Table of Contents Agenda 6 IV-1. Public Hearing and Tax Exemption

Table of Contents

Agenda 6 IV-1. Public Hearing and Tax Exemption Request, Hijos, LLC/JR Custom Metal Products, Inc. (District IV) Agenda Report No. IV-1 15 Economic Development Incentives Agreement 17 Ordinance No. 49-629 24 IV-2. Public Hearing and Issuance of Industrial Revenue Bonds, Bombardier Learjet. (Districts IV and V) Agenda Report No. IV-2 28 Bond Ordinance No. 49-630 30 IV-3. Workforce Alliance of South Central Kansas, Inc. Contract. Agenda Report No. IV-3 35 Workforce Alliance Contract Document 37 IV-4. Substantial Amendment to the 2009-2013 Consolidated Plan. Agenda Report No. IV-4 58 Substantial Amendment Summary 60 IV-5. Resolution Exempting Certain Public Buildings and Facilities from the Provisions of Senate Substitute for House Bill 2052 (2013). Agenda Report No. IV-5 61 Resolution No. 13-239 63 Exhibit A 65 IV-6. Ordinance Appropriating the 2014 Budget; Ratifying the Payment of Claims Against the 2013 Budget. Agenda Report No. IV-6 74 Ordinance No. 49-631 75 IV-7. Year-end Salary and Classification Ordinances Agenda Report No. IV-7 76 Non Exempt Class OrdInance No. 49-632 77 Non-Exempt Salary Ordinance No. 49-633 82 Exempt Class OrdInance No. 49-634 93 Exempt Salary Ordinance No. 49-635 96 Delineated Exempt Classification Ordinance 100 Delineated Non-Exempt Classification Ordinance 103 IV-8. 2014 Performance Contracts for Cultural Funding. Agenda Report No. IV-8 108 Arts Council Final 121013 111 Arts Partners Final 121013 120 Chamber Music Barn Final 121013 128 Exploration Place Final 121013 136 Friends of Great Plains Nature Center Final 121013 144 Griots Final 121013 152 KS African Am Museum - revised Final 121013 160 1 Lyric Opera Final 121013 168 Music Theatre Wichita Final 121013 176 Orpheum Final 121013 184 Tallgrass Film Festival Final 121013 192 Wichita Childrens Theater Final 121013 200 Wichita Community Theater Final 121013 208 Wichita Library Foundation Final 121013 216 Wichita Symphony Final 121013 224 WSU Ulrich Museum Final - revised 121013 232 Wichita Chamber Chorale Final 121013 240 II-1. Report of Board of Bids and Contracts dated December 9, 2013. Agenda Report No. II-1 248 II-4a. Improvements to Clear Creek Addition (District II) Agenda Report No. II-4a 251 Resolutions 13-245 13-246 13-247 252 Clear Creek Addn 258 II-5a. Improvements to East Kellogg from Cypress to Wiedemann – AT&T Relocation Agreement. (District II) Agenda Report No. II-5a and Agreement 274 II-5b. Improvements to East Kellogg from Cypress to Wiedemann – Westar Relocation Agreement. (District II) Agenda Report No. II-5b and Agreement 277 II-5c. Design Services Agreement for Glen Meadows Addition. (District II) Agenda Report No. II-5c and Agreement 280 II-7. HOME Program Funding Agreement Amendment; Mennonite Housing. (District I) Agenda Report No. II-7 301 HOME Contract Document-MHRS 302 II-8. Sidewalk Repair and Cleaning Assessment Program. Agenda Report No. II-8 306 II-9. Contracts and Agreements for November 2013. Agenda Report No. II-9 328 II-10. Proposed 2014 Contracted Maintenance Program. Agenda Report No. II-10 329 2014 CMP Proposal 330 CMP Budget Sheets 348 Resolutions No. 13-240 13-241 350 II-11. 2014 Reconstruction or Rehabilitation of Aged Sanitary Sewers (S-4) and Water Mains Replacement or Relocation (W- 67). Agenda Report No. II-11 353 Resolution No. 13-232 and 13-233 354 NOI 358 II-12. Drug Enforcement Agency – 2013 High Intensity Drug Trafficking Area Task Force (HIDTA). 2 Agenda Report Non. II-12 360 2013 HIDTA MOU 361 II-13. Resolutions Authorizing Congestion Mitigation and Air Quality (CMAQ) grants from the Federal Transit Administration. Agenda Report No. II-13 380 KDOT Form 1312 - KS-95-X005 (12-10-2014) 382 KDOT Form 1312 - KS-95-X009 (12-10-2014) 2 383 Resolution No. 13-242 384 Resolution No. 13-243 386 II-14. Notice of Intent to Use Debt Financing - Tenant Parking Lots and Landside Paving Improvements - Wichita Mid- Continent Airport. Agenda Report No. II-14 388 Resolution No. 13-235 389 II-15. Notice of Intent to Use Debt Financing - Irrigation System Improvements - Wichita Mid-Continent Airport. Agenda Report No. II-15 391 Resolution No. 13-236 392 II-16. Notice of Intent to Use Debt Financing Amendment - Sidewalk Extensions - Wichita Mid-Continent Airport. Agenda Report No. II-16 394 Resolution No. 13-237 395 II-17. Notice of Intent to Use Debt Financing - Campus Street Lights - Wichita Mid-Continent Airport. Agenda Report No. II-17 397 Resolution No. 13-238 398 II-18. Improvements to the K-96 and Greenwich Interchange. (District II) Agenda Report No. II-18 400 Resolution No. 13-244 402 Map 405 II-19. Second Reading Ordinances. II-19 Second Reading Ordinaces 406 II-20. *SUB2013-00026 -- Plat of Monique’s Addition Located South of Kellogg, West of 143rd Street East. (District II) Agenda Report No. II-20 409 II-21. *SUB2013-00036 -- Plat of QuikTrip 14th Addition Located on the southeast Corner of 31st Street South and K-15 Highway. (District III) Agenda Report No. II-21 410 II-22. *ZON2013-00025 – Zone Change Request from SF-5 Single-family Residential to TF-3 Two-Family Residential on Property Generally Located Northeast of the Intersection of North Clara Street and West St. Louis Avenue, 500 north Clara, Southeast of West Central Avenue and North Hoover Avenue. (District VI) Agenda Report No. II-22 411 Ordinance No. 49-643 413

3 Background Information 414 II-23. *ZON2013-00026 – Zone Change Request from SF-5 Single-family Residential to TF-3 Two-family Residential on Property Generally Located on the South Side of West Newell Avenue, 150 Feet West of the Intersection of North Florence Street and West Newell Avenue, Southwest of West Central Avenue and North West Street. (District VI) Agenda Report No. II-23 418 Ordinance No. 49-638 420 Background Information 421 II-24. *ZON2013-00028 – Zone Change from SF-5 Single- Family Residential to GC General Commercial on Property Generally Located East of Broadway Avenue, North of 37th Street South, on the Southeast corner of Galena Street and Topeka Avenue. (District III) Agenda Report No. II-24 425 Ordinance No. 49-644 428 ZON2013-00028 DAB III MEMO 429 ZON2013-00028 11-7-13 MAPC MINUTES EXCERPT 430 II-25. *ZON2013-00029 – Zone Change Request from SF-5 Single-family Residential to TF-3 Two-family Residential on Property Generally Located West of North Millwood Avenue, 160 Feet North of West 1st Street North, Six Blocks West of North Seneca Street and South West Central Avenue, 215 North Millwood Avenue. (District VI) Agenda Report No. II-25 435 Ordinance No. 49-639 437 Background Information 438 II-26. *ZON2013-00030 – Zone Change from LC Limited Commercial to GC General Commercial with a Protective Overlay on Property Generally Located on the East Side of Interstate Highway-235 and on the Northwest Corner of Hoover Road and Central Avenue.(District VI) Agenda Report No. II-26 442 Ordinance No. 49-640 445 ZON2013-00030 Background Information 447 II-27. *ZON2013-00031 – Zone Change from SF-5 Single- Family Residential to MH Manufactured Housing on Property Generally Located on the South Side of MacArthur Road and a Half-mile West of Seneca Street. (District IV) Agenda Report No. II-27 452 Ordinance No. 49-641 454 Background Information 456 II-28. *ZON2013-00027 – Zone Change Request from B Multi- Family Residential and LC Limited Commercial to LC Limited Commercial on Property Generally Located Southwest of the Maple Street and McLean Boulevard Intersection. (District IV) Agenda Report No. II-28 461 Ordinance No. 49-642 463 II-29. *Westar Agreements for Installation of Street Lights - Wichita Mid-Continent Airport. 4 Aenda Report No. II-29 464 Street Light Improvements - Westar Charge Orders 465 II-30. *Irrigation System Improvements - Wichita Mid-Continent Airport. Agenda Report No. II-30 467 II-31. *Tenant Parking Lot and Landside Paving Improvements - Wichita Mid-Continent Airport. Agenda Report No. II-31 468 II-32. *Sidewalk Extensions, Wichita Mid-Continent Airport. Agenda Report No. II-32 469 II-33. *FAA Cable Relocation Reimbursable Agreement - Wichita Mid-Continent Airport. Agenda Report No. II-33 470 FAA Cable Relocation - Reimbursable Agreement 471 II-34. *WAA Report of Board of Bids and Contracts dated December 9, 2013. Agenda Report No. II-34 479

5 REVISED: ADDITION OF WAA BOARD OF BIDS II-34.

FINAL C I T Y C O U N C I L

C I T Y O F W I C H I T A K A N S A S

City Council Meeting City Council Chambers 09:00 a.m. December 10, 2013 455 North Main

OPENING OF REGULAR MEETING

-- Call to Order

-- Invocation

-- Pledge of Allegiance

-- Approve the minutes of the regular meeting on December 3, 2013

AWARDS AND PROCLAMATIONS

None

I. PUBLIC AGENDA

NOTICE: No action will be taken relative to items on this agenda other than referral for information. Requests to appear will be placed on a “first- come, first-served” basis. This portion of the meeting is limited to thirty minutes and shall be subject to a limitation of five minutes for each presentation with no extension of time permitted. No speaker shall be allowed to appear more frequently than once every fourth meeting. Members of the public desiring to present matters to the Council on the public agenda must submit a request in writing to the office of the city manager prior to twelve noon on the Tuesday preceding the council meeting. Matter pertaining to personnel, litigation and violations of laws and ordinances are excluded from the agenda. Rules of decorum as provided in this code will be observed.

None

II. CONSENT AGENDAS (ITEMS 1 THROUGH 34)

NOTICE: Items listed under the “Consent Agendas” will be enacted by one motion with no separate discussion. If discussion on an item is desired, the item will be removed from the “Consent Agendas” and considered separately

(The Council will be considering the City Council Consent Agenda as well as the Planning, Housing, and Airport Consent Agendas. Please see “ATTACHMENT 1 – CONSENT AGENDA ITEMS” for a listing of all Consent Agenda Items.)

6 City Council Meeting Page 2 December 10, 2013

COUNCIL BUSINESS III. UNFINISHED COUNCIL BUSINESS

None

IV. NEW COUNCIL BUSINESS

1. Public Hearing and Tax Exemption Request, Hijos, LLC/JR Custom Metal Products, Inc. (District IV)

RECOMMENDED ACTION: Close the public hearing and approve first reading of the ordinance granting Hijos, LLC/JR Custom Metal Products, Inc. a 46% tax exemption on the identified real property improvements for a five-year term, plus a 46% tax exemption for a second five-year term, subject to City Council review.

2. Public Hearing and Issuance of Industrial Revenue Bonds, Bombardier Learjet. (Districts IV and V)

RECOMMENDED ACTION: Close the public hearing and place on first reading the Bond Ordinance authorizing the execution and delivery of documents for the issuance of Industrial Revenue Bonds for Learjet, Inc. in the amount not-to-exceed $558,553.12 and authorize necessary signatures.

3. Workforce Alliance of South Central Kansas, Inc. Contract.

RECOMMENDED ACTION: Approve the Workforce Alliance of South Central Kansas, Inc. contract in the amount of $202,000 and authorize the necessary signatures.

4. Substantial Amendment to the 2009-2013 Consolidated Plan.

RECOMMENDED ACTION: Authorize a 30 day public comment period for review of a proposed Substantial Amendment to the 2009-2013 Consolidated Plan.

5. Resolution Exempting Certain Public Buildings and Facilities from the Provisions of Senate Substitute for House Bill 2052 (2013).

RECOMMENDED ACTION: Adopt the resolution and that notice be sent by the Mayor to the Kansas Attorney General requesting exemption from the provisions of Senate Substitute for House Bill No. 2052 until December 31, 2017.

6. Ordinance Appropriating the 2014 Budget; Ratifying the Payment of Claims Against the 2013 Budget.

RECOMMENDED ACTION: Approve the passage of the Ordinance.

7 City Council Meeting Page 3 December 10, 2013

7. Year-end Salary and Classification Ordinances

RECOMMENDED ACTION: Place the ordinances on first reading.

8. 2014 Performance Contracts for Cultural Funding.

RECOMMENDED ACTION: Approve 17 Performance Contracts for Cultural Funding for Fiscal Year (FY) 2014.

COUNCIL BUSINESS SUBMITTED BY CITY AUTHORITIES

PLANNING AGENDA

NOTICE: Public hearing on planning items is conducted by the MAPC under provisions of State law. Adopted policy is that additional hearing on zoning applications will not be conducted by the City Council unless a statement alleging (1) unfair hearing before the MAPC, or (2) alleging new facts or evidence has been filed with the City Clerk by 5p.m. on the Wednesday preceding this meeting. The Council will determine from the written statement whether to return the matter to the MAPC for rehearing.

V. NON-CONSENT PLANNING AGENDA

None

HOUSING AGENDA

NOTICE: The City Council is meeting as the governing body of the Housing Authority for consideration and action on the items on this Agenda, pursuant to State law, HUD, and City ordinance. The meeting of the Authority is deemed called to order at the start of this Agenda and adjourned at the conclusion. Fern Griffith, Housing Member is also seated with the City Council.

VI. NON-CONSENT HOUSING AGENDA

None

AIRPORT AGENDA

NOTICE: The City Council is meeting as the governing body of the Airport Authority for consideration and action on items on this Agenda, pursuant to State law and City ordinance. The meeting of the Authority is deemed called to order at the start of this Agenda and adjourned at the conclusion.

VII. NON-CONSENT AIRPORT AGENDA

None

8 City Council Meeting Page 4 December 10, 2013

COUNCIL AGENDA

VIII. COUNCIL MEMBER AGENDA

None

IX. COUNCIL MEMBER APPOINTMENTS

1. Board Appointments.

RECOMMENDED ACTION: Approve the Appointments.

Adjournment

9 City Council Meeting Page 5 December 10, 2013

(ATTACHMENT 1 – CONSENT AGENDA ITEMS 1 THROUGH 34)

II. CITY COUNCIL CONSENT AGENDA ITEMS

1. Report of Board of Bids and Contracts dated December 9, 2013.

RECOMMENDED ACTION: Receive and file report; approve Contracts; authorize necessary signatures.

2. Applications for Licenses to Retail Cereal Malt Beverages:

Renewal 2013 (Consumption off Premises) Kevin Hess Kwik Shop 749*** 2142 North Webb Road Thuan T Ngo CT Happy Store*** 2199 North Woodlawn James Steindler Gotta Stop*** 5600 West MacArthur Road

***Retailer (Grocery stores, convenience stores, etc.)

RECOMMENDED ACTION: Approve licenses subject to Staff review and approval.

3. Preliminary Estimates: (NONE)

RECOMMENDED ACTION: Receive and file.

4. Petitions for Public Improvements: a. Improvements to Clear Creek Addition (District II)

RECOMMENDED ACTION: Approve Petitions; adopt resolutions.

5. Agreements/Contracts: a. Improvements to East Kellogg from Cypress to Wiedemann – AT&T Relocation Agreement. (District II) b. Improvements to East Kellogg from Cypress to Wiedemann – Westar Relocation Agreement. (District II) c. Design Services Agreement for Glen Meadows Addition. (District II)

RECOMMENDED ACTION: Approve Agreements/Contracts; authorize the necessary signatures.

6. Minutes of Advisory Boards/Commissions

Deferred Compensation Board, August 15, 2013 Police and Fire Retirement System, October 23, 2013 Wichita, Employees’ Retirement System, October 16, 2013 Board of Building Code Standards and Appeals, October 7, 2013

RECOMMENDED ACTION: Receive and file.

10 City Council Meeting Page 6 December 10, 2013

7. HOME Program Funding Agreement Amendment; Mennonite Housing. (District I)

RECOMMENDED ACTION: Approve the amendment to the funding agreement to extend the project completion period and authorize the necessary signatures.

8. Sidewalk Repair and Cleaning Assessment Program.

RECOMMENDED ACTION: Approve the proposed assessments and place the ordinances on first reading.

9. Contracts and Agreements for November 2013.

RECOMMENDED ACTION: Receive and file.

10. Proposed 2014 Contracted Maintenance Program.

RECOMMENDED ACTION: Approve the 2014 Contracted Maintenance Program, adopt the resolutions and authorize the necessary signatures.

11. 2014 Reconstruction or Rehabilitation of Aged Sanitary Sewers (S-4) and Water Mains Replacement or Relocation (W-67).

RECOMMENDED ACTION: Approve the projects, adopt the resolutions and authorize the necessary signatures.

12. Drug Enforcement Agency – 2013 High Intensity Drug Trafficking Area Task Force (HIDTA).

RECOMMENDED ACTION: Approve the 2013 HIDTA grant and Memorandum of Understanding.

13. Resolutions Authorizing Congestion Mitigation and Air Quality (CMAQ) grants from the Federal Transit Administration.

RECOMMENDED ACTION: Adopt the resolutions and authorize the necessary signatures.

14. Notice of Intent to Use Debt Financing - Tenant Parking Lots and Landside Paving Improvements - Wichita Mid- Continent Airport.

RECOMMENDED ACTION: Adopt the Resolution and authorize the necessary signatures.

15. Notice of Intent to Use Debt Financing - Irrigation System Improvements - Wichita Mid-Continent Airport.

RECOMMENDED ACTION: Adopt the Resolution and authorize the necessary signatures.

16. Notice of Intent to Use Debt Financing Amendment - Sidewalk Extensions - Wichita Mid-Continent Airport.

RECOMMENDED ACTION: Adopt the Amending Resolution and authorize the necessary signatures.

11 City Council Meeting Page 7 December 10, 2013

17. Notice of Intent to Use Debt Financing - Campus Street Lights - Wichita Mid-Continent Airport.

RECOMMENDED ACTION: Adopt the Resolution and authorize the necessary signatures.

18. Improvements to the K-96 and Greenwich Interchange. (District II)

RECOMMENDED ACTION: Approve the revised budget, adopt the bond resolution, and authorize all necessary signatures for the acquisition and granting of easements, and all permits and agreements associated with the project.

19. Second Reading Ordinances: (First Read December 3, 2013)

RECOMMENDED ACTION: Adopt the Ordinances.

II. CONSENT PLANNING AGENDA ITEMS

20. *SUB2013-00026 -- Plat of Monique’s Addition Located South of Kellogg, West of 143rd Street East. (District II)

RECOMMENDED ACTION: Approve the plat and authorize the necessary signatures.

21. *SUB2013-00036 -- Plat of QuikTrip 14th Addition Located on the southeast Corner of 31st Street South and K- 15 Highway. (District III)

RECOMMENDED ACTION: Approve the plat and authorize the necessary signatures.

22. *ZON2013-00025 – Zone Change Request from SF-5 Single-family Residential to TF-3 Two-Family Residential on Property Generally Located Northeast of the Intersection of North Clara Street and West St. Louis Avenue, 500 north Clara, Southeast of West Central Avenue and North Hoover Avenue. (District VI)

RECOMMENDED ACTION: Adopt the findings of the MAPC, and approve the TF-3 zoning subject to Protective Overlay #281, authorize the Mayor to sign and place the Ordinance on first reading (simple majority vote required).

23. *ZON2013-00026 – Zone Change Request from SF-5 Single-family Residential to TF-3 Two-family Residential on Property Generally Located on the South Side of West Newell Avenue, 150 Feet West of the Intersection of North Florence Street and West Newell Avenue, Southwest of West Central Avenue and North West Street. (District VI)

RECOMMENDED ACTION: Adopt the findings of the MAPC, and approve the zone change to TF-3 Two- family Residential; authorize the Mayor to sign the zone change ordinance and place the ordinance on first reading (simple majority vote required).

12 City Council Meeting Page 8 December 10, 2013

24. *ZON2013-00028 – Zone Change from SF-5 Single-Family Residential to GC General Commercial on Property Generally Located East of Broadway Avenue, North of 37th Street South, on the Southeast corner of Galena Street and Topeka Avenue. (District III)

RECOMMENDED ACTION: Adopt the findings of the MAPC, approve the zone change, subject to coming into compliance with the Unified Zoning Code’s parking standards and platting within one year of the governing body approving and instruct the Planning Department to forward the ordinance for first reading when the plat is complete (simple majority required).

25. *ZON2013-00029 – Zone Change Request from SF-5 Single-family Residential to TF-3 Two-family Residential on Property Generally Located West of North Millwood Avenue, 160 Feet North of West 1st Street North, Six Blocks West of North Seneca Street and South West Central Avenue, 215 North Millwood Avenue. (District VI)

26. *ZON2013-00030 – Zone Change from LC Limited Commercial to GC General Commercial with a Protective Overlay on Property Generally Located on the East Side of Interstate Highway-235 and on the Northwest Corner of Hoover Road and Central Avenue. (District VI)

RECOMMENDED ACTION: Adopt the findings of the MAPC, approve the zone change subject to the additional recommended provisions of Protective Overlay #282, and place the ordinance establishing the zone change on first reading (simple majority required).

27. *ZON2013-00031 – Zone Change from SF-5 Single-Family Residential to MH Manufactured Housing on Property Generally Located on the South Side of MacArthur Road and a Half-mile West of Seneca Street. (District IV)

RECOMMENDED ACTION: Adopt the findings of the MAPC, approve the zone change subject to a boundary shift and dedication of 35 feet of public street right-of-way, and instruct the Planning Department to forward the ordinance for first reading when the boundary shift is complete (simple majority required).

28. *ZON2013-00027 – Zone Change Request from B Multi-Family Residential and LC Limited Commercial to LC Limited Commercial on Property Generally Located Southwest of the Maple Street and McLean Boulevard Intersection. (District IV)

RECOMMENDED ACTION: Adopt the findings of the MAPC and approve the zone change request, place the ordinance on first reading and authorize the Mayor to sign the ordinance (simple majority vote required).

13 City Council Meeting Page 9 December 10, 2013

II. CONSENT HOUSING AGENDA ITEMS

None

II. CONSENT AIRPORT AGENDA ITEMS

29. *Westar Agreements for Installation of Street Lights - Wichita Mid-Continent Airport.

RECOMMENDED ACTION: Approve the project budget, approve the agreements, and authorize the necessary signatures.

30. *Irrigation System Improvements - Wichita Mid-Continent Airport.

RECOMMENDED ACTION: Approve the project budget and authorize the necessary signatures.

31. *Tenant Parking Lot and Landside Paving Improvements - Wichita Mid-Continent Airport.

RECOMMENDED ACTION: Approve the budget and authorize the necessary signatures.

32. *Sidewalk Extensions, Wichita Mid-Continent Airport.

RECOMMENDED ACTION: Approve the project budget adjustment and authorize the necessary signatures.

33. *FAA Cable Relocation Reimbursable Agreement - Wichita Mid-Continent Airport.

RECOMMENDED ACTION: Approve the agreement and authorize the Director of Airports to sign all the documents related to the Reimbursable Agreement.

34. WAA Board of Bids and Contracts dated December 9, 2013.

RECOMMENDED ACTION: Receive and file report; approve Contracts; authorize necessary signatures.

14 Agenda Item No. IV- 1

City of Wichita City Council Meeting December 10, 2013

TO: Mayor and City Council

SUBJECT: Public Hearing and Tax Exemption Request (Hijos, LLC/JR Custom Metal Products, Inc.) (District IV)

INITIATED BY: Office of Urban Development

AGENDA: New Business

Recommendation: Close the public hearing and place the ordinance on first reading.

Background: JR Custom Metal Products, Inc. (“JR Custom”) is a manufacturer of a diverse line of metal fabricated products and equipment. JR Custom specializes in the unique designing and engineering of metal products from aluminum, stainless steel, titanium and hot roll steel materials. The firm has been engaged in the manufacturing of metal fabricated products since 1974. JR Custom has a diversified customer base that includes manufacturers of aircraft, agricultural and construction equipment, meat processing and trucking companies, among others. JR Custom estimates that 80% of its production is exported outside of Kansas.

JR Custom has submitted a letter of intent to seek an Economic Development Tax Exemption (“EDX”) to the City for a building acquisition and the company is requesting approval of an EDX tax abatement.

Analysis: The owners of JR Custom have a real estate holding entity named Hijos, LLC (“Hijos”). Hijos intends to acquire the 10,400 square foot building located at 2121 S. Custer and lease it to JR Custom. JR Custom has recently received expanded contracts in the agricultural, wind power and oil and gas industries and is at capacity at its current facilities. The expansion into the Custer building will accommodate welding and assembly of products. The building on Custer has been vacant for more than two years.

Hijos intends to invest $709,500 for the acquisition and renovation of the facility. JR Custom currently employs 135 and plans to add an additional 15 new jobs at an average annual salary of $31,200. Based upon the capital investment and job creation, the project qualifies for a 46% tax exemption on a five-plus- five year basis. Under State law, EDX exemptions are not allowed for leased property unless the company qualifying for EDX is related to the landlord by ownership. The Kansas Court of Tax Appeals (COTA) has determined that in those circumstances, an EDX exemption must also be granted on personal property owned by the qualifying company for the same term. The company is asking for an exemption on one Five Ton Crane 50ft Span ,Top-Running Single-Girder Crane System at a cost of $69,043.

Financial Considerations: Based on the 2012 mill levy, if the property was appraised at the dollar amount of the acquisition price plus the cost of the improvements ($709,500), the estimated taxable value of exempted property for the first full year is approximately $9,837. The value of the 46% real property tax exemption as applicable to taxing jurisdictions is:

City $ 2,649 State $ 122 County $ 2,403 USD 259 $ 4,663

Wichita State University’s Center for Economic Development and Business Research performed a cost- benefit analysis indicating benefit-to-cost ratios, which are as follows:

15 Hijos, LLC/JR Custom metal Products, Inc./Hijos, LLC EDX December 10, 2013 Page 2

City of Wichita Overall 3.30 to one City of Wichita General Fund 3.07 to one City of Wichita Debt Service Fund 3.71 to one Sedgwick County 2.71 to one USD 259 2.17 to one State of Kansas 34.99 to one

Legal Considerations: The Law Department has approved the attached Ordinance and Economic Development Incentive Agreement as to form.

Recommendations/Actions: It is recommended that the City Council close the public hearing and approve first reading of the ordinance granting Hijos, LLC/JR Custom Metal Products, Inc. a 46% tax exemption on the identified real property improvements for a five-year term, plus a 46% tax exemption for a second five-year term, subject to City Council review.

Attachments: Ordinance, Economic Development Incentive Agreement

16 Economic Development Incentive Agreement

THIS ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT (the “Agreement”) is made and entered into on this ____ day of December, 2013, by and between the City of Wichita, Kansas, hereinafter referred to as the “City,” and Hijos, LLC/JR Custom Metal Products, Inc. hereinafter referred to as the “Company.”

WHEREAS, the Company currently operates a facility in Wichita, Kansas, for fabrication of metal products for the transportation industry, and, as of December 31, 2013 will have acquired a facility and machinery and equipment; and

WHEREAS, both the City and the Company desire for the Company to continue operating its business in Wichita, Kansas; and

WHEREAS, the City desires to increase employment opportunities for the citizens of Wichita, Kansas, and to further the other goals advanced by its economic development incentive policy; and

WHEREAS, the Company warrants that it is capable of, and desires to, increase the number of employment positions at its Wichita, Kansas facility; and

WHEREAS, the City has designed an economic development incentive program to accomplish its goal of increasing employment opportunities in Wichita, Kansas; and

WHEREAS, the purpose of this Agreement is to state the terms and conditions under which the City will cooperate in furnishing said economic development incentives.

NOW, THEREFORE, in consideration of the mutual conditions, covenants and promises contained herein, the parties hereto agree as follows:

1. THE COMPANY. The Company agrees (to the extent not already hitherto performed) that it shall do the following:

A. By December 31, 2013, the Company will have completed the acquisition and renovation of a building and installation of manufacturing equipment at the manufacturing facility, located at 2121 South Custer, Wichita, Kansas, at a cost of $709,500, to be used exclusively for the purposes of manufacturing articles of commerce;

B. Maintain, throughout the period from the date of this Agreement to December 31, 2018, employment of not less than one hundred thirty five (135) employees at such manufacturing facility;

17 C. On or prior to December 31, 2018, the Company will add an additional fifteen (15) new jobs at such manufacturing facility, and maintain employment of not less than one-hundred fifty (150) employees at such manufacturing facility, through at least December 31, 2023;

D. During the entire term of this Agreement, the Company will continuously maintain the average wage paid to its employees at a level (1) equal to or greater than the average wage paid by businesses in the Wichita Metropolitan Statistical Area with the Company’s NAICS classification, or alternatively, (2) greater than the average wage for all jobs in the Wichita Metropolitan Statistical Area excluding wages paid by businesses classified in NAICS Sector 336;

E. During the entire term of this Agreement, the Company will meet any Equal Employment Opportunity/Affirmative Action goals set forth in its periodic filings with the City, and will annually file its Equal Employment Opportunity/Affirmative Action Plan with the City;

F. During the entire term of this Agreement, the Company will timely pay all ad valorem property taxes levied on its real or personal property within Sedgwick County, Kansas;

G. During the entire term of this Agreement, the Company will ensure that it does not discriminate or permit discrimination against any person on the basis of race, color, national origin or ancestry, religion, sex, age, disability or marital status in its operations or services, and the Company will comply with all applicable provisions of the Civil Rights Act of 1964, as amended; the Equal Employment Opportunity Act of 1972; Presidential Executive Orders 11246, 11375 and 11141; Part 60 of Title 41 of the Code of Federal Regulations; the Age Discrimination in Employment Act of 1967; the Kansas Act Against Discrimination, K.S.A. 44-1000, et seq.; the Code of the City of Wichita Section 2.12.950; and, any laws, amendments or regulations promulgated thereunder, including any Ordinance of the City of Wichita, Kansas, presently existing or hereafter enacted, which pertains to civil rights and equal employment opportunity;

H. During the entire term of this Agreement, the Company will comply with all applicable governmental laws, rules and regulations; and,

I. During the entire term of this Agreement, the Company will cooperate with any annual compliance audit procedure(s) the City may adopt to monitor compliance with conditions, including any annual reports required of the Company and any inspection of the Company’s premises or interviews with the Company’s staff.

18 2. EFFECT OF COMPANY’S BREACH; REMEDIES. The Company acknowledges that in the event of its noncompliance with any of its obligations or agreements under the foregoing Section 1, the City will not have received the social and economic development benefits expected in connection with its entry into this Agreement and its furnishing of the economic development incentives provided for hereunder, and the resulting loss to the City will be difficult to measure. In such event, Company shall be required to pay to the City, as liquidated damages, or as a payment in lieu of tax, an amount equal to the ad valorem taxes that would theretofore have been payable but for the tax exemption referred to in Section 3 of this Agreement, and the City shall be entitled to take action to cancel and revoke such exemption for any subsequent period. No delay or omission by the City to enforce any of its rights as provided for herein shall impair such right, nor shall any such delay or omission be construed to be a waiver of such right.

3. THE CITY. So long as the Company meets and performs its obligations under this Agreement, it is the City’s intention that the 10,4000 square foot building acquired by the Company pursuant to Section 1.A., above, shall be entitled to a 46% exemption from ad valorem taxation for a period of five (5) calendar years, commencing January 1, 2014, and provided proper application is made therefor. It is the City’s further intention that the building expansion shall be entitled to a 46% exemption from ad valorem taxation for an additional period of five years from January 1, 2019 to December 31, 2023, subject to the approval, in 2018, of the then current governing body. The City agrees that, during the term of this Agreement, and so long as the Company continues to meet and perform all of its obligations under this Agreement, the City will reasonably cooperate with the Company’s efforts to perfect the intended exemption before the Kansas Court of Tax Appeals, and to make all necessary annual filings required to maintain such ad valorem tax exemption in full force and effect during the term of this Agreement, in accordance with K.S.A. 79-210 et seq.

4. TERM. This Agreement shall commence on the date first written above, and shall end on December 31, 2023.

5. INCORPORATION OF APPENDIX. Appendix A (Revised Non- Discrimination and Equal Employment Opportunity/Affirmative Action Program Requirements Statement for Contracts or Agreements) is attached hereto and made a part hereof as if fully set out herein.

6. ENTIRE AGREEMENT. This Agreement and any Appendices attached hereto contain all the terms and conditions agreed upon by both parties. No other understandings, oral or otherwise, regarding the subject matter of this agreement shall be deemed to exist or to bind any of the parties hereto. Any agreement not contained herein shall not be binding on either party, nor of any force or effect. In the event of a conflict between the terms of this Agreement and the terms

19 contained in an Appendix, Statement of Work or other attachment, the terms of this Agreement will control.

7. NOTIFICATION. Notifications required pursuant to this Agreement shall be made in writing and mailed to the addresses shown below. Such notification shall be deemed complete upon mailing.

City: Office of Economic Development Attn: Economic Development Administrator 455 North Main, 13th Floor Wichita, Kansas 67202 and Department of Law Attn: City Attorney 455 North Main, 13th Floor Wichita, Kansas 67202

Company: Hijos, LLC/JR Custom Metal Products, Inc. Attn: Patricia Koehler 2237 South West Street Court Wichita, Kansas 67213

8. AUTHORITY. Each person executing this Agreement represents and warrants that they are duly authorized to do so on behalf of the entity that is a party hereto.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. CITY OF WICHITA, KANSAS

ATTEST: ______Carl Brewer, Mayor

______Karen Sublett, City Clerk HIJOS, LLC/JR CUSTOM METAL PRODUCTS, INC.

APPROVED AS TO FORM: ______Patricia Koehler Gary Rebenstorf President Director of Law\

20 APPENDIX A

REVISED NON-DISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY/AFFIRMATIVE ACTION PROGRAM REQUIREMENTS STATEMENT FOR CONTRACTS OR AGREEMENTS

During the term of this contract, the contractor or subcontractor, vendor or supplier of the City, by whatever term identified herein, shall comply with the following Non-Discrimination--Equal Employment Opportunity/Affirmative Action Program Requirements:

A. During the performance of this contract, the contractor, subcontractor, vendor or supplier of the City, or any of its agencies, shall comply with all the provisions of the Civil Rights Act of 1964, as amended: The Equal Employment Opportunity Act of 1972; Presidential Executive Orders 11246, 11375, 11131; Part 60 of Title 41 of the Code of Federal Regulations; the Age Discrimination in Employment Act of 1967; the Americans with Disabilities Act of 1990 and laws, regulations or amendments as may be promulgated thereunder.

B. Requirements of the State of Kansas:

1. The contractor shall observe the provisions of the Kansas Act against Discrimination (Kansas Statutes Annotated 44-1001, et seq.) and shall not discriminate against any person in the performance of work under the present contract because of race, religion, color, sex, disability, and age except where age is a bona fide occupational qualification, national origin or ancestry;

2. In all solicitations or advertisements for employees, the contractor shall include the phrase, "Equal Opportunity Employer", or a similar phrase to be approved by the "Kansas Human Rights Commission";

3. If the contractor fails to comply with the manner in which the contractor reports to the "Kansas Human Rights Commission" in accordance with the provisions of K.S.A. 1976 Supp. 44-1031, as amended, the contractor shall be deemed to have breached this contract and it may be canceled, terminated or suspended in whole or in part by the contracting agency;

4. If the contractor is found guilty of a violation of the Kansas Act against Discrimination under a decision or order of the "Kansas Human Rights Commission" which has become final, the contractor shall be deemed to have breached the present contract, and it may be canceled, terminated or suspended in whole or in part by the contracting agency;

A-1 21 5. The contractor shall include the provisions of Paragraphs 1 through 4 inclusive, of this Subsection B, in every subcontract or purchase so that such provisions will be binding upon such subcontractor or vendor.

C. Requirements of the City of Wichita, Kansas, relating to Non-Discrimination -- Equal Employment Opportunity/Affirmative Action Program Requirements:

1. The vendor, supplier, contractor or subcontractor shall practice Non- Discrimination -- Equal Employment Opportunity in all employment relations, including but not limited to employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The vendor, supplier, contractor or subcontractor shall submit an Equal Employment Opportunity or Affirmative Action Program, when required, to the Department of Finance of the City of Wichita, Kansas, in accordance with the guidelines established for review and evaluation;

2. The vendor, supplier, contractor or subcontractor will, in all solicitations or advertisements for employees placed by or on behalf of the vendor, supplier, contractor or subcontractor, state that all qualified applicants will receive consideration for employment without regard to race, religion, color, sex, "disability, and age except where age is a bona fide occupational qualification", national origin or ancestry. In all solicitations or advertisements for employees the vendor, supplier, contractor or subcontractor shall include the phrase, "Equal Opportunity Employer", or a similar phrase;

3. The vendor, supplier, contractor or subcontractor will furnish all information and reports required by the Department of Finance of said City for the purpose of investigation to ascertain compliance with Non-Discrimination -- Equal Employment Opportunity Requirements. If the vendor, supplier, contractor, or subcontractor fails to comply with the manner in which he/she or it reports to the City in accordance with the provisions hereof, the vendor, supplier, contractor or subcontractor shall be deemed to have breached the present contract, purchase order or agreement and it may be canceled, terminated or suspended in whole or in part by the City or its agency; and further Civil Rights complaints, or investigations may be referred to the State;

4. The vendor, supplier, contractor or subcontractor shall include the provisions of Subsections 1 through 3 inclusive, of this present section in every subcontract, subpurchase order or subagreement so that such provisions will be binding upon each subcontractor, subvendor or subsupplier.

5. If the contractor fails to comply with the manner in which the contractor reports to the Department of Finance as stated above, the contractor shall be deemed to have breached this contract and it may be canceled, terminated or suspended in whole or in part by the contracting agency;

A-2 22 D. Exempted from these requirements are:

1. Those contractors, subcontractors, vendors or suppliers who have less than four (4) employees, whose contracts, purchase orders or agreements cumulatively total less than five thousand dollars ($5,000) during the fiscal year of said City are exempt from any further Equal Employment Opportunity or Affirmative Action Program submittal.

2. Those vendors, suppliers, contractors or subcontractors who have already complied with the provisions set forth in this section by reason of holding a contract with the Federal government or contract involving Federal funds; provided that such contractor, subcontractor, vendor or supplier provides written notification of a compliance review and determination of an acceptable compliance posture within a preceding forty-five (45) day period from the Federal agency involved.

A-3 23 OCA 028001

FIRST PUBLISHED IN THE WICHITA EAGLE ON DECEMBER 20, 2013

ORDINANCE NO. 49-629

AN ORDINANCE EXEMPTING PROPERTY FROM AD VALOREM TAXATION FOR ECONOMIC DEVELOPMENT PURPOSES PURSUANT TO ARTICLE 11, SECTION 13, OF THE KANSAS CONSTITUTION; PROVIDING THE TERMS AND CONDITIONS FOR AD VALOREM TAX EXEMPTION; AND DESCRIBING THE PROPERTY OF JR CUSTOM METAL PRODUCTS, SO EXEMPTED.

WHEREAS, Article 11, Section 13, of the Kansas Constitution provides that the governing body of the City may, by Ordinance, exempt from all ad valorem taxation all or any portion of the appraised value of certain property meeting the requirements of the constitutional provision; and

WHEREAS, the City of Wichita has adopted an Economic Development Incentive Policy by which the City will consider granting tax exemptions upon a clear and factual showing of direct economic benefit including the creation of additional jobs or the upgrading of existing jobs and the stimulation of additional private investment; and

WHEREAS, Hijos, LLC/JR Custom Metal Products, Inc., requests an ad valorem tax exemption on a proposed expansion project of 46% for a five-plus-five year term on the acquisition of an existing building; and

WHEREAS, JR Custom Metal Products, has operated within the City for more than forty years as a fabricator of metal products; and

WHEREAS, Hijos, LLC/JR Custom Metal Products, Inc., proposes a $709,500 expansion by the acquisition of an existing building expansion located at 2121 South Custer in southwest Wichita; and

WHEREAS, JR Custom Metal products, Inc. will have a lease with a real estate holding entity, Hijos, LLC, which is owned by the owner of JR Custom metal Products, Inc.; and

WHEREAS, Under state law, EDX exemptions are not allowed for leased property unless the company qualifying for EDX is related to the landlord by ownership; and

WHEREAS, An EDX exemption must also be granted on property owned by the qualifying company for the same term; and

WHEREAS, Hijos, LLC/JR Custom metal products, Inc., proposes $69,043 in equipment to

be exempted; and

WHEREAS, the City Council of the City of Wichita has reviewed the application and supporting documentation supplied by Hijos, LLC/JR Custom Metal Products, Inc., has reviewed the impact statements provided by Staff, and the Cost-Benefit Analysis by the Wichita State University and has conducted a public hearing on such application on December 10, 2013; and

WHEREAS, the City Council of the City of Wichita has found and determined:

1. Hijos, LLC/JR Custom Metal Products, Inc., is an existing business located in Wichita, Kansas, and intends to expand its business by acquisition of an existing building.

2. The acquisition of the building for which exemption is given occurred after December 1, 2013. No exemption will be given for and costs which occurred before that date.

3. Such acquisition is to be used exclusively for manufacturing articles of commerce.

4. By such expansion, JR Custom Metal Products will create new employment for 15 employees within five years after the start of the project.

5. Tax exemption will be given only for the acquisition and renovation of a building and for equipment.

6. The property on which exemption is given will meet the requirements of the Kansas Constitution and the City of Wichita's Economic Development Incentive Policy.

7. Such ad valorem tax exemption is in the public interest providing for economic growth and benefit including the creation of jobs and stimulating additional private investment.

NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA, KANSAS,

1. The City Council of the City of Wichita, Kansas hereby makes a factual determination that an ad valorem tax exemption of the type requested by Hijos, LLC/JR Custom Metal Products, Inc. is required to retain jobs in the State of Kansas, and that the property to be exempted is to be used exclusively for manufacturing articles of commerce.

2. Hijos, LLC/JR Custom Metal Products, Inc. is hereby granted an ad valorem tax exemption of 46% for a five-year term on the acquisition and renovation of a building and 46% for a second five years, subject to the approval of the then current governing body, located within the Wichita City limits at 2121 South Custer in southwest Wichita, at an estimated cost of $709,500. Such exemption is to begin in the calendar year after the calendar year in which the expansion is completed, and may be terminated early (and Hijos, LLC/JR Custom Metal Products, Inc. may be required to repay amounts previously abated), in the event of any failure by Hijos, LLC/JR Custom Metal Products, Inc. to perform its obligations under the Economic Development Incentive Agreement it has executed with the City.

3. The Economic Development Incentive Agreement between the City of Wichita and Hijos, LLC/JR Custom Metal Products, Inc. is hereby approved.

4. The Office of Urban Development shall be responsible for monitoring the performance of Hijos, LLC/JR Custom Metal Products, Inc. and shall provide annual reports on such performance.

5. Such exemption is subject to verification that the level of employment at the time of the completion of the project is at least equal to the level of employment as stated in Hijos, LLC/JR Custom Metal, Inc.’s written request for ad valorem tax exemptions as presented to the City Council and to administrative staff and dated November 15, 2013 and as stated in JR Custom Metal Products’ annually approved EEO/AA Plan.

6. Such exemption may hereafter be withdrawn by the City Council upon a finding that Hijos, LLC/JR Custom Metal Product, Inc. no longer is entitled to such exemption in accordance with the Economic Development Incentive Agreement, which Hijos, LLC/JR Custom Metal Products, Inc. has executed with the City.

7. The City Council may, at its discretion, require Hijos, LLC/JR Custom Metal Products, Inc. to return all funds exempted if there is a failure to meet the terms and conditions of the Economic Development Incentive Agreement which Hijos, LLC/JR Custom Metal Products, Inc. has executed with the City.

8. Upon finding that Hijos, LLC/JR Custom Metal Products, Inc. has failed to meet its obligations under the Economic Development Incentive Agreement, the City Council shall require the repayment of all prior amounts of taxes that have been exempted and shall withhold any future exemption of taxes on Hijos, LLC/JR Custom Metal Products, Inc.’s expansion project. All repayments shall be redistributed to the local taxing authorities at the proper taxing rates.

9. This Ordinance shall be in full force and effect from and after its passage and publication in the official City paper.

Passed by the governing body of the City of Wichita, Kansas this 17th day of December , 2013.

______Carl Brewer, Mayor

ATTEST:

______Karen Sublett, City Clerk

Approved as to Form:

______Gary E. Rebenstorf, City Attorney

Agenda Item No. IV-2

City of Wichita City Council Meeting December 10, 2013

TO: Mayor and City Council

SUBJECT: Public Hearing and Issuance of Industrial Revenue Bonds (Bombardier Learjet) (Districts IV and V)

INITIATED BY: Office of Urban Development

AGENDA: New Business

Recommendation: Close the public hearing and place the ordinance on first reading.

Background: On November 6, 2007, the City Council approved a five year Letter of Intent (“LOI”) for Industrial Revenue Bonds (“IRBs”) in an amount not-to-exceed $79,188,000 for Bombardier Learjet (“Learjet”) to finance expansion and modernization of its aircraft manufacturing plant located at Mid- Continent Airport for a five year term. The City Council also approved a 100% five-plus-five year property tax abatement on bond-financed property. On April 16, 2013, the City Council reinstated and extended the LOI through the end of 2013. Learjet has an unused balance of approximately $32,099,080.41 from the 2007 LOI.

The City Council has approved a number of annual IRB issues for Learjet going back to 1961. In 2009, Learjet began requesting semi-annual issues. At this time, Learjet is requesting issuance of IRBs in the amount not-to-exceed $558,553.12 to finance its capital investments for the second half of 2013.

Analysis: Learjet is a wholly owned subsidiary of Bombardier, Inc. (“Bombardier”), a Canadian corporation headquartered in Montreal, Quebec. Bombardier is engaged in the design, development, manufacturing and marketing of transportation equipment, aerospace and defense products. Learjet is a member of the Bombardier Aerospace Group, and is engaged in the manufacturing and sales of business jet aircraft including the Learjet 40, the Learjet 60, the Learjet 45, and the newest models, the Learjet 70, 75 and 85. Learjet’s principal manufacturing facilities, corporate and marketing offices and the Bombardier Flight Test Center are located at One Learjet Way on Mid-Continent Airport.

On November 15, 2011, the City Council approved an Economic Development Grant Agreement in an amount of $1,000,000 (matched by Sedgwick County) for the purpose of incentivizing Learjet to invest nearly $53 million to build and create Centers of Excellence in engineering and information technology, as well as to build a new Bombardier Flight Test Center and the creation of 450 new jobs.

Proceeds from the bonds will be used to finance capital investments made by Learjet in the second half of 2013 to expand and equip manufacturing facilities. Investments include construction of a sandblast room within its hydraulic lab as well new tooling and equipment and software updates.

The law firm of Gilmore & Bell, PC serves as bond counsel in the transaction. Learjet Inc. will purchase the bonds. Learjet has complied with the Standard Conditions contained in the City’s IRB Policy.

Financial Considerations: Bombardier Learjet agrees to pay all costs of issuing the bonds and agrees to pay the City's $2,500 annual IRB administrative fee for the term of the bonds. The City Council has approved a 100% abatement of ad valorem property taxes on the expansion project for five years plus a second five years subject to review and approval by the City Council. Bond-financed purchases are also exempt from state and local sales tax. Learjet invested $65,700 on real property improvements. Based on

28 Public Hearing and Issuance of IRBs - Learjet December 10, 2013 Page 2

the 2012 mill levy, the value of the abated taxes on that investment could be as much as $1,980. This estimate assumes that 100% of the $65,700 cost of improvements to real property will be reflected in a dollar-for-dollar increase in property value. The actual increase in valuation, if any, will be determined by the Sedgwick County Appraisers Office in the future as part of its on-going reappraisal process. The tax abatement would be shared among the taxing entities as follows: City - $533; County/State - $508; and USD 259 - $939.

A cost/benefit analysis (“CBA”) was conducted by Wichita State University’s Center for Economic Development and Business Research in 2011, in conjunction with the approval of the $1,000,000 economic development grant for Learjet’s current expansion. This CBA reflects the fiscal impact of IRB property tax abatements on new facilities as well as the grant. The CBA calculated the following benefit/cost ratios:

City overall 1.60 to one General Fund 1.26 to one Debt Service 2.49 to one County 1.23 to one USD 259 19.29 to one State 46.79 to one

Legal Considerations: Bond documents required for the issuance of the bonds will be prepared by bond counsel. The form of bond documents will be subject to review and approval by the Law Department prior to the issuance of any bonds.

Recommendations/Actions: It is recommended that the City Council close the public hearing and place on first reading the Bond Ordinance authorizing the execution and delivery of documents for the issuance of Industrial Revenue Bonds for Learjet, Inc. in the amount not-to-exceed $558,553.12 and authorize necessary signatures.

Attachments: Bond Ordinance

29 Gilmore & Bell, P.C. 11/20/2013

(Published in the Wichita Eagle on December 19, 2013)

ORDINANCE NO. 49-630

AN ORDINANCE AUTHORIZING THE CITY OF WICHITA, KANSAS, TO ISSUE ITS TAXABLE INDUSTRIAL REVENUE BONDS IN THE ORIGINAL AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $558,553.12 FOR THE PURPOSE OF PROVIDING FUNDS TO FINANCE THE INSTALLATION OF IMPROVEMENTS TO CERTAIN EXISTING AVIATION MANUFACTURING AND FLIGHT TESTING FACILITIES AS WELL AS TO FINANCE THE ACQUISITION OF CERTAIN MACHINERY AND EQUIPMENT FOR SUCH FACILITIES LOCATED IN THE CITY OF WICHITA, KANSAS; PRESCRIBING THE FORM AND AUTHORIZING EXECUTION OF A TWENTY-FOURTH SUPPLEMENTAL TRUST INDENTURE BY AND BETWEEN THE CITY AND THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., ST. LOUIS, MISSOURI (THE "TRUSTEE"), AS TRUSTEE WITH RESPECT TO THE BONDS; PRESCRIBING THE FORM AND AUTHORIZING THE EXECUTION OF A TWENTY-FOURTH SUPPLEMENTAL LEASE BY AND BETWEEN LEARJET INC. AND THE CITY APPROVING THE FORM OF A GUARANTY AGREEMENT; AND AUTHORIZING THE EXECUTION OF BOND PURCHASE AGREEMENT BY AND BETWEEN THE CITY AND LEARJET INC., AS PURCHASER OF THE BONDS.

WHEREAS, the City of Wichita, Kansas (the "Issuer") is authorized by K.S.A. 12-1740 to 12- 1749d, inclusive, as amended (the "Act"), to acquire, purchase, construct, install and equip certain improvements and additions (as defined in the Act) for commercial, industrial and manufacturing purposes, and to enter into leases and lease-purchase agreements with any persons, firm or corporation for said facilities, and to issue revenue bonds for the purpose of paying the cost of any such facilities and to refund such revenue bonds previously issued; and

WHEREAS, pursuant to the Act, the Issuer's Governing Body has heretofore: (1) expressed its intent to issue Taxable Industrial Revenue Bonds (Learjet Inc.), in the original aggregate principal amount not to exceed $86,000,000, pursuant to a Letter of Intent dated September 10, 1996; and (2) expressed its intent to issue Taxable Industrial Revenue Bonds (Learjet Inc.), in the original aggregate principal amount not to exceed an additional $79,188,000, pursuant to a Letter of Intent dated November 16, 2007 (collectively, the "Letter of Intent"); all for the purpose of paying the cost of constructing, installing and equipping an expansion and improvements to existing aviation manufacturing and flight testing facilities (the "Project"); and

WHEREAS, pursuant to various ordinances of the Issuer, the Issuer has heretofore authorized the issuance of twenty-three series of such taxable industrial revenue bonds, in the original aggregate principal amount of $123,732,339.95 (the "Outstanding Bonds"), for the purpose of constructing, equipping and installing portions of the Project; and

WHEREAS, in connection with the issuance of the Outstanding Bonds, the Issuer has heretofore authorized (i) the execution and delivery of a Trust Indenture dated as of December 1, 1996, as supplemented and amended from time to time in accordance with the provisions thereof and together with

JLN\600809.089\BOND ORDINANCE (11-20-13)

30 the herein authorized and defined Twenty-Fourth Supplemental Indenture (collectively, the "Indenture") with The Bank of New York Mellon Trust Company, N.A., St. Louis, Missouri (as successor to INTRUST Bank, N.A., Wichita, Kansas), as trustee (the "Trustee"), for the purpose of issuing and securing the Outstanding Bonds and any Additional Bonds (as defined therein), and (ii) the execution and delivery of a Lease Agreement dated as of December 1, 1996, as supplemented and amended from time to time in accordance with the provisions thereof and together with the herein authorized and defined Twenty-Fourth Supplemental Lease (collectively, the "Lease"), by and between the Issuer, as lessor, and Learjet Inc., a Kansas corporation (the "Tenant"), as lessee, under which the proceeds of the Outstanding Bonds were used to pay a portion of the costs of the Project; and

WHEREAS, the Issuer has heretofore and does hereby find and determine that it is desirable in order to promote, stimulate and develop the general economic welfare and prosperity of the Issuer and the State of Kansas that the Issuer issue a twenty-fourth series of its taxable industrial revenue bonds to be designated "City of Wichita, Kansas, Taxable Industrial Revenue Bonds, Series XIII, 2013 (Learjet Inc.)" in the original aggregate principal amount not to exceed $558,553.12 (the "Series XIII, 2013 Bonds"), for the purpose of installing the improvements to certain existing aviation manufacturing and flight testing facilities, as well as to acquire certain machinery and equipment for the Project (the "Series XIII, 2013 Additions"); and

WHEREAS, the Series XIII, 2013 Bonds are more fully described in the Twenty-Fourth Supplemental Indenture and the Twenty-Fourth Supplemental Lease hereinafter authorized; and

WHEREAS, the Series XIII, 2013 Bonds and the interest thereon shall not constitute an indebtedness of the Issuer within the meaning of any constitutional provision or statutory limitation, shall not constitute nor give rise to a pecuniary liability of the Issuer, nor shall any Series XIII, 2013 Bond or the interest thereon be a charge against the general credit or taxing powers of the Issuer; and

WHEREAS, the Series XIII, 2013 Bonds are not general obligations of the Issuer and are payable solely from certain fees, rentals, revenues and other amounts derived by the Issuer pursuant to the Lease, as the same may be further amended and supplemented and, under certain circumstances, from the proceeds of the Series XIII, 2013 Bonds and insurance and condemnation awards; and

WHEREAS, the Issuer further finds and determines that it is necessary and desirable in connection with the issuance of the Series XIII, 2013 Bonds (i) to execute and deliver a Twenty-Fourth Supplemental Trust Indenture (the "Twenty-Fourth Supplemental Indenture"), for the purpose of issuing and securing the Series XIII, 2013 Bonds as provided therein; and (ii) to enter into a Twenty-Fourth Supplemental Lease (the "Twenty-Fourth Supplemental Lease"), pursuant to which the Issuer shall cause the Series XIII, 2013 Additions to be leased to the Tenant in consideration of payments of Series XIII, 2013 Supplemental Basic Rent, Series XIII, 2013 Supplemental Additional Rent and other charges provided for therein; and

WHEREAS, the Series XIII, 2013 Bonds shall be equally and ratably secured and on a parity with the Outstanding Bonds and any Additional Bonds (collectively referred to hereinafter as the "Bonds") subject to any partial redemption or release of pledged property permitted by the Lease or Indenture;

NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF WICHITA, KANSAS AS FOLLOWS:

Section 1. Definition of Terms. All terms and phrases not otherwise defined herein shall have the respective meanings set forth in the Indenture and Lease.

JLN\600809.089\BOND ORDINANCE (11-20-13)

2 31

Section 2. Authority to Cause the Series XIII, 2013 Additions to be Constructed, Installed and Equipped. The governing body of the Issuer hereby declares that the Series XIII, 2013 Additions, if in being, would promote the welfare of the City of Wichita, Kansas, and the Issuer is hereby authorized to cause the Series XIII, 2013 Additions to be constructed, installed and equipped all in the manner and as more particularly described in the Twenty-Fourth Supplemental Indenture and in the Twenty-Fourth Supplemental Lease hereinafter authorized.

Section 3. Authorization of and Security for the Series XIII, 2013 Bonds. There is hereby authorized and directed to be issued a series of the Issuer's taxable industrial revenue bonds in an original aggregate principal amount not to exceed $558,553.12 for the purpose of installing the improvements to certain existing aviation manufacturing and flight testing facilities and additions, as well as acquiring certain machinery and equipment to the existing facilities located in the City of Wichita, Kansas, such series of such taxable industrial revenue bonds to be designated "City of Wichita, Kansas, Taxable Industrial Revenue Bonds, Series XIII, 2013 (Learjet Inc.)." The Series XIII, 2013 Bonds shall be dated and bear· interest, shall mature and be payable at such times, shall be in such forms, shall be subject to redemption and payment prior to the maturity thereof, and shall be issued in the manner prescribed and subject to the provisions, covenants and agreements set forth in the Indenture. The Series XIII, 2013 Bonds shall be equally and ratably secured and on a parity with the Outstanding Bonds and any Additional Bonds, subject to any partial redemption or release of pledged property permitted by the Lease or Indenture. The Series XIII, 2013 Bonds shall be special limited obligations of the Issuer payable solely from the revenues derived by the Issuer pursuant to the Lease, or otherwise in connection with the Project. The Series XIII, 2013 Bonds shall not be general obligations of or constitute a pledge of the faith and credit of the Issuer within the meaning of any constitutional or statutory provision and shall not be payable in any manner from tax revenues. The Series XIII, 2013 Bonds shall be secured under the provisions of the Indenture and are authorized hereby.

