Legal Publications

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


(Published in The Derby Informer May 14, 2008)

ORDINANCE NO. 1933
AN ORDINANCE CHANGING THE ZONING DISTRICT CLASSIFICATION OF CERTAIN LANDS LOCATED IN THE CITY OF DERBY, KANSAS, AND AMENDING THE OFFICIAL ZONING MAP OR MAPS OF THE CITY UNDER THE AUTHORITY GRANTED BY THE ZONING REGULATIONS OF THE CITY.
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF DERBY, KANSAS:
SECTION 1. Having received a recommendation from the City Planning Commission and proper notice having been given and hearing held as provided by law and under authority and subject to the provisions of the Zoning Regulations of the City, the zoning district classification of the lands legally described hereby are changed as follows:
“R-1” SINGLE-FAMILY RESIDENTIAL DISTRICT TO THE “B-5” RESTRICTED COMMERCIAL, WAREHOUSING, LIMITED MANUFACTURING DISTRICT
The W 1/2 of the NE ¼ of Sec. 25, Twp. 28-S, R-1-E of the 6th P.M., Sedgwick County, Kansas, except the north 60.00 feet thereof, TOGETHER with the E ½ of the NW ¼ of said Sec. 25 except the north60 feet thereof, and except a tract of land described in Statutory Warranty Deed recorded in Film 1907, Page 2081, and further described as follows: Beginning at a point 285 feet west of the NE corner of the E ½ of the NW ¼ of Sec. 25, Twp. 28-S, R-1-E of the 6th P.M.; thence south parallel with the east line of said E ½, 687.06 feet; thence west parallel with the north line of said E ½, 317 feet; thence north 687.06 feet to the north line of said E ½, thence east 317 feet to the place of beginning, TOGETHER with the W ½ of the NW ¼ of Sec. 25, Twp. 28-S, R-1-E of the 6th P.M., Sedgwick County, Kansas, except the north 60.00 feet thereof, and TOGETHER with that part of the N ½ of the SW ¼ of said Sec. 25 lying northerly and northeasterly of Buckner as dedicated in Film 1893, Pages 786-788, all being subject to road rights-of-way of record.
Now platted as Lots 1-16, Block A; Lots 1-10, Block B; and Lots 1-15, Block C, Derby Corporate Park Addition.
Generally located south of 55th Street South and east of Buckner / Oliver Streets.
SECTION 2. If any part or parts of this Ordinance shall be held invalid, such invalidity shall not affect the validity of the remaining parts of this Ordinance. The Governing Body hereby declares that is would have passes the remaining parts of this Ordinance if it had known that such other part or parts hereof would be declared invalid.
SECTION 3. 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 of the City of Derby, Kansas, this 22nd day of April, 2008.
Dion P. Avello, Mayor
ATTEST:
Jean Epperson, City Clerk

(Published in The Derby Informer May 7, 2008)

