AGENDACITY COUNCIL

Tuesday, August 11, 20209:00 AM

The regular meeting of the City Council will be held on August 11, 2020 at 9:00 AM in the CityCouncil Chambers

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 August 4, 2020

Proclamations:

American Wind WeekSave the Bees Day

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. Gerald Baker - Traffic Signal and Crosswalk at 9th and McLean.

2. Marty Spence - Health mandate and navigating the business side of it.

3. Todd Ramsey - Century II and the "slap in the face" of the non-petition signers.

II. CONSENT AGENDA ITEMS 1 THROUGH 20

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NOTICE: 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.

COUNCIL BUSINESS

III. BOARD OF BIDS AND CONTRACTS

1. Report of Board of Bids and Contracts dated August 10, 2020.

RECOMMENDED ACTION: Receive and file report, approve the contracts andauthorize the necessary signatures.

IV. UNFINISHED COUNCIL BUSINESS - NONE

V. NEW COUNCIL BUSINESS

1. (PLACE HOLDER) Adoption of the 2021 Annual Operating Budget and 2021-2030Capital Improvement Program.

2. Public Hearing and Request for a Letter of Intent to Issue Industrial Revenue Bonds(Webb Industrial, LLC) (District II)

RECOMMENDED ACTION: Close the public hearing, adopt the Resolution of Intentand authorize the necessary signatures.Agenda Report No. V-2.docIRB ApplicationResolution 20-240

3. Public Hearing on the Establishment of the Riverside Housing RedevelopmentDistrict, Tax Increment Financing. (District VI)

RECOMMENDED ACTION: Close the public hearing, place the ordinance on firstreading, and authorize the necessary signatures.Agenda_Report_No._V-3.docxOrdinance 51-333

4. Funding for Improvements to Sycamore Street, Douglas Street to McLean Boulevard.(District VI)

RECOMMENDED ACTION: Approve the revised budget, adopt the amending

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resolution, and authorize the necessary signatures. Agenda Report No. V-4.docResolution 20-241

5. Ordinances Establishing Open Air ICT Temporary Use Permits.

RECOMMENDED ACTION: Declare an Emergency and approve the ordinance onfirst reading and authorize the necessary signatures.Agenda Report No. V-5.docxOpen Air ICT - Temporary Use Permit (DRAFT).docxOpen Air ICT - Temporary Use Permit - Exhibit A (DRAFT).docxOrdinance 51-335Ordinance 51-335 Emergency Declaration

6. Ordinances Amending Sections 5.42.020 and 5.43.050 Pertaining to Wearing ofMasks in Public Places.

RECOMMENDED ACTION: Declare an emergency and approve the ordinance onfirst reading.Agenda Report No. V-6.docxDelineated Ordinance.docxEmergency_Declaration_-_Mask_Ordinance.docxOrdinance 51-336

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

1. ZON2020-00023 – Zone Change from B Multi-Family Residential and GC GeneralCommercial to LI Limited Industrial to Allow For Uniform Development With the Lot tothe South Addressed 203 North Handley; Generally Located 515 Feet North of WestDouglas on the East Side of Walnut Street. (District VI)

RECOMMENDED ACTION: Adopt the findings of the MAPC, approve the requestedzone change and place the ordinance on the first reading, authorize the necessarysignatures, and instruct the City Clerk to publish the ordinance after approval onsecond reading (requires four votes or a simple majority vote). The case may bereferred back to the MAPC with a simple majority vote. The City Council may overturn

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the recommendation of the MAPC and approve the rezone request with a modifiedProtective Overlay with five of seven votes.Agenda Report No. VI-1.docxSupporting DocumentsOrdinance 51-334

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 AGENDANOTICE: 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 - NONE

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 20

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 AUG 11.docx

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2. Preliminary Estimates:

a. List of Preliminary Estimates.

RECOMMENDED ACTION: Receive and file. PEsforCC_08-11-20.pdf

b. Preliminary Estimate for Paving to serve Falcon Falls 3rd Addition.

RECOMMENDED ACTION: Receive and file.PE Paving Falcon Falls 3rd Addn.pdf

c. Preliminary Estimate for Paving Improvements to serve Northgate 3rd Addition.

RECOMMENDED ACTION: Receive and file.PE Paving Northgate 3rd Addn.pdf

d. Preliminary Estimates for Sewer Improvements to serve Falcon Falls 3rd Addition.

RECOMMENDED ACTION: Receive and file.PE Sewer Falcon Falls 3rd Addn.pdf

e. Preliminary Estimates for Water Improvements to serve Falcon Falls 3rd Addition.

RECOMMENDED ACTION: Receive and file.PE Water Falcon Falls 3rd Addn.pdf

3. Petitions for Public Improvements:

a. Petition for Improvements to Serve Oasis Addition. (District V)

RECOMMENDED ACTION: Approve the petition and budget, adopt the resolution,and authorize the necessary signatures.Agenda Report No. II-3a.docSupporting Documents.pdfResolution 20-242

b. Petition for Improvements to Serve Mallard Estates Addition. (District V)

RECOMMENDED ACTION: Approve the petition and budget, adopt the resolution,and authorize the necessary signatures.Agenda Report No. II-3a.docSupporting Documents.pdfResolution 20-243

4. Design Services Agreements:

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a. Supplemental Design Agreement No. 1 for Improvements to Siena Lakes 2ndAddition. (District V)

RECOMMENDED ACTION: Approve Supplemental Design Agreement No. 1 andauthorize the necessary signatures.Agenda Report No. II-4a.docxSDA No. 1.pdf

5. Property Acquisitions:

a. Partial Acquisition 10628 East Pawnee for the Pawnee Avenue - Webb Road toGreenwich Road Improvement Project. (District II)

RECOMMENDED ACTION: Approve the acquisition, authorize the budget andauthorize the Mayor to sign any necessary documents.Agenda Report No. II-5a.docSupporting Documents

Uncategorized Items:

6. Derby and Butler County 2020 Interlocal Agreements.

RECOMMENDED ACTION: Approve the interlocal agreements for the City of Derbyand Butler County for 2020.Agenda Report No. II-6.docButler County Agreement 2020.docDerby Agreement 2020.doc

7. 2021 State Edward Byrne Memorial Justice Assistance Grant (JAG).

RECOMMENDED ACTION: Approve the grant application and authorize thenecessary signatures if awarded. Agenda Report No. II-7.doc

8. 2020 Federal Justice Assistance Local Grant (JAG) .

RECOMMENDED ACTION: Approve the Memorandum of Understanding andauthorize the necessary signatures.Agenda Report No. II-8.docMOU

9. 2021 Victims of Crime Act (VOCA) Continuation Grant.

RECOMMENDED ACTION: Approve the 2021 VOCA grant submission andauthorize the necessary signatures upon award.

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Agenda Report No. II-9.doc

10. Grant Application to US Department of Commerce, Economic DevelopmentAdministration.

RECOMMENDED ACTION: Approve submission of the grant application, andauthorize the necessary signatures on the grant application.Agenda Report No. II-10.docxED-900 GA B.1 - 2020.07.07 final.docx2020_05_29_Greater Wichita Economic Recovery.pdf2020.05.15.pdf21ST Street Project.pdf

11. Ordinance Correcting Boundaries of Union Station TIF, Tax Increment Financing.(District I)

RECOMMENDED ACTION: Place the ordinance on first reading and authorize thenecessary signatures.Agenda Report No. II-11.docxOrdinance 51-332

12. Second Reading Ordinances:

a. Second Reading Ordinances (first read August 4, 2020)

RECOMMENDED ACTION: Adopt the ordinances. List of Second Reading Ordinances 08-11-2020.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. onthe Wednesday preceding this meeting. The Council will determine from the writtenstatement whether to return the matter to the MAPC for rehearing.

13. VAC2020-00010 – Vacation of a Portion of North Kansas Avenue and a Portion of anAlley; Generally Located on the East Side of North Hydraulic Avenue and One BlockSouth of East 13th Street North, 1270 North Kansas. (District I)

RECOMMENDED ACTION: Follow the recommendation of the Metropolitan AreaPlanning Commission and approve the Vacation Order (simple majority of four votesrequired) and authorize the necessary signatures.Agenda Report No. II-13.docxSupporting Documents

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14. VAC2020-00016 – City Vacation of a Platted Utility Easement on Property Zoned LCLimited Commercial; Generally Located North of East 37th Street North and East ofNorth Woodlawn Boulevard, 3810 North Woodlawn Boulevard. (District I)

RECOMMENDED ACTION: Follow the recommendation of the Metropolitan AreaPlanning Commission and approve the Vacation Order (simple majority of four votesrequired) and authorize the necessary signatures.Agenda Report No. II-14.docxVAC2020 16 -MAPC Min Excerpt.docxVAC2020 16 -Vacation Order.docx

15. VAC2020-00017 – City Vacation of a 30-Foot Unconstructed Street Right-of-Way toExtend the Owner’s Property Line on Property Zoned SF-5 Single Family Residentialand Generally Located One-Quarter Mile East of North West Street and One-QuarterMile South of West 13th Street North, 3534 West 11th Street North. (District VI)

RECOMMENDED ACTION: Follow the recommendation of the Metropolitan AreaPlanning Commission and approve the Vacation Order (simple majority of four votesrequired) and authorize the necessary signatures.Agenda Report No. II-15.docxVAC2020 17 -MAPC Min Excerpt.docxSupporting DocumentsVAC2020 17 -Vacation Order.docx

16. VAC2020-00018 – City Vacation of a Platted Floodway Easement on Property ZonedSF-5 Single Family Residential and Generally Located One-Quarter Mile West ofNorth Webb Road and One-Half Mile North of East 21st Street North, 9032 EastLakepoint. (District II)

RECOMMENDED ACTION: Follow the recommendation of the Metropolitan AreaPlanning Commission and approve the Vacation Order (simple majority of four votesrequired) and authorize the necessary signatures. Agenda Report No. II-16.docxVAC2020 18 -MAPC Min Excerpt.docxVAC2020 18 -Vacation Order.docx

17. VAC2020-00019 – City Vacation of a Portion of a Platted Drainage of UtilityEasement on Property Zoned SF-5 Single Family Residential and Generally LocatedOne-Quarter Mile East of North Ridge Road and One-Quarter Mile North of West 37thStreet North. (District V)

RECOMMENDED ACTION: Follow the recommendation of the Metropolitan AreaPlanning Commission and approve the Vacation Order (simple majority of four votesrequired) and authorize the necessary signatures.Agenda Report No. II-17.docxVAC2020 19 -MAPC Min Excerpt.docx

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VAC2020 19 -Vacation Order.docx

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 ITEMSNOTICE: 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.

18. Garver, LLC - Agreement, Wichita Dwight D. Eisenhower National Airport.

RECOMMENDED ACTION: Approve the agreement and authorize the necessarysignatures.Agenda Report No. II-18.docGarver Use and Lease Agreement.pdf

19. Use and Lease Agreement, EagleMed, LLC – Supplemental No. 3, Wichita Dwight D.Eisenhower National Airport.

RECOMMENDED ACTION: Approve the supplemental agreement and authorize thenecessary signatures. Agenda Report No. II-19.docEagleMed SA#3.pdf

20. EagleMed, LLC – Supplemental Agreement No. 4, Wichita Dwight D. EisenhowerNational Airport.

RECOMMENDED ACTION: Approve the supplemental agreement and authorize thenecessary signatures. .Agenda Report No. II-20.docEagleMed SA#4.pdf

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Agenda Item No. V-2

City of WichitaCity Council Meeting

August 11, 2020

TO: Mayor and City Council

SUBJECT: Public Hearing and Request for a Letter of Intent to Issue Industrial Revenue Bonds (Webb Industrial, LLC) (District II)

INITIATED BY: Office of Economic Development

AGENDA: New Business

Recommendation: Close the public hearing, adopt the Resolution of Intent and authorize the necessary signatures.

Background: In December of 2017, the City Council approved a new speculative industrial/flex space program to encourage the development of large buildings. Webb Industrial, LLC, is requesting approval of a Letter of Intent (LOI) to issue Industrial Revenue Bonds (IRBs) in an amount not to exceed $7,600,000 for the construction of a speculative industrial building with a five-plus-five-year 95% and 50% ad valorem tax exemption, respectively.

Analysis: Webb Industrial, LLC, is a recently formed Kansas limited liability company that was formed to develop and own the proposed facility. The members of Webb Industrial include Ivan Crossland, Jr., Dave Murfin and Steven Barrett. Webb Industrial is completing a 140,000 square-foot building near 40th

Street North and Webb Road that was approved for the use of IRBs and has been leased by Amazon. Crossland and Barrett built 250,000 square feet of speculative industrial space (29th and Ohio) in 2016 under a previously approved policy and Barrett, with other partners, built a 140,000 square-foot speculative industrial building (Pawnee and Meridian) in 2008.

Webb Industrial is applying for an IRB LOI under the new speculative building program approved in December, 2017. The program requires developers to build at least 100,000 square feet of industrial space that cannot be divided into increments smaller than 25,000 square feet and requires a minimum clear height (height from the floor to the bottom of the beams) of 28 feet. To be eligible to receive the incentive, the developers are required to begin construction within 120 days of City Council approval and must complete construction within 15 months of City Council approval.

If this construction timeline is achieved, the property will be eligible for a 95% ad valorem tax abatement for the first five years, and if the property is at least 50% leased at the five-year anniversary, it would be eligible for a 50% ad valorem tax abatement for the second five years, subject to City Council approval. The developer also receives a sales tax exemption on construction materials. The developer will be required to report all leasing activity on an annual basis. No job creation is required under this program.

Webb Industrial intends to build a 113,000 square-foot speculative industrial building on vacant land on Toben Street near the intersection of 40th and Webb Road. Webb Industrial is requesting a Letter of Intent in an amount not to exceed $7,600,000 to cover the cost of constructing the building.

Financial Considerations: Webb Industrial 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. Under the speculative

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industrial/flex space program, Webb Industrial qualifies for a 95% property tax abatement for an initial five-year period on all bond-financed real property, plus a 50% abatement for the second five years subject to City Council approval.

A benefit/cost analysis was performed by Wichita State University's Center for Economic Development and Business Research based upon the proposed Letter of Intent, with the following ratio of benefits to costs:

City of Wichita 1.47 to 1.00City General Fund 1.33 to 1.00City Debt Service Fund 1.57 to 1.00Sedgwick County 1.38 to 1.00USD 375 2.16 to 1.00State of Kansas 2.48 to 1.00

There are no job requirements of this program. It is intended to provide large industrial space for the market, which is currently lacking in the City.

Legal Considerations: Bond documents required for the issuance of the bonds will be prepared by the City’s outside bond counsel, Gilmore & Bell, P.C. 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, adopt the Resolution of Intent and authorize the necessary signatures.

Attachments: Letter of Intent request, Resolution of Intent

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Industrial Revenue Bond Application

Webb Industrial, LLC (Tenant)

To Be Determined (Sub-Tenant)

City of Wichita, Kansas

July 8, 2020

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WEBB INDUSTRIAL LLC

July 8, 2020

Mayor Brandon Whipple and Wichita City Council MembersCity of Wichita, City Hall455 N. MainWichita, KS 67202

RE: APPROVAL OF AN ESTIMATED $7,600,000 of CITY OF WICHITA, KANSAS, TAXABLE INDUSTRIAL REVENUE BONDS

Dear Mayor Whipple and Wichita City Council,

We are writing to request your support for the issuance of approximately $7,600,000 of City of Wichita, Kansas Taxable Industrial Revenue Bonds. We will use the Bonds to finance the purchase of land and the construction of a speculative warehouse building containing approximately 113,000 square feet of space. The building will be used for industrial and distribution warehouse purposes. The building will be constructed on a speculative basis and the Bonds will be issued as a part of the City’s speculative industrial building program.

The issuance of Bonds and the receipt of the economic incentives available in connection therewith are critical in order to allow Webb Industrial, LLC to proceed with the purchase of the land and construction of the speculative industrial building. Wichita currently has very little modern industrial space on the market for lease, which in turn acts as a hindrance for economic growth. Many national companies looking for space for their products and employees simply pass Wichita over as they are unwilling or unable to wait the time required for a facility to be planned and built. Local brokers are reporting that our community has little speculative projects in development or on the horizon that would help relieve the lack of space. We are excited to step in and propose this project and we are confident the project will have a very positive economic effect for the City of Wichita. Our proposed facility will meet all modern standards for use and efficiency and will be located in one of Wichita’s newest industrial parks located near 40th Street North and Toben Road.

We will be available for any questions you may have regarding our request and look forward to working with you. Thank you in advance for your time and consideration. I think you will find this project addresses a critical need and is very beneficial to the City of Wichita.

Regards,

Webb Industrial, LLC

Steven R. Barrett, Managing Member

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1. Name and Addresses of Applicant:

Tenant: Webb Industrial, LLC150 N. MarketWichita, KS 67202Telephone: (316) 262-6400Facsimile: (316) 265-9395Attention: Steven R. Barrett, Managing Member

Sub-Tenant: Speculative Warehouse ProjectTo Be Determined

Proposed Address: Near 40th Street North and Toben Road, Wichita Ks.

2. General description of the Applicant and its Members:

Webb Industrial, LLC is a Kansas limited liability company that was formed in 2016 for the primary purpose of developing and owning speculative warehouse facilities (the “Applicant”). This request represents the Applicant’s second speculative warehouse project within the same industrial park. The City of Wichita and the Applicant entered into a letter of intent dated July 23, 2019 whereby the City of Wichita (the “City”) expressed its intent to issue up to $11,000,000.00 of its Taxable Industrial Revenue Bonds to allow Webb Industrial to construct a speculative warehouse building having an estimated 136,580 square feet of space. The construction of the first building is complete, as well as, the leasing of the building with a national Fortune 50 Tenant who will be disclosed late this year. The issuance of the Taxable Industrial Revenue Bonds for the constructed building is expected to take place sometime later in 2020.

The members of Applicant include Crossland Holdings II, LLC, SRB Kansas, LLC and David Murfin. The Applicant is managed by Ivan Crossland, Jr. and Steven R. Barrett both of whom have a successful history of constructing, developing and operating projects such as this one. The Industrial Revenue Bonds requested pursuant to this request will either be purchased by the Applicant or by a financial institution that has knowledge of the financial position of the Applicant and its members.

Some of the Members of the Applicant are also affiliated with Pawnee Industrial, LLC which built the first speculative building within the City using the City’s Taxable Industrial Revenue Bonds in December of 2008. The Industrial Revenue Bonds used to finance the 2008 project are now paid-off and the project is now on the Sedgwick County property tax roll. In addition, Pawnee Industrial II, another affiliated company, constructed two speculative warehouse buildings having a total of approximately 250,000 square feet of space within the City using the City’s Industrial Revenue Bonds in 2018. Both the 2008 building and the 2018 building have been a leasing success story.

3. General description of the Project:

The project subject to this application will consist of the purchase of land and the construction of a speculative warehouse building containing approximately 113,000 square feet of space(the “Project”). A preliminary site plan of the Project site, the preliminary elevations showing the exterior of the building, and a cost benefit analysis are enclosed herewith for your

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information. Because there are currently no known tenants, the Project will be built on a speculative basis with the intent of bringing in national and regional companies and jobs to the City. At this time it is anticipated that the construction of the Project will be commenced during the summer of 2020. By adding another 113,000 square feet of move-in ready industrial and distribution warehouse space to the local market, we believe we will help achieve one of the stated objectives of the Greater Wichita Economic Development Council (GWEDC).

The building constructed as a part of the Project will consist of approximately 113,000 square feet. The building will have 32 dock high doors, a 40' clear ceiling height, and provide for approximately 155 parking spaces.

4. Bond Amount and Specific Incentives Requested:

We are requesting the issuance of approximately $7,600,000.00 of the City of Wichita, Kansas Taxable Industrial Revenue Bonds (Webb Industrial, LLC, Warehouse Project). Referred to herein as the “Bonds”.

At this time we are requesting a five plus five (5+5) property tax abatement for that portion of the Project purchased, constructed and financed with the Bonds and a sales tax exemption in connection with the purchases of materials and equipment used in the construction and equipping of the Project.

We understand that the tax abatement is ninety-five percent (95%) for the first five (5) years and fifty percent (50%) for the second five (5) year period. We further understand that the land will not be exempt from property taxes.

5. Benefits to the City of Wichita:

By granting the property tax abatement for the Project and the sales tax exemption in connection with the purchase of the building materials and equipment used to construct and equip the Project, the City will be providing the economic incentives to Webb Industrial, LLC that are necessary to allow it to purchase and construct the Project which will in turn help the City to receive future economic benefits. Currently the land sits vacant and generates very little tax or economic benefit. We believe the City has much to gain and nothing to lose by approving our request. Given its location, a state-of-the-art industrial building will be very attractive to many outside businesses looking for an available facility in the Midwest. Very few outside companies are willing to come to Wichita if it entails waiting a year or more for land to be located, acquired, and developed. The businesses that will lease the buildings will provide new jobs to the City and significant property tax proceeds after the abatement period ends. As is the case with most of the industrial and warehouse buildings in the area, it will not be uncommon for it to remain a viable facility for forty (40) plus years. It should also be notedthat this Project falls in lockstep with publicly stated goals of the City of Wichita and the Greater Wichita Partnership.

There has been a recognized need in the community for the availability of such industrial and distribution warehouse space for some time. The need for this type of facility has been publicly acknowledged by the City. This Project will be a great benefit to the economic development efforts of the City.

6. Breakdown of estimated Project costs:

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Land: $ 625,000.00Site Work: $1,500,000.00Building: $5,475,000.00TOTAL: $7,600,000.00

7. Compliance with City Requirements:

The Applicant and the Project will not have an adverse effect on the ambient air quality of the City or Sedgwick County or the environment in general. The Applicant and Project will comply with all applicable policies and requirements of the City relating to environmental matters. The Applicant and Project will also comply with all policies of the City required in connection with the issuance of the Bonds, including, policies pertaining to equal employment opportunity.

8. Name and address of Bond Counsel:

Name: Gilmore & BellAddress: 100 N. Main, Suite 600Telephone: (316) 267-2091Fax: (316) 262-6523Attention: Joe Norton

9. Name and address of Applicant Counsel:

Hinkle Law Firm LLC1617 North Waterfront Parkway, Suite 400Wichita, KS 67206Telephone: (316) 631-3120Fax: (316) 631-1720Attention: Dale Ward

10. Payment for Services

Webb Industrial, LLC agrees to pay to the City all costs relative to the issuance of the Bonds. In addition we agree to make payments of $2,500 per year to the City commencing one (1) year after delivery of the Bonds.

11. Sale of Bonds

The Bonds will be acquired by the Applicant or placed with a financial institution which has knowledge of Webb Industrial, LLC and its members.

12. Summary

To permit the Applicant to finalize the financing and plans for the Project, it is requested at this time that the City Council authorize the Mayor to execute a Letter of Intent for and on behalf of the City wherein the City declares its intent to issue approximately $7,600,000 of its City of Wichita, Kansas, Taxable Industrial Revenue Bonds, for the purposes described above. As mentioned above the building constituting the Project will be constructed within the next year or two. In order to accommodate the expected construction schedule we are requesting that the Letter of Intent remain in effect until December 31, 2021.

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The Applicant is aware that such a Letter of Intent is only an indication of the City to issue the proposed Bonds to assist in the financing of the Project, and that such Letter of Intent is subject in all respects to the governing body’s final approval of the terms and provisions of the Bond Resolution, Trust Indenture, Lease Agreement, Guaranty Agreement, and other related documents. However, upon issuance of the Letter of Intent, the Applicant is prepared to proceed in reliance thereon.

Should there be any questions or requests for further information in the course of the City’s evaluation of this Application, we will be pleased to promptly respond thereto.

Respectfully submitted,

On behalf of Webb Industrial, LLC

By: ___________________________________________________Steven R. Barrett, Managing Member

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600809.20547\RESOLUTION OF INTENT

Gilmore & Bell, P.C.07/13/2020

RESOLUTION NO. 20-240

A RESOLUTION OF THE GOVERNING BODY OF THE CITY OF WICHITA, KANSAS DETERMINING THE ADVISABILITY OF ISSUING TAXABLE INDUSTRIAL REVENUE BONDS FOR THE PURPOSE OF FINANCING THE ACQUISITION, CONSTRUCTION AND EQUIPPING OF AN INDUSTRIAL WAREHOUSE AND DISTRIBUTION FACILITY TO BE LOCATED IN SAID CITY; AND AUTHORIZING EXECUTION OF RELATED DOCUMENTS.

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 of Kansas (the “State”); and

WHEREAS, the City Council (the “Governing Body”) of the City desires to promote, stimulate and develop the general economic welfare and prosperity of the City, and thereby to further promote, stimulate and develop the general economic welfare and prosperity of the State; and

WHEREAS, pursuant to the provisions of the Kansas Economic Development Revenue Bond Act, as amended and codified in K.S.A. 12-1740 et seq. (the "Act"), the City is authorized to issue revenue bonds for such purposes; and

WHEREAS, the Governing Body determines it to be advisable and in the interest and for the welfare of the City and its inhabitants that revenue bonds of the City be authorized and issued, in one or more series, to provide funds to pay the costs of the acquisition, construction and equipping of an industrial warehouse and distribution facility (the "Project") to be located in the City and to be leased by the City to Webb Industrial, LLC (the "Tenant").

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

Section 1. Public Purpose. The Governing Body hereby finds and determines that the Project will promote, stimulate and develop the general economic welfare and prosperity of the City and thereby further promote, stimulate and develop the general economic welfare and prosperity of the State.

Section 2. Authorization to Acquire Project; Intent to Issue Bonds. The City is hereby authorized to proceed with the acquisition, construction and equipping of the Project and to issue its revenue bonds, in one or more series, in an aggregate principal amount not to exceed $7,600,000 (collectively, the "Bonds") to pay the costs thereof, subject to satisfaction of the conditions of issuance set forth herein.

Section 3. Conditions to Issuance of Bonds. The issuance of the Bonds is subject to: (a) the Tenant’s written acceptance of a Letter of Intent containing the City’s conditions to the issuance of the Bonds in accordance with the City’s Economic Development Incentive Policy (the “Letter of Intent”); (b) the successful negotiation and sale of the Bonds to a purchaser or purchasers to be determined by the Tenant and acceptable to the City (the "Purchaser"), which sale shall be the responsibility of the Tenant and not the City; (c) the receipt of the approving legal opinion of Gilmore & Bell, P.C. ("Bond Counsel") in form acceptable to the City, the Tenant and the Purchaser; (d) the obtaining of all necessary governmental approvals to the

18

600809.20547\RESOLUTION OF INTENT

2

issuance of the Bonds; and (e) the commitment to and payment by the Tenant or Purchaser of all expenses relating to the issuance of the Bonds, including, but not limited to: (i) expenses of the City and the City Attorney; (ii) any underwriting or placement fees and expenses; (iii) all legal fees and expenses of Bond Counsel; and (iv) all recording and filing fees, including fees of the Kansas Board of Tax Appeals.

Section 4. Property Tax Exemption. The Governing Body hereby determines that pursuant to the provisions of K.S.A. 79-201a the Project, to the extent purchased or constructed with the proceeds of the Bonds, should be eligible for an exemption from payment of ad valorem property taxes for a period up to ten calendar years commencing with the year following the year in which the Bonds are issued, provided proper application is made therefor; provided no exemption may be granted from the ad valorem property tax levied: (a) by a school district pursuant to the provisions of K.S.A. 72-53,113, and amendments thereto; (b) for the uses restricted pursuant to the provisions of K.S.A. 79-201a, Second and Twenty-Fourth; and (c) for real estate on which the Project is located. The Governing Body hereby conditionally approves a 95% ad valorem property tax exemption on the Bond-financed property, for a five-year term, with a 50% ad valorem propertytax exemption for an additional five-year term to be considered thereafter, at the discretion of the Governing Body, all subject to the Tenant’s ongoing compliance with the City’s Economic Development Incentive Policyand the policy relating to Speculative Industrial/Flex Buildings. Prior to making such determination the Governing Body has conducted the public hearing and reviewed the analysis of costs and benefits of such exemption required by the Act.

Section 5. Sales Tax Exemption. The Governing Body hereby determines that pursuant to the provisions of K.S.A. 79-3601 et seq. (the “Sales Tax Act”), particularly 79-3606(b) and (d) and other applicable laws, sales of tangible personal property or services purchased in connection with construction of the Project and financed with proceeds of the Bonds are entitled to exemption from the tax imposed by the Sales Tax Act; provided proper application is made therefore. In the event that the Bonds are not issued for any reason, the Tenant will not be entitled to a sales tax exemption under the terms of the Sales Tax Act and will remit to the State Department of Revenue all sales taxes that were not paid due to reliance on the sales tax exemption certificate granted hereunder.

Section 6. Reliance by Tenant; Limited Liability of City. It is contemplated that in order to expedite acquisition of the Project and realization of the benefits to be derived thereby, the Tenant may incur temporary indebtedness or expend its own funds to pay costs of the Project prior to the issuance of the Bonds; provided that such expenditures incurred prior to the issuance of the Bonds are at the risk of the Tenant that the Bonds will actually be issued. Proceeds of Bonds may be used to reimburse the Tenant for such expenditures made not more than 60 days prior to the date this Resolution is adopted. The Bonds herein authorized and all interest thereon shall be paid solely from the revenues to be received by the City from the Project and not from any other fund or source. The City shall not be obligated on such Bonds in any way, except as herein set out. In the event that the Bonds are not issued, the City shall have no liability to the Tenant.

Section 7. Execution and Delivery of Documents. The Mayor is hereby authorized to execute the Letter of Intent, and the City Clerk is authorized to deliver executed copies of this Resolution and the Letter of Intent to the Tenant.

Section 8. Further Action. The Mayor, City Clerk and other officials, employees and agents of the City, including the City Attorney and Bond Counsel, are hereby further authorized and directed to take such other actions as may be appropriate or desirable to accomplish the purposes of this Resolution, including, but not limited to: (a) cooperate with the Tenant in filing an application for a sales tax exemption certificate with the Kansas Department of Revenue with respect to Bond-financed property; and (b) execution on behalf of the City of the information statement regarding the proposed issuance of the Bonds to be filed with the State Board of Tax Appeals pursuant to the Act.

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Section 9. Effective Date. This resolution shall become effective upon adoption by the Governing Body and shall remain in effect until December 31, 2021, unless extended by affirmative vote of a majority of the Governing Body.

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600809.20547\RESOLUTION OF INTENT

(Signature Page to Resolution of Intent)

ADOPTED by the City Council of the City of Wichita, Kansas, on August 11, 2020.

(SEAL)Brandon J. Whipple, Mayor

ATTEST:

Karen Sublett, City Clerk

APPROVED AS TO FORM:

Jennifer Magaña, Director of Law and City Attorney

CERTIFICATE

I hereby certify that the above and foregoing is a true and correct copy of the Resolution adopted by the City Council of the City of Wichita, Kansas on August 11, 2020, as the same appears of record in my office.

DATED: August 11, 2020.

Karen Sublett, City Clerk

[BALANCE OF THIS PAGE INTENTIONALLY LEFT BLANK]

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600809.20547\RESOLUTION OF INTENT

EXCERPT OF MINUTES OF A MEETINGOF THE GOVERNING BODY OF

THE CITY OF WICHITA, KANSASHELD ON AUGUST 11, 2020

The City Council (the “Governing Body”) of the City of Wichita, Kansas (the “City”) 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 July 31, 2020, in the Wichita Eagle, a public hearing was held by the Governing Body relating to the proposed issuance of not to exceed $7,600,000 principal amount of Taxable Industrial Revenue Bonds (Webb Industrial, LLC) (the “Bonds”). 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 a Resolution entitled:

A RESOLUTION OF THE GOVERNING BODY OF THE CITY OF WICHITA, KANSAS DETERMINING THE ADVISABILITY OF ISSUING TAXABLE INDUSTRIAL REVENUE BONDS FOR THE PURPOSE OF FINANCING THE ACQUISITION, CONSTRUCTION AND EQUIPPING OF AN INDUSTRIAL WAREHOUSE AND DISTRIBUTION FACILITY TO BE LOCATED IN SAID CITY; AND AUTHORIZING EXECUTION OF RELATED DOCUMENTS.

Thereupon, [_______________] moved that said Resolution be adopted. The motion was seconded by [_______________]. Said Resolution was duly read and considered, and upon being put, the motion for the adoption of said Resolution was carried by the vote of the Governing Body, the vote being as follows:

Aye:

Nay:

Thereupon, the Resolution was then duly numbered Resolution No. 20-240, and was signed by the Mayor and attested by the Clerk.

(Other Proceedings)

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

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600809.20547\RESOLUTION OF INTENT

(Signature Page to Excerpt of Minutes)

CERTIFICATE

I certify that the foregoing Excerpt of Minutes is a true and correct excerpt of the proceedings of the City Council 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]__________________________________________

Karen Sublett, City Clerk

23

Agenda Item No. V-3

City of WichitaCity Council Meeting

August 11, 2020

TO: Mayor and City Council

SUBJECT: Public Hearing on the Establishment of the Riverside Housing RedevelopmentDistrict (Tax Increment Financing) (District VI)

INITIATED BY: Office of Economic Development

AGENDA: New Business

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

Background: On July 7, 2020, the City Council adopted a resolution stating its intent to consider the establishment of a redevelopment district in order to use tax increment financing (“TIF”) to pay for certain costs related to improvements to development of an infill housing development and improvements along the Arkansas River. The proposed redevelopment district, to be known as the Riverside Housing Redevelopment District, is generally located in an area north of Arthur B. Sim Park, bounded by Amidon Avenue on the east and McLean Boulevard on the west. It extends along the river and path from West Central to 13th Street North on the north. Copies of the resolution were mailed, by certified mail, to all owners and occupants of property in the proposed district, and to the Board of Sedgwick County Commissioners and the U.S.D. 259 Board of Education, in accordance with state law.

Analysis: Riverside 11, LLC (Developer) acquired the property in 2019 with the intent to provide infill development in the Riverside area. The Developer also acquired adjacent land with the City, acquiring land along the west side in exchange for a triangular piece of land on the north of their parcel and a payment of $15,000. During the plan design phase, it was determined that the project would need additional infrastructure improvements in order to support a new development.

The proposal includes construction of public infrastructure improvements for the development. The project also includes an opportunity for the City to fund a rest area/pocket park within the district as well as improvements to the Arkansas River path from the pedestrian bridge at Central to 13th Street.

The area proposed for redevelopment is shown on Exhibit ‘A’ to the attached resolution. The area is north of Arthur B. Sim Park, bounded by Amidon Avenue on the east and McLean Boulevard on the west. It extends along the river and path from West Central to 13th Street North on the north. The Developer has provided a third party analysis making findings that this is an eligible area, based on a determination it qualifies as a blighted area.

The Developer has already demolished the main buildings due to their unsafe condition and plans to construct 40 homes with a design consistent with the Riverside area. The TIF district would allow the Developer to feasibly construct the project, as well as for the City to continue improvements along the river.

