Prom the copies of letters attached to the opla- Ion request, f'rom a copy oi' the oontraot which has heen fur- nished US made by with Tinkler County, it appears that Tlnkler County has been endeavoring for serernl years to construct a road from Kermit to the line or Andrewa County, and

Mr. Donald E. Traoy - page 2

ban been endeavoring to aat the Mate Ele;hwaj Department to oo- oper)ts with aald venture.

It appears that on April 24, 1946, the County made a oontraot 81th the engineer to draw plans and speoliloations and supenlse the building of oertaln roads In Winkler County. The oontraot states that the englneer is to reoeive oertaln sums for the oempleted right-of-way surveys, lo~atlon, platting legal desorlption for the Andrews road , a different amount tor the pipe-line road from Wink-

From Information furnished to us by the State Blghwaj Departmeat, the read from Kermit to the Andrews County line on May 89, 1940, was designated as a portion of the State Highway s7stem. On August 24, 1946, the State Highway Department oan- oeled this desl@atlon.

We hare also been Informed by the State SJlghsaJ Com- mission, as well as the County Judge of 'llnkler Countr, that there Is a plan on foot whereby It ^[15] hoped an agreement oaa be inade with the State Highway Coa?mlsalon and Wlnkler County to hare the~road in question designated as a farm-to-market road, and thee hare same oompl ettd by snd the State Si@wa;l Connnlssion joint17 as such road.

We are Informed how much of the work was done, ii any, by the engineer between Hay 29th and Aagttst 24, 1046, while this road was a part of the state Rigbray system* Ileltber Is there any way for u5 to tell from the lnformatlon furnished amount the engineer desire5 the County to pay him at this time.

Under Artiole 0814q-4, Gited by you, the County Is not authorlaed to expend of the County s funds on roads that been designated as a part of the State Highway systemj nejther Is there any provision In said Artiale eor the State Alghway Department to aooperate with County In building any portion of a road that has been Beslgnated as part or the State Highway system.

Under Article 6673-o. State HlKhway Commission Is l uthorlaed to deslgnate any oountj road as a farm-to-market , re-construction and malnte- road *for purposes of COnsttWOtim nones only * + *e and provided furthor that the state Highway Commission and the Comissinners Court of the oounty whloh any such road is looated may enter into a contraot that shall set forth duties of' the State In the onnstrtlctlon, reaon- struction and maintenance of the county road, In consideration *3 &!r. Donald B. Tracy - Cnae 3

of the oounty and/or road districts relinqutshtng nny and all olaims for State part3aipatfoa in county, rend distriot or defined road dlstrlot bonds, warrants, or other evidences of indehtodness outstanding; against such road.'

?rom the ‘infarmafioa Purnlshed we cannot ansver ca'te- gorloally the questions you hare propounded.

At the ti.@e tho County entered into tha contraat with the engineer in April, 1948, the County was authorized to make a contraot to hate the roads surveyed, plattorl and aonstruoted, beoause It had not heen desigrtated as State hlghway. For the work done by the en@.neer while tho road was or is a county road, he can he paid out of Ownty Punds. xe the road skauld be designated by the Stato Elghwn~ Cornmiarinn RO a Pan?-te-Tar- ket road, then the work thereafter done muet be rflth the ap- proval aP the State FigMay Conmisoion. The contruct which tke county ~nde rith the cnclnecr to the yrjce t.ke County is is extremely arrW.guous In rdbrcnce to ;ay US the work progressed. db74q-4 cf AS above dated, Ravised Article St.at- utes r\rohiblts the Colmty from spending any oP Its fund?i on rcrads that hoen dosigated an a part OP the State Higkway system. ‘The statute authorizing the dt?BtpYatim br tk% State IJlghway Co~~~lssion aP Parm-to-?narket roads sutkcrizes the county t.be State JiiFhwsy Comls~ion td entor into n joint arseoment Par the bulldinE oP a lamto-market road. There is, hr)wever, no law autknrlaes the aountf And the St.ate itixxhtray SOIS- mission to jointly construot a road which kAn hecn dos~.gnAtcd a~ Fart aP State IfiFhwny system.

Your question yeAente R situation t.kat in autkor- lzed by tho statute, that you state the roar? in qusstion is being cantdrueted or built. partly by the Stabe fllghvay depert- erldenoe shows that 1 t mcnt and partlr by the CeuntY, while rma. ha* not been aenipmatcd ~5 a fern-to-nark3t

Sinae the Cnunty trnd tl>% ri@'t. to ~alrc the contract fn question on April 29, 39415, ft in our eyjnion, under the anthnrlty of le3t Audit co. v. Ynakum Colmt?, 35 S. v. (2) 404, f,??e en(Tjno.“r O:XY~~ Ad just their the Condssianers Court md ojfrt-+?ncoa, nn,! the Cnuntr aoald ?a~ the onrineer nn a qnuntum meritIt basjs for tkc war?: he t-se nerenmod. UnquC!ntil?nahlp, think-;, tbjc na~~lcl he true If Ftctu !‘l,rhaof Ccnmjsnjrr nnd ^[110] *4 3fr. Donald I?. Traay - page 4 reroh 8n agreement under which the road in flnrlly question is to be designated as a farm-to-market road.

We are sending copies of this opinion to the State emploJed by the County ni@IaJ Commission, : Judge ot;Winkler County.

Very truly yourn ATTORNEY Cf%ERAL OF TEXAS By A3.-

itear 1. Barous ASSISTAXT