Title
A resolution directing Sedgwick County Fire District Number One to enter into an agreement for Fire Protection Services with the City of Bentley, Kansas pursuant to K.S.A. 19-3608.
Body
RECOMMENDED ACTION: Approve the resolution and authorize the Chairman to sign the agreement.
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 with the City of Bentley (“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.
By reaching agreement an agreement with the City, the County would not only establish prosecutorial jurisdiction within the City’s 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).
These agreements 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. 19-3608, this would be considered an agreement under which Sedgwick County Fire District No. 1 would be contracting with the City for fire protection services. The agreement is required to be made by resolution. The approval for the resolution to approve the agreement is by simple majority vote.