Untitled Texas Attorney General Opinion ( 1945 )

Hon. Reagan S. Wyche Opinion No. O-6473
County Auditor Re: Does the Commissioners’ Court
Gregg County of Gregg Count have the authority
Longview, Texas under Section 2: Article 2368a, to
issue time warr&s for the con-
struction of an administration build-
ing for the County Airport,, or would
it have to hold an e.lection as pre-
scribed in Article 701, Revised Civil
Dear Sir: Statutes?
We are in receipt of your request for an opinion
reading as follows:
“Gregg Country owns an Airport. It is propose~d
that the Commissioners 1 Court construct an Adminis-
tration Building, financing the construction by the
issuance of Time Warrants.
“Section 2 of Article 2368a, (Acts, 1931, 42nd
Leg., page 269, chapter 163) provides in part as fol-
lows:
tt’No county acting through its Commissioners’
Court, and no ‘city in this State, shall hereafter
make or enter into any contract or agreement for the
construction of any public building or the prosecu-
tion and completion of any public w&k re uiring or
authorizing any expenditure in excess of iI2,000 .oo )
creating or imposing an obligation or liability of
any nature or character upon such county, or any sub-
division of such county, or upon such city, without
first submitting such proposed contract or agreement
to competitive bids. a . .I
“Section 3 provides as follows:
litWhen it shall be the intention of the Commis-
sioners* Court, or of the governing body, to issue
time warrants for the payment of all or any part of
the proposed contract, the notice to bidders required
under Section 2 of this Act shall recite that fact,
setting out the maximumamount of the proposed time
Hon. Reagan S. Wyche, page 2
warrant indebtedness, the rate of interest
such time warrants are to bear, and the naxi-
mummaturity date thereof.1
‘!Section 4 provides for a referendum on
petition by ten per cent of the qualified voters
of the County whose names appear on the last ap-
proved tax rolls as property tax payers,and then,
the concluding paragraph of Section 4 provides as
follows:
“IIf such petition is not so filed with the
County Clerk then the Commissioners1 Court or the
governing bo 4y may proceed with the final award of
the contract and with the issuance of said war-
rants, but in the absence of such petition, the Com-
missioners’ Court or governing body may at its dis-
cretion also submit such question to a vote of the
people.’
“Section 2(a) of Article 1269h (as amended)
(Acts, 1941, 47th Leg., page 1345, chapter 609, Sec.
1) provides as follows:
l’tFor the purpose of condemning or purchasing,
either or both, lands to be used and maintained as
provided in Section 1 hereof, and improving and
equipping the same for such use, the governing body
of any city or the Commissioners Court of any couu-
ty, falling within the terms of such Section, may
issue negotiable bonds of the city or of the county,
as the case may be, and levy taxes to provide for
the interest and sinking funds of any such bonds and
levy and collection of such taxes to be exercised in
accordance with the provisions of Chapter 1 of Title
22 of the Revised Civil Statutes of 1925. t
“Article 701 being a part of Chapter 1 of Title
22, referred to a !Iove, provides as follows:
“‘The bonds of a County or an incorporated city
or town shall never be issued for any purpose unless
a proposition for the issuance of such bonds shall
have been first submitted to the qualified voters who
are property tax payers of such county, city, or town.’
Hon. Reagan S. Wyohe, page 3
"QUESTION: Does the Commissioners Court of Gregg
County have the authority under Section 4 of Article 2368a,
quoted above, to issue Time Warrants for the construction of
an administration building for the County Airport, or would it
have to hold an election as prescribed in Article 7011"
In our opinion No. O-4357, we said:
"It is a well established rule of law in this
State that a county, subject to the express restric-
tions imposed by the Constitution and general laws,
has the implied power to issue time warrants in pay-
ment for improvements it is expressly authorized to
construct, provided the applicable regulations relat-
ing to the issuance of such warrants are observed.
San Patricia County v. McClane, 58 Tex. 243. Lasiter
v. Lopez, 217 S.W. 373; Adams v. McGill, 14b S.W. (2a)
332."
Section 1, Article 1269h, authorizes Commissioners'
Courts to "acquire, maintain and operate" tracts of lands within
the limits of the county as an airport.
Section 2 of Article 126911 authorizes the issuance
of bonds for the purpose of condemning or purchasing lands and
improving and equipping the same for such use. The construction
of an Administration building is a necessary part of the equip-
ment of an airport.
Article 2368a provides the necessary procedure for
the issuance of time warrants, and by following the provisions
thereof, Gregg County may issue time warrants to construct the
building mentioned by you.
Of course the County may issue bonds if their issu-
ance is authorized t,y the qualified property taxpayers at an
election held as provided in Chapter 1, Title 22, Revised Stat-
utes.
The tax to support either bonds or warrants must be
levied out of the twenty-five cent tax authorized for permanent
improvements, and must be levied at the time the debt is created.
APPROVED MAR27, 1946 Yours very truly
/s/ Grover Sellers ATTORNEY GENERALOF TEXAS
ATTORNEY GENERAL OF TEXAS By /s/ C. F. Gibson
APPROVED:OPINIONCOMMITTEE C. F. Gibson, Assistant
BY: BWB, CHAIRMAN
CFG:EP:wb