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Legal
Publications
The Derby Informer is the official
publication
for the City of Derby.
(Published in The Derby Informer July
1, 2009)
SHAWN R. DEJARNETT #16052
DEJARNETT LAW OFFICE
P.O. BOX 583
204 EAST LINCOLN, SUITE 103
WELLINGTON, KANSAS 67152
Ph (620) 326-6878
IN THE DISTRICT COURT OF SUMNER COUNTY, KANSAS
THIRTIETH JUDICIAL DISTRICT
DIVISION NO.
IN THE INTEREST OF )
)
TYLER MICHAEL LEAF ) CASE NO. 2008 JC 104
DOB: XX/XX/08 )
A CHILD UNDER 18 YEARS OF AGE )
NOTICE OF HEARING-Publication
Pursuant to K.S.A. 38-2237
TO: JUSTIN BARR, POSSIBLE FATHER OF TYLER MICHAEL LEAF
UNKNOWN FATHER of TYLER MICHAEL LEAF
and all other persons who are or may be concerned:
You are hereby notified that a petition has been filed in
this Court alleging that the child named above is a Child
in Need of Care.
A hearing on Adjudication is scheduled for the 22nd day of
JULY, 2009, at 2:30 P.M. At the hearing the Court may issue
orders relating to the care, custody and control of the child.
The parent(s), and any other person having legal custody are
required to appear before this Court on the date and time
shown, or to file your written response to the petition with
the Clerk of the District Court prior to that time. Failure
to respond or to appear before the Court at the time shown
will not prevent the Court from entering judgment as requested
in the petition, finding that the child is a Child in Need
of Care.
An attorney has been appointed as guardian ad litem for the
child: Troy Dierking, 522 North Washington, Kansas 67152,
Phone 620-326-8961. You have the right to appear before the
Court and be heard personally, either with or without an attorney.
The Court will appoint an attorney for any parent who desires
an attorney but is financially unable to hire one. The Court
may order one or both parents to pay child support.
Date and time of hearing: JULY 22, 2009 AT 2:30P.M.
Place of hearing: Sumner County Courthouse, 500 North Washington,
2nd Floor, Wellington, KS. 67152.
SHAWN R. DEJARNETT
Attorney for Petitioner
204 E. Lincoln, Suite 103
Wellington, Ks. 67152
Ph 620-326-6878
TO THE PUBLISHER: Please publish for two consecutive Wednesdays,
commencing on the 1st day of July, 2009. Immediately after
the first publication, please forward 1 copy of the above
and foregoing Notice to: Shawn R. DeJarnett, PO Box 583, 204
East Lincoln, Suite 103, Wellington, Ks. 67152. Immediately
after the third publication, make your proof of publication
to the Clerk of the District Court, P.O. Box 399, Wellington,
KS 67152, with copy to this office.
(Published in The Derby Informer July
1, 2009)
OFFICIAL NOTICE OF ZONING APPEALS PUBLIC HEARING
NOTICE IS HEREBY GIVEN that on July 23, 2009, the Board of
Zoning
Appeals of the City of Derby, Kansas will consider the following
application at 7:00 P.M. in the City Conference Room at City
Hall in
Derby, Kansas.
BZA Case No. V2009-02: Variance Requesting Reduction of Side
Yard
Setbacks from 9 feet to 8 feet, and from 7 feet to 6 feet
Zoning: R-1 – Single Family Residential
Common Address: Spring Ridge Addition, Phase 2, Lots 3-8
Block 2, Lots 60-62 Block 1, Lots 28-30, 40-45, and 49-62
Block 3.
You may appear at this time either in person or by agent
or attorney,
if you desire, and be heard on the matter. After hearing the
views and
wishes of all persons interested in the case, the Board of
Zoning
Appeals may close the hearing and render a decision. The public
hearing
may be recessed and continued from time to time without further
notice.
