. ,, -. .- - 

:,.. .~ ,’ “@~, / s 

OFFICE OF Tw .Al+ORNEY GENERALS OF %XAS 

AUSTIN .,~ 

GROYER SEUERS 

rnurwq acwr+r. 

.) 

Honorab1e.A. W; Meadows, Director 

Texas A~ronautios~'Comnisslon 

] 

-Senate Chamber .._. . _' 

Austin, Texss ,. .., ;.: .' 

.Llh3ar sirr .-, :. . 

‘- 

The foll4mln 

deral aid -is': . : 

roval of'the ~. 

osas toscope: ::: . 

orm to civil 

. 

Establlsd an8 empower an OifXcial. or ~XL 

0rfiaial:bod.y .eeguippe~ to iapnauct ita 

zshare or. the prografn. ‘. .., ; .: .~ ‘.. 

.’ .’ 
Eon. A. W. Keadowa, page.2 

“’ (b) 

“‘(cl 

no* (a) 

“‘(e) 

“’ (fl 

“‘(I31 

Have legislation adequate for the de&ring 

an& protection of airport approaohes, ~5 

such other legislation cs may be neoessary 

to vest in ito politic&l subdivisions all 

powers necessary to enable them to participate through the State as sponsors of 

airport projects. 

. . 

Rave no special tax on aviation fnollities, 

fuel, operations, or businesse,s the proceeds 

of which are not used entirely for,aviatlon 

pprpoaes. 

Insure the operation of all public airports 

within its jurisdiction in the publio Interest, 

without unjust discrimination or unreasonable 

oharges. 

Insure the propsr operation end maintenance of 

all public airports within its juHsaictlon. 

Eake airports aevelopea with Feaeral aid available for unrektricted use by United States Government aircraft without charge other than an amount 

sufficient to cover the cost or repairing damage 

done by such aircraft. 

Requlke the installation at all alrports.for 

which Federal fun&s have been provided of a 

stander& acoounting ana fisoal reporting system 

satisfaotory to the Auistrator.. 

"'That sponsors bZ projects be required to enter into 

contracts with the Civil Aeronautlos Admlnistratlcn 

insuring the propermeintehence and protection of 

airports daveloped with Federal aid.ana their operation 

in the public interest.' 

W1l.l you plea&e inform this offioe if the statutes of.. . 

the State of Texas will meet all the requirements quoted 

in the above paragra$s?‘t 

The 49th Legislature passed an Act relating to aeronautics, 

(V&non's Texas Session‘Lew Service , pp 5SC-5Cg) wLioh beonae offective September 3, 1945. This Aot.providcs for the Texas 

Aeronautlos Commission to consist of three members. The purpose 

of said Act and the powers given said Coml5aion are as follo~~s: 
* ‘. 

. . 

’ . 

-. 

‘, 

"880. 2. Deolaration. i- 

:Xt is hereby deolared that the purpose of this 

Act Is to further the publio lnte.rest an@ aeronautical 

progress by providing for the protection',:ana promotion 

snd'bevelopment of-aeronautlos; by cooperating in.ef- 

- 

fscti-ng a uniformity of the laws relating to the aevelcpmant of aeronautlae Ln t&e several states; by revialng’. 

.~ . . 

j' 

exietin&statutes relative to-the develppment and regu- . 

latlon of aeronautics so as to grant-to :a State agenoy 

such powera and impose upon it such duties that the 

State may properly perform its functions relative to 

aeronsutios cilia effectively exercise its jurisaiotion 

over persons ana proper.@ within suoh jurisdlotion, may 

~asaist~in'the promntion of a state-wide system of air- .. 

.. ports, may~cooperate with and assist the political 

. subaioisiona of this State in order thaC.those engage& 

ill reron~utloe of every oharaoter tiy-ao-en&age with . . 

.:. the least posei’ole~rrestrictioas consistent with the : 

safety ana the rights of other person or persons; 'ana .. 

..' by providing for ooopertitlon with the~federal. authorities ' 

,. 'in the aevelopaent of a national systdm of civil aviation 

arid fdr aoord%uation of the aeronautical aotivities of 

+'thaae f&horlties antl'the authorities of .this St&e \jy 

asslstin& in acoo@pllshing *-he purposes of federal iegb- . 

'.. .lation ana .eliminatine; <rostl.y aa .unneoessary.auplSoation 

~_. Of fnnotione pxoperly.in the _orovinoe of the Peaera 

:. 

: agenoiesb !. -. 

. 

~.. u**‘* , j.. : 

Wjo. k.. .Gderal l?owore and3Ntles of Comnission.-- 

. *subalvision 2. The~Comm5.sezi.o~ is empowered an& 5' 

directed to encourkge, fost&r,.ana assist in'the develoti 

'me&or aeronautios d.n this State, anb to enoouragf, the 

'~~~‘~establlshment of airpdrts and other'air navlgatlon 

: ,faoiUtlee; but w&U n6.t have-authority to promul&a.te 

c rulea and regulations which ,may impose a greater restrid- . 

; . tion upon qvtatlon than now k&ids, end shall have no 

authbs'lty tom lmpoae eoonpmia~ oontrol by way of regulationaI-5 , 

*sub8loislon .2. Legisl.ationr..It maj, rhommend neoessary legislation to sdvanoe the interests of the State in 

aeronautics' anb.represent the State in aeronautioal matters . 

before federal agenaies and other State agenOieSw 

l 
. 