Section 4. Authorization of Twenty-Fourth Supplemental Indenture. The Issuer is hereby authorized to enter into the Twenty-Fourth Supplemental Trust Indenture (the "Twenty-Fourth Supplemental Indenture"), by and between the Issuer and the Trustee, under which the Issuer shall pledge and assign to the Trustee, for the benefit of the holders of the Bonds, the Trust Estate referenced herein, all upon the terms and conditions set forth in the Indenture.

Section 5. Lease of the Series XIII, 2013 Additions. The Issuer shall cause the Series XIII, 2013 Additions to be leased by the Issuer to the Tenant pursuant to and in accordance with the provisions of the Twenty-Fourth Supplemental Lease (the Twenty-Fourth Supplemental Lease"), by and between the Issuer and the Tenant.

Section 6. Authorization of Bond Purchase Agreement. The Series XIII, 2013 Bonds shall be sold and delivered to Learjet Inc., upon the terms and subject to the provisions of the Bond Purchase Agreement herein authorized (the "Bond Purchase Agreement"), by and between the Issuer and Learjet Inc., as purchaser.

Section 7. Approval of Guaranty Agreement. The form of Guaranty Agreement pursuant to which the Tenant guarantees to the Trustee, for the benefit of the Owners of the Series XIII, 2013 Bonds, the full and prompt payment of the principal of, redemption premium, if any, and interest on the Series XIII, 2013 Bonds, is hereby approved.

Section 8. Authority To Correct Errors, Etc. The Mayor or member of the Issuer's governing body authorized to exercise the powers and duties of the Mayor in the Mayor's absence, the City Clerk and any Deputy City Clerk are hereby authorized and directed to make any alterations, changes or

JLN\600809.089\BOND ORDINANCE (11-20-13)

3 32 additions in the instruments herein approved, authorized and confirmed which may be necessary to correct errors or omissions therein or to conform the same to the other provisions of said instruments or to the provisions of this Ordinance.

Section 9. Execution of Series XIII, 2013 Bonds and Agreements. The Mayor of the Issuer is hereby authorized and directed to execute the Series XIII, 2013 Bonds and deliver the same to the Trustee for authentication for and on behalf of and as the act and deed of the Issuer in the manner provided in the Indenture. The Mayor or Vice Mayor is hereby further authorized and directed to execute and deliver the Twenty-Fourth Supplemental Indenture, the Twenty-Fourth Supplemental Lease and the Bond Purchase Agreement for and on behalf of and as the act and deed of the Issuer with such minor corrections or amendments thereto as the Mayor or Vice Mayor shall approve (which approval shall be evidenced by his execution thereof) and such other documents, certificates and instruments as may be necessary or desirable to carry out and comply with the purposes and intent of this Ordinance. The City Clerk and any Deputy City Clerk of the Issuer are hereby authorized and directed to attest the execution of the Series XIII, 2013 Bonds, the Twenty-Fourth Supplemental Indenture, the Twenty-Fourth Supplemental Lease and the Bond Purchase Agreement and such other documents, certificates and instruments as may be necessary or desirable to carry out and comply with the intent of this Ordinance.

Section 10. Pledge of the Project. The Issuer hereby pledges the Series XIII, 2013 Additions and the net revenues therefrom to the payment of the Outstanding Bonds in accordance with K.S.A. 12- 1744. The lien created by such pledge shall be discharged when all of the Series XIII, 2013 Bonds shall be deemed to have been paid within the meaning of the Indenture, as the same may be amended.

Section 11. Further Authority. The Issuer shall, and the officers, agents and employees of the Issuer are hereby authorized and directed to, take such action and execute such other documents, certificates and instruments as may be necessary or desirable to carry out and comply with the provisions of this Ordinance and to carry out, comply with and perform the duties of the Issuer with respect to the Series XIII, 2013 Bonds, the Twenty-Fourth Supplemental Indenture, the Twenty-Fourth Supplemental Lease and the Bond Purchase Agreement all as necessary to carry out and give effect to the transaction contemplated hereby and thereby.

Section 12. Effective Date. This Ordinance shall take effect and be in full force from and after its passage by the governing body of the City of Wichita, Kansas and publication once in the official newspaper of the Issuer.

Remainder of the Page Intentionally Left Blank

JLN\600809.089\BOND ORDINANCE (11-20-13)

4 33

PASSED by the Governing Body of the City of Wichita, Kansas, on December 17, 2013.

CITY OF WICHITA, KANSAS

(Seal) By______Carl Brewer, Mayor Attest:

By______Karen Sublett, City Clerk

Approved as to form:

By______Gary E. Rebenstorf, City Attorney

JLN\600809.089\BOND ORDINANCE

(Signature page to Bond Ordinance)

34 Agenda Item No. IV-3

City of Wichita City Council Meeting December 10, 2013

TO: Mayor and City Council

SUBJECT: Workforce Alliance of South Central Kansas, Inc. Contract

INITIATED BY: Housing and Community Services Department

AGENDA: New Business

______

Recommendation: Approve the Workforce Alliance of South Central Kansas, Inc. contract in the amount of $202,000 and authorize the necessary signatures.

Background: The City of Wichita has offered employment and training services through the Wichita Sedgwick County Community Action Partnership (WSCCAP) staff, for a segment of the population which was identified as having significant barriers to employment. The WSCCAP utilized Community Services Block Grant (CSBG) funds as well as funding through a contract with the Kansas Department for Children and Families to provide pre-employment, placement and follow up services.

On February 12, 2013, the City Council recommended that employment services be outsourced to other agencies. That recommendation was included in the application to the Kansas Housing Resources Corporation (KHRC) for 2013 CSBG funds. The application was approved. Subsequent to the approval and after review of community resource capacity, staff submitted a request to KHRC to offer a sole source contract to the Workforce Alliance of South Central Kansas, Inc. The Kansas Housing Resources Corporation (KHRC) has approved the City’s request to consider The Workforce Alliance of South Central Kansas as a sole source vendor for these services.

Analysis: The Workforce Alliance of South Central Kansas, Inc. was incorporated as a not-for-profit agency following the passage of the Workforce Investment Act (WIA) of 1998 to manage Federal job training funds and oversee the workforce development system in south central Kansas. In 2013, at the direction of the Board, the Corporation expanded the scope of services beyond management of the Local Workforce Investment Area to include program and administrative management and fee for services.

The Workforce Alliance of South Central Kansas (WA, Inc.) is the Administrative Entity, One Stop Operator, and Program Administrator for Local Area IV in Kansas, which includes the counties of Butler, Cowley, Harper, Kingman, Sedgwick and Sumner. Operations for the Local Area IV are directed by the Local Workforce Investment Board (LWIB). The daily operations of the LWIB are carried out by a professional staff, led by a President and Chief Executive Officer.

WA, Inc. has four One-Stop Workforce Centers in the South Central area including Wichita. The organization partners with over 17 agencies and organizations throughout the community. WA, Inc. provides job readiness and employment training that focuses on a variety of different careers and offers services at little or no cost. The organization also partners with employers throughout the community because it works to decrease the work associated with finding skilled, trained, and qualified workers. With an established history, WA, Inc. is the largest workforce agency in the county and serves the low income, unemployed and underemployed community members and accepts applicants starting at age 14.

The proposed sole source contract will increase the number of persons previously served through WSCCAP. Additionally the proposed contract will provide employment and training services to the clients that WSCCAP will see under the new Individual Family Development model. The price of Workforce Alliance administration for employment and training programs is reasonable when considered in terms of its job placement rate of 62% (2011) for adults, access to Kansas WORK certification programs, Career Pathways and apprenticeships.

WA, Inc. has proven results and the capacity to administer effective programs and services to WSCCAP clients, and has the infrastructure in place to deliver services compatible to what is needed and as soon as they are needed.

WSCCAP staff that performed job readiness training and client case management will implement a family self-sufficiency service delivery model based on the Annie E. Casey Foundation Family Centered Community Change approach.

Financial Considerations: An allocation of $202,000 was submitted with the City’s 2013 Community Services Block Grant budget to the Kansas Housing Resources Corporation (KHRC). The grant period is April 1, 2013 through September 30, 2014. No City general operating funds are obligated by this contract.

Legal Considerations: The Law Department has approved the contract document as to form.

Recommendation/Action: It is recommended that the City Council approve the Workforce Alliance of South Central Kansas, Inc. contract in the amount of $202,000 and authorize the necessary signatures.

Attachments: Contract.

36 Community Services Block Grant, Employment & Training Services

COMMUNITY SERVICES BLOCK GRANT

CONTRACT

THIS CONTRACT entered into this 11th day of December by and between the City of Wichita, Kansas (hereinafter referred to as the CITY) and the Workforce Alliance of South Central Kansas, Inc. (hereinafter referred to as the DELEGATE AGENCY).

WITNESSETH THAT:

WHEREAS, the CITY desires to enter into a contract with the DELEGATE AGENCY for the provision of certain services necessary to implement a Community Services Block Grant (CSBG) program in Wichita and Sedgwick County; and

WHEREAS, the cooperation of the CITY and the DELEGATE AGENCY is essential for successful implementation of the Employment and Training Services component;

NOW, THEREFORE, the contracting parties do mutually agree as follows:

SECTION 1. SCOPE OF SERVICES. The DELEGATE AGENCY, assuming responsibility for the implementation of actual operation of a certain project herein specified, shall perform services in a satisfactory and proper manner as determined by the CITY and as outlined per Exhibit B.

SECTION 2. TIME OF PERFORMANCE. This contract shall cover services performed or to be performed by the DELEGATE AGENCY commencing December 11, 2013 and ending September 30, 2014. The services of the DELEGATE AGENCY are to commence as soon as practicable on the date of this contract and shall be undertaken and completed in such sequence as to assure their expeditious completion no later than the termination date of the contract.

SECTION 3. CONTRACT COMPLIANCE. The DELEGATE AGENCY agrees to perform contract services in accordance with the provisions of this contract, the Community Services Block Grant Program as defined in Title VI, Subtitle B of the Omnibus Budget Reconciliation Act and in revisions thereto (hereinafter referred to as the ACT), the Federal and State rules and regulations issued pursuant to the ACT, the Federal, State, and local laws and ordinances, the goals, objectives and requirements of the local Community Action Plan (hereinafter referred to as the PLAN) and all such general and special assurances included therein, and all correspondence and directives from the Kansas Housing Resources Corporation, the state level agency administering the CSBG Program and hereinafter referred to as KHRC, and the City's Wichita Sedgwick County Community Action Partnership (hereinafter referred to as WSCCAP) Manager.

SECTION 4. ESTABLISHMENT AND MAINTENANCE OF RECORDS. The DELEGATE AGENCY shall establish and maintain records as prescribed by the KHRC and/or the CITY, with respect to all matters covered by this contract. At a minimum, the DELEGATE AGENCY shall comply with the record retention and custodial requirements set forth in this Section.

A. Record Retention Policy.

The DELEGATE AGENCY shall retain all records pertinent to this contract, including but not limited to: financial, statistical, property, and participant records and supporting documents, for a period of three (3) years, subject to the qualifications set forth in Paragraph B.

-1-

37 Community Services Block Grant, Employment & Training Services

B. Retention Periods.

1. The retention period will begin on the date of submission by the DELEGATE AGENCY of the annual or final expenditure report, whichever applies to the particular grant, except that the DELEGATE AGENCY shall retain records for nonexpendable property for a period of three (3) years after final disposition of the property.

2. The DELEGATE AGENCY must request in writing prior approval from the CITY for the destruction of any records relating to this contract.

3. If any litigation, claim, negotiation, audit, or other action involving the records has been started before the expiration of the three year period, the records must be retained until completion of the action and resolution of issues which arise from it, or until the end of the regular three year period, whichever is later.

SECTION 5. ALLOWABLE COSTS. Funds generated under this contract may only be expended for purposes permitted under the provisions of the Federal and State Rules and Regulations pertaining to the ACT. Adjustments in the authorized expenditure budget included as Exhibit C may be requested by the DELEGATE AGENCY and will be considered and, if approved by the CITY, transacted in accordance with this contract’s SECTION 22. Modification of Contract procedures herein provided. All such requests should be approved in writing with appropriate signatures obtained prior to the DELEGATE AGENCY incurring any unbudgeted expenditures or obligating unbudgeted funds for such expenditures. The City reserves the right to deny reimbursement for unbudgeted expenditures or obligations for which prior written approval has not been obtained.

SECTION 6. DOCUMENTATION OF COSTS. All contract costs shall be supported by documentation evidencing in proper detail the nature and propriety of the charges.

SECTION 7. REPORTS AND INFORMATION. The DELEGATE AGENCY, at such times and in such forms as the KHRC and/or the CITY may require, shall furnish to the KHRC and/or the CITY such statements, records, reports, data, and information as the KHRC and/or the CITY may request pertaining to matters covered by this contract. All reports, information, data, and other related materials, prepared or assembled by the DELEGATE AGENCY under this contract, are subject to the requirements of confidentiality set forth in K.S.A. 45-201 et seq.

Federal Financial Accountability and Transparency Act (FFATA)

I. Reporting Subawards and Executive Compensation.

1. Reporting of first-tier subawards.

1. Applicability. Unless you are exempt as provided in paragraph d. of this award term, you must report each action that obligates $25,000 or more in Federal funds that does not include Recovery funds (as defined in section 1512(a)(2) of the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5) for a subaward to an entity (see definitions in paragraph e. of this award term).

2. Where and when to report.

i. You must report each obligating action described in paragraph a.1. of this award term to http://www.fsrs.gov.

-2-

38 Community Services Block Grant, Employment & Training Services

ii. For subaward information, report no later than the end of the month following the month in which the obligation was made. (For example, if the obligation was made on November 7, 2010, the obligation must be reported by no later than December 31, 2010.)

3. What to report. You must report the information about each obligating action that the submission instructions posted at http://www.fsrs.gov specify.

2. Reporting Total Compensation of Recipient Executives.

1. Applicability and what to report. You must report total compensation for each of your five most highly compensated executives for the preceding completed fiscal year, if—

i. the total Federal funding authorized to date under this award is $25,000 or more;

ii. in the preceding fiscal year, you received—

(A) 80 percent or more of your annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and

(B) $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and

iii. The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm.)

2. Where and when to report. You must report executive total compensation described in paragraph b.1. of this award term:

i. As part of your registration profile at http://www.ccr.gov.

ii. By the end of the month following the month in which this award is made, and annually thereafter.

3. Reporting of Total Compensation of Subrecipient Executives.

1. Applicability and what to report. Unless you are exempt as provided in paragraph d. of this award term, for each first-tier subrecipient under this award, you shall report the names and total compensation of each of the subrecipient's five most highly compensated executives for the subrecipient's preceding completed fiscal year, if—

i. in the subrecipient's preceding fiscal year, the subrecipient received—

-3-

39 Community Services Block Grant, Employment & Training Services

(A) 80 percent or more of its annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and

(B) $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts), and Federal financial assistance subject to the Transparency Act (and subawards); and

ii. The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm.

2. Where and when to report. You must report subrecipient executive total compensation described in paragraph c.1. of this award term:

i. To the recipient.

ii. By the end of the month following the month during which you make the subaward. For example, if a subaward is obligated on any date during the month of October of a given year (i.e., between October 1 and 31), you must report any required compensation information of the subrecipient by November 30 of that year.

4. Exemptions

If, in the previous tax year, you had gross income, from all sources, under $300,000, you are exempt from the requirements to report:

i. Subawards, and

ii. The total compensation of the five most highly compensated executives of any subrecipient.

5. Definitions. For purposes of this award term:

1. Entity means all of the following, as defined in 2 CFR part 25:

i. A Governmental organization, which is a State, local government, or Indian tribe;

ii. A foreign public entity;

iii. A domestic or foreign nonprofit organization;

iv. A domestic or foreign for-profit organization;

-4-

40 Community Services Block Grant, Employment & Training Services

v. A Federal agency, but only as a subrecipient under an award or subaward to a non-Federal entity.

2. Executive means officers, managing partners, or any other employees in management positions.

3. Subaward:

i. This term means a legal instrument to provide support for the performance of any portion of the substantive project or program for which you received this award and that you as the recipient award to an eligible subrecipient.

ii. The term does not include your procurement of property and services needed to carry out the project or program (for further explanation, see Sec. __ .210 of the attachment to OMB Circular A-133, “Audits of States, Local Governments, and Non-Profit Organizations”).

iii. A subaward may be provided through any legal agreement, including an agreement that you or a subrecipient considers a contract.

4. Subrecipient means an entity that:

i. Receives a subaward from you (the recipient) under this award; and

ii. Is accountable to you for the use of the Federal funds provided by the subaward.

5. Total compensation means the cash and noncash dollar value earned by the executive during the recipient's or subrecipient's preceding fiscal year and includes the following (for more information see 17 CFR 229.402(c)(2)):

i. Salary and bonus.

ii. Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2004) (FAS 123R), Shared Based Payments.

iii. Earnings for services under non-equity incentive plans. This does not include group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are available generally to all salaried employees.

iv. Change in pension value. This is the change in present value of defined benefit and actuarial pension plans.

v. Above-market earnings on deferred compensation which is not tax-qualified.

vi. Other compensation, if the aggregate value of all such other compensation (e.g. severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property) for the executive exceeds $10,000.

-5-

41 Community Services Block Grant, Employment & Training Services

SECTION 8. AUDITS AND INSPECTIONS. The DELEGATE AGENCY shall as required by the KHRC, CITY, State of Kansas, and/or Comptroller General of the United States make available for examination, to the KHRC, CITY, State of Kansas, and/or Comptroller General of the United States or their designated and authorized representative(s), all its records and data for the purpose of making audits, examinations, excerpts, and transcriptions.

SECTION 9. PROCUREMENT STANDARDS. The standards to be used for the procurement of supplies, equipment, and other materials and services with this contract's funds are those described in the Office of Management and Budget (OMB) Circular A-102, Grants Management Common Rules or in OMB Circular A-110, Subpart C, as applicable. These standards must be applied in accordance with procedures set forth in the "Revised Non-Discrimination and Equal Employment Opportunity/Affirmative Action Program Requirements," as provided in Exhibit A attached hereto. Further, the DELEGATE AGENCY shall avoid conflicts of interest, real or apparent, by observing the following requirements.

Purchase of American-Made Equipment and Products. In accordance with the sense of Congress relative to purchase of American-Made Equipment and Products, to the greatest extent practicable, all equipment and products purchased with funds made available under this contract should be American-made.

A. Code of Conduct.

The DELEGATE AGENCY shall maintain a written code or written standards of conduct that will govern the performance of its officers, employees, or agents in contracting with or otherwise procuring supplies, equipment, construction, or services with funds provided pursuant to this contract. These standards shall provide that no officer, employee, or agent shall:

1. Solicit or accept gratuities, favors, or anything of monetary value from suppliers or potential suppliers, including subcontractors under sub-recipient contracts; or

2. Participate in the selection, award, or administration of a procurement supported by contract funds subject to this section, where to the individual's knowledge, any of the following has a financial or other substantive interest in any organization which may be considered for award:

a) the officer, employee, or agent;

b) any member of his or her immediate family;

c) his or her partner; or

d) a person or organization that employs, or is about to employ, any of the above.

SECTION 10. DISCRIMINATION.

A. Discrimination Prohibited. No recipient or proposed recipient of any funds, services, or other assistance under the provisions of this contract or any program related to this contract shall be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with the funds made available through this contract on the grounds of race, color, national origin, ancestry, religion, physical handicap, sex or age. [Reference Title VI of the Civil Rights Act of 1964 (Public Law 88-352)]. For purposes of this section, "program or activity" is defined as any function conducted by an identifiable administrative unit of the DELEGATE AGENCY receiving funds pursuant to this contract.

-6-

42 Community Services Block Grant, Employment & Training Services

B. The DELEGATE AGENCY further agrees to implement and comply with the "Revised Non- Discrimination and Equal Employment Opportunity/Affirmative Action Program Requirements" as provided in Exhibit A attached hereto.

SECTION 11. TRAFFICKING IN PERSONS. (U.S. Department of Health & Human Services (HHS))

1. Provisions applicable to a recipient that is a private entity.

1. You as the recipient, your employees, subrecipients under this award, and subrecipients’ employees may not—

i. Engage in severe forms of trafficking in persons during the period of time that the award is in effect;

ii. Procure a commercial sex act during the period of time that the award is in effect; or

iii. Use forced labor in the performance of the award or subawards under the award.

2. HHS as the Federal awarding agency may unilaterally terminate this award, without penalty, if you or a subrecipient that is a private entity –

i. Is determined to have violated a prohibition in paragraph a.1 of this award term; or

ii. Has an employee who is determined by the agency official authorized to terminate the award to have violated a prohibition in paragraph a.1 of this award term through conduct that is either—

1. Associated with performance under this award; or

2. Imputed to you or the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR part 180, “OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement),” as implemented by HHS at 2 CFR part 376.

2. Provision applicable to a recipient other than a private entity. HHS as the Federal awarding agency may unilaterally terminate this award, without penalty, if a subrecipient that is a private entity—

1. Is determined to have violated an applicable prohibition in paragraph a.1 of this award term; or

2. Has an employee who is determined by the agency official authorized to terminate the award to have violated an applicable prohibition in paragraph a.1 of this award term through conduct that is either—

i. Associated with performance under this award; or

ii. Imputed to the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR part 180, “OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement),” as implemented by HHS at 2 CFR part 376

-7-

43 Community Services Block Grant, Employment & Training Services

3. Provisions applicable to any recipient.

1. You must inform HHS immediately of any information you receive from any source alleging a violation of a prohibition in paragraph a.1 of this award term.

2. HHS right to terminate unilaterally that is described in paragraph a.2 or b of this section:

i. Implements section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA), as amended (22 U.S.C. 7104(g)), and

ii. Is in addition to all other remedies for noncompliance that are available to HHS under this award.

3. You must include the requirements of paragraph a.1 of this award term in any subaward you make to a private entity.

4. Definitions. For purposes of this award term:

1. “Employee” means either:

i. An individual employed by you or a subrecipient who is engaged in the performance of the project or program under this award; or

ii. Another person engaged in the performance of the project or program under this award and not compensated by you including, but not limited to, a volunteer or individual whose services are contributed by a third party as an in-kind contribution toward cost sharing or matching requirements.

2. “Forced labor” means labor obtained by any of the following methods: the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.

3. “Private entity”:

i. Means any entity other than a State, local government, Indian tribe, or foreign public entity, as those terms are defined in 2 CFR 175.25.

ii. Includes:

1. A nonprofit organization, including any nonprofit institution of higher education, hospital, or tribal organization other than one included in the definition of Indian tribe at 2 CFR 175.25(b).

2. A for-profit organization.

4. “Severe forms of trafficking in persons,” “commercial sex act,” and “coercion” have the meanings given at section 103 of the TVPA, as amended (22 U.S.C. 7102)

SECTION 12. COMPLIANCE WITH LOCAL LAWS. All parties shall comply with all applicable laws, ordinances, codes, and regulations of the State of Kansas and local governments.

-8-

44 Community Services Block Grant, Employment & Training Services

SECTION 13. ASSIGNABILITY. The DELEGATE AGENCY shall not assign any interest in this contract without prior written consent of the CITY.

SECTION 14. COPYRIGHTS. If this contract results in a book or other material that may be copyrighted, the author is free to copyright the work, subject to regulations of the KHRC. The CITY and/or the KHRC reserve a royalty-free, non-exclusive and irrevocable license to reproduce, publish or otherwise use and to authorize others to use all copyrighted material and all material that can be copyrighted.

SECTION 15. PATENTS. Any discovery or invention arising out of or developed in the course of work aided by this contract shall promptly and fully be reported to the CITY and the KHRC for determination by the CITY and/or the KHRC as to whether patent protection on such invention or discovery shall be sought and how the rights in the invention or discovery, including rights under any patent issued thereon, shall be disposed of and administered in order to protect the public interest. All such determinations are subject to regulation of the KHRC.

SECTION 16. SECTARIAN ACTIVITY PROHIBITED. The funds provided under this contract shall not be used for the construction, operation, or maintenance of any facility used, or to be used, for sectarian instruction or as a place for religious worship.

SECTION 17. SMOKING PROHIBITIONS. In accordance with Title XII of Public Law 103-227, the “PRO-KIDS Act of 1994,” smoking may not be permitted in any portion of any indoor facility owned or regularly used for the provision of health, day care, education, or library services to children under the age of 18, if the services are funded by Federal programs wither directly or through State or local governments. Federal programs include grants, cooperative agreements, loans and loan guarantees, and contracts. The law does not apply to children’s services provided in private residences, facilities funded solely by Medicare or Medicaid funds, and portions or facilities and used for inpatient drug and alcohol treatment.

SECTION 18. POLITICAL ACTIVITY PROHIBITED.

A. None of the funds, materials, property or services provided directly under this contract shall be used for partisan political activity.

B. The funds provided under this contract shall not be engaged in any way in contravention of 5 USC 15.

SECTION 19. LOBBYING PROHIBITED. None of the funds provided under this contract shall be used for lobbying and/or propaganda purposes designed to support or defeat legislation or appropriations pending before the Congress of the United States of America, the Legislature of the State of Kansas, the Wichita City Council, or the Sedgwick County Board of Commissioners.

SECTION 20. PAYMENTS.

A. Compensation and Method of Payment. Compensation and method of payment from the CITY to the DELEGATE AGENCY relative to conducting the operations of the project activities and services as herein described will be carried out as specified in Exhibit B attached hereto, and will be administered under the established accounting and fiscal policies of the CITY.

B. Total Payments. Total payments to the DELEGATE AGENCY from the CITY will not exceed $202,000 as cited in the total of Exhibit C, attached.

-9-

45 Community Services Block Grant, Employment & Training Services

C. Restriction on Disbursements. No contract funds shall be disbursed to a DELEGATE AGENCY or contractor except pursuant to a written contract that incorporates by reference the general conditions of this contract.

D. Unearned Payments. Under this contract unearned payments shall be suspended or terminated upon refusal to accept any additional conditions that may be imposed by the KHRC at any time; or if the Community Services Block Grant funds to the City of Wichita under the ACT are suspended or terminated.

SECTION 21. MODIFICATION OF CONTRACT. As a result of additional requirements, the CITY may require modification of this contract. The DELEGATE AGENCY agrees to accept this contract with the understanding that the contract may be modified. In the event the DELEGATE AGENCY is unable to comply with the required contract modification the CITY shall be notified by the DELEGATE AGENCY within 10 days, at which time the CITY may declare this contract canceled and proceed under the contract cancellation provisions herein provided. Further, in the event the DELEGATE AGENCY is unable to meet the contractual goals and/or obligations as specified herein or in any subsequent contract amendment, the DELEGATE AGENCY may request modification of the contract. Any request for modification of the contract by the DELEGATE AGENCY must be provided to the CITY in writing and must state the reason(s) and provide justification. Any modifications to this contract shall be in accordance with the following provisions:

A. To provide necessary flexibility for the most effective execution of this project, subject to B. and C. below, changes to this contract may be effected by placing them in written form and incorporating them into this contract. Any contract modification must be approved in writing by both the CITY and the DELEGATE AGENCY.

B. Any line item changes to the approved budget per Exhibit C must be requested and justified in writing. Line item changes exceeding $25,000 must be presented to and approved by the City Council.

C. Prior to any financial or programmatic change that would substantially alter the original intent of the contract, a written amendment shall be approved and signed by all signatories to the original contract and by the City Council.

SECTION 22. CONTRACT CANCELLATION. The City shall conduct a periodic and ongoing evaluation of the adequacy of performance of any or all sections of this contract by the DELEGATE AGENCY or its subcontractor. In the event of any failure of the DELEGATE AGENCY or its subcontractor to achieve 85% of the scheduled program goals as set forth in Exhibit B, the CITY reserves the right to require re-planning or other appropriate action within ninety days, which may involve reduction or deobligation of funds or cancellation of this contract; however, any of these actions shall not relieve the DELEGATE AGENCY of the requirement to achieve 100% of the performance goals by the termination date of this agreement.

Cancellation shall be effected by the CITY's notice of cancellation to the DELEGATE AGENCY, which shall specify the reasons for cancellation and the date upon which such cancellation becomes effective. Upon receipt of notice of cancellation the DELEGATE AGENCY shall: (1) discontinue further commitments of contract funds; (2) promptly cancel all subcontractors and agreements utilizing funds under this contract; (3) settle with the approval of the CITY all outstanding claims arising from such cancellation; and (4) submit, within a period of time to be specified by the CITY, a cancellation settlement proposal which shall include a final statement of the contract.

SECTION 23. TERMINATION CLAUSE. Upon breach of the contract by the DELEGATE AGENCY, the CITY by giving written notification may terminate this contract immediately. A breach shall include, but not be limited to, failure to comply with any or all items contained within Section 1 through 28 or referenced therein, exhibits and/or provisions of any subsequent contractual amendments executed relative to this contract. This

-10-

46 Community Services Block Grant, Employment & Training Services

contract may also be terminated by mutual agreement of the parties or because the CITY's Community Services Block Grant funding is not appropriated or it is, or is to be, terminated or defunded. If contract termination occurs, as a result of factors other than breach of the contract terms by the DELEGATE AGENCY, the contract cancellation procedure set forth in Section 22 of this contract shall take effect.

SECTION 24. POLLUTION STANDARDS. In the event the grand total of Exhibit C is in excess of $100,000, the DELEGATE AGENCY agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act of 1970 (42 U.S.C. 185, et seq.) and the Federal Water Pollution Control Act (33 U.S.C. 1251, et seq.), as amended.

SECTION 25. COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT. All parties to this contract shall comply with all provisions contained in the Americans with Disabilities Act of 1990, as amended.

SECTION 26. ANTI-TRUST LITIGATION. For good cause, and as consideration for executing this contract, the DELEGATE AGENCY, acting herein by and through its authorized agent, hereby conveys, sells, assigns and transfers to the CITY all right, title, and interest in and to all causes of action it may now or hereafter acquire under the anti-trust laws of the United States and the State of Kansas relating to the particular product, products, or services purchased or acquired by the DELEGATE AGENCY pursuant to this contract.

SECTION 27. UNIFORM GRANT ADMINISTRATIVE REQUIREMENTS AND COSTS PRINCIPLES. During the administration of this contract, the DELEGATE AGENCY shall comply with and adhere to applicable Office of Management and Budget (OMB) Circulars, as revised, which may include OMB Circular No. A-110, "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations," OMB Circular No. A-122, “Cost Principles for Non-Profit Organizations," OMB Circular No. A-21, "Cost Principles for Educational Institutions," OMB Circular No. A-102, "Grants and Cooperative Agreements with State and Local Governments," and OMB Circular A-87, "Cost Principles for State and Local Governments." In particular, the DELEGATE AGENCY shall assure compliance with OMB Circular A- 133, "Audits of States, Local Governments, and Non-Profit Organizations," which sets out audit requirements and specifies records must be available for review or audit by appropriate officials.

SECTION 28. PUBLICITY. When issuing statements, press releases, requests for proposals, bid solicitations and other documents describing projects or programs funded in whole or in part with Federal money, all States receiving Federal funds, including but not limited to State and local governments and recipients of Federal research grants, shall clearly state (1) the percentage of the total costs of the program or project which will be financed with Federal money, (2) the dollar amount of Federal funds for the project or program, and (3) percentage and dollar amount of the total costs of the project or program that will be financed by nongovernmental sources.

SECTION 29. RENEGOTIATION. This contract may be renegotiated in the event additional or alternate sources of funding become available during the term of the contract.

SECTION 30. APPENDICES. All documents or exhibits referenced herein, all amendments or mutually agreed upon modification(s) made and signed by all parties to this contract, and all exhibits referenced below and attached hereto are hereby incorporated in this contract and made a part thereof as though fully set forth herein.

Exhibit A Revised Non-Discrimination & Equal Employment Opportunity/Affirmative Action Requirements Exhibit B Performance Criteria, Contract Objectives Exhibit C Detail of Budget Exhibit D Contractual Provisions Attachment Exhibit E Certifications Regarding Lobbying, Debarment, Suspension and Other Responsibility Matters, and Drug-free Workplace Requirements

-11-

47 Community Services Block Grant, Employment & Training Services

Exhibit A

REVISED NON-DISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY/AFFIRMATIVE ACTION PROGRAM REQUIREMENTS STATEMENT FOR CONTRACTS OR AGREEMENTS

B. Requirements of the State of Kansas:

5. The contractor shall include the provisions of Paragraphs 1 through 4 inclusive, of this Subsection B, in every subcontract or purchase so that such provisions will be binding upon such subcontractor or vendor.

C. Requirements of the City of Wichita, Kansas, relating to Non-Discrimination -- Equal Employment Opportunity/Affirmative Action Program Requirements:

1. The vendor, supplier, contractor or subcontractor shall practice Non-Discrimination -- Equal Employment Opportunity in all employment relations, including but not limited to employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The vendor, supplier, contractor or subcontractor shall submit an Equal Employment Opportunity

-12-

or Affirmative Action Program, when required, to the Department of Finance of the City of Wichita, Kansas, in accordance with the guidelines established for review and evaluation;

2. The vendor, supplier, contractor or subcontractor will, in all solicitations or advertisements for employees placed by or on behalf of the vendor, supplier, contractor or subcontractor, state that all qualified applicants will receive consideration for employment without regard to race, religion, color, sex, "disability, and age except where age is a bona fide occupational qualification", national origin or ancestry. In all solicitations or advertisements for employees the vendor, supplier, contractor or subcontractor shall include the phrase, "Equal Opportunity Employer", or a similar phrase;

3. The vendor, supplier, contractor or subcontractor will furnish all information and reports required by the Department of Finance of said City for the purpose of investigation to ascertain compliance with Non-Discrimination -- Equal Employment Opportunity Requirements. If the vendor, supplier, contractor, or subcontractor fails to comply with the manner in which he/she or it reports to the City in accordance with the provisions hereof, the vendor, supplier, contractor or subcontractor shall be deemed to have breached the present contract, purchase order or agreement and it may be canceled, terminated or suspended in whole or in part by the City or its agency; and further Civil Rights complaints, or investigations may be referred to the State;

D. Exempted from these requirements are:

-13-

EXHIBIT B

PERFORMANCE CRITERIA CONTRACT OBJECTIVES

It is mutually agreed by and between the City of Wichita, Kansas (hereinafter referred to as the CITY) and the Workforce Alliance of South Central Kansas, Inc. (hereinafter referred to as the DELEGATE AGENCY) that it is the intent of this contract to provide employment and training services to 70 customers referred by the Wichita Sedgwick County Community Action Partnership (WSCCAP), and 30 citizens from general public with incomes at or below 125% of federal poverty guidelines. The 30 citizens from general public will be processed for CSBG eligibility and then referred to DELEGATE AGENCY for services if CSBG eligibility guidelines are met. The geographic area to be served under this contract includes all areas within the county limits of Sedgwick County, Kansas.

FIRST, the DELEGATE AGENCY understands and agrees that performance under this contract will be evaluated by the CITY's Wichita Sedgwick County Community Action Partnership (hereinafter referred to as the WSCCAP).

SECOND, the DELEGATE AGENCY shall notify the WSCCAP whenever it is unable to provide the quantity or quality of service required under this contract. Upon such notification, the WSCCAP shall determine whether such inability will require a modification or cancellation of the contract or a reduction in the payments to the DELEGATE AGENCY.

THIRD, it is understood that DELEGATE AGENCY records used in preparation of all reports submitted pursuant to this agreement are subject to review by the CITY and/or its agent to ensure the accuracy and validity of the information reported. The WSCCAP will conduct onsite monitoring visits at least annually.

FOURTH, the DELEGATE AGENCY understands and agrees that the $202,000 in Community Services Block Grant Program funds shall be the maximum amount provided by the CITY under this contract per Exhibit C. Costs exceeding $202,000 shall be born in full by the DELEGATE AGENCY.

CONTRACT PROVISIONS SPECIFIC TO THE PROJECT'S SCOPE OF SERVICES

The CITY and the DELEGATE AGENCY mutually understand and agree to the following provisions under this contract:

1. The DELEGATE AGENCY will provide integrated case management, group and/or individual class programs and training and educational opportunities to a total of 100 customers referred by WSCCAP for the purpose of preparing them for employment.

2. The DELEGATE AGENCY will provide and/or coordinate employment and training and educational services to a total of 100 customers referred by WSCCAP as appropriate; 75 percent (or 75) of total referrals will complete an orientation provided by the DELEGATE AGENCY and participate in job search/case management activities; 67% (or 50) will obtain pre-employment skills via workshops and/or other means; 60 percent (or 45) will obtain employment; and 75 percent (or 34) will maintain employment for 90 days.

3. Through a contractual agreement with the DELEGATE AGENCY, CSBG funds are used to provide only employment and training and educational services to a total of 100 customers referred by WSCCAP. The DELEGATE AGENCY provides case management and coordinates the employment, training and educational services to a total of customers referred by WSCCAP. No DELEGATE AGENCY equipment or materials may be purchased.

4. The DELEGATE AGENCY agrees that all payments under this contract shall be in accordance with established budgeting, purchasing, and accounting procedures of the CITY.

5. The DELEGATE AGENCY agrees to make written requests to the CITY for cost-reimbursement during the contract period. This is a cost-reimbursement contract. Disbursement of funds under this contract may be requested only for necessary, reasonable, and allowable costs described therein, and for which the DELEGATE AGENCY has made payment during the period of performance set forth in Section 2. The City agrees to reimburse the DELEGATE AGENCY for such costs, and payment shall be made upon receipt of a request for reimbursement form, CSBG 2013/2014 Cost Control Statement accompanied by a monthly progress report from the DELEGATE AGENCY specifying the services performed and expenses incurred. All requests for reimbursement must be accompanied by an invoice which identifies the address to which payment should be remitted, documentation of payment for eligible expenses (i.e., invoices, receipts, bills from vendors, copies of

-1450-

checks, time sheets, etc.), the names of clients who received the services, and other supporting documentation. Supporting documentation must be accompanied by an agency payment voucher providing this information. Requests for Reimbursement must be received by the 10th day of the month following the month during which the services were provided.

6. The DELEGATE AGENCY agrees to claim reimbursement only from the City under this Agreement and not for any portion of its obligations that have been paid by another source of revenue.

7. The DELEGATE AGENCY agrees that CSBG funds shall not be disbursed except pursuant to a written contract, which incorporates by reference the general conditions of this Agreement. Disbursements may be imposed by the City at any time or if the entitlement funds to the City of Wichita under the Federal Act(s) are suspended or terminated. If funds under the Federal Act(s) are suspended or terminated, notification to the DELEGATE AGENCY will be in writing as soon as possible.

8. The DELEGATE AGENCY agrees that all payments made are subject to its compliance with this Agreement. Any breach of the contract is grounds for non-payment until such corrective measures are made which will resolve Agreement non-compliance.

9. The DELEGATE AGENCY agrees that closeout billings must be submitted on or before September 30, 2014. If not submitted, the unexpended funds shall revert to the City of Wichita.

10. The DELEGATE AGENCY agrees to provide fiscal reports, listing financial expenditure information in the detail required for the City to determine the financial status of the project and the amount of funds expended for applicants served during the reporting time period. The City will specify in writing the reporting periods for the fiscal reports and the dates that they are due.

11. The DELEGATE AGENCY agrees to provide such demographic reports as are determined necessary by the City and the Kansas Housing Resources Corporation.

-1551-

EXHIBIT C

Account Classification Budget

1195 Delegate Agencies-Payroll $154,827.50 2595 Delegate Agencies-Professional Fees $5,550.00 2795 Delegate Agencies-Other Contractuals $12,622.50 3195 Delegate Agencies-Supplies $9,000.00 3595 Delegate Agencies-Materials $20,000.00

------TOTAL $202,000

GRAND TOTAL $202,000

-1652-

EXHIBIT D

CONTRACTUAL PROVISIONS ATTACHMENT

Important: This form contains mandatory contract provisions and must be attached to or incorporated in all copies of any contractual agreement. If it is attached to the vendor/contractor's standard contract form then that form must be altered to contain the following provision: "The provisions found in Contractual Provisions Attachment (Form DA-146a, Rev. 1-01), which is attached hereto, are hereby incorporated in this contract and made a part hereof."

The parties agree that the following provisions are hereby incorporated into the contract to which it is attached and made a part thereof, said contract being the 1st day of September 2010.

TERMS HEREIN CONTROLLING PROVISIONS: It is expressly agreed that the terms of each and every provision in this attachment shall prevail and control over the terms of any other conflicting provision in any other document relating to and a part of the contract in which this attachment is incorporated.

AGREEMENT WITH KANSAS LAW: All contractual agreements shall be subject to, governed by, and construed according to the laws of the State of Kansas.

TERMINATION DUE TO LACK OF FUNDING APPROPRIATION: If, in the judgment of the Director of Accounts and Reports, Department of Administration, sufficient funds are not appropriated to continue the function performed in this agreement and for the payment of the charges hereunder, State may terminate this agreement at the end of its current fiscal year. State agrees to give written notice of termination to contractor at least 30 days prior to the end of its current fiscal year, and shall give such notice for a greater period prior to the end of such fiscal year as may be provided in this contract, except that such notice shall not be required prior to 90 days before the end of such fiscal year. Contractor shall have the right, at the end of such fiscal year, to take possession of any equipment provided State under the contract. State will pay to the contractor all regular contractual payments incurred through the end of such fiscal year, plus contractual charges incidental to the return of any such equipment. Upon termination of the agreement by State, title to any such equipment shall revert to contractor at the end of State's current fiscal year. The termination of the contract pursuant to this paragraph shall not cause any penalty to be charged to the agency or the contractor.

DISCLAIMER OF LIABILITY: Neither the State of Kansas nor any agency thereof shall hold harmless or indemnify any contractor beyond that liability incurred under the Kansas Tort Claims Act (K.S.A. 75-6101 et seq.).

ANTI-DISCRIMINATION CLAUSE: The contractor agrees: (a) to comply with the Kansas Act Against Discrimination (K.S.A. 44-1001 et seq.) and the Kansas Age Discrimination in Employment Act (K.S.A. 44-1111 et seq.) and the applicable provisions of the Americans With Disabilities Act (42 U.S.C. 12101 et seq.) (ADA) and to not discriminate against any person because of race, religion, color, sex, disability, national origin or ancestry, or age in the admission or access to, or treatment or employment in, its programs or activities; (b) to include in all solicitations or advertisements for employees, the phrase "equal opportunity employer"; (c) to comply with the reporting requirements set out at K.S.A. 44-1031 and K.S.A. 44-1116; (d) to include those provisions in every subcontract or purchase order so that they are binding upon such subcontractor or vendor; (e) that a failure to comply with the reporting requirements of (c) above or if the contractor is found guilty of any violation of such acts by the Kansas Human Rights Commission, such violation shall constitute a breach of contract and the contract may be canceled, terminated or suspended, in whole or in part, by the contracting state agency or the Kansas Department of Administration; (f) if it is determined that the contractor has violated applicable provisions of the ADA, such violation shall constitute a breach of contract and the contract may be canceled, terminated or suspended, in whole or in part, by the contracting state agency or the Kansas Department of Administration.

Parties to this contract understand that the provisions of the preceding paragraph (with the exception of those provisions relating to the ADA) are not applicable to a contractor who employs fewer than four employees during the term of such contract or whose contracts with the contracting state agency cumulatively total $5,000 or less during the fiscal year of such agency.

ACCEPTANCE OF CONTRACT: This contract shall not be considered accepted, approved or otherwise effective until the statutorily required approvals and certifications have been given.

ARBITRATION, DAMAGES, WARRANTIES: Notwithstanding any language to the contrary, no interpretation shall be allowed to find the State or any agency thereof has agreed to binding arbitration, or the payment of damages or penalties upon the occurrence of a contingency. Further, the State of Kansas shall not agree to pay attorney fees and late payment charges beyond those available under the Kansas Prompt Payment Act (K.S.A. 75-6403), and no provision will be given effect which attempts to exclude, modify, disclaim or otherwise attempt to limit implied warranties of merchantability and fitness for a particular purpose.

REPRESENTATIVE'S AUTHORITY TO CONTRACT: By signing this document, the representative of the contractor thereby represents that such person is duly authorized by the contractor to execute this document on behalf of the contractor and that the contractor agrees to be bound by the provisions thereof.

RESPONSIBILITY FOR TAXES: The State of Kansas shall not be responsible for, nor indemnify a contractor for, any federal, state or local taxes which may be imposed or levied upon the subject matter of this contract.

INSURANCE: The State of Kansas shall not be required to purchase, any insurance against loss or damage to any personal property to which this contract relates, nor shall this contract require the State to establish a "self-insurance" fund to protect against any such loss or damage. Subject to the provisions of the Kansas Tort Claims Act (K.S.A. 75-6101 et seq.), the vendor or lessor shall bear the risk of any loss or damage to any personal property in which vendor or lessor holds title.

INFORMATION: No provisions of this contract shall be construed as limiting the Legislative Division of Post Audit from having assess to information pursuant to K.S.A. 46-1101 et seq.

THE ELEVENTH AMENDMENT: “The Eleventh Amendment is an inherent and incumbent protection with the State of Kansas and need not be reserved, but prudence requires the State to reiterate that nothing related to this contract shall be deemed a waiver of the Eleventh Amendment.”

-1753- Community Services Block Grant, Employment & Training Services

EXHIBIT – E CERTIFICATIONS REGARDING LOBBYING, DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS, AND DRUG-FREE WORKPLACE REQUIREMENTS

Lobbying: This certification is required by the Federal Regulations, implementing Section 1352 of the Program Fraud and Civil Remedies Act, Title 31 U.S. Code, for the Department of Education (34 CFR Part 82), Department of Health and Human Services (45 CRF Part 93).

The undersigned contractor certifies that: 1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan or cooperative agreement. 2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, and officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan or cooperative agreement, the undersigned shall complete and submit Standard Form – LLL, “Disclosure Form to Report Lobbying”, in accordance with its instructions. 3) The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

Debarment, Suspension, and Other Responsibility Matters: This certification is required by the Federal Regulations, implementing, Executive Order 12549, Government-wide Debarment and Suspension, for the Department of Agriculture (7 CFR Part 3017), Department of Labor (29 CFR Part 98), Department of Education (34 CFR Parts 85, 668 and 682), Department of Health and Human Services (45 CFR Part 76).

1. The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals:

(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency; (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default.

54 Community Services Block Grant, Employment & Training Services

2. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

Drug-Free Workplace: This certification is required by the Federal Regulations, implementing Sections 5151-5160 of the Drug-Free Workplace Act, 41 U.S.C. 701; for the Department of Agriculture (7 CFR Part 3017), Department of Labor (29 CFR Part 98), Department of Education (34 CFR Parts 85, 668 and 682), and Department of Health and Human Services (45 CFR Part 76).

1. By signing and/or submitting this application or grant agreement, the grantee is providing the certification set out below. 2. The certification set out below is a material representation of fact upon which reliance is placed when the agency awards the grant. If it is later determined that the grantee knowingly rendered a false certification, or otherwise violates the requirements of the Drug-Free Workplace Act, the agency, in addition to any other remedies available to the Federal Government, may take action authorized under the Drug-Free Workplace Act. 3. Workplaces under grants, for grantees other than individuals, need not be identified on the certification. If known, they may be identified in the grant application. If the grantee does not identify the workplaces at the time of application, or upon award, if there is no application, the grantee must keep the identity of the workplace(s) on file in its office and make the information available for Federal inspection. Failure to identify all known workplaces constitutes a violation of the grantee’s drug-free workplace requirements. 4. Workplace identifications must include the actual address of buildings (or parts of buildings) or other sites where work under the grant takes place. Categorical descriptions may be used (e.g., all vehicles of a mass transit authority or State highway department while in operation, State employees in each local unemployment office, performers in concert halls or radio studios). 5. If the workplace identified to the agency changes during the performance of the grant, the grantee shall inform the agency of the change(s), if it previously identified the workplaces in question (see paragraph three). 6. Definitions of terms in the Nonprocurement Suspension and Debarment common rule and Drug-Free Workplace common rule apply to this certification. Grantees’ attention is called, in particular, to the following definitions from these rules: Controlled substance means a controlled substance in Schedules I through V of the Controlled Substances Act (21 U.S.C. 812) and as further defined by regulation (21 CFR 1308.11 through 1308.15); Conviction means a finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the Federal or State criminal drug statutes; Criminal drug statute means a Federal or non-Federal criminal statute involving the manufacture, distribution, dispensing, use, or possession of any controlled substance; Employee means the employee of a grantee directly engaged in the performance of work under a grant, including: (i) All direct charge employees; (ii) All indirect charge employees unless their impact or involvement is insignificant to the performance of the grant; and, (iii) Temporary personnel and consultants who are directly engaged in the performance of work under the grant and who are on the grantee’s payroll. This definition does not include workers not on the payroll of the grantee (e.g., volunteers, even if used to meet a matching requirement; consultants or independent contractors not on the grantee’s payroll; or employees or subrecipients or subcontractors in covered workplaces). A. The grantee certifies that it will or will continue to provide a drug-free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee’s workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing an ongoing drug-free awareness program to inform employees about: (1) The dangers of drug abuse in the workplace;

55 Community Services Block Grant, Employment & Training Services

(2) The grantee’s policy of maintaining a drug-free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will: (1) Abide by the terms of the statement; and (2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; (e) Notifying the agency in writing, within ten calendar days after receiving notice under paragraph (d)(2) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every grant officer or other designee on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notice shall include the identification number(s) of each affected grant; (f) Taking one of the following actions, within 30 calendar days of receiving notice under paragraph (d)(2), with respect to an y employee who is so convicted: (1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; (g) Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (a), (b), (c) , (d), (e) and (f).

56 Community Services Block Grant, Employment & Training Services

Workforce Alliance of South Central Kansas, Inc. Contract Number .

______Keith Lawing, President and Chief Executive Officer Date

CITY OF WICHITA

______Carl Brewer, Mayor City of Wichita

______Date

ATTEST:

______Karen Sublett, City Clerk

______Date

APPROVED AS TO FORM:

______Gary E. Rebenstorf, Director of Law

______Date

57 Agenda Item No. IV-4

City of Wichita City Council Meeting December 10, 2013

TO: Mayor and City Council

SUBJECT: Substantial Amendment to the 2009-2013 Consolidated Plan

INITIATED BY: Housing and Community Services Department

AGENDA: New Business

Recommendation: Authorize a 30 day public comment period for review of a proposed Substantial Amendment to the 2009-2013 Consolidated Plan.

Background: Wichita is recognized as an “entitlement” city by the U.S. Department of Housing and Urban Development (HUD). This is based on a Federal formula which considers total population, the number of persons below the poverty level, the number of overcrowded housing units, the age of housing and the population growth lag. In order to receive Federal funds under the Community Development program, entitlement cities must complete and submit a Consolidated Plan for HUD approval. Among other components the plan must include the types of activities to be funded during the five year period.

Analysis: The City of Wichita is operating under the approved 2009-2013 Consolidated Plan, which describes local spending priorities for Community Development Block Grant (CDBG), HOME Investment Partnerships Act (HOME), and Emergency Solutions Grant (ESG) funds. One component of the plan states the City’s commitment to homeownership and specifically notes that it will not commit HOME funds to support rental projects. Changes in HUD regulations regarding the HOME program and disposition of unsold HOME-funded homeownership units, dictate the need for a modification of this specific provision. The 2012 and 2013 interim rules require that homes constructed under those funding cycles be converted to rental housing if they have not been sold within six months. The final rule became effective on August 23, 2013 and requires the conversion to occur after nine months.

The rule changes impact funds committed in the 2012 and 2013 one-year action plans and apply to any HOME funds committed on or after August 23, 2013. Further, HUD is strongly encouraging entitlement cities to convert unsold homeownership units to rental units, even if the units are not technically subject to the rule changes.

Staff is working with a local Community Housing Development Organization (CHDO) which has unsold homeownership units funded in part with HOME funds from the years impacted by the new rules. It is likely that they will need to be converted to rental units, in a manner consistent with the new regulatory requirements. Therefore an amendment to the City’s Consolidated Plan regarding the use of HOME funds is being proposed.

The 2013-2018 Consolidated Plan is being developed and will be consistent with the new HOME rules. Both the current plan and the one being developed will continue the City’s commitment to homeownership even in light of the new HOME rules. Allowing for both options gives the City increased flexibility in addressing affordable housing needs using HOME funds.

58 Financial Consideration: This change in the Consolidated Plan does not have financial implications at this time.

Legal Consideration: HUD regulations require a 30 day public comment period before a Substantial Amendment can be made to a Consolidated Plan. The Law Department has confirmed the need for the Substantial Amendment.

Recommendation/Actions: It is recommended that the City Council Authorize a 30 day public comment period for review of a proposed Substantial Amendment to the 2009-2013 Consolidated Plan.

Attachments: Substantial amendment to the 2009-2013 Consolidated Plan

59 City of Wichita Proposed Amendment to the 2009-2013 Consolidated Plan

Due to changes in HOME regulations impacting funding from 2011, 2012 and 2013 funds, the following amendment is proposed to bring the City’s Consolidated Plan into compliance with the final HOME rule which was published on August 24, 2013.

Due to changes in HOME regulations impacting funding from the 2012 and 2013 program years, as well as HOME funding committed on or after August 23, 2013, the following amendment is proposed to bring the City’s Consolidated Plan into compliance with the final HOME rule, which was published on August 24, 2013.

The change is on Page 62 of the 2009-2013 Consolidated Plan, and is listed below:

Current HOME. The City of Wichita has elected not to designate HOME funds to support rent assistance or the production of rental units. Because of the focus on homeownership, HOME funds support development of single family housing which is affordable for moderate income buyers, and to pay for downpayment and closing costs.

Proposed HOME. The City of Wichita’s focus on homeownership provides funds for development of single family housing which is affordable for moderate income buyers, and to pay for downpayment and closing costs. However the City also recognizes the need to make affordable rental housing available for families with moderate incomes. Therefore HOME funds may be used to support rent assistance or the production of rental units.

HOME Substantial Amendment – December 10, 2013

60 Agenda Item No. IV- 5

City of Wichita City Council Meeting December 10, 2013

TO: Mayor and City Council Members

SUBJECT: Resolution Exempting Certain Public Buildings and Facilities From the Provisions of Senate Substitute for House Bill 2052 (2013)

INITIATED BY: Law Department

AGENDA: New Business ______

Recommendation: Adopt the Resolution.

Background: In 2013, the Kansas Legislature passed Senate Substitute for House Bill No. 2052 as part of the Kansas Personal and Family Protection Act, hereafter “the Act”. The Bill allows carry concealed permit holders to carry handguns in municipal buildings and facilities, unless such facilities are properly posted to prohibit such actions and have “adequate security measures”. Adequate security measures are defined by the Bill to require facilities to have electronic equipment and personnel at public entrances to detect and restict the carrying of weapons into public buildings. Currently, the only City building with these measures in place is City Hall. Previously, Wichita Police Department staff estimated that it would cost approximately one million dollars for equipment necessary for “adequate security measures” to be implemented for a majority of City owned facilities. Additional security personnel costs were estimated at approximately $14.5 million dollars per year.

The Bill allowed municipalities to request exemption from its provisions until January 1, 2014, to allow governmental agencies to review facilities and develop necessary security plans. On June 18, 2013, the City Council requested an exemption of 107 City owned buildings. The purpose of the exemption was to allow staff time to evaluate the buildings to determine if security plans could be developed which would provide adequate security to the occupants of the building and merit the prohibition of the carrying of a concealed handgun as authorized by the Act.

Once a security plan is developed, the Bill allows for an additional exemption to be requested for a period not to exceed four years, or until December 31, 2017, for buildings which have adopted security plans. To take advantage of this exemption, the governing body must pass a resolution listing the legal description of such building, listing the reasons for such exemption, and including a statement that a security plan has been developed for the building being exempted.

Additionally, certain City owned facilities, which are under lease obligations to third parties are, by definition, not covered by the provisions of the Act. Included within these facilities are the Farm & Art Market and the Mid-America Indian Center. Lastly, City facilities or operations which are contained within a building owned by a third party are subject to the control of the third party regarding whether the landlord desires occupants to carry concealed firearms while inside the premises.

61 Based on direction from the City Manager, staff evaluated existing exempted facilities. Facilities which would require additional manned security or complex security plans and those with limited public access were eliminated from consideration. Department Heads were consulted regarding prioritizing existing facilities for consideration. The list of facilities presented for exemption focus on three basic criteria, that being: the existence of children’s activities, daycare or recreational activities, law enforcement actitivies, and services which are regulated by Federal agencies, namely Airport operations.

The narrowed list of facilities, thirty-four buildings, were reviewed by the Wichita Police Department for security needs and assessments. Security plans were developed for each facility. These plans will be maintained by the Wichita Police Department. Part of this assessment included the recognition that staff training will be provided to address crisis and intruder situations.

Analysis: There are two options available to the City Council:

1) Allow weapons in all City buildings and facilities, with the exemption of City Hall, which currently has the adequate security measures required by the Bill;

2) Pass the resolution finding that the security plans developed for the buildings listed in Exhibit A provide adequate security to the occupants of the buildings and merit the prohibition of the carrying of a concealed handgun. The resolution would exempt the buildings listed in Exhibit A until December 31, 2017, from the Act’s provisions.

Financial Considerations: None.

Legal Considerations: The resolution has been prepared and approved as to form by the Law Department.

Recommendations/Actions: It is recommended that the City Council adopt the resolution and that notice be sent by the Mayor to the Kansas Attorney General requesting exemption from the provisions of Senate Substitute for House Bill No. 2052 until December 31, 2017.

Attachment: Resolution and Exhibit A of buildings sought to be exempted.

