Mr. Enrique H. Pane Opinion No. M-809 

County Attorney 

El Paso County ,Re: 1) Authority of the El Paso 

Room 201 City-County Bldg. Council of Governments to 

El Paso, Texas 79901 enter into contract with 

Dona Ana County, New Mexico, 

for development of a recreational area. 2) Authority of 

City of El Paso to enter into 

a contract with El Paso Council 

of Governments for development 

of recreational area partly 

in city limits and partly in 

Dear Mr. Pena: New Mexico. 

In your recent letter you give background information 

concerning the organization of the El Paso Council of Governments 

and request the opinion of this office on the following questions: 

1. Whether the El Paso Council of Gwernments can 

enter into a contract with Dona Ana County, acting through its 

Board of Commissioners, for the development of a recreational 

area where the land lies both in the State of New Mexico and 

the State of Texas. 

2. Whether the City of El Paso is authorized to enter 

into a contract with the El Paso Council of Governments for the 

development, operation and maintenance of a recreational area, 

where such recreational area lies partly within the city limits 

of the City >f El Paso, part of it is in the County of El Paso, 

and a portion of the area is within the County of Dona Ana, 

State of New Mexico. 

We are of the opinion that if the El Paso Council of 

Governments enters into a contract with the City of El Paso, 

whereunder the city is to develop, operate, and maintain as a 

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Mr. Enrigue H. Pena. page 2 (M-889) 

recreational area the land described in your inquiry, then the 

contract may also include as a party Dona Ana County, New Mexico. 

That county's obligation under that contract is primarily to contribute $25,000 to the development of the area and to maintain 

police patrol over the land situated in New Mexico. 

A contract of this kind is within the purview of Article 

lOllm, Vernon's Civil Statutes*, under which the El Paso Council 

of Gwernments derives its powers. The Legislature clearly drafted 

Article 1Ollm with a view to giving the Council broad powers to 

accomplish the purposes of the Act; it should be given a liberal 

construction to carry out.the purposes and objectives. Attorney 

General's Opinion No. M-689 (1970). Section lD of this Article 

reads, in part, as follows: 

,I . . . It is the intention of this Act to 

permit the greatest possible flexibility among 

the various participating governmental units to 

organize and establish Commissions most suitable 

to the nature of the area problems as they see 

them." 

Further evidence that the Legislature did not intend 

to restrict by this Act the powers of the governmental units acting through the Council is found in the following language from 

Section 3 of Article 101lm: 

” . . . But nothing in this Act shall be 

construed to limit the powers of the participating 

gwernmental units as provided by existing law . . ." 

Section 7 of this Article provides for interstate cooperation as follows: 

*References to and quotations from this Art. 1Ollm include 

the amendments to it made by S.B. 242, Acts 1971, 62nd Leg., R.S., 

effective May 28, 1971. 

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Mr. Enrique H. Pena, page 3 (M-889) 

"Section 7. Interstate Commissions. With 

advance approval of the Governor, a Commission 

including a region or area which is contiguous to 

an area lying in another state may join with any 

similar commission or planning agency in such 

areas to form an interstate Regional Planning 

Commission or may permit the Commission in the 

contiguous area to participate in the planning 

functions of a Commission formed pursuant to 

this Act, and the funds prwided under the provisions of Section 6 of this Act may be commingled 

with the funds prwided by the state governments 

having jurisdiction over the contiguous areas." 

Although the project here considered would not be developed by 

an interstate Regional Planning Commission as authorized by 

Section 7, we note that the Legislature evidenced by this Section 

its recognition of the need for and its approval of interstate 

cooperation. 

Section 4(a) expressly authorizes the Commission to 

make plans for the development of the area, including parks and 

recreation sites. 

Section 4(d) 'provides authority for the Council to 

acquire a leasehold interest in the subject land in the following language: 

"(d) A Cosunission may purchase, lease or 

otherwise acquire, hold, sell or otherwise dispose of real and personal property. . . ." 

Authority for the Commission to assist in the development of the recreational area is found in the following language 

from Section 4(b)% 

II . . . The commission may assist the participating governmental units individually or 

collectively in carrying out plans or recommendations developed by the Commission. . . ." 

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Mr. Enrique Ii. Pena, page 4 (M-889) 

Section 4(c) of Article 1Ollm provides that the Commission may contract with one or more of its member governments 

to perform certain services. We think that the three party contract here discussed would be authorized, even though Dona Ana 

County is not a member gwernment, because the contract to perform 

the service of developing and maintaining the recreational facility 

is undertaken by the city of El Paso, a member government. We 

see no reason why bona Ana County could not join as a supplier 

of money; that county already has a duty under New Mexico law to 

maintain order in all that major portion of the park area which 

lies in New Mexico. 

Section 6(a) of Article 1Ollm reads as follows: 

"Funds. (a) A Regional Planning Commission is 

authorized to apply for, contract for, receive and 

expend for its purposes any funds or grants from 

any participating gwernmental unit or from the 

State of Texas, federal government, or any other 

source." 

