.I
S8d .tO this. d8ptWtElOnt,
wing question:
now oonstitute a part 0r the3
oo0 purwant to Article
poyslefit
or these bonds to the
urns tr,:sansu&lon there were a few
p/nrticii;ation
wns only partial, during
-t‘~kLch
el;zet>a ccunty 1CmieJea%ax for the pcapose or payin
2%'>ortfon of tk:cdabt raqdrewmt, with the mxU.t ticatthara .
hns cccuzulnted e scz of alg1-orirmtely $35,000 i&the sinkl~
-*.-.'i
L Le...
croeted :or the retL-ment of these bonUs.
^
,
Yz. C. Burtt Potter, lkzrch 20, 1939, page 2
The tsr=le unier which the Stateshas undertaken
to pzy off boxxk vote8, the proceeds of which have been spent
on designated State higbweys, by their wry nature require
thzt a county or road district'cont inue secondarilyliable
for the payment of that inecbtednessinasmuch as the State
ke.9merely a ss~zxa~the -peyzLent
thereo?. E6ch biennium the
Legislature appropriatesfrom the State Treasury R sum suffi-
cient to meet its propcrtionate part of-the debt so assumec,
snd while it is an unlikely contingency,it is entirely possible
t&t et some future date the Legislature~meyfail.to appropriate
the money ror thispurpose. "Accordingly, it .wouldfall to the
lot or the county or road district to provide funds for the
.purpose'of meeting the debt requirementsfor that year, end in .
.'-the event 3 levy had not.been made of a sinking fund ha8 not
theretoforebeen created,'the county or road district would
be in default
: on the payments due at t+t,,time.
" In.our opinion the moneyaccumulated in the sink--
' 'ir?gLund by Road Districts 1, 3 and.5, 'shouldbe he14 intact for.
the purpose of mesting such a contingency,'and'tbatthe 'county
or road district would not be authorized to use this money for
shy other-.purpc;e until all bonds and Interest due..thereon
3ave been finallyretired and'disbharged: To otherwise use
tb money.than for.the purpose fhr'which it was'cOlle'Ot8d
woulflin our opinion constitutea diversion of funds.-.
Very truly yours
ATT&RJ!?YGENERAL OF TEXAS
By (s) ClarenceA;;iFG
,'
CEC:S :
.CEC:FO- ,.
APPROVED' "
(S) W. F, MOORE
ATTORNEI GBNFRAL OF TEXAS. .