Tax increment financing allows the increased tax revenue that results from the redevelopment of property to be used to pay for eligible costs in the redevelopment project. Once a TIF district is established and a redevelopment project plan is adopted by the City Council, the increment of increased tax revenue is set aside by the County Treasurer to be used by the City to reimburse the developer for certain improvements

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Riverside Housing TIF HearingAugust 11, 2020Page 2

that are specified in the redevelopment project plan. After all the eligible costs have been paid, or the 20-year term of the redevelopment project plan has expired, the segregation of the tax increment will cease and all property tax revenue will be distributed to the City, County, School District and other applicable taxing jurisdictions.

The process for authorizing the use of TIF involves two major steps: The first step is the establishment of the tax increment district by ordinance adopted by a majority vote of the City Council, following a public hearing. The ordinance must include a district plan, which provides a general description of the overall plan for redevelopment of the district. The creation of the district sets the boundaries within which TIF can be used and establishes the base year for measuring incremental growth in district property tax revenue.

The final step in the approval process involves the adoption of a detailed project plan, by a two-thirds majority vote of the City Council.

Financial Considerations: The establishment of the proposed redevelopment district at this time will set the 2020 assessed valuation of property within the district as the base-year valuation for the purpose of calculating the incremental increase in tax revenue available for tax increment financing. The cost of mailings and publications will be charged to the Economic Development Fund and reimbursed with TIF revenues as they become available.

Legal Considerations: State law allows cities to establish redevelopment districts by making a finding of blight following a determination that the area has a majority of the factors of blight per K.S.A. 12-1770a(c). Such findings are set forth in the attached ordinance, which has been approved as to form by the Law Department. Following the public hearing, the Sedgwick County Board of County Commissioners and the USD 259 Board of Education will have a 30-day period during which either board may veto the establishment of the redevelopment district.

Recommendations/Actions: It is recommended that the City Council close the public hearing, place the ordinance on first reading, and authorize the necessary signatures.

Attachments: Ordinance establishing the redevelopment district

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600809.20011\ORDINANCE - RIVERSIDE HOUSING TIF DISTRICT CREATION v.6

Gilmore & Bell, P.C.07/13/2020

EXCERPT OF MINUTES OF A MEETINGOF THE GOVERNING BODY OF

THE CITY OF WICHITA, KANSASHELD ON AUGUST 11, 2020

The City Council (the “Governing Body”) of the City of Wichita, Kansas (the “City”) 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, a City Representative outlined certain information regarding the creation of a redevelopment district in the City in accordance with K.S.A. 12-1770 et seq., as amended (the "Act"). Thereafter, pursuant to Resolution No. 20-179 of the City, which contains a notice of public hearing, duly published in The Wichita Eagle on July 31, 2020 and mailed certified mail, return receipt requested, to each owner and occupant of land within the proposed redevelopment district, to the Board of County Commissioners of Sedgwick County, Kansas and the Board of Education of Unified School District No. 259as required by the Act, the Mayor opened the public hearing regarding the proposed redevelopment district.

Thereupon, after hearing the comments of persons desiring to speak with respect to the above matters, the Mayor closed the public hearing.

Thereupon, there was presented to the governing body an Ordinance entitled:

AN ORDINANCE OF THE GOVERNING BODY OF THE CITY OF WICHITA, KANSAS ESTABLISHING A REDEVELOPMENT DISTRICT WITHIN THE CITY AND MAKING CERTAIN FINDINGS IN CONJUNCTION THEREWITH (RIVERSIDE HOUSING REDEVELOPMENT DISTRICT).

Thereupon, [_______________] moved that said Ordinance be approved for first reading. The motion was seconded by [_______________]. 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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600809.20011\ORDINANCE - RIVERSIDE HOUSING TIF DISTRICT CREATION

(Clerk’s Certification of Minutes)

CERTIFICATE

I hereby certify that the foregoing Excerpt of Minutes is a true and correct excerpt of the proceedings of the City Council 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)Karen Sublett, City Clerk

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600809.20011\ORDINANCE - RIVERSIDE HOUSING TIF DISTRICT CREATION v.6

EXCERPT OF MINUTES OF A MEETINGOF THE GOVERNING BODY OF

THE CITY OF WICHITA, KANSASHELD ON AUGUST 18, 2020

The City Council (the “Governing Body”) of the City of Wichita, Kansas (the “City”) 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 OF THE GOVERNING BODY OF THE CITY OF WICHITA, KANSAS ESTABLISHING A REDEVELOPMENT DISTRICT WITHIN THE CITY AND MAKING CERTAIN FINDINGS IN CONJUNCTION THEREWITH (RIVERSIDE HOUSING REDEVELOPMENT DISTRICT).

Thereupon, [_______________] moved that the consent agenda be passed. The motion was seconded by [_______________]. 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. 51-333, was signed by the Mayor and attested by the Clerk, and the Ordinance or a summary thereof was directed to be published one time in the official newspaper of the City.

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

(Other Proceedings)

[BALANCE OF THIS PAGE INTENTIONALLY LEFT BLANK]

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600809.20011\ORDINANCE - RIVERSIDE HOUSING TIF DISTRICT CREATION

(Clerk’s Certification of Minutes)

CERTIFICATE

I hereby certify that the foregoing Excerpt of Minutes is a true and correct excerpt of the proceedings of the City Council 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)Karen Sublett, City Clerk

29

600809.20011\ORDINANCE - RIVERSIDE HOUSING TIF DISTRICT CREATION v.6

1

Gilmore & Bell, P.C.07/13/2020

(Published in The Wichita Eagle on August 21, 2020)

ORDINANCE NO. 51-333

AN ORDINANCE OF THE GOVERNING BODY OF THE CITY OF WICHITA, KANSAS ESTABLISHING A REDEVELOPMENT DISTRICT WITHIN THE CITY AND MAKING CERTAIN FINDINGS IN CONJUNCTION THEREWITH (RIVERSIDE HOUSING REDEVELOPMENT DISTRICT).

WHEREAS, the City Council (the “Governing Body”) of the City of Wichita, Kansas (the “City”)desires to promote, stimulate and develop the general and economic welfare of the City and the state of Kansas (the "State") and to assist in the development and redevelopment of eligible areas within the City, thereby promoting the general welfare of the citizens of the State and the City, by acquiring property and providing for the development and redevelopment thereof and the financing relating thereto; and

WHEREAS, pursuant to the provisions of K.S.A. 12-1770, et seq., as amended (the "Act"), the City is authorized to establish redevelopment districts within eligible areas of the City, as said terms are defined in the Act, to approve redevelopment district plans for the completion of redevelopment projects within such redevelopment project areas, and to finance all or a portion of redevelopment project costs from tax increment revenues and various fees collected within such redevelopment district, revenues derived from redevelopment projects, revenues derived from local sales taxes, other revenues described in the Act, or a combination thereof or from the proceeds of full faith and credit tax increment bonds of the City or special obligation tax increment bonds of the City payable from such described revenues; and

WHEREAS, an "eligible area," as defined in the Act, includes a “blighted area,” as defined in the Act; and

WHEREAS, prior to the creation of any redevelopment district, the Governing Body must adopt a resolution stating that the City is considering the establishing of a redevelopment district, which resolution shall: (1) Give notice that a public hearing will be held to consider the establishment of a redevelopment district and fix the date, hour and place of such public hearing, which public hearing shall be held not less than 30 nor more than 70 days following adoption of such resolution, (2) describe the proposed boundaries of the redevelopment district, (3) describe a proposed redevelopment district plan, (4) state that a description and map of the proposed redevelopment district are available for inspection at a time and place designated, and (5) state that the Governing Body will consider findings necessary for the establishment of a redevelopment district; and

WHEREAS, notice of such public hearing shall be given by mailing a copy of the resolution calling the public hearing via certified mail, return receipt requested, to the board of county commissioners of the county, the board of education of any school district levying taxes on property within the proposed redevelopment project area, and to each owner and occupant of land within the proposed redevelopment district not more than 10 days following the date of the adoption of such resolution and by publishing a copy of such resolution once in the official City newspaper not less than one week or more than two weeks preceding the date fixed for the public hearing, which publication shall include a sketch clearly delineating the area in sufficient detail to advise the reader of the particular land proposed to be included within the redevelopment district; and

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2

WHEREAS, upon the conclusion of such public hearing, the Governing Body may pass an ordinance which shall: (1) make findings that the property within the proposed redevelopment district is an “eligible area” as defined in the Act, (2) contain the redevelopment district plan as approved, (3) contain the legal description of the redevelopment district, and (4) may establish the redevelopment district, provided that the boundaries of the redevelopment district shall not include any area not designated in the notice of public hearing on the creation of the redevelopment district; and

WHEREAS, no privately owned property subject to ad valorem taxes shall be acquired and redeveloped under the provisions of the Act if the board of county commissioners or the board of education levying taxes on such property determines by resolution adopted within 30 days following the conclusion of the hearing for the establishment of the redevelopment district that the proposed redevelopment district will have an adverse effect on such county or school district; and

WHEREAS, upon the creation of a redevelopment district pursuant to the Act, the City may propose to undertake one or more redevelopment projects and shall prepare a redevelopment project plan, which may be implemented in separate development stages, in consultation with the City's planning commission; and

WHEREAS, the Governing Body has heretofore adopted Resolution No. 20-179, which made a finding that the City is considering the establishment of a redevelopment district pursuant to the Act, set forth the boundaries of the proposed redevelopment district, provided a summary of the proposed redevelopment district plan, called a public hearing concerning the establishment of a redevelopment district for August 11, 2020, and provided for notice of such public hearing as provided in the Act; and

WHEREAS, a public hearing was held on August 11, 2020, after duly published, delivered and mailed notice in accordance with the provisions of the Act; and

WHEREAS, at the public hearing the Governing Body reviewed a blight analysis report prepared by Polsinelli PC, Kansas City, Missouri (the “Report”) delineating certain factors set forth in the Act to be considered by the Governing Body in order to determine whether the area in the proposed redevelopment district would constitute a “blighted area,” as defined in the Act; and

WHEREAS, upon and considering the Report and other information and public comments received at the public hearing conducted this date, the Governing Body hereby deems it advisable to make certain findings and to create the redevelopment district.

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

Section 1. Findings. The Governing Body hereby finds that notice of the public hearing conducted August 11, 2020 was made in accordance with the provisions of the Act. The Report concludes that the proposed redevelopment district constitutes a blighted area as defined in the Act based on the presence of the following factors set forth in K.S.A. 12-1770a(c): (i) a substantial number of deteriorated or deteriorating structures; (ii) predominance of defective or inadequate street layout; (iii) unsanitary or unsafe conditions; (iv) deterioration of site improvements; (v) improper subdivision or obsolete platting or land uses; (vi) the existence of conditions which endanger life or property by fire or other causes; and (vii) conditions which create economic obsolescence. Based on the information contained in the Report and additional testimony received at the public hearing, the Governing Body hereby further finds and determines that the proposed redevelopment district described in Resolution No. 20-179 constitutes a “blighted area” and is therefore an "eligible area" (as said terms are defined in the

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3

Act), and the conservation, development or redevelopment of such area is necessary to promote the general and economic welfare of the City.

Section 2. Creation of Redevelopment District. A redevelopment district is hereby created within the City in accordance with the provisions of the Act, which shall consist of the real estate legally described on Exhibit A attached hereto, which is incorporated herein by reference, to be designated as the "Riverside Housing Redevelopment District" (the “District”). A map depicting the boundaries of the Districtis attached hereto as Exhibit B, which is incorporated herein by reference. The boundaries of the District do not contain any property not referenced in Resolution No. 20-179, which provided notice of the public hearing on the creation of the District.

Section 3. Redevelopment District Plan. The preliminary plan for the District (the "District Plan"), as presented to the Governing Body this date and attached hereto as Exhibit C, is hereby approved.

Section 4. Approval of Other Governmental Units. No privately owned property subject to ad valorem taxation within the District shall be acquired and redeveloped pursuant to the Act, if the Board of County Commissioners of Sedgwick County or the Board of Education of Unified School District No. 259determines by resolution adopted within thirty days following the public hearing held by the City on August 11, 2020, that the District will have an adverse effect on Sedgwick County or Unified School District No. 259, respectively. If such a resolution is delivered to the City, the Governing Body shall, within 30 days of the receipt of such a resolution, pass an ordinance dissolving the District hereby created.

Section 5. Reimbursement. The Act authorizes the issuance by the City to issue bonds (the “Bonds”) to finance all or a portion of the costs of implementing the District Plan. The Bonds may be issued to reimburse expenditures made on or after the date which is 60 days before the date of passage of this Ordinance, pursuant to Treasury Regulation §1.150-2.

Section 6. Further Action. The Mayor, City Manager, Director of Finance, City Clerk, City Attorney and other officials, employees and agents of the City, including Gilmore & Bell, P.C., Bond Counsel,are hereby further authorized and directed to take such other actions as may be appropriate or desirable to accomplish the purposes of this Ordinance.

Section 7. Effective Date. This Ordinance shall be effective upon its passage by the Governing Body of the City and publication one time in the official City newspaper.

[BALANCE OF THIS PAGE INTENTIONALLY LEFT BLANK]

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600809.20011\RESOLUTION - HEARING RE TIF DISTRICT CREATION

(Signature Page to Resolution)

PASSED by the City Council of the City on August 18, 2019 and SIGNED by the Mayor.

(SEAL)Brandon J. Whipple, Mayor

ATTEST:

Karen Sublett, City Clerk

APPROVED AS TO FORM:

Jennifer Magaña, Director of Law and City Attorney

33

600809.20011\ORDINANCE - RIVERSIDE HOUSING TIF DISTRICT CREATION v.6

A-1

EXHIBIT A

LEGAL DESCRIPTION OF THE RIVERSIDE HOUSING REDEVELOPMENT DISTRICT

An area including the following additions, lots and parcels all located in Wichita, Sedgwick County, Kansas:

An area including the following additions, lots and parcels all located in an area generally bounded by McLean Boulevard on the West, 13th Street on the North, Amidon Avenue on the East from 13th Street to 11th Street, Central Avenue on the South and including the Big Arkansas River from Central Avenue to 13th Street North, in Wichita, Sedgwick County, Kansas more particularly described as follows:

That portion of Lots 254, 256, 258, 260, 262, 264, 266, 268, 270, 272 and 274 on Amidon Avenue, in Riverside Addition to Wichita, Kansas, lying west of the centerline of the Abandoned Arkansas Valley Interurban Railway.

And that portion of Amidon Avenue lying west of and adjacent to Lots 242, 244, 246, 248, 250, 252, 254, 256, 258, 260, 262, 264, 266, 268, 270, 272 and 274 on Amidon Avenue, in said Riverside Addition, said line also lying north of Woodman Avenue, now 12th Street as platted in said Riverside Addition.

And unplatted land, lying East of the Big Arkansas River in the Northwest Quarter of Section 18, Township 27 South, Range 1 East of the 6th P.M., Sedgwick County, Kansas, said south line described as lying North of the North line of Beal Avenue, now 11th Street extended west as platted in said Riverside Addition.

And a portion of the unplatted land, lying East of the Big Arkansas River in Northwest Quarter and the Southwest Quarter of Section 18, Township 27 South, Range 1 East of the 6th P.M., Sedgwick County, Kansas, the north line described as lying South of the North line of Beal Avenue, now 11th Street extended west as platted in said Riverside Addition and the south line described as North of the North line of Central Avenue extended East as platted in Osteopathic Addition to Wichita, Kansas and lying within 50 feet east of the established bank line of the Big Arkansas River and including any improvements lying largely within said tract but extending beyond the eastern boundary as described, including but not limited to all of the pedestrian path.

And Lot 1, Indian Hills Addition, Sedgwick County, Kansas.

And that land located west of the established bank line of the Big Arkansas River and East of the East line of McLean Boulevard, South of Lot 1, Indian Hills Addition and North of the North line of Central Avenue extended East as platted in Osteopathic Addition.

And all that part of the Big Arkansas River contiguous to the above described tracts.

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600809.20011\ORDINANCE - RIVERSIDE HOUSING TIF DISTRICT CREATION v.6

B-1

EXHIBIT BMAP OF RIVERSIDE HOUSING REDEVELOPMENT DISTRICT

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600809.20011\ORDINANCE - RIVERSIDE HOUSING TIF DISTRICT CREATION v.6

C-1

EXHIBIT C

REDEVELOPMENT DISTRICT PLAN FOR THE REDEVELOPMENTOF THE RIVERSIDE HOUSING REDEVELOPMENT DISTRICT

THROUGH TAX INCREMENT FINANCING

August 11, 2020

SECTION 1: PURPOSE

A district plan is required for inclusion in the establishment of a redevelopment district under K.S.A. 12-1770 et seq. (the “Act”). The district plan is a preliminary plan that identifies proposed redevelopment project areas within the district, and describes in a general manner the buildings, facilities and improvements to be constructed or improved.

SECTION 2: DESCRIPTION OF TAX INCREMENT INCOME

Projects financed through tax increment financing typically involve the creation of an “increment” in real estate property tax income. The increment is generated by segregating the assessed values of real property located within a defined geographic area such that a portion of the resulting property taxes flow to the City to fund projects in the redevelopment district, and the remaining portion flows to all remaining taxing jurisdictions. The portion of property taxes flowing to the City is determined by the increase in the assessed value of the properties within the redevelopment district as a result of the new development occurring within the same area. When the current aggregate property tax rates of all taxing jurisdictions are applied to this increase in assessed property value from new development, increment income is generated. Public improvements within the district and other qualified expenditures are funded by the City and repaid over a specified period of time with this increment income. The property taxes attributable to the assessed value existing prior to redevelopment, the “original valuation,” continue to flow to all taxing jurisdictions just as they did prior to redevelopment. This condition continues for the duration of the established district, as defined by statute, or until all eligible project costs are funded, whichever is of shorter duration.

SECTION 3: DESCRIPTION OF THE DISTRICT BOUNDARIES

The property within the proposed district includes all property generally bounded by McLean Boulevard on the West, 13th Street on the North, Amidon Street on the East to 11th Street and thereafter the Big Arkansas River and Central Avenue on the South, in Wichita, Sedgwick County, Kansas; and including all street rights of way within such described areas. The legal description of the proposed district is attached hereto and incorporated herein as Attachment 1.

SECTION 4: BUILDINGS AND FACILITIES

The district is located north of the Sim Park Golf Course and adjacent to the Big Arkansas River. The proposed district contains approximately 90 acres. A blight analysis report prepared by Polsinelli PC, Kansas City, Missouri (the “Report”) delineating certain factors set forth in the Act to be considered by the Governing Body in order to determine whether the area in the proposed redevelopment district would constitute a “blighted area,” as defined in the Act. The Report concludes that the proposed redevelopment district constitutes a blighted area as defined in the Act based on the presence of the following factors set forth in K.S.A. 12-1770a(c): (i) a substantial number of deteriorated or deteriorating structures; (ii) predominance of defective or inadequate street layout; (iii) unsanitary or unsafe conditions; (iv) deterioration of site improvements; (v) improper subdivision or obsolete platting or land uses; (vi) the existence of conditions which endanger life or property by fire or other causes; and (vii) conditions which create economic

36

600809.20011\ORDINANCE - RIVERSIDE HOUSING TIF DISTRICT CREATION v.6

C-2

obsolescence. Accordingly, such property constitutes a “blighted area” and is therefore an "eligible area" (as said terms are defined in the Act), and is legally eligible for establishment of a redevelopment district.

SECTION 5: REDEVELOPMENT AND PROJECT AREAS

It is anticipated that all property within the proposed district will be designated as the “project area” under the redevelopment project plan, which must be adopted by the City Council by a 2/3 majority vote before the expenditure of any tax increment financing funds. The plans for redevelopment of the project area will include private development of single family housing, parking, and recreational improvements, together with public infrastructure improvements to be financed by tax increment revenues. The public improvements will be in two phases. The initial phase will generally call for substantial improvements to pedestrian and bike paths, enhanced path and security lighting, landscaping and other amenities located along the east bank of the Big Arkansas River both within and contiguous to the proposed district to enhance implementation of the redevelopment plan. The second phase will include improvements to the trailhead of the pedestrian and bike path.

Tax increment financing may be used to pay for eligible costs, including site preparation, demolition, public infrastructure improvements, such as streetscape, public parking, utility extensions, landscaping, pedestrian and bike paths and public plazas. Except as specifically provided by the Act, tax increment financing may not be used for construction of any buildings owned or leased to a private, nongovernmental entity.

SECTION 6: CONCLUSION

After the establishment of the redevelopment district, any redevelopment projects to be funded with tax increment financing will be presented to the Governing Body for approval through the adoption of aRedevelopment Project Plan. The Project Plan will identify the specific project area located within theestablished tax increment financing district and will include detailed descriptions of the projects as well as a financial feasibility study showing that the economic benefits out-weigh the costs. The Project Plan must be reviewed by the Metropolitan Planning Commission to determine if the Project Plan is consistent with the intent of the comprehensive plan for development of the City. Thereafter, the Governing Body shall adopt a resolution calling a public hearing to consider the Project Plan notice of such hearing to be provided by mail and publication in accordance with the. After conclusion of the public hearing, the Project Plan may be approved by ordinance passed by not less than a two-thirds majority vote of the Governing Body.

Tax increment financing does not impose any additional taxes on property located within the redevelopment district. All property within the district is appraised and taxed the same as any otherproperty. However, if property within the district increases in value as a result of redevelopment, theresulting increment of additional tax revenue is diverted to pay for a portion of the redevelopment costs.

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Agenda Item No. V-4

City of WichitaCity Council Meeting

August 11, 2020

TO: Mayor and City Council

SUBJECT: Funding for Improvements to Sycamore Street, Douglas Street to McLeanBoulevard (District VI)

INITIATED BY: Department of Public Works & Utilities

AGENDA: New Business

Recommendation: Approve the revised budget and adopt the amending resolution.

Background: On August 14, 2018, the City Council approved a design concept contract with TranSystems Corporation to design improvements to Sycamore Street from Douglas Street to McLeanBoulevard. On March 17, 2020, the City Council approved Supplemental Agreement No. 1 with TranSystems to complete design.

Analysis: Sycamore Street between Douglas Street and McLean Boulevard is currently a two lane asphalt street without sidewalk and provides access to the Advanced Learning Library, EPC Real Estate, TGC Group, and Hutton development sites. The project includes complete reconstruction of SycamoreStreet, street amenities, sidewalk, transit stops, and angled parking on each side of the roadway. The final design estimate received from TranSystems exceeds the current budget. Additional streetscape work in front of the Advanced Learning Center was determined to be needed to make the transition seamless. Drainage improvements, and further investigation of sanitary sewer manholes have determined they need substantial rehabilitation. Re-striping of McLean Boulevard from Douglas Street to Second Street to provide on-street parking is also included. The project is within the West Bank Tax Increment Financing (TIF) district and a portion of the improvements will be funded from TIF. The estimated cost of the street crossing and associated streetscaping elements estimated to be $255,000.

Financial Considerations: The design fee to date is $290,439. The existing budget is $645,000. The Proposed 2021-2030 Capital Improvement Program includes $1,600,000 of General Obligation bond funding and $255,000 of TIF. Staff recommends initiating the additional $1,855,000 to complete construction and oversight of the project for a total revised budget of $2,500,000.

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

Recommendations/Actions: It is recommended that the City Council approve the revised budget, adoptthe amending resolution, and authorize the necessary signatures.

Attachment: Amending resolution.

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RESOLUTION NO. 20-241

A RESOLUTION AMENDING AND SUPPLEMENTING RESOLUTION NO. 20-074 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. 20-074 of the City (the “Prior Resolution”), authorized the following described public improvements:

Design, right-of-way acquisition, oversight, and construction improvements for Sycamore Street, from Douglas to McLean Boulevard and McLean Boulevard from Douglas to Second Street.

(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. The prior versions of Sections 1 and 2 of the Prior Resolution are 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 $2,500,000 in accordance with specifications prepared or approved by 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 March 17, 2020,to the extent of Bonds authorized under the original version of Resolution No. 20-074,and 60 days before the date of adoption of this Resolution, to the extent of the increased authorization contained herein, all pursuant to Treasury Regulation §1.150-2.

Section 2. Repealer; Ratification. Sections 1 and 2 of the Prior Resolution are hereby repealed; and the rest and remainder thereof is hereby ratified and confirmed.

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

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ADOPTED by the City Council of the City of Wichita, Kansas, on August 11, 2020.

(SEAL)Brandon J. Whipple, Mayor

ATTEST:

Karen Sublett, City Clerk

APPROVED AS TO FORM:

Jennifer Magaña, City Attorney and Director of Law

40

Agenda Item No. V-5

City of WichitaCity Council Meeting

August 11, 2020

TO: Mayor and City Council

SUBJECT: Ordinances Establishing Open Air ICT Temporary Use Permits

INITIATED BY: Department of Public Works & Utilities

AGENDA: New Business

Recommendation: Approve the proposed ordinance, declare an emergency and adopt the ordinance on first reading.

Background: Due to required social distancing and mandates closing certain business establishments at earlier hours, staff has been requested to look at ways to assist business owners to utilize the outdoor exterior of properties, as well as city right of ways, public street parking and off-street parking lots to provide additional outdoor space for patrons and merchandise sales.

Analysis: The ordinance establishes an Open Air ICT Temporary Use Permit, which will allow businesses to apply for a permit, at no cost, to utilize the public right of way, as well as on and off-street parking adjacent to the business. Businesses must comply with all other required local and state licenses regarding premises extensions. Additionally, the ordinance allows existing sidewalk café permit holders to request a premises extension without additional fees being assessed. Sidewalk permit licensing fees are waived until August 1, 2021. Lastly, the ordinances allow the Zoning Administrator to waive, up to a 50% reduction, the number of parking spaces required by the Wichita-Sedgwick County Zoning Code. This will allow businesses greater opportunities to utilize these outdoor areas.

Financial Considerations: There will be a slight loss of revenue for license fees for Sidewalk Café permits, which will not be collected during the one-year fee waiver.

Legal Considerations: The Ordinances have been drafted by the Law Department and are approved as to form.

Recommendations/Actions: It is recommended that the City Council, declare an Emergency and approve the ordinance on first reading.

Attachment: Declaration of Emergency, Proposed Ordinance and draft applications.

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Website: www.wichita.gov/openairICTEmail: openairpermits@wichita.gov

OPEN AIR ICTTEMPORARY USE PERMIT

For Business Use of Off-Street Private Parking and Public Right-of-Way

The purpose of the Open Air ICT Temporary Use Permit is to allow businesses (i.e. restaurants, bars, retail shops, etc.) to temporarily use off-street private parking (e.g. parking lots) and public right-of-way in front of their business (e.g. sidewalk, grass and on-street parking) for additional space to accommodate COVID-19 social distancing requirements.

All fees are waived for this permit. The permit will be in place until August 1, 2021.

PERMIT APPLICANT (Lessee or Owner/Authorized Agent for the Property)

First: ______________________________________ Last: ________________________________________

Business Name: _____________________________________________________________

Address for Requested Permit: ____________________________________________________ Suite: ______

City: ____________________________ Zip Code: ____________

Phone: ___________________________ Email: _____________________________________________

REQUESTED USE (select all that apply)□ Sale and/or display of merchandise□ Sale of food/beverages

- Alcohol will/will not (circle one) be served. □ Other (describe): _________________________________________

Briefly describe the intended use and typical items proposed within the permitted area:

________________________________________________________________________________________________________

________________________________________________________________________________________________________

AREA REQUESTED FOR USE (select all that apply)

□ Off-Street Private Parking (e.g. parking lot)

Public Right-of-Way□ Area between street and property (e.g. sidewalk, grass, etc.)

The following options are not available on streets with speed limits of 35 mph or greater, and will have special requirements and will only be approved under special circumstances (see Exhibit A – Special Requirements, Use of Street)□ On-street parking□ Part of the traveled street□ All of the street (requires full closure of the street)

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Website: www.wichita.gov/openairICTEmail: openairpermits@wichita.gov

For use of Off-Street Private Parking:

Submittal Checklist:□ Site Plan□ Signed Exhibit A

For use of Public Right-of-Way:

Submittal Checklist:□ Site Plan□ Copy of Liability Insurance in the amount of $500,000 with the City of Wichita listed as

the certificate holder (only required for use of right-of-way)□ Signed Exhibit A

I agree to maintain liability insurance with the City of Wichita in the amount of $500,000 to hold the City harmless from any liability for personal injury or property damage, either public or private, that may occur due to the installation and maintenance of the encroachment, and to abide by all other conditions imposed with this requested permit.

I understand that, should it become necessary for the City of Wichita or any utility operating under a City franchise to work in the right-of-way, it shall be my responsibility to remove any or all of the encroachment if necessary, and to replace the same, if approved. Should damageoccur to the encroachment during this excavation, the City of Wichita or utility operating under a City franchise will not be responsible for the repair or replacement thereof.

I agree to meet all the attached conditions for the Open Air ICT, Temporary Use Permit as described in Exhibit A. Failure to comply with all of the conditions of the permit and applicable Exhibit(s) may result in the revocation of the permit.

Upon submittal of the application, City of Wichita staff will contact you to schedule an onsite meeting(an onsite meeting may not be required if the permit is only for use of off-street private parking). If you are not contacted within two (2) business days, or if you have any questions please contact us by email at openairpermits@wichita.gov or at the appropriate number below.

□ For use of off-street private parking: MAPD at (316) 268-4421□ For use of public right-of-way: City Engineer’s Office at (316) 268-4501

If the property is leased, the lessee must also sign this permit and Exhibit A.

Owner/Authorized Agent: Lessee:

Signature _________________________ Date ________ Signature _________________________ Date ________

Printed Name ____________________________ Printed Name ____________________________

APPROVED:

________________________________ ________________________________Gary Janzen, P.E., City Engineer John R. Cox, Jr., Zoning Administrator

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Exhibit A

Instructions and Requirements for Open Air ICT, Temporary Use Permit

APPLICATION INSTRUCTIONS

1. Complete and sign the Open Air ICT Temporary Use Permit2. Attach a general site plan, sized 8.5”x11” or 11”x17”, showing the following:

a. Buildings, property lines, and any business entrances, parking, driveways, sidewalk and surface obstructions within 15 ft. of occupied area (e.g. fire hydrants, streetlights, signs, power poles, parking meters, water meters, manholes/cleanouts, street tree wells, etc.)

b. Dimensions of proposed occupied areac. Open pedestrian walkway (width of 6’ preferred) in accordance with Americans with

Disabilities Act (ADA) requirements and the approximate location of merchandise, tables, chairs, etc. and their relative proximity to the walkway.

d. If serving alcohol: the location of required diverters/fence3. If applying to use any portion of the public right-of-way, you must provide evidence of liability

insurance for a minimum coverage of $500,000, naming the City of Wichita as additional insured. The insurance coverage must be in force for the duration of the permit.

4. Submit all required documents online at Wichita.gov/OpenAirICT. Upon submittal of the application, City of Wichita staff will contact you to schedule an onsite meeting (an onsite meeting may not be required if the permit is only for use of off-street private parking). If you are not contacted within two (2) business days, or if you have any questions, please contact us by email at openairpermits@wichita.gov or at the following appropriate number:

- For use of off-street private parking: MAPD at (316) 268-4421- For use of public right-of-way: City Engineer’s Office at (316) 268 4501

STANDARD REQUIREMENTSIn order to maintain the Open Air ICT, Temporary Use Permit, the Permit Holder must comply with all applicable rules and regulations including the following:

1. Permit Holder must display a copy of the permit visibly for public view during business hours.2. For off-street parking, the Permit Holder is permitted to use no more than 50% of the on-site

parking spaces provided by the business.3. Permit Holder must keep open, pedestrian passage through the right-of-way (six feet of

pedestrian clearance is preferred) in accordance with the Americans with Disabilities Act (ADA) requirements and maintain appropriate accessible (disabled) parking spaces.

4. Placement of items (merchandise, fences/diverters, tables, chairs, etc.) must not in any way interfere with building ingress/egress, curb ramps, driveways, transit stops or access to any fire escape.

5. Permit Holder is responsible for making sure that all activities and items stay within the approved area.

6. Any changes to the use of the area require the approval of the City and may require the submittal of a new permit application.

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7. Area shall be maintained in a clean and ordered manner. Permit Holder must sweep the area as needed and keep the area clean from litter and debris at all times.

8. All items must be maintained in a state of good repair and shall be of such design that they are not prone to being disturbed by the wind. All items must be removed from the permitted area when the business is closed.

9. Businesses may not relocate any fixed infrastructure such as signs, bike racks, etc. to make moreroom in the right-of-way or for any other reason, nor is the City of Wichita able to accommodate such requests.

10. Failure to meet any of the responsibilities noted on the permit application or this exhibit may result in cancellation of the permit.

11. After expiration of the temporary permit on August 1, 2021, anyone wishing to continue to use the right-of-way will be required to obtain a permanent right-of-way use permit which will likely require modifications to the area and will be subject to applicable permit fees.

12. Please visit Wichita.gov/OpenAirICT for more information, including examples of use.

SPECIAL REQUIREMENTSSale of Food/Beverages1. Food trays or carts, receptacles for dirty dishes, etc. shall not be placed or stored on any portion

of the sidewalk or roadway area of a public street or right-of-way. 2. Permit Holder must provide at least one durable trash receptacle within the permit area at all

times.3. For the sale of alcohol:

a. The Permit Holder must possess a valid license specific for the proposed area. b. All sales of alcohol will require fences/diverters to clearly delineate the proposed space,

but do not need to be permanently affixed to the surface.c. Sales in the public right-of-way between the street and business (e.g. sidewalk and grass

area) must be in areas adjacent to the building.d. No alcohol will be allowed to be sold in the street, including on-street parking, unless the

entire street is fully closed to vehicular traffic. Serving of alcohol shall comply with all requirements of the State of Kansas’ Alcoholic Beverage Control.

Use of Street (e.g. on-street parking, part of the traveled street, or all of the street)1. Streets with speed limits of 35 mph or greater will not be permitted to utilize any portion of the

street.2. Applicant must obtain approval from the City’s Traffic Engineering during the permit process for

any proposed use of the street, including any portion of on-street parking. All such uses will require submittal and approval of a traffic control plan. All traffic control must comply with the latest version of the Manual on Uniform Traffic Control Devices (MUTCD). The cost of installation of all necessary traffic control is the responsibility of the Permit Holder. The City will not furnish any traffic control devices.

3. No alcohol will be allowed to be served in the street unless fully closed to vehicular traffic.

Owner/Authorized Agent: Lessee:

Signature _________________________ Date ________ Signature _________________________ Date ________

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REQUEST FOR DECLARATION OF EMERGENCY

REQUEST OF THE MAYOR OF THE CITY OF WICHITA, KANSAS, FOR THE DECLARATION BY THE CITY COUNCIL OF SAID CITY OF THE EXISTENCE OF A PUBLIC EMERGENCY REQUIRING THE FINAL ADOPTION OF AN ORDINANCE AS DESIGNATED BELOW.

