JOHNSON COUNTY PUBLIC NOTICES PAGE THE LEGAL RECORD • NOVEMBER 11, 2014

THE LEGAL RECORD • NOVEMBER 11, 2014
PAGE JOHNSON COUNTY PUBLIC NOTICES
REQUEST FOR BID
First published in The Legal Record, Tuesday, November 11, 2014.
CITY OF OVERLAND PARK
Request for Bid
Cisco ASA 5500-X Next Generation Firewalls
NOTICE TO BIDDERS
First published in The Legal Record, Tuesday, November 11, 2014.
CITY OF OVERLAND PARK, KANSAS
The City of Overland Park, Kansas (subsequently referred to as the City) is requesting bids for Cisco ASA 5500-X
Next Generation Firewalls.
Sealed bids for 103 & Connell Flood Control Project – Indian Creek Tributary 5 (SD-1281), Johnson County
SMP No. IC-10-055 will be received by the City of Overland Park, Kansas, at the office of the City Clerk, City Hall,
8500 Santa Fe Drive, Overland Park, Kansas 66212 until 2:00 p.m. local time on December 9, 2014. At that time
all sealed bids will be transferred to the City Council Chamber, City Hall, where they will be publicly opened and
read aloud. Any bid received after the designated closing time will be returned unopened.
Specifications for this bid may be obtained from the City of Overland Park website at http://www.opkansas.org/
doing-business/bids-and-proposals/http://www.opkansas.org/doing-business/bids-and-proposals/
http://www.opkansas.org/doing-business/bids-and-proposals/
http://www.opkansas.org/doing-business/bids-and-proposals/
Respondents must submit their response not later than:
2:00 p.m. Central Time on Tuesday, December 2nd, 2014.
Bids may be delivered in person or mailed to the City Clerk. However, any response which is mailed but does
not reach the City Clerk by the deadline time set forth above will not be accepted.
City Clerk
[email protected]
Overland Park City Hall
8500 Santa Fe Drive
Overland Park, Kansas 66212
NOTICE TO BIDDERS
rd
All bids shall be submitted in sealed envelopes addressed to the City Clerk of Overland Park, Kansas, and marked
“BID FOR: 103rd & Connell Flood Control Project – Indian Creek Tributary 5.” Copies of plans, specifications,
bid documents and other contract documents are on file at the office of HNTB Corporation located at 7400 W.
129th Street, Suite 100, Overland Park, Kansas 66213. Contractors desiring the contract documents for use in
preparing bids may obtain a set of such documents from HNTB upon payment of the following amounts which
are not refundable.
The City reserves the right to accept or reject any and all responses and to waive any technicalities or irregularities
therein. No respondent may withdraw his or her proposal for a period of thirty (30) days from the deadline date
specified above.
11/11
Half-Size Plan Drawings (11” x 17”) and Contract Documents:
Full-Size Plan Drawings (22” x 34”) and Contract Documents:
$45.00
$170.00
Neither the City nor consultant shall be responsible for the accuracy, completeness, or sufficiency of any bid documents obtained from any source other than the source indicated above. Obtaining copies of plans, specifications,
bid documents and other contract documents from any other source(s) may result in obtaining incomplete and
inaccurate information. Obtaining these documents from any source other than directly from the source listed
herein may also result in failure to receive any addenda, corrections, or other revisions to these documents that
may be issued.
Contractors should read and be fully familiar with all contract documents before submitting a bid. In submitting
a bid, the bidder warrants that it has read the contract documents and is fully familiar therewith and that it has
visited the site of the work to fully inform itself as to all existing conditions and limitations and shall include in its
bid a sum to cover the cost of all items of the work.
Should a bidder find “defects” as defined in paragraph GC‑3 of the General Conditions, it shall follow the procedures outlined in paragraph GC‑3 to bring same to the attention of City. Changes necessitated thereby shall be
in the form of addenda issued by the consultant.
E-MAIL US AT
All bidders shall verify that they have considered all written addenda. Neither the City nor the consultant shall
be responsible for oral instructions.
[email protected]
Any written addenda issued during the time of bidding shall be covered and included in the bid. There will be no
clarifications or exceptions allowed on the bid. Bids are for a total bid package, total contract price.
SEND US YOUR NEWS, LEGAL NOTICE & GENERAL INFORMATION
Bids shall be made upon the form provided in ink or typewritten. Numbers shall be stated both in writing and in
figures; the signature shall be long hand; and the complete form shall be without alteration or erasure. On alternate
items for which a bid is not submitted, a written indication of “no bid” on the bid form is required.
No oral, telegraphic, facsimile or telephonic bids or alterations will be considered.
VEHICLE AUCTION
First published in The Legal Record, Tuesday, November 4, 2014.
VEHICLE AUCTION
KIDDS TOWING AND RECOVERY
4839 MERRIAM DR OVERLAND PARK, KS 66203
AUCTION 11-25-14 AT 10:30AM
LIVE AUCTION OPEN TO THE PUBLIC
PURSUANT TO K.S.A. 8-1102 AND K.S.A. 58-211 THE FOLLOWING VEHICLES WILL BE SOLD AT PUBLIC
AUCTION ON TUESDAY NOVEMBER 25, 2014 AT 10:30 AM UNLESS CLAIMED BY THE OWNER AND ALL
TOW AND STORAGE CHARGES ARE PAID IN FULL.
ALL SALES FINAL NO REFUNDS. ALL SALES ARE “AS IS”.
1999
1983
2000 2000
1995
1995
1999
2008
2000
1986 1999
2002
1997
2002
1995
1997
2002
1999
2004
1997
1999
1992
2001
1997
2000
1998
2000
1998
1998
11/4 11/11
BUICK
BUICK CADILLAC
CADILLAC
CHEVROLET
CHEVROLET
CHEVROLET
CHEVROLET
CHEVROLET
CHRYSLER DODGE
DODGE
FORD FORD
FORD
FORD
FORD
FORD
FORD
HONDA
HONDA
HONDA
ISUZU MAZDA
MERCURY
PONTIAC
PONTIAC
TOYOTA
VOLVO REGAL SKYLARK
ESCALADE
ESCALADE
BLAZER
C2500 CAVALIER
COBALT
SILVERADO
LEBARON
DURANGO
NEON
ECONOLINE ESCAPE
EXPLORER
EXPLORER
EXPLORER TAURUS
TAURUS
ACCORD
ACCORD
CIVIC RODEO
MX-5 SABLE
GRAND PRIX
GRAND PRIX
4 RUNNER S70
2G4WF5219X1562839
1G4AC69X0DW427692
1GYEK63R0YR207891
1GYEK63R0YR185326
1GNCT18W9SK245803
1GCGC24N8SE190045
3G1JF12T6XS818263
1G1AL18F387103855
2GCEC19W3Y1387153
1C3BH58E2GN166066
1B4HS28Y3XF606156
1B3ES26C92D506968
1FDEE1463VHB72703
1FMYU04162KD99462
1FMDU34X6SZB21494
1FMCU24X6VUD44478
1FMDU75WX2ZB57234
1FAFP53U9XA245844
1FAFP55S14G158928
1HGCD7266VA001314
1HGCG2255XA009375
JHMEG8646NS023755
4S2CK58D214323976
JM1NA3534V0726703
1MEFM55S2YA616647
1G2WP52K8WF222460
2GCEC19W3Y1387153
JT3HN86R4W0156855
YV1LS5578W2509142
VEHICLE AUCTION
First published in The Legal Record, Tuesday, November 4, 2014.
Allied Towing & Blue Valley Towing Service have impounded vehicles for local police departments and property
owners and they will be sold at public (silent bid) auction on NOV 12, 2014 for cash unless positive proof of
ownership can be presented, all fees must be paid (tow & storage)at the time of pick up. Bids will be accepted at 15485 South HWY 169 Olathe Ks 66062 Gates open at 8:00 am. To view cars
Bidding starts at 10:00 am. All bids must be received by 2:00 pm.
We will notify the winning Bidder the following business day.
Paperwork $85.00 Keys $40.00
1. 1993 TOYO COROLLA 2T1AE09E4PC020031
2. 1999 VOLV V70 YV1LW55AXX2610927
3. 1999 OLDS ALERO 1G3NL52T3XC336297
4. 2003 CHEV MONTE CARLO 2G1WW12E239422393
5. 2007 PONT G6 1G2ZG58N774231114
6. 2005 VW BETTLE 3VWBM31Y65M368770
7. 1997
HONDA CIVIC 1HGEJ6225VL094551 Maribel Hernandez-Gregorio
3045 Lafayette Ave. Kansas City, KS 66104-4231
8. 1995 SATURN S SERIES
1G8ZH1275SZ336218 Ashlee Samantha Huber 7819
England Drive Overland Park KS 66204-2415
11/4 11/11
The following items must be included in the sealed envelope with the bid:
a.
Bid
b.
5% Bid Security‑‑Bid Bond, Cashier’s Check or Certified Check (See below.)
Each bidder shall file with its bid a bid bond, a cashier’s check or a certified check drawn on any acceptable bank,
made payable to the City of Overland Park, Kansas, in an amount of not less than five percent (5%) of the total bid,
which shall be retained by the City of Overland Park until a contract for the project has been executed. Bid bonds
will be returned to the unsuccessful bidders, with the exception of the second qualifying bidder, at such time as
their bids are rejected. The bid deposit of the successful bidder and the second qualifying bidder will be returned
when satisfactory bonds in an amount equal to 100% of the contract amount, required insurance certificates and
other required documents shall have been furnished and the contract documents have been executed.
In the event the successful bidder is unable to execute the contract, for whatever reason, City may exercise its
legal prerogatives, including, but not limited to, enforcement of its rights as to the bid security.
The City reserves the right to accept or reject any and all bids and to waive any technicalities or irregularities therein.
Bids may be modified or withdrawn by written request of the bidder received in the office of the City Clerk, prior
to the time and date for bid opening; provided, however, that no bidder may withdraw its bid for a period of thirty
(30) days from the date set for the opening thereof. ALL BIDDERS AGREE THAT REJECTION SHALL CREATE NO
LIABILITY ON THE PART OF THE CITY BECAUSE OF SUCH REJECTION. IT IS UNDERSTOOD BY ALL BIDDERS
THAT AN UNSUCCESSFUL BIDDER HAS NO CAUSE OF ACTION AGAINST THE CITY FOR BID PREPARATION
COSTS. THE FILING OF ANY BID IN RESPONSE TO THIS INVITATION SHALL CONSTITUTE AN AGREEMENT
OF THE BIDDER TO THESE CONDITIONS.
A Pre-Bid Conference will be held at:
11/11
Conference Room 1 (first floor)
Overland Park City Hall
8500 Santa Fe Drive
Overland Park, KS 66212
Date: Time: Monday, December 1, 2014
1:30 pm
Publish: Legal Record
Tuesday, November 11, 2014
PAGE THE LEGAL RECORD • NOVEMBER 11, 2014
JOHNSON COUNTY PUBLIC NOTICES
upon and under the Public right-of-way. Such Facilities shall be so constructed and maintained as
not to obstruct or hinder the usual travel or public safety on such public ways or obstruct the legal
use by other utilities.
ORDINANCE NO. 2697
First published in The Legal Record, Tuesday, November 11, 2014.
ORDINANCE NO. 2697
ORDINANCE GRANTING TO SUREWEST KANSAS, INC., A CONTRACT FRANCHISE TO CONSTRUCT,
OPERATE AND MAINTAIN A TELECOMMUNICATIONS SYSTEM IN THE CITY OF LEAWOOD, KANSAS
AND PRESCRIBING THE TERMS OF SAID CONTRACT FRANCHISE, AND REPEALING ORDINANCE NO.
2470.
NOW THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LEAWOOD:.................
b.
Grantee’s use of the Public right-of-way shall always be subject and subordinate to the reasonable
public health, safety and welfare requirements and regulations of the City. The City may exercise its
home rule powers in its administration and regulation related to the management of the Public rightof-way; provided that any such exercise must be competitively neutral and may not be unreasonable
or discriminatory. Grantee shall be subject to all applicable laws and statutes, and/or rules, regulations,
policies, resolutions and ordinances adopted by the City, relating to the construction and use of the
Public right-of-way, including, but not limited to, the City’s Ordinance for Managing the Use and Occupancy of Public Right-of-way, adopted as Ordinance No.1834C, and amendments thereto.
c.
Grantee shall participate in the Kansas One Call utility location program.
SECTION 1. DEFINITIONS.
For the purposes of this Ordinance the following words and phrases shall have the meaning given herein. When
not inconsistent within the context, words used in the present tense include the future tense and words in the
single number include the plural number. The word “shall” is always mandatory, and not merely directory.
SECTION 4. COMPENSATION TO THE CITY.
In consideration of this Contract franchise, Grantee agrees to remit to the City a franchise fee of 5% of Gross
Receipts. To determine the franchise fee, Grantee shall calculate the Gross Receipts and multiply such receipts
by 5%. Thereafter, subject to subsection (b) hereafter, compensation for each calendar year of the remaining term
of this Contract franchise shall continue to be based on a sum equal to 5% of Gross Receipts, unless the City
notifies Grantee prior to ninety days (90) before the end of the calendar year that it intends to switch to an Access
line fee in the following calendar year; provided, such Access line fee shall not exceed the maximum Access line
fee allowed by Statute. In the event the City elects to change its basis of compensation, nothing herein precludes
the City from switching its basis of compensation back; provided the City notifies Grantee prior to ninety days
(90) before the end of the calendar year.
a.
“Access line” - shall mean and be limited to retail billed and collected residential lines; business lines;
ISDN lines; PBX trunks and simulated exchange access lines provided by a central office based switching
arrangement where all stations served by such simulated exchange access lines are used by a single
customer of the provider of such arrangement. Access line may not be construed to include interoffice
transport or other transmission media that do not terminate at an end user customer’s premises, or to
permit duplicate or multiple assessment of access line rates on the provision of a single service or on
the multiple communications paths derived from a billed and collected access line. Access line shall
not include the following: Wireless telecommunications services, the sale or lease of unbundled loop
facilities, special access services, lines providing only data services without voice services processed
by a telecommunications local exchange service provider or private line service arrangements.
b.
“Access line count” - means the number of access lines serving consumers within the corporate
boundaries of the City on the last day of each month.
c.
“Access line fee” - means a fee determined by the City, up to a maximum as set out in K.S.A. 122001(c)(2), and amendments thereto, to be used by Grantee in calculating the amount of Access line
remittance.
d.
“Access line remittance” - means the amount to be paid by Grantee to City, the total of which is calculated by multiplying the Access line fee, as determined in the City, by the number of Access lines
served by Grantee within the City for each month in that calendar quarter.
e.
“City” - means the City of Leawood.
f.
“Contract franchise” - means this Ordinance granting the right, privilege and franchise to Grantee to
provide telecommunications services within the City.
g.
“Facilities” - means telephone and telecommunication lines, conduits, manholes, ducts, wires, cables,
pipes, poles, towers, vaults, appliances, optic fiber, and all equipment used to provide telecommunication services.
e.
h.
“Grantee” – means SureWest Kansas, Inc., a telecommunications local exchange service provider
providing local exchange service within the City. References to Grantee shall also include as appropriate any and all successors and assigns.
f.
i.
“Gross Receipts” - shall mean only those receipts collected from within the corporate boundaries of
the City enacting the contract franchise and which are derived from the following: (1) Recurring local
exchange service for business and residence which includes basic exchange service, touch tone,
optional calling features and measured local calls; (2) Recurring local exchange access line services
for pay phone lines provided by Grantee to all pay phone service providers; (3) Local directory assistance revenue; (4) Line status verification/ busy interrupt revenue; (5) Local operator assistance
revenue; (6) Nonrecurring local exchange service revenue which shall include customer service for
installation of lines, reconnection of service and charge for duplicate bills; and (7) Revenue received
by Grantee from resellers or others which use Grantee’s Facilities. All other revenues, including, but
not limited to, revenues from extended area service, the sale or lease of unbundled network elements,
nonregulated services, carrier and end user access, long distance, wireless telecommunications services, lines providing only data service without voice services processed by a telecommunications
local exchange service provider, private line service arrangements, internet, broadband and all other
services not wholly local in nature are excluded from gross receipts. Gross receipts shall be reduced
by bad debt expenses. Uncollectible and late charges shall not be included within gross receipts. If
Grantee offers additional services of a wholly local nature which if in existence on or before July 1,
2002 would have been included with the definition of Gross Receipts, such services shall be included
from the date of the offering of such services within the City.
g.
j.
“Local exchange service” - means local switched telecommunications service within any local exchange
service area approved by the state Corporation Commission, regardless of the medium by which the
local telecommunications service is provided. The term local exchange service shall not include wireless communication services.
k.
“Public right-of-way” - means only the area of real property in which the City has a dedicated or acquired right-of-way interest in the real property. It shall include the area on, below or above the present
and future streets, alleys, avenues, roads, highways, parkways or boulevards dedicated or acquired
as right-of-way. The term does not include the airwaves above a right-of-way with regard to wireless
telecommunications or other non-wire telecommunications or broadcast service, easements obtained
by utilities or private easements in platted subdivisions or tracts.
l.
“Telecommunication services” - means providing the means of transmission, between or among points
specified by the user, of information of the user’s choosing, without change in the form or content of
the information as sent and received.
SECTION 2. GRANT OF CONTRACT FRANCHISE.
a.
There is hereby granted to Grantee this nonexclusive Contract franchise to construct, maintain, extend and operate its Facilities along, across, upon or under any Public right-of-way for the purpose of
supplying Telecommunication services to the consumers or recipients of such service located within
the corporate boundaries of the City, for the term of this Contract franchise, subject to the terms and
conditions of this Contract franchise.
b.