62 OCA #220343

RESOLUTION NO. 13-239

A RESOLUTION EXEMPTING UNTIL DECEMBER 31, 2017, FROM THE APPLICABILITY OF THE KANSAS PERSONAL AND FAMILY PROTECTION ACT CERTAIN CITY-OWNED BUILDINGS AND FACILITIES AS AUTHORIZED BY SENATE SUBSTITUTE FOR HOUSE BILL NO 2052 (2013).

WHEREAS, the State of Kansas has enacted the Personal and Family Protection Act, K.S.A. 75- 7c01, et seq., hereinafter “the Act”; and

WHEREAS, on June 18, 2013, the Wichita City Council passed Resolution No. 13-108 exempting one hundred and seven City-owned buildings from the provisions of the Kansas Personal and Family Protection Act;

WHEREAS, the Act restricts carrying concealed handguns on certain premises which are conspicuously posted in accordance with the provision of the Act and rules and regulations adopted by the Kansas Attorney General; and

WHEREAS, the Act permits persons licensed, pursuant to the Act, to carry a concealed handgun within a building or buildings of municipalities whenever such building or facility is not posted according to the provisions of the Act and in buildings which do not have adequate security measures, as defined by Senate Substitute for House Bill 2052 (2013); and

WHEREAS, the Act permits cities to exempt until December 31, 2017, buildings and facilities which have a security plan in place which merits the prohibition of the carrying of a concealed handgun as authorized by the Act; and

WHEREAS, based on the review of existing City-owned facilities and the development of security plans for certain facilities, the City Council desires to repeal Resolution No. 13-108 in its entirety;

NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF WICHITA, KANSAS that:

SECTION 1. Except for the buildings identified and as legally described in Exhibit A, every City- owned building or facility, whether owned or leased, shall not be posted with signage prohibiting concealed carry as authorized by the Act. Persons licensed under the Act shall be permitted to carry a concealed handgun into any City building or facility with the exception of those listed in Exhibit A.

SECTION 2. The City Council finds that for the facilities and buildings listed in Exhibit A which do not provide adequate security measures as defined by the Act, a security plan has been completed for the listed building. The City Council further finds that such plan supplies adequate security to the occupants of the building and merits the prohibition of carrying a concealed handgun as authorized by the Act. This prohibition shall continue until December 31, 2017, or until rescinded by further action of this Council.

SECTION 3. A copy of each security plan shall be maintained by the Wichita Chief of Police or his/her designee and will be provided to the Kansas Attorney General or law enforcement agencies upon request. Security plans are not subject to disclosure under the Kansas Open Records Act.

SECTION 4. City staff is directed to remove all signage prohibiting the carrying of concealed weapons by licensed carry concealed permit holders at all City owned facilities except those listed in Exhibit A.

SECTION 5. Resolution No. 13-108 is hereby repealed.

SECTION 6. This resolution shall become effective upon its approval and passage by the governing body of the City of Wichita.

Dated this 10th day of December, 2013.

(SEAL) Carl Brewer, Mayor

ATTEST:

Karen Sublett, City Clerk

APPROVED AS TO FORM:

Gary E. Rebenstorf, Director of Law

[BALANCE OF THIS PAGE INTENTIONALLY LEFT BLANK]

64 EXHIBIT “A”

Building and Facility List

Any City building or facility not listed below will not have prohibitions against carry concealed permit holders lawfully carrying weapons inside the City building or facility.

1. Concealed carry is NOT permitted in these City facilities.

Adequate security measures, as defined by K.S.A. 79-7c20, exist in this building. Carry concealed is not authorized.

City Hall 455 N. Main Wichita, KS 67202

2. Security Plans.

Security plans have been developed for the buildings listed below which merit prohibition of carrying of a concealed handgun into these buildings.

The following buildings are exempted due to the nature of children’s activities, recreational programming, and daycare facilities occurring onsite:

A. Libraries

Alford Regional Library – LOT 1, EXCEPT THE SOUTH 450 FEET, BLOCK 1, YMCA SOUTH ADDITION, WICHITA, SEDGWICK COUNTY, KANSAS (PIN 00456146) commonly known as 3447 S. Meridian Ave., Wichita, Kansas 67217.

Evergreen Library – LOT 1, EVERGREEN PARK ADDITION, WICHITA, SEDGWICK COUNTY, KANSAS (PIN 00116225) commonly known as 2601 N. Arkansas Ave., Wichita, Kansas 67204.

Linwood Park Library – LOT 1, LINWOOD GROVE ADDITION, SKINNER STREET ROW, BLOCK 11, FOREST GROVE SUBDIVISION AND MINNESOTA STREET RIGHT OF WAY, WICHITA, SEDGWICK COUNTY, KANSAS commonly known as 1901 S. Kansas, Wichita, Kansas 67211.

Maya Angelou NE Library – LOT 2, SHADYBROOK COMMERCIAL ADDITION, WICHITA, SEDGWICK COUNTY, KANSAS (PIN 00197030) commonly known as 3051 E. 21st Street N., Wichita, Kansas 67214.

65 Orchard Park Library – LOTS 26-27-28, EXCEPT THE WEST 25 FEET OF LOT 28 FOR SREET AND EXCEPT THE SOUTH 40 FEET OF LOTS 26-27 FOR STREET IN R.A. MORRIS TRACTS, WICHITA, SEDGWICK COUNTY, KANSAS (PIN 00219472) commonly known as 4808 W. 9th Street N., Wichita, Kansas 67212.

Rockwell Library – LOT 1, BLOCK A, EDGEMOOR PARK BRANCH LIBRARY ADDITION, WICHITA, SEDGWICK COUNTY, KANSAS (PIN 00183872) commonly known as 5939 E. 9th Street N., Wichita, Kansas 67208.

Westlink Library – EAST 200 FEET OF LOT 1, ASCENSION LUTHERAN CHURCH ADDITION, WICHITA, SEDGWICK COUNTY, KANSAS (PIN 00233578) commonly known as 8515 Bekemeyer St., Wichita, Kansas 67212.

Wichita Central (Main) Library – LOT 1, EXCEPT THE PART PLATTED AS EAST BANK DEVELOPMENT ADDITION, BLOCK 2, CIVIC CENTER SOUTH ADDITION, WICHITA, SEDGWICK COUNTY, KANSAS (PIN 116063) commonly known as 223 S. Main St., Wichita, Kansas 67202.

B. Recreational Centers

Atwater Park Community Center – EAST 237 FEET OF BLOCK 4 EXCEPT THE NORTH 50 FEET FOR STREET, WESTMORELAND ADDITION TO WICHITA, SEDGWICK COUNTY, KANSAS (PIN 00152261) commonly known as 2755 E. 19th Street N., Wichita, Kansas 67214.

Edgemoor Park Recreation Center – NORTH 670 FEET OF THE WEST ½ OF THE SOUTHEAST ¼ EXCEPT BEGINNING 633.87 FEET SOUTH AND 40 FEET EAST OF THE NORTHWEST CORNER OF SAID SOUTH ¼ THEN EAST 135 FEET, SOUTH 36.1 FEET, WEST 135 FEET, NORTH TO BEGINNING AND EXCEPT BEGINNING 40 FEET SOUTH OF THE NORTHEAST CORNER OF THE WEST ½ OF THE SOUTHEAST ¼ THEN SOUTH 280 FEET, WEST 313 FEET, NORTHERLY AND WESTERLY TO A POINT 459.8 FEET WEST OF BEGINNING THEN EAST TO BEGINNING AND EXCEPT STREETS, ALL IN SECTION 13, TOWNSHIP 27 RANGE 1 EAST OF 6TH P.M., WICHITA, SEDGWICK COUNTY, KANSAS (PIN 00156310) commonly known as 5815 E. 9th Street N., Wichita, Kansas 67208.

Evergreen Neighborhood City Hall – LOT 1, EVERGREEN PARK ADDITION, WICHITA, SEDGWICK COUNTY, KANSAS (PIN 00116225) commonly known as 2700 N. Woodland St., Wichita, Kansas 67204.

Evergreen Park Recreation Center – LOT 1, EVERGREEN PARK ADDITION, WICHITA, SEDGWICK COUNTY, KANSAS (PIN 00116225) commonly known as 2700 N. Woodland St., Wichita, Kansas 67204.

66 Linwood Park South Recreation Center – LOT 1, LINWOOD GROVE ADDITION, SKINNER STREET ROW, BLOCK 11, FOREST GROVE SUBDIVISION AND MINNESOTA STREET RIGHT OF WAY, WICHITA, SEDGWICK COUNTY, KANSAS commonly known as 1901 S. Kansas, Wichita, Kansas 67211.

Lynette Woodard Park Recreation Center – EAST 237 FEET OF BLOCK 4, WESTMORELAND ADDITION TO WICHITA, SEDGWICK COUNTY, KANSAS, EXCEPT THE NORTH 50 FEET DEEDED FOR STREET (PIN 00152261) commonly known as 2750 E. 18th Street N., Wichita, Kansas 67214.

McAdams Park Recreation Center – ALL BLOCKS 2-3-4-5 AND BLOCK 6 EXCEPT THE SOUTH 130 FEET AND RESERVE A EXCEPT THE SOUTH 130 FEET AND RESERVES B-C-D-E-F-G-H-I IN VACATED SPRING GROVE ADDITION, WICHITA, SEDGWICK COUNTY, KANSAS (PIN 00122555) commonly known as 1329 E. 16th Street N., Wichita, Kansas 67214.

Orchard Park Recreation Center – LOTS 26-27-28, EXCEPT THE WEST 25 FEET OF LOT 28 FOR STREET AND EXCEPT THE SOUTH 40 FEET OF LOTS 26-27 FOR STREET IN R. A. MORRIS TRACTS WICHITA, SEDGWICK COUNTY, KANSAS (PIN 00219472) commonly known as 4808 W. 9th Street N., Wichita, Kansas 67212.

C. City Arts

CityArts – LOT 1, EXCEPT THE SOUTH 94.83 FEET OF BLOCK 3, OLD TOWN SQUARE ADDITION, WICHITA, SEDGWICK COUNTY, KANSAS (PIN 00528666) commonly known as 334 N. Mead St., Wichita, Kansas 67202.

D. Wichita Art Museum

Wichita Art Museum – LOT 1, W.A.M. ADDITION, WICHITA, SEDGWICK COUNTY, KANSAS (PIN 00116217) commonly known as 1400 W. Museum Blvd., Wichita, Kansas 67203.

The following buildings are exempted due to law enforcement activities occurring onsite.

A. Police Facilities

Police Academy (Leased from U.S.D. 259) – THAT PART OF GOVERNMENT LOT 1 EAST OF HIGHWAY K-96 EXCEPT BEGINNING AT THE INTERSECTION OF THE OF THE EAST LINE OF THE HIGHWAY AND THE NORTH LINE OF THE NORTHWEST ¼ THEN EAST 174 FEET, SOUTH TO RIGHT OF WAY LINE, NORTHWEST TO POINT OF BEGINNING AND EXCEPT BEGINNING AT THE INTERSECTION OF THE EAST LINE OF GOVERNMENT LOT 1 AND HIGHWAY K-96 THEN NORTH 150 FEET, WEST 118.8 FEET TO EAST LINE OF HIGHWAY THEN SOUTHEAST TO THE POINT OF BEGINNING AND EXCEPT PART TO CITY FOR HIGHWAY AND EXCEPT THE NORTH 50 FEET FOR STREET, ALL IN

67 THE NORTHWEST ¼ SECTION 31, TOWNSHIP 26, RANGE 1 EAST OF 6TH P.M., WICHITA, SEDGWICK COUNTY, KANSAS (PIN 00099570) commonly known as 2235 W. 37th Street N., Wichita, Kansas 67204.

Police Substation East – LOT 1, LESTER FOUST ADDITION, WICHITA, SEDGWICK COUNTY, KANSAS (PIN 00193563) commonly known as 350 S. Edgemoor St., Wichita, Kansas 67218.

Police Substation North – LOT 3, SHADYBROOK COMMERCIAL ADDITION, WICHITA, SEDGWICK COUNTY, KANSAS (PIN 00197031) commonly known as 3015 E. 21st Street N., Wichita, Kansas 67214.

Police Substation South – GOVERNMENT LOT 1 EXCEPT BEGINNING 522 FEET SOUTH OF THE NORTHEAST CORNER THEN SOUTHWEST 755 FEET TO RIVER, SOUTHEASTERLY ALONG THE RIVER TO THE EAST LINE OF THE NORTHEAST 1/4 , NORTH TO BEGINNING, ALL IN THE NORTHEAST ¼, SECTION 5, TOWNSHIP 28, RANGE 1 EAST OF 6TH P.M., WICHITA, SEDGWICK COUNTY, KANSAS (PIN 00109604) commonly known as 211 E. Pawnee St., Wichita, Kansas 67211.

Police Substation West – LOT 1, KILLINGSWORTH ADDITION, WICHITA, SEDGWICK COUNTY, KANSAS (PIN 00247853) commonly known as 661 N. Elder St., Wichita, Kansas 67212.

Police EOD Room – LOT 2, BLOCK 9, GLENN VILLAGE ADDITION, WICHITA, SEDGWICK COUNTY, KANSAS (PIN 00228431) commonly known as 1903 W. Pawnee St., Wichita, Kansas 67213.

Police EOD Bomb Range – LOT 1, BLOCK 1, WICHITA SAFETY FACILITY ADDITION, WICHITA, SEDGWICK COUNTY, KANSAS (PIN 00577134) commonly known as 33550 W. 111th Street S., Wichita, Kansas 67106.

Police - Animal Shelter – LOT 1, BLOCK 1, ANIMAL SERVICES CAMPUS ADDITION, WICHITA, SEDGWICK COUNTY, KANSAS (PIN 00579544) commonly known as 3303 N. Hillside St., Wichita, Kansas 67219.

Police Patrol West Community Policing Office – LOT 1, LOVELAND-PATTERSON ADDITION, WICHITA, SEDGWICK COUNTY, KANSAS (PIN 00229589) commonly known as 5803 W. Central Avenue, Wichita, Kansas 67212.

Police Air Section – LOT 1, EXCEPT THE WEST 1324.44 FEET OF THE SOUTH 1322.98 FEET OF BLOCK A, COLONEL JAMES JABARA AIRPORT ADDITION, WICHITA, SEDGWICK COUNTY, KANSAS (PIN 00190822) commonly known as 3340 N. Jabara Rd., Wichita, Kansas 67226.

68 Police Property and Evidence – LOT 1, BLOCK 1, CITY HALL COMPLEX ADDITION, WICHITA, SEDGWICK COUNTY, KANSAS commonly known as 410 N. Waco, Wichita, Kansas 67202.

The following building is exempted due to youth service (employment) programs.

A. Housing

Wichita Housing Authority – LOTS 32 AND ½ VACATED ALLEY ADJACENT ON THE NORTH AND 34 AND ½ VACATED ALLEY ADJACENT ON THE SOUTH, RIVER STREET, WATERMAN’S ADDITION TO WATERMAN’S ADDITION TO WICHITA, SEDGWICK COUNTY, KANSAS (PIN 00100240) commonly known as 332 N. Riverview St., Wichita, Kansas 67203.

The following buildings are exempted due to pre-emptive federal law requirements related to the Department of Homeland Security, Transportation Safety Administration and airport operations.

A. Airport Facilities

Airport Police and Fire Building – WEST HALF OF SOUTHEAST QUARTER OF SECTION 33, TOWNSHIP 27 SOUTH, RANGE 1 WEST OF THE 6TH PRINCIPAL MERIDIAN (PIN 00225081) commonly known as 2193 S. Air Cargo Road, Wichita, Kansas 67209.

Airport Field Maintenance Headquarters – SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 4, TOWNSHIP 28 SOUTH, RANGE 1 WEST OF THE 6TH PRINCIPAL MERIDIAN, TOGETHER WITH THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 9, TOWNSHIP 28 SOUTH, RANGE 1 WEST OF THE 6TH PRINCIPAL MERIDIAN, WICHITA, SEDGWICK COUNTY, KANSAS (PIN 00225085) commonly known as 7710 Southwest Blvd., Wichita, Kansas 67209

Mid-Continent Airport Passenger Terminal Building – SOUTH HALF OF THE SOUTHEAST QUARTER OF SECTION 33, TOWNSHIP 27 SOUTH, RANGE 1 WEST OF THE 6TH PRINCIPAL MERIDIAN, TOGETHER WITH THE NORTH HALF OF THE NORTHEAST QUARTER OF SECTION 4, TOWNSHIP 28 SOUTH, RANGE 1 WEST OF THE 6TH PRINCIPAL MERIDIAN (PIN 00225081) commonly known as 2299 Airport Road, Wichita, Kansas 67209.

Airport Authority Administration Building – WEST HALF OF THE SOUTHEAST QUARTER OF SECTION 33, TOWNSHIP 27 SOUTH, RANGE 1 WEST OF THE 6TH PRINCIPAL MERIDIAN (PIN 00225081) commonly known as 2173 Air Cargo Road, Wichita, Kansas 67209.

69 3. City-Owned Properties Leased in Whole to Lessee.

The facilities listed below are leased in whole to a tenant. The tenant maintains the right to prohibit concealed carry in accordance with Senate Substitute for House Bill No. 2052 (2013) and the Act. Please check signage before entering these facilities.

Boat House 335 E. Lewis St. Wichita, KS 67202

Boston Park Recreation Facility 6655 E. Zimmerly St. Wichita, KS 67207

Boxing 360 1901 N. Market St. Wichita, KS 67214

Broadview Parking Garage 132 N. Waco St. Wichita, KS 67202

Wichita Festivals Inc. 444 E. William St. Wichita, KS 67202

Cargo Terminal Building 1935 Air Cargo Rd. Wichita, KS 67209

Cessna Daycare 2220 E. 21st St. N. Wichita, KS 67214

Cessna Subassembly 2130 E. 21st St. N. Wichita, KS 67214

Farm & Art Market 835 E. 1st St. Wichita, KS 67202

Firefighters Museum 1357 S. Broadway St. Wichita, KS 67211

70 Hilltop Manor 1329 S. Terrace Dr. Wichita, KS 67218

Hyatt Hotel Parking Garage 400 W. Waterman Wichita, KS 67202

Indo Chinese Center 2502 E. Douglas Ave. Wichita, KS 67214

Kansas Aviation Museum 3335 S. George Washington Blvd. Wichita, KS 67210

La Familia Senior Community Center 841 W. 21st St. N. Wichita, KS 67203

La Petite Academy 431 N. Waco St. Wichita, KS 67202

Lawrence Dumont Stadium 300 S. Sycamore St. Wichita, KS 67213

Mid-America All-Indian Center 650 N. Seneca St. Wichita, KS 67203

Nomar Market Place 204 E. 21st St. N. Wichita, KS 67214

Old Town Cinemas Retail 325 N. Mead St. Wichita, KS 67202

Osage Park 2121 W. 31st St. S. Wichita, KS 67217

71 Plastic Recycling 725 E. Clark St. Wichita, KS 67211

Retail Building 750 E. Pawnee St. Wichita, KS 67211

State Office Building 230 E. William St. Wichita, KS 67202

Westside Athletic Field 571 N. McLean Blvd. Wichita, KS 67203

Wichita Sedgwick Co. Historical Museum 204 S. Main St. Wichita, KS 67202

Hangers, buildings, and other facilities located at the following airports are leased to private parties/lessees.

Wichita Mid-Continent Airport 2299 S. Airport Rd. Wichita, KS 67209

Colonel James Jabara Airport 3512 N. Webb Rd. Wichita, KS 67226

4. City-Owned Facilities Where Landlord Prohibits Carry Concealed.

The landlord maintains the right to prohibit concealed carry in its facility and has exercised the right to post the prohibition in accordance with the Act. Please check signage before entering these facilities.

Colvin City Hall 2820 S. Roosevelt St. Wichita, KS 67210

Police Substation / Health Clinic Rogers School 3620 E. Sunnybrook Ln. Wichita, KS 67210

72 Police Substation 230 N. Mosley, Suite D Wichita, KS

Police Substation 4135 E. Harry Wichita, KS

73 Agenda Item No. IV-6

City of Wichita City Council Meeting December 10, 2013

TO: Mayor and City Council

SUBJECT: Ordinance Appropriating the 2014 Budget; Ratifying the Payment of Claims Against the 2013 Budget

INITIATED BY: Department of Finance

AGENDA: New Business Agenda

Recommendation: Approve the Ordinance.

Background: Each year the City Council must appropriate and approve the spending of the next year’s budget according to the approved budget and also authorize, approve and ratify the payments which have occurred against the current year budget.

Analysis: Kansas law requires the amounts established in the 2014 Adopted Budget be appropriated, authorizing the payment of all claims and charges. Payments of claims and charges against each fund shall all be made by a combination of checks and warrants, drawn by the Director of Finance and counter-signed by the City Manager and Treasurer as provided by law.

The payment of all claims and charges against respective accounts and funds provided in the budget for the year 2013 are also required to be authorized, ratified and approved.

The legal requirements can be met by passage of the presented ordinance.

Financial Considerations: Appropriation of the 2014 budgets as adopted in August 2013 is required prior to expending funds.

Legal Considerations: The Ordinance has been approved as to form by the Law Department.

Recommendations/Actions: It is recommended that the City Council approve the passage of the Ordinance.

Published in the Wichita Eagle December 20, 2013

ORDINANCE NO. 49-631

AN ORDINANCE APPROPRIATING THE AMOUNTS SET UP IN EACH FUND IN THE BUDGET; PROVIDING FOR THE PAYMENT OF ALL CLAIMS AND CHARGES AGAINST THE ACCOUNTS PROVIDED FOR THEREIN; AND APPROVING AND RATIFYING THE PAYMENT OF ALL CLAIMS AGAINST THE ACCOUNTS.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF WICHITA, KANSAS.

SECTION 1. That there is hereby appropriated the amounts set up in each fund in the budget for the fiscal year 2014 for the payment of all claims and charges against each fund. Payments of all claims and charges against each fund shall be made by combination of checks and warrants, drawn by the Director of Finance and counter-signed by the City Manager and Treasurer as provided by law, provided, however, that such officers shall at all times comply with the provisions of the Budget Law and the Cash Basis Law of the State of Kansas.

SECTION 2. That the payment of all claims and charges against the respective accounts and funds provided in the budget for the year 2013 are hereby authorized, ratified and approved.

SECTION 3. This Ordinance shall take effect and be in force from and after its passage and publication once in the official city paper.

PASSED by the Governing Body of the City of Wichita, Kansas, this 17th day of December, 2013.

Carl Brewer, Mayor ATTEST: (SEAL)

Karen Sublett, City Clerk

Approved as to Form:

Gary Rebenstorf, City Attorney and Director of Law

75 Agenda Item No. IV-7

City of Wichita City Council Meeting December 10, 2013

TO: Mayor and City Council

SUBJECT: Year-end Salary and Classification Ordinances

INITIATED BY: Human Resources

AGENDA: New Business

Recommendation: Approve the amended ordinances and place them on first reading.

Background: Classification Ordinances establish employee job classifications and corresponding pay ranges. Salary Ordinances establish pay rates, and must be revised for any changes in pay rates or salary ranges. Revisions to the Ordinances are typically combined and presented for consideration.

Analysis: The changes proposed to the four ordinances, effective December 21, 2013, are listed in the attached Salary and Classification Ordinance Revisions. Deletions are shown by cross outs; other revisions are bolded. The salary ordinances include the following changes for 2014: • Ranges 602-627 were increased by 1.5%. • Range 630 was added to the non-exempt ordinance. • Ranges 710-727 were increased by 1.5%. • Ranges 925-929 were increased by 1.5%. • Ranges B32-E83 were increased by 1.5%

The Non-exempt Employee Salary Ordinance contains a 1.5% General Pay Adjustment and step wage increase of 2.5% for eligible non-exempt employees. The Exempt Employee Salary Ordinance contains the same 1.5% General Pay Adjustment and a commensurate 2.5% increase for eligible exempt employees. Salary ranges for several bargaining units have not been finalized for 2014. These ranges will be adjusted in subsequent salary ordinances upon contract approval and ratification.

Municipal Court Judges will receive a 1.5% General Pay Adjustment. Upon completion of annual evaluations in 2014, they may be eligible for an additional increase, to be determined by the City Council at that time.

Financial Considerations: The cost of the revisions of the Non-exempt Employee Salary Ordinance is incorporated into the 2014 budget and reflects the level of wage adjustment in the labor agreements based on a General Pay Adjustment of 1.5% and a step wage increase of 2.5% or a combination of the two varying by individual unions. The proposed wages are also consistent with memoranda of understanding with the Service Employees International Union (SEIU) Local 513 and the Fraternal Order of Police Lodge 105. The Exempt Salary Ordinance is reflective of the same percentages provided to non-exempt employees.

Legal Considerations: The Law Department has reviewed the ordinances and approved them as to form.

Recommendations/Actions: It is recommended that the City Council adopt the ordinances and place them on first reading.

Attachment: Salary and Classification Ordinance Changes, December 10, 2013

76 240100 ORDINANCE NO. 49-632

AN ORDINANCE ESTABLISHING POSITION CLASSIFICATIONS FOR NON- EXEMPT EMPLOYEES OF THE CITY OF WICHITA AND PRESCRIBING PAY RATES BY REFERENCE TO POSITION CLASSIFICATIONS IN THE SCHEDULE OF PAY RANGES REPEALING ORDINANCE NO. 49-421

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF WICHITA:

SECTION 1. The rates of pay for all positions allocated to the titles below are prescribed according to the following schedule.

Class Title Pay Range Number Account Clerk I 617 Account Clerk II 619 Account Clerk III 621 Administrative Aide I 620 Administrative Aide II 623 Administrative Aide III 926 Administrative Assistant 928 Administrative Secretary 621 Airport Building Maintenance Mechanic 623 Airport Building Maintenance Supervisor 626 Airport Custodial Supervisor 622 Airport Equipment Maintenance Supervisor 627 Airport Field Maintenance Supervisor 625 Airport Operations Officer 623 Airport Police and Fire Officer I 691 Airport Police and Fire Officer II 692 Airport Public Safety Supervisor 893 or 827 Airport Services Officer 621 Animal Control Officer I 619 Animal Control Officer II 621 Animal Display Attendant 619 Animal Shelter Supervisor 623 Assistant Airport Public Safety Supervisor 892 or 824 Assistant Golf Course Maintenance Supervisor 621 Associate Accountant 623

Bailiff 617 Body Shop Mechanic I 622 Body Shop Mechanic II 623 Building Attendant 609 Building Permit Examiner 625 Bus Mechanic A 320 Bus Mechanic B 317 Bus Mechanic’s Helper 315 Bus Operator 316 Bus Utility Worker 312

Child Development Specialist 927 Clerical Aide 609 Clerk I 613 Clerk II 615 Clerk III 617 Combination Inspector 627 Combination Neighborhood Inspector 627

1 77

Community Health Nurse I 927 Community Health Nurse II 929 Construction Inspector I 623

Class Title Pay Range Number Construction Inspector II 625 Crime Scene Investigator 714 Crime Scene Supervisor 630 Custodial Guard 615 Custodial Supervisor 621 Custodial Worker I 615 Custodial Worker II 617 Customer Clerk 412 Customer Clerk Aide 405 Customer Service Clerk I 617 Customer Service Clerk II 619

Department Intern 612 Deputy City Clerk 927 Digital Evidence Technician 625 Docket Clerk 618

Electrical and Elevator Inspector II 625 Electrical and Elevator Inspector III 627 Electrical Inspector 623 Electrical Technician 627 Electrician I 621 Electrician II 623 Electronics Technician I 623 Electronics Technician II 625 Electronics Technician III 627 Elevator Inspector 623 Engineering Aide I 618 Engineering Aide II 620 Engineering Aide III 623 Engineering Technician I 624 Engineering Technician II 626 Environmental Inspector 410 Equipment Operator I 617 Equipment Operator II 619 Equipment Operator III 620 Event Worker I 615 Event Worker II 617

Family Development Specialist 925 Field Supervisor 625 Field Worker I 406 Field Worker II 414 Fire Captain 893 or 827 Fire Equipment Shop Supervisor 626 Fire Fighter 891 or 822 Fire Investigator I 892 or 824 Fire Investigator II 893 or 827 Fire Lieutenant 892 or 824 Fire Medical Training Officer 893 or 827 Fire Prevention Inspector I 892 or 824 Fire Prevention Inspector II 893 or 827 Fire Prevention Training Instructor I 892 or 824 Fire Prevention Training Instructor II 893 or 827 Fire Protection Systems Specialist 893 or 827 2 78

Fire Recruit 821 Fire Training Instructor 893 or 827

Class Title Pay Range Number Fiscal Specialist 925 Forensic Examiner 929

Gardener I 617 Gardener II 618 Gardening Supervisor I 619 Gardening Supervisor II 621 General Supervisor I 623 General Supervisor II 624 Greenskeeper 617 Grounds Maintenance Supervisor 621 Guard 617

Head Lifeguard 412 Heating and Air Conditioning Mechanic 623 Helicopter Mechanic 627 Housing Specialist 925

Information Systems Coordinator 926 Inspector 622 Instructor I 415 Instructor II 417 Irrigation System Supervisor 623

Labor Supervisor I 621 Labor Supervisor II 622 Laboratory Technician 620 Laborer 616 Legal Assistant 623 Legal Secretary 620 Library Assistant I 615 Library Assistant II 617 Library Assistant III 619 Library Assistant IV 621 Library Assistant V 622 Lifeguard I 406 Lifeguard II 408

Machinist Mechanic 622 Maintenance Mechanic 621 Maintenance Mechanic Supervisor 622 Maintenance Specialist 619 Maintenance Technician 626 Maintenance Worker 617 Mechanic I 618 Mechanic II 622 Mechanic III 623 Mechanic Supervisor 624 Mechanical Inspector 623 Museum Interpreter 415

Neighborhood Inspector I 623 Neighborhood Inspector II 625 Neighborhood Inspector III 626

Office Aide I 406 3 79

Office Aide II 409 Operations Supervisor I 623 Operations Supervisor II 624 Class Title Pay Range Number Outreach Worker 613

Parts Clerk 622 Photographer 619 Planning Aide 623 Planning Analyst 927 Plant Operator 622 Plumber 623 Plumbing and Mechanical Inspector II 625 Plumbing and Mechanical Inspector III 627 Plumbing Inspector 623 Police Detective 724 Police Lieutenant 727 Police Officer 723 Police Recruit 722 Police Sergeant 725 Preparator 623 Probation Officer 625 Property Clerk 621 Public Health Sanitarian I 625

Radio Dispatcher 621 Recreation Aide I 405 Recreation Aide II 406 Recreation Leader I 409 Recreation Leader II 412 Rehabilitation Loan Specialist 627 Rehabilitation Specialist I 623 Rehabilitation Specialist II 625 Right-of-Way/Utility Coordinator 929

Scorekeeper 406 Secretary 619 Security Officer 621 Security Screener 617 Senior Building Permit Examiner 627 Senior Storekeeper 621 Senior Traffic Investigator 621 Service Attendant 616 Service Officer I 620 Service Officer II 623 Sewer Line Technician 622 Sign Painter 621 Signal Electrician 625 Signal Technician 626 Special Water Service Representative 620 SPIDER Dispatcher 621 Sports Official Unspecified* Sports Supervisor 411 Station Clerk 710 Storekeeper 619 Street Inspector 623 Street Inspector Supervisor 624 Swimming Pool Manager 415 Systems Analyst I 927

4 80

Class Title Pay Range Number Telecommunications Coordinator 929 Ticket Clerk 406 Traffic Investigator 619 Traffic Signal Mechanic 619 Tree Maintenance Aide 616 Tree Maintenance General Supervisor 624 Tree Maintenance Inspector 623 Tree Maintenance Supervisor 623 Tree Maintenance Worker I 619 Tree Maintenance Worker II 621

Van Driver 314

Warrant Officer 712 Water Line Technician 620 Water Meter Reader 619 Water Utility Worker 618 Worker I 405 Worker II 409

*As stated in the Non-exempt Salary Ordinance, Sports Officials are paid based on the sport involved and/or the qualifications/certifications of the individual. No range is stated.

SECTION 2. Ordinance No. 49-421 is hereby repealed.

SECTION 3. This ordinance shall take effect on December 20, 2013 and be published in the official city newspaper.

ADOPTED at Wichita, Kansas, this 17th day of December.

______Carl Brewer, Mayor

Attest: ______

______Karen Sublett, City Clerk

Approved as to form:

______Gary E. Rebenstorf, Director of Law

5 81

ORDINANCE NO. 49-633 240100 Non-exempt Salary

AN ORDINANCE PROVIDING FOR A UNIFORM SCHEDULE OF STANDARD PAY RANGES FOR NON- EXEMPT EMPLOYEES OF THE CITY OF WICHITA, REPEALING ORDINANCE NO. 49-420

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF WICHITA:

SECTION 1. A schedule of standard pay ranges established for classifications in Wichita Transit represented by Teamsters Union Local #795, and in which employees are treated as non-exempt from the overtime provisions of the FLSA.

SCHEDULE OF STANDARD PAY RANGES IN HOURLY AMOUNTS December 21, 2013 - December 19, 2014

Range A B C D E F G 312 10.7827 11.0522 11.3284 11.6116 11.9019 12.1994 12.5044 314 12.2468 12.5530 12.8220 13.1886 13.5182 13.8562 14.2027 315 12.2468 12.5530 12.8220 13.1886 13.5182 13.8562 14.2027 316 12.7942 13.1140 13.4418 13.7779 14.1223 14.4753 14.8373 317 13.7098 14.0525 14.4038 14.7639 15.1329 15.5113 15.8991 320 15.7231 16.1162 16.5191 16.9320 17.3555 17.7893 18.2339

Range H I J K L M N O 312 12.8170 13.1374 13.4659 13.8026 14.1475 14.5014 14.8638 15.2354 314 14.5576 14.9217 15.2946 15.6770 16.0688 16.4708 16.8825 17.3046 315 14.5576 14.9217 15.2946 15.6770 16.0688 16.4708 16.8825 17.3046 316 15.2082 15.5884 15.9782 16.3777 16.7871 17.2067 17.6369 18.0778 317 16.2968 16.7040 17.1216 17.5496 17.9884 18.4380 18.8991 19.3715 320 18.6898 19.1570 19.6361 20.1268 20.6299 21.1458 21.6745 22.2163

(THE REST OF THIS PAGE IS LEFT BLANK INTENTIONALLY.)

- 1 - 82

SECTION 2. A schedule of standard pay ranges established for classifications for temporary, seasonal and/or intermittent positions that are City employees and treated as non-exempt from the overtime provisions of the FLSA.

SCHEDULE OF STANDARD PAY RANGES IN HOURLY AMOUNTS December 21, 2013 - December 19, 2014

Range A B C D E F G 405 7.2500 7.4313 7.6170 7.8075 8.0026 8.2027 8.4078 406 8.1934 8.3982 8.6083 8.8234 9.0440 9.2701 9.5019 407 8.5051 8.7177 8.9357 9.1591 9.3881 9.6228 9.8634 408 8.8359 9.0568 9.2832 9.5154 9.7532 9.9970 10.2470 409 9.1966 9.4265 9.6622 9.9038 10.1513 10.4051 10.6652 410 9.5741 9.8135 10.0587 10.3103 10.5680 10.8322 11.1030 411 9.9562 10.2051 10.4602 10.7218 10.9898 11.2645 11.5462 412 10.3837 10.6433 10.9093 11.1820 11.4617 11.7481 12.0419 414 11.2868 11.5690 11.8582 12.1547 12.4586 12.7700 13.0893 415 11.7898 12.0845 12.3866 12.6963 13.0137 13.3390 13.6726 416 12.3154 12.6233 12.9389 13.2624 13.5939 13.9337 14.2820 417 12.8746 13.1965 13.5264 13.8646 14.2112 14.5665 14.9307

Range H I J K L M N O 405 8.6180 8.8334 9.0543 9.2806 9.5126 9.7504 9.9942 10.2441 406 9.7394 9.9829 10.2325 10.4883 10.7505 11.0193 11.2947 11.5771 407 10.1100 10.3626 10.6218 10.8873 11.1595 11.4385 11.7245 12.0175 408 10.5032 10.7658 11.0348 11.3108 11.5936 11.8833 12.1805 12.4849 409 10.9319 11.2052 11.4853 11.7724 12.0667 12.3685 12.6776 12.9945 410 11.3806 11.6651 11.9567 12.2556 12.5620 12.8761 13.1980 13.5280 411 11.8349 12.1307 12.4340 12.7449 13.0675 13.3900 13.7248 14.0679 412 12.3429 12.6515 12.9678 13.2920 13.6243 13.9649 14.3140 14.6719 414 13.4165 13.7519 14.0957 14.4481 14.8093 15.1795 15.5590 15.9480 415 14.0143 14.3648 14.7238 15.0919 15.4692 15.8559 16.2524 16.6587 416 14.6392 15.0051 15.3802 15.7647 16.1588 16.5629 16.9769 17.4013 417 15.3039 15.6865 16.0787 16.4806 16.8926 17.3149 17.7478 18.1915

(THE REST OF THIS PAGE IS LEFT BLANK INTENTIONALLY.)

- 2 - 83

SECTION 3. A schedule of standard pay ranges established for positions in which employees are treated as non-exempt from the overtime provisions of the FLSA.

SCHEDULE OF STANDARD PAY RANGES IN HOURLY AMOUNTS December 21, 2013 - December 19, 2014

Range A B C D E F G 602 7.8112 8.0066 8.2068 8.4119 8.6222 8.8378 9.0587 606 8.5243 8.7373 8.9559 9.1797 9.4092 9.6444 9.8855 607 8.8486 9.0697 9.2965 9.5289 9.7671 10.0114 10.2617 608 9.1927 9.4224 9.6580 9.8996 10.1470 10.4007 10.6607 609 9.5679 9.8071 10.0523 10.3036 10.5612 10.8252 11.0959 610 9.9607 10.2097 10.4649 10.7265 10.9947 11.2695 11.5513 611 10.3582 10.6171 10.8825 11.1547 11.4336 11.7194 12.0124 612 10.8029 11.0730 11.3497 11.6335 11.9244 12.2224 12.5281 613 11.2538 11.5351 11.8234 12.1190 12.4220 12.7326 13.0509 614 11.7425 12.0361 12.3370 12.6454 12.9616 13.2855 13.6177 615 12.2658 12.5725 12.8867 13.2089 13.5392 13.8776 14.2246 616 12.8126 13.1330 13.4613 13.7978 14.1427 14.4963 14.8587 617 13.3944 13.7293 14.0726 14.4244 14.7850 15.1546 15.5335 618 14.0124 14.3627 14.7218 15.0898 15.4671 15.8537 16.2499 619 14.6676 15.0342 15.4101 15.7954 16.1903 16.5949 17.0099 620 15.3453 15.7289 16.1222 16.5252 16.9383 17.3618 17.7958 621 16.0905 16.4928 16.9050 17.3277 17.7610 18.2048 18.6601 622 16.8685 17.2902 17.7224 18.1656 18.6197 19.0851 19.5623 623 17.6865 18.1286 18.5818 19.0464 19.5225 20.0106 20.5109 624 18.5671 19.0314 19.5072 19.9948 20.4947 21.0070 21.5322 625 19.4919 19.9792 20.4786 20.9906 21.5154 22.0532 22.6046 626 20.4732 20.9850 21.5097 22.0474 22.5986 23.1636 23.7428 627 21.5135 22.0514 22.6026 23.1678 23.7468 24.3405 24.9491 630 24.9241 25.5472 26.1859 26.8406 27.5116 28.1994 28.9044

Range H I J K L M N O 602 9.2852 9.5172 9.7553 9.9992 10.2492 10.5053 10.7679 11.0372 606 10.1326 10.3860 10.6456 10.9118 11.1846 11.4641 11.7507 12.0445 607 10.5181 10.7810 11.0506 11.3269 11.6101 11.9003 12.1979 12.5027 608 10.9273 11.2004 11.4804 11.7674 12.0617 12.3631 12.6723 12.9890 609 11.3733 11.6576 11.9491 12.2477 12.5539 12.8679 13.1895 13.5192 610 11.8401 12.1361 12.4394 12.7504 13.0691 13.3960 13.7309 14.0741 611 12.3127 12.6204 12.9360 13.2595 13.5909 13.9306 14.2789 14.6359 612 12.8413 13.1623 13.4914 13.8287 14.1744 14.5287 14.8920 15.2642 613 13.3772 13.7115 14.0543 14.4057 14.7659 15.1350 15.5134 15.9012 614 13.9582 14.3071 14.6648 15.0314 15.4072 15.7924 16.1872 16.5919 615 14.5802 14.9448 15.3183 15.7012 16.0937 16.4961 16.9086 17.3313 616 15.2302 15.6109 16.0012 16.4012 16.8112 17.2316 17.6623 18.1039 617 15.9218 16.3199 16.7278 17.1460 17.5746 18.0140 18.4644 18.9260 618 16.6563 17.0727 17.4995 17.9370 18.3854 18.8450 19.3162 19.7991 619 17.4351 17.8710 18.3177 18.7757 19.2451 19.7262 20.2194 20.7249 620 18.2408 18.6968 19.1642 19.6433 20.1345 20.6377 21.1536 21.6825 621 19.1266 19.6047 20.0949 20.5972 21.1122 21.6399 22.1809 22.7354 622 20.0513 20.5526 21.0664 21.5931 22.1329 22.6863 23.2534 23.8347 623 21.0237 21.5493 22.0880 22.6402 23.2062 23.7863 24.3809 24.9905 624 22.0706 22.6223 23.1879 23.7675 24.3617 24.9708 25.5951 26.2349 625 23.1697 23.7490 24.3426 24.9512 25.5750 26.2144 26.8698 27.5415 626 24.3362 24.9446 25.5683 26.2075 26.8627 27.5342 28.2226 28.9281 627 25.5728 26.2122 26.8675 27.5392 28.2277 28.9334 29.6567 30.3980 630 29.6270 30.3676 31.1268 31.9050 32.7026 33.5202 34.3582 35.2172 - 3 - 84

SECTION 4. A schedule of standard pay ranges established for Airport Safety positions in which employees are treated as non-exempt from the overtime provisions of the FLSA.

SCHEDULE OF STANDARD PAY RANGES IN HOURLY AMOUNTS December 21, 2013 - December 19, 2014

Range A B C D E F G 691* 24 Hour Shift 12.6619 12.9784 13.3029 13.6355 13.9764 14.3258 14.6839 40 Hour Week 17.7266 18.1698 18.6240 19.0896 19.5668 20.0560 20.5575

692* 24 Hour Shift 13.9280 14.2763 14.6332 14.9991 15.3739 15.7584 16.1522 40 Hour Week 19.4992 19.9867 20.4865 20.9986 21.5235 22.0616 22.6132

Range H I J K L M N O 691* 24 Hour Shift 15.0510 15.4273 15.8130 16.2084 16.6135 17.0288 17.4544 17.8908 40 Hour Week 21.0714 21.5982 22.1382 22.6915 23.2588 23.8404 24.4363 25.0472

692* 24 Hour Shift 16.5561 16.9700 17.3942 17.8292 18.2749 18.7317 19.1999 19.6800 40 Hour Week 23.1786 23.7580 24.3519 24.9608 25.5848 26.2243 26.8799 27.5520

Hourly rates in this pay range that are designated “24-Hour Shift” are for Airport Safety positions assigned to work 24- hour shifts with schedules based on a 27-day work period. The rates designated “40-Hour Week” are provided to accommodate the need to assign an employee in a position classification assigned to one of these ranges to a duty requiring that work be performed during a 40-hour per week schedule.

(THE REST OF THIS PAGE IS LEFT BLANK INTENTIONALLY.)

- 4 - 85

SECTION 5. A schedule of standard pay ranges established for commissioned and non-commissioned positions in the Police Department that are treated as non-exempt from the overtime provisions of the FLSA.

SCHEDULE OF STANDARD PAY RANGES IN HOURLY AMOUNTS December 21, 2013 – December 19, 2014

Range A B C D E F G 710 15.6679 16.0596 16.4612 16.8726 17.2945 17.7269 18.1700 711 16.6069 17.0221 17.4476 17.8838 18.3308 18.7892 19.2589 712 17.6776 18.1195 18.5725 19.0369 19.5128 20.0006 20.5006 714 18.9436 19.4172 19.9026 20.4001 20.9102 21.4330 21.9688 722 19.9484 723 20.8884 21.4106 21.9458 22.4944 23.0568 23.6333 24.2241 724 22.9486 23.5222 24.1103 24.7130 25.3308 25.9642 26.6132 725* 25.2365 25.8674 26.5140 27.1769 27.8563 28.5528 29.2666 727* ------30.4592 31.2207

Range H I J K L M N O 710 18.6243 19.0899 19.5672 20.0563 20.5577 21.0717 21.5985 22.1384 711 19.7404 20.2339 20.7398 21.2582 21.7896 22.3344 22.8928 23.4651 712 21.0131 21.5385 22.0769 22.6288 23.1945 23.7744 24.3688 24.9780 714 22.5180 23.0809 23.6580 24.2494 24.8557 25.4770 26.1139 26.7669 722 723 24.8296 25.4505 26.0866 26.7388 27.4073 28.0925 28.7948 29.5147 724 27.2786 27.9605 28.6595 29.3760 30.1104 30.8632 31.6348 32.4256 725* 29.9982 30.7482 31.5169 32.3048 33.1125 33.9402 34.7888 35.6585 727* 32.0012 32.8013 33.6212 34.4617 35.3232 36.2063 37.1115 38.0393

*Hourly rates in this pay range are for law enforcement positions assigned to work a 42.5-hour per week schedule

(THE REST OF THIS PAGE IS LEFT BLANK INTENTIONALLY.)

- 5 - 86

SECTION 6. A schedule of standard pay ranges established for commissioned positions in the Fire Department in which employees are treated as non-exempt from the overtime provisions of the FLSA.

SCHEDULE OF STANDARD PAY RANGES IN HOURLY AMOUNTS December 21, 2013 – December 19, 2014

Range A B C D E F G 821 17.1012 ------824 21.5709 22.1102 22.6629 23.2295 23.8102 24.4055 25.0156 827* 24 Hr. 17.0834 17.5104 17.9482 18.3969 18.8568 19.3283 19.8115 827* 40 Hr. 23.9167 24.5146 25.1275 25.7557 26.3996 27.0596 27.7361 891* 24 Hr 13.9409 14.2895 14.6467 15.0129 15.3882 15.7729 16.1672 891* 40 Hr 19.5173 20.0052 20.5054 21.0180 21.5435 22.0820 22.6341 892* 24 Hr 15.4078 15.7930 16.1878 16.5925 17.0073 17.4325 17.8683 892* 40 Hr. 21.5709 22.1102 22.6629 23.2295 23.8102 24.4055 25.0156 893* 24 Hr. 17.0834 17.5104 17.9482 18.3969 18.8568 19.3283 19.8115 893* 40 Hr. 23.9167 24.5146 25.1275 25.7557 26.3996 27.0596 27.7361 Range H I J K L M N O 821 ------824 25.6410 26.2820 26.9391 27.6126 28.3029 29.0104 29.7357 30.4791 827* 24 Hr. 20.3068 20.8144 21.3348 21.8682 22.4149 22.9752 23.5496 24.1383 827* 40 Hr. 28.4295 29.1402 29.8687 30.6154 31.3808 32.1653 32.9694 33.7937 891* 24 Hr 16.5714 16.9857 17.4103 17.8456 18.2917 18.7490 19.2177 19.6982 891* 40 Hr 23.2000 23.7800 24.3745 24.9838 25.6084 26.2486 26.9048 27.5775 892* 24 Hr 18.3150 18.7729 19.2422 19.7233 20.2163 20.7217 21.2398 21.7708 892 *40 Hr. 25.6410 26.2820 26.9391 27.6126 28.3029 29.0104 29.7357 30.4791 893* 24 Hr. 20.3068 20.8144 21.3348 21.8682 22.4149 22.9752 23.5496 24.1383 893* 40 Hr. 28.4295 29.1402 29.8687 30.6154 31.3808 32.1653 32.9694 33.7937

*Hourly rates in this pay range that are designated “24-Hour Shift” are for fire protection positions assigned to work hour shifts with schedules based on a 27-day work period. The rates designated “40-Hour Week” are provided to accommodate the need to assign an employee in a position classification assigned to one of these ranges to a duty requiring that work be performed during a 40-hour per week schedule.

(THE REST OF THIS PAGE IS LEFT BLANK INTENTIONALLY.)

- 6 - 87

SECTION 7. A schedule of standard pay ranges established for professional positions in which employees are treated as non-exempt from the overtime provisions of the FLSA.

SCHEDULE OF STANDARD PAY RANGES IN HOURLY AMOUNTS December 21, 2013 – December 20, 2014

Range A B C D E F G 925 18.3002 18.7577 19.2266 19.7073 20.2000 20.7050 21.2226 926 20.4732 20.9850 21.5098 22.0475 22.5987 23.1635 23.7428 927 21.5135 22.0514 22.6026 23.1678 23.7468 24.3405 24.9490 928 22.5892 23.1541 23.7329 24.3263 24.9344 25.5577 26.1965 929 23.7188 24.3117 24.9195 25.5424 26.1810 26.8357 27.5064

Range H I J K L M N O 925 21.7532 22.2970 22.8545 23.4258 24.0114 24.6117 25.2270 25.8577 926 24.3369 24.9446 25.5683 26.2075 26.8627 27.5342 28.2226 28.9281 927 25.5728 26.2122 26.8675 27.5392 28.2277 28.9333 29.6566 30.3980 928 26.8516 27.5228 28.2109 28.9162 29.6392 30.3802 31.1396 31.9181 929 28.1942 28.8989 29.6215 30.3620 31.1211 31.8991 32.6965 33.5140

SECTION 8. Other Provisions

a. Unless otherwise indicated in the schedule contained in Sections 1 through 8 above, the pay ranges enumerated in said Sections shall constitute the total pay received by employees, subject to the following exceptions:

(1) Commissioned officers of the Police Department who are required to wear uniforms while on duty will be issued a complete uniform. All uniform items issued under the uniform program shall remain the property of the City of Wichita.

(2) Commissioned Police Department Personnel, as well as Traffic Safety Officers, Warrant Officers, Station Clerks, and Crime Scene Investigators shall be allowed up to a maximum of $700.00 in department credit or vouchers for replacement of uniforms and/or civilian attire in accordance with departmental policy. Uniformed employees may expend up to $350.00 of the allowance for civilian attire each year. This provision applies below the rank of Deputy Police Chief. It does not apply to civilianized positions that are not required to be in uniform.

(3) All members of the Reserve Police Force may, at the discretion of the City Manager, be paid up to but not exceeding the sum of $60.00 per year, in accordance with the clothing maintenance and allowance program promulgated and administered by the City Manager, which program may be revised and amended.

(4) Commissioned officers of the Fire Department who are required to wear uniforms while on duty will be paid up to but not exceeding the additional sum of $650.00. This provision applies to positions below the rank of Deputy Fire Chief.

Protective clothing will be furnished to such members of the Fire Department as may be designated by the Director of the Department. Protective clothing shall include bunkers, coats, boots, and any other items that the City Manager may authorize.

(5) Uniforms may be prescribed for employees in positions whose duties bring them in frequent contact with the public. Department directors may acquire, with approval of the City Manager, uniforms within budgeted amounts.

- 7 - 88

(6) Service Officers, Security Screeners and Security Officers in the Police Department shall be allowed up to a maximum of $450.00 in department credit or vouchers for replacement of uniforms in accordance with Departmental Policy. No allowance shall be paid in the year of initial uniform issue or any subsequent year in which all new uniforms are issued.

The City Manager may approve an annual uniform allowance or credit vouchers up to a maximum of $125.00 for other noncommissioned City employees required to wear a standardized uniform in the performance of their assigned duties. The allowance will vary depending upon the actual costs of replacing different kinds of uniforms and departmental policy. The City Manager shall determine which positions will require such uniforms and may revise and amend such determination at his/her discretion.

Reimbursement shall be made to eligible employees, of an amount not to exceed $150.00, expended for safety boots that meet the specifications set by the City. The City Manager shall determine which positions are eligible and may revise and amend such determination at his/her discretion.

(7) Commissioned officers of the Police Department who have received a degree from a four-year College or university will receive $110.00 per month for a bachelor’s degree or $135.00 per month for a master’s degree. The degree must be in Administration of Justice, a related field, or be approved the Department Director and the City Manager. These employees are not eligible for the Tuition Reimbursement program.

(8) Commissioned members of the Fire Department shall receive education pay of $25.00 per month for associate’s degree or $50.00 per month for a bachelor’s degree or $75.00 per month for a master’s degree in Fire Science from a college or university accredited by an agency recognized by the Kansas Board of Regents and certified as eligible by the Human Resources Department. These employees are not eligible for the Tuition Reimbursement program.

(9) Airport Police and Fire Officers represented by the Teamsters Union Local #795 shall receive education pay of $50.00 per month for a bachelor’s degree or $75.00 per month for a master’s degree from a college or university accredited by an agency recognized by the Kansas Board of Regents and certified as eligible by the Human Resources Department. These employees are not eligible for the Tuition Reimbursement program.

(10) Police Department personnel who are assigned to duty requiring regular and frequent aerial flights shall be entitled to Special Duty Pay, not to exceed $60.00 per pay period in which at least ten (10) flight hours are logged. Special Duty Pay also applies to Police Department personnel who are certified/trained and assigned to bomb duty, clandestine labs, canine or SWAT duty; they shall be compensated $60.00 per pay period in addition to their regular pay. An employee may receive only one category of Special Duty Pay.

(11) IAFF-represented Fire Department personnel who are certified as, and members of, the team assigned to Arson Investigation, Haz-Mat or Technical Rescue, will receive an additional $35.00 per pay period. This provision also applies to Fire Battalion Chiefs who qualify. An employee may receive only one category of Special Duty Pay.

(12) Airport Police and Fire Officers represented by the Teamsters Union Local #795 shall receive $35.00 per pay period in addition to their base pay upon satisfactory completion of an accredited Emergency Medical Technician (EMT) course.

(13) Police Officers who are assigned to Field Training Officer duty shall be entitled to an additional $1.25 per hour while actually assigned to the training of newly commissioned officers and newly commissioned reserve police officers. This shall occur only during the training cycle or remedial training cycle established for such new officers (or such training cycle as may be approved by the Chief of Police). Police Sergeants who are assigned to a Police Field Training Sergeant duty shall be entitled to an additional $1.15 per hour while actually assigned to supervise the training of newly commissioned officers and newly commissioned reserve police officers. This pay shall only - 8 - 89

occur during the training cycle or remedial training cycle established for such new officers (or such Training cycle as may be approved by the Chief of Police).

(14) FOP-represented employees who opt to take and pass an annual fitness test will receive a $100.00 bonus for each year in which they pass the test.

(15) Sports Officials, if City employees, will be paid on a per game basis with pay ranging from $18.00 to $60.00 per game. Individual rates depend on the specific sport and/or certification level of the official.

(16) Shift differential will be paid at a rate of $0.75 per hour for hours actually worked between 6:00 p.m. and 6:00 a.m. for full-time non-exempt employees represented by the Service Employees’ International Union or by Employees’ Council.

The following work time will be used to differentiate between shifts for employees in the Fire Department represented by the International Association of Fire fighters:

1st Shift: From 4:00 a.m. to 2:59 p.m. 2nd Shift: From 3:00 p.m. to 9:59 p.m. 3rd Shift: From 10:00 p.m. to 3:59 a.m.

The following work time will be used to differentiate between shifts for employees represented by the Fraternal Order of Police:

1st Shift: From: 6:00 a.m. To: 10:00 a.m. 2nd Shift: From: 10:00 a.m. To: 5:00 p.m. 3rd Shift: From: 5:00 p.m. To: 11:00 pm. 4th Shift: From: 11:00 p.m. To: 6:00 a.m.

Employees represented by the Fraternal Order of Police shall receive $0.75 per hour shift differential for 2nd, 3rd and 4th shift, in addition to regular wages.

Employees of the Fire Department represented by the International Association of Fire Fighters who work a 40 hour week will receive $0.15 per hour differential for 2nd shift and $0.25 per hour for 3rd shift.

(17) An employee who is put on standby status shall be compensated at the rate of $1.00 per hour for every hour on standby status.

(18) Allowance for travel expenses or for the use of personally owned vehicles may be made by the City Manager; and such other expenses incurred in, and as part of, official City business as shall be authorized and approved by the City Manager. Any subsistence furnished employees shall be deducted from the gross pay in the amount of the equivalent cash value as determined by the City Manager.

(19) In recognition of long and faithful service the City Manager may approve longevity pay for certain employees in addition to other remuneration received. Such payments may commence upon the completion of six years total accumulative municipal employment, and continue each year thereafter so long as an employee shall remain in the active service of the City. The payment shall be an amount not to exceed $2.00 times the total years of service, per month, e.g., $2.00 X 10 years of service = $20.00 per month payment. For employees with over eleven years accumulative City employment, the payment shall be $5.00 times the total years of service per month, e.g., $5.00 X 12 years of service = $60.00 per month in payment. Refer to the Memorandum of Agreement for longevity pay for Teamsters Union Local #795 (Transit) positions.

(20) The City Manager may authorize compensation to employees serving in an acting capacity, at the pay range of such position being filled, when such acting capacity is expected to exceed four weeks, or in accordance with approved Memoranda of Agreement with recognized employee organizations.

- 9 - 90

(21) If an employee moves into a new classification because of a reclassification, or if an employee receives a pay range reduction, and if the employee’s pay is more than the maximum pay in the new range, the employee’s pay will be reduced to the maximum for the new pay range, or the employee may, at the discretion of the City Manager, continue to be paid at his/her current rate. Such employees may not receive further merit or cost of living increases until the pay range equals or exceeds the amount paid the employee.

