THEATTORNEY GENERAL 

OF TEXAS 

Auts-rmw 11. TEXAS 

PRICE DANIEL 

ATTORNEY r;EkERu . . 

naroh 28, 1951 

Hon. J. C. McEvoy 

County Attorney 

Wailer County 

Hempstead, Texas 

opinion Ilo. v-1159 

Re: Hecesslty for a favorable county-wide election and advertisement 

for competitive bide 

precedent to contract 

Dear Sir: 

by commissioners I court 

for the use of e city’s 

fire fighting equipment. 

Reference is made to ,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 1 above 

should be 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 t Court 

to exercise such authority? 

Would any contract contemplated by 

question 1 above be required to be advertised under the provisions of Article 

23f33a., v.cs.? 

Attorney Oeneral’s Opinion O-6160 (1944) 

ansvers your first question, and the Commissioners’ 

Court of Wailer County may enter into contracts with 

the governing body of any city or town within the 

county for the use of the fire trucks and other fire 
Hon. 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 be authorised to 

furnish fire protection and fire 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. 

The Commissioners Court of any county of 

this State shall also have the authority 

to enter into contracts with any city, 

town, or viliege within the county and/or 

adjoiaing counties, upon such terms and 

conditions as shall~be agreed upon between 

the Commissioners Court and the governing 

body of such city, town, or village, for 

the use of the fire trucks and other flre 

flghtlng equipment of the city, tovn, or 

Village. . . . Provided, however, that any 

fire equipment purchased by any County shall 

be done only by a majority vote of property 

ovning taxpayers and qualified 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 County whereby the 

county will pay so much money to 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 

by the 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 2 of Artiole ?2368a, V.C.S., p$oi 

vldee, In part: 

“lo county, actlng!through ita Cornmissioners Court, end no’ city In this 

State shall hereafter make any contract 

calling for or requiring the expenditure 

or payment of Two Thousand ($2,000.00) 

mllars or more out of any fund or funds 

or any city or county or subdlvlslon 0r 

any county creating or imposing an obllgation or llablllty of any nature or oharacter upon such county or any subdlvlslan 

Of such county, or upon such city, without 

first etabmltting such proposed contract to 

competltlve bias, . . .*: 

The purpose 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 r court to enter lntc a contract with any 

particular city whereby the county will pay a 

certain sum of money and the city will furnish 

lips 

P 

rotection to the people living outside such 

city lmits. Such a contract could not be requlred 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 any particular city and 

would limit its power tc contract to those cities 

which vere the successful bidders, To hold 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 made In pursuance 

to Article 2351a-1 are not vlthln the contemplation of Article 2368a. 

SUMMARY 

A county-vlde election 

quired under the provisions 

2351a-1, V.C*S., before the 

court Is authorized to make 

is not reof Article 

commlssloners I 

a contract 
Ron. J 1 C I HCEVOY, page 4 (v-lr!@) 

with cities Yhereby the county agrees 

to pay a sum of money to cities upon 

the condition that the cities vi11 give 

fire protection to the adjacent territory outside the corporate limits of 

such cities: Such contracts ape not 

required to be let under competitive 

bide. 

APPROYED: 

J. C: Davis, JrCounty Affairs Division 

Jesse P. Luton, Jr j 

Revleving Assistant 

Charles D. Mathevs 

First Assistant 

EUl:llW 

Yours very truly, 

PRICE DANIEL 

Attorney General 

BY 4 df cc /rcrc;l., 

Bruce Allen 

Assistant 

Enclosure