Case Information
*1 OFFICE OF THE ATTORNEY GENERAL OF TEXAS AUSTIN
Honorable H. 8. Virgil Crawford
County iittorney, Tarry
Brownf ield, Torae
Dear Sir;
ttar July 9, rtcmit upon the feld, Texas, 6 320 Qaro o be usmd for an air- owned and oontrollsd order to aoquire h Is about the only nsd, it wlll b-a aeoes- tion or 640 am48 lo one e OS the county and oity 8 040 aoree and then eel1 the to a private lndlvfduel. eked y or Terry County the city
purohase the 320 aarea not desired rt and then turn around and sell it tnd1vldusl without profit lose on mlae?”
Your question has two fsaturer, nemlp: whether the oounty and oitg my sot jointly in puroheslng and operat- ing an airport; and, whether aurplua land aoqulred for airport PurPoees may be sold without profit or loss.
1219 _ It in l lamentclry, 0r course, that ootmtle8 aot through their governing bodies, tha oomlaelonerr~ oourt, whose authority 1s not plenary but strlotly llaltsd to the powers expressly or Lnplfedly oonierred by law. Authority to establish and mlntaln airport8 fe contained in Article 1269h, Vepnon*e manotated Civil Statutes, which provldss in part:
“Seotlon 1 &That the governing body of any lnoorporated city in this State may receive
through gift or dedloatlon, la hereby em-
powered to aoqulre, by purohase without oohdansa-
t.j,on or by purcheet through coabnaatlon proassb-
lngs, and thereafter maintala and operate ae sn or lease, or sell, to the Federal Govern- airport, ment, traots oi lend either within or without the
corporate lfmlto or such olty snd wlthln the county in whfah suah aity is situated, tand the Commisefou- em* Court of any county msg likewise aoquire, main- taln and operate like purpose traote of land
within the limits of the couaty.
"'B - That the governing body of any lnaor- pomted olty in this Stste my receive through and is hereby empowered to
girt or dedication, by purohass without oondemmtioh, acquire
thOreUiter tiintaln and operate as an airport, or lease, or sell to the Peaeral Goverment, traots of land without in which alaoh oity is the county
sltutited, provided said traota are not within
five (3) tiles of another incorporated olty that
hzs a population of more than flitem hundred
(1530) people, aoeordlng to the last preoedlng
yederal Ceoeua,
“C - Thzt the governing body Of any inOOr- porated aity in this titnte may, and is hereby
erapowered, to aoqulm through oondemnatlon pro-
ceedinea, traotn of land located without the in which said city is loaated, provided
said traots of lend are within six (6) miles of
the county boundary of the county in whioh said
olty Is located, and ore not within five (5) allee of another lhoorporeted city having a population
in excess or f lttaen hundred (1500) people, au-
ii0nor;lble n. a. vlr@ cruwrord, paga 4 the QU~QOS~ 0r condom-
WSOO. 2. (a) For ihg or Qurohaeing, either or both, lande to be
use& and Paiotalned as prOVided i!l SeCtloh 1
hereof, and i.aQroving and equ1ppb.x the 3am for
ouoh use, the governing body 0r any city or the
Co.-J3lia~tonerv Court Or my oounty, falling with-
in the teriuv or such Seotlon, my iS3ue negotiable
bonds 0r the city or the county, 90 the oaae my the intereat and be, and levy taxes to provide linking ruhdo or any such bon&e BO issued, ? he au- thority hereby given for the issuanoe Or such bonds ana levy and oollootion or snah taxes to be oxer-
oiaed in aooordanae with the provlslons or Chapter 1 or Title 22 or the &vised Civil Statutea of 1925.
"l * *
'Sec. 3. Any Air Port aoqoired under and by virtue or the term of this Aot shall be under the manage~mant and oontrol of the IgovernIng body of the olty or the Co:mlssloners* Court the county 90- quiring the mm, whloh la hereby expresely authorlz- ed and enpowered !:o lfaprove, malntaln conduct
th6 3aa as UP Air Port, and for thnt purpo3e to make and provide therein all neoeosary or rlt lmprove- nents und raollltleo end to rix suoh reasonable oharaes tor the u3e thereof a8 such governing body or Co.mla- 8loners' Court ehall deem fit, and to make rule8 and regulations governing the use thereor. All proceeds iroe. suah chkrgea shall be devoted exolu3lvely to the m&itenmoe, up-keep, lnprovonent and OpfWrstloh Of f such .iir Port a%d the faoillties, structuree, l=prove:uente therein, and no oltp or oounty s&l1 i. be liable lnjuriee to barsons resulting from i f; or caused by any defeotive, unaound or uneare oon- dition or any 3uoh Air Port, or any part thercot,
? or thing of any oharaoter therein or resulting from Or caused by any negllgenoe, rant of skill, or lmk lj Of Care on the part ot any governing Bor;rd or Co+
missionere' Court, orriaer, agent, servant or em- ployee or other person with referenoe to the con-
atruction, lmproveinent, mahagement , conduct, or or any euoh i&r Fort or any structure,
~kitenanoe ir;L3rovezent, or thing of any chsrscter whatever,
l2cated therein or aonnooted thererlth. * * **
cording to the last prraedlnf4 Federal Census; sn& that said olty :aay thereaftar maintain and operate aa an airport, or lease, or sell, said tracts to the Federal Goverment; provided, how- ever, that the @ant herein made to POWire land through condemnat ion prooeedlnge, rlthout in whioh said olty Is located, shall expire on December 31, 19412, but that tracts Of land acquired prior to that date, and under the authority oi this kct my continue to be oper- ated, leased, or eold, ae provided in this Act. “D - In addition to the power herein granted, the Comlasioners’ Courts of the eevsral ooun- tlea or thla State are hereby autborlzed to lease any airport that may be aoqulred by the county, a8 herein provldea, to any lnoorporated OltY or munloipallty wlthln such cou::ty, or to the Federal Govermcnt, ior the purpose oi maintainin& operating an alrgorti and provided further that any ttio~q.oporated city having aoqulred land for an airport, or aa airport, under the authority or thla Aot, shall have the right to leaee said land or said airport to the county in which said incorporated olty 18 loarted.
