OFFICE OF THE ATTORNEY GENERAL OF TEXAS AUSTIN

scnorable 5%.F. Xiisks :&untyAttorney .&OC0unt.J @idd~n6s, 7bxt.m
prsr sir:

33: can the

your letter of r eating anoppinion dthersin reads ae

treets; 2. (Ian

olty, andalso provides the ok for the oommunlty surroundoutside of the olty limits? 

# w I myopinion that the City oan not donate moneyfor the purchaee of a fire truak axoapt by an agreement to furnish its use to the entire aounty, 1 BPor the opinion that tha oounty aanagree with the alty to help In the maintsnanae 

### 0r streets. I beaa thin latter aontention on Smith va. Calthy 228 S. Y:. 198 and Eughee v. County Comel~sloner~ Court OfHa@8 county, 35 a. ?Y.2nd

### ala, wherein it la helda
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 rromyour department. I believe that perhaps the opinion reoently given Travis County tith reference to a donation to someArmy unit maybe of help to meand 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 settled that the oontrol andjurisdiotlon over streets of amuniofpal 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 whensaid streets were alao a pub110 road, particularly whendone with the consent of the olty. see Hughes VS. County Commlsel.onere’ Court 

### 0rIIerrisCounty, 35 s. YI. (2d) 818. This sameaonalusion was reaohed by the SupremeCourt in the case of the **City** of Breokenridge vs. Stephens County, 40s. w. (2d) 43, ivherein the oourt said:

“*The aommiseioners court mayexpend county road bond funds for improvement of oity streets 

### rormingpart oi aounty roads whhsremade with city’s oonsent. *

c *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 Oramunialpal oorporation within whloh said streets **may** be looated. TheSupremeCourt in the Breckenridge case, above alted, dlstlnguished between streets forming a part of a oounty road system andstreets 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

‘streets forming part of oounty roads, fand InHonorable ?:. 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 drawa dietinotion between streets, speuking generally of the arteries of trafflo within amunioipalitg, and.suoh streets ae form a continuation of e oounty road, but In any event a street whioh hadbeen 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 andjurisdiotion, andhas no powers or dutlea exoept those whioh are olearly set forth and **de** fined In the Constitution and statutes, andthose powers that arise by a neaessery implloatlon. Theauthorities supporting this general statement are so nu-zerouswedonot deemIt neoeaeary to oite anyof them.

:.ith reference to your first question you donot state whether or not the streets mentioned aonetitute a part of the aounty road syatem. however, in the sbsenos of anystatement showing that said streets are apart of the (runty road system and in view of Cpinion No. O-1190 andthe authorities oited therein we respeotfully answer 

### yourrir3t question in the negative.

Ilenowooneider **your** seoond and third questions. fiticle .S351a-1, V.n.C.S., reads as follows:

‘*TheCommissioners Court in all oountiea of this State shall bs authorized to furnish rlre protection andfire 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 authority to purchase fire trucks and other fire fighting equi;.%ent by first advortisinC end reoeiring bids thereon, as provided by law. TheConmissioners Court of any county of this State shall also have the authority to enter bUi0 Oontracts with any oity, town, or village within.. the county and/or adjoining oonnties, upon such terms and conditions as shall be agreed upon **,277**Ronorable ?X.F. Kleke, Page 4

between the.-Commissioners Court and the governing body of such city, town, or village, ror the use of the fire trucks and other fire fighting equipPGent

### ortheoity, town, **or** village. It fe apeoliicaUg provided that the acts of MJ person or persons while fl.$ting fires, traveling to **or** 

### rr0nfires, or in anymanner 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 maybe regular employeea or firemen 

### or a olty, town, **or** villa&e. Nocity, 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 entared 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 bya majority vote of property owning taxparers and qualified voters of suoh oounty at a oounty-wide eleotion oslled tor such PurPose. " Theabove quoted statute do& not authorize a oounty to donate anymoneyto a oity within or without the county to purohase a rlre truok. 3s have been unable to find anyother authority authorizing a oounty to donate moneyto a city for suoh purpose.

Artlola 2351a-1, suprs, apaoirloauy authorize8 tbe oommIssIoners* 

### 00w 0rany00unty0rthis stateto enter Into contraots with any city, town, or village within the county and/or ad oining aounties upon auohterms and oondltione as shall i %; e a court andthe governing reed uponbetween the oommisslonars' ody of suoh dlty, town or village ror the use or rlre trucks and other fire fighting 

### eqtiPlr,ent of aclty, town, or village. Ltwill be noted that the above ment loned statute speclf loally provldea, "provided however, that anyfire equipment purchased by MY county shall be done only by amajority vote or the property OwningtaXPaYerS andqualified voters or suah county at a county-wide elsetlon called ror auoh PUrPOse." Therefore, in reply to your third question, as stated nbove, YOUsre advlsed that lt isRonorabla Z. 2’

. **Kleke, Taga**  **4**

our opinion that e oouuty cannot !;ioe or donate to a olty or townwithin the county anyamountof moneyfor the aintenanoe of ,streete in said olty or to-n. Duta county oan legally makeexpenditures for the improvement andmalntansnco 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 anyoity, eto., within the oounty and/or adjoining counties, uponsuoh tewm endconditions 88shall be agreed uponbetween 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 Countywith refemnoe to a donation or appropriation to purohasa reading roomequipment for CampMwla. ‘Phls opinion la 80. O-3963 andwe anolose a oopy or the aemaror **your** inrornation and alao a oopy of our Opinion Ho. 04190 above m+ntloned. Truetlw that the roregolng fully answers your lnwiry, **we** are Yours very truly ATi’ORIiEY

GEXERAL

OFTE=

irdell Williama asslatant