ORDINANCE NO. 1931
AN ORDINANCE CHANGING THE ZONING DISTRICT CLASSIFICATION OF CERTAIN LANDS LOCATED IN THE CITY OF DERBY, KANSAS, AND AMENDING THE OFFICIAL ZONING MAP OR MAPS OF THE CITY UNDER THE AUTHORITY GRANTED BY THE ZONING REGULATIONS OF THE CITY.
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF DERBY, KANSAS:
SECTION 1. Having received a recommendation from the City Planning Commission and proper notice having been given and hearing held as provided by law and under authority and subject to the provisions of the Zoning Regulations of the City, the zoning district classification of the lands legally described hereby are changed as follows:
“R-1” SINGLE-FAMILY RESIDENTIAL DISTRICT TO THE “B-1” OFFICE BUSINESS DISTRICT
A tract of land in the NE ¼ Section 5, T29S, R2E of the 6th P.M., Sedgwick County, Kansas, described as follows: Commencing at the NE corner of the W ½ of the W ½ of said NE 1/4; thence S0o15’19”W along the east line of said W ½ of the W ½ of said NE ¼, 60 feet to a point of beginning; thence S0o15’19”W along said east line of said W ½ of the W ½ of said NE ¼, 427.74 feet; thence S87o51’03”W, 287.98 feet; thence N13o20’22”W, 91.07 feet; thence along a curve to the right, having a radius of 200.00 feet (a chord bearing of N00o04’36”E and a length of 92.81 feet), a distance of 93.66 feet; thence N13o29’34”E, 84.90 feet; thence along a curve to the left, having a radius of 300 feet (a chord bearing of N06o33’31”E and a length of 72.44 feet), a distance of 72.62 feet; thence N00o22’33”W, 102.41 feet; thence N90o00’00”E, parallel with the north line of said NE ¼ , 283.16 feet to the point of beginning, containing 2.9 acres, more or less.
Now platted as Lots 10 & 11, Block B, Hamilton Estates.
“R-1” SINGLE-FAMILY RESIDENTIAL DISTRICT TO THE “PUD” PLANNED UNIT RESIDENTIAL DISTRICT
A tract of land in the NE ¼ Section 5, T29S, R2E of the 6th P.M., Sedgwick County, Kansas, described as follows: Commencing at the NW corner of said NE 1/4; thence S0o 31’44”W along the west line of said NE ¼, 60.00 feet to a point of beginning; thence continuing S0o 31’44”W along said west line of said NE ¼ , 1,217.76 feet; thence S00o 17’31”W, 150.00 feet; thence S89o 27’06”E, 4.73 feet; thence along a curve to the right, having a radius of 125 feet (a chord bearing of S76o 39’16”E and a length of 72.44 feet), a distance of 55.84 feet; thence S63o 51’26”E, 227.22 feet; thence along a curve to the left, having a radius of 130 feet (a chord bearing of N85o 26’59”E and a length of 132.71 feet), a distance of 139.28 feet; thence N54o 45’23”E, 193.41 feet; thence along a curve to the right having a radius of 130 feet (a chord bearing N72o30’21”E and a length of 79.26 feet) a distance of 80.54 feet; thence S89o44’41”E, 30.51 feet; thence N0o15’19”E, 907.09 feet; thence S87o51’03”W, 287.98 feet; thence N13o20’22”W, 91.07 feet; thence along a curve to the right, having a radius of 200.00 feet (a chord bearing of N00o04’36”E and a length of 92.81 feet) a distance of 93.66 feet; thence N13o29’34”E, 84.90 feet; thence along a curve to the left, having a radius of 300 feet (a chord bearing of N06o33’31”E and a length of 72.44 feet) a distance of 72.62 feet; thence N00o22’33”W, 102.41 feet; thence N90o00’00”W, parallel with the north line of said NE ¼ , 369.74 feet to the point of beginning, containing 18.4 acres, more or less.
Now platted as Lots 1-8, Block A; Lots 1-9, Block B; and Reserve A, Hamilton Estates.
Generally located on the south side of Meadowlark Boulevard between Rock Road and Spring Ridge Drive.
SECTION 2. Upon the effective date of this Ordinance, the above zoning change shall be entered and shown on the Official Zoning Map(s) as previously adopted by reference and said map(s), as amended, is hereby reincorporated as a part of the Zoning Regulations as amended.
SECTION 3. This Ordinance shall take effect and be in force and effect from and after its passage and publication once in the official City newspaper.
ADOPTED by the Governing Body of the City of Derby, Kansas, this 27th day of November, 2007.
Dion P. Avello, Mayor
ATTEST:
Jean Epperson, City Clerk

(Published in The Derby Informer April 30, 2008)

RESOLUTION NO. 22-2008
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-PHASE XID/THE OAKS 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 eight inch (8") sanitary sewer improvements on Newberry from south line of Lot 4, Block A, north to the south line of 63rd Street South, in accordance with the City of Derby Standard specifications (the “Improvements”).
(b) The estimated or probable cost of the Improvements is: $130,000, 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 2 and 3, Block A; and Lots 1 through 4, Block B, The Oaks Addition to the City of Derby, Sedgwick County, Kansas; and Lot 4, Block A, The Oaks Addition to the City of Derby, Sedgwick County, Kansas, EXCEPT the south 190 feet thereof and EXCEPT that part of said Lot 4 described as follows: Beginning at the SE corner of Lot 5, in said Block A; thence S08º02’42”E along the east line of said Lot 4, 75.86 feet to a deflection corner in said east line; thence S00º29’09”W along the east line of said Lot 4, 159.52 feet; thence N89º59’45”W parallel with the south line of said Lot 5, 260.01 feet to the intersection with the southerly extension of the west line of said Lot 5; thence N00º29’09”E along the southerly extension of the west line of said Lot 5, 234.64 feet to the SW corner of said Lot 5; thence S89º59’45”E along the south line of said Lot 5, 248.76 feet to the point of beginning (“Parcel C”).
(d) The method of assessment is:
Lot 2, Block A, The Oaks Addition to the City of Derby, Sedgwick County, Kansas, shall pay 7/100 of the total costs of the Improvements, Lot 3, Block A, The Oaks Addition to the City of Derby, Sedgwick County, Kansas, shall pay 8/100 of the total costs of the Improvements, Parcel C shall pay 61/100 of the total costs of the Improvements, Lots 1 and 2, Block B, The Oaks Addition to the City of Derby, Sedgwick County, Kansas, shall each pay 5/100 of the total costs of the Improvements, Lot 3, Block B, The Oaks Addition to the City of Derby, Sedgwick County, Kansas, shall pay 6/100 of the total costs of the Improvements, and Lot 4, Block B, The Oaks Addition to the City of Derby, Sedgwick County, Kansas, shall pay 8/100 of the total 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. Repealer. Resolution No. 50-2003 of the City is hereby repealed.
Section 5. 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 April 22, 2008.
(Seal)
Dion P. Avello, Mayor
Jean Epperson, City Clerk

