Honorable Judson Balch
county Attorney
Baylor County
Seymour, Texas
Dear Sir: Opinion No. O-3665
Ret Does the Commissioners' Court
have the authority to order an
election in Baylor County to
vote bonds to acquire lands and
provide neaassary improvements
for.an aviation trsinifig school
and lease the same to a private
concen for operations?
Your telegram of August 8, 1941, requesting BR opinion of
this department upon the above stated question has been reaeived.
Section 1 of Article 1269h, as amended by the 47th Legisla-
ture, 1941, reads 8s follows:
'"Seotion1. A - That the governing body of any
incorporated city in this State may receive through
gift or dedication,,and is hereby empowered to acquire,
by purchase without condemnation or by purchase through
condemnation proceedings, and thereafter maizztainand
operate as an airport, or lease, or sell, to the Federal
Government, tracts of land either within or without the
corporate limits of such city and within the county in
which such oity is situated, and the Commissioners'
Court of any county may likewise acquire, maintain and
operate for like purpose tracts of land within the limits
of the courty.
"3 - That the governicg body of any incorporated
city in this State may receive through gift or dedioa-
tion. and is heroby empowered to eoqulrs by purchase
without condemnation, and thereafter maintain end operate
as an airport. or lease, or sell.to the Federal Govern-
ment, tracts of land without ti:eoounty in which such
city is situated, provided said tracts are not within
five (5) miles of another incorporated city that has a
population of more than fifteen hundred (1500) people,
according to the last preceding Federal Censusa
Honorable Judson Salah, page 2 O-3865
”c - That the governing body of any incorporated
city in this State may, and is hereby empowered, to
acquire through oondamnation proceedings, tracts of land
located without the county in which said city is looated,
provided said tracts of land are within six (6) miles of
the county boundary of the county in which said city is
looated, end ere not within five (5) miles of another
incorporated city having a population in excess of fifteen
hundred (1500) people, acoording to the lest preceding
Federal Census; end that said city may thereafter maintain
end operate es en eirport.,or lease, or sell, said tracts
to the Federal Government; provided, however, that the grant
herein made to acquire land through condemnation proceedings,
mithout the county in which said city is located, shell
expire on December 51, 1942, but that tracts of lend acquired
prior to that date, end under authority of this Act, may
continue to be opereted, leased, or sold, as provided in
this Act.
I'
D - In eddition to the power herein granted, the
Commissioners' Courts of the several counties of this
State are hereby authorized to lease any airport that
may be aoquired by the eounty, es herein provided to
any incorporated city or municipality within suoh county,
or to the Federal Government, for the purpose of maintaining
and operating en airport; and provided further that any
incorporated city having acquired land for an eirport, or
en airport, under the authority of this Act, shell have the
right to lease said land or said airport to the county in
which said incorporated city is located.
"E - In e addition to the power which it may now
have, the governing body of an incorporeted city shell
have the power to sell, convey, or lease, sll or any
portions of any airports heretofore sstahlished or that
mey be hereefter established, or eny lend acquired under
the provisions of this Act, to the United States of
America for any purpose deemed by the Government of the
United States necessary for National Dsfensa, or for air
mail purposes, or any other public purpose, or to the
State of Texas, or any branch of the State Government,
or to any other person, firm, or corporation, to carry
out any purpose necessary or incidental to National
Defense or training incidental thereto; end that suoh
governing body shall provide rules and regulations for
the proper use of eny such airports in connection with
the purposes stated herein."
Section 2 of Article 1269h, Vernon's Annotated Civil Statutss,
provides:
Honorable Judson E&oh, pege 3 O-3666
"For the purpose of condemning or purchasing either
o,rboth lends to be used and,maintained es provided in
S,eotion1 hereof, end imprwing end equipping the same
for suoh use, the governing body of any city or the Com-
missioners' Court of any oounty, felling within the
terms of such Section, may issue negotiable bonds of the
city or of the oounty, as the cesa may be, and levy taxes
to provide for the interest end sinking funds of any such
bonds so issued, the authority hereby given for the is-
suance of suoh bonds end levy end collection of such taxes
to be exercised in accordance with the provisions of
Chapter 1 of Title 22 of the Revised Civil Statutes of 1925*"
Section 4 of Article 1269h, supra, provides;
“Sec. 4. That in addition to end exclusive of any
taxes which may be levied for the interest end sinking
fund of any bonds issued under the authority of this Act.
(Art. 1269h) the governing body of any city or the Com-
missioners' Court of any county, felling within the terms
hereof, may end is hereby empowered to levy and c,olleot
8 special tax not to exceed for,any one year five cents on
each One Hundred Dollars for the purpose of improving, oper-
ating, maintaining end conducting any Air Port whioh such
city or county may acquire under the provision of this Act
(Art. 126911)end to provide all suitable structures, end
facilities therein. Provided that nothing in this Act
(Art. 1269h) shell be construed as authorizing any city
or county to exceed the limits of indebtedness placed upon
it under the Constitution."
It will be noted that Section 2 of Article 1269h, supra,
specifically provides for condemning or purchasing either or both,
lands to be used end maintained as provided in Se&ion 1 of the abwe
mentioned statute and in improving end equipping the same for such use,
and that the cormnissioners'Court is authorized to issue negotiable
bonds of the county end levy taxes to provide for the interest end
sinking funds of any such bonds so issued, such authority to be exar-
cised in accordance widththe provisions of Chepter 1, Title 22 of the
Revised Civil Statutes of 1926. We think that this provision of the
statute authorize'sthe county to issue negotiable bonds end to levy
and collect taxes to provide for the interest and sinking funds of
any such bonds so issued for the purpose of securing land end improving
the sama and providing equipment to be used fortha purpose of en air-
port, as provided in Section 1 of said statute es quoted above. It is
~11 established that statutory authorization is essentiel to the
issuance of obligations by .a county in the form or nature of bonds:
and whore porvcrto issue bonds has bean conferred it must be exercised
in the manner prescribed by lam.
Honorable Judson Salch, page 4 O-3866
.
Paragraph Trof'Section 1 authorizes the Ccmmi~ssioners’ Court
to lease any airport that may be aoquired hy the county as provided hy
statute, to any inaorporated city or municipality within said county,
or to the Federal Government, for the purpose of maintaining and oper-
ating an airport. This section of the statute also further provides
that any incorporated city having acquired land for an airport, or an
airport, under the authority of the Act, shall have the right to lease
said land or said airport to the aounty in which said incorporated city
is located.
It is well established in this State that the Commissioners'
Court.=have limited jurisdiction in that their authority extends only
to matters pertaining to the general welfare of their respective
counties, and that their powers are only those expressly or impliedly
conferred upon them by law, that is, by the Constitution and statutes
of the1State. It is our opinion that the Commissioners' Court has no
authority to lease an airport to any party except those set out in
paragraph C of Section 1, Article 1269h. Therefore, in view of ths
foregoing statutes the above stated question is respectfMly answered
in the negative.
Trusting that the foregoing fully answer8 your inquiry, we
are
YOUI-S VW)' tNly
ATTORNEY GNBRAL OF TEXAS
Sy s/Ardell Will.iams
Ardell Williams
Aeeistant
AYI:GO:wc
APPROWD AIJG.15, 1941
s/Ro.bertE. Kepke
ATTORNEY GI3NEW.LOF T'EXAS (acting)
Appro-rodOpinion Committee Sy CCC Chairman
Untitled Texas Attorney General Opinion
Combined Opinion