The opinion
324
..
i
queatlllg ;the opb-
qwietlon ,reaaa a8
326
Emmable B. Y. ffayford, 26&e 3
Ponotable R. ‘J. '4yr0rd, Pa&o 4
328
329
Honorable R. V. ib;yf0ra, Page 6
After oarefullp oollsldaring tha oontraot, hereto-
fore nantioned, it is apparent that Rusk County through its
Commlsslonerst Ccurt raises n question presenting that then,
Is a possibility that Rusk County is not enjoying the maxl-
mm partioipation and benefit to whioh it may be entitled
under the Bona Assunptlon Law, and that the oounty m&ht
have a claim against the Board for pertloipatlon in the
Bond Assumption Hu.ud on bonds whi@h have been paid by the
county but not assumed by the Board, aepeaially with refer-
enoe to those bonds on whloh the Oounty haa already paid the
amounts maturin& prior to the aooeptanoe of aortain roads
by the Stats tiighway Comlsslon top malntaname purposes;
ana there ls a posslbllity that through law, oourt aotlon or
oorreatiraleglslatlon,that these bonds might be deolarsd
eligible by the Soard so tabat Rusk County mi.ght reoslve re-
iolbureement rOr payments made by the W#unty pSi.OT to t?OOWC-
ber 13, 1941, the date when the Board began partioipatilon
and payment on sala bond&
Artlole 66749-7, Varnon*s Annotated Civil Statutes
pr0viaOfi that the Boera 0r count and Dlstrlot Road IIldebt&
2te88 ~hati 00i3dt or the state iIighweiy hginaor, sm0
Goaptmller of Pub110 Amount6 eml the fitate Tmasurar. Ths
Board is oharged with ths duties of adalnistaring t&e sot:
One or the duties of the Board 1s t0 a8Oerbln and &8tWmiM
rram the data ma lnfonaatlon tuxnlehsd by the Oount~ &dges
or the State fina by the Chairman or tha State Highway comls-
sion and by the 2tate COmptrollsr of’ Pub110 Aoaount.8, anl
f’rom auoh iurther Investigation that said Board may de- II@-
auaary, the mount of lndebtedne8s eli ible under the proti-
dona or this seotion or this aot (Art f 01s 667&p7) to par-
tloipate in the moneys coming into aaid county and road dir
tsiot highway fund. This provision of the statute fuP&ar
pr0+iae9
“The asoertainment and detenaination by the
Board of County and Diatrlct Read Inaebtednasa,
after reasonable notice and hearing, 09 the amount
of any oounty or daflned road dfstriot obligations
eligible under the provioions of this aot to par-
tloipate in any moneys coming into the county end
road district highway fUnd or aB to the amount of
any obl&ations the proose d s of whloh wert aotually
expended on state highways or on roade, hetmtof'ore
oonstitutln~ stats hl&ways, shall be final and
conolusioe and shall not be subject to review
330
Bonorable R. V. Rayford, Page 7
in shy other trlbunsl. But said a00ra of couuty
t3ua Distriat Road Indebtedness shall have the
right at shy time to Oorreot any errors or mlstskee
it my h8~8 =a%.”
Paragraph (8) of hrtiole 667&q-7 providesr
“The Board shall keep adequate timtea or
its prooeediqs ana semlafmually, within thirty
(30) day8 arter February 28th and August 3lst,
of eaoh year, shatl make Itemize& reports to eaOh
oouhty with respcwt to the reoeipt, dlsburaement,
and investneht of the funds oredited to suoh
oountg. The Conmlssioners Court of any Oounty,
and/or its aooreaited representatives shall have
the right to inspeot the reoords 0r eald Board
tmd of the State Treasurer, at any reasonable tlnm
ror the purpose or making any lweetlgatlon or
audit of the amounts artecrting its 00uuty.~
Under the terms of the oontraot,Rusk Gouhty em-
ployed the party namd therein as attomey and aooounknt
=ror the purpose or naking suoh survey of bond fuhd 8xpadi-
tures ror highway purposes, end to assemble suoh lnfomatloh
and other evldewe or proof neoessary to propsrly present
and subetantiate any claim for reimbursement and oash refund
to whloh Rusk County may be entitled, either by aotlon befor%
the Board under the present law or any amhdment thereto,~ or
by court aotlon thereundsr.”
The party oontraoting with Rusk County -agrees to
do all of the neoessary things outlined above, furnish
a skilled aooountant or aooouatante to assist him if It9 s
deemed neoessary, to make the survey and to properly perform
any other servloes as may be required in an effort to seoure
suoh reimbursement end cash mba8, and to pay all expem5es
inaurred in connection therewith”.
It is well established 5.n this State and has been
consistently held by this department that a oounty has the
right to employ an attorney to perform Mrtain duties where
auah duties are not required to be performed by the county
or aistrlot attorney in his offlolal oapaoity.
In vlsw of the foregoing It ie the opinion Of this
department that the foregoing oontraot is a legal ona whlOh
the Conariissloners’ Court has the a,uthorlty to make end execute.
Bonorable R. V. Rayfe~d, Pa&e 6
In mnneotion with the foregoing we want to point
out that the cOxillselonera' court is not authorized to pay
the oompensatlon provided In said oontraot out of the Lateral
Rosa Amount in view of the provisions of Article 66749-7
and Artiole 667&q-80, Vernc~n~s Annotated Civil Statutes.
Suoh ompsnsatfon must be paid out of the general fund of
the oounty and paid in acoordame with the oounty budget
providing for suoh. All oounty expem¶itur@s lawfully autk~-
bed to be made by a oounty aust be paid out of the oounty'a
general fuod unlese there is scsm law whloh makes than a
charge against a epeoial fund. (Williams v. Carroll, 182
5. K. 29, Carroll. v. Klllianre, 202 S. ::. 504; Bemr County
et al. v. Mnnn, 157 3. Ye (21 134).
Yours very truly
m
ArdollMlUama
Assietant