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TO PLACE YOUR AD
Online http://mnks.us/ad
E-mail classified@mnks.us
Fax (620) 382-2262
Phone (620) 382-2165
Deadline 5 p.m. Monday
All real estate advertised is subject to the Fair Housing Act of 1968, which makes it illegal to advertise “any preference, limitation or discrimination based on race, color, religion or national origin, or an intention to make any such preference, limitation, or discrimination.”
CLASSIFICATIONS
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Personals |
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Kansas classified |
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04 garage sales
Thursday 10 to 5, Friday 8 to 6 and Saturday 8 to 12 (half price). Home décor, household items, designer handbags, toys, clothes (women’s 4 - 20, maternity, scrubs, men’s s - xl, juniors, girls 3mo. - 4t), shoes, jewelry and much more. 146 S. Lincoln, Marion. Conyers, Schafers, Russell.
07 For Sale
For Sale: 2020 John Deere movers, quadsteering hydrostic, always shedded, oil change filter and serivce, June 21, 2022, (620) 382-6243.
11 land
16 dwellings for rent
17 For Rent
Storage units available - North Roosevelt or South 3rd Street, Marion. Many sizes, yearly rates. Call Jim, (316) 284-2231 or call (316) 284-1299.
18 help wanted
21 Special notices
Faced with a drinking problem? Perhaps Alcoholics Anonymous (AA) can help. Weekly meetings. Open to the Public. Come see us at St. Luke Medical Clinic basement, 537 S. Freeborn, Marion, Mondays, 7 to 8 p.m.
Marion Chapter of TOPS (Take Off Pounds Sensibly) Thursday 9:30 a.m. Hilltop Manor, 1501 E. Lawrence, Marion.
24 kansas classified
Farm/Livestock
Use Happy Jack® Kennel Dip as an area spray to control lyme disease ticks, fleas, stable flies, & mosquitoes where they breed. At Orscheln Farm & Home (www.fleabeacon.com)
For Sale
Place your 25-word classified in the Kansas Press Association and 135 more newspapers for only $300/ week. Find employees, sell your home or your car. Call the Kansas Press Association @ 785-271-5304 today!
Misc.
LONG DISTANCE moving: Call today for a free quote from America’s most trusted interstate movers. Let us take the stress out of moving! Speak to a relocation specialist, call 888-788-0471
Never Pay for covered home repairs again! Complete care home warranty covers all major systems and appliances. 30 day risk free. $200.00 off + 2 free months! 844-237-1432
UPDATE YOUR home with beautiful new blinds & shades. Free in-home estimates make it convenient to shop from home. Professional installation. Top quality - Made in the USA. Call for free consultation: 844-740-0117. Ask about our specials!
DONATE YOUR car to charity. Receive maximum value of write off for your taxes. Running or not! All conditions accepted. Free pickup. Call for details. 844-268-9386
BATHROOM RENOVATIONS. Easy, one day updates! We specialize in safe bathing. Grab bars, no slip flooring & seated showers. Call for a free in-home consultation: 855-382-1221
Medical Billing & coding training. New students only. Call & press 1. 100% online courses. Financial aid available for those who qualify. Call 888-918-9985
NEW AUTHORS wanted! Page publishing will help you self-publish your own book. Free author submission kit! Limited offer! Why wait? Call now: 855-939-2090
DirecTV Satellite TV service starting at $74.99/month! Free installation! 160+ channels available. Call now to get the most sports & entertainment on TV! 888-721-1550
Never clean your gutters again! Affordable, professionally installed gutter guards protect your gutters and home from debris and leaves forever! For a free quote call: 844-607-1363
TOP CASH paid for old guitars! 1920-1980 Gibson, Martin, Fender, Gretsch, Epiphone, Guild, Mosrite, Rickenbacker, Prairie State, D’Angelico, Stromberg. And Gibson Mandolins / Banjos. 855-454-6658
PAYING TOP cash for men’s sport watches! Rolex, Breitling, Omega, Patek Philippe, Heuer, Daytona, GMT, Submariner and Speedmaster. Call 844-575-0691
DISCOUNT AIR travel. Call flight services for best pricing on domestic & international flights inside and from the US. Serving United, Delta, American & Southwest and many more airlines. Call for free quote now! Have travel dates ready! 833-381-1348
25 public notices
First published June 15, 2022, in the Hillsboro Star-Journal, Peabody Gazette-Bulletin and Marion County Record, Marion, Kansas (3t)
