Attorney General Opinion WW-1129

E NEW GENE OF =XAS Honorable'Harold Green Opinion No. WW-1129 County Attorney Lynn County Re: Whether Lynn County may Tahoka, Texas legally enter into an agreement with the City of Tahoka relative to con- struction of an airport on city held property and Dear Mr. Green: related questions. You state by your opinion request that the City of Tahoka has acquired by written lease a tract of land to be used for airport purposes. The County was not a party to the lease and has no interest in the land. The County is willing to enter into an agreement with the City if it may do so under the Municipal Airports Act, Article 46d of Vernon's Civil Statutes, whereby both would share in the expense of installing and constructing runways on the tract acquired and owned by the City.- You have asked two questions: 1. Whether Lynn County can enter into Article 46d, Vernon's Civil Statutes, an agreement under even though the County 18 not an owner or a lessee OS the land, and 2. Whether such funds as may be expended may be legally paid out of precinct funds, or must such funds be paid fi,om the permanent improvement fund? that: Article 46d-1, Vernon's Civil Statutes, states 11 . . . "(a) 'Airport' means any area of land or water which is used, or intended for use, for the landing and take-off of aircraft, and any appurtenant areas which are used, or intended for use, for airport buildings or other airport facilities or right-of-ways, Honorable Harold Green, page 2 (WW-1129) together with all airport buildings and facilities located thereon. ,I . . . "(d) 'Municipality' means any county, OP any incorporated city, village or town of this State. 'Municipal' means pertain- ing to a municipality as herein defined. Article 46d-14, Vernon's Civil Statutes, pertains to your situation as well as to the situation where two or more municipalities act jointly in acquiring an airport. Article 46d-14, Vernon's Civil Statutes, on joint operations states that: "Art. 46d-14. Joint operations "(a) Authorization. For the purposes of this Section, unless otherwise qualified, the term #public agency' includes munici- pality, as defined in this Act, any agency of the State government . . . and the term 'governing body' means the governing body of a county or municipality, and the head of the agency if the public agency is other than a county or municipality. . . . "(b) Agreement. Any two (2) or more public agencies x enter into agr;;;;",;; with each other for joint action D to the provisions of this Act and any two -(T) or more municipalities are specially authorized to make such agreement or agree- ments as they may deem necessary for the joint acquisition and operation of airports and air navigation facilities. Concurrent action by ordinance, resolution or other- wise of the governing bodies of the parti- cipating public agencies shall constitute - . joint action. Each such agreement shall specifv its durEn=e DroDortionate interest which each Public-agency shall have in the proDerty, facilities and privileges involved, the proportion to be borne by each public agency of prelim- inary coats and costs of acquisition, Honorable Harold Green, Page 3 (m-1129) establishment, construction, enlargement, Improvement, and equipment of the air- port or air navigation facility, the proportion of the expenses of maintenance, operation, regulation and protection thereof to be borne by each and such other terms as are required by the provisions of this Section. m agreement w also provide for: amendments thereof, and conditions and methods of termination of the agreement; the disposal of all or any of the property, facilities and pri- vileges jointly owned, prior to or upon said property, facilities and privileges, or any part thereof, ceasing to be used for the purposes provided in this Act, or upon termination of the agreement; the diatrl- bution of the proceeds received upon any such disposal, and of any funds or other property jointly owned and undisposed of; the assumption or payment of any indebted- ness arising from the joint venture which remains unpaid upon the disposal of all assets or upon a termination of the agree- ment; and such other pro$siona as may be necessary or convenient. (Emphasis added) It is well settled law in this State that the Com- missioners' Court of a County has only such powers as are expressly or by necessary implication given it by the Consti- tution and statutes of this State. Mills v. Lampaaas County, 90 Tex. 606, 40 S.W. 403 (1897), Roper v. Hall, 280 S.W. 289 (Civ.App. 1925, rehearing den.). "It is a well-recognized principle of law that where the Legislature prescribes a definite, certain method of procedure for a city or count;y, all other methods are by implication of law excluded. Foster v. City of Waco, 113 Tex. 352, 255 S.W. 1104 (1923). A reading of the above Section and the other provisions of this Act reveals the basic pattern that some interest in an airport must be held by the municipality acting. Article 46d-3, Vernon's Civil Statutes, provides for the disposal of airport property by one municipality to another. Under this Section Lynn County could comply with the law if the City of Tahoka conveyed an interest in the property. Attorney Generals8 Opinion No. o-6762 (1945) holds that improvements such as airport runways are in Honorable Harold Green, Page 4 (WW-1129) the nature of permanent improvements. Section 9 of Article VIII of the State Constitution not only controls the raising of funds but the disposition of those funds as well. Funds raised for one purpose cannot be spent for another purpose. 202 S.W. 504 (1918). Carroll v. Williama, 109 Tex; 155, Lynn County may not legally enter into the pro- posed agreement with the City of Tahoka to share the expense of installing and constructing zzlrways unless and until the Citjr conveys to the County an interest in the land that is to be used for airport purposes. County funds which may be legally spent must come from the permament improvement fund. SUMMARY Under the facts as stated, Lynn County is not authorized to enter into an agree- ment whereby the expenses of installation and construction of airport runways would be shared with the City of Tahoka; unless and until the City conveys to the County an interest in the land that is to be used for airport purposes; the permanent improvement fund is the proper fund from which the construction of airport runways is to be financed. Yours very truly, WILL WILSON Attorney General of Texas BY William H. Pool, Jr. Assistant WHPjr:mm:lgh Honorable Harold Green, Page 5 (WW-1129) APPROVED: OPINION COMMITTEE W. V. Geppert, Chairman Iola Barron Wilcox Robert T. Lewis Robert Rowland Sam Ray Wilson REVIEWED FOR THE ATTORNEY GENERAL BY: Howard W. Mays