COUNTY-OWNED AIRPORTS ‑- IMPROVEMENT THEREOF ‑- BOND ISSUE FOR FINANCING

COUNTY-OWNED AIRPORTS ‑- IMPROVEMENT THEREOF ‑- BOND ISSUE FOR FINANCING

Chapter 14.08 RCW specifically grants to counties, and other municipalities, the right to purchase, operate and improve airports owned by them and to issue bonds to finance said purchase and improvement, including construction of an administration building.

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                                                                 August 13, 1952

Honorable W. R. Cole
Prosecuting Attorney
Kittitas County
Ellensburg, Washington                                                                                                              Cite as:  AGO 51-53 No. 377

Attention:  Mr. Henry W. Wager, Deputy

Dear Sir:

            We acknowledge receipt of your request of July 9, 1952, for an opinion of this office on the question of whether or not bonds may be issued for the purpose of making certain improvements to the airport owned by Kittitas County, including the building of an administrative building, and our conclusion may be stated as follows:

            Chapter 14.08 RCW specifically grants to counties, and other municipalities, the right to purchase, operate and improve airports owned by them and to issue bonds to finance said purchase and improvement, including construction of an administration building.

                                                                     ANALYSIS

            There are no opinions of this office bearing on the question which you ask, but a study of chapter 14.08 RCW reveals that the legislature has specifically authorized counties, among other municipalities, to acquire airports or property for such  [[Orig. Op. Page 2]] purpose and to improve them and construct structures incidental to their operation and for the comfort and accommodation of air travelers, and provides that said airports are for public, governmental and municipal purposes.  Said law further expressly grants the power in said municipality to issue bonds in order, wholly or partly, to finance such acquisition or construction.  As to counties, it would appear that said bond issue may be made under the provisions contained in chapter 36.67 RCW covering the issuance of bonds by counties for general purposes, as the airport law provides that existing authority and procedure shall be followed, according to the type of municipality, for bond issues.

            We are not aware of the particular problems incidental to the Kittitas county owned airport, and therefore may not pass on the legality of the form under which it is proposed that bonds be issued for financing the contemplated improvements.

            But such laws are presumed to be constitutional and legal and we are aware of no case in which the airport law has been successfully attacked or declared invalid, and it is therefore our opinion that a properly executed issuance of bonds to finance the improvement of a county-owned airport for the purpose of improving the same, including construction of an administration building under the procedures set out in chapter 36.67 RCW, would be legal.

Very truly yours,

SMITH TROY
Attorney General

PHILIP W. RICHARSON
Assistant Attorney General