## THEATTORNEY GENERAL OF TEXAS Auts-rmw

11.TEXAS PRICE DANIEL ATTORNEY

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### naroh28,1951

Hon. J. C. McEvoy County Attorney Wailer County Hempstead, Texas opinion Ilo. v-1159 Re: Hecesslty for a favorable county-wide election andadvertisement for competitive bide precedent to contract

Dear Sir: by commissioners Icourt for the use of e city’s fire fighting equipment.
Reference is madeto,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 vlllage?In the event that question 1above 

### shouldbe 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 tCourt to exercise such authority? Wouldany contract contemplated by question 1above be required to be advertised under the provisions of Article 23f33a.,v.cs.? Attorney Oeneral’s Opinion O-6160 (1944) ansvers your first question, andthe Commissioners’ Court of Wailer County mayenter into contracts with the governing body of any city or townwithin the county for the use of the fire trucks and other fireHon. J

. C. BlcEvoy, page 2 (V-1159)

fighting equipment of such city or tom In the county 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 counties of this State shall beauthorised to furnish fire protection andfire fighting equipment to the citizens of such county residing outside the city limits of any and/or adjoining cduutles

. city, town, or vllqage tith~;~~;ty slonere Court shall have the authority’ to purchase fire trucks and other fire flghtlng equipment by flrat advertising and receiving bids thereon, as provided by lav. TheCommissioners Court of any county of this State shall also have the authority to enter into contracts with anycity, town, or viliege within the county and/or adjoiaing counties, upon such terms and conditions as shall~be agreed uponbetween the Commissioners Court andthe governing body of such city, town, or village, for the use of the fire trucks andother flre flghtlng equipment of the city, tovn, or Village.

. . . Provided, however, that any fire equipment purchased byanyCounty shall be done only by amajority vote of property ovning taxpayers andqualified 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 Countywhereby the county will pay so muchmoneyto the cities, and the cltfee ln turn will furnleh fire protection to property lying outside the oorporate limits of such cities. Since-fire fighting equipment is not to be purchased bythe county, it Is our opinion that a county-wide election Is not required to be held before the commieelonere ’ court may enter into contraots inquired about in your feat queetion.Hon. J. C.XcEvoy, page 3 (V-1159)

Section 2of Artiole ?2368a,V.C.S., p$oi vldee, In part:

“lo county, actlng!through ita Cornmissioners Court, endno ’city In this State shall hereafter makeany contract calling for or requiring the expenditure or payment ofTwoThousand ($2,000.00) mllars or more out of any fund or funds orany city or county or subdlvlslon 0r any county creating or imposing an obllgation or llablllty of anynature or oharacter upon such county or anysubdlvlslan Of such county, or uponsuch city, without first etabmltting such proposed contract to competltlve bias, . . .*: Thepurpose of Article 2351a-1, V.C.S., is to give ?Ire protection to property lying outside the corporate limits of cities and towns MthIn the county. In order to accomplish this purpose, Article 2351a-1 authorizes the coarmlssloners rcourt to enter lntc a contract with any particular city whereby the county will paya certain sumof moneyandthe city will furnish lips P rotection to the people living outside such city lmits. Sucha contract could not berequlred 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 anyparticular city and would limit its power tc contract to those cities which vere the successful bidders, Tohold 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 proteotion under the contract. It is our opinion, therefore, that such contracts madeIn pursuance to Article 2351a-1 are not vlthln the contemplation of Article 2368a. SUMMARY Acounty-vlde election quired under the provisions 2351a-1, V.C*S., before the court Is authorized to makeis not reof Article commlssloners I a contractRon. J1CIHCEVOY, page 4 (v-lr!@)

with cities Yhereby the county agrees to pay a sumof moneyto cities upon the condition that the cities vi11 give fire protection to the adjacent territory outside the corporate limits of such cities: Suchcontracts ape not required to be let under competitive **bide.** APPROYED: J. C: Davis, JrCountyAffairs Division Jesse P. Luton, Jrj Revleving Assistant Charles D. Mathevs First Assistant

EUl:llW Yours very truly, PRICEDANIEL Attorney General

4 BY dfcc /rcrc;l., Bruce Allen Assistant

Enclosure