If an employee moves into a higher classification due to a reclassification, and if the employee’s pay falls below the minimum of the new range, the employee’s pay will be increased to the minimum for the new pay range, or the employee may, at the discretion of the City Manager, continue to be paid at his/her current rate for up to six months following the reclassification. b. In addition to the compensation provided for above, there shall be paid to each employee coming within the provisions of the Kansas Workers’ Compensation Act during any period of total disability compensable under said Act for a period not exceeding 90 consecutive calendar days from date of injury, his/her net pay less compensation payments received under the provisions of said Act. c. The City Manager shall certify the classification and compensation of each employee of the City of Wichita, and any change of classification or compensation of any employee. d. The City Manager shall formulate such rules and regulations as shall be necessary to carry out the purposes and intent of this Ordinance, and to establish equitable conditions of employment under the various departments and employees, including all available employee benefits. e. The Human Resources Director shall keep permanent records of the certification of classification and payment as is provided for in this Ordinance. f. The City Manager is authorized to adjust the scheduled pay ranges for specific positions, in an amount not to exceed 10%, to avoid inequities or address compression issues which may arise. In the event the City Manager exercises this authority to adjust the pay ranges, he/she shall make available to the City Council, upon request, information regarding such adjustment, and such adjustments shall be reflected in future general ordinances establishing position classifications and pay rates. g. If the City Manager of the City of Wichita should decide to create a new classification of positions and prescribe payments for such classifications, he/she shall make available a statement of the duties and responsibilities of such classification, together with the proposed compensation for such classification to the City Council upon request. h. The City of Wichita is hereby authorized to withhold from the salaries and wages of its employees such sums as they may designate. i. Any compensation granted as a bonus or one-time payment to an employee in any retirement plan will not be subject to retirement withholding nor will it be included in the final average salary of a retiring employee. j. Nothing in this Section shall be construed in any way to limit the administrative discretion of the City Manager to, within budgetary limits, increase or decrease pay rates of individual positions within the pay ranges prescribed for the position classifications, provided the certification is made to the Human Resources Director as provided herein.

- 10 - 91

SECTION 9. Ordinance No. 49-420 ______is hereby repealed.

SECTION 10. This ordinance shall take effect on December 20, 2013 and be published in the official city newspaper.

ADOPTED at Wichita, Kansas, this 17th day of December.

______Carl Brewer, Mayor

Attest: ______

______Karen Sublett, City Clerk

Approved as to form:

______Gary E. Rebenstorf, Director of Law

- 11 - 92 240100 ORDINANCE NO. 49-634

AN ORDINANCE ESTABLISHING POSITION CLASSIFICATIONS FOR EXEMPT EMPLOYEES OF THE CITY OF WICHITA AND PRESCRIBING PAY RATES BY REFERENCE TO POSITION CLASSIFICATIONS IN THE SCHEDULE OF PAY RANGES REPEALING ORDINANCES NO. 49-419.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF WICHITA:

SECTION 1. The rates of pay for all positions allocated to the classifications below are prescribed according to the following schedule.

Classification Pay Range Numbers Accountant C41 Administration Manager C45/C52 Airport Operations Manager C43 Airport Police and Fire Chief D62 Air Service & Business Development Administrator C45/C52 Assistant City Attorney I C43 Assistant City Attorney II C44/C51 Assistant City Attorney III C45/C52 Assistant City Manager E83 Assistant Department Director D71 – D72 Assistant Golf Professional B32 Assistant Pension Manager C43 Assistant Recreation Supervisor C41 Assistant Tennis Professional B32 Assistant Traffic Engineer C44/C51 Associate Engineer C42 Associate Planner C41 Budget Analyst C42 Budget Officer D62 Buyer C41 Century II Manager C44/C51 Chief Deputy City Attorney D72 Chief Fire Prevention Officer D61 Chief Probation Officer C44/C51 Chief Prosecutor D61 City Arts Manager C44/C51 City Engineer D72 City Treasurer D63 Civil Engineer C43 Communications Specialist C41 Controller D62 Cultural Facility Supervisor C42 Department Director E81 – E83 Deputy Airport Police and Fire Chief C45/C52 Deputy City Attorney D71 Deputy Fire Chief D71 Deputy Police Chief D71 Division Manager D61 – D63 Division Supervisor C43 Engineer C42 Environmental Remediation Administrator C45/C52 Environmental Quality Specialist C43 Environmental Sciences Administrator C44/C51 Environmental Scientist C41 Environmental Services Program Supervisor C44/C51 Environmental Services Specialist C41

193

Event Coordinator C41 Classification Pay Range Numbers Event Facilitator C42 Executive Assistant C41 Fire Battalion Chief D61 Fire Division Chief D63 Fire & Medical Rescue Coordinator C44/C51 Fiscal Analyst C41 General Maintenance Supervisor I C41 – C43 General Maintenance Supervisor II C44/C51 Geologist C44/C51 Golf Professional C42 Housing Manager C45/C52 Human Resources Specialist C41 Inspection Administrator C44/C51 Inspection Supervisor C43 Librarian C41 Library Manager D61 Management Analyst C41 Municipal Court Clerk C44/C51 Museum Manager C44/C51 Museum Specialist I B32 Museum Specialist II C41 Museum Specialist III C43 Museum Specialist C41 Pension Manager C45/C52 Plans Examiner C42 Police Captain D61 Principal Budget Analyst C44/C51 Principal Planner C45/C52 Program Coordinator C44/C51 Program Manager D61 - D62 Program Specialist C41 Public Safety Administrator C44/C51 Purchasing Manager D62 Real Estate Administrator C45/C52 Real Estate Analyst C42 Recreation Manager C45/C52 Recreation Supervisor C43 Risk Management Specialist C43 Risk Manager C45/C52 Safety Coordinator C42 Section Engineer D61 Section Supervisor C41 Security Supervisor C42 Senior Accountant C43 Senior Budget Analyst C43 Senior Buyer C43 Senior Communications Specialist C44/C51 Senior Division Manager D71 Senior Engineer C45/C52 Senior Environmental Scientist C43 Senior Fiscal Analyst C43 Senior Housing Specialist C43 Senior Human Resources Specialist C44/C51 Senior Librarian C44/C51 Senior Management Analyst C44/C51 Senior Planner C43 Senior Plans Examiner C45/C52 Senior Program Specialist C43

294

Senior Safety Coordinator C43 Classification Pay Range Numbers Senior Systems Analyst C45/C52 Special Projects Coordinator C44/C51 Special Projects Engineer C45/C52 Support Supervisor B32 Systems Analyst II C42 Systems Analyst III C43 Systems Analyst IV C44/C51 Tennis Professional C42 Transportation Development Coordinator C43

SECTION 2. Ordinance No. 49-419 is hereby repealed.

SECTION 3. This ordinance shall take effect upon publication in the official city newspaper.

ADOPTED at Wichita, Kansas, this 17th day of December.

______Carl Brewer, Mayor

Attest: ______Karen Sublett, City Clerk

Approved as to form:

______Gary E. Rebenstorf, Director of Law

395

Exempt & Management 240100

ORDINANCE NO. 49-635

AN ORDINANCE PROVIDING FOR A UNIFORM SCHEDULE OF STANDARD PAY RANGES FOR EXEMPT EMPLOYEES OF THE CITY OF WICHITA, REPEALING ORDINANCE NO 49-418.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF WICHITA:

SALARY RANGES

SECTION 1. The following pay rates are established for the Exempt & Management Pay Plan. Salaries are expressed in minimum and maximum annual rates.

2014 Salary Ranges Effective December 21, 2013 – December 19, 2014

Minimum Maximum B32 $33,877 $58,154 C41 $38,069 $67,687 C42 $41,970 $74,620 C43 $45,868 $81,554 C44/C51 $49,737 $91,481 C45/C52 $58,117 $102,036 D61 $61,893 $112,288 D62 $65,819 $119,409 D63 $69,744 $126,531 D71 $73,224 $137,128 D72 $79,004 $147,953 E81 $82,244 $158,834 E82 $86,021 $166,128 E83 $89,799 $173,423

SECTION 2. Other Provisions a. Unless otherwise indicated in the schedule contained in Section 1 above, the pay ranges enumerated in said Sections shall constitute the total pay received by employees, subject to the following exceptions:

(1) Police Captains shall be allowed up to a maximum of $700.00 in department credit or vouchers for replacement of uniforms and/or civilian attire in accordance with departmental policy. This provision does not apply to Deputy Police Chiefs or the Police Chief, or to civilianized positions that are not required to be in uniform.

(2) Fire Battalion Chiefs and Fire Division Chiefs who are required to wear uniforms while on duty shall be allowed up to a maximum of and $650.00.This provision will not apply to Deputy Fire Chiefs or the Fire Chief.

(3) Uniforms may be prescribed for employees in positions whose duties bring them in frequent contact with the public. Department directors may acquire, with approval of the City Manager, uniforms within budgeted amounts.

(4) The City Manager may approve an annual uniform allowance or credit vouchers up to a maximum of $125.00 for other noncommissioned City employees required to wear a standardized uniform in the performance of their assigned duties. The allowance will vary depending upon the actual costs of replacing different kinds of uniforms and departmental policy. The City Manager shall determine

96 1

which positions will require such uniforms and may revise and amend such determination at his/her discretion.

(5) Police Captains who have received a degree from a four-year college or university will receive $110.00 per month for a bachelor’s degree or $135.00 per month for a master’s degree. The degree must be in Administration of Justice, a related field, or be approved by the Department Director and the City Manager. These employees are not eligible for the Tuition Reimbursement Program. This provision does not apply to the Deputy Police Chiefs or the Police Chief.

(6) Police Captains who are assigned to duty requiring regular and frequent aerial flights shall be entitled to Hazardous Duty pay not to exceed $60.00 per payday for each month in which at least twenty (20) flight hours are logged, under a special allowance program promulgated and administered by the City Manager, which program may be revised and amended at his/her discretion. Police Department personnel, who are certified/trained and assigned to bomb duty, clandestine labs, and canine and SWAT duty, shall be compensated in addition to their regular pay, $60.00 per pay period. This provision does not apply to Deputy Police Chiefs or the Police Chief.

(7) Fire Battalion Chiefs and Fire Division Chiefs shall receive education pay of $25.00 per month for an associate’s degree, or $50.00 per month for a bachelor’s degree or $75.00 per month for a master’s degree in Fire Science, from a college or university accredited by an agency recognized by the Kansas Board of Regents and certified as eligible by the Human Resources Department. These employees are not eligible for the Tuition Reimbursement Program. This provision does not apply to the Deputy Fire Chiefs or the Fire Chief.

(8) Fire Battalion Chiefs who are certified as, and members of, the team assigned to Arson Investigation, Haz-Mat or Technical Rescue, will receive an additional $35.00 per pay period. An employee may receive only one category of Special Duty Pay.

(9) Airport Safety Personnel, and, if not commissioned, the incumbent of the Fire and Medical Rescue Coordinator will receive $35.00 per pay period in addition to their base pay upon satisfactory completion of an accredited Emergency Medical Technician course.

(10) Allowance for travel expenses or for the use of personally owned vehicles may be made by the City Manager; and such other expenses incurred in, and as part of, official City business as shall be authorized and approved by the City Manager.

Any subsistence furnished employees shall be deducted from the gross pay in the amount of the equivalent cash value as determined by the City Manager.

(11) In recognition of long and faithful service, the City Manager may approve longevity pay for certain employees in addition to other remuneration received. Such payments may commence upon the completion of six years total accumulative municipal employment, and continue each year thereafter so long as an employee shall remain in the active service of the City. The payment shall be an amount not to exceed $2.00 times the total years of service, per month, e.g., (2.00 X 10 years of service = $20.00 per month payment.) For employees with over eleven years accumulative municipal employment, the payment shall be $5.00 times the total years of service per month, e.g. ($5.00 X 12 years of service = $60.00 per month in payment.)

(12) At the discretion of the City Manager, the maximum of a pay range may be exceeded by not more than 10% for a specified period of time to compensate any Department Director if broader or higher level administrative responsibility is regularly assigned to that position.

(13) The City Manager may authorize compensation to employees serving in an acting capacity, at the pay range of such position being filled, when such acting capacity is expected to exceed four weeks.

97 2

(14) The compensation for Tennis Professional will include, in addition to base salary from its stated salary range, performance incentives calculated and tied into the month-end revenues generated at the tennis facility from all sources, including tennis lessons. The percentages will increase as these accumulated revenues increase throughout the year. The monthly calculation percentage is based on the revenue table shown below. (“Private Lessons” and “Group Lessons” refer to lessons taught by the Tennis Professional. “Other Lessons” refer to lessons taught by other instructors.)

Tennis Center Total Up to $40,000.01 $90,000.01 Over Revenue $40,000 to $90,000 to $140,000 $140,000

Private Lessons 30% 40% 50% 60% Group Lessons 20% 20% 30% 30% Leagues 10% 10% 20% 20% Tournaments 10% 10% 20% 20% Other Lessons 5% 5% 10% 10% Special/Social Events 10% 10% 20% 20%

(15) If an employee moves into a new classification due to a reclassification, or if an employee receives a pay range reduction, and if the employee’s pay is more than the maximum pay in the new range, the employee’s pay will be reduced to the maximum for the new pay range, or the employee may, at the discretion of the City Manager, continue to be paid at his/her current rate. Such employees may not receive further merit or cost of living increases until the pay range equals or exceeds the amount paid to the employee.

If an employee moves into a higher classification due to a reclassification, and if the employee’s pay falls below the minimum of the new range, the employee’s pay will be increased to the minimum for the new pay range, or the employee may, at the discretion of the City Manager, continue to be paid at his/her current rate for up to six months following the reclassification. b. In addition to the compensation provided for above, there shall be paid to each employee coming within the provisions of the Kansas Workers’ Compensation Act during any period of total disability compensable under said Act for a period not exceeding 90 consecutive calendar days from date of injury, his/her net pay less compensation payments received under the provisions of said Act. c. Municipal Court Judges will receive a 1.5% general pay adjustment. Upon completion of their annual evaluation by the City Council in 2014, the judges may be eligible for an additional wage (merit) increase to be determined by the City Council at that time. d. The City Manager shall certify the classification and compensation of each employee of the City of Wichita, and any change of classification or compensation of any employee. e. The City Manager shall formulate such rules and regulations as shall be necessary to carry out the purposes and intent of this Ordinance, and to establish equitable conditions of employment under the various departments and employees, including all available employee benefits. f. The Human Resources Director shall keep permanent records of the certification of classification and payment as is provided for in this Ordinance. g. The City Manager is authorized to adjust the scheduled pay ranges for specific positions, in an amount not to exceed 10%, to avoid inequities or address compression issues which may arise. In the event the City Manager exercises this authority to adjust the pay ranges, he/she shall make available to the City Council, upon request, information regarding such adjustment, and such adjustments shall be reflected in future general ordinances establishing position classifications and pay rates. h. If the City Manager of the City of Wichita should decide to create a new classification of positions and prescribe payments for such classifications, he/she shall make available a statement of the duties and

98 3

responsibilities of such classification, together with the proposed compensation for such classification to the City Council upon request. i. The City of Wichita is hereby authorized to withhold from the salaries and wages of its employees such sums as they may designate. j. The City Manager is authorized to establish pay plans for employees who are exempt from the provisions of the Fair Labor Standards Act. The City Manager shall determine the actual pay for each position within the minimum and maximum pay levels for the position. k. Any compensation granted as a bonus or one-time payment to an employee in any retirement plan will not be subject to retirement withholding nor will it be included in the final average salary of a retiring employee. k. Nothing in this Section shall be construed in any way to limit the administrative discretion of the City Manager to, within budgetary limits, increase or decrease pay rates of individual positions within the pay ranges prescribed for the position classifications, provided the certification is made to the Human Resources Director as provided herein.

SECTION 4. A listing of the position classifications and their pay ranges, as reflected in the current salary ordinance, is provided by appendix to this Section.

SECTION 5. Ordinance No. 49-418 is hereby repealed.

SECTION 6. This ordinance shall take effect on December 20, 2013, and be published in the official city newspaper.

ADOPTED at Wichita, Kansas, this 17th day of December.

______Carl Brewer, Mayor

Attest: ______

______Karen Sublett, City Clerk

Approved as to form:

______Gary E. Rebenstorf, Director of Law and City Attorney

99 4 ORDINANCE NO. ______

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF WICHITA:

SECTION 1. The rates of pay for all positions allocated to the classifications below are prescribed according to the following schedule.

Classification Pay Range Numbers Accountant C41 Administration Manager C45/C52 Airport Operations Manager C43 Airport Police and Fire Chief D62 Air Service & Business Development Administrator C45/C52 Assistant City Attorney I C43 Assistant City Attorney II C44/C51 Assistant City Attorney III C45/C52 Assistant City Manager E83 Assistant Department Director D71 – D72 Assistant Golf Professional B32 Assistant Pension Manager C43 Assistant Recreation Supervisor C41 Assistant Tennis Professional B32 Assistant Traffic Engineer C44/C51 Associate Engineer C42 Associate Planner C41 Budget Analyst C42 Budget Officer D62 Buyer C41 Century II Manager C44/C51 Chief, Airport Public Safety D62 Chief Deputy City Attorney D72 Chief Fire Prevention Officer D61 Chief Probation Officer C44/C51 Chief Prosecutor D61 City Arts Manager C44/C51 City Engineer D72 City Treasurer D63 Civil Engineer C43 Communications Specialist C41 Controller D62 Cultural Facility Supervisor C42 Department Director E81 – E83 Deputy Airport Police and Fire Chief C45/C52 Deputy City Attorney D71 Deputy Fire Chief D71 Deputy Police Chief D71 Division Manager D61 – D63 Division Supervisor C43 Engineer C42 Environmental Remediation Administrator C45/C52 Environmental Quality Specialist C43 Environmental Sciences Administrator C44/C51 Environmental Scientist C41 Environmental Services Program Supervisor C44/C51 Environmental Services Specialist C41

1100

Classification Pay Range Numbers Event Coordinator C41 Event Facilitator C42 Executive Assistant C41 Fire Battalion Chief D61 Fire Division Chief D63 Fire & Medical Rescue Coordinator C44/C51 Fiscal Analyst C41 General Maintenance Supervisor I C41 – C43 General Maintenance Supervisor II C44/C51 Geologist C44/C51 Golf Professional C42 Housing Manager C45/C52 Human Resources Specialist C41 Inspection Administrator C44/C51 Inspection Supervisor C43 Librarian C41 Library Manager D61 Management Analyst C41 Municipal Court Clerk C44/C51 Museum Manager C44/C51 Museum Specialist I B32 Museum Specialist II C41 Museum Specialist III C43 Museum Specialist C41 Pension Manager C45/C52 Plans Examiner C42 Police Captain D61 Principal Budget Analyst C44/C51 Principal Planner C45/C52 Program Coordinator C44/C51 Program Manager D61 - D62 Program Specialist C41 Public Safety Administrator C44/C51 Purchasing Manager D62 Real Estate Administrator C45/C52 Real Estate Analyst C42 Recreation Manager C45/C52 Recreation Supervisor C43 Risk Management Specialist C43 Risk Manager C45/C52 Safety Coordinator C42 Section Engineer D61 Section Supervisor C41 Security Supervisor C42 Senior Accountant C43 Senior Budget Analyst C43 Senior Buyer C43 Senior Communications Specialist C44/C51 Senior Division Manager D71 Senior Engineer C45/C52 Senior Environmental Scientist C43 Senior Fiscal Analyst C43 Senior Housing Specialist C43 Senior Human Resources Specialist C44/C51 Senior Librarian C44/C51 Senior Management Analyst C44/C51 Senior Planner C43 Senior Plans Examiner C45/C52 Senior Program Specialist C43

2101

Classification Pay Range Numbers Senior Safety Coordinator C43 Senior Systems Analyst C45/C52 Special Projects Coordinator C44/C51 Special Projects Engineer C45/C52 Support Supervisor B32 Systems Analyst II C42 Systems Analyst III C43 Systems Analyst IV C44/C51 Tennis Professional C42 Transportation Development Coordinator C43

SECTION 2. Ordinance No. 49-419 is hereby repealed.

SECTION 3. This ordinance shall take effect upon publication in the official city newspaper.

ADOPTED at Wichita, Kansas, this ______day of ______

______Carl Brewer, Mayor

Attest: ______Karen Sublett, City Clerk

Approved as to form:

______Gary E. Rebenstorf, Director of Law

3102

ORDINANCE NO. ______

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF WICHITA:

SECTION 1. The rates of pay for all positions allocated to the titles below are prescribed according to the following schedule.

Child Development Specialist 927 Clerical Aide 609 Clerk I 613 Clerk II 615 Clerk III 617 Combination Inspector 627 Combination Neighborhood Inspector 627 Community Health Nurse I 927 Community Health Nurse II 929 Construction Inspector I 623 1 103

Class Title Pay Range Number Construction Inspector II 625 Crime Scene Investigator 714 Crime Scene Supervisor 626630 Custodial Guard 615 Custodial Supervisor 621 Custodial Worker I 615 Custodial Worker II 617 Customer Clerk 412 Customer Clerk Aide 405 Customer Service Clerk I 617 Customer Service Clerk II 619

Department Intern 612 Deputy City Clerk 927 Digital Evidence Technician 625 Docket Clerk 618

Electrical and Elevator Inspector II 625 Electrical and Elevator Inspector III 627 Electrical Inspector 623 Electrical Technician 627 Electrician I 621 Electrician II 623 Electronics Technician I 623 Electronics Technician II 625 Electronics Technician III 627 Elevator Inspector 623 Employment Specialist 925 Engineering Aide I 618 Engineering Aide II 620 Engineering Aide III 623 Engineering Technician I 624 Engineering Technician II 626 Environmental Inspector 410 Equipment Operator I 617 Equipment Operator II 619 Equipment Operator III 620 Event Worker I 615 Event Worker II 617

Family Development Specialist 925 Field Supervisor 625 Field Worker I 406 Field Worker II 414 Fire Captain 893 or 827 Fire Equipment Shop Supervisor 624 626 Fire Fighter 891 or 822 Fire Investigator I 892 or 824 Fire Investigator II 893 or 827 Fire Lieutenant 892 or 824 Fire Medical Training Officer 893 or 827 Fire Prevention Inspector I 892 or 824 Fire Prevention Inspector II 893 or 827 Fire Prevention Training Instructor I 892 or 824 Fire Prevention Training Instructor II 893 or 827 Fire Protection Systems Specialist 893 or 827 Fire Recruit 821 Fire Training Instructor 893 or 827 2 104

Class Title Pay Range Number Fiscal Specialist 925 Forensic Examiner 929

Gardener I 617 Gardener II 618 Gardening Supervisor I 619 Gardening Supervisor II 621 General Supervisor I 623 General Supervisor II 624 Greenskeeper 617 Grounds Maintenance Supervisor 621 Guard 617

Head Lifeguard 412 Heating and Air Conditioning Mechanic 623 Helicopter Mechanic 627 Housing Specialist 925

Information Systems Coordinator 926 Inspector 622 Instructor I 415 Instructor II 417 Irrigation System Supervisor 623

Neighborhood Inspector I 623 Neighborhood Inspector II 625 Neighborhood Inspector III 626

Office Aide I 406 Office Aide II 409 Operations Supervisor I 623 3 105

Class Title Pay Range Number Operations Supervisor II 624 Outreach Worker 613

Parts Clerk 622 Photographer 619 Photo Technician 617 Planning Aide 623 Planning Analyst 927 Plant Operator 622 Plumber 623 Plumbing and Mechanical Inspector II 625 Plumbing and Mechanical Inspector III 627 Plumbing Inspector 623 Police Detective 724 Police Lieutenant 727 Police Officer 723 Police Recruit 722 Police Sergeant 725 Preparator 623 Probation Officer 625 Property Clerk 621 Public Health Sanitarian I 625

4 106

Van Driver 314

Warrant Officer 712 Water Line Technician 620 Water Meter Reader 619 Water Utility Worker 618 Worker I 405 Worker II 409

*As stated in the Non-exempt Salary Ordinance, Sports Officials are paid based on the sport involved and/or the qualifications/certifications of the individual. No range is stated.

SECTION 2. Ordinance No. 49-421 is hereby repealed.

SECTION 3. This ordinance shall take effect on December 21, 2013 and be published in the official city newspaper.

ADOPTED at Wichita, Kansas, this ______day of ______

______Carl Brewer, Mayor

Attest: ______

______Karen Sublett, City Clerk

Approved as to form:

______Gary E. Rebenstorf, Director of Law

5 107

Agenda Item No. IV-8

City of Wichita City Council Meeting December 10, 2013

TO: Mayor and City Council

SUBJECT: 2014 Performance Contracts for Cultural Funding (All Districts)

INITIATED BY: Division of Arts & Cultural Services

AGENDA: New Business ______

Recommendation: It is recommended that the City Council approve 17 Performance Contracts for Fiscal Year (FY) 2014 Cultural Funding.

Background: In 2005, the City Council approved the formation of the Cultural Funding Committee (CFC) consisting of 11 members. The City Council appointed seven members. The Arts Council appointed four members. The committee consists of representatives from government, education, business, philanthropy, arts organizations and the public at large. The committee was assigned the responsibility to make recommendations to the City Council on the allocation of funding for operational grants for arts and cultural organizations.

At the end of 2012, a committee comprised of the two City Council members who serve as ex-officio members on the Arts Council, the current chair of the Arts Council, the City Manager, the current chair of the Cultural Funding Committee, a representative from the Division of Arts & Cultural Services, Finance and the Law Department met to discuss the expiration of the current Operating Agreements with the Group One organizations. As the committee met, many issues arose and it became more clear that further discussion pertaining to facility maintenance, emerging art groups, ADA requirements, collection ownership, City staff, insurance as well as other issues needed to be addressed. To address these issues, the 2008 Cultural Arts Plan was updated.

On February 6, 2013, an agenda went to the City Council who approved the committee to review the 2008 plan to achieve clarity and transparency for an organization’s facility operations and maintenance budgets. The review committee asked the local arts community for input regarding recommended changes to the 2008 plan.

On July 16, 2013, the Wichita City Council approved the update to the 2008 plan. Notable changes in the plan included: • Change in the definition of an arts and cultural organization resulting in the elimination of zoological and botanical organizations. This change made the Sedgwick County Zoological Society ineligible for a Cultural Funding application. • The placement of Botanica under the management of the City’s Park and Recreation Department, eliminating the need for Botanica to apply for Cultural Funding and the need to negotiate an Operating Partnership agreement. • Redefining “Group One” organizations to “Cultural Institutions” which are defined as organizations which have operations and activities in facilities that are owned and/or operated by the City of Wichita and which have annual revenues in excess of $50,000 for at least two preceding years.

108

• The creation of three (3) separate grant categories; Cultural Funding grants which are open to application from 501(C)(3) organizations in Wichita; Developing Arts Grants open to 501(C)(3) organizations with annual operating budgets less than $50,000 for technical assistance in development; and Artist Access grants given to professional and emerging artists for professional development. • Cultural Funding grant applications are grouped by the size of the applying organization’s annual operating budget so like-sized organizations compete against like-sized organizations.

The CFC completed its review and scoring of the applications for Fiscal Year (FY) 2014 in April 2013. However, as a result of the changes to the Cultural Arts Plan and the desire of the City Council to institute the changes to the funding process for the FY 2014 funding cycle, the CFC’s initial recommendations in the amount of $567,976 were adjusted to reflect the changes made to the Cultural Arts Plan including the elimination of funding for the Sedgwick County Zoological Society and the internal move of Botanica, Inc. to the Department of Parks and Recreation. It also addressed the change in the estimated value of the mill, based on county valuation estimates provided in June. These adjustments resulted in $427,151 allocated to 17 arts and cultural organizations.

Analysis: The final 17 Performance Contracts ensure the City reviews funding for arts organizations with a fair and equitable process and provides accountability through performance measures. These contracts allow for audits of the usage of City funding and require a demonstration of meeting the excellence criteria developed. Funding recommendations approved as part of the FY2014 budget are below:

2013 Pass 2014 Revised Organization Name Allocated Fail Allocations Group 1 with Operating Agreement Historical Museum $146,446.64 Pass $155,609 The Wichita Art Museum, Inc. $1,652,524.30 Pass $1,672,406 Mid-America All-Indian Center $170,028.85 Pass $172,654 Cowtown $252,839.25 Pass $836,250 CityArts $670,792 Kansas Aviation Museum $31,956 Museum of World Treasures $22,105 Total Group One Operating Amount $2,532,215.04 $3,561,772 2013 Final 2014 Revised Organization Name Allocated Score Allocations Does Not Arts Council** $6,431.00 Apply $6,340 Did not Mid-America All-Indian Museum $6,000.00 apply did not apply 90.65 Exploration Place $37,000.00 $73,940 Music Theatre of Wichita $75,000.00 88.60 $76,602 Wichita Symphony $54,000.00 88.00 $76,587 Arts Partners $42,500.00 85.80 $49,403 Wichita Public Library Foundation $40,000.00 81.23 $41,912 WSU Foundation (Ulrich Museum) $38,226.60 80.94 $32,046 Tallgrass Film Festival $20,000.00 80.44 $1,479 Wichita Community Theater Did not apply 76.65 $3,451 Wichita Children's Theatre $26,000.00 76.05 $17,135 Chamber Music at the Barn $10,000.00 75.25 $9,229

109

Orpheum Performing Arts Center, Ltd $25,000.00 72.61 $21,978 Friends of the Great Plains Nature 72.61 Center Did not apply $8,669 Wichita Chamber Chorale Did not apply 71.75 $3,943 Griot's Storytelling Institute $0.00 69.56 $1,479 Lyric Opera (Formerly Opera Kansas) $3,000.00 69.10 $1,479 The Kansas African American Museum Did not apply 67.44 $1,479 Total supplemental recommended for all organizations (26 organizations) $485,157.60 $427,151 Total Amount to Allocate after

reduction $3,017,372.64 $3,988,923

** Arts Council does not apply for funding. The amount allocated is to provide necessary administrative funding support for the Cultural Funding committee which is a sub-committee of the Arts Council. The amount allocated has remained the same since 2006. During the FY2013 review, the CFC decided the Arts Council should not submit an application for funding.

Financial Consideration: The recommended funding amounts are included in the City of Wichita 2014 Adopted Budget.

Legal Consideration: The Law Department has prepared and approved as to form the contracts.

Recommendations/Actions: It is recommended that City Council approve 17 Performance Contracts for Cultural Funding for Fiscal Year (FY) 2014.

Attachments: 17 Performance Contracts

110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 Wichita, Kansas December 9, 2013 10:00 a.m., Monday Conference Room, 12th Floor

MINUTES - BOARD OF BIDS AND CONTRACTS*

The Board of Bids and Contracts met with Martha Strayer, Administrative Assistant, Public Works Engineering in the Chair; Fanny Chan, Senior Accountant, Finance, representing the Director of Finance, Elizabeth Goltry Wadel, Budget Analyst, Budget Office, Clarence Rose, Senior Buyer, representing Purchasing, Eoghan Miller, Management Fellow, representing the City Manager’s Office, and Karen Sublett, City Clerk, present.

Minutes of the regular meeting dated December 2, 2013 were read and on motion approved.

Bids were opened December 6, 2013, pursuant to advertisements published on:

37th, Broadway to Hydraulic 87N-0567-01/472-84692.

Defer one week

Lateral 130, Sanitary Sewer No. 23, Anderson Acres Addition 468-84761 (744325).

B-2 Excavating - $51,524.89

Storm Water Drain No. 347, Woods North 3rd Addition, 468-84488 (751514).

Unruh Excavation - $339,892.34

Lateral 136, Westlink Sewer 468-84883 (744349), SWD #388 468-84884 (751515) Huntington Park Addition.

McCullough Excavation - $16,100.00 Group 1 $51,050.00 Group 2 $67,150.00 Bid Total

U-Needa Self Storage Sewer (2120 N. Hoover Road) 468-84873 (744346).

Reject Bids

The Purchasing Manager recommended that the contract be awarded/deferred as outlined above, subject to check, same being the lowest and best bid within the Engineer’s construction estimate.

On motion the Board recommended that the contracts be awarded/deferred as outlined above, subject to check, same being the lowest and best bid within the Engineer’s construction estimate.

CITY MANAGER’S OFFICE – CULTURAL ARTS DIVISION: Assistive Listening System.

Audio Visual Specialist LLC - $35,632.74* *2% - 20/Net 30

1 248 PUBLIC WORKS & UTILITIES DEPARTMENT/FLEET & FACILITIES DIVISION: 4 Axle Heavy Haul Tractor GVWR 144,900.

Roberts Truck Center LTD - $164,550.00 Base Bid ($35,550.00) Option 1 – Deduct Included Option 2

PUBLIC WORKS & UTILITIES DEPARTMENT/FLEET & FACILITIES DIVISION: 20,000 GVW Step Van/58,000 GVWR Dump Truck.

Omaha Truck Center d/b/a Kansas Truck Center $101,557.00 Group 1-Base Bid Included Group 1, Option 1 ($3,500.00) Group 1, Option 2-Deduct $2,040.00 Group 1, Option 3 $3,998.00 Group 1, Option 4 $102,265.00 Group 2 -Base Bid $768.00 Group 2, Option 2 $13,671.00 Group 2, Option 3 $15,422.00 Group 2, Option 4 Roberts Truck Center LTD $121,875.00* Group 3, Base Bid ($35,000.00) Group 3, Option –Deduct $550.00* Group 3, Option 2 $200.00* Group 3, Option 4 Included* Group 3, Option 5 *Award One Additional Unit-Base Bid with Options 2, 4, & 5 at Same Unit Cost

PUBLIC WORKS & UTILITIES DEPARTMENT/FLEET & FACILITIES DIVISION: High Pressure Sewer Cleaners.

Peterbilt of Springfield Inc d/b/a Truck Component Services $329,212.00 Group 1 – Base Bid $1,609.54 Group 1, Option 2 $508.00 Group 1, Option 3 Included Group 1, Option 4 $3,832.00 Group 1, Option 5 Included Group 1, Option 6 $1,540.00 Group 1, Option 7 Key Equipment & Supply Company $256,890.00 Group 2 Base Bid $456.00 Group 2, Option 1 Included Group 2, Option 2 ($22,500.00) Group 2, Option 3-Deduct Included Group 2, Option 5

PUBLIC WORKS & UTILITIES DEPARTMENT/WATER SEWAGE TREATMENT DIVISION: Replace Chiller O&M Building.

Kruse Corporation - $36,175.00

PUBLIC WORKS & UTILITIES DEPARTMENT/FLEET & FACILITIES DIVISION: Slip-In Pump Tank Units.

ED M. Feld Equipment Co. - $55,996.00 Base Bid

2 249 POLICE DEPARTMENT, PUBLIC WORKS & UTILITIES, AIRPORT AND TRANSIT: Motorola Flash Kits for Radios to be compatible with Sedgwick County 911 Upgraded System.

Motorola Solutions* $73,219.00

*Purchases Utilizing Government Entities Contracts Cooperative Contracts and Agreement. Ordinance No. 38-122 Section 2. 64.020 (j).

The Purchasing Division recommended that the contracts be awarded as outlined above, same being the lowest and best bid.

On motion the Board of Bids recommended that the contracts be awarded as outlined above, same being the lowest and best bid.

On motion the Board of Bids adjourned.

______Martha Strayer, Administrative Assistant, Department of Public Works ______Karen Sublett City Clerk

3 250 Agenda Item No. II-4a

City of Wichita City Council Meeting December 10, 2013

TO: Mayor and City Council

SUBJECT: Improvements to Clear Creek Addition (District II)

INITIATED BY: Department of Public Works & Utilities

AGENDA: Consent

------Recommendation: Approve the petitions and adopt the resolutions.

Background: The signatures on the petitions represent 100% of the improvement district and the petitions are valid per Kansas Statute.

Analysis: The projects will provide paving of Morris Street and Spring Hollow Drive, a water distribution system, and sanitary sewer improvements required for a new residential development located south of Kellogg, west of 143rd Street East.

Financial Considerations: The petition and resolution amounts are as follows: $199,000 for paving, $89,000 for sanitary sewer, and $45,000 for water. The water petition also includes a main benefit fee assessment of $6,101. The funding source for all three projects is special assessments.

Legal Considerations: The petitions and resolutions have been reviewed and approved as to form by the Law Department.

Recommendations/Actions: It is recommended that the City Council approve the petitions, adopt the resolutions, and authorize the necessary signatures.

Attachments: Map, budget sheets, petitions, and resolutions.

1 251 132019

First Published in the Wichita Eagle on December 13, 2013

RESOLUTION NO. 13-245

RESOLUTION OF FINDINGS OF ADVISABILITY AND RESOLUTION AUTHORIZING CONSTRUCTING PAVEMENT ON MORRIS FROM THE SOUTHWEST PROPERTY LINE OF LOT 24, BLOCK 9 CLEAR CREEK ADDITION TO MORRIS CIRCLE; SPRING HOLLOW DRIVE FROM THE NORTH PROPERTY LINE OF LOT 1, BLOCK 9 CLEAR CREEK ADDITION TO MORRIS CIRCLE (SOUTH OF KELLOGG, WEST OF 143RD ST. EAST) 472-85132 IN THE CITY OF WICHITA, KANSAS, PURSUANT TO FINDINGS OF ADVISABILITY MADE BY THE GOVERNING BODY OF THE CITY OF WICHITA, KANSAS.

BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF WICHITA, KANSAS, THAT THE FOLLOWING FINDINGS AS TO THE ADVISABILITY OF AUTHORIZING CONSTRUCTING PAVEMENT ON MORRIS FROM THE SOUTHWEST PROPERTY LINE OF LOT 24, BLOCK 9 CLEAR CREEK ADDITION TO MORRIS CIRCLE; SPRING HOLLOW DRIVE FROM THE NORTH PROPERTY LINE OF LOT 1, BLOCK 9 CLEAR CREEK ADDITION TO MORRIS CIRCLE (SOUTH OF KELLOGG, WEST OF 143RD ST. EAST) 472-85132 IN THE CITY OF WICHITA, KANSAS, ARE HEREBY MADE TO-WIT:

SECTION 1. That it is necessary and in the public interest to construct pavement on Morris from the southwest property line of Lot 24, Block 9 Clear Creek Addition to Morris Circle; Spring Hollow Drive from the north property line of Lot 1, Block 9 Clear Creek Addition to Morris Circle (south of Kellogg, west of 143rd St. East) 472-85132.

Said pavement shall be constructed of the material in accordance with plans and specifications provided by the City Engineer.

SECTION 2. That the cost of said improvements provided for in Section 1 hereof is estimated to be One Hundred Ninety-Nine Thousand Dollars ($199,000) exclusive of the cost of interest on borrowed money, with 100 percent payable by the improvement district. Said estimated cost as above set forth is hereby increased at the pro-rata rate of 1 percent per month from and after October 1, 2013 exclusive of the costs of temporary financing.

SECTION 3. That all costs of said improvements attributable to the improvement district, when ascertained, shall be assessed against the land lying within the improvement district described as follows:

CLEAR CREEK ADDITION Lots 29 through 34, Block 3 Lots 25 through 33, Block 9

SECTION 4. That the method of apportioning all costs of said improvements attributable to the improvement district to the owners of land liable for assessment therefore shall be on a fractional basis.

That the following lots shall each pay 1/15 of the total cost of the improvement district:

CLEAR CREEK ADDITION Lots 29 through 34, Block 3 Lots 25 through 33, Block 9

1 252 Where the ownership of a single lot or tract is or may be divided into two or more parcels, the assessment to the lot or tract so divided shall be assessed to each ownership or parcel on a square foot basis. Except when driveways are requested to serve a particular tract, lot, or parcel, the cost of said driveway shall be in addition to the assessment to said tract, lot, or parcel and shall be in addition to the assessment for other improvements.

SECTION 5. That payment of said assessments may indefinitely be deferred as against those property owners eligible for such deferral available through the Special Assessment Deferral Program.

SECTION 6. That the City Engineer shall prepare plans and specifications for said improvement and a preliminary estimate of cost therefore, which plans, specifications, and a preliminary estimate of cost shall be presented to this Body for its approval.

SECTION 7. Whereas, the Governing Body of the City, upon examination thereof, considered, found and determined the Petition to be sufficient, having been signed by the owners of record, whether resident or not, of more than Fifty Percent (50%) of the property liable for assessment for the costs of the improvement requested thereby; the advisability of the improvements set forth above is hereby established as authorized by K.S.A. 1980 Supp. 12-6a01 et seq.

SECTION 8. Be it further resolved that the above described improvement is hereby authorized and declared to be necessary in accordance with the findings of the Governing Body as set out in this resolution.

SECTION 9. That the City Clerk shall make proper publication of this resolution, which shall be published once in the official City paper and which shall be effective from and after said publication.

PASSED by the governing body of the City of Wichita, Kansas this 10th day of

December 2013.

CARL BREWER, MAYOR ATTEST:

____ KAREN SUBLETT, CITY CLERK

(SEAL)

APPROVED AS TO FORM:

______GARY E. REBENSTORF DIRECTOR OF LAW

2532

132019 First Published in the Wichita Eagle on December 13, 2013

RESOLUTION NO. 13-246

RESOLUTION OF FINDINGS OF ADVISABILITY AND RESOLUTION AUTHORIZING CONSTRUCTION OF LATERAL 440, FOUR MILE CREEK SEWER (SOUTH OF KELLOGG, WEST OF 143RD STREET EAST) 468-84923 IN THE CITY OF WICHITA, KANSAS, PURSUANT TO FINDINGS OF ADVISABILITY MADE BY THE GOVERNING BODY OF THE CITY OF WICHITA, KANSAS.

BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF WICHITA, KANSAS, THAT THE FOLLOWING FINDINGS AS TO THE ADVISABILITY OF THE CONSTRUCTION OF LATERAL 440, FOUR MILE CREEK SEWER (SOUTH OF KELLOGG, WEST OF 143RD STREET EAST) 468-84923 IN THE CITY OF WICHITA, KANSAS, ARE HEREBY MADE TO- WIT:

SECTION 1. That it is necessary and in the public interest to construct Lateral 440, Four Mile Creek Sewer (south of Kellogg, east of 143rd Street East) 468-84923.

Said sanitary sewer shall be constructed of the material in accordance with plans and specifications provided by the City Engineer.

SECTION 2. That the cost of said improvements provided for in Section 1 hereof is estimated to be Eighty-Nine Thousand Dollars ($89,000) exclusive of the cost of interest on borrowed money, with 100 percent payable by the improvement district. Said estimated cost as above set forth is hereby increased at the pro-rata rate of 1 percent per month from and after October 1, 2013, exclusive of the costs of temporary financing.

CLERAR CREEK ADDITION Lots 29 through 34, Block 3 Lots 1 through 6, Block 9 Lots 25 through 33, Block 9

That the following described lots shall each pay 1/21 of the total cost payable by the improvement district:

CLERAR CREEK ADDITION Lots 29 through 34, Block 3 Lots 1 through 6, Block 9 Lots 25 through 33, Block 9

Where the ownership of a single lot is or may be divided into two or more parcels, the assessment to the lot so divided shall be assessed to each ownership or parcel on a square foot basis.

SECTION 5. That payment of said assessments may indefinitely be deferred as against those property owners eligible for such deferral available through the Special Assessment Deferral Program.

2543

SECTION 6 That the City Engineer shall prepare plans and specifications for said improvement and a preliminary estimate of cost therefore, which plans, specifications, and a preliminary estimate of cost shall be presented to this Body for its approval.

SECTION 9. That the City Clerk shall make proper publication of this resolution, which shall be published once in the official City paper and which shall be effective from and after said publication.

PASSED by the governing body of the City of Wichita, Kansas, this 10th day of December, 2013.

______CARL BREWER, MAYOR

ATTEST:

______KAREN SUBLETT, CITY CLERK

(SEAL)

APPROVED AS TO FORM:

______GARY E. REBENSTORF DIRECTOR OF LAW

2554

132019 First Published in the Wichita Eagle on December 13, 2013

RESOLUTION NO. 13-247

RESOLUTION OF FINDINGS OF ADVISABILITY AND RESOLUTION AUTHORIZING THE IMPROVEMENT OF WATER DISTRIBUTION SYSTEM NUMBER 448-90620 (SOUTH OF KELLOGG, WEST OF 143RD ST. EAST) PURSUANT TO FINDINGS OF ADVISABILITY MADE BY THE GOVERNING BODY OF THE CITY OF WICHITA, KANSAS.

BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF WICHITA, KANSAS, THAT THE FOLLOWING FINDINGS AS TO THE ADVISABILITY OF IMPROVING FINDINGS OF ADVISABILITY AND RESOLUTION AUTHORIZING THE IMPROVEMENT WATER DISTRIBUTION SYSTEM NUMBER 448-90620 (SOUTH OF KELLOGG, WEST OF 143RD ST. EAST) IN THE CITY OF WICHITA, KANSAS, ARE HEREBY MADE TO-WIT:

SECTION 1. That it is necessary and in the public interest to improve Water Distribution System Number 448-90620 (south of Kellogg, west of 143rd St. East).

SECTION 2. That the cost of said improvements provided for in Section 1 hereof is estimated to be Forty-Five Thousand Dollars ($45,000) exclusive of the cost of interest on borrowed money, with 100 percent payable by the improvement district. Said estimated cost as above set forth is hereby increased at the pro-rata rate of 1 percent per month from and after October 1, 2013, exclusive of the costs of temporary financing.

That, in accordance with provisions of K.S.A. 12-6a19, a benefit fee be assessed against the improvement district with respect to the improvement district’s share of the cost of the exterior water main, such benefit fee calculated at the rate of 2.6 cents per square foot for the above described benefit district and totaling Six Thousand One Hundred One Dollars ($6,101), divided equally per lot resulting in a per lost assessment of $407 for the above described lots.

CLEAR CREEK ADDITION Lots 29 through 34, Block 3 Lots 25 through 33, Block 9

That the following lost shall each pay 1/15 of the total cost of the improvement district:

CLEAR CREEK ADDITION Lots 29 through 34, Block 3 Lots 25 through 33, Block 9

Where the ownership of a single lot is or may be divided into two or more parcels, the assessment to the lot so divided shall be assessed to each ownership or parcel on a square foot basis.

SECTION 5. That payment of said assessments may indefinitely be deferred as against those property owners eligible for such deferral available through the Special Assessment Deferral Program.

2565

SECTION 9. That the City Clerk shall make proper publication of this resolution, which shall be published once in the official City paper and which shall be effective from and after said publication.

PASSED by the governing body of the City of Wichita, Kansas, this 10th day of December 2013.

______CARL BREWER, MAYOR

ATTEST:

______KAREN SUBLETT, CITY CLERK (SEAL)

APPROVED AS TO FORM:

______GARY E. REBENSTORF, DIRECTOR OF LAW

2576

258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 Agenda Item No. II-5a

City of Wichita City Council Meeting December 10, 2013

TO: Mayor and City Council

SUBJECT: Improvements to East Kellogg from Cypress to Wiedemann – AT&T Relocation Agreement (District II)

INITIATED BY: Department of Public Works & Utilities

AGENDA: Consent

Recommendation: Approve the agreement.

Background: On October 8, 2013, the City Council approved a construction budget for the expansion of East Kellogg between Cypress and Wiedemann. The proposed improvements require the relocation of utilities owned by AT&T. The utilities are located in public right-of-way.

Analysis: An agreement with AT&T has been prepared to authorize the City of Wichita to bid and construct a duct bank for AT&T. All work associated with the duct bank installation will be completed as part of the East Kellogg expansion between Cypress and Wiedemann.

Financial Considerations: The estimated cost to install the duct bank is $1,049,140. The City of Wichita will pay for the duct bank construction and be reimbursed by AT&T. Funding is available in the existing approved budget. The agreement provides that any additional cost beyond this estimate, if needed, will be agreed upon by both parties and brought back to the City Council for approval.

Legal Considerations: The Law Department has reviewed and approved the agreement as to form.

Recommendation/Action: It is recommended that the City Council approve the agreement and authorize the necessary signatures.

Attachments: Agreement.

274 AT&T

Utility Agreement

Dated:______City of Wichita Project:_472-85031_____

General Location: US 54/400 (Kellogg Avenue) between Cypress and Trig (Webb Interchange)

THIS AGREEMENT is entered into between the City of Wichita (City) and Southwestern Bell Telephone d/b/a AT&T Kansas (Company)

WHEREAS, The City proposes a highway improvement project for the Kellogg and Webb Road Interchange, described above by Project Number and Location and shown on the Project Plans, and

WHEREAS, the Company is owner of certain facilities located at various locations throughout the project limits, as shown on the Project Plans (facilities) and these facilities are located within the existing public right-of-way, in whole or in part, and

WHEREAS, the Company’s facilities need to be adjusted, altered, or relocated so the city may construct the Project and the Company may maintain its present services.

NOW THEREFORE, it is agreed by and between the City and Company as follows:

1. Company request that the City construct an underground duct bank in public easement or road right-of-way for the Company with the Kellogg and Webb Road Interchange Project. This work shall be accomplished in the following manner: a. The Company shall design or cause to be designed a project to relocate their existing facilities to a location and depth approved by the City’s consultant for the Kellogg and Webb Road Interchange Project (Parsons Brinkerhoff). b. The Company shall supply all design documents, specifications, and multiple approved contractors for their duct relocation work to the City by November 1, 2013. c. The City will let the Company’s relocation work as part of the Kellogg and Webb Road Interchange Project. The installation of the new duct bank shall be installed by one of the Company’s approved contractors as a subcontractor to the City’s general contractor. The duct bank shall be installed per plans designed by Baughman Engineering “project # 12-05-E759, East Kellogg AT&T Duct Construction.” This plan set has been approved for depth and location by the City’s consultant. It is the Company’s responsibility to relocate and tie over connections to their existing facilities in a timely manner. The Company shall give the City or City’s representative a bi-weekly or monthly (as determined by the City) schedule of all their tie-over work progress. d. The estimated cost for the relocation work is $1,049,140.00______. The company agrees to reimburse the City for 100% of the bid item “Utility Relocation (AT&T)” .The City will submit invoices to the Company once a month for repayment. The company shall have 30 days from receipt of the invoice to pay the City the amount due. e. In the event that the actual costs incurred in performing the project exceeds the estimated cost, Company will be responsible for its proportionate share of the actual cost of the construction of the work as described below in section f.

275 f. The City will be responsible for cost of the utility duct construction coordination, survey, excavation of the trench (including shoring and dewatering as required), backfill of the trench (from 1’above the top of the duct), pavement removal/replacement and traffic control for the utility duct construction. The Company will be responsible for the cost of the lump sum bid item “Utility Relocation (AT&T)”. This work shall include labor, placing equipment, bedding rock, fill sand, water, & backfill to 1’ above duct bank. AT&T will supply/make available all duct bank materials (conduit, bore casing, pre-cast manholes, manhole rings –lids-covers-risers). Any change order must be approved by the City’s representative and the Company’s representative before the work can begin. If a compromise can’t be reached on the cost sharing of the change order, the City will pay for the change order and a mediator will determine the cost sharing at a later date. g. Visual/TV inspection of the ducts shall be performed as part of the bid item for “Utility Relocation (AT&T)”. This record shall be turned over to AT&T engineering for final acceptance upon completion of each section and prior to backfill beyond 1’ above the AT&T duct bank. A written and recorded log shall be kept on hand as proof of a completed quality product. Any defects shall be reported to the City or City’s representative. The company agrees to indemnify and hold harmless City of Wichita from any and all claims for damage to the Company’s facilities within the project limits. h. Any future maintenance or repair of the duct bank is the responsibility of the Company. i. All existing facilities owned by AT&T shall remain in service and unaffected by construction until the time that new facilities have been placed and final cut-over has been performed. The company shall remove or abandon in place their existing lines that are no longer in use. The City shall supply the Company a copy of the as- built information of their duct bank as soon as practical (not to exceed six months after the completion of the project). The as-built information shall be in pdf format on full size (22” x 36”) sheets.

Executed this ___ day of ______, 2013

___City of Wichita ______(“Company”)

By: By: ______

Title:_Mayor______Title:______

Attest:______Attest:______

276 Agenda Item No. II-5b

City of Wichita City Council Meeting December 10, 2013

TO: Mayor and City Council

SUBJECT: Improvements to East Kellogg from Cypress to Wiedemann – Westar Relocation Agreement (District II)

INITIATED BY: Department of Public Works & Utilities

AGENDA: Consent

Recommendation: Approve the agreement.

Background: On October 8, 2013, the City Council approved a construction budget for the expansion of East Kellogg between Cypress and Wiedemann. The proposed improvements require the relocation of utilities owned by Westar. The utilities are located in public right-of-way.

Analysis: The existing overhead utilities will be moved underground, which is a more costly method of relocation. To maintain design consistency with previously improved portions of Kellogg, the power lines must be installed underground rather than overhead. The City is responsible for the difference in cost. Allowing the City to bid and construct the duct bank for Westar could potentially provide an offset of cost savings by streamlining the process and reducing the amount of inspection staff and contractor hours required for removal and replacement work. Additionally, relocation related traffic interruptions to businesses within the project area will be significantly reduced. An agreement between the City and Westar has been prepared to authorize the City to bid and construct a duct bank for the Westar utilities. Once complete, Westar will install the operating hardware for the utilities within the newly constructed duct bank. A second agreement will be presented to the City Council at a later date to compensate Westar for a portion of that installation cost.

Financial Considerations: The estimated cost to install the duct bank is $630,000. Funding is available in the existing approved budget. The agreement provides that any additional cost beyond these estimates, if needed, will be agreed upon by both parties and brought back to the City Council for approval.

Legal Considerations: The Law Department has reviewed and approved the agreement as to form.

Recommendation/Action: It is recommended that the City Council approve the agreement and authorize the necessary signatures.

Attachments: Agreement.

277 City of Wichita

Utility Underground Construction Agreement

Dated:______City of Wichita Project:_472-85031_____

General Location: US 54/400 (Kellogg Avenue) between Cypress and Trig (Webb Interchange)

THIS AGREEMENT is entered into between the City of Wichita (City) and Westar Energy, Inc.(Company)

WHEREAS, The City proposes a highway improvement project for the Kellogg and Webb Road Interchange, described above by Project Number and Location and shown on the Project Plans, and

WHEREAS, the Company is owner of certain facilities located between Mainline Station 500+00 and 561+13.38 as shown on the Project Plans (facilities) and these facilities are located within the existing public right-of-way, in whole or in part, and

WHEREAS, the Company’s facilities need to be adjusted, altered, or relocated so the city may construct the Project and the Company may maintain its present services.

NOW THEREFORE, it is agreed by and between the City and Company as follows:

1. Company requests that the City construct an underground duct bank in public easement or road right-of-way for relocation of the Company’s electric facilities, in connection with the Kellogg and Webb Road Interchange Project. This construction and utility relocation work shall be accomplished in the following manner: a. The Company shall design or cause to be designed a project to relocate its existing facilities to a location and depth approved by the City’s consultant for the Kellogg and Webb Road Interchange Project (Parsons Brinkerhoff). b. The Company shall supply all design documents, specifications, and multiple approved contractors for the duct relocation work to the City by November 1, 2013. c. The City will engage qualified third party contractors to perform the relocation work as part of the City’s Kellogg and Webb Road Interchange Project. The installation of the new duct bank shall be installed by one of the Company’s approved contractors as a subcontractor to the City’s general contractor. It is the Company’s responsibility to relocate and tie over connections to its existing facilities in a timely manner. The Company shall give the City or City’s representative a bi-weekly or monthly (as determined by the City) schedule of all tie-over work progress. d. Installation of the conduit and manhole system shall be performed at no charge or cost to the Company. A credit for this installation cost will be applied against the Company’s total billing to the City for the relocation.. e. The City will be responsible for performance of the work and for cost of the utility duct construction, coordination, installation of Company’s duct bank materials, survey, excavation of the trench (including shoring and dewatering as required), backfill of the trench (from 1’above the top of the duct), pavement removal/replacement and traffic control for the utility duct construction. The Company will supply/make available all duct bank materials (conduit, bore casing, manholes, manhole rings –lids-covers-risers). All iron and steel shall be domestic and any manufacturing process that is done to it shall be done in United States as described on KDOT form 01-21-11(LPA). 2

278 f. Any change order must be approved by the City’s representative and the Company’s representative before the work can begin. If a compromise can’t be reached on the cost sharing of the change order, the City will pay for the change order and a mediator will determine the cost sharing at a later date. g. The Company shall report any apparent defects to the City or the City representative before crews start any tie-over work within a given segment of duct. Visual/T.V. inspection of each section shall be done prior to any work by the Company taking place. h. Subject to any relevant limitations under the Kansas Tort Claims Act, K.S.A. 75- 6101 et. seq., The City agrees to indemnify, hold harmless and defend Company for any claims arising from City’s duties hereunder. The Company agrees to indemnify, hold harmless, and defend City for any claims arising from Company’s duties hereunder. Comment [AY1]: WESTAR: Need to keep i. Any future maintenance or repair of the duct bank is the responsibility of the mutual indemnification provision in the agreement. We are willing to modify the City’s indemnification Company. obligation by adding an introductory clause j. The Company shall remove or abandon in-place its existing lines that are no longer in clarifying that it is subject to the Kansas Tort Claims use, unless it is necessary for the City’s prime contractor to remove the existing lines Act. to construct the interchange. k. The City shall supply the Company a copy of the as-built information of their duct bank as soon as practical (not to exceed six months after the completion of the project). The as-built information shall be in .pdf format on full size (22” x 36”) sheets.

Executed this ___ day of ______, 2013

___City of Wichita ______Westar Energy, Inc. ______(“City”) (“Company”)

By: By: ______

Title:_Mayor______Title:______

Attest:______Attest:______

279 Agenda Item No. II-5c

City of Wichita City Council Meeting December 10, 2013

TO: Mayor and City Council

SUBJECT: Design Services Agreement for Glen Meadows Addition (District II)

INITIATED BY: Department of Public Works & Utilities

AGENDA: Consent

Recommendation: Approve the agreement.

Background: On September 1, 2009, the City Council approved a petition for water, sanitary sewer, and storm water drainage improvements to serve Glen Meadows Addition, south of 21st Street North, west of Greenwich.

Analysis: The proposed agreement between the City and Professional Engineering Consultants, P.A. (PEC) provides for design of the improvements. In accordance with Administrative Regulation 1.10, staff recommends that PEC be hired for this work, as this firm provided the preliminary engineering services for the platting of the subdivision and can expedite plan preparation.

Financial Considerations: Payment to PEC will be on a lump sum basis of $50,500, and will be paid by special assessments.

