A-14061, MAY 25, 1926, 5 COMP. GEN. 937

A-14061: May 25, 1926

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PUBLIC BUILDINGS - REPURCHASE WHERE THE GOVERNMENT ADVERTISED FOR SALE CERTAIN SURPLUS BUILDINGS AND THE TERMS AND CONDITIONS OF THE SALE WERE COMPLIED WITH AND TITLE TO THE PROPERTY VESTED IN THE PURCHASER. THE REPURCHASE OF THE BUILDINGS IS NOT AUTHORIZED IN THE ABSENCE OF AN APPROPRIATION BY THE CONGRESS SPECIFICALLY AVAILABLE THEREFOR. 1926: I HAVE YOUR LETTER OF APRIL 19. SUBMITTING THROUGH THE CHIEF OF FINANCE WITH REQUEST FOR DECISION WHETHER PAYMENT THEREON IS AUTHORIZED. ARE AS FOLLOWS: A. THE BUILDINGS WERE OFFERED FOR SALE UNDER SPECIFICATIONS OF SALE DATED MAY 19. 1013 WERE SOLD FOR $75.00. BIDS ON ALL OTHER BUILDINGS WERE REJECTED AS NOT IN AN AMOUNT COMMENSURATE WITH THEIR WORTH.

A-14061, MAY 25, 1926, 5 COMP. GEN. 937

PUBLIC BUILDINGS - REPURCHASE WHERE THE GOVERNMENT ADVERTISED FOR SALE CERTAIN SURPLUS BUILDINGS AND THE TERMS AND CONDITIONS OF THE SALE WERE COMPLIED WITH AND TITLE TO THE PROPERTY VESTED IN THE PURCHASER, AND THEREAFTER THE GOVERNMENT DESIRED TO RETAIN FOR ITS USE PART OF THE BUILDINGS, THE PURCHASE THEREOF MAY NOT BE EFFECTED BY A MODIFICATION OF THE CONTRACT OF SALE SO AS TO AUTHORIZE PAYMENT FOR THE BUILDINGS DESIRED TO BE RETAINED OUT OF THE PROCEEDS OF THE SALE WHICH, AFTER PAYMENT OF CERTAIN AUTHORIZED EXPENSES, MUST BE COVERED INTO THE TREASURY AS MISCELLANEOUS RECEIPTS. THE REPURCHASE OF THE BUILDINGS IS NOT AUTHORIZED IN THE ABSENCE OF AN APPROPRIATION BY THE CONGRESS SPECIFICALLY AVAILABLE THEREFOR.

COMPTROLLER GENERAL MCCARL TO MAJ. E. T. COMEGYS, UNITED STATES ARMY, MAY 25, 1926:

I HAVE YOUR LETTER OF APRIL 19, 1926, SUBMITTING THROUGH THE CHIEF OF FINANCE WITH REQUEST FOR DECISION WHETHER PAYMENT THEREON IS AUTHORIZED, A VOUCHER IN FAVOR OF HARRY GWYNN FOR $600 AS REFUND ON ACCOUNT OF MODIFICATION OF INFORMAL CONTRACT DATED AUGUST 23, 1925, TO RETAIN FOR GOVERNMENT USE CERTAIN BUILDINGS AT FORT TAYLOR, FLORIDA, PURCHASED BY MR. GWYNN FROM THE UNITED STATES UNDER SPECIFICATIONS OF SALE DATED JULY 14, 1925.

THE FACTS IN THE MATTER AS STATED IN A LETTER FROM THE QUARTERMASTER GENERAL OF THE ARMY, DATED MARCH 17, 1926, ARE AS FOLLOWS:

A. ON MARCH 11, 1925, THE SECRETARY OF WAR DECLARED SURPLUS THE FOLLOWING SIXTEEN (16) BUILDINGS AT FORT TAYLOR, FLORIDA:

BARRACKS NO. 1009 TO 1017, INCLUSIVE.

LAVATORY NO. 1018.

MESS HALLS NO. 1019 AND 1020.

LAVATORIES NO. 1021 AND 1022.

MESS HALL NO. 1023.

WAREHOUSE NO. 1024.

B. AFTER CLEARANCE BY THE SURVEYOR GENERAL OF REAL ESTATE ON MARCH 21, 1925, AND CLEARANCE BY THE ASSISTANT SECRETARY OF WAR ON MAY 2, 1925, THE BUILDINGS WERE OFFERED FOR SALE UNDER SPECIFICATIONS OF SALE DATED MAY 19, 1925, BY SEALED BIDS TO BE OPENED IN THE OFFICE OF THE QUARTERMASTER, KEY WEST BARRACKS, FLORIDA ON JUNE 19, 1925 AFTER DUE ADVERTISEMENT OF THIS SALE. AS A RESULT BARRACK BUILDINGS 1010, 1011, AND 1013 WERE SOLD FOR $75.00, $182.00, AND $250.00, RESPECTIVELY. BIDS ON ALL OTHER BUILDINGS WERE REJECTED AS NOT IN AN AMOUNT COMMENSURATE WITH THEIR WORTH.

