Kane County asks counsel to draft alternative fire-response waiver to avoid $150,000 penalty with Kanab City

County attorney Jeff Sott told the commission on April 22 that the contract with Kanab City includes a provision that could trigger a $150,000 payment if the county gives notice of termination by the end of the month. Commissioners discussed terminating the contract, negotiating replacements, or drafting a waiver of liability and permission for fire departments to respond to unincorporated areas without the fee attachment.

Commissioner Patty Cabea and others said their intent is to stand up special-service districts or other solutions in unincorporated areas to avoid subsidizing a city response at county expense. The chair proposed asking the county attorney to prepare a draft replacement agreement that could be a simple waiver of liability for unincorporated areas or include a pay-per-use structure, so the county can negotiate with Kanab City and other providers.

Kanab City officials said any alternative would need one-sided indemnification in favor of the city for it to consider responding outside its jurisdiction without insurance risk; they also warned state law generally requires agreements to run for at least one year, which complicates short-term replacements.

The commission asked counsel to draft template language suitable as an offer to Kanab City and as a template for other providers, and to check legal issues around minimum term requirements under state code.

What’s next: County counsel will prepare draft language and return it to the commission for review and outreach to affected city and district partners.