NOTICE OF PRIMARY ELECTION
A Primary Election will be held August 2, 2022. Candidates for the following offices will be nominated by each political party which has qualified to participate in the Primary Election:
One candidate for United States Senate
One candidate for United States Representative 2nd District
One candidate for Governor/Lt. Governor
One candidate for Kansas Secretary of State
One candidate for Kansas Attorney General
One candidate for State Treasurer
One candidate for State Commissioner of Insurance
One candidate for State Representative, 70th District & 74th District
One candidate for Member, State Board of Education, 9th District
One candidate for County Commissioner 1st District
One candidate for County Commissioner 4th District
One candidate for County Commissioner 5th District
One candidate for County Sheriff (unexpired term)
One candidate for Township Clerk in each Township
The following officers will be elected in each political party which has qualified to participate in the Primary Election:
One Precinct Committeeman in each Precinct
One Precinct Committeewoman in each Precinct
IN TESTIMONY WHEREOF, I hereto set my hand and cause to be affixed my official seal in Marion, KS, this 13th day of June, 2022
/s/Tina D. Spencer
Marion County Election Officer
(SEAL)
A-39-40-41-2190
First published June 15, 2022, in the Marion County Record, Marion, Kansas (3t)
IN THE DISTRICT COURT OF MARION COUNTY, KANSAS
PROBATE DIVISION
In the Matter of the Estate of
ROBERT G. EHRLICH, Deceased.
Case No. MN-2022-PR-000038
(Filed Pursuant to K.S.A. Chapter 59)
NOTICE OF HEARING AND
NOTICE TO CREDITORS
THE STATE OF KANSAS TO ALL PERSONS CONCERNED:
You are notified that on June 6, 2022, a Petition for Issuance of Letters of Administration Under the Kansas Simplified Estates Act was filed in this Court by Karen F. Ehrlich, an heir of Robert G. Ehrlich, deceased.
You are required to file your written defenses to the petition on or before July 12, 2022, at 9:30 a.m., in the Marion County District Court, 200 Third St., Suite 201, Marion, Kansas 66861, at which time and place the cause may be heard. If you fail to file your written defenses, judgment and decree will be entered in due course upon the petition.
All creditors are notified to exhibit their demands against the estate within 4 months from the date of the first publication of notice under K.S.A 59-2236 and amendments thereto, or if the identity of the creditor is known or reasonably ascertainable, 30 days after actual notice was given as provided by law, and if their demands are not thus exhibited, they shall be forever barred.
Karen F. Ehrlich
Petitioner
BROOKENS LAW OFFICE, LLC
J. Robert Brookens Sup. Ct.#09757
403 E. Main, PO Box 293
Marion, KS 66861
Ph:620 382-2133 Fx: 620-382-8982
email: bob@BRLawmarioncounty.com
Attorney for Petitioner
M-39-40-41-2192
First published June 15, 2022, in the Marion County Record, Marion, Kansas (3t)
IN THE DISTRICT COURT OF MARION COUNTY, KANSAS
MAHLON B. RIGGS
Plaintiff
vs.
AMY ERICKSON
All unknown Defendants, unknown heirs, devisees, legatees of any deceased persons; any unknown spouses; any unknown creditors and lienholders; all unknown persons who are minors, or under legal disability or in the military service
AND
STATE OF KANSAS,
KANSAS DEPARTMENT OF REVENUE
AND
STATE OF KANSAS
KANSAS HIGHWAY PATROL
Defendants
CASE NO. 2022-CV-000021
PURSUANT TO K.S.A. CHAPTER 60
NOTICE OF SUIT
THE STATE OF KANSAS TO: the Defendants above named and all other persons who are or may be concerned:
You are hereby notified that a Petition has been filed in the District Court of Marion County, Kansas on May 16, 2022, by Mahlon B. Riggs, praying for judgment against the Defendants and each of them declaring that title to the following property:
1991 Jeep Wrangler, VIN# 2J4FY29S6MJ135698, reflected on duplicate title from Utah; or VIN# 2J4FY297166217
be quieted in the name of the Plaintiff, Mahlon B. Riggs and further that the Court determine all adverse interests of the Defendants or any person claiming by, through or under any of the Defendants be forever barred and excluded from any title, estate or interest in, or lien upon, or claim against said property above described; and you are hereby required to plead to said petition or before the 26th day of July, 2022, in said Court in Marion, Kansas. Should you fail therein judgment and decree will be entered in due course upon the Petition.
