Case Information
,, -. .- - :,.. .~ ,’ “@~, / s OFFICE OF Tw .Al+ORNEY GENERALS OF %XAS AUSTIN .,~
GROYER SEUERS rnurwq acwr+r. .)
Honorab1e.A. W; Meadows, Director ]
Texas A~ronautios~'Comnisslon
-Senate Chamber .._. . _' Austin, Texss ,. .., ;. : .'
.Llh3ar sirr .-, :. .
‘-
The foll4mln
deral aid -is': . : roval of'the ~. osas toscope: ::: .
orm to civil Establlsd an8 empower an OifXcial. or ~XL 0rfiaial:bod.y .eeguippe~ to iapnauct ita zshare or. the prografn. ‘. .., ; .: .~ ‘.. .’
.’
Eon. A. W. Keadowa, page.2 Have legislation adequate for the de&ring
“’ (b) an& protection of airport approaohes, ~5
such other legislation cs may be neoessary to vest in ito politic&l subdivisions all . . powers necessary to enable them to par- ticipate through the State as sponsors of airport projects.
“‘(cl Rave no special tax on aviation fnollities,
fuel, operations, or businesse,s the proceeds of which are not used entirely for,aviatlon pprpoaes. Insure the operation of all public airports
no* (a) within its jurisdiction in the publio Interest, without unjust discrimination or unreasonable oharges. Insure the propsr operation end maintenance of
“‘(e) all public airports within its juHsaictlon. Eake airports aevelopea with Feaeral aid avail- “’ (fl able for unrektricted use by United States Govern-
ment aircraft without charge other than an amount sufficient to cover the cost repairing damage done by such aircraft. Requlke the installation at all alrports.for
“‘(I31 which Federal fun&s have been provided of a
stander& acoounting ana fisoal reporting system satisfaotory to the Auistrator..
"'That sponsors bZ projects be required to enter into contracts with the Civil Aeronautlos Admlnistratlcn insuring the propermeintehence and protection of airports daveloped with Federal aid.ana their operation in the public interest.'
W1l.l you plea&e inform this offioe if the statutes of.. . the State of Texas will meet all the requirements quoted in the above paragra$s?‘t
The 49th Legislature passed an Act relating to aeronautics, (V&non's Texas Session‘Lew Service , pp 5SC-5Cg) wLioh beonae of- fective September 3, 1945. This Aot.providcs for the Texas Aeronautlos Commission to consist of three members. The purpose of said Act and the powers given said Coml5aion are as follo~~s:
[*] ‘. . . ’ . -.
‘, i- "880. 2. Deolaration.
:Xt is hereby deolared that the purpose of this Act Is to further the publio lnte.rest an@ aeronautical progress by providing for the protection',:ana promotion snd'bevelopment of-aeronautlos; by cooperating in.ef- - fscti-ng a uniformity of the laws relating to the aevel- cpmant of aeronautlae Ln t&e several states; by revialng’. .~ . . exietin&statutes relative to-the develppment and regu- .
j' latlon of aeronautics so as to grant-to :a State agenoy
such powera and impose upon it such duties that the State may properly perform its functions relative to aeronsutios cilia effectively exercise its jurisaiotion over persons ana proper.@ within suoh jurisdlotion, may ~asaist~in'the promntion of a state-wide system of air- ..
.. ports, may~cooperate with and assist the political
. subaioisiona of this State in order thaC.those engage&
ill reron~utloe of every oharaoter tiy-ao-en&age with . . .:. the least posei’ole~rrestrictioas consistent with the : safety ana the rights of other person or persons; 'ana .. ..' by providing for ooopertitlon with the~federal. authorities '
,. 'in the aevelopaent of a national systdm of civil aviation
arid fdr aoord%uation of the aeronautical aotivities of +'thaae f&horlties antl'the authorities of .this St&e \jy asslstin& in acoo@pllshing *-he purposes of federal iegb- . '.. .lation ana .eliminatine; <rostl.y aa .unneoessary.auplSoation :.
~_. Of fnnotione pxoperly.in the _orovinoe of the Peaera : agenoiesb !. -. . ~.. u**‘* , j.. : Wjo. k.. .Gderal l?owore and3Ntles of Comnission.-- *subalvision 2. The~Comm5.sezi.o~ is empowered an& 5'
directed to encourkge, fost&r,.ana assist in'the develoti 'me&or aeronautios d.n this State, anb to enoouragf, the '~~~‘~establlshment of airpdrts and other'air navlgatlon : ,faoiUtlee; but w&U n6.t have-authority to promul&a.te rulea and regulations which ,may impose a greater restrid- c ; . tion upon qvtatlon than now k&ids, end shall have no authbs'lty tom lmpoae eoonpmia~ oontrol by way of regulationaI-5
,
*sub8loislon .2. Legisl.ationr..It maj, rhommend neoes- sary legislation to sdvanoe the interests of the State in aeronautics' anb.represent the State in aeronautioal matters . before federal agenaies and other State agenOieSw
l
. ,~ ” .