(Published in The Derby Informer April 30, 2008)

RESOLUTION NO. 23-2008
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 (WATER MAIN IMPROVEMENTS-PHASE XIA/THE OAKS 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 a twelve inch (12”) water main extension in Cambridge from Rock Road to Newberry and in Newberry from Tall Tree Road to a point 184.26 feet north of the north line of Cambridge, in accordance with the City of Derby Standard specifications (the “Improvements”).
(b) The estimated or probable cost of the Improvements is: $156,000, 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, Block A; the South 190 feet of Lot 4, Block A; Lots 5 and 6, Block B; Lots 1, 3 and 4, Block C, The Oaks Addition to the City of Derby, Sedgwick County, Kansas; Lot 2, Block C, The Oaks Addition to the City of Derby, Sedgwick County, Kansas, EXCEPT that part described as follows: Beginning at the NW corner of Lot 1 in said Block C; thence S00º29’09”W along the west line of said Lot 1, 187.94 feet; thence N89º30’51”W, 340.17 feet to a point on the west line of said Lot 2; thence N01º06’28”W along the west line of said Lot 2, 180.48 feet to the NW corner of said Lot 2; thence N88º53’32”E along the north line of said Lot 2, 270.78 feet to a deflection corner in said north line; thence S89º30’51”E along the north line of said Lot 2, 74.51 feet to the point of beginning (“Parcel A”); and That part of Lot 2, Block C, The Oaks Addition to the City of Derby, Sedgwick County, Kansas described as follows: Beginning at the NW corner of Lot 1 in said Block C; thence S00º29’09”W along the west line of said Lot 1, 187.94 feet; thence N89º30’51”W, 340.17 feet to a point on the west line of said Lot 2; thence N01º06’28”W along the west line of said Lot 2, 180.48 feet to the NW corner of said Lot 2; thence N88º53’32”E along the north line of said Lot 2, 270.78 feet to a deflection corner in said north line; thence S89º30’51”E along the north of said Lot 2, 74.51 feel to the point of beginning (“Parcel B”).
(d) The method of assessment is:
Lot 1, Block A, The Oaks Addition to the City of Derby, Sedgwick County, Kansas, shall pay 35/1,000 of the total costs of the Improvements, the south 190 feet of Lot 4, Block A, The Oaks Addition to the City of Derby, Sedgwick County, Kansas, shall pay 51/1,000 of the total costs of the Improvements, Lot 5, Block B, The Oaks Addition to the City of Derby, Sedgwick County, Kansas, shall pay 253/1,000 of the total costs of the Improvements, Lot 6, Block B, The Oaks Addition to the City of Derby, Sedgwick County, Kansas, shall pay 134/1,000 of the total costs of the Improvements, Lot 1, Block C, The Oaks Addition to the City of Derby, Sedgwick County, Kansas, shall pay 35/1,000 of the total costs of the Improvements, Lot 3, Block C, The Oaks Addition to the City of Derby, Sedgwick County, Kansas, shall pay 160/1,000 of the total costs of the Improvements, Lot 4, Block C, The Oaks Addition to the City of Derby, Sedgwick County, Kansas, shall pay 49/1,000 of the total costs of the Improvements; Parcel A shall pay 238/1,000 of the total costs of the Improvements, and Parcel B shall pay 45/1,000 of the total 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. Repealer. Resolution No. 52-2003 of the City is hereby repealed.
Section 5. 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 April 22, 2008.
(Seal)
Dion P. Avello, Mayor
Jean Epperson, City Clerk

(Published in The Derby Informer April 30, 2008)