Legal Considerations: The Law Department has reviewed and approved the agreement as to form.

Recommendation/Action: It is recommended that the City Council approve the agreement and authorize the necessary signatures.

Attachments: Agreement.

280 AGREEMENT

for

PROFESSIONAL SERVICES

between

THE CITY OF WICHITA, KANSAS

and

PROFESSIONAL ENGINEERING CONSULTANTS, P.A.

for

GLEN MEADOWS ADDITION

THIS AGREEMENT, made this ______day of ______, 2013, by and between the CITY OF WICHITA, KAN- SAS, party of the first part, hereinafter called the “CITY” and PROFESSIONAL ENGINEERING CONSULTANTS, P.A., party of the second part, hereinafter called the “ENGINEER”.

WHEREAS, the CITY intends to construct;

WATER DISTRIBUTION SYSTEM NO. 448-90450 serving Los 1 thourgh 22, Block 1 (south of 21st, west of Greenwich) (Project No. 448-90450).

STORM WATER DRAIN NO. 359 serving Los 1 thourgh 22, Block 1, Glen Meadows Addition (south of 21st, west of Greenwich) (Project No. 468-84634).

LATERAL 11, MAIN 16 FOUR MILE CREEK SEWER serving Los 1 thourgh 22, Block 1 (south of 21st, west of Greenwich) (Project No. 468-84633).

NOW, THEREFORE, the parties hereto do mutually agree as follows:

I. SCOPE OF SERVICES The ENGINEER shall furnish professional services as required for designing improvements in Glen Meadows Addition and to perform the project tasks outlined in the SCOPE OF SERVIC- ES (Exhibit “A”). 2

281

II. IN ADDITION, THE ENGINEER AGREES A. To provide the various technical and professional services, equipment, material and transportation to perform the tasks as outlined in Exhibit “A”. B. To attend meetings with the City and other local, state and federal agencies as necessitated by the SCOPE OF SERVICES. C. To make available during regular office hours, all calculations, sketches and drawings such as the CITY may wish to examine periodically during performance of this agreement. D. To save and hold CITY harmless against all suits, claims, damages and losses for injuries to persons or property arising from or caused by errors, omissions or negligent acts of ENGINEER, its agents, servants, employees, or subcontractors occurring in the performance of its services under this contract. E. To maintain books, documents, papers, accounting records and other evidence pertaining to costs incurred by ENGINEER and, where relevant to method of payment, to make such material available to the CITY. F. To comply with all Federal, State and local laws, ordinances and regulations applicable to the work, including Title VI of the Civil Rights Act of 1964, and to comply with the CITY’S Affirmative Action Program as set forth in Exhibit “B” which is attached hereto and adopted by reference as though fully set forth herein. G. To accept compensation for the work herein described in such amounts and at such periods as provided in Article IV and that such compensation shall be satisfactory and sufficient payment for all work performed, equipment or materials used and services rendered in connection with such work. H. To complete the services to be performed by ENGINEER within the time allotted for the PROJECT in accordance with Exhibit “A”; EXCEPT that the ENGINEER shall not be responsible or held liable for delays occasioned by the actions or inactions of the CITY or other agencies, or for other unavoidable delays beyond control of the ENGINEER. I. Covenants and represents to be responsible for the professional and technical accuracies and the coordination of all designs, drawings, specifications, plans and/or other work or material furnished by the ENGINEER under this agreement. ENGINEER further agrees, covenants and represents, that all designs, drawings, specifications, plans, and other work or material furnished by ENGINEER, its agents, employees and subcontractors, under this agreement, including any additions, alterations or amendments thereof, shall be free from negligent errors or omissions. J. ENGINEER shall procure and maintain such insurance as will protect the ENGINEER from damages resulting from the negligent acts of the ENGINEER, its agents, officers, employees and subcontractors in the performance of the professional services rendered under this agreement. Such policy of insurance shall be in an amount not less than $500,000.00 subject to a deductible of $10,000.00. In addition, a Workman’s Compensa- tion and Employer’s Liability Policy shall be procured and maintained. This policy shall include an “all state” endorsement. Said insurance policy shall also cover claims for injury, disease or death of employees arising out of and in the course of their employment, which, for any reason, may not fall within the provisions of the Workman’s Compensation Law. The liability limit shall be not less than:

Workman’s Compensation – Statutory Employer’s Liability - $500,000 each occurrence.

Further, a comprehensive general liability policy shall be procured and maintained by the ENGINEER that shall be written in a comprehensive form and shall protect ENGINEER against all claims arising from injuries to persons (other than ENGINEER’S employees) or 3

282 damage to property of the CITY or others arising out of any negligent act or omission of ENGINEER, its agents, officers, employees or subcontractors in the performance of the professional services under this agreement. The liability limit shall not be less than $500,000.00 per occurrence for bodily injury, death and property damage. Satisfactory Certificates of Insurance shall be filed with the CITY prior to the time ENGINEER starts any work under this agreement. In addition, insurance policies applicable hereto shall contain a provision that provides that the CITY shall be given thirty (30) days written notice by the insurance company before such policy is substantially changed or canceled. K. To designate a Project Manager for the coordination of the work that this agreement requires to be performed. The ENGINEER agrees to advise the CITY, in writing, of the person(s) designated as Project Manager not later than five (5) days following issuance of the notice to proceed on the work required by this agreement. The ENGINEER shall also advise the CITY of any changes in the person designated Project Manager. Written notification shall be provided to the CITY for any changes exceeding one week in length of time.

III. THE CITY AGREES: A. To furnish all available data pertaining to the project now in the CITY’S files at no cost to the ENGINEER. Confidential materials so furnished will be kept confidential by the EN- GINEER. B. To provide standards as required for the project; however, reproduction costs are the responsibility of the ENGINEER, except as specified in Exhibit “A”. C. To pay the ENGINEER for his services in accordance with the requirements of this agreement. D. To provide the right-of-entry for ENGINEER’S personnel in performing field surveys and inspections. E. To designate a Project Manager for the coordination of the work that this agreement requires to be performed. The CITY agrees to advise, the ENGINEER, in writing, of the person(s) designated as Project Manager with the issuance of the notice to proceed on the work required by this agreement. The CITY shall also advise the ENGINEER of any changes in the person(s) designated Project Manager. Written notification shall be provided to the ENGINEER for any changes exceeding one week in length of time. F. To examine all studies, reports, sketches, drawings, specifications, proposals and other documents presented by ENGINEER in a timely fashion.

IV. PAYMENT PROVISIONS A. Payment to the ENGINEER for the performance of the professional services required by this agreement shall be made on the basis of the lump sum fee amount specified below:

Project No. 448 90450 $5,550 Project No. 468 84634 $32,500 Project No. 468 84633 $12,500 TOTAL $50,500 B. When requested by the CITY, the ENGINEER will enter into a Supplemental Agreement for additional services related to the project such as, but not limited to: 1. Consultant or witness for the CITY in any litigation, administrative hearing, or other legal proceedings related to the project. 2. Additional design services not covered by the scope of this agreement. 3. Construction staking, material testing, inspection and administration related to the project. 4

283 4. A major change in the scope of services for the project. If additional work should be necessary, the ENGINEER will be given written notice by the CITY along with a request for an estimate of the increase necessary in the not-to-exceed fee for performance of such additions. No additional work shall be performed nor shall additional compensation be paid except on the basis of a Supplemental Agreement duly entered into by the parties.

V. THE PARTIES HERETO MUTUALLY AGREE: A. That the right is reserved to the CITY to terminate this agreement at any time, upon written notice, in the event the project is to be abandoned or indefinitely postponed, or because of the ENGINEER’S inability to proceed with the work. B. That the field notes and other pertinent drawings and documents pertaining to the project shall become the property of the CITY upon completion or termination of the ENGI- NEER’S services in accordance with this agreement; and there shall be no restriction or limitation on their further use by the CITY. Provided, however, that CITY shall hold EN- GINEER harmless from any and all claims, damages or causes of action which arise out of such further use when such further use is not in connection with the project. C. That the services to be performed by the ENGINEER under the terms of this agreement are personal and cannot be assigned, sublet or transferred without specific consent of the CITY. D. In the event of unavoidable delays in the progress of the work contemplated by this agreement, reasonable extensions in the time allotted for the work will be granted by the CITY, provided, however, that the ENGINEER shall request extensions, in writing, giving the reasons therefor. E. It is further agreed that this agreement and all contracts entered into under the provisions of this agreement shall be binding upon the parties hereto and their successors and assigns. F. Neither the CITY’S review, approval or acceptance of, nor payment for, any of the work or services required to be performed by the ENGINEER under this agreement shall be construed to operate as a waiver of any right under this agreement or any cause of action arising out of the performance of this agreement. G. The rights and remedies of the CITY provided for under this agreement are in addition to any other rights and remedies provided by law. H. It is specifically agreed between the parties executing this contract, that it is not intended by any of the provisions of any part of this contract to create the public or any member thereof a third party beneficiary hereunder, or to authorize anyone not a party to this contract to maintain a suit for damages pursuant to the terms or provisions of this contract.

IN WITNESS WHEREOF, the CITY and the ENGINEER have executed this agreement as of the date first written above.

BY ACTION OF THE CITY COUNCIL ______Carl Brewer, Mayor

SEAL:

ATTEST:

284 ______Karen Sublett, City Clerk

APPROVED AS TO FORM:

______Gary Rebenstorf, Director of Law

PROFESSIONAL ENGINEERING CONSULTANTS, P.A.

______(Name/Title) ATTEST:

______

285 EXHIBIT “A” SCOPE OF SERVICES Project Description Location (Project No. ###-#####)

The ENGINEER shall furnish engineering services as required for the development of plans, supplemental specifications and estimates of the quantities of work for the PROJECT in the format and detail required by the City Engineer for the City of Wichita. Engineering plans shall be prepared per Attachment No. 1 to Exhibit “A”.

In connection with the services to be provided, the ENGINEER shall:

When authorized by the CITY, proceed with development of Plans for the PROJECT based on the preliminary design concepts approved by the CITY. 1. Field Surveys. Provide engineering and technical personnel and equipment to obtain survey data as required for the engineering design. Utility companies shall be requested to flag or otherwise locate their facilities within the project limits prior to the ENGINEER conducting the field survey for the project. Utility information shall be clearly noted and identified on the plans. 2. Storm Water Pollution Prevention. On projects that disturb one acre or more, the ENGINEER will prepare a storm water pollution prevention plan, prepare the necessary permit application(s) and include any provisions or requirements in the project plans and special provisions. The storm water pollution prevention plan shall also include submittal of a Notice of Intent (NOI) prior to bidding; site-specific erosion control plan; and standard Best Management Prac- tice (BMP) detail sheets per Attachment No. 1 to Exhibit “A”. 3. Soils and Foundation Investigations. The CITY may authorize the ENGINEER to direct an approved Testing Laboratory to perform subsurface borings and soils investigations for the project, which shall be reported in the format and detail required by the City Engineer for the City of Wichita. The ENGINEER’S contract with the Testing Laboratory shall provide that the Testing Laboratory is responsible to the City for the accuracy and competence of their work. The cost of soils and boring investigations shall be passed directly to the City of Wichi- ta. 4. Review Preliminary Design Concepts. Submit preliminary design concepts for review with the City Engineer or his designated representative prior to progressing to detail aspects of the work unless waived by the City Engineer. 5. Drainage Study. When applicable, conduct a detailed study to explore alternative design concepts concerning drainage for the project. Present the findings in writing identifying recommendations to the CITY, including preliminary cost estimates, prior to development of final check plans. Such written findings and recommendations must be in a format which is self ex- planatory and readily understood by persons with average backgrounds for the technology involved. 6. Plans & Specifications. Prepare engineering plans, plan quantities and supplemental specifications as required. Pay items of work shall conform to the CITY’s Master Bid Item List. Engi- neering plans will include incidental drainage where required and permanent traffic signing. The project’s plans and proposed special provisions shall address the requirements included in the City’s Administrative Regulations 6.5, “Cleanup, Restoration or Replacement Following Construction.” Also, final plans, field notes and other pertinent project mapping records are to be submitted per Attachment No. 1 to Exhibit “A”. The files are to be AutoCAD drawing files or DXF/DXB files. Layering, text fonts, etc. are to be reviewed and approved during the preliminary concept development phase of the design work. Text fonts other than standard 7

286 AutoCAD files are to be included with drawing files. In addition to supplying the electronic files of the AutoCAD drawing files of the final plans, ENGINEER will also need to supply electronic files of the drawings in PDF format. 7. Landscaping. Where landscaping may be required along arterial streets, ENGINEER should use plant material that is drought resistant and requires low maintenance in a xeriscape concept, and is consistent with the City of Wichita Landscape Policy for Arterial Streets. A landscape architect should be included on the Consultants' Design Team. 8. Property Acquisition. Prepare right-of-way/easement tract maps and descriptions as required in clearly drawn detail and with sufficient reference to certificate of title descriptions. ENGI- NEER will perform all necessary survey work associated with marking the additional right-of- way or easements. This shall include the setting monuments of new corners for any additional right-of-way and a one time marking of the right-of-way for utility relocations. The ENGI- NEER shall perform all necessary title work and sufficient research for determination of current right-of-way and easements. 9. Utility Coordination. Identify all potential utility conflicts and provide preliminary field check plans showing the problem locations, posted to the City’s FTP site. Plans will clearly identify specific utility company facilities by color and by name (i.e. not just “gas” or “fiber op- tic”). ENGINEER shall include a conflict list for each utility, also posted to the FTP site. EN- GINEER shall meet with utility company representatives to review plans and utility verification forms (Attachment No. 3 to Exhibit “A”) at each milestone date and as directed by the CITY and as determined necessary by the ENGINEER. This information will be com- piled into a summary report (Attachment No. 4 to Exhibit “A”, also available on the City’s FTP site) maintained and updated by ENGINEER as necessary to present a cohesive and reflective status of utilities, and provided to the City as necessary. ENGINEER shall maintain involvement with utility companies until all conflicts have been resolved (not just identified). When appropriate, the City Engineer will approve the identification on plans of conflicts to be resolved during construction. ENGINEER shall meet with involved utility company/ies and project contractor to resolve any conflicts with utilities that occur during construction. 10. Staking Information. All applicable coordinate control points and related project staking information shall be furnished on a map on the plans, as well on CD-ROM, as a text file, along with the project PDF’s. This coordinate information will be used by the CITY for construction staking purposes. See Attachment No. 2 to Exhibit “A” for required coordinate information. 11. Shop Drawings. All shop drawings submitted by the contractor for the project shall be reviewed and, when acceptable, approved for construction by the ENGINEER for the project. 12. Public Meeting. The ENGINEER shall meet with effected property owners, along with City staff, at a pre-construction Public Information Meeting, as arranged by the City, to explain project design, including such issues as construction phasing and traffic control. 13. New Right-of-Way Monumentation. The ENGINEER shall complete permanent monumentation of all new right-of-way, and complete and submit all necessary legal documentation for same. 14. Section Corner Monuments. The Engineer shall provide services required by KSA Chapter 58, Article 20, Statute 58-2011, any time a section corner or monument will be endangered, dis- turbed, or removed. The City of Wichita Construction Engineer will receive a copy of all Land Survey Reference Reports submitted to the Secretary of State Historical Society. All costs associated with this effort shall be the responsibility of the Engineer. The City will provide a three business day notice to the Engineer to mark the monument location for re-establishment after pavement work is completed. The City will then core and install a cast iron monument box and cover. The Engineer will be notified within three business days after the box is installed to reset the final monument. 15. Permits. The ENGINEER shall prepare any and all necessary permits for this project, such as the preparation of applications for U.S. Army Corps of Engineers (404) permits, Division of 8

287 Water Resources permit, Kansas Department of Wildlife and Parks permit and Kansas De- partment of Health and Environment permit. Also if requested by the CITY, obtain construction approval from the U.S. Army Corps of Engineers and assist the CITY in coordinating the archaeological review of the PROJECT. The ENGINEER shall be responsible for the cost of all permit fees that are required to complete the PROJECT. The cost shall be included in the design fee submitted by the ENGINEER. 16. Project Milestones. The ENGINEER agrees to complete and deliver the field notes, preliminary and final plans, specifications and estimates to the CITY within the time allotted for the project as stipulated below; EXCEPT that the ENGINEER shall not be responsible or held liable for delays occasioned by the actions or inactions of the CITY or other agencies, or for other unavoidable delays beyond the control of the ENGINEER. (a) Field check plans of the project for distribution to utilities by 12/13/2013. (b) Completion of all work required by this agreement (including submittal of final approved plans, field notes, and related project documents by 1/28/2014.

288 Attachment No. 1 to Exhibit “A” – Scope of Services

Plan Submittal

Water projects plans shall be submitted with (1) set of mylar plans; and a CD of the .dwgs and .pdfs. This includes projects that have the water plans incorporated into that project, for which the cover sheet should also be included.

Storm Sewer, Sanitary Sewer and Paving plans shall be submitted in a .dwg and .pdf format on a CD.

In addition, two (2) sets of 11”x17” plans will be submitted at the time of final .pdf submittal for ALL projects, regardless of the type.

Storm Water Pollution Prevention

For any project disturbing one acre of ground or more, the design Consultant must prepare a Notice of Intent and a Storm Water Pollution Prevention Plan and submit them to the KDHE for approval. Com- plete copies of the approved NOI and SWP3 must be provided to the City, prior to bidding. One hard copy should be provided to the project engineer upon approval, one electronic copy should be included with your transmittal of PDF plan files, and one additional electronic copy should be sent to the attention of Mark Hall at the following address:

City of Wichita Storm Water Division 455 N. Main 8th Floor Wichita, KS 67202

THIS INCLUDES ALL PROJECTS DISTURBING ONE ACRE OR MORE – I.E. NEW DEVELOP- MENT, ARTERIAL STREETS, DIRT STREETS, BIKE PATHS, SEWER MAINS, ETC.

The City of Wichita will, under no circumstance, bid any project without first receiving copies of the KDHE approved NOI and SWP3.

The design of all City of Wichita construction projects must also include the development of a site- specific erosion control plan. The site-specific erosion control plan must be included in the project plans. Every component and requirement of the erosion control plan must be separately and accurately ac- counted as a measured quantity bid item in the engineer’s estimate. Bidding erosion control as “1 LS” is not allowed.

Please note that careful consideration must be given to the transition of BMP maintenance responsibilities throughout the course of multi-phased projects. All intended responsibilities must be clearly demonstrated by the bid items. For example, if it is intended that the contractor of a subsequent waterline project be responsible for the maintenance of silt fence installed with a preceding sanitary sewer project, a measured quantity bid item must be submitted for x-lf of silt fence maintenance.

The City’s current BMP standard detail sheets shall be included in all plans. These five sheets must be included in every plan set developed for the City of Wichita, regardless of project size.

289

Attachment No. 2 to Exhibit “A” - Scope of Services

Required Plan Coordinate Information

Arterial Street Projects & Infill (Existing Neighborhoods)

I. SANITARY SEWER Provide a standard bubble map, as part of the plans, showing locations of numbered points, and a table with point number, northing and easting coordinates, description, and BL station for each point, for the following: . all possible control as established or attained during preliminary survey, including but not limited to – section corners, property irons, intersection center-center irons, other set monuments . center of manholes

II. WATER LINE Provide a standard bubble map, as part of the plans, showing locations of numbered points, and a table with point number, northing and easting coordinates, description, and BL station for each point, for the following: . all possible control as established or attained during preliminary survey, including but not limited to – section corners, property irons, intersection center-center irons, other set monuments; any necessary points for establishing BL, including P.I.’s in BL . beginning and ends of pipe . all P.I.’s/deflections (horizontal and vertical) . FH’s, tees, bends, air release

III. STORM SEWER Provide a standard bubble map, as part of the plans, showing locations of numbered points, and a table with point number, northing and easting coordinates, description, and BL station for each point, for the following: . all possible control as established or attained during preliminary survey, including but not limited to – section corners, property irons, intersection center-center irons, other set monuments; any necessary points for establishing BL, including P.I.’s in BL . center, inside face of curb inlets – Type 1 and Type 1A; center, at high edge of curb inlets – Type 2; CL of street, normal to inlet coordinate . for skewed inlets typically in intersection radii, or not parallel to baseline – center, inside face of inlet; 15 ft/4 m offset in each direction, to center of inlet, along inside face line extended . end of end section, at CL of pipe . center, end of pipe at outside face of headwall; if headwall not perpendicular to pipe, each corner of headwall at outside face . center of all drop inlets, manholes, and other structures . center of RCBC at each end (outside face of hubguard); if box rotated, each corner, outside face

IV. PAVING Provide a standard bubble map, as part of the plans, showing locations of numbered points, and a table with point number, northing and easting coordinates, description, and BL station for each point, for the following:

290 . all possible control as established or attained during preliminary survey, including but not limited to – section corners, property irons, intersection center-center irons, other set monuments; any necessary points for establishing BL, including P.I.’s in BL . center of signal poles, service and junction boxes, controller, etc.; ends and P.I.’s for retaining walls, at back of walls

THE SAME COORDINATE SYSTEM SHALL BE USED FOR ALL SEPARATE PHASES OF A LARGER INFILL OR ARTERIAL STREET PROJECT.

In addition to the required coordinate information, the following shall be included in all plans, at a minimum, as needed for construction staking on all City projects.

. Include copy of plat(s) on all plans, as relevant and approved by the Design Engineer . Benchmarks – minimum of two City standards, four total desirable; as close to project as possible, even if TBM set with preliminary survey . All control irons/identified property irons shall be shown on plans, with BL stationing and offset . Show deflection angles in BL, and/or bearing/azimuth of BL sections . Arterial project side streets – provide BL station at CL of intersection of the two streets, on the BL; BL station and offset to CL of side street at removal limits; include deflection angle from BL to CL of side street . Existing FL/pavement grades shown at all match points . Top of curb grades and stationing at all ends-of-return and horizontal/vertical P.I.’s, not just even stationing . CL top of pavement grades for arterial streets . BL station and offset at all R/W changes; include R/W corners at all intersections, even if no change in R/W . Clearly show existing grades at R/W and beyond; identify removal limits beyond R/W (for grade purposes) with BL station and offset, or dimension from R/W . Show offset distance between BL and proposed street CL when not the same; establish clear rela- tionship between the two . BL station and offset to center of signal poles, service and junction boxes, controllers, etc. . BL station and offset to back of retaining walls, at ends of walls and all P.I.’s . Concrete pavement – provide detailed joint pattern, dimensions, and elevations for all valley gut- ters, intersections, and mainline pavement; should be separate plan sheet(s) with clear and project-specific details . Storm Sewer – BL station and offset for all curb inlets, drop inlets, manholes, and other structures (to the coordinate point locations detailed in previous sheets); same for SS and WL – pertinent facilities should be referenced to BL station and offset . Sanitary Sewer – show deflection angles between MH’s . Curve Tables – should include bends, tees, valves, FH’s etc. for waterlines; ends-of-return, P.I.’s, etc. for paving . Should be able to accurately scale off of plans

291

292 ProjectK-96K Name

Utility Location Verification Non-CIP Project

Projected Bid Date:

UTILITY: ______Checked by______on ______

Utility Location: None in Project Limits In Project Limits, No Relocation Necessary Utility will need to relocate Other (please describe)

Briefly Describe Type and Location of Facilities within Project: ______

Estimate Time for Relocation: < 3 months 3-6 months 6-9 months > 9 months

Weather Sensitive: Yes No If yes, please explain: ______

Utility Plan Review: Correct as Shown Corrections needed Attachments provided for Consultant

Corrections necessary on plan sheets: ______Additional Information requested from Consultant: ______

Please email this form on or before to:

If relocation is necessary:

Estimated clear date:______

Completed by ______(utility representative) on ______(date)

Upon completion of relocation:

Relocation complete on:______

Completed by ______(utility representative) on ______(date)

293 Attachment No.4 to Exhibit "A" - Scope of Services

294

295

296

297

298

EXHIBIT “B”

REVISED NON-DISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY/AFFIRMATIVE ACTION PROGRAM REQUIREMENTS STATEMENT FOR CONTRACTS OR AGREEMENTS

During the term of this contract, the contractor or subcontractor, vendor or supplier of the City, by whatever term identified herein, shall comply with the following Non-Discrimination--Equal Employment Opportunity/Affirmative Action Program Requirements: A. During the performance of this contract, the contractor, subcontractor, vendor or supplier of the City, or any of its agencies, shall comply with all the provisions of the Civil Rights Act of 1964, as amended: The Equal Employment Opportunity Act of 1972; Presidential Executive Orders 11246, 11375, 11131; Part 60 of Title 41 of the Code of Federal Regulations; the Age Discrimination in Employment Act of 1967; the Americans with Disabilities Act of 1990 and laws, regulations or amendments as may be promulgated thereunder. B. Requirements of the State of Kansas: 1. The contractor shall observe the provisions of the Kansas Act against Discrimination (Kansas Statutes Annotated 44-1001, et seq.) and shall not discriminate against any person in the performance of work under the present contract because of race, religion, col- or, sex, disability, and age except where age is a bona fide occupational qualification, national origin or ancestry; 2. In all solicitations or advertisements for employees, the contractor shall include the phrase, "Equal Opportunity Employer", or a similar phrase to be approved by the "Kansas Human Rights Commission"; 3. If the contractor fails to comply with the manner in which the contractor reports to the "Kansas Human Rights Commission" in accordance with the provisions of K.S.A. 1976 Supp. 44-1031, as amended, the contractor shall be deemed to have breached this contract and it may be canceled, terminated or suspended in whole or in part by the contracting agency; 4. If the contractor is found guilty of a violation of the Kansas Act against Discrimination under a decision or order of the "Kansas Human Rights Commission" which has become final, the contractor shall be deemed to have breached the present contract, and it may be canceled, terminated or suspended in whole or in part by the contracting agency; 5. The contractor shall include the provisions of Paragraphs 1 through 4 inclusive, of this Subsection B, in every subcontract or purchase so that such provisions will be binding upon such subcontractor or vendor. C. Requirements of the City of Wichita, Kansas, relating to Non-Discrimination -- Equal Employ- ment Opportunity/Affirmative Action Program Requirements: 1. The vendor, supplier, contractor or subcontractor shall practice Non-Discrimination -- Equal Employment Opportunity in all employment relations, including but not limited to employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The vendor, supplier, contractor or subcontractor shall submit an Equal Employment Opportunity or Affirmative Action Program, when required, to the Department of Finance of the City of Wichita, Kansas, in accordance with the guidelines established for review and evaluation; 20

299

2. The vendor, supplier, contractor or subcontractor will, in all solicitations or advertisements for employees placed by or on behalf of the vendor, supplier, contractor or subcontractor, state that all qualified applicants will receive consideration for employment without regard to race, religion, color, sex, "disability, and age except where age is a bona fide occupational qualification", national origin or ancestry. In all solicitations or advertisements for employees the vendor, supplier, contractor or subcontractor shall include the phrase, "Equal Opportunity Employer", or a similar phrase; 3. The vendor, supplier, contractor or subcontractor will furnish all information and reports required by the Department of Finance of said City for the purpose of investigation to ascertain compliance with Non-Discrimination -- Equal Employment Opportunity Re- quirements. If the vendor, supplier, contractor, or subcontractor fails to comply with the manner in which he/she or it reports to the City in accordance with the provisions hereof, the vendor, supplier, contractor or subcontractor shall be deemed to have breached the present contract, purchase order or agreement and it may be canceled, terminated or suspended in whole or in part by the City or its agency; and further Civil Rights complaints, or investigations may be referred to the State; 4. The vendor, supplier, contractor or subcontractor shall include the provisions of Subsec- tions 1 through 3 inclusive, of this present section in every subcontract, subpurchase order or subagreement so that such provisions will be binding upon each subcontractor, subvendor or subsupplier. 5. If the contractor fails to comply with the manner in which the contractor reports to the Department of Finance as stated above, the contractor shall be deemed to have breached this contract and it may be canceled, terminated or suspended in whole or in part by the contracting agency; D. Exempted from these requirements are: 1. Those contractors, subcontractors, vendors or suppliers who have less than four (4) employees, whose contracts, purchase orders or agreements cumulatively total less than five thousand dollars ($5,000) during the fiscal year of said City are exempt from any further Equal Employment Opportunity or Affirmative Action Program submittal. 2. Those vendors, suppliers, contractors or subcontractors who have already complied with the provisions set forth in this section by reason of holding a contract with the Federal government or contract involving Federal funds; provided that such contractor, subcontractor, vendor or supplier provides written notification of a compliance review and determination of an acceptable compliance posture within a preceding forty-five (45) day period from the Federal agency involved.

300 Agenda Item No. II-7

City of Wichita City Council Meeting December 10, 2013

TO: Mayor and City Council

SUBJECT: HOME Program Funding Agreement Amendment; Mennonite Housing (District I)

INITIATED BY: Housing and Community Services Department

AGENDA: Consent

Recommendation: Approve the amendment to the funding agreement to extend the project completion period and authorize the necessary signatures.

Background: On June 7, 2011, the City Council approved a HOME Investment Partnerships (HOME) Program funding agreement with Mennonite Housing Rehabilitation Services, Inc. (MHRS) in the amount of $176,144, in order to construct five new homes within any of the City’s six Local Investment Areas. The funding was a part of the Community Housing Development Organization (CHDO) set-aside. Upon completion the homes are to be sold to income-eligible, owner-occupant home buyers, with down payment and closing costs assistance loans to be provided through the City’s HOMEownership 80 Program. On June 25, 2013, the City Council approved an amendment of the funding agreement in order to allow additional time for completion of construction of the fifth and final home under the agreement.

Analysis: The fifth home to be completed under the funding agreement is located at 1207 N. Ohio, and is currently under construction. It is under contract to be purchased and is expected to be completed and sold by December 20, 2013. However, additional time will be required to complete site improvements. Extension of the agreement is requested to allow for completion of these improvements when seasonally appropriate, by no later than June 30, 2014.

Financial Considerations: The amendment to the funding agreement does not require additional funding.

Legal Considerations: The amendment to the funding agreement has been approved as to form by the Law Department.

Recommendations/Actions: It is recommended that the City Council approve the amendment to the funding agreement to extend the project completion period, and authorize the necessary signatures.

Attachments: Funding agreement amendment.

1 301

AMENDMENT TO GRANT AGREEMENT Between

THE CITY OF WICHITA HOUSING AND COMMUNITY SERVICES DEPARTMENT

A PARTICIPATING JURISDICTION And

Mennonite Housing Rehabilitation Services, Inc.

HOME Investment Partnerships Program

2011 CHDO Set-Aside Funding 2008 Re-allocated CHDO Set-Aside Funding

City of Wichita Housing and Community Services Department 332 N. Riverview Wichita, KS 67203 Phone (316) 462-3700 Fax (316) 462-3719

302

This contract amendment is entered into December 10, 2013 and dated to be effective December 10, 2013, between the City of Wichita (hereinafter referred to as the CITY) and Mennonite Housing Rehabilitation Services, Inc. (MHRS, a Community Housing Development Organization, hereinafter referred to as the “Developer”).

WITNESSETH THAT:

WHEREAS, the above named entities were parties to a Grant Agreement dated July 1, 2011, and effective the date executed by the Mayor of the City of Wichita, July 26, 2011, in the amount of $176,144.22, in which the Developer agreed to undertake an affordable housing program involving the acquisition of property and construction of single-family homes.

NOW, THEREFORE, the above named parties, in order to fulfill the original intent of the grant agreement dated to be effective July 26, 2011, and executed July 26, 2011, and subsequently amended June 25, 2013, and dated to be effective June 25, 2013, hereby agree, covenant, and contract with each other that, effective December 10, 2013, the terms of the amended agreement are hereby reaffirmed and re-executed for and on behalf of these parties except for the following amendments, modifications, and changes indicated below:

SECTION 2. TIME OF PERFORMANCE. The services of the Developer are to begin as soon as possible, on the date of this contract, and shall be undertaken and completed in such sequence as to assure their expeditious completion in light of the purposes of this contract. The construction phase of this contract shall be complete by June 30, 2014, with all expenses incurred on or before that date. This contract shall otherwise remain in force through the period of affordability, which will end on a date up to 15 years following the date of completion of the final unit, as defined in 24 CFR 92.2, depending on the amount of HOME funds invested in each unit of construction. Deed restrictions filed in connection with each unit will specify the applicable affordability period for the unit.

303

Exhibit B PERFORMANCE CRITERIA AND CONTRACT OBJECTIVES

III. Administration

The MHRS President/C.E.O. will supervise operations and administration on a day-to-day basis. The MHRS Board of Directors is ultimately responsible for program administration.

A. Funding: It is mutually agreed by and between the City and the Developer that the total HOME funds available to MHRS for this project will be $176,144.22, in the form of a forgivable development subsidy loan, to be used as set forth in the sections entitled Budget and Method of Payment.

B. Budget: The City shall pay the Developer as hereinafter set out; the maximum of $176,144.22 for the program described in this contract. A developer fee in the amount of 10% of the total development cost will be paid to the Developer in connection with each completed project. The developer fee will be pre-determined at the onset of the construction of each home, and will be paid upon the closing of the sale of each individual home. Proceeds from the sale of homes, less the aforementioned developer fee, and applicable costs will be returned to the City, in the form of a payoff of development subsidy loans provided under this agreement. Contract payments over and above the original budgeted amount are contingent upon the sale of completed homes/projects, and extended grant authority as a result of repayments generated by the sale of completed homes. Extended grant authority may be utilized to develop additional housing units under the terms of this agreement, and can be provided in the form of entitlement funding or program income. Extended grant authority may not exceed the amount of repayments generated by the sale of completed homes. Funding under this agreement shall be originally budgeted as follows:

Contractual Expenses: (Acquisition, Demolition, Construction Expenses, Eligible Project Soft Costs deemed necessary and as approved by the Department of Housing and Community Services, Site Improvements, 10% Developer Fee.)

$176,144.22

TOTAL $176,144.22 3

304

Mennonite Housing Rehablitation Services, Inc.

______Signature

Title of Officer Date

CITY OF WICHITA

By______Carl Brewer, Mayor Date

ATTEST:

______Karen Sublett, City Clerk

______Date

Approved as to Form:

______Gary E. Rebenstorf, City Attorney Date and Director of Law of the City of Wichita

305 Agenda Item No.II-8 City of Wichita City Council Meeting December 10, 2013

TO: Mayor and City Council

SUBJECT: Sidewalk Repair and Cleaning Assessment Program (All Districts)

INITIATED BY: Department of Public Works & Utilities

AGENDA: Consent

Recommendation: Approve the assessments and place the ordinances on first reading.

Background: State law and City policy provide that sidewalk maintenance is the responsibility of abutting property owners. When sidewalk trip hazards are identified, property owners are required to either clean or repair the sidewalk as appropriate. Sidewalk repairs must be completed by a licensed contractor or the City’s contractor. Property owners utilizing the City’s contractor have the opportunity to spread the repair cost over a five-year period as a special assessment.

Sidewalks are condemned in all districts and listed in a logical order for the contractor to repair. The attached lists include sidewalk repairs completed in all districts and sidewalk cleaning completed in District III.

Analysis: Ordinances have been prepared establishing authority to use special assessment funding for the repaired and cleaned sidewalks.

Financial Considerations: Statements of Charges will be mailed to the property owners on December 20, 2013. Assessments paid within 30 days of the statement date are not charged interest. If unpaid, the principal and interest will be spread over a five-year period and placed on the 2014 tax roll.

Legal Considerations: The ordinances have been reviewed and approved as to form by the Law Department.

Recommendation/Action: It is recommended that the City Council approve the proposed assessments and place the ordinances on first reading.

Attachments: Property lists for special assessments and ordinances.

306 Geo Code# PIN # Property Address Total Cost District A-00038 00099071 155 N Broadway $790.53 6 A-00084 00099181 258 N Market (on 1st) $1,021.58 6 A-00226 00099473 parking lot south of 221 N Main $176.68 6 A-00232 00099486 parking lot south of 255 N Main $901.30 6 A-01546 00100836 1030 N Market $388.75 6 A-05522 00105859 124 S Main (on William) $1,325.88 1 A-05526 00105865 123 S Market (on William) $1,966.78 1 A-08778-59 00109656 142 W 31st St S $34.00 3 A-08778-31A1 00109686 134/138 W 31st St S $377.70 3 A-11403 00112246 808 W 25th St N $598.70 6 A-12476 00112497 3126 S Waco $736.40 3 A-12490 00112511 3126 S Wichita (on 31st) $277.40 3 A-15905-1 00116112 301 N Main $1,517.55 6 A-16059 00116335 3149 S Old Lawrence Rd $1,038.20 3 A-16236 00116532 1005 N Market $261.25 6 A-17349 00118012 130 W 31st St S $331.80 3 B-00273 00118816 400 E Douglas (on Topeka) $247.65 6 B-07088 00126646 530 S Lulu $139.70 1 B-07089 00126647 534 S Lulu $270.60 1 B-07091 00126649 542 S Lulu (vacant lot) $209.40 1 B-07093 00126651 550 S Lulu $143.10 1 B-07100 00126658 529 S Lulu $360.70 1 B-07101 00126660 533 S Lulu $224.70 1 B-07102-1 00126662 535 S Lulu $189.00 1 B-07103 00126663 537 S Lulu $197.50 1 B-07104-1 00126666 539 S Lulu (on Orme) $599.98 1 B-07335 00126924 1104 S Ellis $342.00 1 B-07337 00126926 1114 S Ellis $555.50 1 B-07381 00126972 1126 S Ellis $219.60 1 B-07382 00126973 1130 S Ellis $206.00 1 B-07383-1 00126974 1140 S Ellis $141.40 1 B-07384 00126976 1146 S Ellis $478.00 1 B-07394 00126987 1101 S Ellis $197.50 1 B-07395 00126988 1107 S Ellis $139.70 1 B-07396 00126989 1111 S Ellis $143.10 1 B-07421 00127020 1131 S Ellis $207.70 1 B-07424 00127023 1141 S Ellis $138.00 1 B-07430 00127029 1113 S Ellis $411.70 1

307 B-07800 00127431 1421 E Saint John (on Ellis) $138.00 1 B-07807 00127439 1351 S Ellis (on Zimmerly) $276.13 1 B-07809 00127441 1343 S Ellis $447.40 1 B-07832 00127468 1302 S Ellis $274.00 1 B-07833 00127469 1306 S Ellis $413.40 1 B-07834 00127470 1310 S Ellis $151.60 1 B-07835 00127471 1318 S Ellis $265.50 1 B-07839 00127475 1340 S Ellis $548.30 1 B-07841 00127477 1344 S Ellis $469.50 1 B-07843 00127478 1350 S Ellis $207.70 1 B-07844-A 00127479 1356 S Ellis $132.90 1 B-07941 00127583 1554 S Ida (on Harry) $839.20 1 B-08076 00127729 1403 S Ellis $280.38 1 B-08077 00127730 1409 S Ellis $172.00 1 B-08078 00127731 1413 S Ellis $296.00 1 B-08079 00127732 1417 S Ellis $284.63 1 B-08081 00127734 1435 S Ellis $240.00 1 B-08083 00127736 1439 S Ellis $278.25 1 B-08086 00127739 1445 S Ellis $326.70 1 B-08095 00127752 1402 S Ellis $207.70 1 B-08098-1 00127757 1424 S Ellis $403.20 1 B-08099 00127758 1426 S Ellis $513.70 1 B-08100 00127759 1432 S Ellis $475.20 1 B-08103 00127762 1442 S Ellis $207.70 1 B-08103-1 00127763 1446 S Ellis $838.40 1 B-09018-1 00129160 1115 E Harry $417.65 3 B-09214 00129434 2303 S Lulu $342.00 3 B-09215 00129435 2309 S Lulu $274.00 3 B-09216 00129436 2315 S Lulu $471.20 3 B-09217 00129437 2321 S Lulu $301.20 3 B-09218 00129438 2327 S Lulu $462.70 3 B-09219 00129439 2335 S Lulu $263.10 3 B-09220 00129440 2339 S Lulu $141.40 3 B-09221 00129441 2345 S Lulu $132.90 3 B-09241 00129461 2302 S Lulu $744.90 3 B-09243 00129463 2314 S Lulu $745.50 3 B-09244 00129464 2318 S Lulu $876.78 3 B-09245 00129465 2324 S Lulu $449.10 3

308 B-09246 00129466 2330 S Lulu $503.00 3 B-09247 00129467 2334 S Lulu $487.10 3 B-09248 00129468 2342 S Lulu $197.50 3 C-03804 00139949 3800 E Douglas $380.25 2 C-03955 00140106 145 N Bluff $257.00 2 C-03956 00140107 141 N Bluff $29.75 2 C-03957 00140108 135/137 N Bluff $291.00 2 C-03958 00140109 133 N Bluff $390.88 2 C-04870 00141134 3900 E Douglas $271.88 2 C-04870-A 00141135 112 N Bluff $303.75 2 C-04921 00141189 311 N Broadview $141.40 2 C-04923 00141191 317 N Broadview $143.10 2 C-04925 00141193 331 N Broadview $143.10 2 C-04937 00141206 SE corner of Broadview & 1st $388.75 2 C-04938 00141207 340 N Broadview $457.25 2 C-04939 00141208 324 N Broadview $390.88 2 C-04941 00141210 312 N Broadview $622.50 2 C-04942 00141211 308 N Broadview $423.88 2 C-04975 00141246 130 N Bluff $601.25 2 C-04977 00141248 136 N Bluff $388.75 2 C-04978 00141249 140 N Bluff $361.13 2 C-04980 00141251 154 N Bluff $898.33 2 C-05846 00150163 404 S Poplar $289.70 1 C-05848 00150165 416 S Poplar $204.30 1 C-11186 00156830 401 N Pinecrest $272.30 2 C-16187 00161747 4816 E Morris $206.00 3 C-16195 00161754 4815 E Morris $818.00 3 C-16197 00161756 4827 E Morris $716.00 3 C-16198 00161757 4835 E Morris $161.20 3 C-21370 00166755 604 S Lexington $206.00 3 C-21404 00166789 601 S Waverly (on Orme) $1,096.80 3 C-23525 00169065 4001 E Mt Vernon (on Bluff) $413.40 3 C-23542 00169082 4000 E Clark (on Bluff) $342.00 3 C-23559 00169099 4001 E Clark (on Bluff) $814.60 3 C-23593 00169133 4001 E Bellaire (on Bluff) $211.10 3 C-23961 00169494 6138 E Castle (on Woodlawn) $138.00 3 C-23970 00169503 1011 S Woodlawn $197.50 3 C-23971 00169504 1017 S Woodlawn $10.20 3

309 C-23973 00169506 1029 S Woodlawn $472.90 3 C-23974 00169507 1035 S Woodlawn $432.10 3 C-23976 00169510 1047 S Woodlawn $202.60 3 C-23977 00169511 1053 S Woodlawn $274.00 3 C-23978 00169512 1059 S Woodlawn $204.30 3 C-23979 00169513 1061 S Woodlawn $131.20 3 C-24293 00169749 1139 S Woodlawn $335.20 3 C-24294 00169750 1135 S Woodlawn $353.60 3 C-24296 00169752 1127 S Woodlawn $414.30 3 C-24297 00169753 1123 S Woodlawn $289.30 3 C-24298 00169754 1119 S Woodlawn $226.40 3 C-24299 00169755 1115 S Woodlawn $336.90 3 C-24301 00169757 1105 S Woodlawn $138.00 3 C-24302 00169758 1101 S Woodlawn $357.30 3 C-24954 00170391 5421 E Kinkaid (on Ridgewood) $559.60 3 C-24955 00170392 2219 S Ridgewood $126.10 3 C-24956 00170393 2223 S Ridgewood $413.40 3 C-24957 00170394 2225 S Ridgewood $207.70 3 C-24958 00170395 2231 S Ridgewood $376.00 3 C-24959 00170396 2233 S Ridgewood $127.80 3 C-24961 00170398 2251 S Ridgewood $274.00 3 C-24962 00170399 2255 S Ridgewood $209.40 3 C-24963 00170400 2257 S Ridgewood $207.70 3 C-24964 00170401 2260 S Old Manor (on Ridgewood) $138.00 3 C-25406 00170807 2371 S Pershing (on Pawnee) $379.40 3 C-27567-1 00173005 4845 E Morris $498.40 3 C-28668 00174024 4626 E Pawnee $338.60 3 C-28668-1 00174025 4618 E Pawnee $195.80 3 C-28669 00174026 4600 E Pawnee $620.80 3 C-36089 00180995 6600 E Zimmerly Ct $833.30 2 C-36090 00180996 6604 E Zimmerly Ct $148.20 2 C-36091 00180997 6608 E Zimmerly Ct $398.10 2 C-36092 00180998 6612 E Zimmerly Ct $421.90 2 C-36093 00180999 6616 E Zimmerly Ct $166.90 2 C-36094 00181000 6620 E Zimmerly Ct $107.40 2 C-36095 00181001 6624 E Zimmerly Ct $206.00 2 C-36096 00181002 6628 E Zimmerly Ct $234.50 2 C-36099 00181005 6640 E Zimmerly Ct $206.00 2

310 C-36100 00181006 6644 E Zimmerly $139.70 2 C-36260 00181178 1000 S Woodlawn $325.00 3 D-00269-UP 00198337 415 N Tyler $260.40 5 D-00272-UP 00198343 535 N Tyler $342.00 5 D-00274-UP 00198348 427 N Tyler $136.30 5 D-04018-3 00203709 126 N Saint Paul $236.60 6 D-04018-2A 00203714 162 N Saint Paul $961.23 6 D-04018-2B 00203715 158 N Saint Paul $328.40 6 D-04018-2D 00203717 148 N Saint Paul $157.40 6 D-04018-2F 00203719 138 N Saint Paul $244.80 6 D-04018-2G 00203720 132 N Saint Paul $156.70 6 D-05596-2 00205844 1616 S Millwood $25.50 4 D-05596-3 00205845 1620 S Millwood $321.50 4 D-05596-3A 00205846 1626 S Millwood $343.70 4 D-05597 00205847 1632 S Millwood $223.00 4 D-05597-AB 00205849 1642 S Millwood $206.00 4 D-05597-A 00205850 1648 S Millwood $330.10 4 D-05611 00205868 1621 S Millwood $267.20 4 D-05615 00205873 1645 S Millwood $136.30 4 D-05617 00205875 1651 S Millwood $270.60 4 D-05617-1 00205876 1657 S Millwood $209.40 4 D-06122-23-A 00206781 3535 W Douglas $4,731.40 4 D-06440 00207259 1901 S Millwood $206.00 4 D-06443 00207262 1913 S Millwood $153.30 4 D-06444 00207263 1917 S Millwood $224.70 4 D-06445 00207264 1921 S Millwood $231.50 4 D-06446 00207265 1925 S Millwood $483.10 4 D-06447 00207266 1929 S Millwood $233.20 4 D-06448 00207267 1933 S Millwood $138.00 4 D-06449 00207268 1937 S Millwood $506.20 4 D-06495 00207315 1627 W Dora (on Millwood) $206.00 4 D-06496 00207316 1904 S Millwood $204.30 4 D-06498 00207318 1912 S Millwood $275.70 4 D-06499 00207319 1916 S Millwood $268.90 4 D-06500 00207320 1920 S Millwood $378.50 4 D-06501 00207321 1924 S Millwood $274.00 4 D-08294 00209177 3157 S Elizabeth $480.50 4 D-08295 00209178 3151 S Elizabeth $347.10 4

311 D-08296 00209179 3145 S Elizabeth $494.15 4 D-08298 00209181 3133 S Elizabeth $207.70 4 D-08299 00209182 3127 S Elizabeth $331.80 4 D-08300 00209183 3121 S Elizabeth $268.90 4 D-08301 00209184 3115 S Elizabeth $174.50 4 D-08303 00209186 1501 W 30th St S (on Elizabeth) $680.30 4 D-11086 00212257 737 W 31st S (on Osage) $275.70 4 D-11092 00212263 3250 S Osage $155.00 4 D-11104 00212275 3209 S Osage $221.30 4 D-11105 00212276 3217 S Osage $221.30 4 D-11106 00212277 3225 S Osage $309.70 4 D-11108 00212279 3241 S Osage $233.20 4 D-11112 00212283 3301 S Osage $221.30 4 D-17673 00218892 838 N Colorado $138.00 6 D-17675-1 00218895 830 N Colorado $275.70 6 D-17676 00218896 826 N Colorado $139.70 6 D-17678 00218898 818 N Colorado $139.70 6 D-17679 00218899 814 N Colorado $420.20 6 D-17680 00218900 810 N Colorado $138.00 6 D-17681 00218901 806 N Colorado $488.20 6 D-17682 00218902 802 N Colorado $1,020.30 6 D-17716 00218929 801 N Colorado (on Murdock) $138.00 6 D-17717 00218930 805 N Colorado $272.30 6 D-17718 00218931 809 N Colorado $231.50 6 D-17719 00218932 813 N Colorado $251.90 6 D-17721 00218934 821 N Colorado $151.60 6 D-17722 00218935 825 N Colorado $260.40 6 D-17725 00218938 837 N Colorado $413.40 6 D-17726 00218939 841 N Colorado $207.70 6 D-22228 00223176 7393 W Central (on Ridge Rd) $271.88 5 D-22282 00223215 454 N Acadia (on Ridge Rd) $56.10 5 D-22287 00223220 420 N Acadia (on Ridge Rd) $245.10 5 D-22530 00223465 1054 N Acadia (on Ridge Rd) $155.00 5 D-22532 00223467 1034 N Acadia (on Ridge Rd) $156.70 5 D-22539 00223474 980 N Acadia (on Ridge Rd) $221.30 5 D-22540 00223475 974 N Acadia (on Ridge Rd) $54.40 5 D-22546 00223481 938 N Acadia (on Ridge Rd) $143.10 5 D-22549 00223484 918 N Acadia (on Ridge Rd) $155.00 5

312 D-22568 00223505 800 N Denmark (on Ridge Rd) $149.90 5 D-22604 00223544 919 Wilbur $240.00 5 D-22606 00223546 907 Wilbur $325.00 5 D-22607 00223547 901 Wilbur $155.00 5 D-22621 00223561 925 Acadia (on Wilbur) $155.00 5 D-22622 00223562 908 Wilbur $287.60 5 D-22623 00223563 914 Wilbur $418.50 5 D-22624 00223564 924 Wilbur $153.30 5 D-22625 00223565 932 Wilbur $156.70 5 D-22626 00223566 938 Wilbur $386.20 5 D-23546 00224304 1121 N Summitlawn (on Ridge Rd) $155.00 5 D-23547 00224305 1117 N Summitlawn (on Ridge Rd) $165.20 5 D-23553 00224311 1249 N Summitlawn (on Ridge Rd) $155.00 5 D-23554 00224312 1241 N Summitlawn (on Ridge Rd) $229.80 5 D-23556 00224314 1225 N Summitlawn (on Ridge Rd) $240.00 5 D-23557 00224315 1217 N Summitlawn (on Ridge Rd) $155.00 5 D-23565 00224322 1349 N Summitlawn (on Ridge Rd) $134.60 5 D-23566 00224323 1341 N Summitlawn (on Ridge Rd) $146.50 5 D-23567 00224324 1331 N Summitlawn (on Ridge Rd) $258.70 5 D-23568 00224325 1325 N Summitlawn (on Ridge Rd) $418.50 5 D-23570 00224327 1309 N Summitlawn (on Ridge Rd) $433.80 5 D-23688 00224434 1324 N Brunswick Ct (on Ridge Rd) $141.40 5 D-27065 00227904 2 W Rolling Hills (on Tyler) $138.00 5 D-27088 00227928 1 W Rolling Hills (on Tyler) $666.70 5 D-27448 00228313 2757 S Glenn $1,045.38 4 D-29254 00230253 7210 W Central (on Ridge Rd) $378.55 5 D-29822 00230884 100 S Ridge Rd $668.40 5 D-29880 00230942 Reserve A, 100 block N Ridge Rd $240.00 5 D-29992 00231055 734 N Ridge Rd $1,321.80 5 D-30054 00231136 7109 W 11th St N (on Ridge Rd) $488.20 5 D-30137 00231243 1680 N Murray (on Westfield) $282.50 5 D-30139 00231245 1649 N Westfield $139.70 5 D-30141 00231247 1635 N Westfield $223.00 5 D-30142 00231248 1629 N Westfield $646.30 5 D-30143 00231249 1623 N Westfield $51.00 5 D-30168 00231274 1682 N Westfield $136.30 5 D-30170 00231276 1670 N Westfield $144.80 5 D-30171 00231277 1664 N Westfield $207.70 5

313 D-30174 00231280 1642 N Westfield $488.20 5 D-30175 00231281 1616 N Westfield $518.80 5 D-31132-1 00232459 502 N Acadia (on Ridge Rd) $34.00 5 D-35430 00237103 1408 N Shefford $325.00 5 D-35804 00237488 660 N Ridge Rd (north of drive) $625.90 5 D-35805 00237489 660 N Ridge Rd (south of drive) $299.50 5 C-35806 00237490 556 N Ridge Rd $716.00 5 between Newell & 1st to N 550 N Ridge D-35806-2 00237492 Rd $269.75 5 D-37081 00238978 529 N Tyler $158.40 5 D-38285 00240490 1617 W Harry (on Millwood) $573.20 4 D-40018 00242694 416 N Ridge Rd $151.60 5 D-42517 00245379 1011 N Pine Grove (on 119th W) $288.88 5 D-42556 00245418 915 N Pine Grove (on 119th W) $271.88 5 D-42563 00245425 831 N Pine Grove (on 119th W) $174.13 5 D-42565 00245427 823 N Pine Grove (on 119th W) $189.00 5 D-42569 00245431 807 N Pine Grove (on 119th W) $176.25 5 D-42570 00245432 803 N Pine Grove (on 119th W) $1,349.25 5 D-44525 00247473 11813 W Lost Creek Ct (on 119th W) $382.38 5 D-46609 00249589 10850 W 21st St N $1,264.25 5 D-46856 00249854 3104 N Forest Lakes $151.60 5 D-46858 00249857 3112 N Forest Lakes $156.70 5 D-46860 00249859 7606 W Shadow Lakes $663.20 5 D-46861 00249860 7610 W Shadow Lakes $254.00 5 D-46870 00249869 3126 N Tee Time $396.40 5 D-46871 00249870 3130 N Tee Time $11.90 5 D-46883 00249882 3234 N Lakecrest $267.20 5 D-46884 00249883 3335 N Wild Rose (south side of house) $204.30 5 D-46906 00249907 3123 N Wild Rose $161.80 5 D-46910 00249911 3107 N Wild Rose $155.00 5 D-46917 00249918 3011 N Wild Rose $229.80 5 D-46919 00249920 3003 N Wild Rose $701.10 5 D-47040 00250044 3229 N Lakecrest $134.60 5 D-47057 00250061 3226 N Tee Time $430.60 5 Reserve B (Forest Lakes St btwn 29th N D-47080 00250090 & 3006-3048 Forest Lakes Ct) $1,091.70 5 Reserve H (between 29th N & 3003 D-47086 00250098 Wild Rose) $506.90 5 D-50711 00451481 Lot west of 10758 W 21st St N $1,986.75 5 D-50924 00452902 3109 Ridge Port $255.30 5

314 D-53528 00468051 Reserve C, N of swimming pool, on Hayden $234.90 5 D-53552 00468138 13409 W Links Ct $422.75 5 C-53407 00476572 536 S Lightner (on Orme) $1,787.85 3 D-54770 00488790 11717 W Central Park $375.00 5 D-22227-5A 00503995 601 N Ridge Rd $291.00 5 C-58722 00523355 2042 S Sierra Hills $383.00 2 C-58723 00523356 Vac lot SE Sierra Hills & Sierra Hills Ct $168.60 2 Reserve A, S of 1069 N 119th Ct on D-58032 00527940 119th W $503.50 5 D-58279 00529113 437 N Tyler $134.60 5 C-59573 00531486 13150 Camden Chase $325.00 2 A-19686-1 00565165 vacant lot at 4401 N Meridian $370.90 6 C-62937 00583543 2433 N Graystone $660.75 2 B-14241-1-1 30002804 801 E Douglas (on Rock Island) $2,702.63 1

PIN # Geo Code # Property/Location Total Cost District #

130976 B-10728 1427 E Donnell $221.19 3

315 132100 6 Affidavits 6734 A845511418

Published In The Wichita Eagle on December 20, 2013

ORDINANCE NO. 49-636

AN ORDINANCE MAKING A SPECIAL ASSESSMENT TO PAY FOR THE IMPROVEMENT OF AND PROVIDING A TAX LEVY FOR THE COST OF CONSTRUCTION OF SIDEWALKS IN THE CITY OF WICHITA, KANSAS.

