Agenda City Council Regular Meeting Thursday, June 27, 2019 Spring Hill Civic Center 401 N

AGENDA CITY COUNCIL REGULAR MEETING THURSDAY, JUNE 27, 2019 SPRING HILL CIVIC CENTER 401 N. MADISON, COUNCIL CHAMBERS 7:00 P.M.

CALL TO ORDER

INVOCATION

PLEDGE OF ALLEGIANCE

ROLL CALL

APPROVAL OF AGENDA

CITIZEN PARTICIPATION

CONSENT AGENDA: The items on the Consent Agenda are considered by staff to be routine business items. Approval of the items may be made by a single motion, seconded, and a majority vote with no separate discussion of any item listed. Should a member of the Governing Body desire to discuss any item, it will be removed from the Consent Agenda and considered separately. 1. Approval of Minutes: June 4, 2019, Special Meeting

2. Approval of Minutes: June 13, 2019, Regular Meeting

3. Appropriation Order 2019-06-27

4. Consider Approval of Amended Contract: Enterprise Resource Planning (ERP) System, Tyler Technologies

5. Consider Approval of Contract: Polygraph Services, Jeff Cohee Polygraph Services 6. Consider Approval of Commercial Fireworks Retail Sales Permit: FS-2019-0008, Timothy Durkin, 20559 S. Lone Elm Road

FORMAL COUNCIL ACTION

7. Ordinance No. 2019-12: Ordinance authorizing the issuance and delivery of $[11,275,000] principal amount of General Obligation refunding and improvement bonds, Series 2019B

8. Resolution No. 2019-R-12: Resolution prescribing the form and details of and authorizing the delivery of $[11,275,000] principal amount of general obligation refunding and improvement bonds, Series 2019B

9. Ordinance 2019-13: Z-01-19, Rezoning R-R Rural Residential to M-1 Industrial, Southwest corner of 223rd Street & Woodland Road

DISCUSSION

10. Budget 2020

ANNOUNCEMENTS and REPORTS

EXECUTIVE SESSION - Attorney-Client Exception

ADJOURN THE FOLLOWING MINUTES ARE SUBJECT TO MODIFICATION AND ARE NOT OFFICIAL MINUTES UNTIL APPROVED BY THE SPRING HILL CITY COUNCIL

City of Spring Hill, Kansas Minutes of City Council Special Session June 4, 2019

A Special Session of the City Council was held in the Spring Hill Civic Center, 401 N. Madison, 401 Event Space (aka Reception Room), Spring Hill, Kansas on June 4, 2019. The meeting convened at 6:35p.m. with Mayor Ellis presiding and Glenda Gerrity, City Clerk, recording.

Councilmembers in attendance: Chris Leaton, via telephone Tim Pittman, via telephone Floyd Koder Chad Eckert Andrea Hughes

Staff in attendance: Jim Hendershot, City Administrator Melanie Landis, Assistant City Administrator Frank H. Jenkins, Jr., City Attorney

Consultants in attendance: Tyler Ellsworth, Bond Counsel

ROLL CALL The City Clerk called the roll of the City Council. With a quorum present, the meeting commenced.

EXECUTIVE SESSION – Attorney-Client Exception Motion by Koder, seconded by Eckert, to recess into Executive Session for 20 minutes to discuss anticipated litigation pursuant to the attorney client exception K.S.A. 75-4319 (b) (2) of the Kansas Open Meetings Act. The open meeting will resume in the City Council Chambers at 6:55p.m. Persons to be in attendance are the following: Jim Hendershot, City Administrator, Melanie Landis, Assistant City Administrator, Tyler Ellsworth, Bond Counsel, and Frank Jenkins, City Attorney.

Motion amended by Koder, seconded by Eckert, that the open meeting will resume in the Reception Room (401 Event Space). Motion carried 5-0-0.

The meeting recessed at 6:35p.m. The meeting reconvened at 6:55p.m. with everyone present.

Mayor Ellis announced that no votes were taken or decisions made during the executive session. The discussion was limited to the subject stated.

Spring Hill City Council Special Session Minutes June 4, 2019 Page 1 of 2

THE FOLLOWING MINUTES ARE SUBJECT TO MODIFICATION AND ARE NOT OFFICIAL MINUTES UNTIL APPROVED BY THE SPRING HILL CITY COUNCIL

EXECUTIVE SESSION – Attorney-Client Exception Motion by Koder, seconded by Eckert, to recess into Executive Session for 10 minutes to discuss anticipated litigation pursuant to the attorney client exception K.S.A. 75-4319 (b) (2) of the Kansas Open Meetings Act. The open meeting will resume in the Reception Room at 7:08p.m. Persons to be in attendance are the following: Jim Hendershot, City Administrator and Frank Jenkins, City Attorney. Motion carried 5-0-0.

The meeting recessed at 6:58p.m. The meeting reconvened at 7:08p.m. with everyone present.

Mayor Ellis announced that no votes were taken or decisions made during the executive session. The discussion was limited to the subject stated.

FORMAL COUNCIL ACTION Ordinance No. 2019-12: Relating to Tow Procedures for Abandoned Vehicles The City Attorney submitted an ordinance providing for hearing procedure by owners to contest the validity of a motor vehicle tow by the City of Spring Hill.

Motion by Koder, seconded by Hughes, to approve Ordinance 2019-12, in substantial form, relating to the tow procedures for abandoned vehicles. Motion carried by roll of the City Council 5-0-0. Eckert-yea, Pittman-yea, Koder-yea, Hughes-yea, Leaton-yea.

ADJOURN Motion by Eckert, seconded by Koder, to adjourn. Motion carried 5-0-0.

The meeting adjourned at 7:10p.m.

Glenda Gerrity, City Clerk

Approved by the Governing Body on .

Spring Hill City Council Special Session Minutes June 4, 2019 Page 2 of 2

THE FOLLOWING MINUTES ARE SUBJECT TO MODIFICATION AND ARE NOT OFFICIAL MINUTES UNTIL APPROVED BY THE SPRING HILL CITY COUNCIL

City of Spring Hill, Kansas Minutes of City Council Regular Session June 13, 2019

A Regular Session of the City Council was held in the Spring Hill Civic Center, 401 N. Madison, Council Chambers, Spring Hill, Kansas on June 13, 2019. The meeting convened at 7:00p.m. with Mayor Ellis presiding and Glenda Gerrity, City Clerk, recording.

Councilmembers in attendance: Tim Pittman Floyd Koder Chad Eckert Chris Leaton attended the executive sessions via telephone

Councilmembers absent: Andrea Hughes

Staff in attendance: Melanie Landis, Asst. City Administrator Cindy Henson, Chief of Police

Consultants in attendance: Frank Jenkins, City Attorney Tyler Ellsworth, Body Counsel

INVOCATION The invocation was given by Pastor Logan Moore, Ocheltree Baptist Church.

PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited.

ROLL CALL The City Clerk called the roll of the City Council. With a quorum present, the meeting commenced.

APPROVAL OF AGENDA The Mayor requested to add an Executive Session under the Attorney-Client Exception and move Item 9. Consider Authorization to purchase Police Department Vehicles to formal action.

Motion by Koder, seconded by Eckert, to approve the agenda as revised.

CITIZEN PARTICIPATION Bill Peterman, 19431 W. 200th Street, addressed the Governing Body about the road condition of Webster Street and the first impression it gives visitors to Spring Hill. The Mayor stated that the City is reviewing options for repairing Webster Street.

Spring Hill City Council Regular Session Minutes June 13, 2019 Page 1 of 5

THE FOLLOWING MINUTES ARE SUBJECT TO MODIFICATION AND ARE NOT OFFICIAL MINUTES UNTIL APPROVED BY THE SPRING HILL CITY COUNCIL

PRESENTATION Life Saving Award – Spring Hill Police Department Chief Henson presented Officer Ashe with a Life Saving Award. She reported that on May 13th, at approximately 6:40pm, Officer Ashe responded to a medical call. When he arrived, he was met in the driveway by the parents carrying their 3-year old child, Silas. Silas had stopped breathing and was unconscious. Officer Ashe took immediate action and began to administer back strikes to dislodge the chuck of hot dog. After several strikes, the piece of hot dog became dislodged, and Silas began to breathe again. Because of his quick assessment and action, Silas made a full recovery. Silas and his parents were present for the presentation. Silas offered a hug to Officer Ashe and presented him with a life saving ribbon for his uniform.

CONSENT AGENDA Motion by Koder, seconded by Eckert, to approve the consent agenda. 1. Approval of Minutes: May 21, 2019, Special Meeting 2. Approval of Minutes: May 23, 2019, Regular Meeting 3. Appropriation Order 2019-06-13 4. Consider Approval of Special Events: Various Events on Historic Main Street, Main Street Businesses 5. Consider Approval of Improvement Agreement: Boulder Springs III, FP-01-19, RP-1 and RP-2, North of 199th St and East of Woodland Rd., Grata Development, LLC, Mr. Travis Schram 6. Consider Approval of Final Development Plans: Boulder Springs III, FP-01-19, RP-1 and RP-2, North of 199th St and East of Woodland Rd., Grata Development, LLC, Mr. Travis Schram 7. Consider Approval of Improvement Agreement: Summerhill Acres, 2nd Plat, FP-05-19, 22466 Victory Road, Klaasmeyer, LLC 8. Consider Approval of Final Plat: Summerhill Acres, 2nd Plat, FP-05-19, 22466 Victory Road, Klaasmeyer, LLC Motion carried 3-0-0.

FORMAL COUNCIL ACTION 9. Consider Authorization to purchase Police Department Vehicles Chief Henson reported that two vehicles in the police department, which include a 2005 Ford Taurus with over 124,000 miles and the 2011 Jeep Liberty with over 81,000 miles, need replacement. When purchasing used vehicles, attempts to align the purchase of selected used vehicles with council meetings creates timing and availability challenges in order to comply with the city’s purchasing policy. Staff has searched for used vehicles and have found suitable replacements which would meet the needs of the department. The purchase to replace the two unmarked vehicles with used vehicles, were approved with the 2019 budget allocation. In addition, the equipment will be removed from the Taurus and Jeep and re-installed in the used vehicles.

Staff recommended that the City Council approve pre-authorization to the Chief of Police to purchase two used vehicles not to exceed to $40,000.

Motion by Koder, seconded by Eckert, to approve the authorization to the Chief of Police to purchase two used vehicles not to exceed $40,000.00. Motion carried 3-0-0.

Spring Hill City Council Regular Session Minutes June 13, 2019 Page 2 of 5

THE FOLLOWING MINUTES ARE SUBJECT TO MODIFICATION AND ARE NOT OFFICIAL MINUTES UNTIL APPROVED BY THE SPRING HILL CITY COUNCIL

10. Consider Appointment of Municipal Court Judge Mayor Ellis reported that he and the City Clerk interviewed four applicants for the Municipal Court Judge position. The Mayor nominated Michelle DeCisso, who has been serving as the interim Judge, to the permanent position of Municipal Court Judge for Spring Hill, Kansas.

Motion by Pittman, seconded by Koder, to approve the appointment of Michelle DeCisso as Municipal Court Judge. Motion carried 3-0-0.

11. Consider Board Appointment of Parks Advisory Board The Mayor reported that the City received a resignation from George Eshnaur, who served on the Parks Advisory Board. The Mayor nominated Carol Thomas to serve in the un-expired term.

Motion by Pittman, seconded by Koder, to approve the appointment of Carol Thomas to the Park Advisory Board. Motion carried 3-0-0.

12. Resolution No. 2019-R-11: Amended Resolution Authorizing Sale of Series 2019B General Obligation Bonds and repealing 2019-R-09 (Dayton Creek Phase 1 & Phase II Special Benefit District) Asst. City Administrator Landis reported at the May 9th, 2019 council meeting, Resolution 2019-R-09 was approved authorizing the public sale of general obligation bonds in the amount of $7,690,000. Since that time, it has come to the City’s attention that there is an opportunity for interest cost savings from refunding the Build America Bonds issued in 2009. The Build America Bonds carry an interest rate greater than what the city can gain on the market today thereby lowering annual debt payments by an estimated average of $37,000 per year over the remaining life of the bonds. The refunding savings is estimated to be 6.18% of debt service and GFOA recommends that when there is more than 3% savings potential, refunding be reviewed and considered. Including the refunding within the City’s current issuance will help to achieve cost efficiency by not having a separate new issue and reduces overall issuance costs.

As a result, the proposed resolution increases the amount of the proposed bond issue to $11,275,000, repealing Resolution 2019-R-09.

Motion by Koder, seconded by Pittman, to approve Resolution 2019-R-11. Motion carried 3-0-0.

EXECUTIVE SESSION – ATTORNEY-CLIENT EXCEPTION Motion by Pittman, seconded by Eckert, to recess into Executive Session for 10 minutes to discuss anticipated litigation pursuant to the attorney client exception K.S.A. 75-4319 (b) (2) of the Kansas Open Meetings Act. The open meeting will resume in the City Council Chambers at 7:40p.m. Persons to be in attendance are the following: Melanie Landis, Assistant City Administrator, Katie Worthington, Consultant Investigator and Frank H. Jenkins, Jr., City Attorney. Motion carried 3-0-0.

The meeting recessed at 7:23p.m. with the executive session to begin at 7:30p.m.

Spring Hill City Council Regular Session Minutes June 13, 2019 Page 3 of 5

THE FOLLOWING MINUTES ARE SUBJECT TO MODIFICATION AND ARE NOT OFFICIAL MINUTES UNTIL APPROVED BY THE SPRING HILL CITY COUNCIL

The meeting reconvened at 7:40 p.m. with everyone present, including Councilman Leaton who joined the executive session, via telephone.

Mayor Ellis announced that no votes were taken or decisions made during the executive session. The discussion was limited to the subject stated.

Extended Motion by Eckert, seconded by Pittman, to extend the executive session for 10 minutes. Motion carried 4- 0-0.

The meeting recessed at 7:41 p.m. The meeting reconvened at 7:51 p.m. with everyone present.

Mayor Ellis announced that no votes were taken or decisions made during the executive session. The discussion was limited to the subject stated.

Extended Motion by Pittman, seconded by Koder, to extend the executive session for 5 minutes. Motion carried 4-0- 0.

The meeting recessed at 7:53 p.m. The meeting reconvened at 7:58 p.m. with everyone present.

Mayor Ellis announced that no votes were taken or decisions made during the executive session. The discussion was limited to the subject stated.

EXECUTIVE SESSION – ATTORNEY-CLIENT EXCEPTION Motion by Pittman, seconded by Eckert, to recess into Executive Session for 10 minutes to discuss anticipated litigation pursuant to the attorney client exception K.S.A. 75-4319 (b) (2) of the Kansas Open Meetings Act. The open meeting will resume in the City Council Chambers at 8:11p.m. Persons to be in attendance are the following: Melanie Landis, Assistant City Administrator, Frank H. Jenkins, Jr., City Attorney and Tyler Ellsworth, Bond Counsel. Motion carried 4-0-0.

The meeting recessed at 8:01p.m. The meeting reconvened at 8:11p.m. with everyone present.

Mayor Ellis announced that no votes were taken or decisions made during the executive session. The discussion was limited to the subject stated.

EXECUTIVE SESSION –NON-ELECTED PERSONNEL Motion by Pittman, seconded by Eckert, to recess into Executive Session for 25 minutes to discuss update of specific employees; manager performance pursuant to the non-elected personnel exception K.S.A. 75- 4319 (b) (1) of the Kansas Open Meetings Act. The open meeting will resume in the City Council Chambers

Spring Hill City Council Regular Session Minutes June 13, 2019 Page 4 of 5

THE FOLLOWING MINUTES ARE SUBJECT TO MODIFICATION AND ARE NOT OFFICIAL MINUTES UNTIL APPROVED BY THE SPRING HILL CITY COUNCIL at 8:40p.m. Persons to be in attendance are the following: Frank H. Jenkins, Jr., City Attorney. Motion carried 4-0-0.

The meeting recessed at 8:15p.m. The meeting reconvened at 8:40 p.m. with everyone present.

Mayor Ellis announced that no votes were taken or decisions made during the executive session. The discussion was limited to the subject stated.

Extended Motion by Eckert, seconded by Pittman, to extend the executive session for 20 minutes. Motion carried 4- 0-0.

The meeting recessed at 8:41 p.m. The meeting reconvened at 9:01 p.m. with everyone present.

Mayor Ellis announced that no votes were taken or decisions made during the executive session. The discussion was limited to the subject stated.

Extended Motion by Koder, seconded by Pittman, to extend the executive session for 30 minutes. Motion carried 4- 0-0.

The meeting recessed at 9:01p.m. with the executive session to begin at 9:05p.m. The meeting reconvened at 9:35 p.m. with everyone present.

Mayor Ellis announced that no votes were taken or decisions made during the executive session. The discussion was limited to the subject stated.

ADJOURN Motion by Koder, seconded by Pittman, to adjourn. Motion carried 4-0-0.

The meeting adjourned at 9:36p.m.

Glenda Gerrity, City Clerk

Approved by the Governing Body on .

Spring Hill City Council Regular Session Minutes June 13, 2019 Page 5 of 5

CITY OF SPRING HILL, KANSAS

APPROPRIATION ORDER NUMBER 2019-06-27 PRESENTED: June 27, 2019

Be it ordered by the Governing Body of the City of Spring Hill that the above dated order is and shall be approved and all claims honored and paid by the City Clerk.

