l /a~~a~l• i 3
COMMISSIONERS' COURT AGENDA REQUEST
PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST
AND DOCUMENTS TO BE REVIEWED BY THE COURT.
MADE BY: Commissioner Williams OFFICE: Precinct 2
MEETING DATE: December 10, 2007 TIME PREFERRED:
SUBJECT: (Please be specific). Consider, discuss, formulate and adopt Kerr County's
official position regarding the utilization of the Ken County Airport Authority, created
under HB 956, and approved by the voters of Kerr County, May 22, 1970, and forward
same to Texas Attorney General Greg Abbott. Appropriate action as may be required.
EXECUTIVE SESSION REQUESTED:
NAME OF PERSON(S) ADDRESSING THE COURT: Commissioner Williams.
ESTIMATED LENGTH OF PRESENTATION.
IF PERSONNEL MATTER-NAME OF EMPLOYEE:
Time for submitting this request for Court to assure that the matter is posted in
accordance with Title 5, Chapter 551 and 552, Government Code, is as follows:
Meeting scheduled for Mondays: 5:00 P.M. previous Tuesday
THIS REQUEST RECEIVED BY:
THIS REQUEST RECEIVED ON:
All Agenda Requests will be screened by the County Judge's Office to determine if adequate
information has been prepared for the Court's formal consideration and action at time of Court
meetings. Your cooperation is appreciated and contributes toward your request being addressed
at the earliest opportunity. See Agenda Request Rule adopted by Commissioners Court.
Backup Statement for Agenda Item
The following materials are attached for information and review relating to the
discussion of this agenda item:
1. Amendment to the Constitution of the State of Texas, enabling the
establishment of "Airport Authorities, adopted Nov. 8, 1966.
2. H.B. 956, adopted June, 1967, enabling the creation of a Kerr County
Airport Authority, if authorized by the voters of Kerr County.
3. Letter from County Attorney Rex Emerson to Texas Attorney General
Greg Abbott seeking clarification as to whether or not the Airport
Authority created by Kerr County voters can be utilized 37 years after the
election and canvassing; and whether the alternate airport governance
created by the City and County after 1970 election can legally govern the
Kerrville/Kerr County Airport.
4. Kerrville City Council Agenda for Regular Meeting of Tuesday,
November 27, 2007.
5. Minutes of discussion that took place on this agenda item at City Council
Meeting of 11/27/07.
6. Letter from Kerrville City Attorney Michael C. Hayes to Nancy S. Fuller,
Chair, Opinion Committee for Texas Attorney General Greg Abbott.
TX CONST Art. 9, s 12 Page 1 of 2
~.
Vernon's Ann.Texas Const. Art. 9, § 12
Vernon's Texas Statutes and Codes Annotated Currentness
Constitution of the State of Texas 1876 (Refs & Annos)
"(~ Article IX. Counties (Refs & Annos)
"~ Hospital Districts
y§ 12. Airport Authorities
Sec. 12. (a) The Legislature may by law provide for the creation, establishment, maintenance and
operation of Airport Authorities composed of one or more counties, with power to issue general
obligation bonds, revenue bonds, either or both of them, for the purchase, acquisition by the exercise
of the power of eminent domain or otherwise, construction, reconstruction, repair or renovation of
any airport or airports, landing fields and runways, airport buildings, hangars, facilities, equipment,
fixtures, and any and all property, real or personal, necessary to operate, equip and maintain an
airport.
(b) The Legislature shall provide for the option by the governing body of the city or cities whose
airport facilities are served by certificated airlines and whose facility or some interest therein, is
proposed to be or has been acquired by the Authority, to either appoint or elect a Board of Directors
of said Authority. If the Directors are appointed such appointment shall be made by the County
Commissioners Court after consultation with and consent of the governing body or bodies of such city ~~~
or cities. If the Board of Directors is elected they shall be elected by the qualified voters of the county
which chooses to elect the Directors to represent that county. Directors shall serve without
compensation for a term fixed by the Legislature not to exceed six (6) years, shall be selected on the
basis of the proportionate population of each county based upon the last preceding Federal Census,
and shall be residents of such county. No county shall have less than one (1) member on the Board of
Directors.
(c) The Legislature shall provide for the holding of an election in each county proposing the creation
of an Authority to be called by the Commissioners Court or Commissioners Courts, as the case may
be, upon petition of five per cent (5%) of the qualified voters within the county or counties. The
elections must be held on the same day if more than one county is included. No more than one (1)
such election may be called in a county until after the expiration of one (1) year in the event such an
election has failed, and thereafter only upon a petition of ten per cent (10%) of the qualified voters
being presented to the Commissioners Court or Commissioners Courts of the county or counties in
which such an election has failed. In the event that two or more counties vote on the proposition of
the creation of an Authority therein, the proposition shall not be deemed to carry unless the majority
of the qualified voters in each county voting thereon vote in favor thereof. An Airport Authority may
be created and be composed of the county or counties that vote in favor of its creation if separate
propositions are submitted to the voters of each county so that they may vote for a two or more
county Authority or a single county Authority.
(d) The Legislature shall provide for the appointment by the Board of Directors of an Assessor and
Collector of Taxes in the Authority, whether constituted of one or more counties, whose duty it shall
be to assess all taxable property, both real and personal, and collect the taxes thereon, based upon
the tax rolls approved by the Board of Directors, the tax to be levied not to exceed Seventy-Five
Cents (75~) per One Hundred Dollars ($100) assessed valuation of the property. The property of
state regulated common carriers required by law to pay a tax upon intangible assets shall not be
subject to taxation by the Authority. The taxable property shall be assessed on a valuation not to
exceed the market value and shall be equal and uniform throughout the Authority as is otherwise
provided by the Constitution.
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TX CONST Art. 9, s 12
Page 2 of 2
(e) The Legislature shall authorize the purchase or acquisition by the Authority of any existing airport
facility publicly owned and financed and served by certificated airlines, in fee or of any interest
''` therein, or to enter into any lease agreement therefor, upon such terms and conditions as may be
mutually agreeable to the Authority and the owner of such facilities, or authorize the acquisition of ~i~
same through the exercise of the power of eminent domain. In the event of such acquisition, if there 111n
are any general obligation bonds that the owner of the publicly owned airport facility has outstanding,
the same shall be fully assumed by the Authority and sufficient taxes levied by the Authority to
discharge said outstanding indebtedness. If any city or owner has outstanding revenue bonds where
the revenues of the airport have been pledged or said bonds constitute a lien against the airport
facilities, the Authority shall assume and discharge all the obligations of the city under the ordinances
and bond indentures under which said revenue bonds have been issued and sold.
