Revised 07/10/2006 to add Item 29A: Amendment to Section 1.04.070 of the Code of the City of Wichita, Kansas, Pertaining to the Schedule of Costs for all Municipal Court Cases JULY 11, 2006 AGENDA REPORTS Agenda Item No. 7a City of Wichita City Council Meeting July 11, 2006 Agenda Report No. 06-0690 TO: Mayor and City Council Members SUBJECT: Petitions to construct Sanitary Sewer and Water Improvements in Fox Ridge Addition (north of 29th St. North, east of Maize) (District V) INITIATED BY: Department of Public Works AGENDA: Consent Recommendation: Approve the Petitions. Background: The Petitions have been signed by one owner representing 100% of the improvement districts. Analysis: The projects will provide sanitary sewer and water improvements within a residential development located north of 29th St. North, east of Maize. Financial Considerations: The Petitions total $426,000. The funding source is special assessments. Goal Impact: These projects address the Ensure Efficient Infrastructure goal by providing for the construction of sanitary sewer and water improvements in a new subdivision. They also address the Economic Vitality and Affordable Living goal by providing public improvements in new developments that are vital to Wichita's continued economic growth. Legal Considerations: State Statutes provide that a Petition is valid if signed by a majority of resident property owners or by owners of the majority of property in the improvement district. Recommendation/Action: It is recommended that the City Council approve the Petitions, adopt the Resolutions and authorize the necessary signatures. Agenda Item No. 10. City of Wichita City Council Meeting July 11, 2006 Agenda Report No. 06-0691 TO: Mayor and City Council SUBJECT: Community Events INITIATED BY: Division of Arts & Cultural Services AGENDA: Consent Recommendation: Approve the request for street closures. Background: In accordance with the Community Events Procedure, the event promoter is coordinating Mr. Clark Ensz of Run Wichita, Wichita State University and with City of Wichita Staff, subject to final approval by the City Council. Analysis: The following street closure request has been submitted: St. Marks C.E. Tyree Clinic Community Day 2K Walk/Run and Community Day, July 29, 2006 § 1400 - 1900 blocks of North Lorraine 7:00 am - 9:30 pm for Run/Walk § 18th Street from Lorraine to Hillside 7:00 am - 9:30 am for Run/Walk § Lorraine from 14th Street to 15th Street 7:00 am - 3:00 pm for Community Day activities. Client will arrange to remove blockades as necessary to allow emergency vehicle access during entire designated time period. Blockades will be removed immediately upon completion of the event. Financial Consideration: Inasmuch as possible, event sponsors are responsible for all costs associated with special events. Goal Impact: Enhance the Quality of Life Legal Consideration: None Recommendation/Actions: It is recommended that the City Council approve the request subject to: (1) Hiring off-duty certified law enforcement officers as required; (2) Obtaining barricades to close the streets in accordance with requirements of Police, Fire and Public Works Department. (3) Certificate of Liability Insurance on file with the Community Events Coordinator. Agenda Item No. 13a. City of Wichita City Council Meeting July 11, 2006 Agenda Report No. 06-0692 TO: Mayor and City Council Members SUBJECT: Supplemental Agreement for Construction Engineering and Staking in Clifton Cove Addition (south of 63rd Street South, west of Clifton) (District III) INITIATED BY: Department of Public Works AGENDA: Consent Recommendation: Approve the Supplemental Agreement. Background: The City Council approved the drainage improvements in Clifton Cove Addition on November 15, 2005. On June 6, 2006 the City approved an Agreement with Baughman Company, P.A. to design the improvements. The Design Agreement with Baughman requires Baughman to provide construction engineering and staking services if requested by the City. Analysis: The proposed Supplemental Agreement between the City and Baughman provides for construction engineering and staking the improvements. Due to the current workload created by previous projects, City crews are not available to perform the staking for this project. Financial Considerations: Payment to Baughman will be on a lump sum basis of $25,700 and will be paid by special assessments. Goal Impact: This Supplemental Agreement addresses the Efficient Infrastructure goal by providing the engineering design services needed for the construction of drainage improvements in a new subdivision. It also addresses the Economic Vitality and Affordable Living goal by providing public improvements in new developments that are vital to Wichita's continued economic growth. Legal Considerations: The Supplemental Agreement has been approved as to form by the Law Department. Recommendation/Action: It is recommended that the City Council approve the Supplemental Agreement and authorize the necessary signatures. Attachments: Supplemental Agreement SUPPLEMENTAL AGREEMENT TO THE AGREEMENT FOR PROFESSIONAL SERVICES DATED JUNE 6, 2006, 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 June 6, 2006) between the two parties covering engineering services to be provided by the ENGINEER in conjunction with the construction of improvements in CLIFTON COVE ADDITION (south of 63rd Street South, west of Clifton). WHEREAS, Paragraph IV. B. of the above referenced Contract provides that additional work be performed and additional compensation be paid on the basis of a Supplemental Agreement duly entered into by 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 "PROJECT" as stated on page 1 of the above referenced agreement is hereby amended to include the following: STAKING, AS-BUILT AND CONSTRUCTION ENGINEERING (as per the City of Wichita Standard Construction Engineering Practices) STORM WATER DRAIN NO. 269 serving Lots 1 through 30, Block A; Lots 1 through 16, Block B; Lots 1 through 4, Block C; Lots 1 through 24, Block D; Lots 1 through 14, Block E, Lots 1 through 20, Block F, Clifton Cove Addition (south of 63rd Street South, west of Clifton) (Project No. 468 84024). Construction staking and final as-built of all areas included in the project mass grading plan will be the responsibility of the ENGINEER, with final as-built plans submitted and sealed by a licensed land surveyor or registered professional engineer. Minimum construction staking shall consist of the following: grade stakes set at 50 foot centers in tangent sections, and 25 foot centers through curve sections, at the street centerline (to match CL street stationing per paving plans); both right-of-way lines (at lot corners); back lot/easement lines (at lot corners); as well as any other grade break lines. Grade stake cuts and fills shall be to the dirt grade as required by the mass grading plan details, and shall not be set for final pavement grade, nor to actual final subgrade elevation. Final elevations for all areas outside the street right-of-way to be graded per plans, provisions or otherwise, including lots, easements, ponds and reserve areas, shall be within +/-0.2' of plan call-outs, unless otherwise stated in plans or provisions. Final elevations within the street right-of-way shall be within +/-0.1' of plan call-outs. The ENGINEER will be responsible to provide initial as-built(s) to the City's Project Engineer, who will coordinate any rework with the contractor. The ENGINEER'S survey and as-built generation responsibilities will include re-checking all points deemed to be out of compliance by the City project engineer, regardless of the number of times to achieve compliance. Two copies of the project specific mass grading and pond construction plan sheets will be submitted to the Project Engineer within 5 days of completion of final grading, will show original plan and final as-built elevations at all original call-out locations. Submittals will include both standard plan sheets as well as an electronic file. B. PAYMENT PROVISIONS The lump sum fee and the accumulated partial payment limits in Section IV. A. shall be amended as follows: Payment to the ENGINEER for the performance of the professional services as outlined in this supplemental agreement shall be made on the basis of the lump sum fee specified below: Project No. 468 84024 $25,700.00 C. PROVISIONS OF THE ORIGINAL CONTRACT The parties hereunto mutually agree that all provisions and requirements of the existing Contract, not specifically modified by this Supplemental Agreement, shall remain in force and effect. IN WITNESS WHEREOF, the CITY and the ENGINEER have executed this Supplemental Agreement as of this __________ day of ____________________, 2006. BY ACTION OF THE CITY COUNCIL Carlos Mayans, Mayor ATTEST: Karen Sublett, City Clerk APPROVED AS TO FORM: _________________________________ Gary Rebenstorf, Director of Law BAUGHMAN COMPANY, P.A. ATTEST: _________________________________ Agenda Item No. 13b. City of Wichita City Council Meeting July 11, 2006 Agenda Report No. 06-0693 TO: Mayor and City Council Members SUBJECT: Supplemental Agreement for Staking in North Ridge Village Addition (north of 37th Street North, west of Ridge) (District V) INITIATED BY: Department of Public Works AGENDA: Consent Recommendation: Approve the Supplemental Agreement. Background: The City Council approved the drainage improvements in North Ridge Village Addition on March 22, 2005. On December 13, 2005 the City approved an Agreement with MKEC Engineering Consultants, Inc. (MKEC) to design the improvements. The Design Agreement with MKEC requires MKEC to provide construction engineering and staking services if requested by the City. Analysis: The proposed Supplemental Agreement between the City and MKEC provides for staking the improvements. Due to the current workload created by previous projects, City crews are not available to perform the staking for this project. Financial Considerations: Payment to MKEC will be on a lump sum basis of $28,250 and will be paid by special assessments. Goal Impact: This Supplemental Agreement addresses the Efficient Infrastructure goal by providing the engineering design services needed for the construction of drainage improvements in a new subdivision. It also addresses the Economic Vitality and Affordable Living goal by providing public improvements in new developments that are vital to Wichita's continued economic growth. Legal Considerations: The Supplemental Agreement has been approved as to form by the Law Department. Recommendation/Action: It is recommended that the City Council approve the Supplemental Agree-ment and authorize the necessary signatures. Attachments: Supplemental Agreement SUPPLEMENTAL AGREEMENT TO THE AGREEMENT FOR PROFESSIONAL SERVICES DATED DECEMBER 13, 2005, BETWEEN THE CITY OF WICHITA, KANSAS, PARTY OF THE FIRST PART, HEREINAFTER CALLED THE "CITY" AND MKEC ENGINEERING CONSULTANTS, INC., PARTY OF THE SECOND PART, HEREINAFTER CALLED THE "ENGINEER" WITNESSETH: WHEREAS, there now exists a Contract (dated December 13, 2005) between the two parties covering engineering services to be provided by the ENGINEER in conjunction with the construction of improvements in NORTH RIDGE VILLAGE ADDITION (north of 37th Street North, west of Ridge). WHEREAS, Paragraph IV. B. of the above referenced Contract provides that additional work be performed and additional compensation be paid on the basis of a Supplemental Agreement duly entered into by 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 "PROJECT" as stated on page 1 of the above referenced agreement is hereby amended to include the following: STAKING AND AS-BUILT (as per the City of Wichita Standard Construction Engineering Practices) STORM WATER DRAIN NO. 254 serving Lots 5 through 7, Block 1; North Ridge Village Addition (north of 37th Street North, west of Ridge) (Project No. 468 83978). STORM WATER DRAIN NO. 255 serving Lots 1 through 4, Block 1, North Ridge Village Addition (north of 37th Street North, west of Ridge) (Project No. 468 83979). Construction staking and final as-built of all areas included in the project mass grading plan will be the responsibility of the ENGINEER, with final as-built plans submitted and sealed by a licensed land surveyor or registered professional engineer. Minimum construction staking shall consist of the following: grade stakes set at 50 foot centers in tangent sections, and 25 foot centers through curve sections, at the street centerline (to match CL street stationing per paving plans); both right-of-way lines (at lot corners); back lot/easement lines (at lot corners); as well as any other grade break lines. Grade stake cuts and fills shall be to the dirt grade as required by the mass grading plan details, and shall not be set for final pavement grade, nor to actual final subgrade elevation. Final elevations for all areas outside the street right-of-way to be graded per plans, provisions or otherwise, including lots, easements, ponds and reserve areas, shall be within +/-0.2' of plan call-outs, unless otherwise stated in plans or provisions. Final elevations within the street right-of-way shall be within +/-0.1' of plan call-outs. The ENGINEER will be responsible to provide initial as-built(s) to the City's Project Engineer, who will coordinate any rework with the contractor. The ENGINEER'S survey and as-built generation responsibilities will include re-checking all points deemed to be out of compliance by the City project engineer, regardless of the number of times to achieve compliance. Two copies of the project specific mass grading and pond construction plan sheets will be submitted to the Project Engineer within 5 days of completion of final grading, will show original plan and final as-built elevations at all original call-out locations. Submittals will include both standard plan sheets as well as an electronic file. B. PAYMENT PROVISIONS The lump sum fee and the accumulated partial payment limits in Section IV. A. shall be amended as follows: Payment to the ENGINEER for the performance of the professional services as outlined in this supplemental agreement shall be made on the basis of the lump sum fee specified below: 468 83978 $17,325.00 468 83979 $10,925.00 TOTAL $28,250.00 C. PROVISIONS OF THE ORIGINAL CONTRACT The parties hereunto mutually agree that all provisions and requirements of the existing Contract, not specifically modified by this Supplemental Agreement, shall remain in force and effect. IN WITNESS WHEREOF, the CITY and the ENGINEER have executed this Supplemental Agreement as of this __________ day of ____________________, 2006. BY ACTION OF THE CITY COUNCIL Carlos Mayans, Mayor ATTEST: Karen Sublett, City Clerk APPROVED AS TO FORM: Gary Rebenstorf, Director of Law MKEC ENGINEERING CONSULTANTS, INC. (Name & Title) ATTEST: _________________________________ Agenda Item No. 13c. City of Wichita City Council Meeting July 11, 2006 Agenda Report No. 06-0694 TO: Mayor and City Council SUBJECT: Approval of Labor Negotiation Consultant Contract INITIATED BY: Department of Law/Human Resources AGENDA: Consent Recommendation: Approve contract for professional legal services. Background: On June 20, 2006, City Council approved the recommendation of a staff screening and selection committee to select the legal team of the McAnany, VanCleave and Phillips law firm and Frank Ojile as the Labor Negotiation Consultant, and directed staff to negotiate a contract with the McAnany and Ojile legal team for professional legal services. Analysis: The City sought qualified attorneys to provide professional consultation and legal services in connection with union negotiations. The legal team will act as a consultant and advisor on an as needed basis and provide professional consulting services to the City as required and requested to accomplish the negotiation of union contracts. The contract has been drafted for a one-year term, and is based on the content of the City's RFP and the legal team's response. Goal Impact: Provide a Safe and Secure Community. Financial Considerations: Compensation is based upon an hourly rate and a not?to?exceed amount of $75,000 for hourly fees and expenses. Funding for the agreement will be taken from the General Fund appropriated reserves. Legal Considerations: The City Attorney's Office has prepared the contract and approved it as to form. Recommendations/Actions: It is recommended that City Council approve the contract; approve necessary budget adjustments and authorize necessary signatures. AGENDA ITEM NO. 14a. City of Wichita City Council Meeting July 11, 2006 Agenda Report No. 06-0695 TO: Mayor and City Council Members SUBJECT: Agreement for Design Services for Crestlake Addition (north of Central, west of 127th Street East) (District II) INITIATED BY: Department of Public Works AGENDA: Consent Recommendation: Approve the Agreement. Background: The City Council approved the water distribution system, sanitary sewer, drainage and paving improvements in Crestlake Addition on April 18, 2006. Analysis: The proposed Agreement between the City and Ruggles & Bohm, P.A. (R&B) provides for the design of bond financed improvements consisting of water distribution system, sanitary sewer, drainage and paving in Crestlake Addition. Per Administrative Regulation 1.10, staff recommends that R&B be hired for this work, as this firm provided the preliminary engineering services for the platting of the subdivision and can expedite plan preparation. Financial Considerations: Payment to R&B will be on a lump sum basis of $92,800 and will be paid by special assessments. Goal Impact: This Agreement addresses the Efficient Infrastructure goal by providing the engineering design services needed for the construction of water, sewer, drainage and paving improvements in a new subdivision. It also addresses the Economic Vitality and Affordable Living goal by providing public improvements in new developments that are vital to Wichita's continued economic growth. Legal Considerations: The Agreement has been approved as to form by the Law Department. Recommendation/Action: It is recommended that the City Council approve the Agreement and authorize the necessary signatures. Attachments: Agreement AGREEMENT for PROFESSIONAL SERVICES between THE CITY OF WICHITA, KANSAS, and RUGGLES & BOHM, P.A., for RESTLAKE ADDITION THIS AGREEMENT, made this ________________ day of _____________________________________, 2006, by and between the CITY OF WICHITA, KANSAS, party of the first part, hereinafter called the "CITY" and RUGGLES & BOHM, P.A., party of the second part, hereinafter called the "ENGINEER". WITNESSETH: That WHEREAS, the CITY intends to construct; WATER DISTRIBUTION SYSTEM NO. 448 90192 serving Lots 1 through 36, Block 1; Lots 1 through 29, Block 2, Crestlake Addition (north of Central, west of 127th Street East) (Project No. 448 90192). LATERAL 396, FOUR MILE CREEK SEWER serving Lots 1 through 36, Block 1; Lots 1 through 29, Block 2, Crestlake Addition (north of Central, west of 127th Street East) (Project No. 468 84182). STORM WATER DRAIN NO. 294 serving Lots 1 through 36, Block 1; Lots 1 through 29, Block 2, Crestlake Addition (north of Central, west of 127th Street East) (Project No. 468 84183). BRACKEN/TROON/WOODRIDGE from the north line of Central to the north line of Central; BRACKEN COURT from the west line of Bracken to and including cul-de-sac; TROON COURT from the south line of Troon to and including cul-de-sac; WHITE TAIL from the north line of Troon to a point approximately 50 feet north of the north line of Crestlake. (north of Central, west of 127th Street East) (Project No. 472 84406). NOW, THEREFORE, the parties hereto do mutually agree as follows: I. SCOPE OF SERVICES The ENGINEER shall furnish professional services as required for designing improvements in Crestlake Addition and to perform the PROJECT tasks outlined in Exhibit A. II. IN ADDITION, THE ENGINEER AGREES A. To provide the various technical and professional services, equipment, material and transportation to perform the tasks as outlined in the SCOPE OF SERVICES (Exhibit A). B. To attend meetings with the City and other local, state and federal agencies as necessitated by the SCOPE OF SERVICES. C. To make available during regular office hours, all calculations, sketches and drawings such as the CITY may wish to examine periodically during performance of this agreement. D. To save and hold CITY harmless against all suits, claims, damages and losses for injuries to persons or property arising from or caused by errors, omissions or negligent acts of ENGINEER, its agents, servants, employees, or subcontractors occurring in the performance of its services under this contract. E. To maintain books, documents, papers, accounting records and other evidence pertaining to costs incurred by ENGINEER and, where relevant to method of payment, to make such material available to the CITY. F. To comply with all Federal, State and local laws, ordinances and regulations applicable to the work, including Title VI of the Civil Rights Act of 1964, and to comply with the CITY'S Affirmative Action Program as set forth in Exhibit "B" which is attached hereto and adopted by reference as though fully set forth herein. G. To accept compensation for the work herein described in such amounts and at such periods as provided in Article IV and that such compensation shall be satisfactory and sufficient payment for all work performed, equipment or materials used and services rendered in connection with such work. H. To complete the services to be performed by ENGINEER within the time allotted for the PROJECT in accordance with Exhibit A; EXCEPT that the ENGINEER shall not be responsible or held liable for delays occasioned by the actions or inactions of the CITY or other agencies, or for other unavoidable delays beyond control of the ENGINEER. I. Covenants and represents to be responsible for the professional and technical accuracies and the coordination of all designs, drawings, specifications, plans and/or other work or material furnished by the ENGINEER under this agreement. ENGINEER further agrees, covenants and represents, that all designs, drawings, specifications, plans, and other work or material furnished by ENGINEER, its agents, employees and subcontractors, under this agreement, including any additions, alterations or amendments thereof, shall be free from negligent errors or omissions. J. ENGINEER shall procure and maintain such insurance as will protect the ENGINEER from damages resulting from the negligent acts of the ENGINEER, its agents, officers, employees and subcontractors in the performance of the professional services rendered under this agreement. Such policy of insurance shall be in an amount not less than $500,000.00 subject to a deductible of $5,000.00. In addition, a Workman's Compensation and Employer's Liability Policy shall be procured and maintained. This policy shall include an "all state" endorsement. Said insurance policy shall also cover claims for injury, disease or death of employees arising out of and in the course of their employment, which, for any reason, may not fall within the provisions of the Workman's Compensation Law. The liability limit shall be not less than: Workman's Compensation - Statutory Employer's Liability - $500,000 each occurrence. Further, a comprehensive general liability policy shall be procured and maintained by the ENGINEER that shall be written in a comprehensive form and shall protect ENGINEER against all claims arising from injuries to persons (other than ENGINEER'S employees) or damage to property of the CITY or others arising out of any negligent act or omission of ENGINEER, its agents, officers, employees or subcontractors in the performance of the professional services under this agreement. The liability limit shall not be less than $500,000.00 per occurrence for bodily injury, death and property damage. Satisfactory Certificates of Insurance shall be filed with the CITY prior to the time ENGINEER starts any work under this agreement. In addition, insurance policies applicable hereto shall contain a provision that provides that the CITY shall be given thirty (30) days written notice by the insurance company before such policy is substantially changed or canceled. K. To designate a Project Manager for the coordination of the work that this agreement requires to be performed. The ENGINEER agrees to advise the CITY, in writing, of the person(s) designated as Project Manager not later than five (5) days following issuance of the notice to proceed on the work required by this agreement. The ENGINEER shall also advise the CITY of any changes in the person designated Project Manager. Written notification shall be provided to the CITY for any changes exceeding one week in length of time. III. THE CITY AGREES: A. To furnish all available data pertaining to the PROJECT now in the CITY'S files at no cost to the ENGINEER. Confidential materials so furnished will be kept confidential by the ENGINEER. B. To provide standards as required for the PROJECT; however, reproduction costs are the responsibility of the ENGINEER, except as specified in Exhibit A. C. To pay the ENGINEER for his services in accordance with the requirements of this agreement. D. To provide the right-of-entry for ENGINEER'S personnel in performing field surveys and inspections. E. To designate a Project Manager for the coordination of the work that this agreement requires to be performed. The CITY agrees to advise, the ENGINEER, in writing, of the person(s) designated as Project Manager with the issuance of the notice to proceed on the work required by this agreement. The CITY shall also advise the ENGINEER of any changes in the person(s) designated Project Manager. Written notification shall be provided to the ENGINEER for any changes exceeding one week in length of time. F. To examine all studies, reports, sketches, drawings, specifications, proposals and other documents presented by ENGINEER in a timely fashion. IV. PAYMENT PROVISIONS A. Payment to the ENGINEER for the performance of the professional services required by this agreement shall be made on the basis of the lump sum fee amount specified below: Project No. 448 90192 $ 9,400.00 Project No. 468 84182 $14,000.00 Project No. 468 84183 $33,000.00 Project No. 472 84406 $36,400.00 TOTAL $92,800.00 B. When requested by the CITY, the ENGINEER will enter into a Supplemental Agreement for additional services related to the PROJECT such as, but not limited to: 1. Consultant or witness for the CITY in any litigation, administrative hearing, or other legal proceedings related to the PROJECT. 2. Additional design services not covered by the scope of this agreement. 3. Construction staking, material testing, inspection and administration related to the PROJECT. 4. A major change in the scope of services for the PROJECT. If additional work should be necessary, the ENGINEER will be given written notice by the CITY along with a request for an estimate of the increase necessary in the not-to-exceed fee for performance of such additions. No additional work shall be performed nor shall additional compensation be paid except on the basis of a Supplemental Agreement duly entered into by the parties. V. THE PARTIES HERETO MUTUALLY AGREE: A. That the right is reserved to the CITY to terminate this agreement at any time, upon written notice, in the event the PROJECT is to be abandoned or indefinitely postponed, or because of the ENGINEER'S inability to proceed with the work. B. That the field notes and other pertinent drawings and documents pertaining to the PROJECT shall become the property of the CITY upon completion or termination of the ENGINEER'S services in accordance with this agreement; and there shall be no restriction or limitation on their further use by the CITY. Provided, however, that CITY shall hold ENGINEER harmless from any and all claims, damages or causes of action which arise out of such further use when such further use is not in connection with the PROJECT. C. That the services to be performed by the ENGINEER under the terms of this agreement are personal and cannot be assigned, sublet or transferred without specific consent of the CITY. D. In the event of unavoidable delays in the progress of the work contemplated by this agreement, reasonable extensions in the time allotted for the work will be granted by the CITY, provided, however, that the ENGINEER shall request extensions, in writing, giving the reasons therefor. E. It is further agreed that this agreement and all contracts entered into under the provisions of this agreement shall be binding upon the parties hereto and their successors and assigns. F. Neither the CITY'S review, approval or acceptance of, nor payment for, any of the work or services required to be performed by the ENGINEER under this agreement shall be construed to operate as a waiver of any right under this agreement or any cause of action arising out of the performance of this agreement. G. The rights and remedies of the CITY provided for under this agreement are in addition to any other rights and remedies provided by law. H. It is specifically agreed between the parties executing this contract, that it is not intended by any of the provisions of any part of this contract to create the public or any member thereof a third party beneficiary hereunder, or to authorize anyone not a party to this contract to maintain a suit for damages pursuant to the terms or provisions of this contract. IN WITNESS WHEREOF, the CITY and the ENGINEER have executed this agreement as of the date first written above. BY ACTION OF THE CITY COUNCIL Carlos Mayans, Mayor SEAL: ATTEST: Karen Sublett, City Clerk APPROVED AS TO FORM: Gary Rebenstorf, Director of Law RUGGLES & BOHM, P.A. (Name & Title) ATTEST: EXHIBIT "A" SCOPE OF SERVICES The ENGINEER shall furnish engineering services as required for the development of plans, supplemental specifications and estimates of the quantities of work for the PROJECT in the format and detail required by the City Engineer for the City of Wichita. Engineering plans shall be prepared in ink on standard 22" x 36" Mylar sheets. In connection with the services to be provided, the ENGINEER shall: A. PHASE I - PLAN DEVELOPMENT When authorized by the CITY, proceed with development of Plans for the PROJECT based on the preliminary design concepts approved by the CITY. 1. Field Surveys. Provide engineering and technical personnel and equipment to obtain survey data as required for the engineering design. Utility companies shall be requested to flag or otherwise locate their facilities within the PROJECT limits prior to the ENGINEER conducting the field survey for the PROJECT. Utility information shall be clearly noted and identified on the plans. 2. Soils and Foundation Investigations. The CITY's Engineering Division of the Department of Public Works shall provide subsurface borings and soils investigations for the PROJECT. However, the CITY may authorize the ENGINEER to direct an approved Testing Laboratory to perform subsurface borings and soils investigations for the PROJECT, which shall be reported in the format and detail required by the City Engineer for the City of Wichita. The Testing Laboratory shall be responsible for the accuracy and competence of their work. The ENGINEER's contract with the Testing Laboratory shall provide that the Testing Laboratory is responsible to the City for the accuracy and competence of their work. The cost of soils and boring investigations shall be passed directly to the City of Wichita. 3. Review Preliminary Design Concepts. Submit preliminary design concepts for review with the City Engineer or his designated representative prior to progressing to detail aspects of the work unless waived by the City Engineer. 4. Prepare engineering plans, plan quantities and supplemental specifications as required. Engineering plans will include incidental drainage where required and permanent traffic signing. The PROJECT's plans and proposed special provisions shall address the requirements included in the City's Administrative Regulations 78, "Cleanup, Restoration or Replacement Following Construction." Also, final plans, field notes and other pertinent project mapping records are to be provided to the CITY via floppy diskettes (3 1/2"), CD-ROM, or other media acceptable to the City Engineer. The files are to be AutoCAD drawing files or DXF/DXB files. Layering, text fonts, etc. are to be reviewed and approved during the preliminary concept development phase of the design work. Text fonts other than standard AutoCAD files are to be included with drawing files. In addition to supplying the electronic files of the AutoCAD drawing files of the final plans, ENGINEER will also need to supply electronic files of the drawings in PDF format. 5. Prepare right-of-way tract maps and descriptions as required in clearly drawn detail and with sufficient reference to certificate of title descriptions. ENGINEER will perform all necessary survey work associated with marking the additional right-of-way easements. This shall include the monumentation of new corners for any additional right-of-way and a one time marking of the right-of-way for utility relocations. 6. Identify all potential utility conflicts and provide prints of preliminary plans showing the problem locations to each utility. ENGINEER shall meet with utility company representatives to review plans and coordinate resolution of utility conflicts prior to PROJECT letting or, if approved by the City Engineer, identify on plans conflicts to be resolved during construction. Provide to CITY utility status report identifying utility conflicts with dates by which the conflicts will be eliminated with signed utility agreements from each involved utility company. ENGINEER shall meet with involved utility company/ies and project contractor to resolve any conflicts with utilities that occur during construction that were not identified and coordinated during design. 7. Deliver the original tracings of the Final approved plans to the CITY for their use in printing plans for prospective bidders. 8. All applicable coordinate control points and related project staking information shall be furnished on a 3-1/2" diskette in a format agreed upon by the CITY. When applicable, this coordinate information will be used by the CITY for construction staking purposes. 9. Complete and deliver field notes, plan tracings, specifications and estimates to the CITY within the time allotted for the PROJECTS as stipulated below. a. Plan Development for the water improvements by 7/26/06. (Project No. 448 90192). b. Plan Development for the sewer improvements by 6/21/06. (Project No. 468 84182). c. Plan Development for the storm water improvement 7/19/06. (Project No. 468 84183). d. Plan Development for the paving improvements by 8/9/06. (Project No. 472 84406). Agenda Item No. 14b. City of Wichita City Council Meeting July 11, 2006 Agenda Report No. 06-0696 TO: Mayor and City Council Members SUBJECT: Agreement for Design Services for Fawn Grove at Sunset Lakes (south of Kellogg, east of Greenwich) (District II) INITIATED BY: Department of Public Works AGENDA: Consent Recommendation: Approve the Agreement. Background: The City Council approved the water distribution system, sanitary sewer and paving improvements in Fawn Grove at Sunset Lakes on May 2, 2006. Analysis: The proposed Agreement between the City and Ruggles & Bohm, P.A. (R&B) provides for the design of bond financed improvements consisting of water distribution system, sanitary sewer and paving in Fawn Grove at Sunset Lakes. Per Administrative Regulation 1.10, staff recommends that R&B be hired for this work, as this firm provided the preliminary engineering services for the platting of the subdivision and can expedite plan preparation. Financial Considerations: Payment to R&B will be on a lump sum basis of $28,900 and will be paid by special assessments. Goal Impact: This Agreement addresses the Efficient Infrastructure goal by providing the engineering design services needed for the construction of water, sewer and paving improvements in a new subdivision. It also addresses the Economic Vitality and Affordable Living goal by providing public improvements in new developments that are vital to Wichita's continued economic growth. Legal Considerations: The Agreement has been approved as to form by the Law Department. Recommendation/Action: It is recommended that the City Council approve the Agreement and authorize the necessary signatures. Attachments: Agreement AGREEMENT for PROFESSIONAL SERVICES between THE CITY OF WICHITA, KANSAS, and RUGGLES & BOHM, P.A., for FAWN GROVE AT SUNSET LAKES THIS AGREEMENT, made this ________________ day of _____________________________________, 2006, by and between the CITY OF WICHITA, KANSAS, party of the first part, hereinafter called the "CITY" and RUGGLES & BOHM, P.A., party of the second part, hereinafter called the "ENGINEER". WITNESSETH: That WHEREAS, the CITY intends to construct; WATER DISTRIBUTION SYSTEM NO. 448 90194 serving Lots 66 through 83, Block 2; Lots 7 through 21, Block 3, Fawn Grove at Sunset Lakes (south of Kellogg, east of Greenwich) (Project No. 448 90194). LATERAL 397, FOUR MILE CREEK SEWER serving Lots 74 through 83, Block 2; Lots 7 through 27, Block 3, Fawn Grove at Sunset Lakes (south of Kellogg, east of Greenwich) (Project No. 468 84185). FAWN GROVE from the east line of Lot 66, Block 2 to the west line of Lot 83, Block 2 (south of Kellogg, west of Greenwich) (Project No. 472 84408). NOW, THEREFORE, the parties hereto do mutually agree as follows: I. SCOPE OF SERVICES The ENGINEER shall furnish professional services as required for designing improvements in Fawn Grove at Sunset Lakes and to perform the PROJECT tasks outlined in Exhibit A. II. IN ADDITION, THE ENGINEER AGREES A. To provide the various technical and professional services, equipment, material and transportation to perform the tasks as outlined in the SCOPE OF SERVICES (Exhibit A). B. To attend meetings with the City and other local, state and federal agencies as necessitated by the SCOPE OF SERVICES. C. To make available during regular office hours, all calculations, sketches and drawings such as the CITY may wish to examine periodically during performance of this agreement. D. To save and hold CITY harmless against all suits, claims, damages and losses for injuries to persons or property arising from or caused by errors, omissions or negligent acts of ENGINEER, its agents, servants, employees, or subcontractors occurring in the performance of its services under this contract. E. To maintain books, documents, papers, accounting records and other evidence pertaining to costs incurred by ENGINEER and, where relevant to method of payment, to make such material available to the CITY. F. To comply with all Federal, State and local laws, ordinances and regulations applicable to the work, including Title VI of the Civil Rights Act of 1964, and to comply with the CITY'S Affirmative Action Program as set forth in Exhibit "B" which is attached hereto and adopted by reference as though fully set forth herein. G. To accept compensation for the work herein described in such amounts and at such periods as provided in Article IV and that such compensation shall be satisfactory and sufficient payment for all work performed, equipment or materials used and services rendered in connection with such work. H. To complete the services to be performed by ENGINEER within the time allotted for the PROJECT in accordance with Exhibit A; EXCEPT that the ENGINEER shall not be responsible or held liable for delays occasioned by the actions or inactions of the CITY or other agencies, or for other unavoidable delays beyond control of the ENGINEER. I. Covenants and represents to be responsible for the professional and technical accuracies and the coordination of all designs, drawings, specifications, plans and/or other work or material furnished by the ENGINEER under this agreement. ENGINEER further agrees, covenants and represents, that all designs, drawings, specifications, plans, and other work or material furnished by ENGINEER, its agents, employees and subcontractors, under this agreement, including any additions, alterations or amendments thereof, shall be free from negligent errors or omissions. J. ENGINEER shall procure and maintain such insurance as will protect the ENGINEER from damages resulting from the negligent acts of the ENGINEER, its agents, officers, employees and subcontractors in the performance of the professional services rendered under this agreement. Such policy of insurance shall be in an amount not less than $500,000.00 subject to a deductible of $5,000.00. In addition, a Workman's Compensation and Employer's Liability Policy shall be procured and maintained. This policy shall include an "all state" endorsement. Said insurance policy shall also cover claims for injury, disease or death of employees arising out of and in the course of their employment, which, for any reason, may not fall within the provisions of the Workman's Compensation Law. The liability limit shall be not less than: Workman's Compensation - Statutory Employer's Liability - $500,000 each occurrence. Further, a comprehensive general liability policy shall be procured and maintained by the ENGINEER that shall be written in a comprehensive form and shall protect ENGINEER against all claims arising from injuries to persons (other than ENGINEER'S employees) or damage to property of the CITY or others arising out of any negligent act or omission of ENGINEER, its agents, officers, employees or subcontractors in the performance of the professional services under this agreement. The liability limit shall not be less than $500,000.00 per occurrence for bodily injury, death and property damage. Satisfactory Certificates of Insurance shall be filed with the CITY prior to the time ENGINEER starts any work under this agreement. In addition, insurance policies applicable hereto shall contain a provision that provides that the CITY shall be given thirty (30) days written notice by the insurance company before such policy is substantially changed or canceled. K. To designate a Project Manager for the coordination of the work that this agreement requires to be performed. The ENGINEER agrees to advise the CITY, in writing, of the person(s) designated as Project Manager not later than five (5) days following issuance of the notice to proceed on the work required by this agreement. The ENGINEER shall also advise the CITY of any changes in the person designated Project Manager. Written notification shall be provided to the CITY for any changes exceeding one week in length of time. III. THE CITY AGREES: A. To furnish all available data pertaining to the PROJECT now in the CITY'S files at no cost to the ENGINEER. Confidential materials so furnished will be kept confidential by the ENGINEER. B. To provide standards as required for the PROJECT; however, reproduction costs are the responsibility of the ENGINEER, except as specified in Exhibit A. C. To pay the ENGINEER for his services in accordance with the requirements of this agreement. D. To provide the right-of-entry for ENGINEER'S personnel in performing field surveys and inspections. E. To designate a Project Manager for the coordination of the work that this agreement requires to be performed. The CITY agrees to advise, the ENGINEER, in writing, of the person(s) designated as Project Manager with the issuance of the notice to proceed on the work required by this agreement. The CITY shall also advise the ENGINEER of any changes in the person(s) designated Project Manager. Written notification shall be provided to the ENGINEER for any changes exceeding one week in length of time. F. To examine all studies, reports, sketches, drawings, specifications, proposals and other documents presented by ENGINEER in a timely fashion. IV. PAYMENT PROVISIONS A. Payment to the ENGINEER for the performance of the professional services required by this agreement shall be made on the basis of the lump sum fee amount specified below: Project No. 448 90194 $ 2,800.00 Project No. 468 84185 $ 6,700.00 Project No. 472 84408 $19,400.00 TOTAL $28,900.00 B. When requested by the CITY, the ENGINEER will enter into a Supplemental Agreement for additional services related to the PROJECT such as, but not limited to: 1. Consultant or witness for the CITY in any litigation, administrative hearing, or other legal proceedings related to the PROJECT. 2. Additional design services not covered by the scope of this agreement. 3. Construction staking, material testing, inspection and administration related to the PROJECT. 4. A major change in the scope of services for the PROJECT. If additional work should be necessary, the ENGINEER will be given written notice by the CITY along with a request for an estimate of the increase necessary in the not-to-exceed fee for performance of such additions. No additional work shall be performed nor shall additional compensation be paid except on the basis of a Supplemental Agreement duly entered into by the parties. V. THE PARTIES HERETO MUTUALLY AGREE: A. That the right is reserved to the CITY to terminate this agreement at any time, upon written notice, in the event the PROJECT is to be abandoned or indefinitely postponed, or because of the ENGINEER'S inability to proceed with the work. B. That the field notes and other pertinent drawings and documents pertaining to the PROJECT shall become the property of the CITY upon completion or termination of the ENGINEER'S services in accordance with this agreement; and there shall be no restriction or limitation on their further use by the CITY. Provided, however, that CITY shall hold ENGINEER harmless from any and all claims, damages or causes of action which arise out of such further use when such further use is not in connection with the PROJECT. C. That the services to be performed by the ENGINEER under the terms of this agreement are personal and cannot be assigned, sublet or transferred without specific consent of the CITY. D. In the event of unavoidable delays in the progress of the work contemplated by this agreement, reasonable extensions in the time allotted for the work will be granted by the CITY, provided, however, that the ENGINEER shall request extensions, in writing, giving the reasons therefor. E. It is further agreed that this agreement and all contracts entered into under the provisions of this agreement shall be binding upon the parties hereto and their successors and assigns. F. Neither the CITY'S review, approval or acceptance of, nor payment for, any of the work or services required to be performed by the ENGINEER under this agreement shall be construed to operate as a waiver of any right under this agreement or any cause of action arising out of the performance of this agreement. G. The rights and remedies of the CITY provided for under this agreement are in addition to any other rights and remedies provided by law. H. It is specifically agreed between the parties executing this contract, that it is not intended by any of the provisions of any part of this contract to create the public or any member thereof a third party beneficiary hereunder, or to authorize anyone not a party to this contract to maintain a suit for damages pursuant to the terms or provisions of this contract. IN WITNESS WHEREOF, the CITY and the ENGINEER have executed this agreement as of the date first written above. BY ACTION OF THE CITY COUNCIL Carlos Mayans, Mayor SEAL: ATTEST: Karen Sublett, City Clerk APPROVED AS TO FORM: Gary Rebenstorf, Director of Law RUGGLES & BOHM, P.A. (Name & Title) ATTEST: EXHIBIT "A" SCOPE OF SERVICES The ENGINEER shall furnish engineering services as required for the development of plans, supplemental specifications and estimates of the quantities of work for the PROJECT in the format and detail required by the City Engineer for the City of Wichita. Engineering plans shall be prepared in ink on standard 22" x 36" Mylar sheets. In connection with the services to be provided, the ENGINEER shall: A. PHASE I - PLAN DEVELOPMENT When authorized by the CITY, proceed with development of Plans for the PROJECT based on the preliminary design concepts approved by the CITY. 1. Field Surveys. Provide engineering and technical personnel and equipment to obtain survey data as required for the engineering design. Utility companies shall be requested to flag or otherwise locate their facilities within the PROJECT limits prior to the ENGINEER conducting the field survey for the PROJECT. Utility information shall be clearly noted and identified on the plans. 2. Soils and Foundation Investigations. The CITY's Engineering Division of the Department of Public Works shall provide subsurface borings and soils investigations for the PROJECT. However, the CITY may authorize the ENGINEER to direct an approved Testing Laboratory to perform subsurface borings and soils investigations for the PROJECT, which shall be reported in the format and detail required by the City Engineer for the City of Wichita. The Testing Laboratory shall be responsible for the accuracy and competence of their work. The ENGINEER's contract with the Testing Laboratory shall provide that the Testing Laboratory is responsible to the City for the accuracy and competence of their work. The cost of soils and boring investigations shall be passed directly to the City of Wichita. 3. Review Preliminary Design Concepts. Submit preliminary design concepts for review with the City Engineer or his designated representative prior to progressing to detail aspects of the work unless waived by the City Engineer. 4. Prepare engineering plans, plan quantities and supplemental specifications as required. Engineering plans will include incidental drainage where required and permanent traffic signing. The PROJECT's plans and proposed special provisions shall address the requirements included in the City's Administrative Regulations 78, "Cleanup, Restoration or Replacement Following Construction." Also, final plans, field notes and other pertinent project mapping records are to be provided to the CITY via floppy diskettes (3 1/2"), CD-ROM, or other media acceptable to the City Engineer. The files are to be AutoCAD drawing files or DXF/DXB files. Layering, text fonts, etc. are to be reviewed and approved during the preliminary concept development phase of the design work. Text fonts other than standard AutoCAD files are to be included with drawing files. In addition to supplying the electronic files of the AutoCAD drawing files of the final plans, ENGINEER will also need to supply electronic files of the drawings in PDF format. 5. Prepare right-of-way tract maps and descriptions as required in clearly drawn detail and with sufficient reference to certificate of title descriptions. ENGINEER will perform all necessary survey work associated with marking the additional right-of-way easements. This shall include the monumentation of new corners for any additional right-of-way and a one time marking of the right-of-way for utility relocations. 6. Identify all potential utility conflicts and provide prints of preliminary plans showing the problem locations to each utility. ENGINEER shall meet with utility company representatives to review plans and coordinate resolution of utility conflicts prior to PROJECT letting or, if approved by the City Engineer, identify on plans conflicts to be resolved during construction. Provide to CITY utility status report identifying utility conflicts with dates by which the conflicts will be eliminated with signed utility agreements from each involved utility company. ENGINEER shall meet with involved utility company/ies and project contractor to resolve any conflicts with utilities that occur during construction that were not identified and coordinated during design. 7. Deliver the original tracings of the Final approved plans to the CITY for their use in printing plans for prospective bidders. 8. All applicable coordinate control points and related project staking information shall be furnished on a 3-1/2" diskette in a format agreed upon by the CITY. When applicable, this coordinate information will be used by the CITY for construction staking purposes. 9. Complete and deliver field notes, plan tracings, specifications and estimates to the CITY within the time allotted for the PROJECTS as stipulated below. a. Plan Development for the water improvements by 7/1/06. (Project No. 448 90194). b. Plan Development for the sewer improvements by 7/1/06. (Project No. 468 84185). c. Plan Development for the paving improvements by 7/1/06. (Project No. 472 84408). Agenda Item No. 14c. City of Wichita City Council Meeting July 11, 2006 Agenda Report No. 06-0697 TO: Mayor and City Council Members SUBJECT: Supplemental Design Agreement for East Kellogg Sanitary Sewer Modification (Districts II & III) INITIATED BY: Department of Public Works AGENDA: Consent Recommendation: Approve the Supplemental Agreement. Background: On October 3, 2000, the City entered into an Agreement with MKEC Engineering Consultants, Inc. (MKEC) for designing East Kellogg sanitary sewer modification. Portions of the existing sanitary sewer system conflicted with the East Kellogg roadway improvements. The fee was $106,100. Analysis: A Supplemental design agreement has been prepared with MKEC for redesigning the sanitary sewer alignment because of the new location of the easement. The original alignment had the sewer crossing near the north property line of a privately owned lot. The property owner decided that rather than granting easement along his north property as originally thought, he wanted the easement to be further south across his property. The revised easement location resulted in the need for a revised alignment and revised project plans. Financial Considerations: Payment to MKEC for the Supplemental Agreement will be made on a lump sum basis of $11,480 and will be paid by Sewer Water Utility. Goal Impact: Goal Impact: This Supplemental Agreement addresses the Efficient Infrastructure goal by providing the engineering design services needed to provide a viable transportation system and sanitary sewers for the community. Legal Considerations: The Supplemental Agreement has been approved as to form by the Law Department. Recommendation/Action: It is recommended that the City Council approve the Supplemental Agreement and authorize the necessary signatures. Attachments: Supplemental Agreement. SUPPLEMENTAL AGREEMENT TO THE AGREEMENT FOR PROFESSIONAL SERVICES DATED OCTOBER 3, 2000, BETWEEN, THE CITY OF WICHITA, KANSAS, PARTY OF THE FIRST PART, HEREINAFTER CALLED THE "CITY," AND MKEC ENGINEERING CONSULTANTS, INC., PARTY OF THE SECOND PART, HEREINAFTER CALLED THE "ENGINEER" WITNESSETH: WHEREAS, there now exists a Contract (dated October 3, 2000) between the two parties covering engineering services to be provided by the ENGINEER in conjunction with the construction of improvements to the EAST KELLOGG SANITARY SEWER MODIFICATION (Project No. 468 83152). WHEREAS, Paragraph IV. B. of the above referenced Contract provides that additional work be performed and additional compensation be paid on the basis of a Supplemental Agreement duly entered into by 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 "PROJECT" as stated on page 1 of the above referenced agreement is hereby amended to include the following: Redesign the sanitary sewer alignment, because of the new location of the easement (approximately 600 feet of new line). 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 supplemental agreement will increase the total contract by $11,480.00. C. COMPLETION The ENGINEER agrees to complete and deliver the field notes, preliminary and final plans (including final tracings), specifications and estimates to the CITY by _____________________; EXCEPT that the ENGINEER shall not be responsible or held liable for delays occasioned by the actions 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 existing Contract, not specifically modified by this Supplemental Agreement, shall remain in force and effect. IN WITNESS WHEREOF, the CITY and the ENGINEER have executed this Supplemental Agreement as of this __________ day of ____________________, 2006. BY ACTION OF THE CITY COUNCIL Carlos Mayans, Mayor ATTEST: Karen Sublett, City Clerk APPROVED AS TO FORM: Gary Rebenstorf, Director of Law MKEC ENGINEERING CONSULTANTS, INC. (Name and Title) ATTEST: Agenda Item No. 14d. City of Wichita City Council Meeting July 11, 2006 Agenda Report No. 06-0698 TO: Mayor and City Council Members SUBJECT: Agreement for Design Services for Clifton Cove Addition (south of 63rd Street South, west of Clifton) (District III) INITIATED BY: Department of Public Works AGENDA: Consent Recommendation: Approve the Agreement. Background: The City Council approved the paving improvements in Clifton Cove Addition on November 15, 2005. Analysis: The proposed Agreement between the City and Baughman Company, P.A. provides for the design of bond financed improvements consisting of paving in Clifton Cove Addition. Per Administrative Regulation 1.10, staff recommends that Baughman be hired for this work, as this firm provided the preliminary engineering services for the platting of the subdivision and can expedite plan preparation. Financial Considerations: Payment to Baughman will be on a lump sum basis of $26,200 and will be paid by special assessments. Goal Impact: This Agreement addresses the Efficient Infrastructure goal by providing the engineering design services needed for the construction of paving improvements in a new subdivision. It also addresses the Economic Vitality and Affordable Living goal by providing public improvements in new developments that are vital to Wichita's continued economic growth. Legal Considerations: The Agreement has been approved as to form by the Law Department. Recommendation/Action: It is recommended that the City Council approve the Agreement and authorize the necessary signatures. Attachments: Agreement AGREEMENT for PROFESSIONAL SERVICES between THE CITY OF WICHITA, KANSAS, and BAUGHMAN COMPANY, P.A., for CLIFTON COVE ADDITION THIS AGREEMENT, made this ________________ day of _____________________________________, 2006, by and 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: That WHEREAS, the CITY intends to construct; JADE AVENUE from the north line of the plat, south to the north line of Sunflower Drive, SUNFLOWER DRIVE from the west line of Jade Avenue west to the east line of Cedardale Avenue, on CEDARDALE AVENUE from the north line of the plat south and east to the west line of Jade Avenue, and on JADE AVENUE from the south line of Cedardale Avenue north to the south line of Sunflower Drive and a sidewalk constructed on Jade Avenue (south of 63rd Street South, west of Clifton) (Project No. 472 84227). NOW, THEREFORE, the parties hereto do mutually agree as follows: I. SCOPE OF SERVICES The ENGINEER shall furnish professional services as required for designing improvements in Clifton Cove Addition and to perform the PROJECT tasks outlined in Exhibit A. II. IN ADDITION, THE ENGINEER AGREES A. To provide the various technical and professional services, equipment, material and transportation to perform the tasks as outlined in the SCOPE OF SERVICES (Exhibit A). B. To attend meetings with the City and other local, state and federal agencies as necessitated by the SCOPE OF SERVICES. C. To make available during regular office hours, all calculations, sketches and drawings such as the CITY may wish to examine periodically during performance of this agreement. D. To save and hold CITY harmless against all suits, claims, damages and losses for injuries to persons or property arising from or caused by errors, omissions or negligent acts of ENGINEER, its agents, servants, employees, or subcontractors occurring in the performance of its services under this contract. E. To maintain books, documents, papers, accounting records and other evidence pertaining to costs incurred by ENGINEER and, where relevant to method of payment, to make such material available to the CITY. F. To comply with all Federal, State and local laws, ordinances and regulations applicable to the work, including Title VI of the Civil Rights Act of 1964, and to comply with the CITY'S Affirmative Action Program as set forth in Exhibit "B" which is attached hereto and adopted by reference as though fully set forth herein. G. To accept compensation for the work herein described in such amounts and at such periods as provided in Article IV and that such compensation shall be satisfactory and sufficient payment for all work performed, equipment or materials used and services rendered in connection with such work. H. To complete the services to be performed by ENGINEER within the time allotted for the PROJECT in accordance with Exhibit A; EXCEPT that the ENGINEER shall not be responsible or held liable for delays occasioned by the actions or inactions of the CITY or other agencies, or for other unavoidable delays beyond control of the ENGINEER. I. Covenants and represents to be responsible for the professional and technical accuracies and the coordination of all designs, drawings, specifications, plans and/or other work or material furnished by the ENGINEER under this agreement. ENGINEER further agrees, covenants and represents, that all designs, drawings, specifications, plans, and other work or material furnished by ENGINEER, its agents, employees and subcontractors, under this agreement, including any additions, alterations or amendments thereof, shall be free from negligent errors or omissions. J. ENGINEER shall procure and maintain such insurance as will protect the ENGINEER from damages resulting from the negligent acts of the ENGINEER, its agents, officers, employees and subcontractors in the performance of the professional services rendered under this agreement. Such policy of insurance shall be in an amount not less than $500,000.00 subject to a deductible of $10,000.00. In addition, a Workman's Compensation and Employer's Liability Policy shall be procured and maintained. This policy shall include an "all state" endorsement. Said insurance policy shall also cover claims for injury, disease or death of employees arising out of and in the course of their employment, which, for any reason, may not fall within the provisions of the Workman's Compensation Law. The liability limit shall be not less than: Workman's Compensation - Statutory Employer's Liability - $500,000 each occurrence. Further, a comprehensive general liability policy shall be procured and maintained by the ENGINEER that shall be written in a comprehensive form and shall protect ENGINEER against all claims arising from injuries to persons (other than ENGINEER'S employees) or damage to property of the CITY or others arising out of any negligent act or omission of ENGINEER, its agents, officers, employees or subcontractors in the performance of the professional services under this agreement. The liability limit shall not be less than $500,000.00 per occurrence for bodily injury, death and property damage. Satisfactory Certificates of Insurance shall be filed with the CITY prior to the time ENGINEER starts any work under this agreement. In addition, insurance policies applicable hereto shall contain a provision that provides that the CITY shall be given thirty (30) days written notice by the insurance company before such policy is substantially changed or canceled. K. To designate a Project Manager for the coordination of the work that this agreement requires to be performed. The ENGINEER agrees to advise the CITY, in writing, of the person(s) designated as Project Manager not later than five (5) days following issuance of the notice to proceed on the work required by this agreement. The ENGINEER shall also advise the CITY of any changes in the person designated Project Manager. Written notification shall be provided to the CITY for any changes exceeding one week in length of time. III. THE CITY AGREES: A. To furnish all available data pertaining to the PROJECT now in the CITY'S files at no cost to the ENGINEER. Confidential materials so furnished will be kept confidential by the ENGINEER. B. To provide standards as required for the PROJECT; however, reproduction costs are the responsibility of the ENGINEER, except as specified in Exhibit A. C. To pay the ENGINEER for his services in accordance with the requirements of this agreement. D. To provide the right-of-entry for ENGINEER'S personnel in performing field surveys and inspections. E. To designate a Project Manager for the coordination of the work that this agreement requires to be performed. The CITY agrees to advise, the ENGINEER, in writing, of the person(s) designated as Project Manager with the issuance of the notice to proceed on the work required by this agreement. The CITY shall also advise the ENGINEER of any changes in the person(s) designated Project Manager. Written notification shall be provided to the ENGINEER for any changes exceeding one week in length of time. F. To examine all studies, reports, sketches, drawings, specifications, proposals and other documents presented by ENGINEER in a timely fashion. IV. PAYMENT PROVISIONS A. Payment to the ENGINEER for the performance of the professional services required by this agreement shall be made on the basis of the lump sum fee amount specified below: Project No. 472 84227 $26,200.00 B. When requested by the CITY, the ENGINEER will enter into a Supplemental Agreement for additional services related to the PROJECT such as, but not limited to: 1. Consultant or witness for the CITY in any litigation, administrative hearing, or other legal proceedings related to the PROJECT. 2. Additional design services not covered by the scope of this agreement. 3. Construction staking, material testing, inspection and administration related to the PROJECT. 4. A major change in the scope of services for the PROJECT. If additional work should be necessary, the ENGINEER will be given written notice by the CITY along with a request for an estimate of the increase necessary in the not-to-exceed fee for performance of such additions. No additional work shall be performed nor shall additional compensation be paid except on the basis of a Supplemental Agreement duly entered into by the parties. V. THE PARTIES HERETO MUTUALLY AGREE: A. That the right is reserved to the CITY to terminate this agreement at any time, upon written notice, in the event the PROJECT is to be abandoned or indefinitely postponed, or because of the ENGINEER'S inability to proceed with the work. B. That the field notes and other pertinent drawings and documents pertaining to the PROJECT shall become the property of the CITY upon completion or termination of the ENGINEER'S services in accordance with this agreement; and there shall be no restriction or limitation on their further use by the CITY. Provided, however, that CITY shall hold ENGINEER harmless from any and all claims, damages or causes of action which arise out of such further use when such further use is not in connection with the PROJECT. C. That the services to be performed by the ENGINEER under the terms of this agreement are personal and cannot be assigned, sublet or transferred without specific consent of the CITY. D. In the event of unavoidable delays in the progress of the work contemplated by this agreement, reasonable extensions in the time allotted for the work will be granted by the CITY, provided, however, that the ENGINEER shall request extensions, in writing, giving the reasons therefor. E. It is further agreed that this agreement and all contracts entered into under the provisions of this agreement shall be binding upon the parties hereto and their successors and assigns. F. Neither the CITY'S review, approval or acceptance of, nor payment for, any of the work or services required to be performed by the ENGINEER under this agreement shall be construed to operate as a waiver of any right under this agreement or any cause of action arising out of the performance of this agreement. G. The rights and remedies of the CITY provided for under this agreement are in addition to any other rights and remedies provided by law. H. It is specifically agreed between the parties executing this contract, that it is not intended by any of the provisions of any part of this contract to create the public or any member thereof a third party beneficiary hereunder, or to authorize anyone not a party to this contract to maintain a suit for damages pursuant to the terms or provisions of this contract. IN WITNESS WHEREOF, the CITY and the ENGINEER have executed this agreement as of the date first written above. BY ACTION OF THE CITY COUNCIL Carlos Mayans, Mayor SEAL: ATTEST: Karen Sublett, City Clerk APPROVED AS TO FORM: Gary Rebenstorf, Director of Law BAUGHMAN COMPANY, P.A. (Name & Title) ATTEST: Agenda Item No. 14e. City of Wichita City Council Meeting July 11, 2006 Agenda Report No. 06-0699 TO: Mayor and City Council Members SUBJECT: Supplemental Design Agreement for Greenwich Road Improvement, between 26th Street North and 29th St. North (District II) INITIATED BY: Department of Public Works AGENDA: Consent Recommendation: Approve the Supplemental Agreement. Background: On May 4, 2004, the City entered into an Agreement with Professional Engineering Consultants, P.A. (PEC) for designing improvements to Greenwich Road from 13th Street North to the north ramp of K-96. The fee was $292,800. On January 10, 2006, the City Council approved Supplemental No. 1 because the northern limit of the project had been extended north to 26th Street North. The fee was $50,000. On June 6, 2006, the City Council approved a project to improve Greenwich Road from 26th St. North to 29th St. North. Analysis: A Supplemental design agreement has been prepared with PEC for the Greenwich Road improvement, from 26th St. North to 29th St. North. Financial Considerations: Payment to PEC for the Supplemental Agreement will be made on a lump sum basis of $90,000 and will be paid by General Obligations Bonds and Water Utility. Goal Impact: This project addresses the Ensure Efficient Infrastructure goal by improving a vital arterial street. It also addresses the Economic Vitality and Affordable Living goal by providing a public improvement necessary for the private sector's development of the surrounding area. Legal Considerations: The Supplemental Agreement has been approved as to form by the Law Department. Recommendation/Action: It is recommended that the City Council approve the Supplemental Agreement and authorize the necessary signatures. Attachments: Supplemental Agreement. SUPPLEMENTAL AGREEMENT NO. 2 TO THE AGREEMENT FOR PROFESSIONAL SERVICES DATED MAY 4, 2004, BETWEEN THE CITY OF WICHITA, KANSAS, PARTY OF THE FIRST PART, HEREINAFTER CALLED THE "CITY," AND PROFESSIONAL ENGINEERING CONSULTANTS, P.A., PARTY OF THE SECOND PART, HEREINAFTER CALLED THE "ENGINEER" WITNESSETH: WHEREAS, there now exists a Contract (dated May 4, 2004) between the two parties covering engineering services to be provided by the ENGINEER in conjunction with the construction of improvements to GREENWICH ROAD FROM 13TH STREET NORTH TO THE NORTH RAMP OF K-96 (Project No. 472 84004). WHEREAS, Paragraph IV. B. of the above referenced Contract provides that additional work be performed and additional compensation be paid on the basis of a Supplemental Agreement duly entered into by 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 "PROJECT" as stated on page 1 of the above referenced agreement is hereby amended to include the following: Greenwich Road from 27th Street North to 29th Street North (5-lanes) (extends the project north approximately 2,000 feet) 12" & 16" Water Main along 29th Street (connecting to the existing 16" Water Main in Greenwich Road) B. PAYMENT PROVISIONS The lump sum fee and the accumulated partial payment limits in Section IV. A. shall be amended as follows: Payment to the ENGINEER for the performance of the professional services as outlined in this supplemental agreement will increase the total contract by $90,000.00. This fee includes a lump sum fee of $10,300.00 for the water line design work. C. PROVISIONS OF THE ORIGINAL CONTRACT The parties hereunto mutually agree that all provisions and requirements of the existing Contract, not specifically modified by this Supplemental Agreement, shall remain in force and effect. IN WITNESS WHEREOF, the CITY and the ENGINEER have executed this Supplemental Agreement as of this __________ day of ____________________, 2006. BY ACTION OF THE CITY COUNCIL Carlos Mayans, Mayor ATTEST: Karen Sublett, City Clerk APPROVED AS TO FORM: Gary Rebenstorf, Director of Law PROFESSIONAL ENGINEERING CONSULTANTS, P.A. ATTEST: Exhibit A Scope of Services GREENWICH ROAD from 27th Street North to 1/2 Mile North of 29th Street North The ENGINEER shall design a 5-lane roadway section on Greenwich Road from the north end of City of Wichita Project No. 472-84004 (approximately 27th Street North) to 29th Street North then transitioning back to the existing 2-lane roadway. This PROJECT extends Project No. 472-84004 north approximately 2000 feet and includes improvements on 29th Street to tie into the existing roadway east and west of Greenwich Road. Items to be address in the design of this project include roadway and lane geometries, horizontal and vertical alignments of the proposed roadway, storm water drainage analysis and system design, utility impacts, right-of-way issues, sidewalk placement and landscaping. The ENGINEER shall meet with area Businesses, DAB, City's Design Council, City staff and City Council, as required to review and discuss the proposed improvements. This project is partially funded and will be reviewed by KDOT. The plans shall be in a format acceptable to KDOT and City staff. A. PHASE I - PRELIMINARY CONCEPT DEVELOPMENT When authorized by the CITY and where applicable, proceed with development of alternative concepts for the PROJECT in the detail deemed necessary to permit the preparation of preliminary and final plans for construction of the improvements based on the preliminary information provided to the ENGINEER. 