johnson county public notices

Transcription

johnson county public notices
PAGE 2
THE LEGAL RECORD • OCTOBER 18, 2016
JOHNSON COUNTY PUBLIC NOTICES
NOTICE!!
Stress, Burnout,
Depression and
Healthy Daily Living, etc.
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The purpose of this group is to provide a
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about Burnout, Stress, Depression or any
other issues which negatively affect your life
and/or interfere with your ability to practice law.
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toll-free 1-(888) 342-9080
or (785) 368-8275
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THE LEGAL RECORD
A Newspaper of General Circulation
ESTABLISHED 1898
1701 E. Cedar, Suite 111, Olathe, KS 66062
(913) 780-5790
www.thelegalrecord.net
email: [email protected]
JOHN G. LEWIS
Publisher
DEBRA VALENTI
Director of Operations
EMILY KARES
Editorial Manager
Member:
National Newspaper Association
Kansas Press Association
The Legal Record (ISSN 1052-6064, USPS 150-300) is a
newspaper of general circulation dedicated to keeping the general
public informed of passing events of a political, social, commercial
and religious nature. Published weekly every Tuesday by Lewis
Legal News, Inc., 1701 E. Cedar, Suite 111, Olathe, KS 66062.
Periodicals class postage paid at Olathe, Kansas. POSTMASTER:
Send address changes to The Legal Record, 1701 E. Cedar, Suite
111, Olathe, KS 66062.
SUBSCRIPTION RATES – Regional Edition sold in combination with Wyandotte County Business News: 1 year-$275.25, 6
months-$198.79, 3 months-$137.62. Local Edition: $48.06 per
year. Includes Kansas sales tax.
BACK ISSUES are available for $11 per copy. To order, call
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The Legal Record is fully qualified under K.S.A. 64-101 and
all other applicable statutes to publish legal notices.
Certain news and information herein is taken from public
records and is published without prejudice or liability. The Legal
Record is not responsible for errors or omissions. Under no
circumstances will any matter of public record be withheld by
request from publication in this newspaper.
This newspaper does not assume responsibility for the views
expressed in published correspondence or contributed editorial
matter.
The Legal Record requires, and services are rendered strictly
upon the condition, that the party submitting a legal notice for publication is responsible for payment of publication charges. Where
an attorney(s) or law firm submits a legal notice for publication,
The Legal Record requires, and services are rendered strictly upon
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Copyright © 2016, Lewis Legal News, Inc. All rights reserved.
Material published in The Legal Record is compiled at substantial
expense. Any republication, recording or copyright infringement
will be subject to legal redress.
ORDINANCE NO. 260
First published in The Legal Record, Tuesday, October 18, 2016.
Member:
NATIONAL NEWSPAPER ASSOCIATION
KANSAS PRESS ASSOCIATION
THE ASSOCIATED PRESS
KANSAS SUNSHINE COALITION FOR OPEN GOVERNMENT
10/18
THE LEGAL RECORD • OCTOBER 18, 2016
JOHNSON COUNTY PUBLIC NOTICES
CHARTER ORDINANCE NO. 25
First published in The Legal Record, Tuesday, October 11, 2016.
TREASURER'S QUARTERLY FINANCIAL STATEMENT
First published in The Legal Record, Tuesday, October 18, 2016.
City of Prairie Village, Kansas
Treasurer’s Quarterly Financial Statement
For Quarter Ended
September 30, 2016
BALANCE
6/30/16
DISBURRECEIPTS
BALANCE
SEMENTS
9/30/16
3,517,262.70
7,418,760.81
$6,703,360.06
1,224,135.46
42,568.86
349,911.19
916,793.13
243,472.11
144,200.62
-
387,672.73
1,839,429.82
43,306.35
1,637,608.00
245,128.17
46,459.03
31,257.98
31,155.46
46,561.55
Special Alcohol
166,232.29
31,529.68
14,017.74
183,744.23
Bond & Interest
604,152.19
267,302.27
772,025.00
99,429.46
Grants
534,014.75
-
-
534,014.75
1,629,360.79
5,400,820.23
2,537,642.22
4,492,538.80
91,440.23
37,483.20
15,615.49
113,307.94
1,883,121.45
4,126.94
14,017.91
1,873,230.48
General Fund
Solid Waste Mgmt.
$10,604,858.17
Special Highway
Stormwater Utility
Spec. Parks & Rec.
Capital Projects
Risk Mgmt. Reserve
Economic Development
Equipment Reserve
579,832.91
1,587.70
-
581,420.61
CID - Corinth
146,272.94
134,244.80
140,000.00
140,517.74
CID - Prairie Village Shops
190,435.94
133,826.84
135,000.00
189,262.78
$19,783,218.08
$9,789,518.17
$13,065,753.82
$16,506,982.43
General Obligation Bonds
Other Obligations
$15,195,000.00
$3,406,112.48
I, FIELDING L. NORTON, JR. DO HEREBY CERTIFY THE ABOVE REPORT TO BE CORRECT.
FIELDING L. NORTON, JR., TREASURER
CITY OF PRAIRIE VILLAGE, KANSAS
10/18
NOTICE OF PUBLIC HEARING
First published in The Legal Record, Tuesday, October 18, 2016.
CITY OF MISSION HILLS, KANSAS
NOTICE OF PUBLIC HEARING ON
REVISIONS TO EXISTING ZONING REGULATIONS
Notice is hereby given that the Planning Commission will hold a public hearing to consider proposed amendments
to Sections 5-103.3, 5-103.4, 5-103.5, 5-103.6, 5-113, 5-125, 5-126, and 5-127, and the addition of Sections
5-1501 through 5-1510 of the Zoning Regulations. The public hearing will be held at City Hall, 6300 State Line
Road, Mission Hills, KS 66208, on Wednesday, November 9, 2016, at 5:00 p.m., pursuant to Kansas Statutes
Annotated §12-757.
The proposed amendments to the Zoning Regulations should be reviewed to determine all proposed changes
and the scope and nature of the changes. Copies are available for review at City Hall, 6300 State Line Road,
Mission Hills, KS 66208.
/s/
10/18
Jill Clifton
Planner
VEHICLE AUCTION
First published in The Legal Record, Tuesday, October 18, 2016.
UNCLAIMED VEHICLE 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 1, 2016 at 9:00 a.m. unless claimed by the
owner and all tow and storage charges are paid in full.
VEHICLES CAN BE INSPECTED AT: LUCAS
TOWING
1303 OTT STREET, OLATHE, KS
ALL SALES ARE FINAL WITH NO REFUNDS
TERMS OF AUCTION: All sales are final. No refunds. All
sales are “as is” “where is” and there are no guarantees
or warranties expressed or implied. The paperwork to
obtain a new title will cost $80.00 per vehicle. There is
no guarantee paperwork will obtain a new title for you in
your state. Please check with the Department of Motor
Vehicles in your state for details. You must agree to all
sale disclosures.
Nationwide Transportation of vehicles can be
arranged
2014 GMC SIERRA
1GTV2TEH3EZ279012
VAUL TRUST
THE FINEST CONSTRUCTION LLC
ALLY FINANCIAL
10/18 10/25
VEHICLE AUCTION
First published in The Legal Record, Tuesday, October 11, 2016.
The following cars are to be sold at public auction
October 27, 2016 at Johnson County Tow, 7932 Foster
St, Overland Park, KS 66204, 913-362-8699.
1J4GW58N64C309092
2004 JEEP GRAND CHEROKEE SILVER
JNRDR09XX2W213738
2002 INFINITI QX4 BLACK
1GNET16S266114199
2006 CHEVROLET TRAILBLAZER GREY
1G1ZT51F16F267497
2006 CHEVROLET MALIBU BLACK
2G1WT57K391173320
2009 CHEVROLET IMPALA RED
2C8GP54L75R433435
2005 CHRYSLER TOWN AND COUNTRY RED
KL1TD56688B243542
2008 CHEVROLET AVEO RED
1J8HG48K76C293388
2006 JEEP COMMANDER GREY
KNDJT2A23B7341474
2011 KIA SOUL GREEN
1FMPU18L24LB40946
2004 FORD EXPEDTION BLACK
1G1PG5S99B7275713
2011 CHEVROLET CRUZE BLACK
WVWMA63B2XE495507
1999 VOLKSWAGEN PASSAT
10/11 10/18
10/11 10/18
PAGE 3
PAGE 4
THE LEGAL RECORD • OCTOBER 18, 2016
JOHNSON COUNTY PUBLIC NOTICES
ORDINANCE NO. 1458
First published in The Legal Record, Tuesday, October 18, 2016.
ORDINANCE NO. 1458
AN ORDINANCE RELATING TO RIGHT-OF-WAY MANAGEMENT; AMENDING AND REPEALING EXISTING
SECTIONS 5-603, 5-609, 5-610, 5-611, 5-613, 5-615, 5-617, 5-624 AND 5-627 OF THE CODE OF ORDINANCES
OF THE CITY OF MISSION HILLS, KANSAS.
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF MISSION HILLS, KANSAS:
SECTION 1. Existing Section 5-603 of the Code of Ordinances of the City of Mission Hills, Kansas is
hereby amended to read as follows:
5-603. Definitions.
A.
For purposes of this article, the following words and phrases shall have the meaning given herein:
1.
Abandoned facilities: Means those facilities owned by the ROW-user that are not in use and are not
likely to will not be utilized by the owner in the future.
2.
Affiliate: Means any person controlling, controlled by or under the common control of a “service provider.”
3.
Applicant: Means any person requesting permission to occupy, lease or operate facilities using the
right-of-way, or to excavate the right-of-way.
4.
Area of influence: Means that area around a street excavation where the pavement and sub-grade is
impacted by the excavation and is subject to more rapid deterioration.
5.
City: Means the City of Mission Hills, Kansas, a municipal corporation, and any duly authorized
representative.
6.
Construct: Means and includes construct, install, erect, build, affix or otherwise place any fixed structure
or object, in, on, under, through or above the right-of-way.
7.
Day: Means calendar day unless otherwise specified.
8.
Emergency: Means a condition that (a) poses a clear and immediate danger to life or health, or of a
significant loss of property; or (b) requires immediate repair or replacement in order to restore service to a user.
9. Excavate: Means and includes any cutting, digging, excavating, tunneling, boring, grading or other alteration
of the surface or subsurface material or earth in the right-of-way.
10. Excavation fee: Means the fee charged by the City for each street or pavement cut which is intended
to recover the costs associated with construction and repair activity of the ROW-user and its contractors and/
or subcontractors.
11. FCC: Means Federal Communications Commission.
12. Facility: Means lines, pipes, irrigation systems, wires, cables, conduit facilities, poles, towers, vaults, pedestals,
boxes, appliances, antennas, transmitters, gates, meters, appurtenances, wireless communications facilities,
or other equipment.
13.
