Case Information
*1 OFFICE OF THE ATTORNEY GENERAL OF TEXAS AUSTIN
GROVER SELLERS ATTORNEY GENERAL
Homerable Weaver H. Baker, Chairman State Board of Control Capitol Station Austin, Texas
Dear Sir:
Opinion of 0-5258 Re: Validity of the proposed lease agreement covering the property known as Fort Rhuggold, situated at Rio Grande City, Star County, Texas.
We have for attention and really your letter of November 15, 1945, which reads as follows:
"You will find herewith ane based a copy of a letter treedmitted to us by Marder Taylor, acting District Manager P.M.A., DeLlas, together with lease which substantially set out the understanding between the opverament and this state of the member in which we will within five years acquire this to the land and improvement, and during which time we will have the free use of such premises and personal property which they propose to set out hereafter in Exhibit 1A.
Kindly advise us whether the lease is in form of law, and whether or not, with the State's permission, they can later attach to the agreement the personal property proposed for Exhibit 1A. Since the State is the benefactor and will not be bound until we actually take possession, it is not of such material importance to us, as anything we get will be just that much to the good, and their failure to have available an exhibit to personal property could in no wise damage the State. As a matter of fact, there would be many thousands of dollars worth of good equipment which will be transferred to us."
*2
Honorable Weaver R. Baker, page 2
In answer to your first question, 1.e. whether the lease is in form of lav, " we advise that a careful review of the provisions and form of said lease fails to reveal any legal defects. The authority to execute the lease on behalf of the state is clearly expressed in B.B. 317, as found in Yalume 5, page 949, Varmon's Texas Session Law Service, 49th Legislature, Regular Session, 1945. The provisions of the lease agreement appear to be most reasonable and we believe the agreement as written to be in good legal form.
Your second question is: "May the Federal Works Administrator, or his duly authorised representative, after said lease agreement is signed by you, attach and make a part of such lease an inventory of items cited in such lease as 'Exhibit A'?"
Turning to page 5, paragraph three of the lease in question, we find the following sentence: "The agreement shall not be binding on either party until lessee has possession of the Leased Property." The effective date of the agreement, therefore, will be at hand when representatives of the State take actual possession and not when the lease is signed. The "Exhibit A" or inventory of items may be attached to the lease and made a part thereof at any time before the effective date.
Trusting the above satisfactorily answers your inquiry, we are
Very truly yours ATTORNEY OXBERAL OF TEXAS By C.M. Mc Gell E. M. DeGourin
Assistant