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THE LEGAL RECORD • NOVEMBER 25, 2014
PAGE JOHNSON COUNTY PUBLIC NOTICES
NOTICE TO BIDDERS
First published in The Legal Record, Tuesday, November 11, 2014.
CITY OF LENEXA
ORDINANCE NO. CON-3063
First published in The Legal Record, Tuesday, November 25, 2014.
ORDINANCE NO. CON-3063
NOTICE TO BIDDERS
Sealed bids for I-435 SB Off-Ramp & 87th Street will be accepted by the City of Lenexa, Kansas at the Community
Development Department, Lenexa City Hall, 12350 West 87th Street Parkway, Lenexa, Kansas 66215, until 1:00 PM
(local time) on December 16, 2014 at which time bids will be publicly opened and read aloud at the Lenexa City
Hall. Any bid received after the designated closing time will not be considered and will be returned unopened.
All bids shall be submitted to the Community Development Department Customer Service Staff (Main Level) in
sealed envelopes addressed to the CITY OF LENEXA, KANSAS, ATTENTION: CITY CLERK, and marked “Bid
for: I-435 SB Off-Ramp & 87th Street” Copies of plans, specifications, bidding documents and other Contract
Documents are on file at:
Drexel Technologies, Inc.
10840 W. 86th Street
Lenexa, KS 66214
Bidders desiring Contract Documents for use in preparing bids may obtain a set of such documents at the address above.
PLANS AND SPECIFICATIONS MAY BE DOWNLOADED FROM THE DREXEL TECHNOLOGIES, INC. WEBSITE
SET FORTH BELOW
http://planroom.drexeltech.com/
NOTE: DAVIS BACON WAGE RATES APPLY TO THIS PROJECT
EACH BIDDER WILL BE RESPONSIBLE FOR ENSURING THAT IT HAS RECEIVED ANY AND ALL ADDENDA ISSUED BY CITY IN ACCORDANCE WITH IB-10 OF THE INSTRUCTIONS TO BIDDERS.
AN ORDINANCE AUTHORIZING AND PROVIDING FOR THE ACQUISITION OF LANDS
OR INTERESTS THEREIN BY CONDEMNATION FOR THE CONSTRUCTION OF A FLOOD
CONTROL PROJECT ALONG INDIAN CREEK TRIBUTARY 5 SOUTHWEST OF 103RD
STREET TO NORTH OF 103RD STREET IN THE CITY OF OVERLAND PARK, JOHNSON
COUNTY, KANSAS (PW PROJECT NO. SD-1281).
WHEREAS, the Governing Body of the City of Overland Park, Kansas, did by Resolution
No. 4089, declare the necessity for the acquisition of certain interests in property, and did authorize
and direct a survey and description of lands or interests therein to be condemned by the City for
certain improvements (the “Survey”); and
WHEREAS, said Survey was filed with the City Clerk of the City of Overland Park, Kansas,
on the 14th day of November, 2014.
NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY
OF OVERLAND PARK, KANSAS:
SECTION 1. It is hereby authorized and provided that the lands or interests therein hereafter
described be acquired for the purpose of constructing certain public improvements, to wit:
CONTRACTORS SHOULD READ AND BE FULLY FAMILIAR WITH ALL CONTRACT DOCUMENTS INCLUDING ADDENDA BEFORE SUBMITTING A BID. IN SUBMITTING A BID, THE BIDDER WARRANTS THAT IT HAS
READ THE CONTRACT DOCUMENTS AND IS FULLY FAMILIAR THEREWITH AND THAT IT HAS VISITED THE
SITE OF THE WORK TO FULLY INFORM ITSELF AS TO ALL EXISTING CONDITIONS AND LIMITATIONS AND
SHALL INCLUDE IN ITS BID A SUM TO COVER THE COST OF ALL ITEMS OF THE WORK AS SPECIFIED IN
THE CONTRACT DOCUMENTS.
The construction of a public flood control project along Indian Creek Tributary 5 near the
intersection of 103rd Street and Connell Drive, to reduce flooding and benefit various
properties adjacent to Indian Creek Tributary 5, including the following locations: part of
Sections 1 and 12, Township 13 South, Range 24 East, including but not limited to, land in
HANOVER, HANOVER SOUTH and WYCLIFF, subdivisions, all of which lie within the
City of Overland Park, Johnson County, Kansas, which will include but not be limited to
storm sewer improvements consisting of excavation, storm sewer and inlet installation,
channel widening, grade control measures, bridge construction, roadway repairs, restoration,
utility relocations, retaining wall construction, design, inspection, and easement acquisition.
No oral telegraphic, telephonic proposals or alterations will be considered. Facsimile transmissions will not be
accepted.
The following items must be included in the sealed envelope with the Bid:
a.
Bid Form;
b.
5% Bid Security--Bid Bond, Cashier’s Check or Certified Check (see below); and
c.
Acknowledgment of Addenda Issued by City.
Each bidder shall file with its bid a bid bond, a cashier’s check or a certified check drawn on an acceptable bank,
made payable to City of Lenexa, Kansas, in an amount equal to five percent (5%) of the total bid, which shall be
retained by City of Lenexa, Kansas until a Contract for the project has been executed. Bid Bonds will be returned
to the bidders, with the exception of the best and lowest and second best and second lowest responsible bidders,
within twenty-one (21) days after their bids are rejected. The bid deposit of the lowest and the second lowest
responsible bidders will be returned when the Performance Bond, Maintenance Bond and Statutory Bond, each in
an amount equal to 100% of the Contract amount; required insurance certificates and other required documents
shall have been furnished and the Contract Documents have been executed by the successful bidder.
In the event the low bidder is unable to execute the Contract, for whatever reason, within the time provided in
the Notice of Award, City may annul the Notice of Award and the bid deposit may be forfeited and City shall
exercise its legal prerogatives, including, but not limited to, enforcement of its rights as to the bid security or
specific performance.
City reserves the right to accept or reject any and all bids and to waive any technicalities or irregularities therein.
Bids may be modified or withdrawn by written request of the bidder received in the office of City Clerk, prior to
the time and date for bid opening.
From and after the release of this Notice, any party intending to bid on the above referenced Project, including
their officers, employees, agents, or contractors are specifically prohibited from communicating with any elected
or appointed official of the City, directly or indirectly, with regard to the award of the contract for the Project listed
above, except as specifically authorized by the Instructions to Bidders. Any such unauthorized communication
may result in the automatic disqualification of such bidder.
ALL BIDDERS AGREE THAT REJECTION SHALL CREATE NO LIABILITY ON THE PART OF CITY BECAUSE OF
SUCH REJECTION, AND THE FILING OF ANY BID IN RESPONSE TO THIS NOTICE SHALL CONSTITUTE AN
AGREEMENT OF THE BIDDER TO THESE CONDITIONS.
If this section is completed, a Pre-Bid Conference will be held at:
Lenexa City Hall, Executive Conference Room
December 9, 2014, at 1:00 P.M.
11/11 11/8 11/25 12/2 12/9
David F. Bryant III
David F. Bryant III, City Clerk
City of Lenexa, Kansas
TRACT NO. 29
OWNER:
David M. Hill and Jacqueline J. Hill
PERMANENT UTILITY EASEMENT
All that part of Lot 4, Block 1 of HANOVER SOUTH, a subdivision in the City of Overland Park as
filed in Book 40, at Page 24 in the Office of Records and Tax Administration (RTA), Johnson
County, Kansas, described this 13th Day of November 2014 as follows:
Commencing at the Southeast corner of said Lot 4; thence S67˚48’44”W (this and all following
bearings are based on the Johnson County Control Network: Rotate Clockwise 1˚58’56” to obtain
plat bearings) along the South line of said Lot 4, a distance of 35.90 feet to a point on the Westerly
line of a drainage and utility easement described in a document found in Book 1213, at Page 632 in
said RTA, said point being the Point of Beginning; thence continuing S67˚48’44”W along said
Southerly line, a distance of 20.37 feet; thence Northerly along a curve to the right having an initial
tangent bearing of N11˚45’23”W and a radius of 205.00 feet, an arc distance of 34.47 feet; thence
N02˚07’26”W, a distance of 33.49 feet to a point on the Northerly line of said Lot 4; thence
N87˚41’51”E along said Northerly line, a distance of 20.00 feet to a point on the Westerly line of
said drainage and utility easement; thence S02˚07’26”E along said Westerly line, a distance of 33.55
feet; thence continuing Southerly along said Westerly line along a curve to the left, tangent to the
last described course, a radius of 185.00 feet, an arc distance of 27.41 feet to the Point of
Beginning; said parcel of land containing 1,289 square feet, more or less.
SECTION 2. It is further authorized and provided that, as soon as practicable after the passage of
this Ordinance, action be initiated to exercise the power of eminent domain in accordance with
K.S.A. 26-501 et seq., the Eminent Domain Procedure Act, to condemn all lands and interests
therein hereinbefore described.
SECTION 3. This ordinance shall take effect and be in force from and after its publication in an
official City newspaper.
VEHICLE AUCTION
First published in The Legal Record, Tuesday, November 18, 2014.
The following vehicles will be sold at 1303 Ott Street, Olathe, KS on November 28, 2014 at 3 pm unless claimed
by the owner and all tow and storage charges are paid in full.
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.
1996 Olds Achieva 1G3N155M5SM311876 NRF
1993 Toyota Camry JT2SK12E7P0135626 NRF
2013 Jeep Gran Cherokee 1C4RJFBG9DC541389 NRF
11/18 11/25
PASSED by the City Council this 17th day of November, 2014.
APPROVED by the Mayor this 17th day of November, 2014.
ATTEST:
NOTICE OF HEARING
First published in The Legal Record, Tuesday, November 25, 2014.
Notice of Hearing
The City of Leawood Board of Zoning Appeals will hold a public hearing on December 17, 2014 at 5:30 p.m. in
the Council Chambers, 4800 Town Center Drive, Leawood, Kansas to consider a request for a variance to the
required Design Standards (60/40 rule) for a parking lot in accordance with the LDO, Section 16-4-5.3(A) (4) in a
BP District for property commonly known as 14200 Overbrook Road, Leawood, Kansas.
If you require special accommodations (i.e. qualified interpreter, hearing assistance, etc.) in order to attend this
meeting, please notify this office (913) 663-9173 at least 48 hours in advance.
Wade Thompson
City of Leawood
11/25
(s) Marian Cook
Marian Cook, City Clerk
APPROVED AS TO FORM:
(s) Tammy M. Owens
Tammy M. Owens
Deputy City Attorney
11/25
(s) Carl Gerlach
Carl Gerlach, Mayor
PAGE THE LEGAL RECORD • NOVEMBER 25, 2014
JOHNSON COUNTY PUBLIC NOTICES
ORDINANCE NO. 2699
First published in The Legal Record, Tuesday, November 25, 2014.
ORDINANCE NO. 2699
SECTION 4. Sales Tax, Assessment and Transient Guest Tax. The Governing Body hereby further
ratifies its finding and determination that no additional sales tax or assessment pursuant to the TDD Act is authorized
as a result of the Petition.
ORDINANCE AMENDING AND RESTATING ORDINANCE NO. 2512 WHICH AUTHORIZED THE CREATION
OF A TRANSPORTATION DEVELOPMENT DISTRICT IN THE CITY OF LEAWOOD, KANSAS; AUTHORIZING
THE DEVELOPMENT OF CERTAIN TRANSPORTATION PROJECT IMPROVEMENTS RELATING THERETO;
APPROVING THE MAXIMUM COSTS OF SUCH TRANSPORTATION PROJECT IMPROVEMENTS; AND PROVIDING FOR THE METHOD OF FINANCING THEREFOR [PARK PLACE DEVELOPMENT] [PROJECT # 80455
& 80458] [TRANSIENT GUEST TAX]
In order to provide funds to finance the costs of the Projects, the Governing Body originally imposed a 7%
city wide transient guest tax on the revenue from hotel and motel rooms which was subsequently increased to 8%
(such tax at 7%, 8% or any other rate is referred to herein as the “Transient Guest Tax”). An amount of the Transient
Guest Tax revenues collected from the room revenues in the Transportation District, which tax revenue equals 5.5 of
the 7% tax (78.57% of 7%), 5.5 of the 8% tax (68.75% of 8%) and 5.5 of the percentage points of any other rate of
the Transient Guest Tax shall be used, subject to annual appropriation, for (a) payment of the TDD Bonds issued by
the City in accordance with K.S.A. 12-17,145, and/or (b) payment of any costs of the Projects by periodic payment
or reimbursement (on a pay as you go basis) to PPI; provided, however, notwithstanding the foregoing, until PPI has
been paid an amount not to exceed $3,327,472 by the City for approved expenses associated with the Hotel Floor
of Garage A and approximately 55-60 spaces of the Hotel Garage from proceeds generated by the Transient Guest
Tax and any taxes collected pursuant to the transportation development district sales tax authorized pursuant to City
Ordinance No. 2698, all of the revenues from the Transient Guest Tax shall be paid to PPI, subject to City’s Governing
Body’s discretion to annually appropriate Transient Guest Tax revenues.