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

SECTION 1. That the sum set opposite each of the following lots, pieces, tracts and parcels of land or ground herein specified, be and the same are hereby levied to pay the cost of construction of sidewalks abutting the same:

Legal of Parcel in Benefit District Assessment

LOTS 41-43-45-47 LAWRENCE AVE. GRIEFFENSTEIN ORIGINAL TOWN 790.53 LOTS 92-94-96 MARKET ST. GREIFFENSTEIN'S ORIGINAL TOWN ADD. 1021.58 LOT 59 & S 1/2 LOT 61 MAIN ST. GREIFFENSTEIN'S ORIGINAL TOWN 176.68 LOT 79 MAIN ST. GREIFFENSTEIN'S ORIGINAL TOWN ADD. 901.30 N1/4 LOT 158 ALL LOTS 160-162-164- 166-168-170-172-174-176- 388.75 178 MARKET ST. HYDE & FERRELL'S ADD. LOTS A-B MAIN ST. RES. IN GREIFFENSTEIN'S ADD. 1325.88 LOTS G-H-I-J EXC N 9.51 FT E 127 FT LOT J & W 20 FT LOTS K & 1966.78 L MARKET ST. RES. IN GREIFFENSTEIN'S ADD. S 365.64 FT E 119.63 FT S 1/2 SW 1/4 SE 1/4 ALSO DESCRIBED 34.00 AS ONE ACRE OFF OF E SIDE OF S1/2 SW1/4 SE1/4 SEC 5-28-1E BEG 1201.8 FT W SE COR SE1/4 TH W 117.54 FT N 131.5 FT E 377.70 117.54 FT S 131.5 FT TO BEG EXC S 50 FT FOR RD SEC 5-28-1E LOT 4 & E1/2 VAC MASCOT ADJ BLOCK C WOODLAND HEIGHTS ADD. 598.70 LOT 7 BLOCK 5 LOUIS 8TH. ADD. 736.40 LOT 7 BLOCK 6 LOUIS 8TH. ADD. 277.40 PT BLOCK 2 BEG SE COR W 248.08 FT NWLY ALG WLY LI 486.38 1517.55 FT E 571.78 FT TO E LI S 345.26 FT TO BEG. ADMINISTRATIVE CENTER LOT 1 CAZEL'S 4TH. ADDITION 1038.20 LOT 1 THE AMIDON HOUSE ADD. 261.25 LOT 1 BLOCK A GANN 1ST ADD. 331.80 LOTS 22-24 DOUGLAS AVE. J. R. MEAD'S ADD. 247.65 LOTS 21-22 KELLOGG ST. ADD. 139.70 LOTS 23-24 KELLOGG ST. ADD. 270.60 LOTS 27-28 KELLOGG ST. ADD. 209.40

316 LOTS 31-32 KELLOGG ST. ADD. 143.10 S 54 FT LOT 44 KELLOGG ST. ADD. 360.70 LOTS 45-46 KELLOGG ST. ADD. 224.70 E 150 FT LOTS 47-48 LULU STREET KELLOGG ST. ADD. 189.00 E 126 FT LOTS 49-50 KELLOGG ST. ADD. 197.50 E 140 FT LOT 51 EXC W 14 FT & E 140 FT N 19 FT LOT 52 EXC W 599.98 14 FT LULU AVE. KELLOGG ST. ADD. S 11 3/4 FT LOT 12 - ALL LOT 14 ELLIS AVE HARSHA & KEENAN'S ADD. 342.00 LOTS 20-22 ELLIS AVE. HARSHA & KEENAN'S ADD. 555.50 LOTS 2-4 ELLIS AVE AMIDON'S ADD. 219.60 LOTS 6-8-10 ELLIS AVE. AMIDON'S ADD. 206.00 LOTS 12-14 ELLIS AVE. AMIDON'S ADD. 141.40 LOTS 18-20 ELLIS AVE AMIDONS ADD 478.00 S 32 1/2 FT LOT 10 - ALL LOT 12 FREDERICK DUBOIS ADD. 197.50 LOTS 14-16 FREDERICK DUBOIS ADD. 139.70 LOTS 18-20 FREDERICK DUBOIS ADD. 143.10 LOTS 1-2 BLOCK 2 HUSTON & SMITH'S ADD. 207.70 LOTS 7-8 BLOCK 2 HUSTON & SMITH'S ADD. 138.00 LOTS 1-2 BLOCK 1 HUSTON & SMITH'S ADD. 411.70 N 1/2 LOTS 17-19-21-23 ST JOHN ST. LINCOLN ST. ADD. 138.00 S 50 FT LOTS 18-20-22-24 ZIMMERLY AVE LINCOLN ST. ADD. 276.13 N 40 FT LOTS 18-20-22-24 ZIMMERLY AVE. LINCOLN ST. ADD. 447.40 LOTS 50-52 ELLIS AVE. LINCOLN ST. ADD. 274.00 LOTS 54-56 ELLIS AVE LINCON ST. ADD. 413.40 LOTS 58-60 ELLIS AVE LINCOLN ST. ADD. 151.60 LOTS 62-64 ELLIS AVE. LINCOLN ST. ADD. 265.50 LOTS 80-82 ELLIS AVE. LINCOLN ST. ADD. 548.30 LOTS 84-86 ELLIS AVE. LINCOLN ST. ADD. 469.50 LOTS 88-90 ELLIS AVE. LINCOLN ST. ADD. 207.70 W 80 FT LOTS 92-94-96 ELLIS AVE. LINCOLN ST. ADD. 132.90 LOTS 94-96 IDA AVE. MC CORMICK'S ADD. 839.20 LOTS 1-3-5-7 ELLIS AVE. MC CORMICK'S ADD. 280.38 LOTS 9-11 ELLIS AVE. MC CORMICK'S ADD. 172.00 LOTS 13-15 ELLIS AVE MCCORMICK'S ADD 296.00

SECTION 2. That the sum set opposite each of the following lots, pieces, tracts and parcels of land or ground herein specified, be and the same are hereby levied to pay the cost of construction of sidewalks abutting the same:

LOTS 17-19 ELLIS AVE. MC CORMICKS ADD. 284.63 LOTS 25-27 ELLIS AVE. MC CORMICK'S ADD. 240.00 LOTS 33-35 ELLIS AVE. MC CORMICK'S ADD. 278.25 LOTS 45-47 ELLIS AVE. MC CORMICK'S ADD. 326.70 LOTS 2-4 ELLIS AVE MC CORMICK'S ADD 207.70 LOTS 22-24 ELLIS MC CORMICK'S ADD. 403.20 LOTS 26-28 ELLIS AVE. MC CORMICK'S ADD. 513.70 317 LOTS 30-32 ELLIS AVE MC CORMICK'S ADD. 475.20 LOTS 42-44 ELLIS AVE. MC CORMICK'S ADD. 207.70 LOTS 46-48 ELLIS AVE. MC CORMICK'S ADD. 838.40 BEG 553 FT E & 30 FT S NW COR NE1/4E 45.8 FT M-L TO W LI R- 417.65 O-W SELY 203.75 FT NWLY 136.4 FT N 139.7 FT TO BEG SEC 33-27-1E LOT 1 BLOCK 2 WOMER-GREER'S 1ST. ADD. 342.00 LOT 3 BLOCK 2 WOMER-GREER'S 1ST. ADD. 274.00 LOT 5 BLOCK 2 WOMER-GREER'S 1ST. ADD. 471.20 LOT 7 BLOCK 2 WOMER-GREER'S 1ST. ADD. 301.20 LOT 9 BLOCK 2 WOMER-GREER'S 1ST ADD. 462.70 LOT 11 BLOCK 2 WOMER-GREER'S 1ST. ADD. 263.10 LOT 13 BLOCK 2 WOMER-GREER'S 1ST. ADD. 141.40 LOT 15 BLOCK 2 WOMER-GREER'S 1ST. ADD. 132.90 LOT 2 BLOCK 3 WOMER-GREER'S 1ST. ADD. 744.90 LOT 6 BLOCK 3 WOMER-GREER'S 1ST. ADD. 745.50 LOT 8 BLOCK 3 WOMER-GREER'S 1ST. ADD. 876.78 LOT 10 BLOCK 3 WOMER-GREER'S 1ST. ADD. 449.10 LOT 12 BLOCK 3 WOMER-GREER'S 1ST. ADD. 503.00 LOT 14 BLOCK 3 WOMER-GREER'S 1ST. ADD. 487.10 LOT 16 BLOCK 3 WOMER-GREER'S 1ST. ADD. 197.50 LOT 4 EXC N 39 FT - ALL LOT 7 BLOCK 4 COLLEGE HILL ADD. 380.25 EXEMPT 6486-0 EXEMPT 1338-87-TX - PARSONAGE LOT 9 & N 15 FT LOT 11 BLUFF AVE. WALLINGFORD ADD. 257.00 S 10 FT LOT 11-ALL LOT 13 & N 15 FTLOT 15 BLUFF AVE. WALLINGFORD ADD 29.75 S 10 FT LOT 15-ALL LOT 17 & N 20 FTLOT 19 BLUFF AVE. WALLINGFORD ADD. 291.00 S 5 FT LOT 19-ALL LOTS 21-23 BLUFF AVE. WALLINGFORD ADD. 390.88 S 100.5 FT OF LOTS 1-2 HOCKADAY & ROGERS ADD. 271.88 N 54.5 FT S 155 FT LOTS 1-2 HOCKADAY & ROGER'S ADD. 303.75 N 3 FT LOT 14 & S 1/2 LOT 16 SMALL'S ADD. 141.40 S 1/2 LOT 18 SMALL'S ADD. 143.10 S 1/2 LOT 20 SMALL'S ADD. 143.10 EVEN LOTS 50 TO 60 INC. BROADVIEW AVE. HAGNY'S REPLAT 388.75 LOTS 62-64-66 BROADVIEW AVE. HAGNY'S REPLAT 457.25 LOTS 68-70-72 BROADVIEW AVE. HAGNY'S REPLAT 390.88 LOTS 80-82-84 BROADVIEW AVE. HAGNY'S REPLAT 622.50 LOTS 86-88-90 BROADVIEW AVE. HAGNY'S REPLAT 423.88 LOTS 2-4 BLUFF AVE. ROGERS COLLEGE HILL TERRACE ADD. 601.25 LOTS 10-12 BLUFF AVE. ROGERS' COLLEGE HILL TERRACE ADD. 388.75 LOTS 14-16 BLUFF AVE. ROGERS' COLLEGE HILL TERRACE ADD. 361.13 LOTS 22-24 BLUFF AVE. ROGERS COLLEGE HILL TERRACE ADD. 898.33 LOTS 52-54 POPLAR AVE. MC NAIR & SMITH'S ADD. 289.70 LOTS 60-62 POPLAR AVE. MC NAIR & SMITH'S ADD. 204.30 LOT 17 BLOCK 1 CRESTHILL ADD. 272.30 LOT 21 BLOCK C EASTWOOD VILLAGE ADD. 206.00 LOT 3 BLOCK D EASTWOOD VILLAGE ADD. 818.00 LOT 5 BLOCK D EASTWOOD VILLAGE ADD. 716.00

318 LOT 6 BLOCK D EASTWOOD VILLAGE ADD. 161.20 LOT 1 BLOCK 2 PRAIRIE PARK ADD. 206.00 LOT 35 BLOCK 2 PRAIRIE PARK ADD. 1096.80 RES C MEADOWLARK 2ND. ADD. 413.40 LOT 17 MEADOWLARK 3RD. ADD. 342.00 LOT 34 MEADOWLARK 3RD. ADD. 814.60 LOT 34 MEADOWLARK 4TH. ADD. 211.10 E 11 FT LOT 12-ALL LOT 13 BLOCK F REPLAT TROLLOPE-FALLON ADD. 138.00

SECTION 3. That the sum set opposite each of the following lots, pieces, tracts and parcels of land or ground herein specified, be and the same are hereby levied to pay the cost of construction of sidewalks abutting the same:

LOT 9 BLOCK G REPLAT TROLLOPE-FALLON ADD. 197.50 LOT 10 BLOCK G REPLAT TROLLOPE-FALLON ADD. 10.20 LOT 12 BLOCK G REPLAT TROLLOPE-FALLON ADD. 472.90 LOT 13 & N 38 FT LOT 14 BLOCK G REPLAT TROLLOPE-FALLON ADD. 432.10 LOT 15 & S 5.5 FT LOT 14 BLOCK G REPLAT TROLLOPE-FALLON ADD. 202.60 LOT 16 BLOCK G REPLAT TROLLOPE-FALLON ADD. 274.00 LOT 17 BLOCK G REPLAT TROLLOPE-FALLON ADD. 204.30 LOT 18 BLOCK G REPLAT TROLLOPE-FALLON ADD. 131.20 LOT 23 BLOCK 4 LINCOLN HILLS ADD. 335.20 LOT 24 BLOCK 4 LINCOLN HILLS ADD. 353.60 LOT 26 BLOCK 4 LINCOLN HILLS ADD. 414.30 LOT 27 BLOCK 4 LINCOLN HILLS ADD. 289.30 LOT 28 BLOCK 4 LINCOLN HILLS ADD. 226.40 LOT 29 BLOCK 4 LINCOLN HILLS ADD. 336.90 LOT 31 BLOCK 4 LINCOLN HILLS ADD. 138.00 LOT 32 BLOCK 4 LINCOLN HILLS ADD. 357.30 LOT 7 EXC W 8 FT BLOCK E MC ADAM ACRES SECOND ADD. 559.60 LOT 8 BLOCK E MC ADAM ACRES SECOND ADD. 126.10 LOT 9 BLOCK E MC ADAM ACRES 2ND. ADD. 413.40 LOT 10 BLOCK E MC ADAM ACRES 2ND. ADD. 207.70 LOT 11 BLOCK E MC ADAM ACRES SECOND ADD. 376.00 LOT 12 BLOCK E MC ADAM ACRES SECOND ADD. 127.80 LOT 14 BLOCK E MC ADAM ACRES SECOND ADD. 274.00 LOT 15 BLOCK E MC ADAM ACRES SECOND ADD. 209.40 LOT 16 BLOCK E MC ADAM ACRES SECOND ADD. 207.70 LOT 17 BLOCK E MC ADAM ACRES SECOND ADD. 138.00 LOT 5 HARPER'S ADD. 379.40 LOTS 14-15 J & G REPLAT IN EASTWOOD VILLAGE 498.40 LOT 3 EXC W 66 FT JESTER ADD 338.60 W 66 FT LOT 3 JESTER ADD. 195.80 LOT 4 JESTER ADD. 620.80 LOT 1 BLOCK 2 EASTLINK VILLAGE ADD. 833.30 319 LOT 2 BLOCK 2 EASTLINK VILLAGE ADD. 148.20 LOT 3 BLOCK 2 EASTLINK VILLAGE ADD. 398.10 LOT 4 BLOCK 2 EASTLINK VILLAGE ADD. 421.90 LOT 5 BLOCK 2 EASTLINK VILLAGE ADD. 166.90 LOT 6 BLOCK 2 EASTLINK VILLAGE ADD. 107.40 LOT 7 BLOCK 2 EASTLINK VILLAGE ADD. 206.00 LOT 8 BLOCK 2 EASTLINK VILLAGE ADD. 234.50 LOT 11 BLOCK 2 EASTLINK VILLAGE ADD. 206.00 LOT 12 BLOCK 2 EASTLINK VILLAGE ADD. 139.70 LOT 1 MORLEY'S 1ST. ADD. 325.00 BEG 794.2 FT N SE COR NE1/4 W 230 FT N 94.7 FT E 230 FT S TO 260.40 BEG EXC E 50 FT FOR RD SEC 20-27-1W BEG 972.45FT S OF NE COR NE1/4 W 230FT S 94.7FT E 230FT N 342.00 TO BEG. E 40 FT FOR RD. SEC 20-27-1W BEG 888.9 FT N SE COR NE 1/4 W 230 FT N 94.7 FT E 230 FT S 136.30 TO BEG EXC E 40 FT RD SEC 20-27-1W LOTS 35-36 BLOCK 4 ACADEMY PARK ADD. 236.60 LOTS 21-22 BLOCK 4 ACADEMY PARK ADD. 961.23

SECTION 4. That the sum set opposite each of the following lots, pieces, tracts and parcels of land or ground herein specified, be and the same are hereby levied to pay the cost of construction of sidewalks abutting the same:

LOTS 23-24 BLOCK 4 ACADEMY PARK ADD. 328.40 LOTS 27-28 BLOCK 4 ACADEMY PARK ADD. 157.40 LOTS 31-32 BLOCK 4 ACADEMY PARK ADD. 244.80 LOTS 33-34 BLOCK 4 ACADEMY PARK ADD. 156.70 VACATED LOTS 14-16 MILLWOOD AVE BLOCK E PRINCESS ADD 25.50 VACATED LOTS 18-20 MILLWOOD AVE BLOCK E PRINCESS ADD 321.50 VACATED LOTS 22-24 MILLWOOD AVE. BLOCK E PRINCESS ADD 343.70 VACATED LOTS 26-28 MILLWOOD AVE. BLOCK E PRINCESS ADD 223.00 LOTS 34-36 MILLWOOD AVE. BLOCK E PRINCESS ADD 206.00 LOTS 38-40 MILLWOOD AVE. BLOCK E PRINCESS ADD 330.10 LOTS 15-17 MILLWOOD AVE BLOCK F PRINCESS ADD 267.20 LOTS 35-37 MILLWOOD AVE BLOCK F PRINCESS ADD 136.30 LOT 43 MILLWOOD AVE. BLOCK F PRINCESS ADD 270.60 LOTS 45-47 MILLWOOD AVE. BLOCK F PRINCESS ADD. 209.40 BEG 40 FT S OF NW COR SE1/4 SW1/4 S 225 E 325 FT N 225 FT 4731.40 W TO BEG SEC 24-27-1W EXEMPT 7564-0 LOT 103 GARDEN VILLA ADD. 206.00 LOT 106 GARDEN VILLA ADD. 153.30 LOT 107 GARDEN VILLA ADD. 224.70 LOT 108 GARDEN VILLA ADD. 231.50 LOT 109 GARDEN VILLA ADD. 483.10 LOT 110 GARDEN VILLA ADD. 233.20 320 LOT 111 GARDEN VILLA ADD. 138.00 LOT 112 GARDEN VILLA ADD. 506.20 LOT 1 SECOND GARDEN VILLA ADD. 206.00 LOT 2 SECOND GARDEN VILLA ADD. 204.30 LOT 4 SECOND GARDEN VILLA ADD. 275.70 LOT 5 SECOND GARDEN VILLA ADD. 268.90 LOT 6 SECOND GARDEN VILLA ADD. 378.50 LOT 7 SECOND GARDEN VILLA ADD. 274.00 LOT 13 BLOCK H GENE DOUGLAS MATLOCK ADD. 480.50 LOT 14 BLOCK H GENE DOUGLAS MATLOCK ADD. 347.10 LOT 15 BLOCK H GENE DOUGLAS MATLOCK ADD. 494.15 LOT 17 BLOCK H GENE DOUGLAS MATLOCK ADD. 207.70 LOT 18 BLOCK H GENE DOUGLAS MATLOCK ADD 331.80 LOT 19 BLOCK H GENE DOUGLAS MATLOCK ADD. 268.90 LOT 20 BLOCK H GENE DOUGLAS MATLOCK ADD. 174.50 E 79 FT LOTS 21-22 BLOCK H GENE DOUGLAS MATLOCK ADD. 680.30 LOT 1 BLOCK 1 BRENTWOOD ADD. 275.70 LOT 7 BLOCK 1 BRENTWOOD ADD. 155.00 LOT 2 BLOCK 2 BRENTWOOD ADD. 221.30 LOT 3 BLOCK 2 BRENTWOOD ADD. 221.30 LOT 4 BLOCK 2 BRENTWOOD ADD. 309.70 LOT 6 BLOCK 2 BRENTWOOD ADD. 233.20 LOT 10 BLOCK 2 BRENTWOOD ADD. 221.30 LOT 8 BLOCK 1 GALYARDT'S 1ST. ADD. 138.00 W 100 FT LOT 10 BLOCK 1 GALYARDT'S 1ST. ADD. 275.70 LOT 11 BLOCK 1 GALYARDT'S 1ST. ADD. 139.70 LOT 13 BLOCK 1 GALYARDT'S 1ST. ADD. 139.70 LOT 14 BLOCK 1 GALYARDT'S 1ST. ADD. 420.20 LOT 15 BLOCK 1 GALYARDT'S 1ST. ADD. 138.00 LOT 16 BLOCK 1 GALYARDT'S 1ST. ADD. 488.20 LOT 17 BLOCK 1 GALYARDTS 1ST. ADD. 1020.30 LOT 18 BLOCK 2 GALYARDT'S 1ST ADD. 138.00

SECTION 5. That the sum set opposite each of the following lots, pieces, tracts and parcels of land or ground herein specified, be and the same are hereby levied to pay the cost of construction of sidewalks abutting the same:

LOT 19 BLOCK 2 GALYARDT'S 1ST. ADD. 272.30 LOT 20 BLOCK 2 GALYARDT'S 1ST. ADD. 231.50 LOT 21 BLOCK 2 GALYARDT'S 1ST ADD 251.90 LOT 23 BLOCK 2 GALYARDT'S 1ST. ADD. 151.60 LOT 24 BLOCK 2 GALYARDT'S 1ST. ADD. 260.40 LOT 27 BLOCK 2 GALYARDT'S 1ST. ADD. 413.40 LOT 28 BLOCK 2 GALYARDT'S 1ST. ADD. 207.70 LOT 5 EXC N 125 FT E 125 FT & EXC BEG 170.11 FT W SE COR W 271.88 321 TO SW COR N 155 FT M-L SE 51.41 FT E 109.45 FT SE 84.89 FT E 202.61 FT S 60 FT TO BEG & EXC S 45 FT OF E 120 FT & EXC PART DEEDED TO CITY FOR ST BLOCK K MEADOWVIEW ESTATES ADD LOT 4 BLOCK N MEADOWVIEW ESTATES 56.10 LOT 9 BLOCK N MEADOWVIEW ESTATES 245.10 LOT 8 BLOCK 2 COUNTRY ACRES 2ND. ADD. 155.00 LOT 10 BLOCK 2 COUNTRY ACRES 2ND. ADD. 156.70 LOT 6 BLOCK 3 COUNTRY ACRES 2ND. ADD. 221.30 LOT 7 BLOCK 3 COUNTRY ACRES 2ND ADD 54.40 LOT 13 BLOCK 3 COUNTRY ACRES 2ND 143.10 LOT 1 BLOCK 4 COUNTRY ACRES 2ND. ADD. 155.00 LOT 20 EXC ST. CC-17963 BLOCK 4 COUNTRY ACRES 2ND. ADD. 149.90 LOT 5 BLOCK 7 COUNTRY ACRES 2ND. ADD. 240.00 LOT 7 BLOCK 7 COUNTRY ACRES 2ND. ADD. 325.00 LOT 8 BLOCK 7 COUNTRY ACRES 2ND. ADD. 155.00 LOT 3 BLOCK 8 COUNTRY ACRES 2ND 155.00 LOT 4 BLOCK 8 COUNTRY ACRES 2ND. ADD. 287.60 LOT 5 BLOCK 8 COUNTRY ACRES 2ND. ADD. 418.50 LOT 6 BLOCK 8 COUNTRY ACRES 2ND. ADD. 153.30 LOT 7 BLOCK 8 COUNTRY ACRES 2ND. ADD. 156.70 LOT 8 BLOCK 8 COUNTRY ACRES 2ND. ADD. 386.20 LOT 7 BLOCK B COUNTRY ACRES FOURTH ADD. 155.00 LOT 8 BLOCK B COUNTRY ACRES 4TH. ADD. 165.20 LOT 2 BLOCK C COUNTRY ACRES 4TH. ADD. 155.00 LOT 3 BLOCK C COUNTRY ACRES FOURTH ADD. 229.80 LOT 5 BLOCK C COUNTRY ACRES 4TH. ADD. 240.00 LOT 6 BLOCK C COUNTRY ACRES 4TH. ADD. 155.00 LOT 6 BLOCK D COUNTRY ACRES 4TH. ADD. 134.60 LOT 7 BLOCK D COUNTRY ACRES 4TH. ADD. 146.50 LOT 8 BLOCK D COUNTRY ACRES 4TH. ADD. 258.70 LOT 9 BLOCK D COUNTRY ACRES FOURTH ADDITION 418.50 LOT 11 BLOCK D COUNTRY ACRES 4TH. ADD. 433.80 LOT 10 BLOCK D COUNTRY ACRES 3RD. ADD. 141.40 LOT 1 ROLLING HILLS ADD. 138.00 LOT 24 ROLLING HILLS ADD. 666.70 LOT 22 BLOCK 4 GLENN VILLAGE ADD. EXEMPT 1932-1 1045.38 LOT 1 BRUCE ADD. 378.55 LOT 2 BLOCK A WILLO-ESQUE 2ND ADD. 668.40 RES A BLOCK A WILLO-ESQUE SECOND ADD. 240.00 LOT 2 EXC PART DEEDED TO CITY FOR ST BOTTENBERG 2ND. ADD. 1321.80 LOT 1 MINER-LANE 2ND. ADD. 488.20 LOT 12 BLOCK 6 WESTLINK VILLAGE ELEVENTH ADD. 282.50 LOT 14 BLOCK 6 WESTLINK VILLAGE 11TH ADD 139.70 LOT 16 BLOCK 6 WESTLINK VILLAGE 11TH. ADD. 223.00 LOT 17 BLOCK 6 WESTLINK VILLAGE ELEVENTH ADD. 646.30 LOT 18 BLOCK 6 WESTLINK VILLAGE 11TH ADD. 51.00

322 LOT 7 BLOCK 7 WESTLINK VILLAGE ELEVENTH ADD. 136.30 LOT 9 BLOCK 7 WESTLINK VILLAGE 11TH. ADD. 144.80

SECTION 6. That the sum set opposite each of the following lots, pieces, tracts and parcels of land or ground herein specified, be and the same are hereby levied to pay the cost of construction of sidewalks abutting the same:

LOT 10 BLOCK 7 WESTLINK VILLAGE 11TH. ADD. 207.70 LOT 13 BLOCK 7 WESTLINK VILLAGE 11TH. ADD. 488.20 LOT 14 BLOCK 7 WESTLINK VILLAGE ELEVENTH ADD. 518.80 S1/2 LOT 12 BLOCK A CENTRAL HEIGHTS 2ND. ADD. 34.00 LOT 30 BLOCK 3 ECHO HILLS ADD. 325.00 LOT 4 BLOCK 1 CENTRAL-RIDGE ADD. 625.90 LOT 5 BLOCK 1 CENTRAL-RIDGE ADD. 299.50 LOT 6 EXC S 54.04 FT BLOCK 1 CENTRAL-RIDGE ADD. 716.00 S 30.04 FT LOT 6 BLOCK 1 CENTRAL-RIDGE ADD. 269.75 LOT 3 WESTLINK CENTER 2ND. ADDITION 158.40 LOT 1 BLOCK 2 CAZEL'S 6TH. ADD. 573.20 LOT 1 EXC N 370 FT & EXC W 10 FT FOR ST WOODLAND HEIGHTS 2ND ADD 151.60 LOT 3 BLOCK 1 GOLDEN HILLS 5TH. ADD. 288.88 LOT 4 BLOCK 3 GOLDEN HILLS 5TH. ADD. 271.88 LOT 11 BLOCK 3 GOLDEN HILLS 5TH. ADD. 174.13 LOT 13 BLOCK 3 GOLDEN HILLS 5TH. ADD. 189.00 LOT 17 BLOCK 3 GOLDEN HILLS 5TH. ADD. 176.25 LOT 18 BLOCK 3 GOLDEN HILLS 5TH. ADD. 1349.25 LOT 42 LOST CREEK ESTATES 382.38 LOT 1 BLOCK A NORTHWEST CHRISTIAN CHURCH ADD. 1264.25 EXEMPT NO. 94-8552-TX LOT 11 EXC BEG SW COR E 128.79 FT TO SE COR N 28.96 FT 151.60 SW 132.94 FT TO BEG BLOCK 3 FOREST LAKES ADDITION LOT 13 BLOCK 3 FOREST LAKES ADD. 156.70 LOT 15 BLOCK 3 FOREST LAKES ADD. 663.20 LOT 16 BLOCK 3 FOREST LAKES ADD. 254.00 LOT 25 BLOCK 3 FOREST LAKES ADD. 396.40 LOT 26 BLOCK 3 FOREST LAKES ADD. 11.90 LOT 38 BLOCK 3 FOREST LAKES ADD. 267.20 BEG 17 FT W NE COR LOT 39 S 120 FT TO S LI W 68.59 FT NWLY 204.30 113.23 FT TO CUR NELY ALG CUR 83.86FT E 41.72FT TO BEG BLOCK 3 FOREST LAKES ADDITION LOT 61 BLOCK 3 FOREST LAKES ADD. 161.80 LOT 65 BLOCK 3 FOREST LAKES ADD. 155.00 LOT 72 BLOCK 3 FOREST LAKES ADD. 229.80 LOT 74 EXC BEG SW COR TH N 20.7 FT E 36.71 FT SW 41.69 FT 701.10 TO BEG & THAT PART OF RES G BEG NE COR S 26.78 FT W 20.25 FT SW 86.28 FT W 36.71 FT TO NWLY LI RES G TH NE

323 148.84 FT TO BEG FOREST LAKES ADD LOT 1 BLOCK 5 FOREST LAKES ADD. 134.60 LOT 18 & LOT 17 EXC S 60 FT THEREOF BLOCK 5 FOREST LAKES ADDITION 430.60 RESERVE B EXC BEG 62 FT N SW COR LOT 1 TH N ALG EXT LI 1091.70 LOT 1 7.82 FT NE 98.01 FT TO A PT ON N LI RES B SE 3.5 FT TO NE COR SW ALG SE LI 105 FT TO BEG FOREST LAKES ADD RESERVE H FOREST LAKES ADD. 506.90 LOT 9 EXC E 28 FT THEREOF BLOCK 1 NEWMARKET SQUARE ADD 1986.75 LOT 15 BLOCK 4 RIDGE PORT ADD. 255.30 RESERVE C AUBURN HILLS 8TH ADD. 234.90 LOT 23 BLOCK A AUBURN HILLS 9TH ADD. 422.75 LOT 1 EXC E 300 FT N 60 FT THEREOF BLOCK 1 DAVIS-MOORE 1787.85 13TH ADDITION RESERVE A WEST RIDGE ESTATES ADD. 375.00 E 120 FT LOT 4 & S 45 FT E 120 FT LOT 5 BLOCK K 291.00 MEADOWVIEW ESTATES ADD. LOT 1 BLOCK 4 SIERRA HILLS ADD. 383.00 LOT 2 BLOCK 4 SIERRA HILLS ADD. 168.60 RESERVE A WOODS EDGE ADD. 503.50 LOT 1 BLOCK 1 WICHITA FAMILY VISION ADD. 134.60 RES A EXC BEG SE COR LOT 7 BLK 1 TH SELY TO SW COR LOT 325.00 6 BLK 1 TH N 34.22 FT TO WLY COR LOT 6 BLK 1 TH NW ALG CUR 38.78 FT TO ELY COR LOT 7 BLK 1 THE S 34.22 FT TO BEG HAWTHORNE 2ND ADD LOT 1 BLOCK 3 MOORINGS SOUTH ADD 370.90 LOT 1 BLOCK 4 MONARCH LANDING 2ND ADD 660.75 N 170.72 FT LOT 3 UNION STATION ADDITION 2702.63

SECTION 7. The costs of constructing, reconstructing, and repairing abutting sidewalks hereof have been financed out of funds provided for in the maintenance of street general improvement fund. The sums so assessed and apportioned against the several lots and parcels of land as set out in Section 1 hereof and not paid within thirty (30) days from the date of publication of this ordinance shall be collected by special assessment upon the property liable therefor in five installments, the first of said installments to be extended upon the tax roll for the year 2014, and one installment for each year thereafter for the full term of five years, each special installment shall include interest at the rate not to exceed the rate allowed by law and authorized by the City of Wichita Charter Ordinance No. 88 for projects funded from the maintenance of streets general improvement fund. Special assessment installments shall be certified to the County Clerk and shall be levied and collected in the same manner as other taxes.

SECTION 8. This ordinance shall take effect and be in force from and after its passage and publication once in the official City paper.

ADOPTED, at Wichita, Kansas, this 17th day of December, 2013.

324

Carl Brewer, Mayor

ATTEST:

Karen Sublett, City Clerk

(SEAL)

Approved as to form:

Gary E. Rebenstorf, Director of Law

325 132100 6 Affidavits 6741 A848811418

Published In The Wichita Eagle on December 20, 2013

ORDINANCE NO. 49-637

AN ORDINANCE MAKING A SPECIAL ASSESSMENT TO PROVIDE A TAX LEVY FOR THE COST OF SIDEWALK CLEANING IN THE CITY OF WICHITA, KANSAS.

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

SECTION 1. That the sum set opposite each of the following lots, pieces, tracts and parcels of land or ground herein specified, be and the same are hereby levied to pay the cost of sidewalk cleaning:

Legal of Parcel in Benefit District Assessment

LOT 10 BLOCK 12 SCHRADER BROS. 3RD. ADD. 221.19

SECTION 2. The costs of cleaning sidewalks hereof have been financed out of funds provided for in the maintenance of street general improvement fund. The sums so assessed and apportioned against the several lots and parcels of land as set out in Section 1 hereof and not paid within thirty (30) days from the date of publication of this ordinance shall be collected by special assessment upon the property liable therefor in five installments, the first of said installments to be extended upon the tax roll for the year 2014, and one installment for each year thereafter for the full term of five years, each special installment shall include interest at the rate not to exceed the rate allowed by law and authorized by the City of Wichita Charter Ordinance No. 88 for projects funded from the maintenance of streets general improvement fund. Special assessment installments shall be certified to the County Clerk and shall be levied and collected in the same manner as other taxes.

SECTION 3. This ordinance shall take effect and be in force from and after its passage and publication once in the official City paper.

ADOPTED, at Wichita, Kansas, this 17th day of December, 2013.

Carl Brewer, Mayor

ATTEST:

326

Karen Sublett, City Clerk

(SEAL)

Approved as to form:

Gary E. Rebenstorf, Director of Law

327 CONTRACTS &AGREEMENTS BLANKET PURCHASE ORDERS RENEWAL OPTIONS NOVEMBER 2013

COMMODITY TITLE EXPIRATION VENDOR NAME DEPARTMENT ORIGINAL RENEWAL OPTIONS DATE CONTRACT DATES REMAINING Banking SetVices 1113012014 Intrust Bank, NA Finance 1211/2012 ·1113012013 3 • 1 year options Batteries, Automotive and Commercial 11130/2014 Poorman Automotive Warehouse Various 121112011 ·11130/2012 Last option Fuel: Lead Free, Diesel #1 and Diesel #2 1113012014 Andale Farmers Cooperative Various 121112011·11130/2012 Last option Gas Detection Equipment Monitoring & Maintenance 1113012013 Industrial Scientific Corporation PubliC Works &Utilities 121112011 ·11/30/2012 3 • 1 year options Services (Implementation and Program Management for) Preventative Service Maintenance & Inspection for 1113012014 P1 Group, Inc. Housing & Community 1211/12011 ·11130/2012 Last option Chillers, Boilers and Pumps Services & Public Works & Utilities Departments

Solid Deicer for Runways· Sodium Acetate 11/3012014 General Atomics Int'l SetVices Corp dba Cryotech Deicing Airport Authority 121412012 ·1113012013 1 • 1 year option Technology Transportation of Biosolids • Primary Hauter 11130/2014 A·Plus Logistics, LLC PubliC Works & Utilities 1211/2011 ·1113012012 Last option Vending Food Services 1113012014 Premier Food SetVice, Inc. dba Premier Catering Park & Recreation 121112012·1113012013 1 • 1 year option Welding Gases 11130/2014 Wichita Welding Supply, Inc. Various 121112012·11/30/2013 '-- 1· 1 year option ---

PROFESSIONAL CONTRACTS UNDER $25,000 NOVEMBER 2013

VENDOR NAME DOCUMENT NO DOCUMENT TITLE AMOUNT

ANNUAL MAINTENANCE CONTRACTS OVER $25,000 DIRECT PURCHASE ORDERS FOR NOVEMBER 2013

VENDOR NAME DOCUMENT NO DOCUMENT nTLE AMOUNT Blackbaud DP340797 Software Maintenance/SupPOrt $33,562.09 Taser International DP340804 Software Maintenance/Support $25,846.57

328 Agenda Item No. II-10

City of Wichita City Council Meeting December 10, 2013

TO: Mayor and City Council

SUBJECT: Proposed 2014 Contracted Maintenance Program (All Districts)

INITIATED BY: Department of Public Works & Utilities

AGENDA: Consent

Recommendation: Approve the 2014 Contracted Maintenance Program and adopt the resolutions.

Background: Each year, funding is allocated for the contracted repair and maintenance of City streets. The Contracted (Pavement) Maintenance Program (CMP) provides for outsourced street maintenance work, including concrete and asphalt pavement repair and reconstruction, curb and gutter repair and replacement, bridge deck repair and substructure painting, various asphalt surface treatments, crack sealing, and thermal crack repair. The CMP supplements the work performed by City crews and is submitted for the City Council’s approval on an annual basis.

Analysis: The City of Wichita’s paved street network is comprised of more than 5,000 lane-miles of residential, collector and arterial streets and expressways, representing a total paved area in excess of 322 million square feet. In order to cost effectively maintain this vast network of assets, the City supplements the critical preventive, corrective and emergency maintenance efforts of its internal staff, by leveraging the resources and expertise of private contractors.

As proposed, the 2014 program will serve to maintain over 47 lane-miles of arterial streets, and more than 398 lane-miles of residential streets. In addition, the program will address a number of other concerns, including replacing noncompliant wheelchair ramps to meet current Americans with Disabilities Act guidelines, and providing engineering construction administration and inspection.

Financial Considerations: Proposed expenditures for the 2014 CMP total $8,000,000. Funding of $4,000,000 is included in the Public Works & Utilities General Fund operating budget for Pavement Maintenance. An additional $4,000,000 is included in 2014 in the 2011-2020 Adopted Capital Improvement Program and will be funded with General Obligation at-large bonds.

Legal Considerations: The Law Department has reviewed and approved the bonding resolutions as to form.

Recommendations/Actions: It is recommended that the City Council approve the 2014 Contracted Maintenance Program, adopt the resolutions and authorize the necessary signatures.

Attachment: Proposed 2014 Contracted Maintenance Program, resolutions, budget sheets, and map.

1 329

Proposed 2014 Contracted Maintenance Program

Public Works & Utilities Maintenance Division November 2013

330 Proposed 2014 Contracted Maintenance Program

Introduction:

The City of Wichita’s paved street network is comprised of more than 5,000 lane-miles of residential, collector and arterial streets and expressways, representing a total paved area in excess of 322 million square feet. In order to cost effectively maintain this vast network of assets, the City supplements the critical preventive, corrective and emergency maintenance efforts of its internal staff by leveraging the resources and expertise of private contractors. Each year, contracted pavement maintenance efforts are proposed, and submitted for approval, in the Contracted (Pavement) Maintenance Program (CMP). In order to effectively manage both internal and external pavement maintenance resources, the Public Works & Utilities Department has always striven to effect “the right treatment, on the right road, at the right time”. However, just as socioeconomic and technological influences have evolved over the years, so too must our approach. Consequently, the department is in the midst of developing a project selection, evaluation and reporting process that is intended to be:

1. More data driven, and less reliant on individual experience 2. More objective, relying greater on economic measures like return on investment (ROI) and remaining service life (RSL), and less on subjective measures like “good”, “satisfactory”, “poor”, and the like 3. More supportive of experimentation and the incorporation of new technologies, and less adherent to past practice 4. Better able to quantify the cost of deferred maintenance 5. Better able to maximize the City’s returns on future investments 6. Better able to assist in the identification of optimum funding levels

The department anticipates that this enhanced “Pavement Management System” will be fully implemented in 2015. Several components initiated in 2012 and 2013 are being continued, and expanded on, in 2014. Consequently, the proposed 2014 Contracted Maintenance Program represents a blend of both the traditional and enhanced approaches, as follows.

Contracted Maintenance Program (CMP) Project Selection Process

Traditional Approach

Locations to be addressed in the CMP have traditionally been determined using the following criteria:

1. Pavement Condition Index (PCI) Historically, every street segment in the City is reviewed and assigned a PCI number. The PCI number is determined by evaluating each segment for various pavement distresses. The PCI ranges from 0 to 100, with a value of 70 being presumed to be satisfactory. Streets with PCIs below 70, and especially below 50, have formerly been considered first for inclusion in the CMP. PCIs have also been used to guide preventive maintenance, as funding allowed.

Page 2

331 Proposed 2014 Contracted Maintenance Program

(Preventive maintenance delays streets from dropping into a lower condition range and requiring more expensive repairs.)

2. Completion of locations previously identified If repairs to previously programmed locations are not able to be completed, they are typically included in the following year’s CMP.

3. Complaints and Requests Complaints and requests concerning existing street conditions (from citizens, City officials, and maintenance personnel) are addressed either in-house, or through the CMP. Locations of concern are continually evaluated against other scheduled projects and included when warranted.

4. Maintenance history and other, scheduled projects If a particular street has required continued maintenance from City staff, or routine maintenance operations are no longer effective, it is considered for inclusion in the CMP. Streets that are scheduled to be repaired in other programs, such as the Capital Improvement Program (CIP), are not included in the CMP.

Once the CMP funding level is established, the program is developed. Expenses not considered to benefit any single district (inspection costs, bridge work, bike paths, etc.) are deducted first. Using the criteria above, the remaining funds are applied equally to each of the City’s six districts.

2014 Enhanced Approach

As part of ongoing efforts to maximize the City’s return on continued investments, several new concepts are proposed anew, or for continued exploration, in 2014.

1. Increased Residential Thermal Crack Repair In response to customer feedback, the 2014 CMP will focus on residential streets. In order to address some of the most severe and frequently occurring issues, the widespread repair of thermal cracking on neighborhood streets is proposed. The approach is anticipated to yield a substantial improvement in the quality of residential streets, as well as a significant, 132% increase in the number of line miles touched by CMP funds (an estimated 445.9 lane miles, compared to 192 in 2013).

2. Continued Emphasis on Preventive Maintenance While preventive maintenance has historically been programmed as funding allows; it is apparent that, in order to ensure maximum return on investment, preventive maintenance must be made a priority. Much like maintaining a functional roof over one’s home, the cost to maintain a good road, in good condition, is far less than the cost to rehabilitate a failed one.

Page 3

332 Proposed 2014 Contracted Maintenance Program

For example, a preservative seal can extend the service life of a good pavement by approximately 5 years, at a cost around $1/sy, whereas milling and overlaying a bad pavement may extend the service life just 8-12 years, at a cost of $10-$15/sy. When applied to a hypothetical, quarter mile section of 4-lane arterial roadway (1 lane mile) the total cost to preservative seal the section at $1/sy would be $7,040. The total cost to mill and overlay the same section of roadway (7,040 sy) at a later date, assuming a midrange unit cost of $12/sy, would be $84,480. Assuming service lives of 5 and 10 years, respectively, one finds that it costs just $1,408 to add one full lane-mile-year of service life by preservative sealing, while the cost to add the same one lane-mile-year of service life via mill and overlay is eight times higher, at $8,448.

When one considers, again, that the City’s paved street network consists of roughly 5,000 lane- miles of pavement, the financial prudence of preventive maintenance is clear. While we do not presently track overall network condition in terms of remaining service life, we know that each lane-mile has but a limited number of years remaining until the end of its useful service life. Thus, in the absence of any maintenance improvements over a one year period, we can surmise that the remaining service of each lane-mile will be reduced by one year. Applied across the entire network, this represents a total service life reduction of 5,000 lane-mile-years, each year. Pavement preservation treatments, as well as rehabilitative repairs and reconstruction, however, add service life to the network. In order to offset the annual loss, the City must add at least 5,000 lane-mile-years back to the system through its maintenance efforts each year. Any less, results in an overall decline of the network’s condition. Any more, and the overall condition improves.

While the City employs numerous strategies in its approach to pavement management, for the purpose of example, we’ll examine a simplified approach using four common treatments, including the two previously described, in the table below.

Approx. Lane-mile- Lane Cost to Maintain Service years Approx. Miles Status Quo (Using Treatment Type Life Needed to Cost/SY to be prescribed Extension Maintain Treated treatment alone) (Years) Status Quo Rejuvenating Seal Preventive $1 5 5000 1000 $7,040,000 Micro Surfacing Preventive $3 6 5000 833 $17,592,960 Mill & Overlay Rehabilitation $12 10 5000 500 $42,240,000 Asphalt Reconstruction Reconstruction $35 25 5000 200 $49,280,000

While none of the above hypothetical approaches is necessarily optimized for the City’s existing network, the exercise serves to illustrate two points. First, to successfully operate under the

Page 4

333 Proposed 2014 Contracted Maintenance Program

best of these scenarios – the one that serves to maximize ROI – one would need to begin with a near perfect system and repair 20% of that system each year. In reality, only about 20% of our existing system falls within the appropriate condition range for that treatment (and not all of those are asphalt pavements). Consequently, we must endeavor to employ some optimum combination of treatments across the full spectrum of pavement condition. Second, the example serves to demonstrate the scale of maintenance required, and alludes to the cumulative impact of deferred maintenance.

In light of its benefit, preventive maintenance expenditures were prioritized in 2012, 2013, and are proposed again for 2014. As demonstrated in the following table, nearly 100 lane miles will be touched by preventive maintenance in 2014, more than five times the number touched in 2011.

Preventive Maintenance Expenditures

Year Project Lane Miles

2011 Micro Surfacing Seal 6.8 Preservative Seal 13.1 Total 19.9 2012 Micro Surfacing Seal 55.0 Preservative Seal 15.8 Total 70.8 2013 Micro Surfacing Seal 12.9 Ecopave Surface Seal 1.4 Slurry Seal 14.1 Preservative Seal 80.4 Cape Seal 17.3 Total 126.1 2014 Preservative Seal 45.4 Slurry Seal 30.3 Micro Surfacing Seal 24.2 Total 99.9

3. Pavement Condition Rating Standardization and Pavement Life Cycle Cost Analysis The Public Works & Utilities Maintenance Division has historically performed pavement condition assessment in general accordance with the methodology prescribed by the authors of its first Pavement Management System (PMS), which was purchased approximately 20 years ago. Since that time, however, the adoption of a new PMS (Lucity), turnover in the pavement condition assessment position, and efforts to make the resulting Pavement Condition Index more relatable, have resulted in a system more or less unique to the City of Wichita. While

Page 5

334 Proposed 2014 Contracted Maintenance Program

research suggests that such variation is common throughout the pavement maintenance industry, several standardized approaches are gaining acceptance, and offer the benefit of enhanced comparability among separate jurisdictions.

Furthermore, ongoing economic pressures have proved the usefulness of the City’s traditional Pavement Condition Index (PCI) somewhat limited. While the PCI does serve to effectively illustrate network trends (better or worse), it does not, in and of itself, afford an objective means of characterizing streets as “failed”, “deficient”, “in need of repair”, or the like. Perhaps more importantly, neither does it afford an objective means of quantifying the cost of deferred maintenance. In order that we may accurately and objectively do so, an approach other than PCI is needed.

For the purpose of maximizing ongoing investments, the Public Works & Utilities Department believes it will be better served by evaluating economic measures, rather than PCI alone. By modeling return on investment (ROI), network needs may be identified objectively, in terms of maximum ROI, rather than based on a certain level of PCI. To be truly effective, however, the data within the model must be thorough, accurate, and reliably measured.

As such, the department issued a Request for Proposal on Pavement Condition Survey, Assessment, and Inventory Services, and awarded the project to the team of Baughman Co., P.A., and MT Consulting in the fall of 2012. The project will accomplish the development and implementation of a standardized, reproducible pavement condition rating methodology, based largely on remaining service life. The project will also produce preliminary, predictive deterioration curves, based on both historical and newly acquired data. These predictive deterioration curves will serve as the backbone of future life-cycle modeling efforts.

In concert with ongoing raw data acquisition and analysis, department staff is working to develop a pavement life cycle model capable of evaluating alternative strategies over an extended period (40 or more years) and establishing:

1.) The short and long term results of the department’s existing strategy and budget, 2.) The strategy and budget required to maintain current condition and asset values, 3.) The strategy and budget that results in the optimum ROI.

Presuming that those streets rated in 2012 (using the newly developed methodology) would ideally be rated again the following year, 2013 CIP funds were set aside in order to either contract again for the service, hire additional internal resources sufficient to manually accomplish the task, or purchase an automated data collection solution sufficient to accomplish the task using existing staff. However, delays experienced by the Baughman/MT Consulting team ultimately precluded a responsible initiation of those funds in 2013. Consequently, the department will request permission to initiate those unencumbered 2013 CIP funds

Page 6

335 Proposed 2014 Contracted Maintenance Program

($1,000,000), following an objective analysis of various options and determination of the most cost-effective, long-term approach, in 2014.

4. Pilot Projects Numerous experimental (pilot) projects were conducted in 2012 and 2013, in order to test the viability and acceptance of potentially cost effective alternative maintenance techniques. The pilot projects varied widely, from the use of nontraditional (to the City of Wichita), but industry endorsed treatments, to the use of longstanding treatments on different types of roads. A continuation of the trend is proposed again for 2014, as evidenced by the program’s focus on residential thermal crack repair. Additional 2014 pilot projects include several mitigations utilizing micro surfacing and slurry seal treatments.

2014 Contracted Maintenance Program Summary

Definitions

1. Thermal Crack Repair “Thermal crack repair” consists of repairing large cracks in full-depth asphalt pavements by removing the top two inches of pavement and installing a pavement interlayer reinforcement system beneath a new layer of asphalt. The interlayer reinforcement deters the crack from reflecting back through the renewed surface.

2. Preservative Seal A “preservative seal” consists of the application of an emulsion specially formulated to penetrate, restore and preserve existing asphalt binders. By keeping the pavement flexible, it serves to seal against water intrusion, inhibit oxidation and improve aggregate retention.

3. Slurry Seal A “slurry seal” is a basic surface sealing procedure in which a thin layer of fine graded aggregate, asphalt emulsion (as a binder) and mineral fillers is applied to the pavement. Its primary purpose is to retard water penetration, restore moderate to severe aggregate loss, improve aesthetics and extend the service life of the underlying pavement.

4. Micro Surfacing Seal In a “micro surfacing seal”, a mixture of relatively large aggregate, polymer modified emulsion, mineral filler and additives are combined and applied to an existing pavement using a specialized mixing and paving machine. The treatment is used to reduce water penetration, correct minor surface irregularities, improve aesthetics and extend the useful life of underlying pavement.

5. Asphalt Street Repair “Asphalt street repair” includes various asphalt spot repairs, ranging from surface patching to full-depth removal and replacement, undertaken to strategically address myriad pavement distresses, such as block cracking and potholes.

Page 7

336 Proposed 2014 Contracted Maintenance Program

6. Concrete Repair “Concrete repair” traditionally includes the strategic full-depth removal and replacement of concrete pavement, in order to address myriad pavement distresses, including spalling and pop- outs.

Proposed Expenditures

Proposed 2014 contracted pavement maintenance expenditures total $8 million. Funds totaling $4 million are allocated in the 2014 Adopted Budget for Pavement Maintenance. The remaining $4 million are allocated in the 2014 Adopted CIP.

