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Untitled Texas Attorney General Opinion
O-6950
| Tex. Att'y Gen. | Jul 2, 1945
|
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*1 ,

Honorable Pat Basne ::.Oplnion 100. O-6950 Re: Do&ii-'ti'iridependent tichool county Attorney dititr'm have th&right t0 Andrew8 County vote~ana-hi+9 issued bonds Andrewa, Texas fOjP the purpose of construct- lng-~a water systeti for its public free school buildings?

Dear Sir:

VThls will aOlm0mage receipt of your letter of November 23, $945, inrhloh you propound to this department for sn opinion the So~lor~g guesti?,. _.

"Does an independent aohool U.strlot have the right @vote and have issued bonds for the purpose of~construotlng a water system for &ts pub110 free. school bullalngs4* .I

The power of.oount%es, &lclpal corporations and political subdlvlslons of this State to Issue obllgatlans in a negotiable form must be found ln the Constitution, or ln some valid statutory or charter provision. .

The power to~.l&ue negotiable paper for public lm- provements; or from tioney borrowed for such purpose, 1s a power whlah Is rega~rded as 'being beyond the soope of the power of governing bodies of a polltloal subdlvlslon~of this State, unless it be specially RraIIted. Thls eartraordln~i-y power when granted can be exerolsed only in the mode and for the purposes speolfled in the grant. (~dersoorlng ours) ~$1301 V. pult . 10 S.W. (2d) 694, L&salter v. Lopez, 217 S.T. 373, 34 Texzi Jurisprudence, pag?,.639.

It hhs always been the praotloe and policy df the Attorney Generalfs Department to disapprove bonds when any reasonable doubt eARt+ a? to its authority to approve them. In the examihatlon of bondi we proceed under the statutes and decisions of the courts; beyond that we oannot go. Our authority Is limited by the law ln the same manner as lnde- pendent school alstrlcts are limited and If the appFova1 of any *2 Honorable Pat Scene, page 2, O-6950

issue of bonds must depend upon an implied oonstruotlon of -the law purporting to authorize them, we feel that neoessa- rily such extension of the statutory purpose lies solely within the authority of the courts.

In the view of the foregoing, th%s department

would not issue an approving opinion on Independent sohool district bonds voted for any purposes other than the purposes stated ln Artiole 2704e, Revised Civil Statutes of Texas, said purposes being; #for the purchase, oonstructlon, repair, or equipment of public free school buildings within the limits of such district, and th purchase of the neoessarg _ sites therefor." (Underscoring &rs)

Therefore, It [18] the opinion of this department

that any bonds Issued by the Andrews Independent Sohool District would have to be voted and issued for the purposes stated above. However, In our Opinion No. O-2547, a copy of which is enclosed herewith, we held that the prooeeds of bonds voted for the above stated purposes could be used to construot a water system being held to be a part of the equiwent of.said bulldings.

Trusting this answers-your question, we are Yours very truly ATTORNBP GHNHRAL OFTEXAS .a/ claua 0. Boothman m --. cma-'0;. Boothman

Assistant.

Approved Nov. 30, 1945

8/ CadOs Ashley

First Assistant Attorney Gsneral

Case Details

Case Name: Untitled Texas Attorney General Opinion
Court Name: Texas Attorney General Reports
Date Published: Jul 2, 1945
Docket Number: O-6950
Court Abbreviation: Tex. Att'y Gen.
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