Filed Date: 8/19/1971
Status: Precedential
Modified Date: 7/6/2016
STATE MONIES — USE ON MAINTENANCE OF MUNICIPAL STREETS Monies received from the State for specific use for mail or school bus routes may be used to construct, improve, maintain or repair said routes in municipalities of less than five thousand (5,000) population. Other monies received from the State and by the County from ad valorem taxes may not be used to construct, improve, maintain, or repair streets in municipalities unless such street is a lane or continuation of the County Highway System. The Attorney General has had under consideration your request for an opinion wherein you ask in substance the following questions: 1. "May the County, from monies received from the State, maintain the mail and school bus routes within the corporate limits of an incorporated municipality with a population under 2,500?" 2. "May any part of the County tax money collected from ad valorem taxes be used for the repair of streets (mail or school routes or otherwise) inside the municipal limits of an incorporated town with a population under 2,500?" 3. "What effect does Title 11 O.S. 117.2 [11-117.2] have other than allowing the Commissioners to do the work if said work is paid for by the municipalities?" 4. "Must the rest of the statute necessarily be ineffectual since no funds are provided to activate the same?" To answer the first question, we must first see what monies the County receives from the State, and then determine what restrictions, if any, exist concerning the spending of the monies. Attorney General's Opinion No. 63-159, which Opinion you refer to in your letter, sets forth the sources of revenue from various sources that go to the Counties for highway purposes. Attorney General's Opinion No. 71-172, also itemizes the sources of these revenues. Enclosed is a copy of this second Opinion. There would be no purpose in itemizing again these sources in this opinion. The statutes involved all specify that these monies are to go to the County Highway Fund. The use of these funds are limited to use on the County highways and bridges and some are further limited to mail or school bus routes. The only other funds that go from the State to counties are for school purposes. Concerning the County Highway Funds that are not limited to mail or school bus routes, we must next determine if there are any restrictions to using these funds on the streets or roads and cities under 2,500 population. Referring again to Opinion No. 63-159, this Opinion held in its answer to the first question in that Opinion that the County Commissioners may not maintain the roads and streets within the corporate limits of the city or town except to the extent that such roads or streets constitute a continuation of the county highway system. This same Opinion held in its answer to the second question in that Opinion that the County Commissioners cannot lawfully use the funds appropriated to the counties to construct or maintain roads of a municipality. The County Commissioners may, however, by agreement with the governing board of the municipality, perform such services if the municipality appropriates its own funds for the purpose. In essence, this Opinion held that the only occasions a County could construct or maintain streets in a municipality is when: "(a) The street is a link or continuation of the county highway system; or "(b) When the county agreed with the municipality to construct or maintain the streets of the municipality at the expense of the municipality." (This is limited to municipalities under 2,500 population). The Attorney General concurs with Opinion No. 63-159, and goes on further to say that the State funds not limited to mail or school bus routes cannot be used for mail or school bus routes because to hold otherwise would allow circumvention of the legal restrictions on these funds. With reference to State monies sent to the counties for mail or school bus routes, these monies are clearly restricted for such uses. Referring again to Opinion No. 63-159, this Opinion held that the County Commissioners may use funds allotted under the Special Fuel Use Tax to surface and resurface roads designated as school bus routes and/or mail routes which lie within the limits of an incorporated town of less than 5,000 population. The Attorney General concurs with Opinion No. 63-159 in this regard also. Concerning the next question, there is authority for allocating monies from ad valorem tax levies to the County Highway Fund. Title 69 O.S. 1503 [