The grant of this Contract franchise by the City shall not convey title, equitable or legal, in the Public
right-of-way, and shall give only the right to occupy the Public right-of-way, for the purposes and for
the period stated in this Contract franchise. This Contract franchise does not:
(1)
(2)
(3)
c.
d.
e.
Grant the right to use Facilities or any other property, telecommunications related or otherwise, owned or controlled by the City or a third-party, without the consent of such party;
Grant the authority to construct, maintain or operate any Facility or related appurtenance
on property owned by the City outside of the Public right-of-way, specifically including,
but not limited to, parkland property, City Hall property or public works facility property;
or
Excuse Grantee from obtaining appropriate access or attachment agreements before
locating its Facilities on the Facilities owned or controlled by the City or a third-party.
As a condition of this grant, Grantee is required to obtain and is responsible for any necessary permit,
license, certification, grant, registration or any other authorization required by any appropriate governmental entity, including, but not limited to, the City, the FCC or the Kansas Corporation Commission
(KCC). Grantee shall also comply with all applicable laws, statutes and/or city regulations (including,
but not limited to those relating to the construction and use of the Public right-of-way or other public
property).
Grantee shall not provide any additional services for which a franchise is required by the City without
first obtaining a separate franchise from the City or amending this Contract franchise, and Grantee
shall not knowingly allow the use of its Facilities by any third party in violation of any federal, state or
local law. In particular, this Contract franchise does not provide Grantee the right to provide cable
service as a cable operator (as defined by 47 U.S.C. § 522 (5)) within the City. Grantee agrees that
this franchise does not permit it to operate an open video system without payment of fees permitted
by 47 U.S.C. § 573(c)(2)(B) and without complying with FCC regulations promulgated pursuant to 47
U.S.C. § 573.
This authority to occupy the Public right-of-way shall be granted in a competitively neutral and nondiscriminatory basis and not in conflict with state or federal law.
SECTION 3. USE OF PUBLIC RIGHT-OF-WAY.
a.
Pursuant to K.S.A. 17-1902, and amendments thereto, and subject to the provisions of this Contract
franchise, Grantee shall have the right to construct, maintain and operate it Facilities along, across,
a.
b.
c.
d.
h.
Beginning January 1, 2004, and every 36 months thereafter, the City, subject to the public notification
procedures set forth in K.S.A. 12-2001 (m), and amendments thereto, may elect to adopt an increased
Access line fee or gross receipts fee subject to the provisions and maximum fee limitations contained in
K.S.A. 12-2001, and amendments thereto, or may choose to decline all or any portion of any increase
in the Access line fee.
Grantee shall pay on a quarterly basis without requirement for invoice or reminder from the City, and
within 45 days of the last day of the quarter for which the payment applies franchise fees due and
payable to the City. If any franchise fee, or any portion thereof, is not postmarked or delivered on or
before the due date, interest thereon shall accrue from the due date until received, at the applicable
statutory interest rate.
Upon forty-five (45) days prior written request by the City, but no more than once per quarter, Grantee
shall submit to the City a certified statement showing the manner in which the franchise fee was
calculated.
No acceptance by the City of any franchise fee shall be construed as an accord that the amount paid
is in fact the correct amount, nor shall acceptance of any franchise fee payment be construed as a
release of any claim of the City. Any dispute concerning the amount due under this Section shall be
resolved in the manner set forth in K.S.A. 12-2001, and amendments thereto.
The City shall have the right to examine, upon written notice to Grantee no more often than once
per calendar year, those records necessary to verify the correctness of the franchise fees paid by
Grantee.
Unless previously paid, within sixty (60) days of the effective date of this Ordinance, Grantee shall pay
to the City a one-time application fee of One Thousand Dollars ($1000.00). The parties agree that such
fee reimburses the City for its reasonable, actual and verifiable costs of reviewing and approving this
Ordinance.
The franchise fee required herein shall be in addition to, not in lieu of, all taxes, charges, assessments,
licenses, fees and impositions otherwise applicable that are or may be imposed by the City. The
franchise fee is compensation pursuant to K.S.A. 12-2001(j) and shall in no way be deemed a tax of
any kind.
Grantee shall remit an access line (franchise) fee or a gross receipts (franchise) fee to the City on those
access lines that have been resold to another telecommunications local exchange service provider,
but in such case the City shall not collect a franchise fee from the reseller service provider and shall
not require the reseller service provider to enter a franchise ordinance.
SECTION 5. INDEMNITY AND HOLD HARMLESS.
It shall be the responsibility of Grantee to take adequate measures to protect and defend its Facilities in the Public
right-of-way from harm or damage. If Grantee fails to accurately or timely locate Facilities when requested, in
accordance with the Kansas Underground Utility Damage Prevention Act, K.S.A. 66-1801 et seq., it has no claim
for costs or damages against the City and its authorized contractors unless such parties are responsible for the
harm or damage caused by their negligence or intentional conduct. The City and its authorized contractors shall
be responsible to take reasonable precautionary measures including calling for utility locations and observing
marker posts when working near Grantee’s Facilities.
Grantee shall indemnify and hold the City and its officers and employees harmless against any and all claims,
lawsuits, judgments, costs, liens, losses, expenses, fees (including reasonable attorney fees and costs of defense),
proceedings, actions, demands, causes of action, liability and suits of any kind and nature, including personal
or bodily injury (including death), property damage or other harm for which recovery of damages is sought, to
the extent that it is found by a court of competent jurisdiction to be caused by the negligence of Grantee, any
agent, officer, director, representative, employee, affiliate or subcontractor of Grantee, or its respective officers,
agents, employees, directors or representatives, while installing, repairing or maintaining Facilities in the Public
right-of-way.
The indemnity provided by this subsection does not apply to any liability resulting from the negligence of the City,
its officers, employees, contractors or subcontractors. If Grantee and the City are found jointly liable by a court
of competent jurisdiction, liability shall be apportioned comparatively in accordance with the laws of this state
without, however, waiving any governmental immunity available to the City under state law and without waiving
any defenses of the parties under state or federal law. This section is solely for the benefit of the City and Grantee
and does not create or grant any rights, contractual or otherwise, to any other person or entity.
Grantee or City shall promptly advise the other in writing of any known claim or demand against Grantee or the
City related to or arising out of Grantee’s activities in the Public right-of-way.
SECTION 6. INSURANCE REQUIREMENT AND PERFORMANCE BOND
a.
During the term of this Contract franchise, Grantee shall obtain and maintain insurance coverage at
its sole expense, with financially reputable insurers that are licensed to do business in the state of
Kansas. Should Grantee elect to use the services of an affiliated captive insurance company for this
purpose, that company shall possess a certificate of authority from the Kansas Insurance Commissioner. Grantee shall provide not less than the following insurance:
(1)
(2)
b.
c.
d.
Workers’ compensation as provided for under any worker’s compensation or similar law
in the jurisdiction where any work is performed with an employers’ liability limit equal to
the amount required by law.
Commercial general liability, including coverage for contractual liability and products completed operations liability on an occurrence basis and not a claims made basis, with a limit
of not less than Two Million Dollars ($2,000,000) combined single limit per occurrence for
bodily injury, personal injury, and property damage liability. The City shall be included as
an additional insured with respect to liability arising from Grantee’s operations under this
Contract franchise.
As an alternative to the requirements of subsection (a), Grantee may demonstrate to the satisfaction
of the City that it is self-insured and as such Grantee has the ability to provide coverage in an amount
not less than one millions dollars ($1,000,000) per occurrence and two million dollars ($2,000,000) in
aggregate, to protect the City from and against all claims by any person whatsoever for loss or damage from personal injury, bodily injury, death or property damage occasioned by Grantee, or alleged
to so have been caused or occurred.
Grantee shall, as a material condition of this Contract franchise, prior to the commencement of any
work and prior to any renewal thereof, deliver to the City a certificate of insurance or evidence of selfinsurance, satisfactory in form and content to the City, evidencing that the above insurance is in force
and will not be cancelled or materially changed with respect to areas and entities covered without
first giving the City thirty (30) days prior written notice. Grantee shall make available to the City on
request the policy declarations page and a certified copy of the policy in effect, so that limitations and
exclusions can be evaluated for appropriateness of overall coverage.
Grantee shall, as a material condition of this Contract franchise, prior to the commencement of
any work and prior to any renewal thereof, deliver to the City a performance bond in the amount of
$50,000, payable to the City to ensure the appropriate and timely performance in the construction and
maintenance of Facilities located in the Public right-of-way. The required performance bond must be
with good and sufficient sureties, issued by a surety company authorized to transact business in the
State of Kansas, and satisfactory to the City Attorney in form and substance.
CONTINUED ON NEXT PAGE
THE LEGAL RECORD • NOVEMBER 11, 2014
PAGE JOHNSON COUNTY PUBLIC NOTICES
CONTINUED FROM PRECEDING PAGE
SECTION 7. REVOCATION AND TERMINATION.
In case of failure on the part of Grantee to comply with any of the provisions of this Contract franchise, or if Grantee
should do or cause to be done any act or thing prohibited by or in violation of the terms of this Contract franchise,
Grantee shall forfeit all rights, privileges and franchise granted herein, and all such rights, privileges and franchise
hereunder shall cease, terminate and become null and void, and this Contract franchise shall be deemed revoked
or terminated, provided that said revocation or termination, shall not take effect until the City has completed the
following procedures: Before the City proceeds to revoke and terminate this Contract franchise, it shall first serve
a written notice upon Grantee, setting forth in detail the neglect or failure complained of, and Grantee shall have
sixty (60) days thereafter in which to comply with the conditions and requirements of this Contract franchise. If at
the end of such sixty (60) day period the City deems that the conditions have not been complied with, the City shall
take action to revoke and terminate this Contract franchise by an affirmative vote of the City Council present at the
meeting and voting, setting out the grounds upon which this Contract franchise is to be revoked and terminated;
provided, to afford Grantee due process, Grantee shall first be provided reasonable notice of the date, time and
location of the City Council’s consideration, and shall have the right to address the City Council regarding such
matter. Nothing herein shall prevent the City from invoking any other remedy that may otherwise exist at law. Upon
any determination by the City Council to revoke and terminate this Contract franchise, Grantee shall have thirty
(30) days to appeal such decision to the District Court of Johnson County, Kansas. This Contract franchise shall
be deemed revoked and terminated at the end of this thirty (30) day period, unless Grantee has instituted such
an appeal. If Grantee does timely institute such an appeal, such revocation and termination shall remain pending
and subject to the court’s final judgment. Provided, however, that the failure of Grantee to comply with any of the
provisions of this Contract franchise or the doing or causing to be done by Grantee of anything prohibited by or
in violation of the terms of this Contract franchise shall not be a ground for the revocation or termination thereof
when such act or omission on the part of Grantee is due to any cause or delay beyond the control of Grantee or
to bona fide legal proceedings.
SECTION 8. RESERVATION OF RIGHTS.
a.
The City specifically reserves its right and authority as a customer of Grantee and as a public entity
with responsibilities towards its citizens, to participate to the full extent allowed by law in proceedings concerning Grantee’s rates and services to ensure the rendering of efficient Telecommunications
service and any other services at reasonable rates, and the maintenance of Grantee’s property in good
repair.
b.
In granting its consent hereunder, the City does not in any manner waive its regulatory or other rights
and powers under and by virtue of the laws of the State of Kansas as the same may be amended, its
Home Rule powers under the Constitution of the State of Kansas, nor any of its rights and powers
under or by virtue of present or future ordinances of the City.
c.
In granting its consent hereunder, Grantee does not in any manner waive its regulatory or other rights
and powers under and by virtue of the laws of the State of Kansas as the same may be amended, or
under the Constitution of the State of Kansas, nor any of its rights and powers under or by virtue of
present or future ordinances of the City.
d.
In entering into this Contract franchise, neither the City’s nor Grantee’s present or future legal rights,
positions, claims, assertions or arguments before any administrative agency or court of law are in
any way prejudiced or waived. By entering into the Contract franchise, neither the City nor Grantee
waive any rights, but instead expressly reserve any and all rights, remedies, and arguments the City
or Grantee may have at law or equity, without limitation, to argue, assert, and/or take any position as
to the legality or appropriateness of any present or future laws, non-franchise ordinances, (e.g. the
City’s right-of-way ordinance referenced in Section 3b of this Contract franchise) and/or rulings.
SECTION 9. FAILURE TO ENFORCE.
The failure of either the City or the Grantee to insist in any one or more instances upon the strict performance
of any one or more of the terms or provisions of this Contract franchise shall not be construed as a waiver or
relinquishment for the future of any such term or provision, and the same shall continue in full force and effect.
No waiver or relinquishment shall be deemed to have been made by the City or the Grantee unless said waiver
or relinquishment is in writing and signed by both the City and the Grantee.
subject to the provisions of the laws of the state of Kansas, and shall be deemed effective on the date Grantee
files acceptance with the City.
SECTION 15. PAYMENT OF COSTS.
In accordance with statute, Grantee shall be responsible for payment of all costs and expense of publishing this
Contract franchise, and any amendments thereof.
SECTION 16. SEVERABILITY.
If any clause, sentence, or section of this Contract franchise, or any portion thereof, shall be held to be invalid by
a court of competent jurisdiction, such decision shall not affect the validity of the remainder, as a whole or any
part thereof, other than the part declared invalid; provided, however, the City or Grantee may elect to declare the
entire Contract franchise is invalidated if the portion declared invalid is, in the judgment of the City or Grantee,
an essential part of the Contract franchise.
SECTION 17. FORCE MAJEURE.
Each and every provision hereof shall be reasonably subject to acts of God, fires, strikes, riots, floods, war and
other disasters beyond Grantee’s or the City’s control.
SECTION 18. REPEAL.
Grantee’s prior contract franchise ordinance, as adopted by City Ordinance No. 2470 is hereby repealed.
SECTION 19. PUBLICATION
The City Clerk is hereby directed to publish this Ordinance once in the official city newspaper.
PASSED by the Governing Body this 3rd day of November, 2014.
APPROVED by the Mayor this 3rd day of November, 2014.
[SEAL]
/s/ Peggy Dunn
Peggy Dunn, Mayor
ATTEST:
APPROVED AS TO FORM:
/s/ Debra Harper
Debra Harper, CMC, City Clerk
/s/ Patricia Bennett
Patricia Bennett, City Attorney
11/11
NOTICE TO BIDDERS
First published in The Legal Record, Tuesday, November 11, 2014.
CITY OF OVERLAND PARK, KANSAS
NOTICE TO BIDDERS
Sealed bids for INDIAN CREEK PARKWAY AND MISSION ROAD TRAFFIC SIGNAL (TS-1628) will be received
by the City of Overland Park, Kansas, at the office of the City Clerk, City Hall, 8500 Santa Fe Drive, Overland Park,
Kansas 66212 until 2:00 p.m. local time on December 9, 2014. At that time all sealed bids will be transferred to
the City Council Chamber, City Hall, where they will be publicly opened and read aloud. Any bid received after
the designated closing time will be returned unopened.
SECTION 10. TERM AND TERMINATION DATE.
a.
This Contract franchise shall be effective for a term of two (2) years from the effective date of this
Contract franchise. Thereafter, this Contract franchise will renew for two (2) additional one (1) year
terms, unless either party notifies the other party of its intent to terminate the Contract franchise at
least one hundred and eighty (180) days before the termination of the then current term. The additional
term shall be deemed a continuation of this Contract franchise and not as a new franchise or amendment.
b.
Upon written request of either the City or Grantee, this Contract franchise shall be renegotiated at
any time in accordance with the requirements of state law upon any of the following events: changes
in federal, state, or local laws, regulations, or orders that materially affect any rights or obligations of
either the City or Grantee, including but not limited to the scope of the Contract franchise granted to
Grantee or the compensation to be received by the City hereunder.
c.
If any clause, sentence, section, or provision of K.S.A. 12-2001, and amendments thereto, shall be
held to be invalid by a court or administrative agency of competent jurisdiction, provided such order
is not stayed, either the City or Grantee may elect to terminate the entire Contract franchise. In the
event of such invalidity, if Grantee is required by law to enter into a Contract franchise with the City,
the parties agree to act in good faith in promptly negotiating a new Contract franchise.
d.
Amendments under this Section, if any, shall be made by contract franchise ordinance as prescribed
by statute. This Contract franchise shall remain in effect according to its terms, pending completion
of any review or renegotiation provided by this section.
e.
In the event the parties are actively negotiating in good faith a new contract franchise ordinance or an
amendment to this Contract franchise upon the termination date of this Contract franchise, the parties
by written mutual agreement may extend the termination date of this Contract franchise to allow for
further negotiations. Such extension period shall be deemed a continuation of this Contract franchise
and not as a new contract franchise ordinance or amendment.
All bids shall be submitted in sealed envelopes addressed to the City Clerk of Overland Park, Kansas, and marked
“BID FOR: INDIAN CREEK PARKWAY AND MISSION ROAD TRAFFIC SIGNAL (TS-1628).” Copies of plans,
specifications, bid documents and other contract documents are on file at the office of the Department of Public
Works located at 8500 Santa Fe Drive, Overland Park, KS 66212, 913-895-6040. Contractors desiring the contract
documents for use in preparing bids may obtain a set of such documents from the Department of Public Works
upon payment of Thirty and 00/100 Dollars ($30.00), which amount is not refundable.
