‘. -
Hon. William Schneider, Jr.
County Attorney
Gillespie county
Fredericksburg, Texas Opinion Ro. V-1214
Re: Legality of payments
by Gillespie County
to the Fredericksburg
Volunteer Fire Depart-
ment rather than to
the City of Fredericks-
burg for rural area
Dear Sir: fire protectfon.
We refer to your request which reads In part
as follows:
'The fire department in the City of
Fredericksburg, Texas, is City-sponsored
and partly City-paid, although the majority
of firemen are volunteers. For a number of
years, Gillespie County has made payments to
The Fredericksburg Volunteer Fire Department
in consideration of its fighting fires fn
the rural areas off the County, All eqtip-
ment is City-ovned and if any loss or damage
to the clothing or personal gear of the fire-
men occurs 9 the City reimburses them. The
department is not incorporated. The money
received Prom the County in the past has been
used for the purpose of purchasingchassi~~
for fire trucks and other fire-fighting equip-
ment.
" 0 . a In construing Article 2351a-1, Is
the money from Gillespie County properly pag-
able to the City of Fredericksburg or to the
Fredericksburg Volunteer Fire Department‘?"
Article 2351a-1, V.C.S., provides in part:
I 0 The Commissioners Court in any
county'oi this State shall also have the au-
thority to enter Into contracts with any city,
Hon. William Sahneider, Jr., page 2 (V-1214)
town, or village within the county and/or ad-
joining count+es, upon such terms and condl-
tions as shall be agreed upon betbeen the Com-
mlssloners Court and the governing body of
such city, town, or village, for the use of
the tire trucks and other fire fighting equip-
ment of the city, town, or village. . . .”
In Attorney Oeneral’s Opinion O-6160 (1944), It
was held:
*Generally speaking, the authority of the
oommiasioners 1 court as the governing body of
the county to make contracts in its behalf Is
strictly limited to that conferred either ex-
pr’esdlg or by fair or necessary implication by
the constitution and statutes of this State.
(Tarrant COunty VI). Rogers, 125 S.W. 592; Balcl-
win vs. Travis County, 88 S.W. 480). The au-
thority to contract OQ behalf of the county is
vested alone ln the comIssioneras court in the
absence of a etatute authoricing some other
agency to contraat; and if an agreement Is not
made through or eanctloned by such agency, it
binds nsithep the county nor the individual.
(Sparks vs. Kaufman County, 194 S.W. 605;
American MaInfectIng Company vs. Freestone
County, 193 S.W. 440; Texas Jurisprudence,
Vol. 11, page GO.) Ths ccmmlssloners~ cow?t
must have authority of law for its contracts,
and, If the authority has been given, a rea-
sonable conetruction of it will be given to
affect its pulrpose. (Commlasloners’ Court vs.
Wallace, 15 S.W.2d 525).
“Article 2351a-1, supra, specifically au-
thorlses the ccrmnissioners 1 court of any county
of this State to enter into contracts with an
city, town, or village within the county and 9or
adjoining counties upon such terms and condl-
tions as shall be agreed upon between the com-
missioners t court and the governing body of the
city, town, or village for the use of fire
trucks and other fire fighting equipment of
the city, town or village. Therefore, you are
respectfully .advlsed that It is the opinion of
this department that the CommlsslonersP Court
of Lamar County Is authorized under the law to
enter into a contract with the City of Paris
. .
eon. Uilliam Schneider, Jr., page 3 (V-121.4)
to provide for firefightingfacilitiesto
protect property located outside of the
city limits of Paris." See also AttUy Gen,
op. v-101 (1g47),
However, the Legislaturehas not authorpised
counties to enter Into such contractswith unlncorpo-
rated volunteer fire departments. Therefore, we agree
with you that the money for rural fire ppotectfonis
properly payable by Gillespie County to tha Cety of
Fredericksbtigrather than to the FredepicksbupgVir3,*,
unteer Fire Department.
SUMMARY
The money to be paid for rural fire
protection contractedfor under the p~avi-
sions of Article 2351a-1, VQCOS, is prop-
erly payable by Gillespie County to the
City of Fredericksburg. Art. 2351a-1,V.
C.S.
APPROVED: very truly,
,Yo'urs
J. C. Dnvls, Jr. PRICE MNIEL
County Affairs Mvision Attorney General
Everett Hutchinson
Executive Assistant
w
‘,q Charl.esD, Mathews
First Assistant
SAsmw
Untitled Texas Attorney General Opinion
Combined Opinion