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Government Services Agreement for Fire Code Inspection and Enforcement Services with the City of Bentley, Kansas.
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RECOMMENDED ACTION: Approve the agreement and authorize the Chairman to sign.
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 agreement exists for these inspections and enforcement services with the City of Bentley, Kansas (“City”).
The Sedgwick County Fire Code contemplates that an agreement must be entered into between the County and the City in order for the Sedgwick County Court to have valid jurisdiction over any potential Sedgwick County Fire Code violations that occur in the City.
By reaching an agreement with the City, 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 City’s home rule powers, as protected by the Kansas Constitution and K.S.A. 19-101a(4).
This agreement would essentially maintain the long-standing practice of SCFD #1 completing inspections within the City.
Financial Considerations: N/A
Policy Consideration: N/A
Outside Attendees: N/A
Multimedia Presentation: None
Legal Considerations: Pursuant to K.S.A. 12-2908, this would be considered a contract between municipalities that would require Board of County Commissioners approval. Approval is by simple majority vote.