Franchise ordinance: Means an ordinance passed by the City in accordance with Kansas law and granting
a person the right to use the right-of-way or provide service to the City’s residents and providing compensation
to the City that is in addition to the fees and charges for registering service providers, right-of-way permit fees,
inspection fees, building permit fees, excavation fees or other administrative fees.
14. Governing body: Means the Mayor and the City Council of the City of Mission Hills, Kansas.
15. Governmental entity: Means any county, township, city, town, village, school district, library district,
road district, drainage or levee district, sewer district, water district, fire district or other municipal corporation,
quasi-municipal corporation or political subdivision of the State of Kansas or of any other state of the United
States and any agency or instrumentality of the State of Kansas or of any other state of the United States or of
the United States.
16. KCC: Means the Kansas Corporation Commission.
17. Parkway: Means the area between a property line and the street curb, sometimes called boulevard,
tree-shelf or snow-shelf.
18. Pavement: Means and includes Portland cement concrete pavement, asphalt concrete pavement,
asphalt treated road surfaces and any aggregate base material.
19. Permit and inspection fee: Means the fee charged by the City to recover its cost incurred for right-of-way
management; including, but not limited to, costs associated with registering applicants; issuing, processing, and
verifying right-of-way permit applications; inspecting job sites and restoration of improvements; determining
the adequacy of right-of-way restoration; revoking right-of-way permits and, other costs the City may incur in
managing the provisions of this ordinance.
20. Permittee: Means any person to whom a right-of-way permit is issued to excavate a right-of-way.
21. Person: Means any natural or corporate person, business association or business entity including,
but not limited to, a partnership, a sole proprietorship, a political subdivision, a public or private agency of any
kind, a utility, a successor or assign of any of the foregoing, or any other legal entity.
22. Public improvement: Means any project undertaken by the City for the construction, reconstruction,
maintenance, or repair of any public infrastructure, and including without limitation, streets, alleys, bridges,
bikeways, parkways, sidewalks, sewers, drainage facilities, traffic control devices, street lights, public facilities,
public building or public lands.
23. Public lands: Means any real property owned by the City that is not right-of-way.
24. Public Works Director: Means the City Administrator of the City of Mission Hills, Kansas, or such other
official designated by the City Administrator.
25. Registration: Means the application process of a service provider, the approval of the application by
the City, and the authorization of the service provider to use any portion of the right-of-way within the City to
provide service both within and beyond the City limits.
26. Repair: Means the temporary construction work necessary to make the right-of-way useable.
27. Repair and restoration: Means those costs associated with repairing and restoring the public right-of-way
because of damage caused by the ROW-user and its contractors and/or subcontractors in the right-of-way.
28. Restoration: Means the process by which an excavated right-of-way and surrounding area, including
pavement and foundation, is returned to the same condition, or better than, that existed before the commencement
of the work.
29. Right-of-way: Means the areas within the City on, below or above public or private property shown as
right-of-way for public use on present and future recorded plats. It also includes the area on, below or above
City streets, curbs, alleys, bridges and parkways in which the City has a dedicated or acquired right-of-way
interest in the property.
30. Right-of-way permit: Means the authorization to excavate for the construction, installation, repair or
maintenance of any type of facility within the right-of-way.
31. Routine service operation: Means a work activity that makes no material change to the facilities and
does not disrupt traffic.
32. ROW-user: Means a person, its successors and assigns, that uses the right-of-way for purposes of work,
excavation, provision of services, or to install, construct, maintain, repair facilities thereon, including, but not
limited to, landowners and service providers. A ROW-user shall not include ordinary vehicular or pedestrian
traffic or any governmental entity that has entered into an agreement pursuant to K.S.A. 12-2901 et seq. with
the City regarding the use and occupancy of the City’s right-of-way.
33. Service: Means a commodity provided to a person by means of a delivery system that is comprised of
facilities located or to be located in the right-of-way, including, but not limited to, gas, telephone, cable television,
internet services, open video systems, wireless services, alarm systems, steam, electric, water, telegraph, data
transmission, petroleum pipelines, or sanitary sewerage.
34. Service provider: Means any person owning, possessing or having an interest in facilities in the rightof-way that are used for the provisions of a service for or without a fee; provided, that this definition shall also
include persons owning, possessing or having an interest in facilities in the right-of-way that are used by, may
be used by or are intended for use by another person, in whole or in part, to provide a service for or without a
fee, regardless of whether the actual facility owner provides any service as defined herein.
35. Street: Means the pavement and sub-grade of a City residential, collector or arterial roadway.
SECTION 2. Existing Section 5-609 of the Code of Ordinances of the City of Mission Hills,
Kansas is hereby amended to read as follows:
5-609. Use of the Right-of-Way.
A.
The ROW-user’s use of the right-of-way shall in all matters be subordinate to the City’s use or occupation
of the right-of-way. The City may reserve sufficient space within the right-of-way for future public improvements.
Without limitation of its rights, the City expressly reserves the right to exercise its governmental powers now and
hereafter vested in or granted to the City.
B.
The ROW-user shall coordinate the placement of facilities in a manner that does not interfere with
any public improvement and does not compromise the public health, safety or welfare, as reasonably determined
by the City. Where placement is not regulated, the facilities shall be placed with adequate clearance from such
public improvements so as not to impact or be impacted by such public improvements as required by the City’s
Manual of Infrastructure Standards available in the office of the Public Works Director. Such standards shall be
competitively neutral and not unreasonable or discriminatory.
C.
The ROW-user shall consider any request made by the City concerning placement of facilities in private
easements in order to limit or eliminate future street improvement relocation expenses or to address aesthetic
concerns.
D.
All facilities shall be located and laid so as not to disrupt or interfere with any pipes, drains, sewers,
irrigation systems, or other structures or public improvements already installed. In addition, the ROW-user shall,
in doing work in connection with its facilities, avoid, so far as may be practicable, disrupting or interfering with
the lawful use of the right-of-way or other public lands of the City.
E.
All facilities of the ROW-user shall be placed so that they do not interfere with the use of right-of-way
and public lands. The City, through its Public Works Director, shall have the right to consult and review the location,
design and nature of the facility prior to its being installed. The designer is responsible for complying with the
stipulations noted in this ordinance.
F.
Whenever reasonably possible, all newly constructed facilities shall be located underground and
concealed. The ROW-user shall comply with all requirements of the City relating to underground facilities. This
requirement may be waived by the Public Works Director at his/her discretion for safety concerns, or some other
good cause under the condition that does not cause discrimination among ROW-users. If this requirement is waived,
the facilities shall be located as directed by the Public Works Director, including, but not limited to, requirements
regarding location and height. Above-ground facilities shall comply with the Manual of Infrastructure Standards
and all applicable zoning regulations, and be located in a manner that does not compromise the public health,
safety or welfare. The height of any such facility shall not exceed the lesser of: (1) thirty-five (35) feet for residential
or collector streets or forty-five (45) feet for arterial streets; and (2) sixty-six (66) inches above the height of existing
street light poles along the right-of-way surrounding the facility.
G.
The ROW-user shall not interfere with the facilities of the other ROW-users without their permission. If
and when the City requires or negotiates to have a service provider cease using its existing poles and to relocate
its facilities underground, all other service providers using the same poles shall also relocate their facilities
underground at the same time, except transmission equipment, as defined in 47 C.F.R. 1.40001. Provided, any
such relocation shall be subject to the appeal process contained in Section 5-627, as amended.
H.
The Public Works Director may assign specific corridors within the right-of-way, or any particular
segment thereof as may be necessary, for each type of facility that is currently or, pursuant to current technology,
the Public Works Director expects will someday be located within the right-of-way. All right-of-way permits issued
by Public Works Director shall indicate the proper corridor for the ROW-user’s facilities. Any ROW-user whose
facilities are currently in the right-of-way in a position at a variance with the designated corridors shall, no later
than at the time of next reconstruction or excavation of the area where its facilities are located, move the facilities
to its assigned position within the right-of-way, unless this requirement is waived by Public Works Director for
good cause shown, upon consideration of such factors as: the remaining economic life of the facilities; public
health, safety or welfare; user service needs; and hardship to the ROW-user.
I.
If, in the preparation and planning of a right-of-way project, the Public Works Director deems it
appropriate for a conduit to be constructed along, across or under the right-of-way, the Public Works Director
shall contact all appropriate ROW-users for their input on the planning and design of such conduit. If a ROW-user
desires to construct, maintain or operate facilities along such right-of-way, the Public Works Director may require
the ROW-user to use such conduit, and to contribute to the expense of such conduit, provided, however, the
ROW-user use of the conduit is reasonable and appropriate under the circumstances.
J.
All earth, materials, sidewalks, paving, crossings, utilities, other public improvements or improvements
of any kind damaged or removed by the ROW-user shall be fully repaired or replaced promptly by the ROW-user
at its sole expense and to the reasonable satisfaction of the City. Upon determination by the Public Works Director
that such repair or replacement is a public safety matter, all such repair or replacement shall be commenced within
twenty-four (24) hours of notice from the City, or the Public Works Director may direct the City to make such repair
or replacement and bill the ROW-user for the City cost. The Public Works Director has the authority to inspect the
repair or replacement of the damage, and if necessary, to require the ROW-user to do any necessary additional
work.
K.
All technical standards governing construction, reconstruction, installation, operation, testing, use,
maintenance, and dismantling of a ROW-user’s facilities in the right-of-way shall be in accordance with the
Manual of Infrastructure Standards and all applicable federal, state and local law and regulations, including those
promulgated by national trade associations commonly associated with the service provided by the ROW-user.
It is understood that the standards established in this paragraph are minimum standards and the requirements
established or referenced in this ordinance may be in addition to or stricter than such minimum standards. A ROWuser shall not construct or reconstruct any of its facilities located upon, over, under or within the City right-of-way
without first having submitted in writing a description of its planned improvement to the Public Works Director
and having received a permit for such improvement. The Public Works Director may require that any drawings,
plans and/or specifications submitted be certified by a Kansas registered professional engineer stating that such
drawings, plans and/or specifications comply with all applicable technical codes, rules and regulations, unless
such plans are based directly on nationally recognized codes, which are appropriately cited, and attested to on
the plans by the signature of an authorized official of the organization applying for the permit.
L.
The ROW-user shall cooperate promptly and fully with the City and take all reasonable measures
necessary to provide accurate and complete on-site information regarding the nature and horizontal and vertical
location of its facilities located within the right-of-way, both underground and overhead, when requested by the
City or its authorized agent for a public improvement. Such location and identification shall be at the sole expense
of the ROW-user without any expense to the City, its employees, agents, or authorized contractors.
M.
The City shall have the authority to prohibit the use or occupancy of a specific portion of the right-ofway by a ROW-user due to public health, safety or welfare considerations.
SECTION 3. Existing Section 5-610 of the Code of Ordinances of the City of Mission Hills, Kansas
is hereby amended to read as follows:
5-610. Facility Relocation.