(Published in The Derby Informer July
1, 2009)
SUMMARY NOTICE OF BOND SALE
CITY OF DERBY, KANSAS
$10,150,000* $2,680,000
GENERAL OBLIGATION BONDS GENERAL OBLIGATION BONDS
SERIES 2009-A SERIES 2009-B
(GENERAL OBLIGATION BONDS PAYABLE FROM UNLIMITED AD VALOREM
TAXES)
Bids. SUBJECT to the Notice of Bond Sale dated June 23,
2009, written and electronic bids will be received on behalf
of the Clerk of the City of Derby, Kansas (the “Issuer”)
in the case of written bids, at the address set forth below,
and in the case of electronic bids, through PARITY® until
11:00 a.m., Central Daylight Time, on JULY 14, 2009 for the
separate purchase of the each series of the above-referenced
bonds (the “Series 2009-A Bonds,” the “Series
2009-B Bonds” or collectively, “Bonds”).
No bid shall be for less than 99% of the principal amount
of the Series 2009-A Taxable Bonds and 100% of the principal
amount of Series 2009-A Tax-Exempt Bonds and the Series 2009-B
Bonds (as said terms are defined in the Notice of Bond Sale).
Alternative Bids for the Series 2009-A Bonds as Taxable Build
America Bonds. Bids will be accepted for the Series 2009-A
Bonds as either traditional tax-exempt bonds or as taxable,
direct-pay Build America Bonds.
Bond Details. The Bonds will consist of fully registered bonds
in the denomination of $5,000 or any integral multiple thereof,
will be dated August 1, 2009 and will bear interest at rates
to be determined when the Bonds are sold as hereinafter provided,
which interest will be payable semiannually on June 1 and
December 1 in each year, beginning on June 1, 2010.
Series 2009-A. The Series 2009-A Bonds will become due in
principal installments on December 1 in the years and the
amounts hereinafter set forth:.
Year PrincipalAmount* Year PrincipalAmount*
2010 $250,000 2020 $505,000
2011 380,000 2021 525,000
2012 390,000 2022 545,000
2013 395,000 2023 565,000
2014 405,000 2024 585,000
2015 420,000 2025 605,000
2016 440,000 2026 635,000
2017 455,000 2027 670,000
2018 470,000 2028 695,000
2019 490,000 2029 725,000
*Adjustment of Issue Size. The Issuer reserves the right to
increase or decrease the total principal amount of the Series
2009-A Bonds, depending on the purchase price, interest rates
bid and the offering prices specified by the successful bidder,
as set forth in the Notice of Bond Sale.
Series 2009-B. The Series 2009-B Bonds will become due in
principal installments on December 1 in the years and the
amounts hereinafter set forth:.
Year PrincipalAmount Year PrincipalAmount
2010 $105,000 2018 $185,000
2011 145,000 2019 190,000
2012 150,000 2020 200,000
2013 155,000 2021 205,000
2014 160,000 2022 215,000
2015 165,000 2023 225,000
2016 170,000 2024 235,000
2017 175,000
Book-Entry-Only System. The Bonds shall be registered under
a book-entry-only system administered through DTC.
Paying Agent and Bond Registrar. Treasurer of the State of
Kansas, Topeka, Kansas.
Good Faith Deposit. Each bid shall be accompanied by a good
faith deposit in the form of a cashier's or certified check
drawn on a bank located in the United States of America, a
qualified financial surety bond or a wire transfer in Federal
Reserve funds immediately available for use by the Issuer
in the amount of $203,000 for the Series 2009-A Bonds and
$53,600 for the Series 2009-B Bonds amount of $266,500*.
Delivery. The Issuer will pay for printing the Bonds and will
deliver the same properly prepared, executed and registered
without cost to the successful bidder on or about August 4,
2009, to DTC for the account of the successful bidder.
Assessed Valuation and Indebtedness. The Equalized Assessed
Tangible Valuation for Computation of Bonded Debt Limitations
for the year 2008 is $189,071,357. The total general obligation
indebtedness of the Issuer as of the Dated Date, including
the Bonds being sold, is $89,980,000*.
Approval of Bonds. The Bonds will be sold subject to the legal
opinion of GILMORE & BELL, P.C., WICHITA, KANSAS, Bond
Counsel, whose approving legal opinion as to the validity
of the Bonds will be furnished and paid for by the Issuer,
printed on the Bonds and delivered to the successful bidder
as and when the Bonds are delivered.
Additional Information. Additional information regarding the
Bonds may be obtained from the Financial Advisor, at the addresses
set forth below:
DATED: June 23, 2009.
