AGENDACITY COUNCIL

Tuesday, June 16, 20209:00 AM

The regular meeting of the City Council will be held on June 16, 2020 at 9:00 AM in the City CouncilChambers

455 N. Main Street, Wichita, KS 67202.

OPENING OF REGULAR MEETING

Call to Order

Invocation and Pledge of Allegiance

Approve the minutes of regular meeting on June 9, 2020.

Proclamation - National Day of Joy

I. PUBLIC AGENDANOTICE: No action will be taken relative to items on this agenda other than referral forinformation. Requests to appear will be placed on a “first-come, first-served” basis. Thisportion of the meeting is limited to thirty minutes and shall be subject to a limitation of fiveminutes for each presentation with no extension of time permitted. No speaker shall beallowed to appear more frequently than once every fourth meeting. Members of the publicdesiring to present matters to the Council on the public agenda must submit a request inwriting to the office of the city clerk prior to twelve noon on the Tuesday preceding the councilmeeting. Matter pertaining to personnel, litigation and violations of laws and ordinances areexcluded from the agenda.Rules of decorum as provided in this code will be observed.

1. Andrew Crane - Wichita Transit.

2. Alan Trenary - Active citizen participation in City affairs and in neighborhoodassociations.

II. CONSENT AGENDA ITEMS 1 THROUGH 11NOTICE: Items listed under the “Consent Agendas” will be enacted by one motion with noseparate discussion. If discussion on an item is desired, the item will be removed from the“Consent Agendas” and considered separately (The Council will be considering the CityCouncil Consent Agenda as well as the Planning, Housing, and Airport Consent Agendas.Please see “ATTACHMENT 1 – CONSENT AGENDA ITEMS” for a listing of all ConsentAgenda Items.

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COUNCIL BUSINESS

III. BOARD OF BIDS AND CONTRACTS

1. Report of Board of Bids and Contracts dated June 15, 2020.

RECOMMENDED ACTION: Receive and file report, approve the contracts andauthorize the necessary signatures. 06-15-2020 Board of Bids.pdf

IV. UNFINISHED COUNCIL BUSINESS - NONE

V. NEW COUNCIL BUSINESS

1. Public Hearing and Issuance of Multifamily Housing Revenue Bonds, SteeleSomerset, LLC. (District VI)

RECOMMENDED ACTION: Close the public hearing and place on first reading thebond ordinance authorizing the execution and delivery of documents for the issuanceof Multifamily Housing Revenue Bonds in an amount not to exceed $12,000,000 forSteele Somerset, LLC and authorize the necessary signatures.Agenda Report No. V-1.docOrdinance 51-298

2. Public Hearing and Issuance of Health Care Facilities Revenue Bonds, AmericanBaptist Estates. (District IV)

RECOMMENDED ACTION: Close the public hearing and place on first reading theBond Ordinance authorizing the execution and delivery of documents for the issuanceof Healthcare Facilities Revenue Bonds in an amount not to exceed $3,320,000 andauthorize the necessary signatures.Agenda Report No. V-2.docOrdinance 51-299

3. 2020 Arterial Sidewalk Program.

RECOMMENDED ACTION: Approve the project and locations, adopt the resolution,and authorize the necessary signatures.Agenda Report No. V-3.docResolution 20-166

4. Lease of Space at 4195 East Harry for Relocation of the Linwood Branch Library.(District III)

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RECOMMENDED ACTION: Approve the lease agreement and authorize allnecessary signatures.Agenda Report No. V-4.docLease 4195 E Harry.pdfAerial 4195 Harry site.pdf

5. Acquisition of 2120 North Hoover Road for the Northwest Wichita Water Facility.(District VI)

RECOMMENDED ACTION: Approve the real estate purchase agreement andauthorize all necessary signatures.Agenda Report No. V-5.docSupporting Documents

6. 2019/2020 CDBG Domestic Violence Shelter Services Contract Amendments.

RECOMMENDED ACTION: Authorize the CDBG CARES Act funding allocations inthe total amount of $75,000, approve the contract amendments, and authorize thenecessary signatures.Agenda Report No. V-6.docx2019-20 CDBG Cath Char Harbor House First Amendment CARES.docx2019-2020 Wichita Family Crisis Center CDBG First Amendment CARES.docx2019-20 CDBG Stepstone First Amendment CARES.docx

COUNCIL BUSINESS SUBMITTED BY CITY AUTHORITIES

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

VI. NON-CONSENT PLANNING AGENDA - NONE

HOUSING AGENDANOTICE: The City Council is meeting as the governing body of the Housing Authority forconsideration and action on the items on this Agenda, pursuant to State law, HUD, and Cityordinance. The meeting of the Authority is deemed called to order at the start of this Agendaand adjourned at the conclusion. A Housing Member is also seated with the City Council.

VII. NON-CONSENT HOUSING AGENDA - NONE

AIRPORT AGENDA

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

VIII. NON-CONSENT AIRPORT AGENDA

1. Lt. Erwin Bleckley Memorial, Wichita Dwight D. Eisenhower National Airport.

RECOMMENDED ACTION: Approve the request to privately fund the acquisition,restoration, installation, and display of the aircraft at Eisenhower National Airport if itcan be determined that the aircraft will fit in an appropriate location and the installationcan be accomplished without hindering other airport operations or functions. Agenda Report No. VIII-1.docBleckley Memorial - Attachment.pdf

COUNCIL AGENDA

IX. COUNCIL MEMBER AGENDA - NONE

X. COUNCIL MEMBER COMMENTS AND APPOINTMENTS

1. Board Appointments.

RECOMMENDED ACTION: Approve the appointments.

Adjournment

ATTACHMENT 1 - CONSENT AGENDA ITEMS 1 THROUGH 11

II. CITY COUNCIL CONSENT AGENDA ITEMS

1. Applications for Licenses for Cereal Malt Beverages:

a. Applications for Licenses to Retail Cereal Malt Beverages:

RECOMMENDED ACTION: Approve licenses subject to staff review and approval. CMBs for June 16, 2020.docx

2. Preliminary Estimates:

a. List of Preliminary Estimates.

RECOMMENDED ACTION: Receive and file.

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PEs for CC 06-16-20.pdf

b. Not To Be Advertised Paving Improvements Courtyards at Brookfield Addition

RECOMMENDED ACTION: Receive and file. PE Cover Sheet NTBA Courtyards at Brookfield.pdf

3. Petitions for Public Improvements:

a. Petitions for Improvements to Serve Clear Creek 4th Addition. (District II)

RECOMMENDED ACTION: Approve the petitions and budgets, adopt theresolutions, and authorize the necessary signatures.Agenda Report No. II-3a.docSupporting DocumentsResolution 20-167 (012797)Resolution 20-168 (013231)Resolution 20-169 (085612)

b. Petitions for Improvements to Serve Edge Water 4th Addition. (District VI)

RECOMMENDED ACTION: Approve the petitions and budgets, adopt theresolutions, and authorize the necessary signatures.Agenda Report No. II-3b.docSupporting DocumentsResolution 20-170 (012801)Resolution 20-171 (012804)Resolution 20-172 (085441)Resolution 20-173 (085613)

c. Petitions for Improvements to Serve Willow Creek East 4th Addition. (District II)

RECOMMENDED ACTION: Approve the petitions and budgets, adopt theresolutions, and authorize the necessary signatures.Agenda Report No. II-3c.docSupporting DocumentsResolution 20-174 (012799)Resolution 20- 175 (012803)Resolution 20-176 (085611)

Uncategorized Items:

4. Amending Resolution for Kellogg, Greenwich to K-96. (District II)

RECOMMENDED ACTION: Adopt the amending resolution and authorize the

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necessary signatures. Agenda Report No. II-4.docResolution 20-177

5. Approval of Agreement at 400 West Douglas. (District VI)

RECOMMENDED ACTION: Approve the Rooftop Antenna License Agreement andauthorize all necessary signatures. Agenda Report No. II-5.docAgreement

6. Abatement of Unsafe Structures. (Districts I, III and VI)

RECOMMENDED ACTION: Approve the proposed assessments and place theordinance on first reading.Agenda Report No. II-6.docxProperty Listing.docxOrdinance 51-296

7. Consulting Agreement for Artistic Oversight Services for Ballpark Project. (District IV)

RECOMMENDED ACTION: Approve the consulting agreement with SJCF andauthorize the necessary signatures.Agenda Report No. II-7.docxAgreement.pdf

8. Supplemental Consulting Agreement No. 1 for Owner's Representative Services forBallpark Project. (District IV)

RECOMMENDED ACTION: Approve the Supplemental Consulting Agreement No. 1with IFG and authorize the necessary signatures.Agenda_Report_No._II-8.docx

9. Second Reading Ordinances:

a. Second Reading Ordinances (first read June 9, 2020)

RECOMMENDED ACTION: Adopt the ordinances. List of Second Reading Ordinances 06-16-2020.docx

II. CONSENT PLANNING AGENDA ITEMSNOTICE: Public hearing on planning items is conducted by the MAPC under provisions ofState law. Adopted policy is that additional hearing on zoning applications will not beconducted by the City Council unless a statement alleging (1) unfair hearing before theMAPC, or (2) alleging new facts or evidence has been filed with the City Clerk by 5p.m. on

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the Wednesday preceding this meeting. The Council will determine from the writtenstatement whether to return the matter to the MAPC for rehearing.

10. SUB2019-00024 -- Plat of Turkey Creek 4th Addition Located on the North Side ofWest Pawnee Avenue, on the East Side of South 135th Street West. (District IV)

RECOMMENDED ACTION: Approve the documents and plat and authorize thenecessary signatures.Agenda Report No. II-10.docxSupporting Documents

11. A20-02: Ascension Via Christi Property Services Requests Annexation of LandGenerally Located on the Southeast Corner of East 31st Street South and SouthOliver Street. (District III)

RECOMMENDED ACTION: Approve the annexation request, place the ordinance onfirst reading, authorize the necessary signatures and instruct the City Clerk to publishthe ordinance after approval on second reading.Agenda Report No. II-11.docxA20 02 -Mapsheet.docxOrdinance 51-297

II. CONSENT HOUSING AGENDA ITEMS - NONENOTICE: The City Council is meeting as the governing body of the Housing Authority forconsideration and action on the items on this Agenda, pursuant to State law, HUD, and Cityordinance. The meeting of the Authority is deemed called to order at the start of this Agendaand adjourned at the conclusion. A Housing Member is also seated with the City Council.

II. CONSENT AIRPORT AGENDA ITEMS - NONENOTICE: The City Council is meeting as the governing body of the Airport Authority forconsideration and action on items on this Agenda, pursuant to State law and City ordinance. The meeting of the Authority is deemed called to order at the start of this Agenda andadjourned at the conclusion.

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Agenda Item No. V-1

City of WichitaCity Council Meeting

June 16, 2020

TO: Mayor and City Council

SUBJECT: Public Hearing and Issuance of Multifamily Housing Revenue Bonds (Steele Somerset, LLC) (District VI)

INITIATED BY: Office of Economic Development

AGENDA: New Business______________________________________________________________________________

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

Background: On May 12, 2020, the City Council approved a letter of intent to issue Multifamily Housing Revenue Bonds for Steele Somerset, LLC (Somerset) in an amount not to exceed $12,000,000 for the acquisition and renovation of Somerset Plaza Tower located at 2395 Somerset Street.

Somerset is now requesting the issuance of Multifamily Housing Revenue Bonds Industrial Revenue Bondsin an amount not-to-exceed $12,000,000.

Somerset has applied for 4% Low Income Housing Tax Credits, through the Kansas Housing Resource Corporation, which requires the use of bonds for tax exempt financing.

Analysis: Somerset is in the process of acquiring the Somerset Plaza Tower apartments located at 2395 Somerset Street, north of 21st Street North near the Little Arkansas River. The facility encompasses 100units on approximately 1.5 acres. The complex was built in 1979 and is leased to low-income seniors and disabled residents. The property is covered by a Section 8 Housing Assistance Payment (HAP) contract,which subsidizes the resident-paid portion of rent. As part of its acquisition of the property, Somersetintends to extend the HAP contract for an additional 20 years, which insures rental assistance for low-income residents.

In addition to the $8,250,000 acquisition investment, Somerset intends to invest at least $3,250,000 to renovate the facility. Renovation plans include conversion of units to comply with ADA requirements, substantial renovations to bathrooms and kitchens, painting the exterior, new landscaping, parking lot repairs, new hardwired smoke/CO2 detectors and new refrigerators and ranges in all units, among other improvements.

Financial Considerations: KeyBank National Association will purchase the bonds. Somerset agrees to pay all costs of issuing the bonds and agrees to pay the City’s $2,500 annual IRB administrative fee for the term of the bonds. Somerset is not requesting a property tax abatement in conjunction with the IRBs. The project will qualify for a sales tax exemption on bond-financed purchases.

Legal Considerations: The law firm of Gilmore & Bell, P.C. will serve as bond counsel in the transaction. The form of bond documents shall be subject to review and approval by the Law Department prior to the issuance of any bonds.

Recommendations/Actions: It is recommended that the City Council close the public hearing and place on first reading the bond ordinance authorizing the execution and delivery of documents for the issuance of Multifamily Housing Revenue Bonds in an amount not to exceed $12,000,000 for Steele Somerset, LLC andauthorize the necessary signatures.

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Steele Somerset, LLCJune 16, 2020Page 2

Attachments: Bond Ordinance

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600809.20540\ORDINANCE V1

GILMORE & BELL, P.C.05/08/2020

ORDINANCE NO. 51-298

OF THECITY OF WICHITA, KANSAS

AUTHORIZING THE ISSUANCE OFNOT TO EXCEED $12,000,000

MULTIFAMILY HOUSING REVENUE BONDSSERIES II, 2020

(STEELE SOMERSET LLC)

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600809.20540\ORDINANCE V1

(Published in The Wichita Eagle, June 26, 2020)

ORDINANCE NO. 51-298

AN ORDINANCE AUTHORIZING THE CITY OF WICHITA, KANSAS TO ISSUE ITS MULTIFAMILY HOUSING REVENUE BONDS, SERIES II, 2020 (STEELE SOMERSET LLC) FOR THE PURPOSE OF THE ACQUISITION, CONSTRUCTION, RENOVATION AND EQUIPPING OF A MULTIFAMILY APARTMENT COMPLEX; AND AUTHORIZING CERTAIN OTHER DOCUMENTS AND ACTIONS IN CONNECTION THEREWITH.

THE GOVERNING BODY OF THE CITY OF WICHITA, KANSAS HAS FOUND AND DETERMINED:

A. The City of Wichita, Kansas (the "Issuer") is authorized by K.S.A. 12-1740 et seq., as amended (the "Act"), to acquire, construct, improve and equip certain facilities (as defined in the Act) for commercial, industrial and manufacturing purposes, to enter into leases and lease-purchase agreements with any person, firm or corporation for such facilities, and to issue revenue bonds for the purpose of paying the costs of such facilities.

B. The Issuer's governing body has determined that it is desirable in order to promote, stimulate and develop the general economic welfare and prosperity of the Issuer and the State of Kansas that the Issuer issue its Multifamily Housing Revenue Bonds, Series II, 2020 (Steele Somerset LLC) dated June 1, 2020 in the aggregate principal amount of not to exceed $12,000,000 (the "Series II, 2020 Bonds"), for the purpose of paying the costs of the acquisition, construction, renovation and equipping of a multifamily apartment complex (the "Project"), as more fully described in the Trust Indenture and in the Lease authorized in this Ordinance, for lease to Steele Somerset LLC, a Kansas limited liability company (the "Tenant").

C. The Issuer's governing body finds that it is necessary and desirable in connection with the issuance of the Series II, 2020 Bonds to execute and deliver the following documents (collectively, the "Bond Documents"):

(i) a Trust Indenture dated as of June 1, 2020 (the "Indenture"), with Security Bank of Kansas City, Kansas City, Kansas, as Trustee (the "Trustee"), prescribing the terms and conditions of issuing and securing the Series II, 2020 Bonds;

(ii) a Site Lease dated as of June 1, 2020 (the “Site Lease”), with the Tenant, under which the Issuer will lease the Land and the existing improvements thereon from the Tenant;

(iii) a Lease dated as of June 1, 2020 (the "Lease"), with the Tenant, under which the Issuer will acquire, construct, renovate and equip the Project and lease it to the Tenant in consideration of Basic Rent and other payments;

(iv) a Bond Purchase Agreement dated as of June 30, 2020 (the "Bond Purchase Agreement") providing for the sale of the Series II, 2020 Bonds by the Issuer to KeyBank National Association(the “Purchaser”);

(v) a Tax Compliance Agreement among the Issuer, the Tenant and the Trustee; and

(vi) a Land Use Restriction Agreement among the Issuer, the Tenant and the Trustee.

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

Section 1. Definition of Terms. All terms and phrases not otherwise defined in this Ordinance will have the meanings set forth in the Trust Indenture and the Lease.

Section 2. Authority to Cause the Project to Be Purchased and Constructed. The Issuer is authorized to cause the Project to be acquired, constructed, renovated and equipped in the manner described in the Trust Indenture and the Lease.

Section 3. Authorization of and Security for the Bonds. The Issuer is authorized and directed to issue the Series II, 2020 Bonds, to be designated "City of Wichita Kansas Multifamily Housing Revenue Bonds, Series II, 2020 (Steele Somerset LLC)" in the aggregate principal amount of not to exceed$12,000,000, for the purpose of providing funds to pay the costs of the Project. The Series II, 2020 Bonds will be in such principal amount, will be dated and bear interest, will mature and be payable at such times, will be in such forms, will be subject to redemption and payment prior to maturity, and will be issued according to the provisions, covenants and agreements in the Trust Indenture. The Series II, 2020 Bonds will be special limited obligations of the Issuer payable solely from the Trust Estate under the Indenture, including revenues derived from the Lease of the Project. The Series II, 2020 Bonds will not be general obligations of the Issuer, nor constitute a pledge of the faith and credit of the Issuer, and will not be payable in any manner by taxation.

Section 4. Authorization of Indenture. The Issuer is authorized to enter into the Indenture with the Trustee in the form approved in this Ordinance. The Issuer will pledge the Trust Estate described in the Indenture to the Trustee for the benefit of the owners of the Series II, 2020 Bonds on the terms and conditions in the Indenture.

Section 5. Lease of the Project. The Issuer will lease the real property and existing improvements from the Tenant, and the Issuer will acquire, construct, renovate and equip the Project and lease it back to the Tenant according to the provisions of the Lease in the form approved in this Ordinance.

Section 6. Authorization of Bond Purchase Agreement. The Issuer is authorized to sell the Series II, 2020 Bonds to the Purchaser, according to the terms and provisions of the Bond Purchase Agreement, in the form approved in this Ordinance.

Section 7. Execution of Bonds and Bond Documents. The Mayor of the Issuer is authorized and directed to execute the Series II, 2020 Bonds and deliver them to the Trustee for authentication on behalf of the Issuer in the manner provided by the Act and in the Trust Indenture. The Mayor or member of the Issuer's governing body authorized by law to exercise the powers and duties of the Mayor in the Mayor's absence is further authorized and directed to execute and deliver the Bond Documents on behalf of the Issuer in substantially the forms presented for review prior to final passage of this Ordinance, with such corrections or amendments as the Mayor or other person lawfully acting in the absence of the Mayor may approve, which approval shall be evidenced by his or her signature. The authorized signatory may sign and deliver all other documents, certificates or instruments as may be necessary or desirable to carry out the purposes and intent of this Ordinance and the Bond Documents. The City Clerk or the Deputy City Clerk of the Issuer is hereby authorized and directed to attest the execution of the Series II, 2020 Bonds, the Bond Documents and such other documents, certificates and instruments as may be necessary or desirable to carry out the intent of this Ordinance under the Issuer's corporate seal.

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Section 8. Pledge of the Project and Net Lease Rentals. The Issuer hereby pledges the Project and the net rentals generated under the Lease to the payment of the Series II, 2020 Bonds in accordance with K.S.A. 12-1744. The lien created by the pledge will be discharged when all of the Series II, 2020 Bonds are paid or deemed to have been paid under the Indenture.

Section 9. Authority To Correct Errors, Etc. The Mayor or member of the Issuer's governing body authorized to exercise the powers and duties of the Mayor in the Mayor's absence, the City Clerk and any Deputy City Clerk are hereby authorized and directed to make any alterations, changes or additions in the instruments herein approved, authorized and confirmed which may be necessary to correct errors or omissions therein or to conform the same to the other provisions of said instruments or to the provisions of this Ordinance.

Section 10. Further Authority. The officials, officers, agents and employees of the Issuer are authorized and directed to take whatever action and execute whatever other documents or certificates as may be necessary or desirable to carry out the provisions of this Ordinance and to carry out and perform the duties of the Issuer with respect to the Series II, 2020 Bonds and the Bond Documents.

Section 11. Effective Date. This Ordinance shall take effect after its final passage by the governing body of the Issuer and publication once in the Issuer's official newspaper.

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600809.20540\ORDINANCE V1

(Signature Page to Bond Ordinance)

PASSED by the governing body of the Issuer on June 23, 2020.

(SEAL)Mayor

ATTEST:

City Clerk

APPROVED AS TO FORM ONLY.

Jennifer Magaña, Director of Law and City Attorney

[BALANCE OF THIS PAGE INTENTIONALLY LEFT BLANK]

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600809.20540\ORDINANCE V1

CERTIFICATE

I hereby certify that the attached copy is a true and correct copy of Ordinance No. 51-298 of the City of Wichita, Kansas duly passed by the governing body, signed by the Mayor and published in the official City newspaper on the respective dates stated in this ordinance, and that the signed original of such Ordinance is on file in my office.

[SEAL]__________________________________________

City Clerk

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600809.20540\ORDINANCE V1

EXCERPT OF MINUTES OF A MEETINGOF THE GOVERNING BODY OF

THE CITY OF WICHITA, KANSASHELD ON JUNE 16, 2020

The governing body of the City of Wichita, Kansas met in regular session at the usual meeting place in the City, at 9:00 a.m., the following members being present and participating, to-wit:

Absent:

The Mayor declared that a quorum was present and called the meeting to order.

* * * * * * * * * * * * * *

(Other Proceedings)

Among other business, in accordance with notice published on June 5, 2020, in the Wichita Eagle, a public hearing was held by the governing body relating to the proposed issuance of $12,000,000 principal amount of Multifamily Housing Revenue Bonds, Series II, 2020 (Steele Somerset LLC). All interested persons were afforded an opportunity to present their views on the issuance of the Bonds and the location and nature of the Project to be financed with the proceeds of the Bonds. Thereupon, the public hearing was closed.

Thereupon, there was presented for first reading an Ordinance entitled:

AN ORDINANCE AUTHORIZING THE CITY OF WICHITA, KANSAS TO ISSUE ITS MULTIFAMILY HOUSING REVENUE BONDS, SERIES II, 2020 (STEELE SOMERSET LLC) FOR THE PURPOSE OF THE ACQUISITION, CONSTRUCTION, RENOVATION AND EQUIPPING OF A MULTIFAMILY APARTMENT COMPLEX; AND AUTHORIZING CERTAIN OTHER DOCUMENTS AND ACTIONS IN CONNECTION THEREWITH.

Thereupon, Councilmember ________________ moved that said Ordinance be passed. The motion was seconded by Councilmember ________________. Said Ordinance was duly read and considered, and upon being put, the motion for the passage upon first reading of said Ordinance was carried by the vote of the governing body, the vote being as follows:

Aye:

Nay:

* * * * * * * * * * * * * *

(Other Proceedings)

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600809.20540\ORDINANCE V1

(Clerk’s Certification of Minutes)

CERTIFICATE

I certify that the foregoing Excerpt of Minutes is a true and correct excerpt of the proceedings of the governing body of the City of Wichita, Kansas held on the date stated therein, and that the official minutes of such proceedings are on file in my office.

[SEAL]____________________________________

City Clerk

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600809.20540\ORDINANCE V1

EXCERPT OF MINUTES OF A MEETINGOF THE GOVERNING BODY OF

THE CITY OF WICHITA, KANSASHELD ON JUNE 23, 2020

The governing body of the City of Wichita, Kansas met in regular session at the usual meeting place in the City, at 9:00 a.m., the following members being present and participating, to-wit:

Absent:

The Mayor declared that a quorum was present and called the meeting to order.

* * * * * * * * * * * * * *

(Other Proceedings)

Thereupon, there was presented for second reading on the governing body’s consent agenda an Ordinance entitled:

AN ORDINANCE AUTHORIZING THE CITY OF WICHITA, KANSAS TO ISSUE ITS MULTIFAMILY HOUSING REVENUE BONDS, SERIES II, 2020 (STEELE SOMERSET LLC) FOR THE PURPOSE OF THE ACQUISITION, CONSTRUCTION, RENOVATION AND EQUIPPING OF A MULTIFAMILY APARTMENT COMPLEX; AND AUTHORIZING CERTAIN OTHER DOCUMENTS AND ACTIONS IN CONNECTION THEREWITH.

Thereupon, Councilmember __________________ moved that the consent agenda be passed. The motion was seconded by Councilmember __________________. The motion that the consent agenda be passed, including final passage of said Ordinance, was carried by the vote of the governing body, the vote being as follows:

Aye:

Nay:

Thereupon, the Ordinance was then duly numbered Ordinance No. 51-298, was signed by the Mayor and attested by the Clerk, and the Ordinance was directed to be published one time in the official newspaper of the City.

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(Other Proceedings)

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600809.20540\ORDINANCE V1

(Clerk’s Certification of Minutes)

CERTIFICATE

I certify that the foregoing Excerpt of Minutes is a true and correct excerpt of the proceedings of the governing body of the City of Wichita, Kansas held on the date stated therein, and that the official minutes of such proceedings are on file in my office.

[SEAL]____________________________________

City Clerk

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Agenda Item No. V-2

City of WichitaCity Council Meeting

June 16, 2020

TO: Mayor and City Council

SUBJECT: Public Hearing and Issuance of Health Care Facilities Revenue Bonds (American Baptist Estates) (District IV)

INITIATED BY: Office of Economic Development

AGENDA: New Business________________________________________________________________________

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

Background: On May 12, 2020, the City Council approved a letter of intent to issue Health Care Facilities Revenue Bonds for American Baptist Estates, Inc., d/b/a Prairie Homestead in an amount not to exceed $3,320,000. The proceeds of the bonds will be used to refinance bonds issued in 2016. The company is now requesting the issuance of bonds in an amount not to exceed $3,320,000 to refund (refinance) the bonds to achieve an interest rate savings.

Analysis: American Baptist Estates, Inc. is a Kansas not-for-profit corporation formed in 1963 to provide a continuing care retirement community for older adults. The original senior care campus was developed in 1965. It provides housing accommodations and care for older adults especially designed to meet their physical, social and spiritual needs. The facility offers duplexes, independent living and nursing care with either single or double occupancy. The facility provides health care services that include nursing services through scheduled clinics, 24-hour nursing care, and a multitude of therapies. American Baptist Estatesalso provides dining services, weekly basic housekeeping, security and safety features, numerous in-house social activities, and scheduled transportation.

In 2016, the company demolished six buildings that had nine units each. Due to market demand for more modern, larger independent living units, it rebuilt on the same footprint with buildings that accommodate four units each.

As a not-for-profit 501 (c)(3) corporation, American Baptist Estates is eligible to receive tax-exempt revenue bond financing. The refunding will allow American Baptist Estates to achieve an interest rate savings over the 2016 bonds.

Financial Considerations: American Baptist Estates agrees to pay all costs of issuing the bonds and agrees to pay the City’s $2,500 annual industrial revenue bond administrative fee for the term of the bonds.

American Baptist Estates is generally exempt from ad valorem taxes pursuant to Kansas law. Therefore no tax exemption is requested in conjunction with issuance of the Health Care Facilities Revenue Bonds.

Legal Considerations: Bond documents needed for the issuance of the bonds will be prepared by Gilmore & Bell, P.C., the City’s outside bond counsel. The City’s Law Department will review and approve the final form of bond documents prior to the issuance of any bonds.

Recommendations/Actions: It is recommended that the City Council close the public hearing and place on first reading the Bond Ordinance authorizing the execution and delivery of documents for the issuance

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American Baptist EstatesJune 16, 2020Page 2

of Healthcare Facilities Revenue Bonds in an amount not to exceed $3,320,000 and authorize the necessary signatures.

Attachment: Bond Ordinance

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600809.20541\ORDINANCE V2

GILMORE & BELL, P.C.06/05/2020

ORDINANCE NO. 51-299

OF THECITY OF WICHITA, KANSAS

AUTHORIZING THE ISSUANCE OF$3,320,000 HEALTH CARE FACILITIES REFUNDING REVENUE BONDS

SERIES III, 2020(AMERICAN BAPTIST ESTATES, INC.)

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600809.20541\ORDINANCE V2

(Published in The Wichita Eagle, June 26, 2020)

ORDINANCE NO. 51-299

AN ORDINANCE AUTHORIZING THE CITY OF WICHITA, KANSAS TO ISSUE ITS HEALTH CARE FACILITIES REFUNDING REVENUE BONDS, SERIES III, 2020(AMERICAN BAPTIST ESTATES, INC.) FOR THE PURPOSE OF REFUNDING CERTAIN OUTSTANDING REVENUE BONDS AND PAYING THE COSTS OF REFUNDING CERTAIN OUTSTANDING BONDS OF AN EXISTING RETIREMENT FACILITY; AND AUTHORIZING CERTAIN OTHER DOCUMENTS AND ACTIONS IN CONNECTION THEREWITH.

THE GOVERNING BODY OF THE CITY OF WICHITA, KANSAS HAS FOUND AND DETERMINED:

A. The City of Wichita, Kansas (the "Issuer") is authorized by K.S.A. 12-1740 et seq., as amended (the "Act"), to acquire, construct, improve and equip certain facilities (as defined in the Act) for commercial, industrial and manufacturing purposes, to enter into leases and lease-purchase agreements with any person, firm or corporation for such facilities, to issue revenue bonds for the purpose of paying the costs of such facilities and to issue revenue bonds for the purpose of refunding such bonds.

B. Pursuant to Ordinance No. 49-413 of the Issuer adopted December 18, 2012 and a TrustIndenture dated as of December 1, 2012 (the "Original Indenture") between the Issuer and Security Bank ofKansas City, Kansas City, Kansas, as successor to UMB Bank, N.A., as trustee (the "Trustee"), the Issuer has previously issued its Health Care Facilities Revenue Refunding Bonds, Series IX, 2012 (American Baptist Estates, Inc.) in the original principal amount of $2,250,000 (the "2012 Bonds"), of which none remain outstanding, for the purpose of refinancing the costs of the construction, furnishing and equipping of assisted living apartments at a continuing care retirement facility (the "2008 Project").

C. Pursuant to Ordinance No. 50-173 of the Issuer adopted April 19, 2016 and a Supplemental Trust Indenture No. 1 dated as of April 1, 2016 between the Issuer and Security Bank of Kansas City, as Trustee (the "Supplemental Indenture No. 1"), which supplemented the Original Indenture, the Issuer previously issued its Health Care Facilities Revenue Bonds, Series I, 2016 (American Baptist Estates, Inc.) dated April 28, 2016, in the original principal amount of $3,500,000, of which $3,270,000 remains outstanding (the “Outstanding Bonds”), for the purpose of financing the costs of the demolition of existing structures and the construction, furnishing and equipping of independent living apartments at a continuing care retirement facility (the “2016 Project”).

D. The 2008 Project and 2016 Project (collectively, the “Project”) were leased to American Baptist Estates, Inc., a Kansas Not For Profit Corporation (the "Tenant"), pursuant to the provisions of a certain Lease dated as of December 1, 2012, as supplemented by a Supplemental Lease No. 1 dated as of April 1, 2016, each between the Issuer and the Tenant (the "Original Lease").

E. In order to gain certain financial advantages presently available, the Tenant desires that the Issuer issue its Health Care Facilities Refunding Revenue Bonds, Series III, 2020 (American Baptist Estates, Inc.) dated July 9, 2020 in the aggregate principal amount of $3,320,000 (the "Series III, 2020 Bonds") for the purpose of providing funds to refund the Outstanding Bonds in advance of their maturities, by providing for the early redemption thereof as more fully provided in the Indenture hereinafter authorized.

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F. The Issuer's governing body finds that it is necessary and desirable in connection with the issuance of the Series III, 2020 Bonds to execute and deliver the following documents (collectively, the "Bond Documents"):

(i) a Trust Indenture dated as of July 1, 2020 (the "Indenture"), with Security Bank of Kansas City, Kansas City, Kansas, as Trustee (the "Trustee"), prescribing the terms and conditions of issuing and securing the Series III, 2020 Bonds;

(ii) a Lease dated as of July 1, 2020 (the "Lease"), with the Tenant, under which the Issuer will lease the Project to the Tenant in consideration of Basic Rent and other payments;

(iii) a Bond Purchase Agreement (the "Bond Purchase Agreement") providing for the sale of the Series III, 2020 Bonds by the Issuer to Riedl First Securities Company of Kansas, Wichita, Kansas(the “Purchaser”), and

(iv) a Tax Compliance Agreement among the Issuer, the Tenant and the Trustee.