A.
The ROW-user shall promptly remove, relocate or adjust any facilities located in the right-of-way as
directed by the City for a public improvement or when reasonably required by the City by reason of public health,
safety or welfare. Such removal, relocation, or adjustment shall be performed by the ROW-user at the ROW-user’s
expense without expense to the City, its employees, agents, or authorized contractors and shall be specifically
subject to rules, regulations and schedules of the City pertaining to such. The ROW-user shall proceed with
relocations at due diligence upon notice by the City to begin relocation.
B.
The ROW-user shall promptly remove, relocate or adjust any facilities located in a private easement,
as directed by the City, for a public improvement, at City expense, by moving such facilities to areas within the
expanded right-of-way or within remaining private easements or remaining portions of such easements not
condemned by nor disclaimed to the City to avoid conflict with City construction and improvements. The ROWuser shall disclaim those parts of its easements which lie within the expanded right-of-way. Should the City, in the
future, elect to require the ROW-user to again relocate its facilities to other areas within the expanded right-of-way,
the cost of any such future relocation shall be borne by the City.
C.
As soon as working drawings are available for public improvements which will require the ROW-user
to relocate its facilities, the City shall provide the ROW-user with written notice of relocations and the anticipated
bid letting date of said improvement. The ROW-user shall respond with any conflicts and a proposed construction
schedule within thirty (30) days.
D.
Following notice by the City in the form of the delivery of final design plans for such public improvements,
the ROW-user shall remove, and relocate its facilities in accordance with the mutually agreed upon schedule,
provided the project is not delayed by adverse weather conditions and other factors beyond the control of the
ROW-user. The ROW-user shall certify to the City, in writing, that its facilities have been relocated or adjusted to
clear construction in accordance with project plans provided by the City.
E.
Any damages suffered by the City, its agents or its contractors to the extent caused by ROW-user’s
failure to timely relocate or adjust its facilities, or failure to properly relocate or adjust such facilities, shall be borne
by the ROW-user.
F.
In the event the ROW-user is required to move its facilities in accordance with this section, any ordinary
right-of-way permit fee shall be waived.
G.
It is the intent of this section for both the City and the ROW-user to cooperate with one another so
that the need for facility relocation is minimized and, when required and feasible, relocations may be completed
prior to receipt of bids by the City for a public improvement.
H. In the event that a ROW-user is required to move it facilities for a private benefit, the ROW-user shall
not bear the cost of the relocation or adjustment to the extent of such private benefit and the ROW-user shall not
be obligated to commence the relocation or adjustment until receipt of funds for such relocation or adjustment.
SECTION 4. Existing Section 5-611 of the Code of Ordinances of the City of Mission Hills, Kansas is
hereby amended to read as follows:
5-611. Protection of the Public.
A.
It shall be the responsibility of the ROW-user to take adequate measures to protect and defend its
facilities in the right-of-way from harm and damage, and shall maintain its facilities in good condition.
B.
The City shall not be liable for any damage to or loss of any of the ROW-user’s facilities within the
right-of-way as a result of or in connection with any construction, excavation, grading, filling or work of any kind,
including public improvements by or on the behalf of the City, except to the extent allowed under Kansas law.
C.
The ROW-user shall be responsible to the City and its agents, representatives, and authorized contractors
for all damages suffered by them including, but not limited to, delay damages, repair costs, construction delays,
penalties or other expenses of any kind arising out of the failure of the ROW-user to timely perform any of its
obligations under this ordinance to the extent caused by the acts or omissions of the ROW-user.
D.
The City or its authorized contractors shall be responsible for taking reasonable precautionary measures
including calling for facility locations when constructing its public improvements.
E.
Any ROW-user who for any purpose makes or causes to be made any excavation in, upon, under,
through or adjoining any street, sidewalk, alley or other right-of-way, and shall leave any part or portion thereof
open, or shall leave any part or portion thereof disrupted with rubbish, building or other material during construction
and/or the night time, shall cause the same to be enclosed with good substantial and sufficient barricades or
drums equipped with the appropriate type warning lights and orange safety fencing material which is properly
secured around the excavation or the disruption.
F.
Whenever a ROW-user shall excavate the full width of any street, sidewalk, alley, driveway approach
or other right-of-way, it shall be its duty to maintain an adequate passage for vehicles and pedestrians across or
around the excavation until it is refilled as specified.
G.
Any excavation left open overnight on any thoroughfare or collector type street shall be securely
covered. The ROW-user assumes the sole responsibility for maintaining proper barricades, plates, safety fencing
and/or lights as required from the time of opening of the excavation until the excavation is surfaced and opened
for travel.
H.
The Public Works Director, upon the review and approval of a plan and details for trimming trees in
the right-of-way, may grant permission by permit to any ROW-user to trim trees upon and overhanging the rightof-way so as to prevent the branches of such trees from coming in contact with the facilities of the ROW-user.
I.
In the event the ROW-user severely disturbs or damages the root structure of any tree in the right-ofway to the detriment of the health and safety of the tree, the ROW-user will be required to remove and replace
CONTINUED ON NEXT PAGE
THE LEGAL RECORD • OCTOBER 18, 2016
PAGE 5
JOHNSON COUNTY PUBLIC NOTICES
CONTINUED FROM PRECEDING PAGE
the tree at the ROW-user’s cost. Further, in review of the ROW-user’s plan, the Public Works Director may require
the ROW-user to directionally bore around any tree in the right-of-way.
J.
Upon the appropriate request of any person having satisfied City procedure and ordinances, the ROWuser shall remove, raise, or lower its facilities temporarily to permit the moving of houses or other structures. The
expense of such temporary removal, raising or lowering shall be paid by the person requesting the same, and
the ROW-user may require such payment in advance. The ROW-user must be given not less than fifteen (15)
days’ written notice from the person detailing the time and location of the moving operations, and not less than
twenty-four (24) hours’ advance notice from the person advising of the actual operation.
K.
The Public Works Director may cause to be removed and encroachment in the right-of-way that creates
a hazard to public health, safety or welfare, and the cost of such removal and restoration of the right-of-way shall
be borne by the ROW-user.
SECTION 5. Existing Section 5-613 of the Code of Ordinances of the City of Mission Hills, Kansas is
hereby amended to read as follows:
5-613. Abandoned and Unusable Facilities.
A.
A ROW-user owning abandoned facilities in the right-of-way must either:
1.
Remove its facilities and replace or restore any damage or disturbance caused by the removal at its
own expense. The Public Works Director may allow underground facilities or portions thereof to remain in place
if the Public Works Director determines that it is in the best interest of public health, safety or welfare to do so.
At such time, the City may take ownership and responsibility of such vacated facilities left in place;
2.
Provide information satisfactory to the City that the ROW-user’s obligations for its facilities in the
right-of-way have been lawfully assumed by another authorized ROW-user; or
3.
Submit to the City a proposal and instruments for transferring ownership of its facilities to the City.
If the ROW-user proceeds under this section, the City may, at its option, purchase the equipment, require the
ROW-user, at its own expense, to remove it, or require the ROW-user to post a bond in an amount sufficient to
reimburse the City for reasonable anticipated costs to be incurred to remove the facilities.
B.
Facilities of a ROW-user who fails to comply with this section, and whose facilities remain unused for
two (2) years, shall be deemed to be abandoned after the City has made a good faith effort to contact the ROWuser, unless the City receives confirmation that the ROW-user intends to use the facilities. Abandoned facilities
are deemed to be a nuisance. The City may exercise any remedies or rights it has at law or in equity, including,
but not limited to, (a) abating the nuisance, (b) taking possession and ownership of the facility and restoring it to
a useable function, or (c) requiring the removal of the facility by the ROW-user.
the public infrastructure.
SECTION 10. Existing Sections 5-603, 5-609, 5-610, 5-611, 5-613, 5-615, 5-617, 5-624 and 5-627
of the Code of Ordinances of the City of Mission Hills, Kansas are hereby repealed.
SECTION 11. This ordinance shall take effect upon its publication in the official City newspaper.
PASSED by the City Council this 10th day of October, 2016. APPROVED by the Mayor.
/s/ Richard T. Boeshaar
Richard T. Boeshaar, Mayor
ATTEST:
/s/ Nicole Shoemaker
Nicole Shoemaker, City Clerk
APPROVED AS TO FORM
/s/ Neil R. Shortlidge
Neil R. Shortlidge, City Attorney
10/18
TREASURER'S QUARTERLY REPORT
First published in The Legal Record, Tuesday, October 18, 2016.
SECTION 6. Existing Section 5-615 of the Code of Ordinances of the City of Mission Hills, Kansas
is hereby amended to read as follows:
5-615. Permit Applications.
A.
Application for a right-of-way permit shall be submitted to the Public Works Director by either the
ROW-user or by the person who will do the work and/or excavation in the right-of-way. Before an application
may be submitted, the applicant must attend a pre-application conference, unless waived by the Public Works
Director.
B.
Right-of-way applications shall contain and be considered complete only upon receipt of the following:
1.
Compliance with verification of registration;
2.
Submission of a completed permit application form, including all required attachments and scaled
drawings showing the location and area of the proposed project including all items specified in section 13-807
and the location of all existing and proposed facilities at such location;
3.
A traffic control plan; and
4.
Payment of all money due to the City for permit fees and costs, for prior excavation costs, for any loss,
damage or expense suffered by the City because of the applicant’s prior excavations of the right-of-way or for
any emergency actions taken by the City, unless the payment of such money is in dispute and timely appealed
as provided hereafter.
C.
All applications shall be processed within the timeframes required by state and federal law.
D.
If an applicant has submitted an application for a permit for the installation, construction, maintenance or
repair of multiple facilities, that applicant may not submit another application for a permit for the installation,
construction, maintenance or repair of multiple facilities until the first application has been approved or
denied. This provision may be waived by the Public Works Director.
SECTION 7. Existing Section 5-617 of the Code of Ordinances of the City of Mission Hills, Kansas is
hereby amended to read as follows:
5-617. Right-of-Way Permit Fees and Costs.
A.
The right-of-way permit fee shall be recommended by the Public Works Director, approved by the
Governing Body and listed in the Schedule of Fees maintained in the City Clerk’s office. An application shall not
be deemed submitted unless the permit fee is paid. The permit fee shall be subject to all state and federal fee
limitations.
B.
The right-of-way permit fee may include a permit and inspection fee and an excavation fee.
C.
Fees paid for a right-of-way permit which is subsequently revoked by the City are not refundable.
D.
Except as provided for in an emergency situation, when a ROW-user is found to have worked or is
working in the right-of-way without having obtained a permit, the fee for the permit will be double the amount
had the ROW-user obtained a permit prior to beginning work.
SECTION 8. Existing Section 5-624 of the Code of Ordinances of the City of Mission Hills, Kansas is
hereby amended to read as follows:
5-624. Denial of Permit.