Written and Facsimile Bid and Good Faith Deposit Delivery
Address:
Jean Epperson, Clerk
City Hall
611 N. Mulberry
Derby, Kansas 67037
Phone No. (316) 788-1519
Fax No. (316) 788-6067
Email: jeanepperson@derbyweb.com
Financial Advisor -Good Faith Deposit Delivery Address:
Piper Jaffray & Co. The Public Finance Group, Inc.
11150 Overbrook, Suite 310 151 S. Whittier
Leawood, Kansas 66211 Wichita, Kansas 67218
Attn: Greg Vahrenberg Attn: Charley Young
Phone No. (913) 345-3374 Phone No. (316) 689-4295
Fax No. (913) 345-3393 Fax No. (316) 681-4499
Email: gregory.m.vahrenberg@pjc.com Email: charlesyoung@publicfinancegroup.com
(Published in The Derby Informer July
1, 2009)

(Published in The Derby Informer June
24, 2009)
The City of Derby, Kansas, and Sedgwick County, Kansas, Department
of Code Enforcement, in accordance with National Flood Insurance
Program regulation 65.7(b)(1), hereby gives notice of the
City of Derby’s intent to revise the floodplain, generally
located between Meadowlark and 63rd St. Specifically, the
floodplain shall be revised from a point 1000 ft. south of
63rd St. and 2400 ft. west of Rock Rd to a point 550 feet
east of Woodlawn at Meadowlark. As a result of the floodplain
revision, the floodway shall have a maximum width of 570 feet
at a point 1330 feet downstream of 63rd St. Also as a result
of the floodplain revision the floodplain shall narrow with
a maximum narrowing of 130 feet at a point approximately located
1500 feet downstream of 63rd St.
Maps and detailed analysis of the floodway revision can be
reviewed at the City of Derby, City Hall at 611 Mulberry,
Derby, KS 67037. Interested persons may call Charlie Brown,
City of Derby, Director of Community Development at (316)
788-6632, or Brent Wooten at Baughman Co., at (316) 262-7271
for additional information.
(Published in The Derby Informer June
24, 2009)
(Published in The Derby
Informer June 17, 2009)
ADVERTISEMENT FOR BIDS
OWNER: CITY OF DERBY, KANSAS
ADDRESS: 611 MULBERRY, SUITE 300, DERBY, KANSAS 67037
Separate sealed BIDS for the construction of JAMES STREET
IMPROVEMENTS (Beau Jardin to High Park Drive) (Resolution
No. 17-2009) to serve SPRING RIDGE ADDITION, DERBY, SEDGWICK
COUNTY, KANSAS will be received by the City of Derby, Kansas
at City Hall, 611 Mulberry, Derby, Kansas 67037 until 2:00
p.m., Tuesday, June 30, 2009 and then at said office will
be publicly opened and read aloud. The project is briefly
described as follows:
Approximately 7,519 S.Y. 6” Asphalt Pavement (4”
Bit. Base); 9,194 S.Y. Reinforced Crushed Rock Base (8”);
3,759 L.F. Combined Curb & Gutter (6 5/8”); 430
S.Y. Reinforced Concrete Valley Gutter; 1 L.S. Earthwork;
6 Ea. Inlet Hookups; 10 Ea. Signs; 133 L.F. 18” Storm
Water Sewer; 583 L.F. 21” Storm Water Sewer; 557 L.F.
24” Storm Water Sewer; 42 L.F. 30” x 19”
Storm Water Sewer (RCPHE); 139 L.F. 33” x 26”
Storm Water Sewer; 384 L.F. 40” x 31” Storm Water
Sewer; 5 Ea. Type 1A Curb Inlet (L=11’4”, W=4’4”);
1 Ea. Type 1A Curb Inlet (L=11’4”, W=5’4”);
2 Ea. 4’ Dia. Standard Manhole; 1 Ea. Special Reinforced
Concrete Manhole; 1 L.S. Modify Existing Headwall; 1 L.S.
