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Untitled Texas Attorney General Opinion ( 1977 )


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  •           T``~:ATTORNEYGENERAK.
    OF    TEXAS
    AUSTIN.   TCKAS   78711
    The Honorable Raul L. Longoria        Opinion No. H- 936
    Chairman
    Special Committee on Border Trade     Re: Authority of City
    & Tourism                        of Brownsville to construct
    Senate Chamber                        and maintain an inter-
    State Capitol                         national bridge.
    Austin, Texas 78701
    Dear   Senator Longoria:
    At the request of the majority of.the members of the
    Senate Special Committee on Border Trade and Tourism, you
    have asked the following question:
    Does the City of Brownsville have legal
    authority to apply for and construct and
    maintain an international bridge across the
    Rio Grande River which connects the City of
    Brownsville with the Republic of Mexico?
    The city wishes to apply to the federal government for a
    permit to build the bridge. You have informed us that the
    question does not involve possible methods of financing the
    bridge, the requirements of any federal laws or any
    questions arising under state, federal or Mexican law con-
    cerning the proper means of negotiation between representatives
    of the Republic of Mexico and the State of Texas or its
    political subdivisions. Accordingly, our opinion does not
    address these issues.
    Brownsville is a home rule city, deriving its powers
    not from the Legislature, b,ut from article 11, section 5 of
    the Texas Constitution.   Lower Colorado River Authorit
    City of
    -- San Marcos,  
    523 S.W.2d 641
    643 (Tex. d)?            It
    has full authority to do anything ;he Legislature could have
    authorized it to do, limited only by its charter, the
    Constitution, and general law. 
    Id. at 643-44;
    Forwood v.
    City of Taylor, 
    214 S.W.2d 282
    , 286 (Tex. Sup. 1948). -
    p. 3855
    The Honorable Raul L. Longoria - page 2 (H-936)
    The Brownsville city charter does not include a provision
    expressly authorizing the city to build bridges. Nor has
    any ordinance on this subject been submitted to us. We
    believe, however, that the express powers found in the
    following provisions empower the city to pass an ordinance
    authorizing the construction and maintenance of an inter-
    national bridge connecting Brownsville with Mexico:
    The City of Brownsville . . . may
    contract and be contracted with: may take,
    hold, purchase and acquire real estate or
    personal property within or without its
    boundaries, for any municipal purpose,
    governmental, proprietary or otherwise,
    in fee simple or lesser interest, title or
    estate, by purchase, gift, devise, lease or
    condemnation; and may sell, lease, hold,
    manage and control such property as its
    interests may require; and except as prohibited
    by the Constitution of Texas, or restricted
    by this Charter, shall exercise and enjoy all
    municipal powers, functions, rights, privileges,
    immunities and franchises of every name and
    nature, and be subject to all the duties and
    obligations now pertaining to or incumbent upon
    said City as a corporation.   The enumeration
    of particular powers by this Charter shall
    not be held or deemed to be exclusive, but
    in addition to the powers enumerated therein
    or implied thereby, or appropriate to the
    exercise of such powers, it is intended that
    the City of Brownsville have, and may exercise,
    all powers which, under the Constitution of
    Texas,   it would be competent for this
    Charter specifically to enumerate. . . .
    Amended Charter of the City of Brownsville,
    art. 2, § 1.
    The City of Brownsville shall have the
    power . . . to enact and enforce ordinances on
    any and all subjects, provided that no
    ordinance shall be enacted inconsistent
    with the provisions of this Charter or the
    General Laws or Constitution of the State
    of Texas. -Id. § 2.
    p. 3856
    .   I
    The Honorable Raul L. Longoria - page 3   (H-936)
    .   .   .   .
    The governing body of the City shall have
    the power and authority to appropriate so
    much of the general revenue of the City as may
    be necessary . . . for the purpose of making
    permanent public improvements, purchasing,
    erecting and constructing and maintaining public
    works and public utilities of every kind and
    such other public improvements as the governing
    body may, from time to time, deem expedient. . . .
