You have requested our opinion concerning whether Ward County may contribute to the construction of a swimming pool by the Monahans- Wick&t-Pyote Independent School District on land owned by the district and l.ocated within the County.

Article 60glt, V. T. C. S., provides:

Section 1. In this Act, ‘governmental unit’ means a city, town, independent school district, or any other political subdivision.

Section 2. Any governmental unit may by agreement establish, provide, maintain, construct, and operate jointly with another governmental unit located in the same or adjacent counties, playgrounds, recreation centers, athletic fields, swimming pools, and other park and recreational facilities located on property now owned or subsequently acquired by either of the governmental units.

This statute authorizes agreement between governmental units located in the same or adjacent counties for the construction of swimming pools upon property owned by “either of the governmental units. ” Since all elements

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The Honorable Ed Keys page 2 (H-41 3)

required by the statute are present in the instant situation, it is our opinion that the statute expressly authorizes the county to enter into an agreement to contribute to the construction of the swimming pool. We observe that Art. 60glt contemplates continuing joint responsibility for the facility, so that agreement should provide for some continued participation by the county.

A properly drawn agreement will not violate Art. 3, $52 of the Texas Constitution, which prohibits a loan of credit or grant of public money by a county to an “individual, association, or corporation, ” because the construction of such recreation facilities can be the object of a proper public purpose for both, and both parties will receive a quid pro quo resulting in their mutual benefit. Attorney General Opinions H-93 (1973). H-109 (1973), H-257 (1974), H-403 (1974); San Antonio River Authority v. Sheppard; 299 S. W. 2d 920 (Tex. 1957).

SUMMARY

Article 6081t, V. T. C. S., authorizes a county to agree to contribute to the construction of a swimming pool by an independent school district on land owned by the school district and located within the county, so long as the agree- ment serves a proper public purpose for both entities, results in an adequate benefit to both, and provides for joint participation in the operation of the pool. “F--------’

I\ . \ \ F. YO K, kirst ssistant /

DAVID M. KENDALL, Chairman

Opinion Committee

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