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Hon. William Schneider, Jr. County Attorney Gillespie county Fredericksburg, Texas Opinion Ro. V-1214 Re: Legality of payments by Gillespie County to the Fredericksburg Volunteer Fire Department rather than to the City of Fredericksburg for rural area Dear Sir: fire protectfon.

Werefer to your request which reads In part as follows: 'The fire department in the City of Fredericksburg, Texas, is City-sponsored and partly City-paid, although the majority of firemen are volunteers. For a number of 

### years, Gillespie County has made payments to The Fredericksburg Volunteer Fire Department in consideration of its fighting fires fn the rural 

### areas off the County, All eqtipment is City-ovned and if any loss or damage to the clothing or personal gear of the fire

### men occurs 9 the City reimburses them. The department is not incorporated. The money received Prom the County in the past has been used for the purpose of purchasingchassi~~ for fire trucks and other fire-fighting equipment. "0

. a In construing Article 2351a-1, Is the money from Gillespie County properly pagable to the City of Fredericksburg or to the Fredericksburg Volunteer Fire Department‘?" Article 2351a-1, V.C.S., provides in part: I 0The Commissioners Court in any county'oi this State shall also have the authority to enter Into contracts with any city,Hon. William Sahneider, Jr., page 2 (V-1214)

town, **or** village within the county and/or adjoining count+es, upon such terms and condltions as shall **be** agreed upon betbeen the Commlssloners Court and the governing body of such city, town, or village, for the use of the tire trucks and other fire fighting equipment of the city, town, or village.

. . .” In Attorney Oeneral’s Opinion O-6160 (1944), It was held: ***Generally** speaking, the authority of the oommiasioners 1 court as the governing body of the county to make contracts in its behalf Is strictly limited to that conferred either expr’esdlg or by fair or necessary implication by the constitution and statutes of this State. (Tarrant COunty VI). Rogers, 125 S.W. 592; Balclwin vs. Travis County, 88 S.W. 480). The authority to contract OQbehalf of the county is vested alone ln the comIssioneras court in the absence of a etatute authoricing some other agency to contraat; and if an agreement Is not madethrough or eanctloned by such agency, it binds nsithep the county nor the individual. (Sparks vs. Kaufman County, 194 S.W. 605; American MaInfectIng Companyvs. Freestone County, 193 S.W. 440; Texas Jurisprudence, Vol. 11, page GO.) Ths ccmmlssloners~ cow?t must have authority of law for its contracts, and, If the authority has been given, a reasonable conetruction of it will be given to affect its pulrpose. (Commlasloners’ Court vs. Wallace, 15 S.W.2d 525).

“Article 2351a-1, supra, specifically authorlses the ccrmnissioners 1 court of any county of this State to enter into contracts with an city, town, or village within the county and or 9 adjoining counties upon such terms and condltions as shall be agreed upon between the commissioners t court and the governing body of the city, town, or village for the use of fire trucks and other fire fighting equipment of the city, town or village. Therefore, you are respectfully .advlsed that It is the opinion of this department that the CommlsslonersP Court of Lamar County Is authorized under the law to enter into a contract with the City of Paris. .



# ‘,q eon. UilliamSchneider, 

### Jr., page 3 (V-121.4)

to providefor firefightingfacilitiesto protectpropertylocatedoutsideof the city limitsof Paris." See alsoAttUyGen, op.v-101 (1g47), However,the Legislature has not authorpised countiesto enter Into such contractswith unlncorporatedvolunteer fire departments. 

### Therefore,we agree with you that themoney for rural fire ppotectfonis properlypayableby GillespieCountyto tha Cety of Fredericksbtig

ratherthan to theFredepicksbupg Vir3,*, unteerFire Department. SUMMARY The money to be paid for rural fire protection 

### contractedfor under the p~avi

### sions ofArticle2351a-1,VQCOS,is properlypayableby GillespieCountyto the City of Fredericksburg.Art. 2351a-1,V. C.S. APPROVED: J. C. Dnvls,Jr. 

### CountyAffairsMvision EverettHutchinson ExecutiveAssistant Charl.es

D, Mathews FirstAssistant ,Yo'urs very 

### truly, PRICEMNIEL Attorney 

### General

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