‘. OFFICE OFTHE ATTORNEYGENERAL OFTEXAS AUSTIN i P site and eroot . milt of the Comty en[? pay for sme out ol' the Per- Dailent hprOVcea!lt Of tk3 COtillty? i?UEdG “3. Does the Cozzissionern Court of IIill . Co&tg have tho authority to purchme a building site and erect thereon a v:nre!louse to bc used by tho Road ani; kid,-8 Dcpsrtr:ent ~1% pay~for 84120 Out Of the ?cm.a:lent Irqmovel?.ont &ml of the Couoty? . Hon. T. X. Wilkinson, page 2 “4. Where the Cozmissioncrs Court heve leased . ‘~a building site and plaoed a building thereon, sams beiw paid out of the Roed tc Bridge Fund, can the Road k Rridge Fund be reimbursed out of the Permanent Improvement Fund? #If the snswers to the above listed questions are in the affirretive-(a) can these warehouses be located in the different Commissioners* Precincts, - (b) in purchasing, or leasing building sites and placing buildings thereon wuld the Cormzissioners Court be required to advertise for bids?” Section 9 of Article 0 of the Texas Constitution reads as +r0ii05``8: “The ~&tte ~tax on property, exclusive of the ttk necessary to pay the public debt, ad of the taxes provided for the benefit of the publio free schools, shall never exceed thirty-five cents on the .one hundred dollars valuation; and no county, city or town shsll levy more then twenty-five cents for city ‘or county purposes; and not exceedins fifteen cents for rosds chid bridges, and not exceeding fif- .: teen cents to pay jurors, on the ona hundred dollars valustion, except for the psyment of debts incurred prior to the adoption 01 the amendment September 22&h, 1063; end for the ereotion of public buildin@, streets, sewers, water works end other permanent improvements , not to exceed tylenty-five cents on the .~ one hundred dollars valuation, in eny ono year, and except as is in this Constitution otherwise provided; and the Legislature may also authorize an additional annual ad valorem tax to be levied and collected for the furthor naintenance of the public roads; provided, that a.majority of the qualified property tex-paying voters of the county voting st an election to be held for that purpose shall vote CUC!Itax, not to exceed fifteen cents on the one hundred dollars vnluation of the prop-arty subject to tnxation in such county. And the Lcgisla.ture m::y pass locnl 1~8;s for the raintenaocs of the public ro,-,ds and hi&ways, without the local notice required for cpocial or local lENs, ” - . . I . Bon,. T. K, Wilkinson, page 3 . Article 2351, Vernon’s Annotate& Civil Statutes, setting forth the powers and duties of the commissicners* court, reads in part aa follov~s: ‘7. Provide and keep in repair county houses, jailswand all necessary publio buildings, . l l Article.2352, Vernon’s Annotated Civil Statutes, referring $0. the comission~rs~ court, reads as follows: %aia court shall hsve the power to levy and oollect a. tax for county purposes, not to ex- seed tvronty-~five cents on the ona hundred dollars valuation, and a tax not to exceea fiftaon cents on the one ,hundred dollars valuation to supplerant .the jury fund of the county, and not to ezaeed Sifteen Cents for roaan and bridges on the. one hundred dollars valuation, except for the payment of debts incurred prior to the adoption of the amendment of the, Constitution, September 25, A. D.~ :lSS3, and for the erection of public buildings, strests, sewers, water works snd other permanent , .rfmi)rovem.ents, not :to~. exceed turonty-five, 0e;lt.s on .the on* huMred dollars vnluntion in any ona year, and except a$ in the Constitution othemlse provided. . ,,. They may’levy.an additional tax for road purDosss not to exceed fifteen oonts on th.e one hundred dollar valuation of the propu.rty.,subjsot to taxa- *ion, under the limitations aud in the mmer pro- yided for in Article El, &XZ. 9, of the Constitution and in pursuance of the l+wrs ,relating thereto.” ‘In TsxssJurispru&p&, Yol.