WHEREAS, the Transportation Development District Act, K.S.A. 12-17,140 et seq. (the “Act”) authorizes
the governing body of any city or county to create transportation development districts within such jurisdiction, to
acquire interests in property and to construct any project or undertaking relating thereto to improve any bridge, street,
road, highway access road, interchange, intersection, signing, signalization, parking lot, bus stop, station, garage,
terminal, hangar, shelter, rest area, dock, wharf, lake or river port, airport, railroad, light rail or other mass transit
facility, streetscape or any other transportation related project (collectively, “transportation projects”); and
WHEREAS, the Act further authorizes said governing body, in order to pay the costs of such transportation
projects, to impose a transportation district sales tax on the seller of tangible personal property at retail or rendering
or furnishing services within transportation districts in any increment of .10% or .25% not to exceed 1.0%, to levy
special assessments upon property within such transportation districts and/or to appropriate available funds to pay
the costs of such transportation projects and to issue revenue bonds payable from sales taxes, special assessments
and/or such appropriated funds; and
WHEREAS, by Charter Ordinance No. 38, the City of Leawood, Kansas (the “City”) elected to exempt
itself from and make inapplicable to it, K.S.A. 12-1696, 12-1697(a), 12-1698(e) and 12-16101, and amendments
thereto, and the Governing Body of the City did levy a transient guest tax (the “Transient Guest Tax” as described
herein) for the purpose of providing funds to among other things promote economic development, convention and
tourism and related expenses; and
WHEREAS, the City and Park Place Investors, LLC, a Kansas limited liability company formerly known
as Park Place Developers, L.L.C. (“PPI”) heretofore entered into and delivered a Development Agreement dated
October 17, 2005, as amended (the “TDD Development Agreement”) regarding the land east of Nall Avenue between
117th Street and Town Center Drive as described on Schedule I, and the City, PPI and Park Place Village, L.L.C., a
Kansas limited liability company (“PPV”) entered into and delivered a Development Agreement for use of Transient
Guest Tax for construction of Hotel Garage Improvements in the Park Place Development dated as of October 15,
2007, as amended (the “Hotel Development Agreement” and collectively with the TDD Development Agreement, the
“Development Agreements”), regarding the use of the Transient Guest Tax; and
WHEREAS, a Petition for Creation of Transportation Development District (the “Original Petition”) was filed
with the City Clerk of the City of Leawood, Kansas (the “City”), on September 19, 2011 proposing the creation of a
transportation development district, the development of transportation projects relating thereto and the appropriation
of Transient Guest Tax revenues in order to pay the costs of such transportation projects; and
SECTION 5. Inconsistences Rescinded. To the extent any of terms of this Ordinance are inconsistent
with the provisions of Ordinance No. 2512, Ordinance No. 2512 is hereby rescinded.
SECTION 6. Effective Date. This Ordinance shall take effect and be in full force from and after its
passage by the governing body and publication in the official City newspaper.
PASSED by the governing body of the City of Leawood, Kansas this 17th day of November, 2014.
APPROVED by the Mayor this 17th day of November, 2014.
[SEAL]
/s/ Peggy J. Dunn
Peggy J. Dunn, Mayor
Attest:
/s/ Debra Harper
Debra Harper, City Clerk
APPROVED AS TO FORM
/s/ Patricia A. Bennett
Patricia A. Bennett, City Attorney
WHEREAS, following a public hearing, the Governing Body of the City did find and authorize that certain
improvements be made on certain real property described on Schedule I attached hereto and incorporated hereby,
and passed Ordinance No. 2512 creating a transportation development district; and
WHEREAS, a First Amended and Restated Petition for Creation of Transportation Development District
was filed with the City Clerk of the City on September 19, 2014 (the “First Restated Petition”) increasing the amount
of costs that may be financed by the City and providing the method of financing such costs as provided in the Development Agreements; and
WHEREAS, said First Restated Petition was signed by the owners of record, whether resident or not, of
all of the land area within the proposed transportation district; and
WHEREAS, the Act provides that prior to creating any transportation district, the governing body shall,
by resolution, direct and order a public hearing on the advisability of creating such transportation district and the
construction of such transportation projects therein, and give notice of the hearing by publication at least once each
week for two consecutive weeks in the official City newspaper and by certified mail to all property owners within
the proposed transportation district, the second publication to be at least seven days prior to the hearing and such
certified mail sent at least ten days prior to such hearing; and
WHEREAS, the Governing Body of the City adopted Resolution No. 4333 on October 20, 2014 directing
that a public hearing on the First Restated Petition for the transportation district within the City be held on November
17, 2014 and requiring that the City Clerk provide for notice of such public hearing as set forth in the Act; and
WHEREAS, a Notice of Public Hearing containing the following information: (a) the time and place of
the hearing; (b) the general nature of the proposed transportation projects; (c) the maximum cost of the proposed
transportation projects; (d) the proposed method of financing the transportation projects; (e) the proposed amount
of the transportation development district sales tax; (f) the proposed amount of any special assessments and the
method of assessment; and (g) the map or boundary description of the proposed transportation district, was mailed
(by certified mail) to all property owners within the proposed transportation district on October
22
, 2014 and published once each week for two consecutive weeks in The Legal Record, the official City
newspaper, on October 28, 2014 and November 4, 2014; and
WHEREAS, on November 17, 2014, the Governing Body of the City conducted a public hearing on
the proposed revisions to the transportation district, the transportation projects, the maximum cost thereof and the
method of financing the same; and
WHEREAS, the Governing Body of the City hereby finds and determines it to be advisable to amend and
restate Ordinance No. 2512 creating a transportation district in accordance with the First Restated Petition, set forth the
boundaries thereof, authorize transportation projects relating thereto, approve the maximum cost of such transportation
projects and approve the method of financing the same, all in accordance with the provisions of the Act.
SAS:
THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LEAWOOD, KAN-
SECTION 1. Creation of Transportation Development District; Boundaries. The Governing Body of
the City hereby ratifies its finding and determination of the advisability to create, in accordance with the provisions of
the Act, and does hereby ratify the creation of a transportation development district within the City (the “Transportation
District”). The boundaries of the Transportation District are generally described as follows:
The Transportation District is bounded by Nall Avenue on the west, 117th Street on the south and southeast
and Town Center Drive on the north.
The legal description of the property contained in the Transportation District is set forth on Schedule I
attached hereto and incorporated by reference herein. A map generally outlining the boundaries of the proposed
Transportation District is attached as Schedule II hereto and incorporated herein by this reference.
SECTION 2. Authorization of Transportation District Projects; Maximum Costs. The Governing Body
of the City hereby further ratifies its finding and determination that it is advisable to authorize the following described
transportation district projects (the “Projects”) within the Transportation District, to wit:
CONTINUED ON NEXT PAGE
One approximately three to seven story parking structure, containing approximately 500-700 parking spaces
intended to serve a planned hotel and other buildings (the “Hotel Garage”) and one level of a separate
parking structure, which level will provide parking for the existing hotel (the “Hotel Floor of Garage A”),
and such other related appurtenances thereto as are required by final plans approved by the City.
The maximum cost of the Projects is $12,227,472. Such costs include without limitation, all engineering, administration, legal, inspection and construction costs associated with the Projects.
SECTION 3. Method of Financing. The Governing Body of the City hereby further ratifies its finding and determination that a portion of the cost of the Projects may, in the discretion of the Governing Body,
be financed through (a) the City’s issuance of special obligation bonds (the “TDD Bonds”) in an amount not to
exceed $4,300,000, which TDD Bonds would be payable from revenue received from the Transient Guest Tax as
may be annually appropriated as provided in Section 4 hereof, and (b) $3,327,472 (subject to repayment in part
in certain circumstances as provided in the Development Agreements) of which may be financed by payment
or reimbursement (on a “pay as you go” basis) by the City from Transient Guest Tax revenues as may be annually
appropriated by the City’s Governing Body and certain sales tax revenues as further set forth in the Development
Agreements. Any TDD Bonds so issued will be paid solely from the Transient Guest Tax revenue as described in
Section 4 hereof. No full faith and credit notes or bonds will be issued by the City to finance the Projects. Any
TDD Bonds will be privately placed and sold to (i) institutional investors including, without limitation, insurance
companies, funds and state or federally chartered financial institutions, and/or (ii) PPI and/or Park Place Partners,
L.L.C. and/or entities related to or affiliated with either of them.
NOTICE OF HEARING
First published in The Legal Record, Tuesday, November 25, 2014.
Notice of Hearing
The City of Leawood Board of Zoning Appeals will hold a public hearing on December 17, 2014 at 5:30 p.m.
in the Council Chambers, 4800 Town Center Drive, Leawood, Kansas to consider a request for a fence height
exception in accordance with the LDO, Section 16-4-9.4 in an R-1 District for property commonly known as 8719
High Drive, Leawood, Kansas.
If you require special accommodations (i.e. qualified interpreter, hearing assistance, etc.) in order to attend this
meeting, please notify this office (913) 663-9173 at least 48 hours in advance.
Wade Thompson
City of Leawood
11/25
THE LEGAL RECORD • NOVEMBER 25, 2014
PAGE JOHNSON COUNTY PUBLIC NOTICES
CONTINUED FROM PRECEDING PAGE
RESOLUTION NO. 4358
First published in The Legal Record, Tuesday, November 25, 2014.
RESOLUTION NO. 4358
RESOLUTION CALLING FOR A PUBLIC HEARING TO BE HEARD ON MONDAY, DECEMBER 15, 2014, AT
7:30 P.M., OR AS SOON THEREAFTER AS MAY BE HEARD, REGARDING AMENDMENTS TO THE 2014
FISCAL BUDGET FOR THE CITY OF LEAWOOD, KANSAS
WHEREAS, the City of Leawood, Kansas desires to conduct a Public Hearing to consider amendments
to the 2014 Fiscal Budget for the City of Leawood, Kansas; and
WHEREAS, the City directs a public hearing to be held on Monday, December 15, 2014, at 7:30 P.M.,
or as soon thereafter as may be heard, and publish notice of same in the official city newspaper.
KANSAS:
NOW, THEREFORE BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF LEAWOOD,
SECTION ONE:
That a public hearing is hereby ordered to be held by the Governing Body of
the City of Leawood, Kansas, on Monday, December 15, 2014, at 7:30 P.M., or as soon thereafter as may be
heard, at the Leawood City Hall, 4800 Town Center Drive, Leawood, Johnson County, Kansas, for the purpose of
considering amendments to the 2014 Fiscal Budget.
SECTION TWO:
That the City Clerk of Leawood, Kansas, shall give notice of the aforesaid public
hearing by publication in the official City newspaper, in accordance with K.S.A. § 75-2929, et seq., attached hereto
as Exhibit “A,” and incorporated herein by reference as if fully set out.
PASSED by the Governing Body this 17th day of November, 2014.
APPROVED by the Mayor this 17th day of November, 2014.
[SEAL]
ATTEST:
/s/ Peggy J. Dunn
Peggy J. Dunn, Mayor
/s/ Debra Harper
Debra Harper, CMC, City Clerk
APPROVED AS TO FORM:
/s/ Patricia A. Bennett
Patricia A. Bennett, City Attorney
Exhibit ‘A”
NOTICE OF PUBLIC HEARING
NOTICE OF PUBLIC HEARING TO CONSIDER THE AMENDMENTS TO THE 2014 FISCAL BUDGET FOR
THE CITY OF LEAWOOD, JOHNSON COUNTY, KANSAS.
NOTICE IS HEREBY GIVEN that the Governing Body of the City of Leawood, Kansas, shall meet for the purpose
of holding a public hearing in the City Council Chambers at Leawood City Hall, 4800 Town Center Drive, Leawood,
Kansas at 7:30P.M., or as soon thereafter as may be heard, on Monday, December 15, 2014 to consider the
amendments to the 2014 Fiscal Budget for the City of Leawood, Kansas.
The hearing may be adjourned from time to time, as deemed necessary by the Governing Body. All persons desiring to be heard with reference to the amendments to the 2014 Fiscal Budget will be heard at said time.
DEBRA HARPER, CMC
CITY CLERK
11/24
ORDINANCE NO. 902
First published in The Legal Record, Tuesday, November 25, 2014.
SUMMARY OF ORDINANCE NO. 902
entitled:
On November 17, 2014, the governing body of the City of Roeland Park, Kansas passed an ordinance
AN ORDINANCE AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF GENERAL OBLIGATION BONDS, SERIES 2014-A, OF THE CITY OF ROELAND PARK, KANSAS; PROVIDING FOR
THE LEVY AND COLLECTION OF AN ANNUAL TAX FOR THE PURPOSE OF PAYING THE PRINCIPAL OF AND INTEREST ON SAID BONDS AS THEY BECOME DUE; AUTHORIZING CERTAIN
OTHER DOCUMENTS AND ACTIONS IN CONNECTION THEREWITH; AND MAKING CERTAIN
COVENANTS WITH RESPECT THERETO.
The Series 2014-A Bonds approved by the Ordinance are being issued in the principal amount of
$650,000, to finance certain internal improvements in the City, and constitute general obligations of the City payable as to both principal and interest, to the extent necessary, from ad valorem taxes which may be levied without
limitation as to rate or amount upon all the taxable tangible property, real and personal, within the territorial limits
of the City. A complete text of the Ordinance may be obtained or viewed free of charge at the office of the City
Clerk, 4600 W. 51st Street, Roeland Park, Kansas. A reproduction of the Ordinance is available for not less than
7 days following the publication date of this Summary at www.roelandpark.net.
11/25
This Summary is hereby certified to be legally accurate and sufficient pursuant to the laws of the State
of Kansas.
DATED: November 17, 2014.
11/25
/S/ Neil Shortlidge
City Attorney
NOTICE OF HEARING
First published in The Legal Record, Tuesday, November 25, 2014.
Notice of Hearing
MEETING CANCELLATION
First published in The Legal Record, Tuesday, November 25, 2014.