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

Section 1. Definition of Terms. All terms and phrases not otherwise defined in this Ordinance will have the meanings set forth in the Trust Indenture and the Lease.

Section 2. Authority to Cause the Outstanding Bonds to be Redeemed. The Issuer is hereby authorized to cause the Outstanding Bonds to be redeemed on or about July 9, 2020, in accordance with the provisions of the Original Indenture and the Trustee is authorized to give notice of such redemption in accordance with the provisions of the Original Indenture.

Section 3. Authorization of and Security for the Bonds. The Issuer is authorized and directed to issue the Series III, 2020 Bonds, to be designated "City of Wichita Kansas Health Care Facilities RefundingRevenue Bonds, Series III, 2020 (American Baptist Estates, Inc.)" in the aggregate principal amount of $3,320,000, for the purpose of providing funds to refund the Outstanding Bonds and pay costs of issuance of the Series III, 2020 Bonds. The Series III, 2020 Bonds will be in such principal amount, will be dated and bear interest, will mature and be payable at such times, will be in such forms, will be subject to redemption and payment prior to maturity, and will be issued according to the provisions, covenants and agreements in the Indenture. The Series III, 2020 Bonds will be special limited obligations of the Issuer payable solely from the Trust Estate under the Indenture, including revenues derived from the Lease of the Project. The Series III, 2020 Bonds will not be general obligations of the Issuer, nor constitute a pledge of the faith and credit of the Issuer, and will not be payable in any manner by taxation.

Section 4. Authorization of Indenture. The Issuer is authorized to enter into the Indenture with the Trustee in the form approved in this Ordinance. The Issuer will pledge the Trust Estate described in the Indenture to the Trustee for the benefit of the owners of the Series III, 2020 Bonds on the terms and conditions in the Indenture.

Section 5. Lease of the Project. The Issuer will continue to lease the Project to the Tenant according to the provisions of the Lease in the form approved in this Ordinance.

Section 6. Approval of the Guaranty Agreement. The form of the Guaranty Agreement dated as of July 1, 2020 between the Tenant and the Trustee, for the benefit of the owners of the Series III, 2020 Bonds is approved.

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Section 7. Authorization of Bond Purchase Agreement. The Issuer is authorized to sell the Series III, 2020 Bonds to the Purchaser, according to the terms and provisions of the Bond Purchase Agreement, in the form approved in this Ordinance.

Section 8. Execution of Bonds and Bond Documents. The Mayor of the Issuer is authorized and directed to execute the Series III, 2020 Bonds and deliver them to the Trustee for authentication on behalf of the Issuer in the manner provided by the Act and in the Trust Indenture. The Mayor or member of the Issuer's governing body authorized by law to exercise the powers and duties of the Mayor in the Mayor's absence is further authorized and directed to execute and deliver the Bond Documents on behalf of the Issuer in substantially the forms presented for review prior to final passage of this Ordinance, with such corrections or amendments as the Mayor or other person lawfully acting in the absence of the Mayor may approve, which approval shall be evidenced by his or her signature. The authorized signatory may sign and deliver all other documents, certificates or instruments as may be necessary or desirable to carry out the purposes and intent of this Ordinance and the Bond Documents. The City Clerk or the Deputy City Clerk of the Issuer is hereby authorized and directed to attest the execution of the Series III, 2020 Bonds, the Bond Documents and such other documents, certificates and instruments as may be necessary or desirable to carry out the intent of this Ordinance under the Issuer's corporate seal.

Section 9. Pledge of the Project and Net Lease Rentals. The Issuer hereby pledges the Project and the net rentals generated under the Lease to the payment of the Series III, 2020 Bonds in accordance with K.S.A. 12-1744. The lien created by the pledge will be discharged when all of the Series III, 2020 Bonds are paid or deemed to have been paid under the Indenture.

Section 10. Approval of Preliminary Official Statement and Official Statement. The Preliminary Official Statement, as submitted for review, and the Official Statement, in substantially the form of the Preliminary Official Statement, is approved. Public distribution of the Preliminary Official Statement and Official Statement by the Purchaser are approved. The Issuer has not participated in the preparation of the Preliminary Official Statement or the Official Statement and has not verified the accuracy of the information in them (except as respects the Issuer). Accordingly, approval does not constitute a representation by the Issuer as to the completeness or accuracy of the information contained in them. In order to enable the Purchaser to comply with the requirements of Rule 15c2-12(b)(1) of the Securities and Exchange Commission, the Mayor has deemed the information regarding the Issuer contained in the Preliminary Official Statement to be "final" as of its date, except for the omission of such information as is permitted by Rule 15c2-12(b)(1), and the action of the Mayor in that regard is ratified and approved. The Mayor is authorized, if requested, to sign other documents or certificates as necessary to enable the Purchaser to comply with the requirements of the Rule.

Section 11. Authority To Correct Errors, Etc. The Mayor or member of the Issuer's governing body authorized to exercise the powers and duties of the Mayor in the Mayor's absence, the City Clerk and any Deputy City Clerk are hereby authorized and directed to make any alterations, changes or additions in the instruments herein approved, authorized and confirmed which may be necessary to correct errors or omissions therein or to conform the same to the other provisions of said instruments or to the provisions of this Ordinance.

Section 12. Further Authority. The officials, officers, agents and employees of the Issuer are authorized and directed to take whatever action and execute whatever other documents or certificates as may be necessary or desirable to carry out the provisions of this Ordinance and to carry out and perform the duties of the Issuer with respect to the Series III, 2020 Bonds and the Bond Documents.

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Section 13. Effective Date. This Ordinance shall take effect after its final passage by the governing body of the Issuer, signature by the Mayor and publication once in the Issuer's official newspaper.

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600809.20541\ORDINANCE V2

(Signature Page to Bond Ordinance)

PASSED by the governing body of the Issuer on June 23, 2020 and SIGNED by the Mayor.

(SEAL)Mayor

ATTEST:

City Clerk

APPROVED AS TO FORM:

Jennifer Magaña, Director of Law and City Attorney

[BALANCE OF THIS PAGE INTENTIONALLY LEFT BLANK]

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600809.20541\ORDINANCE V2

(Clerk’s Certificate)

CERTIFICATE

I hereby certify that the attached copy is a true and correct copy of Ordinance No. 51-299 of the City of Wichita, Kansas duly passed by the governing body, signed by the Mayor and published in the official City newspaper on the respective dates stated in this ordinance, and that the signed original of such Ordinance is on file in my office.

[SEAL]__________________________________________

City Clerk

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600809.20541\ORDINANCE V2

EXCERPT OF MINUTES OF A MEETINGOF THE GOVERNING BODY OF

THE CITY OF WICHITA, KANSASHELD ON JUNE 16, 2020

The governing body of the City of Wichita, Kansas met in regular session at the usual meeting place in the City, at 9:00 a.m., the following members being present and participating, to-wit:

Absent:

The Mayor declared that a quorum was present and called the meeting to order.

* * * * * * * * * * * * * *

(Other Proceedings)

Among other business, in accordance with notice published on June 8, 2020, in The Wichita Eagle, a public hearing was held by the governing body relating to the proposed issuance of not to exceed $3,320,000principal amount of Health Care Facilities Refunding Revenue Bonds, Series III, 2020 (American Baptist Estates, Inc.). All interested persons were afforded an opportunity to present their views on the issuance of the Bonds and the location and nature of the Project to be financed with the proceeds of the Bonds. Thereupon, the public hearing was closed.

Thereupon, there was presented for first reading an Ordinance entitled:

AN ORDINANCE AUTHORIZING THE CITY OF WICHITA, KANSAS TO ISSUE ITS HEALTH CARE FACILITIES REFUNDING REVENUE BONDS, SERIES III, 2020(AMERICAN BAPTIST ESTATES, INC.) FOR THE PURPOSE OF REFUNDING CERTAIN OUTSTANDING REVENUE BONDS AND PAYING THE COSTS OF REFUNDING CERTAIN OUTSTANDING BONDS OF AN EXISTING RETIREMENT FACILITY; AND AUTHORIZING CERTAIN OTHER DOCUMENTS AND ACTIONS IN CONNECTION THEREWITH.

Thereupon, Councilmember ________________ moved that said Ordinance be passed. The motion was seconded by Councilmember ________________. Said Ordinance was duly read and considered, and upon being put, the motion for the approval upon first reading of said Ordinance was carried by the vote of the governing body, the vote being as follows:

Aye:

Nay:

* * * * * * * * * * * * * *

(Other Proceedings)

* * * * * * * * * * * * * *

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600809.20541\ORDINANCE V2

(Clerk’s Certificate)

CERTIFICATE

I certify that the foregoing Excerpt of Minutes is a true and correct excerpt of the proceedings of the governing body of the City of Wichita, Kansas held on the date stated therein, and that the official minutes of such proceedings are on file in my office.

[SEAL]____________________________________

City Clerk

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600809.20541\ORDINANCE V2

EXCERPT OF MINUTES OF A MEETINGOF THE GOVERNING BODY OF

THE CITY OF WICHITA, KANSASHELD ON JUNE 23, 2020

The governing body of the City of Wichita, Kansas met in regular session at the usual meeting place in the City, at 9:00 a.m., the following members being present and participating, to-wit:

Absent:

The Mayor declared that a quorum was present and called the meeting to order.

* * * * * * * * * * * * * *

(Other Proceedings)

Thereupon, there was presented for final passage an Ordinance entitled:

AN ORDINANCE AUTHORIZING THE CITY OF WICHITA, KANSAS TO ISSUE ITS HEALTH CARE FACILITIES REFUNDING REVENUE BONDS, SERIES III, 2020(AMERICAN BAPTIST ESTATES, INC.) FOR THE PURPOSE OF REFUNDING CERTAIN OUTSTANDING REVENUE BONDS AND PAYING THE COSTS OF REFUNDING CERTAIN OUTSTANDING BONDS OF AN EXISTING RETIREMENT FACILITY; AND AUTHORIZING CERTAIN OTHER DOCUMENTS AND ACTIONS IN CONNECTION THEREWITH.

Thereupon, Councilmember ________________ moved that said Ordinance be passed. The motion was seconded by Councilmember ________________. Said Ordinance was duly read and considered, and upon being put, the motion for the final passage of said Ordinance was carried by the vote of the governing body, the vote being as follows:

Aye:

Nay:

Thereupon, the Mayor declared said Ordinance duly passed and the Ordinance was then duly numbered Ordinance No. 51-299 and was signed by the Mayor and the signature attested by the City Clerk.

* * * * * * * * * * * * * *

(Other Proceedings)

* * * * * * * * * * * * * *

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600809.20541\ORDINANCE V2

(Clerk’s Certificate)

CERTIFICATE

I certify that the foregoing Excerpt of Minutes is a true and correct excerpt of the proceedings of the governing body of the City of Wichita, Kansas held on the date stated therein, and that the official minutes of such proceedings are on file in my office.

[SEAL]____________________________________

City Clerk

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Agenda Item No. V-3

City of WichitaCity Council Meeting

June 16, 2020

TO: Mayor and City Council

SUBJECT: 2020 Arterial Sidewalk Program (All Districts)

INITIATED BY: Department of Public Works & Utilities

AGENDA: New Business

Recommendations: Approve the project and adopt the resolution.

Background: The 2019- 2028 Adopted Capital Improvement Program (CIP) includes an ongoing project to install sidewalks and wheelchair ramps on arterial streets.

Analysis: The Department of Public Works & Utilities continually receives requests for new sidewalksthroughout the City. Staff reviews each request to ensure right-of-way is sufficient to construct sidewalksin the requested location. Recent requests received from citizens via the Social Media Town Hall meetings, Unified School District 259, and the Wichita Bicycle and Pedestrian Advisory Board (WBPAB) that are not already included within an arterial CIP project are listed below:

Arkansas, 41st to 46th Street North37th, Ridge to Ridgeport StreetMcCormick and Osage (southwest corner)

Additional locations will be added as funding allows. Consultant design services may be needed at a few locations to address right-of-way acquisition, retaining walls, and pedestrian bridges.

Financial Considerations: The 2019-2028 CIP includes General Obligation bond funding of $450,000 in 2020 for design and construction of wheelchair ramps and arterial sidewalks. At this time, staff requests initiating $450,000.

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

Recommendations/Actions: It is recommended that the City Council approve the project and locations, adopt the resolution, and authorize the necessary signatures.

Attachment: Resolution.

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RESOLUTION NO. 20-166

A RESOLUTION AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS OF THE CITY OF WICHITA, KANSAS TO PAY THE COSTS OF CERTAIN PUBLIC IMPROVEMENTS IN THE CITY.

WHEREAS, the City of Wichita, Kansas (the “City”) is a municipal corporation, duly created, organized and existing under the Constitution and laws of the State; and

WHEREAS, the Governing Body is authorized, pursuant to K.S.A. 13-1024c, as amended by Charter Ordinance No. 156 of the City (the “Act”) to issue general obligation bonds of the City without an election for the purpose of paying for the construction, purchase or improvement of any public improvement, including the land necessary therefore, and for the purpose of rebuilding, adding to or extending the same as the necessities of the City may require and for the purpose of paying for certain personal property therefore; and

WHEREAS, the Governing Body hereby finds and determines that it is necessary and advisable to make certain public improvements described as follows:

2020 Arterial Sidewalk Program (472-2020-085614)

(the “Project”) and to provide for the payment of all or a portion of the costs thereof by the issuance of general obligation bonds of the City pursuant to the Act.

BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF WICHITA, KANSAS, AS FOLLOWS:

Section 1. Project Authorization. It is hereby authorized, ordered and directed that the Project be acquired and/or constructed at an estimated cost of $450,000 in accordance with plans and specifications therefor prepared under the direction of the City Engineer and approved by the Governing Body; said plans and specifications to be placed on file in the office of the City Engineer.

Section 2. Project Financing. All or a portion of the costs of the Project, interest on financing and administrative and financing costs shall be financed with the proceeds of general obligation bonds of the City (the “Bonds”). The Bonds may be issued to reimburse expenditures made on or after the date which is 60 days before the date of adoption of this Resolution, pursuant to Treasury Regulation §1.150-2.

Section 3. Effective Date. This Resolution shall be in full force and effect from and after its adoption by the Governing Body.

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ADOPTED by the City Council of the City of Wichita, Kansas, on June 16, 2020.

(SEAL)Brandon J. Whipple, Mayor

ATTEST:

Karen Sublett, City Clerk

APPROVED AS TO FORM:

Jennifer Magaña, City Attorney and Director of Law

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Agenda Item No. V-4

City of WichitaCity Council Meeting

June 16, 2020

TO: Mayor and City Council

SUBJECT: Lease of Space at 4195 East Harry for Relocation of the Linwood Branch Library(District III)

INITIATED BY: Library

AGENDA: New Business

Recommendation: Approve the lease agreement.

Background: Since 1981, the Library Department has utilized 3,752 square feet in the City-ownedLinwood Recreation Center as the Linwood neighborhood branch. The space is not optimally located to serve the public as it is undersized and lacks visibility.

Analysis: Focused on Community: A Master Plan for the City of Wichita’s Branch Library System, 2019-2023, endorsed by the City Council on June 11, 2019, recommends that the Linwood branch be relocated in 2020 to an area more centrally located in Southeast Wichita. A space that fulfills the branch plan criteria for this relocated library has been located at 4195 East Harry in a stand-alone building at the northeast corner of the WSU-Tech South campus complex. The space is significantly larger than the current location, with 6,904 square feet, and has excellent visibility from Harry. As a condition of the lease, the landlord has agreed to upgrade the restrooms, electrical system, walls, ceilings, lighting, windows, doors, flooring and heating, ventilation, and cooling (HVAC). The library will lease the completed space for $49,058.84 per year ($7.10 per square-foot) for 10 years with annual options to renew thereafter. The landlord will be responsible for all repairs to the main building structures and systems. The library will pay for utilities, cleaning and minor repairs.

Financial Considerations: The 2019-2028 Adopted Capital Improvement Program (CIP) includes $1,000,000 in General Obligation funding for the southeast branch relocation. The lease arrangement will result in a significantly lower need for CIP funding (primarily for equipment), which will lower future Debt Service Fund annual payments. The lease will result in an approximately $60,000 per year in Library expenditures (rent and utilities) and $8,200 per year in the Public Works & Utilities expenditures. Staff will include adjustments in the 2021 budget, utilizing the Debt Service Fund savings to offset any increased General Fund operating expenditures.

Legal Considerations: The Law Department has approved the lease agreement as to form.

Recommendation/Action: It is recommended that the City Council approve the lease agreement and authorize all necessary signatures.

Attachments: Aerial Map, Lease Agreement.

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Library Site

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Feet400.00 200.00

This information is not an official record, and cannot be used as such. The user should rely only upon official records available from the custodian of records in the appropriate City and/or County department. Some data provided here and used for the preparation of these maps has been obtained from public records not created or maintained by the City of Wichita.

Map Created On: 5/27/20 1:13 PM

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Agenda Item No. V-5

City of WichitaCity Council Meeting

June 16, 2020

TO: Mayor and City Council

SUBJECT: Acquisition of 2120 North Hoover Road for the Northwest Wichita Water Facility (District VI)

INITIATED BY: Office of Property Management

AGENDA: New Business

Recommendation: Approve the acquisition.

Background: On March 17, 2020, the City Council approved the acquisition of 2120 North Hoover for the development of the Northwest Wichita Water Facility (NWWF). The property located at 2120 North Hoover has been identified as being needed to efficiently develop the NWWF. The site contains 5.3-acres and is developed with a 425-unit self-storage facility. The site is immediately west of the 70.6-acre NWWF site.

Analysis: The owner rejected the approved offer of $5,400,000. The owner has agreed to accept $6,200,000 for the site. This amount is based on capitalizing the actual income from the property at a rate that the owner felt more closely approximates market rates. The owner has agreed to work with the City’s relocation consultant to relocate the tenants of the facility in an optimum manner. The owner will also manage the property and bear all costs of operation until the site is vacated which is estimated to occur on or before October 31, 2020. Upon acquisition, the site will be cleared and prepared for development as part of the NWWF.

Financial Considerations: The funding source for the acquisition will be a mixture of utility funds and Federal and State loans. A budget of $6,550,000 is requested. This includes $6,200,000 for the acquisition, $340,000 for relocation and $10,000 for title work, closing costs, administrative fees and other miscellaneous costs.

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

Recommendation/Action: It is recommended that the City Council approve the real estate purchase agreement and authorize all necessary signatures.

Attachments: Real estate purchase agreement and aerial.

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Agenda Item No. V-6

City of WichitaCity Council Meeting

June 16, 2020

TO: Mayor and City Council

SUBJECT: 2019/2020 CDBG Domestic Violence Shelter Services Contract Amendments

INITIATED BY: Housing and Community Services Department

AGENDA: New Business

Recommendation: Authorize the CDBG CARES Act funding allocations in the total amount of $75,000, approve the contract amendments, and authorize the necessary signatures.

Background: The City of Wichita is recognized as an entitlement city by the U.S. Department of Housing and Urban Development, and receives Federal funding for community development activities. Specific entitlement funding sources include the Community Development Block Grant (CDBG)program, the HOME Investment Partnerships program, and the Emergency Solutions Grant (ESG) program.

The CDBG program provides funding to local governments to develop viable urban communities by providing decent housing and a suitable living environment and by expanding economic opportunities for low-moderate income persons.

On June 11, 2019, the City Council designated $250,000 from anticipated 2019-2020 CDBG funds for Domestic Violence Shelter Services, in support of three organizations: Wichita Family Crisis Center ($130,000), Catholic Charities Harbor House ($97,000), and Stepstone, Inc. ($23,000).

Analysis: In addition to the City’s 2019-2020 annual funding allocation of $2,806,594, the City will receive $ 1,725,897 in additional CDBG funding authorized by the Coronavirus Aid, Relief and Economic Security Act (CARES Act). CDBG funding authorized by the CARES Act must be used to prevent, prepare for, and respond to the coronavirus (COVID-19) public health emergency. As a result of COVID-19, there has been an increase in incidents of domestic violence, not only in Wichita, but across the nation.

The Housing and Community Services Department reached out to currently funded domestic violence shelter providers to evaluate additional needs. Due to COVID-19, shelters are experiencing an increased demand for services for victims and families, resulting in additional payroll and operations expenses. Additionally, there is a widespread need for various technological improvements for the provision of supportive services to support social distancing efforts. Donations to shelters have drastically decreased, and shelters need additional funding for materials such as food and sanitary items. Finally, shelters needpersonal protective equipment (PPE) and cleaning supplies to promote safe and sanitary conditions during this time.

Housing and Community Services staff reviewed the needs and recommends allocating an additional 30% to each organization’s 2019/2020 funding allocation in response to COVID-19:

Wichita Family Crisis Center: $39,000

Stepstone, Inc.: $6,900

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Catholic Charities, Harbor House: $29,100

Organizations are still required to expend regular 2019/2020 CDBG allocations by June 30, 2020, but have until September 30, 2020 to expend the additional allocation in response to COVID-19. It is anticipated that additional funding for COVID-19 response, preparedness, and prevention will be recommended for the 2020/2021 program year, as well.

Financial Considerations: There is no impact to the General Fund, as a result of this action. CDBGfunding the City will receive through the CARES Act, will be utilized to cover the additional allocation.

Legal Considerations: The Law Department reviewed and approved the contract amendments as to form.

Recommendations/Actions: It is recommended that the City Council authorize the CDBG CARES Act funding allocations in the total amount of $75,000, approve the contract amendments, and authorize the necessary signatures.

Attachments: Contract Amendments

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FIRST AMENDMENT TO FUNDING AGREEMENTbetween

THE CITY OF WICHITAHOUSING AND COMMUNITY SERVICES DEPARTMENT

and

CATHOLIC CHARITIES, INC. – DIOCESE OF WICHITAHARBOR HOUSE

For

Domestic Violence Shelters

City of Wichita Housing and Community Services Department455 N Main StreetWichita, Kansas 67202Phone (316) 462-3725Fax (316) 337-9103

Date agreement fully executed: ___________________

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This contract amendment is entered into June 16, 2020 and dated to be effective June 16, 2020, between the City of Wichita (hereinafter referred to as “the City”) and Catholic Charities, Inc. – Diocese of Wichita, Harbor House (hereinafter referred to as the Subrecipient).

WITNESSETH THAT:

WHEREAS, the above named entities were parties to a Sub-Recipient Agreement dated June 11, 2019, and dated to be effective July 1, 2019, and executed by the Mayor of the City of Wichita, September 19, 2019 in the amount of $97,000, in which the Subrecipient agreed to operate a domestic violence shelter activity owned by the Subrecipient and located within the corporate limits of the City; and

WHEREAS, additional public services needs have arisen as a result of the COVID-19 public health emergency;

WHEREAS, the cooperation of the City and the Subrecipient is essential for continued domestic violence shelter services for the vulnerable population as a result of the COVID-19 public health emergency;

NOW, THEREFORE, the above named parties, in order to fulfill the original intent of the Sub-Recipient agreement dated to be effective July 1, 2019 and executed September 19, 2019, hereby agree, covenant, and contract with each other that, effective June 16, 2020, the terms of the agreement are hereby reaffirmed and re-executed for and on behalf of these parties except for the amendments, modifications, and changes herein, including changes to the original Part A, Part B, and Part C, hereto.

(The remainder of this page intentionally left blank.)

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PART AAGREEMENT

WHEREAS, the City of Wichita has entered into a funding Agreement with the United States of America for the Department of Housing and Urban Development (hereinafter referred to as HUD) for the execution of projects and activities under Title I of the Housing and Community Development Act of 1974 (Pub. L. 93-383, 42 USC 5301 et. seq.) under the Community Development Block Grant (CDBG) Program hereinafter referred to as CDBG; and

WHEREAS, the City has entered into a contract with the United States of America for the implementation of a program of local assistance for the City of Wichita pursuant to HUD for implementation of a CDBG program; and

WHEREAS, the department of Housing and Community Services is authorized to act on behalf of the City in implementing this grant Agreement; and

WHEREAS, the cooperation of the City and the Subrecipient is essential for the successful implementation of a public service project under the CDBG program; and

WHEREAS, on June 11, 2019 the Wichita City Council designated $250,000 from anticipated 2019-2020 CDBG funds for Domestic Violence Shelter Services; and

WHEREAS, Catholic Charities, Inc. – Diocese of Wichita submitted a proposal and was selected to operate a temporary shelter for victims of domestic violence; and

WHEREAS, on June 11, 2019, the Wichita City Council obligated federal funds in the amount of $97,000 for the execution of the CDBG-eligible, approved activity, Harbor House; and on June 16, 2020, the Wichita City Council Obligated additional funds in the amount of $29,100 to the Subreciepient in CDBG funding for domestic violence shelter services and authorized the necessary signatures;

NOW, THEREFORE, the parties hereto do mutually agree that this Agreement is entered into predicated upon the following terms and/or conditions, all and every one of which the parties hereto agree to observe and perform:

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2. COMMENCEMENT AND COMPLETION

1. Time of Performance: The services of the Subrecipient are to commence as soon as practicable on or after the date of this contract, and shall be undertaken and completed in such sequence as to assure their expeditious completion in light of the purposes of this contract through a period ending September 30, 2020. All expenditures associated with implementation of this activity must be submitted for reimbursement by October 15, 2020.

2. Close-out Period: The Subrecipient has 30 days following the performance of this activity during which to conduct and complete close-out requirements associated with this Agreement. Final accomplishment and outcome reports are due to the City by October 31, 2020.

3. Contract Completion Date: Unless an extension has been approved by the City in advance, OR unless this Agreement is terminated earlier in accordance with other provisions herein, this agreement will end on October 31, 2020.

3. COMPENSATION AND USE OF FUNDSRegulation for Use of Funds: The use of funds received pursuant to this Agreement shall be in accordance with the requirements of the Housing and Community Development Act of 1974 (as amended), 24 CFR Parts 570, other regulations governing the use of contract funds, and any amendments or policy revisions thereto which shall become effective during the term of this Agreement. It is the Subrecipient’s responsibility to read, understand, and comply with these regulations.

1. Uniform Grant Administrative Requirements and Cost Principles: During the administration of this contract, the Subrecipient shall comply with, and adhere to: a. 2 CFR Chapter II Part 215; andb. 2 CFR Chapter II Part 230

2. Total Payments: Total Payments: Total amount of funds provided by the City to the Subrecipient under this Agreement shall consist of $97,000 from 2019/2020 CDBG regular allocation, plus $29,100 in additional funding made available through the CARES Act, which must be drawn on a monthly basis. At the sole discretion of the City, any funds remaining unexpended as of the termination date of this agreement may be de-obligated from this Agreement and made available for other eligible projects, as determined appropriate by the City.

3. Reimbursement Requests: This is a cost-reimbursement Agreement. Disbursement of funds under this Agreement may be requested only for necessary, reasonable, and allowable costs described in PART B, and for which the Subrecipient has made payment during the period of performance set forth in item Section 2.1 above. The City agrees to reimburse the Subrecipient for such costs, and payment shall be made upon receipt of a request for reimbursement form as provided by the City, accompanied by a monthly progress report from the Subrecipient specifying the services performed and expenses incurred. All requests for reimbursement must be accompanied by an invoice which identifies the address to which payment should be remitted, documentation of payment for eligible expenses (i.e., invoices, receipts, bills from vendors, copies of checks, time sheets, etc.), and other supporting documentation. Supporting documentation must be accompanied by an agency payment voucher providing this information and a copy of the signed check with which the payment was made. Requests for reimbursement must be received by the 15th day of the month following the month during which the expenditure was paid.

4. Double Reimbursement: The Subrecipient must not claim reimbursement from the City under this Agreement for any portion of its obligations that has been paid by another source of revenue.

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5. Restriction on Disbursements: CDBG funds shall not be disbursed to a Subrecipient or contractor except pursuant to a written contract, which incorporates by reference the general conditions of this Agreement. Disbursements may be suspended or terminated under this Agreement upon refusal to accept any additional conditions that may be imposed by the City at any time or if the entitlement funds to the City of Wichita under the Federal Act(s) are suspended or terminated.

6. Withholding Payments: All payments to the Subrecipient are subject to the Subrecipient’s compliance with this Agreement. Any breach of the Agreement is grounds for non-payment until such corrective measures are made which will resolve Agreement non-compliance.

7. Closeout Reimbursement: Closeout billings must be submitted by October 31, 2020. If not submitted, the unexpended funds shall revert to the City of Wichita.

8. Program Income: The Subrecipient agrees to abide by the Program Income Requirements set forth in 24 CFR 570.504(c). Program Income is defined as gross income received by a unit of local government (City) or a Subrecipient of a unit of general local government (City) that was generated from the use of CDBG funds.

The Subrecipient agrees to remit all Program Income to the City within 15 days of its receipt, unless a request is made to the City within that same 15 day period that the Subrecipient would like to spend those funds on other CDBG-eligible costs. The City and/or HUD must approve such requests in writing prior to Subrecipient expenditure of Program Income. Should these requests be approved, verification of the expenditure of Program Income must be provided to the City no later than the contract completion date described in Section 2.1 of this Agreement. If Subrecipient, after City approval, chooses not to remit Program Income to the City, the Subrecipient must spend all Program Income on eligible CDBG activities prior to requesting additional reimbursements from the City.

Program Income that is received by the Subrecipient before closeout of the grant that generated the income is treated as additional CDBG funds and is subject to all federal regulations and policies governing the program. Under limited circumstances, the City may approve the use of CDBG Program Income for the purpose of capitalizing a revolving loan fund for specific identified activities. Payments to a revolving loan fund are Program Income and must substantially be disbursed from the revolving loan fund before additional grant funds are drawn from the City for revolving loan fund activities.

Regardless of whether Program Income is remitted to the City or spent on other CDBG-eligible costs, documentation of the receipt of Program Income, such as supporting schedules identifying the project and the source of income, must be submitted to the City within 15 days of its receipt. When Program Income is generated by an activity that is only partially assisted with CDBG funds, the Program Income shall be prorated to reflect the percentage of said funds used. Donations to the program covered by this agreement are not considered program income.

At the end of the term of this Agreement, as described in Section 2.1, the City may require remittance of all or part of any Program Income balances (including investments thereof) held by the Subrecipient (except those needed for immediate cash needs, cash balances of a revolving loan fund, cash balances from a lump sum draw down, or cash or investments held for Section 108 security needs).

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9. PROGRAM EVALUATION

1. Performance Measures: During the Grant Agreement Period, the Subrecipient agrees to work diligently towards the objectives and projected accomplishments outlined in PART B, and to assist the City in demonstrating appropriate program benefits for the project activities implemented by Subrecipient. If it is determined that any of these objectives will not be completed within the identified timeframe, a request for an extension must be submitted to the City for consideration. However in no instance may accomplishment data reflect activity occurring after September 30, 2020. Such a request must identify the reasons for the extension and must be accompanied by a proposed project timeline that can reasonably be accomplished. Failure to meet the objectives in PART B will represent grounds for imposition of sanctions as found in Section 11.2. Incidents of nonperformance will suspend grant operations until corrective measures are implemented. If the grant is conditioned, access to grant funds will be suspended pending a satisfactory cure to the related incident of nonperformance.

2. Reporting: The Subrecipient is required to submit monthly performance reports as specified in PART

B no later than the 15th calendar day following the start of the new month (unless otherwise specified), as well as other information and data required by the City to respond to current HUD regulations and for the preparation of the Consolidated Annual Performance and Evaluation Report (CAPER) and/or the Integrated Disbursement Information System (IDIS) project set-up and completion activities. Accomplishment and financial reports must be received before the City can honor requests for funds. As stated in Section 11.2, sanctions will be imposed upon the Subrecipient for failure to satisfy report due dates.a. The City’s Accomplishment Report form provided as PART D;b. A description of all project activities that have taken place during the reporting period, including

all outreach activities and public participation events; c. Photographs and newspaper/media clippings of progress to date, if applicable; d. A description of any anticipated problems or obstacles, and a plan for how those future obstacles

will be addressed; e. A description of how objectives specified for achievement by that date have been met, OR a

description of obstacles that have prevented those objectives from being met, how those obstacles are being addressed, and a new anticipated date of completion for those objectives;

f. A description and dollar amount of funds spent to date, and how much of those funds have already been reimbursed;

g. A description of the number and qualifying low to moderate income characteristics of persons or households assisted to date;

h. Other supportive information or documentation, as applicable; and i. Any other reports or documentation as requested by the City or HUD.

3. Client Data: The Subrecipient agrees to maintain client data demonstrating client eligibility for services provided. Such data shall include, but not be limited to, client name, address, ethnicity, race, gender, age, head of household, income level, disability, homeless status, or other basis for determining eligibility, and a description of the service provided.