Section 1: Claims paid prior to approval of the City Council as authorized by Ordinance 2001-08:

Accounts Payable: $93,869.87 Payroll: $83,788.56 $177,658.43

Section 2: Claims presented for approval of payment:

Accounts Payable: $558,224.91 $558,224.91

Total amount of the Appropriation Order: $735,883.34 Payable Number Description (Payable) Account Number Payment Number Payment Date Amount Vendor: 01693 - ALEIDA GARCIA 3503 COMMUNITY CENTER DEPOSIT REFUND 100-2200 $200.00 Vendor 01693 - ALEIDA GARCIA Total: $200.00 Vendor: 00043 - ALL STAR AWARDS & AD SPECIALTIES, INC 448185 EMPLOYEE RECOGNITION 100-800-6090 $101.50 Vendor 00043 - ALL STAR AWARDS & AD SPECIALTIES, INC Total: $101.50 Vendor: 00044 - ALL-CITY MANAGEMENT SERVICES 61960 CROSSING GUARD SERVICES - 05/12-05/25/19 100-800-7500 $1,014.12 Vendor 00044 - ALL-CITY MANAGEMENT SERVICES Total: $1,014.12 Vendor: 00074 - ANIXTER INC. 107508896 EQUIPMENT - PD 100-800-8110 $86.50 Vendor 00074 - ANIXTER INC. Total: $86.50 Vendor: 00113 - ATRONIC ALARMS, INC 346740 FIRE ALARM MONITORING - CH 100-720-7190 $59.00 346740 FIRE ALARM ANNUAL INSPECTION - CH 100-720-7190 $636.00 Vendor 00113 - ATRONIC ALARMS, INC Total: $695.00 Vendor: 00150 - BMI 35049248 MUSIC LICENSE RENEWAL - SHAC 100-730-7700 $322.20 Vendor 00150 - BMI Total: $322.20 Vendor: 01685 - CAMEO TAYLOR-DYE 3610 COMMUNITY CENTER DEPOSIT REFUND 100-2200 $200.00 Vendor 01685 - CAMEO TAYLOR-DYE Total: $200.00 Vendor: 01690 - CASEY'S GENERAL STORE INV0000729 COURT - RESTITUTION 100-2254 $47.09 Vendor 01690 - CASEY'S GENERAL STORE Total: $47.09 Vendor: 00244 - COHORST ENTERPRISES, INC PAY EST #3 CONSTRUCTION - DAYTON CREEK SBD 3 406-000-8000 $458,953.38 Vendor 00244 - COHORST ENTERPRISES, INC Total: $458,953.38 Vendor: 00255 - COMMERCIAL AQUATIC SERVICES 34572-1 TRAINING & SEMINARS 100-730-5310 $142.50 Vendor 00255 - COMMERCIAL AQUATIC SERVICES Total: $142.50 Vendor: 01584 - COMPASS GROUP USA, INC. 052480000016605 ADMINISTRATION SUPPLIES - CH 100-110-6110 $86.49 Vendor 01584 - COMPASS GROUP USA, INC. Total: $86.49 Vendor: 01605 - CONVERGEONE, INC 2012164 CONSULTING SERVICES - MAY 2019 100-110-7160 $417.00 2012164 CONSULTING SERVICES - MAY 2019 510-660-7160 $208.17 2012164 CONSULTING SERVICES - MAY 2019 520-670-7160 $208.16 Vendor 01605 - CONVERGEONE, INC Total: $833.33 Vendor: 00267 - CORE & MAIN LP K624094 WATERLINE REPAIRS 510-660-6615 $452.00 Vendor 00267 - CORE & MAIN LP Total: $452.00 Vendor: 00274 - CRAFCO, INC 25505639 EQUIPMENT MAINTENANCE 100-640-6750 $1,258.70 1600003453 EQUIPMENT MAINTENANCE -WARRANTY REPLACEMENT CREDIT 100-640-6750 -$429.82 Vendor 00274 - CRAFCO, INC Total: $828.88 Vendor: 01692 - CUSTOM TREE CARE, INC 18048 PROFESSIONAL SERVICES 100-620-7190 $1,975.00 Vendor 01692 - CUSTOM TREE CARE, INC Total: $1,975.00 Vendor: 00391 - EVCO WHOLESALE FOOD 0389213 CONCESSIONS INVENTORY - SHAC 100-730-6110 $39.49 0389213 CONCESSIONS INVENTORY - SHAC 100-730-6300 $2,087.14 0393820 CONCESSIONS INVENTORY - SHAC 100-730-6300 $965.86 Vendor 00391 - EVCO WHOLESALE FOOD Total: $3,092.49 Vendor: 00435 - FORTE PAYMENT SYSTEMS 006143320 ELECTRONIC PAYMENT PROCESSOR FEES - MAY 2019 100-110-7770 DFT0000599 06/10/2019 $141.33 Vendor 00435 - FORTE PAYMENT SYSTEMS Total: $141.33 Vendor: 01606 - GLOBAL PAYMENTS DIRECT, INC. 20008647 ELECTRONIC PAYMENT PROCESSOR FEES - APR 2019 100-110-7770 DFT0000601 05/02/2019 $67.57 30011026 ELECTRONIC PAYMENT PROCESSOR FEES - APR 2019 510-660-7770 DFT0000600 05/02/2019 $216.52 30011026 ELECTRONIC PAYMENT PROCESSOR FEES - APR 2019 520-670-7770 DFT0000600 05/02/2019 $216.53 40034854 ELECTRONIC PAYMENT PROCESSOR FEES - APR 2019 510-660-7770 DFT0000602 05/02/2019 $754.98 40034854 ELECTRONIC PAYMENT PROCESSOR FEES - APR 2019 520-670-7770 DFT0000602 05/02/2019 $754.98 Payable Number Description (Payable) Account Number Payment Number Payment Date Amount 40034856 ELECTRONIC PAYMENT PROCESSOR FEES - APR 2019 100-110-7770 DFT0000603 05/02/2019 $347.20 10007452 ELECTRONIC PAYMENT PROCESSOR FEES - MAY 2019 100-110-7770 DFT0000605 06/03/2019 $67.55 20007614 ELECTRONIC PAYMENT PROCESSOR FEES - MAY 2019 510-660-7770 DFT0000604 06/03/2019 $216.39 20007614 ELECTRONIC PAYMENT PROCESSOR FEES - MAY 2019 520-670-7770 DFT0000604 06/03/2019 $216.39 30016818 ELECTRONIC PAYMENT PROCESSOR FEES - MAY 2019 100-110-7770 DFT0000607 06/03/2019 $367.95 40025132 ELECTRONIC PAYMENT PROCESSOR FEES - MAY 2019 510-660-7770 DFT0000606 06/03/2019 $820.80 40025132 ELECTRONIC PAYMENT PROCESSOR FEES - MAY 2019 520-670-7770 DFT0000606 06/03/2019 $820.81 Vendor 01606 - GLOBAL PAYMENTS DIRECT, INC. Total: $4,867.67 Vendor: 00573 - INTEGRITY LOCATING SERVICES, LLC 3188 UTILITY LOCATING SERVICES - MAY 2019 100-620-7190 $1,860.00 3188 UTILITY LOCATING SERVICES - MAY 2019 510-660-7190 $1,860.00 3188 UTILITY LOCATING SERVICES - MAY 2019 520-670-7190 $1,860.00 Vendor 00573 - INTEGRITY LOCATING SERVICES, LLC Total: $5,580.00 Vendor: 00575 - INTERNAL REVENUE SERVICE INV0000687 MEDICARE TAXES PAYABLE 100-2100 DFT0000576 06/07/2019 $2,547.82 INV0000687 MEDICARE TAXES PAYABLE 510-2100 DFT0000576 06/07/2019 $192.38 INV0000687 MEDICARE TAXES PAYABLE 520-2100 DFT0000576 06/07/2019 $240.86 INV0000688 SOCIAL SECURITY TAXES PAYABLE 100-2100 DFT0000577 06/07/2019 $10,893.70 INV0000688 SOCIAL SECURITY TAXES PAYABLE 510-2100 DFT0000577 06/07/2019 $822.52 INV0000688 SOCIAL SECURITY TAXES PAYABLE 520-2100 DFT0000577 06/07/2019 $1,029.98 INV0000689 FEDERAL WITHHOLDING TAX PAYABLE 100-2100 DFT0000578 06/07/2019 $8,866.85 INV0000689 FEDERAL WITHHOLDING TAX PAYABLE 510-2100 DFT0000578 06/07/2019 $425.62 INV0000689 FEDERAL WITHHOLDING TAX PAYABLE 520-2100 DFT0000578 06/07/2019 $632.09 INV0000691 MEDICARE TAXES PAYABLE 100-2100 DFT0000580 06/07/2019 $363.72 INV0000692 SOCIAL SECURITY TAXES PAYABLE 100-2100 DFT0000581 06/07/2019 $1,554.90 INV0000693 FEDERAL WITHHOLDING TAX PAYABLE 100-2100 DFT0000582 06/07/2019 $304.11 INV0000699 MEDICARE TAXES PAYABLE 520-2100 DFT0000591 06/07/2019 $4.56 INV0000700 SOCIAL SECURITY TAXES PAYABLE 520-2100 DFT0000592 06/07/2019 $19.54 INV0000701 FEDERAL WITHHOLDING TAX PAYABLE 520-2100 DFT0000593 06/07/2019 $4.20 Vendor 00575 - INTERNAL REVENUE SERVICE Total: $27,902.85 Vendor: 00650 - JOHNSON COUNTY TOPSOIL 216315 PARKS MATERIALS 100-620-6640 $352.00 Vendor 00650 - JOHNSON COUNTY TOPSOIL Total: $352.00 Vendor: 01679 - JOSHUA C. REID 0252 EMPLOYEE RECOGNITION 100-800-6090 $45.00 Vendor 01679 - JOSHUA C. REID Total: $45.00 Vendor: 00675 - KANSAS CITY POWER & LIGHT INV0000722 ELECTRIC SERVICE - 23 16 08 16, WATER PUMP 100-640-7626 DFT0000617 06/11/2019 $125.06 Vendor 00675 - KANSAS CITY POWER & LIGHT Total: $125.06 Vendor: 00677 - KANSAS CITY POWER & LIGHT INV0000717 ELECTRIC SERVICE - 613 S RACE ST 100-710-7626 DFT0000612 06/11/2019 $307.14 Vendor 00677 - KANSAS CITY POWER & LIGHT Total: $307.14 Vendor: 00678 - KANSAS CITY POWER & LIGHT INV0000727 ELECTRIC SERVICE - 20900 SYCAMORE DR 100-730-7626 DFT0000627 06/17/2019 $4,784.79 Vendor 00678 - KANSAS CITY POWER & LIGHT Total: $4,784.79 Vendor: 00679 - KANSAS CITY POWER & LIGHT INV0000715 ELECTRIC SERVICE - WATER DP03 520-670-7626 DFT0000610 06/11/2019 $343.86 Vendor 00679 - KANSAS CITY POWER & LIGHT Total: $343.86 Vendor: 00680 - KANSAS CITY POWER & LIGHT INV0000726 ELECTRIC SERVICE - 22785 W 220 520-670-7626 DFT0000626 06/17/2019 $2,369.66 Vendor 00680 - KANSAS CITY POWER & LIGHT Total: $2,369.66 Vendor: 00681 - KANSAS CITY POWER & LIGHT INV0000719 ELECTRIC SERVICE - 20700 W 223 510-660-7626 DFT0000614 06/11/2019 $25.47 Vendor 00681 - KANSAS CITY POWER & LIGHT Total: $25.47 Vendor: 00682 - KANSAS CITY POWER & LIGHT INV0000721 ELECTRIC SERVICE - 22012 VICTORY RD 100-640-7626 DFT0000616 06/11/2019 $25.23 Vendor 00682 - KANSAS CITY POWER & LIGHT Total: $25.23 Vendor: 00684 - KANSAS CITY POWER & LIGHT INV0000716 ELECTRIC SERVICE - 22711 WOODLAND W/W 520-670-7626 DFT0000611 06/11/2019 $6,592.54 Vendor 00684 - KANSAS CITY POWER & LIGHT Total: $6,592.54 Vendor: 00687 - KANSAS CITY POWER & LIGHT INV0000718 ELECTRIC SERVICE - 22470 S FRANKLIN 100-620-7626 DFT0000613 06/11/2019 $90.16 Vendor 00687 - KANSAS CITY POWER & LIGHT Total: $90.16 Vendor: 00689 - KANSAS CITY POWER & LIGHT Payable Number Description (Payable) Account Number Payment Number Payment Date Amount INV0000720 ELECTRIC SERVICE - 797A S WEBSTER XMAS LIGHTS 100-640-7626 DFT0000615 06/11/2019 $18.14 Vendor 00689 - KANSAS CITY POWER & LIGHT Total: $18.14 Vendor: 00706 - KANSAS PAYMENT CENTER INV0000685 CHILD SUPPORT 1 100-2130 81697 06/07/2019 $158.31 Vendor 00706 - 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STREETS 100-610-6020 DFT0000623 06/17/2019 $133.63 INV0000708 PURCHASING CARD #0191 06/03/19 - STREETS 100-640-6720 DFT0000623 06/17/2019 $1,486.82 INV0000708 PURCHASING CARD #0191 06/03/19 - STREETS 100-730-6730 DFT0000623 06/17/2019 $6.97 Vendor 01561 - VISA Total: $1,762.12 Vendor: 01607 - VISA INV0000709 PURCHASING CARD #0217 06/03/19 - CD / PW 100-500-5310 DFT0000624 06/17/2019 $50.00 INV0000709 PURCHASING CARD #0217 06/03/19 - CD / PW 100-500-5310 DFT0000624 06/17/2019 $18.00 INV0000709 PURCHASING CARD #0217 06/03/19 - CD / PW 100-610-6020 DFT0000624 06/17/2019 $59.00 Vendor 01607 - VISA Total: $127.00 Vendor: 01484 - WESTAR ENERGY INC. INV0000714 ELECTRIC SERVICE - GROUP BILL 100-620-7626 DFT0000609 06/12/2019 $50.20 INV0000714 ELECTRIC SERVICE - GROUP BILL 100-640-7626 DFT0000609 06/12/2019 $497.81 INV0000714 ELECTRIC SERVICE - GROUP BILL 100-720-7626 DFT0000609 06/12/2019 $23.87 INV0000714 ELECTRIC SERVICE - GROUP BILL 100-720-7626 DFT0000609 06/12/2019 $2,170.31 INV0000714 ELECTRIC SERVICE - GROUP BILL 100-730-7626 DFT0000609 06/12/2019 $72.49 INV0000714 ELECTRIC SERVICE - GROUP BILL 100-800-7626 DFT0000609 06/12/2019 $622.09 INV0000714 ELECTRIC SERVICE - GROUP BILL 510-660-7626 DFT0000609 06/12/2019 $1,003.55 INV0000714 ELECTRIC SERVICE - GROUP BILL 520-670-7626 DFT0000609 06/12/2019 $888.72 Vendor 01484 - WESTAR ENERGY INC. Total: $5,329.04 Vendor: 01483 - WESTAR ENERGY INV0000713 ELECTRIC SERVICE - STREET LIGHTS 100-640-7626 DFT0000608 06/12/2019 $3,880.86 Vendor 01483 - WESTAR ENERGY Total: $3,880.86 Vendor: 01505 - WITHHOLDING TAX INV0000686 KANSAS WITHHOLDING TAX PAYABLE 100-2100 DFT0000575 06/07/2019 $3,771.62 INV0000686 KANSAS WITHHOLDING TAX PAYABLE 510-2100 DFT0000575 06/07/2019 $218.27 INV0000686 KANSAS WITHHOLDING TAX PAYABLE 520-2100 DFT0000575 06/07/2019 $304.83 INV0000690 KANSAS WITHHOLDING TAX PAYABLE 100-2100 DFT0000579 06/07/2019 $148.12 INV0000698 KANSAS WITHHOLDING TAX PAYABLE 520-2100 DFT0000590 06/07/2019 $8.26 Vendor 01505 - WITHHOLDING TAX Total: $4,451.10 Vendor: 01507 - WORTHINGTON EMPLOYER SOLUTIONS, LLC INV0000730 PROFESSIONAL SERVICES 100-500-7190 $5,670.00 Vendor 01507 - WORTHINGTON EMPLOYER SOLUTIONS, LLC Total: $5,670.00

Grand Total: $652,094.78

AGENDA ITEM REVIEW SHEET

TO: GOVERNING BODY SUBMITTED BY: MELANIE LANDIS, ASSISTANT CITY ADMINISTRATOR MEETING DATE: JUNE 27, 2019 DATE: JUNE 21, 2019

Consent: Amendment to agreement with Tyler Technologies for Enterprise Resource Planning (ERP) System

Background/Analysis: As City staff works through the final implementation stages of the new software package, modules and functions have been identified for elimination from the contract. City staff has identified an alternate solution to connect to the city’s content management solution that is less costly than the connection offer by Tyler Technologies and after thoroughly reviewing the work order module, staff has determined that this solution is not adequate and will continue to look for a solution that works for all departments. Included in this amendment are the removal of the work order module as well as a connection for the content management solution which were included in the initial investment summary.

Funding Review or Budgetary Impact: The reduction in contract is $18,325.00

Alternatives: 1. Accept the amendment to the agreement with Tyler Technologies. 2. Deny the amendment to the agreement with Tyler Technologies. 3. Table the issue and direct staff to further research.

Legal Review: City attorney, Frank Jenkins, has reviewed and approved the form of the amendment.

Recommendation: Staff recommends that the Council accept the amendment to the agreement with Tyler Technologies.

Attachments: Amendment Amendment to Contract ID# 2016‐0310

AMENDMENT

This amendment (“Amendment”) is made this _____ day of ______, 2019 by and between Tyler Technologies, Inc. with offices at One Tyler Drive, Yarmouth, Maine 04096 (“Tyler”) and the City of Spring Hill whose address is PO Box 424, Spring Hill, KS 66083 (“Client”).

WHEREAS, Tyler and the Client are parties to an agreement dated December 15, 2017 (“Agreement”); and

WHEREAS, Tyler and Client desire to amend the terms of the Agreement as provided herein.

NOW THEREFORE, in consideration of the mutual promises hereinafter contained, Tyler and the Client agree as follows:

1. The Content Management Suite of the Tyler Software, listed below, is hereby removed from the Agreement as of the execution date of this Amendment.

a. Upon such date, Client’s license for such software is terminated, as are Tyler’s obligations to support, maintain, and update such software. Should Client wish to again license and/or use such software, Client shall first pay Tyler the then-current license fee(s) for the software, as well as fees for any required services, support or 3rd party products.

2. This Amendment shall be governed by and construed in accordance with the terms and conditions of the Agreement.

3. All other terms and conditions of the Agreement shall remain in full force and effect.

SIGNATURE PAGE FOLLOWS Amendment to Contract ID# 2016‐0310

IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the dates set forth below.

Tyler Technologies, Inc. City of Spring Hill

By: By:

Name: Name: Steven M. Ellis

Title: Title: Mayor

Date: Date: June 27, 2019

ATTEST:

______Glenda Gerrity, City Clerk

(Seal)

Approved as to Form:

______Frank H. Jenkins Jr., City Attorney

AGENDA ITEM REVIEW SHEET

TO: GOVERNING BODY SUBMITTED BY: CINDY HENSON, CHIEF OF POLICE MEETING DATE: JUNE, 27, 2019 DATE: JUNE 18, 2019

Consent Action Item : Authorization to use Jeff Cohee Polygraph Services (JCPS) for pre-employment polygraph exams.