CITY OF MERRIAM, KANSAS
CITY PLANNING COMMISSION
The City of Leawood Board of Zoning Appeals will hold a public hearing on December 17, 2014 at 5:30 p.m. in
the Council Chambers, 4800 Town Center Drive, Leawood, Kansas to consider a request for a variance for the
placement of a fence in accordance with the LDO, Section 16-4-9.3(D) and a request for a fence height exception
in accordance with the LDO, Section 16-4-9.4 in an R-1 District for property commonly known as 12314 Pawnee
Lane, Leawood, Kansas.
The December 3, 2014 Merriam Planning Commission meeting has been cancelled due to lack of items.
If you require special accommodations (i.e. qualified interpreter, hearing assistance, etc.) in order to attend this
meeting, please notify this office (913- 663-9173 at least 48 hours in advance.
11/25
CITY OF MERRIAM, KANSAS
CITY PLANNING COMMISSION
RUSS HARMON, SECRETARY
Wade Thompson
City of Leawood
11/25
PAGE THE LEGAL RECORD • NOVEMBER 25, 2014
JOHNSON COUNTY PUBLIC NOTICES
ORDINANCE NO. 2698
First published in The Legal Record, Tuesday, November 25, 2014.
ORDINANCE NO. 2698
ORDINANCE AMENDING AND RESTATING ORDINANCE NO. 2511 WHICH AUTHORIZED THE CREATION
OF A TRANSPORTATION DEVELOPMENT DISTRICT FOR THE PARK PLACE PROJECT LOCATED EAST OF
NALL AVENUE BETWEEN 117TH STREET AND TOWN CENTER DRIVE IN THE CITY OF LEAWOOD, KANSAS;
AUTHORIZING THE DEVELOPMENT OF CERTAIN TRANSPORTATION PROJECT IMPROVEMENTS RELATING
THERETO; APPROVING THE MAXIMUM COSTS OF SUCH TRANSPORTATION PROJECT IMPROVEMENTS;
AND PROVIDING FOR THE METHOD OF FINANCING THEREFOR [PARK PLACE DEVELOPMENT] [PROJECT
80455 & 80458]
WHEREAS, the Transportation Development District Act, K.S.A. 12-17,140 et seq. (the “TDD Act”)
authorizes the governing body of any city or county to create transportation development districts (“transportation
districts”) within such jurisdiction, to acquire interests in property and to construct any project or undertaking relating
thereto to improve any bridge, street, road, highway access road, interchange, intersection, signing, signalization,
parking lot, bus stop, station, garage, terminal, hangar, shelter, rest area, dock, wharf, lake or river port, airport,
railroad, light rail or other mass transit facility, streetscape or any other transportation related project (collectively,
“transportation projects”); and
WHEREAS, the Act further authorizes said governing body, in order to pay the costs of such transportation projects, to impose a transportation district sales tax on the selling of tangible personal property at retail or
rendering or furnishing services within transportation districts in any increment of .10% or .25% not to exceed
1.0%, to levy special assessments upon property within such transportation districts and to appropriate other available funds for such purposes, and to issue revenue bonds payable from such sales taxes, special assessments
and/or appropriated funds; and
WHEREAS, a Petition for Creation of Transportation Development District (the “Original Petition”) was filed
with the City Clerk of the City of Leawood, Kansas (the “City”), on July 30, 2004 proposing the creation of a transportation district, the development of transportation projects relating thereto and the imposition of a transportation district
sales tax and property tax assessments in order to pay the costs of such transportation projects; and
WHEREAS, following a public hearing, the Governing Body of the City did find and authorize that certain
improvements be made on certain real property described on Schedule I attached hereto and incorporated hereby,
and passed Ordinance No. 2084 creating a transportation development district; and
WHEREAS, the City and Park Place Investors, LLC, a Kansas limited liability company formerly known
as Park Place Developers, L.L.C. (“PPI”) heretofore entered into and delivered a Development Agreement dated
October 17, 2005, as amended (the “TDD Development Agreement”) regarding the land east of Nall Avenue between
117th Street and Town Center Drive as described on Schedule I, and the City, PPI and Park Place Village, L.L.C., a
Kansas limited liability company (“PPV”) entered into and delivered a Development Agreement for use of Transient
Guest Tax for construction of Hotel Garage Improvements in the Park Place Development dated as of October 15,
2007, as amended (the “Hotel Development Agreement” and collectively with the TDD Development Agreement, the
“Development Agreements”), regarding the use of the transient guest tax; and
WHEREAS, a First Amended and Restated Petition for Creation of Transportation Development District
was filed with the City Clerk of the City on September 19, 2011 (the “First Restated Petition”), increasing the amount
of costs that may be paid through the issuance of special obligations bonds pursuant to Ordinance No. 2084 and
providing the method of financing such cost; and
WHEREAS, the First Restated Petition was accepted by the Governing Body of the City, and following a
public hearing, the Governing Body of the City did pass Ordinance No. 2511 amending and restating Ordinance No.
2084 creating the transportation development district and increasing costs payable through the issuance of special
obligation bonds and ratifying the method of financing such costs; and
WHEREAS, a Second Amended and Restated Petition for the Creation of Transportation Development
District was filed with the City Clerk of the City on September 19, 2014 (the “Second Restated Petition”) increasing
the amount of costs that may be financed by the City and providing the method of financing such costs as provided
in the Development Agreements; and
WHEREAS, said Second Restated Petition was signed by the owners of record, whether resident or not,
of all of the land area within the proposed transportation district; and
WHEREAS, the Act provides that prior to creating any transportation district, the governing body shall,
by resolution, direct and order a public hearing on the advisability of creating such transportation district and the
construction of such transportation projects therein, and to give notice of the hearing by publication at least once
each week for two consecutive weeks in the official City newspaper and by certified mail to all property owners within
the proposed transportation district, the second publication to be at least seven days prior to the hearing and such
certified mail sent at least ten days prior to such hearing; and
WHEREAS, the Governing Body of the City adopted Resolution No. 4332 on October 20, 2014 directing
that a public hearing on the revised terms proposed by the Second Restated Petition for the transportation district
within the City be held on November 17, 2014 and requiring that the City Clerk provide for notice of such public
hearing as set forth in the Act; and
WHEREAS, a Notice of Public Hearing containing the following information: (a) the time and place of
the hearing; (b) the general nature of the proposed transportation projects; (c) the maximum cost of the proposed
transportation projects; (d) the proposed method of financing the transportation projects; (e) the proposed amount
of the transportation development district sales tax; (f) the proposed amount of any special assessments and the
method of assessment; and (g) the map or boundary description of the proposed transportation district, was mailed
(by certified mail) to all property owners within the proposed transportation district on October
22
, 2014, and published once each week for two consecutive weeks in the official City newspaper, on
October 28, 2014 and November 4, 2014; and
WHEREAS, on November 17, 2014 the Governing Body of the City conducted a public hearing on the
proposed revisions to the transportation district, the transportation projects, the maximum costs thereof, the method
of financing the same, and the transportation district sales tax; and
WHEREAS, the Governing Body of the City hereby finds and determines it to be advisable to amend and
restate Ordinance No. 2511 creating a transportation district in accordance with the terms of the Second Restated
Petition, set forth the boundaries thereof, authorize transportation projects relating thereto, approve the maximum
costs of such transportation projects and approve the method of financing the same, all in accordance with the
provisions of the Act.
WHEREAS, the TDD Act does not provide and was not intended to provide an exclusive methodology
for providing and financing municipal improvements and does not expressly authorize or prohibit the methodology
for levying assessments set forth herein.
THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LEAWOOD, KANSAS
ACTING PURSUANT TO THE TDD ACT AND THE CITY’S HOME RULE AUTHORITY TO DETERMINE ITS LOCAL
AFFAIRS AND GOVERNMENT AS AUTHORIZED BY ARTICLE 12, SECTION 5 OF THE KANSAS CONSTITUTION (THE “HOME RULE AUTHORITY” AND COLLECTIVELY WITH THE TDD ACT, THE “ACT”) THAT THE
FOLLOWING FINDINGS BE MADE.
SECTION 1. Creation of Transportation Development District; Boundaries. The Governing Body of
the City hereby ratifies its finding and determination of the advisability to create, in accordance with the provisions of
the Act, and does hereby ratify the creation of a transportation development district within the City (the “Transportation
District”). The boundaries of the Transportation District are generally described as follows:
The Transportation District is generally located at the southeast corner of Nall Avenue and Town Center
Drive in Leawood, Kansas, bounded by Nall Avenue on the west, 117th Street on the south and Town
Center Drive on the north, and contains approximately 28.55 acres more or less.
The legal description of the property contained in the Transportation District is set forth on Schedule I.
A map generally outlining the boundaries of the proposed Transportation District is attached as Schedule II hereto
and incorporated herein by this reference.
SECTION 2. Authorization of Transportation District Projects; Maximum Costs. The Governing Body
of the City hereby further ratifies its findings and determination that it is advisable to authorize the following described
transportation district projects (the “Projects”) within the Transportation District, to wit:
Construction of two approximately seven-story garages, containing approximately 700 parking spaces, one
approximately three to seven story parking structure, containing approximately 500-700 parking spaces
intended to serve a planned hotel and other buildings (the “Hotel Garage”) and one level of a separate
parking structure, which level will provide parking for the existing hotel (the “Hotel Floor of Garage A”),
and such other related appurtenances as are required by final plans approved by the City.
The Governing Body hereby finds and determines that the maximum cost of the Projects is $28,727,472 (to include
up to $3,327,472 of improvements to the Hotel Floor of Garage A and the Hotel Garage) of which no more than
$18,327,472 will be financed by the City’s issuance of special obligation bonds (which in no event shall exceed
$15,000,000 principal amount) and/or periodic payment or reimbursement by the City (on a so called pay as you go
basis) to PPI with proceeds of any transportation development district sales tax and annually appropriated Transient
Guest Tax Revenues, if any (but not more than $3,327,472 in the aggregate), as more fully described in Section 3
below. Such costs include without limitation, all engineering, administration, legal, inspection and construction costs
associated with the Projects.
SECTION 3. Method of Financing. The Governing Body of the City hereby ratifies its finding and
determination that a portion of the cost of the Project may, in the discretion of the Governing Body, be financed
through the City’s issuance of special obligation bonds (the “TDD Bonds”) and it hereby finds and determines that
the amount of TDD Bonds shall be in an amount not to exceed $15,000,000, which TDD Bonds would be payable
from (a) revenue received from any transportation district sales tax levied within the Transportation District as
provided in Section 4 hereof, and/or (b) any special assessments levied against property within the Transportation
District as provided in Section 5 hereof;
provided, however, to the extent the cost of the Projects exceed the amount of the TDD Bonds, if any, issued by
the City, the owners of property within the Transportation District shall be responsible for the balance of such costs.
Any TDD Bonds so issued will be paid solely from the revenue generated by the imposition of the transportation
district sales tax and/or from special assessments levied against the property within the Transportation District
as described in Section 5 hereof. No full faith and credit notes or bonds will be issued by the City to finance the
Projects. Any TDD Bonds will be privately placed and sold to (i) institutional investors including, without limitation,
insurance companies, funds and state or federally chartered financial institutions, and/or (ii) Park Place Village,
L.L.C., Park Place Partners, L.L.C. and/or entities related to or affiliated with either of them.
A portion of the cost of the Projects (not to exceed $3,327,472 subject to repayment in certain circumstances as provided in the Development Agreements) may, in the discretion of the Governing Body, be financed
through periodic payment or reimbursement, for a period not to exceed 22 years from the date the first such payment is made, to PPI by the City (on a pay as you go basis) with the proceeds of any transportation development
district sales tax authorized, levied and collected by the City in accordance with K.S.A. Supp. 12-17,148 and the
TDD Act in an amount not to exceed $3,327,472 [taking into account any Transient Guest Tax Revenues applied in
accordance with the Development Agreements and subject to reimbursement in certain circumstances as provided
in the Development Agreements].
SECTION 4. Transportation District Sales Tax. In order to provide funds to finance the costs of the
Projects, the Governing Body previously found and determined and hereby ratifies its determination to impose, in
accordance the provisions of the Act, a transportation district sales tax within the Transportation District at a rate to be
determined by the Governing Body but not to exceed 1.00% on the selling of tangible personal property at retail or
rendering or furnishing services within the Transportation District (the “Sales Tax”), and the Governing Body may
(1) pledge the revenue therefrom to the payment of any TDD Bonds issued as provided in Section 3 above (not to
exceed $15,000,000) and/or (2) reimburse PPI for the Projects on a pay as you go basis (not to exceed $3,327,472
less any Transient Guest Tax Revenues applied thereto as provided in the Development Agreements).
SECTION 5. Method of Assessment. When all or a portion of the Project will be financed with TDD
Bonds, the Governing Body, pursuant to K.S.A. 12-17,143, may levy special assessments against the property in
the District in an amount sufficient to provide payment of the principal of and interest on 25% of the total of any
TDD Bonds which may be issued (not to exceed $15,000,000) in equal installments over a 22 year period. If special
assessments are levied, the individual parcels of property in the District will be assessed based on the assessed
value of the property (land and improvements) in the District so that each year an equal amount will be assessed
against all of the property in the District based on each individual parcel’s assessed value as measured against
the assessed value of all of the property in the District. The special assessment for each parcel within the District
will be calculated each year by multiplying the equal annual amount by a fraction, the numerator of which shall be
the assessed value (land and improvements) for each individual parcel within the District and the denominator of
which shall be the total assessed value (land and improvements) of all of the parcels within the District.