4. Accomplishment Reports: The Subrecipient agrees to submit project activity and progress reports to the City on a monthly basis and other reports as may be required or requested by the City or HUD. Accomplishment Reports will include, as applicable, at a minimum: a. A description of the number and qualifying low to moderate income characteristics of persons or

households assisted with CDBG funds to date;

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b. Other supportive information or documentation, as applicable; and c. Any other reports or documentation as requested by the City or HUDd. And requirements listed in section 9.2 above

5. Final Accomplishment Reports: Final, year-end performance reports will also serve as the final project report, and will include, in addition to the requirements listed in items 9.2 and 9.4 above, a thorough assessment of the project, including successes and weaknesses; a comparison of projected accomplishments and objectives to actual accomplishments and goals achieved, including reasons for any discrepancies between the two; notation of any funds that were not expended and reasons why; total number and qualifying low to moderate income characteristics of persons or households assisted with funds or other resources leveraged by using other funds, including any donations that would not have been received without assistance; and identification of future related projects that may be eligible for assistance. This final report will be due October 31, 2020 or the date of final request for reimbursement, whichever is sooner.

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15. APPENDICES

All attachments referenced in this Agreement, all amendments mutually agreed upon, and modifications made by both parties are hereby incorporated as though fully set forth herein.

Attachment A – Revised Non-Discrimination and Equal Employment Opportunity Statement for Contracts or Agreements

Part A – AgreementPart B – Performance Criteria/ObjectivesPart C – Budget Detail

[Rest of page intentionally blank]

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16. AUTHORIZATION TO ENTER INTO CONTRACT

The undersigned person signing as an officer on behalf of the Subrecipient, a party to this Agreement, hereby severally warrants and represents that said person has authority to enter into this Agreement on behalf of said Subrecipient and to bind the Subrecipient to this Agreement, and further that said Subrecipient has authority to enter into this Agreement and that there are no restrictions or prohibitions contained in any article of incorporation or bylaw against entering into this Agreement.

SUBRECIPIENT

Wendy Glick, Executive DirectorCatholic Charities, Inc. – Diocese of Wichita

date

CITY OF WICHITA

Brandon J. Whipple, Mayor date

ATTEST:

Karen Sublett, City Clerk date

APPROVED AS TO FORM:

Jennifer Magana, City Attorney and Director of Law

date

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REVISED NON-DISCRIMINATION ANDEQUAL EMPLOYMENT OPPORTUNITY/AFFIRMATIVE ACTION PROGRAM

REQUIREMENTS STATEMENT FOR CONTRACTS OR AGREEMENTS

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

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

B. Requirements of the State of Kansas:1. The contractor shall observe the provisions of the Kansas Act against Discrimination (Kansas

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

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

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

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

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

C. Requirements of the City of Wichita, Kansas, relating to Non-Discrimination -- Equal Employment Opportunity/Affirmative Action Program Requirements:1. The vendor, supplier, contractor or subcontractor shall practice Non-Discrimination -- Equal

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

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

Attachment A

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ancestry. In all solicitations or advertisements for employees the vendor, supplier, contractor or subcontractor shall include the phrase, "Equal Opportunity Employer", or a similar phrase;

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

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

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

D. Exempted from these requirements are: 1. Those contractors, subcontractors, vendors or suppliers who have less than four (4) employees, whose

contracts, purchase orders or agreements cumulatively total less than five thousand dollars ($5,000) during the fiscal year of said City are exempt from any further Equal Employment Opportunity or Affirmative Action Program submittal.

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

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Part BPERFORMANCE CRITERIA AND OBJECTIVES

SUBRECIPIENT: CATHOLIC CHARITIES INC. – DIOCESE OF WICHITA DUNS #: 119770428GRANT#: B-19-MC-200004 CFDA#: 14.218CFDA NAME:COMMUNITY DEVELOPMENT BLOCK GRANTS/ENTITLEMENT GRANTS

SUBRECIPIENT INFORMATION

ACTIVITY NAME: Catholic Charities Inc. – Diocese of Wichita

EXECUTIVE DIRECTOR: Wendy Glick

CONTACT PERSON(S): Keri McGregorADDRESS (NOT PO BOX): 437 N. Topeka Street, Wichita, KSZIP + 4: 67202-2413PHONE: (316) 264-8344 ext. 3103

EMAIL: kmcgregor@catholiccharitieswichita.org

PERFORMANCE PERIOD:

CONTRACT PERIOD:

July 1, 2019 through June 30, 2020

July 1, 2019 through August 31, 2020

FUNDING SOURCE(S): CDBG

HUD OUTCOME PERFORMANCE MEASUREMENTS

NATIONAL OBJECTIVE(S): Low/Mod Benefit Slum/Blight Urgent Need

OBJECTIVE CATEGORY:Sustainable Living Environment Decent Housing Creating Economic Opportunities

OUTCOME CATEGORY:Availability/Accessibility Affordability Sustainability

PROJECT ELIGIBILITY: According to 24 CFR Part 570.208(2)(a) this project qualifies, meeting the CDBG National Objective for limited clientele. This public service activity is limited to homeless victims of domestic violence, who are presumed by HUD to be primarily low and moderate income persons.

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PERFORMANCE CRITERIA AND OBJECTIVES FOR ADDITIONAL FUNDING

SUBRECIPIENT: CATHOLIC CHARITIES INC. – DIOCESE OF WICHITA DUNS #: 119770428CFDA NAME:COMMUNITY DEVELOPMENT BLOCK GRANTS/ENTITLEMENT GRANTS

SUBRECIPIENT INFORMATION

ACTIVITY NAME: Catholic Charities Inc. – Diocese of Wichita

EXECUTIVE DIRECTOR: Wendy Glick

CONTACT PERSON(S): Keri McGregorADDRESS (NOT PO BOX): 437 N. Topeka Street, Wichita, KSZIP + 4: 67202-2413PHONE: (316) 264-8344 ext. 3103

EMAIL: kmcgregor@catholiccharitieswichita.org

PERFORMANCE PERIOD FOR

ADDITIONAL FUNDS:

CONTRACT PERIOD FOR

ADDITIONAL FUNDS:

June 16, 2020 through September 30, 2020

June 16, 2020 through October 15, 2020

FUNDING SOURCE(S): CDBG

HUD OUTCOME PERFORMANCE MEASUREMENTS

NATIONAL OBJECTIVE(S): Low/Mod Benefit Slum/Blight Urgent Need

OBJECTIVE CATEGORY:Sustainable Living Environment Decent Housing Creating Economic Opportunities

OUTCOME CATEGORY:Availability/Accessibility Affordability Sustainability

PROJECT ELIGIBILITY: According to 24 CFR Part 570.208(2)(a) this project qualifies, meeting the CDBG National Objective for limited clientele. This public service activity is limited to homeless victims of domestic violence, who are presumed by HUD to be primarily low and moderate income persons.

The Subrecipient agrees:1. It is the principal administrative and coordinating agency for this project, contracting and/or

subcontracting outside services, as may be necessary, subject to compliance with all applicable local, state and federal laws; and

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2. It is the responsible authority without recourse to the City regarding the settlement and satisfaction of all contractual and administrative issues arising out of the contract entered into; and

3. It will maintain, during the term of this agreement, a filing with the Secretary of the State of Kansas as a not for profit corporation, or shall be designated a 501 (c)(3) tax-exempt organization by the Internal Revenue Service. Evidence of such status will be provided to the City upon request.

Participant Eligibility: According to 24 CFR Part 570.208(2)(a) this project qualifies, meeting the CDBG National Objective for limited clientele. Pursuant to 24 CFR Part 570.506(3)(i), documentation establishing that the facility or service is designed for the particular needs of or used exclusively by battered spouses, for which the regulations provide a presumption concerning the extent to which low-and moderate-income persons benefit. This public service activity is limited to homeless victims of domestic violence, and therefore presumed by HUD to be primarily low and moderate income.

Project Description: Harbor House will provide 24/7 case management and advocacy support to adults and children fleeing domestic violence in a confidential shelter location with the goal of promoting recovery through family stabilization and safe return to the community.

Project Content: The Subrecipient shall complete the following objective(s) in a manner acceptable to the City, in accordance with the schedule, budget and conditions detailed herein. The City reserves the right to revise or otherwise alter established objective(s) and criteria during the grant period in an effort to allow for meaningful project measurement and evaluation which will directly impact future funding recommendations.

Goal: Project participants will achieve self-sufficiency and stability by securing living-wage employment, moving into affordable housing away from their abuser; enhancing parenting skills, utilizing other community resources and experiencing a violence-free lifestyle upon discharge from Harbor House.

Annual Outcome Measurements: 80% of survivors will have income adequate to meet their budgeted expenses or will be enrolled

in a school or job training program (64/80) 80% of survivors will move into safe, affordable housing by discharge (64/80) 95% of survivors will be self-sufficient in transportation needs (76/80) 95% of survivors will achieve a violence-free lifestyle by shelter discharge (76/80) 95% of parents with one or more children will be able to discipline children through non-violent

means (38/40)

Project Administration: The Subrecipient Program Director will supervise operations and administration on a day-to-day basis.

Procurement Methods: The Subrecipient shall use its own procurement practices which comply with applicable state and local laws, rules and regulations so long as those practices do not unduly limit bidding competition. Additionally, procurement made with federal grant funds shall adhere to the standards set forth in 2 CFR Chapter II Part 215, including:

1. Maintaining a code or standard of conduct governing the performance of the Subrecipient’s officers, employees or agents engaged in awarding and administering contracts supported with Federal funds.

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2. Advertising of procurement transactions as appropriate without regard to a dollar value in a manner allowing maximum free and open competition. No sole source procurement (obtaining only one bid) is permitted without prior approval for all purchases except small purchase procedures defined in 2 CFR Chapter II Part 215.

3. Invitations for bids shall be based on specifications developed by the Subrecipient. Said specifications shall be detailed to the extent necessary to solicit comparable bids without unduly limiting competitive bidding.

4. Bids will be awarded on the basis of the lowest and best bid, price and other factors considered.

5. The Subrecipient agrees to purchase services, goods and materials on an “as needed basis” and at the “lowest price obtainable”.

6. The Subrecipient will maintain procurement files outlining procurement efforts for each bid, including names and addresses of bidders solicited, information pertaining to advertising, and solicitation of Small and Emerging Business Enterprise participation. Information will be maintained of bid tabulations, justification of bid award, letters of notification to bidders regarding bid award, and any other pertinent information.

Funding: It is mutually agreed by and between the City and the Subrecipient that the City will pass through to the Subrecipient no more than $97,000 in CDBG funds, and $29,100 in additional CDBG funds for reimbursement of eligible and necessary expenses, and the Subrecipient will provide temporary shelter for victims of domestic violence. Said funds will be used as set forth in the sections entitled Budget and Method of Payment. Any costs in excess of $118,900 are the responsibility of theSubrecipient.

Budget: The City shall pay the Subrecipient as hereinafter set out; the maximum of $118,900 for the activity described in this Agreement. Funding under this Agreement shall be originally budgeted asdetailed in PART C. Adjustments to budget line items and categories may be made with agreement by both parties to this Agreement.

Indirect Cost Rate: If the Subrecipient chooses to charge Indirect under this grant, the Subrecipient shall provide their indirect cost rate that has been negotiated between their entity and the Federal Government. If the subrecipient has never received a negotiated indirect cost rate a de minimis indirect cost rate of 10% of modified total direct costs (MTDC) may be used.

“Modified Total Direct Costs (MTDC) shall mean all direct salaries and wages, applicable fringe benefits, materials and supplies, services, travel, and up to the first $25,000 of each subaward (regardless of the period of performance of the subawards under the award). MTDC excludes equipment, capital expenditures, and rental costs.

The indirect cost rate charged under this agreement is: N/A. In accord with 24 CFR 570.200(g), no more than 20% of the sum of any award shall be expended for planning and administrative costs.

Method of Payment: The Subrecipient agrees that payments under this contract shall be made according to established budgeting, purchasing and accounting procedures of the City of Wichita and CDBG program.

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1. The City and the Subrecipient also agree that the categories of expenditures and amounts are estimates and may vary during the course of the contract. Changes greater than $25,000, other than those within the scope of this agreement must be approved by the City Council.

2. The Subrecipient will ensure all costs are eligible according to the approved budget. The original documentation supporting any expenditure made under this Agreement will be retained in the Subrecipient’s files for five (5) years after the final audit of expenditures made under this contract.

Accomplishment Reports, Financial and Client Files: The Subrecipient shall establish and maintain accounting and project records specifically for the federal funds awarded. Original documentation supporting all reimbursed expenditures and other project records will be retained by the Subrecipient for five (5) years after the final audit of expenditures made under this Agreement.

1. The Subrecipient must maintain records of persons served by race, ethnicity, and income. Such records are subject to review by the City to ensure the accuracy and validity of information reported in monthly progress reports.

2. Accomplishment reports must be submitted by the 15th of the following month on Part D, Accomplishment Report.

3. Requests for Reimbursement must be submitted on a request for reimbursement form as provided by the City, by the 15th of the month following the month the expenditure was paid.

4. Records must be maintained documenting receipts of CDBG program income and expenditures of the same. Goods and services received as program income in lieu of cash must require valuation as an in-kind item with appropriate records maintenance and reporting in the same manner as other program income. Any CDBG attributable income generated by this program shall be retained to offset project costs. Donations to the project covered by this agreement are not considered program income.

5. Additionally, a narrative or other description of progress may be required.

Project Evaluation: The City will evaluate this project based on the objective(s) stated in Part B. Failure by the Subrecipient to provide the level of service stated herein may result in a determination by the City to modify the level of payment to the Subrecipient on a pro rata basis with level of service. Subrecipient records are subject to review by the City to ensure the accuracy and validity of information reported in monthly progress reports.

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Part C

BUDGET FOR REGULAR FUNDS- $97,000:

Delegate Agencies – Payroll 1195 $97,000

TOTAL $97,000

BUDGET FOR SUPPLEMENTAL CARES FUNDS- $29,100:

1195 Delegate Agencies - Payroll $3,695

2195 Delegate Agencies – Utilities $4,250

3195 Delegate Agencies – Office Supplies $1,325

3595 Delegate Agencies – Materials $19,830

TOTAL $29,100

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FIRST AMENDMENT TO FUNDING AGREEMENTbetween

THE CITY OF WICHITAHOUSING AND COMMUNITY SERVICES DEPARTMENT

and

WICHITA FAMILY CRISIS CENTER

For

Domestic Violence Shelters

City of Wichita Housing and Community Services Department455 N Main StreetWichita, Kansas 67202Phone (316) 462-3725Fax (316) 337-9103

Date agreement fully executed: ___________________

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This contract amendment is entered into June 16, 2020 and dated to be effective June 16, 2020, between the City of Wichita (hereinafter referred to as “the City”) and Wichita Family Crisis Center (hereinafter referred to as the Subrecipient).

WITNESSETH THAT:

WHEREAS, the above named entities were parties to a Sub-Recipient Agreement dated June 11, 2019, and dated to be effective July 1, 2019, and executed by the Mayor of the City of Wichita, September 19, 2019 in the amount of $130,000, in which the Subrecipient agreed to operate a domestic violence shelter activity owned by the Subrecipient and located within the corporate limits of the City; and

WHEREAS, additional public services needs have arisen as a result of the COVID-19 public health emergency;

WHEREAS, the cooperation of the City and the Subrecipient is essential for continued domestic violence shelter services for the vulnerable population as a result of the COVID-19 public health emergency;

NOW, THEREFORE, the above named parties, in order to fulfill the original intent of the Sub-Recipient agreement dated to be effective July 1, 2019 and executed September 19, 2019, hereby agree, covenant, and contract with each other that, effective June 16, 2020, the terms of the agreement are hereby reaffirmed and re-executed for and on behalf of these parties except for the amendments, modifications, and changes herein, including changes to the original Part A, Part B, and Part C, hereto.

(The remainder of this page intentionally left blank.)

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PART AAGREEMENT

WHEREAS, the City of Wichita has entered into a funding Agreement with the United States of America for the Department of Housing and Urban Development (hereinafter referred to as HUD) forthe execution of projects and activities under Title I of the Housing and Community Development Act of 1974 (Pub. L. 93-383, 42 USC. 5301 et. seq.) under the Community Development Block Grant (CDBG) Program hereinafter referred to as CDBG; and

WHEREAS, the City has entered into a contract with the United States of America for the implementation of a program of local assistance for the City of Wichita pursuant to HUD for implementation of a CDBG program; and

WHEREAS, the department of Housing and Community Services is authorized to act on behalf of the City in implementing this grant Agreement; and

WHEREAS, the cooperation of the City and the Subrecipient is essential for the successful implementation of a public service project under the CDBG program; and

WHEREAS, on June 11, 2019, the Wichita City Council designated $250,000 from anticipated 2019-2020 CDBG funds for Domestic Violence Shelter Services; and

WHEREAS, the Wichita Family Crisis Center submitted a proposal and was selected to operate a temporary shelter for victims of domestic violence; and

WHEREAS, on June 11, 2019, the Wichita City Council obligated federal funds in the amount of $130,000 in CDBG funds for the execution of the approved activity by the Subrecipient; and on June 16, 2020, the Wichita City Council Obligated additional funds in the amount of $39,000 to the Subreciepient in CDBG funding for domestic violence shelter services and authorized the necessary signatures;

NOW, THEREFORE, the parties hereto do mutually agree that this Agreement is entered into predicated upon the following terms and/or conditions, all and every one of which the parties hereto agree to observe and perform:

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2. COMMENCEMENT AND COMPLETION

1. Time of Performance: The services of the Subrecipient are to commence as soon as practicable on or after the date of this contract, and shall be undertaken and completed in such sequence as to assure their expeditious completion in light of the purposes of this contract through a period ending September 30, 2020. All expenditures associated with implementation of this activity must be submitted for reimbursement by October 15, 2020.

2. Close-out Period: The Subrecipient has 30 days following the performance of this activity during which to conduct and complete close-out requirements associated with this Agreement. Final accomplishment and outcome reports are due to the City by October 31, 2020.

3. Contract Completion Date: Unless an extension has been approved by the City in advance, OR unless this Agreement is terminated earlier in accordance with other provisions herein, this agreement will end on October 31, 2020.

3. COMPENSATION AND USE OF FUNDSRegulation for Use of Funds: The use of funds received pursuant to this Agreement shall be inaccordance with the requirements of the Housing and Community Development Act of 1974 (as amended), 24 CFR Parts 570, other regulations governing the use of contract funds, and any amendments or policy revisions thereto which shall become effective during the term of this Agreement. It is the Subrecipient’s responsibility to read, understand, and comply with these regulations.

1. Uniform Grant Administrative Requirements and Cost Principles: During the administration of this contract, the Subrecipient shall comply with, and adhere to: a. 2 CFR Chapter II Part 215; andb. 2 CFR Chapter II Part 230

2. Total Payments: Total amount of funds provided by the City to the Subrecipient under this Agreement shall consist of $130,000 from 2019/2020 CDBG regular allocation, plus $39,000 in additional funding made available through the CARES Act, which must be drawn on a monthly basis. At the sole discretion of the City, any funds remaining unexpended as of the termination date of this agreement may be de-obligated from this Agreement and made available for other eligible projects, as determined appropriate by the City.

3. Reimbursement Requests: This is a cost-reimbursement Agreement. Disbursement of funds under this Agreement may be requested only for necessary, reasonable, and allowable costs described in PART B, and for which the Subrecipient has made payment during the period of performance set forth in item Section 2.1 above. The City agrees to reimburse the Subrecipient for such costs, and payment shall be made upon receipt of a request for reimbursement form as provided by the City, accompanied by a monthly progress report from the Subrecipient specifying the services performed and expenses incurred. All requests for reimbursement must be accompanied by an invoice which identifies the address to which payment should be remitted, documentation of payment for eligible expenses (i.e., invoices, receipts, bills from vendors, copies of checks, time sheets, etc.), and other supporting documentation. Supporting documentation must be accompanied by an agency payment voucher providing this information and a copy of the signed check with which the payment was made. Requests for Reimbursement must be received by the 15th day of the month following the month during which the expenditure was paid.

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4. Double Reimbursement: The Subrecipient must not claim reimbursement from the City under this Agreement for any portion of its obligations that has been paid by another source of revenue.

5. Restriction on Disbursements: CDBG funds shall not be disbursed to a Subrecipient or contractor except pursuant to a written contract, which incorporates by reference the general conditions of this Agreement. Disbursements may be suspended or terminated under this Agreement upon refusal to accept any additional conditions that may be imposed by the City at any time or if the entitlement funds to the City of Wichita under the Federal Act(s) are suspended or terminated.

6. Withholding Payments: All payments to the Subrecipient are subject to the Subrecipient’s compliance with this Agreement. Any breach of the Agreement is grounds for non-payment until such corrective measures are made which will resolve Agreement non-compliance.

7. Closeout Reimbursement: Closeout billings must be submitted by October 31, 2020. If not submitted, the unexpended funds shall revert to the City of Wichita.

8. Program Income: The Subrecipient agrees to abide by the Program Income Requirements set forth in 24 CFR 570.504(c). Program Income is defined as gross income received by a unit of local government (City) or a Subrecipient of a unit of general local government (City) that was generated from the use of CDBG funds.

The Subrecipient agrees to remit all Program Income to the City within 15 days of its receipt, unless a request is made to the City within that same 15 day period that the Subrecipient would like to spend those funds on other CDBG-eligible costs. The City and/or HUD must approve such requests in writing prior to Subrecipient expenditure of Program Income. Should these requests be approved, verification of the expenditure of Program Income must be provided to the City no later than the contract completion date described in Section 2.1 of this Agreement. If Subrecipient, after City approval, chooses not to remit Program Income to the City, the Subrecipient must spend all Program Income on eligible CDBG activities prior to requesting additional reimbursements from the City.

Program Income that is received by the Subrecipient before closeout of the grant that generated the income is treated as additional CDBG funds and is subject to all federal regulations and policies governing the program. Under limited circumstances, the City may approve the use of CDBG Program Income for the purpose of capitalizing a revolving loan fund for specific identified activities. Payments to a revolving loan fund are Program Income and must substantially be disbursed from the revolving loan fund before additional grant funds are drawn from the City for revolving loan fund activities.

Regardless of whether Program Income is remitted to the City or spent on other CDBG-eligible costs, documentation of the receipt of Program Income, such as supporting schedules identifying theproject and the source of income, must be submitted to the City within 15 days of its receipt. When Program Income is generated by an activity that is only partially assisted with CDBG funds, the Program Income shall be prorated to reflect the percentage of said funds used. Donations to the program covered by this agreement are not considered program income.

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At the end of the term of this Agreement, as described in Section 2.1, the City may require remittance of all or part of any Program Income balances (including investments thereof) held by the Subrecipient (except those needed for immediate cash needs, cash balances of a revolving loan fund, cash balances from a lump sum draw down, or cash or investments held for Section 108 security needs).

9. PROGRAM EVALUATION

1. Performance Measures: During the Grant Agreement Period, the Subrecipient agrees to work diligently towards the objectives and projected accomplishments outlined in PART B, and to assist the City in demonstrating appropriate program benefits for the project activities implemented by Subrecipient. If it is determined that any of these objectives will not be completed within the identified timeframe, a request for an extension must be submitted to the City for consideration. However in no instance may accomplishment data reflect activity occurring after September 30, 2020. Such a request must identify the reasons for the extension and must be accompanied by a proposed project timeline that can reasonably be accomplished. Failure to meet the objectives in PART B will represent grounds for imposition of sanctions as found in Section 11.2. Incidents of nonperformance will suspend grant operations until corrective measures are implemented. If the grant is conditioned, access to grant funds will be suspended pending a satisfactory cure to the related incident of nonperformance.

2. Reporting: The Subrecipient is required to submit monthly performance reports as specified in PART

B no later than the 15th calendar day following the start of the new month (unless otherwise specified), as well as other information and data required by the City to respond to current HUD regulations and for the preparation of the Consolidated Annual Performance and Evaluation Report (CAPER) and/or the Integrated Disbursement Information System (IDIS) project set-up and completion activities. Accomplishment and financial reports must be received before the City can honor requests for funds. As stated in Section 11.2, sanctions will be imposed upon the Subrecipient for failure to satisfy report due dates.a. The City’s Accomplishment Report form provided as PART D;b. A description of all project activities that have taken place during the reporting period, including

all outreach activities and public participation events; c. Photographs and newspaper/media clippings of progress to date, if applicable; d. A description of any anticipated problems or obstacles, and a plan for how those future obstacles

will be addressed; e. A description of how objectives specified for achievement by that date have been met, OR a

description of obstacles that have prevented those objectives from being met, how those obstacles are being addressed, and a new anticipated date of completion for those objectives;

f. A description and dollar amount of funds spent to date, and how much of those funds have already been reimbursed;

g. A description of the number and qualifying low to moderate income characteristics of persons or households assisted to date;

h. Other supportive information or documentation, as applicable; and i. Any other reports or documentation as requested by the City or HUD.

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3. Client Data: The Subrecipient agrees to maintain client data demonstrating client eligibility for services provided. Such data shall include, but not be limited to, client name, address, ethnicity, race, gender, age, head of household, income level, disability, homeless status, or other basis for determining eligibility, and a description of the service provided.

4. Accomplishment Reports: The Subrecipient agrees to submit project activity and progress reports to the City on a monthly basis and other reports as may be required or requested by the City or HUD. Accomplishment Reports will include, as applicable, at a minimum: a. A description of the number and qualifying low to moderate income characteristics of persons or

households assisted with CDBG funds to date;b. Other supportive information or documentation, as applicable; and c. Any other reports or documentation as requested by the City or HUDd. And requirements listed in section 9.2 above

5. Final Accomplishment Reports: Final, year-end performance reports will also serve as the final project report, and will include, in addition to the requirements listed in items 9.2 and 9.4 above, a thorough assessment of the project, including successes and weaknesses; a comparison of projected accomplishments and objectives to actual accomplishments and goals achieved, including reasons for any discrepancies between the two; notation of any funds that were not expended and reasons why; total number and qualifying low to moderate income characteristics of persons or households assisted with funds or other resources leveraged by using other funds, including any donations that would not have been received without assistance; and identification of future related projects that may be eligible for assistance. This final report will be due October 31, 2020 or the date of final request for reimbursement, whichever is sooner.

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15. APPENDICES

All attachments referenced in this Agreement, all amendments mutually agreed upon, and modifications made by both parties are hereby incorporated as though fully set forth herein.

Attachment A – Revised Non-Discrimination and Equal Employment Opportunity Statement for Contracts or Agreements

Part A – AgreementPart B – Performance Criteria/ObjectivesPart C – Budget Detail

[Rest of page intentionally blank]

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16. AUTHORIZATION TO ENTER INTO CONTRACT

The undersigned person signing as an officer on behalf of the Subrecipient, a party to this Agreement, hereby severally warrants and represents that said person has authority to enter into this Agreement on behalf of said Subrecipient and to bind the Subrecipient to this Agreement, and further that said Subrecipient has authority to enter into this Agreement and that there are no restrictions or prohibitions contained in any article of incorporation or bylaw against entering into this Agreement.

SUBRECIPIENT

Amanda Meyers, Executive DirectorWichita Family Crisis Center

date

CITY OF WICHITA

Brandon J. Whipple, Mayor date

ATTEST:

Karen Sublett, City Clerk date

APPROVED AS TO FORM:

Jennifer Magana, City Attorney and Director of Law

date

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REVISED NON-DISCRIMINATION ANDEQUAL EMPLOYMENT OPPORTUNITY/AFFIRMATIVE ACTION PROGRAM

REQUIREMENTS STATEMENT FOR CONTRACTS OR AGREEMENTS

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

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

B. Requirements of the State of Kansas:1. The contractor shall observe the provisions of the Kansas Act against Discrimination (Kansas

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

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

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

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

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

C. Requirements of the City of Wichita, Kansas, relating to Non-Discrimination -- Equal Employment Opportunity/Affirmative Action Program Requirements:1. The vendor, supplier, contractor or subcontractor shall practice Non-Discrimination -- Equal

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

2. The vendor, supplier, contractor or subcontractor will, in all solicitations or advertisements for employees placed by or on behalf of the vendor, supplier, contractor or subcontractor, state that all

Attachment A

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

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

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

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

D. Exempted from these requirements are: 1. Those contractors, subcontractors, vendors or suppliers who have less than four (4) employees, whose

contracts, purchase orders or agreements cumulatively total less than five thousand dollars ($5,000) during the fiscal year of said City are exempt from any further Equal Employment Opportunity or Affirmative Action Program submittal.

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

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Part BPERFORMANCE CRITERIA AND OBJECTIVES

SUBRECIPIENT: WICHITA FAMILY CRISIS CENTER DUNS #: 55-642-1030

GRANT#: B-19-MC-200004 CFDA#: 14.218CFDA NAME:COMMUNITY DEVELOPMENT BLOCK GRANTS/ENTITLEMENT GRANTS

SUBRECIPIENT INFORMATION

ACTIVITY NAME: Wichita Family Crisis Center

EXECUTIVE DIRECTOR: Amanda Myers

CONTACT PERSON(S): N/AADDRESS (NOT PO BOX): 1111 N. St. Francis, Wichita, KansasZIP + 4: 67214-2813PHONE: (316) 263-7501

EMAIL: ameyers@wichitafamilycrisiscenter.org

PERFORMANCE PERIOD:

CONTRACT PERIOD:

July 1, 2019 through June 30, 2020

July 1, 2019 through September 1, 2020

FUNDING SOURCE(S): CDBG

HUD OUTCOME PERFORMANCE MEASUREMENTS

NATIONAL OBJECTIVE(S): Low/Mod Benefit Slum/Blight Urgent Need

OBJECTIVE CATEGORY:Sustainable Living Environment Decent Housing Creating Economic Opportunities

OUTCOME CATEGORY:Availability/Accessibility Affordability Sustainability

PROJECT ELIGIBILITY: According to 24 CFR Part 570.208(2)(a) this project qualifies, meeting the CDBG National Objective for limited clientele. This public service activity is limited to homeless victims of domestic violence, who are presumed by HUD to be primarily low and moderate income persons.

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PERFORMANCE CRITERIA AND OBJECTIVES FOR ADDITIONAL FUNDING

SUBRECIPIENT: WICHITA FAMILY CRISIS CENTER DUNS #: 55-642-1030

CFDA NAME:COMMUNITY DEVELOPMENT BLOCK GRANTS/ENTITLEMENT GRANTS

SUBRECIPIENT INFORMATION

ACTIVITY NAME: Wichita Family Crisis Center

EXECUTIVE DIRECTOR: Amanda Myers

CONTACT PERSON(S): N/AADDRESS (NOT PO BOX): 1111 N. St. Francis, Wichita, KansasZIP + 4: 67214-2813PHONE: (316) 263-7501

EMAIL: ameyers@wichitafamilycrisiscenter.org

PERFORMANCE PERIOD FOR

ADDITIONAL FUNDS:

CONTRACT PERIOD FOR

ADDITIONAL FUNDS:

June 16, 2020 through September 30, 2020

June 16, 2020 through October 15, 2020

FUNDING SOURCE(S): CDBG

HUD OUTCOME PERFORMANCE MEASUREMENTS

NATIONAL OBJECTIVE(S): Low/Mod Benefit Slum/Blight Urgent Need

OBJECTIVE CATEGORY:Sustainable Living Environment Decent Housing Creating Economic Opportunities

OUTCOME CATEGORY:Availability/Accessibility Affordability Sustainability

PROJECT ELIGIBILITY: According to 24 CFR Part 570.208(2)(a) this project qualifies, meeting the CDBG National Objective for limited clientele. This public service activity is limited to homeless victims of domestic violence, who are presumed by HUD to be primarily low and moderate income persons.

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The Subrecipient agrees:

1. It is the principal administrative and coordinating agency for this project, contracting and/or subcontracting outside services, as may be necessary, subject to compliance with all applicable local, state and federal laws; and

2. It is the responsible authority without recourse to the City regarding the settlement and satisfaction of all contractual and administrative issues arising out of the contract entered into; and

3. It will maintain, during the term of this agreement, a filing with the Secretary of the State of Kansas as a not for profit corporation, or shall be designated a 501 (c)(3) tax-exempt organization by the Internal Revenue Service. Evidence of such status will be provided to the City upon request.

Participant Eligibility: According to 24 CFR Part 570.208(2)(a) this project qualifies, meeting the CDBG National Objective for limited clientele. Pursuant to 24 CFR Part 570.506(3)(i), documentation establishing that the facility or service is designed for the particular needs of or used exclusively by battered spouses, for which the regulations provide a presumption concerning the extent to which low-and moderate-income persons benefit. This public service activity is limited to homeless victims of domestic violence, and therefore presumed by HUD to be primarily low and moderate income.

Project Description: Wichita Family Crisis Center will provide shelter and supportive services tohomeless victims of domestic violence.

Project Content: The Subrecipient shall complete the following objective(s) in a manner acceptable to the City, in accordance with the schedule, budget and conditions detailed herein. The City reserves the right to revise or otherwise alter established objective(s) and criteria during the grant period in an effort to allow for meaningful project measurement and evaluation which will directly impact future funding recommendations.

Goal: Provides shelter to women and their children who are victims of domestic violence while providing them personal advocacy that includes life-saving safety planning and assistance accessing resources to support their empowerment, self-sufficiency, and family stability.