Hon. A. \?. LieadOWs, page [4]
*Subdivision 3. Financial Assistance. The Com- mission may render financial assistance In the ao- quisition, devclonmcnt, operation or maintenanceof airports out of appropriations made by the Legisla- ture for that purpose.
*Subdivision 4. Authority to Contract. It may. enter Into any contracts necessary to the execution df the powers granted it by this Act but shall have no authority to enter into any contract or agreement binding the State of Texas for the payment of any monies which have not been speoific&lly authorized by appropriation of the LcCislature, nor shall it . enter Into any oontraot or a;:reement binding the
. . State of Texas in excess of the pov?crs herein
granted.
Vubdivision 5. The Commission 5kall have no : authority to issue certificates of convenienoa and necessity within the state of Texas. .I..
YSubaivision 6. The Commission shall c&duct hearings snd shall make investigation as it may de& necessary for the purposes of determining the looation, type of oonstruotion, and the cost to the state of' Texas of maintenance of emergency and all other classes of airports owned, operated, or directly financed in whole or in part by the State within the State Of Texas. It shall render assistance within its power, not inconsistent with this Act, to any suoh sub- divisions of the State in procuring such aid as the federal.goverhment nay grant for the purpose oi eetabliehing and maintaining airports. '.- "Sec. 7. Fedsral Aid.
Subdivision 1. Cooperation with Government. The Commission is authorized to cooperate with the Government of the United States, and any agenoy or department thereof, in the acquisition, construction, improvement, maintenance and operation of airports and other 'air navigation facilities in this State, and to comply with the provisions of the laws of the United States and any regulations made there- under for the expenditure df.federal monies upon such airports and other air navigation faoilities.
” .
Hon. A. IV. Liesdows, page 5
"SubdivisLon 2. kuthority to Xeceive Federal konies for State and Xunioipalitles. It is authorized to aocept, receive, and receipt for federal monies and other monies, eithar public or private for and in be-. half of this State, or any,municipality thereof, when authorized by the municipality to do so for the ac- quisition, construction, Improvement, maintenance, and ogoration of airports and othar air navFCatlon facil- ities, whether such work is to be dono by the State pr by such municipalities or any other politics1 sub- division of the State of Texas aided by grants of aid from the United States, u?on such terms and conditions as are or may be prescribed by the Laws oft tne United .Statcs and any rules or regulations made thereunder, and it is authorized to act as agent of any municipality or other personsor person of this State upon the request of such munici,pality, or person or persons In accepting, reoelving, and receipting for such monies in its behalf for airports or other air~nevigation facility _?urposes, and in oontractlng for the acquisition, construction, improvement, maintenance, or operation of airports or other air navigation facilities, financed either in whole or in part~by federal monies, and the governing body of any such municipality or other person or persons is authorized to designate the Commission as its agent for. such purposes and to enter into an agreement with it prescribing the terms arid conditions of such agency in accordance with federal laws, Tules, and re,qAstions and with this Act. Such monies as are paid over by the United State8 Government shall be retained by the State or paid over to said municipalities or other person or persons under such terms and conditions as may be j+n- posed by the United States Government in making suoh * grants. .~~ **subdivision 3. Contracts - Law Governing. Al.1 ' oontraota for the aoquisition, construction, tiprove- ment, maintenance, and operation of airports, other airnavigation facilities made by the commission, either as the agent of this State or as the ag%nt of any munioi- .pality or other person or persons shall be~mada pursuant to t;?e laws of this State, Governing the making of like contracts; provided, however, thatlnhere the acquisi- tion, construction, improvement, mcintenanoe, and operation of any airport, landing strip, or other air navigation facility is financed wholly or psrtially with federal money, the Commission, as agent of the State Or of any municipality or other person or persons thereof, may let contracts in the Iiltrnncr prescribed by the federal authorities, acting under the laws of the United states, and any rules or regulntions made thereunder, notwith- standing any other State law to the oontrary.
Hon. A. W. Xeadows, page 6
"Subdivision 4. Disposition of Federal Funds. AlI monies accepted for disbursement by the Conmission pur- suant to Subdivision 2 of this Section shall be deposited in the State Treasury, and unless-otherwise prescribed by the authority from which the money is received, kept in seJerate funds, designated aooording to the purposes for which the monies mere made available, and held by the State in trust for such purposes. All monies are hereby appropriated for the purposes for which the same were made available, to be expended in accordanoe with federal laws and regulations and with this Act. The Commission is authorized, whether acting for this State or as the ageat of any of its municipalities or otiiGr.person or persons, or when requested by the United statas Government or any agenoy or department thereof, to disburse suoh monies for the designated purposes, but this shall not preclude any other authorized method of disbursement." :.
