STATE OF SOUTH DAKOTA
OFFICE OF
THE ATTORNEY GENERAL

August 16, 1968

Clifford C. Oden
State's Attorney, Union County
Elk Point, South Dakota 57025

OFFICIAL OPINION NO. 68-17

Mutual aid agreements between municipality and township for fire protection

Dear Mr. Oden:

You have requested my opinion on the following factual situation:

"The City of North Sioux City owns fire fighting equipment and it wishes to enter into a contract with Big Sioux Township to furnish this equipment for the benefit of the residents in the township if it is legal to do so. The Volunteer Fire Department of that city is willing to contract with the township to man this equipment and fight fires outside the city in the township. The township is anxious to enter in such contract under the provisions of Chapter 455 of the 1961 Session Laws of this state."

You then ask the following question:

"Does a city have the authority to contract with a civil township to furnish its fire-fighting equipment for use by the incorporated volunteer fire department of that city in fighting fires outside the city in that township?"

Brief reference must be made to the provisions of Chapter 455, 1961 Session Laws where it is set forth, in part, in Section 1:

"Any civil township in this State may, through its board of supervisors, when and to the extent deemed expedient by said board, enter into contracts for the furnishing of fire fighting equipment and protection for the township, with any other political subdivision of this State, or any nonprofit fire protection corporation or association legally organized in this state, . . ."

Brief reference, also, is made to the provisions of Chapter 244, 1961 Session Laws where it is written, in part, in Section 1:

"Every municipality shall have power when and to the extent deemed expedient by its governing body, to enter into contracts for the furnishing of fire-fighting equipment and protection for the municipality, with any other political subdivision or subdivisions of this state, or any nonprofit fire protection corporation or association legally organized in this state, . . ."

It is the opinion of this office that the Legislature intended by the enactment of Chapters 244 and 455 of the 1961 Session Laws to authorize a municipality and a township in this state to enter into mutual aid fire protection agreements to the end that fire fighting vehicles, equipment and firemen of the municipality could be dispatched to fight fires out in the township and that fire fighting vehicles, equipment and firemen of the township could be dispatched to fight fires within the municipality. The Legislature has left the details of such an agreement between the municipality and township to be worked out by the governing body of each.

The South Dakota Legislature has also provided further assistance for fire protection in this State. By authority of Chapter 73, 1966 Session Laws, the State Forester of South Dakota is authorized to make his assistance available to municipalities, townships and counties in this State in the matter of fire protection. Under this authority, we are advised that the State Forester, working through the Board of County Commissioners can provide technical, financial and equipment assistance to a township or a municipality.

We recommend and suggest that an early meeting attended by at least the State Forester of South Dakota, or his delegated representative, the County Commissioners of Union County, the Supervisors of Big Sioux Township, and the governing body of North Sioux City would provide the means and method to provide an early solution to the problem which exists in your area in reference to adequate fire protection for the residents of the area,

Respectfully submitted,

Frank L. Farrar
Attorney General