‘i4, psges 2 and 8, it is. * statoq: n:‘.Public DuildLngs’ is d tern ordinarily used to desiGnate such structures as the ohpitol In the capitol grouncls at Austin, including. the executive ffiansion, tke various stat0 tisylum, oollc+~;s or university buildings croeted by the Stats, tiourthouses tncl jails and other buildings held for publio us8 by any de,9artment or brawl: of govornmez~t, Lt?ts, county or nunlcipal, . . . I Ron. T. K. ~iilkinson,~ page 4 . . And say other building would aaezt to coae v&thin y this definition provided it is properly shown - that it is ov.Ted or controlled aud held by public authorities for public use, . .” In oompllence xith your request, WC era enclosing. here- with a copy, of our opinion ?!c-. O-1047. You will note that &rrison Couatg has a special county rocd end bridge law and that there are mny facts pressuted in the letter requesticg an opinion of this Dspertm-it In opinion 20. O-1647, which are not presented in your letter of lnqulry. %hether or cot sold opinion applies to Xi11 Cowty depafids u2on the part& cular facts, acd if the fe.cts are ths sam, Opinion ‘170. O-164$ would be applicable to Rill Couutg. The above. quoted provisions of the Constitution end Statutes authorize the cormissioners~ court to build and re- pair public buildings., and the: term *public builgings” is broad enou& to include a naretiouoe 01 werehouses oxned amI used ex.clusiVely by the county for the pu.vposes above. mention- ed. It is stated ir Coxpw Juris tiecundum, Vol. 20, &age 996: *Xt is v&thin the po?iers and duties of tho *’ oounty to ereot, fumish, and repair necessary public county bulldirzs aad offices. The author- ity to proviqo, con3truct, kprove, raalr:tain, fur- nish and repair oourfhouseo, jails, and othar public aomty buildinga may tre vested in the county OOZI- missioners of the cotxty, or t&e county court or a jucl@ thereof, or the physical court, or other official body.” ,$ county rcay aoquirc land by deed, or expropriaticn; kd .-by irrticlo 32G4a, Vemon’s Ranotated Civil Statutes, Iike right of cninent domain is conforrod upon counties of the State of Texas for the purpose of condoming and acr,uiring lnnd, i*I&t-of-viny 01’ easezcnt in laad, private OS publio, except property used for ocxetery pur9ooe8, where said la%?, ri&t- of-way or ecsexent is noccsoary in ocne.:ruction.oP Jails, oourthou~es, hospitals, .deli:queut aad de?cnde!lt sohools, poor farzs, libraries or for other public purpof~eo, %here suc!l pur- pose is no.~ or my h?reeftcr be authorized by t!;e Cosstitution or 3tututes of this 5tat.o. A county hos the pc;ier .to enter into . * . ~0x1. T. G, Ulkinson, page 5 a lease acb to becona a~ tenant OP real estate v&en the use . thereor is needed to carry out eny or its ecknoeledged .pw;ers and~purpoocs, and ths question as to ths neoassitjr of leasirg suoh apace is within the judment and discretion or tie COD missioners1 court. (Corpus Juris Eeaunam, vol. -20, pa60 1002). Pie allmrer your second aa thlra questions es r0n0x6: The oormlssioners~ court of hill County has the legal authority to lease or purchase a buildi= site and erect a warehouoe to bo used by the road and bridge departriant of the county and pay for the saw out or the permnent iraprovernent funds or the county, provided a tax is levied eha collcctea for the per- xcanent IEprovezent fund to be used for such purposes, prcviaea further that such leaf doos 6ot exceed the statutory aoa GOC- stitutional limitations. In regly to your forth question you are advised that the cotissioners*~ court does not have the legal authority to _ * reizburse the road and bridge fund out of tho pemanect tiprove- me&t fund uihera the cox?dssioners~ court has leased a buildirg site and plaoed a building thereon wherra the sam has bcex paid out of“the road and bridge fund. (Carroll v. i#illirnS, 202 S,%, 504; Comissioncro* Court of iiendereon Couuty ve. hurka, 262 S.;i;. 941, The permanent improvemsnt rluld aha the road and bridge fund ars constitutional funae, and the oomi.ssionersl court has riot po%:er to transfer ‘ooney from one fund to another. With roterence to your last quootioh, it is OUT opinion thnt it is Fithin thi+ discretion of the com$osionare’ court v:hether or not a Warehouse is heeded for each co:zlosioneti precinot, and. the said court can deter&no the Location of said warehouse or warehouses. Iu purohasice or Leasine building sites and placing buildings thereon, the co!Stission3rO’ CGurt would be required to advertis, 0 rcr bids an required. by Article 22&a, liorhon’o Anuotatcd Civil St.stutcs, F:f;en the co?Mssioners’ court enters into a&y contract or a~racrei-it for the ccustruc- tlon of ey public building or tho prosecutfon and cos?letion of any pu.blic ?lorJi requirlog or authorizing my expenditure in excess or $2,000.00. Trusting that the foregoing ruliy afim3r3 your inquiry, we are Yours very truly XTTOGZY 0:.ZR!,L OF TZXzj.9