For example, if in year one the total amount to be assessed against all of the property in the District is $300,000, the
total assessed value (land and improvements) for all of the property in the District is $1,000,000 and the assessed
value (land and improvements) for Parcel X within the District is $200,000, a special assessment of $60,000 would
be levied against Parcel X in year one ($300,000 x $200,000/$1,000,000 = $60,000). Every year, the special assessment
for each parcel within the District will be recalculated based on the foregoing formula. No assessments may be
levied against the City at large and no full faith and credit notes or bonds will be issued by the City to finance the
Project. The petitioners and their successors and assigns irrevocably waive the right to prepay the special assessments and the right to challenge the assessment method described herein and this waiver shall be binding
upon all successors and assigns and shall run with all the land within the District.
The assessments, with accrued interest, shall be levied as a special tax upon the property comprising
the District at the same time as general property taxes and shall be payable in annual installments (the sum of
the foregoing assessments levied on the entire District each year shall be the same amount each year), as the
Governing Body of the City shall determine. The owners of record of the property, or their respective successors
and assigns, shall pay the costs associated with the calculation of the assessment set forth in this section no
later than 30 days after receipt of written notice to pay the same delivered by the City.
Assessments against each lot, piece or parcel of land deemed benefitted shall be determined in the
manner provided herein and an assessment roll shall be prepared. The proposed assessment roll shall be filed
with the City Clerk and be open for public inspection. The City Clerk, at the direction of the Governing Body, shall
publish notice that the Governing Body will meet to consider the proposed assessments. Such notice shall be
published in a newspaper at least once not less than 10 days prior to such meeting of the Governing Body and
shall state the date, time and place of such meeting, and the general nature of the improvement, and its cost, the
extent of the District proposed to be assessed, and that written or oral objections will be considered at such a
hearing. At the same time, the City Clerk shall mail to the owners of the property made liable to pay the assessment, at their last known post office address, a notice of the hearing and a statement of the cost proposed to be
assessed against the land so owned and assessed; but the failure of any owner to receive such notice shall not
invalidate the proceedings.
At such meeting, or at any adjournment thereof, the Governing Body shall hear and pass upon all
such objections to each proposed assessment, if any, and may amend the proposed assessments as to any
parcels, and thereupon by ordinance levy the same as the special assessments against the lands described in
the assessment roll. The assessments, with accrued interest, shall be levied as a special tax upon the property
included therein concurrent with general property taxes. The first installment shall be payable at the time of the
first payment of general property taxes following the adoption of the assessment ordinance unless such ordinance
was adopted and certified too late to permit its collection at such time. All assessments shall bear interest at
such rate as the Governing Body determines, not to exceed the maximum rate of interest prescribed by K.S.A.
10-1009, and amendments thereto.
Interest on the assessment between the effective date of the ordinance levying the assessment and
the date the first installment is payable, but not less than the amount of interest due during the coming year on any
outstanding bonds issued to finance the improvement, shall be added to the first installment. The interest for one
year on all unpaid installments shall be added to each subsequent installment until paid. All of the installments,
together with the interest accrued or to accrue thereon, may be certified by the City Clerk to the County Clerk in
one instrument at the same time, and such certification shall be good for all of the installments, and the interest
thereon payable as special taxes. Such assessment shall be collected and paid over to the City Treasurer in the
same manner as other taxes of the City are collected and paid. No owner of property so assessed shall have the
right to prepay the whole or any portion of the assessments against such property.
No suit to set aside the said assessments or otherwise question the validity of the proceedings shall
be brought after expiration of thirty (30) days from the publication of the ordinance fixing the annual amounts to
be assessed against the District and the initial assessments against the individual properties within the District.
Each year the amount to be assessed against the lots, pieces and parcels of property within the District
shall be recalculated as of March 1 in the manner provided herein, and the City Clerk shall mail to the owners of
property liable to pay the assessment, at their last known addresses a statement of the assessment proposed to
be levied against such property for the ensuing tax year; but the failure of any owner to receive such statement
shall not invalidate the proceedings. The owners of each such lot, piece and parcel of property shall have a period
of thirty (30) days to raise objections to the calculation of the amount of the assessment to be so levied for such
tax year. The Governing Body shall hear and pass upon such objections, if any, and may amend the proposed
assessment to any one or more lots, pieces or parcels of property. The determination of the Governing Body of
the amount of the assessment shall be final and conclusive. Thereupon the City Clerk shall certify the amounts so
determined to the County Clerk to be levied as an assessment against the properties so benefitted.
Upon notice and hearing as provided for in the original assessment, the Governing Body may make
supplemental assessments to correct omissions, errors or mistakes in the assessment relating to the total cost of
the improvement. When an assessment is, for any reason whatsoever, set aside by a court of competent jurisdiction as to any parcel or parcels of land, or in the event the Governing Body finds that the assessment or any part
CONTINUED ON NEXT PAGE
THE LEGAL RECORD • NOVEMBER 25, 2014
JOHNSON COUNTY PUBLIC NOTICES
PAGE CONTINUED FROM PRECEDING PAGE
thereof is excessive or determines on advice of counsel in writing, that it is or may be invalid for any reason, the
Governing Body may, upon notice and hearing as provided for the original assessment, make a reassessment or
a new assessment as to such parcel or parcels.
SECTION 6. To the extent any of the terms of this ordinance is inconsistent with the provisions of Ordinance No. 2511, Ordinance No. 2511 is hereby rescinded.
Authority.
SECTION 7. This ordinance is intended to supplement the TDD Act by authority of the Home Rule
SECTION 8. The City Clerk is directed to file a copy of this ordinance with the Register of Deeds of
Johnson County, Kansas, within five days of the adoption of this ordinance.
SECTION 9. Effective Date. This Ordinance shall take effect and be in full force from and after its
passage by the governing body and publication in the official City newspaper.
PASSED by the Governing Body of the City of Leawood, Kansas this 17th day of November, 2014.
APPROVED by the Mayor this 17th day of November, 2014.
[SEAL]
ATTEST:
/s/ Peggy J. Dunn
Peggy J. Dunn, Mayor
/s/ Debra Harper
Debra Harper, City Clerk
APPROVED AS TO FORM
/s/ Patricia A. Bennett
Patricia A. Bennett, City Attorney
11/25
NOTICE OF PUBLIC HEARING
First published in The Legal Record, Tuesday, November 25, 2014.
City of Roeland Park, Kansas
PUBLIC HEARING
The Planning Commission of the City of Roeland Park, Kansas will meet on Tuesday, December 16th, 2014, at 7
p.m. at the Roeland Park City Hall located at 4600 W. 51st St. The purpose of the meeting is to consider an addition to definitions in Section 16-201; to define setback requirements for detached/accessory structures in Section
16-407; to set guidelines for metal roof installations on residentially zoned properties in Section 16 Article 4; to
remove Section 16-915 concerning “Political Signs and restructure the guidelines for special events in Section
16-703 concerning non-profit, religious, educational or community service organizations; and, to make grammatical changes in and throughout Chapter XVI of the Code of the City of Roeland Park, Kansas. Copies of all
proposed changes are available for inspection and copying at Roeland Park City Hall.
11/25
ORDINANCE NO. 5412
First published in The Legal Record, Tuesday, November 25, 2014.
Ordinance No. 5412 Summary
On November 18, 2014, the City of Lenexa, Kansas passed Ordinance No. 5412, rezoning approximately 171.149
acres of property located in the vicinity north of Highway K-10 near the future Ridgeview Road, from the existing AG, Agricultural; RP-3, Planned Residential (Medium-High Density); CP-2, Planned Community Commercial
and BP-2, Planned Manufacturing Zoning Districts to CP-3, Planned Regional Commercial Zoning District. The
complete text of this ordinance is available free of charge at www.lenexa.com or at the Lenexa City Hall, City
Clerk’s Office, 12350 West 87th Street Parkway, Lenexa, KS 66215. This summary is certified by Cindy Harmison,
City Attorney.
November 19, 2014
11/25
ORDINANCE NO. 5411
First published in The Legal Record, Tuesday, November 25, 2014.
Ordinance No. 5411 Summary
On November 18, 2014, the City of Lenexa, Kansas passed Ordinance No. 5411, rezoning approximately 4.89
acres of property located in the vicinity of the northwest corner of 79th Street and Allman Road, 7802 Allman Road,
from R-1, Residential Single-Family to RP-E, Planned Residential Estate Zoning District. The complete text of this
ordinance is available free of charge at www.lenexa.com or at the Lenexa City Hall, City Clerk’s Office, 12350 West
87th Street Parkway, Lenexa, KS 66215. This summary is certified by Cindy Harmison, City Attorney.
November 19, 2014
11/25
NOTICE OF HEARING
First published in The Legal Record, Tuesday, November 25, 2014.
Notice of Hearing
The City of Leawood Board of Zoning Appeals will hold a public hearing on December 17, 2014 at 5:30 p.m. in
the Council Chambers, 4800 Town Center Drive, Leawood, Kansas to consider a request for a variance to the
side yard build line for the placement of a fence in accordance with the LDO, Section 16-4-9.3 (A) and a variance
to the location requirements for a pool slide in accordance with the LDO, Section 16-4-1.2 (A) in an RP-1 District
for property commonly known as 14583 Granada Circle, Leawood, Kansas.
If you require special accommodations (i.e. qualified interpreter, hearing assistance, etc.) in order to attend this
meeting, please notify this office (913) 663-9173 at least 48 hours in advance.
11/25
ORDINANCE NO. 5410
First published in The Legal Record, Tuesday, November 25, 2014.
Ordinance No. 5410 Summary
On November 18, 2014, the City of Lenexa, Kansas passed Ordinance No. 5410, renewing a special use permit
for a five (5) year term to allow the continued use of a golf course, known as Smiley’s, to be located at 10195
Monticello Terrace within the AG, Agricultural Zoning District. The complete text of this ordinance is available
free of charge at www.lenexa.com or at the Lenexa City Hall, City Clerk’s Office, 12350 West 87th Street Parkway,
Lenexa, KS 66215. This summary is certified by Cindy Harmison, City Attorney.
November 19, 2014
11/25
PAGE THE LEGAL RECORD • NOVEMBER 25, 2014
JOHNSON COUNTY PUBLIC NOTICES
ORDINANCE NO. 901
First published in The Legal Record, Tuesday, November 25, 2014.
CITY OF ROELAND PARK, KANSAS
ORDINANCE NO. 901
AN ORDINANCE RELATING TO UNLAWFUL DISCRIMINATORY PRACTICES; AMENDING AND
REPEALING SECTIONS 5-1202 AND 5-1203 OF THE CODE OF THE CITY OF ROELAND PARK,
KANSAS.
/S/ Kelley Bohon____________
Kelley Bohon, City Clerk
APPROVED AS TO FORM:
/S/ Neil Shortlidge
Neil R. Shortlidge, City Attorney
11/25
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF ROELAND PARK, KANSAS:
SECTION 1. Section 5-1202 of the Code of the City of Roeland Park, Kansas, adopted as Section 3 of
Ordinance No. 894 to take effect on January 1, 2015, is hereby amended to read as follows:
5-1202. UNLAWFUL PRACTICES
(a)
(b)
It shall be an unlawful discriminatory practice for a business, because of the race, religion, color, sex,
disability, national origin, ancestry, sexual orientation, gender identity or military status of any person to
refuse to hire or employ such person to bar or discharge such person from employment or to otherwise
discriminate against such person in compensation or in terms, conditions or privileges of employment;
to limit, segregate, separate, classify or make any distinction in regards to employees; or to follow any
employment procedure or practice which, in fact, results in discrimination, segregation or separation
without a valid business necessity.
It shall be an unlawful discriminatory practice for a business to discriminate against any person in the
terms, conditions or privileges of sale or rental of real property or rental housing, or in the provision
of services or facilities in connection therewith, because of race, religion, color, sex, disability, familial
status, national origin, ancestry, sexual orientation, gender identity or military status, or to discriminate
against any person in such person’s use or occupancy of rental housing because of the race, religion,
color, sex, disability, familial status, national origin ancestry, sexual orientation, gender identity, or
military status of the people with whom such person associates.
(c)
It shall be an unlawful discriminatory practice for any business, as defined herein being the owner,
operator, lessee, manager, agent or employee of any place of public accommodation, to refuse, deny
or make a distinction, directly or indirectly, in offering its goods, services, facilities, and accommodations to any person as covered by this Article because of race, religion, color, sex, disability, national
origin, ancestry, sexual orientation, gender identity, or military status. Notwithstanding the above,
nothing in this Article shall be construed to prevent any business as defined in this Article from offering, affording or providing any additional benefit or additional discount to a person because of such
person’s military status.
(d)
Nothing in this Article shall be construed to mean that a business shall be forced to hire unqualified
or incompetent personnel, or discharge qualified or competent personnel.
(e)
Nothing in this Article shall prohibit an employer from requiring an employee, during the employee’s
hours at work, to adhere to reasonable dress or grooming standards not prohibited by other provisions
of Federal, State, or local law.
(f)
(g)
WHEREAS, on August 4, 2014 the Governing Body passed Resolution No. 4293 adopting the City
budget for fiscal year 2015; and
WHEREAS, the Governing Body deems it advisable to authorize the payment of claims from the budget
on a continuing basis in order to benefit from discounts for early payment; to avoid the assessment of penalties
for late payment; and to promote administrative efficiency and convenience.
NOW, THEREFORE, BE IT ORDAINED BY THE GOVENING BODY OF THE CITY OF LEAWOOD,
JOHNSON COUNTY, KANSAS:
SECTION ONE:
Effective January 1, 2015, there is hereby appropriated the amount set up in
each fund of the budget for fiscal year 2015 for the payment of all claims and charges against each fund. Payments of all claims and charges against each fund shall be made by combination of checks and warrants, drawn
by the Chief Financial Officer and countersigned by the Mayor and the City Clerk, or by any other means, provided
by law; provided, however, that such officers, prior to paying any claim, shall audit and approve such claim as
correct, due and unpaid; and such officers shall at all times comply with the provisions of the Budget Law and
the Cash Basis Law of the State of Kansas.
