City of Arkansas City Board of City Commissioners Agenda Special Meeting Tuesday, March 22, 2016 @ 5:30 PM Commission Room, City Hall — 118 W. Central Ave. — Arkansas City, KS I. Routine Business 1. Roll Call II. Business 1. Consider Resolution authorizing the City of Arkansas City to enter into a contract agreement with Walters-Morgan Construction, Inc. for the construction of the Water Treatment Facility for an amount not to exceed $16,815,905.00, contingent upon review and approval from the Kansas Department of Health and Environment. (Voice Vote) 2. Mayor’s Board Appointments (Voice Vote) 3. Consider a Resolution authorizing the City of Arkansas City to enter into a voluntary annexation agreement with Arkansas City Industries, Inc. (Voice Vote) Adjourn
Transcript
City of Arkansas City Board of City Commissioners
Agenda
Special Meeting Tuesday, March 22, 2016 @ 5:30 PM
Commission Room, City Hall — 118 W. Central Ave. — Arkansas City, KS
I. Routine Business 1. Roll Call II. Business 1. Consider Resolution authorizing the City of Arkansas City to enter into a contract agreement with
Walters-Morgan Construction, Inc. for the construction of the Water Treatment Facility for an amount not to exceed $16,815,905.00, contingent upon review and approval from the Kansas Department of Health and Environment. (Voice Vote)
2. Mayor’s Board Appointments (Voice Vote) 3. Consider a Resolution authorizing the City of Arkansas City to enter into a voluntary annexation
agreement with Arkansas City Industries, Inc. (Voice Vote) Adjourn
Item for City Commission Action Section II Item 1
Meeting Date 03/22/2016
Department/Division Public Works
Staff Contact Eric Broce, Director
Title: Consider Resolution authorizing the City of Arkansas City to enter into a contract agreement with Walters-Morgan Construction, Inc. for the construction of the Water Treatment Facility for an amount not to exceed $16,815,905.00, contingent upon review and approval from the Kansas Department of Health and Environment. (Voice Vote) Description: Bids were received and reviewed at 11:00 AM, March 10, 2016. Four bids were received from responsible Bidders. The apparent low bid was received from Walters-Morgan Construction, Inc. in the amount of $16,815,905.00 which is below the Engineer's Opinion of Probable Construction cost of $18,500,000. An Alternate 1 Bid for the Sodium Fluoride Saturator System in the amount of $58,380.00 should also be addressed in the Resolution and Notice of Award if chosen to be completed. If approved, work on the project is expected to begin in May and be substantially complete by October, 2017. Commission Options: 1. Award the Base Bid amount for the Water Treatment Facility construction contract contingent upon KDHE approval.
Included in budget Grant Bonds Other (explain) SRF Loan Fund through KDHE Approved for Agenda by:
City Manager
RESOLUTION NO. 2016-___ RESOLUTION AUTHORIZING THE CITY OF ARKANSAS CITY TO ENTER INTO A CONTRACT AGREEMENT WITH WALTERS-MORGAN CONSTRUCTION, INC. FOR THE CONSTRUCTION OF THE WATER TREATMENT FACILITY FOR AN AMOUNT NOT TO EXCEED $16,815,905.00, CONTINGENT UPON REVIEW AND APPROVAL FROM THE KANSAS DEPARTMENT OF HEALTH AND ENVIRONMENT. WHEREAS, The City desires to replace its existing aging Water Treatment Plant; and WHEREAS, the attached contract agreement between the City of Arkansas City and Walters-Morgan Construction, Inc. will most favorably meet the needs of the project. NOW, THEREFORE, IN CONSIDERATION OF THE AFORESTATED PREMISES, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF ARKANSAS CITY, KANSAS: SECTION ONE: The Governing Body of the City of Arkansas City hereby authorizes the Mayor of the City of Arkansas City to execute a contract agreement with Walters-Morgan Construction, Inc. for the construction of the Water Treatment Facility for an amount not to exceed $16,815,905.00, contingent upon review and approval from the Kansas Department of Health and Environment. Such Agreement is attached hereto and incorporated by reference as if fully set forth herein. SECTION TWO: This Resolution will be in full force and effect from its date of passage by the City Commission of the City of Arkansas City.