I, BRANDON J. WHIPPLE, Mayor of the City of Wichita, Kansas, hereby request that the City Council declare that a public emergency exists requiring the final adoption and passage on the date of its introduction, to-wit, August 11, 2020, of an ordinance entitled:

ORDINANCE NO. 51-335

AN ORDINANCE CREATING SECTIONS 10.04.138, 10.04.230, 10.04.240, 10.04.250, 10.04.260, 10.04.270, 10.04.280, 10.04.290 AND SECTION 28.04.020 OF THE CODE OF THE CITY OF WICHITA, KANSAS PERTAINING TOSIDEWALK CAFÉ PERMITS, OPEN AIR ICT USE PERMITS AND TEMPORARY REDUCTION OF PARKING REQUIREMENTS OF UNIFIED ZONING CODE.

The general nature of such emergency is to enhance economic opportunities for businesses by allowing businesses to immediately utilize outdoor spaces to enhance economic opportunities and viability while allowing proper social distancing of customers and patrons.

It is, therefore, expedient at this time that the City Council find and declare that a public emergency exists by reason of the foregoing, and that the above-entitled Ordinance be finally adopted on the date of its introduction.

EXECUTED at Wichita, Kansas, on this 11th day of August, 2020.

__________________________________________Brandon J. Whipple, Mayor

ATTEST:

______________________________Karen Sublett, City Clerk

APPROVED AS TO FORM:

______________________________Jennifer L. MagañaCity Attorney and Director of Law

46

Agenda Item No. V-6

City of WichitaCity Council Meeting

August 11, 2020

TO: Mayor and City Council

SUBJECT: Ordinances Amending Sections 5.43.020 and 5.43.050 pertaining to Wearing of Masks in Public Places

INITIATED BY: City Council

AGENDA: New Business

Recommendation: Approve the proposed ordinance, declare an emergency and adopt the ordinance on first reading.

Background: In Sedgwick County, there continues to be an increase in COVID-19 cases. On July 3, 2020, the City Council adopted a mandatory mask ordinance, which required citizens to wear masks when in public places. The ordinance is set to expire on August 11, 2020. Because the continued increase ofCOVID-19 spread is a danger to the health and safety of every Wichitan, it is necessary to extend the ordinance requirements to promote and secure the safety and protection of the civilian population.

Analysis: The ordinance is amended to exclude indoor or outdoor spaces or areas in public or private schools and/or universities from the ordinance requirements. Decisions regarding wearing masks in educational settings are best determined by school administration. The ordinance extends the requirements that masks be worn in other public places until September 8, 2020. Due to the prior ordinance expiring on August 11, 2020, it is necessary to declare a public emergency and pass the ordinance on first reading.

Financial Considerations: None

Legal Considerations: The Ordinances have been drafted by the Law Department and are approved as to form.

Recommendations/Actions: It is recommended that the City Council declare an Emergency and approve the ordinance on first reading.

Attachment: Declaration of Emergency and Proposed Ordinances.

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- 1 -

DELINEATED 08/06/2020

First Published in the Wichita Eagle on _________________

ORDINANCE NO. ________

AN ORDINANCE AMENDING SECTIONS 5.43.020 AND 5.43.050 OF THE CODE OF THE CITY OF WICHITA PERTAINING TO FACE MASKS.

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

KANSAS:

SECTION 1. Section 5.43.020 of the Code of the City of Wichita is hereby amended to

read as follows. As used in this Chapter, the following terms shall have the following meanings:

“Definitions.

a. “Mask or other face covering” means a covering of the nose and mouth that is

secured to the head with ties, straps, or loops over the ears or secured to the head

by other means or devices or is simply wrapped around the lower face. A mask or

other face covering can be made of a variety of synthetic and natural fabrics,

including cotton, silk, or linen. Ideally, a mask or other face covering has two or

more layers. A mask or other face covering may be factory-made, sewn by hand,

or can be improvised from household items such as scarfs, bandanas, t-shirts,

sweatshirts, or towels.

b. “Public space” means any indoor or outdoor space or area that is open to the

public; this does not include private residential property or private offices or

workspaces that are not open to customers or public visitors or any indoor or

outdoor space or areas in public or private schools and/or universities.

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- 2 -

SECTION 2. Section 5.43.050 of the Code of the City of Wichita is hereby amended to

read as follows:

The provisions of Section 5.43.050 of the Code of the City of Wichita shall be in effect

until August 11, 2020 September 8, 2020.

SECTION 3. The originals of Section 5.43.020 and 5.43.050 of the Code of the City of

Wichita are hereby repealed.

SECTION 4. This ordinance shall be included in the Code of the City of Wichita,

Kansas, and shall be effective upon its passage and publication once in the official city paper.

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

_________________, 2020.

__________________________________________Brandon Whipple, Mayor

ATTEST:

Karen Sublett, City Clerk

Approved as to Form:

Jennifer L. MagañaCity Attorney and Director of Law

49

REQUEST FOR DECLARATION OF EMERGENCY

REQUEST OF THE MAYOR OF THE CITY OF WICHITA, KANSAS, FOR THE DECLARATION BY THE CITY COUNCIL OF SAID CITY OF THE EXISTENCE OF A PUBLIC EMERGENCY REQUIRING THE FINAL ADOPTION OF AN ORDINANCE AS DESIGNATED BELOW.

I, BRANDON J. WHIPPLE, Mayor of the City of Wichita, Kansas, hereby request that the City Council declare that a public emergency exists requiring the final adoption and passage on the date of its introduction, to-wit, August 11, 2020, of an ordinance entitled:

ORDINANCE NO. 51-336

AN ORDINANCE AMENDING SECTIONS 5.43.020 AND 5.43.050 PERTAINING TO WEARING OF MASKS IN PUBLIC PLACES

The general nature of such emergency is the necessity to extend requirements that masks be worn in public places to stop the continued spread of COVID-19 to protect the health and safety of the citizens of Wichita.

It is, therefore, expedient at this time that the City Council find and declare that a public emergency exists by reason of the foregoing, and that the above-entitled Ordinance be finally adopted on the date of its introduction.

EXECUTED at Wichita, Kansas, on this 11th day of August, 2020.

__________________________________________Brandon J. Whipple, Mayor

ATTEST:

______________________________Karen Sublett, City Clerk

APPROVED AS TO FORM:

______________________________Jennifer L. MagañaCity Attorney and Director of Law

50

- 1 -

First Published in the Wichita Eagle on August 14, 2020

ORDINANCE NO. 51-336

AN ORDINANCE AMENDING SECTIONS 5.43.020 AND 5.43.050 OF THE CODE OF THE CITY OF WICHITA PERTAINING TO FACE MASKS.

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

KANSAS:

SECTION 1. Section 5.43.020 of the Code of the City of Wichita is hereby amended to

read as follows. As used in this Chapter, the following terms shall have the following meanings:

“Definitions.

a. “Mask or other face covering” means a covering of the nose and mouth that is

secured to the head with ties, straps, or loops over the ears or secured to the head

by other means or devices or is simply wrapped around the lower face. A mask or

other face covering can be made of a variety of synthetic and natural fabrics,

including cotton, silk, or linen. Ideally, a mask or other face covering has two or

more layers. A mask or other face covering may be factory-made, sewn by hand,

or can be improvised from household items such as scarfs, bandanas, t-shirts,

sweatshirts, or towels.

b. “Public space” means any indoor or outdoor space or area that is open to the

public; this does not include private residential property or private offices or

workspaces that are not open to customers or public visitors or any indoor or

outdoor space or areas in public or private schools and/or universities.

SECTION 2. Section 5.43.050 of the Code of the City of Wichita is hereby amended to

read as follows:

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- 2 -

The provisions of 5.43.050 of the Code of the City of Wichita shall be in effect

until September 8, 2020.

SECTION 3. The originals of Section 5.43.020 and 5.43.050 of the Code of the City of

Wichita are hereby repealed.

SECTION 4. This ordinance shall be included in the Code of the City of Wichita,

Kansas, and shall be effective upon its passage and publication once in the official city paper.

PASSED by the governing body of the City of Wichita, Kansas, this 11th day of August,

2020.

__________________________________________Brandon Whipple, Mayor

ATTEST:

Karen Sublett, City Clerk

Approved as to Form:

Jennifer L. MagañaCity Attorney and Director of Law

52

Agenda Item No. VI-1

City of WichitaCity Council Meeting

August 11, 2020

TO: Mayor and City Council

SUBJECT: ZON2020-00023 – Zone Change from B Multi-Family Residential and GC General Commercial to LI Limited Industrial to Allow For Uniform Development With the Lot to the South Addressed 203 North Handley; Generally Located 515 Feet North of West Douglas on the East Side of Walnut Street (District VI)

INITIATED BY: Metropolitan Area Planning Department

AGENDA: Planning (Non-Consent)

MAPC Recommendation: The MAPC voted to recommended approval of the request (10-1) subject to staff recommendations with the Protective Overlay with four conditions at its July 9, 2020, meeting.

DAB Recommendation: District Advisory Board (DAB) VI first reviewed the application at their meeting of July 6, 2020, and recommended to deny the request by a vote of 8-1. The DAB VI agreed to reconsider the application because the applicants did not attend and heard the full information at their meeting of August 3, 2020, and recommended approval of the request subject to items 1, 2, and 4 of the Protective Overlay (7-0).

MAPD Staff Recommendation: Metropolitan Area Planning Department staff recommend approval of the request subject to the establishment of a Protective Overlay with four conditions.

53

ZON2020-00023August 11, 2020Page 2Background: The applicant requests a zone change from B Multi-Family and GC General Commercial to LI Limited Industrial. The property is not addressed but is situated north of the property addressed at 203 North Handley Street. The subject property is primarily zoned B Multi-Family, however the former alley on the east side of the property is zoned GC General Commercial. The applicant states that the purpose of this request is to allow for the uniform development of the application area with the zoning lot to the south addressed 203 North Handley Street. The current business at 203 North Handley Street is Ludeman Insulation & Supply, Inc. According to their webpage, the company is an industrial and commercial insulation installer and distributor.

Due to the residential zoning to the north and west, the site will be subject to the supplemental use regulations of the UZC regarding solid screening on those sides if approved.

Property to the north is zoned B Multi-Family Residential and is developed as a single-family home. Property to the south is zoned LI Limited Industrial and will be developed as part of this site. Property to the east is zoned GC General Commercial and will be developed as part of this site. Properties to the west, across North Walnut Street is zoned B Multi-Family Residential and GC General Commercial. The properties have been developed as single-family homes and a car wash.

Analysis: On July 9, 2020, the Metropolitan Area Planning Commission (MAPC) recommended approvalof the request (10-1) subject to staff recommendations, including at Protective Overlay (PO #352) with four conditions. No members of the public spoke at the MAPC hearing.

District Advisory Board (DAB) VI first reviewed the application at their meeting of July 6, 2020, and recommended to deny the request by a vote of 8-1. The DAB VI agreed to reconsider the application because the applicants did not attend and heard the full information at their meeting of August 3, 2020, and recommended approval of the request subject to items 1, 2, and 4 of the Protective Overlay (7-0).

No protest petitions were submitted concerning the zone change. The request can be approved with a simple majority vote.

Financial Considerations: Approval of this request will not create any financial obligations for the City.

Recommendation/Actions: It is recommended that the City Council adopt the findings of the MAPC, approve the requested zone change and place the ordinance on the first reading, authorize the necessary signatures, and instruct the City Clerk to publish the ordinance after approval on second reading (requires four votes or a simple majority vote). The case may be referred back to the MAPC with a simple majority vote. The City Council may overturn the recommendation of the MAPC and approve the rezone requestwith a modified Protective Overlay with five of seven votes.

Attachments: MAPC Minutes DAB VI Reports Applicant Support Materials Ordinance

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Page 1

OCA 150004(Published in the Wichita Eagle, August 21, 2020)

ORDINANCE NO. 51-334

AN ORDINANCE CHANGING THE ZONING CLASSIFICATIONS OR DISTRICTS OF CERTAIN LANDS LOCATED IN THE CITY OF WICHITA, KANSAS, UNDER THE AUTHORITY GRANTED BY THE WICHITA-SEDGWICK COUNTY UNIFIED ZONING CODE, SECTION V-C, AS ADOPTED BY SECTION 28.04.010, AS AMENDED.

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

SECTION 1. That having received a recommendation from the Planning Commission, and proper notice having been given and hearing held as provided by law and under authority and subject to the provisions of The Wichita-Sedgwick County Unified Zoning Code, Section V-C, as adopted by Section 28.04.010, as amended, the zoning classification or districts of the lands legally described hereby are changed as follows:

Case No. ZON2020-00023

City zone change from B Multi-Family Residential and GC General Commercial to LI Limited Industrial subject to the conditions set forth in Protective Overlay #352, legally described as:

Lots 32, 34, 36, and 38, on Walnut Street, West Wichita Addition, Sedgwick County, Kansas, together with that portion of vacated alley accruing thereto.

Protective Overlay #352

1. All uses permitted by right in the "LI" zoning district except the following uses: Correctional Facility; Correctional Placement Residence, Limited and General; Day Reporting Center; Animal Care, General; Kennel, Boarding/Breeding/Training; Night Club in the City or the County; Sexually Oriented Business in the City or the County; Tavern and Drinking Establishment; Vehicle Storage Yard; Construction Burn Site; Asphalt or Concrete Plant, Limited and General; Recycling Processing Center; Mining or Quarrying; Storage, Outdoor, as a principal use; Wrecking/ Salvage Yard; and Grain Storage.

2. The site shall be developed in conformance with all other development standards of the Unified Zoning Code for the “LI” Limited Industrial district.

3. The applicant shall submit a site plan and elevations for review and approval by the Director of Planning prior to the issuance of a building permit.

SECTION 2. That upon the taking effect of this ordinance, the above zoning changes shall be entered and shown on the "Official Zoning Map" previously adopted by reference, and said official zoning map is hereby reincorporated as a part of the Wichita -Sedgwick County Unified Zoning Code as amended.

SECTION 3. That this Ordinance shall take effect and be in force from and after its adoption and publication in the official City paper.

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Page 2

Adopted this 18th Day of August, 2020

___________________________________Brandon J. Whipple, Mayor, City of Wichita

ATTEST:

______________________________Karen Sublett, City Clerk

(SEAL) Approved as to form: ______________________________Jennifer Magan᷉a, City Attorney and Director of Law

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CMB’S FOR August 11, 2020

New 2020 Consumption Off PremisesMaria A. Lewis 21st St Convenience, LLC*** 2620 E. 21st ST N

Renew 2020 Consumption Off PremisesJanine Brown-Wiese Target Store T-1943*** 7575 Maple St

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

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THE CITY OF WICHITA Wichita. Kansas

Department of Public Works

NOT TO BE ADVERTISED

PRELIMINARY ESTIMATES

FOR CITY COUNCIL AUGUST 11, 2020

PRELIMINARY ESTIMATE of the cost of paving improvements to serve Falcon Falls 3rdAddition Phase 3C,( north of 45th Street North, west of Hillside Avenue)( District I)( 472-

85427/ E8189/47461719)— Total Estimated Cost$ 318,000.

109

To the City Council Date of CC 08/ 11/ 2020

Wichita, Kansas PROJ/ ORG) E8189/ 47461719

ENG PROJ) 468- 85278

THIS PROJECT IS NOT TO BE ADVERTISED FOR BIDS

PRELIMINARY ESTIMATE of the cost of paving improvements to serve Falcon Falls 3` dAddition Phase 3C ( District I).

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 318,000

CITY OF WICHITA

STATE OF KANSAS) SS

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

A __, /Gary J. ze , City Engineer

Sworn to and subscribed before me this 11th day of August.

City Clerk

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Page Exhibit

PRELIMINARY ESTIMATE of the cost of paving improvements to serve Falcon Falls 3rdAddition Phase 3C,( north of 45th North, west of Hillside Ave)( District I( 472-

85427/ E8189/47461719)— Total Estimated Cost$ 318,000.

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Exhibit

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4 •

THE CITY OF WICHITA Wichita. Kansas

Department of Public Works

NOT TO BE ADVERTISED

PRELIMINARY ESTIMATES

FOR CITY COUNCIL AUGUST 11, 2020

PRELIMINARY ESTIMATE of the cost of paving improvements to serve Northgate 3` d Additionnorth of 53rd Street North, west of Meridian Avenue)( District VI)( 472-2020-

085596/E0038/47465820)— Total Estimated Cost$ 643, 650.

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To the City Council Date of CC 08/ 11/ 2020

Wichita, Kansas PROJ/ ORG) E0038/47465820

ENG PROJ) 472-2020-085596

THIS PROJECT IS NOT TO BE ADVERTISED FOR BIDS

PRELIMINARY ESTIMATE of the cost of paving improvements to serve Northgate 3rdAddition( District VI).

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 643, 650

CITY OF WICHITA

STATE OF KANSAS) SS

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

A/ A. 4w

Gary Janz, / IV Engineer

Sworn to and subscribed before me this l lth day of August.

City Clerk

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Page Exhibit

PRELIMINARY ESTIMATE of the cost of paving improvements to serve Northgate 3rdAddition,( north of 53rd North, west ofMeridian Ave)( District VI)( 472-2020-

085596/E0038/ 47465820)— Total Estimated Cost$ 643,650.

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f 7 i

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THE CITY OF WICHITA Wichita, Kansas

Department of Public Works

NOT TO BE ADVERTISED

PRELIMINARY ESTIMATES

FOR CITY COUNCIL AUGUST 11, 2020

PRELIMINARY ESTIMATE of the cost of sewer improvements to serve Falcon Falls 3rd Addition

Phase 3C,( north of 45' Street North, west of Hillside Avenue)( District I)( 468-

85278/ E8188/47256118)— Total Estimated Cost $92, 400.

117

To the City Council Date of CC 08/ 11/ 2020

Wichita, Kansas PROJ/ORG) E8188/47256118

ENG PROD) 468- 85278

THIS PROJECT IS NOT TO BE ADVERTISED FOR BIDS

PRELIMINARY ESTIMATE of the cost of sewer improvements to serve Falcon Falls 3rdAddition Phase 3C( District I).

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 92,400

CITY OF WICHITA

STATE OF KANSAS) SS

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

Gal'

Jan - ity Engineer

Sworn to and subscribed before me this 11th day ofAugust.

City Clerk

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Page Exhibit

PRELIMINARY ESTIMATE of the cost of sewer improvements to serve Falcon Falls 3rd

Addition Phase 3C,( north of 45th North, west of Hillside Ave)( District I( 468-

85278/ E8188/47256118)— Total Estimated Cost$ 92,400.

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Exhibit

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THE CITY OF WICHITA Wichita, Kansas

Department of Public Works

NOT TO BE ADVERTISED

PRELIMINARY ESTIMATES

FOR CITY COUNCIL AUGUST 11, 2020

PRELIMINARY ESTIMATE of the cost ofwater improvements to serve Falcon Falls 3rd Addition

Phase 3C,( north of 45'h Street North, west of Hillside Avenue)( District I)( 448-90862/ E8187/47106518)— Total Estimated Cost$ 62, 400.

121

To the City Council Date of CC 08/ 11/ 2020

Wichita, Kansas PROJ/ORG) E8087/47106518

ENG PROJ) 448- 90862

THIS PROJECT IS NOT TO BE ADVERTISED FOR BIDS

PRELIMINARY ESTIMATE of the cost ofwater improvements to serve Falcon Falls 3rd

Addition Phase 3C( District I).

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 62, 400

CITY OF WICHITA

STATE OF KANSAS) SS

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

G: Ja• ze City Engineer

Sworn to and subscribed before me this 11th day of August.

City Clerk

122

Page Exhibit

PRELIMINARY ESTIMATE of the cost of water improvements to serve Falcon Falls 3rdAddition Phase 3C,( north of 45th North, west of Hillside Ave)( District 1 ( 448-

90862/ E8011/ 47107418)— Total Estimated Cost$ 62,400.

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I i'_

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Agenda Item No. II-3a

City of WichitaCity Council Meeting

August 11, 2020

TO: Mayor and City Council

SUBJECT: Petition for Improvements to Serve Oasis Addition (District V)

INITIATED BY: Department of Public Works & Utilities

AGENDA: Consent

Recommendation: Approve the petition and budget, and adopt the resolution.

Background: The petition is a requirement for new development and is valid per Kansas Statute 12-6a01. The signature on the petition represents 100% of the improvement district.

Analysis: The project will provide sanitary sewer improvements required for a new residentialdevelopment located north of 29th Street North, west of 119th Street West.

Financial Considerations: The petition total for the sanitary sewer improvements is $312,000. Thefunding source for the projects is 100% special assessment.

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

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

Attachments: Petition and resolution.

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PETITION 14 b o - 0ao- 0 1 1 1 3SANITARY SEWER IMPROVEMENTS- OASIS ADDITION,

AN ADDITION TO THE CITY OF MAIZE, 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 and

specifications prepared or approved by the City Engineer.

b) The estimated or probable cost of the proposed Improvements is: $ 312,000.00, 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:

OASIS ADDITION, AN ADDITION TO THE CITY OF MAIZE, SEDGWICK COUNTY, KANSAS

Lots 1 through 36, Block A

Lots 1 through 24, Block B

d) The proposed method of assessment is as follows:

Lots 16 through 36, Block A, and Lots 1 through 24, Block B, Oasis Addition, shall each pay1/ 45 of the total costs of the assessments.

Lots 1 through 15, Block A, Oasis Addition, were a part of the Improvement District for

sanitary sewer improvements by Petition submitted with the plat for Mallard Estates; andtherefore, are not subject to assessments for sanitary sewer improvements incurred bythis petition.

126

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.

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 that

benefit the property within the proposed Improvement District. Such benefit fees shall be imposedpursuant to K. S. A. 12- 6a19, in the following manner: $ 52, 377.00 assessed equally among all property,

equally per lot, as described below:

Lots 1 through 36, Block A, and Lots 1 through 24, Block B, Oasis Addition, shall each pay1/ 60 of the total costs of the benefit fees.

Lots 1 through 15, Block A, Oasis Addition, were a part of the benefit district for sanitarysewer improvements by Petition submitted with the plat for Mallard Estates; however, theywere not assessed for benefit fees under said Petition; and therefore, shall be assessed for

benefit fees as set forth in this 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 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.

127

Property Owned WithinSignature Dated Proposed Improvement District

2019, LLC, OASIS ADDITION

a Kansas limited liability company, Lots 1 through 36, Block A

Lots 1 through 24, Block B

0 lob 0Paul E. Kelsey, Member

THIS PETITION was filed in my office on

err of ,

f Deputy City Clerk

128

132019

(Published in the Wichita Eagle, on August 14, 2020)

RESOLUTION NO. 20-242

A RESOLUTION DETERMINING THE ADVISABILITY OF THE MAKING OF CERTAIN INTERNAL IMPROVEMENTS IN THE CITY OF MAIZE, 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 – OASIS ADDITION/NORTH OF 29TH, WEST OF 119TH) (468-2020-017103).

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: $312,000.00, 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:

129

OASIS ADDITION, AN ADDITION TO THE CITY OF MAIZE, SEDWICK COUNTY, KANSASLots 1 through 36, Block ALots 1 through 24, Block B

(d) The proposed method of assessment is as follows:

Lots 16 through 36, Block A, and Lots 1 through 24, Block B, Oasis Addition, shall each pay 1/45 of the total costs of the assessments.

Lots 1 through 15, Block A, Oasis Addition, were a part of the Improvement District for sanitary sewer improvements by Resolution submitted with the plat for Mallard Estates; and therefore, are not subject to assessments for sanitary sewer improvements incurred by this resolution.

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 beimposed 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: $52,377.00, assessed equally among all property, equally per lot, as described below:

Lots 1 through 36, Block A, and Lots 1 through 24, Block B, Oasis Addition, shall each pay 1/60 of the total costs of the benefit fees.

Lots 1 through 15, Block A, Oasis Addition, were a part of the benefit district for sanitary sewer improvements by Resolution submitted with the plat for Mallard Estates; however, they were not assessed for benefit fees under said Resolution; and therefore, shall be assessed for benefit fees as set for in the 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.

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ADOPTED by the City Council of the City of Wichita, Kansas, on August 11, 2020.

(SEAL)Brandon J. Whipple, Mayor

ATTEST:

Karen Sublett, City Clerk

APPROVED AS TO FORM:

Jennifer Magaña, City Attorney and Director of Law

131

Agenda Item No. II-3a

City of WichitaCity Council Meeting

August 11, 2020

TO: Mayor and City Council

SUBJECT: Petition for Improvements to Serve Oasis Addition (District V)

INITIATED BY: Department of Public Works & Utilities

AGENDA: Consent

Recommendation: Approve the petition and budget, and adopt the resolution.

Background: The petition is a requirement for new development and is valid per Kansas Statute 12-6a01. The signature on the petition represents 100% of the improvement district.

Analysis: The project will provide sanitary sewer improvements required for a new residentialdevelopment located north of 29th Street North, west of 119th Street West.

Financial Considerations: The petition total for the sanitary sewer improvements is $312,000. Thefunding source for the projects is 100% special assessment.

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

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

Attachments: Petition and resolution.

132

SANITARY SEWER IMPROVEMENTS

MALLARD ESTATES ADDITION 468— 200 O15( 2/OASIS ADDITION

MAIZE, 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, Kansasthe" City"), do hereby request that said improvements be made in the manner provided byK.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: $ 390,000( Three Hundred

Ninety Thousand Dollars), 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. If expenses have been incurred for the Improvements andconstruction 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 Districtdefined below in accordance with 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 of Wichita.

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

Mallard Estates Addition

Maize, Kansas

Lots 1- 37, Block 1

Lots 1 — 6, Block 2

Lots 1 — 14, Block 3

Oasis Addition

Maize, Kansas

Lots 1- 15, Block A

d) The proposed method of assessment of all costs shall be on a fractional basis:

That the aforementioned Lots in Mallard Estates Addition and Oasis Addition, Maize, Sedgwick County,Kansas shall each pay 1/ 72 of the total cost payable by the improvement district.

JLN1600809.0531DOCUMENT MASTER FORMS\ 12-6a01 SPECIAL ASSESSMENT PROCEEDINGSI PETITION( 09- 19- 14)

B- 1

133

e) The proposed apportionment of the cost of the Improvements, between the ImprovementDistrict 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 sanitary improvements that benefitthe property within the proposed Improvement District. Such benefit fees shall be imposed pursuant to

K.S.A. 12- 6a19, in the following manner: Fifty-Three Thousand One Hundred Twenty-Four Dollars53, 124) to be assessed as follows:

Equally per Lot for the Lots in Mallard Estates referenced in this petition( 57 Lots) resulting in$ 932per Lot. Oasis Addition will include the Main Benefit Fee with their sanitary sewer petition.

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 orwhole, 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 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 WithinSign ure Dated Proposed Improvement District

Mallard Estates Addition

Lots 1- 37, Block 1

LL Lots 1 -- 6, Block 2

IC D= el. pment, LLCLots 1 — 14, Block 3

Kirk J. Richards, Managing Member

JLN\600809.0531DOCUMENT MASTER FORMS 12-6a01 SPECIAL ASSESSMENT PROCEEDINGS\ PETITION( 09- 19- 14)

B-2

134

Property Owned WithinSignature Dated Proposed Improvement District

Oasis Addition

6i)gLots 1- 15, Block A

2019, LLC

Paul Kelsey, Managing Member

THIS PETITION was filed in my office on 5J )/Ze2U ;

01 Gr1'vJti

c...,.,

t- `

ah

1

C. s Clerk

iv

JLN1600809.053\ DOCUMENT MASTER FORMS112- 6a01 SPECIAL ASSESSMENT PROCEEDINGS\ PETITION( 09- 19- 14)

B-3

135

132019

(Published in the Wichita Eagle, on August 14, 2020)

RESOLUTION NO. 20-243

A RESOLUTION DETERMINING THE ADVISABILITY OF THE MAKING OF CERTAIN INTERNAL IMPROVEMENTS IN THE CITY OF MAIZE, 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 – MALLARD ESTATES ADDITION OASIS ADDITION/NORTH OF 29TH, WEST OF 119TH) (468-2020-015621).

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: $390,000 (Three Hundred Ninety Thousand Dollars), 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.

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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 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:

Mallard Estates AdditionMaize, Kansas

Lots 1-37, Block 1Lots 1-6, Block 2Lots 1-14, Block 3

Oasis AdditionMaize, Kansas

Lots 1-15, Block A

(d) The proposed method of assessment of all costs shall be on a fractional basis:That the aforementioned Lots in Mallard Estates Addition and Oasis Addition, Maize, Sedgwick County, Kansas shall each pay 1/72 of the total cost payable by the improvement district.

(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 againstthose 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 sanitary 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: Fifty-Three Thousand One Hundred Twenty-Four Dollars ($53,124) to be assessed as follows:

Equally per Lot for the Lots in Mallard Estates referenced in this resolution (57 Lots) resulting in $932 per Lot. Oasis Addition will include the Main Benefit Fee with their sanitary sewer 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.

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ADOPTED by the City Council of the City of Wichita, Kansas, on August 11, 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. II-4a

City of WichitaCity Council Meeting

August 11, 2020

TO: Mayor and City Council

SUBJECT: Supplemental Design Agreement No. 1 for Improvements to Siena Lakes 2nd

Addition (District V)

INITIATED BY: Department of Public Works & Utilities

AGENDA: Consent

Recommendation: Approve Supplemental Design Agreement No. 1.

Background: On September 25, 2018, the City Council approved petitions for water, sewer, and pavingimprovements to serve Siena Lakes 2nd Addition, located, south of 37th Street North, west of Hoover Road.

Analysis: The proposed Supplemental Design Agreement No. 1 provides for inspection services. The Engineering Division has worked closely with the development community to create an effective partnership and business model for project management. As Engineering field staff’s workload is currently at its optimal efficiency for production and cost, Supplemental Design Agreement No. 1 has been prepared for Baughman Company P.A., to provide the additional services. Baughman Company P.A., as the platting engineer for the developer, can provide the greatest quality service and expertise, as a supplement to City staff.

Financial Considerations: The design service fee to date is $38,900. The cost of Supplemental Agreement No. 1 is $27,000, which brings the total design fee to $65,900. Funding is available within the existing budget approved by the City Council on September 25, 2018, and is funded by 100% special assessment.

Legal Considerations: Supplemental Design Agreement No. 1 has been reviewed and approved as to form by the Law Department.

Recommendation/Action: It is recommended that the City Council approve Supplemental Design Agreement No. 1 and authorize the necessary signatures.

Attachment: Supplemental Design Agreement No. 1.

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SUPPLEMENTAL AGREEMENT NO. 1

TO THE

AGREEMENT FOR PROFESSIONAL SERVICES DATED OCTOBER 22, 2019

BETWEEN

THE CITY OF WICHITA, KANSAS

PARTY OF THE FIRST PART, HEREINAFTER CALLED THE

CITY"

AND

BAUGHMAN COMPANY, P. A.

PARTY OF THE SECOND PART, HEREINAFTER CALLED THE

ENGINEER"

WITNESSETH:

WHEREAS, there now exists a Contract ( dated October 22, 2019) between the two parties coveringengineering services to be provided by the ENGINEER in conjunction with the construction of improvementsto SIENA LAKES 2ND ADDITION, PHASE 3 ( south of 37t" St. N., west of Hoover).

WHEREAS, Paragraph IV. B. of the above referenced Contract provides that additional work be per-

formed and additional compensation be paid on the basis of a Supplemental Agreement duly entered intoby the parties, and

WHEREAS, it is the desire of both parties that the ENGINEER provide additional services required for

the PROJECT and receive additional compensation ( as revised herein):

NOW THEREFORE, the parties hereto mutually agree as follows:

A. PROJECT DESCRIPTION

The description of the improvements that the CITY intends to construct and thereafter called the" PRO-

JECT"as stated on page 1 of the above referenced agreement is hereby amended to include the following:

INSPECTION SERVICES

as per the City of Wichita Standard Construction Engineering Practices)

WATER DISTRIBUTION SYSTEM NO. 90857 serving Lot 33, Block A; Lots 11 through 32, Block B toserve Siena Lakes 2nd Addition, Phase 3 ( south of 37th St N, west of Hoover) ( Project No. E8128-

47110919, formerly 448-90857_ 735645).

LATERAL 562, SOUTHWEST INTERCEPTOR SEWER serving Lot 33, Block A; Lots 11 through 32,Block B to serve Siena Lakes 2nd Addition, Phase 3 ( south of 37th St N, west of Hoover) ( Project No.E9064-47259719, formerly 468- 85271_ 744506).

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LAKEWAY COURT serving Lot 33, Block A; Lots 11 through 32, Block B to serve Siena Lakes 2ndAddition, Phase 3 ( south of 37th St N, west of Hoover) ( Project No. E8130-47464219, formerly 472-85422_ 766476).

B. PAYMENT PROVISIONS

The fee in Section IV. A. shall be amended to include the following:

Payment to the ENGINEER for the performance of the professional services as outlined in this supple-

mental agreement shall be made on the basis of the not to exceed fee amount specified below:

Project No. E8128-47110919 $ 4, 100. 00

Project No. E9064-47259719 $ 8, 500. 00

Project No. E8130-47464219 $ 14, 400. 00

TOTAL $ 27, 000. 00

Payments will be reviewed by the CITY upon presentment, and the undisputed sums will be paid accordingto the CITY' s regular accounting procedures typically made within 30 days of approval.

C. COMPLETION

The ENGINEER agrees to complete and deliver the field notes, preliminary and final plans ( includingfinal tracings), specifications and estimates to the CITY by

EXCEPT that the ENGINEER shall not be responsible or held liable for delays occasioned by the ac-tions of inactions of the CITY or other agencies, or for other unavoidable delays beyond the control of the

ENGINEER.

D. PROVISIONS OF THE ORIGINAL CONTRACT

The parties hereunto mutually agree that all provisions and requirements of the original Contract, notspecifically modified by this Supplemental Agreement, are hereby ratified and confirmed.

IN WITNESS WHEREOF, the CITY and the ENGINEER have executed this Supplemental Agreement

as of this day of _ 2020.

CITY OF WICHITA

Brandon J. Whipple, Mayor

ATTEST:

Karen Sublett, City Clerk

APPROVED AS TO FORM:

Jennifer Magana, City Attorneyand Director of Law

BAUGHMAN ' oMPANY, P.A.

4N. : rent Wooten, PE

President

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Agenda Item No. II-5a

City of WichitaCity Council Meeting

August 11, 2020

TO: Mayor and City Council

SUBJECT: Partial Acquisition 10628 East Pawnee for the Pawnee Avenue - Webb Road to Greenwich Road Improvement Project (District II)

INITIATED BY: Office of Property Management

AGENDA: Consent

Recommendation: Approve the acquisition.