Background: Our current police policy on hiring, drafted and approved August 2018, lists the requirement of a polygraph for both commissioned and non-commissioned police personnel to be completed during the hiring process. Based on my review it does not appear we have been following the policy. In my experience, polygraph exams offer opportunities to vet potential applicants on character and integrity, beyond the interview and background investigation. Depending on the skills and style of the polygrapher, past behavior, that otherwise is left off the personal history statement or found during a background, may be uncovered. Positioning the polygraph exam prior to the background phase can save countless hours of background work and can effectively eliminate applicants of questionable character and integrity. Mr. Cohee’s experience includes 10 years in the field, with an average of 300 pre-employment backgrounds a year. He is well versed in the best practices of the polygraph exams, holds updated certificates and offers his services to several local agencies. Mr. Cohee has professional/E&O insurance with a $500,000 limit.

Analysis: Staff has searched for local companies that offer pre-employment polygraph exams and found one other such company. Their prices are comparable and the examiner is experienced. However, it is my opinion, confidence and trust of the examiner is equally important, especially when the pool of candidates and employment opportunities are limited.

Alternatives: 1. Approve authorization to use Jeff Cohee Polygraph Services JCPS for pre- employment polygraph exams. 2. Deny authorization to use Jeff Cohee Polygraph Services JCPS for pre- employment polygraph exams. 3. Table the issue and direct staff to further research.

Legal Review: The proposed contract including the insurance certificate provided by Jeff Cohee Polygraph Services has been reviewed by Lowe Law Firm and The Reilly Company. The concern in the amount of insurance carried is low risk based on type of service offered and accepted.

Funding Review or Budgetary Impact: The budgetary impact is based on use. Currently the police department is in the process of hiring the administrative asst./records role and interviewing for the Lieutenant position, both of which require pre-employment polygraph exam. The ideal practice would be to limit the number of applicants, perhaps the top 2 to reduce expense in hiring process.

AGENDA ITEM REVIEW SHEET

Recommendation: Staff recommends the approval to authorize the Chief of Police to use Jeff Cohee Polygraph Services for the purposes of polygraph exams.

Attachments: Contract, Attachment B, Attachment C

CITY OF SPRING HILL, KANSAS, PURCHASING CONTRACT FOR POLYGRAPH SERVICES

THIS CONTRACT (“Contract”) is made and entered in Spring Hill, Kansas, effective as of the ____ day of ______, 2019, (the Effective Date”) by and between the City of Spring Hill, Kansas, a Kansas municipal corporation (“City”), and Jeff Cohee, an individual doing business as Jeff Cohee Polygraph Services (“Contractor”).

1. The Contract Documents; Signatures. Attached to this contract document as EXHIBIT A is a description of the polygraph services that Contractor proposes to provide to City. Attached to this contract document as EXHIBIT B is a certificate for compliance with Kansas anti-discrimination requirements. Attached to this contract document as EXHIBIT C is a list of insurance requirements for Contractor to meet and provide, hereafter referenced in Section 11 below. This contract document, and attached EXHIBITS A, B AND C constitute the entire Contract. The only signature lines of the Contract to be executed by both City and Contractor are on page 5 of this contract document (i.e., no further signatures on EXHIBITS A, B OR C). However, Contractor shall also execute a copy of EXHIBIT B and deliver the executed copy of EXHIBIT B to the City at the same time as Contractor executes this Contract.

2. Price. The price for the polygraph services by Contractor is stated in the section titled “RATES AND BILLING” in attached EXHIBIT A.

3. Conflict in Contract Documents; Modification of EXHIBITS A, B OR C. If there is any conflict between the terms of this contract document and attached EXHIBITS A, B OR C, then the terms of this contract document shall supersede and prevail over any such conflict in attached EXHIBITS A, B OR C.

4. Subcontractors. If Contractor uses a subcontractor or subcontractors to fulfill part of this Contract, Contractor shall provide City in writing the name, address, and contact information of each subcontractor prior to the time the subcontractor commences delivery of any part of the subcontracted services to City. City reserves the right to prohibit Contractor’s use of any subcontractor.

5. Change Order, Amendment, or Modification of Contract. Any extension, change, change order, amendment, or modification of this Contract shall be made only in writing, signed by City and Contractor.

6. Entire Contract. This Contract constitutes the entire agreement between the City and Contractor on this subject, and as such is intended to be the exclusive statement

of the promises, representations, and negotiations made in connection with the subject matter hereof.

7. Time. Time is of the essence in this Contract.

8. Waiver. No waiver of any provision of this Contract shall be effective unless agreed in writing by the party against whom such waiver is sought to be enforced. Waiver of any breach or default hereunder shall not constitute a waiver of any other default or breach, whether similar or otherwise.

9. Applicable Law; Venue; Attorney Fees. This Contract is made in Kansas and is to be interpreted and enforced under Kansas law. Any litigation between the parties arising out of or related to this Contract shall be brought only in the District Court of Johnson County, Kansas, and in no other court or location. In any such litigation, the prevailing party shall be entitled to an award of reasonable attorneys’ fees and expenses incurred in the litigation.

10. Compliance With Kansas Acts Against Discrimination, and Other Discrimination Laws. To the extent applicable, with respect to all services provided by Contractor under this Contract, Contractor agrees to comply with the requirements of 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). Contractor also agrees to comply with all ADA, Civil Rights Act, and Age Discrimination and Employment Act (ADEA) requirements and obligations. Contractor agrees to indemnify and hold City, its officers, Council members, Mayor, employees, volunteers, and agents harmless from all claims and damages, including but not limited to attorneys’ fees and expenses, arising from any failure by Contractor to comply with all such requirements of this Section with respect to all services under this Contract. Contractor shall assure that its subcontractors comply with the requirements of this Section. To confirm compliance, Contractor shall execute and deliver to City, at the same time as when this Contract is executed, a copy of the form that is EXHIBIT B.

11. Insurance; Additional Insured; Waiver of Subrogation. At the time this Contract is executed, Contractor shall provide evidence satisfactory to City that all insurance requirements of Contractor stated in attached EXHIBIT C have been met and are in effect; provided, however, that City may waive, in a writing signed by a City representative, and in City’s sole discretion, any insurance requirements stated in attached EXHIBIT C. Unless, and only to the extent, that City waives in writing all or any part of the insurance requirements in EXHIBIT C, Contractor shall maintain such insurance, at its sole cost and expense, throughout the duration of this Contract, and beyond to the extent required in EXHIBIT C. If City is to be named as an additional insured on any policy, and the certificate of insurance delivered to City states that such additional insured must be authorized in the policy or that a policy endorsement is needed to make the City an additional insured, then Contractor shall provide City evidence of such policy authorization or

endorsement, as applicable, at the same time as the certificate is delivered to City. With respect to any waiver of subrogation required in EXHIBIT C, at the same time as Contractor provides evidence of insurance under EXHIBIT C, Contractor shall provide City evidence that the policy authorizes such waiver of subrogation, or a policy endorsement waiving subrogation, as applicable.

12. Indemnity of City. Contractor, at its sole cost and expense, shall indemnify, hold harmless and protect the City, including its officers, employees, agents, Mayor, City Council members, and volunteers from and against any and all Loss. “Loss” means any and all loss, damage, liability or expense, of any nature whatsoever, whether incurred as a judgment, settlement, penalty, fine, or otherwise (including attorneys’ fees and expenses), in connection with any action, proceeding, demand, or claim, whether real or spurious, for injury, including death, to any person or persons or for damages to or loss of, or the loss of use of, property of any person, firm or corporation, including the parties hereto, which arises out of, or is connected with, or is claimed to arise out of or be connected with, any intentional, wanton or negligent act or omission of the Contractor, its agents, employees, or subcontractors. However, this hold harmless and indemnification shall not apply to the extent such “Loss” results from any negligent, intentional or wanton act or omission on the part of the City, its officers, agents, employees, Mayor, City Council members, or volunteers.

13. Remedy of Defective Services; Contractor Warranties. If any defects in the services provided by Contractor to City are discovered within two (2) years from the delivery of the services to City, Contractor shall promptly remedy such defects at its own expense. In addition to, and not in lieu of, the immediately preceding sentence, all services are being delivered to City by Contractor with an express and implied warranty of merchantability and an express and implied warranty of fitness for a particular purpose.

14. Notices. Notices shall be deemed duly given and delivered upon hand-delivery, or upon mailing, first class or overnight delivery, charges pre-paid, or upon emailing, addressed as below indicated.

If to the City: City of Spring Hill, Kansas 401 North Madison Street P.O. Box 424 Spring Hill, KS 66083 Attn: Glenda Gerrity, City Clerk Email: [email protected]

If to Contractor: Jeff Cohee 21879 W. Limestone Ridge Paola, Kansas 66071 Email: [email protected]

15. Application of Kansas Tort Claims Act. The City is a governmental entity within the meaning of K.S.A. 75-6106 (Kansas Tort Claims Act). The liability for each of the acts or omissions of its officers, employees, agents, volunteers, City Council members, and Mayor shall be determined pursuant to the provisions of that Act. City shall not be deemed to have waived any defense available to it under the provisions of the Act, whether with respect to the Contractor or to third parties.

16. Binding Effect. This Contract shall be binding upon, and inure to the benefit of, the parties and their respective heirs, administrators, executors, successors, and permitted assigns.

17. Right of Termination. Either party may terminate this Contract at any time for any reason, or no reason at all, on 7 days prior written notice. In the event of such termination, City shall pay Contractor for the reasonable value of Contractor’s services rendered to the date of termination.

18. Assignment. Neither party may assign this Contract without the prior written consent of the other party.

19. Independent Contractor. The City and Contractor are a separate entity and person, respectively. Nothing in this Agreement shall be construed to create or imply an agency, participation or joint venture between the parties hereto, nor shall any City Council member, Mayor, officer, director, member, employee or agent of either party be deemed to be a City Council member, Mayor, officer, director, member, employee or agent of the other party for any purpose.

“CITY”

City of Spring Hill, Kansas, a Kansas municipal corporation

By: Steven M. Ellis, Mayor

ATTEST:

By: Glenda Gerrity, City Clerk

APPROVED AS TO FORM:

By: Frank H. Jenkins, Jr., City Attorney

“CONTRACTOR”

Jeff Cohee, d/b/a Jeff Cohee Polygraph Services

By: _ Jeff Cohee

EXHIBIT A

Contractor’s Proposal To Provide Polygraph Services

(See Attached)

June 3, 2019

Chief Cindy Henson Spring Hill, Kansas Police Department

Dear Chief Henson,

I am requesting consideration to provide applicant polygraph screening services for the Spring Hill Police Department. I (Examiner) would be providing these services as a self - insured contractor through my business Jeff Cohee Polygraph Services (JCPS).

I have enclosed my resume/curriculum vitae to highlight my education and experience.

Details of my proposal are as follows:

INITIAL MEETING WITH DEPARTMENT/CITY PERSONNEL

This meeting will allow any involved Department/City personnel to have a Q & A session with reporting examiner prior to any final decision on how and when polygraph will be used. This session will include education on what polygraph can and can’t do, appropriate questions, how the tests are physically administered, chart interpretation, etc. This session is free of charge and normally lasts around 1 to 1.5 hours.

TESTING:

Applicants will be provided and will complete an in depth polygraph background questionnaire prior to polygraph being scheduled (see attachment). Reporting examiner created this questionnaire, and it can be tailored to the specific needs/concerns of your Department.

Upon completion of the questionnaire, assigned Department personnel (usually a background investigator) will review the questionnaire to ensure all questions have been answered, there are no admissions of automatic disqualifiers, etc. If there is an immediate concern but no automatic disqualifier, Examiner would encourage the Department to investigate any overt concern(s) prior to polygraph scheduling to avoid the expense of the examination if the applicant can be eliminated by initial investigative inquiry by the Department.

Testing will normally be done in the late afternoon at the Department and on average will take around 1.5 to 2 hours to complete. Scheduling is usually 1-2 weeks out, but this can vary, so the Department is encouraged to schedule as far out as possible.

Testing will follow approved guidelines and testing formats set forth by American Association of Police Polygraphists (AAPP) and/or the American Polygraph Association (APA). Applicants are initially screened in the pre-test questionnaire on multiple topics, but are normally tested on four main topics-Drugs, Property Crimes, Persons Crimes, and Employment History. If there are other topics you would prefer applicants be tested on, we can switch them out for one or more of the above topics (some departments have a specific test category just for illegal sex acts). Examiner DOES NOT recommend applicants be tested on more than four topics.

The testing consists of three stages: Introduction/Explanation stage, Interview Stage, and Examination Stage. At the conclusion, an opinion of Significant Responses (probable deception), No Significant Responses, or No Opinion will be made by the examiner.

Examiner notes to all clients that applicants should not be automatically cut based on an opinion of Significant Responses or No Opinion if there are NO other supporting factors (i.e. second retest failure, incriminating admissions, inconsistent statements, third party statements, etc).

RECORDING AND REPORTING:

The examination will be video recorded by Examiner. This video can be provided to the Department, but I would prefer to conduct the examination in an interview room where the Department can independently record/monitor the examination, both for their own records and in case there is a recording failure from examiners equipment. A report of all admissions and noteworthy statements will be provided to the Department, almost always within 48 hours of the examination excluding holidays and weekends.

It is important to note that once all reports and video (if necessary) is turned over to the Department, the Department has become the custodian of these records. Examiner will not maintain these records on behalf of the Department.

RATES AND BILLING:

My current rate is $190/exam, but this will be going to $205/exam January 1, 2020. No shows/retests are $100. These costs will not change January 1, 2020.

I normally bill quarterly, but can bill whenever/however you wish.

Sincerely,

Jeff Cohee Certified Forensic Polygraph Examiner (913) 488-4805

EXHIBIT B

Certificate of Nondiscrimination and Affirmative Action

Unless the Contractor employs fewer than four (4) employees during the term of this Contract, or its contracts with the City of Spring Hill cumulatively total $5,000 or less during the fiscal year of the City of Spring Hill, then the undersigned Contractor hereby agrees to observe all the provisions of K.S.A. 44-1030a (a) (1) through (5) which read as follows:

(1) The Contractor shall observe the provisions of the Kansas Act Against Discrimination and shall not discriminate against any person in the performance of work under the present Contract because of race, religion, color, sex, physical handicap unrelated to such person’s ability to engage in the particular work, national origin or ancestry;

(2) In all solicitations or advertisements for employees, the Contractor shall include the phrase, “Equal Opportunity Employer”, or similar phrase to be approved by the Commission;

(3) If the Contractor fails to comply with the manner in which it reports to the Commission in accordance with the provision of K.S.A. 44-1031 and amendments thereto, the Contractor shall be deemed to have breached the present Contract and it may be cancelled, terminated or suspended, in whole or in part, by the City;

(4) If the Contractor is found guilty of a violation of the Kansas Act Against Discrimination under decision or order of the Commission which has become final, the Contractor shall be deemed to have breached the present Contract and it may be cancelled, terminated or suspended, in whole or in part, by the City; and

(5) The Contractor shall include the provisions of subsections (1) through (4) above in every subcontract so that such provisions will be binding upon such subcontractor.

Signing of this certificate certifies to the City of Spring Hill, Kansas, that the Contractor has filed or upon request will file the necessary reports required in Subsection (3) of K.S.A. 44- 1030(a) quoted above and which are available from the Kansas Commission on Civil Rights, or in lieu of said report, has submitted a copy of its “Federal Exemption” form.

Signing of this certificate also acknowledges inclusion of the requirements of K.S.A. 44- 1030(a) as set forth in subsections (1) through (4) of this present section in the base Contract and its inclusion in all future subcontracts.

“CONTRACTOR”

(Full Name of Contractor)

A ______formed (Corporation, LLC, etc., if applicable) in, and active and in good standing in, the State of ______(State)

By: _ (Signature)

Printed Name: ______

Capacity: __

EXHIBIT C

Insurance Requirements

Contractor shall procure and maintain, at its sole cost and expense, prior to the delivery of any services to City, the following insurance coverages with minimum acceptable limits. All insurance policies shall be written with insurance companies acceptable to City and with a current A.M. Best Guide rating of A- and Class VIII or better, and authorized to do business in the State of Kansas.

(1) COMMERCIAL GENERAL LIABILITY

Contractor shall procure and maintain, at its sole cost and expense, throughout the duration of this Contract, and all extensions and modifications, commercial general liability insurance, with a minimum coverage of $1,000,000 per occurrence and $2,000,000 aggregate. This shall be a combined single limit of liability as respects bodily injury, personal injury, and property damage. The coverage, written on an ISO occurrence form CG0001 or equivalent, shall apply to all services furnished by Contractor to City. The policy shall include a severability of interest coverage and shall name City, its officers, employees, Mayor, City Council Members, volunteers, and agents as an additional insured with respect to the services to be performed and provided by Contractor under this Contract. Severability of interest and naming City, its officers, employees, Mayor, City Council Members, volunteers, and agents as additional insured shall be indicated on the certificate of insurance, and shall also be provided by evidence of policy authorization or endorsement, as applicable. Contractor agrees to waive its right of recovery against City for all claims and suits against City that are the subject of such insurance, and the insurers issuing the insurance, through policy authorization or by policy endorsement, as applicable, shall waive their right of subrogation against the City. The certificate of insurance must reflect the waiver of subrogation by policy authorization or by endorsement. The policy, through endorsement, must include wording which states that the policy shall be primary and non-contributing with respect to any insurance carried by the City. The certificate of insurance must reflect that the primary and non-contributing endorsement is included as an endorsement to the policy. Prior to furnishing any services to City under this Contract, Contractor shall furnish to City a certificate of insurance, acceptable to City, evidencing the coverage and endorsements required in this section, accompanied by evidence of the referenced policy authorizations or endorsements, as applicable. The certificate shall agree to provide City 10 day’s prior written

notice of any non-renewal, termination, cancellation, or material modification of the insurance coverage.

(2) WORKER’S COMPENSATION INSURANCE.

Contractor shall procure and maintain, at its sole cost and expense, throughout the duration of this Contract, worker’s compensation insurance, with a minimum coverage of $100,000 per accident, $500,000 policy limit for disease, and $100,000 for each employee for disease. Coverage shall apply to Contractor and Contractor’s employees providing services to City under this Contract. Contractor agrees to waive its right of recovery against City for all claims and suits against City that are the subject of such insurance, and the insurers issuing the insurance, through policy authorization or through policy endorsement, shall waive their right of subrogation against the City. Prior to furnishing any services to City under this Contract, Contractor shall furnish to City a certificate of insurance, acceptable to City, evidencing the coverage and policy authorization or endorsements, as applicable, required in this section. The certificate shall agree to provide City 10 day’s prior written notice of any non-renewal, termination, cancellation, or material modification of the insurance coverage. If Contractor uses any subcontractor to provide services to City in performance of this Contract, then, prior to such subcontractor commencing to provide services at the City, Contractor shall provide City the same type certificate(s) of insurance, and policy authorizations or endorsements, as applicable, as described above, acceptable to City, showing worker’s compensation coverage for the subcontractor and its employees.

