Untitled Texas Attorney General Opinion ( 1949 )

A NETiT TEXAS September 13, 1949 lion. llathan M. Ho1t Opinion Ilo. v-go0 . County Attorney Panola county Re: The legality ef PamU County Carthage, Texas entering Into a lease agree- rent vlth private citizens for airport fadilltles. Dear Sir: Your request fer an eplnlen Is in part as fel- lows: "It Is requested that yeur office render an eplnlon on the legality, of Panola County, Texas entering into a lease agreement with private citizens for airport facllltier In the restricted manner evidenced by the enclosed contract and further whether they can enter into a lease agreement for 'alrport,fa~llltler under any twt~y~; -a+ related ', "~'_, ~m%~fip~,p ,~ It was held in Attorney ,Qenerallb'Oplmien Re. O-4972 that there was no provision In the statutes ef this State which would authorize a county to acquire land for an airport by lease from an lndivldual. Sub- sequent to this Opinion, H.B, 334, Acts of~the 30th Leg- islature, 1947 Chapter 114, page 183 (.Aitidle,466-l-- 466-22, W.C.S.j, was enacted. ,; * "~, Article 46d-1 provides: '~';" ,,~I: ,, “As used in this Act, unless~-~t~~#hext.~.: :., othervlse requirea. "(d) gMunlcipalityw means any, county, or any incorporated city, village or townof .thir state. Wunlcipal~ means per~lningto a mu- nicipality as herein defined. Article 46dd provides: '(a) Establ+vhment,, Operation, Iand AC- quisition. Every mGnitilpalityy?$s author,iz,ed ;,.I ,>(. ,, Hon. Hathan M. Holt, page 2 (V-900) out of any appropriations or other moneys made available for such purposes, to plan, es- tablish, develop, construct, enlarge, improve, maintain, equip, operate, regulate, protect and police airports and air navigation facil- ities, either within or without the terrltor- ial limits of such municipality and within or without the territorial boundaries of this State, including the construction, lnstalla- tlon, equipment, maintenance and operation at such airports of buildings and other faclll- ties for the servicing of aircraft or for the comfort and accommodation of air travelers, and the purchase and sale of supplies, goods and commodities as an incident to the opera- tion of its airport properties. poses the munlcinftllty may use an!--%F- avails e property that It nag now or hereafter own or control and may, by purchase, gift, devise, lease, eminent domain proceedings or other- wise, acauire property, real or personal, or any Interest therein including easements In airport hazards or land outside the boundar- ‘ies of an airport or alrnori;-site, as are nec- essary to nermlt aafe and efficient operation of the airport or to permit the removal, elimination, obstructlon--marking of obstruc- tion--1ig hting of airport hazards or todpre- vent the establishment of airport hazar s. “(b) Acquisition of Exlstlng Airports. The munlcipallty may by purchase, gift, de- vise, lease, proceedings or otherwise, acquire existing airports and air nav.lgatlon’ faclll- ties, provided however it shall not acquire or EiG over any airport or air navigation facll- ity owned or controlled by another municlpallty or public agency of this or any other State without the consent of such municipality or public agency.” Under the provisions of Article 46d-2 Pan&a. county, acting by and through its Commissioners’ Court, has the express authority to lease.existing airport facilities from private citizens or individuals. The Commissioners’ Court, acting under this authority, leased from W. C . Martin of Panola County the surface of ninety acres of land for the purpose of Hon. Rathan M. Hclt, page 3 (V-900) airport landing strips and facilities only. You have pointed out certa+n objectleasto the ceatract, such as the restricted control of the improvementsaad alleged lack of present beseflt to the county. All of this gees to the merits of the contract rather than Its legality. The term of the particular contract are subject to the dlscretiQn of the Commissioners’ Court so'lexg as they are vlthln the general authority of the statute. In view of Article 46d-2, it is eur opinion that the Commissionerst Court of Panola County acted within Its statutory authority vhen It entered into the lease contract above referred to. The Commissioners8Court of Panola County has authority to lease from individualsexlst- ing airport facilities. Article 46d-2, V.C.S. Yours very truly, ATTORREY ORRERAL OF TEXAS John Reeves JR:bh Assistant APPROVED $iL.$s!! ATTORHEY 0EJtEREd.a