Artiole 1015c, Vernon's &rnotatea Civil Statutes, :>rovides
in part as follows:
*Section 1. All cities and towns, including Xome “_ -Rule cities, in the State of Teexns, shall have power to build and purohase, to mortSa e and encumber any of the hereinafter named. project and or projects, to-v4.t: * * * ' 7 .._ airports, and the- land upon which tile same are situated,
' either or.all, and the income therefrom and everything
pertaining thereto aaquired or to be acquired and to evidence the obLi~3tion therefor by the issuance of bonds, ,notes or warrants, and to 'secure the payment of funds to purchase same or funds with xhich to construct and equip the same; 3nd 8s~ additional security therefor,.by the terms of such encumbrance, may grsnt to the purcboser under sale. foreclosure thereunder, a franchise to operate the projeots herein enumerated and properties so purchased for a term of not over txenty (20) years after purchase, subject to all Paws reGulatlnC seme then in iorce. No such obligation of any such projeot and/or projeots shall ever be a debt of said city or town, but solslz;a char&e u2on the properties of the 'project and/or projects so enoumbered, end shall never be reokoned In determininG the power Of any such city or town to issue any bonds for any purpose authorized by law. (underscoring ours)
.c' nseo. 2. None of the projeots named in Seotion 1
of this Act, nor the land upon which the same are shall’ever be sold until such sale is au- situated, thorized by 3 majority vote of tho qualified Voters of such olty or town1 nor shall the same be encumber%d *7 Hon. A. W. Keadows, gage 7
for Olore than Pive'Thousand Dollars ($sOOO), except for purchase money, or fuuds with which to construct and equip tha.stEe or to refund'ahy existing ihdebted- ness lawfully created, mtil authorized in like mn- ner. Suoh vote in either case shall be ascertained at an election, which election shall be held and. notice thereof given as is provided in the case of the issuance of mmicipal bonds by.such cities and towns, *.* *VI "Sec. 4. It shail be the duty of the myor of such cities or towns to install an& maintain, or cause to be iostclled and maintained, 'a coqlete system oft records and accounts showing the free servioe rendered, and the value thereof, and- showing separately the aE0unt.s expended and/or set aside for operation, salaries, labor, materials, repairs, maintenance, depreciation, replacemnts, extensions, interest and the creation of a sinking fund to pay off such bohds ana indebtedness. "It shall likewise be'the duty of the superiu- tendent-or manager of such project and/or projects to file with the mayor o? such cities or towns, snot later than Tebruary lst, a detailed report of the operations of such project and/or D:ojects for the year ending January 1st preceding, showing thz total sum of money oollaoted ana the balance due, as well. as the total disbursements made and the amounts rsmaihing.un aid as the result of operation of such projeot and or project8 during such calendar P year.
"Failure or refusal on the part of tha raayor to install and maintain, or oause to be installed and maintained such systeu of records and accounts within ninety (9Oj days after the completion of such project and/or projects, oh the part of such superintendent or manager, to file or cause to be filed such report, shall constitute a misdemeanor and, on conviction .thereof, such luayor or superintendent or manager shall be subjeot'to a fine of not less than One Hundred .Dollars ($lOO), nor more than One Thousand Dollars *8 , _’ Eon. Ai W. t:eadowB, pats 8
\ : ana any taxpayer residing within such city
.~~~~~~; , or holder of such indebtedness, shnllhave the right,by appropriate civil action in tha Distriot Court of the county in whioh such city or town IS locate&, t0 enforce the provisions of this A0t.n Art. 1269h is 12 Dart as follows: "Section 1. A-That the governing; body of any . ; incorporated city in this State'smy receive through or dedicntioi?, end is hereby mpo:rered to ac-
gift quire, by purchase tilthout conde,mation or by pur- chase through condemnation proceedings, end thereafter maintain and‘operate aa an airport, or lease, or sell, to the Federal.Governmcnt, tracts of lend either within or without the corporate limits of suoh city and within the county in whioh such city is situated, and the Com- ~ssioiiers~ Court of eny county my likewise acquire, maintain and operate for like purpose tracts of land within the limits of the county.
\ *B-That the governing body of any incorporated city inthis State my receive through gift or dedioa- tion, and is hereby empovaered to acquire by purchase without condemnation, a&d thereafter maintain and operate as an airport, or lease, or sell to the Federal Government, tracts of land without the oounty
/. .: .in which such city is situatea.; provided said tracts : are not within five (5) miles of another incorporated
city that has a population of more thanfifteen hundred (1500) people, aooording to the last preceding Federal ! .Census. !
*C-That the gove'rning body of any i&&orated city in this State my, end is hereby empowered, to - acquire through condemnation proceedings, tracts of iana located without the co.unty in which aaid city is located, proviaea said tracts of lend are within (6) miles of the courity boundary .of the county six in which said oity is located, and axe not within five (5) miles of another incorporated city having a population in excess of fifteen hundred (1500) people, accordFcg to the last preocding Federal Census; and that said city my thereafter mintain and operate as an airport, lease, or sell, da tracts to the Federal Government; provided, however, *9 Hon. A. W.'tieadows, paCe 9
that the grant herein nsde to acquire land through condemztion proceedings, without the county in whioh said oity is located, shall expire on Deoesber 31, 1942, but that tracts of land acquired prior to that date, and under the authority of this Act, my con- time to be operated, leased, or sold, as provided $n this Act.
