OFFICE OF THE ATTORNEY GENERAL OF TEXAS
. AUSTIN
Honorable Kenneth W. Clark
County Audit or
Ward County
Honahen~, Texas
Dear Sir:
et bid rocelved,
the contract wae
t advert lslng for
nlon OS thle de-
partment on the a been received.
or as f0ii03f0:
11 your department
not an expmditare
onstruotion of an
oonpetltive bide were
ai and let to the lowest bid
not advertised void.
thank you and refer you to your
QBB which you rendered me reoent-
ruotion of an exhibit building
*Thls.~*contraot wae let to the lowest and
beet bidder and building completed but the bids
were not adrertired for ia the paper and If rou
will wire me oolleet eqlng whether or not eon-
traot is good or not and ii I @an OF @an not
:;g$y approve 8am0. I will oertalnly appreolate
.
Honorable Kenneth H. Clark, Page 2
Section 2, of Artlale 2368a, VernontatAnnotated
Cltll Statutes, readr in part a8 follovr:
‘Sec. 2. No county acting through its Com-
alesioneret Court, and no olty in this State,
shall herealter make or enter into any oontraot
or agreement for the oonatruotlon OS any pub110
building, or the proreoutlon and oompletlon oi
any pub110 work raqulrlAg or authorizing any ox-
endlture in lxoeae of Two Thousand Dollarr
‘I $2,000.00), oreatlng or lmpoelng an obllgatlon
or liability of any nature or oharacter upon
such oounty, or any eubdirleion of 6aoh oouatr,
or upon auoh olty, without flrrt eubmltting mah
proposed oontraot or agrerment to oompetltlro
bldr. hlotlor of time and plaoe vhui and where
ouch oontraot ehall be let shall be published
In suoh oounty (lf oonoemlng a county oontraot
or oontraot for euoh subdlrlrion of ouoh oountyf
and in ruoh olty (If oonoemlng a olty oontraot),
onoe a wok for two ooneeoutlre vrekr prior to
the time set for letting ruoh oontraot the date
of the first publloation to be at lear c Sourteen
daya prior to the date ret for letting said oon-
tract, and raid oontraot &all be let to the
lowest re~onelble bidder, on the re#peotiYs type
or oonetruotlon seleoted. * * l If there Is no
newspaper published in ruoh oounty, thei notloo
of the letting of such oontraot by euoh oounty
shall be given by oaue&ng notioe thereoi to be
posted at the County Courthoure door ior fourteen
(14) darr prior to the time of letting ruoh oon-
traot. l e *
*Any and all such contraots or agraementr
hereafter made by any oounty or olty In thla
Etate, without oomplylng with the terms of this
Section, shall be Told, and shall not be en-
forobable In any Court of thle State, and thr
performanoe of came and the payment of my money
thereunder may be enJoined by any property tax-
paying oltlzen oi each oouaty or city.'
For the purpose6 of this oglnlon, under the faotr
stated in your letter, we assume that the Comm1880nem1
Honorable Kenneth W. Clark, Page 3
Court contrasted for the oonetruotion of the exhibit bulld-
ing ae a l turnksyH proposition and ?ld not purohaso the
materiel and employ aday labor u to oonetruot the same as
lndloeted in a former letter from you requeetlag our opln-
ion on certain questions vhloh were anevered In our opinion
No. o-2955.
Section 2 or Artlole 2368e, supra, epeolfloally
provides that any and all such oontreots or agreements
made by any county without oomplylag vith the terms.-of
lald Section shell be void. Under the Wrote stated la
your letter, the above mentioned section of the statute
wad not ooaplled with with nferenoe to giving notloe
or advertising for bide aa provlded therein, therefore,
you are reweotfully advlerd that It le the opinion of
this department that the above mentioned contraot le void.
Truetlng that the foregoing fully anawere your
inquiry, we are
Pours very truly
ATTORNEY QEWICRAL
OF.?%Xi@
H@AsL.w
BY
&dell Wllllane
Aeeletant
AW:LH
APPROVEDJAN
18, 1941