A.
The Public Works Director may deny a permit or prohibit the use or occupancy of a specific portion
of the right-of-way to protect the public health, safety or welfare, to prevent interference with the safety and
convenience of ordinary travel over the right-of-way, or when necessary to protect the right-of-way and its users.
The Public Works Director, in his/her discretion, may consider all relevant factors including but not limited to:
1.
The extent to which the right-of-way space where the permit is sought is available;
2.
The competing demands for the particular space in the right-of-way;
3.
The availability of other portions of the right-of-way or in other right-of-way for the facilities of the
applicant;
4.
The applicability of any ordinance or other regulations, including City zoning regulations, that affect
location of or other standards for facilities in the right-of-way;
5.
The degree of compliance of the applicant with the terms and conditions of its franchise ordinance,
this ordinance, and other applicable ordinances and regulations;
6.
The degree of disruption to surrounding communities and businesses that will result from the use of
that part of the right-of-way;
7.
The balancing of costs of disruption to the public and damage to the right-of-way, against the benefits
to that part of the public served by the construction in the right-of-way;
8.
Whether the applicant maintains a current registration with the City;
9.
Whether the issuance of a right-of-way permit for the particular dates and/or time requested would cause
a conflict or interferes with an exhibition, celebration, festival, or any other event. In exercising this discretion,
the Public Works Director shall be guided by the safety and convenience of anticipated travel of the public over
the right-of-way.
10. Whether the application complies with the Manual of Infrastructure Standards; or
11. The adverse impact of the facilities or the facilities’ proposed location on any reasonable public interest
necessitated by public health, safety or welfare.
B.
Notwithstanding the above provisions, the Public Works Director may in his/her discretion issue a
right-of-way permit in any case where the permit is necessary to:
1.
Prevent substantial economic hardship to a user of the applicant’s service; or
2.
Allow such user to materially improve the service provided by the applicant.
C.
The Public works Director shall not issue a right-of-way permit for encroachments in the right-of-way
for private purposed that create a safety hazard and would be deemed a public nuisance under the Uniform Public
Offense Code.
D.
Any denial of a wireless telecommunications antenna, tower or related facilities shall, in accordance
with federal and state law, be made in writing and supported by substantial evidence contained in a written record
issued contemporaneously with said decision.
SECTION 9. Existing Section 5-627 of the Code of Ordinances of the City of Mission Hills, Kansas is
hereby amended to read as follows:
5-627. Appeals Process.
A.
Whenever a person shall deem themselves aggrieved by any decision or action taken by the Public
Works Director, the person may file an appeal to the Governing Body within ten (10) calendar days of the date of
notice of such decision or action. Provided, this section shall not apply to any persons who are availing themselves
of the appeal provisions set forth in K.S.A. 66-2019(h)(6), and amendments thereto.
B.
The person shall be afforded a hearing on the matter before the Governing Body within thirty (30) days
of filing the appeal.
C.
In cases of applicability or interpretation of the rules, the Governing Body may revoke such decision
or action taken by the Public Works Director.
D.
In cases where compliance with such decision or action taken by the Public Works Director would
cause undue hardship, the Governing Body may extend the time limit of such decision or action, or may grant
exceptions to, or waive requirements of, or grant a variance from the specific provisions of rules. The Governing
Body shall give due consideration to the purposes of the rules in preserving public safety and convenience, integrity
of public infrastructure, and the operational safety and function of the public right-of-way.
E.
Pending a decision of the Governing Body, the order of the Public Works Director shall be stayed,
unless the Public Works Director determines that such action will pose a threat to public safety or the integrity of
10/18
VEHICLE AUCTION
First published in The Legal Record, Tuesday, October 18, 2016.
Allied Towing & Blue Valley Towing Service impounded vehicles for local police departments and property
owners and they will be sold at public (silent bid) auction on October 27, 2016 for cash to the highest bidder
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 S. Hwy 169 Olathe, KS 66062. Gates open at 8:00 am to view vehicles.
Bidding starts at 10:00 am. Bids must be received by 2 pm and winning bidder will be notified the following
business day. Paperwork $100 Keys $50
1997 Dodge Dakota 1B7GL23XXVS140837
1993 Honda Accord 1HGCB7646PA185221
2000 Pontiac Gr Am 1G2NG52E4YC514388
2002 Nissan Sentra 3N1CB51D22L685410
1994 Honda Accord 1HGCD7251RA015263
2008 Hyundai Accent KMHCM36C68U058750
2003 Pontiac Gr Prix 1G2WK52J83F158194
2000 VW Jetta
3VWSA29M2YM196875
2000 Pontiac Gr Am 1G2NF12T3YM734688
2008 Saab 9-3
YS3FB49Y381153278
2002 Cadillac Deville 1G6KF579X2U119522
2001 Chevy Cavalier 1G1JF12T117380368
2003
1998
1991
1999
2009
2004
2002
2002
2002
1999
1996
1998
Chry Sebring 1C3EL46X83N587990
Honda Accord 1HGCG5649WA026665
Nissan Sentra 1N4EB32A8MC769010
Saturn S Series 1G8ZF5289XZ371468
Hyundai Accent KMHCM36C09U106809
Chevy Impala 2G1WH52K749126858
Chrys Town & Ctry 2C8GP34382R619419
Mitsubishi Galant4A3AA46G42E158339
Mercedes C230 WDBRN47J92A240383
Nissan Altima 1N4DL01D7XC205890
Lincoln Town 1LNLM82W4TY670637
Toyota Camry 4T1BG22K1WU322058
1995 Lexus 300 JT8GK13T0S0082186 Kathy Quick 2 Douglass Lane Kirkwood MO 63122
2008 Ford F250 1FTSW20598EB62447 Elite Construction 302 Industrial Dr Antlers OK 74523
2007 Pontiac Gr Prix 2G2WP552X71193533 Bertha Culver 9405 Connell Dr. Overland Park KS 66212 GMAC
PO Box 8116 Cockeysville MD 21030
1997 Buick Lesabre 1G4HR52K6VH475547
1999 Dodge Caravan 2B4GP44GXXR128395 Jessica Barnes 232 N Buchanan St Olathe KS 66061 Loan Max
1605 E Santa Fe St Olathe KS 6601
2001 Chevy Impala 2G1WH55K219129819 Fredi Hernandez 1022 S Pitt St Olathe KS 66061 Santa Fe Auto
Sales 401 S Kansas Ave Olathe KS 66061
1997 Pontiac Gr Prix 1G2WP5219VF317213 Syreeta Humphrey 3208 Georgia Ave Kansas City, KS 66104
2004 Chevy Cavalier 1G1JC12F647106977 Donald Heskett 441 SW 200th Rd Centerview MO 64019
2002 Dodge Intrepid 2B3HD46R72H282853 Jordan Barker 6313 Cottonwood Dr #23 Shawnee KS 66216
2001 Pontiac Gr Am 1G2NF52E91C126596 Donna Wynn 831 Rosewood St #A Gardner KS 66030
2001 Volvo V70 YV1SW53D811008369 John Sundquist 15438 Robinson St. Overland Park KS 66223
10/18
PAGE 6
THE LEGAL RECORD • OCTOBER 18, 2016
JOHNSON COUNTY PUBLIC NOTICES
NOTICE TO BIDDERS
First published in The Legal Record, Tuesday, October 18, 2016.
CITY OF OVERLAND PARK, KANSAS
TREASURER'S REPORT
of Lenexa
First published in The Legal Record, Tuesday, OctoberCity
18, 2016.
Treasurer's
Report
City of Lenexa
QuarterTreasurer's
Ending 09/30/2016
Report
NOTICE TO BIDDERS
Quarter Ending 09/30/2016
Fund Name
Fund Name
01
02
05
06
10
15
20
21
25
26
27
28
40
41
42
43
44
45
46
47
48
50
51
52
53
54
55
56
57
58
59
61
62
73
75
80
85
86
87
90
General
01
General
Endowment
02 Service
Endowment
Debt
05 Service
DebtReserve
Service - TIF
Debt
06
Debt Service Reserve - TIF
Capital
Improvement
10
Capital Improvement
Grants
15
Grants
Law
Enforcement
Trust
20
Law Enforcement Trust
Legal
Fund
21 Trust
Legal
Trust Fund
Special
25 Highway
Special Highway
Special
26 Alcohol
Special Alcohol
27 Parks
Special
Parks & Recreation
Special
& Recreation
28
& Convention
Tourism
&Tourism
Convention
40 & Recreation
Park & Recreation
Fee Zone
1
Park
Impact Impact
Fee Zone
1
41
Park & Recreation Impact Fee Zone 2
Park
& Recreation
Impact Fee Zone 2
42
Park & Recreation Impact Fee Zone 3
Park & Recreation Impact Fee Zone 3
43
Street Tree Zone 1
Street
Tree
Zone 1
44
Street Tree Zone 2
Street
Zone
2 Zone 3
45 Tree
Street
Tree
Street
46 Tree
TIPZone
Zone31
TIP47Zone TIP
1 Zone 2
TIP48Zone TIP
2 Zone 3
Revitalization District
TIP50Zone Neighborhood
3
51
City Center
TIF
Neighborhood
Revitalization
District
City Center East TIF Bonds
City52Center
TIF
53
Mining TIF District
City Center East TIF Bonds
54
Ridgeview Mining TIF
Mining
TIFSouth
District
55
Mining TIF District
Ridgeview
MiningCorners
TIF CID
56
Orchard
South
TIF
District
57 Mining
Prairie
Creek
CID
Orchard
Corners
CID
58
Quivira 95
CID
59 Creek
Greystone
Prairie
CID Plaza CID
61 95City
Center East #1 CID
Quivira
CID
62
City
Center
East #2 CID
Greystone
Plaza
CID
Facilities
Maintenance
City73Center
East #1
CID
75
Equipment Reserve Fund
City Center East #2 CID
80