Annual Outcome Measurements: 80% of adult shelter clients staying 14 days or more will report increased feelings of support for

their life goals (92/115) 80% of adult shelter clients staying 14 days or more will demonstrate progress in achieving life

plans (92/115) 80% of shelter clients staying 14 days or more, upon exit, will have found safe and stable

housing (92/115) 80% of children receiving parent/child advocacy services staying shelter for 21 days or more will

report increased knowledge of healthy relationships (24/30) 80% of adult shelter clients with children staying in the shelter 21 days or more will demonstrate

an increase in positive parenting approaches (24/30)

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Project Administration: The Subrecipient Program Director will supervise operations and administration on a day-to-day basis.

Procurement Methods: The Subrecipient shall use its own procurement practices which comply with applicable state and local laws, rules and regulations so long as those practices do not unduly limit bidding competition. Additionally, procurement made with federal grant funds shall adhere to the standards set forth in 2 CFR Chapter II Part 215, including:

1. Maintaining a code or standard of conduct governing the performance of the Subrecipient’sofficers, employees or agents engaged in awarding and administering contracts supported with Federal funds.

2. Advertising of procurement transactions as appropriate without regard to a dollar value in a manner allowing maximum free and open competition. No sole source procurement (obtaining only one bid) is permitted without prior approval for all purchases except small purchase procedures defined in 2 CFR Chapter II Part 215.

3. Invitations for bids shall be based on specifications developed by the Subrecipient. Said specifications shall be detailed to the extent necessary to solicit comparable bids without unduly limiting competitive bidding.

4. Bids will be awarded on the basis of the lowest and best bid, price and other factors considered.

5. The Subrecipient agrees to purchase services, goods and materials on an “as needed basis” and at the “lowest price obtainable”.

6. The Subrecipient will maintain procurement files outlining procurement efforts for each bid, including names and addresses of bidders solicited, information pertaining to advertising, and solicitation of Small and Emerging Business Enterprise participation. Information will be maintained of bid tabulations, justification of bid award, letters of notification to bidders regarding bid award, and any other pertinent information.

Funding: It is mutually agreed by and between the City and the Subrecipient that the City will pass through to the Subrecipient no more than $130,000 in regular CDBG funds, and $39,000 in additional CDBG funds for reimbursement of eligible and necessary expenses, and the Subrecipient will provideshelter for women and their children who are victims of domestic violence while providing them personal advocacy that includes life-saving safety planning and assistance accessing resources to support their empowerment, self-sufficiency, and family. Said funds will be used as set forth in the sections entitled Budget and Method of Payment. Any costs in excess of $169,000 are the responsibility of the Subrecipient.

Budget: The City shall pay the Subrecipient as hereinafter set out; the maximum of $169,000 for the activity described in this Agreement. Funding under this Agreement shall be originally budgeted asdetailed in PART C. Adjustments to budget line items and categories may be made with agreement by both parties to this Agreement.

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Indirect Cost Rate: If the Subrecipient chooses to charge Indirect under this grant, the Subrecipient shall provide their indirect cost rate that has been negotiated between their entity and the Federal Government. If the subrecipient has never received a negotiated indirect cost rate a de minimis indirect cost rate of 10% of modified total direct costs (MTDC) may be used.

“Modified Total Direct Costs (MTDC) shall mean all direct salaries and wages, applicable fringe benefits, materials and supplies, services, travel, and up to the first $25,000 of each subaward (regardless of the period of performance of the subawards under the award). MTDC excludes equipment, capital expenditures, and rental costs.

The indirect cost rate charged under this agreement is: N/A. In accord with 24 CFR 570.200(g), no more than 20% of the sum of any award shall be expended for planning and administrative costs.

Method of Payment: The Subrecipient agrees that payments under this contract shall be made according to established budgeting, purchasing and accounting procedures of the City of Wichita and CDBG program.

1. The City and the Subrecipient also agree that the categories of expenditures and amounts are estimates and may vary during the course of the contract. Changes greater than $25,000, other than those within the scope of this agreement must be approved by the City Council.

2. The Subrecipient will ensure all costs are eligible according to the approved budget. The original documentation supporting any expenditure made under this Agreement will be retained in the Subrecipient’s files for five (5) years after the final audit of expenditures made under this contract.

Accomplishment Reports, Financial and Client Files: The Subrecipient shall establish and maintain accounting and project records specifically for the federal funds awarded. Original documentation supporting all reimbursed expenditures and other project records will be retained by the Subrecipient for five (5) years after the final audit of expenditures made under this Agreement.

1. The Subrecipient must maintain records of persons served by race, ethnicity, and income. Such records are subject to review by the City to ensure the accuracy and validity of information reported in monthly progress reports.

2. Accomplishment reports must be submitted by the 15th of the following month on Part D, Accomplishment Report.

3. Requests for Reimbursement must be submitted on a request for reimbursement form by the 15th of the month following the month the expenditure was paid.

4. Records must be maintained documenting receipts of CDBG program income and expenditures of the same. Goods and services received as program income in lieu of cash must require valuation as an in-kind item with appropriate records maintenance and reporting in the same manner as other program income. Any CDBG attributable income generated by this program shall be retained to offset project costs. Donations to the project covered by this agreement are not considered program income.

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5. Additionally, a narrative or other description of progress may be required.

Project Evaluation: The City will evaluate this project based on the objective(s) stated in Part B. Failure by the Subrecipient to provide the level of service stated herein may result in a determination by the City to modify the level of payment to the Subrecipient on a pro rata basis with level of service. Subrecipient records are subject to review by the City to ensure the accuracy and validity of information reported in monthly progress reports.

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Part C

BUDGET FOR REGULAR FUNDS- $130,000:

1195 Delegate Agencies – Payroll $105,657

1495 Delegate Agencies – Employee Benefits/Payroll Taxes $ 20,712

3195 Delegate Agencies – Office Supplies $ 3,631

TOTAL $130,000

BUDGET FOR SUPPLEMENTAL CARES FUNDS- $39,000:

1195 Delegate Agencies – Payroll $2,732

1495Delegate Agencies – Payroll Taxes & BenefitsRetirement ($109)+FICA ($209)+SUTA($11) $329

2195 Delegate Agencies – Utilities (Electricity) $1,000

2295Delegate Agencies – Telephone:Internet ($1050) + Telephone ($3626) $4,676

2996Delegate Agencies – Other Contractuals:Cleaning Service $750

3595

Delegate Agencies – Materials (Program supplies, technology updates, cleaning supplies, etc.) $13,263

3995

Delegate Agencies – Miscellaneous Commodities: Client Assistance ($15,000) +Client Transportation ($1,250) $16,250

TOTAL $39,000

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FIRST AMENDMENT TO FUNDING AGREEMENTbetween

THE CITY OF WICHITAHOUSING AND COMMUNITY SERVICES DEPARTMENT

and

STEPSTONE, INC.

For

Domestic Violence Shelters

City of Wichita Housing and Community Services Department455 N Main StreetWichita, Kansas 67202Phone (316) 462-3725Fax (316) 337-9103

Date agreement fully executed: ___________________

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This contract amendment is entered into June 16, 2020 and dated to be effective June 16, 2020, between the City of Wichita (hereinafter referred to as “the City”) and Stepstone, Inc. (hereinafter referred to as the Subrecipient).

WITNESSETH THAT:

WHEREAS, the above named entities were parties to a Sub-Recipient Agreement dated June 11, 2019, and dated to be effective July 1, 2019, and executed by the Mayor of the City of Wichita, September 19, 2019 in the amount of $23,000, in which the Subrecipient agreed to operate a domestic violence shelter activity owned by the Subrecipient and located within the corporate limits of the City; and

WHEREAS, additional public services needs have arisen as a result of the COVID-19 public health emergency;

WHEREAS, the cooperation of the City and the Subrecipient is essential for continued domestic violence shelter services for the vulnerable population as a result of the COVID-19 public health emergency;

NOW, THEREFORE, the above named parties, in order to fulfill the original intent of the Sub-Recipient agreement dated to be effective July 1, 2019 and executed September 19, 2019, hereby agree, covenant, and contract with each other that, effective June 16, 2020, the terms of the agreement are hereby reaffirmed and re-executed for and on behalf of these parties except for the amendments, modifications, and changes herein, including changes to the original Part A, Part B, and Part C, hereto.

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PART AAGREEMENT

WHEREAS, the City of Wichita has entered into a funding Agreement with the United States of America for the Department of Housing and Urban Development (hereinafter referred to as HUD) for the execution of projects and activities under Title I of the Housing and Community Development Act of 1974 (Pub. L. 93-383, 42 USC 5301 et. seq.) under the Community Development Block Grant (CDBG) Program hereinafter referred to as CDBG; and

WHEREAS, the City has entered into a contract with the United States of America for the implementation of a program of local assistance for the City of Wichita pursuant to HUD for implementation of a CDBG program; and

WHEREAS, the department of Housing and Community Services is authorized to act on behalf of the City in implementing this grant Agreement; and

WHEREAS, the cooperation of the City and the Subrecipient is essential for the successful implementation of a public service project under the CDBG program; and

WHEREAS, on June 11, 2019 the Wichita City Council designated $250,000 from anticipated 2019-2020 CDBG funds for Domestic Violence Shelter Services; and

WHEREAS, StepStone, Inc. submitted a proposal and was selected to provide transitional housing and supportive services to 240 women and children who are survivors of domestic violence; and

WHEREAS, on June 11, 2019, the Wichita City Council obligated federal funds in the amount of $23,000 for the execution of the CDBG-eligible, approved activity, transitional housing and supportive services; and on June 16, 2020, the Wichita City Council Obligated additional funds in the amount of $6,900 to the Subreciepient in CDBG funding for domestic violence shelter services and authorized the necessary signatures;

NOW, THEREFORE, the parties hereto do mutually agree that this Agreement is entered into predicated upon the following terms and/or conditions, all and every one of which the parties hereto agree to observe and perform:

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2. COMMENCEMENT AND COMPLETION

1. Time of Performance: The services of the Subrecipient are to commence as soon as practicable on or after the date of this contract, and shall be undertaken and completed in such sequence as to assure their expeditious completion in light of the purposes of this contract through a period ending September 30, 2020. All expenditures associated with implementation of this activity must be submitted for reimbursement by October 15, 2020.

2. Close-out Period: The Subrecipient has 30 days following the performance of this activity during which to conduct and complete close-out requirements associated with this Agreement. Final accomplishment and outcome reports are due to the City by October 31, 2020.

3. Contract Completion Date: Unless an extension has been approved by the City in advance, OR unless this Agreement is terminated earlier in accordance with other provisions herein, this agreement will end on October 31, 2020.

3. COMPENSATION AND USE OF FUNDSRegulation for Use of Funds: The use of funds received pursuant to this Agreement shall be in accordance with the requirements of the Housing and Community Development Act of 1974 (as amended), 24 CFR Parts 570, other regulations governing the use of contract funds, and any amendments or policy revisions thereto which shall become effective during the term of this Agreement. It is the Subrecipient’s responsibility to read, understand, and comply with these regulations.

1. Uniform Grant Administrative Requirements and Cost Principles: During the administration of this contract, the Subrecipient shall comply with, and adhere to: a. 2 CFR Chapter II Part 215; andb. 2 CFR Chapter II Part 230.

2. Total Payments: Total amount of funds provided by the City to the Subrecipient under this Agreement shall not exceed $23,000, plus $6,900 in additional funding made available through the CARES Act, which must be drawn on a monthly basis. At the sole discretion of the City, any funds remaining unexpended as of the termination date of this agreement may be de-obligated from this Agreement and made available for other eligible projects, as determined appropriate by the City.

3. Reimbursement Requests: This is a cost-reimbursement Agreement. Disbursement of funds under this Agreement may be requested only for necessary, reasonable, and allowable costs described in PART B, and for which the Subrecipient has made payment during the period of performance set forth in item Section 2.1 above. The City agrees to reimburse the Subrecipient for such costs, and payment shall be made upon receipt of a request for reimbursement form as provided by the City, accompanied by a monthly progress report from the Subrecipient specifying the services performed and expenses incurred. All requests for reimbursement must be accompanied by an invoice which identifies the address to which payment should be remitted, documentation of payment for eligible expenses (i.e., invoices, receipts, bills from vendors, copies of checks, time sheets, etc.), and other supporting documentation. Supporting documentation must be accompanied by an agency payment voucher providing this information and a copy of the signed check with which the payment was made. Requests for Reimbursement must be received by the 15th day of the month following the month during which the expenditure was paid.

4. Double Reimbursement: The Subrecipient must not claim reimbursement from the City under this Agreement for any portion of its obligations that has been paid by another source of revenue.

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5. Restriction on Disbursements: CDBG funds shall not be disbursed to a Subrecipient or contractor except pursuant to a written contract, which incorporates by reference the general conditions of this Agreement. Disbursements may be suspended or terminated under this Agreement upon refusal to accept any additional conditions that may be imposed by the City at any time or if the entitlement funds to the City of Wichita under the Federal Act(s) are suspended or terminated.

6. Withholding Payments: All payments to the Subrecipient are subject to the Subrecipient’s compliance with this Agreement. Any breach of the Agreement is grounds for non-payment until such corrective measures are made which will resolve Agreement non-compliance.

7. Closeout Reimbursement: Closeout billings must be submitted by October 31, 2020. If not submitted, the unexpended funds shall revert to the City of Wichita.

8. Program Income: The Subrecipient agrees to abide by the Program Income Requirements set forth in 24 CFR 570.504(c). Program Income is defined as gross income received by a unit of local government (City) or a Subrecipient of a unit of general local government (City) that was generated from the use of CDBG funds.

The Subrecipient agrees to remit all Program Income to the City within 15 days of its receipt, unless a request is made to the City within that same 15 day period that the Subrecipient would like to spend those funds on other CDBG-eligible costs. The City and/or HUD must approve such requests in writing prior to Subrecipient expenditure of Program Income. Should these requests be approved, verification of the expenditure of Program Income must be provided to the City no later than the contract completion date described in Section 2.1 of this Agreement. If Subrecipient, after City approval, chooses not to remit Program Income to the City, the Subrecipient must spend all Program Income on eligible CDBG activities prior to requesting additional reimbursements from the City.

Program Income that is received by the Subrecipient before closeout of the grant that generated the income is treated as additional CDBG funds and is subject to all federal regulations and policies governing the program. Under limited circumstances, the City may approve the use of CDBG Program Income for the purpose of capitalizing a revolving loan fund for specific identified activities. Payments to a revolving loan fund are Program Income and must substantially be disbursed from the revolving loan fund before additional grant funds are drawn from the City for revolving loan fund activities.

Regardless of whether Program Income is remitted to the City or spent on other CDBG-eligible costs, documentation of the receipt of Program Income, such as supporting schedules identifying the project and the source of income, must be submitted to the City within 15 days of its receipt. When Program Income is generated by an activity that is only partially assisted with CDBG funds, the Program Income shall be prorated to reflect the percentage of said funds used. Donations to the program covered by this agreement are not considered program income.

At the end of the term of this Agreement, as described in Section 2.1, the City may require remittance of all or part of any Program Income balances (including investments thereof) held by the Subrecipient (except those needed for immediate cash needs, cash balances of a revolving loan fund, cash balances from a lump sum draw down, or cash or investments held for Section 108 security needs).

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9. PROGRAM EVALUATION

1. Performance Measures: During the Grant Agreement Period, the Subrecipient agrees to work diligently towards the objectives and projected accomplishments outlined in PART B, and to assist the City in demonstrating appropriate program benefits for the project activities implemented by Subrecipient. If it is determined that any of these objectives will not be completed within the identified timeframe, a request for an extension must be submitted to the City for consideration. However in no instance may accomplishment data reflect activity occurring after September 30, 2020. Such a request must identify the reasons for the extension and must be accompanied by a proposed project timeline that can reasonably be accomplished. Failure to meet the objectives in PART B will represent grounds for imposition of sanctions as found in Section 11.2. Incidents of nonperformance will suspend grant operations until corrective measures are implemented. If the grant is conditioned, access to grant funds will be suspended pending a satisfactory cure to the related incident of nonperformance.

2. Reporting: The Subrecipient is required to submit monthly performance reports as specified in PART

B no later than the 15th calendar day following the start of the new month (unless otherwise specified), as well as other information and data required by the City to respond to current HUD regulations and for the preparation of the Consolidated Annual Performance and Evaluation Report (CAPER) and/or the Integrated Disbursement Information System (IDIS) project set-up and completion activities. Accomplishment and financial reports must be received before the City can honor requests for funds. As stated in Section 11.2, sanctions will be imposed upon the Subrecipient for failure to satisfy report due dates.a. The City’s Accomplishment Report form provided as PART D;b. A description of all project activities that have taken place during the reporting period, including

all outreach activities and public participation events; c. Photographs and newspaper/media clippings of progress to date, if applicable; d. A description of any anticipated problems or obstacles, and a plan for how those future obstacles

will be addressed; e. A description of how objectives specified for achievement by that date have been met, OR a

description of obstacles that have prevented those objectives from being met, how those obstacles are being addressed, and a new anticipated date of completion for those objectives;

f. A description and dollar amount of funds spent to date, and how much of those funds have already been reimbursed;

g. A description of the number and qualifying low to moderate income characteristics of persons or households assisted to date;

h. Other supportive information or documentation, as applicable; and i. Any other reports or documentation as requested by the City or HUD.

3. Client Data: The Subrecipient agrees to maintain client data demonstrating client eligibility for services provided. Such data shall include, but not be limited to, client name, address, ethnicity, race, gender, age, head of household, income level, disability, homeless status, or other basis for determining eligibility, and a description of the service provided.

4. Accomplishment Reports: The Subrecipient agrees to submit project activity and progress reports to the City on a monthly basis and other reports as may be required or requested by the City or HUD. Accomplishment Reports will include, as applicable, at a minimum: a. A description of the number and qualifying low to moderate income characteristics of persons or

households assisted with CDBG funds to date;b. Other supportive information or documentation, as applicable; and

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c. Any other reports or documentation as requested by the City or HUDd. And requirements listed in section 9.2 above

5. Final Accomplishment Reports: Final, year-end performance reports will also serve as the final project report, and will include, in addition to the requirements listed in items 9.2 and 9.4 above, a thorough assessment of the project, including successes and weaknesses; a comparison of projected accomplishments and objectives to actual accomplishments and goals achieved, including reasons for any discrepancies between the two; notation of any funds that were not expended and reasons why; total number and qualifying low to moderate income characteristics of persons or households assisted with funds or other resources leveraged by using other funds, including any donations that would not have been received without assistance; and identification of future related projects that may be eligible for assistance. This final report will be due October 31, 2020 or the date of final request for reimbursement, whichever is sooner.

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15. APPENDICES

All attachments referenced in this Agreement, all amendments mutually agreed upon, and modifications made by both parties are hereby incorporated as though fully set forth herein.

Attachment A – Revised Non-Discrimination and Equal Employment Opportunity Statement for Contracts or Agreements

Part A – AgreementPart B – Performance Criteria/ObjectivesPart C – Budget Detail

[Rest of page intentionally blank]

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16. AUTHORIZATION TO ENTER INTO CONTRACT

The undersigned person signing as an officer on behalf of the Subrecipient, a party to this Agreement, hereby severally warrants and represents that said person has authority to enter into this Agreement on behalf of said Subrecipient and to bind the Subrecipient to this Agreement, and further that said Subrecipient has authority to enter into this Agreement and that there are no restrictions or prohibitions contained in any article of incorporation or bylaw against entering into this Agreement.

SUBRECIPIENT

Katherine Lambertz, LMSWExecutive DirectorStepStone, Inc.

date

CITY OF WICHITA

Brandon J. Whipple, Mayor date

ATTEST:

Karen Sublett, City Clerk date

APPROVED AS TO FORM:

Jennifer Magana, City Attorney and Director of Law

date

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REVISED NON-DISCRIMINATION ANDEQUAL EMPLOYMENT OPPORTUNITY/AFFIRMATIVE ACTION PROGRAM

REQUIREMENTS STATEMENT FOR CONTRACTS OR AGREEMENTS

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

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

B. Requirements of the State of Kansas:1. The contractor shall observe the provisions of the Kansas Act against Discrimination (Kansas

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

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

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

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

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

C. Requirements of the City of Wichita, Kansas, relating to Non-Discrimination -- Equal Employment Opportunity/Affirmative Action Program Requirements:1. The vendor, supplier, contractor or subcontractor shall practice Non-Discrimination -- Equal

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

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

Attachment A

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ancestry. In all solicitations or advertisements for employees the vendor, supplier, contractor or subcontractor shall include the phrase, "Equal Opportunity Employer", or a similar phrase;

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

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

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

D. Exempted from these requirements are: 1. Those contractors, subcontractors, vendors or suppliers who have less than four (4) employees, whose

contracts, purchase orders or agreements cumulatively total less than five thousand dollars ($5,000) during the fiscal year of said City are exempt from any further Equal Employment Opportunity or Affirmative Action Program submittal.

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

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Part BPERFORMANCE CRITERIA AND OBJECTIVES

SUBRECIPIENT: STEPSTONE, INC DUNS #: 048819945

GRANT#: B-19-MC-200004 CFDA#: 14.218CFDA NAME:COMMUNITY DEVELOPMENT BLOCK GRANTS/ENTITLEMENT GRANTS

SUBRECIPIENT INFORMATION

ACTIVITY NAME: StepStone, Inc

EXECUTIVE DIRECTOR: Kit Lambertz

CONTACT PERSON(S): Dung KimbleADDRESS (NOT PO BOX): 1329 S. Bluffview, Wichita, KSZIP + 4: 67218-3706PHONE: (316) 265-1611

EMAIL: dkimble@stepstoneks.org

PERFORMANCE PERIOD:

CONTRACT PERIOD:

July 1, 2019 through June 30, 2020

July 1, 2019 through August 31, 2020

FUNDING SOURCE(S): CDBG

HUD OUTCOME PERFORMANCE MEASUREMENTS

NATIONAL OBJECTIVE(S): Low/Mod Benefit Slum/Blight Urgent Need

OBJECTIVE CATEGORY:Sustainable Living Environment Decent Housing Creating Economic Opportunities

OUTCOME CATEGORY:Availability/Accessibility Affordability Sustainability

PROJECT ELIGIBILITY: According to 24 CFR Part 570.208(2)(a) this project qualifies, meeting the CDBG National Objective for limited clientele. This public service activity is limited to children of victims of domestic violence, who are presumed by HUD to be primarily low and moderate income persons.

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PERFORMANCE CRITERIA AND OBJECTIVES FOR ADDITIONAL FUNDING

SUBRECIPIENT: STEPSTONE, INC DUNS #: 048819945

CFDA NAME:COMMUNITY DEVELOPMENT BLOCK GRANTS/ENTITLEMENT GRANTS

SUBRECIPIENT INFORMATION

ACTIVITY NAME: StepStone, Inc

EXECUTIVE DIRECTOR: Kit Lambertz

CONTACT PERSON(S): Dung KimbleADDRESS (NOT PO BOX): 1329 S. Bluffview, Wichita, KSZIP + 4: 67218-3706PHONE: (316) 265-1611

EMAIL: dkimble@stepstoneks.org

PERFORMANCE PERIOD FOR

ADDITIONAL FUNDS:

CONTRACT PERIOD FOR

ADDITIONAL FUNDS:

June 16, 2020 through September 30, 2020

June 16, 2020 through October 15, 2020

FUNDING SOURCE(S): CDBG

HUD OUTCOME PERFORMANCE MEASUREMENTS

NATIONAL OBJECTIVE(S): Low/Mod Benefit Slum/Blight Urgent Need

OBJECTIVE CATEGORY:Sustainable Living Environment Decent Housing Creating Economic Opportunities

OUTCOME CATEGORY:Availability/Accessibility Affordability Sustainability

PROJECT ELIGIBILITY: According to 24 CFR Part 570.208(2)(a) this project qualifies, meeting the CDBG National Objective for limited clientele. This public service activity is limited to children of victims of domestic violence, who are presumed by HUD to be primarily low and moderate income persons.

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The Subrecipient agrees:1. It is the principal administrative and coordinating agency for this project, contracting and/or

subcontracting outside services, as may be necessary, subject to compliance with all applicable local, state and federal laws; and

2. It is the responsible authority without recourse to the City regarding the settlement and satisfaction of all contractual and administrative issues arising out of the contract entered into; and

3. It will maintain, during the term of this agreement, a filing with the Secretary of the State of Kansas as a not for profit corporation, or shall be designated a 501 (c)(3) tax-exempt organization by the Internal Revenue Service. Evidence of such status will be provided to the City upon request.

Participant Eligibility: According to 24 CFR Part 570.208(2)(a) this project qualifies, meeting the CDBG National Objective for limited clientele. Pursuant to 24 CFR Part 570.506(3)(i), documentation establishing that the facility or service is designed for the particular needs of or used exclusively by battered spouses, for which the regulations provide a presumption concerning the extent to which low-and moderate-income persons benefit. This public service activity is limited to homeless victims of domestic violence, and therefore presumed by HUD to be primarily low and moderate income.

Project Description: StepStone, Inc. will provide transitional housing and supportive services to women and children who are survivors of domestic violence.

Project Content: The Subrecipient shall complete the following objective(s) in a manner acceptable to the City, in accordance with the schedule, budget and conditions detailed herein. The City reserves the right to revise or otherwise alter established objective(s) and criteria during the grant period in an effort to allow for meaningful project measurement and evaluation which will directly impact future funding recommendations.

Goal: Women and children receiving services and enrichment activities will focus on healthy relationships, resource building, safety planning and economic stability.

Annual Outcome Measurements: 70% of adult survivors will maintain or obtain employment during the grant year (25/35) 80% of adult survivors will keep their utilities on and current (28/35) 80% of adult survivors will have knowledge of at least 3 additional resources in the community

(28/35) 85% of adult survivors and children will have indicated an increased knowledge of safety (60/70) 80% of participants will be able to identify 3 signs of a healthy relationship (56/70)

Project Administration: The Subrecipient Program Director will supervise operations and administration on a day-to-day basis.

Procurement Methods: The Subrecipient shall use its own procurement practices which comply with applicable state and local laws, rules and regulations so long as those practices do not unduly limit bidding competition. Additionally, procurement made with federal grant funds shall adhere to the standards set forth in 2 CFR Chapter II Part 215, including:

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1. Maintaining a code or standard of conduct governing the performance of the Subrecipient’s officers, employees or agents engaged in awarding and administering contracts supported with Federal funds.

2. Advertising of procurement transactions as appropriate without regard to a dollar value in a manner allowing maximum free and open competition. No sole source procurement (obtaining only one bid) is permitted without prior approval for all purchases except small purchase procedures defined in 2 CFR Chapter II Part 215.

3. Invitations for bids shall be based on specifications developed by the Subrecipient. Said specifications shall be detailed to the extent necessary to solicit comparable bids without unduly limiting competitive bidding.

4. Bids will be awarded on the basis of the lowest and best bid, price and other factors considered.

5. The Subrecipient agrees to purchase services, goods and materials on an “as needed basis” and at the “lowest price obtainable”.

6. The Subrecipient will maintain procurement files outlining procurement efforts for each bid, including names and addresses of bidders solicited, information pertaining to advertising, and solicitation of Small and Emerging Business Enterprise participation. Information will be maintained of bid tabulations, justification of bid award, letters of notification to bidders regarding bid award, and any other pertinent information.

Funding: It is mutually agreed by and between the City and the Subrecipient that the City will pass through to the Subrecipient no more than $23,000 in regular CDBG funds, and $6,900 in additional CDBG funds for reimbursement of eligible and necessary expenses, and the Subrecipient will provide transitional housing and supportive services to women and children who are survivors of domestic violence. Said funds will be used as set forth in the sections entitled Budget and Method of Payment. Any costs in excess of $29,900 are the responsibility of the Subrecipient.

Budget: The City shall pay the Subrecipient as hereinafter set out; the maximum of $29,900 for the activity described in this Agreement. Funding under this Agreement shall be originally budgeted asdetailed in PART C. Adjustments to budget line items and categories may be made with agreement by both parties to this Agreement.

Indirect Cost Rate: If the Subrecipient chooses to charge Indirect under this grant, the Subrecipient shall provide their indirect cost rate that has been negotiated between their entity and the Federal Government. If the subrecipient has never received a negotiated indirect cost rate a de minimis indirect cost rate of 10% of modified total direct costs (MTDC) may be used.

“Modified Total Direct Costs (MTDC) shall mean all direct salaries and wages, applicable fringe benefits, materials and supplies, services, travel, and up to the first $25,000 of each subaward (regardless of the period of performance of the subawards under the award). MTDC excludes equipment, capital expenditures, and rental costs.

The indirect cost rate charged under this agreement is: N/A. In accord with 24 CFR 570.200(g), no more than 20% of the sum of any award shall be expended for planning and administrative costs.

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Method of Payment: The Subrecipient agrees that payments under this contract shall be made according to established budgeting, purchasing and accounting procedures of the City of Wichita and CDBG program.

1. The City and the Subrecipient also agree that the categories of expenditures and amounts are estimates and may vary during the course of the contract. Changes greater than $25,000, other than those within the scope of this agreement must be approved by the City Council.

2. The Subrecipient will ensure all costs are eligible according to the approved budget. The original documentation supporting any expenditure made under this Agreement will be retained in the Subrecipient’s files for five (5) years after the final audit of expenditures made under this contract.

Accomplishment Reports, Financial and Client Files: The Subrecipient shall establish and maintain accounting and project records specifically for the federal funds awarded. Original documentation supporting all reimbursed expenditures and other project records will be retained by the Subrecipient for five (5) years after the final audit of expenditures made under this Agreement.

1. The Subrecipient must maintain records of persons served by race, ethnicity, and income. Such records are subject to review by the City to ensure the accuracy and validity of information reported in monthly progress reports.

2. Accomplishment reports must be submitted by the 15th of the following month on Part D, Accomplishment Report.

3. Requests for Reimbursement must be submitted on a Request for Reimbursement form as provided by the City, by the 15th of the month following the month the expenditure was paid.

4. Records must be maintained documenting receipts of CDBG program income and expenditures of the same. Goods and services received as program income in lieu of cash must require valuation as an in-kind item with appropriate records maintenance and reporting in the same manner as other program income. Any CDBG attributable income generated by this program shall be retained to offset project costs. Donations to the project covered by this agreement are not considered program income.

5. Additionally, a narrative or other description of progress may be required.

Project Evaluation: The City will evaluate this project based on the objective(s) stated in Part B. Failure by the Subrecipient to provide the level of service stated herein may result in a determination by the City to modify the level of payment to the Subrecipient on a pro rata basis with level of service. Subrecipient records are subject to review by the City to ensure the accuracy and validity of information reported in monthly progress reports.

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Part C

BUDGET FOR REGULAR FUNDS- $23,000:

Delegate Agencies – Payroll $17,177.00

Delegate Agencies – Employee Benefits $ 5,823.00

TOTAL $23,000.00

BUDGET FOR SUPPLEMENTAL CARES FUNDS- $6,900:

1195 Delegate Agencies - Payroll $1,850

2295 Delegate Agencies – Telephone $4,500

3595 Delegate Agencies – Materials $310

3995Delegate Agencies – Miscellaneous Commodities $240

TOTAL $6,900

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Agenda Item No. VIII-1

City of WichitaCity Council Meeting

June 16, 2020

TO: Wichita Airport Authority

SUBJECT: Lt. Erwin Bleckley MemorialWichita Dwight D. Eisenhower National Airport

INITIATED BY: Department of Airports

AGENDA: Wichita Airport Authority (Non-Consent)

Recommendation: Approve the Request with conditions noted below.

Background: Lt. Erwin Bleckley was a Wichita native who served as a United States Army aviator during World War I. His aircraft was shot down by the Germans in October of 1918 while on a mission to locate the Lost Battalion. He was awarded the Medal of Honor posthumously in 1923, and is the only aviation Medal of Honor recipient with Wichita ties. The City of Wichita commemorated Lt. Bleckley with the naming of Bleckley Drive in 1932. An aircraft of the same type that Bleckley flew on his last mission is available for purchase, and the Bleckley Memorial Committee would like to acquire and restore the aircraft and other memorabilia of his life and military career for potential display at Eisenhower National Airport. If the organization’s request is approved by the Wichita Airport Authority, they plan to do a public fundraising effort to pay for the acquisition of the aircraft and the associated costs of restoration and display.

Analysis: Members of the board of directors of the Memorial Committee presented its request to the Wichita Airport Advisory Board (WAAB) at its June 1, 2020 virtual meeting. Extensive discussion of the logistics of displaying the aircraft at the airport occurred so as not to cause interference with other existing and future operational functions, as well as the potential for creating visual distractions with the existing public art, advertising, and wayfinding signage. A suitable location and method of installation and display would have to be determined based upon the size, shape, and weight of the plane and where it might appropriately fit. The lack of funding for this project from the airport was also discussed. The Memorial Committee assured the WAAB that all costs of this project would be covered by the Committee and the charitable foundation they are creating. The foundation would also cover the costs of engineering and installation by an airport-approved contractor. The aircraft would be owned by the Bleckley foundation, and will be loaned to the Wichita Airport Authority for long-term display at the airport. The WAAB voted unanimously to recommend approval of this request by the Wichita Airport Authority if it can be determined that the airplane will fit in an appropriate location and the installation can be accomplished without hindering other airport operations or functions.

