Rex Doe8 the ~06mi*hmer8' court have the authority to arrange with the Rosenberg Library to serve as a county library?

Your request for our opinion on the above stated question has been received by this department.

Your letter reads, in part, as follows:

@WE Comslssioners' Court of Calveston County have been considering the establishing of a County Library. They alao have under c omlderation a l ggertlon that the County arrange with the Trustees of the Rosenberg Library, located in the City of Calveston, to render the service that a County Library might render by contributing or paying to the Rosenberg Library a compensation for this service.

"The Rosenberg Library ~0s not established by the City of Calveston and is not mintmined by the City. The Library vas a gift of the late Henry Rosenberg. who among numerous bequests, also bequethed the library, and which has been maintained by au end-nt provided for in his vill." This department has held in Opinion Ro. 0-6g0 that the commissioners court does not have the authority to donate money to private endoved libraries. Complying vith your request asking for a copy of this opinion, ve enclose he~etritha copy of the same for your convenience.

Article 1677 of Vernon's Civil Statutes reads as follows:

"The Commissioners' court of mny county may establish, maintain, and operate within their respective counties, county free libraries'in the manner and with the functions prescribed in this title. The said court shall also have the power and authority to establish in co-operation with another county or counties a joint free county library for the benefit of theco-operative counties."

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L.

Bcmorable I. Redeckl, Page #S (O-1316) 1694, Vernon's Civil Statutea, reada as follows:

Article 'Iuatead of eatabliahlng a aeprate county free llbrsry, upm petition of l majority of the votera'of the couuty, the cdalonera court nuy contrect for library privilegea fran aoae already eatabllahed library. Such contract ahall provida that au& eatabliahed library ahall l aauaa the functions of a couuty free library vithlu the county with vhich the contract is as&, ipcluding Incorporated cities and tovna therein, and shall alao provide that the librarian of such eatabllahed library l hallhold or secure a couuty librarian's certlflcate froa the Stak Board of Library ExamInera. Said court may contract to pay amually into the library fund of said establlahed library such l ua ma msy be agreed upon, to be paid out of the county library fund. Either prty to such coutractaaytermiuate the l aae by giving l lxaouths notice of intention to do so. Property acquired under such contract ahallbe rubject to division at the termlnatlon of the contract upon such tema as are specified In such contract."

In viev of the foregoing statutes &w are respectfully l dvlaed that it ia WopFnlon of this department that the c~laalonera' court of Galveston Couuty can ccutract vith the Roaeuberg Library for library prlvilagea in the nunuer prescribed by Article 1694, Vernon's Civil Statutea, provided there are no reatrictiona ,,iu the will of Mr. Henry Roaeuberg prohlbltiug the auue.

Trusting that the foregoing fully auavera your inquiry, we remin.

Yours very truly, ATl'ORRRIGEI?EBALOPTEXAS a/ Ardell William6 w

Ardell Wllliaaa Assistant AW :I&ldv

AmRovm cm. 14, 1939 APPROVED OPIHIOR COMMITTE a/ ROBBRT E. KBPKR BY B. W. B.

ACTIRG ATIORRRI GRRERAL OP TEXAS CHAIRMAR