Untitled Texas Attorney General Opinion ( 1952 )

GENERAL I May 14, 1952 Hon. Conard,@orenoe Opinion No. V-1456 County Attorney Smith County Re: Legality of using County Tyler, Texae Permanent Improvement I Funds to erect a liv& etoc,kbuilding at East Texas Fair grounds on land owned by the City Dear Sir: of Tyler. Xqu ~havs reques,tedan opinion of this of- fice In uhlq,$you ask: "1.. Can Smith County expend monies from its Permanent ~Improvement~Fund to erect a llyestock barn at the East Texas Fairgr+apds,.ln view of the fact that the Ceunty~'d,pes not own the grounds Tn Tee simple ~title?" You state that Smith County 1~ contemplat- ing building a livestock barn at the East Texas Fair Qrounds. The laid onwhlch the,build$ng Is ~to be erected belongs',%?the City of 'Tyler'and 1s now leased hy the ql.ty.fothe East Tex.as.FairAssociation. The, .ment with the City bf,Tyler whereby the city will fur- nish the,site In questlon,and the c.ounty will erect the building thereon. ~Articile 23726, V.C.S., provides In part: ``. "Se&Ion .Jc A~l,,~.ountle.a I’, in the State :Wing~bji &d'through,,thelr~resp6ctive~Com- mlesloners!~,Court~may ,provld& for annual exhibiti '6f,ho,ti$ioult&land~'agrlcultura1 product?, Jlvestock'and mineral products, and such'other products as are of Interest trythe oommunity. In connection therewith, such counties may also establish and maln- taln museums, Including the erection of the Hon. Conard Florence, page 2 (v-1456) necessary buildings and other improvements, in their own counties or In any other coun- ty or city In the United States, where fairs or expositions are being held. 11 . . . "Sec. 3. All Incorporated cities . . . may cooperate with the Commissioners' Courts of such counties for the purposes stated In Section 1, and Section 2 of this Act and ap- propriate monies in providing for such exhib- its, establishing and maintaining such museums, and in the erection of such buildings and lm- provements, and the assembling, erecting and maintaining of such horticultural, agrlcul- tural, livestock and mineral exhibits." Section 1 authorizes counties to construct buildings and other permanent Improvements for ,exhlb- Its of horticulture. anrlculture. livestock. and v. McGlil 146 S.W:2d 332 idaiiis ``EY,'``~4``~"ig~l, error ref.).' Section 3 authorizes Incorporated cities to cooperate with counties In making such Improvements. We assume of course that In this cooperatlve!undertak- lng the city will retain a voice In the use and manage- ment of the property. Therefore, we believe the county and city may work together In making such Improvements In any manner they may choose so long as the plan adopt- ed Is not in violation of any constitutional provision. If they find that for .the city to furnish the site and for the county to erect the building Is the best method In accomplishing the.purpose authorized by ,the statute, we believe this method Is authorized and may be fol- lowed. Although Section 52 of Article III of the Con- stltutldn of Texas prohibits counties from making any grants or lending their crt?dltto any city, we do not believe these provisions have any application to this type of undertaking. This Is not a donation to the city but Is for the benefit of all the people of the county and therefore these pro,vlslonsin the Constltu- tlon do not militate against It. It Is therefore our opinion that Smith County may expend monies from Its permanent Improvement fund to erect a livestock barn for annual exhibitions of livestock on land owned by the City of Tyler pursuant to an agreement whereby the city agrees to furnish the site Hon. Conard Florence, page 3 (V-1456) and the county 'agreesto erect the building. Art. 2372d, V.C.S. We assume that the b,ulldingwill cost $2000 or more. Section 2 offez%.cle 2368a,, V.C.S., provides In part that: "NO county, acting through Its Commls- sloners Court, and no city In this State shall hereafter make any contract calling for or requiring the expenditure or payment of Two Thousand ($2,000~.00)Dollars or more out of any fund or funds of any city or county or subdivision of any county creat- ing or Imposing an obligation or llablllty of any nature or character upon such county or any subdlvlslon o,fsuch county, or upon such city, without first submitting such proposed contract-to competitive bids. . . .' Artic~le2372d specifically provides that the provi~sionsof Article 2368a are not repealed by Its pro- visions. Therefore, In connection with your request we call your attention to the fact that the county In letting the contract for the building must submit It to,competitive bids. SUMMARY Smith County may expend monies from Its permanent Improvement fund to erect a llve- stock barn for annual exhibitions of llve- stock on land owned by th,eCity of Tyler pur- suant to an agreement whereby the city agrees to furnish the site and the county agrees to erect the building. Art. 2372d, V.C.S. Yours very truly, AP.PF@VJ$D: PRICE,DANIEL Attorney General J. C. Davis, Jr. ,,~C~qunty~AffalrsDivision .' >, ~Mary K. Wall ,``; BY Reviewing Assistant ruce 4-k Allen Assistant Charles D. Mathews First Assistant BA:mh