OFFICE OF eix yrolB OmmuL OF T$xAs OERAtDcMNH Attorney Oeneral Honorable P.W. Nlnter County Attorney Jim xogg county Hebbronvllle, Texas Dear slrr Opinion No. O-1865 Rer Construction of Article 2368a, Section 6 Vernon’s Annotated c1v11 statute0 We acknowledge receipt of your request for an opinion on the question stated es follows: “Ia it your opinion that Sec. 6, of Art. ~l~Ge;pplies only to +xorporated cities, towne or , and doea not apply to Commlealoners’ Courts?” Article 1086, Vernon’s Annotated Civil Watutee, provl$es that towna, cities and villages, incorporated under either eneral or special lawns, who accept the benefits of Chapter 9, Title 2pi Vernon’ 8 Annotated Civil Statutes, may have the power to Improve 8ny klghwaye within their limlte, together with other powers. The follo+ng article explalne the prooedure to be followed; and Articlq,1088, Vernon’s Annotated Civil Statutes, provldes that the city may pay the whole coat.: or may aeaeaa not more +han three-fourths of the cost agalnat the ownepk of abutting property. There are no provl~onaibr a county to aeex468 any Pa$$ of the coats of street iRlprovetnente’a@lnst the armera of abuttlrq poverty. Article 2368a~8iwtion 2, Vernon’s AMotated C%v$l dt#titpp provides that no aommleelonera* aourt or City shall make or en%?? lnti any contract or agreement for the aonstructlon of any public b~lldl?$g~, etc., ‘requlrln$ or authorlzlng any expenditure in excess of #,OQO, ‘rlth- out first aubmlttlng said contract or agreement to.oompetitive b%de. Said article alao provides for the notice to bidders. Article 23@h, Section 3 Vernon’6 Annotated Civil Stat$tes, provides that when time warren& are to be ieeubd to pU$ ,tli&,:. contract, that fact shall be set out ln the notice, and there sh&ll aleo be set out the maximum amount of time warrant Indebtedness, the rate of’ lntereet such warrants are to bear, and the maximum maturity dJAte thereof. Article 2368a; Sectlon 4, provides for an election 09 whether the bonds shall’ bd issued. Suah election Is to be ha&upbn the petition of ten per cent o?,the quallfled vot&rB. lQnor$ble ?.Y, Winter hge 2 OOPY o-1865 Article 2368a Se&ion 6, Vernon’8 Annotated civil Statutes, elmply provides thak Seatione 2, 3 and 4, eupra, still not a ly to expenditure for paVlXg drainage, street widening and other Pg llc imporvementa, In casea where not less then one-third pu of the cost thereof la to be paid by special assesmnent levied on the proper- ties to be benefited thereby, There being no provision for epeclal aasesament agairrct probrty for improvements of the nature stated by counties, the effect of Seotion 6, Article 2368a, eupra, would apply only to cities, towne and villages accepting the benefits of Chapter 9, Title 28, Vernon’s Annotated Civil Statutes. Trusting that the foregoing fully answers your inquiry, we are, Your0 very truly ATTORNXYQENERALCFTEXAS By e/klchard Ii. Cooke Richard H. Cocke Aecllstant RHC:00:wc APPROVEDJAN 22, 1940 a/ Gerald C. Mann ATTORHEY OHNERAL OF TXXAS Approved Opinion Committee by s/sws Chairman