Remove and Reset Existing Stone Rip-Rap; 1 L.S. Seeding and
Erosion Control; 1 L.S. Site Clearing and Restoration
The CONTRACT DOCUMENTS MAY BE EXAMINED AT THE FOLLOWING LOCATIONS:
City Hall, 611 Mulberry, Suite 300, Derby, Kansas 67037
Kansas Construction News Report, 230 Laura, Suite #101, Wichita,
Kansas 67211-1515
KCA Construction Bulletin, P.O. Box 5061, Topeka, KS 66605-0061
Young & Associates, P.A., 100 S. Georgie, Derby, KS 67037
Copies of the CONTRACT DOCUMENTS may be obtained at the office
of Young & Associates, P.A. with a payment of $40.00 for
each set. No refund.
Nondiscrimination in Employment
Bidders on this work will be required to comply with the President’s
Executive Order No. 11246. Requirements for bidders and contractors
under this order are explained in the specifications.
Proposals must be accompanied by a certified or cashier’s
check, or bid bond is acceptable to the City in an amount
not less than five percent (5%) of the proposal. Checks are
to be made payable to the City of Derby and drawn on a solvent
Kansas Bank or Trust Company. These checks or bonds are to
be retained by the City Clerk until the contract for the project
shall have been awarded.
_________________________________ ________________________
Kathleen B. Sexton, City Manager DATE
(Published in The Derby Informer June
17, 2009)
RESOLUTION NO. 28-2009
A RESOLUTION DETERMINING THE ADVISABILITY OF THE MAKING
OF A CERTAIN INTERNAL IMPROVEMENT IN THE CITY OF DERBY, KANSAS,
AND SETTING FORTH THE GENERAL NATURE OF THE IMPROVEMENT, THE
ESTIMATED OR PROBABLE COSTS THEREOF, THE EXTENT OF THE IMPROVEMENT
DISTRICT TO BE ASSESSED FOR THE COSTS THEREOF, THE METHOD
OF ASSESSMENT, AND THE APPORTIONMENT OF THE COSTS BETWEEN
THE IMPROVEMENT DISTRICT AND THE CITY AT LARGE; AUTHORIZING
AND PROVIDING FOR THE MAKING OF THE IMPROVEMENT IN ACCORDANCE
WITH THE FINDINGS OF THE GOVERNING BODY (71st STREET TURN
LANE IMPROVEMENTS/DERBY MARKETPLACE 3RD ADDITION).
WHEREAS, a Petition was filed with the City Clerk of the Derby,
Kansas (the "City") proposing certain internal improvements;
and said Petition sets forth: (a) the general nature of the
proposed improvements; (b) the estimated or probable cost
of the proposed improvements; (c) the extent of the proposed
improvement district to be assessed for the cost of the proposed
improvements; (d) the proposed method of assessment; (e) the
proposed apportionment of the cost between the improvement
district and the City at large; and (f) a request that such
improvements be made without notice and hearing as required
by K.S.A. 12-6a04(b) (the "Act"); and
WHEREAS, the governing body of the City hereby finds and
determines that said Petition is sufficient.
THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE DERBY,
KANSAS:
Section 1. Findings of Advisability. The governing body
hereby finds and determines that:
(a) It is advisable to make the following improvements:
Construct an acceleration-deceleration lane along the north
side of 71st Street South, from Rock Road to the East line
of Derby Marketplace Third Addition; Left Turn Lanes along
71st Street South to serve the major entrances; Major entrance
drives to serve Lot 7 on 71st Street; and a 10’ concrete
sidewalk along the north side of 71st Street South from Rock
Road to the east line of the plat, in accordance with the
City of Derby Standards (the "Improvements").
(b) The estimated or probable cost of the Improvements is:
$200,000, to be increased at the pro rata rate of 1 percent
per month from and after the date of adoption of this Resolution.
(c) The extent of the improvement district (the "Improvement
District") to be assessed for the cost of the Improvements
is:
Lots 1 through 7, Block 1, Derby Marketplace Third Addition,
an addition to the City of Derby, Sedgwick County, Kansas.
(d) The method of assessment is: On a fractional basis,
as follows: Lot 1, Block 1, shall be assessed 142/10,000;
Lot 2, Block 1, shall be assessed 305/10,000; Lot 3, Block
1, shall be assessed 820/10,000; Lot 4, Block 1, shall be
assessed 875/10,000; Lot 5, Block 1, shall be assessed 765/10,000;
Lot 6, Block 1, shall be assessed 4428/10,000; and Lot 7,
Block 1, shall be assessed 2665/10,000 of the costs payable
by the Improvement District.