1. Field Surveys & Data Gathering. a. Obtain field surveys to supplement that obtained for the previously designed section of Greenwich to the south and as necessary to complete the design of this project. b. Obtain additional utility data through the extents of this project that were not secured as part of the previous project. 2. Preliminary Design Concept. Develop and review design concept with the City Engineer or his designated representative prior to progressing to detail aspects of the work. Concept shall be reviewed and discussed with the City Engineer or his designated representative for concurrence in determining the best horizontal and vertical alignments for the PROJECT. CITY'S concurrence in selection of an alternate or preliminary concept will be contingent on the accuracy and completeness of the background information provided by the ENGINEER used in the evaluation process. Revise selected alternative to incorporate CITY comments and review with the City Engineer for the City of Wichita prior to progressing to detail aspects of the work. 3. Drainage Study. When authorized, conduct a detailed study to explore alternative design concepts concerning drainage for the PROJECT. Present the findings in writing identifying recommendations to the CITY, including preliminary cost estimates, prior to development of field check plans. Such written findings and recommendations must be in a format which is self explanatory and readily understood by persons with average backgrounds for the technology involved. 4. Preliminary Street and Storm Water Sewer Alignments and profiles. Prepare preliminary street alignments/alignments with proposed street and storm water sewer grades to conform to the drainage plan for the PROJECT. The drainage plan and computations shall be submitted along with one (1) set of preliminary street and storm water sewer profiles to the CITY for review and approval prior to proceeding with development of field check plans. 5. Preliminary Waterline Alignments and profiles. Prepare preliminary waterline alignment and profiles fore review by City Staff. 6. Right-of-Way. Identify right-of-way requirements for the preliminary concepts developed. Such right-of-way requirements shall be provided on a strip map suitable for presentation at public meeting as required by the City Engineer of the City of Wichita. 7. Public Hearings. Assist the City in the conduct of public hearing(s) on the proposed improvements for the PROJECT as necessary to inform the public, governmental agencies, and affected parties as to construction traffic control, construction sequence and methods, estimated time and duration of project construction, environmental assessment, right-of-way requirements, estimated project costs, etc. Provide adequate visual displays for public presentations and in electronic format for use in power point presentation. 8. Landscape Plans. When the design has fulfilled the program requirements, submit three (3) sets of plans to the CITY'S project manager. After the project manager approves the plans, he/she will submit two (2) sets to the Park Department for review and comments. When the Park Department has approved the plans, the ENGINEER may proceed with placing them on the Design Council agenda for review and comment. 9. Design Council. If required, the ENGINEER shall meet with the City's Design Council, to review the PROJECT design and interpret engineering drawings. The first presentation should be made at the point when the ENGINEER has arrived at a design which meets all of the functional requirements of the program and has been tentatively approved by the City staff person in charge. Before authorization is given to the ENGINEER to move on to design development, the PROJECT should be presented to the Design Council for review. PHASE II - PLAN DEVELOPMENT When authorized by the CITY, proceed with development of Plans for the PROJECT based on the preliminary design concepts approved by the CITY and as agreed upon at Field Check and/or Office Check Review. 1. Design Council. ENGINEER shall meet with the City's Design Council to review the PROJECT design and interpret engineering drawings. The PROJECT should be presented when the design of the PROJECT has been perfected to the point where all design factors (shape, size materials, colors, landscape, exterior relationship, amenities, etc.) have been decided and tentatively approved by staff. It is at this point that the design can be considered "frozen" and will not be changed except for unforeseen conditions, which may arise. (It should be noted it is in the ENGINEER'S best interest to reach design freeze and gain aesthetic approval as early in the project as possible. Whereas the Design Council does not presume to tell the ENGINEER or staff when in the planning process design freeze should take place, the amount of time and effort which the ENGINEER has invested in the development of construction documents or other activities will not be taken into consideration by the Design Council at the Design Freeze review.) 2. ULCC. The ENGINEER shall prepare Utility Check plans and schedule with ULCC subcommittee for review as early as practical, usually prior to Field Check plan stage. A second ULCC review should be scheduled near Office Check plan stage. Utility coordination procedures shall conform to the current policy of the City Engineer. 3. Field Check Plans. When authorized by the CITY, prepare field check plans and a preliminary cost estimate for the PROJECT based on approved preliminary concepts as required by the CITY. ENGINEER to submit one copy of preliminary cost estimate and three (3) sets of field check plans to the CITY and one copy of preliminary cost estimate and (4) sets of field check plans to KDOT. The ENGINEER will participate in a field check of the PROJECT with the CITY and with KDOT when required. Major items of work included in development of field check plans are: a. Field Surveys. Provide engineering and technical personnel and equipment to obtain survey data as required for the engineering design. Utility companies shall be requested to flag or otherwise locate their facilities within the PROJECT limits prior to the ENGINEER conduction the field survey for the PROJECT. Utility information shall be clearly noted and identified on the plans. Coordination of utilities and pipelines for the PROJECT by the ENGINEER shall conform to current adopted policies of the City Engineer for Category II projects. b. Submit fifteen (15) sets of field check plans to the City Engineer's office for distribution to utility companies. Submit additional sets of field check plans as required for utility and pipeline companies who are not members of the Utility Location Coordination Council. c. Soils and Foundation Investigations. The CITY may authorize the ENGINEER to direct an approved Testing Laboratory to perform subsurface borings and soils investigations for the PROJECT, which shall be reported in the format and detail required by the City Engineer for the City of Wichita. The Testing Laboratory shall be responsible for the accuracy and competence of their work. The ENGINEER'S contract with the Testing Laboratory shall provide that the Testing Laboratory is responsible to the City for the accuracy and competence of their work. The cost of soils and boring investigations shall be passed directly to the City of Wichita if not included in the ENGINEER'S fee estimate. d. Prepare right-of-way tract maps and descriptions as required in clearly drawn detail and with sufficient reference to certificate of title descriptions. ENGINEER will perform all necessary survey work associated with marking the additional right-of-way or easements. This shall include the monumentation of new corners for any additional right-of-way and a one time marking of all the right-of-way for utility relocations at a time directed by the CITY. e. Prepare legal descriptions for Right of Entry and submit drawings to the City that are suitable for mailing to property owners. Incorporate Right of Entry limits on the plans. 4. Office Check Plans. When authorized by the CITY prepare office check plans for the PROECT based upon comments as agreed upon in field check review. Major items of work included in development of office check plans are: a. Submit three (3) sets of office check plans to the CITY and, if required, two (2) sets of office check plans to KDOT, with one copy of supplemental specifications and one copy of cost estimates and quantities of work units of the PROJECT for office check. (Cost estimates to be based on current unit prices for similar work in the Wichita area unless otherwise directed by the CITY.) Field check plans marked with CITY and/or KDOT comments are to be returned to the CITY with office check plan submittals. ENGINEER comments are to be returned to the CITY with office check plan submittals. ENGINEER to participate in an office check of the PROJECT with the CITY and with KDOT when required. b. Identify all known utility conflicts. ENGINEER shall meet with utility company representatives as required to review the PROJECT design and interpret engineering drawings. Utility coordination procedures shall conform to current policy of the City Engineer. c. Submit fifteen (15) sets of office check plans to the City Engineer's office for distribution to utility companies. Submit additional sets of office check plans as required for utility and pipeline companies who are not members of the Utility Location Coordination Council. d. Office check plans shall include traffic signalization details, traffic signing details, pavement marking details, incidental drainage, construction phasing details (when applicable), construction traffic control details, and all other necessary construction details required for the PROJECT. The PROJECT'S plans and proposed special provisions shall address the requirements included in the City's Administrative Regulation 78, "Cleanup, Restoration or Replacement Following Construction." e. Permits. The ENGINEER shall prepare any and all necessary permits for this PROJECT, such as the preparation of applications for U.S. Army Corps of Engineers (404) permits, Division of Water Resources permit, Kansas Department of Wildlife and Parks permit and Kansas Department of Health and Environment permit. Also, if requested by the City, obtain construction approval from the U.S. Army Corps of Engineers and assist the CITY in coordination the archaeological review of the PROJECT. 5. Final Plans. When authorized by the CITY, prepare final plans for the PROJECT based upon comments as agreed upon as a result of the office check review. Major items of work included in development of final plans are: a. Prepare engineering plans (which shall include construction sequencing and traffic control), supplemental specifications, special provisions and construction cost estimates, or estimates of quantities of work for the PROJECT. b. All engineering plans shall be prepared in ink on standard Mylar sheets in the format required by the CITY and/or KDOT. Also, final plans, field notes and other pertinent project mapping records are to be provided to the CITY via floppy diskettes (3 1/2"), CD-ROM, or other media acceptable to the City Engineer. The files are to be AutoCAD drawing files or DXF/DXB files. Layering, text fonts, etc. are to be reviewed and approved during the preliminary concept development phase of the design work. Text fonts other than standard Auto CAD files are to be included with drawing files. In addition to supplying the electronic files of the Auto CAD drawing files of the final plans, ENGINEER will also need to supply electronic files of the drawings in PDF format. c. Technical construction specifications shall in general follow the City of Wichita's Standard Specifications and/or KDOT Standard Specifications supplemented as necessary to suit PROJECT requirements. Plan profile sheets shall also be required for water distribution system/water supply line improvements. d. Engineer's cost estimate information shall be submitted in tabular form and on a unit cost basis, as approved by the CITY and as required by KDOT. Pay items of work shall conform to City or KDOT standards as applicable. e. Final plans when submitted shall be complete and ready for reproducing for distribution to prospective bidders. f. All applicable coordinate control points and related project staking information shall be furnished on the plans, as well as on a 3 1/2" diskette or CD-ROM in a format agreed upon by the CITY. When applicable, this coordinate information will be used by the CITY for construction staking purposes. g. Final Tracings. The original tracings (plan sheets to be on Mylar) of the approved final plans and supplemental specifications shall be delivered to the City Engineer, of the City of Wichita, for the taking of bids as appropriate for the CITY and/or KDOT. Two half scale plans shall be furnished to the CITY, and if a KDOT/Federally funded project, 4 additional half scale plans shall be furnished. h. The date identified as the date of CITY acceptance of final plans and other supplementary work will be that date upon which the City Engineer ascertains that such plans and work are in accordance with all provisions of the contract for design services. i. ENGINEER shall provide the CITY with electronic files suitable for power point presentations to the Design Council and City Council. 5. Post Letting. a. All shop drawings submitted by the contractor for the PROJECT shall be reviewed and, when acceptable, approved for construction by the ENGINEER for the PROJECT. b. The ENGINEER shall meet with effected property owners, along with City staff, at a pre-construction Public Information Meeting, as arranged by the City, to explain project design, including such issues as construction phasing and traffic control. c. The ENGINEER shall complete permanent monumentation of all new R/W, complete and submit all necessary legal documentation for the same. 6. Staking and Inspection. If requested by the CITY, the ENGIEER will enter into a Supplemental Agreement to complete construction staking, material testing, inspection and Administration related to the PROJECT. 7. Project Milestone. The ENGINEER agrees to complete and deliver the field notes, preliminary and final plans (including final tracings), specifications and estimates to the CITY within the time allotted for the PROJECT as stipulated below and generally in accordance with the project bar chart attached to Exhibit A; EXCEPT that the ENGINEER shall not be responsible or held liable for delays occasioned by the actions or inactions of the CITY or other agencies, or for other unavoidable delays beyond the control of the ENGINEER. a. Concepts of the PROJECT by March 31, 2006. b. Field check plans of the PROJECT are due May 31, 2006. c. Office check plans are due June 30, 2006. d. Completion of all work required by this agreement (including submittal of final approved plan tracings, field notes and related PROJECT documents) by August 2006. "EXHIBT "A SCOPE OF SERVICES The ENGINEER shall furnish engineering services as required for the development of plans, supplemental specifications and estimates of the quantities of work for the PROJECT in the format and detail required by the City Engineer for the City of Wichita. Engineering plans shall be prepared in ink on standard 22" x 36" mylar sheets. In connection with the services to be provided, the ENGINEER shall: A. PHASE I - PLAN DEVELOPMENT When authorized by the CITY, proceed with development of Plans for the PROJECT based on the preliminary design concepts approved by the CITY. 1. Field Surveys. Provide engineering and technical personnel and equipment to obtain survey data as required for the engineering design. Utility companies shall be requested to flag or otherwise locate their facilities within the PROJECT limits prior to the ENGINEER conducting the field survey for the PROJECT. Utility information shall be clearly noted and identified on the plans. 2. Soils and Foundation Investigations. The CITY'S Engineering Division of the Department of Public Works shall provide subsurface borings and soils investigations for the PROJECT. However, the CITY may authorize the ENGINEER to direct an approved Testing Laboratory to perform subsurface borings and soils investigations for the PROJECT, which shall be reported in the format and detail required by the City Engineer for the City of Wichita. The Testing Laboratory shall be responsible for the accuracy and competence of their work. The ENGINEER'S contract with the Testing Laboratory shall provide that the Testing Laboratory is responsible to the City for the accuracy and competence of their work. The cost of soils and boring investigations shall be passed directly to the City of Wichita. 3. Review Preliminary Design Concepts. Submit preliminary design concepts for review with the City Engineer or his designated representative prior to progressing to detail aspects of the work unless waived by the City Engineer. 4. Prepare engineering plans, plan quantities and supplemental specifications as required. Engineering plans will include incidental drainage where required and permanent traffic signing. The PROJECT's plans and proposed special provisions shall address the requirements included in the City's Administrative Regulations 78, "Cleanup, Restoration or Replacement Following Construction." Also, final plans, field notes and other pertinent project mapping records are to be provided to the CITY via floppy diskettes (3 1/2"), CD-ROM, or other media acceptable to the City Engineer. The files are to be AutoCAD drawing files or DXF/DXB files. Layering, text fonts, etc. are to be reviewed and approved during the preliminary concept development phase of the design work. Text fonts other than standard AutoCAD files are to be included with drawing files. In addition to supplying the electronic files of the AutoCAD drawing files of the final plans, ENGINEER will also need to supply electronic files of the drawings in PDF format. 5. Prepare right-of-way tract maps and descriptions as required in clearly drawn detail and with sufficient reference to certificate of title descriptions. ENGINEER will perform all necessary survey work associated with marking the additional right-of-way easements. This shall include the monumentation of new corners for any additional right-of-way and a one time marking of the right-of-way for utility relocations. 6. Identify all potential utility conflicts and provide prints of preliminary plans showing the problem locations to each utility. ENGINEER shall meet with utility company representatives to review plans and coordinate resolution of utility conflicts prior to PROJECT letting or, if approved by the City Engineer, identify on plans conflicts to be resolved during construction. Provide to CITY utility status report identifying utility conflicts with dates by which the conflicts will be eliminated with signed utility agreements from each involved utility company. ENGINEER shall meet with involved utility company/ies and project contractor to resolve any conflicts with utilities that occur during construction that were not identified and coordinated during design. 7. Deliver the original tracings of the Final approved plans to the CITY for their use in printing plans for prospective bidders. 8. All applicable coordinate control points and related project staking information shall be furnished on a 3-1/2" diskette in a format agreed upon by the CITY. When applicable, this coordinate information will be used by the CITY for construction staking purposes. 9. Complete and deliver field notes, plan tracings, specifications and estimates to the CITY within the time allotted for the PROJECTS as stipulated below. a. Plan Development for the paving improvements by July 17, 2006 . (Project No. 472 84227). AGENDA ITEM NO. 15A. City of Wichita City Council Meeting July 11, 2006 Agenda Report No. 06-0700 TO: Mayor and City Council SUBJECT: Mid-Continent Sewage Treatment Facilities - Change Order (District IV) INITIATED BY: Water & Sewer Department AGENDA: Consent Recommendation: Approve Change Order No. 1 for Design and Construction Oversight. Background: On November 15, 2005, City Council approved a Contract with Camp Dresser & McKee in the amount of $6,172,900 for site permitting, and design and construction oversight of the Mid- Continent Sewage Treatment Facilities. The Contract included the development of a sludge management study update, and design and construction oversight to provide sewage treatment services for the City of Goddard. Since that time, Goddard has elected not to use the services presented by the Water & Sewer Department. Analysis: Since formalizing the Contract, Staff identified the need for engineering services to design a wet weather diversion structure and provide recommendations for a valve replacement at the Four Mile Creek Wastewater Treatment Plant. This modification will help ensure that wet weather flows at Four Mile Creek can be handled with a minimum threat to personal property damage. Camp Dresser & McKee (CDM) has submitted an estimate for the work. Efforts are being made to standardize the automated control equipment used throughout the department. To complete standardization, the Sewage Treatment Division will be required to update hardware and software at all facilities to match that at the Water Treatment Plant. Staff prefers that CDM design the new system as part of this project. Financial Considerations: Eliminating the Goddard work decreases the Contract by $1,250,900. CDM's estimate is an increase of $37,500. The net change to the Contract is a decrease of $1,213,400, which represents a 20 percent decrease in the Contract. The revised Contract is $4,959,500. Details of the decrease are listed in the attached letter provided by CDM. Goal Impact: The project will ensure efficient infrastructure by adding treatment facilities closer to areas in which waste is generated. This will provide better reliability through decreased dependence on the limited capacities of existing infrastructure. Additionally, it will modernize treatment processes allowing for continued achievement of new and existing regulatory requirements by providing reliable, compliant and secure utilities. Legal Considerations: The Change Order has been reviewed and approved as to form by the Law Department. Recommendations/Actions: It is recommended that the City Council approve the Change Order and authorize the necessary signatures. Agenda Item No. 15b. City of Wichita City Council Meeting July 11, 2006 Agenda Report No. 06-0701 TO: Mayor and City Council Members SUBJECT: Change Order: Kellogg/Rock Interchange- Eastern Bridge (District II) INITIATED BY: Department of Public Works AGENDA: Consent Recommendation: Approve the Change Order. Background: On September 20, 2005, the City Council approved a construction contract with King Construction Company to construct the Eastern Bridge at Kellogg. A part of the work is the installation of driven steel pilings. Soil conditions encountered at the site require an overrun of the steel pile quantities. Analysis: A Change Order has been prepared for the additional work. Funding is available within the project budget. Financial Considerations: The total cost of the additional work is $31,195 with the total paid by a combination of local sales tax funds and Federal Grants. The original contract amount is $9,653,080. This Change Order represents 0.32% of the original contract amount. Goal Impact: This project addresses the Efficient Infrastructure goal by improving the traffic capacity and safety along a vital transportation corridor. Legal Considerations: The Law Department has approved the Change Order as to legal form. The Change Order amount is within the 25% of construction contract cost limit set by City Council policy. Recommendation/Action: It is recommended that the City Council approve the Change Order and authorize the necessary signatures. Attachments: Change Order. August 23, 2005 PUBLIC WORKS-ENGINEERING CHANGE ORDER To: Dondlinger & Sons Project: Wichita River Corridor Improv. Proj. and Cable Stayed Pedestrian Bridges over Big and Little Arkansas Rivers Change Order No.: 2 Project No.: 87TE-0176-01/472-82799 Purchase Order No.: 500600 OCA No.: 706556/715691 CHARGE TO OCA No.: 706556 PPN: 405209/242107 Please perform the following extra work at a cost not to exceed $10,565.60 Measured quantities for the 90 auger cast piles at the Keeper Plaza overran by 264.14 feet to achieve adequate penetration in the underlying clay layer for bearing. Add 264.14 lf of auger cast piles at the bid measured quantity price of $40.00 per lf. Measured Quantity Bid Item: Auger Cast Piles 264.14 lf @ $40.00/lf = $10,565.60 Recommended By: Approved: ______________________ ______ ________________________ ______ Stan Breitenbach, P.E. Date Jim Armour, P.E. Date Special Projects Coordinator City Engineer Approved: Approved: ______________________ ______ _______________________ ______ Contractor Date Chris Carrier, P.E. Date Director of Public Works Approved as to Form: By Order of the City Council: _______________________ ______ Gary Rebenstorf Date Carlos Mayans Date Director of Law Mayor Attest:____________________________ City Clerk Agenda Item No. 16a. CITY OF WICHITA City Council Meeting July 11, 2006 Agenda Report No. 06-0702 TO: Mayor and City Council Members SUBJECT: Acquisition of 528 North Oliver for the Central and Oliver Intersection Project (District I and II) INITIATED BY: Office of Property Management AGENDA: Consent Recommendation: Approve the acquisition. Background: On January 10, 2006, City Council approved a project to improve the intersection at Central and Oliver. Left turn lanes will be provided at all four approaches to the intersection. The traffic signal system will be upgraded and a new storm water sewer will be constructed. Available right-of-way will be landscaped. Construction is planned to begin in the fall of 2006 along with the Central, Oliver to Woodlawn road improvement project. The intersection improvement plan calls for partial acquisitions of four parcels. One acquisition at 528 North Oliver requires a 750 square foot strip take of land. The property is a single-family rental property. Analysis: Due to proximity of the new road, sidewalk, road right-of-way line and loss of trees, the owner expressed concern on his ability to continue to lease the property as a single-family rental. The entire property was appraised at $44,000, or $58.67 per square foot. The partial take was appraised at $11,600. A counter offer of $50,000, or $66.67 per square foot was provided for the entire 7,000 square foot lot and its 750 square foot house. This counter offer is reasonable based on appraised value and that the remainder can be used to mitigate damages to another tract affected by the project. The property is currently vacant so relocation is not required. Financial Considerations: The funding source for the City share of the project is General Obligation Bonds. A budget of $55,000 is requested. This includes $50,000 for the acquisition, and $5,000 for closing costs and title insurance. Goal Impact: The acquisition of this parcel is necessary to ensure efficient infrastructure as this area is rapidly growing. Legal Considerations: The Law Department has approved the contract as to form. Recommendation/Action: It is recommended that the City Council; 1) Approve the Budget; 2) Approve the Real Estate Purchase Contracts and 3) Authorize all necessary signatures. Agenda Item No. 17. City of Wichita City Council Meeting Agenda Report No. 06-0703 TO: Mayor and City Council SUBJECT: CDBG Budget Adjustment INITIATED BY: Department Name. Department Director's signature (or initials) required AGENDA: Consent Recommendation: It is recommended that the City Council approve a budget adjustment to CDBG allocations in the 2006-2007 One Year Action Plan. Background: The 2006-2007 One Year Action Plan was approved by the City Council on May 9, 2006. The CDBG allocations include funding for housing projects, economic development, neighborhood stabilization, public services and planning and administration. In that plan, planning and administration funds support 9.3 positions in the Housing and Community Services Department and 9.4 positions in other City departments. When the City closed on the sale of the Eaton Hotel in June, 2006,, a repayment of $241,046 was made on the CDBG loan which helped finance the original restoration. Those funds can be considered for reprogramming under federal guidelines for the use of program income. This action will move $89,796 of the repayment, to the planning and administration category to offset annual salary costs for the Housing and Community Services Department director and assistant director positions. Analysis: The Code of Federal Regulations specifies that a jurisdiction can allocate up to 20% of their CDBG allocation and program income, to planning and administration. The proposed adjustment to the 2006-2007 One Year Action Plan will bring the City of Wichita's planning and administration costs to 14% of our current allocation and program income. Financial Considerations: This action will have no impact on the General Fund. It will, however, reduce the administrative cost burden for other department federal program funding and will bring the funding sources for the salaries in question, in line with actual job responsibilities. Goal Impact: Funding administrative staff positions supports oversight of the department's Core Area and Neighborhoods and Economic Vitality and Affordable Living programs. Legal Considerations: The requested action is allowable under HUD regulations. Budget adjustments over $25,000 require City Council approval. Recommendations/Actions: It is recommended that the City Council approve a budget adjustment to CDBG allocations in the One Year Action Plan. Agenda Item No. 18. City of Wichita City Council Meeting July 11, 2006 Agenda Report No. 06-0704 To: Mayor and City Council Subject: Approval of Certificate of Convenience and Necessity for Ted Hill d/b/a ABC Taxi Cab Company. Initiated By: Wichita Transit Agenda: Consent Recommendation: Approve a Certificate of Convenience and Necessity for ABC Taxi Cab Company. Background: On June 13th, 2006, Wichita Transit staff received an application from Mr. Ted Hill d/b/a ABC Taxi Cab Company, for a Certificate of Convenience and Necessity to operate a taxi cab company in Wichita, Kansas. Mr. Ted Hill is the new owner of ABC Taxi Cab Company. The application included an insurance policy meeting code requirements, payment of fee, and support documentation. This company will operate thirty-two vehicles. Analysis: If approved for a license, ABC Taxi Cab Company will become the second licensed taxi cab company in the City of Wichita. This will be an added resource to those persons needing transportation services. Financial Consideration: There will be no financial impact on the City of Wichita. Goal Impact: The Certificate of Convenience and Necessity impacts the goal, "ensure efficient infrastructure." It impacts the indicator "maintain safe and dependable transportation systems." Entering into this Certificate, will provide more options to people who need transportation. Legal Consideration: The City's Law Department has reviewed and approved the application, the Certificate of Convenience and Necessity, and the policy of insurance submitted by Ted Hill d/b/a ABC Taxi Cab Company. Recommendation/Actions: It is recommended that the City Council approve a Certificate of Convenience and Necessity for Ted Hill to operate ABC Taxi Cab Co. in Wichita, Kansas. Attachment CERTIFICATE OF CONVENIENCE AND NECESSITY FOR OPERATION OF TAXIS WHEREAS, ABC Taxi Cab Company, hereinafter called the applicant, has complied with Chapter 3.84 of the City Code, and having submitted a request for, and it has been determined by order of the City Council of the City of Wichita, Kansas, at a regular meeting held on the 11th of July, 2006, that public convenience will be promoted by allowing ABC Taxi Cab Company to be operated by the applicant in the City of Wichita, Kansas. NOW THEREFORE, there is hereby granted to the applicant a Certificate of Convenience and Necessity to operate a taxi cab company in the City of Wichita, Kansas, pursuant to the direction of the City Council of the City of Wichita, Kansas. The maximum number of vehicles allowed to operate under this Certificate will be thirty-two vehicles. Given under my hand and seal this 11th day of July 2006. (SEAL) _________________________ Karen Sublett City Clerk AGENDA ITEM NO. 19. City of Wichita City Council Meeting July 11, 2006 Agenda Report No. 06-0705 To: Mayor and City Council Subject: Approval of Certificate of Convenience and Necessity for Tim Hill d/b/a American Cab Company. Initiated By: Wichita Transit Agenda: Consent Recommendation: Approve a Certificate of Convenience and Necessity for American Cab Company. Background: On June 13th, 2006, Wichita Transit staff received an application from Mr. Tim Hill d/b/a American Cab Company, for a Certificate of Convenience and Necessity to operate a taxi cab company in Wichita, Kansas. Mr. Tim Hill is the new owner of American Cab Company. The application included an insurance policy meeting code requirements, payment of fee, and support documentation. This company will operate seventeen vehicles. Analysis: If approved for a license, American Cab Company will become the third licensed taxi cab company in the City of Wichita. This will be an added resource to those persons needing transportation services. Financial Consideration: There will be no financial impact on the City of Wichita. Goal Impact: The Certificate of Convenience and Necessity impacts the goal, "ensure efficient infrastructure." It impacts the indicator "maintain safe and dependable transportation systems." Entering into this Certificate, will provide more options to people who need transportation. Legal Consideration: The City's Law Department has reviewed and approved the application, the Certificate of Convenience and Necessity, and the policy of insurance submitted by Tim Hill d/b/a American Cab Company. Recommendation/Actions: It is recommended that the City Council approve a Certificate of Convenience and Necessity for Tim Hill to operate American Cab Company in Wichita, Kansas. Attachment CERTIFICATE OF CONVENIENCE AND NECESSITY FOR OPERATION OF TAXIS WHEREAS, American Cab Co., hereinafter called the applicant, has complied with Chapter 3.84 of the City Code, and having submitted a request for, and it has been determined by order of the City Council of the City of Wichita, Kansas, at a regular meeting held on the 11th of July, 2006, that public convenience will be promoted by allowing American Cab Company to be operated by the applicant in the City of Wichita, Kansas. NOW THEREFORE, there is hereby granted to the applicant a Certificate of Convenience and Necessity to operate a taxi cab company in the City of Wichita, Kansas, pursuant to the direction of the City Council of the City of Wichita, Kansas. The maximum number of vehicles allowed to operate under this Certificate will be seventeen vehicles. Given under my hand and seal this 11th day of July 2006. (SEAL) Karen Sublett City Clerk Agenda Item No. 20. City of Wichita City Council Meeting July 11, 2006 Agenda Report No. 06-0706 TO: Mayor and City Council Members SUBJECT: 2006 and 2007 Traffic Signalization Program (Districts I, II, IV & V) INITIATED BY: Department of Public Works AGENDA: Consent Recommendation: Approve the project. Background: The 2005-2014 Capital Improvement Program (CIP) includes an ongoing project to install traffic signals at major intersections. Analysis: The locations being proposed by staff for the 2006 and 2007 program years are listed below in priority order: 34th St. North at Woodlawn Hoover at MacArthur Gatewood at 13th I-235 at south Meridian 135th St. West at Kellogg (to be installed by County) 21st at Greenleaf Pawnee at Webb K-96 at Oliver Financial Considerations: The budgets contained in the CIP for 2006 and 2007 total $700,000. The funding source is General Obligation Bonds. It is doubtful that the budget is sufficient to install signals at all of the listed locations. Unfunded locations will carry over to the 2008 program and be reprioritized. Goal Impact: This project addresses the Ensure Efficient Infrastructure goal by improving traffic flow through busy intersections in the community Legal Considerations: The Law Department has approved the authorizing Resolution as to legal form. Recommendation/Action: It is recommended that the City Council approve locations, approve the project and adopt the Resolution. Agenda Item No. 21. City of Wichita City Council Meeting July 11, 2006 Agenda Report No. 06-0707 TO: Mayor and City Council Members SUBJECT: Special Liquor Tax Program Innovative Projects RFP INITIATED BY: City Manager's Office AGENDA: Consent Recommendation: Approve issuance of Special Liquor Tax Program Innovative Projects RFP. Background: In December of 1999, the City Council set policy guidelines for the use and administration of the Special Liquor Tax dollars received for alcohol and substance abuse prevention and treatment. These policy guidelines were reviewed and reaffirmed at a May 24, 2005 City Council workshop and are being used in the operation and administration of the 2006 Special Liquor Tax Program. This program currently has an operating budget of $1,541,409 and uses 15 different organizations to operate 18 projects in the provision of alcohol and substance abuse prevention, treatment, detoxification, case management and administrative services. There is an option to renew current providers through the 2007 calendar year so a comprehensive Special Liquor Tax services request for proposals (RFP) will be issued in 2007 to procure services for the 2008 calendar year. Adopted policy guidelines also promote the use of Special Liquor Tax funds to encourage providers to develop pilot programs that have promising approaches to alcohol and substance abuse prevention and treatment. The last RFP for innovative pilot projects was issued in March of 2002. Several currently funded programs were procured through that RFP. Analysis: The Council is requested to approve the issuance of a competitive Special Liquor Tax RFP for innovative projects. The RFP would be issued by the City's Purchasing Office and be budgeted at $100,000. Any project(s) selected through the RFP process would be anticipated to have an initial operating period of January 1, 2007 through December 31, 2007 with options to continue based on funding availability and successful outcomes evaluations. The team reviewing proposals received through the RFP process will include Special Liquor Tax Coalition members and the Coalition's funding recommendations are scheduled to be presented to the Council in November 2006. Financial Considerations: The 2007 Proposed Budget has incorporated the $100,000 annual cost of the RFP into present and future year Special Liquor Tax budgets. The City will use Special Liquor Tax funds it receives from the State of Kansas to pay for services procured through the RFP; no general fund monies will be obligated. Goal Impact: The procurement of innovative approaches to alcohol and substance abuse prevention and treatment will address the goal of providing a safe and secure community by improving community health and safety. Legal Considerations: Department of Law approval as to form will be obtained for contracts issued as a result of the RFP. Recommendation/Action: It is recommended that the City Council Approve issuance of a Special Liquor Tax Program Innovative Projects RFP. Agenda Item No. 22. City of Wichita City Council Meeting July 11, 2006 Agenda Report No. 06-0708 TO: Mayor and City Council SUBJECT: Wichita Ice Center Equipment Repair (District IV). INITIATED BY: Department of Park and Recreation AGENDA: Consent Recommendation: Approve the bonding resolution and authorize initiation of the project. Background: The Park and Recreation Department was directed by City Council to take over the operations of the Wichita Ice Center on May 3, 2005, until a new management contract was approved. The Ice Center facility and most of the equipment will be ten years old this year, resulting in equipment that has exceeded its useful life. The Council approved funding within the 2005 Park Capital Improvement Program (CIP) in the amount of $70,000 on February 14, 2006 for the replacement of the Cooling Tower and other improvements, however the Cooling Tower absorbed the full amount. There is an additional $105,000 in the 2006 Park CIP to assist with the further capital improvements to the facility and the replacement and repairs to equipment. Analysis: The 2006 Park Capital Improvement Program includes funding for the renovation of the Ice Center's facility and equipment. The capital plan calls for replacement and refurbishing of mechanical equipment, repairs and redesign of the seating area to meet current ADA standards and to accommodate a seating plan for a potential revenue source during the off-season, new flooring throughout the building, and sandblasting and painting. Financial Considerations: The 2006 Park CIP includes funding of $105,000 for the facility renovation at the Wichita Ice Center. The funding source is general obligation bonds. Goal Impact: The initiation of this project will greatly enhance the Quality of Life for citizens of Wichita and those that visit this facility. Legal Considerations: The Law Department has approved the bonding resolution as to form. Recommendations/Actions: It is recommended that the City Council 1) approve the bonding resolution, 2) authorize initiation of the project, and 3) authorize all necessary signatures. Attachment: Bonding Resolution First Published in the Wichita Eagle on RESOLUTION NO. A RESOLUTION AUTHORIZING THE ISSUANCE OF BONDS BY THE CITY OF WICHITA AT LARGE FOR LABOR AND IMPROVEMENTS AT THE WICHITA ICE CENTER INCLUDING REPLACEMENT AND REFURBISHING OF MECHANICAL EQUIPMENT, UPDATING OF THE SEATING AREA, NEW FLOORING, SANDBLASTING AND PAINTING BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA, KANSAS; SECTION 1: That the City of Wichita finds it necessary to make certain related improvements as follows: Labor, Material, and Equipment for the improvements at the Wichita Ice Center. Enhancements include replacement and refurbishing of mechanical equipment, repairs and redesign of the seating area to meet current ADA standards and to accommodate a seating plan for a potential revenue source during the off-season, new flooring throughout the building, and sandblasting and painting. SECTION 2: That the cost of said public improvements shall be paid by the issuance and sale of general obligation bonds by the City of Wichita at large, in the manner provided by law and under the authority of City of Wichita Charter Ordinance No. 156. The total cost is estimated not to exceed $105,000, exclusive of the costs of interest on borrowed money. SECTION 3: That the advisability of said improvements is established as authorized by City of Wichita Charter Ordinance No. 156. SECTION 4: That this resolution shall take effect and be in force from and after its passage and publication once in the official city paper. ADOPTED at Wichita, Kansas, this 11th day of July, 2006. CARLOS MAYANS, MAYOR ATTEST: KAREN SUBLETT, CITY CLERK APPROVED AS TO FORM: GARY REBENSTORF, DIRECTOR OF LAW DECLARATION OF OFFICIAL INTENT CERTIFICATE Comes now Kelly Carpenter, Director of Finance for the City of Wichita, Kansas (the "City") and certifies to the following: 1. She is the duly appointed Finance Director for the City. 2. The Governing Body of the City, by resolutions adopted the 12th day of March, 1992 and the 11th day of July, 1995 (the "Resolutions"), designated and appointed the Director of Finance to act on behalf of the City in declaring the City's official intent to reimburse capital expenditures by issuance of bonds, the purpose of said designation and appointment being to ensure compliance with regulations promulgated by the United States Department of Treasury, Internal Revenue Service under authority of the Internal Revenue Code (the "Regulations"). 3. The City reasonably expects to reimburse expenditures for capital improvement projects made after the date this certificate is executed that are identified and set forth herein with the proceeds of bonds to be issued hereafter. 4. This certificate is a declaration of official intent by the City under the Regulations to reimburse expenditures for capital improvement projects identified herein with proceeds from bonds to be issued hereafter. 5. The expenditures that will be made hereafter that the City intends to reimburse under authority of this certificate pertain to a capital improvement project that is described as follows: Labor, Material, and Equipment for the improvements at the Wichita Ice Center. Enhancements include replacement and refurbishing of mechanical equipment, repairs and redesign of the seating area to meet current ADA standards and to accommodate a seating plan for a potential revenue source during the off-season, new flooring throughout the building, and sandblasting and painting. (785075/396-207) 6. The maximum principal amount of debt the City expects to issue for reimbursement of expenditures made in connection with the capital improvement project described herein is 105,000 dollars, exclusive of the cost of interest on borrowed money. 7. This certificate shall upon execution be filed with the City Clerk's office and shall thereafter be kept on file in that office and shall be available for public inspection. 8. This certificate being signed and executed under oath by the Director of Finance of the City on the _________day of ____________________________________________. (month, year) CITY OF WICHITA, KANSAS ___________________________________ Kelly Carpenter, Director of Finance STATE OF KANSAS ) ) ss: COUNTY OF SEDGWICK ) On this ________ day of _______________________________________, Kelly Carpenter appeared before me, whom I know personally to be the signer of the above and she acknowledged that she signed it. My appointment expires: _______________________________ ______________________ Notary Public Agenda Item 23. City of Wichita City Council Meeting July 11, 2006 Agenda Report 06-0709 TO: Mayor and City Council SUBJECT: Settlement of Eminent Domain Appeal - 1027 East Pawnee (District III) INITIATED BY: Law Department AGENDA: Consent Recommendation: Authorize the settlement. Background: The improvement of Pawnee from Washington to Hydraulic required the acquisition of approximately 2,472 square feet from the business located at 1027 East Pawnee. While not directly affecting the improvements on the site, the taking did eliminate access and parking along the front of the property. Negotiations to acquire the needed land were unsuccessful and eminent domain was approved by the City Council on April 5, 2005. The eminent domain was completed on October 13, 2005 with the City paying $97,500 and receiving title to the required tract. The owner has appealed this award. Analysis: As part of the Pawnee project, the City acquired 1017 East Pawnee, immediately west of 1027 East Pawnee. The improvements have been removed form 1017 East Pawnee. The remnant contains approximately 11,290 square feet. The owner of 1027 East Pawnee has agreed to drop his appeal and pay the City $9,500 in exchange for this parcel. He will then be responsible for paving the site and incorporating it into his existing property. Financial Considerations: The City will receive $9,500 for the transfer parcel and will avoid the costs associated with an appeal hearing. Goal Impact: The efficient acquisition of right of way is necessary to ensure efficient infrastructure by maintaining safe and dependable transportation systems. Legal Considerations: The Law Department recommends acceptance of the settlement offer. Recommendations/Actions: It is recommended that the City Council authorize the sale of the remainder of 1017 East Pawnee on the terms set out above and authorize the Mayor to sign the appropriate documents to close the transaction. Agenda Item No. 24. City of Wichita City Council Meeting July 11, 2006 Agenda Report No. 06-0710 TO: Mayor and City Council SUBJECT: Public Hearing on the Establishment of a Redevelopment District (Tax Increment Financing) for the Douglas and Hillside Redevelopment Project (District II) INITIATED BY: City Manager's Office AGENDA: New Business Recommendation: Close the public hearing and place the ordinance on first reading, or continue the hearing until a specified future date. Background: On June 6, 2006, the City Council adopted a resolution stating its intent to consider the establishment of a redevelopment district in the area of Douglas & Hillside, to be known as the Douglas & Hillside Redevelopment District, for the purpose of facilitating the use of tax increment financing. The resolution set 9:30 a.m. on July 11, 2006, or as soon thereafter as possible, as the time for a public hearing before the City Council on this matter. 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, according to state law. Analysis: The area proposed for redevelopment is bounded on the south by Douglas Avenue, on the west by Hillside Avenue, on the north by First Street and includes property parcels adjacent to the east of Rutan Avenue, as shown on the map attached to the attached ordinance. This is an area that qualifies as a "conservation area" under the state TIF statutes, in that most of the buildings in the area were built well over 35 years ago, and there are excessive vacancies, building abandonment and signs of dilapidation, obsolescence or deterioration. The area was the site of the original Wichita Clinic Building, which has recently been demolished. In 1988, the building was purchased by the State of Kansas and served as the regional office of the Kansas Department of Social and Rehabilitative Services (SRS). In 1995, the building and adjacent parking lots were purchased by the City of Wichita and Sedgwick County as part of the project to consolidate state agencies into the former Dillard's Building in downtown Wichita. It was sold to Rusty Eck and has remained vacant since 1995. A local real estate development company, Loveland Properties L.L.C., proposes to purchase the former Clinic/SRS site and other property within the proposed redevelopment district and construct a mixed-use commercial development. The general plan for redevelopment calls for construction of a high-rise residential condominium building with an attached parking structure, several brownstone-type condominium town homes, a public pocket park, public parking facilities and a commercial retail building located at Douglas and Rutan. Tax increment financing would be used to pay for eligible redevelopment costs, which include (without limitation) land acquisition, demolition, site preparation, utilities, landscaping, paving, and public infrastructure. Tax increment financing (TIF) allows the increased property tax revenue that results from the redevelopment of under-utilized property to be reinvested in the redevelopment. When a TIF district is established and a redevelopment plan is adopted by City Council, the increased tax revenue is set aside by the County Treasurer and can be used by the City to repay bonds issued to finance eligible improvements that are specified in the redevelopment plan and allowed under state law. Such improvements can be financed with TIF bonds or on a pay-as-you-go basis. A TIF review team, consisting of staff from the City, County and USD 259 have met with the developer to examine the preliminary details of the proposed redevelopment project and consider whether the project either needs or merits public funding assistance. The developer has given firm assurances that he is not prepared to pursue the project further without the possibility of obtaining public funding assistance through TIF. He asserts that the high cost of land adjacent to the Rusty Eck property, which is necessary for successful completion of the project, cannot be supported by the anticipated cash flows generated by the project. That, and other factors such as rising construction costs and interest rates make this project especially risky. However, he has not been able to develop a financial analysis that clearly demonstrates the need for public funding, due to the preliminary stage of planning and the cost of developing such an analysis. The Board of County Commissioners and the Board of Education for USD 259 will have 30 days following the closing of the public hearing to determine whether establishment of the district will have an adverse impact on them, effectively precluding the use of tax increment financing. If the County and School District approve, or take no action in that time, the tax increment financing district will be established. It will still be up to the City Council to approve the actual use of tax increment financing by adopting a redevelopment plan for the Douglas and Hillside Redevelopment District that includes tax increment financing. Once a redevelopment plan is adopted and sent to the County Clerk, the tax increment revenue generated by redevelopment will be set aside and deposited into a special fund for its prescribed use. TIF revenue will continue to be set aside in this way until all TIF-financed improvements have been paid, including the retirement of any TIF bonds. Financial Considerations: The establishment of a redevelopment district will facilitate the use of tax increment financing to pay the cost of a portion of public improvements constructed in conjunction with the proposed Douglas and Hillside redevelopment project. Only if the project is approved, a redevelopment plan adopted, and the specific improvements authorized by Council action, will the tax increment revenues generated in the district will actually be utilized. Goal Impact: Economic Vitality and Affordable Living and Quality of Life. Redevelopment of blighted areas, and declining areas, are needed to avoid economic stagnation. Business prospects and workers seeking to relocate are attracted to a new city that takes care of its older sections. Legal Considerations: The ordinance establishing the redevelopment district has been reviewed by the City's Law Department and approved as to form. The City Council may amend the proposed boundaries to reduce the size of the redevelopment district at the time of adoption of the ordinance. Recommendations/Actions: It is recommended that the City Council either: 1) close the public hearing and place on first reading the ordinance establishing a redevelopment district for the Douglas and Hillside area, or 2) continue the public hearing until a specified future date. Attachment: Ordinance establishing the Redevelopment District; District Map; District Plan. EXHIBIT "B" REDEVELOPMENT DISTRICT PLAN FOR THE REDEVELOPMENT OF THE DOUGLAS & HILLSIDE REDEVELOPMENT DISTRICT THROUGH TAX INCREMENT FINANCING JUNE 6, 2006 SECTION 1: PURPOSE A district plan is required for inclusion in the establishment of a redevelopment district under K.S.A. 12-1771. 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: BUILDINGS AND FACILITIES The proposed redevelopment district is located within the city limits of Wichita, Kansas. The district is bounded on the south by Douglas Avenue, on the west by Hillside Avenue, on the north by 1st Street North and includes property adjacent to Rutan Avenue on the east (see Exhibit "A" attached hereto). The district includes several smaller commercial retail stores, medical office buildings and a drive-in restaurant, located mainly along Douglas and Hillside Avenues, and some older single-family residential homes located mainly on Victor and First Street. Until it was recently demolished, it also included a high-rise office building at Douglas and Rutan that served as the original location of the Wichita Clinic and later as the regional offices of the Kansas Department of Social and Rehabilitative Services. The proposed redevelopment district is an area that meets the criteria for designation as a "conservation area" as defined by state law governing the establishment and financing of redevelopment districts. Property located within conservation areas are legally eligible for establishment of a redevelopment district. SECTION 4: REDEVELOPMENT AND PROJECT AREAS It is anticipated that the portion of the redevelopment district that was once occupied by the Wichita Clinic/SRS building and parking lots, and certain other adjacent property, 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 generally calls for construction of a high-rise apartment/condo building with an attached parking structure, brownstone-type town homes and retail space. Tax increment financing may be used to pay for the purchase of real estate and site preparation including the demolition of structures and utility relocations, as well as on 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 by or leased to a private, nongovernmental entity. SECTION 5: 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 a Redevelopment Project Plan. The Project Plan will identify the specific project area located within the established 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-weight 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 two-thirds 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. _________PUBLISHED IN THE WICHITA EAGLE ON ________ Ordinance No. ________ AN ORDINANCE OF THE CITY OF WICHITA ESTABLISHING THE DOUGLAS & HILLSIDE REDEVELOPMENT DISTRICT WHEREAS, the provisions of K.S.A. 12-1771, as amended, set forth the procedure for the establishment of a redevelopment district for certain purposes in eligible areas; and WHEREAS, the Governing Body of the City of Wichita, by Resolution No. R 06-342 dated June 6, 2006, has given notice of its consideration of the establishment of a redevelopment district and described a proposed district plan that identifies all of the proposed redevelopment project areas along with a general description of the buildings and facilities to be constructed or improved; and WHEREAS, the Governing Body of the City of Wichita, finds and determines that the Douglas & Hillside Redevelopment District area qualifies as an eligible area as a "conservation area" under the provisions of K.S.A. 12-1770a, as amended, in that a. The area comprises less than 15% of the land area within the corporate limits of the City, b. More than 50% of the structures in the area have an age of 35 years or more, c. The area is not yet blighted, but may become a blighted area due to the existence of the combination of the following: 1. dilapidation, obsolescence or deterioration of the structures, 2. excessive vacancies; and WHEREAS, the Governing Body of the City of Wichita, finds and determines that the conservation, development or redevelopment of the area is necessary to promote the general and economic welfare of the City; and WHEREAS, a public hearing required by K.S.A. 12-1771, as amended has been held and concluded; and WHEREAS, the Governing Body of the City of Wichita desires to establish a redevelopment district that encompasses the Douglas & Hillside Redevelopment District area, NOW THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF WICHITA, KANSAS: Section 1. A redevelopment district is hereby established that shall hereafter be designated the Douglas & Hillside Redevelopment District and the boundaries of such redevelopment district in the City of Wichita, Sedgwick County, Kansas, are set forth in Exhibit "A" attached hereto. Section 2. The redevelopment district plan identifying all the proposed redevelopment project areas along with a general description of the buildings and facilities that are proposed to be constructed or improved in each redevelopment project area is adopted as the redevelopment district plan for the Douglas & Hillside Redevelopment District, and is set forth in Exhibit "B" attached hereto. Section 3. This ordinance shall be in force and effect from and after its passage, approval, and publication once in the office City paper. ADOPTED at Wichita, Kansas, this ________ day of July, 2006. Carlos Mayans, Mayor ATTEST: Karen Sublett, City Clerk Approved as to Form: Gary E. Rebenstorf, City Attorney Agenda Item 25. City of Wichita City Council Meeting July 11, 2006 Agenda Report No. 06-0711 TO: Mayor and City Council SUBJECT: Transportation Services Agreement with Sedgwick County. INITIATED BY: City Manager's Office AGENDA: New Business Recommendation: Approve the contract. Background: Since 2002, the City of Wichita has entered into three consecutive revenue guarantee agreements with AirTran Airways that have resulted in an estimated $85 million in cost savings to businesses and individuals flying in and out of Wichita Mid-Continent Airport. In 2005, the City entered into an agreement with Sedgwick County in which Sedgwick County agreed to contribute up to $1 million to offset the City's financial obligation under that year's contract with AirTran. On April 18, 2006, Governor Sebelius signed into law legislation that provides state funding in the amount of $5 million per year for five years to support efforts to ensure affordable airfares in Kansas. The annual grants are to be made through the Regional Area Economic Partnership (REAP) for programs that provide more flight options, more competition for air travel, and affordable air fares for Kansas. The state funding requires a 25% local match. On June 14, 2006, the Sedgwick County Board of County Commissioners approved a new contract with AirTran Airways for discount air service to Atlanta with a revenue guarantee capped at $7 million. The revenue guarantee is based on block-hour costs of operating Boeing 717 jet service between Wichita and Atlanta, plus 10%. A block hour guarantee for service between Wichita and Orlando will be phased out by August 8, 2006. Sedgwick County will submit an application to REAP for state funding for affordable air service from July 1, 2006 to June 30, 2007 in the amount of $5 million. A local match of $1.7 million is required to secure the state funding. However, $2 million in local funding commitment is needed, in addition to the $5 million in state funding, to cover the AirTran contract obligation. The proposed contract between the City and County will provide up to $1 million of City funding to offset the County's $2 million obligation. Analysis: The proposed contract between the City and Sedgwick County is essentially a reversal of the roles of the parties to a similar contract entered into one year ago, in which the City had the financial obligation to AirTran, which was partially offset by the County's agreement to contribute up to $1 million. The County's contribution was made, in full, when the City reached its threshold spending level of $2.5 million. Under the proposed contract, the City will provide one-half of the local match requirement and additional funds, if needed to satisfy the County's obligation to AirTran, up to the not-to-exceed amount of $1 million. Financial Considerations: Funding for the 2006 transportation service agreement with Sedgwick County will come from funds transferred to the Economic Development Fund in the amount of $1 million. Legal Considerations: The contract has been approved as to form by the Department of Law. Goal Impact: Economic Vitality and Affordable Living. Affordable air service is one of the most critical cost factors impacting the decision of businesses to move to Wichita or to remain in Wichita. It also has a strong impact on the ability to attract and retain workers, and to provide a high quality of life to families in the region. Recommendations/Actions: It is recommended that the City Council approve the contract and authorize the necessary signatures, and authorize any necessary budget adjustments. Agenda Item No. 26. City of Wichita City Council Meeting July 11, 2006 Agenda Report No. 06-0712 TO: Mayor and City Council SUBJECT: CVB/City Tourism Partnership Program for Channel 7 INITIATED BY: City Manager's Office AGENDA: New Business Recommendation: Approve the allocation. Background: The CVB and City of Wichita have been working cooperatively to develop a tourism-oriented program that would be shown on City Channel 7 and in area hotels to help visitors and residents know the many things there are to see and do in Wichita. The program will be approximately a half-hour to 45-minute tour of Wichita and all it has to offer. This program would run at regular daily times on Channel 7. A version of the program would also run continuously in hotels that are equipped to dedicate a channel to an in-house DVD player. The following is an outline of the Wichita Program (items featured change monthly): I. Introduction (Council members alternate a welcome) II. Video Tour of Attractions and Events a. Arts & Culture b. Festivals & Events c. Nature, Unique Experiences & City Recreation d. Sports e. Shopping & Entertainment III. A Snapshot of Wichita a. History b. Industry c. Education d. Lifestyle e. Public Amenities IV. Spotlight on Wichita a. Changing monthly features on a special event, attraction, or organization b. For example, May could feature River Festival and Cinco de Mayo events. June could feature Music Theatre's season or the Summer Concerts throughout the city. V. Calendar of Events a. Bulletin format that the viewer would read, highlighting special activities that month. V. Credits a. Thanks to attractions b. Where to find more information: Phone & Website listings This program will help the citizens of Wichita be more educated on all entertainment opportunities. Additional benefits include increased tourism and visitor numbers and extended hotel stays to visit area attractions. Added value is the ability to use this as a recruitment tool for companies recruiting out of town employees to Wichita. Analysis: The Convention & Visitors Bureau, along with the City of Wichita, has been meeting for several months to compile this program. After careful review and analysis, it was determined that the attractions would not have to pay for being in this program. This effort is meant to support on-going marketing activities of the cultural attractions and activities. In the development phase, the CVB selected First Generation Video to serve as the third partner in this program. First Generation Video has been operating a proprietary concept called "The Welcome Channel" for the City of Hutchinson. It is also a public-private partnership that utilizes the City's channel 7 for high quality community promotional programming. First Generation Video has also done similar promotional videos for the State of Kansas. Financial Considerations: All three partners of this concept will invest in the program: · City and Convention & Visitors Bureau: $75,000 o The City and CVB portion of the budget of $75,000 will be funded through the Tourism & Convention Fund. o $55,000 from C & T Fund line item "Tourism Research and/or Marketing" o $20,000 from C & T Fund line item "Convention Promotion Contingency" · First Generation Video: $40,000 primarily by selling advertising space on the DVD version for the hotel channels. Goal Impact: According to the Transforming Wichita goals approved by City Council, this project will impact "Economic Vitality," because the City's quality of life is connected to the vitality of our cultural organizations. By encouraging attendance at the events and activities, the City and CVB are supporting the cultural attractions for their own economic strength. "Enhanced Quality of Life" will also be impacted by educating the citizens on the many things there are to see and do in Wichita, they will be more aware of their cultural opportunities and support the activities and events in Wichita, possibly even inviting out of town guests to participate in Wichita's activities. This program will also help accomplish some of the goals outlined in the "Visioneering Wichita" document. Legal Considerations: There are no legal considerations because the contract with First Generation Video is with the Convention and Visitors Bureau. Recommendations/Actions: It is recommended that the City Council approve the allocation from the Convention & Tourism contingency fund so that the Convention & Visitors Bureau, City of Wichita and First Generation can enter into a partnership to create this new program. Agenda Item No. 27. City of Wichita City Council Meeting July 11, 2006 Agenda Report No. 06-0713 TO: Mayor and City Council SUBJECT: Lease agreement between the City of Wichita, Department of Park and Recreation and the Latino Soccer League, Inc. INITIATED BY: Department of Park and Recreation AGENDA: New Business Recommendation: Approve the agreement and authorize the necessary signatures. Background: Based on findings from the Alternative Revenue Task Force and direction from the City Council, staff has had discussions with the soccer associations regarding the assumption of maintenance duties at city soccer fields by the association in exchange for the City of Wichita not collecting user fees from the soccer associations. Representatives from the Latino Soccer League met with staff in March to begin discussions on a formal lease agreement with the City for the soccer fields located on 35th and Ohio. Analysis: In March of 2006 staff began developing a lease agreement and continued to negotiate the terms of the agreement with the Latino Soccer League, Inc. On November 16, 2004, at a City Council work session, staff was directed to include in these types of agreements, maintenance standards, fees, insurance, nuisance/annoyance issues and an inventory review in the lease agreement. A lease agreement has been created to the satisfaction of city staff and the Latino Soccer League, Inc. Financial Considerations: As per City Council recommendations, any budgetary savings generated from this lease agreement will be used to enhance other grounds maintenance duties within the department. Goal Impact: This agreement will impact the Quality of Life Goal. Latino Soccer League, Inc. will provide ongoing recreational and competitive soccer activities, leagues and tournaments for the citizens of Wichita. Legal Considerations: The Law Department approved the lease agreement as to form. Recommendations/Actions: It is recommended that the City Council approve the agreement and authorize the necessary signatures. Attachments: Lease Agreement with Latino Soccer League, Inc. AGREEMENT Between The City of Wichita, Kansas Department of Park and Recreation and Latino Soccer League, Inc. A. The City of Wichita (hereinafter "City") agrees to lease to Latino Soccer League, Inc. (hereinafter "Lessee" or "LSL"), for exclusive use, two soccer fields, located at 35th and Ohio. Such lease will include provisions for LSL's management and maintenance of the soccer fields, schedule of operation of a soccer program, and staffing and marketing and promotion of the soccer program. The term of the Lease will extend for 20 years and include two (2) 10-year renewal options. The annual lease rate will be $1.00 per year, and other terms of the Lease will include the following: 1. Facility Usage A. The soccer fields shall be used mainly for purposes of adult soccer programs, including league and tournament play, camps, clinics and programs of instruction. Where possible, the LSL may expand facility use to include other athletic activities for citizens of all ages. The "Lessee" shall, in its use of the site, comply with all statutes, laws, ordinances, orders, judgments, decrees, regulations, directions and requirements of all federal, state, local and other governments or governmental authorities, now or hereafter applicable to the soccer fields or to any adjoining, public ways. The lease will also contain a restriction that no existing building, nor any building which is constructed or placed upon the site, either temporarily or permanently, shall be used for housing the operation of any multi-game, casino-style gambling on the premises. B. All real property improvements made to or constructed on the Site during the initial or renewal term(s) shall immediately thereupon be and become the property of the City, and shall be deemed a portion of the property subject to the Lease. C. The City, for itself, its duly authorized representatives and agents, reserves the right to enter the Site at all reasonable times during business hours throughout the initial term and any renewal terms under the Lease for the purpose of (a) examining and inspecting the same, (b) performing such work made necessary by reason of "Lessee's" default under any of the provisions of this Lease, and (c) while an event of default is continuing hereunder, for the purposes of exhibiting the Site to prospective purchasers, managers, lessees or mortgages. The City may, during the progress of said work mentioned in (b) above, store on the premises all necessary materials, supplies and equipment and shall not be liable for necessary inconveniences, annoyances, disturbances, loss of business or other damage suffered by reason of the performance of any such work or the storage of any such materials, supplies and equipment. D. Damage and Destruction. (a) If, during the initial term or an extended term of the Lease, the improvements on the Site are damaged or destroyed, in whole or in part, by fire or other casualty, "Lessee" shall promptly notify the City in writing as to the nature and extent of such damage or loss and whether it is practicable and desirable to rebuild, repair, restore or replace such damage or loss; (b) After examination of damage and assessing repair costs, if "City" shall determine that such rebuilding, repairing, restoring or replacing is practicable and desirable, and in the event that the damage or loss is covered by the City's self insurance program, "Lessee" shall be required to pay a deductible, not to exceed $3,000 per occurrence. "City" shall forthwith proceed with and complete with reasonable dispatch such rebuilding, repairing, restoring or replacing. In such case, any net proceeds of casualty insurance in excess of sums needed to defray the costs of repairing and restoring any such damage or loss of the improvements on the Site shall be paid to the City unless said proceeds were in payment for items not owned by the City; and (c) If "City" shall determine that rebuilding, repairing or restoring or replacing the damaged improvements is not practicable and desirable, any net proceeds of casualty insurance required by the Lease and received with respect to any such damage or loss shall be paid to the City, unless said proceeds were in payment for items not owned by City, and the Lease shall thereupon terminate and "Lessee" shall tender possession of the Site to the City. E. City Use of Facility In consideration for lessee's use of the facility, the City reserves the right to use, without payment, the soccer fields on the Site for City-sponsored recreational use for special public interest groups including, but not limited to, local school districts and groups serving disadvantaged populations. City's use of the Soccer Fields shall be subject to the following guidelines: 1. City's use of the facility shall be coordinated with lessee and is not intended to displace LSL soccer activities during the seasonal year that has been previously scheduled. 