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The Derby Informer is the official publication
for the City of Derby.

(Published in The Derby Informer September 8, 2010)

First Published in THE DERBY INFORMER September 1, 2010 - 3t
IN THE EIGHTEENTH JUDICIAL DISTRICT
DISTRICT COURT, SEDGWICK COUNTY, KANSAS
IN THE MATTER OF THE ESTATE OF )
) CASE NO. 2010 PR 0930
BETTY ANN SMITH, Deceased )
NOTICE OF HEARING
THE STATE OF KANSAS TO ALL PERSONS CONCERNED:
You are hereby notified that a petition has been filed in this Court by Emmitt Darrell Smith as an heir at law of Betty Ann Smith, deceased, praying for the determination of the descent of an undivided one-half interest in the following described real estate situated in Sedgwick County, Kansas, to-wit:
Lot Five, Block V, Callahan Addition
and all other property, real and personal, or interests therein, owned by the decedent at the time of death; and you are hereby required to file your written defenses thereto on or before the 24th day of September, 2010, at 10:00 a.m., of said day, in said Court, in the City of Wichita, in Sedgwick County, Kansas, at which time and place said cause will be heard. Should you fail therein, judgment and decree will be entered in due course upon said petition.
EMMITT DARRELL SMITH
Petitioner
GEISERT, WUNSCH, WATKINS & GRAFFMAN
410 N. MAIN, BOX 475
KINGMAN, KS 67068
(620) 532-3108
Attorneys for Petitioner

(Published in The Derby Informer September 8, 2010)

In the Matter of the Marriage of
Tyrice Hall and Henryetta C. Hall
NOTICE OF SUIT

THE STATE OF KANSAS TO HENRYETTA C. HALL: You are notified that a Petition for Divorce was filed in the District Court of Sedgwick County, Kansas asking that the person filing the divorce be granted a divorce and asking that the court make other orders in that divorce matter. You must file an answer to the Petition for Divorce with the court and provide a copy to the filing spouse on or before Oct. 31, 2010, which shall not be less than 41 days after first publication of this Notice of Suit, or the court will enter judgment against you on that Petition.

NOTICE OF SUIT

THE STATE OF KANSAS TO ALL WHO ARE OR MAY BE CONCERNED: You are hereby notified that Petitioner has filed in the Eighteenth Judicial District a Petition
to Change Name from Colene Teresa Binns to Colene Teresa Marshall and that said Petition will be heard or assigned by Judge Tim Lahey on the 6th Floor of the Sedgwick County Courthouse, Wichita, Kansas, on the 14th day of October, 2010. If you have any objection to the requested name change, you are required to file a responsive pleading or appear at the hearing and object to the requested name change. If you fail to act, judgment and decree may be entered in due course upon said Petition.

NOTICE OF SUIT

THE STATE OF KANSAS TO ALL WHO ARE OR MAY BE CONCERNED: You are hereby notified that Petitioner has filed in the Eighteenth Judicial District a Petition
to Change Name from Juanita Lynn Lear Edwards to Juanita Lynn Lear and that said Petition will be heard or assigned by Judge Tim Lahey on the 6th Floor of the Sedgwick County Courthouse, Wichita, Kansas, on the 12th day of October, 2010. If you have any objection to the requested name change, you are required to file a responsive pleading or appear at the hearing and object to the requested name change. If you fail to act, judgment and decree may be entered in due course upon said Petition.

Abandoned 2001 Honda Helix 250 VIN #JH2MF02021K600349 of Melody Lindenman of 638 S. Gordon, Wichita, KS 67213 will be disposed of Sept. 23, 2010 if not claimed. 316-871-9047.

(Published in The Derby Informer September 8, 2010)

(Published in The Derby Informer September 1, 2010)

NOTICE OF NUISANCE
(FROM BOARD OF DIRECTORS TO PROPERTY OWNER)
Property Location: 4592 Jade Date of Notice: 09-01-10
Owner of Record: Michael J. Zenner IV, & Elizabeth Simpson
Date of Inspection: 08-13-10
Date of Board Determination regarding appearance of nuisance: 08-18-10
Violation - You are maintaining on the property as identified above, a nuisance that is in violation of Article 2.01(a,f,h&i) of Resolution No.10-20-04(a) of the Board of Directors of the Oaklawn Improvement District: For your information, Resolution No.10-20-04(a) is attached hereto.
Narrative description of condition that constitutes nuisance: There is abandoned vehicle, trash, furniture, Sofa, household items & dilapidated shed On the property.
Date that nuisance must be abated: 09-12-10
In lieu of abating the nuisance you may make a written request to the Board of Directors of the Oaklawn Improvement District for a hearing at which the Board of Directors will determine whether or not a nuisance, as described above, exists on your property. The written request shall be sent or hand-delivered to the Board of Directors, Oaklawn Improvement District, 2937 Oaklawn Dr., Wichita, Kansas 67216. If you have any questions you may contact Sherrie Hopkins, Clerk of the Board at (316) 524-0281. If the Board of Directors determines that a nuisance exists, as described herein, then the Board of Directors will set a date that the nuisance must be abated. If unabated on that date, then the nuisance will be abated by the District.
Finally, this is notice that if the Board of Directors abates the nuisance then the cost of the abatement will be assessed against the above-described property and placed on tax rolls in a manner that such will be collected by the County Treasurer and paid to the District as other taxes are collected and paid.

(Published in The Derby Informer September 1, 2010)

Passed: August 24, 2010
Published: September 1, 2010
ORDINANCE NO. 2035
AN ORDINANCE AMENDING SUBSECTION A.3 OF SECTION 901 OF THE ZONING ORDINANCE OF THE CITY OF DERBY, KANSAS, PERTAINING TO LOCATION OF BUILDINGS AND STRUCTURES WITHIN OR UPON UTILITY EASEMENTS, IMPROVEMENTS OR INSTALLATIONS WITHIN THE CITY; AND REPEALING ORIGINAL SUBSECTION A.3 OF SECTION 901 OF SAID ORDINANCE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DERBY, KANSAS;
Section 1. Subsection A.3. of section 901 of the Zoning Ordinance of the City of Derby, Kansas, is hereby amended to read as follows:
3. (a) Except as otherwise provided in this subsection, no principal or accessory building or structure shall be located on or within, or project over, any platted or dedicated public or other utility easement or known utility improvement or installation.
(b) An accessory structure that is movable or otherwise will not, in the judgment of the City engineer, significantly obstruct a public or utility easement, or the maintenance, repair, replacement or reconstruction of a public or utility improvement or installation located within any such easement, including any authorized future use thereof, may be located within or project over such utility easement, improvement or installation; provided, that the owner thereof shall post and continuously maintain in a conspicuous place upon such building or structure, the following notice:
“This structure is located within a public utility easement.
Neither the City of Derby nor any utility company with facilities located within this easement is liable for damage to or destruction of this structure as a result of maintenance, repair or replacement activities, or installation of new facilities, within this easement.”
SECTION 2. Original subsection A.3 of section 901 of the zoning ordinance of the City of Derby, Kansas, as the same has from time to time been amended, is hereby repealed.
SECTION 3. If any part of this ordinance is determined by a court of competent jurisdiction to be invalid, such invalidity shall not affect the validity of the remaining parts of this ordinance. The Governing Body hereby declares that it would have passed the remaining parts of this ordinance if it had known that any part or parts hereof would be declared invalid.
SECTION 4. This Ordinance shall take effect and be in full force and effect from and after its passage and publication once in the official City newspaper.
ADOPTED BY THE GOVERNING BODY this 24th day of August, 2010.
Dion P. Avello, Mayor
ATTEST:
Jean Epperson, City Clerk
Approved as to form:
Philip H. Alexander, City Attorney

