City of Arkansas City Board of City Commissioners

Transcription

1 City of Arkansas City Board of City Commissioners Agenda Regular Meeting Tuesday, December 19, 5:30 PM Commission Room, City Hall 118 W. Central Ave. Arkansas City, KS I. Routine Business 1. Roll Call 2. Opening Prayer and Pledge of Allegiance 3. Additions or Deletions to the Agenda (Voice Vote) 4. Approval of the Agenda (Voice Vote) II. Awards and Proclamations 1. Present a Good Neighbor Award to Jill Hunter for her community volunteerism efforts. III. Recognition of Visitors 1. Recognition of Police and Fire presented by the VFW. 2. Recognize Arkansas City Police Officer Matt Mayo for his life saving efforts. 3. Hospital Update. IV. Comments from the Audience for Items Not on the Agenda Each speaker will state his or her name and address before making any comments. Each speaker will have three (3) minutes to present his or her comments. Comments or questions will be directed only to the City Commission. Debate or argument between parties in the audience will not be allowed. Repeated reiterations by speakers will not be allowed. Violations of comment procedure will result in being directed to cease speaking or resume sitting. V. Consent Agenda (Voice Vote) 1. Approve the December 5, 2017, regular meeting minutes as written. 2. Ratify Mayor Dan Jurkovich s reappointments of Jill Wineinger to the Beautification and Tree Advisory Board, Sara Williams to the Convention and Visitors Bureau Board of Directors, and Robert Baker to the Equal Opportunity and Accessibility Advisory Board. 3. Approve one new and seventeen renewal Cereal Malt Beverage (CMB) Licenses for A Resolution declaring the boundary and limits of the City of Arkansas City, Kansas VI. Old Business 1. Hold public hearing regarding the proposed 2017 amended budget. a. Consider first reading of an Ordinance to amend specified funds in the budget for the City of Arkansas City for the year beginning January 1, (Roll Call Vote) VII. New Business 1. Consider first reading of an Ordinance adopting the pay plan for 2018 (with COLA) and repealing Ordinance (Roll Call Vote) 2. Consider first reading of an Ordinance authorizing the City of Arkansas City, in conjunction with the City of Winfield, and the Cowley County Humane Society, to enter into an Interlocal Agreement for the operation of the Cowley County Animal Shelter. (Roll Call Vote) a. Consider Resolution authorizing a service agreement between the City of Arkansas City, Kansas, and the Cowley County Humane Society for the operation of the Cowley County Animal Shelter. (Voice Vote)

2 3. Consider a Resolution authorizing the City of Arkansas City to enter into a Wholesale Water Sales Agreement with Rural Water District No. 4 of Sumner County, Kansas. (Voice Vote) 4. Consider a Resolution authorizing the City of Arkansas City to authorize Layne Christensen Company to repair and reinstall the pump at Well 6, for an amount not to exceed $13, (Voice Vote) 5. Consider a Resolution authorizing rescheduling a public meeting of the Governing Body from 5:30 p.m. on Tuesday, January 2, 2018 to 5:30 p.m. on Monday, January 8, (Voice Vote) 6. Consider a Resolution amending the Comprehensive Fee Schedule. (Voice Vote) 7. Consider a Resolution authorizing the City of Arkansas City to place east-west traffic control devices at the intersections of Birch Avenue and C Street, Cedar Avenue and 5 th Street, Poplar Avenue and 3 rd Street, Poplar Avenue and 4 th Street, and Vine Avenue and 7 th Street. (Voice Vote) 8. Consider first reading of an Ordinance modifying Municipal Code Part II, Chapter 2, Article III, Division 4, to amend the Equal Opportunity and Accessibility Advisory Board s purpose and duties. (Roll Call Vote) 9. Ratify Mayor Dan Jurkovich s appointments to the Convention and Visitors Bureau Board of Directors and the Arkansas City Recreation Commission. (Voice Vote) VIII. City Manager Updates 1. Town Hall Meeting City Holiday Calendar Commission Meeting Calendar IX. Other Business 1. City Advisory Board Reports X. Adjournment

3 Item for City Commission Action Section II Item 1 Meeting Date 12/19/2017 Department/Division City Manager Staff Contacts Andrew Lawson Title: Award Item: Present a Good Neighbor Award to Jill Hunter for her community volunteerism efforts. Description: The Beautification and Tree Advisory Board wishes to continue giving out an award it resurrected, the Good Neighbor Award, to recognize publicly citizens who go above and beyond in their volunteer efforts. Rather than being awarded monthly, as the Nelson Sensation Award and Yard of the Season awards are, this award only will be given out as needed to recognize and applaud exemplary beautification efforts. The Board voted 3-0 on October 26 to give the Good Neighbor Award to Arkansas City resident Jill Hunter in recognition of all of her community volunteerism efforts in Arkansas City and Cowley County. Hunter is president of the Soroptimists of Arkansas City, serves on the board for Angels in the Attic, is a leading organizer of the annual Bobby Estus Memorial Bike Ride and serves on multiple committees of the Arkansas City Area Chamber of Commerce, including the Christmas in the City committee. Professionally, she is a member of the Southern Kansas Association of Insurance and Financial Advisors who works as an insurance agent locally for Farm Bureau Financial Services. Board Vice Chair Jill Wineinger nominated Hunter for her cheerful attitude and inspiring work ethic, and the Board is pleased to recognize her efforts to improve the lives of many in the Ark City community. Commission Options: 1. Present a Good Neighbor Award to Jill Hunter for her community volunteerism efforts. Fiscal Impact: Amount: N/A Included in budget Grant Bonds Other (explain) Approved for Agenda by: City Manager

4 Item for City Commission Action Section III Item 2 Meeting Date 12/19/2017 Department/Division Police Staff Contact Chief Dan Ward Title: Award recognition Description: Recognize Officer Matt Mayo for his life saving efforts. Commission Options: None Fiscal Impact: Amount: None Fund: Department: Expense Code: Included in budget Grant Bonds Other (explain) Approved for Agenda by: City Manager

5 Item for City Commission Action Section V Item 1 Meeting Date 12/19/2017 Department/Division City Manager Staff Contacts Lesley Shook / Andrew Lawson Title: Consent Agenda Item: Approve the December 5, 2017, regular meeting minutes as written. Description: Please see attached document. Commission Options: 1. Approve with the consent agenda. 2. Remove item from the consent agenda for further consideration. Fiscal Impact: Amount: N/A Fund: Department: Expense Code: Included in budget Grant Bonds Other (explain) Approved for Agenda by: City Manager

6 City Commission of Arkansas City Meeting Minutes The Arkansas City Board of City Commissioners met in regular session at 5:30 p.m. December 5, 2017, in the Commission Room at City Hall, 118 W. Central Ave., in Arkansas City. Mayor Dan Jurkovich called the meeting to order. Those also present at roll call were Commissioner Duane L. Oestmann, Commissioner Charles Tweedy III, Commissioner Jay Warren and Commissioner Karen Welch. City employees present at the meeting were City Manager Nick Hernandez, City Attorney Tamara Niles, City Clerk Lesley Shook, Public Information Officer Andrew Lawson, Finance Director Kathy Cornwell, Public Works Director Eric Broce, Assistant Public Works Director Mike Crandall, Fire Chief Bobby Wolfe, Police Chief Dan Ward, ACPD Capt. Mark McCaslin, Detective Lt. Jim Holloway, Police Officer Ted Shinneman, School Resource Officer Chase Hobart, Human Resources Manager Marla McFarland and Combination Inspector Brian Williams. The Kansas Department of Health and Environment was represented by state dental director Dr. Cathleen Cathy Taylor-Osbourne. Oral Health Kansas, Inc. was represented by executive director Tanya Dorf Brunner. Citizens in attendance included Richard Brown, Robert Courtland, Kammy Downs, Kanyon Gingher, Krysta Hobart, Vicki Jackson, Dr. Nick Rogers, Tiffany Shinneman and Ark City Daily Bytes reporter Jeni McGee. Commissioner Warren offered the opening prayer. Mayor Jurkovich led the pledge of allegiance. Agenda Approval Commissioner Oestmann made a motion to approve the agenda with the deletion of an award presentation. Commissioner Tweedy seconded the motion. A voice vote was unanimous in favor of the motion. Mayor Jurkovich declared the agenda amended and approved. Awards and Proclamations A Good Neighbor Award was presented to Robert Courtland for his community volunteerism efforts. Public Information Officer Lawson said Courtland helped with Fall Cleanup Day, even donating the use of his trailer. A Good Neighbor Award presentation to Marsha Hephner was delayed until Dec. 19 due to Hephner s absence. The City was honored by a pair of officials in recognition of its April 2016 decision to maintain water fluoridation. The City was given a 2016 Community Fluoridation Reaffirmation Award for contributions made on behalf of community water fluoridation. It was one of just 20 communities so honored nationally in Presenting a certificate of appreciation for the award were Dr. Cathleen Taylor-Osbourne, state dental director with the Kansas Department of Health and Environment (KDHE), and Tanya Dorf Brunner, executive director of Oral Health Kansas, Inc. Local dentist Dr. Nick Rogers also attended the ceremony and thanked the commission. Other entities involved with the award are the American Dental Association (ADA), Association of State and Territorial Dental Directors (ASTDD), and Centers for Disease Control and Prevention (CDC). December 5, 2017 Page 1

7 City Commission of Arkansas City Meeting Minutes Recognition of Visitors The commission recognized two recently promoted police officers. Police Chief Ward made brief remarks and completed the pinning ceremony for the two newest Master Police Officers, Chase Hobart and Ted Shinneman. Consent Agenda Commissioner Oestmann made a motion to approve the consent agenda as presented, including the following: 1. Approving the November 21, 2017, regular meeting minutes as written. 2. Ratifying Mayor Jurkovich s reappointment of Mary Benton to the City-Cowley County Board of Health. 3. Approving Resolution No , authorizing the City to execute a Generally Accepted Accounting Principles (GAAP) waiver for the 2018 fiscal year. Commissioner Warren seconded the motion. A voice vote was unanimous in favor of the motion. Mayor Jurkovich declared the consent agenda approved. New Business Budgeted Pay Plan for 2018 Ordinance No City Clerk Shook presented for discussion a first reading of an ordinance adopting the budgeted employee pay plan for 2018 and repealing Ordinance No Human Resources Manager McFarland said the only changes from the 2017 pay ordinance are the transitions from Neighborhood Services Superintendent to Building Official and from City Planner/GIS to Principal Planner. Commissioner Welch made a motion to approve the ordinance. Commissioner Tweedy seconded the motion. A roll call vote resulted in five aye votes and no nay votes. Mayor Jurkovich declared the motion approved and given Ordinance No Notice of Budget Hearing Resolution No City Clerk Shook presented for discussion a resolution approving a notice of budget hearing for publication and scheduling a public hearing at 5:30 p.m. December 19 in the commission room at City Hall, 118 W. Central Ave., to amend the 2017 budget for the City of Arkansas City. Finance Director Cornwell said the two changes are amending the Water Fund from $15,616,661 to $20,616,661 and the Special Highway Fund from $1,170,605 to $1,835,219. She and City Manager Hernandez explained why. Commissioner Oestmann made a motion to approve the resolution. Commissioner Warren seconded the motion. A voice vote was unanimous in favor of the motion. Mayor Jurkovich declared the motion approved and given Resolution No December 5, 2017 Page 2

8 City Commission of Arkansas City Meeting Minutes City Manager Updates City Manager Hernandez requested that a study session be scheduled to go over the Governing Body Handbook and various financial tools available to developers once Commissioner Kanyon Gingher is sworn in and seated. Mayor Jurkovich asked to set that study session at noon Friday, January 19, 2018, in the city manager s office. Hernandez reminded the commissioners of the employee Christmas party, starting at 5:30 p.m. December 8. Other Business Public Works Director Broce provided an update on the Water Treatment Facility construction project, including the status of the new waste pipeline from the new water treatment plant to the Wastewater Treatment Facility. The commissioners discussed options for reconstruction of the intersection of Fourth Street and Washington Avenue, including whether to opt for full brick or concrete replacement, or perhaps some combination of both. Broce said he would obtain costs for the additional options discussed and relay them to the commissioners. Adjournment Commissioner Tweedy moved to adjourn the meeting. Commissioner Oestmann seconded the motion. A voice vote was unanimous in favor of the motion. Mayor Jurkovich declared the meeting adjourned at 6:09 p.m. THE ARKANSAS CITY BOARD OF CITY COMMISSIONERS Dan Jurkovich, Mayor ATTEST: Lesley Shook, City Clerk Prepared by: Andrew Lawson, Public Information Officer December 5, 2017 Page 3

9 Item for City Commission Action Section V Item 2 Meeting Date 12/19/2017 Department/Division City Manager Staff Contacts Andrew Lawson / Lesley Shook Title: Consent Agenda Item: Ratify Mayor Dan Jurkovich s reappointments of Jill Wineinger to the Beautification and Tree Advisory Board, Sara Williams to the Convention and Visitors Bureau Board of Directors, and Bob Baker to the Equal Opportunity and Accessibility Advisory Board. Description: Three City boards have term cycles that expire on January 1 of each year the Beautification and Tree Advisory Board, Convention and Visitors Bureau (CVB) Board of Directors, and Equal Opportunity and Accessibility and Advisory Board. Each board s members serve staggered terms of three (3) years. Jill Wineinger has been on the Beautification and Tree Advisory Board since its rebirth in May She currently serves as acting chair. Staff recommends reappointing her to a new term expiring Jan. 1, Robert Foster does not wish to be reappointed to this Board, which will create an additional vacancy effective January 1, 2018, after Richard Humphrey s October 26 resignation created the first vacancy. Sara Williams, general manager of Best Western Plus Patterson Park Inn, has represented owners or operators of hotels, motels, related businesses, or tourist attractions for the CVB since November Staff and the Board recommend reappointing Williams to a third term expiring Jan. 1, The City values its relationship with Patterson Park Inn, which will begin contributing transient guest tax in Bob Baker served a special one-year term on the Equal Opportunity and Accessibility Advisory Board as it began operations in Staff and the Board recommend reappointing him to a full 3-year term. Commission Options: 1. Approve with the consent agenda. 2. Remove item from the consent agenda for further consideration. Fiscal Impact: Amount: N/A Fund: Department: Expense Code: Included in budget Grant Bonds Other (explain)

10 Approved for Agenda by: City Manager

11 Item for City Commission Action Section V Item 3 Meeting Date 12/19/2017 Department/Division City Manager Staff Contact Lesley Shook, City Clerk Title: Consent Agenda Item: Approve one new and seventeen renewal Cereal Malt Beverage (CMB) Licenses for Description: The attached businesses have requested the City approve their Cereal Malt Beverage license for All proceedures have been followed as outlined in Municipal Code Part II, Chapter 6, Article III, Sec No deficiencies noted. Commission Options: 1. Approve with the consent agenda. 2. Remove from the consent agenda for consideration as new business. Fiscal Impact: Amount: None Fund: Department: Expense Code: Included in budget Grant Bonds Other (explain) Approved for Agenda by: City Manager

12 CEREAL MALT BEVERAGE LICENSE APPLICATIONS FOR 2018 NEW CONSUMPTION ON PREMISES: Business Name Address Owner or * Manager Fast Fred s Billiards 121 S. Summit Tiffany Shea Kawik RENEWALS OF CONSUMPTION ON PREMISES: Business Name Address Owner or * Manager Billy Sims Barbecue 2113 N. Summit *Jonathan Harvey Hillcrest Lanes 2400 N. Summit Richard Doffing Spring Hill Golf Course 3202 N. Summit *Monty Potter Pizza Hut 422 N. Summit *Jeff Hettenbach Taco Tico 2506 N. Summit *John Lynch Burger Junkie 611 W. Madison Christopher Goodman RENEWALS OF PACKAGE SALES ONLY: Business Name Address Owner or * Manager APCO East 804 E. Madison Kevin Swick Ark City Country Mart 616 N. Summit Russell Clark Casey s General Store # N. Summit *Bonnie Green Casey's General Store # S. Summit *Bonnie Green Casey s General Store # N. Summit *Bonnie Green Dillon Store # N. Summit *Patrick Allen Love's Country Store # N. Summit *Kristye Davis Phil Stop 1009 N. Summit *Rebecca Eastman Phil Stop II 801 E. Madison *Rebecca Eastman Walmart # N. Summit *Mark Chickadonz Walgreens # N. Summit *Rachelle Tagg All applications have been reviewed by the proper authorities and are approved for licensing CMB LICENSES NOT RENEWING FOR 2018 Puritan Billiards 121 S. Summit Ownership Change

13 Item for City Commission Action Section V Item 4 Meeting Date 12/19/2017 Department/Division City Manager/Neighborhood Services Staff Contact Josh White Title: Consent Agenda Item: A resolution declaring the boundary and limits of the City of Arkansas City, Kansas. Description: In each year during which the City annexes additional property into its corporate limits, the City Commission is required by state statute to adopt a resolution delineating the updated legal boundary of the City. Staff, with the assistance of Smith & Oakes, Inc., has updated the legal description of the City's boundary which has been incorporated into the attached boundary resolution. The only addition to the boundary this year was from the annexation requested by Wichita Warehouse Realty LLC (Kan-Pak). A map showing the changes is also attached. Commission Options: 1. Approve with the consent agenda. 2. Remove from the consent agenda for consideration as new business. Fiscal Impact: Amount: Fund: Department: Expense Code: Included in budget Grant Bonds Other (explain) Approved for Agenda by: City Manager

14 41ST RD 41ST RD N 2ND ST S D ST S C ST N B ST S B ST N E ST S E ST S F ST ST 81ST RD 2017 Legal Boundary Changes 248TH RD 232ND RD 51ST RD 252ND RD 61ST RD US 77 HWY ST N SUMMIT 61ST RD 242ND RD 244TH RD US 77 HWY 85TH RD 71ST RD 262ND RD W SKYLINE RD US 77 HWY BYPASS 71ST RD 43RD RD 264TH RD 266TH RD N 23RD ST N 15TH ST N SUMMIT ST VALLEY VIE W N 12TH ST N 8TH ST N 6TH ST ST DR DR 272ND RD W RADIO LN N 7TH ST HIGHLAND MEEK AVE N F ST E RADIO LN 272ND RD 274TH DR W ASH AVE N 4TH N A ST N 15TH ST N 14TH ST N 13TH ST W KANSAS AVE E KANSAS AVE US 166 HWY N 12TH ST N B ST E POPLAR AVE 282ND RD N 11TH ST N 9TH ST W CHESTNUT AVE N 4TH ST N 3RD ST N 1ST ST E PINE AVE E BIRCH AVE RD N CENTENNIAL N 5TH ST W CEDAR AVE W VINE AVE W SPRUCE AVE W WALNUT AVE N 2ND ST E LINDEN AVE 286TH RD N A ST N C ST N D ST N F ST US 77 HWY BYPASS LORD RD N COUNTRY CLUB RD E VINE AVE E CHESTNUT AVE W 5TH AVE S 3RD ST S 2ND ST S 1ST ST E 5TH AVE S CENTENNIAL RD S SUMMIT ST S A ST S D ST S G 39TH RD US 166 HWY W MADISON AVE S 5TH ST E MADISON AVE 79TH RD 292ND RD 85TH DR MILL S 6TH ST W TAYLOR AVE S 3RD ST S 2ND ST S 1ST ST S A ST S B ST S C ST E TYLER AVE RD E POLK AVE S M ST E PIERCE AVE 302ND RD 302ND RD 51ST RD 304TH RD 302ND RD 312TH RD Produced by the City of Arkansas City GIS using the best available data to date. The City makes no warranty or representation, expressed or implied, with respect to the data displayed. December 1, Boundary 2017 Boundary Mile Parkerfield Boundary 2017 Annexation

15 RESOLUTION NO A RESOLUTION DECLARIG THE BOUNDARY AND LIMITS OF THE CITY OF ARKANSAS CITY, KANSAS, PURSUANT TO K.S.A BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF ARKANSAS CITY, KANSAS: SECTION ONE. The corporate limits and city boundary of the City of Arkansas City, Kansas, is declared to be confined East of the 6th Principal Meridian, Cowley County, Kansas within either Townships 33, 34 or 35 South and Range 3 or 4 East as follows: Beginning at the intersection of the North line of the Northeast Quarter of Section 26, Township 34 South, Range 3 East of the 6th Principal Meridian; and the West Right-of-Way of the Arkansas City Levee, said point being feet, more or less, from the Northeast Corner of the Northeast Quarter of Section 26, Township 34 South, Range 3 East; thence West along the North line of said Section 26 to the East bank of the Arkansas River; thence Southeasterly along the East bank of the Arkansas River bank to a point, said point being 37.6 feet, more or less, West of the Southwest corner of the Southeast Quarter of Section 36, Township 34 South, Range 3 East and 37.6 feet, more or less, West of the Northwest corner of the Northeast Quarter of Section 1, Township 35 South, Range 3 East of the 6th P.M., Cowley County, Kansas; thence South parallel with the West line of said Section 1, to the South bank of the Arkansas River; thence Easterly along the South bank of the Arkansas River to the Northerly extension of the center line of vacated Baldwin Street in Longview Addition to Arkansas City; thence North along the said Northerly extension of the centerline of vacated Baldwin Street to the North bank of the Arkansas River; thence East along the North bank of the Arkansas River to a point on the West Right-of-Way of the A.T. & S.F. Railroad Spur Track #25; thence Northerly along the West Right-of-Way of the A.T. & S.F. Railroad Spur Tract #25 to a point on the original Right-of-Way of the A.T. & S.F. Railroad; thence Northerly along said original A.T. & S.F. Railroad Right-of-Way to a point on the old Right-of-Way Line of the A.T.&S.F. Railroad; thence Northwesterly on a curve to the left having a chord bearing of North 62 degrees, 03 minutes, 12 seconds West and a chord distance of feet to a point on the South line of the Southwest Quarter of Section 31 of said Township 34 South, Range 4 East; thence East along said South line to the Southeast corner of the Southwest Quarter of Section 31; thence North along the East line of said Quarter Section to the North Right-of-Way line of the Arkansas River levee; thence Easterly along the North Right-of- Way line of the Arkansas River levee to the West line of "M" Street extended; thence North feet, more or less, along the West line of "M" Street extended, to the South line of Sleeth Addition to Arkansas City, Kansas; thence East 40 feet, along the South line of said Sleeth Addition and its extension, to a point; thence North, parallel with the East line of said Sleeth Addition, to the North line of the Southeast Quarter of Section 31 of said Township 34 South, Range 4 East; thence East, along the North line of said Southeast Quarter of Section 31, and the North line of the Southwest Quarter of Section 32 of said Township 34 South, Range 4 East, to the West bank of the Walnut River; thence Northwesterly along the West and South bank of said Walnut River to a point, said point being the intersection of the North line of Jackson Avenue extended, and the West bank of the Walnut River; thence West along the North line of Jackson Avenue extended, to a point; said point being feet, more or less, East of the West line of the Northeast Quarter of Section 31, Township 34 South, Range 4 East of the 6th P.M., Cowley County, Kansas; and 90 feet East of the center of Old Mill Road; (as said Mill Road is shown "remove" on Kansas Department of Transportation plans for project number 18-M (001), said plans are on file in the Office of the City Engineer of Arkansas City); thence Northerly and 90 feet East of the center of Old Mill Road to the South Right-of-Way line of Madison Avenue; thence East, along the South Right-of-Way line of said Madison Avenue, to the East bank of the Walnut River, thence Southerly, along the East bank of the Walnut River, to a point, said point being feet, more or less, South of the North line of the Northeast Quarter of Section 31 of said Township 34 South, Range 4 East; thence East, parallel with the North line of said Northeast Quarter of Section 31, to the East line of said Northeast Quarter of Section 31; thence North, along the East line of said Northeast Quarter of Section 31, to the South Right-of-Way line of Madison Avenue; thence East along the South Right-of-Way line of said Madison Avenue to a point, said point being feet east of the Northwest corner of the Northwest Quarter of Section 32, Township 34 South, Range 4 East, and on the South Right-of-Way line of said Madison Avenue; thence Southerly, a distance of feet to a point feet South and feet East of the Northwest corner of said Quarter Section; thence Southeasterly, feet to a point; thence East, parallel with the South Right-of-Way line of Madison