RESOLUTION NO. 24-2008
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 (STREET IMPROVEMENTS-PHASE XIA/THE OAKS 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 41’ back to back commercial standard pavement on Cambridge from Rock Road to Newberry and on Newberry from Tall Tree Road to a point 184.26 feet north of the north line of Cambridge, including incidental storm sewer construction, as necessary, in accordance with the City of Derby Standard specifications (the “Improvements”).
(b) The estimated or probable cost of the Improvements is: $609,000, 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, Block A; the South 190 feet of Lot 4, Block A; Lots 5 and 6, Block B; Lots 1, 3 and 4, Block C, The Oaks Addition to the City of Derby, Sedgwick County, Kansas; Lot 2, Block C, The Oaks Addition to the City of Derby, Sedgwick County, Kansas, EXCEPT that part described as follows: Beginning at the NW corner of Lot 1 in said Block C; thence S00º29’09”W along the west line of said Lot 1, 187.94 feet; thence N89º30’51”W, 340.17 feet to a point on the west line of said Lot 2; thence N01º06’28”W along the west line of said Lot 2, 180.48 feet to the NW corner of said Lot 2; thence N88º53’32”E along the north line of said Lot 2, 270.78 feet to a deflection corner in said north line; thence S89º30’51”E along the north line of said Lot 2, 74.51 feet to the point of beginning (“Parcel A”); and That part of Lot 2, Block C, The Oaks Addition to the City of Derby, Sedgwick County, Kansas described as follows: Beginning at the NW corner of Lot 1 in said Block C; thence S00º29’09”W along the west line of said Lot 1, 187.94 feet; thence N89º30’51”W, 340.17 feet to a point on the west line of said Lot 2; thence N01º06’28”W along the west line of said Lot 2, 180.48 feet to the NW corner of said Lot 2; thence N88º53’32”E along the north line of said Lot 2, 270.78 feet to a deflection corner in said north line; thence S89º30’51”E along the north of said Lot 2, 74.51 feel to the point of beginning (“Parcel B”).
(d) The method of assessment is:
Lot 1, Block A, The Oaks Addition to the City of Derby, Sedgwick County, Kansas, shall pay 35/1,000 of the total costs of the Improvements, the south 190 feet of Lot 4, Block A, The Oaks Addition to the City of Derby, Sedgwick County, Kansas, shall pay 51/1,000 of the total costs of the Improvements, Lot 5, Block B, The Oaks Addition to the City of Derby, Sedgwick County, Kansas, shall pay 253/1,000 of the total costs of the Improvements, Lot 6, Block B, The Oaks Addition to the City of Derby, Sedgwick County, Kansas, shall pay 134/1,000 of the total costs of the Improvements, Lot 1, Block C, The Oaks Addition to the City of Derby, Sedgwick County, Kansas, shall pay 35/1,000 of the total costs of the Improvements, Lot 3, Block C, The Oaks Addition to the City of Derby, Sedgwick County, Kansas, shall pay 160/1,000 of the total costs of the Improvements, Lot 4, Block C, The Oaks Addition to the City of Derby, Sedgwick County, Kansas, shall pay 49/1,000 of the total costs of the Improvements; Parcel A shall pay 238/1,000 of the total costs of the Improvements, and Parcel B shall pay 45/1,000 of the total 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. Repealer. Resolution No. 53-2003 of the City is hereby repealed.
Section 5. 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 April 22, 2008.
(Seal)
Dion P. Avello, Mayor
Jean Epperson, City Clerk

(Published in The Derby Informer April 30, 2008)

RESOLUTION NO. 25-2008
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 (SIDEWALK IMPROVEMENTS-PHASE XIA/THE OAKS 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 five foot (5’) wide concrete sidewalk on Cambridge from Rock Road to Newberry and in Newberry from Tall Tree Road to a point 184.26 feet north of the north line of Cambridge, in accordance with City of Derby Standards (the “Improvements”).
(b) The estimated or probable cost of the Improvements is: $50,000, 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, Block A; the South 190 feet of Lot 4, Block A; Lots 5 and 6, Block B; Lots 1, 3 and 4, Block C, The Oaks Addition to the City of Derby, Sedgwick County, Kansas; Lot 2, Block C, The Oaks Addition to the City of Derby, Sedgwick County, Kansas, EXCEPT that part described as follows: Beginning at the NW corner of Lot 1 in said Block C; thence S00º29’09”W along the west line of said Lot 1, 187.94 feet; thence N89º30’51”W, 340.17 feet to a point on the west line of said Lot 2; thence N01º06’28”W along the west line of said Lot 2, 180.48 feet to the NW corner of said Lot 2; thence N88º53’32”E along the north line of said Lot 2, 270.78 feet to a deflection corner in said north line; thence S89º30’51”E along the north line of said Lot 2, 74.51 feet to the point of beginning (“Parcel A”); and That part of Lot 2, Block C, The Oaks Addition to the City of Derby, Sedgwick County, Kansas described as follows: Beginning at the NW corner of Lot 1 in said Block C; thence S00º29’09”W along the west line of said Lot 1, 187.94 feet; thence N89º30’51”W, 340.17 feet to a point on the west line of said Lot 2; thence N01º06’28”W along the west line of said Lot 2, 180.48 feet to the NW corner of said Lot 2; thence N88º53’32”E along the north line of said Lot 2, 270.78 feet to a deflection corner in said north line; thence S89º30’51”E along the north of said Lot 2, 74.51 feel to the point of beginning (“Parcel B”).
(d) The method of assessment is:
Lot 1, Block A, The Oaks Addition to the City of Derby, Sedgwick County, Kansas, shall pay 35/1,000 of the total costs of the Improvements, the south 190 feet of Lot 4, Block A, The Oaks Addition to the City of Derby, Sedgwick County, Kansas, shall pay 51/1,000 of the total costs of the Improvements, Lot 5, Block B, The Oaks Addition to the City of Derby, Sedgwick County, Kansas, shall pay 253/1,000 of the total costs of the Improvements, Lot 6, Block B, The Oaks Addition to the City of Derby, Sedgwick County, Kansas, shall pay 134/1,000 of the total costs of the Improvements, Lot 1, Block C, The Oaks Addition to the City of Derby, Sedgwick County, Kansas, shall pay 35/1,000 of the total costs of the Improvements, Lot 3, Block C, The Oaks Addition to the City of Derby, Sedgwick County, Kansas, shall pay 160/1,000 of the total costs of the Improvements, Lot 4, Block C, The Oaks Addition to the City of Derby, Sedgwick County, Kansas, shall pay 49/1,000 of the total costs of the Improvements; Parcel A shall pay 238/1,000 of the total costs of the Improvements, and Parcel B shall pay 45/1,000 of the total 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. Repealer. Resolution No. 55-2003 of the City is hereby repealed.
Section 5. 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 April 22, 2008.
(Seal)
Dion P. Avello, Mayor
Jean Epperson, City Clerk