Mahlon B. Riggs, Plaintiff
Zachary R. Strella, #28916
KARSTETTER & BINA, L.L.C.
322 N. Main, Ste. 201
P.O. Box 1103
McPherson, KS 67460-1103
(620) 241-8800 (620) 241-8809
zstrella@kklawoffices.com
Attorney for Plaintiff
M-39-40-41-2193
First published June 15, 2022, in the Marion County Record, Marion, Kansas (3t)
IN THE DISTRICT COURT OF MARION COUNTY, KANSAS
In the Matter of the Estate of
Richard C. Loewen, Deceased Case No. MN-2022-PR-000040
(Petition Pursuant to K.S.A. Chapter 59)
NOTICE OF HEARING
You are notified that a Petition has been filed in this Court by Dakota N. Loewen, sole heir of Richard C. Loewen, deceased, requesting:
Descent be determined of the following described real estate situated in Marion County, Kansas:
Lot 38, Pine Street North, Peabody, Kansas
and all personal property and other Kansas real estate owned by decedent at the time of death. And that such property and all personal property and other Kansas real estate owned by the decedent at the time of death be assigned pursuant to the laws of intestate succession.
You are required to file your written defenses to the Petition on or before July 12, 2022 at 9:30 a.m. in the city of Marion in Marion County, Kansas, at which time and place the cause will be heard. Should you fail to file your written defenses, judgment and decree will be entered in due course upon the Petition.
Dakota N. Loewen
Petitioner
J. Robert Brookens Sup. Ct. #09757
BROOKENS LAW OFFICE, LLC
403 E. Main, PO Box 293
Marion, KS 66861
(620) 382-2133 FAX: (620) 382-8982
Email: bob@brlawmarioncounty.com
Attorney for Petitioner
M-39-40-41-2196
First published June 29, 2022, in the Marion County Record, Marion, Kansas (3t)
IN THE DISTRICT COURT OF MARION COUNTY, KANSAS CIVIL DEPARTMENT
Rocket Mortgage, LLC f/k/a/ Quicken Loans, LLC
Plaintiff,
vs.
The Heirs-at-law of Richard Clark, deceased; Unknown Spouse, if any, of Richard Clark; John Doe (Tenant/Occupant); Mary Doe (Tenant/Occupant),
Defendants.
Case No. MN-2022-CV-000028
Court Number:
Pursuant to K.S.A. Chapter 60
NOTICE OF SUIT
THE STATE OF KANSAS, to the above-named defendants and the unknown heirs, executors, administrators, devisees, trustees, creditors and assigns of any deceased defendants; the unknown spouses of any defendants; the unknown officers, successors, trustees, creditors and assigns of any defendants that are existing, dissolved or dormant corporations; the unknown executors, administrators, devisees, trustees, creditors, successors and assigns of any defendants that are or were partners or in partnership; the unknown guardians, conservators and trustees of any defendants that are minors or are under any legal disability; and the unknown heirs, executors, administrators, devisees, trustees, creditors and assigns of any person alleged to be deceased, and all other persons who are or may be concerned.
You are notified that a Petition has been filed in the District Court of Marion County, Kansas, praying to foreclose a real estate mortgage on the following described real estate:
Lot 6, Block 5, County Clerk’s 7th Hillsboro Plat, City of Hillsboro, Marion County, Kansas, commonly known as 311 S Ash St, Hillsboro, KS 67063 (the “Property”)
and all those defendants who have not otherwise been served are required to plead to the Petition on or before the 9th day of August, 2022, in the District Court of Marion County,Kansas. If you fail to plead, judgment and decree will be entered in due course upon the Petition.