Background: On February 5, 2019, the City Council approved the funding for the design of improvements to Pawnee Avenue from Webb Road to Greenwich Road. This section of Pawnee Avenue is currently two-lane asphalt mat with bar ditches on each side of the roadway and no sidewalks. The project calls for improving the roadway to three lanes with curb and gutter and underground storm sewer. The design also includes a six-foot sidewalk on one side and a 10-foot multi-use path on the other side. The property at 10628 East Pawnee is improved as a single-family residence. The proposed acquisition is a temporary construction easements; however, a fence needs to be relocated.

Analysis: The owner agreed to accept the estimated appraised value in the amount of $120 for the land impacted. An additional $1,495 has been established as compensation for the cost to relocate the fence. This amount is based on an estimate from a local fence company. The total cost of the acquisition at the subject property is $1,615.

Financial Considerations: The funding source for the acquisition is General Obligation bonds. A budget of $2,115 is requested. This includes $1,615 for the acquisition, and $500 for title work, closing costs, administrative fees and other miscellaneous costs.

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

Recommendation/Action: It is recommended that the City Council approve the acquisition, authorize the budget and authorize the Mayor to sign any necessary documents.

Attachments: Real estate agreement, tract map, and aerial.

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Agenda Item No. II-6

City of WichitaCity Council Meeting

August 11th, 2020

TO: Mayor and City Council

SUBJECT: Derby and Butler County 2020 Interlocal Agreements (All Districts)

INITIATED BY: Wichita Transit

AGENDA: Consent

Recommendation: Approve the interlocal agreements for the City of Derby and Butler County for 2020.

Background: Each year, the Federal Transit Administration (FTA) provides grant money for use in providing urban public transportation services. The amount of funding is based upon a complex formula involving miles driven, population, and population density served. The grant for 2020 was awarded on July 27, 2020. The City of Wichita has pre-award authority so funds can be reimbursed back to the start of the Federal fiscal year, January 1, 2020.

Analysis: The service area for which the City of Wichita is allowed to seek funds includes parts of Sedgwick County and other incorporated entities within the urbanized area (UZA). The City can request funds for public transportation services to enhance the programs of the urbanized area and pass through a portion of the total annual apportionment. For Fiscal Year 2020, the pass-through funds will be $40,000of Federal funds for project administration, preventive maintenance, and operating expenses for the City of Derby; and the pass-through funds will be $10,000 of Federal funds for operating expenses for Butler County for use in the City of Andover.

Financial Considerations: The City of Wichita will pass through $40,000 of Federal Transit Administration funds to the City of Derby and $10,000 of Federal Transit Administration funds to Butler County. The City of Derby will pay a matching portion of $38,350 and Butler County will pay a matching portion of $10,000.

Legal Considerations: The City’s Law Department has reviewed and approved the agreement as to form. By the attached interlocal agreements, the City of Derby and Butler County agree to adhere to all Federal program requirements attached to the grant. The City of Wichita’s Transit Department will give guidance for Federal reporting required under the grant, but will have no part in operating these transportation programs within the City of Derby or Butler County.

Recommendations/Actions: It is recommended that the City Council approve the interlocal agreements.

Attachments: Interlocal agreement with the City of Derby and interlocal agreement with Butler Country.

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INTERLOCAL AGREEMENTFor Section 5307 Funding

This interlocal agreement (Agreement) is entered into by and between the City of Wichita, Kansas (“WICHITA”) and the County of Butler, Kansas (“BUTLER”). Unique entity identifier for the County of Butler is 097707004.

WICHITA and BUTLER both operate public transportation services within the WICHITA metropolitan area, and are committed to continuing such services in a cooperative and coordinated manner. The purpose of this Agreement is to provide for allocation of federal funds available under the Urban Mass Transportation Act of 1964 (“Act”) to provide on-going support to transit services provided by WICHITA and BUTLER. It is therefore, mutually agreed as follows:

1. Term. The Agreement shall be effective upon execution by all parties hereto and shall be effective January 1st, 2020 terminating after receipt of final payment or December 31st, 2021, unless terminated earlier as allowed below.

2. Operations and Management. WICHITA and BUTLER shall each be solely responsible for the separate operation and management of their respected public transportation systems. WICHITA and BUTLER agree to act with due diligence and good faith in the exercise of the operation and management of their respective transit systems to comply with the terms of this Agreement and to work together in a mutually supportive manner to ensure the implementation of all provisions contained in this Agreement. WICHITA agrees to assist BUTLER in set-up guidance for proper reimbursement andpayout documents, and data submission. WICHITA will be responsible for scheduling an annual meeting with BUTLER for review and future planning.

3. Allocation of FY2020 Section 5307 Funds. For FY2020, BUTLER shall be designated by WICHITA to be a sub-grantee (pass-through) recipient to receive Section 5307 (CFDA 20.507, Federal Transit Formula Grants) funding from the Federal Transit Administration (FTA) for operating. The FTA Federal award identification number is KS-2020-012-00 and was awarded on July 27, 2020. Section 5307 funding requires all sub-grantee (pass-through) recipients to fund a percentage of the total cost as a local match. Total amount to BUTLER is $20,000. The allocation anticipated from the FTA Section 5307 funds from FFY2020 funds is $10,000, with a local match of $10,000. The total allocation for operating is $20,000 [federal portion $10,000, local match $10,000 (50%/50%)]. BUTLER is not apportioned project administration funds.

4. Contact Information. The Federal awarding agency is FTA. Shannon Graves is the FTA contact. He can be reached at 816-329-3926 or Shannon.graves@dot.gov. City of Wichita (Wichita Transit) is the designated recipient of fund to be passed through to BUTLER. Tonja Howard is the WICHITA contact and can be reached at 316-352-4807 or thoward@wichita.gov.

5. Application for Section 5307 Funding. WICHITA shall apply to the FTA for funding under Paragraph 3. The funds received by BUTLER shall be matched at an appropriate percentage by local funds secured by BUTLER and shall be available for use by BUTLER, as its governing body deems appropriate within the FTA requirements, as set out in Exhibits C and D attached.

6. Carryover of Funds. Funds allocated to BUTLER pursuant to Sections 3 and 4 may be carried over for a maximum of 2 years from start of federal fiscal year of grant, unless terminated earlier.

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7. Future Allocation of 5307 Funds. Based on the amount of carryover funds available and the availability of SECTION 5307 funds, BUTLER may be subject to less apportionment than the $10,000 FTA portion available for allocation in a Fiscal Year. This will be determined during the annual planning meeting.

8. Compliance with Laws. WICHITA and BUTLER hereby agree, in the performance of this Agreement, to comply with all applicable federal, state, and local laws, including specifically all relevant requirements of the Act, as appropriate, which may separately and individually apply to their respective jurisdictions.

9. Extension of Agreement. WICHITA and BUTLER may extend this Agreement on a year-to-year basis with written approval of both parties. Funds are secured in the agreement year and subject to be spent within FTA requirements.

10. Establishment and Maintenance of Records. BUTLER shall establish and maintain records as prescribed by WICHITA, with respect to all matters covered by this Agreement. Except as otherwise authorized by WICHITA, BUTLER shall retain such financial and non-financial related records for a period of three (3) years after receipt of the final payment under this Agreement or termination of this Agreement for auditors or WICHITA. However, if any litigation, claim, negotiation, audit, oversight or other action involving the records has been started before the expiration of the three-year period, the records must be retained until the completion of the action and resolution of issues which arise from it or until the end of the regular three-year period, whichever is later.

11. Reports and Information. BUTLER, at such times and in such forms as WICHITA or its designates and authorized representative(s) may require, shall furnish to WICHITA, the FTA, or their designated and authorized representative(s) such statements, records, reports, data, and information as they may request pertaining to matters covered by this Agreement.

12. Audits and Inspections. BUTLER shall, at any time, and as often as WICHITA may deem necessary, make available to WICHITA, or its designated and authorized representative(s), all of its records and data pertaining to matters covered by this Agreement for the purpose of making audits, oversights, examinations, excerpts, and transcriptions. BUTLER is required to provide WICHITA with access to their single audit report.

13. Per §200.331 Requirements for pass-through entities, All pass-through entities must:(a) Ensure that every subaward is clearly identified to the subrecipient as a subaward and includes the

following information at the time of the subaward and if any of these data elements change, include the changes in subsequent subaward modification. When some of this information is not available, the pass-through entity must provide the best information available to describe the Federal award and subaward. Required information includes:

(1) Federal Award Identification.(i) Subrecipient name (which must match the name associated with its unique entity identifier);(ii) Subrecipient's unique entity identifier;(iii) Federal Award Identification Number (FAIN);(iv) Federal Award Date (see §200.39 Federal award date);(v) Subaward Period of Performance Start and End Date;(vi) Amount of Federal Funds Obligated by this action;(vii) Total Amount of Federal Funds Obligated to the subrecipient;(viii) Total Amount of the Federal Award;

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(ix) Federal award project description, as required to be responsive to the Federal Funding Accountability and Transparency Act (FFATA);

(x) Name of Federal awarding agency, pass-through entity, and contact information for awarding official,

(xi) CFDA Number and Name; the pass-through entity must identify the dollar amount made available under each Federal award and the CFDA number at time of disbursement;

(xii) Identification of whether the award is R&D; and(xiii) Indirect cost rate for the Federal award (including if the de minimis rate is charged per

§200.414 Indirect (F&A) costs).(2) All requirements imposed by the pass-through entity on the subrecipient so that the Federal

award is used in accordance with Federal statutes, regulations and the terms and conditions of the Federal award.

(3) Any additional requirements that the pass-through entity imposes on the subrecipient in order for the pass-through entity to meet its own responsibility to the Federal awarding agency including identification of any required financial and performance reports;

(4) An approved federally recognized indirect cost rate negotiated between the subrecipient and the Federal Government or, if no such rate exists, either a rate negotiated between the pass-through entity and the subrecipient (in compliance with this part), or a de minimis indirect cost rate as defined in §200.414 Indirect (F&A) costs, paragraph (f) of this part.

(5) A requirement that the subrecipient permit the pass-through entity and auditors to have access to the subrecipient's records and financial statements as necessary for the pass-through entity to meet the requirements of this part; and

(6) Appropriate terms and conditions concerning closeout of the subaward.(b) Evaluate each subrecipient's risk of noncompliance with Federal statutes, regulations, and the terms

and conditions of the subaward for purposes of determining the appropriate subrecipient monitoring described in paragraphs (d) and (e) of this section, which may include consideration of such factors as:

(1) The subrecipient's prior experience with the same or similar subawards;(2) The results of previous audits including whether or not the subrecipient receives a Single Audit

in accordance with Subpart F—Audit Requirements of this part, and the extent to which the same or similar subaward has been audited as a major program;

(3) Whether the subrecipient has new personnel or new or substantially changed systems; and(4) The extent and results of Federal awarding agency monitoring (e.g., if the subrecipient also

receives Federal awards directly from a Federal awarding agency).(c) Consider imposing specific subaward conditions upon a subrecipient if appropriate as described in

§200.207 Specific conditions.(d) Monitor the activities of the subrecipient as necessary to ensure that the subaward is used for

authorized purposes, in compliance with Federal statutes, regulations, and the terms and conditions of the subaward; and that subaward performance goals are achieved. Pass-through entity monitoring of the subrecipient must include:

(1) Reviewing financial and performance reports required by the pass-through entity.(2) Following-up and ensuring that the subrecipient takes timely and appropriate action on all

deficiencies pertaining to the Federal award provided to the subrecipient from the pass-through entity detected through audits, on-site reviews, and other means.

(3) Issuing a management decision for audit findings pertaining to the Federal award provided to the subrecipient from the pass-through entity as required by §200.521 Management decision.

(e) Depending upon the pass-through entity's assessment of risk posed by the subrecipient (as described in paragraph (b) of this section), the following monitoring tools may be useful for the pass-through entity to ensure proper accountability and compliance with program requirements and achievement of performance goals:

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(1) Providing subrecipients with training and technical assistance on program-related matters; and(2) Performing on-site reviews of the subrecipient's program operations;(3) Arranging for agreed-upon-procedures engagements as described in §200.425 Audit services.

(f) Verify that every subrecipient is audited as required by Subpart F—Audit Requirements of this part when it is expected that the subrecipient's Federal awards expended during the respective fiscal year equaled or exceeded the threshold set forth in §200.501 Audit requirements.

(g) Consider whether the results of the subrecipient's audits, on-site reviews, or other monitoring indicate conditions that necessitate adjustments to the pass-through entity's own records.

(h) Consider taking enforcement action against noncompliant subrecipients as described in §200.338 Remedies for noncompliance of this part and in program regulations.

[78 FR 78608, Dec. 26, 2013, as amended at 79 FR 75885, Dec. 19, 2014]

14. Discrimination.

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

B. BUTLER further agrees to implement and comply with the “Revised Non-discrimination and Equal Employment Opportunity Statement” for contracts or Agreements as provided in Exhibit A attached hereto and to specifically comply with the requirements of the Americans with Disabilities Act of 1990, as amended.

15. Payments.

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

B. Total Payments. Total payments to BUTLER will be in the contracted amount of $10,000.00 FTA portion for activities starting January 1, 2020, unless carryover money remains, then carryover money will be drawn down first. Payments will be made contingent upon the availability of FTA funds. KS-2020-012-00 has Pre-Award Authority allowing payments to be made as of the beginning term of this agreement.

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

16. Termination Clause. Whenever either of the parties hereto determines that termination of this Agreement is in such party’s best interest, then the Agreement may be terminated by giving written notification to the other party. A determination may include, but not be limited to:

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A. Failure of either party to comply with any or all items contained within Sections 1 through 15 of this Agreement, contract exhibits, and/or provisions of any subsequent contractual amendments executed relative to this Agreement;

B. This Agreement may be terminated if project funds to WICHITA under the grant are suspended or terminated;

C. Either party hereto may also, by giving thirty (30) days notice, terminate this Agreement for convenience;

D. Upon receipt of notice of termination, BUTLER shall: (1) discontinue further commitments of contract funds to the extent they relate to the terminated portion of the Agreement; (2) promptly cancel all Agreements and/or orders to subcontractors utilizing funds under this Agreement; (3) submit, within a reasonable period of time to be specified by WICHITA, a cancellation settlement proposal which shall include a final statement for the Agreement, or reimbursement of unearned funds previously distributed.

17. Appendices. All exhibits referenced below and all amendments or mutually agreed upon modification(s) made by both parties are hereby incorporated as though fully set forth herein. In case of conflict in terms between this Agreement and Exhibit C, the terms of Exhibit C shall take precedence.

Exhibit A Nondiscrimination and Equal Employment Opportunity StatementExhibit B Scope of Services and Method of PaymentExhibit C Fiscal Year 2020 Certifications and Assurances for FTA Assistance ProgramsExhibit D FTA 2020 Master AgreementExhibit E Certification Regarding Debarment, Suspension, and Other Responsibility Matters

Primary Covered Transactions

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IN WITNESS WHEREOF, the parties have set their hands the day and year first above written.

COUNTY OF BUTLER, KANSAS CITY OF WICHITA, KANSASBy order of the County Commission By order of the City Council

_______________________________ __________________________________Marc, Murphy, Commission Chair Brandon Whipple, Mayor

APPROVED AS TO FORM: APPROVED AS TO FORM:

_______________________________ __________________________________Terry Huelskamp, Attorney for Butler County Jennifer Magana, Director of LawButler County Counselor

ATTEST: ATTEST:

_______________________________ __________________________________Tatum Stafford, Butler County Clerk Karen Sublett, City Clerk

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Exhibit ANondiscrimination and Equal Employment Opportunity Statement

During the term of this Agreement, 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 Agreement, the contractor, subcontractor, vendor, or supplier of the City, or any of its agencies, shall comply with all 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 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 Agreement 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 o have breached this Agreement 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 Agreement, 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 Paragraph 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 Nondiscrimination – Equal Employment Opportunity/Affirmative Action Program Requirements:

1. The vendor, supplier, contractor or subcontractor shall practice nondiscrimination – 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.

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The vendor, supplier, contractor, or subcontractor shall submit and 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 the behalf of the vendor, supplier, contractor, or subcontractor, state that all qualified applicants will receive consideration for employment without regard to race, religion, color, sex, “disability, and age except where age is a bona fide occupational qualification”, national origin, or ancestry. In all solicitations or advertisements for employees the vendor, supplier, contractor, or subcontractor shall include the phrase, “Equal Opportunity Employer” or 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, contractor, or subcontractor fails to comply with the manner in which he/she or it reports to the City in accordance with the provisions hereof, the vendor, supplier, contractor, or subcontractor shall be deemed to have breached the present contract, purchase order, or Agreement and it may be canceled, terminated, or suspended in whole or in part by the City or its agency, and further civil rights complaints or investigations may be referred to the State;

4. The vendor, supplier, contractor, or subcontractor shall include the provisions of Subsection 1 through 3, inclusive, of this present section in every subcontract, sub-purchase order, or sub-Agreement so that such provisions will be binding upon each subcontractor, sub-vendor, or sub-supplier.

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 Agreement, 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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Exhibit BScope of Services and Method of Payment

The County of BUTLER will provide operating activities in support of general public transportation services in BUTLER County, Kansas, under federal guidelines.

The amount of funds anticipated from the Federal Transit Administration Section 5307 grant in FY2020is $10,000. Total amount to BUTLER is $20,000. The allocation anticipated from the FTA Section 5307 funds in FY2020 is $10,000, with a local match of $10,000.

BUTLER will submit an invoice for payment no later than 30 days after the end of each month. WICHITA will reimburse BUTLER for the invoiced amount no later than 30 days after the invoice is received. A line item list of expenses must be attached to the invoice for WICHITA to examine and determine if all expenses are FTA eligible. Any ineligible costs will be rejected by WICHITA and BUTLER must submit a revised invoice.

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Exhibit CFiscal Year 2020 Certifications and Assurances for FTA Assistance Programs

The 2020 Certifications and Assurances will be on file for review at Wichita Transit, 777 E. Waterman.

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Exhibit DFTA 2020 Master Agreement

UNITED STATES OF AMERICADEPARTMENT OF TRANSPORTATIONFEDERAL TRANSIT ADMINISTRATION

MASTER AGREEMENT

For Federal Transit Administration Agreements authorized by49 U.S.C. chapter 53 and Title 23, United States Code (Highways), as amended by,

the Fixing America’s Surface Transportation (FAST) Act,the Moving Ahead for Progress in the 21st Century Act (MAP-21),

the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU), the SAFETEA-LU Technical Corrections Act of 2008,

or other federal laws that FTA administers.

FTA MA (25) October 1, 2018

https://www.transit.dot.gov/sites/fta.dot.gov/files/docs/funding/grantee-resources/sample-fta-agreements/131596/fta-master-agreement-fy-2019.pdf

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Exhibit ECertification Regarding

Debarment, Suspension, and Other Responsibility MattersPrimary Covered Transactions

I certify, by agreement of this contract, that neither ____________________________________________ ___,

nor any of its principals or subcontractors with a price equaling or exceeding $25,000 to be awarded, that are a part of thisoffer is presently debarred, suspended, proposed for disbarment, declared ineligible, or voluntarily excluded from participation in Federal assistance programs or activities under Executive Order 12549 (Debarment and Suspension), and neither _________________________________ __ ___, nor any of its principals or subcontractors, is listed on the General Services Administration’s list of Parties Excluded from Federal Programs (available through the Internet at (http://epls.arnet.gov/servlet/EPLSSearchMain/1) and on the HHS/OIG List of Excluded Individuals/Entities (available through the Internet at http://exclusions.oig.hhs.gov/search.html), and neither ____________________________ ____ , nor any of its principals or subcontractors has, within a

three-year period preceding this proposal, been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, falsification or destruction of records, making false statements, or receiving stolen property; are not presently indicted for or otherwise criminally or civilly charged by a government entity (federal, state, or local) with commission of any of the offenses; and have not, within a three-year period preceding this application/proposal, had one or more public transactions (federal, state, or local) terminated for cause or default.

Where the party is unable to certify to any of the statements in this certification, such party shall attach an explanation to this offer.

Where a party fails to submit and complete this certification, such party’s offer shall be determined to be an incomplete submission.

Business/Supplier/Independent Contractor/Individual

Name:Federal Tax ID No.:DUNS No.:Address:

By (individual or authorized representative)

Name (signed):Name (printed):Title:Date:

(name of supplier, independent contractor, or offering party)

(name of supplier, independent contractor, or offering party)

(name of supplier, independent contractor, or offering party)

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INTERLOCAL AGREEMENTFor Section 5307 Funding

This interlocal agreement (Agreement) is entered into by and between the City of Wichita, Kansas (“WICHITA”) and the City of Derby, Kansas (“DERBY”). Unique entity identifier for the City of Derby is 021367180.

WICHITA and DERBY both operate public transportation services within the WICHITA metropolitan area, and are committed to continuing such services in a cooperative and coordinated manner. The purpose of this Agreement is to provide for allocation of federal funds available under the Urban Mass Transportation Act of 1964 (“Act”) to provide on-going support to transit services provided by WICHITA and DERBY. It is therefore, mutually agreed as follows:

1. Term. The Agreement shall be effective upon execution by all parties hereto and shall be effective January 1st, 2020 terminating after receipt of final payment or December 31st, 2021, unless terminated earlier as allowed below.

2. Operations and Management. WICHITA and DERBY shall each be solely responsible for the separate operation and management of their respected public transportation systems. WICHITA and DERBY agree to act with due diligence and good faith in the exercise of the operation and management of their respective transit systems to comply with the terms of this Agreement and to work together in a mutually supportive manner to ensure the implementation of all provisions contained in this Agreement. WICHITA agrees to assist DERBY in set-up guidance for proper reimbursement and payout documents, and data submission. WICHITA will be responsible for scheduling an annual meeting with DERBY for review and future planning.

3. Allocation of FY2020 Section 5307 Funds. For FY2020, DERBY shall be designated by WICHITA to be a sub-grantee (pass-through) recipient to receive Section 5307 (CFDA 20.507, Federal Transit Formula Grants) funding from the Federal Transit Administration (FTA) for project administration,preventive maintenance and operating. The FTA Federal award identification number is KS-2020-012-00 and was awarded on July 27, 2020. Section 5307 funding requires all sub-grantee (pass-through) recipients to fund a percentage of the total cost as a local match. Total amount to DERBY is $78,350. The allocation anticipated from the FTA Section 5307 funds in FY2020 is $40,000, with a local match of $38,350. The total allocation for operating is $75,600 [federal portion $37,800, local match $37,800 (50%/50%)]; the total allocation for preventive maintenance is $2,750 [federal portion $2,200, local match $550 (80%/20%)].

4. Contact Information. The Federal awarding agency is FTA. Shannon Graves is the FTA contact. He can be reached at 816-329-3926 or Shannon.graves@dot.gov. City of Wichita (Wichita Transit) is the designated recipient of fund to be passed through to DERBY. Tonja Howard is the WICHITA contact and can be reached at 316-352-4807 or thoward@wichita.gov.

5. Application for Section 5307 Funding. WICHITA shall apply to the FTA for funding under Paragraph 3. The funds received by DERBY shall be matched at an appropriate percentage by local funds secured by DERBY and shall be available for use by DERBY, as its governing body deems appropriate within the FTA requirements, as set out in Exhibits C and D attached.

6. Carryover of Funds. Funds allocated to DERBY pursuant to Sections 4 and 5 may be carried over for a maximum of 2 years from start of federal fiscal year of grant, unless terminated earlier.

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7. Future Allocation of 5307 Funds. Based on the amount of carryover funds available and the availability of SECTION 5307 funds, DERBY may be subject to less apportionment than the $40,000 FTA portion available for allocation in a Fiscal Year. This will be determined during the annual planning meeting.

8. Compliance with Laws. WICHITA and DERBY hereby agree, in the performance of this Agreement, to comply with all applicable federal, state, and local laws, including specifically all relevant requirements of the Act, as appropriate, which may separately and individually apply to their respective jurisdictions.

9. Extension of Agreement. WICHITA and DERBY may extend this Agreement on a year-to-year basis with written approval of both parties. Funds are secured in the agreement year and subject to be spent within FTA requirements.

10. Establishment and Maintenance of Records. DERBY shall establish and maintain records as prescribed by WICHITA, with respect to all matters covered by this Agreement. Except as otherwise authorized by WICHITA, DERBY shall retain such financial and non-financial related records for a period of three (3) years after receipt of the final payment under this Agreement or termination of this Agreement for auditors or WICHITA. However, if any litigation, claim, negotiation, audit, oversight or other action involving the records has been started before the expiration of the three-year period, the records must be retained until the completion of the action and resolution of issues which arise from it or until the end of the regular three-year period, whichever is later.

11. Reports and Information. DERBY, at such times and in such forms as WICHITA or its designates and authorized representative(s) may require, shall furnish to WICHITA, the FTA, or their designated and authorized representative(s) such statements, records, reports, data, and information as they may request pertaining to matters covered by this Agreement.

12. Audits and Inspections. DERBY shall, at anytime, and as often as WICHITA may deem necessary, make available to WICHITA, or its designated and authorized representative(s), all of its records and data pertaining to matters covered by this Agreement for the purpose of making audits, oversights, examinations, excerpts, and transcriptions. DERBY is required to provide WICHITA with access to their single audit report.

13. Per §200.331 Requirements for pass-through entities, All pass-through entities must:(a) Ensure that every subaward is clearly identified to the subrecipient as a subaward and includes the

following information at the time of the subaward and if any of these data elements change, include the changes in subsequent subaward modification. When some of this information is not available, the pass-through entity must provide the best information available to describe the Federal award and subaward. Required information includes:

(1) Federal Award Identification.(i) Subrecipient name (which must match the name associated with its unique entity identifier);(ii) Subrecipient's unique entity identifier;(iii) Federal Award Identification Number (FAIN);(iv) Federal Award Date (see §200.39 Federal award date);(v) Subaward Period of Performance Start and End Date;(vi) Amount of Federal Funds Obligated by this action;(vii) Total Amount of Federal Funds Obligated to the subrecipient;(viii) Total Amount of the Federal Award;

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(ix) Federal award project description, as required to be responsive to the Federal Funding Accountability and Transparency Act (FFATA);

(x) Name of Federal awarding agency, pass-through entity, and contact information for awarding official,

(xi) CFDA Number and Name; the pass-through entity must identify the dollar amount made available under each Federal award and the CFDA number at time of disbursement;

(xii) Identification of whether the award is R&D; and(xiii) Indirect cost rate for the Federal award (including if the de minimis rate is charged per

§200.414 Indirect (F&A) costs).(2) All requirements imposed by the pass-through entity on the subrecipient so that the Federal

award is used in accordance with Federal statutes, regulations and the terms and conditions of the Federal award.

(3) Any additional requirements that the pass-through entity imposes on the subrecipient in order for the pass-through entity to meet its own responsibility to the Federal awarding agency including identification of any required financial and performance reports;

(4) An approved federally recognized indirect cost rate negotiated between the subrecipient and the Federal Government or, if no such rate exists, either a rate negotiated between the pass-through entity and the subrecipient (in compliance with this part), or a de minimis indirect cost rate as defined in §200.414 Indirect (F&A) costs, paragraph (f) of this part.

(5) A requirement that the subrecipient permit the pass-through entity and auditors to have access to the subrecipient's records and financial statements as necessary for the pass-through entity to meet the requirements of this part; and

(6) Appropriate terms and conditions concerning closeout of the subaward.(b) Evaluate each subrecipient's risk of noncompliance with Federal statutes, regulations, and the terms

and conditions of the subaward for purposes of determining the appropriate subrecipient monitoring described in paragraphs (d) and (e) of this section, which may include consideration of such factors as:

(1) The subrecipient's prior experience with the same or similar subawards;(2) The results of previous audits including whether or not the subrecipient receives a Single Audit

in accordance with Subpart F—Audit Requirements of this part, and the extent to which the same or similar subaward has been audited as a major program;

(3) Whether the subrecipient has new personnel or new or substantially changed systems; and(4) The extent and results of Federal awarding agency monitoring (e.g., if the subrecipient also

receives Federal awards directly from a Federal awarding agency).(c) Consider imposing specific subaward conditions upon a subrecipient if appropriate as described in

§200.207 Specific conditions.(d) Monitor the activities of the subrecipient as necessary to ensure that the subaward is used for

authorized purposes, in compliance with Federal statutes, regulations, and the terms and conditions of the subaward; and that subaward performance goals are achieved. Pass-through entity monitoring of the subrecipient must include:

(1) Reviewing financial and performance reports required by the pass-through entity.(2) Following-up and ensuring that the subrecipient takes timely and appropriate action on all

deficiencies pertaining to the Federal award provided to the subrecipient from the pass-through entity detected through audits, on-site reviews, and other means.

(3) Issuing a management decision for audit findings pertaining to the Federal award provided to the subrecipient from the pass-through entity as required by §200.521 Management decision.

(e) Depending upon the pass-through entity's assessment of risk posed by the subrecipient (as described in paragraph (b) of this section), the following monitoring tools may be useful for the pass-through entity to ensure proper accountability and compliance with program requirements and achievement of performance goals:

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(1) Providing subrecipients with training and technical assistance on program-related matters; and(2) Performing on-site reviews of the subrecipient's program operations;(3) Arranging for agreed-upon-procedures engagements as described in §200.425 Audit services.

(f) Verify that every subrecipient is audited as required by Subpart F—Audit Requirements of this part when it is expected that the subrecipient's Federal awards expended during the respective fiscal year equaled or exceeded the threshold set forth in §200.501 Audit requirements.

(g) Consider whether the results of the subrecipient's audits, on-site reviews, or other monitoring indicate conditions that necessitate adjustments to the pass-through entity's own records.

(h) Consider taking enforcement action against noncompliant subrecipients as described in §200.338 Remedies for noncompliance of this part and in program regulations.

[78 FR 78608, Dec. 26, 2013, as amended at 79 FR 75885, Dec. 19, 2014]

14. Discrimination.

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

B. DERBY further agrees to implement and comply with the “Revised Non-discrimination and Equal Employment Opportunity Statement” for contracts or Agreements as provided in Exhibit A attached hereto and to specifically comply with the requirements of the Americans with Disabilities Act of 1990, as amended.

15. Payments.

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

B. Total Payments. Total payments to DERBY will be in the contracted amount of $40,000.00 FTA portion for activities starting January 1, 2020, unless carryover money remains, then carryover money will be drawn down first. Payments will be made contingent upon the availability of FTA funds. KS-2019-012-00 has Pre-Award Authority allowing payments to be made as of the beginning term of this agreement.

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

16. Termination Clause. Whenever either of the parties hereto determines that termination of this Agreement is in such party’s best interest, then the Agreement may be terminated by giving written notification to the other party. A determination may include, but not be limited to:

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A. Failure of either party to comply with any or all items contained within Sections 1 through 15 of this Agreement, contract exhibits, and/or provisions of any subsequent contractual amendments executed relative to this Agreement;

B. This Agreement may be terminated if project funds to WICHITA under the grant are suspended or terminated;

C. Either party hereto may also, by giving thirty (30) days notice, terminate this Agreement for convenience;

D. Upon receipt of notice of termination, DERBY shall: (1) discontinue further commitments of contract funds to the extent they relate to the terminated portion of the Agreement; (2) promptly cancel all Agreements and/or orders to subcontractors utilizing funds under this Agreement; (3) submit, within a reasonable period of time to be specified by WICHITA, a cancellation settlement proposal which shall include a final statement for the Agreement, or reimbursement of unearned funds previously distributed.

17. Appendices. All exhibits referenced below and all amendments or mutually agreed upon modification(s) made by both parties are hereby incorporated as though fully set forth herein. In case of conflict in terms between this Agreement and Exhibit C, the terms of Exhibit C shall take precedence.

Exhibit A Nondiscrimination and Equal Employment Opportunity StatementExhibit B Scope of Services and Method of PaymentExhibit C Fiscal Year 2020 Certifications and Assurances for FTA Assistance ProgramsExhibit D FTA 2020 Master AgreementExhibit E Certification Regarding Debarment, Suspension, and Other Responsibility Matters

Primary Covered Transactions

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IN WITNESS WHEREOF, the parties have set their hands the day and year first above written.

CITY OF DERBY, KANSAS CITY OF WICHITA, KANSASBy order of the City Council By order of the City Council

_______________________________ __________________________________Randy White, Mayor Brandon Whipple, Mayor

APPROVED AS TO FORM: APPROVED AS TO FORM:

_______________________________ __________________________________Jacque Butler, City Attorney Jennifer Magana, Director of Law

ATTEST: ATTEST:

_______________________________ __________________________________Hillary Lawrence, City Clerk Karen Sublett, City Clerk

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Exhibit ANondiscrimination and Equal Employment Opportunity Statement

During the term of this Agreement, 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 Agreement, the contractor, subcontractor, vendor, or supplier of the City, or any of its agencies, shall comply with all 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 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 Agreement 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 o have breached this Agreement 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 Agreement, 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 Paragraph 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 Nondiscrimination – Equal Employment Opportunity/Affirmative Action Program Requirements:

1. The vendor, supplier, contractor or subcontractor shall practice nondiscrimination – 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.

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The vendor, supplier, contractor, or subcontractor shall submit and 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 the behalf of the vendor, supplier, contractor, or subcontractor, state that all qualified applicants will receive consideration for employment without regard to race, religion, color, sex, “disability, and age except where age is a bona fide occupational qualification”, national origin, or ancestry. In all solicitations or advertisements for employees the vendor, supplier, contractor, or subcontractor shall include the phrase, “Equal Opportunity Employer” or 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, contractor, or subcontractor fails to comply with the manner in which he/she or it reports to the City in accordance with the provisions hereof, the vendor, supplier, contractor, or subcontractor shall be deemed to have breached the present contract, purchase order, or Agreement and it may be canceled, terminated, or suspended in whole or in part by the City or its agency, and further civil rights complaints or investigations may be referred to the State;

4. The vendor, supplier, contractor, or subcontractor shall include the provisions of Subsection 1 through 3, inclusive, of this present section in every subcontract, sub-purchase order, or sub-Agreement so that such provisions will be binding upon each subcontractor, sub-vendor, or sub-supplier.

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 Agreement, 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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Exhibit BScope of Services and Method of Payment

The City of Derby will provide preventive maintenance, project administration and operating activities in support of general public transportation services in Derby, Kansas, under federal guidelines.

The amount of funds anticipated from the Federal Transit Administration Section 5307 grant in FY2020is $40,000. Total amount to DERBY is $78,350. The allocation anticipated from the FTA Section 5307 funds in FY2020 is $40,000, with a local match of $38,350. The total allocation for operating is $75,600 [federal portion $37,800, local match $37,800 (50%/50%)]; the total allocation for preventive maintenance is $2,750[federal portion $2,200, local match $550 (80%/20%)];

DERBY will submit an invoice for payment no later than 30 days after the end of each quarter. WICHITA will reimburse DERBY for the invoiced amount no later than 30 days after the invoice is received. A line item list of expenses must be attached to the invoice for WICHITA to examine and determine if all expenses are FTA eligible. Any ineligible costs will be rejected by WICHITA and DERBY must submit a revised invoice.