16 Avenue, feet to a point; thence North, parallel with the West line of said Section 32, feet to a point on the South Right-of-Way line of Madison Avenue; thence East, along said South Right-of-Way line to a point 1,465 feet, more or less, West of the Northeast corner of the Northwest Quarter of said Section 32, and on said South Right-of-Way line of Madison Avenue; thence South, feet; thence East feet to a point feet West and feet South of the Northeast corner of the Northwest Quarter of said Section 32, said point lying on the West line of Summit Acres; thence South along the West line of said Summit Acres, and its Southerly extension, to the point where the continuation of the West line of Summit Acres produced South, intersects with the continuation of the South line of Summit Acres produced West; thence East, along the South line of said Summit Acres and its extension, to a point on the East line of said Northwest Quarter of Section 32 of said Township 34 South, Range 4 East; thence South, along said East line of the Northwest Quarter of Section 32, and along the West line of the Northeast Quarter of said Section 32, to a point which lies feet North of the Southwest corner of said Northeast Quarter; thence East 429 feet; thence South, parallel with the West line of said Quarter Section, feet; thence East, parallel with the North line of said Quarter Section, 330 feet; thence Northeasterly, feet, more or less; thence Northerly to the Southwest corner of Running Horse Subdivision; thence Easterly along the South Line of Running Horse Subdivision a distance of feet to the Southeast corner of Running Horse Subdivision; thence Northerly along the East Line of Running Horse Subdivision to a point on the South Right-of-Way line of Madison Avenue, said point being the Northeast corner of Forewood Addition; thence East, along said South Right-of-Way line of said Madison Avenue, to the East line of the Northeast Quarter of Section 32, Township 34 South Range 4 East; thence North along said East line to the Northeast corner of said quarter section, said point also being the Southeast corner of the Southeast Quarter of Section 29 and the Southeast corner of Fountaine Tracts; thence North, along the East line of said Southeast Quarter of Section 29, and along the East line of Fountaine Tracts, to the Northeast corner of said Southeast Quarter of Section 29 and the Northeast corner of Fountaine Tracts; thence continuing North, along the East line of the Northeast Quarter of Section 29, a distance of 938 feet; thence West, 606 feet; thence North, 32 feet; thence West, parallel with the South line of said Quarter section to a point on the West Right-of-Way of Lord Road; thence North along the West Right-of-Way of Lord Road to the Northeast Corner of a tract described in Book 503, Page 540 at the Cowley County Register of Deeds Office; thence Westerly 160 feet to the Northwest Corner of a tract described in Book 503, Page 540 at the Cowley County Register of Deeds Office; thence Southerly parallel with the West Right-of-Way of Lord Road a distance of 915 feet to the Southwest Corner of a tract described in Book 253, Page 515 at the Cowley County Register of Deeds Office; said point being on the North Line of the South Half of the Southwest Quarter of the Northeast Quarter of said Section 29; thence West, along the North line of the South Half of the Southwest Quarter of the Northeast Quarter of said Section 29, to the Northwest corner of said South Half of the Southwest Quarter of the Northeast Quarter of said Section 29; thence North, along the North-South Half Section line of said Section 29, to a point, said point being feet, more or less, North of the Southeast corner of the Northwest Quarter of said Section 29, Township 34 South, Range 4 East; thence West on a line parallel with the South line of said Quarter Section, a distance of feet to a point; thence Southerly to a point at the intersection of the centerline of Rock Meadow Road and the centerline of the road curving toward the Northwest; thence Northwest along the centerline of the road on a curve to the left whose central angle is 91 degrees and 26 minutes and whose tangent is 100 feet, a distance of feet; thence West along the centerline of the road, a distance of feet; thence Southwest along the centerline of the road curving to the left with a central angle of 56 degrees 52 minutes and with a tangent of 90 feet, a distance of feet, more or less; thence Southwest along the centerline of said road, a distance feet, more or less; thence Southwest, along the centerline of said road, on a curve to the left with a central angle of 7 degrees 38 minutes and with a tangent of 90 feet, a distance of feet, more or less; thence Southwest, along the centerline of said road, a distance of feet, more or less; thence Southwest along the centerline of said road on a curve to the left with a central angle of 8 degrees and 48 minutes, with a tangent of 50 feet, a distance of feet, more or less; thence Southwest along the centerline of said road to a point, said point being 1075 feet West and 435 feet, more or less, North of the Southeast corner of the Northwest Quarter of Section 29 of said Township 34 South, Range 4 East; thence South 435 feet, more or less, parallel with the East line of said Quarter Section, to the South line of said Quarter Section; thence West 265 feet, more or less, along the South line of said Quarter Section; thence North 792 feet, more or less, parallel with the East line of said Northwest Quarter Section; thence West 220 feet, more or less, parallel with the South line of said Quarter Section; thence South, 792 feet, more or less, parallel with the East line of said Quarter Section, to a point on the South line of said Quarter Section; thence West, along the South line of said Northwest Quarter of Section 29, Township 34 South, Range

17 4 East, to the East bank of the Walnut River; thence Southwesterly, along the East bank of the Walnut River to a point, said point being feet, more or less, East of the West line of the Southwest Quarter of Section 29 of said Township 34 South, Range 4 East of the 6th P.M., Cowley County, Kansas; thence South 375 feet, more or less, parallel with the West line of said Quarter Section; thence West feet, more or less, parallel with the South line, and to a point on the West line of said Quarter Section; thence Southerly along the West line of said Quarter Section, to a point, said point being the North line of Lewis Subdivision to Arkansas City, Kansas, extended; thence West along the North line of said Lewis Subdivision, and its extension, a distance of feet, more or less; thence Northwest, on a forward right angle of 45 degrees and 54 minutes, to a point, said point being feet, more or less, North of the South line of Adams Avenue extended, and 25 feet, more or less, East of the East line of "H" Street; thence North, parallel with and 25 feet East of the East line of "H" Street to the South line of Central Avenue extended (also being the East Right-of-Way of the Arkansas City Bypass); thence Northeast to the Southwest corner of a tract recorded in Book 509, Page 662 at the Cowley County Register of Deeds Office; thence continuing North along said East Right-of-Way and the West Line of said recorded tract to the Northwest Corner of said recorded tract; thence Northeasterly along said East Right-of-Way and the North Line of said recorded tract to the Northeast Corner of said recorded tract; thence North to a point on the North Right-of-Way of Chestnut Avenue; thence Northwesterly along the East Right-of-Way of the Arkansas City Bypass to a point on the East Line of recorded Tract No. 14 of District Court Condemnation Case No. 95-C57-W; thence Northerly along said East Right-of-Way and the East Line of said recorded tract to a point on the South Line of the North Half of the Northeast Quarter of Section 29 & 30, Township 34 South, Range 4 East; thence Easterly along said South Line of the North Half of the Northeast Quarter of said Section 29 & 30 to a point on the West Bank of the Walnut River; thence Northerly along said West Walnut River Bank to a point on the North Line of said Section 29; thence to the Southeast corner of the West Half of the Southwest Quarter of Section 20, Township 34 South, Range 4 East; thence North along the East line of the West Half of the Southwest Quarter of said Section 20, to a point on the North line of the Southwest Quarter of said Section 20; thence North to the North Right-of-Way of Kansas Avenue; thence West along the North Right-of-Way of Kansas Avenue to the Southwest Corner of Lot 8, Block 7, Thompson s Gardens Subdivision; thence continuing West along the North Right-of-Way of Kansas Avenue a distance of 25 feet to the centerline of vacated M Street; thence Northerly along said centerline a distance of 425 feet to the centerline of vacated Palmetto Avenue; thence Easterly along said centerline a distance of 375 feet to a point on the West Right-of-Way of 71 st Road (Greens Farm Road), said point also lying 30 feet West of the East Line of the Northeast Quarter of Section 19, Township 34 South, Range 4 East; thence Northerly along said West Rightof-Way of 71 st Road to its intersection with the North Line of the Southeast Quarter of Section 18, Township 34 South, Range 4 East; thence West along the North line of the Southeast Quarter of said Section 18 to a point on the West Right-of-Way of U.S. Highway 77 Bypass; thence Northerly along said West Right-of-Way of U.S. Highway 77 Bypass to a point on the South line of the Southeast Quarter of Section 7, Township 34 South, Range 4 East of the 6 th P.M.; thence continuing Northerly along said West Right-of-Way of U.S. Highway 77 Bypass a distance of 200 feet to a point; thence Southwesterly to the intersection of said South line of the Southeast Quarter of Section 7 and the East Right-of-Way of the Atchison, Topeka and Santa Fe Railroad, thence Westerly along the South line of said Section 7 to the East Right-of-Way of U.S. Highway 77B (Summit Street); thence North along said East Right-of-Way to the Easterly extension of the North Right-of-Way of Skyline Road; thence Westerly along said North Right-of-Way of Skyline Road to a point that is North 86 degrees, 59 minutes West, feet from the Southeast Corner of the Southeast Quarter of Section 12, Township 34 South, Range 3 East (with the South line of said Quarter section having an assumed bearing of South 88 degrees, 40 minutes West); thence North 01 degrees, 20 minutes West, 20.0 feet to the Southeast corner of a tract recorded in Book 493, Page 307 at the Cowley County Register of Deeds; thence North 81 degrees, 05 minutes East a distance of feet to a point on the West Right-of-Way of 61 st Road; thence N W, along the West Right-of-Way of 61st Road, a distance of feet; thence N E along said West Right-of-Way line, a distance of feet; thence N E along said West Right-of-Way line, a distance of feet; thence S W parallel to the South line of the Southeast Quarter of Section 12, Township 34 South, Range 3 East, a distance of feet; thence Northerly on a non-tangent curve to the right having a chord bearing of N W, a radius of 530 feet, a central angle of , and a distance of feet to a point; thence N W a distance of feet; thence Northerly on a curve to the right, tangent to the last described course, having a radius of 470 feet, a central angle of , and a distance of feet to a point; thence N W, parallel with the West line of said Southeast Quarter, a distance of feet to a point on the South Right-of-Way of Goff Industrial Park Road; thence S W along

18 said South Right-of-Way line, a distance of feet; thence S E, parallel with West line of said Southeast Quarter, a distance of feet; thence S W, parallel with South line of said Southeast Quarter, a distance of feet; thence S E, parallel with the West line of said Southeast Quarter, a distance of feet, more or less, to a point on the North Right-of-Way of Skyline Road; thence Westerly along said North Right-of-Way of Skyline Road to a point that is feet East of the West Line of the Southeast Quarter of Section 12, Township 34 South, Range 3 East; thence North parallel with the West Line of the Southeast Quarter of Section 12, Township 34 South, Range 3 East; to a point on the North Right-of-Way of Goff Industrial Park Road; thence East along the North Right-of-Way of Goff Industrial Park Road to a point on the East Right-of-Way of the Abandoned St. Louis & San Francisco Railroad; thence North along the East Rightof-Way of said Abandoned St. Louis & San Francisco Railroad to a point on the North line of the Southeast Quarter of Section 12, Township 34 South, Range 3 East; thence West along said North line to a point on the Centerline of the Abandoned St. Louis & San Francisco Railroad; thence Northwesterly along the Centerline of said Abandoned St. Louis & San Francisco Railroad Right-of-Way to the North Line of Walkerwae Tracts Produced; thence Easterly along said North Line of Walkerwae Tracts to a point on the East Right-of-Way of said Abandoned St. Louis & San Francisco Railroad Right-of-Way; thence Northwesterly along said East Line of Abandoned St. Louis & San Francisco Railroad Right-of-Way to the North Line of the Northeast Quarter of Section 12, Township 34 South, Range 3 East; thence West along said North Line of the Northeast Quarter of Section 12, Township 34 South, Range 3 East to the Northwest Corner of the Northeast Quarter of Section 12, Township 34 South, Range 3 East; thence South along the West Line of Section 12, Township 34 South, Range 3 East, to the Southwest Corner of the Northeast Quarter of Section 12, Township 34 South, Range 3 East; thence West along the North Line of the Southwest Quarter of Section 12, Township 34 South, Range 3 East to a point on the West Right-of-Way of Eighth Street; thence South along the West Right-of-Way of Eighth Street to a point on the North Right-of-Way of Skyline Road; thence West along the North Right-of-Way of Skyline Road to a point on the West Right-of-Way of Fifteenth Street produced; thence South along the West Right-of-Way of Fifteenth Street produced to a point on the South Right-of-Way of Skyline Road produced; thence East along the South Right-of-Way of Skyline Road to a point feet West and 30 feet South of the Northeast Corner of the Northwest Quarter of Section 13, Township 34 South, Range 3 East; thence South parallel with the East Line of the Northwest Quarter of Section 13, Township 34 South, Range 3 East a distance of feet to a point; thence East parallel with the North Line of the Northwest Quarter of Section 13, Township 34 South, Range 3 East a distance of feet to a point; thence South parallel with the East Line of the Northwest Quarter of Section 13, Township 34 South, Range 3 East a distance of feet to a point; thence East a distance of to the Northwest Corner of a tract described in Book 481, Page 159 at the Cowley County Register of Deeds Office; thence Southerly parallel with the East line of the Northwest Quarter of said Section 13 a distance of feet to the Southwest Corner of a tract described in Book 650, Page 604 at the Cowley County Register of Deeds Office; thence Easterly along the South Line of said recorded tract a distance of feet to a point on the West Right-of-Way of Eighth Street; thence South along the West Right-of-Way of Eighth Street to a point on the North line of the Southwest Quarter of Section 13, Township 34 South, Range 3 East; thence West along the North line of the Southwest Quarter of said Section 13, Township 34 South, Range 3 East, to the Northwest corner of the Southwest Quarter of Section 13; thence North, along the East line of the Northeast Quarter of Section 14, Township 34 South, Range 3 East, to the Northeast corner of the South Half of the Southeast Quarter of the Northeast Quarter of said Section 14; thence West, along the North line of the South Half of the Southeast Quarter of the Northeast Quarter of said Section 14, to the Northwest corner of the South Half of the Southeast Quarter of the Northeast Quarter of said Section 14; thence South, along the West line of the South Half of the Southeast Quarter of the Northeast Quarter of said Section 14, to the Southwest corner of the South Half of the Southeast Quarter of the Northeast Quarter of said Section 14; thence East, along the North line of the Southeast Quarter of said Section 14, to a point that lies 1227 feet West of the Northeast corner of said Southeast Quarter; thence South, parallel with the East line of said Southeast Quarter, a distance of feet, more or less; thence West, a distance of feet, thence South, feet to the South line of the Southeast Quarter of said Section 14; thence West, along the South line of the Southeast Quarter of said Section 14, and along the North line of the Northeast Quarter of Section 23, Township 34 South, Range 3 East, to the intersection of said North line of the Northeast Quarter of Section 23, with the centerline of Chilocco Avenue in Riverview Addition (now vacated); thence South, along the centerline of Chilocco Avenue, to the intersection of the centerline of Chilocco Avenue with the centerline of Fairview Avenue in said Riverview Addition (now vacated); thence West, along the centerline of Fairview Avenue, to the intersection of the centerline of Fairview Avenue with the centerline of Berwyn Avenue in said

19 Riverview Addition (now vacated); thence South, along the centerline of Berwyn Avenue, to the intersection of the centerline of Berwyn Avenue with the centerline of Riverview Avenue; said point being the Southwest corner of the Northwest Quarter of the Northeast Quarter of said Section 23; thence South, along the West line of the Northeast Quarter of said Section 23, to the South line of Riverview Second Addition; thence continuing South, along the West line of the Northeast Quarter of said Section 23, to the Southwest corner of the Southwest Quarter of the Northeast Quarter of said Section 23; thence continuing South, a distance of 825 feet, to a point; thence East, a distance of feet, to a point; thence North, a distance of 825 feet, to a point on the North line of the Northeast Quarter of the Southeast Quarter of said Section 23, and on the South line of the Northeast Quarter of said Section 23; thence East, along the South line of said Northeast Quarter of Section 23 to a point, said point being feet, more or less, West of the Southeast corner of the Northeast Quarter of said Section 23; thence South, feet, more or less, parallel with the East line of the Southeast Quarter of said Section 23; thence East, feet, more or less, parallel with the North line of said Southeast Quarter of Section 23, to a point on the East line of said Southeast Quarter of Section 23; thence South, along the East line of the said Southeast Quarter to the Northeast corner of a Mitigation Area, with said point being feet North of the Southeast corner of said Southeast Quarter of Section 23, Township 34 South, Range 3 East of the 6th P.M., thence Northwesterly along the North line of said Mitigation Area a distance of feet; thence Southwesterly along the North line of said Mitigation Area a distance of feet, to the East Arkansas City Levee Right-of-Way North terminus point; thence Northwesterly along the City of Arkansas City Levee Right-of-Way Northerly terminus line a distance of feet to the West Arkansas City Levee Right-of- Way North terminus point; thence Southerly along the West Arkansas City Levee Right-of-Way to a point on the South line of the Southeast Quarter of Section 23, Township 34 South, Range 3 East; and the point of beginning; said point being feet, more or less, from the Southeast Corner of the Southeast Quarter of Section 23, Township 34 South, Range 3 East. ALSO INCLUDING A TRACT OF LAND DESCRIBED AS FOLLOWS: Beginning at a point 430 feet South and 40 feet West of the Northeast corner of the Northwest Quarter of Section 29, Township 34 South, Range 4 East; thence South 480 feet parallel with the East line of said quarter section; thence West 480 feet parallel with the North line of said quarter section; thence North 480 feet parallel with the East line of said quarter section; thence East 480 feet to point of beginning, Cowley County, Kansas ALSO INCLUDING A TRACT OF LAND DESCRIBED AS FOLLOWS: Beginning at the Northwest Corner of the Southwest Quarter of Section 21, Township 34 South, Range 4 East of the 6th Principal Meridian, Cowley County Kansas; Thence S W along the West line of said Southwest Quarter, feet to the true point of beginning; Thence S E,35.00 feet along the South Right-of-Way line of Kansas Avenue; thence, N E, feet along the South Right-of-Way line of Kansas Avenue; thence S E, feet along the South Right-of-Way line of Kansas Avenue; thence N E, feet along the South Right-of-Way line of Kansas Avenue; thence S W, feet; thence S E, feet; thence along a curve to the right with a radius of feet, a arc distance of feet, said curve having a chord bearing of S E and a chord length of feet; thence along a curve to the left with a radius of feet, an arc distance of feet, said curve having a chord bearing of S E, and a chord length of feet; thence along a curve to the right with a radius of feet a distance of feet, said curve having a chord bearing of S E and a chord length of feet; thence S West, 6.16 feet; thence S E, feet; thence S E, feet; thence along a curve to the right with a radius of feet, a distance of feet, said curve having a chord bearing of N E, and a chord length of feet; thence N E, feet; thence S E, feet; thence along a curve to the right with a radius of feet a distance of feet, said curve having a chord bearing of N E and a chord length of feet; thence S E, feet; thence S E, feet thence N W, feet; thence N W, feet; thence N E, along the West line of said Southwest Quarter, feet to the point of beginning. ALSO INCLUDING A TRACT OF LAND DESCRIBED AS FOLLOWS: A tract of land situated in the West Half of Section 32, Township 34 South, Range 4 East of the 6th Principle Meridian, Cowley County, Kansas, being more

20 particularly described as follows: Commencing at the Northwest Corner of the Northwest Quarter of Section 32, Township 34 South, Range 4 East of the 6th Principle Meridian, Cowley County, Kansas; thence South 1 degree, 8 minutes, 58 seconds East along the West Line of said Northwest Quarter a distance of feet to a point on the East Walnut River Channel Right-of-Way, and the Point of Beginning; thence South 60 degrees, 10 minutes, 35 seconds East along said East Channel Right-of-Way a distance of feet to a point; thence South 60 degrees, 51 minutes, 52 seconds East along said East Channel Right-of-Way a distance of feet to a point; thence South 47 degrees, 16 minutes, 30 seconds East a distance of feet to a point on said East Channel Right-of-Way; thence South 31 degrees, 24 minutes, 45 seconds East along said East Channel Right-of-Way a distance of feet, more or less, to a point on the South Line of the Abandoned MOPAC Railroad Right-of-Way; thence Southwesterly along said Abandoned South Right-of-Way a distance of feet, more or less, to a point on the East Bank of the Walnut River; thence Northwesterly along said East Bank a distance of feet, more or less, to a point at right angles feet South and feet East of the Northwest Corner of said Northwest Quarter; thence North 61 degrees, 30 minutes, 0 seconds West a distance of feet, more or less, to a point on the West line of said Northwest Quarter; thence North 1 degree, 8 minutes, 58 seconds West along said Northwest Quarter Line a distance of feet to the Point of Beginning; containing acre(s), more or less. ALSO INCLUDING A TRACT OF LAND DESCRIBED AS FOLLOWS: A tract of land situated in the South Half of Section 32, Township 34 South, Range 4 East of the 6th Principle Meridian, Cowley County, Kansas, being more particularly described as follows: Commencing at the Northwest Corner of the Northwest Quarter of Section 32, Township 34 South, Range 4 East of the 6th Principle Meridian, Cowley County, Kansas; thence South 1 degree, 8 minutes, 58 seconds East a distance of feet to a point on the East Walnut River Channel Rightof-Way; thence South 60 degrees, 10 minutes, 35 seconds East along said East Channel Right-of-Way a distance of feet to a point; thence South 60 degrees, 51 minutes, 52 seconds East along said East Channel Rightof-Way a distance of feet to a point; thence South 31 degrees, 16 minutes, 3 seconds East along said East Channel Right-of-Way a distance of feet to the Point of Beginning; thence South 89 degrees, 41 minutes, 1 second East a distance of feet to a point; thence South 1 degrees, 8 minutes, 58 seconds East a distance of feet to a point; thence South 89 degrees, 41 minutes, 1 second East a distance of feet to a point; thence North 0 degrees, 18 minutes, 59 seconds East a distance of feet to a point; thence South 89 degrees, 41 minutes, 1 second East a distance of feet to a point; thence South 1 degree, 43 minutes, 59 seconds East a distance of feet to a point; thence South 89 degrees, 43 minutes, 9 seconds West a distance of feet to a point on said East Channel Right-of-Way; thence North 58 degrees, 6 minutes, 40 seconds West along said East Channel Right-of-Way a distance of feet to a point; thence North 46 degrees, 19 minutes, 13 seconds West along said East Channel Right-of-Way a distance of feet to a point; thence North 31 degrees, 16 minutes, 3 seconds West along said East Channel Rightof-Way a distance of feet to the Point of Beginning, containing acre(s), more or less. ALSO INCLUDING A TRACT OF LAND DESCRIBED AS FOLLOWS: A tract of land situated in the Northwest Quarter of Section 5, Township 35 South, Range 4 East of the 6th Principle Meridian, Cowley County, Kansas, being more particularly described as follows: Commencing at the Northwest Corner of the Northwest Quarter of Section 5, Township 35 South, Range 4 East of the 6th Principle Meridian, Cowley County, Kansas; thence South 1 degree, 59 minutes, 45 seconds East along the West Line of said Northwest Quarter a distance of feet to a point on the South Arkansas City Levee Right-of-Way; thence South 41 degrees, 22 minutes, 18 seconds East along said South Levee Right of Way a distance of feet to a point; thence Southeasterly on a curve to the left along said South Levee Right of Way having a central angle of 17 degrees, 22 minutes, 17 seconds and a radius of feet a distance of feet to a point; thence South 58 degrees, 44 minutes, 35 seconds East along said South Levee Right of Way a distance of feet to the Point of Beginning; thence North 1 degree, 59 minutes, 45 seconds West a distance of feet to a point; thence North 89 degrees, 31 minutes, 15 seconds East a distance of feet to a point; thence South 1 degree, 59 minutes, 45 seconds East a distance of feet to a point; thence North 89 degrees, 31 minutes, 15 seconds East a distance of feet to a point; thence South 1 degree, 51 minutes, 45 seconds East a distance of feet to a point