(Published in The Derby Informer September 1, 2010)

Ordinance No. 2034
AN ORDINANCE ADOPTING THE DERBY-MULVANE JOINT AREA PLAN, 2010-2030 BY REFERENCE AS AN AMENDMENT TO THE COMPREHENSIVE DEVELOPMENT PLAN 2005-2030 FOR THE CITY OF DERBY, KANSAS.
WHEREAS, pursuant to the authority granted by K.S.A. 12-747 et seq., the City of Derby, Kansas (“City”) developed a Comprehensive Plan (“Plan”), the most recent iteration of which was adopted by the Governing Body of the City on December 12, 2006 and became effective upon publication December 20, 2006; and
WHEREAS, the Plan may be amended from time to time to ensure that it reflects timely and relevant information and the needs of the community; and
WHEREAS, the City, in collaboration with the City of Mulvane and Sedgwick County, initiated and developed the Derby-Mulvane Joint Area Plan, 2010-2030 (“Joint Area Plan”) to address issues related to the possible future extension of water, sewer and other public improvements into portions of the plan area, and coordinate the long term 2030 urban growth areas for the cities of Derby and Mulvane; and
WHEREAS, before the adoption of any comprehensive plan or amendment thereto, the Derby Planning Commission is required by K.S.A. 12-747 et seq. to hold a public hearing; and
WHEREAS, the Derby Planning Commission did give notice by publication in the official City and County newspaper on July 14, 2010, of a public hearing on said area plan; and
WHEREAS, the Derby Planning Commission, on August 5, 2010, held a public hearing at which a quorum was present, and heard all comments and testimony relating to said area plan; and
WHEREAS, following the conclusion of such public hearing the Derby Planning Commission approved the Joint Area Plan and recommended its approval by the Governing Body of the City;
NOW THEREFORE, be it ordained by the Governing Body of the City of Derby, Kansas:
Section 1. The City of Derby, Kansas, hereby adopts the Derby-Mulvane Joint Area Plan, 2010-2030, as an amendment to the Comprehensive Development Plan 2005-2030 For the City of Derby, Kansas as heretofore approved, adopted and amended by the City.
Section 2. Notice of this action shall be transmitted to the City of Mulvane, the Board of Commissioners of Sedgwick County and, upon request, to all other taxing subdivisions in the City’s planning area.
Section 3. This ordinance shall become effective and be in force from and after October 1, 2010, and publication once in the official City newspaper.
ADOPTED BY THE GOVERNING BODY this 24th day of August, 2010.
Dion P. Avello, Mayor
ATTEST:
Jean Epperson, City Clerk
Approved as to form:
Philip H. Alexander, City Attorney

(Published in The Derby Informer September 1, 2010)

Passed: 8/24/10
Published: 9/1/10
ORDINANCE NO. 2036
AN ORDINANCE LEVYING AS SPECIAL ASSESMENTS UPON CERTAIN REAL PROPERTY, HEREINAFTER DESCRIBED, DIRECT AND INDIRECT COSTS INCURRED BY THE CITY IN MOWING GRASS, CUTTING WEEDS, REMOVING DEBRIS OR OTHERWISE ABATING NUISANCES FOUND TO EXIST THEREON.
WHEREAS, the City of Derby has incurred certain costs in abating nuisances found to exist upon certain real property located within the City; and
WHEREAS, the City is authorized to recover so much of such costs as remains unpaid by levying the same as special assessments against the respective lots and parcels upon which such remedial work was performed by or on behalf of the City;
NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF DERBY, KANSAS:
Section 1. The sums set out opposite the following lots and parcels of land should be, and the same are hereby, levied as special assessments upon such lots and parcels to pay the cost incurred by the City in mowing grass, cutting weeds, removing debris, or otherwise abating nuisances found to exist thereon during the year 2010:
Legal Description: Assessment:

RODY 05954 $128.75
Lot 36 Block 2, Southcrest 2nd Addition
City of Derby, Sedgwick County, Kansas
Address: 1012 Hawthorne Ct.
Owner of record at time nuisance abated: Cedar Creek Construction, Inc.

RODY 07223 $95.00
Lot 32 Block E Timberleaf 2nd Addition
City of Derby, Sedgwick County, Kansas
Address: 1042 Beau Jardin
Owner of record at time nuisance abated: David Lake

RODY 00613 $106.25
Lot 4 Block 4 Pleasantview 3rd Addition
City of Derby, Sedgwick County, Kansas
Address: 1440 N. Georgie
Owner of record at time nuisance abated: Melissa & Matthew McGlothlin

RODY 02463 $140.00
N 120 Ft E 110 Ft Lot 1 Dillon Addition
City of Derby, Sedgwick County, Kansas
Address: 1001 N. Buckner
Owner of record at time nuisance abated: Traditions Real Estate

RODY 00220 $128.75
Lot 7 Kush’s Addition
City of Derby, Sedgwick County, Kansas
Address: 400 N. Kokomo
Owner of record at time nuisance abated: Donald & Fronzia Rolison

RODY 01340 $453.50
Lot 5 Block 8 Pleasantview Addition
City of Derby, Sedgwick County, Kansas
Address: 1232 El Paso
Owner of record at time nuisance abated: Robert & Christy Davis

RODY 01508 $218.75
Lot 3 Block H Stone Creel Addition
City of Derby, Sedgwick County, Kansas
Address: 2819 Button Bush
Owner of record at time nuisance abated: Ryan Bolen

RODY 01102 $95.00
Lot 11 Block 6 Pleasantview Addition
City of Derby, Sedgwick County, Kansas
Address: 901 Kokomo
Owner of record at time nuisance abated: Phillip King

RODY 07186 $95.00
Lot 6 Block D Timberleaf 2nd Addition
City of Derby, Sedgwick County, Kansas
Address: 1033 Beau Jardin
Owner of record at time nuisance abated: Thomas & Mary Caudell

Section 2. This Ordinance shall be effective from and after its publication once in the official City newspaper.
PASSED BY THE GOVERNING BODY of the City of Derby, Kansas, this 24th day of August, 2010.
Dion P. Avello, Mayor
ATTEST:
Jean Epperson, City Clerk
Approved as to form:
Philip H. Alexander, City Attorney

