KNEBIT GENERAL OF XAS

March 10,1971

Mr. R. T. Harris, CountyAuditor Mr. Ed Keys, CountyAttorney 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 letteryou 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, validwhere said acreage is owned'by the City of Monahans, Texas. It has previouslybeen leased by said City to the Monahans Country Club, said lease had been donated by said club toWard County, Texas, and said acreage, and themanagement thereof, Is controlled absolutelyby a Bureau established by the Commissioners'Court ofWard County, Texas, under saidArt. 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:

"Article1015c-1. Recreationalprograms 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,operationand support of public recreational facilitiesand programs by local governmentunits of this State either singly or jointly.

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Mr. Ed Keys (M-804)

Definitions Sec. 2. As used in thisAct: (a) The term 'governingbody'means any city council, city commission, county commissioners court, or otherbody acting in lieu thereof. (b) The term 'governmentalunit' means any city, town, or county. (c) The term 'board'means any board, commission, committee or councilappointed or designated to carry out the provisions of this Act.

Recreationalpowers Sec. 3. Any governmentalunit may establish, provide, acquire,maintain, construct, equip, operate, and superviserecreational facilitiesand programs, either singly or jointly In cooperationwith one (1) or more other governmentalunits. Elections Sec. 4. Any govermmentalunit may submit the question of whether it shall exercise the powers conferred in Section 3 to an election of the qualified electors of suchunit. Finances Sec. 5. Any governmentalunit 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 providedby law for the establishment or the operation of parks and recreational facilities. D . .

Administration Sec. 6. A governfng body may administer and operate recreational facilitiesand programs through a bureau or department of recreation or through a board established jointlywith another governing body. .o. -3906-.-

Mr. R. T. Harris, page 3 Mr. Ed Keys (M-804)
Acceptance of gifts Sec. 7. Any governmentalunit 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 permanentuse for the establishment, operation, or support of public recreational facilitiesand programs. Limitations Sec. 8: This Act shallbe cumulativeas to all laws, ordinances,and charttrprovisionsrelating to public recreation and parks. Leg., P. 1179, ch. 458.) (Acts 1955, 54th

It is the opinion of this office thatWard Countymay., under the authority of thisArticle 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 supervisea 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 countymay 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 countymay accept the leasemade the subject of your request and may accept a gift or bequest of money, either principal or income, or any other personalproperty for either temporary or permanentuse 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 submittedwith your request, Ward County or an agency of the countymay 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 lesseeunder a valid lease from the Monahans Country Club, the city9 lessee. Ward Countymay pay costs and expenses of maintaining the golf course from the general revenue fund, The countymay accept a gift ofmoney or personalproperty for use In maintaining the golf course. Very truly yours, CRAWFORD C. MARTIN Attorney General of Texas

By Preparedby James S. Swearingen AssistantAttorney 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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