21 on said South Levee Right of Way; thence South 89 degrees, 35 minutes, 26 seconds West along said South Levee Right of Way a distance of feet to a point; thence Northwesterly on a curve to the right along said South Levee Right of Way having a central angle of 3 degrees, 11 minutes, 9 seconds and a radius of feet a distance of feet to a point; thence North 87 degrees, 13 minutes, 23 seconds West along said South Levee Right of Way a distance of feet to a point; thence Southwesterly on a curve to the left along said South Levee Right of Way having a central angle of 17 degrees, 33 minutes, 56 seconds and a radius of feet a distance of feet to a point; thence South 75 degrees, 12 minutes, 48 seconds West along said South Levee Right of Way a distance of feet to a point; thence Southwesterly on a curve to the right along said South Levee Right of Way having a central angle of 12 degrees, 34 minutes, 54 seconds and a radius of feet a distance of feet to a point; thence South 87 degrees, 47 minutes, 46 seconds West along said South Levee Right of Way a distance of feet to a point; thence Northwesterly on a curve to the right along said South Levee Right of Way having a central angle of 33 degrees, 27 minutes, 41 seconds and a radius of feet a distance of feet to a point; thence North 58 degrees, 44 minutes, 35 seconds West along said South Levee Right of Way a distance of feet to the Point of Beginning; containing 7.23 acre(s), more or less. ALSO INCLUDING A TRACT OF LAND DESCRIBED AS FOLLOWS: A tract of land situated in the Southwest Quarter of section 7, Township 34 South, Range 4 East of the 6th Principal Meridian, Cowley County, Kansas, being more particularly described as follows: Commencing at the Northeast Corner of the Southwest Quarter of Section 7, Township 34 South, Range 4 East of the 6th Principal Meridian, Cowley County, Kansas; thence South along the East line of said Southwest Quarter a distance of feet to a point on the South Right-of- Way of U.S. Hwy 77 By-pass, and the Point of Beginning; thence continuing South along the East line of said Southwest Quarter a distance of feet to a point on the East Right-of-Way of the A.T. & S.F. Railroad, thence Northerly along the A.T. & S.F. Railroad Right-of-Way, a distance of feet, more or less, to a point on the South Right-of-Way of the U.S. Hwy 77 By-pass; thence East along the South Right-of-Way of the U.S. Hwy 77 By-pass a distance of feet to the Point of Beginning, containing 4.40 acre(s), more or less. ALSO INCLUDING A TRACT OF LAND DESCRIBED AS FOLLOWS: A tract of land described as follows: Beginning at a point feet South and 1380 feet East of the Northwest corner of the Northeast Quarter of Section 29, Township 34 South, Range 4 East of the 6 th P.M.; thence North parallel to the West line of said Quarter Section 150 feet to a point; thence East parallel to the South line of said Quarter Section 350 feet to a point; thence South parallel to the West line of said Quarter Section 150 feet to point; thence West 350 feet to the point of beginning. ALSO INCLUDING A TRACT OF LAND DESCRIBED AS FOLLOWS: Lot 2 and the Southeast Quarter of the Northwest Quarter of Section 31, Township 33 South, Range 4 East of the 6th P.M., except the West 33 feet thereof; AND All that part of the Southwest Quarter of Section 31, T 33 S, R 4 E of the 6th P.M. lying West of U.S. Highway 77, except the West 33 feet thereof; AND All that part of the Northwest Quarter of Section 6, T 34 S, R 4 E of the 6th P.M. lying West of U.S. Highway 77, North of the South Right-of-Way of 242nd Road, and East of the East Right-of-Way of 61st Road produced; ALL ABOVE WITHIN THE CITY LIMITS OF ARKANSAS CITY, KANSAS; EXCEPT: A tract of land in the Northwest Quarter of Section 36, Township 34 South, Range 3 East, beginning at a point 550 feet West, and 30 feet South of the Northeast corner of the Northwest Quarter of said Section, said point being on the South Right-of-Way line of U.S. Highway 166; thence South, parallel with the East line of said Quarter Section 500 feet; thence East, parallel with the North line of said Quarter Section 100 feet; thence South, parallel with the East line of said Quarter Section 1000 feet; thence West, parallel with the North line of said Quarter Section 1300 feet; thence North, parallel with the East line of said Quarter Section, feet to a point on the South Right-of-Way line of U.S. Highway 166, said point being feet South and 1750 feet West of the Northeast corner of the Northwest Quarter of Section 36; thence Easterly, along said Right-of-Way line of U.S. Highway 166, 1200 feet, more or less, to the point of beginning; ALSO EXCEPT a tract of land in part of the Northeast quarter of Section

22 13, Township 34 South, Range 3 East described as follows; Beginning at a point on the southerly right of way line of Skyline Road said point being feet more or less West of the Northeast corner of the Northeast Quarter of said Section 13 thence South 1230 feet, more or less, parallel with the East line of said Northeast Quarter of Section 13; thence West, parallel with the South line of said Quarter Section, a distance of 380 feet, more or less; thence South, parallel with the East line of said Section 13, a distance of feet; thence West, parallel with the South line of said Quarter Section, a distance of feet, more or less, thence North, parallel with the East line of said Northeast Quarter of Section 13, Township 34 South, Range 3 East, a distance of 340 feet, more or less; thence West, parallel with the South line of said Quarter Section, a distance of 150 feet, more or less, to a point, said point being on the East Right-of-Way line of the Frisco Railroad; thence Southerly along said East Right-of-Way line of the Frisco Railroad, a distance of 80 feet, more or less; thence West, parallel with the South line of said Northeast Quarter of Section 13, a distance of feet, more or less, to the centerline of said Frisco Railroad Right-of-Way; thence Northeast, along the centerline of said Frisco Railroad Right-of-Way, a distance of feet, more or less, to the Southerly Right-of-Way line of Skyline Road thence Easterly along said southerly Right-of-Way line to the point of beginning; ALSO EXCEPT A tract of land beginning at the intersection of the West Right-of-Way of the Arkansas City Bypass and the North Line of the South Half of the Northeast Quarter of Section 30, Township 34 South, Range 4 East; thence Southerly along said West Right-of-Way to a point on the South Line of said Northeast Quarter; thence West along said South Line to a point being feet, more or less, East of the Southwest Corner of said Northeast Quarter; thence Northwesterly feet to the beginning of a curve to the right; thence of said curve to the right with a radius of feet and a central angle of 13 degrees, 53 minutes, 05 seconds to the West Line of the said Northeast Quarter; thence North along said West Line to a point on the North Line of the South Half of said Northeast Quarter; thence East along said Line to the Point of Beginning. ALSO EXCEPT Commencing at the Southwest Corner of the Southwest Quarter of Section 31, Township 33 South, Range 4 East; thence North along the West line of said Southwest Quarter 894 feet; thence East parallel with the South line of said Southwest Quarter feet; thence South parallel with the West line of said Southwest Quarter 498 feet; thence West parallel with the South line of said Southwest Quarter feet; thence South parallel with the West line of said Southwest Quarter 371 feet to the South line of said Southwest Quarter; thence West 330 feet along the South line of said Southwest Quarter to the point of beginning. SECTION TWO: The City Clerk is directed to file a certified copy of this Resolution with the Cowley County Clerk, the Cowley County Register of Deeds and the State Transportation Engineer pursuant to K.S.A SECTION THREE: This Resolution will be in full force and effect from its date of passage by the Governing Body of the City of Arkansas City, Kansas. PASSED AND RESOLVED by the Governing Body of the City of Arkansas City, Kansas, on December 19, ATTEST: Dan Jurkovich, Mayor Lesley Shook, City Clerk APPROVED AS TO FORM: Tamara L. Niles, City Attorney

23 CERTIFICATE I, hereby certify that the above and foregoing is a true and correct copy of the Resolution No of the City of Arkansas City, Kansas adopted by the governing body on December, 2017 as the same appears of record in my office. DATED: Lesley Shook, City Clerk

24 Item for City Commission Action Section VI Item 1 Meeting Date 12/19/2017 Department/Division Finance Department Staff Contact Kathy Cornwell, Finance Director Title: Hold public hearing regarding the proposed 2017 amended budget. Description: Kansas State Statutes allow the governing body to increase the originally adopted budgeted expenditures when additional revenues, other than ad valorem property taxes, are received. The Notice of Hearing for Amending the 2017 Budget was published on December 7, 2017 as required and now a formal budget hearing must be held to hear the public comments on the proposed changes before its adoption. The following funds are being adjusted: Water Fund: Payments originally budged in 2016 for the construction of the Water Treatment Plant were paid in This adjusts the receipt of the loan proceeds and expenditures for Special Highway: At the risk of losing Federal Exchange Dollars through the State of Kansas, the Commission decided to proceed with the 15 th Street project. The budget is being amended to account for the additional receipts and expenditures for that project. Commission Options: 1. Open public hearing on amending the 2017 Budget. Receive public comment. Close public hearing. Recommended by Staff 1 Fiscal Impact: Amount: None Fund: Department: Expense Code: Included in budget Grant Bonds Other (explain) Approved for Agenda by: City Manager

25 Item for City Commission Action Section VI Item 1a Meeting Date 12/19/2017 Department/Division Finance Department Staff Contact Kathy Cornwell, Finance Director Title: First reading of an Ordinance to amend specified funds in the budget for the City of Arkansas City for the year beginning January 1, (Roll Call Vote) Description: Amend the 2017 budget as detailed in the attached State Budget Forms. Commission Options: 1. Adopt the Ordinance approving the 2017 Amended Budget as presented. 2. Adopt the Ordinance approving the 2017 Amended Budget at lower amounts than presented. Recommended by Staff 1 Fiscal Impact: Amount: Various amounts as stated in the budget forms. Fund: Department: Expense Code: Included in budget Grant Bonds Other (explain) Approved for Agenda by: City Manager

26 (First Published in The Cowley Courier Traveler, 2017) ORDINANCE NO APPROVING, ADOPTING, AND APPROPRIATING BY FUND THE BUDGET FOR THE CITY OF ARKANSAS CITY FOR THE YEAR BEGINNING JANUARY 1, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF ARKANSAS CITY: SECTION ONE: The proposed budget and financial statement as shown on the Standard State Budget Forms and subsequent to Notice of Hearing and Public Hearing is approved, adopted and appropriated by fund as the maximum amount to be expended for the budget year starting January 1, 2017; and SECTION TWO: The governing body certifies that the amounts to be raised by Ad Valorem Property Tax Levies are within statutory or duly adopted Charter Ordinance Limitations. Funds Adopted 2017 Expenditures Proposed Amended 2017 Expenditures Water 16 15,616,661 20,616,661 Special Highway 21 1,170,605 1,835,219 Total All Funds $16,787,266 $22,451,880 SECTION THREE: The City Clerk shall cause this Ordinance to be published one time in the official City newspaper, and said Ordinance shall be in effect upon publication. PASSED AND APPROVED by the Governing Body of the City of Arkansas City, Kansas, this 19 th day of December, Dan Jurkovich, Mayor ATTEST: Lesley Shook, City Clerk CERTIFICATE I, hereby certify that the above and foregoing is a true and correct copy of the Ordinance No of the City of Arkansas City, Kansas adopted by the governing body on December 19, DATED: Lesley Shook, City Clerk

27 State of Kansas Am endm ent Amended Certificate For Fiscal Year To the Clerk of Cowley, State of Kansas We, the undersigned, duly elected, qualified, and acting officers of City of Arkansas City certify that: (1) the hearing mentioned in the attached publication was held;(2) after the Budget Hearing this Budget was duly approved and adopted as the maximum expenditure for the various funds for the year Amended Budget Amount of Adopted Proposed Amended Page Table of Contents: No. Tax Levied Expenditures Expenditures Fund K.S.A. Water ,616,661 20,616,661 Special Highway ,170,605 1,835,219 Totals xxxxxxxxx 0 16,787,266 22,451,880 Summary of Amendments 4 Attested date: Assisted by: N/A Address: County Clerk DRAFT Governing Body Page No. 1

28 City of Arkansas City 2017 State of Kansas Amendment Adopted Budget Water 16 Adopted Proposed Budget Budget Unencumbered Cash Balance January 1 4,757,422 2,029,535 Receipts: Ad Valorem Tax Delinquent Tax Motor Vehicle Tax Recreational Vehicle Tax 16/20M Vehicle Tax Water Receipts 3,600,000 3,700,000 Connection Fees 81,000 81,000 Sale of Assets 0 55,100 Penalties and Other Receipts 27,100 47,417 Loan Proceeds 10,000,000 17,000,000 Interest on Idle Funds 2,500 2,500 Miscellaneous 7,600 8,850 Total Receipts 13,718,200 20,894,867 Resources Available: 18,475,622 22,924,402 Expenditures: Personnel Services 991, ,641 Contractual Services 1,364,300 1,364,300 Commodities 701, ,700 Capital Outlay 23,900 23,900 DRAFT Debt Service 60,120 60,120 Transfer to General Fund 400, ,000 Transfer to Capital Improvement Reserve 12,000,000 17,000,000 Transfer to Bond & Interest Fund 75,000 75,000 Total Expenditures 15,616,661 20,616,661 Unencumbered Cash Balance December 31 2,858,961 2,307,741 Page No. 2

29 City of Arkansas City 2017 State of Kansas Amendment Adopted Budget Special Highway 21 Adopted Proposed Budget Budget Unencumbered Cash Balance January 1 506, ,132 Receipts: Ad Valorem Tax Delinquent Tax Motor Vehicle Tax Recreational Vehicle Tax 16/20M Vehicle Tax State of Kansas Gas Tax 316, ,510 County Transfers Gas 47,160 48,610 KLINK Grant 300, ,000 KDOT Federal Exchange Funds 0 598,885 Interest on Idle Funds Total Receipts 663,940 1,274,005 Resources Available: 1,170,605 2,045,137 Expenditures: Contractual Services 5,000 1,572,219 Commodities 370, ,000 Capital Outlay 795,605 63,000 DRAFT Total Expenditures 1,170,605 1,835,219 Unencumbered Cash Balance December ,918 Page No. 3

30 State of Kansas Am endm ent 2017 Notice of Budget Hearing for Amending the 2017 Budget The governing body of City of Arkansas City will meet on the day of December 19, 2017 at 5:30 p.m. at City Hall Commission Chambers for the purpose of hearing and answering objections of taxpayers relating to the proposed amended use of funds. Detailed budget information is available at City Manager's Office at City Hall and will be available at this hearing. Summary of Amendments 2017 Actual Mill Adopted Budget Amount of Tax Expenditures 2017 Proposed Amended Fund Rate Levied Expenditures Water 16 15,616,661 20,616,661 Special Highway 21 1,170,605 1,835,219 Kathleen A. Cornwell Official Title: Finance Director DRAFT Page No. 4

31 Item for City Commission Action Section VII Item 1 Meeting Date December 19, 2017 Department/Division Human Resource Division Staff Contact Marla McFarland Title: First reading of an Ordinance adopting the pay plan for 2018 (with COLA) and repealing Ordinance (Roll Call Vote) Description: 2018 Pay Ordinance, including 2% Cost of Living Adjustment (COLA), setting compensation for all City employees with the exception of the City Manager who has elected not to receive the COLA in A 2018 Pay Ordinance, without the COLA, was approved by the Commission on December 5, The intent of this item is to repeal the 2018 Pay Ordinance approved on December 5, 2017, and implement this 2018 Pay Ordinance with the COLA. Commission Options: 1. Approve the Ordinance on first reading 2. Table for further consideration. Fiscal Impact: Amount: $149,388 Fund: 01 $111,701 Department: ALL Expense Code: N/A 15 3, , , ,109 Included in budget Grant Bonds Other (explain) Approved for Agenda by: City Manager

32 (First Published in the CowleyCourier Traveler, ) ORDINANCE NO AN ORDINANCE FIXING THE COMPENSATION OF EMPLOYEES OF THE CITY OF ARKANSAS CITY, KANSAS, PURSUANT TO THE PROVISION OF SECTION ET. SEQ OF THE KANSAS STATUTES ANNOTATED AND REPEALING ORDINANCE BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF ARKANSAS CITY, KANSAS: SECTION ONE: The Governing Body of the City of Arkansas City hereby repeals all provisions of Ordinance No Compensation of City Officers and Employees is hereby classified into certain titles and compensation ranges determined, as hereinafter set forth and specified. All such officers and employees of said City shall be paid respectively the amount set opposite the range set forth, in accordance with the City Budget for such purposes. All officers and employees shall be compensated from the several funds appropriated therefore and shall be paid at such time and for such periods as the City Manager may direct and further approval by the City Commission for the payment of salaries and wages as authorized is not deemed necessary provided that pay period and time for payment of appropriate salaries shall be on a bi-weekly basis. SECTION TWO: CITY OF ARKANSAS CITY WAGE PLAN RANGE JOB TITLE RANGE JOB TITLE 10 Burn Pit Attendant 24 Director of Senior Services Clerk Master Police Officer (MPO) Water Distribution & Collection Supervisor 12 Cook/Driver Director of Northwest Community Center (NWCC) & Hogan 25 Police Sergeant Horticulturalist Water Treatment Plant Supervisor Wastewater Treatment Plant Supervisor 13 Head Cook Meter Reader 27 Detective Lieutenant Police Lieutenant 16 Maintenance Custodian Principal Planner Parks & Facilities Maintenance Worker (MW) Public Services Maintenance Worker (MW) 28 City Clerk City Treasurer 17 Administrative Assistant Public Information Officer/Special Projects Coordinator Customer Service Specialist Public Service Officer (PSO) 29 Emergency Medical Services (EMS) Director Records Specialist Information Technology (IT) Manager 18 Distribution & Collection Maintenance Worker (MW) 31 Building Official Parks & Facilities Lead Police Captain Sanitation Lead Public Services Superintendent Street/Storm Water Lead Wastewater Treatment Plant Operator (OP) 32 Assistant Public Works Director Water Treatment Plant Operator (OP) Environmental Services Superintendent 19 Sexton 34 Human Resource Manager Wastewater Collection Lead Parks & Facilities Director Water Distribution Lead Water Treatment Plant Lead 37 Fire/Emergency Medical Services (EMS) Chief Finance Director 20 Combination Inspector Police Chief Electrician 40 Public Works Director/City Engineer 21 Accountant 23 Emergency Management Coordinator Parks & Facilities Supervisor Police Officer Public Services Supervisor

33 Range Minimum Mid-Point Maximum Use this chart for Fire/EMS Department employees working 2920 hours annually (24 hour shifts) Minimum Mid-Point Maximum 21F Firefighter/Emergency Medical Technician (FF/EMT) F Firefighter/Paramedic (FF/PARA) F Fire/Emergency Medical Services Lieutenant F Fire/Emergency Medical Services Captain SECTION THREE: Overtime rate, longevity pay, and other pay incentives for employees shall be determined and specified in accordance with personnel policies in effect, and herein adopted by reference and incorporated as fully set forth herein. SECTION FOUR: All compensation provided for in Section TWO shall be paid on warrants duly drawn according to law. SECTION FIVE: The City Clerk shall cause this Ordinance to be published one time in the official city newspaper and said Ordinance shall be in effect December 23, PASSED AND ORDAINED by the Governing Body of the City of Arkansas City, Kansas, on December 19, 2017.

34 ATTEST: Dan Jurkovich, Mayor Lesley Shook, City Clerk APPROVED AS TO FORM: Tamara L. Niles, City Attorney CERTIFICATE I, hereby certify that the above and foregoing is a true and correct copy of the Ordinance No of the City of Arkansas City, Kansas adopted by the governing body on December 5, 2017 as the same appears of record in my office. DATED: Lesley Shook, City Clerk

35 Item for City Commission Action Section VII Item 2, 2a Meeting Date December 19, 2017 Department/Division Police Staff Contact Chief Dan Ward Title: Consider first reading of an Ordinance authorizing the City of Arkansas City, Kansas, in conjunction with the City of Winfield, Kansas, and the Cowley County Humane Society to enter into an Interlocal Agreement for the operation of the Cowley County Animal Shelter. (Roll Call Vote) 2a. Consider Resolution authorizing service agreement between the City and the Cowley County Humane Society for the operation of the Cowley County Animal Shelter. (Voice Vote) Description: Updates to the service contract language have been made and the Humane Society is requesting an increase of $1,500 in funding for their services. Commission Options: 1. Approve Ordinance on first reading, then approve Resolution. 2. Table for further consideration. Fiscal Impact: Amount: $1,500 Fund: 01 Department: 421 Expense Code: 6224 (Animal Control Expense) Included in budget Grant Bonds Other (explain) Approved for Agenda by: City Manager

36 (First published in the CowleyCourier Traveler 2017.) ORDINANCE AN ORDINANCE AUTHORIZING THE CITY OF ARKANSAS CITY, KANSAS, IN CONJUNCTION WITH THE CITY OF WINFIELD, KANSAS, AND THE COWLEY COUNTY HUMANE SOCIETY TO ENTER INTO AN INTERLOCAL AGREEMENT FOR THE OPERATION OF THE COWLEY COUNTY ANIMAL SHELTER. WHEREAS, the Interlocal Agreement Act (K.S.A et seq.) authorizes any two or more political subdivisions to enter into agreement with one another, for the mutual benefit of the parties; and WHEREAS, the Governing Body has determined that it is in the best interest of the public and the agencies it serves to renew the agreement. NOW BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF ARKANSAS CITY, KANSAS: SECTION ONE: That the Governing Body of the City of Arkansas City hereby authorizes the City to execute an Interlocal Agreement with Cowley County Humane Society and the City of Winfield for the operation of the Cowley County Animal Shelter; a copy of which is attached hereto and made a part hereof. SECTION TWO: That the Governing Body of the City of Arkansas City hereby authorizes the Mayor, City Clerk and/or City Manager of the City of Arkansas City to take such further and other necessary actions that are required to effectuate the intent and purposes of this Legislative Enactment. SECTION THREE: PUBLICATION; EFFECTIVE DATE. This ordinance, or a summary thereof, shall be published one time in the official city newspaper, and shall take effect and be in force from and after said publication. PASSED AND ORDAINED by the Governing Body of the City of Arkansas City, Kansas this 19th day of December, Dan Jurkovich, Mayor ATTEST: Lesley Shook, City Clerk APPROVED AS TO FORM: Tamara L. Niles, City Attorney CERTIFICATE I, hereby certify that the above and foregoing is a true and correct copy of Ordinance No of the City of Arkansas City, Kansas adopted by the City Commission on December 19, 2017 as the same appears of record in my office. DATED:. Lesley Shook, City Clerk

37 Interlocal Cooperation Agreement for the Operation of the Cowley County Animal Shelter This Interlocal Cooperation Agreement hereinafter referred to as the Agreement is made and entered into this 1 st day of January, 2018 by and between Cowley County Humane Society, Inc., a 501c3 not for profit corporation registered in Kansas hereinafter referred to as Society the City of Arkansas City, Kansas, a municipal corporation organized and existing under the laws of the State of Kansas and hereinafter referred to as Arkansas City, and the City of Winfield, a municipal corporation organized under the laws of the state of Kansas and hereinafter referred to as Winfield. PURPOSE The purpose of this agreement is to provide for the continuity for the use of the Cowley County Humane Society to temporarily house, care and disperse unwanted or stray animals by the cities of Winfield and Arkansas City. The shelter previously constructed under the Interlocal Agreement dated March 20, 2002, will continue to be operated by the Society in a safe, accessible and humane manner consistent with the goals of the Society, the laws and regulations of the State of Kansas and the needs of Arkansas City and Winfield. NOW, THEREFORE, IT IS HEREBY AGREED BY AND BETWEEN THE SOCIETY, ARKANSAS CITY, AND WINFIELD AS FOLLOWS: SECTION ONE Cowley County Animal Shelter The animal shelter, which was constructed by the Society, will be operated under the lease with Strother Field. A copy of the lease agreement and a description of the property hereinafter referred to as Premises, is attached to this agreement as Exhibit A. SECTION TWO Ownership Interests Each City and the Society shall continue to have equal one-third (1/3) ownership interest in the shelter facility. Should the Society cease to exist for any reason, the Society agrees to donate its ownership interest in the facility to the two cities and each city shall upon such donation hold an equal ownership interest in the facility and leased interest in the premises for the continued operation of the humane shelter. SECTION THREE Operation of the Shelter, Operational Funding The operation of the shelter is the responsibility of and under the direction of the Society. The Society has retained staff, organized volunteers, and otherwise proceeded to have the facility intake, house and disperse animals in accord with generally recognized standards for such shelters and in accord with federal, state and local regulations. The Society will continue to have necessary procedures and protocols in place to allow use of

38 the shelter by the staff of Arkansas City and Winfield in carrying out their duties for animal control within their respective jurisdictions. Such protocols shall provide for the convenient intake of animals picked up by the city staff and for housing them in conformance with regulations established by city code in the two cities. The Society will undertake a regular program to educate persons in the county and those adopting animals to reduce the number of animals that are not properly cared for, and the number that are not spayed or neutered, to control the population of stray or unwanted offspring. Winfield will contribute $31,500 annually and Arkansas City will contribute $29,400 annually and consideration of in kind services to the operations of the shelter. In the case in which Arkansas City is not able to provide in kind services, the annual contribution will match Winfield s. While the cities will provide for support for the operation of the shelter, it is expected that the Society will receive the majority of its financing from fees, donations and contributed volunteer labor. Should circumstances change that require changes in the formula for operational funding the parties to this agreement shall negotiate a mutually acceptable amendment to the agreement. Additionally, the Society, Winfield and Arkansas City shall contribute $2,000 annually for capital improvements. The capital improvements need not be approved by the cities; however, it should be defined as any repair or addition of equipment or fixtures that stay with the building. Payments to the Society shall be made quarterly in advance. Both Arkansas City and Winfield shall appoint one representative to the governing board of the Society. The purpose of such representation shall be to foster good communication between the parties and to provide for appropriate oversight of the cities investment in the community facility and service. SECTION FOUR Annual Reports Upon request, the Society shall submit to Arkansas City and Winfield an annual report reviewing activities and performance of the Society and an Income and Expense Report. Such reports shall be filed in the principal offices of Arkansas City and Winfield no later than August 1 st of the year following the close of the prior calendar year. SECTION FIVE Term of Agreement, Termination This agreement shall operate from and after the date first above written until December 31, Any of the parties hereto may withdraw from this agreement by giving the other parties written notice. Any party so withdrawing from this agreement shall be obligated to pay its proportionate share as set forth in Section Two and Three for the twelve-month period following the date of notice of withdrawal from this agreement. Upon termination, all assets and liabilities of the Shelter will be identified and a settlement agreement shall be negotiated by all parties for continued operation or closure of the Shelter. SECTION SIX

39 Approval and Authorization The Society, Arkansas City and Winfield warrant and represent by execution of this agreement that this agreement has been approved by their governing bodies and by their legal counsel and that the execution, delivery and performance of this agreement has been authorized by resolution of the Society and by ordinance of the cities and that the agreement constitutes a legal, valid and binding obligation upon the Society, Arkansas City and Winfield in accordance with its terms. SECTION SEVEN Notices Any notice, request, demand or other communication required by this agreement shall be in writing and shall be deemed duly given if personally delivered or mailed by certified or registered mail, return receipt requested, postage prepaid to the following recipients and address: Cowley County Human Society nd Rd. Winfield, KS City of Arkansas City Board of City Commissioners P.O. Box 778 Arkansas City, KS City of Winfield Board of City Commissioners P.O. Box 646 Winfield, KS SECTION EIGHT Amendments This agreement may be amended in any or all respects but only by express, written agreement of the parties thereto authorized by action of the governing bodies of each of the parties in the same manner as the original agreement was approved and in accordance with the requirements of the Kansas Interlocal Cooperation Act. SECTION NINE Binding Effect This agreement shall be binding upon and the benefits inure to the parties hereto and their respective representatives, successors and assigns. SECTION TEN Applicable Law

40 This agreement shall be governed and construed in accordance with the laws of the State of Kansas. SECTION ELEVEN Venue It is agreed by and between the parties that should any legal dispute arise concerning the validity and the effect of this agreement, or any breach of the agreement then the venue for such dispute shall be in the District Court of Cowley County, Kansas. SECTION TWELVE Severance If any section, subsection, paragraph, sentence, clause, phrase of this agreement should be determined to be invalid for any reason whatsoever in a court of competent jurisdiction, such decision shall not affect the remaining provisions of the agreement, which shall remain in full force and effect and to this end the provisions of this agreement are hereby declared to be severable and shall be presumed to have been agreed upon knowing that the part or section declared invalid would be so declared. SECTION THIRTEEN Effective Date This agreement shall take effect and be in force upon its execution by all parties hereto and upon approval by the Attorney General of the State of Kansas and upon filing of the agreement with the Register of Deeds of Cowley County and the Kansas Secretary of State.

