City of Arkansas City Board of City Commissioners Agenda

City of Arkansas City Board of City Commissioners Agenda Regular Meeting Tuesday, January 22, 2013 @ 5:30 PM City Commission Room, City Building 118 W. Central Arkansas City, Ks I. Routine Business 1. Roll Call 2. Opening Prayer and Pledge of Allegiance 3. Additions or Deletions to the Agenda 4. Approval of the Agenda (Voice Vote) 5. Recognition of Visitors II. Awards and Proclamations 1. National Night Out award presented to the Arkansas City Police Department III. Consent Agenda (Voice Vote) 1. Approval of January 8, 2013 regular Meeting minutes as written. 2. Mayors Appointments: a. Lance Niles Outstanding Young Student Award Committee IV. Old Business V. New Business 1. Consider Resolution setting a public hearing to determine status of potential dangerous structure located at 728 S. 2nd Street. (Voice vote). 2. First Reading of an Ordinance adopting the budgeted pay plan for 2013 and repealing Ordinance 2012-08-4306 (Roll Call Vote) 3. Consider Resolution adopting the Arkansas City Commission Governance Policy and Rules of Procedure. (Voice Vote) 4. Consider Resolution authorizing the sale of real estate between Cohen-Esrey Affordable Partners, LLC and the City of Arkansas City. (Voice Vote) VI. Other Business VII. City Manager Updates 1. Emergency Dispatch Consolidation 2. Kansas Public Water Supply Loan Fund see attachment 3. 2013 City Commission Filings as of 1/16/2013 - Chad Giles, Patrick McDonald, and Jay Warren Adjournment

Date 1/22/2013 Item for City Commission Action Section III Item 1 Citizen/Agency Contact Department/Division Finance Department/City Clerk Staff Contact Lesley Shook Consent Agenda Item - Approval of minutes from January 8, 2013 Arkansas Details City Commission Meeting. Description Please see attached Commission Options 1. Approve the minutes Recommended by Staff 1 Advisory Board Fiscal Impact: Amount: N/A Fund: Department: Expense Code: Included in budget Grant Bonds Other (explain) Approved for Agenda by: SIGNATURE

Arkansas City Commission Meeting Minutes The Arkansas City Board of City Commissioners met in regular session on Tuesday January 8, 2013 at 5:30 p.m. in the Commission Chambers at City Hall. Those present at roll call were Mayor Tweedy III, Commissioners Giles, McDonald, Snell, and Warren. Also present at roll call were City Manager Nick Hernandez, City Attorney Tamara Niles, Management Intern Taggart Wall, Finance Director Kathy Cornwell, Public Works Director Eric Broce, Asst. Public Works Director Clay Randel, and City Clerk Lesley Shook. Commissioner Warren offered the opening prayer. Mayor Tweedy III led the pledge of allegiance. Approval of Agenda- Commissioner McDonald moved to approve the agenda. Commissioner Warren seconded the motion. Voice vote was unanimous in favor of the motion. Mayor Tweedy III declared the agenda approved. Recognition of Visitors - Consent Agenda Motion by Commissioner McDonald and seconded by Commissioner Snell to approve the consent agenda. Voice vote was unanimous in favor of the motion. Mayor Tweedy III declared the consent agenda approved. 1. Approval of December 18, 2012 regular meeting minutes as written. 2. Approval of December 28, 2012 special meeting minutes as written Old Business Charter Ordinance No. 27 Exempting City from KSA 14-1305 Appointment of Resigned Elected Public Officials Mayor Tweedy III presented for second reading a Charter Ordinance exempting the City from KSA 14-1305 relating to the appointment of resigned elected public officials. City Manager Hernandez noted the changes made from the original ordinance were minor but still stated 20 days from the occurrence of the vacancy until the appointment must be made, office would be held until the next regular city election, and the city attorney shall cast the decisive vote. Following discussion, Commissioner Warren moved to approve Charter Ordinance No. 27 exempt the city from KSA 14-1305 relating to the appointment of resigned elected public officials. Commissioner Snell seconded the motion. Roll call vote was unanimous in favor of the motion. Mayor Tweedy III declared the charter ordinance adopted and given Charter Ordinance No. 27. January 8, 2013 Page 1

