Untitled Texas Attorney General Opinion ( 1962 )

Honorable Joe Resweber Opinion No. W-1415 County Attorney Harris County Re: Legality of lease contract Houston, Texas between Harris County and Houston Sports Association, Inc., together with proposed Dear Mr. Resweber: supplemental contract. Your request for an opinion on the above subject matter reads as follows: "On May 30, 1961,'in the captioned opinion, you approved the contract between the County of Harris and Houston Sports As- sociation, Inc., a copy of which has here- tofore been furnished. "Presently, a proposed supplement to this contract, together with certain allied agreements, are under consideration by the Commissioners Court of Harris County. This office has prepared the attached opinion on these instruments which are also enclosed. This opinion was limited as set forth there- in by the request of the Commissioners Court. "We hereby request that you review the original lease contract in connection wlth the attached instruments and render your opin- ion on the legality thereof. The Commissioners Court feels that there is a great urgency con- cerning this and therefore anything that can be done to expedite your opinion will be great- ly appreciated." In Attorney General's Opinion WW-1074 this office upheld the validity of a lease contract entered into by and between the County of Harris and Houston Sports Association, Inc., stating: f1 . . . it is our opinion that the construction of the stadium in question Is a proper park usage and Is within the author- Honorable Joe Resweber, page 2 (WW-1415) ity of the Commissioners1 Court of Harris County, pursuant to the provisions of Articles 608le and 607ge, Vernon's Civil Statutes." It was further held in Attorney General's Opinion ww-1074: "The contract in question does not seek to have the County become a subscriber to the capital stock of any private corpora- tion nor to make any appropriation or donation to any private corporation nor otherwise loan its credit. On the contrary, the County of Harris is receiving a valuable consideration from the Houston Sports Association and the Houston Sports Association is obligated to carry out the public purpose heretofore stated. It Is, therefore, our opinion that the contract in question does not violate the provisions of Section 3 of Article XI of the Constitution of Texas." An examination of the instruments attached to your request reveals that these instruments will in nowise change the purpose of the original contract as outlined above, nor lend the credit of the County to any private corporation. You are therefore advised that we agree with you that the CommissionersI Court of Harris County is authorized to enter into such agreements. For a discussion of authorities on this question see Attorney General's Opinion ``-1074 (1961). SUMMARY The Commissioners' Court of Harris County Is authorized to enter into the proposed supplement to Lease and Es- crow Agreement relating to the lease con- tract executed by the County of Harris and the Houston Sports Association, Inc., Honorable Joe Resweber, page 3. (w-1415) the validity of which was sustained in Attorney General's Opinion WW-1074. Yours very truly, WILL WILSON Attorney General of Texas JR:ms:zt APPROVED: OPINION COMMITTEE W. V. Geppert, Chairman Cecil Rotsch Henry Braswell Pat Bailey REVIJUED FOR THE ATTORNEY GENERAL BY: Leonard Passmore