NOTICE
Pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. §1692c(b), no information concerning the collection of this debt may be given without the prior consent of the consumer given directly to the debt collector or the express permission of a court of competent jurisdiction. The debt collector is attempting to collect a debt and any information obtained will be used for that purpose.
Prepared By:
SouthLaw, P.C.
Shari Ashner (KS # 14498)
13160 Foster Suite 100
Overland Park, KS 66213-2848
(913) 663-7600
(913) 663-7899 (Fax)
Shari.Ashner@southlaw.com
Attorneys for Plaintiff
(234894)
M-41-42-43-2203
First published June 29, 2022, in the Marion County Record, Marion, Kansas (2t)
IN THE DISTRICT COURT OF MARION COUNTY, KANSAS
IN THE INTEREST OF:
Name Addilyn Adkins
Year of Birth 2020 A X female
Case No. 2020-JC-000003
NOTICE OF HEARING
Pursuant to K.S.A. 38-2237
TO: Aaron Harter, aka Aaron Harder; any unknown putative father; Kenneth Harter and unknown mother of Aaron Harter; Any unknown putative paternal grandparents; Samantha Adkins; Harold and Cyndie Beauchamp and all other persons who are or may be concerned:
You are hereby notified that a petition has been filed in this court alleging that the child named above is a Child in Need of Care. The Court may find that the parents are unfit by reason or conduct or condition which renders the parents unable to care properly for a child, the conduct or condition is unlikely to change in the foreseeable future, the parental rights of the parent should be terminated, and a permanent custodian should be appointed for the child.
A hearing on the motion to terminate parental rights is scheduled for the 18th day of July, 2022 at 2:15 o’clock p.m. At the hearing the Court may issue orders relating to the care, custody and control of the child. The hearing will determine if the parents should be deprived of their parental rights and the right to custody of the child.
The parent(s), and any other person having legal custody are required to appear before this Court on the date and time shown, or to file your written response to the petition with the Clerk of the District Court prior to that time. Failure to respond or to appear before the Court at the time shown will not prevent the Court from entering judgment as requested in the petition, finding that the child is a Child in Need of Care, removing the child from the custody of parent, parents or any other present legal custodian until further order of the Court, or finding the parents unfit, and entering an order permanently terminating the parents’ parental rights.
An attorney has been appointed as guardian ad /item for the child: (Give name and contact information.) Zach Strella, P.O. Box 1103, McPherson, KS 67460, tel: 620-241-8800. You have the right to appear before the Court and be heard personally, either with or without an attorney. The Court will appoint an attorney for any parent who desires an attorney but is financially unable to hire one. The Court may order one or both parents to pay child support. An attorney has been appointed for you: (Give name and contact information.) _
Date and time of hearing: July 18, 2022 at 2:15 o’clock p.m.
Place of hearing: Marion County District Court
/s/Joel Ensey
Marion County Atorney’s Office
M-41-42-2205
First published June 29, 2022, in the Marion County Record, Marion, Kansas (2t)
IN THE DISTRICT COUNTY OF MARION COUNTY, KANSAS
IN THE INTEREST OF:
Name Heath Colt Salamone
Case No. 2019-JC-000028
NOTICE OF HEARING
Pursuant to K.S.A. 38-2237
TO: Amanda Salamone, Susan Salamone, Stephen Salamone, any putative father, Tanner Jasper, any putative paternal grandmother, any putative paternal grandfather, ariy unknown father, any unknown paternal grandmother and any unknown paternal grandfather and all other persons who are or may be concerned
You are hereby notified that a petition has been filed in this court alleging that the child named above is a Child in Need of Care. The Court may find that the parents are unfit by reason or conduct or condition which renders the parents unable to care properly for a child, the conduct or condition is unlikely to change in the foreseeable future, the parental rights of the parent should be terminated, and a permanent custodian should be appointed for the child.
A hearing on the petition is scheduled for the 18th day of July, 2022 at 2:15 o’clock p.m. At the hearing the Court may issue orders relating to the care, custody and control of the child. The hearing will determine if the parents should be deprived of their parental rights and the right to custody of the child.
