.*, 45 OFFlCeOFTHEA7TORNtZY GENERALOFT- AUSTIN Ronorabl~C. BurttPotter ouuntyAttorney Sintan,Texas DeErala-r oplaloax0. o-3609 Rat valiaityOf a@xwRent betwwm Xntcm an4 Son FatrlOlOcount (ionaiocI tetloa an4 :&afaaetiba Diatrlot 8b. 1 for co- operatlvofloodcunl;roL Hon. C. Burtt Potter - Page 2 and any damages that might arise and auoh portion of oost 0r maintenanoe of euoh ditah Jointly used. 1. Can the city and Drainage District enter Into suoh contraot. 2. Under H. B, 181 is there any provlalon for the proposed pro-rata maintenanae funds upon which the District may rely. 3. Can two independent political sub- divisions of the State enter Into a Joint pro- Jeot and bear aoste on a pro rata basis. 4. Must eaoh politioal subdivision stand ..... .' : ,.and 'oper&t,ts sepw3tely; !.: ... :.. . (..,._ .; ~..,' .: ,. '.: I, IJouaeBill. 181,46thLeglalatuPe,’ granted t;o:,z:``~:‘``,. the'city of Sinton three-ninths oftt&k net amount ,si the : State dad vixl?r$,mtaxes oolleoted 'A.ri @ah Patti,l+oCorUltg:'~..,:I ~'.fora period of twenty years. Sdo. .6'of aa1d.H. B;-181 ,.'. providea .in part! *The moneys herein and-hereby granted anU - donated to the City of Sinton are deolared to be truet funds for the purpose of aiding the City of Binton in paylng the Interest upollend prinolpal or, and providing @king funa ior `` paymeht~thereof, bonds heN%ofore or hereafter:"'~.~ i86u6d,,the primee&~ef'wh~6h bond6 were to be'~' or 'iweto be wed .+xolu6ively'QIoO?IlltrUOting FIaRltary'~and atarp! systems by drainage levee, and oanal conatruotlon, including ditohes, breakwaters, bridge rtruo+ree and other pre- teotions in, along, or draining into Chiltipin Creek, and to bulld bridges and passage6 8~3re66 ilfUJIe,~&XId e.Ryother nseeeaary drainage 6y6t6Blti ,; ana proteot&me in oraer that:eaid city hay be remove& frum oalamltoue overflowa and the dangerouhiunsanitary oondition resulting rmm euah``verflona and for the purpose of aiding the City of Blnton in paying the lntereat upon any principal of, and providing sinking fund ,-*, ‘. : ,,-: . :, Hon. %;i,BurttPotter - Page 3 . for payment thereof of bonds heretofore or hereafter issued to refund any bonds as have been or are 80 issued. . .* We will consider your third questlon first. While such question is a general one, we presume that when you.say "two independent political subdlvisIonsU you mean the City of SInton and the San Patriolo County Conservation & Reolamation District, and that the *Joint project H mentioned by you Is the one proposed by these two particular political bodies. If the proposed system of ditches would tend to ac- complish any of the purposes set out in Seo. 6 of House Bill 181, then the proceeds of any bonds mentioned In said Seotlon 6 may be ueed on the prodeat, notwlthetanding it may be a .joint.one oontrlbut+ to'by ,ce Conservation & ILeolamation,,. .' 'DIetrIot.'., LikewIse; .If'thp.dUXh Ie'serving thb~proper'p.Wr~ '. poeee of the Dletriat, that subdlvlaion racyoontrlbute to:;,it;s' malntenanoe. For, in euoh Inbtanoe, neither entity woul&he : :expendIng ,Itemoney for an unauthorized purpose. The pooling their resourbes and .thebulldlng of a hooperative sgatem ``, ~ 1. might well effeot a caving for both the City end the~Die$riot, rlth obvIoua beneflolal reeulte ~to ths ta.xpayers.oontti2buting from eaoh angle. Thers Is ~nothlng which prohibit8 two govern- mental bodies from making a common oauae and Jointly entering Into a projeot when It Is In furtheranoe of the purposes of both. Hu es v. County Commlesloners~ Court of Harris wunty, 2) 018 (oIty and oounty oontrlbutlng Jointly to,:,the .36~9. w. 'f" butlding of's road); Malone v. Pehy, 17 8. ,W, 2).g@, fg#@$$, . and State T. Oliver, 35 8. W. (2) 396, Tenn. tState aqu*lng land and delivering same to Federal Qovernment for eet~lleh- ment of park thereon). We rind nothing In House Bill 181 to muggeet that expenditures of money therein provided for the use of the City of SInton must be oonfined'to areas within Its oorporate .. UmIte. Amiuming ‘that the propoeed Improvement wouldbe wIthIn the purposes mentioned In the quoted part of Beb.``6,, Hi B. 181, the City oould use funds provided In that,Aot In sonetruoting the dltohee leading into those of the Dietrlet. Honorable C. Burtt Potter - Page 4 And, thereafter the (3Ityand Dietriot oouJ.Ueaoh ptiperly bear.Its pro rata ooet of malntenanae. We believe thle ~2.13. constitute a sufficlsnt answer to your third question',as well as the fourth. Your first and seoond questions axe,so general and might be affected by so many different fasts and conditions not known to ua that we oannot undertake to answer them. Yours very truly ATTORNEY GENERAL OF TEXAEi By (6IgneB) Olenn R,,i;s@4 :. _. ‘Qlen+R.,‘:*ir. .. GFUBT Am+mbklt. APPROVZD Of%9, 1941 .. (Signed) Grover Sellere i&ST ASSISTANT ATTOFiNEXGE#ERAL