Financial Considerations: All costs associated with the acquisition and restoration of the aircraft and other display materials, as well as the cost of engineering and installation, will be borne by the Bleckley Memorial Committee and its charitable foundation.

Legal Considerations: None.

Recommendations/Actions: It is recommended that the Wichita Airport Authority approve the requestto privately fund the acquisition, restoration, installation, and display of the aircraft at Eisenhower National Airport if it can be determined that the aircraft will fit in an appropriate location and the installation can be accomplished without hindering other airport operations or functions.

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Attachments: Bleckley Memorial Information.

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Proprietary Friday, May 15, 2020

To the City of Wichita and Sedgwick County:

A rare historical opportunity has become available to Wichita that may never occur again. A WW1, DH-4 biplane - the same make and model local aviation hero Lieutenant Erwin Bleckley flew in, has been made available. The FAA considered this airplane to be the ONLY original American built airworthy military DH-4 left in the world. It has the original Liberty engine, including the original controls and instruments. The military markings include Bleckley's 50th Aero Squadron insignia, his #6 tail number and even the original 1918 manufactured data plate with Bleckley's aircraft serial number 32517.

Our first priority is to include and inform the City which owns and administers our airport. We are requesting city and county approval, endorsement and any available government funding for this project. The Bleckley Airport Memorial team will concurrently pursue private funding as well.

An unplanned event recently occurred, which has changed the entire mission for this historic aircraft. The goal was to fly this living memorial for those brave pilots from WW1. That was the plan until the initial test flight on May 2nd. On that day, the DH-4 was airborne and experienced control issues, and unfortunately suffered a hard landing and incurred some structural damage.

Because this million dollar aircraft was only insured for less than half of its value, the owner has decided to offer it to Wichita for the sum of $250,000, and for that amount, has agreed to repair it to static display condition. Wichita has been offered first right of refusal, and has 30 days to secure funding. While Wichita is overwhelmingly the most fitting permanent home for the Bleckley plane, it is not the only entity seeking this historic piece of aviation history. Almost 10,000 hours was invested to research and restore this DH-4. The same restoration team has projected the aircraft will be complete for display status by June 2021.

The centerpiece of Bleckley Airport Memorial will be this DH-4 on static display, suspended from the ceiling. The memorial will include a life size bronze statue of Bleckley in his aviator's uniform, his Medal of Honor, in addition to as many original artifacts, documents and photos as possible. This will include the original signed letter of condolence from General John J. Pershing to Bleckley’s parents.

Why recognize Erwin Bleckley and not some other Wichita aviation or military figure at our airport? He is the only aviation Medal of Honor recipient with Wichita ties. He has by far the closest Wichita connection of the four Medal of Honor recipients that called Wichita home. Bleckley was born and lived his entire life here in Wichita before entering military service in 1917. His final mission has gone down in history as the most famous, written, discussed and painted flight of all the U.S. Army Air Service flights conducted during WW1.

Bleckley is legendary because he volunteered for a second, much riskier mission that fatal day, in a borrowed DH-4 (his assigned aircraft was grounded due to receiving too many enemy hits). All squadron mission sorties that day were terrifying ordeals, as each one received significant enemy fire. In his search for the Lost Battalion, Bleckley thought he caught a glimpse of the unit during his first sortie, which led him to volunteer to return in the late afternoon. That mission was to locate, map and resupply the Lost Battalion. His strategy: fly lower and slower to purposely attract enemy fire to pinpoint the besieged American unit's position.

His Medal of Honor is very rare in that it was earned not just in the heat of moment but with deliberation and premeditation. Bleckley knew he wasn't coming back, so he wrote out his will before takeoff. When warned by squadron commander Captain Daniel P. Morse of the great danger facing him, Bleckley replied "we'll make the delivery or die in the attempt." William Ettinger, an American ambulance driver and eyewitness to Bleckley's last flight, said "I consider it the greatest act of bravery that I've ever seen."

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Bleckley's courage endures and inspires. He may very well be the greatest military figure Wichita has ever produced. Only a handful of American cities have airport displays to a local aviator hero because the opportunities to do so are so rare. Wichita has the opportunity now as never before to venerate this airman and this important link to Wichita's WW1 aviation history.

How can the Air Capital not honor its greatest aviation hero at its own airport? This is an opportunity for visitors passing through Eisenhower to view Bleckley, the DH-4 and his Congressional Medal of Honor. First and last impressions are everlasting. They will never forget what they see at our airport terminal.

The Wichita team is led by native Wichitan Greg Zuercher (an Afghanistan/Iraq War Army Veteran and commander of Erwin R. Bleckley VFW Post 112), native Kansan and Bleckley biographer Doug Jacobs (a retired Army Lt. Colonel), and native Wichitan Captain Grant Schumaker (a retired commercial airline pilot for Eastern and Alaska Airlines).

Bleckley Airport Memorial Board of Directors: Doug Jacobs Grant Schumaker Greg Zuercher (785) 224-1280 (360) 317-4275 (316) 253-3806 mdougjacobs@hotmail.com steamdrivers@gmail.com zgbz7@yahoo.com

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Next three photos: this De Havilland DH-4 Liberty plane was recently restored by Dorian Walker and his team in Bowling Green, Kentucky. It is fully airworthy with an original 400 hp Liberty engine, and is painted in the colors of the aircraft in which Medal of Honor airmen Bleckley and Goettler flew on their last mission. (Steve Ruffin)

Restoring a DH-4: https: //www.youtube.com/watch?v=EMhoGlarvm8

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Next three photos: the Bleckley DH-4 during its initial test flight on May 2, 2020

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The United States possessed no combat-worthy aircraft upon entry into World War I in 1917. Several European aircraft were considered. The British DH-4 was selected because of its comparatively simple construction and its apparent adaptability to mass production. It was also well-suited to the new American 400 horsepower Liberty V-12 engine. American-built DH-4s were dubbed the ‘Liberty plane.’ By war's end, 13 Army Air Service squadrons, five of them bomber squadrons, were equipped with them. In addition, four combined Navy-Marine squadrons were flying DH-4s along the Belgian coast. Of the 4,346 DH-4s built in the United States, 1,213 were delivered to France, but of those, only 696 reached the zone of advance. In the postwar period, the DH-4 was the principal aircraft used by the U.S. Government when air mail service began in 1918. Next two photos: this DH-4 in the National Air and Space Museum collection was the prototype American-built DH-4, manufactured by the Dayton-Wright Airplane Company. This airplane was used in more than 2,600 experiments until its retirement in April 1919. On May 13, 1918, Orville Wright made his last flight as a pilot in a 1911 Wright Model B alongside this DH-4, flown by Howard Max Rinehart. He then made a flight as a passenger in the DH-4 with Rinehart. This is an observation DH-4 at the Looking at Earth gallery at the National Air and Space Museum in Washington, D.C. The observer/gunner/backup pilot is taking pictures - one of the primary missions during the war - which greatly aided commanders on the ground to establish the front line of combat, as well as assess the effectiveness of artillery strikes.

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Below: the somber Mike O’Neal painting Mortal-Immortal depicts the final moments of 50th Aero Squadron pilot/observer Lieutenants Harold E. Goettler and Erwin R. Bleckley, as they enter their final approach towards Allied-held territory. Both died on October 6, 1918 during their second attempt of the day to locate the men of the Lost Battalion. Seconds after pilot Goettler was mortally wounded, the De Havilland DH-4 Liberty plane plunged into an open field in the French lines, 200 meters southwest of Binarville, France. Bleckley died soon afterward from injuries received in the crash. Both men were posthumously awarded the Medal of Honor. They are two of only four U.S. Army Air Service airmen in WWI to receive America’s highest military award for valor. (courtesy Mike O’Neal)

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‘Last Light’ by Russell Smith is a depiction of the historic flight of Lieutenants Harold Goettler and Erwin Bleckley of the 50th Aero Squadron as they attempt to locate and resupply the famous Lost Battalion on Oct. 6, 1918. Goettler and Bleckley put their lives on the line, flying low over the war-torn Argonne Forest through a hail of groundfire to locate the missing troops. Goettler was killed outright by a bullet from below. Bleckley, the observer, managed to fly the heavily damaged DH-4 from the back seat back to allied lines where he subsequently crash landed. Bleckley later died of his wounds. The scene shows Goettler and Bleckley banking low over the Argonne in their DH-4 Liberty plane. Much of the forest shows the devastation of battle while other parts are still intact. The smoke of battle can be seen on the horizon. A hail of groundfire surrounds the aircraft. It was late in the afternoon and the weather was overcast, but a slight break in the clouds somewhere out of the frame rakes the DH-4 with a low level light.

Magazine cover depicting Bleckley and Goettler’s last flight

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‘The Highest Possible Courage’ by John D. Shaw

Binarville, France, October 6, 1918 -- Only four Army Air Service aviators received the Medal of Honor during World War I, half of them for one of the most famous episodes of that terrible conflict - the rescue of the famous Lost Battalion. Second Lieutenant Erwin R. Bleckley, a field artilleryman from the Kansas National Guard, was an aerial observer attached to the Air Service's 50th Aero Squadron. Bleckley and other Guardsmen had volunteered as individuals for aviation duty during the war. He and other members of the 50th Aero Squadron had been assigned to locate and resupply the 1st Battalion, 308th Infantry, 77th Division. The Lost Battalion had been completely cut off and pinned down in a deep ravine by German forces on October 3, 1918, while advancing in the Argonne Forest as part of General John J. Pershing's Meuse-Argonne offensive with 600,000 troops of the American Expeditionary Force. Having failed to locate the ‘doughboys’ on their first mission of the day, Bleckley and his pilot, First Lieutenant Harold E. Goettler, had volunteered for a second. Flying barely above the treetops and steep ravines, they drew intense enemy fire while making several passes over the area where they expected to find the American troops. German machine gunners fired down at the flyers from the ridges above their fragile aircraft as well as from below it. Badly wounded, and with their De Havilland aircraft severely damaged with at least 40 bullet holes in it, they made a forced landing near a French outpost. Goettler was dead when the French troops reached him. Bleckley died before American ambulance driver William Ettinger could transport him to a field hospital. However, his notes from the mission narrowed the search area where the trapped soldiers might be found. Each aviator received the Medal of Honor posthumously for his courage and sacrifice. Their mission underscored the critical importance of observation aviation to allied ground forces during World War I. Erwin Bleckley was the first of three National Guard aviators to receive the Medal of Honor during the twentieth century.

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First mission on Oct. 6, 1918 (in DH-4 #2): Lt. Erwin Bleckley airdrops supplies to the Lost Battalion. Bleckley’s 50th Aero Squadron was the very first unit to conduct resupply missions in US military aviation history.

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50th Aero Squadron somewhere in France, 1918. Bleckley and Goettler’s #2 DH-4 is on the right.

Left: Lt. Erwin Bleckley exhibit at the National Museum of the U.S. Air Force, Wright-Patterson AFB, Dayton, OH. Lt. Frank Luke’s exhibit is to the right of Bleckley’s.

Right: Lt. Erwin R. Bleckley, a U.S. Army Air Service backseat observer/gunner/pilot, manning his Lewis gun.

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Grumman F4F-3 Wildcat on display in O'Hare's Terminal 2, restored in the markings of "Butch" O'Hare's plane

F4F-3 Wildcat - Butch O'Hare Exhibit, O'Hare International Airport: https://www.waymarking.com/gallery/default.aspx?f=1&guid=0f5e7ccb-42b2-43fb-a0ae-0452a259a30a&gid=2

A SPAD XIII painted to represent the one flown by Frank Luke, Jr. The plane is approximately 80% original parts from several aircraft. It is one of five surviving today and is on display in Terminal 3 of Phoenix's Sky Harbor Airport.

Lt. Frank Luke Jr. Memorial in front of the Arizona State Capital: http://ww1mproject.org/items/show/1250

`

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CMB’S FOR June 16, 2020

Renew 2020 Consumption On PremisesOscar Valdez Birrieria Tito, LLC** 2815 S. Hydraulic

New 2020 Consumption Off PremisesHimali Joshi Canterberry Mart*** 5805 W. Kellogg

Renew 2020 Consumption Off PremisesHanif Lakhani Jump Start #4*** 12728 E. Central AveMizanur Sorker Express Mart*** 565 S. Market St

** General/Restaurant (need 50% or more gross revenue from sale of food)*** Retailer (Grocery stores, convenience stores, etc.)

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448-90619 E3032( 735660) 47112413 District II

To be Bid: June 12, 2020

PRELIMINARY ESTIMATE of the cost of:

Water Distribution System to serve The Ranch Addition, Phase 2

south of 21st Street North, east of 159th Street East)

AD work done and all materials furnished to be in accordance with plans and specifications

on file in the office of the City Engineer.

LUMP SUM BID ITEMS - E3032- GROUP 1

1 Maintain Existing BMPs 1 LS 500.00 500.00

2 Seeding 1 LS 2, 500.00 2, 500.00

3 Site Clearing 1 LS 3, 000.00 3,000.00

4 Site Restoration 1 LS 4, 526.00 4, 526.00

MEASURED QUANTITY BID ITEMS - E3032 - GROUP 1

5 Pipe, WL 6" 419 If 22.00 9,218.00

6 Pipe, WL 8" 741 If 24.00 17, 784.00

7 Fire Hydrant Assembly 2 ea 3, 500.00 7, 000.00

8 Valve Assembly, Blowoff 2" 1 ea 1, 000.00 1, 000 00

Construction Subtotal 45, 528.00

Design Fee 5, 900.00

Engineering& Inspection 11, 382.00

Administration 1, 890.00

Publication 200.00

Total Estimated Cost 64, 900.00

CITY OF WICHITA)

STATE OF KANSAS) SS

I do solemnly swear that the above amount is correct, reasonable and just.

Janzen, P. E., City Engineer

Sworn to and subscribed before me this

DATE)

City Clerk

47112413 E3032( 735660) 448- 90619

Page EXHIBIT

160

468-2019-015116 E9116( 744526) 47260619 District II

To be Bid: June 12, 2020

PRELIMINARY ESTIMATE of the cost of:

Sanitary Sewer to serve the Ranch Addition, Phase 2south of 21st Street North, east of 159th Street East)

All work done and all materials furnished to be in accordance with plans and specifications

on file in the office of the City Engineer.

LUMP SUM BID ITEMS - E9116 - GROUP 2

1 Seeding 1 LS 1. 00 1. 00

2 Maintain Existing BMPs 1 LS 1. 00 1. 00

3 Site Clearing 1 LS 1. 00 1. 00

4 Site Restoration 1 LS 1. 00 1. 00

MEASURED QUANTITY BID ITEMS - E9116- GROUP 2

5 Pipe, SS 8" 1. 476 If 24. 00 35.424. 00

6 Pipe Stub, 8" 1 ea 1. 00 1. 00

7 Riser Assembly 8", Cleanout 3 ea 1. 00 3. 00

8 Riser Assembly 4", Manhole Stub 4 ea 445. 00 1, 780. 00

9 Riser Assembly 4", Vertical 6 ea 1, 000. 00 6,000. 00

10 Riser Assembly 4", Wye 6 ea 1, 000. 00 6,000. 00

11 MH, Standard SS ( 4') 1 ea 1. 00 1. 00

12 MH, Standard SS ( 5') 5 ea 3, 500.00 17, 500.00

13 Fill, Flowable 144 If 120. 00 17,280. 00

14 Air Testing, SS Pipe 1, 476 If 1. 00 1, 476. 00

15 MH, Joint Wrap 176 If 1. 00 176.00

16 Fill, Sand ( Flushed & Vibrated) 1, 205 If 25. 00 30, 125. 00

17 BMP, Construction Entrance 1 ea 3. 00 3. 00

Construction Subtotal 115, 773.00

Design Fee 12, 700.00

Engineering& Inspection 17, 366.00

Administration 4, 381. 00

Publication 200.00

Total Estimated Cost 150,420.00

CITY OF WICHITA)

STATE OF KANSAS) SS

I do solemnly swear that the above amount is correct, reasonable and just.

Gary Janzen, P. E., City Engineer

Sworn to and subscribed before me this

DATE)

City Clerk

47260619 E9116(744526) 468- 2019-015116

Page EXHIBIT

161

468-2019-023955 E0004( 744519) 47261220 District VI

To be Bid: June 12, 2020

PRELIMINARY ESTIMATE of the cost of:

Sanitary Sewer to serve Northgate 3rd Additionnorth of 53rd Street North, west of Meridian Ave.)

All work done and all materials furnished to be in accordance with plans and specifications

on file in the office of the City Engineer.

LUMP SUM BID ITEMS

1 Dewatering 1 LS 9,000.00 9, 000.00

2 Seeding 1 LS 9, 000. 00 9, 000.00

3 Site Clearing 1 LS 5, 000. 00 5,000.00

4 Site Restoration 1 LS 9,000. 00 9, 000.00

5 Maintain Existing BMPs 1 LS 9, 000. 00 9, 000.00

MEASURED QUANTITY BID ITEMS

6 Pipe, SS 8" 1, 456 If 27. 00 39, 312.00

7 Riser Assembly 4", Manhole Stub 8 ea 1, 200. 00 9, 600.00

8 Riser Assembly 4", Vertical 7 ea 1, 200. 00 8, 400. 00

9 MH, Standard SS (4') 8 ea 4,000.00 32, 000.00

10 Pipe Stub, 8" 2 ea 1, 000. 00 2, 000.00

11 MH Adjusted w/o New Ring & Cover 3 ea 1, 200. 00 3,600.00

12 MH, Connect to existing 1 ea 1, 000. 00 1, 000.00

13 Fill, Flowable 86 If 60. 00 5, 160. 00

14 Air Testing, SS Pipe 1, 456 If 1. 20 1, 747. 20

15 MH, Joint Wrap 16 If 10. 00 160. 00

16 BMP, Construction Entrance 1 ea 500.00 500. 00

Construction Subtotal 144,479. 20

Design Fee 20, 400. 00

Engineering& Inspection 21, 671. 88

Administration 7, 747. 00

Publication 200. 00

Total Estimated Cost 194,498. 08

CITY OF WICHITA)

STATE OF KANSAS) SS

I do solemnly swear that the above amount is correct, reasonable and just.

Gary Janzen, P. E., City Engineer

Sworn to and subscribed before me this

DATE)

City Clerk47261220 E0004(744519) 468-2019-023955

Page EXHIBIT

162

468-2019-010208 E9105( 744516) 47260919 District II

To be Bid: June 12. 2020

PRELIMINARY ESTIMATE of the cost of:

Sanitary Sewer Extension to serve a Portion of Bradley Fair 3rd Additionsouth of E 21st Street North , east of N Rock Rd)

All work done and all materials furnished to be in accordance with plans and specifications

on file in the office of the City Engineer.

LUMP SUM BID ITEMS

1 Site Clearing 1 LS 3, 975. 00 3, 975. 002 Site Restoration 1 LS 16, 263.00 16, 263. 00

MEASURED QUANTITY BID ITEMS

3 MH, Standard SS ( 4') 1 ea 7, 500.00 7, 500. 004 MH, Connect to Exist( Const. Outside Drop) 1 ea 10, 000. 00 10, 000. 005 Pipe. SS 8" 142 If 50. 00 7, 100. 00

6 Pipe, Casing ( 18" ID min.) 112 If 200. 00 22, 400. 00

7 Riser Assembly 6", Vertical 1 ea 2, 000. 00 2, 000.008 Bore Pit Pvmt. Removed& Replaced 23 sy 350. 00 8, 050.009 Receiving Pit Pvmt. Removed& Replaced 23 sy 400.00 9,200.00

10 Air Testing, SS Pipe 142 If 5. 00 710.00

Construction Subtotal 87, 198.00

Design Fee 12, 1 05.00

Engineering & Inspection 16, 905.00

Administration 3, 492.00Publication 200.00

Total Estimated Cost 119, 900.00

CITY OF WICHITA)

STATE OF KANSAS) SS

I do solemnly swear that the above amount is correct, reasonable and just.

git.Gary Janzen, P. E., City Engineer

Sworn to and subscribed before me thisDATE)

City Clerk47260919 E9105(744516) 468-2019-010208

Page EXHIBIT

163

468-2020-004792 50002 53200020 District V

To be Bid: June 12, 2020

PRELIMINARY ESTIMATE of the cost of:

Plant 3 Gravity Influent Pipe & MH RepairsSewage Treatment Plant No. 3

All work done and all materials furnished to be in accordance with plans and specifications

on file in the office of the City Engineer.

LUMP SUM BID ITEMS

1 Mobilization 1 LS 50, 000.00 50, 000.00

2 Site Clearing 1 LS 5, 000.00 5, 000.00

3 Site Restoration 1 LS 8, 500.00 8, 500.00

4 Seeding 1 LS 1, 500.00 1, 500.00

5 Existing System Abandoned in Place 1 LS 30, 000.00 30, 000.00

MEASURED QUANTITY BID ITEMS

6 Pipe, SS 12" 133 If 200.00 26, 600.00

7 MH, Standard SS ( 5'), Lined 1 ea 15, 000.00 15, 000.00

8 MH, Doghouse ( 5'), Lined 1 ea 15, 000.00 15, 000.00

9 Fill, Sand ( Flushed & Vibrated) 133 If 20.00 2, 660.00

10 Concrete Pavement Removed& Replaced 228 sy 200.00 45, 600.00

11 AC Pavement Removed& Replaced 111 sy 145.00 16, 095 00

12 Light Pole Relocation 1 ea 12, 000.00 12, 000.00

13 Pipe, Connect to Existing 1 ea 50, 000.00 50, 000.00

14 30" Pipe Plug 1 ea 20, 000.00 20, 000.00

15 Air Testing, SS Pipe 133 If 4. 00 532.00

16 BMP, Drop Inlet Protection 2 ea 500.00 1, 000.00

17 Manhole Joint Wrap 35 If 200.00 7, 000.00

ADD ALTERNATE

18 Manhole Liner and Floor Rehabilitation 1 LS 0. 00 0. 00

Construction Subtotal 306,487.00

Design 20, 500.00

Engineering & Inspection 20, 013.00

Administration 2, 000.00

Publication 1, 000.00

Total Estimated Cost 350,000.00

CITY OF WICHITA)

STATE OF KANSAS) SS

I do solemnly swear that the above amount is correct. reasonable and just.

k2) 4AA—Gary Janzen, P. E., City Engineer

Sworn to and subscribed before me this

DATE)

City Clerk53200020 S0002 468-2020-004792

Page EXHIBIT

164

THE CITY OF WICHITA Wichita, Kansas Department of Public Works

NOT TO BE ADVERTISED PRELIMINARY ESTIMATES

FOR CITY COUNCIL JUNE 16, 2020

PRELIMINARY ESTIMATE of the cost of paving improvements to serve Courtyards of Brookfield Additions, (south of 37th Street North, east of Greenwich Road) (District II) (472-85349/E9046/47462519) – Total Estimated Cost $1,072,500.

165

To the City Council Date of CC 05/26/2020 Wichita, Kansas (PROJ/ORG) E9046/47462519 (ENG PROJ) 472-85349

THIS PROJECT IS NOT TO BE ADVERTISED FOR BIDS

PRELIMINARY ESTIMATE of the cost of paving improvements to serve Courtyards at Brookfield Additions (District II). All work done and all materials furnished to be in accordance with plans and specifications on file in the office of the City Engineer. Total Estimated Cost $1,072,500 CITY OF WICHITA STATE OF KANSAS) SS I do solemnly swear that the above amount is correct, reasonable and just. _______________________________ Gary Janzen, City Engineer Sworn to and subscribed before me this 26th day of May. _____________________________ __________________________ City Clerk

166

Page ______ Exhibit _________ PRELIMINARY ESTIMATE of the cost of paving improvements to serve Courtyards at Brookfield Addition, (south of 37st Street North, east of Greenwich Road) (District II (472-85349/E9046/47462519) – Total Estimated Cost $1,072,500.

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____ Exhibit _________

168

Agenda Item No. II-3a

City of WichitaCity Council Meeting

June 16, 2020

TO: Mayor and City Council

SUBJECT: Petitions for Improvements to Serve Clear Creek 4th Addition (District II)

INITIATED BY: Department of Public Works & Utilities

AGENDA: Consent

Recommendation: Approve the petitions and budgets, and adopt the resolutions.

Background: The petitions are a requirement for new development and are valid per Kansas Statute 12-6a01. The signatures on the petitions represent 100% of the improvement district.

Analysis: The projects will provide water, sanitary sewer and paving improvements required for a newresidential development located south of Kellogg and west of 143rd Street East.

Financial Considerations: The petition total for the water improvements is $80,000. The petition total for the sanitary sewer improvements is $151,000. The petition total for the paving improvements is $500,000. The funding source for the projects is 100% special assessment.

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

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

Attachments: Petitions and resolutions.

169

PETITION 44$ 2020- 01323/

Water—Clear Creek 4th Addition to Wichita, Kansas

TO: The Mayor and City Council( the" Governing Body")City ofWichita, Kansas

1. The undersigned, being the owners of record of more than one-half of the area liable forassessment set forth below for the proposed improvements of the City of Wichita, Kansas ( the " City"), dohereby request that said improvements be made in the manner provided by K.S.A. 12- 6a01 et seq.

a) The improvements proposed to be made are as follows( the" Improvements"):

Construction of a water distribution system, including necessary water mains, pipes, valves,hydrants, and appurtenances to serve the Improvement District defined below.

The Improvements shall be constructed in accordance with City standards and plans andspecifications prepared or approved by the City Engineer.

b) The estimated or probable cost of the proposed Improvements is: Eighty Thousand80,000), exclusive of interest on financing and administrative and financing costs; said estimated amount

to be increased at the pro rata rate of 1 percent per month from and after the date of submission of this Petition

to the City. If expenses have been incurred for the Improvements and construction has not started withintwo years of the initial design contract, the Improvements will be deemed abandoned and expenses incurred

to date will be assessed against property in the Improvement District defined below in accordance with theprovisions hereof.

c) The extent of the proposed improvement district( the" Improvement District") to be assessed

for the costs of the proposed Improvements is:

Lots 1- 18, Block A; Lots 1- 2, Block B; Lots 10- 17, Block C

Clear Creek 4th Addition

d) The proposed method of assessment is: equally per lot( 28 lots).

In the event all or part of the lots or parcels in the proposed Improvement District are reconfigured

before or after assessments have been levied, the assessments against the replatted area shall be recalculated

on a square foot basis or per the terms of a respread agreement submitted to the City of Wichita.

e) The proposed apportionment of the cost of the Improvements, between the Improvement

District and the City at large, is: 100% to be assessed against the Improvement District and 0% to be paid bythe City-at-large.

f) The payment of assessments proposed to be imposed hereunder may be indefinitely deferredagainst those property owners eligible for deferral pursuant to the City' s Special Assessment DeferralProgram.

g) The undersigned acknowledge that property within the proposed Improvement District issubject to benefit fees to be imposed as a result of previously constructed water main improvements that

170

benefit the property within the proposed Improvement District. Such benefit fees shall be imposed pursuantto K.S. A. 12- 6a19, in the following manner: $ 17,220 assessed to be assessed as follows:

Lots 1- 18, Block A; Lots 1- 2, Block B; Lots 10- 17, Block C; Clear Creek 4th Addition, Wichita, Sedgwick

County Kansas shall each pay Six Hundred Fifteen Dollars($ 615.00).

2. It is further requested that the proposed Improvements be made without notice and hearingas required by the Act.

3. Ifthe Improvements are:( i) abandoned, altered and/ or constructed privately, in part or whole,precluding the building of the Improvement under the authority of this Petition and the Act; or ( ii) it isnecessary for the City to redesign, repair or reconstruct the Improvements after its initial design and/ orconstruction because the design and/or construction does not meet the requirements of City code provisions;any costs incurred by the City as a result of submission of this Petition shall be assessed to property withinthe proposed Improvement District in accordance with the provisions hereof.

4. Names may not be withdrawn from this Petition by the signers hereof after the GoverningBody commences consideration of this Petition, or, later than seven( 7) days after the filing hereof,whicheveroccurs fast.

5. The Governing Body is further requested to proceed with adoption of a resolution authorizingthe Improvements and establishing the Improvement District in accordance with the Act and the constructionof the Improvements in an expeditious manner.

Property Owned WithinSi. nature Dated Proposed Improvement District

Lots 1- 18, Block A; Lots 1- 2, Block B; Lots

10- 17, Block C

Clear Creek 4th Addition

THIS PETITION was filed in my office on / D

City Clerk

TY Ka.

7

171

cit

Abp)- Za7 - 01Z7° 7

PETITION

Sanitary Sewer—Clear Creek 4th Addition, Wichita, Kansas

TO: The Mayor and City Council( the" Governing Body")City of Wichita, Kansas

1. The undersigned, being the owners of record of more than one-half of the area liable forassessment set forth below for the proposed improvements of the City of Wichita, Kansas ( the " City"), dohereby request that said improvements be made in the manner provided by K.S.A. 12- 6a01 et seq.

a) The improvements proposed to be made are as follows( the" Improvements"):

Construction of a lateral sanitary sewer, including necessary sewer mains and appurtenances toserve the Improvement District defined below.

The Improvements shall be constructed in accordance with City standards and plans andspecifications prepared or approved by the City Engineer.

b) The estimated or probable cost of the proposed Improvements is: One Hundred Fifty-OneThousand Dollars($ 151, 000), exclusive of interest on financing and administrative and financing costs; saidestimated amount to be increased at the pro rata rate of 1 percent per month from and after the date of

submission of this Petition to the City. Ifexpenses have been incurred for the Improvements and constructionhas not started within two years of the initial design contract, the Improvements will be deemed abandoned

and expenses incurred to date will be assessed against property in the Improvement District defined belowin accordance with the provisions hereof.

c) The extent of the proposed improvement district( the" Improvement District") to be assessed

for the costs of the proposed Improvements is:

Lots 1- 18, Block A; Lots 1- 2, Block B; Lots 10- 17, Block C

Clear Creek 4th Addition

d) The proposed method of assessment is: on a fractional basis as described below.

The total assessment shall be divided into 28 equal shares.

In the event all or part of the lots or parcels in the proposed Improvement District are reconfigured

before or after assessments have been levied, the assessments against the replatted area shall be recalculated

on a square foot basis or per the terms of a respread agreement submitted to the City of Wichita.

e) The proposed apportionment of the cost of the Improvements, between the Improvement

District and the City at large, is: 100% to be assessed against the Improvement District and 0% to be paid bythe City-at-large.

f) The payment of assessments proposed to be imposed hereunder may be indefinitely deferredagainst those property owners eligible for deferral pursuant to the City' s Special Assessment DeferralProgram.

g) The undersigned acknowledge that property within the proposed Improvement District is subject tobenefit fees to be imposed as a result ofpreviously constructed sanitary sewer main improvements that benefit

172

the property within the proposed Improvement District. Such benefit fees shall be imposed pursuant toK.S.A. 12- 6a19, in the following manner: $ 24,220 assessed to be assessed as follows:

Lots 1- 18, Block A; Lots 1- 2, Block B; Lots 10- 17, Block C; Clear Creek 4th Addition, Wichita, Sedgwick

County Kansas shall each pay Eight Hundred Sixty-Five Dollars($ 865.00).

2. It is further requested that the proposed Improvements be made without notice and hearingas required by the Act.

3. If the Improvements are:( i) abandoned, altered and/ or constructed privately, in part or whole,precluding the building of the Improvement under the authority of this Petition and the Act; or ( ii) it isnecessary for the City to redesign, repair or reconstruct the Improvements after its initial design and/orconstruction because the design and/ or construction does not meet the requirements ofCity code provisions;any costs incurred by the City as a result of submission of this Petition shall be assessed to property withinthe proposed Improvement District in accordance with the provisions hereof.

4. Names may not be withdrawn from this Petition by the signers hereof after the GoverningBody commences consideration ofthis Petition, or, later than seven( 7) days after the filing hereof, whicheveroccurs first.

5. The Governing Body is further requested to proceed with adoption ofa resolution authorizingthe Improvements and establishing the Improvement District in accordance with the Act and the constructionof the Improvements in an expeditious manner.

Property Owned WithinSignature Dated Proposed Improvement District

Lots 1- 18, Block A; Lots 1- 2, Block B; LotsJ 10- 17, Block C

Clear Creek 4th Addition

THIS PETITION was filed in my office on ( l J

ii___„162.._er..„_______. j_z_)____frce..... .„

N City Clerk

y;

2

173

t{' 1 Z . ZoWo - cy8S6 iPETITION

Pavement—Clear Creek 4th Addition to Wichita, Kansas

TO: The Mayor and City Council( the" Governing Body")City ofWichita, Kansas

1. The undersigned, being the owners of record of more than one-half of the area liable forassessment set forth below for the proposed improvements of the City of Wichita, Kansas ( the " City"), dohereby request that said improvements be made in the manner provided by K.S.A. 12- 6a01 et seq.

a) The improvements proposed to be made are as follows( the" Improvements"):

Construction of pavement on Laguna from the Northeast Property Line of Lot 17, Block C, ClearCreek 4th Addition to the West Property Line of Lot 10, Block C, Clear Creek 4th Addition, and LagunaCourt from the East Line of Laguna to and including cul-de- sac, with drainage to be installed wherenecessary. A sidewalk shall be constructed on one side of Laguna.