41 CITY OF WINFIELD, KANSAS Mayor ATTEST City Clerk CITY OF ARKANSAS CITY, KANSAS Mayor ATTEST City Clerk COWLEY COUNTY HUMANE SOCIETY President ATTEST Secretary The foregoing amendment to the Interlocal Cooperation Agreement for the creation and participation in the Cowley County Animal Shelter is hereby approved in accordance with K.S.A et. seq on this day of, Derek Schmidt, Attorney General State of Kansas

42 RESOLUTION NO A RESOLUTION AUTHORIZING A SERVICE AGREEMENT BETWEEN THE CITY OF ARKANSAS CITY, KANSAS, AND THE COWLEY COUNTY HUMANE SOCIETY FOR THE OPERATION OF THE COWLEY COUNTY ANIMAL SHELTER. NOW BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF ARKANSAS CITY, KANSAS: SECTION ONE: That the Governing Body of the City of Arkansas City hereby authorizes the City to execute a Service Agreement with Cowley County Humane Society for the operation of the Cowley County Animal Shelter; a copy of which is attached hereto and made a part hereof. SECTION TWO: That the Governing Body of the City of Arkansas City hereby authorizes the Mayor and/or City Manager of the City of Arkansas City to take such further and other necessary actions that are required to effectuate the intent and purposes of this Legislative Enactment. SECTION THREE: This Resolution will be in full force and effect from its date of passage by the Governing Body of the City of Arkansas City. PASSED AND RESOLVED by the Governing Body of the City of Arkansas, Kansas this 19th day of December, (Seal) ATTEST: Dan Jurkovich, Mayor Lesley Shook, City Clerk APPROVED AS TO FORM Tamara Niles, City Attorney CERTIFICATE I, hereby certify that the above and foregoing is a true and correct copy of the Resolution No of the City of Arkansas City, Kansas adopted by the governing body on December 19, 2017 as the same appears of record in my office. DATED:. Lesley Shook, City Clerk

43 Exhibit A HOKOgl '7 PAGE060 LEASE AGREEMENT THIS AGREEMENT OF LEASE, entered into effective this9c= day of 2002, by and between: the STROTHER FIELD AIRPORT/ INDUSTRIAL PARK, an interlocal governmental entity jointly owned and operated by Arkansas City and Winfield, Kansas, the Cities of herein referred to as " Landlord", and, the CITIES OF ARKANSAS CITY, KANSAS AND WINFIELD, KANSAS, municipal corporations of the State of Kansas to jointly hold, construct and operate a " Humane Shelter", herein referred to as " Tenant". WITNESSETH: In consideration of the terms, conditions, and covenants hereinafter set forth, the parties agree as follows: 1) Demised Premises: 1- a) Landlord hereby leases and Tenant does hereby lease from Landlord a certain 5 acre tract of real estate east of US 77 and north of Cowley County 27 legally described in attached " Exhibit A" and hereinafter referred to as the " Premises" together with all and singular the appurtenances, rights, privileges, and easements in any wise pertaining thereto, together with right of access to any adjoining streets or alleys. BOOK OOZ7 PAGE O6O

44 BOOK O917PAuEO6Ofi Exhibit A 2) Primary Term of Lease and Option for Extension: 2- a) The Primary term of this Lease shall be for ten ( 10) years, commencing on the 1st day of March, 2002, and terminating on the 28th day of February, The lease may be extended for additional lease periods of ten 10) years at the option of the Tenant by delivery of written notice to the Landlord within 30 days of the termination date of the lease. 3) Lease Payments: 3- a) Tenant shall pay unto Landlord an annual rental of ten dollars 10) on the 10th day of January of each year that this lease is in effect. Payment shall be made to: Manager Strother Field Airport Industrial Park P. O. Box 747 Winfield, Kansas or such other place as Landlord may from time to time designate by written notification unto Tenant. 4) Lease Extension, Rent Adjustment: 3- a) Should the Tenant exercise its option to extend this lease for an additional term as allowed in Section 2 above the Landlord may request an adjustment in the amount of the lease payment subject to the mutual written agreement of the parties. BOOK 0 q : : PAGE 0 6 O

45 BOOK O917 PAGE O6O7 ExhibitA 5) Recording: 5- a) It is understood and agreed that this Lease may not be in recordable form but the parties hereto agree that they may execute a Memorandum of this Lease in recordable form. 6) Rights of Ingress or Egress To and From Premises: 6- a) Landlord hereby grants unto Tenant all rights to traverse existing roadways or roadways developed for access to or around the Premises or necessary to provide ingress and egress ( including motorized vehicles) and entrances for utility services to and from the premises. Otherwise, Landlord shall not be required to furnish any services or facilities or make any repairs or alterations in or to the leased premises or improvements thereon, except as the parties may agree. 7) Ownership of Improvements: 7- a) All buildings, building equipment, or improvements erected upon the property under this lease herein during the primary term of this Lease Agreement shall remain the property of Tenant. Upon termination of this Lease Agreement or any extension or renewal thereof, all buildings, building equipment, or improvements now or hereafter erected thereon, unless removed by Tenant with Landlord' s consent shall become the property of Landlord. Landlord specifically reserves the option to ( 1) accept title to any building or improvements BOOK PAGE 0 6 0

46 BOOK PAGE O60S Exhibit erected under this Lease; or ( 2) require the buildings and all improvements erected upon the property under this Lease to be removed and the property restored to its original condition prior to the entry of this Lease Agreement at the sole expense of the aforenamed cities as tenants. 7- b) The real property upon which all buildings, building equipment, or improvements now or hereafter erected thereon during the primary term or any extension or renewal thereof of this Lease shall remain the property of Landlord. 8) Taxes and Utilities: Tenant shall: During the term of this Lease Agreement or any extension thereof, 8- a) Pay and discharge as the same shall become due and payable all utility service billings or assessments directly attributable to its possession, use and occupancy of the demised premises. 8- b) Pay and discharge such taxes, licenses, general or special assessments and all other charges as may now or hereafter be lawfully levied by appropriate governmental authorities upon the leased premises or the privilege of conducting business thereon or upon the building' s fixtures, improvements, equipment, inventory or other property of Tenant. Tenant reserves the right by appropriate legal proceedings, and at Tenants' sole expense, to review or contest any taxes or assessments levied against it or to make application for separate assessment whenever the same shall be in furtherance of the purposes of this BOOK 091 '/ PAGE OOO8

47 BOOK 9 91! PAGE Exhibit A Lease, or in accordance with the relative rights and liabilities of Landlord and Tenant. 9) Nondiscrimination Assurance: 9- a) The Tenant will not, on the grounds of race, sex, color, religion, age, national origin, veteran status or disability discriminate or permit discrimination against any person or group of persons in any manner. The Landlord reserves the right to take such action as the United States Government may direct to enforce this covenant. 10) Subletting: 10- a) Tenant shall not assign, sublet or otherwise encumber this Lease or its rights hereunder, without the prior, written consent of Landlord, which consent shall not be unreasonably withheld. The Landlord does hereby specifically acknowledge and consent to the Tenant' s subleasing of the premises to the Cowley County Humane Society for purposes of constructing and operating an animal shelter in accordance with the terms and conditions of an interlocal agreement between the Society and the Tenants, a copy of which is attached to this lease agreement. 11) Signs: 11- a) Tenant shall not affix, attach, permit to be attached or affixed upon the premises any flags, placards or signs, without the expressed BOOK 0 C' t r r Ui: i 6 0 0

48 BOOK 0 91 l PAGE 0610 Exhibit A written consent of the Landlord, which consent shall not be unreasonably withheld. 12) Liability and Indemnity: 12- a) Tenant covenants and agrees at all times during the term hereof at Tenant's expense, to maintain and keep in force, general public liability Insurance against claims for personal injury, death, or property damages, occurring in, on, or about the demised premises, to afford protection to the limit of not less than $ 500, , in respect to injury and/ or death of any one person and to the limit of $ 1, 000, in respect to property damage. Tenant agrees to include the Landlord as an additional named insured and to deliver unto Landlord upon request, copies or certificates of Insurance policies and of renewals thereof from time to time during term of this Lease Agreement. 12- b) Tenant further agrees as additional legal consideration afforded herein, to hold harmless, indemnify and defend Landlord from and against any claims, judgments, damages, penalties, fines, costs, liabilities or losses, including Attorney fees, consultant fees and expert fees resulting from contamination by hazardous or toxic substances, waste or pollutants or contaminants which may occur upon the demised premises directly or indirectly resulting from Tenant's activities and its occupancy upon the demised premises. 12- c) Each party shall assume all risk and liability for damage to property or injury to persons occurring on or about the leased premises which is proximately caused or contributed to by negligent acts or omissions of such BOOK n PAGE 0610

49 Exhibit A BOOK d 91 'r PAGE party, its officers, agents, servants, employees and contractors, and shall further protect, defend, indemnify and hold the other harmless from and against any and all losses, damages, claims, liabilities, penalties, costs or expenses arising therefrom. 13) Warranty as to Use of Property: 13- a) Landlord warrants and represents it is lawfully seized of the leased premises and has the right to lease the same subject only to restrictive covenants imposed therein by the United States of America, acting by and through the Administrator of Civil Aeronautics as set forth in its deed of release to the Cities of Winfield, Kansas and Arkansas City, Kansas, as dated March 9, 1956, recorded in Book 235, at Page 422, of the records of the Office of the Registrar of Deeds, Cowley County, Kansas, and regulations of the Federal Aviation Administration as contained in Section 77 of the FCR. 13- b) Landlord hereby warrants and agrees to defend title to the leased premises and covenants that Tenant shall not be disturbed in the quiet enjoyment thereof by claims against Landlord or persons claiming by, through or under Landlord so long as Tenant is not in default. 13- c) Landlord expressly disclaims any representation or warranty, expressed or implied, as to the adequacy or fitness of the leased premises for any particular purpose. 14) Right to Inspect: BOCK PAGE 0 611

50 BOOK PAGE 0612 Exhibit A 14- a) Landlord shall have the right to enter upon the leased premises during Tenant's regular business hours to examine the condition and use thereof, provided such right is exercised so as to not interfere with Tenant and the conduct of Tenant's businesses. 15) Governmental Authority: 15- a) Tenant agrees to observe and comply with all laws, regulations, rules, orders and ordinances pertaining to its possession, use and occupancy of the leased premises as now existing or hereinafter promulgated by Federal, State, County or Governmental authorities asserting requisite jurisdiction and to pay all costs, expenses, fines, penalties, and claims arising out of its non- compliance therewith. 15- b) Should the leased premises or any part thereof be taken, appropriated, confiscated or condemned for any public or quasi- public use under statute or by right of eminent domain, then this Lease shall automatically terminate effective as of the date possession is transferred as to that part of the leased premises so taken, appropriated, confiscated or condemned. In the event of a partial condemnation, rent payable to Landlord hereunder shall be reduced in the proportion the condemned acreage bears to the entire leased premises. The parties shall prorate any award paid for the remaining term of the Lease except that portion of the award applicable and apportioned to Tenant's building and improvements located upon the demised premises shall be awarded unto Tenant. BOOK 091 '? PAGE O612

51 BOOK PAGE O6I3 Exhibit A 16) Conditions of Default: 16- a) In the event either party shall: A. Fail to perform according to the terms, conditions and covenants of this Agreement; then such party shall be in default. B. Falsely warrant or represent a material fact called for herein; C. Become insolvent or bankrupt as evidenced by a Petition filed by or against that party under Federal Bankruptcy Laws, voluntarily or involuntarily, make an assignment for the benefit of its creditors or have all or a substantial part of its assets become the subject of receivership or liquidation; 16- b) If either party shall remain in default for a continuous period of thirty (30) days following written notification from the other or does not proceed with reasonable diligence to cure a default not otherwise capable of redress within said thirty ( 30) day period, the party not in default may terminate this Lease and proceed by appropriate action to invoke any other remedies available at law or in equity. Upon failure of tenant to cure default, Landlord shall be entitled to immediate possession of the leased premises and Tenant shall relinquish the same. The forbearance of or failure to invoke any remedy afforded by either party herein shall not preclude or prejudice the subsequent exercise of such remedy, nor shall such forbearance or failure operate as a defense to any subsequent claim of BOOK 0917 PAGEO6 3

52 Exhibit A BOOK O917 PAGE 0O14 breach or default. 16- c) In the event Landlord or Tenant shall be delayed, hindered in or prevented from the performance of any obligation hereunder due to causes beyond its reasonable control, performance thereof shall be excused for the period of such delay. The provisions of this Lease and all right and obligation hereunder shall be governed by and construed in accordance with he laws of the State of Kansas. Any provision found to be prohibited by law shall be ineffective to the extent of such prohibition without invalidating any other part of this Agreement. All terms, covenants and conditions herein contained or implied by law shall run with the land and shall be binding upon the parties hereto, their successors, agents, representatives and assigns. BOOK '7 PAGE O O 4

53 Exhibit A BOOK 09l7 PAGE O6 1 J IN WITNESS WHEREOF, the parties have set their hands the day and year first above appearing. ATTEST: I THE STROTHER FIELD AIRPORT/ INDUSTRIAL PARK Cowley County, Kansas Allill -. or 1 / By: Chai m.. ecretary 0 AR V SAS CITY MAYOR ATTEST CITY CLEI Reviewed and ap roved for form by I/ 1/tr AN 1 '.' Ar ansas`city Attorney A,,, Ocx,, 4 e. - ATTEST CITY CLERK Reviewed and approved for form by WINFIELDJMAY R Winfield City Attorney BUS PAGE 0615

54 Wee" BOOK PAGE06. t) Exhi t tt ' ' 411 S1\/11TH OAKES ENGINEERS / SURVEYORS, P. A. P. O. Box 696 / 107 North Summit / Ark City. KS ) ( Voico/ Fax) / S- Mali. Infoonmithandoakes_com i li iv 1 CLIENT: City of Arkansas City ADDRESS: P. O. Box 778, Arkansas City, KS TYPE OF SURVEY: Boundary Survey ( Legal Description Only No Corners Set) DESCRIPTION: see Attached Sheet N iii A / A / o Point Found A Section Corner Z'./ ' 80-` / V / / 75,` N89' 35' 55" W io tih w o d tij Q\ / Z O s J. sus s 2 S6,S ' S89' 35' 55" E COWLEY COUNTY # 27 0l0 Point of Beginning o "- N. R/ W Cowley County# 27 ci j _ ' S. Line, SE 1/ 4, Sec " N89' 35' S5W SE Cos-, SE 1/ 4, Sec BOOK U.( 1 7 U V 'L:, 21 AC

55 BOOK UF 1 PAuEO6.. j Exhibit A alok SN11Tf-1 Sc CPikKES ENGINEERS / SURVEYORS, P. A. P. O_ Box 696 / 107 ( North Summit / Arkansas City, KS ) (Voice/ Fax) / E- Mail= infocosmithandoaices_com Al J. Oakes, P.E., L.S. President April 1, 2002 DESCRIPTION: A tract of land situated in the Southeast Quarter of Section 19, Township 33 South, Range 4 East of the 6111 Principal Meridian; being more particularly described as follows: Commencing at the Southeast Corner ofthe Southeast Quarter of Section 19, Township 33 South, Range 4 East of the 6th Principal Meridian; thence North 89 degrees, 35 minutes, 55 seconds West( on an assumed bearing) along the South Line of said Southeast Quarter a distance of feet to a point; thence North 00 degrees, 24 minutes, 05 seconds East a distance of feet to a point on the North Right-of-Way of Cowley County# 27, and the Point of Beginning of the herein described tract of land; thence continuing North 00 degrees, 24 minutes, 05 seconds East a distance of feet to a point; thence North 89 degrees, 35 minutes, 55 seconds West a distance of feet to a point; thence South 25 degrees, 57 minutes, 25 seconds West, being parallel and normally distant to the East U. S. Highway 77 Right-of- Way a distance of feet to a point; thence South 39 degrees, 18 minutes, 15 seconds East a distance of feet to a point on the North Right-of-Way of Cowley County# 27; thence South 89 degrees, 35 minutes, 55 seconds East along said North Right-of-Way a distance of feet to the Point of Beginning; containing acre( s), more or less. Civil/ Structural Engineering Land Surveying Water/ Sewer/ Street Systems Subdivisions BOOK 0 91 PAGE 0 6 2liS4.1egaLda

56 RESOLUTION NO A RESOLUTION AMENDING THE LEASE AGREEMENT DATED FEBRUARY 2, 2002 BETWEEN STROTHER FIELD AIRPORT& INDUSTRIAL PARK, THE CITY OF ARKANSAS CITY, KANSAS, AND THE CITY OF WINFIELD, KANSAS REGARDING THE JOINTLY HELD HUMANE SHELTER. WHEREAS, the Cities of Arkansas City, Kansas and Winfield, Kansas jointly operate a Humane Shelter located on property owned by Strother Field Airport & Industrial Park, and said cities have requested a ten ( 10) year extension of the mutual lease agreement, and with said extension there is allowed a rental adjustment if requested by the landlord. WHEREAS, Strother Field Airport & Industrial Park has requested a modification to said Humane Shelter lease increasing the yearly lease amount from $ per year to $ per year based on a per acre per year total. NOW, THEREFORE, IN CONSIDERATION OF THE AFORESTATED PREMISES, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF ARKANSAS CITY, KANSAS: SECTION ONE: The Lease Agreement dated February 2, 2002 between Strother Field Airport & Industrial Park, the City of Arkansas City, Kansas, and the City of Winfield, Kansas for the Humane Shelter located in the Southeast Quarter of Section 19, Township 33 South, Range 4 East of the 6th P. M., and containing five ( 5) acres, more or less, shall be extended for ten ( 10) years pursuant to the Option for Extension, in the original lease, to February 28, SECTION TWO: The lease payment shall be changed to two hundred dollars ($ ) per year based on a rate of forty dollars ($ 40.00) per acre and payable on the 10th of January of each year, beginning in January of SECTION THREE: The Mayor, City Clerk, and/ or City Administration are hereby authorized and directed to execute any and all documents necessary to consummate the purposes and intents as expressed in this Resolution and if executed by the Mayor( or other person authorized by law to act in the event of the absence or inability of the Mayor to act) and the City Clerk is directed to attest to and affix the official seal of the City thereon. SECTION FOUR: This Resolution will be in full force and effect from its date of passage by the City Commission of the City of Arkansas City. PAVBBIORATR RESOLVED by the Governing Body of the City of Arkansas City, Kansas, on June 18, s da _ a SEAL J y a e, Mayor SAtiIS y 4, A e,i 911d3 or Clerk PROVE 0 FO' Mr N- Tamara Nile, - ttorney

57 COWLEY COUNTY ANIMAL SHELTER SERVICE AGREEMENT THIS AGREEMENT, entered into this day of, 2017, by and between the CITY OF ARKANSAS CITY, KANSAS, a municipal corporation of the State of Kansas with principal offices at 118 E. Central, Arkansas City, KS, and hereinafter referred to as City, and the COWLEY COUNTY HUMANE SOCIETY, a non-profit Kansas corporation with principal offices at nd Road, Arkansas City, Kansas, and hereinafter referred to as CCHS as follows: WHEREAS, the City presently provides certain animal control services on behalf of its citizens, and including the taking into custody of domesticated strays and other abandoned, abused, dangerous and injured animals; and WHEREAS, the City has entered into an Interlocal Agreement with the City of Arkansas City and CCHS to construct and operate a humane shelter for use by it and the City of Winfield; and WHEREAS, the City and CCHS desire to enter into a contractual commitment by which such animal shelter services will be provided to the City by CCHS under terms which have been revised through current discussions and negotiations of the parties. NOW, THEREFORE, IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS: 1. Operation of Shelter, Maintenance of Records. CCHS shall operate an animal shelter facility adjacent to and east of US77 on property leased from Strother Field, in Cowley County, Kansas, which shall be suitable for the humane housing, boarding, and care of animals, and which shall be approved for such use by the City. The animal shelter shall be licensed by the State of Kansas and operated in accordance with applicable regulations established by the State. The facility shall be maintained in a clean and sanitary manner at all times. The State of Kansas will regularly inspect the shelter. CCHS shall make copies of such State inspection reports available to the City upon request. CCHS shall maintain a record on each animal brought to the shelter and shall provide a report to the City on the disposition of any animal brought to the shelter by the City upon request. CCHS shall also provide a report to the City on the operation of its services to the City upon request in a form deemed appropriate by the City provided that such report shall not be unduly burdensome to CCHS. The facility and its records shall be open for inspection by the City officials and State inspectors at reasonable times and upon reasonable notice. 2. Staffing, Hours of Operation, Veterinary Services. CCHS shall staff the animal shelter facility with paid staff and volunteers during appropriate business hours defined herein as 12 Noon to 5:00 p.m., Tuesday through Friday, and 10:00 a.m. to 2:00 p.m. on Mondays and Saturdays, except for holidays and closures for normal business reasons. During such times, the facility shall be accessible to the general public for the purposes of this Agreement. Should CCHS deem it appropriate to close the facility for general access one day a week in order to clean the facility, it may do so, but must permit animal redemptions by appointment. CCHS

