Case Information
*1 February 27, 1939 Mr. A. W. Carothers
County Attorney
Loving County
Mentone, Texas Dear Mr. Carothers: Opinion No. O-377
Re: Whether or not It is legal.. to issue bonds to build road if petition ena oi+er for election state road runs through only two commissioners1 precincts This will acknowledge receipt of your letter of Feb- ruary 15, 1939, which reads as follows:
"Loving County is desirous of putting In a r&d from Mentone to the county line east, which road will run through commlssLonetisl precincts Nos. 1 and 4 only, and does not Fun through commissioners1 precincts Nos. 2 and 3 at all.
"Would it be legal to vote bonds for the county to build this road If we desLgnate in the petition and order for the election that the'road for which the proceeds of the bonds are to be used runs through only two coimnlssioners' precincts?"
It is our underatandlng from your letter that yoii are InterListed in the proper purpose clause to be used in your peti- tion and order for election. The purpose clause should be word- ed as follows;
'%or the purpose of the construction, main- t'enance and operation of macadamlzed, graveled or paved roads-and turnpikes, or in aid thereof".
Article 752a, R.C,S., Article .3, Section 52, Con- stitution of the State of Texas.
-If you want to designate, in addition to he above purpose clause, in your petition and election order the exact route of the road and show that It will only mn through two cbmmlssioners 1 precincts, we know of no objections that we could mske'to your transcript for that reason.
Mr. A.M. Carothers, February 27, 1939, Page #2 C-377
Rowever,a statement of the road to be constructed, the route, and the amount to be expended for each tgpe of.cbti- structlon, Is unnecessary, undesirable and has no proper place in the petition, the selection order and other proceedings. The hoinmisslone~s’ all of these matters in a aep- CoUrt can cover arate order to be passed at any time befotie the election. The &urtsYheve ruled that isn order of this natur'e constltiitei a valid and binding contract between the court and the taxpayers. Black vs. Strength, 246 S.W. 7~9.
Trusting that this answers your question, we remain Very tntly sours ATT'ORNEY GENERAL ~W TEXAS By s/Clauae”o. Boothman Assistant COB:s:wc
Approved:
s/Gerald C. Mann
ATTORNFX GENERAL OF TEXAS