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 resolutions and authorize the Chairman to sign the agreements.
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. 19-3608, these would be considered agreements under which Sedgwick County Fire District No. 1 would be contracting with cities for fire protection services. The agreements are required to be made by resolution. The required approval for the resolutions to approve the agreements would be by simple majority vote.