. ,,-. .- -
:,..
.~ ,’“@~,/ 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 to iapnauctita
.eeguippe~
zshare or.the prografn. ‘...,
; .:.~‘..
.’ .’
Eon. A. W. Keadowa, page.2
“’ (b) Have legislationadequate for the de&ring
an& protectionof airport approaohes, ~5
such other legislationcs may be neoessary
to vest in ito politic&l subdivisions all
powers necessary to enable them to par- ..
ticipate through the State as sponsors of
airport projects.
“‘(clRave no special tax on aviation fnollities,
fuel, operations,or businesse,sthe proceeds
of which are not used entirely for,aviatlon
pprpoaes.
no* (a) Insure the operation of all public airports
within its jurisdictionin the publio Interest,
without unjust discriminationor unreasonable
oharges.
“‘(e) Insure the propsr operation end maintenance of
all public airportswithin its juHsaictlon.
“’ (fl Eake airports aevelopea with Feaeral aid avail-
able for unrektricteduse by United States Govern-
ment aircraftwithout charge other than an amount
sufficientto cover the cost or repairing damage
done by such aircraft.
“‘(I31 Requlke the installationat all alrports.for
which Federal fun&s have been provided of a
stander& acoountingana fisoal reporting system
satisfaotoryto the Auistrator..
"'That sponsorsbZ projects be required to enter into
contractswith the Civil AeronautlosAdmlnistratlcn
insuring the propermeintehence and protection of
airports davelopedwith 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 Legislaturepassed an Act relating to aeronautics,
(V&non's Texas Session‘LewService, pp 5SC-5Cg) wLioh beonae of-
fective September 3, 1945. This Aot.providcs for the Texas
Aeronautlos Commissionto 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.restan@ aeronautical
progress by providingfor the protection',:ana promotion
snd'bevelopmentof-aeronautlos;by cooperatingin.ef-
- fscti-ng a uniformityof the laws relating to the aevel-
cpmant of aeronautlaeLn t&e several states; by revialng’.
.~.. exietin&statutes relative to-the develppment and regu- .
j' latlon of aeronauticsso as to grant-to :aState agenoy
such powera and impose upon it such duties that the
State may properly perform its functions relative to
aeronsutioscilia effectivelyexercise its jurisaiotion
over persons ana proper.@ within suoh jurisdlotion,may
~asaist~in'thepromntion of a state-wide system of air- ..
.. ports, may~cooperatewith and assist the political
.subaioisionaof this State in order thaC.those engage&
illreron~utloeof every oharaoter tiy-ao-en&agewith ..
.:. 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 aevelopaentof a national systdm of civil aviation
aridfdr aoord%uationof the aeronautical aotivities of
+'thaae f&horlties antl'theauthorities of .thisSt&e \jy
asslstin& in acoo@pllshing*-hepurposes of federal iegb- .
'...lationana .eliminatine; 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
hereinafternamed.project and7or projects, to-v4.t:* * * ' .._
.
airports, and the-land upon which tile same are situated,
' either or.all, and the income therefrom and everything
pertainingthereto aaquired or to be acquired and to
evidence the obLi~3tion therefor by the issuance of bonds,
,notes or warrants, and to 'securethe payment of funds to
purchase same or funds with xhich to construct and equip
the same; 3nd 8s~additional security therefor,.bythe
terms of such encumbrance,may grsnt to the purcboser
under sale.or foreclosure thereunder,a franchise to
operate the projeots herein enumeratedand 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 obligationof 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
'projectand/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. (underscoringours)
.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 au-
thorized 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 Olorethan Pive'ThousandDollars ($sOOO), except
for purchase money, or fuuds with which to construct
and equip tha.stEe or to refund'ahyexisting ihdebted-
ness lawfully created, mtil authorized in like mn-
ner. 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 oftrecords and accounts showing the free
servioe rendered, and the value thereof, and-
showing separately the aE0unt.sexpended 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 superiu-
tendent-ormanager 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 disbursementsmade and the
amounts rsmaihing.unaid as the result of operation
of such projeot andPor project8 during such calendar
year.