The Improvements shall be constructed in accordance with City standards and plans andspecifications prepared or approved by the City Engineer.

b) The estimated or probable cost of the proposed Improvements is: Five Hundred Thousand

dollars($ 500,000), exclusive of interest on financing and administrative and financing costs; said estimatedamount to be increased at the pro rata rate of 1 percent per month from and after the date of submission of this

Petition to the City. If expenses have been incurred for the Improvements and construction has not startedwithin two years of the initial design contract, the Improvements will be deemed abandoned and expenses

incurred to date will be assessed against property in the Improvement District defined below in accordancewith the provisions hereof.

In the event all or part of the lots or parcels in the proposed Improvement District are reconfiguredbefore or after assessments have been levied, the assessments against the replatted area shall be recalculated

on a square foot basis or per the terms of a respread agreement submitted to the City ofWichita.

c) The extent of the proposed improvement district( the" Improvement District") to be assessed

for the costs of the proposed Improvements is:

Lots 1- 18, Block A; Lots 1- 2, Block B; Lots 10- 17, Block C

Clear Creek 4`h Addition

d) The proposed method of assessment is: equally per lot( 28 lots).

In the event that the driveway approaches and curb cuts are not included within the scope of theImprovements and the estimated cost thereof as set forth in subsection( b) above, the costs of such drivewayapproaches and curb cuts so constructed shall be directly assessed to the property benefitted thereby inaddition to the assessments levied for the Improvements.

e) The proposed apportionment of the cost of the Improvements, between the Improvement

District and the City at large, is: 100% to be assessed against the Improvement District and 0% to be paid bythe City-at- large.

B- 1

174

t) The payment of assessments proposed to be imposed hereunder may be indefinitely deferredagainst those property owners eligible for deferral pursuant to the City' s Special Assessment DeferralProgram.

2. It is further requested that the proposed Improvements be made without notice and hearingas required by the Act.

3. If the Improvements are:( i) abandoned, altered and/or constructed privately, in part or whole,precluding the building of the Improvement under the authority of this Petition and the Act; or ( ii) it isnecessary for the City to redesign, repair or reconstruct the Improvements after its initial design and/ orconstruction because the design and/ or construction does not meet the requirements ofCity code provisions;any costs incurred by the City as a result of submission of this Petition shall be assessed to property withinthe proposed Improvement District in accordance with the provisions hereof.

4. Names may not be withdrawn from this Petition by the signers hereof after the GoverningBody commences consideration of this Petition, or, later than seven( 7) days after the filing hereof,whicheveroccurs first.

5. The Governing Body is further requested to proceed with adoption ofa resolution authorizingthe Improvements and establishing the Improvement District in accordance with the Act and the constructionof the Improvements in an expeditious manner.

Property Owned WithinSignature Dated Proposed Improvement District

Lots 1- 18, Block A; Lots 1- 2, Block B;

ALots 10- 17, Block C

rrClearCreek 4th Addition

THIS PETITION was filed in my office on

y City Clerk

B- 2

175

132019

(Published in the Wichita Eagle, on June 19, 2020)

RESOLUTION NO. 20-167

A RESOLUTION DETERMINING THE ADVISABILITY OF THE MAKING OF CERTAIN INTERNAL IMPROVEMENTS IN THE CITY OF WICHITA, KANSAS; MAKING CERTAIN FINDINGS WITH RESPECT THERETO; AND AUTHORIZING AND PROVIDING FOR THE MAKING OF THE IMPROVEMENTS IN ACCORDANCE WITH SUCH FINDINGS (SANITARY SEWER – CLEAR CREEK 4TH ADDITION/SOUTH OF EAST KELLOGG DRIVE, WEST OF SOUTH 143RD STREET EAST) (468-2020-012797).

WHEREAS, a petition (the “Petition”) was filed with the City Clerk of the City of Wichita, Kansas (the "City") proposing certain internal improvements; and said Petition sets forth: (a) the general nature of the proposed improvements; (b) the estimated or probable cost of the proposed improvements; (c) the extent of the proposed improvement district to be assessed for the cost of the proposed improvements; (d) the proposed method of assessment; (e) the proposed apportionment of the cost between the improvement district and the City at large; and (f) a request that such improvements be made without notice and hearing as required by K.S.A. 12-6a01 et seq. (the "Act"); and

WHEREAS, K.S.A. 12-6a19 provides that whenever the construction of any water, stormwater, sanitary sewer or arterial street improvement is initiated by petition pursuant to the Act, the City may require the imposition of a benefit fee on property which is benefitted by such improvements but was not included within the original improvement district established for the levy of special assessments for such improvements; and

WHEREAS, the Petition contains a request that the City create an area for which benefit fees will be imposed pursuant to K.S.A. 12-6a19; and

WHEREAS, the City Council (the “Governing Body”) of the City hereby finds and determines that said Petition was signed by the owners of record of more than one-half of the area liable for assessment for the proposed improvements, and is therefore sufficient in accordance with the provisions of the Act.

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

Section 1. Findings of Advisability. The Governing Body hereby finds and determines that:

(a) The improvements proposed to be made are as follows (the “Improvements”):

Construction of a lateral sanitary sewer, including necessary sewer mains and appurtenances to serve the Improvement District defined below.

(b) The estimated or probable cost of the proposed Improvements is: One Hundred Fifty-One Thousand Dollars ($151,000), exclusive of interest on financing and administrative and financing costs; said estimated amount to be increased at the pro rata rate of 1 percent per month from and after the date of submission of the Petition to the City. If expenses have been incurred for the Improvements and construction has not started within two years of the initial design contract, the Improvements will be deemed abandoned and expenses incurred to date will be assessed against property in the Improvement District defined below in accordance with the provisions hereof.

176

(c) The extent of the proposed improvement district (the “Improvement District”) to be assessed for the costs of the proposed Improvements is:

Lots 1-18, Block A; Lots 1-2, Block B; Lots 10-17, Block C Clear Creek 4th Addition

(d) The proposed method of assessment is: on a fractional basis as described below.

The total assessment shall be divided into 28 equal shares.

In the event all or part of the lots or parcels in the proposed Improvement District are reconfigured before or after assessments have been levied, the assessments against the replatted area shall be recalculated on a square foot basis or per the terms of a respread agreement submitted to the City of Wichita.

(e) The apportionment of the cost of the Improvements, between the Improvement District and the City at large, is: 100% to be assessed against the Improvement District and 0% to be paid by the City-at-large.

(f) The payment of assessments to be imposed hereunder may be indefinitely deferred against those property owners eligible for deferral pursuant to the City’s Special Assessment Deferral Program.

(g) The property within the proposed Improvement District is subject to benefit fees to be imposed as a result of previously constructed sewer main improvements that benefit the property within the proposed Improvement District. Such benefit fees shall be imposed pursuant to K.S.A. 12-6a19, in the following manner: $24,220, assessed to be assessed as follows.

Lots 1-18, Block A; Lots 1-2, Block B; Lots 10-17, Block C; Clear Creek 4th Addition, Wichita, Sedgwick County Kansas shall each pay Eight Hundred Sixty-Five Dollars ($865.00).

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

Section 3. Plans and Specifications. The City Engineer shall prepare plans and specifications for said Improvements and a preliminary estimate of cost therefore, which plans, specifications and estimate shall be presented to the Governing Body for its approval.

Section 4. Bond Authority; Reimbursement. The Act provides for the Improvements to be paid by the issuance of general obligation bonds or special obligation bonds of the City (the "Bonds"). The Bonds may be issued to reimburse expenditures made on or after the date which is 60 days before the date of this Resolution, pursuant to Treasury Regulation § 1.150-2.

Section 5. Effective Date. This Resolution shall be effective upon adoption. This Resolution shall be published one time in the official City newspaper, and shall also be filed of record in the office of the Register of Deeds of Sedgwick County, Kansas.

177

ADOPTED by the City Council of the City of Wichita, Kansas, on June 16, 2020.

(SEAL)Brandon J. Whipple, Mayor

ATTEST:

Karen Sublett, City Clerk

APPROVED AS TO FORM:

Jennifer Magaña, City Attorney and Director of Law

178

132019

(Published in the Wichita Eagle, on June 19, 2020)

RESOLUTION NO. 20-168

A RESOLUTION DETERMINING THE ADVISABILITY OF THE MAKING OF CERTAIN INTERNAL IMPROVEMENTS IN THE CITY OF WICHITA, KANSAS; MAKING CERTAIN FINDINGS WITH RESPECT THERETO; AND AUTHORIZING AND PROVIDING FOR THE MAKING OF THE IMPROVEMENTS IN ACCORDANCE WITH SUCH FINDINGS (WATER –CLEAR CREEK 4TH ADDITION/SOUTH OF EAST KELLOGG DRIVE, WEST OF SOUTH 143RD STREET EAST) (448-2020-013231).

WHEREAS, a petition (the “Petition”) was filed with the City Clerk of the City of Wichita, Kansas (the "City") proposing certain internal improvements; and said Petition sets forth: (a) the general nature of the proposed improvements; (b) the estimated or probable cost of the proposed improvements; (c) the extent of the proposed improvement district to be assessed for the cost of the proposed improvements; (d) the proposed method of assessment; (e) the proposed apportionment of the cost between the improvement district and the City at large; and (f) a request that such improvements be made without notice and hearing as required by K.S.A. 12-6a01 et seq. (the "Act"); and

WHEREAS, K.S.A. 12-6a19 provides that whenever the construction of any water, stormwater, sanitary sewer or arterial street improvement is initiated by petition pursuant to the Act, the City may require the imposition of a benefit fee on property which is benefitted by such improvements but was not included within the original improvement district established for the levy of special assessments for such improvements; and

WHEREAS, the Petition contains a request that the City create an area for which benefit fees will be imposed pursuant to K.S.A. 12-6a19; and

WHEREAS, the City Council (the “Governing Body”) of the City hereby finds and determines that said Petition was signed by the owners of record of more than one-half of the area liable for assessment for the proposed improvements, and is therefore sufficient in accordance with the provisions of the Act.

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

Section 1. Findings of Advisability. The Governing Body hereby finds and determines that:

(a) The improvements proposed to be made are as follows (the “Improvements”):

Construction of a water distribution system, including necessary water mains, pipes, valves, hydrants, and appurtenances to serve the Improvement District defined below.

(b) The estimated or probable cost of the proposed Improvements is: Eighty Thousand($80,000), exclusive of interest on financing and administrative and financing costs; said estimated amount to be increased at the pro rata rate of 1 percent per month from and after the date of submission of the Petition to the City. If expenses have been incurred for the Improvements and construction has not started within two years of the initial design contract, the Improvements will be deemed abandoned and expenses incurred to date will be assessed against property in the Improvement District defined below in accordance with the provisions hereof.

179

(c) The extent of the proposed improvement district (the “Improvement District”) to be assessed for the costs of the proposed Improvements is:

Lots 1-18, Block A; Lots 1-2, Block B; Lots 10-17, Block CClear Creek 4th Addition

(d) The proposed method of assessment is: equally per lot (28 lots).

In the event all or part of the lots or parcels in the proposed Improvement District are reconfigured before or after assessments have been levied, the assessments against the replatted area shall be recalculated on a square foot basis or per the terms of a respread agreement submitted to the City of Wichita.

(e) The apportionment of the cost of the Improvements, between the Improvement District and the City at large, is: 100% to be assessed against the Improvement District and 0% to be paid by the City-at-large.

(f) The payment of assessments to be imposed hereunder may be indefinitely deferred against those property owners eligible for deferral pursuant to the City’s Special Assessment Deferral Program.

(g) The property within the proposed Improvement District is subject to benefit fees to be imposed as a result of previously constructed water main improvements that benefit the property within the proposed Improvement District. Such benefit fees shall be imposed pursuant to K.S.A. 12-6a19, in the following manner: $17,220 assessed to be assessed as follows:

Lots 1-18, Block A; Lots 1-2, Block B; Lots 10-17, Block C; Clear Creek 4th Addition, Wichita Sedgwick County Kansas shall each pay Six Hundred Fifteen Dollars ($615.00).

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

Section 3. Plans and Specifications. The City Engineer shall prepare plans and specifications for said Improvements and a preliminary estimate of cost therefore, which plans, specifications and estimate shall be presented to the Governing Body for its approval.

Section 4. Bond Authority; Reimbursement. The Act provides for the Improvements to be paid by the issuance of general obligation bonds or special obligation bonds of the City (the "Bonds"). The Bonds may be issued to reimburse expenditures made on or after the date which is 60 days before the date of this Resolution, pursuant to Treasury Regulation § 1.150-2.

Section 5. Effective Date. This Resolution shall be effective upon adoption. This Resolution shall be published one time in the official City newspaper, and shall also be filed of record in the office of the Register of Deeds of Sedgwick County, Kansas.

180

ADOPTED by the City Council of the City of Wichita, Kansas, on June 16, 2020.

(SEAL)Brandon J. Whipple, Mayor

ATTEST:

Karen Sublett, City Clerk

APPROVED AS TO FORM:

Jennifer Magaña, City Attorney and Director of Law

181

132019

(Published in the Wichita Eagle, on June 19, 2020)

RESOLUTION NO. 20-169

A RESOLUTION DETERMINING THE ADVISABILITY OF THE MAKING OF CERTAIN INTERNAL IMPROVEMENTS IN THE CITY OF WICHITA, KANSAS; MAKING CERTAIN FINDINGS WITH RESPECT THERETO; AND AUTHORIZING AND PROVIDING FOR THE MAKING OF THE IMPROVEMENTS IN ACCORDANCE WITH SUCH FINDINGS (PAVING –CLEAR CREEK 4TH ADDITION/SOUTH OF EAST KELLOGG DRIVE, WEST OF SOUTH 143RD STREET EAST) (472-2020-085612).

WHEREAS, a petition (the “Petition”) was filed with the City Clerk of the City of Wichita, Kansas (the "City") proposing certain internal improvements; and said Petition sets forth: (a) the general nature of the proposed improvements; (b) the estimated or probable cost of the proposed improvements; (c) the extent of the proposed improvement district to be assessed for the cost of the proposed improvements; (d) the proposed method of assessment; (e) the proposed apportionment of the cost between the improvement district and the City at large; and (f) a request that such improvements be made without notice and hearing as required by K.S.A. 12-6a01 et seq., (the "Act"); and

WHEREAS, the City Council (the “Governing Body”) of the City hereby finds and determines that said Petition was signed by the owners of record of more than one-half of the area liable for assessment for the proposed improvements, and is therefore sufficient in accordance with the provisions of the Act.

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

Section 1. Findings of Advisability. The Governing Body hereby finds and determines that:

(a) The improvements proposed to be made are as follows (the "Improvements"):

Construction of pavement on Laguna from the Northeast Property Line of Lot 17, Block C, Clear Creek 4th Addition to the West Property Line of Lot 10, Block C, Clear Creek 4th Addition, and Laguna Court from the East Line of Laguna to and including cul-de-sac, with drainage to be installed where necessary. A sidewalk shall be constructed on one side of Laguna.

b) The estimated or probable cost of the proposed Improvements is: Five Hundred Thousand Dollars ($500,000), exclusive of interest on financing and administrative and financing costs; said estimated amount to be increased at the pro rata rate of 1 percent per month from and after the date of submission of the Petition to the City. If expenses have been incurred for the Improvements and construction has not started within two years of the initial design contract, the Improvements will be deemed abandoned and expenses incurred to date will be assessed against property in the Improvement District defined below in accordance with the provisions hereof.

In the event all or part of the lots or parcels in the proposed Improvement District are reconfigured before or after assessments have been levied, the assessments against the replatted area shall be recalculated on a square foot basis or per the terms of a respread agreement submitted to the City of Wichita.

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

182

Lots 1-18, Block A; Lots 1-2, Block B; Lots 10-17, Block CClear Creek 4th Addition

(d) The proposed method of assessment is: equally per lot (28 lots).

In the event that the driveway approaches and curb cuts are not included within the scope of the Improvements and the estimated cost thereof as set forth in subsection (b) above, the costs of such driveway approaches and curb cuts so constructed shall be directly assessed to the property benefitted thereby in addition to the assessments levied for the Improvements.

(e) The apportionment of the cost of the Improvements, between the Improvement District and the City at large, is: 100% to be assessed against the Improvement District and 0% to be paid by the City-at-large.

(f) The payment of assessments to be imposed hereunder may be indefinitely deferred against those property owners eligible for deferral pursuant to the City’s Special Assessment Deferral Program.

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

Section 3. Plans and Specifications. The City Engineer shall prepare plans and specifications for said Improvements and a preliminary estimate of cost therefore, which plans, specifications and estimate shall be presented to the Governing Body for its approval.

Section 4. Bond Authority; Reimbursement. The Act provides for the Improvements to be paid by the issuance of general obligation bonds or special obligation bonds of the City (the "Bonds"). The Bonds may be issued to reimburse expenditures made on or after the date which is 60 days before the date of this Resolution, pursuant to Treasury Regulation § 1.150-2.

Section 5. Effective Date. This Resolution shall be effective upon adoption. This Resolution shall be published one time in the official City newspaper, and shall also be filed of record in the office of the Register of Deeds of Sedgwick County, Kansas.

ADOPTED by the City Council of the City of Wichita, Kansas, on June 16, 2020.

(SEAL)Brandon J. Whipple, Mayor

ATTEST:

Karen Sublett, City Clerk

APPROVED AS TO FORM:

Jennifer Magaña, City Attorney and Director of Law

183

Agenda Item No. II-3b

City of WichitaCity Council Meeting

June 16, 2020

TO: Mayor and City Council

SUBJECT: Petitions for Improvements to Serve Edge Water 4th Addition (District VI)

INITIATED BY: Department of Public Works & Utilities

AGENDA: Consent

Recommendation: Approve the petitions and budgets, and adopt the resolutions.

Background: The petitions are a requirement for new development and are valid per Kansas Statute 12-6a01. The signatures on the petitions represent 100% of the improvement district.

Analysis: The projects will provide water, sanitary sewer, drainage and paving improvements required for a new residential development located south of 45th Street North, west of Hoover Road.

Financial Considerations: The petition total for the water improvements is $110,000. The petition total for the sanitary sewer improvements is $137,000. The petition total for the drainage improvements is $151,000. The petition total for the paving improvements is $180,000. The funding source for the projects is 100% special assessment.

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

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

Attachments: Petitions and resolutions.

184

y • ZA74 - O12a0L1

PETITION

WATER IMPROVEMENTS- EDGE WATER 4TH ADDITION

WICHITA, SEDGWICK COUNTY, KANSAS

TO: The Mayor and City Council( the" Governing Body")City of Wichita, Kansas

1. The undersigned, being the owners of record of more than one-half of the area liable forassessment set forth below for the proposed improvements of the City of Wichita, Kansas ( the " City"), dohereby request that said improvements be made in the manner provided by K. S. A. 12- 6a01 et seq. ( theAct").

a) The improvements proposed to be made are as follows( the " Improvements"):

Construction of a water distribution system, including necessary water mains, pipes, valves,hydrants, and appurtenances to serve the Improvement District defined below.

The Improvements shall be constructed in accordance with City standards and plans and

specifications prepared or approved by the City Engineer.

b) The estimated or probable cost of the proposed Improvements is: $ 110,000.00, exclusive

of interest on financing and administrative and financing costs; said estimated amount to be increased atthe pro rata rate of 1 percent per month from and after the date of submission of this Petition to the City.If expenses have been incurred for the Improvements and construction has not started within two years

of the initial design contract, the Improvements will be deemed abandoned and expenses incurred to date

will be assessed against property in the Improvement District defined below in accordance with theprovisions hereof.

c) The extent of the proposed improvement district ( the " Improvement District") to be

assessed for the costs of the proposed Improvements is:

EDGE WATER 4TH ADDITION

Lots 1 through 8, Block A

Lots 1 through 9, Block B

d) The proposed method of assessment is: equally per lot.

In the event all or part of the lots or parcels in the proposed Improvement District are reconfigured

before or after assessments have been levied, the assessments against the replatted area shall be

recalculated on a square foot basis.

e) The proposed apportionment of the cost of the Improvements, between the Improvement

District and the City at large, is: 100% to be assessed against the Improvement District and 0% to be paid bythe City-at- large.

185

f) The payment of assessments proposed to be imposed hereunder may be indefinitelydeferred against those property owners eligible for deferral pursuant to the City' s Special AssessmentDeferral Program.

g) The undersigned acknowledge that property within the proposed Improvement District issubject to benefit fees to be imposed as a result of previously constructed water main improvements thatbenefit the property within the proposed Improvement District. Such benefit fees shall be imposedpursuant to K. S. A. 12- 6a19, in the following manner: $ 4,638.00, assessed on a fractional basis as describedbelow.

Lots 1 through 5, Block A, and Lots 4 through 9, Block B, Edge Water 4th Addition, shall each

pay 1/ 11 of the total costs of the benefit fee.

Lots 6 through 8, Block A, and Lots 1 through 3, Block B, Edge Water 4th Addition, were

assessed benefit fees by a previous project, and are not subject to benefit fees incurred bythis Petition.

2. It is further requested that the proposed Improvements be made without notice and

hearing as required by the Act.

3. If the Improvements are: ( i) abandoned, altered and/ or constructed privately, in part orwhole, precluding the building of the Improvement under the authority of this Petition and the Act; or( ii) itis necessary for the City to redesign, repair or reconstruct the Improvements after its initial design and/ orconstruction because the design and/ or construction does not meet the requirements of City codeprovisions; any costs incurred by the City as a result of submission of this Petition shall be assessed toproperty within the proposed Improvement District in accordance with the provisions hereof.

4. Names may not be withdrawn from this Petition by the signers hereof after the Governing

Body commences consideration of this Petition, or, later than seven ( 7) days after the filing hereof,whichever occurs first.

5. The Governing Body is further requested to proceed with adoption of a resolutionauthorizing the Improvements and establishing the Improvement District in accordance with the Act and theconstruction of the Improvements in an expeditious manner.

186

Property Owned WithinS': ature Dated Proposed Improvement District

Russell I• s Edge Water 4th Addition

MOO Lots 1 through 8, Block A

Lots 1 through 9, Block B

7k

R sell, Sole Mem. er

THIS PETITION was filed in my office on c / - © .

Dzipetty City Clerk

187

it421 - Z° ZO 0 IZ6131

PETITION

SANITARY SEWER IMPROVEMENTS— EDGE WATER 4TH ADDITION

WICHITA, SEDGWICK COUNTY, KANSAS

TO: The Mayor and City Council( the " Governing Body")

City of Wichita, Kansas

1. The undersigned, being the owners of record of more than one- half of the area liable forassessment set forth below for the proposed improvements of the City of Wichita, Kansas ( the " City"), dohereby request that said improvements be made in the manner provided by K. S. A. 12- 6a01 et seq. ( theAct").

a) The improvements proposed to be made are as follows( the " Improvements"):

Construction of a lateral sanitary sewer, including necessary sewer mains and appurtenances toserve the Improvement District defined below.

The Improvements shall be constructed in accordance with City standards and plans andspecifications prepared or approved by the City Engineer.

b) The estimated or probable cost of the proposed Improvements is: $ 137,000.00, exclusive

of interest on financing and administrative and financing costs; said estimated amount to be increased atthe pro rata rate of 1 percent per month from and after the date of submission of this Petition to the City.If expenses have been incurred for the Improvements and construction has not started within two years

of the initial design contract, the Improvements will be deemed abandoned and expenses incurred to date

will be assessed against property in the Improvement District defined below in accordance with theprovisions hereof.

c) The extent of the proposed improvement district ( the " Improvement District") to be

assessed for the costs of the proposed Improvements is:

EDGE WATER 4TH ADDITION

Lots 1 through 8, Block A

Lots 1 through 9, Block B

d) The proposed method of assessment is: equally per lot.

In the event all or part of the lots or parcels in the proposed Improvement District are reconfigured

before or after assessments have been levied, the assessments against the replatted area shall be

recalculated on a square foot basis.

e) The proposed apportionment of the cost of the Improvements, between the Improvement

District and the City at large, is: 100% to be assessed against the Improvement District and 0% to be paid bythe City-at- large.

188

f) The payment of assessments proposed to be imposed hereunder may be indefinitelydeferred against those property owners eligible for deferral pursuant to the City' s Special AssessmentDeferral Program.

g) The undersigned acknowledge that property within the proposed Improvement District is

subject to benefit fees to be imposed as a result of previously constructed sewer main improvements thatbenefit the property within the proposed Improvement District. Such benefit fees shall be imposedpursuant to K. S. A. 12- 6a19, in the following manner: $ 6,535.00, assessed on a fractional basis as describedbelow:

Lots 1 through 5, Block A, and Lots 4 through 9, Block B, Edge Water 4th Addition, shall each

pay 1/ 11 of the total costs of the benefit fee.

Lots 6 through 8, Block A, and Lots 1 through 3, Block B, Edge Water 4th Addition, were

assessed benefit fees by a previous project, and are not subject to benefit fees incurred bythis Petition.

2. It is further requested that the proposed Improvements be made without notice and

hearing as required by the Act.

3. If the Improvements are: ( i) abandoned, altered and/ or constructed privately, in part or

whole, precluding the building of the Improvement under the authority of this Petition and the Act; or( ii) itis necessary for the City to redesign, repair or reconstruct the Improvements after its initial design and/ orconstruction because the design and/ or construction does not meet the requirements of City code

provisions; any costs incurred by the City as a result of submission of this Petition shall be assessed to

property within the proposed Improvement District in accordance with the provisions hereof.

4. Names may not be withdrawn from this Petition by the signers hereof after the GoverningBody commences consideration of this Petition, or, later than seven ( 7) days after the filing hereof,whichever occurs first.

5. The Governing Body is further requested to proceed with adoption of a resolutionauthorizing the Improvements and establishing the Improvement District in accordance with the Act and theconstruction of the Improvements in an expeditious manner.

189

Property Owned WithinSignature Dated Proposed Improvement District

Russell I - : nts, L. C. Edge Water 4th Addition

41Lots 1 through 8, Block A

O ots 1 through 9, Block B

B `'' o,/ r

Russe , Sole Member

THIS PETITION was filed in my office on Li- ,? / _ ,202_,D--

A-4 /:_.„(// j-7)-- G-( 1),„71:7(-f , NE,1„..DeAw y City Clerk

190

i46O - 2020- ossyy t

PETITION 5(AU -W L4(STORM WATER DRAIN IMPROVEMENTS- EDGE WATER 4T" ADDITION

WICHITA, SEDGWICK COUNTY, KANSAS)

TO: The Mayor and City Council ( the" Governing Body")

City of Wichita, Kansas

1. The undersigned, being the owners of record of more than one- half of the area liable for

assessment set forth below for the proposed improvements of the City of Wichita, Kansas ( the " City"), dohereby request that said improvements be made in the manner provided by K. S. A. 12- 6a01 et seq. ( theAct").

a) The improvements proposed to be made are as follows( the " Improvements"):

Construction of a storm water drainage system, including necessary pipes and appurtenances toserve the Improvement District defined below.

The Improvements shall be constructed in accordance with City standards and plans andspecifications prepared or approved by the City Engineer.

b) The estimated or probable cost of the proposed Improvements is: $ 151,000.00, exclusive

of interest on financing and administrative and financing costs; said estimated amount to be increased atthe pro rata rate of 1 percent per month from and after the date of submission of this Petition to the City.If expenses have been incurred for the Improvements and construction has not started within two years

of the initial design contract, the Improvements will be deemed abandoned and expenses incurred to date

will be assessed against property in the Improvement District defined below in accordance with theprovisions hereof.

c) The extent of the proposed improvement district ( the " Improvement District") to be

assessed for the costs of the proposed Improvements is:

EDGE WATER 4TH ADDITION

Lots 1 through 8, Block A

Lots 1 through 9, Block B

d) The proposed method of assessment is: equally per lot.

In the event all or part of the lots or parcels in the proposed Improvement District are reconfigured

before or after assessments have been levied, the assessments against the replatted area shall be

recalculated on a square foot basis.

e) The proposed apportionment of the cost of the Improvements, between the Improvement

District and the City at large, is: 100% to be assessed against the Improvement District and 0% to be paid bythe City-at- large.

191

f) The payment of assessments proposed to be imposed hereunder may be indefinitelydeferred against those property owners eligible for deferral pursuant to the City' s Special AssessmentDeferral Program.

2. It is further requested that the proposed Improvements be made without notice and

hearing as required by the Act.

3. If the Improvements are: ( i) abandoned, altered and/ or constructed privately, in part or

whole, precluding the building of the Improvement under the authority of this Petition and the Act; or( ii) itis necessary for the City to redesign, repair or reconstruct the Improvements after its initial design and/ or

construction because the design and/ or construction does not meet the requirements of City codeprovisions; any costs incurred by the City as a result of submission of this Petition shall be assessed toproperty within the proposed Improvement District in accordance with the provisions hereof.

4. Names may not be withdrawn from this Petition by the signers hereof after the GoverningBody commences consideration of this Petition, or, later than seven ( 7) days after the filing hereof,whichever occurs first.

5. The Governing Body is further requested to proceed with adoption of a resolutionauthorizing the Improvements and establishing the Improvement District in accordance with the Act and theconstruction of the Improvements in an expeditious manner.

Property Owned WithinSignature Dated Proposed Improvement District

Russ- nves is • - Edge Water 4th Addition

Lots 1 through 8, Block A

it Lots 1 through 9, Block B

0IL/ o4/ aaa.o

VW. Russ- I, Sole Me :- r

THIS PETITION was filed in my office on 41-- cQ / c:7-1° °

Deputy-City Clerk

192

H72- 713Z0- 0$5613

PETITION

PAVING IMPROVEMENTS— EDGE WATER 4T" ADDITION

WICHITA, SEDGWICK COUNTY, KANSAS

TO: The Mayor and City Council ( the" Governing Body")City of Wichita, Kansas

1. The undersigned, being the owners of record of more than one- half of the area liable forassessment set forth below for the proposed improvements of the City of Wichita, Kansas ( the " City"), dohereby request that said improvements be made in the manner provided by K. S. A. 12- 6a01 et seq. ( theAct").

a) The improvements proposed to be made are as follows( the " Improvements"):

Construction of pavement on Froli St, from the south line of W. 45th St N., south and east to the

west line of N. Hoover Rd., with drainage to be installed where necessary.

That said pavement between aforesaid limits be constructed for a width of twenty-four24) feet from gutter line to gutter line, and each gutter to be two feet in width, making a

total roadway width of twenty-eight ( 28) feet, with drainage to be installed wherenecessary.

The Improvements shall be constructed in accordance with City standards and plans and specifications

prepared or approved by the City Engineer.

The Improvements shall be constructed in accordance with City standards and plans and

specifications prepared or approved by the City Engineer.

b) The estimated or probable cost of the proposed Improvements is: $ 180,000.00, exclusive

of interest on financing and administrative and financing costs; said estimated amount to be increased at

the pro rata rate of 1 percent per month from and after the date of submission of this Petition to the City.If expenses have been incurred for the Improvements and construction has not started within two years

of the initial design contract, the Improvements will be deemed abandoned and expenses incurred to date

will be assessed against property in the Improvement District defined below in accordance with theprovisions hereof.

c) The extent of the proposed improvement district ( the " Improvement District") to be

assessed for the costs of the proposed Improvements is:

EDGE WATER 4T" ADDITION

Lots 1 through 8, Block A

Lots 1 through 9, Block B

d) The proposed method of assessment is: equally per lot.

193

In the event that the driveway approaches and curb cuts are not included within the scope of theImprovements and the estimated cost thereof as set forth in subsection( b) above, the costs of such drivewayapproaches and curb cuts so constructed shall be directly assessed to the property benefitted thereby inaddition to the assessments levied for the Improvements.

In the event all or part of the lots or parcels in the proposed Improvement District are reconfigured

before or after assessments have been levied, the assessments against the replatted area shall be

recalculated on a square foot basis.

e) The proposed apportionment of the cost of the Improvements, between the Improvement

District and the City at large, is: 100% to be assessed against the Improvement District and 0% to be paid bythe City-at- large.

f) The payment of assessments proposed to be imposed hereunder may be indefinitelydeferred against those property owners eligible for deferral pursuant to the City' s Special AssessmentDeferral Program.

2. It is further requested that the proposed Improvements be made without notice and

hearing as required by the Act.

3. If the Improvements are: ( i) abandoned, altered and/ or constructed privately, in part orwhole, precluding the building of the Improvement under the authority of this Petition and the Act; or( ii) it

is necessary for the City to redesign, repair or reconstruct the Improvements after its initial design and/ orconstruction because the design and/ or construction does not meet the requirements of City codeprovisions; any costs incurred by the City as a result of submission of this Petition shall be assessed toproperty within the proposed Improvement District in accordance with the provisions hereof.

4. Names may not be withdrawn from this Petition by the signers hereof after the GoverningBody commences consideration of this Petition, or, later than seven ( 7) days after the filing hereof,whichever occurs first.

5. The Governing Body is further requested to proceed with adoption of a resolutionauthorizing the Improvements and establishing the Improvement District in accordance with the Act and theconstruction of the Improvements in an expeditious manner.