Stormwater Management
Facilities
Maintenance
85
Health Plan
Equipment
Reserve
Fund
86
Risk
Management
Stormwater
Management
87
Workers
Compensation
Health
90 Plan
Pension Trust Fund
Capital Projects
Risk Management
Workers Compensation
GrandFund
Total
Pension Trust
Capital Projects
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
Grand Total
Cash account
$
Less investments
Less Pension plan investments
Checking account
Petty cash
Cash account
Less investments
General
obligation
bonds
Less Pension
plan
investments
Checking Temporary
account notes
TIF revenue bonds
Petty cash
$
$
$
$
$
General obligation bonds
Temporary notes
TIF revenue bonds
$
$
$
Beginning
Balance
Beginning
39,451,741.64
Balance $
$
39,451,741.64
37,443.95 $$
$ 17,440,912.28
37,443.95 $$
$
17,440,912.28 $$
229,438.35
$
229,438.35 $
11,561,851.62
$
$
11,561,851.62 $
(5,371.30) $
$
(5,371.30) $
421,987.76
$
$
421,987.76 $
68,096.87
$
68,096.87 $$
- $$
$
372,369.51
$
372,369.51 $$
$
- $$
$
885,197.71 $$
885,197.71
$
830,345.14 $$
830,345.14
$
415,381.35 $
415,381.35
$
$
367,625.41 $
367,625.41 $
$
106,843.32 $
106,843.32
$
$
87,804.32 $
87,804.32
$
184,889.24 $$
184,889.24
$
953,597.49 $$
953,597.49
$
188,197.16 $$
$
454,605.10 $$
188,197.16
$
208,157.07 $$
454,605.10
$
1,396,991.78 $$
208,157.07
$
23,772.19 $
1,396,991.78
$
$
3,223.13 $
23,772.19 $
$
560,463.97 $
3,223.13
$
$
18,085.78 $
560,463.97
$
49,476.07 $$
18,085.78
$
7,249.40 $$
49,476.07
$
3,373.76 $$
$
3,874.52 $$
7,249.40
$
2,630.13 $$
3,373.76
$
1,997.72 $$
3,874.52
$
1,298,906.97
2,630.13 $$
$
2,071,720.56 $
1,997.72 $
$
6,043,025.87 $
1,298,906.97
$
$
6,872,680.09 $
$ 2,071,720.56
1,310,288.77 $$
$ 6,043,025.87
1,554,356.78 $$
$ 6,872,680.09
26,689,359.97 $$
66,520,356.61 $$
1,310,288.77
1,554,356.78 $
$ 26,689,359.97
188,692,948.06 $$
66,520,356.61 $
Revenues
13,161,210.82
Revenues
13,161,210.82
700.00 $
700.00 $
737,950.32
737,950.32
2.22 $
2.22 $
1,773,470.45
1,773,470.45 $
4,993.21
4,993.21 $
13,892.37
13,892.37 $
454.31 $
454.31
343,815.62 $
343,815.62
69,087.28 $
69,087.28
69,087.29
69,087.29 $
248,677.45
248,677.45 $
23,764.29
23,764.29 $
3,744.75 $
3,744.75
10,476.27 $
10,476.27
(156.06) $
(156.06)
(67.11) $
(67.11)$
(239.46)
(239.46)$
18,215.77
18,215.77
3,165.80 $
8,595.76
3,165.80 $
$
8,595.76
-$
- $
926.46 $
$
926.46
$
- $
117,234.29
- $
17,749.59
117,234.29
12,058.49 $
9,429.80 $
17,749.59
8,242.74 $
12,058.49
12,323.70
9,429.80 $
(1,002.42)
8,242.74 $
48,795.08 $
12,323.70
498,744.85 $
(1,002.42)
2,082,853.37 $
48,795.08 $
18,050.46
498,744.85 $
215,258.01
2,082,853.37
961,503.95 $
25,391,317.64
18,050.46 $
215,258.01
45,884,327.36
961,503.95 $
25,391,317.64
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
188,692,948.06
45,884,327.36
$
$ 162,174,600.61
$ 127,962,802.00
$
27,296,540.00
$
6,910,264.12
$
4,994.49
162,174,600.61
$
Ending
Expense
EndingBalance
15,416,862.96
$
37,196,089.50
Expense
Balance
15,416,862.96
$
37,196,089.50
98.90
$
38,045.05
98.90 $
11,086,850.19
$ 38,045.05
7,092,012.41
11,086,850.19
$
227,037.00
$7,092,012.41
2,403.57
227,037.00 $
4,093,935.63 $ 2,403.57
9,241,386.44
4,093,935.63 $
9,241,386.44
7,047.62 $
(7,425.71)
7,047.62 $
(7,425.71)
39,767.45 $ 396,112.68
396,112.68
39,767.45 $
-$
$ 68,551.18
68,551.18
343,815.62
$
343,815.62
$
41,720.40
$ 399,736.39
399,736.39
41,720.40
$
69,087.29
$
69,087.29
$
283,056.81
$
283,056.81
$ 850,818.35
850,818.35
-$
$ 854,109.43
854,109.43
-$
$ 419,126.10
419,126.10
$
378,101.68
$
378,101.68
130.00 $
106,557.26
130.00 $ 82,150.30
106,557.26
5,586.91 $
5,586.91
$ 184,135.86
82,150.30
513.92
$
$ 971,813.26
184,135.86
-513.92
$
-$
$ 191,362.96
971,813.26
-$
$ 463,200.86
191,362.96
100.00 -$
$ 208,057.07
463,200.86
-100.00
$
$1,396,991.78
208,057.07
-$
$ 23,772.19
1,396,991.78
3,012.58 $
1,137.01
$
23,772.19
$
560,463.97
3,012.58
$ 18,085.78
1,137.01
$
$ 38,425.09
560,463.97
128,285.27 -$
$ 6,109.14
18,085.78
18,889.85 -$
128,285.27
$ 4,401.21
38,425.09
11,031.04
$
11,191.35
$
18,889.85
$ 2,112.97
6,109.14
8,535.54
$
11,031.04
$ 2,337.33
4,401.21
20.02 $
11,191.35
$ 14,301.40
2,112.97
57,730.13
$
8,535.54
$1,240,174.42
2,337.33
294,765.82 $
1,825,749.82
20.02 $
14,301.40
3,668,711.06 $
2,873,059.66
57,730.13 $7,576,919.09
1,240,174.42
1,378,614.37 $
294,765.82
$1,297,513.01
1,825,749.82
30,826.22
$
3,668,711.06
$1,674,799.96
2,873,059.66
94,814.83
$
1,378,614.37
$
7,576,919.09
174,961.12
$
27,475,902.80
34,905,674.91
$
57,005,999.34
30,826.22
$
1,297,513.01
94,814.83 $
1,674,799.96
72,402,674.81
$ 162,174,600.61
174,961.12
$
27,475,902.80
34,905,674.91 $
57,005,999.34
72,402,674.81
$
162,174,600.61
This statement is correct
Doug Robinson, City Treasurer
City of Lenexa, Kansas
4,994.49
149,560,000.00
7,525,000.00
6,494,417.80
All bids shall be submitted in sealed envelopes addressed to the City Clerk of Overland Park,
Kansas, and marked “BID FOR: Parks Mowing - 2017-2018.” Copies of plans, specifications,
bid documents and other Contract Documents are on file at the office of the DirectorofParks
Services located at 11921 Hardy, Overland Park, Kansas 66213 . Contractors desiring the
Contract Documents for use in preparing bids may obtain a set of such documents from Director
of Parks Services upon payment of Dollars ($
), which amount is not refundable.
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.
All bidders shall verify that they have considered all written addenda. Neither the City nor the
Consulting Engineer shall be responsible for oral instructions.
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.
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.
127,962,802.00
$ 27,296,540.00
149,560,000.00
$ 6,910,264.12
7,525,000.00
$
6,494,417.80
Sealed bids for Parks Mowing - 2017-2018 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 the 1st of November, 2016. 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.
This statement is correct
Doug Robinson, City Treasurer
City of Lenexa, Kansas
A Pre-Bid Conference will be held at:
11921 Hardy Street
Tuesday, October 25, 2016 - 2:00 p.m.
10/18
Park Headquarters
10/18
PUBLIC NOTICE
First published in The Legal Record, Tuesday, October 18, 2016.
UPDATED PUBLIC NOTICE
October 18, 2016, Replaces information from notice of September 20, 2016
Proposed Amendments to Overland Park’s
2015 and 2016 Community Development Block Grant (CDBG) Annual Action Plans
TREASURER'S QUARTERLY FINANCIAL STATEMENT
First published in The Legal Record, Tuesday, October 18, 2016.
Treasurer's Quarterly Financial Statement
From July 1, 2016 to September 30, 2016
Fund Name
General
Special Highway
Special Alcohol
Special Park and Recreation
Transient Guest Tax
Risk Management Reserve
Equipment Reserve Fund
Capital Improvements
I-35 District CIP Fund
Bond and Interest
TIF A Merriam Town Center
TIF B I-35 District
Special Law Enforcement Trust
TOTAL
Beginning
Balance
$6,483,406.99
356,188.90
0.00
4,474.80
477,123.76
1,027,400.26
1,707,135.10
14,080,790.48
3,908,362.48
744,942.67
2,536,061.03
2,137,935.96
72,429.65
$33,536,252.08
Receipts
$
4,965,810.97
77,684.87
6,736.81
7,932.87
178,693.93
25,736.74
213,753.25
1,987,957.37
5,252.40
106,113.76
0.00
98,737.73
10,249.39
$7,684,660.09
Disbursements
$
Ending
Balance
5,510,150.25
2,898.52
6,736.81
12,407.67
109,817.55
25,639.98
49,743.11
1,575,138.71
24,026.28
839,963.92
0.00
141,159.33
9,365.00
$8,307,047.13
$5,939,067.71
430,975.25
0.00
0.00
546,000.14
1,027,497.02
1,871,145.24
14,493,609.14
3,889,588.60
11,092.51
2,536,061.03
2,095,514.36
73,314.04
$32,913,865.04
Bond Debt
Balance
$5,165,000.00
Debt Issued
$0.00
Debt Retired
$795,000.00
Balance
$4,370,000.00
TOTAL
$5,165,000.00
$0.00
$795,000.00
$4,370,000.00
10/18
/s/ Cynthia L. Ehart, City Treasurer
City of Merriam, Kansas
Overland Park Planning and Development Services Department is requesting that the Governing
Body of the City of Overland Park consider making the following amendments to the 2015 CDBG
Annual Action Plan:
1. The funds originally awarded for a residential street reconstruction project of 71st Terrace:
end of cul-de-sac to Glenwood; Riggs Street: 72nd Street to 71st Street; and Glenwood: 72nd
Street to 71st Street; under the FFY 2015 Annual Action Plan have been withdrawn, leaving a
balance of $285,340 in unexpended funds.
2. The amount originally awarded to SAFEHOME, Inc. under FFY 2015 for repairs to its shelter for
victims of domestic violence have been withdrawn, leaving a balance of $20,000 in unexpended
funds bringing the total amount of FFY 2015 unexpended CDBG funds to $305,340.
Overland Park Planning and Development Services Department is requesting that the Governing
Body of the City of Overland Park consider making the following amendment to the 2016 CDBG
Annual Action Plan:
1. The funds originally awarded for a residential street reconstruction project of 71st Terrace: end
of cul-de-sac to Glenwood; Riggs Street: 72nd Street to 71st Street; and Glenwood: 72nd Street
to 71st Street; under the FFY 2016 Annual Action Plan have been withdrawn, leaving a balance
of $300,000 in unexpended funds.