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Exhibit CFiscal Year 2020 Certifications and Assurances for FTA Assistance Programs

The 2020 Certifications and Assurances will be on file for review at Wichita Transit, 777 E. Waterman.

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Exhibit DFTA 2020 Master Agreement

UNITED STATES OF AMERICADEPARTMENT OF TRANSPORTATIONFEDERAL TRANSIT ADMINISTRATION

MASTER AGREEMENT

For Federal Transit Administration Agreements authorized by49 U.S.C. chapter 53 and Title 23, United States Code (Highways), as amended by,

the Fixing America’s Surface Transportation (FAST) Act,the Moving Ahead for Progress in the 21st Century Act (MAP-21),

the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU), the SAFETEA-LU Technical Corrections Act of 2008,

or other federal laws that FTA administers.

FTA MA (26) January 17, 2020

https://www.transit.dot.gov/sites/fta.dot.gov/files/docs/funding/grantee-resources/sample-fta-agreements/146621/changes-master-agreement-fy-2020.pdf

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Exhibit ECertification Regarding

Debarment, Suspension, and Other Responsibility MattersPrimary Covered Transactions

I certify, by agreement of this contract, that neither ____________________________________________ ___,

nor any of its principals or subcontractors with a price equaling or exceeding $25,000 to be awarded, that are a part of thisoffer is presently debarred, suspended, proposed for disbarment, declared ineligible, or voluntarily excluded from participation in Federal assistance programs or activities under Executive Order 12549 (Debarment and Suspension), and neither _________________________________ __ ___, nor any of its principals or subcontractors, is listed on the General Services Administration’s list of Parties Excluded from Federal Programs (available through the Internet at (http://epls.arnet.gov/servlet/EPLSSearchMain/1) and on the HHS/OIG List of Excluded Individuals/Entities (available through the Internet at http://exclusions.oig.hhs.gov/search.html), and neither ____________________________ ____ , nor any of its principals or subcontractors has, within a

three-year period preceding this proposal, been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, falsification or destruction of records, making false statements, or receiving stolen property; are not presently indicted for or otherwise criminally or civilly charged by a government entity (federal, state, or local) with commission of any of the offenses; and have not, within a three-year period preceding this application/proposal, had one or more public transactions (federal, state, or local) terminated for cause or default.

Where the party is unable to certify to any of the statements in this certification, such party shall attach an explanation to this offer.

Where a party fails to submit and complete this certification, such party’s offer shall be determined to be an incomplete submission.

Business/Supplier/Independent Contractor/Individual

Name:Federal Tax ID No.:DUNS No.:Address:

By (individual or authorized representative)

Name (signed):Name (printed):Title:Date:

(name of supplier, independent contractor, or offering party)

(name of supplier, independent contractor, or offering party)

(name of supplier, independent contractor, or offering party)

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Agenda Item No. II-7

City of WichitaCity Council Meeting

August 11, 2021

TO: Mayor and City Council

SUBJECT: 2021 State Edward Byrne Memorial Justice Assistance Grant (JAG)

INITIATED BY: Wichita Police Department

AGENDA: Consent

Recommendation: Approve the 2021 Justice Assistance Grant (JAG) application and authorize the necessary signatures if awarded.

Background: The 2021 Federal Edward Byrne Memorial JAG is administered by the Kansas Criminal Justice Coordinating Council (KCJCC) through the Kansas Governor’s Grants Program (KGGP). The Wichita Police Department (WPD) officially applied for the 2021 Byrne JAG grant, which was due July 14, 2020. The request for this grant is to improve the Wichita Police Department’s Public Safety program.

The WPD has requested community engagement funding to create a Hispanic and African American Youth Citizens Police Academy, car seats, and funding for See Something Know Something Say Something Hispanic and African American programs. Additionally, funding has been requested to support Law Enforcement initiatives with the requests of a YellowScan Lidar System, IBM i2 Analyst Notebook subscription, mounted pole cameras, ballistic vests, and helmets, expandable pole cameras, day and night vision binoculars and AXON body-worn cameras for the K-9 unit.

To continue the momentum of the See Something program, the WPD will use grant funding to contract an individual who will monitor all calls to the See Something, Say Something Hotline. There are two hotlines, one for the African American community and one for the Hispanic community. The two contracted hirees will create and distribute flyers as needed, and act as a coordinator for any promotional events or meetings. These positions will serve as a liaison between WPD and the citizens of the African American and Hispanic communities in Wichita to bridge the gaps of communication, understanding, and trust.

The Youth Citizens Police Academy (YCPA) for Young Men will be a youth program to encourage and light sparks in the minds of young African American and Hispanic males in the Wichita Community. The focus will be on middle school-age youth while they are still in the transitional formation of their emotions and character. The central theme will be to focus on African American and Hispanic role models within the WPD and enhance the presentations by bringing in African American and Hispanic City officials. These officials are leaders with successful careers that are uplifted by the people around them. Awarded funding will supply the necessary funds to run the program six times throughout the next year.

The Car Seat program is an add on to our existing “Fix-It Ticket” voucher within the 67214 zip code, which is a City of Wichita designated qualified opportunity zone. The WPD wants to continue to build upon this program by issuing car seats to individuals of social and economical low incomes who are challenged with the cost of purchasing a car seat.

The IBM i2 Analyst Notebook software allows crime analysts to graphically display information in a chart format and uncover relationships between persons, gang associations, locations, vehicles, guns, etc.

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that may not be apparent when reading cases. This will allow the crime analysts to simplify what seem like complex connections between hundreds of thousands of entities, and isolate/show relevant variables between entities.

The YellowScan Surveyor is suited to high-speed UAVs and long-range needs with its high-density specs. It gets mounted on the WPD drone and is fitted for under vegetation 3D modeling and has fast data processing. The scanner will allow WPD to search areas for missing persons, evidence recovery and identification, identify unmarked dump sites, homeless encampments, and take minutes to clear large areas with a fraction of personnel currently required.

The WPD Community Response Teams (CRT) in each patrol bureau all have expired entry vests and helmets. Lifespans of the vests and helmets come with a five-year manufacturer warranty and expiration date. We have requested 16 vests and 16 helmets.

WPD wants each patrol station to purchase an expandable pole camera with approved grant funding.With very little training, officers will be able to utilize the camera to look for possible ambush situations or people hiding in dangerous locations, and the K-9 unit will be able to use these cameras without putting themselves or their dogs in jeopardy. WPD has requested four units.

The Day/Night Vision binoculars will be utilized on a variety of investigations such as missing persons to include runaways, older citizens, and others that might be suffering from a mental health crisis. They will also be useful in assisting in locating evidence at the scene of violent crimes such as drive-by shootings.As noted, the binoculars could be used on a myriad of investigations to include drug investigations as they will be useful in surveillance operations. WPD has requested 10 sets.

Pole Cameras are outdoor video surveillance equipment developed specifically for law enforcement. This type of equipment enhances the safety of our community by allowing police investigators to target hot spots for criminal and nuisance activity as well as gather evidence for effective prosecutions. The WPD has used them during the Wichita River Festival to monitor crowds as well as during the NCAA Men’s Basketball Tournament. They allow real-time viewing for large scale events as well as recording devices on problematic complaint houses. We have requested four cameras.

Analysis: The WPD’s Community Prevention and Law Enforcement Programs for the 2021 State JAG adheres to the Kansas Statewide Strategic Plan.

Financial Considerations: The total funding requested is $277,776. There is no match required for this grant and the period to begin is October 1, 2020 to September 30, 2021.

Legal Considerations: Due to the compressed timeframe, staff submitted an application for this grant with the approval of the City Manager as allowed under Administrative Regulation 2.4.

Recommendations/Actions: It is recommended the City Council approve the grant application and authorize the necessary signatures if awarded.

Attachment: None.

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Agenda Item No. II-8City of Wichita

City Council MeetingAugust 11, 2020

TO: Mayor and City Council

SUBJECT: 2020 Federal Justice Assistance Local Grant (JAG)

INITIATED BY: Wichita Police Department

AGENDA: Consent_____________________________________________________________________________________

Recommendation: Approve the Memorandum of Understanding between the City of Wichita and Sedgwick County.

Background: The City of Wichita Police Department and Sedgwick County Sheriff’s Office received notification they are eligible to receive 2020 Edward Byrne Memorial Justice Assistance Grant (JAG) funding. The total JAG award is $370,543. The allocations established by the Bureau of Justice Assistance are $185,271.50 to the City of Wichita, and $185,271.50 to Sedgwick County. The application is due August 19, 2020.

The Edward J. Byrne Memorial JAG Program is the primary provider of Federal criminal justice funding to state and local jurisdictions. JAG funds support all components of the criminal justice system, from multi-jurisdictional drug and gang task forces to crime prevention and domestic violence programs, courts, corrections, treatment, and justice information sharing initiatives.

JAG funds can be used for state and local initiatives, technical assistance, training personnel, equipment, supplies, contractual support, and information systems for criminal justice for any of the following categories:

Law enforcement programs; Prosecution and courts programs; Prevention and education programs; Corrections and community corrections programs; Drug treatment and enforcement programs; Planning, evaluation, and technology improvement programs; Crime victim and witness programs (other than compensation).

Analysis: The Wichita Police Department will use its share of the JAG funding for law enforcement purposes to ensure professional public safety. Under the City of Wichita’s Safe and Secure Initiative, the funding will help ensure the Police Department can continue its emphasis on the community policing philosophy.

Police Equipment $15,000Police outreach programs (Youth athletic and tutoring programs) $62,000Vehicle rentals $10,000Police Training $40,000New Police Facility Needs $58,271.50Total $185,271.50

Financial Considerations: The City of Wichita will receive $185,271.50 in 2020 JAG funding. There is no local match requirement.

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Legal Considerations: The required Memorandum of Understanding has been reviewed by the Law Department and approved as to form.

Recommendations/Actions: It is recommended that the City Council approve the Memorandum of Understanding and authorize the necessary signatures.

Attachment: Memorandum of Understanding between the City of Wichita and Sedgwick County.

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GMS APPLICATION NUMBER: 2020-H7375-KS-DJ (Mandatory)

COUNTY CLERK CONTRACT NO. __ _

AGREEMENT BETWEEN SEDGWICK COUNTY, KANSAS AND THE CITY OF WICHITA

2020 BYRNE JUSTICE ASSISTANCE GRANT (JAG) PROGRAM AWARD

This Agreement is made and entered into this _ ._day of , 2020, by and between Sedgwick County, Kansas, acting by and through its governing body, the Board of County Commissioners, hereinafter referred to as COUNTY, and the City of Wichita, acting by and through its governing body, the City Council, hereinafter referred to as CITY, both of Sedgwick County, State of Kansas. '

Witnesseth:

WHEREAS, this Agreement is made under the authority of K.S.A. 12-2908, et seq; and

WHEREAS, each governing body, in performing governmental functions or in paying for the performance of governmental functions hereunder, shall make that performance or those payments from current revenues legally available to that party; and

WHEREAS, each governing body finds that the performance of this Agreement is in the best interests of both parties, that the undertaking will benefit the public, and that the division of costs fairly compensates the performing party for the services or functions under this agreement; and

WHEREAS, the COUNTY, JAG Grantee, agrees to provide the CITY, JAG Subgrantee, $185,271.00 from the JAG award for the Community Policing 2020 Program; and

WHEREAS, the CITY and COUNTY believe it to be in their best interests to reallocate the JAG funds.

NOW THEREFORE, the COUNTY and CITY agree as follows:

Section 1. COUNTY agrees to pay CITY a total of $185,271 .00 of JAG funds.

Section 2. CITY agrees to use $185,271.00 for the Community Policing 2020 Program until 9-30-2023 and in so doing will comply with all requirements of the JAG Grant Program including any Special Conditions issued at the time of award .

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GMS APPLICATION NUMBER: 2020-H7375-KS-DJ (Mandatory)

Section 3. Nothing in the performance of this Agreement shall impose any liability for claims against COUNTY other than claims for which liability may be imposed by the Kansas Tort Claims Act.

Section 4. Nothing in the performance of this Agreement shall impose any liability for claims against CITY other than claims for which liability may be imposed by the Kansas Tort Claims Act.

Section 5. Each party to this Agreement will be responsible for its own actions in providing services under this Agreement and shall not be liable for any civil liability that may arise from the furnishing of the services by the other party.

Section 6. The parties to this Agreement do not intend for any third party to obtain a right by virtue of this Agreement.

Section 7. By entering into this Agreement, the parties do not intend to create any obligations express or implied other than those set out herein; further, this Agreement shall not create any rights in any party not a signatory hereto.

[REMAINING PORTION OF PAGE INTENTIONALLY LEFT BLANK]

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GMS APPLICATION NUMBER: 2020-H7375-KS-DJ (Mandatory)

ATIEST: SEDGWICK COUNTY, KANSAS

KELLY ARNOLD Peter F. Meitzner, Chairman County Clerk County Commissioner, First District

APPROVED AS TO FORM:

KAREN L. POWELL Deputy County Counselor

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GMS APPLICATION NUMBER: 2020-H7375-KS-DJ

ATTEST:

KAREN SUBLETT City Clerk

APPROVED AS TO FORM:

(Mandatory)

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CITY OF WICHITA, KANSAS

Brandon Whipple, Mayor

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Agenda Item No. II-9

City of WichitaCity Council Meeting

August 11, 2020

TO: Mayor and City Council

SUBJECT: 2021 Victims of Crime Act (VOCA) Continuation Grant

INITIATED BY: Wichita Police Department

AGENDA: Consent

Recommendation: Authorize the grant submission and acceptance once awarded.

Background: The Wichita Police Department (WPD) has received Victims of Crime Act (VOCA)funding since 2002 to support victim advocacy and related services. For the period beginning October 1, 2020 to September 30, 2021 the State of Kansas received funds to the VOCA grant program, which will be used directly for victim services.

Analysis: The primary grant funding request is to maintain the two Victim Advocate employees and the established victim services they provide during the initial impact of trauma.

Financial Considerations: WPD has submitted for $219,814 in funding. Eighty percent of the requested amount ($175,851) will be provided from VOCA funding, and 20 percent ($43,963) will be provided by a local match, which is allocated within the Police Department budget.

Legal Considerations: If awarded, the Law Department will review the application.

Recommendations/Actions: It is recommended that the City Council approve the 2021 VOCA grant submission and authorize the necessary signatures upon award.

Attachment: None.

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Agenda Item No. II-10

City of WichitaCity Council Meeting

August 11, 2020

TO: Mayor and City Council

SUBJECT: Grant Application to US Department of Commerce, Economic Development Administration

INITIATED BY: Economic Development

AGENDA: Consent____________________________________________________________________________________

Recommendation: Approve the grant application and authorize the necessary signatures.

Background: The CARES Act was enacted into law on March 27, 2020, in response to the widespread community and economic impact caused by the COVID-19 pandemic. The CARES Act includes $1.5 billion for the Economic Development Administration (EDA) to administer grants through its established Economic Adjustment Assistance (EAA) program. Although additional EDA programs support the agency’s mission, the EAA is used for economic development activities that address ongoing economic distress or a sudden and severe dislocation, including disasters or emergencies.

In March 2020, the COVID-19 Pandemic impacted the Wichita community. The impacts from the pandemic have been multifaceted – impacting individuals, businesses, neighborhoods and more. Recent estimates indicate that Wichita has experienced more than 50,000 in jobs losses since the start of the pandemic. Applications for EDA funding can be submitted by public agencies as well as private groups but must be submitted to the EDA through entities like Indian tribes, state and local governments as well as higher institutions.

Analysis: Staff has been working with the Greater Wichita Partnership, Kansas Workforce, WSU Tech, WSU, REAP, the Chamber and others to determine how the region could identify public and or private projects that could be eligible for EDA funding. One of the challenges of the EDA CARES program is the short window for projects to expend any funds provided by EDA. Unfortunately, that has eliminated any City projects and greatly restricted the other partners. However, the City and its partners will continue to monitor the CARES ACT and future funding opportunities that may arise from future federal stimulus funding. The committee has identified a list of projects and priorities (see attached) to focus on in the coming years in an effort to assist in the economic recovery of Wichita.

The grant request submitted for consideration has been recommended by the committee and is for the redevelopment of the former refinery area located in the 21st Street and I-135 area. This area presently has old refinery structures, failing or lacking infrastructure and poor transportation access. The private developer intends to redevelop the 120 acre site into a mixture of industrial and office space utilizing the value of being adjacent to interstate I-135. The grant request they are submitting to EDA is for assistance in critical sewer, water, streets and storm water improvements totaling approximately $5M. There is no City financial assistance tied to the grant request.

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The City and the committee believe that the site is an excellent location due it’s proximately to I-135. Presently, Wichita lacks larger tracts of land or industrial spaces along the interstate system which significantly impacts the City’s and region’s ability to attract new investment. Additionally, the committee believes that the future businesses that locate within the development will provide much needed job opportunities to the residents in the adjacent areas. This development is adjacent to one of the City’s Opportunity Zones. WSU completed a jobs project study on the proposed development and estimates about 400 direct jobs would be created. Based on the size of the development and potential building sites, we believe the impact will be far greater at full build out.

Financial Considerations: The project does not include any City funding or financial commitments. Any funding responsibilities are those of the applicant. The City is facilitating the applicant grant application per EDA requirement.

Legal Considerations: None

Recommendations/Actions: It is recommended that the City Council approve submission of the grant application, and authorize the necessary signatures on the grant application.

Attachment: EDA Application Executive SummaryI135ict Conceptual Site PlanWichita Regional Economic Recovery document

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ED-900 – GA- Executive Summary

B.1. Provide a geographical definition of the region to be served by the investment (project), including the specific geographic location of the project within the region.

B.1 Response

The project is known as 21st Street North Improvement Project (21st) and onegeographical definition of the region served by 21st is known as the Wichita Region. The region consists of the City of Wichita, Kansas, including Butler, Cowley, Harper, Harvey, Kingman, Marion, McPherson, Reno, Sedgwick, and Sumner Counties.

Specifically, 21st is located west of Interstate 135 (I-135) at 21st Street North in Wichita, Sedgwick County, Kansas. 21st Street North bisects i21st and the Union Pacific Railroad has access to the site on the east via a railroad spur.

21st also serves a private development that is occurring the former Derby Refinery, which began operations in 1920 as Derby Oil Company. Refinery operations were discontinued in 1993 and the refinery was completely demolished in 2009. No economic activity has occurred on the former refinery site since 2004, and the 21st location deteriorated into blight. The property on the north and south sides of 21st are zoned for General Industrial use and this property is the last developable General Industrial zoned property in the Wichita downtown corridor left and adjacent to a Qualified Opportunity Zone.

The Wichita Region is unique in its size and scope. The Wichita Region consists of many smaller towns that play vital roles in the region. There is a spirit of cooperation in the Wichita Region by everyone to maximize the economic impact for all. The four challenges of the business cycle, entrepreneurship, human capital, and perception are vital to the success of the Wichita Region. 21st maximizes all four factors in one location.

Additionally, the South Central Kansas Economic Development District (SCKEDD) published the 2017 Comprehensive Economic Development Strategy (CEDS) in 2017. SCKEDD serves the following fourteen Kansas Counties, Butler, Chautaqua, Cowley, Elk, Harper, Harvey, Greenwood, Kingman, Marion, McPherson, Rice, Reno, Sedgwick, and Sumner. This is 13% of the counties for the State of Kansas. All of these counties are served by i21st.

SCKEDD is a blend of small rural communities, country towns, and urban municipalities, surrounding a major metropolitan city. SCKEDD is 13,287 square miles and home to 810,157 residents, 459,437 of which reside in the Wichita area. As stated by SCKEDD, “The economic fortunes of the many surrounding communities, located within urban counties in close geographical proximity to Sedgwick County are heavily influenced by the City of Wichita, which is the primary economic driver in the District.”

Each of the counties have estimated census numbers for 2019 as follows:Butler 66,911Chautaqua 3,250Cowley 34,908

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Elk 2,530Harper 5,436Harvey 34,492Greenwood 5,982Kingman 7,152Marion 11,884McPherson 28,542Rice 9,537Reno 61,998Sedgwick 516,042Sumner 22,836

Each of these counties are located within a 60 minute commute to 21st.

B.2. Describe and outline the scope of work for the proposed EDA investment, including a list of tasks to be undertaken.Discuss opportunity zone herePlace in census tract.Qualified Opportunity Zone (Census Tract: X) – Add in census tract and Qualified Opportunity Zone as an attachment.

B.2 Response

The project involves the expansion of 21st Street North and the expansion of infrastructure of 21 Street North, between Mosley Street and I-135. 21st Street North will be improved and widened from I-135 west to Mosley Street. The proposed infrastructure project includes site clearing and restoration, removal of existing structures, new concrete pavement, curbing, and inlets, along with pavement marking and signing. New York Street will be vacated from 21st Street North, north to a point where it intersects with the new street constructed through the middle of the privately owned property from 21st Street North. The new street will run north and south through the middle of the privately owned property on the north and south sides of 21st Street North. The new street will connect at its northernmost point to the existing New York Street and at its southernmost point to 19th Street North. The new street will include concrete pavement, piping, concrete curbing and inlets, erosion, mass grading, and removal of existing pavement and structures. Additionally, the sanitary sewer system at the private property will be relocated, new water lines will be installed, and new electrical services will be installed. (see attachment B.2.1).

The project borders an Qualified Opportunity Zone in Census Tract 20173000400. (See attachment B.2.2). This Qualified Opportunity Zone encompasses Downtown Wichita, Kansas. There are a number of businesses in the Qualified Opportunity Zone that do not have a suitable access point to I-135. The project will provide that access point. Traffic to and from the Qualified Opportunity Zone can traverse 21st Street North and access I-135. Many of these company require semi-truck traffic to ship and receive materials, goods, and supplies. The project will provide a significantly more robust avenue for these vehicles to access the companies in the Qualified Opportunity Zone. Access to the Qualified Opportunity Zone is tremendously more efficient and safer after the completion of the project.

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The project will spur development in a blight area of Wichita and create 399 jobs in the process, and possibly another 800 indirect positions from the resulting economic activity COVID-19 has had a devastating impact on the region. Beginning March 19, 2020, The Wichita Business Journal noted business closures in every workforce sector in the region. On March 25, 2020, Kansas Governor Laura Kelly issued a stay-at-home order, which closed all non-essential businesses. Unemployment in Sedgwick County alone rose to 18.7%. Additionally, in May 2020, one of the largest commercial real estate firms in the world, CBRE, highlighted Wichita as the highest impacted metropolitan area in the “Second-Wave” of economic recovery from the COVID crisis. Their report “Anticipating a Changing Landscape in the Workforce” shows over 30 percent of total regional employment being negatively impacted by the virus.

21st will consist of advanced manufacturing, a travel center and truck stop, construction services, and a logistics terminal. 21st will restore an economic footprint to 130 acres of the Wichita Region that has been devoid of any economic prosperity for more than 16 years. It is anticipated that 21st will employ 399 persons at approximately $26,290,378.68 in compensation annually.

B.3. Economic Development NeedsB.3.a. Does the region in which the project will be located have a ComprehensiveEconomic Development Strategy (CEDS)?If Yes, what is the source?

B.3.a. Response

In 1972, The U.S. Economic Development Administration established the South Central Kansas Economic Development District (SCKEDD),www.sckedd.org, to bring together local communities and advocate economic growth in south central Kansas. SCKEDD serves fourteen counties, including Butler, Chautauqua, Cowley, Elk, Harper, Harvey, Greenwood, Kingman, Marion, McPherson, Rice, Reno, Sedgwick, and Sumner. SCKEDD is governed by a Board of Directors individually appointed by their respective member county Commissioners.

The 2017 Comprehensive Economic Development Strategy (CEDS) provides SCKEDD a strategic regional framework for implementing defined collaborative strategies to advance, expand and develop key economic development programs and services to achieve greater economic prosperity in the area served by SCKEDD. SCKEDD applies the CEDS as an effective economic development planning tool to engage community leaders, involve private sector and public organizations, and establish a collaborative strategic framework for regional economic prosperity. The effective employment of the CEDS further enriches SCKEDD’s efforts to inspire, cultivate, enhance and improve the economic vitality, community infrastructure, and housing quality within our region. The 2017 CEDS report is designed to build organizational capacity and guide economic growth and resiliency in the District. Key data and information was solicited from a broad range of local and regional public municipalities, private sector industries, partner economic development organizations, educational institutions, and civic groups throughout the fourteen county area served by SCKEDD. Utilizing key data and

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assembled information the 2017 CEDS report identifies regional economic issues, outlines SCKEDD’s projects and scope of work, establishes SCKEDD’s goals and objectives, and sets measurable metrics to evaluate regional economic success.

Additionally, the Regional Growth Plan, an economic strategy for the greater Wichita region, is an economic strategy to grow the greater Wichita region’s economy, attract new business, and expand existing industries. This strategy is led by the Greater Wichita Partnership, with a goal of prioritizing efforts to grow the economy led to the hiring of global economic research firm Market Street Services. Based on the extensive analysis of the greater Wichita region’s economic composition and assets, seven target sectors were selected for the community to pursue. The seven target sectors are: Advanced Manufacturing and Materials, Aerospace, Agriculture, Healthcare, IT Systems and Support, Oil and Gas, and Transportation and Logistics. The Regional Growth Plan also outlines 5 high-level, strategic pillars that serve as foundational focal point, creating the necessary environment to remove barriers and promote growth within the seven target sectors. The five strategic pillars include: robust talent development pipeline, growth-supportive existing business efforts, high-impact branding, marketing, and attraction, targeted innovation development, and catalytic infrastructure. Specifically, this application would address needed investments in “catalytic infrastructure” and significantly expand the region’s ability to grow the “Advanced manufacturing”, “Aerospace”, and “Transportation and Logistics” industry sectors.

B.3.b. Describe the economic conditions of your region. Define the economic development need to be addressed by the proposed EDA investment and explain how the proposed investment will address that need.

B.3.b Response

In January, 2020, Wichita’s largest employer, Spirit AeroSystems announced 2,800 lay-offs for employees in Wichita. In May, 2020, Spirit AeroSystems announced another 1,450 lay-offs for employees in Wichita. For April, 2020, Sedgwick County, Kansas’s unemployment rate was 18.7%. For the other counties in the Wichita Region, the unemployment numbers were as follows for April, 2020: Butler (14.5%), Cowley (14.1%),Harper (6.0%), Harvey (11.2%), Kingman (9.7%), Marion (7.6%), McPherson (5.8%), Reno (10.2%), and Sumner (17.5%). These unemployment numbers are increased for the year with the lowest increase in Harper County at 3.9% and the highest increase in Sedgwick County at 15.6%.

SCKEDD identified 31,110 households in South Central Kansas with the average household consisting of 2.57 people. The median age for South Central Kansas is 37.95 years with an age dependency ratio of 69.24%. Median household income in South Central Kansas is $54,991, with a per capita income of $26,216.

21st will provide employment for 399 individuals with a collective annual employment compensation of $26,290,378.68. This averages to $65,890.67 in annual compensation for each of the 399 individuals 21st will employ. Therefore, 21st will provide employment compensation greater than the median household income in South Central Kansas. 21st

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will also add $172,569,633 annual industry sales to the South Central Kansas economy. Furthermore, when analyzing the indirect effect and the induced effect of 21st, the total labor income increases to $51,829,276 over 810 jobs. That is $79,105,482 in value added dollars contributed to the South Central Kansas region. All of this amounts to $172,569,633 in annual industry sales for the South Central Kansas region.

The region has been devastated by COVID-19 with job losses. According to Jeremy Hill, Director of Wichita State University’s Center for Economic Development and Business Research (CEDBR), Wichita will lose 14.6 percent, or 44,000 of its jobs by the end of 2020. (Wichita Business Journal, Employment forecast: Covid-19’s effects could mean 44K lost Wichita jobs, May 7, 2020). These numbers are almost double the lost jobs during the recession of 2008-2010. Sedgwick County, Kansas residents alone filed more than 67,000 unemployment claims from March 21 to May 2 according to the article. The article also states that CEDBR also projects a 26.1% drop in manufacturing jobs.

CEDBR based these projections on a theory of declining jobs in 2020 Quarter 2, followed by a rebound of jobs in 2020 Quarter 3 and Quarter 4. (Center for Economic Development and Business Research, https://www.cedbr.org/forecast-blog, May 5, 2020). This forecast was based primarily on the belief that COVID-19 infections would peak in the second quarter of 2020. We are currently in quarter three of 2020, and we are seeing a tremendous peak in COVID-19 infections now, more than we saw in the second quarter. Additional stay-at-home orders or certain restrictions placed on the region due to the current spike in COVID-19 infections exacerbates CEDBR’s predictions to devastation levels. The region could very well see catastrophic levels of job loss if the current spike in COVID-19 infections persists.

Spirit AeroSystems, Inc. (Spirit), is Wichita, Kansas’ largest employer. Spirit employed 12,000 individuals on July 7, 2018, according to the Wichita Business Journal. On May 1, 2020, the Wichita Business Journal reports that Spirit issued Worker Adjustment and Retraining Notifications Act notices to 1,450 hourly and salaried workers in Wichita. These jobs were lost because of the lost production resulting from COVID0-19 and these workers began leaving Spirit on May 15, 2020. These layoffs come on the heels of 2,800 Spirit layoffs in January, 2020, as a result of the troubled Boeing 737 Max aircraft grounding. The Boeing Co., (Boeing) is Spirit’s largest customer. Boeing announced significant production cuts because of the anticipated COVID-19 impact the week of May 1, 2020. Boeing accounts for 80% of Spirit’s annual sales and drives the vast majority of the work performed by Spirit in Wichita. Airbus, Spirit’s second largest customer cut its commercial production by about one third. COVID-19 has devastated the regional economy. After these layoffs, Spirit will now only employ around 9,000 people. COVID-19 has decimated Wichita’s largest employer by 25%. The recent spikes in COVID-19 cases in Sedgwick County can very well increase this devastation. The region faces significantly larger catastrophic jobs losses by the end of 2020.

SCKEDD’s fourth goal is to build effective regional economic development partnerships. The project more than satisfies this goal by improving the adjacent Qualified Opportunity Zone, providing critical infrastructure to a blighted area of the region, which then turns the blighted area into a state of the art industrial center with 399 jobs and $172,569,633 in annual sales to the region. The project allows each participating entity to leverage their

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assets to spur economic development and stimulate entrepreneurial activity for the collective advancement or prosperity in the region.

B.4. Applicant’s Capability

Briefly describe the applicant’s capability to administer, implement, and maintain the project.

Applicant routinely administers and implements road and infrastructure construction projects. This project reflects those other road and infrastructure projects the Applicant routinely administers. The Applicant will review all construction documents, provide theavenue for open bidding on the work to be performed, and provide inspectors to make sure all work is performed pursuant to the construction documents and budget. The City does not have any current EDA grants.

B.5. List and describe the strategic partners and organizations to be engaged in this project

R.R.M. Properties, L.L.C. (RRM), a private partner, owns real estate the project will benefit. The relocated New York Street will bisect RRM’s property on the north side of 21st Street North. RRM will sell their property, or build to suit and lease their property to advanced manufacturing, construction services, warehousing, and truck stop/travel plaza. RRM also owns the real estate on the south side of 21st Street North where it will sell the property, or build to suit and lease the property to the above listed industries.RRM’s activities will primarily drive the economic growth for 21st.

The Greater Wichita Partnership (GWP), author of the Regional Growth Plan, which provided economic information for this application is a tremendous supporter of the project. GWP received multiple inquiries from businesses interested in the Wichita Region and assists developers and real estate brokers and agents placing these inquiries in the Wichita Region. GWP has discussed the project and the private development with numerous businesses and real estate professionals over the last three years. GWP routinely requests development information from RRM for presentations and recently placed the private development in its Economic Recovery Plan dated April 23, 2020.

GWP worked with the Wichita Chamber of Commerce, the Applicant, Sedgwick County, Workforce Alliance, Wichita State University, and Regional Economic Area Partnership to formulate a joint letter of support for the project. (See attachment B.5). Each believesthe project is vital to the economic growth of the Wichita Region. Not only is the projectvital, it is detrimental to the economic prosperity of the Wichita Region not to have the project.

GWP understands that the Wichita Region loses a tremendous amount of advanced manufacturing jobs because of its lack of centrally located, General Industry Zone, developable property. Completion of the project and the private development allows GWP to attract otherwise dis-interested businesses to relocate to the Wichita Region because we now have a tremendous asset to provide.

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B.6. Describe the investment (project) impact and fit with EDA funding priorities

EDA Funding Priority Number 5. Opportunity Zones: 21st directly benefits the adjacent Qualified Opportunity Zone. A significant portion of 21st is the improvement of 21st Street North from the intersection at Mosley Street, east to I-135. The intersection at 21st Street North and Mosley Street would be widened to accommodate semi-truck traffic turning and a traffic signal would be installed at the project providing access to the north and south sides of the project (see Attachment B.6.1). Cargill, one of the major employers in the adjacent Qualified Opportunity Zone, located at Mosley and 13th Street North, relies on a significant amount of semi traffic to supply the raw materials it needs for its production. Many of these vehicles enter and exit Cargill by utilizing 21st Street North and currently they have an extremely difficult time entering and exiting 21st Street North from Mosley. The turn at that intersection is simply to narrow and because at least one building does not have any setback, these vehicles constantly drive over the curbs and hit the turn signal poles. By improving 21st Street North, and the respective intersections, many other businesses in the Qualified Opportunity Zone, utilizing semi-trucks, benefits from 21st. Additionally, contract negotiations have commenced with Kwik Shop for a truck stop/travel plaza in the project on the north side of 21st Street North. This would be the only truck stop/travel plaza along I-135 in the greater Wichita area. With this addition, many of the semi-trucks providing goods and services to the Qualified Opportunity Zone would stop for fuel, food, and rest, thus providing additional benefit to the Qualified Opportunity Zone. This improved accessibility to the Qualified Opportunity Zone provides the ability for the Qualified Opportunity Zone to reach its full potential because investors in the Qualified Opportunity Zone no longer consider access an issue. 21st fulfills the requirement of benefitting the nearby Qualified Opportunity Zone.

EDA Funding Priority Number 2. Critical Infrastructure: 21st is a former refinery. It has been blighted for many years and 21st will become a prosperous industrial district. As can be seen in the attached Economic Impact Study from the Center for Economic Development and Business Research at Wichita State University (Impact Study) (See Attachment B.6.2), 21st adds a substantial amount of direct employment compensation to the area. Furthermore, the income is significantly larger when we look at the indirect and induced effect of 21st on the area. 21st fulfills the requirement of establishing the fundamental building blocks of a prosperous and innovation-centric economy and secure platform for American business. With the advanced manufacturing, construction services, warehousing, and truck stop/travel plaza, 21st is the building block of this area and significantly improves and enhances the greater economic area.

