- TREATTORNET GENERAL, TEXAS AUWTXN n.TExae PRICE DANIEL .‘vrTDRNEYGENERAL January 25, 1952 Hon. Raymond E. Magee Opinion Ro. V-1394 County Attorney Galveston County Re: Maximummaturity period Galveston, Texas for time warrants issued to pay for voting machines. Dear Mr. Magee: Your request for an opinion contains the following question: May the county commissioners of Gal- veston County issue time warrants for the purchase of voting machines and set the maxl- mummaturity date of these warrants for a period of ten years? Section 79 of the Texas Electiori Code (Sec. 3. 6, Acts 52nd Leg., R.S. 1951, ch. 492, p. expressly authorizes the issuance of time war- rants for the purchase of voting machines. Section 6 of ‘Section 79, providing for the payment of these vot- ing machines, provides in part: “The County Commissioners Court shall provide for the payment of voting machines to be used in such county in such manner as the Court may deem for the best Interest of the county, and for the purpose of paying for voting niaohines, such Commissioners Court is her~gbg authorized to issue bonds, and certificates of indebtedness, warrants, or other obligations’ to be used for this pur- pose and no other, which shall be a charge against the county, such bonds, certificates of indebtedness, or other obligations, may be issued with or without Interest payable at such time or times as the Commissioners Court may determine, but shall never be ls- sued nor sold for less than par; provided, however, that such Commissioners Court shall Issue such bonds, certif lcates of indebted- ness, warrants, or other obligations, to be used for the purpose of payment of voting machines In the same manner and with the same authority as provided for the Issuance Hon. Raymond E. Magee, page 2 (V-1394) of warrants, bonds, certificates of indebted- ness, or other obligations by th G 1 ?awS of this State. . . ." (Rm~ha``r~dded.) Article 2368a, V.C.S., sets out the procs- dure ithich must be folloved by the commissioners' court in issuing time warrants. Section 3 of Article 2368a provides: "When it shall be the intention of the Comissioners Court or of the governing bodies to issue time warrants for the pay- ment of all or any part of the proposed contract, a notice to bidders required under Section 2 f this Act shall recite that fact, sett r ng out the maximumamount of the propoeed,time Warrant indebtedness, the rate of Interest such tinm warrants We find no statute limiting the maximum maturity date of time warrants, and therefora agree, irith ,you that‘there is no fixed maximumtime for their maturity. When no maximumtime is provided, as a generel rule this la construed to mean within a reasonable time. For this type of Indebtedness ten gehrs would not be unusual or unreasonable. It is therefore our opinion that Qalveston County may Issue tipts warrants payable over a period of ten years Par the purchase of votin machines, provided, the re- quUexmnts of Article 236 fia ara complied with in all particulars. In writing this opinion this office is not passing upon the flnancilal condition of the county or deciding that the county's financial condition will permit the issuance of the warrants. This opinion is lllmited aolelg to the maximumallowable maturity dates of the warrants. The ccmmissioners~ court of Qalveston County may issue time warrants for the pur- chase of voting machines which may be payable kon. Raymond E. Magee, page 3 (v-1394) over a peribd of ten gears. -Art. 2368a, V.C.S.; Sec. 79, Texas Electlon Code (Sec. 79, H.B. 6, Acts 52nd Leg., R.S. 1951, ch. 492, p. 1126). You&r very truly, APPROVitD: Jo C. IWis, Jr. County Affairs Oioislon Charles D. Mathews First Asskrtent RRH$Plh
Document Info
Docket Number: V-1394
Judges: Price Daniel
Filed Date: 7/2/1952
Precedential Status: Precedential
Modified Date: 2/18/2017