Arkansas City Commission Meeting Minutes New Business Cowley College Purchase Agreement 1826 S. Summit Street Resolution No. 2013-01-2798 City Clerk Shook presented a resolution authorizing a purchase agreement with Cowley County Community College to transfer property located at 1826 S. Summit Street. City Manager Hernandez noted this resolution will finalize the agreement with the actual legal description of the property. He noted the college is ready to go to bid for the demolition of the structure located on the property. Following discussion, Commissioner McDonald moved to approve the resolution authorizing a purchase agreement with Cowley County Community College to transfer property located at 1826 S. Summit Street. Commissioner Giles seconded the motion. Voice vote was unanimous in favor of the motion. Mayor Tweedy III declared the resolution adopted and given Resolution No. 2013-01-2798. Interlocal Agreement Winfield/Humane Society Ordinance No. 2013-01-4325 City Clerk Shook presented an Ordinance authorizing an Interlocal Agreement with the City, the City of Winfield, Kansas and the Cowley County Humane Society for the operation of the Cowley County Animal Shelter. City Manager Hernandez noted this agreement is for $30,000 to be given to the Cowley County Humane Society as a 5 year agreement; $28,000 for operations and $2,000 for capital improvements. He noted the debt service on the building is currently paid off. This will be a shared agreement with the City of Winfield. Following discussion, Commissioner McDonald moved to approve the Ordinance authorizing an Interlocal Agreement with the City, the City of Winfield, Kansas and the Cowley County Humane Society for the operation of the Cowley County Animal Shelter. Commissioner Warren seconded the motion. Roll Call Vote was unanimous in favor of the motion. Mayor Tweedy III declared the ordinance adopted and given Ordinance No. 2013-01-4325. Service /Operation Agreement County Animal Shelter Resolution No. 2013-01-2799 City Clerk Shook presented a Resolution authorizing a service agreement between the City and the Cowley County Humane Society for the operation of the Cowley County Animal Shelter. Following discussion, Commissioner McDonald moved to approve the resolution authorizing a service agreement between the City and the Cowley County Humane Society for the operation of the Cowley County Animal Shelter. Commissioner Warren seconded the motion. Voice vote was vote was unanimous in favor of the motion. Mayor Tweedy III declared the resolution adopted and given Resolution No. 2013-01-2799 January 8, 2013 Page 2

Arkansas City Commission Meeting Minutes GAAP waiver 2013 Fiscal Year Resolution No. 2013-01-2800 City Clerk Shook presented a Resolution authorizing the City to execute a GAAP waiver for the 2013 fiscal year. Finance Director Kathy Cornwell noted the GAAP waiver basically allows the city to report the financial statements on a statutory basis which monitors our budget and cash basis as opposed to a full GAAP requirement that most business must comply with. The waiver will need to be approved on a yearly basis. Following discussion, Commissioner Snell moved to approve the resolution authorizing the city to execute a GAAP waiver for the 2013 fiscal year. Commissioner Warren seconded the motion. Voice vote was vote was unanimous in favor of the motion. Mayor Tweedy III declared the resolution adopted and given Resolution No. 2013-01-2800. Authorizing Signers City Bank Accounts Resolution No. 2013-01-2801 City Clerk Shook presented a resolution authorizing Nickolas Hernandez, Jennifer Waggoner, and Lesley Shook to act as authorized signers on City bank accounts. City Manager Hernandez noted this is a housekeeping item to authorize the newly appointed City Treasurer Jennifer Waggoner to all City bank accounts. Following discussion, Commissioner McDonald moved to approve a resolution authorizing Nickolas Hernandez, Jennifer Waggoner, and Lesley Shook to act as authorized signers on City bank accounts. Commissioner Snell seconded the motion. Voice vote was vote was unanimous in favor of the motion. Mayor Tweedy III declared the resolution adopted and given Resolution No. 2013-01-2801. Other Business City Manager Updates City Manager Hernandez noted he would like to start initial discussions with the commission on the new water treatment plant, give an update, and get guidance from the commission so the process can move forward. A meeting is scheduled with the consultant to discuss the scope of the contract and try focus on the areas and how to proceed. When requests for qualifications were sent out, there were 9 engineering firms that submitted qualification statements. Of those 9, 4 were selected for interview, and of the 4 interviewed there is 1 firm that the city is currently in negotiations with. It is the intent of the City to take the broadest approach possible for a plant to last the next 40 to 60 years. Currently Creekstone Farms discharges one million gallons of treated water a day into the Ark River. Their discharge permit is coming up for renewal in 2013, which makes this a good opportunity to partner together to possibly utilizing their treated water for other purposes. Another portion of the study would look at revitalizing the southern portion of town by potentially designing the building that is functional but also aesthetically pleasing. Long term the City Manager would like to see a January 8, 2013 Page 3