(f) Any city which owns airport facilities not serving certificated airlines which are not purchased or
acquired or taken over as herein provided by such Authority shall have the power to operate the
same under the existing laws or as the same may hereafter be amended.
(g) Any such Authority when created may be granted the power and authority to promulgate, adopt
and enforce appropriate zoning regulations to protect the airport from hazards and obstructions which
would interfere with the use of the airport and its facilities for landing and take-off.
(h) An additional county or counties may be added to an existing Authority if a petition of five per
cent (5%) of the qualil=led voters is filed with and an election is called by the Commissioners Court of
the county or counties seeking admission to an Authority. If the vote is favorable, then admission
may be granted to such county or counties by the Board of Directors of the then existing Authority
upon such terms and conditions as they may agree upon and evidenced by a resolution approved by
two-thirds (2/3 rds) of the then existing Board of Directors. The county or counties that may ~be so
added to the then existing Authority shall be given representation on the Board of Directors by adding
additional directors in proportion to their population according to the last preceding Federal census.
CREDIT(S)
Adopted Nov. 8, 1966. Amended Nov. 2, 1:999.
HISTORICAL NOTES
2007 Main Volume
This section, proposed by Acts 1965, 59th Leg., p. 2187, S.J.R. No. 1, was adopted at the Nov. 8,
1966 election.
The 1999 amendment, proposed by Acts 1999, 76th Leg., H.).R. No. 62, § 47 and adopted at the
Nov. 2, 1999 election, added subsection identifiers.
Vernon's Ann. Texas Const. Art. 9, § 12, TX CONST Art. 9, § 12
Current through the end of the 2007 Regular Session of the 80th Legislature
© 2007 Thomson/West
END OF DOCUMENT
(C) 2007 Thomson/West. No Claim to Orig. U.S. Govt. Works.
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Ch. 393 3i3Tw f,EusSLATUR~--RLCiTLAR S~I6~I
RRI~R GOJN~4~ AIRPORT AUT~OR)iT~'
CH4P'a''/R 333 E°
Ii. 13. No: 9b3
An Act relating #o ^_reatian o0 lye Derr County Airport Authority under Section 12,
Article IX, %oristitution ofi the State of 7exaE; rr~ttiding `or the authority's
establishment; srgani?ation, sdmtnist.-atiar~, ared fiinancing; and declaring
an emergency.
Be it e7i~sC~d b~ ire Legislature cf the Stale of ?'exas:
SU;~sCHAFT~R A. GENELAL PROVISI^vi~IS
Section. ~. Purpose. The purpose of this Act is to i*nplemeat the
provisions of Se;;tion I2, Article IK, Constitution of the State of Texas,
by providing a ?fiethod for thin zredtian, adnlinisiration, and operation of
an airport authority in Kerr County.
Soo. 2. Definiiions_ in this Act, unless the context rewires a dif-
ferent definition,
(1} "authority" means the Isere County Airport Authority:
(2} "hoard" means the board of directors of the authority; and
(3} "director" means a member of the board.
SUBCHAPTER B. CFtEA370N ANL} ORGA-^?IZATION OF ~`U'i"IfORiTi
Sec. ~. Election. (a) The authorit~g authorized to be es±ablished by
this Act ig created by tite apprcva! of a Tajarity of trte qualified taxpay-
ing voters of Kerr County who vote at an election called for this purpose.
(b} Upon. receiving a petition signed by five percent of the qualified
taxpaying voters of the county, the Commissioners Court of Kerr County
shall order an election on the question of creating the au±hority not less
than 3Q days nor more lean 9Q bays after receiving the petition.
(c} A finding by the commissioners court that a petition presented
under subsection (b} complies vJith this Act is conclusive.
(d} The- artier calling the election must specify the time and place
or places far voting, fhe form and content of the ballot, and the election
;edge for each voting place.
{p} The election ballot « ust ~;antain substantially the following lan-
guage:
"FGA the creation of the Isere County Airpo i Autharify composed
of the area within Kerr County, Texas.='
"AGAINST the creation of the Isere County Airport Authority carn_
posed of the area within iserr County, Texas."
{f) The eammissiorer court shall publish an accurate surn*narv of
the election order in a newspaper of general circulaiion throughout the
oounty once a wee4 far ±E=io consecutive weeks before the date of the
election. The first notice must be published no mare than 28 nor less than
~~ dsys before cite date of t're election.
{g) The eleotior, ,fudge for each voting place shall supervise the
counting of the haIlats cast and oertify the results to the eo:amissioners
court within 14 days after the election. The election results are a public
record aril the coanmissionArs court shall file thorn with the county clerk.
If a majority of the persons voting it the election vote for the creation of
the authority, the eommissionerg court, within 1~ days after the rei;ults are
~. 'Vernoa's Anr..CBv.St. art. 4&d-E rate.
~~~
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filed, shall certify- the results and declare ±he IZerr Cnr~nty Airgart Au-
thority created. A cagy of the order shrill be recorded in the minutes of
the co~!rt.
Sec. 4. Subsequent elections. If a majority of tl;e persens voting
in the election ordered order Section 3 of this Act vote against creatiob
of the authority, no subsequent election may lie ordered on tl-!e question
of creation for at Least one year from the date of t'~e unsuccessful election.
The provisions of Section 3 of this Aet apply to all subsequent elections,
except that 1Q percent of the qualified taxpaying voters of the county
must petition for each subsequent election.
Sec. ~i. Board of directors. (a) The management and control of the
airport authority is vested in a board of directors composed o€ five rriem-
bers.
(b} The governing body of the city of Kerrville shall determine by
rdaj6rity vote whet~:er the directors are to be appointed or elected. The
governing body shalt make this determination by appropriate resolution
directed to the Commissioners Court of x~err County at least 30 days before
the date set for the election on the question of creating the authority.
(e} Ta qualify for apposntment ar election to the board, a person must
(1} be at Ieast 21 years aid;
(2) have tseen a resident of the cou:~ty for at least twe years;
(3) be a qualified taxpaying voter of the Bounty; and
(4) own taxable property is the county which he has duly rendered
for taxation.
Sec. ~S. Appointment of board members. (a} If the governing body'
of Kerrville determines that the directors are to be appointed, the Com-
missioners Court of Kerr County shall aggoiut them within ZQ days after
declaring the authority ;,rested.