SECTION TWO:
That the payment of all claims and charges against the respective accounts
and funds provided in the budget for the year 2015 is hereby authorized, ratified and approved.
That the City Clerk is hereby directed to publish this ordinance once in the
SECTION FOUR:
This ordinance shall become effective January 1, 2015.
Nothing in this Article shall prohibit a religious organization, association or society, or any nonprofit
institution or organization operated, supervised or controlled by or in conjunction with a religious
organization, association or society, from limiting the sale, rental or occupancy of real property which
it owns or operates for other than a commercial purpose to persons of the same religion, or from giving preference to such persons, unless membership in such religion is restricted on account of race,
color, national origin or ancestry. Nor shall anything in this Article prohibit a nonprofit private club in
fact not open to the public, which as an incident to its primary purpose or purposes provides lodgings
which it owns or operates for other than a commercial purpose, from limiting the rental or occupancy
of such lodgings to its members or from giving preference to its members.
PASSED by the Governing Body this 17th day of November, 2014.
APPROVED by the Mayor this 17th day of November, 2014.
Nothing in this Article shall be construed to require any entity subject to this Article to make changes
requiring a building permit to any existing facility, except as otherwise required by law. Any construction
after enactment of this Article shall ensure individual privacy in all restrooms, public shower spaces
and dressing rooms.
ATTEST:
5-1203. ENFORCEMENT.
Any person aggrieved by an alleged violation of this Article may file a complaint with the City Clerk on a
form to be provided by the City. Any such complaint must be filed within 60 days after the alleged act of
discrimination. The complaint shall be referred to a mediator for non-binding mediation. Participation in
mediation shall be voluntary on the part of the person charged with violating this Article. The mediator
shall either be a person agreed upon by the complainant and the person accused of the violation or,
if no such agreement can be reached within a reasonable time following the filing of the complaint, a
person selected by the City to serve as the mediator. Any fees charged by the mediator shall be split
equally between the parties, unless at the conclusion of the mediation, the mediator assesses the
costs of mediation in some other manner.
(i)
Any mediation hereunder shall be conducted in accordance with procedures to be established by the
mediator.
(j)
If, within 15 days of the conclusion of the mediation, either party notifies the City Clerk in writing that
such person is dissatisfied with the results of the mediation, or if the person charged with violating
the provisions of this Article elects not to participate in mediation, the complaint shall be referred to
the Investigator for investigation.
(k)
After initial investigation by the Investigator or such person as may be assigned to investigate the
complaint by the Investigator, the Investigator shall make a determination whether there is sufficient
evidence of discrimination to conduct a hearing on the complaint. If the Investigator determines
that there is not sufficient evidence of discrimination to conduct a hearing on the complaint, the
complaint shall be dismissed and the fees of the Investigator for investigation of the complaint shall
be assessed against the complainant. Upon a finding of sufficient evidence to warrant a hearing and
upon reasonable notice to the complainant and the person charged with violating the provisions of
this Article, the Investigator shall refer the matter to the Hearing Officer who shall conduct a hearing
on the complaint. At such hearing, the parties and the Investigator shall be entitled to call witnesses
and to present such other evidence as appropriate. The hearing shall be conducted in accordance
with such procedures as may be established by the Hearing Officer, but the rules of evidence used
in courts of law need not be strictly enforced. Following the conclusion of the hearing, the Hearing
Officer may announce a determination or may take the matter under advisement for determination
at a later date. Any determination of the Hearing Officer shall be in writing, shall be based upon the
preponderance of the evidence and shall set forth the essential elements of the determination. If the
Hearing Officer finds that a violation of this Article has occurred, the Hearing Officer may award to the
complainant actual damages, or a civil penalty in the amount of $500.00, whichever is greater, for each
violation. In addition, the Investigator’s fees and the Hearing Officer’s fees shall be assessed to the
non-prevailing party unless the Hearing Officer determines that the circumstances warrant assessing
the costs in some other manner.
(l)
ORDINANCE APPROPRIATING THE AMOUNTS SET UP IN EACH FUND IN THE BUDGET FOR FISCAL
YEAR 2015, PROVIDING FOR THE PAYMENT OF ALL CLAIMS AND CHARGES AGAINST THE ACCOUNTS
PROVIDED FOR THEREIN; AND APPROVING AND RATIFYING THE PAYMENT OF ALL CLAIMS AGAINST
THE ACCOUNTS
SECTION THREE:
official City paper.
SECTION 2.
Section 5-1203 of the Code of the City of Roeland Park, Kansas, adopted as Section 4
of Ordinance No. 894 to take effect on January 1, 2015, is hereby amended to read as follows:
(h)
ORDINANCE NO. 2700
First published in The Legal Record, Tuesday, November 25, 2014.
ORDINANCE NO. 2700
[SEAL]
/s/ Debra Harper
Debra Harper, CMC, City Clerk
APPROVED AS TO FORM:
/s/ Patricia A. Bennett
Patricia A. Bennett, City Attorney
11/25
NOTICE OF PUBLIC HEARING
First published in The Legal Record, Tuesday, November 25, 2014.
NOTICE OF PUBLIC HEARING
CITY COUNCIL
CITY OF OVERLAND PARK, KANSAS
Notice is hereby given that the City Council of Overland Park, Kansas, will hold a public
hearing Monday, December 15, 2014, at 7:30 p.m., in the City Council Chamber of City Hall,
8500 Santa Fe Drive, in consideration of the following items to-wit:
DRAINAGE EASEMENT VACATION – VAC-3064 – 14000 Russell Street
Partial Drainage Easement Vacation
A partial vacation of a 15 foot wide Permanent Drainage Easement, filed in Book 6331,
Page 125, being all that part of Tract 3A, Survey of Lots 2 and 3, Corbin Crossing,
Second Plat, a subdivision in the City of Overland Park, Johnson County, Kansas, and
whose sidelines are lengthened or foreshortened to terminate at their respective
property lines, described as follows:
COMMENCING at Northeast corner of the Southwest Quarter of Section 32, Township
13 South, Range 25 East; thence South 01 degree 58 minutes 08 seconds East along
the East line of the Southwest Quarter of said Section 32, a distance of 820.11 feet to a
point; thence South 88 degrees 01 minute 52 seconds West a distance of 1116.18 feet
to a point on the centerline of a 15 foot Permanent Drainage Easement filed in Book
6331, Page 125; thence North 00 degrees 57 minutes 22 seconds West along the
centerline of said Permanent Drainage Easement a distance of 16.27 feet to a point on
the South line of Tract 3A, Survey of Lots 2 and 3, Corbin Crossing, Second Plat, a
subdivision in the City of Overland Park, Johnson County, Kansas, said point also being
the POINT OF BEGINNING; thence continuing North 00 degrees 57 minutes 22
seconds West along the centerline of said Permanent Drainage Easement a distance of
97.62 feet to a point; thence North 30 degrees 57 minutes 22 seconds West along the
centerline of said Permanent Drainage Easement a distance of 27.30 feet to a point on
the Westerly line of said Tract 3A, and the POINT OF TERMINATION, containing 1,874
Square Feet or 0.0430 Acres, more or less.
Any person aggrieved by a determination of the Hearing Officer under this Section or any determination
of insufficient evidence to warrant a hearing made by the Investigator, may appeal that determination to
the District Court of Johnson County, Kansas, in accordance with K.S.A. 60-2101(d), and amendments
thereto. On appeal, the district court may enter such order or judgment as justice shall require, and
may award court costs and reasonable attorney fees to the prevailing party.
(m) The filing of a complaint for the alleged violation of this Article shall in no way preclude any person
from seeking other relief under state or federal law.
SECTION 3. Sections 5-1202 and 5-1203 in effect as of January 1, 2015, are repealed as of the
effective date of this ordinance.
SECTION 4. This ordinance shall take effect and be in force from and after January 2, 2015.
PASSED by the City Council the 17th day of November, 2014. APPROVED by the Mayor.
ATTEST:
/S/ Joel Marquardt
Joel Marquardt, Mayor
/s/Peggy J. Dunn
Peggy J. Dunn, Mayor
AG Spanos Construction, Inc., applicant, is requesting a vacation of a drainage easement at
14000 Russell Street.
11/25
Sent to The Legal Record for publication on November 25, 2014, and December 2, 2014.
THE LEGAL RECORD • NOVEMBER 25, 2014
PAGE JOHNSON COUNTY PUBLIC NOTICES
ORDINANCE NO. 900
First published in The Legal Record, Tuesday, November 25, 2014.
CITY OF ROELAND PARK, KANSAS
ORDINANCE NO. 900
AN ORDINANCE RELATING TO MEETINGS AND PROCEDURES OF THE GOVERNING BODY;
AMENDING AND REPEALING EXISTING SECTION 1-205 OF THE CODE OF THE CITY OF ROELAND
PARK, KANSAS; AMENDING SECTIONS 23, 27 AND 42 OF THE “CODE OF PROCEDURE FOR
KANSAS CITIES, SECOND EDITION”; MAKING AN ADDITION TO THE “CODE OF PROCEDURE
FOR KANSAS CITIES, SECOND EDITION”; ADDING NEW SECTIONS 1-219, 1-220, 1-221 AND
1-222 TO THE CODE OF THE CITY OF ROELAND PARK, KANSAS.
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF ROELAND PARK, KANSAS:
SECTION 1. Existing Section 1-205 of the Code of the City of Roeland Park, Kansas, is hereby amended to
read as follows:
1-205. MEETINGS. The regular meetings of the Governing Body shall be held on the third Monday of
each month at 7:00 p.m. in the Council Chambers of the Roeland Park City Hall, 4600 W. 51st Street,
Roeland Park, Kansas, or at such other location as may be designated in a notice of meeting. In case
the third Monday of any month falls on a holiday, the regular meeting shall be held on the next secular
day thereafter that is not a legal holiday.
SECTION 2. Section 1-219 is hereby added to the Code of the City of Roeland Park, Kansas, and shall read as
follows:
1-212.
SAME; AMENDMENT TO SECTION 23. Section 23 of the Code of Procedure for Kansas
Cities is hereby amended to read as follows:
Motion to Call the Previous Question. A Motion to Call the Previous Question is not debatable and,
if passed by a majority of the City Council present and voting at a meeting, calls for an immediate vote
on the substantive motion, This motion requires a vote.
SECTION 3. Section 1-220 is hereby added to the Code of the City of Roeland Park, Kansas, and
shall read as follows:
1-213. SAME; AMENDMENT TO SECTION 27. Section 27 of the Code of Procedure for Kansas
Cities is hereby amended to read as follows:
Form of Vote. All votes shall be by voice vote, a “show of hands,” or a roll call vote. No vote shall
be by secret ballot.
SECTION 4.
Kansas, and shall read as follows:
Section 1-221 is hereby added to the Code of the City of Roeland Park,
ORDINANCE NO. BID-3059
First published in The Legal Record, Tuesday, November 25, 2014.
ORDINANCE NO. BID-3059
AN ORDINANCE PROVIDING FOR THE ASSESSMENT OF THE BUSINESS
IMPROVEMENT SERVICE FEES FOR THE 2015 ASSESSMENT YEAR ON
BUSINESSES
LOCATED
WITHIN
THE
DOWNTOWN
BUSINESS
IMPROVEMENT DISTRICT.
WHEREAS, pursuant to applicable provisions of K.S.A. 12-1781 et seq.
and Section 2.14.010 et seq. of the Overland Park Municipal Code, the
Governing Body shall adopt an annual business improvement service fee after
receipt of the Downtown Business Improvement District Advisory Board’s
proposed schedule of the business improvement service fee for the 2015
assessment year on businesses located within the District; and
WHEREAS, upon review of said proposed schedule, the Governing Body
hereby determines that the business improvement service fees for the 2015
assessment year should be assessed at the rate set forth in Section 1 below.
NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE
CITY OF OVERLAND PARK, KANSAS:
SECTION 1. The owners of each business within the Downtown Business
Improvement District as of November 2014 shall be assessed a business
improvement service fee for the 2015 assessment year comprised of a base fee
plus an area fee, provided, the total business improvement service fee for any
business shall not exceed the designated maximum fee. The amount of the
business improvement service fee shall be according to the following:
1-221.
SAME; AMENDMENT TO SECTION 42. Section 42 of the Code of Procedure for Kansas
Cities is hereby amended to read as follows:
Rules. For those matters not covered by these rules, the procedure shall be as decided by a majority
vote of the City Council. These rules may be amended after their adoption by a subsequent ordinance
amending the specific rules as identified in the amending ordinance. Such ordinance amends the
adopting ordinance.
SECTION 5.
and shall read as follows:
Section 1-222 is hereby added to the Code of the City of Roeland Park, Kansas,
1.
The base fee for each business within tier 1 shall be $80. The base fee
for each business in tier 2 shall be $70. The base fee for each business
in tier 3 shall be $60. The base fee for each business in tier 4 shall be
$60.
2.
An area fee for each business within tier 1 shall be assessed at a rate of
$0.16 per square foot. An area fee for each business within tier 2 shall
be assessed at a rate of $0.14 per square foot. An area fee for each
business within tier 3 shall be assessed at a rate of $0.12 per square
foot. An area fee for each business within tier 4 shall be assessed at a
rate of $0.10 per square foot. The area fee calculation shall be based on
the business’ Business Area as defined in OPMC 2.14.060.
3.