(3) PROFESSIONAL LIABILITY/ ERRORS AND OMISSIONS INSURANCE

Contractor shall provide evidence of professional liability/errors and omission insurance in the amount of $1,000,000 per claim, and $2,000 000 aggregate.

(4) CLAIMS MADE POLICY FORMS.

If any such policy above is written on a “claims made” form, the retroactive date must be shown, and must be before the date of this Contract. This insurance must be maintained, and evidence of such insurance must be provided, for 3 years after the date of termination of this Contract. If coverage is canceled or non-renewed and not placed with another “claims made” policy form with a retroactive date prior to the date of this Contract, Contractor must purchase “extended reporting period” (tail) coverage for a minimum period representing at least 3 years after termination of this Contract.

CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 6/14/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: PHONE FAX COMPLETE EQUITY MARKETS INC (A/C, No, Ext): (847)541-0900 (A/C, No): (847)541-0444 E-MAIL 1190 Flex Court ADDRESS: Lake Zurich, IL 60047 INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : Underwriters at Lloyd's, London INSURED INSURER B : Jeff E. Cohee INSURER C : 21879 West Limestone Ridge INSURER D : Paola, KS 66071 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED CLAIMS-MADE OCCUR PREMISES (Ea occurrence) $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ PRO- POLICY JECT LOC PRODUCTS - COMP/OP AGG $ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY (Per accident) $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $

DED RETENTION $ $ WORKERS COMPENSATION PER OTH- STATUTE ER AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N / A (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ Each Claim Professional Liability A 270379 1/1/2019 1/1/2020 Aggregate $500,000

DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

Subject to all policy terms, conditions, exclusions and endorsements of the policy. Certificate Holder is not afforded coverage under the policy.

This policy is issued by an insurer not authorized to do business in Kansas and, as such, the form, financial condition, and rates are not subject to review by the Commissioner of Insurance and the insured is not protected by any guaranty fund.

CERTIFICATE HOLDER CANCELLATION

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. For Informational Purposes Only

AUTHORIZED REPRESENTATIVE

AGENDA ITEM REVIEW SHEET

TO: GOVERNING BODY SUBMITTED BY: JIM HENDERSHOT, CITY ADMINISTRATOR MEETING DATE: JUNE 21, 2019 DATE: JUNE 27, 2019

Consent Action: Approval of Commercial Fireworks Retail Sales permit FS-2019-0008 for Tim Durkin.

Issue: Tim Durkin has submitted a CFRS application for the sale of fireworks at 20559 S. Lone Elm Road at The Bowery Event Center. This application was received after the May 20 deadline, however, after consideration of the matter, it has been placed on the agenda for consideration by the Governing Body.

Background: This is first year for Mr. Durkin to operate at this site. Staff has reviewed the application as well as supporting documents, and everything is in compliance with the city ordinance.

Analysis: All required documents have been received by the Community Development Department along with the required permit fee. Review of the application shows the site to be in compliance with the provisions of the amended ordinance authorizing the sale of fireworks.

Alternatives: Denial, approval or remand back to staff

Legal Review: N/A

Funding Review or Budgetary Impact: N/A

Recommendation: Staff recommends approval of the CFRS permit FS-2019-0008 for, Tim Durkin, located at 20559 S. Lone Elm Road at The Bowery Event Center.

Attachments: Application & documents

AGENDA ITEM REVIEW SHEET

TO: GOVERNING BODY SUBMITTED BY: MELANIE LANDIS, ASSISTANT CITY ADMINISTRATOR MEETING DATE: JUNE 27, 2019 DATE: JUNE 20, 2019

[NOTE: The principal amount of the bond issue may change slightly at the time of the sale and the final resolution will be submitted for Council consideration on the day of the bond sale/Council meeting.]

Formal Action Item: Ordinance authorizing the issuance and delivery of $11,275,000 principal amount of general obligation refunding and improvement bonds, series 2019B, of the City of Spring Hill, KS; and providing for the levy and collection of an annual tax for the purpose of paying the principal of and interest on the bonds as they become due.

Background/Analysis: Refunding of the general obligation bonds through early redemption offers the option to achieve interest cost savings. The refunded issue includes: (a) General Obligation Bonds, Series 2009B, dated September 1, 2009, in the original principal amount of $5,085,000 and the outstanding principal amount of $3,590,000;

Refunding general obligation temporary notes for the purpose of issuance of twenty-year general obligation bonds: (b) General Obligation Temporary Notes, Series 2017A, in the principal amount of $1,590,000, to provide financing for certain sewer improvements related to Dayton Creek Special Benefit District Phase I; (c) General Obligation Temporary Notes, Series 2017B, in the principal amount of $3,000,000, to provide interim financing for certain improvements to the Civic Center;

Issuance of general obligation bonds for: (d) General Obligation Bonds, Series 2019B, in the principal amount of $1,015,000 for Veterans Park and $2,080,000 principal amount for Dayton Creek Special Benefit District Phase II.

Funding Review or Budgetary Impact: Refunded GO bonds will continue to be paid from existing sources, principal and interest for the Dayton Creek Special Benefit Districts Phase I and II will be paid 100% from special assessments, principal and interest for Veterans Parks will be paid from the Special City Sales tax dedicated for recreation and the principal and interest payments for the Civic Center will be paid from the Debt Service fund.

Legal Review: Ordinance was prepared by Kutak Rock, the City’s bond counsel and reviewed by the City’s attorney.

Recommended Motion: Approval of an Ordinance authorizing the issuance and delivery of $11,275,000 principal amount of general obligation refunding and improvement bonds, series 2019B, of the City of Spring Hill, KS; and providing for the levy and collection of an annual tax for the purpose of paying the principal of and interest on the bonds as they become due.

Attachments: Ordinance 2019-12 (draft)

1 ORDINANCE NO. 2019-12

AN ORDINANCE AUTHORIZING THE ISSUANCE AND DELIVERY OF $[11,275,000] PRINCIPAL AMOUNT OF GENERAL OBLIGATION REFUNDING AND IMPROVEMENT BONDS, SERIES 2019B, OF THE CITY OF SPRING HILL, KANSAS; AND PROVIDING FOR THE LEVY AND COLLECTION OF AN ANNUAL TAX FOR THE PURPOSE OF PAYING THE PRINCIPAL OF AND INTEREST ON THE BONDS AS THEY BECOME DUE.

WHEREAS, the City of Spring Hill, Kansas (the “City”), is a city of the second class, created, organized and existing under the laws of the State of Kansas (the “State”); and

WHEREAS, pursuant to 12-1301 et seq., the City has previously issued its General Obligation Bonds (Taxable Build America Bonds – Direct Pay to Issuer), Series 2009B, dated September 1, 2009, in the original principal amount of $5,085,000, and outstanding in the principal amount of $3,755,000 (the “Series 2009B Bonds”); and

WHEREAS, in order to achieve interest cost savings and to provide an orderly plan of finance for the City, it has become desirable and in the best interest of the City and its inhabitants to refund prior to their maturity the Refunded Bonds maturing in the years 2020 through 2029 (the “Refunded Bonds”); and

WHEREAS, the City is authorized by K.S.A. 10-427 et seq., to issue general obligation refunding bonds of the City for the purpose of refunding the Refunded Bonds; and

WHEREAS, pursuant to 12-6a01 et seq., the City has also previously issued its General Obligation Temporary Notes, Series 2017A, in the original principal amount of $1,555,000 (the “Series 2017A Notes”), to provide interim financing for certain infrastructure improvements in connection with the Dayton Creek Phase I Special Benefit District;

WHEREAS, pursuant to 12-1736 et seq., the City has also previously issued its General Obligation Temporary Notes, Series 2017B, in the original principal amount of $2,950,000 (the “Series 2017B Notes” and, together with the Series 2017A Notes, the “Existing Notes”), to provide interim financing for certain improvements to the Civic Center, owned and operated by the City;

WHEREAS, pursuant to K.S.A. 12-1301 et seq. and K.S.A. 12-6a01 et seq., all as amended and supplemented, and other applicable provisions of the laws of the State and proceedings of the City, the Governing Body of the City has authorized the following improvements to be made in the City (the “Improvements”):

(a) Certain improvements to Veteran’s Park in the City; and

(b) Dayton Creek Phase II Special Benefit District improvements; and

4837-6195-1638.1 WHEREAS, all legal requirements pertaining to the Improvements have been complied with, and the Governing Body of the City now finds and determines that the total cost of the Improvements and related expenses excluding prepaid special assessments, if any, are at least $3,095,000; and

WHEREAS, the Governing Body of the City is authorized by law to issue general obligation bonds of the City to pay the costs of the Improvements; and

WHEREAS, the Governing Body of the City has advertised the sale of its general obligation bonds and at a meeting held in the City on this date, will award the sale of such bonds to the lowest bidder; and

WHEREAS, the Governing Body of the City finds and determines that it is necessary for the City to authorize the issuance and delivery of its general obligation bonds in the principal amount of $[11,275,000] to pay, along with other available funds of the City, the costs of the Improvements, redemption of the Existing Notes, and refunding the Refunded Bonds, including the costs of issuance of the Bonds (as herein defined);

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

Section 1. Definitions of Words and Terms.

“Bond and Interest Fund” means the Bond and Interest Fund of the City for its general obligation bonds.

“Bonds” means the City’s General Obligation Refunding and Improvement Bonds, Series 2019B, authorized by this Ordinance in the aggregate principal amount of $[11,275,000], and dated July 23, 2019.

“City” means the City of Spring Hill, Kansas.

“City Clerk” means the appointed and acting City Clerk or, in the City Clerk’s absence, the appointed acting City Clerk of the City.

“City Treasurer” means the appointed and acting City Treasurer or, in the City Treasurer’s absence, the appointed acting City Treasurer of the City.

“Code” means the Internal Revenue Code of 1986, as amended, and the applicable regulations proposed or promulgated thereunder of the United States Department of the Treasury.

“Existing Notes” means the Series 2017A Notes and Series 2017B Notes as described in the recitals to this Ordinance.

“Improvements” means the improvements referred to in the recitals to this Ordinance or any Substitute Improvements, as defined in the Resolution.

4837-6195-1638.1 2 “Mayor” means the elected and acting Mayor of the City or, in the Mayor’s absence, the appointed acting Mayor of the City.

“Ordinance” means this Ordinance of the City authorizing the issuance of the Bonds.

“Refunded Bonds” means the Refunded Bonds as described in the recitals to this Ordinance.

“Resolution” means the Resolution of the City containing the terms and details of the Bonds.

“Series 2009B Bonds” means the Series 2009B Bonds as described in the recitals to this Ordinance.

“Series 2017A Notes” means the Series 2017A Notes as described in the recitals to this Ordinance.

“Series 2017B Notes” means the Series 2017B Notes as described in the recitals to this Ordinance.

“State” means the State of Kansas.

Section 2. Authorization of and Security for the Bonds. There shall be issued and are authorized and directed to be issued the Bonds of the City in the principal amount of $[11,275,000], for the purpose of providing funds, along with other available funds of the City, to pay the costs of the Improvements, redeeming the Existing Notes, and refunding the Refunded Bonds, including payment of the costs of issuance of the Bonds.

The Bonds shall be general obligations of the City payable as to both principal and interest in part from special assessments levied upon the property benefited by the construction of certain improvements and, if not so paid, from ad valorem taxes which may be levied without limitation as to rate or amount upon all the taxable tangible property, real and personal, within the territorial limits of the City. The balance of the principal and interest on the Bonds is payable from ad valorem taxes which may be levied without limitation as to rate or amount upon all the taxable tangible property, real and personal, within the territorial limits of the City. The full faith, credit and resources of the City are irrevocably pledged for the prompt payment of the principal of and interest on the Bonds as the same become due.

Section 3. Terms, Details and Conditions of the Bonds. The Bonds shall be dated and bear interest, shall mature and be payable at such times, shall be in such form, shall be subject to redemption and payment prior to maturity and shall be issued and delivered in the manner prescribed and subject to the provisions, covenants and agreements set forth in the Resolution adopted by the Governing Body of the City.

4837-6195-1638.1 3 Section 4. Levy and Collection of Annual Tax. The Governing Body of the City shall annually make provision for the payment of principal of, premium, if any, and interest on the Bonds as the same become due by levying and collecting the necessary taxes and/or assessments upon all of the taxable tangible property located within the City in the manner provided by law.

The taxes and/or assessments above referred to shall be extended upon the tax rolls in each of the several years, respectively, and shall be levied and collected at the same time and in the same manner as the general ad valorem taxes of the City are levied and collected, and the proceeds derived from the taxes and/or assessments shall be deposited in the Bond and Interest Fund.

If at any time the taxes and/or assessments are not collected in time to pay the principal of or interest on the Bonds when due, the City Treasurer is authorized and directed to pay the principal or interest out of the general funds of the City and to reimburse the general funds for money so expended when the taxes and/or assessments are collected.

Section 5. Tax Covenants. The City covenants and agrees that (1) it will comply with all applicable provisions of the Code, including Sections 103 and 141 through 150, necessary to maintain the exclusion from gross income for federal income tax purposes of the interest on the Bonds; (2) it will comply with all requirements of Section 148 of the Code to the extent applicable to the Bonds, (3) it will use the proceeds of the Bonds as soon as practicable and with all reasonable dispatch for the purposes for which the Bonds are issued, (4) it will not invest or directly or indirectly use or permit the use of any proceeds of the Bonds or any other funds of the City in any manner, or take or omit to take any action, that would cause the Bonds to be “arbitrage bonds” within the meaning of Section 148(a) of the Code; and (5) it will not use or permit the use of any proceeds of the Bonds or any other funds of the City nor take or permit any other action, or fail to take any action, if any such action or failure to take action would adversely affect the exclusion from gross income of the interest on the Bonds. The City will, in addition, adopt such other ordinances or resolutions and take such other actions as may be necessary to comply with the Code and with all other applicable future laws, regulations, published rulings and judicial decisions, in order to ensure that the interest on the Bonds will remain excluded from federal gross income, to the extent any such actions can be taken by the City.

The City covenants and agrees that it will not use any portion of the proceeds of the Bonds, including any investment income earned on such proceeds, directly or indirectly, in a manner that would cause any Bond to be a “private activity bond” as described in the Code.

Section 6. Further Authority. The Mayor, City Clerk and other City officials are further authorized and directed to execute any and all documents and take such actions as they may deem necessary or advisable in order to carry out and perform the purposes of this Ordinance and to make alterations, changes or additions in the agreements, statements, instruments and other documents approved, authorized and confirmed which they may approve, and the execution or taking of such action shall be conclusive evidence of such necessity or advisability.

4837-6195-1638.1 4 Section 7. Governing Law. This Ordinance and the Bonds shall be governed exclusively by and construed in accordance with the applicable laws of the State.

Section 8. Effective Date. This Ordinance shall take effect and be in full force from and after its passage by the Governing Body of the City and publication in the official City newspaper.

[Remainder of Page Intentionally Left Blank]

4837-6195-1638.1 5 PASSED by the Governing Body of the City and approved by the Mayor on June 27, 2019.

CITY OF SPRING HILL, KANSAS

(Seal) Steven M. Ellis, Mayor

ATTEST:

Glenda Gerrity, City Clerk

APPROVED AS TO FORM:

By: Frank H. Jenkins, Jr., City Attorney

APPROVED AS TO FORM:

By: Tyler Ellsworth, Bond Counsel

Bond Ordinance – GO Refunding and Improvement Bonds, Series 2019B AGENDA ITEM REVIEW SHEET

TO: GOVERNING BODY SUBMITTED BY: MELANIE LANDIS, ASSISTANT CITY ADMINISTRATOR MEETING DATE: JUNE 27, 2019 DATE: JUNE 20, 2019

Formal Action Item: Resolution prescribing the form and details of and authorizing the delivery of $11,275,000 principal amount of general obligation refunding and improvement bonds, Series 2019B, of the City of Spring Hill, KS, previously authorized by an ordinance of the City.

Legal Review: Resolution was prepared by Kutak Rock, the City’s bond counsel and reviewed by the City attorney.

Recommended Motion: Approval of resolution 2019-R-12 prescribing the form and details of and authorizing the delivery of $11,275,000 principal amount of general obligation refunding and improvement bonds, Series 2019B, of the City of Spring Hill, KS, previously authorized by an ordinance of the City.

Attachments: Resolution 2016-9-12 (draft)

1 RESOLUTION NO. 2019-R-12

A RESOLUTION PRESCRIBING THE FORM AND DETAILS OF AND AUTHORIZING THE DELIVERY OF $[11,275,000] PRINCIPAL AMOUNT OF GENERAL OBLIGATION REFUNDING AND IMPROVEMENT BONDS, SERIES 2019B, OF THE CITY OF SPRING HILL, KANSAS, PREVIOUSLY AUTHORIZED BY AN ORDINANCE OF THE CITY.

WHEREAS, the City of Spring Hill, Kansas (the “City”), has passed the Ordinance (as herein defined) authorizing the issuance of the Bonds (as herein defined); and

WHEREAS, the Ordinance authorized the Governing Body of the City to adopt a resolution prescribing certain details and conditions of and to make certain covenants with respect to the issuance of the Bonds;

NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF SPRING HILL, KANSAS, AS FOLLOWS:

ARTICLE I DEFINITIONS

Section 1.01. Definitions of Words and Terms.

“Act” shall mean the Constitution and Statutes of the State including, but not limited to, K.S.A. 10-427 et seq., K.S.A. 12-6a01 et seq., K.S.A. 12-1301 et seq. and K.S.A. 12-1736 et seq., inclusive, all as amended and supplemented.

“Authorized Costs” means the amount of expenditures for an improvement, including interest during construction, which has been authorized to be paid by the City by an ordinance or resolution of the City, including expenditures made to redeem outstanding notes issued to pay for such improvement and Costs of Issuance of the Bonds, less (a) the amount of any notes or bonds of the City which are currently outstanding and available to pay such Authorized Costs and (b) any Authorized Costs which have been previously paid by the City or by any eligible source of funds unless such amounts are entitled to be reimbursed under State and federal law.

“Authorized Investments” means those investments authorized by K.S.A. 10-131, as amended and supplemented, and by other provisions of State law applicable to the City.

“Bond and Interest Fund” means the Bond and Interest Fund of the City for its general obligation bonds.