It also should be observed that Articles 4413d-1 and 

441311-2, Vernon's Civil Statutes, which.are to be considered in 

pari materia with Article lOllm, declare the public policy of 

the state is n . . . to render technical assistance and to assume 

responsibility for coordinating relationships between local governmental units and federal agencies. . . ." in any federal 

grant program. It is our opinion that the powers of the City of 

El Paso and the Council of Governments, both of which are gwernmental units and political subdivisions of the state, extend to 

Dona Ana County and the Federal agencies with respect to the proposed contract. 

In reply to your second question, our answer is in the 

affirmative, if: 

(1) The city holds the land as one of the lessees under 

the Federal government which owns all of the land: and 

(2) The city administers and operates the recreational 

facilities, either singly or jointly in cooperation with one or 

more other gwernmental units. 

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Mr. Enrique Ii. Pena, page 5 (M-889) 

The City of El Paso is chartered under Chapter 5, 

Special Laws of Texas, Acts of the 30th Legislature, Regular 

Session, 1907, page 24. Section 1 of that Act prwides that 

the city 

II . . . may take, acquire, hold and purchase, 

lease, grant, sell or convey such property, real, 

personal or mixed, as the needs or purposes of the 

corporation may require, either within or without 

the limits of the city, including real estate without the limits of the city of El Paso, for . . . 

for public parks . . ." (Emphasis supplied.) 

Section 2 of the Act of 1907 includes the following 

language: 

II . . . and it shall have and exercise all 

pwers of municipal government not prohibited to 

it by this charter or by some general law of the 

State of Texas, or by the provisions of the Constitution of the State of Texas." 

We are of the opinion that Section 1 of the Act of 1907 

authorizes the city to acquire a lease on the land in question 

and to develop it as a recreational facility. The statute expressly authorizes the holding of real property without the limits 

of the city, and does not restrict such holding to land within the 

county or the state. The broad powers granted under Section 2 of 

the same Act would also authorize such holding. 

We are of the opinion that the broad powers granted to 

the city under Section 2 will permit the city to contract with 

the El Paso Council of Governments for the development, operation 

and maintenance of the recreational area. 

In addition to the Act of 1907 chartering the City of 

El Paso there are Texas statutes which authorize a city to develop and maintain recreational facilities. We direct your attention to Article 1015c-1, Vernon's Civil Statutes. An examination of that statute discloses the following features: 

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Mr. Enrigue II. Pena, page 6 (M-889) 

1. A city is expressly authorized to establish, operate 

and support public recreational facilities. Sec. 1: 

2. The statute does not restrict the location of the 

park to the city, county, or state. 

3. A city W . . . may establish, provide, acquire, maintain, construct, equip, operate and supervise recreational facilities and programs either singly or jointly in cooperation with one 

(1) or more other gwernmental units." Sec. 3. 

4. The statute expressly permits a city to establish, 

operate or support public recreational facilities and programs 

on land held as lessee. Sec. 7. 

5. The statute expressly permits the city to accept 

any gift of money or other personal property for use in the 

establishment, operation, or support of public recreation facilities and programs. Sec. 7. 

SUMMARY 

Dona Ana County of New Mexico may be a third 

party to the proposed contract between the El Paso 

Council of Governments and the City of El Paso, 

under which the City of El Paso is to develop, 

operate, and maintain as a recreational area land 

which lies partly in the City of El Paso and partly 

in Dona Ana County, New Mexico. Dona Ana County's 

obligation under that contract is primarily to 

contribute $25,000 to the development of the area 

and to maintain police patrol over the land situated 

in New Mexico. 

The City of El Paso is authorized to enter 

into the proposed contract with the El Paso Council 

of Governments for the development, operation and 

maintenance of a recreational area, where the land 

constituting such recreational area lies partly 

within the city limits of the City, partly within 

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i ., 

. 

Mr. Enrigue H. Pena, page 7 (M-889) 

the County of El Paso, and a part of the land is 

within the County of bona Ana. State of New Mexico. 

The city will hold the land as one of the lessees 

and will administer and operate the recreational 

area, either singly or in cooperation with one 

or more other governmental units. Art. lOllm, 

1015c-1, 4413d-1 and 441311-2, V.C.S., and Acts 

30th Leg., 1907, R.S., Spec. Laws, Ch. 5, P. 24 

(Charter of the City of El Page). 

V ,/ ry i truly y rs, 

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WF C. MARTIN 

Atto ey General of Texas 

Prepared by James S. Swearingen 

Assistant Attorney General 

APPROVED: 

OPINION COMMITTEE 

Kerns Taylor, Chairman 

W. E. Allen, Co-Chairman 

Melvin Corley 

Sam Jones 

Scott Garrison 

Austin C. Bray, Jr. 

MEADE F. GRIFFIN 

Staff Legal Assistant 

ALFRED WALKER 

Executive Assistant 

NOLA WHITE 

First Assistant 

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