Untitled Texas Attorney General Opinion ( 1974 )

TFEEA~TORNEYGENERAL
OF TEXAS
AUSTIN. T%XAS r87ll
October 7, 1974
The Honorable Ed Keys Opinion No. H- 413
County Attorney
Ward County Re: Whether a county may
Monahans, Texas 79756 contribute to the construction
of a swimming pool by a
school district.
Dear Mr. Keys:
You have requested our opinion concerning whether Ward County
may contribute to the construction of a swimming pool by the Monahans-
Wick&t-Pyote Independent School District on land owned by the district
and l.ocated within the County.
Article 60glt, V. T. C. S., provides:
Section 1. In this Act, ‘governmental unit’ means a
city, town, independent school district, or any other
political subdivision.
Section 2. Any governmental unit may by agreement
establish, provide, maintain, construct, and operate
jointly with another governmental unit located in the
same or adjacent counties, playgrounds, recreation
centers, athletic fields, swimming pools, and other
park and recreational facilities located on property
now owned or subsequently acquired by either of the
governmental units.
This statute authorizes agreement between governmental units located
in the same or adjacent counties for the construction of swimming pools upon
property owned by “either of the governmental units. ” Since all elements
p. 1931
The Honorable Ed Keys page 2 (H-41 3)
required by the statute are present in the instant situation, it is our opinion
that the statute expressly authorizes the county to enter into an agreement
to contribute to the construction of the swimming pool. We observe that
Art. 60glt contemplates continuing joint responsibility for the facility, so
that agreement should provide for some continued participation by the county.
A properly drawn agreement will not violate Art. 3, $52 of the Texas
Constitution, which prohibits a loan of credit or grant of public money
by a county to an “individual, association, or corporation, ” because the
construction of such recreation facilities can be the object of a proper public
purpose for both, and both parties will receive a quid pro quo resulting in
their mutual benefit. Attorney General Opinions H-93 (1973). H-109 (1973),
H-257 (1974), H-403 (1974); San Antonio River Authority v. Sheppard; 299
S.W.2d 920 (Tex. 1957).
SUMMARY
Article 6081t, V. T. C. S., authorizes a county to agree
to contribute to the construction of a swimming pool by an
independent school district on land owned by the school
district and located within the county, so long as the agree-
ment serves a proper public purpose for both entities,
results in an adequate benefit to both, and provides for
joint participation in the operation of the pool.
I\ . \ \ “F--------’
F. YO K, kirst ssistant
/
DAVID M. KENDALL, Chairman
Opinion Committee
lg
p. 1932