The parent(s), and any other person having legal custody are required to appear before this Court on the date and time shown, or to file your written response to the petition with the Clerk of the District Court prior to that time. Failure to respond or to appear before the Court at the time shown will not prevent the Court from entering judgment as requested in the petition, finding that the child is a Child in Need of Care, removing the child from the custody of parent, parents or any other present legal custodian until further order of the Court, or finding the parents unfit, and entering an order permanently terminating the parents’ parental rights.
An attorney has been appointed as guardian ad /item for the child: (Give name and contact information.) Zach Strella, P.O. Box 1103, McPherson, KS 67460, Tel: 620-241-8800. You have the right to appear before the Court and be heard personally, either with or without an attorney. The Court will appoint an attorney for any parent who desires an attorney but is financially unable to hire one. The Court may order one or both parents to pay child support. An attorney has been appointed for you: (Give name and contact information.)
Date and time of hearing: July 18, 2022 at 2:15 o’clock p.m.
Place of hearing: Marion County Courthouse, Marion, Kansas
/s/ Joel Ensey
Joel Ensey, #25164
Marion County Attorney’s Office
M-41-42-2206
First published June 29, 2022, in the Hillsboro Star-Journal, Peabody Gazette-Bulletin, and Marion County Record, Marion, Kansas (1t)
NOTICE OF PLACES AND DATES OF REGISTRATION
In compliance with the provisions of K.S.A. 25-2311(c), notice is hereby given for the Primary Election to be held August 2, 2022 that the books for registration of voters are open at the following places during regular business hours:
Community National Bank, Burns
Goessel City Clerk’s Office, Goessel
Hillsboro City Clerk’s Office, Hillsboro
Lehigh Post Office, Lehigh
Marion City Clerk’s Office, Marion
Marion County Clerk’s Office, Courthouse, Marion
Peabody City Clerk’s Office, Peabody
At 5 p.m. on the 12th of July, 2022, the books for registration of voters in the county of Marion will close and will remain closed until the 3rd day of August, 2022.
A citizen of the United States who is 18 years of age or older, or will have attained the age of 18 years by the next election, must register before he or she can vote. Registration is open until the close of business on the 20th day before the election.
When a voter has been registered according to law, the voter shall remain registered until the voter changes name by marriage, divorce or other legal proceeding, or the voter changes residence. The voter may re-register in person, by mail or other delivery when registration is open.
Application forms are available from the Marion County Election Officer or the Kansas Secretary of State and are also available online at www.marioncoks.net and www.sos.ks.gov. The application shall be signed by the applicant under penalty of perjury.
WITNESS MY HAND and the seal of my office this 29th day of June, 2022.
(Seal) Tina D. Spencer
Marion County Election Officer
A-41-2207
First published June 29, 2022, in the Marion County Record, Marion, Kansas (3t)
IN THE EIGHTH JUDICIAL DISTRICT COURT OF MARION COUNTY, KANSAS
IN THE MATTER OF THE PETITION OF
Kodi Nichole Panzer
To Change His/Her Name to:
Kodi Nichole Crofoot
Case No. MN2022CV30
PURSUANT TO K.S.A. CHAPTER 60
PETITION FOR CHANGE OF NAME
Pursuant to K.S.A. 60-1402
Petitioner states:
1. I reside in the County in which this Petition is being filed.
2. I have been a resident of Kansas for more than sixty (60) days before filing this petition.
3. My YEAR of birth is 1981 and my place of birth is Beloit County in the State of Kansas.
4. My birth certificate shows my name as: Kodi Nichole Charbonneau
5. My present name is: Kodi Nichole Panzer
6. Other names I am using or have used are:
7. I desire to have my name changed to: Kodi Nichole Crofoot because of marriage November 8th, 2017.
8. This Petition is not made for the purpose of avoiding any debts, obligations or legal process nor is it made for the purpose of misleading or defrauding any person. The requested name change will not result in prejudice to any person.
9. My best interests are served by the requested change in name.
I ask the Court to set this matter for hearing and order service by publication, registered mail or certified mail, or, if appropriate, waive any requirement for service. I further ask the Court to issue an order changing my name from Kodi Nichole Panzer to Kodi Nichole Crofoot and for such other relief as the Court deems appropriate under the circumstances.