,~ ” . 

Hon. A. \?. LieadOWs, page 4 

.I.. necessity within the state of Texas. 

YSubaivision 6. The Commission shall c&duct 

hearings snd shall make investigation as it may de& 

necessary for the purposes of determining the looation, 

type of oonstruotion, and the cost to the state of' 

Texas of maintenance of emergency and all other classes 

of airports owned, operated, or directly financed in 

. whole or in part by the State within the State Of 

Texas. It shall render assistance within its power, 

not inconsistent with this Act, to any suoh subdivisions of the State in procuring such aid as the 

federal.goverhment nay grant for the purpose oi 

eetabliehing and maintaining airports. '.- 

*Subdivision 3. Financial Assistance. The Commission may render financial assistance In the aoquisition, devclonmcnt, operation or maintenanceof 

airports out of appropriations made by the Legislature for that purpose. 

*Subdivision 4. Authority to Contract. It may. 

enter Into any contracts necessary to the execution 

df the powers granted it by this Act but shall have 

. no authority to enter into any contract or agreement 

binding the State of Texas for the payment of any 

monies which have not been speoific&lly authorized 

by appropriation of the LcCislature, nor shall it . 

enter Into any oontraot or a;:reement binding the 

. . State of Texas in excess of the pov?crs herein 

granted. 

Vubdivision 5. The Commission 5kall have no : 

authority to issue certificates of convenienoa and 

"Sec. 7. Fedsral Aid. 

Subdivision 1. Cooperation with Government. 

The Commission is authorized to cooperate with the 

Government of the United States, and any agenoy or 

department thereof, in the acquisition, construction, 

improvement, maintenance and operation of airports 

and other 'air navigation facilities in this State, 

and to comply with the provisions of the laws of 

the United States and any regulations made thereunder for the expenditure df.federal monies upon 

such airports and other air navigation faoilities. 
” . 

Hon. A. IV. Liesdows, page 5 

"SubdivisLon 2. kuthority to Xeceive Federal 

konies for State and Xunioipalitles. It is authorized 

to aocept, receive, and receipt for federal monies and 

other monies, eithar public or private for and in be-. 

half of this State, or any,municipality thereof, when 

authorized by the municipality to do so for the acquisition, construction, Improvement, maintenance, and 

ogoration of airports and othar air navFCatlon facilities, whether such work is to be dono by the State pr 

by such municipalities or any other politics1 subdivision of the State of Texas aided by grants of aid 

from the United States, u?on such terms and conditions 

as are or may be prescribed by the Laws oft tne United 

.Statcs and any rules or regulations made thereunder, 

and it is authorized to act as agent of any municipality 

or other personsor person of this State upon the request 

of such munici,pality, orperson or persons In accepting, 

reoelving, and receipting for such monies in its behalf 

for airports or other air~nevigation facility _?urposes, 

and in oontractlng for the acquisition, construction, 

improvement, maintenance, or operation of airports or 

other air navigation facilities, financed either in 

whole or in part~by federal monies, and the governing 

body of any such municipality or other person or persons 

is authorized to designate the Commission as its agent 

for. such purposes and to enter into an agreement with 

it prescribing the terms arid conditions of such agency 

in accordance with federal laws, Tules, and re,qAstions 

and with this Act. Such monies as are paid over by the 

United State8 Government shall be retained by the State 

or paid over to said municipalities or other person or 

persons under such terms and conditions as may be j+nposed by the United States Government in making suoh * 

grants. .~~ 

**subdivision 3. Contracts - Law Governing. Al.1 ' 

oontraota for the aoquisition, construction, tiprovement, maintenance, and operation of airports, or other 

airnavigation facilities made by the commission, either 

as the agent of this State or as the ag%nt of any munioi- 

.pality or other person or persons shall be~mada pursuant 

to t;?e laws of this State, Governing the making of like 

contracts; provided, however, thatlnhere the acquisition, construction, improvement, mcintenanoe, and 

operation of any airport, landing strip, or other air 

navigation facility is financed wholly or psrtially with 

federal money, the Commission, as agent of the State Or 

of any municipality or other person or persons thereof, 

may let contracts in the Iiltrnncr prescribed by the federal 

authorities, acting under the laws of the United states, 

and any rules or regulntions made thereunder, notwithstanding any other State law to the oontrary. 
Hon. A. W. Xeadows, page 6 

"Subdivision 4. Disposition of Federal Funds. AlI 

monies accepted for disbursement by the Conmission pursuant to Subdivision 2 of this Section shall be deposited 

in the State Treasury, and unless-otherwise prescribed by 

the authority from which the money is received, kept in 

seJerate funds, designated aooording to the purposes for 

which the monies mere made available, and held by the 

State in trust for such purposes. All monies are hereby 

appropriated for the purposes for which the same were made 

available, to be expended in accordanoe with federal laws 

and regulations and with this Act. The Commission is 

authorized, whether acting for this State or as the ageat 

of any of its municipalities or otiiGr.person or persons, 

or when requested by the United statas Government or any 

agenoy or department thereof, to disburse suoh monies for 

the designated purposes, but this shall not preclude any 

other authorized method of disbursement." 