2. City shall be permitted the use of the facility for not less than 30 days per calendar year unless all or part of these days are specifically released in writing by the Director of Park and Recreation. 3. LSL shall provided dates that it will schedule activities at the Soccer Complex to the Director of Park and Recreation not less often than every two months and not later than the 10th day of each month. City shall have the right to schedule its own events on specific soccer fields on any date in which LSL has not previously reserved for its own events not less than 120 days beforehand. It is understood that the right of the City to use the Soccer fields for its own scheduled activities is essential to this contract. Failure of the parties to arrive at suitable dates to fulfill the City's rights under this provision shall be grounds for termination of this agreement. 2. Lessee's Duties A. All utilities and utility services used by Lessee in, on or about the Site shall be contracted for by "Lessee" in "Lessee's" own name and "Lessee" shall, at its sole cost and expense, procure any and all permits, licenses or authorizations necessary in connection therewith. B. "Lessee" at its sole expense, shall, by itself and/or third parties employed or contracted by it, keep and maintain the Site premises and the fixtures and appurtenances thereto in a clean and sightly condition, free of trash, graffiti, debris and obstruction; and mow and trim all natural growth when necessary. C. "Lessee" shall, by itself and/or third parties employed or contracted by it, maintain and keep and repair at "Lessee's expense the interior and exterior of the Site premises, keeping the same in proper condition but not limited to, replacement of all broken glass, fencing, lighting, all irrigation system components and turf, parking and pavement, bleachers and other Site furnishings, litter and trash disposal. "Lessee" shall utilize for the soccer fields only, all soccer equipment and materials currently at the complex including goals, nets and field flags. "Lessee" shall be responsible for the maintenance and replacement of all soccer equipment and materials, irrigation system winterization and spring start -up and backflow inspection and rebuilding as per City/State code. D. Notwithstanding the above, "Lessee" shall have the right to contest any such mechanic's lien or other similar lien if within thirty (30) days as stated above it notifies the City in writing of its intention to do so and, provided, "Lessee" diligently prosecutes such contest, at all times effectively stays or prevents any official or judicial sale for the Site including posting of any necessary surety funds, or any part thereof on interest therein, under execution or otherwise satisfies any final judgment adjudging or enforcing such contested lien claim and thereafter promptly procures record release or satisfaction thereof. E. "Lessee" may not mortgage or otherwise pledge or encumber its interest in the Lease, and may not sublease or assign its interest in the Lease, without the prior written consent of City, which the City may grant or decline to grant in its absolute discretion. An attempt by the "Lessee" to take such action without City approval shall cause the immediate termination of the Lease. F. "Lessee" shall have and is hereby given the right, at its sole cost and expense, to make such additions, changes and alterations in and to any part of the Site as "Lessee" from time to time may deem necessary or advisable, consistent with the permitted uses of the property under the Lease; provided, however, "Lessee" shall not make any major addition, change or alteration which will adversely affect the intended use or structural strength of improvements on the Site. All additions, changes and alteration made by "Lessee" pursuant to the authority of this article shall (a) be made in a workmanlike manner and in strict compliance with all laws and ordinances applicable thereto (b) when commenced, be prosecuted to completion with due diligence. G. "Lessee" shall not make any major additions, change or alteration to any existing structure without written permission from the Parks and Recreation Department. All requests for additions, changes, or alterations must be submitted in written form to the Director of Parks & Recreation. H. LSL shall be responsible for all organizational aspects of instructional activities, leagues, tournaments and special events. I. LSL shall be responsible for the authorization, organizations and supervision of concessions and food sales for the soccer complex. LSL shall receive all revenue from concessions sales. All authorized vendors will adhere to all City contracts, and comply with all applicable City, County, State and Federal licenses and guidelines. 3. Terms and Renewal A. Notwithstanding the initial or renewal term(s) of the leasehold as described above, the lease shall terminate immediately in the event of any change in the use of the site from the uses specified in the preceding subparagraph, or upon the occurrence of any breach of the "Lessee's" covenants. B. If "Lessee" desires to exercise its option to extend the lease, it must provide the City with notice 90 days prior to the expiration of the initial term (or prior renewal terms, as the case may be). C. Should the City and/or LSL fail to meet the terms and conditions outlined herein the agreement, both parties, with a 30 days written notice, may declare this agreement null and void. A "cure time" of thirty (30) days shall be given to resolve issues outlined in writing, which would maintain the application of this agreement. D. The filing by the "Lessee" of a voluntary proceeding under present or future bankruptcy, insolvency, or other laws respecting debtors' rights; consent by the "Lessee" to an involuntary proceeding under present or future bankruptcy, insolvency, or other laws respecting debtors' rights; or, the entry of an order for relief against the "Lessee" or the appointment of a receiver, trustee or custodian for all or a substantial part of the property or assets of the "Lessee" in an involuntary proceeding, and the continuation of such order, judgment or decree unstayed for any period of ninety (90) consecutive days or loss of incorporation status shall be considered an event of default and this agreement null and void. B. City Oversight. The City Representative will annually review all rates, fees and charges relating to the use of the soccer complex by the public and by special group categories and will annually review an operating budget. The City may require reductions in the operating budget as to costs that appear unreasonably excessive or uncustomary in comparison to operating costs of similar adult soccer leagues and associations, The City may also require reductions in rate, fees and charges if the amounts thereof exceed the mean average of similar rates, fees and charges at comparable facilities by more than 15%. In addition, any signage or advertising at the facility, which has not been previously approved by the City, shall be submitted for the City Representative's review and approval. The City will have the right to reject any signage or advertising reasonably deemed inappropriate in the context of the intended us of the complex. C. Insurance. The "Lessee" shall maintain the following policies of insurance in full force and effect throughout the term of this Agreement. 1. General accident and public liability insurance (including coverage of all losses whatsoever arising from the ownership, maintenance, use or operation or any automobile, truck or other vehicle in or upon the premises) under which the City shall be named as insured or additional insured, in an amount not less than the then maximum liability of a governmental entity for claims arising out of a single occurrence as provided by the Kansas Tort Claims Act or other similar future law (currently $500,000 per occurrence); which policy shall provide that such insurance may not be canceled by the issuer thereof without at least thirty (30) days advance written notice to the City, such insurance to be maintained throughout the life of this Agreement. 2. Worker's Compensation Insurance in sufficient coverage amounts to comply with Kansas's statutory and regulatory requirements. D. Hold Harmless. The "Lessee" agrees to indemnify, hold harmless, and defend the "City" and members of the City Council, officers, agents and employees (collectively referred to as the "Indemnified") from and against all loss, damage, liability, cost or expense including, but not limited to, attorneys' fees and court costs incurred or suffered or claimed against any of the "Indemnified" by any person or entity by reason of injury, death, loss, or damage to any person, property, or business which arises, or is alleged to have arisen, from the negligence or willful misconduct of the "Lessee", or of its principals, officers, directors, agents or employees. The "Lessee's" obligation under this subparagraph shall survive termination of this Agreement for any cause. E. No Arbitration. The "Lessee" and the "City" shall not be obligated to resolve any claim or dispute related to the Agreement by arbitration. Any reference to arbitration in bid or proposal documents is deemed void. ADDENDUM A LSL Soccer Maintenance Standards and Schedule Mowing (Soccer fields) - 18 times a year (once a week during peak growing season), at a height of 1.5 inches. Field marking - Once every two weeks (or as needed). Fifteen gallons of paint per field. Fertilization - Three applications per year, (June, July and August). Aerification - Three times a year. Irrigation start up - April. Irrigation shut down - October, two compressors needed. Trash containers - Five to 12 containers (90 gallon containers), contracted service that is picked up every Friday. Port -A-Lets - Three units, contracted service that empties on Fridays. ***** We strongly suggest a minimum of six (6) weeks, (June 1 to mid-July) of NO play on the fields. This period of NO play will allow for over seeding of worn/bare areas and establishment of new turf. The City of Wichita, Kansas Carlos Mayans, Mayor Date Latino Soccer League Date ATTEST: Karen Sublett, City Clerk APPROVED AS TO FORM: Gary Rebenstorf Director of Law and City Attorney STATE OF KANSAS ) ) ss. COUNTY OF SEDGWICK ) BE IT REMEMBERED, that on this ______ day of ___________________, 2006, before me, the undersigned, a Notary Public in and for the County and State aforesaid, came George R. Kolb, Gary Rebenstorf and Karen Sublett of the City of Wichita, who are personally known to me to be the same persons who executed the within instrument of writing and such persons duly acknowledged the execution of the same for and on behalf of the City of Wichita. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal the day and year above written. ___________________________________ Notary Public Agenda Item No. 28. City of Wichita City Council Meeting July 11, 2006 Agenda Report No. 06-0714 TO: Mayor and City Council SUBJECT: Contract-MidAmerica Minority Business Development Council INITIATED BY: Finance Department AGENDA: New Business Recommendation: Approve the contract. Background: The City Council approved funding in 1999 and 2004 for funding assistance in the amount of $35,000 for the former Kansas Minority Business Development Council that merged currently with the MidAmerica Minority Business Development Council in 2006 for economic development services. Staff has developed the necessary contractual documents and performance measurements. Analysis: The MidAmerica Minority Business Development Council (MAMBDC) is a non-profit organization that was created in 1983 (formerly the Minority Supplier Council). Its mission statement is to promote and enhance minority owned business enterprises by increasing business opportunities and access to mainstream markets. The intent of the organization is to grow the number, capacity and average gross receipts of minority business through linkages with majority businesses. WMBDC will provide programs and events, along with networking opportunities to target minority business growth. A contract has been negotiated with the MAMBDC, which establishes performance measures and performance outcomes. MAMBDC 2006 performance measures and performance outcomes are attached in Exhibit B. Minority owned businesses would be served under the contract. The contract term is July 11, 2006 to June 30, 2007. Financial Considerations: The contract amount is $30,000 and funding is appropriated in the 2006-adopted budget. Goal Impact: Promote Economic Vitality and Affordable Living goal by MAMBDC is to grow the number, capacity and average gross receipts of minority businesses through linkages with majority businesses. Legal Considerations: The contract has been reviewed and approved as to form by the Law Department. Recommendations/Actions: It is recommended that the City Council approve the contract and authorize the Mayor to sign. CONTRACT for Economic Development Services THIS CONTRACT entered into this 11th day of July, 2006, by and between the CITY OF WICHITA, KANSAS, a municipal corporation, hereinafter called "CITY", and MidAmerica Minority Business Development Council, a Kansas not-for-profit corporation, 350 W Douglas Ave., Wichita, Kansas 67201, Telephone Number (316) 268-1154 hereinafter called "CONTRACTOR". WITNESSETH: WHEREAS, the CITY wishes to make available certain Economic Development Services to improve economic viability and opportunities for disadvantaged Minority businesses; and WHEREAS, CONTRACTOR is a non-profit organization established in 1983 (formerly The Minority Supplier Council), and its mission is to increase procurement and other business development opportunities between minority and majority businesses in Wichita and Sedgwick County. One of its primary goals is to encourage purchasing from minority firms and improve opportunities for minority-owned businesses with Wichita and Sedgwick County; and is ready, willing, and able to provide the economic development services required by the CITY. NOW, THEREFORE, the parties hereto agree as follows: 1. Scope of Services. CONTRACTOR shall provide to the CITY all those Economic Development Services described in Exhibit B, which is incorporated herein by this reference the same as if it were fully set forth. 2. Compensation. CITY agrees to pay to CONTRACTOR thirty thousand dollars ($30,000) for 2006 for supplementing its programs and services in the Wichita area; funding is in the adopted budget for these economic development services that will be performed as described in Exhibit B and as approved by the City Council on July 11, 2006. CONTRACTOR agrees that billings and payments under this contract shall be processed in accordance with established budgeting, purchasing and accounting procedures of the City of Wichita. 3. Term. The term of this contract shall be for a one-year period July 11, 2006 through June 30, 2007. This contract is subject to cancellation by the CITY, at its discretion at any time within the original contract term or within any successive renewal, upon thirty (30) days written notice to CONTRACTOR. 4. Indemnification and Insurance. a. CONTRACTOR shall save and hold the CITY harmless against all suits, claims, damages and losses for injuries to persons or property arising from or caused by errors, omissions or negligent acts of CONTRACTOR, its officers, agents, servants, or employees, occurring in the performance of its services under this Contract, or arising from any defect in the materials or workmanship of any product provided in the performance of this Contract. 5. Independent Contractor. The relationship of the CONTRACTOR to the CITY will be that of an independent contractor. No employee or agent of the CONTRACTOR shall be considered an employee of the CITY. 6. Compliance with Laws. CONTRACTOR shall comply with all laws, statutes and ordinances which may pertain to the providing of services under this Contract. 7. No Assignment. The services to be provided by the CONTRACTOR under this Contract are personal and cannot be assigned, sublet or transferred without the specific written consent of the CITY. 8. Non-Discrimination. CONTRACTOR shall comply with all applicable requirements of the City of Wichita Revised Non-Discrimination and Equal Employment /Affirmative Action Program Requirements Statement for Contracts or Agreements attached hereto as Exhibit A. 9. Third Party Rights. It is specifically agreed between the parties that it is not intended by any of the provisions of any part of this Contract to create the public or any member thereof a third-party beneficiary hereunder, or to authorize anyone not a party to this Contract to maintain a suit for damages pursuant to the terms or provisions of this Contract. 10. No Arbitration. The Contractor and the City shall not be obligated to resolve any claim or dispute related to the Contract by arbitration. Any reference to arbitration in bid or proposal documents is deemed void. 11. Governing Law. This contract shall be interpreted according to the laws of the State of Kansas. 12. Representative's Authority to Contract. By signing this contract, the representative of the contractor or CONTRACTOR represents the he or she is duly authorized by the contractor or CONTRACTOR to execute this contract, and that the contractor or CONTRACTOR has agreed to be bound by all its provisions. IN WITNESS WHEREOF, the parties have set their hands the day and year first above written. ATTEST: CITY OF WICHITA, KANSAS Patsy Eichacker Carlos Mayans Deputy City Clerk Mayor APPROVED AS TO FORM: MidAmerica Minority Business Development Council ______________________________ _____________________________ Gary E. Rebenstorf (Signature) Director of Law _____________________________ (Print Name) _____________________________ (Title-President or Corporate Officer) EXHIBIT A REVISED NON?DISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY/AFFIRMATIVE ACTION PROGRAM REQUIREMENTS STATEMENT FOR CONTRACTS OR AGREEMENTS During the term of this contract, the contractor or subcontractor, Contractor or supplier of the City, by whatever term identified herein, shall comply with the following Non?Discrimination??Equal Employment Opportunity/Affirmative Action Program Requirements: A. During the performance of this contract, the contractor, subcontractor, Contractor or supplier of the City, or any of its agencies, shall comply with all the provisions of the Civil Rights Act of 1964, as amended: The Equal Employment Opportunity Act of 1972; Presidential Executive Orders 11246, 11375, 11131; Part 60 of Title 41 of the Code of Federal Regulations; the Age Discrimination in Employment Act of 1967; the Americans with Disabilities Act of 1990 and laws, regulations or amendments as may be promulgated thereunder. B. Requirements of the State of Kansas: 1. The contractor shall observe the provisions of the Kansas Act against Discrimination (Kansas Statutes Annotated 44?1001, et seq.) and shall not discriminate against any person in the performance of work under the present contract because of race, religion, color, sex, disability, and age except where age is a bona fide occupational qualification, national origin or ancestry; 2. In all solicitations or advertisements for employees, the contractor shall include the phrase, "Equal Opportunity Employer", or a similar phrase to be approved by the "Kansas Human Rights Commission"; 3. If the contractor fails to comply with the manner in which the contractor reports to the "Kansas Human Rights Commission" in accordance with the provisions of K.S.A. 1976 Supp. 44?1031, as amended, the contractor shall be deemed to have breached this contract and it may be canceled, terminated or suspended in whole or in part by the contracting agency; 4. If the contractor is found guilty of a violation of the Kansas Act against Discrimination under a decision or order of the "Kansas Human Rights Commission" which has become final, the contractor shall be deemed to have breached the present contract, and it may be canceled, terminated or suspended in whole or in part by the contracting agency; 5. The contractor shall include the provisions of Paragraphs 1 through 4 inclusive, of this Subsection B, in every subcontract or purchase so that such provisions will be binding upon such subcontractor or Contractor. C. Requirements of the City of Wichita, Kansas, relating to Non-Discrimination ?? Equal Employment Opportunity/Affirmative Action Program Requirements: 1. The Contractor, supplier, contractor or subcontractor shall practice Non-Discrimination ?? Equal Employment Opportunity in all employment relations, including but not limited to employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The contractor, supplier, contractor or subcontractor shall submit an Equal Employment Opportunity or Affirmative Action Program, when required, to the Department of Finance of the City of Wichita, Kansas, in accordance with the guidelines established for review and evaluation; 2. The Contractor, supplier, contractor or subcontractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, 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 Contractor, supplier, contractor or subcontractor shall include the phrase, "Equal Opportunity Employer", or a similar phrase; 3. The Contractor, supplier, contractor or subcontractor will furnish all information and reports required by the Department of Finance of said City for the purpose of investigation to ascertain compliance with Non?Discrimination ?? Equal Employment Opportunity Requirements. If the Contractor, 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 Contractor, 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 Contractor, supplier, contractor or subcontractor shall include the provisions of Subsections 1 through 3 inclusive, of this present section in every subcontract, subpurchase order or subagreement so that such provisions will be binding upon each subcontractor, subcontractor or subsupplier. 5. If the contractor fails to comply with the manner in which the contractor reports to the Department of Finance as stated above, the contractor shall be deemed to have breached this contract and it may be canceled, terminated or suspended in whole or in part by the contracting agency; D. Exempted from these requirements are: 1. Those contractors, subcontractors, Contractors 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 Contractors, 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, Contractor 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. EXHIBIT B ECONOMIC DEVELOPMENT SERVICES Conditions, Goals and Objectives The parties agree to the following additional terms of this Agreement: A. GENERAL CONDITIONS. It is mutually understood by both parties that the purpose of this contract is to pay for staff salaries, insurance, taxes, office utilities, and other operating expenses associated with providing consultations, seminars and other services to local small businesses to help develop and grow these businesses. 1. MAMMBDC will maintain a staffed office in Wichita that is accessible to all residents. 2. It is mutually agreed by and between City of Wichita and MAMBDC that this contract will be evaluated by City of Wichita in terms of whether MAMBDC has attained the stated goals and objectives. 3. The Vice President of MAMBDC shall immediately provide City of Wichita written notice if it is unable to meet the objectives stated in this agreement. B. MAMBDC PEFORMANCE GOALS AND OBJECTIVES. MAMBDC mission is "To increase procurement and other business development opportunities between minority and majority businesses. Performance Objective #1 TRAINING PROGRAMS AND INCREASED CONTRACTS Buyer/Supplier Forum Builds Entrepreneurship - Minority business owners and corporate buyers come together to learn how to develop environments for growth. In a half-day format, local and national experts deliver practical steps to achieving business growth and strategies for value added products and services to majority corporations. The Buyer/Supplier Forums are open to member corporations and minority business owners certified by MAMBDC. Goals § Provide four (4) Buyer/Supplier Forums per year. § More bidding opportunities for our members § Insight on how to do business with the City of Wichita § Provide opportunities to meet buyers § Determine if additional jobs were formed § Determine revenue growth of Minority Companies Corporate Roundtable Brings Best Practices in Supplier Diversity - The Council is committed to provide its corporate member representatives with value-added professional development opportunities in the field of supplier diversity. Training and development are prominent and every effort is made to ensure that selected topics address changing market trends and current issues affecting minority business development. Training focuses on how to implement best practices with an emphasis on benchmarking and improving company-wide performance. The Corporate Roundtable is open to MAMBDC member corporations. Goals § Provide four (4) Corporate Roundtables per year § Target five (5) major corporations § Provide regional and national speakers § Provide on-site follow-up training § Provide Benchmarking § Assist corporations in creating supplier diversity goals § Assistance in designing a supplier diversity program MAMBDC Market Place - Business-to-Business Marketplace is designed to promote business transactions between MAMBDC Corporate members and certified minority business enterprises. This unique format matches open contracts with minority suppliers and delivers direct access to corporate buyers and end users. Goals § MAMBDC will provide two (2) Market Places per year § Opportunity to network with buyers § Understand how a corporation/governmental agency does business/what's forecasted § Provide opportunity for MBE'S based on corporate/government opportunities Educational Programs - In addition to the Buyer/Supplier Forums, Market Places and the many other partnering educational resources, MAMBDC provides scholarship opportunities to attend the Kellogg and Tuck Schools of Business. Kellogg Advanced Management Education Program - Held on the campus of Northwestern University in Chicago, the NMSDC Advanced Management Education Program is designed for minority men and women CEO's and/or owners, who are NMSDC certified, have demonstrated sustained levels of solid performance and are ready and interested in accelerating their growth. The program is designed to address the issues and goals of the business owner and to equip them with the tools and skills needed to achieve and sustain accelerated growth. This four-day management program is unique in that it helps to prepare high-potential MBE's to achieve the next level of business success. Businesses should be at least three years old, with a sales of over $3 million for manufacturing and distribution firms and at least 1$ million for service firms. Firms must also be recommended by an NMSDC National Corporate Member or a local member in conjunction with the local council to be considered. Tuck Advanced Minority Business Executive Program - The Tuck Advanced Minority Business Executive Program is held on the campus of Dartmouth College in Hanover, NH. The program is designed for owners and high-potential minority companies who have 5 to 10 years of senior management experience or have acquired equivalent business education and want to build on their current knowledge and experience to grow their business. Additionally annual sales must be at least $300,000. Goals § MAMBDC will look for opportunities to send at least one (1) MBE to Kellogg or Tuck as they qualify according to the criteria set forth by each educational institution. § MAMBDC will also seek to have one governmental agency or corporation sponsor another MBE Performance Objective #2 NETWORKING Events Build Business Relationships - One of the greatest rewards of MAMBDC is the knowledge that their members and certified MBE's have made a valuable contribution and that their efforts are appreciated. The council firmly believes that excellence deserves its rewards and that the members know how much they are valued. Annual Awards Luncheon or Dinner - MAMBDC's premier awards event, typically attracting more than 500 members, MBE's and invited guests. Each year the MAMBDC honors the achievements of corporate members and their representatives who have exhibited outstanding effort, excelled in the implementation of MBE programs, and promoted minority business development during the year. MAMBDC's top performing minority suppliers are also honored for their outstanding accomplishments, and recognized for setting the standard and paving the way for their peers. The pride, satisfaction and sometimes awe of the honorees are most evident when their colleagues and peers salute them with standing ovations for their pursuit and achievement of excellence. Goals § MAMBDC will provide an Annual Awards Luncheon or Dinner each year in Wichita § Provide networking opportunities for MBE'S, corporations, and governmental agencies Golf Outing - What a great combination - playing golf at the height of the fall color while meeting and relaxing with new business contacts. The Annual Golf Outing is a perfect way to blend doing business and having fun! Non-golfers can enjoy the networking benefits as well by attending the golf luncheon. Goal · MAMBDC will provide an Annual Golf Outing each year. · Provide one on one with Decision Makers to start building relationships Performance Objective #3 MINORITY BUSINESS ENTERPRISE INPUT COMMITTEE The Minority Business Enterprise Input Committee (MBEIC) is a group of certified minority business enterprise representatives, who provide counsel and recommendations so that programs and projects implemented by MAMBDC are relevant and supportive of minority business development. All members should be among the most proactive and committed suppliers in each local area. MAMBDC staff members are the ex-officio members and attend MBEIC meetings as required. Goal · The Committee will meet a minimum of four (4) times per year. · Provide MBE's an opportunity to input into the strategies of the council · Foster MBE to MBE sales, networking and partnering In addition to the foregoing proposal, MAMBDC will offer an appointment of Ex-Officio to the Chief City Executive Officer to the Board of Directors. Performance Objective #4 Obtaining Funds The Business Consortium Fund, Inc. The Business Consortium Fund, Inc. (BCF) is a minority business development company of the National Minority Supplier Development Council (NMSDC). The BCF is a loan fund that provides affordable funds to certified minority vendors for the purpose of financing transactions with member corporations of the National Minority Supplier Development Council, Inc., and its affiliated Regional Minority Purchasing Councils. These minority-owned businesses are generally unable to obtain working capital through traditional lending sources. To achieve its objectives, BCF makes loans in amounts up to $375,000 at 100 percent of the prevailing prime rate through loan participation agreements with Certified Bank Lenders. Certified Bank Lenders charge 130 percent of the prevailing prime rate on their share of the loan and have sole responsibility for making the credit decisions. C. METHOD OF BILLING AND PAYMENT. 1. MAMBDC agrees that billings and payments under this contract shall be processed in accordance with the established budgeting, purchasing and accounting procedures of City of Wichita, Kansas. 2. MAMBDC will submit invoices to the City of Wichita Economic Development Division bi-annually for costs agreed upon under this agreement. MAMBDC may invoice City of Wichita on the first day of each July and January. The initial 2006 invoice will be submitted upon execution of this contract by the City of Wichita and MAMBDC. 3. MAMBDC will attach a report and summary of activities toward the fulfillment of their goals and objectives to the semi-annual invoices. 4. Should a dispute arise regarding a claim or expenditure, the amount of the claim or expenditure shall be placed in trust pending the resolution of the dispute; all remaining claims shall be paid in a timely and reasonable manner, in accordance with the agreement. Agenda Item No. 29. CITY OF WICHITA City Council Meeting July 11, 2006 Agenda Report No. 06-0715 TO: Mayor and City Council Members SUBJECT: Amendment to Section 5.68.260 of the Code of the City of Wichita, Kansas, Pertaining to Public Nudity INITIATED BY: Law Department AGENDA: New Business Recommendation: Approve the ordinance Background: The Kansas Legislature enacted HB 2284 to ensure that any mother has the right to breastfeed her child in any public place where she has a right to be. The proposed exception must be enacted to avoid the potential of occasional, monetary violations of the existing nudity ordinance during the breastfeeding process. Analysis: The amendment to City of Wichita Ordinance 5.68.260 must be passed, in order to comply with the provisions of HB 2284, which has a uniform state law, would render unenforceable the City's existing public nudity ordinance in certain situations. Financial Considerations: None. Goal Impact: Provide a Safe and Secure Community. This amendment will allow the Police Department and Law Department to continue to charge and prosecute violations of the Public Nudity laws within the bounds allowed by state law. Legal Consideration: The City of Wichita Law Department drafted the amended ordinance and approved it as to form. Recommendations/Actions: It is recommended that the City Council approve first reading of the ordinance. Attachment: Delineated copy of the ordinance Published in the Wichita Eagle on _____________. Clear 06/13/06 AN ORDINANCE AMENDING SECTION 5.68.260 TO INCLUDE 5.68.260(b)(3) OF THE CODE OF THE CITY OF WICHITA, KANSAS, PERTAINING TO EXCEPTIONS TO PUBLIC NUDITY PROHIBITIONS, AND REPEALING THE ORIGINAL OF SAID SECTION BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF WICHITA, KANSAS: SECTION 1. Section 5.68.260 of the Code of the City of Wichita, Kansas shall be amended to read as follows: Section 5.68.260 Exceptions. (a) The provisions of Section 5.68.240(a) of the Code of the City of Wichita shall not apply to any theatrical production that has serious literary, artistic, scientific or political value. (b) The provisions of Section 5.68.240(a)(2) of the Code of the City of Wichita shall not apply to: (1) a child under the age of ten years, (2) a person appearing in a state of nudity modeling in an art class operated by: (A) a proprietary school licensed by the state; (B) a college, community college or university supported entirely or primarily by taxation; (C) an accredited private college or university, or (D) a non-profit educational or artistic organization: (i) held within a structure in which no sign or advertising is visible on or from the exterior of the structure that indicates a nude person is available on the premises for viewing; (ii) where in order to attend a student must enroll at least three days in advance; and (iii) where no more than one nude model appears in the studio at one time. (3) A mother breastfeeding her child. SECTION 2. The original of Section 5.68.260 of the Code of the City of Wichita is hereby repealed. SECTION 3. This ordinance shall be included in the Code of the City of Wichita, Kansas, and shall be effective upon adoption and publication in the official city newspaper. PASSED by the governing body of the City of Wichita, Kansas, this _______________. ___________________________________ Carlos Mayans, Mayor ATTEST: ___________________________________ Karen Sublett City Clerk Approved as to Form: ___________________________________ Gary E. Rebenstorf, Director of Law Published in the Wichita Eagle on _____________. Delineated 06/13/06 AN ORDINANCE AMENDING SECTION 5.68.260 OF THE CODE OF THE CITY OF WICHITA, KANSAS, PERTAINING TO EXCEPTIONS TO PUBLIC NUDITY PROHIBITIONS, AND REPEALING THE ORIGINAL OF SAID SECTION BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF WICHITA, KANSAS: SECTION 1. Section 5.68.260 of the Code of the City of Wichita, Kansas shall be amended to read as follows: Section 5.68.260 Exceptions. (a) The provisions of Section 5.68.240(a) of the Code of the City of Wichita shall not apply to any theatrical production that has serious literary, artistic, scientific or political value. (b) The provisions of Section 5.68.240(a)(2) of the Code of the City of Wichita shall not apply to: (1) a child under the age of ten years, (2) a person appearing in a state of nudity modeling in an art class operated by: (A) a proprietary school licensed by the state; (B) a college, community college or university supported entirely or primarily by taxation; (C) an accredited private college or university, or (D) a non-profit educational or artistic organization: (i) held within a structure in which no sign or advertising is visible on or from the exterior of the structure that indicates a nude person is available on the premises for viewing; (ii) where in order to attend a student must enroll at least three days in advance; and (iii) where no more than one nude model appears in the studio at one time. (3) A mother breastfeeding her child. SECTION 2. The original of Section 5.68.260 of the Code of the City of Wichita is hereby repealed. SECTION 3. This ordinance shall be included in the Code of the City of Wichita, Kansas, and shall be effective upon adoption and publication in the official city newspaper. PASSED by the governing body of the City of Wichita, Kansas, this _______________. Carlos Mayans, Mayor ATTEST: Karen Sublett City Clerk Approved as to Form: Gary E. Rebenstorf, Director of Law Agenda Item 29a, CITY OF WICHITA City Council Meeting July 11, 2006 Agenda Report No. 06-0731 TO: Mayor and City Council Members SUBJECT: Amendment to Section 1.04.070 of the Code of the City of Wichita, Kansas, Pertaining to the Schedule of Costs for all Municipal Court Cases INITIATED BY: Law Department AGENDA: New Business Recommendation: Approve the Mayor's Request for Declaration of Emergency and pass the ordinance amending Section 1.04.070 of the Code of the City of Wichita, on a single reading. Background: The City of Wichita has exempted itself by charter ordinance from the state statute court cost limitations, but complies with the court costs that state statute sets out to be collected and remitted for the funding of various state law enforcement and court agencies. Analysis: In HB 2122, the legislature this past session increased base court costs by ten dollars. The City is required to pay those increased costs to the State. This proposed ordinance increase will keep the Municipal Court costs aligned with the K.S.A. 12-4117, and will require those defendants successfully prosecuted or diverted to pay the costs attributable to their convictions. Financial Considerations: None. The full increase will be transmitted to the State of Kansas. Goal Impact: This ordinance will advance the goal of a Safe and Secure community, as it will allow criminal enforcement in the City to continue without imposing an additional charge per case prosecuted for State functions. Legal Consideration: The City of Wichita Law Department drafted the amended ordinance and emergency declaration, approved them as to form. Recommendations/Actions: Declare a public emergency and adopt the ordinance making the recommended amendments to City Code section 1.04.070. Attachment: Delineated copy of the emergency declaration and the proposed ordinance Published in the Wichita Eagle on _____________. Clear 06/19/06 AN ORDINANCE AMENDING SECTION 1.04.070 OF THE CODE OF THE CITY OF WICHITA, KANSAS, PERTAINING TO THE SCHEDULE OF COSTS FOR ALL MUNICIPAL COURT CASES, AND REPEALING THE ORIGINAL OF SAID SECTION BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF WICHITA, KANSAS: SECTION 1. Section 1.04.070 of the Code of the City of Wichita, Kansas shall be amended to read as follows: (a) The sum of fifty dollars shall be assessed as court costs against each person charged with such a violation of any of the ordinances of this city, unless found not guilty. The fifty dollars in court costs shall include all costs required by state statute, as well as a three dollar domestic violence program fee and a four dollar public defender fee. However, this subsection shall not apply to persons who make payment to avoid prosecution of a charge that involves a parking violation as provided in Section 11.92.040 of this code. b) For each person who is charged with a violation of any of the ordinances of this city and such matter is set for appearance, a charge of ten dollars will be assessed, unless found not guilty. (c) For each continuance of any pre-trial appearance, trial, sentencing, disposition or pre-sentence investigation granted at the request of the accused person, a cost of ten dollars shall be assessed against such accused person unless found not guilty. (d) A cost of five dollars shall be assessed for each extension of time to pay any fine, penalty or costs granted by the clerk of the municipal court at the request of an accused person. (e) For each trial date attributable to the accused person for which subpoenas have been issued, and in addition to other costs provided for in this section, the sum of twenty-five dollars shall be assessed as court costs against such accused person, unless found not guilty by the court, except that this cost shall not be assessed against persons who are found guilty after an informal hearing in the administrative traffic court. (f) In addition to other costs provided for in this section, the sum of ten dollars shall be assessed as court costs against each accused person who is found guilty and files a notice of appeal in district court. (g) In addition to other court costs assessed pursuant to this section, fees and mileage for subpoenaed witnesses shall be assessed at the rate of two dollars and fifty cents per day and ten cents per mile actually driven in excess of twenty miles. (h) A cost of twenty-five dollars shall be assessed against each person for whom a municipal court bench warrant or show cause is issued for either failure to appear or failure to comply. (i) A cost of fifteen dollars shall be assessed against each person for whom a warrant is issued for failure to pay any fine, penalty or costs as provided in subsection (a) of this section. (j) In addition to other court costs assessed pursuant to this section, the sum of fifteen dollars shall be assessed as court costs against each accused person who fails to comply with a traffic citation, as set forth in Section 11.42.040(a) of this code. This assessment shall be in addition to the reinstatement fee collected by the court pursuant to K.S.A. 8-2110(c) as amended, and as set forth in Section 11.42.040(c) of this code, and shall be retained by the municipal court to be used to reimburse the court for expenses incurred in complying with the procedures required by state law. Such sum shall be assessed for each charge on which the person fails to make satisfaction, regardless of the disposition of the charge for which the citation was originally issued. (k) Each person placed under the probation supervision of a probation officer shall pay a probation fee of twenty-five dollars for each case, except that in any case in which there is a determination of indigency, the fee specified may be reduced or waived by the judge. (l) The assessment and imposition of the court costs pursuant to this section shall be mandatory and the court shall not waive, remit, suspend, parole or otherwise excuse the payment thereof except as set forth in subparagraph (n). (m) All court costs assessed and imposed by this section shall be paid not later than sixty days following imposition; provided that the court may extend the time for such payment to one hundred twenty days for good cause shown. In no case shall the court order the time for payment of court costs assessed pursuant to this section extended beyond one hundred twenty days from the date of initial imposition. (n) In lieu of payment of court costs assessed pursuant to this section, the court may order that the defendant perform community service specified by the court only after the defendant has filed an affidavit of such defendant's financial condition in accordance with Section 1.04.210(e), and the court has found from the information contained in the affidavit that the defendant is financially unable to pay the court costs required herein. If the court also finds that such indigent defendant is unable to perform community service work, then the court may enter an order suspending the court costs imposed by this section. (o) All court costs collected pursuant to this section shall be accounted for by the clerk of the municipal court and deposited to the general fund of the city and special trust fund. SECTION 2. The original of Section 1.04.070 of the Code of the City of Wichita is hereby repealed. SECTION 3. This ordinance shall be included in the Code of the City of Wichita, Kansas, and shall be effective upon adoption and publication in the official city newspaper. PASSED by the governing body of the City of Wichita, Kansas, this _______________. ___________________________________ Carlos Mayans, Mayor ATTEST: Karen Sublett City Clerk Approved as to Form: Gary E. Rebenstorf, Director of Law 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 ADOPTION OF AN ORDINANCE BELOW DESIGNATED. TO THE MEMBERS OF THE CITY COUNCIL OF THE CITY OF WICHITA, KANSAS: I, Carlos Mayans, 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 day of its introduction, to wit, June 6 2006, of an Ordinance entitled: ORDINANCE NO. 1.04.070 AN ORDINANCE AMENDING SECTION 1.04.070 OF THE CODE OF THE CITY OF WICHITA, KANSAS, PERTAINING TO THE SCHEDULE OF COSTS FOR ALL MUNICIPAL COURT CASES, AND REPEALING THE ORIGINAL OF SAID SECTION The general nature of such public emergency lies in the need to pass and publish this ordinance to conform with the legislative changes of K.S.A. 12-4117 , the state statute pertaining to the court costs to be assessed upon conviction or diversion. In HB 2122, the legislature increased the court costs figure from $9.00 to $19.00. This change must be passed on to defendants convicted or diverted in City prosecutions, or the City will be required to pay the difference to the State. City ordinance 1.04.070 must be amended to comply with this mandate of state law. It is therefore expedient at this time that the City Council find and determine that a public emergency exists by reason of the foregoing and that the above entitled Ordinance be finally adopted on the day of its introduction. Executed at Wichita, Kansas on this 11th day of July, 2006. MAYOR OF THE CITY OF WICHITA, KANSAS Carlos Mayans, Mayor ATTEST: Karen Sublett, City Clerk (Seal) APPROVED AS TO FORM: Gary E. Rebenstorf, City Attorney Agenda Item No. 30. City of Wichita City Council Meeting July 11, 2006 Agenda Report No. 06-0716 TO: Mayor and City Council SUBJECT: General Obligation Bond and Note Sale INITIATED BY: Finance Department AGENDA: New Business Recommendation: Approve the bids. Background: The City is offering for sale two series of general obligation temporary notes totaling $58,845,000 (Series 216 and 217) and two series of general obligation bonds (Series 786 and 786A) totaling $11,495,000 for the purpose of providing permanent financing for capital improvement projects of the City. Analysis: The proceeds from the sale of the Series 216 and 217 Improvement and Renewal Notes will be used to provide interim financing for City-at-large, improvement district projects and improvements located within the East Bank Tax Increment Financing District. Due to the nature of the improvements located within the East Bank Tax Increment Financing District, the Series 217 Improvement and Renewal Notes are taxable under Federal law. The proceeds from the sale of the Series 786 and 786A Bonds will be used to permanently finance neighborhood improvements located in special improvement districts. Sealed bids will be accepted via facsimile, walk-in sealed bids or electronically through I-Deal, LLC/PARITY Electronic Bid Submission System until 10:30 a.m. CST in the Finance Conference Room, at which time the bids will be publicly opened. No bids will be accepted after the 10:30 a.m. deadline. The bids will be verified, tabulated and presented to the City Council at its earliest convenience following the tabulation of the bids. By law, the City must award the sale of the bonds and notes to the bidder whose proposed interest rates result in the lowest true interest rate. Financial Considerations: The Series 216 and 217 Temporary Notes will mature February 8, 2007, and will be retired using cash, the proceeds of both permanent financing bonds and renewal notes issued at that time. The Series 786 Bonds will mature serially over fifteen years and will be paid from special assessments that are levied against benefited property. The Series 786A Bonds will mature serially over twenty years and will be paid from special assessments that are levied against benefited property. The Series 786 Bonds will be callable in 2013 and the Series 786A Bonds will be callable in 2016 with a 1% call premium, in accordance with the City's debt management policy. Goal Impact: This item impacts the Economic Vitality/Affordable Living and Internal Perspectives through the temporary and permanent financing of capital improvements and offering the City's debt obligations through competitive sale. Legal Considerations: Bond Counsel will review and approve the bids and the Law Department will approve the authorizing Ordinances and Resolutions which have been prepared by Bond Counsel. Recommendations/Actions: It is recommended that the City Council: (1) direct the opening and reading of the bids; (2) award the sale of the Bonds and Temporary Notes; and (3) find and declare, upon the request of the Mayor, that a public emergency exists, requiring the final passage of the Bond and Note Ordinances on the date of their introduction, adopt the Bond and Note Ordinances and Resolutions and authorize the publication thereof. Attachments: For each bond and note series: Request for Declaration of Emergency Resolution Authorizing Issuance of Bonds/Notes Ordinance Authorizing Issuance of Bonds/Notes (Published in The Wichita Eagle on July ___, 2006.) ORDINANCE NO. _______ AN ORDINANCE AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF GENERAL OBLIGATION BONDS, SERIES 786, OF THE CITY OF WICHITA, KANSAS, IN THE TOTAL PRINCIPAL AMOUNT OF $10,575,000, FOR THE PURPOSE OF PROVIDING THE NECESSARY FUNDS TO PAY COSTS IN CONNECTION WITH THE MAKING OF CAPITAL IMPROVEMENTS IN THE CITY; PROVIDING FOR THE LEVY AND COLLECTION OF AN ANNUAL TAX FOR THE PURPOSE OF PROVIDING FOR THE PAYMENT OF THE PRINCIPAL OF AND INTEREST ON THE BONDS AS IT BECOMES DUE AND PAYABLE; AND MAKING CERTAIN OTHER COVENANTS AND AGREEMENTS WITH RESPECT TO THE BONDS WHEREAS, the City of Wichita, Kansas (the "City"), is a city of the first class duly created, organized and existing under the laws of the State of Kansas; and WHEREAS, pursuant to and under the authority of K.S.A. 12-6a01 et seq., as amended and supplemented, the Governing Body has duly taken various actions, including the adoption, and publication, where necessary, of resolutions, ordinances and other proceedings as required by said laws, to authorize certain capital improvements in the City (the "Improvements"), and has provided that the costs thereof shall be paid from special assessments collected in cash and/or by the issuance of general obligation bonds of the City; and WHEREAS, the Governing Body has found and determined that the combined total final costs and related expenses of the Improvements are $11,171,500 as detailed on said Schedule I attached to the Resolution, that $431,081.59 thereof has been paid in cash by the owners of the real properties against which special assessments therefor were levied, that $13,200.00 thereof has been paid from lawfully available excess water and sewer utility funds of the City, that $150,503.27 thereof has been paid for by the City-at-large, that $1,715.14 is available from other funds of the City, and that the balance for which funding is necessary is in the amount of $10,575,000.00, all of which is chargeable to and has been specially assessed against various real properties in the City benefited by the respective Improvements and which special assessments were not paid within the time provided by law; and WHEREAS, the Governing Body is authorized by the laws of the State of Kansas, including K.S.A. 10-101 et seq., as amended and supplemented, to issue the City's general obligation bonds to provide the necessary funds for the permanent financing of the costs and expenses of the Improvements specially assessed against benefited real property and not paid in cash within the time provided by law; and is required, by K.S.A. 10-106, as amended and supplemented, to sell such general obligation bonds at public sale if the principal amount thereof exceeds $100,000; and WHEREAS, the Governing Body, pursuant to Resolution No. R-06-____, duly adopted June 20, 2006, advertised for bids at a public sale for $10,575,000 of the City's General Obligation Bonds, Series 786, for the aforesaid purpose; and such public sale has been duly held and the Governing Body has awarded the Bonds to the best bidder therefor; and WHEREAS, the Governing Body, on February 27, 1996, adopted Ordinance No. 42-996 establishing a master undertaking to provide ongoing disclosure concerning the City for the benefit of owners of its general obligation bonds in compliance with Section (b)(5)(i) of Securities and Exchange Commission Rule 15c2-l2, and said Ordinance No. 42-996, the terms and provisions thereof, and actions required by the City as set forth therein are by reference incorporated in this Ordinance and made applicable to the General Obligation Bonds authorized hereby as though fully set forth herein; and WHEREAS, the Governing Body hereby finds and determines that it is necessary to authorize the issuance and delivery of the Bonds, to prescribe the terms and details thereof, to provide for the levy and collection of an annual tax in order to provide for the payment of the principal of and interest on the Bonds, and to make certain other covenants and agreements with respect thereto; THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF WICHITA, KANSAS: Section 1. Definitions. All capitalized terms and phrases not otherwise defined herein shall have the meanings set forth in the Bond Resolution herein referenced. Section 2. Authorization of and Security for the Bonds. It is hereby authorized, ordered and directed that in order to provide the necessary funds to pay the Improvement Costs, there shall be issued general obligation bonds of the City (the "Bonds"). In all matters relating to the issuance, registration and delivery of the Bonds, the City shall comply with the provisions, requirements and restrictions of K.S.A. 10-101 et seq., as amended and supplemented. The Bonds shall be and constitute valid and legally binding general obligations of the City, and shall be payable as to both the principal of and interest thereon from the collection of special assessment taxes which have been levied against real properties in the City which benefited from the Improvements, and if not so paid, then said principal and interest shall be paid from ad valorem taxes which may be levied without limitation as to rate or amount upon all of the taxable tangible property within the territorial limits of the City. The full faith, credit and resources of the City are hereby irrevocably pledged to secure the prompt payment of the principal of and interest on the Bonds as the same severally become due and payable. Section 3. Terms, Details and Conditions of the Bonds. The Bonds shall be dated and bear interest, shall mature and be payable at such times, shall be in such forms, shall be subject to redemption and payment prior to the maturity thereof, and shall be issued and delivered in the manner prescribed and subject to the provisions, covenants and agreements set forth in a resolution (the "Bond Resolution") hereafter adopted by the Governing Body of the City. In all matters relating to the issuance, registration and delivery of the Bonds, the City will comply with the provisions, requirements and restrictions of K.S.A. 10-101 et seq., as amended and supplemented. Section 4. Levy and Collection of Annual Tax. The Governing Body hereby covenants that it shall annually make provision for the payment of the principal of, premium, if any, and interest on the Bonds as and when the same becomes due and payable by levying and collecting the necessary special assessment taxes upon the real properties within the City liable therefor as provided by law; provided, that if the amounts collected from such special assessment taxes are insufficient to fully pay the maturing principal and interest on the Bonds when due, then the Governing Body shall levy ad valorem taxes upon all of the taxable tangible property located within the territorial limits of the City in such amounts as are necessary to rectify any deficiency in the amount of special assessment taxes collected. Section 5. Tax Covenants. The Governing Body hereby covenants and agrees that so long as any of the Bonds remain outstanding and unpaid, it will not take any action, or fail to take any action in its power, if any such action or the failure to take such action, would adversely affect the continued exclusion from gross income for purposes of Federal income taxation of the interest on the Bonds under Section 103 of the Code, and further covenants to comply with all other provisions of the Code, as the same be amended, and any applicable rules and regulations of the United States Treasury Department thereunder, to the extent applicable to the Bonds. The Governing Body hereby further covenants that it will use and expend the proceeds of the Bonds for the purpose for which they are issued as soon as practicable and with all reasonable dispatch, and that it will not directly or indirectly use or permit the use of the proceeds of the Bonds or any other funds of the City, or take or omit to take any action which, if such use or taking or omission of action had been reasonably expected on the Date of Issuance, would have caused the Bonds to be "arbitrage bonds" within the meaning of Section 103(b)(2) of the Code and that to that end, it will comply with all applicable requirements of Section 148 of the Code and the rules and regulations of the United States Treasury Department thereunder to the extent applicable to the Bonds for so long as any of the Bonds remain outstanding and unpaid. Without limiting the generality of the foregoing, the Governing Body agrees that there shall be paid from time to time, all amounts required to be rebated to the United States of America pursuant to Section 148(f) of the Code, and any temporary, proposed or final Treasury regulations as may be applicable to the Bonds from time to time. This covenant shall survive payment in full or the defeasance of the Bonds and the Governing Body specifically hereby covenants to pay or cause to be paid to the United States of America, at the times and in the amounts determined under this Ordinance and the Bond Resolution, the Rebate Amount as described in the Certificate as to Arbitrage and Related Tax Matters. Section 6. Designation of Paying Agent and Bond Registrar. Pursuant to K.S.A. 10-620 et seq., the Governing Body elects to have the provisions of the Kansas Bond Registration Law apply to the Bonds. The Treasurer of the State of Kansas, Topeka, Kansas, is hereby designated as the initial Paying Agent and Bond Registrar for the Bonds; provided, however, the City reserves the right, in its sole discretion, to designate successor Paying Agents and Bond Registrars with respect to the Bonds upon fifteen (15) days' written notice to the then acting Paying Agent and Bond Registrar. The Mayor and City Clerk are authorized and empowered to execute on behalf of the City all necessary agreements with the initial or any successor Bond Registrar and Paying Agent in connection with such designation. Section 7. Further Authority. The Governing Body hereby authorizes, orders and directs the Mayor to execute, and the City Clerk to attest by signing and affixing the official seal of the City, and thereupon deliver this Ordinance, the Official Statement relating to the offering and sale of the Bonds and the Bonds in accordance with the provisions of the Bond Resolution. The Governing Body hereby further authorizes, orders and directs the Mayor and the City Clerk, or the Director of Finance, as appropriate, or such other officers, officials, agents and employees of the City as the Mayor may designate and direct, to execute and deliver any and all supporting documents and certificates required in the issuance of the Bonds, including final certificates required to be included in the official Transcript of Proceedings relating to the authorization and issuance of the Bonds, all for and on behalf of and as the act and deed of the City and without further action by the Governing Body, such documents to be in substantially the forms thereof as are presented to the Governing Body this date, with such minor corrections or amendments thereto as the Mayor shall approve, which approval shall be evidenced by his execution thereof and the Mayor and City Clerk, or the Director of Finance, as appropriate, or such other officers, officials, agents and employees of the City as the Mayor may designate and direct, are also authorized to execute and deliver such other documents, certificates and instruments as may be necessary or desirable in order to carry out, give effect to and comply with the intent of this Ordinance and to give effect to the transactions contemplated hereby. The execution and attestation of this Ordinance, the Official Statement and such other documents, certificates and instruments as may be necessary or desirable to carry out, give effect to and comply with the intent of this Ordinance, shall be conclusive as to the approval of said documents and each of them. The Governing Body shall, and the officers, agents and employees of the City are hereby authorized and directed to, take such actions, expend such funds and execute such other documents, certificates and instruments as may be necessary or desirable to carry out, give effect to and comply with the provisions of and transactions contemplated by this Ordinance and to carry out, give effect to and comply with and perform the duties of the City with respect to the Bonds and the Official Statement. Section 8. Effective Date. This Ordinance shall be in force and take effect from and after its passage and approval by the Governing Body of the City, and the publication hereof one time in the City's official newspaper. PASSED AND APPROVED by the Governing Body of the City of Wichita, Kansas on July ___ 2006. Carlos Mayans, Mayor Karen Sublett, City Clerk APPROVED AS TO FORM: Gary E. Rebenstorf, Director of Law (Published in The Wichita Eagle on July ___, 2006.) ORDINANCE NO. _______ AN ORDINANCE AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF GENERAL OBLIGATION BONDS, SERIES 786A, OF THE CITY OF WICHITA, KANSAS, IN THE TOTAL PRINCIPAL AMOUNT OF $920,000, FOR THE PURPOSE OF PROVIDING THE NECESSARY FUNDS TO PAY COSTS IN CONNECTION WITH THE MAKING OF CAPITAL IMPROVEMENTS IN THE CITY; PROVIDING FOR THE LEVY AND COLLECTION OF AN ANNUAL TAX FOR THE PURPOSE OF PROVIDING FOR THE PAYMENT OF THE PRINCIPAL OF AND INTEREST ON THE BONDS AS IT BECOMES DUE AND PAYABLE; AND MAKING CERTAIN OTHER COVENANTS AND AGREEMENTS WITH RESPECT TO THE BONDS WHEREAS, the City of Wichita, Kansas (the "City"), is a city of the first class duly created, organized and existing under the laws of the State of Kansas; and WHEREAS, pursuant to and under the authority of K.S.A. 12-6a01 et seq., as amended and supplemented, the Governing Body has duly taken various actions, including the adoption, and publication, where necessary, of resolutions, ordinances and other proceedings as required by said laws, to authorize certain capital improvements in the City (the "Improvements"), and has provided that the costs thereof shall be paid from special assessments collected in cash and/or by the issuance of general obligation bonds of the City; and WHEREAS, the Governing Body has found and determined that the combined total final costs and related expenses of the Improvements are $1,020,300.00 as detailed on said Schedule I attached to the Bond Resolution, that $98,084.18 thereof has been paid in cash by the owners of the real properties against which special assessments therefor were levied, that $2,215.82 is available from other funds of the City, and that the balance for which funding is necessary is in the amount of $920,000.00, all of which is chargeable to and has been specially assessed against various real properties in the City benefited by the respective Improvements and which special assessments were not paid within the time provided by law; and WHEREAS, the Governing Body is authorized by the laws of the State of Kansas, including K.S.A. 10-101 et seq., as amended and supplemented, to issue the City's general obligation bonds to provide the necessary funds for the permanent financing of the costs and expenses of the Improvements specially assessed against benefited real property and not paid in cash within the time provided by law; and is required, by K.S.A. 10-106, as amended and supplemented, to sell such general obligation bonds at public sale if the principal amount thereof exceeds $100,000; and WHEREAS, the Governing Body, pursuant to Resolution No. R-06-____, duly adopted June 20, 2006, advertised for bids at a public sale for $920,000 of the City's General Obligation Bonds, Series 786A, for the aforesaid purpose; and such public sale has been duly held and the Governing Body has awarded the Bonds to the best bidder therefor; and WHEREAS, the Governing Body, on February 27, 1996, adopted Ordinance No. 42-996 establishing a master undertaking to provide ongoing disclosure concerning the City for the benefit of owners of its general obligation bonds in compliance with Section (b)(5)(i) of Securities and Exchange Commission Rule 15c2-l2, and said Ordinance No. 42-996, the terms and provisions thereof, and actions required by the City as set forth therein are by reference incorporated in this Ordinance and made applicable to the General Obligation Bonds authorized hereby as though fully set forth herein; and WHEREAS, the Governing Body hereby finds and determines that it is necessary to authorize the issuance and delivery of the Bonds, to prescribe the terms and details thereof, to provide for the levy and collection of an annual tax in order to provide for the payment of the principal of and interest on the Bonds, and to make certain other covenants and agreements with respect thereto; THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF WICHITA, KANSAS: Section 1. Definitions. All capitalized terms and phrases not otherwise defined herein shall have the meanings set forth in the Bond Resolution herein referenced. Section 2. Authorization of and Security for the Bonds. It is hereby authorized, ordered and directed that in order to provide the necessary funds to pay the Improvement Costs, there shall be issued general obligation bonds of the City (the "Bonds"). In all matters relating to the issuance, registration and delivery of the Bonds, the City shall comply with the provisions, requirements and restrictions of K.S.A. 10-101 et seq., as amended and supplemented. The Bonds shall be and constitute valid and legally binding general obligations of the City, and shall be payable as to both the principal of and interest thereon from the collection of special assessment taxes which have been levied against real properties in the City which benefited from the Improvements, and if not so paid, then said principal and interest shall be paid from ad valorem taxes which may be levied without limitation as to rate or amount upon all of the taxable tangible property within the territorial limits of the City. The full faith, credit and resources of the City are hereby irrevocably pledged to secure the prompt payment of the principal of and interest on the Bonds as the same severally become due and payable. Section 3. Terms, Details and Conditions of the Bonds. The Bonds shall be dated and bear interest, shall mature and be payable at such times, shall be in such forms, shall be subject to redemption and payment prior to the maturity thereof, and shall be issued and delivered in the manner prescribed and subject to the provisions, covenants and agreements set forth in a resolution (the "Bond Resolution") hereafter adopted by the Governing Body of the City. In all matters relating to the issuance, registration and delivery of the Bonds, the City will comply with the provisions, requirements and restrictions of K.S.A. 10-101 et seq., as amended and supplemented. Section 4. Levy and Collection of Annual Tax. The Governing Body hereby covenants that it shall annually make provision for the payment of the principal of, premium, if any, and interest on the Bonds as and when the same becomes due and payable by levying and collecting the necessary special assessment taxes upon the real properties within the City liable therefor as provided by law; provided, that if the