PASSED AND RESOLVED by the Governing Body of the City of Arkansas City, Kansas this ___day of ______, _____, with City Officials being authorized and directed to execute any and all documents necessary to consummate the purposes and intents as expressed in this Resolution and if executed by the Mayor (or other person authorized by law to act in the event of the absence or inability of the Mayor to act) and the City Clerk is directed to attest to and affix the official seal of the City thereon. (Seal) Chad Giles, Mayor ATTEST: Lesley Shook, City Clerk APPROVED AS TO FORM Tamara Niles, City Attorney
CERTIFICATE
I, hereby certify that the above and foregoing is a true and correct copy of the Resolution No. 2016-___-____ of the City of Arkansas City, Kansas adopted by the governing body on _____________ as the same appears of record in my office. DATED: _____________________. Lesley Shook, City Clerk
9400 Ward Parkway \ Kansas City, MO 64114
O 816-333-9400 \ F 816-333-3690 \ burnsmcd.com
March 14, 2016 Mr. Eric Broce, PE Director of Public Works City of Arkansas City 118 W Central Arkansas City, Kansas 67005 Re: Bid Award Recommendation – Water Treatment Plant
Dear Mr. Broce: We have completed our review of the Bid Documents received on March 10, 2016 for the above-noted project. Bids were received from four Contractors and the two low Base Lump Sum Bid Prices were as follows: Total Lump Bidder Sum Base Bid Amount 1. Walters-Morgan Construction, Inc. $16,815,905.00 2. Utility Contractors Inc. $17,297,000.00 Low Bid Cost Difference $ 481,095.00 The apparent low bid amount of $16,815,905 is 10% lower than the Engineer’s Opinion of Probable Construction cost of $18,500,000 provided for the project. A copy of the bid tab for the project is attached. We have worked on numerous successful previous projects with Walters-Morgan Construction, Inc., (Walters-Morgan) including the construction of the Clay Center greensand/RO facility and recent improvements to the Atchison, KS Water Treatment Plant and a pump station renovation for Water District No. 1 of Johnson County, KS. Walters-Morgan also successfully completed the constructed of the Hutchison, KS greensand/RO facility. In addition to the above projects we contacted several other references for Walters-Morgan and received positive reviews of their work and completion schedules. We have also reviewed the available Dunn and Bradstreet financial information for Walters-Morgan and they appear to be financially capable with results typical of the industry in which they compete with the capacity to perform this work for the City of Arkansas City. We have reviewed the preliminary schedule, also attached, provided by Walters-Morgan and it shows a reasonable anticipated schedule for the project tasks that they will be responsible to perform for completion of the work.
Mr. Eric Broce, PE City of Arkansas City March 14, 2016 Page 2 Based on the evaluation of the information, we recommend the award of the Contract to the lowest responsible responsive bidder, Walters-Morgan Construction, Inc. for the Base Lump Sum Bid Price of $16,815,905.00. Acceptance of Alternate 1 – Sodium Fluoride Saturator System, for a Lump Sum Bid Price of $58,380.00, should also be addressed by the City and included in the notice of award, if chosen to be completed; however, we have requested from Walters-Morgan a letter indicating that they will hold the Alternate 1 Lump Sum bid Price for up to six (6) months from an anticipated notice-to-proceed date of approximately May 1, 2016. This would allow the City to defer a decision on Alternate 1 without impacting approval of the lowest responsible responsive bid by Walters-Morgan. We will inform the City as soon as we receive a response from them regarding the request. If you or your staff should have any questions concerning this letter, please feel free to contact me at 816-822-3218 or e-mail me at [email protected]. Sincerely,
Michael J. O’Connell, PE Project Manager MJO/mo cc: Project Files Dana Bruner, BMcD Jake White, BMcD Brian Meier, BMcD William Carr, KDHE bid recommend 031416.docx
Burns & McDonnell Engineering, Inc.9400 Ward Parkway Kansas City, MO 64114816-333-9400
Engineer's Estimate: Base $18,500.000 / Alt. 1 $42,000
Bid Tabulation Summary - Contract Prices and Bid Data
EPA Form 6100-4 (DBE Subcontractor Utilization Form)
Bid Security Included Yes Yes Yes
EPA Form 6100-3 (DBE Subcontractor Performance Form) Yes
Addenda Acknowledged and Attached - No. 1, 2, 3, 4, and 5 Yes Yes
American Iron and Steel CertificationYesYes
Yes
YesYes
Yes Yes
Yes
Kansas Act Against Discrimination Contract Provision Certification Form
Demonstration of Compliance with DBE Good Faith Efforts
Yes
Preliminary Construction Schedule Included
Yes
Yes
Yes
YesYes
Yes
Bid Received Until: 11:00 AMDate: March 10, 2016
Name and Address of Bidder
Description
PO Box 9592Wichita, KS 67277-0592
Walters-Morgan2616 Tuttle Creek Blvd.