I affirm under penalty of perjury that all statements in this Petition for Change of Name are accurate to best of my knowledge.
/s/Kodi N. Panzer
Name (print): Kodi Nichole Panzer
Address 1: 428 N. Cedar St.
City, State, Zip: Marion, KS 66861
Telephone Number: 620-266-6279
M-41-42-43-2208
First published May 25, 2022, in the Peabody Gazette-Bulletin, Peabody, Kansas (1t)
CITY OF PEABODY, KANSAS
NOTICE TO ADJOINING PROPERTY OWNERS ON ZONING HEARING
The Peabody City Planning Commission will consider the following zoning application at its meeting at 7:00 p.m. pm July 20, 2022 in the Council Room at City Hall, 300 Walnut, Peabody, Kansas.
Case No. Z-2022-1100. Proposed Floodplain Variance
Legal description: Tax Unit 011 City Peabody City USD 3968 CAMA: 252-04-0-30-09-009.00-0 and 252-04-0-30-09-010.00-0
Prop Addr: 107 & 109 N Walnut St, 66866
LOT 35, WALNUT ST-N-ODDS; PEABODY
LOT 37, WALNUT ST-N-ODDS; PEABODY; 1/2 INT IN S PARTY WALL & N PARTY; WALL AS RECORDED
General Location: 107 & 109 N Walnut
You may appear at this time either in person or by agent or attorney, if you so desire, and be heard on the matter. After hearing the views and wishes of all persons interested in the case, the Planning Commission may close the hearing and consider a recommendation to the City Council which, if approved, would amend the City’s Zoning Regulation. The public hearing may be recessed and continued from time to time without further notice.
If you have any questions prior to the hearing, please call me at 620-983-2174 and refer to the above case number.
/s/Jylle Wilson
Zoning Administrator
P-41-42-2209
First published June 29, 2022, in the Hillsboro Star-Journal, Peabody Gazette-Bulletin, and Marion County Record, Marion, Kansas (1t)
MARION COUNTY, KANSAS RESOLUTION 2022-19
A RESOLUTION ESTABLISHING A SERVICE FEE FOR 2022 FOR SOLID WASTE FACILITIES, ASSESSING THE FEE ON REAL PROPERTY, AND ESTABLISHING THE MANNER OF COLLECTION OF THE SOLID WASTE FEE
WHEREAS, K.S.A. 65-3410, as amended, authorizes a schedule of solid waste fees to be imposed on real property within a county; and
WHEREAS, K.S.A. 19-lOla grants Home Rule powers to the County to enact nonconflicting laws on the same subject matter as state laws; and
WHEREAS, it is deemed in the best interest of Marion County, Kansas, for solid waste disposal fees to be imposed on all real property within Marion County on which solid waste is or may be generated. Such fees shall not be for purpose of collection of solid waste or its transportation to a solid waste facility.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MARlON COUNTY, KANSAS:
Section 1. The following definitions shall apply throughout this Resolution:
“Business” shall mean any building, structure or place, whether in commercial, industrial, institutional, governmental or other non-residential use, that generates or may generate solid waste.
a. Each hotel or motel shall be a business.
b. A retirement home without independent living units shall be a business.
c. Home occupations or other home-based businesses shall be businesses upon determination by the County Sanitarian that the generation of solid waste by such use routinely exceeds the volume of solid waste generated by similar nearby residences. Note: If a business is in a separate building from the home, then a $132.00 Commercial Fee and a $100.00Residential Fee will apply.
“Collection fee or charges” means any fees or charges imposed by solid waste collectors, public or private, for providing the service of collection of solid waste at the site of its generation, and transportation of such waste to a solid waste facility.
“Construction and demolition waste” means lumber, masonry, concrete, other building materials and the resultant mixture with soil or other solid waste resulting from construction, remodeling, repair or demolition of buildings, structures, pavements, bridges and similar projects.