amounts collected from such special assessment taxes are insufficient to fully pay the maturing principal and interest on the Bonds when due, then the Governing Body shall levy ad valorem taxes upon all of the taxable tangible property located within the territorial limits of the City in such amounts as are necessary to rectify any deficiency in the amount of special assessment taxes collected. Section 5. Tax Covenants. The Governing Body hereby covenants and agrees that so long as any of the Bonds remain outstanding and unpaid, it will not take any action, or fail to take any action in its power, if any such action or the failure to take such action, would adversely affect the continued exclusion from gross income for purposes of Federal income taxation of the interest on the Bonds under Section 103 of the Code, and further covenants to comply with all other provisions of the Code, as the same be amended, and any applicable rules and regulations of the United States Treasury Department thereunder, to the extent applicable to the Bonds. The Governing Body hereby further covenants that it will use and expend the proceeds of the Bonds for the purpose for which they are issued as soon as practicable and with all reasonable dispatch, and that it will not directly or indirectly use or permit the use of the proceeds of the Bonds or any other funds of the City, or take or omit to take any action which, if such use or taking or omission of action had been reasonably expected on the Date of Issuance, would have caused the Bonds to be "arbitrage bonds" within the meaning of Section 103(b)(2) of the Code and that to that end, it will comply with all applicable requirements of Section 148 of the Code and the rules and regulations of the United States Treasury Department thereunder to the extent applicable to the Bonds for so long as any of the Bonds remain outstanding and unpaid. Without limiting the generality of the foregoing, the Governing Body agrees that there shall be paid from time to time, all amounts required to be rebated to the United States of America pursuant to Section 148(f) of the Code, and any temporary, proposed or final Treasury regulations as may be applicable to the Bonds from time to time. This covenant shall survive payment in full or the defeasance of the Bonds and the Governing Body specifically hereby covenants to pay or cause to be paid to the United States of America, at the times and in the amounts determined under this Ordinance and the Bond Resolution, the Rebate Amount as described in the Certificate as to Arbitrage and Related Tax Matters. Section 6. Designation of Paying Agent and Bond Registrar. Pursuant to K.S.A. 10-620 et seq., the Governing Body elects to have the provisions of the Kansas Bond Registration Law apply to the Bonds. The Treasurer of the State of Kansas, Topeka, Kansas, is hereby designated as the initial Paying Agent and Bond Registrar for the Bonds; provided, however, the City reserves the right, in its sole discretion, to designate successor Paying Agents and Bond Registrars with respect to the Bonds upon fifteen (15) days' written notice to the then acting Paying Agent and Bond Registrar. The Mayor and City Clerk are authorized and empowered to execute on behalf of the City all necessary agreements with the initial or any successor Bond Registrar and Paying Agent in connection with such designation. Section 7. Further Authority. The Governing Body hereby authorizes, orders and directs the Mayor to execute, and the City Clerk to attest by signing and affixing the official seal of the City, and thereupon deliver this Ordinance, the Official Statement relating to the offering and sale of the Bonds and the Bonds in accordance with the provisions of the Bond Resolution. The Governing Body hereby further authorizes, orders and directs the Mayor and the City Clerk, or the Director of Finance, as appropriate, or such other officers, officials, agents and employees of the City as the Mayor may designate and direct, to execute and deliver any and all supporting documents and certificates required in the issuance of the Bonds, including final certificates required to be included in the official Transcript of Proceedings relating to the authorization and issuance of the Bonds, all for and on behalf of and as the act and deed of the City and without further action by the Governing Body, such documents to be in substantially the forms thereof as are presented to the Governing Body this date, with such minor corrections or amendments thereto as the Mayor shall approve, which approval shall be evidenced by his execution thereof and the Mayor and City Clerk, or the Director of Finance, as appropriate, or such other officers, officials, agents and employees of the City as the Mayor may designate and direct, are also authorized to execute and deliver such other documents, certificates and instruments as may be necessary or desirable in order to carry out, give effect to and comply with the intent of this Ordinance and to give effect to the transactions contemplated hereby. The execution and attestation of this Ordinance, the Official Statement and such other documents, certificates and instruments as may be necessary or desirable to carry out, give effect to and comply with the intent of this Ordinance, shall be conclusive as to the approval of said documents and each of them. The Governing Body shall, and the officers, agents and employees of the City are hereby authorized and directed to, take such actions, expend such funds and execute such other documents, certificates and instruments as may be necessary or desirable to carry out, give effect to and comply with the provisions of and transactions contemplated by this Ordinance and to carry out, give effect to and comply with and perform the duties of the City with respect to the Bonds and the Official Statement. Section 8. Effective Date. This Ordinance shall be in force and take effect from and after its passage and approval by the Governing Body of the City, and the publication hereof one time in the City's official newspaper. PASSED AND APPROVED by the Governing Body of the City of Wichita, Kansas on July 11, 2006. Carlos Mayans, Mayor Karen Sublett, City Clerk APPROVED AS TO FORM: Gary E. Rebenstorf, Director of Law (Published in The Wichita Eagle on July ___, 2006.) ORDINANCE NO. _______ AN ORDINANCE AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF GENERAL OBLIGATION RENEWAL AND IMPROVEMENT NOTES, SERIES 216, OF THE CITY OF WICHITA, KANSAS, IN THE TOTAL PRINCIPAL AMOUNT OF $54,455,000, FOR THE PURPOSE OF PROVIDING THE NECESSARY FUNDS TO RENEW A PORTION OF THE PRINCIPAL AMOUNT OF TEMPORARY NOTES PREVIOUSLY ISSUED FOR THE INTERIM FINANCING OF COSTS IN CONNECTION WITH PREVIOUSLY COMMENCED CAPITAL IMPROVEMENTS IN THE CITY, AND FOR THE INTERIM FINANCING OF COSTS IN CONNECTION WITH NEWLY COMMENCED CAPITAL IMPROVEMENTS IN THE CITY; PROVIDING FOR THE PAYMENT OF THE PRINCIPAL OF AND INTEREST ON THE NOTES; AND MAKING CERTAIN OTHER COVENANTS AND AGREEMENTS WITH RESPECT TO THE NOTES WHEREAS, the City of Wichita, Kansas (the "City"), is a city of the first class duly created, organized and existing under the laws of the State of Kansas; and WHEREAS, K.S.A. 10-123, as amended and supplemented, provides that if a municipality has approved an improvement which is to be paid for in whole or in part by the issuance of general obligation bonds, the municipality may issue temporary notes for the purpose of financing the costs of the improvements until the issuance of such bonds; and provides further that any municipality may issue renewal temporary notes to pay the costs of redeeming any previously issued temporary notes as they mature when the improvement will not be completed at the maturity date of the notes or when the improvement has been completed but the issuance of such bonds is prevented, hindered or delayed; and WHEREAS, pursuant to and under the authority of various laws of the State of Kansas, the Governing Body of the City has duly taken various actions, including the adoption, and publication where necessary, of resolutions, ordinances and other proceedings as required by said laws, and has authorized and caused to be commenced the construction of those certain capital improvements in the City and has provided that the costs thereof shall be paid, either in whole or in part, by the issuance of general obligation bonds of the City; and WHEREAS, the Governing Body has further heretofore by the taking of the required proceedings therefor, authorized and issued its General Obligation Renewal and Improvement Temporary Notes, Series 215, dated February 9, 2006 (the "Original Notes"), a portion of the proceeds of which were expended for interim financing for costs of the Original Improvements; and WHEREAS, the Original Improvements have not been completed and/or are completed but the issuance of bonds for the permanent financing thereof is prevented, hindered or delayed, and the Governing Body hereby finds and determines that as provided by K.S.A. 10-123, as amended and supplemented, renewal temporary notes should be issued for the purpose of renewing and paying the portion of the principal amount of the Original Notes which was issued for costs of the Original Improvements as aforesaid; and WHEREAS, the Governing Body hereby finds and determines that as provided by K.S.A. 10-123, as amended and supplemented, temporary notes should be issued at this time for the purpose of providing interim financing for the costs of making the Improvements which are newly commenced or for which additional interim financing is now required; and WHEREAS, the Governing Body, pursuant to Resolution No. R-06-____, duly adopted June 20, 2006, advertised for bids at a public sale for $54,455,000 of the City's General Obligation Renewal and Improvement Temporary Notes, Series 216, for the purpose of renewing interim financing for the Original Improvements and providing new interim financing for the Improvements and such public sale has been duly held and the Governing Body has awarded the Notes to the best bidder therefor; and WHEREAS, the Governing Body, on February 27, 1996, adopted Ordinance No. 42-996 establishing a master undertaking to provide ongoing disclosure concerning the City for the benefit of owners of its general obligation temporary notes in compliance with Section (b)(5)(i) of Securities and Exchange Commission Rule 15c2-l2, and said Ordinance No. 42-996, the terms and provisions thereof, and actions required by the City as set forth therein are by reference incorporated in this Ordinance and made applicable to the General Obligation Renewal and Temporary Notes authorized hereby as though fully set forth herein; and WHEREAS, the Governing Body hereby finds and determines that it is necessary to authorize the issuance and delivery of the Notes, to prescribe the terms and details thereof, to provide for the payment of the principal of and interest on the Notes, and to make certain other covenants and agreements with respect thereto; THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF WICHITA, KANSAS: Section 1. Definitions. All capitalized terms and phrases not otherwise defined herein shall have the meanings set forth in the Note Resolution herein referenced. Section 2. Authorization of and Security for the Notes. It is hereby authorized, ordered and directed that in order to provide the necessary funds to renew a portion of the principal amount of the Original Notes (in the sum of $22,513,229), and for the interim financing of the Improvement costs (in the sum of $31,941,771), there shall be issued general obligation renewal and improvement notes of the City (the "Notes"). In all matters relating to the issuance, registration and delivery of the Notes, the City shall comply with the provisions, requirements and restrictions of K.S.A. 10-101 et seq., as amended and supplemented. The Notes shall be and constitute valid and legally binding general obligations of the City, and the full faith, credit and resources of the City are pledged by this Note Ordinance to the payment of the Notes and the interest thereon. The Notes are payable as to both principal and interest from the collection or special assessments taxes which will be levied against real properties in the City benefiting from certain of the Original Improvements and Improvements, and from the proceeds of general obligation bonds which will subsequently be issued by the City for such purpose and/or from current revenues of the City available for such purposes, or the Notes may be payable from the proceeds of renewal temporary notes which the City may in the future issue for such purpose. Section 3. Terms, Details and Conditions of the Notes. The Notes shall be dated and bear interest, shall mature and be payable at such times, shall be in such forms, shall be subject to redemption and payment prior to the maturity thereof, and shall be issued and delivered in the manner prescribed and subject to the provisions, covenants and agreements set forth in a resolution (the "Note Resolution") hereafter adopted by the Governing Body of the City. In all matters relating to the issuance, registration and delivery of the Notes, the City will comply with the provisions, requirements and restrictions of K.S.A. 10-101 et seq., as amended and supplemented. Section 4. Levy and Collection of Annual Tax. The Governing Body hereby covenants that it shall make provision for the payment of the principal of and interest on the Notes on the Maturity Date by the levying and collecting the necessary special assessment taxes upon the real properties within the City liable therefor upon the completion of the Original Improvements and the Improvements, as provided by law; provided, that if the amounts collected from such special assessment taxes are insufficient to fully pay the principal of and interest on the Notes on the Maturity Date, or if any of the Original Improvements or the Improvements are not completed by the Maturity Date or the Governing Body is otherwise hindered from then levying and collecting such special assessment taxes, and for any of the costs of the Original Improvements or the Improvements which are to be paid by the City-at-large, then said Governing Body shall provide for the payment of all or any portion of the principal of and/or interest on the Notes on the Maturity Date by the issuance of renewal temporary notes for that purpose or by the issuance of general obligation bonds of the City, as is warranted by the circumstances then existing; and further provided, that if the amounts collected from such special assessment taxes and/or the proceeds of such renewal temporary notes or general obligation bonds are insufficient to fully pay the maturing principal of and interest on the Notes on the Maturity Date, then said Governing Body shall levy ad valorem taxes upon all of the taxable tangible property located within the territorial limits of the City in such amounts as are necessary to rectify any deficiency in the amounts available for the payment of the Notes. In lieu of issuing renewal temporary notes or general obligation bonds of the City to fund costs of the Original Improvements or the Improvements which are to be paid by the City-at-large, the Governing Body may elect to pay said costs, or any portion thereof, from otherwise unencumbered funds or current revenues of the City which are lawfully available for such purpose. Section 5. Tax Covenants. The Governing Body hereby covenants and agrees that so long as any of the Notes remain outstanding and unpaid, it will not take any action, or fail to take any action in its power, if any such action or the failure to take such action, would adversely affect the continued exclusion from gross income for purposes of Federal income taxation of the interest on the Notes under Section 103 of the Code, and further covenants to comply with all other provisions of the Code, as the same be amended, and any applicable rules and regulations of the United States Treasury Department thereunder, to the extent applicable to the Notes. The Governing Body hereby further covenants that it will use and expend the proceeds of the Notes for the purpose for which they are issued as soon as practicable and with all reasonable dispatch, and that it will not directly or indirectly use or permit the use of the proceeds of the Notes or any other funds of the City, or take or omit to take any action which, if such use or taking or omission of action had been reasonably expected on the Date of Issuance, would have caused the Notes to be "arbitrage bonds" within the meaning of Section 103(b)(2) of the Code and that to that end, it will comply with all applicable requirements of Section 148 of the Code and the rules and regulations of the United States Treasury Department thereunder to the extent applicable to the Notes for so long as any of the Notes remain outstanding and unpaid. Without limiting the generality of the foregoing, the Governing Body agrees that there shall be paid from time to time, all amounts required to be rebated to the United States of America pursuant to Section 148(f) of the Code, and any temporary, proposed or final Treasury regulations as may be applicable to the Notes from time to time. This covenant shall survive payment in full or the defeasance of the Notes and the Governing Body specifically hereby covenants to pay or cause to be paid to the United States of America, at the times and in the amounts determined under this Ordinance and the Note Resolution, the Rebate Amount as described in the Certificate as to Arbitrage and Related Tax Matters. Section 6. Designation of Paying Agent and Note Registrar. Pursuant to K.S.A. 10-620 et seq., the Governing Body elects to have the provisions of the Kansas Bond Registration Law apply to the Notes. So long as the Notes remain issued in book-entry-only form, the City shall act as Note Registrar, through the Office of the City Clerk and shall act as Paying Agent through the Department of Finance, and shall make payment directly to DTC, as the Owner, for the principal of and interest on the Notes, and DTC will remit such principal and interest to its Direct Participants for the distribution to the beneficial owners in the manner set forth in Section 2.04(A) of the Note Resolution and as governed by the terms of the Letter of Representation. In the event the Notes should be issued and delivered in certificated form at any time after the initial delivery of the Notes, the City hereby designates and appoints the Treasurer of the State of Kansas, Topeka, Kansas (herein sometimes referred to as the "Fiscal Agent"), as the initial Paying Agent and Note Registrar for the Notes, and the Mayor and City Clerk are authorized and empowered to execute on behalf of the City all necessary agreements with the Fiscal Agent to effectuate this designation. The Fiscal Agent shall maintain Registration Books on behalf of the City. Section 7. Further Authority. The Governing Body hereby authorizes, orders and directs the Mayor to execute, and the City Clerk to attest by signing and affixing the official seal of the City, and thereupon deliver this Ordinance, the Official Statement relating to the offering and sale of the Notes and the Notes in accordance with the provisions of the Note Resolution. The Governing Body hereby further authorizes, orders and directs the City Clerk of the City to countersign the Notes and the Mayor and the City Clerk, or the Director of Finance, as appropriate, or such other officers, officials, agents and employees of the City as the Mayor may designate and direct, to execute and deliver any and all supporting documents and certificates required in the issuance of the Notes, including final certificates required to be included in the official Transcript of Proceedings relating to the authorization and issuance of the Notes, all for and on behalf of and as the act and deed of the City and without further action by the Governing Body, such documents to be in substantially the forms thereof as are presented to the Governing Body this date, with such minor corrections or amendments thereto as the Mayor shall approve, which approval shall be evidenced by his execution thereof and the Mayor and City Clerk, or the Director of Finance, as appropriate, or such other officers, officials, agents and employees of the City as the Mayor may designate and direct, are also authorized to execute and deliver such other documents, certificates and instruments as may be necessary or desirable in order to carry out, give effect to and comply with the intent of this Ordinance and to give effect to the transactions contemplated hereby. The execution and attestation of this Ordinance, the Official Statement and such other documents, certificates and instruments as may be necessary or desirable to carry out, give effect to and comply with the intent of this Ordinance, shall be conclusive as to the approval of said documents and each of them. The Governing Body shall, and the officers, agents and employees of the City are hereby authorized and directed to, take such actions, expend such funds and execute such other documents, certificates and instruments as may be necessary or desirable to carry out, give effect to and comply with the provisions of and transactions contemplated by this Ordinance and to carry out, give effect to and comply with and perform the duties of the City with respect to the Notes and the Official Statement. Section 8. Effective Date. This Ordinance shall be in force and take effect from and after its passage and approval by the Governing Body of the City, and the publication hereof one time in the City's official newspaper. PASSED AND APPROVED by the Governing Body of the City of Wichita, Kansas on July 11, 2006. Carlos Mayans, Mayor Karen Sublett, City Clerk APPROVED AS TO FORM: Gary E. Rebenstorf, Director of Law (Published in The Wichita Eagle on July ___, 2006.) ORDINANCE NO. _______ AN ORDINANCE AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF GENERAL OBLIGATION RENEWAL TEMPORARY NOTES, SERIES 217 (TAXABLE UNDER FEDERAL LAW), OF THE CITY OF WICHITA, KANSAS, IN THE TOTAL PRINCIPAL AMOUNT OF $4,390,000, FOR THE PURPOSE OF PROVIDING THE NECESSARY FUNDS TO RENEW A PORTION OF THE PRINCIPAL AMOUNT OF TEMPORARY NOTES PREVIOUSLY ISSUED FOR THE INTERIM FINANCING OF COSTS IN CONNECTION WITH PREVIOUSLY COMMENCED CAPITAL IMPROVEMENTS IN THE CITY; PROVIDING FOR THE PAYMENT OF THE PRINCIPAL OF AND INTEREST ON THE NOTES; AND MAKING CERTAIN OTHER COVENANTS AND AGREEMENTS WITH RESPECT TO THE NOTES WHEREAS, the City of Wichita, Kansas (the "City"), is a city of the first class duly created, organized and existing under the laws of the State of Kansas; and WHEREAS, K.S.A. 10-123, as amended and supplemented, provides that if a municipality has approved an improvement which is to be paid for in whole or in part by the issuance of general obligation bonds, the municipality may issue temporary notes for the purpose of financing the costs of the improvements until the issuance of such bonds; and provides further that any municipality may issue renewal temporary notes to pay the costs of redeeming any previously issued temporary notes as they mature when the improvement will not be completed at the maturity date of the notes or when the improvement has been completed but the issuance of such bonds is prevented, hindered or delayed; and WHEREAS, pursuant to and under the authority of various laws of the State of Kansas, the Governing Body of the City has duly taken various actions, including the adoption, and publication where necessary, of resolutions, ordinances and other proceedings as required by said laws, and has authorized and caused to be commenced the construction of those certain capital improvements in the City and has provided that the costs thereof shall be paid, either in whole or in part, by the issuance of general obligation bonds of the City; and WHEREAS, the Governing Body has further heretofore by the taking of the required proceedings therefor, authorized and issued its General Obligation Renewal and Improvement Temporary Notes, Series 215, dated February 9, 2006 (the "Original Notes"), a portion of the proceeds of which were expended for interim financing for costs of the Original Improvements; and WHEREAS, the Original Improvements have not been completed and/or are completed but the issuance of bonds for the permanent financing thereof is prevented, hindered or delayed, and the Governing Body hereby finds and determines that as provided by K.S.A. 10-123, as amended and supplemented, renewal temporary notes should be issued for the purpose of renewing and paying the portion of the principal amount of the Original Notes which was issued for costs of the Original Improvements as aforesaid; and WHEREAS, the Governing Body, pursuant to Resolution No. R-06-____, duly adopted June 20, 2006, advertised for bids at a public sale for $4,390,000 of the City's General Obligation Renewal Temporary Notes, Series 217 (Taxable Under Federal Law), for the purpose of renewing interim financing for the Original Improvements and such public sale has been duly held and the Governing Body has awarded the Notes to the best bidder therefor; and WHEREAS, the Governing Body, on February 27, 1996, adopted Ordinance No. 42-996 establishing a master undertaking to provide ongoing disclosure concerning the City for the benefit of owners of its general obligation temporary notes in compliance with Section (b)(5)(i) of Securities and Exchange Commission Rule 15c2-l2, and said Ordinance No. 42-996, the terms and provisions thereof, and actions required by the City as set forth therein are by reference incorporated in this Ordinance and made applicable to the General Obligation Renewal Temporary Notes authorized hereby as though fully set forth herein; and WHEREAS, the Governing Body hereby finds and determines that it is necessary to authorize the issuance and delivery of the Notes, to prescribe the terms and details thereof, to provide for the payment of the principal of and interest on the Notes, and to make certain other covenants and agreements with respect thereto; THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF WICHITA, KANSAS: Section 1. Definitions. All capitalized terms and phrases not otherwise defined herein shall have the meanings set forth in the Note Resolution herein referenced. Section 2. Authorization of and Security for the Notes. It is hereby authorized, ordered and directed that in order to provide the necessary funds to renew a portion of the principal amount of the Original Notes (in the sum of $4,390,000), there shall be issued general obligation renewal temporary notes of the City (the "Notes"). In all matters relating to the issuance, registration and delivery of the Notes, the City shall comply with the provisions, requirements and restrictions of K.S.A. 10-101 et seq., as amended and supplemented. The Notes shall be and constitute valid and legally binding general obligations of the City, and the full faith, credit and resources of the City are pledged by this Note Ordinance to the payment of the Notes and the interest thereon. The Notes are payable as to both principal and interest from the proceeds of general obligation bonds which will subsequently be issued by the City for such purpose and/or from current revenues of the City available for such purposes, or the Notes may be payable from the proceeds of renewal temporary notes which the City may in the future issue for such purpose. It is further anticipated that the Notes will be payable from tax increment revenues generated from a certain tax increment district within the City. Section 3. Terms, Details and Conditions of the Notes. The Notes shall be dated and bear interest, shall mature and be payable at such times, shall be in such forms, shall be subject to redemption and payment prior to the maturity thereof, and shall be issued and delivered in the manner prescribed and subject to the provisions, covenants and agreements set forth in a resolution (the "Note Resolution") hereafter adopted by the Governing Body of the City. In all matters relating to the issuance, registration and delivery of the Notes, the City will comply with the provisions, requirements and restrictions of K.S.A. 10-101 et seq., as amended and supplemented. Section 4. Levy and Collection of Annual Tax. The Governing Body hereby covenants to provide for the payment of all or any portion of the principal of and/or interest on the Notes on the Maturity Date by the issuance of renewal temporary notes for that purpose or by the issuance of general obligation bonds of the City, as is warranted by the circumstances then existing; and further provided, that if the proceeds of such renewal temporary notes or general obligation bonds are insufficient to fully pay the maturing principal of and interest on the Notes on the Maturity Date, then said Governing Body shall levy ad valorem taxes upon all of the taxable tangible property located within the territorial limits of the City in such amounts as are necessary to rectify any deficiency in the amounts available for the payment of the Notes. Section 5. Designation of Paying Agent and Note Registrar. Pursuant to K.S.A. 10-620 et seq., the Governing Body elects to have the provisions of the Kansas Bond Registration Law apply to the Notes. So long as the Notes remain issued in book-entry-only form, the City shall act as Note Registrar, through the Office of the City Clerk and shall act as Paying Agent through the Department of Finance, and shall make payment directly to DTC, as the Owner, for the principal of and interest on the Notes, and DTC will remit such principal and interest to its Direct Participants for the distribution to the beneficial owners in the manner set forth in Section 2.04(A) of the Note Resolution and as governed by the terms of the Letter of Representation. In the event the Notes should be issued and delivered in certificated form at any time after the initial delivery of the Notes, the City hereby designates and appoints the Treasurer of the State of Kansas, Topeka, Kansas (herein sometimes referred to as the "Fiscal Agent"), as the initial Paying Agent and Note Registrar for the Notes, and the Mayor and City Clerk are authorized and empowered to execute on behalf of the City all necessary agreements with the Fiscal Agent to effectuate this designation. The Fiscal Agent shall maintain Registration Books on behalf of the City. Section 6. Further Authority. The Governing Body hereby authorizes orders and directs the Mayor to execute, and the City Clerk to attest by signing and affixing the official seal of the City, and thereupon deliver this Ordinance, the Official Statement relating to the offering and sale of the Notes and the Notes in accordance with the provisions of the Note Resolution. The Governing Body hereby further authorizes, orders and directs the City Clerk of the City to countersign the Notes and the Mayor and the City Clerk, or the Director of Finance, as appropriate, or such other officers, officials, agents and employees of the City as the Mayor may designate and direct, to execute and deliver any and all supporting documents and certificates required in the issuance of the Notes, including final certificates required to be included in the official Transcript of Proceedings relating to the authorization and issuance of the Notes, all for and on behalf of and as the act and deed of the City and without further action by the Governing Body, such documents to be in substantially the forms thereof as are presented to the Governing Body this date, with such minor corrections or amendments thereto as the Mayor shall approve, which approval shall be evidenced by his execution thereof and the Mayor and City Clerk, or the Director of Finance, as appropriate, or such other officers, officials, agents and employees of the City as the Mayor may designate and direct, are also authorized to execute and deliver such other documents, certificates and instruments as may be necessary or desirable in order to carry out, give effect to and comply with the intent of this Ordinance and to give effect to the transactions contemplated hereby. The execution and attestation of this Ordinance, the Official Statement and such other documents, certificates and instruments as may be necessary or desirable to carry out, give effect to and comply with the intent of this Ordinance, shall be conclusive as to the approval of said documents and each of them. The Governing Body shall, and the officers, agents and employees of the City are hereby authorized and directed to, take such actions, expend such funds and execute such other documents, certificates and instruments as may be necessary or desirable to carry out, give effect to and comply with the provisions of and transactions contemplated by this Ordinance and to carry out, give effect to and comply with and perform the duties of the City with respect to the Notes and the Official Statement. Section 7. Effective Date. This Ordinance shall be in force and take effect from and after its passage and approval by the Governing Body of the City, and the publication hereof one time in the City's official newspaper. PASSED AND APPROVED by the Governing Body of the City of Wichita, Kansas, on July 11, 2006. Carlos Mayans, Mayor Karen Sublett, City Clerk APPROVED AS TO FORM: Gary E. Rebenstorf, Director of Law RESOLUTION NO. 06-___ OD THE CITY OF WICHITA, KANSAS AS ADOPTED JULY 11, 2006, AUTHORIZING THE ISSUANCE OF $54,455,000 GENERAL OBLIGATION RENEWAL AND IMPROVEMENT TEMPORARY NOTES SERIES 216 DATED AS OF AUGUST 10, 2006 TABLE OF CONTENTS Title 1 Recitals 1 ARTICLE I DEFINITIONS Section 1.01 Definitions of Words and Terms 2 ARTICLE II AUTHORIZATION, ISSUANCE AND DELIVERY OF NOTES Section 2.01 Authorization of and Security for Notes 8 Section 2.02 Description and Details of Notes 9 Section 2.03 Designation of Paying Agent and Note Registrar 10 Section 2.04 Method and Place of Payment of Principal and Interest on Notes 10 Section 2.05 Method of Execution and Authentication of Notes 11 Section 2.06 Payment of Costs of Notes 11 Section 2.07 Form of Notes 12 Section 2.08 Registration, Transfer and Exchange of Notes 12 Section 2.09 Mutilated, Lost, Stolen or Destroyed Notes 13 Section 2.10 Surrender and Cancellation of Notes 13 Section 2.11 Execution and Delivery of Notes 13 Section 2.12 Official Statement 13 ARTICLE III FUNDS AND ACCOUNTS Section 3.01 Creation of Funds and Accounts 14 Section 3.02 Administration of Funds and Accounts 14 ARTICLE IV APPLICATION OF NOTE PROCEEDS; DISPOSITION OF MONEYS IN FUNDS AND ACCOUNTS Section 4.01 Application of Note Proceeds 14 Section 4.02 Disposition of Principal and Interest Account 14 Section 4.03 Withdrawals from Principal and Interest Account; Transfer of Funds to Fiscal Agent 15 Section 4.04 Surplus in Principal and Interest Account 15 Section 4.05 Disposition of Redemption Fund 15 Section 4.06 Disposition of Improvement Account 15 Section 4.07 Withdrawals from Improvement Account 16 Section 4.08 Surplus in Improvement Account 16 ARTICLE V DEPOSITS AND INVESTMENT OF MONEYS Section 5.01 Deposits 16 Section 5.02 Investments 16 Section 5.03 Deposits Into and Application of Moneys in Excess Earnings Account 17 ARTICLE VI PROVISION FOR PAYMENT OF NOTES Section 6.01 Levy and Collection of Annual Taxes 18 Section 6.02 Disposition of Taxes; Untimely Receipt 18 ARTICLE VII DEFAULT AND REMEDIES Section 7.01 Resolution Constitutes Contract; Remedies of Owners 18 Section 7.02 Rights of Owners; Limitations 19 Section 7.03 Remedies Cumulative; Delay or Omission Not Waiver 19 ARTICLE VIII AMENDMENTS Section 8.01 Amendments 20 Section 8.02 Written Evidence of Amendments 21 ARTICLE IX DEFEASANCE Section 9.01 Defeasance 21 ARTICLE X MISCELLANEOUS PROVISIONS Section 10.01 Tax Covenants 22 Section 10.02 Severability 22 Section 10.03 Further Authority 23 Section 10.04 Governing Law 23 Section 10.05 Effective Date 23 Signatures 24 Schedule I: The Improvements RESOLUTION NO. 06-___ A RESOLUTION PROVIDING FOR THE ISSUANCE OF GENERAL OBLIGATION RENEWAL AND IMPROVEMENT TEMPORARY NOTES, SERIES 216, OF THE CITY OF WICHITA, KANSAS, IN THE TOTAL PRINCIPAL AMOUNT OF $54,455,000, FOR THE PURPOSE OF PROVIDING THE NECESSARY FUNDS TO RENEW A PORTION OF THE PRINCIPAL AMOUNT OF TEMPORARY NOTES PREVIOUSLY ISSUED FOR THE INTERIM FINANCING OF COSTS IN CONNECTION WITH PREVIOUSLY COMMENCED CAPITAL IMPROVEMENTS IN THE CITY, AND FOR THE INTERIM FINANCING OF COSTS IN CONNECTION WITH NEWLY COMMENCED CAPITAL IMPROVEMENTS IN THE CITY; PRESCRIBING THE TERMS AND DETAILS OF THE NOTES; PROVIDING FOR THE PAYMENT OF THE PRINCIPAL OF AND THE INTEREST ON THE NOTES, AND MAKING CERTAIN OTHER COVENANTS AND AGREEMENTS WITH RESPECT TO THE NOTES. WHEREAS, the Governing Body of the City of Wichita, Kansas (the "City"), pursuant to Ordinance No. ___________ duly passed July 11, 2006 (the "Note Ordinance"), has authorized the issuance of the Notes in the aggregate principal amount of $54,455,000 and provided for the levy and collection of an annual tax for the purpose of providing for the payment of the principal of and interest on the Notes; and WHEREAS, pursuant to and under the authority of various laws of the State of Kansas, the Governing Body of the City has duly taken various actions, including the adoption, and publication where necessary, of resolutions, ordinances and other proceedings as required by said laws, and has authorized and caused to be commenced the construction of those certain capital improvements in the City described in Schedule I which is attached to this Resolution and made a part hereof by reference as though fully set forth herein (which capital improvements as listed on Schedule I are herein collectively referred to as the "Original Improvements"), and of those certain capital improvements in the City described in Schedule II which is attached to this Resolution and made a part hereof by reference as though fully set forth herein (which capital improvements as listed on Schedule I are herein collectively referred to as the "Improvements") and has provided that the costs thereof shall be paid, either in whole or in part, by the issuance of general obligation bonds of the City; and WHEREAS, those Improvements constituting building facades are hereby found and determined to be municipal improvements necessary to prevent or alleviate blight and/or preserve historic neighborhoods; and WHEREAS, the Governing Body has further heretofore by the taking of the required proceedings therefor, authorized and issued its General Obligation Renewal and Improvement Temporary Notes, Series 215, dated February 9, 2006 (the "Original Notes"), a portion of the proceeds of which were expended for interim financing for costs of the Original Improvements; and WHEREAS, the Original Improvements have not been completed and/or are completed but the issuance of bonds for the permanent financing thereof is prevented, hindered or delayed, and the Governing Body hereby finds and determines that as provided by K.S.A. 10-123, as amended and supplemented, renewal temporary notes should be issued for the purpose of renewing and paying the portion of the principal amount of the Original Notes which was issued for costs of the Original Improvements as aforesaid; and WHEREAS, the Governing Body hereby finds and determines that as provided by K.S.A. 10-123, as amended and supplemented, temporary notes should be issued at this time for the purpose of providing interim financing for the costs of making the Improvements which are newly commenced or for which additional interim financing is now required; and WHEREAS, in accordance with the provisions of the Note Ordinance, the Governing Body hereby finds and determines that it is necessary to prescribe the terms and details of the Notes pursuant to this Resolution, and to make certain other covenants and agreements with respect thereto; THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF WICHITA, KANSAS: ARTICLE I DEFINITIONS Section 1.01 Definitions of Words and Terms. In addition to words and terms elsewhere defined in this Resolution, the following words and terms as used herein, whether or not the words have initial capitals, shall have the following meanings unless the context or use indicates another or different meaning or intent, and such definitions shall be equally applicable to both the singular and plural forms of any of the words and terms herein defined: "Act" shall mean the Constitution of the State of Kansas (including particularly Article 12, Section 5 thereof), Ordinance No. 46-632 of the City, Ordinance No. 46-656 of the City, Charter Ordinance No. 156 of the City, K.S.A. 10-101 et seq., K.S.A. 10-123, K.S.A. 12-6a01 et seq., K.S.A. 12-110c, K.S.A. 12-685 et seq., K.S.A. 12-1770 et seq., and K.S.A. 13-1024c, all as amended and supplemented, under the authority of which ordinances and statutes the Original Improvements and the Improvements are authorized, the Original Notes were issued and the Notes are issued. "Authentication Date" shall mean the date on which a Note is registered and authenticated by the Fiscal Agent as shown on a Certificate of Authentication printed on the Note. "Authorized Investments" shall mean any of the following securities, and to the extent the same are at the time permitted for investment of funds held by the City pursuant to this Resolution: (A) For all purposes, including as defeasance investments in refunding escrow accounts: (1) Cash (insured at all times by the Federal Deposit Insurance Corporation or otherwise collateralized with obligations described in the following paragraph (2)), or (2) Direct obligations of (including obligations issued or held in book entry form on the books of) the Department of the Treasury of the United States of America; and (B) For all purposes other than defeasance investments in refunding escrow accounts: (1) Obligations of any of the following Federal agencies which obligations represent the full faith and credit of the United States of America, including: -- Export - Import Bank -- Farmers Home Administration -- General Services Administration -- U. S. Maritime Administration -- Small Business Administration -- Government National Mortgage Association (GNMA) -- U. S. Department of Housing & Urban Development (PHA's) -- Federal Housing Administration; (2) Bonds, notes or other evidences of indebtedness rated "AA" by Standard & Poor's, a Division of the McGraw-Hill Companies ("S&P") and "Aa2" by Moody's Investor Services ("Moody's") issued by the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation with remaining maturities not exceeding four years; (3) Investments in shares or units of a money market fund or trust, the portfolio of which is comprised entirely of securities in direct obligations of the United States Government or any agency thereof or obligations of the Federal National Mortgage Association, Federal Home Loan Banks or Federal Home Loan Mortgage Corporation; (4) Pre-refunded Municipal Obligations defined as follows: Any bonds or other obligations of the State of Kansas or of any agency, instrumentality or local governmental unit of such State which are not callable at the option of the obligor prior to maturity or as to which irrevocable instructions have been given by the obligor to call on the date specified in the notice; and (A) which are rated, based on an irrevocable escrow account or fund (the "escrow"), in the highest rating category of S&P and Moody's, or any successors thereto; or (B) (i) which are fully secured as to principal and interest and redemption premium, if any, by an escrow consisting only of cash or obligations described in paragraph (1) above, which escrow may be applied only to the payment of such principal of and interest and redemption premium, if any, on such bonds or other obligations on the maturity date or dates thereof or the specified redemption date or dates pursuant to such irrevocable instructions, as appropriate, and (ii) which escrow is sufficient, as verified by a nationally recognized independent certified public accountant, to pay principal of and interest and redemption premium, if any, on the bonds or other obligations described in this paragraph on the maturity date or dates thereof or on the redemption date or dates specified in the irrevocable instructions referred to above, as appropriate; (5) Investment agreements with or other obligations of a financial institution the obligations of which at the time of investment are rated in any of the three highest rating categories by Moody's or S&P; (6) Repurchase agreements secured by direct obligations of the United States Government or any agency thereof or obligations of the Federal National Mortgage Association, Federal Home Loan Banks or Federal Home Loan Mortgage Corporation; and (7) Receipts evidencing ownership interests in securities or portions thereof in direct obligations of the United States Government or any agency thereof or obligations of the Federal National Mortgage Association, Federal Home Loan Banks or Federal Home Loan Mortgage Corporation. (C) The value of the above investments shall be determined as of the end of each month. (See the definition of "Value" herein.) "Bond Counsel" shall mean Kutak Rock LLP, Kansas City, Missouri, or any other attorney or firm of attorneys whose expertise in matters relating to the issuance of obligations by states and their political subdivisions is nationally recognized and acceptable to the City. "Certificate as to Arbitrage and Related Tax Matters" shall mean the Certificate as to Arbitrage and Related Tax Matters, dated as of and delivered on the Date of Issuance, executed by the City, relating to certain matters within the scope of Section 148 of the Code, as the same may be amended or supplemented in accordance with its terms. "City" shall mean the City of Wichita, Kansas. "City Clerk" shall mean the duly appointed and acting City Clerk of the City, or in the City Clerk's absence (or in the event of a vacancy in such office) any Deputy City Clerk or Acting City Clerk of the City. "Code" shall mean the Internal Revenue Code of 1986, as amended, or such other general Federal tax code as shall be adopted by the United States Congress in substitution therefor, together with regulations promulgated thereunder by the United States Department of the Treasury. "Costs of Issuance" shall mean any and all expenses of whatever nature incurred in connection with the issuance and sale of the Notes, including, but not limited to, publication, printing, signing and mailing expenses, registration fees, fees and expenses of the Fiscal Agent, fees and expenses of Bond Counsel and other legal counsel, expenses incurred in connection with determining the Yield on the Notes or investment of the proceeds of the Notes, and in connection with receiving municipal bond insurance and/or ratings on the Notes. An amount for Costs of Issuance has been factored into the total final cost of each capital improvement comprising the Original Improvements and the Improvements. "Date of Issuance" shall mean the date on which the Notes are delivered to the Original Purchaser and the City receives from the Original Purchaser the full purchase price therefor. "Dated Date" shall mean the dated date of the Notes which is August 10, 2006. "Debt Service" shall mean the scheduled amount of interest and maturing principal payable on the Notes for a single Bond Year, as described in the Code. "Direct Participants" shall have the meaning set forth in and defined by the Letter of Representation. "Director of Finance" shall mean the duly appointed and acting Director of Finance of the City, or in the Director of Finance's absence, the duly appointed Assistant Director of Finance or Acting Director of Finance of the City. "DTC" shall mean The Depository Trust Company and its successors or assigns. "Excess Earnings Account" shall mean the Excess Earnings Account created pursuant to Article III hereof. "Fiscal Agent" shall mean the State Treasurer of Kansas, and its successors and assigns. "Fiscal Year" shall mean the fiscal year of the City, currently being the 12-months ending each December 31. "Governing Body" shall mean the duly elected and/or appointed and acting persons comprising the City Council of the City. "Government Obligations" means (i) cash (insured at all times by the Federal Deposit Insurance Corporation or otherwise collateralized with obligations described in the following phrase (ii)), or (ii) direct obligations of the United States of America (including obligations issued or held in book-entry form on the books of (the Department of the Treasury of the United States of America). "Improvement Account" shall mean the Improvement Account for the Improvements created by Article III hereof. "Improvement Costs" shall mean the amount of capital expenditures for an Original Improvement and/or Improvement, including interest during construction, which has been authorized to be paid by the City by an ordinance or resolution of the City, including expenditures made to redeem outstanding notes issued to pay for such improvement and Costs of Issuance of the Notes, less (a) the amount of any notes or bonds of the City which are currently outstanding and available to pay such Improvement Costs and (b) any Improvement Costs which have been previously paid by the City or by any eligible source of funds unless such amounts are entitled to be reimbursed under State and Federal law. "Improvements" shall mean the newly commenced capital improvements constructed in the City as described on Schedule II hereto. "Indirect Participants" shall have the meaning set forth in and defined by the Letter of Representation. "Interest Payment Dates" shall be February 8, 2007. "Letter of Representation" shall mean that certain Letter of Representation between the City and DTC with respect to the Notes. "Mayor" shall mean the duly elected and acting Mayor of the City or in the Mayor's absence, the duly appointed and/or elected Vice Mayor or Acting Mayor of the City. "Note Ordinance" shall mean Ordinance No. ________ of the City, passed by the Governing Body on July 11, 2006, and authorizing and providing for the issuance of the Notes. "Note Registrar" shall mean the City, or such other entity maintaining Registration Books on behalf of the City as set forth in Section 2.03 hereof, and its successors and assigns. "Noteowner(s)" shall mean the Owner(s) of the Notes. "Notes" shall mean the $54,455,000 original principal amount of General Obligation Renewal and Improvement Temporary Notes, Series 216, dated as of August 10, 2006, of the City of Wichita, Kansas, which are authorized by and will be issued pursuant to the authority of the Note Ordinance and this Resolution. "Original Notes" means the notes previously issued by the City described in the preamble to this Resolution. "Original Proceeds" shall mean all of the proceeds, including accrued interest, derived from the sale of the Notes to the Original Purchaser. "Original Purchaser" shall mean _____________________, _______, _______. "Outstanding," when used with reference to the Notes, shall mean, as of a particular date, all Notes theretofore authenticated and delivered under this Resolution, except (i) Notes theretofore canceled by the Paying Agent or delivered to the Paying Agent for cancellation, (ii) Notes for which moneys for payment or Government Obligations (the principal of and the interest on which Government Obligations, if any, when due, provide sufficient moneys to pay, with such other moneys so deposited with the Paying Agent, the principal of and interest on the Notes being paid), or both, in the necessary amount have theretofore been deposited with the Paying Agent, or other depository as provided in this Resolution, in trust for the Owners thereof (whether upon or prior to the Maturity Date of the Notes), and (iii) Notes in exchange for or in lieu of which other Notes have been authenticated and delivered pursuant to this Resolution. "Owner(s)" or "Registered Owner(s)" shall mean, when used with respect to any Note, the person or entity in whose name the Note is registered as shown on the Registration Books maintained on behalf of the City. "Participants" shall have the meaning set forth in and defined by the Letter of Representation. "Paying Agent" shall mean the City, or such other entity acting on behalf of the City as Paying Agent for the Notes as set forth in Section 2.03 hereof, and its successors and assigns. "Principal and Interest Account" shall mean the Principal and Interest Account created within the City's Capital Project Fund pursuant to Article III hereof, which is created and shall be held and administered solely for the purpose of receiving and disbursing funds for the payment of the Notes. "Principal Payment Date" shall mean the Maturity Date. "Purchase Price" shall mean the purchase price paid by the Original Purchaser to the City for the Notes and is calculated as being the par value of the Notes, plus accrued interest from the Dated Date to the Date of Issuance, plus any premium. "Record Date" shall mean February 1, 2007. "Redemption Fund" shall mean the Series 215 Principal and Interest Account previously created within the City's Capital Project Fund for the purpose of receiving and disbursing funds for the payment of the Original Notes. "Registration Books" shall mean the books maintained on behalf of the City by the Note Registrar for the registration and transfer from time to time of the ownership of the Notes. "Resolution" or "Note Resolution" shall mean this Resolution No. R-06-____, adopted by the Governing Body of the City on July 11, 2006, prescribing the terms and details of the Notes. "State" shall mean the State of Kansas. "Value" shall mean the value of the Authorized Investments (which Value shall be determined as of the end of each month), calculated as follows: (A) As to investments the bid and asked prices of which are published on a regular basis in The Wall Street Journal (or, if not there, then in The New York Times) -- the average of the bid and asked prices for such investments so published on or most recently prior to such time of determination, (B) As to investments the bid and asked prices of which are not published on a regular basis in The Wall Street Journal or in The New York Times -- the average bid price at such time of determination for such investments by any two nationally recognized government securities dealers (selected by the City in its absolute discretion) at the time making a market in such investments or the bid price published by a nationally recognized pricing service, and (C) As to certificates of deposit and bankers acceptances - the face amount thereof, plus accrued interest. ARTICLE II AUTHORIZATION, ISSUANCE AND DELIVERY OF NOTES Section 2.01 Authorization of and Security for Notes. Pursuant to the Note Ordinance, the Governing Body has authorized, ordered and directed that in order to provide the necessary funds to renew a portion of the principal amount of the Original Notes (in the sum of $22,513,229), and for the interim financing of the Improvement costs (in the sum of $31,941,771), there shall be issued general obligation renewal and improvement temporary notes of the City (the "Notes"). In all matters relating to the issuance, registration and delivery of the Notes, the City shall comply with the provisions, requirements and restrictions of K.S.A. 10-101 et seq., as amended and supplemented. The Notes shall be and constitute valid and legally binding general obligations of the City, and the full faith, credit and resources of the City are pledged by the Note Ordinance and this Note Resolution to the payment of the Notes and the interest thereon. The Notes are payable as to both principal and interest from the collection or special assessment taxes which will be levied against real properties in the City benefiting from certain of the Original Improvements and Improvements, and from the proceeds of general obligation bonds which will subsequently be issued by the City for such purpose and/or from current revenues of the City available for such purposes, or the Notes may be payable from the proceeds of renewal temporary notes which the City may in the future issue for such purpose. Section 2.02 Description and Details of Notes. The Notes shall be issued in the total principal amount of $54,455,000, and shall be designated "City of Wichita, Kansas, General Obligation Renewal and Improvement Temporary Notes, Series 216." The Notes shall be issued in denominations of $5,000, or integral multiples thereof not exceeding the principal amount of the Notes. The Notes shall be dated as of August 10, 2006 (the "Dated Date"), shall mature on February 8, 2007 (the "Maturity Date" or the "Principal Payment Date"), and shall bear interest at the rate of ______% per annum (computed on the basis of a 360-day year of twelve 30-day months). The Notes shall bear interest from their Dated Date and such interest shall become due and payable on the Interest Payment Date. The Notes shall not be subject to call for redemption and payment prior to the Maturity Date. The Notes will initially be distributed in book-entry-only form through DTC, by depositing with DTC one certificate, registered in the name of DTC's nominee, Cede & Co., in an amount equal to the total principal amount of the Notes. The manner of payment of the principal of and the interest on the Notes to DTC, and other matters relating to the distribution of the Notes in book-entry-only form through DTC, shall be governed by the Letter of Representation, which the Director of Finance is hereby authorized to execute and deliver on behalf of the City. Subject to the operational arrangements of DTC, in the event (i) DTC determines not to continue to act as securities depository for the Notes, or (ii) the City determines that continuation of the book-entry-only system of evidence and transfer of ownership of the Notes would adversely affect the interests of the beneficial owners of the Notes, the City will discontinue the book-entry-only system with DTC. If the City fails to identify another qualified securities depository to replace DTC, the City will cause replacement Notes in the form of fully registered certificates to be authenticated and delivered to the beneficial owners (to the extent such beneficial owners can be identified by the City). If issued in certificated form, the certificates representing the Notes shall be numbered in such manner as the Fiscal Agent shall determine. Section 2.03 Designation of Paying Agent and Note Registrar. Pursuant to K.S.A. 10-620 et seq., the Governing Body has elected to have the provisions of the Kansas Bond Registration Law apply to the Notes. So long as the Notes remain in book-entry-only form, the City shall act as the Note Registrar, through the Office of the City Clerk and shall act as Paying Agent through the Department of Finance, and shall make payment directly to DTC, as the Owner, for the principal of and the interest on the Notes and DTC will remit such principal and interest to its Direct Participants for distribution to the beneficial owners in the manner set forth in the following Section 2.04(A) and as governed by the terms of the Letter of Representation. In the event that the Notes should be issued and delivered in certificated form at any time after the initial delivery of the Notes, the City has designated and appointed the Kansas State Treasurer, Topeka, Kansas (herein sometimes referred to as the "Fiscal Agent"), as Note Registrar and Paying Agent for the Notes and the Mayor and City Clerk, or such other officer of the City as may be directed by the Mayor, are authorized to execute on behalf of the City any necessary agreements with the Fiscal Agent to effectuate this designation. The Fiscal Agent shall maintain Registration Books for the ownership of the Notes on behalf of the City. Section 2.04 Method and Place of Payment of Principal and Interest on Notes. (A) Notes Issued and Delivered in Book-Entry-Only Form. One certificate registered in the name of DTC's nominee, Cede & Co., for the total principal amount of the Notes will be issued to DTC in New York, New York (or to the Fiscal Agent as agent for DTC) and such certificates will be immobilized in its custody. Purchases of the Notes in denominations permitted by Section 2.02 hereof must be made by or through Direct Participants of DTC, which will receive a credit for the Notes on DTC's records. The ownership interest of each actual purchaser of each Note (the "beneficial owner") is in turn to be recorded on the Direct and Indirect Participants' records. Transfers of ownership will be effected on the records of DTC and its Participants pursuant to the rules and procedures established by DTC and its Participants. Payment of principal and interest on the Notes will be made in same day funds directly to DTC. The transfer of principal and interest to Participants of DTC will be the responsibility of DTC; the transfer of principal and interest to beneficial owners by Participants of DTC will be the responsibility of such Participants. Neither the City nor the Paying Agent and Note Registrar will be responsible or liable for maintaining, supervising or reviewing the records maintained by DTC, its Participants or persons acting through such Participants. (B) In the Event Certificated Notes are Subsequently Issued. Principal of and interest on the Notes shall be payable in any coin or currency which, on the date of payment thereof, is legal tender for the payment of debts due in the United States of America. Principal of and interest on the Notes shall be paid to the owner of each Note upon presentation and surrender of the Note on the Maturity Date at the principal office of the Fiscal Agent. The Fiscal Agent shall maintain at its offices a record of the payment of principal and interest on the Notes. Section 2.05 Method of Execution and Authentication of Notes. The Notes shall be executed for and on behalf of the City by the manual or facsimile signatures of its Mayor and City Clerk, and shall have impressed or imprinted thereon a true impression or a printed facsimile of the City's official seal. The Notes shall be registered in the Office of the City Clerk, which registration shall be evidenced by the manual or facsimile signature of the City Clerk, on a Certificate of Registration printed on the Notes, with the City's official seal or a facsimile thereof, impressed or imprinted opposite said signature. The Notes shall be registered by the State Treasurer in the municipal bond register in her office, which registration shall be evidenced by the manual or facsimile signature of the State Treasurer and/or the Assistant State Treasurer on a Certificate of State Treasurer printed on the Notes, attested by a true impression or a printed facsimile of the State Treasurer's official seal opposite such signature. Additionally, the Notes shall be countersigned by the manual or facsimile signature of the City Clerk, which countersignature shall be attested by the City's official seal affixed or imprinted opposite said countersignature. Notwithstanding the provisions of the foregoing paragraph regarding the manner of and the method for the execution, registration and countersigning of the Notes, as a condition precedent to the authentication of the Notes by the Note Registrar and the issuance and delivery of the Notes to the Original Purchaser, one or more of the aforesaid signatures required to appear on the Notes shall be by manual signature of one or more of the aforementioned officials. In case any officer of the City or of the State whose manual or facsimile signature shall appear on the Notes shall cease to be such officer before the actual delivery of the Notes, such signature or facsimile thereof shall nevertheless be valid and sufficient for all purposes, the same as if such officer had remained in office until such delivery. No Note shall be valid or obligatory for any purpose unless and until the Certificate of Authentication thereon shall have been duly executed by the Fiscal Agent, and such duly executed Certificate of Authentication shall be conclusive evidence that it has been authenticated and delivered under this Resolution. The Certificate of Authentication shall be deemed to have been duly executed by the Fiscal Agent when manually signed by an authorized officer or signatory thereof, and it shall not be necessary that the same officer or signatory of the Fiscal Agent manually sign the Certificate of Authentication on all Notes issued under the Note Ordinance and this Resolution. For the initial delivery of the Notes, which will consist of one certificate in book-entry-only form as described in Section 2.04(A) hereof, the Notes shall be authenticated by the City Clerk. Section 2.06 Payment of Costs of Notes. The City shall pay all fees and expenses incurred in connection with the printing, issuance, transfer, exchange, registration and payment of the Notes except (i) reasonable fees and expenses in connection with the replacement of a Note or Notes mutilated, stolen, lost or destroyed, or (ii) any tax or other governmental charge imposed in relation to the transfer, exchange, registration or payment of the Notes, or (iii) any additional costs or fees that might be incurred in the secondary market. Section 2.07 Form of Notes. The definitive typewritten or printed form of the certificates representing the Notes issued under this Resolution, including the registration certificates and certificate of authentication thereon, shall be in the form required by the laws of the State of Kansas, and shall contain the usual and required recitals and provisions, including a recital that they are issued under the authority of the Act for the purpose of renewing portions of the principal amount of the Original Notes and for the interim financing of costs in connection with the Improvements. The Governing Body hereby approves the form and text of the certificates to be prepared for the Notes, and hereby authorizes, orders and directs Bond Counsel to prepare the certificates to be used for the initial delivery of the Notes and hereby further authorizes, orders and directs Bond Counsel, in the event the Notes in certificated form are issued at any time after the initial issuance and delivery of the Notes, to prepare the form of and cause such certificated Notes to be printed. Section 2.08 Registration, Transfer and Exchange of Notes. The Notes may be transferred only upon the Registration Books and upon the surrender thereof to the Fiscal Agent duly endorsed for transfer or accompanied by an assignment duly executed by the Owner thereof, or his agent, in such form as shall be satisfactory to the Fiscal Agent. Upon the surrender for transfer of any certificated Note at its office, the Fiscal Agent shall authenticate and deliver in the name of the transferee or transferees a new certificated Note or Notes of authorized denominations in the aggregate principal amount of the surrendered certificated Note. The Fiscal Agent may require payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation to such transfer or exchange. Upon the presentation of the necessary documents as hereinbefore described at the principal office of the Fiscal Agent, the Fiscal Agent shall transfer or exchange any Note(s) for new Note(s) in an authorized denomination of the same maturity and for the same aggregate principal amount as the Note(s) presented for transfer or exchange. All Notes presented for transfer or exchange shall be surrendered to the Fiscal Agent for cancellation. Prior to delivery of any new Note(s) to the transferee, the Fiscal Agent shall register the same in the Registration Books and shall authenticate each such new Note. The City and the Fiscal Agent shall not be required to issue, register, transfer or exchange any Notes during a period beginning on the day following the Record Date preceding any Interest Payment Date and ending at the close of business on the Interest Payment Date. Notes delivered upon any transfer or exchange shall be valid obligations of the City, evidencing the same debt as the Notes surrendered, shall be secured by the Note Ordinance and this Resolution and shall be entitled to all of the security and benefits hereof and pledges made herein to the same extent as the Notes surrendered. The person(s) in whose name any Note is registered as shown on the Registration Books shall be deemed and regarded as the absolute Owner thereof for all purposes. Payment of, or on account of the principal of and the interest on any Note shall be made only to or upon the order of the Owner or his duly authorized agent; except that, so long as the Notes remain issued in book-entry-only form, DTC shall be considered to be the Owner of the Notes, and such payments shall be made only to DTC in accordance with Section 2.04(A) of this Resolution. All such payments shall be valid and effectual to satisfy and discharge the City's liability upon such Note, including the interest thereon, to the extent of the sum or sums so paid. Section 2.09 Mutilated, Lost, Stolen or Destroyed Notes. In the event any certificate representing a Note is mutilated, lost, stolen or destroyed, the City shall execute, and the Note Registrar shall authenticate and deliver, a new certificate of like date, maturity, denomination and interest rate as that mutilated, lost, stolen or destroyed; provided, that in the case of any mutilated Note, such mutilated Note shall first be surrendered to the Note Registrar, and, in the case of any lost, stolen or destroyed Note there shall first be furnished to the Note Registrar and the City, evidence of such loss, theft or destruction satisfactory to them, together with an indemnity satisfactory to the City and the Note Registrar. In the event any such Note shall have matured, instead of issuing a duplicate note the City may pay the same without the surrender thereof. The City and the Note Registrar may charge to the Owner of such Note their reasonable fees and expenses in connection with the replacement of such Note or Notes. Section 2.10 Surrender and Cancellation of Notes. Whenever any Outstanding Note shall be delivered to the Note Registrar after full payment thereof or for replacement pursuant to this Resolution, such Note shall be canceled and destroyed by the Note Registrar and counterparts of a Certificate of Destruction describing Notes so destroyed and evidencing such destruction shall be furnished by the Note Registrar to the City, or such Note shall be canceled and the canceled Note shall be returned to the City. Section 2.11 Execution and Delivery of the Notes. The Mayor and City Clerk are hereby empowered, authorized and directed to prepare and execute the Notes without unnecessary delay in the form and manner hereinbefore specified, including a reasonable quantity of replacement note certificates for use in exchanges, transfers and replacements in accordance with the provisions of this Resolution and when executed the Notes shall be registered in the Office of the City Clerk and in the Office of the State Treasurer, as required by law and as hereinbefore provided, and shall thereupon be deposited with the Note Registrar for authentication. When the Notes shall have been so executed, registered and authenticated, they shall be delivered at one time to or upon the order of the Original Purchaser, but only upon receipt by the City of the Purchase Price therefor and the proceeds of the Notes shall immediately be applied by the City as hereinafter in this Resolution provided. Section 2.12 Official Statement. The Governing Body hereby approves the form and content of the "deemed final" Preliminary Official Statement prepared for use in the initial offering and sale of the Notes, and the form and content of any addenda, supplement, or amendment thereto necessary to conform the offering document to the terms of this Resolution, to include information newly available due to assignment of ratings by one or more rating agencies, or incorporate such other minor corrections or additions as may be approved by the City's debt coordinator, including specifically the insertion of interest rates and yields for the Notes. The lawful use of the final Official Statement in the reoffering of the Notes by the Original Purchaser is hereby approved and authorized. ARTICLE III FUNDS AND ACCOUNTS Section 3.01 Creation of Funds and Accounts. Simultaneously with the issuance and delivery of the Notes, there shall be created within the Treasury of the City, the following designated funds and accounts: (A) Improvement Account for the City of Wichita, Kansas, General Obligation Renewal and Improvement Temporary Notes, Series 216; (B) Principal and Interest Account for the City of Wichita, Kansas, General Obligation Renewal and Improvement Temporary Notes, Series 216, to be created within the City's Capital Project Fund; and (C) Excess Earnings Account for the City of Wichita, Kansas, General Obligation Renewal and Improvement Temporary Notes, Series 