"Failure or refusal on the part of tha raayorto
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 luayoror superintendentor manager shall
be subjeot'toa 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 appropriatecivil 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
incorporatedcity in this State'smy receive through .
gift or dedicntioi?,end is hereby mpo:rered to ac-
quire, by purchase tilthoutconde,mationor by pur-
chase through condemnationproceedings,end thereafter
maintain and‘operateaa 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 dedioa-
tion, and is hereby empovaeredto acquire by purchase
without condemnation,a&d thereaftermaintain 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 thanfifteenhundred
! (1500) people, aooording to the last preceding Federal
! .Census.
*C-That the gove'rningbody of any i&&orated
city in this State my, end is hereby empowered, to -
acquire through condemnationproceedings,tracts of
iana located without the co.untyin which aaid city
is located, proviaea said tracts of lend are within
six (6) miles of the courityboundary .ofthe 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 thereaftermintain
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 con-
time to be operated,leased, or sold, as provided
$n this Act.
"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 incorporatedcity or municipalitywithin such
i' __ oounty, or to the Federal Govermert, for the purpose
of maintainingand opereting an airport; and provided
further that any incorporatedcity having acquired
I 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 deerLedby the Government of the united. .
States neoessary for h'ationelDefense, or foliair mail
purposes, or ~snyother 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 inoidentelthereto; and that such Covertig
body shall provide rules and regulationsfor the proper
use-of aqy suoh~airportsin connectionwith the purposes
stated herein;;
Y3ec. 2. (a) For the purpose of oondeming or pur-
chasing, either or both, lands to be used and mintained
as provided in Section 1 hereof, and improvin& and equip-
ping the same for such use, the govurnlng body of any
city or the Oommissloners1 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 collectionof such taxes to be exercised in~ao-
coraence 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;?anagementand
control of the sovL:r:iih&
body of the city or tne Co.mAs-
, sloners* Court of the county acquirin{;the seme, which
is hereby expiiesslgauthori;:
ea and empowered to tiprove,
maintain and conduct the soze as an airport, end for
that purpose to EEIkGmid provide therein all necessary
or fit Fn;provementsand facilities and to fix such
reasonable oharges for the use .thercofns such governihg '
body or Conmissioners Court ShEll de6m fit, and to make
rules and regulationsgoverning 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
improvementstherein,* * *
"Sec. 4. That in addition to and exclusivesof'ahy
taxes,whiohfiapbe 1GViea for thG interest and sinking
fund of any bonds issued mder the .euthoAty of this
Ad, the governing bodyof any city or the Comis-
sioners' Court.of my county, falling withih the
: ternishereof, my and ishereby enpo:veredto levy end
collect a special tax not to exobea for any 03e year
five cents on each One iIundredDollars for the purpose
of i3nproviy,, mintaining a~aaconducting
operating,,.
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 hav'inGa Do ulation of mre then
one Hi.mdred.andSixty Thousand (1ii
0,000) inhsbifants
. eooording to the last preceding federal oensus shall
Han, A. Tii; iil'eadows,
page 11
h5V~ power to Bort(:aGe End encumber their airports
and everything pertainingtherato acquired, or to
be acquired, to sccure~the payment of funds to pur-
oheso 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;ouritytherotor,
by the terms of sucii~~ori~s~eor enouzbrance,my grant
to the purchaser m&r sole or foreclosurethereuudor
a franchi3G to o~orate OUC!Istzjort and the improve-
nents 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. IGosuch 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-ningthe power of
such city to iss,ueany bonds for any purpose authorized
by Law.
Wee. 2. All cities having a population of mare than
.,One mnared End Sixty Thousaml (150,000) inhabitantsac-
COrahg to tie kkst preceding federal cm&us shall have
poner to pledge the incoznefrom 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 characterof 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 fore-
closurethereundera franohise to operate such airport
. and the Foprovementssituatedthereon for a tern of
not over thirty (30) years after such >urchcseL,,subject
to all laws regulatingthe 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 EU-
thorlzed 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 :ThousandDollars (~lOO,OOO.OO)for suah purPosos
without submitting such proposition to o vote of the
qualified tarpEying voters. This law shall tnke pre-
oedenceover au oonflictingoity chox%sr provisiohs."
_-
.
*. .
.