EDA Funding Priority Number 4. Exports & FDI: 21st has superb access to I-135 for exports and imports, via semi-truck throughout North America. 21st’s rail access with the Union Pacific Railroad provides shipments and receipt of products to and from any rail serviced location in North America. 21st’s central location with interstate highway and rail access will attract significant foreign investment, not only to 21st, but to the greater Wichita area. The 21st site has not contributed to the economic prosperity of Wichita since 2004. Prior to that, however, the 21st site was an economic contributor for 84 years. 21stfulfills the requirement of primarily being an infrastructure project that enhances community assets to support growth in U.S. exports and increased foreign direct investment.

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21st fulfills three out of the five EDA investment priorities to qualify for FY20 PWEAA NOFO and significantly strengthens Wichita’s foreign and domestic economic growth.

B.7. Identify the proposed time schedule for the project

Applicant would like to begin 21st immediately. GWP indicates that it receives inquiries for developable properties the size of 21st regularly. Without developable real estate to present, GWP believes the Wichita Region loses many beneficial companies that would provide a significant economic benefit. Time is really of the essence on 21st, and particularly in these current economic times. 21st will provide quality jobs for Wichita residents and those quality jobs are needed immediately.

The applicant is now aware of any issues that would affect the implementation of the project.

B.8. Economic impacts of the projectB.8.a. Please describe the economic impacts of the project:

The project creates hundreds of competitively compensated jobs for the region. The project also supplements a private development that will add a tremendous amount of tax revenue for the region. Of the 399 jobs created, the breakdown of jobs and their respective annual compensation per NAICS codes will be as follows:

Number of Jobs NAICS code Annual Compensation235 333249 $18,335,044.1534 447110 $936,382.0750 484110 $2,536,992.3380 237990 $4,481,960.13399 $26,290,378.68

(See attachment B.8.a)

The jobs created by the project will compensate the workers in excess of the mean annual wages according to the Bureau of Labor Statistics website. The project will infuse the region economy with much needed revenue to weather the COVID-19 storm we are currently embroiled in. Each of the above NAICS code jobs can be categorized into the Bureau of Labor Statistics website categories. Each category of the project created jobs exceeds the mean hourly or annual wage listed by on the Bureau of Labor Statistic’s website for the May, 2019, Occupational Employment and Wages in Wichita website.

For the jobs the project will create, 235 will be advanced manufacturing, 34 will be service related, 50 will be logistic, and 80 will be construction services. All of the jobs created by the project tremendously benefit the regional economy and provide long-term financial sustainability.

The project not only brings 399 jobs to the region, it also restores the economic footprint to a once prolific property. As contaminated, vacant land, the taxes total $3,127.10 for 2020. Over the entire 130 acres, this is a mere $24.05 per acre per year. Once developed, the tax revenues annually should exceed $1,500,000.00 when compared to comparable

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developed properties in the immediate area. This is a significant tax contribution to the region, which in turn provides a tremendous amount of services to the region. The project also yields significant labor income to the region. Considering the direct, indirect, and induced labor income to the region, the total is projected to reach $51,829,276 annually. Coupled with the projected output of $239,689,039 annually, the project provides an economic benefit to the region that pales in comparison. (See attachment B.8.a).

Contract negotiations have commenced with Kwik Shop for a truck stop/travel plaza in the project on the north side of 21st Street North. This industry would employ roughly 34 individuals with an annual compensation of $936,382.07. Additionally, negotiations have commenced with Allmetal Recycling, LLC for a 100,000 square foot, concrete, tilt-up building to perform specialized scrap metal recycling operations. This industry would generate between 30 and 50 new jobs for the region with an annual compensation of $1,414,400.00.

C.1. Region

The immediate region served by 21st is known as the Wichita Region. The Wichita Regionconsists of the City of Wichita, Kansas, including Butler, Cowley, Harper, Harvey, Kingman, Marion, McPherson, Reno, Sedgwick, and Sumner Counties.

Specifically, 21st is located west of Interstate 135 (I-135) at 21st Street North in Wichita, Sedgwick County, Kansas. 21st Street North bisects 21st and the Union Pacific Railroad has access to the site on the east via a railroad spur.

The Wichita Region is unique in its size and scope. The Wichita Region consists of many smaller towns that play vital roles in the region. There is a spirit of cooperation in the Wichita Region by everyone to maximize the economic impact for all. Across the region, there are very few rail-served, shovel-ready industrial sites that can provide significant economic development opportunities for the area. The four challenges of the business cycle, entrepreneurship, human capital, and perception are vital to the success of the Wichita Region. 21st maximizes all four factors in one location.

With its ease of access to I-135 and rail service, 21st expands to cover a vastly larger area. 21st location draws interest from national companies looking for options to manufacture good. 21st is centrally located in the United States and provides equidistant access to ship and receive goods from throughout the nation. 21st impacts the country by receiving raw materials and shipping finished goods to every state and thus supplying each state much needed economic stimulus.

Additionally, SCKEDD serves fourteen counties, including Butler, Chautauqua, Cowley, Elk, Harper, Harvey, Greenwood, Kingman, Marion, McPherson, Rice, Reno, Sedgwick, and Sumner. 21st will directly and indirectly serve all of these fourteen counties through employment at 21st, or through an increased monetary influx into each of these counties directly related to the jobs 21st creates.

C.2.C. Special Need

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The project borders a Qualified Opportunity Zone in Census Tract 20173000400. (See attachment C.2.C). As a part of the 2017 Tax Cut and Jobs Act, the idea of Qualified Opportunity Zones as a tool to help build hope for improving the economic wellbeing of some of our nation’s most challenged neighborhoods and communities was introduced. Created to encourage private investment in targeted local communities, Qualified Opportunity Zones serve as a viable focal point of collaborative public-private partnership to bring forth both capital resources and social supports needed to encourage positive growth and impactful change in communities that are most in need. We recognize the value of focused and targeted investment both within and immediately adjacent to our city’s Qualified Opportunity Zones.

The Qualified Opportunity Zone in which this project lies encompasses Downtown Wichita, Kansas. There are a number of businesses in the Qualified Opportunity Zonethat do not have a suitable access point to I-135. The project will provide that access point. Traffic to and from the adjacent Qualified Opportunity Zone can traverse 21st Street North and access I-135. Many of these companies require semi-truck traffic to ship and receive materials, goods, and supplies. The project will provide a significantly more robustavenue for these vehicles to access the companies in the adjacent Qualified Opportunity Zone. Access both to from the adjacent Qualified Opportunity Zone is tremendously more efficient and safer after the completion of the project.

Wichita is working diligently to bring more opportunities to our Qualified Opportunity Zones. Through collaborative efforts between both the public and private sectors, our community is committed to supporting economic development projects that enhanced investment in strategically situated areas of our city such as 21st.

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WichitaRegion–AnEconomicImpactEpicenterMay29,2020–WorkingDocument

In early 2020, the Wichita region and Kansas lost approximately 5,000 aerospace jobs because of the Boeing 737 MAX production suspension. In March, global pandemic COVID-19 became the second unprecedented event to significantly affect the core industries that drive the greater Wichita region and state’s economy.

IMPACT HighestProjectedLossofEmploymentinKansas–35%Due to COVID-19 combined with the 737 MAX production suspension, it is projected that more than one-third of jobs in the Wichita region will be affected (based upon a three-month cumulative impact*)

HighestMarketinU.S.of“Second-WaveIndustries”**According to a CBRE report, it projected that second wave industries – manufacturing, construction, banking and real estate – are likely to be affected more in the coming months due to long-term disruption as a result of the pandemic. Wichita ranked first in metro areas likely to be affected with 30.4% employment in these industries. According to the report, “Manufacturing is a significant portion of the local industry composition in Wichita, KS, and therefore the market may face significant disruptions in the second wave.”

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CORE INDUSTRIES HIT HARD

AerospaceManufacturingOverview: Wichita is home to some of the world’s largest aerospace manufactures including Spirit AeroSystems, Textron Aviation, Bombardier and Airbus plus more than 450 world-class suppliers. The region has the highest concentration of aerospace manufacturing employment and skills in the nation and is one of five global aerospace clusters. Aviation comprises the largest amount of Kansas exports. Challenges: Within six months, Wichita companies went from increasing investments and hiring to meet demand and build record rates on the 737 MAX – to announcing significant layoffs and furloughs due to the production suspension and COVID-19. Thus far in 2020, there have been roughly 20,000 aerospace workers laid off or furloughed.

OilandGasOverview: Kansas ranks in the top ten states for oil production and in the top 15 for natural gas production. Home to an established oil and gas industry network, including two refineries, businesses within the region encompass the entire production and transport process. The region’s share of jobs in this sector is twice as concentrated as other U.S. cities. Challenges: Global supply challenges and plummeting consumption have induced historically low prices, tight margins, decreased investment and increased unemployment. At sub-$15/barrel, our economy will experience extremely low tax revenues from this industry.

AgricultureOverview: The Wichita region exports $3.3 billion in agriculture. It’s home to two of the largest privately held companies focused on agriculture in the U.S. – Koch Industries and Cargill – and a high concentration of food processing applications, including wet milling, oilseed crushing, vegetable oil refining and blending, and meat processing. The industry supports over 40,000 jobs in the region. Challenges: Market volatility across all commodity sectors, uncertain global market access and trade conditions.

Travel,TourismandServiceIndustryOverview: Wichita has a high concentration of travel industry customer support jobs with nationwide headquarter call centers for Marriott and Royal Caribbean/Celebrity Cruise Line. In 2019, these companies employed a workforce of 1,500 jobs. In addition to these core jobs, in a typical year more than 6 million people visit the Wichita region bringing an impact of $1 billion dollars to the economy, including dining, retail, cultural attractions and entertainment. Challenges: At the customer support centers employment has been reduced by a third as of early April, and the service industry has suffered the highest lost jobs.

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MovingForward–EconomicrecoveryandgrowthAcollaborativeapproachtojump-starttheregionaleconomy

GROWTH AND RECOVERY The Wichita region is uniquely positioned for growth and recovery because of critical assets, strategic direction and plans. Together, we can drive the recovery and lead to long-term growth. CriticalAssets

• Highly skilled workforce o #1 for manufacturing jobs (out of 100 largest U.S. metro areas) – Brookings o #1 best city for manufacturing workers - Kempler Industries o #22 in the percentage of STEM occupations (out of 100 largest U.S. metro areas) – Brookings o #3 for “very high-tech” manufacturing jobs (out of 100 largest U.S. metro areas) – Brookings o #3 advanced industry hotspot (out of 100 largest U.S. metro areas) - Brookings o #3 engineering hub in the nation – Engineering Daily o Most manufacturing specialized region in the United States

§ Manufacturing accounts for 17.9% of Wichita metro area employment – double the national percentage (8.5%) – Federal Bureau of Labor Statistics

o #5 among U.S. cities for architecture and engineering jobs – Abodo • Leading global research and development facilities

o The National Institute for Aviation Research is the largest aerospace research and development academic institution in the nation. From advance research and testing labs to composite testing at national standards, NIAR provides proprietary research and testing to drive innovation and advance technology.

• Robust talent training infrastructure o Multiple four-year universities (Wichita State, Friends, Newman), multiple community colleges

provide the skilled talent our region needs. The National Center for Aviation Training at WSU Tech provides technical training for 1,500 students to enter our aviation skilled talent pipeline.

• Collaborative community o Support and cooperation from business and industry leadership with proven track record in

collaboration, as well as experience in managing large scale federal grants for skills training programs.

• Strong supply chain employers o 450+ aerospace supply chain companies in Kansas providing goods and services to the global

economy • COVID-19 Community Task Force

o Community-wide task force aligning needs and resources for short-, mid- and long-term economic response and recovery with local, state and federal partners and business, non-profits, workforce, education and more

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Strategic Direction and Plans Within the last two years, the Greater Wichita Partnership led regional collaborative efforts to develop data-driven plans by recognized global experts. Implementation, based upon priority and timing, is underway.

• Regional Growth Plan – a comprehensive economic development strategy to grow the regional economy that is targeted, collaborative and data-driven

• Talent Marketing Blueprint – a global research and marketing strategy to position the region to retain and recruit talent that is strategic, focused and research-based

Both plans complement and enhance the state of Kansas’ Framework for Growth as a statewide economic development plan (currently underway). Opportunity As companies and talent consider options for future growth, the Wichita region combines the benefits of an urban setting, including a highly-skilled workforce, with a central geographic location and low operating costs. With an aerospace heritage and the latest in technology and digital transformation in the region, we are poised for growth. FocusedInvestment:AccelerateDiversificationandFutureGrowth

The following investments have been collaboratively identified to continue diversification and growth efforts.

• Regional Growth Plan – The region determined targeted list of industry sectors best suited to compete for and grow, given investment to unlock growth. Sectors are based on leveraging existing assets such as existing skill sets of companies and workforce and geography.

AerospaceMaintenance,RepairandOverhaul(MRO)Capitalize on assets of world-class talent, research and business expertise, including NIAR, by unlocking growth in a different aerospace market that is largely recession proof – manufacturing parts, providing service and repairs to existing aircraft. Project Summary Estimated Need Wichita Airports Infrastructure Improvements

Develop water/wastewater and taxiway infrastructure on west side of Eisenhower National and east side of Jabara Airport for targeted MRO, defense and other aerospace related business development.

$10 – $15 million

AerospaceDefenseManufacturingContinue further diversification of the aerospace industry and leverage WSU/NIAR through additional defense work by regional companies creating ongoing work during commercial or general aviation cycles. Project Summary Estimated Need Cybersecurity Maturity Model Certification (CMMC) Training/Support

Provide technical support and training to regional companies to receive CMMC so can compete for defense work

$1 – $2 million

Defense Manufacturing Technology Center of Excellence

Provide pre-commercial manufacturing technology qualification, test and demonstration of essential defense materials, structures and processes

$25 - $50 million

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TechnologyandInnovationBuild on local expertise to support every business and industry sector’s rapid digital transformation required to compete and grow while supporting entrepreneurs with scalable businesses. Project Summary Estimated Need Business Digital Transformation and Convergence Sciences

Similar to NIAR start-up, leverage expertise, research capabilities and assets to create center to develop digital transformation, for all sectors as have for aerospace

$25 - $50 million

Smart Manufacturing Build on expertise at WSU with development of smart manufacturing methods and technologies in which the digital, physical, and experimental converge to advance manufacturing capabilities

$25 million

Cybersecurity “Cyber” Range

Plan and launch Wichita Cyber Range Center to stimulate jobs and businesses providing world-class cybersecurity

$20 - $25 million

Dark Fiber Corridors Provide critical support for digital business transformation, educational access and cyber range development, develop E-Streets conduit system to install dark fiber in two critical business corridors

$3 – $5 million

TransportationandLogisticsWith the I-35 corridor, the Wichita region is uniquely positioned to build on its existing capacity to grow as a hub for essential transportation and logistics Project Summary Estimated Need Wichita North Junction Interchange

This project unlocks the region’s transportation and logistics growth opportunities and is recognized as the highest priority transportation project in the state by the Kansas Department of Transportation

$86 million

Transload Facility Make region more competitive for transportation and logistics by developing transload shipping center

$15 - $20 million

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Shovel-ReadyProjects/SitesCreate more competitive sites in the region to stimulate its economy and long-term trajectory. Project Summary Estimated Need Amtrak Heartland Flyer Infrastructure

Regional infrastructure, including rail improvements and local station stops to connect passenger rail from Kansas to Oklahoma

$32 million

Central Redevelopment Site at 21st and 135

Infrastructure developments, including new connecting public streets and widening of existing to support new transportation and shipping businesses

$5 - $10 million

El Dorado I-35 Mega-Site Infrastructure

Develop road, water, sewer and rail infrastructure to develop a mega site suitable for catalytic, large projects along the I-35 corridor

$30 – $35 million

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Notes/CitedSources*Economic impact model from Wichita State University’s Center for Economic Development and Business Research (CEBDR) April 10 news release at https://www.wichita.edu/about/wsunews-releases/2020/04-april/covid_ripple_effect_9.php **CBRE Labor Analytics: Anticipating a Changing Landscape in the Workforce, A National Analysis of Industries Impacted by COVID-19 – https://bit.ly/CBREAnticipatingChangingLandscape ***Layoff data from Workforce Alliance of South Central Kansas COVID-19EconomicRecoveryWorkGroupAs part of the larger COVID-19 Community Task Force, community partners (listed below) have come together to identify key areas for economic recovery and growth for South Central Kansas. The organizations listed below, while initiating a coordinated approach for the region, are spearheading specific initiatives as part of the larger strategy for regional growth. Organization Role

• Public safety • Infrastructure investment • Airport and air access

• Long-range economic development and diversification strategies • Infrastructure investment and master planning • Strategies to leverage investments

• Identifying and defining key infrastructure investments • Data on key regional employment sectors and COVID-19 impacts • Communication and coordinated advocacy for South Central

Kansas

• Public safety and health • Local government support

• Unemployment/WIOA funding and grants • Trade Act adjustment petitions

• University and student support • Defense working capital funds • Innovation and infrastructure strategies

• Small business support (PPP, EIDL) • Minority business engagement • Regional Transportation Coalition/State highway funding

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PIPELINE ANDUTILITY EASEMENTS

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WICHITA, KS 672141410 E. 21ST STREET

CORNEJO TRANSPORT/TRAVEL PARK The drawing and all information herein is the exclusiveproperty of Alloy Architecture and is not to be copied or

used in any way without the express written consent ofAlloy Architecture. All drawings, specifications, ideas,

designs and arrangements appearing herein constitutethe original and unpublished Work of the architect.

Copyright © 2020, Alloy Architecture

MAY 15, 2020

ARCHITECTURAL SITE PLANSCALE: 1" = 300'-0"

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Agenda Item No. II-11

City of WichitaCity Council Meeting

August 11, 2020

TO: Mayor and City Council

SUBJECT: Ordinance Correcting Boundaries of Union Station TIF (Tax Increment Financing) (District I)

INITIATED BY: Office of Economic Development

AGENDA: Consent

Recommendation: Place the ordinance on first reading.

Background: On October 15, 2019, the City Council adopted an ordinance expanding the boundaries of the Union Station Redevelopment TIF District to include additional land controlled by the developer and planned for redevelopment. The Sedgwick County Clerk (Clerk) notified the City of a non-substantial technical error in the legal description within the ordinance.

Analysis: The property addition followed the statutory requirements of public notice and a public hearing. However, the Clerk discovered a technical error within the legal description that requires a corrective action by the governing body.

The correction does not expand the boundaries beyond what was presented to the public and depicted on the map. However, it is the desire of the City and County to amend the ordinance to correct the legal description.

Financial Considerations: There is no additional cost in adopting the amending ordinance. Publication costs will be paid from the Economic Development fund.

Legal Considerations: The attached ordinance has been reviewed and approved as to form by the Law Department.

Recommendations/Actions: It is recommended that the City Council place the ordinance on first readingand authorize the necessary signatures.

Attachment: Ordinance

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Gilmore & Bell, P.C.07/28/2020

EXCERPT OF MINUTES OF A MEETINGOF THE GOVERNING BODY OF

THE CITY OF WICHITA, KANSASHELD ON AUGUST 11, 2020

The City Council (the “Governing Body”) of the City of Wichita, Kansas (the “City”) 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.

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

There was presented on the Governing Body’s consent agenda an Ordinance entitled::

AN ORDINANCE OF THE GOVERNING BODY OF THE CITY OF WICHITA, KANSAS, AMENDING ORDINANCE NO. 51-124 RELATED TO THE ESTABLISHMENT OF A REDEVELOPMENT DISTRICT WITHIN THE CITY,AND MAKING CERTAIN FINDINGS IN CONJUNCTION THEREWITH (UNION STATION REDEVELOPMENT DISTRICT BOUNDARY MODIFICATIONS).

[____________________] moved that the consent agenda be passed. The motion was seconded by [____________________]. The motion that the consent agenda be passed, including first reading of said Ordinance, was carried by the vote of the Governing Body, the vote being as follows:

Aye:

Nay:* * * * * * * * * * * * * *

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(Clerk’s Certification of Minutes)

CERTIFICATE

I hereby certify that the foregoing Excerpt of Minutes is a true and correct excerpt of the proceedings of the City Council 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)Karen Sublett, City Clerk

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Gilmore & Bell, P.C.07/28/2020

EXCERPT OF MINUTES OF A MEETINGOF THE GOVERNING BODY OF

THE CITY OF WICHITA, KANSASHELD ON AUGUST 18, 2020

The City Council (the “Governing Body”) of the City of Wichita, Kansas (the “City”) 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)

There was presented for second reading on the Governing Body’s consent agenda an Ordinance entitled:

AN ORDINANCE OF THE GOVERNING BODY OF THE CITY OF WICHITA, KANSAS, AMENDING ORDINANCE NO. 51-124 RELATED TO THE ESTABLISHMENT OF A REDEVELOPMENT DISTRICT WITHIN THE CITY,AND MAKING CERTAIN FINDINGS IN CONJUNCTION THEREWITH (UNION STATION REDEVELOPMENT DISTRICT BOUNDARY MODIFICATIONS).

[____________________] moved that the consent agenda be passed. The motion was seconded by [____________________]. 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:

The Ordinance was then duly numbered Ordinance No. 51-332, was signed by the Mayor and attested by the Clerk, and the Ordinance or a summary thereof was directed to be published one time in the official newspaper of the City.

* * * * * * * * * * * * * *(Other Proceedings)

[BALANCE OF THIS PAGE INTENTIONALLY LEFT BLANK]

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(Clerk’s Certification of Minutes)

CERTIFICATE

I hereby certify that the foregoing Excerpt of Minutes is a true and correct excerpt of the proceedings of the City Council 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)Karen Sublett, City Clerk

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Gilmore & Bell, P.C.07/28/2020

(Published in The Wichita Eagle on August 21, 2020)

ORDINANCE NO. 51-332

AN ORDINANCE OF THE GOVERNING BODY OF THE CITY OF WICHITA, KANSAS, AMENDING ORDINANCE NO. 51-124 RELATED TO THE ESTABLISHMENT OF A REDEVELOPMENT DISTRICT WITHIN THE CITY,AND MAKING CERTAIN FINDINGS IN CONJUNCTION THEREWITH (UNION STATION REDEVELOPMENT DISTRICT BOUNDARY MODIFICATIONS).

WHEREAS, the City Council (the “Governing Body”) of the City of Wichita, Kansas (the “City”)has heretofore, pursuant to the provisions of K.S.A. 12-1770 et seq., as amended (the “Act”), passed Ordinance No. 49-839 (as subsequently amended by Ordinance Nos. 49-938 and 50-812, which made non-substantial amendments thereto), which established a redevelopment district within the City that was designated as the Union Station Redevelopment District (the “District”) in order to promote, stimulate and develop the general and economic welfare of the City and the state of Kansas (the “State”) and to assist in the development and redevelopment of eligible areas within the City, thereby promoting the general welfare of the citizens of the State and the City; and

WHEREAS, in order to continue the development and redevelopment within the District, the Governing Body desired to modify the boundaries of the District by adding additional property to the District and to designate four project areas within the District to further foster development of the District Plan; and

WHEREAS, pursuant to the Act, prior to the addition of property to the District, the Governing Body must adopt a resolution stating that the City is considering such modification, which resolution shall: (1) give notice that a public hearing will be held to consider the modification to the District and fix the date, hour and place of such public hearing, which public hearing shall be held not less than 30 nor more than 70 days following adoption of such resolution, (2) describe the proposed modification to the boundaries of the District, (3) describe any modifications to the redevelopment district plan, (4) state that a description and map of the current boundaries and proposed modification to the District boundaries are available for inspection at a time and place designated, and (5) state that the Governing Body will consider findings necessary for the proposed modifications to the District; and

WHEREAS, the Governing Body, pursuant to the Act, adopted Resolution No. 19-323, which made a finding that the City is considering proposed modifications to the existing boundaries of the District pursuant to the Act, set forth the description of the proposed property to be added to the District (the “Property Additions”), provided a summary of the proposed modifications to the redevelopment district plan, called a public hearing concerning the proposed modifications to the District for October 8, 2019, and provided fornotice of such public hearing as provided in the Act; and

WHEREAS, a public hearing was held on October 8, 2019, after duly published, delivered and mailed notice thereof in accordance with the provisions of the Act; and

WHEREAS, on October 15, 2019, the Governing Body passed Ordinance No. 51-124 which provided for: (a) modifications to the boundaries of the District by adding the Property Additions to the

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District; (b) made certain modifications to the District Plan to conform to the boundary amendments; and (c) amended previously passed Ordinance Nos. 49-839 and 50-812 to make conforming changes; and

WHEREAS, the Property Additions did not include any area not designated in Resolution No. 19-323 that provided notice of the public hearing to consider such modifications; and

WHEREAS, during the process of recording Ordinance No. 51-124, the Sedgwick County Clerk discovered a non-substantial technical error in the legal descriptions of the Property Additions set forth in such ordinance; and

WHEREAS, the Governing Body, desires to amend certain provisions of Ordinance No. 51-124 in order to correct such non-substantial technical error; and

WHEREAS, the correction of such technical error does not expand the boundaries of the District beyond those described in Resolution No. 19-323 or as depicted in the map of the proposed changes to the District boundaries.

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

Section 1. Amendments to Ordinance No. 51-154. The Governing Body hereby makes the following amendments to Ordinance No. 51-154:

(a) Exhibit A to Ordinance No. 51-154 is hereby amended to reflect the legal description setforth on Exhibit A attached hereto to reflect the property to be added to the District, which is incorporated herein by reference.

(b) Exhibit C to Ordinance No. 51-154, the District Plan, is hereby amended to reflect the information set forth on Exhibit C attached hereto, which is incorporated herein by reference.

Section 2. Repealer; Ratification. Exhibits A and C attached to Ordinance No. 51-154 are hereby repealed and replaced by Exhibits A and C attached hereto. The rest and remainder of Ordinance No. 51-154 is hereby ratified and confirmed.

Section 3. Further Action. The Mayor, City Manager, Director of Finance, City Clerk, City Attorney, and other officials and employees of the City, including Gilmore & Bell, P.C., Bond Counsel, are hereby further authorized and directed to take such other actions as may be appropriate or desirable to accomplish the purposes of this Ordinance.

Section 4. Effective Date. This Ordinance shall be effective upon its passage by the Governing Body and publication one time in the official City newspaper.

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JLN\600809.70449\RESOLUTION - HEARING RE TIF DISTRICT CREATION

(Signature Page to Resolution)

PASSED by the City Council of the City on August 18, 2020 and SIGNED by the Mayor.

(SEAL)Brandon J. Whipple, Mayor

ATTEST:

Karen Sublett, City Clerk

APPROVED AS TO FORM:

Jennifer Magaña, Director of Law and City Attorney

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EXHIBIT A

LEGAL DESCRIPTION OF PROPERTY TO BE ADDEDTO THE UNION STATION REDEVELOPMENT DISTRICT

THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 21, TOWNSHIP 27 SOUTH, RANGE 1 EAST OF THE 6TH PRINCIPAL MERIDIAN AND ROCK ISLAND ADDITION AND ROCK ISLAND 2ND ADDITION AND UNION STATION ADDITION, IN THE CITY OF WICHITA, COUNTY OF SEDGWICK, STATE OF KANSAS, BEING THE SAME PARCELS OF LAND DESCRIBED IN QUITCLAIM DEED RECORDED AS DOC.#/FLM-PG:29743550 AND QUITCLAIM DEED RECORDED AS DOC.#/FLM-PG:29743553 AND CORRECTIVE QUIT CLAIM DEED RECORDED AS DOC.#/FLM-PG:29861413 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

A PARCEL OF LAND DESCRIBED IN DEED BOOK 2974 AND PAGE 3550 AND DESCRIBED AS FOLLOWS:

PARCEL 1:LOT N, EXCEPT THE NORTH 23 FEET 8 INCHES, AND ALL OF LOTS 0 AND P, ROCK ISLAND AVENUE, ROCK ISLAND 2ND ADDITION TO WICHITA, SEDGWICK COUNTY, KANSAS, TOGETHER WITH AN UNPLATTED TRACT OF GROUND DESCRIBED AS FOLLOWS:

BEGINNING AT THE NORTHEAST CORNER OF LOT 1, ON ROCK ISLAND AVENUE, IN ROCK ISLAND ADDITION TO WICHITA, SEDGWICK COUNTY, KANSAS; THENCE WEST 125 FEET ALONG THE NORTH LINE OF SAID LOT 1; THENCE NORTH 5 1/2 FEET TO THE SOUTHWEST CORNER OF LOT P, ON ROCK ISLAND AVENUE, IN ROCK ISLAND 2ND ADDITION TO WICHITA, SEDGWICK COUNTY, KANSAS; THENCE EAST 125 FEET ALONG THE SOUTH LINE OF SAID LOT P; THENCE SOUTH 5 1/2 FEET TO THE PLACE OF BEGINNING.

PARCEL 2:LOTS 1, 3 AND THAT PART OF LOT 5 DESCRIBED AS BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 5; THENCE S 00°00' E ALONG THE EAST LINE OF SAID LOT 5, 8.36 FEET; THENCE S 89°54'35" W, 125 FEET; THENCE N 00°00' E ALONG THE WEST LINE OF SAID LOT 5, 8.41 FEET TO THE NORTHWEST CORNER OF SAID LOT 5; THENCE N 89°56' E ALONG THE NORTH LINE OF SAID LOT 5, 125 FEET TO THE POINT OF BEGINNING, ON ROCK ISLAND AVENUE, IN ROCK ISLAND ADDITION TO WICHITA, SEDGWICK COUNTY, KANSAS.

PARCEL 3:THAT PART OF THE SOUTHWEST QUARTER OF SECTION 21, TOWNSHIP 27 SOUTH, RANGE 1 EAST OF THE SIXTH PRINCIPAL MERIDIAN, SEDGWICK COUNTY, KANSAS, DESCRIBED AS BEGINNING AT A POINT ON THE WEST LINE OF ROCK ISLAND ADDITION TO WICHITA, SEDGWICK COUNTY, KANSAS, AND 8.41 FEET SOUTH OF THE NORTHWEST CORNER OF LOT 5, ON ROCK ISLAND AVENUE, IN SAID ROCK ISLAND ADDITION TO WICHITA; THENCE S 89°54'35" W, 3.10 FEET; THENCE N 00°02'21" W, 121.24 FEET; THENCE N 89°56' E, 3.22 FEET TO A POINT ON THE WEST LINE OF SAID ROCK ISLAND ADDITION; THENCE SOUTH TO THE POINT OF BEGINNING.

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TOGETHER WITH,

A PARCEL OF LAND DESCRIBED IN DEED BOOK 2974 AND PAGE 3553 AND DESCRIBED AS FOLLOWS:

PARCEL 4:THE NORTH 23 FEET 8 INCHES OF LOT N, AND THE SOUTH 18 FEET 1 INCH OF LOT M, ROCK ISLAND AVENUE, ROCK ISLAND 2ND ADDITION TO WICHITA, SEDGWICK COUNTY, KANSAS.

TOGETHER WITH,

A PARCEL OF LAND DESCRIBED IN DEED BOOK 2986 AND PAGE 1413 ON JULY 11, 2019 AS FOLLOWS:

PARCEL 5:THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 21, TOWNSHIP 27 SOUTH, RANGE 1 EAST OF THE 6TH PRINCIPAL MERIDIAN IN THE CITY OF WICHITA, COUNTY OF SEDGWICK, STATE OF KANSAS, BEING DESCRIBED AS FOLLOWS:COMMENCING AT THE SOUTHWEST CORNER OF LOT 3, UNION STATION ADDITION RECORDED IN PLAT BOOK AND PAGE S1-4-21; THENCE ON THE EAST LINE OF LOT 1 OF SAID UNION STATION ADDITION ALSO BEING THE WEST LINE OF ROCK ISLAND 2ND ADDITION RECORDED IN PLAT BOOK AND PAGE R2-2-4, S 00°59’44” E 58.33 FEET TO A CORNER OF SAID EASTERLY LINE AND THE POINT OF BEGINNING; THENCE CONTINUING ON SAID EASTERLY LINE S 87°48’54” W 3.23 FEET TO A CORNER OF SAID EASTERLY LINE; THENCE CONTINUING ON SAID EASTERLY LINE S 01°07’10” E 41.59 FEET; THENCE N 89°56’00” E 3.22 FEET TO THE WEST LINE OF SAID ROCK ISLAND 2ND ADDITION; THENCE ON SAID WEST LINE, N 01°06’40” 41.71 FEET TO THE POINT OF BEGINNING. CONTAINS 134 SQUARE FEET, MORE OR LESS.

SAID PARCELS TO BE ADDED COLLECTIVELY CONTAIN 0.48 ACRES, MORE OR LESS.

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

LEGAL DESCRIPTION OF THE UNION STATION REDEVELOPMENT DISTRICTAFTER ADDITIONAL PROPERTYADDED

Original District

THAT PART OF THE SW1/4 OF SEC. 21, T27S, R1E OF THE 6TH P.M., SEDGWICK COUNTY, KANSAS, DESCRIBED AS BEGINNING AT THE NORTHWEST CORNER OF LOT 1, UNION STATION ADDITION, WICHITA, SEDGWICK COUNTY, KANSAS; THENCE N0°05’00”W ALONG THE EXTENDED WEST LINE OF SAID LOT 1, 114.00 FEET TO THE NORTH RIGHT OF WAY OF DOUGLAS AVENUE; THENCE N89°56’00”E ALONG SAID NORTH RIGHT OF WAY, 580.61 FEET TO THE EAST RIGHT OF WAY OF ROCK ISLAND; THENCE S00°00’00”W, ALONG SAID EAST RIGHT OF WAY, 114.00 FEET TO THE SOUTH RIGHT OF WAY OF DOUGLAS AVENUE; THENCE CONTINUING S00°00’00”W, ALONG SAID EAST RIGHT OF WAY, 170.72 FEET; THENCE S89°56’00”W, 185.00 FEET; THENCE S00°00’00”W, 276.30 FEET; THENCE S89°56’W, 3.22 FEET; THENCE S00°02’21”E, 162.89 FEET; THENCE S89°52’30”W, 17.79 FEET; THENCE S00°00’00”W, 174.09 FEET TO A POINT OF CURVATURE OF A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 165.00 FEET AND AN ARC LENGTH OF 58.13 FEET; CHORD BEARING S10°05’32”W, 57.83 FEET; THENCE ALONG SAID CURVE, 58.13 FEET TO A POINT OF REVERSE

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CURVE OF A CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 260.00 FEET AND AN ARC LENGTH OF 49.94 FEET; THENCE ALONG SAID CURVE, 49.94 FEET; THENCE S89°22’00”W, 57.02 FEET; THENCE S68°20’30”W, 171.05 FEET; THENCE S00°00’00”W, 253.92 FEET; THENCE S83°50’48”W, 101.63 FEET; THENCE N09°45’00”W, 36.96 FEET; TO A POINT OF CURVATURE OF A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 1883.87 FEET AND AN ARC LENGTH OF 317.84 FEET; CHORD BEARING N04°55’00”W, 317.46 FEET; THENCE ALONG SAID CURVE, 317.84 FEET TO A POINT OF TANGENCY; THENCE N0°05’00”W, 864.61 FEET TO THE POINT OF BEGINNING.