216. Section 3.02 Administration of Funds and Accounts. The funds and accounts established and created by this Article shall be administered in accordance with the provisions of this Resolution for so long as any of the Notes remain Outstanding. ARTICLE IV APPLICATION OF NOTE PROCEEDS; DISPOSITION OF MONEYS IN FUNDS AND ACCOUNTS Section 4.01 Application of Note Proceeds. Upon the issuance and delivery of the Notes, the proceeds thereof shall be deposited into the Treasury of the City and credited to the various funds and accounts created by Article III of this Resolution, as follows: (A) To the Principal and Interest Account, the portion of the Purchase Price which represents accrued interest paid on the Notes, and the portion of the Purchase Price which represents the premium, if any, paid on the Notes; and (B) To the Redemption Fund, the sum of $22,513,229; and (C) The balance of the proceeds, in the amount of $31,941,771, to the Improvement Account. Section 4.02 Disposition of Principal and Interest Account. Moneys deposited in the Principal and Interest Account from the proceeds of the Notes as provided by clause (A) of the preceding Section, shall be used exclusively for the payment of interest on the Notes on the first Interest Payment Date. Moneys deposited in the Principal and Interest Account from other sources, as provided by the succeeding Sections or elsewhere in this Resolution, shall be used exclusively for the payment of the principal of and the interest on the Notes, and for payment of the usual and customary fees and expenses of the Fiscal Agent. Upon the completion of the Original Improvements and/or the Improvements and the levying of special assessments against the real properties benefited thereby, any of such special assessments which are collected during the pay-in period shall be deposited into the Principal and Interest Account. Additionally, upon the issuance of the City's general obligation bonds and/or future renewal temporary notes, as the case may be, for the purpose of paying the Notes, or any portion thereof, the proceeds from such general obligation bonds and/or renewal temporary notes shall be deposited into the Principal and Interest Account. Any other sums of moneys which are designed for payment of the costs of the Original Improvements and/or the Improvements, if any, shall likewise be deposited into the Principal and Interest Account. Section 4.03 Withdrawals from Principal and Interest Account; Transfer of Funds to Fiscal Agent. The Director of Finance is hereby authorized and directed to cause to be withdrawn from the Principal and Interest Account and forwarded to the Paying Agent, a sum sufficient in amount to pay the principal of and the interest on the Notes on the Maturity Date together with such sum as may be required to pay the fees and charges of the Fiscal Agent, if any, for acting in such capacity, and the sum for charges of the Fiscal Agent shall be forwarded to the Fiscal Agent over and above the amount required to pay the Notes as aforesaid. If, through the lapse of time or otherwise, the Owner of any Note shall no longer be entitled to enforce payment of such Note, it shall be the duty of the Paying Agent to forthwith return such unexpended funds to the City. All moneys transferred to the Paying Agent shall be deemed to be deposited in accordance with and subject to all of the provisions contained in this Resolution, and shall be deemed to be deposited with the Paying Agent in trust for and on behalf of the Owners of the Notes. Section 4.04 Surplus in Principal and Interest Account. Any moneys remaining in the Principal and Interest Account, from whatever source, from and after the retirement of all general obligation Note issues of the City shall be transferred and paid into the General Fund of the City. Section 4.05 Disposition of Redemption Fund. The portion of the proceeds of the Notes deposited into the Redemption Fund as provided by the preceding Section 4.01 shall be used solely for the purpose of paying the portion of the principal amount of the Original Notes issued for the Original Improvements. Section 4.06 Disposition of Improvement Account. Moneys in the Improvement Account shall be used solely for the purpose of paying the Improvement Costs. The City covenants that in the making of the Original Improvements and the Improvements, it will perform all duties and obligations relative to such Original Improvements and Improvements as are now or may be hereafter imposed by the Act and the provisions of this Resolution. Section 4.07 Withdrawals from Improvement Account. Withdrawals from the Improvement Account shall be made only for a purpose within the scope of the Original Improvements and the Improvements, and as payment for Improvement Costs and the amount of such payments shall represent only the contract price or reasonable value of the property, labor, materials, service or obligations being paid for, or if such payment is not being made pursuant to an express contract, such payments shall not be in excess of the reasonable value thereof. Section 4.08 Surplus in Improvement Account. All moneys remaining in the Improvement Account after the completion of the Original Improvements and the Improvements and the payment of all Improvement Costs shall be immediately transferred to the Principal and Interest Account. ARTICLE V DEPOSITS AND INVESTMENT OF MONEYS Section 5.01 Deposits. Cash moneys in each of the funds and accounts created and established by this Resolution shall be deposited in a bank(s) or Federal or state chartered savings and loan association(s) with offices located within Sedgwick County, Kansas, whose deposits are insured by Federal Deposit Insurance Corporation, and all such deposits shall be adequately secured by the bank(s) or savings and loan association(s) holding such deposits in accordance with the laws of the State. Section 5.02 Investments. Moneys held in the funds and accounts created and established by this Resolution may be invested by the City in Authorized Investments, or in other investments allowed by the laws of the State, in such amounts and maturing at such times as shall reasonably provide for moneys to be available when required in said funds and accounts; provided, however, that no such investment shall be made for a period extending longer than to the date when the moneys so invested may be needed in the fund or account for the purpose for which it was created and established; and provided further, that such moneys shall not be invested in such manner as will violate the provisions of the Certificate as to Arbitrage and Related Tax Matters. All interest on any Authorized Investment made from the moneys in any fund or account created and established by this Resolution shall (except the amounts which are required to be deposited into the Excess Earnings Account in accordance with the Certificate as to Arbitrage and Related Tax Matters) accrue to and become a part of such originating fund or account. The Value of the investments held in the funds and accounts under the provisions of this Resolution, shall be determined as of the end of each calendar month. All investments made pursuant hereto shall be made in accordance with the Certificate as to Arbitrage and Related Tax Matters. Section 5.03 Deposits into and Application of Moneys in Excess Earnings Account. (A) The City shall deposit into the Excess Earnings Account such amounts as are required to be deposited therein pursuant to the Certificate as to Arbitrage and Related Tax Matters. All earnings on investments of moneys held in the Excess Earnings Account shall be retained in the Excess Earnings Account. Subject to the payment provisions provided in subsection (B) below, all amounts on deposit in the Excess Earnings Account shall be held by the City in trust, to the extent required to satisfy the Rebate Amount (as defined in the Certificate as to Arbitrage and Related Tax Matters), for payment to the United States of America, and neither the City nor the Owner of any Note shall have any right in or claim to such money. All amounts held in the Excess Earnings Account shall be governed by this Section and by the Certificate as to Arbitrage and Related Tax Matters. (B) The City shall remit part or all of the balances in the Excess Earnings Account to the United States of America in accordance with the Certificate as to Arbitrage and Related Tax Matters (such amounts herein referred to as the "Rebate Amounts"). Any funds remaining in the Excess Earnings Account after payment of all of the Notes and payment and satisfaction of any Rebate Amount, or provision having been made therefor, shall be withdrawn and released from the Excess Earnings Account and shall be deposited into the City's General Fund. (C) Notwithstanding any other provision of this Resolution, including in particular the provisions of this Section, the City's obligation to remit the Rebate Amount to the United States of America and to comply with all other requirements of this Section and the Certificate as to Arbitrage and Related Tax Matters shall survive the defeasance or payment in full of the Notes. (D) The City shall maintain records designed to show compliance with the provisions of this Section and the Certificate as to Arbitrage and Related Tax Matters for at least six (6) years after the date on which no Notes shall remain Outstanding. (E) The terms, conditions and provisions under which the City will perform its duties regarding the Excess Earnings Account and any Rebate Amount are set forth in a Certificate as to Arbitrage and Related Tax Matters dated as of the Date of Issuance. The form and text of the Certificate as to Arbitrage and Related Tax Matters is hereby approved and accepted by the Governing Body, and all of the covenants, duties and responsibilities therein contained which are to be performed by and on behalf of the City are hereby declared to be the covenants, duties and responsibilities of the City as though fully set forth at this place. The Mayor and the City Clerk or Director of Finance, as appropriate, or such other officer as may be directed by the Mayor, shall be and are hereby authorized to execute and deliver the Certificate as to Arbitrage and Related Tax Matters for and on behalf of the City. The entire text of the Certificate as to Arbitrage and Related Tax Matters is by reference hereby incorporated in and made a part of this Resolution as though fully set forth at this place. ARTICLE VI PROVISION FOR PAYMENT OF NOTES Section 6.01 Levy and Collection of Annual Taxes. Pursuant to the Note Ordinance, the Governing Body covenants that it shall make provision for the payment of the principal of and the interest on the Notes on the Maturity Date by the levying and collecting the necessary special assessment taxes upon the real properties within the City liable therefor upon the completion of the Original Improvements and the Improvements, as provided by law; provided, that if the amounts collected from such special assessment taxes are insufficient to fully pay the principal of and interest on the Notes on the Maturity Date, or if any of the Original Improvements or the Improvements are not completed by the Maturity Date or the Governing Body is otherwise hindered from then levying and collecting such special assessment taxes, and for any of the costs of the Original Improvements or the Improvements which are to be paid by the City-at-large, then said Governing Body shall provide for the payment of all or any portion of the principal of and/or interest on the Notes on the Maturity Date by the issuance of renewal temporary notes for that purpose or by the issuance of general obligation bonds of the City, as is warranted by the circumstances then existing; and further provided, that if the amounts collected from such special assessment taxes and/or the proceeds of such renewal temporary notes or general obligation bonds are insufficient to fully pay the maturing principal of and interest on the Notes on the Maturity Date, then said Governing Body shall levy ad valorem taxes upon all of the taxable tangible property located within the territorial limits of the City in such amounts as are necessary to rectify any deficiency in the amounts available for the payment of the Notes. In lieu of issuing renewal temporary notes or general obligation bonds of the City to fund costs of the Original Improvements or the Improvements which are to be paid by the City-at-large, the Governing Body may elect to pay said costs, or any portion thereof, from otherwise unencumbered funds or current revenues of the City which are lawfully available for such purpose. Section 6.02 Disposition of Taxes; Untimely Receipt. The proceeds derived from the various sources identified in the preceding Section shall be deposited into the Principal and Interest Account when received; and shall be used to pay the principal of and the interest on the Notes on the Maturity Date; provided, if on the Maturity Date the amount in the Principal and Interest Account shall be insufficient to make the payments of the principal of and the interest on the Notes because of an untimely collection and/or receipt of moneys from said sources, the Director of Finance is authorized to cause to be transferred to the Principal and Interest Account from the City's general funds, the amount required for such payments and to then reimburse the City's general funds for such expended amounts immediately upon the collection and receipt of said moneys. ARTICLE VII DEFAULT AND REMEDIES Section 7.01 Resolution Constitutes Contract; Remedies of Owners. The provisions of the Note Ordinance and this Resolution, and all of the covenants and agreements therein and herein contained, shall constitute a contract between the City and the Owners, and the Owner or Owners of any of the Notes at the time Outstanding shall have the right, for the equal benefit and protection of all Owners similarly situated: (A) By mandamus or other suit, action or proceedings at law or in equity to enforce his or their rights against the City and its officers, agents and employees, and to require and compel the City and its officers, agents and employees to perform all duties and obligations required by the provisions of the Note Ordinance and this Resolution or by the constitution and laws of the State; (B) By suit, action or other proceedings in equity or at law to require the City, its officers, agents and employees to account as if they were the trustees of an express trust; and (C) By suit, action or other proceedings in equity or at law to enjoin any acts or things which may be unlawful or in violation of the rights of the Owners. Section 7.02 Rights of Owners; Limitations. The covenants and agreements of the City contained herein, in the Note Ordinance and in the Notes shall be for the equal benefit, protection and security of the Owners of any or all of the Notes, all of which Notes shall be of equal rank and without preference or priority of any one Note over any other Note in the application of the moneys herein pledged to the payment of the principal of and the interest on the Notes, or otherwise, except as provided in this Resolution. No one or more of the Owners secured hereby shall have any right in any manner whatsoever by his or their action to affect, disturb or prejudice the security granted and provided for herein, or to enforce any right hereunder, except in the manner herein provided, and all proceedings at law or in equity shall be instituted, had and maintained for the equal benefit of all Owners of the Outstanding Notes. Nothing in this Resolution, in the Note Ordinance or in the Notes shall affect or impair the obligations of the City to pay on the respective dates of maturity thereof, the principal of and the interest on the Notes to the respective Owners thereof or affect or impair the right of action of any Owner to enforce payment of the Notes held by him, or to reduce to judgment his claim against the City for payment of the principal of and interest on the Notes without reference to or consent of any other Owner. Section 7.03 Remedies Cumulative; Delay or Omission Not Waiver. No remedy herein conferred upon the Owners is intended to be exclusive of any other remedy or remedies, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute, and may be exercised without exhausting and without regard to any other remedy however given. No waiver by the Owner of any Note of any default or breach of duty or contract by the City shall extend to or affect any subsequent default or breach of duty or contract by the City or shall impair any rights or remedies therefor available to the Owners. No delay or omission of any Owner to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver of any such default or as an acquiescence therein. Every substantive right, power and remedy given by this Resolution to the Owners, respectively, may be exercised from time to time and as often as may be deemed expedient. In case any suit, action or other proceedings taken by any Owner on account of any default or to enforce any right or exercise any remedy shall have been discontinued or abandoned for any reason, or shall have been determined adversely to the Owner, then in every such case the City and the Owners shall be restored to their former positions and rights hereunder, respectively, and all rights, remedies, powers and duties of the Owners shall continue as though no such suit, action or other proceedings had been brought or taken. ARTICLE VIII AMENDMENTS Section 8.01 Amendments. The City may, without the consent of or notice to the Owners, amend or supplement the provisions of this Resolution (i) to cure any ambiguity herein or to correct or supplement any provision herein which may be inconsistent with any other provision herein or to correct errors, provided such action shall not materially adversely affect the interest of the Owners, or (ii) to grant or confer upon the Owners any additional rights, remedies, powers or security that may lawfully be granted or conferred upon the Owners, or (iii) to more precisely identify the Improvements, or (iv) to provide for the issuance of coupon Notes and the exchange of the fully registered Notes for coupon Notes upon such terms and conditions as the City shall determine; provided, however, that any amendment as provided in this clause (iv) shall not become effective unless and until the City shall have received an opinion of Bond Counsel, in form and substance satisfactory to the City, to the effect that the issuance of such coupon notes or the exchange of the fully registered Notes for such coupon notes, will not cause the interest on the Notes to be includable in the gross income of recipients thereof under the provisions of the applicable Federal law, or (v) to conform this Resolution to the Code or any future applicable Federal law concerning tax-exempt obligations. The rights and duties of the City and the Owners and the terms and provisions of this Resolution may be modified or altered in any respect by a resolution of the City with the consent of the Owners of not less than seventy-five percent (75%) in principal amount of the Notes then Outstanding, such consent to be evidenced by an instrument or instruments executed by the Owners and duly acknowledged or proved in the manner of a deed to be recorded, and such instrument or instruments shall be filed with the City Clerk; provided that, no such modification or alteration shall, except with the written consent of one hundred percent (100%) of the Owners of the Notes then Outstanding: (A) Extend the Maturity Date of any Note; (B) Effect a reduction in the amount which the City is required to pay by way of the principal of or the interest on any Note; (C) Permit a preference or priority of any Note or Notes over any other Note or Notes; or (D) Reduce the percentage of the principal amount of the then Outstanding Notes for which the written consent of the Owners is required for any modification or alteration of the provisions of this Resolution. Section 8.02 Written Evidence of Amendments. Any and all modifications or amendments to this Resolution or of the Notes shall be made in the manner hereinabove provided, and shall not become effective until there has been filed with the City Clerk a copy of the resolution of the City authorizing said modifications or amendments, as hereinabove provided for, duly certified, as well as proof of consent to such modifications or amendments by the Owners of not less than the percentage of the principal amount of Notes then Outstanding as hereinabove required. It shall not be necessary to note on any Outstanding Note any reference to such amendment or modification. A certified copy of every such amendatory or supplemental ordinance or resolution, if any, and a certified copy of the Note Ordinance and this Resolution, shall always be kept on file in the Office of the City Clerk and shall be made available for inspection by the Owner of any Note or the prospective purchaser or owner of any Note, and upon payment of the reasonable cost of preparing same, a certified copy of any such amendatory or supplemental ordinance or resolution of the Note Ordinance or this Resolution will be sent by the City Clerk to any such Owner or prospective Owner. ARTICLE IX DEFEASANCE Section 9.01 Defeasance. When all or any part of the principal of and the interest on the Notes shall have been paid and discharged, then the requirements contained herein and all other rights granted by the Note Ordinance and this Resolution shall cease and determine with respect to that principal and interest so paid. The Notes shall be deemed to have been paid and discharged within the meaning of this Resolution if there shall have been deposited with the Paying Agent or with a bank located in the State of Kansas and having full trust power; at or prior to the Maturity Date of the Notes, in trust for and irrevocably appropriated thereto, moneys and/or Government Obligations consisting of direct obligations of, or obligations the payment of the principal of and the interest on which are guaranteed by, the United States of America, or other investments allowed by the laws of the State, which together with the interest to be earned on such Government Obligations or other investments, will be sufficient for the payment of the principal of the Notes and the interest thereon to the Maturity Date; or if default in such payment shall have occurred on such date, then to the date of the tender of such payments. Any moneys and Government Obligations which at any time shall be deposited with the Paying Agent or a Kansas bank by or on behalf of the City, for the purpose of paying and discharging any of the Notes or interest thereon, shall be and are hereby assigned, transferred and set over to the Paying Agent or such Kansas bank in trust for the respective Owners of the Notes, and such moneys shall be and are hereby irrevocably appropriated to the payment and discharge thereof. All moneys and Government Obligations so deposited with the Paying Agent or a Kansas bank shall be deemed to be deposited in accordance with and subject to all of the provisions contained in this Resolution. ARTICLE X MISCELLANEOUS PROVISIONS Section 10.01 Tax Covenants. The Governing Body hereby covenants and agrees that so long as any of the Notes remain outstanding and unpaid, it will not take any action, or fail to take any action in its power, if any such action or the failure to take such action, would adversely affect the continued exclusion from gross income for purposes of Federal income taxation of the interest on the Notes under Section 103 of the Code, and further covenants to comply with all other provisions of the Code, as the same may be amended, and any applicable rules and regulations of the United States Treasury Department thereunder, to the extent applicable to the Notes. The Governing Body hereby further covenants that it will use and expend the proceeds of the Notes for the purpose for which they are issued as soon as practicable and with all reasonable dispatch, and that it will not directly or indirectly use or permit the use of the proceeds of the Notes or any other funds of the City, or take or omit to take any action which, if such use or taking or omission of action had been reasonably expected on the Date of Issuance, would have caused the Notes to be "arbitrage bonds" within the meaning of Section 103(b)(2) of the Code and that to that end, it will comply with all applicable requirements of Section 148 of the Code and the rules and regulations of the United States Treasury Department thereunder to the extent applicable to the Notes for so long as any of the Notes remain outstanding and unpaid. Without limiting the generality of the foregoing, the Governing Body agrees that there shall be paid from time to time, all amounts required to be rebated to the United States of America pursuant to Section 148(f) of the Code, and any temporary, proposed or final Treasury regulations as may be applicable to the Notes from time to time. This covenant shall survive payment in full or the defeasance of the Notes and the Governing Body specifically hereby covenants to pay or cause to be paid to the United States of America, at the times and in the amounts determined under this Resolution, the Rebate Amount as described in the Certificate as to Arbitrage and Related Tax Matters. Section 10.02 Severability. In case any one or more of the provisions of the Note Ordinance, this Resolution or of the Notes issued thereunder shall for any reason be held to be illegal or invalid, such illegality or invalidity shall not affect any other provision of the Note Ordinance, this Resolution or the Notes appertaining thereto, but the Note Ordinance, this Resolution and the Notes shall be construed and enforced as if such illegal or invalid provision had not been contained therein. In case any covenant, stipulation, obligation or agreement contained in the Notes or in the Note Ordinance or this Resolution shall for any reason be held to be in violation of law, then such covenant, stipulation, obligation or agreement shall be deemed to be the covenant, stipulation, obligation or agreement of the City to the full extent permitted by law. Section 10.03 Further Authority. The Governing Body hereby authorizes, orders and directs the Mayor to execute, and the City Clerk to attest by signing and affixing the official seal of the City, and thereupon deliver this Resolution. The Governing Body hereby further authorizes, orders and directs the Mayor and the City Clerk, or the Director of Finance, as appropriate, or such other officers, officials, agents and employees of the City as the Mayor may designate and direct, to execute and deliver any and all supporting documents and certificates required in the issuance of the Notes, including final certificates required to be included in the official Transcript of Proceedings relating to the authorization and issuance of the Notes, all for and on behalf of and as the act and deed of the City and without further action by the Governing Body, such documents to be in substantially the forms thereof as are presented to the Governing Body this date, with such minor corrections or amendments thereto as the Mayor shall approve, which approval shall be evidenced by his execution thereof and the Mayor and City Clerk, or the Director of Finance, as appropriate, or such other officers, officials, agents and employees of the City as the Mayor may designate and direct, are also authorized to execute and deliver such other documents, certificates and instruments as may be necessary or desirable in order to carry out, give effect to and comply with the intent of this Resolution and to give effect to the transactions contemplated hereby. The execution and attestation of this Resolution and such other documents, certificates and instruments as may be necessary or desirable to carry out, give effect to and comply with the intent of this Resolution, shall be conclusive as to the approval of said documents and each of them. The Governing Body shall, and the officers, agents and employees of the City are hereby authorized and directed to, take such actions, expend such funds and execute such other documents, certificates and instruments as may be necessary or desirable to carry out, give effect to and comply with the provisions of and transactions contemplated by this Resolution and to carry out, give effect to and comply with and perform the duties of the City with respect to the Notes and the Official Statement. Section 10.04 Governing Law. This Resolution, the Note Ordinance and the Notes shall be governed exclusively by and shall be construed in accordance with the applicable laws of the State. Section 10.05 Effective Date. This Resolution shall be in force and take effect from and after its adoption and approval by the Governing Body of the City. (The Remainder of this Page was Intentionally Left Blank) ADOPTED AND APPROVED by the Governing Body of the City of Wichita, Kansas, on July 11, 2006. Carlos Mayans, Mayor (Seal) ATTEST: Karen Sublett, City Clerk APPROVED AS TO FORM: Gary E. Rebenstorf, Director of Law RESOLUTION NO 06-___OF THE CITY OF WICHITA, KANSAS AS ADOPTED JULY 11, 2006, AUTHORIZING THE ISSUANCE OF $4,390,000 GENERAL OBLIGATION RENEWAL TEMPORARY NOTES SERIES 217 (TAXABLE UNDER FEDERAL LAW) DATED AS OF AUGUST 10, 2006 TABLE OF CONTENTS Title 1 Recitals 1 ARTICLE I DEFINITIONS Section 1.01 Definitions of Words and Terms 2 ARTICLE II AUTHORIZATION, ISSUANCE AND DELIVERY OF NOTES Section 2.01 Authorization of and Security for Notes 7 Section 2.02 Description and Details of Notes 8 Section 2.03 Designation of Paying Agent and Note Registrar 8 Section 2.04 Method and Place of Payment of Principal and Interest on Notes 9 Section 2.05 Method of Execution and Authentication of Notes 9 Section 2.06 Payment of Costs of Notes 10 Section 2.07 Form of Notes 10 Section 2.08 Registration, Transfer and Exchange of Notes 11 Section 2.09 Mutilated, Lost, Stolen or Destroyed Notes 12 Section 2.10 Surrender and Cancellation of Notes 12 Section 2.11 Execution and Delivery of Notes 12 Section 2.12 Official Statement 12 ARTICLE III FUNDS AND ACCOUNTS Section 3.01 Creation of Account 13 Section 3.02 Administration of Account 13 ARTICLE IV APPLICATION OF NOTE PROCEEDS; DISPOSITION OF MONEYS IN FUNDS AND ACCOUNTS Section 4.01 Application of Note Proceeds 13 Section 4.02 Disposition of Principal and Interest Account 13 Section 4.03 Withdrawals from Principal and Interest Account; Transfer of Funds to Fiscal Agent 13 Section 4.04 Surplus in Principal and Interest Account 14 Section 4.05 Disposition of Redemption Fund 14 ARTICLE V DEPOSITS AND INVESTMENT OF MONEYS Section 5.01 Deposits 14 Section 5.02 Investments 14 ARTICLE VI PROVISION FOR PAYMENT OF NOTES Section 6.01 Levy and Collection of Annual Taxes 15 Section 6.02 Disposition of Taxes; Untimely Receipt 15 ARTICLE VII DEFAULT AND REMEDIES Section 7.01 Resolution Constitutes Contract; Remedies of Owners 15 Section 7.02 Rights of Owners; Limitations 16 Section 7.03 Remedies Cumulative; Delay or Omission Not Waiver 16 ARTICLE VIII AMENDMENTS Section 8.01 Amendments 17 Section 8.02 Written Evidence of Amendments 17 ARTICLE IX DEFEASANCE Section 9.01 Defeasance 18 ARTICLE X MISCELLANEOUS PROVISIONS Section 10.01 Severability 18 Section 10.02 Further Authority 19 Section 10.03 Governing Law 19 Section 10.04 Effective Date 19 Signatures 20 Schedule I: The Original Improvements RESOLUTION NO. 06-___ A RESOLUTION PROVIDING FOR THE ISSUANCE OF GENERAL OBLIGATION RENEWAL TEMPORARY NOTES, SERIES 217 (TAXABLE UNDER FEDERAL LAW), OF THE CITY OF WICHITA, KANSAS, IN THE TOTAL PRINCIPAL AMOUNT OF $4,390,000, FOR THE PURPOSE OF PROVIDING THE NECESSARY FUNDS TO RENEW A PORTION OF THE PRINCIPAL AMOUNT OF TEMPORARY NOTES PREVIOUSLY ISSUED FOR THE INTERIM FINANCING OF COSTS IN CONNECTION WITH PREVIOUSLY COMMENCED CAPITAL IMPROVEMENTS IN THE CITY; PRESCRIBING THE TERMS AND DETAILS OF THE NOTES; PROVIDING FOR THE PAYMENT OF THE PRINCIPAL OF AND THE INTEREST ON THE NOTES, AND MAKING CERTAIN OTHER COVENANTS AND AGREEMENTS WITH RESPECT TO THE NOTES. WHEREAS, the Governing Body of the City of Wichita, Kansas (the "City"), pursuant to Ordinance No. ___________ duly passed July 11, 2006 (the "Note Ordinance"), has authorized the issuance of the Notes in the aggregate principal amount of $4,390,000 and provided for the levy and collection of an annual tax for the purpose of providing for the payment of the principal of and interest on the Notes; and WHEREAS, pursuant to and under the authority of various laws of the State of Kansas, the Governing Body of the City has duly taken various actions, including the adoption, and publication where necessary, of resolutions, ordinances and other proceedings as required by said laws, and has authorized and caused to be commenced the construction of those certain capital improvements in the City described in Schedule I which is attached to this Resolution and made a part hereof by reference as though fully set forth herein (which capital improvements as listed on Schedule I are herein collectively referred to as the "Original Improvements") and has provided that the costs thereof shall be paid, either in whole or in part, by the issuance of general obligation bonds of the City; and WHEREAS, the Governing Body has further heretofore by the taking of the required proceedings therefor, authorized and issued its General Obligation Renewal and Improvement Temporary Notes, Series 215, dated February 9, 2006 (the "Original Notes"), a portion of the proceeds of which were expended for interim financing for costs of the Original Improvements; and WHEREAS, the Original Improvements have not been completed and/or are completed but the issuance of bonds for the permanent financing thereof is prevented, hindered or delayed, and the Governing Body hereby finds and determines that as provided by K.S.A. 10-123, as amended and supplemented, renewal temporary notes should be issued for the purpose of renewing and paying the portion of the principal amount of the Original Notes which was issued for costs of the Original Improvements as aforesaid; and WHEREAS, in accordance with the provisions of the Note Ordinance, the Governing Body hereby finds and determines that it is necessary to prescribe the terms and details of the Notes pursuant to this Resolution, and to make certain other covenants and agreements with respect thereto; THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF WICHITA, KANSAS: ARTICLE I DEFINITIONS Section 1.01 Definitions of Words and Terms. In addition to words and terms elsewhere defined in this Resolution, the following words and terms as used herein, whether or not the words have initial capitals, shall have the following meanings unless the context or use indicates another or different meaning or intent, and such definitions shall be equally applicable to both the singular and plural forms of any of the words and terms herein defined: "Act" shall mean the Constitution of the State of Kansas (including particularly Article 12, Section 5 thereof), Charter Ordinance No. 156 of the City, K.S.A. 10-101 et seq., K.S.A. 10-123 and K.S.A. 13-1024c, all as amended and supplemented, under the authority of which ordinances and statutes the Original Improvements were authorized, the Original Notes were issued and the Notes are issued. "Authentication Date" shall mean the date on which a Note is registered and authenticated by the Fiscal Agent as shown on a Certificate of Authentication printed on the Note. "Authorized Investments" shall mean any of the following securities, and to the extent the same are at the time permitted for investment of funds held by the City pursuant to this Resolution: (A) For all purposes, including as defeasance investments in refunding escrow accounts: (1) Cash (insured at all times by the Federal Deposit Insurance Corporation or otherwise collateralized with obligations described in the following paragraph (2)), or (2) Direct obligations of (including obligations issued or held in book entry form on the books of) the Department of the Treasury of the United States of America; and (B) For all purposes other than defeasance investments in refunding escrow accounts: (1) Obligations of any of the following Federal agencies which obligations represent the full faith and credit of the United States of America, including: -- Export - Import Bank -- Farmers Home Administration -- General Services Administration -- U. S. Maritime Administration -- Small Business Administration -- Government National Mortgage Association (GNMA) -- U. S. Department of Housing & Urban Development (PHA's) -- Federal Housing Administration; (2) Bonds, notes or other evidences of indebtedness rated "AA" by Standard & Poor's, a Division of the McGraw-Hill Companies ("S&P") and "Aa2" by Moody's Investor Services ("Moody's") issued by the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation with remaining maturities not exceeding four years; (3) Investments in shares or units of a money market fund or trust, the portfolio of which is comprised entirely of securities in direct obligations of the United States Government or any agency thereof or obligations of the Federal National Mortgage Association, Federal Home Loan Banks or Federal Home Loan Mortgage Corporation; (4) Pre-refunded Municipal Obligations defined as follows: Any bonds or other obligations of the State of Kansas or of any agency, instrumentality or local governmental unit of such State which are not callable at the option of the obligor prior to maturity or as to which irrevocable instructions have been given by the obligor to call on the date specified in the notice; and (A) which are rated, based on an irrevocable escrow account or fund (the "escrow"), in the highest rating category of S&P and Moody's, or any successors thereto; or (B) (i) which are fully secured as to principal and interest and redemption premium, if any, by an escrow consisting only of cash or obligations described in paragraph (1) above, which escrow may be applied only to the payment of such principal of and interest and redemption premium, if any, on such bonds or other obligations on the maturity date or dates thereof or the specified redemption date or dates pursuant to such irrevocable instructions, as appropriate, and (ii) which escrow is sufficient, as verified by a nationally recognized independent certified public accountant, to pay principal of and interest and redemption premium, if any, on the bonds or other obligations described in this paragraph on the maturity date or dates thereof or on the redemption date or dates specified in the irrevocable instructions referred to above, as appropriate; (5) Investment agreements with or other obligations of a financial institution the obligations of which at the time of investment are rated in any of the three highest rating categories by Moody's or S&P; (6) Repurchase agreements secured by direct obligations of the United States Government or any agency thereof or obligations of the Federal National Mortgage Association, Federal Home Loan Banks or Federal Home Loan Mortgage Corporation; and (7) Receipts evidencing ownership interests in securities or portions thereof in direct obligations of the United States Government or any agency thereof or obligations of the Federal National Mortgage Association, Federal Home Loan Banks or Federal Home Loan Mortgage Corporation. (C) The value of the above investments shall be determined as of the end of each month. (See the definition of "Value" herein.) "Bond Counsel" shall mean Kutak Rock LLP, Kansas City, Missouri, or any other attorney or firm of attorneys whose expertise in matters relating to the issuance of obligations by states and their political subdivisions is nationally recognized and acceptable to the City. "City" shall mean the City of Wichita, Kansas. "City Clerk" shall mean the duly appointed and acting City Clerk of the City, or in the City Clerk's absence (or in the event of a vacancy in such office) any Deputy City Clerk or Acting City Clerk of the City. "Costs of Issuance" shall mean any and all expenses of whatever nature incurred in connection with the issuance and sale of the Notes, including, but not limited to, publication, printing, signing and mailing expenses, registration fees, fees and expenses of the Fiscal Agent, fees and expenses of Bond Counsel and other legal counsel, expenses incurred in connection with determining the Yield on the Notes or investment of the proceeds of the Notes, and in connection with receiving municipal bond insurance and/or ratings on the Notes. An amount for Costs of Issuance has been factored into the total final cost of each capital improvement comprising the Original Improvements. "Date of Issuance" shall mean the date on which the Notes are delivered to the Original Purchaser and the City receives from the Original Purchaser the full purchase price therefor. "Dated Date" shall mean the dated date of the Notes which is August 10, 2006. "Direct Participants" shall have the meaning set forth in and defined by the Letter of Representation. "Director of Finance" shall mean the duly appointed and acting Director of Finance of the City, or in the Director of Finance's absence, the duly appointed Assistant Director of Finance or Acting Director of Finance of the City. "DTC" shall mean The Depository Trust Company and its successors or assigns. "Fiscal Agent" shall mean the State Treasurer of Kansas, and its successors and assigns. "Fiscal Year" shall mean the fiscal year of the City, currently being the 12-months ending each December 31. "Governing Body" shall mean the duly elected and/or appointed and acting persons comprising the City Council of the City. "Government Obligations" means (i) cash (insured at all times by the Federal Deposit Insurance Corporation or otherwise collateralized with obligations described in the following phrase (ii)), or (ii) direct obligations of the United States of America (including obligations issued or held in book-entry form on the books of (the Department of the Treasury of the United States of America). "Indirect Participants" shall have the meaning set forth in and defined by the Letter of Representation. "Interest Payment Dates" shall be February 8, 2007. "Letter of Representation" shall mean that certain Letter of Representation between the City and DTC with respect to the Notes. "Mayor" shall mean the duly elected and acting Mayor of the City or in the Mayor's absence, the duly appointed and/or elected Vice Mayor or Acting Mayor of the City. "Note Ordinance" shall mean Ordinance No. ________ of the City, passed by the Governing Body on July 11, 2006, and authorizing and providing for the issuance of the Notes. "Note Registrar" shall mean the City, or such other entity maintaining Registration Books on behalf of the City as set forth in Section 2.03 hereof, and its successors and assigns. "Noteowner(s)" shall mean the Owner(s) of the Notes. "Notes" shall mean the $4,390,000 original principal amount of General Obligation Renewal Temporary Notes, Series 217 (Taxable Under Federal Law), dated as of August 10, 2006, of the City of Wichita, Kansas, which are authorized by and will be issued pursuant to the authority of the Note Ordinance and this Resolution. "Original Notes" means the notes previously issued by the City described in the preamble to this Resolution. "Original Proceeds" shall mean all of the proceeds, including accrued interest, derived from the sale of the Notes to the Original Purchaser. "Original Purchaser" shall mean _____________________, _______, _______. "Outstanding," when used with reference to the Notes, shall mean, as of a particular date, all Notes theretofore authenticated and delivered under this Resolution, except (i) Notes theretofore canceled by the Paying Agent or delivered to the Paying Agent for cancellation, (ii) Notes for which moneys for payment or Government Obligations (the principal of and the interest on which Government Obligations, if any, when due, provide sufficient moneys to pay, with such other moneys so deposited with the Paying Agent, the principal of and interest on the Notes being paid), or both, in the necessary amount have theretofore been deposited with the Paying Agent, or other depository as provided in this Resolution, in trust for the Owners thereof (whether upon or prior to the Maturity Date of the Notes), and (iii) Notes in exchange for or in lieu of which other Notes have been authenticated and delivered pursuant to this Resolution. "Owner(s)" or "Registered Owner(s)" shall mean, when used with respect to any Note, the person or entity in whose name the Note is registered as shown on the Registration Books maintained on behalf of the City. "Participants" shall have the meaning set forth in and defined by the Letter of Representation. "Paying Agent" shall mean the City, or such other entity acting on behalf of the City as Paying Agent for the Notes as set forth in Section 2.03 hereof, and its successors and assigns. "Principal and Interest Account" shall mean the Principal and Interest Account created within the City's Capital Project Fund pursuant to Article III hereof, which is created and shall be held and administered solely for the purpose of receiving and disbursing funds for the payment of the Notes. "Principal Payment Date" shall mean the Maturity Date. "Purchase Price" shall mean the purchase price paid by the Original Purchaser to the City for the Notes and is calculated as being the par value of the Notes, plus accrued interest from the Dated Date to the Date of Issuance, plus any premium. "Record Date" shall mean February 1, 2007. "Redemption Fund" shall mean the Series 215 Principal and Interest Account previously created within the City's Capital Project Fund for the purpose of receiving and disbursing funds for the payment of the Original Notes. "Registration Books" shall mean the books maintained on behalf of the City by the Note Registrar for the registration and transfer from time to time of the ownership of the Notes. "Resolution" or "Note Resolution" shall mean this Resolution No. R-06-____, adopted by the Governing Body of the City on July 11, 2006, prescribing the terms and details of the Notes. "State" shall mean the State of Kansas. "Value" shall mean the value of the Authorized Investments (which Value shall be determined as of the end of each month), calculated as follows: (A) As to investments the bid and asked prices of which are published on a regular basis in The Wall Street Journal (or, if not there, then in The New York Times) -- the average of the bid and asked prices for such investments so published on or most recently prior to such time of determination, (B) As to investments the bid and asked prices of which are not published on a regular basis in The Wall Street Journal or in The New York Times -- the average bid price at such time of determination for such investments by any two nationally recognized government securities dealers (selected by the City in its absolute discretion) at the time making a market in such investments or the bid price published by a nationally recognized pricing service, and (C) As to certificates of deposit and bankers acceptances - the face amount thereof, plus accrued interest. ARTICLE II AUTHORIZATION, ISSUANCE AND DELIVERY OF NOTES Section 2.01 Authorization of and Security for Notes. Pursuant to the Note Ordinance, the Governing Body has authorized, ordered and directed that in order to provide the necessary funds to renew a portion of the principal amount of the Original Notes (in the sum of $4,390,000), there shall be issued general obligation renewal temporary notes of the City (the "Notes"). In all matters relating to the issuance, registration and delivery of the Notes, the City shall comply with the provisions, requirements and restrictions of K.S.A. 10-101 et seq., as amended and supplemented. The Notes shall be and constitute valid and legally binding general obligations of the City, and the full faith, credit and resources of the City are pledged by the Note Ordinance and this Note Resolution to the payment of the Notes and the interest thereon. The Notes are payable as to both principal and interest from the proceeds of general obligation bonds which will subsequently be issued by the City for such purpose and/or from current revenues of the City available for such purposes, or the Notes may be payable from the proceeds of renewal temporary notes which the City may in the future issue for such purpose. Section 2.02 Description and Details of Notes. The Notes shall be issued in the total principal amount of $4,390,000, and shall be designated "City of Wichita, Kansas, General Obligation Renewal Temporary Notes, Series 217 (Taxable Under Federal Law)." The Notes shall be issued in denominations of $5,000, or integral multiples thereof not exceeding the principal amount of the Notes. The Notes shall be dated as of August 10, 2006 (the "Dated Date"), shall mature on February 8, 2007 (the "Maturity Date" or the "Principal Payment Date"), and shall bear interest at the rate of ______% per annum (computed on the basis of a 360-day year of twelve 30-day months). The Notes shall bear interest from their Dated Date and such interest shall become due and payable on the Interest Payment Date. The Notes shall not be subject to call for redemption and payment prior to the Maturity Date. The Notes will initially be distributed in book-entry-only form through DTC, by depositing with DTC one certificate, registered in the name of DTC's nominee, Cede & Co., in an amount equal to the total principal amount of the Notes. The manner of payment of the principal of and the interest on the Notes to DTC, and other matters relating to the distribution of the Notes in book-entry-only form through DTC, shall be governed by the Letter of Representation, which the Director of Finance is hereby authorized to execute and deliver on behalf of the City. Subject to the operational arrangements of DTC, in the event (i) DTC determines not to continue to act as securities depository for the Notes, or (ii) the City determines that continuation of the book-entry-only system of evidence and transfer of ownership of the Notes would adversely affect the interests of the beneficial owners of the Notes, the City will discontinue the book-entry-only system with DTC. If the City fails to identify another qualified securities depository to replace DTC, the City will cause replacement Notes in the form of fully registered certificates to be authenticated and delivered to the beneficial owners (to the extent such beneficial owners can be identified by the City). If issued in certificated form, the certificates representing the Notes shall be numbered in such manner as the Fiscal Agent shall determine. Section 2.03 Designation of Paying Agent and Note Registrar. Pursuant to K.S.A. 10-620 et seq., the Governing Body has elected to have the provisions of the Kansas Bond Registration Law apply to the Notes. So long as the Notes remain in book-entry-only form, the City shall act as the Note Registrar, through the Office of the City Clerk and shall act as Paying Agent through the Department of Finance, and shall make payment directly to DTC, as the Owner, for the principal of and the interest on the Notes and DTC will remit such principal and interest to its Direct Participants for distribution to the beneficial owners in the manner set forth in the following Section 2.04(A) and as governed by the terms of the Letter of Representation. In the event that the Notes should be issued and delivered in certificated form at any time after the initial delivery of the Notes, the City has designated and appointed the Kansas State Treasurer, Topeka, Kansas (herein sometimes referred to as the "Fiscal Agent"), as Note Registrar and Paying Agent for the Notes and the Mayor and City Clerk, or such other officer of the City as may be directed by the Mayor, are authorized to execute on behalf of the City any necessary agreements with the Fiscal Agent to effectuate this designation. The Fiscal Agent shall maintain Registration Books for the ownership of the Notes on behalf of the City. Section 2.04 Method and Place of Payment of Principal and Interest on Notes. (A) Notes Issued and Delivered in Book-Entry-Only Form. One certificate registered in the name of DTC's nominee, Cede & Co., for the total principal amount of the Notes will be issued to DTC in New York, New York (or to the Fiscal Agent as agent for DTC) and such certificate will be immobilized in its custody. Purchases of the Notes in denominations permitted by Section 2.02 hereof must be made by or through Direct Participants of DTC, which will receive a credit for the Notes on DTC's records. The ownership interest of each actual purchaser of each Note (the "beneficial owner") is in turn to be recorded on the Direct and Indirect Participants' records. Transfers of ownership will be effected on the records of DTC and its Participants pursuant to the rules and procedures established by DTC and its Participants. Payment of principal and interest on the Notes will be made in same day funds directly to DTC. The transfer of principal and interest to Participants of DTC will be the responsibility of DTC; the transfer of principal and interest to beneficial owners by Participants of DTC will be the responsibility of such Participants. Neither the City nor the Paying Agent and Note Registrar will be responsible or liable for maintaining, supervising or reviewing the records maintained by DTC, its Participants or persons acting through such Participants. (B) In the Event Certificated Notes are Subsequently Issued. Principal of and interest on the Notes shall be payable in any coin or currency which, on the date of payment thereof, is legal tender for the payment of debts due in the United States of America. Principal of and interest on the Notes shall be paid to the owner of each Note upon presentation and surrender of the Note on the Maturity Date at the principal office of the Fiscal Agent. The Fiscal Agent shall maintain at its offices a record of the payment of principal and interest on the Notes. Section 2.05 Method of Execution and Authentication of Notes. The Notes shall be executed for and on behalf of the City by the manual or facsimile signatures of its Mayor and City Clerk, and shall have impressed or imprinted thereon a true impression or a printed facsimile of the City's official seal. The Notes shall be registered in the Office of the City Clerk, which registration shall be evidenced by the manual or facsimile signature of the City Clerk, on a Certificate of Registration printed on the Notes, with the City's official seal or a facsimile thereof, impressed or imprinted opposite said signature. The Notes shall be registered by the State Treasurer in the municipal bond register in her office, which registration shall be evidenced by the manual or facsimile signature of the State Treasurer and/or the Assistant State Treasurer on a Certificate of State Treasurer printed on the Notes, attested by a true impression or a printed facsimile of the State Treasurer's official seal opposite such signature. Additionally, the Notes shall be countersigned by the manual or facsimile signature of the City Clerk, which countersignature shall be attested by the City's official seal affixed or imprinted opposite said countersignature. Notwithstanding the provisions of the foregoing paragraph regarding the manner of and the method for the execution, registration and countersigning of the Notes, as a condition precedent to the authentication of the Notes by the Note Registrar and the issuance and delivery of the Notes to the Original Purchaser, one or more of the aforesaid signatures required to appear on the Notes shall be by manual signature of one or more of the aforementioned officials. In case any officer of the City or of the State whose manual or facsimile signature shall appear on the Notes shall cease to be such officer before the actual delivery of the Notes, such signature or facsimile thereof shall nevertheless be valid and sufficient for all purposes, the same as if such officer had remained in office until such delivery. No Note shall be valid or obligatory for any purpose unless and until the Certificate of Authentication thereon shall have been duly executed by the Fiscal Agent, and such duly executed Certificate of Authentication shall be conclusive evidence that it has been authenticated and delivered under this Resolution. The Certificate of Authentication shall be deemed to have been duly executed by the Fiscal Agent when manually signed by an authorized officer or signatory thereof, and it shall not be necessary that the same officer or signatory of the Fiscal Agent manually sign the Certificate of Authentication on all Notes issued under the Note Ordinance and this Resolution. For the initial delivery of the Notes, which will consist of one certificate in book-entry-only form as described in Section 2.04(A) hereof, the Notes shall be authenticated by the City Clerk. Section 2.06 Payment of Costs of Notes. The City shall pay all fees and expenses incurred in connection with the printing, issuance, transfer, exchange, registration and payment of the Notes except (i) reasonable fees and expenses in connection with the replacement of a Note or Notes mutilated, stolen, lost or destroyed, or (ii) any tax or other governmental charge imposed in relation to the transfer, exchange, registration or payment of the Notes, or (iii) any additional costs or fees that might be incurred in the secondary market. Section 2.07 Form of Notes. The definitive typewritten or printed form of the certificates representing the Notes issued under this Resolution, including the registration certificates and certificate of authentication thereon, shall be in the form required by the laws of the State of Kansas, and shall contain the usual and required recitals and provisions, including a recital that they are issued under the authority of the Act for the purpose of renewing portions of the principal amount of the Original Notes. The Governing Body hereby approves the form and text of the certificates to be prepared for the Notes, and hereby authorizes, orders and directs Bond Counsel to prepare the certificates to be used for the initial delivery of the Notes and hereby further authorizes, orders and directs Bond Counsel, in the event the Notes in certificated form are issued at any time after the initial issuance and delivery of the Notes, to prepare the form of and cause such certificated Notes to be printed. Section 2.08 Registration, Transfer and Exchange of Notes. The Notes may be transferred only upon the Registration Books and upon the surrender thereof to the Fiscal Agent duly endorsed for transfer or accompanied by an assignment duly executed by the Owner thereof, or his agent, in such form as shall be satisfactory to the Fiscal Agent. Upon the surrender for transfer of any certificated Note at its office, the Fiscal Agent shall authenticate and deliver in the name of the transferee or transferees a new certificated Note or Notes of authorized denominations in the aggregate principal amount of the surrendered certificated Note. The Fiscal Agent may require payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation to such transfer or exchange. Upon the presentation of the necessary documents as hereinbefore described at the principal office of the Fiscal Agent, the Fiscal Agent shall transfer or exchange any Note(s) for new Note(s) in an authorized denomination of the same maturity and for the same aggregate principal amount as the Note(s) presented for transfer or exchange. All Notes presented for transfer or exchange shall be surrendered to the Fiscal Agent for cancellation. Prior to delivery of any new Note(s) to the transferee, the Fiscal Agent shall register the same in the Registration Books and shall authenticate each such new Note. The City and the Fiscal Agent shall not be required to issue, register, transfer or exchange any Notes during a period beginning on the day following the Record Date preceding any Interest Payment Date and ending at the close of business on the Interest Payment Date. Notes delivered upon any transfer or exchange shall be valid obligations of the City, evidencing the same debt as the Notes surrendered, shall be secured by the Note Ordinance and this Resolution and shall be entitled to all of the security and benefits hereof and pledges made herein to the same extent as the Notes surrendered. The person(s) in whose name any Note is registered as shown on the Registration Books shall be deemed and regarded as the absolute Owner thereof for all purposes. Payment of, or on account of the principal of and the interest on any Note shall be made only to or upon the order of the Owner or his duly authorized agent; except that, so long as the Notes remain issued in book-entry-only form, DTC shall be considered to be the Owner of the Notes, and such payments shall be made only to DTC in accordance with Section 2.04(A) of this Resolution. All such payments shall be valid and effectual to satisfy and discharge the City's liability upon such Note, including the interest thereon, to the extent of the sum or sums so paid. Section 2.09 Mutilated, Lost, Stolen or Destroyed Notes. In the event any certificate representing a Note is mutilated, lost, stolen or destroyed, the City shall execute, and the Note Registrar shall authenticate and deliver, a new certificate of like date, maturity, denomination and interest rate as that mutilated, lost, stolen or destroyed; provided, that in the case of any mutilated Note, such mutilated Note shall first be surrendered to the Note Registrar, and, in the case of any lost, stolen or destroyed Note there shall first be furnished to the Note Registrar and the City, evidence of such loss, theft or destruction satisfactory to them, together with an indemnity satisfactory to the City and the Note Registrar. In the event any such Note shall have matured, instead of issuing a duplicate note the City may pay the same without the surrender thereof. The City and the Note Registrar may charge to the Owner of such Note their reasonable fees and expenses in connection with the replacement of such Note or Notes. Section 2.10 Surrender and Cancellation of Notes. Whenever any Outstanding Note shall be delivered to the Note Registrar after full payment thereof or for replacement pursuant to this Resolution, such Note shall be canceled and destroyed by the Note Registrar and counterparts of a Certificate of Destruction describing Notes so destroyed and evidencing such destruction shall be furnished by the Note Registrar to the City, or such Note shall be canceled and the canceled Note shall be returned to the City. Section 2.11 Execution and Delivery of the Notes. The Mayor and City Clerk are hereby empowered, authorized and directed to prepare and execute the Notes without unnecessary delay in the form and manner hereinbefore specified, including a reasonable quantity of replacement note certificates for use in exchanges, transfers and replacements in accordance with the provisions of this Resolution and when executed the Notes shall be registered in the Office of the City Clerk and in the Office of the State Treasurer, as required by law and as hereinbefore provided, and shall thereupon be deposited with the Note Registrar for authentication. When the Notes shall have been so executed, registered and authenticated, they shall be delivered at one time to or upon the order of the Original Purchaser, but only upon receipt by the City of the Purchase Price therefor and the proceeds of the Notes shall immediately be applied by the City as hereinafter in this Resolution provided. Section 2.12 Official Statement. The Governing Body hereby approves the form and content of the "deemed final" Preliminary Official Statement prepared for use in the initial offering and sale of the Notes, and the form and content of any addenda, supplement, or amendment thereto necessary to conform the offering document to the terms of this Resolution, to include information newly available due to assignment of ratings by one or more rating agencies, or incorporate such other minor corrections or additions as may be approved by the City's debt coordinator, including specifically the insertion of interest rates and yields for the Notes. The lawful use of the final Official Statement in the reoffering of the Notes by the Original Purchaser is hereby approved and authorized. ARTICLE III FUNDS AND ACCOUNTS Section 3.01 Creation of Account. Simultaneously with the issuance and delivery of the Notes, there shall be created within the Treasury of the City, the Principal and Interest Account for the City of Wichita, Kansas, General Obligation Renewal Temporary Notes, Series 217 (Taxable Under Federal Law) to be created within the City's Capital Project Fund. Section 3.02 Administration of Account. The account established and created by this Article shall be administered in accordance with the provisions of this Resolution for so long as any of the Notes remain Outstanding. ARTICLE IV APPLICATION OF NOTE PROCEEDS; DISPOSITION OF MONEYS IN FUNDS AND ACCOUNTS Section 4.01 Application of Note Proceeds. Upon the issuance and delivery of the Notes, the proceeds thereof shall be deposited into the Treasury of the City and credited to the various funds and accounts created by Article III of this Resolution, as follows: (A) To the Principal and Interest Account, the portion of the Purchase Price which represents accrued interest paid on the Notes, and the portion of the Purchase Price which represents the premium, if any, paid on the Notes; and (B) To the Redemption Fund, the sum of $4,390,000. Section 4.02 Disposition of Principal and Interest Account. Moneys deposited in the Principal and Interest Account from the proceeds of the Notes, as provided by clause (A) of the preceding Section, shall be used exclusively for the payment of interest on the Notes on the first Interest Payment Date. Moneys deposited in the Principal and Interest Account from other sources, as provided by the succeeding Sections or elsewhere in this Resolution, shall be used exclusively for the payment of the principal of and the interest on the Notes, and for payment of the usual and customary fees and expenses of the Fiscal Agent. Upon the issuance of the City's general obligation bonds and/or future renewal temporary notes, as the case may be, for the purpose of paying the Notes, or any portion thereof, the proceeds from such general obligation bonds and/or renewal temporary notes shall be deposited into the Principal and Interest Account. Any other sums of moneys which are designed for payment of the costs of the Original Improvements, if any, shall likewise be deposited into the Principal and Interest Account. Section 4.03 Withdrawals from Principal and Interest Account; Transfer of Funds to Fiscal Agent. The Director of Finance is hereby authorized and directed to cause to be withdrawn from the Principal and Interest Account and forwarded to the Paying Agent, a sum sufficient in amount to pay the principal of and the interest on the Notes on the Maturity Date together with such sum as may be required to pay the fees and charges of the Fiscal Agent, if any, for acting in such capacity, and the sum for charges of the Fiscal Agent shall be forwarded to the Fiscal Agent over and above the amount required to pay the Notes as aforesaid. If, through the lapse of time or otherwise, the Owner of any Note shall no longer be entitled to enforce payment of such Note, it shall be the duty of the Paying Agent to forthwith return such unexpended funds to the City. All moneys transferred to the Paying Agent shall be deemed to be deposited in accordance with and subject to all of the provisions contained in this Resolution, and shall be deemed to be deposited with the Paying Agent in trust for and on behalf of the Owners of the Notes. Section 4.04 Surplus in Principal and Interest Account. Any moneys remaining in the Principal and Interest Account, from whatever source, from and after the retirement of all general obligation Note issues of the City shall be transferred and paid into the General Fund of the City. Section 4.05 Disposition of Redemption Fund. The portion of the proceeds of the Notes deposited into the Redemption Fund as provided by the preceding Section 4.01 shall be used solely for the purpose of paying the portion of the principal amount of the Original Notes issued for the Original Improvements. ARTICLE V DEPOSITS AND INVESTMENT OF MONEYS Section 5.01 Deposits. Cash moneys in each of the funds and accounts created and established by this Resolution shall be deposited in a bank(s) or Federal or state chartered savings and loan association(s) with offices located within Sedgwick County, Kansas, whose deposits are insured by Federal Deposit Insurance Corporation, and all such deposits shall be adequately secured by the bank(s) or savings and loan association(s) holding such deposits in accordance with the laws of the State. Section 5.02 Investments. Moneys held in the funds and accounts created and established by this Resolution may be invested by the City in Authorized Investments, or in other investments allowed by the laws of the State, in such amounts and maturing at such times as shall reasonably provide for moneys to be available when required in said funds and accounts; provided, however, that no such investment shall be made for a period extending longer than to the date when the moneys so invested may be needed in the fund or account for the purpose for which it was created and established. All interest on any Authorized Investment made from the moneys in any fund or account created and established by this Resolution shall accrue to and become a part of such originating fund or account. The Value of the investments held in the funds and accounts under the provisions of this Resolution, shall be determined as of the end of each calendar month. ARTICLE VI PROVISION FOR PAYMENT OF NOTES Section 6.01 Levy and Collection of Annual Taxes. Pursuant to the Note Ordinance, the Governing Body covenants that it shall make provision for the payment of the principal of and the interest on the Notes on the Maturity Date by the issuance of renewal temporary notes for that purpose or by the issuance of general obligation bonds of the City, as is warranted by the circumstances then existing; and further provided, that if the proceeds of such renewal temporary notes or general obligation bonds are insufficient to fully pay the maturing principal of and interest on the Notes on the Maturity Date, then said Governing Body shall levy ad valorem taxes upon all of the taxable tangible property located within the territorial limits of the City in such amounts as are necessary to rectify any deficiency in the amounts available for the payment of the Notes. It is further anticipated that the Notes will be payable from tax increment revenues generated from a certain tax increment district in the City. Section 6.02 Disposition of Taxes; Untimely Receipt. The proceeds derived from the various sources identified in the preceding Section shall be deposited into the Principal and Interest Account when received; and shall be used to pay the principal of and the interest on the Notes on the Maturity Date; provided, if on the Maturity Date the amount in the Principal and Interest Account shall be insufficient to make the payments of the principal of and the interest on the Notes because of an untimely collection and/or receipt of moneys from said sources, the Director of Finance is authorized to cause to be transferred to the Principal and Interest Account from the City's general funds, the amount required for such payments and to then reimburse the City's general funds for such expended amounts immediately upon the collection and receipt of said moneys. ARTICLE VII DEFAULT AND REMEDIES Section 7.01 Resolution Constitutes Contract; Remedies of Owners. The provisions of the Note Ordinance and this Resolution, and all of the covenants and agreements therein and herein contained, shall constitute a contract between the City and the Owners, and the Owner or Owners of any of the Notes at the time Outstanding shall have the right, for the equal benefit and protection of all Owners similarly situated: (A) By mandamus or other suit, action or proceedings at law or in equity to enforce his or their rights against the City and its officers, agents and employees, and to require and compel the City and its officers, agents and employees to perform all duties and obligations required by the provisions of the Note Ordinance and this Resolution or by the constitution and laws of the State; (B) By suit, action or other proceedings in equity or at law to require the City, its officers, agents and employees to account as if they were the trustees of an express trust; and (C) By suit, action or other proceedings in equity