Fire District Establishment

ESTABLISHMENT OF FIRE DISTRICT NUMBER FIVE,

LYON COUNTY, KANSAS

WHEREAS, the Board of County Commissioners of Lyon County, Kansas, has power under and by virtue of K.S.A. 19-3601, et seq., as amended, to organize and cause to be organized one or more fire districts in Lyon County, State of Kansas, and

WHEREAS, the Board has made due and regular inquiry in and among many and various constituents concerning their desire and the advisability of establishing and organizing fire districts for the protection of lives and property from the hazards of fire in and about the said county, and

WHEREAS, this Board believes that it will greatly further the public welfare and that is advisable and in the public interest that one or more additional fire districts be organized in and within Lyon County, Kansas, for the protection  of lives and property from the hazards of fire, and

WHEREAS, the Board published and caused to be published notice that a hearing on the advisability of the organization of said district be held in the Commissioner’s chambers in the County Courthouse at Emporia, Kansas on March 11, 1982, at 10:30 a.m., and included in said notice so published was full and complete map indicating the proposed fire district to encompass the following described real estate in Lyon County, State of Kansas, and

WHEREAS, this Board finds that it is advisable to establish and organize this fire district for the protection of lives and property form the hazards of fire and that it is in the public interest and necessary that said fire district be organized.

NOW, THEREFORE, BE IT RESOLVE by the Board of County Commissioners of Lyon County, Kansas, that Fire District Number Five (5), County of Lyon, Kansas, be and is now and hereby established and organized

That the Fire District so established by this resolution of the Board shall encompass, contain and consist of all the following real estate in Lyon County, Kansas,

(Legal description)

That this Board of County Commissioners hereby rescinds all and any other prior resolutions forming or attempting to form any Fire District designated as Fire District Number 5, Lyon County, Kansas.

That this Board of County Commissioners, pursuant to law, further directs that a copy of this Resolution be published in the official county newspaper of the County one time; that this Resolution when published, shall serve as notice of the establishment of said fire district.

This Resolution is ordered entered at length upon the records of this Board and is adopted at a regular meeting this 22nd day of April, 1982.

 

BOARD OF COUNTY COMMISSIONERS
LYON COUNTY, KANSAS

 

ATTEST:

Lyon County Clerk

 

RESOLUTION

WHEREAS, The Board of County Commissioners of Miami County, Kansas, have created a Fire District NO. 1, County of Miami, Kansas and,

WHEREAS, The Board has determined that it is in the best interest of the county to place the supervision of said fire district under a fire district board of trustees,

BE IT RESOLVED, that there is herby created a board of trustees for Fire District No. 1, County of Miami, Kansas, in accordance with K.S.A. 19-3612a.

BE IT FURTHER RESOLVED that the official name of the board of trustees shall be:  FIRE DISTRICT NO. 1, COUNTY OF MIAMI, KANSAS, BOARD OF TRUSTEES.

BE IT FURTHER RESOLVED that the board of trustees will consist of seven members who shall serve at the pleasure of the Board of County Commissioners for Miami County, Kansas.

BE IT FURTHER RESOLVED, that the board of trustees is vested with all of the powers that are vested in the Board of County Commissioners by statute in regards to fire districts and their management.

BE IT FURTHER RESOLVED that the board of trustee’s duties will commence as soon as the board is totally chosen.

 

CONSTITUTION AND BY-LAWS FOR MIAMI COUNTY RURAL FIRE DISTRICT NO. 1

 

ARTICLE I

Section 1.  The name of this organization shall be Miami County Rural Fire District Number 1.

Section 2.   The principle location for regular and business meetings shall be in the Miami County Courthouse, Paola, Kansas.