194

Property Owned WithinSignature Dated Proposed Improvement District

Russell I

nip", Edge Water 4tn Addition

Lots 1 through 8, Block A

ots 1 through 9, Block B

By: II c* 09/_ Da. c:.

Russ: , Sole Memb:

THIS PETITION was filed in my office on I oC

Dgy City Clerk

195

132019

(Published in the Wichita Eagle, on June 19, 2020)

RESOLUTION NO. 20-170

A RESOLUTION DETERMINING THE ADVISABILITY OF THE MAKING OF CERTAIN INTERNAL IMPROVEMENTS IN THE CITY OF WICHITA, KANSAS; MAKING CERTAIN FINDINGS WITH RESPECT THERETO; AND AUTHORIZING AND PROVIDING FOR THE MAKING OF THE IMPROVEMENTS IN ACCORDANCE WITH SUCH FINDINGS (SANITARY SEWER IMPROVEMENTS – EDGE WATER 4TH ADDITION/WEST 45TH STREET NORTH, WEST OF NORTH HOOVER ROAD) (468-2020-012801).

WHEREAS, a petition (the “Petition”) was filed with the City Clerk of the City of Wichita, Kansas (the "City") proposing certain internal improvements; and said Petition sets forth: (a) the general nature of the proposed improvements; (b) the estimated or probable cost of the proposed improvements; (c) the extent of the proposed improvement district to be assessed for the cost of the proposed improvements; (d) the proposed method of assessment; (e) the proposed apportionment of the cost between the improvement district and the City at large; and (f) a request that such improvements be made without notice and hearing as required by K.S.A. 12-6a01 et seq. (the "Act"); and

WHEREAS, K.S.A. 12-6a19 provides that whenever the construction of any water, stormwater, sanitary sewer or arterial street improvement is initiated by petition pursuant to the Act, the City may require the imposition of a benefit fee on property which is benefitted by such improvements but was not included within the original improvement district established for the levy of special assessments for such improvements; and

WHEREAS, the Petition contains a request that the City create an area for which benefit fees will be imposed pursuant to K.S.A. 12-6a19; and

WHEREAS, the City Council (the “Governing Body”) of the City hereby finds and determines that said Petition was signed by the owners of record of more than one-half of the area liable for assessment for the proposed improvements, and is therefore sufficient in accordance with the provisions of the Act.

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

Section 1. Findings of Advisability. The Governing Body hereby finds and determines that:

(a) The improvements proposed to be made are as follows (the “Improvements”):

Construction of a lateral sanitary sewer, including necessary sewer mains and appurtenances to serve the Improvement District defined below.

(b) The estimated or probable cost of the proposed Improvements is: $137,000.00, exclusive of interest on financing and administrative and financing costs; said estimated amount to be increased at the pro rata rate of 1 percent per month from and after the date of submission of the Petition to the City. If expenses have been incurred for the Improvements and construction has not started within two years of the initial design contract, the Improvements will be deemed abandoned and expenses incurred to date will be assessed against property in the Improvement District defined below in accordance with the provisions hereof.

(c) The extent of the proposed improvement district (the “Improvement District”) to be assessed for the costs of the proposed Improvements is:

196

EDGE WATER 4TH ADDITIONLots 1 through 8, Block ALots 1 through 9, Block B

(d) The proposed method of assessment is: equally per lot.

In the event all or part of the lots or parcels in the proposed Improvement District are reconfigured before or after assessments have been levied, the assessments against the replatted area shall be recalculated on a square foot basis.

(e) The apportionment of the cost of the Improvements, between the Improvement District and the City at large, is: 100% to be assessed against the Improvement District and 0% to be paid by the City-at-large.

(f) The payment of assessments to be imposed hereunder may be indefinitely deferred against those property owners eligible for deferral pursuant to the City’s Special Assessment Deferral Program.

(g) The property within the proposed Improvement District is subject to benefit fees to be imposed as a result of previously constructed sewer main improvements that benefit the property within the proposed Improvement District. Such benefit fees shall be imposed pursuant to K.S.A. 12-6a19, in the following manner: $6,535.00, assessed on a fractional basis as described below.

Lots 1 through 5, Block A, and Lots 4 through 9, Block B, Edge Water 4th Addition, shall each pay 1/11 of the total costs of the benefit fee.

Lots 6 through 8, Block A, and Lots 1 through 3, Block B, Edge Water 4th Addition, were assessed benefit fees by a previous project, and are not subject to benefit fees incurred by this Resolution.

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

Section 3. Plans and Specifications. The City Engineer shall prepare plans and specifications for said Improvements and a preliminary estimate of cost therefore, which plans, specifications and estimate shall be presented to the Governing Body for its approval.

Section 4. Bond Authority; Reimbursement. The Act provides for the Improvements to be paid by the issuance of general obligation bonds or special obligation bonds of the City (the "Bonds"). The Bonds may be issued to reimburse expenditures made on or after the date which is 60 days before the date of this Resolution, pursuant to Treasury Regulation § 1.150-2.

Section 5. Effective Date. This Resolution shall be effective upon adoption. This Resolution shall be published one time in the official City newspaper, and shall also be filed of record in the office of the Register of Deeds of Sedgwick County, Kansas.

197

ADOPTED by the City Council of the City of Wichita, Kansas, on June 16, 2020.

(SEAL)Brandon J. Whipple, Mayor

ATTEST:

Karen Sublett, City Clerk

APPROVED AS TO FORM:

Jennifer Magaña, City Attorney and Director of Law

198

132019

(Published in the Wichita Eagle, on June 19, 2020)

RESOLUTION NO. 20-171

A RESOLUTION DETERMINING THE ADVISABILITY OF THE MAKING OF CERTAIN INTERNAL IMPROVEMENTS IN THE CITY OF WICHITA, KANSAS; MAKING CERTAIN FINDINGS WITH RESPECT THERETO; AND AUTHORIZING AND PROVIDING FOR THE MAKING OF THE IMPROVEMENTS IN ACCORDANCE WITH SUCH FINDINGS (WATER IMPROVEMENTS – EDGE WATER 4TH ADDITION/SOUTH OF WEST 45TH

STREET NORTH, WEST OF NORTH HOOVER ROAD) (448-2020-012804).

WHEREAS, a petition (the “Petition”) was filed with the City Clerk of the City of Wichita, Kansas (the "City") proposing certain internal improvements; and said Petition sets forth: (a) the general nature of the proposed improvements; (b) the estimated or probable cost of the proposed improvements; (c) the extent of the proposed improvement district to be assessed for the cost of the proposed improvements; (d) the proposed method of assessment; (e) the proposed apportionment of the cost between the improvement district and the City at large; and (f) a request that such improvements be made without notice and hearing as required by K.S.A. 12-6a01 et seq. (the "Act"); and

WHEREAS, K.S.A. 12-6a19 provides that whenever the construction of any water, stormwater, sanitary sewer or arterial street improvement is initiated by petition pursuant to the Act, the City may require the imposition of a benefit fee on property which is benefitted by such improvements but was not included within the original improvement district established for the levy of special assessments for such improvements; and

WHEREAS, the Petition contains a request that the City create an area for which benefit fees will be imposed pursuant to K.S.A. 12-6a19; and

WHEREAS, the City Council (the “Governing Body”) of the City hereby finds and determines that said Petition was signed by the owners of record of more than one-half of the area liable for assessment for the proposed improvements, and is therefore sufficient in accordance with the provisions of the Act.

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

Section 1. Findings of Advisability. The Governing Body hereby finds and determines that:

(a) The improvements proposed to be made are as follows (the “Improvements”):

Construction of a water distribution system, including necessary water mains, pipes, valves, hydrants, and appurtenances to serve the Improvement District defined below.

(b) The estimated or probable cost of the proposed Improvements is: $110,000.00, exclusive of interest on financing and administrative and financing costs; said estimated amount to be increased at the pro rata rate of 1 percent per month from and after the date of submission of the Petition to the City. If expenses have been incurred for the Improvements and construction has not started within two years of the initial design contract, the Improvements will be deemed abandoned and expenses incurred to date will be assessed against property in the Improvement District defined below in accordance with the provisions hereof.

(c) The extent of the proposed improvement district (the “Improvement District”) to be assessed for the costs of the proposed Improvements is:

199

EDGE WATER 4TH ADDITIONLots 1 through 8, Block ALots 1 through 9, Block B

(d) The proposed method of assessment is: equally per lot.

In the event all or part of the lots or parcels in the proposed Improvement District are reconfigured before or after assessments have been levied, the assessments against the replatted area shall be recalculated on a square foot basis.

(e) The apportionment of the cost of the Improvements, between the Improvement District and the City at large, is: 100% to be assessed against the Improvement District and 0% to be paid by the City-at-large.

(f) The payment of assessments to be imposed hereunder may be indefinitely deferred against those property owners eligible for deferral pursuant to the City’s Special Assessment Deferral Program.

(g) The property within the proposed Improvement District is subject to benefit fees to be imposed as a result of previously constructed water main improvements that benefit the property within the proposed Improvement District. Such benefit fees shall be imposed pursuant to K.S.A. 12-6a19, in the following manner: $4,638.00, assessed on a fractional basis as described below.

Lots 1 through 5, Block A, and Lots 4 through 9, Block B, Edge Water 4th Addition, shall each pay 1/11 of the total costs of the benefit fee.

Lots 6 through 8, Block A, and Lots 1 through 3, Block B, Edge Water 4th Addition, were assessed benefit fees by a previous project, and are not subject to benefit fees incurred by this resolution.

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

Section 3. Plans and Specifications. The City Engineer shall prepare plans and specifications for said Improvements and a preliminary estimate of cost therefore, which plans, specifications and estimate shall be presented to the Governing Body for its approval.

Section 4. Bond Authority; Reimbursement. The Act provides for the Improvements to be paid by the issuance of general obligation bonds or special obligation bonds of the City (the "Bonds"). The Bonds may be issued to reimburse expenditures made on or after the date which is 60 days before the date of this Resolution, pursuant to Treasury Regulation § 1.150-2.

Section 5. Effective Date. This Resolution shall be effective upon adoption. This Resolution shall be published one time in the official City newspaper, and shall also be filed of record in the office of the Register of Deeds of Sedgwick County, Kansas.

200

ADOPTED by the City Council of the City of Wichita, Kansas, on June 16, 2020.

(SEAL)Brandon J. Whipple, Mayor

ATTEST:

Karen Sublett, City Clerk

APPROVED AS TO FORM:

Jennifer Magaña, City Attorney and Director of Law

201

132019

(Published in the Wichita Eagle, on June 19, 2020)

RESOLUTION NO. 20-172

A RESOLUTION DETERMINING THE ADVISABILITY OF THE MAKING OF CERTAIN INTERNAL IMPROVEMENTS IN THE CITY OF WICHITA, KANSAS; MAKING CERTAIN FINDINGS WITH RESPECT THERETO; AND AUTHORIZING AND PROVIDING FOR THE MAKING OF THE IMPROVEMENTS IN ACCORDANCE WITH SUCH FINDINGS (STORM WATER DRAIN NO. 465 – EDGE WATER 4TH ADDITION/SOUTH OF WEST 45TH STREET NORTH, WEST OF NORTH HOOVER) (468-2020-085441).

WHEREAS, a petition (the “Petition”) was filed with the City Clerk of the City of Wichita, Kansas (the "City") proposing certain internal improvements; and said Petition sets forth: (a) the general nature of the proposed improvements; (b) the estimated or probable cost of the proposed improvements; (c) the extent of the proposed improvement district to be assessed for the cost of the proposed improvements; (d) the proposed method of assessment; (e) the proposed apportionment of the cost between the improvement district and the City at large; and (f) a request that such improvements be made without notice and hearing as required by K.S.A. 12-6a01 et seq. (the "Act"); and

WHEREAS, the City Council (the “Governing Body”) of the City hereby finds and determines that said Petition was signed by the owners of record of more than one-half of the area liable for assessment for the proposed improvements, and is therefore sufficient in accordance with the provisions of the Act.

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

Section 1. Findings of Advisability. The Governing Body hereby finds and determines that:

(a) The improvements proposed to be made are as follows (the "Improvements"):

Construction of a storm water drainage system, including necessary pipes and appurtenances to serve the Improvement District defined below.

(b) The estimated or probable cost of the proposed Improvements is: $151,000.00, exclusive of interest on financing and administrative and financing costs; said estimated amount to be increased at the pro rata rate of 1 percent per month from and after the date of submission of the Petition to the City. If expenses have been incurred for the Improvements and construction has not started within two years of the initial design contract, the Improvements will be deemed abandoned and expenses incurred to date will be assessed against property in the Improvement District defined below in accordance with the provisions hereof.

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

EDGE WATER 4TH ADDITIONLots 1 through 8, Block ALots 1 through 9, Block B

(d) The proposed method of assessment is equally per lot.

202

In the event all or part of the lots or parcels in the proposed Improvement District are reconfigured before or after assessments have been levied, the assessments against the replatted area shall be recalculated on a squarefoot basis.

(e) The apportionment of the cost of the Improvements, between the Improvement District and the City at large, is: 100% to be assessed against the Improvement District and 0% to be paid by the City-at-large.

(f) The payment of assessments to be imposed hereunder may be indefinitely deferred against those property owners eligible for deferral pursuant to the City’s Special Assessment Deferral Program.

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

Section 3. Plans and Specifications. The City Engineer shall prepare plans and specifications for said Improvements and a preliminary estimate of cost therefore, which plans, specifications and estimate shall be presented to the Governing Body for its approval.

Section 4. Bond Authority; Reimbursement. The Act provides for the Improvements to be paid by the issuance of general obligation bonds or special obligation bonds of the City (the "Bonds"). The Bonds may be issued to reimburse expenditures made on or after the date which is 60 days before the date of this Resolution, pursuant to Treasury Regulation § 1.150-2.

Section 5. Effective Date. This Resolution shall be effective upon adoption. This Resolution shall be published one time in the official City newspaper, and shall also be filed of record in the office of the Register of Deeds of Sedgwick County, Kansas.

ADOPTED by the City Council of the City of Wichita, Kansas, on June 16, 2020.

(SEAL)Brandon J. Whipple, Mayor

ATTEST:

Karen Sublett, City Clerk

APPROVED AS TO FORM:

Jennifer Magaña, City Attorney and Director of Law

203

132019

(Published in the Wichita Eagle, on June 19, 2020)

RESOLUTION NO. 20-173

A RESOLUTION DETERMINING THE ADVISABILITY OF THE MAKING OF CERTAIN INTERNAL IMPROVEMENTS IN THE CITY OF WICHITA, KANSAS; MAKING CERTAIN FINDINGS WITH RESPECT THERETO; AND AUTHORIZING AND PROVIDING FOR THE MAKING OF THE IMPROVEMENTS IN ACCORDANCE WITH SUCH FINDINGS (PAVING IMPROVEMENTS–EDGE WATER 4TH ADDITION/SOUTH OF WEST 45TH

STREET NORTH, WEST OF NORTH HOOVER) (472-2020-085613).

WHEREAS, a petition (the “Petition”) was filed with the City Clerk of the City of Wichita, Kansas (the "City") proposing certain internal improvements; and said Petition sets forth: (a) the general nature of the proposed improvements; (b) the estimated or probable cost of the proposed improvements; (c) the extent of the proposed improvement district to be assessed for the cost of the proposed improvements; (d) the proposed method of assessment; (e) the proposed apportionment of the cost between the improvement district and the City at large; and (f) a request that such improvements be made without notice and hearing as required by K.S.A. 12-6a01 et seq., (the "Act"); and

WHEREAS, the City Council (the “Governing Body”) of the City hereby finds and determines that said Petition was signed by the owners of record of more than one-half of the area liable for assessment for the proposed improvements, and is therefore sufficient in accordance with the provisions of the Act.

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

Section 1. Findings of Advisability. The Governing Body hereby finds and determines that:

(a) The improvements proposed to be made are as follows (the "Improvements"):

Construction of pavement on Froli St, from the south line of W. 45th St N., south and east to the west line of N. Hoover Rd., with drainage to be installed where necessary.

That said pavement between aforesaid limits be constructed for a width of twenty-four (24) feet from the gutter line to the gutter line, and each gutter to be two feet in width, making a total roadway width of twenty-eight (28) feet, with drainage to be installed where necessary.

b) The estimated or probable cost of the proposed Improvements is: $180,000.00, exclusive of interest on financing and administrative and financing costs; said estimated amount to be increased at the pro rata rate of 1 percent per month from and after the date of submission of the Petition to the City. If expenses have been incurred for the Improvements and construction has not started within two years of the initial design contract, the Improvements will be deemed abandoned and expenses incurred to date will be assessed against property in the Improvement District defined below in accordance with the provisions hereof.

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

204

EDGE WATER 4TH ADDITIONLots 1 through 8, Block ALots 1 through 9, Block B

(d) The proposed method of assessment is: equally per lot.

In the event that the driveway approaches and curb cuts are not included within the scope of the Improvements and the estimated cost thereof as set forth in subsection (b) above, the costs of such driveway approaches and curb cuts so constructed shall be directly assessed to the property benefitted thereby in addition to the assessments levied for the Improvements.

In the event all or part of the lots or parcels in the proposed Improvement District are reconfigured before or after assessments have been levied, the assessments against the replatted area shall be recalculated on a square foot basis.

(e) The apportionment of the cost of the Improvements, between the Improvement District and the City at large, is: 100% to be assessed against the Improvement District and 0% to be paid by the City-at-large.

(f) The payment of assessments to be imposed hereunder may be indefinitely deferred against those property owners eligible for deferral pursuant to the City’s Special Assessment Deferral Program.

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

Section 3. Plans and Specifications. The City Engineer shall prepare plans and specifications for said Improvements and a preliminary estimate of cost therefore, which plans, specifications and estimate shall be presented to the Governing Body for its approval.

Section 4. Bond Authority; Reimbursement. The Act provides for the Improvements to be paid by the issuance of general obligation bonds or special obligation bonds of the City (the "Bonds"). The Bonds may be issued to reimburse expenditures made on or after the date which is 60 days before the date of this Resolution, pursuant to Treasury Regulation § 1.150-2.

Section 5. Effective Date. This Resolution shall be effective upon adoption. This Resolution shall be published one time in the official City newspaper, and shall also be filed of record in the office of the Register of Deeds of Sedgwick County, Kansas.

205

ADOPTED by the City Council of the City of Wichita, Kansas, on June 16, 2020.

(SEAL)Brandon J. Whipple, Mayor

ATTEST:

Karen Sublett, City Clerk

APPROVED AS TO FORM:

Jennifer Magaña, City Attorney and Director of Law

206

Agenda Item No. II-3c

City of WichitaCity Council Meeting

June 16, 2020

TO: Mayor and City Council

SUBJECT: Petitions for Improvements to Serve Willow Creek East 4th Addition (District II)

INITIATED BY: Department of Public Works & Utilities

AGENDA: Consent

Recommendation: Approve the petitions and budgets, and adopt the resolutions.

Background: The petitions are a requirement for new development and are valid per Kansas Statute 12-6a01. The signatures on the petitions represent 100% of the improvement district.

Analysis: The projects will provide water, sanitary sewer and paving improvements required for a newresidential development located south of Harry Street, east of Greenwich Road.

Financial Considerations: The petition total for the water improvements is $53,000. The petition total for the sanitary sewer improvements is $122,000. The petition total for the paving improvements is $278,000. The funding source for the projects is 100% special assessment.

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

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

Attachments: Petitions and resolutions.

207

it

PETITION g- aaa0- OIagO3WATER IMPROVEMENTS— WILLOW CREEK EAST 4T" ADDITION

WICHITA, SEDGWICK COUNTY, KANSAS)

TO: The Mayor and City Council( the " Governing Body")City of Wichita, Kansas

1. The undersigned, being the owners of record of more than one- half of the area liable forassessment set forth below for the proposed improvements of the City of Wichita, Kansas ( the " City"), dohereby request that said improvements be made in the manner provided by K. S. A. 12- 6a01 et seq. ( theAct").

a) The improvements proposed to be made are as follows( the" Improvements"):

Construction of a water distribution system, including necessary water mains, pipes, valves,hydrants, and appurtenances to serve the Improvement District defined below.

The Improvements shall be constructed in accordance with City standards and plans andspecifications prepared or approved by the City Engineer.

b) The estimated or probable cost of the proposed Improvements is: $ 53,000.00, exclusive of

interest on financing and administrative and financing costs; said estimated amount to be increased at thepro rata rate of 1 percent per month from and after the date of submission of this Petition to the City. Ifexpenses have been incurred for the Improvements and construction has not started within two years of

the initial design contract, the Improvements will be deemed abandoned and expenses incurred to date

will be assessed against property in the Improvement District defined below in accordance with theprovisions hereof.

c) The extent of the proposed improvement district ( the " Improvement District") to be

assessed for the costs of the proposed Improvements is:

WILLOW CREEK EAST 4TH ADDITION

Lots 1 through 13, Block A

d) The proposed method of assessment is: equally per lot.

In the event all or part of the lots or parcels in the proposed Improvement District are reconfigured

before or after assessments have been levied, the assessments against the replatted area shall be

recalculated on a square foot basis.

e) The proposed apportionment of the cost of the Improvements, between the Improvement

District and the City at large, is: 100% to be assessed against the Improvement District and 0% to be paid bythe City- at- large.

208

f) The payment of assessments proposed to be imposed hereunder may be indefinitelydeferred against those property owners eligible for deferral pursuant to the City' s Special AssessmentDeferral Program.

g) The undersigned acknowledge that property within the proposed Improvement District is

subject to benefit fees to be imposed as a result of previously constructed water main improvements thatbenefit the property within the proposed Improvement District. Such benefit fees shall be imposedpursuant to K. S. A. 12- 6a19, in the following manner: $ 6,733.00, assessed equally among all property withinthe proposed Improvement District equally per lot.

2. It is further requested that the proposed Improvements be made without notice and

hearing as required by the Act.

3. If the Improvements are: ( i) abandoned, altered and/ or constructed privately, in part orwhole, precluding the building of the Improvement under the authority of this Petition and the Act; or( ii) it

is necessary for the City to redesign, repair or reconstruct the Improvements after its initial design and/ orconstruction because the design and/ or construction does not meet the requirements of City code

provisions; any costs incurred by the City as a result of submission of this Petition shall be assessed toproperty within the proposed Improvement District in accordance with the provisions hereof.

4. Names may not be withdrawn from this Petition by the signers hereof after the GoverningBody commences consideration of this Petition, or, later than seven ( 7) days after the filing hereof,whichever occurs first.

5. The Governing Body is further requested to proceed with adoption of a resolutionauthorizing the Improvements and establishing the Improvement District in accordance with the Act and theconstruction of the Improvements in an expeditious manner.

Property Owned WithinSignature Dated Proposed Improvement District

IANC, LLC WILLOW CREEK EAST 4TH ADDITION

Lots 1 through 13, Block A

By: i / 6.1/.:r

icholas A. Cowgill, Member

THIS PETITION was filed in my office on

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PETITION 4'(. 8- ao -O-- o) -7 ct` 1

SANITARY SEWER IMPROVEMENTS- WILLOW CREEK EAST 4TH ADDITION

WICHITA, SEDGWICK COUNTY, KANSAS)

TO: The Mayor and City Council( the " Governing Body")City of Wichita, Kansas

1. The undersigned, being the owners of record of more than one- half of the area liable forassessment set forth below for the proposed improvements of the City of Wichita, Kansas ( the " City"), do

hereby request that said improvements be made in the manner provided by K. S. A. 12- 6a01 et seq. ( theAct").

a) The improvements proposed to be made are as follows( the" Improvements"):

Construction of a lateral sanitary sewer, including necessary sewer mains and appurtenances toserve the Improvement District defined below.

The Improvements shall be constructed in accordance with City standards and plans and

specifications prepared or approved by the City Engineer.

b) The estimated or probable cost of the proposed Improvements is: $ 122,000.00, exclusive

of interest on financing and administrative and financing costs; said estimated amount to be increased atthe pro rata rate of 1 percent per month from and after the date of submission of this Petition to the City.If expenses have been incurred for the Improvements and construction has not started within two years

of the initial design contract, the Improvements will be deemed abandoned and expenses incurred to date

will be assessed against property in the Improvement District defined below in accordance with theprovisions hereof.

c) The extent of the proposed improvement district ( the " Improvement District") to be

assessed for the costs of the proposed Improvements is:

WILLOW CREEK EAST 4TH ADDITION

Lots 1 through 13, Block A

d) The proposed method of assessment is: equally per lot.

In the event all or part of the lots or parcels in the proposed Improvement District are reconfigured

before or after assessments have been levied, the assessments against the replatted area shall berecalculated on a square foot basis.

e) The proposed apportionment of the cost of the Improvements, between the Improvement

District and the City at large, is: 100% to be assessed against the Improvement District and 0% to be paid bythe City- at- large.

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f) The payment of assessments proposed to be imposed hereunder may be indefinitelydeferred against those property owners eligible for deferral pursuant to the City' s Special AssessmentDeferral Program.

2. It is further requested that the proposed Improvements be made without notice and

hearing as required by the Act.

3. If the Improvements are: ( i) abandoned, altered and/ or constructed privately, in part or

whole, precluding the building of the Improvement under the authority of this Petition and the Act; or( ii) itis necessary for the City to redesign, repair or reconstruct the Improvements after its initial design and/ orconstruction because the design and/ or construction does not meet the requirements of City code

provisions; any costs incurred by the City as a result of submission of this Petition shall be assessed toproperty within the proposed Improvement District in accordance with the provisions hereof.

4. Names may not be withdrawn from this Petition by the signers hereof after the GoverningBody commences consideration of this Petition, or, later than seven ( 7) days after the filing hereof,whichever occurs first.

5. The Governing Body is further requested to proceed with adoption of a resolutionauthorizing the Improvements and establishing the Improvement District in accordance with the Act and theconstruction of the Improvements in an expeditious manner.

Property Owned WithinSignature Dated Proposed Improvement District

IANC, LLC WILLOW CREEK EAST 4TH ADDITION

Lots 1 through 13, Block A

By: 4. / 0-60a/mooNicholas A. Cowgill, Member

THIS PETITION was filed in my office on

C-5( Qro ty City Clerk

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PETITION 47.2— , co- o g 5 47 ( IPAVING IMPROVEMENTS—WILLOW CREEK EAST 4T" ADDITION

WICHITA, SEDGWICK COUNTY, KANSAS)

TO: The Mayor and City Council( the" Governing Body")

City of Wichita, Kansas

1. The undersigned, being the owners of record of more than one- half of the area liable forassessment set forth below for the proposed improvements of the City of Wichita, Kansas ( the " City"), do

hereby request that said improvements be made in the manner provided by K. S. A. 12- 6a01 et seq. ( theAct").

a) The improvements proposed to be made are as follows( the " Improvements"):

Construction of pavement on Harry Ct., from the south line of E. Harry St., southwesterly to and

including the cul- de- sac, with drainage to be installed where necessary.

That said pavement between aforesaid limits be constructed for a width of twenty- four24) feet from gutter line to gutter line, and each gutter to be two feet in width, making a

total roadway width of twenty-eight ( 28) feet, with drainage to be installed wherenecessary.

The Improvements shall be constructed in accordance with City standards and plans and specifications

prepared or approved by the City Engineer.

b) The estimated or probable cost of the proposed Improvements is: $ 278,000.00, exclusive

of interest on financing and administrative and financing costs; said estimated amount to be increased atthe pro rata rate of 1 percent per month from and after the date of submission of this Petition to the City.If expenses have been incurred for the Improvements and construction has not started within two years

of the initial design contract, the Improvements will be deemed abandoned and expenses incurred to date

will be assessed against property in the Improvement District defined below in accordance with theprovisions hereof.

c) The extent of the proposed improvement district ( the " Improvement District") to beassessed for the costs of the proposed Improvements is:

WILLOW CREEK EAST 4TH ADDITION

Lots 1 through 13, Block A

d) The proposed method of assessment is: equally per lot.

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In the event that the driveway approaches and curb cuts are not included within the scope of theImprovements and the estimated cost thereof as set forth in subsection( b) above, the costs of such driveway

approaches and curb cuts so constructed shall be directly assessed to the property benefitted thereby inaddition to the assessments levied for the Improvements.

In the event all or part of the lots or parcels in the proposed Improvement District are reconfigured

before or after assessments have been levied, the assessments against the replatted area shall be

recalculated on a square foot basis.

e) The proposed apportionment of the cost of the Improvements, between the Improvement

District and the City at large, is: 100% to be assessed against the Improvement District and 0% to be paid bythe City-at- large.

f) The payment of assessments proposed to be imposed hereunder may be indefinitely

deferred against those property owners eligible for deferral pursuant to the City' s Special AssessmentDeferral Program.

2. It is further requested that the proposed Improvements be made without notice and

hearing as required by the Act.

3. If the Improvements are: ( i) abandoned, altered and/ or constructed privately, in part or

whole, precluding the building of the Improvement under the authority of this Petition and the Act; or( ii) itis necessary for the City to redesign, repair or reconstruct the Improvements after its initial design and/ orconstruction because the design and/ or construction does not meet the requirements of City code

provisions; any costs incurred by the City as a result of submission of this Petition shall be assessed toproperty within the proposed Improvement District in accordance with the provisions hereof.

4. Names may not be withdrawn from this Petition by the signers hereof after the GoverningBody commences consideration of this Petition, or, later than seven ( 7) days after the filing hereof,whichever occurs first.

5. The Governing Body is further requested to proceed with adoption of a resolutionauthorizing the Improvements and establishing the Improvement District in accordance with the Act and theconstruction of the Improvements in an expeditious manner.

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Property Owned WithinSignature Dated Proposed Improvement District

IANC, LLC WILLOW CREEK EAST 4TH ADDITION

Lots 1 through 13, Block A

By: At, ! 41.// oat./_oI Apr

icholas A. Cowgill, Member

THIS PETITION was filed in my office on a-0 D-O.

LLAy City Clerk

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132019

(Published in the Wichita Eagle, on June 19, 2020)

RESOLUTION NO. 20-174

A RESOLUTION DETERMINING THE ADVISABILITY OF THE MAKING OF CERTAIN INTERNAL IMPROVEMENTS IN THE CITY OF WICHITA, KANSAS; MAKING CERTAIN FINDINGS WITH RESPECT THERETO; AND AUTHORIZING AND PROVIDING FOR THE MAKING OF THE IMPROVEMENTS IN ACCORDANCE WITH SUCH FINDINGS (SANITARY SEWER IMPROVEMENTS – WILLOW CREEK EAST 4TH ADDITION/SOUTH OF EAST HARRY STREET, EAST OF SOUTH GREENWICH ROAD) (468-2020-012799).

WHEREAS, a petition (the “Petition”) was filed with the City Clerk of the City of Wichita, Kansas (the "City") proposing certain internal improvements; and said Petition sets forth: (a) the general nature of the proposed improvements; (b) the estimated or probable cost of the proposed improvements; (c) the extent of the proposed improvement district to be assessed for the cost of the proposed improvements; (d) the proposed method of assessment; (e) the proposed apportionment of the cost between the improvement district and the City at large; and (f) a request that such improvements be made without notice and hearing as required by K.S.A. 12-6a01 et seq. (the "Act"); and

WHEREAS, the City Council (the “Governing Body”) of the City hereby finds and determines that said Petition was signed by the owners of record of more than one-half of the area liable for assessment for the proposed improvements, and is therefore sufficient in accordance with the provisions of the Act.

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

Section 1. Findings of Advisability. The Governing Body hereby finds and determines that:

(a) The improvements proposed to be made are as follows (the “Improvements”):

Construction of a lateral sanitary sewer, including necessary sewer mains and appurtenances to serve the Improvement District defined below.

(b) The estimated or probable cost of the proposed Improvements is: $122,000.00, exclusive of interest on financing and administrative and financing costs; said estimated amount to be increased at the pro rata rate of 1 percent per month from and after the date of submission of the Petition to the City. If expenses have been incurred for the Improvements and construction has not started within two years of the initial design contract, the Improvements will be deemed abandoned and expenses incurred to date will be assessed against property in the Improvement District defined below in accordance with the provisions hereof.

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

WILLOW CREEK EAST 4TH ADDITIONLots 1 through 13, Block A

(d) The proposed method of assessment is: equally per lot.

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In the event all or part of the lots or parcels in the proposed Improvement District are reconfigured before or after assessments have been levied, the assessments against the replatted area shall be recalculated on a square foot basis.

(e) The apportionment of the cost of the Improvements, between the Improvement District and the City at large, is: 100% to be assessed against the Improvement District and 0% to be paid by the City-at-large.

(f) The payment of assessments to be imposed hereunder may be indefinitely deferred against those property owners eligible for deferral pursuant to the City’s Special Assessment Deferral Program.

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

Section 3. Plans and Specifications. The City Engineer shall prepare plans and specifications for said Improvements and a preliminary estimate of cost therefore, which plans, specifications and estimate shall be presented to the Governing Body for its approval.

Section 4. Bond Authority; Reimbursement. The Act provides for the Improvements to be paid by the issuance of general obligation bonds or special obligation bonds of the City (the "Bonds"). The Bonds may be issued to reimburse expenditures made on or after the date which is 60 days before the date of this Resolution, pursuant to Treasury Regulation § 1.150-2.

