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1994 Fire Protection Agreement R U R A L FIR E PRO T E C T ION A G R E E MEN T THIS AGREEMENT is made and entered into this 21st day of October, 1994, by and between the CITY OF SALINA, a municipal corporation in Saline County, Kansas, hereinafter referred to as "City", and HABCO, Inc.; owner of the property located at 248 E. Berg Road; Saline county, Kansas, <whether it be person(s), firm or corporation> -- hereinafter referred to as "Owner". WHEREAS, the City of Salina is a City of the first class, situated within the county and State aforesaid, and does, in the exercise of its municipal powers and functions, have a duly organized fire department; and WHEREAS, Owner is the owner of certain property lying and situated in Saline County, Kansas, outside the Corporate Limits of said City; and WHEREAS, Owner desires to provide for such fire protection as the City is authorized to extend outside of limits, under and pursuant to K.S.A. Section 80-1502; and so, NOW THEREFORE, in consideration of the articles and covenants hereof, it is mutually agreed by and between the City and the Owner; Owner agrees to pay City cash in advance each year a sum equiva- lent to One Hundred Twenty-five percent (125%) of the mill levy required to provide fire protection service within the limits of the city for the year in which the contract is executed or renewed, multiplied by the most recently available assessed valuation of the property (including land, improvements and personal property) for which fire protection is to be fur- nished; subject, however, to a maximum annual charge for any one tract of property in one ownership of Twenty-five Thousand Dollars ($25,000). said property being described and located as follows: Lot 6 Blk 1 Replat South Salina Service Center; 01-15-03. Addressed as: 248 E. Berg Road; Salina, KS 67401 RURAL FIRE PROTECTION CONTRACT Page it 2 IN CONSIDERATION THEREOF, the City of Salina agrees to provide firl:! protection for said property and the owner thereof, as aforesaid, consistent with and subject to each and every limitation and provision contained and Sl:!t forth, in and under said K.S.A. section 80-1502. The commencement of the first term hereof shall be the 21st day of October, 1994, and end the 31st day of December, 1994, and shall continue from year to year, or 12 month period to 12 month period, thereafter; provided 1:hat the sum determined aforesaid is paid prior to the commencement of the nex1: succeeding year or 12 month period; provided however, that in the event the governing body of the City deems it to be contrary to the public interest to provide for the extension hereof, for any given year, then it shall be the duty of the Fire Chief to refuse to accept the payment for the next year' s sE~rvices, and this contract will hereby be terminated. The sums aforesaid shall be paid unto the Director of Finance and the City Clerk of said City, and upon the receipt thereof by the City Clerk and Direc- tor of Finance, the same shall be obligatory upon the City. IN WITNESS WHEREOF, the parties hereto have caused this instrument: to be exe- cuted on the day and year first herein mentioned. CITY OF SALINA ~fLt. . ~ L-1 Tom Girard, Fire Chief of said City Manager HABCO, Inc. v:~ ',~ Vice president