(b) To be effective, an appointment to the board mnst be made after
consultation with, and with the consent of, the governing body of Xerr-
ville. The governing body shall express its eorsent by agprogriatQ resolu-
tion.
Sec. 7. Election of board members. Ea} If the governing body of
Serrvilie dete~-~mines that the directors are to be elected, the qualified
taxpaying voters of Kerr Gaunty shall elect them to designated places.
(b) At the time of ordering the election an the question of creating
the authority, the commissioners court shall order t: a election of tae
directors of the authority. The court shall publish notice of the election,
it shall be conducted, and the results certified, filed, anq declared, in
the manner provided in Section S 3f this Act.
(c) A person qualified to servo on the board of directors may bPeorne
a candidate for the board by filing his name with the commissioners eanrt
at least 14 days before the date of the election. At the time of filing,
each Berson shall state the place far which he is a candidate.
(d) Each person entitled to vote in the election near cast his vote for
one candidate for each glace.
(e) The persons receiving the highest number cf votes for each place
constitute the first board of directors.
(f) Thereafter, the commissioners court shad order an election to be
held each year on the first Tuesday after the first ?~fond-ay in November
for the purpose of electing the appropriate number of directors ±e the
board.
Sec. $. Term of office. (a) Each director steal: he appointed ay- elect-
ed to occupy a designated glace. Those cccugying places 1, ~, and ~
shall be originally selec±ed to serve for a form to expire on November 30
of the first year fallowing their selection, or until their successors have
qualified. Those oeenpying Places 2 and 4 shall be originally selected to
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Ch. 393 6CITI~ I~EGTS~ATUR~` -~;~Et'ir€JI~AR ,~SESSIflI+T
serve for a Term to expire an November 30 of the second year following
their selection, or until their successors have qualified.
(b} If the directors are appointed, the commissioners court, after
consultation with and with the consent of the governing body of Kerr-
ville, shall appoint a successor to the board an the expiration of a direc-
tor's term.
{c} The court shall fill any vacancy an the board by appointment for
the unexpired portion of the vacant term.
dec. 3. i,2ualification of directors. (a) 1Vhen a person is appointed
ar elected to the beard, he shall qualify for office by taking the constitu-
tional oath of office before the county judge and r1y executing a ~5,€lb0
bond wiih a corporate surety authorized to do business in this state. the
band shall be made payable to the authority and canditianed on tl'ie faiti~-
fuI performance of the director's duties: The bond premium is an ex-
pense of the authority.
{b) 'the secretary of the board shall deposit the directors', treasurer's,
and tax assessor and collector's bands with the authority's depositary.
See. ifi. Organization of board. (a} CYithin 15 days after the ap-
pointment or election of the initial directors, the board shall meet for
the purpose of electing a chairman and vice chairman to serve for the
fellowirg year. The board shall meet once each year on a date set by
the board for the purpose of electing officers.
<b) The board shall appoint a secretary to keep the minutes and rec-
ords of the board_ The secretary need not be a director.
(c} The board shall appoint a treasurer :;'ho shall exCcute a bond,
in an amount set by the board; with a corporate surety authorized to da
business in this state. The bond shall be made payable to the authority
and conditioned on the faithful performance of the treasurer's duties.
The bond premium is an expense of the authority. 11^he treasurer need
not be a director.
Sec. 11. Expenses of directors. A director is oat entitled to compen-
sation for his ser-vices. %iowever, each director is entitled to reimburse=
ment far his ;.ecessary expense incurred in performing his duties as di-
rector.
Sec. 12. Board meetings. (a) Three merc~bers of the board constitute
a quorum and may act for ±he authority.
(b) The board shall hold at iPast sue publi;, meeting every three
months. Additional public meetings may be held for the transaction of
the authority's general business.
SITFtG~APTER C. Al?MINI$TRATION Or AUTFIORITX
Sec. i3. Powers and duties of beard. (a} The board has full power
to manage, control, and operate the authority. In this connection, the
board may
{2) exercise all powers expressly or impliedty conferred by the pro-
visions a;: Section 12, Article IX, Constitution of the State of Texas ;
E2) exercise all of the powers granted to municipalities in the opera-
tion of airports by the Municipal Airearts Act (Article 46d, Vernon's
Texas Civil Statutes), as now or Inter amended, which are oat inconsistent
with the provisions of this Act; and
(3) adopt and enforce appropriate zoning regulations under the pra-
visiot~s of the Airport Zoning Act {Article 4Ge, Yernon's Texas Civil
Statutes), as now ar- Later amended, and may exercise all the power grant-
ed to a political subdivision by that Act.
l,b) Tl-,e board s=.ali keep aI! boobs, papers, ac;.ounts, notices, minutes,
and other business records of the authority at the authority's office. The
$~~
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board shall ntal;e these records available for public inspection at reas~n-
able banes:
(c} The board shall adopt rules for the efficient operation of the au-
thority and its facilities. The board shall furnish copies of these rules
to interested persons upon request and at the authority's expense.
(d} The board shall require an annual independent audit of the ae-
eaunts of the authority and shall file a copy of the audit with the au-
thority not later thaaa ~eceanber 1 of each year, except the first, of the
authority's operation.
(e} The board may
(i} prescribe purchasing procedures and the accounting system for
the authority;
(2) employ an attorney, general manager, bookkeeper, engineer, archi-
tect, and other employees necessary for the efficient operation of the au-
thority ;
($) employ oaf administrator to manage the operation of the airport
facility, who may hire necessary personnel to perform the services pro-
vided by the airport; and
(4) fix the compensation and prescribe the duties of all employees of
the authority.
{f) The board zr~ay request and accept money from any federal or
state agency, political subdiE•isian, or any other legal entity to carry out
the pravisjans of this Act.
(g} A provision of this Act which enumerates a specific power or
duty of the board does not limit the board's general authority to carry
out th_g pur~o4es of this Act.
Sec. 14. Existing airports. (a) 'phe authority may acquire by pur-
chase, gift, or eminent domain any interest in any existing airport facility
publicly awned and financed and served by a certificated airline.
(b} If there are outstanding general obligation bonds issued by the
publicly awned and financed airport facility, the authority shall fully
assume the bonds and levy sufficient ta:ces to discharge thean.
(c} If there are outstanding reveaiue bands secured by a pledge of
the revenues of the publicly ovrned and financed airport facility, or if
the bonds are a Iien against the airport facilities, the authority shall fully
assume the bonds and discharge them according to their terms.
Sec. 15. Eaninent daan$iai. (a) The 8uthorlty has the power of
eminent domain for the purpose of acquiring by condemnation any interest
in any real, personal, or anixed property in the county in order to carry
out the provisions of thin Act.