Artiole 1015c, Vernon's &rnotatea Civil Statutes, :>rovides 

in part as follows: 

*Section 1. All cities and towns, including Xome 

-Rule cities, in the State of Teexns, shall have power to 

build and purohase, to mortSa e and encumber any of the 

hereinafter named. project and 7 or projects, to-v4.t: * * * ' 

airports, and the- land upon which tile same are situated, 

' either or.all, and the income therefrom and everything 

pertaining thereto aaquired or to be acquired and to 

evidence the obLi~3tion therefor by the issuance of bonds, 

,notes or warrants, and to 'secure the payment of funds to 

purchase same or funds with xhich to construct and equip 

the same; 3nd 8s~ additional security therefor,.by the 

terms of such encumbrance, may grsnt to the purcboser 

under sale. or foreclosure thereunder, a franchise to 

operate the projeots herein enumerated and properties 

so purchased for a term of not over txenty (20) years 

after purchase, subject to all Paws reGulatlnC seme 

then in iorce. No such obligation of any such projeot 

and/or projeots shall ever be a debt of said city or 

town, but solslz;a char&e u2on the properties of the 

'project and/or projects so enoumbered, end shall never 

be reokoned In determininG the power Of any such city 

or town to issue any bonds for any purpose authorized 

by law. (underscoring ours) 

.c' nseo. 2. None of the projeots named in Seotion 1 

of this Act, nor the land upon which the same are 

situated, shall’ever be sold until such sale is authorized by 3 majority vote of tho qualified Voters 

of such olty or town1 nor shall the same be encumber%d 

:. 

“_ 

.._ 

. 
Hon. A. W. Keadows, gage 7 

for Olore than Pive'Thousand Dollars ($sOOO), except 

for purchase money, or fuuds with which to construct 

and equip tha.stEe or to refund'ahy existing ihdebtedness lawfully created, mtil authorized in like mnner. Suoh vote in either case shall be ascertained 

at an election, which election shall be held and. 

notice thereof given as is provided in the case of 

the issuance of mmicipal bonds by.such cities and 

towns, *.* *VI 

"Sec. 4. It shail be the duty of the myor of 

such cities or towns to install an& maintain, or 

cause to be iostclled and maintained, 'a coqlete 

system oft records and accounts showing the free 

servioe rendered, and the value thereof, andshowing separately the aE0unt.s expended and/or 

set aside for operation, salaries, labor, materials, 

repairs, maintenance, depreciation, replacemnts, 

extensions, interest and the creation of a sinking 

fund to pay off such bohds ana indebtedness. 

"It shall likewise be'the duty of the superiutendent-or manager of such project and/or projects 

to file with the mayor o? such cities or towns, 

snot later than Tebruary lst, a detailed report of 

the operations of such project and/or D:ojects for 

the year ending January 1st preceding, showing thz 

total sum of money oollaoted ana the balance due, 

as well. as the total disbursements made and the 

amounts rsmaihing.un aid as the result of operation 

of such projeot and P or project8 during such calendar 

year. 

"Failure or refusal on the part of tha raayor to 

install and maintain, or oause to be installed and 

maintained such systeu of records and accounts within 

ninety (9Oj days after the completion of such project 

and/or projects, or oh the part of such superintendent 

or manager, to file or cause to be filed such report, 

shall constitute a misdemeanor and, on conviction 

.thereof, such luayor or superintendent or manager shall 

be subjeot'to a fine of not less than One Hundred 

.Dollars ($lOO), nor more than One Thousand Dollars 
_’ , 

\ : Eon. Ai W. t:eadowB, pats 8 

.~~~~~~; ana any taxpayer residing within such city 

, or holder of such indebtedness, shnllhave 

the right,by appropriate civil action in tha Distriot 

Court of the county in whioh such city or town IS 

locate&, t0 enforce the provisions of this A0t.n 

Art. 1269h is 12 Dart as follows: 

. ; 

. 

"Section 1. A-That the governing; body of any 

incorporated city in this State'smy receive through 

gift or dedicntioi?, end is hereby mpo:rered to acquire, by purchase tilthout conde,mation or by purchase through condemnation proceedings, end thereafter 

maintain and‘operate aa an airport, or lease, or sell, 

to the Federal.Governmcnt, tracts of lend either within 

or without the corporate limits of suoh city and within 

the county in whioh such city is situated, and the Com- 

~ssioiiers~ Court of eny county my likewise acquire, 

maintain and operate for like purpose tracts of land 

within the limits of the county. 

\ 

*B-That the governing body of any incorporated 

city inthis State my receive through gift or dedioation, and is hereby empovaered to acquire by purchase 

/. .: 

without condemnation, a&d thereafter maintain and 

operate as an airport, or lease, or sell to the . 

Federal Government, tracts of land without the oounty 

.in which such city is situatea.; provided said tracts : 

are not within five (5) miles of another incorporated 

city that has a population of more thanfifteen hundred 

! 

! 

(1500) people, aooording to the last preceding Federal 

.Census. 

*C-That the gove'rning body of any i&&orated 

city in this State my, end is hereby empowered, to - 

acquire through condemnation proceedings, tracts of 

iana located without the co.unty in which aaid city 

is located, proviaea said tracts of lend are within 

six (6) miles of the courity boundary .of the county 

in which said oity is located, and axe not within 

five (5) miles of another incorporated city having 

a population in excess of fifteen hundred (1500) 

people, accordFcg to the last preocding Federal 

Census; and that said city my thereafter mintain 

and operate as an airport, or lease, or sell, da 

tracts to the Federal Government; provided, however, 
Hon. A. W.'tieadows, paCe 9 

that the grant herein nsde to acquire land through 

condemztion proceedings, without the county in whioh 

said oity is located, shall expire on Deoesber 31, 

1942, but that tracts of land acquired prior to that 

date, and under the authority of this Act, my contime to be operated, leased, or sold, as provided 

$n this Act. 