Hon. A..&‘. Xeadowa, page 12
Art. 12693 is in part as followrij
I_
:
"Seotion 1. IIn,aedition to 'thepowers which It
,&y now have, any city haviq a $opulatlon of aore
tlmn forty thousand (i+O,OOO)inhabitants,acoording
to the last.precedingFed6ral Ceqsus, s-hallhove
power (d) to own, aalntain and operate an airport,
either within or without, or partiallywithin and
partially without, the corporntell<s of suoh'
city; (b) to construct,acquire by &i-ft,purchaSe,
lease or the exeroise of the ripjhtof e&ant dozm~,
Improve, 8nlarcf3,extend 0~ repair any airport, ccd
to acquire by gift, purchase, lease or the exercise
of the ri&ht of eminexitdomin, sands or rights lh
land ln.fee simple In connectiontherewith; (0) to
borrow rhoneyand issue its bonds or warrants to
finance ia VIhOleor in part the COSt Of th8 aoqUiSi-
tion, construction,improvement,!-enlargelnant, exten-
aion or repair of~any airport; (d) to gresoribs and
oollect rat86, fees, rents, ?GOuS or other Char588
for the SerVioe and faciliti88afr”orbedby such
airport;.and (a) to pledge to.the punctual payment
of SaiP warragts and Interest thereon all or any
apartof-the'inoo~e,rente, revenues, tolls or other'
receipts derived from the operation OS such airport,
‘. in addition to th8 taxen whioh shall be levied~.. .,~~
annually~,for the payzent oftthe prlno.ipal-and
I’
Anterest on 6ueh warrants. An.airportwithin the
naanin&'bf this Aot shall include all lands and
-bulldingsor other improvementsneoeasary orcon-
..
venLent in the.establishmantandpparation of an
: r :
tiirport,and shall include.suohlands and ilzprove-
_ ~. ‘. .: nents.as ar8,neoessary to assemble or manufaoture
,. 'aircraftfor military or naval use8, or for any .'.
,othergovernmentalpurpose, and to provide housing
-and offioe Spaoe for employees neoessary or inoldental.
to suoi$purposes~~,
,.. %eo. 2; Warrant8 may be authorized to be issued
under this riotby or&lminoe~whichnay be adopted at the
sme n8eting at whloh it Is lntroduoedby a majority of
all th8 members of the &OV8rd.Iig body Of the city then
in office.and shall take effect immediately upon adop-
tion: Suoh warrants shall bear.lnterestat auoh rat8
or rate8 not exoeedlng five (5) per.oentun per annum,
payable Semi-anINalb, may be Dade payable CO bCar8r,
.may be 5.none or more serias, may bear such data or
dates, nay be 3.21
such denoziixiationor 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 registrationprivl-
leges, my be subjeot to such term of rebexgtion,
my be exsouted In such ame?, oiayboktain such
tern, covsnanta and con8ltioh8,nnd.siaybe la such
forin,either coupon or re&istercC,as suoh ordlnanoe
or subrequent ordinance say provide. Said mrranta
shell rcaturzannually ia ruch mounta so that the
a%reGate Lzeunt.of ~l'ihCl&el GiXziaterest fcLI.ing
due in each yaor &all be subotantiaUy equal ovcir
a period not to exceed thirty (30) yr;arsfroa 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.eInstrumentsLaw 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;ctiosenot&thst;mdiog thnt
before th8 delivery thereof 3ad payiaentthorefor any
or all of the persons whose slgaatuxesappear thereon
ehall have ceased to be officers of thencity issuing
th8 sea8.
%ec. 3. lieoity ohall issue any warrzzts purs&nt
to this Act in an aggregate azioutit
in excess of One
3.u1dr88en& Twenty-five ‘i'housend.%Llars
(G125,OOO).
"Sec. I+. No eleotio;lshau be necessary to authorize
the issuanoe of warrants purcuant to this Act, but the
aity shall comply with the provisionsof Chapter 163,
Aots of the Forty-secomiLegislature,with reference
to bi04ers au&.notice of 'intentionto -issueouch war-
rants an& the rightto refe~ez.%um therein'speoified
ahall apply.