“Bond Counsel” means the firm of Kutak Rock LLP, or any other attorney or firm of attorneys whose expertise in matters relating to the issuance of obligations by states and their political subdivisions is nationally recognized and acceptable to the City.

“Bond Insurer” mean any issuer of a Municipal Bond Insurance Policy, if such an issuer is described on Exhibit B to this Resolution.

4826-0212-2648.1 “Bond Payment Date” means any date on which principal of or interest on any Bond is payable.

“Bond Register” means the books for the registration, transfer and exchange of Bonds kept at the office of the Bond Registrar.

“Bond Registrar” means the State Treasurer, Topeka, Kansas, and any successors and assigns.

“Bonds” means the City’s General Obligation Refunding and Improvement Bonds, Series 2019B, in the aggregate principal amount of $[11,275,000], and dated July 23, 2019.

“Business Day” means a day other than a Saturday, Sunday or holiday on which the Paying Agent is scheduled in the normal course of its operations to be open to the public for conduct of its banking operation.

“Cede & Co.” shall mean Cede & Co., as nominee of The Depository Trust Company, New York, New York.

“City” means the City of Spring Hill, Kansas.

“City Clerk” means the appointed and acting City Clerk of the City or, in the City Clerk’s absence, the appointed acting City Clerk of the City.

“City Treasurer” means the appointed and acting City Treasurer of the City or, in the City Treasurer’s absence, the appointed acting City Treasurer of the City.

“Code” means the Internal Revenue Code of 1986, as amended, and the applicable regulations proposed or promulgated thereunder of the United States Department of the Treasury.

“Costs of Issuance” shall mean all costs of issuing the Bonds, including all publication, preparation, signing and mailing expenses, registration fees, all legal fees and expenses of Bond Counsel and other legal counsel, all fees and expenses of the municipal advisor, all expenses incurred in connection with receiving ratings on the Bonds and all fees of the Attorney General of the State.

“Costs of Issuance Account” means the account by that name created in Section 5.01.

“Costs of Issuance Deposit” means the amount of proceeds of the Bonds to be used to pay the Costs of Issuance of the Bonds as set forth on Exhibit B.

“Defaulted Interest” means interest on any Bond which is payable but not paid on any Interest Payment Date.

“Existing Notes” means, collectively, the Series 2017A Notes and the Series 2017B Notes.

“Final Official Statement” means the final official statement prepared by the City or its representatives in connection with the sale of the Bonds and delivered to the Original Purchaser

4826-0212-2648.1 2 within seven Business Days after the sale of the Bonds in accordance with the SEC Rule. The Final Official Statement includes the information in the Preliminary Official Statement as supplemented or amended.

“Improvement Fund” means the fund by that name created in Section 5.01.

“Improvements” means the improvements referred to in the recitals to the Ordinance and any Substitute Improvements.

“Interest Payment Dates” means March 1 and September 1 of each year, commencing March 1, 2020.

“Letter of Instructions” means the Arbitrage Letter of Instructions (dated as of the date of issuance of the Bonds) attached to the City’s Closing Certificate to be delivered at the time of issuance and delivery of the Bonds relating to certain matters within the scope of Section 148 of the Code, as the same may be amended or supplemented in accordance with its terms

“Maturity” when used with respect to any Bond means the date on which the principal of such Bond becomes due and payable as provided, whether at the Stated Maturity or call for redemption or otherwise.

“Mayor” means the elected and acting Mayor of the City or, in the Mayor’s absence, the appointed or acting Mayor of the City.

“Municipal Bond Insurance Policy” shall mean, if applicable, the municipal bond insurance policy issued by Bond Insurer insuring the payment when due of the principal of and interest on the Bonds as described on Exhibit B to this Resolution.

“Obligated Person” means an obligated person as defined in the SEC Rule.

“Ordinance” means the ordinance of the City authorizing the issuance of the Bonds as further described on Exhibit B to this Resolution.

“Original Purchaser” means the original purchaser of the Bonds described on Exhibit B to this Resolution.

“Outstanding” means as of a particular date of determination, all Bonds authenticated and delivered under the provisions of this Resolution, except:

(a) Bonds canceled by the Paying Agent or delivered to the Paying Agent for cancellation pursuant to this Resolution;

(b) Bonds for the payment or redemption of which moneys or investments have been deposited in accordance with Article XI of this Resolution; and

(c) Bonds in exchange for or in lieu of which other Bonds have been authenticated and delivered pursuant to this Resolution.

4826-0212-2648.1 3 “Owner” when used with respect to any Bond means the Person in whose name such Bond is registered on the registration books of the Bond Registrar.

“Participants” shall mean those financial institutions for whom the Securities Depository effects book-entry transfers and pledges of securities deposited with the Securities Depository, as such listing of Participants exists at the time of such reference.

“Paying Agent” means the State Treasurer, Topeka, Kansas, and any successors and assigns.

“Person” means any natural person, corporation, partnership, joint venture, association, firm, joint-stock company, trust, unincorporated organization, or government or any agency or political subdivision or other public body.

“Preliminary Official Statement” means the Preliminary Official Statement which was prepared by the City and its advisors in connection with the sale of the Bonds and distributed to potential purchasers of the Bonds before the Final Official Statement, as described in the SEC Rule, was made available.

“Principal and Interest Account” means the account by that name created by Section 5.01.

“Purchase Price” means the original purchase price of the Bonds described on Exhibit B to this Resolution.

“Rebate Fund” means the fund by that name created in Section 5.01.

“Record Dates” for the interest payable on any Interest Payment Date means the fifteenth day (whether or not a Business Day) of each month preceding such Interest Payment Date.

“Redemption Date” when used with respect to any Bond to be redeemed means the date fixed for such redemption pursuant to the terms of this Resolution.

“Redemption Fund” means the fund by that name created in Section 5.01.

“Redemption Price” when used with respect to any Bond to be redeemed means the price at which such Bond is to be redeemed pursuant to the terms of this Resolution, including the applicable redemption premium, if any, but excluding installments of interest payable on or before the Redemption Date.

“Refunded Bonds” means the Refunded Bonds as described in the Ordinance.

“Refunded Bonds Deposit” means the amount of proceeds of the Bonds to be used to refund the Refunded Bonds and redeem the Existing Notes as set forth in Exhibit B.

“Replacement Bonds” shall mean Bonds issued to the beneficial owners of the Bonds in accordance with Section 2.04 of this Resolution.

4826-0212-2648.1 4 “Resolution” means this Resolution relating to the Bonds.

“SEC Rule” means the Securities and Exchange Commission Rule 15c2-12 under the Securities Exchange Act of 1934, as amended (17 C.F.R. Section 240.15c2-12).

“Securities Depository” means, initially, The Depository Trust Company, New York, New York, and its successor and assigns.

“Series 2009B Bonds” means the City’s General Obligation Bonds (Taxable Build America Bonds – Direct Pay to Issuer), Series 2009B, dated September 1, 2009.

“Series 2017A Notes” means the City’s General Obligation Temporary Notes, Series 2017A, dated March 28, 2017.

“Series 2017B Notes” means the City’s General Obligation Temporary Notes, Series 2017B, dated December 5, 2017.

“Special Record Date” means the date fixed by the Paying Agent pursuant to Section 2.04 for the payment of Defaulted Interest.

“State” means the State of Kansas.

“State Treasurer” means the elected Treasurer of the State or, in the Treasurer’s absence, the appointed Assistant Treasurer of the State.

“Stated Maturity” when used with respect to any Bond means the date specified in such Bond and this Resolution as the fixed date on which the principal of such Bond is due and payable.

“Substitute Improvements” means the substitute or additional improvements authorized pursuant to Section 6.07 of this Resolution.

“Term Bonds” means the Term Bonds, if any, described on Exhibit B to this Resolution.

“United States Government Obligations” means bonds, notes, certificates of indebtedness, treasury bills or other securities constituting direct obligations of, or obligations the principal of and interest on which are fully and unconditionally guaranteed as to full and timely payment by, the United States of America, including evidence of a direct ownership interest in future interest or principal payment on obligations issued by the United States of America (including the interest component of obligations of the Resolution Funding Corporation), or securities which represent an undivided interest in such obligations, which obligations are rated in the highest rating category by a nationally recognized rating service and such obligations are held in a custodial account for the benefit of the City.

ARTICLE II DETAILS OF THE BONDS

Section 2.01. Authorization of the Bonds. The Bonds have been authorized pursuant to the Ordinance and the Act for the purpose of providing funds, along with other available funds of

4826-0212-2648.1 5 the City, to pay the Authorized Costs of the Improvements, the costs of redeeming the Existing Notes, the costs of refunding the Refunded Bonds, and the Costs of Issuance of the Bonds.

Section 2.02. Description of the Bonds. The Bonds shall consist of fully registered bonds in the denomination of $5,000 or any integral multiple thereof and shall be numbered in such manner as the Bond Registrar shall determine. All of the Bonds shall be dated July 23, 2019, shall become due on the Stated Maturities, and shall bear interest at the rates per annum set forth on Exhibit B to this Resolution.

The Bonds shall bear interest at the rates described on Exhibit B to this Resolution (computed on the basis of a 360-day year of 12 30-day months) from that date or from the most recent Interest Payment Date to which interest has been paid or provided for, which interest shall be payable on the Interest Payment Dates.

Section 2.03. Designation of Paying Agent and Bond Registrar. The State Treasurer is designated as the Paying Agent and Bond Registrar for the Bonds. The Mayor and City Clerk of the City are authorized and empowered to execute on behalf of the City an agreement with the Bond Registrar and Paying Agent for the Bonds. The City reserves the right to appoint a successor Paying Agent or Bond Registrar. No resignation or removal of the Paying Agent or Bond Registrar shall become effective until a successor has been appointed and has accepted the duties of paying agent or bond registrar. Every Paying Agent or Bond Registrar appointed by the City shall at all times meet the requirements of State law and the City will at all times maintain a Paying Agent and Bond Registrar meeting the requirements of State law.

Section 2.04. Initial Registration with Securities Depository, Method and Place of Payment of the Bonds. The Bonds shall be registered on bond registration books maintained by the Bond Registrar to Cede & Co., the nominee for the Securities Depository, and no beneficial owner will receive certificates representing their respective interests in the Bonds, except in the event the City issues Replacement Bonds as provided in this Section. It is anticipated that during the term of the Bonds, the Securities Depository will make book-entry transfers among its Participants and receive and transmit payment of principal of, and interest on, the Bonds until and unless the City authenticates and delivers Replacement Bonds to the beneficial owners in the manner described in this Section.

If the City determines: (a) that the Securities Depository is unable to properly discharge its responsibilities, (b) that the Securities Depository is no longer qualified to act as a securities depository and registered clearing agency under the Securities Exchange Act of 1934, as amended,

4826-0212-2648.1 6 (c) that the continuation of a book-entry only system to the exclusion of any Bonds being issued to any Owner other than Cede & Co., is no longer in the best interest of the beneficial owners of the Bonds, or if the City receives written notice from Participants having interests in not less than 50% of the Bonds, as shown on the records of the Securities Depository, that the continuation of a book-entry only system to the exclusion of Bonds being issued to any Owner other than Cede & Co., is no longer in the best interest of the beneficial owners of the Bonds, or if the Securities Depository determines to discontinue providing book-entry services, then the City shall notify the Owners of the Bonds of such determination or such notice and of the availability of certificates to Owners who request certificates, and the City shall authenticate and deliver Replacement Bonds to the beneficial owners or their nominees in principal amounts representing the interest of each, making such adjustments as it may find necessary or appropriate as to accrued interest and previous calls for redemption. In such event, all references to the Securities Depository in this Resolution shall relate to the period of time when the Securities Depository has possession of at least one certificate. Upon the issuance of Replacement Bonds, all references in this Resolution to obligations imposed upon or to be performed by the Securities Depository shall be deemed to be imposed upon and performed by the City, to the extent such provisions are consistent with and applicable to Replacement Bonds. If the Securities Depository resigns and the City or Bond Owners are unable to locate a qualified successor of the Securities Depository, then the City shall authenticate and deliver Replacement Bonds to the Participants for the benefit of the Bond Owners.

The principal of, or Redemption Price, if any, and interest on the Bonds shall be payable in any coin or currency which, on the respective dates of payment, is legal tender for the payment of public and private debts.

The principal or Redemption Price of each Bond shall be paid at Maturity to the Person in whose name such Bond is registered on the Bond Register at Maturity, upon presentation and surrender of such Bond at the principal office of the Paying Agent.

The interest payable on each Bond on any Interest Payment Date shall be paid to the Owner of such Bond as shown on the Bond Register at the close of business on the Record Date for such interest:

(a) by check or draft mailed by the Paying Agent to the address of such Owner shown on the Bond Register; or

(b) at such other address as is furnished to the Paying Agent in writing by such Owner; or

(c) in the case of an interest payment to any Owner that is a securities depository, by wire transfer to such Owner upon written notice given to the Bond Registrar by such Owner, not less than 15 days prior to the Record Date for such interest, containing the electronic transfer instructions including the bank (which shall be in the continental United States), address, ABA routing number and account number to which such Owner wishes to have such wire directed.

Notwithstanding the provisions of this Section, any Defaulted Interest with respect to any Bond shall cease to be payable to the Owner of such Bond on the relevant Record Date and shall

4826-0212-2648.1 7 be payable to the Owner in whose name such Bond is registered at the close of business on the Special Record Date for the payment of such Defaulted Interest, which Special Record Date shall be fixed as specified in this paragraph. The City shall notify the Paying Agent in writing of the amount of Defaulted Interest proposed to be paid on each Bond and the date of the proposed payment (which date shall be at least 30 days after receipt of such notice by the Paying Agent) and shall deposit with the Paying Agent at the time of such notice an amount of money equal to the aggregate amount proposed to be paid in respect of such Defaulted Interest or shall make arrangements satisfactory to the Paying Agent for such deposit prior to the date of the proposed payment. Following receipt of such funds the Paying Agent shall fix a Special Record Date for the payment of such Defaulted Interest which shall be not more than 15 nor less than 10 days prior to the date of the proposed payment. The Paying Agent shall promptly notify the City of such Special Record Date and, in the name and at the expense of the City, shall cause notice of the proposed payment of such Defaulted Interest and the Special Record Date therefor to be mailed, by first class mail, postage prepaid, to each Owner of a Bond entitled to such notice at the address of such Owner as it appears on the Bond Register not less than 10 days prior to such Special Record Date.

The Paying Agent shall keep a record of payment of principal, redemption premium, if any, and interest on all Bonds and at least annually shall forward a copy or summary of such records to the City.

Section 2.05. Method of Execution and Authentication of the Bonds. The Bonds shall be executed for and on behalf of the City by the manual or facsimile signature of the Mayor, attested by the manual or facsimile signature of the City Clerk and the seal of the City shall be affixed to or imprinted on the Bonds. The Bonds shall be registered in the office of the City Clerk, which registration shall be evidenced by the manual or facsimile signature of the City Clerk with the seal of the City affixed thereto or imprinted thereon. The Bonds shall also be registered in the office of the State Treasurer, which registration shall be evidenced by the manual or facsimile signature of the State Treasurer with the seal of the State Treasurer affixed thereto or imprinted thereon. In the event that any of the previously mentioned officers shall cease to hold such offices before the Bonds are issued and delivered, the Bonds may be issued and transferred to other Owners as though the officers had not ceased to hold office, and such signatures appearing on the Bonds shall be valid and sufficient for all purposes as if they had remained in office until such issuance or transfer.

The Bonds shall not be valid obligations under the provisions of this Resolution until authenticated by the Bond Registrar or an authorized representative of the Bond Registrar by execution of the Certificate of Authentication appearing on each Bond. It shall not be necessary that the same representative of the Bond Registrar execute the Certificate of Authentication on all of the Bonds.

Section 2.06. Registration, Transfer and Exchange of Bonds. The City covenants that, as long as any of the Bonds remain Outstanding, it will cause the Bond Register to be kept at the office of the Bond Registrar as provided herein. Each Bond when issued shall be registered in the name of the Owner on the Bond Register.

4826-0212-2648.1 8 Bonds may be transferred and exchanged only on the Bond Register as provided in this Section. Upon surrender of any Bond at the principal office of the Bond Registrar, the Bond Registrar shall transfer or exchange such Bond for a new Bond or Bonds in any authorized denomination of the same Stated Maturity and in the same aggregate principal amount as the Bond that was presented for transfer or exchange.

Bonds presented for transfer or exchange shall be accompanied by a written instrument or instruments of transfer or authorization for exchange, in a form and with guarantee of signature satisfactory to the Bond Registrar, executed by the Owner or by the Owner’s authorized agent. In all cases in which the privilege of transferring or exchanging Bonds is exercised, the Bond Registrar shall authenticate and deliver Bonds in accordance with the provisions of this Resolution. The City shall pay the fees and expenses of the Bond Registrar for the registration, transfer and exchange of Bonds provided for by this Resolution and the cost of preparation of a reasonable supply of registered bond blanks. Any additional costs or fees that might be incurred in the secondary market, other than fees of the Bond Registrar, are the responsibility of the Owners of the Bonds.

The City and the Bond Registrar shall not be required: (a) to register the transfer or exchange of any Bond during a period beginning on the day following the Record Date preceding any Interest Payment Date and ending at the close of business on such Interest Payment Date; (b) to register the transfer or exchange of any Bond that has been called for redemption after notice of such redemption has been mailed by the Paying Agent pursuant to Section 3.04 and during the period of 15 days next preceding the date of mailing of such notice of redemption; or (c) to register the transfer or exchange of any Bond during a period beginning at the opening of business on the day after receiving written notice from the City of its intent to pay Defaulted Interest and ending at the close of business on the date fixed for the payment of Defaulted Interest pursuant to Section 2.04.

The City and the Paying Agent may deem and treat the Person in whose name any Bond is registered on the Bond Register as the absolute Owner of such Bond, whether such Bond is overdue or not, for the purpose of receiving payment of, or on account of, the principal, redemption premium, if any, and interest on the Bond and for all other purposes. All payments so made to any such Owner or upon the Owner’s order shall be valid and effective to satisfy and discharge the liability upon such Bond to the extent of the sum or sums so paid, and neither the City nor the Paying Agent shall be affected by any notice to the contrary.

Section 2.07. Cancellation and Destruction of Bonds Upon Payment. All Bonds that have been paid or redeemed or that otherwise have been surrendered to the Paying Agent, either at or before Stated Maturity, shall be canceled by the Paying Agent immediately upon the payment, redemption and surrender to the Paying Agent and subsequently destroyed in accordance with the customary practices of the Paying Agent. The Paying Agent shall execute a certificate in duplicate describing the Bonds so canceled and destroyed and shall file an executed counterpart of such certificate with the City.

