Did Lake Charles have to provide fire protection to the port and airport inside city limits without charging them?

Plain-English summary

Lake Charles asked whether it had to protect the Port of Lake Charles Harbor and Terminal District and the Chennault International Airport Authority from fires, and whether it could use a cooperative endeavor agreement to charge for that service. In August 2015, the Attorney General concluded that both facilities were inside city limits, so the city had to provide fire response there free of charge. Their status as separate political subdivisions did not alter that conclusion.

The request described the city as first responder for structural fires and the airport’s own brigade as limited to runway and aircraft fires. The AG contrasted this in-city duty with its earlier opinions about service outside municipal limits. Having concluded the city already owed the service, it did not analyze the proposed agreement or its constitutional implications.

Currency note

This opinion was issued in 2015. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Did the port’s separate public status remove it from city fire protection?

No. The AG said the city’s duty to respond extended to property within its limits, including the port facilities described in the request.

Did the airport’s aircraft-fire brigade change the city’s duty?

No. The request described that brigade as limited to runway and aircraft fires. The AG still concluded the city was obliged to provide firefighting services at the in-city airport facilities.

Did the AG approve a fee agreement with the port or airport?

No. It concluded the city had to supply the service free of charge and expressly declined to analyze the proposed cooperative endeavor agreement.

Would the same answer apply outside the city?

The opinion distinguished facilities outside municipal limits and cited earlier AG opinions on that subject. Its conclusion addressed the port and airport facilities reported to be within Lake Charles.

Background and statutory framework

The opinion noted that La. R.S. 34:201 created the port as a political subdivision and La. R.S. 33:4710.2 declared the airport authority a political subdivision. Their legal status did not change the AG’s location-based answer. The opinion declined to reach the question under La. Const. art. VII, § 14 after finding the city already had to provide the service.

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/15-0114

Original opinion text

~tate .of 1fi.ouisiana
DEPARTMENT OF JUSTICE
P.O. BOX 9400S
BATON ROUGE
JAMES O. "BUDDY" CALDWELL
70804-9005
AnORNEY GENERAL

AUG 26 2015
OPINION 15-0114

     The Honorable Randy Roach                        71-         MUNICIPALITIES
     Mayor                                            90-A-1      PUBLIC FUNDS & CONTRACTS

     City of Lake Charles                             La. R.S. 334710.2                  La. R.S. 34:201

326 Pujo Street
The City of Lake Charles is required to provide fire fighting
Lake Charles, LA 70602
services to the Lake Charles Harbor and Terminal District and
the Chennault International Airport Authority because such facilities are located within its city limits.
Dear Mayor Roach:

You have requested an Attorney General's opinion as to whether the City of Lake Charles ("City") is obligated to provide fire protection services for the Port of Lake Charles Harbor and Terminal District ("Port") and/or the Chennault International Airport Authority ("Airport"). In particular, you ask whether the City is permitted to enter into a cooperative endeavor agreement ("CEA") with these public entities and charge a fee for the purpose of providinq firefighting services, considering the implications of La. Const. art. VII, § 14.

Your request states that the Port and the Airport are political subdivisions located within the city limits." Further, the Port does not operate its own fire protection services and the Airport only maintains a firefighting brigade through a third party provider for the purpose of fighting runway and aircraft fires only (not building or structural fires). You explain that there is no CEA or joint services agreement in place with these political subdivisions. In fact, no fees are charged by the City for such fire protection services; however, as the Port's and Airport's "first responder" for structural fires, the City is assessed for any deficiencies found in the Port's and the Airport's facilities, which ultimately affect the City's fire rating score.

In general terms, municipalities are not required to provide firefighting services outside its limits free of charge. 2 However, according to your request, the Port and the Airport are located within the city limits, thus, just like for any other immovable in Lake Charles under the jurisdiction of the City's Fire Department, the City is obligated to respond to fire emergencies at these locations. The fact that the Port and the Airport are political subdivisions of the state does not change this conclusion.

1 La. R.S. 34:201 created the Port as a political subdivision and La. R.S. 33:4710.2(8) declared the Airport Authority to be a political subdivision of the state.
, See La. Atty. Gen. Op. Nos. 05-0122 and 11-0044

Page 2

OPINION 15-0114
Mayor Randy Roach
Page 2

Therefore, since the City is obligated to provide firefighting services to the Port and the Airport free of charge, it is not necessary for our office to analyze or opine on the propriety of providing these services through a CEA and its implication under La. Const. art. VII, § 14.

In sum, it is the opinion of this office that the City is required to provide firefighting services to the Port and Airport because such facilities are located within its city limits.

We trust this adequately responds to your request. However, if our office can be of further assistance, please do not hesitate to contact us.

Yours very truly,

JAMES IY7'BUDDY" CALDWELL
ATTOR~EY GENE AL

By:
Ethel Solache Graha
Assistant Attorney General

JDC: ESG