58 shall be responsible for providing adequate veterinary care as defined by the Kansas Pet Animal Act for the animals in its possession, if such animals have been relinquished to the shelter as a gift by the owner or if ownership of such animals has been acquired by the shelter after the expiration of the holding period established by the City. CCHS shall not be responsible for the direct provision of veterinary services for animals housed at the shelter during the City s established holding period..should such animals require veterinary care, it is the responsibility of the City to provide for them. 3. Delivery of Animals to the Shelter. Throughout the term of this Agreement, the City may deliver to the CCHS shelter facility, uninjured and moderately healthy dogs and cats defined in the attachment taken into custody by the City. The City may deliver critically injured or diseased dogs and cats to CCHS only when CCHS has a veterinarian on duty and the veterinarian, after consultation, approves the delivery of that animal.cchs shall receive and board such animals. CCHS shall provide the City with access to the facility for purposes of delivering animals and carrying out its duties and responsibilities at times when such activities need to occur. CCHS shall also make their facilities and services available for the acceptance of unwanted or stray dogs and cats brought to CCHS, pursuant to its policies. 4. Recovery or Adoption of Animals in the Shelter. CCHS shall deliver all such animals to their owners when due and upon presentation of proper claim documentation, unless the animals cannot be redeemed due to a safety hold placed by the City (such as for a pending cruelty to animals or vicious animal prosecution). CCHS may charge the animal s owner a per diem fee for housing the animal in the shelter, and pursuant to CCHS policies, may require the owner to pay CCHS the costs of care, feeding and housing the animal prior to releasing the animal to the owner s custody. CCHS shall establish and maintain an animal adoption program for unclaimed dogs and cats, which may include the requirement that each animal adopted shall be vaccinated for rabies, be spayed or neutered, and licensed if licensing is required under the laws and ordinances of the City. CCHS shall maintain reasonable procedures necessary to monitor compliance with such requirements. 5. Euthanasia of Animals. CCHS shall provide for the euthanizing of all animals delivered to it by the City or its citizens which are not claimed within the time provided by the City ordinance or adopted within the time established by policy of the CCHS, or as for which euthanasia has been directed by the officers or officials of the City to whom such authority has been granted by law of the State of Kansas. 6. Sheltering of Animals Beyond the Required Time for Recovery. CCHS may, in its discretion and at its own expense, keep or maintain any animal or animals delivered to it by the City beyond the time provided for it to be reclaimed for purposes of adoption unless specifically directed to euthanize the animal by City officers or officials. CCHS will keep an account of the disposition of all such animals and provide a report to the City upon request. 7. Authority for Housing of Animals. All provisions of this Agreement conferring discretion on CCHS in reference to the disposition of animals brought to it by the City or its citizens shall nevertheless be subject to

59 the authority conferred upon City officials by City ordinances to direct certain dispositions under certain prescribed circumstances, and CCHS shall comply with all such directions. Further, animals which have been brought to CCHS by authorized City personnel for bite holds, shall be handled consistently with applicable State law, compliance with such requirements being the principle responsibility of the City. The responsibility of CCHS as to animals brought to CCHS by authorized City officials for bite holds, and in abuse cases and investigations, shall be that as a custodial agent of the City, with decisions regarding the length of the custody and regarding the disposition of such animals being the responsibility of the City until the City has formally released such animal from such custody. If the animal is released to the custody of its owner, CCHS may require the owner to pay CCHS the costs of care, feeding and housing the animal prior to releasing the animal to the owner s custody. 8. Indemnification. The City shall be responsible for all animals while in the custody of the City and prior to delivery to CCHS, and shall indemnify and hold CCHS harmless as to any claims of damage or injury of any kind or nature whatsoever while the animals are within its control. CCHS shall be responsible for all animals while in the custody of CCHS and after delivery to CCHS by the City, and shall indemnify and hold the City harmless as to any claims of damage or injury of any kind or nature whatsoever while the animals are within its control, provided that the City shall be responsible for any claim that results from an action which the City directs CCHS to take. 9. Compensation, Fees. For the services provided under this agreement, the City shall compensate CCHS according to the terms of the Interlocal Agreement, a copy of the applicable section of which is attached as Exhibit A. CCHS may charge additional fees to citizens and patrons of the shelter for services rendered such as boarding, grooming, adoption, veterinary services, training, etc. CCHS shall post a register of standard charges and provide a current copy to the City upon request. Such charges shall be appropriate and reasonable and conform to the intent of this agreement and the Interlocal Agreement. 10. Amendments to Agreements. This Agreement may be amended from time to time by mutual written agreement of the parties. The agreement may only be terminated by written mutual agreement of the parties and upon termination of the Interlocal Agreement. 11. Term and Effect of Agreement, City Ordinances. This Agreement shall take effect upon its full execution by both parties. The term of the agreement shall be for one (1) year from and after the date first written above. The agreement shall automatically renew for a similar term of one (1) year unless either party: (1) Gives the other party written notice of non-renewal no less than thirty (3) days prior to the expiration date of the current term; or, (2) Insufficient funds are appropriated and budgeted otherwise are not available in any fiscal period in which payments are required under this Service Agreement; then, without penalty, liability or further expense unto the City, this Agreement shall terminate and be rendered null and void on the last day of the fiscal period for which appropriations are made. No such non-renewal shall relieve either party from its obligation under the Interlocal Cooperation Agreement. In the event of a non-renewal notice, the parties shall operate under the terms of the old agreement until a new agreement is negotiated and placed into effect. It is expressly agreed that all references herein to the laws and ordinances of the City shall and do include all future

60 amendments and additions to said laws and ordinances; provided, however, that if any such amendments or additions serve to materially alter the responsibilities of CCHS hereunder, or serve to materially increase their liability exposure, then the parties shall consider the matter for negotiation of appropriate amendments to this agreement. written. ATTEST IN WITNESS WHEREOF, the parties have signed and executed this Agreement on the date first above CITY OF ARKANSAS CITY, KANSAS Dan Jurkovich, Mayor Lesley Shook, City Clerk COWLEY COUNTY HUMANE SOCIETY ATTEST President Secretary

61 Cowley County Humane Society employs a veterinarian only part time. While we always try to address medical needs of shelter dogs as well as animals without an identified owner or responsible party, we will not always be able to make accomodations or provide care for critically ill or injured animals on short notice. Therefore, provided is a list of conditions that has been generated with the intent to help identify suffering animals that need to see a veterinarian right away. Not acceptable for intake unless the shelter veterinarian is on premise for approval-- Unable to stand and walk without support (This may be due to extreme injury or weakness due to illness or blood loss) Active bleeding (This may be a wound that continues to hemorrhage, blood from the nose or mouth, rectal bleeding, etc) Respiratory distress (This does not apply to mild coughing or upper respiratory infections unless severe enough to cause significantly labored breathing or obvious distress) Hit by car animals (Broken bones are usually immediately apparent but bleeding in the chest or abdomen is very often not obvious and may become life threatening very quickly. Animals who have been witnessed getting hit by a vehicle should always be evaluated right away by a veterinarian) If an animal that we refuse is evaluated by a veterinarian and deemed not in need of immediate care, we will then consider accepting those animals on a case by case basis. Again, the entire goal is to prevent suffering animals to linger without medical care when our contract veterinarian is not on site.

62 Item for City Commission Action Section VII Item 3 Meeting Date 12/19/2017 Department/Division Public Works Staff Contact Eric Broce Title: A Resolution authorizing the City of Arkansas City to enter into a Wholesale Water Sales Agreement with Rural Water District No. 4 of Sumner County, Kansas. (Voice Vote) Description: Sumner County Rural Water District No. 4 currently is connected to and receives water from the City of Arkansas City. The purpose of this agreement is to secure a long term relationship between the City and Sumner County Rural Water District No. 4, with the City providing a supply of potable water in sufficient quality and quantity to the District to meet the needs of the District s current and future customers. Commission Options: 1. Approve the Resolution 2. Disapprove the Resolution 3. Table for further consideration Fiscal Impact: Fund: N/A Department: Expense Code: Included in budget Grant Bonds Other (explain) Approved for Agenda by: City Manager

63 RESOLUTION NO A RESOLUTION AUTHORIZING THE CITY OF ARKANSAS CITY TO ENTER INTO A WHOLESALE WATER SALES AGREEMENT WITH RURAL WATER DISTRICT NO. 4 OF SUMNER COUNTY, KANSAS. NOW, THEREFORE, IN CONSIDERATION OF THE AFORESTATED PREMISES, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF ARKANSAS CITY, KANSAS: SECTION ONE: That the Governing Body of the City of Arkansas City, Kansas hereby authorizes the City of Arkansas City to enter into a Wholesale Water Sales Agreement with Rural Water District No. 4 of Sumner County, Kansas. Such Agreement is attached hereto and incorporated by reference as if fully set forth herein. SECTION TWO: That the Governing Body of the City of Arkansas City hereby authorizes the Mayor and/or City Manager of the City of Arkansas City to take such further and other necessary actions that are required to effectuate the intent and purposes of this Legislative Enactment. SECTION THREE: This Resolution will be in full force and effect from its date of passage by the Governing Body of the City of Arkansas City. PASSED AND RESOLVED by the Governing Body of the City of Arkansas City, Kansas, on December 19, ATTEST: Dan Jurkovich, Mayor Lesley Shook, City Clerk APPROVED AS TO FORM: Tamara Niles, City Attorney CERTIFICATE I, hereby certify that the above and foregoing is a true and correct copy of the Resolution No of the City of Arkansas City, Kansas adopted by the governing body on December 19, 2017 as the same appears of record in my office. DATED:. Lesley Shook, City Clerk

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76 Item for City Commission Action Section VII Item 4 Meeting Date 12/19/17 Department/Division Public Works Staff Contact Eric Broce Title: A Resolution authorizing the City of Arkansas City to authorize Layne Christensen Company to repair and reinstall the pump at Well 6, for an amount not to exceed $13, (Voice Vote) Description: The impellers and bowls on the existing pump are damaged and will not pump water to the Water Treatment Plant. The proposal from Layne Christensen includes pulling the existing pump, rebuild and reinstall the pump once completed. Commission Options: 1. Approve the Resolution 2. Disapprove the Resolution 3. Table for further consideration Fiscal Impact: Amount: $13, Fund: 16-Water Department: 651-Treatment Expense Code: 7201-Equipment Repair Included in budget Grant Bonds Other (explain) Approved for Agenda by: City Manager

77 RESOLUTION NO A RESOLUTION AUTHORIZING THE CITY OF ARKANSAS CITY TO AUTHORIZE LAYNE CHRISTENSEN COMPANY TO REPAIR AND REINSTALL THE PUMP AT WELL 6, FOR AN AMOUNT NOT TO EXCEED $13, (VOICE VOTE) NOW, THEREFORE, IN CONSIDERATION OF THE AFORESTATED PREMISES, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF ARKANSAS CITY, KANSAS: SECTION ONE: That the Governing Body of the City of Arkansas City, Kansas hereby authorizes the City of Arkansas City to authorize Layne Christensen Company to repair and reinstall the pump at Well 6, for an amount not to exceed $13, SECTION TWO: That the Governing Body of the City of Arkansas City hereby authorizes the Mayor and/or City Manager of the City of Arkansas City to take such further and other necessary actions that are required to effectuate the intent and purposes of this Legislative Enactment. SECTION THREE: This Resolution will be in full force and effect from its date of passage by the Governing Body of the City of Arkansas City. PASSED AND RESOLVED by the Governing Body of the City of Arkansas City, Kansas, on December 19, ATTEST: Dan Jurkovich, Mayor Lesley Shook, City Clerk APPROVED AS TO FORM: Tamara Niles, City Attorney CERTIFICATE I, hereby certify that the above and foregoing is a true and correct copy of the Resolution No of the City of Arkansas City, Kansas adopted by the governing body on December 19, 2017 as the same appears of record in my office. DATED:. Lesley Shook, City Clerk

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81 Item for City Commission Action Section VII Item 5 Meeting Date 12/19/2017 Department/Division City Manager Staff Contacts Nick Hernandez / Andrew Lawson Title: A Resolution rescheduling a public meeting of the Governing Body from 5:30 p.m. Tuesday, January 2, 2018, to 5:30 p.m. Monday, January 8, 2018, in accordance with K.S.A a01(b) and Charter Ordinance No. 29. (Voice Vote) Description: In 2015, the Kansas Legislature adopted Sub for SB 171, which amended multiple statutes regarding the governance and elections in Kansas cities. In so doing, however, the Legislature also invalidated many aspects of the City Manager Plan that was adopted by Arkansas City voters in In response, the League of Kansas Municipalities recommended to all of its members that they adopt new Charter Ordinances to reaffirm their City Manager Plans. The League also recommended reaffirming that the elections are nonpartisan, if the City does not desire partisan elections. These statutory changes required the City of Arkansas City to adopt a Charter Ordinance to reaffirm the city manager form of government, establish state-mandated autumn elections and address other issues. Charter Ordinance No. 29 was approved unanimously by the City Commission on June 21, 2016, and took effect the next month. The November 7, 2017, election was conducted in accordance with this law. This Charter Ordinance also extended the terms of sitting City Commissioners by nine months, until the second Monday in January 2018, in order to complete the transition to a November election cycle. This also is in accordance with Kansas Statutes Annotated 25-21a01(b), which set term of office adjustments. This means the terms of Commissioners Charles Tweedy III (completing the unexpired term of Brandon Every), Jay Warren and Karen Welch (completing the unexpired term of Chad Giles) will expire January 8, Commissioners Warren and Welch then will be sworn in to new four-year terms, respectively. The next reorganization meeting will be held at 5:30 p.m. Monday, January 8, New commissioners will be sworn in and new commission representatives to other boards will be selected. A new Vice Mayor also may be selected at this time preferably the highest vote-getter in November s election, as directed previously but Mayor Dan Jurkovich will remain the mayor until the first meeting in January Commission Options: 1. Approve the Resolution. 2. Table the Resolution for further discussion. 3. Disapprove the Resolution. Fiscal Impact: Amount: None

82 Fund: Department: Expense Code: Included in budget Grant Bonds Other (explain) Approved for Agenda by: City Manager

83 RESOLUTION NO A RESOLUTION AUTHORIZING RESCHEDULING OF A PUBLIC MEETING OF THE GOVERNING BODY FROM 5:30 P.M. ON TUESDAY, JANUARY 2, 2018 TO 5:30 P.M. ON MONDAY, JANUARY 8, NOW, THEREFORE, IN CONSIDERATION OF THE AFORESTATED PREMISES, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF ARKANSAS CITY, KANSAS: SECTION ONE: In lieu of its regularly-scheduled Tuesday, January 2, 2018 City Commission meeting, the Governing Body hereby establishes that it shall hold a public meeting at 5: 30 p.m. on Monday, January 8, 2018, at City Hall Commission chambers, 118 W. Central, Arkansas City, Kansas. SECTION TWO: That the Governing Body of the City of Arkansas City hereby authorizes the Mayor and/or City Manager of the City of Arkansas City to take such further and other necessary actions that are required to effectuate the intent and purposes of this Legislative Enactment. SECTION THREE: This Resolution will be in full force and effect from its date of passage by the Governing Body of the City of Arkansas City. PASSED AND RESOLVED by the Governing Body of the City of Arkansas City, Kansas, on December 19, ATTEST: Dan Jurkovich, Mayor Lesley Shook, City Clerk APPROVED AS TO FORM: Tamara Niles, City Attorney CERTIFICATE I, hereby certify that the above and foregoing is a true and correct copy of the Resolution No of the City of Arkansas City, Kansas adopted by the governing body on December 19, 2017 as the same appears of record in my office. DATED:. Lesley Shook, City Clerk

84 Item for City Commission Action Section VII Item 6 Meeting Date December 19, 2017 Department/Division City Manager Staff Contact Nick Hernandez Title: A Resolution amending the Comprehensive Fee Schedule. (Voice Vote) Description: This resolution amends the City's Comprehensive Fee Schedule. The Comprehensive Fee Schedule is in place to set fees the city will charge for services provided to citizens. This is a housekeeping issue that staff brings before the City Commission on an annual basis. Please see attached spreadsheet for fee additions, removals and changes. Commission Options: 1. Approve the Resolution. 2. Table the Resolution for further consideration. 3. Disapprove the Resolution. Fiscal Impact: Amount: Fund: Department: Expense Code: Included in budget Grant Bonds Other (explain) Approved for Agenda by: City Manager

85 RESOLUTION NO A RESOLUTION AMENDING THE COMPREHENSIVE FEE SCHEDULE. WHEREAS, the City of Arkansas City provides many specific services for the Citizens of Arkansas City; and WHEREAS, it is appropriate public policy to require specific individuals benefiting from specific services to pay all or a portion of the cost of such services. NOW, THEREFORE, IN CONSIDERATION OF THE AFORESTATED PREMISES, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF ARKANSAS CITY, KANSAS: SECTION ONE: Pursuant to Resolution No , the Governing Body hereby amends that Resolution as follows: 2017 FEE SCHEDULE PROPOSED CHANGES ITEM NEW OLD General Government/Police Department City Attorney Review Actual Cost not listed in fee schedule Section S. Animal Fees Fees removed a. Boarding (Animal Redemption $8.00/day b. Redemption Fees $5.00 c. Spay/Neuter Fee $15.00 Neighborhood Services Subdivision Fees: Plat (Additional Pages) $29.00 $20.00 Municipal Court Proposed Changes Battery/Domestic Arrest/Bond (Impose special bond conditions) Arrest/Bond Interference with police dog Arrest/Bond Sum/Must Appear Taking Game from Posted Land Sum/Must Appear Sum/No Appear Possession of Marijuana Sum/Must Appear Arrest/Bond SECTION TWO: The fees charged by the City of Arkansas City, are hereby amended and shall be incorporated in the City s Comprehensive Fee schedule. SECTION THREE: This Resolution will be in full force and effect from its date of passage by the Governing Body of the City of Arkansas City. PASSED AND RESOLVED by the Governing Body of the City of Arkansas City, Kansas, on December 19, ATTEST: Dan Jurkovich, Mayor Lesley Shook, City Clerk

86 APPROVED AS TO FORM: Tamara Niles, City Attorney CERTIFICATE I, hereby certify that the above and foregoing is a true and correct copy of the Resolution No of the City of Arkansas City, Kansas adopted by the governing body on December 19, 2017 as the same appears of record in my office. DATED:. Lesley Shook, City Clerk

87 City of Arkansas City Comprehensive Fee Schedule The City of Arkansas City strives to provide a high quality of life for its citizens by furnishing a variety of efficient services in a professional, courteous manner. Updated December P a g e

88 Table of Contents Title Page Fire EMS 3 General Government 4 Municipal Court 7 Parks & Facilities 17 Police Department 19 Neighborhood Services 20 Public Works 22 Updated December P a g e

89 Fire EMS Ambulance A. General a. Advanced Life Support, Category 1 (ALS-1)...$ b. Advanced Life Support, Category 2 (ALS-2)...$ c. Convalescent Transfer, Basic Life Support (Non-Life Threatening Circumstances)...$ d. Loaded Mileage Per Mile...$16.00 e. Waiting Time Per Hour...$50.00 f. Fall Recovery/Medical Assist...$ g. Treat No Transport...$ B. Other Charges a. CPR Class Session...$60.00 b. Heart Saver Class...$80.00 c. Consumer Fireworks Temporary Use Permit Base Fee (500 sq. ft. or less)...$2, i. Per Square Foot Over 500 Square Feet...$2.00 up to $5, Updated December P a g e

90 General Government Alcoholic Liquor A. General a. Consumption Permit Fee (Per Day-Per Event)...$25.00 i. Second Premises License Fee...½ of Original Fee B. Cereal Malt Beverage a. Consumption on Premises...$ b. Inspection Fee...$25.00 c. Consumption off Premises...$50.00 d. Department of Revenue Stamp...$25.00 e. Temporary License...$50.00 C. Alcoholic Liquor Biennial License a. Consumption on Premises...$ b. Consumption off Premises...$ c. Temporary License...$50.00 D. Caterers a. Biennial License...$ Updated December P a g e

91 General Government Miscellaneous Fees A. Private Security Officer Application for Permit...$25.00 B. Private Security Officer Permit...$15.00 C. Private Security Officer Replacement Fee for Lost /Stolen Certificate or ID Card...$10.00 D. Private Security Firm License...$ E. Private Security Firm License Renewal (Annual)...$50.00 F. Carnival or Circus Operation within City Limit License...$25.00/Day G. Clairvoyants License: a. Daily...$10.00 b. Yearly...$ H. Junk Dealers License...$ I. Pawn Brokers License...$25.00/Year J. Transient Vendor & Merchants a. Daily...$30.00 b. Monthly...$50.00 c. Bi-Annual...$ d. Annual...$ K. License for Going Out of Business Sale...$25.00 L. Scrap Metal Dealers License a. Application...$ b. Renewal Application...$50.00 M. Taxicab License Fee...$40.00/Year N. Bus License Fee...$10.00/Year O. Special Use of City Personnel a. Two Hour Minimum Per Hour Per Employee...$40.00 b. And after two hour minimum is met, the employee s time shall be charged at 1/100 per hour P. Impounded Sign Recovery (within 30 days)...$25.00/sign Q. Property Abatement...$100.00/Hour R. Peddler License (Door to Door) a. One Day License...$40.00 b. License Valid for 2-30 Days...$85.00 c. License Valid for Days...$ d. License Valid for Days...$ e. Additional Badge Fee for Licensee...$10.00 S. Open Records Request Fees (Search Cost/Hourly Rates (Minimum 15 Minutes): a. Staff (Each 15 Minute Increment)...$4.00 b. Administrative (Each 15 Minute Increment)...$6.00 c. Computer Staff (Each 15 Minute Increment)...$6.00 Updated December P a g e

92 d. Photocopies Black & White (per page)...$.25 e. Photocopies Color (per page)...$.50 f. City Attorney Review...Actual Cost T. Records not Specific to Individual Department a. DVD City Commission and other Recorded City Meetings...$5.00 b. Postage and Handling i. Actual Cost of Time, Materials and Postage c. Facsimile Transmission i. $0.50/Page + Actual Hourly Rate Charged (15 Minute Increment) d. Photograph Digital Prints (Not run on Copy Paper) i. $1.00/Photo + Actual Hourly Rate Charged (15 Minute Increment) e. Research, Compilation and Transfer of Data i. Actual Hourly Rate Charged (15 Minute Minimum Increment) f. Records not Identified i. Actual Cost to Reproduce Updated December P a g e

93 Municipal Court Fines Uniform Public Offense Code Description Booking Procedure 1 st Offense 2 nd Offense 3 rd Offense Abusing toxic vapors Sum/Must Appear $ $ $ Administration of an unlawful substance Arrest/Bond $ $ $ Aiding, abetting discharge of firearm Sum/Must Appear $ $ $ N/A Air gun, rifle, bow, bb gun, paint ball Sum/ No Appear $50.00 $75.00 $ N/A Alcohol without liquid machine Sum/Must Appear $ $ $ Animals; cruelty Sum/Must Appear $ DISTRICT DISTRICT Assault Sum/Must Appear $50.00 $75.00 $ Assault on LEO Arrest/Bond $ $ $ Assembly, Unlawful Sum/Must Appear $ $ $ Attempt Sum/Must Appear ½ fine if offense ½ fine if offense ½ fine if offense completed completed completed Barbed wire Sum/No Appear $50.00 $ $ N/A Battery Arrest/Bond $ $ $ Battery, Domestic Arrest/Bond (Impose special $ DISTRICT DISTRICT bond conditions) Battery, LEO Arrest/Bond $ $ $ Carrying concealed explosives Sum/Must Appear $ $ $ Cockfighting Sum/Must Appear $ $ $ Commercialization of wildlife Sum/Must Appear $ $ $ Conspiracy Sum/Must Appear $ $ $ Contributing to child s misconduct Sum/Must Appear $ $ $ Counterfeit drugs, trafficking Sum/Must Appear $ $ $ Creating a hazard Sum/Must Appear $ $ $ Criminal Carrying of Weapon Sum/Must Appear $ $ $ Criminal Damage to Property Sum/Must Appear $ $ $ Criminal Hunting Sum/Must Appear $75.00 $ $ Criminal Trespass Sum/Must Appear $ $ $ Criminal Use of a Financial Card Sum/Must Appear $ $ $ Damaging Sewers Sum/Must Appear $ $ $ N/A Defamation Sum/No Appear $ $ $ Updated December 2017 STO KSA 7 P a g e

