Laserfiche WebLink
<br />I <br /> <br />I <br /> <br />I <br /> <br />t,z, <br /> <br />KYLE AND WALKER <br /> <br />HENRY G. KYLE <br />ALB:E~T M. WaLKER <br /> <br />ATTORNEYS AT L\.w <br />FIRST NATIONAL BA."I'>K Br;ILDING <br />SAN MARGOS, TEXAS <br /> <br />September 13, 1965 <br /> <br />City Council <br />City of San Marcos <br />San Marcos, Texas <br /> <br />Gentlemen: <br /> <br />/ <br /> <br />I have just completed a review of the legal status <br />of the airport property located on Interstate Highway No. 35. <br />Of particular import, in determining the City's responsibility <br />in connection with such property, are the following instruments: <br />(a) Deed from Robert P. Lowman to the City of San Marcos convey- <br />ing two runways and 4.83 acres of land, such instrument being <br />dated December 4th, 1954. (b) The City's ordinance accepting <br />the conveyance of said property from Mr. Lowman, said ordinance <br />being dated December 8th, 1954. <br /> <br />Mr. Lowman's conveyance to the City was upon the <br />condition, expressly set forth in said conveyance, that the <br />City would administer and use the land as a municipal airport <br />for twenty years from the date of the conveyance, or until <br />December 4th, 1974. The conveyance requires such use and ad. <br />ministration to be continuous. <br /> <br />In the above-mentioned ordinance, the City expressly <br />agrees to use and administer the property for municipal airport <br />purposes for a full period of twenty years. At the same time, <br />the City expressly disavowed any responsibility for the making <br />of improvements upon the property. As Mr. Lowman do doubt was <br />and is fully aware of the terms of the City's acceptance, he <br />would be bound thereby. <br /> <br />At this point I would like to set out a few dictionary <br />definitions of some of the key words of both said conveyance <br />and ordinance. The word "use" is defined as "to employ for the <br />accomplishment of a purpose; to utilize habitually or customarily; <br />application or employment to an end, particularly a good or usable <br />end". The word "administer" is defined as "to have charge or <br />direction of; to manage or regulate". A well known legal encyclo- <br />pedia, Corpus Juris Secundum, states that the word "administer" <br />has no strict legal or techinical import but is in general use <br />with a commonly accepted meaning. Said encyclopedia goes on to <br />state that where applicable to governmental affairs, the word <br />"administer" has been defined as "to control or regulate", trto <br />direct the conduct of", or "to manage or conducttr. <br /> <br />Now then, as to whether the City can legally convey <br />