(e) The apportionment of the cost of the turn lane portion
of the Improvements, between the Improvement District and
the City at large, is:
100% to be assessed against the Improvement District and
0% to be paid by the City-at-large; and
the apportionment of the cost of the sidewalk portion of
the Improvements, between the Improvement District and the
City at large, is:
50% to be assessed against the Improvement District and
50% to be paid by the City-at-large.
Section 2. Authorization of Improvements. The abovesaid
Improvements are hereby authorized and ordered to be made
in accordance with the findings of the governing body of the
City as set forth in Section 1 of this Resolution.
Section 3. Bond Authority; Reimbursement. The Act provides
for the Improvements to be paid by the issuance of general
obligation bonds of the City (the "Bonds"). The
Bonds may be issued to reimburse expenditures made on or after
the date which is 60 days before the date of this Resolution,
pursuant to Treasury Regulation 1.150-2.
Section 4. Effective Date. This Resolution shall be effective
upon adoption. This Resolution shall be published one time
in the official City newspaper, and shall also be filed of
record in the office of the Register of Deeds of Sedgwick
County, Kansas.
ADOPTED AND APPROVED by the governing body of the City of
Derby, Kansas, on June 9, 2009.
(Seal)
Dion P. Avello, Mayor
Jean Epperson, City Clerk
(Published in The Derby Informer June
17, 2009)
ORDINANCE NO. 1988
AN ORDINANCE OF THE CITY OF DERBY, KANSAS, AUTHORIZING AND
PROVIDING FOR THE CONSTRUCTION OF MAIN INTERCEPTOR SEWER IMPROVEMENTS
IN THE CITY; AND PROVIDING FOR THE PAYMENT OF THE COSTS THEREOF.
WHEREAS, K.S.A. 12-618 provides, in part, that the governing
body of any city having a population of less than 80,000 shall
have power to provide for one or more systems of sewerage,
or drainage, or both, for such city, or for any part thereof,
with one or more main sewers or drains and sewer or drains
outlets, and to build, construct or purchase pumping stations,
sewers, sewer service lines and drains by districts or otherwise,
as the governing body may determine; and
WHEREAS, K.S.A. 12-619 provides, in part, that if the estimated
cost of the main sewer or drain of said system now or hereafter
constructed shall be relatively large as compared with the
estimated cost of the lateral sewers or drains tributary thereto,
or if the said main sewer or drain shall be so located that
it will or may receive the sewage or drainage from two or
more districts, the governing body shall have power to pass
an ordinance providing that the cost of such main sewer or
drain below a certain designated point shall be borne by the
city and paid in the manner provided in K.S.A. 12-624 for
the payment of the cost of main sewers and drains now or hereafter
constructed beyond the corporate limits of the city; provided,
that the said ordinance shall state the point in the line
of the main sewer or drain below which the provisions of this
section shall apply, shall describe the proposed location
of the said main sewer or drain from the said point to the
outlet of the same or to the city limits, and shall state
the manner of payment of the cost of the said main sewer or
drain; and
WHEREAS, K.S.A. 12-624 provides, in part, that all costs
and expenses occasioned by the acquisition of a right-of-way
and by the construction of sewers and drains and disposal
works beyond the corporate limits of said city shall be borne
by the city as a whole and shall be paid out of the general
revenue fund or by the issuance of improvement bonds of the
city as the governing body may determine, that bonds to pay
said costs may be issued in addition to the $100,000 authorized
by K.S.A. 12-621 for the construction of disposal works and
that such additional bonds may be issued in addition to the
limit of bonded indebtedness of such cities as defined by
statutes; and
WHEREAS, the City of Derby, Kansas (the "City")
has a population of approximately 22,058; and
WHEREAS, the governing body of the City hereby finds and
determines it to be necessary to construct main interceptor
sewer improvements for the City under authority of K.S.A.