Overland Park Planning and Development Services Department is requesting that the entire
amount of the above-listed unexpended funds, $605,340, be transferred to eligible activities listed
in the 2016 Annual Action Plan: a residential street reconstruction project of 5,250 feet of Grant
Street between 79th Street and 87th Street and reconstruction of the Sapling Grove parking lot,
as recommended by the Overland Park CDBG Citizens’ Advisory Committee. This amendment
would constitute substantial amendments to both the FFY 2015 and FFY 2016 Annual Action
Plans. The City’s Citizen Participation Plan calls for a 30-day public comment period, beginning
on September 20, 2016, before making these amendments.
The Governing Body of Overland Park will conduct a public hearing on the matter at its regularly
scheduled meeting to be held at 7:30 p.m. on Monday, November 21, 2016 in Council Chambers,
City Hall, 8500 Santa Fe Drive, Overland Park, Kansas 66212.
Comments or questions on these proposed amendments may be addressed to: Judith Paulette,
Neighborhood Services Supervisor or Julie Smith, Grants Program Coordinator, 8500 Antioch
Road, Overland Park, Kansas 66212, by phone at (913) 895-6192, or by email to: Judy.paulette@
opkansas.org or [email protected].
10/18
THE LEGAL RECORD • OCTOBER 18, 2016
PAGE 7
JOHNSON COUNTY PUBLIC NOTICES
ORDINANCE NO. 940
First published in The Legal Record, Tuesday, October 18, 2016.
CITY OF ROELAND PARK, KANSAS
ORDINANCE NO. 940
AN ORDINANCE RELATING TO ZONING; REZONING CERTAIN PROPERTY WITHIN THE CITY
OF ROELAND PARK FROM MXD, PLANNED MIXED-USE DISTRICT TO MXD, PLANNED MIXEDUSE DISTRICT; ORDERING THE OFFICIAL ZONING MAP TO BE CHANGED TO REFLECT SUCH
REZONING; AND AMENDING AND REPEALING EXISTING SECTION 16-403 OF THE CODE OF
THE CITY OF ROELAND PARK, KANSAS TO REINCORPORATE THE OFFICIAL ZONING MAP
AS AMENDED.
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF ROELAND PARK, KANSAS:
SECTION 1.
The rezoning application, preliminary development plan and final development
plan for the property located at the northwest corner of Roe Boulevard and Johnson Drive are hereby approved,
except for sheets A00, A02, B01 through B06, and the bank signage exhibit sheet as submitted on October 10,
2016, which must be submitted for final approval, and the following described property is hereby rezoned from
MXD, Planned Mixed-Use District, to MXD, Planned Mixed-Use District:
TREASURER'S QUARTERLY FINANCIAL STATEMENT
First published in The Legal Record, Tuesday, October 18, 2016.
TREASURER'S QUARTERLY FINANCIAL STATEMENT
CITY OF LEAWOOD, KANSAS
For the period from July 1 through September 30, 2016
This form meets the Requirements of R.S. 12-1608 Supplement 1933
FUNDS
(+1)
Old Balances
General
$ 16,995,151.12
$
7,498,187.31
$
9,411,783.44
$
Special Alcohol
$
383,522.01
$
137,053.37
$
70,774.77
$
449,800.61
Special Highway
$
1,438,051.89
$
229,209.76
$
1,345,906.16
$
321,355.49
All that part of an unplatted tract of land, together with all of Johnson Drive and Roe Avenue rights of way,
Special Parks
$
266,682.57
$
136,812.98
$
130,233.68
$
273,261.87
as established in Book 201304, Page 008328, all lying in the Northwest Quarter of Section 9, Township
Special Law Enforcement
$
43,153.52
$
91.97
$
-
$
43,245.49
12 South, Range 25 East, in the City of Roeland Park, Johnson County, Kansas, described as follows:
American Revolution
$
8,596.16
$
-
$
-
$
8,596.16
Transient Guest Tax
$
305,479.01
$
121,751.29
$
-
$
427,230.30
City Equipment
$ 10,395,526.20
$
33,897.91
$
437,179.77
$
9,992,244.34
Street Improvements
$
2,230,146.24
$
4,709.09
$
140,462.71
$
2,094,392.62
Capital Improvements
$
8,340,339.75
$
170,057.45
$
282,995.00
$
8,227,402.20
1/8 Cent Sales Tax
$
675,708.42
$
223,510.20
$
162,708.92
$
736,509.70
City Capital Art
$
367,040.51
$
781.08
$
9,070.00
$
358,751.59
COMMENCING at the Northeast corner of the Northwest Quarter of Section 9, Township 12 South,
Range 25 East; thence South 01 degree 55 minutes 17 seconds East, along the East line of said
Northwest Quarter, a distance of 1201.19 feet to a point on the Easterly extension of the South line of
Lot 1, Roe Manor Heights, Blocks 14-19, a subdivision in the City of Roeland Park, Johnson County,
Kansas, the POINT OF BEGINNING; thence continuing South 01 degree 55 minutes 17 seconds East,
along said East line, a distance of 417.00 feet to a point on the centerline of Johnson Drive right of
way, as established in Roe Manor Heights, Blocks 17-20, a subdivision in the City of Roeland Park,
Johnson County, Kansas; thence South 68 degrees 08 minutes 45 seconds West, departing said East
line, along said centerline, a distance of 412.91 feet to a point; thence North 21 degrees 51 minutes 15
seconds West, departing said centerline, along a line that is perpendicular to the last described course,
a distance of 29.39 feet to a point on the North right of way line of Johnson Drive, as established in
Book 201304, Page 008328, said point also lying 20.00 feet Northeasterly of the Southeast corner of
Lot 32 of said Roe Manor Heights, Blocks 17-20, as measured along said North right of way line; thence
North 16 degrees 13 minutes 45 seconds East, along said North right of way line and its Northeasterly
extension, a distance of 115.92 feet to a point that is 55.00 feet Easterly of the Northeast corner of
said Lot 32, as measured at right angles to the Easterly line of said Roe Manor Heights, Blocks 17-20;
thence North 01 degree 57 minutes 51 seconds West, departing the Northeasterly extension of said right
of way line, along a line that is 55.00 feet East of and parallel with said East line, a distance of 240.03
feet to a point that is 55.00 feet East of the Northeast corner of Lot 11 of said Roe Manor Heights,
Blocks 17-20, as measured at right angles to said Easterly line; thence North 44 degrees 40 minutes
22 seconds East, departing said parallel line, a distance of 261.89 feet to the Southwest corner of
said Lot 1, Roe Manor Heights, Blocks 14-19; thence North 88 degrees 04 minutes 43 seconds East,
along the South line of said Lot 1 and its Easterly extension, a distance of 172.00 feet to the POINT
OF BEGINNING, containing 160,419 Square Feet or 3.6827 Acres, more or less.
SECTION 2.
In accordance with Section 16-451(d) of the Code of the City of Roeland Park,
Kansas, and amendments thereto, the rezoning approved in Section 1 permits the use of the property for a bank
and a hospital. The hospital facility approved for this MXD district shall not exceed 20,000 square feet and shall
only be designated as a Level IV or V trauma center.
SECTION 3.
The rezoning approved in Section 1 shall be subject to compliance
with the following conditions:
A.
The southeast corner of the property shall be reserved as the site for fulfilling the one
percent (1%) for art requirement of Resolution No. 601, with the Arts Advisory Committee
providing direction on the final design for this area.
B.
Facility signage shall be limited to wall signs on the face of the buildings, with no additional
monument signs.
C.
Noise from the site shall not exceed sixty decibels (60 dBA) at the property line.
D.
Any revisions to the preliminary or final development plan which constitute “substantial
or significant changes” to the approved plan within the meaning of Section 16-324 of the
Code of the City of Roeland Park, Kansas, and amendments thereto, shall be subject to
approval by the City Council.
SECTION 4. It is hereby ordered that the Official Zoning Map, as incorporated by reference in Section
16-403 of the Code of the City of Roeland Park, Kansas, be amended to reflect this rezoning.
SECTION 5. Existing Section 16-403 of the Code of the City of Roeland Park, Kansas, is repealed
and is hereby amended and readopted to read as follows:
16-403. OFFICIAL ZONING MAP. The boundaries of the zoning districts enumerated
in Section 16-402 shall be shown on a map officially designated as the Official Map, which map is
reincorporated by reference as amended.
SECTION 6.
This ordinance shall take effect upon its publication in the official City newspaper.
PASSED by the City Council this 10th day of October, 2016. APPROVED by the Mayor.
Kelley Bohon, City Clerk
APPROVED AS TO FORM:
Neil R. Shortlidge, City Attorney
10/18
(-3)
Disbursements
(=4)
New Balances
15,081,554.99
Park Impact Fees
$
108,000.57
$
807.20
$
-
$
108,807.77
Public Art Fee Impact Fees
$
332,947.88
$
1,572.43
$
-
$
334,520.31
So Lea Traffic Impact Fees
$
270,501.77
$
577.18
$
-
$
271,078.95
135th S. Corridor Impact Fees
$
50,720.81
$
105.83
$
$
50,826.64
Public Safety Improvement Fund
$
4,700,566.26
$
267,591.07
$
1,665.00
$
4,966,492.33
Capital Projects
$ 19,890,407.29
$
35,064,297.18
$
32,885,553.83
$
22,069,150.64
Debt Service Fund
$ 14,063,293.13
$
10,871,804.41
$
17,264,176.31
$
7,670,921.23
Debt Service - Park Place
$
-
$
-
$
-
$
-
Debt Service Fund - One Nineteen $
-
$
-
$
-
$
-
$
541.71
$
-
$
2,122.17
33,191.00
Employee Giving
-
$
1,580.46
Municipal Court
$
142,447.78
$
$
33,125.00
$
142,513.78
Resurrection TDD
$
14,104.52
$
-
$
13,597.50
$
507.02
Cornerstone TDD
$
25,578.65
$
-
$
25,108.58
$
470.07
Villaggio TDD
$
-
$
-
$
-
$
-
One Nineteen TDD
$
-
$
-
$
-
$
Park Place TDD
$
26,335.28
$
-
$
Camelot Court CID
$
24,711.62
$
73,364.26
$
Totals
$ 81,100,593.42
$
54,954,665.58
$
$
84,750.90
Total Available Cash
62,214,340.67
111,086.18
$
98,075.88
$
73,840,918.33
$
73,840,918.33
LIABILITIES AND OBLIGATIONS
Temporary Notes
General Obligation Bonds
Revenue Bonds
Leases
$ 27,690,755.00
$ 46,475,000.00
$
$ 1,868,530.34
Total
$ 76,034,285.34
I do hereby certify that the above statement is correct.
Joel Marquardt, Mayor
ATTEST:
(+2)
Receipts
Signed: /s/Dawn D. Long, City Treasurer
10/18
PAGE 8
THE LEGAL RECORD • OCTOBER 18, 2016
JOHNSON COUNTY PUBLIC NOTICES
NOTICE OF PUBLIC HEARING
First published in The Legal Record, Tuesday, October 18, 2016.