"D-In addition to the power herein granted, the Comissioners* Court of the sever01 counties of this State are hereby authorized to lease any airport that .* may be acquired by the comty, as herein provided, to
any incorporated city or municipality within such oounty, or to the Federal Govermert, for the purpose i' __ of maintaining and opereting an airport; and provided
further that any incorporated city having acquired I land for an airport, or an airport, under the authority of this Aot, shall have the right to lease said land or / . , said airport to the county in which said incorporated
oity is looated.
W-In addition to the power which it may now have, the governing body of an incorporated city shall have the power to sell, convey, or lease, all or any portions of any airports heretofore established or.that my be hereafter established, or any land acquired unaer the . provisions of this Act, to the United St&es of America for any purpose deerLed by the Government of the united. . States neoessary for h'ationel Defense, or foli air mail purposes, or ~sny other public purposei or to the State of Texas, or any branch of the State GOVGrLUimIt, or to any other person, firm, or corporation; to carry out .any purpose necessary or incidental to Mational Defense or training inoidentel thereto; and that such Covertig body shall provide rules and regulations for the proper use-of aqy suoh~airports in connection with the purposes stated herein;;
Y3ec. 2. (a) For the purpose of oondeming or pur- chasing, either or both, lands to be used and mintained as provided in Section 1 hereof, and improvin& and equip- ping the same for such use, the govurnlng body of any city or the Oommissloners 1 Court of any county; falling within the terms of suoh Section, may issue neCotioblc bonds of the oitg or of the county, as the case nay be, and levy taxes to proviae for the interest ard sirking *10 Hon. A:W, LiGEdOwS, page 10
funds of any such bonds so issued, the authority' hereby given for the issuance of such bonds and levy' and collection of such taxes to be exercised in~ao- coraence nith the lmovioions of Chapter 1 of Title 22 of the Devised civil Statutes of 1925.
n* * *
“Sec. 5. Ahy airport acquired under and by virtue of the terms oi this Act shall be u&or the r;?anagement and control of the sovL:r:iih& body of the city or tne Co.mAs- sloners* Court of the county acquirin{; the seme, which ,
is hereby expiiesslg authori;: ea and empowered to tiprove, maintain and conduct the soze as an airport, end for that purpose to EEIkG mid provide therein all necessary or fit Fn;provements and facilities and to fix such reasonable oharges for the use .thercof ns such governihg ' body or Conmissioners Court ShEll de6m fit, and to make rules and regulations governing the use thereof. All *~ proceeds from such charges shall be devoted exclusively to the r;laintenance, upkeep, iru;,rovecent ahd operation of suoh airport and the facilities, structuras,ana improvements therein, * * *
"Sec. 4. That in addition to and exclusives of'ahy taxes,whioh fiapbe 1GViea for thG interest and sinking fund of any bonds issued mder the .euthoAty of this Ad, the governing bodyof any city or the Comis- sioners' Court. of my county, falling withih the : ternis hereof, my and ishereby enpo:vered to levy end
collect a special tax not to exobea for any 03e year five cents on each One iIundred Dollars for the purpose of i3nproviy,, operating,,. mintaining a~aa conducting any airport which such ofty or county my acquire under the provisions of.this Act, and to provide all suitable StruOtWSS, EEa fecilities therein. Proviafa that nothing in this Act shall be cohstrued as authorizing any city or oounty to exceed the limits of indebtedness placed upon It under thG Constitution.~~
Art. 12691 is in part as foU0w.s: hav'inG a Do ulation of mre then
%ec. 1. All citias ii inhsbifants one Hi.mdred.and Sixty Thousand (1 0,000) preceding federal oensus shall eooording to the last *11 Han, A. Tii; iil'eadows, page 11
h5V~ power to Bort(:aGe End encumber their airports and everything pertaining therato acquired, or to be acquired, to sccure~the payment of funds to pur- oheso the sane or to build, improve, onlarge, extend, repair or construct any kind or oharaoter of pemanent ic;provenents, including bilildings, repair shops end other structures, mid, 63 Edditimol si;ourity therotor, by the terms of sucii ~~ori~s~e enouzbrance, my grant to the purchaser m&r sole or foreclosure thereuudor a franchi3G to o~orate OUC!I stzjort and the improve- nents situated thereon for a terz of not over thirty (30) years aftar suoh purchssse, subject to all 16~5 regulating the sme then in foroe. IGo such obligation shall ever be a debt of such city, but solely a 6harge upon the ?ropertics so mrtgaged or encumberted, and shell never be reckosad in deterr-ning the power of such city to iss,ue any bonds for any purpose authorized by Law.