“E - In addltlon to the power Bshloh it may now have, the governing body of an incorporated olty vholl have the power to sell, oonvey, or lease, all or any QOrtiOn8 ot any airport8 here- tofore established or that may be hereartor es- tabllehed, or any land, acquired under the prod- siona or this .4ct, to the United States of America any purpose deemed by the Government or the United State6 neoeasary ror National 1)eiense, or for air mall purpo6e8, or any other publio pur- pose, to the aate oi Texas, or any branch of the State Government, or to any other person, rlr0, oorporatlon, to oarry out any purpose necessary or lnoldental to Rational Defense or training incidental theretoi and th?t such govern- lag body shall provide rules and regulations ror the proper nsn or any such airports in connection with the purposes rtated herein.
Xonorabls fi. 8. Virgil Crawford, pug* 5
There are zany lnetanoaa In whloh the Legisla- har authorized oountlaa and altIe to oooperatb with
ture eaoh other in undertaking tarLou projsota. glthout at- to br exhnuetiw, we note for exmple thut Arti- tempting 018 4434, Rsvioed CIrIl iStatutes, 3rovldes for their oooprra- tlon In making Impmreaentr nrao~ssary to Iriarovs the pabllo health and promote sanitary regulations; &lo18 Qu- vidrs ror their oooperatlan in ereotln$ brldces; Art1016 MO8 provider for their oooperation In eatabllahlng a for their oooparation hoapitall Article 6018e provides in rstabllrhing perks end srticlr 4436s. V.A.C.S,, dooperation rbreorer , in the formation of a olty-aounty health units, Artlola 52480, V.A.C.S ., provides that oitlss and oountleg, my jointly aoquiro lands for the use of the Federal Covera- nlent.
Artlole 1209h, V.A.C.S., however, da88 not Pro- vldr the joint acquisition, ostabllehmnt and Inafnten- anoe of ari alrport. It provides that alther a olty a land for airport purposea in the manner oounty my aoqulro and Seation 5 proridar that an sirport 80 ao- specified, qulred shall br under the managaxent and oontrol of the governing body of the olty or the @ommiaaionera* oourt of the county aoqulrlng sane. While one say lsnar to other, (%otlon l-D, Article 1269h) there are no pro~lsIone joint aotion.
In Opinion No. O-1000 this departmnt held that, legialativs authority laoklng,a oity and oounty 0oul.d not legally enter into a partnership agreement to purohase a motor grader ior road and street repair work.
In Opinion No. 0-2go'ol this dbpartaent held thst
a oounty oomleolonera~ aourt wae not authorized, leglelatlve authority laoklng, to enter into a oontraot and partnership with a city and expend oounty funds ior the ooaatruotlon aquipsent of a alty-aounty jail; aad la Oplnloa MO. 04985 We hrld that Aavarro County had no authority to cooperate with the City of Corsiosna in establlshlng and maintaining a QitY-QOUnty health unit,
Under Artlole ledOh efthar a oounty or a city
Say eatabllsh mIntain an airport but the method6 therein Provided are rxahsioe (Porter Y. City or yiaao, (Sup. Ct.) eSS 3. W. 1104); aad there is no legisletlvo authority ior *6 ,. . 125 n. 3.. Virgil Cr,awford, page 6
wuuciiole It followa that In our opIaioa Terry aoaoerted aotloa.
County Browafield, Texas, say not jOIatlY aoqulrr and operate an airport.
Your second question is whether or not Terry County say aoquire 320 acres not needed for na airport, (but which must be aoqulred la order to obtain the desired 1-d) sad then sell the sane to a prirste individual without profit or loss.
;srtlalo 1269h, supra, ooatalas smple authority Terry County to purohass a&port property by purohasr without aondeaaatlon or by purahaso thsough aondemmtlon It ma employ Its permanent lmprovs~neat fund
roceedlngs. Oplaloa NO. 04312 f or It may Issue bonds. Article 1577, Revised Civil Statutee, provider authority for the erals of oouatf realty and spealfles the maaer of its dlspoaltloa.
Sea Soalf Y* Collla Count&(Sup. Ct. J 16 9. X. 314. the quo&ion oi whether not
In our oplalon Terry County should purohass 040 aores IA order to obtain a aholoe 320-aare airport site, with the Idea of disposing of the 320-aora surplus without profit or 105s to the oounty Is an adnlalstratlvs rather than a legal problem. If, In the ererolse o? their good buslneas, judgmnt and sound dlsoretlon, the Terry County Comlssloaers’ Court btlleves It best to ob- tain the 640aore tract by purohsse wltbbut oondemaatloa (sell- ing without profit or loss the 320-aare surplus) rather than obtain the 320-aore traot by ooademaatloa, we know OS ao legal objeotlon. The problm arlsiag in Moore v. Cordon, (Clr. APT!.) 122 S. fl. (8d) 239, Xrlt Dlsmlae4td, does aot present itself for all 640 aores will not have been dedioated for the use of tha publla as aa airport.
The problsm,as we am It,18 the best way IA whloh to obtain the 320 aore airport and thnt problem Is one oalllag for the exeralse of thr CoacllasIonero* Court’s good business W&mat.