The maximum fee for each business within tier 1 shall not exceed
$1,100. The maximum fee for each business within tier 2 shall not
exceed $1,000. The maximum fee for each business within tier 3 shall
not exceed $900. The maximum fee for each business within tier 4 shall
not exceed $800.
4.
Any business that begins operations during the assessment year
[December 1 to November 30] will be assessed a prorated share of the
annual assessment on a semi-annual [six month] basis. For example, a
business that starts operations between December 1 and May 1 of the
assessment year would be assessed 50% of the business improvement
service fee. A business that begins operations after May 1 through
November 30 will not be assessed for that assessment year, but will be
assessed for a full year in the next year’s assessment cycle.
1-222.
SAME; ADDITION TO CODE OF PROCEDURE FOR KANSAS CITIES. The following
shall be an addition to the Code of Procedure for Kansas Cities:
Point of Order; Appeal. When a member of the Governing Body believes that any person is violating
one of these rules of procedure or any procedural guidelines adopted pursuant to Section 7 of these
rules of procedure, or any amendments thereto, he or she may raise a Point of Order, thereby calling
upon the Chair of the meeting for a ruling and an enforcement of the rules. Any two members of the
Governing Body may appeal from the decision of the Chair on a Point of Order. By one member taking
the appeal and the second member seconding it, the question is taken from the Chair and vested in
the Governing Body for final decision. The question on an Appeal is whether the ruling of the Chair
shall be upheld. The Chair does not vote on an Appeal. An Appeal is not debatable, and a majority
or tie vote sustains the ruling of the Chair.
repealed.
SECTION 6. Existing Section 1-205 of the Code of the City of Roeland Park, Kansas, is hereby
SECTION 7. This ordinance shall take effect upon its publication in the official City newspaper.
PASSED by the City Council the 17th day of November, 2014. APPROVED by the Mayor.
ATTEST:
/S/ Kelley Bohon______________
Kelley Bohon, City Clerk
APPROVED AS TO FORM:
/S/ Neil Shortlidge
Neil R. Shortlidge, City Attorney
11/25
/S/ Joel Marquardt
Joel Marquardt, Mayor
SECTION 2. Should any provision of this ordinance be determined to be void,
invalid, unenforceable or illegal for any reason, such provision(s) shall be null
and void; provided, however, that the remaining provisions of this ordinance shall
be unaffected thereby and shall continue to be valid and enforceable.
SECTION 3. This ordinance shall take effect and be in force from and after its
publication in an official city newspaper.
PASSED by the City Council this 17th day of November, 2014.
APPROVED by the Mayor this 17th day of November, 2014.
ATTEST:
(s) Marian Cook
Marian Cook, City Clerk
APPROVED AS TO FORM:
(s) Stephen B. Horner
Stephen B. Horner
Senior Assistant City Attorney
11/25
(s) Carl Gerlach
Carl Gerlach, Mayor
PAGE 10
THE LEGAL RECORD • NOVEMBER 25, 2014
JOHNSON COUNTY PUBLIC NOTICES
ORDINANCE NO. 5409
First published in The Legal Record, Tuesday, November 25, 2014.
ORDINANCE NO. 5409
AN ORDINANCE AUTHORIZING THE ACQUISITION OF LANDS OR INTERESTS THEREIN BY CONDEMNATION FOR THE CONSTRUCTION OF CERTAIN PUBLIC IMPROVEMENTS ASSOCIATED WITH THE 113TH
AND RENNER INTERSECTION PROJECT IN LENEXA, JOHNSON COUNTY, KANSAS.
WHEREAS, the Governing Body of the City of Lenexa, Kansas did by Resolution No. 2014-109, declare
the necessity for, and authorize a survey and description of lands or interests therein to be acquired by the City
for the following:
The 113th Street and Renner Boulevard intersection improvements which will provide separate left turn
lanes on each approach to the intersection and exclusive right turn lanes along with signalization of
the intersection to provide needed capacity improvements; and
WHEREAS, said survey and description was prepared and is maintained at the Lenexa City Hall.
SAS:
NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LENEXA, KAN-
SECTION ONE:
It is hereby authorized and provided that the lands or interests therein, hereafter
described, be acquired for the following improvement:
The 113th Street and Renner Boulevard intersection improvements which will provide separate left turn
lanes on each approach to the intersection and exclusive right turn lanes along with signalization of
the intersection to provide needed capacity improvements; and
TRACT 1:
CONDEMNEES:
SITUS
ADDRESS:
MAILING
ADDRESS:
Deluxe Manufacturing Operations, LLC, a Minnesota limited liability company
f/k/a Deluxe Manufacturing Operations, Inc., a Minnesota corporation
16505 West 113th Street, Lenexa, KS 66219
3680 North Victoria Street, Shoreview, MN 55126
EASEMENT
HOLDERS:
Joint Sewer District-B of Mill Creek Sewer Sub-District No. 1
Book 2812 at Page 830
Book 2458 at Page 669
Kansas City Power & Light Company
Book 2857 at Page 113
Book 2950 at Page 410
Lenexa Industrial Park, Inc.
Book 3008 at Page 626
Book 3008 at Page 629
Water District No. 1 of Johnson County
Book 3079 at Page 813
Lateral Sewer District #11, Mill Creek Sewer Sub-District #1 of Johnson County
Unified Wastewater Districts
Book 3167 at Page 465
ADDRESS:
11201 Renner Blvd., Lenexa, KS 66219
MAILING
ADDRESS:
One Penn Plaza, Apt. 4015, New York, NY 10119
LIEN
HOLDERS:
Lexington LAC Lenexa, L.P.
Capitol Federal Savings Bank
One Penn Plaza, Apt. 4015
New York, NY 10119
Book 201302 at Page 003459
EASEMENT
HOLDERS:
Kansas City Power & Light Company
Book 2380 at Page 902
Book 2857 at Page 113
Book 200703 at Page 004399
Book 200703 at Page 004400
Joint-Sewer District – B of Mill Creek Sewer Sub-District NO. 1
Book 2458 at Page 669
Water District No.1, Johnson County, Kansas
Book 2932 at Page 145
Book 3351 at Page 960
Book 3558 at Page 428
Southwestern Bell Telephone Company
Book 3007 at Page 657
Book 200702 at Page 004402
Quiney – CRF Pharmacology Research Corporation
Book 3353 at Page 442
Everest Connections L.L.C.
Book 200703 at Page 004401
MCImetro Access Transmission Services LLC
Book 200703 at Page 004403
Time Warner Cable
Book 200705 at Page 003913
PERMANENT RIGHT-OF-WAY:
All that part of LOT 7, BLOCK 4, SOUTHLAKE EIGHTEENTH PLAT, a subdivision in Lenexa, Johnson County,
Kansas, more particularly described as follows:
Beginning at the most Westerly Southwest corner of said Lot 7, said point also being on the Easterly right-of-way
line of Renner Boulevard, as now established; thence North 00 degrees 11 minutes 10 seconds East, along the
West line of said Lot 7, and along the East right-of-way line of said Renner Boulevard, a distance of 43.99 feet;
thence South 38 degrees 58 minutes 58 seconds East, a distance of 95.00 feet, to a point on the South line of
said Lot 7, said point also being on the North right-of-way line of 113th Street, as now established; thence North
90 degrees 00 minutes 00 seconds West, along the South line of said Lot 7, and along the North right-of-way line
of said 113th Street, a distance of 30.05 feet; thence North 45 degrees 00 minutes 00 seconds West, along the
Southwest line of said Lot 7, a distance of 42.22 feet to the Point of Beginning.
PERMANENT RIGHT-OF-WAY:
The above described tract of land contains 1,768 square feet, more or less.
All that part of LOT 1, BLOCK 5, SOUTHLAKE FIFTH PLAT, a subdivision in Lenexa, Johnson County, Kansas,
more particularly described as follows:
SECTION TWO:
It is further authorized and provided that, as soon as practicable after the passage
of this ordinance, action be initiated to exercise the power of eminent domain in accordance with K.S.A. 26-501
et seq., the Eminent Domain Procedure Act, to condemn all lands and interests therein hereinbefore described.
Beginning at the most Westerly Northwest corner of said Lot 1, said point also being on the East right-of-way
line of Renner Boulevard, as now established; thence North 45 degrees 00 minutes 00 seconds East, along the
Northwest line of said Lot 1, and along the South right-of-way line of 113th Street, as now established, a distance
of 42.72 feet; thence North 90 degrees 00 minutes 00 seconds East, along the North line of said Lot 1, and along
the South right-of-way line of said 113th Street, a distance of 23.89 feet; thence South 35 degrees 28 minutes 53
seconds West, a distance of 63.17 feet; South 00 degrees 11 minutes 10 seconds West, a distance of 202.45
feet; thence South 05 degrees 54 minutes 22 seconds West, a distance of 175.59 feet, to a point on the West
line of said Lot 1, said point also being on the East right-of-way line of said Renner Boulevard; thence North 00
degrees 11 minutes 10 seconds East, along the West line of said Lot 1, and along the East right-of-way line of
said Renner Boulevard, a distance of 398.34 feet, to the Point of Beginning.
SECTION THREE:
This ordinance shall take effect and be in force from and after its publication
in the official City newspaper.
PASSED by the City Council this 18th day of November, 2014.
SIGNED by the Mayor this 18th day of November, 2014.
The above described tract of land contains 6,455 square feet, more or less.
TEMPORARY CONSTRUCTION EASEMENT:
All that part of LOT 1, BLOCK 5, SOUTHLAKE FIFTH PLAT, a subdivision in Lenexa, Johnson County, Kansas,
more particularly described as follows:
Commencing at the most Westerly Northwest corner of said Lot 1, said point also being on the East right-of-way
line of Renner Boulevard, as now established; thence North 45 degrees 00 minutes 00 seconds East, along the
Northwest line of said Lot 1, and along the South right-of-way line of 113th Street, as now established, a distance
of 42.72 feet; thence North 90 degrees 00 minutes 00 seconds East, along the North line of said Lot 1, and along
the South right-of-way line of said 113th Street, a distance of 23.89 feet, to the true Point of Beginning; thence
continuing North 90 degrees 00 minutes 00 seconds East, along the North line of said Lot 1, and along the South
right-of-way line of said 113th Street, a distance of 21.00 feet; thence South 00 degrees 11 minutes 10 seconds
West, a distance of 281.63 feet; thence South 11 degrees 29 minutes 46 seconds West, a distance of 50.99 feet;
thence South 00 degrees 11 minutes 10 seconds West, a distance of 50.00 feet; thence South 43 degrees 24
minutes 53 seconds West, a distance of 68.62 feet; thence South 00 degrees 11 minutes 10 seconds West, a
distance of 50.00 feet; thence North 89 degrees 48 minutes 50 seconds West, a distance of 18.00 feet, to a point
on the West line of said Lot 1, said point also being on the East right-of-way of said Renner Boulevard; thence
North 00 degrees 11 minutes 10 seconds East, along the West line of said Lot 1, and along the East right-of-way
line of said Renner Boulevard, a distance of 52.84 feet; thence North 05 degrees 54 minutes 22 seconds East, a
distance of 175.59 feet; thence North 00 degrees 11 minutes 10 seconds East, a distance of 202.45 feet; thence
North 35 degrees 28 minutes 53 seconds East, a distance of 63.17 feet, to the True Point of Beginning.
The above described tract of land contains 23,928 square feet or 0.549 acres, more or less.
TRACT 2:
CONDEMNEES:
Southlake Property Owners’ Association, a Kansas corporation
SITUS
ADDRESS:
Parcel ID IP69600000 000B
MAILING
ADDRESS:
P.O. Box 411299, Kansas City, MO 64141-1299
11/25
EASEMENT
HOLDERS:
Rural Water District No. 4, Johnson County, Kansas
Book 162 at Page 45
PERMANENT RIGHT-OF-WAY:
All LOT B, SOUTHLAKE SECOND PLAT, a subdivision in Lenexa, Johnson County, Kansas.
The above described tract of land contains 5,306 square feet, more or less.
TRACT 3:
CONDEMNEES:
SITUS
Lexington LAC Lenexa, L.P.
THE LEGAL RECORD • NOVEMBER 25, 2014
JOHNSON COUNTY PUBLIC NOTICES
REQUEST FOR QUALIFICATIONS
First published in The Legal Record, Tuesday, November 25, 2014.
REQUEST FOR QUALIFICATIONS
Mediator for Discrimination Claims
The City of Roeland Park is seeking mediation services to assist with future Discrimination claims filed with the
City. These services will be provided on an as-needed basis when a complaint is filed. Roeland Park is a MayorCouncil form of government with a full-time City Administrator. The mediator will serve at the will of the Governing
Body, and the position will be appointed annually.
Unlawful discriminatory practices include those based on race, religion, color, sex, disability, national origin,
ancestry, sexual orientation, gender identity or military status. Under the City’s Discrimination Ordinance, which
covers discrimination in employment practices, housing and public accommodations, both parties are encouraged to work towards a mediated solution when there is a complaint. In that situation, both parties will equally
share the cost of the mediation services as determined by the mediator. If, within 15 days of the conclusion of
the mediation, either party notifies the City Clerk in writing that such person is dissatisfied with the results of the
mediation, or if the person charged with violating the provisions of this Article elects not to participate in mediation, the complaint shall be referred to the City’s designated Investigator for investigation and determination by
the Hearing Officer.
Preference will be given to mediators who are on the active list of approved mediators maintained by the Kansas
Judicial Branch Dispute Resolution Coordinator.
The mediator may be associated with a firm, but a specific individual will be identified for this position and will be
accountable for the scope of services described below.
