AGO 1996-164.

• Case Date: March 27, 1996
• Court: Alabama

Alabama Attorney General Opinions 1996. AGO 1996-164. 1996-164March 27, 1996Honorable Mary Sue Smith, Chairman Board of Directors Huguley Water and Fire Protection Authority P. O. Box 426 Lanett, AL 36863 Water and Fire Protection Authorities - Fire Protection - Municipalities - FeesWater and Fire Protection Authority under __ 11-88-1, et seq., is not mandated to provide fire protection, but has power to set reasonable rates or charges and may contract with a city for the operation of a fire station in its service area.Dear Ms. Smith: This opinion is issued in response to your request for an opinion from the Attorney General. QUESTIONS 1. Is it mandatory that the Water and Fire Protection Authority provide fire protection? 2. Does the Authority have the power to assess (1) its customers, or (2) all of the property owners in its service area, except the City of Lanett, an involuntary, mandatory monthly fee for fire protection? 3. Assuming that the Authority has the authority to assess a monthly fee for fire protection, does it have the authority to contract with the City of Lanett to provide expanded fire protection in the Authority's service area by reopening a full service fire station in Huguley? FACTS, LAW AND ANALYSIS You have informed us of these facts: The Huguley community is an unincorporated area located west of and adjacent to the City of Lanett, Alabama. Most of the Huguley community lies within the Police Jurisdiction of Lanett. Several years ago there was litigation pertaining to the amount of money Lanett was spending in its police jurisdiction in relation to the tax it was collecting there. One of the results of that litigation was that Lanett located a fully manned fire station in Huguley. Subsequent to the incorporation of the City of Valley, Alabama, which removed most of the police jurisdiction base of Lanett, Lanett closed its fire station in Huguley. The Lanett fire department continues to provide fire and emergency service in the Huguley area. There has been considerable unrest in the Huguley community as the result of Lanett closing the fire station there. One problem is that the additional distance that the fire trucks and emergency vehicles now have to come have greatly weakened the security that the people had. In addition to this, the fire and hazard insurance rates are due for reevaluation, and it is...