.* 

i' __ 

I 

/ . , 

"D-In addition to the power herein granted, the 

Comissioners* Court of the sever01 counties of this 

State are hereby authorized to lease any airport that 

may be acquired by the comty, as herein provided, to 

any incorporated city or municipality within such 

oounty, or to the Federal Govermert, for the purpose 

of maintaining and opereting an airport; and provided 

further that any incorporated city having acquired 

land for an airport, or an airport, under the authority 

of this Aot, shall have the right to lease said land or 

said airport to the county in which said incorporated 

oity is looated. 

W-In addition to the power which it may now have, 

the governing body of an incorporated city shall have 

the power to sell, convey, or lease, all or any portions 

of any airports heretofore established or.that my be 

hereafter established, or any land acquired unaer the . 

provisions of this Act, to the United St&es of America 

for any purpose deerLed by the Government of the united. . 

States neoessary for h'ationel Defense, or foli air mail 

purposes, or ~sny other public purposei or to the State 

of Texas, or any branch of the State GOVGrLUimIt, or to 

any other person, firm, or corporation; to carry out 

.any purpose necessary or incidental to Mational Defense 

or training inoidentel thereto; and that such Covertig 

body shall provide rules and regulations for the proper 

use-of aqy suoh~airports in connection with the purposes 

stated herein;; 

Y3ec. 2. (a) For the purpose of oondeming or purchasing, either or both, lands to be used and mintained 

as provided in Section 1 hereof, and improvin& and equipping the same for such use, the govurnlng body of any 

city or the Oommissloners 1 Court of any county; falling 

within the terms of suoh Section, may issue neCotioblc 

bonds of the oitg or of the county, as the case nay be, 

and levy taxes to proviae for the interest ard sirking 
Hon. A:W, LiGEdOwS, page 10 

, 

funds of any such bonds so issued, the authority' 

hereby given for the issuance of such bonds and levy' 

and collection of such taxes to be exercised in~aocoraence nith the lmovioions of Chapter 1 of Title 22 of 

the Devised civil Statutes of 1925. 

n* * * 

“Sec. 5. Ahy airport acquired under and by virtue of 

the terms oi this Act shall be u&or the r;?anagement and 

control of the sovL:r:iih& body of the city or tne Co.mAssloners* Court of the county acquirin{; the seme, which 

is hereby expiiesslg authori;: ea and empowered to tiprove, 

maintain and conduct the soze as an airport, end for 

that purpose to EEIkG mid provide therein all necessary 

or fit Fn;provements and facilities and to fix such 

reasonable oharges for the use .thercof ns such governihg ' 

body or Conmissioners Court ShEll de6m fit, and to make 

rules and regulations governing the use thereof. All *~ 

proceeds from such charges shall be devoted exclusively 

to the r;laintenance, upkeep, iru;,rovecent ahd operation 

of suoh airport and the facilities, structuras,ana 

improvements therein, * * * 

"Sec. 4. That in addition to and exclusives of'ahy 

taxes,whioh fiapbe 1GViea for thG interest and sinking 

fund of any bonds issued mder the .euthoAty of this 

Ad, the governing bodyof any city or the Comissioners' Court. of my county, falling withih the 

: ternis hereof, my and ishereby enpo:vered to levy end 

collect a special tax not to exobea for any 03e year 

five cents on each One iIundred Dollars for the purpose 

of i3nproviy,, operating,,. mintaining a~aa conducting 

any airport which such ofty or county my acquire 

under the provisions of.this Act, and to provide all 

suitable StruOtWSS, EEa fecilities therein. Proviafa 

that nothing in this Act shall be cohstrued as authorizing 

any city or oounty to exceed the limits of indebtedness 

placed upon It under thG Constitution.~~ 

Art. 12691 is in part as foU0w.s: 

%ec. 1. All citias 

one Hi.mdred.and Sixty 

. eooording to the last 

hav'inG a Do ulation of mre then 

Thousand (1 ii 0,000) inhsbifants 

preceding federal oensus shall 
. . 

_- 

Han, A. Tii; iil'eadows, page 11 

h5V~ power to Bort(:aGe End encumber their airports 

and everything pertaining therato acquired, or to 

be acquired, to sccure~the payment of funds to puroheso the sane or to build, improve, onlarge, extend, 

repair or construct any kind or oharaoter of pemanent 

ic;provenents, including bilildings, repair shops end 

other structures, mid, 63 Edditimol si;ourity therotor, 

by the terms of sucii ~~ori~s~e or enouzbrance, my grant 

to the purchaser m&r sole or foreclosure thereuudor 

a franchi3G to o~orate OUC!I stzjort and the improvenents situated thereon for a terz of not over thirty 

(30) years aftar suoh purchssse, subject to all 16~5 

regulating the sme then in foroe. IGo such obligation 

shall ever be a debt of such city, but solely a 6harge 

upon the ?ropertics so mrtgaged or encumberted, and 

shell never be reckosad in deterr-ning the power of 

such city to iss,ue any bonds for any purpose authorized 

by Law. 

