THEATTORNEY GENERAL
OF TEXAS
Auts-rmw
11. TEXAS
PRICE DANIEL
..
ATTORNEYr;EkERu
naroh 28, 1951
Hon. J. C. McEvoy opinion Ilo. v-1159
County Attorney
Wailer County Re: Hecesslty for a favor-
Hempstead, Texas able county-wide elec-
tion and advertisement
for competitive bide
precedent to contract
by commissioners I court
for the use of e city’s
fire fighting equipment.
Dear Sir:
Reference is made to ,your request In which
you ask:
lhes the Commissioners’ Court, of Wailer
County, Texas have the authority to ente:
Into contracts with the governing body of
any city, town or village within i;ald county
for the use of the fire trucks and other
fire fighting equipment of such city, town
or village to be used in said county outside
the city llmlts of such city, town or vll-
lage ?
In the event that question 1 above
should be answered in the affirmative, is
a majority vote of property owning taxpayers
and qualified voters of such county at a
county-wide election a condition precedent
to the right of such Commissioners t Court
to exercise such authority?
Would any contract contemplated by
question 1 above be required to be adver-
tised under the provisions of Article
23f33a., v.cs.?
Attorney Oeneral’s Opinion O-6160 (1944)
ansvers your first question, and the Commissioners’
Court of Wailer County may enter into contracts with
the governing body of any city or town within the
county for the use of the fire trucks and other fire
Hon. J . C. BlcEvoy, page 2 (V-1159)
fighting equipment of such city or tom In the coun-
ty outside the city llmite of such city or .,town. We
are enclosing a copy of’ the oplnhn above mentioned.
Article 2351a-1, V.C.S., provides, in pert;
‘The Commissioners Court in all coun-
ties of this State shall be authorised to
furnish fire protection and fire fighting
equipment to the citizens of such county
residing outside the city limits of any
city, town, or vllqage tith~;~~;ty
and/or adjoining cduutles .
slonere Court shall have the authority’ to
purchase fire trucks and other fire flght-
lng equipment by flrat advertising and
receiving bids thereon, as provided by lav.
The Commissioners Court of any county of
this State shall also have the authority
to enter into contracts with any city,
town, or viliege within the county and/or
adjoiaing counties, upon such terms and
conditions as shall~be agreed upon between
the Commissioners Court and the governing
body of such city, town, or village, for
the use of the fire trucks and other flre
flghtlng equipment of the city, tovn, or
Village. . . . Provided, however, that any
fire equipment purchased by any County shall
be done only by a majority vote of property
ovning taxpayers and qualified voters of
such county at a county-vide electian called
for such purpoeee’,.
It Is observed that the above quoted statute
requlree a county-vlde election to be held only vhen
the county 1s purchasing fire fighting equipment. In
the instant case, the county Is not purchasing fire
fighting equipment but is entering into a contract
vlth incorporated cltlea in Wailer County whereby the
county will pay so much money to the cities, and the
cltfee ln turn will furnleh fire protection to proper-
ty lying outside the oorporate limits of such cities.
Since-fire fighting equipment is not to be purchased
by the county, it Is our opinion that a county-wide
election Is not required to be held before the commie-
elonere ’ court may enter into contraots inquired about
in your feat queetion.
Hon. J. C. XcEvoy, page 3 (V-1159)
Section 2 of Artiole ?2368a, V.C.S., p$oi
vldee, In part:
“lo county, actlng!through ita Corn-
missioners Court, end no’ city In this
State shall hereafter make any contract
calling for or requiring the expenditure
or payment of Two Thousand ($2,000.00)
mllars or more out of any fund or funds
or any city or county or subdlvlslon 0r
any county creating or imposing an obllga-
tion or llablllty of any nature or ohar-
acter upon such county or any subdlvlslan
Of such county, or upon such city, without
first etabmltting such proposed contract to
competltlve bias, . . .*:
The purpose of Article 2351a-1, V.C.S.,
is to give ?Ire protection to property lying out-
side the corporate limits of cities and towns
MthIn the county. In order to accomplish this
purpose, Article 2351a-1 authorizes the coarmls-
sloners r court to enter lntc a contract with any
particular city whereby the county will pay a
certain sum of money and the city will furnish
lips rotection to the people living outside such
city Plmits. Such a contract could not be requlr-
ed to be let under competitive bids as provided
under Article 2368a, because such a requirement
rould destroy the right of the commissioners’
court to contract with any particular city and
would limit its power tc contract to those cities
which vere the successful bidders, To hold that
competitive bide are necessary would thwart the
very purpose for which Article 235la-1 vas passed,
because the successful bidder might be a city far
removed from the area which is to receive the pro-
teotion under the contract. It is our opinion,
therefore, that such contracts made In pursuance
to Article 2351a-1 are not vlthln the contempla-
tion of Article 2368a.
SUMMARY
A county-vlde election is not re-
quired under the provisions of Article
2351a-1, V.C*S., before the commlssloners I
court Is authorized to make a contract
Ron. J 1 C I HCEVOY,page 4 (v-lr!@)
with cities Yhereby the county agrees
to pay a sum of money to cities upon
the condition that the cities vi11 give
fire protection to the adjacent terri-
tory outside the corporate limits of
such cities: Such contracts ape not
required to be let under competitive
bide.
APPROYED: Yours very truly,
J. C: Davis, Jr- PRICE DANIEL
County Affairs Division Attorney General
Jesse P. Luton, Jr j
Revleving Assistant
df cc /rcrc;l.,
BY 4
Charles D. Mathevs Bruce Allen
First Assistant Assistant
EUl:llW
Enclosure