120 

OFFICE OF THE ATTORNEY GENERAL OF TEXAS 

AUSTIN 

Honorable H. 8. Virgil 

County iittorney, Tarry 

Brownf ield, Torae 

Dear Sir; 

Crawford 

county 

ttar or July 9, 

rtcmit upon the 

feld, Texas, 

6 320 Qaro 

o be usmd for an airowned and oontrollsd 

order to aoquire the 

h Is about the only 

nsd, it wlll b-a aeoestion or 640 am48 lo one 

e OS the county and oity 

8 040 aoree and then eel1 the 

eked to a private lndlvfduel. 

y or Terry County and the city 

purohase the 320 aarea not desired 

rt and then turn around and sell it 

tnd1vldusl without profit or lose 

on mlae?” 

Your question has two fsaturer, nemlp: whether 

the oounty and oitg my sot jointly in puroheslng and operating an airport; and, whether aurplua land aoqulred for airport 

PurPoees may be sold without profit or loss. 
1219 _ 

It in l lamentclry, 0r course, that ootmtle8 aot 

through their governing bodies, tha oomlaelonerr~ oourt, 

whose authority 1s not plenary but strlotly llaltsd to the 

powers expressly or Lnplfedly oonierred by law. Authority 

to establish and mlntaln airport8 fe contained in Article 

1269h, Vepnon*e manotated Civil Statutes, which provldss 

in part: 

“Seotlon 1 &That the governing body of 

any lnoorporated city in this State may receive 

through gift or dedloatlon, and la hereby empowered to aoqulre, by purohase without oohdansat.j,on or by purcheet through coabnaatlon proassblngs, and thereafter maintala and operate ae sn 

airport, or lease, or sell, to the Federal Government, traots oi lend either within or without the 

corporate lfmlto or such olty snd wlthln the county 

in whfah suah aity is situated, tand the Commisefouem* Court of any county msg likewise aoquire, maintaln and operate for like purpose traote of land 

within the limits of the couaty. 

"'B - That the governing body of any lnaorpomted olty in this Stste my receive through 

girt or dedication, and is hereby empowered to 

acquire by purohass without oondemmtioh, and 

thOreUiter tiintaln and operate as an airport, 

or lease, or sell to the Peaeral Goverment, traots 

of land without the county in which alaoh oity is 

sltutited, provided said traota are not within 

five (3) tiles of another incorporated olty that 

hzs a population of more than flitem hundred 

(1530) people, 

yederal Ceoeua, 

aoeordlng to the last preoedlng 

“C - Thzt the governing body Of any inOOrporated aity in this titnte may, and is hereby 

erapowered, to aoqulm through oondemnatlon proceedinea, traotn of land located without the 

county in which said city is loaated, provided 

said traots of lend are within six (6) miles of 

the county boundary of the county in whioh said 

olty Is located, and ore not within five (5) allee 

of another lhoorporeted city having a population 

in excess or f lttaen hundred (1500) people, au- 
ii0nor;lble n. a. vlr@ cruwrord, paga 4 

123 

WSOO. 2. (a) For the QU~QOS~ 0r condomihg or Qurohaeing, either or both, lande to be 

use& and Paiotalned as prOVided i!l SeCtloh 1 

hereof, and i.aQroving and equ1ppb.x the 3am for 

ouoh use, the governing body 0r any city or the 

Co.-J3lia~tonerv Court Or my oounty, falling within the teriuv or such Seotlon, my iS3ue negotiable 

bonds 0r the city or or the county, 90 the oaae my 

be, and levy taxes to provide for the intereat and 

linking ruhdo or any such bon&e BO issued, ? he authority hereby given for the issuanoe Or such bonds 

ana levy and oollootion or snah taxes to be oxeroiaed in aooordanae with the provlslons or Chapter 

1 or Title 22 or the &vised Civil Statutea of 1925. 

