Hon. H. L. Roberson

CountyAttorney Wlnkler County Kermit, Texas OpinionNo. O-4326 Re: Commissionersr‘court - authority to'employ utility' ma&to take care of and maintain oounty fire truoks and relatedmatters. Dear Sir: Your request for opinion has been received and carefuliy consideredby this department.'We quote from your request" arjfollows:, "WinklerCoinrtg~has a population of 6,141 inhabitants " in accordanoe.with the last preceding Federal'census, in.compliancewith Artlole S351a,Vernonfs.Clvil'statutes, the oounty has the authority to ,purchase-fire fighting equipment. ; "The Courthas purohased and are now using two new fire : trucks, these,fire, trucks are being operated,bythe Wink and Kermit voluntary fire departments,along,with the fire trucks that are owned by Wink and Kermit. "Our Commissioners~~Courtwents ‘yduropinion~as to whether or not they have the authority to employ a utilitymsn for the care and maintenance of these oounty fire trucks. If so, from what fund would he&be paid? "Article S351a-1, Vernonts Civil Statutes, allows all counties the authority to contractwith the city, town or villages,,

located,within the county, for fire protection and fire fighting equipment. Does the oourthave. the authority to .contraot with the cities on the employment of a utility man? the utilityman to care for end maintain both the aity and oounty .firetrucks? nYour~opinionon these questions ~111~certainlybe appreciated." Article 2351a,.

V.A,C.S.,.referredto by you in your letter was held unoonstitutionalas a localor special law, by opinionNo. O-3417 of this department;:a copy of 'whichis enclosedherewith for your information.Hon. H. L. Roberson - Page 2, O-4326

OpinionNo. O-4300 of this departmentholds H. B. 262, 47th Legislature of Texas, (Artiole 2351a-1,V.A.C.S.) to be constitutionaland valid. This opinion also holds that fire fighting equipmentpurohased in compliancewith the act should be paid for out of the general fund of the county. A copy of this opinion is enolosed herewith for your information.
We .quotefrom opinionNo. O-4256 of this department as follows:
n

. . .The oommissioners~ oourt of any county is authorized to enter into contraotswith any oity, eto. within the county and/or adjoining oounties, upon suoh terms and conditions as shall be agreed upon between the oommissionerst court and the governingbody of such oity, etc. for the use of fire truoks and other fire fighting equlpment of the oity, town or village, in oomplianaewith Article 2351a-1, supra."
We encloseherewith a oopy of said opinion for your information.
You are respeotfully advised that it Is the opinion of this department: 1. After the purchase of the fire fighting equipmentand fire truoks in the manner‘outlined by Artiale 2351a-1 it is **our** opinion that the oommissioners 1 courtwould have the implied authority to employ a utilitymen for the oare and maintenanoe of the oounty flre~truoks. It ia our further opinion that his salary should be paid from the general fund of the oounty. 2. It is our further opinion that your last question should be answered in the affirmative and it is so answered.
Very truly yours ATTORITEX

GENERAL.,OF

TEXAS s/ Wm. J. Fanning wJFxFs/cg APPROVEB JAR. 23, 1242 s/ Grover Sellers FIRST ASSISTART ATTORNEY GENERAL BY Wm. J. Fanning .Assistant

Approved Opinion Committee, By BWB, Chairmen