Untitled Texas Attorney General Opinion ( 1960 )

WiWi WILSON A-GRNEY GENERAL December 16, 1960 Honorable Shelby H. Blaydes Opinion No. WW-973 District Attorney County of Pecos Rez Discretion of Commis- Fort Stockton, Texas sioners' Court in calling bona election Dear Sir: under Art.4478, V.C.S. You have requested our opinion on these questions: "(1) Does the Commissioners Court of Pecos County, Texas, have any discre- tion in the matter of whether or not to call an election on the proposition as set forth in a petition for an elec- tion, a true copy of which (other than signatures) is attached hereto as Br- hibit 'A' and made a part hereof, if the petition meets all the requirements as set forth in Article 447&,R.C.S. "(2) When a County has in operation one or more county hoepitals, and when the Commissioners Court of said County is presented with a petition drawn under Article 4478 calling for the purchase by said County of an additional hospital facility, and the petition as presented is in compliance with all of the provi- sions of Article 4470, must the Commis- sioners Court call an election for the purpose of purchasing the additional facility called for in such petition for hospital purposes, or does the Commis- sioners Court have any discretion in the matter under Artide 4490, R.C.S. of wbe- ther or not to call an election on the L--/ Honorable Shelby H. Blaydes, page 2 (ww-973) proposition set forth in the petition resulting in a bond election to be held by said County." Attached to your request is a copy of a "Petition for a County Hospital Bona Election" which was duly presented to the Commissioners' Court whereby the Commissioners' Court is requested to submit the following proposition: "SHALL the Commissioners' Court of Pecos County, Texas, be authorized to issue the bonds of said County in the total principal amount of NINETY SEVEn THOUSAND DOLLARS ($97,000.00), to mature serially within any given number of years not to exceed TWENTY (20) years from the date thereof, and to bear interest at a rate not to exceed FIVE PER C%NTUM (5%) per annum, payable annually or semi-annually: and to levy ad valorem taxes suffi- cient to pay the interest on said bonds and to create a sinking fund to pay the principal thereof at ma- turity, for the purpose of purchas- ing, improving, altering and repair- ing an existing building in the City of Fort Stockton, Texas, known as GIPSON HOSPITAL and located upon the following described realty in Pecos County, Texas, to-wit% Lots 2 through 10, in Block 20: and the West 63' of Lot 11, in Block 20: and the North 22' of the %ast 75' of Lot 11, in Block 20: and the East l/2 of Lots 1 and 3, in Block 20; and Lots 9, 10 and 11, in Block 28, all lo- cated in the OLD FORT ADDITION Honorable Shelby Ii. Blaydes, page 3(WW-973) to the City of Fort Stockton, Pecos County, Texas, together with all improvements located thereon. Said builaing and said premises to be used as an additional hospital building and for all necessary permanent improve- ments in connection thereWtb, pursuant to authority conferred by the Constitu- tion and laws of the State of Texas, particularly Section 9 of Article 8, of the Constitution, and Chapter 1, Title 22 and Chapter 5, Title 71, Revised Civil Statutes of 1925, as amended?" You also state as follows2 I . . . Pecos County currently owns two hospitals of a total capacity of 50 beds. One, a hospital of 32 beds, is located in Fort Stockton. The other, a hospital of 18 beds, is located in Iraan. . . .* Article 4478, V.C.S., is in part as follows: *The Commissioners~ Court of any county shall have power to estab- lish a county hospital and to en- large any existing hospitals for the care and treatment of persons suffering from any illness, diseaae or injury, subject to the provisions of this chapter. At intervals of not less than twelve months, ten per cent of the qualified property tax paying voters of a county mav petition such court to Provide for the establishing or enlarsing of a county hospital,.$n'~ whiah:~;~,event:..said court ~.wLthin'the ~ti@ Honorable Shelby I-L Blaydes, page 4 (WW-973) designated in such petition shall sub- mit to such voters at a special or regular election the proposition of issuing bonds in such aggregate amount as may be designated in said petition for the establishinq or enlarqinq of such hospital. . I em (Emphasis added) The underlined language of this statute clearly contemplates that the qualified property taxpaying voters of a county may petition the Commissioners* Court I(. . . to provide for the establishing or enlarging of a county hospital, . . ." The proposition contained in the petition here presented to the Commissioners' Court goes beyond these purposes in that it specifically describes by metes and bounds the property to be acquired. The statute does not authorize the petitioners to name the site or location of the proposed facili.ty and this remains a matter to be determined by the Commissioners' Court in the exercise of its sound discretion. In answer to your first question It is our opinion that it is not mandatory that the Commissioners ' Court call an election upon this petition but it may a0 SO if it SO desires, providing the petition is properly executed by the requisite number of qualified persons. Your second question I.6hypo,tbetical because the Commission- ers ' Court has not been presented with a petition other than that discussed above. We regret that we may not pass upon hypothetical situations. If in the future the Commissioners' Court should be pr@sented with another petition we shall be glad to examine a copy and render an opinion. SUMMARY The petition presented goes beyond the purposes set out in Article 4470, V.C.S., and it is not mandatory that Honorable Shelby i-I. Blaydes. page 5 (m-973) the Commissioners' Court call an election, although it may a0 so. Very truly yours, WILL WILSON era1 of Texas IiWM-S Assistant APPROVED: OPINION COMMITTEE W. V. Geppert, Chairman Gordon C. Cass Tom FlcFarling Martin DeStefano Jerry II. Roberts REVIEWED FOR THEATTORNEYGEWRML By: Leonard Passmore