Wee. 2. All cities having a population of mare than 

., One mnared End Sixty Thousaml (150,000) inhabitants acCOrahg to tie kkst preceding federal cm&us shall have 

poner to pledge the incozne from their airports and 

everything pertaining thereto acquired, or to be acquired, 

to secure the paymnt of funds to purchase the scze or to 

build, inprove,:enlarge, extend, repair ox construct any 

ktid or character of peivmccnt izlprovenents $.mluding 

~buildings, repair shops, and other structures, and, a8 

additional seourity tharofor; by the term of such 

pledge~may grant to the purchaser under snlc or foreclosurethereunder a franohise to operate such airport 

. and the Foprovements situated thereon for a tern of 

not over thirty (30) years after such >urchcseL,,subject 

to all laws regulating the sooe then in foroe. So suoh 

obligation @ml.l. ever be a &ebt of such city, but solely 

.a ohErg upon the properties so mortgaged or enmzbared; 

and shall never be reokoned in datemining the power of 

any such oity to issue any bonds for any pLYpose EUthorlzed by law.' 

"Sea. 3. Such .' oitios shall have the power to issue 

~' *notes or warrantsin any sum not to exceed the sum of One 

hundred :Thousand Dollars (~lOO,OOO.OO) for suah purPosos 

without submitting such proposition to o vote of the 

qualified tarpEying voters. This law shall tnke preoedenceover au oonflicting oity chox%sr provisiohs." 
. 

*. . 

. 

Hon. A..&‘. Xeadowa, page 12 

: 

‘. 

I’ 

. . 

: r : 

_ ~. ‘. .: 

,. 

Art. 12693 is in part as followrij 

I_ 

"Seotion 1. 

,&y now have, 

IIn, aedition to 'the powers which It 

any city haviq a $opulatlon of aore 

tlmn forty thousand (i+O,OOO) inhabitants, acoording 

to the last.preceding Fed6ral Ceqsus, s-hall hove 

power (d) to own, aalntain and operate an airport, 

either within or without, or partially within and 

partially without, the corporntell<s of suoh' 

city; (b) to construct, acquire by &i-ft, purchaSe, 

lease or the exeroise of the ripjht of e&ant dozm~, 

Improve, 8nlarcf3, extend 0~ repair any airport, ccd 

to acquire by gift, purchase, lease or the exercise 

of the ri&ht of eminexit domin, sands or rights lh 

land ln.fee simple In connection therewith; (0) to 

borrow rhoney and issue its bonds or warrants to 

finance ia VIhOle or in part the COSt Of th8 aoqUiSition, construction, improvement,!-enlargelnant, extenaion or repair of~any airport; (d) to gresoribs and 

oollect rat86, fees, rents, ?GOuS or other Char588 

for the SerVioe and faciliti88 afr”orbed by such 

airport;. and (a) to pledge to.the punctual payment 

of SaiP warragts and Interest thereon all or any 

apart of- the'inoo~e, rente, revenues, tolls or other' 

receipts derived from the operation OS such airport, 

in addition to th8 taxen whioh shall be levied~.. 

annually~, for the payzent oft the prlno.ipal-and 

.,~~ 

Anterest on 6ueh warrants. An.airport within the 

naanin&'bf this Aot shall include all lands and 

-bulldings or other improvements neoeasary orconvenLent in the.establishmant andpparation of an 

tiirport, and shall include.suoh lands and ilzprovenents.as ar8,neoessary to assemble or manufaoture 

'aircraft for military or naval use8, or for any .'. 

,other governmental purpose, and to provide housing 

-and offioe Spaoe for employees neoessary or inoldental. 

to suoi$ purposes~~, 

, . . %eo. 2; Warrant8 may be authorized to be issued 

under this riot by or&lminoe~which nay be adopted at the 

sme n8eting at whloh it Is lntroduoed by a majority of 

all th8 members of the &OV8rd.Iig body Of the city then 

in office .and shall take effect immediately upon adoption: Suoh warrants shall bear.lnterest at auoh rat8 

or rate8 not exoeedlng five (5) per. oentun per annum, 

payable Semi-anINalb, may be Dade payable CO bCar8r, 

.may be 5.n one or more serias, may bear such data or 

dates, nay be 3.21 such denoziixiationr dcno~ationa, 

-- '. 
. 

iion. A. W. E8abOWS. page 13 

my b8 peyable in suoh I;;ediI.m of paymnt, at such 

place or places, my aarry suoh registration privlleges, my be subjeot to such term of rebexgtion, 

my be exsouted In such ame?, oiay boktain such 

tern, covsnanta and con8ltioh8, nnd.siay be la such 

forin, either coupon or re&istercC, as suoh ordlnanoe 

or subrequent ordinance say provide. Said mrranta 

shell rcaturz annually ia ruch mounta so that the 

a%reGate Lzeunt. of ~l'ihCl&el GiXz iaterest fcLI.ing 

due in each yaor &all be subotantiaUy equal ovcir 

a period not to exceed thirty (30) yr;ars froa taeir 

bate. Seid warrants shall be colh et public or 

private sale at not less thah par. 5ai.d. warrsnts 

shell be necotisbl8 iaotrments within the fitioning 

of-the XaSotiab3.e Instruments Law of this State. 

SalU warrants bearing the 8ishatCe of the officers 

in office. at tha date of the -swfng thereof shall 

be vali& and biding oblii;ctiose not&thst;mdiog thnt 

before th8 delivery thereof 3ad payiaent thorefor any 

or all of the persons whose slgaatuxes appear thereon 

ehall have ceased to be officers of then city issuing 

th8 sea8. 