(Published in The Derby Informer April 30, 2008)

RESOLUTION NO. 26-2008
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-PHASE XIC/THE OAKS 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 eight inch (8") sanitary sewer improvements on Cambridge from Rock Road to the west property line of Parcel “B” lying within Lot 2, Block C, in accordance with the City of Derby Standard specifications (the “Improvements”).
(b) The estimated or probable cost of the Improvements is: $35,000, 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, Block A; The South 190 feet of Lot 4, Block A; Lot 1, Block C; and that part of Lot 2, Block C, The Oaks Addition to the City of Derby, Sedgwick County, Kansas, described as follows: Beginning at the NW corner of Lot 1 in said Block C; thence S00º29’09”W along the west line of said Lot 1, 187.94 feet; thence N89º30’51”W, 340.17 feet to a point on the west line of said Lot 2; thence N01º06’28”W along the west line of said Lot 2, 180.48 feet to the NW corner of said Lot 2; thence N88º53’32”E along the north line of said Lot 2, 270.78 feet to a deflection corner in said north line; thence S89º30’51”E along the north of said Lot 2, 74.51 feel to the point of beginning (“Parcel B”).
(d) The method of assessment is:
Lots 1, Block A, The Oaks Addition to the City of Derby, Sedgwick County, Kansas, shall pay 2/10 of the total costs of the Improvements, the south 190 feet of Lot 4, Block A, The Oaks Addition to the City of Derby, Sedgwick County, Kansas, shall pay 3/10 of the total costs of the Improvements, Parcel B shall pay 3/10 of the total costs of the Improvements, and Lot 1, Block C, The Oaks Addition to the City of Derby, Sedgwick County, Kansas, shall pay 2/10 of the total 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 April 22, 2008.
(Seal)
Dion P. Avello, Mayor
Jean Epperson, City Clerk

(Published in The Derby Informer April 30, 2008)

RESOLUTION NO. 27-2008
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 (WATER MAIN IMPROVEMENTS-PHASE XIB/THE OAKS 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 a twelve inch (12”) water main extension on Newberry from a point 184.26 feet north of the north line of Cambridge, north to the south line of 63rd St. S., in accordance with the City of Derby Standard specifications (the “Improvements”).
(b) The estimated or probable cost of the Improvements is: $97,000, 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 2 and 3, Block A; Lots 1 through 4, Block B; and Lot 4, Block A, The Oaks Addition to the City of Derby, Sedgwick County, Kansas, EXCEPT the south 190 feet thereof and EXCEPT that part of said Lot 4 described as follows: Beginning at the SE corner of Lot 5, in said Block A; thence S08º02’42”E along the east line of said Lot 4, 75.86 feet to a deflection corner in said east line; thence S00º29’09”W along the east line of said Lot 4, 159.52 feet; thence N89º59’45”W parallel with the south line of said Lot 5, 260.01 feet to the intersection with the southerly extension of the west line of said Lot 5; thence N00º29’09”E along the southerly extension of the west line of said Lot 5, 234.64 feet to the SW corner of said Lot 5; thence S89º59’45”E along the south line of said Lot 5, 248.76 feet to the point of beginning (“Parcel C”).
(d) The method of assessment is:
Lot 2, Block A, The Oaks Addition to the City of Derby, Sedgwick County, Kansas, shall pay 7/100 of the total costs of the Improvements, Lot 3, Block A, The Oaks Addition to the City of Derby, Sedgwick County, Kansas, shall pay 8/100 of the total costs of the Improvements, Parcel C shall pay 61/100 of the total costs of the Improvements, Lots 1 and 2, Block B, The Oaks Addition to the City of Derby, Sedgwick County, Kansas, shall each pay 5/100 of the total costs of the Improvements, Lot 3, Block B, The Oaks Addition to the City of Derby, Sedgwick County, Kansas, shall pay 6/100 of the total costs of the Improvements, and Lot 4, Block B, The Oaks Addition to the City of Derby, Sedgwick County, Kansas, shall pay 8/100 of the total 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 April 22, 2008.
(Seal)
Dion P. Avello, Mayor
Jean Epperson, City Clerk

(Published in The Derby Informer April 30, 2008)