*Sec. 5. *{{henevereny oity shall iasu8 warrants
pursuant to this Act, a tax sufficientto pay.when due
the priuolpal and Interest on such warrants shell be
1evieU annually and assessed, oollected ana paia in
like ziannerwith other taxes of such city, provided,
however, th%t if such warrents are peyeble from taxes.
and a&33,tionallysecured 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
OrainanO8and Collect reaSOnable rates, fess, toll8,
rentels or other char&es for the service and facilities
furnishedby 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 Payinentof which such '
revenues shall have been pledged.,includingreserves
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
GOV63XiU8ntof 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 'anyothcr:person,fir= or
oorporatlonto carry out any neoessary or incidental
and thet suoh governi;?&
pill-pOS8; body shall provide
rules and rOgUlatiOnf3for th8 proper use Of'any suoh
eirports,whether used for pleesur8,.8xperlnent,
exblbition,conuneroial purpose, or for the national
defense.
“Seq. 8. Tha acquisitionand operetlon of an air-
'port are'harebydeolarcd 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;nentalto the Dower8 conferred by
any other lew, lnoludine any charter provision. Insofar
as the provisions of this Act am inconsistentd.tJi the
proviaionaof any other law, i.noludLr~gany charter pro-
vision, the provisions of this Act shall be controllinC,
If any provision of this Act, or the applicatiGn Of aunh
provisionsto eny person, body or circuzbxtanae shall be
held invalid;tha reminder of the Act, or the applica-
tion of such provision to persons, bodies, norck-cm-
stances 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 main-
taining the safe and eSiiolent operation and maintonano)
of all publioti owned or publicly operet6d alrprtr,
flying field8 .and lending field8 looeted wlthln 8 dis-
tanoa of ten 1lO).Ipiloauoaputed by air llno rrom the
then existing oity limits of any oity in the State OS
Toxar having a opuletlon of two hundrctd end slghty-
five thousand ( 85 000) inhabitants or more aaoordlng
to the set prsosd Qw or 'any future Federal cenrua,
and to t robot the refotp, lives, and property oi per-
80118ownln& property ln the vlaiaity or such airportr,
fLyin flold8 and landing ilel+& from and artar the
panrage of thle Aot, the right power and authority 28
hereby given to the City Cotmai1 OS suoh oltlea to ex-
tend the llUiit8Of eaid oltle8 for the pur omf na;"d
in thlr Aot, 80 a8 to inolude ulthln its 1L
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 iidl8tenoe 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 oi! 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 taaydoom 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 pro-
meto 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 talkingoff 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 frownsaid Ona thousand l*OOO)
i0.t baok t0 within #aid t-00 thou&and (3,000 f-t,
m-AiA8 $raPlSho round 1.~01 to th. hi&N&t QOrtiQn
Of a 4 8UOh *fn
b uiLQQ:o r ltr uo tu.p o .*
Art. 7065W3 in in part an rOllOW8~
1
"(4 m Q~MOA who Qurohase#'aotor fuel iA the
YtStO Of TeXaS, #Ad #A7 d~#tr lb uto wh orlp p r o p r la to a
-tOr iUOl rOr US0 whon #U&k mtor fuel Qumharod br
8UOh QOSSOJJOr U&d by 8uoh di#tributOr iOr OQomtlw
or rop8llUing 84 ltatlon8ry ga# OnginO or traotor,
US0 i r0r a6rloultural p~rpO808, motor boa%&, llroraf*,
or for my gurpoe* other ttm USa ta l mtor vohiol~
03’OrS~kb Or fatonbod to bo oporatod in nhob OF in
Wrt UDOAMY Or tho publio highwag&, roSd8, Or Street8
Of th8 St8tS~Of Toxae, on whloh a&Or iuol t+X haa beon
RalU, olthw d.lrootly or tidlropt4, shall be r*Wded
the 8ftIOU&Of luoh tax08 80 Q&i4 by the t%letribUtorr
oxolu8lvo 0r the on* (1) per 0ant doduotlon al.lowOQ
diStribUtOr8 Upon tho Sirat #alo, di8tribUtlOU Or U8o
Of eiid plotor, fuel, for oollootlng ah& rpznlttingth*
tax and ror lva p o r a tlo anti aother ~088~8 in tho -or
Mob SUbjOOt t0 tha li@tot$.oa8 and oondltiOal8de8oAbod
'QIMlA,, Provided, honoior, that no greater anOUUt 8hau
be MfUUdiid thM ha8 beon 016 Lnto th0 TWISW - aw
mote?fuel. Tho tax aotueP l,ypaid 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,ySo;-public purposes, * * * and
all other property devoted exolusivoly to the uso
and bctnefitor the publlo shall be exempt from
* * * tnxatlon.~
Art. 7150 provides in part as follows:
,?Thefollows property shall be exempt rroa
.taxstl.on;
to-witr
n* * *
"4. All i;roperty,ishetherreal or personal,
balon&hg exclusively to,this State, or any
.polltioalsubdivisionthereof, or tne United :
States,.* * *"
The above are the statutes. thst have to do with the question .
