Untitled Texas Attorney General Opinion

OFFICE OF THE ATTORNEY GENERAL OF TEXAS AUSTIN scnorable 5%. F. Xiisks :&unty Attorney .&O C0unt.J @idd~n6s, 7bxt.m prsr sir: 33: can the your letter of r eating an oppinion d thersin reads ae treets; 2. (Ian olty, and also provides the ok for the oommunlty surround- outside of the olty limits? w I my opinion that the City oan not donate money for the purchaee of a fire truak axoapt by an agreement to furnish its use to the entire aounty, 1 BP or the opinion that tha oounty aan agree with the alty to help In the maintsnanae 0r streets. I beaa thin latter aon- tention on Smith va. Calthy 228 S. Y:. 198 and Eughee v. County Comel~sloner~ Court Of Ha@8 county, 35 a. ?Y. 2nd ala, wherein it la held a Honorable ;E. F. Kieke, Fag3 2 that the oounty has authority to help maintain streets within the oity limits, providing the oity does not objeot. “1 should appreaiate an opinion in regard to the above rrom your department. I believe that perhaps the opinion reoently given Travis County tith reference to a donation to some Army unit may be of help to me and I should like to have a copy or same.” It is stated in our Opinion Zo. o-1190: “As a general proposition 0r law it la set- tled that the oontrol and jurisdiotlon over streets of a muniofpal oorporation is exclusive in said corporation. However, the oourta have construed to the oountles the right to expend funds in the Improvement of streets withfn the oorporate limits of a alty when said streets were alao a pub110 road, particularly when done with the consent of the olty. see Hughes VS. County Commlsel.onere’ Court 0r IIerris County, 35 s. YI. (2d) 818. This same aonalusion was reaohed by the Supreme Court in the case of the City of Breokenridge vs. Stephens County, 40 s. w. (2d) 43, ivherein the oourt said: “*The aommiseioners court may expend coun- ty road bond funds for improvement of oity streets rorming part oi aounty roads whhsre made with city’s oonsent. * *The general underlying theory being that such improvements must be confined to streets forming part of a oounty road system and also that the aounty must have the oonsent Or a muni- alpal oorporation within whloh said streets may be looated. The Supreme Court in the Brecken- ridge case, above alted, dlstlnguished between streets forming a part of a oounty road system and streets generally within the city. In that oase the oourt held that the ocenulssloners~ court could bind itself to expend oounty road bond funds to aid the City of Breokenridge in improving c ‘streets forming part of oounty roads, f and In ,277 Honorable ?:. F. Xieke, Yage 3 the ssme ease held that the county aould not bind itself to aid +he City of Zreokenridgo in improving ‘etreete’ . It Is obvious that they intended to draw a dietinotion between streets, speuking generally of the arteries of trafflo within a munioipalitg, and.suoh streets ae form a continuation of e oounty road, but In any event a street whioh had been designated by the county as a part 0r Its system. . . . n In this State it is well settled, aa a general proposition of law, that the oommissioners’ oourt Is a oourt of lImited power and jurisdiotion, and has no powers or dutlea exoept those whioh are olearly set forth and de- fined In the Constitution and statutes, and those powers that arise by a neaessery implloatlon. The authorities supporting this general statement are so nu-zerous we do not deem It neoeaeary to oite any of them. :.ith reference to your first question you do not state whether or not the streets mentioned aonetitute a part of the aounty road syatem. however, in the sbsenos of any statement showing that said streets are a part of the (runty road system and in view of Cpinion No. O-1190 and the authorities oi ted therein we respeotfully answer your rir3t question in the negative. Ile now ooneider your seoond and third questions. fiticle .S351a-1, V.n.C.S., reads as follows: ‘*The Commissioners Court in all oountiea of this State shall bs authorized to furnish rlre protection and fire fighting equipment to the oitizanu of such county residing outaide the city limits of any olty, town, or vllleg4 within the county snd/or adjoining oounties. ?he Commissioners Court shall hsve the author- ity to purchase fire trucks and other fire fight- ing equi;.%ent by first advortisinC end reoeir- ing bids thereon, as provided by law. The Con- missioners Court of any county of this State shall also have the authority to enter bUi0 Oon- tracts with any oity, town, or village within.. the county and/or adjoining oonnties, upon such terms and conditions as shall be agreed upon Ronorable ?X. F. Kleke, Page 4 between the.- Commissioners Court and the govern- ing body of such city, town, or village, ror the use of the fire trucks and other fire fight- ing equipPGent or the oity, town, or village. It fe apeoliicaUg provided that the acts of MJ person or persons while fl.$ting fires, traveling to or rr0n fires, or in any manner turnluhing rim proteotlon to the oitizens or a aounty outside the oity limits of any olty, town, or village, shall be oonsldered as the acts of agents of the oounty In all respeots, - notwithstanding ouoh person or Persons may be regular employeea or firemen or a olty, town, or villa&e. No city, town, or village within a county and/or adjoining oountles shall be held liable for the aots of any of its employees while engaged in righting fires outside the city limits pursuant to any contract theretofore en- tared into between the Commissioners Court of the oounty and the governing body of the oity, town, or vlllsge. Provided however, that any tire equipment purohosed by any County shail be done only by a majority vote of property own- ing taxparers and qualified voters of suoh ooun- ty at a oounty-wide eleotion oslled tor such PurPose. " The above quoted statute do& not authorize a oounty to donate any money to a oity within or without the county to purohase a rlre truok. 3s have been unable to find any other authority authorizing a oounty to donate money to a city for suoh purpose. Artlola 2351a-1, suprs, apaoirloauy authorize8 tbe oommIssIoners* 00w 0r any 00unty 0r this state to enter Into contraots with any city, town, or village within the county and/or ad oining aounties upon auoh terms and oondltione as shall e a reed upon between the oommisslonars' court and the governing i %; ody of suoh dlty, town or village ror the use or rlre trucks and other fire fighting eqtiPlr,ent of a c lty, town, or village. Lt will be noted that the above mentloned statute speclf loally provldea, "provided however, that any fire equipment purchased by MY county shall be done only by a majority vote or the property Owning taXPaYerS and qualified voters or suah county at a county-wide else- tlon called ror auoh PUrPOse." Therefore, in reply to your third question, as stated nbove, YOU sre advlsed that lt is Ronorabla Z. 2’. Kleke, Taga 4 our opinion that e oouuty cannot !;ioe or donate to a olty or town within the county any amount of money for the ain- tenanoe of ,streete in said olty or to-n. Dut a county oan legally make expenditures for the improvement and malntan- snco of streets in e atty or to%% within the oounty ahan rald 8tmots form or oonstitute a portion of the oounty road aystam,when the oonsent or the city or town is had. However, ss above indioated, the oommlssloners* court or any county is euthoricad to enter into contraots with any oity, eto., within the oounty and/or adjoining counties, upon suoh tewm end conditions 88 shall be agreed upon between the oommlsalonars* court and the governing body or such aity, etc., for the use or fire truoks end other rlre righting equipment oi the olty, tmn, or village, in oompllance with irtlole ZMla-1, supra. .You have requested a oopy of our opinion to Travis County with refemnoe to a donation or appropriation to pur- ohasa reading room equipment for Camp Mwla. ‘Phls opinion la 80. O-3963 and we anolose a oopy or the aema ror your inror- nation and alao a oopy of our Opinion Ho. 04190 above m+n- tloned. Truetlw that the roregolng fully answers your ln- wiry, we are Yours very truly ATi’ORIiEYGEXERALOF TE= irdell Williama asslatant