94 Denial of civil rights Sum/Must Appear $ $ $ Deposits in sewers Sum/No Appear $75.00 $ $ N/A Deprivation of property Sum/Must Appear $ $ $ Desecration Sum/Must Appear $ $ $ Discharge of Firearms Sum/Must Appear $ $ $ Disorderly Conduct Sum/Must Appear $75.00 $ $ Disorderly Conduct Domestic Violence Arrest/Bond (Impose special $ $ $ bond conditions) Distribute Firearm to Felon Sum/Must Appear $ $ $ Drawing a weapon on another Sum/Must Appear $ $ $ Electioneering Sum/No Appear $50.00 $75.00 $ Endangering a child Sum/Must Appear $ $ $ Equity Skimming Sum/Must Appear $ $ $ Escape from Custody Arrest/Bond $ $ $ Failure to Report a Wound Sum/Must Appear $75.00 $ $ False Impersonation Sum/Must Appear $ $ $ False Signing of Petition Sum/Must Appear $50.00 $75.00 $ Furnishing to a Minor Arrest/Bond $ $ $ Gambling Sum/No Appear $ $ $ Giving a False Alarm Sum/Must Appear $ $ $ Harassment by telephone Sum/Must Appear $50.00 $75.00 $ Hosting Arrest/Bond $1, $1, $1, Intent to Permanently Deprive Sum/Must Appear $ $ $ Interference with firefighter Sum/Must Appear $ $ $ Interference with Judicial Process Sum/Must Appear $ $ $ Interference with Law Enforcement Officer Arrest/Bond $ $ $1, Interference with police dog Arrest/Bond $ $ $ N/A Interference with public business Sum/Must Appear $ $ $ Lewd, Lascivious behavior Arrest/Bond $ $ $ Manufacture/disposal false tokens Sum/Must Appear $50.00 $75.00 $ Material harmful to minors Sum/Must Appear $ $ $ Mistreatment of confined person Sum/Must Appear $ $ $ Motor vehicles, selling without license Sum/Must Appear $ $1, $2, Aug-34 Nuisance, maintaining public Sum/No Appear $ $ $ Operating motorboat, sailboat Sum/No Appear $50.00 $ $ Operating vessel under the influence Arrest/Bond $ $ $ Patronizing prostitute Sum/Must appear $ $ $ Performing unauthorized official act Sum/Must Appear $ $ $ Permitting premises for gambling Sum/Must Appear $ $ $ Possession of gambling device Sum/No Appear $50.00 $ $ Posting Political Ads Sum/No Appear $40.00 $60.00 $ Privacy, breach of Sum/No Appear $ $ $ Updated December P a g e

95 Promoting obscenity Sum/Must Appear $ DISTRICT DISTRICT Promoting obscenity to minors Sum/Must Appear $ DISTRICT DISTRICT Prostitution Sum/Must appear $ $ $ Protective order, viol. Of Arrest/Bond $ $ $ Purchase, consume intoxicant by minor Sum/Must Appear $ $ $ Purchase, possess tobacco by minor Sum/No Appear $25.00 $25.00 $ Recording device, unlawful use Sum/ Must Appear $ DISTRICT DISTRICT Restraint, unlawful Sum/Must Appear $ $ $ Riot Sum/Must Appear $ $ $ Sale of medicine through vending mach. Sum/No Appear $50.00 $ $ Scrap metal, buying Sum/No Appear $50.00 $ $ Scrap metal, selling Sum/No Appear $50.00 $ $ Selling, furnishing tobacco to minor Sum/ Must Appear $ $ $ Serial numbers Sum/No Appear $ $ $ N/A Sexual battery Arrest/bond $ $ $ Simulating legal process Sum/Must Appear $ $ $ Smoke detector, failure to maintain Sum/No Appear $25.00 $25.00 $ Smoking Prohibited Sum/No Appear $50.00 $ $ Stalking Sum/Must Appear $ DISTRICT DISTRICT Taking Game from Posted Land Sum/Must Appear $75.00 $ $ Tampering with landmark Sum/Must Appear $ $ $ Tampering with public notice Sum/Must Appear $ $ $ Tampering with public record Sum/Must Appear $ $ $ Tampering with traffic signal Sum/Must Appear $ $ $ Tattooing, body piercing under age 18 Sum/Must Appear $ $ $ $ $ Theft See Special Sum/Must DISTRICT Arrest/Bond Appear Theft, lost/mislaid property Sum/Must Appear $ $ $ Throwing objects Sum/Must Appear $ $ $ Trespass on railroad property Sum/Must Appear $ $ $ Unlawfully Obtain Prescription Only Drug Arrest/Bond $ DISTRICT DISTRICT Watercraft, lifesaving devices Sum/No Appear $50.00 $ $ Weapons, criminal use Sum/Must Appear $ $ $ Withholding possession public property Sum/Must Appear $ $ $ N/A Worthless check Arrest/Bond $ $ DISTRICT For any offense not specifically listed herein, the minimum fine shall be Sum/Must Appear $ $ $ Standard Traffic Ordinance Description Booking Procedure 1 st Offense 2 nd Offense 3 rd Offense Barricades; driving around barriers Sum/No Appear $40.00 $60.00 $ N/A Updated December 2017 STO KSA 9 P a g e

96 Blocking Traffic leaving <10 roadway Sum/No Appear $40.00 $60.00 $ N/A Child Safety Restraints Sum/No Appear $60.00 $60.00 $ Commercial D.U.I. Arrest/Bond $ $1, DISTRICT D.U.I. Arrest/Bond $ $1, DISTRICT Disobey Traffic Control Officer Sum/No Appear $50.00 $ $ Driving in violation of restrictions Sum/Must Appear Eye Wear/No $ $ $ Appear Driving thru Funeral Procession Sum/No Appear $40.00 $60.00 $ N/A Driving thru Private Prop to avoid TCD Sum/No Appear $40.00 $60.00 $ N/A Driving thru yards w/intent to damage Sum/No Appear $40.00 $60.00 $ $ $ Driving while Suspended or Revoked see special Sum/Must DISTRICT Arrest/Bond Appear Duty to Report/Give Aid Sum/Must Appear $ $ $ Duty upon striking unattended Vehicle Sum/No Appear $75.00 $ $ Eluding a police officer in vehicle Arrest/Bond $ $ $ False Accident Report Sum/Must Appear $ $ $ Habitual Violator Sum/Must Appear $ $ $ Handicapped Parking Sum/No Appear $50.00 $75.00 $ ,130a Ignition Interlock Devices: Tampering Sum/No Appear $ $ $ Illegal Parking Sum/No Court Cost $10.00 $20.00 $ Improper parking in stall markings Sum/No Appear $40.00 $60.00 $ N/A Inattentive Driving Sum/No Appear $40.00 $60.00 $ N/A Leaving the Scene of IA Arrest/Bond $ $ $ Licensing Sum/Must Appear $ $ $ Limited Time Parking Violation Sum/No Appear $40.00 $60.00 $ N/A Loading, unloading, or special zones Sum/No Appear $40.00 $60.00 $ N/A No Driver s License & Expired DL Sum/Must Appear $ $ $ No Driver s License In Possession Sum/No Appear $50.00 $75.00 $ No Proof of Insurance Sum/Must Appear $ $ $ No Seat Belt (No Court Costs) Sum/No Appear $60.00 $60.00 $ a a No Seat Belt 18+ (No Court Costs) Sum/No Appear $10.00 $10.00 $ a a No Valid License Plate Sum/No Appear $40.00 $60.00 $ Obstructing License Plates Sum/No Appear $40.00 $60.00 $ N/A Parking Disabled and Other Vehicles Sum/No Appear $40.00 $60.00 $ (a)(b) Pedestrian under influence on roadway Sum/Must Appear $50.00 $75.00 $ Permit unauthorized minor to drive Sum/No Appear $50.00 $75.00 $ Permit unauthorized operator to drive Sum/No Appear $50.00 $75.00 $ Private Property Sales Sum/Must Appear $ $ $ N/A Public Property Sales Sum/Must Appear $ $ $ N/A Racing on Highways Sum/Must Appear $75.00 $ $ Reckless Driving Arrest/Bond $ $ $ Remove/deface traffic control device Sum/ Must Appear $ $ $ Updated December P a g e

97 Reporting Certain 2nd Hand Goods Sum/No Appear $ $ $ N/A Skates, skateboards etc. on roadway Sum/No Appear $40.00 $60.00 $ N/A Spilling Loads on Roadways Sum/Must Appear $ $ $ N/A Trailers & Towed vehicles, safety hitches Sum/No Appear $40.00 $60.00 $ N/A Transport Alcoholic Beverage Driver Sum/No Appear $ $ $ Transport Alcoholic Beverage Passenger Sum/No Appear $ $ $ Unlawful Riding on Vehicles 14 & older Sum/No Appear $40.00 $60.00 $ Unlawful Riding on Vehicles under 14 Sum/No Appear $40.00 $60.00 $ a Unlawful use of Driver s License Sum/Must Appear $ $ $ Unlawful Use of Wireless Communication Device Sum/No Appear $60.00 $60.00 $ ,111 U-turn on curve or crest of grade Sum/No Appear $40.00 $60.00 $ Vehicle for sale or on street repair, Prohibit Sum/No Appear $40.00 $60.00 $ N/A For any offense not specifically listed herein, the minimum fine shall be Sum/Must Appear $ $ $ Standard Traffic Ordinance Infractions Description 1 st Offense 2 nd Offense 3 rd Offense Blind pedestrian right of way $45.00 $60.00 $ Carrying articles on bicycle; one hand on handle bars $45.00 $60.00 $ Clinging to other vehicle $45.00 $60.00 $ Coasting $45.00 $60.00 $ Defective brakes $45.00 $60.00 $ Defective headlamps $45.00 $60.00 $ Defective horn, muffler, mirrors or tires $45.00 $60.00 $ Defective mirror $45.00 $60.00 $ Defective motorcycle lamp $45.00 $60.00 $ Defective motorcycle or motor-driven cycle brakes $45.00 $60.00 $ Defective motorcycle reflector $45.00 $60.00 $ Defective motorcycle stop lams and turn signals $45.00 $60.00 $ Defective motorcycle tail lamp $45.00 $60.00 $ Defective muffler $45.00 $60.00 $ Defective multi-beam lighting $45.00 $60.00 $ Defective or improper use of horn or warning device $45.00 $60.00 $ Defective reflector $45.00 $60.00 $ Defective tail lamps $45.00 $60.00 $ Defective wipers; obstructed windshield or windows $45.00 $60.00 $ Disobey ped. Traffic control device $45.00 $60.00 $ Disobey traffic control device $75.00 $ $ Drivers View Obstructed $50.00 $75.00 $ Updated December 2017 STO KSA 11 P a g e

98 Driving into intersection, crosswalk or crossing without sufficient space on other side $45.00 $60.00 $ Driving on left in no-passing zone $75.00 $ $ Driving on left side of roadway $75.00 $ $ Driving on Left side where curve, grade, intersection railroad crossing, or obstructed view $75.00 $ $ Driving on Sidewalk $45.00 $60.00 $ Driving over fire hose $45.00 $60.00 $ Driving through safety zone prohibited $45.00 $60.00 $ Driving without lights when needed $45.00 $60.00 $ Driving wrong way on one-way road $75.00 $ $ Fail of certain vehicles to stop RR crossing $ $ $ Fail to comply w/const. zone restrictions $ $ $ Fail to exercise due care to pedestrian $45.00 $60.00 $ Fail to obey railroad crossing signal $ $ $ Fail to stop railroad crossing stop sign $ $ $ Fail to yield pedestrian in crosswalk $75.00 $ $ Fail to yield ROW from stop/yield sign $75.00 $ $ Fail to Yield ROW to emergency vehicle $ $ $ Fail to yield ROW turning left $75.00 $ $ Fail to yield ROW uncontrolled intersection $75.00 $ $ Fail to Yield ROW upon entering road $75.00 $ $ Fail to yield to emergency vehicle by pedestrian $45.00 $60.00 $ Fail to yield to pedestrian on sidewalk $45.00 $60.00 $ Failure to dim headlights $75.00 $ $ Failure to keep right to pass on-coming vehicle $75.00 $ $ Following fire apparatus too closely $75.00 $ $ Following too close $75.00 $ $ Illegal Window Tint $45.00 $60.00 $ a Impeding normal traffic by $55.00 $60.00 $ Improper Backing $45.00 $60.00 $ Improper bicycle lamps broken or reflectors $45.00 $60.00 $ Improper crossover on divided highway $45.00 $60.00 $ Improper driving on laned roadway $75.00 $ $ Improper hand signal $45.00 $60.00 $ Improper lamp color of certain vehicles $45.00 $60.00 $ Improper Lamps and equipment on implements of husbandry, road machinery or animal drawn vehicles $45.00 $60.00 $ Improper lamps on Parked Vehicle - Improper lamps etc. on farm tractor or slow moving vehicle $45.00 $60.00 $ Improper lamps or lights on emergency vehicle $45.00 $60.00 $ Improper lighting equipment on certain vehicles $45.00 $60.00 $ Improper lights on highway construction or maintenance vehicles $45.00 $60.00 $ Improper method of giving notice of intention to turn $45.00 $60.00 $ Improper motorcycle handlebars or passenger equipment $75.00 $ $ Updated December P a g e

99 Improper mounting of reflectors and lamps on certain vehicles $45.00 $60.00 $ Improper multiple-beam lights $45.00 $60.00 $ Improper number of driving lamps $45.00 $60.00 $ Improper operation of motorcycle on laned roadway $75.00 $ $ Improper operation of motorcycle; seats; passengers, bundles $45.00 $60.00 $ Improper operation of snowmobile on highway $45.00 $60.00 $ Improper passing on right $75.00 $ $ Improper passing; increasing speed when passed $75.00 $ $ Improper Pedestrian movement in walk $45.00 $60.00 $ Improper performance ability of brakes $45.00 $60.00 $ Improper riding of bicycle on roadway $45.00 $60.00 $ Improper road-lighting equipment on motor-driven cycle brakes $45.00 $60.00 $ Improper school bus lighting equipment and warning devices $45.00 $60.00 $ Improper single-beam headlights $45.00 $60.00 $ Improper speed with alternate lighting $45.00 $60.00 $ Improper stop lamp or turn signal $45.00 $60.00 $ Improper stop or turn signal $45.00 $60.00 $ Improper tires $45.00 $60.00 $ ,a Improper turn or approach $75.00 $ $ Improper use of roadway by pedestrian $45.00 $60.00 $ Improper U-turn $75.00 $ $ Improper vehicular hazard warning lamp $45.00 $60.00 $ Improper visibility of reflectors and lamps on certain vehicles $45.00 $60.00 $ Improper wide-based single tires $75.00 $ $ b Jay walking $45.00 $60.00 $ Lamps or Flags on Projecting Loads $75.00 $ $ Motorcycle clinging to other vehicle $45.00 $60.00 $ Motorcycle helmet and eye protection requirements $45.00 $60.00 $ Moving heavy equip at RR crossing $75.00 $ $ Not riding on bicycle seat; too many persons on bicycle $45.00 $60.00 $ Overtaking and passing church bus $ $ $ a Overtaking and passing school bus $ $ $ Parental responsibility of child riding bicycle $45.00 $60.00 $ Passing on left with insufficient clearance $75.00 $ $ Pedestrian soliciting rides or contributions $45.00 $60.00 $ Pedestrian disobey railroad signals $45.00 $60.00 $ Putting glass, etc. on highway $ $ $ Refusal to submit to preliminary breath test $ $ $ Riding in house trailer $45.00 $60.00 $ Speeding on motor driven motorcycle $75.00 $ $ Unattended Vehicle $25.00 $50.00 $ Unauthorized additional lighting equipment $45.00 $60.00 $ Unauthorized lights and devices on church or day-care bus $45.00 $60.00 $ a Updated December P a g e

100 Unauthorized lights and signals $45.00 $60.00 $ Unauthorized sign, signal, marking or device $45.00 $60.00 $ Unlawful operation of all-terrain vehicle $75.00 $ $ ,100 Unlawful operation of low-speed vehicle $75.00 $ $ ,101 Unlawful riding on vehicle $75.00 $ $ Unlawful use of spot, fog or auxiliary lamp $45.00 $60.00 $ Unsafe opening of vehicle door $45.00 $60.00 $ Unsafe speed for prevailing conditions $ $ $ Unsafe starting of stopping vehicle $45.00 $60.00 $ Unsafe turning or stopping, failure to give proper signal; unlawful turn signal $75.00 $ $ Using headphones/tv while driving $45.00 $60.00 $ Vehicle enter roadway private drive w/o stop $75.00 $ $ Violating flashing traffic signals $75.00 $ $ Violating lane-control signal $75.00 $ $ Violating pedestrian control signal $45.00 $60.00 $ Violating traffic control signal $75.00 $ $ Municipal Code and Other Violations Description Booking Procedure 1 st Offense 2 nd Offense 3 rd Offense Mun Code Burning within the City Limits Sum/Must Appear $ $ $ N/A Failure to Appear Arrest/Bond $25.00 $25.00 $ Probation Violation $50.00 fine Def's $ Only ** $ After 12 hrs KSA Cash Bond Disturbing the peace Sum/No Appear $50.00 $75.00 $ N/A Window peeping Sum/Must Appear $ $ $ N/A Curfew violation Sum/Must Appear Warning $ $ N/A Possession of Marijuana Sum/Must Appear $ DISTRICT DISTRICT Possession of Drug Paraphernalia Sum/Must Appear $ DISTRICT DISTRICT Premise Cleaned Sum/No Appear $ $ $ N/A Animals at Large-(except dog) Sum/No Appear $40.00 $60.00 $ N/A Dog at Large Sum/No Appear $60.00 $80.00 $ Dogs Staked or Tethered Sum/Must Appear $60.00 $80.00 $ N/A Noisy Dogs Sum/No Appear $ $ N/A Vicious/Biting Dog Sum/Must Appear $ $ $ Site Violation-Number of Animals Limited Sum/No Appear $60.00 $80.00 $ N/A No Vaccination of Animal/Rabies Tag Sum/No Appear $40.00 $60.00 $ N/A Littering Sum/No Appear $50.00 $75.00 $ Nuisance Sum/No Appear $ $ $ N/A Bicycle/Skateboard Violation Sum/No Appear $25.00 $50.00 $ N/A City Pond Violations Sum/No Appear $40.00 $60.00 $ N/A Updated December P a g e

101 Careless Driving IA involved Sum/Must Appear $ $ $ N/A Careless Driving NIA involved Sum/No Appear $ $ $ N/A Careless Driving No Accident Inv Sum/No Appear $40.00 $60.00 $ N/A Truck parking residential zone Sum/No Appear $40.00 $60.00 $ N/A Angular Parking downtown Sum/No Appear $40.00 $60.00 $ N/A Truck Route Violation Sum/No Appear $ $ $ N/A Illegal/Expired Tag Sum/No Appear $ $ $ Illegal Out-of-State Tag Sum/No Appear $ $ $ (6) 8-1,138 Failure to Maintain Property Sum/Must Appear $ $ $ IPMC Defacement of Property Sum/Must Appear $ $ $ Enclosures (for swimming pools) (IPMC 303.2) Sum/Must Appear $ $ $ Failure to Mow (IPMC 302.1) Sum/Must Appear $ $ $ Failure to Pull a Permit (R105.1) Sum/Must Appear $ $ $ Food Preparation (IPMC 404.7) Sum/Must Appear $ $ $ Illegal Roof Overlay (R907.3) Sum/Must Appear $ $ $ Infestation (IPMC 309.1) Commercial Sum/Must Appear $ $ $ Infestation (IPMC 309.1) Residential Sum/Must Appear $ $ $ Motor Vehicles (IPMC 302.8) Sum/Must Appear $ $ $ Premises Identification (IPMC 304.3) Sum/Must Appear $50.00 $75.00 $ Prohibited Occupancy (IPMC 108.5) Includes Dangerous Equipment Sum/Must Appear $ $ $ Rubbish/Garbage IPMC Sum/Must Appear $50.00 $75.00 $ Transfer of Ownership (IPMC 107.6) Sum/Must Appear $ $ $ Unauthorized Tampering (IPMC 107.4) Sum/Must Appear $ $ $ Unlawful Placard Removal (IPMC ) Sum/Must Appear $ Unsafe Conditions (IPMC ) Sum/Must Appear $ $ $ Water Conservation Sum/No Appear $ $ $ (b) Bench Warrant Fee per case xx $50.00 xx xx 2-361(b) Expungement Fee per case xx $75.00 xx xx 2-361(e) For any offense not specifically listed herein, the minimum fine shall be Sum/Must Appear $ $ $ Updated December P a g e

102 Speeding Description 1 st Offense 2 nd Offense 3 rd Offense Description 1 st Offense 2 nd Offense 3 rd Offense Speeding 10 MPH & Under $45.00 $60.00 $75.00 Speeding School/Construction Zone 10 MPH & Under $90.00 $ $ MPH Over $51.00 $69.00 $ MPH Over $ $ $ MPH Over $57.00 $78.00 $ MPH Over $ $ $ MPH Over $63.00 $87.00 $ MPH Over $ $ $ MPH Over $69.00 $96.00 $ MPH Over $ $ $ MPH Over $75.00 $ $ MPH Over $ $ $ MPH Over $81.00 $ $ MPH Over $ $ $ MPH Over $87.00 $ $ MPH Over $ $ $ MPH Over $93.00 $ $ MPH Over $ $ $ MPH Over $99.00 $ $ MPH Over $ $ $ MPH Over $ $ $ MPH Over $ $ $ MPH Over $ $ $ MPH Over $ $ $ MPH Over $ $ $ MPH Over $ $ $ MPH Over $ $ $ MPH Over $ $ $ MPH Over $ $ $ MPH Over $ $ $ MPH Over $ $ $ MPH Over $ $ $ MPH Over $ $ $ MPH Over $ $ $ MPH Over $ $ $ MPH Over $ $ $ MPH Over $ $ $ MPH Over $ $ $ MPH Over $ $ $ MPH Over $ $ $ MPH Over $ $ $ MPH Over $ $ $ MPH Over $ $ $ MPH Over $ $ $ MPH Over $ $ $ MPH Over $ $ $ MPH Over $ $ $ MPH Over $ $ $ MPH Over $ $ $ MPH Over $ $ $ MPH Over $ $ $ MPH Over $ $ $ MPH Over $ $ $ MPH Over $ $ $ MPH Over $ $ $ MPH Over $ $ $ MPH Over $ $ $ MPH Over $ $ $ MPH Over $ $ $ MPH Over $ $ $ MPH Over $ $ $ MPH Over $ $ $ Each Additional Mile Previous Fine plus $6.00 Previous Fine plus $9.00 Previous Fine plus $12.00 Each Additional Mile Previous Fine plus $12.00 Previous Fine plus $18.00 Previous Fine plus $24.00 Updated December P a g e

103 Parks and Facilities Buildings and Rentals A. Agri-Business Building a. North Building...$80.00/Day b. South Building...$160.00/Day c. For Profit Use or Sponsored Event...$100.00/Day d. Damaged Deposit North Building (Non Refundable within 48 hours of event)...$100.00/event e. Damaged Deposit South Building (Non Refundable within 48 hours of event)...$100.00/event B. Hogan a. Building and Grounds...$75.00/Day C. Northwest Community Center a. Building Rental...$75.00/Day b. Building Rental with Kitchen...$100.00/Day D. Senior Center Rental a. Deposit...$ b. Main Room (Per hour up to 4 hours)...$30.00/hour c. Main Room All Day...$125.00/Day d. East or West Community Room...$15.00/Hour e. Kitchen Usage...NO USE f. Chair & Tables...Free E. Table and Chair Rentals for Private Functions a. Tables...$8.00 Each b. Chairs...$0.75 Each F. Camping (Camping Permit Valid for 72 Hours) a. Walnut Park...$15.00 b. Newman Park...$15.00 Updated December P a g e

104 Parks and Facilities Riverview Cemetery A. Services: a. Adult Space...$ b. Baby Space less than 1 year...$0.00 c. Transfers per Transaction...$35.00 d. Opening and Closing Adult Grave...$ e. Opening and Closing Infant Grave...$ f. Opening and Closing for Cremation Urn...$ g. Vault 12 x 12 x 12 and Smaller...$ h. Vault 12 x 12 x 12 and Larger...$ i. Saturday and Holiday Surcharge...$ j. Funeral Services Cemetery Gate at or later than 3:30PM will be charged an additional surcharge...$ k. City Space Repurpose...50% of Current Price + $35.00 l. Monument Setting Fee...$ m. Re-Flag Location... Additional $20.00 Fee n. Disinterment... Double the Opening & Closing o. Move stone 48 in length or smaller...$50.00 p. Move stone greater than 48 in length...$ q. Side burial long shutter crypt...$ r. Single Crypt...$ s. Companion Crypt...$1, t. Cost of opening side burial long shutter crypt...$ u. Cost of opening and closing single crypt...$ v. Cost of opening and closing companion crypt...$ Updated December P a g e

105 Police Department General Fees A. Reports a. Police Reports (Cover Sheet of Offense Report)...$0.00 b. Accident Report (Online)...$18.00 B. Fingerprints a. Per Set...$20.00 C. Electronic Media Form of Data...$25.00 D. Open Records Request Fees (Search Cost/Hourly Rates (Minimum 15 Minutes): a. Staff (Each 15 Minute Increment)...$4.00 b. Administrative (Each 15 Minute Increment)...$6.00 c. Computer Staff (Each 15 Minute Increment)...$6.00 d. Photocopies Black & White (per page)...$.25 e. Photocopies Color (per page)...$.50 f. City Attorney Review...Actual Cost Updated December P a g e