(Published in The Derby Informer September 1, 2010)

NOTICE OF SUIT

(Published in The Derby Informer September 1, 2010)

(Published in The Derby Informer August 18, 2010)

ORDINANCE No. 2032
AN ORDINANCE GRANTING TO BIRCH COMMUNICATIONS, A CONTRACT FRANCHISE TO OPERATE AS A TELECOMMUNICATIONS LOCAL EXCHANGE SERVICE PROVIDER OR TO OTHERWISE PROVIDE LOCAL EXCHANGE SERVICES WITHIN THE CITY OF DERBY, KANSAS, AND PRESCRIBING THE TERMS FOR SAID CONTRACT FRANCHISE.
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF DERBY, KANSAS:
SECTION 1. Definitions. For the purpose of this ordinance, the following words and phrases and their derivations shall have the meanings given herein:
(a) “Access Lines” shall mean and be limited to retail billed and collected residential lines; business lines; ISDN lines; PBX trunks and simulated exchange Access Lines provided by a central office based switching arrangement where all stations served by such simulated exchange Access Lines are used by a single customer of the provider of such arrangement. Access Line may not be construed to include interoffice transport or other transmission media that do not terminate at an end user customer’s premises, or to permit duplicate or multiple assessment of Access Line rates on the provision of a single service or on the multiple communications paths derived from a billed and collected Access Line. Access Line shall not include the following: wireless telecommunications services, the sale or lease of unbundled loop facilities, special access services, lines providing only data services without voice services processed by a Telecommunications Local Exchange Service Provider or private line service arrangements or private line arrangements.
(c) “Access Line Fee” means a fee determined by the City, up to a maximum as set out in K.S.A. 12-2001(j), and amendments thereto, to be used by Grantee in calculating the amount of Access Line Remittance.
(d) “Access Line Remittance” means the amount to be paid by Grantee to the City, the total of which is calculated by multiplying the Access Line Fee, as determined in the City, by the number of Access Lines served by the Grantee within the City for each month in that calendar quarter.
(e) “City” means the City of Derby, Kansas.
(f) “Contract Franchise” means this Ordinance granting the right, privilege and franchise to Grantee to provide Telecommunications Services within the City.
(g) “Grantee” means Birch Telecom of Kansas, Inc. dba Birch Communications and Ionex Communications, Inc. dba Birch Communications, and includes any and all successors and assigns.
(h) “Gross Receipts” means only those receipts collected from within the corporate boundaries of the City and which are derived from the following: (1) recurring Local Exchange Service for business and residence which includes basic exchange service, touch tone, optional calling features and measured local calls; (2) recurring local exchange Access Line services for pay phone lines provided by Grantee to all pay phone service providers; (3) local directory assistance revenue; (4) line status verification/busy interrupt revenue; (5) local operator assistance revenue; and (6) nonrecurring Local Exchange Service revenue which shall include customer service for installation of lines, reconnection of service and charge for duplicate bills. All other revenues, including, but not limited to, revenues from extended area service, the sale or lease of unbundled network elements, non-regulated services, carrier and end user access, long distance, wireless Telecommunications Services, lines providing only data service without voice services processed by a Telecommunications Local Exchange Service Provider, private-line service arrangements, internet, broadband and all other services not wholly local in nature are excluded from Gross Receipts. Gross Receipts shall be reduced by bad debt expenses. Uncollectible and late charges shall not be included within Gross Receipts. If Grantee offers additional services of a wholly local nature which if in existence on or before July 1, 2002, would have been included with the definition of Gross Receipts, such services shall be included from the date of the offering of such services within the City.
(i) “Local Exchange Service” means local switched Telecommunications Service within any Local Exchange Service area approved by the state corporation commission, regardless of the medium by which the local Telecommunications Service is provided. The term Local Exchange Service shall not include wireless communication services.
(j) “Public Right-of-Way” means only the area of real property in which the City has a dedicated or acquired right-of-way interest in the real property. It shall include the area on, below or above the present and future streets, alleys, avenues, roads, highways, parkways or boulevards dedicated or acquired as right-of-way The term does not include the airwaves above a right-of-way with regard to wireless telecommunications or other non-wire telecommunications or broadcast service easements obtained by utilities or private easements in platted subdivisions or tracts.
(k) “Telecommunications Local Exchange Service Provider” means a local exchange carrier as defined in subsection (h) of K.S.A. 66-1,187, and amendments thereto, and a telecommunications carrier as defined in subsection (m) of K.S.A. 66-1,187, and amendments thereto, which does, or in good faith intends to, provide Local Exchange Service. The term Telecommunications Local Exchange Service Provider does not include an inter-exchange carrier that does not provide Local Exchange Service, competitive access provider that does not provide Local Exchange Service or any wireless Telecommunications Local Exchange Service Provider.
(l) “Telecommunications Service” means providing the means of transmission, between or among points specified by the user, of information of the user’s choosing, without change in the form or content of the information as sent and received.
SECTION 2. Grant of Franchise; Exclusions.
(a) Pursuant to K.S.A. 12-2001, et seq., and amendments thereto, there is hereby granted to Grantee a nonexclusive Contract Franchise to operate as a telecommunications local exchange service provider or to otherwise provide local exchange services to the consumers or recipients of such service located within the corporate boundaries of the City for the term of this Contract Franchise, subject to the terms and conditions of this Contract Franchise as set forth herein.
(b) The grant of this Contract Franchise by the City shall not convey title, equitable or legal, in the Public Right-of-Way, and shall give only the right to provide Local Exchange Service for the purposes and for the term stated in this Contract Franchise. This Contract Franchise does not:
(1) Grant the right to use facilities or any other property, telecommunications-related or otherwise, owned or controlled by the City or any third-party without the consent of such party;
(2) Grant the authority to construct, maintain or operate any facility, equipment or related appurtenance on property owned by the City outside of a Public Right-of-Way, including but not limited to parkland property, City Hall property or public works facility property.
(3) Excuse Grantee from obtaining appropriate access or attachment agreements before locating its Facilities on the facilities owned or controlled by the City or a third-party.
(c) As a condition of this grant, Grantee is required to obtain and is responsible for any necessary permit, license, certification, grant, registration or any other authorization required by any appropriate governmental entity, including, but not limited to, the City, the Kansas Corporation Commission or the Federal Communications Commission (“FCC”). Grantee shall also comply with all applicable laws, statutes and/or city regulations, including but not limited to city regulations pertaining to use of Public Rights-of-Way.
(d) Grantee shall not provide any additional services for which a franchise is required by the City without first obtaining a separate franchise from the City or amending this Contract Franchise, and Grantee shall not knowingly allow the use of its telecommunications facilities by any third party in violation of any federal, state or local law. In particular, this Contract Franchise does not provide Grantee the right to provide within the City any cable service as a “cable operator” as that term is defined by 47 U.S.C. § 522(5). Grantee agrees that this franchise does not permit it to operate an open video system without payment of fees permitted by 47 U.S.C. §573(c)(2)(B) and without complying with FCC regulations promulgated pursuant to 47 U.S.C. §573.
(e) Except as hereinafter provided, this Contract Franchise is granted solely to the Grantee and shall not be transferred or assigned without the prior written approval of the City. Upon notice to the City, a transfer or assignment to a wholly owned parent or subsidiary, or between wholly owned subsidiaries may occur without written consent of the City. Otherwise, no such transfer or assignment shall serve to release the transferor from the duties and obligations under the Contract Franchise unless consented to by the City.
SECTION 3. Term of Franchise.
(a) This Contract Franchise shall be effective for a term of three (3) years from the effective date of this Ordinance. Thereafter this Contract Franchise will renew for three (3) additional three (3) year terms, unless either party notifies the other party at least ninety (90) days prior to the termination of the then-current term of its intent that the Contract Franchise will terminate at the end of such term. Any such additional terms shall be deemed a continuation of this Contract Franchise and not as a new franchise or amendment.
(b) Upon written request of either the City or Grantee, this Contract Franchise shall be renegotiated at any time in accordance with the requirements of state law upon occurrence of any of the following events: change in federal, state or local laws, regulations or orders, or change in the structure or operation of the telecommunications industry in relation to the service provided through Grantee’s Facilities, which change materially affect any rights or obligations of either the City or Grantee, including but not limited to the scope of the Contract Franchise granted to Grantee or the compensation to be received by the City hereunder.
SECTION 4. Franchise Application Fee. Pursuant to K.S.A. 2006 Supp. 12-2001(g), AT&T Kansas shall pay the City a competitively neutral, reasonable, nondiscriminatory one-time application fee of three hundred dollars ($300) to compensate the City for its reasonable, actual and verifiable costs associated with review and approval of this contract franchise ordinance. Such application fee shall be paid within ten (10) business days of the publication of the franchise ordinance in the official city newspaper.
SECTION 5. Franchise Fee. In consideration for the grant of this Contract Franchise and the rights and privileges appertaining thereto, Grantee shall pay a franchise fee as defined and in the manner provided herein, to wit:
(a) Grantee shall pay a franchise fee in a sum equal to $2.50 per access line derived during the term of the franchise; and
