Montana Attorney General Opinion 17-132

Opinion No. 132. Counties-County Commissioners, Powers of. HELD: County commissioners have power to purchase road machinery on instal\ment plan. Mr. George J. Allen County Attorney Livingston, Montana Dear Mr. Allen: August 5, 1937. You have submitted the following re- quest for an opinion: . "After a call for bids for the three- quarter yard full-revolving shovel bids were submitted to the county commissioners of Park County, Mon- tana, and after a consideration of the bids the bid of the Petrie Tractor and Equipment Company was ac- cepted. "It is proposed to pay for this e<;:t':Iipment by the giving of a con- dItional sales contract cal\ing for in- terest at six per cent, payments to extend over a period of two years. * * * "I would appreciate having your office furnish me with an opinion as to the legality of the purchase of the equipment in this matter." This question was answered by an opinion of the Attorney General, Oc- tober 4, 1934. See Opinion No. 619 Volume 15, Opinions of the Attorne~ Ge.n~ral, p. 424. We agree with that op111lOn. No doubt in many instances where the budget does not otherwise permit, it is an advantage and desir- able to purchase road machinery by this method of payment. In the absence of constitutional or statutory provisions forbidding it, we see no reason why the county commissioners may not make such contract. Having the power to purchase the property, the method of payment is also within the power of the county commissioners, subject only to such limitations as are pro- vided by law. It is therefore my opinion that this contract is legal.