subtittedby you and, in our o$5nioE, authorize the following
answe*s to the various parts thereof:
04 'IheTexas Aeronautics Conmission is the oillpo~Yloia1 '
- state body or organizationthat Is authorized to assist in the
(. National Airport ?lan, ,butVieare unable to state whether sr Eat
it is equipped to oonduot its share oi'leid program as we era
without lnformatioaas to what its share therein may be, as Vie3.l
as what it may be tialledupon ta do Ln making said .Alrport?lan
effective.
(b) It is our opinion that,the qbove quoted stat&es pro-
vide Por the olearing and proteotion of airport approaches,azid
that the.Qolltloalsubdlvlslonsreferred to In said statutes
have the necessary powers to enable them to participate in alr-
port 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,SiOESas may undertake to
oonatruct airports. Said Comnlsslod'. is not authorized to
'spend auy money in connection with establishing airports, except
its own lhoidentalexpenses for salaries of a director and other
employees; office expenses, traveling expenses, sto., and no
~moneyhaa been aQprOQriStedfor any O'therpWpOSeo
IIon.A. Iv.heaaows, page 18
(0) K:eare uncertain es to What is mant,.by 3ubdiVis:OA (0)
Of your inquiry, but the part3 of the Constitution end apritutea
hereinabovesot out exempt fron taxation all. aviution fecilitiea
belonGing eXClU8iVely t0 &Ad USod by the State, or a ~litical lk
subdivisionthereof, or by the ;InitcdStates. City of irbileoe
vs. State, 113 S. %'.(2) 631, writ refused. Provision i3 ala0
lcsdefor 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'eore of the opinion that 3cid 3tritutca authorize the
Operation of all public eirgorts I.Athis State in the publio
interest and without Imjust disorir?lAotioAor UAreaooAablechargea.
(0) said atntutes are also 3uffio5eAtto 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 thcreunaarfor
the ex+nditure of federal monies Uson airports and other air
navigatior.faoilities; therefore,we a-e of the opinion ,that
airport3 developedwith Federal Uid can be zmde available for
unrestricteduse by United States Goverruaontaircraftwithout
oharCe other thaanaA~amount sufficientto cover the cost of
repairing danage done by suoh aircraft, if this be required
under the laws of the United States.
(g) de fir.dno statute specificallyauthorizingthe 'installa-
tion at each airport for which lederal funds have been provided a
standaid accounting aAd fiscsl reporttic system satisfadtoryto the
Adrdnistrstor, but it is our O#.A~OA that sme is incldelitelly au-
thorized,
'-
The Texas Aeronautics COL&.SS~OA is sutiorized by k3d.g
statute3 to enter into any cootract mceaaary to the execution of
the pov:arsgranted to it, but it ha3 no authority to biAd the state
of Texa3 for thenpayment of any abni~s that have not been 3geOifi-
aally authorizedby appropriationof 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'todo so by 3uoh mAi-
cipality,~pera$A,or persona..,It ia our opinion, therefore, that
said Co&sai,on is authorized t0 enter intO COAtraOtswith the
, _ *
.‘
.
Eon. i:eadowa,,page19
* A. ;;'.
Civil Aeronautios CozmisaioAin3uriiq the 'properLWidteACACe arid
protuotion of airports aOv010pd with Yederol aid and thtilropcrc-
tiOA in the public interest, if and xS,cAauthorized to do ao by
suoh munloipality,person or TArsons 2nd when a8r.wis in ac-
cordame with federal laws, ml63 c::