Attorney General Opinions and Advisory Letters

Decision Information

Decision Content

Opinion No. 15-1482

March 27, 1915

BY: FRANK W. CLANCY, Attorney General

TO: Honorable H. B. Jamison, Assistant District Attorney, Albuquerque, New Mexico.

County commissioners may allow a city funds for fire protection.

OPINION

{*64} I have to acknowledge receipt of your letter of the 24th instant inclosing copy of another received by the county clerk from the chairman of the fire committee of the city council of Albuquerque, which contains a request that the county purchase, for the city fire department, a thousand feet of hose, which, it is suggested, would be only a just compensation for service rendered in fighting fire outside of the city limits. You say in your letter that the commissioners think it would be unwise to purchase the thousand feet of hose, but ask for an opinion as to whether or not it is legal to allow the city $ 50.00 a month for the past year, and a like amount this year, for protection to property outside of the city limits.

I agree with you that under the general powers of the board {*65} of county commissioners, which are set out in Section 664 of the Compiled Laws of 1897, this is undoubtedly a legal exercise of their authority. The fifth sub-division of that section gives the county commissioners a very wide discretionary power in the management of the interest of the county in cases not otherwise provided for by law.

 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.