(b) Grantee shall collect and remit to the City a five percent (5%) Gross Receipts fee with respect to those Access Lines resold to another Telecommunications Local Exchange Service Provider; provided, however, that in the event of any changes in the type or amount of the Grantee’s franchise fee hereunder then the fee collected by the Grantee from such other Telecommunications Local Exchange Service Providers shall be simultaneously changed to an identical fee in type and amount.
(c) Franchise fees shall be calculated and remitted on a monthly basis without invoice or reminder from the City, and shall be remitted within forty-five (45) days after the last day of each calendar month as to which the fee is due and owing. The City may require that such fees be remitted to the City by electronic funds transfer.
(d) No acceptance by the City of any franchise fee payment shall be construed as an accord that the amount paid is, in fact, the correct amount, nor shall acceptance of any franchise fee payment be construed as a release of any claim of the City. Any dispute concerning the amount due under this Contract Franchise shall be resolved in the manner set forth in K.S.A. 12-2001, and amendments thereto.
(e) Throughout the term of this Contract Franchise or any extension thereof, the City shall have the right and option to either increase or decrease the percentage of the Gross Receipts franchise fee or to switch to or increase or decrease the amount of an Access Line Fee, subject to the following:
(1) The effective date of any such changes shall be subject to the restrictions provided under K.S.A. 12-2001(l), and amendments thereto;
(2) The City must notify Grantee of any such change not less than ninety (90) days in advance of the beginning of the calendar year for which such change is to be effective;
(3) The adoption of any such changes shall be subject to the public notifications procedures under K.S.A. 12-2001(m), and amendments thereto;
(4) Such changes shall be subject to the franchise fee limitations provided under K.S.A. 12-2001(j), and amendments thereto; and
(5) In the event the City elects to change the method of calculation of the franchise from gross receipts to per-access-line, nothing herein shall preclude the City from changing back to a franchise fee calculated based on gross receipts; provided, that the City notifies Grantee of any such change not less than ninety (90) days in advance of the beginning of the calendar year for which such change is to be effective.
(f) Grantee shall also convey to the City on a quarterly basis a statement showing the manner in which the franchise fee was calculated. Use of Grantee’s Form 9K2 for Gross Receipts fees or Form 9KN for Access Line Fees shall be sufficient for these purposes.
(g) The franchise fee provided for herein is compensation for the right to provide Local Exchange Service and shall in no way be deemed to be a tax of any kind. The franchise fee shall be in addition to, and not in lieu of, any other taxes, charges, assessments, licenses, fees or impositions that are or may be lawfully imposed by the City, including those imposed pursuant to K.S.A. 17-1902, and amendments thereto.
(h) If federal law or state law is enacted setting forth a maximum allowable level of compensation applicable to the franchise rights hereunder, and if such maximum allowable compensation level is less than the level of compensation required hereunder, then Grantee shall pay compensation to the City in an amount equal to such federal or state maximum compensation level for the remainder of the term while such law is applicable; provided, that no such adjustment shall be made to the extent that any such law setting such maximum compensation level does not apply to existing franchise compensation provisions.
SECTION 6. Insurance Requirement.
(a) During the term of this Contract Franchise, Grantee shall obtain and maintain insurance coverage at its sole expense, with financially reputable insurers that are licensed to do business in the State of Kansas. Should Grantee elect to use the services of an affiliated captive insurance company for this purpose, that company shall possess a certificate of authority from the Kansas Insurance Commissioner. Grantee shall provide not less than the following insurance:
(1) Workers’ compensation as provided for under any worker’s compensation or similar law in the jurisdiction where any work is performed with an employers’ liability limit equal to the amount required by law.
(2) Commercial general liability, including coverage for contractual liability and products completed operations liability on an occurrence basis and not a claims made basis, with a limit of not less than two million dollars ($2,000,000) combined single limit per occurrence for bodily injury, personal injury and property damage liability. The City shall be named as an additional party insured with respect to liability arising from Grantee’s operations under this Contract Franchise.
(b) As an alternative to the requirements of subsection (a) above, Grantee may demonstrate to the satisfaction of the City that it is self-insured and as such Grantee has the ability to provide coverage in an amount not less than that required above to protect the City from and against all claims by any person whatsoever for loss or damage from personal injury, bodily injury, death or property damage occasioned by Grantee, or alleged to so have been caused or occurred.
(c) Prior to the commencement of any work and prior to any renewal thereof, Grantee shall as a material condition of this Contract Franchise deliver to the City a certificate of insurance or evidence of self-insurance, satisfactory in form and content to the City, evidencing that the above insurance is in force and that the same will not be cancelled or materially changed with respect to areas and entities covered without first giving the City thirty (30) days prior written notice. Grantee shall make available to the City on request the policy declarations page and a certified copy of the policy in effect, so that limitations and exclusions can be evaluated for appropriateness of overall coverage.
SECTION 7. Non-Waiver and Reservation of Rights. In entering into this Contract Franchise, neither the City’s nor Grantee’s present or future legal rights, positions, claims, assertions or arguments before any administrative agency or court of law are in any way prejudiced or waived. By entering into this Contract Franchise neither the City nor Grantee waive any rights but, instead, expressly reserve any and all rights, remedies and arguments the City or Grantee may have at law or equity, without limitation, to argue, assert or take any position as to the legality or appropriateness of this Contract Franchise or any present or future laws, ordinances, or rulings which may be the basis for the City and the Grantee entering into this Contract Franchise.
SECTION 8. Force Majeure. Each and every provision hereof shall be reasonably subject to acts of God, fires, strikes, riots, floods, war and other disasters beyond the control of Grantee or the City.
SECTION 9. Non-Waiver of Default. The failure of either the City or Grantee to insist in any one or more instances upon the strict performance of any one or more of the terms or provisions of this Contract Franchise shall not be construed as a waiver or relinquishment for the future of any such term or provision, and the same shall continue in full force and effect. No waiver or relinquishment shall be deemed to have been made by the City or the Grantee unless said waiver or relinquishment is in writing and signed by both the City and the Grantee.
SECTION 10. Termination or Forfeiture of Franchise. In the event of the failure of Grantee to comply with any of the provisions of this Contract Franchise, or in the event Grantee shall do or cause to be done any act or thing prohibited by or in violation of the terms of this Contract Franchise, then Grantee shall forfeit all rights, privileges and franchise granted herein, and all such rights, privileges and franchise hereunder shall cease, terminate and become null and void, and this Contract Franchise shall be deemed revoked or terminated; provided, however, that any such forfeiture and termination shall not be effective until the completion of the following proceedings:
(a) The City shall serve upon Grantee a written notice setting forth in detail the basis of the default under the Contract Franchise, and Grantee shall have sixty (60) days after the date of such notice to correct any such default.
(b) If after the end of the sixty (60) day period the City deems the default not to have been properly corrected and that the franchise should be forfeited and terminated, such determination shall be made by action of a majority vote of the members of the City governing body considering the same; provided, however, that Grantee shall be given reasonable advance notice of the date, time and location of the meeting of the City governing body at which such action is to be considered, and Grantee shall have the right to address the governing body regarding such matters in advance of the making of such determination.
(c) The franchise shall be forfeited and terminated thirty (30) days following the vote of the City governing body unless within such time Grantee has commenced an action in a court of competent jurisdiction to appeal such decision of the governing body. In the event such an appeal is commenced and is prosecuted with due diligence, the franchise shall not be forfeited and terminated until any judgment in support thereof has become final and any available rights of appeals have been exhausted.
(d) The failure of Grantee to comply with any of the provisions of this Contract Franchise or the doing or causing to be done by Grantee of anything prohibited by or in violation of the terms of this Contract Franchise shall not be a ground for the revocation or termination thereof when such act or omission on the part of Grantee is due to any cause or delay beyond the control of Grantee or to bona fide legal proceedings.
(e) Nothing herein shall prevent the City or the Grantee from invoking any other remedy which may otherwise exist at law or in equity.
SECTION 11. Notices. Grantee shall at all times maintain with the City a local point of contact who shall be available at all times to act on behalf of Grantee in the event of an emergency. Grantee shall provide the City with the name, address, telephone number, fax number and e-mail address of its local contact. Emergency notice by the City to the Grantee may be made to the local contact by telephone, fax or e-mail. Emergency notice by Grantee to the City may be made by telephone, fax or email to the Director of Public Works or to the City Manager. All other notices between the parties shall be in writing and shall be made by personal delivery, depositing such notice in the U.S. Mail, Certified Mail, return receipt requested, or by facsimile. Any notice served by U.S. Mail, Certified Mail, return receipt requested, shall be deemed delivered five (5) calendar days after the date of such deposit in the U.S. Mail unless otherwise provided. Any notice given by facsimile is deemed received by the next business day. “Business day” for purposes of this section shall mean Monday through Friday, excluding however City and Grantee observed holidays. Unless or until written notice is given otherwise, the designated representative of each of the parties for purpose of the giving of written notice shall be as follows:

Grantee: City:
Birch Communications City of Derby, Kansas
Christopher Bunce, Vice President Kathleen B. Sexton,
2300 Main Street, Suite 600 City Manager
Kansas City, Missouri 64108 611 Mulberry
Phone: (816) 300-3322 Derby, KS 67037
Email: chris.bunce@birch.com Phone: (316) 788-3132
Fax: (316) 7886067
Email: kathysexton
@derbyweb.com

SECTION 12. Severability; Invalidity.
(a) The Grantee has entered into this Contract Franchise as required by the City and K.S.A. 12-2001. If any clause, sentence, section or provision of K.S.A. 12-2001, and amendments thereto, shall be held to be invalid by a court of competent jurisdiction, either the City or Grantee may elect to terminate the entire Contract Franchise. In the event of such invalidity, and if Grantee is required by law to enter into a Contract Franchise with the City, the parties agree to act in good faith in promptly negotiating a new Contract Franchise.
(b) If any clause, sentence, or section of this Contract Franchise, or any portion thereof, shall be held to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remainder, as a whole or any part thereof, other than the part declared invalid; provided, that the City or Grantee may elect to declare the entire Contract Franchise to be invalidated if the portion declared invalid is, in the judgment of the City or Grantee, an essential part of the Contract Franchise.
SECTION 13. Confidentiality. Information provided to the City under K.S.A. 12-2001 shall be governed by confidentiality procedures in compliance with K.S.A. 45-215 and 66-1220a, et seq., and amendments thereto. Grantee agrees to indemnify and hold the City harmless from any and all penalties or costs, including attorney’s fees, arising from the actions of Grantee, or of the City at the written request of Grantee, in seeking to safeguard the confidentiality of information provided by Grantee to the City under this Contract Franchise.
SECTION 14. Effective Date. This ordinance shall take effect and be in force from and after its publication in the official City newspaper.
PASSED AND ADOPTED this 10th day of August, 2010.
CITY OF DERBY, KANSAS
Dion P. Avello, Mayor
ATTEST:
Jean Epperson, City Clerk
Approved as to form:
Philip H. Alexander, City Attorney

(Published in The Derby Informer August 18, 2010)