Wee. 2. All cities having a population of mare than ., One mnared End Sixty Thousaml (150,000) inhabitants ac-
COrahg to tie kkst preceding federal cm&us shall have poner to pledge the incozne from their airports and everything pertaining thereto acquired, or to be acquired, to secure the paymnt of funds to purchase the scze or to build, inprove,:enlarge, extend, repair ox construct any ktid or character of peivmccnt izlprovenents $.mluding ~buildings, repair shops, and other structures, and, a8 additional seourity tharofor; by the term of such pledge~may grant to the purchaser under snlc or fore- closurethereunder a franohise to operate such airport . and the Foprovements situated thereon for a tern of
not over thirty (30) years after such >urchcseL,,subject to all laws regulating the sooe then in foroe. So suoh obligation @ml.l. ever be a &ebt of such city, but solely .a ohErg upon the properties so mortgaged or enmzbared; and shall never be reokoned in datemining the power of any such oity to issue any bonds for any pLYpose EU- thorlzed by law.'
. . . . Such oitios shall have the power to issue "Sea. 3. .'
~' *notes or warrantsin any sum not to exceed the sum of One
hundred :Thousand Dollars (~lOO,OOO.OO) for suah purPosos without submitting such proposition to o vote of the qualified tarpEying voters. This law shall tnke pre- oedenceover au oonflicting oity chox%sr provisiohs." _-
. *.
Hon. A..&‘. Xeadowa, page 12
Art. 12693 is in part as followrij
I_ : "Seotion 1. IIn, aedition to 'the powers which It
,&y now have, any city haviq a $opulatlon of aore tlmn forty thousand (i+O,OOO) inhabitants, acoording to the last.preceding Fed6ral Ceqsus, s-hall hove power (d) to own, aalntain and operate an airport, either within or without, or partially within and partially without, the corporntell<s of suoh' city; (b) to construct, acquire by &i-ft, purchaSe, lease the exeroise of the ripjht of e&ant dozm~, Improve, 8nlarcf3, extend 0~ repair any airport, ccd to acquire by gift, purchase, lease or the exercise of the ri&ht of eminexit domin, sands or rights lh land ln.fee simple In connection therewith; (0) to borrow rhoney and issue its bonds or warrants to finance ia VIhOle or in part the COSt Of th8 aoqUiSi- tion, construction, improvement,!-enlargelnant, exten- aion or repair of~any airport; (d) to gresoribs and oollect rat86, fees, rents, ?GOuS or other Char588 for the SerVioe and faciliti88 afr”orbed by such airport;. and (a) to pledge to.the punctual payment of SaiP warragts and Interest thereon all or any apart of- the'inoo~e, rente, revenues, tolls or other' receipts derived from the operation OS such airport, in addition to th8 taxen whioh shall be levied~.. .,~~ ‘. annually~, for the payzent oft the prlno.ipal-and Anterest on 6ueh warrants. An.airport within the I’ naanin&'bf this Aot shall include all lands and
-bulldings or other improvements neoeasary orcon- venLent in the.establishmant andpparation of an . . tiirport, and shall include.suoh lands and ilzprove- : r : nents.as ar8,neoessary to assemble or manufaoture _ ~. ‘. .: 'aircraft for military or naval use8, or for any .'. ,. ,other governmental purpose, and to provide housing
-and offioe Spaoe for employees neoessary or inoldental.
to suoi$ purposes~~, , . . %eo. 2; Warrant8 may be authorized to be issued
under this riot by or&lminoe~which nay be adopted at the sme n8eting at whloh it Is lntroduoed by a majority of all th8 members of the &OV8rd.Iig body Of the city then in office .and shall take effect immediately upon adop- tion: Suoh warrants shall bear.lnterest at auoh rat8 or rate8 not exoeedlng five (5) per. oentun per annum, payable Semi-anINalb, may be Dade payable CO bCar8r, .may be 5.n one or more serias, may bear such data or
dates, nay be 3.21 such denoziixiation or dcno~ationa, -- '.
iion. A. W. E8abOWS. page 13
my b8 peyable in suoh I;;ediI.m of paymnt, at such place or places, my aarry suoh registration privl- leges, my be subjeot to such term of rebexgtion, my be exsouted In such ame?, oiay boktain such tern, covsnanta and con8ltioh8, nnd.siay be la such forin, either coupon or re&istercC, as suoh ordlnanoe or subrequent ordinance say provide. Said mrranta shell rcaturz annually ia ruch mounta so that the a%reGate Lzeunt. of ~l'ihCl&el GiXz iaterest fcLI.ing due in each yaor &all be subotantiaUy equal ovcir a period not to exceed thirty (30) yr;ars froa taeir bate. Seid warrants shall be colh et public or private sale at not less thah par. 5ai.d. warrsnts shell be necotisbl8 iaotrments within the fitioning of-the XaSotiab3.e Instruments Law of this State.
SalU warrants bearing the 8ishatCe of the officers in office. at tha date of the -swfng thereof shall be vali& and biding oblii;ctiose not&thst;mdiog thnt before th8 delivery thereof 3ad payiaent thorefor any or all of the persons whose slgaatuxes appear thereon ehall have ceased to be officers of then city issuing th8 sea8.
%ec. 3. lie oity ohall issue any warrzzts purs&nt to this Act in an aggregate azioutit in excess of One 3.u1dr88 en& Twenty-five ‘i'housend.%Llars (G125,OOO).