SECTION 11. POINT OF CONTACT AND NOTICES
Grantee shall at all times maintain with the City a local point of contact who shall be available at all times to act
on behalf of Grantee in the event of an emergency. Grantee shall provide the City with said local contact’s name,
address, telephone number, fax number and e-mail address. Emergency notice by Grantee to the City may be
made by telephone to the City Clerk or the Public Works Director. All other notices between the parties shall be in
writing and shall be made by personal delivery, depositing such notice in the U.S. Mail, Certified Mail, return receipt
requested, or by facsimile. Any notice served by U.S. Mail or Certified Mail, return receipt requested, shall be
deemed delivered five (5) calendar days after the date of such deposit in the U.S. Mail unless otherwise provided.
Any notice given by facsimile is deemed received by the next business day. “Business day” for purposes of this
section shall mean Monday through Friday, City and/or Grantee observed holidays excepted.
Any written addenda issued during the time of bidding shall be covered and included in the bid. There will be no
clarifications or exceptions allowed on the bid. Bids are for a total bid package, total contract price.
The City: The City of Leawood
4800 Town Center Drive
Leawood, Kansas 62111
Attn: City Clerk
(913) 339-9325 fax
Grantee:
Linda Kohler-Lupton
Manager-Regulatory and Legislative
Affairs
P.O. Box 969
Roseville, California 95661
(916) 786-1877 fax
or to replacement addresses that may be later designed in writing.
SECTION 12. TRANSFER AND ASSIGNMENT.
This Contract franchise is granted solely to the Grantee and shall not be transferred or assigned without the prior
written approval of the City; provided that such transfer or assignment may occur without written consent of the
City to any entity controlling, controlled by or under common control with Grantee. The parties acknowledge
that said City consent shall only be with regard to the transfer or assignment of this Contract franchise, and that,
in accordance with Kansas Statute, the City does not have the authority to require City approval of transfers of
ownership or control of the business or assets of Grantee.
SECTION 13. CONFIDENTIALITY.
Information provided to the City under K.S.A. 12-2001 shall be governed by confidentiality procedures in compliance with K.S.A. 45-215 and 66-1220a, et seq., and amendments thereto. Grantee agrees to indemnify and
hold the City harmless from any and all penalties or costs, including attorney’s fees, arising from the actions of
Grantee, or of the City at the written request of Grantee, in seeking to safeguard the confidentiality of information
provided by Grantee to the City under this Contract franchise.
SECTION 14. ACCEPTANCE OF TERMS.
Grantee shall have sixty (60) days after the final passage and approval of this Contract franchise to file with the
City Clerk its acceptance in writing of the provisions, terms and conditions of this Contract franchise, which
acceptance shall be duly acknowledged before some officer authorized by law to administer oaths; and when
so accepted, this Contract franchise and acceptance shall constitute a contract between the City and Grantee
Neither the City nor consultant shall be responsible for the accuracy, completeness, or sufficiency of any bid documents obtained from any source other than the source indicated above. Obtaining copies of plans, specifications,
bid documents and other contract documents from any other source(s) may result in obtaining incomplete and
inaccurate information. Obtaining these documents from any source other than directly from the source listed
herein may also result in failure to receive any addenda, corrections, or other revisions to these documents that
may be issued.
Contractors should read and be fully familiar with all contract documents before submitting a bid. In submitting
a bid, the bidder warrants that it has read the contract documents and is fully familiar therewith and that it has
visited the site of the work to fully inform itself as to all existing conditions and limitations and shall include in its
bid a sum to cover the cost of all items of the work.
Should a bidder find “defects” as defined in paragraph GC‑3 of the General Conditions, it shall follow the procedures outlined in paragraph GC‑3 to bring same to the attention of City. Changes necessitated thereby shall be
in the form of addenda issued by the consultant.
All bidders shall verify that they have considered all written addenda. Neither the City nor the consultant shall
be responsible for oral instructions.
Bids shall be made upon the form provided in ink or typewritten. Numbers shall be stated both in writing and in
figures; the signature shall be long hand; and the complete form shall be without alteration or erasure. On alternate
items for which a bid is not submitted, a written indication of “no bid” on the bid form is required.
No oral, telegraphic, facsimile or telephonic bids or alterations will be considered.
The following items must be included in the sealed envelope with the bid:
a.
Bid
b.
5% Bid Security‑‑Bid Bond, Cashier’s Check or Certified Check (See below.)
Each bidder shall file with its bid a bid bond, a cashier’s check or a certified check drawn on any acceptable bank,
made payable to the City of Overland Park, Kansas, in an amount of not less than five percent (5%) of the total bid,
which shall be retained by the City of Overland Park until a contract for the project has been executed. Bid bonds
will be returned to the unsuccessful bidders, with the exception of the second qualifying bidder, at such time as
their bids are rejected. The bid deposit of the successful bidder and the second qualifying bidder will be returned
when satisfactory bonds in an amount equal to 100% of the contract amount, required insurance certificates and
other required documents shall have been furnished and the contract documents have been executed.
In the event the successful bidder is unable to execute the contract, for whatever reason, City may exercise its
legal prerogatives, including, but not limited to, enforcement of its rights as to the bid security.
The City reserves the right to accept or reject any and all bids and to waive any technicalities or irregularities therein.
Bids may be modified or withdrawn by written request of the bidder received in the office of the City Clerk, prior
to the time and date for bid opening; provided, however, that no bidder may withdraw its bid for a period of thirty
(30) days from the date set for the opening thereof. ALL BIDDERS AGREE THAT REJECTION SHALL CREATE NO
LIABILITY ON THE PART OF THE CITY BECAUSE OF SUCH REJECTION. IT IS UNDERSTOOD BY ALL BIDDERS
THAT AN UNSUCCESSFUL BIDDER HAS NO CAUSE OF ACTION AGAINST THE CITY FOR BID PREPARATION
COSTS. THE FILING OF ANY BID IN RESPONSE TO THIS INVITATION SHALL CONSTITUTE AN AGREEMENT
OF THE BIDDER TO THESE CONDITIONS.
Publish: Legal Record
11/11
Tuesday, November 11, 2014
PAGE THE LEGAL RECORD • NOVEMBER 11, 2014
JOHNSON COUNTY PUBLIC NOTICES
ORDINANCE NO. 2696
First published in The Legal Record, Tuesday, November 11, 2014.
ORDINANCE NO. 2696
ORDINANCE GRANTING TO tw telecom of kansas city llc A CONTRACT FRANCHISE TO CONSTRUCT,
OPERATE AND MAINTAIN A TELECOMMUNICATIONS SYSTEM IN THE CITY OF LEAWOOD, KANSAS.
NOW THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LEAWOOD, KANSAS:
SECTION 1. DEFINITIONS.
For the purposes of this Ordinance the following words and phrases shall have the meaning given herein. When
not inconsistent within the context, words used in the present tense include the future tense and words in the
single number include the plural number. The word “shall” is always mandatory, and not merely directory.
a.
“Access line” - shall mean and be limited to retail billed and collected residential lines; business lines;
ISDN lines; PBX trunks and simulated exchange access lines provided by a central office based switching
arrangement where all stations served by such simulated exchange access lines are used by a single
customer of the provider of such arrangement. Access line may not be construed to include interoffice
transport or other transmission media that do not terminate at an end user customer’s premises, or to
permit duplicate or multiple assessment of access line rates on the provision of a single service or on
the multiple communications paths derived from a billed and collected access line. Access line shall
not include the following: Wireless telecommunications services, the sale or lease of unbundled loop
facilities, special access services, lines providing only data services without voice services processed
by a telecommunications local exchange service provider or private line service arrangements.
b.
“Access line count” - means the number of access lines serving consumers within the corporate
boundaries of the City on the last day of each month.
c.
“Access line fee” - means a fee determined by the City, up to a maximum as set out in K.S.A. 122001(c)(3), and amendments thereto, to be used by Grantee in calculating the amount of Access line
remittance.
d.
“Access line remittance” - means the amount to be paid by Grantee to City, the total of which is calculated by multiplying the Access line fee, as determined in the City, by the number of Access lines
served by Grantee within the City for each month in that calendar quarter.
e.
“City” - means the City of Leawood, Kansas.
f.
“Contract franchise” - means this Ordinance granting the right, privilege and franchise to Grantee to
provide local exchange telecommunications services within the City.
g.
“Facilities” - means telephone and telecommunication lines, conduits, manholes, ducts, wires, cables,
pipes, poles, towers, vaults, appliances, optic fiber, and all equipment used to provide telecommunication services.
h.
“Grantee” - means tw telecom of kansas city llc, a telecommunications local exchange service provider. References to Grantee shall also include as appropriate any and all successors and assigns.
i.
“Gross Receipts” - shall mean only those receipts collected from within the corporate boundaries of
the City enacting the contract franchise and which are derived from the following: (1) Recurring local
exchange service for business and residence which includes basic exchange service, touch tone,
optional calling features and measured local calls; (2) Recurring local exchange access line services
for pay phone lines provided by Grantee to all pay phone service providers; (3) Local directory assistance revenue; (4) Line status verification/ busy interrupt revenue; (5) Local operator assistance
revenue; (6) Nonrecurring local exchange service revenue which shall include customer service for
installation of lines, reconnection of service and charge for duplicate bills; and (7) Revenue received
by Grantee from resellers or others which use Grantee’s Facilities. All other revenues, including, but
not limited to, revenues from extended area service, the sale or lease of unbundled network elements,
nonregulated services, carrier and end user access, long distance, wireless telecommunications services, lines providing only data service without voice services processed by a telecommunications
local exchange service provider, private line service arrangements, internet, broadband and all other
services not wholly local in nature are excluded from gross receipts. Gross receipts shall be reduced
by bad debt expenses. Uncollectible and late charges shall not be included within gross receipts. If
Grantee offers additional services of a wholly local nature which if in existence on or before July 1,
2002 would have been included with the definition of Gross Receipts, such services shall be included
from the date of the offering of such services within the City.
j.
“Local exchange service” - means local switched telecommunications service within any local exchange
service area approved by the state Corporation Commission, regardless of the medium by which the
local telecommunications service is provided. The term local exchange service shall not include wireless communication services.
k.
“Public right-of-way” - means only the area of real property in which the City has a dedicated or acquired right-of-way interest in the real property. It shall include the area on, below or above the present
and future streets, alleys, avenues, roads, highways, parkways or boulevards dedicated or acquired
as right-of-way. The term does not include the airwaves above a right-of-way with regard to wireless
telecommunications or other non-wire telecommunications or broadcast service, easements obtained
by utilities or private easements in platted subdivisions or tracts.
l.
“Telecommunication services” - means providing the means of transmission, between or among points
specified by the user, of information of the user’s choosing, without change in the form or content of
the information as sent and received.
SECTION 2. GRANT OF CONTRACT FRANCHISE.
a.
There is hereby granted to Grantee this nonexclusive Contract franchise to construct, maintain, extend
and operate its Facilities along, across, upon or under any Public right-of-way for the purpose of any
telecommunication service or system, including, but not limited to supplying local exchange services
to the consumers or recipients of such service located within the corporate boundaries of the City, for
the term of this Contract franchise, subject to the terms and conditions of this Contract franchise.
b.
As a condition of this grant, Grantee is required to obtain and is responsible for any necessary permit,
license, certification, grant, registration or any other authorization required by any appropriate governmental entity, including, but not limited to, the City, the FCC or the Kansas Corporation Commission
(KCC). Grantee shall also comply with all applicable laws, statutes and/or city regulations (including,
but not limited to those relating to the construction and use of the Public right-of-way or other public
property).
c.
Grantee shall not provide any additional services for which a franchise is required by the City without
first obtaining a separate franchise from the City or amending this franchise, and Grantee shall not
knowingly allow the use of its Facilities by any third party in violation of any federal, state or local law.
In particular, this franchise does not provide Grantee the right to provide cable service as a cable
operator (as defined by 47 U.S.C. § 522 (5)) within the City. Grantee agrees that this franchise does
not permit it to operate an open video system without payment of fees permitted by 47 U.S.C. §
573(c)(2)(B) and without complying with FCC regulations promulgated pursuant to 47 U.S.C. § 573.
d.
This authority shall be granted in a competitively neutral and nondiscriminatory basis and not in conflict
with state or federal law.
SECTION 3. USE OF PUBLIC RIGHT-OF-WAY.
a.
Pursuant to K.S.A. 17-1902, and amendments thereto, and subject to the provisions of this Ordinance,
Grantee shall have the right to construct, maintain and operate its Facilities along, across, upon and
under the Public right-of-way. Such Facilities shall be so constructed and maintained as not to obstruct
or hinder the usual travel or public safety on such public ways or obstruct the legal use by other utilities.
b.
Grantee’s use of the Public right-of-way shall always be subject and subordinate to the reasonable
public health, safety and welfare requirements and regulations of the City. The City may exercise its
home rule powers in its administration and regulation related to the management of the Public rightof-way; provided that any such exercise must be competitively neutral and may not be unreasonable
or discriminatory. Grantee shall be subject to all applicable laws and statutes, and/or rules, regulations,
policies, resolutions and ordinances adopted by the City, relating to the construction and use of the
Public right-of-way, including, but not limited to, the City’s Ordinance for Managing the Use and Occupancy of Public Right-of-way, adopted as Ordinance No. 1834C, and amendments thereto.
c.
Grantee shall participate in the Kansas One Call utility location program.
d.
The grant of this usage of the Public right-of-way by the City shall not convey title, equitable or legal, in
the Public right-of-way, and shall give only the right to occupy the Public right-of-way, for the purposes
and for the period stated herein. It does not:
(1)
Grant the right to use Facilities or any other property, telecommunications related or otherwise, owned or controlled by the City or a third-party, without the consent of such party;
(2)
Grant the authority to construct, maintain or operate any Facility or related appurtenance
on property owned by the City outside of the Public right-of-way, specifically including,
but not limited to, parkland property, City Hall property or public works facility property;
or
(3)
Excuse Grantee from obtaining appropriate access or attachment agreements before
locating its Facilities on the Facilities owned or controlled by the City or a third-party.
SECTION 4. COMPENSATION TO THE CITY.
a.
In consideration of this Contract franchise, Grantee agrees to remit to the City a franchise fee of 5%
of Gross Receipts. To determine the franchise fee, Grantee shall calculate the Gross Receipts and
multiply such receipts by 5%. Thereafter, subject to subsection (b) hereafter, compensation for each
calendar year of the remaining term of this Contract franchise shall continue to be based on a sum
equal to 5% of Gross Receipts, unless the City notifies Grantee prior to ninety days (90) before the
end of the calendar year that it intends to switch to an Access line fee in the following calendar year;
provided, such Access line fee shall not exceed $2.00 per Access line per month. The access line
fee shall be a maximum of $2.25 per month per access line in 2006, a maximum of $2.50 per access
line in 2009, and a maximum of $2.75 per access in line in 2012 and thereafter. In the event the City
elects to change its basis of compensation, nothing herein precludes the City from switching its basis
of compensation back provided the City notifies Grantee prior to ninety days (90) before the end of
the calendar year.
b.
c.
d.
e.
f.
g.
h.
i.
Beginning January 1, 2004, and every 36 months thereafter, the City, subject to the public notification
procedures set forth in K.S.A. 12-2001 (m), and amendments thereto, may elect to adopt an increased
Access line fee or gross receipts fee subject to the provisions and maximum fee limitations contained in
K.S.A. 12-2001, and amendments thereto, or may choose to decline all or any portion of any increase
in the Access line fee.
Grantee shall pay on a monthly basis without requirement for invoice or reminder from the City, and
within 45 days of the last day of the quarter for which the payment applies franchise fees due and
payable to the City. If any franchise fee, or any portion thereof, is not postmarked or delivered on or
before the due date, interest thereon shall accrue from the due date until received, at the applicable
statutory interest rate.
Upon written request by the City, but no more than once per quarter, Grantee shall submit to the City
either a 9K2 (gross receipts) or 9KN (access lines) statement, or comparable documents, showing the
manner in which the franchise fee was calculated.
No acceptance by the City of any franchise fee shall be construed as an accord that the amount paid
is in fact the correct amount, nor shall acceptance of any franchise fee payment be construed as a
release of any claim of the City. Any dispute concerning the amount due under this Section shall be
resolved in the manner set forth in K.S.A. 12-2001, and amendments thereto.
The City shall have the right to examine, upon written notice to Grantee no more often than once
per calendar year, those records necessary to verify the correctness of the franchise fees paid by
Grantee.
Unless previously paid, within sixty (60) days of the effective date of this Ordinance, Grantee shall pay
to the City a one-time application fee of One Thousand Dollars ($1000.00). The parties agree that such
fee reimburses the City for its reasonable, actual and verifiable costs of reviewing and approving this
Ordinance.
The franchise fee required herein shall be in addition to, not in lieu of, all taxes, charges, assessments,
licenses, fees and impositions otherwise applicable that are or may be imposed by the City. The
franchise fee is compensation pursuant to K.S.A. 12-2001(j) and shall in no way be deemed a tax of
any kind.
Grantee shall remit an access line (franchise) fee or a gross receipts (franchise) fee to the City on those
access lines that have been resold to another telecommunications local exchange service provider,
but in such case the City shall not collect a franchise fee from the reseller service provider and shall
not require the reseller service provider to enter a franchise ordinance.
SECTION 5. INDEMNITY AND HOLD HARMLESS.
It shall be the responsibility of Grantee to take adequate measures to protect and defend its Facilities in the
Public right-of-way from harm or damage. If Grantee fails to accurately or timely locate Facilities when requested,
in accordance with the Kansas Underground Utility Damage Prevention Act, K.S.A. 66-1801 et seq., it has no
claim for costs or damages against the City and its authorized contractors unless such parties are responsible
for the harm or damage by its negligence or intentional conduct. The City and its authorized contractors shall be
responsible to take reasonable precautionary measures including calling for utility locations and observing marker
posts when working near Grantee’s Facilities.