(12) The board shall ed.errise tl3is power of eminent doanain in the
manager provided by general lava. Ticsve:er, the authority is not required
(Z) to make any deposits in the registry of the trial caua~t ar to goat
bond as required by 14rticle 3268, Revised Civil Statutes of Texas; 1925, as
amended ;
(2) to pay in advance ar to give any bond ar other security for costs
in the trial court; or
(3) to give bond far costs or far sugersedeas on appeal or on an ap-
plication for writ of error to s court of civil appeals or to the supreme
court.
Sec, 16. Depository. (a) Within 3fl days after the directors qualify,
the board by resolution shall designate a bank in Kerr county to serve
as the authority's depositary.
(h) All funds of the authority shall be deposited in the depositary and
shall be secured in the manner now or later provided by general law for
the security of county funds. The depositary shall serve for a period
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of two years and until a successor has beer, designated in accordance with
Subsection {a} of this section.
Sec. 17. Budget. (a) The authority's fiscal year begins on ~Jctober
2 and ends on September 3~ of the following year.
(b) At least 30 days before the beginning of each fiscal year except
the first, the board shall adopt an itemized budget showing for the ensuing
fiscal year:
(1) the proposed e~ependitures and disbursements;
(2) the estimated receipts and collections; and
(3) the amount of taxes required to be levied and collected to meet
the proposed expenditures and disbursements.
(c) Before a budget may be adopted, the board must hold a public
hearing an the proposed budget after publishing notice of the hearing in
a newspaper of general circulation throughout the county. The notice
must specify the date, time, and place of the hearing and must be pub-
lished at least once not more than 2Q nor less than 10 days before the
hearing.
(d j A person who owns taxable property in the county, and who has
duly rendered that property for taxation, is entitled to appear at the
hearing and be heard with reference to any item in the proposed budget.
{e) The board shall adapt a budget for the authority's first fiscal
year within 6Q days after the authority is created. ?rlro hearing need be
held before adopting the first budget.
Sec. 18. Authority of city and county. The city of Kerrville and Kerr
County may sell, gyve, ar lease their interest in any airport facility to the
authority. The transle:- may he consummated witl;aut the city or county
giving notice of its intention to sell, give, or lease the sarport facility to
the authority, and without an election on the part of the city, county, or
authority. ~,
Sec. i9. Body politic. The authority is a body politic and political
subdivision of the state performing an essential governmental function
and the authority may not be required to pay any taxes or assessments
on its property.
SUBCAAP T Ell D. b'IIdANCING 1 HIJ AU^t HGRiTY
Sec. •20. Tax election. (a) At the time of the election on the ques-
tion of creating the authority, the commissioners court may include in its
election order the question of whether the authority may Ievy taxes in
the county. The tax may not exceed ?b cents on the ~Ii30 assessed valua-
tion of all taxable property in the county. If the comgissioners court
door not include the taA question in its order for the electicn on the ques-
tion of creating the authority, the board may order a tax election at any
time.
(b) Notice of a tax election shall be published, the election conducted,
and the results certified, filed, and declared in the manner provided in
Section 3 of this Act.
(c) The tax question on the ballot must be in substantially the follow-
ing language:
"1i"(lB the levy of a tax not to exceed 75 cents on the ~IC)t? assessed
valuation on all prapex ~y subject to taxation in the county."
"AG~iiItiTST the levy of a tar. not to exceed 75 Dents an the ip104 as-
sessed valuation on alt property subject to taxation in the county."
(d) The authority may rat levy any tag in the county until a majority
of ±he qualified taxpaying voters of the county voting in an election in
which the tas question is aubanitted vote to levy the tax.
Sec. 21. Levy of taxes. (a} When authorized by an election, the
board shall fig the assessment rate and levy the tax, not to exceed 75
~~Q
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cents an the ~I00 assessed valuation, on all property subject to taxation
lri the comity.
(b) After approval of the assessment lists and not later than Septem-
ber 90 of each year except the first; the board sha{l certify the tax rate
to the tag assessor and collector of the authority.
(c) The board may levy the tax for the entire year in which the au-
thority is established to secure funds necessary to begin operation of
the authority. Taxes levied during the authority's first fiscal year are`
due on, and become delinquent after, April 1.
(d) The authority may use the proceeds of the tax only for
(l.) acquiring necessary Iand far the authority by purchase. lease. ar
condemnation ;
(2} C6i,structing improvcutents an and additions to +..he airport facili-
ties of the authority ;
(3) providing for the operation and maintenance of the authority;
(4} paying the principal and interest on general obligation bonds as-
sumed or issued by the authority for airport purposes;
(5) making good any deficiency in the interst or sinking fund re-
quirements of bonds secured by a pledge of all or part of the gross or net
revenues derived from aperation of its airport facilities ; and
(6} paying any other la.vful obligations assumed or incurred by the
authority.
Sec. 22. Tax assessor and collector. (a) The board shall contract
with the Tax Assessor and Collector of Kerr County to serve as assessor
and collector of taxes for the authority. At the time and in the manner
prescribed for county taxes, the ta.Y assessor and collector shall assess
on behalf of the authority all taxable property in the county, prepare as-
sessment lists (which array be based on the county lists}, and collect the
taxes based upon the tax roll sppraved by the board. The assessor and
collector shall assess the property on a valuation not to exceed its market
value, which assessment and valuation must be uniform as to all property
throughout the county.
{b) The tag assessor and collector shall execute a band, in an amount
determined by the board, with a corporate surety authorized to do busi-
ness in this state, The bond shall be made payable to tl'.e authority and
conditioned on the faithful performance of his duties as tax assessor and
collector for the authority.
Sec. 23. hoard of equalization. (a) On or before dune 1 of each year,
the board shall appoint a board of equalization for the authority com-
posed cf three persons who
(!) reside in the county ;
(2) own taxable property in the county which they have duly rendered
far taxation; and
(3) are well acquainted with property values in the county.
(b) The board shall designate one member of the board of equalixa-
tion as chairman.
(c) The board of equalisation shall convene oz`f the second =':fo~tday
in dune of each year, or as soar as possible before July I, to receive the
assessment Lists from the authority's assessor and collector for inspec-
tion, correction, equalization, and approval, The board of equalization
has the same powers and duties as the commissioners courts of this state
sitting as boards of equalization and is Soverned by their procedure un-
der the general laws of this st-ate.