RESOLUTION NO. 28-2008
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 (STREET IMPROVEMENTS-PHASE XIB/THE OAKS 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 41’ back to back commercial standard pavement on Newberry from a point 184.26 feet north of the north line of Cambridge, north to the south line of 63rd St. S., including incidental storm sewer construction, as necessary, in accordance with the City of Derby Standard specifications (the “Improvements”).
(b) The estimated or probable cost of the Improvements is: $380,000, 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 2 and 3, Block A; Lots 1 through 4, Block B; and Lot 4, Block A, The Oaks Addition to the City of Derby, Sedgwick County, Kansas, EXCEPT the south 190 feet thereof and EXCEPT that part of said Lot 4 described as follows: Beginning at the SE corner of Lot 5, in said Block A; thence S08º02’42”E along the east line of said Lot 4, 75.86 feet to a deflection corner in said east line; thence S00º29’09”W along the east line of said Lot 4, 159.52 feet; thence N89º59’45”W parallel with the south line of said Lot 5, 260.01 feet to the intersection with the southerly extension of the west line of said Lot 5; thence N00º29’09”E along the southerly extension of the west line of said Lot 5, 234.64 feet to the SW corner of said Lot 5; thence S89º59’45”E along the south line of said Lot 5, 248.76 feet to the point of beginning (“Parcel C”).
(d) The method of assessment is:
Lot 2, Block A, The Oaks Addition to the City of Derby, Sedgwick County, Kansas, shall pay 7/100 of the total costs of the Improvements, Lot 3, Block A, The Oaks Addition to the City of Derby, Sedgwick County, Kansas, shall pay 8/100 of the total costs of the Improvements, Parcel C shall pay 61/100 of the total costs of the Improvements, Lots 1 and 2, Block B, The Oaks Addition to the City of Derby, Sedgwick County, Kansas, shall each pay 5/100 of the total costs of the Improvements, Lot 3, Block B, The Oaks Addition to the City of Derby, Sedgwick County, Kansas, shall pay 6/100 of the total costs of the Improvements, and Lot 4, Block B, The Oaks Addition to the City of Derby, Sedgwick County, Kansas, shall pay 8/100 of the total 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 April 22, 2008.
(Seal)
Dion P. Avello, Mayor
Jean Epperson, City Clerk

(Published in The Derby Informer April 30, 2008)

RESOLUTION NO. 29-2008
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 (SIDEWALK IMPROVEMENTS-PHASE XIB/THE OAKS 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 five foot (5’) wide concrete sidewalk on Newberry from a point 184.26 feet north of the north line of Cambridge, north to the south line of 63rd St. S., in accordance with City of Derby Standards (the “Improvements”).
(b) The estimated or probable cost of the Improvements is: $42,000, 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 2 and 3, Block A; Lots 1 through 4, Block B; and Lot 4, Block A, The Oaks Addition to the City of Derby, Sedgwick County, Kansas, EXCEPT the south 190 feet thereof and EXCEPT that part of said Lot 4 described as follows: Beginning at the SE corner of Lot 5, in said Block A; thence S08º02’42”E along the east line of said Lot 4, 75.86 feet to a deflection corner in said east line; thence S00º29’09”W along the east line of said Lot 4, 159.52 feet; thence N89º59’45”W parallel with the south line of said Lot 5, 260.01 feet to the intersection with the southerly extension of the west line of said Lot 5; thence N00º29’09”E along the southerly extension of the west line of said Lot 5, 234.64 feet to the SW corner of said Lot 5; thence S89º59’45”E along the south line of said Lot 5, 248.76 feet to the point of beginning (“Parcel C”).
(d) The method of assessment is:
Lot 2, Block A, The Oaks Addition to the City of Derby, Sedgwick County, Kansas, shall pay 7/100 of the total costs of the Improvements, Lot 3, Block A, The Oaks Addition to the City of Derby, Sedgwick County, Kansas, shall pay 8/100 of the total costs of the Improvements, Parcel C shall pay 61/100 of the total costs of the Improvements, Lots 1 and 2, Block B, The Oaks Addition to the City of Derby, Sedgwick County, Kansas, shall each pay 5/100 of the total costs of the Improvements, Lot 3, Block B, The Oaks Addition to the City of Derby, Sedgwick County, Kansas, shall pay 6/100 of the total costs of the Improvements, and Lot 4, Block B, The Oaks Addition to the City of Derby, Sedgwick County, Kansas, shall pay 8/100 of the total 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 April 22, 2008.
(Seal)
Dion P. Avello, Mayor
Jean Epperson, City Clerk

(Published in The Derby Informer April 30, 2008)

SUMMARY NOTICE OF BOND SALE
$2.410,000
CITY OF DERBY, KANSAS
GENERAL OBLIGATION BONDS, SERIES 2008-A
(GENERAL OBLIGATION BONDS PAYABLE FROM UNLIMITED AD VALOREM TAXES)
Bids. SUBJECT to the Notice of Bond Sale dated April 22, 2008, 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 2:00 p.m., Central Daylight Time, on MAY 13, 2008 for the purchase of the above-referenced bonds (the “Bonds”). No bid of less than 100% of the principal amount of the Bonds and accrued interest thereon to the date of delivery will be considered.
Bond Details. The Bonds will consist of fully registered bonds in the denomination of $5,000 or any integral multiple thereof. The Bonds will be dated May 15, 2008, and will become due on December 1 in the years as follows:

Year Principal
Amount
Year Principal
Amount
2009 $ 75,000 2017 $165,000
2010 125,000 2018 175,000
2011 130,000 2019 180,000
2012 140,000 2020 190,000
2013 145,000 2021 200,000
2014 150,000 2022 205,000
2015 155,000 2023 215,000
2016 160,000

The Bonds will bear interest from the date thereof 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, 2009.
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 or a qualified financial surety bond in the amount of $48,200 (2% of the principal amount of the Bonds).
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 May 29, 2008, 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 2007, is $173,219,402. The total general obligation indebtedness of the Issuer as of the date of delivery of the Bonds, including the Bonds being sold, but excluding temporary notes to be retired in conjunction therewith, is $74,730,000.
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 undersigned, or from the Financial Advisor, at the addresses set forth below:
DATED: April 22, 2008.
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. Ranson Financial Consultants, LLC
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@ransonfinancial.com

(Published in The Derby Informer April 23, 2008)

ORDINANCE NO.1932
AN ORDINANCE REQUIRING INSTALLATION AND MAINTENANCE OF A WORKING RAIN SENSOR DEVICE IN ALL AUTOMATIC IRRIGATON SYSTEMS INSTALLED OR LOCATED ON COMMERCIALLY DEVELOPED PROPERTY AND ALL SUCH SYSTEMS HEREAFTER INSTALLED ON RESIDENTIALLY DEVELOPED PROPERTY; AND PROVIDING PENALTIES AND OTHER SANCTIONS FOR VIOLATION.
BE IT ORDAINED by the Governing Body of the City of Derby, Kansas:
Section 1. Definitions. For the purposes of this section, the following words and phrases shall have the meanings respectively ascribed to them in this section:
a. “Automatic irrigation system” means a device or combination of devices having a hose, pipe or other conduit installed in the landscape and that automatically applies water to irrigate lawns, landscapes or greenspace.
b. “Rain sensor” means an electronic device that measures rainfall and overrides the irrigation cycle and turns off an automatic irrigation system when a predetermined amount of rain has fallen and is mounted according to the manufacturer’s specifications outdoors in an open area, above ground and in an unobstructed location well suited for gauging rain.
Section 2. System and operating requirements.
a. Except as otherwise provided by section 7 hereof, all automatic irrigation systems shall be equipped with a properly installed, maintained and functional rain sensor.
b. All rain sensors required by this ordinance shall be set such that the irrigation system is turned off when 1/2 inch or more rain has fallen.
c. Neither a rain sensor nor automatic irrigation system to which such sensor is connected shall be set so that the rain sensor is not able to override and turn off the automatic irrigation system after 1/2 inch of rain has fallen.
Section 3. Responsibilities of owners of property served by automatic irrigation system.
a. Automatic irrigation systems connected to public water supply system:
1. It shall be the duty of each person owning property upon which is located an automatic irrigation system connected to the public water supply system to ensure that each such system located is equipped with a properly installed and operational rain sensor.
2. Each person having an automatic irrigation system connected to the public water supply system shall be deemed to have consented to inspection of such irrigation system by a City code enforcement officer at reasonable times and upon reasonable notice; provided, notice of such inspections shall not be required if the customer cannot be located after reasonable effort or if there is a reasonable basis to believe that his or her automatic irrigation system is not equipped with a required rain sensor or, if so equipped, that the rain sensor is not properly set, has been disabled or is otherwise failing to function properly.
b. Automatic irrigation systems not connected to public water supply system:
1. It shall be the duty of each owner of property upon which is located an automatic irrigation system not connected to the public water supply system to ensure that each such system is equipped with a properly installed and operational rain sensor.
2. Any City code enforcement officer may, at reasonable times and upon reasonable notice, enter upon private property upon which is located an automatic irrigation system that is not connected to the public water supply system for the purpose of inspecting such system whenever there is a reasonable basis to believe that such system is not equipped with a required rain sensor or, if so equipped, that the rain sensor is not properly set, has been disabled or is otherwise failing to function properly.
Section 4. Violations. It shall be unlawful for any person to operate an automatic irrigation system without a properly installed and operating rain sensor.
Section 5. Penalties for violation. Any person convicted of violating this ordinance shall be punished by a fine of not less than $25 nor more than $500.
Section 6. Cessation of public water supply service. In addition to other penalties provided by this ordinance, the City may order cessation of public water supply service in the event a person whose automatic irrigation system is connected to the public water supply system fails or refuses to install a required rain sensor or to maintain such rain sensor in good operating condition. In the event public water supply service is discontinued pursuant to this section such person shall pay, in addition to any other charges authorized by City ordinance, the reasonable cost of discontinuing water service and resumption of water service following correction of all violations of this ordinance.
Section 7. Application to new and existing automatic irrigation systems. This ordinance shall apply:
a. from and after May 24, 2008, to all automatic irrigation systems installed or substantially replaced on or after that date; and
b. from and after July 1, 2009, to all other automatic irrigation systems.
Section 8. Effective date. This Ordinance shall take effect and be in force from and after the sixty-first day following its publication once in the official City newspaper.
ADOPTED BY THE GOVERNING BODY this 8th day of April, 2008.
Dion P. Avello, Mayor
ATTEST:
Jean Epperson, City Clerk

