Untitled Texas Attorney General Opinion ( 1944 )

.-., R NEP “GENE 0 Superseded by subsequent changes in the law Honorable A. E. Sutton County Auditor Anderson County Palestine, Texas Dear Sir: Opinion No. O-6273 Re: Use of machinery, equipment, and employees of county, financed out of oounQ~ funds, for work on city owned airport which lies outside the oity limits. Your rseont request for an opinion of this department on the above stated question has been received, and from which we quote the follcv~ing: "The City of Palestine wants one of the conunioeionersto use the maahirrery and equipmmt of Anderson County and the county employees who usually work on the pulilie1aoad8of Anderson Bounty, ta do work 0~ the airport of the City of Palestine, which lies outside of the city limits. The City of Palestine wants the county to furnish such material and equipment free of chanrge, and wants the men employed in the %ark paid by Anderson County. "Pleasedvise me whether or not the Coun$y Commissioner can legally use the rpaohineryand equip,ent, and employees of the county, to be furnished and paid for out of the funds of Auderson County as abcva explained." It is elementary, of ocurse that counties aot tiiroughtheir govern- ing bodies, the ccmmissiowst court, whose authority is strictly limited to J&G powers expressly or impliedly aonferrod by law. &der Article 1269h, Vernon's Annotated Civil Statute;:,either a city or a county may establish, maintain, operate, lease or sell to the Federal Government an airport, but the methods therein prcvidad are 8x- cl.dsiveand there is B@ legislative authori@ for the city to ow7.l the airport nnd the county to maitain same at the expense of the county. In opinion NC. O-5230. this dspartint held that, legislative authority lacking, a city and county may not jointly acquire and operate an airport. I will enclose said opinion for yoir observation. Hon. A. E. Sutton, pays 2 (O-6273) Probably, the nale.that applies to and controls this case is that where a power is g:snted,nnd the method of its exercise presoribed, the prescribed method excludes all others, and must be followed. (Citizens* BP& V.-City of Terrell, 14 S.% 1003). The Legislature (Article 126921)has given to both the cities and the counties the authority to operate and maintain an airport, but this authority is for independent action on the part of either. Therefore, it is the opinion of t!lisdepartment that a aounty ocmmissioaer cannot legal- ly use the machinery and equipment and employees of the county to be fur- nished and paid for cut of the funds of the county for vork onci6tyowed airport, regardless of where the city airport is sltueted. Yours very truly ATTORNEY GENEFU OF TEXAS By /s/ Jno. C. Knorpp John C. Knorpp Assistant APPROVED NOV 15, 1944 /d Grover Sellers ATTORNRYGIXiWRALOFTEKAS JCKrfo: 86~ Approved Opinion Committee ByBIVB Chairman