Texas Attorney General Opinion: O-7074 Page: 3 of 6
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Hon. Coke R. Stevenson, page 3 (0-7074)
that the land involved will rapidly increase in value
due to the building and real estate development now
occurring.
"4. Approximately two-thirds of the right-of-way
will be donated, provided the entire development is
consummated before additional residence construction
intervenes. Furthermore, we have no. assurance that
these offers will remain open, and it is therefore
very important, in order to secure the gifts, that
the money be obtained at this time.
"5. Due to low war-time enrollment our local
fund reserve is not sufficient to carry this extra
load at present.
"6. The sum needed for the purchase of the prop-
erty which will not be donated is $17,000O
It is our opinion the deficiency warrant requested by
Dr. Jones may not lawfully be issued. It does not fall within
the scope of Article 4351 of the Revised Civil Statutes, as
the same has been consistently and repeatedly construed by this
Department.
Item 88 mentioned in connection with your request is,
as stated, "General improvements and repairs--$ 4,000.00".
This item falls under the general heading of IMPROVEMENTS,
REPAIRS, BUILDINGS AND LAND PURCHASE EXPENDITURES, and is one
of several items dealing with improvements. Thus, item 89 is
"remodeling and improvements--gymnasium and swimming pool";
item 90 is "remodeling and improvements--administration build-
ing." So that item 88 does not purport to cover all items of
improvements nor even the major part thereof.
The warrant is not sought for repairs. The item,
therefore, would appear to include only minor improvements in
the nature of repairs and not such major improvements as
amount to permanent improvements, and certainly it does
not include purchasing land.
It has been the uniform construction of this statute
that it authorizes a warrant only for the purpose of supplying
casual deficiencies for a purpose for which there has been a
specific appropriation but because of unexpected and unfore-
seen conditions the appropriation has Proven to be insufficient.
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Texas. Attorney-General's Office. Texas Attorney General Opinion: O-7074, text, 1946; (https://texashistory.unt.edu/ark:/67531/metapth264351/m1/3/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.