    
    Id. art. 4,
    5 1.
    .   .   .   .
    The enumeration of powers made in this
    Charter shall never be construed to preclude,
    by implication or otherwise, the City from
    exercising the powers incident to the enjoyment
    of local self-government, nor to do any and all
    things not inhibited by the constitution and Laws
    of the State of Texas. - 
    Id. General Provisions,
                      5 1.
    See Zachry v. City of San Antonio, 
    296 S.W.2d 299
    (Tex. Civ.
    APP. -- San Antonio 1956), aff'd 
    305 S.W.2d 558
    (Tex. Sup.
    1957); Attorney General Opinion M-1023 (1971). Cf. Malott
    v. City of Brownsville, 
    292 S.W. 606
    (Tex. Civ. w.    -- San
    A'iitonio1927),aff'd 
    298 S.W. 540
    (Tex. Comm'n App. 1927,
    jdgmt adopted), aff'd as modified 
    300 S.W. 29
    (Tex. Comm'n
    App. 1927, jdgmtadoptz).
    Brownsville has authority, under its charter, to build
    an international bridge. We note that authorization of the
    construction and operation of international bridges by
    political subdivisions in Texas is not unprecedented.   For
    example, the Legislature has authorized any county bordering
    a river between Texas and Mexico to construct a toll bridge
    over the river. V.T.C.S. art. 6795c, S 1. Cf. Attorney
    General Opinion H-825 (1976). It has also authorized any
    city, including a home rule city, to purchase an inter-
    national toll bridge within fifteen miles of its corporate
    limits. V.T.C.S. art. 1015g, S 1. A Texas court has found
    this provision not in violation of the constitutional
    p. 3857
    The Honorable Raul L. Longoria - page 4     (H-936)
    nrohibition asainst local or special laws and not an arbitrary
    and unreasonable grant of authority.   Tex. Const. art. 3, §
    56;  S"~lknsp~;oCl;``g~fn``~it::6 S.~.;~u;;4io~;~ Je;d ziv.
    APP.
    contract to purchase a bridge, even though it was entered
    into before the bridge was built. Article 1015g also
    authorizes cities to maintain, improve, and operate any
    bridge acquired under the Act. Section 2. A city may issue
    bonds to reconstruct or replace the bridge, or to build an
    additional bridge. V.T.C.S. art. 1015g, § 13(b); arts.
    1187a-1, 1187a-2. We believe that the Legislature which
    authorized counties to build international bridges and
    certain cities to buy, maintain, and replace them could also
    have authorized Brownsville to build and maintain an inter-
    national bridge without violating the Constitution.
    The provision contained in the Brownsville charter is
    not inconsistent with any general law. The city's power to
    purchase a bridge under article 1015g does not imply that it
    lacks power to acquire a bridge by construction.        Section 17
    of article 1015g provides that the powers conferred by the
    Act do not orevent the‘citv from exercisins other powers
    conferred
    __-.-_----      bv anv
    -~ --.~ other law. --
    See also V.T.C.S. art- 1176;
    Cameron v. Cit of Waco! 
    8 S.W.2d 249
    , 254 (Tex. Civ.
    APP . --Waco  -YE758 I, no writ). The intent of the Legislature
    to-limit the power of a home rule city must appear with
    unmistakable clarity.
    S.W.2d 550 (Tex. Sup. ,~.~W%?~?&r%%                       2:"
    legislative intent to limit the powers relevant to this
    project which appear in the Brownsville charter. We conclude
    that insofar as State law is concerned the City of Brownville
    may build and maintain an international bridge connecting
    the city with the Republic of Mexico.
    SUMMARY
    The City of Brownsville has authority
    under State law to construct and
    maintain an international bridge
    connecting the city with Mexico.
    We offer no opinion as to federal law,
    nor do we pass on any method of
    financing.
    Attorney General of Texas
    ‘ii:3858
    The Honorable Raul L. Longoria - page 5 (H-936)
    C. ROBERT HEATH, Chairman
    Opinion Committee
    jwb
    p. 3859