Utility Contractors Inc.
Manhattan, KS 66502-4479
Project No: 78647
Project Engineer: Dana Bruner
Sheet No: 1 of 2Tabulated by: MJO
Project Manager: Michael J. O'Connell
Yes
Arkansas City, KansasCity Project No. WP-P-13-001
Water Treatment Plant
Yes
$17,297,000.00
Alternate No. 1 Lump Sum Bid Price$58,380.00 $40,080.00
Yes
Summary SummaryBidder is Listed on the Plan Holders
Listing from the Engineer
Certification Regarding Lobbying
Bidder's Qualification Statement Included
KPWSLF Project No. 2813
Crossland Heavy Contractors, Inc.501 S. East Ave
Columbus, KS 66725Summary
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
$17,446,645.00
$49,080.00
Supplier/Manufacturer and Subcontractor Information Filled In Yes Yes Yes
Base Lump Sum Bid Price$16,815,905.00
Bid Opening Tab 031016.xls 3/12/2016
Burns & McDonnell Engineering, Inc.9400 Ward Parkway Kansas City, MO 64114816-333-9400
Engineer's Estimate: Base $18,500.000 / Alt. 1 $42,000
Wildcat Construction Co., Inc.PO Box 9163
Bid Tabulation Summary - Contract Prices and Bid Data Project No: 78647Bid Received Until: 11:00 AM
Arkansas City, Kansas Date: March 10, 2016City Project No. WP-P-13-001 Project Manager: Michael J. O'Connell
Bidder is Listed on the Plan Holders Listing from the Engineer Yes
Bidder's Qualification Statement Included Yes
Bid Security Included Yes
Certification Regarding LobbyingYes
Demonstration of Compliance with DBE Good Faith Efforts Yes
Preliminary Construction Schedule Included Yes
Kansas Act Against Discrimination Contract Provision Certification Form Yes
American Iron and Steel CertificationYes
Addenda Acknowledged and Attached - No. 1, 2, 3, 4, and 5 Yes
EPA Form 6100-3 (DBE Subcontractor Performance Form) Yes
EPA Form 6100-4 (DBE Subcontractor Utilization Form) Yes
Alternate No. 1 Lump Sum Bid PriceBase Includes Fluoridation System
Supplier/Manufacturer and Subcontractor Information Filled In Yes
Base Lump Sum Bid Price$18,125,298.00
Bid Opening Tab 031016.xls 3/12/2016
Burns & McDonnell Engineering, Inc.9400 Ward Parkway Kansas City, MO 64114816-333-9400
2. Electrical Shelley1. Earthwork
3. Mechanical Kruse
Self Performed
Patterson
5. Process Waste Pump Station
Name and Address of Bidder
Item1. Raw Water Pumps
Walters-Morgan
Blue WhiteHaynes Equip / Blue-White White Blue / Ingersol
Utility Contractors Inc.
