Untitled Texas Attorney General Opinion

Hon. H. L. Roberson Opinion No. O-4326 County Attorney Wlnkler County Re: Commissionersr ‘court - Kermit, Texas authority to'employ utility' ma&to take care of and maintain oounty fire truoks and related matters. Dear Sir: Your request for opinion has been received and carefuliy considered by this department.' We quote from your request" arjfollows:, "Winkler Coinrtg~hasa population of 6,141 inhabitants " in accordanoe.with the last preceding Federal'census, in.compliance with Artlole S351a, Vernonfs.Clvil'statutes, the oounty has the authority to ,purchase-firefighting equipment. ; "The Court has purohased and are now using two new fire : trucks, these,fire,trucks are being operated,by the Wink and Kermit voluntary fire departments, along,with the fire trucks that are owned by Wink and Kermit. "Our Commissioners~~Courtwents ‘ydur opinion~as to whether or not they have the authority to employ a utility msn for the care and maintenance of these oounty fire trucks. If so, from what fund would he&be paid? "Article S351a-1, Vernonts Civil Statutes, allows all counties the authority to contract with the city, town or villages,,located,within the county, for fire pro- tection and fire fighting equipment. Does the oourt have. the authority to .contraotwith the cities on the employment of a utility man? the utility man to care for end maintain both the aity and oounty .firetrucks? nYour~opinion on these questions ~111~certainly be appreciated." Article 2351a,.V.A,C.S., .referred to by you in your letter was held unoonstitutional as a localor special law, by opinion No. O-3417 of this department;:a copy of 'whichis enclosed herewith for your information. Hon. H. L. Roberson - Page 2, O-4326 Opinion No. O-4300 of this department holds H. B. 262, 47th Legislature of Texas, (Artiole 2351a-1, V.A.C.S.) to be constitutional and valid. This opinion also holds that fire fighting equipment purohased in compliance with the act should be paid for out of the general fund of the county. A copy of this opinion is enolosed herewith for your information. We .quotefrom opinion No. O-4256 of this department as follows: n . . . The oommissioners~ oourt of any county is authorized to enter into contraots with any oity, eto. within the county and/or adjoining oounties, upon suoh terms and conditions as shall be agreed upon between the oommis- sionerst court and the governing body of such oity, etc. for the use of fire truoks and other fire fighting equlp- ment of the oity, town or village, in oomplianae with Article 2351a-1, supra." We enclose herewith a oopy of said opinion for your informa- tion. You are respeotfully advised that it Is the opinion of this department: 1. After the purchase of the fire fighting equipmentand fire truoks in the manner‘outlined by Artiale 2351a-1 it is our opinion that the oommissioners1 court would have the implied authority to employ a utility men for the oare and maintenanoe of the oounty flre~truoks. It ia our further opinion that his salary should be paid from the general fund of the oounty. 2. It is our further opinion that your last question should be answered in the affirmative and it is so answered. Very truly yours ATTORITEXGENERAL.,OFTEXAS s/ Wm. J. Fanning wJFxFs/cg BY Wm. J. Fanning APPROVEB JAR. 23, 1242 .Assistant s/ Grover Sellers FIRST ASSISTART ATTORNEY GENERAL Approved Opinion Committee, By BWB, Chairmen