%ec. 3. lie oity ohall issue any warrzzts purs&nt 

to this Act in an aggregate azioutit in excess of One 

3.u1dr88 en& Twenty-five ‘i'housend.%Llars (G125,OOO). 

"Sec. I+. No eleotio;l shau be necessary to authorize 

the issuanoe of warrants purcuant to this Act, but the 

aity shall comply with the provisions of Chapter 163, 

Aots of the Forty-secomi Legislature, with reference 

to bi04ers au&.notice of 'intention to -issue ouch warrants an& the rightto refe~ez.%um therein'speoified 

ahall apply. 

*Sec. 5. *{{henever eny oity shall iasu8 warrants 

pursuant to this Act, a tax sufficient to pay.when due 

the priuolpal and Interest on such warrants shell be 

1evieU annually and assessed, oollected ana paia in 

like zianner with other taxes of such city, provided, 

however, th%t if such warrents are peyeble from taxes. 

and a&33,tionally secured by a pled&e of the incoras, 

rants, revenues; tolls, an& other receipts Derived 

fmlo tk8 operation of the airport for vf;?ich suoh 

wal*rronts were issued, the tax to be &Zied'aOd. 

a8sesseQ by such olty may be reducea by the aC-:.oUt of 

aoney on bend pledged to the payffient of the pX'iJd.pal 

ad interest of suoh warrants. 
Iion. Ai Vi. !:eadows, pace 14 

“Sea. 6. The governing body of a city issuing 

warrants Pursuant to this Act shall prescribe by 

OrainanO8 and Collect reaSOnable rates, fess, toll8, 

rentels or other char&es for the service and facilities 

furnished by tb8 airport for which such werrants have 

bean iS8U8d. The rates, fees, tolls, rentale or other 

charCea so proscribed shell be suoh ae will prOdUC8 

revenues sufficient (a) to pay xhen due all warrants 

end interest thereon, for the Payinent of which such ' 

revenues shall have been pledged., including reserves 

therefor; (b) t0 provide for all axPonses of operation 

. . and nd.nt.enaoce of such airport, lncludln~ reserves 

therefor. 

Veo. 7. The governing body of the oity shell have 

the power to sell, convey, or lcese all or acy portion 

of such airports heretofore.estnblished, or that zay 

be hereafter established, to ihe Enitad States of 

._ ~ ~ 

Anieriq? for the purpose of air noi or any other Publio . 

-~p~poae;inoluding the Purpose of rurxegs for the landing 

of aircraft, the assemblu or nanufacture of airorsft 

or elrcraft parts, or any other Purpose deemed by the 

GOV63XiU8nt of the United States necessary for the 

national defense, or to the State of Texas or any 

branoh of the i?.tate Governnentj or to any'zunicipality * 

for any such purpose, or to 'any othcr:person, fir= or 

oorporatlon to carry out any neoessary or incidental 

pill-pOS8; and thet suoh governi;?& body shall provide 

rules and rOgUlatiOnf3 for th8 proper use Of'any suoh 

eirports, whether used for pleesur8,.8xperlnent, 

exblbition, conuneroial purpose, or for the national 

defense. 

“Seq. 8. Tha acquisition and operetlon of an air- 

'port are'hareby deolarcd to ;be a public pUrpOS8 L&U e 

matter of pub110 neoasaity.. 

nY* * 

Wea. 10. The powers oonferred by this Act shall be 

in addition end supple;nental to the Dower8 conferred by 

any other lew, lnoludine any charter provision. Insofar 

as the provisions of this Act am inconsistent d.tJi the 

proviaiona of any other law, i.noludLr~g any charter provision, the provisions of this Act shall be controllinC, 

If any provision of this Act, or the applicatiGn Of aunh 

provisions to eny person, body or circuzbxtanae shall be 

held invalid;tha reminder of the Act, or the application of such provision to persons, bodies, nor ck-cmstances other than as to which it is held invalid. 8hall 

not be affeoted thereby." 
Lion. A. x. aJa40w0, pa&~ 15 

Art. l269j-2 18 in pert an follower 

*Seotlon i. For the purpose of soourln& end maintaining the safe and eSiiolent operation and maintonano) 

of all publioti owned or publicly operet6d alrprtr, 

flying field8 .and lending field8 looeted wlthln 8 distanoa of ten 1 lO).Ipiloa uoaputed by air llno rrom the 

then existing oity limits of any oity in the State OS 

Toxar having a opuletlon of two hundrctd end slghtyfive thousand ( 85 000) inhabitants or more aaoordlng 

to the 

and to t 

set prsosd Qw or 'any future Federal cenrua, 

robot the refotp, lives, and property oi per80118 ownln& property ln the vlaiaity or such airportr, 