Property Added to District:

THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 21, TOWNSHIP 27 SOUTH, RANGE 1 EAST OF THE 6TH PRINCIPAL MERIDIAN AND ROCK ISLAND ADDITION AND ROCK ISLAND 2ND ADDITION AND UNION STATION ADDITION, IN THE CITY OF WICHITA, COUNTY OF SEDGWICK, STATE OF KANSAS, BEING THE SAME PARCELS OF LAND DESCRIBED IN QUITCLAIM DEED RECORDED AS DOC.#/FLM-PG:29743550 AND QUITCLAIM DEED RECORDED AS DOC.#/FLM-PG:29743553 AND CORRECTIVE QUIT CLAIM DEED RECORDED AS DOC.#/FLM-PG:29861413 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

A PARCEL OF LAND DESCRIBED IN DEED BOOK 2974 AND PAGE 3550 AND DESCRIBED AS FOLLOWS:

PARCEL 1:LOT N, EXCEPT THE NORTH 23 FEET 8 INCHES, AND ALL OF LOTS 0 AND P, ROCK ISLAND AVENUE, ROCK ISLAND 2ND ADDITION TO WICHITA, SEDGWICK COUNTY, KANSAS, TOGETHER WITH AN UNPLATTED TRACT OF GROUND DESCRIBED AS FOLLOWS:

BEGINNING AT THE NORTHEAST CORNER OF LOT 1, ON ROCK ISLAND AVENUE, IN ROCK ISLAND ADDITION TO WICHITA, SEDGWICK COUNTY, KANSAS; THENCE WEST 125 FEET ALONG THE NORTH LINE OF SAID LOT 1; THENCE NORTH 5 1/2 FEET TO THE SOUTHWEST CORNER OF LOT P, ON ROCK ISLAND AVENUE, IN ROCK ISLAND 2ND ADDITION TO WICHITA, SEDGWICK COUNTY, KANSAS; THENCE EAST 125 FEET ALONG THE SOUTH LINE OF SAID LOT P; THENCE SOUTH 5 1/2 FEET TO THE PLACE OF BEGINNING.

PARCEL 2:LOTS 1, 3 AND THAT PART OF LOT 5 DESCRIBED AS BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 5; THENCE S 00°00' E ALONG THE EAST LINE OF SAID LOT 5, 8.36 FEET; THENCE S 89°54'35" W, 125 FEET; THENCE N 00°00' E ALONG THE WEST LINE OF SAID LOT 5, 8.41 FEET TO THE NORTHWEST CORNER OF SAID LOT 5; THENCE N 89°56' E ALONG THE NORTH LINE OF SAID LOT 5, 125 FEET TO THE POINT OF BEGINNING, ON ROCK ISLAND AVENUE, IN ROCK ISLAND ADDITION TO WICHITA, SEDGWICK COUNTY, KANSAS.

PARCEL 3:THAT PART OF THE SOUTHWEST QUARTER OF SECTION 21, TOWNSHIP 27 SOUTH, RANGE 1 EAST OF THE SIXTH PRINCIPAL MERIDIAN, SEDGWICK COUNTY, KANSAS, DESCRIBED AS BEGINNING AT A POINT ON THE WEST LINE OF ROCK ISLAND ADDITION TO WICHITA, SEDGWICK COUNTY, KANSAS, AND 8.41 FEET SOUTH OF

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THE NORTHWEST CORNER OF LOT 5, ON ROCK ISLAND AVENUE, IN SAID ROCK ISLAND ADDITION TO WICHITA; THENCE S 89°54'35" W, 3.10 FEET; THENCE N 00°02'21" W, 121.24 FEET; THENCE N 89°56' E, 3.22 FEET TO A POINT ON THE WEST LINE OF SAID ROCK ISLAND ADDITION; THENCE SOUTH TO THE POINT OF BEGINNING.

TOGETHER WITH,

A PARCEL OF LAND DESCRIBED IN DEED BOOK 2974 AND PAGE 3553 AND DESCRIBED AS FOLLOWS:

PARCEL 4:THE NORTH 23 FEET 8 INCHES OF LOT N, AND THE SOUTH 18 FEET 1 INCH OF LOT M, ROCK ISLAND AVENUE, ROCK ISLAND 2ND ADDITION TO WICHITA, SEDGWICK COUNTY, KANSAS.

TOGETHER WITH,

A PARCEL OF LAND DESCRIBED IN DEED BOOK 2986 AND PAGE 1413 ON JULY 11, 2019 AS FOLLOWS:

PARCEL 5:THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 21, TOWNSHIP 27 SOUTH, RANGE 1 EAST OF THE 6TH PRINCIPAL MERIDIAN IN THE CITY OF WICHITA, COUNTY OF SEDGWICK, STATE OF KANSAS, BEING DESCRIBED AS FOLLOWS:COMMENCING AT THE SOUTHWEST CORNER OF LOT 3, UNION STATION ADDITION RECORDED IN PLAT BOOK AND PAGE S1-4-21; THENCE ON THE EAST LINE OF LOT 1 OF SAID UNION STATION ADDITION ALSO BEING THE WEST LINE OF ROCK ISLAND 2ND ADDITION RECORDED IN PLAT BOOK AND PAGE R2-2-4, S 00°59’44” E 58.33 FEET TO A CORNER OF SAID EASTERLY LINE AND THE POINT OF BEGINNING; THENCE CONTINUING ON SAID EASTERLY LINE S 87°48’54” W 3.23 FEET TO A CORNER OF SAID EASTERLY LINE; THENCE CONTINUING ON SAID EASTERLY LINE S 01°07’10” E 41.59 FEET; THENCE N 89°56’00” E 3.22 FEET TO THE WEST LINE OF SAID ROCK ISLAND 2ND ADDITION; THENCE ON SAID WEST LINE, N 01°06’40” 41.71 FEET TO THE POINT OF BEGINNING. CONTAINS 134 SQUARE FEET, MORE OR LESS.

AGGREGATE PROPERTY WITHIN DISTRICT BOUNDARIES CONTAINS 9.89 ACRES MORE OR LESS.

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EXHIBIT C

REDEVELOPMENT DISTRICT PLAN FOR THE REDEVELOPMENTOF THE UNION STATION REDEVELOPMENT DISTRICT

THROUGH TAX INCREMENT FINANCING

October 15, 2019

SECTION 1: PURPOSE

A district plan is required for inclusion in the establishment of a redevelopment district under K.S.A. 12-1770 et seq. (the “Act”). The district plan is a preliminary plan that identifies proposed redevelopment project areas within the district, and describes in a general manner the buildings, facilities and improvements to be constructed or improved.

SECTION 2: DESCRIPTION OF TAX INCREMENT INCOME

Projects financed through tax increment financing typically involve the creation of an “increment”in real estate property tax income. The increment is generated by segregating the assessed values of real property located within a defined geographic area such that a portion of the resulting property taxes flow to the City to fund projects in the redevelopment district, and the remaining portion flows to all remaining taxing jurisdictions. The portion of property taxes flowing to the City is determined by the increase in the assessed value of the properties within the redevelopment district as a result of the new development occurring within the same area. When the current aggregate property tax rates of all taxing jurisdictions are applied to this increase in assessed property value from new development, increment income is generated. Public improvements within the district and other qualified expenditures are funded by the City and repaid over a specified period of time with this increment income. The property taxes attributable to the assessed value existing prior to redevelopment, the “original valuation,” continue to flow to all taxing jurisdictions just as they did prior to redevelopment. This condition continues for the duration of the established district, as defined by statute, or until all eligible project costs are funded, whichever is of shorter duration.

SECTION 3: DESCRIPTION OF THE DISTRICT BOUNDARIES

The property within the existing district includes all property generally bounded by the railroad right of way on the west, the north right of way line of Douglas Avenue on the north, the east right of way line of Rock Island from Douglas to the south property line of 801 E. Douglas and the east property line of 725 E. Douglas on the east, and the south property line of 801 E. Doulas and south property line of lot 2 of Union Station Addition, and with regards to the property to be added to the expanded district, the east edge of the existing district on the west, the north property line of 155 S. Rock Island to the north, the east west property line of Rock Island to the east and the south property line of 165 S. Rock Island to the south, all in Wichita, Sedgwick County, Kansas; and including all street rights of way within such described areas. The legal descriptions of the existing district and proposed addition thereto are attached hereto and incorporated herein as Attachment 1.

SECTION 4: BUILDINGS AND FACILITIES

The existing district and proposed addition thereto are located within Project Downtown and is further identified as a catalyst site for redevelopment. The buildings are part of the 10-acre Union Station complex along the rail corridor. A majority of the buildings were constructed prior to 1950 and are vacant. Design and layout of the buildings creates an economic obsolescence based on current uses.

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The existing district and proposed addition thereto are areas that meet the criteria for designation as a “blighted area” as defined by state law governing the establishment and financing of redevelopment districts. Property within a blighted area is legally eligible for establishment of a redevelopment district.

SECTION 5: REDEVELOPMENT AND PROJECT AREAS

It is anticipated that all property within the expanded district will be designated as one or more “project areas” under the redevelopment project plan, which must be adopted by the City Council by a 2/3 majority vote before the expenditure of any tax increment financing funds. The plans for redevelopment of the project areas generally call for a full remodel, renovation and expansion of the six existing structures and development of two additional commercial structures for a total of almost 181,000 square feet of retail, restaurant, and office space. It is further anticipated that the project will include construction of a public parking structure.

Tax increment financing may be used to pay for eligible costs, on a pay-as-you-go basis, for land acquisition and site preparation including utility relocations, public infrastructure improvements, such as streetscape, public parking, utility extensions, landscaping, and public plazas. Tax increment financing may not be used for construction of any buildings owned or leased to a private, nongovernmental entity.

SECTION 6: CONCLUSION

After the establishment of the expanded redevelopment district, any redevelopment projects to be funded with tax increment financing will be presented to the Governing Body for approval through the adoption of a redevelopment project plan. The project plan will identify the specific project area(s) located within the established redevelopment district and will include detailed descriptions of the projects as well as a financial feasibility study showing that the economic benefits out-weigh the costs. The project plan must be reviewed by the Metropolitan Planning Commission and submitted to a public hearing following further notification of property owners and occupants, before it can be adopted by a 2/3 majority vote of the Governing Body. Only then can tax increment income be spent on the redevelopment projects.

Tax increment financing does not impose any additional taxes on property located within the redevelopment district. All property within the district is appraised and taxed the same as any other property. However, if property within the district increases in value as a result of redevelopment, the resulting increment of additional tax revenue is diverted to pay for a portion of the redevelopment costs.

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ATTACHMENT 1TO REDEVELOPMENT DISTRICT PLAN

LEGAL DESCRIPTION

LEGAL DESCRIPTION OF PROPERTY TO BE ADDEDTO THE UNION STATION REDEVELOPMENT DISTRICT

LEGAL DESCRIPTION OF PROPERTY TO BE ADDEDTO THE UNION STATION REDEVELOPMENT DISTRICT

THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 21, TOWNSHIP 27 SOUTH, RANGE 1 EAST OF THE 6TH PRINCIPAL MERIDIAN AND ROCK ISLAND ADDITION AND ROCK ISLAND 2ND ADDITION AND UNION STATION ADDITION, IN THE CITY OF WICHITA, COUNTY OF SEDGWICK, STATE OF KANSAS, BEING THE SAME PARCELS OF LAND DESCRIBED IN QUITCLAIM DEED RECORDED AS DOC.#/FLM-PG:29743550 AND QUITCLAIM DEED RECORDED AS DOC.#/FLM-PG:29743553 AND CORRECTIVE QUIT CLAIM DEED RECORDED AS DOC.#/FLM-PG:29861413 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

A PARCEL OF LAND DESCRIBED IN DEED BOOK 2974 AND PAGE 3550 AND DESCRIBED AS FOLLOWS:

PARCEL 1:LOT N, EXCEPT THE NORTH 23 FEET 8 INCHES, AND ALL OF LOTS 0 AND P, ROCK ISLAND AVENUE, ROCK ISLAND 2ND ADDITION TO WICHITA, SEDGWICK COUNTY, KANSAS, TOGETHER WITH AN UNPLATTED TRACT OF GROUND DESCRIBED AS FOLLOWS:

BEGINNING AT THE NORTHEAST CORNER OF LOT 1, ON ROCK ISLAND AVENUE, IN ROCK ISLAND ADDITION TO WICHITA, SEDGWICK COUNTY, KANSAS; THENCE WEST 125 FEET ALONG THE NORTH LINE OF SAID LOT 1; THENCE NORTH 5 1/2 FEET TO THE SOUTHWEST CORNER OF LOT P, ON ROCK ISLAND AVENUE, IN ROCK ISLAND 2ND ADDITION TO WICHITA, SEDGWICK COUNTY, KANSAS; THENCE EAST 125 FEET ALONG THE SOUTH LINE OF SAID LOT P; THENCE SOUTH 5 1/2 FEET TO THE PLACE OF BEGINNING.

PARCEL 2:LOTS 1, 3 AND THAT PART OF LOT 5 DESCRIBED AS BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 5; THENCE S 00°00' E ALONG THE EAST LINE OF SAID LOT 5, 8.36 FEET; THENCE S 89°54'35" W, 125 FEET; THENCE N 00°00' E ALONG THE WEST LINE OF SAID LOT 5, 8.41 FEET TO THE NORTHWEST CORNER OF SAID LOT 5; THENCE N 89°56' E ALONG THE NORTH LINE OF SAID LOT 5, 125 FEET TO THE POINT OF BEGINNING, ON ROCK ISLAND AVENUE, IN ROCK ISLAND ADDITION TO WICHITA, SEDGWICK COUNTY, KANSAS.

PARCEL 3:THAT PART OF THE SOUTHWEST QUARTER OF SECTION 21, TOWNSHIP 27 SOUTH, RANGE 1 EAST OF THE SIXTH PRINCIPAL MERIDIAN, SEDGWICK COUNTY, KANSAS, DESCRIBED AS BEGINNING AT A POINT ON THE WEST LINE OF ROCK ISLAND ADDITION TO WICHITA, SEDGWICK COUNTY, KANSAS, AND 8.41 FEET SOUTH OF

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THE NORTHWEST CORNER OF LOT 5, ON ROCK ISLAND AVENUE, IN SAID ROCK ISLAND ADDITION TO WICHITA; THENCE S 89°54'35" W, 3.10 FEET; THENCE N 00°02'21" W, 121.24 FEET; THENCE N 89°56' E, 3.22 FEET TO A POINT ON THE WEST LINE OF SAID ROCK ISLAND ADDITION; THENCE SOUTH TO THE POINT OF BEGINNING.

TOGETHER WITH,

A PARCEL OF LAND DESCRIBED IN DEED BOOK 2974 AND PAGE 3553 AND DESCRIBED AS FOLLOWS:

PARCEL 4:THE NORTH 23 FEET 8 INCHES OF LOT N, AND THE SOUTH 18 FEET 1 INCH OF LOT M, ROCK ISLAND AVENUE, ROCK ISLAND 2ND ADDITION TO WICHITA, SEDGWICK COUNTY, KANSAS.

TOGETHER WITH,

A PARCEL OF LAND DESCRIBED IN DEED BOOK 2986 AND PAGE 1413 ON JULY 11, 2019 AS FOLLOWS:

PARCEL 5:THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 21, TOWNSHIP 27 SOUTH, RANGE 1 EAST OF THE 6TH PRINCIPAL MERIDIAN IN THE CITY OF WICHITA, COUNTY OF SEDGWICK, STATE OF KANSAS, BEING DESCRIBED AS FOLLOWS:COMMENCING AT THE SOUTHWEST CORNER OF LOT 3, UNION STATION ADDITION RECORDED IN PLAT BOOK AND PAGE S1-4-21; THENCE ON THE EAST LINE OF LOT 1 OF SAID UNION STATION ADDITION ALSO BEING THE WEST LINE OF ROCK ISLAND 2ND ADDITION RECORDED IN PLAT BOOK AND PAGE R2-2-4, S 00°59’44” E 58.33 FEET TO A CORNER OF SAID EASTERLY LINE AND THE POINT OF BEGINNING; THENCE CONTINUING ON SAID EASTERLY LINE S 87°48’54” W 3.23 FEET TO A CORNER OF SAID EASTERLY LINE; THENCE CONTINUING ON SAID EASTERLY LINE S 01°07’10” E 41.59 FEET; THENCE N 89°56’00” E 3.22 FEET TO THE WEST LINE OF SAID ROCK ISLAND 2ND ADDITION; THENCE ON SAID WEST LINE, N 01°06’40” 41.71 FEET TO THE POINT OF BEGINNING. CONTAINS 134 SQUARE FEET, MORE OR LESS.

SAID PARCELS TO BE ADDED COLLECTIVELY CONTAIN 0.48 ACRES, MORE OR LESS.

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

LEGAL DESCRIPTION OF THE UNION STATION REDEVELOPMENT DISTRICTAFTER ADDITIONAL PROPERTYADDED

Original District

THAT PART OF THE SW1/4 OF SEC. 21, T27S, R1E OF THE 6TH P.M., SEDGWICK COUNTY, KANSAS, DESCRIBED AS BEGINNING AT THE NORTHWEST CORNER OF LOT 1, UNION STATION ADDITION, WICHITA, SEDGWICK COUNTY, KANSAS; THENCE N0°05’00”W ALONG THE EXTENDED WEST LINE OF SAID LOT 1, 114.00 FEET TO THE NORTH RIGHT OF WAY OF DOUGLAS AVENUE; THENCE N89°56’00”E ALONG SAID NORTH RIGHT OF WAY, 580.61 FEET TO THE EAST RIGHT OF WAY OF ROCK ISLAND; THENCE S00°00’00”W, ALONG SAID EAST RIGHT OF WAY, 114.00 FEET TO THE SOUTH RIGHT OF WAY OF DOUGLAS AVENUE; THENCE

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CONTINUING S00°00’00”W, ALONG SAID EAST RIGHT OF WAY, 170.72 FEET; THENCE S89°56’00”W, 185.00 FEET; THENCE S00°00’00”W, 276.30 FEET; THENCE S89°56’W, 3.22 FEET; THENCE S00°02’21”E, 162.89 FEET; THENCE S89°52’30”W, 17.79 FEET; THENCE S00°00’00”W, 174.09 FEET TO A POINT OF CURVATURE OF A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 165.00 FEET AND AN ARC LENGTH OF 58.13 FEET; CHORD BEARING S10°05’32”W, 57.83 FEET; THENCE ALONG SAID CURVE, 58.13 FEET TO A POINT OF REVERSE CURVE OF A CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 260.00 FEET AND AN ARC LENGTH OF 49.94 FEET; THENCE ALONG SAID CURVE, 49.94 FEET; THENCE S89°22’00”W, 57.02 FEET; THENCE S68°20’30”W, 171.05 FEET; THENCE S00°00’00”W, 253.92 FEET; THENCE S83°50’48”W, 101.63 FEET; THENCE N09°45’00”W, 36.96 FEET; TO A POINT OF CURVATURE OF A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 1883.87 FEET AND AN ARC LENGTH OF 317.84 FEET; CHORD BEARING N04°55’00”W, 317.46 FEET; THENCE ALONG SAID CURVE, 317.84 FEET TO A POINT OF TANGENCY; THENCE N0°05’00”W, 864.61 FEET TO THE POINT OF BEGINNING.

Property Added to District:

THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 21, TOWNSHIP 27 SOUTH, RANGE 1 EAST OF THE 6TH PRINCIPAL MERIDIAN AND ROCK ISLAND ADDITION AND ROCK ISLAND 2ND ADDITION AND UNION STATION ADDITION, IN THE CITY OF WICHITA, COUNTY OF SEDGWICK, STATE OF KANSAS, BEING THE SAME PARCELS OF LAND DESCRIBED IN QUITCLAIM DEED RECORDED AS DOC.#/FLM-PG:29743550 AND QUITCLAIM DEED RECORDED AS DOC.#/FLM-PG:29743553 AND CORRECTIVE QUIT CLAIM DEED RECORDED AS DOC.#/FLM-PG:29861413 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

A PARCEL OF LAND DESCRIBED IN DEED BOOK 2974 AND PAGE 3550 AND DESCRIBED AS FOLLOWS:

PARCEL 1:LOT N, EXCEPT THE NORTH 23 FEET 8 INCHES, AND ALL OF LOTS 0 AND P, ROCK ISLAND AVENUE, ROCK ISLAND 2ND ADDITION TO WICHITA, SEDGWICK COUNTY, KANSAS, TOGETHER WITH AN UNPLATTED TRACT OF GROUND DESCRIBED AS FOLLOWS:

BEGINNING AT THE NORTHEAST CORNER OF LOT 1, ON ROCK ISLAND AVENUE, IN ROCK ISLAND ADDITION TO WICHITA, SEDGWICK COUNTY, KANSAS; THENCE WEST 125 FEET ALONG THE NORTH LINE OF SAID LOT 1; THENCE NORTH 5 1/2 FEET TO THE SOUTHWEST CORNER OF LOT P, ON ROCK ISLAND AVENUE, IN ROCK ISLAND 2ND ADDITION TO WICHITA, SEDGWICK COUNTY, KANSAS; THENCE EAST 125 FEET ALONG THE SOUTH LINE OF SAID LOT P; THENCE SOUTH 5 1/2 FEET TO THE PLACE OF BEGINNING.

PARCEL 2:LOTS 1, 3 AND THAT PART OF LOT 5 DESCRIBED AS BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 5; THENCE S 00°00' E ALONG THE EAST LINE OF SAID LOT 5, 8.36 FEET; THENCE S 89°54'35" W, 125 FEET; THENCE N 00°00' E ALONG THE WEST LINE OF SAID LOT 5, 8.41 FEET TO THE NORTHWEST CORNER OF SAID LOT 5; THENCE N 89°56' E ALONG THE NORTH LINE OF SAID LOT 5, 125 FEET TO THE POINT OF BEGINNING, ON ROCK ISLAND AVENUE, IN ROCK ISLAND ADDITION TO WICHITA, SEDGWICK COUNTY, KANSAS.

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PARCEL 3:THAT PART OF THE SOUTHWEST QUARTER OF SECTION 21, TOWNSHIP 27 SOUTH, RANGE 1 EAST OF THE SIXTH PRINCIPAL MERIDIAN, SEDGWICK COUNTY, KANSAS, DESCRIBED AS BEGINNING AT A POINT ON THE WEST LINE OF ROCK ISLAND ADDITION TO WICHITA, SEDGWICK COUNTY, KANSAS, AND 8.41 FEET SOUTH OF THE NORTHWEST CORNER OF LOT 5, ON ROCK ISLAND AVENUE, IN SAID ROCK ISLAND ADDITION TO WICHITA; THENCE S 89°54'35" W, 3.10 FEET; THENCE N 00°02'21" W, 121.24 FEET; THENCE N 89°56' E, 3.22 FEET TO A POINT ON THE WEST LINE OF SAID ROCK ISLAND ADDITION; THENCE SOUTH TO THE POINT OF BEGINNING.

TOGETHER WITH,

A PARCEL OF LAND DESCRIBED IN DEED BOOK 2974 AND PAGE 3553 AND DESCRIBED AS FOLLOWS:

PARCEL 4:THE NORTH 23 FEET 8 INCHES OF LOT N, AND THE SOUTH 18 FEET 1 INCH OF LOT M, ROCK ISLAND AVENUE, ROCK ISLAND 2ND ADDITION TO WICHITA, SEDGWICK COUNTY, KANSAS.

TOGETHER WITH,

A PARCEL OF LAND DESCRIBED IN DEED BOOK 2986 AND PAGE 1413 ON JULY 11, 2019 AS FOLLOWS:

PARCEL 5:THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 21, TOWNSHIP 27 SOUTH, RANGE 1 EAST OF THE 6TH PRINCIPAL MERIDIAN IN THE CITY OF WICHITA, COUNTY OF SEDGWICK, STATE OF KANSAS, BEING DESCRIBED AS FOLLOWS:COMMENCING AT THE SOUTHWEST CORNER OF LOT 3, UNION STATION ADDITION RECORDED IN PLAT BOOK AND PAGE S1-4-21; THENCE ON THE EAST LINE OF LOT 1 OF SAID UNION STATION ADDITION ALSO BEING THE WEST LINE OF ROCK ISLAND 2ND ADDITION RECORDED IN PLAT BOOK AND PAGE R2-2-4, S 00°59’44” E 58.33 FEET TO A CORNER OF SAID EASTERLY LINE AND THE POINT OF BEGINNING; THENCE CONTINUING ON SAID EASTERLY LINE S 87°48’54” W 3.23 FEET TO A CORNER OF SAID EASTERLY LINE; THENCE CONTINUING ON SAID EASTERLY LINE S 01°07’10” E 41.59 FEET; THENCE N 89°56’00” E 3.22 FEET TO THE WEST LINE OF SAID ROCK ISLAND 2ND ADDITION; THENCE ON SAID WEST LINE, N 01°06’40” 41.71 FEET TO THE POINT OF BEGINNING. CONTAINS 134 SQUARE FEET, MORE OR LESS.

AGGREGATE PROPERTY WITHIN DISTRICT BOUNDARIES CONTAINS 9.89 ACRES MORE OR LESS.

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SCHEDULE 1

MAP GENERALLY DEPICTING PROJECT AREAS

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SECOND READING ORDINANCES FOR AUGUST 11, 2020 (FIRST READ AUGUST 4, 2020)

a. ORDINANCE NO. 51-315AN ORDINANCE MAKING AND FIXING GENERAL TAX LEVY FOR THE CITY OF WICHITA, KANSAS, FOR THE YEAR BEGINNING JANUARY 1, 2021, AND ENDING DECEMBER 31, 2021, AND RELATING THERETO, AND CONCURRENTLY APPROVING CERTAIN AMENDMENTS TO THE 2020 ADOPTED BUDGET.

b. ORDINANCE NO. 51-316AN ORDINANCE MAKING AND FIXING GENERAL TAX LEVY FOR THE DOWNTOWN WICHITA SELF-SUPPORTED MUNICIPAL IMPROVEMENT DISTRICT FOR THE YEAR BEGINNING JANUARY 1, 2021, AND ENDING DECEMBER 31, 2021.

c. ORDINANCE NO. 51-317AN ORDINANCE MAKING AND FILING AN INCREMENT IN AD VALOREM TAXES FOR THE GILBERT AND MOSLEY SITE REDEVELOPMENT DISTRICT, CITY OF WICHITA, KANSAS, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2021, AND ENDING DECEMBER 31, 2021.

d. ORDINANCE NO. 51-318AN ORDINANCE MAKING AND FILING AN INCREMENT IN AD VALOREM TAXES FOR THE NORTH INDUSTRIAL CORRIDOR REDEVELOPMENT DISTRICT, CITY OF WICHITA, KANSAS, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2021, AND ENDING DECEMBER 31, 2021.

e. ORDINANCE NO. 51-319AN ORDINANCE MAKING AND FILING AN INCREMENT IN AD VALOREM TAXES FOR THE EAST BANK REDEVELOPMENT DISTRICT, CITY OF WICHITA, KANSAS, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2021, AND ENDING DECEMBER 31, 2021.

f. ORDINANCE NO. 51-320AN ORDINANCE MAKING AND FILING AN INCREMENT IN AD VALOREM TAXES FOR THE OLD TOWN CINEMA REDEVELOPMENT DISTRICT, CITY OF WICHITA, KANSAS, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2021, AND ENDING DECEMBER 31, 2021.

g. ORDINANCE NO. 51-321AN ORDINANCE MAKING AND FILING AN INCREMENT IN AD VALOREM TAXES FOR THE NORTHEAST REDEVELOPMENT DISTRICT, CITY OF WICHITA, KANSAS, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2021, AND ENDING DECEMBER 31, 2021.

h. ORDINANCE NO. 51-322AN ORDINANCE MAKING AND FILING AN INCREMENT IN AD VALOREM TAXES FOR THE KEN MAR REDEVELOPMENT DISTRICT, CITY OF WICHITA, KANSAS, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2021, AND ENDING DECEMBER 31, 2021.

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i. ORDINANCE NO. 51-323AN ORDINANCE MAKING AND FILING AN INCREMENT IN AD VALOREM TAXES FOR THE CENTER CITY SOUTH REDEVELOPMENT DISTRICT, CITY OF WICHITA, KANSAS, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2021, AND ENDING DECEMBER 31, 2021.

j. ORDINANCE NO. 51-324AN ORDINANCE MAKING AND FILING AN INCREMENT IN AD VALOREM TAXES FOR THE DOUGLAS & HILLSIDE REDEVELOPMENT DISTRICT, CITY OF WICHITA, KANSAS, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2021, AND ENDING DECEMBER 31, 2021.

k. ORDINANCE NO. 51-325AN ORDINANCE MAKING AND FILING AN INCREMENT IN AD VALOREM TAXES FOR THE UNION STATION REDEVELOPMENT DISTRICT, CITY OF WICHITA, KANSAS, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2021, AND ENDING DECEMBER 31, 2021.

l. ORDINANCE NO. 51-326AN ORDINANCE MAKING AND FILING AN INCREMENT IN AD VALOREM TAXES FOR THE SOUTHFORK DISTRICT, CITY OF WICHITA, KANSAS, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2021, AND ENDING DECEMBER 31, 2021.

m. ORDINANCE NO. 51-327AN ORDINANCE MAKING AND FILING AN INCREMENT IN AD VALOREM TAXES FOR THE WEST BANK DISTRICT, CITY OF WICHITA, KANSAS, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2021, AND ENDING DECEMBER 31, 2021.

n. ORDINANCE NO. 51-331AN ORDINANCE APPROVING AN AGREEMENT REGARDING THE REASSESSMENT OF CERTAIN SPECIAL ASSESSMENTS LEVIED BY THE CITY OF WICHITA, KANSAS TO PAY THE COSTS OF CERTAIN INTERNAL IMPROVEMENTS.

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Agenda Item No. II-13

City of WichitaCity Council Meeting

August 11, 2020

TO: Mayor and City Council

SUBJECT: VAC2020-00010 – Vacation of a Portion of North Kansas Avenue and a Portion of an Alley; Generally Located on the East Side of North Hydraulic Avenue and One Block South of East 13th Street North, 1270 North Kansas (District I)

INITIATED BY: Metropolitan Area Planning Department

AGENDA: Planning (Consent)

MAPC Recommendation: The Metropolitan Area Planning Commission recommends approval of the vacation request (10-0-1).

Staff Recommendation: Staff recommends approval of the vacation request.

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Background: The applicant is requesting the vacation of a portion of the platted Minnie Avenue (now Kansas Avenue) public street right-of-way lying south of the south right-of-way line of 12th Street; dedicated in the Rosenthall’s 2nd Addition to Wichita, Sedgwick County, Kansas. The proposed vacation will not impact the function of this portion of Kansas Avenue as it is currently used as a private drive for the applicant. The church to the south of the vacation area does not currently have access to its property via this portion of Kansas Avenue and has signed the vacation petition in support of this application. There is a water main in the vacation area that will need to be retained by easement. Rosenthall’s 2nd Addition was recorded with the Register of Deeds September 7, 1886.

The applicant is also requesting the vacation of a portion of the platted Kansas Avenue public street right-of-way lying north of the north right-of-way line of Rumsey Avenue; dedicated in the Matlock Manor Addition to Wichita, Sedgwick County, Kansas. The proposed vacation will not impact the function of this portion of Kansas Avenue as it is currently unimproved. The church to the west of the vacation area has signed the vacation petition in support of this application. There are no public utilities located in the vacation area. Matlock Manor Addition was recorded with the Register of Deeds on May 28, 1952.

The applicant is also requesting the vacation of a portion of the platted alley right-of-way lying south of the south right-of-way line of 12th Street; dedicated in the Rosenthall’s 2nd Addition to Wichita, Sedgwick County, Kansas. All properties that abut the alley are owned by the applicant. There is a sewer main in the vacation area that will need to be retained by easement. Rosenthall’s 2nd Addition was recorded with the Register of Deeds September 7, 1886.

An application to vacate the above portions was originally heard by the MAPC in December of 2000. That case, VAC2000-00045, was never taken to the City Council for final action.

Analysis: The Metropolitan Area Planning Commission (MAPC) voted (10-0-1) to approve the vacation request. No members of the public spoke in opposition to this request at the MAPC’s advertised public hearing or its Subdivision Committee meeting. No written protests were filed for this case. Therefore, a simple-majority vote is required.

Financial Considerations: All improvements are to City standards and at the applicant’s expense.

Legal Considerations: The Law Department has reviewed and approved, as to form, the Vacation Order. The Law Department concurs that the approval of the Vacation Order is in accordance with City policy. The original Vacation Order will be recorded with the Sedgwick County Register of Deeds.

Recommendation/Actions: It is recommended that the City Council follow the recommendation of the Metropolitan Area Planning Commission and approve the Vacation Order (simple majority of four votes required) and authorize the necessary signatures.

Attachments: MAPC Min Excerpt Vacation Order Declaration

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Agenda Item No. II-14

City of WichitaCity Council Meeting

August 11, 2020

TO: Mayor and City Council

SUBJECT: VAC2020-00016 – City Vacation of a Platted Utility Easement on Property Zoned LC Limited Commercial; Generally Located North of East 37th Street North and East of North Woodlawn Boulevard, 3810 North Woodlawn Boulevard (District I)

AINITIATED BY: Metropolitan Area Planning Department

AGENDA: Planning (Consent)

MAPC Recommendation: The Metropolitan Area Planning Commission recommends approval of the vacation request (11-0).

Staff Recommendation: Staff recommends approval of the vacation request.

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Background: The applicant has requested the vacation of a ten-foot platted utility easement on property addressed 3810 North Woodlawn Boulevard. This property is generally located on the northeast corner of North Woodlawn Boulevard and East 37th Street North. The purpose of this vacation is to construct a parking lot, drive entrance, and building on the property.

There are no public utilities located within the easement. Evergy has equipment in the easement. They do not have any objection; however any relocation or removal of the equipment will be at the applicant’s expense. The site occupies a portion of Lot 2, Carpenter, R&L 3rd Addition, which was recorded in October 1997. The majority of the site was platted as Lot B, Block 1, Chisholm Creek Addition, which was recorded in October 1973.

Analysis: The Metropolitan Area Planning Commission (MAPC) voted (11-0) to approve the vacation request. No one spoke in opposition to this request at the MAPC’s advertised public hearing or its Subdivision Committee meeting.

Financial Considerations: All improvements are to City standards and at the applicant’s expense.

