THEATTORNEY GENERAL OF TEXAS Auts-rmw 11. TEXAS PRICE DANIEL .. ATTORNEYr;EkERu naroh 28, 1951 Hon. J. C. McEvoy opinion Ilo. v-1159 County Attorney Wailer County Re: Hecesslty for a favor- Hempstead, Texas able county-wide elec- tion and advertisement for competitive bide precedent to contract by commissioners I court for the use of e city’s fire fighting equipment. Dear Sir: 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 vll- lage ? 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 adver- tised 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 coun- ty 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 coun- ties 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 city, town, or vllqage tith~;``;ty and/or adjoining cduutles . slonere Court shall have the authority’ to purchase fire trucks and other fire flght- lng 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 proper- ty 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 commie- elonere ’ 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 Corn- missioners 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 obllga- tion or llablllty of any nature or ohar- acter 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 out- side the corporate limits of cities and towns MthIn the county. In order to accomplish this purpose, Article 2351a-1 authorizes the coarmls- sloners 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 rotection to the people living outside such city Plmits. Such a contract could not be requlr- ed 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 pro- teotion under the contract. It is our opinion, therefore, that such contracts made In pursuance to Article 2351a-1 are not vlthln the contempla- tion of Article 2368a. SUMMARY A county-vlde election is not re- quired under the provisions of Article 2351a-1, V.C*S., before the commlssloners I court Is authorized to make 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 terri- tory outside the corporate limits of such cities: Such contracts ape not required to be let under competitive bide. APPROYED: Yours very truly, J. C: Davis, Jr- PRICE DANIEL County Affairs Division Attorney General Jesse P. Luton, Jr j Revleving Assistant df cc /rcrc;l., BY 4 Charles D. Mathevs Bruce Allen First Assistant Assistant EUl:llW Enclosure