Legal Publications

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

(Published in The Derby Informer July 1, 2009)

SHAWN R. DEJARNETT #16052
DEJARNETT LAW OFFICE
P.O. BOX 583
204 EAST LINCOLN, SUITE 103
WELLINGTON, KANSAS 67152
Ph (620) 326-6878

IN THE DISTRICT COURT OF SUMNER COUNTY, KANSAS
THIRTIETH JUDICIAL DISTRICT
DIVISION NO.

IN THE INTEREST OF )
)
TYLER MICHAEL LEAF ) CASE NO. 2008 JC 104
DOB: XX/XX/08 )
A CHILD UNDER 18 YEARS OF AGE )

NOTICE OF HEARING-Publication
Pursuant to K.S.A. 38-2237

TO: JUSTIN BARR, POSSIBLE FATHER OF TYLER MICHAEL LEAF
UNKNOWN FATHER of TYLER MICHAEL LEAF
and all other persons who are or may be concerned:

You are hereby notified that a petition has been filed in this Court alleging that the child named above is a Child in Need of Care.
A hearing on Adjudication is scheduled for the 22nd day of JULY, 2009, at 2:30 P.M. At the hearing the Court may issue orders relating to the care, custody and control of the child.
The parent(s), and any other person having legal custody are required to appear before this Court on the date and time shown, or to file your written response to the petition with the Clerk of the District Court prior to that time. Failure to respond or to appear before the Court at the time shown will not prevent the Court from entering judgment as requested in the petition, finding that the child is a Child in Need of Care.
An attorney has been appointed as guardian ad litem for the child: Troy Dierking, 522 North Washington, Kansas 67152, Phone 620-326-8961. You have the right to appear before the Court and be heard personally, either with or without an attorney. The Court will appoint an attorney for any parent who desires an attorney but is financially unable to hire one. The Court may order one or both parents to pay child support.
Date and time of hearing: JULY 22, 2009 AT 2:30P.M.
Place of hearing: Sumner County Courthouse, 500 North Washington, 2nd Floor, Wellington, KS. 67152.
SHAWN R. DEJARNETT
Attorney for Petitioner
204 E. Lincoln, Suite 103
Wellington, Ks. 67152
Ph 620-326-6878
TO THE PUBLISHER: Please publish for two consecutive Wednesdays, commencing on the 1st day of July, 2009. Immediately after the first publication, please forward 1 copy of the above and foregoing Notice to: Shawn R. DeJarnett, PO Box 583, 204 East Lincoln, Suite 103, Wellington, Ks. 67152. Immediately after the third publication, make your proof of publication to the Clerk of the District Court, P.O. Box 399, Wellington, KS 67152, with copy to this office.

(Published in The Derby Informer July 1, 2009)

OFFICIAL NOTICE OF ZONING APPEALS PUBLIC HEARING

NOTICE IS HEREBY GIVEN that on July 23, 2009, the Board of Zoning
Appeals of the City of Derby, Kansas will consider the following
application at 7:00 P.M. in the City Conference Room at City Hall in
Derby, Kansas.

BZA Case No. V2009-02: Variance Requesting Reduction of Side Yard
Setbacks from 9 feet to 8 feet, and from 7 feet to 6 feet

Zoning: R-1 – Single Family Residential

Common Address: Spring Ridge Addition, Phase 2, Lots 3-8
Block 2, Lots 60-62 Block 1, Lots 28-30, 40-45, and 49-62 Block 3.

You may appear at this time either in person or by agent or attorney,
if you desire, and be heard on the matter. After hearing the views and
wishes of all persons interested in the case, the Board of Zoning
Appeals may close the hearing and render a decision. The public hearing
may be recessed and continued from time to time without further notice.