“Disposal fee” means the solid waste assessment paid by residential and business real property owners to the Marion County Treasurer in accordance with this Resolution. Such assessment shall be utilized to pay for the costs associated with the handling of solid waste at the Marion County transfer station or any other solid waste facility designated by the Board of County Commissioners, and for the costs of transportation to and final disposition at a disposal area. The disposal fee established by this resolution does not encompass collection fees or charges for the collection of solid waste at its site of generation or its transportation to the Marion County transfer station or other solid waste facility.
“Garbage” means the animal and vegetable waste or the mixture thereof, resulting from the handling, processing, storage, packaging, preparation, sale, cooking and serving of meat, produce, and other foods and shall include unclean containers. The definition is intended to include all material defined as “garbage” in K.S.A. 12-2101(1).
“Generator” means the person actually bringing into existence, generating or producing solid waste and includes its point of generation of origin.
“Hazardous wastes” means solid and liquid wastes which require special handling and/or disposal to avoid illness or injury to persons or damage to property and to protect and conserve the environment and shall include, but not be limited to: pesticides, acids, caustics, other dangerous chemicals, pathological wastes, radioactive materials, flammable or explosive materials, oils, solvents and similar chemicals, and materials that are significantly contaminated with one or more of the above enumerated wastes, and shall also include containers, materials and solid wastes that have been contaminated with hazardous wastes. Hazardous wastes include materials or substances which, by reason of their composition or characteristics, are:
a. Hazardous waste as defined in the Solid Waste Disposal Act, 42 U.S.C. 6901, et seq., or the regulations thereunder, Resource Conservation and Recovery Act, Subtitle D, and applicable Kansas statutes or the regulations thereunder, and any similar or substituted legislation or regulations or amendments to the foregoing.
b. Any other materials which any governmental agency or unit having appropriate jurisdiction shall determine from time to time are harmful, toxic or dangerous.
“Person” means any individual, firm, trust, partnership, company, association, corporation, institution, or government department or agency.
“Residence” shall mean any living quarters designed for occupancy by a single family that generates or may generate solid waste. For purposes of calculating the monthly disposal fee:
a. Each manufactured home/mobile home shall be one residence.
b. Each of the living quarters in an apartment building shall be one residence, provided however, that each living quarter in an apartment building or other multi-family residential structure that: (1) has 10 or more living quarters, (2) uses a dumpster or other common solid waste collection system, and (3) is operated by a public housing authority shall be assessed at one-half the assessment for residences as set out in Section 2.a of this resolution.
c. Each independent living unit in a retirement center shall be one residence.
“Sewage” means sewage as defined by K.S.A. 65-164, which includes any substance that contains any of the waste products or excrementitious or other discharges from the bodies of human beings or animals, or chemical or other wastes from domestic, manufacturing or other forms of industry.
“Solid waste” means garbage, trash, commercial garbage, commercial trash, and all other discarded materials (including recyclable materials), but is not limited to, useless, unwanted, or discharged solid or liquid (other than sewage) material relating to or produced by agricultural, commercial, domestic, industrial or manufacturing activities and other containers, packing materials, vegetation, ashes, furniture, manure, street sweepings and mud trap accumulations. The term “solid waste” does not include any uncontaminated earth, stone, or minerals or junk vehicles or hazardous wastes, although “solid waste” may include small amounts of non-regulated and spent or empty containers of hazardous wastes mixed with regular refuse. The term “solid waste” also does not include construction and demolition waste in volumes in excess, per residence and per business, of one cubic yard per pickup.
“Solid waste service area” means the unincorporated and incorporated areas comprising Marion County, Kansas.
“Trash” means non-putrescible materials, including all materials defined as “trash” in K.S.A. 12-2101(2).
“Unit of solid waste” shall mean two (2) cubic yards or less of solid waste collection one (1) time per week over a period of one (1) year.
