Judges: JIM MATTOX, Attorney General of Texas
Filed Date: 10/12/1984
Status: Precedential
Modified Date: 7/6/2016
Honorable J.W. Johnson, Jr. Sutton County Attorney P.O. Box 1687 Sonora, Texas 76950
Re: City-county agreement concerning volunteer firemen
Dear Mr. Johnson:
Your letter requesting an opinion from this office advises:
Sutton County Commissioners Court in conjunction with the Sonora City Council entered into a contractual agreement to contribute and/or compensate the city of Sonora for electrical services provided to thirteen (13) voluntary firemen. Sutton County is to pay one-half (1/2) of the volunteer firemen's accumulated electrical bills on a quarterly basis, and the city of Sonora is to pay one-half (1/2) of the utility bills. The city of Sonora has been sending quarterly statements to the commissioners court for payment of one-half (1/2) of the electrical bill. The county is withholding payment of the electrical billings until such time as an attorney general opinion is rendered on the legalities of this contractual arrangement.
Sutton County has a population of 5,130 according to the most recent United States Census and a property valuation of more than $100,000,000. Sonora is a city within the county.
We have not been provided a copy of the agreement, and our discussion is necessarily couched in general terms. Generally, it is not unlawful for a county such as Sutton County to contract with an incorporated city lying within its borders to have fire protection furnished by the city to county areas outside the municipality. V.T.C.S. arts. 2351a-1, 2351b-1; Ector County v. City of Odessa,
492 S.W.2d 360 (Tex.Civ.App.-El Paso 1973, no writ). See also Attorney General Opinion H-279 (1974).
However, article
According to the information supplied us, the county auditor does not have the power to limit the county's pecuniary liability under the agreement, since the county is bound thereby to pay for one-half of all the electricity the firemen choose to utilize, whatever that amount might be. See Attorney General Opinion O-4140 (1941). Moreover, it appears that the obligation extends not merely for a one-year period but for the duration of a long-term agreement. Thus, the county apparently undertook a matter related to its ordinary expenses that might not be paid out of current revenues. So far as the information provided us discloses, the county failed to create a sinking fund or to provide an appropriate means to collect money for such a fund. Under those circumstances, the creation of the debt was constitutionally impermissible. City of Wichita Falls v. Kemp Public Library,
In view of our conclusion above, it is unnecessary to consider the applicability of article 1113, V.T.C.S. (no free service if system encumbered), or whether an agreement to furnish unlimited electricity for the private use of volunteer firemen constitutes "monetary remuneration" within the meaning of sections 1 and 25 of article 6243e.3, V.T.C.S. (Volunteer Fire Fighters Relief and Retirement Fund) [cf. V.T.C.S. art. 6701h, § 1, subd. 14; Tax Code §
Very truly yours,
Jim Mattox Attorney General of Texas
Tom Green First Assistant Attorney General
David R. Richards Executive Assistant Attorney General
Prepared by Bruce Youngblood Assistant Attorney General