Suo"ff manner as is deemed best. We find no law requiring the d8StrUotion of "paid and cancelled bads." HOW8V8r, as a precaution, it seems advisable to destroy.suoh bonds , and that if records have been acaurately kept plainly showing that all outstanding bonds had finally been paid and oancelled, such records would be sufficient to prove the final discharge of all such obligations. It occurs to us that under Artiole 6555 it was intended that the County Clerk should be the custodian of the bonds and that the County Treasurer was required only to receive and pay moneys of the distriot pursuant to orders by the proper officials, but in either event we are of the opinion that the bonds should be delivered to the Honorable Julian E. Weisler, page #3, O-1292 governing board of the distriot for destruction, taking their receipt therefOr* Very truly yours ATTORNEY GENERAL OF TEXAS s/ Clarence E. Crowe Clarence E. Crow8 Assistant CEC-s/og APPROVED NOV. 8, 1939 s/ Gerald C. Mann ATTORNEY GEKERAL OF TEXAS Approved Opinion Committee By BWB, Chalrmsn