Untitled Texas Attorney General Opinion ( 1956 )

July 23, 1956 Honorable M. T. Harrlngton Chancellor Texas A. & M. College System College Station, Texas Opinion No. S-210 Re ': Authority of Board of Directors of Texas A.& M. College ~to sell "West Farm" of Arlington State College for the purpose of acquiring suitable land for additional buildings. Dear Mr. Harringtonr You request our opinion concerning the authori- ty of the Board of Di?EctOrS of Texas A. & M. College to sell a tract of land desimated as the "West Farm," be- longing to Arlington State College, and to use the pro- ceeds from such sale for the purchase of land adjacent to said College and for the improvement of said land by the building of necessary streets, the laying of water and sewer lines and the making of any other necessary expenditures in preparation for the ultimate construction on said land of student dormitories and classroom build- ings. You advise that funds will not be available untfl 1958 for the erection of the buil)dingsthemselves. If authority exists for the Board's contemplated action, it must be found in the statutes or be reasonably implied therein.~ Arlington State College is under the directIon of the Board of Directors of the Agricultural and Me- chanicaL College of Texas. (Art. 262oa, Vernon's Civil Statutes). The statute pertinent to your inquiry is Article 2613a-1, v.c.s., Sections 1 and 4: Honorable M. T. Harrington - page 2 (s-210) "Section 1. The Board of Directors of the Agricultural and Mechanical College of Texas is hereby authorized to contract with per- sons, firms or corporations for the purchase of, or the acquisition of, or the erection of permanent improvements on or conveniently located in reference to the campus of said College, or to the campuses of any or all of its branch institutions and to purchase, sell or lease lands and other appurtenances for the construction of such permanent impr=- ments provided that the State of Texas incurs noindebtedness under the contracts." "Sec. 4. Said Board of Directors Is further authorized to s, encumber or contract with reference to the divesting or encumbering of the title to any part of the campus or other property of said College or of its branch institutions as may be necessary in the con- struction or acquisition of dormitories ex- ceot that no debt shall be created against said institution or the Statesof Texas." Under authority of the foregoing sections of Article 2613a:l,t_e Board may sell the "West Farm" for the construction of said buildings which, by their very nature, are permanent improvements. The real question to be resolved Is whether or not the Board may expend the proceeds from the sale of the "West Farm" for land adjacent to the present campus and to the extent that funds are available, improve the land as above outlined. Ifp,ermanenbimprovements are to be purchased, acquired, or erected on or conveniently located in refer- ence to the campus of Arling~tonState College, it is elementary that there be land on which to locate them. Since you state there is no space available on the present campus or on college land conveniently located in refer- ence to the campus for the proposed buildings, it follows that it will be necessary for the Board to acquire land on which to erect them. Otherwise, the expansion pro- gram cannot begin. To hold that Sections 1 and 4 of Article 2613a-1 do not authorize the Board to do that which you have related would be to place a narrow con- struction on the statute, thereby rendering it meaningless Honorable M. T. Harrington - Page 3 (S-210) and causing its purpose to be defeated. Reason dictates that Sections 1 and 4, impliedly, if not expressly, au- thorize the Board to do that which is necessary In the erection of permanent Improvements as stated therein. In the Board's case, that which Is necessary Is the acqulsl- tlon of land upon which to ereEt permanent improvements. It is, therefore, our opinion that the Board of Directors of the Agricultural and Mechanical College of Texas may sell the "West Farm" of Arlington State Col- lege and apply the proceeds of the sale on the purchase of land adjacent to the present campus. To the extent such funds are available, the Board may improve the land so pur- chased by the building of necessary streets, the laying of water and sewer lines, and the taking of any other ne- cessary action in preparation for the ultimate construction of buildings on the land. SUMMARY Under Article 2613a-1, Sections 1 and 4, the Board of Directors of Texas A. & M. College may sell a tract of land belonging to Arling- ton State College, and use the proceeds from such sale for the purchase of land adjacent to said College, for the improvement of said land and for other necessary expenditures in prepara- tion for the ultimate construction on said land of student dormitories and classroom buildings. Yours very truly, JOHN BEN SHEPPERD Attorney General APPROVED: J. Arthur Sandlln W.V. Geppert Assistant Reviewer J. C. Davis, Jr. Reviewer Davis Grant First Asslstant John Ben Shepperd Attorney General JAS:bt