Arkansas City Commission Meeting Minutes consolidated public works facilities with the outlying building used for other functions. The Bryant Shop could possibly become a substation for the fire department. Another possibility for the new facility could be one location that citizens could go to take care of all their needs by housing city hall departments in the building. The current City Hall building is approaching 100 years old, with only one major renovation done back in the 90 s. Currently there are accessibility issues with the building, especially the elevator, and repairs are becoming costly. First and foremost cost is the main issue and would it be more feasible to add on to the new water treatment plant for city hall or renovate the current city hall. City Manager Hernandez noted he could have the consultant look at both options. City Manager Hernandez asked the commission for guidance as to what the commission would like him to look at or focus on when discussing the options. Commissioner Snell brought up the possibility of providing water to other communities. City Manager Hernandez noted the project will be financed through revenue bonds or the state revolving loan fund. Potentially, if the project were to be expanded into a public works type facility, the various utility funds could possibly be used. Following further discussion, the commission directed the City Manager to look at the whole picture and also explore the cost options of renovating the current city hall versus moving city hall to the new water treatment plant facility. Adjournment Commissioner Warren moved to adjourn. Commissioner Giles seconded the motion. Voice vote was unanimous in favor of the motion. Mayor Tweedy III declared the meeting adjourned. THE ARKANSAS CITY BOARD OF CITY COMMISSIONERS Mayor Charles Tweedy III ATTEST: Lesley Shook City Clerk January 8, 2013 Page 4

Date 1/22/2013 Item for City Commission Action Section III Item 2 Citizen/Agency Contact Department/Division Mayor's Office Staff Contact Charles Tweedy III Details Consent Agenda Item - Mayors Appointments Description The mayor will recommend the following appointments: - Lance Niles, Outstanding Young Student Award Committee Commission Options 1. Approve the appointments Recommended by Staff 1 Advisory Board Fiscal Impact: Amount: N/A Fund: Department: Expense Code: Included in budget Grant Bonds Other (explain) Approved for Agenda by: SIGNATURE

Date 1/22/2013 Item for City Commission Action Section V Item 1 Citizen/Agency Contact Department/Division Neighborhood Services Public Works Staff Contact Matt Rowland Consider Resolution setting a public hearing to determine status of potential Details dangerous structure located at 728 S. 2 nd Street (Voice Vote) Description Fire occurred at structure on 11-30-2012. Insurance Company has determined a total loss and forwarded 15% of claim to the City. ($2,038.80) We are required to start Dangerous Structure proceedure or return monies to insured. There has been no clean up or demolition started. These funds may be necessary to bring property into compliance. Commission Options Recommended by Staff yes Advisory Board Fiscal Impact: Amount: Fund: Department: Expense Code: Included in budget Grant Bonds Other (explain) Approved for Agenda by: SIGNATURE

