Untitled Texas Attorney General Opinion

THE ATBTORNEY GENERAL OF-TEXAS Honorable J. M. Williams County Auditor Tarrant County Fort Worth, Texas Dear Sir: Opinion No. o-7032 Re: Authority of Tarrant County to lease certain buildings and hangers on an alrport and re- lated questions Your letter of March 14, 1946contains the fol- lowing facts: "Recently there has been a tentative offer by the Federal Government to Tarrant County of the Naval Air Base Training Station at Eagle Mountaln Lake, In Tarrant County. This tentative offer consists In an offer on the part of the Federal Government to turn this air field over to Tarrant County conditioned upon the County's maintaining said air field or alrport and with the further proviso that the Federal Government reserves the right at all times to use said airport to the extent of twenty-five per cent of its capacity should it desire to do so and reserves the further right to again assume control of said airport In the event of a National emergency which would require the Federal Government to use the airport for defensive purposes as has heretofore been used. "The Commissioners Court does not desire to incur any expense by reason of its taking over said air base and a private Individual has offered to lease the air- port from Tarrant County and to assume the burden of maintaining Said airport in the condition In which it will be when turned over to Tarrant County by the Federal Government. It appears from Section 1 of Article 1269h that the Commissioners Court of any County has authority to receive by gift or dedlcatlon and to there- after maintain and operate an airport, and under sub- division (d) of Section 1 of said Article 1269h, It Is provided that the county is authorized to lease any air- port which may be acquired by the County to any lncor- porated city or municipality withln sald county or to the Hon. J. M. Williams, page 2 O-7032 Federal Government for the purpose of maintaining and opergting an airport.n Your letter of recent date requesting the opinion of this department is based on the foregoing facts. We quote from said request aa follows: "On March 14, we asked gout for~a ruling on counties securing Federal Naval Air Base Training Station at Eagle Mountain Lake, Tarrant County. On,March 15 we received copies of your opinions O-6924, O-6878 and O-3865. "Conditions have arisen that we are unable to determine by your opinions; could counties lease 'buildings and hangers or a part of the buildings and hangers and also leasing a part of the farm land on this 2,400 acre tract, or would it be necessary for the county to operate this under their oomplete supervision? "We would also like to know If it would be necessary to finance this through our General Fund, and if a proflt was made, could the profit from this Air Port be applied to General Fund Expendi- tures of the County, or would lt be necessary to set up an Air Port Fund?" Article 1269h, Vernon's Annotated Civil Statutes Is in part as follows: "Section 1. A-That the governing body of any incorporated city in this State mayreoelve through gift or dedication, and is hereby empowered to ac- quire, by purchase without condemnation or by pur- chase through condemnation proceedings, and there- after maintain and operate as an airport, or lease or sell, to the Federal Government, traats of land either within or without the corporate limits of such city and withln the county in which such city is situated, and the Commissioners' Court of any county may likewise acquire, maintain and operate fur like purpose tracts of land within the limits of the county. ~+***+** 'D-In addition to the power herein granted, the Corn- missloners' Court of the several counties of this State are hereby authorized to lease any airport that may be acquired by the county, as herein provided, to any incor- Hon. J. Ed.Williams, page 3 O-7032 porated city or municipality within such county or to the Federal Government, for the purpose o maintaining and operating an airport; and pro- vided further that any incorporated city having acquired land for an airport, or an airport, under the authority of this Act, shall have the right to lease said land or said airport to the county in which sald incorporated city Is locat L. "*++**++ "Sea. 3. Any airport acquired under and -y virtue of the terms of this Act shall be under 2e management and control of the governing body.0: the city or the Commissioners' Court of the county c- quiring the same, which is hereby expressly au orized and empowered to improve, maintain and conduct the same as an airport, and for that purpose to make and provide therein all necessary or fit improve- ments and facilities and to fix reasonable charges for the use thereof as such governing body or Com- missioners' Court shall deem fit, and to make rules and regulations governing the use thereof. &Q& proceeds from such charges shall be devoted excluelvelg to the maintenance. uokeep. imorovement and operation of such airport and the facilities. structures. and,- imorovements therein. . .'I We lnfer from the above quoted parts of your letters that the Federal Government has proposed 'to turn this airport over to Tarrant County" conditioned upon the county's maintaln- ing and operating said airfield or airport, subject to cer- tain reservations. If the County so contracts with the Federal Government, It is our opinion that the County could not use the property or any portion thereof for any purpose other than airport purposes. See Moore v. Gordon(dismissed) I22 S.W. 2d 239, 243. Since the County would be obligated to maintain and operate said airfield or airport, it necessarily follows that the Commissioners' Court would be without authority to lease the whole or any part of said airfield or airport. On the other hand, should the contract permit the County to lease said airfield or airport, the Commisslon- ers' court would be bound by the provisions of Article 1269h, and could only lease the same "to any Incorporated city or munlclpality within such County, or to the Federal Government, for the purposes of maintaining and operating an airport” and for no other purpose. As to your second question concerning the use Of any profit made by the county through the operation Of the Hon. J. M. Williams, pag e ~4 O-7032 airport, we call special attention to the underlined portion of Section 3 of Article 1269h supra. In order "to devote ex- clusively to the maintenance, upkeep, improvement and opera- tion of such airport and the facilities, structures, and improvements therein" all the proceeds derived from charges for the use of said airport, it becomes necessary to set up an Airport Fund. However, if it Is necessary to use any tax money in the operation of said airport, such expenditures should be paid out of the General Fund. If it is necessary to use tax money to make permanent improvements to the alr- port, such expenditures should be paid out of the Permanent Improvement Fund. We are sending you a copy of our Opinion NO. o-6762 which fully discusses this matter. Trusting we have satisfactorily answered your ln- qulry, we remain Yours very truly ATTORNEY GENERAL OF TEXAS By s/J.C. Davis, Jr. J.C. Davis, Jr. Assistant JR:djm:wc By s/John Reeves John Reeves APPROVED MAY 23, I946 s/Grover Sellers ATTORNEY GENERAL OF TEXAS Approved Opinion Committee By s/BWB Chairman