SCOPE OF SERVICES
The general scope of service requested in the mediator function is to provide an unbiased assessment of the
dispute and attempt to resolve the matter to the satisfaction of the parties involved.
SELECTION CRITERIA
Primary criteria for selection of the Mediator will include the following:
•
•
•
•
General qualifications of the candidate for the position.
Experience in mediation services.
Timeliness, responsiveness and follow-through.
Availability and flexibility of schedule.
REFERENCES
Please provide references from municipalities, other organizations, courts or other persons for whom you have
served as a mediator.
FEES
The City is seeking a proposed compensation plan that is based on a negotiated rate per hour. Overhead and
ancillary charges should be incorporated into those fees.
PROPOSAL SUBMITTAL REQUIREMENTS
Please prepare your proposal following this sequence:
1) Cover letter: Signed by the applicant (or, if submitted by a firm, by an authorized representative of
the firm) committing to provide the mediation services described above. One page maximum.
2) Resumes: Provide complete resume or CV of the person designated to be the City mediator.
3) Qualifications: Provide professional experience and qualifications of the firm and the designated
individual to provide the services specified in this Request for Qualifications.
4) References: Please provide client names and contact information for any similar local agencies you
or your firm now represents.
5) Compensation and billing practices: Provide a description of the proposed compensation schedule
and the firm’s billing practices. Monthly invoices describing the services in detail, showing hours, and
identifying the individual providing the services are required.
Rights of the City of Roeland Park, Kansas
This RFQ does not commit the City to enter into a contract, nor does it obligate the City to pay for any costs incurred
in preparation and submission of proposals or in anticipation of a contract. The City reserves the right to:
• Make the selection based on its sole discretion;
• Select more than one Mediator;
• Reject any and all proposals;
• Issue subsequent Requests for Qualifications;
• Postpone opening for its own convenience;
• Remedy technical errors in the Request for Qualifications process;
• Negotiate with any, all or none of the Proposers;
• Waive informalities and irregularities in the Proposals and/or
• Enter into an agreement with another Proposer in the event the originally selected Proposer defaults or
fails to execute an agreement with the City.
Deadline for submission of qualifications is December 3, 2014 at 10 a.m.
Please submit all information to:
Aaron A. Otto, City Administrator
City of Roeland Park
4600 W. 51st Street
Roeland Park, KS 66205
If you have questions or require additional information, please call Mr. Otto at 913-722-2600. Thank you for your
interest in the City of Roeland Park.
11/25
REQUEST FOR QUOTES
First published in The Legal Record, Tuesday, November 25, 2014.
CITY OF OVERLAND PARK, KANSAS
REQUEST FOR QUOTES
Sealed quotes for the one-time purchase of stationery to be used by all departments will be received by the City
of Overland Park, City Clerk’s office, City Hall, 8500 Santa Fe Drive, Overland Park, Kansas 66212, until 2 p.m.,
Monday,
December 22, 2014. Any quote received after the designated closing time will be returned unopened.
Specifications may be obtained in the Finance, Budget and Administration Department, 8500 Santa Fe Drive,
Monday through Friday, 8 a.m. to 5 p.m. Contact Elizabeth Kelley,
913/895-6155, for all inquiries regarding specifications.
All quotes must be submitted on the Stationery Quote Form provided and shall be delivered in sealed envelopes
addressed to the City Clerk of Overland Park, Kansas, and marked Quote for Stationery.
Vendors shall supply storage space for stationery at the Vendor’s place of business, and shall agree to deliver at
no additional charge such items as needed by the City, but not to exceed one delivery per two months.
No substitutions will be accepted. Delivery will be by February 2, 2015. Merchandise must be packaged in
boxes of 500 sheets and/or envelopes, marked, delivered FOB each department, Overland Park, Kansas, and
billed to each department.
The City reserves the right to accept or reject any and all quotes. No vendor may withdraw his quote for a period
of thirty (30) days from date of opening.
Marian Cook
City Clerk
11/25
PAGE 11
THE LEGAL RECORD • NOVEMBER 25, 2014
JOHNSON COUNTY PUBLIC NOTICES
ORDINANCE NO. 5408
First published in The Legal Record, Tuesday, November 25, 2014.
ORDINANCE NO. 5408
PAGE R-
ORDINANCE NO. 5407
First published in The Legal Record, Tuesday, November 25, 2014.
ORDINANCE NO. 5407
AN ORDINANCE AUTHORIZING THE CITY OF LENEXA, KANSAS, TO ISSUE ITS INDUSTRIAL
REVENUE BONDS (TAXABLE UNDER FEDERAL LAW), SERIES 2014 (LENEXA LOGISTICS 4,
LLC), IN THE AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED $18,000,000 FOR THE
PURPOSE OF ACQUIRING, CONSTRUCTING AND EQUIPPING A COMMERCIAL FACILITY,
AND AUTHORIZING THE EXECUTION OF CERTAIN DOCUMENTS IN CONNECTION WITH THE
ISSUANCE OF THE BONDS (BUILDING 4, LENEXA LOGISTICS CENTRE).
AN ORDINANCE AUTHORIZING THE CITY OF LENEXA, KANSAS, TO ISSUE ITS INDUSTRIAL
REVENUE BONDS (TAXABLE UNDER FEDERAL LAW), SERIES 2014 (COLLEGE K, LLC), IN THE
AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED $7,500,000 FOR THE PURPOSE OF
ACQUIRING, CONSTRUCTING AND EQUIPPING A COMMERCIAL FACILITY, AND AUTHORIZING
THE EXECUTION OF CERTAIN DOCUMENTS IN CONNECTION WITH THE ISSUANCE OF THE
BONDS (COLLEGE CROSSING BUSINESS PARK BUILDING “K”).
WHEREAS, the City of Lenexa, Kansas (the “Issuer”) is authorized by K.S.A. 12‑1740 et seq.,
as amended (the “Act”), to acquire, construct, improve and equip certain facilities (as defined in the Act) for
commercial, industrial and manufacturing purposes, to enter into leases and lease‑purchase agreements with
any person, firm or corporation for such facilities, and to issue revenue bonds for the purpose of paying the costs
of such facilities; and
WHEREAS, the City of Lenexa, Kansas (the “Issuer”) is authorized by K.S.A. 12‑1740 et seq.,
as amended (the “Act”), to acquire, construct, improve and equip certain facilities (as defined in the Act) for
commercial, industrial and manufacturing purposes, to enter into leases and lease‑purchase agreements with
any person, firm or corporation for such facilities, and to issue revenue bonds for the purpose of paying the costs
of such facilities; and
WHEREAS, pursuant to Resolution No. 2013‑67 of the Issuer adopted on June 18, 2013, as
amended by Resolution No. 2014‑55 of the Issuer adopted on May 6, 2014 (collectively, the “Resolution
of Intent”), the Issuer expressed its intent to issue approximately $20,000,000 to pay the cost of acquiring,
constructing and equipping a commercial facility located at the southwest corner of Renner Boulevard and
113th Street (the “Project”) described as Building 4 in the Lenexa Logistics Centre within the City, for the benefit
of Renner 113 Associates, LLC and Chymiak Logistics, LLC, 50% tenants in common (collectively the “Prior
Company”) and its successor or assigns, and further authorized the execution of a Payment in Lieu of Tax
Agreement between the Issuer and the Prior Company (the “PILOT Agreement”) providing for a property tax
exemption for the Project subject to certain conditions; and
WHEREAS, pursuant to Resolution No. 2013‑18 of the Issuer adopted on February 19, 2013
(the “Resolution of Intent”), the Issuer expressed its intent to issue approximately $8,000,000 to pay the cost
of acquiring, constructing and equipping a commercial facility located at the southwest corner of 112th Street
and Strang Line Road (the “Project”) for the benefit of College K, LLC, a Kansas limited liability company
(the “Company”), and further authorized the execution of a Payment in Lieu of Tax Agreement between the
Issuer and the Company (the “PILOT Agreement”) providing for a property tax exemption for the Project
subject to certain conditions; and
WHEREAS, pursuant to Section 12(b) of the PILOT Agreement, the Prior Company may assign its
rights under the PILOT Agreement, provided the Issuer consent to such assignment; and
WHEREAS, prior to the issuance of the Bonds described below, the Prior Company intends to assign all of its
rights, duties and obligations under the Resolution of Intent and the PILOT Agreement to Lenexa Logistics 4, LLC,
a Kansas limited liability company (the “Company”), and the Company intends to assume all such rights, duties
and obligations of the Prior Company under the PILOT Agreement; and
WHEREAS, the Issuer has found and does find and determine that it is desirable in order to promote, stimulate
and develop the general economic welfare and prosperity of the Issuer and the State of Kansas that the Issuer
issue its Industrial Revenue Bonds (Taxable Under Federal Law), Series 2014 (Lenexa Logistics 4, LLC), in the
aggregate principal amount of not to exceed $18,000,000 (the “Bonds”), for the purpose of paying the costs
of acquiring, constructing and equipping the Project as more fully described in the Indenture and in the Lease
hereinafter authorized for lease by the Issuer to the Company; and
WHEREAS, the Issuer further finds and determines that it is necessary and desirable in connection with the
issuance of the Bonds to execute and deliver (i) a Trust Indenture (the “Indenture”), with BOKF, N.A., d/b/a Bank
of Kansas City, Kansas City, Missouri, as Trustee (the “Trustee”), prescribing the terms and conditions of issuing
and securing the Bonds; (ii) a Lease (the “Lease”), with the Company under which the Issuer shall cause the
Project to be acquired, constructed and equipped and leased to the Company in consideration of payments of
Basic Rent and other payments provided for therein; (iii) Consent of Issuer relating to the assignment of PILOT
Agreement; and (iv) a Bond Purchase Agreement providing for the sale of the Bonds by the Issuer to the Company
(collectively, the “Bond Documents”);
NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LENEXA,
KANSAS AS FOLLOWS:
Section 1. Authority To Cause the Project To Be Acquired, Constructed and Equipped. The
Issuer is hereby authorized to cause the Project to be acquired, constructed and equipped all in the manner and
as more particularly described in the Indenture and the Lease hereinafter authorized.
Section 2. Authorization of and Security for the Bonds. The Issuer is hereby authorized and directed
to issue the Bonds, to be designated “City of Lenexa, Kansas, Industrial Revenue Bonds (Taxable Under Federal
Law), Series 2014 (Lenexa Logistics 4, LLC)” in the aggregate principal amount of not to exceed $18,000,000
for the purpose of providing funds to pay the costs of acquiring, constructing and equipping the Project. The
Bonds shall be dated and bear interest, shall mature and be payable at such times, shall be in such forms, shall
be subject to redemption and payment prior to the maturity thereof, and shall be issued in the manner prescribed
and subject to the provisions, covenants and agreements set forth in the Indenture. The Bonds shall be special
limited obligations of the Issuer payable solely from the trust estate established under the Indenture, including
revenues from the Lease of the Project. The Bonds shall not be general obligations of the Issuer, nor constitute
a pledge of the faith and credit of the Issuer and shall not be payable in any manner by taxation.
Section 3. Execution of Bonds and Bond Documents. The Mayor or acting Mayor of the Issuer is
hereby authorized and directed to execute the Bonds and deliver them to the Trustee for authentication on behalf
of, and as the act and deed of the Issuer, in the manner provided in the Indenture. The Mayor or acting Mayor is
further authorized and directed to execute and deliver the Bond Documents on behalf of, and as the act and deed
of the Issuer, in substantially the forms on file in the office of the City Clerk, with such corrections or amendments
thereto as the Mayor or acting Mayor may approve, which approval shall be evidenced by his execution thereof,
and to execute such other documents, certificates and instruments as may be necessary or desirable to carry
out and comply with the purposes and intent of this Ordinance and the Bond Documents. The City Clerk or the
Deputy City Clerk of the Issuer is hereby authorized and directed to attest the execution of the Bonds, the Bond
Documents and such other documents, certificates and instruments as may be necessary or desirable to carry
out the intent of this Ordinance under the Issuer’s official seal.
Section 4. Pledge of the Project and Net Earnings. The Issuer hereby pledges the Project and the
net earnings generated under the Lease to the payment of the Bonds in accordance with K.S.A. 12‑1744. The
lien created by such pledge shall be discharged when all of the Bonds shall be deemed to be paid within the
meaning of the Indenture.
WHEREAS, the Issuer has found and does find and determine that it is desirable in order to promote,
stimulate and develop the general economic welfare and prosperity of the Issuer and the State of Kansas that
the Issuer issue its Industrial Revenue Bonds (Taxable Under Federal Law), Series 2014 (College K, LLC), in the
aggregate principal amount of not to exceed $7,500,000 (the “Bonds”), for the purpose of paying the costs of
acquiring, constructing and equipping the Project as more fully described in the Indenture and in the Lease
hereinafter authorized for lease by the Issuer to the Company; and
WHEREAS, the Issuer further finds and determines that it is necessary and desirable in connection
with the issuance of the Bonds to execute and deliver (i) a Trust Indenture (the “Indenture”), with BOKF, N.A., d/b/a
Bank of Kansas City, Kansas City, Missouri, as Trustee (the “Trustee”), prescribing the terms and conditions of
issuing and securing the Bonds; (ii) a Lease (the “Lease”), with the Company under which the Issuer shall cause
the Project to be acquired, constructed and equipped and leased to the Company in consideration of payments
of Basic Rent and other payments provided for therein, and (iii) a Bond Purchase Agreement providing for the
sale of the Bonds by the Issuer to the Company (collectively, the “Bond Documents”);
NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LENEXA,
KANSAS AS FOLLOWS:
Section 1. Authority To Cause the Project To Be Acquired, Constructed and Equipped. The
Issuer is hereby authorized to cause the Project to be acquired, constructed and equipped all in the manner and
as more particularly described in the Indenture and the Lease hereinafter authorized.
