TICTIE 

OFTEXAS 

July 5, 1950. 

Eon. Rdger Hutchins 

County Attorney 

Hunt county 

Greenville, Texas 

opinion AO. v-1078. 

Re: The authority of the 

Comlu~ssioIlers ’ court 

to devote the balance 

of proceeds of a bond 

issue to acquire and 

improve an airport to 

repair former airport 

buildings wbfch are now 

tb be used for county 

Dear Blr: fair purposes. 

Your request for an opinion IS as follows : 

“In 1942, Hunt County ordered a bond 

Issue for the purpose of ‘acquiring and improving an Air Port. @ The County acquired 

some 1,500 acres of land to be used as an 

Air Port and entered into a lease contract 

with.,the United States Government under the 

terms of which generally, the Government 

agreed to establish an Air Field, and it 

established Ha j ors Field, p eragraph 12 of 

that contract is as shown by copy attached 

hereto . Subsequent to this oontract the 

County and the Government entered into two 

other contracts copies of whioh are attached hereto. In July 1947 the Government with 

the permission of Hunt County assigned its 

lease contract to the City of Greenville. 

“The City of Greenville is willing to 

assign, if it has not already done so, to 

the Hunt County Live Stock Assoolation, 

which is a non-profit organization, the use 

of saue five or six buildings to be used 

for County Fair purposes. Hunt County sold 

its bonds and used the funds In acquiring 

the real estate leased to the Government. 

;zt.as some $~,OOO.OO left with this bond 

. It Is very necessary that these buildings be repaired if they are to be permanent 

buildings. The lease to the Government which 
Hon. Edgar Hutchins, page 2 (v-1.078) 

;;slF6n assigned to the City expires 

. The Commissioners Court wish 

to be informed whether it may use this 

$~,OOO.OO in repairing hese buildings 

and that question is sll ti4 Itted to you. It 

It is well settled in this State that the 

proceeds der$ved frap the sale of bonds must be devoted to the purpose for vhlch the bonds vere issued 

and no other. Lewis v. City of Fort Worth, 126 Tex. 

604, 89 9 .W .2d 975 936) * Simpson v. City of Racoqdoches, 152 3.W. 85 ‘(Text Civ. App. 1913, error dism. 

In 1942 bonds were issued by Runt County 

for the purpose of “acquiring ana improving an airport for said county.” It la our opinion that the 

proceeds of the bond issue can only be used for that 

purpose and not for the purpose of tmprovlng buildings used for County Fair purposes. Since it Is contemplated that these buildings are to be used for 

County PaI* purposes, It Is our o Inion that the Dcmmissioners I Court cannot expend $ g ,OOO.OO of the bond 

proceeds for repairing these buildlngs. 

We express no opinion as to the authority 

of the county to lease the airport facilities in 

question to the Hunt County Livestock Assoclatlon. 

SUbQilARY 

Proceeds of a bond issue for the 

purpose of “aoqulrlng and improving an 

airport” cannot be used to repair bulldinns to be used for Counts Fair purposes. 

LeGis v. CLty of Fort Worih, 126- Tek. 

CFtG 4 89 of iiI&ioches 2 975 ( ‘152 936) 

Civ. App. 1913, err& dism.). 

APPROVED : 

J. C. Davis, Jr. 

County Affairs Division 

Joe R. Greenhill 

FLrst Assistant 

Yours very truly, 

PRICI! DAHIEL 

Attorney General 

Price Daniel 

Attorney General 

JR :mw : jmc 

Assistant 

1.