fLyin flold8 and landing ilel+& from and artar the 

panrage of thle Aot, the right 

hereby given to the City Cotma i 1 OS suoh oltlea to expower and authority 28 

tend the llUiit8 Of eaid oltle8 for the pur omf na;"d 

in thlr Aot, 80 a8 to inolude ulthln its 1 L 

publlolg owned or publloly operated alrporte, rlJlng 

flsldr, and landing tleldr 4ing within a dietanoe of 

ten f-10) ~&lee in an air llno iron the thoL,Ori8tl&g 

oity lfmita end, in addition thereto, to inoludo all 

lands within ii dl8tenoe not to exceed three thourand 

(3,&O) r0et from the exterior limits of su6h alrporte, 

ilyltq Sirlde, 8ad lending ~rlelde, by tha p8s8a 8 oi 

an ordlnanoe extending the boundarlss of ruoh o i! tier 

to inoludo the territory afor88al6, or 80 auoh thonoi 

a8 the City Counoll may ocumidw advl8abla to add to 

tho limit8 ot eald olty, and 8uoh lntorvonlng land a8 

the City counoll taay doom nooornary end proper to 

#OOO~Qii#h thO~pIWpO808 Of thi8 AOtr 

*two. 2. Prom and ettor tho paeeago of 8ai6 

oI(Ltinoo, extending tho lie&t@ a8 aiore8ald, by tho 

City Council of 8uoh oitior, aaid City Council @ma ,_ 

hare tho right, power, and authority to, by orialnal 

ordinanoo an6 othorwlso, pear. suoh ordl~anooe under 

tho goneral polioa jxmmr a8 may ba n4oorsary to prometo tho eafo and offlolont 0 ontion of wld 

& 

ublloly 

owned or operated airport8, r in& flol68, or f ending 

iloldi 0114, end to promote and protoot all alrplano8 

and othor rlylng omit in talking off from and 18ndfng 

at mid airport8, flying ileldr, or laading fielda, 

and partioularly inoluding the right to rsgulato and 

limit thought of any building or other 8trUOtUrO of 

whatever nature to be omoted, and to:bo looatsd, 

within a dlstenoe of three thourrand (3,000) feet from 

-.. 
'Hon. A, w. ~.eadOW#, pago L6 

the OXtOri lidtO Of #UOh airport flying field Or 

landin field, to a hai&t not to o&od thlrtg (k!) 

f*e% With& 8 radiU8 Oi Ona thou&and (1,000) foot 8U+ 

roundin 88ld airport, and, to a height not to OxOOOd 

8oVoUtY-fi** (75) fast frown said Ona thousand l*OOO) 

i0.t baok t0 within #aid t-00 thou&and (3,000 f-t, 

m-AiA8 $raPlSho 

Of a 4 8UOh b uiL*fQ n 

round 1.~01 to th. hi&N&t QOrtiQn 

Q: or l tr uo tu.p o .* 

Art. 7065W3 in in part an rOllOW8~ 1 

"(4 m Q~MOA who Qurohase#'aotor fuel iA the 

YtStO Of TeXaS, #Ad #A7 d~#tr lb uwthor o l ppropr la to a 

-tOr iUOl rOr US0 whon #U&k mtor fuel Qumharod br 

8UOh QOSSOJJ Or U&d by 8uoh di#tributOr iOr OQomtlw 

or 

US0 i 

rop8llUing 84 l tatlon8ry ga# OnginO or traotor, 

r0r a6rloultural p~rpO808, motor boa%&, l lroraf*, 

or for my gurpoe* other ttm USa ta l mtor vohiol~ 

03’OrS~kb Or fatonbod to bo oporatod in nhob OF in 

Wrt UDOA MY Or tho publio highwag&, roSd8, Or Street8 

Of th8 St8tS~Of Toxae, on whloh a&Or iuol t+X haa beon 

RalU, olthw d.lrootly or tidlropt4, shall be r*Wded 

the 8ftIOU& Of l uoh tax08 80 Q&i4 by the t%letribUtorr 

oxolu8lvo 0r the on* (1) per 0ant doduotlon al.lowOQ 

diStribUtOr8 Upon tho Sirat #alo, di8tribUtlOU Or U8o 

Of eiid plotor, fuel, for oollootlng ah& rpznltting th* 

tax and ror l va por a tlanti o a other ~088~8 in tho -or 

Mob SUbjOOt t0 tha li@tot$.oa8 and oondltiOal8 de8oAbod 

'QIMlA,, Provided, honoior, that no greater anOUUt 8hau 

be MfUUdiid thM ha8 beon 

mote? fuel. 

016 Lnto th0 TWISW - aw 

Tho tax aotue P l,y paid br any dletribut~r 

OF QOMOA Oh811 bo rOfund#Q aa DrbVidSd hOMiD On motor 

ill81 not Sub~aot t0 tho tat," - 

Art, 8, so. 1 oi tha Oonrtitution or nx8eB QroV~der,in , 

part a8 fOlbW8l 

*All QrOQWtY in thin Stat*, whathOE owned W 

AatUXSl QOrSOAS Or OOrQOMt~O~#, 'other bh8U IWLa%dr 

8haU bo texod in prOpOrtIon to it8 valuema ;. . 

. 

Art. 8, 300. 2 of said Con#t~tutiofk, prod-be@ in wt 

-_.__. rOuOW81 

“The LOgi818tUM my, by Onam 18W8, OX-@ ho* 

taFtion pub110 property US8 t for pub110 purpo8*8t 

L . 
. 

xon. A. vi. Xeadows, page 17 

. 

firt. 11, Sec. 9 of said Constitution, provides 3.n part 

a8 follows: 

"The property of counties, oitles, and towns, 

owned and held o~l,y So;- public purposes, * * * and 

all other property devoted exolusivoly to the uso 

and bctnefit or the publlo shall be exempt from 

* * * tnxatlon.~ 

Art. 7150 provides in part as follows: 

,?The follows property shall be exempt rroa 

.taxstl.on; to-witr 

n* * * 

"4. All i;roperty, ishether real or personal, 

balon&hg exclusively to,this State, or any 

.polltioal subdivision thereof, or tne United 

States,.* * *" 

: 

The above are the statutes. thst have to do with the question . 

subtitted by you and, in our o$5nioE, authorize the following 

answe*s to the various parts thereof: 

04 'Ihe Texas Aeronautics Conmission is the oillp o~Yloia1 ' 

- state body or organization that Is authorized to assist in the 

(. National Airport ?lan, ,but Vie are unable to state whether sr Eat 

it is equipped to oonduot its share oi' leid program as we era 

without lnformatioa as to what its share therein may be, as Vie3.l 

as what it may be tialled upon ta do Ln making said .Alrport ?lan 

effective. 