Section 2. Authorization of and Security for the Bonds. The Issuer is hereby authorized and
directed to issue the Bonds, to be designated “City of Lenexa, Kansas, Industrial Revenue Bonds (Taxable Under
Federal Law), Series 2014 (College K, LLC)” in the aggregate principal amount of not to exceed $7,500,000 for
the purpose of providing funds to pay the costs of acquiring, constructing and equipping the Project. The Bonds
shall be dated and bear interest, shall mature and be payable at such times, shall be in such forms, shall be
subject to redemption and payment prior to the maturity thereof, and shall be issued in the manner prescribed
and subject to the provisions, covenants and agreements set forth in the Indenture. The Bonds shall be special
limited obligations of the Issuer payable solely from the trust estate established under the Indenture, including
revenues from the Lease of the Project. The Bonds shall not be general obligations of the Issuer, nor constitute
a pledge of the faith and credit of the Issuer and shall not be payable in any manner by taxation.
Section 3. Execution of Bonds and Bond Documents. The Mayor or acting Mayor of the Issuer is
hereby authorized and directed to execute the Bonds and deliver them to the Trustee for authentication on behalf
of, and as the act and deed of the Issuer, in the manner provided in the Indenture. The Mayor or acting Mayor is
further authorized and directed to execute and deliver the Bond Documents on behalf of, and as the act and deed
of the Issuer, in substantially the forms on file in the office of the City Clerk, with such corrections or amendments
thereto as the Mayor or acting Mayor may approve, which approval shall be evidenced by his execution thereof,
and to execute such other documents, certificates and instruments as may be necessary or desirable to carry
out and comply with the purposes and intent of this Ordinance and the Bond Documents. The City Clerk or the
Deputy City Clerk of the Issuer is hereby authorized and directed to attest the execution of the Bonds, the Bond
Documents and such other documents, certificates and instruments as may be necessary or desirable to carry
out the intent of this Ordinance under the Issuer’s official seal.
Section 4. Pledge of the Project and Net Earnings. The Issuer hereby pledges the Project and the
net earnings generated under the Lease to the payment of the Bonds in accordance with K.S.A. 12‑1744. The
lien created by such pledge shall be discharged when all of the Bonds shall be deemed to be paid within the
meaning of the Indenture.
Section 5. Further Authority. The officials, officers, agents and employees of the Issuer are hereby
authorized and directed to take such action, expend such funds and execute such other documents, certificates
and instruments as may be necessary or desirable to carry out the provisions of this Ordinance and to carry out
and perform the duties of the Issuer with respect to the Bonds and the Bond Documents as necessary to give
effect to the transactions contemplated in this Ordinance and in the Bond Documents.
Section 6. Effective Date. This Ordinance shall take effect from and after its final passage by the
Lenexa City Council, signature by the Mayor and publication once in the official newspaper of the Issuer.
PASSED by the Lenexa City Council on November 18, 2014.
Section 5. Receipt of Assignment and Assumption. The actions authorized under this Ordinance
are subject in their entirety to receipt by the City Attorney of an executed assignment and assumption agreement
in a form that is acceptable to the City Attorney and Kutak Rock, LLP, the City’s Bond Counsel, whereby the Prior
Company assigns all of its rights, duties and obligations under the Resolution of Intent and the PILOT Agreement
to the Company and the Company assumes all such rights duties and obligations of the Prior Company under
the PILOT Agreement.
Signed by the Mayor on November 18, 2014.
Section 6. Further Authority. The officials, officers, agents and employees of the Issuer are hereby
authorized and directed to take such action, expend such funds and execute such other documents, certificates
and instruments as may be necessary or desirable to carry out the provisions of this Ordinance and to carry out
and perform the duties of the Issuer with respect to the Bonds and the Bond Documents as necessary to give
effect to the transactions contemplated in this Ordinance and in the Bond Documents.
Section 7. Effective Date. This Ordinance shall take effect from and after its final passage by the
Lenexa City Council, signature by the Mayor and publication once in the official newspaper of the Issuer.
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PAGE R-10
THE LEGAL RECORD • NOVEMBER 25, 2014
JOHNSON COUNTY PUBLIC NOTICES
REQUEST FOR PROPOSALS
First published in The Legal Record, Tuesday, November 25, 2014.
REQUEST FOR QUALIFICATIONS
For a Discrimination Claims Hearing Officer
REQUEST FOR QUALIFICATIONS
First published in The Legal Record, Tuesday, November 25, 2014.
REQUEST FOR QUALIFICATIONS
For a Discrimination Claims Investigator
The City of Roeland Park is seeking a Hearing Officer to handle future Discrimination claims filed with the City.
These services will be provided on an as-needed basis when a complaint is filed. Roeland Park is a MayorCouncil form of government with a full-time City Administrator. The Hearing Officer will serve at the will of the
Governing Body, and the position will be appointed annually.
The City of Roeland Park is seeking investigative services for future Discrimination claims filed with the City.
These services will be provided on an as needed basis. Roeland Park is a Mayor-Council form of government
with a full-time City Administrator. The Investigator will serve at the will of the Governing Body, and the position
will be appointed annually.
Under the City’s Discrimination Ordinance, which covers discrimination in employment practices, housing
and public accommodations, both parties are encouraged to work towards a mediated solution. If, within
15 days of the conclusion of the mediation, either party notifies the City Clerk in writing that such person
is dissatisfied with the results of the mediation, or if the person charged with violating the provisions of this
Article elects not to participate in mediation, the complaint shall be referred to the Investigator for investigation
and subsequent determination by a Hearing Officer. Under the City’s Discrimination Ordinance, unlawful
discriminatory practices include those based on race, religion, color, sex, disability, national origin, ancestry,
sexual orientation, gender identity or military status.
Under the City’s Discrimination Ordinance, which covers discrimination in employment practices, housing and
public accommodations, both parties are encouraged to work towards a mediated. If, within 15 days of the
conclusion of the mediation, either party notifies the City Clerk in writing that such person is dissatisfied with
the results of the mediation, or if the person charged with violating the provisions of this Article elects not to
participate in mediation, the complaint shall be referred to the Investigator for investigation and subsequent
determination by a Hearing Officer. Under the City’s Discrimination Ordinance, unlawful discriminatory
practices include those based on race, religion, color, sex, disability, national origin, ancestry, sexual
orientation, gender identity or military status.
The Hearing Officer must be a licensed, practicing attorney in the State of Kansas in good standing.
The Investigator must be a licensed, practicing attorney in the State of Kansas in good standing.
The Hearing Officer may be associated with a firm, but a specific individual will be identified for this position
and will be accountable for the scope of services described below.
The Investigator may be associated with a firm, but a specific individual will be identified for this position and
will be accountable for the scope of services described below.
SCOPE OF SERVICES
SCOPE OF SERVICES
The general scope of the administrative hearing process to be overseen by the Hearing Officer function
includes:
The general scope of service requested in the investigator function is:
•
•
Conduct a hearing on the complaint.
o
At such a hearing, the parties and the Investigator shall be entitled to call witnesses and
to present such other evidence as appropriate.
o
The hearing shall be conducted in accordance with procedures established by the
Hearing Officer.
Following the conclusion of the hearing, the Hearing Officer may announce a determination or
may take the matter under advisement for determination at a later date. Any determination of the
Hearing Officer shall be in writing, shall be based upon the preponderance of the evidence and shall
set forth the essential elements of the determination.
SELECTION CRITERIA
Primary criteria for selection of the Hearing Officer will include the following:
•
•
•
•
•
General qualifications of the candidate.
Experience in administrative hearing services.
Timeliness, responsiveness and follow-through.
Availability and flexibility of schedule.
Fee schedule.
REFERENCES
Please provide references from municipalities, organizations, courts or other persons for whom you have
provided similar services.
FEES
The City is seeking a compensation plan that is based on a negotiated rate per hour. Overhead and ancillary
charges should be incorporated into those fees.
PROPOSAL SUBMITTAL REQUIREMENTS
Please prepare your proposal following this sequence:
1) Cover letter: Signed by the applicant (or, if submitted by a firm, by an authorized representative of
the firm) committing to provide the Hearing Officer services described above. One page maximum.
2) Resumes: Provide complete resume of the person designated to be the Hearing Officer.
3) Qualifications: Provide professional experience and qualifications of the firm and the designated
individual to provide the services specified in this Request for Qualifications.
4) References: Please provide the client name and contact information for any similar local agencies
you or your firm now represents.
5) Compensation and billing practices: Provide a description of the proposed compensation
schedule and the firm’s billing practices. Monthly invoices describing the services in detail, showing
hours, and identifying the individual providing the services are required.
6) Insurance. Provide proof of professional liability insurance.
The successful proposer(s) shall be expected to enter into an Agreement for Professional Services
in a form substantially similar to the form agreement attached to this RFQ.
Rights of the City of Roeland Park, Kansas
This RFQ does not commit the City to enter into a contract, nor does it obligate the City to pay for any costs
incurred in preparation and submission of proposals or in anticipation of any contract. The City reserves the
right to:
• Make the selection based on its sole discretion;
• Select more than one Hearing Officer;
• Reject any and all proposals;
• Issue subsequent Requests for Qualifications;
• Postpone opening for its own convenience;
• Remedy technical errors in the Request for Qualifications process;
• Negotiate with any, all or none of the Proposers;
• Waive informalities and irregularities in the Proposals and/or
• Enter into an agreement with another Proposer in the event the originally selected Proposer defaults or
fails to execute an agreement with the City.
Deadline for submission of qualifications is December 3, 2014 at 10 a.m.
Please submit all information to:
Aaron A. Otto, City Administrator
City of Roeland Park
4600 W. 51st Street
Roeland Park, KS 66205
Provide an unbiased gathering of data, verify information, and determine whether there is sufficient evidence to
warrant the matter to be referred to the Hearing Officer.
SELECTION CRITERIA
Primary criteria for selection of the investigator will include the following:
•
•
•
•
•
General qualifications of the candidate.
Experience in investigation and prosecution of claims in administrative, civil and criminal
proceedings.
Timeliness, responsiveness and follow-through.
Availability and flexibility of schedule.
Fee structure.
REFERENCES
Please provide references from municipalities, organizations, courts or other persons for whom you have
performed similar services.
FEES
The City is seeking a compensation plan that is based on a negotiated rate per hour. Overhead and ancillary
charges should be incorporated into those fees.
PROPOSAL SUBMITTAL REQUIREMENTS
Please prepare your proposal following this sequence:
1) Cover letter: Signed by the applicant (or, if submitted by a firm, by an authorized representative of
the firm) committing to provide the investigation services described above.
2) Resumes: Provide complete resume of the person designated to be the Investigator.
3) Qualifications: Provide professional experience and qualifications of the firm and the designated
individual to provide the services specified in this Request for Qualifications.
4) References: Please provide the client name and contact information for any similar local agencies
you or your firm now represents.
5) Compensation and billing practices: Provide a description of the proposed compensation
schedule and the firm’s billing practices. Monthly invoices describing the services in detail, showing
hours, and identifying the individual providing the services are required.
6) Insurance. Provide proof of professional liability insurance.
The successful proposer(s) shall be expected to enter into an Agreement for Professional Services in a form
substantially similar to the form agreement attached to this RFQ.
Rights of the City of Roeland Park, Kansas
This RFP does not commit the City to enter into a contract, nor does it obligate the City to pay for any costs
incurred in preparation and submission of proposals or in anticipation of a contract. The City reserves the right
to:
• Make the selection based on its sole discretion;
• Select more than one Investigator;
• Reject any and all proposals;
• Issue subsequent Requests for Proposals;
• Postpone opening for its own convenience;
• Remedy technical errors in the Request for Proposals process;
• Negotiate with any, all or none of the Proposers;
• Waive informalities and irregularities in the Proposals and/or
• Enter into an agreement with another Proposer in the event the originally selected Proposer defaults or
fails to execute an agreement with the City.
Deadline for submission of qualifications is December 3, 2014 at 10 a.m.
Please submit all information to:
Aaron A. Otto, City Administrator
City of Roeland Park
4600 W. 51st Street
Roeland Park, KS 66205
If you have questions or require additional information, please call Mr. Otto at 913-722-2600. Thank you for
your interest in the City of Roeland Park.
11/25
If you have questions or require additional information, please call Mr. Otto at 913-722-2600. Thank you for
your interest in the City of Roeland Park.
11/25
VEHICLE AUCTION
First published in The Legal Record, Tuesday, November 25, 2014.
The following cars are to be sold at public auction December 7, 2014 at Lucas Tow, 1303 Ott St, Olathe, KS
66061 at 3 pm unless claimed by the owner and all tow and storage charges are paid in full.
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.
1992 Lexus JT8UZ30CN0016136 NRF
1972 CHEVY CHEYENNE CCE142S193390
RODNEY A HOMER
1998 NISSAN ALTIMA 1N4DL01D2WC120972
KAREN YESENIA VARGAS-FLAMENCO
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THE LEGAL RECORD • NOVEMBER 25, 2014
JOHNSON COUNTY PUBLIC NOTICES
ORDINANCE NO. 1413
First published in The Legal Record, Tuesday, November 25, 2014.
CONTINUED ON NEXT PAGE
PAGE R-11
PAGE R-12
THE LEGAL RECORD • NOVEMBER 25, 2014
JOHNSON COUNTY PUBLIC NOTICES
ORDINANCE NO. 1412
CONTINUED FROM PRECEDING PAGE
First published in The Legal Record, Tuesday, November 25, 2014.
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