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9.1 Agr Fire ProtectionAGENDA SECTION: NO. 9 ITEM: NO. I CITY OF SALINA REQUEST FOR COMMISSION ACTION DATE TIME 7/9~4/95 4:00 P.M. ORIGINATING DEPARTMENT: APPROVED FOR City Clerk AGENDA: Judy D. Long~ BY: BY: ~ Item Ordinance Number 95-9700 authorizing the City Manager to execute a contract for fire protection of property outside the City Limits. Background A contract with Rosemary A. Bonin, 209 E. Pleasant Hill Road, has been attached for Commission review. This contract has an effective date of August 1, 1995. Also attached is a letter from the Fire Department showing the formula for determining the cost of the service. Per Section 14-1 of the City Code, the City may enter into a contract for fire protection for property located outside the city limits. Recommendation Since the contract has an effective date of August 1, 1995 and the Commission will not be meeting on July 31, it is the recommendation of staff to: 1. Adopt Ordinance Number 95-9700 for first reading. 2. Declare an emergency exists in order to have the second reading of Ordinance Number 95-9700 on the same day. 3. Adopt Ordinance Number 95-9700 on second reading. COMMISSION ACTION MOTION BY SECOND BY THAT: (First published in The Salina Journal July , 1995) ORDINANCE NUMBER 95-9700 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT FOR FIRE PROTECTION OF PROPERTY OUTSIDE THE CITY LIMITS. BE IT ORDAINED by the Governing Body of the City of Salina, Section 1. That the City Manager is authorized to execute a contract for fire protection of the following property located outside the city limits: Owner's Name & Address Property Location Rosemary A. Bonin 209 E. Pleasant Hill Rd. Salina, Kansas 67401 209 E. Pleasant Hill Rd. Section 2. Any and all other contracts executed with the City of Salina for fire protection on the above mentioned property, are hereby null and void. Section 3. That this ordinance shall be in full force and effect from and after its adoption and publication once in the official city newspaper. Introduced: July 24, 1995 Passed: July 24, 1995 (SEAL) ATTEST: John Divine, Mayor Judy D. Long, City Clerk RURAL FIRE PROTECTION AGREEMENT THIS AGREEMENT is made and entered into this first day of August, 1994, by and between the CITY OF SALINA, a municipal corporation in Saline County, Kansas, hereinafter referred to as "City", and Rosemary A. 8onin; owner of property located at 209 E. Pleasant Hill 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: S 236' of W 205.3' of W/2 of E/2 of SW/4; 25-13-03 Addressed as 209 E Pleasant Hill Road; Salina, KS 67401 RURAL FIRE PROTECTION CONTRACT Page # 2 IN CONSIDERATION THEREOF, the City of Salina agrees to provide fire protection for said property and the owner thereof, as aforesaid, consistent with and subject to each and every limitation and provision contained and set forth, in and under said K.S.A. Section 80-1502. The cor, mencement of the first term hereof shall be the 1st day of August, 1995, and end the 31st day of December, 1995, and shall continue from year to year, or 12 month period to 12 month period, thereafter; provided that the sum determined aforesaid is paid prior to the commencement of the next 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 services, 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 Dennis M. Kissinger, City Manager Tom Girard, Fire Chief of said City Ro'semary A. Bo%4in~ Owner SilLIn l FIRE AND EMERGENCY SERVICES TOM GIRARD, ~ Ch~ 222 W. Elm Street · Salina, Kansas 67401 TELEPHONE (913) 826-7340 · FAX (913) 826-7346 July 19, 1995 'lllr Rosemary A. Bonin P. O. Box 245 209 E. Pleasant Hill Rd'. Salins, Kansas 67401 Thank you for your i..~k~t~f.wv., obtin ty of Salins fire protection for your rural property. Attached is a copy of City Ordinance #94-9622, and the State statute, which establishes the guidelines for providing such protection. We have searched the Saline County tax records and obtained the following information: Legal Description: (PID # 037-25-0-30-01-010) S 236' of W 205.3' of W/2 of E/2 of SW/4; 25-13-03. Addressed aa: 209 E. Pleasant Hill Rd; Salina, KS 67401 Market Value % Real Valuation: RR Land $ 7,350.00 11.5 RR Improv. $ 29,150.00 11.5 Assessed Value $ 845.25 $ 3,352.25 Total Assessed Value of Real Property $ 4,197.50 Personal Valuation: TOTAL ASSESSED VALUATION: Mill Levy $ 4,197.50 .02167' Annual Cost $ 90.96 Prorated for period of August 1, 1995, through December 31, 1995 as follows: 0 days @ $ .25 5 months @ $ 7.58 = $ .00 (Aug 1- Dec 31) = $ 37.90 Total Due for 1995 $ 37.90 If you choose to sign the enclosed contract, we will schedule it for City Commission approval (two readings at consecutive meetings). The fee must accompany the contract when it goes before the commission. Upon their approval, we will send you a signed copy for your records. Please call us if you have any questions. * Subject to change each year. Tom Wright, Deputy Fire Chief