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File #: 16-525    Version: 1 Name: Government Services Agreements For Fire Code Inspections
Type: Contract Status: Filed
File created: 8/9/2016 In control: Board of Sedgwick County Commissioners
On agenda: 8/24/2016 Final action: 8/24/2016
Title: GOVERNMENT SERVICES AGREEMENTS FOR FIRE CODE INSPECTION AND ENFORCEMENT SERVICES WITH: THE CITY OF HAYSVILLE, CITY OF KECHI, AND CITY OF BEL AIRE, KANSAS. Presented by: Justin M. Waggoner, Assistant County Counselor. RECOMMENDED ACTION: Approve the agreements and authorize the Chairman to sign. PUBLIC COMMENT
Attachments: 1. Agreement with City of Kechi, 2. Agreement with City of Haysville, 3. Agreement with City of Bel Aire

Title

GOVERNMENT SERVICES AGREEMENTS FOR FIRE CODE INSPECTION AND ENFORCEMENT SERVICES WITH: THE CITY OF HAYSVILLE, CITY OF KECHI, AND CITY OF BEL AIRE, KANSAS.

Presented by: Justin M. Waggoner, Assistant County Counselor.

 

RECOMMENDED ACTION:  Approve the agreements and authorize the Chairman to sign.

 

PUBLIC COMMENT

 

Body: 

In order to ensure enforceability of the Sedgwick County Fire Code within cities located in Sedgwick County Fire District Number One (“SCFD #1”), agreements have been drafted to clarify that SCFD #1 is to provide fire code inspection services in the cities located within SCFD #1.  Presently, no such agreements exist for these inspection and enforcement services.

 

The Sedgwick County Fire Code contemplates that an agreement must be entered into between the County and the cities in order for the Sedgwick County Court to have valid jurisdiction over any potential Sedgwick County Fire Code violations.

 

By reaching agreements with these cities, the County would not only establish prosecutorial jurisdiction within the cities’ corporate boundaries, but it would clarify that the County is not infringing upon the cities’ home rule powers, as protected by the Kansas Constitution and K.S.A. 19-101a(4).

 

These agreements would essentially maintain the long-standing practice of SCFD #1 completing inspections within these cities.

 

Financial Considerations:  N/A

 

Policy Consideration:  N/A

 

Outside Attendees:  Unknow

 

Multimedia Presentation:  None

 

Legal Considerations: Pursuant to K.S.A. 12-2908, these would be considered contracts between municipalities that would require the Board of County Commissioners' approval.  Approval is by simple majority vote.

 

 

Date NameDistrictOpinionCommentAction
8/20/2016 1:09 AMnorton   is the statement labeled as #1 , "or any subsequent version of the Sedgwick County Fire Code" intended to mean that whenever the fire district updates to a new version of the fire code, the "cities" within the fire district, do not have to specifically adopt that newer code version by a separate city ordinance as they had done so in the p***? In other words, the newer version becomes affective at the same time for them as it does for the unincorporated areas of the fire district. -1