(b) It is our opinion that,the qbove quoted stat&es provide Por the olearing and proteotion of airport approaches, azid 

that the.Qolltloal subdlvlslons referred to In said statutes 

have the necessary powers to enable them to participate in alrport projeots under the provisions of said statutes, but we do 

not find any statute authorizing the State to do more‘~than-oat 

.a8 ah agent oi such politioal SubdiVi,SiOES as may undertake to 

oonatruct airports. Said Comnlsslod'. is not authorized to 

'spend auy money in connection with establishing airports, except 

its own lhoidental expenses for salaries of a director and other 

employees; office expenses, traveling expenses, sto., and no 

~money haa been aQprOQriSted for any O'ther pWpOSeo 
IIon. A. Iv. heaaows, page 18 

(0) K:e are uncertain es to What is mant,. by 3ubdiVis:OA (0) 

Of your inquiry, but the part3 of the Constitution end apritutea 

hereinabove sot out exempt fron taxation all. aviution fecilitiea 

belonGing eXClU8iVely t0 &Ad USod by the State, or a ~litical 

subdivision thereof, or by the ;Initcd States. 

lk 

City of irbileoe 

vs. State, 113 S. %'. (2) 631, writ refused. Provision i3 ala0 

lcsde for the refund of the &reater ?ortioA of any taxes that niay 

b&.d OA any ft.Iel~u~~d ii5 comectlon with the opuration of air- 

. 

(al L'e ore of the opinion that 3cid 3tritutcauthorize the 

Operation of all public eirgorts I.A this State in the publio 

interest and without Imjust disorir?lAotioA or UAreaooAable chargea. 

(0) said atntutes are also 3uffio5eAt to insure the proper 

operation ecd mintenance of 011 public airport3 within this State. 

(f) &id statute3 authorize a coilpliance with all of the 

lams of-the 5Aitad States and Amy re&.atioAs made thcreunaar for 

the ex+nditure of federal monies Uson airports and other air 

navigatior. faoilities; therefore, we a-e of the opinion ,that 

airport3 developed with Federal Uid can be zmde available for 

unrestricted use by United States Goverruaont aircraftwithout 

oharCe other thaan aA~amount sufficient to cover the cost of 

repairing danage done by suoh aircraft, if this be required 

under the laws of the United States. 

(g) de fir.d no statute specifically authorizing the 'installation at each airport for which lederal funds have been provided a 

standaid accounting aAd fiscsl reporttic system satisfadtory to the 

Adrdnistrstor, but it is our O#.A~OA that sme is incldelitelly authorized, 

'- The Texas Aeronautics COL&.SS~OA is sutiorized by k3d.g 

statute3 to enter into any cootract mceaaary to the execution of 

the pov:ars granted to it, but it ha3 no authority to biAd the state 

of Texa3 for then payment of any abni~s that have not been 3geOifiaally authorized by appropriation of tiie Legislature. It doaa 

have authority, Lowever, to act es azentof any municipality, or 

other person or persona, IA contraotiog for the aCquiaitioA, 

construction, i;aprovomeAt, naLnteAaAoe, or operation of airports 

or other air navigation faollitiea, fin&Aced either iA whole or 

j.~ part by federal aoniea, If authorized'to do so by 3uoh mAicipality,~ pera$A,or persona.., It ia our opinion, therefore, that 

said Co&sai,on is authorized t0 enter intO COAtraOts with the 
, _ * 

.‘ 

. 

Eon. * A. ;;'. i:eadowa, ,page 19 

Civil Aeronautios CozmisaioA in3uriiq the 'proper LWidteACACe arid 

protuotion of airports aOv010pd with Yederol aid and thtilr opcrctiOA in the public interest, if and xS,cA authorized to do ao by 

suoh munloipality, person or TArsons 2nd when a8r.w is in accordame with federal laws, ml63 c::< rc:.;uletions ana with the 

Aot creating said Texas Aeroxutios iZozi3~ion. 

Your atteztiorr ~ik dirtictt-2 to tile fact, hxovcr, that the 

ospezidittire offedeiol zonief. i!z cam;;1;:; out ti;i i:ctioc&l Airport 

Plnn.will likely be ~assod ups by fedezci mthoritiea nrd mny 

questions nay be zizcd t2a.t xi11 cot cxz viit:liA tile above 

general nroKers ta the zsttcrs subd.ttcd by SOU. i wc:I outhorities 

may clso uot apee rdth our co..,, --tsuctioG 31: t!xz 3tc:utea; therefore. it PSGF be rLeoessary to coxid~r ocot qucstlor. raised in the 

handling of-different alGports. 

Youra very truly, 

Jaq, 2. ,3assett 

.USiStaAt