(Published in the Arkansas City Traveler, on and ). RESOLUTION NO. 2013-01- A RESOLUTION ESTABLISHING A TIME AND PLACE AND PROVIDING FOR NOTICE OF A HEARING BEFORE THE GOVERNING BODY OF THE CITY OF ARKANSAS CITY, KANSAS, AT WHICH TIME THE OWNERS, AGENTS, LIENHOLDERS OF RECORD AND OCCUPANTS OF THE STRUCTURE(S) (IF APPLICABLE) HEREINAFTER LISTED AT THEIR RESPECTIVE LOCATIONS IN SAID CITY, MAY APPEAR AND SHOW CAUSE WHY SUCH STRUCTURE SHOULD NOT BE CONDEMNED AND ORDERED REPAIRED, SHORED OR OTHERWISE MADE SAFE OR IN THE ALTERNATIVE, DEMOLISHED AS UNSAFE OR DANGEROUS STRUCTURES. WHEREAS, the Enforcing Officer of the City of Arkansas City, Kansas, did, on or about the 22 nd day of January, 2013, file with the Governing Body of the City of Arkansas City a statement in writing that the structures hereinafter described constitute an unsafe or dangerous structure. NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF ARKANSAS CITY, KANSAS: SECTION ONE: A hearing will be held on the 5 th day of March, 2013, before the Governing Body of the City at 5:30 o'clock P. M. in the Commission Chambers of the City Building, 118 West Central Avenue, Arkansas City, Kansas at which time owners, agents, Lienholders of record and any occupants of the hereinafter listed structure(s) may appear and show cause why such structure should not be condemned as unsafe or dangerous and ordered repaired, shored or otherwise made safe or in the alternative, demolished as an unsafe structure. Reasonable accommodations will be made available to persons with disabilities. Requests for accommodations should be submitted to the City Manager no later than five days prior to the date of the hearing. SECTION TWO: The following described structures shall be considered at said hearing: Parcel 1: Main Fire Damaged Structure located at 728 S. 2 nd Kansas, and legally described as, to-wit: Street. Arkansas City, Cowley County, Lots 11 through 17, inclusive, Block 13, Park Place Addition to Arkansas City, Cowley County, Kansas, except railroad right of way. Record Owner(s): Record Lienholder(s): Ryan F. Bohannon Erin M. Bohannon P.O. Box 2 South Haven, KS 67140 Cowley County Treasurer, Unpaid Taxes SECTION THREE: Be it further resolved that the City Clerk shall cause this Resolution to be published once each week for two consecutive weeks and at least thirty (30) days shall elapse between the LAST PUBLICATION and the date set for hearing, and the City Clerk is further directed to mail a copy of said Resolution by certified mail within three (3) days after the FIRST PUBLICATION to each such owner, agent, Lienholder or occupant at his/her/its last known place of residence and marked "Deliver to Addressee Only" as provided by K.S.A. 12-1752 and all acts amendatory thereof or supplemental thereto.

PASSED AND RESOLVED by the Governing Body of the City of Arkansas City, Kansas this 22 nd day of January, 2013 with City Officials being 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. ATTEST: Charles Tweedy III, 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. 2013-01 of the City of Arkansas City, Kansas adopted by the governing body on January 22, 2013 as the same appears of record in my office. DATED: Lesley Shook, Clerk

Date 1/22/2013 Item for City Commission Action Section V Item 2 Citizen/Agency Contact Department/Division Human Resources Staff Contact Marla McFarland First Reading of an Ordinance adopting the budgeted pay plan for 2013 and Details repealing Ordinance 2012-08-4306 (Roll Call Vote) Description Remove Sanitation Driver Job Title (Range 18). This decision has been made so as to encourage cross training and fluidity in the Public Services Division of the Public Works Department. This will allow all qualified Public Services Maintenance Workers the opportunity to drive sanitation vehicles as well as work sanitation routes in addition to other Public Services activities. Commission Options 1. Approve the Ordinance on First Read 2. Disapprove the Ordinance 3. Table the Ordinance for Further Review Recommended by Staff 1 Advisory Board Fiscal Impact: Amount: Fund: Department: Expense Code: Included in budget Grant Bonds Other (explain) Approved for Agenda by: SIGNATURE