"Sec. I+. No eleotio;l shau be necessary to authorize the issuanoe of warrants purcuant to this Act, but the aity shall comply with the provisions of Chapter 163, Aots of the Forty-secomi Legislature, with reference to bi04ers au&.notice of 'intention to -issue ouch war- rants an& the rightto refe~ez.%um therein'speoified ahall apply.
*Sec. 5. *{{henever eny oity shall iasu8 warrants pursuant to this Act, a tax sufficient to pay.when due the priuolpal and Interest on such warrants shell be 1evieU annually and assessed, oollected ana paia in like zianner with other taxes of such city, provided, however, th%t if such warrents are peyeble from taxes.
and a&33,tionally secured by a pled&e of the incoras, rants, revenues; tolls, an& other receipts Derived fmlo tk8 operation of the airport for vf;?ich suoh wal*rronts were issued, the tax to be &Zied'aOd.
a8sesseQ by such olty may be reducea by the aC-:.oUt of aoney on bend pledged to the payffient of the pX'iJd.pal ad interest of suoh warrants.
Iion. Ai Vi. !:eadows, pace 14
“Sea. 6. The governing body of a city issuing warrants Pursuant to this Act shall prescribe by OrainanO8 and Collect reaSOnable rates, fess, toll8, rentels or other char&es for the service and facilities furnished by tb8 airport for which such werrants have bean iS8U8d. The rates, fees, tolls, rentale or other charCea so proscribed shell be suoh ae will prOdUC8 revenues sufficient (a) to pay xhen due all warrants end interest thereon, for the Payinent of which such ' revenues shall have been pledged., including reserves therefor; (b) t0 provide for all axPonses of operation and nd.nt.enaoce of such airport, lncludln~ reserves therefor.
Veo. 7. The governing body of the oity shell have the power to sell, convey, or lcese all or acy portion ._ ~ ~ of such airports heretofore.estnblished, or that zay be hereafter established, to ihe Enitad States of Anieriq? for the purpose of air noi or any other Publio .
-~p~poae;inoluding the Purpose of rurxegs for the landing of aircraft, the assemblu or nanufacture of airorsft
or elrcraft parts, or any other Purpose deemed by the GOV63XiU8nt of the United States necessary for the national defense, or to the State of Texas or any branoh of the i?.tate Governnentj or to any'zunicipality * for any such purpose, or to 'any othcr:person, fir= or oorporatlon to carry out any neoessary or incidental pill-pOS8; and thet suoh governi;?& body shall provide rules and rOgUlatiOnf3 for th8 proper use Of'any suoh eirports, whether used for pleesur8,.8xperlnent, exblbition, conuneroial purpose, or for the national defense.
“Seq. 8. Tha acquisition and operetlon of an air- 'port are'hareby deolarcd to ;be a public pUrpOS8 L&U e matter of pub110 neoasaity..
nY* *
Wea. 10. The powers oonferred by this Act shall be in addition end supple;nental to the Dower8 conferred by any other lew, lnoludine any charter provision. Insofar as the provisions of this Act am inconsistent d.tJi the proviaiona of any other law, i.noludLr~g any charter pro- vision, the provisions of this Act shall be controllinC, If any provision of this Act, or the applicatiGn Of aunh provisions to eny person, body or circuzbxtanae shall be held invalid;tha reminder of the Act, or the applica- tion of such provision to persons, bodies, nor ck-cm- stances other than as to which it is held invalid. 8hall not be affeoted thereby."
Lion. A. x. aJa40w0, pa&~ 15
Art. l269j-2 18 in pert an follower
*Seotlon i. For the purpose of soourln& end main- taining the safe and eSiiolent operation and maintonano) of all publioti owned or publicly operet6d alrprtr,
flying field8 .and lending field8 looeted wlthln 8 dis- tanoa of ten 1 lO).Ipiloa uoaputed by air llno rrom the then existing oity limits of any oity in the State OS Toxar having a opuletlon of two hundrctd end slghty-
five thousand ( 85 000) inhabitants or more aaoordlng to the set prsosd or 'any future Federal cenrua, Qw robot the refotp, lives, and property and to t oi per-
80118 ownln& property ln the vlaiaity or such airportr, fLyin flold8 and landing ilel+& from and artar the
panrage of thle Aot, the right power and authority 28 hereby given to the City Cotma 1 OS suoh oltlea to ex- i
tend the llUiit8 Of eaid oltle8 for the pur omf na;"d
in thlr Aot, 80 a8 to inolude ulthln its 1 L
publlolg owned or publloly operated alrporte, rlJlng
flsldr, and landing tleldr 4ing within a dietanoe of
ten f-10) ~&lee in an air llno iron the thoL,Ori8tl&g
oity lfmita end, in addition thereto, to inoludo all
lands within ii dl8tenoe not to exceed three thourand
(3,&O) r0et from the exterior limits of su6h alrporte,
ilyltq Sirlde, 8ad lending ~rlelde, by tha p8s8a 8 oi
an ordlnanoe extending the boundarlss of ruoh o i! tier
to inoludo the territory afor88al6, or 80 auoh thonoi a8 the City Counoll may ocumidw advl8abla to add to
tho limit8 ot eald olty, and 8uoh lntorvonlng land a8
the City counoll taay doom nooornary end proper to
#OOO~Qii#h thO~pIWpO808 Of thi8 AOtr
*two. 2. Prom and ettor tho paeeago of 8ai6
oI(Ltinoo, extending tho lie&t@ a8 aiore8ald, by tho
City Council of 8uoh oitior, aaid City Council @ma ,_ hare tho right, power, and authority to, by orialnal
ordinanoo an6 othorwlso, pear. suoh ordl~anooe under
tho goneral polioa jxmmr a8 may ba n4oorsary to pro-
meto tho eafo and offlolont 0 ontion of wld ublloly r in& flol68, or f ending owned or operated airport8, & iloldi 0114, end to promote and protoot all alrplano8 and othor rlylng omit in talking off from and 18ndfng
at mid airport8, flying ileldr, or laading fielda,
and partioularly inoluding the right to rsgulato and of any building other 8trUOtUrO
limit thought of whatever nature to be omoted, and to:bo looatsd, within a dlstenoe of three thourrand (3,000) feet from -..
