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 

partment on the 

nlon OS thle dea 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 reoentruotion 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 eontraot 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, Vernontat Annotated 

Cltll Statutes, readr in part a8 follovr: 

‘Sec. 2. No county acting through its Comalesioneret 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- 

‘I 

endlture in l xoeae of Two Thousand Dollarr 

$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 oontract, 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 oontraot. 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 enforobable In any Court of thle State, and thr 

performanoe of came and the payment of my money 

thereunder may be enJoined by any property taxpaying 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 bullding 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 oplnion 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 

l ald 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 

AW:LH 

Pours very truly 

ATTORNEY QEWICRAL OF.?%Xi@ 

H@AsL.w 

BY 

&dell Wllllane 

Aeeletant 

APPROVEDJAN 18, 1941