or at law to enjoin any acts or things which may be unlawful or in violation of the rights of the Owners. Section 7.02 Rights of Owners; Limitations. The covenants and agreements of the City contained herein, in the Note Ordinance and in the Notes shall be for the equal benefit, protection and security of the Owners of any or all of the Notes, all of which Notes shall be of equal rank and without preference or priority of any one Note over any other Note in the application of the moneys herein pledged to the payment of the principal of and the interest on the Notes, or otherwise, except as provided in this Resolution. No one or more of the Owners secured hereby shall have any right in any manner whatsoever by his or their action to affect, disturb or prejudice the security granted and provided for herein, or to enforce any right hereunder, except in the manner herein provided, and all proceedings at law or in equity shall be instituted, had and maintained for the equal benefit of all Owners of the Outstanding Notes. Nothing in this Resolution, in the Note Ordinance or in the Notes shall affect or impair the obligations of the City to pay on the respective dates of maturity thereof, the principal of and the interest on the Notes to the respective Owners thereof or affect or impair the right of action of any Owner to enforce payment of the Notes held by him, or to reduce to judgment his claim against the City for payment of the principal of and interest on the Notes without reference to or consent of any other Owner. Section 7.03 Remedies Cumulative; Delay or Omission Not Waiver. No remedy herein conferred upon the Owners is intended to be exclusive of any other remedy or remedies, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute, and may be exercised without exhausting and without regard to any other remedy however given. No waiver by the Owner of any Note of any default or breach of duty or contract by the City shall extend to or affect any subsequent default or breach of duty or contract by the City or shall impair any rights or remedies therefor available to the Owners. No delay or omission of any Owner to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver of any such default or as an acquiescence therein. Every substantive right, power and remedy given by this Resolution to the Owners, respectively, may be exercised from time to time and as often as may be deemed expedient. In case any suit, action or other proceedings taken by any Owner on account of any default or to enforce any right or exercise any remedy shall have been discontinued or abandoned for any reason, or shall have been determined adversely to the Owner, then in every such case the City and the Owners shall be restored to their former positions and rights hereunder, respectively, and all rights, remedies, powers and duties of the Owners shall continue as though no such suit, action or other proceedings had been brought or taken. ARTICLE VIII AMENDMENTS Section 8.01 Amendments. The City may, without the consent of or notice to the Owners, amend or supplement the provisions of this Resolution (i) to cure any ambiguity herein or to correct or supplement any provision herein which may be inconsistent with any other provision herein or to correct errors, provided such action shall not materially adversely affect the interest of the Owners, or (ii) to grant or confer upon the Owners any additional rights, remedies, powers or security that may lawfully be granted or conferred upon the Owners, or (iii) to more precisely identify the Original Improvements, or (iv) to provide for the issuance of coupon Notes and the exchange of the fully registered Notes for coupon Notes upon such terms and conditions as the City shall determine. The rights and duties of the City and the Owners and the terms and provisions of this Resolution may be modified or altered in any respect by a resolution of the City with the consent of the Owners of not less than seventy-five percent (75%) in principal amount of the Notes then Outstanding, such consent to be evidenced by an instrument or instruments executed by the Owners and duly acknowledged or proved in the manner of a deed to be recorded, and such instrument or instruments shall be filed with the City Clerk; provided that, no such modification or alteration shall, except with the written consent of one hundred percent (100%) of the Owners of the Notes then Outstanding: (A) Extend the Maturity Date of any Note; (B) Effect a reduction in the amount which the City is required to pay by way of the principal of or the interest on any Note; (C) Permit a preference or priority of any Note or Notes over any other Note or Notes; or (D) Reduce the percentage of the principal amount of the then Outstanding Notes for which the written consent of the Owners is required for any modification or alteration of the provisions of this Resolution. Section 8.02 Written Evidence of Amendments. Any and all modifications or amendments to this Resolution or of the Notes shall be made in the manner hereinabove provided, and shall not become effective until there has been filed with the City Clerk a copy of the resolution of the City authorizing said modifications or amendments, as hereinabove provided for, duly certified, as well as proof of consent to such modifications or amendments by the Owners of not less than the percentage of the principal amount of Notes then Outstanding as hereinabove required. It shall not be necessary to note on any Outstanding Note any reference to such amendment or modification. A certified copy of every such amendatory or supplemental ordinance or resolution, if any, and a certified copy of the Note Ordinance and this Resolution, shall always be kept on file in the Office of the City Clerk and shall be made available for inspection by the Owner of any Note or the prospective purchaser or owner of any Note, and upon payment of the reasonable cost of preparing same, a certified copy of any such amendatory or supplemental ordinance or resolution of the Note Ordinance or this Resolution will be sent by the City Clerk to any such Owner or prospective Owner. ARTICLE IX DEFEASANCE Section 9.01 Defeasance. When all or any part of the principal of and the interest on the Notes shall have been paid and discharged, then the requirements contained herein and all other rights granted by the Note Ordinance and this Resolution shall cease and determine with respect to that principal and interest so paid. The Notes shall be deemed to have been paid and discharged within the meaning of this Resolution if there shall have been deposited with the Paying Agent or with a bank located in the State of Kansas and having full trust power; at or prior to the Maturity Date of the Notes, in trust for and irrevocably appropriated thereto, moneys and/or Government Obligations consisting of direct obligations of, or obligations the payment of the principal of and the interest on which are guaranteed by, the United States of America, or other investments allowed by the laws of the State, which together with the interest to be earned on such Government Obligations or other investments, will be sufficient for the payment of the principal of the Notes and the interest thereon to the Maturity Date; or if default in such payment shall have occurred on such date, then to the date of the tender of such payments. Any moneys and Government Obligations which at any time shall be deposited with the Paying Agent or a Kansas bank by or on behalf of the City, for the purpose of paying and discharging any of the Notes or interest thereon, shall be and are hereby assigned, transferred and set over to the Paying Agent or such Kansas bank in trust for the respective Owners of the Notes, and such moneys shall be and are hereby irrevocably appropriated to the payment and discharge thereof. All moneys and Government Obligations so deposited with the Paying Agent or a Kansas bank shall be deemed to be deposited in accordance with and subject to all of the provisions contained in this Resolution. ARTICLE X MISCELLANEOUS PROVISIONS Section 10.01 Severability. In case any one or more of the provisions of the Note Ordinance, this Resolution or of the Notes issued thereunder shall for any reason be held to be illegal or invalid, such illegality or invalidity shall not affect any other provision of the Note Ordinance, this Resolution or the Notes appertaining thereto, but the Note Ordinance, this Resolution and the Notes shall be construed and enforced as if such illegal or invalid provision had not been contained therein. In case any covenant, stipulation, obligation or agreement contained in the Notes or in the Note Ordinance or this Resolution shall for any reason be held to be in violation of law, then such covenant, stipulation, obligation or agreement shall be deemed to be the covenant, stipulation, obligation or agreement of the City to the full extent permitted by law. Section 10.02 Further Authority. The Governing Body hereby authorizes, orders and directs the Mayor to execute, and the City Clerk to attest by signing and affixing the official seal of the City, and thereupon deliver this Resolution. The Governing Body hereby further authorizes, orders and directs the Mayor and the City Clerk, or the Director of Finance, as appropriate, or such other officers, officials, agents and employees of the City as the Mayor may designate and direct, to execute and deliver any and all supporting documents and certificates required in the issuance of the Notes, including final certificates required to be included in the official Transcript of Proceedings relating to the authorization and issuance of the Notes, all for and on behalf of and as the act and deed of the City and without further action by the Governing Body, such documents to be in substantially the forms thereof as are presented to the Governing Body this date, with such minor corrections or amendments thereto as the Mayor shall approve, which approval shall be evidenced by his execution thereof and the Mayor and City Clerk, or the Director of Finance, as appropriate, or such other officers, officials, agents and employees of the City as the Mayor may designate and direct, are also authorized to execute and deliver such other documents, certificates and instruments as may be necessary or desirable in order to carry out, give effect to and comply with the intent of this Resolution and to give effect to the transactions contemplated hereby. The execution and attestation of this Resolution and such other documents, certificates and instruments as may be necessary or desirable to carry out, give effect to and comply with the intent of this Resolution, shall be conclusive as to the approval of said documents and each of them. The Governing Body shall, and the officers, agents and employees of the City are hereby authorized and directed to, take such actions, expend such funds and execute such other documents, certificates and instruments as may be necessary or desirable to carry out, give effect to and comply with the provisions of and transactions contemplated by this Resolution and to carry out, give effect to and comply with and perform the duties of the City with respect to the Notes and the Official Statement. Section 10.03 Governing Law. This Resolution, the Note Ordinance and the Notes shall be governed exclusively by and shall be construed in accordance with the applicable laws of the State. Section 10.04 Effective Date. This Resolution shall be in force and take effect from and after its adoption and approval by the Governing Body of the City. ADOPTED AND APPROVED by the Governing Body of the City of Wichita, Kansas, on July 11, 2006. Carlos Mayans, Mayor (Seal) ATTEST: Karen Sublett, City Clerk APPROVED AS TO FORM: Gary E. Rebenstorf, Director of Law RESOLUTION NO. 06-___ OF THE CITY OF WICHITA, KANSAS, AS ADOPTED JULY 11, 2006, AUTHORIZING THE ISSUANCE OF $10,575,000 GENERAL OBLIGATION BONDS SERIES 786 DATED AS OF AUGUST 1, 2006 TABLE OF CONTENTS Title 1 Recitals 1 ARTICLE I DEFINITIONS Section 1.01 Definitions of Words and Terms 1 ARTICLE II AUTHORIZATION, ISSUANCE AND DELIVERY OF BONDS Section 2.01 Authorization of and Security for Bonds 7 Section 2.02 Description and Details of Bonds 8 Section 2.03 Designation of Paying Agent and Bond Registrar 9 Section 2.04 Method and Place of Payment of Principal and Interest on Bonds 10 Section 2.05 Method of Execution and Authentication of Bonds 10 Section 2.06 Payment of Costs of Bonds 11 Section 2.07 Form of Bonds 11 Section 2.08 Registration, Transfer and Exchange of Bonds 11 Section 2.09 Mutilated, Lost, Stolen or Destroyed Bonds 12 Section 2.10 Surrender and Cancellation of Bonds 12 Section 2.11 Execution and Delivery of Bonds 13 Section 2.12 Official Statement 13 ARTICLE III REDEMPTION OF BONDS Section 3.01 Optional Redemption 13 Section 3.02 Selection of Bonds to be Redeemed 14 Section 3.03 Notice of Redemption 14 Section 3.04 Deposit of Moneys for and Payment of Redemption Price 14 Section 3.05 Effect of Call for Redemption 15 ARTICLE IV FUNDS AND ACCOUNTS Section 4.01 Creation of Funds and Accounts 15 Section 4.02 Administration of Funds and Accounts 15 ARTICLE V APPLICATION OF BOND PROCEEDS; DISPOSITION OF MONEYS IN FUNDS AND ACCOUNTS Section 5.01 Application of Bond Proceeds 15 Section 5.02 Disposition of Principal and Interest Account 16 Section 5.03 Withdrawals from Principal and Interest Account; Transfer of Funds to Fiscal Agent 16 Section 5.04 Surplus in Principal and Interest Account 16 Section 5.05 Disposition of Improvement Account 16 Section 5.06 Withdrawals from Improvement Account 16 Section 5.07 Surplus in Improvement Account 17 ARTICLE VI DEPOSITS AND INVESTMENT OF MONEYS Section 6.01 Deposits 17 Section 6.02 Investments 17 Section 6.03 Deposits Into and Application of Moneys in Excess Earnings Account 17 ARTICLE VII PROVISION FOR PAYMENT OF BONDS Section 7.01 Levy and Collection of Annual Taxes 18 Section 7.02 Disposition of Taxes; Untimely Receipt 19 ARTICLE VIII DEFAULT AND REMEDIES Section 8.01 Resolution Constitutes Contract; Remedies of Owners 19 Section 8.02 Rights of Owners; Limitations 19 Section 8.03 Remedies Cumulative; Delay or Omission Not Waiver 20 ARTICLE IX AMENDMENTS Section 9.01 Amendments 20 Section 9.02 Written Evidence of Amendments 21 ARTICLE X DEFEASANCE Section 10.01 Defeasance 22 ARTICLE XI MISCELLANEOUS PROVISIONS Section 11.01 Tax Covenants 22 Section 11.02 Severability 23 Section 11.03 Further Authority 23 Section 11.04 Governing Law 24 Section 11.05 Effective Date 24 Signatures 25 Schedule I: The Improvements RESOLUTION NO.06-___ A RESOLUTION PROVIDING FOR THE ISSUANCE OF GENERAL OBLIGATION BONDS, SERIES 786, OF THE CITY OF WICHITA, KANSAS, IN THE TOTAL PRINCIPAL AMOUNT OF $10,575,000, FOR THE PURPOSE OF PROVIDING THE NECESSARY FUNDS TO PAY COSTS IN CONNECTION WITH THE MAKING OF CAPITAL IMPROVEMENTS IN THE CITY; PRESCRIBING THE TERMS AND DETAILS OF THE BONDS; AND MAKING CERTAIN OTHER COVENANTS AND AGREEMENTS WITH RESPECT TO THE BONDS. WHEREAS, the Governing Body of the City of Wichita, Kansas (the "City"), pursuant to Ordinance No. __________ duly passed July 11, 2006 (the "Bond Ordinance"), has authorized the issuance of the Bonds in the aggregate principal amount of $10,575,000 and provided for the levy and collection of an annual tax for the purpose of providing for the payment of the principal of and interest on the Bonds; and WHEREAS, in accordance with the provisions of the Bond Ordinance, the Governing Body hereby finds and determines that it is necessary to prescribe the terms and details of the Bonds pursuant to this Resolution, and to make certain other covenants and agreements with respect thereto; THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF WICHITA, KANSAS: ARTICLE I DEFINITIONS Section 1.01 Definitions of Words and Terms. In addition to words and terms elsewhere defined in this Resolution, the following words and terms as used herein, whether or not the words have initial capitals, shall have the following meanings unless the context or use indicates another or different meaning or intent, and such definitions shall be equally applicable to both the singular and plural forms of any of the words and terms herein defined: "Act" shall mean K.S.A. 10-101 et seq., as amended and supplemented, and K.S.A. 12-6a01 et seq., as amended and supplemented, under the authority of which statutes the Improvements are authorized and the Bonds are issued. "Authentication Date" shall mean the date on which a Bond is registered and authenticated by the Fiscal Agent as shown on a Certificate of Authentication printed on the Bond. "Authorized Investments" shall mean any of the following securities, and to the extent the same are at the time permitted for investment of funds held by the City pursuant to this Resolution: (A) For all purposes, including as defeasance investments in refunding escrow accounts: (1) Cash (insured at all times by the Federal Deposit Insurance Corporation or otherwise collateralized with obligations described in the following paragraph (2)), or (2) Direct obligations of (including obligations issued or held in book entry form on the books of) the Department of the Treasury of the United States of America; and (B) For all purposes other than defeasance investments in refunding escrow accounts: (1) Obligations of any of the following Federal agencies which obligations represent the full faith and credit of the United States of America, including: -- Export - Import Bank -- Farmers Home Administration -- General Services Administration -- U. S. Maritime Administration -- Small Business Administration -- Government National Mortgage Association (GNMA) -- U. S. Department of Housing & Urban Development (PHA's) -- Federal Housing Administration; (2) Bonds, notes or other evidences of indebtedness rated "AA" by Standard & Poor's, a Division of the McGraw-Hill Companies ("S&P") and "Aa2" by Moody's Investor Services ("Moody's") issued by the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation with remaining maturities not exceeding four years; (3) Investments in shares or units of a money market fund or trust, the portfolio of which is comprised entirely of securities in direct obligations of the United States Government or any agency thereof or obligations of the Federal National Mortgage Association, Federal Home Loan Banks or Federal Home Loan Mortgage Corporation; (4) Pre-refunded Municipal Obligations defined as follows: Any bonds or other obligations of the State of Kansas or of any agency, instrumentality or local governmental unit of such State which are not callable at the option of the obligor prior to maturity or as to which irrevocable instructions have been given by the obligor to call on the date specified in the notice; and (A) which are rated, based on an irrevocable escrow account or fund (the "escrow"), in the highest rating category of S&P and Moody's, or any successors thereto; or (B) (i) which are fully secured as to principal and interest and redemption premium, if any, by an escrow consisting only of cash or obligations described in paragraph (1) above, which escrow may be applied only to the payment of such principal of and interest and redemption premium, if any, on such bonds or other obligations on the maturity date or dates thereof or the specified redemption date or dates pursuant to such irrevocable instructions, as appropriate, and (ii) which escrow is sufficient, as verified by a nationally recognized independent certified public accountant, to pay principal of and interest and redemption premium, if any, on the bonds or other obligations described in this paragraph on the maturity date or dates thereof or on the redemption date or dates specified in the irrevocable instructions referred to above, as appropriate; (5) Investment agreements with or other obligations of a financial institution the obligations of which at the time of investment are rated in any of the three highest rating categories by Moody's or S&P; (6) Repurchase agreements secured by direct obligations of the United States Government or any agency thereof or obligations of the Federal National Mortgage Association, Federal Home Loan Banks or Federal Home Loan Mortgage Corporation; and (7) Receipts evidencing ownership interests in securities or portions thereof in direct obligations of the United States Government or any agency thereof or obligations of the Federal National Mortgage Association, Federal Home Loan Banks or Federal Home Loan Mortgage Corporation. (C) The value of the above investments shall be determined as of the end of each month. (See the definition of "Value" herein.) "Bond Counsel" shall mean Kutak Rock LLP, Kansas City, Missouri, or any other attorney or firm of attorneys whose expertise in matters relating to the issuance of obligations by states and their political subdivisions is nationally recognized and acceptable to the City. "Bond Ordinance' shall mean Ordinance No. ________ of the City, passed by the Governing Body on July 11, 2006, and authorizing and providing for the issuance of the Bonds. "Bond Registrar" shall mean the Treasurer of the State of Kansas, Topeka, Kansas, and its successors and assigns. "Bondowner(s)" shall mean the Owner(s) of the Bonds. "Bonds" shall mean the $10,575,000 original principal amount of General Obligation Bonds, Series 786, dated August 1, 2006, of the City of Wichita, Kansas, which are authorized by and will be issued pursuant to the authority of the Bond Ordinance and this Resolution. "Certificate as to Arbitrage and Related Tax Matters" shall mean the Certificate as to Arbitrage and Related Tax Matters, dated as of and delivered on the Date of Issuance, executed by the City, relating to certain matters within the scope of Section 148 of the Code, as the same may be amended or supplemented in accordance with its terms. "City" shall mean the City of Wichita, Kansas. "City Clerk" shall mean the duly appointed and acting City Clerk of the City, or in the City Clerk's absence (or in the event of a vacancy in such office) any Deputy City Clerk or Acting City Clerk of the City. "Code" shall mean the Internal Revenue Code of 1986, as amended, or such other general Federal tax code as shall be adopted by the United States Congress in substitution therefor, together with regulations promulgated thereunder by the United States Department of the Treasury. "Costs of Issuance" shall mean any and all expenses of whatever nature incurred in connection with the issuance and sale of the Bonds, including, but not limited to, publication, printing, signing and mailing expenses, registration fees, fees and expenses of the Fiscal Agent, fees and expenses of Bond Counsel and other legal counsel, expenses incurred in connection with determining the Yield on the Bonds or investment of the proceeds of the Bonds, and in connection with receiving municipal bond insurance and/or ratings on the Bonds. An amount for Costs of Issuance has been factored into the total final cost of each capital improvement comprising the Improvements. "Date of Issuance" shall mean the date on which the Bonds are delivered to the Original Purchaser and the City receives from the Original Purchaser the full purchase price therefor. "Dated Date" shall mean the dated date of the Bonds which is August 1, 2006. "Debt Service" shall mean the scheduled amount of interest and maturing principal payable on the Bonds for a single Bond Year, as described in the Code. "Debt Service Fund" shall mean the Debt Service Fund of the City created, held and administered solely for the purpose of receiving and disbursing funds for the payment of the City's general obligation indebtedness. "Direct Participants" shall have the meaning set forth in and defined by the Letter of Representation. "Director of Finance" shall mean the duly appointed and acting Director of Finance of the City, or in the Director of Finance's absence, the duly appointed Assistant Director of Finance or Acting Director of Finance of the City. "DTC" shall mean The Depository Trust Company and its successors or assigns. "Excess Earnings Account" shall mean the Excess Earnings Account created pursuant to Article IV hereof. "Fiscal Agent" shall mean the Bond Registrar and/or the Paying Agent. "Fiscal Year" shall mean the fiscal year of the City, currently being the 12-months ending each December 31. "Governing Body" shall mean the duly elected and/or appointed and acting persons comprising the City Council of the City. "Government Obligations" means (i) cash (insured at all times by the Federal Deposit Insurance Corporation or otherwise collateralized with obligations described in the following phrase (ii)), or (ii) direct obligations of the United States of America (including obligations issued or held in book-entry form on the books of (the Department of the Treasury of the United States of America). "Improvement Account" shall mean the Improvement Account for the Improvements created by Article IV hereof. "Improvement Costs" shall mean the amount of capital expenditures for an Improvement, including interest during construction, which has been authorized to be paid by the City by an ordinance or resolution of the City, including expenditures made to redeem outstanding notes issued to pay for such improvement and Costs of Issuance of the Bonds, less (a) the amount of any notes or bonds of the City which are currently outstanding and available to pay such Improvement Costs and (b) any Improvement Costs which have been previously paid by the City or by any eligible source of funds unless such amounts are entitled to be reimbursed under State and Federal law. "Improvements" shall mean the capital improvements constructed in the City as described on Schedule I hereto. "Indirect Participants" shall have the meaning set forth in and defined by the Letter of Representation. "Interest Payment Dates" shall be March 1 and September 1 of each year commencing September 1, 2007, and ending September 1, 2021, or until such other date as all of the Bonds shall have been paid or provision for such payment has been made. "Letter of Representation" shall mean that certain Letter of Representation between the City and DTC with respect to the Bonds. "Mayor" shall mean the duly elected and acting Mayor of the City or in the Mayor's absence, the duly appointed and/or elected Vice Mayor or Acting Mayor of the City. "Original Proceeds" shall mean all of the proceeds, including accrued interest, derived from the sale of the Bonds to the Original Purchaser. "Original Purchaser" shall mean _____________________, _______, _______. "Outstanding," when used with reference to the Bonds, shall mean, as of a particular date, all Bonds theretofore authenticated and delivered under this Resolution, except (i) Bonds theretofore canceled by the Fiscal Agent or delivered to the Fiscal Agent for cancellation, (ii) Bonds for which payment or redemption moneys or Government Obligations (the principal of and the interest on which Government Obligations, if any, when due, provide sufficient moneys to pay, with such other moneys so deposited with the Fiscal Agent, the principal, redemption premium, if any, and interest on the Bonds being paid or redeemed), or both, in the necessary amount have theretofore been deposited with the Fiscal Agent, or other depository as provided in this Resolution, in trust for the Owners thereof (whether upon or prior to maturity or the Redemption Date of the Bonds), and (iii) Bonds in exchange for or in lieu of which other Bonds have been authenticated and delivered pursuant to this Resolution. "Owner(s)" or "Registered Owner(s)" shall mean, when used with respect to any Bond, the person or entity in whose name the Bond is registered as shown on the Registration Books maintained by the Fiscal Agent. "Participants" shall have the meaning set forth in and defined by the Letter of Representation. "Paying Agent" shall mean the Treasurer of the State of Kansas, Topeka, Kansas, and its successors and assigns. "Principal and Interest Account" shall mean the Principal and Interest Account created within the City's Debt Service Fund pursuant to Article IV hereof, which is created and shall be held and administered solely for the purpose of receiving and disbursing funds for the payment of the Bonds. "Principal Payment Date" shall mean September 1 of each year, commencing September 1, 2007, and ending September 1, 2021, or until such other date as all of the Bonds shall have been paid or provision for such payment has been made. "Purchase Price" shall mean the purchase price paid by the Original Purchaser to the City for the Bonds and is calculated as being the par value of the Bonds, plus accrued interest from the Dated Date to the Date of Issuance, plus any premium. "Record Date" shall mean the 15th day of a month next preceding an Interest Payment Date. "Registration Books" shall mean the books maintained on behalf of the City by the Fiscal Agent for the registration and transfer from time to time of the ownership of the Bonds. "Resolution" or "Bond Resolution" shall mean this Resolution No. R-06-____, adopted by the Governing Body of the City on July 11, 2006, prescribing the terms and details of the Bonds. "State" shall mean the State of Kansas. "Value" shall mean the value of the Authorized Investments (which Value shall be determined as of the end of each month), calculated as follows: (A) As to investments the bid and asked prices of which are published on a regular basis in The Wall Street Journal (or, if not there, then in The New York Times) -- the average of the bid and asked prices for such investments so published on or most recently prior to such time of determination, (B) As to investments the bid and asked prices of which are not published on a regular basis in The Wall Street Journal or in The New York Times -- the average bid price at such time of determination for such investments by any two nationally recognized government securities dealers (selected by the City in its absolute discretion) at the time making a market in such investments or the bid price published by a nationally recognized pricing service, and (C) As to certificates of deposit and bankers acceptances - the face amount thereof, plus accrued interest. ARTICLE II AUTHORIZATION, ISSUANCE AND DELIVERY OF BONDS Section 2.01 Authorization of and Security for Bonds. Pursuant to the Bond Ordinance, the Governing Body has authorized, ordered and directed that in order to provide the necessary funds to pay the Improvement Costs, there shall be issued general obligation bonds of the City (the "Bonds"). In all matters relating to the issuance, registration and delivery of the Bonds, the City shall comply with the provisions, requirements and restrictions of K.S.A. 10-101 et seq., as amended and supplemented. The Bonds shall be and constitute valid and legally binding general obligations of the City, and shall be payable as to both the principal of and the interest thereon from the collection of special assessment taxes which have been levied against real properties in the City which benefited from the Improvements, and if not so paid, then said principal and interest shall be paid from ad valorem taxes which may be levied without limitation as to rate or amount upon all of the taxable tangible property within the territorial limits of the City. Pursuant to the Bond Ordinance, the full faith, credit and resources of the City are irrevocably pledged to secure the prompt payment of the principal of and the interest on the Bonds as the same severally becomes due and payable. Section 2.02 Description and Details of Bonds. The Bonds shall be issued in the total principal amount of $10,575,000 and shall be designated "City of Wichita, Kansas, General Obligation Bonds, Series 786." The Bonds shall be issued in denominations of $5,000, or integral multiples thereof not exceeding the principal amount of Bonds maturing on the respective Principal Payment Dates, and shall be numbered in such manner as the Fiscal Agent shall determine. The Bonds shall be dated as of August 1, 2006 (the "Dated Date"), and shall mature on September 1 (the "Principal Payment Date") in the years and in the principal amounts and shall bear interest at the respective rates per annum (computed on the basis of a 360-day year of twelve 30-day months) as follows: Series 786 Bonds Maturity Schedule Principal Payment Date Amount of Principal Payment Interstate Per Annum September 1, 2007 $510,000 % September 1, 2008 535,000 % September 1, 2009 555,000 % September 1, 2010 580,000 % September 1, 2011 610,000 % September 1, 2012 635,000 % September 1, 2013 665,000 % September 1, 2014 690,000 % September 1, 2015 725,000 % September 1, 2016 755,000 % September 1, 2017 790,000 % September 1, 2018 825,000 % September 1, 2019 860,000 % September 1, 2020 900,000 % September 1, 2021 940,000 % The Bonds shall bear interest from the Interest Payment Date immediately preceding their effective Date of Authentication unless such effective Date of Authentication shall be prior to the first Interest Payment Date in which case the Bonds shall bear interest from the Dated Date. The Bonds will be issued and distributed in book-entry-only form through DTC, by depositing with DTC (or the Fiscal Agent as agent for DTC) one certificate for each maturity in fully registered form, registered in the name of DTC's nominee, Cede & Co., in an amount equal to the total principal amount of the Bonds maturing on the respective Principal Payment Dates as authorized herein. The manner of payment of the principal of and the interest on the Bonds to DTC, and other matters relating to the distribution of the Bonds in book-entry-only form through DTC, shall be governed by the Letter of Representation, which the Director of Finance is hereby authorized to execute and deliver on behalf of the City. Subject to the operational arrangements of DTC, in the event (i) DTC determines not to continue to act as securities depository for the Bonds, or (ii) the City determines that continuation of the book-entry-only system of evidence and transfer of ownership of the Bonds would adversely affect the interests of the beneficial owners of the Bonds, the City will discontinue the book-entry-only system with DTC. If the City fails to identify another qualified securities depository to replace DTC, the City will cause replacement Bonds in the form of fully registered certificates in denominations of $5,000, or integral multiples thereof not exceeding the principal amount thereof maturing on any Principal Payment Date, to be authenticated and delivered to the beneficial owners (to the extent such beneficial owners can be identified by the City). If issued in certificated form, the certificates representing the Bonds shall be numbered in such manner as the Bond Registrar shall determine. Section 2.03 Designation of Paying Agent and Bond Registrar. Pursuant to K.S.A. 10-620 et seq., the Governing Body has elected to have the provisions of the Kansas Bond Registration Law apply to the Bonds. The Treasurer of the State of Kansas, Topeka, Kansas, has been designated as the initial Paying Agent and Bond Registrar for the Bonds; provided, however, the City reserves the right, in its sole discretion, to designate successor Paying Agents and Bond Registrars with respect to the Bonds upon fifteen (15) days' written notice to the then acting Paying Agent and Bond Registrar. The Mayor and City Clerk are authorized and empowered to execute on behalf of the City all necessary agreements with the initial or any successor Bond Registrar and Paying Agent in connection with such designation. The Paying Agent shall make payment directly to DTC, as the Owner, for the principal of and the interest on the Bonds and DTC will remit such principal and interest to its Direct Participants for distribution to the beneficial owners in the manner set forth in the following Section 2.04(A) and as governed by the terms of the Letter of Representation. In the event that the Bonds should be issued and delivered in certificated form at any time after the initial delivery of the Bonds, the Fiscal Agent shall maintain Registration Books for the ownership of the Bonds on behalf of the City and the Paying Agent will make payment for the Bonds directly to the Owners as shown by said Registration Books in the manner set forth in the following Section 2.04(B). Section 2.04 Method and Place of Payment of Principal and Interest on Bonds. (A) Bonds Issued and Delivered in Book-Entry-Only Form. One certificate per maturity registered in the name of DTC's nominee, Cede & Co., for the total principal amount of the Bonds maturing on the respective Principal Payment Dates will be issued to DTC in New York, New York (or to the Fiscal Agent as agent for DTC) and such certificates will be immobilized in its custody. Purchases of the Bonds in denominations permitted by Section 2.02 hereof must be made by or through Direct Participants of DTC, which will receive a credit for the Bonds on DTC's records. The ownership interest of each actual purchaser of each Bond (the "beneficial owner") is in turn to be recorded on the Direct and Indirect Participants' records. Transfers of ownership will be effected on the records of DTC and its Participants pursuant to the rules and procedures established by DTC and its Participants. Payment of principal and interest on the Bonds will be made in same day funds directly to DTC. The transfer of principal and interest to Participants of DTC will be the responsibility of DTC; the transfer of principal and interest to beneficial owners by Participants of DTC will be the responsibility of such Participants. Neither the City nor the Paying Agent and Bond Registrar will be responsible or liable for maintaining, supervising or reviewing the records maintained by DTC, its Participants or persons acting through such Participants. (B) In the Event Certificated Bonds are Subsequently Issued. The principal of, premium, if any, and the interest on the Bonds shall be payable in lawful money of the United States of America by check or draft of the Paying Agent. The principal of and premium, if any, on the Bonds shall be paid to the Owner of each Bond upon presentation and surrender of the Bond to the Paying Agent for payment and cancellation on the maturity date or redemption date, as the case may be, of the Bond. The interest on the Bonds shall be mailed by the Paying Agent to the Owner of each Bond at the Owner's address as it appears on the Registration Books on the Record Dates, or at such other address as is provided in writing by such Owner to the Bond Registrar. Section 2.05 Method of Execution and Authentication of Bonds. The Bonds shall be executed for and on behalf of the City by the manual or facsimile signatures of its Mayor and City Clerk, and shall have impressed or imprinted thereon a true impression or a printed facsimile of the City's official seal. The Bonds shall be registered in the Office of the City Clerk, which registration shall be evidenced by the manual or facsimile signature of the City Clerk, on a Certificate of Registration printed on the Bonds, with the City's official seal or a facsimile thereof, impressed or imprinted opposite said signature. The Bonds shall be registered by the State Treasurer in the municipal bond register in her office, which registration shall be evidenced by the manual or facsimile signature of the State Treasurer and/or the Assistant State Treasurer on a Certificate of State Treasurer printed on the Bonds, attested by a true impression or a printed facsimile of the State Treasurer's official seal opposite such signature. In case any officer of the City or of the State whose manual or facsimile signature shall appear on the Bonds shall cease to be such officer before the actual delivery of the Bonds, such signature or facsimile thereof shall nevertheless be valid and sufficient for all purposes, the same as if such officer had remained in office until such delivery. No Bond shall be valid or obligatory for any purpose unless and until the Certificate of Authentication thereon shall have been duly executed by the Fiscal Agent, and such duly executed Certificate of Authentication shall be conclusive evidence that it has been authenticated and delivered under this Resolution. The Certificate of Authentication shall be deemed to have been duly executed by the Fiscal Agent when manually signed by an authorized officer or signatory thereof, and it shall not be necessary that the same officer or signatory of the Fiscal Agent manually sign the Certificate of Authentication on all Bonds issued under the Bond Ordinance and this Resolution. Section 2.06 Payment of Costs of Bonds. The City shall pay all fees and expenses incurred in connection with the printing, issuance, transfer, exchange, registration, redemption and payment of the Bonds, including the fees and expenses of the Fiscal Agent, except (i) reasonable fees and expenses in connection with the replacement of a Bond or Bonds mutilated, stolen, lost or destroyed, or (ii) any tax or other governmental charge imposed in relation to the transfer, exchange, registration, redemption or payment of the Bonds, or (iii) any additional costs or fees that might be incurred in the secondary market. Section 2.07 Form of Bonds. The definitive typewritten or printed form of the certificates representing the Bonds issued under this Resolution, including the registration certificates and certificate of authentication thereon, shall be in the form required by the laws of the State of Kansas, and shall contain the usual and required recitals and provisions, including a recital that they are issued under the authority of the Act. The Governing Body hereby approves the form and text of the certificates to be prepared for the Bonds, and hereby authorizes, orders and directs Bond Counsel to prepare the certificates to be used for the initial delivery of the Bonds and hereby further authorizes, orders and directs Bond Counsel, in the event the Bonds in certificated form are issued at any time after the initial issuance and delivery of the Bonds, to prepare the form of and cause such certificated Bonds to be printed. Section 2.08 Registration, Transfer and Exchange of Bonds. In the event the Bonds are subsequently issued in certificated form, the City shall cause books evidencing the registration and transfer of the ownership of the Bonds as provided in this Resolution to be kept by the Bond Registrar (the "Registration Books"), and the Bonds may be transferred only upon the Registration Books and upon the surrender thereof to the Bond Registrar duly endorsed for transfer or accompanied by an assignment duly executed by the Owner thereof, or his agent, in such form as shall be satisfactory to the Bond Registrar. Upon the surrender for transfer of any certificated Bond at its office, the Bond Registrar shall authenticate and deliver in the name of the transferee or transferees a new certificated Bond or Bonds of authorized denominations in the aggregate principal amount of the surrendered certificated Bond. The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation to such transfer or exchange. Upon the presentation of the necessary documents as hereinbefore described at the principal office of the Bond Registrar, the Bond Registrar shall transfer or exchange any Bond(s) for new Bond(s) in an authorized denomination of the same maturity and for the same aggregate principal amount as the Bond(s) presented for transfer or exchange, All Bonds presented for transfer or exchange shall be surrendered to the Bond Registrar for cancellation, Prior to delivery of any new Bond(s) to the transferee, the Bond Registrar shall register the same in the Registration Books and shall authenticate each such new Bond. The City and the Bond Registrar shall not be required to issue, register, transfer or exchange any Bonds during a period beginning on the day following the Record Date preceding any Interest Payment Date and ending at the close of business on the Interest Payment Date. Bonds delivered upon any transfer or exchange shall be valid obligations of the City, evidencing the same debt as the Bonds surrendered, shall be secured by the Bond Ordinance and this Resolution and shall be entitled to all of the security and benefits hereof and pledges made herein to the same extent as the Bonds surrendered. The person(s) in whose name any Bond is registered as shown on the Registration Books shall be deemed and regarded as the absolute Owner thereof for all purposes. Payment of, or on account of the principal of and the interest on any Bond shall be made only to or upon the order of the Owner or his duly authorized agent; except that, so long as the Bonds remain issued in book-entry-only form, DTC shall be considered to be the Owner of the Bonds, and such payments shall be made only to DTC in accordance with Section 2.04(A) of this Resolution. All such payments shall be valid and effectual to satisfy and discharge the City's liability upon such Bond, including the interest thereon, to the extent of the sum or sums so paid. Section 2.09 Mutilated, Lost, Stolen or Destroyed Bonds. In the event any certificate representing a Bond is mutilated, lost, stolen or destroyed, the City shall execute, and the Fiscal Agent shall authenticate and deliver, a new certificate of like date, maturity, denomination and interest rate as that mutilated, lost, stolen or destroyed; provided, that in the case of any mutilated Bond, such mutilated Bond shall first be surrendered to the Fiscal Agent, and, in the case of any lost, stolen or destroyed Bond there shall first be furnished to the Fiscal Agent and the City, evidence of such loss, theft or destruction satisfactory to them, together with an indemnity satisfactory to the City and the Fiscal Agent. In the event any such Bond shall have matured or been called for redemption, instead of issuing a duplicate bond the City may pay the same without the surrender thereof. The City and the Fiscal Agent may charge to the Owner of such Bond their reasonable fees and expenses in connection with the replacement of such Bond or Bonds. Section 2.10 Surrender and Cancellation of Bonds. Whenever any Outstanding Bond shall be delivered to the Fiscal Agent after full payment thereof or for replacement pursuant to this Resolution, such Bond shall be canceled and destroyed by the Fiscal Agent and counterparts of a Certificate of Destruction describing Bonds so destroyed and evidencing such destruction shall be furnished by the Fiscal Agent to the City, or such Bond shall be canceled and the canceled Bond shall be returned to the City. Section 2.11 Execution and Delivery of the Bonds. The Mayor and City Clerk are hereby empowered, authorized and directed to prepare and execute the Bonds without unnecessary delay in the form and manner hereinbefore specified, including a reasonable quantity of replacement bond certificates for use in exchanges, transfers and replacements in accordance with the provisions of this Resolution and when executed the Bonds shall be registered in the Office of the City Clerk and in the Office of the State Treasurer, as required by law and as hereinbefore provided, and shall thereupon be deposited with the Fiscal Agent for authentication. When the Bonds shall have been so executed, registered and authenticated, they shall be delivered at one time to or upon the order of the Original Purchaser, but only upon receipt by the City of the Purchase Price therefor and the proceeds of the Bonds shall immediately be applied by the City as hereinafter in this Resolution provided. Section 2.12 Official Statement. The Governing Body hereby approves the form and content of the "deemed final" Preliminary Official Statement prepared for use in the initial offering and sale of the Bonds, and the form and content of any addenda, supplement, or amendment thereto necessary to conform the offering document to the terms of this Resolution, to include information newly available due to assignment of ratings by one or more rating agencies, or incorporate such other minor corrections or additions as may be approved by the City's debt coordinator, including specifically the insertion of interest rates and yields for the Bonds. The lawful use of the final Official Statement in the reoffering of the Bonds by the Original Purchaser is hereby approved and authorized. ARTICLE III REDEMPTION OF BONDS Section 3.01 Optional Redemption. The Bonds maturing September 1, 2007, to September 1, 2013, inclusive, shall mature and become due on their respective maturity dates without the option of prior redemption and payment. At the option of the City, the Bonds maturing September 1, 2014, and thereafter, may be called for redemption and payment prior to the respective stated maturities thereof on and after September 1, 2013. Bonds called for redemption and payment may be called in whole or in part at any time from and after the first date authorized for redemption as aforesaid (the date being so set for redemption and payment being referred to as the "Redemption Date"). Bonds called for redemption and payment as aforesaid shall be redeemed at a price (expressed as a percentage of the principal amount), as follows, plus accrued interest to the Redemption Date: Redemption Dates Redemption Prices September 1, 2013, through August 31, 2014 101.00% September 1, 2014, through August 31, 2015 100.50% September 1, 2015, and thereafter 100.00% Section 3.02 Selection of Bonds to be Redeemed. The Bonds shall be redeemed only in face amounts of $5,000 or integral multiples thereof and if the City elects to call for redemption less than all of the Bonds at the time Outstanding, the Bonds shall be redeemed in such equitable manner as the City shall determine, with Bonds of less than a full maturity to be selected by lot in units of $5,000. In the case of a partial redemption of Bonds by lot when Bonds of denominations greater than $5,000 are then Outstanding, then, for all purposes in connection with such redemption, each $5,000 of face value of a Bond shall be treated as though it were a separate Bond in the denomination of $5,000. If it is determined that one or more, but not all, of the $5,000 units of face value represented by any Bond has been selected for redemption, then upon receipt of notice of such redemption, the Owner shall forthwith present and surrender such Bond to the Fiscal Agent (i) for payment of the redemption price and accrued interest to the Redemption Date of the $5,000 unit or units of face value of the Bond called for redemption, and (ii) for exchange, without charge to the Owner, for a new Bond or Bonds of the aggregate principal amount of the unredeemed portion of the principal amount of such Bond. If the Owner of any Bond of a denomination greater than $5,000 of which one or more, but not all, of the $5,000 units of face value thereof has been selected for redemption shall fail to present such Bond as aforesaid, the $5,000 units of the face value of such Bond which have been selected for redemption shall, nevertheless, become due and payable on the Redemption Date, and no further interest shall accrue on such redeemed but unpresented $5,000 units of face value from and after the Redemption Date. Section 3.03 Notice of Redemption. The City shall give notice of any call for redemption and payment in writing to the Fiscal Agent not less than sixty (60) days prior to the Redemption Date; and the Fiscal Agent shall give notice of such call for redemption and payment in writing mailed via United States first class mail to the Owners of the Bonds so called not less than thirty (30) days prior to the Redemption Date, unless any Owner has waived such written notice of redemption. The City shall also give or cause to be given such additional notice of any call for redemption and payment as may be required by the laws of the State which are in effect as of the date of giving any such notice. All notices of redemption given under the provisions of this Article shall state (i) the Redemption Date, (ii) the redemption price, (iii) if less than all Outstanding Bonds are to be redeemed, the identification (and, in the case of partial redemption, the respective principal amounts) of the Bonds to be redeemed, (iv) that on the Redemption Date the principal amount, and premium, if any, will become due and payable upon each such Bond or portion thereof which has been selected for redemption, and that the interest thereon shall cease to accrue from and after the Redemption Date, and (v) that the Bonds so selected for redemption are to be surrendered to or at the principal office of the Fiscal Agent for payment. Section 3.04 Deposit of Moneys for and Payment of Redemption Price. On or prior to the Redemption Date, the City shall cause to be deposited with the Fiscal Agent sufficient funds to pay the redemption price, together with all unpaid and accrued interest thereon to the Redemption Date, of all Bonds or portions thereof selected for redemption on the Redemption Date. Upon the surrender by the Owners of Bonds selected for redemption, the Fiscal Agent shall pay the redemption price therefor to the Owners. If one or more, but not all, of the $5,000 units of face value represented by any Bond is selected for redemption and surrendered and paid, then the Fiscal Agent shall prepare and furnish to the Owner thereof a new Bond or Bonds of the same maturity and in the amount of the unredeemed portion of such Bond as provided by Section 3.02 above. All Bonds selected, called and surrendered for redemption shall be canceled by the Fiscal Agent and shall not be reissued. Section 3.05 Effect of Call for Redemption. Whenever any Bond, or one or more of the $5,000 units of face value represented by any Bond, has been selected for redemption and payment as provided in this Article, all interest on such Bond, or such one or more of the $5,000 units of face value represented by any such Bond, shall cease from and after the Redemption Date, provided funds are then available for its payment at the price hereinbefore specified. ARTICLE IV FUNDS AND ACCOUNTS Section 4.01 Creation of Funds and Accounts. Simultaneously with the issuance and delivery of the Bonds, there shall be created within the Treasury of the City, the following designated funds and accounts: (A) Improvement Account for the City of Wichita, Kansas, General Obligation Bonds, Series 786; (B) Principal and Interest Account for the City of Wichita, Kansas, General Obligation Bonds, Series 786, to be created within the City's Debt Service Fund; and (C) Excess Earnings Account for the City of Wichita, Kansas, General Obligation Bonds, Series 786. Section 4.02 Administration of Funds and Accounts. The funds and accounts established and created by this Article shall be administered in accordance with the provisions of this Resolution for so long as any of the Bonds remain Outstanding. ARTICLE V APPLICATION OF BOND PROCEEDS; DISPOSITION OF MONEYS IN FUNDS AND ACCOUNTS Section 5.01 Application of Bond Proceeds. Upon the issuance and delivery of the Bonds, the proceeds thereof shall be deposited into the Treasury of the City and credited to the various funds and accounts created by Article IV of this Resolution, as follows: (A) To the Principal and Interest Account, the portion of the Purchase Price which represents accrued interest paid on the Bonds and the portion of the Purchase Price which represents the premium, if any, paid on the Bonds; and (B) The balance of the proceeds, in the amount of $10,575,000, to the Improvement Account. Section 5.02 Disposition of Principal and Interest Account. Moneys deposited in the Principal and Interest Account from the proceeds of the Bonds as provided by clause (A) of the preceding Section, shall be used exclusively for the payment of interest on the Bonds on the first Interest Payment Date. Moneys deposited in the Principal and Interest Account from other sources, as provided by the succeeding Sections or elsewhere in this Resolution, shall be used exclusively for the payment of the principal of, premium, if any, and the interest on the Bonds, and for payment of the usual and customary fees and expenses of the Fiscal Agent. Section 5.03 Withdrawals from Principal and Interest Account; Transfer of Funds to Fiscal Agent. The Director of Finance is hereby authorized and directed to cause to be withdrawn from the Principal and Interest Account and forwarded to the Fiscal Agent, a sum sufficient to pay the principal of, premium, if any, and the interest on the Bonds as and when the same become due and payable together with such sum as may be required to pay the fees and charges of the Fiscal Agent, if any, for acting in such capacity, and the sum for charges of the Fiscal Agent shall be forwarded to the Fiscal Agent over and above the amount required to pay the Bonds as aforesaid. If, through the lapse of time or otherwise, the Owner of any Bond shall no longer be entitled to enforce payment of such Bond, it shall be the duty of the Fiscal Agent to forthwith return such unexpended funds to the City. All moneys transferred to the Fiscal Agent shall be deemed to be deposited in accordance with and subject to all of the provisions contained in this Resolution, and shall be deemed to be deposited with the Fiscal Agent in trust for and on behalf of the Owners of the Bonds. Section 5.04 Surplus in Principal and Interest Account. Any moneys remaining in the Principal and Interest Account, from whatever source, from and after the retirement of all general obligation bond issues of the City shall be transferred and paid into the General Fund of the City. Section 5.05 Disposition of Improvement Account. Moneys in the Improvement Account shall be used solely for the purpose of paying the Improvement Costs. The City covenants that in the making of the Improvements, it will perform all duties and obligations relative to such Improvements as are now or may be hereafter imposed by the Act and the provisions of this Resolution. Section 5.06 Withdrawals from Improvement Account. Withdrawals from the Improvement Account shall be made only for a purpose within the scope of the Improvements and as payment for Improvement Costs and the amount of such payments shall represent only the contract price or reasonable value of the property, labor, materials, service or obligations being paid for, or if such payment is not being made pursuant to an express contract, such payments shall not be in excess of the reasonable value thereof. Section 5.07 Surplus in Improvement Account. All moneys remaining in the Improvement Account after the completion of the Improvements and the payment of all Improvement Costs shall be immediately transferred to the Principal and Interest Account. ARTICLE VI DEPOSITS AND INVESTMENT OF MONEYS Section 6.01 Deposits. Cash moneys in each of the funds and accounts created and established by this Resolution shall be deposited in a bank(s) or Federal or state chartered savings and loan association(s) with offices located within Sedgwick County, Kansas, whose deposits are insured by the Federal Deposit Insurance Corporation, and all such deposits shall be adequately secured by the bank(s) or savings and loan association(s) holding such deposits in accordance with the laws of the State. Section 6.02 Investments. Moneys held in the funds and accounts created and established by this Resolution may be invested by the City in Authorized Investments, or in other investments allowed by the laws of the State, in such amounts and maturing at such times as shall reasonably provide for moneys to be available when required in said funds and accounts; provided, however, that no such investment shall be made for a period extending longer than to the date when the moneys so invested may be needed in the fund or account for the purpose for which it was created and established; and provided further, that such moneys shall not be invested in such manner as will violate the provisions of the Certificate as to Arbitrage and Related Tax Matters. All interest on any Authorized Investment made from the moneys in any fund or account created and established by this Resolution shall (except the amounts which are required to be deposited into the Excess Earnings Account in accordance with the Certificate as to Arbitrage and Related Tax Matters) accrue to and become a part of such originating fund or account. The Value of the investments held in the funds and accounts under the provisions of this Resolution, shall be determined as of the end of each calendar month. All investments made pursuant hereto shall be made in accordance with the Certificate as to Arbitrage and Related Tax Matters. Section 6.03 Deposits into and Application of Moneys in Excess Earnings Account. (A) The City shall deposit into the Excess Earnings Account such amounts as are required to be deposited therein pursuant to the Certificate as to Arbitrage and Related Tax Matters. All earnings on investments of moneys held in the Excess Earnings Account shall be retained in the Excess Earnings Account. Subject to the payment provisions provided in subsection (B) below, all amounts on deposit in the Excess Earnings Account shall be held by the City in trust, to the extent required to satisfy the Rebate Amount (as defined in the Certificate as to Arbitrage and Related Tax Matters), for payment to the United States of America, and neither the City nor the Owner of any Bond shall have any right in or claim to such money. All amounts held in the Excess Earnings Account shall be governed by this Section and by the Certificate as to Arbitrage and Related Tax Matters. (B) The City shall remit part or all of the balances in the Excess Earnings Account to the United States of America in accordance with the Certificate as to Arbitrage and Related Tax Matters (such amounts herein referred to as the "Rebate Amounts"). Any funds remaining in the Excess Earnings Account after redemption and payment of all of the Bonds and payment and satisfaction of any Rebate Amount, or provision having been made therefor, shall be withdrawn and released from the Excess Earnings Account and shall be deposited into the City's General Fund. (C) Notwithstanding any other provision of this Resolution, including in particular the provisions of this Section, the City's obligation to remit the Rebate Amount to the United States of America and to comply with all other requirements of this Section and the Certificate as to Arbitrage and Related Tax Matters shall survive the defeasance or payment in full of the Bonds. (D) The City shall maintain records designed to show compliance with the provisions of this Section and the Certificate as to Arbitrage and Related Tax Matters for at least six (6) years after the date on which no Bonds shall remain Outstanding. (E) The terms, conditions and provisions under which the City will perform its duties regarding the Excess Earnings Account and any Rebate Amount are set forth in a Certificate as to Arbitrage and Related Tax Matters dated as of the Date of Issuance. The form and text of the Certificate as to Arbitrage and Related Tax Matters is hereby approved and accepted by the Governing Body, and all of the covenants, duties and responsibilities therein contained which are to be performed by and on behalf of the City are hereby declared to be the covenants, duties and responsibilities of the City as though fully set forth at this place. The Mayor and the City Clerk or Director of Finance, as appropriate, or such other officer as may be directed by the Mayor, shall be and are hereby authorized to execute and deliver the Certificate as to Arbitrage and Related Tax Matters for and on behalf of the City. The entire text of the Certificate as to Arbitrage and Related Tax Matters is by reference hereby incorporated in and made a part of this Resolution as though fully set forth at this place. ARTICLE VII PROVISION FOR PAYMENT OF BONDS Section 7.01 Levy and Collection of Annual Taxes. Pursuant to the Bond Ordinance, the Governing Body covenants that it shall annually make provision for the payment of the principal of, premium, if any, and the interest on the Bonds as and when the same becomes due and payable by levying and collecting the necessary special assessment taxes upon the real properties within the City liable therefor as provided by law; provided, that if the amounts collected from such special assessment taxes are insufficient to fully pay the maturing principal and interest on the Bonds when due, then the Governing Body shall levy ad valorem taxes upon all of the taxable tangible property located within the territorial limits of the City in such amounts as are necessary to rectify any deficiency in the amount of special assessment taxes collected. Section 7.02 Disposition of Taxes; Untimely Receipt. The proceeds derived from the aforesaid annual taxes shall be deposited into the Principal and Interest Account when received; provided, if at any time the amount in the Principal and Interest Account shall be insufficient to make the payments of the principal of and the interest on the Bonds when required because of an untimely collection and/or receipt of said taxes, the Director of Finance is authorized to cause to be transferred to the Principal and Interest Account from the City's general funds, the amount required for such payments and to then reimburse the City's general funds for such expended amounts immediately upon the collection and receipt of said taxes. ARTICLE VIII DEFAULT AND REMEDIES Section 8.01 Resolution Constitutes Contract; Remedies of Owners. The provisions of the Bond Ordinance and this Resolution, and all of the covenants and agreements therein and herein contained, shall constitute a contract between the City and the Owners, and the Owner or Owners of any of the Bonds at the time Outstanding shall have the right, for the equal benefit and protection of all Owners similarly situated: (A) By mandamus or other suit, action or proceedings at law or in equity to enforce his or their rights against the City and its officers, agents and employees, and to require and compel the City and its officers, agents and employees to perform all duties and obligations required by the provisions of the Bond Ordinance and this Resolution or by the constitution and laws of the State; (B) By suit, action or other proceedings in equity or at law to require the City, its officers, agents and employees to account as if they were the trustees of an express trust; and (C) By suit, action or other proceedings in equity or at law to enjoin any acts or things which may be unlawful or in violation of the rights of the Owners. Section 8.02 Rights of Owners; Limitations. The covenants and agreements of the City contained herein, in the Bond Ordinance and in the Bonds shall be for the equal benefit, protection and security of the Owners of any or all of the Bonds, all of which Bonds shall be of equal rank and without preference or priority of any one Bond over any other Bond in the application of the moneys herein pledged to the payment of the principal of, premium, if any, and the interest on the Bonds, or otherwise, except as to the rate of interest, Principal Payment Date and right of prior redemption as provided in this Resolution. No one or more of the Owners secured hereby shall have any right in any manner whatsoever by his or their action to affect, disturb or prejudice the security granted and provided for herein, or to enforce any right hereunder, except in the manner herein provided, and all proceedings at law or in equity shall be instituted, had and maintained for the equal benefit of all Owners of the Outstanding Bonds. Nothing in this Resolution, in the Bond Ordinance or in the Bonds shall affect or impair the obligations of the City to pay on the respective dates of maturity thereof, the principal of and the interest on the Bonds to the respective Owners thereof or affect or impair the right of action of any Owner to enforce payment of the Bonds held by him, or to reduce to judgment his claim against the City for payment of the principal of and interest on the Bonds without reference to or consent of any other Owner. Section 8.03 Remedies Cumulative; Delay or Omission Not Waiver. No remedy herein conferred upon the Owners is intended to be exclusive of any other remedy or remedies, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute, and may be exercised without exhausting and without regard to any other remedy however given. No waiver by the Owner of any Bond of any default or breach of duty or contract by the City shall extend to or affect any subsequent default or breach of duty or contract by the City or shall impair any rights or remedies therefor available to the Owners. No delay or omission of any Owner to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver of any such default or as an acquiescence therein. Every substantive right, power and remedy given by this Resolution to the Owners, respectively, may be exercised from time to time and as often as may be deemed expedient. In case any suit, action or other proceedings taken by any Owner on account of any default or to enforce any right or exercise any remedy shall have been discontinued or abandoned for any reason, or shall have been determined adversely to the Owner, then in every such case the City and the Owners shall be restored to their former positions and rights hereunder, respectively, and all rights, remedies, powers and duties of the Owners shall continue as though no such suit, action or other proceedings had been brought or taken. ARTICLE IX AMENDMENTS Section 9.01 Amendments. The City may, without the consent of or notice to the Owners, amend or supplement the provisions of this Resolution (i) to cure any ambiguity herein or to correct or supplement any provision herein which may be inconsistent with any other provision herein or to correct errors, provided such action shall not materially adversely affect the interest of the Owners, or (ii) to grant or confer upon the Owners any additional rights, remedies, powers or security that may lawfully be granted or conferred upon the Owners, or (iii) to more precisely identify the Improvements, or (iv) to provide for the issuance of coupon bonds and the exchange of the fully registered Bonds for coupon bonds upon such terms and conditions as the City shall determine; provided, however, that any amendment as provided in this clause (iv) shall not become effective unless and until the City shall have received an opinion of Bond Counsel, in form and substance satisfactory to the City, to the effect that the issuance of such coupon bonds or the exchange of the fully registered Bonds for such coupon bonds, will not cause the interest on the Bonds to be includable in the gross income of recipients thereof under the provisions of the applicable Federal law, or (v) to conform this Resolution to the Code or any future applicable Federal law concerning tax-exempt obligations. The rights and duties of the City and the Owners and the terms and provisions of this Resolution may be modified or altered in any respect by a resolution of the City with the consent of the Owners of not less than seventy-five percent (75%) in principal amount of the Bonds then Outstanding, such consent to be evidenced by an instrument or instruments executed by the Owners and duly acknowledged or proved in the manner of a deed to be recorded, and such instrument or instruments shall be filed with the City Clerk; provided that, no such modification or alteration shall, except with the written consent of one hundred percent (100%) of the Owners of the Bonds then Outstanding: (A) Extend the maturity of any payment of principal or interest due upon any Bond; (B) Effect a reduction in the amount which the City is required to pay by way of the principal of or the interest on any Bond; (C) Permit a preference or priority of any Bond or Bonds over any other Bond or Bonds; or (D) Reduce the percentage of the principal amount of the then Outstanding Bonds for which the written consent of the Owners is required for any modification or alteration of the provisions of this Resolution. Section 9.02 Written Evidence of Amendments. Any and all modifications or amendments to this Resolution or of the Bonds shall be made in the manner hereinabove provided, and shall not become effective until there has been filed with the City Clerk a copy of the resolution of the City authorizing said modifications or amendments, as hereinabove provided for, duly certified, as well as proof of consent to such modifications or amendments by the Owners of not less than the percentage of the principal amount of Bonds then Outstanding as hereinabove required. It shall not be necessary to note on any Outstanding Bond any reference to such amendment or modification. A certified copy of every such amendatory or supplemental ordinance or resolution, if any, and a certified copy of the Bond Ordinance and this Resolution, shall always be kept on file in the Office of the City Clerk and shall be made available for inspection by the Owner