(d) Members of the board of equalization of the authority are en-
tftled to receive the compensation for their ser-aloes fixed by the board.
(e) Immediately upon completion oi' its work, the board of equaliza-
tion shall certify the assessment lists and return them to the board. The
901
hoard shall either approve the lists or make corrections ar changes in
them.
See. 2~. Apgeats from authority's valuation. (a} ~`iny person awning
property in the county who has duly rendered that property far authority
taxation shall have +~he right to sue the authority in a district court whose
jurisdiction inctudes Darr Eiounty on the issue of the authority's valua-
tion of his property if he thinks the valuation exceeds the market value
of his property.
(b) ~Jhen suit is filed under Subsection (a) of this section, the court
may enjoin the authority's taxation of the property in question until the
~ilit is COncillded.
(e) Trial in the district court is de nova as in an appeal from a jus-
tice court to $ county court,
Sec. 25. Band election. (a) At the time of the election on the ques-
tion of creating the aut;~arity, the commissioners court may iflctude in
its elec+.~or. order the question a# whether the authority may issue general
obligation or revenue 1~onds far the purchase, condemnation, ar ether ac-
quisition, ar the construction, repair, or renovation, of any airport, land-
ing fields and runways, airport buildings, hangars, facilities, equipment,
and say other real ar~ personal property necessary to establish, equip,
operate, and maintain an airport. If the commissioners court does not
include the bond question in its order far the election on the question of
creating the authority, the board may order the election at any time.
(b} ATotice of a band election shall be published, the election ean-
ducted, ar~d the results certified, filed; and declared in the manner pro-
vided in Section a of this Act.
(c} Thu hand election order and question on the haiIot must contain
the following infor~ration:
(>.) the type of bonds and purpose .for which the bonds are to l;e
issued ;
(2) the total amount of the proposed issue and the face amount or
amounts of each series ;
~3) the maximum interest rate or rates for each series; and
(~} the maturity date or dates for each series.
See_ 26. Bond restrictions. The authority may not issue any bands
under this Aet
(1) until a majority of the qualified taxpaying voters of the county
voting in an election in which the bond gt+estian ig aub~nit#~d vote to issue
bends;
(2} hearing interest at a rate exceeding six percent per annum;
E3) far a term exceeding ~0 years; or
t~) unless a sufficient tax is levied to create adequate sinking and
interest funds for any general o}aligation bands issued.
Sec. 27. Bond issuance. (a} When authorized by an election, the
authority shall issue bonds, in the total amount, bearing the interest, and
for the terfn specified in the bond election order.
(li} The chairman of the board shalt execute the bonds an behalf of
the authority. The vies chairman of the board sr~aii countersign the
bands,
(c.) s'3efore the authority may issue any bands under this qet, they
must
Cz) be approved by the attorney general a.a satisfying the requirements
of the general law of this state for bonds issued by a county; and
(2) be registered by the comptroller of public aecaun;,a in the manner
provided by general law for registering county bands.
(d} Every bond approved and registered under Subsection (c) of this
section is
~Q2
512 475 4626 LEGISLATIVE REFEREN LEGISLATIVE REFERENCE LIBRARY 01:12:15 p.m. 09-13 E007 10110
0
6pTH LEGISLATURE-RBGULAB S~SSIt)id Ch. 3a~
(1) incontgstabte; and
(2) an investment security within the iYteaning of the i.3niform om-
{a) Bonds issued b3~ t e
mercial Code.
Sec. 28. Bond redemption and refunding.
authority ;nay be made redeemable be$orOff atny outstanding bonds issued
(b) The board may refund and p y the refund bonds issued must
or assumed by the authority. however=
bear interest at the s~ Qm~ticati eth t at avingl ~ linresutt~n the ta`~
unless it is shown ma
interest to be paid.
See. 2~• ~ on of tine atendars i~bath houses cre Ile an eme t~encY
crowded condrt _
and an imgread on three seve~ratJdayst iu each hou robe} ~spended, and
bills to be
this Rule is hereby suspended, rind that this Act shaft take effect and be
in force from and after its passage, ~ ~~?~ ~sO~ on record vote; xouse
Fassed by the Rouse on ngrit 18, } : 3'
con:.urrsd in Se the Saemna e~~$ am na a on friayfi17b2s&7 o~eas 31,
vote; gassed by
l+Tays +?.
Approved June 3, 19fi7.
Effective Aug. 28, ? 967, 9C1 days after date of adj©~trnmetit.
COiJPT ~iEIj~RT~~---3RD, s8T~,1~6TH,14iTT3 AND
167TH JD~tICIAL DISTRICTS
~j~'~,r1~iR .`~j~Y65
x. ~. Na. s74
An Act reiating to tl:e appsintment, qualification, duties and cnmpenaatwn of
aff[cia[ shorthand rePOrt~ for the District Courts of the 63rd, t~th, and
167tf+ Judicfai Districts of Texas, for tf-e 95th ptstrict ~fixin o maz mum and
ty and far the 147th Db~paid in addit[onVto cornpensatroagtar transcripts,
mineinfLtiT salar.ea to Tepaai[nq aSi iavsrs or parts of laws in
atatemtnts of fact and other fees;
conflict[ providing a saving ciausC; and ~ciaring an emargeney
Be at ezaaicted b~{ the Leggsiature of tie State of Texas:
Section. 1. The judges of the District Courts of the 53rd, 226th, and
167th Judicial D f the ,~,~ h Dastr ct Court ofeTravis County shall each
and the judge o orter for his respective judicial dis-
agpoint an official shorthand rep
triet or court in thg manner now Provided far district courts in this state,
~t~ho shad have the same ~ua?avided by la~• Said official sholrthand re-
resgect be the same $s now p
porter shalt receive oat le more thane Ten Thousand, Five Hu>:tdred 1Dol-
{~B,6Q4.QC~) per annum, oar tv be fixed and determined by
!ors ($14,5Q0.04) Per annum, said salary
- the judges of the are ~o~$ ~~ 147th District Court of T avis Countyr and
County, and the )u g
shall be in addition to transcript fees, fees for statements of fact and alt
• ~. Vernon a Attn.Civ.St. a.-t. 2~2&1-~a_
gt}3
.,
W
x
KERR COUNTY ATTORNEY
REX EMERSON
COUNTY COURTHOUSE, SUITE BA-lO3 7OO MAIN STREET KERRVILLE, TEXAS 78028
October 23, 2007
The Honorable Greg Abbott
Texas Attorney General
P.O. Box 12548
Austin, Texas 78711
ISSUE:
1) Whether the Kerr County Airport Authority created under H.B. No. 956 can be
utilized and the Board populated 37 years after county election and vote canvassing declaring
authority created.