2. High Service Pumps3. Chemical Metering Systems
Letts Van Kirk / Flowserve
Wichita, KS 67277-0592Suppliers - Manufacturers
Flow ServeFlow Serve
Letts Van Kirk / Flowserve
Haynes Equip / SnyderEngineered Systems - Pump Tech
JCI / Blue-White IMSSubcontractors
3. Mechanical
6. Sodium Fluoride Saturator SystemTrade
2. Electrical
4, Chemical Storage Tanks
Project No: 78647Bid Received Until: 11:00 AM
Arkansas City, Kansas Date: March 10, 2016City Project No. WP-P-13-001 Project Manager: Michael J. O'Connell
Suppliers - ManufacturersFowserve
PO Box 9592
Water Treatment Plant Tabulated by: MJOSheet No: 1 of 1
2616 Tuttle Creek Blvd.Manhattan, KS 66502-4479Suppliers - Manufacturers
Crossland Heavy Contractors, Inc.501 S. East Ave
Columbus, KS 66725
Shelley Electric Inc. Shelley Shelley
Bid Tabulation Summary - Subcontractors and Suppliers
KPWSLF Project No. 2813 Project Engineer: Dana Bruner
Poly Processing Indelco
1. Earthwork Walters-Morgan Construction Berkamp Self Performed
Kuhn / Kruse Corporation
IMSSubcontractors
Integrity
Wildcat Construction Co., Inc.PO Box 9163
Wichita, KS 67277
Cooks
Suppliers - Manufacturers
Pump Tech Pump Tech
Kruse
Subcontractors
Haynes Equip/ Blue-White / IR / Saf-T-Flo4, Chemical Storage Tanks Haynes Equip / Force Flow Indilco3. Chemical Metering Systems
1. Raw Water Pumps
Name and Address of Bidder
2. High Service PumpsHaynes Equip / Peerless PumpHaynes Equip / Peerless Pump
Item
Trade Subcontractors
5. Process Waste Pump Station Engineered Systems / Pump-Tech6. Sodium Fluoride Saturator System Fluid Equip / IMS
Item for City Commission Action Section II Item 2
Meeting Date 03/22/2016
Department/Division City Manager
Staff Contacts Lesley Shook / Andrew Lawson
Title: Consider Mayor Chad Giles’ appointments to various City advisory boards.
Description: A number of City advisory boards require commission action soon to fill vacancies in their membership. By far, the most critical of these is the South Central Kansas Medical Center Board of Trustees. Given recent events, staff recommends close scrutiny of all appointments and reappointments to this Board. There currently are three candidates for at least one vacant position on the nine-member SCKMC Board:
1. Mike Bergagnini 2. Mell Kuhn 3. Warren “Hap” McLeod
Additionally, Commissioner Brandon Every indicated at the March 15 meeting that he has several more names for consideration, but no applications have been received yet from any of those persons. Any applications received between now and March 22 will be presented at that night’s meeting for this item. Arleta Rice’s second term expires April 1 and she is not eligible for reappointment, so at least one of these candidates will need to be appointed prior to the Board’s next regular meeting on April 28. Staff recommends making that appointment no later than April 5 in case any special meetings are convened. Mark Paton was appointed to fill the unexpired term of Slade Griffiths. If the commission desires to retain Paton, he will need to be reappointed to his first full four-year term. City Attorney Tamara Niles currently is working to draft an ordinance that will clarify some Municipal Code language governing how unexpired terms are filled by appointed replacements, but that draft would not alter Paton’s situation. Greg Norwood has completed his first full term and is eligible for reappointment to a second four-year term. He currently serves as the Board’s secretary. Staff cautions that Norwood has missed several Board meetings in the last calendar year and has yet to attend any meetings with the City Commission, but because he has not missed three consecutive meetings or six in a one-year period, he is not in any violation of the bylaws. Attendance records for all Board members for 2015 and 2016 are attached. The Board is scheduled to reorganize its officers at its April 28 meeting. Its next meeting is March 31. SCKMC officials have requested that no action be taken on these appointments until the April 5 meeting so the Board has time to meet, consider all available candidates, and consider what recommendations to make regarding appointments and reappointments. Staff recommends tabling this item until April 5.
The only other reappointment is that of Marilyn Stout to the Arkansas City Public Library Board of Trustees for her first full four-year term. Stout has completed the last year of Litisha Johnson’s un-expired term and is in the same situation as Paton. The ACPL Board recommends her reappointment. Commissioners also should be aware that the City Beautification and Tree Advisory Board is down to just four members and has failed to make quorum on two occasions in the last month. Normally, this would not be a major difficulty, but the Board currently is working to finalize a policy for park adoption for the City Commission’s consideration in response to the recent Catalpa Park dispute. Staff respectfully requests consideration of the applications received to date in order to see if a suitable candidate may be appointed, in order to help the Board to achieve quorum more easily, finish this very important project and avoid any unnecessary delay for the parties interested in adopting Catalpa Park.