of any Bond or the prospective purchaser or owner of any Bond, and upon payment of the reasonable cost of preparing same, a certified copy of any such amendatory or supplemental ordinance or resolution of the Bond Ordinance or this Resolution will be sent by the City Clerk to any such Owner or prospective Owner. ARTICLE X DEFEASANCE Section 10.01 Defeasance. When all or any part of the principal of, premium, if any, and the interest on the Bonds shall have been paid and discharged, then the requirements contained herein and all other rights granted by the Bond Ordinance and this Resolution shall cease and determine with respect to that principal, premium and interest so paid. The Bonds shall be deemed to have been paid and discharged within the meaning of this Resolution if there shall have been deposited with the Fiscal Agent or with a bank located in the State of Kansas and having full trust power; at or prior to the maturity or redemption date of the Bonds, in trust for and irrevocably appropriated thereto, moneys and/or Government Obligations consisting of direct obligations of, or obligations the payment of the principal of and the interest on which are guaranteed by, the United States of America, or other investments allowed by the laws of the State, which together with the interest to be earned on such Government Obligations or other investments, will be sufficient for the payment of the principal of the Bonds, the premium, if any, and the interest thereon to the date of maturity or the Redemption Date, as the case may be; or if default in such payment shall have occurred on such date, then to the date of the tender of such payments, provided always that if any Bonds shall be redeemed prior to the maturity thereof, the City shall have elected to redeem such Bonds and notice of such redemption shall have been given as provided by the terms of this Resolution. Any moneys and Government Obligations which at any time shall be deposited with the Fiscal Agent or a Kansas bank by or on behalf of the City, for the purpose of paying and discharging any of the Bonds or interest thereon, shall be and are hereby assigned, transferred and set over to the Fiscal Agent or such Kansas bank in trust for the respective Owners of the Bonds, and such moneys shall be and are hereby irrevocably appropriated to the payment and discharge thereof. All moneys and Government Obligations so deposited with the Fiscal Agent or a Kansas bank shall be deemed to be deposited in accordance with and subject to all of the provisions contained in this Resolution. ARTICLE XI MISCELLANEOUS PROVISIONS Section 11.01 Tax Covenants. The Governing Body hereby covenants and agrees that so long as any of the Bonds remain outstanding and unpaid, it will not take any action, or fail to take any action in its power, if any such action or the failure to take such action, would adversely affect the continued exclusion from gross income for purposes of Federal income taxation of the interest on the Bonds under Section 103 of the Code, and further covenants to comply with all other provisions of the Code, as the same may be amended, and any applicable rules and regulations of the United States Treasury Department thereunder, to the extent applicable to the Bonds. The Governing Body hereby further covenants that it will use and expend the proceeds of the Bonds for the purpose for which they are issued as soon as practicable and with all reasonable dispatch, and that it will not directly or indirectly use or permit the use of the proceeds of the Bonds or any other funds of the City, or take or omit to take any action which, if such use or taking or omission of action had been reasonably expected on the Date of Issuance, would have caused the Bonds to be "arbitrage bonds" within the meaning of Section 103(b)(2) of the Code and that to that end, it will comply with all applicable requirements of Section 148 of the Code and the rules and regulations of the United States Treasury Department thereunder to the extent applicable to the Bonds for so long as any of the Bonds remain outstanding and unpaid. Without limiting the generality of the foregoing, the Governing Body agrees that there shall be paid from time to time, all amounts required to be rebated to the United States of America pursuant to Section 148(f) of the Code, and any temporary, proposed or final Treasury regulations as may be applicable to the Bonds from time to time. This covenant shall survive payment in full or the defeasance of the Bonds and the Governing Body specifically hereby covenants to pay or cause to be paid to the United States of America, at the times and in the amounts determined under this Resolution, the Rebate Amount as described in the Certificate as to Arbitrage and Related Tax Matters. Section 11.02 Severability. In case any one or more of the provisions of the Bond Ordinance, this Resolution or of the Bonds issued thereunder shall for any reason be held to be illegal or invalid, such illegality or invalidity shall not affect any other provision of the Bond Ordinance, this Resolution or the Bonds appertaining thereto, but the Bond Ordinance, this Resolution and the Bonds shall be construed and enforced as if such illegal or invalid provision had not been contained therein. In case any covenant, stipulation, obligation or agreement contained in the Bonds or in the Bond Ordinance or this Resolution shall for any reason be held to be in violation of law, then such covenant, stipulation, obligation or agreement shall be deemed to be the covenant, stipulation, obligation or agreement of the City to the full extent permitted by law. Section 11.03 Further Authority. The Governing Body hereby authorizes, orders and directs the Mayor to execute, and the City Clerk to attest by signing and affixing the official seal of the City, and thereupon deliver this Resolution. The Governing Body hereby further authorizes, orders and directs the Mayor and the City Clerk, or the Director of Finance, as appropriate, or such other officers, officials, agents and employees of the City as the Mayor may designate and direct, to execute and deliver any and all supporting documents and certificates required in the issuance of the Bonds, including final certificates required to be included in the official Transcript of Proceedings relating to the authorization and issuance of the Bonds, all for and on behalf of and as the act and deed of the City and without further action by the Governing Body, such documents to be in substantially the forms thereof as are presented to the Governing Body this date, with such minor corrections or amendments thereto as the Mayor shall approve, which approval shall be evidenced by his execution thereof and the Mayor and City Clerk, or the Director of Finance, as appropriate, or such other officers, officials, agents and employees of the City as the Mayor may designate and direct, are also authorized to execute and deliver such other documents, certificates and instruments as may be necessary or desirable in order to carry out, give effect to and comply with the intent of this Resolution and to give effect to the transactions contemplated hereby. The execution and attestation of this Resolution and such other documents, certificates and instruments as may be necessary or desirable to carry out, give effect to and comply with the intent of this Resolution, shall be conclusive as to the approval of said documents and each of them. The Governing Body shall, and the officers, agents and employees of the City are hereby authorized and directed to, take such actions, expend such funds and execute such other documents, certificates and instruments as may be necessary or desirable to carry out, give effect to and comply with the provisions of and transactions contemplated by this Resolution and to carry out, give effect to and comply with and perform the duties of the City with respect to the Bonds and the Official Statement. Section 11.04 Governing Law. This Resolution, the Bond Ordinance and the Bonds shall be governed exclusively by and shall be construed in accordance with the applicable laws of the State. Section 11.05 Effective Date. This Resolution shall be in force and take effect from and after its adoption and approval by the Governing Body of the City. (The Remainder of This page Was Intentionally Left Blank) ADOPTED AND APPROVED by the Governing Body of the City of Wichita, Kansas, on July 11, 2006. Carlos Mayans, Mayor (Seal) ATTEST: Karen Sublett, City Clerk APPROVED AS TO FORM: Gary E. Rebenstorf, Director of Law RESOLUTION NO. 06-___ OF THE CITY OF WICHITA, KANSASM AS ADOPTED JULY 11, 2006M AUTHORIZING THE ISSUANCE OF $920,000 GENERAL OBLIGATION BONDS SERIES 786A DATED AS OF AUGUST 1, 2006 TABLE OF CONTENTS Title 1 Recitals 1 ARTICLE I DEFINITIONS Section 1.01 Definitions of Words and Terms 1 ARTICLE II AUTHORIZATION, ISSUANCE AND DELIVERY OF BONDS Section 2.01 Authorization of and Security for Bonds 7 Section 2.02 Description and Details of Bonds 8 Section 2.03 Designation of Paying Agent and Bond Registrar 9 Section 2.04 Method and Place of Payment of Principal and Interest on Bonds 9 Section 2.05 Method of Execution and Authentication of Bonds 10 Section 2.06 Payment of Costs of Bonds 11 Section 2.07 Form of Bonds 11 Section 2.08 Registration, Transfer and Exchange of Bonds 11 Section 2.09 Mutilated, Lost, Stolen or Destroyed Bonds 12 Section 2.10 Surrender and Cancellation of Bonds 12 Section 2.11 Execution and Delivery of Bonds 12 Section 2.12 Official Statement 13 ARTICLE III REDEMPTION OF BONDS Section 3.01 Optional Redemption 13 Section 3.02 Selection of Bonds to be Redeemed 13 Section 3.03 Notice of Redemption 14 Section 3.04 Deposit of Moneys for and Payment of Redemption Price 14 Section 3.05 Effect of Call for Redemption 15 ARTICLE IV FUNDS AND ACCOUNTS Section 4.01 Creation of Funds and Accounts 15 Section 4.02 Administration of Funds and Accounts 15 ARTICLE V APPLICATION OF BOND PROCEEDS; DISPOSITION OF MONEYS IN FUNDS AND ACCOUNTS Section 5.01 Application of Bond Proceeds 15 Section 5.02 Disposition of Principal and Interest Account 15 Section 5.03 Withdrawals from Principal and Interest Account; Transfer of Funds to Fiscal Agent 16 Section 5.04 Surplus in Principal and Interest Account 16 Section 5.05 Disposition of Improvement Account 16 Section 5.06 Withdrawals from Improvement Account 16 Section 5.07 Surplus in Improvement Account 16 ARTICLE VI DEPOSITS AND INVESTMENT OF MONEYS Section 6.01 Deposits 17 Section 6.02 Investments 17 Section 6.03 Deposits Into and Application of Moneys in Excess Earnings Account 17 ARTICLE VII PROVISION FOR PAYMENT OF BONDS Section 7.01 Levy and Collection of Annual Taxes 18 Section 7.02 Disposition of Taxes; Untimely Receipt 18 ARTICLE VIII DEFAULT AND REMEDIES Section 8.01 Resolution Constitutes Contract; Remedies of Owners 19 Section 8.02 Rights of Owners; Limitations 19 Section 8.03 Remedies Cumulative; Delay or Omission Not Waiver 20 ARTICLE IX AMENDMENTS Section 9.01 Amendments 20 Section 9.02 Written Evidence of Amendments 21 ARTICLE X DEFEASANCE Section 10.01 Defeasance 21 ARTICLE XI MISCELLANEOUS PROVISIONS Section 11.01 Tax Covenants 22 Section 11.02 Severability 23 Section 11.03 Further Authority 23 Section 11.04 Governing Law 24 Section 11.05 Effective Date 24 Signatures 25 Schedule I: The Improvements RESOLUTION NO. R-06-___ A RESOLUTION PROVIDING FOR THE ISSUANCE OF GENERAL OBLIGATION BONDS, SERIES 786A, OF THE CITY OF WICHITA, KANSAS, IN THE TOTAL PRINCIPAL AMOUNT OF $920,000, FOR THE PURPOSE OF PROVIDING THE NECESSARY FUNDS TO PAY COSTS IN CONNECTION WITH THE MAKING OF CAPITAL IMPROVEMENTS IN THE CITY; PRESCRIBING THE TERMS AND DETAILS OF THE BONDS; AND MAKING CERTAIN OTHER COVENANTS AND AGREEMENTS WITH RESPECT TO THE BONDS. WHEREAS, the Governing Body of the City of Wichita, Kansas (the "City"), pursuant to Ordinance No. __________ duly passed July 11, 2006 (the "Bond Ordinance"), has authorized the issuance of the Bonds in the aggregate principal amount of $920,000 and provided for the levy and collection of an annual tax for the purpose of providing for the payment of the principal of and interest on the Bonds; and WHEREAS, in accordance with the provisions of the Bond Ordinance, the Governing Body hereby finds and determines that it is necessary to prescribe the terms and details of the Bonds pursuant to this Resolution, and to make certain other covenants and agreements with respect thereto; THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF WICHITA, KANSAS: ARTICLE I DEFINITIONS Section 1.01 Definitions of Words and Terms. In addition to words and terms elsewhere defined in this Resolution, the following words and terms as used herein, whether or not the words have initial capitals, shall have the following meanings unless the context or use indicates another or different meaning or intent, and such definitions shall be equally applicable to both the singular and plural forms of any of the words and terms herein defined: "Act" shall mean K.S.A. 10-101 et seq., as amended and supplemented, and K.S.A. 12-6a01 et seq., as amended and supplemented, under the authority of which statutes the Improvements are authorized and the Bonds are issued. "Authentication Date" shall mean the date on which a Bond is registered and authenticated by the Fiscal Agent as shown on a Certificate of Authentication printed on the Bond. "Authorized Investments" shall mean any of the following securities, and to the extent the same are at the time permitted for investment of funds held by the City pursuant to this Resolution: (A) For all purposes, including as defeasance investments in refunding escrow accounts: (1) Cash (insured at all times by the Federal Deposit Insurance Corporation or otherwise collateralized with obligations described in the following paragraph (2)), or (2) Direct obligations of (including obligations issued or held in book entry form on the books of) the Department of the Treasury of the United States of America; and (B) For all purposes other than defeasance investments in refunding escrow accounts: (1) Obligations of any of the following Federal agencies which obligations represent the full faith and credit of the United States of America, including: -- Export - Import Bank -- Farmers Home Administration -- General Services Administration -- U. S. Maritime Administration -- Small Business Administration -- Government National Mortgage Association (GNMA) -- U. S. Department of Housing & Urban Development (PHA's) -- Federal Housing Administration; (2) Bonds, notes or other evidences of indebtedness rated "AA" by Standard & Poor's, a Division of the McGraw-Hill Companies ("S&P") and "Aa2" by Moody's Investor Services ("Moody's") issued by the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation with remaining maturities not exceeding four years; (3) Investments in shares or units of a money market fund or trust, the portfolio of which is comprised entirely of securities in direct obligations of the United States Government or any agency thereof or obligations of the Federal National Mortgage Association, Federal Home Loan Banks or Federal Home Loan Mortgage Corporation; (4) Pre-refunded Municipal Obligations defined as follows: Any bonds or other obligations of the State of Kansas or of any agency, instrumentality or local governmental unit of such State which are not callable at the option of the obligor prior to maturity or as to which irrevocable instructions have been given by the obligor to call on the date specified in the notice; and (A) which are rated, based on an irrevocable escrow account or fund (the "escrow"), in the highest rating category of S&P and Moody's, or any successors thereto; or (B) (i) which are fully secured as to principal and interest and redemption premium, if any, by an escrow consisting only of cash or obligations described in paragraph (1) above, which escrow may be applied only to the payment of such principal of and interest and redemption premium, if any, on such bonds or other obligations on the maturity date or dates thereof or the specified redemption date or dates pursuant to such irrevocable instructions, as appropriate, and (ii) which escrow is sufficient, as verified by a nationally recognized independent certified public accountant, to pay principal of and interest and redemption premium, if any, on the bonds or other obligations described in this paragraph on the maturity date or dates thereof or on the redemption date or dates specified in the irrevocable instructions referred to above, as appropriate; (5) Investment agreements with or other obligations of a financial institution the obligations of which at the time of investment are rated in any of the three highest rating categories by Moody's or S&P; (6) Repurchase agreements secured by direct obligations of the United States Government or any agency thereof or obligations of the Federal National Mortgage Association, Federal Home Loan Banks or Federal Home Loan Mortgage Corporation; and (7) Receipts evidencing ownership interests in securities or portions thereof in direct obligations of the United States Government or any agency thereof or obligations of the Federal National Mortgage Association, Federal Home Loan Banks or Federal Home Loan Mortgage Corporation. (C) The value of the above investments shall be determined as of the end of each month. (See the definition of "Value" herein.) "Bond Counsel" shall mean Kutak Rock LLP, Kansas City, Missouri, or any other attorney or firm of attorneys whose expertise in matters relating to the issuance of obligations by states and their political subdivisions is nationally recognized and acceptable to the City. "Bond Ordinance' shall mean Ordinance No. ________ of the City, passed by the Governing Body on July 11, 2006, and authorizing and providing for the issuance of the Bonds. "Bond Registrar" shall mean the Treasurer of the State of Kansas, Topeka, Kansas, and its successors and assigns. "Bondowner(s)" shall mean the Owner(s) of the Bonds. "Bonds" shall mean the $920,000 original principal amount of General Obligation Bonds, Series 786A, dated August 1, 2006, of the City of Wichita, Kansas, which are authorized by and will be issued pursuant to the authority of the Bond Ordinance and this Resolution. "Certificate as to Arbitrage and Related Tax Matters" shall mean the Certificate as to Arbitrage and Related Tax Matters, dated as of and delivered on the Date of Issuance, executed by the City, relating to certain matters within the scope of Section 148 of the Code, as the same may be amended or supplemented in accordance with its terms. "City" shall mean the City of Wichita, Kansas. "City Clerk" shall mean the duly appointed and acting City Clerk of the City, or in the City Clerk's absence (or in the event of a vacancy in such office) any Deputy City Clerk or Acting City Clerk of the City. "Code" shall mean the Internal Revenue Code of 1986, as amended, or such other general Federal tax code as shall be adopted by the United States Congress in substitution therefor, together with regulations promulgated thereunder by the United States Department of the Treasury. "Costs of Issuance" shall mean any and all expenses of whatever nature incurred in connection with the issuance and sale of the Bonds, including, but not limited to, publication, printing, signing and mailing expenses, registration fees, fees and expenses of the Fiscal Agent, fees and expenses of Bond Counsel and other legal counsel, expenses incurred in connection with determining the Yield on the Bonds or investment of the proceeds of the Bonds, and in connection with receiving municipal bond insurance and/or ratings on the Bonds. An amount for Costs of Issuance has been factored into the total final cost of each capital improvement comprising the Improvements. "Date of Issuance" shall mean the date on which the Bonds are delivered to the Original Purchaser and the City receives from the Original Purchaser the full purchase price therefor. "Dated Date" shall mean the dated date of the Bonds which is August 1, 2006. "Debt Service" shall mean the scheduled amount of interest and maturing principal payable on the Bonds for a single Bond Year, as described in the Code. "Debt Service Fund" shall mean the Debt Service Fund of the City created, held and administered solely for the purpose of receiving and disbursing funds for the payment of the City's general obligation indebtedness. "Direct Participants" shall have the meaning set forth in and defined by the Letter of Representation. "Director of Finance" shall mean the duly appointed and acting Director of Finance of the City, or in the Director of Finance's absence, the duly appointed Assistant Director of Finance or Acting Director of Finance of the City. "DTC" shall mean The Depository Trust Company and its successors or assigns. "Excess Earnings Account" shall mean the Excess Earnings Account created pursuant to Article IV hereof. "Fiscal Agent" shall mean the Bond Registrar and/or the Paying Agent. "Fiscal Year" shall mean the fiscal year of the City, currently being the 12-months ending each December 31. "Governing Body" shall mean the duly elected and/or appointed and acting persons comprising the City Council of the City. "Government Obligations" means (i) cash (insured at all times by the Federal Deposit Insurance Corporation or otherwise collateralized with obligations described in the following phrase (ii)), or (ii) direct obligations of the United States of America (including obligations issued or held in book-entry form on the books of (the Department of the Treasury of the United States of America). "Improvement Account" shall mean the Improvement Account for the Improvements created by Article IV hereof. "Improvement Costs" shall mean the amount of capital expenditures for an Improvement, including interest during construction, which has been authorized to be paid by the City by an ordinance or resolution of the City, including expenditures made to redeem outstanding notes issued to pay for such improvement and Costs of Issuance of the Bonds, less (a) the amount of any notes or bonds of the City which are currently outstanding and available to pay such Improvement Costs and (b) any Improvement Costs which have been previously paid by the City or by any eligible source of funds unless such amounts are entitled to be reimbursed under State and Federal law. "Improvements" shall mean the capital improvements constructed in the City as described on Schedule I hereto. "Indirect Participants" shall have the meaning set forth in and defined by the Letter of Representation. "Interest Payment Dates" shall be March 1 and September 1 of each year commencing March 1, 2007, and ending September 1, 2026, or until such other date as all of the Bonds shall have been paid or provision for such payment has been made. "Letter of Representation" shall mean that certain Letter of Representation between the City and DTC with respect to the Bonds. "Mayor" shall mean the duly elected and acting Mayor of the City or in the Mayor's absence, the duly appointed and/or elected Vice Mayor or Acting Mayor of the City. "Original Proceeds" shall mean all of the proceeds, including accrued interest, derived from the sale of the Bonds to the Original Purchaser. "Original Purchaser" shall mean _____________________, _______, _______. "Outstanding," when used with reference to the Bonds, shall mean, as of a particular date, all Bonds theretofore authenticated and delivered under this Resolution, except (i) Bonds theretofore canceled by the Fiscal Agent or delivered to the Fiscal Agent for cancellation, (ii) Bonds for which payment or redemption moneys or Government Obligations (the principal of and the interest on which Government Obligations, if any, when due, provide sufficient moneys to pay, with such other moneys so deposited with the Fiscal Agent, the principal, redemption premium, if any, and interest on the Bonds being paid or redeemed), or both, in the necessary amount have theretofore been deposited with the Fiscal Agent, or other depository as provided in this Resolution, in trust for the Owners thereof (whether upon or prior to maturity or the Redemption Date of the Bonds), and (iii) Bonds in exchange for or in lieu of which other Bonds have been authenticated and delivered pursuant to this Resolution. "Owner(s)" or "Registered Owner(s)" shall mean, when used with respect to any Bond, the person or entity in whose name the Bond is registered as shown on the Registration Books maintained by the Fiscal Agent. "Participants" shall have the meaning set forth in and defined by the Letter of Representation. "Paying Agent" shall mean the Treasurer of the State of Kansas, Topeka, Kansas, and its successors and assigns. "Principal and Interest Account" shall mean the Principal and Interest Account created within the City's Debt Service Fund pursuant to Article IV hereof, which is created and shall be held and administered solely for the purpose of receiving and disbursing funds for the payment of the Bonds. "Principal Payment Date" shall mean September 1 of each year, commencing September 1, 2007, and ending September 1, 2026, or until such other date as all of the Bonds shall have been paid or provision for such payment has been made. "Purchase Price" shall mean the purchase price paid by the Original Purchaser to the City for the Bonds and is calculated as being the par value of the Bonds, plus accrued interest from the Dated Date to the Date of Issuance, plus any premium. "Record Date" shall mean the 15th day of a month next preceding an Interest Payment Date. "Registration Books" shall mean the books maintained on behalf of the City by the Fiscal Agent for the registration and transfer from time to time of the ownership of the Bonds. "Resolution" or "Bond Resolution" shall mean this Resolution No. R-06-____, adopted by the Governing Body of the City on July 11, 2006, prescribing the terms and details of the Bonds. "State" shall mean the State of Kansas. "Value" shall mean the value of the Authorized Investments (which Value shall be determined as of the end of each month), calculated as follows: (A) As to investments the bid and asked prices of which are published on a regular basis in The Wall Street Journal (or, if not there, then in The New York Times) -- the average of the bid and asked prices for such investments so published on or most recently prior to such time of determination, (B) As to investments the bid and asked prices of which are not published on a regular basis in The Wall Street Journal or in The New York Times -- the average bid price at such time of determination for such investments by any two nationally recognized government securities dealers (selected by the City in its absolute discretion) at the time making a market in such investments or the bid price published by a nationally recognized pricing service, and (C) As to certificates of deposit and bankers acceptances - the face amount thereof, plus accrued interest. ARTICLE II AUTHORIZATION, ISSUANCE AND DELIVERY OF BONDS Section 2.01 Authorization of and Security for Bonds. Pursuant to the Bond Ordinance, the Governing Body has authorized, ordered and directed that in order to provide the necessary funds to pay the Improvement Costs, there shall be issued general obligation bonds of the City (the "Bonds"). In all matters relating to the issuance, registration and delivery of the Bonds, the City shall comply with the provisions, requirements and restrictions of K.S.A. 10-101 et seq., as amended and supplemented. The Bonds shall be and constitute valid and legally binding general obligations of the City, and shall be payable as to both the principal of and the interest thereon from the collection of special assessment taxes which have been levied against real properties in the City which benefited from the Improvements, and if not so paid, then said principal and interest shall be paid from ad valorem taxes which may be levied without limitation as to rate or amount upon all of the taxable tangible property within the territorial limits of the City. Pursuant to the Bond Ordinance, the full faith, credit and resources of the City are irrevocably pledged to secure the prompt payment of the principal of and the interest on the Bonds as the same severally becomes due and payable. Section 2.02 Description and Details of Bonds. The Bonds shall be issued in the total principal amount of $920,000 and shall be designated "City of Wichita, Kansas, General Obligation Bonds, Series 786A." The Bonds shall be issued in denominations of $5,000, or integral multiples thereof not exceeding the principal amount of Bonds maturing on the respective Principal Payment Dates, and shall be numbered in such manner as the Fiscal Agent shall determine. The Bonds shall be dated as of August 1, 2006 (the "Dated Date"), and shall mature on September 1 (the "Principal Payment Date") in the years and in the principal amounts and shall bear interest at the respective rates per annum (computed on the basis of a 360-day year of twelve 30-day months) as follows: Maturity Schedule Maturity Date Maturing Principal Interstate Maturity Date Maturing Principal Interstate 09/01/07 $30,000 09/01/17 $45,000 09/01/08 30,000 09/01/18 50,000 09/01/09 30,000 09/01/19 50,000 09/01/10 35,000 09/01/20 50,000 09/01/11 35,000 09/01/21 55,000 09/01/12 35,000 09/01/22 55,000 09/01/13 40,000 09/01/23 60,000 09/01/14 40,000 09/01/24 60,000 09/01/15 40,000 09/01/25 65,000 09/01/16 45,000 09/01/26 70,000 The Bonds shall bear interest from the Interest Payment Date immediately preceding their effective Date of Authentication unless such effective Date of Authentication shall be prior to the first Interest Payment Date in which case the Bonds shall bear interest from the Dated Date. The Bonds will be issued and distributed in book-entry-only form through DTC, by depositing with DTC (or the Fiscal Agent as agent for DTC) one certificate for each maturity in fully registered form, registered in the name of DTC's nominee, Cede & Co., in an amount equal to the total principal amount of the Bonds maturing on the respective Principal Payment Dates as authorized herein. The manner of payment of the principal of and the interest on the Bonds to DTC, and other matters relating to the distribution of the Bonds in book-entry-only form through DTC, shall be governed by the Letter of Representation, which the Director of Finance is hereby authorized to execute and deliver on behalf of the City. Subject to the operational arrangements of DTC, in the event (i) DTC determines not to continue to act as securities depository for the Bonds, or (ii) the City determines that continuation of the book-entry-only system of evidence and transfer of ownership of the Bonds would adversely affect the interests of the beneficial owners of the Bonds, the City will discontinue the book-entry-only system with DTC. If the City fails to identify another qualified securities depository to replace DTC, the City will cause replacement Bonds in the form of fully registered certificates in denominations of $5,000, or integral multiples thereof not exceeding the principal amount thereof maturing on any Principal Payment Date, to be authenticated and delivered to the beneficial owners (to the extent such beneficial owners can be identified by the City). If issued in certificated form, the certificates representing the Bonds shall be numbered in such manner as the Bond Registrar shall determine. Section 2.03 Designation of Paying Agent and Bond Registrar. Pursuant to K.S.A. 10-620 et seq., the Governing Body has elected to have the provisions of the Kansas Bond Registration Law apply to the Bonds. The Treasurer of the State of Kansas, Topeka, Kansas, has been designated as the initial Paying Agent and Bond Registrar for the Bonds; provided, however, the City reserves the right, in its sole discretion, to designate successor Paying Agents and Bond Registrars with respect to the Bonds upon fifteen (15) days' written notice to the then acting Paying Agent and Bond Registrar. The Mayor and City Clerk are authorized and empowered to execute on behalf of the City all necessary agreements with the initial or any successor Bond Registrar and Paying Agent in connection with such designation. The Paying Agent shall make payment directly to DTC, as the Owner, for the principal of and the interest on the Bonds and DTC will remit such principal and interest to its Direct Participants for distribution to the beneficial owners in the manner set forth in the following Section 2.04(A) and as governed by the terms of the Letter of Representation. In the event that the Bonds should be issued and delivered in certificated form at any time after the initial delivery of the Bonds, the Fiscal Agent shall maintain Registration Books for the ownership of the Bonds on behalf of the City and the Paying Agent will make payment for the Bonds directly to the Owners as shown by said Registration Books in the manner set forth in the following Section 2.04(B). Section 2.04 Method and Place of Payment of Principal and Interest on Bonds. (A) Bonds Issued and Delivered in Book-Entry-Only Form. One certificate per maturity registered in the name of DTC's nominee, Cede & Co., for the total principal amount of the Bonds maturing on the respective Principal Payment Dates will be issued to DTC in New York, New York (or to the Fiscal Agent as agent for DTC) and such certificates will be immobilized in its custody. Purchases of the Bonds in denominations permitted by Section 2.02 hereof must be made by or through Direct Participants of DTC, which will receive a credit for the Bonds on DTC's records. The ownership interest of each actual purchaser of each Bond (the "beneficial owner") is in turn to be recorded on the Direct and Indirect Participants' records. Transfers of ownership will be effected on the records of DTC and its Participants pursuant to the rules and procedures established by DTC and its Participants. Payment of principal and interest on the Bonds will be made in same day funds directly to DTC. The transfer of principal and interest to Participants of DTC will be the responsibility of DTC; the transfer of principal and interest to beneficial owners by Participants of DTC will be the responsibility of such Participants. Neither the City nor the Paying Agent and Bond Registrar will be responsible or liable for maintaining, supervising or reviewing the records maintained by DTC, its Participants or persons acting through such Participants. (B) In the Event Certificated Bonds are Subsequently Issued. The principal of, premium, if any, and the interest on the Bonds shall be payable in lawful money of the United States of America by check or draft of the Paying Agent. The principal of and premium, if any, on the Bonds shall be paid to the Owner of each Bond upon presentation and surrender of the Bond to the Paying Agent for payment and cancellation on the maturity date or redemption date, as the case may be, of the Bond. The interest on the Bonds shall be mailed by the Paying Agent to the Owner of each Bond at the Owner's address as it appears on the Registration Books on the Record Dates, or at such other address as is provided in writing by such Owner to the Bond Registrar. Section 2.05 Method of Execution and Authentication of Bonds. The Bonds shall be executed for and on behalf of the City by the manual or facsimile signatures of its Mayor and City Clerk, and shall have impressed or imprinted thereon a true impression or a printed facsimile of the City's official seal. The Bonds shall be registered in the Office of the City Clerk, which registration shall be evidenced by the manual or facsimile signature of the City Clerk, on a Certificate of Registration printed on the Bonds, with the City's official seal or a facsimile thereof, impressed or imprinted opposite said signature. The Bonds shall be registered by the State Treasurer in the municipal bond register in her office, which registration shall be evidenced by the manual or facsimile signature of the State Treasurer and/or the Assistant State Treasurer on a Certificate of State Treasurer printed on the Bonds, attested by a true impression or a printed facsimile of the State Treasurer's official seal opposite such signature. In case any officer of the City or of the State whose manual or facsimile signature shall appear on the Bonds shall cease to be such officer before the actual delivery of the Bonds, such signature or facsimile thereof shall nevertheless be valid and sufficient for all purposes, the same as if such officer had remained in office until such delivery. No Bond shall be valid or obligatory for any purpose unless and until the Certificate of Authentication thereon shall have been duly executed by the Fiscal Agent, and such duly executed Certificate of Authentication shall be conclusive evidence that it has been authenticated and delivered under this Resolution. The Certificate of Authentication shall be deemed to have been duly executed by the Fiscal Agent when manually signed by an authorized officer or signatory thereof, and it shall not be necessary that the same officer or signatory of the Fiscal Agent manually sign the Certificate of Authentication on all Bonds issued under the Bond Ordinance and this Resolution. Section 2.06 Payment of Costs of Bonds. The City shall pay all fees and expenses incurred in connection with the printing, issuance, transfer, exchange, registration, redemption and payment of the Bonds, including the fees and expenses of the Fiscal Agent, except (i) reasonable fees and expenses in connection with the replacement of a Bond or Bonds mutilated, stolen, lost or destroyed, or (ii) any tax or other governmental charge imposed in relation to the transfer, exchange, registration, redemption or payment of the Bonds, or (iii) any additional costs or fees that might be incurred in the secondary market. Section 2.07 Form of Bonds. The definitive typewritten or printed form of the certificates representing the Bonds issued under this Resolution, including the registration certificates and certificate of authentication thereon, shall be in the form required by the laws of the State of Kansas, and shall contain the usual and required recitals and provisions, including a recital that they are issued under the authority of the Act. The Governing Body hereby approves the form and text of the certificates to be prepared for the Bonds, and hereby authorizes, orders and directs Bond Counsel to prepare the certificates to be used for the initial delivery of the Bonds and hereby further authorizes, orders and directs Bond Counsel, in the event the Bonds in certificated form are issued at any time after the initial issuance and delivery of the Bonds, to prepare the form of and cause such certificated Bonds to be printed. Section 2.08 Registration, Transfer and Exchange of Bonds. In the event the Bonds are subsequently issued in certificated form, the City shall cause books evidencing the registration and transfer of the ownership of the Bonds as provided in this Resolution to be kept by the Bond Registrar (the "Registration Books"), and the Bonds may be transferred only upon the Registration Books and upon the surrender thereof to the Bond Registrar duly endorsed for transfer or accompanied by an assignment duly executed by the Owner thereof, or his agent, in such form as shall be satisfactory to the Bond Registrar. Upon the surrender for transfer of any certificated Bond at its office, the Bond Registrar shall authenticate and deliver in the name of the transferee or transferees a new certificated Bond or Bonds of authorized denominations in the aggregate principal amount of the surrendered certificated Bond. The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation to such transfer or exchange. Upon the presentation of the necessary documents as hereinbefore described at the principal office of the Bond Registrar, the Bond Registrar shall transfer or exchange any Bond(s) for new Bond(s) in an authorized denomination of the same maturity and for the same aggregate principal amount as the Bond(s) presented for transfer or exchange, All Bonds presented for transfer or exchange shall be surrendered to the Bond Registrar for cancellation, Prior to delivery of any new Bond(s) to the transferee, the Bond Registrar shall register the same in the Registration Books and shall authenticate each such new Bond. The City and the Bond Registrar shall not be required to issue, register, transfer or exchange any Bonds during a period beginning on the day following the Record Date preceding any Interest Payment Date and ending at the close of business on the Interest Payment Date. Bonds delivered upon any transfer or exchange shall be valid obligations of the City, evidencing the same debt as the Bonds surrendered, shall be secured by the Bond Ordinance and this Resolution and shall be entitled to all of the security and benefits hereof and pledges made herein to the same extent as the Bonds surrendered. The person(s) in whose name any Bond is registered as shown on the Registration Books shall be deemed and regarded as the absolute Owner thereof for all purposes. Payment of, or on account of the principal of and the interest on any Bond shall be made only to or upon the order of the Owner or his duly authorized agent; except that, so long as the Bonds remain issued in book-entry-only form, DTC shall be considered to be the Owner of the Bonds, and such payments shall be made only to DTC in accordance with Section 2.04(A) of this Resolution. All such payments shall be valid and effectual to satisfy and discharge the City's liability upon such Bond, including the interest thereon, to the extent of the sum or sums so paid. Section 2.09 Mutilated, Lost, Stolen or Destroyed Bonds. In the event any certificate representing a Bond is mutilated, lost, stolen or destroyed, the City shall execute, and the Fiscal Agent shall authenticate and deliver, a new certificate of like date, maturity, denomination and interest rate as that mutilated, lost, stolen or destroyed; provided, that in the case of any mutilated Bond, such mutilated Bond shall first be surrendered to the Fiscal Agent, and, in the case of any lost, stolen or destroyed Bond there shall first be furnished to the Fiscal Agent and the City, evidence of such loss, theft or destruction satisfactory to them, together with an indemnity satisfactory to the City and the Fiscal Agent. In the event any such Bond shall have matured or been called for redemption, instead of issuing a duplicate bond the City may pay the same without the surrender thereof. The City and the Fiscal Agent may charge to the Owner of such Bond their reasonable fees and expenses in connection with the replacement of such Bond or Bonds. Section 2.10 Surrender and Cancellation of Bonds. Whenever any Outstanding Bond shall be delivered to the Fiscal Agent after full payment thereof or for replacement pursuant to this Resolution, such Bond shall be canceled and destroyed by the Fiscal Agent and counterparts of a Certificate of Destruction describing Bonds so destroyed and evidencing such destruction shall be furnished by the Fiscal Agent to the City, or such Bond shall be canceled and the canceled Bond shall be returned to the City. Section 2.11 Execution and Delivery of the Bonds. The Mayor and City Clerk are hereby empowered, authorized and directed to prepare and execute the Bonds without unnecessary delay in the form and manner hereinbefore specified, including a reasonable quantity of replacement bond certificates for use in exchanges, transfers and replacements in accordance with the provisions of this Resolution and when executed the Bonds shall be registered in the Office of the City Clerk and in the Office of the State Treasurer, as required by law and as hereinbefore provided, and shall thereupon be deposited with the Fiscal Agent for authentication. When the Bonds shall have been so executed, registered and authenticated, they shall be delivered at one time to or upon the order of the Original Purchaser, but only upon receipt by the City of the Purchase Price therefor and the proceeds of the Bonds shall immediately be applied by the City as hereinafter in this Resolution provided. Section 2.12 Official Statement. The Governing Body hereby approves the form and content of the "deemed final" Preliminary Official Statement prepared for use in the initial offering and sale of the Bonds, and the form and content of any addenda, supplement, or amendment thereto necessary to conform the offering document to the terms of this Resolution, to include information newly available due to assignment of ratings by one or more rating agencies, or incorporate such other minor corrections or additions as may be approved by the City's debt coordinator, including specifically the insertion of interest rates and yields for the Bonds. The lawful use of the final Official Statement in the reoffering of the Bonds by the Original Purchaser is hereby approved and authorized. ARTICLE III REDEMPTION OF BONDS Section 3.01 Optional Redemption. The Bonds maturing September 1, 2007, to September 1, 2016, inclusive, shall mature and become due on their respective maturity dates without the option of prior redemption and payment. At the option of the City, the Bonds maturing September 1, 2017, and thereafter, may be called for redemption and payment prior to the respective stated maturities thereof on and after September 1, 2016. Bonds called for redemption and payment may be called in whole or in part at any time from and after the first date authorized for redemption as aforesaid (the date being so set for redemption and payment being referred to as the "Redemption Date"). Bonds called for redemption and payment as aforesaid shall be redeemed at a price (expressed as a percentage of the principal amount), as follows, plus accrued interest to the Redemption Date: Redemption Dates Redemption Prices September 1, 2016, through August 31, 2017 101.00% September 1, 2017, through August 31, 2018 100.50% September 1, 2018, and thereafter 100.00% Section 3.02 Selection of Bonds to be Redeemed. The Bonds shall be redeemed only in face amounts of $5,000 or integral multiples thereof and if the City elects to call for redemption less than all of the Bonds at the time Outstanding, the Bonds shall be redeemed in such equitable manner as the City shall determine, with Bonds of less than a full maturity to be selected by lot in units of $5,000. In the case of a partial redemption of Bonds by lot when Bonds of denominations greater than $5,000 are then Outstanding, then, for all purposes in connection with such redemption, each $5,000 of face value of a Bond shall be treated as though it were a separate Bond in the denomination of $5,000. If it is determined that one or more, but not all, of the $5,000 units of face value represented by any Bond has been selected for redemption, then upon receipt of notice of such redemption, the Owner shall forthwith present and surrender such Bond to the Fiscal Agent (i) for payment of the redemption price and accrued interest to the Redemption Date of the $5,000 unit or units of face value of the Bond called for redemption, and (ii) for exchange, without charge to the Owner, for a new Bond or Bonds of the aggregate principal amount of the unredeemed portion of the principal amount of such Bond. If the Owner of any Bond of a denomination greater than $5,000 of which one or more, but not all, of the $5,000 units of face value thereof has been selected for redemption shall fail to present such Bond as aforesaid, the $5,000 units of the face value of such Bond which have been selected for redemption shall, nevertheless, become due and payable on the Redemption Date, and no further interest shall accrue on such redeemed but unpresented $5,000 units of face value from and after the Redemption Date. Section 3.03 Notice of Redemption. The City shall give notice of any call for redemption and payment in writing to the Fiscal Agent not less than sixty (60) days prior to the Redemption Date; and the Fiscal Agent shall give notice of such call for redemption and payment in writing mailed via United States first class mail to the Owners of the Bonds so called not less than thirty (30) days prior to the Redemption Date, unless any Owner has waived such written notice of redemption. The City shall also give or cause to be given such additional notice of any call for redemption and payment as may be required by the laws of the State which are in effect as of the date of giving any such notice. All notices of redemption given under the provisions of this Article shall state (i) the Redemption Date, (ii) the redemption price, (iii) if less than all Outstanding Bonds are to be redeemed, the identification (and, in the case of partial redemption, the respective principal amounts) of the Bonds to be redeemed, (iv) that on the Redemption Date the principal amount, and premium, if any, will become due and payable upon each such Bond or portion thereof which has been selected for redemption, and that the interest thereon shall cease to accrue from and after the Redemption Date, and (v) that the Bonds so selected for redemption are to be surrendered to or at the principal office of the Fiscal Agent for payment. Section 3.04 Deposit of Moneys for and Payment of Redemption Price. On or prior to the Redemption Date, the City shall cause to be deposited with the Fiscal Agent sufficient funds to pay the redemption price, together with all unpaid and accrued interest thereon to the Redemption Date, of all Bonds or portions thereof selected for redemption on the Redemption Date. Upon the surrender by the Owners of Bonds selected for redemption, the Fiscal Agent shall pay the redemption price therefor to the Owners. If one or more, but not all, of the $5,000 units of face value represented by any Bond is selected for redemption and surrendered and paid, then the Fiscal Agent shall prepare and furnish to the Owner thereof a new Bond or Bonds of the same maturity and in the amount of the unredeemed portion of such Bond as provided by Section 3.02 above. All Bonds selected, called and surrendered for redemption shall be canceled by the Fiscal Agent and shall not be reissued. Section 3.05 Effect of Call for Redemption. Whenever any Bond, or one or more of the $5,000 units of face value represented by any Bond, has been selected for redemption and payment as provided in this Article, all interest on such Bond, or such one or more of the $5,000 units of face value represented by any such Bond, shall cease from and after the Redemption Date, provided funds are then available for its payment at the price hereinbefore specified. ARTICLE IV FUNDS AND ACCOUNTS Section 4.01 Creation of Funds and Accounts. Simultaneously with the issuance and delivery of the Bonds, there shall be created within the Treasury of the City, the following designated funds and accounts: (A) Improvement Account for the City of Wichita, Kansas, General Obligation Bonds, Series 786A; (B) Principal and Interest Account for the City of Wichita, Kansas, General Obligation Bonds, Series 786A, to be created within the City's Debt Service Fund; and (C) Excess Earnings Account for the City of Wichita, Kansas, General Obligation Bonds, Series 786A. Section 4.02 Administration of Funds and Accounts. The funds and accounts established and created by this Article shall be administered in accordance with the provisions of this Resolution for so long as any of the Bonds remain Outstanding. ARTICLE V APPLICATION OF BOND PROCEEDS; DISPOSITION OF MONEYS IN FUNDS AND ACCOUNTS Section 5.01 Application of Bond Proceeds. Upon the issuance and delivery of the Bonds, the proceeds thereof shall be deposited into the Treasury of the City and credited to the various funds and accounts created by Article IV of this Resolution, as follows: (A) To the Principal and Interest Account, the portion of the Purchase Price which represents accrued interest paid on the Bonds and the portion of the Purchase Price which represents the premium, if any, paid on the Bonds; and (B) The balance of the proceeds, in the amount of $920,000, to the Improvement Account. Section 5.02 Disposition of Principal and Interest Account. Moneys deposited in the Principal and Interest Account from the proceeds of the Bonds as provided by clause (A) of the preceding Section, shall be used exclusively for the payment of interest on the Bonds on the first Interest Payment Date. Moneys deposited in the Principal and Interest Account from other sources, as provided by the succeeding Sections or elsewhere in this Resolution, shall be used exclusively for the payment of the principal of, premium, if any, and the interest on the Bonds, and for payment of the usual and customary fees and expenses of the Fiscal Agent. Section 5.03 Withdrawals from Principal and Interest Account; Transfer of Funds to Fiscal Agent. The Director of Finance is hereby authorized and directed to cause to be withdrawn from the Principal and Interest Account and forwarded to the Fiscal Agent, a sum sufficient to pay the principal of, premium, if any, and the interest on the Bonds as and when the same become due and payable together with such sum as may be required to pay the fees and charges of the Fiscal Agent, if any, for acting in such capacity, and the sum for charges of the Fiscal Agent shall be forwarded to the Fiscal Agent over and above the amount required to pay the Bonds as aforesaid. If, through the lapse of time or otherwise, the Owner of any Bond shall no longer be entitled to enforce payment of such Bond, it shall be the duty of the Fiscal Agent to forthwith return such unexpended funds to the City. All moneys transferred to the Fiscal Agent shall be deemed to be deposited in accordance with and subject to all of the provisions contained in this Resolution, and shall be deemed to be deposited with the Fiscal Agent in trust for and on behalf of the Owners of the Bonds. Section 5.04 Surplus in Principal and Interest Account. Any moneys remaining in the Principal and Interest Account, from whatever source, from and after the retirement of all general obligation bond issues of the City shall be transferred and paid into the General Fund of the City. Section 5.05 Disposition of Improvement Account. Moneys in the Improvement Account shall be used solely for the purpose of paying the Improvement Costs. The City covenants that in the making of the Improvements, it will perform all duties and obligations relative to such Improvements as are now or may be hereafter imposed by the Act and the provisions of this Resolution. Section 5.06 Withdrawals from Improvement Account. Withdrawals from the Improvement Account shall be made only for a purpose within the scope of the Improvements and as payment for Improvement Costs and the amount of such payments shall represent only the contract price or reasonable value of the property, labor, materials, service or obligations being paid for, or if such payment is not being made pursuant to an express contract, such payments shall not be in excess of the reasonable value thereof. Section 5.07 Surplus in Improvement Account. All moneys remaining in the Improvement Account after the completion of the Improvements and the payment of all Improvement Costs shall be immediately transferred to the Principal and Interest Account. ARTICLE VI DEPOSITS AND INVESTMENT OF MONEYS Section 6.01 Deposits. Cash moneys in each of the funds and accounts created and established by this Resolution shall be deposited in a bank(s) or Federal or state chartered savings and loan association(s) with offices located within Sedgwick County, Kansas, whose deposits are insured by the Federal Deposit Insurance Corporation, and all such deposits shall be adequately secured by the bank(s) or savings and loan association(s) holding such deposits in accordance with the laws of the State. Section 6.02 Investments. Moneys held in the funds and accounts created and established by this Resolution may be invested by the City in Authorized Investments, or in other investments allowed by the laws of the State, in such amounts and maturing at such times as shall reasonably provide for moneys to be available when required in said funds and accounts; provided, however, that no such investment shall be made for a period extending longer than to the date when the moneys so invested may be needed in the fund or account for the purpose for which it was created and established; and provided further, that such moneys shall not be invested in such manner as will violate the provisions of the Certificate as to Arbitrage and Related Tax Matters. All interest on any Authorized Investment made from the moneys in any fund or account created and established by this Resolution shall (except the amounts which are required to be deposited into the Excess Earnings Account in accordance with the Certificate as to Arbitrage and Related Tax Matters) accrue to and become a part of such originating fund or account. The Value of the investments held in the funds and accounts under the provisions of this Resolution, shall be determined as of the end of each calendar month. All investments made pursuant hereto shall be made in accordance with the Certificate as to Arbitrage and Related Tax Matters. Section 6.03 Deposits into and Application of Moneys in Excess Earnings Account. (A) The City shall deposit into the Excess Earnings Account such amounts as are required to be deposited therein pursuant to the Certificate as to Arbitrage and Related Tax Matters. All earnings on investments of moneys held in the Excess Earnings Account shall be retained in the Excess Earnings Account. Subject to the payment provisions provided in subsection (B) below, all amounts on deposit in the Excess Earnings Account shall be held by the City in trust, to the extent required to satisfy the Rebate Amount (as defined in the Certificate as to Arbitrage and Related Tax Matters), for payment to the United States of America, and neither the City nor the Owner of any Bond shall have any right in or claim to such money. All amounts held in the Excess Earnings Account shall be governed by this Section and by the Certificate as to Arbitrage and Related Tax Matters. (B) The City shall remit part or all of the balances in the Excess Earnings Account to the United States of America in accordance with the Certificate as to Arbitrage and Related Tax Matters (such amounts herein referred to as the "Rebate Amounts"). Any funds remaining in the Excess Earnings Account after redemption and payment of all of the Bonds and payment and satisfaction of any Rebate Amount, or provision having been made therefor, shall be withdrawn and released from the Excess Earnings Account and shall be deposited into the City's General Fund. (C) Notwithstanding any other provision of this Resolution, including in particular the provisions of this Section, the City's obligation to remit the Rebate Amount to the United States of America and to comply with all other requirements of this Section and the Certificate as to Arbitrage and Related Tax Matters shall survive the defeasance or payment in full of the Bonds. (D) The City shall maintain records designed to show compliance with the provisions of this Section and the Certificate as to Arbitrage and Related Tax Matters for at least six (6) years after the date on which no Bonds shall remain Outstanding. (E) The terms, conditions and provisions under which the City will perform its duties regarding the Excess Earnings Account and any Rebate Amount are set forth in a Certificate as to Arbitrage and Related Tax Matters dated as of the Date of Issuance. The form and text of the Certificate as to Arbitrage and Related Tax Matters is hereby approved and accepted by the Governing Body, and all of the covenants, duties and responsibilities therein contained which are to be performed by and on behalf of the City are hereby declared to be the covenants, duties and responsibilities of the City as though fully set forth at this place. The Mayor and the City Clerk or Director of Finance, as appropriate, or such other officer as may be directed by the Mayor, shall be and are hereby authorized to execute and deliver the Certificate as to Arbitrage and Related Tax Matters for and on behalf of the City. The entire text of the Certificate as to Arbitrage and Related Tax Matters is by reference hereby incorporated in and made a part of this Resolution as though fully set forth at this place. ARTICLE VII PROVISION FOR PAYMENT OF BONDS Section 7.01 Levy and Collection of Annual Taxes. Pursuant to the Bond Ordinance, the Governing Body covenants that it shall annually make provision for the payment of the principal of, premium, if any, and the interest on the Bonds as and when the same becomes due and payable by levying and collecting the necessary special assessment taxes upon the real properties within the City liable therefor as provided by law; provided, that if the amounts collected from such special assessment taxes are insufficient to fully pay the maturing principal and interest on the Bonds when due, then the Governing Body shall levy ad valorem taxes upon all of the taxable tangible property located within the territorial limits of the City in such amounts as are necessary to rectify any deficiency in the amount of special assessment taxes collected. Section 7.02 Disposition of Taxes; Untimely Receipt. The proceeds derived from the aforesaid annual taxes shall be deposited into the Principal and Interest Account when received; provided, if at any time the amount in the Principal and Interest Account shall be insufficient to make the payments of the principal of and the interest on the Bonds when required because of an untimely collection and/or receipt of said taxes, the Director of Finance is authorized to cause to be transferred to the Principal and Interest Account from the City's general funds, the amount required for such payments and to then reimburse the City's general funds for such expended amounts immediately upon the collection and receipt of said taxes. ARTICLE VIII DEFAULT AND REMEDIES Section 8.01 Resolution Constitutes Contract; Remedies of Owners. The provisions of the Bond Ordinance and this Resolution, and all of the covenants and agreements therein and herein contained, shall constitute a contract between the City and the Owners, and the Owner or Owners of any of the Bonds at the time Outstanding shall have the right, for the equal benefit and protection of all Owners similarly situated: (A) By mandamus or other suit, action or proceedings at law or in equity to enforce his or their rights against the City and its officers, agents and employees, and to require and compel the City and its officers, agents and employees to perform all duties and obligations required by the provisions of the Bond Ordinance and this Resolution or by the constitution and laws of the State; (B) By suit, action or other proceedings in equity or at law to require the City, its officers, agents and employees to account as if they were the trustees of an express trust; and (C) By suit, action or other proceedings in equity or at law to enjoin any acts or things which may be unlawful or in violation of the rights of the Owners. Section 8.02 Rights of Owners; Limitations. The covenants and agreements of the City contained herein, in the Bond Ordinance and in the Bonds shall be for the equal benefit, protection and security of the Owners of any or all of the Bonds, all of which Bonds shall be of equal rank and without preference or priority of any one Bond over any other Bond in the application of the moneys herein pledged to the payment of the principal of, premium, if any, and the interest on the Bonds, or otherwise, except as to the rate of interest, Principal Payment Date and right of prior redemption as provided in this Resolution. No one or more of the Owners secured hereby shall have any right in any manner whatsoever by his or their action to affect, disturb or prejudice the security granted and provided for herein, or to enforce any right hereunder, except in the manner herein provided, and all proceedings at law or in equity shall be instituted, had and maintained for the equal benefit of all Owners of the Outstanding Bonds. Nothing in this Resolution, in the Bond Ordinance or in the Bonds shall affect or impair the obligations of the City to pay on the respective dates of maturity thereof, the principal of and the interest on the Bonds to the respective Owners thereof or affect or impair the right of action of any Owner to enforce payment of the Bonds held by him, or to reduce to judgment his claim against the City for payment of the principal of and interest on the Bonds without reference to or consent of any other Owner. Section 8.03 Remedies Cumulative; Delay or Omission Not Waiver. No remedy herein conferred upon the Owners is intended to be exclusive of any other remedy or remedies, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute, and may be exercised without exhausting and without regard to any other remedy however given. No waiver by the Owner of any Bond of any default or breach of duty or contract by the City shall extend to or affect any subsequent default or breach of duty or contract by the City or shall impair any rights or remedies therefor available to the Owners. No delay or omission of any Owner to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver of any such default or as an acquiescence therein. Every substantive right, power and remedy given by this Resolution to the Owners, respectively, may be exercised from time to time and as often as may be deemed expedient. In case any suit, action or other proceedings taken by any Owner on account of any default or to enforce any right or exercise any remedy shall have been discontinued or abandoned for any reason, or shall have been determined adversely to the Owner, then in every such case the City and the Owners shall be restored to their former positions and rights hereunder, respectively, and all rights, remedies, powers and duties of the Owners shall continue as though no such suit, action or other proceedings had been brought or taken. ARTICLE IX AMENDMENTS Section 9.01 Amendments. The City may, without the consent of or notice to the Owners, amend or supplement the provisions of this Resolution (i) to cure any ambiguity herein or to correct or supplement any provision herein which may be inconsistent with any other provision herein or to correct errors, provided such action shall not materially adversely affect the interest of the Owners, or (ii) to grant or confer upon the Owners any additional rights, remedies, powers or security that may lawfully be granted or conferred upon the Owners, or (iii) to more precisely identify the Improvements, or (iv) to provide for the issuance of coupon bonds and the exchange of the fully registered Bonds for coupon bonds upon such terms and conditions as the City shall determine; provided, however, that any amendment as provided in this clause (iv) shall not become effective unless and until the City shall have received an opinion of Bond Counsel, in form and substance satisfactory to the City, to the effect that the issuance of such coupon bonds or the exchange of the fully registered Bonds for such coupon bonds, will not cause the interest on the Bonds to be includable in the gross income of recipients thereof under the provisions of the applicable Federal law, or (v) to conform this Resolution to the Code or any future applicable Federal law concerning tax-exempt obligations. The rights and duties of the City and the Owners and the terms and provisions of this Resolution may be modified or altered in any respect by a resolution of the City with the consent of the Owners of not less than seventy-five percent (75%) in principal amount of the Bonds then Outstanding, such consent to be evidenced by an instrument or instruments executed by the Owners and duly acknowledged or proved in the manner of a deed to be recorded, and such instrument or instruments shall be filed with the City Clerk; provided that, no such modification or alteration shall, except with the written consent of one hundred percent (100%) of the Owners of the Bonds then Outstanding: (A) Extend the maturity of any payment of principal or interest due upon any Bond; (B) Effect a reduction in the amount which the City is required to pay by way of the principal of or the interest on any Bond; (C) Permit a preference or priority of any Bond or Bonds over any other Bond or Bonds; or (D) Reduce the percentage of the principal amount of the then Outstanding Bonds for which the written consent of the Owners is required for any modification or alteration of the provisions of this Resolution. Section 9.02 Written Evidence of Amendments. Any and all modifications or amendments to this Resolution or of the Bonds shall be made in the manner hereinabove provided, and shall not become effective until there has been filed with the City Clerk a copy of the resolution of the City authorizing said modifications or amendments, as hereinabove provided for, duly certified, as well as proof of consent to such modifications or amendments by the Owners of not less than the percentage of the principal amount of Bonds then Outstanding as hereinabove required. It shall not be necessary to note on any Outstanding Bond any reference to such amendment or modification. A certified copy of every such amendatory or supplemental ordinance or resolution, if any, and a certified copy of the Bond Ordinance and this Resolution, shall always be kept on file in the Office of the City Clerk and shall be made available for inspection by the Owner of any Bond or the prospective purchaser or owner of any Bond, and upon payment of the reasonable cost of preparing same, a certified copy of any such amendatory or supplemental ordinance or resolution of the Bond Ordinance or this Resolution will be sent by the City Clerk to any such Owner or prospective Owner. ARTICLE X DEFEASANCE Section 10.01 Defeasance. When all or any part of the principal of, premium, if any, and the interest on the Bonds shall have been paid and discharged, then the requirements contained herein and all other rights granted by the Bond Ordinance and this Resolution shall cease and determine with respect to that principal, premium and interest so paid. The Bonds shall be deemed to have been paid and discharged within the meaning of this Resolution if there shall have been deposited with the Fiscal Agent or with a bank located in the State of Kansas and having full trust power; at or prior to the maturity or redemption date of the Bonds, in trust for and irrevocably appropriated thereto, moneys and/or Government Obligations consisting of direct obligations of, or obligations the payment of the principal of and the interest on which are guaranteed by, the United States of America, or other investments allowed by the laws of the State, which together with the interest to be earned on such Government Obligations or other investments, will be sufficient for the payment of the principal of the Bonds, the premium, if any, and the interest thereon to the date of maturity or the Redemption Date, as the case may be; or if default in such payment shall have occurred on such date, then to the date of the tender of such payments, provided always that if any Bonds shall be redeemed prior to the maturity thereof, the City shall have elected to redeem such Bonds and notice of such redemption shall have been given as provided by the terms of this Resolution. Any moneys and Government Obligations which at any time shall be deposited with the Fiscal Agent or a Kansas bank by or on behalf of the City, for the purpose of paying and discharging any of the Bonds or interest thereon, shall be and are hereby assigned, transferred and set over to the Fiscal Agent or such Kansas bank in trust for the respective Owners of the Bonds, and such moneys shall be and are hereby irrevocably appropriated to the payment and discharge thereof. All moneys and Government Obligations so deposited with the Fiscal Agent or a Kansas bank shall be deemed to be deposited in accordance with and subject to all of the provisions contained in this Resolution. ARTICLE XI MISCELLANEOUS PROVISIONS Section 11.01 Tax Covenants. The Governing Body hereby covenants and agrees that so long as any of the Bonds remain outstanding and unpaid, it will not take any action, or fail to take any action in its power, if any such action or the failure to take such action, would adversely affect the continued exclusion from gross income for purposes of Federal income taxation of the interest on the Bonds under Section 103 of the Code, and further covenants to comply with all other provisions of the Code, as the same may be amended, and any applicable rules and regulations of the United States Treasury Department thereunder, to the extent applicable to the Bonds. The Governing Body hereby further covenants that it will use and expend the proceeds of the Bonds for the purpose for which they are issued as soon as practicable and with all reasonable dispatch, and that it will not directly or indirectly use or permit the use of the proceeds of the Bonds or any other funds of the City, or take or omit to take any action which, if such use or taking or omission of action had been reasonably expected on the Date of Issuance, would have caused the Bonds to be "arbitrage bonds" within the meaning of Section 103(b)(2) of the Code and that to that end, it will comply with all applicable requirements of Section 148 of the Code and the rules and regulations of the United States Treasury Department thereunder to the extent applicable to the Bonds for so long as any of the Bonds remain outstanding and unpaid. Without limiting the generality of the foregoing, the Governing Body agrees that there shall be paid from time to time, all amounts required to be rebated to the United States of America pursuant to Section 148(f) of the Code, and any temporary, proposed or final Treasury regulations as may be applicable to the Bonds from time to time. This covenant shall survive payment in full or the defeasance of the Bonds and the Governing Body specifically hereby covenants to pay or cause to be paid to the United States of America, at the times and in the amounts determined under this Resolution, the Rebate Amount as described in the Certificate as to Arbitrage and Related Tax Matters. Section 11.02 Severability. In case any one or more of the provisions of the Bond Ordinance, this Resolution or of the Bonds issued thereunder shall for any reason be held to be illegal or invalid, such illegality or invalidity shall not affect any other provision of the Bond Ordinance, this Resolution or the Bonds appertaining thereto, but the Bond Ordinance, this Resolution and the Bonds shall be construed and enforced as if such illegal or invalid provision had not been contained therein. In case any covenant, stipulation, obligation or agreement contained in the Bonds or in the Bond Ordinance or this Resolution shall for any reason be held to be in violation of law, then such covenant, stipulation, obligation or agreement shall be deemed to be the covenant, stipulation, obligation or agreement of the City to the full extent permitted by law. Section 11.03 Further Authority. The Governing Body hereby authorizes, orders and directs the Mayor to execute, and the City Clerk to attest by signing and affixing the official seal of the City, and thereupon deliver this Resolution. The Governing Body hereby further authorizes, orders and directs the Mayor and the City Clerk, or the Director of Finance, as appropriate, or such other officers, officials, agents and employees of the City as the Mayor may designate and direct, to execute and deliver any and all supporting documents and certificates required in the issuance of the Bonds, including final certificates required to be included in the official Transcript of Proceedings relating to the authorization and issuance of the Bonds, all for and on behalf of and as the act and deed of the City and without further action by the Governing Body, such documents to be in substantially the forms thereof as are presented to the Governing Body this date, with such minor corrections or amendments thereto as the Mayor shall approve, which approval shall be evidenced by his execution thereof and the Mayor and City Clerk, or the Director of Finance, as appropriate, or such other officers, officials, agents and employees of the City as the Mayor may designate and direct, are also authorized to execute and deliver such other documents, certificates and instruments as may be necessary or desirable in order to carry out, give effect to and comply with the intent of this Resolution and to give effect to the transactions contemplated hereby. The execution and attestation of this Resolution and such other documents, certificates and instruments as may be necessary or desirable to carry out, give effect to and comply with the intent of this Resolution, shall be conclusive as to the approval of said documents and each of them. The Governing Body shall, and the officers, agents and employees of the City are hereby authorized and directed to, take such actions, expend such funds and execute such other documents, certificates and instruments as may be necessary or desirable to carry out, give effect to and comply with the provisions of and transactions contemplated by this Resolution and to carry out, give effect to and comply with and perform the duties of the City with respect to the Bonds and the Official Statement. Section 11.04 Governing Law. This Resolution, the Bond Ordinance and the Bonds shall be governed exclusively by and shall be construed in accordance with the applicable laws of the State. Section 11.05 Effective Date. This Resolution shall be in force and take effect from and after its adoption and approval by the Governing Body of the City. (The Remainder of This page Was Intentionally Left Blank) ADOPTED AND APPROVED by the Governing Body of the City of Wichita, Kansas, on July 11, 2006. ___________________________________ Carlos Mayans, Mayor (Seal) ATTEST: ______________________________________ Karen Sublett, City Clerk APPROVED AS TO FORM: By: ___________________________________ Gary E. Rebenstorf, Director of Law 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, CARLOS MAYANS, 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, July 11, 2006, of an ordinance entitled: "AN ORDINANCE AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF GENERAL OBLIGATION BONDS, SERIES 786, OF THE CITY OF WICHITA, KANSAS, IN THE TOTAL PRINCIPAL AMOUNT OF $10,575,000, FOR THE PURPOSE OF PROVIDING THE NECESSARY FUNDS TO PAY COSTS IN CONNECTION WITH THE MAKING OF CAPITAL IMPROVEMENTS IN THE CITY; PROVIDING FOR THE LEVY AND COLLECTION OF AN ANNUAL TAX FOR THE PURPOSE OF PROVIDING FOR THE PAYMENT OF THE PRINCIPAL OF AND INTEREST ON THE BONDS AS IT BECOMES DUE AND PAYABLE; AND MAKING CERTAIN OTHER COVENANTS AND AGREEMENTS WITH RESPECT TO THE BONDS." The general nature of such emergency is to enable the City to deliver the Series 786 Bonds authorized by said Ordinance on August 10, 2006. 