Untitled Texas Attorney General Opinion ( 1947 )

AUSTXN.TEXAS
June 30, 1947
Hon. Vernon‘D. Adcock Opinion No. V-282
County Attorney
Dawson.County Re: Authority of Dawson
Lamesa, Texas County to expend money
for the pavement of a-
reas upon the court-
house yard and a relat-
ed matter.
. .
D~earMr. Adcock:
Your request for an opinion of this Depart-
ment is substantially as follows:
*The Court House'in Lamesa is looated
on a, block of land deeded to the bounty for
the consideration of $1.00 about the time
the Original Town of Lamesa was platted and
became the County Seat. This Block of land
.is.square and haswide streets running on
four sides of the Block. These streets per-
mit angle parking on both sides of the street.
During Saturday's ,busy hours, it is difficult
to find parking space within a block of this
Court House Block.
"It has been proposed that the City of
Lamesa and Dawson County, jointly finance
the pavement of areas upon this..Court Yard.
This area has heretofore been kept in grass
and trees and after it is paved, will be open
to~the public as free parking space for cus-
tomers of stores around the Court House square
as well as for those who may have business in
the Court House...
"In the preparation of the budget for the
current year, this was not one ofthe planned.ex-
penditures.
Way Dawson County legally use this ground
as parking space and expend County funds separ-
ately, or jointly with the City, in paving the
:.
:
..’ ;
Hon. Vernon D. Adcock, Page 2 7-282
same? If 90, what County fund, Court House &
Jail; or Road dc Bridge, oould be used for this
purpose.”
Previously, In conformity with your request by
telegram, you were sdvlsed that former opinions of this
Department authorized the County of Dawson to pay its pro-
portionate share of the proposed project, provided it was
properly budgeted.
Generally spesking, a County Commissloners~
Court may exercise only such authority as is oonferred
by the Constitution and statutes of this State. (Art.
V, Sec. 18, Tex. Constitution; Art. 2351, V.C.S.; 11 Tax. .
Jur. p. 563; Bland v. Orr, 39 S.W. (2d) 558; Dobaon v.
‘Marshall, 118 S.W. (2d) 621; and Howard v. Henderson
County, 116 S.W. (2d) 479).
In an opinion numbered O-6146, dated November
13, 1944, this Department stated:
“With reference to your ‘quest ion regarding
the paving of all the streets around the Court
House and the payment for such improvement. you
are advised that it Is our opinion that *by vlr-
tue of Artiole 1082, the County being the owner
of the Court House property, would under this
Artiole, have’ authority to defray its proportion-
ate part of coats of street lmprovementa.~ It is
our further opinion that the Commissioners* Court
has the legal authority to pave and pay for any
portion of the streets around the’court House
where such streeta constitute a part of the Coun-
ty road system, whether such streets are a part
of the Court House property or are owned by others
than the County.*
In Opinion No. 2033, Report of Attorney Gen-
era1 1918-1920, page 117, the A.ttorney General stated:
” . . . I would therefore adviae you
that the County Coimisaioners may . . .
pay the entire cost of the pavements of
such portions of the court house square
within an incorporated town or city as
are used for highway purposes. . .*
In the case of Dodaon v. Marshall, 118 S.W.
(2d)621, Justice
- _- Alexander, speaking for the Court,
. .
Hon. Vernon D. Adcock, Page 3 V-282
"The Constitution, art. 5, sec. 18,
Vernon's Ann. St; Const. art. 5 6 18,
provides: '* * * The county commission-
ers so chosen, with the county judge, as
presiding officer, shall compose the Coun-
ty Commissioners Court, which shall exer-
cise such powers and jurisdiction over
all county business, 8s is conferred by
this Constitution and the laws of the.
State, or as may be hereafter prescribed.'
n . . . The duty to provide a court-
house includes the obligation to furnish
same with suitable and necessary equip-
ment. This is not limited to the bare
necessities for carrying on county bus-
96 S.W.
2a 537, pars. V-9; Tarrant County v.
Sghannoz, Tex. Sup.;lO4.S. W. 28 4, par.
. . .
Inasmuch sa you were previously advised that
*the ~expesditure:would be authorized if properly budgeted,
it willbe notedthat if such expenditure was not set up
in the original budget, it must now be predicated upon
facts constituting it a case of "grave public necessity
to meet unusual and unforeseen conditions which could not,
by reasonably diligent thought and attention, have been
included in the original budget." (Art. 689a-11, V.C.S.)
It is within the discretion of the Commissioners' Court
.to determine whether a situation exists as would author-
ize.an amendment to the budget to allow the expenditure
in question. Therefore, it is the opinion of thj.s .Depart-
ment that areas on the courthouse yard may be used.for'f
parking purposes by Dawson County and that the couiity may
pay for the cost of paving the same. If such parking a-
reas do not constitute a pert Of the street but actually
Hon. Vernon D. Adcock, Page 4 Y-282
comprise a part of the court house yard, such expenditur
if properly budgeted, could be paid from the court house
fund of the Permsnent Improvement Fund of such county.
However, if the facts are such that this project amounts
to a widening of the existing streats, and if such atree
are portions of the designated or establis.hed county roe’
system, then the expenditure could be made from the Coun
ty Road and Bridge PoundB severslly or jointly, with the
City or Lameaa.
Dawaon County may use certain areas on
the courthouse yard for parking purposes and
the county may pay for the cost of paving the
aame. If such parking areas do not constitute
a~psrt of the street but actually comprise a
part of the oourthouse yard, such expenditure,
if properly budgeted, could be paid from the
courthouse fund of the Permanent Improvement
Fund of suoh county. However,~ if the raots
are such that this project amounts to a wlden-
ing of the existing streets, and if such streets
are portions of the designated or established
county road syatem, then the expenditure could
.
be made from the county road and bridge fund,
severally or jointly, with the City of Lameaa.
Very truly yours,
ATTORNEY
GENERALOF TEXAS
BY-~-
Burnell Waldrep
Assistant
APPROVID
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ATTORNEYGENERAL
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