I am having on of those "moments" where i know i have seen a statute before but cant find it.....sound familiar?
Use of county road equipment on behalf of another governmetal entity as long as fair compensation is provided etc.....
I think i have seen it in the transportation code, but cant put my finger on it.
Any thoughts?...Lisa?

School dist is needing help building a parking lot and road for a new school. Will this section cover it if we are reimbursed all the costs including materials? Maybe with an interlocal agreement.

I have relied on the general law that the county can't give / loan assets to anyone - then proceeded to use an interlocal agreement. If nothing else, the school district has yard care types who work year round and can mow around the courthouse...

Lisa L. Peterson
Nolan County Attorney

thanks lisa. i was thinking there was a provision of the Trans code that required setting a fee schedule for hourly rates for the labor and equipment etc....but maybe i was dreaming. maybe it was the above referenced Trans code section i was remembering.
If there will be complete renumeration for all county expenses and the project doesnt interfere with the county's work schedule, and we get a written agreement from the other governmental entity, i feel comfortable relying on section 251.015.

I don't recall having seen such a schedule, although I would like to. Sometimes I end up having to get creative if the other entity doesn't have funds...

Lisa L. Peterson
Nolan County Attorney

I don't have it yet but there is a provision for small counties, I think under 5,000, for commissioners to do private work for a fee. Been a long time and might not be the law. I'll look for it.
John
CA Hansford

Found it. Hansford County (mine) is 6,000 pop.
John
CA, Hansford

36 Tex. Prac., County And Special District Law � 40.1 (2d ed.)


Texas Practice Series TM
Current through the 2010 Update

County And Special District Law
David B. Brooks[FNa0]

Part VI. Land Development
Chapter 40. Roads and Bridges[FN3] A 1980 constitutional amendment does, however, permit counties of less than 5,000 population to construct and maintain private roads for reasonable charges. Vernon's Ann. Tex. Const. art. III, � 52f.
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That is a great provision, and I wish it applied to either Scurry or Nolan counties. Mike is at 15,000 and we are at 14,000.

Lisa L. Peterson
Nolan County Attorney