Texas Attorney General Opinion: JM-908 Page: 1 of 19
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THE ATTORNEY GENERAL
OF TEXAS
May 23, 1988
JIM MATT OX
ATTORNEY GENERAL
Honorable Stephen C. Howard Opinion No. JM-908
Orange County Attorney
Orange County Courthouse Re: Whether a county may enter
Orange, Texas 77630 into a binding agreement for
solid waste disposal services,
and related questions (RQ-1045)
Dear Mr. Howard:
You inform us that Orange County intends to establish a
solid waste disposal system in which solid waste would be
burned and the energy produced would be sold. The county
would buy solid waste from municipalities within the county
and would sell its own solid waste, along with the munici-
palities' solid waste, to a privately-owned incinerator,
which would burn the solid waste to produce steam or
electrical power. The contracts between the municipal
governments and the county would last as long as 20 years.
You ask five questions regarding the county's authority to
enter into such contracts:
Question 1: Can [a] Commissioners Court enter
into a solid waste disposal service agreement
with an individual or corporation which will
bind future Commissioners Courts?
Question 2: Can the County enter into a solid
waste disposal contract which would require
the County to pay a penalty if a quantity of
solid waste is not provided by the County to
an individual or corporation within a given
period of time?
Question 3: Can the County enforce a solid
waste disposal contract against cities which
would bind the cities for up to 20 years?
Under what conditions is such a contract
valid where a home rule city charter
restricts the duration of a city contract?p. 4495
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Texas. Attorney-General's Office. Texas Attorney General Opinion: JM-908, text, May 23, 1988; (https://texashistory.unt.edu/ark:/67531/metapth273346/m1/1/: accessed April 24, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.