2) Whether the alternate airport governance created by City and County after the 1970
election establishing the Kerr county Airport Authority can legally govern the airport.
DISCUSSION:
On November 8, 1966 Texas Constitutional Amendment Art. IX, Sec. 12 authorized the
voters and Legislature to establish local airport authorities. On June 8, 1967 the Texas Legislature
approved HB 956 establishing the statutory authority for Kerr County voters to approve an
airport authority. On April 14, 1970 the City of Kerrville chose to have the Board members
appointed instead of elected. On April 17, 1970 Kerr County accepted and certified citizen's
petition for the creation of a Kerr County Airport Authority. On May 16, 1970 Kerr County held
an election and on May 22, 1970 Commissioners Court canvassed the votes and declared the Kerr
County Airport Authority was created.
HB 956 Subchapter B, Section 6(a) states that the Commissioners Court shall appoint
board members within 10 days after declaring the authority created. The City and the County
concur that the Airport Authority Board members were never appointed and that since 1970 the
airport has been managed under either the Texas Municipal Airport Authority or the
Transportation Code. Thirty seven years later the governing bodies are interested in following the
intent of the voters and establishing the Kerr County Airport Authority as an independent
governing body.
HB 956 does not contain any provisions for repeal. I contacted the Texas Legislative
Reference Library and they could not find any record that HB 956 had either been repealed or
MAIN NUMBER (830) 792-2220 HOT CHECKS (830) 792-2221 Fax (830) 792-2228
Website: http://wwwco.kerr.tx.us/attorney
incorporated into other legislation.
~"'" The strict wording of the statute that the board members shall be appointed within 10 days
after Commissioners declared the Authority created creates an issue of doing so 37 years later.
The fact that HB956 has not been repealed raises the issue of whether it is still possible to
populate the Authority at this time. I have not been able to find any guiding authority as to
whether thirty-seven years later the City and County can follow HB956 statutory procedures and
appoint board members to populate the Kerr County Airport Authority Board_
The City and the County have utilized varied forms of alternative management to govern
the airport since the voters approved the Kerr County Airport Authority in 1970. There is un-
controverted evidence that the intent of the voters and the governing bodies in 1970 was to
establish an independent Airport Authority. In addition, there is a 1987 City memorandum ,a
2003 City memorandum, and Commissioner court discussion each of which indicates knowledge
that the airport was not being governed as directed by the voters.
Given that the voters approved the Airport Authority and the Commissioners declared the
Authority "created" I would assert that any other form of governance flies in the face of the
voters' intent.
Please see the attached index and documents in support of the above statements.
Thank you for your guidance in clarifying the above situation.
Yours truly
Emerson
KERRVILLE CITY COUNCIL AGENDA
REGULAR MEETING OF TUESDAY, NOVEMBER 27, 2007, 6:00 P.M.
CITY HALL COUNCIL CHAMBERS, 800 JUNCTION HIGHWAY
CALL TO ORDER
INVOCATION by Assistant Pastor Arlie Lammers, First Christian Church.
PLEDGE OF ALLEGIANCE TO FLAG led by Bob Weinberg of the Hill Country
Chapter of the Military Officers Association of America.
7. VISITOR/CITIZENS FORUM:
Any citizen with business not scheduled on the agenda may speak to the council.
Prior to speaking, each speaker must fill out the speaker request form and give it
to the city clerk. Council may not discuss or take any action on an item but may
place the issue on a future agenda. The number of speakers will be limited to
the first ten speakers and each speaker is limited to three minutes.
2. CONSENT AGENDA:
err All items listed below within the consent agenda are considered to be routine by
city council and will be enacted with one motion. There will be no separate
discussion of items unless a councilperson so requests, in which event the item
will be removed from the general order of business and considered in its normal
sequence.
2A. A resolution authorizing Christmas Eve and New Year's Eve as additional
days off for city employees in celebration of the holidays. (Kim Meismer, director
of human resources and administration}
2B. A resolution authorizing the purchase of an excavator from the local
government purchasing cooperative's Buyboard in an amount not to exceed
$64,325.03. (Josh Selleck, director of finance)
2C. A resolution authorizing the submission of a grant application to the Alamo
Area Council of Governments for a brush loader and baler; authorizing the
manager of the city's solid waste division to act on behalf of the city; and
pledging that if the grant is approved the city will comply with the grant
requirements of the Alamo Area Council of Governments, the Texas Commission
on Environmental Quality and the State of Texas. (Josh Selleck, director of
finance)
END OF CONSENT AGENDA
3. PUBLIC HEARINGS AND ORDINANCES FIRST READING:
3A. An ordinance creating a "planned development district" for a community
center on an approximate 16 acre tract of land out of the J.C. Hays Survey No.
117, Abstract No. 182 and the C. Self Survey No. 626, Abstract No. 325, within
the city of Kerrville, Texas, and generally located at the end of George Street
southeast of Paschal Street and fronting the south side of Holdsworth Drive;
adopting a concept plan and conditions related to the development of said
district; containing a cumulative clause; containing a savings and severability
clause; establishing a penalty or fine not to exceed $2,000 for each day of
violation of any provision hereof; and ordering publication (Salvation Army site).
