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80-1517. Same; contracts for fire protection; conditions; privileges, immunities and exemptions. The governing body of the fire district may enter into contracts with cities, and other fire districts or townships whether within or without the county or state for cooperation between the fire departments of the respective cities, districts and townships and may include in such contracts provisions by which the fire department of such cities, townships or other districts will furnish fire protection to a part of the fire district in question in consideration of cash payments or reciprocal services and the governing body of the fire district may also include in such contracts provisions to provide, furnish, and pay for a bond, in such amount as shall be agreed upon, to indemnify any such other city, fire district or township against any loss which it may sustain as the result of damage to property or injury to persons arising out of the furnishing of fire protection services to such fire districts: Provided, That the township or district shall not be liable in any way for the failure of the district fire department to attend a fire or to put out a fire or for any other reason, but the district fire department, subject to the conditions of this act, shall make a reasonable effort (road and weather conditions permitting) to attend outside fires: Provided, The supervision and control of the district fire department shall always be with the governing body of the fire district: And provided further, That the fire chief or person in charge of the district fire department shall have the right in every case where a contract exists for reciprocal service, to determine whether or not the district can spare all or any portion of its fire equipment and firemen at that particular time.

The township and district and the officers and firemen of the district fire department and any city, other fire districts or townships which have agreed to furnish fire protection to all or any part of said fire district and the officers and firemen of such other cities, townships and fire districts shall have all the privileges, immunities and exemptions conferred upon cities and townships and their fire departments by K.S.A. 12-111.

History: L. 1947, ch. 482, § 6; L. 1953, ch. 466, § 5; July 1.

Attorney General's Opinions:

Home rule powers; use of county road personnel and equipment to fight fires. 95-37.


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