(First Published in the Arkansas City Traveler, ) ORDINANCE NO. 2013-01 AN ORDINANCE FIXING THE COMPENSATION OF EMPLOYEES OF THE CITY OF ARKANSAS CITY, KANSAS, PURSUANT TO THE PROVISION OF SECTION 12-1001 ET. SEQ OF THE KANSAS STATUTES ANNOTATED AND REPEALING ORDINANCE 2012-08-4306. 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. 2012-08-4306, and 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 - P/T 23 Museum Director Clerk - P/T Records/Communications Supervisor Director of Northwest Community Center (NWCC) & Hogan Master Police Officer (MPO) Horticulturalist - P/T Emergency Management Coordinator - P/T Cook - P/T Public Services Supervisor Driver - P/T Parks and Facilities Supervisor Kitchen Helper - P/T 24 Director of Senior Services 12 Head Cook - P/T Water Distribution & Collection Supervisor 13 Meter Reader 25 Police Sergeant Water Treatment Plant Supervisor 15 Municipal Court Clerk Wastewater Treatment Plant Supervisor Account Clerk Nuisance Abatement Inspector - P/T 26 Municipal Court Manager 16 Maintenance Custodian 27 Geographic Information Systems (GIS) Technician/Planner Public Services Maintenance Worker (MW) Police Lieutenant Parks & Facilities Maintenance Worker (MW) Detective Lieutenant 17 Administrative Assistant 28 City Clerk Police Service Officer (PSO) City Treasurer 18 Water Treatment Plant Operator (OP) 29 Information Technology (IT) Manager Wastewater Treatment Plant Operator (OP) Emergency Medical Services (EMS) Director Distribution & Collection Maintenance Worker (MW) Sanitation Lead 31 Public Services Superintendent Police Captain 18 Street/Storm Water Lead 31 Neighborhood Services Superintendent Parks & Facilities Lead

32 Environmental Services Superintendent 19 Sexton Parks & Facilities Director Water Treatment Plant Lead Water Distribution Lead 34 Human Resource Manager Wastewater Collection Lead 37 Police Chief 20 Combination Inspector Fire/Emergency Medical Services (EMS) Chief Electrician Finance Director 21 Police Officer 38 Assistant Public Works Director Management Intern Accountant 40 Public Works Director/City Engineer Use the ranges below for FD/EMS employees working 2920 hours annually (24 hour shifts) 20F Firefighter/Emergency Medical Technician (FF/EMT) 26F 27F 28F Firefighter/Paramedic (FF/PARA) Fire/Emergency Medical Services (EMS) Lieutenant Fire/Emergency Medical Services (EMS) Captain Use the ranges below for PD employees working 2184 hours annually (12 hour shifts) 18P Dispatcher 18P Relief Dispatcher - P/T 19P Dispatch Supervisor Range Minimum Mid-Point Maximum 10 8.48 9.98 11.48 11 8.91 10.48 12.05 12 9.35 11.00 12.65 13 9.82 11.55 13.29 14 10.31 12.13 13.95 15 10.83 12.74 14.65 16 11.37 13.37 15.38 17 11.94 14.04 16.15 18 12.53 14.75 16.96 19 13.16 15.48 17.80 20 13.82 16.26 18.69 21 14.51 17.07 19.63 22 15.23 17.92 20.61 23 16.00 18.82 21.64 24 16.80 19.76 22.72 25 17.64 20.75 23.86 26 18.52 21.79 25.05 27 19.44 22.87 26.31 28 20.42 24.02 27.62 29 21.44 25.22 29.00 30 22.51 26.48 30.45 31 23.63 27.80 31.97 32 24.81 29.19 33.57 Range Minimum Mid-Point Maximum 33 26.06 30.65 35.25 34 27.36 32.19 37.01 35 28.73 33.80 38.87

36 30.16 35.49 40.81 37 31.67 37.26 42.85 38 33.25 39.12 44.99 39 34.92 41.08 47.24 40 36.66 43.13 49.60 41 38.50 45.29 52.08 Use this chart for FD/EMS employees working 2920 hours annually (24 hour shifts) 20F 9.84 11.58 13.31 26F 13.18 15.51 17.83 27F 13.84 16.28 18.73 28F 14.54 17.10 19.67 Use this chart for PD employees working 2184 hours annually (12 hour shifts) 18P 11.93 14.04 16.14 19P 12.52 14.73 16.94 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 upon publication. PASSED AND ADOPTED THIS 22nd day of January, 2013. ATTEST: Charles Tweedy III, Mayor Lesley Shook, City Clerk CERTIFICATE I, hereby certify that the above and foregoing is a true and correct copy of the Ordinance No. 2013-01- of the City of Arkansas City, Kansas adopted by the Board of Commissioners on January 22, 2013 as the same appears of record in my office. DATED:. Lesley Shook, Clerk