Section 2. The owners of real property in the Marion County solid waste service area, on whose property solid waste is or may be generated, shall pay the following per unit disposal fee for each residence and/or business located on their real property:
a. Residences
For each residence located in Marion County, as defined in Section 1 above, the assessed fee shall be $8.33 per month, to be billed at the annual rate of $100.00, for one (1) unit of solid waste.
b. Businesses
Each business located in Marion County, as defined in Section 1 above, shall be assessed a minimum of one (1) unit of solid waste annually, at the rate of $11.00 per month, to be billed at the annual rate of $132.00, per unit. Businesses that generate more than one (1) unit of solid waste, as the result of more than one dumpster collection per week, shall be classified, assessed and billed as follows:
Classification |
# of Units |
Annual Assessment |
A |
1 |
$132.00 |
B |
2 |
$264.00 |
C |
3 |
$396.00 |
D |
4 |
$528.00 |
E |
5 |
$660.00 |
F |
6 or more |
* |
*The annual assessment for any business that generates six (6) or more units of solid waste per week shall be fixed by the Board of County Commissioners.
Section 3. The County Sanitarian or his or her designee is hereby authorized to determine the number of units of solid waste each business generates above the one (1) unit minimum, by contacting the City Clerk if collection is by municipal waste collection service or the private collection service if otherwise, to determine the number of two (2) cubic yard dumpsters serviced at each business and the number of times per week the solid waste is collected. The County Clerk shall then impose the proper solid waste assessment fee on the real property of each business as provided herein.
Section 4. All solid waste assessments shall be collected on an annual basis, and shall be billed with the ad valorem property tax statements. Owners of tax exempt real property on whose property solid waste is generated shall be sent a notice of assessment by the County Clerk at the same time that the ad valorem property tax statements are issued.
Section 5. Solid waste assessments which accompany the ad valorem tax statements are for the calendar year - January 1 to December 31 - following the year in which the solid waste statement is dated and mailed. For example, the assessments mailed in the last quarter of the year 2022 are for the calendar year 2023. Solid waste assessments are due and payable at the office of the County Treasurer at the same time that the general property tax bill is due and payable. Delinquent solid waste assessments shall be subject to the same penalties, interest, and procedure and sale in case of delinquency as provided for ad valorem property taxes. All laws applicable to the levy, collection, and enforcement of County ad valorem property taxes shall be applicable to solid waste assessments.
Section 6. Refunds for solid waste assessments may be authorized for the current year and the year immediately preceding. Should it be verified by the County Clerk or her designee that a business has been under-assessed, Marion County may collect the proper fee for the current year and the preceding year from the owner of real property on which the solid waste was generated. The services of the County Sanitarian may be utilized to assist in verification.
Section 7. If at any time prior to the mailing of the solid waste assessments, a real property owner on whose property solid waste is generated believes that a classification error has occurred, such owner shall supply the County Clerk or her designee with a verified application for re classification. Upon review of and agreement with the request, the County Clerk or her designee shall re-classify the subject property and certify to the Marion County Board of Commissioners the correct classification and assessment.
Section 8. For new residences or businesses, solid waste assessments shall go into effect at a time and rate set by current resolution.
Section 9. In accordance with K.S.A. 65-3410, the County Clerk or her designee shall cause to be mailed annually a schedule of the solid waste assessment fees to each owner of real property on which solid waste is or may be generated in Marion County. Said schedule of fees may be mailed with the annual solid waste assessments.
Section 10. In accordance with K.S.A. 65-3410, on or before September 30th of each year the Board of County Commissioners shall prepare a report of delinquent owners of real property on which solid waste is generated.
Section 11. This Resolution shall be effective from and after its adoption by the Board of County Commissioners. The County Clerk is hereby authorized, ordered and directed to cause publication of this Resolution one time in the official County newspaper.
ADOPTED by the Board of County Commissioners of Marion County, Kansas, this 20th day of June, 2022.
BOARD OF COUNTY COMMISSIONERS MARION COUNTY, KANSAS
[ X ]Yea
[ ] Nay.
[ ] Abstain
/s/David Mueller
Chairman, District 2
[ X ]Yea
[ ]Nay
[ ]Abstain
/s/Kent Becker
Member, District 1
[ ]Yea
[ ]Nay
[ ]Abstain
Randy Dallke , Member, District 3
[ X ]Yea
[ ]Nay
[ ]Abstain
/s/Dave Crofoot
Member, District 4
[ X ]Yea
[ ]Nay
[ ]Abstain
/s/Jonah Gehring
[SEAL] Member, District 5
ATTEST:
/s/Tina D. Spencer
County Clerk A-41-2204