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, November 14, 2016, 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:
SPECIAL USE PERMIT - SUP2016-39 – 10650 Roe Avenue
Legal Description:
Lot 5, Highlands Village Commercial Third Plat, a subdivision of land in the City
of Overland Park, Johnson County, Kansas
E-Cafe, applicant, is requesting a special use permit to allow drinking establishment, for
a three-year period of time. This property is currently zoned CP-2, Planned General
Business District.
SPECIAL USE PERMIT - SUP2016-40 – 7612 West 80th Street
Legal Description:
The east 46 feet of Lot 13 and 14, Block 2, Overland Park, a subdivision of land
in the City of Overland Park, Johnson County, Kansas
Lauri Meyers, applicant, is requesting a special use permit to allow an event space, for
a five-year period of time. This property is currently zoned DFD, Downtown Form
District.
SPECIAL USE PERMIT - SUP2016-41 – Vicinity of the southwest corner of 112th
and Glenwood Streets
Legal Description:
ALL THAT PART OF THE NW 1/4 OF SECTION 17, TOWNSHIP 13, RANGE
25, IN THE CITY OF OVERLAND PARK, JOHNSON COUNTY, KANSAS,
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF LOT 1, BLOCK 3, IN
OVERLAND PARK PLAZA II, A SUBDIVISION OF LAND NOW IN THE CITY OF
OVERLAND PARK, JOHNSON COUNTY, KANSAS, PER THE PLAT THEREOF
RECORDED MAY 1, 1981 IN THE JOHNSON COUNTY RECORDER’S OFFICE
IN BOOK 50, PAGE 16 PER DOCUMENT NUMBER 1322507;
THENCE NORTH 87 DEGREES 53 MINUTES 04 SECONDS EAST, ALONG
THE NORTH LINE OF SAID LOT 1, BLOCK 3, OVERLAND PARK PLAZA II, A
DISTANCE OF 730.59 FEET TO THE TRUE POINT OF BEGINNING OF THE
SUBJECT TRACT; THENCE NORTH 02 DEGREES 06 MINUTES 56
SECONDS WEST, A DISTANCE OF 473.80 FEET; THENCE SOUTH 87
DEGREES 53 MINUTES 04 SECONDS WEST, A DISTANCE OF 125.28 FEET
TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF 112​TH​ STREET, AS
NOW ESTABLISHED; THENCE ALONG SAID EASTERLY RIGHT-OF-WAY
LINE THE FOLLOWING TWO (2) COURSES:
1) NORTH 33 DEGREES 48 MINUTES 28 SECONDS EAST, A DISTANCE
OF 65.17 FEET TO A POINT OF CURVATURE;
2) NORTHEASTERLY, 197.06 FEET ALONG A CURVE TO THE RIGHT,
HAVING A RADIUS OF 698.14 FEET, SUBTENDED BY A LONG CHORD
HAVING A BEARING OF NORTH 41 DEGREES 53 MINUTES 38 SECONDS
EAST AND A LENGTH OF 196.40 FEET TO A POINT ON THE WESTERLY
RIGHT-OF-WAY LINE OF GLENWOOD STREET, AS NOW ESTABLISHED;
THENCE ALONG THE WESTERLY RIGHT-OF-WAY LINE OF GLENWOOD
STREET THE FOLLOWING TWO (2) COURSES:
1) SOUTH 40 DEGREES 01 MINUTE 13 SECONDS EAST, A DISTANCE OF
336.91 FEET, TO A POINT OF CURVATURE;
2) SOUTHEASTERLY, 453.23 FEET ALONG A CURVE TO THE RIGHT,
HAVING A RADIUS OF 1170.00 FEET, SUBTENDED BY A LONG CHORD
HAVING A BEARING OF SOUTH 28 DEGREES 55 MINUTES 22 SECONDS
EAST AND A LENGTH OF 450.40 FEET TO A NORTHEAST CORNER OF
SAID LOT 1, BLOCK 3, OVERLAND PARK PLAZA II; THENCE SOUTH 87
DEGREES 53 MINUTES 04 SECONDS WEST, ALONG THE NORTH LINE OF
SAID LOT 1, BLOCK 3, OVERLAND PARK PLAZA II, A DISTANCE OF 459.52
FEET TO THE TRUE POINT OF BEGINNING.
Waterwalk RE Services LLC, applicant, is requesting a special use permit to allow a
hotel, for an indefinite period of time. This property is currently zoned M-1, Industrial
Park District.
SPECIAL USE PERMIT - SUP2016-42 – 7355 West 162nd Terrace
Legal Description:
A tract of land being described for a Special Use Permit, located in the Southeast
Quarter of Section 18, Township 14 South, Range 25 East, Johnson County,
Kansas. Said Tract being part of the recorded Plat of "Reno Industrial Center,"
as recorded in Book 200312, at page 009440, of the Johnson County, Kansas
Recorder's Office, more particularly described as follows:
Commencing at the Northeast Corner of the Southeast Corner of Section 18,
T14S, R25E, Thence S 87°48'12" W, along the North line of said Southeast
Quarter, a distance of 765.00' to the Northeast Corner of the Plat for "Reno
Industrial Center", as recorded in book 200312, at page 009440, of the Johnson
County, Kansas Recorder's Office, said point being the Point-of-Beginning;
Thence S 87°48'12" W, along said North line, a distance of 786.29' to the
Northwest corner of said Plat; Thence S 02°11'48" E, along the West line of said
Plat, a distance of 389.45'; Thence N 87°48'14" E a distance of 545.56', to the
Easterly line of said Plat; Thence N 34°48'12" E, along the Easterly line of said
Plat, a distance of 400.00'; Thence N 02°11'48" W, along the Easterly line of said
Plat, a distance of 70.00' to the Point-of-Beginning. Said tract contains 6.147
acres, more or less
APAC-Kansas, Inc., applicant, is requesting a special use permit to allow a commercial
mulch bagging and wholesale, for a two-year period of time. This property is currently
zoned MP-2, Planned General Industrial District.
SPECIAL USE PERMIT - SUP2016-43 – Vicinity of the southwest corner of 175th
Street and Kenneth Road
Legal Description:
Tract A, Big Sky at Sundance Ridge 1st Plat, a subdivision of land in the City of
Overland Park, Johnson County, Kansas
Payne & Brockway, P.A., applicant, is requesting a special use permit to allow a sales
trailer, for a five-year period of time. This property is currently zoned R-1, Single-Family
Residential District.
REZONING - REZ2016-16 – Vicinity of the northeast corner of 135th and Grant
Streets
Legal Description:
Tract 1, Barnds Brothers Addition, a subdivision of land in the City of Overland
Park, Johnson County, Kansas.
TKG-Storagemart Partners, LP, applicant, is requesting a rezoning from REC,
Recreational District, to BP, Business Park District, to allow redevelopment of a existing
landscaping company building for self-storage.
REZONING - REZ2016-17 – Vicinity of the northwest corner of 115th Street and
Lamar Avenue
Legal Description:
All that part of the North Half of Section 17, Township 13, Range 25, in the City of
Overland Park, Johnson County, Kansas, more particularly described as follows:
Commencing at the Northeast corner of the NW1/4 of said Section 17; thence S
1° 28’ 35” E, along the East line of the NW1/4 of said Section 17, a distance of
694.38 feet, to a point on the Easterly extension of the South right-of-way line of
West 112th Street, as now established; thence S 87° 53’ 51” W, along the
Easterly extension of the South right-of-way line of said West 112th Street, a
distance of 40.00 feet, to a point on the West right-of-way line of Lamar Avenue,
as now established, said point also being the true point of beginning of subject
tract; thence S 1° 28’ 35” E, along the West right-of-way line of said Lamar
Avenue, a distance of 625.60 feet, to a point of curvature; thence Southerly and
Southeasterly, along the West right-of-way line of said Lamar Avenue, said line
being a curve to the left having a radius of 1240.00 feet and a central angle of
19° 50’ 08”, an arc distance of 429.28 feet, to a point of tangency; thence S 21°
18’ 43”E, along the West right-of-way line of said Lamar Avenue, a distance of
196.68 feet, to a point on the North right-of-way line of West 115th Street, as now
established; thence Westerly and Southwesterly, along the North right-of-way
line of said West 115th Street, said line being a curve to the left having a radius
1440.00 feet, a central angle of 9° 34’ 30” and whose initial tangent bearing is S
67° 05’ 47” W, an arc distance of 240.64 feet, to a point of compound
curvature; thence Southwesterly and Southerly, along the North right-of-way line
of said West 115th Street, said line being a curve to the left having a radius of
1265.00 feet, a central angle of 12° 31’ 01” and whose initial tangent bearing is S
57° 31’ 17” W, an arc distance of 276.36 feet, to a point on the East right-of-way
line of Glenwood Street, as now established; thence Northwesterly and Northerly,
along the East right-of-way line of said Glenwood Street, said line being a curve
to the right having a radius of 1370.00 feet, a central angle of 22° 29’ 27” and
whose initial tangent bearing is N 39° 13’ 09” W, an arc distance of 537.78 feet,
to a point of tangency; thence N 16° 43’ 43” W, along the East right-of-way line of
said Glenwood Street, a distance of 186.02 feet, to a point of curvature; thence
Northerly and Northwesterly, along the East right-of-way line of said Glenwood
Street, said line being a curve to the left having a radius of 1230.00 feet and a
central angle of 23° 16’ 17”, an arc distance of 499.58 feet, to a point of
tangency; thence N 40° 00’ 00” W, along the East right-of-way line of said
Glenwood Street, a distance of 336.91 feet, to a point on the South right-of-way
line of said West 112th Street; thence N 50° 00’ 00” E, along the South
right-of-way line of said West 112th Street, a distance of 84.03 feet, to a point of
curvature; thence Northeasterly and Easterly, along the South right-of-way line
of said West 112th Street, said line being a curve to the right having a radius of
370.00 feet and a central angle of 37° 53’ 51”, an arc distance of 244.73 feet, to a
point of tangency; thence N 87° 53’ 51” E, along the South right-of-way line of
said West 112th Street, a distance of 724.30 feet, to the point of beginning.
Copaken-Brooks Real Estate, applicant, is requesting a rezoning from CP-O, Planned
Office Building District, to MXD, Planned Mixed Use District, to allow office and
multifamily development.