"l * * 

'Sec. 3. Any Air Port aoqoired under and by 

virtue or the term of this Aot shall be under the 

manage~mant and oontrol of the IgovernIng body of the 

olty or the Co:mlssloners* Court or the county 90- 

quiring the mm, whloh la hereby expresely authorlzed and enpowered !:o lfaprove, malntaln and conduct 

th6 3aa as UP Air Port, and for thnt purpo3e to 

make and provide therein all neoeosary or rlt lmprovenents und raollltleo end to rix suoh reasonable oharaes 

tor the u3e thereof a8 such governing body or Co.mla8loners' Court ehall deem fit, and to make rule8 and 

regulations governing the use thereor. All proceeds 

iroe. suah chkrgea shall be devoted exolu3lvely to the 

f 

m&itenmoe, up-keep, lnprovonent and OpfWrstloh Of 

such .iir Port a%d the faoillties, structuree, and 

i. l=prove:uente therein, and no oltp or oounty s&l1 

i be liable for lnjuriee to barsons resulting from 

f; or caused by any defeotive, unaound or uneare oon- 

? 

lj 

dition or any 3uoh Air Port, or any part thercot, 

or thing of any oharaoter therein or resulting from 

Or caused by any negllgenoe, rant of skill, or lmk 

Of Care on the part ot any governing Bor;rd or Co+ 

missionere' Court, orriaer, agent, servant or employee or other person with referenoe to the conatruction, lmproveinent, mahagement , conduct, or 

~kitenanoe or any euoh i&r Fort or any structure, 

ir;L3rovezent, or thing of any chsrscter whatever, 

l2cated therein or aonnooted thererlth. * * ** 
122 

cording to the last prraedlnf4 Federal Census; 

sn& that said olty :aay thereaftar maintain and 

operate aa an airport, or lease, or sell, said 

tracts to the Federal Goverment; provided, however, that the @ant herein made to POWire land 

through condemnat ion prooeedlnge, rlthout the 

county in whioh said olty Is located, shall 

expire on December 31, 19412, but that tracts Of 

land acquired prior to that date, and under the 

authority oi this kct my continue to be operated, leased, or eold, ae provided in this Act. 

“D - In addition to the power herein granted, 

the Comlasioners’ Courts of the eevsral oountlea or thla State are hereby autborlzed to lease 

any airport that may be aoqulred by the county, 

a8 herein provldea, to any lnoorporated OltY or 

munloipallty wlthln such cou::ty, or to the Federal 

Govermcnt, ior the purpose oi maintainin& and 

operating an alrgorti and provided further that 

any ttio~q.oporated city having aoqulred land for 

an airport, or aa airport, under the authority 

or thla Aot, shall have the right to leaee said 

land or said airport to the county in which said 

incorporated olty 18 loarted. 

“E - In addltlon to the power Bshloh it may 

now have, the governing body of an incorporated 

olty vholl have the power to sell, oonvey, or 

lease, all or any QOrtiOn8 ot any airport8 heretofore established or that may be hereartor establlehed, or any land, acquired under the prodsiona or this .4ct, to the United States of America 

for any purpose deemed by the Government or the 

United State6 neoeasary ror National 1)eiense, or 

for air mall purpo6e8, or any other publio purpose, or to the aate oi Texas, or any branch 

of the State Government, or to any other person, 

rlr0, or oorporatlon, to oarry out any purpose 

necessary or lnoldental to Rational Defense or 

training incidental theretoi and th?t such governlag body shall provide rules and regulations ror 

the proper nsn or any such airports in connection 

with the purposes rtated herein. 
Xonorabls fi. 8. Virgil Crawford, pug* 5 

There are zany lnetanoaa In whloh the Legislature har authorized oountlaa and altIe to oooperatb with 

eaoh other in undertaking tarLou projsota. glthout attempting to br exhnuetiw, we note for exmple thut Arti018 4434, Rsvioed CIrIl iStatutes, 3rovldes for their oooprratlon In making Impmreaentr nrao~ssary to Iriarovs the pabllo 

health and promote sanitary regulations; &lo18 Quvidrs ror their oooperatlan in ereotln$ brldces; Art1016 

MO8 provider for their oooperation In eatabllahlng a 

hoapitall Article 6018e provides for their oooparation in 

rstabllrhing perks end srticlr 4436s. V.A.C.S,, dooperation 

in the formation of a olty-aounty health units, rbreorer , 

Artlola 52480, V.A.C.S ., provides that oitlss and oountleg, 

my jointly aoquiro lands for the use of the Federal Coveranlent. 