Section 2.08. Mutilated, Lost, Stolen or Destroyed Bonds. If (a) any mutilated Bond is surrendered to the Paying Agent or the Paying Agent receives evidence to its satisfaction of the destruction, loss or theft of any Bond; and (b) there is delivered to the City and the Paying Agent

4826-0212-2648.1 9 such security or indemnity as may be required by each of them, then, in the absence of notice to the City or the Paying Agent that such Bond has been acquired by a bona fide purchaser, the City shall execute and, upon the City’s request, the Paying Agent shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Bond, a new Bond of the same Stated Maturity and of like tenor and principal amount.

If any such mutilated, destroyed, lost or stolen Bond has become or is about to become due and payable, the City, in its discretion, may pay such Bond instead of issuing a new Bond.

Upon the issuance of any new Bond under this Section, the City may require the payment by the Owner of a sum sufficient to cover any tax or other governmental charge that may be imposed and any other expenses (including the fees and expenses of the Paying Agent).

Every new Bond issued pursuant to this Section shall constitute a replacement of the prior obligation of the City, and shall be entitled to all the benefits of this Resolution equally and ratably with all other Outstanding Bonds.

Section 2.09. Delivery of the Bonds. The Mayor and City Clerk are authorized and directed to cause the Bonds to be registered in the offices of the City Clerk and the State Treasurer as provided by law, and, when executed and registered, to deliver the Bonds to the Original Purchaser upon receipt by the City of the Purchase Price.

ARTICLE III REDEMPTION OF THE BONDS

Section 3.01. Optional Redemption. At the option of the City, Bonds maturing on September 1, 2028, and thereafter may be called for redemption and payment prior to Stated Maturity on September 1, 2027, or thereafter at any time in whole or in part (selection of Bonds to be designated by the City in such equitable manner as it may determine) at the Redemption Price of 100% (expressed as a percentage of the principal amount), plus accrued interest to the Redemption Date.

Section 3.02. Sinking Fund Redemption. Any Term Bonds shall also be subject to mandatory redemption and payment as described on Exhibit B to this Resolution. The mandatory redemption amount for any Term Bond may be reduced by the principal amount of any Term Bonds redeemed prior to its Stated Maturity pursuant to optional redemption as set forth in Section 3.01 of this Resolution. To effect such reduction, the City shall notify the Bond Registrar on or before the 45th day preceding the applicable mandatory redemption date, setting forth the extent of the reduction to be applied with respect to the mandatory sinking fund requirement.

Section 3.03. Selection of Bonds to be Redeemed. The Bonds shall be redeemed only in the principal amount of $5,000 or any integral multiple thereof. When less than all of the Bonds are to be redeemed and paid prior to their Stated Maturity, the Bonds shall be redeemed in such manner as the City shall determine, Bonds of less than a full Stated Maturity to be selected by lot in units of $5,000.

4826-0212-2648.1 10 In the case of a partial redemption of Bonds by lot when Bonds of denominations greater than $5,000 are then Outstanding, then for all purposes in connection with such redemption each $5,000 of face value shall be treated as though it were a separate Bond in the denomination of $5,000. If it is determined that one or more, but not all, of the $5,000 units of face value represented by any Bond is selected for redemption, then upon notice of intention to redeem such $5,000 unit or units, the Owner or the Owner’s authorized agent shall present and surrender such Bond to the Bond Registrar:

(a) for payment of the Redemption Price (including the redemption, if any, and interest to the date fixed for redemption) of the $5,000 unit or units of face value called for redemption; and

(b) for exchange, without charge to the Owner, for a new Bond(s) of the aggregate principal amount of the unredeemed portion of the principal amount of such Bond.

If the Owner of any Bond of a denomination greater than $5,000 shall fail to present such Bond as described above, such Bond shall, nevertheless, become due and payable on the Redemption Date to the extent of the amount called for redemption (and to that extent only).

Notwithstanding the provisions of the preceding paragraph, in the event of a partial redemption of the Bonds, the Securities Depository may, at its option, in lieu of surrendering such Bond, make an appropriate notation on the Bond certificate indicating the date and amounts of the reduction in the principal amount of such Bond (except in the case of the final Stated Maturity of such Bond, where the Bond certificate shall be presented to the Paying Agent prior to payment).

Section 3.04. Notice of Redemption. In the event the City desires to call the Bonds for redemption prior to their Stated Maturity, unless waived by the Bond Registrar, written notice of such intent shall be provided to the Bond Registrar in accordance with K.S.A. 10-129, as amended, not less than 45 days prior to the date fixed for redemption or such lesser time period permitted by the Bond Registrar that enables the Bond Registrar to provide the Owners of the Bonds with the notice described in this Section. Unless waived by any Owner of Bonds to be redeemed, if the City shall call any Bonds for redemption and payment prior to the Stated Maturity, the City shall instruct the Bond Registrar to give written notice of its intention to call and pay the Bonds on a specified date, the same being described by Stated Maturity, such notice to be mailed by United States first class mail addressed to the Owners of the Bonds and to the Bond Insurer, if any, each of the notices to be mailed not less than 30 days prior to the date fixed for redemption. The City and Bond Registrar shall also give such additional notice as may be required by State law or regulations of the Securities and Exchange Commission in effect as of the date of such notice.

All official notices of redemption shall be dated and shall state:

(a) the Redemption Date;

(b) the Redemption Price;

4826-0212-2648.1 11 (c) if less than all Outstanding Bonds are to be redeemed, the identification (and, in the case of partial redemption, the respective principal amounts) of the Bonds to be redeemed;

(d) that on the Redemption Date the Redemption Price will become due and payable upon each such Bond or portion thereof called for redemption, and that interest shall cease to accrue from and after the Redemption Date (unless the City defaults in the payment of the Redemption Price); and

(e) the place where such Bonds are to be surrendered for payment of the Redemption Price, which place of payment shall be the principal office of the Paying Agent.

The notice of redemption may be conditioned on the issuance by the City of a refunding obligation or the receipt of other funds necessary to redeem the Bonds.

During the time the Bonds are registered in the name of Cede & Co., the notice described in the immediately preceding paragraphs shall be delivered to the Securities Depository. The Securities Depository shall, in turn, notify its Participants. It is expected that the Participants, in turn, will notify or cause to be notified the beneficial owners of the Bonds. Any failure on the part of the Securities Depository, or failure on the part of a nominee of a beneficial owner of a Bond (having received notice from the City, a Participant or otherwise) to notify the beneficial owner of the Bonds so affected, shall not affect the validity of the redemption of such Bonds.

Prior to or simultaneously with any Redemption Date, the City shall deposit with the Paying Agent an amount of money sufficient to pay the Redemption Price of all the Bonds or portions of Bonds which are to be redeemed on that date. Upon surrender of such Bonds for redemption in accordance with the notice, such Bonds shall be paid by the Paying Agent at the Redemption Price. Installments of interest due on or prior to the Redemption Date shall be payable as provided for payment of interest. Upon surrender for any partial redemption of any Bond, there shall be prepared for the Owner a new Bond or Bonds of the same Stated Maturity in the amount of the unpaid principal. All Bonds which have been redeemed shall be canceled and destroyed by the Paying Agent and shall not be reissued.

Section 3.05. Effect of Call for Redemption. Whenever any Bond is called for redemption and payment as provided in this Article, all interest on such Bond shall cease from and after the date for which such call is made, provided funds are available for its payment at the Redemption Price specified.

ARTICLE IV FORM OF THE BONDS

Section 4.01. Form of the Bonds. The Bonds shall be printed in accordance with the format required by the Attorney General of the State and shall contain information substantially in the form set forth on Exhibit A to this Resolution or as may be required by the Attorney General pursuant to the Notice of Systems of Registration for Kansas Municipal Bonds, 2 Kan. Reg. 921 (1983), in accordance with the Kansas Bond Registration Law, K.S.A. 10-620 to 10-632, inclusive, as amended and supplemented.

4826-0212-2648.1 12 ARTICLE V ESTABLISHMENT OF FUNDS AND ACCOUNTS

Section 5.01. Creation of Funds and Accounts. Simultaneously with the issuance of the Bonds, there shall be created within the treasury of the City the following funds and accounts:

(a) Improvement Fund for the City of Spring Hill, Kansas, General Obligation Refunding and Improvement Bonds, Series 2019B;

(b) Principal and Interest Account for the City of Spring Hill, Kansas, General Obligation Refunding and Improvement Bonds, Series 2019B;

(d) Redemption Fund for the City of Spring Hill, Kansas, General Obligation Refunding and Improvement Bonds, Series 2019B; and

(e) Costs of Issuance Account for the City of Spring Hill, Kansas, General Obligation Refunding and Improvement Bonds, Series 2019B.

Section 5.02. Administration of Funds and Accounts. The funds and accounts established herein shall be administered in accordance with the provisions of this Resolution so long as the Bonds are Outstanding.

ARTICLE VI APPLICATION OF BOND PROCEEDS AND OTHER PROCEEDS

Section 6.01. Disposition of Bond Proceeds. The proceeds of the Bonds, upon issuance and delivery, shall be deposited as follows:

(a) In the Principal and Interest Account, a sum equal to the accrued interest, if any, on the Bonds and any premium identified on Exhibit B;

(b) In the Costs of Issuance Account, a sum equal to the Costs of Issuance Deposit;

(d) The balance of the proceeds of the Bonds shall be deposited into the Improvement Fund.

Section 6.02. Application of Other Funds. On or before the issuance of the Bonds, the City shall transfer proceeds for the Existing Notes, if any, to the Redemption Fund or pay such proceeds directly to the State Treasurer as the paying agent for the Existing Notes to pay the principal of and interest on the Existing Notes on or prior to September 9, 2019.

4826-0212-2648.1 13 Section 6.03. Application of Moneys in the Costs of Issuance Account. Moneys in the Costs of Issuance Account shall be used to pay the Costs of Issuance. Any funds remaining in the Costs of Issuance Account, after earlier of payment of all Costs of Issuance, but not later than one year after the date of issuance of the Bonds, shall be transferred to the Principal and Interest Account to pay a portion of the first principal due on the Bonds.

Section 6.04. Withdrawals from the Redemption Fund. Amounts deposited in the Redemption Fund shall be used solely for the purpose of refunding the Refunded Bonds and redeeming the Existing Notes and, on or before September 9, 2019, shall be deposited by the City Treasurer with the State Treasurer, as paying agent for the Refunded Bonds and the Existing Notes.

Section 6.05. Withdrawals from the Improvement Fund. The City Treasurer shall make withdrawals from the Improvement Fund solely for the purpose of paying the Authorized Costs of the Improvements.

Section 6.06. Surplus in the Improvement Fund. All moneys remaining in the Improvement Fund after the completion of the Improvements and payment of all Authorized Costs of the Improvements shall be transferred immediately to the Principal and Interest Account and applied to the next installment of principal due on the Bonds.

Section 6.07. Substitution of Improvements. The City may elect to substitute or add other improvements pursuant to this Section provided the following conditions are met: (a) the Substitute Improvement and the issuance of general obligation bonds to pay the cost of the Substitute Improvement has been authorized by the Governing Body of the City in accordance with the laws of the State, (b) a resolution or ordinance authorizing the use of the proceeds of the Bonds to pay the Authorized Costs of the Substitute Improvement has been adopted by the Governing Body of the City, (c) the Attorney General of the State has approved an amendment to the transcript of proceedings for the Bonds to include the Substitute Improvement and (d) the City has received an opinion of Bond Counsel to the effect that the Substitute Improvement will not adversely affect the tax-exempt status of the Bonds under State or federal law and the Substitute Improvement has been authorized pursuant to this Section and the laws of the State.

Section 6.08. Source and Use of Other Moneys. Simultaneously with the issuance and delivery of the Bonds, the City will use other available moneys to pay a portion of the costs of the Improvements.

ARTICLE VII PAYMENT OF THE BONDS

Section 7.01. Application of Moneys in the Principal and Interest Account. All amounts paid and credited to the Principal and Interest Account shall be expended and used by the City for the sole purpose of paying the principal of, premium, if any, and interest on the Bonds as and when the same become due and paying the usual and customary fees and expenses of the Paying Agent.

Section 7.02. Transfer of Funds to Paying Agent. The City Treasurer is authorized and directed to withdraw from the Principal and Interest Account and forward to the Paying Agent sums sufficient to pay both principal of, premium, if any, and interest on the Bonds as and when

4826-0212-2648.1 14 the same become due, and also to pay the charges made by the Paying Agent for acting in such capacity in the payment of principal and interest on the Bonds, and the charges shall be forwarded to the Paying Agent over and above the amount of the principal of, premium, if any, and interest on the Bonds. If, through the lapse of time, or otherwise, the Owners of Bonds shall no longer be entitled to enforce payment of their obligations, it shall be the duty of the Paying Agent to return the funds to the City. All moneys deposited with the Paying Agent shall be deemed to be deposited in accordance with and subject to all of the provisions contained in this Resolution.

Section 7.03. Surplus in Principal and Interest Account. Any moneys or investments remaining in the Principal and Interest Account after the retirement of the indebtedness for which the Bonds were issued shall be transferred and paid into the Bond and Interest Fund of the City.

ARTICLE VIII DEPOSITS AND INVESTMENT OF FUNDS

Section 8.01. Deposits. Cash moneys in each of the funds and accounts created and established by this Resolution shall be deposited and secured in accordance with State law.

Section 8.02. Investments. Moneys held in the funds and accounts created or established in conjunction with the issuance of the Bonds may be invested by the City in Authorized Investments, or in other investments allowed by State law, in such amounts and maturing at such times as shall reasonably provide for moneys to be available when required in the accounts or funds; provided, however, that no such investment shall be made for a period extending longer than to the date when the moneys invested may be needed for the purpose for which such fund or account was created. All interest on any Authorized Investment held in any fund or account shall (except amounts required to be deposited into the Rebate Fund in accordance with the Letter of Instructions) accrue to and become a part of such fund or account. In determining the amount held in any fund or account under the provisions of this Resolution, Authorized Investments shall be valued at their principal par value or at their then redemption value, whichever is lower.

Section 8.03. Deposits into and Application of Moneys in the Rebate Fund.

(a) There shall be deposited in the Rebate Fund such amounts as are required to be deposited pursuant to the Letter of Instructions. Subject to the transfer provisions provided in subsection (b) below, all money at any time deposited in the Rebate Fund shall be held in trust, to the extent required to pay rebatable arbitrage to the federal government of the United States of America, and no Owner of any Bond shall have any right in or claim to such money. All amounts deposited into or on deposit in the Rebate Fund shall be governed by this Section, by the preceding Section and by the Letter of Instructions (which is incorporated herein by reference).

(b) Computations of the rebatable arbitrage shall be performed by or on behalf of the City in accordance with the Letter of Instructions. Pursuant to the Letter of Instructions, the City shall remit rebate installments and the final rebate payment to the United States. Any moneys remaining in the Rebate Fund after redemption and payment of all of the Bonds and payment and satisfaction of any rebatable arbitrage, or provision made therefor, shall be withdrawn and released to the City.

4826-0212-2648.1 15 (c) Notwithstanding any other provision of this Resolution, including in particular this Article, the obligation to remit rebatable arbitrage to the United States and to comply with all other requirements of this Section, the preceding Section and the Letter of Instructions shall survive the defeasance or payment in full of the Bonds.

ARTICLE IX DEFAULT AND REMEDIES

Section 9.01. Remedies. The provisions of this Resolution, including the covenants and agreements contained herein, shall constitute a contract between the City and the Owners of the Bonds. The Owner or Owners of not less than 10% in principal amount of the Bonds at the time Outstanding shall have the right for the equal benefit and protection of all Owners of Bonds similarly situated:

(a) by mandamus or other suit, action or proceedings at law or in equity to enforce the rights of such Owner or Owners against the City and its officers, agents and employees, and to require and compel duties and obligations required by the provisions of this Resolution or by the Constitution and laws of the State;

(b) by suit, action or other proceedings in equity or at law to require the City, its officers, agents and employees to account as if they were the trustees of an express trust; and

(c) by suit, action or other proceedings in equity or at law to enjoin any acts or things which may be unlawful or in violation of the rights of the Owners of the Bonds.

Section 9.02. Limitation on Rights of Owners. The covenants and agreements of the City contained in this Resolution and in the Bonds shall be for the equal benefit, protection, and security of the Owners of any or all of the Bonds, all of which Bonds shall be of equal rank and without preference or priority of one Bond over any other Bond in the application of the funds pledged to the payment of the principal of and the interest on the Bonds, or otherwise, except as to rate of interest, date of Stated Maturity and right of prior redemption as provided in this Resolution. No one or more Owners secured shall have any right in any manner whatever by such Owner’s or Owners’ action to affect, disturb or prejudice the security granted and provided for in this Resolution, or to enforce any right hereunder, except in the manner provided herein, and all proceedings at law or in equity shall be instituted, had and maintained for the equal benefit of all Owners of such Outstanding Bonds.

Section 9.03. Remedies Cumulative. No remedy conferred upon the Owners is intended to be exclusive of any other remedy, but each such remedy shall be cumulative and in addition to every other remedy and may be exercised without exhausting and without regard to any other remedy conferred. No waiver of any default or breach of duty or contract by the Owner of any Bond shall extend to or affect any subsequent default or breach of duty or contract or shall impair any rights or remedies thereon. No delay or omission of any Owner to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver of any such default or acquiescence. Every substantive right and every remedy conferred upon the

4826-0212-2648.1 16 Owners of the Bonds by this Resolution may be enforced and exercised from time to time and as often as may be deemed expedient. In case any suit, action or proceedings taken by any Owner on account of any default or to enforce any right or exercise any remedy shall have been discontinued or abandoned for any reason, or shall have been determined adversely to such Owner, then, and in every such case, the City and the Owners of the Bonds shall be restored to their former positions and rights hereunder, respectively, and all rights, remedies, powers and duties of the Owners shall continue as if no such suit, action or other proceedings had been brought or taken.

ARTICLE X AMENDMENTS

Section 10.01. Amendments. The City may from time to time, without the consent of or notice to any of the Owners, provide for amendment to the Bonds or this Resolution, for any one or more of the following purposes:

(a) To cure any ambiguity or formal defect or omission in this Resolution or Bonds or to make any other change not prejudicial to the Owners;

(b) To grant to or confer upon the Owners any additional rights, remedies, powers or authority that may lawfully be granted to or conferred upon the Owners;

(c) To conform this Resolution or Bonds to the Code or future applicable federal law concerning tax-exempt obligations; or

(d) To more precisely identify the Improvements.

