Case Information
*1 Honorable Jaok Weoh
County Attorney
Carneion county
Brewnwille, Texas
har Sir8 Opinion Ru&6r O-2920
Be: Validity of a road dintriot FhiOh inoIud66 a previously or6at6dmroad dirtriat aad the rffeot of maoh' oreatioa upon the diEtriot aErlapp6d. on the Ik hWU YOUr Of. %Wl6bOr 22, lOtt6r rEqU66tillg OUT opinion
question arising out of the following state of faotst 6Th6 C~666i66i~6r6' COU@ Of C6mrOn CoUnty, TOmE, by authorltp of Art1016 7520, Rwissd civil Statute6 of Texar, 1926, or6atEd CamEron County Road District #1 during the month of October, inoorporatiag ther6in th6 City Of &onY~EVillO and Eon16 surrounding t6rritOrJr.
Based upon a petition 6ignQd by the rsquisite numb6r of r68idEnf property t6xpaying voters of said distriot, and aftsi the notiae nquired w law in Arti. 7626, a hearing me had thereon on Hov6&6r 6, 1940, under &ti- ale 7620; and the Comrmisaionara~ Court than ord6rEd a bond eleotion for D606mb6+ 7, 1840, of )266,00% Upon said i%mmber 6, 1940, a group of oltirenr appeared bfor6 the Cmmis6iomrs1 Court of this County and requested that a 66oond distfiot, to be called Cameron County Road Dis- triot "A6 be created, whioh said M&riot muld include all of Road District One and mm6 additional territory to the U6est thereof, and, upon the petition of the requi6ite number of resident propsrty taxpaying voters, an Orgrw68-6n- tared for a hearing to datetine whether or not a bond eleo- tion in said Road District "4" should be held. The propon- ents of Road District "46 agree that if the bond election of Road Diatriot One, on December 7, carries, the said Road District "11" should be oanoelled and nothing further done thersrith.. Ebwever, if t# qaid bond elsation of Road Dis- tri&,Q, f64l.18 to carry, the propDnent8 of said Road Die- triot1&*hop6 to be able to carry their said election.
proponsnts of each district hop6 that whichever bond eleo- tion carries, the State Highway Department will designate *2 Honorable Jaok Rieoh, page #2 (o-2920)
the proposed road as a State Highuay and that the bonds issued thereunder will partioipate under the one cent gasoline tax of Rousa Bill 688, 46th Legislature, Regu- lar Session, Chapter 3, page 682, 80 that the bonds of either.distriot must have b&n voted and issued by Jan- uary 1, 1943; henos, timb'is bf the dse.enc~~~
The legal question arising from th.a foregoing and upon which our opinion is requested Isa
"Whether a road distriot within a county may be created which includes a previously created road dis- trict, and particularly ðer the creation of said two districts, as hereinabove set out, would invali- date the bond issue of either,"
Assuning for the purposes of this opinion that the steps taken in the oreation of '~ Road District Nurmber One above mentioned, mre legally and properly oarried out, it must be conoeded that Road Dis- trictL Number One was legally and validly established.
Artiola '75200 reads, in part, a8 followsr
"But exoept as herein specifically permitted no frao$ional part of a previously created road distriot ‘shall be included within the limit of the road dis- trict created under the provisions of this Aot, e e .".
In our opinion this artiale precludes the creation of-Road District "A" mentioned in your lettsrr Further, it is our opinion that the crea- $ipn of Road District "A" oan in nowise affect the validity of Road Dis- triot One, inasmuch as-Road District Kumber (he was previously created, The prohibition aontained in Article 7620~ is against the subsequent of a road district, the territory of which would overlapthat cmation of a road district previously created, and oan, therefore, have no ef- fect on such previously oreated district.
The exception mentioned in the above quoted article has refersnce to the compensation bond statutes, Artioles 767d, et seq., and Is not perti- nent to the situation in the instant matter.
The pro-ceedings had in connection withtha crsaticn of Road Distriot "A" being prohibited by law, mu think void ab initio, and you are 60 ad- vised.
Trusting that the foregoing satisfactorily answer8 your inquiry, we fire
Very truly yours, ATTORl?EYGEXERALO~TEXM APPROVED DEC 20, 1940 By's/ Cl areme E. Crow0
Grover Sellers Clarence E. Crow0 FIRST ASSISTXNT hTTOH?FX GENFNU Assistant CEC-sgegw