Grantee shall indemnify and hold the City and its officers and employees harmless against any and all claims,
lawsuits, judgments, costs, liens, losses, expenses, fees (including reasonable attorney fees and costs of defense),
proceedings, actions, demands, causes of action, liability and suits of any kind and nature, including personal
or bodily injury (including death), property damage or other harm for which recovery of damages is sought, to
the extent that it is found by a court of competent jurisdiction to be caused by the negligence of Grantee, any
agent, officer, director, representative, employee, affiliate or subcontractor of Grantee, or its respective officers,
agents, employees, directors or representatives, while installing, repairing or maintaining Facilities in the Public
right-of-way.
The indemnity provided by this subsection does not apply to any liability resulting from the negligence of the City,
its officers, employees, contractors or subcontractors. If Grantee and the City are found jointly liable by a court
of competent jurisdiction, liability shall be apportioned comparatively in accordance with the laws of this state
without, however, waiving any governmental immunity available to the City under state law and without waiving
any defenses of the parties under state or federal law. This section is solely for the benefit of the City and Grantee
and does not create or grant any rights, contractual or otherwise, to any other person or entity.
Grantee or City shall promptly advise the other in writing of any known claim or demand against Grantee or the
City related to or arising out of Grantee’s activities in the Public right-of-way.
SECTION 6. INSURANCE REQUIREMENT AND PERFORMANCE BOND
a.
During the term of this Ordinance, Grantee shall obtain and maintain insurance coverage at its sole
expense, with financially reputable insurers that are licensed to do business in the state of Kansas.
Should Grantee elect to use the services of an affiliated captive insurance company for this purpose,
that company shall possess a certificate of authority from the Kansas Insurance Commissioner. Grantee
shall provide not less than the following insurance:
(1)
Workers’ compensation as provided for under any worker’s compensation or similar law
in the jurisdiction where any work is performed with an employers’ liability limit equal to
the amount required by law.
(2)
Commercial general liability, including coverage for contractual liability and products completed operations liability on an occurrence basis and not a claims made basis, with a limit
of not less than Two Million Dollars ($2,000,000) combined single limit per occurrence for
bodily injury, personal injury, and property damage liability. The City shall be included as
an additional insured with respect to liability arising from Grantee’s operations under this
Ordinance.
b.
As an alternative to the requirements of subsection (a), Grantee may demonstrate to the satisfaction
of the City that it is self-insured and as such Grantee has the ability to provide coverage in an amount
not less than one millions dollars ($1,000,000) per occurrence and two million dollars (2,000,000) in
aggregate, to protect the City from and against all claims by any person whatsoever for loss or damage from personal injury, bodily injury, death or property damage occasioned by Grantee, or alleged
to so have been caused or occurred.
c.
Grantee shall, as a material condition of this Ordinance, prior to the commencement of any work and
prior to any renewal thereof, deliver to the City a certificate of insurance or evidence of self-insurance,
satisfactory in form and content to the City, evidencing that the above insurance is in force and will
not be cancelled or materially changed with respect to areas and entities covered without first giving
the City thirty (30) days prior written notice. Grantee shall make available to the City on request the
policy declarations page and a certified copy of the policy in effect, so that limitations and exclusions
can be evaluated for appropriateness of overall coverage.
Grantee shall, as a material condition of this Ordinance, prior to the commencement of any work and
prior to any renewal thereof, deliver to the City a performance bond in the amount of $50,000, payable
to the City to ensure the appropriate and timely performance in the construction and maintenance of
Facilities located in the Public right-of-way. The required performance bond must be with good and
sufficient sureties, issued by a surety company authorized to transact business in the State of Kansas,
and satisfactory to the City Attorney in form and substance.
d.
SECTION 7. REVOCATION AND TERMINATION.
In case of failure on the part of Grantee to comply with any of the provisions of this Ordinance, or if Grantee should
do or cause to be done any act or thing prohibited by or in violation of the terms of this Ordinance, Grantee shall
forfeit all rights, privileges and franchise granted herein, and all such rights, privileges and franchise hereunder shall
cease, terminate and become null and void, and this Ordinance shall be deemed revoked or terminated, provided
that said revocation or termination, shall not take effect until the City has completed the following procedures:
Before the City proceeds to revoke and terminate this Ordinance, it shall first serve a written notice upon Grantee,
setting forth in detail the neglect or failure complained of, and Grantee shall have sixty (60) days thereafter in which
to comply with the conditions and requirements of this Ordinance. If at the end of such sixty (60) day period the
City deems that the conditions have not been complied with, the City shall take action to revoke and terminate
this Ordinance by an affirmative vote of the City Council present at the meeting and voting, setting out the grounds
upon which this Ordinance is to be revoked and terminated; provided, to afford Grantee due process, Grantee
shall first be provided reasonable notice of the date, time and location of the City Council’s consideration, and
Grantee shall have the right to address the City Council regarding such matter. Nothing herein shall prevent the
either party from invoking any other remedy that may otherwise exist at law. Upon any determination by the City
Council to revoke and terminate this Ordinance, Grantee shall have thirty (30) days to appeal such decision to
the District Court of Johnson County, Kansas. This Ordinance shall be deemed revoked and terminated at the
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THE LEGAL RECORD • NOVEMBER 11, 2014
PAGE JOHNSON COUNTY PUBLIC NOTICES
CONTINUED FROM PRECEDING PAGE
end of this thirty (30) day period, unless Grantee has instituted such an appeal. If Grantee does timely institute
such an appeal, such revocation and termination shall remain pending and subject to the court’s final judgment.
Provided, however, that the failure of Grantee to comply with any of the provisions of this Ordinance or the doing
or causing to be done by Grantee of anything prohibited by or in violation of the terms of this Ordinance shall not
be a ground for the revocation or termination thereof when such act or omission on the part of Grantee is due to
any cause or delay beyond the control of Grantee or to bona fide legal proceedings.
SECTION 8. RESERVATION OF RIGHTS.
a.
In granting its consent hereunder, the City does not in any manner waive its regulatory or other rights
and powers under and by virtue of the laws of the State of Kansas as the same may be amended, its
Home Rule powers under the Constitution of the State of Kansas, nor any of its rights and powers
under or by virtue of present or future ordinances of the City.
b.
c.
In granting its consent hereunder, Grantee does not in any manner waive its regulatory or other rights
and powers under and by virtue of the laws of the State of Kansas as the same may be amended, or
under the Constitution of the State of Kansas, or under any relevant federal statutes or rules implementing such statutes, nor any of its rights and powers under or by virtue of present or future ordinances
of the City.
In entering into this Ordinance, neither the City’s nor Grantee’s present or future legal rights, positions, claims, assertions or arguments before any administrative agency or court of law are in any way
prejudiced or waived. By entering into the Ordinance, neither the City nor Grantee waive any rights,
but instead expressly reserve any and all rights, remedies, and arguments the City or Grantee may
have at law or equity, without limitation, to argue, assert, and/or take any position as to the legality or
appropriateness of any present or future laws, non-franchise ordinances (e.g. the City’s right-of-way
ordinance referenced in Section 3b of this Ordinance), and/or rulings.
SECTION 9. FAILURE TO ENFORCE.
The failure of either the City or the Grantee to insist in any one or more instances upon the strict performance of
any one or more of the terms or provisions of this Ordinance shall not be construed as a waiver or relinquishment
for the future of any such term or provision, and the same shall continue in full force and effect. No waiver or
relinquishment shall be deemed to have been made by the City or the Grantee unless said waiver or relinquishment is in writing and signed by both the City and the Grantee.
SECTION 17. FORCE MAJEURE.
Each and every provision hereof shall be reasonably subject to acts of God, fires, strikes, riots, floods, war and
other disasters beyond Grantee’s or the City’s control.
SECTION 18. PUBLICATION
This franchise ordinance shall be published once in the official City newspaper.
PASSED by the Governing Body this 3rd day of November, 2014.
APPROVED by the Mayor this 3rd day of November, 2014.
[SEAL]
/s/ Peggy Dunn
Peggy Dunn, Mayor
ATTEST:
APPROVED AS TO FORM:
/s/ Debra Harper
Debra Harper, CMC, City Clerk
/s/ Patricia Bennett
Patricia Bennett, City Attorney
11/11
ORDINANCE NO. 1581
First published in The Legal Record, Tuesday, November 11, 2014.
SECTION 10. TERM AND TERMINATION DATE.
a.
This Contract franchise shall be effective for a term of two (2) years from the effective date of this
Contract franchise. Thereafter, this Contract Franchise may be renewed for two (2) additional one
(1) year terms, unless either party notifies the other party of its intent to terminate the Ordinance at
least ninety (90) days before termination of the then current term. If the Grantee wishes to renew this
Contract franchise, it will reapply for a performance bond as discussed in Section 6d of this franchise
and shall submit the required bond prior to the renewal date. Any additional term made pursuant to
the renewal shall be deemed a continuation of this Contract franchise and not as a new franchise or
amendment.
b.
Upon written request of either the City or Grantee, this Ordinance shall be renegotiated at any time in
accordance with the requirements of state law upon any of the following events: changes in federal,
state, or local laws, regulations, or orders that materially affect any rights or obligations of either the
City or Grantee, including but not limited to the scope of the Ordinance granted to Grantee or the
compensation to be received by the City hereunder.
c.
If any clause, sentence, section, or provision of K.S.A. 12-2001, and amendments thereto, shall be
held to be invalid by a court or administrative agency of competent jurisdiction, provided such order
is not stayed, either the City or Grantee may elect to terminate the entire Ordinance. In the event of
such invalidity, if Grantee is required by law to enter into an Ordinance with the City, the parties agree
to act in good faith in promptly negotiating a new Ordinance.
d.
Amendments under this Section, if any, shall be made by ordinance as prescribed by statute. This
Ordinance shall remain in effect according to its terms, pending completion of any review or renegotiation provided by this section.
e.
In the event the parties are actively negotiating in good faith a new franchise or an amendment to
this Ordinance upon the termination date of this Ordinance, the parties by written mutual agreement
may extend the termination date of this Ordinance to allow for further negotiations. Such extension
period shall be deemed a continuation of this Ordinance and not as a new franchise ordinance or
amendment.
SECTION 11. POINT OF CONTACT AND NOTICES
Grantee shall at all times maintain with the City a local point of contact who shall be available at all times to act
on behalf of Grantee in the event of an emergency. Grantee shall provide the City with said local contact’s name,
address, telephone number, fax number and e-mail address. Emergency notice by Grantee to the City may be
made by telephone to the City Clerk or the Public Works Director. All other notices between the parties shall
be in writing and shall be made by personal delivery with receipt confirmation, overnight delivery by a nationally
recognized carrier with receipt confirmation, depositing such notice in the U.S. Mail, Certified Mail, return receipt
requested, or by facsimile with transmission confirmation. Notices shall be effective upon actual receipt, refusal of
delivery, or the inability to deliver due to no accurate forwarding address, in each case as reflected by the receipt
or transmission confirmation. “Business day” for purposes of this section shall mean Monday through Friday,
City and/or Grantee observed holidays excepted.
The City: City of Leawood
4800 Town Center Drive
Leawood, Kansas 66211
Attn: City Clerk
Fax: 913-339-6781
Grantee:
tw telecom of kansas city llc
10475 Park Meadows Drive
Littleton, Colorado 80124
Attn: Tina Davis, Sr. VP & General Counsel
With copies of notices of default to:
tw telecom of kansas city llc
Pamela HollickVice President of Regulatory
10475 Park Meadows Drive
Littleton, CO 80124
or to replacement addresses that may be later designed in writing.
SECTION 12. TRANSFER AND ASSIGNMENT.
This Ordinance is granted solely to the Grantee and shall not be transferred or assigned without the prior written
approval of the City, which approval shall not be unreasonably withheld, conditioned or delayed; provided that
such transfer or assignment may occur without written consent of the City to any entity controlling, controlled by
or under common control with Grantee or to any entity that acquires all or substantially all of the assets or equity
of Grantee. The parties acknowledge that said City consent shall only be with regard to the transfer or assignment
of this Ordinance, and that, in accordance with Kansas Statute, the City does not have the authority to require
City approval of transfers of ownership or control of the business or assets of Grantee.
SECTION 13. CONFIDENTIALITY.
Information provided to the City under K.S.A. 12-2001 shall be governed by confidentiality procedures in compliance with K.S.A. 45-215 and 66-1220a, et seq., and amendments thereto. Grantee agrees to indemnify and
hold the City harmless from any and all penalties or costs, including attorney’s fees, arising from the actions of
Grantee, or of the City at the written request of Grantee, in seeking to safeguard the confidentiality of information
provided by Grantee to the City under this Ordinance.
SECTION 14. ACCEPTANCE OF TERMS.
Grantee shall have sixty (60) days after the final passage and approval of this Ordinance to file with the City
Clerk its acceptance in writing of the provisions, terms and conditions of this Ordinance, which acceptance shall
be duly acknowledged before some officer authorized by law to administer oaths; and when so accepted, this
Ordinance and acceptance shall constitute a contract between the City and Grantee subject to the provisions of
the laws of the state of Kansas.
SECTION 15. PAYMENT OF COSTS.
In accordance with statute, Grantee shall be responsible for payment of all costs and expense of publishing this
Ordinance, and any amendments thereof.
SECTION 16. SEVERABILITY.
If any clause, sentence, or section of this Ordinance, or any portion thereof, shall be held to be invalid by a
court of competent jurisdiction, such decision shall not affect the validity of the remainder, as a whole or any
part thereof, other than the part declared invalid; provided, however, the City or Grantee may elect to declare
the entire Ordinance is invalidated if the portion declared invalid is, in the judgment of the City or Grantee, an
essential part of the Ordinance.
11/11
NOTICE TO BIDDERS
First published in The Legal Record, Tuesday, November 11, 2014.
JOHNSON COUNTY COMMUNITY COLLEGE
12345 College Blvd
Overland Park, KS 66210
(913) 469-3812
Johnson County Community College is accepting proposals for:
INKJET ADDRESSING SYSTEM, RFB #15-056
Specifications and RFP forms may be obtained by contacting the Procurement office at (913) 469-3812. Proposals
which are received in the Procurement office prior to 2:00 P.M. on NOVEMBER 24, 2014 will be given consideration.
Vendors responding to the RFP will be announced publicly on NOVEMBER 24, 2014 at 2:00 P.M. in the CSB Building, Room 170, Johnson County Community College, 12345 College Blvd., Overland Park, KS 66210.
11/11
PAGE THE LEGAL RECORD • NOVEMBER 11, 2014
JOHNSON COUNTY PUBLIC NOTICES
RESOLUTION NO. 929
First published in The Legal Record, Tuesday, November 11, 2014.
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THE LEGAL RECORD • NOVEMBER 11, 2014
PAGE JOHNSON COUNTY PUBLIC NOTICES
CONTINUED FROM PRECEDING PAGE
11/11
ORDINANCE NO. 1583
First published in The Legal Record, Tuesday, November 11, 2014.
11/11
ORDINANCE NO. 1580
First published in The Legal Record, Tuesday, November 11, 2014.
VEHICLE AUCTION
First published in The Legal Record, Tuesday, November 11, 2014.
Public Vehicle Auction
Wiliker Tow Inc.
Unclaimed Vehicle Auction
OPEN TO THE PUBLIC*INTERNET BIDS ONLY*
Pursuant to K.S.A.8-1102 and K.S.A.58-211 the following vehicles will be sold at public auction on Saturday
November 22, 2014 at 12:00 pm unless claimed by the owner and all tow and storage fees are paid in full...
Preview cars. Thursday Nov. 20,2014 10:00 am – 3:00 pm, Friday, Nov. 21,2014 12:00pm – 5:00pm and Saturday
Nov.22,2014 8:00am – 11:00am. Please see website for viewing and bidding days. This auction is open to the public
at www.TowLot.com , choose (Wiliker Tow). Terms of Auction: ALL SALES ARE FINAL NO REFUNDS: ONLY
REGISTERED USERS OF www.TowLot.com MAY BID ON VEHICLES. This sale is by internet bid only.
All sales are “AS IS” and ‘WHERE IS” there are NO GUARANTEES OR WARRANTIES. Paperwork to obtain
title is available. There is NO GUARANTEE the paperwork we provide will obtain a title for you in your state.
Please check with your state for title requirements. You must agree to all sale disclosures and be registered user
of www.TowLot.com to qualify as a bidder in this sale.
11/11
ORDINANCE NO. 1584
First published in The Legal Record, Tuesday, November 11, 2014.
11/11
1993
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11/11
TOYOTA
MERCURY
TOYOTA
HONDA
FORD
FORD
HONDA
NISSAN
SATURN
MERCURY
HONDA
TOYOTA
CHEVY
PLYMOUTH
TOYOTA
ACURA
KIA
HYUNDIA
CADILLAC
CHRYSLER
TOYOTA
TOYOTA
CADILLAC
CHEVY
CHEVY
FORD
SATURN
LAND ROVER
FORD
NISSAN
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DODGE
DODGE
SUZUKI
PICK UP
VILLAGER
CAMRY
ACCORD
F-150
F-150
ACCORD
ALTIMA
SL2
SABLE
ACCORD
AVALON
MALIBU
NEON
CAMRY
TL
SPORTAGE
SONATA
DEVILLE
TOWN&COUNTRY
CAMRY
CAMRY
DEVILLE
BLAZER
CAVALIER
WINDSTAR
SL2
DISCOVERY
MUSTANG
SENTRA
ALERO
GRAND CARAVAN
GRAND CARAVAN
FORENZA
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1HGCD7268TA016023
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1G6KD54Y51U119265
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PAGE 10
THE LEGAL RECORD • NOVEMBER 11, 2014
JOHNSON COUNTY PUBLIC
NOTICES
ORDINANCE NO.