'Hon. A, w. ~.eadOW#, pago L6
the OXtOri Of #UOh airport flying field Or lidtO landin to a hai&t not to o&od thlrtg (k!) field, f*e% With& 8 radiU8 Oi Ona thou&and (1,000) foot 8U+ roundin 88ld airport, and, to a height not to OxOOOd 8oVoUtY-fi** (75) fast frown said Ona thousand l*OOO) i0.t baok t0 within #aid t-00 thou&and (3,000 f-t, m-AiA8 $raPlSho round 1.~01 QOrtiQn to th. hi&N&t Of a4 8UOh buiLQ *fn Q: o r l truotu.p o.* Art. 7065W3 in in part an rOllOW8~ 1
"(4 m Q~MOA who Qurohase#'aotor fuel iA the YtStO Of TeXaS, #Ad #A7 d~#trlbuto r who l p p r o p rlatoa -tOr iUOl rOr US0 whon #U&k mtor fuel Qumharod br 8UOh QOSSOJJ Or U&d by 8uoh di#tributOr iOr OQomtlw or rop8llUing 84 l tatlon8ry ga# OnginO or traotor, r0r a6rloultural p~rpO808, motor boa%&, l lroraf*, US0 i or for my gurpoe* other ttm USa ta l mtor vohiol~ 03’OrS~kb Or fatonbod to bo oporatod in nhob OF in
Wrt UDOA MY Or tho publio highwag&, roSd8, Or Street8 Of th8 St8tS~Of Toxae, on whloh a&Or iuol t+X haa beon RalU, olthw d.lrootly or tidlropt4, shall be r*Wded
the 8ftIOU& Of l uoh tax08 80 Q&i4 by the t%letribUtorr oxolu8lvo 0r the on* (1) per 0ant doduotlon al.lowOQ diStribUtOr8 Upon tho Sirat #alo, di8tribUtlOU Or U8o Of eiid plotor, fuel, for oollootlng ah& rpznltting th* tax and ror l vap o ratloa anti other ~088~8 in tho -or
Mob SUbjOOt t0 tha li@tot$.oa8 and oondltiOal8 de8oAbod 'QIMlA,, Provided, honoior, that no greater anOUUt 8hau be MfUUdiid thM ha8 beon 016 Lnto th0 TWISW - aw mote? fuel. Tho tax aotue P l,y paid br any dletribut~r OF QOMOA Oh811 bo rOfund#Q aa DrbVidSd hOMiD On motor ill81 not Sub~aot t0 tho tat," - Art, 8, so. 1 oi tha Oonrtitution nx8eB QroV~der,in , part a8 fOlbW8l
*All QrOQWtY in thin Stat*, whathOE owned W AatUXSl QOrSOAS Or OOrQOMt~O~#, 'other bh8U IWLa%dr ;. . 8haU bo texod in prOpOrtIon to it8 valuema 2 of said Con#t~tutiofk, Art. 8, 300. prod-be@ in wt -_.__. rOuOW81 “The LOgi818tUM my, by Onam 18W8, OX-@ ho* taFtion pub110 property US8 t for pub110 purpo8*8t L
xon. A. vi. Xeadows, page 17 provides 3.n part
firt. 11, Sec. 9 of said Constitution, a8 follows: "The property of counties, oitles, and towns, owned and held o~l,y So;- public purposes, * * * and all other property devoted exolusivoly to the uso and bctnefit the publlo shall be exempt from * * * tnxatlon.~
Art. 7150 provides in part as follows:
,?The follows property shall be exempt rroa .taxstl.on; to-witr
n* * *
"4. All i;roperty, ishether real or personal, balon&hg exclusively to,this State, or any
.polltioal subdivision thereof, or tne United : States,.* * *"
The above are the statutes. thst have to do with the question . subtitted by you and, in our o$5nioE, authorize the following answe*s to the various parts thereof: '
04 'Ihe Texas Aeronautics Conmission is the oillp o~Yloia1 - state body or organization that Is authorized to assist in the (. National Airport ?lan, ,but Vie are unable to state whether sr Eat
it is equipped to oonduot its share oi' leid program as we era without lnformatioa as to what its share therein may be, as Vie3.l as what it may be tialled upon ta do Ln making said .Alrport ?lan effective.