The following modifications or amendments to the Bonds or this Resolution shall require the consent of 100% of the Owners of the Bonds:

(a) The extension of the Stated Maturity of the principal of any of the Bonds, or the extension of any Interest Payment Date for any of the Bonds;

(b) A reduction in the principal amount of any of the Bonds or the rate of interest on the Bonds; or

Amendments or modifications of the Bonds and this Resolution not listed above may be made at any time by the City with the written consent of the Owners of not less than 66.66% in aggregate principal amount of the Bonds at the time Outstanding.

Section 10.02. Written Evidence of Amendments. Every amendment or modification of a provision of the Bonds or of this Resolution to which the written consent of the Owners is given as above provided shall be expressed in a resolution of the City amending or supplementing the provisions of this Resolution and shall be deemed to be a part of this Resolution. It shall not be necessary to note on any of the Outstanding Bonds any reference to such amendment or modification, if any. A certified copy of every such amendatory or supplemental resolution, if any, and a certified copy of this Resolution shall always be kept on file in the office of the City

4826-0212-2648.1 17 Clerk and shall be made available for inspection by the Owners of any Bond or prospective purchaser or Owners of any Bond authorized by this Resolution, and upon payment of the reasonable cost of preparing the same, a certified copy of any such amendatory or supplemental resolution or of this Resolution will be sent by the City Clerk to any such Owner or prospective Owner.

ARTICLE XI DEFEASANCE

Section 11.01. Defeasance. When all or any part of the Bonds or scheduled interest payments shall have been paid and discharged, then the requirements contained herein and the pledge of the City’s faith and credit and all other rights granted herein shall cease and determine. Bonds or scheduled interest payments shall be deemed to have been paid and discharged within the meaning of this Resolution if there shall have been deposited with the Paying Agent or a bank located in the State and having full trust powers, at or prior to the Stated Maturity or Redemption Date of the Bonds, in trust for and irrevocably appropriated, moneys and/or United States Government Obligations, or other investments allowed by State law which, together with the interest to be earned on such United States Government Obligations, will be sufficient for the payment of the principal of the Bonds, the redemption premium thereon, if any there be, and/or interest accrued to the Stated Maturity or Redemption Date, as the case may be, or if default in such payment shall have occurred on such date, then to the date of the tender of such payments; provided, however, that if any such Bonds shall be redeemed prior to their Stated Maturity (a) the City has elected to redeem such Bonds, and (b) either notice of such redemption has been given or the City has given irrevocable instructions, or shall have provided an escrow agent to give irrevocable instructions to the Paying Agent to give such notice of redemption in compliance with Article III of this Resolution. Any moneys and United States Government Obligations which at any time shall be deposited with the Paying Agent or such bank by or on behalf of the City, for the purpose of paying and discharging any of the Bonds shall be and are assigned, transferred and set over to the Paying Agent or such bank in trust for the respective Owners of the Bonds, and such moneys shall be and are irrevocably appropriated to the payment and discharge thereof. All moneys and United States Government Obligations deposited with the Paying Agent or such bank shall be deemed to be deposited in accordance with and subject to all of the provisions contained in this Resolution.

ARTICLE XII TAX COVENANTS

Section 12.01. General Covenants.

(a) The City covenants and agrees that:

(i) it will comply with all applicable provisions of the Code, including Sections 103 and 141 through 150, necessary to maintain the exclusion from gross income for federal income tax purposes of the interest on the Bonds; and

(ii) it will not use or permit the use of any proceeds of the Bonds or any other funds of the City, nor take or permit any other action, or fail to take any action,

4826-0212-2648.1 18 if any such action or failure to take action would adversely affect the exclusion from gross income of the interest on the Bonds. The City will, in addition, adopt such other ordinances or resolutions and take such other actions as may be necessary to comply with the Code and with all other applicable future laws, regulations, published rulings and judicial decisions, in order to ensure that the interest on the Bonds will remain excluded from federal gross income, to the extent any such actions can be taken by the City.

(b) The City covenants and agrees that:

(i) it will comply with all requirements of Section 148 of the Code to the extent applicable to the Bonds;

(ii) it will use the proceeds of the Bonds as soon as practicable and with all reasonable dispatch for the purposes for which the Bonds are issued; and

(iii) it will not invest or directly or indirectly use or permit the use of any proceeds of the Bonds or any other funds of the City in any manner, or take or omit to take any action, that would cause the Bonds to be “arbitrage bonds” within the meaning of Section 148(a) of the Code.

(c) The City covenants and agrees that it will not use any portion of the proceeds of the Bonds, including any investment income earned on such proceeds, directly or indirectly, in a manner that would cause any Bond to be a “private activity bond” within the meaning of Section 141(a) of the Code.

Section 12.02. Rebate Covenants. The City covenants and agrees that it will pay or provide for the payment of from time to time all amounts required to be rebated to the United States pursuant to Section 148(f) of the Code and any Treasury Regulations applicable to the Bonds from time to time. The City specifically covenants to pay or cause to be paid to the United States, the required amounts of rebatable arbitrage at the times and in the amounts as determined by the Letter of Instructions. Notwithstanding anything to the contrary contained in this Resolution, the Letter of Instructions may be amended or replaced if, in the opinion of Bond Counsel, such amendment or replacement will not adversely affect the exclusion from gross income for federal income tax purposes of interest on the Bonds. This covenant shall survive payment in full or defeasance of the Bonds.

Section 12.03. Survival of Covenants. The covenants contained in this Article shall remain in full force and effect notwithstanding the defeasance of the Bonds pursuant to Article XI or any other provision of this Resolution until the final Stated Maturity date of all Bonds Outstanding.

ARTICLE XIII DISCLOSURE

Section 13.01. Preliminary Official Statement and Final Official Statement. The City ratifies and confirms its prior approval of the form and content of the Preliminary Official Statement. The Preliminary Official Statement is “deemed final” by the City except for the

4826-0212-2648.1 19 omission of certain information as provided in the SEC Rule. The City approves the form and content of any addenda, supplement, or amendment thereto utilized to prepare the Final Official Statement. The use of the Final Official Statement in the reoffering of the Bonds by the Original Purchaser is approved and authorized. The proper officials of the City are authorized to execute and deliver a certificate pertaining to the accuracy and adequacy of the information in the Preliminary Official Statement and the Final Official Statement.

Section 13.02. Continuing Disclosure. The City covenants and agrees to provide continuing disclosure as required by the SEC Rule and as set forth in the Continuing Disclosure Letter of Instructions attached to the Preliminary Official Statement and made a part hereof by reference.

ARTICLE XIV MISCELLANEOUS PROVISIONS

Section 14.01. Succession of a Securities Depository. In the event the Securities Depository resigns or is no longer qualified to act as a securities depository and registered clearing agency under the Securities Exchange Act of 1934, as amended, the City may appoint a successor Securities Depository provided the City receives written evidence, satisfactory to the City, with respect to the ability of the successor Securities Depository to discharge its responsibilities. Any such successor Securities Depository shall be a securities depository which is a registered clearing agency under the Securities Exchange Act of 1934, as amended, or other applicable statute or regulation. The City, upon receipt of a book-entry Bond for cancellation shall cause the authorization and delivery of a book-entry Bond to the successor Securities Depository in appropriate denominations and form as provided in this Resolution. If the City makes the determinations or receives the notice described in Section 2.04 of this Resolution, the City shall cause the notices described in Section 2.04 to be delivered and issue Bonds as described in that section.

Section 14.02. Severability. In case any one or more of the provisions of this Resolution or of the Bonds issued hereunder shall for any reason be held to be illegal or invalid, such illegality or invalidity shall not affect any other provision of this Resolution, or of the Bonds appertaining thereto, but this Resolution and the Bonds shall be construed and enforced as if such illegal or invalid provision had not been contained therein. In case any covenant, stipulation, obligation or agreement contained in the Bonds or in this Resolution shall for any reason be held to be in violation of law, then such covenant, stipulation, obligation or agreement shall be deemed to be the covenant, stipulation, obligation or agreement of the City to the full extent permitted by law.

Section 14.03. Payments Due on Saturdays, Sundays and Holidays. In any case where the date of maturity of principal of, premium, if any, or interest on the Bonds or the date fixed for redemption of any Bonds shall be a Saturday, a Sunday or a legal holiday or a day on which banking institutions in New York, New York, are authorized by law to close, then payment of principal of, premium, if any, or interest on the Bonds need not be made on such date but may be made on the next succeeding Business Day not a Saturday, a Sunday or a legal holiday or a day upon which banking institutions are authorized by law to close with the same force and effect as if made on the date of maturity or the date fixed for redemption, and no interest shall accrue for the period after such date.

4826-0212-2648.1 20 Section 14.04. Further Authority. The Mayor, City Clerk and other officials of the City are further authorized and directed to execute any and all documents and take such actions as they may deem necessary or advisable in order to carry out and perform the purposes of this Resolution to make alterations, changes or additions in the agreements, statements, instruments and other documents herein approved, authorized and confirmed which they may approve and the execution or taking of such action shall be conclusive evidence of such necessity or advisability.

Section 14.04. Governing Law. This Resolution and the Bonds shall be governed exclusively by and construed in accordance with the applicable laws of the State.

Section 14.05. Effective Date. This Resolution shall take effect and be in full force from and after its adoption by the Governing Body of the City.

[Remainder of Page Intentionally Left Blank]

4826-0212-2648.1 21 ADOPTED by the City Council of the City on June 27, 2019.

Signed by the Mayor on June 27, 2019.

CITY OF SPRING HILL, KANSAS

(Seal) Steven M. Ellis, Mayor

ATTEST:

Glenda Gerrity, City Clerk

APPROVED AS TO FORM:

By: Frank H. Jenkins, Jr., City Attorney

APPROVED AS TO FORM:

By: Tyler Ellsworth, Bond Counsel

Bond Resolution – GO Refunding and Improvement Bonds, Series 2019B EXHIBIT A (Form of Bond)

Unless this certificate is presented by an authorized representative of The Depository Trust Company, a New York corporation, (“DTC”), to Issuer or its agent for registration of transfer, exchange, or payment, and any certificate issued is registered in the name of Cede & Co. or in such other name as is requested by an authorized representative of DTC (and any payment is made to Cede & Co. or such other entity as is requested by an authorized representative of DTC), ANY TRANSFER, PLEDGE, OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the registered owner hereof, Cede & Co., has an interest herein.

REGISTERED REGISTERED NUMBER R- $

UNITED STATES OF AMERICA STATE OF KANSAS COUNTIES OF JOHNSON AND MIAMI CITY OF SPRING HILL

GENERAL OBLIGATION REFUNDING AND IMPROVEMENT BOND SERIES 2019B Interest Maturity Dated Rate: Date: Date: CUSIP: % July 23, 2019 ______

REGISTERED OWNER: Cede & Co. Tax Identification No. 132555119-0

PRINCIPAL AMOUNT:

KNOW ALL PERSONS BY THESE PRESENTS: That the City of Spring Hill, in the Counties of Johnson and Miami, State of Kansas (the “City”), for value received, acknowledges itself to be indebted and promises to pay to the owner identified above or registered assigns (the “Owner”), as of the Record Dates as provided on the Maturity Date identified above, the Principal Amount identified above, and in like manner to pay interest on such Principal Amount at the rate of interest per annum set forth above (computed on the basis of a 360-day year of 12 30-day months), semiannually on March 1 and September 1 of each year, commencing March 1, 2020 (the “Interest Payment Dates”), until the Principal Amount is paid from the Dated Date hereof or the most recent Interest Payment Date to which interest has been paid. All capitalized terms used and not defined herein shall have the meanings given to such terms in the Resolution (as defined herein).

The principal or redemption price of this Bond shall be paid at maturity or upon earlier redemption to the person in whose name this Bond is registered at the maturity or redemption date, upon presentation and surrender of this Bond at the principal office of the Treasurer of the State

4826-0212-2648.1 A-1 of Kansas, Topeka, Kansas (the “Paying Agent” and “Bond Registrar”). The interest payable on this Bond on any Interest Payment Date shall be paid to the person in whose name this Bond is registered on the registration books maintained by the Bond Registrar at the close of business on the record date for such interest, which shall be the fifteenth day (whether or not a business day) of the calendar month next preceding the Interest Payment Date (the “Record Dates”). Such interest shall be payable (a) by check or draft mailed by the Paying Agent to the address of the Owner shown on the Bond Register, (b) at such other address as is furnished to the Paying Agent in writing by the Owner or (c) in the case of an interest payment to any Owner that is a securities depository by wire transfer to such Owner upon written notice given to the Paying Agent by such Owner, not less than 15 days prior to the Record Date for such interest, containing the wire transfer address (which shall be in the continental United States) to which such Owner wishes to have such wire directed. The principal or redemption price of and interest on the Bonds shall be payable in any coin or currency that, on the respective dates of payment, is legal tender for the payment of public and private debts.

This Bond is one of an authorized series of Bonds of the City designated “General Obligation Refunding and Improvement Bonds, Series 2019B,” in an aggregate principal amount of $[11,275,000] (the “Bonds”) issued for the purposes set forth in the Ordinance of the City authorizing the issuance of the Bonds and the Resolution of the City prescribing the form and details of the Bonds (jointly, the “Resolution”). The Bonds are issued by the authority of and in full compliance with the provisions, restrictions and limitations of the Constitution and laws of the State of Kansas, including, but not limited to, K.S.A. 10-427 et seq., K.S.A. 12-6a01 et seq., K.S.A. 12-1301 et seq. and K.S.A. 12-1736 et seq., inclusive, all as amended and supplemented, and all other applicable provisions of the laws of the State of Kansas. The Bonds constitute general obligations of the City payable as to both principal and interest in part from special assessments levied upon the property benefited by the construction of certain improvements and, if not so paid, from ad valorem taxes which may be levied without limitation as to rate or amount upon all the taxable tangible property, real and personal, within the territorial limits of the City, the balance being payable from ad valorem taxes which may be levied without limitation as to rate or amount upon all the taxable tangible property, real and personal, within the territorial limits of the City. The full faith, credit and resources of the City are pledged for the payment of the principal of and interest on this Bond and the issue of which it is a part as the same respectively become due.

Optional Redemption. At the option of the City, Bonds maturing September 1, 2028, and thereafter, may be called for redemption and payment prior to maturity on September 1, 2027, or thereafter at any time, in whole or in part (selection of Bonds to be designated by the City in such equitable manner as it may determine), at the redemption price of 100% (expressed as a percentage of the principal amount), plus accrued interest to the date of redemption.

[Sinking Fund Redemption. Each of the Bonds maturing on September 1 in the year _____ (the “Term Bonds”) shall also be subject to mandatory redemption and payment pursuant to the redemption schedule in the Resolution, at the principal amount, plus accrued interest to date fixed for redemption and payment, without premium. The City agrees to redeem the Term Bonds in the principal amounts and at the times set forth in the Resolution.]

Whenever the City is to select Bonds for the purpose of redemption, it shall, in the case of Bonds in denominations greater than $5,000, if less than all of the Bonds then outstanding are to

4826-0212-2648.1 A-2 be called for redemption, treat each $5,000 of face value of each such fully registered Bond as though it were a separate Bond in the denomination of $5,000.

If any Bonds are called for redemption and payment prior to maturity, the City shall instruct the Bond Registrar to give written notice of its intention to call and pay such Bonds on a specified date, the same being described by maturity, this notice to be mailed by United States first class mail addressed to the Owners of the Bonds, each of these notices to be mailed not less than 30 days prior to the date fixed for redemption. All Bonds so called for redemption and payment as described above shall cease to bear interest from and after the date for which such call is made, provided funds are available for the payment of such Bonds at the price specified.

The Bonds are issued in fully registered form in the denomination of $5,000 or any integral multiple thereof. This Bond may be transferred or exchanged, as provided in the Resolution, only on the Bond Register kept for that purpose at the office of the Bond Registrar, upon surrender of this Bond together with a written instrument of transfer or authorization for exchange satisfactory to the Bond Registrar executed by the Owner or the Owner’s authorized agent, and thereupon a new Bond or Bonds in any authorized denomination of the same maturity and in the same aggregate principal amount shall be issued to the transferee in exchange therefor as provided in the Resolution and upon payment of the charges prescribed. The City, the Paying Agent and the Bond Registrar may deem and treat the person in whose name this Bond is registered on the Bond Register as the absolute owner for the purpose of receiving payment of, or on account of, the principal or redemption price and interest due and for all other purposes, and the City, the Paying Agent and the Bond Registrar shall not be affected by any notice to the contrary. The City shall pay all costs incurred in connection with the issuance, payment and initial registration of the Bonds and the cost of a reasonable supply of bond blanks.

The City and the Bond Registrar shall not be required: (a) to register the transfer or exchange of any Bond during a period beginning on the day following the Record Date preceding any Interest Payment Date and ending at the close of business on such Interest Payment Date; (b) to register the transfer or exchange of any Bond that has been called for redemption after notice of such redemption has been mailed by the Paying Agent and during the period of 15 days next preceding the date of mailing of such notice of redemption; or (c) to register the transfer or exchange of any Bond during a period beginning at the opening of business on the day after receiving written notice from the City of its intent to pay Defaulted Interest (as defined in the Resolution) and ending at the close of business on the date fixed for the payment of Defaulted Interest.

This Bond shall not be valid or become obligatory for any purpose until the Certificate of Authentication and Registration hereon shall have been lawfully executed by the Bond Registrar.

IT IS DECLARED AND CERTIFIED that all acts, conditions, and things required to be done and to exist precedent to and in the issuance of this Bond have been properly done and performed and do exist in due and regular form and manner as required by the Constitution and laws of the State of Kansas, and that the total indebtedness of the City, including this series of bonds, does not exceed any constitutional or statutory limitation.

4826-0212-2648.1 A-3 IN WITNESS WHEREOF, the City has caused this Bond to be executed by the manual or facsimile signature of its Mayor and attested by the manual or facsimile signature of its City Clerk, and its seal to be affixed to or imprinted on, and this Bond to be dated the Dated Date shown herein.

CITY OF SPRING HILL, KANSAS

By (Seal) Mayor

Attest:

______City Clerk

______

CERTIFICATE OF CITY CLERK

STATE OF KANSAS ) ) SS. COUNTIES OF JOHNSON AND MIAMI )

I, the City Clerk of the City of Spring Hill, Kansas, certify that this Bond has been registered in my office according to law as of July 23, 2019.

WITNESS my hand and official seal.