106 Neighborhood Services Planning A. Planning a. Comprehensive Plan...$50.00/Copy b. Zoning Ordinance...$22.50/Copy c. Subdivision Ordinance...$5.00/Copy d. Map Larger than 11 x 17 Black & White...$5.00/Copy e. Map Larger than 11 x 17 Color...$10.00/Copy i. Commercially produced by the Chamber of Commerce 1. No Charge/Unless Mailed B. Zoning Fees a. Conditional Use Permit Application...$ b. Rezone Application...$ c. Planned Unit Development...$ C. Board of Zoning Appeals Fees a. Appeals...$ b. Variance...$ c. Exception...$ D. Subdivision Fees a. Plat (Additional Pages)...$29.00 b. Lot Split...$75.00 c. Preliminary Plat...$ d. Final Plat (Major Plats only)...$ e. Vacating Request...$ E. Public Works a. Bid Documents & Plan Sets for Public Improvement & Maintenance Contracts...$25.00/Copy b. Documents & Plan Sets for Public Improvement & Maintenance Contracts...$25.00/Copy c. Neighborhood Revitalization Program Application Updated December P a g e

107 Neighborhood Services Building and Construction Building Permit Fees: Structure Moving $ Reroofing ( >1sq) Valuation Driveway Permit $35.00 Re-Inspection Fee $50.00 Investigation Fee $ After Hours Inspection $70.00/HR Plan Review Permit Value x $0.65 Failure to Apply Equal to Permit x 2 Residential Permit Fees: $ $10,000 $25.00 $10,001 - $20,000 $30.00 $20,001 - $30,000 $50.00 $30,001 - $40,000 $70.00 $40,001 - $50,000 $90.00 $50,001 - $70,000 $ $70,001 - $95,000 $ $95,001 - $125,000 $ $125,001 And Over Value x.002 Commercial Permit Fees: $ $10,000 $30.00 $10,001 - $20,000 $45.00 $20,001 - $30,000 $75.00 $30,001 - $40,000 $ $40,001 - $50,000 $ $50,001 - $60,000 $ $60,001 - $70,000 $ $70,001 - $80,000 $ $80,001 - $90,000 $ $90,001 $100,000 $ $100,001 - $125,000 $ $125,001 And Over Value x.0030 Demolition Permit Fees: $ $2,000 $30.00 $2,001 - $10,000 $60.00 $10,001 - $100,000 $ $100,001 And Over $ Electrical Permit Fees: Temp. Const. Pole Valuation Electrical Inspection Valuation New Const./Remodel Valuation Plumbing Permit Fees: Plumbing Inspections $25.00 Repairs/Replacements Valuation Water Heater $25.00 Replacement Septic System Inspect. $ Sewer Tap & Service $ Cost Line Gas Pressure Test $25.00 Mortgage Septic $50.00 Inspection (existing tanks) Mechanical Inspections: Mechanical Inspect. Based on Value Contractor Licenses: Type New Fee Renewal Class A $ $ Class B $ $ Class C $ $ Class D $ $80.00 Sign Hanger $ $ Private Sewage $ $ Plumbing Cont. $ $ Master $ $60.00 Journeyman $ $30.00 Electrical Cont. $ $ Master $ $60.00 Journeyman $ $30.00 Mechanical Cont. $ $ Master $ $60.00 Journeyman $ $30.00 Updated December P a g e

108 Public Works Department General Fees Disconnect Fee: Whenever any service is terminated for nonpayment as provided for in Section of the Arkansas City Municipal Code, the customer shall owe to the City, in addition to all incurred costs and fees for services provided, a disconnect fee of Thirty-Five Dollars ($35.00). The City will waive such disconnect fee should the entire overdue balance be paid in full by a non-profit and/or charitable organization. Payment of Bills: A. All accounts payable to the City for water and other services shall be due and payable upon receipt and shall be deemed delinquent if not paid on or before the delinquent date, which shall be no less than 25 days after the billing statement is issued. Those accounts not paid in full on or before the delinquent date shall be assessed a penalty of five percent (5%) of the amount due shown on the billing statement. For those accounts not paid in full on or before the delinquent date following the billing date, all accounts and charges currently owed shall become immediately due and shall be deemed delinquent. B. Service at other locations, or new service to any address, may be refused by the City until the previous delinquent accounts as indexed against the new customer are paid in full; should the City become aware of service to an existing account holder which is delinquent for nonpayment at another address, existing service may be terminated if the delinquent accounts are not paid within forty-eight (48) hours after notification is sent. C. The account holder shall pay all costs the City pays to a third party to collect the delinquent account, including, but not limited to, court costs, attorney s fees of percent of the delinquent amount, and/or any other collection agency fees, including a 25 percent fee on accounts sent to the Kansas State Set-Off Program to fully reimburse the City for collection of the account through that Program. D. Description: Trash/Junk Vehicle Property Maintenance Fee Weed Abatement Fee Mowing Fee Amount: Cost of Cleanup (labor/equipment) plus $ administrative fee Cost of Cleanup (labor/equipment) plus $ administrative fee Cost of Cleanup (labor/equipment) plus $ administrative fee Cost of Cleanup (labor/equipment) plus $ administrative fee F Street Limb & Compost Site: City Resident Free Commercial/Non-Resident: Pickup/Small Utility Trailer $15.00 Dump Truck/Flatbed/Car Trailer $25.00 Tandem Dump Truck/Large Dump Trailer $30.00 Updated December P a g e

109 Public Works Department Water Utility A. Every consumer shall pay for each new water service installed, which includes the water raw tap, service line and meter installation. The customer or contractor must have the water main ready for immediate tap. Therefore, these costs do not include removal and replacement of pavement or excavation costs. The customer or contractor must submit plans to the Public Works Department for approval prior to construction a new service. A tap work order will not be issued until Public Works verifies and approves the plans and appropriate payment arrangements. 1 Tap, Service Line and 5/8 meter (25 gpm) $ " Tap, Service Line and 3/4" meter (35 gpm) $ 1, " Tap, Service Line and 1" meter (55 gpm) $ 3, " Tap, Service Line and 1.5" Meter (200 gpm) $ 3, " Tap and 2" meter (250 gpm)* $ 3, " Tap and 3" meter (650 gpm)* $ 3, " Tap and 4" meter (1,250 gpm)* $ 4, " Tap and 6" meter (2,500 gpm)* $ 8, " Tap and 8" meter (3,500 gpm)* $ 13, " Fire Services Detector Check Valve* $ 2, " Fire Services Detector Check Valve* $ 3, " Fire Service Detector Check Valve* $ 5, " Fire Service Detector Check Valve* $ 8, Relocate 1" or smaller meter set and meter pit $ Reinstall 1" or smaller meter in existing meter pit $ * Costs include water main tap, meter/detector check valve and installation in customers vault only. All piping, valves and vault shall be the responsibility of the customer or contractor. Note: Public Works will always be responsible for the service line and meter set on 1 or 2 taps. B. When an account is placed in a customer's name, or when a customer transfers from one account to another, a nonrefundable account service charge in the amount of Twenty-five Dollars ($25.00), payable in advance, shall be levied to cover the costs of servicing the new account or the transfer request. C. The City offers three sets of water rates to users depending on their classification: Inside City Limits, Outside City Limits or Wholesale Customer. D. Sales tax and other state fees will be applied to customer bills when applicable according to state law and other regulations. E. Bulk water rate shall be ten dollars ($10.00) per thousand gallons. A fifty dollar ($50.00) metering fee shall be charged when applicable. WHOLESALE RATES AND CONTRACTS ARE NEGOTIABLE FOR LARGE CUSTOMERS. Updated December P a g e

110 GENERAL FEES F. Inside City Limits: Meter Size /8" $18.14 $18.50 $18.87 $19.25 $ /4" $27.38 $27.92 $28.48 $29.05 $ " $45.55 $46.46 $47.39 $48.34 $ /2" $90.70 $92.51 $94.36 $96.25 $ " $ $ $ $ $ " $ $ $ $ $ " $ $ $ $ $ " $1, $1, $1, $1, $1, " $3, $3, $3, $3, $3, Additional Charges per Thousand Gallons Usages above 2,000 Gallons Next 28,000 Gal. $6.87 $7.01 $7.15 $7.30 $7.44 Next 70,000 Gal. $5.15 $5.25 $5.36 $5.47 $5.58 Next 300,000 Gal. $4.37 $4.45 $4.54 $4.63 $4.73 Next 2,600,000 Gal. $3.40 $3.46 $3.53 $3.60 $3.68 Next 7,000,000 Gal. $2.08 $2.12 $2.16 $2.60 $2.85 All Over 10,000,000 Gal. $1.47 $1.50 $1.53 $2.00 $2.50 G. utside City Limits: Meter Size /8" $36.24 $36.97 $37.70 $38.46 $ /4" $54.78 $55.88 $57.00 $58.14 $ " $91.11 $92.93 $94.79 $96.68 $ /2" $ $ $ $ $ " $ $ $ $ $ " $ $ $ $ $ " $1, $1, $1, $1, $1, " $2, $2, $2, $2, $2, " $6, $6, $6, $6, $6, Additional Charges per Thousand Gallons Usages above 2,000 Gallons Next 28,000 Gal. $13.79 $14.07 $14.35 $14.63 $14.93 Next 70,000 Gal. $10.33 $10.54 $10.75 $10.97 $11.18 Next 300,000 Gal. $8.68 $8.85 $9.03 $9.21 $9.40 Next 2,600,000 Gal. $6.76 $6.90 $7.04 $7.18 $7.32 Next 7,000,000 Gal. $4.17 $4.26 $4.34 $5.20 $5.70 All Over 10,000,000 Gal. $2.95 $3.01 $3.07 $4.00 $5.00 Updated December P a g e

111 H. Water Conservation Violations Municipal Code Section b: Reconnect Fee: 1 st 2 nd Additional Connections within one year $ $ $ Updated December P a g e

112 Public Works Department Stormwater Utility A. There is established a Stormwater Utility, the purpose of which is to assist the City in its responsibility for the operation, construction, maintenance and repair of stormwater drainage system facilities to provide adequate systems of collections, conveyance, detention, treatment & release of stormwater and the reduction of potential hazards to property and life resulting from stormwater runoff. Type Monthly Stormwater Fee Residential $ 3.00 Non Residential $ 6.00 Updated December P a g e

113 Public Works Department Sewer Utility A. There is levied on each sewerage system user having any sewer connection with the sewerage system of the City or otherwise discharging sewage, industrial waste, or other liquids, either directly or indirectly into the City's sewerage system, a sewer service charge. Subject to the exceptions provided in this chapter, such charge shall be based upon the quantity of water used in or on the premises as the same is measured by a water or sewage meter or meters approved by the City. Additional charges for extra strength sewage, toxic pollutants, and sewage monitoring will be levied where applicable. B. The monthly charges for residential and public customer classifications shall be based on the average monthly billing of water usage during the calendar months of January, February, and March billing cycles. The billing of April of each year shall first reflect the base usage so determined. Commercial and industrial charges shall be based on one hundred percent of monthly metered water usage. New residential sewer customers will be assessed a minimum of 4,000 gallons sewer average until a three month average over January, February, and March billing cycles can be established. Customers may request one recalculation of the sewer average based on the most prior consecutive three months usage prior to the request. C. Sewer Service Rate: The following rates are established for all customers for the use of the City's sewerage system: Description Base Charge (Includes first 2,000 Gallons) $ $ $ $ $ Per Thousand Gallons (Over 2,000 Gallons) $ 3.72 $ 3.79 $ 3.87 $ 3.95 $ 4.03 Upon application to the Public Works Department for a new sewer service tap, a fee of Four Hundred Dollars ($400.00) shall be paid by the applicant for any such tap up to six (6) inches in diameter. All taps and connections made to the sewerage system shall be made by a licensed plumber under inspection of authorized city staff. The licensed plumber shall coordinate all work and materials with the authorized city staff prior to installation of the tap. Description Fee: New Sewer Service Tap $ Relocate Existing Sewer Tap & Service Line $ D. The City shall accept septic tank sewage at the wastewater treatment plant by licensed contractors with a valid permit for Cowley County. Each load (<1,500 gpm) shall be accompanied by a fifteen dollar ($15.00) fee. At the wastewater treatment plant superintendent's direction, the following items may be required prior to accepting the load: a. A Manifest Form; b. A ph Analysis c. A sample obtained for seventy-two (72) hour holding period; d. Physical characteristics of the sewage; and E. Application for private disposal Updated December P a g e

114 Public Works Department Sanitation A. The following rates and charges for the collection and disposition of garbage and trash, as contained in a polycart issued by the City, from the public street or alley right-of-way (without the collector entering upon private property) are established and fixed as follows: Rates & Standards for Residential Sanitation Monthly Fee Single Family: $ Multiple Family (Per Unit): $ B. Trash carts are the property of the City and each cart should stay at the address it was delivered. The City is responsible for the maintenance and repair of the trash carts. However, the City will charge the owner or occupant a fee for any necessary repair or replacement due to the owner's or occupant's abuse, misuse or neglect of the cart. The replacement fee for each trash cart is $ C. Customers who require an additional polycart for the provision of services is an extra $9.22 per month. Rates & Standards for Commercial Sanitation Containers: A. The following monthly base rate shall apply to refuse collection and disposal from approved commercial type containers capable of being served mechanically by City Public Services Maintenance Workers Collections Per Weeks Container size (cubic yards) $ $ $ $ $ n/a 2 $ $ $ $ $ n/a 3 $ $ $ $ $ n/a 3.5 $ $ $ $ $ n/a 4 $ $ $ $ $ n/a 5 $ $ $ $ $ n/a 6 $ $ $ $ $ $ $ $ $ $ $ $ B. In addition to the foregoing refuse rates, commercial customers may enter a rental program for approved refuse containers wherein the City, as owner, shall be responsible for their maintenance, repair and replacement, based upon the following monthly rental fee schedule: Container Size (Cubic Yards) Fees $ 8.00 $ 8.68 $ 9.92 $ $ $ $ $ Updated December P a g e

115 C. Commercial and Business Establishments refuse rates using City issued polycarts: Number of City issued Polycarts Collections Per Week $ $ $ $ D. Commercial refuse rates to service "dig-out" boxes, cages and other manually serviced refuse containers: a. Monthly rates shall apply to commercial and business establishment refuse collection and disposal from boxes, cages and other manually serviced containers, other than standard City issued containers shall be established by the Public Works Director, based on equivalent size and collections per week. Any customer found by the Director of Public Works or his designee to be in violation of the Standards for Commercial Sanitation Containers, as listed above, shall be issued a written Notice of such violation. The Notice shall be personally delivered to the customer or shall be sent Certified Mail, postage prepaid, return receipt requested, and such Notice shall state: a. The condition which has caused the violation; and b. That the customer shall have ten (10) days from the receipt of the Notice to abate the violation or make plans satisfactory to the Director of Public Works for the abatement of such violation. c. If the customer should fail to make the repairs or respond within the time limitations provided, the City may proceed to make the necessary repairs or, if necessary, replace the container and the costs expended thereof shall be added to the bill of the customer for water and other municipal services and be collected as a combined bill for such municipal utility services. Any commercial refuse customer utilizing a trash compactor or requiring special or unusual service, including but not limited to special collection hours, abnormal number of collections or refuse volume, abnormal or unusual refuse characteristics or special refuse containers, shall be charged a fee based upon cost of collection and disposal and any administrative or other costs attributable thereto. Any non-household refuse or other item unsuitable for collection by regular refuse service or special flatbed service may be collected by the Sanitation Department upon the customer making a request therefore in the office of the City Clerk and paying in advance special fees, a minimum of Twenty Dollars ($20.00) plus labor, equipment and excess tipping charges may apply, as determined by the Superintendent of Public Services. Special Refuse Service $ Labor, Equipment/Excess Tipping charges may apply Updated December P a g e

116 Item for City Commission Action Section VII Item 7 Meeting Date 12/19/2017 Department/Division Public Works / Police Staff Contacts Eric Broce / Dan Ward Title: A Resolution authorizing the City of Arkansas City to place east-west traffic control devices at the intersections of Birch Avenue and C Street, Cedar Avenue and 5 th Street, Poplar Avenue and 3 rd Street, Poplar Avenue and 4 th Street, and Vine Avenue and 7 th Street. (Voice Vote) Description: During a Traffic Safety Committee meeting October 13, 2017, Police Chief Dan Ward presented a heat map showing recent traffic collisions at various uncontrolled intersections throughout Arkansas City. Five uncontrolled intersections in north Arkansas City and six uncontrolled intersections in south Arkansas City were identified as particular problem areas. After some discussion, the Committee voted 10-0 to recommend restoring traffic control devices to the five northern intersections. These intersections will serve as a test case for whether stop signs for east-west traffic reduce collisions. City staff also plans to use reflective sign poles and blinking lights or flags to call attention to the new stop sign placements. Tree trimming and removal will be performed as needed to improve visibility at the most troublesome intersections, as well. The five intersections for which traffic control devices would be replaced to stop east-west traffic are: 1. Birch Avenue and C Street East-west traffic on Birch Avenue would have to stop 2. Cedar Avenue and 5 th Street East-west traffic on Cedar Avenue would have to stop 3. Poplar Avenue and 3 rd Street East-west traffic on Poplar Avenue would have to stop 4. Poplar Avenue and 4 th Street East-west traffic on Poplar Avenue would have to stop 5. Vine Avenue and 7 th Street East-west traffic on Vine Avenue would have to stop If these actions are successful, the six southern intersections may be addressed with a similar resolution. Commission Options: 1. Approve the Resolution. 2. Table the Resolution for further discussion. 3. Disapprove the Resolution. Fiscal Impact: Amount: $2, (approx. cost for 10 stop signs with reflective poles and flags) Fund: 01 (General) Department: 542 (Streets) Expense Code: 7207 (Street Flags and Signs) Included in budget Grant Bonds Other (explain)

117 Approved for Agenda by: City Manager

118 RESOLUTION NO A RESOLUTION AUTHORIZING THE CITY OF ARKANSAS CITY TO PLACE EAST-WEST TRAFFIC CONTROL DEVICES AT THE INTERSECTIONS OF BIRCH AVENUE AND C STREET, CEDAR AVENUE AND 5 TH STREET, POPLAR AVENUE AND 3 RD STREET, POPLAR AVE. AND 4 TH STREET, AND VINE AVENUE AND 7 TH STREET. WHEREAS, The Governing Body of City of Arkansas City, Kansas, on June 20, 2017, approved Resolution No , creating the Traffic Safety Committee, authorizing it to evaluate citizen and staff suggestions for traffic safety improvements or modifications, and empowering it to make recommendations regarding those improvements; and WHEREAS, the Traffic Safety Committee met October 13, 2017, and discussed a heat map showing recent traffic collisions at various uncontrolled intersections throughout Arkansas City; and WHEREAS, five uncontrolled intersections in north Arkansas City and six uncontrolled intersections in south Arkansas City were identified as particular problem areas; and WHEREAS, the Traffic Safety Committee voted 10-0 to recommend restoring traffic control devices to the five northern intersections, to serve as a test case for whether stop signs for east-west traffic reduce collisions; and WHEREAS, City staff also plans to use reflective sign poles and blinking lights or flags to call attention to new sign placements, for an approximate cost of $225 per sign or $450 per intersection, totaling $2,250. NOW, THEREFORE, IN CONSIDERATION OF THE AFORESTATED PREMISES, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF ARKANSAS CITY, KANSAS: SECTION ONE: The Governing Body of the City of Arkansas City, Kansas, hereby authorizes the City of Arkansas City, Kansas, to place east-west traffic control devices, to include reflective sign poles and blinking lights or flags, at the intersections of Birch Avenue and C Street, Cedar Avenue and 5th Street, Poplar Avenue and 3rd Street, Poplar Avenue and 4th Street, and Vine Avenue and 7th Street. SECTION TWO: The Governing Body of the City of Arkansas City, Kansas, hereby authorizes City staff of the City of Arkansas City, Kansas, to take such further and other necessary actions that are required to effectuate the intent and purposes of this Legislative Enactment. SECTION THREE: This Resolution shall be in full force and effect from its date of passage by the Governing Body of the City of Arkansas City, Kansas. PASSED AND RESOLVED by the Governing Body of the City of Arkansas City, Kansas, on this 19th day of December, (Seal) Dan Jurkovich, Mayor ATTEST: Lesley Shook, City Clerk APPROVED AS TO FORM:

119 Tamara L. Niles, City Attorney CERTIFICATE I hereby certify that the above and foregoing is a true and correct copy of the Resolution No of the City of Arkansas City, Kansas, adopted by the Governing Body thereof on December 19, 2017, as the same appears of record in my office. DATED:. Lesley Shook, City Clerk

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122 Item for City Commission Action Section VII Item 8 Meeting Date 12/19/2017 Department/Division City Manager Staff Contacts Nick Hernandez / Andrew Lawson Title: First reading of an Ordinance modifying Municipal Code Part II, Chapter 2, Article III, Division 4, to amend the Equal Opportunity and Accessibility Advisory Board s purpose and duties. (Roll Call Vote) Description: The Equal Opportunity and Accessibility Advisory Board, chaired by Tammy Lanman-Henderson, has been meeting regularly for a year. As part of its regular duties, the Board was tasked with reviewing its bylaws in Arkansas City Municipal Code and working to compile a Strategic Plan for the 2018 fiscal year. Through the course of 12 meetings in 2017, the Board has worked diligently to accomplish both tasks, as has been documented in its minutes that have accompanied prior City Commission agenda packets. The final product of these discussions is the attached Ordinance, presented for review and potential approval by the Governing Body, as well as the final draft of the Board s Strategic Plan for When the Board was created by the City Commission in June 2016 by combining the Accessibility Advisory Board and the Human Relations Commission, all of the code language for the two boards was combined together into one section of Municipal Code, with little effort given to thorough review. After extensive review of the purpose and duties of the Board as contained in Municipal Code, the Board members have recommended shrinking the list of duties from 15 to 12 so that it may focus on one duty each month as part of a rolling review of its Strategic Plan. This was accomplished by combining some duties that were quite similar, eliminating duplicative language and, in one case, moving one duty s language upward into the Board s statement of purpose. Additionally, some references to state or federal agencies and/or laws have been made more specific. Board members should be available at the meeting to answer any questions the commissioners may have regarding the proposed changes or the Board s Strategic Plan for 2018 and the actions therein. City staff recommends passage of this Ordinance on first reading, as its changes are relatively minor. Commission Options: 1. Approve the Ordinance on first reading. 2. Table the Ordinance until a second reading January 8, Disapprove the Ordinance. Fiscal Impact: Amount: Cost of publication

123 Fund: Department: Expense Code: Included in budget Grant Bonds Other (explain) Approved for Agenda by: City Manager

124 (First Published in the CowleyCourier Traveler, 2017) ORDINANCE NO AN ORDINANCE MODIFYING MUNICIPAL CODE PART II, CHAPTER 2, ARTICLE III, DIVISION 4, TO AMEND THE EQUAL OPPORTUNITY AND ACCESSIBILITY ADVISORY BOARD S PURPOSE AND DUTIES. WHEREAS, The Governing Body of the City of Arkansas City, Kansas, on June 6, 2016, approved Ordinance No , combining the Human Relations Commission and the Accessibility Advisory Board into the Equal Opportunity and Accessibility Advisory Board, and amending Municipal Code to so reflect; and WHEREAS, the Equal Opportunity and Accessibility Advisory Board has spent all of 2017 reviewing its purpose and duties as set forth in Arkansas City Municipal Code Part II, Chapter 2, Article III, Division 4, and now desires to recommend amendments to said purpose and duties after diligent discussion; and WHEREAS, the Governing Body of the City of Arkansas City, Kansas, wishes to eliminate duplicative provisions of Municipal Code governing boards, and thus desires to amend Municipal Code to so reflect. NOW, THEREFORE, IN CONSIDERATION OF THE AFORESTATED PREMISES, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF ARKANSAS CITY, KANSAS: SECTION ONE: AMENDMENT TO MUNICIPAL CODE PART II, CHAPTER 2, ARTICLE III, DIVISION 4. The Governing Body of the City of Arkansas City, Kansas, hereby amends Part II, Chapter 2, Article III, Division 4 of the Arkansas City Municipal Code to read as follows (deleted provisions struck through, new provisions in italics): DIVISION 4. - EQUAL OPPORTUNITY AND ACCESSIBILITY ADVISORY BOARD Sec Creation and membership. (a) (b) The equal opportunity and accessibility advisory board shall consist of no less than five and no more than seven voting members. Members shall serve terms of three years. The members of the equal opportunity and accessibility advisory board shall be drawn from diverse segments of the public, and selected for their objectivity, ability and broad community interest. Membership shall at all times include no less than two members with a disability, or who are relatives or primary caretakers of persons with disabilities. Those with experience in working with the disabled or with expertise in accessibility issues will be given preference for appointment. Sec Duties of chairperson. The chairperson, or the vice chairperson in the absence of the chairperson, is responsible for the appointment of appropriate committees, and the preparation of an annual report to be presented to the board of city commissioners regarding the activities and concerns of the board. Sec Purpose and duties. The equal opportunity and accessibility advisory board shall ensure the benefits of the Americans with Disabilities Act and Title VI of the Civil Rights Act to citizens of the city. The board shall act in an advisory capacity as a clearinghouse for community concerns as outlined in this division and its duties shall be as follow:

125 (1a) (2b) (3c) (4d) To help to preserve and further the good name of the city by fostering and promoting amicable relations among individual citizens and various groups of citizens in the city and its environs; To help to ensure that each citizen, regardless of race, religion, color, age, sex, disability, language proficiency or national origin, has an opportunity to develop according to his or her abilities without limitations; To act as an agency with the responsibility of analyzing the depth and scope of community problems in the general areas of community involvement and communications, accessibility, education, economic opportunity, recreation, racial inequality, and concerns of the youth; To present such community problems to the appropriate elected or appointed officials, or the appropriate civic groups, businesses or union representatives Kansas Human Rights Commission or other appropriate local or state agency, and to ask that such problems be examined and that the board be advised of any actions taken; (5) To make certain that the intention of the board is not to defuse the political responsibility of elected or appointed officials, but to act as a clearinghouse for community concerns as outlined in this division; (6e) (7f) (8g) (9h) (10i) To enlist and encourage the resources of individuals and groups toward the improvement of intergroup relations, and encourage community support and understanding by the general public of the board s concerns; To encourage community support and understanding by the general public of the board s concerns and, where appropriate, support legislation, where appropriate, that is designed to reduce or eliminate discriminatory practices and group or individual prejudices; To advise and make recommendations to the board of city commissioners on such matters related to accessibility as, from time to time, may be referred to the board; To evaluate public projects and activities, both public and private review plans for city construction projects with potential accessibility issues prior to implementation, and to advise city staff on matters related to accessibility; To provide technical assistance to the city on matters related to the disabled population and serve as an advocate for citizens with disabilities; (11) To review city plans for construction projects with potential accessibility issues prior to implementation; (12) To serve as an advocate for citizens with disabilities; (13j) (14k) (15l) To serve as a resource on policy and/or procedure for members of the board of city commissioners and for city staff; To review federal and state regulations and guidelines on accessibility, and to report its findings to the appropriate city department, division or body board; and To review and revise the city's American with Disabilities Act Transition Plan as needed and make recommendations for its implementation. SECTION TWO: The Governing Body of the City of Arkansas City, Kansas, hereby authorizes the Mayor and/or City Manager of the City of Arkansas City to take such further and other necessary actions that are required to effectuate the intent and purposes of this Legislative Enactment.