Commission Options: 1. Table this discussion until April 5.
Dr. Nick Rogers Present Present Present Present Present 3
Dr. Robert Yoachim (Ret.) Absent Present Absent Absent Absent 3
Dr. Robert Yoachim
Greg Norwood
3 (if counting 16-Feb)
Dr. Jerry Old 2 (if counting 16-Feb)
Greg Norwood 4 (if counting 16-Feb)
Dr. Jerry Old 4 (if counting 16-Feb)
Dr. Robert Yoachim 4 (if counting 16-Feb)
South Central Kansas Medical Center (SCKMC) Board of Trustees
Absenteeism (Per Muni. Code Article III, Div. 1, Sec. 2-54(a)
Consecutive Unexcused Absences (Cutoff = 3)
Cumulative Absences in 1-Year Period (Cutoff = 6)
Carol Hearne** 6 (if counting 16-Feb)
Item for City Commission Action Section II Item 3
Meeting Date 03/22/2016
Department/Division City Attorney
Staff Contact Tamara Niles
Title: Consider a Resolution authorizing the City of Arkansas City to enter into a voluntary annexation agreement with Arkansas City Industries, Inc. (Voice Vote) Description: The City, in conjunction with the State of Kansas, has led a large improvement project in Goff Industrial Park and Skyline Road to improve and widen roadways, and add to pedestrian safety by adding lighting, signage, and sidewalks. Multiple parcels that receive the benefits of these improvements are not located in the City limits however, including those owned by Skyline Corporation and Arkansas City Industries, Inc. (ACI). ACI has recognized this, and wishes to show its support for the City and voluntarily annex into the City limits 101 and 102 Goff. The proposed agreement would allow immediate annexation, but phases in the City's additional taxes over a 10 year period. Commission Options: 1. Approve the Resolution 2. Table the Resolution for further consideration 3. Disapprove the Resolution. Fiscal Impact: Amount: Fund: Department: Expense Code:
Included in budget Grant Bonds Other (explain) Approved for Agenda by:
City Manager
RESOLUTION NO. 2016-03-_______ A RESOLUTION AUTHORIZING THE CITY OF ARKANSAS CITY TO ENTER INTO A VOLUNTARY ANNEXATION AGREEMENT WITH ARKANSAS CITY INDUSTRIES, INC. WHEREAS, the City of Arkansas City has expended significant sums of money in Goff Industrial Park to support businesses located there by improving roads, sidewalks, signage and lighting; and WHEREAS, a portion of Goff Industrial Park is not located within the City limits, even though all tenants in the park have benefitted from these improvements and receive other City services such as fire and police protection; and WHEREAS, Arkansas City Industries, Inc. is a corporation that seeks to improve Arkansas City by developing properties, and supporting the City and local industry; and WHEREAS, as a partner to the City of Arkansas City, ACI wishes to voluntarily annex into the City limits two of its parcels in Goff Industrial Park; and WHEREAS, annexation into the City limits will increase the tax base of the City and increase its tax revenue. NOW, THEREFORE, IN CONSIDERATION OF THE AFORESTATED PREMISES, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF ARKANSAS CITY, KANSAS: SECTION ONE: The Governing Body of the City of Arkansas City hereby authorizes the Mayor of the City of Arkansas City to execute an agreement with Arkansas City Industries, Inc. for the voluntary annexation of 101 Goff and 102 Goff. Such Agreement is attached hereto and incorporated by reference as if fully set forth herein. SECTION TWO: Upon execution of the Agreement by both parties, the City of Arkansas City’s Planning Commission shall proceed with formal annexation proceedings to annex these parcels into the City limits. SECTION THREE: This Resolution will be in full force and effect from its date of passage by the City Commission of the City of Arkansas City.
