The Commissioners want to use county equipment to clear a lot so Habitat for Humanity can build a house. I am looking for a statute that would justify this as a public purpose. I'm getting the old "Well, the city helps them out, why can't the county" routine.
Seems our good state was created in an atmosphere of distrust of government. Counties were created by the State, not by their residents; as a result, are presumed to be less than responsive to our residents. Counties may only do those actions which are specifically allowed under Texas law.
Cities, on the other hand, were created by the people who live in them, and are presumably still governed by the residents. It was /is believed that, by its nature, city government is more responsive to the governed than county or state. As a result, cities may do anything they wish as long as it is not specifically forbidden by statute.
Back to your initial question - we have sometimes created convoluted intergov agreements to help out. For instance, the City has some really good landscapers, which we need, so we traded grading the spot of their choice for landscaping services of an equal value. Get the picture?
Lisa L. Peterson
Nolan County Attorney
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