Artlole 1209h, V.A.C.S., however, da88 not Provldr for the joint acquisition, ostabllehmnt and Inafntenanoe of ari alrport. It provides that alther a olty or a 

oounty my aoqulro land for airport purposea in the manner 

specified, and Seation 5 proridar that an sirport 80 aoqulred shall br under the managaxent and oontrol of the 

governing body of the olty or the @ommiaaionera* oourt 

of the county aoqulrlng sane. While one say lsnar to the 

other, (%otlon l-D, Article 1269h) there are no pro~lsIone 

for joint aotion. 

In Opinion No. O-1000 this departmnt held that, 

legialativs authority laoklng,a oity and oounty 0oul.d not 

legally enter into a partnership agreement to purohase a 

motor grader ior road and street repair work. 

In Opinion No. 0-2go'ol this dbpartaent held thst 

a oounty oomleolonera~ aourt wae not authorized, leglelatlve 

authority laoklng, to enter into a oontraot and partnership 

with a city and expend oounty funds ior the ooaatruotlon and 

aquipsent of a alty-aounty jail; aad la Oplnloa MO. 04985 

We hrld that Aavarro County had no authority to cooperate 

with the City of Corsiosna in establlshlng and maintaining 

a QitY-QOUnty health unit, 

Under Artlole ledOh efthar a oounty or a city 

Say eatabllsh and mIntain an airport but the method6 therein 

Provided are rxahsioe (Porter Y. City or yiaao, (Sup. Ct.) 

eSS 3. W. 1104); aad there is no legisletlvo authority ior 
,. . 

wuuciiole n. 3.. Virgil Cr,awford, page 6 125 

aoaoerted aotloa. It followa that In our opIaioa Terry 

County and Browafield, Texas, say not jOIatlY aoqulrr and 

operate an airport. 

Your second question is whether or not Terry 

County say aoquire 320 acres not needed for na airport, 

(but which must be aoqulred la order to obtain the desired 

1-d) sad then sell the sane to a prirste individual without 

profit or loss. 

;srtlalo 1269h, supra, ooatalas smple authority 

for Terry County to purohass a&port property by purohasr 

without aondeaaatlon or by purahaso thsough aondemmtlon 

1 

roceedlngs. It ma employ Its permanent lmprovs~neat fund 

Oplaloa NO. 04312 f or It may Issue bonds. Article 1577, 

Revised Civil Statutee, provider authority for the erals of 

oouatf realty and spealfles the maaer of its dlspoaltloa. 

Sea Soalf Y* Collla Count&(Sup. Ct. J 16 9. X. 314. 

In our oplalon the quo&ion oi whether or not 

Terry County should purohass 040 aores IA order to obtain 

a aholoe 320-aare airport site, with the Idea of disposing 

of the 320-aora surplus without profit or 105s to the oounty 

Is an adnlalstratlvs rather than a legal problem. If, In the 

ererolse o? their good buslneas, judgmnt and sound dlsoretlon, 

the Terry County Comlssloaers’ Court btlleves It best to obtain the 640aore tract by purohsse wltbbut oondemaatloa (selling without profit or loss the 320-aare surplus) rather than 

obtain the 320-aore traot by ooademaatloa, we know OS ao legal 

objeotlon. The problm arlsiag in Moore v. Cordon, (Clr. APT!.) 

122 S. fl. (8d) 239, Xrlt Dlsmlae4td, does aot present itself 

for all 640 aores will not have been dedioated for the use 

of tha publla as aa airport. 

The problsm,as we am It,18 the best way IA whloh 

to obtain the 320 aore airport and thnt problem Is one oalllag 

for the exeralse of thr CoacllasIonero* Court’s good business 

W&mat.