Z-3687
ORDINANCE NO. Z-3687
First published in The Legal Record, Tuesday, November 11, 2014.
ORDINANCE NO. Z-3687
SPECIAL USE PERMIT NO. 2014-36
AN ORDINANCE RELATING TO ZONING: AUTHORIZING A SPECIAL USE PERMIT
FOR CERTAIN PROPERTY.
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF OVERLAND PARK,
KANSAS:
SECTION 1. SPECIAL USE PERMIT GRANTED. Pursuant to regulations set forth in
the Overland Park Municipal Code, Section 18.370, permission is hereby granted to use
in the manner set forth in Section 2 hereof, the following described real property, to-wit:
Legal Description:
TRACT 1:
THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 31,
TOWNSHIP 13 SOUTH, RANGE 25 EAST, IN THE CITY OF OVERLAND
PARK, JOHNSON COUNTY, KANSAS, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID QUARTER
SECTION; THENCE SOUTH 89 DEGREES 56 MINUTES 13 SECONDS EAST
ALONG THE SOUTH LINE OF SAID QUARTER SECTION, A DISTANCE OF
549.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 00
DEGREES 03 MINUTES 47 SECONDS EAST, A DISTANCE OF 20.00 FEET
TO AN ANGLE POINT IN THE EASTERLY RIGHT-OF-WAY LINE OF U.S.
HIGHWAY 69; THENCE NORTH 63 DEGREES 36 MINUTES 17 SECONDS
WEST ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF 258.11 FEET;
THENCE NORTH 04 DEGREES 43 MINUTES 11 SECOND WEST ALONG
SAID RIGHT-OF-WAY LINE, A DISTANCE OF 309.89 FEET; THENCE NORTH
05 DEGREES 35 MINUTES 56 SECONDS EAST ALONG SAID RIGHT-OFWAY LINE, A DISTANCE OF 444.47 FEET TO THE BEGINNING OF A NONTANGENT CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 11,609.16,
A RADIAL BEARING TO SAID POINT BEARS SOUTH 84 DEGREES 27
MINUTES 13 SECONDS EAST; THENCE NORTHERLY ALONG SAID CURVE
AND ALONG SAID RIGHT-OF-WAY LINE, THROUGH A CENTRAL ANGLE OF
03 DEGREES 16 MINUTES 33 SECONDS, A DISTANCE OF 663.74 FEET;
THENCE NORTH 01 DEGREES 16 MINUTES 28 SECONDS WEST ALONG
SAID RIGHT-OF-WAY, A DISTANCE OF 114.15 FEET TO THE SOUTHWEST
CORNER OF PLAZA GARDENS OF OVERLAND PARK, 1ST PLAT,
ACCORDING TO THE RECORDED PLAT THEREOF, SAID POINT LYING ON
THE SOUTH LINE OF THE NORTH 999.73 FEET OF SAID SOUTHEAST
QUARTER; THENCE SOUTH 89 DEGREES 33 MINUTES 21 SECONDS EAST
ALONG THE SOUTH LINE OF SAID PLAZA GARDENS OF OVERLAND PARK,
A DISTANCE OF 909.19 FEET TO THE SOUTHEAST CORNER THEREOF;
THENCE CONTINUING SOUTH 89 DEGREES 33 MINUTES 21 SECONDS
EAST ALONG SAID SOUTH LINE OF THE NORTH 999.73 FEET OF THE
ORDINANCE
NO. Z-3687
SOUTHEAST QUARTER, A DISTANCE OF 76.76 FEET TO THE EAST LINE
OF SPECIAL WARRANTY DEED EXHIBIT “A”, BOOK 5761, PAGE 175;
THENCE SOUTH 00 DEGREES 08 MINUTES 51 SECONDS WEST ALONG
SAID EAST LINE, A DISTANCE OF 755.42 FEET; THENCE SOUTH 37
DEGREES 25 MINUTES 16 SECONDS EAST ALONG SAID EAST LINE, A
DISTANCE OF 410.03 FEET; THENCE SOUTH 57 DEGREES 40 MINUTES 28
SECONDS WEST ALONG SAID EAST LINE, A DISTANCE OF 507.99 FEET;
THENCE SOUTH 00 DEGREES 03 MINUTES 47 SECONDS WEST ALONG
SAID EAST LINE, A DISTANCE OF 302.52 FEET TO SAID SOUTH LINE OF
THE SOUTHEAST QUARTER; THENCE NORTH 89 DEGREES 56 MINUTES
13 SECONDS WEST ALONG SAID SOUTH LINE, A DISTANCE OF 632.92
FEET TO THE TRUE POINT OF BEGINNING, EXCEPT THAT PART IN
STREETS OR ROADS AND EXCEPT THAT PART PLATTED AS LOT 1 AND
TRACT A, FIRST FAMILY CHURCH, 1ST PLAT.
TRACT 2:
THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 31,
TOWNSHIP 13 SOUTH, RANGE 25 EAST, IN THE CITY OF OVERLAND
PARK, JOHNSON COUNTY, KANSAS, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID QUARTER
SECTION; THENCE SOUTH 89 DEGREES 56 MINUTES 13 SECONDS EAST
ALONG THE SOUTH LINE OF SAID QUARTER SECTION, A DISTANCE OF
549.00 FEET; THENCE NORTH 00 DEGREES 03 MINUTES 47 SECONDS
EAST, A DISTANCE OF 20.00 FEET TO AN ANGLE POINT IN THE EASTERLY
RIGHT-OF-WAY LINE OF U.S. HIGHWAY 69; THENCE NORTH 63 DEGREES
36 MINUTES 17 SECONDS WEST ALONG SAID RIGHT-OF-WAY LINE, A
DISTANCE OF 258.11 FEET; THENCE NORTH 04 DEGREES 43 MINUTES 11
SECOND WEST ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF 309.89
FEET; THENCE NORTH 05 DEGREES 35 MINUTES 56 SECONDS EAST
ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF 444.47 FEET TO THE
BEGINNING OF A NON-TANGENT CURVE, CONCAVE WESTERLY, HAVING
A RADIUS OF 11,609.16, A RADIAL BEARING TO SAID POINT BEARS
SOUTH 84 DEGREES 27 MINUTES 13 SECONDS EAST; THENCE
NORTHERLY ALONG SAID CURVE AND ALONG SAID RIGHT-OF-WAY LINE,
THROUGH A CENTRAL ANGLE OF 03 DEGREES 16 MINUTES 33 SECONDS,
A DISTANCE OF 663.74 FEET; THENCE NORTH 01 DEGREES 16 MINUTES
28 SECONDS WEST ALONG SAID RIGHT-OF-WAY, A DISTANCE OF 114.15
FEET TO THE SOUTHWEST CORNER OF PLAZA GARDENS OF OVERLAND
PARK, 1ST PLAT, ACCORDING TO THE RECORDED PLAT THEREOF, SAID
POINT LYING ON THE SOUTH LINE OF THE NORTH 999.73 FEET OF SAID
SOUTHEAST QUARTER; THENCE SOUTH 89 DEGREES 33 MINUTES 21
SECONDS EAST ALONG THE SOUTH LINE OF SAID PLAZA GARDENS OF
OVERLAND PARK, A DISTANCE OF 909.19 FEET TO THE SOUTHEAST
CORNER THEREOF; THENCE CONTINUING SOUTH 89 DEGREES 33
2
MINUTES 21 SECONDS EAST ALONG SAID SOUTH LINE OF THE NORTH
999.73 FEET OF THE SOUTHEAST QUARTER, A DISTANCE OF 76.76 FEET
TO THE EAST LINE OF SPECIAL WARRANTY DEED EXHIBIT “A”, BOOK
5761, PAGE 175, SAID POINT BEING THE TRUE POINT OF BEGINNING;
THENCE SOUTH 00 DEGREES 08 MINUTES 51 SECONDS WEST ALONG
SAID EAST LINE, A DISTANCE OF 755.42 FEET; THENCE SOUTH 37
DEGREES 25 MINUTES 16 SECONDS EAST ALONG SAID EAST LINE, A
DISTANCE OF 410.03 FEET; THENCE SOUTH 57 DEGREES 40 MINUTES 28
SECONDS WEST ALONG SAID EAST LINE, A DISTANCE OF 507.99 FEET;
THENCE SOUTH 00 DEGREES 03 MINUTES 47 SECONDS WEST ALONG
SAID EAST LINE, A DISTANCE OF 302.52 FEET TO SAID SOUTH LINE OF
THE SOUTHEAST QUARTER; THENCE SOUTH 89 DEGREES 56 MINUTES
13 SECONDS EAST ALONG SAID SOUTH LINE, A DISTANCE OF 524.56
FEET TO THE WEST LINE OF THE EAST 954.39 FEET OF SAID SOUTHEAST
QUARTER; THENCE NORTH 00 DEGREES 08 MINUTES 37 SECONDS EAST
ALONG SAID WEST LINE, A DISTANCE OF 1,653.12 FEET TO SAID SOUTH
LINE OF THE NORTH 999.73 FEET OF THE SOUTHEAST QUARTER;
THENCE NORTH 89 DEGREES 33 MINUTES 21 SECONDS WEST ALONG
SAID SOUTH LINE, A DISTANCE OF 346.33 FEET TO THE TRUE POINT OF
BEGINNING, EXCEPT THAT PART IN STREETS AND ROADS.
TRACT 3:
LOT 1 AND TRACT A, FIRST FAMILY CHURCH, 1ST PLAT, A SUBDIVISION
IN THE CITY OF OVERLAND PARK, JOHNSON COUNTY, KANSAS,
ACCORDING TO THE RECORDED PLAT THEREOF.
TRACT 4:
A PERPETUAL AND NON-EXCLUSIVE EASEMENT FOR INGRESS AND
EGRESS PURPOSES OVER, UNDER, ALONG AND ACROSS A STRIP OF
LAND FOR INGRESS AND EGRESS PURPOSES FOR THE BENEFIT OF
OWNERS, SUCCESSORS AND ASSIGNS AS PROVIDED IN THE
INSTRUMENT LABELED “METCALF AVENUE EASEMENT AGREEMENT”
FILED IN BOOK 9069, PAGE 551. TOGETHER WITH SETTLEMENT AND
RELEASE AGREEMENT FILED IN BOOK 9069, PAGE 431.
TRACT 5:
A PERPETUAL AND NON-EXCLUSIVE EASEMENT FOR INGRESS AND
EGRESS PURPOSES OVER, UNDER, ALONG AND ACROSS A STRIP OF
LAND FOR INGRESS AND EGRESS PURPOSES FOR THE BENEFIT OF
OWNERS, SUCCESSORS AND ASSIGNS AS PROVIDED IN THE
INSTRUMENT LABELED “143RD STREET EASEMENT AGREEMENT” FILED
IN BOOK 9069, PAGE 537. TOGETHER WITH SETTLEMENT AND RELEASE
ORDINANCE
NO. Z-3687
AGREEMENT
FILED IN BOOK 9069, PAGE 431.
TRACT 6:
3
A PERPETUAL AND NON-EXCLUSIVE EASEMENTS FOR ACCESS, SIGNS
AND UTILITIES AS PROVIDED IN THE INSTRUMENT LABELED “EASEMENT
AGREEMENT” FILED IN BOOK 5761, PAGE 207.
SECTION 2. That the real property hereinabove described shall hereafter allow a
recreation use, for an indefinite period of time.
All Zoning Ordinances or Zoning Regulations of the City of Overland Park, Kansas,
affecting the use of the real property hereinbefore described which are inconsistent with
this ordinance are hereby made inapplicable to the said property for said period of time.
SECTION 3. CONDITIONS AND STIPULATIONS. The special use permit granted in
Sections 1 and 2 hereinabove in addition to full compliance with any general provisions
contained in Chapter 18.370 of the Overland Park Municipal Code, Unified
Development Ordinance, is hereby made contingent upon the performance and
observation of the following additional and supplementary regulations, stipulations,
conditions, and restrictions, of which the violation of any hereafter enumerated will be a
supplementary basis for revocation in addition to those specified in Section 18.370.050,
to-wit:
a.
The development shall be in accordance with Exhibit “A” (Site Plan), and
Exhibit “B” (Building Elevations), which are filed in the office of the
Planning Commission Secretary at City Hall and which are incorporated
by reference as if set out in full herein. Provided, subsequent revisions
may be made thereto in accordance with the application, notice and other
requirements of O.P.M.C. Title 18. In addition, the development shall
follow and comply with all regulations and standards of the City of
Overland Park unless specifically exempted by the Governing Body.
b.
Prior to the issuance of a Building Permit, the property shall be preliminary
and final platted.
c.
Prior to the issuance of a Building Permit, the Planning Commission shall
approve final development plans.
d.
The location and geometrics of all driveways and parking areas are
subject to review and approval by the Planning and Development Services
Department.
e.
Concurrent with submittal of construction plans for a Site Development or
Building Permit, whichever comes first, the developer’s engineer shall
provide a Final Stormwater Management Study that addresses any
4
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THE LEGAL RECORD • NOVEMBER 11, 2014
ORDINANCE NO. Z-3687
JOHNSON COUNTY PUBLIC NOTICES
CONTINUED FROM PRECEDING PAGE
outstanding items from the Preliminary Stormwater Management Study
and includes any design changes. The study shall be approved prior to the
issuance of a permit.
f.
g.
h.
Prior to the issuance of a Site Development or Building Permit, whichever
comes first, a separate Site Development Permit application shall be
made for construction of the stormwater detention facility. The detention
plans and calculations shall be submitted for the review and approval of
the Engineering Services Division. Engineering Services Division
approval shall be obtained prior to the issuance of a Site Development or
Building Permit for the overall site.
Prior to the issuance of a Site Development Permit, the owner/developer
shall submit a Private Parking Lot Maintenance Agreement for review and
approval of the Engineering Services Division. The Covenant to Maintain
Private Parking Lot Agreement, or comparable agreement, shall be
submitted to Engineering Services Division for recording at the Johnson
County Department of Records and Tax Administration with the recording
fee paid by the owner/developer.
Prior to the issuance of Certificate of Completion for any phase of the
project requiring stormwater detention, the detention facility serving this
the northern portion of the development shall be certified by the design
engineer, a professional engineer, licensed in the State of Kansas. The
entire detention facility shall be permanently stabilized with established
perennial vegetation with a density of at least 70 percent or fully sodded
prior to certification.
i.
Prior to the issuance of a Certificate of Occupancy, the owner shall
communicate with the City their plans for the reconstruction of the existing
private drive from the existing building to 143rd Street in accordance with a
standard acceptable by the City staff. The drive cannot be accessed by
the public until it has been reconstructed.
j.
Prior to the issuance of a Certificate of Occupancy, all new private
sidewalks shall comply with the City’s standard details for private
sidewalks and sidewalk ramps, unless waived by the Director of Planning
and Development Services (Section 18.130.015). Noncompliant
pedestrian routes shall be clearly identified on the plans and comply with
the building code.
k.
Prior to the issuance of a Certificate of Occupancy, any existing public
adjacent to this property that does not substantially meet current
ORDINANCEsidewalk
NO. Z-3687
5
City standards or is in poor condition
shall be reconstructed to current City
standards. The limits of the repair shall be approved by the Engineering
Services Division prior to the issuance of a Building or Site Development
Permit. An alternate route for pedestrian traffic shall be maintained in
compliance with Section 13.10.070 of the O.P.M.C. In no case shall
public sidewalks be closed to pedestrian traffic for a period exceeding 30
days without prior approval from the City.
SECTION 4. TAKE EFFECT. This ordinance shall take effect and be in force from and
after its publication in an official City newspaper.
PASSED by the City Council this 3rd day of November, 2014.
APPROVED by the Mayor this 3rd day of November, 2014.
(s) Carl Gerlach
Carl Gerlach, Mayor
ATTEST:
(s) Marian Cook
Marian Cook, City Clerk
__
APPROVED AS TO FORM:
(s) Stephen B. Horner
__
Stephen B. Horner, Senior Assistant City Attorney
11/11
PAGE 11
ORDINANCE NO. Z-3689
First published in The Legal Record, Tuesday, November 11, 2014.
ORDINANCE NO. Z-3689
SPECIAL USE PERMIT NO. 2014-38
AN ORDINANCE RELATING TO ZONING: AUTHORIZING A SPECIAL USE PERMIT
FOR CERTAIN PROPERTY.
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF OVERLAND PARK,
KANSAS:
SECTION 1. SPECIAL USE PERMIT GRANTED. Pursuant to regulations set forth in
the Overland Park Municipal Code, Section 18.370, permission is hereby granted to use
in the manner set forth in Section 2 hereof, the following described real property, to-wit:
Legal Description:
Lot 1, TOPGOLF OVERLAND PARK, a subdivision of land in the City of
Overland Park, Johnson County, Kansas.
SECTION 2. That the real property hereinabove described shall hereafter allow a
drinking establishment for Top Golf, for a three-year period of time.
All Zoning Ordinances or Zoning Regulations of the City of Overland Park, Kansas,
affecting the use of the real property hereinbefore described which are inconsistent with
this ordinance are hereby made inapplicable to the said property for said period of time.