By (Seal) City Clerk

______

4826-0212-2648.1 A-4 ______

CERTIFICATE OF AUTHENTICATION AND REGISTRATION

This Bond is one of a series of General Obligation Refunding and Improvement Bonds, Series 2019B, of the City of Spring Hill, Kansas, described in the within-mentioned Resolution.

Registration Date

OFFICE OF THE STATE TREASURER TOPEKA, KANSAS, as Bond Registrar and Paying Agent

Registration Number ______

______

CERTIFICATE OF STATE TREASURER

OFFICE OF THE TREASURER, STATE OF KANSAS

I, JAKE LATURNER, Treasurer of the State of Kansas, do certify that a transcript of the proceedings leading up to the issuance of this Bond has been filed in my office, and that this Bond was registered in my office according to law on .

WITNESS my hand and official seal.

By (Seal) Treasurer of the State of Kansas

______

4826-0212-2648.1 A-5 ______

BOND ASSIGNMENT

For value received, the undersigned sells, assigns and transfers unto

(Print or Type Name, Address and Social Security Number or other Taxpayer Identification Number of Transferee) the within Bond and all rights thereunder, and irrevocably constitutes and appoints agent to transfer the within Bond on the books kept by the Paying Agent for the registration, with full power of substitution in the premises.

Dated:

NOTICE: The signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular.

Signature Guaranteed By:

(Name of Eligible Guarantor Institution)

By Name Title

______

4826-0212-2648.1 A-6 EXHIBIT B ADDITIONAL TERMS OF THE BONDS

Definitions. The following terms defined in the Resolution shall have the meanings ascribed below:

“Costs of Issuance Deposit” means $______.

“Ordinance” means Ordinance No. 2019-__ of the City authorizing the issuance of the Bonds.

“Original Purchaser” means [Original Purchaser], [location], the original purchaser of the Bonds.

“Purchase Price” for the Bonds shall be the par value of the Bonds plus accrued interest to the date of delivery [, plus a premium of $_____][, less a discount of $_____].

“Refunded Bonds Deposit” means $______.

[“Term Bonds” shall mean shall mean the _____ Term Bonds.]

Maturity Schedule. All of the Bonds shall be become due on the Stated Maturities, and shall bear interest at the rates per annum as follows:

SERIAL BONDS

Stated Maturity Principal Interest Stated Maturity Principal Interest September 1 Amount Rate September 1 Amount Rate

2020 2030 2021 2031 2022 2032 2023 2033 2024 2034 2025 2035 2026 2036 2027 2037 2028 2038 2029 2039

[TERM BONDS

Stated Maturity Principal Interest September 1 Amount Rate 20__ $ %

4826-0212-2648.1 B-1 Mandatory Redemption. Each of the ____ Term Bonds shall also be subject to mandatory redemption and payment on September 1, _____, or on any Stated Maturity thereafter, pursuant to the redemption schedule set out below, at the principal amount, plus accrued interest to date fixed for redemption and payment, without premium. The City agrees to redeem the following principal amounts of the ____ Term Bonds in each of the following years:

Principal Payable Amount September 1

*Final Maturity]

Premium. The amount of premium on the Bonds, if any, to be deposited in the Principal and Interest Account is $0.

4826-0212-2648.1 B-2

AGENDA ITEM REVIEW SHEET

TO: GOVERNING BODY SUBMITTED BY: JIM HENDERSHOT, CITY ADMINISTRATOR MEETING DATE: JUNE 27, 2019 DATE: JUNE 20, 2019

Formal Action Item: Ordinance 2019-13, Rezoning application Z-01-18

Issue: Request to rezone certain lands located on the southwest corner of 223rd and Woodland Road from R-R (Rural Residential) to M-1 (General Industrial).

Background An application has been received for rezoning of a 4.44 acre tract of land located at the southwest corner of 223rd St. and Woodland Road. The property is currently zoned R-R (Rural Residential) with a requested zoning change to M-1 (General Industrial District). The property was annexed into the city limits as an island annexation in May 2018. Due to the nature and statutory requirements for island annexations, Miami County was involved in the annexation approval process. With the completion of the annexation, the City has sole authority to consider rezoning requests. Please see attached staff report for additional information and details on the application.

Analysis: On June 6, 2019 the Planning Commission (PC) held the required public hearing regarding this request. During the public hearing, questions were asked by a resident seeking information and clarification without noting any objection (see attached draft minutes). After discussion, the PC voted unanimously to recommend approval of the rezoning request. The 14 day time allowance for filing a protest petition has expired with no valid protest petition being received.

Alternatives: Approve, denial, remand to Planning Commission

Legal Review: City Attorney Frank Jenkins reviewed and approved the attached draft rezoning ordinance.

Funding Review or Budgetary Impact: This recommendation is being presented in accordance with Section (list section) of the Spring Hill Purchasing Policy. This expenditure will be drawn from (list name of account and line item number). N/A

Recommendation: Staff and the Spring Hill Planning Commission recommend approval of Ordinance # 2019-13 for rezoning application Z-01-19 from R-R to M-1.

Attachments: Staff report Z-01-19 Draft ordinance 2019-13 Minutes from June 6, 2019 PC meeting

Agenda Item No. 4

SPRING HILL PLANNING COMMISSION REZONING STAFF REPORT Case #: Z-01-19 Meeting Date: June 6, 2019

Description: Proposed Rezoning from R-R (Rural Residential District) to M-1 (General Industrial District)

Location: Southwest corner of 223rd and Woodland Road

Applicant: Lawrence M. Rudy II

Owner: Lawrence M. Rudy II Engineer: Allenbrand Drews & Associates – Ryan Rindt

Current Zoning: R-R Proposed Zoning: M-1

Site Area: 4.44 Acres Number of Lot(s): 1

Current Zoning Existing Land Use Future Land Use Map

Site: R-R Vacant Residential

North: CS (Miami Co.-Country Vacant Mixed Use Commercial Side) South: CS (Miami Co.-Country Vacant Residential Side)

East: CS (Miami Co.-Country Vacant Residential Side) West: CS (Miami Co.-Country Railroad & 1 residence BNSF R-O-W & Side) & BNSF R-O-W Residential

Proposed Use: Industrial – Contractor Sales and Service, Wholesale

Z-01-19 Staff Report 1 of 5

Site Location

SITE LOCATION

AREA

Site Location

Z-01-19 Staff Report 2 of 7 AREA ZONING (CITY)

Site Location

AREA ZONING (COUNTY)

Site Location

CS = Countryside (Miami County)

Z-01-19 Staff Report 3 of 7 FUTURE LAND USE

Site Location

BACKGROUND: An application has been received for rezoning of a 4.44 acre tract of land located at the southwest corner of 223rd St. and Woodland Road. The property is currently zoned R-R (Rural Residential) with a requested zoning change to M-1 (General Industrial District). The property was annexed into the city limits as an island annexation in May 2018. Due to the nature and statutory requirements for island annexations, Miami County was involved in the annexation approval process. With the completion of the annexation, the City has sole authority to consider rezoning requests. A copy of this staff report has been sent to the Miami County planning department for informational purposes.

All required public notifications and publications have been completed along with posting of public hearing signs at the property. To date staff has received no public comment on the application.

Z-01-19 Staff Report 4 of 7 PROOF OF ADEQUATE FACILITIES: Adequate facilities are available to the site as follows: · Sanitary sewer main is available on site · Water to be supplied by Miami County Rural Water District #2. Applicant has been in communication with Water District #2 for main extension plan and service · Entrance to property will be via Woodland Road. Both 223rd St. and Woodland Road are designed to accommodate truck traffic · Storm water drainage will be accommodated by ditches along both 223rd and Woodland · Other utilities are available to the site with coordination with the providers

REZONING: The review of the proposed rezonings are consistent with Golden v. City of Overland Park, 224 Kan. 591, 584 P. 2d 130 (1978).

1. Consistent with purposes of the regulations and intent and purpose of the proposed district: The proposed use of construction sales and service is consistent with the purposes of the M-1 regulations and intent and purpose of the proposed district.

2. Neighborhood Character: As shown on the aerial image on page 2 of this report, the adjacent areas to the north, east and south are vacant agricultural ground. The property immediately adjacent to the west is railroad right-of-way. There are residential properties further west of the railroad right-of-way but not adjacent to the subject property.

3. Zoning and uses of nearby parcels: As shown on the Area Zoning County map on page 3 of this report, the properties surrounding the subject property are zoned CS, which is a county identifier for countryside zoning.

4. Requested because of changing conditions: Request is based on business opportunities determined by the applicant.

5. Suitability of parcel for uses restricted by the current zone: The current zoning of RR (Rural Residential) was placed on the property as a result of the 2018 annexation. When annexed into the city limits, the property is placed in a city zoning district that most closely resembles the previous county zoning district. Rural residential districts are intended for lots with a 2 acre minimum and are not commonly found adjacent to railroad tracks. RR districts are residential in nature with allowances for public and civic uses, however, these uses are not typically located adjacent to railroad tracks.

6. Suitability of parcel for uses permitted by the proposed district: The proposed zoning change would result in a less intensive zoning. The M-1 zoning district is suitable for the proposed use of a construction sales and service facility.

7. Detrimental Effect of Zoning Change: No detrimental effects are anticipated.

Z-01-19 Staff Report 5 of 7 8. Proposed amendment corrects an error: No error(s) are being corrected.

9. Length of time property has been vacant: This property is undeveloped and has been vacant ground with limited agricultural use for many years.

10. Adequacy of current facilities: All utilities are adequate and available to the properties with limited extensions as detailed on page 5 of this staff report.

11. Conformance with Comprehensive Plan. As shown on the Future Land Use map on page 4 of this report, the Comprehensive Plan identifies this area as residential. It is staff’s opinion this designation as residential is inconsistent with the character and development potential of the surrounding area. Development of residential property adjacent to railroad facilities is not desirable in most instances. In addition, the development possibilities of the area are further hindered by the floodplain shown below to the east of the subject property.

FEMA Designated Floodplain

12. Hardship if application is denied: The issue of hardship can be better addressed by the applicant and owner.

ADDITIONAL REVIEW COMMENTS: Staff distributed the rezoning application to various consultants and City staff for comment. Any applicable comments have been addressed by the applicant.

Due to the location and size of the property along with the close proximity to the railroad and designated floodplain, it is staff’s opinion that future development of this property to anything other than commercial or industrial is unlikely. It is also staff’s opinion that the highest and best use of this property is industrial.

ALTERNATIVE ACTION: Alternatives for action by Planning Commission include: · Approval of application with final action by the Governing Body on June 27, 2019, subject to the protest period and petition as provided by Section 17.364.I of the Spring Hill Zoning Regulations, or

Z-01-19 Staff Report 6 of 7 · Denial of application with final action by the Governing Body on June 27, 2019, subject to the protest period and petition as provided by Section 17.364.I of the Spring Hill Zoning Regulations, or · Continuance of item to future meeting identifying specific issues to be reviewed by staff and/or the applicant.

RECOMMENDATION: Staff recommends approval of rezoning application Z-01-19 from R-R (Rural Residential) to M-1 (General Industrial).

Suggested Motion: Motion to recommend approval to the Spring Hill Governing Body for rezoning application Z-01-19 from R-R to M-1 as presented by staff.

Z-01-19 Staff Report 7 of 7

ORDINANCE NO. 2019-13

AN ORDINANCE PROVIDING FOR THE REZONING OF CERTAIN LANDS LOCATED ON THE SOUTHWEST CORNER OF 223RD STREET AND WOODLAND ROAD, FROM “R-R" RURAL RESIDENTIAL DISTRICT TO “M-1" GENERAL INDUSTRIAL DISTRICT WITHIN THE CITY OF SPRING HILL, MIAMI COUNTY, KANSAS.

WHEREAS, proper application (Z-01-19) for a change in the zoning of land hereinafter described has been made; and

WHEREAS, the Planning Commission of the City of Spring Hill, Kansas, did on the 6th day of June, 2019, conduct a public hearing to consider the application, and

WHEREAS, the said Planning Commission on the 6th day of June, 2019, closed the public hearing and recommended approval of the rezoning, by an affirmative vote of a majority of the entire membership of the Planning Commission to the Governing Body; and

WHEREAS, within fourteen (14) days after the conclusion of the date of the public hearing before the Planning Commission, no valid protest petition was filed with the office of the City Clerk; and

WHEREAS, on the 27th day of June, 2019, the Governing Body considered the findings, conditions and recommendations of the Planning Commission and the professional planning staff at the City Council meeting.

NOW THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF SPRING HILL, KANSAS:

SECTION ONE: The zoning of the following described tract of land located in Johnson County, Kansas:

REZONING LEGAL DESCRIPTION:

All that part of the Northwest Quarter Section 25, Township 15 South, Range 23 East, Miami County, Kansas, lying East of BNSF Railway, Described as follows: Commencing at the Northwest comer of the Northwest Quarter of said Section 25; thence N87°47'5l"E, along the North line of the Northwest Quarter of said Section 25, a distance of 847.25 feet; thence S2°12'07”E, a distance of 60.00 feet, to the Point of Beginning, said point being the current Intersection of the Southerly right of way 223rd Street

and the Westerly right of way Woodland Road; thence S2°12'07"E, along the Westerly right of way Woodland Road, a distance of 199.75 feet; thence along said Westerly right of way, along a curve to the right with a radius of 455.00 feet and a length of 399.45 feet, {chord bearing S22°56'48"W chord distance 386.75 feet); thence S48°06'11"W, along said Westerly right of way, a distance of 195.05 feet, to a point on the Northeasterly right of way BNSF Railway; thence NS2°02'S3"W, along said BNSF right of way, a distance of 59.37 feet; thence Northerly along said BNSF right of way, along a curve to the left, with a radius of 8669.00 feet and a length of 546.24 feet, (chord bearing N2°40'06”W chord distance 546.15 feet, to a point on the Southerly right of way 223rd Street; thence N13°40'10"E, along said Southerly right of way, a distance of 93.56 feet; thence N87°47'5l"E, along said Southerly right of way, parallel to and 60.00 feet South of the North line of the Northwest Quarter of said Section 25, a distance of 338.67 feet, to the Point of Beginning. Containing 4.44 Acres more or less, Subject to any part thereof ln roads.

is hereby changed from "R-R” RURAL RESIDENTIAL DISTRICT to “M-1" GENERAL INDUSTRIAL DISTRICT.

SECTION TWO: The zoning administrator is hereby authorized and directed to amend the Official Zoning District map of the City of Spring Hill, Kansas, in accordance with the foregoing changes in zoning.

SECTION THREE: This Ordinance shall take effect and be in force from and after its passage, approval, and publication as provided by law.

PASSED BY THE CITY COUNCIL this 27th day of June, 2019.

APPROVED BY THE MAYOR this 27th day of June, 2019.

______Steven M. Ellis, Mayor

ATTEST:

______Glenda Gerrity, City Clerk

APPROVED AS TO FORM:

______Frank H. Jenkins, Jr., City Attorney

EXCERPT PLANNING COMMISSION MINUTES JUNE 2, 2019

THE FOLLOWING MINUTES ARE SUBJECT TO MODIFICATION AND ARE NOT OFFICIAL MINUTES UNTIL APPROVED BY THE SPRING HILL PLANNING COMMISSION

City of Spring Hill, Kansas Minutes of Planning Commission Regular Session June 2, 2019

A Regular Session of the Planning Commission was held at the Civic Center, 401 N. Madison St., Spring Hill, Kansas on May 2, 2019. The meeting convened at 7:00 p.m. with Chairman Stephen Sly presiding, and Amy Long, Planning Secretary recording.

Commissioners in attendance: Stephen Sly Josh Erhart Janell Pollom Cindy Squire Troy Mitchell Roger Welsh, II Mary Dobson

Commissioners absent: Mike Denny Josh Nowlin

Staff in attendance: Jim Hendershot, City Administrator Jose Leon, Assistant City Administrator Amy Long, Secretary Ashley Wood, Executive Administrative Assistant

Public in attendance: Bill Peterman Lawrence Rudy

PLEDGE OF ALLEGIANCE

ROLL CALL

The Secretary called the roll of the Planning Commissioners. With a quorum present, the meeting commenced.

APPROVAL OF THE AGENDA WITH CORRECTIONS TO ITEM #4- PUBLIC HEARING FOR REZONING APPLICATION

Motion by Mr. Erhart, seconded by Mr. Welsh to approve the agenda with corrections. Roll Call Vote: Dobson- Aye, Mitchell-Aye, Welsh-Aye, Sly- Aye, Erhart-Aye, Pollom-Aye, Squire-Aye Motion carried 7-0-0

Spring Hill Planning Commission Regular Meeting Minutes - DRAFT June 6, 2019 Page 1 of 2

EXCERPT PLANNING COMMISSION MINUTES JUNE 2, 2019

THE FOLLOWING MINUTES ARE SUBJECT TO MODIFICATION AND ARE NOT OFFICIAL MINUTES UNTIL APPROVED BY THE SPRING HILL PLANNING COMMISSION

CITIZEN PARTICIPATION

Members of the public are welcome to use this time to make comments about City matters that do not appear on the agenda. Mr. Bill Peterman addressed the Commissioners on sidewalks and pathways around the City.

FORMAL COMMISSION ACTION

1. Public Hearing for Rezoning Application (Z-01-19) – Lawrence Rudy

Beginning of Staff Report End of Staff Report

Mr. Jim Hendershot presented the staff report as outlined above. Mr. Rudy noted Miami County Rural Water should be #7 on Page 5 of the Staff Report.

Mr. Sly opened the hearing to the public. Mr. Frank Moley, who owns property next to Mr. Rudy wanted to know what type of business it will be. Mr. Rudy said it will be an electrical Contractor Shop. Mr. Moley also asked what type of landscape barriers would be put in place. Mr. Sly said that would all be address by Planning Commission at the building permit process.

Mr. Sly asked Mr. Hendershot what the meaning of “island annexation” meant. Mr. Hendershot stated its property that sits by itself with no adjacent properties.

Ms. Squire asked when the annexation came in 2018 did it have to come in zoned as R-R. Mr. Hendershot stated yes, per statutory requirements.

With no other comments from the Public, Mr. Sly closed the public hearing.

Motion by Mr. Erhart, seconded by Ms. Pollom, to approve rezoning application Z-01-19 with corrections stated above. Roll Call Vote: Dobson- Aye, Mitchell-Aye, Welsh-Aye, Sly- Aye, Erhart-Aye, Pollom-Aye, Squire-Aye Motion carried 7-0-0

Spring Hill Planning Commission Regular Meeting Minutes - DRAFT June 6, 2019 Page 2 of 2