Untitled Texas Attorney General Opinion ( 1946 )

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Honorable R. F, Bobinson '. ': ~' .."
thmty At+n?y
ltillaoy County .,
Raymcndville,~T&xaa -~ : .. : : ~.
Dear Gil-r
Opinion ‘No; 0+7i9i .:., :. .:.
'; :,Ret‘.lYlay 9 Citywhich..had a.population of
lese~than ~6.q +odovding:to the-last
" Fede~l..Cnnbus levy'rrtax for tht3
':~oumt yoa+.df +ey ,thim.l~&'onthe
ume?le’~p~opbrty bf 6ease, supra, wae followed Ln a letter opinion written
by Assistant Attorney GeneraIDeonard, $ing.,-datedOctober 22, 1935, (Voi.
367, p. 979, Letters of Attorney General) which opinion construed the
same statute as was construed int,he..Cityof Tyler case and said: "In
enswer to your second question you ars advised~that the Courts of this
State have held that it is not neoessary to acoept the yederal Census in
arriving at the oorrect population of~a City, butto the,oontrary, have
held that the population of a oity should be determined at the time the
proposed ordinance is passed by the gove.rningboard of a city . . . It
is therefore olear thata city may determine.by census 'orotherwise the
population of a city for the purposs of enaoting an ordinance fixing the
rate to be oharged for light'and 'power."
Honorable R. F. Robinson, Page 3 O-7392
In Bell v. Kirkland, 41 S. V., 2d 443, error refused, certain partirs
opposing the formation of a rural high school district raised a cuestion
as to the scholastic population of a school district, TheCourt held that the
statute imposed the d*ity of determining such soholastio population upon
the County Judge or the County School Trustees, end, in the absence of
fraud, suoh fact was not open to controversy.
Also in line 75th the ebm aUthOritie8, see 30 Teei.&ar. 103.
Under the facts outlined by you, viethink ‘t” above authorities justify
the conclusion that the city in question is governed by the terms of
Artiole 1028, R. S., and Fe aooordingly answer'yowquestion in the affirma- .
tive,
7% &sire to thank you'for the'vory helpfulbrief of the ,questionenclosed
in your letter of ~inquiry.
,
Ycurs very truly.