‘. - 

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. 

We refer 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 firemen 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 0 The 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 OQ behalf 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 

made through or eanctloned by such agency, it 

binds nsithep the county nor the individual. 

(Sparks vs. Kaufman County, 194 S.W. 605; 

American MaInfectIng Company vs. 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 9 or 

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. Uilliam Schneider, Jr., page 3 (V-121.4) 

to provide for firefighting facilities to 

protect property located outside of the 

city limits of Paris." See also AttUy Gen, 

op. v-101 (1g47), 

However, the Legislature has not authorpised 

counties to enter Into such contracts with unlncorporated volunteer fire departments. Therefore, we agree 

with you that the money for rural fire ppotectfon is 

properly payable by Gillespie County to tha Cety of 

Fredericksbtig rather than to the Fredepicksbupg Vir3,*, 

unteer Fire Department. 

SUMMARY 

The money to be paid for rural fire 

protection contracted for under the p~avisions of Article 2351a-1, VQCOS, is properly payable by Gillespie County to the 

City of Fredericksburg. Art. 2351a-1, V. 

C.S. 

APPROVED: 

J. C. Dnvls, Jr. 

County Affairs Mvision 

Everett Hutchinson 

Executive Assistant 

Charl.es D, Mathews 

First Assistant 

,Yo'urs very truly, 

PRICE MNIEL 

Attorney General 

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