Texas Attorney General Opinion: V-244 Page: 3 of 8
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Hon.' John M. Steele - Page3
"Whenever there exists within the
corporate limited of any city or town
organized under the general laws within
this State territory to the extent of
at least ten acres, contiguous, unin-
habited and adjoining the lines of any
such city or town, the mayor and city or
town council ay by ordinance duly passed,
discontinue said territory as a part of
said city or town; and when said ordinance
has been duly passed, the mayor shall enter
an order to that effect on the minutes or
records of the. city or town council; and,
from and after the entry of such order,
said territory shall cease to be a part of
said city or town."
The City of Lubbock is a home rule city and
has adopted in its charter all the powers authorized by
Article 1177, V.0.S.; therefore, Article 973, supra, is
applicable, to said city.
According to your letter, the particular terri-
tory involved was inhabited and not uninhabited at the
time such ordinance wvas passed by the City of Lubbock,
and was not in conformity with Article 973, supra. Never-
theless, thii.being a question of fact and further, since
the city council passed the ordinance, it is presumed
that the city council found all the facts necessary for
its validity. As a matter of law, it is presumed to be
valid until the above facts are shown in a court trial ant
the ordinance set aside.
You stated in your letter that in 1934, the City
of Lubbock was liable on several outstanding bond issues
and intimated that this might prevent the city from dis-
continuing or relinquishing the territory in question.
.o h Insofar as we are able to ascertain, there is
nothing in the statutes or Constitution which prohibits
such a procedure and, in view of Article 973, v.C.S., we
believe that the territory may be relinquished even
though there are outstanding bond issues, if such relin*
quishment is in other respects justified. We also fail
to find any case where the Texas Courts have passed on
this particular question; however, in 43 Corpus Juris, p.
149, Sec. 130, we find the following:
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Texas. Attorney-General's Office. Texas Attorney General Opinion: V-244, text, June 11, 1947; (https://texashistory.unt.edu/ark:/67531/metapth265065/m1/3/: accessed April 26, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.