2014 CMP Network Funding/Expenditures Summary

Funding Summary Expenditures Percentage General Obligation Funding Thermal Crack Repair $1,652,000 20.6% Preservative Seal $352,000 4.4% Slurry Seal $590,000 7.4% Micro Surfacing Seal $687,000 8.6% Asphalt Street Repair $139,000 1.7% Engineering Salaries & Overhead $340,000 4.3% Contingency $240,000 3.0% CIP Street Improvement Funding Thermal Crack Repair $3,321,000 41.5% Concrete Street Repair $159,000 2.0% Engineering Salaries & Overhead $520,000 6.5% Total Funding $8,000,000 100.0%

Page 8

337 Proposed 2014 Contracted Maintenance Program

2014 District-specific Construction Expenditures Summary

District Project 1 2 3 4 5 6 Thermal Crack Repair $562,500 $840,000 $826,000 $987,500 $919,000 $838,000 Preservative Seal $100,000 $57,000 $43,000 $50,000 $21,000 $81,000 Slurry Seal $220,000 $185,000 $6,000 $0 $85,000 $94,000 Micro Surfacing Seal $235,000 $68,000 $116,000 $91,000 $125,000 $52,000 Asphalt Street Repair $32,500 $0 $0 $21,500 $0 $85,000 Concrete Street $0 $0 $159,000 $0 $0 $0 Repair District Totals* $1,150,000 $1,150,000 $1,150,000 $1,150,000 $1,150,000 $1,150,000

2014 CMP Network Impact Summary

Total Square Arterial Lane Residential Lane Total Lane Project Yards Miles Miles Miles Thermal Crack Repair 2,365,440 0 336 336.00 Preservative Seal 319,616 18 27.4 45.40 Slurry Seal 214,016 0 30.4 30.40 Micro Surfacing Seal 170,368 22.7 1.5 24.20 Asphalt Street Repair 52,800 5.1 2.4 7.50 Concrete Street Repair 16,896 1.6 0.8 2.40 Totals 3,139,136 47.40 398.50 445.90

Page 9

338 Proposed 2014 Contracted Maintenance Program

Proposed Locations District I Street From To Project

Oliver 25th St N 1750' S of 25th St N Asphalt Street Repair N Kellogg, Pavement Edgemoor Change Douglas Micro Surfacing Seal Hillside 37th St N 45th St N Micro Surfacing Seal Hydraulic Osie at Pavement Change Mt. Vernon Micro Surfacing Seal 21st St 230' W of Oliver Pinecrest Micro Surfacing Seal Broadway Waterman Dewey Preservative Seal Central Minnesota Hillside Preservative Seal Cleveland Central 13th St Preservative Seal Madison 9th St Random Preservative Seal 29th St N, Including Pavement Change, S of Woodlawn Intersection K-96 Preservative Seal Rutan Douglas 1st St Preservative Seal Victor Hillside Rutan Preservative Seal Commerce William 106' South of English Preservative Seal Emporia William Waterman Preservative Seal English St. Francis Commerce Preservative Seal St. Francis William English Preservative Seal St. Francis Douglas William Preservative Seal Topeka Waterman Dewey Preservative Seal William St. Francis Emporia Preservative Seal William Commerce St. Francis Preservative Seal Grove Raleigh 27th St N Slurry Seal 17th St Edgemoor Woodlawn Slurry Seal 19th St Ridgewood Beaumont Slurry Seal 20th St Ct-5237 Old Manor W Cul De Sac Slurry Seal 20th St Beaumont Edgemoor Slurry Seal Beaumont Farmstead Charlotte Slurry Seal Beaumont 21st St Shadybrook Slurry Seal Beaumont Shadybrook Siefkin Slurry Seal Chadowes Charlotte Kevin Slurry Seal Charlotte Edgemoor 17th St Slurry Seal Edgemoor 21st St S End/S of 17th St Slurry Seal Farmstead 21st St Homestead Slurry Seal Homestead Beaumont 17th St Slurry Seal Homestead 21st St Beaumont Slurry Seal

Page 10

339 Proposed 2014 Contracted Maintenance Program

District I (Continued)

Street From To Project

Kevin Chadowes 17th St Slurry Seal Larkspur 21st St Edgemoor Slurry Seal Malcolm 20th St 21st St Slurry Seal Parkwood 21st St Ridgewood Slurry Seal Ridgewood 21st St 19th St Slurry Seal Rockhill Charlotte Kevin Slurry Seal Shadybrook Oliver Battin Slurry Seal Shadybrook Malcolm Edgemoor Slurry Seal Shadybrook Beaumont Woodlawn Slurry Seal Area from 29th St N to 37th St N and between Woodlawn and Rock Thermal Crack Repair Area from 21st St N to 29th St N and between Woodlawn and Oliver Thermal Crack Repair Area from K-96 to 37th St N and between Oliver and Woodlawn Thermal Crack Repair Area from 33rd St N to 37th St N and West of Hillside Thermal Crack Repair Area of 14th St & Ohio Thermal Crack Repair Area from 17th St to 21st St between Oliver and Woodlawn Thermal Crack Repair

Page 11

340 Proposed 2014 Contracted Maintenance Program

District II

Street From To Project

Pawnee Oak Knoll Rock Micro Surfacing Seal Regency Lakes 21st St Ayesbury Micro Surfacing Seal 35th St N Comotara 520' East Preservative Seal Comotara 37th St N 35th St N Preservative Seal Country Side Lynnrae Herrington Preservative Seal Funston Herrington Tara Falls Preservative Seal Funston Lynnrae Herrington Preservative Seal Herrington Harry Funston Preservative Seal Lynnrae Herrington Funston Preservative Seal Lynnrae Ct-1679 Lynnrae SW Cul De Sac Preservative Seal Tara Douglas Central Preservative Seal Cambria 143rd St E Welsh Preservative Seal Celtic Welsh Cambria Preservative Seal Welsh Cambria 143rd St E Preservative Seal Welsh Cambria N End Preservative Seal Bristol Cir-732 Lincoln NW Cul De Sac Preservative Seal Smithmoor Ct-1610 Smithmoor E Cul De Sac Preservative Seal Kellogg Dr (S) 143rd St E E End Preservative Seal Birchwood 127th St E Edgewood Slurry Seal Davin Ln 13th St Birchwood Slurry Seal Edgewood 127th St E Woodridge Slurry Seal Edgewood Cir- 12430 Woodridge SW Cul De Sac Slurry Seal Woodridge Edgewood (SW) Edgewood (NE) Slurry Seal Woodridge Ct-1627 Woodridge N Cul De Sac Slurry Seal 14th St Lawrence Governeour Slurry Seal Aberdeen Lawrence Governeour Slurry Seal Farmview Ct-7027 Farmview S Cul De Sac Slurry Seal Lawrence 13th St Farmview Slurry Seal Lawrence Ct-1576 Lawrence E Cul De Sac Slurry Seal Lawrence Ct-1638 Lawrence E Cul De Sac Slurry Seal Lawrence Ct-1680 Lawrence E Cul De Sac Slurry Seal Stonegate Lawrence Timberon Slurry Seal Timberon Lawrence Stonegate Slurry Seal Dublin Cir-2722 Greenbriar SW Cul De Sac Slurry Seal Dublin Ct-2630 Dublin Cir-2722 S Cul De Sac Slurry Seal

Page 12

341 Proposed 2014 Contracted Maintenance Program

District II (Continued)

Street From To Project

Dublin Ct-2735 Dublin Cir-2722 W Cul De Sac Slurry Seal Greenbriar Tallgrass Penstemon Slurry Seal Greenbriar Rock Penstemon Slurry Seal Greenbriar Ct-8136 Greenbriar NE Cul De Sac Slurry Seal Greenbriar Ct-8214 Greenbriar N Cul De Sac Slurry Seal Greenbriar Ct-8253 Greenbriar S Cul De Sac Slurry Seal Greenbriar Ct-8423 Greenbriar S Cul De Sac Slurry Seal Greenbriar Ct-8531 Greenbriar S Cul De Sac Slurry Seal Penstemon Greenbriar Tallgrass Slurry Seal Penstemon Cir-2868 Penstemon NE Cul De Sac Slurry Seal Penstemon Ct-2806 Penstemon SE Cul De Sac Slurry Seal Penstemon Ct-2956 Penstemon Cir-2868 E Cul De Sac Slurry Seal Tallgrass Penstemon Greenbriar Slurry Seal Plumthicket Webb Plumthicket Cir Slurry Seal Plumthicket Cir 2311 Plumthicket (N) 2551 Plumthicket (S) Slurry Seal Plumthicket Ct-2427 Plumthicket Cir W Cul De Sac Slurry Seal Plumthicket Ct-2459 Plumthicket Cir W Cul De Sac Slurry Seal Plumthicket Ct-2527 Plumthicket Cir W Cul De Sac Slurry Seal Area of N of 37th St N and between Woodlawn and Rock Thermal Crack Repair Area of from 29th St N to 37th St N and between Rock and Webb Thermal Crack Repair Area of from 21st St N to 29th St N and between Rock and Webb Thermal Crack Repair Area of N of 21st St N and E of Webb Thermal Crack Repair Area of from Pawnee to Harry and between Webb and Greenwich Thermal Crack Repair Area of from Harry to Kellogg and between Rock and Webb Thermal Crack Repair Area of West of 143rd St E and South and North of Harry Thermal Crack Repair Area of from 143rd St E to 159th St E and South and North of Central Thermal Crack Repair Area of W of 127th St E and N of 13th St Thermal Crack Repair

Page 13

342 Proposed 2014 Contracted Maintenance Program

District III

Street From To Project

Harry Market Greenway Concrete Street Repair Lorraine Mt. Vernon N Cul De Sac Concrete Street Repair Skinner Hillside GWB, 30sy Driveway Concrete Street Repair Hydraulic Mt. Vernon SE Blvd Micro Surfacing K-15 Pawnee Hydraulic Micro Surfacing Lincoln Edgemoor Woodlawn Micro Surfacing Blake at Pavement Broadway Mt. Vernon Change Micro Surfacing 51st St S Hydraulic Spruce Preservative Seal 53rd St S Hydraulic Spruce Preservative Seal Broadway Bridge @ 34th St S MacArthur & int. Preservative Seal Pawnee Hillside, WL George Washington, EL Preservative Seal Mosley Harry Boston Slurry Seal Hillside Bayley Harry Thermal Crack Repair Area of from 59th St S to 71st St between West of Hydraulic and Clifton Thermal Crack Repair Area of from 47th St S to 55th St S and between Broadway and Hydraulic Thermal Crack Repair Area of from 47th St S to 57th St S and East of Hydraulic Thermal Crack Repair Area of from 47th St S to MacAuthur and between Broadway and East of Hydraulic Thermal Crack Repair Area of from 31st St S to Pawnee and between Hydraulic and Hillside Thermal Crack Repair Area of from South of 31st St S to Pawnee and between Hydraulic and East of Oliver Thermal Crack Repair Area of from Harry to Lincoln on Bluffview Thermal Crack Repair Area of from Mt Vernon to Harry and between Hillside and Bluff Thermal Crack Repair

Page 14

343 Proposed 2014 Contracted Maintenance Program

District IV

Street From To Project 30th St S Glenn Bonn Asphalt Street Repair Crawford Meridian Everett Asphalt Street Repair Hadden Meridian Everett Asphalt Street Repair Southgate Meridian Everett Asphalt Street Repair McLean Harry Pawnee Micro Surfacing Seal Wetmore Maize (S) Maize (N) Preservative Seal Wetmore Ct-630 Wetmore E Cul De Sac Preservative Seal Parkridge Taft Maple Preservative Seal Shefford Taft Maple Preservative Seal Hayden Slope E Cul De Sac Preservative Seal Slope 151st St W Hayden Preservative Seal Grant 119th St W Upland Hills Preservative Seal Grant Ct-12001 Grant S Cul De Sac Preservative Seal Grant Ct-12002 Grant N Cul De Sac Preservative Seal Haskell Upland Hills Rogers Preservative Seal Jewell 119th St W Upland Hills Preservative Seal Jewell Ct-12001 Jewell S Cul De Sac Preservative Seal Jewell Ct-12002 Jewell N Cul De Sac Preservative Seal Jewell Ct-12101 Jewell S Cul De Sac Preservative Seal Rogers Upland Hills Grant Preservative Seal Rogers Cir-2122 Grant N Cul De Sac Preservative Seal Upland Hills Pawnee Jewell Preservative Seal Upland Hills Ct-2211 Upland Hills N Cul De Sac Preservative Seal Upland Hills Ct-2302 Upland Hills E Cul De Sac Preservative Seal MacArthur Hoover West St Thermal Crack Repair Area of from South of 47th St S to MacArthur between Meridian and Seneca Thermal Crack Repair Area of SW Corner of MacArthur and Hoover Thermal Crack Repair Area of NE Corner of 47th St S and West St Thermal Crack Repair Area of from South of 31st St S and between West St and Meridian Thermal Crack Repair Area of from N of Kellogg to S of Harry between K-42 and Seneca Thermal Crack Repair Area of from Harry to Maple between Tyler and Ridge Thermal Crack Repair Area of from Kellogg to Maple between W of Seville and Tyler Thermal Crack Repair Area of from 119th St W to Maize between Pawnee and Kellogg Thermal Crack Repair Area of from 47th St S to 55th St S and between Seneca and Broadway Thermal Crack Repair Area of from 31st St S to Pawnee and between West of West St and Meridian Thermal Crack Repair

Page 15

344 Proposed 2014 Contracted Maintenance Program

District V

Street From To Project Maize Central 13th St Micro Surfacing Country View Maple Fawnwood Preservative Seal Country View Ct-126 Country View E Cul De Sac Preservative Seal Fawnwood Jason City View Preservative Seal Hunters View Liberty Nantucket Preservative Seal Liberty 13th St Hunters View Preservative Seal Nantucket Hunters View Liberty Preservative Seal Bellwood Britton Keith Slurry Seal Bellwood Ct-2448 Bellwood N Cul De Sac Slurry Seal Britton Keith Amarado Slurry Seal Britton Keith Bellwood Slurry Seal Britton Ct-9306 Britton N Cul De Sac Slurry Seal Brookridge Sterling Keith Slurry Seal Brookridge Cir-9554 Brookridge N Cul De Sac Slurry Seal Brookridge Ct-9509 Brookridge (W) Brookridge (E) Slurry Seal Brookridge Ct-9514 Brookridge E Cul De Sac Slurry Seal Keith 21st St Sterling Slurry Seal Keith Ct-2309 Keith SW Cul De Sac Slurry Seal Sterling Brookridge Tyler Slurry Seal Sterling Ct-9402 Sterling E Cul De Sac Slurry Seal Sterling Ct-9422 Sterling NE Cul De Sac Slurry Seal Sterling Ct-9454 Sterling Ct-9422 NW Cul De Sac Slurry Seal Wyncroft Britton Keith Slurry Seal Wyncroft Ct-9415 Wyncroft S Cul De Sac Slurry Seal Area of from 119th St W to Maize and between 13th St and Half Mile South Thermal Crack Repair Area of from Maize to Shefford and between 13th St and 21st St Thermal Crack Repair Area of from 119th St W to Maize and between Central and Maple Thermal Crack Repair Area of SE Corner of 135th St W and Central Thermal Crack Repair

Page 16

345 Proposed 2014 Contracted Maintenance Program

District VI

Street From To Project 21st St Amidon Bridge at McLean Asphalt Street Repair 49th St N Jeanette Sullivan Asphalt Street Repair 48th St N Arkansas E End Micro Surfacing Seal 25th St (EB) Bullinger Amidon Preservative Seal 61st St N RR Crossing, E of Armstrong Seneca, Including Preservative Seal Intersection 61st St N Seneca Fairfield Preservative Seal Broadway Central 13th St Preservative Seal Broadway 450' N, 21st St 25th St Preservative Seal Boardwalk Bayview N End/N of Crystal Beach Preservative Seal Crystal Beach Boardwalk Portwest Preservative Seal Crystal Beach Cir- Portwest W Cul De Sac Preservative Seal 3517 Pierport Boardwalk E End Preservative Seal Portwest Crystal Beach Bayview Preservative Seal Agnes Ct-3740 36th St N 37th St N Preservative Seal Zoo Park Cir-2220 21st St NE Cul De Sac Preservative Seal 29th St N Amidon Meridian Slurry Seal 29th St N Meridian Halstead Slurry Seal Halstead 29th St N Richmond Slurry Seal Halstead Richmond 25th St N Slurry Seal Halstead 25th St N Sweetbriar Slurry Seal Halstead Valley Park 29th St N Slurry Seal Sweetbriar Halstead 21st St Slurry Seal Valley Park Halstead Meridian Slurry Seal Area of N of 60th St N and E of Meridian Thermal Crack Repair Area of between 45th St N and 53rd St N from Meridian to Half Miles West Thermal Crack Repair Area of between 25th St N and N of 37th St N from I-135 to Arkansas Thermal Crack Repair Area of between 21st St N and 37th St N from Arkansas to I-235 Thermal Crack Repair Area of between 21st St and 25th St N from I-235 to Amidon Thermal Crack Repair Area of between 21st St and 25th St N from Amidon to Arkansas Thermal Crack Repair Area of between 13th St and Zoo from Zoo St to Hoover, including 13th St Thermal Crack Repair Area of between Central and 13th St from Hoover to West St, excluding 13th St Thermal Crack Repair Area of between Central and 13th St from West St to McLean Thermal Crack Repair Area of between Douglas and Central from West St to Meridian Thermal Crack Repair

Page 17

346 Proposed 2014 Contracted Maintenance Program

Page 18

347 348 349 First Published in the Wichita Eagle on December 13, 2013

RESOLUTION NO. 13-240

A RESOLUTION AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS OF THE CITY OF WICHITA, KANSAS TO PAY ALL OR A PORTION OF THE COSTS OF CONCRETE PAVEMENT MAINTENANCE (472-85133) AT VARIOUS LOCATIONS THROUGHOUT THE CITY

NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF

WICHITA, KANSAS:

SECTION 1. That it is necessary to maintain concrete pavements at various locations, throughout the City.

SECTION 2. The governing body hereby declares it to be its intention to issue and sell, in the manner provided by law, general obligation bonds under the authority of K.S.A. 13-1024c, as amended by

City of Wichita Charter Ordinance No. 156, to pay all or a portion of the costs associated with performing concrete pavement maintenance at various locations, throughout the City. These costs shall be paid by the issuance of general obligation bonds as aforesaid in an amount not to exceed $183,000, exclusive of the costs of interest on borrowed money.

SECTION 3. This Resolution shall take effect and be in force from and after its passage and shall be published in the official City paper.

350 ADOPTED at Wichita, Kansas, this 10th day of December, 2013.

______Carl Brewer, Mayor ATTEST:

______Karen Sublett, City Clerk

APPROVED AS TO FORM:

______Gary E. Rebenstorf, Director of Law

351 First Published in the Wichita Eagle on December 13, 2013

RESOLUTION NO. 49-641

A RESOLUTION AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS OF THE CITY OF WICHITA, KANSAS TO PAY ALL OR A PORTION OF THE COSTS OF THERMAL CRACK MAINTENANCE (472-85134, 472-85135, 472- 85136, 472-85137, 472-85138, & 472-85139) AT VARIOUS LOCATIONS THROUGHOUT THE CITY

NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF

WICHITA, KANSAS:

SECTION 1. That it is necessary to maintain vehicular pavements, at various locations throughout the City, via the repair of thermal cracking.

SECTION 2. The governing body hereby declares it to be its intention to issue and sell, in the manner provided by law, general obligation bonds under the authority of K.S.A. 13-1024c, as amended by

City of Wichita Charter Ordinance No. 156, to pay all or a portion of the costs associated with performing thermal crack maintenance at various locations, throughout the City. These costs shall be paid by the issuance of general obligation bonds as aforesaid in an amount not to exceed $3,817,000, exclusive of the costs of interest on borrowed money.

SECTION 3. This Resolution shall take effect and be in force from and after its passage and shall be published in the official City paper.

ADOPTED at Wichita, Kansas, this 10th day of December, 2013.

______Carl Brewer, Mayor ATTEST:

______Karen Sublett, City Clerk

Approved as to Form:

______Gary E. Rebenstorf, Director of Law

352 Agenda Item No. II-11

City of Wichita City Council Meeting December 10, 2013

TO: Mayor and City Council

SUBJECT: 2014 Reconstruction or Rehabilitation of Aged Sanitary Sewers (S-4) and Water Mains Replacement or Relocation (W-67) (All Districts)

INITIATED BY: Department of Public Works & Utilities

AGENDA: Consent

Recommendation: Approve the projects and adopt the resolutions.

Background: The 2011-2020 Adopted Capital Improvement Program (CIP) contains annual projects for replacing or rehabilitating failing water and sewer infrastructure.

Analysis: The Reconstruction or Rehabilitation of Aged Sanitary Sewers Program helps to eliminate stoppages and backups as well as decrease inflow and infiltration into the system. The Water Mains Replacement or Relocation Program decreases the number of water main breaks, brings undersized mains to current standards and improves fire protection. These projects are heavily utilized to fund design, relocation and reconstruction of existing facilities in advance of, or as part of CIP paving and bridge projects. Both programs reduce maintenance costs and improve customer service.

Financial Considerations: The approved CIP contains the following funding for 2014:

$5,400,000 for Reconstruction or Rehabilitation of Aged Sanitary Sewers (S-4) $2,808,000 for Water Mains Replacement or Relocation (W-67)

The projects will be funded from future revenue bonds or sewer utility and water utility cash reserves.

Legal Considerations: The resolutions have been reviewed and approved as to form by the Law Department.

Recommendations/Actions: It is recommended that the City Council approve the projects, adopt the resolutions and authorize the necessary signatures.

Attachments: Resolutions and Notices of Intent.

353 Gilmore & Bell, P.C. 10/09/2013

RESOLUTION NO. 13-233

A RESOLUTION DECLARING IT NECESSARY TO CONSTRUCT, RECONSTRUCT, ALTER, REPAIR, IMPROVE, EXTEND AND ENLARGE THE WATER AND SEWER UTILITY OWNED AND OPERATED BY THE CITY OF WICHITA, KANSAS, TO ISSUE REVENUE BONDS FOR THE PURPOSE OF PAYING CERTAIN COSTS THEREOF, AND PROVIDING FOR THE GIVING OF NOTICE OF SUCH INTENTION IN THE MANNER REQUIRED BY LAW.

WHEREAS, the City of Wichita, Kansas (the “City”) is a municipal corporation, duly created, organized and existing under the Constitution and laws of the State; and

WHEREAS, the City Council of the City (the “Governing Body”), has heretofore by Ordinance No. 39-888, passed May 26, 1987 and published in the official newspaper of the City on May 29, 1987, as required by law, authorized the combining of the City-owned and operated municipal water utility and municipal sewer utility thereby creating the City of Wichita, Kansas Water and Sewer Utility (the "Utility”); and

WHEREAS, the City is authorized under the Constitution and laws of the State of Kansas, including K.S.A. 10-1201 et seq., as amended and supplemented by Charter Ordinance No. 211 of the City (collectively, the “Act”), to issue revenue bonds to construct, reconstruct, alter, repair, improve, extend and enlarge the Utility;

WHEREAS, the Governing Body hereby finds and determines that it is necessary and advisable to construct, reconstruct, alter, repair, improve, extend and enlarge the Utility in the following manner:

2014 Reconstruction or Rehabilitation of Aged Sanitary Sewers (S-4)

(the “Project”) and to provide for the payment of all or a portion of the costs thereof by the issuance of revenue bonds of the City pursuant to the Act; said bonds to be payable from the revenues of the Utility.

BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF WICHITA, KANSAS, AS FOLLOWS:

Section 1. Project Authorization. It is hereby authorized, ordered and directed that the Project be acquired, constructed and/or installed in accordance with plans and specifications therefor prepared under the direction of the City Engineer or designate and approved by the Governing Body; said plans and specifications to be placed on file in the offices of the Utility. The estimated cost of the Project, including related design and engineering expenses is $5,400,000. The Project will not cause duplication of any existing water or sewer utility service furnished by a private utility in the City.

Section 2. Project Financing. It is hereby found and determined to be necessary and advisable to issue revenue bonds of the City under the authority of the Act, in an aggregate principal amount not to exceed $5,832,000 in order to pay all or a portion of the costs of the Project and related reserves, interest on financing and administrative and financing costs (the “Bonds”). The Bonds shall not be general obligations of the City payable from taxation, but shall be payable from the revenues derived from the operations of the Utility. Costs of the Project in excess of the proceeds of the Bonds, if any, shall be paid

JLN\600809.053\DOCUMENT MASTER FORMS\ WATER & SEWER UTILITY REVENUE PROJECT AUTH (10-09-13)

354 from unencumbered moneys of the Utility which will be available for that purpose. 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 3. Notice. Before issuing the Bonds, there shall be published one (1) time in the official newspaper of the City, a notice of the intention of the Governing Body to undertake the Project and to issue the Bonds (the “Notice”); and if within fifteen (15) days after the publication of such Notice, there shall be filed with the City Clerk, a written protest against the Project or the issuance of the Bonds, signed by not less than twenty per cent (20%) of the qualified electors of the City, the Governing Body shall thereupon submit such proposed Project and the Bonds to the electors of the City at a special election to be called for that purpose as provided by the Act. If no sufficient protest is filed with the City Clerk within the period of time hereinbefore stated, then the Governing Body shall have the authority to proceed with the Project and issuance of the Bonds.

Section 4. Effective Date. This Resolution shall be in full force and effect from and after its adoption by the Governing Body.

ADOPTED by the City Council of the City of Wichita, Kansas, by not less than two-thirds of the members voting in favor thereof, on December 10, 2013.

(SEAL) Carl Brewer, Mayor

ATTEST:

Karen Sublett, City Clerk

APPROVED AS TO FORM:

Gary E. Rebenstorf, Director of Law

JLN\600809.053\DOCUMENT MASTER FORMS\ WATER & SEWER UTILITY REVENUE PROJECT AUTH (10-09-13)

355 Gilmore & Bell, P.C. 10/09/2013

RESOLUTION NO. 13-232

WHEREAS, the City of Wichita, Kansas (the “City”) is a municipal corporation, duly created, organized and existing under the Constitution and laws of the State; and

WHEREAS, the Governing Body hereby finds and determines that it is necessary and advisable to construct, reconstruct, alter, repair, improve, extend and enlarge the Utility in the following manner:

2014 Water Distribution Mains Replacement (W-67)

BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF WICHITA, KANSAS, AS FOLLOWS:

Section 1. Project Authorization. It is hereby authorized, ordered and directed that the Project be acquired, constructed and/or installed in accordance with plans and specifications therefor prepared under the direction of the City Engineer or designate and approved by the Governing Body; said plans and specifications to be placed on file in the offices of the Utility. The estimated cost of the Project, including related design and engineering expenses is $2,808,000. The Project will not cause duplication of any existing water or sewer utility service furnished by a private utility in the City.

Section 2. Project Financing. It is hereby found and determined to be necessary and advisable to issue revenue bonds of the City under the authority of the Act, in an aggregate principal amount not to exceed $3,032,640 in order to pay all or a portion of the costs of the Project and related reserves, interest on financing and administrative and financing costs (the “Bonds”). The Bonds shall not be general obligations of the City payable from taxation, but shall be payable from the revenues derived from the operations of the Utility. Costs of the Project in excess of the proceeds of the Bonds, if any, shall be paid

JLN\600809.053\DOCUMENT MASTER FORMS\ WATER & SEWER UTILITY REVENUE PROJECT AUTH (10-09-13)

356 from unencumbered moneys of the Utility which will be available for that purpose. 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 in full force and effect from and after its adoption by the Governing Body.

ADOPTED by the City Council of the City of Wichita, Kansas, by not less than two-thirds of the members voting in favor thereof, on December 10, 2013.

(SEAL) Carl Brewer, Mayor

ATTEST:

Karen Sublett, City Clerk

APPROVED AS TO FORM:

Gary E. Rebenstorf, Director of Law

JLN\600809.053\DOCUMENT MASTER FORMS\ WATER & SEWER UTILITY REVENUE PROJECT AUTH (10-09-13)

357 (Published in The Wichita Eagle, on December 13, 2013.)

NOTICE

TO: THE RESIDENTS OF THE CITY OF WICHITA, KANSAS

You are hereby notified that the City Council (the “Governing Body”) of the City of Wichita, Kansas (the “City”), by Resolution No. 13-233, duly adopted December 10, 2013, has found and determined it to be necessary and declared its intention to construct, reconstruct, alter, repair, improve, extend and enlarge the City of Wichita, Kansas Water and Sewer Utility, which is owned and operated by the City (the “Utility”), in the following manner:

2014 Reconstruction or Rehabilitation of Aged Sanitary Sewers (S-4)

(the “Project”) at an estimated cost, including related design and engineering expenses of $5,400,000.

In order to finance all or a portion of the costs of the Project and related reserves, interest on financing and administrative and financing costs, the Governing Body has further found and determined it to be necessary and declared its intention to issue revenue bonds an aggregate principal amount not to exceed $5,832,000 under the authority of K.S.A. 10-1201 et seq., as amended and supplemented by Charter Ordinance No. 211 of the City (the “Bonds”). The Bonds shall not be general obligation bonds of the City payable from taxation, but shall be payable only from the revenues derived from the operations of the Utility. Costs of the Project in excess of the proceeds of the Bonds shall be paid from unencumbered moneys of the Utility which will be available for that purpose.

This Notice shall be published one time in the official newspaper of the City; and if, within fifteen (15) days from and after the publication date hereof, there shall be filed in the Office of the City Clerk a written protest against the Project and the issuance of the Bonds, which protest is signed by not less than twenty percent (20%) of the qualified electors of the City, then the question of the Project and the issuance of the Bonds shall be submitted to the electors of the City at a special election which shall be called for that purpose as provided by law. If no sufficient protest to the Project and the issuance of the Bonds is filed within said period, then the Governing Body shall have the authority to proceed with the Project and issuance of the Bonds.

BY ORDER of the Governing Body of the City of Wichita, Kansas, on December 10, 2013.

/s/ CARL BREWER, Mayor

ATTEST: /s/ Karen Sublett, City Clerk

JLN\600809.053\DOCUMENT MASTER FORMS\ WATER & SEWER UTILITY REVENUE PROJECT AUTH (10-09-13)

358 (Published in The Wichita Eagle, on December 13, 2013.)

NOTICE

TO: THE RESIDENTS OF THE CITY OF WICHITA, KANSAS

You are hereby notified that the City Council (the “Governing Body”) of the City of Wichita, Kansas (the “City”), by Resolution No. 13-232, duly adopted December 10, 2013, has found and determined it to be necessary and declared its intention to construct, reconstruct, alter, repair, improve, extend and enlarge the City of Wichita, Kansas Water and Sewer Utility, which is owned and operated by the City (the “Utility”), in the following manner:

2014 Water Distribution Mains Replacement (W-67)

(the “Project”) at an estimated cost, including related design and engineering expenses of $2,808,000.

In order to finance all or a portion of the costs of the Project and related reserves, interest on financing and administrative and financing costs, the Governing Body has further found and determined it to be necessary and declared its intention to issue revenue bonds an aggregate principal amount not to exceed $3,032,640 under the authority of K.S.A. 10-1201 et seq., as amended and supplemented by Charter Ordinance No. 211 of the City (the “Bonds”). The Bonds shall not be general obligation bonds of the City payable from taxation, but shall be payable only from the revenues derived from the operations of the Utility. Costs of the Project in excess of the proceeds of the Bonds shall be paid from unencumbered moneys of the Utility which will be available for that purpose.

BY ORDER of the Governing Body of the City of Wichita, Kansas, on December 10th 2013.

/s/ CARL BREWER, Mayor

ATTEST: /s/ Karen Sublett, City Clerk

JLN\600809.053\DOCUMENT MASTER FORMS\ WATER & SEWER UTILITY REVENUE PROJECT AUTH (10-09-13)

359 Agenda Report No. II-12

City of Wichita City Council Meeting December 10, 2013

TO: Mayor and City Council

SUBJECT: Drug Enforcement Agency – 2013 High Intensity Drug Trafficking Area Task Force (HIDTA).

INITIATED BY: Police Department

AGENDA: Consent

Recommendation: Approve the 2013 grant award.

Background: The Wichita Police Department (WPD) has participated in the Drug Enforcement Agency – High Intensity Drug Trafficking Area (HIDTA) Task Force since 2002. The mission is to combat the manufacture and importation of methamphetamine and disrupt poly-drug trafficking organizations, thereby reducing the availability of illegal drugs and reducing its impact in this area. The Kansas Bureau of Investigation (KBI) is the fiscal agent for award proceeds to be distributed to state and local agencies participating in the Midwest High Intensity Drug Trafficking Area Task Force.

Analysis: The Kansas Bureau of Investigation will reimburse the City of Wichita for overtime and related expenses for personnel assigned to the task force. Currently, the Wichita Police Department has one detective designated to the High Intensity Drug Trafficking Area Task Force.

Financial Considerations: The Kansas Bureau of Investigation will reimburse the Wichita Police Department up to $21,260 for overtime and related expenses incurred by personnel assigned to the task force. There is no local match requirement.

Legal Considerations: The 2013 High Intensity Drug Trafficking Area award is outlined in the attached Memorandum of Understanding which has been approved as to form by the Law Department.

Recommendations/Actions: It is recommended that the City Council approve the 2013 HIDTA grant and Memorandum of Understanding.

Attachments: Memorandum of Understanding.

360 361 362 363 364 365 366 367 368 369 370 371 372 373 374 375 376 377 378 379 Agenda Item No. II-13

City of Wichita City Council Meeting December 10, 2013

TO: Mayor and City Council

SUBJECT: Resolutions Authorizing Congestion Mitigation and Air Quality (CMAQ) grants from the Federal Transit Administration (All Districts)

INITIATED BY: Wichita Transit

AGENDA: Consent

Recommendation: Adopt the resolutions authorizing filing of grant applications and pledging sufficient matching funds.

Background: The Federal Transit Administration (FTA) grant application process requires a resolution by the governing body authorizing staff to file grant applications to receive funds and administer the grant’s program. The purpose of the resolutions is to authorize staff to file for eligible Federal funds for the support of Q-line services for Fiscal Year 2014 and the Westside Service Improvements project. Congestion Mitigation and Air Quality (CMAQ) funds are Federal Highway Administration (FHWA) funds that are transferred to FTA for use for transit services. The funds are 80% Federal funds and 20% local matching funds. A second resolution for each grant is required by the Kansas Department of Transportation (KDOT) to pledge sufficient matching funds and approve the transfer of funds from FHWA to FTA.

Analysis: The Q-line grant is for $100,000 ($80,000 Federal portion and $20,000 local portion). Wichita Transit has been working with the Wichita Downtown Development Center on soliciting input for the Q- line routes. The public meeting phase is scheduled to be finalized by the end of 2013 and new routes should be completed in early 2014. It is yet to be determined when the restructured Q-line service will begin but it is expected to begin in early to mid 2014.

The Westside Service Improvements grant is for $1,000,000 ($800,000 Federal portion and $200,000 local portion). The route structures for the new West Maple, West Central and neighborhood feeder service are expected to be completed by the end of 2013. Service is scheduled to begin in March of 2014.

The proposed resolutions authorize the filing of applications for the following funding:

Q-Line: . Federal Portion - $80,000 . Local Portion - $20,000 . Total - $100,000

Westside Service Improvements: . Federal Portion - $800,000 . Local Portion - $200,000 . Total - $1,000,000

The Transportation Policy Body, which develops and approves transportation plans for the Wichita Area Metropolitan Planning Organization, awarded the Federal portions of each grant to Wichita Transit on September 10, 2013. Transit staff held a public hearing on December 6, 2013, with no adverse comments.

380 Financial Consideration: The Federal share for Q-line is $80,000 and the local match is $20,000 and will be funded by the Transit Fund. It is budgeted for 2014.

The Federal share for Westside Service Improvements is $800,000 and the local match is $200,000 and will be funded by the Transit Fund. Transit expects to fund the $200,000 match with savings from eliminating the Westside Connector.

Legal Consideration: The Law Department has reviewed and approved the resolutions authorizing filing of the grants as to form.

Recommendation/Actions: It is recommended that the City Council adopt the resolutions and authorize the necessary signatures.

Attachments: 1. WT Resolution Authorizing 2014 CMAQ Q-Line 2 2. KDOT 1312 Form Resolution for 2014 CMAQ Q-Line 2 3. WT Resolution Authorizing 2014 CMAQ Westside Service Improvements 4. KDOT 1312 Form Resolution for 2014 CMAQ Westside Service Improvements

381 382 383 RESOLUTION NO. 13-242

A RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION WITH THE FEDERAL TRANSIT ADMINISTRATION, AN OPERATING ADMINISTRATION OF THE UNITED STATES DEPARTMENT OF TRANSPORTATION, FOR FEDERAL TRANSPORTATION ASSISTANCE AUTHORIZED BY 49 U.S.C., AND OTHER FEDERAL STATUTES ADMINISTERED BY THE FEDERAL TRANSIT ADMINISTRATION TO SUPPORT FY 2014 CONGESTION MITIGATION AND AIR QUALITY (CMAQ) PROJECTS

WHEREAS, the Federal Transportation Administrator has been delegated authority to award federal financial assistance for transportation projects; and

WHEREAS, the grant or cooperative agreement for federal financial assistance will impose certain obligations upon the City of Wichita and may require the City to provide the local share of the project cost; and

WHEREAS, the City of Wichita has or will provide all annual certifications and assurances to the Federal Transit Administration required for the project; and

WHEREAS, the City of Wichita desires financial assistance for support of the following projects: Pursuant to CMAQ – Congestion Mitigation and Air Quality: Expanded Q-line 2 services.

NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF WICHITA, KANSAS:

1. The City Manager or designee is authorized to execute and file an application on behalf of the City of Wichita, Kansas, with the Federal Transit Administration for Federal assistance under 49 U.S.C., United States Code, or other federal statutes authorizing a project administered by the Federal Transit Administration to aid in financing 49 U.S.C.

2. That the City Manager or designee is authorized to execute and file with its application the annual certifications and assurances and other documents the Federal Transit Administration requires before awarding a federal assistance grant or cooperative agreement.

3. That the City Manager or designee is authorized to execute the grant and cooperative agreements with the Federal Transit Administration on behalf of the City of Wichita.

-1 - 384 CERTIFICATION

The undersigned duly qualified Mayor, acting on behalf of the City of Wichita, which is the Recipient of CMAQ assistance under the provisions of 49 U.S.C., certifies that the foregoing is a true and correct copy of a resolution adopted at a legally-convened meeting of the City of Wichita.

ADOPTED at Wichita, Kansas on December 10, 2013.

Carl Brewer, Mayor

ATTEST:

______Karen Sublett, City Clerk

Approved as to Form:

______Gary E. Rebenstorf, Director of Law

-2 - 385 RESOLUTION NO. 13-243

WHEREAS, the Federal Transportation Administrator has been delegated authority to award federal financial assistance for transportation projects; and

WHEREAS, the City of Wichita has or will provide all annual certifications and assurances to the Federal Transit Administration required for the project; and

WHEREAS, the City of Wichita desires financial assistance for support of the following projects: Pursuant to CMAQ – Congestion Mitigation and Air Quality: Westside Service Improvements.

NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF WICHITA, KANSAS:

3. That the City Manager or designee is authorized to execute the grant and cooperative agreements with the Federal Transit Administration on behalf of the City of Wichita.

-1 - 386 CERTIFICATION

ADOPTED at Wichita, Kansas on December 10, 2013.

Carl Brewer, Mayor

ATTEST:

______Karen Sublett, City Clerk

Approved as to Form:

______Gary E. Rebenstorf, Director of Law

-2 - 387 Agenda Item No. II-14

City of Wichita City Council Meeting December 10, 2013

TO: Mayor and City Council

SUBJECT: Notice of Intent to Use Debt Financing Tenant Parking Lots and Landside Paving Improvements Wichita Mid-Continent Airport

INITIATED BY: Department of Airports

AGENDA: Consent ______

Recommendation: Adopt the Resolution.

Background: The Airport Authority relies on the City of Wichita for the issuance of general obligation bonds and/or notes for capital projects. In order to use debt financing for a project, it is necessary to declare that a public necessity exists for, and that the public safety, service, and welfare will be advanced by, the authorization of certain capital improvements to the Mid-Continent Airport facility. Additionally, the nature of said improvements, the estimated costs thereof, and the manner of payment, needs to be disclosed. The actual issuance of the bonds/notes will require a separate authorization from the City Council. Debt financing can be in the form of temporary notes for durations as short as six months for timing considerations or in the form of General Obligation bonds for long term financing.

Analysis: In a concurrent agenda item, the City Council, sitting as the Wichita Airport Authority, will take action on a request to initiate a capital budget for tenant parking lots and landside paving improvements on Mid-Continent Airport. To correspond with that action, this Resolution reflects the estimated project cost to be financed through the issuance of general obligation debt.

Financial Considerations: The project budget requested is $560,000, exclusive of interest on financing, administrative and financing costs which will be financed with general obligation bonds/notes. If the debt is issued, the source of repayment for the bonds/notes will be Airport revenues.

Legal Considerations: The Law Department has reviewed and approved the Authorizing Resolution as to form.

Recommendation/Action: It is recommended that the City Council adopt the Resolution and authorize the necessary signatures.

Attachments: Authorizing Resolution.

388

RESOLUTION NO. 13-235

RESOLUTION AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS OF THE CITY OF WICHITA, KANSAS TO PAY THE COSTS OF IMPROVEMENTS TO THE WICHITA MID-CONTINENT AIRPORT FACILITY.

WHEREAS, the City of Wichita, Kansas (the “City” or the “Issuer”) is a municipal corporation, duly created, organized and existing under the Constitution and laws of the State; and

WHEREAS, the City Council (the “Governing Body”) of the City has heretofore, pursuant to K.S.A. 3-162, created the Wichita Airport Authority (the “Authority”); and

WHEREAS, the Governing Body is authorized, pursuant to K.S.A. 13-1348a, as amended by Charter Ordinance No. 78 of the City (collectively, the “Act”) to issue general obligation bonds of the City without an election for the purpose of purchasing land for airport purposes or for the construction, enlargement, reconstruction, repair or addition to or of any improvements to said land used for airport purposes; and

WHEREAS, the Governing Body hereby finds and determines that it is necessary and advisable to make certain public improvements consisting of tenant parking lots and landside paving at the Wichita Mid-Continent Airport (the “Project”) and to provide for the payment of the costs thereof by the issuance of general obligation bonds of the City.

BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF WICHITA, KANSAS, AS FOLLOWS:

Section 1. Project Authorization. It is hereby authorized, ordered and directed that the Project be acquired at an estimated cost of $560,000 in accordance with specifications prepared or approved by the Authority.

Section 2. Project Financing. The costs of the Project, interest on financing and administrative and financing costs shall be payable by the Authority and financed with the proceeds 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 adoption of this Resolution, pursuant to Treasury Regulation §1.150-2.

Section 3. Effective Date. This Resolution shall be in full force and effect from and after its adoption by the Governing Body.

[BALANCE OF THIS PAGE INTENTIONALLY LEFT BLANK]

389

ADOPTED by the City Council of the City of Wichita, Kansas, on December 10, 2013.

(SEAL) Carl Brewer, Mayor

ATTEST:

Karen Sublett, City Clerk

APPROVED AS TO FORM:

Gary E. Rebenstorf, Director of Law

390 Agenda Item No. II-15

City of Wichita City Council Meeting December 10, 2013

TO: Mayor and City Council

SUBJECT: Notice of Intent to Use Debt Financing Irrigation System Improvements Wichita Mid-Continent Airport

INITIATED BY: Department of Airports

AGENDA: Consent ______

Recommendation: Adopt the Resolution.

Analysis: In a concurrent agenda item, the City Council, sitting as the Wichita Airport Authority, will take action on a request to initiate a capital budget for improvements to the irrigation system on Mid- Continent Airport. To correspond with that action, this Resolution reflects the estimated project cost to be financed through the issuance of general obligation debt.

Financial Considerations: The project budget requested is $375,000, exclusive of interest on financing, administrative and financing costs which will be financed with general obligation bonds/notes. If the debt is issued, the source of repayment for the bonds/notes will be Airport revenues.

Legal Considerations: The Law Department has reviewed and approved the Authorizing Resolution as to form.

Recommendation/Action: It is recommended that the City Council adopt the Resolution and authorize the necessary signatures.

Attachments: Authorizing Resolution.

391

RESOLUTION NO. 13-236

RESOLUTION AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS OF THE CITY OF WICHITA, KANSAS TO PAY THE COSTS OF IMPROVEMENTS TO THE WICHITA MID-CONTINENT AIRPORT FACILITY.

WHEREAS, the City of Wichita, Kansas (the “City” or the “Issuer”) is a municipal corporation, duly created, organized and existing under the Constitution and laws of the State; and

WHEREAS, the City Council (the “Governing Body”) of the City has heretofore, pursuant to K.S.A. 3-162, created the Wichita Airport Authority (the “Authority”); and

WHEREAS, the Governing Body hereby finds and determines that it is necessary and advisable to make certain public improvements consisting of improvements to the irrigation system at the Wichita Mid-Continent Airport (the “Project”) and to provide for the payment of the costs thereof by the issuance of general obligation bonds of the City.

BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF WICHITA, KANSAS, AS FOLLOWS:

Section 1. Project Authorization. It is hereby authorized, ordered and directed that the Project be acquired at an estimated cost of $375,000 in accordance with specifications prepared or approved by the Authority.

Section 3. Effective Date. This Resolution shall be in full force and effect from and after its adoption by the Governing Body.

[BALANCE OF THIS PAGE INTENTIONALLY LEFT BLANK]

392

ADOPTED by the City Council of the City of Wichita, Kansas, on December 10, 2013.

(SEAL) Carl Brewer, Mayor

ATTEST:

Karen Sublett, City Clerk

APPROVED AS TO FORM:

Gary E. Rebenstorf, Director of Law

393 Agenda Item No. II-16

City of Wichita City Council Meeting December 10, 2013

TO: Mayor and City Council

SUBJECT: Notice of Intent to Use Debt Financing Amendment Sidewalk Extensions Wichita Mid-Continent Airport

INITIATED BY: Department of Airports

AGENDA: Consent ______

Recommendation: Adopt the Amending Resolution.

Resolution 12-240 was adopted on October 23, 2012, authorized the issuance of general obligation bonds for the improvement identified as Sidewalk Extensions, Phase 1 at an estimated cost of $45,000.

Analysis: In a concurrent agenda item, the City Council, sitting as the Wichita Airport Authority, will take action on a request to increase a capital budget for improvements to the sidewalk network on Mid- Continent Airport. To correspond with that action, this Amending Resolution reflects the revised estimated project cost to be financed through the issuance of general obligation debt.

Financial Considerations: The project budget requested is $165,000, exclusive of interest on financing, administrative and financing costs which will be financed with general obligation bonds/notes. If the debt is issued, the source of repayment for the bonds/notes will be Airport revenues.

Legal Considerations: The Law Department has reviewed and approved the Amending Resolution as to form.

Recommendation/Action: It is recommended that the City Council adopt the Amending Resolution and authorize the necessary signatures.

Attachments: Amending Resolution.

394

RESOLUTION NO. 13-237

A RESOLUTION AMENDING RESOLUTION NO. 12-240 WHICH AUTHORIZED THE ISSUANCE OF GENERAL OBLIGATION BONDS OF THE CITY OF WICHITA, KANSAS TO PAY THE COSTS OF IMPROVEMENTS TO THE WICHITA MID-CONTINENT AIRPORT FACILITY.

WHEREAS, the City of Wichita, Kansas (the “City” or the “Issuer”) is a municipal corporation, duly created, organized and existing under the Constitution and laws of the State; and

WHEREAS, the City Council (the “Governing Body”) of the City has heretofore, pursuant to K.S.A. 3-162, created the Wichita Airport Authority (the “Authority”); and

WHEREAS, pursuant to Resolution No. 12-240 the Governing Body authorized the issuance of general obligation bonds of the City to finance improvements to the Wichita Mid-Continent Airport Facility consisting of Sidewalk Extensions, Phase 1 (the “Project”) at an estimated cost of $45,000 exclusive of the cost of interest on borrowed money; and

WHEREAS, the Governing Body hereby finds and determines that it is necessary and advisable to amend Resolution No. 12-240 to increase the Project cost approved therein and to provide for the payment of the costs thereof by the issuance of general obligation bonds of the City.

THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF WICHITA, KANSAS, AS FOLLOWS:

Section 1. That Section 2 of Resolution 12-240 is hereby amended to read as follows:

“Section 2. It is hereby authorized, ordered and directed that the Project be acquired and installed at an estimated cost of $165,000 in accordance with specifications prepared or approved by the Authority. The costs of the Project, interest on financing and administrative and financing costs shall be payable by the Authority and financed with the proceeds of general obligation bonds of the City (the “Bonds”). The Bonds may be issued to reimburse expenditures authorized by Resolution No. 12-240 made on or after the date which was 60 days before the date of adoption of Resolution No. 12-240 and to reimburse additional expenditures authorized by this Resolution, which were made 60 days before the date of adoption of this Resolution, all pursuant to Treasury Regulation §1.150-2.”

Section 2. That the original version of Section 2 of Resolution No. 12-240 is hereby repealed. The rest and remainder of Resolution No. 12-240 it is hereby ratified and confirmed.

Section 3. Effective Date. This Resolution shall be in full force and effect from and after its adoption by the Governing Body.

395

ADOPTED by the City Council of the City of Wichita, Kansas, on December 10, 2013.

(SEAL) Carl Brewer, Mayor

ATTEST:

Karen Sublett, City Clerk

APPROVED AS TO FORM:

Gary E. Rebenstorf, Director of Law

396 Agenda Item No. II-17

City of Wichita City Council Meeting December 10, 2013

TO: Mayor and City Council

SUBJECT: Notice of Intent to Use Debt Financing Campus Street Lights Wichita Mid-Continent Airport

INITIATED BY: Department of Airports

AGENDA: Consent ______

Recommendation: Adopt the Resolution.

Analysis: In a concurrent agenda item, the City Council, sitting as the Wichita Airport Authority, will take action on a request to initiate a capital budget for improvements to the street lighting on Mid- Continent Airport. To correspond with that action, this Resolution reflects the estimated project cost to be financed through the issuance of general obligation debt.

Financial Considerations: The project budget requested is $415,000, exclusive of interest on financing, administrative and financing costs which will be financed with general obligation bonds/notes. If the debt is issued, the source of repayment for the bonds/notes will be Airport revenues.

Legal Considerations: The Law Department has reviewed and approved the Authorizing Resolution as to form.

Recommendation/Action: It is recommended that the City Council adopt the Resolution and authorize the necessary signatures.

Attachments: Authorizing Resolution.

397

RESOLUTION NO. 13-238

RESOLUTION AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS OF THE CITY OF WICHITA, KANSAS TO PAY THE COSTS OF IMPROVEMENTS TO THE WICHITA MID-CONTINENT AIRPORT FACILITY.

WHEREAS, the City of Wichita, Kansas (the “City” or the “Issuer”) is a municipal corporation, duly created, organized and existing under the Constitution and laws of the State; and

WHEREAS, the City Council (the “Governing Body”) of the City has heretofore, pursuant to K.S.A. 3-162, created the Wichita Airport Authority (the “Authority”); and

WHEREAS, the Governing Body hereby finds and determines that it is necessary and advisable to make certain public improvements consisting of certain campus street lights at the Wichita Mid- Continent Airport (the “Project”) and to provide for the payment of the costs thereof by the issuance of general obligation bonds of the City.

BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF WICHITA, KANSAS, AS FOLLOWS:

Section 1. Project Authorization. It is hereby authorized, ordered and directed that the Project be acquired at an estimated cost of $415,000 in accordance with specifications prepared or approved by the Authority.

Section 3. Effective Date. This Resolution shall be in full force and effect from and after its adoption by the Governing Body.

[BALANCE OF THIS PAGE INTENTIONALLY LEFT BLANK]

398

ADOPTED by the City Council of the City of Wichita, Kansas, on December 10, 2013.

(SEAL) Carl Brewer, Mayor

ATTEST:

Karen Sublett, City Clerk

APPROVED AS TO FORM:

Gary E. Rebenstorf, Director of Law

399 Agenda Item No. II-18

City of Wichita City Council Meeting December 10, 2013

TO: Mayor and City Council

SUBJECT: Improvements to the K-96 and Greenwich Interchange (District II)

INITIATED BY: Department of Public Works & Utilities

AGENDA: Consent ______Recommendation: Approve the revised budget and adopt the bond resolution.

Background: On October 16, 2012, the City Council approved a budget of $1,000,000 in Local Sales Tax (LST) funding and a final design concept for improvements to the interchange at K-96 and Greenwich. On November 5, 2013, the City Council approved an additional $1,000,000 in General Obligation (GO) bond funding for utility relocation and right-of-way acquisition. Right-of-way acquisition is currently underway and utility relocation will begin once all of the necessary right-of-way is acquired. Construction is projected to begin in spring 2014.

Analysis: The existing interchange provides a westbound entrance ramp and an eastbound exit ramp, to and from K-96. Proposed improvements include the addition of a westbound exit ramp and an eastbound entrance ramp, with the interchange being signalized at the ramps. Additionally, Greenwich Village Drive will be signalized and Greenwich will be modified between 21st and 27th Streets North to provide dual left turns, right turn lanes, and the extension of medians needed to accommodate future traffic volumes. Relocation and improvement of the existing waterline and other utilities is required to accommodate the proposed paving improvements.

Financial Consideration: The existing approved budget is $2,000,000. An ordinance establishing the Cabela’s Community Improvement District (CID) was adopted by the City Council on March 22, 2011. Funding of $1,500,000 generated by the Cabela’s CID is allocated for this project. The addition of this funding brings the total amount to $3,500,000.

The 2014 Water Mains Replacement or Relocation Program (W-67) budget includes an allocation of $90,000 for waterline relocation work associated with this project. The W-67 is being presented to the City Council for approval on December 10, 2013.

The total revised budget for right-of-way acquisition, utility relocation, and construction is $3,590,000 as detailed below.

Budget Detail Existing Approved Budget Local Sales Tax $1,000,000 GO Bonds $1,000,000 Total of Adopted Ordinance No. 49-601 $2,000,000

Additional Funding Cabela’s Community Improvement District $1,500,000 Total Amended Ordinance Amount $3,500,000 Separately Approved Funding 2014 W-67 Budget Allocation $90,000 Total Project Budget $3,590,000

400 2

Legal Considerations: The bond resolution has been reviewed and approved as to form by the Law Department.

Recommendation/Action: It is recommended that the City Council approve the revised budget, adopt the bond resolution, and authorize all necessary signatures for the acquisition and granting of easements, and all permits and agreements associated with the project.

Attachments: Map, budget sheet, and bond resolution.

2401

Gilmore & Bell, P.C. 12/05/2013

RESOLUTION NO. 13-244

A RESOLUTION AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS OF THE CITY OF WICHITA, KANSAS TO PAY THE COSTS OF CERTAIN PUBLIC IMPROVEMENTS IN THE CITY RELATING TO THE K-96 GREENWICH STAR BOND PROJECT DISTRICT.

WHEREAS, City of Wichita, Kansas (the “City”) is a municipal corporation duly organized and validly existing under the laws of the State of Kansas (the “State”) as a city of the first class; and

WHEREAS, by Ordinance No. 49-208, passed March 6, 2012, and published on March 9, 2012, the City Council of the City (the “Governing Body”), established a STAR bond district pursuant to K.S.A. 12-17,160 et seq., as amended (the “Act”), known as the K-96 Greenwich STAR Bond Project District (the “District”); and

WHEREAS, by Ordinance No. 49-281 passed June 12, 2012, and published June 15, 2012, the Governing Body amended the District Plan to include the ability to fund the cost of developing a multi- sport athletic complex; and

WHEREAS, by Ordinance No. 49-438 passed February 5, 2013 and published February 22, 2013, the Governing Body made certain findings required by the Act and adopted the Phase I STAR Bond Project Plan (the “Project Plan”); and

WHEREAS, the Project Plan included the financing of the K-96 Interchange and related infrastructure improvements [472-85006] (the “Improvements”) in the estimated amount of $9,500,000 from the following sources: (a) STAR Bond proceeds - $3,867,711; (b) general obligation bonds – $3,500,000 (payable in part from local sales tax funds of $1,000,000 and Cabela CID receipts of $1,500,000); and (c) general obligation special assessment bond proceeds in the amount of $2,132,289; and

WHEREAS, on June 3, 2013, the Secretary of the Kansas Department of Commerce (the “Secretary”): (a) determined that the District constitutes a major commercial entertainment and tourism area and is therefore an “eligible area” under the STAR Bond Act, (b) approved and designated the Phase I STAR Bond Project as a “STAR bond project” within the meaning of the STAR Bond Act and (c) approved financing of certain costs of the Project Plan with STAR bond financing in the amount of $31,570,000 (exclusive of financing costs); and

WHEREAS, the Secretary’s STAR Bond approval included funds in the amount of $3,867,711 to fund a portion of the Improvements; and

WHEREAS, the City will receive a petition requesting general obligation special assessment bonds be issued in an amount to fund to fund $2,132,289 of the Improvements; and

WHEREAS, the Governing Body is authorized, , pursuant to K.S.A. 13-1024c, as amended by Charter Ordinance No. 156 of the City (the “Act”) to issue general obligation bonds of the City without an election for the purpose of paying for the construction, purchase or improvement of any public improvement, including the land necessary therefore, and for the purpose of rebuilding, adding to or

JLN\600809.055\ GO BOND AUTHORITY RESOLUTION (12-05-13)

402 extending the same as the necessities of the City may require and for the purpose of paying for certain personal property therefore, which includes financing the Improvements; and

WHEREAS, the Governing Body has heretofore passed Ordinance No. 49-362 which authorized certain portions of the Improvements and the issuance of general obligation bonds to pay the costs thereof; and

WHEREAS, the Governing Body hereby finds and determines that it is necessary and advisable to supplement Ordinance No. 49-362 to authorize the remainder of the Improvements and provide for the payment of that portion of the costs of the K-96 Interchange and related infrastructure improvements not financed by STAR Bond proceeds and general obligation special assessment bond proceeds by the issuance of general obligation bonds of the City pursuant to the Act.

BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF WICHITA, KANSAS, AS FOLLOWS:

Section 1. Project Authorization. It is hereby authorized, ordered and directed that the Improvements, as described in the Project Plan, be acquired and/or constructed in accordance with plans and specifications therefor prepared under the direction of the City Engineer and approved by the Governing Body; said plans and specifications to be placed on file in the office of the City Engineer.

Section 2. Project Financing. That portion of the costs of the K-96 Interchange and related infrastructure improvements not financed by STAR Bond proceeds and general obligation special assessment bond proceeds in the estimated amount of $3,500,000, plus interest on financing and administrative and financing costs shall be financed with the proceeds of general obligation bonds of the City pursuant to the Act (the “Bonds”). The Bonds may be issued to reimburse expenditures made on or after the date which is 60 days before the date of adoption of this Resolution, pursuant to Treasury Regulation §1.150-2.

Section 3. Reimbursement. Proceeds of the Bonds authorized herein may be used to reimburse the City for expenditures made 60 days prior to the date of passage of Ordinance No. 49-362 to the extent of bonds authorized therein and 60 days prior to the date of adoption of this Resolution, all pursuant to the provisions of the Internal Revenue Code of 1986, as amended, and regulations promulgated thereunder.

Section 4. Effective Date. This Resolution shall be in full force and effect from and after its adoption by the Governing Body.

ADOPTED by the City Council of the City of Wichita, Kansas, on December 10, 2013.

(SEAL) Carl Brewer, Mayor

ATTEST:

JLN\600809.055\ GO BOND AUTHORITY RESOLUTION (12-05-13)

403 Karen Sublett, City Clerk

APPROVED AS TO FORM:

Gary E. Rebenstorf, Director of Law

JLN\600809.055\ GO BOND AUTHORITY RESOLUTION (12-05-13)

404 405 Second Reading Ordinances for December 10, 2013 (first read on December 3, 2013)

A. Public Hearing and Issuance of Industrial Revenue Bonds, Cessna Aircraft Company. (Districts III and IV)

ORDINANCE NO. 49-617

AN ORDINANCE AUTHORIZING THE CITY OF WICHITA, KANSAS, TO ISSUE ITS TAXABLE INDUSTRIAL REVENUE BONDS IN THE ORIGINAL AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $40,200,000 FOR THE PURPOSE OF PROVIDING FUNDS TO FINANCE THE INSTALLATION OF IMPROVEMENTS TO CERTAIN EXISTING AVIATION MANUFACTURING AND FLIGHT TESTING FACILITIES AS WELL AS TO FINANCE THE ACQUISITION OF CERTAIN MACHINERY AND EQUIPMENT FOR SUCH FACILITIES LOCATED IN THE CITY OF WICHITA, KANSAS; PRESCRIBING THE FORM AND AUTHORIZING EXECUTION OF A TWENTY- THIRD SUPPLEMENTAL TRUST INDENTURE BY AND BETWEEN THE CITY AND THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., ST. LOUIS, MISSOURI (THE "TRUSTEE"), AS TRUSTEE WITH RESPECT TO THE BONDS; PRESCRIBING THE FORM AND AUTHORIZING THE EXECUTION OF A TWENTY-THIRD SUPPLEMENTAL LEASE BY AND BETWEEN CESSNA AIRCRAFT COMPANY AND THE CITY; AUTHORIZING THE EXECUTION OF BOND PURCHASE AGREEMENT BY AND BETWEEN THE CITY AND CESSNA AIRCRAFT COMPANY, AS PURCHASER OF THE BONDS; AND AUTHORIZING EXECUTION OF A BILL OF SALE, TERMAINATION AND RELEASE OF THIRTHEENTH SUPPLEMENTAL LEASE AND CANCELLATION, DISCHARGE AND RELEASE OF THIRTEENTH SUPPLEMENTAL TRUST INDENTURE.

B. Improvements to Tyler Road from 29th to 37th Streets North. (District V)

ORDINANCE NO. 49-618

AN ORDINANCE AMENDING ORDINANCE NO. 47-975 DECLARING TYLER, BETWEEN 29TH ST. NORTH AND 37TH ST. NORTH (472-84700) TO BE A MAIN TRAFFICWAY WITHIN THE CITY OF WICHITA, KANSAS; DECLARING THENECESSITY OF AND AUTHORIZING CERTAIN IMPROVEMENTS TO SAID MAIN TRAFFICWAY; ANDSETTING FORTH THE NATURE OF SAID IMPROVEMENTS, THE ESTIMATED COSTS THEREOF, ANDTHE MANNER OF PAYMENT OF SAME.

406 C. Acquistion by Eminent Domain of Tracts Required for the K-96/Greenwich Road Interchange Improvement Project.

ORDINANCE NO. 49-619

AN ORDINANCE PROVIDING FOR THE ACQUISITION BY EMINENT DOMAIN OF CERTAIN PRIVATE PROPERTY, EASEMENTS AND RIGHT-OF-WAY THEREIN, FOR THE PURPOSE OF ACQUIRING REAL PROPERTY FOR THE IMPROVEMENT OF THE GREENWICH ROAD/HIGHWAY K-96 INTERCHANGE IN THE CITY OF WICHITA, SEDGWICK COUNTY, KANSAS; DESIGNATING THE LANDS REQUIRED FOR SUCH PURPOSES AND DIRECTING THE CITY ATTORNEY TO FILE A PETITION IN THE DISTRICT COURT OF SEDGWICK COUNTY, KANSAS, FOR ACQUISITION OF THE LANDS AND EASEMENTS THEREIN TAKEN.

D. Building Facade Improvements at 301 North St. Francis. (District VI)

ORDINANCE NO. 49-620

AN ORDINANCE ADJUSTING SPECIAL ASSESSMENTS ON CERTAIN LOTS, PIECES AND PARCELS OF LAND IN THE CITY OF WICHITA, KANSAS, ALL PURSUANT TO K.S.A. 12-6a01 ET SEQ. (Building Facade Improvement 301 N. St. Francis)

E. Building Facade Improvements at 700 and 704 East Douglas. (District VI)

ORDINANCE NO. 49-621

F. Building Facade Improvements at 104 S. Broadway. (District I)

ORDINANCE NO. 49-622

ORDINANCE NO. 49-623

407

ORDINANCE NO. 49-624

G. Ordinance Amendments Relating to Community Events, Section 3.11.155 of the Code of the City of Wichita.

ORDINANCE NO. 49-628

AN ORDINANCE AMENDING SECTION 3.11.155 OF THE CODE OF THE CITY OF WICHITA, KANSAS, PERTAINING TO THE HOURS OF OPERATION FOR COMMUNITY EVENTS.

408 Agenda Report No. II-20

City of Wichita City Council Meeting December 10, 2013

TO: Mayor and City Council

SUBJECT: SUB2013-00026 -- Plat of Monique’s Addition located south of Kellogg, west of 143rd Street East (District II)

INITIATED BY: Metropolitan Area Planning Department

AGENDA: Planning (Consent) ______

Staff Recommendation: Approve the plat.

MAPC Recommendation: Approve the plat. (12-0)

Background: The site, consisting of one lot on .80 acres, is zoned SF-5 Single-family Residential.

Analysis: Sewer and water facilities are available to serve the site. The plat has been reviewed and approved by the Metropolitan Area Planning Commission subject to conditions.

Financial Considerations: There are no financial considerations associated with the plat.

Legal Considerations: There are no legal considerations associated with the plat.

Recommendations/Actions: It is recommended that the City Council approve the plat and authorize the necessary signatures.

Attachments: There are no attachments associated with the plat.

409 Agenda Report No. II-21

City of Wichita City Council Meeting December 10, 2013

TO: Mayor and City Council

SUBJECT: SUB2013-00036 -- Plat of QuikTrip 14th Addition located on the southeast corner of 31st Street South and K-15 Highway (District III)

INITIATED BY: Metropolitan Area Planning Department

AGENDA: Planning (Consent) ______

Staff Recommendation: Approve the plat.

