Case Information
*1 .*, 45 OFFlCeOFTHEA7TORNtZY GENERALOFT-
AUSTIN
Ronorabl~ C. Burtt Potter
ouunty Attorney
Sintan, Texas
DeEr ala-r oplaloa x0. o-3609
Rat valiaity Of a@xwRent betwwm Xntcm an4 Son FatrlOlO count (ionaiocI tetloa an4 :&a f aaetiba Diatrlot 8b. 1 for co- opera tlvo flood cunl;roL *2 Hon. C. Burtt Potter - Page 2 and any damages that might arise and auoh
portion oost 0r maintenanoe of euoh ditah
Jointly used.
1. Can the city and Drainage District enter Into suoh contraot.
2. Under H. B, 181 is there any provlalon for the proposed pro-rata maintenanae funds upon which the District may rely.
3. Can two independent political sub- divisions of the State enter Into a Joint pro- Jeot and bear aoste on a pro rata basis.
4. Must eaoh politioal subdivision stand .: . . . . . .' : ,. and 'oper&t,ts sepw3tely; !. : . . . : . . . (..,._ .; ~. .,' ,. '.: I, IJouae Bill. 181, 46th LeglalatuPe,’ granted t;o:,z:~~~:‘~~,. the'city of Sinton three-ninths oft t&k net amount ,si the : State dad vixl?r$,m taxes oolleoted 'A.ri @ah Patti,l+o CorUltg:' ~..,:I ~'.for a period of twenty years. Sdo. .6 'of aa1d.H. B;- 181 ,.'.
providea .in part!
*The moneys herein and-hereby granted anU - donated to the City of Sinton are deolared to
be truet funds for the purpose of aiding the
City of Binton in paylng the Interest upoll end prinolpal or, and providing @king funa ior ~~ paymeht~thereof, bonds heN%ofore or hereafter:"'~.~ i86u6d,,the primee&~ef'wh~6h bond6 were to be'~' or 'iwe to be wed .+xolu6ively 'QI oO?IlltrUOting FIaRltary'~and atarp! systems by drainage levee,
and oanal conatruotlon, including ditohes,
breakwaters, bridge rtruo+ree and other pre-
teotions in, along, or draining into Chiltipin Creek, and to bulld bridges and passage6 8~3re66 ilfUJIe,~&XId e.Ry other nseeeaary drainage 6y6t6Blti ,; ana proteot&me in oraer that: eaid city hay be remove& frum oalamltoue overflowa and the
dangerouhi unsanitary oondition resulting rmm
euah~~verflona and for the purpose of aiding
the City of Blnton in paying the lntereat upon any principal of, and providing sinking fund *3 ‘. : ,,-: . :,
,-*, Hon. %;i,Burtt Potter - Page 3
. for payment thereof of bonds heretofore or hereafter to refund any bonds as have been or are 80 issued issued. . . *
We will consider your third questlon first. While such question is a general one, we presume that when you. say "two independent political subdlvisIonsU you mean the City of SInton and the San Patriolo County Conservation & Reolamation District, and that the *Joint project H mentioned by you Is the one proposed by these two particular political bodies.
If the proposed system of ditches would tend to ac- complish any the purposes set out in Seo. 6 of House Bill 181, then the proceeds of any bonds mentioned In said Seotlon 6 may be ueed on the prodeat, notwlthetanding it may be a .joint.one oontrlbut+ to'by ,ce Conservation & ILeolamation,,.
.' 'DIetrIot.'., LikewIse; .If'thp.dUXh Ie'serving thb~proper'p.Wr~ '.'
poeee of the Dletriat, that subdlvlaion racy oontrlbute to:;,it;s' malntenanoe. For, in euoh Inbtanoe, neither entity woul&he :expendIng ,Ite money for an unauthorized purpose. The pooling : their resourbes and .the bulldlng of a hooperative sgatem ~~, ~ 1.
might well effeot a caving for both the City end the~Die$riot, rlth obvIoua beneflolal reeulte ~to ths ta.xpayers.oontti2buting from eaoh angle. Thers Is ~nothlng which prohibit8 two govern- mental bodies from making a common oauae and Jointly entering Into a projeot when It Is In furtheranoe of the purposes of both. Hu es v. County Commlesloners~ Court of Harris wunty, .36 ~9. w. 'f" 2) 018 (oIty and oounty oontrlbutlng Jointly to,:,the 2). g@, fg#@$$, butlding of's road); Malone v. Pehy, 17 8. ,W, State aqu*lng . and State T. Oliver, 35 8. W. (2) 396, Tenn. t land and delivering same to Federal Qovernment for eet~lleh- ment of park thereon).
We rind nothing In House Bill 181 to muggeet that expenditures of money therein provided for the use of the City of SInton must be oonfined' to areas within Its oorporate UmIte. . .
Amiuming ‘that the propoeed Improvement wouldbe wIthIn the purposes mentioned In the quoted part of Beb.~~6,, Hi B. 181, the City oould use funds provided In that,Aot
In sonetruoting the dltohee leading into those of the Dietrlet.
Honorable C. Burtt Potter - Page 4
And, thereafter the (3Ity and Dietriot oouJ.U eaoh ptiperly bear.Its pro rata ooet malntenanae. We believe thle ~2.13. constitute a sufficlsnt answer to your third question', as well as the fourth.
Your first and seoond questions axe, so general and might be affected by so many different fasts and conditions not known to ua that we oannot undertake to answer them.
Yours very truly ATTORNEY GENERAL OF TEXAEi By (6IgneB) Olenn R,,i;s@4 :. _. ‘Qlen+R.,‘:*ir. ..
GFUBT Am+mbklt.
APPROVZD Of%9, 1941 ..
(Signed) Grover Sellere
i&ST ASSISTANT
ATTOFiNEX GE#ERAL