(Published in The Derby Informer July 1, 2009)

SUMMARY NOTICE OF BOND SALE

CITY OF DERBY, KANSAS
$10,150,000* $2,680,000
GENERAL OBLIGATION BONDS GENERAL OBLIGATION BONDS
SERIES 2009-A SERIES 2009-B

(GENERAL OBLIGATION BONDS PAYABLE FROM UNLIMITED AD VALOREM TAXES)

Bids. SUBJECT to the Notice of Bond Sale dated June 23, 2009, written and electronic bids will be received on behalf of the Clerk of the City of Derby, Kansas (the “Issuer”) in the case of written bids, at the address set forth below, and in the case of electronic bids, through PARITY® until 11:00 a.m., Central Daylight Time, on JULY 14, 2009 for the separate purchase of the each series of the above-referenced bonds (the “Series 2009-A Bonds,” the “Series 2009-B Bonds” or collectively, “Bonds”). No bid shall be for less than 99% of the principal amount of the Series 2009-A Taxable Bonds and 100% of the principal amount of Series 2009-A Tax-Exempt Bonds and the Series 2009-B Bonds (as said terms are defined in the Notice of Bond Sale).
Alternative Bids for the Series 2009-A Bonds as Taxable Build America Bonds. Bids will be accepted for the Series 2009-A Bonds as either traditional tax-exempt bonds or as taxable, direct-pay Build America Bonds.
Bond Details. The Bonds will consist of fully registered bonds in the denomination of $5,000 or any integral multiple thereof, will be dated August 1, 2009 and will bear interest at rates to be determined when the Bonds are sold as hereinafter provided, which interest will be payable semiannually on June 1 and December 1 in each year, beginning on June 1, 2010.
Series 2009-A. The Series 2009-A Bonds will become due in principal installments on December 1 in the years and the amounts hereinafter set forth:.

Year PrincipalAmount* Year PrincipalAmount*
2010 $250,000 2020 $505,000
2011 380,000 2021 525,000
2012 390,000 2022 545,000
2013 395,000 2023 565,000
2014 405,000 2024 585,000
2015 420,000 2025 605,000
2016 440,000 2026 635,000
2017 455,000 2027 670,000
2018 470,000 2028 695,000
2019 490,000 2029 725,000
*Adjustment of Issue Size. The Issuer reserves the right to increase or decrease the total principal amount of the Series 2009-A Bonds, depending on the purchase price, interest rates bid and the offering prices specified by the successful bidder, as set forth in the Notice of Bond Sale.

Series 2009-B. The Series 2009-B Bonds will become due in principal installments on December 1 in the years and the amounts hereinafter set forth:.

Year PrincipalAmount Year PrincipalAmount
2010 $105,000 2018 $185,000
2011 145,000 2019 190,000
2012 150,000 2020 200,000
2013 155,000 2021 205,000
2014 160,000 2022 215,000
2015 165,000 2023 225,000
2016 170,000 2024 235,000
2017 175,000

Book-Entry-Only System. The Bonds shall be registered under a book-entry-only system administered through DTC.
Paying Agent and Bond Registrar. Treasurer of the State of Kansas, Topeka, Kansas.
Good Faith Deposit. Each bid shall be accompanied by a good faith deposit in the form of a cashier's or certified check drawn on a bank located in the United States of America, a qualified financial surety bond or a wire transfer in Federal Reserve funds immediately available for use by the Issuer in the amount of $203,000 for the Series 2009-A Bonds and $53,600 for the Series 2009-B Bonds amount of $266,500*.
Delivery. The Issuer will pay for printing the Bonds and will deliver the same properly prepared, executed and registered without cost to the successful bidder on or about August 4, 2009, to DTC for the account of the successful bidder.
Assessed Valuation and Indebtedness. The Equalized Assessed Tangible Valuation for Computation of Bonded Debt Limitations for the year 2008 is $189,071,357. The total general obligation indebtedness of the Issuer as of the Dated Date, including the Bonds being sold, is $89,980,000*.
Approval of Bonds. The Bonds will be sold subject to the legal opinion of GILMORE & BELL, P.C., WICHITA, KANSAS, Bond Counsel, whose approving legal opinion as to the validity of the Bonds will be furnished and paid for by the Issuer, printed on the Bonds and delivered to the successful bidder as and when the Bonds are delivered.
Additional Information. Additional information regarding the Bonds may be obtained from the Financial Advisor, at the addresses set forth below:
DATED: June 23, 2009.