SECTION 3. CONDITIONS AND STIPULATIONS. The special use permit granted in
Sections 1 and 2 hereinabove in addition to full compliance with any general provisions
contained in Chapter 18.370 of the Overland Park Municipal Code, Unified
Development Ordinance, is hereby made contingent upon the performance and
observation of the following additional and supplementary regulations, stipulations,
conditions, and restrictions, of which the violation of any hereafter enumerated will be a
supplementary basis for revocation in addition to those specified in Section 18.370.050,
to-wit:
None.
SECTION 4. TAKE EFFECT. This ordinance shall take effect and be in force from and
Ordinance
No. Z-3689
after
its publication
in an official City newspaper.
PASSED by the City Council this 3rd day of November, 2014.
APPROVED by the Mayor this 3rd day of November, 2014.
ATTEST:
(s) Marian Cook
Marian Cook, City Clerk
(s) Carl Gerlach
Carl Gerlach, Mayor
__
APPROVED AS TO FORM:
__________
(s) Stephen B. Horner
__
Stephen B. Horner, Senior Assistant City Attorney
11/11
__________
PAGE 12
THE LEGAL RECORD • NOVEMBER 11, 2014
JOHNSON COUNTY PUBLIC NOTICES
ORDINANCE NO. 5406
First published in The Legal Record, Tuesday, November 11, 2014.
ORDINANCE NO. 5406
ORDINANCE NO. Z-3686
First published in The Legal Record, Tuesday, November 11, 2014.
ORDINANCE NO. Z-3686
AN ORDINANCE AUTHORIZING THE CITY OF LENEXA, KANSAS, TO ISSUE ITS INDUSTRIAL
REVENUE BONDS (TAXABLE UNDER FEDERAL LAW), SERIES 2014 (VERTEX CAC, LLC), IN AN
AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED $17,700,000 FOR THE PURPOSE OF
ACQUIRING, CONSTRUCTING AND EQUIPPING A COMMERCIAL FACILITY, AND AUTHORIZING
THE EXECUTION OF CERTAIN DOCUMENTS IN CONNECTION WITH THE ISSUANCE OF THE
BONDS (VERTEX – 9806 LACKMAN).
WHEREAS, the City of Lenexa, Kansas (the “Issuer”) is authorized by K.S.A. 12‑1740 et seq., as
amended (the “Act”), to acquire, construct, improve and equip certain facilities (as defined in the Act) for commercial, industrial and manufacturing purposes, to enter into leases and lease‑purchase agreements with any
person, firm or corporation for such facilities, and to issue revenue bonds for the purpose of paying the costs of
such facilities; and
WHEREAS, pursuant to Resolution No. 2014-59 of the Issuer adopted on June 3, 2014 (the “Resolution of Intent”), the Issuer expressed its intent to issue approximately $17,700,000 to pay the cost of acquiring,
constructing and equipping a commercial facility/warehouse facility described as Vertex - 9806 Lackman (the
“Project”) for the benefit of Vertex CAC, LLC, a Kansas limited liability company (the “Company”); and
WHEREAS, the Issuer has found and does find and determine that it is desirable in order to promote,
stimulate and develop the general economic welfare and prosperity of the Issuer and the State of Kansas that
the Issuer issue its Industrial Revenue Bonds (Taxable Under Federal Law), Series 2014 (Vertex CAC, LLC), in the
aggregate principal amount of not to exceed $17,700,000 (the “Bonds”), for the purpose of paying the costs of
acquiring, constructing and equipping the Project and authorizing the Issuer to lease and sublease the Project as
more fully described in the Indenture and in the Base Lease and Lease hereinafter authorized; and
WHEREAS, the Issuer further finds and determines that it is necessary and desirable in connection
with the issuance of the Bonds to execute and deliver (i) a Trust Indenture (the “Indenture”), with BOKF, N.A., d/b/a
Bank of Kansas City, Kansas City, Missouri, as Trustee (the “Trustee”), prescribing the terms and conditions of
issuing and securing the Bonds; (ii) a Base Lease Agreement (the “Base Lease”), pursuant to which the Issuer will
lease the Project from the Company ); (iii) a Lease (the “Lease”), between the Issuer and the Company, pursuant
to which the Issuer shall lease back the Project to the Company, in consideration of rentals which are intended
to be sufficient to provide for the payment of the principal of, premium, if any, and interest on the Bonds as the
same become due; and (iv) a Bond Purchase Agreement providing for the sale of the Bonds by the Issuer to the
Company (collectively, the “Bond Documents”);
NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LENEXA,
KANSAS AS FOLLOWS:
Section 1. Authority To Cause the Project To Be Acquired, Constructed and Equipped. The Issuer
is hereby authorized to cause the Project to be acquired, constructed and equipped all in the manner and as more
particularly described in the Indenture, the Base Lease and the Lease hereinafter authorized.
Section 2. Authorization of and Security for the Bonds. The Issuer is hereby authorized and directed
to issue the Bonds in the aggregate principal amount of not to exceed $17,700,000 for the purpose of providing
funds to pay the costs of acquiring, constructing and equipping the Project. The Bonds shall be dated and bear
interest, shall mature and be payable at such times, shall be in such forms, shall be subject to redemption and
payment prior to the maturity thereof, and shall be issued in the manner prescribed and subject to the provisions,
covenants and agreements set forth in the Indenture. The Bonds shall be special limited obligations of the Issuer
payable solely from the trust estate established under the Indenture, including revenues from the Lease of the
Project. The Bonds shall not be general obligations of the Issuer, nor constitute a pledge of the faith and credit
of the Issuer and shall not be payable in any manner by taxation.
SPECIAL USE PERMIT NO. 2014-35
AN ORDINANCE RELATING TO ZONING: AUTHORIZING A SPECIAL USE PERMIT
FOR CERTAIN PROPERTY.
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF OVERLAND PARK,
KANSAS:
SECTION 1. SPECIAL USE PERMIT GRANTED. Pursuant to regulations set forth in
the Overland Park Municipal Code, Section 18.370, permission is hereby granted to use
in the manner set forth in Section 2 hereof, the following described real property, to-wit:
Legal Description:
All of Lots 12 and 13 except the west 20 feet and north 115 feet of Lot 13,
Kirkbride Place, a subdivision of land in the City of Overland Park, Johnson
County, Kansas.
SECTION 2. That the real property hereinabove described shall hereafter allow a
preschool, for a ten-year period of time.
All Zoning Ordinances or Zoning Regulations of the City of Overland Park, Kansas,
affecting the use of the real property hereinbefore described which are inconsistent with
this ordinance are hereby made inapplicable to the said property for said period of time.
SECTION 3. CONDITIONS AND STIPULATIONS. The special use permit granted in
Sections 1 and 2 hereinabove in addition to full compliance with any general provisions
contained in Chapter 18.370 of the Overland Park Municipal Code, Unified
Development Ordinance, is hereby made contingent upon the performance and
observation of the following additional and supplementary regulations, stipulations,
conditions, and restrictions, of which the violation of any hereafter enumerated will be a
supplementary basis for revocation in addition to those specified in Section 18.370.050,
to-wit:
a.
Section 3. Execution of Bonds and Bond Documents. The Mayor or acting Mayor of the Issuer is
hereby authorized and directed to execute the Bonds and deliver them to the Trustee for authentication on behalf
of, and as the act and deed of the Issuer, in the manner provided in the Indenture. The Mayor or acting Mayor is
further authorized and directed to execute and deliver the Bond Documents on behalf of, and as the act and deed
of the Issuer, in substantially the forms on file in the office of the City Clerk, with such corrections or amendments
thereto as the Mayor or acting Mayor may approve, which approval shall be evidenced by his execution thereof,
and to execute such other documents, certificates and instruments as may be necessary or desirable to carry
out and comply with the purposes and intent of this Ordinance and the Bond Documents. The City Clerk or the
Deputy City Clerk of the Issuer is hereby authorized and directed to attest the execution of the Bonds, the Bond
Documents and such other documents, certificates and instruments as may be necessary or desirable to carry
out the intent of this ordinance under the Issuer’s official seal.
Section 4. Pledge of the Project and Net Earnings. The Issuer hereby pledges the Project and the
net earnings generated under the Lease to the payment of the Bonds in accordance with K.S.A. 12‑1744. The
lien created by such pledge shall be discharged when all of the Bonds shall be deemed to be paid within the
meaning of the Indenture.
Section 5. Further Authority. The officials, officers, agents and employees of the Issuer are hereby
authorized and directed to take such action, expend such funds and execute such other documents, certificates
and instruments as may be necessary or desirable to carry out the provisions of this Ordinance and to carry out
and perform the duties of the Issuer with respect to the Bonds and the Bond Documents as necessary to give
effect to the transactions contemplated in this Ordinance and in the Bond Documents.
The development shall be in accordance with Exhibit “A” (Site Plan), and
Exhibit “B” (Building Elevations), which are filed in the office of the
Planning Commission Secretary at City Hall and which are incorporated
by reference as if set out in full herein. Provided, subsequent revisions
may be made thereto in accordance with the application, notice and other
requirements of O.P.M.C. Title 18. In addition, the development shall
follow and comply with all regulations and standards of the City of
Overland Park, unless specifically exempted by the Governing Body.
b.
The facility shall comply with all state requirements.
ORDINANCE NO. Z-3686
SECTION 4. TAKE EFFECT. This ordinance shall take effect and be in force from and
after its publication in an official City newspaper.
PASSED by the City Council this 3rd day of November, 2014.
APPROVED by the Mayor this 3rd day of November, 2014.
Section 6. Effective Date. This Ordinance shall take effect from and after its final passage by the
City Council of the Issuer, signature by the Mayor and publication once in the official newspaper of the Issuer.
PASSED by the Lenexa City Council on November 4, 2014.
(s) Carl Gerlach
Carl Gerlach, Mayor
SIGNED by the Council President presiding as Mayor pursuant to Lenexa City Code Section 1‑2A‑3
on November 4, 2014.
ATTEST:
(s) Marian Cook
Marian Cook, City Clerk
__
APPROVED AS TO FORM:
(s) Stephen B. Horner
__
Stephen B. Horner, Senior Assistant City Attorney
11/11
11/11
__________
THE LEGAL RECORD • NOVEMBER 11, 2014
JOHNSON COUNTY PUBLIC NOTICES
NOTICE OF PUBLIC HEARING
First published in The Legal Record, Tuesday, November 11, 2014.
NOTICE OF PUBLIC HEARING
CITY PLANNING COMMISSION
CITY OF OVERLAND PARK, KANSAS
Notice is hereby given that the City Planning Commission of Overland Park, Kansas,
will hold a public hearing Monday, December 8, 2014, at 1:30 p.m., in the City Council
Chamber of City Hall, 8500 Santa Fe Drive, in consideration of the following items
to-wit:
Meyer Companies, Inc., applicant, is requesting a special use permit to allow a drivethru car wash, for an indefinite period of time. This property is currently zoned CP-2,
Planned General Business District.
REZONING - REZ2014-13 – Vicinity of the northeast corner of 91st Street and
Metcalf Avenue
Legal Description:
A parcel of land being a part of Lots 1, 3 and 4, Block’s Plaza, a subdivision of
land now in the City of Overland Park, Johnson County, Kansas, according to the
plat of Block’s Plaza as recorded in Plat Book 49 at Page 46 in the Office of the
Register of Deeds of Johnson County, Kansas, being a part of the Southwest
Quarter of the Northwest Quarter of Section 32, Township 12 South, Range 25
East, now in the City of Overland Park, Johnson County, Kansas, more
particularly described as follows:
SPECIAL USE PERMIT - SUP2014-46 – 8530 West 199th Street
Legal Description:
Lot 2, Blue Valley Center Third Plat, a subdivision of land in the City of Overland
Park, Johnson County, Kansas.
(Note: For orientation the bearings in this description are based on the East line
of said Lot 3 having a bearing of South 02° 07' 22” East.)
Cary L. Russell, applicant, is requesting a special use permit to allow the renewal of
tractor and related accessory equipment sales and service, for a ten-year period of time.
This property is currently zoned PRB-1J, Planned Rural Retail Business District,
Johnson County.
Beginning at the Southeast corner of said Lot 3 monumented by a reinforcing
rod; Thence South 87° 36' 04" West, a distance of 385.55 feet on the South line
of said Lot 1; Thence North 88° 56' 59" West, a distance of 110.37 feet on the
South line of said Lot 3; Thence North 88° 55' 41" West, a distance of 22.46 feet
on the South line of said Lot 1; Thence South 87° 36' 04" West, a distance of
177.57 feet on the South line of said Lot 1; Thence North 02° 07' 57" West, a
distance of 297.00 feet on the West line of said Lot 1; Thence North 87° 36' 04"
East, a distance of 200.00 feet on the North line of said Lot 1; Thence North 02°
07' 57" West, a distance of 300.00 feet on the West line of said Lot 3; Thence
South 87° 36' 04" West, a distance of 200.00 feet on the Southwesterly line of
said Lot 3; Thence North 02° 07' 57" West, a distance of 681.31 feet West line of
said Lot 3; Thence North 87° 32' 41" East, a distance of 225.74 feet on the North
line of said Lot 3 to the beginning of a non-tangent curve concave to the
Northeast having a radius of 280.00 feet; Thence Southeasterly an arc length of
130.80 feet on said curve and continuing on said North line of said Lot 3, said
curve having a chord bearing of South 79° 04' 21" East and a chord distance of
129.61 feet; Thence North 87° 32' 41" East, a distance of 843.97 feet on the
North line of said Lots 3 and 4; Thence South 02° 07' 22" East, a distance of
567.48 feet on the East line of said Lot 4; Thence South 87° 35' 05" West, a
distance of 500.00 feet on the South line of said Lot 4; Thence South 02° 07' 22"
East, a distance of 690.00 feet on the East line of said Lot 3 to the point of
beginning. Containing 1,104,071 square feet or 25.3460 acres. Subject to all
easements and restrictions of record.
SPECIAL USE PERMIT - SUP2014-47 – 14861 Metcalf Avenue
Legal Description:
Tenant Space commonly known as 14861 Metcalf Avenue, Lot 3, South
Edgewater Development, a subdivision of land in the City of Overland Park,
Johnson County, Kansas.
Gyupo Valisco LLC, applicant, is requesting a special use permit to allow a drinking
establishment, for a three-year period of time. This property is currently zoned CP-2,
Planned General Business District.
SPECIAL USE PERMIT - SUP2014-48 – 9100 West 135th Street
Legal Description:
All of Lot 6, 135th Street Business Park Third Plat, a subdivision of land in the
City of Overland Park, Johnson County, Kansas.
Blue Moose, applicant, is requesting a special use permit to allow the renewal of a
drinking establishment, for a five-year period of time. This property is currently zoned
BP, Business Park District.
SPECIAL USE PERMIT - SUP2014-49 – 6845 West 91st Street
Legal Description:
Retention Property LLC, applicant, is requesting a rezoning from CP-2, Planned
General Business District, and R-1, Single-Family Residential District, to MXD, Planned
Mixed Use District, to allow a mixed use zoning.
TEXT AMENDMENT ZRR-3061
The City of Overland Park, Kansas, applicant, is requesting amendments to the
Unified Development Ordinance for Sections 18.440.050, 18.440.055 and
18.440.130, regarding political signs. (Case No. PLM2014-105)
The north 245 feet of Lot 2, Glenwood Business District, a subdivision of land in
the City of Overland Park, Johnson County, Kansas.
Auto Properties, applicant, is requesting a special use permit to allow an off-street
storage parking lot, for an indefinite period of time. This property is currently zoned CP3, Planned Commercial District.
SPECIAL USE PERMIT - SUP2014-50 – Vicinity of the southwest corner of Roe
Avenue and Indian Creek Parkway
Legal Description:
Lot 6 and 7 SUP Legal Description
All that part of the Northwest quarter of Section 9, Township 13 South, Range 25
East, in the City of Overland Park, Johnson County, Kansas more particularly
described as follows:
Commencing at the Southeast corner of the Northwest quarter of said Section 9;
thence N 2°03’44” W, along the East line of the Northwest quarter of said Section
9, a distance of 265.08 feet; thence S 87°56’16” W, a distance of 71.12 feet; to a
point on the Westerly right-of -way line of Roe Avenue as now established said
point also being the Northeast corner of Lot 4, Highlands Village Commercial,
Second Plat, a platted subdivision in the City of Overland Park, Johnson County,
Kansas said point also being the point of beginning; thence S 87°30’18” W, along
the North line of said Lot 4, a distance of 196.68 feet; to the Northwest corner of
said Lot 4, said point also being on the Easterly line of Tract A, Highlands Village
Commercial , Second Plat, a platted subdivision in the City of Overland Park,
Johnson County, Kansas; thence along the Easterly line of said Tract A for the
next four courses; thence N 2°29’42” W, a distance of 135.85 feet; thence S
87°30’18” W, a distance of 138.00 feet; thence N 47°29’42” W, a distance of
21.21 feet; thence N 2°29’42” W, a distance of 88.62 feet; to the most Northeast
corner of said Tract A, said point also being on the Southerly right-of-way line of
Indian Creek Parkway as now established; thence N 87°30’18” E, along said
Southerly right-of-way line, a distance of 342.61 feet; thence S 47°16’43” E,
continuing along said Southerly right-of-way line, a distance of 28.18 feet; to a
point on the Westerly right-of-way line of said Roe Avenue; thence S 2°03’44” E,
along said Westerly right-of-way line, a distance of 191.30 feet; thence S
88°04’44” W, continuing along said Westerly right-of-way line, a distance of 9.28
feet; thence S 1°39’44” W , continuing along said Westerly right-of-way line, a
distance of 28.34 feet; to the point of beginning containing 1.4975 acres more or
less.
