Case Information
*1 TEEA~TORNEYGENERAL
OF TEXAS
&.E.B.Lewis
County Attorney
Cherokee County
Rusk, Texas
bar Mr. r.!cmis, Opinion Number O-1314
Rii Doas the city eumission of Jaokstiville have authorify to iaius botida and levy a tax in pay- ment thsreof forthe.i?arpbse of oon- sttioting a 1iveatoa exposition building?
We are in receipt of your opinion request of recent date and quote from your letter as follows:
'At the request of the City Commission of the City of Jaoksonville, I will appreciate your opinion upon the follotig question:
"(1) Is there authority for the City Commission of said city to issue bonds and levy a tax in payment thereof for the purpose of constructing a livestook exposition building?
"(2) If the qualified property taxpaying voters of the City of Jacksonville act favorably upon a proposal to authorize the City Commission of said city to issue bonds for the purpose of construoting a livestook exposition build- ing at an sleotion duly and legally oalled and held, and all orders and ord- inances are duly and legally entered and certified copies thereof, together with other instruments required asp Artiole 709, R.C.S. 1925, are presented for your examination and found regular, will you issue your certificate of approval of said bonds?"
In order to de&mine whethsr a munioipality has power to issue bonds, it is first necessary to asoartain~~if any statute or ch%rter provi- sion exists in regard thereto. If there is such a provision, the question arises whether the purpose of the proposed bond~issue is within the terms of such charter provision. If the charter provision is applicable, it must further lze considered whether the purpose of the is&e is a public as dis- tinguished from a private purpose. If the purpose is purely a private one, there is no power to issue, without regard to the existenoe 6 any statutory or charter provisions? since even the Legislature can not authorize the issu- anoe of bonds for a purely private purpose. ld&uillin Munioipal Corporations, 2nd Ed., Section 2436; berican National Insurance Co.m v. Donald, 83 S.W., (2d) 947.
. -. 5ix
Hr. E. B. Lawlr, pnge #e 08rtiried COMICS thereor together wita
other in6trumnts required by Artlole 709, R. C. S. 1925, are prewnted for your 8x0 amlnatlon and round ,regular, will you Imoue your certlfloate of approval of said bondelm In order to determine whether a munIoI9allty has power to ls6uue bonds, It la Sirot ~~oeeearyto aroerteln lt any statute or oharter provlslon exIets in regard thereto, It there Is such a provlslon, the question arIEe8 whether the purpose or the proposed bond Issue la wIthin the tam or much oharter provIslon. If the obnrtsr provision 18 ap- plloable, It must further be oonrldered wbsthsr the purpose or the leaua Is a 9ublIo as ~dI8tInguIehed from a prirata Ii the purpom is.purely a private one, there is P urP-0 l no 9owar to Isme, tithout regard to the exlstsnoe of any statutory or ohartar provlelons, since even the.LegIs1aim-e oan not authorize the iseuance of bonds for a purely prltate purpo-• ~oQulllIn MtmIolpsl Corporations,. 2nd I%, Seotlon -36; Amerloen National Ineure.nae Oo., Y* Donald, 83 S..W., @d~-.?W?i
ArtIole X, Seation l'or the Charter for the Oltp of Jaoksonvllle provides a8 followsa
*The governlag authority or the olty. ahall have the power to a9proprIate so muoh or the general revenue of the elty as my be necessary for the purpose of retlrIng.and dleoherging the aoorued Indebtednem of the olty end tot the mrsiose of improving the plants syatemti, and for ths purpose o? sreotlng, maintaining and operating an elea- trio light plant, or plants, and guoh other pub110 utilities as fhe gorernfng body may *3 XI-. E. B. Lewis, page 3 (0-1314)
operates &a declaration by the Supreme Court of Terns that P live sto& exposition building ersoted by a oity is a public building and serving P public purpose.
Therefore, it is OUT opinion that under Article 10, Ssotion 1 of the charter of the City of Jaoksonville,providing fbr the "creating cad maintaining of public buildings of wery kind . . . and to issue coupon bondsthersfor", the city may issus bonds and lwy P tax in payment there- for," the aity.may issue bond8 and levy a tax im payment thereof for the purpose of constructing P live steak exposition bilding.
III reply to your sec.ond question, if the qualified property tax- paying voters of the City of Jacksonville not favorably upon the proposal to authoriae the City Commission sf said oiw to issue bonds for the puh pose of oonstruoting a live'stook exposition 'building at an election duly and legally called and held, and all orders bmdmeordinanoss are duly aad legally entered and certified’ copies thereof, together with other instru- mants required %y Article 709, Revised Civil Statutes, are presented to this department and found regular im every dstail,ne will issue our asrtifioata of approval of said bonds.
Trusting that this anwers your questions, We are Very truly yours By /s/ Claud 0. Boothman Claud 0. Booti-nnti &saisCant APPROVED SEP 16, 1939 /s/GE- C. MANIF UPROVED
MTORKEY GTSNERht OF TEXAS
Opinion CQnmittee BYP~. M. N. Chairman