Written and Facsimile Bid and Good Faith Deposit Delivery Address:
Jean Epperson, Clerk
City Hall
611 N. Mulberry
Derby, Kansas 67037
Phone No. (316) 788-1519
Fax No. (316) 788-6067
Email: jeanepperson@derbyweb.com

Financial Advisor -Good Faith Deposit Delivery Address:
Piper Jaffray & Co. The Public Finance Group, Inc.
11150 Overbrook, Suite 310 151 S. Whittier
Leawood, Kansas 66211 Wichita, Kansas 67218
Attn: Greg Vahrenberg Attn: Charley Young
Phone No. (913) 345-3374 Phone No. (316) 689-4295
Fax No. (913) 345-3393 Fax No. (316) 681-4499
Email: gregory.m.vahrenberg@pjc.com Email: charlesyoung@publicfinancegroup.com

(Published in The Derby Informer July 1, 2009)

(Published in The Derby Informer June 24, 2009)

The City of Derby, Kansas, and Sedgwick County, Kansas, Department of Code Enforcement, in accordance with National Flood Insurance Program regulation 65.7(b)(1), hereby gives notice of the City of Derby’s intent to revise the floodplain, generally located between Meadowlark and 63rd St. Specifically, the floodplain shall be revised from a point 1000 ft. south of 63rd St. and 2400 ft. west of Rock Rd to a point 550 feet east of Woodlawn at Meadowlark. As a result of the floodplain revision, the floodway shall have a maximum width of 570 feet at a point 1330 feet downstream of 63rd St. Also as a result of the floodplain revision the floodplain shall narrow with a maximum narrowing of 130 feet at a point approximately located 1500 feet downstream of 63rd St.
Maps and detailed analysis of the floodway revision can be reviewed at the City of Derby, City Hall at 611 Mulberry, Derby, KS 67037. Interested persons may call Charlie Brown, City of Derby, Director of Community Development at (316) 788-6632, or Brent Wooten at Baughman Co., at (316) 262-7271 for additional information.

(Published in The Derby Informer June 24, 2009)

(Published in The Derby Informer June 17, 2009)

ADVERTISEMENT FOR BIDS

OWNER: CITY OF DERBY, KANSAS

ADDRESS: 611 MULBERRY, SUITE 300, DERBY, KANSAS 67037

Separate sealed BIDS for the construction of JAMES STREET IMPROVEMENTS (Beau Jardin to High Park Drive) (Resolution No. 17-2009) to serve SPRING RIDGE ADDITION, DERBY, SEDGWICK COUNTY, KANSAS will be received by the City of Derby, Kansas at City Hall, 611 Mulberry, Derby, Kansas 67037 until 2:00 p.m., Tuesday, June 30, 2009 and then at said office will be publicly opened and read aloud. The project is briefly described as follows:

Approximately 7,519 S.Y. 6” Asphalt Pavement (4” Bit. Base); 9,194 S.Y. Reinforced Crushed Rock Base (8”); 3,759 L.F. Combined Curb & Gutter (6 5/8”); 430 S.Y. Reinforced Concrete Valley Gutter; 1 L.S. Earthwork; 6 Ea. Inlet Hookups; 10 Ea. Signs; 133 L.F. 18” Storm Water Sewer; 583 L.F. 21” Storm Water Sewer; 557 L.F. 24” Storm Water Sewer; 42 L.F. 30” x 19” Storm Water Sewer (RCPHE); 139 L.F. 33” x 26” Storm Water Sewer; 384 L.F. 40” x 31” Storm Water Sewer; 5 Ea. Type 1A Curb Inlet (L=11’4”, W=4’4”); 1 Ea. Type 1A Curb Inlet (L=11’4”, W=5’4”); 2 Ea. 4’ Dia. Standard Manhole; 1 Ea. Special Reinforced Concrete Manhole; 1 L.S. Modify Existing Headwall; 1 L.S. Remove and Reset Existing Stone Rip-Rap; 1 L.S. Seeding and Erosion Control; 1 L.S. Site Clearing and Restoration

The CONTRACT DOCUMENTS MAY BE EXAMINED AT THE FOLLOWING LOCATIONS:

City Hall, 611 Mulberry, Suite 300, Derby, Kansas 67037

Kansas Construction News Report, 230 Laura, Suite #101, Wichita, Kansas 67211-1515

KCA Construction Bulletin, P.O. Box 5061, Topeka, KS 66605-0061

Young & Associates, P.A., 100 S. Georgie, Derby, KS 67037

Copies of the CONTRACT DOCUMENTS may be obtained at the office of Young & Associates, P.A. with a payment of $40.00 for each set. No refund.