PAGE 13
11/11
Sent to The Legal Record for publication on Tuesday, November 11, 2014.
PAGE 14
THE LEGAL RECORD • NOVEMBER 11, 2014
JOHNSON COUNTY PUBLIC
ORDINANCE NOTICES
NO. Z-3688
ORDINANCE NO. Z-3688
mental disease or defect, lacked the mental state required as an
element of the offense charged, or incompetent to stand trial by a court
of competent jurisdiction, or as described in K.S.A. 22-3428.
First published in The Legal Record, Tuesday, November 11, 2014.
ORDINANCE NO. Z-3688
SPECIAL USE PERMIT NO. 2014-37
k.
The operator may not knowingly admit into any psychiatric, therapeutic
or other program at the center, whether formal or informal, and
whether on an in-patient or out-patient basis, any person who, at the
time of admission has ever been determined by a court of competent
jurisdiction to be a Sexually Violent Predator as defined by K.S.A. 5929a02(a).
l.
No person convicted of rape under K.S.A. 21-3502, and amendments
thereto may be admitted or treated.
m.
The property may not be used for the psychiatric treatment or housing
of persons committed to a "correctional institution" as that term is
recognized within the criminal justice system, i.e. any state correctional
institution or juvenile correctional facility for detention or confinement
or jail.
n.
All residents or non-resident day school students must be 18 years of
age or younger at the time of admission into the facility or program.
o.
The operator of the facility shall, upon request of the city council,
provide access to records, within the bounds of applicable law and
regulations regarding privacy, to the City for the purpose of verifying
compliance with the stipulations in this SUP. If a violation shall have
occurred, the operator shall, to the City’s satisfaction, indicate what
steps have been or will be taken to prevent a reoccurrence.
p.
Admittance or treatment of a person otherwise prohibited by these
stipulations as a result of the need for compliance with applicable
federal or state laws, rules or regulations will not constitute a violation
of these stipulations: provided, however, that such patient must be
transferred or discharged within 31 days from the date of such
admittance or treatment, or as soon thereafter as allowed by said
applicable federal and state laws, rules or regulations.
q.
The non-residential day school enrollment shall not exceed 50
students.
AN ORDINANCE RELATING TO ZONING: AUTHORIZING A SPECIAL USE PERMIT
FOR CERTAIN PROPERTY.
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF OVERLAND PARK,
KANSAS:
SECTION 1. SPECIAL USE PERMIT GRANTED. Pursuant to regulations set forth in
the Overland Park Municipal Code, Section 18.370, permission is hereby granted to use
in the manner set forth in Section 2 hereof, the following described real property, to-wit:
Legal Description:
All of Lot 1, Charter Hospital of Kansas City, a Subdivision of land in the City of
Overland Park, Johnson County, Kansas.
SECTION 2. That the real property hereinabove described shall hereafter allow a
psychiatric hospital/residential treatment center, for an indefinite period of time.
All Zoning Ordinances or Zoning Regulations of the City of Overland Park, Kansas,
affecting the use of the real property hereinbefore described which are inconsistent with
this ordinance are hereby made inapplicable to the said property for said period of time.
SECTION 3. CONDITIONS AND STIPULATIONS. The special use permit granted in
Sections 1 and 2 hereinabove in addition to full compliance with any general provisions
contained in Chapter 18.370 of the Overland Park Municipal Code, Unified
Development Ordinance, is hereby made contingent upon the performance and
observation of the following additional and supplementary regulations, stipulations,
conditions, and restrictions, of which the violation of any hereafter enumerated will be a
supplementary basis for revocation in addition to those specified in Section 18.370.050,
to-wit:
a.
The development shall be in accordance with Exhibit "A" (Site Plan),
and Exhibit "B" (Building Elevations), which are filed in the office of the
Planning Commission Secretary at City Hall in support of SUP2004-15
and which are incorporated by reference as if set out in full herein. In
addition, the development shall follow and comply with all regulations
and standards of the City of Overland Park, unless specifically
exempted by the Governing Body.
b.
Current development of the site shall be limited to 101,000 squarefootage and 96 patient beds.
c.
Prior to the issuance of a Building P ermit, final development plans must
approved
ORDINANCE be
NO.
Z-3688 by the Planning Commission.
d.
e.
f.
g.
h.
Concurrent with the submittal of construction plans for site development
or for increased building square-footage, the applicant shall provide a
Final Stormwater Management Study that addresses any outstanding
comments on the Preliminary Stormwater Management Study, as well
as addresses any design changes.
r.
"Operator"
ORDINANCE
NO. Z-3688shall mean Marillac, Inc., or any successor organization,
agency or person, including all officers, agents, employees and
contractors. "Center" or "Facility" shall mean the principal building and
accessory structures located3at 8000 West 127th Street and all
operations maintained therein.
SECTION 4. TAKE EFFECT. This ordinance shall take effect and be in force from and
after its publication in an official City newspaper.
PASSED by the City Council this 3rd day of November, 2014.
APPROVED by the Mayor this 3rd day of November, 2014.
Prior to the issuance of any form of Certificate of Occupancy for any
increased building square-footage on this site, all sidewalk ramps in
public right-of-way adjacent to this property shall be constructed or
reconstructed to include truncated domes and to otherwise conform to
current C ity sidewalk ramp requirements.
(s) Carl Gerlach
Carl Gerlach, Mayor
The applicant will, in conjunction with the Overland Park Police
Department (OPPD), establish a written protocol that provides for
emergency notification of runaways, first, to the OPPD and, second, to
the Blue Valley School District. A copy of the protocol shall be on file
with the Planning Department.
ATTEST:
Upon the request of the OPPD or Overland Park City Council, the
applicant will submit to a security review of procedures and practices
by the OPPD, including a report of criminal activity at the facility during
the past year. A report concerning the results of any such review shall
be forwarded by OPPD to the Planning Department. The Governing
Body shall be notified of the report as appropriate.
APPROVED AS TO FORM:
The operator will not knowingly admit for treatment any person who, at
the time of admission, has been registered as an offender under the
provisions of the Kansas Offender Registration Act (K.S.A. 22-4901, et
seq.), as such Act is written and in effect on July 19, 2004.
i.
The operator agrees that the special use permit shall be restricted to
the use of the property as an acute psychiatric hospital and/or
psychiatric treatment center for children and adolescents only (ages 18
or less) with educational, recreational and other ancillary uses
attendant thereto including family counseling in support of Marillac's
patients.
j.
The operator will not knowingly admit into any psychiatric, therapeutic
or other program at the center, whether formal or informal, and
whether on an in-patient or out-patient basis, any person who, at the
time of admission has ever been found by a court of competent
jurisdiction to be not guilty of a sexual or violent criminal offense by
reason of a judicial determination that such person, as a result of
2
(s) Marian Cook
Marian Cook, City Clerk
__
(s) Stephen B. Horner
__
Stephen B. Horner, Senior Assistant City Attorney
11/11
4
__________
THE LEGAL RECORD • NOVEMBER 11, 2014
PAGE 15
JOHNSON COUNTY PUBLIC NOTICES
ORDINANCE NO. Z-3691
ORDINANCE NO. Z-3690
First published in The Legal Record, Tuesday, November 11, 2014.
First published in The Legal Record, Tuesday, November 11, 2014.
ORDINANCE NO. Z-3691
ORDINANCE NO. Z-3690
SPECIAL USE PERMIT NO. 2014-28
SPECIAL USE PERMIT NO. 2014-31
AN ORDINANCE RELATING TO ZONING: AUTHORIZING A SPECIAL USE PERMIT
FOR CERTAIN PROPERTY.
AN ORDINANCE RELATING TO ZONING: AUTHORIZING A SPECIAL USE PERMIT
FOR CERTAIN PROPERTY.
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF OVERLAND PARK,
KANSAS:
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF OVERLAND PARK,
KANSAS:
SECTION 1. SPECIAL USE PERMIT GRANTED. Pursuant to regulations set forth in
the Overland Park Municipal Code, Section 18.370, permission is hereby granted to use
in the manner set forth in Section 2 hereof, the following described real property, to-wit:
SECTION 1. SPECIAL USE PERMIT GRANTED. Pursuant to regulations set forth in
the Overland Park Municipal Code, Section 18.370, permission is hereby granted to use
in the manner set forth in Section 2 hereof, the following described real property, to-wit:
Legal Description:
Legal Description:
th
Tenant space commonly known as 5205 W 95 Street, A part of the following
described tract of land:
All of Lot 9, Brillhart Subdivision, a subdivision in the City of Overland Park,
Johnson County, Kansas; and, part of Lot 8 of said subdivision described as
follows: the East 54 feet of the South 53 feet thereof; and, Lot 7 of said
subdivision except the following: the North 263.99 feet of said Lot 7 and that part
more particularly described as: commencing at the Northeast Corner of Lot 7,
thence South 263.99 feet along the East line of Lot 7 to the Point of Beginning,
thence East 100 feet perpendicular to the East line of Lot 7, thence South 311.50
feet parallel to the East line of Lot 7 to the North line of Merriam Drive as now
established, thence Northeasterly along said North line to the East line of Lot 7,
thence North 272.57 feet along the East line of Lot 7 to the Point of Beginning.
Commencing at the NW corner of the NW ¼ of Section 4, Township 13, Range
25, thence east 516 feet to a point. Thence south 40 feet to the point of
beginning. Thence continuing south 213 feet to a point. Thence east 591feet to a
point. Thence north 213 feet to a point. Thence 591 feet west to the point of
beginning and containing 2.924 Acres more or less.
SECTION 2. That the real property hereinabove described shall hereafter allow a
renewal of a boarding kennel, for a six-month period of time.
All Zoning Ordinances or Zoning Regulations of the City of Overland Park, Kansas,
affecting the use of the real property hereinbefore described which are inconsistent with
this ordinance are hereby made inapplicable to the said property for said period of time.
SECTION 3. CONDITIONS AND STIPULATIONS. The special use permit granted in
Sections 1 and 2 hereinabove in addition to full compliance with any general provisions
contained in Chapter 18.370 of the Overland Park Municipal Code, Unified
Development Ordinance, is hereby made contingent upon the performance and
observation of the following additional and supplementary regulations, stipulations,
conditions, and restrictions, of which the violation of any hereafter enumerated will be a
supplementary basis for revocation in addition to those specified in Section 18.370.050,
to-wit:
a.
A Building Permit is immediately required for the holding tanks.
b.
The applicant may continue pumping the tanks by a septic company until
SECTION 2. That the real property hereinabove described shall hereafter allow a
renewal of a contractor’s storage yard, for a five-year period of time.
All Zoning Ordinances or Zoning Regulations of the City of Overland Park, Kansas,
affecting the use of the real property hereinbefore described which are inconsistent with
this ordinance are hereby made inapplicable to the said property for said period of time.
SECTION 3. CONDITIONS AND STIPULATIONS. The special use permit granted in
Sections 1 and 2 hereinabove in addition to full compliance with any general provisions
contained in Chapter 18.370 of the Overland Park Municipal Code, Unified
Development Ordinance, is hereby made contingent upon the performance and
observation of the following additional and supplementary regulations, stipulations,
conditions, and restrictions, of which the violation of any hereafter enumerated will be a
supplementary basis for revocation in addition to those specified in Section 18.370.050,
to-wit:
ORDINANCEApril
NO. 30,
Z-3691
2015.
c.
None.
One of the three long-term solutions identified by staff must be approved
and installed by April 30, 2015. Covering the outdoor area with a roof will
require approval by both City staff and Johnson County Wastewater.
SECTION 4. TAKE EFFECT. This ordinance shall take effect and be in force from and
after its publication in an official City newspaper.
SECTION 4. TAKE EFFECT. This ordinance shall take effect and be in force from and
ORDINANCE
NO.inZ-3690
after
its publication
an official City newspaper.
PASSED by the City Council this 3rd day of November, 2014.
APPROVED by the Mayor this 3rd day of November, 2014.
PASSED by the City Council this 3rd day of November, 2014.
APPROVED by the Mayor this 3rd day of November, 2014.
(s) Carl Gerlach
Carl Gerlach, Mayor
(s) Carl Gerlach
Carl Gerlach, Mayor
ATTEST:
(s) Marian Cook
Marian Cook, City Clerk
ATTEST:
(s) Marian Cook
Marian Cook, City Clerk
__________
__
__
APPROVED AS TO FORM:
APPROVED AS TO FORM:
(s) Stephen B. Horner
__
Stephen B. Horner, Senior Assistant City Attorney
(s) Stephen B. Horner
__
Stephen B. Horner, Senior Assistant City Attorney
11/11
11/11
__________
PAGE 16
THE LEGAL RECORD • NOVEMBER 11, 2014
JOHNSON COUNTY PUBLIC NOTICES
ORDINANCE NO. Z-3685
ORDINANCE NO. Z-3684
First published in The Legal Record, Tuesday, November 11, 2014.
First published in The Legal Record, Tuesday, November 11, 2014.
ORDINANCE NO. Z-3685
ORDINANCE NO. Z-3684
SPECIAL USE PERMIT NO. 2014-34
SPECIAL USE PERMIT NO. 2014-33
AN ORDINANCE RELATING TO ZONING: AUTHORIZING A SPECIAL USE PERMIT
FOR CERTAIN PROPERTY.
AN ORDINANCE RELATING TO ZONING: AUTHORIZING A SPECIAL USE PERMIT
FOR CERTAIN PROPERTY.
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF OVERLAND PARK,
KANSAS:
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF OVERLAND PARK,
KANSAS:
SECTION 1. SPECIAL USE PERMIT GRANTED. Pursuant to regulations set forth in
the Overland Park Municipal Code, Section 18.370, permission is hereby granted to use
in the manner set forth in Section 2 hereof, the following described real property, to-wit:
SECTION 1. SPECIAL USE PERMIT GRANTED. Pursuant to regulations set forth in
the Overland Park Municipal Code, Section 18.370, permission is hereby granted to use
in the manner set forth in Section 2 hereof, the following described real property, to-wit:
Legal Description:
Legal Description:
Commencing at the northwest corner of Lot 3, SHOPPING CENTER – N.E.
CORNER, 119TH & METCALF, a subdivision of land in said City; thence South
07ͼ45’59” West, coincident with the west line of said Lot 3, and the easterly rightof-way line of Metcalf Avenue, as it now exists, 297.41 feet to the Point of
Beginning; thence continuing South 07ͼ49’59” West, 14.00 feet; thence North
82ͼ10’01” West, 10.00 feet; thence North 07ͼ49’59” East, 14.00 feet; thence
South 82ͼ10’01” East, 10.00 feet to the point of Beginning, containing 140 square
feet, more or less.
SECTION 2. That the real property hereinabove described shall hereafter allow a utility
structure in a public right of way, for a 20-year period of time.
All Zoning Ordinances or Zoning Regulations of the City of Overland Park, Kansas,
affecting the use of the real property hereinbefore described which are inconsistent with
this ordinance are hereby made inapplicable to the said property for said period of time.
SECTION 3. CONDITIONS AND STIPULATIONS. The special use permit granted in
Sections 1 and 2 hereinabove in addition to full compliance with any general provisions
contained in Chapter 18.370 of the Overland Park Municipal Code, Unified
Development Ordinance, is hereby made contingent upon the performance and
observation of the following additional and supplementary regulations, stipulations,
conditions, and restrictions, of which the violation of any hereafter enumerated will be a
supplementary basis for revocation in addition to those specified in Section 18.370.050,
to-wit:
a.
Extenet Systems, Inc. shall be responsible for the maintenance and
appearance of the landscaping.
SECTION 4. TAKE EFFECT. This ordinance shall take effect and be in force from and
after its publication in an official City newspaper.
PASSED by theNO.
CityZ-3685
Council this 3rd day of November, 2014.
ORDINANCE
SECTION 2. That the real property hereinabove described shall hereafter allow a utility
structure in a public right of way, for a 20-year period of time.
All Zoning Ordinances or Zoning Regulations of the City of Overland Park, Kansas,
affecting the use of the real property hereinbefore described which are inconsistent with
this ordinance are hereby made inapplicable to the said property for said period of time.
SECTION 3. CONDITIONS AND STIPULATIONS. The special use permit granted in
Sections 1 and 2 hereinabove in addition to full compliance with any general provisions
contained in Chapter 18.370 of the Overland Park Municipal Code, Unified
Development Ordinance, is hereby made contingent upon the performance and
observation of the following additional and supplementary regulations, stipulations,
conditions, and restrictions, of which the violation of any hereafter enumerated will be a
supplementary basis for revocation in addition to those specified in Section 18.370.050,
to-wit:
a.
Extenet Systems, Inc. shall be responsible for the maintenance and
appearance of the landscaping.
SECTION 4. TAKE EFFECT. This ordinance shall take effect and be in force from and
ORDINANCE
NO.inZ-3684
after
its publication
an official City newspaper.
PASSED by the City Council this 3rd day of November, 2014.
APPROVED by the Mayor this 3rd day of November, 2014.
(s) Carl Gerlach
Carl Gerlach, Mayor
Beginning at the southwest corner of Tract B, SHOPPING CENTER – N.E.
CORNER, 119TH & METCALF, a subdivision of land in said City; thence South
00ͼ39’07” West, 1.14 feet; thence North 89ͼ20’53” West; thence North 00ͼ39’07”
East, 14.00 feet; thence South 89ͼ20’53” East, 9.82 feet to a point on the west
line of Tract B, and the easterly right-of-way line of Metcalf Avenue, as it now
exists; thence southerly, coincident with said easterly right-of-way line, along a
curve to the right, said curve having a radius of 453.71 feet and a chord bearing
of South 00ͼ09’37” East, 12.86 feet, for a distance of 12.86 feet to the Point of
Beginning, containing 139 square feet, more or less.