(b) It is our opinion that,the qbove quoted stat&es pro- vide Por the olearing and proteotion of airport approaches, azid that the.Qolltloal subdlvlslons referred to In said statutes have the necessary powers to enable them to participate in alr- port projeots under the provisions of said statutes, but we do not find any statute authorizing the State to do more‘~than-oat .a8 ah agent oi such politioal SubdiVi,SiOES as may undertake to
oonatruct airports. Said Comnlsslod'. is not authorized to 'spend auy money in connection with establishing airports, except
its own lhoidental expenses for salaries of a director and other employees; office expenses, traveling expenses, sto., and no ~money haa been aQprOQriSted for any O'ther pWpOSeo
IIon. A. Iv. heaaows, page 18
(0) K:e are uncertain es to What is mant,. by 3ubdiVis:OA (0) Of your inquiry, but the part3 of the Constitution end apritutea hereinabove sot out exempt fron taxation all. aviution fecilitiea belonGing eXClU8iVely t0 &Ad USod by the State, or a ~litical lk subdivision thereof, or by the ;Initcd States. City of irbileoe vs. State, 113 S. %'. (2) 631, writ refused. Provision i3 ala0 lcsde for the refund of the &reater ?ortioA of any taxes that niay b&.d OA any ft.Iel~u~~d with the opuration of air- ii5 comectlon
(al L'e ore of the opinion that 3cid 3tritutca authorize the Operation of all public eirgorts I.A this State in the publio interest and without Imjust disorir?lAotioA or UAreaooAable chargea.
(0) said atntutes are also 3uffio5eAt to insure the proper operation ecd mintenance of 011 public airport3 within this State.
(f) &id statute3 authorize a coilpliance with all of the lams of-the 5Aitad States and Amy re&.atioAs made thcreunaar for the ex+nditure of federal monies Uson airports and other air navigatior. faoilities; therefore, we a-e of the opinion ,that airport3 developed with Federal Uid can be zmde available for unrestricted use by United States Goverruaont aircraftwithout oharCe other thaan aA~amount sufficient to cover the cost of repairing danage done by suoh aircraft, if this be required under the laws of the United States. de fir.d no statute specifically authorizing the 'installa-
(g) tion at each airport for which lederal funds have been provided a standaid accounting aAd fiscsl system satisfadtory to the reporttic but it is our O#.A~OA that sme is incldelitelly au- Adrdnistrstor, thorized, '-
The Texas Aeronautics COL&.SS~OA is sutiorized by k3d.g statute3 to enter into any cootract mceaaary to the execution of the pov:ars granted to it, but it ha3 no authority to biAd the state of Texa3 for then payment of any abni~s that have not been 3geOifi- It doaa aally authorized by appropriation of tiie Legislature.
have authority, Lowever, to act es azentof any municipality, or other person or persona, IA contraotiog for the aCquiaitioA, construction, i;aprovomeAt, naLnteAaAoe, or operation of airports or other air navigation faollitiea, fin&Aced either iA whole or j.~ part by federal aoniea, If authorized'to do so by 3uoh mAi- cipality,~ pera$A,or persona.., It ia our opinion, therefore, that said Co&sai,on is authorized t0 enter intO COAtraOts with the .‘ *19 , _ [*]
Eon. A. ;;'. i:eadowa, ,page 19 *
Civil Aeronautios CozmisaioA in3uriiq the 'proper LWidteACACe arid protuotion of airports aOv010pd with Yederol aid and thtilr opcrc- tiOA in the public interest, if and xS,cA authorized to do ao by suoh munloipality, person or TArsons 2nd when a8r.w is in ac- cordame with federal laws, ml63 c::< rc:.;uletions ana with the Aot creating said Texas Aeroxutios iZozi3~ion.
Your atteztiorr ~ik dirtictt-2 to tile fact, hxovcr, that the ospezidittire of fedeiol zonief. i!z cam;;1;:; out ti;i i:ctioc&l Airport Plnn.will likely be ~assod ups by fedezci mthoritiea nrd mny questions nay be zizcd t2a.t xi11 cot cxz viit:liA tile above general nroKers ta the zsttcrs subd.ttcd by SOU. wc:I outhorities i there-
may clso uot apee rdth our co..,, --tsuctioG 31: t!xz 3tc:utea; ocot qucstlor. raised in the fore. it PSGF be rLeoessary to coxid~r handling of-different alGports.
Youra very truly, Jaq, 2. ,3assett .USiStaAt