Passed: August 10, 2010
Published: August 18, 2010
ORDINANCE NO. 2031
AN ORDINANCE AMENDING chapter 15.04 OF THE DERBY MUNICIPAL CODE, PERTAINING TO regulaton of construction trades and providing for certification and licensure of persons engaged in construction trades within the City; AND REPEALING ORIGINAL chapter 15.04 OF SAID CODE.
NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF DERBY, KANSAS:
Section 1. Chapter 15.04 of the Derby Municipal Code is hereby amended to read as follows:
15.04.010 License/Certificate -- Classification.
There shall be established the following licenses and associated certificates for building construction and trades:
License Category Requirements City of Derby Certificates
Class A General Contractor Passing Grade - ICC Test None
Class B General Contractor Passing Grade - ICC Test None
Class C General Contractor Passing Grade - ICC Test None
Class D General Contractor None None
Concrete Flatwork Contractor None None
Drain Layer Contractor None None
Electrical Contractor One employee with Master Certificate & State Master Electrician
approved continuing education. Journeyman Electrician
Fire Alarm Contractor Registration with State Fire Marshall None
Fire Sprinkler Contractor NICET Level 3 Installer None
Lawn Sprinkler Contractor Kansas Dept. of Health Backflow Tester None
Certification
Mechanical Contractor One employee with Master Certificate & State Master Mechanical
approved continuing education. Journeyman Mechanical
Plumbing Contractor One employee with Master Certificate & State Master Plumber
approved continuing education. Journeyman Plumber
Roofing Contractor Passing Grade - ICC Test None
Siding Contractor None None
Swimming Pool Contractor None None
Well Driller Contractor State of Kansas License None
15.04.020 Definitions.
Where used in this title, the following terms shall have the meanings ascribed to them in this section unless the context clearly requires otherwise:
“Apprentice” means an employee or agent of a contractor, but who does not hold a certificate required by this chapter but works under the direct supervision and in the immediate presence of a current master or journeyman.
“Building trades official” means the building trades official for the City.
“City” means the City of Derby, Kansas.
“Concrete Flatwork Contractor” means a person whose services are limited to the execution of contracts requiring the experience, knowledge and skill necessary to form, place, finish, install, repair, maintain, and replace any concrete on grade, including slabs, walks, driveways, pavers patios and similar items.
“Contractor” or “licensee” means a person who holds of a valid license issued by the City pursuant to this chapter.
“Director “ means the Director of Community Development, or a designee authorized to perform one or more duties of the Director.
“Drain layer contractor” means a person licensed hereunder and engaged only in installation, repair and maintenance of building sewers and appurtenances.
“Electrical contractor” means a person licensed hereunder and engaged in installation, maintenance, repair, or operation of electrical equipment and circuitry.
“Fire alarm contractor” means engages person licensed hereunder and engaged only in the installation, repair, and maintenance of fire alarm systems and appurtenances. Fire Alarm Contractors shall be registered with the Kansas State Fire Marshall.
“Fire sprinkler contractor” means a person authorized to contract for and perform any act required for installation, maintenance, and repair of piping for fire sprinkler systems, including the connection thereof to a water service outlet provided for fire sprinkler systems.
“General contractor, Class A,” means a person authorized to contract for and perform any act required for construction, reconstruction, remodeling or repair of a commercial or residential structure.
“General contractor, Class B,” means a person authorized to contract for and perform any act required for the construction, reconstruction, remodeling or repairing of a commercial or residential structure of three or fewer stories.
“General contractor, Class C,” means a person authorized to contract for and perform any act required for construction, reconstruction, remodeling or repair of one and two family residential structures.
“General contractor, Class D,” means a person authorized to contract for and perform any act required for construction, reconstruction, maintenance, or repair of nonstructural components of existing structures, structures requiring an accessory permit, limited masonry work and wrecking or demolition of structures, but does not include any electrical, plumbing or HVAC work.
“Journeyman” means a person who is the holder of a journeyman certificate issued by the City, and works under the direction of a qualified master. No journeyman shall supervise more than three apprentices at any time and must be on site with apprentices at all times.
“Lawn sprinkler contractor” means a person authorized to contract for and perform any act, other than drilling of a well, required for installation, service and maintenance of lawn sprinkler systems.
“Master” means a person holding a valid master’s certificate issued by the City. No master shall supervise more than three apprentices at any time and must be on site with apprentices at all times.
“Mechanical contractor” means a person authorized to contract for or perform any act required for installation, service and maintenance of ventilation, air conditioning, heating and refrigeration systems.
“Person” means any natural person and any corporation, partnership or other entity.
“Plumbing contractor” means a person authorized to contract for or perform any act required for installation, construction, reconstruction, maintenance or repair of plumbing or gas systems, including swimming pools and lawn sprinkler systems.
“Roofing Contractor” a person authorized to contract for and perform any act required for repair or installation of roofing material made of slate, metal, asphalt or other approved materials.
“Siding Contractor” a person authorized to contract for and perform any act required for repair or installation of siding material made of metal, vinyl, wood or other approved materials.
“Swimming pool contractor” means a person authorized to contract for and perform any act required for construction, reconstruction, maintenance or repair of swimming pools, including appurtenant pumps, pool heaters, solar pool heaters, filters, chlorinators, piping, and concrete.
“Well Driller” means a person authorized to contract for and perform any act required for installation, construction, reconstruction, maintenance and repair of a water well, but does not include installation, repair or maintenance of law sprinkler systems.
15.04.030 License/Certificate -- Required.
It shall be unlawful for any person not holding a valid license or certificate required by this chapter to engage in the trade of building within or on any premises within the City.
Licenses and certificates issued pursuant to this chapter shall be valid for a twenty four (24) month period commencing on the date of issuance unless sooner renewed, surrendered or revoked.
15.04.040 Licenses and Certificates -- Application -- Requirements.
Any person seeking a license or certificate pursuant to this chapter shall make application therefor on a form provided by the City and shall pay any fee established by resolution of the City.
The City recognizes the ICC Test or other examinations as provided by state law. All applicants for licensure hereunder shall evidence of passing the test as required by Kansas law.
The building trades official may accept, in lieu of examination, a current license or certificate issued to the applicant by another city, county or state requiring qualifications equivalent to those required by Kansas law.
No license shall be issued to an applicant that does not meet the requirements listed in Paragraph 15.04.010 herein. Plumbing, electrical and mechanical contractors shall complete not less than 6 hours of continuing education in their specialty annually, including 3 hours dedicated to code education as required by state law and, shall provide proof thereof upon application for a new or renewal license hereunder.
15.04.050 Licenses and Certificates -- Transferability.
No licensee shall permit or allow his, her or its license to be used by any unqualified person to perform work regulated by this title.
No holder of a license or certificate issued pursuant to this chapter shall transfer or attempt to transfer the same to any other person.
In addition to any criminal sanctions established by City ordinance, violation of any provision of this section shall be grounds for revocation of any certificates license issued hereunder.
15.04.060 License/Certificate -- Display required.
It is the duty of every qualified Derby certificate holder doing work in the City to show his or her certificate to any City official, City inspector or police officer who requests to see same.
15.04.070 License/Certificate -- Suspension.
A. The Building Trades Official is authorized to suspend the certificate/license granted pursuant to this title for a period not to exceed thirty days for violations of this title, including items listed within the revocation section, any other City ordinance, or for failing to comply with any lawful order issued pursuant to this title.
B. Prior to any such suspension, the Building Trades Official shall provide to the certificate holder seven days’ written notice setting forth reasons for the suspension. However, if the Director finds that cause does exist for imminent danger to the public then he/she may enter an order for immediate suspension of such license and/or certificate pending further investigation or appeal.
C. The certificate holder shall have the right to appeal the order of suspension to the board of construction, trades and appeals (the “BCTA”) by filing a written appeal with the office of the Building Trades Official on or before the effective date of the suspension.
D. An appeal taken from an order of the Building Trades Official shall stay the order of suspension until the appeal is determined by the BCTA. Any appeal to district court shall not stay the order.
E. Whenever the certificate of any person is suspended twice within any twelve-month period, the BCTA shall call a hearing to determine if such certificate should be revoked or reinstated.
15.04.080 License/Certificate -- Suspension or Revocation.
The board of construction, trades and appeals (BCTA) may suspend or revoke any license or certificate issued pursuant to this chapter for any of the following:
Any act or omission in violation of any provision of this title or any other ordinance of the City, or the refusal or failure to comply with any lawful and reasonable order of the Building Trades Official or his or her designee;
Misrepresentation of a material fact on any application or other instrument required to be included with an application;
Failure to provide reasonable safety measures for the protection of the public;
Abandonment of any contract without just cause;
Diversion of funds or property received for performance or completion of a specific contract for a specified purpose; application or use of such funds or property for any other contract, obligation or purpose; or failure, neglect or refusal to use such funds or property for the purpose paid or tendered;
Failure to obtain any permit required pursuant to this title;
Unreasonable delay in performance of a contract; or
Failure by the licensee to have at least one active member, officer or employee who possesses a valid master’s certificate as required hereby.
15.04.090 Insurance.
Every contractor licensed pursuant to this chapter shall procure and maintain a policy of general liability insurance covering his, her or its activities while engaged in activity for which a license is required. Such insurance policy shall be written with an insurance company licensed to do business in the state and shall have minimum limits of coverage of five hundred thousand dollars ($500,000.00) per occurrence. In addition, every such contractor shall procure and maintain worker’s compensation insurance and automobile liability insurance as required by law. No license shall be issued hereunder before the applicant therefor has submitted to the City certificates evidencing such insurance.
15.04.100 Building Permits -- Issuance.
Except as otherwise provided in this section, no building permit shall be issued to a person who is not licensed pursuant to this chapter to perform the type of work described in the permit application.
A building permit for construction, reconstruction or modification of a single-family residential structure or a structure accessory thereto may be issued when:
The applicant is the record owner of the property upon which such structure is or is to be located;
The applicant actually resides in such structure or in a principal structure located on the same property, or will reside therein upon completion of the work for which the permit is issued; and
The building permit application is accompanied by a detailed plan for the work, which plan is acceptable to and approved by the building trades official.
Any such permit may include installation of electrical, gas or sanitary sewer service lines connecting the structure to the utility’s facilities; provided, that installation of all such service lines shall be performed by a contractor licensed pursuant to this chapter.
Notwithstanding any other provision of this chapter, no building permit shall be issued for work to be performed on or within a residential property originally constructed before 1978 unless the application therefor is accompanied by an instrument, signed by the owner or occupant of the property where the work is to be performed, confirming receipt of an EPA pamphlet titled “Protect Your Family From Lead In Your Home.”
15.04.110 Fee refunds.
The Director may authorize refund of a fee paid pursuant to this chapter under the following circumstances only:
The full amount of any fee erroneously collected;
The full amount of a permit fee, less a $25 administrative fee, when no construction has been done under a building permit issued hereunder;
The full amount of a plan review fee, less a $25 administrative fee, when a permit application is withdrawn or permit canceled before plan review effort has commenced;
No refund of a fee paid pursuant to this chapter shall be made except upon written application therefor, filed by the permittee or plan review applicant within one hundred eighty (180) days after the date of payment of such fee.
15.04.120 Stop work orders.
Upon notice from the Director, any work done or being done contrary to or in violation of any provision of this title, any building or trade code or regulation adopted by the City, or in a dangerous or unsafe manner shall immediately cease. Such notice shall be in writing and shall be given to the owner of the property, the owner’s agent, or the person doing the work. The notice shall state the conditions under which work is authorized to resume. When an eminent threat to life, health or property exists, such notice may require that work cease immediately.
No person shall continue any work in or about a structure after having been served with a written or oral stop work order, provided, that such notice may direct any additional work necessary to cure a violation or correct an unsafe condition.
15.04.130 Violations and penalties.
Any person who violates any provision of this title shall be punished by a fine not to exceed $1,000, imprisonment for not to exceed 30 days, or by both such fine and imprisonment.
Each day that a violation continues after service of a notice required or authorized hereunder shall be deemed a separate offense.
Section 2. Original Chapter 15.04 of the Derby Municipal Code is hereby repealed.
Section 3. This ordinance shall take effect and be in force from and after its adoption and publication once in the official city newspaper.
PASSED BY THE GOVERNING BODY this 10th day of August, 2010.
Dion P. Avello, Mayor
ATTEST:
Jean Epperson, City Clerk
Approved as to form:
Philip H. Alexander, City Attorney