APPROVED by the Mayor this 3rd day of November, 2014.
__________
(s) Carl Gerlach
Carl Gerlach, Mayor
ATTEST:
(s) Marian Cook
Marian Cook, City Clerk
__
APPROVED AS TO FORM:
(s) Stephen B. Horner
__
Stephen B. Horner, Senior Assistant City Attorney
11/11
ATTEST:
(s) Marian Cook
Marian Cook, City Clerk
__
APPROVED AS TO FORM:
(s) Stephen B. Horner
__
Stephen B. Horner, Senior Assistant City Attorney
11/11
__________
THE LEGAL RECORD • NOVEMBER 11, 2014
PAGE R-
JOHNSON COUNTY PUBLIC NOTICES
ORDINANCE NO. Z-3683
ORDINANCE NO. Z-3682
First published in The Legal Record, Tuesday, November 11, 2014.
First published in The Legal Record, Tuesday, November 11, 2014.
ORDINANCE NO. Z-3683
ORDINANCE NO. Z-3682
SPECIAL USE PERMIT NO. 2014-39
SPECIAL USE PERMIT NO. 2014-32
AN ORDINANCE RELATING TO ZONING: AUTHORIZING A SPECIAL USE PERMIT
FOR CERTAIN PROPERTY.
AN ORDINANCE RELATING TO ZONING: AUTHORIZING A SPECIAL USE PERMIT
FOR CERTAIN PROPERTY.
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF OVERLAND PARK,
KANSAS:
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF OVERLAND PARK,
KANSAS:
SECTION 1. SPECIAL USE PERMIT GRANTED. Pursuant to regulations set forth in
the Overland Park Municipal Code, Section 18.370, permission is hereby granted to use
in the manner set forth in Section 2 hereof, the following described real property, to-wit:
SECTION 1. SPECIAL USE PERMIT GRANTED. Pursuant to regulations set forth in
the Overland Park Municipal Code, Section 18.370, permission is hereby granted to use
in the manner set forth in Section 2 hereof, the following described real property, to-wit:
Legal Description:
Legal Description:
Lot 14, Blue Valley Park Replat, a subdivision of land in the City of Overland
Park, Johnson County, Kansas.
SECTION 2. That the real property hereinabove described shall hereafter allow a
temporary commercial use in an industrial district, for a two-year period of time.
All Zoning Ordinances or Zoning Regulations of the City of Overland Park, Kansas,
affecting the use of the real property hereinbefore described which are inconsistent with
this ordinance are hereby made inapplicable to the said property for said period of time.
SECTION 3. CONDITIONS AND STIPULATIONS. The special use permit granted in
Sections 1 and 2 hereinabove in addition to full compliance with any general provisions
contained in Chapter 18.370 of the Overland Park Municipal Code, Unified
Development Ordinance, is hereby made contingent upon the performance and
observation of the following additional and supplementary regulations, stipulations,
conditions, and restrictions, of which the violation of any hereafter enumerated will be a
supplementary basis for revocation in addition to those specified in Section 18.370.050,
to-wit:
Lot 14, Blue Valley Park Replat, a subdivision of land in the City of Overland
Park, Johnson County, Kansas.
SECTION 2. That the real property hereinabove described shall hereafter allow a tow
lot, for a five-year period of time.
All Zoning Ordinances or Zoning Regulations of the City of Overland Park, Kansas,
affecting the use of the real property hereinbefore described which are inconsistent with
this ordinance are hereby made inapplicable to the said property for said period of time.
SECTION 3. CONDITIONS AND STIPULATIONS. The special use permit granted in
Sections 1 and 2 hereinabove in addition to full compliance with any general provisions
contained in Chapter 18.370 of the Overland Park Municipal Code, Unified
Development Ordinance, is hereby made contingent upon the performance and
observation of the following additional and supplementary regulations, stipulations,
conditions, and restrictions, of which the violation of any hereafter enumerated will be a
supplementary basis for revocation in addition to those specified in Section 18.370.050,
to-wit:
None.
a.
SECTION 4. TAKE EFFECT. This ordinance shall take effect and be in force from and
Ordinance
No. Z-3683
after its publication
in an official City newspaper.
PASSED by the City Council this 3rd day of November, 2014.
ATTEST:
(s) Marian Cook
Marian Cook, City Clerk
SECTION 4. TAKE EFFECT. This ordinance shall take effect and be in force from and
Ordinance No. Z-3682
after its publication in an official City newspaper.
PASSED by the City Council this 3rd day of November, 2014.
APPROVED by the Mayor this 3rd day of November, 2014.
(s) Carl Gerlach
Carl Gerlach, Mayor
All vehicles shall be stored within a fenced area on-site.
APPROVED by the Mayor this 3rd day of November, 2014.
__________
ATTEST:
__
(s) Marian Cook
Marian Cook, City Clerk
(s) Carl Gerlach
Carl Gerlach, Mayor
__
APPROVED AS TO FORM:
APPROVED AS TO FORM:
(s) Stephen B. Horner
__
Stephen B. Horner, Senior Assistant City Attorney
(s) Stephen B. Horner
__
Stephen B. Horner, Senior Assistant City Attorney
11/11
11/11
__________
PAGE R-10
THE LEGAL RECORD • NOVEMBER 11, 2014
JOHNSON COUNTY PUBLIC NOTICES
NOTICE OF HEARING
First published in The Legal Record, Tuesday, November 11, 2014.
CITY OF PRAIRIE VILLAGE, KANSAS
NOTICE OF HEARING
BOARD OF ZONING APPEALS
NOTICE TO BIDDERS
First published in The Legal Record, Tuesday, November 11, 2014.
The Board of Zoning Appeals will hold a public hearing on Tuesday, December 2, 2014, at 6:30 p.m. in the Council
Chambers in the Municipal Building at 7700 Mission Road, Prairie Village, Kansas, on the following application:
BZA 2014-07 Variance from Section 19.06.035 of the Zoning Ordinances to decrease the rear
yard setback from 25 feet to 5 feet
3905 Delmar Drive Zoning: R-1a Single Family Residential District
Applicant: Gregory Shondell
The property legally described as follows: Lot 47, Indian Fields, Block 7 & 8 & part of Block 11.
The applicant is requesting a variance to construct addition to the existing home.
At the time of the scheduled public hearing, all interested parties may present their comments. Prior to the date
of the scheduled hearing, plans, drawings, additional information and a complete copy of the legal description
are available for public inspection in the Office of the Secretary to the Board of Zoning Appeals. If you have a
disability and need assistance to participate in any city meeting or program, contact Joyce Hagen Mundy by
e-mail at [email protected] or at 381-6464 or TDD 1-800-766-3777.
Randy Kronblad
Chairman
11/11
NOTICE OF ABATEMENT
First published in The Legal Record, Tuesday, November 11, 2014.
CITY OF OVERLAND PARK
COMMUNITY PLANNING & SERVICES
NOTICE OF ABATEMENT
This is an official notice that the property located at:
7420 METCALF AVE - NP24400000 000B2 GLENNWOOD ADDITION TR B EX S155' OPC 513 104A
Overland Park, Kansas has weeds, grasses, or other such vegetation growth in violation of Overland Park
Municipal Code Chapter 7.20; Uncultivated Vegetation in Excess of 8 Inches.
PERSONS OWNING OR OTHERWISE IN CONTROL OF SAID PROPERTIES ARE HEREBY
REQUIRED TO ABATE THE VIOLATION WITHIN 10 DAYS FROM THE DATE OF THIS NOTICE.
Failure to comply with this notice shall result in the City arranging for the abatement of the violation by
cutting or otherwise removing the vegetation. Any costs to the City will be assessed against the property and
persons in control and failure to pay such assessment within 30 days of the notice of assessment shall result
in the filing of a tax lien against the properties, or litigation to recover costs, or both.
A HEARING BEFORE A HEARING OFFICER MAY BE REQUESTED in writing and must be received by
the City Clerk before the expiration of the 10 day notice period. Said period shall run from the date of this
notice. The notice period includes weekends and holidays, except that should the last day of the notice
period fall on a weekend or a holiday for which the City Clerk's office is not open, then you shall have until
the first regular business day to submit your request for a hearing. No additional notice will be provided.
11/11
11/11
NOTICE OF PUBLIC HEARING
First published in The Legal Record, Tuesday, November 11, 2014.
NOTICE OF PUBLIC HEARING
BOARD OF ZONING APPEALS
CITY OF OVERLAND PARK, KANSAS
Notice is hereby given that the city’s Board of Zoning Appeals of Overland Park,
Kansas, will hold a public hearing on Wednesday, December 10, 2014, at 7:00 p.m., in
the City Council Chamber of City Hall, 8500 Santa Fe Drive, in consideration of the
following items to-wit:
NOTICE OF HEARING
First published in The Legal Record, Tuesday, November 11, 2014.
CITY OF PRAIRIE VILLAGE, KANSAS
NOTICE OF HEARING
The Planning Commission of the City of Prairie Village, Kansas will hold a Public Hearing at its regular meeting
on Tuesday, December 2, 2014, at 7:00 p.m. in the Council Chambers of the Municipal Building, 7700 Mission
Road, Prairie Village, Kansas. The subject of the Public Hearing is:
APPLICATION PC 2014-09
Special Use Permit for a Private Club at
6510 Mission Road
Zoning: R-1a - Single Family Residential
Applicant: Homestead Country Club
The property is legally described as “a tract of land located in the Northeast ¼ of Section 16, Township 12, Range
25 in the City of Prairie Village, Johnson County, Kansas being more particularly described as follows:
BOARD OF ZONING APPEALS - BZA2014-14 – 12508 Barton Street
LEGAL
DESCRIPTION:
jrm
11/11/2014
Lot 29, Block 17, Nottingham Forest, Eleventh Plat, a subdivision of land in the
City of Overland Park, Johnson County, Kansas.
Jim Watkins, applicant, is requesting a variance from Unified Development Ordinance,
Section 18.430.070.A.2, Parking and Loading Regulation, Setbacks, to allow a
driveway and extension to remain within two feet of a lot line.
11/11
Commencing at the Northeast corner of said Section 16; thence S 02°16’06”E a distance of 1,206.47 feet along
the section line to a point; thence S87°05’36”W a distance of 30.00 feet to the west right of way of Mission Road;
thence continuing along a bearing of S87°05’36”W a distance of 139.41 feet to a point; thence N02°54’24”W a
distance of 15.00 feet to a point; thence N65°34’54” W a distance of 439.73 feet to a point; thence N59°07’14”W
a distance of 87.65 feet to a point and also being THE TRUE POINT OF BEGINNING; thence N59°07’14”W a
distance of 406.87 feet to a point; thence S53°01’30”W a distance of 310.42 feet to a point; thence S15°15’35”W
a distance of 391.77 feet; to a point; thence S70°09’41”E a distance of 621.87 feet to a point; thence N87°07’14”E
a distance of 265.15 feet to a point; thence N12°12’23”E a distance of 135.46’ to point; thence N65°34’54” W a
distance of 240.00 feet to a point; thence N24°25’06”E a distance of 125.00 feet to a point; thence on a curve to
the left having a radius of 28.98 feet a delta angle of 69°01’46” a chord bearing of S 79°28’09”W a chord length of
32.84 feet and an arc length of 34.91 feet to a point; thence on a curve to the right having a radius of 51.09 feet a
delta angle of 175°35’26” a chord bearing of N47°07’06”W a chord length of 102.11 and an arc length of 156.58
feet to a point; thence N44°36’38”E a distance of 43.00 feet to a point; thence N29°55’24”E a distance of 131.59
feet to a point and the true point of beginning. Containing 386109.22 sq. ft or 8.86 acres more or less.
The applicant is seeking a Special Use Permit to operate a Private Club containing recreational facilities including
tennis courts, swimming pool and fitness center.
Prior to the date of the scheduled hearing, plans and additional information regarding the proposed application
may be reviewed in the Office of the Secretary of the Planning Commission at the Municipal Building.
At the time of the scheduled public hearing, all interested persons may present their comments. Comments may
be submitted in writing to the Planning Commission addressed to the City of Prairie Village, 7700 Mission Road,
Prairie Village, Kansas 66208. If you have a disability and need assistance to participate in any city meeting or
program, contact the City Clerk at 381-6464 or TDD 1-800-766-3777.
Bob Lindeblad
Chairman
11/11
THE LEGAL RECORD • NOVEMBER 11, 2014
JOHNSON COUNTY PUBLIC NOTICES
NOTICE TO BIDDERS
First published in The Legal Record, Tuesday, November 11, 2014.
CITY OF LENEXA
NOTICE TO BIDDERS
Sealed bids for I-435 SB Off-Ramp & 87th Street will be accepted by the City of Lenexa, Kansas at the Community
Development Department, Lenexa City Hall, 12350 West 87th Street Parkway, Lenexa, Kansas 66215, until 1:00 PM
(local time) on December 16, 2014 at which time bids will be publicly opened and read aloud at the Lenexa City
Hall. Any bid received after the designated closing time will not be considered and will be returned unopened.
All bids shall be submitted to the Community Development Department Customer Service Staff (Main Level) in
sealed envelopes addressed to the CITY OF LENEXA, KANSAS, ATTENTION: CITY CLERK, and marked “Bid
for: I-435 SB Off-Ramp & 87th Street” Copies of plans, specifications, bidding documents and other Contract
Documents are on file at:
Drexel Technologies, Inc.
10840 W. 86th Street
Lenexa, KS 66214
Bidders desiring Contract Documents for use in preparing bids may obtain a set of such documents at the
address above.
PLANS AND SPECIFICATIONS MAY BE DOWNLOADED FROM THE DREXEL
TECHNOLOGIES, INC. WEBSITE SET FORTH BELOW
http://planroom.drexeltech.com/
NOTE: DAVIS BACON WAGE RATES APPLY TO THIS PROJECT
EACH BIDDER WILL BE RESPONSIBLE FOR ENSURING THAT IT HAS RECEIVED ANY AND ALL
ADDENDA ISSUED BY CITY IN ACCORDANCE WITH IB-10 OF THE INSTRUCTIONS TO BIDDERS.
CONTRACTORS SHOULD READ AND BE FULLY FAMILIAR WITH ALL CONTRACT DOCUMENTS INCLUDING
ADDENDA BEFORE SUBMITTING A BID. IN SUBMITTING A BID, THE BIDDER WARRANTS THAT IT HAS
READ THE CONTRACT DOCUMENTS AND IS FULLY FAMILIAR THEREWITH AND THAT IT HAS VISITED THE
SITE OF THE WORK TO FULLY INFORM ITSELF AS TO ALL EXISTING CONDITIONS AND LIMITATIONS AND
SHALL INCLUDE IN ITS BID A SUM TO COVER THE COST OF ALL ITEMS OF THE WORK AS SPECIFIED IN
THE CONTRACT DOCUMENTS.
No oral telegraphic, telephonic proposals or alterations will be considered. Facsimile transmissions will not be
accepted.
The following items must be included in the sealed envelope with the Bid:
a.
Bid Form;
b.
5% Bid Security--Bid Bond, Cashier’s Check or Certified Check (see below); and
c.
Acknowledgment of Addenda Issued by City.
Each bidder shall file with its bid a bid bond, a cashier’s check or a certified check drawn on an acceptable bank,
made payable to City of Lenexa, Kansas, in an amount equal to five percent (5%) of the total bid, which shall be
retained by City of Lenexa, Kansas until a Contract for the project has been executed. Bid Bonds will be returned
to the bidders, with the exception of the best and lowest and second best and second lowest responsible bidders,
within twenty-one (21) days after their bids are rejected. The bid deposit of the lowest and the second lowest
responsible bidders will be returned when the Performance Bond, Maintenance Bond and Statutory Bond, each in
an amount equal to 100% of the Contract amount; required insurance certificates and other required documents
shall have been furnished and the Contract Documents have been executed by the successful bidder.
In the event the low bidder is unable to execute the Contract, for whatever reason, within the time provided in
the Notice of Award, City may annul the Notice of Award and the bid deposit may be forfeited and City shall
exercise its legal prerogatives, including, but not limited to, enforcement of its rights as to the bid security or
specific performance.
City reserves the right to accept or reject any and all bids and to waive any technicalities or irregularities therein.
Bids may be modified or withdrawn by written request of the bidder received in the office of City Clerk, prior to
the time and date for bid opening.
From and after the release of this Notice, any party intending to bid on the above referenced Project, including
their officers, employees, agents, or contractors are specifically prohibited from communicating with any elected
or appointed official of the City, directly or indirectly, with regard to the award of the contract for the Project listed
above, except as specifically authorized by the Instructions to Bidders. Any such unauthorized communication
may result in the automatic disqualification of such bidder.
ALL BIDDERS AGREE THAT REJECTION SHALL CREATE NO LIABILITY ON THE PART OF CITY BECAUSE OF
SUCH REJECTION, AND THE FILING OF ANY BID IN RESPONSE TO THIS NOTICE SHALL CONSTITUTE AN
AGREEMENT OF THE BIDDER TO THESE CONDITIONS.
If this section is completed, a Pre-Bid Conference will be held at:
Lenexa City Hall, Executive Conference Room
December 9, 2014, at 1:00 P.M.
11/11 11/8 11/25 12/2 12/9
David F. Bryant III
David F. Bryant III, City Clerk
City of Lenexa, Kansas
PAGE R-11
`