PASSED AND RESOLVED by the Governing Body of the City of Arkansas City, Kansas this ____ day of March, 2016, with City Officials being authorized and directed to execute any and all documents necessary to consummate the purposes and intents as expressed in this Resolution and if executed by the Mayor (or other person authorized by law to act in the event of the absence or inability of the Mayor to act) and the City Clerk is directed to attest to and affix the official seal of the City thereon. (Seal) Chad Giles, Mayor ATTEST: Lesley Shook, Clerk DRAFTED AND APPROVED AS TO FORM Tamara Niles, City Attorney
CERTIFICATE I, hereby certify that the above and foregoing is a true and correct copy of the Resolution No. 2016-03-___________ of the City of Arkansas City, Kansas adopted by the governing body on March ________, 2016 as the same appears of record in my office. DATED: _____________________. Lesley Shook, City Clerk
CITY OF ARKANSAS CITY AGREEMENT FOR VOLUNTARY ANNEXATION
This Agreement, made and entered into on __________________ ____, 2016, by and between the City of Arkansas City, Kansas a municipal corporation, (hereinafter called “the CITY”) and ARKANSAS CITY INDUSTRIES, INC. (hereinafter collectively called “OWNER”) both of whom agree as follows:
RECITALS: A. CITY has the legal authority to annex parcels into the CITY limits; and B. Voluntary annexation into City limits is specifically authorized by Kan. Stat. Ann. 12-520(a)(f);
and
C. CITY seeks to make significant improvements to roadways in and around Goff Industrial Park, to
better serve the industries located therein; and
D. Multiple parcels within Goff Industrial Park are not located within the City limits; and
E. CITY cannot make those improvements and annex those portions of roadway within Goff
Industrial Park, unless at least 1 property bordering said roadway is within the City limits; and F. OWNER owns multiple parcels within Goff Industrial Park, that if included in the City, would
allow the City to annex certain roadways within the park; and G. Because OWNER’s properties will benefit from these improvements, OWNER has agreed to
partner with CITY on this project, by entering into a voluntary annexation agreement for multiple parcels located within Goff Industrial Park.
Now, Therefore, IN CONSIDERATION OF THE FOLLOWING terms and conditions, the CITY and
OWNER agree as follows: 1. OWNER hereby consents to the annexation into the city limits of the City of Arkansas City, Kansas, the following described real property, known as 101 Goff and 102 Goff:
A tract of land situated in the Southeast Quarter of Section 12, Township 34 South, Range 3 East of the 6th P.M., all in Arkansas City, Cowley County, Kansas, being more particularly described as follows: Commencing at the Southeast Corner of said Southeast Quarter; thence South 89 degrees, 04 minutes, 45 seconds West (assumed) along the South Line of said Southeast Quarter, a distance of 401.89 feet to a point; thence North 00 degrees, 59 minutes, 15 seconds West to the Southeast Corner of a tract of land recorded in Book 493, Page 307 at the Cowley County Register of Deeds on the North Right-of-Way of Skyline Road; thence North 00 degrees, 59 minutes, 15 seconds West, along the East Line of said recorded tract, a distance of 430.00 feet to a point; thence North 25 degrees, 46 minutes, 45 seconds East, along the East Line of said recorded tract, a distance of 420.00 feet to a point; thence North 21 degrees, 48 minutes, 45 seconds East, along the East Line of said recorded tract, a distance of 93.82 feet to the Point of Beginning of the herein described tract; thence South 89 degrees, 04 minutes, 45 seconds West, parallel with the South Line of said Southeast Quarter, a distance of 967.77 feet to a point; thence North 20 degrees, 32 minutes, 56 seconds West, a distance of 101.54 feet to a point; thence North 11 degrees, 06 minutes, 49 seconds West, a distance of 174.22 feet to a point; thence North 00 degrees, 25
minutes, 57 seconds West, parallel with the West Line of said Southeast Quarter, a distance of 271.64 feet to a point on the South Right-of-Way of Goff Industrial Road, as now established; thence North 88 degrees, 57 minutes, 20 seconds East, along said South Right-of-Way, a distance of 1099.41 feet, more or less, to a point on the West Right-of-Way of 61st Road; thence South 00 degrees, 59 minutes, 15 seconds East, along said West Right-of-Way, a distance of 181.81 feet to a point; thence South 07 degrees, 32 minutes, 45 seconds West, along said West Right-of-Way, a distance of 303.40 feet to a point; thence South 21 degrees, 36 minutes, 12 seconds West, along said West Right-of-Way, a distance of 64.10 feet to the Point of Beginning, containing 13.25 acre(s), more or less.