 

ARTICLE II

(Purpose and Objectives)

Section 1.   The purpose and objectives of the Miami County Rural Fire District No. 1 are as follows;

  1. To prevent and suppress wildfires in all areas of the county.
  2. To cooperate with all firefighting agencies in Miami county and surrounding counties.
  3. To educate the public in fire safety, fire prevention, and fire reporting.
  4. To affect a continuing training program that will assure all firemen are trained and capable of meeting emergencies.
  5. To acquire and equip firefighting equipment for the purpose of fighting, controlling, and putting out fires that are out of control in the District.
  6. To hold such real and personal property as may come into its possession by will, gift, purchase, or otherwise, as authorized by law, and to acquire and dispose of such real and personal property, as may be necessary and convenient for the proper conduct and operation of the business of the District.
  7. To enter into contracts and agreements for the purpose of accomplishing the purpose of the District with any person or governmental agency.
  8. To perform any and all lawful acts necessary or desirable for the accomplishment of the purpose of the District under the laws of the State of Kansas.

 

ARTICLE III

(Membership)

Section 1.         Any property owner directly or indirectly interested in public safety, fire protection or prevention may participate in a regular meeting.

Section 2.         There will be seven divisions of the Miami County Rural Fire District No. 1 and will be organized to include the following areas, and henceforth will be known as fire divisions. (Map attached showing boundaries of divisions.)

Section 3.         Each fire Division will have a Fire chief and sufficient number of firemen for its Division.

Section 4.         The Miami County Rural Fire District No. 1 Board of Trustees will be composed of seven members appointed by the County Commissioners.

  1. There shall be a president, vice-president, deputy secretary to be selected by the Board of Trustees at their first meeting on the second Monday in January.
  2. The Board of Trustees will meet monthly and shall have such further meetings as called by the president. A majority of all members shall constitute a quorum.
  3. The trustees and officers shall be paid ten dollars per meeting plus $ 0.13 per mile.
  4. With authority passed to the Fire Board of Trustees from county commissioners by resolution, the Miami Count Board of trustees shall have general control and supervision of the Miami County Rural Fire District No. 1, and shall receive, hold, manage, and control any and all property of the Miami County Fire District No. 1 as trustees of the same.

 

ARTICLE IV

(Officers)

Section 1.         It shall be the duty of the President to preside over all meetings and to call special meetings as the need arises,

Section 2.         It shall be the duty of the Vice-president to assist the President and preside in his absence.

Section 3.         It shall be the duty of the Deputy Secretary to maintain a complete record of all meetings and activities of the Miami County Rural Fire District No. 1 and render a complete report of these records at each meeting to the Board of Trustees.

Section 4.         It shall be the duty of the Deputy Secretary to maintain a complete record of the financial transactions of the Miami County Rural Fire District No. 1 and render a complete report of the financial condition at each meeting to the Board of Trustees and at the annual meeting of the Miami County Rural Fire District No. 1.

  1. It shall be the duty of each City or Division to fulfill the same obligations of Treasure to the Fire Board.

 

ARTICLE V

(Annual Meeting)

Section 1.         The Annual Meeting of the Miami County Rural Fire District No. 1 shall be held in December, but must be held at least three weeks in advance of the second Monday in January.

 

ARTICLE VI

(Amendments)

Section 1.         This Constitution and By-Laws may be amended at any annual meeting of the Miami County Rural Fire District No. 1. Amendments shall be submitted in writing and may be adopted by a two-thirds majority of those present, providing that the proposed change was discussed at the previous regular meeting.

 

ARTICLE VII

(Basis of Operation)

Section 1.         The District shall at all times be operated on a non-profit basis for the mutual benefit of its participating members.

 

ARTICLE VIII

(Copies)

Section 1.         After adoption, this Constitution and By-laws shall be prepared in copy form, and a copy thereof shall be delivered to each governmental agency as required by law.

 

AFFIDAVIT

 

State of Kansas
County of Miami

 

Melvin Folks—President, Wayne Marquis—Vice-President, Betty Town—Secretary, being duly appointed and that he is a trustee of the Miami County Rural Fire District No. 1, that the foregoing Constitution and By-Laws were adopted at a meeting of the participating members of said District, duly held on the 13th day of September, 1976. That there were seven members present in person and that the vote for the adoption of the Miami County Rural Fire District No. 1 Constitution and By-Laws was unanimous.

Subscribed and sworn to before me on this 13th day of September, 1976

Darcy L. Wheeler, Notary Public

(SEAL)