MAPC Recommendation: Approve the plat. (12-0)

Background: The site, consisting of one lot on 2.24 acres, is zoned LC Limited Commercial.

Analysis: Sewer and water improvements will be constructed by a private project. The plat has been reviewed and approved by the Metropolitan Area Planning Commission subject to conditions.

Financial Considerations: There are no financial considerations associated with the plat.

Legal Considerations: There are no legal considerations associated with the plat.

Recommendations/Actions: It is recommended that the City Council approve the plat and authorize the necessary signatures.

Attachments: There are no attachments associated with the plat.

410 Agenda Report No. II-22

City of Wichita City Council Meeting December 10, 2013

TO: Mayor and City Council

SUBJECT: ZON2013-00025 – Zone change request from SF-5 Single-family Residential to TF-3 Two-family Residential on property generally located northeast of the intersection of North Clara Street and West St. Louis Avenue, 500 north Clara (southeast of West Central Avenue and North Hoover Avenue. (District VI)

INITIATED BY: Metropolitan Area Planning Department

AGENDA: Planning (Consent)

MAPC Recommendation: The Metropolitan Area Planning Commission recommended approval of the request (13-0), subject to Protective Overlay #281.

DAB Recommendation: District Advisory Board VI unanimously recommended approval of the request (7-0) without the requirement for Protective Overlay #281.

MAPD Staff Recommendation: Metropolitan Area Planning Department staff recommended approval of the request subject to Protective Overlay #281.

Page 1 of 2 411 Background: The applicants are seeking to rezone two platted (.33 acre) SF-5 Single-family Residential (SF-5) zoned lots to TF-3 Two-family Residential (TF-3). The subject property is vacant, and is located at the northeast corner of North Clara Street and West St. Louis Avenue (500 North Clara Street, four blocks east of North Hoover Road and two blocks south of West Central Avenue). One of the applicants indicated the reason for the application is to permit the construction of one duplex residential unit per lot. In 2007, a demolition permit for a single-family residence was issued for 500 North Clara Street.

The Wichita-Sedgwick County Unified Zoning Code (UZC) defines a duplex as two principal dwelling units within a single building (Article II, Section II.B.4.i). The TF-3 district requires a minimum lot area of 3,500 square feet for a single-family residences and 3,000 square feet per dwelling unit for a duplex. The application area contains approximately 28,614 square feet, which could potentially permit up to nine single-family units or four duplex structures; however, by the time the site complies with building setback, parking and access requirements it is unlikely the site could be developed to the potential maximum number of units. In the TF-3 zoning district the: minimum lot width is 35 feet; minimum required building setbacks are 25 feet (front), 20 feet (rear), six feet (interior side) and 15 feet (street side); maximum building height is 35 feet and one parking space per dwelling unit is required. Each lot containing a dwelling would have to have street frontage which would require multiple lot splits or replatting in have more than one structure per lot.

Property surrounding the application area is overwhelmingly zoned SF-5 and developed with single- family residences with typical lot sizes of 11,340 to 14,212 square feet. A property located immediately south, across West St. Louis Avenue, is zoned TF-3. A second property located on the west side of North Anna Street and south of West St. Louis Avenue is zoned TF-3. A third TF-3 zoned lot is located two blocks west on North Elder Street, four lots north of West St. Louis Avenue.

Analysis: The staff recommendation for approval included a “protective overlay” provision that restricts the site to a maximum of two two-family residential dwelling structures or two single-family residential dwelling units and each lot containing a dwelling unit is to have frontage along North Clara Street. District Advisory Board VI reviewed the application on November 4, 2013, and unanimously (7-0) recommended approval but deleted the staff recommended “protective overlay” #281. There were not any members of the public present to speak regarding the application.

At its meeting of November 7, 2013, the Metropolitan Area Planning Commission (MAPC) approved (13-0) the request on its consent agenda, subject to the staff recommended “protective overlay” #281. There were not any members of the public present to speak regarding the application.

There have not been any protests filed. Approval of the request as recommended by the MAPC requires a simple majority.

Financial Considerations: Approval of this request will not create any financial obligations for the City.

Legal Considerations: The Law Department has reviewed and approved the ordinance as to form.

Recommendation/Actions: It is recommended that the City Council adopt the findings of the MAPC, and approve the TF-3 zoning subject to Protective Overlay #281 authorize, the Mayor to sign and place the Ordinance on first reading (simple majority vote required).

Attachments: MAPC minutes, DAB memo and ordinance.

Page 2 of 2 412 OCA 150004 ORDINANCE NO. 49-643

AN ORDINANCE CHANGING THE ZONING CLASSIFICATIONS OR DISTRICTS OF CERTAIN LANDS LOCATED IN THE CITY OF WICHITA, KANSAS, UNDER THE AUTHORITY GRANTED BY THE WICHITA-SEDGWICK COUNTY UNIFIED ZONING CODE, SECTION V-C, AS ADOPTED BY SECTION 28.04.010, AS AMENDED.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF WICHITA, KANSAS.

SECTION 1. That having received a recommendation from the 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 Wichita- Sedgwick County Unified Zoning Code, Section V-C, as adopted by Section 28.04.010, as amended, the zoning classification or districts of the lands legally described hereby are changed as follows:

Case No. ZON2013-00025 Zone change from SF-5 Single-family Residential (SF-5) to TF-3 Two-family Residential (“TF-3”), subject to the conditions contained in Protective Overlay #281 on property containing approximately .33 acre, located at the northeast corner of North Clara Street and West St. Louis Avenue, and described as:

Lots 7-8, Block 4, Kell Hawkins Addition to Wichita, Sedgwick County, Kansas.

The site is restricted to a maximum of two two-family residential dwelling structures or two single-family residential dwelling units and each lot containing a dwelling unit is to have frontage along North Clara Street.

SECTION 2. That upon the taking effect of this ordinance, the above zoning changes shall be entered and shown on the "Official Zoning Map" previously adopted by reference, and said official zoning map is hereby reincorporated as a part of the Wichita -Sedgwick County Unified Zoning Code as amended.

SECTION 3. That this Ordinance shall take effect and be in force from and after its adoption and publication in the official City paper.

ADOPTED this 17th day of December, 2013.

______Carl Brewer - Mayor ATTEST:

______Karen Sublett, City Clerk

(SEAL)

Approved as to form: ______Gary E. Rebenstorf, City Attorney

Page 1 of 1

413 414 415 416 417 Agenda Report No. II-23

City of Wichita City Council Meeting December 10, 2013

TO: Mayor and City Council

SUBJECT: ZON2013-00026 – Zone change request from SF-5 Single-family Residential to TF-3 Two-family Residential on property generally located on the south side of West Newell Avenue, 150 feet west of the intersection of North Florence Street and West Newell Avenue (southwest of West Central Avenue and North West Street. (District VI)

INITIATED BY: Metropolitan Area Planning Department

AGENDA: Planning (Consent)

MAPC Recommendation: The Metropolitan Area Planning Commission recommended approval of the request (13-0).

DAB Recommendation: District Advisory Board VI unanimously recommended approval of the request (7-0).

MAPD Staff Recommendation: Metropolitan Area Planning Department staff recommended approval of the request subject.

Page 1 of 2 418 Background: The applicants are seeking to rezone a portion of a platted (9,036 square feet) SF-5 Single- family Residential (SF-5) zoned lot to TF-3 Two-family Residential (TF-3). The subject property is vacant, and is located on the south side of West Newell Street, 150 feet west of North Florence Street (south of West Central Avenue, west of North West Street).

The Wichita-Sedgwick County Unified Zoning Code (UZC) defines a duplex as two principal dwelling units within a single building (Article II, Section II.B.4.i). The TF-3 district requires a minimum lot area of 3,500 square feet for a single-family residences and 3,000 square feet per dwelling unit for a duplex. The application area contains approximately 9,000 square feet, which could potentially permit up to two single-family units or one duplex structure; however, by the time the site complies with building setback, parking and access requirements it is unlikely the site could be developed to the potential maximum number of units. In the TF-3 zoning district the: minimum lot width is 35 feet; minimum required building setbacks are 25 feet (front), 20 feet (rear), six feet (interior side) and 15 feet (street side); maximum building height is 35 feet and one parking space per dwelling unit is required. Each lot containing a dwelling would have to have street frontage.

Properties located to the immediate east, west and south of the application area are zoned SF-5, and are primarily developed with single-family residences; however, there is a non-conforming duplex located further south, and 178 feet further south there are four lots that are zoned TF-3. Property located immediately further east, across North Florence Street is zoned LC Limited Commercial (LC), subject to commercial Community Unit Plan (CUP) DP-4. Properties located on the north side of West Newell Street are zoned SF-5 Single-family Residential and GO General Office (GO), and are developed with a dental laboratory and single-family residences.

Analysis: District Advisory Board VI reviewed the application on November 4, 2013, and unanimously (7-0) recommended approval. There were not any members of the public present to speak regarding the application.

At its meeting of November 7, 2013, the Metropolitan Area Planning Commission (MAPC) approved (13-0) the request on its consent agenda. There were not any members of the public present to speak regarding the application.

There have not been any protests filed. Approval of the request as recommended by the MAPC requires a simple majority.

Financial Considerations: Approval of this request will not create any financial obligations for the City.

Legal Considerations: The Law Department has reviewed and approved the ordinance as to form.

Recommendation/Actions: It is recommended that the City Council adopt the findings of the MAPC, and approve the zone change to TF-3 Two-family Residential; authorize the Mayor to sign the zone change ordinance and place the ordinance on first reading (simple majority vote required).

Attachments: MAPC minutes, DAB memo and ordinance.

Page 2 of 2 419 OCA 150004 ORDINANCE NO. 49-638

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF WICHITA, KANSAS.

Case No. ZON2013-00026 Zone change from SF-5 Single-family Residential (SF-5) to TF-3 Two-family Residential (“TF-3”) on property containing approximately 9,000 square feet located on the south side of West Newell Avenue, 150 feet west of the intersection of North Florence Street and West Newell Avenue, and described as:

The north half of Lot 1, except the east 150 feet, Block 7, Parkwilde Addition to Wichita, Sedgwick County, Kansas.

SECTION 3. That this Ordinance shall take effect and be in force from and after its adoption and publication in the official City paper.

ADOPTED this 17th day of December, 2013.

______Carl Brewer - Mayor ATTEST:

______Karen Sublett, City Clerk

(SEAL)

Approved as to form: ______Gary E. Rebenstorf, City Attorney

Page 1 of 1

420 421 422 423 424 Agenda Report No. II-24 City of Wichita City Council Meeting December 10, 2013

TO: Mayor and City Council

SUBJECT: ZON2013-00028 – Zone change from SF-5 Single-Family Residential to GC General Commercial on property generally located east of Broadway Avenue, north of 37th Street South, on the southeast corner of Galena Street and Topeka Avenue. (District III)

INITIATED BY: Metropolitan Area Planning Department

AGENDA: Planning (Consent)

MAPC Recommendation: The MAPC recommends approval (13-0), subject to platting and coming into compliance with the parking standards.

DAB III Recommendation: DAB III recommends approval (10-0), subject to platting and coming into compliance with the parking standards.

MAPD Staff Recommendation: The MAPD staff recommends approval, subject to platting and coming into compliance with the parking standards.

ZON2013-00028 Wichita City Council – December 10, 2013 Page 1 of 3

425

Background: The applicants are requesting GC General Commercial zoning for the unplatted (+/-) 6- acre subject property. The subject property is located east of Broadway Avenue on the southeast corner of Galena Street and Topeka Avenue. The subject property consists of three unplatted tracts. Two of the tracts are split by zoning, with GC on the west side (Topeka Avenue frontage) and SF-5 on the east, interior sides. The applicants have a garden center with greenhouses on these two tracts. A garden center with greenhouses is not permitted in the SF-5 zoning district, but is permitted in the GC zoning district; Wichita-Sedgwick County Unified Zoning Code, UZC, Article III. Section III.D. An undeveloped SF-5 zoned tract abuts the east side of one of the GC/SF-5 zoned tracts. The applicants are also requesting the GC zoning to allow them to continue to operate a Halloween haunted woods. Haunted houses and outdoor Halloween maze/woods have previously been considered by the MAPC as seasonal indoor and outdoor recreation and entertainment and are permitted in the GC zoning district; UZC, Article III. Section III.D. The subject property does not have any on-site parking.

The site is located east, across Topeka Avenue, from the City of Wichita Paving Project #427-84830. This project is currently in the process of replacing the existing, adjacent Broadway Avenue Bridge and realign Broadway Avenue from 31st Street South to 37th Street South. The current Broadway Bridge goes over the Arkansas River and the Union Pacific Rail Road (RR) track. The new bridge will do the same. GC zoned auto repair and paint shops and a LI Limited Industrial (LI) zoned sand pit are located west of the subject property, across Broadway Avenue. North–northeast of the site, across Galena Street are two GC zoned single-family residences (built 1948 and 1952), two single-family residences that have been converted into apartments, undeveloped land and a LI zoned private recreational lake. Conditional Use CON2013-00001 permitted the excavation and removal of sand from the LI zoned private recreational lake. The sand is being used for fill on the building of the new Broadway Bridge and the realignment of Broadway Avenue. The Arkansas River abuts the north side of the private lake. South of the site are GC and SF-5 zoned single-family residences (built mostly in the 1950s) and undeveloped land. Further south is a LI zoned wrecking and salvage yard; CON2003-00053. East of the site is the Arkansas River. There are approximately a total of 12 residences in this area. There are also some non- conforming outdoor storage/salvage/junk yards in the area. Unimproved portions of Topeka and Galena Streets move this area’s vehicular traffic to an unimproved portion of 37th Street South and then to Broadway Avenue. Topeka Avenue, Galena Street and 37th Street South are local streets. Portions of Topeka Avenue and 37th Street South will be paved as part of the Broadway Bride/Avenue project. Much of the subject site and area is located within a FEMA Flood Zone.

Analysis: At the District Advisory Board III (DAB III) meeting held November 6, 2013, DAB III voted, 10-0, to approve the requested GC zoning, subject to platting within a year and coming into compliance with the UZC’s parking standards. There were no citizens who spoke against the request at the DAB III meeting.

At the Metropolitan Area Planning Commission (MAPC) meeting held November 7, 2013, the MAPC voted, 13-0, to approve the requested GC zoning subject to platting within a year and coming into compliance with the UZC’s parking standards. There was a citizen who requested more information about the Halloween haunted woods’ days and hours of operation and the noise ordinance. Planning has received no phone calls protesting the request. There have been no valid protest petitions filed with the City Clerk.

Financial Considerations: There are no financial considerations in regards to the zoning request.

Legal Considerations: The ordinance has been reviewed and approved as to form by the Law Department.

Recommendation/Actions: It is recommended that the City Council adopt the findings of the MAPC, approve the zone change, subject to coming into compliance with the Unified Zoning Code’s parking

ZON2013-00028 Wichita City Council – December 10, 2013 Page 2 of 3

426 standards and platting within one year of the governing body approving and instruct the Planning Department to forward the ordinance for first reading when the plat is complete (simple majority required).

Attachments: • Ordinance • MAPC minutes • DAB memo

ZON2013-00028 Wichita City Council – December 10, 2013 Page 3 of 3

427 OCA 150004 ORDINANCE NO. 49-644

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF WICHITA, KANSAS.

SECTION 1. That having received a recommendation from the 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 Wichita-Sedgwick County Unified Zoning Code, Section V-C, as adopted by Section 28.04.010, as amended, the zoning classification or districts of the lands legally described hereby are changed as follows:

Case No. ZON2013-00028 Zone change from SF-5 Single-Family Residential (“SF-5”) to GC General Commercial (“GC”), subject to platting and coming into compliance with the Wichita-Sedgwick County Unified Zoning Code’s parking standards, all within a year of approval by the Wichita City Council on an approximately 6.00- acre property described as:

The North 212 feet of Government lot 10 lying West of the levee in condemnation case A-48670 EXCEPT the West 755 feet thereof, Section 9, Township 28, Range 1 East of the 6th P.M., Wichita, Sedgwick County, Kansas; generally located east of Broadway Avenue, north of 37th Street South, on the southeast corner of Galena Street and Topeka Avenue.

SECTION 3. That this Ordinance shall take effect and be in force from and after its adoption and publication in the official City paper.

______Carl Brewer - Mayor ATTEST:

______Karen Sublett, City Clerk

(SEAL)

Approved as to form: ______Gary E. Rebenstorf, City Attorney

ZON2013-00028 Page 1 of 1 428 429 EXCERPT MINUTES OF THE NOVEMBER 7, 2013 WICHITA-SEDGWICK COUNTY METROPOLITAN AREA PLANNING COMMISSION HEARING

Case No.: ZON2013-00028 - Gene M. and Barbara Campbell (applicants/Owners) request a City zone change from SF-5 Single-family Residential to GC General Commercial to expand existing GC zoning for a greenhouse on property described as:

The North 212 feet of Government lot 10 lying West of the levee in condemnation case A-48670 EXCEPT the West 755 feet thereof, Section 9, Township 28, Range 1 East of the 6th P.M., Sedgwick County, Kansas.

BACKGROUND: The applicants are requesting GC General Commercial (GC) zoning for the unplatted (+/-) 6-acre subject property, located on the southeast corner of Galena Street and Topeka Avenue. The subject property consists of three unplatted tracts. Two of the tracts are zoned GC on the west, Topeka Avenue frontage and SF-5 on the east, interior sides. The applicants have a garden center with greenhouses on these two tracts. A garden center with greenhouses is not permitted in the SF-5 zoning district, but is permitted in the GC zoning district; Wichita-Sedgwick County Unified Zoning Code, UZC, Article III. Section III.D. An undeveloped SF-5 zoned tract abuts the east side of one of the GC/SF-5 zoned tracts. The applicants are requesting the GC zoning to allow them to continue to operate a Halloween haunted woods. Haunted houses and outdoor Halloween maze/woods (forest) have previously been considered by the MAPC as seasonal indoor and outdoor recreation and entertainment and are permitted in the GC zoning district; UZC, Article III. Section III.D. The site does not appear to have any on-site parking.

The site is located east, across Topeka Avenue, from the City of Wichita Paving Project #427-84830. This project is currently in the process of replacing the existing, adjacent Broadway Avenue Bridge and realign Broadway Avenue from 31st Street South to 37th Street South. The current Broadway Bridge goes over the Arkansas River and the Union Pacific Rail Road (RR) track. The new bridge will do the same. GC zoned auto repair and paint shops and a LI Limited Industrial (LI) zoned sand pit are located on the west side of Broadway Avenue. North–northeast of the site, across Galena Street are two GC zoned single-family residences (built 1948 and 1952), two single-family residences that have been converted into apartments, undeveloped land and a LI zoned private recreational lake. Conditional Use CON2013- 00001 permitted the excavation and removal of sand from the LI zoned private recreational lake. This sand is being used for fill on the building of the new Broadway Bridge and the realignment of Broadway Avenue. The Arkansas River abuts the north side of the private lake. South of the site are GC and SF-5 zoned single-family residences (built mostly in the 1950s) and undeveloped land. Further south is a LI zoned wrecking and salvage yard; CON2003-00053. East of the site is the Arkansas River. There are maybe a total of 12 residences in this area. There are also some non-conforming outdoor storage/salvage/junk uses in the area. Unimproved portions of Topeka and Galena Streets move this area’s vehicular traffic to an unimproved portion of 37th Street South and then to Broadway Avenue. Topeka Avenue, Galena Street and 37th Street South are local streets. Portions of Topeka Avenue and 37th Street South will be paved as part of the Broadway Bride/Avenue project. Much of the subject site and area is located within a FEMA Flood Zone.

CASE HISTORY: The applicants were directed by the Wichita-Sedgwick County Metropolitan Area Building and Construction Department to come into compliance with the UZC for their Halloween haunted woods.

ADJACENT ZONING AND LAND USE: NORTH: GC, LI Single-family residences, apartments, undeveloped land, private recreational lake, Arkansas River

Page 1 of 5

430 SOUTH: GC, SF-5 Single-family residences, undeveloped land, non-conforming outdoor storage/salvage/junk EAST: SF-5 Arkansas River, single-family residences WEST: GC, LI, SF-5 Broadway Avenue, auto repair and paint shops, sand pit

PUBLIC SERVICES: All utilities are available to this site. Unimproved portions of Topeka Avenue and Galena Street take a portion of the site’s and all of the area’s vehicular traffic to an unimproved portion of 37th Street South then to Broadway Avenue/US 81. Topeka Avenue, Galena Street and 37th Street South are local streets. Portions of Topeka Avenue and 37th Street South will be paved after the Broadway Bridge is completed. Broadway Avenue is an arterial.

CONFORMANCE TO PLANS/POLICIES: The ‘2030 Wichita Functional Land Use Guide’ of the Comprehensive Plan identifies this property as “regional commercial.” The regional commercial category encompasses major destination areas that contain concentrations of commercial, office and personal services that have predominately regional market areas and high volumes of regional traffic. Typically they are located in close proximity to freeways or major arterials and include such uses as major retail malls, major car dealerships and big box retail. The site has access to Broadway Avenue, an arterial, from Topeka Avenue and 37th Street South. Topeka Avenue and 37th Street South are local streets. Portions of Topeka Avenue and 37th Street South will be paved after the Broadway Bridge is completed. Many of the uses permitted in the GC zoning district, resemble the Guide’s “regional commercial” category. Currently it is a challenge to see this area, with its motley developments, as a regional market area.

RECOMMENDATION: Based upon information available prior to the public hearings, planning staff recommends that the request be approved, subject to platting and having their parking in compliance with the UZC within a year of approval of the governing body.

The staff’s recommendation is based on the following findings:

1. The zoning, uses and character of the neighborhood: The area is somewhat isolated, located beneath the current and future Broadway Bridge on its west side, the Arkansas River on its east side and a private recreational lake and the Arkansas River north of the site. The north end LI zoned private recreational lake is a dominate feature, fenced off from the abutting and adjacent southern GC and SF-5 zoned undeveloped lands, single-family residences, small apartments, the subject garden center with greenhouses and some non-conforming outdoor storage/salvage/junk yards. The area’s GC and SF-5 zoned 12 residences are mixed in with the non-residential uses. The area is poorly served by three unimproved streets, is hard to get into and appears to be in a long decline. All of these factors, plus having much of this area located in a FEMA Flood Zone, makes maintenance or redevelopment challenging.

2. The suitability of the subject property for the uses to which it has been restricted: The subject site is split between GC and SF-5 zoning. The site’s GC zoning allows the applicants’ garden center with greenhouses and the Halloween haunted woods. The site’s SF-5 zoning permits neither. If the requested GC is approved, all of the applicants’ garden center with greenhouses and the Halloween haunted woods will be in compliance with the UZC and not out of character with the area’s current zoning pattern.

3. Extent to which removal of the restrictions will detrimentally affect nearby property: A 1997 aerial shows the garden center with greenhouses. The requested zoning will bring them into compliance with the UZC.

Page 2 of 5

431 4. Conformance of the requested change to the adopted or recognized Comprehensive Plan and policies: The ‘2030 Wichita Functional Land Use Guide’ of the Comprehensive Plan identifies this property as “regional commercial.” The regional commercial category encompasses major destination areas that contain concentrations of commercial, office and personal services that have predominately regional market areas and high volumes of regional traffic. Typically they are located in close proximity to freeways or major arterials and include such uses as major retail malls, major car dealerships and big box retail. Many of the uses permitted in the GC zoning district, resemble the Guide’s regional commercial category. Currently it is a challenge to see this area, with its motley developments, as a regional market area.

5. Impact of the proposed development on community facilities: The garden center with greenhouses has been present since at least 1997, so no new use is being introduced to the area. A Halloween Haunted forest is a seasonal outdoor recreation and entertainment use that is operated once a year and as such its impact will be minimal, with the exception of parking.

BILL LONGNECKER, Planning Staff presented the Staff Report.

MITCHELL said he had several issues. He mentioned that the east boundary of the property appears to be in the flood control right-of-way along the Arkansas River.

LONGNECKER said he used the FEMA map in Geozone.

MITCHELL indicated that the map was out of date.

LONGNECKER said he would make note of that.

TRACY CHIPPEAUX, 3556 S. ST. FRANCIS, WICHITA said she lives just due north of this area. She asked the Commission as a homeowner what rights does she have on this request and what might the applicant do there in the future. She said last year they were open until 9:00 p.m. at night, now they are talking about being open until midnight. She said her bedroom is right by the woods which prevents her from going to bed and she does have to go to work. She asked what are the chances they will want to do something else in the future. She also asked if they could put up a barrier or fence, besides the barbed wire fencing that is there now, between her property and theirs.

WARREN suggested that Planning Staff go through the full Staff Report. He said that might answer some of Ms. Chippeaux’s questions.

MITCHELL clarified that part of the area is currently zoned General Commercial.

WARREN asked staff to give a brief overview of the rules and regulations for seasonal use such as hours of operation, etc.

LONGNECKER explained that the MABCD issues permits and confirms compliance.

JEFF VANZANDT, ASSISTANT CITY ATTORNEY briefly reviewed the prerequisites, requirements, licenses and hours of operation outlined in Chapter 3.22 of the City Municipal Code with regard to haunted houses (which the “Haunted Woods” would fall under).

G. SHERMAN clarified that the neighbors property is also zoned General Commercial.

LONGNECKER replied that was correct.

Page 3 of 5

432

GENE CAMPBELL, 4701 S. IDA, APPLICANT said everything they do in their business is to benefit mankind by promoting live plants and trees, etc. which keeps us all alive. He said this is the second year they have sponsored the “Haunted Woods” and that it has been very financially successful. He said they obtain a year-to-year permit for the event. He said he has been in the greenhouse business 50 some years; they are law abiding people who are an asset to the community.

DENNIS asked about the hours of operation and the number of nights per week.

CAMPBELL said from 8:00 p.m. until 11:00 p.m., for a total of seven nights.

DENNIS asked Mr. Campbell if he would be adverse to the Commission stipulating hours of 7:00 p.m. until midnight Friday and Saturday.

CAMPBELL said not that he can think of but asked why and added that he hasn’t had any complaints.

There was general discussion regarding hours of operation, number of nights the event would be open, parking requirements, etc.

CAMPBELL said he wants to cooperate and would be open to anything that is reasonable. He mentioned that the greenhouse business is seasonal (March – September) but they would be willing to do whatever is required as far as parking is concerned. He asked staff to define the term “parking space”.

MILLER suggested that the Commission could approve the rezoning with the stipulation that parking be taken care of before next Halloween.

LONGNECKER said he would get with the applicant after the meeting to answer any questions he had.

MCKAY clarified that parking for the greenhouse and the Halloween “Haunted Woods” were two separate items.

LONGNECKER said the intent of staff was to provide parking for the nursery/garden center, which they viewed as a year round operation.

G. SHERMAN commented that the Staff Report addresses the parking for the greenhouse. He said since the applicant has obtained a permit for the Haunted Woods for the last two years, it must be considered adequate by the people who issue permits for that activity.

B. JOHNSON said he thought the objection had to do with providing screening between the residence and the haunted woods area.

J. JOHNSON clarified that there is no requirement for a fence between the properties because they are both zoned General Commercial.

MILLER said there is no requirement to screen activity from a General Commercial zoned site.

WARREN said he is not sure screening is the solution. He said the applicant does have the right to use the property with reasonable restrictions on noise and sound affecting surrounding neighbors.

LARRY MEEKS, 1746 S. MAIN said the concern expressed at the DAB meeting last night was that the greenhouse does not have any parking. He said customers have been using Topeka Street which is gravel, so the applicant is not in compliance with the City Code. He said somehow that got lost in discussion of the sound problems with the Halloween event.

Page 4 of 5

433

G. SHERMAN assured Mr. Meeks that the recommendation in front of Commission requires the applicant to provide parking per City Code so that won’t get lost in the discussion.

There was general discussion concerning the noise ordinance.

VANZANDT briefly reviewed the noise ordinance.

MILLER STEVENS commented that the noise ordinance is pretty much useless when the events occur at night. She said the WPD has some limited capacity to measure noise; however, that has to be prearranged.

MOTION: To approve subject to staff recommendation with the added condition that parking for the greenhouse be provided according to Code within one year.

MCKAY moved, J. JOHNSON seconded the motion, and it carried (9-4). DENNIS, G. SHERMAN, NEUGENT and WARREN – No.

DENNIS said the Code is too broad and he would like to see some limits on this activity.

J. JOHNSON said he does not want the Commission to put additional limits on what the City Code currently allows.

B. JOHNSON said he agrees with COMMISSIONER J. JOHNSON and will support the motion.

Page 5 of 5

434 Agenda Report No. II-25

City of Wichita City Council Meeting December 10, 2013

TO: Mayor and City Council

SUBJECT: ZON2013-00029 – Zone change request from SF-5 Single-family Residential to TF-3 Two-family Residential on property generally located west of North Millwood Avenue, 160 feet north of West 1st Street North, six blocks west of North Seneca Street and south West Central Avenue (215 North Millwood Avenue). (District VI)

INITIATED BY: Metropolitan Area Planning Department

AGENDA: Planning (Consent)

MAPC Recommendation: The Metropolitan Area Planning Commission recommended approval of the request (13-0).

DAB Recommendation: District Advisory Board VI unanimously recommended approval of the request (7-0).

MAPD Staff Recommendation: Metropolitan Area Planning Department staff recommended approval of the request.

Page 1 of 2 435 Background: The application area is approximately 15,680 square feet of SF-5 Single-family Residential (SF-5) zoned land located west of North Millwood Avenue and 160 feet north of West 1st Street North (one and one-quarter blocks north of West Douglas Avenue, six blocks west of North Seneca Street; 215 North Millwood Avenue). The property is platted and contains an older house, built in 1915 that the applicant would like to demolish and replace with a duplex structure. Therefore, the applicant is requesting TF-3 Two-family Residential (TF-3) zoning.

The Wichita-Sedgwick County Unified Zoning Code (UZC) defines a duplex as two principal dwelling units located within a single building (Article II, Section II.B.4.i). The TF-3 zoning district requires a minimum lot area of 3,500 square feet for a single-family residences and 3,000 square feet per dwelling unit for a duplex. The application area contains approximately 15,680 square feet, which could potentially permit up to four single-family units or two duplex structures; however, by the time the site complies with building setback, parking and access requirements, and deals with the site’s atypical shape, it is unlikely the site could be developed to the potential maximum number of units. In the TF-3 zoning district the: minimum lot width is 35 feet; minimum required building setbacks are 25 feet (front), 20 feet (rear), six feet (interior side) and 15 feet (street side); maximum building height is 35 feet and one parking space per dwelling unit is required. Each lot containing a dwelling would have to have street frontage.

The properties surrounding the application area are a mix of uses and zoning. Located immediately to the north is active railroad property that is zoned SF-5. Farther north are single-family residences on SF-5 zoned lots. East of the application area, across North Millwood Avenue, is MF-18 Multi-family Residential (MF-18) zoned railroad land; a MF-18 zoned single-family residence and a LI Limited Industrial zoned machine shop. South of the site is a SF-5 zoned garage (owned by the applicant) and a nonconforming LI zoned residence built in 1900. West of the site, across a 20-foot alley is a LI zoned warehouse and three SF-5 zoned single-family residences, one of which is owned by the applicant.

There have not been any protests filed. Approval of the request as recommended by the MAPC requires a simple majority.

Financial Considerations: Approval of this request will not create any financial obligations for the City.

Legal Considerations: The Law Department has reviewed and approved the ordinance as to form.

Attachments: MAPC minutes, DAB memo and ordinance.

Page 2 of 2 436 (150004) Published in The Wichita Eagle on December 20, 2013

ORDINANCE NO. 49-639

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF WICHITA, KANSAS.

SECTION 1. That having received a recommendation from the 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 Wichita-Sedgwick County Unified Zoning Code, Section V-C, as adopted by Section 28.04.010, as amended, the zoning classification or districts of the lands legally described hereby are changed as follows: Case No. ZON2013-00029

A zone change from SF-5 Single-family Residential (“SF-5”) to TF-3 Two-family Residential (TF-3), on property described as:

Lots 13, 14, 15, 16 & the north 10.5 fee of Lot 17, Block 3, Junction Town Company Addition to Wichita, Sedgwick County, Kansas

SECTION 3. That this Ordinance shall take effect and be in force from and after its adoption and publication in the official City paper.

ADOPTED this 17th day of December, 2013.

ATTEST:

______Karen Sublett, City Clerk Carl Brewer, Mayor

(SEAL)

Approved as to form:

______Gary E. Rebenstorf, Director of Law

Page 1 of 1

437 438 439 440 441 Agenda Report No. II-26 City of Wichita City Council Meeting December 10, 2013

TO: Mayor and City Council

SUBJECT: ZON2013-00030 – Zone change from LC Limited Commercial to GC General Commercial with a Protective Overlay on property generally located on the east side of Interstate Highway-235 and on the northwest corner of Hoover Road and Central Avenue. (District VI)

INITIATED BY: Metropolitan Area Planning Department

AGENDA: Planning (Consent)

MAPC Recommendation: The MAPC recommends approval (13-0), subject to the provisions of Protective Overlay #282.

DAB VI Recommendation: DAB VI recommends approval (7-0), subject to the provisions of Protective Overlay #282.

MAPD Staff Recommendation: The MAPD staff recommends approval, subject to the provisions of Protective Overlay #282.

ZON2013-00030 Wichita City Council – December 10, 2013 Page 1 of 3

442

Background: The applicant requests GC General Commercial zoning on the LC Limited Commercial zoned subject site. The platted site is located on the east side of Interstate Highway-235 and the northwest corner of Central Avenue and Hoover Road. The applicant is requesting the GC zoning to allow a body and paint shop. A body and paint shop is defined in the Wichita-Sedgwick County Unified Zoning Code (UZC), as “vehicle repair general”; Article II Section II-B.14.h. The GC zoning district allows general vehicle repair by right; UZC, Article III Section III-D.6. The site is currently used for outdoor car sales (CON2006-00004), an associated “vehicle repair limited” garage with six bays and a four bay (no doors) self serve car wash (BZA27-81).

Development located east and northeast of the site, across Hoover Road, include a LC zoned small commercial strip (built in 1969) containing a drinking and eating restaurant (Walt’s DER), retail and a “quick loan” business. There is also a LC zoned small free-standing restaurant (built in 1969). TF-3 Duplex Residential and SF-5 Single-Family Residential zoned single-family residences (built in the early 1950s) are abutting and adjacent to the north and northeast side of the site. South of the site, across Central Avenue, are a LC zoned limited vehicle repair garage (built in 1957) and a Goodwill store. Abutting the west side of the site is the Central Avenue - Interstate Highway-235 interchange. This portion of Central Avenue, from West Street to the Interstate Highway, is almost stripped out with LC zoning supporting a mixture of small free-standing retail, small retail strips, a few offices, limited vehicle repair garages and some DERs and restaurants. An exception is the GC zoned (ZON2001-12 and Protective Overlay PO #92) paint and body shop located mid-mile on the southwest corner of Tracy Street and west Central Avenue.

Analysis: At the District Advisory Board VI (DAB VI) meeting held November 4, 2013, DAB VI voted, 7-0, to approve the requested GC zoning subject to the following provisions of PO #282: A. Permitted uses are restricted to those uses permitted by-right in the LC Limited Commercial district plus “vehicle repair, general.” The conditions of CON2006-00004 shall also be in effect. B. All vehicles that are awaiting repair for body and paint, mechanical, electrical or similar repair are to be screened from ground view from abutting / adjoining properties and from abutting streets. The vehicles will be stored in area surrounded with solid screening and a solid gate. Solid screening shall be provided per the Unified Zoning Code. No tires or parts will be stored outside the screened area. All dumpsters, trash containers and containers for oil or automotive fluids shall be located within the solid screened area where vehicles are stored while waiting for repair. All solid screening shall be installed within 60 days of approval by the governing body. C. All outside display, with the exception of cars for sale, shall be located within 10 feet of the office- garage building. D. The area where vehicles are stored waiting for repair shall be paved. E. Landscaping shall be 1-½-times the Landscape Ordinance, including a 10-foot wide landscape buffer provided along the north, west and east sides of the site. No storage of vehicles is permitted within that 10-foot wide landscape buffer. The required landscaping of CON2006-00004 shall be brought back into compliance. All landscaping shall be planted no later than the spring planting season. F. The car wash on the site shall not be used by the general public, but only for those vehicles that are being repaired at the shop. The car wash shall have solid screening around its north, east and west sides, with a 10-foot wide landscape buffer around its north, east and west sides. Landscaping shall be 1-½ times the Landscape Ordinance. The car wash and vehicle storage area can be one, combined area. All landscaping shall be planted no later than the spring planting season. G. The paint and body shop shall comply with all local, state and federal regulations. H. No storage of wrecked vehicles for salvage. No working on vehicles outside. I. A site plan shall be provided for review and final approval within 60 days of approval by the MAPC or the governing body. The site plan shall show, but not limited to, parking for customers and employees, screening, landscaping, the area where vehicles awaiting repair are stored, trash receptacles, and all existing development.

ZON2013-00030 Wichita City Council – December 10, 2013 Page 2 of 3

443

At the Metropolitan Area Planning Commission (MAPC) meeting held November 7, 2013, the MAPC voted, 13-0, to approve the requested GC zoning with the above noted provisions of PO #282. There were no citizens who spoke against the request at the MAPC or DAB meetings. Planning has received no phone calls protesting the request. There have been no valid protest petitions filed with the City Clerk.

Financial Considerations: There are no financial considerations in regards to the zoning request.

Legal Considerations: The ordinance has been reviewed and approved as to form by the Law Department.

Recommendation/Actions: It is recommended that the City Council adopt the findings of the MAPC, approve the zone change subject to the additional recommended provisions of Protective Overlay #282, and place the ordinance establishing the zone change on first reading (simple majority required).

Attachments: • Ordinance • MAPC minutes • DAB memo

ZON2013-00030 Wichita City Council – December 10, 2013 Page 3 of 3

444 OCA 150004 ORDINANCE NO. 49-640

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF WICHITA, KANSAS.

SECTION 1. That having received a recommendation from the 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 Wichita-Sedgwick County Unified Zoning Code, Section V-C, as adopted by Section 28.04.010, as amended, the zoning classification or districts of the lands legally described hereby are changed as follows:

Case No. ZON2013-00030 Zone change from LC Limited Commercial (“LC”) to GC General Commercial (“GC”) on an approximately a 0.42-acre property described as:

Lot 1, Block A, S.H. Sampson Addition to Wichita, Sedgwick County, Kansas; generally located east of Interstate Highway-235, on the northwest corner of Central Avenue and Hoover Road.

SUBJECT TO THE FOLLOWING PROVISIONS OF PROTECTIVE OVERLAY DISTRICT #282: A. Permitted uses are restricted to those uses permitted by-right in the LC Limited Commercial district plus ‘vehicle repair, general.’ The conditions of CON2006-00004 shall also remain in effect. B. All vehicles that are awaiting repair for body and paint, mechanical, electrical or similar repair are to be screened from ground view from abutting / adjoining properties and from abutting streets. The vehicles will be stored in area surrounded with solid screening and a solid gate. Solid screening shall be provided per the Unified Zoning Code. No tires or parts will be stored outside the screened area. All dumpsters, trash containers and containers for oil or automotive fluids shall be located within the solid screened area where vehicles are stored while waiting for repair. All solid screening shall be installed within 60 days of approval by the governing body. C. All outside display, with the exception of cars for sale, shall be located within 10 feet of the office- garage building. D. The area where vehicles are stored waiting for repair shall be paved. E. Landscaping shall be 1-½-times the Landscape Ordinance, including a 10-foot wide landscape buffer provided along the north, west and east sides of the site. No storage of vehicles is permitted within that 10-foot wide landscape buffer. The required landscaping of CON2006-00004 shall be brought back into compliance. All landscaping shall be planted no later than the spring planting season. F. The car wash on the site shall not be used by the general public, but only for those vehicles that are being repaired at the shop. The car wash shall have solid screening around its north, east and west sides, with a 10-foot wide landscape buffer around its north, east and west sides. Landscaping shall be 1-½ times the Landscape Ordinance. The car wash and vehicle storage area can be one, combined area. All landscaping shall be planted no later than the spring planting season. ZON2013-00030 Page 1 of 2 445 G. The paint and body shop shall comply with all local, state and federal regulations. H. No storage of wrecked vehicles for salvage. No working on vehicles outside. I. A site plan shall be provided for review and final approval within 60 days of approval by the MAPC or the governing body. The site plan shall show, but not limited to, parking for customers and employees, screening, landscaping, the area where vehicles awaiting repair are stored, trash receptacles, and all existing development.

SECTION 3. That this Ordinance shall take effect and be in force from and after its adoption and publication in the official City paper.

______Carl Brewer - Mayor ATTEST:

______Karen Sublett, City Clerk

(SEAL)

Approved as to form: ______Gary E. Rebenstorf, City Attorney

ZON2013-00030 Page 2 of 2 446 447 448 449 450 451 Agenda Report No. II-27 City of Wichita City Council Meeting December 10, 2013

TO: Mayor and City Council

SUBJECT: ZON2013-00031 – Zone change from SF-5 Single-Family Residential to MH Manufactured Housing on property generally located on the south side of MacArthur Road and a half-mile west of Seneca Street. (District IV)

INITIATED BY: Metropolitan Area Planning Department

AGENDA: Planning (Consent)

MAPC Recommendation: The MAPC recommends approval (13-0).

DAB IV Recommendation: DAB IV recommends approval (10-0).

MAPD Staff Recommendation: The MAPD staff recommends approval.

ZON2013-00031 Wichita City Council – December 10, 2013 Page 1 of 2

452

Background: The applicant requests MH Manufactured Housing zoning on the SF-5 Single-Family Residential zoned unplatted tract. The SF-5 zoned tract is a narrow and long (+/- 30-foot x 1,501-foot) strip of land that runs along a north portion of the east side of a west abutting, platted MH zoned manufactured home park. The abutting MH zoned manufactured home park has numerous accessory structures (sheds) and a deck encroaching into the SF-5 zoned subject site. An accessory structure of a MH zoned manufactured home is not allowed in SF-5 zoning, thus the requested MH zoning. The MH zoning district has a 20-foot interior side yard and rear yard setback, as well as a 25-foot setback from all public streets.

The Wichita-Sedgwick County Unified Zoning Code (UZC), Article II, Section II.B.8.c. defines a manufactured home park as a parcel of land that has been planned and improved in some manner, and used or intended to be used by occupied Manufactured Homes not placed on permanent foundations.

The subject site is part of a large (+/- 61.84-aces) SF-5 zoned unplatted tract that contains at least one single-family residence, trailers, a Recreational Vehicle, other assorted vehicles and a nonconforming night club in the city (Step-N-Out) all clustered around the north end of a spent sand pit. Located further east is undeveloped SF-5 land and a vacant LC Limited Commercial zoned convenience store. North of the site, across MacArthur Road, are SF-5 zoned single-family residences (built, 1906, 1930s and 1950s), a GO General Office and LC zoned church and a small retail strip. There is a small GC General Commercial zoned area located within the LC and GO zoned church. There is also LC, MH and SF-5 zoned manufactured home parks. West of the site is the already mentioned MH zoned manufactured home park, another MH zoned manufactured home park and undeveloped SF-5 zoned land. South of the site is another SF-5 zoned spent sand pit with a MF-29 Multi-Family Residential zoned apartment complex developed around its east side.

Analysis: At the District Advisory Board IV (DAB IV) meeting held November 4, 2013, DAB IV voted, 10-0, to approve the requested MH zoning subject to a boundary shift and the dedication of 35 feet of public street right-of-way to MacArthur Road.

At the Metropolitan Area Planning Commission (MAPC) meeting held November 7, 2013, the MAPC voted, 13-0, to approve the requested MH zoning subject to a boundary shift and the dedication of 35 feet of public street right-of-way to MacArthur Road. There were no citizens who spoke against the request at the MAPC or DAB meetings. Planning has received no phone calls protesting the request. There have been no valid protest petitions filed with the City Clerk.

Financial Considerations: There are no financial considerations in regards to the zoning request.

Legal Considerations: The ordinance has been reviewed and approved as to form by the Law Department.

Recommendation/Actions: It is recommended that the City Council adopt the findings of the MAPC, approve the zone change subject to a boundary shift and dedication of 35 feet of public street right-of- way, and instruct the Planning Department to forward the ordinance for first reading when the boundary shift is complete (simple majority required).

Attachments: • Ordinance • MAPC minutes • DAB memo

ZON2013-00031 Wichita City Council – December 10, 2013 Page 2 of 2

453 OCA 150004 ORDINANCE NO. 49-641

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF WICHITA, KANSAS.

SECTION 1. That having received a recommendation from the 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 Wichita-Sedgwick County Unified Zoning Code, Section V-C, as adopted by Section 28.04.010, as amended, the zoning classification or districts of the lands legally described hereby are changed as follows:

Case No. ZON2013-00031 Zone change from SF-5 Single-Family Residential (“SF-5”) to MH Manufactured Housing (“MH”), subject to a boundary shift and dedication of 35 feet of public street right-of-way to MacArthur Road on an approximately 1.00-acre property described as:

A portion of the Northeast Quarter of Section 18, Township 28 South, Range 1 East, of the Sixth Principal Meridian, Sedgwick County, Kansas described as beginning at the northwest corner of said Northeast Quarter; thence S00°56'54"E (assumed) along the west line of said Northeast Quarter (also being the east line of Lot 1, Silver Spur Second Addition to Wichita, Kansas, Sedgwick County, Kansas), 1501.38 feet, to a point on the west line of said Northeast Quarter, said point is 1149.40 feet north of the southwest corner of said Northeast Quarter; thence N89°02'32"E, along the northerly extension of the north line of Lot 1, South Lake Addition to the City of Wichita, Sedgwick County, Kansas, 30.00 feet; thence N00°56'54"W, parallel with the west line of said Northeast Quarter, 1501.36 feet to a point on the north line of said Northeast Quarter; thence S89°05'47"W, along the north line of said Northeast Quarter, 30.00 feet to the Point of Beginning. Subject to Road Right of Ways of record, Wichita, Sedgwick County, Kansas; generally located on the south side of MacArthur Road, ½-mile west of Seneca Street.

SECTION 3. That this Ordinance shall take effect and be in force from and after its adoption and publication in the official City paper.

______Carl Brewer - Mayor ATTEST:

______Karen Sublett, City Clerk

(SEAL) ZON2013-00031 Page 1 of 2 454

Approved as to form: ______Gary E. Rebenstorf, City Attorney

ZON2013-00031 Page 2 of 2 455 456 457 458 459 460 Agenda Report No. II-28

City of Wichita City Council Meeting December 10, 2013

TO: Mayor and City Council

SUBJECT: ZON2013-00027 – Zone change request from B Multi-family Residential and LC Limited Commercial to LC Limited Commercial on property generally located southwest of the Maple Street and McLean Boulevard intersection (District IV)

INITIATED BY: Metropolitan Area Planning Department

AGENDA: Planning (Consent)

MAPC Recommendation: The MAPC recommended approval of the request (13-0).

DAB Recommendation: District Advisory Board IV recommended approval of the request (7-2-1).

MAPD Staff Recommendation: Metropolitan Area Planning Department staff recommended approval of the request.

Page 1 of 2

461 Background: The applicant’s undeveloped property is zoned a combination of B Multi-family Residential (B) and LC Limited Commercial (LC). The applicant intends to develop the site with a multi- family residential project, but requests a rezoning to have one consistent zoning district on the property. LC zoning permits multi-family residential development at the same density as B zoning (75 dwelling units per acre), but offers more flexibility in allowing office and commercial uses, and allows increased building height (80 feet in LC as compared to 55 feet in B). Both zoning districts have the same development standards regarding off-street parking, screening and landscaping. LC zoning allows more sign area under the Sign Code than B zoning.

The application area is located in the southeast corner of the Delano Neighborhood. The site is located within the boundaries of the Delano Neighborhood Plan (adopted in 2001) and the Project Downtown Plan (adopted in 2010). A small parcel adjacent to the north side of the site is zoned LI Limited Industrial (LI) and is developed with a warehouse/office. Property north of the site is zoned LC and developed with the Lawrence Dumont baseball stadium and associated parking. The elevated Kellogg expressway exists south of the site, further south are B zoned single and multi-family residences. East of the site is McLean Boulevard and the Arkansas River, further east is the Waterwalk PUD development. West of the site is the GC General Commercial (GC) zoned Wichita Ice Center.

Analysis: District Advisory Board (DAB) IV heard the rezone request on November 4, 2013, and recommended (7-2-1) approval. No citizens spoke at the DAB hearing on this request.

At the Metropolitan Area Planning Commission (MAPC) meeting held on November 7, 2013, the MAPC voted (13-0) to recommend approval of the request. No citizens spoke at the MAPC hearing and no protests were filed on this request.

Financial Considerations: Approval of this request will not create any financial obligations for the City.

Legal Considerations: The Law Department has reviewed and approved the ordinance as to form.

Recommendation/Actions: It is recommended that the City Council adopt the findings of the MAPC and approve the zone change request, place the ordinance on first reading and authorize the Mayor to sign the ordinance (simple majority vote required).

Attachments: • Ordinance • MAPC minutes • DAB memo

Page 2 of 2

462 OCA 150004 ORDINANCE NO. 49-642

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF WICHITA, KANSAS.

Case No. ZON2013-00027 Zone change from B Multi-family Residential (B) and LC Limited Commercial (LC) to LC Limited Commercial (LC) on approximately 4.41 acreS described as:

The north 60 feet of Lot 1, Water Walk West Addition to Wichita, Sedgwick County, Kansas.

SECTION 3. That this Ordinance shall take effect and be in force from and after its adoption and publication in the official City paper.

______Carl Brewer - Mayor ATTEST:

______Karen Sublett, City Clerk

(SEAL)

Approved as to form: ______Gary E. Rebenstorf, City Attorney

463

Agenda Item No. II-29

City of Wichita City Council Meeting December 10, 2013

TO: Wichita Airport Authority

SUBJECT: Westar Agreements for Installation of Street Lights Wichita Mid-Continent Airport

INITIATED BY: Department of Airports

AGENDA: Wichita Airport Authority (Consent)

Recommendation: Initiate the project, approve the budget and agreements.

Background: Street light improvements are identified in the Airport Capital Improvement Program (CIP) as part of the utility improvements. The existing street light system is prone to outages, plus poles are breaking during high wind events due to age.

Analysis: Replacement locations are planned on Crossfield Road, Airport Road, and Mid-Continent Drive. Additionally, a highly-traveled and congested segment of Midfield Road will have street lights installed where none exist today. Westar is the sole source for installation of street lights and the circuiting.

Financial Considerations: A project budget of $415,000 is requested. This project is funded with available funds of the Airport and the issuance of general obligation bonds repaid with Airport revenue. Westar has provided proposals for the installation of street lights along the Loop Road in the amount of $94,719. Other proposals will be forthcoming once planning is complete.

Legal Considerations: The Law Department has reviewed and approved the agreements as to form. City Code section 2.64.020 allows sole source procurement when items are available only from one vendor or, such as here, from the utility provider.

Recommendations/Actions: It is recommended that the Wichita Airport Authority approve the project budget, approve the agreements, and authorize the necessary signatures.

Attachments: Westar agreements.

464 465 466

Agenda Item No. II-30

City of Wichita City Council Meeting December 10, 2013

TO: Wichita Airport Authority

SUBJECT: Irrigation System Improvements Wichita Mid-Continent Airport

INITIATED BY: Department of Airports

AGENDA: Wichita Airport Authority (Consent)

Recommendation: Initiate the project and approve the budget.

Background: The former Airport water well was taken out of service several years ago as 1950’s era piping was failing and various projects removed segments of the water main system pipes. Staff worked with the Kansas Department of Agriculture, Division of Water, to change the water rights from industrial use to irrigation, and received approval to establish four smaller wells strategically located to more efficiently serve the landscaping for ACT 3 and other programs. This project is listed in the Airport Capital Improvement Program (CIP).

Analysis: This project will install two of the four smaller wells along with installing and extending irrigation systems. The improvements are located to benefit the most important areas to landscape while keeping the network of irrigation mains minimized and to not interfere with tenant operations.

Financial Considerations: A budget of $375,000 is requested for this project. This project is funded with available funds of the Airport and the issuance of general obligation bonds repaid with Airport revenue.

Legal Considerations: None.

Recommendations/Actions: It is recommended that the Wichita Airport Authority approve the project budget and authorize necessary signatures.

Attachments: None.

467

Agenda Item No. II-31

City of Wichita City Council Meeting December 10, 2013

TO: Wichita Airport Authority

SUBJECT: Tenant Parking Lot and Landside Paving Improvements Wichita Mid-Continent Airport

INITIATED BY: Department of Airports

AGENDA: Wichita Airport Authority (Consent)

Recommendation: Initiate the project and approve the budget.

Background: Parking lot and paving improvements are needed in 2014 to serve tenants and customers in the central campus. The central campus is generally identified as the area between Mid-Continent Drive and Airport Road which is bordered on the south by the terminal and the north by Harry Street. This project is listed in the Airport Capital Improvement Program.

Analysis: The improvements provide additional parking capacity for tenants in addition to reconstructing and extending the useful life of pavements that are in poor condition.

Financial Considerations: A budget of $560,000 is requested for this project. This project is funded with available funds of the Airport and the issuance of general obligation bonds repaid with Airport revenue.

Legal Considerations: None.

Recommendations/Actions: It is recommended that the Wichita Airport Authority approve the budget and authorize the necessary signatures.

Attachments: None.

468

Agenda Item No. II-32

City of Wichita City Council Meeting December 10, 2013

TO: Wichita Airport Authority

SUBJECT: Sidewalk Extensions Wichita Mid-Continent Airport

INITIATED BY: Department of Airports

AGENDA: Wichita Airport Authority (Consent)

Recommendation: Adjust the project budget.

Background: A system of sidewalks is planned on the Airport to interconnect tenant facilities, the hotel, parking areas, and the terminal for safety of the pedestrian community. Sidewalks have previously been constructed as part of several projects beginning in 2009. Phase 1 of this project was initiated on October 23, 2012, with an initial budget of $45,000. Additional phases are listed in the Airport Capital Improvement Program.

Analysis: The next phase of sidewalk improvements will focus on sidewalks to support the new terminal and parking programs plus connect to a sidewalk planned by Public Works and Utilities along Harry Street. Future phases will continue to interconnect sidewalks and facilities.

Financial Considerations: A budget increase of $120,000 is requested for the next phase of the sidewalk improvements project, bringing the total budget to $165,000. This project is funded with available funds of the Airport and the issuance of general obligation bonds repaid with Airport revenue.

Legal Considerations: None.

Recommendations/Actions: It is recommended that the Wichita Airport Authority approve the project budget adjustment and authorize necessary signatures.

Attachments: None.

469

Agenda Item No. II-33

City of Wichita City Council Meeting December 10, 2013

TO: Wichita Airport Authority

SUBJECT: FAA Cable Relocation Reimbursable Agreement Wichita Mid-Continent Airport

INITIATED BY: Department of Airports

AGENDA: Wichita Airport Authority (Consent)

Recommendation: Approve the Reimbursable Agreement with the Federal Aviation Administration (FAA) on a sole source basis.

Background: Within the Terminal Apron Phase III project, other airfield work will be performed to complete the Air Capital Terminal (ACT 3) program. The associated work will improve an airfield storm water channel to mitigate a wildlife problem, as well as incorporate the required stormwater quality treatment to serve the new terminal project.

Analysis: The project improves a drainage channel near the Airport Surveillance Radar (ASR) site. This will require the relocation of three FAA Remote Transmitter/Receiver (RTR) cables. It will also require electronics engineering support by the FAA before and after the cut-over to the new cables, and bringing up any equipment that may have gone off-line due to the transition. The FAA is a sole source for this work.

Financial Considerations: The Reimbursable Agreement developed by the FAA indicates the cost of the work will not exceed $35,715. The full amount is required to be paid as a lump sum prior to the start of the work. If the work does not use the full amount of the pre-payment, the excess will be refunded to the Airport. The approved Apron III project budget will cover the cost of this agreement. This project is funded with FAA Airport Improvement Program grant funds, Passenger Facility Charge collections, available funds of the Airport, and the issuance of general obligation bonds repaid with Airport revenue.

Legal Considerations: The Reimbursable Agreement has been reviewed and approved as to form by the Law Department. City Code Section 2.64.020 allows sole source purchase when services are available from only one vendor.

Recommendations/Actions: It is recommended that the Wichita Airport Authority approve the agreement and authorize the Director of Airports to sign all the documents related to the Reimbursable Agreement.

Attachments: FAA Cable Relocation Reimbursable Agreement.

470 471 472 473 474 475 476 477 478 Wichita, Kansas December 9, 2013 10:00 a.m., Monday Conference Room, 12th Floor

MINUTES - BOARD OF BIDS AND CONTRACTS*

The Board of Bids and Contracts met with Martha Strayer, Administrative Assistant, Public Works Engineering in the Chair; Fanny Chan, Accountant, Finance, representing the Director of Finance, Elizabeth Goltry Wadle, Budget Analyst, Budget Office, Clarence Rose, Senior Buyer, representing Purchasing, Eoghan Miller, Management Fellow, representing the City Manager’s Office, and Karen Sublett, City Clerk, present.

Minutes of the regular meeting dated December 2, 2013, were read and on motion approved.

Bids were opened December 6, 2013, pursuant to advertisements published on:

WICHITA AIRPORT AUTHORITY/OPERATIONS DIVISION: Two Man Basket Aerial Platform Truck.

Truck Utilities Inc - $120,000.00

The Purchasing Division recommended that the contracts be awarded as outlined above, same being the lowest and best bid.

On motion the Board of Bids recommended that the contracts be awarded as outlined above, same being the lowest and best bid.

On motion the Board of Bids adjourned.

______Martha Strayer, Administrative Assistant, Department of Public Works

______Karen Sublett, MMC City Clerk

1 479