Section 5. Effective Date. This Resolution shall be effective upon adoption. This Resolution shall be published one time in the official City newspaper, and shall also be filed of record in the office of the Register of Deeds of Sedgwick County, Kansas.

ADOPTED by the City Council of the City of Wichita, Kansas, on June 16, 2020.

(SEAL)Brandon J. Whipple, Mayor

ATTEST:

Karen Sublett, City Clerk

APPROVED AS TO FORM:

Jennifer Magaña, City Attorney and Director of Law

216

132019

(Published in the Wichita Eagle, on June 19, 2020)

RESOLUTION NO. 20-175

A RESOLUTION DETERMINING THE ADVISABILITY OF THE MAKING OF CERTAIN INTERNAL IMPROVEMENTS IN THE CITY OF WICHITA, KANSAS; MAKING CERTAIN FINDINGS WITH RESPECT THERETO; AND AUTHORIZING AND PROVIDING FOR THE MAKING OF THE IMPROVEMENTS IN ACCORDANCE WITH SUCH FINDINGS (WATER IMPROVEMENTS – WILLOW CREEK EAST 4TH ADDITION/SOUTH OF EAST HARRY STREET, EAST OF SOUTH GREENWICH ROAD) (448-2020-012803).

WHEREAS, a petition (the “Petition”) was filed with the City Clerk of the City of Wichita, Kansas (the "City") proposing certain internal improvements; and said Petition sets forth: (a) the general nature of the proposed improvements; (b) the estimated or probable cost of the proposed improvements; (c) the extent of the proposed improvement district to be assessed for the cost of the proposed improvements; (d) the proposed method of assessment; (e) the proposed apportionment of the cost between the improvement district and the City at large; and (f) a request that such improvements be made without notice and hearing as required by K.S.A. 12-6a01 et seq. (the "Act"); and

WHEREAS, K.S.A. 12-6a19 provides that whenever the construction of any water, stormwater, sanitary sewer or arterial street improvement is initiated by petition pursuant to the Act, the City may require the imposition of a benefit fee on property which is benefitted by such improvements but was not included within the original improvement district established for the levy of special assessments for such improvements; and

WHEREAS, the Petition contains a request that the City create an area for which benefit fees will be imposed pursuant to K.S.A. 12-6a19; and

WHEREAS, the City Council (the “Governing Body”) of the City hereby finds and determines that said Petition was signed by the owners of record of more than one-half of the area liable for assessment for the proposed improvements, and is therefore sufficient in accordance with the provisions of the Act.

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

Section 1. Findings of Advisability. The Governing Body hereby finds and determines that:

(a) The improvements proposed to be made are as follows (the “Improvements”):

Construction of a water distribution system, including necessary water mains, pipes, valves, hydrants, and appurtenances to serve the Improvement District defined below.

(b) The estimated or probable cost of the proposed Improvements is: $53,000.00, exclusive of interest on financing and administrative and financing costs; said estimated amount to be increased at the pro rata rate of 1 percent per month from and after the date of submission of the Petition to the City. If expenses have been incurred for the Improvements and construction has not started within two years of the initial design contract, the Improvements will be deemed abandoned and expenses incurred to date will be assessed against property in the Improvement District defined below in accordance with the provisions hereof.

(c) The extent of the proposed improvement district (the “Improvement District”) to be assessed for the costs of the proposed Improvements is:

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WILLOW CREEK EAST 4TH ADDITIONLots 1 through 13, Block A

(d) The proposed method of assessment is: equally per lot.

In the event all or part of the lots or parcels in the proposed Improvement District are reconfigured before or after assessments have been levied, the assessments against the replatted area shall be recalculated on a square foot basis.

(e) The apportionment of the cost of the Improvements, between the Improvement District and the City at large, is: 100% to be assessed against the Improvement District and 0% to be paid by the City-at-large.

(f) The payment of assessments to be imposed hereunder may be indefinitely deferred against those property owners eligible for deferral pursuant to the City’s Special Assessment Deferral Program.

(g) The property within the proposed Improvement District is subject to benefit fees to be imposed as a result of previously constructed water main improvements that benefit the property within the proposed Improvement District. Such benefit fees shall be imposed pursuant to K.S.A. 12-6a19, in the following manner: $6,733.00, assessed equally among all property within the proposed Improvement District equally per lot.

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

Section 3. Plans and Specifications. The City Engineer shall prepare plans and specifications for said Improvements and a preliminary estimate of cost therefore, which plans, specifications and estimate shall be presented to the Governing Body for its approval.

Section 4. Bond Authority; Reimbursement. The Act provides for the Improvements to be paid by the issuance of general obligation bonds or special obligation bonds of the City (the "Bonds"). The Bonds may be issued to reimburse expenditures made on or after the date which is 60 days before the date of this Resolution, pursuant to Treasury Regulation § 1.150-2.

Section 5. Effective Date. This Resolution shall be effective upon adoption. This Resolution shall be published one time in the official City newspaper, and shall also be filed of record in the office of the Register of Deeds of Sedgwick County, Kansas.

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ADOPTED by the City Council of the City of Wichita, Kansas, on June 16, 2020.

(SEAL)Brandon J. Whipple, Mayor

ATTEST:

Karen Sublett, City Clerk

APPROVED AS TO FORM:

Jennifer Magaña, City Attorney and Director of Law

219

132019

(Published in the Wichita Eagle, on June 19, 2020)

RESOLUTION NO. 20-176

A RESOLUTION DETERMINING THE ADVISABILITY OF THE MAKING OF CERTAIN INTERNAL IMPROVEMENTS IN THE CITY OF WICHITA, KANSAS; MAKING CERTAIN FINDINGS WITH RESPECT THERETO; AND AUTHORIZING AND PROVIDING FOR THE MAKING OF THE IMPROVEMENTS IN ACCORDANCE WITH SUCH FINDINGS (PAVING IMPROVEMENTS – WILLOW CREEK EAST 4TH ADDITION/SOUTH OF EAST HARRY STREET, EAST OF SOUTH GREENWICH ROAD) (472-2020-085611).

WHEREAS, a petition (the “Petition”) was filed with the City Clerk of the City of Wichita, Kansas (the "City") proposing certain internal improvements; and said Petition sets forth: (a) the general nature of the proposed improvements; (b) the estimated or probable cost of the proposed improvements; (c) the extent of the proposed improvement district to be assessed for the cost of the proposed improvements; (d) the proposed method of assessment; (e) the proposed apportionment of the cost between the improvement district and the City at large; and (f) a request that such improvements be made without notice and hearing as required by K.S.A. 12-6a01 et seq., (the "Act"); and

WHEREAS, the City Council (the “Governing Body”) of the City hereby finds and determines that said Petition was signed by the owners of record of more than one-half of the area liable for assessment for the proposed improvements, and is therefore sufficient in accordance with the provisions of the Act.

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

Section 1. Findings of Advisability. The Governing Body hereby finds and determines that:

(a) The improvements proposed to be made are as follows (the "Improvements"):

Construction of pavement on Harry Ct., from the south line of E. Harry St., southwesterly to and including the cul-de-sac, with drainage to be installed where necessary.

That said pavement between aforesaid limits be constructed for a width of twenty-four (24) feet from gutter line to gutter line, and each gutter to be two feet in width, making a total roadway width of twenty-eight (28) feet, with drainage to be installed where necessary.

b) The estimated or probable cost of the proposed Improvements is: $278,000.00, exclusive of interest on financing and administrative and financing costs; said estimated amount to be increased at the pro rata rate of 1 percent per month from and after the date of submission of the Petition to the City. If expenses have been incurred for the Improvements and construction has not started within two years of the initial design contract, the Improvements will be deemed abandoned and expenses incurred to date will be assessed against property in the Improvement District defined below in accordance with the provisions hereof.

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

WILLOW CREEK EAST 4TH ADDITIONLots 1 through 13, Block A

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(d) The proposed method of assessment is: equally per lot.

In the event that the driveway approaches and curb cuts are not included within the scope of the Improvements and the estimated cost thereof as set forth in subsection (b) above, the costs of such driveway approaches and curb cuts so constructed shall be directly assessed to the property benefitted thereby in addition to the assessments levied for the Improvements.

In the event all or part of the lots or parcels in the proposed Improvement District are reconfigured before or after assessments have been levied, the assessments against the replatted area shall be recalculated on a square foot basis.

(e) The apportionment of the cost of the Improvements, between the Improvement District and the City at large, is: 100% to be assessed against the Improvement District and 0% to be paid by the City-at-large.

(f) The payment of assessments to be imposed hereunder may be indefinitely deferred against those property owners eligible for deferral pursuant to the City’s Special Assessment Deferral Program.

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

Section 3. Plans and Specifications. The City Engineer shall prepare plans and specifications for said Improvements and a preliminary estimate of cost therefore, which plans, specifications and estimate shall be presented to the Governing Body for its approval.

Section 4. Bond Authority; Reimbursement. The Act provides for the Improvements to be paid by the issuance of general obligation bonds or special obligation bonds of the City (the "Bonds"). The Bonds may be issued to reimburse expenditures made on or after the date which is 60 days before the date of this Resolution, pursuant to Treasury Regulation § 1.150-2.

Section 5. Effective Date. This Resolution shall be effective upon adoption. This Resolution shall be published one time in the official City newspaper, and shall also be filed of record in the office of the Register of Deeds of Sedgwick County, Kansas.

ADOPTED by the City Council of the City of Wichita, Kansas, on June 16, 2020.

(SEAL)Brandon J. Whipple, Mayor

ATTEST:

Karen Sublett, City Clerk

APPROVED AS TO FORM:

Jennifer Magaña, City Attorney and Director of Law

221

Agenda Item No. II-4

City of WichitaCity Council Meeting

June 16, 2020

TO: Mayor and City Council

SUBJECT: Amending Resolution for Kellogg, Greenwich to K-96 (District II)

INITIATED BY: Department of Public Works & Utilities

AGENDA: Consent

Recommendation: Adopt the amending resolution.

Background: On May 5, 2020, the City Council adopted Resolution No. 20-121, which allowed a transfer of funding from the Kellogg, Greenwich to K-96 project to the West Street, Harry Street to Kellogg project. A review of the resolution for the Kellogg, Greenwich to K-96 project revealed atechnical error, which should be corrected.

Analysis: The resolution listed the incorrect amount of $56,500,000. An amending resolution has been prepared to correct the amount of $56,550,000 for the Kellogg, Greenwich to K-96 project. The West Street, Harry to Kellogg project remains unchanged.

Financial Considerations: The project budget remains at $56,550,000, as previously approved on May 5, 2020. The funding source is Local Sales Tax Funding.

Legal Considerations: The Law Department has reviewed and approved the amending resolution as to form.

Recommendation/Actions: It is recommended that the City Council adopt the amending resolution andauthorize the necessary signatures.

Attachment: Amending resolution.

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RESOLUTION NO. 20-177

A RESOLUTION AMENDING AND SUPPLEMENTING RESOLUTION NO. 20-121 OF THE CITY OF WICHITA, KANSAS WHICH AUTHORIZED THE ISSUANCE OF GENERAL OBLIGATION BONDS TO PAY THE COSTS OFCERTAIN PUBLIC IMPROVEMENTS IN THE CITY.

WHEREAS, the City of Wichita, Kansas (the “City”) is a municipal corporation, duly created, organized and existing under the Constitution and laws of the State; and

WHEREAS, the Governing Body is authorized, pursuant to K.S.A. 13-1024c, as amended by Charter Ordinance No. 156 of the City (the “Act”) to issue general obligation bonds of the City without an election for the purpose of paying for the construction, purchase or improvement of any public improvement, including the land necessary therefore, and for the purpose of rebuilding, adding to or extending the same as the necessities of the City may require and for the purpose of paying for certain personal property therefore; and

WHEREAS, the Governing Body has heretofore by Resolution No. 20-121 of the City (the “Prior Resolution”), authorized the following described public improvements:

Kellogg, between Greenwich Road and K-96 as necessary for a major traffic facility (472-85032).

(the “Project”) and provided for the payment of all or a portion of the costs thereof by the issuance of general obligation bonds of the City pursuant to the Act.

BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF WICHITA, KANSAS, AS FOLLOWS:

Section 1. Amendment. Section 1 of the Prior Resolution is hereby amended to read as follows:

Section 1. Amendment. Section 1 of Resolution No. 19-480 is hereby amended to read as follows:

Section 1. Amendment. Section 1 of Resolution No. 19-477 is hereby amended to read as follows:

Section 1. Amendment of Resolution No. 18-173. Sections 1 and 2 of Resolution No. 18-173are hereby amended to read as follows:

Section 1. Amended Project Authorization It is hereby authorized, ordered and directed that the Project be acquired and/or constructed at an estimated cost of $56,550,000, in accordance with plans and specifications therefor prepared under the direction of the City Engineer and approved by the Governing Body; said plans and specifications to be placed on file in the office of the City Engineer.

Section 2. Project Financing. All or a portion of the costs of the Project, interest on financing and administrative and financing costs shall be financed with the proceeds of general obligation bonds of the City (the “Bonds”). The Bonds may be issued to reimburse expenditures made on or after the date which is 60 days before June 5, 2018, to the extent of Bonds authorized under the original version of Resolution No. 18-173, the Bonds may be issued to reimburse expenditures made on or after the date which is 60 days before December 17, 2019, to the extent of Bonds authorized under the original version of Resolution No. 19-477, the Bonds may be issued to reimburse expenditures made on or after the date which is 60 days before December 17, 2109, to the extent of Bonds

223

authorized under the original version of Resolution No. 19-480, the Bonds may be issued to reimburse expenditures made on or after the date which is 60 days before May 5, 2020, to the extent of Bonds authorized under the original version of Resolution No. 20-121 andas reduced by subsequent amendment, all pursuant to Treasury Regulation §1.150-2.

Section 2. Repealer; Ratification. Section 1 of the Prior Resolution as such section previously existed is hereby repealed and replaced by the amended version set forth above; and the rest and remainder of such resolution is hereby ratified and confirmed. Section 1 of Resolution No. 19-480 as it previously existed is hereby repealed.

Section 3. Effective Date. This Resolution shall be in full force and effect from and after its adoption by the Governing Body.

ADOPTED by the City Council of the City of Wichita, Kansas, on June 16, 2020.

(SEAL)Brandon J Whipple, Mayor

ATTEST:

Karen Sublett, City Clerk

APPROVED AS TO FORM:

Jennifer Magaña, City Attorney and Director of Law

224

Agenda Item No. II-5

City of WichitaCity Council Meeting

June 16, 2020

TO: Mayor and City Council

SUBJECT: Approval of Agreement at 400 West Douglas (District VI)

INITIATED BY: Office of Property Management

AGENDA: Consent

Recommendation: Approve the easement.

Background: The Wichita Police Department (WPD) has a project to install cameras along river paths from the Keeper of the Plains to the Lincoln Street Dam. In support of this project, the Wichita Police Foundation has agreed to raise the funds needed to purchase the required cameras and to pay for installation. Once installed, the cameras will be included in the City’s existing Genetec Camera system.

Analysis: One of the camera sites is the roof of the Drury Hotel at 400 North Douglas. The owners are agreeable to allowing the City to utilize space on the roof for the camera, antenna array and associated cabling as well as access to the equipment and the required electrical. The term of the agreement is five years with automatic annual renewals thereafter unless terminated in writing by either party.

Financial Considerations: This easement represents no financial cost to the City.

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

Recommendation/Action: It is recommended that the City Council approve the Rooftop Antenna License Agreement and authorize all necessary signatures.

Attachments: Rooftop Antenna License Agreement.

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Agenda Report No. II-6

City of WichitaCity Council Meeting

June 16, 2020

TO: Mayor and City Council

SUBJECT: Abatement of Unsafe Structures (Districts I, III and VI)

INITIATED BY: Metropolitan Area Building and Construction Department

AGENDA: Consent

Recommendation: Approve the assessments and place the ordinance on first reading.

Background: The Metropolitan Area Building and Construction Department (MABCD) supports neighborhood maintenance and improvement through abatement of public nuisances under Titles 18 and 20 of the City Code. State law and local ordinance allow the City to board-up and secure private property that is in violation of housing and/or building code standards after proper notification of the responsible party/parties. A private contractor or City staff performs the work and the MABCD bills the cost to the property owner.

Analysis: State law and City ordinance allow placement of the board-up costs as a special property tax assessment if the property owner does not pay. Payment has not been received for the board-up abatements in question and the MABCD is requesting permission for the Department of Finance to process the necessary special assessments.

Financial Considerations: Statements of Charges will be mailed to the property owners on June 26, 2020. The property owners have 30 days from the date of the statement to pay the assessment and avoid paying interest. If unpaid, the principal and interest will then be spread for one-year and placed on the 2020 tax roll.

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

Recommendations/Actions: It is recommended that the City Council approve the proposed assessments and place the ordinance on first reading.

Attachments: Property List for Special Assessments and Ordinance.

238

PIN # Geo Code # Address / Location Cost District00105012 A 05010 1922 N Payne Ave board up $493.00 600123744 B 04664 1003 S Topeka Ave board up $1,174.31 300153490 C 088210001 1521 N Green St board up $919.12 100157926 C 122910002 620 S Crestway Ave board up $95.88 3

Total $2,682.31

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Org Code #10022741 6 AffidavitsObject Code #424990 6742 A90993 2020

Published in the Wichita Eagle on June 26, 2020

ORDINANCE NO. 51-296

AN ORDINANCE MAKING A SPECIAL ASSESSMENT TO PAY FORTHE BOARDING-UP AND SECURING OF CERTAIN STRUCTURES, BEING DANGEROUS AND UNSAFE BUILDINGS WHICH HAVE BEEN DECLARED A NUISANCE (BUILDING EMERGENCY BOARD-UP) UNDER THE PROVISION OF SECTIONS 18.16.010 TO 18.16.090 OF THE CODE OF THE CITY OF WICHITA, KANSAS

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

SECTION 1. That the sum set opposite the following lots, herein specified, be and the same is hereby levied to pay the cost of boarding-up and securing certain structures, being dangerous and unsafe buildings which have been declared a nuisance under the provisions of Sections 18.16.010 to 18.16.090 of the Code of the City of Wichita, Kansas, located and situated upon the following described property:

Legal of Parcel in Benefit District AssessmentS 1/2 W 1/2 LOT 20 & N 25 FT W 1/2 LOT 22 PAYNE AVE. FORD'S 2ND. ADD. 493.00

LOT 113 BLOCK 4 ORME & PHILLIPS ADD. 1174.31

LOTS 18-20 GREEN ST. REPLAT OF PART OF GETTO'S 2ND. ADD. 919.12

LOTS 18-20 EAST NOW CRESTWAY BLUE GRASS SUB. 95.88

SECTION 2. The sum so assessed and apportioned against the lots herein before set out and not paid within 30 days from date of notice sent out by the Debt Management Office of the Department of Finance as provided by law, shall be collected by special assessment upon the property liable therefore in one installment and placed upon the tax roll for the year 2020 and shall be certified to the County Clerk and shall be levied and collected in the same manner as other taxes, and the Debt Management Office of the Department of Finance is hereby directed to give written notice to property owner(s) owning property assessed herein, as required by law.

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SECTION 3. This ordinance shall take effect and be in force from and after its publication once in the official City paper.

ADOPTED, at Wichita, Kansas, this 23rd day of June, 2020.

Brandon J. Whipple

ATTEST:

Karen Sublett, City Clerk

(SEAL)

Approved as to form:

__________________________________________Jennifer Magana, City Attorney and Director of Law

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Agenda Item No. II-7

City of WichitaCity Council Meeting

June 16, 2020

TO: Mayor and City Council

SUBJECT: Consulting Agreement for Artistic Oversight Services for Ballpark Project (District IV)

INITIATED BY: Department of Public Works & Utilities

AGENDA: Consent

Recommendations: Approve the agreement for Artistic Oversight Services.

Background: On December 11, 2018, the City Council approved the Design-Build Agreement for the Entertainment Venue and Multi-Sport Stadium with J.E. Dunn-Eby, a Joint Venture that includes, The DLR Group, PEC, and SJCF as members of the team. During the design phase, the Oversight Committee set aside a budget of $700,000 to incorporate artistic elements into the stadium.

Analysis: In order to seize available opportunities to integrate artistic elements into the design and construction of the stadium, SJCF was asked to coordinate the efforts through design, fabrication, and installation. In June 2019, SJCF issued a request for qualifications for artists to submit on one, or more, of the ten locations identified for aesthetic improvements within the stadium. Eleven artists were selected to design and install artistic elements within the stadium. SJCF has worked with the artists to determine each artist’s budget and to develop thematic, cohesive elements throughout the stadium. Aesthetic element concepts were presented to the Design Council in December 2019 for their consideration and comments. The artists refined their concepts based on Design Council input and presented final concepts to the Design Council in February and March 2020.

Financial Considerations: The proposed consulting agreement fee for Artistic Oversight Services is $58,260. Funding for these services is included within the $700,000 set aside for artistic elements. The $700,000 is within the $77 million budget approved by the City Council on October 23, 2018 for the stadium and adjacent street and infrastructure improvements.

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

Recommendations/Actions: It is recommended that the City Council approve the consulting agreement with SJCF and authorize the necessary signatures.

Attachment: Consulting agreement.

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This Agreement entered into by:

________________________________________ ________________________________________Owner (Signature) Architect (Signature)

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Agenda Item No. II-8

City of WichitaCity Council Meeting

June 16, 2020

TO: Mayor and City Council

SUBJECT: Supplemental Consulting Agreement No. 1 for Owner’s Representative Services for Ballpark Project (District IV)

INITIATED BY: Department of Public Works & Utilities

AGENDA: Consent

Recommendations: Approve the Supplemental Consulting Agreement No. 1 for Owner’s Representative Services.

Background: On January 15, 2019, the City Council approved a consulting agreement with IFG for owner representative services to assist with the Riverfront Stadium project.

Analysis: During the past 16 months IFG has assisted with project oversight of the design and construction of the Riverfront Stadium to meet the Substantial Completion date of April 14, 2020. Construction of the stadium is completed with the exception of punch list items noted during scheduled walk-throughs with JE Dunn/Eby, SJCF, DLR, IFG, City, and Team (Wind Surge) staff. All punch list items are anticipated to be completed by mid-June. During the past few weeks, focus has shifted from construction activities to project closeout. IFG has taken and will continue to take an active role with project closeout. These activities will include; verifying punch list items have been addressed, conducting crack study of facility, reviewing submitted closeout documentation (Operations and Maintenance Manuals, Service Agreements, As-Builts, etc.) and have committed to return for the one year warranty walk through to be conducted in March 2021.

Financial Considerations: The consulting agreement fee for IFG Owner’s Representation to date is $724,500. The cost of the Supplemental Consulting Agreement No. 1 is $118,500, for a total fee of $843,000. Funding for these services is included within the $77 million budget approved by the City Council on October 23, 2018 for the stadium and adjacent street and infrastructure improvements.

Legal Considerations: The consulting agreement has been reviewed and approved as to form by the Law Department.

Recommendations/Actions: It is recommended that the City Council approve the Supplemental Consulting Agreement No. 1 with IFG and authorize the necessary signatures.

Attachment: Consulting agreement.

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SECOND READING ORDINANCES FOR JUNE 16, 2020 (FIRST READ JUNE 9, 2020)

a. ORDINANCE NO. 51-295AN ORDINANCE AMENDING SECTION 7.60.040 OF THE CODE OF THE CITY OF WICHITA, KANSAS, PERTAINING TO TOBACCO – SALE OF CIGARETTES AND TOBACCO PRODUCTS AND REPEALING THE ORIGINAL OF SAID SECTION.

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Agenda Report No. II-10

City of WichitaCity Council Meeting

June 16, 2020

TO: Mayor and City Council

SUBJECT: SUB2019-00024 -- Plat of Turkey Creek 4th Addition Located on the North Side of West Pawnee Avenue, on the East Side of South 135th Street West (District IV)

INITIATED BY: Metropolitan Area Planning Department

AGENDA: Planning (Consent)____________________________________________________________________________________

MAPC Recommendation: Approve the plat (12-0).

Staff Recommendation: Approve the plat.

Background: The site consists of 242 lots on 94.14 acres zoned SF-5 Single-Family Residential and TF-3 Two-Family Residential.

Analysis: The applicant has submitted a Certificate of Petition for sewer, water, paving and drainage improvements. The applicant has submitted a Restrictive Covenant in accordance with the City of Wichita Backyard Drainage Policy and to provide for the ownership and maintenance responsibilities of the reserves being platted. The applicant has submitted a Restrictive Covenant for an emergency access easement.

The plat has been reviewed and approved by the Metropolitan Area Planning Commission subject to conditions.

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Financial Considerations: There are no financial considerations associated with the plat.

Legal Considerations: The Law Department has reviewed and approved the pertinent documents as to form and the documents will be recorded with the Register of Deeds.

Recommendations/Actions: It is recommended that the City Council approve the documents and platand authorize the necessary signatures.

Attachments: Certificate of Petition.Restrictive Covenants.

SUB2019-00024Wichita City Council – June 16, 2020 Page 2

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CERTIFICATE OF PETITION

STATE OF KANSAS COUNTY OF SEDGWICK ) ) SS: We, DPK. LLC, a Kansas limited liability company. owners of Turkey Creek 4th Addition, Wichita, Sedgwick County, Kansas, do hereby certify that petition(s) for the following improvements have been submitted to the City Council of the City of Wichita, Kansas:

1. Sanitary Sewer Improvements2. Water Improvements3. Paving Improvements4. Storm Water Drain ImprovementsAs a result of the above-mentioned petition(s) for improvements, all lots or portions thereof within Turkey Creek 4th Addition, may be subject to special assessments assessed thereto for the cost of constructing the above-described improvements.

Signed this �.L,-l- day of_-'--tfJ_,.u--+----'' 2020.

DPK,LLC

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Agenda Item No. II-11

City of WichitaCity Council Meeting

June 16, 2020

TO: Mayor and City Council

SUBJECT: A20-02: Ascension Via Christi Property Services Requests Annexation of Land Generally Located on the Southeast Corner of East 31st Street South and South Oliver Street. (District III)

INITIATED BY: Metropolitan Area Planning Department

AGENDA: Planning (Consent)_____________________________________________________________________________________

Recommendation: Approve the annexation request.

Background: The City has received a request to annex three acres of land generally located on the southeast corner of East 31st Street South and South Oliver Street. The annexation area is bordered by property located within the City of Wichita’s incorporated area on the west and north sides.

Analysis: Land Use and Zoning: The annexation area is zoned LI Limited Industrial. The property iscurrently undeveloped but is proposed to be developed with a single building for a future medical clinic.Upon annexation, the property will stay LI Limited Industrial zoning.

The zoning and uses of the adjacent properties are:

North: SF-5 Single Family Residential: Single family residential development.South: LI Limited Industrial: Commercial office building.East: LI Limited Industrial: Undeveloped land.West: LI Limited Industrial: Restaurant and other commercial uses.

Public Services: Water and sewer services are available on site.

Street System: The annexation area abuts South Oliver Avenue, a paved five-lane arterial street, and East 31st Street South, a paved two-lane arterial street. The intersection has been improved with left turn lanes in each direction.

Public Safety: Fire protection is currently provided to the area on the basis of a first-responder agreement between the City and County, and that service will continue following annexation. The nearest City station is Fire Station No. 11 at 1845 George Washington Boulevard. Upon annexation, police protection will be provided to the area by the Patrol East Bureau of the Wichita Police Department, headquartered at 350 South Edgemoor Street.

Parks: The nearest park is Planeview Park, a 108.59 acre park located within one-half mile north and westof the subject site at 2819 South Fees Street.

School District: The annexation property is part of the Wichita Unified School District 259. Annexation will not change the school district.

Comprehensive Plan: The proposed annexation is consistent with the Wichita-Sedgwick County Comprehensive Plan. The annexation property falls within the Wichita 2035 Urban Growth Area as shown in the Plan.

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Financial Considerations: The current approximate appraised value of the proposed annexation lands, according to County records, is $265,900 with a total assessed value of $66,475. Using the current City levy ($32.721/$1000 x assessed valuation), this property would yield approximately $2,175 in City annual property tax revenues upon annexation. The future assessed value of this property will depend on the type and timing of any other developments on the proposed annexation property and the current mill levy. At this time, the property owner will be converting the existing building to a 10,000 square-foot medical clinic, which is will have an anticipated appraised value of 2,980,000. Assuming the current city levy remains about the same, this would yield approximately $24,377 in City annual tax revenues.

Legal Considerations: The property is eligible for annexation under K.S.A. 12-517, et seq. The annexation ordinance has been reviewed by the Law Department and approved as to form.

Recommendations/Actions: It is recommended that the City Council approve the annexation request, place the ordinance on first reading, authorize the necessary signatures and instruct the City Clerk to publish the ordinance after approval on second reading.

Attachments: Map SheetOrdinance

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Planning Agenda Item: A20-02 Attachment No. 1

An ordinance including and incorporating certain blocks, parcels, pieces, and tracts of land within the limits andboundaries of the City of Wichita, Kansas, and relating thereto.

General Location: On the southeast corner of East 31st Street South and South Oliver Avenue.

Address: 5025 E 31st Street South Reason(s) for Annexation:3 Area in Acres X Request

0 Existing population (est.) Unilateral

0 Existing dwelling units Island

0 Existing industrial/commercial units Other:

Existing zoning: LI Limited Industrial

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(150004) PUBLISHED IN THE WICHITA EAGLE ON June 26, 2020

ORDINANCE NUMBER 51-297

CASE NUMBER A20-02

AN ORDINANCE INCLUDING AND INCORPORATING CERTAIN BLOCKS, PARCELS, PIECES AND TRACTS OF LAND WITHIN THE LIMITS AND BOUNDARIES OF THE CITY OF WICHITA, KANSAS.

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

KANSAS:

SECTION 1. The governing body, under the authority of K.S.A. 12-517, et seq,

hereby annexes the following blocks, parcels, pieces and tracts of land and they are

hereby included and brought within the corporate limits of the City of Wichita, Kansas

and designated as being part of City Council District III:

COMMENCING at the northwest corner of the Northwest Quarter of Section 12, Township 28 South, Range 1 East of the Sixth Principal Meridian, Sedgwick County, Kansas; thence bearing South 00°47’43.8” West along the west line of said Northwest Quarter, as platted in said BMAC Employee Activity Center, for a distance of 75.10 feet; thence bearing South 89°56’23” East for a distance of 74.68 feet to a Chiseled Cross at the northwest corner of Lot 1, Block A, BMAC Employee Activity Center, Sedgwick County, Kansas, being the POINT OF BEGINNING; thence bearing South 0°42’35” West along the west line of said Lot 1 for a distance of 174.83 feet (platted as 175 feet) to a Chiseled Cross at a deflection in the west line of said Lot 1; thence bearing South 14°50’13” West along the west line of said Lot 1 for a distance of 103.13 feet (platted as 103.08 feet) to a 1/2-Inch Diameter Rebar with plastic ID cap at a deflection in the west line of said Lot 1; thence bearing South 0°47’16” West along the west line of said Lot 1 for a distance of 49.24 feet; thence bearing South 89°12’16” East for a distance of 374.96 feet to the west line of the Floodway, as platted in said BMAC Employee Activity Center; thence bearing North 17°53’08” West along said west line of the Floodway for a distance of 26.71 feet to a deflection in said west line of the Floodway; thence bearing North 29°55’00” East for a distance of 117.51 feet to a deflection in said west line of the Floodway; thence bearing North 4°04’04” West along said west line of the Floodway for a distance of 227.28 feet to the north line of said Lot 1; thence Bearing North 89°53’11” West along the north line of said Lot 1 for a distance of 104.55 feet to a 1-Inch Iron Pipe at a deflection in the north line of said Lot 1; thence South 75°44’07” West along the north line of said Lot 1 for a distance of 103.18 feet (platted as 103.08 feet) to a Chiseled Cross at a deflection in the north line of said Lot 1; thence bearing North 89°56’23” West along the north line

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Ordinance Page 2(A20-02)

of said Lot 1 for a distance of 175.41 feet (platted as 175 feet) to the POINT OF BEGINNING; containing 130,680 sq. ft. (3.000 acres), more or less.

SECTION 2. That if any part or portion of this ordinance shall be held or

determined to be illegal, ultra vires or void the same shall not be held or construed to

alter, change or annul any terms or provisions hereof which may be legal or lawful. And

in the event this ordinance in its entirety shall be held to be ultra vires, illegal or void,

then in such event the boundaries and limits of said City shall be held to be those

heretofore established by law.

SECTION 3. That the City Attorney is hereby instructed at the proper time to

draw a resolution redefining the boundaries and limits of the City of Wichita, Kansas,

under and pursuant to K.S.A. 12-517, et seq.

SECTION 4. This ordinance shall become effective and be in force from and

after its adoption and publication once in the official city paper.

ADOPTED at Wichita, Kansas, this June 23, 2020.

CITY OF WICHITA, KANSAS

____________________________ Brandon J. Whipple, Mayor

ATTEST:

_________________________________________Karen Sublett, City Clerk

Approved as to form:

_________________________________________Jennifer Magana, City Attorney & Director of Law

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