Nondiscrimination in Employment
Bidders on this work will be required to comply with the President’s Executive Order No. 11246. Requirements for bidders and contractors under this order are explained in the specifications.

Proposals must be accompanied by a certified or cashier’s check, or bid bond is acceptable to the City in an amount not less than five percent (5%) of the proposal. Checks are to be made payable to the City of Derby and drawn on a solvent Kansas Bank or Trust Company. These checks or bonds are to be retained by the City Clerk until the contract for the project shall have been awarded.

_________________________________ ________________________
Kathleen B. Sexton, City Manager DATE

(Published in The Derby Informer June 17, 2009)

RESOLUTION NO. 28-2009

A RESOLUTION DETERMINING THE ADVISABILITY OF THE MAKING OF A CERTAIN INTERNAL IMPROVEMENT IN THE CITY OF DERBY, KANSAS, AND SETTING FORTH THE GENERAL NATURE OF THE IMPROVEMENT, THE ESTIMATED OR PROBABLE COSTS THEREOF, THE EXTENT OF THE IMPROVEMENT DISTRICT TO BE ASSESSED FOR THE COSTS THEREOF, THE METHOD OF ASSESSMENT, AND THE APPORTIONMENT OF THE COSTS BETWEEN THE IMPROVEMENT DISTRICT AND THE CITY AT LARGE; AUTHORIZING AND PROVIDING FOR THE MAKING OF THE IMPROVEMENT IN ACCORDANCE WITH THE FINDINGS OF THE GOVERNING BODY (71st STREET TURN LANE IMPROVEMENTS/DERBY MARKETPLACE 3RD ADDITION).

WHEREAS, a Petition was filed with the City Clerk of the Derby, Kansas (the "City") proposing certain internal improvements; and said Petition sets forth: (a) the general nature of the proposed improvements; (b) the estimated or probable cost of the proposed improvements; (c) the extent of the proposed improvement district to be assessed for the cost of the proposed improvements; (d) the proposed method of assessment; (e) the proposed apportionment of the cost between the improvement district and the City at large; and (f) a request that such improvements be made without notice and hearing as required by K.S.A. 12-6a04(b) (the "Act"); and

WHEREAS, the governing body of the City hereby finds and determines that said Petition is sufficient.

THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE DERBY, KANSAS:

Section 1. Findings of Advisability. The governing body hereby finds and determines that:

(a) It is advisable to make the following improvements:

Construct an acceleration-deceleration lane along the north side of 71st Street South, from Rock Road to the East line of Derby Marketplace Third Addition; Left Turn Lanes along 71st Street South to serve the major entrances; Major entrance drives to serve Lot 7 on 71st Street; and a 10’ concrete sidewalk along the north side of 71st Street South from Rock Road to the east line of the plat, in accordance with the City of Derby Standards (the "Improvements").

(b) The estimated or probable cost of the Improvements is: $200,000, to be increased at the pro rata rate of 1 percent per month from and after the date of adoption of this Resolution.

(c) The extent of the improvement district (the "Improvement District") to be assessed for the cost of the Improvements is:

Lots 1 through 7, Block 1, Derby Marketplace Third Addition, an addition to the City of Derby, Sedgwick County, Kansas.

(d) The method of assessment is: On a fractional basis, as follows: Lot 1, Block 1, shall be assessed 142/10,000; Lot 2, Block 1, shall be assessed 305/10,000; Lot 3, Block 1, shall be assessed 820/10,000; Lot 4, Block 1, shall be assessed 875/10,000; Lot 5, Block 1, shall be assessed 765/10,000; Lot 6, Block 1, shall be assessed 4428/10,000; and Lot 7, Block 1, shall be assessed 2665/10,000 of the costs payable by the Improvement District.