(Gordon Browning, senior planner)
3B. An ordinance amending Chapter 94, Article I of the Code of Ordinances of
the city of Kerrville, Texas, by adding a new Section 94-2, titled "taxation of
tangible personal property in transit"; providing for the ad valorem taxation of
tangible personal property in transit or "Super Freeport" goods pursuant to
Section 11.253 of the Texas Tax Code; providing a severability clause; providing
a repealer clause; providing for said ordinance to take immediate effect; and
providing other matters relating to the subject. (Josh Selleck, director of finance)
4. PUBLIC HEARINGS AND RESOLUTIONS:
4A. A resolution granting a conditional use permit for an approximate 0.531 acre
tract of land, out of the B.F. Cage Survey No. 116, Abstract No. 106, within the
city of Kerrville, Kerr County, Texas, otherwise known as 1802 Sidney Baker
Street, and located within the gateway (GTW) zoning district; by permitting said
property to be used for retail trade I purposes; and making said permit subject to
certain conditions and restrictions, Clarlyle Flooring & Paint Center. (Gordon
Browning, senior planner)
4B. A resolution granting a conditional use permit for an approximate 0.17 acre
tract of land, out of the B.F. Cage Survey No. 116., Abstract No. 106, within the
city of Kerrville, Kerr County, Texas, otherwise known as 631 Water Street, and
located within the central city 18 (C18) zoning district; by permitting said property
to use a wireless telecommunication facility; and making said permit subject to
certain conditions and restrictions. (Gordon Browning, senior planner)
5. ORDINANCES SECOND READING:
5A. An ordinance amending Chapter 50 of the Code of Ordinances of the city of
Kerrville, Texas, by deleting Section 50-6 in its entirety and adding a new Section
50-6 to adopt the International Fire Code, 2006 Edition; providing local
amendments to said code; providing a penalty for violation of any provision
hereof; containing a cumulative clause; containing a savings and severability
clause; ordering publication; providing for an effective date; and providing other
matters related to the subject. (Kevin Coleman, director of development
services)
5B. An ordinance amending Chapter 42 "Emergency Services", Article II "Alarm
` Systems" in its entirety to establish a fee to obtain a permit for an alarm system
and to provide for the application of service fees for false alarms; containing a
cumulative clause; containing a savings and severability clause; providing for a
penalty for violation of any provision hereof; ordering publication; and providing
for an effective date. (John Young, police chief)
6. CONSIDERATION AND POSSIBLE ACTION:
6A. Request from citizen to consider update housing and development codes
with addition of restrictions on tree-cutting, clear-cutting and preservation of
terrain. (Anna L. Merkel)
6B. A resolution authorizing execution of an interlocal agreement with Kendall
County and Kerr County for the provision of emergency medical services into
Kerr County along State Highway 87. (Raymond Holloway, fire chief)
6C. A resolution adopting city council goals, as amended, pursuant to the 2007
fall retreat. (Paul A. Hofmann, city manager)
6D. Arcadia Theatre renovation options. (Councilperson Gross)
-- 6E. Safety helmet requirement. (Councilperson Gross)
w 6F. Interlocal agreement for joint management of Kerrville/Kerr County Airport
d pending request for opinion from Texas Attorney General regarding the
r ~ governance and management of the airport. (Mike Hayes, city attorney)
7. INFORMATION AND DISCUSSION:
{~}~ 7A. Review design and cost estimate for rivertrail project Phase I. (Charlie
~~ Hastings, director of public works)
~~x 8. ANNOUNCEMENTS
9. EXECUTIVE SESSION. The city council reserves the right to discuss any
of the above items in executive closed session as permitted by law including if
they meet the qualifications in Sections 551.071 (consultation with attorney),
551.072 (deliberation regarding real property), 551.073 (deliberation regarding
gifts), 551.074 (personnel matters), 551.076 (deliberation regarding security
devices) and 551.087 (deliberation regarding economic development
negotiations) of Chapters 551 and 552 of the Government Code of the State of
Texas.
Section 552.101: -"'~
Interlocal agreement for joint management of Kerrville/Kerr County Airport and
pending request for opinion from Texas Attorney General regarding the
overnance and management of the airport. (Mike Hayes, city attorney} _
10. ACTION ON ITEM -DISCUSSED IN EXECUTIVE SESSION
11. ADJOURNMENT
Agenda approved for publication by
City Manager Paul A. Hofmann: _
The facility is wheelchair accessible and accessible parking spaces are available.
Requests for accommodations or interpretive services must be made 48 hours
prior to this event. Please contact the City Clerk's office at 830-257-8000 for
further information.
Transcript: City Council Meeting
November 27, 2007
Page 1 of 3
Mayor Smith: Ok, the next agenda item is ah, is 6-F, I'll read it: an interlocal agreement for joint
management of the Kerrville / Kerr County Airport and pending request for opinion
from the Texas Attorney General regarding governance and management of the airport.
This is a matter that should be discussed, uh, as consultation with the attorney. So we'll
delay that until we go into Executive Session. Ah, the next item on the agenda is ah
Comm. Williams: Excuse me, Mayor. May I (inaudible) a personal privilege and address the council?
Mayor: In regards to?
Comm. Williams: In regards to item 6-F.
Mayor: Ah, that will be discussed in Executive Session. Do you allow people to discuss...
Comm. Williams: No, I'm asking if I may address the council before you go into executive session. If you
go into Executive Session.
Mayor: I'd prefer you not.
Comm. Williams: ...you're pleasure, Mayor.
Mayor: Thank you. Our next agenda item is information and discussion; 7-A is review design
and costs estimates for a Rivertrail project, Phase I. Charlie Hastings.
Mr. Hastings: Good evening council.
Mayor: Pardon me a minute.
Mr. Hastings: Yes sir.
Mayor: I don't know if I. Do ya'll care to listen to Mr. Williams at this time.
Councilman Gross?: Well I don't know what he's gonna say.
Mayor: Well, he's going to discuss a matter that we're going to discuss in Executive Session.
Unknown: Mr. Mayor
Mayor: I really don't know what I would want him to say right now, is my opinion. But if ya'll
desire that he be allowed to address the council it would be ok with me. But I, ah, my
personally, I would not allow him.
Councilman Coleman?: There's another couple of people in the audience relative to that issue as well. If he
were under the 3 minute rule, I would be ok with that. If they wanted to make their
statement and then leave so they didn't have to wait for us to go in and come out of
executive session, but I'm very flexible, it's up, it's your decision.
Councilman Bock?: Mr. Mayor, if were up to me it would be in my opinion to hear Mr. Williams.
Transcript: City Council Meeting
November 27, 2007
Page 2 of 3
,Unknown: I agree with that.
Mayor: Bill, get up there.
Conan. Williams: Thank you, Mr. Mayor. Mayor and Council, for the record, my name is Bill Williams
and I'm Commissioner for Precinct 2, Kerr County in which Precinct the Kerrville /
Kerr County Municipal Airport is situated. Ah, my purpose in wanting to address the
council is for, ah, to say to you that I recognize that the City Council Attorney has the
right to address you as a client and consult with you at any time he wishes to do so on
any particular matter. However this is a very important matter and we are treating it as
such in Kerr County Commissioners' Court and we are doing so in the full light of day
in the public view for all that is said and all that is done. We, I personally don't
understand how you could talk about an interlocal agreement for joint management,
since one exists, and the necessity to modify that agreement is ah in limbo because
council has not yet selected the 2 representatives that it should to sit with the 2
Commissioner's who have been appointed to do so to negotiate a new agreement. So,
that's kind of in limbo. But, being in limbo poses a major problem for the 3 members
who reside on that Airport Board, or remain on that Airport Board. And they remain
because, you may recall that, ah, the City Attorney and the County Attorney, I believe
in concurrence, found some arcane law that said some members of Council and
members of Commissioners' Court could not participate on that Airport Board, ah, in
the future. So, we are not there. That leaves 3 to discuss a realm, a whole realm of
business, important business ah for that airport. That's a terrible burden for 3 people to
face having not, having no opportunity to discuss matters among themselves and stay
within the frame work of the Open Meetings Act. You're putting an undue burden on
these people by reason of the fact that we have not sat down and negotiated a new
agreement. ....with respect of the Attorney General's Opinion, or the Attorney
General's request for your opinion, Kerr County Commissioners' Court, while we sent
the issue to the Attorney General, because I did the research ah with the help of the City
Attorney, and I think he in turn with the County Attorney, and he in turn with
(inaudible) attorney. And we researched the law that exists that was approved by the
voters of Kerr County in 1970. And we researched....