And
That part of the Southeast Quarter of Section 12, Township 34 South, Range 3 East of the 6th P.M., lying West of 61st Road Right-of-Way, North of Goff Industrial Park Road Right-of-Way, and East of the East Right-of-Way of the abandoned St. Louis & San Francisco Railroad; all in Cowley County, Kansas. Noted on the attached map as numbers 2 and 3, and hereafter collectively referred to as “parcel”.
2. OWNER warrants and guarantees that it owns the above-described parcel in fee simple absolute with marketable title, and has full legal authority to execute this Agreement. 3. In consideration of OWNER’s consent to annexation, CITY agrees to rebate a portion of ad valorem real estate taxes paid to the CITY for the parcel, exceeding OWNER’s current local taxing entity mill levy of 26.719 mills.1 Said rebates shall be made pursuant to the following schedule: year 1, 100 percent of City ad valorem taxes paid by OWNER to City exceeding 26.719 mills; year 2, 90 percent of City ad valorem taxes paid by OWNER to City exceeding 26.719 mills; year 3, 80 percent of City ad valorem taxes paid by OWNER to City exceeding 26.719 mills; year 4, 70 percent of City ad valorem taxes paid by OWNER to City exceeding 26.719 mills; year 5, 60 percent of City ad valorem taxes paid by OWNER to City exceeding 26.719 mills; year 6, 50 percent of City ad valorem taxes paid by OWNER to City exceeding 26.719 mills; year 7, 40 percent of City ad valorem taxes paid by OWNER to City exceeding 26.719 mills; year 8, 30 percent of City ad valorem taxes paid by OWNER to City exceeding 26.719 mills; year 9, 20 percent of City ad valorem taxes paid by OWNER to City exceeding 26.719 mills; and year 10, 10 percent of City ad valorem taxes paid by OWNER to City exceeding 26.719 mills. No rebate shall be provided after year 10. Said rebate shall be paid to OWNER by CITY within 60 days after CITY receives OWNER’s full annual tax payment from Cowley County, or approximately July of each year. CITY further shall provide all benefits to OWNER of residing within the City limits, including but not necessarily limited to, access to municipal water, access to municipal sewer (unless OWNER has a pre-existing septic system), access to fire protection, police protection, road maintenance, and trash service. 4. The annexation will not become effective until after the Governing Body of the City of Arkansas City formally approves and adopts the necessary Annexation Ordinance required by Kansas law, and said ordinance (or summary thereof) is published one time in the official City newspaper.
5. This rebate shall only be effective as long as OWNER is the legal owner of record of the parcel. Should OWNER sell, gift or otherwise transfer ownership to another party, the rebate provided hereunder shall expire as of the date of transfer.
6. This Agreement shall not be construed to provide for any property tax abatements or other tax incentives without the duly authorized approval of the Governing Body of the City of Arkansas City.
1 In 2015, OWNER paid ad valorem taxes on the parcel to Rural Fire District 5 (7.5 mills); Creswell Township (18.087
mills); and South Central Regional Library (1.132 mills), for a total of 26.719 mills. By annexing into the City limits, OWNER will no longer pay these taxing entities.
IN WITNESS WHEREOF, the parties have executed this Agreement intending to be bound hereby as of the date and year first above written. CITY OF ARKANSAS CITY:
_____________________________ Attest: _______________________________ Chad Giles, Mayor Lesley Shook, City Clerk STATE OF KANSAS ) COUNTY OF COWLEY ) ss On this _____ day of ___________, 2016, before me, the undersigned, a Notary Public in said State, personally appeared Chad Giles, Mayor of Arkansas City, and Lesley Shook, City Clerk to me known to be the identical persons named in and who executed the foregoing instrument, and acknowledged that they executed the same as their voluntary act and deed as duly authorized by the City of Arkansas City. Notary Public_______________________ My Commission Expires _________________________________
Arkansas City Industries, Inc.
OWNER:
____________________________ _________________________ Michael J. Munson, President Attest: Otis Morrow, Secretary
STATE OF KANSAS ) COUNTY OF COWLEY ) ss On this ____ day of ____________, 2016, before me, a notary public, personally appeared _____________________________________, who executed the foregoing instrument, and acknowledged that they executed the same as their voluntary act and deed. Notary Public ______________________________ My Commission Expires:_____________________________ [S E A L]