(e) The apportionment of the cost of the turn lane portion of the Improvements, between the Improvement District and the City at large, is:

100% to be assessed against the Improvement District and 0% to be paid by the City-at-large; and

the apportionment of the cost of the sidewalk portion of the Improvements, between the Improvement District and the City at large, is:

50% to be assessed against the Improvement District and 50% to be paid by the City-at-large.

Section 2. Authorization of Improvements. The abovesaid Improvements are hereby authorized and ordered to be made in accordance with the findings of the governing body of the City as set forth in Section 1 of this Resolution.

Section 3. Bond Authority; Reimbursement. The Act provides for the Improvements to be paid by the issuance of general obligation bonds of the City (the "Bonds"). The Bonds may be issued to reimburse expenditures made on or after the date which is 60 days before the date of this Resolution, pursuant to Treasury Regulation 1.150-2.

Section 4. Effective Date. This Resolution shall be effective upon adoption. This Resolution shall be published one time in the official City newspaper, and shall also be filed of record in the office of the Register of Deeds of Sedgwick County, Kansas.

ADOPTED AND APPROVED by the governing body of the City of Derby, Kansas, on June 9, 2009.

(Seal)
Dion P. Avello, Mayor

Jean Epperson, City Clerk

(Published in The Derby Informer June 17, 2009)

ORDINANCE NO. 1988

AN ORDINANCE OF THE CITY OF DERBY, KANSAS, AUTHORIZING AND PROVIDING FOR THE CONSTRUCTION OF MAIN INTERCEPTOR SEWER IMPROVEMENTS IN THE CITY; AND PROVIDING FOR THE PAYMENT OF THE COSTS THEREOF.

WHEREAS, K.S.A. 12-618 provides, in part, that the governing body of any city having a population of less than 80,000 shall have power to provide for one or more systems of sewerage, or drainage, or both, for such city, or for any part thereof, with one or more main sewers or drains and sewer or drains outlets, and to build, construct or purchase pumping stations, sewers, sewer service lines and drains by districts or otherwise, as the governing body may determine; and

WHEREAS, K.S.A. 12-619 provides, in part, that if the estimated cost of the main sewer or drain of said system now or hereafter constructed shall be relatively large as compared with the estimated cost of the lateral sewers or drains tributary thereto, or if the said main sewer or drain shall be so located that it will or may receive the sewage or drainage from two or more districts, the governing body shall have power to pass an ordinance providing that the cost of such main sewer or drain below a certain designated point shall be borne by the city and paid in the manner provided in K.S.A. 12-624 for the payment of the cost of main sewers and drains now or hereafter constructed beyond the corporate limits of the city; provided, that the said ordinance shall state the point in the line of the main sewer or drain below which the provisions of this section shall apply, shall describe the proposed location of the said main sewer or drain from the said point to the outlet of the same or to the city limits, and shall state the manner of payment of the cost of the said main sewer or drain; and

WHEREAS, K.S.A. 12-624 provides, in part, that all costs and expenses occasioned by the acquisition of a right-of-way and by the construction of sewers and drains and disposal works beyond the corporate limits of said city shall be borne by the city as a whole and shall be paid out of the general revenue fund or by the issuance of improvement bonds of the city as the governing body may determine, that bonds to pay said costs may be issued in addition to the $100,000 authorized by K.S.A. 12-621 for the construction of disposal works and that such additional bonds may be issued in addition to the limit of bonded indebtedness of such cities as defined by statutes; and

WHEREAS, the City of Derby, Kansas (the "City") has a population of approximately 22,058; and

WHEREAS, the governing body of the City hereby finds and determines it to be necessary to construct main interceptor sewer improvements for the City under authority of K.S.A. 12-619; and

WHEREAS, said governing body hereby further finds and determines that the costs of constructing said main interceptor sewer improvements will be relatively large as compared to the estimated cost of possible future sewer lateral lines or drains tributary thereto, and that said main interceptor sewer improvements may receive in the future sewage or drainage from two or more districts, and that the costs of constructing said main interceptor sewer improvements should be chargeable to the city at large and paid by the issuance of general obligation bonds of the City in the manner provided by K.S.A. 12-624 for the costs of main sewer improvements and drains now or hereafter constructed beyond the corporate limits of the City; and

WHEREAS, said governing body hereby further finds and determines it to be necessary to authorize and provide for the construction of main interceptor sewer improvements in the City; and to make provision for the payment of the costs thereof by the issuance of general obligation bonds of the City.

THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF DERBY, KANSAS:

Section 1. Authorization of Improvements. It is hereby authorized, ordered and directed that main interceptor sewer improvements in the City (the "Improvements") be constructed as a part of the sewer system of the City, as provided by K.S.A. 12-618 et seq., in accordance with the plans and specifications therefor, which have been prepared or approved by the City Engineer and placed on file in the office of the Clerk (the "Improvements").

Section 2. Designated Points. The proposed location and costs of the Improvements below the following designated point(s) to the outlets of the same or to the City limits, to wit:

East line of Rock Road along Spring Creek northeasterly to Madison Avenue at High Park, Derby, Sedgwick County, Kansas;

shall be borne by the City at large, and shall be paid in the manner provided in K.S.A. 12-624, for the costs of main sewers and drains now or hereafter constructed beyond the corporate limits of the City.

Section 3. Bond Authorization. The estimated costs of the Improvements, including construction, engineering fees, acquisition of right-of-way and easements, contingencies and administrative expenses is $5,000,000. The costs of the Improvements, interest on interim financing and associated financing costs shall be payable from the proceeds of general obligation bonds of the City issued under authority of K.S.A. 12-619 and K.S.A. 12-624 (the "Bonds").

Section 4. Reimbursement. Any Bonds issued under the authority of this Ordinance may be used to reimburse expenditures made on or after the date that is 60 days before the date of passage of this Ordinance pursuant to U.S. Treasury Regulation §1.150-2.

Section 5. Effective Date. This Ordinance shall be in force and take effect from and after its passage, approval and publication once in the official City newspaper.

PASSED by the governing body of the City on June 9, 2009 and APPROVED AND SIGNED by the Mayor.

(Seal)
Dion P. Avello, Mayor

Jean Epperson, City Clerk

[BALANCE OF THIS PAGE INTENTIONALLY LEFT BLANK]

CERTIFICATE

I hereby certify that the foregoing is a true and correct copy of the original ordinance; that said Ordinance was passed on June 9, 2009; that the record of the final vote on its passage is found on page ____ of journal ____; and that it was published in The Derby Weekly Informer on June 9, 2009.

DATED: June 9, 2009.

Jean Epperson, City Clerk

[BALANCE OF THIS PAGE INTENTIONALLY LEFT BLANK]

(Published in The Derby Informer June 17, 2009)

Notice of Change in Control of a Bank Holding Company
Richard Kevin Chase, Derby, Kansas and Peter Cran Chase, Eastborough, Kansas intends to apply to the Federal Reserve Board for permission to acquire 25% or more of the shares and thereby control of First Team Resources Corporation, Derby, Kansas. First Team Resources Corporation controls Verus Bank, n.a., Derby, Kansas. The Federal Reserve considers a number of factors in deciding whether to approve the notice.
You are invited to submit comments in writing on this notice to the Federal Reserve Bank of Kansas City, One Memorial Drive, Kansas City, MO 64198. The comment period will not end before July 10, 2009 and may be somewhat longer. The Boards’ procedures for processing applications may be found at 12 C.F.R. Part 262.25. To obtain a copy of the Federal Reserve Board’s procedures, or if you need more information about how to submit your comments on the notice, contact Todd A. Offenbacker, Assistant Vice President, at (816) 881-2657. The Federal Reserve will consider your comments and any request for a public meeting or formal hearing on the notice if they are received in writing by the Reserve Bank on or before the last day of the comment period.

(Published in The Derby Informer June 10, 2009)