12-619; and
WHEREAS, said governing body hereby further finds and determines
that the costs of constructing said main interceptor sewer
improvements will be relatively large as compared to the estimated
cost of possible future sewer lateral lines or drains tributary
thereto, and that said main interceptor sewer improvements
may receive in the future sewage or drainage from two or more
districts, and that the costs of constructing said main interceptor
sewer improvements should be chargeable to the city at large
and paid by the issuance of general obligation bonds of the
City in the manner provided by K.S.A. 12-624 for the costs
of main sewer improvements and drains now or hereafter constructed
beyond the corporate limits of the City; and
WHEREAS, said governing body hereby further finds and determines
it to be necessary to authorize and provide for the construction
of main interceptor sewer improvements in the City; and to
make provision for the payment of the costs thereof by the
issuance of general obligation bonds of the City.
THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY
OF DERBY, KANSAS:
Section 1. Authorization of Improvements. It is hereby authorized,
ordered and directed that main interceptor sewer improvements
in the City (the "Improvements") be constructed
as a part of the sewer system of the City, as provided by
K.S.A. 12-618 et seq., in accordance with the plans and specifications
therefor, which have been prepared or approved by the City
Engineer and placed on file in the office of the Clerk (the
"Improvements").
Section 2. Designated Points. The proposed location and
costs of the Improvements below the following designated point(s)
to the outlets of the same or to the City limits, to wit:
East line of Rock Road along Spring Creek northeasterly to
Madison Avenue at High Park, Derby, Sedgwick County, Kansas;
shall be borne by the City at large, and shall be paid in
the manner provided in K.S.A. 12-624, for the costs of main
sewers and drains now or hereafter constructed beyond the
corporate limits of the City.
Section 3. Bond Authorization. The estimated costs of the
Improvements, including construction, engineering fees, acquisition
of right-of-way and easements, contingencies and administrative
expenses is $5,000,000. The costs of the Improvements, interest
on interim financing and associated financing costs shall
be payable from the proceeds of general obligation bonds of
the City issued under authority of K.S.A. 12-619 and K.S.A.
12-624 (the "Bonds").
Section 4. Reimbursement. Any Bonds issued under the authority
of this Ordinance may be used to reimburse expenditures made
on or after the date that is 60 days before the date of passage
of this Ordinance pursuant to U.S. Treasury Regulation §1.150-2.
Section 5. Effective Date. This Ordinance shall be in force
and take effect from and after its passage, approval and publication
once in the official City newspaper.
PASSED by the governing body of the City on June 9, 2009
and APPROVED AND SIGNED by the Mayor.
(Seal)
Dion P. Avello, Mayor
Jean Epperson, City Clerk
[BALANCE OF THIS PAGE INTENTIONALLY LEFT BLANK]
CERTIFICATE
I hereby certify that the foregoing is a true and correct
copy of the original ordinance; that said Ordinance was passed
on June 9, 2009; that the record of the final vote on its
passage is found on page ____ of journal ____; and that it
was published in The Derby Weekly Informer on June 9, 2009.
DATED: June 9, 2009.
Jean Epperson, City Clerk
[BALANCE OF THIS PAGE INTENTIONALLY LEFT BLANK]
(Published in The Derby Informer June
17, 2009)
Notice of Change in Control of a Bank Holding Company
Richard Kevin Chase, Derby, Kansas and Peter Cran Chase, Eastborough,
Kansas intends to apply to the Federal Reserve Board for permission
to acquire 25% or more of the shares and thereby control of
First Team Resources Corporation, Derby, Kansas. First Team
Resources Corporation controls Verus Bank, n.a., Derby, Kansas.
The Federal Reserve considers a number of factors in deciding
whether to approve the notice.
You are invited to submit comments in writing on this notice
to the Federal Reserve Bank of Kansas City, One Memorial Drive,
Kansas City, MO 64198. The comment period will not end before
July 10, 2009 and may be somewhat longer. The Boards’
procedures for processing applications may be found at 12
C.F.R. Part 262.25. To obtain a copy of the Federal Reserve
Board’s procedures, or if you need more information
about how to submit your comments on the notice, contact Todd
A. Offenbacker, Assistant Vice President, at (816) 881-2657.
The Federal Reserve will consider your comments and any request
for a public meeting or formal hearing on the notice if they
are received in writing by the Reserve Bank on or before the
last day of the comment period.
(Published in The Derby Informer June
10, 2009)

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