(Published in The Derby Informer April 23, 2008)

OFFICIAL NOTICE OF BOARD OF ZONING APPEALS PUBLIC HEARING
NOTICE TO LANDOWNERS OF AN APPLICATION FOR A REQUEST A CONDITIONAL USE TO ALLOW A LIGHTED SIGN
NOTICE IS HEREBY GIVEN that on MAY 8, 2008, the Board of Zoning Appeals of the City of Derby, Kansas will consider the following application at 7:00 P.M. in the Council Room at the City Hall in Derby, Kansas.
BZA Case No. CU20008-08: Request approval of a conditional use to allow the use of a an LED Display sign located in the B-3 General Business District
Legal description: Sandefur Addition, City of Derby, Sedgwick County, Kansas
Common Address: 917 N. Baltimore Ave (McDonald’)
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.
Dated this 11th day of April 2008.
Karen S. Benefiel, Secretary
Derby Board of Zoning Appeals
NOTICE: If you are in need of an auxiliary aid and/or a special accommodation, please notify this office as soon as possible so we can make arrangements to accommodate your need. Please call Karen Benefiel at 788-6632.

(Published in The Derby Informer April 23, 2008)

OFFICIAL NOTICE OF BOARD OF ZONING APPEALS PUBLIC HEARING
NOTICE TO LANDOWNERS OF AN APPLICATION FOR A REQUEST A CONDITIONAL USE TO ALLOW A LIGHTED SIGN
NOTICE IS HEREBY GIVEN that on MAY 8, 2008, the Board of Zoning Appeals of the City of Derby, Kansas will consider the following application at 7:00 P.M. in the Council Room at the City Hall in Derby, Kansas.
BZA Case No. CU20008-07: Request approval of a conditional use to allow the use of a an LED Display sign located in the B-3 General Business District
Legal description: Lot 1, Block 1, Eck 1st Addition, City of Derby, Sedgwick County, Kansas
Common Address: 2012 N. Nelson Drive (Hambelton LaGreca Super Center)
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.
Dated this 18th day of April 2008.
Karen S. Benefiel, Secretary
Derby Board of Zoning Appeals
NOTICE: If you are in need of an auxiliary aid and/or a special accommodation, please notify this office as soon as possible so we can make arrangements to accommodate your need. Please call Karen Benefiel at 788-6632.

(Published in The Derby Informer April 23 and 30, 2008)

City of Derby, Kansas
TO WHOM IT MAY CONCERN
NOTICE OF PUBLIC HEARING
Notice is hereby given that on Tuesday, May 13th, 2008 the DERBY CITY COUNCIL, will consider a VACATION CASE. The Derby City Council meeting begins at 7:00 p.m. in the COMMUNITY ROOM, located at 611 Mulberry Street, Derby, Kansas:
Vacating the east 8’ of the DEEDED DEDICATION as shown in DEED # 11582 DATED 4-24-1957, ACROSS FRONTAGE OF LOTS 11, 13, and the portion of Lot 15 located north of KAY STREET, of GERTIES Addition, an addition to Derby, Sedgwick County Kansas.
The vacation application area is generally located at 214 S. Derby, Derby, Kansas. (Faith Lutheran Church)
**NOTICE: If you are in need of an auxiliary aid and/or a special accommodation, please notify Judy Roberts of the office as soon as possible so we can make arrangements to accommodate your need.
Bud Newberry,
Derby City Planner

(Published in The Derby Informer April 16 and 23, 2008)

City of Derby, Kansas
TO WHOM IT MAY CONCERN
NOTICE OF PUBLIC HEARING
Notice is hereby given that on Tuesday, May 13th, 2008 the DERBY CITY COUNCIL, will consider a VACATION CASE. The Derby City Planning Commission meeting begins at 7:00 p.m. in the COMMUNITY ROOM, located at 611 Mulberry Street, Derby, Kansas:
Vacate Portion of Storm Water Sewer Easement Spring Creek 6th Addition, Lot 25, Block B, Derby, Sedgwick County Kansas.
The vacation application area is generally located at 2155 Brookstone., Derby,
Kansas.
**NOTICE: If you are in need of an auxiliary aid and/or a special accommodation, please notify Judy Roberts of the office as soon as possible so we can make arrangements to accommodate your need.
Bud Newberry,
Derby City Planner