Untitled Texas Attorney General Opinion ( 1971 )

KNEBIT GENERAL OF XAS March 10, 1971 Mr. R. T. Harris, County Auditor Opinion No. Md 804 Mr. Ed Keys, County Attorney Ward County Re: Authority under Article Monahans, Texas 1015~4, V.C.S., for Ward County to operate a public golf course on land owned by the Gentlemen: City of Monahans. In your recent letter you requested the opinion of this office on the following question: "Is the operation of a nine-hole golf course (park) under Art. 1015c-1, R.C.S. by Ward County, Texas, valid where said acreage is owned'by the City of Monahans, Texas. It has previously been leased by said City to the Monahans Country Club, said lease had been donated by said club to Ward County, Texas, and said acreage, and the management thereof, Is controlled absolutely by a Bureau established by the Commissioners' Court of Ward County, Texas, under said Art. 1015c-l?" Your inquiry is governed by the provisions of Article 1015c-1, Vernon's Civil Statutes, the relevant portions of which are copied below: "Article 1015c-1. Recreational programs and facilities; establishment,by counties, cities and towns, jointly or singly, authorized Purpose Section 1. The purpose of this Act is to pro- mote the establishment, operation and support of public recreational facilities and programs by local government units of this State either singly or jointly. -3905- Mr. R. T. Harrls, page 2 (M-804) Mr. Ed Keys Definitions Sec. 2. As used in this Act: (a) The term 'governing body' means any city council, city commission, county commissioners court, or other body acting in lieu thereof. (b) The term 'governmental unit' means any city, town, or county. (c) The term 'board' means any board, com- mission, committee or council appointed or designated to carry out the provisions of this Act. Recreational powers Sec. 3. Any governmental unit may establish, provide, acquire, maintain, construct, equip, operate, and supervise recreational facilities and programs, either singly or jointly In cooperation with one (1) or more other governmental units. Elections Sec. 4. Any govermmental unit may submit the question of whether it shall exercise the powers conferred in Section 3 to an election of the quali- fied electors of such unit. Finances Sec. 5. Any governmental unit may pay costs and expenses of carrying out the provisions of this Act from the general revenues of the unit, or from other revenues now provided by law for the estab- lishment or the operation of parks and recreational facilities. D . . Administration Sec. 6. A governfng body may administer and operate recreational facilities and programs through a bureau or department of recreation or through a board established jointly with another governing body. .o. -3906- .- Mr. R. T. Harris, page 3 (M-804) Mr. Ed Keys Acceptance of gifts Sec. 7. Any governmental unit may accept any grant, lease, loan or devise of real estate, or gift or bequest of money, either principal or income, or any other personal property for either temporary or permanent use for the establishment, operation, or support of public recreational facilities and programs. Limitations Sec. 8: This Act shall be cumulative as to all laws, ordinances, and charttr provisions relating to public recreation and parks. (Acts 1955, 54th Leg., P. 1179, ch. 458.) It is the opinion of this office that Ward County may., under the authority of this Article and under the facts set forth in your request, Including full control and operation of the golf course by a Bureau or agency of Ward County, accept the lease donated by the Monahans Country Club and may, at the discretion of the county, establish, provide, acquire, maintain, construct, equip, operate, and supervise a public golf course on land covered by said lease, provided that the Country Club of Monahans has the right under its lease from the city to sublease the land, or has received the consent of the city to such sub- lease. Under Section 5 of Article 1015c-1 the county may pay costs and expenses of carrying out provisions of the Act from general revenues, or from other revenues provided by law for the establishment or the operation of parks and recreational facilities. Under Section 7 of Article 1015c-1 the county may accept the lease made the subject of your request and may accept a gift or bequest of money , either principal or income, or any other personal property for either temporary or permanent use for the establishment, operation, or support of the golf course. SUMMARY Under the authority of Article 1015c-1, V.C.S. and under the facts submitted with your request, Ward County or an agency of the county may maintain -3907- - - Mr. R. T. Harris, page 4 (M-804) Mr. Ed Keys a public golf course on land owned by the City of Monahans where the county holds the land as lessee under a valid lease from the Monahans Country Club, the city9 lessee. Ward County may pay costs and expenses of maintaining the golf course from the general revenue fund, The county may accept a gift of money or personal property for use In maintaining the golf course. Very truly yours, CRAWFORD C. MARTIN Attorney General of Texas By Prepared by James S. Swearingen Assistant Attorney General APPROVED: OPINION COMMITTEE Kerns Taylor, Chairman W. E. Allen, Co-Chairman Bob Lemens Austin Bray Roland Allen James Quick MEADE F. GRIFFIN Staff Legal Assistant ALFRED WALKER Executive Assistant -3908-