C. THE REMAINING BUILDINGS WERE READVERTISED UNDER SPECIFICATIONS OF SALE DATED JULY 19, 1925, AND BIDS THEREFOR OPENED ON JULY 30, 1925. MR. HARRY GWYNN'S BID FOR $1,220.00 FOR THE ENTIRE LOT OF THIRTEEN (13) BUILDINGS BEING THE HIGHEST AND BEST BID WAS ACCEPTED AND THE TOTAL PURCHASE PRICE FOR SAID THIRTEEN (13) BUILDINGS WAS PAID BY MR. GWYNN. UNDER THE TERMS OF THE SPECIFICATIONS OF SALE UNDER WHICH SAID BUILDINGS WERE SOLD, THE PURCHASER HAD 180 DAYS AFTER CONSUMMATION OF THE SALE TO REMOVE SAID BUILDINGS FROM THE LAND. UNDER DATE OF AUGUST 7, 1925, THE QUARTERMASTER, FOURTH CORPS AREA, WAS AUTHORIZED TO ACCEPT THE BID OF MR. GWYNN AND UNDER DATE OF AUGUST 21, 1925, CASHIER'S CHECK DATED AUGUST 14, 1925, IN THE SUM OF $1,220.00 WAS FORWARDED TO THE CHIEF OF FINANCE. THERE IS NO RECORD MORE DEFINITELY FIXING THE DATE OF CONSUMMATION OF SALE THAN THE DATE OF THE CHECK, I.E., AUGUST 14, 1925, AND THEREFORE, IT IS ASSUMED THAT THE LIMIT OF TIME FOR THE REMOVAL OF SAID BUILDINGS UNDER THE TERMS OF THE SPECIFICATIONS OF SALE WOULD EXPIRE FEBRUARY 11, 1926, HOWEVER, FOR THE PURPOSE OF ADMINISTRATIVE ACTION ON THE PROPOSED REPURCHASE OF SIX OF SAID BUILDINGS BY THE GOVERNMENT, MR. GWYNN HAS BEEN GRANTED AN EXTENSION OF TIME UNTIL MARCH 25, 1926.

D. MR. GWYNN HAS OFFERED TO RESELL TO THE GOVERNMENT SIX OF SAID BUILDINGS PURCHASED BY HIM, UPON PAYMENT OF $200.00 EACH OR $1,200.00 FOR THE SIX BUILDINGS. THE JUDGE ADVOCATE GENERAL HAS HELD THAT THE CONTRACT OF SALE WHICH INCLUDED THE REMOVAL OF SAID BUILDINGS NOT HAVING BEEN COMPLETED THE CONTRACT MAY, BY MUTUAL AGREEMENT, BE ALTERED AND MODIFIED TO PROVIDE THAT THE BUILDINGS SOLD TO MR. GWYNN AND REMAINING ON THE RESERVATION MAY BE EXEMPTED FROM THE OPERATION OF SAID SALE UPON THE RETURN AND REPAYMENT TO MR. GWYNN OF $200.00 PER BUILDING OF THOSE EXCEPTED FROM THE OPERATION OF THE SALE, IF SUCH MODIFICATION BE DEEMED ADMINISTRATIVELY TO BE TO THE INTEREST OF THE UNITED STATES. THE SECRETARY OF WAR HAS DECLARED THAT IT IS TO THE INTEREST OF THE UNITED STATES TO EXCEPT FROM THE OPERATIONS OF THE SALE, SIX TEMPORARY BARRACKS WHICH WERE INCLUDED IN THE SALE OF BUILDINGS MADE TO MR. HARRY GWYNN IN JUNE, 1925.

E. THE ORIGINAL SALE OF THIRTEEN (13) BUILDINGS TO MR. GWYNN WAS IN CONSIDERATION OF $1,220.00 AND THEREFORE, IF SIX OF SAID BUILDINGS ARE EXEMPTED FROM THE OPERATIONS OF SAID SALE AND $1,200.00 IS RETURNED TO MR. GWYNN, THE RESULT WILL BE IN EFFECT, THE SALE OF SEVEN BUILDINGS FOR A CONSIDERATION OF $20.00.

TITLE TO THE PROPERTY HAS VESTED IN THE VENDEE, IT APPEARING THAT HE, THE VENDEE, HAS COMPLIED WITH ALL THE TERMS AND CONDITIONS OF THE SALE WITH THE EXCEPTION OF THE REMOVAL OF PART OF THE BUILDINGS WITHIN THE TIME STIPULATED IN THE SPECIFICATIONS OF SALE (180 DAYS AFTER CONSUMMATION OF SALE) AND FAILURE TO REMOVE THE SAID BUILDINGS BEING NOT THE FAULT OF THE PURCHASER BUT ON ACCOUNT OF SPECIFIC INSTRUCTIONS FROM THE SECRETARY OF WAR THAT THE TIME OF REMOVAL THEREOF BE EXTENDED PENDING DECISION AS TO REPURCHASE OF PART OF THE BUILDINGS.

WHILE IT IS PROPOSED TO RETAIN POSSESSION OF THE THREE BUILDINGS FOR THE USE OF THE UNITED STATES AND TO REFUND TO THE PURCHASER $600 OF THE PURCHASE PRICE OF $1,220 PAID FOR 13 BUILDINGS, BY THE MODIFICATION OF THE INFORMAL CONTRACT OF SALE, SUCH A PROCEDURE IS IN FACT A REPURCHASE OF THE THREE BUILDINGS, TITLE HAVING PASSED TO THE PURCHASER. AS PROCEEDS OF SUCH SALES, AFTER PAYMENT OF CERTAIN AUTHORIZED EXPENSES ARE REQUIRED BY LAW TO BE COVERED INTO THE TREASURY AS MISCELLANEOUS RECEIPTS, AND AS THERE APPEARS TO BE NO APPROPRIATION UNDER WHICH SUCH BUILDINGS COULD BE PURCHASED, THE PROPOSED PAYMENT IS NOT AUTHORIZED.