Mayor: You know we don't need a legal discussion of this matter. We have our own attorney.
Comm. Williams: I'm not going to.
Mayor: I didn't appreciate you criticizing the way we conduct our business.
Comm. Williams: I'm not, Mayor.
Mayor: And now you're talking legal. We have an attorney to advise us on these matters.
Which we....
omm. Williams: My only point.....
Mayor: were intending to get to.....
Comm. Williams: My only point Mayor.....
Transcript: City Council Meeting
November 27, 2007
Page 3 of 3
..Mayor: before you interrupted us
Comm. Williams: My only point is, we will fashion an opinion, as you will fashion an opinion, and we
will do so in the public eye. Thank you for your time.
Mayor: Fine. Ok, we are back down to agenda item 7: information discuss and 7-A a review
and design cost estimate of the Rivemail project, Phase I. Charlie Hastings.
Mr. Hastings: Thank you, council. Um

November 29, 2007
Ms. Nancy S. Fuller
Chair, Opinion Committee
Office of the Texas Attorney General
P.O. Box 12548
Austin, Texas 78711-2548
CITY OF KERRVILLE
CITY ATTORNEY
800 Junction Highway
Kerrville. Texas 78028
830-257-8000 / www.kerrvilletx.gov
Re: Status of the Kerr County Airport Authority (RQ-0643-GA)
Dear Ms. Fuller:
I received your letter dated November 13, 2007, in which you acknowledge receiving a request for an
attorney general opinion from Kerr County Attorney Rex Emerson. You also reminded various interested
parties of the opportunity to provide briefs with respect to the issues raised in Mr. Emerson's letter. I would
think that such briefs should be limited to the presentation of legal arguments or perhaps relevant facts that
would aid your office in formulating a legal opinion.
Though Mr. Emerson has clearly laid out the issues and the facts surrounding same, I would like to add the
following comments:
1) I believe that based upon the clear language of HB 956, and its requirements for establishing an
airport authority in Kerr County, that Kerr County, for whatever reason, failed to make
appointments to the authority within the 10 day timeline required by this statute. Thus, I do not
believe that the authority authorized by the voters in 1970 can now be established.
2) On page one of his letter requesting an opinion, Mr. Emerson writes that "[t]hirty seven years
later the governing bodies are interested in following the intent of the voters and establishing the
Kerr County Airport Authority as an independent governing body." The Kerrville City Council
has neither made this determination nor expressed this intent. Following the issuance of an
opinion from the Texas Attorney General, I anticipate that the Kerrville City Council will
consider the governance and management of the Kerrville/Kerr County Airport.
Thank you for your lime and attention. Should you have any questions, please let me know.
Very. ly yo s,
~~
Michael C. Hayes
City Attorney
City Council
Rex Emerson, Kerr County Attorney
Kerrville/Kerr County Airport Board
T:~LegalW RPOR71Corr~Fuller,N-OAG_ltr_response to op request from County Atty_112907.doc
Draft
Kerr County Commissioners' Court Position Statement
Attorney General Request from Kerr County Attorney Dated ,concerning
The fundamental question concerning the Kerr County Airport Authority is how can
the express will of the people of Kerr County that voted for an airport authority be
negated by the failure of governmental entities to follow through with the
administrative duties called for by the election.
The following points provide some background to the election held in 1970 and the
governance issue of the Kerrville / Kerr County Airport.
1. The election was sought by city and county leaders at the time and supported by
the public by a vote of for and against. The election was
canvassed and certified by Commissioners' Court on
2. A review of Kerrville City Council minutes, Kerr County Commissioner's Court
minutes and newspaper articles from the period of the election indicate the reason
for the election were governance issues at the airport and the desire of the public,
the Commissioners Court and City Council to set up an independent entity to
govern the Kerrville / Kerr County Airport.
3. Governance at the Kerrville / Kerr County Airport was an issue in 1970 and
continued to be an issue occasionally for the next 32 years. In 2002 the issue of
airport governance was again brought to the forefront and an attempt to set up an
independent airport board with some oversight from the City of Kerrville and
Kerr County through City Council and Commissioners Court appointees. The
makeup of this board was ruled by the City Attorney and the County Attorney to
be illegal due to the doctrine of in July of 2007.
4. In 1970 the City of Kerrville City Council and Kerr County Commissioner's
Court failed to follow the intent of the election and the law by the City of
Kerrville failing to concur with Commissioners' Court on the selection of persons
to be appointed to the Airport Authority and failing to adopt a "Resolution"
certifying these selections to the Airport Authority. It is unclear why this
occurred. What is clear is that both entities at the time were in favor of the Airport
Authority and a possible explanation is that they thought this was accomplished
by the appointment of members to the just prior to the
election.
5. City of Kerrville 17 years after the election of 1970 attempted adopted an
ordinance under the old Municipal Airport Act establishing an "Airport Advisory
Board" and received Commissioners' Court certification of same. There is no

clear reason for this action in the public record, but it could be presumed that
governance was the issue.
6. In 2002 the Commissioners' Court notified the City of Kerrville that it was no
longer possible to continue to operate with an "Advisory Board" under old the
Municpal Airport Act and that a new Governance Agreement was required under
current Transportation Code.
Governance issues continue today to be a significant problem for the operation of the
Kerrville / Kerr County Airport. The Commissioner's Court believes the issue of
airport governance must be resolved. Determination of the validity of the
establishment of an Airport Authority by the voters in 1970 is a lingering issue. The
Kerrville /Kerr County Airport needs to be operated by an independent entity. This
can either be accomplished through the Airport Authority approved by the voters in
1970 or by agreement between the City of Kerrville and Kerr County.