THE A'TIYBRNEP GENEHAL
OFTEXAS
ACTSTIN. TEXAS3 78711
September 11, 1972
Honorable Douglas Hubbard Opinion No. M- 1212
Executive Director
Fleet Admiral Chester W. Nimitz Re: Authority of the
Memorial Naval Museum Commission Fleet Admiral Chester
340 East Main Street W. Nimitz Memorial
Fredericksburg, Texas 78624 Naval Museum Commiseion
to contract with the
federal government to
receive matching funds
Dear Mr. Hubbard: from it.
This i& in reply to your recent request for our opinion
as to whether your Commission is authorized to enter into a
contract with the U.S. Department of,Houslng and Urban
Development to receive funds from it which you would use to
purchase or condemn certain real estate which would comprise
a part of your museum site.
You have further advised you propose to contract to use
the federal funds for land acquisition by purchase or condem-
nation in connection with the historic renovation and preser-
vation of certain property in your operation of the Memorial
Museum.
We have concluded that you do have such authority to
contract to receive the federal funds for such purposes and
to acquire the property and historical relics by purchase
or condemnation (within the boundaries of the City of
Fredericksburg, Texas) and within the limits of the funds
available to you.
Under H.B. No. 54, 61st. Le ialature, R.S., 1969
(ch. 8, p.lg), Section 3(h) and ii
i), the Commission is
vested with exprese power to "accept on behalf of the
State of Texas donations of money, property, and historical
relics" and the power to "acquire property and historical
relics by purchase within the limits of funds available."
The Commission under Section 3(b) and (c) is required to
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Hon. Douglas Hubbard, page 2 (M-1212)
administer the Naval Museum at Fredericksburg and in addition
to "act in any other capacity relative to posseesing naval
documents, relics, and other items of an historical interest."
This statute became effective March 5, 1969. Thereafter,
the Legislature, by S.B. No. 463,62nd Legislature, R.S.
1971 (Ch.304, p.1239), amended that statute by adding a
new Subsection (3) to Section 3, thereby authorizing the
museum commission.to "exercise-the power of eminent-domain
to acquire the lands that are necessary and proper for
carrying out its purposes." The statute further provides
in part:
.Condemnation proceedings shall be
handled in the name of the museum commission and
in the manner prescribed in Title 52, Revised Civil
Statutes of Texas, 1925, as amended. The taking of
such property is declared to be for the use of the
State. The museum commission's power of eminent
domain is restricted to the boundaries of the
City of Fredericksburg in Gillespie County and
shall terminate January 1, 1976. The museum com-
mission shall not be required to deposit a bond
or the amount equal to the award of damages by the
Commissioners appointed to assess the damages,
as provided in Section 2, Article 3268, Revised
Civil Statutes of Texas, 1925."
Since the Commission is vested with the statutory duties
and the authority 'to acquire property," which we hold
includes cash funds, and "exercise the power of eminent
domain" to acquire realty, it is our opinion that it has the
implied authority to contract with any individual or entity,
including the federal agency here involved, to carry out its
express statutory powers and responsibilities. In Attorney
General Opinion No. M-1158(1972), we held that the statutory
authority to acquire by 'purchase" is not restricted and is
construed to include all lawful acquisitions by any means
whatever, except by descent, when so used in its larger and
technical sense, citing Cobb v. Webb, 64 S.W. 792 (Tex.Civ.
App. 1901, no writ), 73-Property, Sec.l5b(2), and
other authorities.
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Hon. Douglas Hubbard, page 3 (M-1212)
The power to contract is incident to, and may be implied
from, those powers expressly granted to, and those duties
imposed upon, this administrative
Abbott v. McKenna, 350 S.W.2d 333,
4 Tex. 191, 135 S.W.
Set,.141. Attorney General Opinion No. ~-605
vexH;r;is County Wa;zrwFns. &hsnieDist.,
. i .APP. 1971 it) t ttled
this state was'stated as'follows:
$8
. . .When a statute commands or grants any-
thing, it impliedly authorizes whatever is neces-
sary for executing its commands or whatever is
indispensable to the enjoyment or exercise of the
grant. Thus, the statutory grant of an express
power carries with it,,by implication, every
incidental power that is necessary and proper to
the execution of the power expressly granted."
We do not have a copy of the proposed contract before
us and consequently can only express here our conclusion
that the power to contract exists, and such usual and customary
contractual requirements as obtaining competitive bidding and
performance or payment assurances, within the limits of funds
available to the Commission, would be within the authority
of the state agency as an incident to such contractual
authority.
In the event of a requirement for relocation payments
to displaced occupants of realty to be acquired by purchase
or condemnation, the Commission, as an agency or instru-
mentality of this state, is expressly authorized by Section
1 of Article 326613,Vernon's Civil Statutes, to compensate
those so displaced for "moving expenses, relocation payments,"
and other "ex enses incidental to the transfer of property
to the State.
PI The validity of this statute we upheld In
Attorney General Opinion No. M-1061(1972). In the absence
of some specific objection presented to us, we can say at
this time we do not perceive any difficulty to be encountered
generally in conforming to the federal law with respect to
requirements of fair labor standards, equal employment
opportunity, and civil rights provisions.
In our opinion the Commission is a "local Public Body"
created by state law. We assume that the federal agency
will recognize and be guided by state law and accord the
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Hon. Douglas Hubbard, page 4 (M-1212)
Commission the status of a "local Public Body" within the
meaning of the federal statute. See 35 Words and Phrases,
p.72, and pkt. pt., "Public Body." See 709 4) of Title
VII of the Housing Act of 1961, Public Law ii
7-70, 75 Stat.
183 42 U.S.C. 1500, as amended by Title IV of the Housing
and Urban Development Act of 1970, Public Law 91-609, 84
Stat. 1770. 1781. 1781.
-_ viz: "The term 'local Public Rodv'
means any public-body (including a political s;bdlvislon)"
created by or under the laws of a State. . .
-SUMMARY-
The Fleet Admiral Chester W. Nlmltz Memorial
Naval Museum Commission Is a local public body wlth-
in the meaning of the Housing Act of 1961 and has
the power to contract with the Department of
Housing and Urban Development to receive funds
from it with which it may acquire by purchase or
condemnation, within the limits stated, property
for historic renovation and preservation .in the
operation of the museum.
rney General of Texas
Prepared by Kerns Taylor
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
W. E. Allen, Acting Chairman
Jack Dillard
Mel Corley
Marietta Payne
John Ranks
SAMUEL D. MCDANIEL
Staff Legal Assistant
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I
Hon. Douglas Hubbard, page 5 (M-1212)
ALFRED WALKER
Executive Assistant
NOLA WHITE
First Assistant
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