johnson county public notices
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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. Lawyers Support Group The purpose of this group is to provide a safe and confidential place for lawyers to talk about Burnout, Stress, Depression or any other issues which negatively affect your life and/or interfere with your ability to practice law. Receive support and reduce isolation. For information call: toll-free 1-(888) 342-9080 or (785) 368-8275 See Web Page — www.kalap.com Write e-mail — [email protected] 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 (913) 780-5790. 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 the condition, that the attorney(s) submitting the legal notice for publication is responsible for payment of publication charges 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 112TH 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