Legal Considerations: The Law Department has reviewed and approved, as to form, the Vacation Order. The Law Department concurs that the approval of the Vacation Order is in accordance with City policy. The original Vacation Order will be recorded with the Sedgwick County Register of Deeds.

Recommendation/Actions: It is recommended that the City Council follow the recommendation of the Metropolitan Area Planning Commission and approve the Vacation Order (simple majority of four votes required) and authorize the necessary signatures.

Attachments: Vacation Order MAPC Min Excerpt

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EXCERPT MINUTES OF THE JULY 9, 2020 WICHITA-SEDGWICK COUNTY METROPOLITAN AREA PLANNING COMMISSION HEARING

3-1. Case No. VAC2020-00016: City vacation of a platted utility easement on property zone LC Limited Commercial; generally located north of East 37th Street North and east of North Woodlawn Avenue (3810 North Woodlawn Avenue).

The South 10 feet of Lot 2 except that portion that is included in the east 20 feet of the North/South Utility/Drainage Easement of the R & L Carpenter Addition; and the North 5 feet of Lot B, Block 1, except that portion that is included in the east 5 feet of the North/South Utility/Drainage Easement, Chisholm Creek Addition.

The applicant has requested the vacation of a ten-foot platted utility easement on property addressed 3810 North Woodlawn Boulevard. This property is generally located on the northeast corner of North Woodlawn Boulevard. and East 37th Street North. The purpose of this vacation is to construct a parking lot, drive entrance, and building on the property.

There are no public utilities located within the easement. Evergy has equipment in the easement. They do not have any objection; however any relocation or removal of the equipment will be at the applicant’s expense. Becky Thompson is the Area Construction Service Representative and can be contacted at 261-6320 with any questions. The site occupies a portion of Lot 2, Carpenter, R&L 3rd Addition, which was recorded in October 1997. The majority of the site was platted as Lot B, Block 1, Chisholm Creek Addition, which was recorded in October 1973.

Based upon information available prior to the public hearing and reserving the right to make recommendations based on subsequent comments from City Traffic, Public Works/Water & Sewer/Stormwater, Fire, franchised utility representatives and other interested parties, Planning Staff has listed the following considerations (but not limited to) associated with the request to vacate the described portion of the platted utility easement.

A. That after being duly and fully informed as to fully understand the true nature of this petition and the propriety of granting the same, the MAPC makes the following findings:

1. That due and legal notice has been given by publication as required by law, in the Wichita Eagle, of notice of this vacation proceeding one time June 18, 2020, which was at least 20 days prior to this public hearing.

2. That no private rights will be injured or endangered by vacating the described portion of the platted utility easement and that the public will suffer no loss or inconvenience thereby.

3. In justice to the petitioner, the prayer of the petition ought to be granted.

Conditions (but not limited to) associated with the request:

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(1) If any utility services are found to be located within the area of the proposed Vacation, these services shall be relocated at the owner’s expense, to city standards, and the applicant shall provide Planning with the dedication of utility easements by separate instruments to go with the Vacation Order to be filed with the Register of Deeds. If relocation is not possible then this Vacation shall be rendered void as the current easement must remain in place.

(2) Per MAPC Policy Statement #7, all conditions are to be completed within one year of approval by the MAPC or the vacation request will be considered null and void. All vacation requests are not complete until the Wichita City Council or the Sedgwick County Board of County Commissioners have taken final action on the request and the vacation order and all required documents have been provided to the City, County and/or franchised utilities and the necessary documents have been recorded with the Register of Deeds.

SUBDIVISION COMMITTEE’S RECOMMENDED ACTION

The Subdivision Committee recommends approval per staff recommendations.

MOTION: To approve subject to the recommendation of the Subdivision Committee and staff recommendation.

DUXLER moved, FLORENCE seconded the motion, and it carried (11-0).

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August 11, 2020 1VAC2020-00016

BEFORE THE CITY COUNCIL OF THECITY OF WICHITA, SEDGWICK COUNTY, KANSAS

IN THE MATTER OF THE VACATION OF A )PLATTED UTILITY EASEMENT )

))))

GENERALLY LOCATED NORTH OF EAST 37TH ) VAC2020-00016NORTH AND EAST OF NORTH WOODLAWN )BOULEVARD )

)))

MORE FULLY DESCRIBED BELOW )

VACATION ORDER

NOW on this 11th day of August, 2020, comes on for hearing the petition for vacationfiled by Fisel Corporation (owner), praying for the vacation of described portion of platted utility easement, to wit:

Vacate all of the 10-foot utility easement centered between Lot 1 and Lot 2, R & L Carpenter 3rd Addition, Wichita, Sedgwick County, Kansas; lying east of the east right-of-way line for Woodlawn Avenue and lying west of the west line of the platted 20-foot drainage and utility easement along the east side of said Lots.

The City Council, after being duly and fully informed as to fully understand the truenature of this petition and the propriety of granting the same, makes the following findings:

1. That due and legal notice has been given by publication, as required by law, inThe Wichita Eagle on June 18, 2020, which was at least 20 days prior to the public hearing.

2. No private rights will be injured or endangered by the vacation of the describedportion of the platted utility easement, and the public will suffer no loss or inconvenience thereby.

3. In justice to the petitioner(s), the prayer of the petition ought to be granted.

4. No written objection to said vacation has been filed with the City Clerk by any owner or adjoining owner who would be a proper party to the petition.

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6. The vacation of the described portion of the platted utility easement, should be approved.

IT IS, THEREFORE, BY THE CITY COUNCIL, on this 11th day of August, 2020, orderedthat the described portion of the platted utility easement is hereby vacated. IT IS FURTHER ORDERED that the City Clerk shall send this original Vacation Order to the Register of Deeds of Sedgwick County.

CITY OF WICHITA, KANSAS

____________________________ Brandon J. Whipple, Mayor

ATTEST:

______________________________Karen Sublett, City Clerk

Approved as to Form:

_______________________________Jennifer Magana, City Attorney and Director of Law

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Agenda Item No. II-15

City of WichitaCity Council Meeting

August 11, 2020

TO: Mayor and City Council

SUBJECT: VAC2020-00017 – City Vacation of a 30-Foot Unconstructed Street Right-of-Way to Extend the Owner’s Property Line on Property Zoned SF-5 Single Family Residential and Generally Located One-Quarter Mile East of North West Street and One-Quarter Mile South of West 13th Street North (3534 West 11th Street North) (District VI)

INITIATED BY: Metropolitan Area Planning Department

AGENDA: Planning (Consent)

MAPC Recommendation: The Metropolitan Area Planning Commission recommends approval of the vacation request (11-0).

Staff Recommendation: Staff recommends approval of the vacation request.

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Background: The applicant is requesting the vacation of the portion of the platted Nelson Street right-of-way abutting his property to the east for the purposes of extending his property for a larger yard. This right-of-way is generally located one-quarter mile east of North West Street and one-quarter mile south of West 13th Street North. The applicant’s property abuts this right-of-way on the west and is addressed as 3534 West 11th Street North. This 30-foot portion of Nelson Street was never constructed. The Pleasant Acres Addition to the east of the right-of-way never dedicated the additional 30 feet for Nelson Street to be constructed. Therefore, all 30-feet of this right-of-way will be deeded to the applicant. If this vacation is approved, no property will be deprived of access. The right-of-way has power poles and an easement shall be dedicated. There is a sewer line that runs east/west at the north end of the right-of-way in question. Any easement retained for the other utilities will provide access to this line as well. Evergy confirmed the presence of streetlight poles and lines in the area. They request an easement be retained. The La Placita Park Addition was recorded with the Register of Deeds June 1954.

Analysis: The Metropolitan Area Planning Commission (MAPC) voted (11-0) to approve the vacation request. No one spoke in opposition to this request at the MAPC’s advertised public hearing or its Subdivision Committee meeting.

Financial Considerations: All improvements are to City standards and at the applicant’s expense.

Legal Considerations: The Law Department has reviewed and approved, as to form, the Vacation Order. The Law Department concurs that the approval of the Vacation Order is in accordance with City policy. The original Vacation Order will be recorded with the Sedgwick County Register of Deeds.

Recommendation/Actions: It is recommended that the City Council follow the recommendation of the Metropolitan Area Planning Commission and approve the Vacation Order (simple majority of four votes required) and authorize the necessary signatures.

Attachments: Vacation Order MAPC Min Excerpt Utility Easement Restrictive Covenant

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EXCERPT MINUTES OF THE JULY 9, 2020 WICHITA-SEDGWICK COUNTY METROPOLITAN AREA PLANNING COMMISSION HEARING

3-2. Case No. VAC2020-00017: City vacation of a 30-foot unconstructed street right-of-way to extend the owner’s property line on property zoned SF-5 Single Family Residential; generally located ¼ mile east of North West Street and ¼ mile south of West 13th Street North (3534 West 11th Street North).

That part of Nelson Street, described as Beginning at the S.E. Corner of Lot 13, Block D, La Placita Park Addition to Wichita, Sedgwick County, Kansas; thence East, along the extended South like of said Lot 13, 30 feet; thence North, parallel with the East line of said lot 13, 134 feet to the North line of said Lot 13 extended East; thence West, 30 feet to the N.E. Corner of said Lot 13; thence South, along the East line of said Lot 13, 134 feet to the Point of Beginning.

The applicant is requesting the vacation of the portion of the platted Nelson Street right-of-way abutting his property to the east for the purposes of extending his property for a larger yard. This right-of-way is generally located one-quarter mile east of North West Street and one-quarter mile south of West 13th Street North. The applicant’s property abuts this right-of-way on the west and is addressed as 3534 West 11th

Street North. This 30-foot portion of Nelson Street was never constructed. The Pleasant Acres Addition to the east of the right-of-way never dedicated the additional 30 feet for Nelson Street to be constructed. Therefore, all 30-feet of this right-of-way will be deeded to the applicant. If this vacation is approved, no property will be deprived of access. The right-of-way has power poles and an easement shall be dedicated. There is a sewer line that runs east/west at the north end of the right-of-way in question. Any easement retained for the other utilities will provide access to this line as well. Evergy confirmed the presence of streetlight poles and lines in the area. They request an easement be retained. Richard Aitken is the Area Construction Service Representative for this case and can be contacted at 261-6334 with any questions. The La Placita Park Addition was recorded with the Register of Deeds June 1954.

Based upon information available prior to the public hearing and reserving the right to make recommendations based on subsequent comments from City Public Works, Water & Sewer, Stormwater, Traffic, Fire, franchised utility representatives and other interested parties, Planning Staff has listed the following considerations (but not limited to) associated with the request to vacate the described public street right-of-way.

A. That after being duly and fully informed as to fully understand the true nature of this petition and the propriety of granting the same, the MAPC makes the following findings:

1. That due and legal notice has been given by publication as required by law, in the Wichita Eagle, of notice of this vacation proceeding one time June 18, 2020, which was at least 20 days prior to this public hearing.

2. That no private rights will be injured or endangered by vacating the described portion of the platted street right-of-way and that the public will suffer no loss or inconvenience thereby.

3. In justice to the petitioner, the prayer of the petition ought to be granted.

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Conditions (but not limited to) associated with the request:

(1) Provide a covenant, with original signatures, binding and tying the described vacated public street right-of-way to the applicants’ abutting property. This must be provided to Planning prior to this case proceeding to City Council for final action and subsequent recording with the Vacation Order at the Sedgwick County Register of Deeds and the Sedgwick County Appraisers Office.

(2) Dedicate a utility and access easement, by separate instrument, for the described area of the right-of-way. This shall be submitted to Planning, with originals signatures, prior to this case proceeding to City Council for final action and subsequent recording with the Vacation Order at the Sedgwick County Register of Deeds.

(3) As needed provide utilities with any needed project plans for the relocation of utilities for review and approval. Any relocation/reconstruction of utilities made necessary by this vacation shall be to City Standards and shall be the responsibility and at the expense of the applicants. Provide an approved project number(s) to Planning prior to the case going to City Council for final action.

(4) All improvements shall be according to City Standards and at the applicants’ expense.

(5) Per MAPC Policy Statement #7, all conditions are to be completed within one year of approval by the MAPC or the vacation request will be considered null and void. All vacation requests are not complete until the Wichita City Council or the Sedgwick County Board of County Commissioners have taken final action on the request and the vacation order and all required documents have been provided to the City, County and/or franchised utilities and the necessary documents have been recorded with the Register of Deeds.

SUBDIVISION COMMITTEE’S RECOMMENDED ACTION

The Subdivision Committee recommends approval per staff recommendations.

MOTION: To approve subject to the recommendation of the Subdivision Committee and staff recommendation.

DUXLER moved, FLORENCE seconded the motion, and it carried (11-0).

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August 11, 2020 1VAC2020-00017

BEFORE THE CITY COUNCIL OF THECITY OF WICHITA, SEDGWICK COUNTY, KANSAS

IN THE MATTER OF THE VACATION OF A PORTION )OF PLATTED STREET RIGHT-OF-WAY )

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GENERALLY LOCATED ONE QUARTER MLE EAST ) VAC2020-00017OF NORTH WEST STREET AND ONE QUARTER MILE )SOUTH OF WEST 13TH STREET NORTH )

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VACATION ORDER

NOW on this 11th day of August, 2020, comes on for hearing the petition for vacationfiled by Jason Hatfield (owner), praying for the vacation of described portion of platted street right-of-way, to wit:

Vacate that part of Nelson Street, described as Beginning at the S.E. Corner of Lot 13, Block D, La Placita Park Addition to Wichita, Sedgwick County, Kansas; thence East, along the extended south line of said Lot 13, 30 feet; thence North, parallel with the East line of Said Lot 13, 134 feet to the North line of said Lot 13 extended East; thence West 30 feet to the N.E. Corner of Said Lot 13; thence South along the East Line of said Lot 13, 134 feet to the Point of Beginning.

The City Council, after being duly and fully informed as to fully understand the truenature of this petition and the propriety of granting the same, makes the following findings:

1. That due and legal notice has been given by publication, as required by law, inThe Wichita Eagle on June 18, 2020, which was at least 20 days prior to the public hearing.

2. No private rights will be injured or endangered by the vacation of the describedportion of the platted street right-of-way, and the public will suffer no loss or inconvenience thereby.

3. A dedication of abutter’s access rights, by separate instrument, along the East line

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of the described property shall be recorded with the Vacation Order at the Register of Deed of Sedgwick County.

4. A dedication of a utility easement, by separate instrument shall be recorded with the Vacation Order at the Register of Deeds of Sedgwick County.

5. In justice to the petitioner(s), the prayer of the petition ought to be granted.

6. No written objection to said vacation has been filed with the City Clerk by any owner or adjoining owner who would be a proper party to the petition.

7. The vacation of the described portion of the platted street right-of-way, should be approved.

IT IS, THEREFORE, BY THE CITY COUNCIL, on this 11th day of August 2020, orderedthat the described portion of the platted street right-of-way is hereby vacated. IT IS FURTHER ORDERED that the City Clerk shall send this original Vacation Order to the Register of Deeds of Sedgwick County.

CITY OF WICHITA, KANSAS

____________________________ Brandon J. Whipple, Mayor

ATTEST:

______________________________Karen Sublett, City Clerk

Approved as to Form:

_______________________________Jennifer Magana, City Attorney and Director of Law

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Agenda Item No. II-16

City of WichitaCity Council Meeting

August 11, 2020

TO: Mayor and City Council

SUBJECT: VAC2020-00018 – City Vacation of a Platted Floodway Easement on Property Zoned SF-5 Single Family Residential and Generally Located One-Quarter Mile West of North Webb Road and One-Half Mile North of East 21st Street North, 9032 East Lakpoint (District II)

INITIATED BY: Metropolitan Area Planning Department

AGENDA: Planning (Consent)

MAPC Recommendation: The Metropolitan Area Planning Commission recommends approval of the vacation request (11-0).

Staff Recommendation: Staff recommends approval of the vacation request.

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Background: The applicant proposes to vacate a portion of a 65-foot platted floodway easement located on the southeast side of the 0.7-acre Lot 1, Block 1, Woodspring 2nd Addition. The plattor’s text states the following regarding the platted floodway easement: “(t)he floodway easement shall be the responsibility of the individual lot owners. Provided further, that no structure shall be constructed on or within said floodway easement, nor shall any fill, change of grade, creation of channel or other work be carried on without the permission of the Wichita-Valley Center Flood Control Office or their successors of office.” The applicant has constructed a covered deck, which encroaches into the floodway. As seen on the floodway exhibit, the proposed vacated portion of the drainage reserve appears to be located outside of the current recognized FEMA flood plain for this area.

A public sewer line is located on the southwest portion of the subject vacation area. However, the sewer line is within a 15-foot platted utility easement that overlaps the floodway easement and is not part of the vacation request and will remain. City Storm Water confirmed that this area is outside of the actual floodway and does not feel a drainage easement is necessary. Evergy does not have any equipment in the area. The Woodspring 2nd Addition was recorded with the Register of Deeds August 23, 1983.

Analysis: The Metropolitan Area Planning Commission (MAPC) voted (11-0) to approve the vacation request. No one spoke in opposition to this request at the MAPC’s advertised public hearing or its Subdivision Committee meeting.

Financial Considerations: All improvements are to City standards and at the applicant’s expense.

Legal Considerations: The Law Department has reviewed and approved, as to form, the Vacation Order. The Law Department concurs that the approval of the Vacation Order is in accordance with City policy. The original Vacation Order will be recorded with the Sedgwick County Register of Deeds.

Recommendation/Actions: It is recommended that the City Council follow the recommendation of the Metropolitan Area Planning Commission and approve the Vacation Order (simple majority of four votes required) and authorize the necessary signatures.

Attachments: Vacation Order MAPC Min Excerpt

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EXCERPT MINUTES OF THE JULY 9, 2020 WICHITA-SEDGWICK COUNTY METROPOLITAN AREA PLANNING COMMISSION HEARING

3-3. Case No. VAC2020-00018: City vacation of a portion of a platted floodway easement on property zoned SF-5 Single Family Residential; generally located about a quarter mile west of North Webb Road and a half mile north of East 21st Street North (9032 East Lakepoint).

Generally described as vacating the westerly 20.00 of the platted 65 foot Floodway Easement, said westerly 20.00 feet being parallel with the westerly line of said easement and lying within Lot 1, Block 1, Woodspring 2nd Addition, Wichita, Sedgwick County, Kansas; EXCEPT the northerly 25.00 feet thereof, said northerly 25.00 feet being parallel with the northerly line of said Lot 1.

The applicant proposes to vacate a portion of a 65-foot platted floodway easement located on the southeast side of the 0.7-acre Lot 1, Block 1, Woodpsring 2nd Addition. The plattor’s text states the following regarding the platted floodway easement: “(t)he floodway easement shall be the responsibility of the individual lot owners. Provided further, that no structure shall be constructed on or within said floodway easement, nor shall any fill, change of grade, creation of channel or other work be carried on without the permission of the Wichita-Valley Center Flood Control Office or their successors of office.” The applicant has constructed a covered deck which encroaches into the floodway. As seen on the floodway exhibit, the proposed vacated portion of the drainage reserve appears to be located outside of the current recognized FEMA flood plain for this area.

A public sewer line is located on the southwest portion of the subject vacation area. However, the sewer line is within a 15-foot platted utility easement that overlaps the floodway easement and is not part of the vacation request and will remain. City Storm Water confirmed that this area is outside of the actual floodway. They do not feel a drainage easement is necessary. Evergy does not have any equipment in the area. Becky Thompson is the Area Construction Service Representative and can be contacted at 261-6320 with any questions. The Woodspring 2nd Addition was recorded with the Register of Deeds August 23, 1983.

Based upon information available prior to the public hearing and reserving the right to make recommendations based on subsequent comments from City Public Works, franchised utility representatives and other interested parties, Planning Staff has listed the following considerations (but not limited to) associated with the request to vacate the described portion of the platted drainage reserve.

A. That after being duly and fully informed as to fully understand the true nature of this petition and the propriety of granting the same, the MAPC makes the following findings:

1. That due and legal notice has been given by publication as required by law, in the Wichita Eagle, of notice of this vacation proceeding one time June 18, 2020 which was at least 20 days prior to this public hearing.

2. That no private rights will be injured or endangered by vacating the described portion of the platted floodway easement and that the public will suffer no loss or inconvenience thereby.

3. In justice to the petitioner, the prayer of the petition ought to be granted.

Conditions (but not limited to) associated with the request:

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(1) Vacate that portion platted floodway easement, as approved by City Public Works. Provide Planning Staff with a legal description of the approved vacated portion of the platted drainage reserve on a Word document, via e-mail, to be used on the Vacation Order and Vacation Petition. All documents must be provided to Planning prior to the case going to the Wichita City Council for final action.

(2) Any relocation or reconstruction of utilities made necessary by this vacation shall be the responsibility of the applicants and at the applicants’ expense.

(3) Per MAPC Policy Statement #7, all conditions are to be completed within one year of approval by the MAPC or the vacation request will be considered null and void. All vacation requests are not complete until the Wichita City Council or the Sedgwick County Board of County Commissioners have taken final action on the request and the vacation order and all required documents have been provided to the City, County and/or franchised utilities and the necessary documents have been recorded with the Register of Deeds.

SUBDIVISION COMMITTEE’S RECOMMENDED ACTION

The Subdivision Committee recommends approval per staff recommendations.

MOTION: To approve subject to the recommendation of the Subdivision Committee and staff recommendation.

DUXLER moved, FLORENCE seconded the motion, and it carried (11-0).

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August 11, 2020 1VAC2020-00018

BEFORE THE CITY COUNCIL OF THECITY OF WICHITA, SEDGWICK COUNTY, KANSAS

IN THE MATTER OF THE VACATION OF A )PLATTED FLOODWAY EASEMENT )

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GENERALLY LOCATED ONE-QUARTER MILE WEST ) VAC2020-00018OF NORTH WEBB ROAD AND ONE-HALF MILE )NORTH OF EAST 21ST STREET NORTH )

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MORE FULLY DESCRIBED BELOW )

VACATION ORDER

NOW on this 11th day of August, 2020, comes on for hearing the petition for vacationfiled by Kenneth and Lisa Schmiedbauer (owners), praying for the vacation of described portion of platted 65-foot floodway easement, to wit:

Vacate the westerly 20.00 feet of the platted 65-foot Floodway Easement, said westerly 20.00 feet being parallel with the westerly line of said easement and lying within Lot 1, Block 1, Woodspring 2nd Addition, Wichita, Sedgwick County, Kansas; EXCEPT the northerly 25.00 feet thereof, said northerly 25.00 feet being parallel with the northerly line of said Lot 1.

The City Council, after being duly and fully informed as to fully understand the truenature of this petition and the propriety of granting the same, makes the following findings:

1. That due and legal notice has been given by publication, as required by law, inThe Wichita Eagle on June 18, 2020, which was at least 20 days prior to the public hearing.

2. No private rights will be injured or endangered by the vacation of the describedportion of the platted 65-foot floodway easement, and the public will suffer no loss or inconvenience thereby.

3. In justice to the petitioner(s), the prayer of the petition ought to be granted.

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4. No written objection to said vacation has been filed with the City Clerk by any owner or adjoining owner who would be a proper party to the petition.

5. The vacation of the described portion of the platted 65-foot floodway easement, should be approved.

IT IS, THEREFORE, BY THE CITY COUNCIL, on this 11th day of August, 2020, orderedthat the described portion of the platted 65-foot floodway easement is hereby vacated. IT IS FURTHER ORDERED that the City Clerk shall send this original Vacation Order to the Register of Deeds of Sedgwick County.

CITY OF WICHITA, KANSAS

____________________________ Brandon J. Whipple, Mayor

ATTEST:

______________________________Karen Sublett, City Clerk

Approved as to Form:

_______________________________Jennifer Magana, City Attorney and Director of Law

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Agenda Item No. II-17

City of WichitaCity Council Meeting

August 11, 2020

TO: Mayor and City Council

SUBJECT: VAC2020-00019 – City Vacation of a Portion of a Platted Drainage of Utility Easement on Property Zoned SF-5 Single Family Residential and Generally Located One-Quarter Mile East of North Ridge Road and One-Quarter Mile North of West 37th Street North. (District V)

INITIATED BY: Metropolitan Area Planning Department

AGENDA: Planning (Consent)

MAPC Recommendation: The Metropolitan Area Planning Commission recommends approval of the vacation request (11-0).

Staff Recommendation: Staff recommends approval of the vacation request.

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Background: The applicant has requested the vacation of a portion of the ten-foot platted drainage andutility easement on described as Lot 6, Block 1, Estancia 2nd Addition. This property is generally located one-quarter mile east of North Ridge Road and one-quarter mile north of West 37th Street North. The purpose of this request is to vacate a non-utilized easement on the property. There are no public utilitieslocated within the easement. Evergy has no objection to this request. The Estancia 2nd Addition was recorded September 6, 2019.

Analysis: The Metropolitan Area Planning Commission (MAPC) voted (11-0) to approve the vacation request. No one spoke in opposition to this request at the MAPC’s advertised public hearing or its Subdivision Committee meeting.

Financial Considerations: All improvements are to City standards and at the applicant’s expense.

Legal Considerations: The Law Department has reviewed and approved, as to form, the Vacation Order. The Law Department concurs that the approval of the Vacation Order is in accordance with City policy. The original Vacation Order will be recorded with the Sedgwick County Register of Deeds.

Recommendation/Actions: It is recommended that the City Council follow the recommendation of the Metropolitan Area Planning Commission and approve the Vacation Order (simple majority of four votes required) and authorize the necessary signatures.

Attachments: Vacation Order MAPC Min Excerpt

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EXCERPT MINUTES OF THE JULY 9, 2020 WICHITA-SEDGWICK COUNTY METROPOLITAN AREA PLANNING COMMISSION HEARING

3-4. Case No. VAC2020-00019: City vacation of a portion of a platted drainage and utility easement on property zoned SF-5; generally located a quarter mile east of North Ridge Road and a quarter mile north of West 37th Street North near the intersection of Estancia Street and Palmetto Street in the Estancia 2nd Addition.

Described as vacating the west 10.00 feet of Lot 6, Block 1, Estancia 2nd Addition, Wichita, Sedgwick County, Kansas, EXCEPT the north 15,00 feet and the south 10.00 feet thereof.

The applicant has requested the vacation of a portion of the ten-foot platted utility easement on described as Lot 6, Block 1, Estancia 2nd Addition. This property is generally located one-quarter mile east of North Ridge Road and one-quarter mile north of West 37th Street North. The purpose of this request is to vacate a non-utilized easement on the property.

There are no public utilities located within the easement. Evergy has no objection to this request. Heide Bryan is the Subdivision Representative. She has been working with the agent for the applicant on this case. She can be contacted at 261-6354 with any questions. The Estancia 2nd Addition was recorded September 6, 2019.

Based upon information available prior to the public hearing and reserving the right to make recommendations based on subsequent comments from City Traffic, Public Works/Water & Sewer/Stormwater, Fire, franchised utility representatives and other interested parties, Planning Staff has listed the following considerations (but not limited to) associated with the request to vacate the described portion of the platted utility easement.

A. That after being duly and fully informed as to fully understand the true nature of this petition and the propriety of granting the same, the MAPC makes the following findings:

1. That due and legal notice has been given by publication as required by law, in the Wichita Eagle, of notice of this vacation proceeding one time June 18, 2020 which was at least 20 days prior to this public hearing.

2. That no private rights will be injured or endangered by vacating the described portion of the platted utility easement and that the public will suffer no loss or inconvenience thereby.

3. In justice to the petitioner, the prayer of the petition ought to be granted.

Conditions (but not limited to) associated with the request:

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(1) If any utility services are found to be located within the area of the proposed Vacation, these services shall be relocated at the owner’s expense, to city standards, and the applicant shall provide Planning with the dedication of utility easements by separate instruments to go with the Vacation Order to be filed with the Register of Deeds. If relocation is not possible then this Vacation shall be rendered void as the current easement must remain in place.

(2) Per MAPC Policy Statement #7, all conditions are to be completed within one year of approval by the MAPC or the vacation request will be considered null and void. All vacation requests are not complete until the Wichita City Council or the Sedgwick County Board of County Commissioners have taken final action on the request and the vacation order and all required documents have been provided to the City, County and/or franchised utilities and the necessary documents have been recorded with the Register of Deeds.

SUBDIVISION COMMITTEE’S RECOMMENDED ACTION

The Subdivision Committee recommends approval per staff recommendations.

MOTION: To approve subject to the recommendation of the Subdivision Committee and staff recommendation.

DUXLER moved, FLORENCE seconded the motion, and it carried (11-0).

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BEFORE THE CITY COUNCIL OF THECITY OF WICHITA, SEDGWICK COUNTY, KANSAS

IN THE MATTER OF THE VACATION OF A )PLATTED DRAINAGE AND UTILITY EASEMENT )

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GENERALLY LOCATED ONE-QUARTER MILE EAST ) VAC2020-00019OF NORTH RIDGE ROAD AND ONE-QUARTER MILE )NORTH OF WEST 37TH STREET NORTH )

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VACATION ORDER

NOW on this 11th day of August, 2020, comes on for hearing the petition for vacationfiled by Ronald and Marcia Weddle (owners), praying for the vacation of described portion of platted 10-foot drainage and utility easement, to wit:

Vacate the west 10.00 feet of Lot 6, Block 1, Estancia 2nd Addition, Wichita, Sedgwick County, Kansas; EXCEPT the north 15.00 feet and the south 10.00 feet thereof.

The City Council, after being duly and fully informed as to fully understand the truenature of this petition and the propriety of granting the same, makes the following findings:

1. That due and legal notice has been given by publication, as required by law, inThe Wichita Eagle on June 18, 2020, which was at least 20 days prior to the public hearing.

2. No private rights will be injured or endangered by the vacation of the describedportion of the platted 10-foot drainage and utility easement, and the public will suffer no loss or inconvenience thereby.

3. In justice to the petitioner(s), the prayer of the petition ought to be granted.

4. No written objection to said vacation has been filed with the City Clerk by any owner or adjoining owner who would be a proper party to the petition.

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5. The vacation of the described portion of the platted 10-foot drainage and utilityeasement, should be approved.

IT IS, THEREFORE, BY THE CITY COUNCIL, on this 11th day of August, 2020, orderedthat the described portion of the platted 10-foot drainage and utility easement is hereby vacated. IT IS FURTHER ORDERED that the City Clerk shall send this original Vacation Order to the Register of Deeds of Sedgwick County.

CITY OF WICHITA, KANSAS

____________________________ Brandon J. Whipple, Mayor

ATTEST:

______________________________Karen Sublett, City Clerk

Approved as to Form:

_______________________________Jennifer Magana, City Attorney and Director of Law

266

Agenda Item No. II-18

City of WichitaCity Council Meeting

August 11, 2020

TO: Wichita Airport Authority

SUBJECT: Garver, LLC - AgreementWichita Dwight D. Eisenhower National Airport

INITIATED BY: Department of Airports

AGENDA: Wichita Airport Authority (Consent)

Recommendation: Approve the agreement.

Background: Garver, LLC (Garver) has been providing engineering services since 1919 for development projects such as aviation, transportation, water, energy, industrial, federal, as well as surveying and construction management. Currently, the company has offices located in 18 states, as well as offices on the eastside of Wichita, and offices located at 2120 Airport Road on Wichita Dwight D. Eisenhower National Airport (Airport). The Wichita Airport Authority (WAA) approved the agreement to lease the offices at the Airport on October 18, 2016. That agreement expired on February 28, 2019 and has been on a month-to-month holdover.

Analysis: Garver wishes to combine offices from the eastside of Wichita and the offices at 2120 Airport Road to the new location at 1995 Midfield Road, which is also located on the Airport. The facility includes offices and conference rooms on the first floor and storage space on the basement level. The totalsize of the office building is 17,634 sq. ft. The term of the agreement is for one-year with a one-year renewal option, effective August 1, 2020.

Financial Considerations: The facility rent for the first floor, 15,748 sq. ft., will be an annual rate of $5per sq. ft. and the basement level, 1,886 sq. ft., will be an annual rate of $2.50 per sq. ft. Therefore, the new annual revenue to the WAA is $83,455.

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

Recommendations/Actions: It is recommended that the Wichita Airport Authority approve the agreement and authorize the necessary signatures.

Attachment: Agreement.

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Agenda Item No. II-19

City of WichitaCity Council Meeting

August 11, 2020

TO: Wichita Airport Authority

SUBJECT: Use and Lease AgreementEagleMed, LLC – Supplemental No. 3Wichita Dwight D. Eisenhower National Airport

INITIATED BY: Department of Airports

AGENDA: Wichita Airport Authority (Consent)

Recommendation: Approve Supplemental Agreement No. 3.

Background: On May 15, 2012, the Wichita Airport Authority (WAA) approved an agreement with EagleMed, LLC (EagleMed) to lease warehouse space at 2163 Air Cargo Road for three units on the Wichita Dwight D. Eisenhower National Airport (Airport). The agreement expired on April 30, 2020, and has been in month-to-month holdover status.

Analysis: EagleMed now wishes to continue leasing the units and extend the agreement for three, one-year renewal options, effective May 1, 2020.

Financial Considerations: The facility rent for the 3,640 sq. ft. of units shall be at the rate of $3.27 per sq. ft. The annual revenue to the WAA will be $11,903, which is a five percent increase compared to the previous year.

Legal Considerations: The supplemental agreement has been reviewed and approved as to form by the Law Department.

Recommendations/Actions: It is recommended that the Wichita Airport Authority approve thesupplemental agreement and authorize the necessary signatures.

Attachment: Supplemental Agreement No. 3.

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Agenda Item No. II-20

City of WichitaCity Council Meeting

August 11, 2020

TO: Wichita Airport Authority

SUBJECT: EagleMed, LLC – Supplemental Agreement No. 4Wichita Dwight D. Eisenhower National Airport

INITIATED BY: Department of Airports

AGENDA: Wichita Airport Authority (Consent)

Recommendation: Approve the supplemental agreement.

Background: In May 2012, the Wichita Airport Authority (WAA) approved an agreement with EagleMed, LLC (EagleMed), an air medical transport service provider, to lease space at a multi-tenant facility located at 1761 Airport Road, Suite 400, on the Wichita Dwight D. Eisenhower National Airport (Airport) campus. The agreement expired January 31, 2020, and has been on a month-to-month holdover status.

Analysis: EagleMed is now desirous of extending the agreement for an additional three, one-year option periods, for 1,351 sq. ft. of storage space.

Financial Considerations: The multi-tenant facility rent for use of the 1,351 sq. ft. storage space has been increased to $8.40 per sq. ft. compared to last year’s rate of $8. Therefore, the annual rent is$11,348, a five percent increase.

Legal Considerations: The supplemental agreement has been reviewed and approved as to form by the Law Department.

Recommendations/Actions: It is recommended that the Wichita Airport Authority approve thesupplemental agreement and authorize the necessary signatures.

Attachment: Supplemental Agreement No. 4.

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