Date 1/22/2013 Item for City Commission Action Section V Item 3 Citizen/Agency Contact Department/Division City Manager Staff Contact Nick Hernandez Consider a Resolution adopting the Arkansas City Commission Governance Details Policy and Rules of Procedure. (Voice Vote) Description This policy and procedure handbook for the governance of Arkansas City covers a vast amount of information with regard to the governance of the community. This will allow the governing body to have a document agreed upon that defines the role the city manager-commission form of government in Kansas and one that can be used as a reference tool throught a governing body members tenure with the City. Staff will continue to update and train the governing body on the contents found in this book which range from discussion on "Home Rule", "Open Records", "Citizen Boards", "Economic Development" and more. Commission Options 1. Approve the Governance Policy and Rules of Procedure as Presented 2. Amend the Governance Policy and Rules of Procedure and Approve 3. Table Recommended by Staff 1 Advisory Board Fiscal Impact: Amount: N/A Fund: Department: Expense Code: Included in budget Grant Bonds Other (explain) Approved for Agenda by: SIGNATURE

Date 1/22/2013 Item for City Commission Action Section V Item 4 Citizen/Agency Contact Department/Division City Manager Staff Contact Nick Hernandez Consider Resolution authorizing the City to enter into a purchase agreement with Cohen-Esrey, Affordable Partners LLC for the development and re-use of Details property at 216 West Birch Avenue, commonly known as the former South Central Kansas Regional Medical Center facility. (Voice Vote) Description This purchase agreement authorizes the City to enter into a purchase agreement with Cohen- Esrey, Affordable Partners LLC for the development and re-use of property at 216 West Birch Avenue, commonly known as the former South Central Kansas Regional Medical Center facility.this agreement authorizes a purchase price of One Dollar ($1.00) and closing subject to provisions in the contract to occur on December 31, 2013. Section ten of the contract outlines several items of due dilligence and contingencies including tax credits, tax-exempt-bonds, environmental assessment approval, applicable incentive program dollars and any governmental zoning/applicable regulation changes. Commission Options 1. Approve purchase agreement as presented 2. Amend purchase agreement 3. Table purchase agreement Recommended by Staff 1 Advisory Board Fiscal Impact: Amount: N/A Fund: Department: Expense Code: Included in budget Grant Bonds Other (explain) Approved for Agenda by: SIGNATURE

RESOLUTION NO. 2013-01 A RESOLUTION AUTHORIZING THE CITY TO ENTER INTO A PURCHASE AGREEMENT WITH COHEN- ESREY, AFFORDABLE PARTNERS LLC FOR THE DEVELOPMENT AND RE-USE OF PROPERTY AT 216 WEST BIRCH AVENUE, COMMONLY KNOWN AS THE FORMER SOUTH CENTRAL KANSAS REGIONAL MEDICAL CENTER FACILITY. WHEREAS, the City owns 216 W. Birch, Arkansas City, Kansas, Parcel ID 018-306-24-0-40-25-001.00-0 commonly known as the former South Central Kansas Regional Medical Center Facility; and, WHEREAS, Cohen-Esrey Affordable Partners, L.L.C. desires to enter into a purchase agreement to rehabilitate and develop the former South Central Kansas Regional Medical Center Facility into affordable housing; and, WHEREAS, the sale of the former South Central Kansas Regional Medical Center Facility site is contingent upon completion of respective obligations of the parties set forth within the purchase agreement. 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 hereby authorizes the Mayor and/or City Manager of the City of Arkansas City to execute a purchase agreement with Cohen-Esrey Affordable Partners, L.L.C. Such Agreement is attached hereto and incorporated by reference as if fully set forth herein. SECTION TWO: 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 City Commission of the City of Arkansas City. PASSED AND RESOLVED by the Governing Body of the City of Arkansas, Kansas this 22nd day of January, 2013. ATTEST: Lesley Shook, City Clerk Charles Tweedy III, Mayor 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 Resolution No. 2013-01 of the City of Arkansas City, Kansas adopted by the governing body on January 22, 2013 as the same appears of record in my office. DATED: Lesley Shook, Clerk