(Published in The Derby Informer August 18, 2010)

Passed: August 10, 2010
Published: August 18, 2010
ORDINANCE NO. 2030
AN ORDINANCE AMENDING § 8.48.030 OF THE DERBY MUNICIPAL CODE, PROHIBITING SMOKING IN PUBLIC PLACES AND PLACES OF EMPLOYEMENT, SUBJECT TO CERTAIN EXCEPTIONS; AND REPEALING ORIGINAL §8.48.030 OF SAID CODE.
NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF DERBY, KANSAS:
Section 1. Section 8.48.030 of the Derby Municipal Code is hereby amended to read as follows:
8.48.030 Smoking prohibited in public places and places of employment.
A. Except as otherwise provided in this section, no person shall smoke in any public place or place of employment within the City.
B. Subsection A hereof shall not apply to:
1. Rooms or areas enclosed by walls, windows or doorways, having neither a ceiling nor a roof and which are completely open to the elements and weather at all times;
2. Rooms or areas enclosed by walls, fences, windows or doorways and a roof or ceiling, having openings that are permanently open to the elements and weather, the area of which is equal to at least 30% of the total perimeter wall area of such room or area; and
3. Within a class A club, as defined in K.S.A. 41-2601 and amendments thereto, which held a license pursuant to K.S.A. 41-2606 et seq., and amendments thereto, as of January 1, 2009, rooms or areas enclosed by walls, fences, windows or doorways and a roof or ceiling, having openings that are permanently open to the elements and weather, the area of which is equal to at least 10% of the total perimeter wall area of such room or area.
Section 2. Original §8.48.030 of the Derby Municipal Code is hereby repealed.
Section 3. This Ordinance shall be effective from and after its publication once in the official City newspaper.
ADOPTED BY THE GOVERNING BODY this 10th day of August, 2010.
Dion P. Avello, Mayor
ATTEST:
Jean Epperson, City Clerk
Approved as to form:
Philip H. Alexander, City Attorney

(Published in The Derby Informer August 18, 2010)