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 _____ day of _____________, 2006. Carlos Mayans, Mayor Karen Sublett, City Clerk 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, CARLOS MAYANS, 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, July 11, 2006, of an ordinance entitled: "AN ORDINANCE AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF GENERAL OBLIGATION BONDS, SERIES 786A, OF THE CITY OF WICHITA, KANSAS, IN THE TOTAL PRINCIPAL AMOUNT OF $920,000, FOR THE PURPOSE OF PROVIDING THE NECESSARY FUNDS TO PAY COSTS IN CONNECTION WITH THE MAKING OF CAPITAL IMPROVEMENTS IN THE CITY; PROVIDING FOR THE LEVY AND COLLECTION OF AN ANNUAL TAX FOR THE PURPOSE OF PROVIDING FOR THE PAYMENT OF THE PRINCIPAL OF AND INTEREST ON THE BONDS AS IT BECOMES DUE AND PAYABLE; AND MAKING CERTAIN OTHER COVENANTS AND AGREEMENTS WITH RESPECT TO THE BONDS." The general nature of such emergency is to enable the City to deliver the Series 786A Bonds authorized by said Ordinance on August 10, 2006. 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 _____ day of _____________, 2006. Carlos Mayans, Mayor Karen Sublett, City Clerk 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, CARLOS MAYANS, 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, July 11, 2006, of an ordinance entitled: "AN ORDINANCE AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF GENERAL OBLIGATION RENEWAL AND IMPROVEMENT NOTES, SERIES 216, OF THE CITY OF WICHITA, KANSAS, IN THE TOTAL PRINCIPAL AMOUNT OF $54,455,000, FOR THE PURPOSE OF PROVIDING THE NECESSARY FUNDS TO RENEW A PORTION OF THE PRINCIPAL AMOUNT OF TEMPORARY NOTES PREVIOUSLY ISSUED FOR THE INTERIM FINANCING OF COSTS IN CONNECTION WITH PREVIOUSLY COMMENCED CAPITAL IMPROVEMENTS IN THE CITY, AND FOR THE INTERIM FINANCING OF COSTS IN CONNECTION WITH NEWLY COMMENCED CAPITAL IMPROVEMENTS IN THE CITY; PROVIDING FOR THE PAYMENT OF THE PRINCIPAL OF AND INTEREST ON THE NOTES; AND MAKING CERTAIN OTHER COVENANTS AND AGREEMENTS WITH RESPECT TO THE NOTES." The general nature of such emergency is to enable the City to deliver the Series 216 Notes authorized by said Ordinance on August 10, 2006. 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 _____ day of _____________, 2006. Carlos Mayans, Mayor Karen Sublett, City Clerk 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, CARLOS MAYANS, 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, July 11, 2006, of an ordinance entitled: "AN ORDINANCE AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF GENERAL OBLIGATION RENEWAL AND IMPROVEMENT NOTES, SERIES 217 (TAXABLE UNDER FEDERAL LAW), OF THE CITY OF WICHITA, KANSAS, IN THE TOTAL PRINCIPAL AMOUNT OF $4,390,000, FOR THE PURPOSE OF PROVIDING THE NECESSARY FUNDS TO RENEW A PORTION OF THE PRINCIPAL AMOUNT OF TEMPORARY NOTES PREVIOUSLY ISSUED FOR THE INTERIM FINANCING OF COSTS IN CONNECTION WITH PREVIOUSLY COMMENCED CAPITAL IMPROVEMENTS IN THE CITY; PROVIDING FOR THE PAYMENT OF THE PRINCIPAL OF AND INTEREST ON THE NOTES; AND MAKING CERTAIN OTHER COVENANTS AND AGREEMENTS WITH RESPECT TO THE NOTES." The general nature of such emergency is to enable the City to deliver the Series 217 Notes authorized by said Ordinance on August 10, 2006. 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 _____ day of _____________, 2006. Carlos Mayans, Mayor Karen Sublett, City Clerk Agenda Item No. 31. City of Wichita City Council Meeting July 11, 2006 Agenda Report No. 06-0717 TO: Mayor and City Council Members SUBJECT: 151st St. West Improvement, between Maple and 1/2 mile south of Maple (District V) INITIATED BY: Department of Public Works AGENDA: New Business Recommendations: Approve the project. Background: The 2005-2014 Capital Improvement Program (CIP) adopted by the City Council includes a project to improve 151st St. West between Kellogg and Maple in 2006. It is proposed that the unpaved section of 151st Street between Maple and 1/2 mile south of Maple be paved to a two-lane asphalt mat standard. District V Advisory Board sponsored a June 5, 2006, neighborhood hearing on the project. The Board voted 8-0 to recommend approval of the project. Analysis: The new pavement will match the existing paved section of 151st Street from Kellogg to 1/2 mile north of Kellogg. Construction is planned to begin this summer. Financial Considerations: The budget contained in the CIP is $250,000. The current estimated project cost is $400,000, which includes $40,000 previously approved by the City Council for design expenses. The funding source is General Obligation Bonds. Funding for the increased City cost is available from savings in the 29th St. North improvement, between Tyler and Maize, which has been cancelled. Goal Impact: This project addresses the Ensure Efficient Infrastructure goal by improving a vital arterial street. It also addresses the Economic Vitality and Affordable Living goal by providing a public improvement necessary for the private sector's development of the surrounding area. Legal Considerations: The Law Department has approved the authorizing Ordinance as to legal form. Recommendation/Actions: It is recommended that the City Council approve the project and place the Ordinance on First Reading. Attachments: Ordinance. First Published in the Wichita Eagle on ORDINANCE NO. __________________ AN ORDINANCE DECLARING 151ST ST. WEST, BETWEEN MAPLE AND 1/2 MILE SOUTH OF MAPLE (472-84318) TO BE A MAIN TRAFFICWAY WITHIN THE CITY OF WICHITA, KANSAS; DECLARING THE NECESSITY OF AND AUTHORIZING CERTAIN IMPROVEMENTS TO SAID MAIN TRAFFICWAY; AND SETTING FORTH THE NATURE OF SAID IMPROVEMENTS, THE ESTIMATED COSTS THEREOF, AND THE MANNER OF PAYMENT OF SAME. WHEREAS, K.S.A. 12-685 provides that the governing body of any city shall have the power to designate and establish by ordinance any existing or proposed street, boulevard, avenue, or part thereof to be a main trafficway, the main function of which is the movement of through traffic between areas of concentrated activity within the city, and WHEREAS, K.S.A. l2-687 provides that the governing body of any city shall have the power to improve or reimprove or cause to be improved or reimproved, any main trafficway or trafficway connection designated and established under the provisions of K.S.A. l2-685 et seq., and WHEREAS, K.S.A. l2-689 provides that all costs of improvements or reimprovements authorized under the provisions of K.S.A. l2-687, including acquisition of right-of-way, engineering costs, and all other costs properly attributable to such projects, shall be paid by the city at large from the general improvement fund, general revenue fund, internal improvement fund, or any other fund or funds available for such purpose or by the issuance of general improvement bonds. THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF WICHITA, KANSAS: SECTION 1. That Ordinance No. 46-844 adopted on December 20, 2005 is hereby repealed. SECTION 2. That 151st St. West, between Maple and 1/2 mile south of Maple (472-84318) in the City of Wichita, Kansas is hereby designated and established as a main trafficway, the primary function of which is the movement of through traffic between areas of concentrated activity within the City, said designation made under the authority of K.S.A. l2-685. SECTION 3. It is hereby deemed and declared to be necessary by the governing body of the City of Wichita, Kansas, to make improvements 151st St. West, between Maple and 1/2 mile south of Maple (472-84318) as a main trafficway in the following particulars: The design and construction of a roadway as necessary for a major traffic facility. SECTION 4. The costs of the construction of the above described improvement is estimated to be Four Hundred Thousand Dollars ($400,000) exclusive of the cost of interest on borrowed money, with the total paid by the City of Wichita. Said cost, when ascertained, shall be borne by the City of Wichita at large by the issuance of General Obligation Bonds under the authority of K.S.A. l2-689. SECTION 5. The above described main trafficway improvement shall be made in accordance with Plans and Specifications prepared under the direction of the City Engineer of the City of Wichita and approved by the governing body of the City of Wichita, Kansas. Said plans and specifications are to be placed on file in the office of the City Engineer. SECTION 6. Be it further ordained that the improvement described herein is hereby authorized under the provisions of K.S.A. l2-685 et seq. SECTION 7. That the City Clerk shall make proper publication of this ordinance, which shall be published once in the official City paper and which shall be effective from and after said publication. ADOPTED at Wichita, Kansas, ____________________,20____. CARLOS MAYANS, MAYOR ATTEST: _______________________________ KAREN SUBLETT, CITY CLERK (SEAL) APPROVED AS TO FORM: GARY REBENSTORF, DIRECTOR OF LAW Agenda Item No. 32. City of Wichita City Council Meeting July 11, 2006 Agenda Report No. 06-0718 TO: Mayor and City Council Members SUBJECT: Hillside Improvement, between Kellogg and Central (Districts I & II) INITIATED BY: Department of Public Works AGENDA: New Business Recommendation: Approve the revised project budget. Background: On October 21, 2003, the City Council approved a project to improve Hillside between Kellogg and Central. Based on current bid prices, it is doubtful that a construction contract can be awarded within the approved budget. An amending Ordinance has been prepared to increase the project budget. Analysis: The project will reconstruct Hillside to provide four through lanes and a center two-way left turn lane. Left turn lanes will be provided at the north and south approaches to the Hillside/Douglas, Hillside/1st and Hillside/2nd Street intersections, as well as the west approach at Douglas. Financial Considerations: The current budget is $4,550,000, with $2,100,000 paid by the City and $2,450,000 by Federal Grants administered by the Kansas Department of Transportation. The funding source for the City share is General Obligation Bonds. The proposed increased budget is $5,540,000, with $2,350,000 paid by the City and $3,190,000 paid by Federal Grants. Funding for the increased City cost has been programmed in the Approved 2005-2014 Capital Improvement Program. Goal Impact: This project addresses the Efficient Infrastructure goal by improving traffic flow through a major traffic corridor. Legal Considerations: The Law Department has approved the amending Ordinance as to legal form. Recommendations/Actions: It is recommended that the City Council approve the revised budget, place the amending Ordinance on First Reading and authorize the signing of State/Federal agreements as required. Attachment: Ordinance. Published in the Wichita Eagle on ORDINANCE NO. ____________ AN ORDINANCE AMENDING ORDINANCE NO. 45-919 OF THE CITY OF WICHITA, KANSAS DECLARING HILLSIDE, FROM KELLOGG TO CENTRAL (472-83862) TO BE A MAIN TRAFFICWAY WITHIN THE CITY OF WICHITA KANSAS; DECLARING THE NECESSITY OF AND AUTHORIZING CERTAIN IMPROVEMENTS TO SAID MAIN TRAFFICWAY; AND SETTING FORTH THE NATURE OF SAID IMPROVEMENTS, THE ESTIMATED COSTS THEREOF, AND THE MANNER OF PAYMENT OF THE SAME. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF WICHITA, KANSAS: SECTION 1. SECTION 3 of Ordinance 45-919 is hereby amended to read as follows: "SECTION 3. The costs of the construction of the above described improvements is estimated to be Five Million Five Hundred Forty Thousand Dollars ($5,540,000) exclusive of the cost of interest on borrowed money, with $2,350,000 paid by the City of Wichita and $3,190,000 paid by Federal Transportation Grants. Said City share, when ascertained, shall be borne by the City of Wichita at large by the issuance of General Obligation Bonds under the authority of K.S.A. l2-689." SECTION 2. The original of SECTION 3 of Ordinance No. 45-919 is hereby repealed. SECTION 3. That the City Clerk shall make proper publication of this ordinance, which shall be published once in the official City paper and which shall be effective from and after said publication. ADOPTED at Wichita, Kansas, . Carlos Mayans, Mayor ATTEST: Karen Sublett, City Clerk (SEAL) APPROVED AS TO FORM: Gary E. Rebenstorf Director of Law Agenda Item No. 33. City of Wichita City Council Meeting July 11, 2006 Agenda Report No. 06-0719 TO: Mayor and City Council Members SUBJECT: Central Improvement, between Oliver and Woodlawn (Districts I & II) INITIATED BY: Department of Public Works AGENDA: New Business Recommendation: Approve the revised project budget. Background: On November 4, 2003, the City Council approved a project to improve Central between Oliver and Woodlawn. The project is funded by a combination of City and Federal funds. Based on current bid prices, it is doubtful that a construction contract can be awarded within the approved budget. Additional Federal funds are available for the cost increase. An amending Ordinance has been prepared to revise the project budget. Analysis: The project will reconstruct Central to provide four through lanes and a center two-way left turn lane. Financial Considerations: The current budget is $3,825,000, with $2,125,000 paid by the City and $1,700,000 by Federal Grants administered by the Kansas Department of Transportation. The funding source for the City share is General Obligation Bonds. The proposed increased budget is $4,885,000, with $2,125,000 paid by the City and $2,760,000 paid by Federal Grants. Goal Impact: This project addresses the Efficient Infrastructure goal by improving traffic flow through a major traffic corridor. Legal Considerations: The Law Department has approved the amending Ordinance as to legal form. Recommendations/Actions: It is recommended that the City Council approve the revised budget, place the amending Ordinance on First Reading and authorize the signing of State/Federal agreements as required. Attachment: Ordinance. Published in the Wichita Eagle on ORDINANCE NO. ____________ AN ORDINANCE AMENDING ORDINANCE NO. 45-928 OF THE CITY OF WICHITA, KANSAS DECLARING CENTRAL AVENUE BETWEEN OLIVER AND WOODLAWN (472-83873) TO BE A MAIN TRAFFICWAY WITHIN THE CITY OF WICHITA KANSAS; DECLARING THE NECESSITY OF AND AUTHORIZING CERTAIN IMPROVEMENTS TO SAID MAIN TRAFFICWAY; AND SETTING FORTH THE NATURE OF SAID IMPROVEMENTS, THE ESTIMATED COSTS THEREOF, AND THE MANNER OF PAYMENT OF THE SAME. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF WICHITA, KANSAS: SECTION 1. SECTION 3 of Ordinance 45-928 is hereby amended to read as follows: "SECTION 3. The costs of the construction of the above described improvements is estimated to be Four Million Eight Hundred Eighty-Five Thousand Dollars ($4,885,000) exclusive of the cost of interest on borrowed money, with $2,125,000 paid by the City of Wichita and $2,760,000 paid by Federal Transportation Grants. Said City share, when ascertained, shall be borne by the City of Wichita at large by the issuance of General Obligation Bonds under the authority of K.S.A. l2-689." SECTION 2. The original of SECTION 3 of Ordinance No. 45-928 is hereby repealed. SECTION 3. That the City Clerk shall make proper publication of this ordinance, which shall be published once in the official City paper and which shall be effective from and after said publication. ADOPTED at Wichita, Kansas, . Carlos Mayans, Mayor ATTEST: Karen Sublett, City Clerk (SEAL) APPROVED AS TO FORM: Gary E. Rebenstorf Director of Law Agenda Item No. 34. City of Wichita City Council Meeting July 11, 2006 Agenda Report No. 06-0720 TO: Mayor and City Council Members SUBJECT: Central Improvement, between Woodlawn and Rock (District II) INITIATED BY: Department of Public Works AGENDA: New Business Recommendation: Approve the revised project budget. Background: On November 4, 2003, the City Council approved a project to improve Central between Woodlawn and Rock. The scope of the project has expanded to include the Central/Woodlawn intersection because of deteriorating pavement. Based on current bid prices, it is doubtful that a construction contract can be awarded within the approved budget. An amending Ordinance has been prepared to revise the project budget. Analysis: The project will reconstruct Central to provide four through lanes and a center two-way left turn lane. Financial Considerations: The current budget is $3,865,000, with $1,415,000 paid by the City and $2,450,000 by Federal Grants administered by the Kansas Department of Transportation. The funding source for the City share is General Obligation Bonds. The proposed increased budget is $4,858,000, with $1,730,000 paid by the City and $3,128,000 paid by Federal Grants. Funding for the increased City cost is available from under expenditures in the Rock Road improvement, between 22nd and 29th St. North. Goal Impact: This project addresses the Efficient Infrastructure goal by improving traffic flow through a major traffic corridor. Legal Considerations: The Law Department has approved the amending Ordinance as to legal form. Recommendations/Actions: It is recommended that the City Council approve the revised budget, place the amending Ordinance on First Reading and authorize the signing of State/Federal agreements as required. Attachment: Ordinance. Published in the Wichita Eagle on ORDINANCE NO. ____________ AN ORDINANCE AMENDING ORDINANCE NO. 45-927 OF THE CITY OF WICHITA, KANSAS DECLARING CENTRAL AVENUE BETWEEN WOODLAWN AND ROCK (472-83874) TO BE A MAIN TRAFFICWAY WITHIN THE CITY OF WICHITA KANSAS; DECLARING THE NECESSITY OF AND AUTHORIZING CERTAIN IMPROVEMENTS TO SAID MAIN TRAFFICWAY; AND SETTING FORTH THE NATURE OF SAID IMPROVEMENTS, THE ESTIMATED COSTS THEREOF, AND THE MANNER OF PAYMENT OF THE SAME. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF WICHITA, KANSAS: SECTION 1. SECTION 3 of Ordinance 45-927 is hereby amended to read as follows: "SECTION 3. The costs of the construction of the above described improvements is estimated to be Four Million Eight Hundred Fifty-Eight Thousand Dollars ($4,858,000) exclusive of the cost of interest on borrowed money, with $1,730,000 paid by the City of Wichita and $3,128,000 paid by Federal Transportation Grants. Said City share, when ascertained, shall be borne by the City of Wichita at large by the issuance of General Obligation Bonds under the authority of K.S.A. l2-689." SECTION 2. The original of SECTION 3 of Ordinance No. 45-927 is hereby repealed. SECTION 3. That the City Clerk shall make proper publication of this ordinance, which shall be published once in the official City paper and which shall be effective from and after said publication. ADOPTED at Wichita, Kansas, . Carlos Mayans, Mayor ATTEST: Karen Sublett, City Clerk (SEAL) APPROVED AS TO FORM: Gary E. Rebenstorf Director of Law Agenda Item No. 35. City of Wichita City Council Meeting July 11, 2006 Agenda Report No. 06-0721 TO: Mayor and City Council Members SUBJECT: Pawnee Improvement, from Washington to Hydraulic (District III) INITIATED BY: Department of Public Works AGENDA: New Business Recommendation: Approve the revised project budget. Background: On October 21, 2003, the City Council approved projects to improve Pawnee, from Washington to Hydraulic and the intersection of Pawnee at Washington. Based on current bid prices, it is doubtful that a construction contract can be awarded within the approved budgets. An amending Ordinance has been prepared to increase the project budget and to combine the two projects so the improvements can be let as one project. Analysis: The project will reconstruct Pawnee to provide four through lanes and a center two-way left turn lane. Left turn lanes will be constructed at all four approaches to the intersection of Pawnee and Washington. Financial Considerations: The current budgets total $4,210,000, with $2,225,000 paid by the City and $1,985,000 by Federal Grants administered by the Kansas Department of Transportation. The funding source for the City share is General Obligation Bonds. The proposed increased budget is $5,160,000, with $3,000,000 paid by the City and $2,160,000 paid by Federal Grants. Funding for the increased City cost has been programmed in the Approved 2005-2014 Capital Improvement Program. Goal Impact: This project addresses the Efficient Infrastructure goal by improving traffic flow through a major traffic corridor. Legal Considerations: The Law Department has approved the amending Ordinance as to legal form. Recommendations/Actions: It is recommended that the City Council approve the revised budget, place the amending Ordinance on First Reading and authorize the signing of State/Federal agreements as required. Attachment: Ordinance. Published in the Wichita Eagle on ORDINANCE NO. ____________ AN ORDINANCE AMENDING ORDINANCE NO. 45-915 OF THE CITY OF WICHITA, KANSAS DECLARING PAWNEE, FROM WASHINGTON TO HYDRAULIC (472-83858) TO BE A MAIN TRAFFICWAY WITHIN THE CITY OF WICHITA KANSAS; DECLARING THE NECESSITY OF AND AUTHORIZING CERTAIN IMPROVEMENTS TO SAID MAIN TRAFFICWAY; AND SETTING FORTH THE NATURE OF SAID IMPROVEMENTS, THE ESTIMATED COSTS THEREOF, AND THE MANNER OF PAYMENT OF THE SAME. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF WICHITA, KANSAS: SECTION 1. SECTION 3 of Ordinance 45-915 is hereby amended to read as follows: "SECTION 3. The costs of the construction of the above described improvements is estimated to be Five Million One Hundred Sixty Thousand Dollars ($5,160,000) exclusive of the cost of interest on borrowed money, with $3,000,000 paid by the City of Wichita and $2,160,000 paid by Federal Transportation Grants. Said City share, when ascertained, shall be borne by the City of Wichita at large by the issuance of General Obligation Bonds under the authority of K.S.A. l2-689." SECTION 2. The original of SECTION 3 of Ordinance No. 45-915 is hereby repealed. SECTION 3. That the City Clerk shall make proper publication of this ordinance, which shall be published once in the official City paper and which shall be effective from and after said publication. ADOPTED at Wichita, Kansas, . Carlos Mayans, Mayor ATTEST: Karen Sublett, City Clerk (SEAL) APPROVED AS TO FORM: Gary E. Rebenstorf Director of Law Agenda Item No. 36. City of Wichita City Council Meeting July 11, 2006 Agenda Report No. 06-0722 TO: Mayor and City Council Members SUBJECT: Petition to pave Governeour and Osie Circle south of Harry (District III) INITIATED BY: Department of Public Works AGENDA: New Business Recommendation: Approve the Petition. Background: The signatures on the Petition will represent 3 of 8 (37.5%) resident owners and 83% of the improvement district area. One of the tracts in the improvement district is owned by the City of Wichita. District III Advisory Board sponsored a June 7, 2006, neighborhood hearing on the project. The Board voted 6-4 to recommend approval of the project. Analysis: The project will provide paved access to a developed commercial area located south of Harry, west of Rock. The City owned tract is the site of a water booster station. Financial Considerations: The estimated project cost is $275,000 with the total assessed to the improvement district. The method of assessment is the fractional basis. The estimated assessment to individual properties is $00.24 per square foot of ownership. The City's share of the project is $212,065. The funding source for the City share is the Water Utility. Goal Impact: This project will address the Efficient Infrastructure goal by providing paving improvements for commercial development. Legal Considerations: State Statutes provide that a Petition is valid if signed by a majority of resident property owners or owners of the majority of the property in the improvement district. Recommendation/Action: It is recommended that the City Council approve the Petition, authorize the Mayor to sign the petition on behalf of the City of Wichita, adopt the Resolution and authorize the necessary signatures. Agenda Item No. 37. City of Wichita City Council Meeting July 11, 2006 Agenda Report No. 06-0723 TO: Mayor and City Council Members SUBJECT: DER2006-07: Amendment to the Comprehensive Plan INITIATED BY: Metropolitan Area Planning Department AGENDA: Planning (Non-Consent) Recommendation: Adopt the Amendment to the Comprehensive Plan. Background: The 1993 Wichita-Sedgwick County Comprehensive Plan included a Visual Form Map in an effort to improve the quality of the physical built environment in Wichita. It focused upon vistas, corridors, landmarks and other community amenities for upgrading the public environment, improving standards for public and private development, and creating greater community awareness of the importance of its visual image. In August 2005, the City's Design Council requested the assistance of MAPD staff in updating the Visual Form Map. Following several meetings, The Priority Enhancement Areas for Wichita Public Infrastructure Projects Map was developed to be a replacement of the 1993 Visual Form Map. It is intended to guide efforts to improve community perception and increase the sense of quality of life in Wichita through emphasis of the visual character of public facilities and open spaces. Its purpose is to help the City with prioritizing City of Wichita public works projects along specified corridors, at gateways, and at other selected locations for aesthetic improvements including landscaping, public art, and other visual enhancements to public facilities and rights-of-way. The Advance Plans Committee of the MAPC directed staff to also visit with County staff to see if there was any interest in making similar designations and types of improvements in the unincorporated areas of the County. Staff met with County staff on March 7, 2006, and County Commissioners on April 11, 2006, and their feedback was not supportive of extending these concepts into unincorporated areas. However, many of them did think this was a positive idea for the City of Wichita to be doing. The Priority Enhancement Areas for Wichita Public Infrastructure Projects Map presented to the City Council is proposed to be adopted as an amendment to The Wichita-Sedgwick County Comprehensive Plan. The map was reviewed and endorsed by the Metropolitan Area Planning Commission on June 1, 2006. Analysis: Consideration was given in developing the Priority Enhancement Areas for Wichita Public Infrastructure Projects Map so that all Council Districts would have opportunities to benefit from the effort to improve the aesthetics of major corridors, gateways and other selected locations in the community. The map will be reviewed periodically and revised so that it is kept up to date with changes in the community. Alternatives: Two alternatives are available to the City Council now that the MAPC has adopted the Priority Enhancement Areas for Wichita Public Infrastructure Projects Map as an amendment to The Wichita-Sedgwick County Comprehensive Plan: a) Approve first reading of the Ordinance adopting the Priority Enhancement Areas for Wichita Public Infrastructure Projects Map as an amendment to the Comprehensive Plan; b) Others actions deemed appropriate by the City Council. Financial Considerations: Adopting the Priority Enhancement Areas for Wichita Public Infrastructure Projects Map involves no commitment of funding; however, the Map identifies potential improvement corridors and areas effecting CIP projects that, if implemented, could total millions of dollars in expenditures. These improvements could potentially be funded from several sources, including federal grants and City funds. Funding decisions associated with each implementation initiative will receive separate approval, and the decision will be based, in part, on a detailed cost-benefit analysis. Goal Impact: Enhance the Quality of Life Ø Citizens are retained in the community Ø Citizens are satisfied with the quality of life Ø Citizens receive a return on all of their quality of life investments By applying public art and aesthetic enhancements to infrastructure and right-of-way projects all citizens will feel that they benefit from the investment which will give residents a greater satisfaction with the quality of life in Wichita and contribute to retention of citizens in the community and favorable impressions of the community to visitors. Legal Considerations: The MAPC, in accordance with Kansas state statutes, held a public hearing for the proposed Priority Enhancement Areas for Wichita Public Infrastructure Projects Map on June 1, 2006, with the required notice of public hearing published in the official City newspaper on May 11, 2006. The MAPC approved a resolution adopting the Plan as an amendment to The Wichita-Sedgwick County Comprehensive Plan. The adopting Ordinance has been reviewed and approved as to form. Recommendations/ Actions: It is recommended that the City Council adopt the Priority Enhancement Areas for Wichita Public Infrastructure Projects Map as an amendment to The Wichita-Sedgwick County Comprehensive Plan and approve first reading of the Ordinance. Attachments: Ordinance Published in the Wichita Eagle on _________________________ ORDINANCE NO. _______________ AN ORDINANCE ADOPTING THE PRIORITY ENHANCEMENT AREAS FOR WICHITA PUBLIC INFRASTRUCTURE PROJECTS MAP AS AN AMENDMENT TO THE WICHITA-SEDGWICK COUNTY COMPREHENSIVE PLAN. WHEREAS, pursuant to the authority granted by the statutes of the State of Kansas, in K.S.A. 12-747 et seq., the Wichita-Sedgwick County Metropolitan Area Planning Commission developed a Comprehensive Plan, adopted by the City of Wichita and Sedgwick County in 1993, and amended in 1996, 2000, 2002, and 2005; and WHEREAS, the Comprehensive Plan may be amended, as needed, to ensure it reflects timely and relevant information and the needs of the community; and WHEREAS, the City of Wichita and Sedgwick County in collaboration with the Design Council, did initiate the development of the Priority Enhancement Areas for Wichita Public Infrastructure Projects Map to prioritize City of Wichita public works projects along specified corridors, at gateways, and at other selected locations for aesthetic improvements including landscaping, public art, and other visual enhancements to public facilities and rights-of-way; and WHEREAS, before the adoption of any Comprehensive Plan or amendment thereto, the Wichita-Sedgwick County Metropolitan Area Planning Commission is required by K.S.A. 12-747 to hold a public hearing; and WHEREAS, the Wichita-Sedgwick County Metropolitan Area Planning Commission did give notice by publication in the official City and County newspaper on May 11, 2006, of a public hearing on said map; and WHEREAS, the Wichita-Sedgwick County Metropolitan Area Planning Commission on June 1, 2006, did hold a public hearing at which a quorum was present, and did hear all comments and testimony relating to said map, and approved a resolution adopting the Priority Enhancement Areas for Wichita Public Infrastructure Projects Map as an amendment to The Wichita-Sedgwick County Comprehensive Plan; NOW THEREFORE BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF WICHITA, KANSAS: SECTION 1. The City of Wichita hereby adopts the Priority Enhancement Areas for Wichita Public Infrastructure Projects Map as an amendment to The Wichita-Sedgwick County Comprehensive Plan replacing the Visual Form Map (Figure 28) on page 68 of the 1993 edition of The Wichita-Sedgwick County Comprehensive Plan with the updated map identified as Attachment "A" to the Resolution of the Wichita-Sedgwick County Metropolitan Area Planning Commission dated June 1, 2006; and SECTION 2. Notice of this action shall be transmitted to the Sedgwick County Board of County Commissioners for its consideration, and to all other taxing subdivisions in the planning area which request a copy of the plan. SECTION 3. This ordinance shall become effective and be in force from and after its adoption and publication once in the official City newspaper. ADOPTED at Wichita, Kansas, this ___________________________________. Carlos Mayans, Mayor ATTEST: Karen Sublett, City Clerk Approved as to form: Gary E. Rebenstorf, Director of Law Agenda Item No. 38. City of Wichita City Council Meeting July 11, 2006 Agenda Report No. 06-0724 TO: Mayor and City Council SUBJECT: CUP2006-16 Associated with ZON2006-20 - Create DP-297 Pearson Commercial Community Unit Plan; zone change to "GC" General Commercial and "LC" Limited Commercial. Generally located on the east side of Maize Road 1/4 mile south of 29th Street North. (District V) INITIATED BY: Metropolitan Area Planning Department AGENDA: Planning (Non-Consent) MAPC Recommendations: Approve, subject to staff conditions, vote (11-0). ` MAPD Staff Recommendations: Approve, subject to conditions. DAB Recommendations: Approve subject to MAPC conditions (8-0). Background: The applicant proposes to create a commercial Community Unit Plan containing approximately 36 acres with 11 parcels zoned "LC" Limited Commercial for commercial development on the southeast corner of Maize Road and 37th Street North. Currently the property is zoned "SF-5" Single-family Residential. Parcels 1-10 are parcels located along Maize Road and 37th Street North. They range in size from 0.9 acre to 2.23 acres (Parcel 1 - 1.55 acre, Parcel 2 - 1.27 acre, Parcel 3 - 1.39 acre, Parcel 4 - 1.38 acre, Parcel 5 - 2.23 acres, Parcel 6 through 9 - 0.97 acre each, Parcel 10 - 0.90 acre). Parcel 11 is the main parcel. It has 23.27 acres and is connected to Maize Road and 37th Street North with a main entrance off each street frontage. A portion of this parcel will be used for drainage/detention purposes. Most likely this will be in the area directly east of the Parcels 1-4 and along the southern edge of the tract. Allowed uses would be those permitted by right in the LC district except: adult entertainment establishment, correctional placement residence, asphalt/concrete plant, pawn shop and storage-outdoor as a separate use. Additionally, convenience stores, service stations, auto repair, car washes, restaurants with drive-in or drive-through windows, and taverns and drinking establishments would be prohibited within the south 200 feet of Parcels 1 and 11 and within the east 150 feet of Parcels 10 and 11. Overhead doors would be prohibited within 200 feet of residential zoning and overhead doors could not be facing residential zoning. Car washes would be prohibited within 200 feet of residential zoning, and, in those areas where not prohibited, would be subject to the additional requirements of the supplementary use regulations of Sec. III-D.6.f of the Unified Zoning Code. Outdoor storage and display is permitted on Parcel 11 as an accessory use. Screening of outdoor storage and display would be per standards for the LC Limited Commercial district, except that outdoor storage would be allowed to increase from 10 percent to 20 percent, which is the amount allowed in LC subject to a conditional use approval. The approval of this use in the CUP would be considered granting the conditional use for additional outdoor storage area, but would be subject to site plan review by the Director of Planning, with concurrence of the Zoning Administrator and Traffic Engineer, to ensure compliance with LC site design standards for outdoor storage. Maximum building coverage and gross floor area is shown as 35 percent for Parcels 1-8, 30 percent for Parcels 9 and 10, and 27 percent for the area of Parcel 11 (not including the area used for detention). Total maximum building coverage and gross floor area for the CUP would be 30 percent. Building height is shown as 45 feet for Parcel 11 and 35 feet for Parcels 1-10. The total number of buildings is proposed as 16, with one building on each of the smaller parcels and five on Parcel 11. Building setbacks are shown as 35 feet on along Maize Road, 37th Street North and exterior property lines. Internal building setbacks on parcels are shown as 15 feet. If a parcel is developed with a building of more than 100,000 square feet of gross floor area, the building setback increases to 100 feet on the south and west property lines and 35 feet on the interior parcel boundaries. Buildings would have uniform architectural compatibility of character, color, texture and same materials (further defined as similar to surrounding residential areas), and would use earth-tone colors predominately. Parking lots would have similar or consistent lighting elements, limited to 25 feet in height, and reduced to 15 feet in height within 100 feet of residential zoning with residential use. Parking would be per code, but allows for use of Parcels 6-10 as parking areas for Parcel 11 if needed by future development, particularly if the CUP is developed with a shopping center type of building rather than a big box type of use on the main parcel. A six-foot masonry wall would be constructed along property abutting residential zoning. The Sedgwick County bike path is shown on the CUP as a 10-foot asphalt sidewalk. The CUP requires a site plan to provide for smooth internal flow of vehicular traffic and for pedestrian connections between buildings and with the arterial sidewalk system. Monument signage requested slightly exceeds the amount allowed by the Wichita Sign Code, and it is recommended the overall limit on sign face area of 0.8 times linear frontage be added. The number of signs requested is 14 monument signs, 11 signs with a maximum height of 20 feet and an maximum sign face area of 150 square feet, plus three signs with a maximum height of 30 feet and maximum sign face area of 200 square feet. This is equivalent to 17 signs (signs that are 30 feet in height are counted as occupying two sign locations by the Wichita Sign Code), which is the number of signs allowable based on the linear frontage of the CUP. Spacing of 100 feet is requested only between the 30' signs and 20' signs, rather than 150 feet apart. Otherwise, the signs would be spaced 150 feet apart. Portable and off-site signs are prohibited. Window displays would be limited to 25 percent of window area and signs on the rear would be prohibited. The property currently is zoned SF-5 and is in agricultural use. The property to the east and south is owned by USD#266 Maize School District. A portion of the 280 acres is developed with Maize South Middle School and the remaining land is being held for future school development. The property to the west of Maize Road is in large lot residential use or agricultural use, but has been platted and is being zoned for commercial use. A 25-acre tract on the northwest corner of Maize and 37th Street North is zoned LC and approved for commercial development (DP-262 37th & Maize Commercial CUP), but is currently undeveloped. The property to the north of 37th Street is located in the city of Maize. An eight-acre tract is being developed with an institutional use (Wichita State University) and approximately 25 acres is available for commercial use. Analysis: At the District V Advisory Board meeting held May 1, 2006, the board voted (8-0) to approve subject to the MAPC recommendation. A question was asked if agreements were in place for improvements and maintenance of 37th Street North and Maize since the jurisdiction is split between Wichita and Maize. The responsibility has been determined by an agreement between the two jurisdictions. At the MAPC meeting held April 20, 2006, they voted (11-0) to approve subject to staff recommendation. No citizens were present to speak on the proposal. No protests have been received. The recommendation is that the application be APPROVED subject to platting within one year and subject to the following conditions: A. APPROVE the zone change (ZON2006-07) to LC Limited Commercial subject to platting of the entire property within one year; B. APPROVE the Community Unit Plan (DP-295), subject to the following conditions: 1. The applicant shall guarantee center left turn lanes and right-turn decel lanes to all full movement approaches at time of platting. 2. Add to General Provision 4: (not including metal as a predominant exterior façade material). 3. Add General Provision 10K: The total amount of sign face area of freestanding signage along each arterial street shall not exceed 0.8 times the linear frontage. 4. Any major changes in this development plan shall be submitted to the Planning Commission and to the Governing Body for their consideration. 5. The transfer of title of all or any portion of the land included within the Community Unit Plan does not constitute a termination of the plan or any portion thereof, but said plan shall run with the land for commercial development and be binding upon the present owners, their successors and assigns, unless amended. 6. All property included within this CUP and zone case shall be platted within one year after approval of this CUP by the Governing Body, or the cases shall be considered denied and closed. The resolution establishing the zone change shall not be published until the plat has been recorded with the Register of Deeds. 7. Prior to publishing the resolution establishing the zone change, the applicant(s) shall record a document with the Register of Deeds indicating that this tract (referenced as DP-295) includes special conditions for development on this property. 8. The applicant shall submit 4 revised copies of the CUP to the Metropolitan Area Planning Department within 60 days after approval of this case by the Governing Body, or the request shall be considered denied and closed. Financial Considerations: None. Goal Impact: Promote Economic Vitality and Affordable Living. Legal Considerations: The ordinance has been reviewed and approved as to form by the Law Department. Recommendation/Actions: 1. Adopt the findings of the MAPC and approve the zone change subject to platting within one year and approve the CUP; instruct the Planning Department to forward the ordinance for first reading when the plat is forwarded to City Council; or 2. Return the application to the MAPC for reconsideration. (An override of the Planning Commission's recommendation requires a two-thirds majority vote of the City Council on the first hearing.) Attachment: Ordinance Published in The Wichita Eagle on __________________________ ORDINANCE NO. ___________ AN ORDINANCE CHANGING THE ZONING CLASSIFICATIONS OR DISTRICTS OF CERTAIN LANDS LOCATED IN THE CITY OF WICHITA, KANSAS, UNDER THE AUTHORITY GRANTED BY THE WICHITA-SEDGWICK COUNTY UNIFIED ZONING CODE, SECTION V-C, AS ADOPTED BY SECTION 28.04.010, AS AMENDED. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF WICHITA, KANSAS. SECTION 1. That having received a recommendation from the Planning Commission, and proper notice having been given and hearing held as provided by law and under authority and subject to the provisions of The Wichita-Sedgwick County Unified Zoning Code, Section V-C, as adopted by Section 28.04.010, as amended, the zoning classification or districts of the lands legally described hereby are changed as follows: Case No. ZON2006-00020 Request for zone change from "SF-5" Single-family Residential to "GC" General Commercial and "LC" Limited Commercial on property described as: GC General Commercial: The east 550 feet of the south 659.74 feet of the west 909 feet the south half of the northwest quarter of Section 5, Township 27 South, Range 1 West of the Sixth Principal Meridian, Sedgwick County, Kansas. LC Limited Commercial: The west 909 feet the south half of the northwest quarter of Section 5, Township 27 South, Range 1 West of the Sixth Principal Meridian, Sedgwick County, Kansas, EXCEPT that part taken for road purposes described as Beginning at the northwest corner of the south half of the northwest quarter of Section 5, Township 27 South, Range 1 West of the Sixth Principal Meridian, Sedgwick County, Kansas; Thence east along the north line of said south half, a distance of 100.02 feet; Thence southwesterly a distance of 100 feet to a point 70 feet east of the west line of the south half; Thence south parallel with said line, a distance of 1,221.01 feet to the south line of said south half; Thence west along said south line, a distance of 70.02 feet to the southwest corner of said south half; Thence north along the west line of said south half to the Point of Beginning; AND EXCEPT the east 550 feet of the south 659.74 feet of the west 909 feet the south half of the northwest quarter of Section 5, Township 27 South, Range 1 West of the Sixth Principal Meridian, Sedgwick County, Kansas. Generally located on the east side of Maize Road one-fourth mile south of 29th Street North. SECTION 2. That upon the taking effect of this ordinance, the above zoning changes shall be entered and shown on the "Official Zoning Map" previously adopted by reference, and said official zoning map is hereby reincorporated as a part of the Wichita -Sedgwick County Unified Zoning Code as amended. SECTION 3. That this Ordinance shall take effect and be in force from and after its adoption and publication in the official City paper. ADOPTED AT WICHITA, KANSAS, ___________________________ Carlos Mayans - Mayor ATTEST: Karen Sublett, City Clerk (SEAL) Approved as to form: Gary E. Rebenstorf, City Attorney Agenda Item No. 39 City of Wichita City Council Meeting July 11, 2006 Agenda Report 06-0725 TO: Mayor and City Council Members SUBJECT: CUP2004-29, CUP2004-30 (DP-277) and ZON2004-34, ZON2004-35 - Extension of time to complete the platting requirement for the Bruce Brown Commercial Community Unit Plan and a zone change from "SF-5" and "SF-20" Single-Family Residential to "LC" Limited Commercial. Generally located east of Greenwich Road and 1/4 mile south of 21st Street North. (District II) INITIATED BY: Metropolitan Area Planning Department AGENDA ACTION: Planning (Consent) Staff Recommendation: Approve extended platting deadline of March 21, 2007. Background: On September 21, 2004, the City Council approved the creation of DP-277 Bruce Brown Commercial CUP and a zone change from "SF-5" and "SF-20" Single-Family Residential to "LC" Limited Commercial subject to the condition of platting the property within one year. The applicant received a six-month platting extension from staff. As the attached letter indicates, the applicant is not ready to develop or begin platting. The applicant requests a one year platting extension to March 21, 2007. Analysis: Staff recommends that an extension of time to complete platting requirements be granted. The City Council may deny the request for an extension of time to complete platting; however, denying the extension would declare the CUP and zone change null and void and would require reapplication and rehearing if the property owner still desired a CUP and zone change. Financial Considerations: None. Goal Impact: Promote Economic Vitality and Affordable Living. Legal Considerations: No legal documents are required to enact the granting of the platting extension. The granting of a platting extension is indicated via letter to the applicant noting the extended platting deadline as granted by the City Council. Recommendations/Actions: Approve extended platting deadline of March. Agenda Item No. 40. City of Wichita City Council Meeting July 11, 2006 Agenda Report No. 06-0726 TO: Mayor and City Council Members SUBJECT: A06-16R Request by George E. Laham, II of Greenwich 13, LLC to annex land generally located northwest of 13th Street North and Greenwich Road. (District II) INITIATED BY: Metropolitan Area Planning Department AGENDA: Planning (Consent) Recommendation: Place the annexation ordinance on first reading. Background: The City has received a request to annex 30.89 acres of land generally located northwest of the intersection of 13th Street North and Greenwich Road. The annexation area abuts the City of Wichita to the south and east. The property owner anticipates that the proposed property will be developed with 300,000 square feet of commercial property. A plat has not yet been submitted to the Metropolitan Area Planning Department for review. Two isolated road segments are also included with this annexation request. Analysis: Land Use and Zoning: The proposed annexation consists of approximately 30.89 acres of property currently zoned "GI" General Industrial and "SF-20" Single-Family Residential. The "GI" General Industrial zoning will not change upon annexation, but upon annexation the "SF-20" Single-Family Residential zoning will convert to "SF-5" Single-Family Residential. Property directly to the north is currently used for aircraft manufacturing and zoned as "GI" General Industrial. The property to the east is zoned "SF-20" Single-Family Residential and "LC" Limited Commercial and is currently undeveloped at this time. Property to the south contains a runway that currently serves Raytheon Aircraft Company and is zoned as "LI" Limited Industrial and "LC" Limited Commercial. Property to the west is zoned "LI" Limited Industrial and is undeveloped at this time Public Services: The closest water line is a 16" water main along the west side of the Greenwich ROW across the subject property. There are currently no plans to construct a water main in 13th Street North at this time. The closest sewer line is an 8" sewer line on the NW corner of 13th and Greenwich, but connections to other sites are possible due to more favorable elevations. Alternatives include connecting to the Waterfront Addition (approximately 1/2 mile to the west), connecting to an 18" main north of the railroad tracks (approximately 1/4 mile to the north) or connecting to an 8" line in the Chapel Hill Addition (approximately 1/4 mile to the east). Street System: The subject property borders Greenwich Road to the east and 13th Street North to the south. Greenwich Road is currently a paved, two-lane road, while 13th Street North is a four-lane road south of the subject property. The City of Wichita Capital Improvement Program (CIP) 2005-2014 and the 2006 Transportation Improvement Program have scheduled Greenwich Road to be widened, east of the subject property, from Central to 29th Street. In addition, the 2006 Transportation Improvement Program and the Sedgwick County Capital Improvement Program 2006-2010 have scheduled 13th Street North to be widened from K-96 to 159th Street East, which is approximately 1/2 mile east of the proposed annexation site. Public Safety: Fire services to this site can be provided by the City of Wichita within a six (6) to seven (7) minute approximate response time from City Station No. 18, located at 2808 N. Webb Road. Upon annexation, police protection will be provided to the area by the Patrol East Bureau of the Wichita Police Department, headquartered at 350 S. Edgemoor. Parks: The Eastview Park, a 20-acre park, is located approximately 2 miles to the west of the proposed annexation site and contains a paved exercise trail with 20 exercise stations, a softball diamond, two lighted tennis courts, a soccer field, a children's play area and a parking area. In addition, Northeast Sports Complex, a 60-acre park, is located approximately 2 miles to the north of the proposed annexation site and is currently being developed for youth athletics. According to the 1996 Parks and Open Space Master Plan, two potential pathways have been identified, one of which would run along the south edge of the subject property--along 13th Street North. The other pathway would run parallel to 13th Street, through the property to the north of the subject property. A potential future park site has been identified west of the subject property as well. School District: The annexation property is part of the Unified School District 259 (Wichita School District). Annexation will not change the school district. Comprehensive Plan: The proposed annexation is consistent with the Wichita-Sedgwick County Comprehensive Plan. The annexation property falls within the 2030 Wichita Urban Growth Area as shown in the Plan. Financial Considerations: The current approximate appraised value of the proposed annexation lands, according to County records, is $337,340 with a total assessed value of $37,628. Using the current City levy ($31.828/$1000 x assessed valuation), this roughly yields $1,181 in City annual tax revenues for the property. The future assessed value of this property will depend on the type and timing of any other developments on the proposed annexation property and the current mill levy. At this time, the property owner is anticipating that 300,000 square feet of office and commercial property will be developed within the next ten years. The total appraised value of this commercial development after completion is estimated at $60,000,000. Assuming the current City levy remains about the same, this would roughly yield a total of $471,090 in City annual tax revenues. Goal Impact: Approving the annexation request would impact Wichita's goal to ensure efficient infrastructure, for annexation of this property would assist the City in satisfying the demand for new infrastructure needed to support growth and development. Legal Considerations: The property is eligible for annexation under K.S.A. 12-519, et seq. Recommendations/Actions: Approve the annexation request, place the ordinance on first reading and authorize the necessary signatures. Attachment: Ordinance PUBLISHED IN THE WICHITA EAGLE ON_______________ ORDINANCE NO.___________ AN ORDINANCE INCLUDING AND INCORPORATING CERTAIN BLOCKS, PARCELS, PIECES AND TRACTS OF LAND WITHIN THE LIMITS AND BOUNDARIES OF THE CITY OF WICHITA, KANSAS. (A06-16) BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF WICHITA, KANSAS: SECTION 1. The governing body, under the authority of K.S.A. 12-519, et seq, hereby annexes the following blocks, parcels, pieces and tracts of land and they are hereby included and brought within the corporate limits of the City of Wichita, Kansas and designated as being part of City Council District II respectively: THE EAST HALF OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF SECTION 9, TOWNSHIP 27 SOUTH, RANGE 2 EAST OF THE SIXTH PRINCIPAL MERIDIAN, SEDGWICK COUNTY, KANSAS, EXCEPT THE SOUTH 18 ACRES THEREOF, EXCEPT FOR THAT PART DESIGNATED AS GREENWICH ROAD. TOGETHER WITH: THE WEST 735 FEET OF THE SOUTH 18 ACRES OF THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 9, TOWNSHIP 27 SOUTH, RANGE 2 EAST OF THE SIXTH PRINCIPAL MERIDIAN, SEDGWICK COUNTY, KANSAS, EXCEPT FOR THAT PART DESIGNATED AS 13TH STREET NORTH. AND ALSO: 135TH STREET WEST FROM THE SOUTH RIGHT OF WAY LINE OF 13TH STREET NORTH TO A POINT ON THE SOUTH LINE OF THE NE 1/4, SECTION 14, TOWNSHIP 27 SOUTH, RANGE 2 WEST OF TH 6TH P.M., SEDGWICK COUNTY, KANSAS AND THE SOUTH LINE OF THE NW 1/4, SECTION 13, TOWNSHIP 27 SOUTH, RANGE 2 WEST OF THE 6TH P.M., SEDGWICK COUNTY, KANSAS AND ALSO: 135TH STREET WEST FROM THE NORTH RIGHT OF WAY LINE OF 13TH STREET NORTH TO A POINT 511.5 FEET NORTH OF THE SOUTH LINE OF THE SW 1/4, SECTION 12, TOWNSHIP 27 SOUTH, RANGE 2 WEST OF TH 6TH P.M., SEDGWICK COUNTY, KANSAS AND THE SOUTH LINE OF THE SE 1/4, SECTION 11, TOWNSHIP 27 SOUTH, RANGE 2 WEST OF THE 6TH P.M., SEDGWICK COUNTY, KANSAS SECTION 2. That if any part or portion of this ordinance shall be held or determined to be illegal, ultra vires or void the same shall not be held or construed to alter, change or annul any terms or provisions hereof which may be legal or lawful. And in the event this ordinance in its entirety shall be held to be ultra vires, illegal or void, then in such event the boundaries and limits of said City shall be held to be those heretofore established by law. SECTION 3. That the City Attorney be and he is hereby instructed at the proper time to draw a resolution redefining the boundaries and limits of the City of Wichita, Kansas, under and pursuant to K.S.A. 12-517, et seq. SECTION 4. This ordinance shall become effective and be in force from and after its adoption and publication once in the official city paper. ADOPTED at Wichita, Kansas, this ___________________________________. Carlos Mayans, Mayor ATTEST: Karen Sublett, City Clerk Approved as to form: Gary E. Rebenstorf, Director of Law Agenda Item 41. City of Wichita City Council Meeting July 11, 2006 Agenda Report No. 06-0727 TO: Mayor and City Council Members SUBJECT: SUB 2006-43 -- Plat of E.S. Development Midwest Commercial Addition, Located North of 21st Street North and on the East Side of Maize Road. (District V) INITIATED BY: Metropolitan Area Planning Department AGENDA ACTION: Planning (Consent) Staff Recommendation: Approve the plat. MAPC Recommendation: Approve the plat. (12-0) Background: This site, consisting of three lots on five acres, is a replat of the Agape Addition. This site is located within Wichita's city limits. A zone change (ZON 2005-54) from SF-5, Single-family Residential District to LC, Limited Commercial District has been approved. The E.S. Development Midwest Commercial Community Unit Plan (CUP 2005-72, DP-293) was also approved for this site, and a Notice of Community Unit Plan has been submitted. Analysis: Municipal services are available to serve the site. A Restrictive Covenant has been submitted to allow the creation of a lot owner's association to provide for the ownership and maintenance of the reserves being platted for drainage purposes. In accordance with the approved CUP, a Cross-lot Access and Easement was submitted to assure internal vehicular movement between the lots. A Joint Access Easement has been submitted to create two joint access easements. This plat has been reviewed and approved by the Planning Commission, subject to conditions and recording within 30 days. Publication of the ordinance should be withheld until the plat is recorded with the Register of Deeds. Financial Consideration: None. Goal Impact: Ensure Efficient Infrastructure. Legal Considerations: The Notice of Community Unit Plan, Restrictive Covenant, Cross-lot Access and Easement and Joint Access Easement will be recorded with the Register of Deeds. Recommendations/Actions: It is recommended that the City Council approve the documents and plat, authorize the necessary signatures and approve first reading of the ordinance. Attachment: Ordinance (150004) Published in The Wichita Eagle on ______________________ ORDINANCE NO. ___________ AN ORDINANCE CHANGING THE ZONING CLASSIFICATIONS OR DISTRICTS OF CERTAIN LANDS LOCATED IN THE CITY OF WICHITA, KANSAS, UNDER THE AUTHORITY GRANTED BY THE WICHITA-SEDGWICK COUNTY UNIFIED ZONING CODE, SECTION V-C, AS ADOPTED BY SECTION 28.04.010, AS AMENDED. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF WICHITA, KANSAS. SECTION 1. That having received a recommendation from the Planning Commission, and proper notice having been given and hearing held as provided by law and under authority and subject to the provisions of The Wichita-Sedgwick County Unified Zoning Code, Section V-C, as adopted by Section 28.04.010, as amended, the zoning classification or districts of the lands legally described hereby are changed as follows: Case No. ZON 2005-54 Zone change from SF-5, Single-family Residential District to LC, Limited Commercial District, described as: Lots 1-3, Block A, E. S. Development Midwest Commercial Addition, Wichita Sedgwick County, Kansas. Generally located north of 21st Street North and on the east side of Maize Road. SECTION 2. That upon the taking effect of this ordinance, the above zoning changes shall be entered and shown on the "Official Zoning Map" previously adopted by reference, and said official zoning map is hereby reincorporated as a part of the Wichita -Sedgwick County Unified Zoning Code as amended. SECTION 3. That this Ordinance shall take effect and be in force from and after its adoption and publication in the official City paper. ADOPTED this _______ day of _________________ 2006. ATTEST: Karen Sublett, City Clerk Carlos Mayans, Mayor (SEAL) Approved as to form: Gary E. Rebenstorf, City Attorney Agenda Item 42. City of Wichita City Council Meeting July 11, 2006 Agenda Report 06-0728 TO: Mayor and City Council Members SUBJECT: DED 2006-14 and 15 -- Dedication of Street Rights-of-Way, Located on the Northeast corner of 135th Street West and MacArthur Road. INITIATED BY: Metropolitan Area Planning Department AGENDA ACTION: Planning (Consent) Staff Recommendation: Accept the Dedications. Background: These Dedications are associated with a lot split case (SUB 2005-81). The Dedications are for street right-of-way along 135th Street West. Analysis: None. Financial Considerations: None. Goal Impact: Ensure Efficient Infrastructure. Legal Considerations: The Dedications will be recorded with the Register of Deeds. Recommendations/Actions: It is recommended that the City Council accept the Dedications. Agenda Item 43. City of Wichita City Council Meeting July 11, 2006 Agenda Report No. 06-0729 TO: Wichita Housing Authority Board SUBJECT: Submission to HUD for 2006 and 2007 Section 8 Mainstream Funding (All Districts) INITIATED BY: Housing and Community Services Department AGENDA: Housing (Consent) Recommendation: Approve the submission of the 2006 and 2007 Requisitions for Partial Payment of Annual Contributions for the Section 8 Mainstream Program. Background: The Department of Housing and Urban Development (HUD) requires that the Wichita Housing Authority (WHA) annually submit Section 8 Mainstream budgets for HUD approval. The budget estimates the housing assistance and administrative fees necessary to support the 75 Mainstream housing assistance vouchers that HUD has allocated for the WHA. "Mainstream" vouchers are specifically designated to help persons with disabilities, to obtain affordable housing. The Mainstream program allows a client to locate his or her own rental housing unit; the WHA subsidizes the rent through housing assistance payments to the landlord based on the client's household income. Analysis: The 2006 Budget will provide funding in the amount of $86,751 for the period of October 1, 2006 through December 31, 2006. The 2007 Budget will provide funding in the amount of $347,004 for the period of January 1, 2007 through December 31, 2007. The Mainstream program will be totally funded by HUD and will provide for 75 housing assistance vouchers in each period. Legal Considerations: The Wichita Housing Authority Board's approval is required for budget submittal to HUD. Goal Impact: The Mainstream program will contribute to the Economic Vitality and Affordable Living goal. Financial Considerations: The program is completely funded by HUD grants. No local tax funds will be required for this program.. Recommendations/Actions: It is recommended the Wichita Housing Authority Board approve the submission of the Requisition for Partial Payment of Annual Contributions and authorize the necessary signatures for submittal to HUD. Attachments: Forms for each funding period. HUD Form-52663 HUD Form-50071 HUD Form-52673 Standard Form-LLL HUD Form-52672 Standard Form-424 HUD Form-50070 Agenda Item No. 44. City of Wichita City Council Meeting July 11, 2006 Agenda Report No. 06-0730 TO: Wichita Airport Authority SUBJECT: General Aviation Apron, Taxiways F and G, Runway Markings and Airfield Electrical - Colonel James Jabara Airport INITIATED BY: Airport Department AGENDA: Wichita Airport Authority (Consent) Recommendation: Approve the capital project budget and contract. Background: The airfield paving projects are included in the Capital Improvement Program. Analysis: Pending tenant development requires the construction of airfield pavements; runway marking changes are mandated by the FAA; and the replacement of airfield electrical equipment is due to equipment becoming unreliable. Professional Engineering Consultants provided the only Statement of Qualifications and the Staff Screening and Selection Committee concurred with Airport staff as to their qualifications. Financial Considerations: The contract amount for design and bid phase services is $108,845.85. The total project cost is currently estimated to be $1,840,000. Ultimate funding is expected to be from AIP Federal Grant funds and General Obligation bonds paid for with Airport Revenue. Goal Impact: The Airport's contribution to the economic vitality of Wichita is promoted through the development of additional pavements to serve the aviation community. Legal Considerations: The Law Department has approved the contract and the Authorizing Resolution as to legal form. Recommendations/Actions: It is recommended the Wichita Airport Authority approve the contract, adopt the resolution, approve the capital budget and authorize necessary signatures contingent upon FAA approval. Attachments: Resolution (Published in the Wichita Eagle on ________________,_______.) RESOLUTION NO. __________________ AN RESOLUTION DECLARING THAT A PUBLIC NECESSITY EXISTS FOR, AND THAT THE PUBLIC SAFETY, SERVICE AND WELFARE WILL BE ADVANCED BY, THE AUTHORIZATION OF CERTAIN CAPITAL IMPROVEMENTS TO THE COLONEL JAMES JABARA AIRPORT FACILITY;AND SETTING FORTH THE NATURE OF SAID IMPROVEMENTS; THE ESTIMATED COSTS THEREOF; AND THE MANNER OF PAYMENT OF SAME. WHEREAS, K.S.A. 3-114 provides that an airport authority established pursuant to K.S.A. 3-162 shall have the power to equip, improve and maintain an airport and WHEREAS, K.S.A. l3-1348a provides that a city having an airport authority established pursuant to K.S.A. 3-162 is authorized to issue general obligation bonds for the purpose of purchasing land for airport purchases or for the construction, enlargement, reconstruction, repair or addition to or of any improvements to any such lands. THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF WICHITA, KANSAS: SECTION 1. That a public necessity exists for, and that the public safety, service and welfare will be advanced by, the authorization of certain capital improvements, specifically, Jabara Airfield Pavements, Markings and Electrical to the Colonel James Jabara Airport facility operated by the Wichita Airport Authority of the City of Wichita, Kansas. SECTION 2. That the cost of the above described improvements is estimated to be One Million Eight Hundred and Forty Thousand Dollars ($1,840,000), exclusive of the cost of interest on borrowed money, paid by the Wichita Airport Authority of the City of Wichita. Said Wichita Airport Authority cost, shall be financed through the issuance of general obligation bonds under the authority of K.S.A. l3-1348a, as amended by Charter Ordinance No. 78 of the City of Wichita, Kansas. SECTION 3. That the above described improvements shall be made in accordance with the Plans and Specifications prepared under the direction of the Airport Engineering and Planning Manager and approved by the Wichita Airport Authority. Said plans and specifications are to be placed on file in the office of the Airport Engineering and Planning Manager located at Wichita Mid-Continent Airport. SECTION 4. That the City Clerk shall make proper publication of this resolution, which shall be published once in the official City paper and which shall be effective from and after said publication. ADOPTED at Wichita, Kansas, ____________________,_______. CARLOS MAYANS, MAYOR ATTEST: KAREN SUBLETT, CITY CLERK (SEAL) APPROVED AS TO FORM: GARY REBENSTORF, DIRECTOR OF LAW ####### 92