126 SECTION THREE: PUBLICATION; EFFECTIVE DATE. This ordinance, or a summary thereof, shall be published one time in the official City newspaper, and shall take effect and be in force from and after said publication. PASSED AND ORDAINED by the Governing Body of the City of Arkansas City, Kansas, on this 19th day of December, (Seal) Dan Jurkovich, Mayor ATTEST: Lesley Shook, City Clerk APPROVED AS TO FORM: Tamara L. Niles, City Attorney CERTIFICATE I hereby certify that the above and foregoing is a true and correct copy of the Ordinance No of the City of Arkansas City, Kansas, adopted by the Governing Body thereof on December 19, 2017, as the same appears of record in my office. DATED:. Lesley Shook, City Clerk

127 GOAL HELP TO PRESERVE AND FURTHER THE GOOD NAME OF THE CITY BY FOSTERING AND PROMOTING AMICABLE RELATIONS AMONG INDIVIDUAL CITIZENS AND VARIOUS GROUPS OF CITIZENS IN THE CITY AND ITS ENVIRONS. Action: 1. Conduct annual appreciation and awareness events on a monthly or bimonthly basis. 2. Work as part of the emerging beautification coalition. 3. Plan for at least one cultural festival each year to expose Arkansas City residents to different cultures and ways of life. 4. Encourage the creation of a new citizen committee to administer and award the Joe B. Avery Community Spirit Award. GOAL HELP ENSURE THAT EACH CITIZEN, REGARDLESS OF RACE, RELIGION, COLOR, AGE, SEX, DISABILITY, LANGUAGE PROFIENCY OR NATIONAL ORIGIN, HAS AN OPPORTUNITY TO DEVELOP ACCORDING TO HIS OR HER ABILITIES WITHOUT LIMITATIONS. Action: 1. Encourage the hiring of citizens with disabilities. 2. Build ties with local developmental disability organizations and serve as an informational resource for the services they provide. 3. Work with local employers such as Creekstone Farms Premium Beef to address issues for residents from different nationalities. GOAL ACT AS AN AGENCY WITH RESPONSIBILITY OF ANALYZING THE DEPTH AND SCOPE OF COMMUNITY PROBLEMS IN THE GENERAL AREAS OF COMMUNITY INVOLVEMENT AND COMMUNICATIONS, ACCESSIBILITY, EDUCATION, ECONOMIC OPPORTUNITY, RECREATION, RACIAL INEQUALITY, AND CONCERNS OF YOUTH. Action: 1. Encourage the funding and administration of a comprehensive community survey, conducted in as rigorous a scientific manner as feasible. 2. Encourage youth outreach efforts, including the planning of events to incorporate Cowley College students and other youth into larger community. 3. Encourage the development of more public transportation options.

128 GOAL PRESENT COMMUNITY PROBLEMS TO THE APPROPRIATE ELECTED OR APPOINTED OFFICIALS, OR THE KANSAS HUMAN RIGHTS COMMISSION OR OTHER APPROPRIATE LOCAL OR STATE AGENCY, AND ASK THAT SUCH PROBLEMS BE EXAMINED AND THAT THE BOARD BE ADVISED OF ANY ACTIONS TAKEN. Action: 1. Recommend change to language of goal to City Commission (ordinance). 2. Develop a resource brochure that advises citizens of their rights and encourages them to bring concerns or complaints to this Board, which then can pass them along to or connect with the appropriate agency. 3. Develop a form letter to use to present community problems to agencies. GOAL ACT AS A CLEARINGHOUSE FOR COMMUNITY CONCERNS. Action: 1. Recommend elimination of goal language to City Commission (ordinance). GOAL ENLIST THE RESOURCES OF INDIVIDUALS AND GROUPS TOWARD THE IMPROVEMENT OF INTERGROUP RELATIONS, AND ENCOURAGE COMMUNITY SUPPORT AND UNDERSTANDING BY THE GENERAL PUBLIC OF THE BOARD S CONCERNS. Action: 1. Recommend change to language of goal to City Commission (ordinance). 2. Invite elected officials to attend Board meetings and discuss concerns. 3. Develop a resource brochure that reaches out to growing Latino community. GOAL SUPPORT LEGISLATION, WHERE APPROPRIATE, THAT IS DESIGNED TO REDUCE OR ELIMINATE DISCRIMINATORY PRACTICES AND GROUP OR INDIVIDUAL PREJUDICES. Action: 1. Recommend change to language of goal to City Commission (ordinance). 2. Invite elected legislators to attend Board meetings and discuss concerns. 3. Work individually with Mosaic and other CDDO providers to advocate state and federal legislative causes by joining Mosaic Allied Voices (MAV).

129 GOAL ADVISE AND MAKE RECOMMENDATIONS TO THE CITY COMMISSION ON MATTERS RELATED TO ACCESSIBILITY THAT ARE REFERRED TO THE BOARD. Action: 1. Develop a resource brochure that advises citizens of their rights and encourages them to bring concerns or complaints to this Board, which then can pass them along to or connect with the appropriate agency. 2. Develop form letter to use to present community problems to agencies. 3. Develop a sidewalk and pavement analysis plan to assist with the prioritization of sidewalk replacement and/or extension projects. GOAL EVALUATE PUBLIC PROJECTS AND ACTIVITIES, REVIEW PLANS FOR CITY CONSTRUCTION PROJECTS WITH POTENTIAL ACCESSIBILITY ISSUES PRIOR TO IMPLEMENTATION, AND ADVISE CITY STAFF ON MATTERS RELATED TO ACCESSIBILITY. Action: 1. Recommend change to language of goal to City Commission (ordinance). 2. Receive regular reports from the Neighborhood Services Division regarding private projects. 3. Offer input on all new public construction projects, especially City projects. GOAL PROVIDE TECHNICAL ASSISTANCE TO THE CITY ON MATTERS RELATED TO THE DISABLED POPULATION AND SERVE AS AN ADVOCATE FOR CITIZENS WITH DISABILITIES. Action: 1. Recommend change to language of goal to City Commission (ordinance). 2. Develop a resource brochure that advises citizens of their rights and encourages them to bring concerns or complaints to this Board, which then can pass them along to or connect with the appropriate agency. GOAL REVIEW CITY PLANS FOR CONSTRUCTION PROJECTS WITH POTENTIAL ACCESSIBILITY ISSUES PRIOR TO IMPLEMENTATION. Action: 1. Recommend elimination of goal language to City Commission (ordinance).

130 GOAL SERVE AS AN ADVOCATE FOR CITIZENS WITH DISABILITIES. Action: 1. Recommend elimination of goal language to City Commission (ordinance). GOAL SERVE AS A RESOURCE ON POLICY AND/OR PROCEDURE FOR MEMBERS OF THE CITY COMMISSION AND FOR CITY STAFF. Action: 1. Review and make recommendations for revisions to relevant staff policies. 2. Review and make recommendations for revisions to the Arkansas City Governing Body Handbook on an annual or biannual basis. 3. Research and review any existing City of Arkansas City accessibility or equal opportunity policies that affect citizens as a whole, rather than staff. GOAL REVIEW FEDERAL AND STATE REGULATIONS AND GUIDELINES ON ACCESSIBILITY, AND REPORT FINDINGS TO THE APPROPRIATE CITY DEPARTMENT, DIVISION OR BODY. Action: 1. Recommend change to language of goal to City Commission (ordinance). 2. Review ADA Transition Plan on a monthly basis in 2018, and make recommendations for its revision and implementation to City Commission. 3. Work with local legislators and state officials to research applicable state regulations concerning accessibility and equal opportunity requirements. 4. Work with legislators and federal officials to research applicable federal regulations concerning accessibility and equal opportunity requirements. GOAL REVIEW AND REVISE THE CITY S AMERICAN WITH DISABILITIES ACT (ADA) TRANSITION PLAN AS NEEDED AND MAKE RECOMMENDATIONS FOR ITS IMPLEMENTATION. Action: 1. Review ADA Transition Plan on a monthly basis in 2018, and make recommendations for its revision and implementation to City Commission. 2. Review Guidance on the 2010 ADA Standards for Accessible Design on a monthly or topical basis to become more familiar with its requirements.

131 DIVISION 4. - EQUAL OPPORTUNITY AND ACCESSIBILITY ADVISORY BOARD Sec Creation and membership. (a) The equal opportunity and accessibility advisory board shall consist of no less than five and no more than seven voting members. Members shall serve terms of three years. (b) The members of the equal opportunity and accessibility advisory board shall be drawn from diverse segments of the public, and selected for their objectivity, ability and broad community interest. Membership shall at all times include no less than two members with a disability, or who are relatives or primary caretakers of persons with disabilities. Those with experience in working with the disabled or with expertise in accessibility issues will be given preference for appointment. Sec Duties of chairperson. The chairperson, or the vice chairperson in the absence of the chairperson, is responsible for the appointment of appropriate committees, and the preparation of an annual report to be presented to the board of city commissioners regarding the activities and concerns of the board. Sec Purpose and duties. The equal opportunity and accessibility advisory board shall ensure the benefits of the Americans with Disabilities Act and Title VI of the Civil Rights Act to citizens of the city. The board shall act in an advisory capacity as a clearinghouse for community concerns as outlined in this division and its duties shall be as follow: (1) To help to preserve and further the good name of the city by fostering and promoting amicable relations among individual citizens and various groups of citizens in the city and its environs; (2) To help to ensure that each citizen, regardless of race, religion, color, age, sex, disability, language proficiency or national origin, has an opportunity to develop according to his or her abilities without limitations; (3) To act as an agency with the responsibility of analyzing the depth and scope of community problems in the general areas of community involvement and communications, accessibility, education, economic opportunity, recreation, racial inequality, and concerns of the youth; (4) To present such community problems to the appropriate elected or appointed officials, or the appropriate civic groups, businesses or union representativeskansas Human Rights Commission or other appropriate local or state agency, and to ask that such problems be examined and that the board be advised of any actions taken; (5) To make certain that the intention of the board is not to defuse the political responsibility of elected or appointed officials, but to act as a clearinghouse for community concerns as outlined in this division;

132 (65) To enlist and encourage the resources of individuals and groups toward the improvement of intergroup relations, and encourage community support and understanding by the general public of the board s concerns; (76) To encourage community support and understanding by the general public of the board s concerns and, where appropriate, support legislation, where appropriate, that is designed to reduce or eliminate discriminatory practices and group or individual prejudices; (87) To advise and make recommendations to the board of city commissioners on such matters related to accessibility as, from time to time, may be referred to the board; Formatted: Indent: Left: 0", Hanging: 0.44" Formatted: Not Highlight (98) To evaluate public projects and activities, review plans for city construction projects with potential accessibility issues prior to implementation both public and private, and to advise city staff on matters related to accessibility; (109) To provide technical assistance to the city on matters related to the disabled population and serve as an advocate for citizens with disabilities; (11) To review city plans for construction projects with potential accessibility issues prior to implementation; (12) To serve as an advocate for citizens with disabilities; (1310) To serve as a resource on policy and/or procedure for members of the board of city commissioners and for city staff; Formatted: Not Highlight (1411) To review federal and state regulations and guidelines on accessibility, and to report its findings to the appropriate city department, division or bodyboard; and (1512) To review and revise the city s American with Disabilities Act Transition Plan as needed and make recommendations for its implementation.

133 Item for City Commission Action Section VII Item 9 Meeting Date 12/19/2017 Department/Division City Manager Staff Contacts Andrew Lawson / Lesley Shook Title: Ratify Mayor Dan Jurkovich s appointments to the Convention and Visitors Bureau Board of Directors and the Arkansas City Recreation Commission. Description: The Convention and Visitors Bureau (CVB) Board of Directors has term cycles that expire on January 1 of each year. Each board member serves a staggered term of three (3) years. Liz Shepard has been an at-large representative on the CVB Board since at least July The Board recommends reappointing her to a fourth term expiring Jan. 1, But there are two other standing applicants for this position if the mayor and commission wish to have some new blood on the Board. Those applicants are JoAnn Bierle, who currently serves on the Equal Opportunity and Accessibility Advisory Board and the Community Spirit Award Committee she would have to resign from one of those boards if appointed to the CVB Board and Jerry Campbell, who recently was appointed to the Retired Citizens Advisory Council. Both of their applications are included in this agenda packet. Meanwhile, on the Arkansas City Recreation Commission, Mark McGuigan has submitted his resignation effective December 13, thus creating a new vacancy for a City representative to the board. This is the seat previously vacated by Michelle Dykes. Prior to that, it was held by Mike Dobson, who remains interested in being reappointed to the Commission. Zack Graber also has applied for this seat. A list of all board vacancies, staff and Board recommendations for reappointments, and applications for CVB Board and Rec Commission positions are attached to this item for the commission s consideration. Commission Options: 1. Approve the appointments. Fiscal Impact: Amount: N/A Fund: Department: Expense Code: Included in budget Grant Bonds Other (explain) Approved for Agenda by: City Manager

134 Andrew Lawson From: Sent: To: Subject: Follow Up Flag: Flag Status: Mark McGuigan Wednesday, December 13, :36 PM Andrew Lawson Rec Board Follow up Completed Andrew, I have spoken to Charlie Tweedy as he was my initial contact. He asked me to communicate with you. Due to a combination of work demands and some challenges with my parents, I am unable to serve on the ACRC board. Although the time demand is not great, I need to simplify and reduce my commitments. Perhaps sometime in the future the situation will be more conducive. Contact me if you require further information. Mark McGuigan Sent from my iphone 1

135 Board Vacancies as of December 13, 2017 Board/Commission/Committee/Council Beautification and Tree Advisory Board 1 Vacancy Community Spirit Award Committee 2-4 Vacancies Convention and Visitors Bureau Board of Directors at-large position (not vacant) Cowley County Council on Aging 1 Vacancy Equal Opportunity and Accessibility Advisory Board Northwest Community Center Advisory Board Planning Commission (3-Mile Growth Area) Board Recommendations Liz Shepard Applications Received / Interest Expressed Accepting applications Accepting applications JoAnn Bierle, Jerry Campbell Accepting applications Joaquin Retana, Daniel Yocum Wesley Bradford Ron Slaven Recreation Commission (City Representative) Mike Dobson Zack Graber * Mayor s Recommendation Potential Upcoming Reappointments Board/Commission/Committee/Council Member(s) / Term Expiration Date Notes South Central Kansas Medical Center Board of Trustees Dr. Perry Lin / December 31, 2017 Chief of Staff (appointed by hospital medical staff) Beautification and Tree Advisory Board Jill Wineinger / January 1, 2018 Serves as vice chair Equal Opportunity and Accessibility Advisory Board Convention and Visitors Bureau Board of Directors Robert Baker / January 1, 2018 Liz Shepard / January 1, 2018 Sara Williams / January 1, 2018 Charles Tweedy III / January 8, 2018 Member with disability At Large Hotel Operator City Commissioner (elected term expiring)

136 Applications Received / No Current Vacancies Name Michael Bergagnini Interest in serving on: South Central Kansas Medical Center Board of Trustees JoAnn Bierle Convention and Visitors Bureau Board of Directors Jerry Campbell Convention and Visitors Bureau Board of Directors Mike Dobson Arkansas City Recreation Commission Dale Eggen Planning Commission / Board of Zoning Appeals Zach Graber Arkansas City Recreation Commission Dr. Mauricio Herrera South Central Kansas Medical Center Board of Trustees Carol House Outstanding Young Student Award Committee Ted Kadau Derek Koller Building Trades Advisory Board Planning Commission / Board of Zoning Appeals South Central Kansas Medical Center Board of Trustees Mell Kuhn Sue Lancaster Planning Commission / Board of Zoning Appeals South Central Kansas Medical Center Board of Trustees Planning Commission / Board of Zoning Appeals Dr. John Seitz South Central Kansas Medical Center Board of Trustees Michael Taylor Building Trades Advisory Board Jill Wineinger Planning Commission / Board of Zoning Appeals

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139 City Boards/Commissions/Councils/Committees Volunteer Form Name: Phone: Alternative Phone: MiCtfA^L^^) a^l>5bicyj Home Address: VS^aknv^ Uo*^; (UvC^-f,^fe>. Employment: "^^fc- fr***" j*>*%>**** - Job Title: ±G*&<rc / qvqi*ek Years Lived in Arkansas City: ^&V Community and Professional Activities/Associations/Honors/Organizations: S^H^-^ Previous Civic Experience (please list any appointed or elected positions you have held in the past): Appointment(s) you are applyingfor [please indicate your choice(s) when a vacancy occurs, you will be contacted]: ACPL (Public Library) Board of Trustees Q Beautification and Tree Advisory Board Building Trades Advisory Board* Q I City Commission (only if vacancy occurs) I \/ Convention and Tourism Committee Equal Opportunity & Accessibility Board Historic Preservation Board *Profes$ional certifications required call (620) or (620) for more information I I Northwest Community Center Board Outstanding Young Student Committee Planning Commission / Board of Zoning Public Building Commission Recreation Commission Retired Citizens Advisory Council SCKMC (Hospital) Board of Trustees Pleaseindicate why you are interested in serving and what skills you might contribute: ^VWt tcw/v *5(>oo\ ir»^i*-* So+yoa^j g Hooc* u=a<^) _ ca^uu^ q&*a^ N> c_a»cgg>a» J2«^ Signature: Date: 6-** - H ~Applicants must be appointed by the Mayor with the consent of the City Commission^ Mail/Deliver to: Lesley Shook, City Clerk OR Andrew Lawson, Public InformationOfficer City of Arkansas City 118 W. Central Ave. Arkansas City, KS Or you can to: lshook@arkansascityks.gov or alawson@arkansascityks.gov

140 City Boards /Commissions/Councils/Committees Volunteer Form Name: %MM G^^OCr Phone: Alternat Home Address: UOI f\/ 11^ /VkOtHj Employment &JA (Ar\StYl\ (J1 Qj Job Title: K\K^J\ Y&-OndiX\f- Lived in Arkansas City: fj Community and Professional Activities/Associations/Honors/Organizations:. USMh Sjmtt (JWix \niumin(a+j\adm bonnd. rural ^1vio1~ bqflad wmytw^, QrkMaJc\.h Jxun^vt ChmYVwrtki, Previous Civic Experience (please list any appointed or elected positions you have held in the past): ^JO Appointment(s) you are applying for [please indicate your choice(s) whena vacancy occurs, you will be contacted]: I ACPL (Public Library) Board oftrustees Q] I Beaurification and Tree Advisory Board \Z\ I Building Trades Advisory Board* Q City Commission (only if vacancy occurs) Q Convention and Tourism Committee Equal Opportunity &Accessibility Board O I Historic Preservation Board I I ^Professional certifications required call (620) or (620) for moreinformation Please indicate why you are interested inserving and what skills you might contribute: I iy\jjfllr JfaxA is cm ^^rnyihpo^tllivi with V) -tinlutu M)A\tU of Ark-afy. -\y\at 32E nuflflsus^jflj/znijbn ptufh and -ruin Signature: Q J^in^^ ^ [yl Northwest Community Center Board Outstanding Young Student Committee Planning Commission / Board of Zoning Public Building Commission Recreation Commission Retired Citizens Advisory Council SCKMC (Hospital) Board of Trustees III ls \ntv yi/bn/llrsftd toaja/fllf -jfirlc&s I Date:_^2 ~Applic^njs must be appointed by the Mayor with the consent of the City Commission' Mail/Deliver to: Lesley Shook, City Clerk OR Andrew Lawson, Public Information Officer City of Arkansas City 118 W. Central Ave. Arkansas City, KS Or you can to: lshook@arkansascityks.gov or alawson@arkansascityks.gov ^h CjdV^O

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142 2018 Calendar Paydays and City Holidays January February March Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa April May June Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa July August September Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa October November December Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa City Holidays Jan 1 New Year's Day Jul 4 Independence Day Nov 22 Thanksgiving Day May 28 Memorial Day Sep 3 Labor Day Nov 23 Friday after Thanksgiving Nov 12 Veterans Day (observed) Dec 24 Christmas Eve (Floating) Dec 25 Christmas Day Pay Days

143 2018 City Commission of Arkansas City Meetings JANUARY FEBRUARY MARCH S M T W T F S S M T W T F S S M T W T F S APRIL MAY JUNE S M T W T F S S M T W T F S S M T W T F S JULY AUGUST SEPTEMBER S M T W T F S S M T W T F S S M T W T F S OCTOBER NOVEMBER DECEMBER S M T W T F S S M T W T F S S M T W T F S KEY: 1st meeting of month 2nd meeting of month (South Central Kansas Medical Center report) Special: Land Bank Board of Trustees / Public Building Commission Swearing-in/reorganization (due to new Kansas statute) Cancel meeting if no business? (due to July 4 holiday) National Night Out (traditionally a light agenda)

144 Item for City Commission Action Section IX Item 1 Meeting Date 12/19/2017 Department/Division City Manager Staff Contacts Lesley Shook / Andrew Lawson Title: City Advisory Board Reports Description: The following approved board minutes are included in this packet: Sept. 25 Historic Preservation Board Oct. 26 Beautification and Tree Advisory Board Nov. 9 Convention and Visitors Bureau Board of Directors Nov. 13 Historic Preservation Board (Downtown Historic District survey public forum) Nov. 13 Arkansas City Public Library Board of Trustees Nov. 16 Equal Opportunity and Accessibility Advisory Board Commission Options: 1. No action needed. Fiscal Impact: Amount: N/A Fund: Department: Expense Code: Included in budget Grant Bonds Other (explain) Approved for Agenda by: City Manager