GILMORE & BELL, P.C.
07/28/2010
(Published in
The Derby Weekly Informer, on August 18, 2010)
RESOLUTION NO. 39-2010
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 (SANITARY SEWER IMPROVEMENTS/DERBY KINGDOM HALL ADDITION/TANGLEWOOD CHURCH OF CHRIST ADDITION/UNPLATTED TRACT NO. 1).
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 eight inch (8”) sanitary sewer improvements to serve Lot 1, Derby Kingdom Hall Addition, Lot 1, Tanglewood Church of Christ Addition and an Unplatted Tract No. 1, described as the West 208.71 feet of the East 608.02 feet of the North 893 feet of the NE 1/4, Section 18, Township 29, Range 2E, except the North 208.72 feet, in accordance with the City of Derby Standards (the “Improvements”).
(b) The estimated or probable cost of the Improvements is: $69,000, 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:
Lot 1, Derby Kingdom Hall Addition, Lot 1, Tanglewood Church of Christ Addition and an Unplatted Tract No. 1, described as the West 208.71 feet of the East 608.02 feet of the North 893 feet of the NE 1/4, Section 18, Township 29, Range 2E, except the North 208.72 feet.
(d) The method of assessment is on a fractional basis, as follows: Lot 1, Derby Kingdom Hall Addition, shall be assessed 44.92% of the costs of the Improvements; Lot 1, Tanglewood Church of Christ Addition, shall be assessed 21.75% of the costs of the Improvements; and an Unplatted Tract No. 1, described as the West 208.71 feet of the East 608.02 feet of the North 893 feet of the NE 1/4, Section 18, Township 29, Range 2E, except the North 208.72 feet, shall be assessed 33.33% of the costs of the Improvements.
(e) The apportionment of the cost 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.
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 August 10, 2010.
(Seal)
Dion P. Avello, Mayor
Jean Epperson, City Clerk

(Published in The Derby Informer August 18, 2010)

Passed: 8/10/10
Published: 8/18/10
ORDINANCE NO. 2033
AN ORDINANCE LEVYING AS SPECIAL ASSESMENTS UPON CERTAIN REAL PROPERTY, HEREINAFTER DESCRIBED, DIRECT AND INDIRECT COSTS INCURRED BY THE CITY IN MOWING GRASS, CUTTING WEEDS, REMOVING DEBRIS OR OTHERWISE ABATING NUISANCES FOUND TO EXIST THEREON.
WHEREAS, the City of Derby has incurred certain costs in abating nuisances found to exist upon certain real property located within the City; and
WHEREAS, the City is authorized to recover so much of such costs as remains unpaid by levying the same as special assessments against the respective lots and parcels upon which such remedial work was performed by or on behalf of the City;
NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF DERBY, KANSAS:
Section 1. The sums set out opposite the following lots and parcels of land should be, and the same are hereby, levied as special assessments upon such lots and parcels to pay the cost incurred by the City in mowing grass, cutting weeds, removing debris, or otherwise abating nuisances found to exist thereon during the year 2010:

Legal Description: Assessment:

RODY 06956 $104.00
Lot 4 EXC S 52 FT Block 1 Hilltop Plaza Addition
City of Derby, Sedgwick County, Kansas
Address: 1257 Rock Road
Owner of record at time nuisance abated: Asem Development, LLC

RIDY 00494 $158.00
Lot 2 Block 5 Replat of Pt of North Village Addition
City of Derby, Sedgwick County, Kansas
Address: 407 Pecan
Owner of record at time nuisance abated: Mary Robinson

RIDY 01068 $108.50
Lot 3 Block 5 Ridge Point 4th Addition
City of Derby, Sedgwick County, Kansas
Address: 512 Wild Plum
Owner of record at time nuisance abated: Betty Troung

RODY 02717 $106.25
Lot 98 Block A Derby Hills East Addition
City of Derby, Sedgwick County, Kansas
Address: 1101 James
Owner of record at time nuisance abated: Barry & Lori Seal

RODY 00323 $117.50
Lot 5 Block 5 El Paso Acres Addition
City of Derby, Sedgwick County, Kansas
Address: 824 El Paso
Owner of record at time nuisance abated: Joseph Rogers

RODY 05954 $140.00
Lot 36 Block 2 Southcrest 2nd Addition
City of Derby, Sedgwick County, Kansas
Address: 1012 Hawthorne Ct.
Owner of record at time nuisance abated: Cedar Creek Construction, Inc.

RODY 00545 $95.00
Lot 15 Block 1 Pleasantview 3rd Addition
City of Derby, Sedgwick County, Kansas
Address: 1431 N. Baltimore
Owner of record at time nuisance abated: Marlyn & Michelle Rehburg

RIDY 01220 $668.78
Lot 5 Block 3 Duckcreek 2nd Addition
City of Derby, Sedgwick County, Kansas
Address: 223 W. Hunter
Owner of record at time nuisance abated: Jared Rush & Krista Boswell

RODY 01340 $95.00
Lot 5 Block 8 Pleasantview 2nd Addition
City of Derby, Sedgwick County, Kansas
Address: 1232 El Paso
Owner of record at time nuisance abated: Robert & Christy Davis

RODY 00613 $95.00
Lot 4 Block 4 Pleasantview 3rd Addition
City of Derby, Sedgwick County, Kansas
Address: 1440 N. Georgie
Owner of record at time nuisance abated: Melissa & Matthew McGlothlin

Section 2. This Ordinance shall be effective from and after its publication once in the official City newspaper.
PASSED BY THE GOVERNING BODY of the City of Derby, Kansas, this 10th day of August, 2010.
Dion P. Avello, Mayor
ATTEST:
Jean Epperson, City Clerk
Approved as to form:

(Published in The Derby Informer August 18, 2010)

NOTICE OF SUIT

THE STATE OF KANSAS TO ALL WHO ARE OR MAY BE CONCERNED: You are hereby notified that Petitioner has filed in the Eighteenth Judicial District a Petition
to Change Name from Ashlee Tia Eboneé Thomas to Chance Tia Eboneé Thomas and that said Petition will be heard or assigned by Judge Tim Lahey on the 6th Floor of the Sedgwick County Courthouse, Wichita, Kansas, on the 13th day of September, 2010. If you have any objection to the requested name change, you are required to file a responsive pleading or appear at the hearing and object to the requested name change. If you fail to act, judgement and decree may be entered in due course upon said Petition.

I am requesting that my legal name be changed from Claire Grace Gordon to Tammy Lynn Hudspeth. The hearing will be on Sept. 13, 2010 on the 6th Floor of the Sedgwick County Courthouse, 525 N. Main, Wichita, Kansas, 67203.

Notice of Disposal
To: Nicole Granthem, Calvin Daniels, Jeremy Karlin, David Underwood, WB Brown, Eva/Jerry Howell.
You are hereby notified that abandoned storage lots of OK Transfer LLC, 820 E. Zimmerly, Wichita, KS. will be disposed of to satisfy unpaid debt on or after Sept. 1, 2010.