2/16/1988 - Laserfiche WebLink

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Pr - FEB i 066 FACE 900 TO: Commissioner Carolyn K. Eggert Board of County Commissioners FROM: DATE: RE: (2Q29,t(b-42, Charles P. Vitunac, County Attorney February 15, 1988 USE OF OLD JAIL SITE FOR LIBRARY Yot) have asked me to respond concerning what legal requirement exists that the library bond issue be charged some amount for use of the old jail site or new hea-Ith department building site. The library bond issue was passed to acquire two sites and build two libraries.. The bonds will be paid by.ad valorem taxes countywide. The bond issue does not requ,i,re that the County spend any amount or percentage of money to acquire land. It clearly authorizes acceptance of donated land. The next question is whether the County may dedicate the old jail site for library purposes for no or Kittle remuneration. The old jail site was acquired years ago by the County as an asset of the general fund. This is a countywide fund supported by the taxpayers of the whole county --the same people who pay for the library bonds. Thus, the land could be dedicated for library purposes unless the bond issue itself restricted the total expenses of the library costs to the bond amount, i.e., $5.9 million. The bond documents are only an authorization for long-term capital funding through taxes. They do not either explicitly or implicitly forbid the use of other money, lands, or funds. Thus, in my opinion, there is no legal requirement for the County to pay anything for the old jail site if the Board of County Commissioners decides to use that land for the new library. The new health department site was acquired by another bond issue supported by revenue which would otherwise be put into • the general fund. The bond authorized raising money for capital projects as follows: "Project" shall mean the construction, reconstruction, acquisition, alteration, furnishing and equipping of buildings and capital facilities of the County for administrative, law enforcement, judicial, jail, medical use, recreational facilities, excluding beach renourishment, and other facilities to house governmental services in the County, all pursuant to the plans and specifications of a Qualified Independent Consultant on file, or to be on file, with the Issuer. Thus, use of the new health department site for a library would be proper without charging the library bond fund for the bond if a new public library comes within the definition of "Project", which I believe it does. 82