OFFICE OF THE ATTORNEY GENERAL OF TEXAS 

It 

: AUSTIN 

c, YIPaN 

mrrnHnnorable Julian E. Veisler 

County Attorney 

Washington County 

Brenham. Texas 

Bear Sir* 

Your reoent reque 

on the above stated qpmtio 

of land to be used 
Wnorable Julian E. Welsler, Page 2 

county might use funds from thla fund for the 

purohase of the airport site. 

l * l l , 

"The funds on hand ln the pemmnent lmprovement fund are the acoumulatlon of taxes 

aaaessed and oolleoted for permanent inprovemerits, snd aertrlnly the airport vi11 be an 

improvement of a permanent nature, aud ~8 are 

0r the 0pin10n the l 0%8 0f 000h tund~ tight 

be used for such purpose. 

Artlole 126gh, Vernon's Annotated Civil Statutes, reads 

aLI iomJwsr 

"sec. 1. That the govemIng body of any 

~Ancorporated olty In this State may reoelve 

through gift oc dedication, and ia hereby empovered to aoquire by purchase, vlthout eondemnation or by purahaae throughwndematlon 

proceedings, and theresrfter maintain and operate 

a8 an Air Port traats of laud, either vlthin or 

vlthout the corporate lialts of eueh olty and 

WithIn the Qounty In vhieh ouah oily 18 eltnated, 

the land aaqulred and held by my l uch city 

never to at any one time exceed 4.x hundred forty 

aores, and the Oonmirsloners* Couz4 of any county 

may likewise acqu.Xre, maintain and operate for 

like pmpose tract8 of land vlthLn the llmLt0 of 

the oounty, not to exoeed at any one time sir 

hundred forty aores. 

“Sec. 2. For the purpose. of condemning or 

pur&ae1ng either orboth, lands tobeusedand 

maintained as pzmvlded in Seation 1 hereof, and 

improving Bnd equipping the same for ouch ues~:, 

the governlng body of any olty OP the Oonaatsslonerst 

Court of any county, f3tlling vit&in the terms of 

auoh &,otlon, may issue negotlabX& bonds of the 

oitg or of the couuty;.as the ease wny be, aud 

levy taxes to provide for the interest aud rlnking funds of any such bonds so leaued, the wthorlty hereby 

and levy an2 

iven fen the ieauanae of sucah bonds 

collection of suah taxes to be eserclsed in aceordanoe with tlm provlslone of ffhapter 

1 of Title 22 of the Revised Clvll. Btstutes of 1925. 
, i 

Eonomble JUianB. Welaler?, Page 3 

"Sea. 3. Any Air Port aoqulre uuder and 

bj virtue of the terms of this Aat 4 art. 1269h.) 

shall be under the aunagemant and oontrol of the 

governing body of the city or the Coxnlaalonerat 

Court of the aounty aoqulrlng the same, which Is 

hereby expressly authorlsed and empovered to lmprove,aulntalnandconduotthe same asanAlr 

Port, and for thst purpose to make and provide 

thereln all necessary or fit Uaprovementa and 

fa~illtiea and to fix auah reasonable ohmgea 

for the use thereof as such governIug body or 

ComnIaalonera* Court ahall deem fit, and to make 

rules and regulations governing the use thereof. 

All proceeds from auoh ohargea ahall be devoted 

exoluslvely to the rsintenanoe, up:-keep, *rovement and operation of aueh Air Port and the faoilltiea, atrueturea, and iaprovementa thorbin, 

and no city or county ahall be liable f&r lnjurlss to pemona resulting from ar cauaetJ by 

any defective, unsound or unsafe *oMItion of 

any such Air Port, or any part t&or&of, or thing 

of any charaoter tJmvln or resulting from or 

oauaed by any negligenoe, va.nt of rrkill, or laok 

of Oare on the part of any governing Board op 

ComaIaalonerst Court, offloer, agent, servant 

OF employee or other person vith refersabe to 

t&a oonatruction, improvement, management, oonduct, or aPlntenawe of any auoh Air ?ott or 

any atructure,'lmprovement, or thing of any 

oharacter whatever, located thereti or oonneoted 

thercnrith. 

"Sec. 4. That In addltiti to and exclusive 

of any taxes which may be levied for the interest 

and slnklng fund of 

authority of this Act 7 

bonda Issued under the 

Art. 1269h.) the governing body of auy oity or the GomaIaaloners* Oourt 

of any county, falling vithln the terms hereof, 

may and is hereby empovered to levy and aolleot 

a special tax not to exoeed for asy one year 

five cents on eaoh One lhxndred Dollars for the 

purpose of improving, operating, mslntalningand 

oonductlng any Air Port vhlah aueh olty or 0 unty 

may ao uLre under the provlsioa of this Aot 

'f 

7 Art. 

126921. ,and to provide all sulta J.e 

and faollitl 

&%?&&a.) 

Provide t 

atruettwea, 

that nothlng 

in this Act shall be construed as 

authorlaLng any city or county to exceed the 

limits of indebtedness placed upon It under the 

Oonatltutlon.D 

. 
606 ,j 

Honorable JulIaa E. Uelaler, Page 4 

The above quoted Strtu$e Is ruthcrlty for the CcmmIaaIonera~ Court of your Oounty to bq or aondemu land and 

eatabllah therecn au rlrpcrt. The money for arid purposes 

may be obtained by the Iaauanoe of bonds as provided for by 

said Statute. Suoh Bonda, If Issued, would be a charge agalnat the pemaamnt Improvement fuud df the oouuty. Hovever, 

ainoe Yi8ahbgton Gounty has cm hAnd 8uffIclent funda In the 

Permanent Jhpovamnt Pund with vhich to purchase the alto for 

the airport, as stated in ycur request, we know of no reason 

why the oounty my not purohaae the alto and pay for same cut 

0r said fund. 

Fruatlng that the foregoing fully aqavera your Inquiry, we ars 

Tours very truly 

A~oitJlHY~0?TxAa 

Jz.+&uLL 

By 

Ardell Williama 

Assistant 

t