OFFICE OF THE ATTORNEY GENERAL OF TEXAS AUSTIN *“Owl) smm.=n= A,TIel”**Q=**mAL &norable C. J. Wilde County Auditcr, liueOe@ CoUnty Corpus ChristI, Texas Dear Sir: sewer lines from lnts to the proposeu wer line o? the oity- requesting the opinion therein read*, In part, ogether with the City lmant to oonatruot an4 In aooordanoe with the conetructldn oosts or the hoapltal the thoroughfaresaurroun4lng the r, an4 the drainage of said hospital grOUIldS. In order to carry ori the drainage water rrom said hospital grounds, it becomes neoesrary to extend a etorn sewer line some 4,700 feet In order to connect with another sewer line. “We reel that we are within our legal rights ror the expenditureof money to participate in the oon- struction or the line should there be no other line oonneotingto the sai6.4,700 root line. In*a4 of oon- etruotlng a line which would carry not only the surface water rrom the hospital grounds proper but which would also allow for the aomeotlon of another line to this particular line, the Clty of Corpus Christ1 agrees to take care of any expendituresover and above the neces- sary oosts of the 36" line, rsplaoing a certain number or feet.with 42, 48, an4 54 inch llnea in or4er to carry a larger volume of water. *Coulb Huecer County legally expend any monies ror the oonstruotion of this line ii the City contemplate4 oonneotlngsewer llnrs from other points to the said 4,700 foot line? * * *" Fe have caretully oonsldered Chapter 5, Title 71, Per- non's Annotate4 Civil Statutea, house Bill IJo.051, AOte OS the .@th Legislature,Regular Session, 1943, (Art1014 44941, Q. A. C. 5.) and >rtlole 4418f, Qernonfs Annotated Civil Statutes, in eonneotionwith your request. In view of the foregoing rtatutes, It im our opinion, that the county la legally authorhe to spend oounty funds for the aonstruotfonor the storm sewer line mentioned In vcur letter. Provided,of oourse, euoh expenditureis authorire By the county The fact that the City of Corpue Christ1 desires to con- struot a storm sewer line of laripr dimensions than require4 by the hospital an4 pay for all an4 any expendituresover an4 above the necessary cost8 of the line required by the horpital in order that they may oonneot another line with the line to bs oonstructed, in no way lmpalrs the right of the county to pay its proportionate part on the line or the size neoesstsry for the hospital. Stated anotherway, the oost or expenditure of the oounty would be the same in either oass. Therefore, we respeotfullyanswer the above st&ed question in the arrirmatfve. It is to be understood that this opinion applies only to the above state4 facts. Yours very truly A'i"I'ORt?EY GIQVCRALOF l'XA;J BY e&L *,rdellkllliams ~assiatant APPROVED ‘\ OPrNmN COMMITTEE ‘1 @%!sY I c