KNEBIT GENERAL 

OF XAS 

March 10, 1971 

Mr. R. T. Harris, County Auditor 

Mr. Ed Keys, County Attorney 

Ward County 

Opinion No. Md 804 

Monahans, Texas 

Gentlemen: 

Re: Authority under Article 

1015~4, V.C.S., for 

Ward County to operate 

a public golf course 

on land owned by the 

City of Monahans. 

In your recent letter you requested the opinion of this 

office on the following question: 

"Is the operation of a nine-hole golf 

course (park) under Art. 1015c-1, R.C.S. by 

Ward County, Texas, valid where said acreage 

is owned'by the City of Monahans, Texas. It 

has previously been leased by said City to the 

Monahans Country Club, said lease had been 

donated by said club to Ward County, Texas, 

and said acreage, and the management thereof, 

Is controlled absolutely by a Bureau established 

by the Commissioners' Court of Ward County, Texas, 

under said Art. 1015c-l?" 

Your inquiry is governed by the provisions of Article 

1015c-1, Vernon's Civil Statutes, the relevant portions of which 

are copied below: 

"Article 1015c-1. Recreational programs 

and facilities; establishment, by counties, 

cities and towns, jointly or singly, authorized 

Purpose 

Section 1. The purpose of this Act is to promote the establishment, operation and support of 

public recreational facilities and programs by 

local government units of this State either singly 

or jointly. 

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Mr. R. T. Harrls, page 2 

Mr. Ed Keys 

(M-804) 

Definitions 

Sec. 2. As used in this Act: 

(a) The term 'governing body' means any 

city council, city commission, county commissioners 

court, or other body acting in lieu thereof. 

(b) The term 'governmental unit' means any 

city, town, or county. 

(c) The term 'board' means any board, commission, committee or council appointed or designated 

to carry out the provisions of this Act. 

Recreational powers 

Sec. 3. Any governmental unit may establish, 

provide, acquire, maintain, construct, equip, operate, 

and supervise recreational facilities and programs, 

either singly or jointly In cooperation with one (1) 

or more other governmental units. 

Elections 

Sec. 4. Any govermmental unit may submit the 

question of whether it shall exercise the powers 

conferred in Section 3 to an election of the qualified electors of such unit. 

Finances 

Sec. 5. Any governmental unit may pay costs 

and expenses of carrying out the provisions of this 

Act from the general revenues of the unit, or from 

other revenues now provided by law for the establishment or the operation of parks and recreational 

facilities. D . . 

Administration 

Sec. 6. A governfng body may administer and 

operate recreational facilities and programs through 

a bureau or department of recreation or through a 

board established jointly with another governing 

body. .o. 

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Mr. R. T. Harris, page 3 

Mr. Ed Keys 

(M-804) 

Acceptance of gifts 

Sec. 7. Any governmental unit may accept any 

grant, lease, loan or devise of real estate, or 

gift or bequest of money, either principal or 

income, or any other personal property for either 

temporary or permanent use for the establishment, 

operation, or support of public recreational 

facilities and programs. 

Limitations 

Sec. 8: This Act shall be cumulative as to 

all laws, ordinances, and charttr provisions relating 

to public recreation and parks. 

Leg., P. 1179, ch. 458.) 

(Acts 1955, 54th 

It is the opinion of this office that Ward County may., 

under the authority of this Article and under the facts set 

forth in your request, Including full control and operation of 

the golf course by a Bureau or agency of Ward County, accept 

the lease donated by the Monahans Country Club and may, at the 

discretion of the county, establish, provide, acquire, maintain, 

construct, equip, operate, and supervise a public golf course on 

land covered by said lease, provided that the Country Club of 

Monahans has the right under its lease from the city to sublease 

the land, or has received the consent of the city to such sublease. 

Under Section 5 of Article 1015c-1 the county may pay 

costs and expenses of carrying out provisions of the Act from 

general revenues, or from other revenues provided by law for 

the establishment or the operation of parks and recreational 

facilities. 

Under Section 7 of Article 1015c-1 the county may 

accept the lease made the subject of your request and may accept 

a gift or bequest of money , either principal or income, or any 

other personal property for either temporary or permanent use 

for the establishment, operation, or support of the golf course. 

SUMMARY 

Under the authority of Article 1015c-1, V.C.S. 

and under the facts submitted with your request, 

Ward County or an agency of the county may maintain 

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Mr. R. T. Harris, page 4 

Mr. Ed Keys 

(M-804) 

a public golf course on land owned by the City 

of Monahans where the county holds the land as 

lessee under a valid lease from the Monahans 

Country Club, the city9 lessee. 

Ward County may pay costs and expenses of 

maintaining the golf course from the general 

revenue fund, 

The county may accept a gift of money or 

personal property for use In maintaining the golf 

course. 

Very truly yours, 

CRAWFORD C. MARTIN 

Attorney General of Texas 

By 

Prepared by James S. Swearingen 

Assistant Attorney General 

APPROVED: 

OPINION COMMITTEE 

Kerns Taylor, Chairman 

W. E. Allen, Co-Chairman 

Bob Lemens 

Austin Bray 

Roland Allen 

James Quick 

MEADE F. GRIFFIN 

Staff Legal Assistant 

ALFRED WALKER 

Executive Assistant 

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