CONTINUED ON NEXT PAGE
THE LEGAL RECORD • OCTOBER 18, 2016
PAGE 9
JOHNSON COUNTY PUBLIC NOTICES
DISTANCE OF 139.82 FEET; THENCE NORTH 2° 07' 31" WEST, A DISTANCE
OF 332.02 FEET; THENCE NORTH 87° 53' 34" EAST, A DISTANCE OF 278.73
FEET; THENCE NORTH 2° 06' 26 " WEST, A DISTANCE OF 71.45 FEET;
THENCE NORTH 87° 53' 34" EAST, A DISTANCE OF 295 FEET; THENCE
SOUTH 2° 06' 26" EAST, A DISTANCE OF 222.49 FEET; THENCE SOUTH 21°
01' 06" WEST, A DISTANCE OF 51.12 FEET; THENCE SOUTH 47° 16' 46"
EAST, A DISTANCE OF 35 FEET TO THE TRUE POINT OF BEGINNING OF
SUBJECT TRACT.
CONTINUED FROM PRECEDING PAGE
DFD CERTIFICATE OF CONFORMITY - AVENUE 81 - DEV2016-79 - Vicinity of the
northeast corner of 81st Street and Metcalf Avenue
Legal Description:
All of lots 18 through 21, the south 15 feet of lot 15 and the south 24.5 feet of lot
22, Kirkbride Place, a subdivision of land in the City of Overland Park, Johnson
County, except that part in highways.
TRACT 3:
ALL THAT PART OF THE SOUTHWEST QUARTER OF SECTION 9,
TOWNSHIP 13, RANGE 25, NOW IN CITY OF OVERLAND PARK, JOHNSON
COUNTY, KANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST
QUARTER OF SAID SECTION 9; THENCE NORTH 2° 06' 26" WEST, ALONG
THE EAST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 9, A
DISTANCE OF 850.23 FEET; THENCE SOUTH 87° 53' 34" WEST ALONG A
LINE PERPENDICULAR TO THE EAST LINE OF THE SOUTHWEST
QUARTER OF SAID SECTION 9, A DISTANCE OF 1422.35 FEET TO A POINT
ON THE NORTHERLY RIGHT-OF-WAY LINE OF 110TH STREET, AS NOW
ESTABLISHED; THENCE SOUTH 42° 43' 14" WEST ALONG THE
NORTHERLY RIGHT-OF-WAY LINE OF SAID 110TH STREET, A DISTANCE
OF 72.90 FEET TO A POINT OF CURVATURE; THENCE SOUTHWESTERLY
AND WESTERLY ALONG THE NORTHERLY RIGHT-OF-WAY LINE OF SAID
110TH STREET, SAID LINE BEING ON A CURVE TO THE RIGHT HAVING A
RADIUS OF 310 FEET AND A CENTRAL ANGLE OF 44° 54' 14", A DISTANCE
OF 242.95 FEET TO A POINT OF TANGENCY; THENCE SOUTH 87° 37' 26"
WEST ALONG THE NORTHERLY RIGHT-OF-WAY LINE OF SAID 110TH
STREET, A DISTANCE OF 343.82 FEET, THENCE NORTH 2° 07' 31" WEST, A
DISTANCE OF 332.02 FEET TO THE TRUE POINT OF BEGINNING OF
SUBJECT TRACT; THENCE CONTINUING NORTH 2° 07' 31" WEST, A
DISTANCE OF 403.68 FEET TO A POINT ON THE SOUTHERLY
RIGHT-OF-WAY LINE OF INTERSTATE HIGHWAY NO. 435, AS NOW
ESTABLISHED; THENCE NORTH 80° 27' 46" EAST, ALONG THE
SOUTHERLY RIGHT-OF-WAY LINE OF SAID INTERSTATE HIGHWAY NO.
435, A DISTANCE OF 281.22 FEET; THENCE SOUTH 2° 06' 26" EAST, A
DISTANCE OF 440.04 FEET, THENCE SOUTH 87° 53' 34" WEST, A
DISTANCE OF 278.73 FEET TO THE TRUE POINT OF BEGINNING.
Metcalf, LLC, ​applicant, is requesting approval of a certificate of conformity with
deviations for the new mixed-use project containing retail and residential use. This
property is currently zoned DFD, Downtown Form District.
REVISED PRELIMINARY PLAN​ ​- OVERLAND ONE - PDP2016-32​ ​–​ ​5454 West
110th Street
Legal Description:
TRACT 1:
THAT PART OF THE SOUTHWEST QUARTER OF SECTION 9, TOWNSHIP
13, RANGE 25, IN THE CITY OF OVERLAND PARK, JOHNSON COUNTY,
KANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING
AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF
SECTION 9; THENCE SOUTH 87° 37' 28" WEST, ALONG THE SOUTH LINE
OF THE SOUTHWEST QUARTER OF SECTION 9,2653.76 FEET TO THE
SOUTHWEST CORNER THEREOF; THENCE NORTH 2° 07' 31" WEST
ALONG THE WEST LINE OF THE SOUTHWEST QUARTER OF SECTION
9,715.18 FEET; THENCE NORTH 87° 52' 29" EAST, ALONG A LINE
PERPENDICULAR TO THE WEST LINE OF THE SOUTHWEST QUARTER OF
SECTION 9, 40 FEET TO THE TRUE POINT OF BEGINNING OF SUBJECT
TRACT, SAID POINT ALSO BEING ON THE EAST RIGHT-OF-WAY LINE OF
NALL AVENUE, AS NOW ESTABLISHED; THENCE NORTH 87° 37' 28" EAST,
578.01 FEET; THENCE NORTH 2° 07' 31" WEST, 735.70 FEET TO A POINT
ON THE SOUTHERLY RIGHT-OF-WAY LINE OF INTERSTATE HIGHWAY NO.
435, AS NOW ESTABLISHED; THENCE SOUTH 80° 27' 46" WEST, ALONG
THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID INTERSTATE HIGHWAY
NO. 435, 537.46 FEET; THENCE SOUTH 3° 13' 29" WEST ALONG THE
SOUTHERLY RIGHT-OF-WAY LINE OF INTERSTATE HIGHWAY NO. 435,
161.04 FEET; THENCE SOUTH 9° 11' 29" WEST ALONG THE SOUTHERLY
RIGHT-OF-WAY LINE OF INTERSTATE HIGHWAY NO. 435, 102 FEET TO A
POINT 50 FEET EAST OF THE WEST LINE OF THE SOUTHWEST QUARTER
OF SECTION 9; THENCE SOUTH 2° 07' 31" EAST, ALONG A LINE 50 FEET
EAST OF AND PARALLEL TO THE WEST LINE OF THE SOUTHWEST
QUARTER OF SECTION 9, 325 FEET; THENCE SOUTH 87° 52' 29" WEST, 10
FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF NALL
AVENUE; THENCE SOUTH 2° 07' 31" EAST ALONG THE EASTERLY
RIGHT-OF-WAY LINE OF NALL AVENUE, 83.53 FEET TO THE TRUE POINT
OF BEGINNING OF SUBJECT TRACT, EXCEPT: ALL THAT PART OF THE
SOUTHWEST QUARTER OF SECTION 9, TOWNSHIP 13, RANGE 25, NOW IN
THE CITY OF OVERLAND PARK, JOHNSON COUNTY, KANSAS, MORE
PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 40
FEET NORTH OF THE CENTERLINE OF 110TH STREET, AS NOW
ESTABLISHED AND 40 FEET EAST OF THE WEST LINE OF THE
SOUTHWEST QUARTER OF SAID SECTION 9, SAID POINT ALSO BEING ON
THE EASTERLY RIGHT-OF-WAY LINE OF NALL AVENUE, AS NOW
ESTABLISHED; THENCE NORTHERLY ALONG A LINE 40 FEET EAST OF
AND PARALLEL TO THE WEST LINE OF THE SOUTHWEST QUARTER OF
SAID SECTION 9, A DISTANCE OF 10 FEET; THENCE SOUTHEASTERLY TO
A POINT ON THE NORTH RIGHT-OF-WAY LINE OF SAID 110TH STREET,
AND 50 FEET EAST OF THE WEST LINE OF THE SOUTHWEST QUARTER
OF SAID SECTION 9; THENCE WESTERLY ALONG THE NORTHERLY
RIGHT-OF-WAY LINE OF SAID 110TH STREET, A DISTANCE OF 10 FEET TO
THE POINT OF BEGINNING.
TRACT 2:
ALL THAT PART OF THE SOUTHWEST QUARTER OF SECTION 9,
TOWNSHIP 13, RANGE 25, NOW IN CITY OF OVERLAND PARK, JOHNSON
COUNTY, KANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST
QUARTER OF SAID SECTION 9; THENCE NORTH 2° 06' 26" WEST, ALONG
THE EAST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 9, A
DISTANCE OF 850.23 FEET; THENCE SOUTH 87° 53' 34" WEST ALONG A
LINE PERPENDICULAR TO THE EAST LINE OF THE SOUTHWEST
QUARTER OF SAID SECTION 9, A DISTANCE OF 1422.35 FEET TO A POINT
ON THE NORTHERLY RIGHT-OF-WAY LINE OF 110TH STREET, AS NOW
ESTABLISHED; THENCE SOUTH 42° 43' 14" WEST ALONG THE
NORTHERLY RIGHT-OF-WAY LINE OF SAID 110TH STREET, A DISTANCE
OF 50 FEET TO THE TRUE POINT OF BEGINNING OF SUBJECT TRACT;
THENCE CONTINUING SOUTH 42° 43' 14" WEST ALONG THE NORTHERLY
RIGHT-OF-WAY LINE OF SAID 110TH STREET, A DISTANCE OF 22.90 FEET
TO A POINT OF CURVATURE; THENCE SOUTHWESTERLY ALONG THE
NORTHERLY RIGHT-OF-WAY LINE OF SAID 110TH STREET, SAID LINE
BEING ON A CURVE TO THE RIGHT HAVING A RADIUS OF 310 FEET AND A
CENTRAL ANGLE OF 27° 21' 40", A DISTANCE OF 148.03 FEET; THENCE
SOUTH 84° 27' 16" WEST, A DISTANCE OF 251.82 FEET; THENCE NORTH 2°
22' 32" WEST, A DISTANCE OF 41.51 FEET; THENCE SOUTH 87° 37' 28"
WEST, A DISTANCE OF 46 FEET; THENCE SOUTH 2° 22' 32" EAST, A
DISTANCE OF 42 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY
LINE OF SAID 110TH STREET; THENCE SOUTH 87° 37' 28" WEST ALONG
THE NORTHERLY RIGHT-OF-WAY LINE OF SAID 110TH STREET, A
Van Trust Real Estate, LLC, is requesting approval of a preliminary development plan to
allow a revised plan for building three office buildings and associated structured
parking. This property is currently zoned CP-O, Planned Office Building District.
10/18
Sent to ​The Legal Record​ for publication on Tuesday, October 18, 2016.
RESOLUTION NO. 876
First published in The Legal Record, Tuesday, October 18, 2016.
10/18
PAGE 10
THE LEGAL RECORD • OCTOBER 18, 2016
JOHNSON COUNTY PUBLIC NOTICES
PUBLIC NOTICE
First published in The Legal Record, Tuesday, October 18, 2016.
10/18