First published September 19, 2018,
in the Peabody Gazette-Bulletin,
Peabody, Kansas (1 time)
ORDINANCE NO. 04-2018
AN ORDINANCE AMENDING SECTION 13-101 OF THE CODE OF THE CITY OF PEABODY, KANSAS, PERTAINING TO THE ADOPTION OF THE 2018 EDITION OF THE STANDARD TRAFFIC ORDINANCE FOR KANSAS CITIES; AND REPEALING SECTION 13-101 OF THE CODE OF THE CITY OF PEABODY, KANSAS, AS PREVIOUSLY AMENDED BY ORDINANCE NO. 04-2015.
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF PEABODY, KANSAS:
SECTION 1. Section 13-101 of the Code of the City of Peabody, Kansas, is hereby amended to read as follows:
13-101. INCORPORATING STANDARD TRAFFIC ORDINANCE. There is hereby incorporated by reference for the purpose of regulating traffic upon the highways of the City that certain standard traffic ordinance known as “Standard Traffic Ordinance for Kansas Cities,” Edition of 2018, prepared and published in book form by the League of Kansas Municipalities, Topeka, Kansas, save and except for such articles, sections, parts or portions as are hereafter omitted, deleted, modified or changed. No fewer than three copies of said Standard Ordinance shall be marked or stamped “Official Copy as Adopted by Ordinance No. 04-2018 of the City of Peabody, Kansas,” with all sections or portions thereof intended to be omitted, deleted, modified or changed clearly marked to show any such omissions, deletions, modifications or changes, and to which shall be attached a copy of this ordinance and filed with the City Clerk to be open for inspection and available to the public at all reasonable hours. The police department, municipal judge, and all administrative departments of the City charged with the enforcement of this ordinance shall be supplied, at the cost of the City, such number of official copies of such Standard Traffic Ordinance similarly marked as may be deemed expedient.
SECTION 2. All amendments and additions to the Standard Traffic Ordinance as set forth in Sections 13-103 through 13-104.2, inclusive, of the Code of the City of Peabody, Kansas, as previously amended by Ordinance No. 02-2017, shall continue to be applicable to the edition of the Standard Traffic Ordinance adopted by reference in Section 1 above of this ordinance.
SECTION 3. No person, except those expressly exempted, shall drive any motorcycle, motor-driven cycle, motorized bicycle or autocycle upon any highway or street in this city unless such person has a valid driver’s license and said driver’s license is rated for motorcycles or has a class “M” endorsement. Violation of this section is punishable by fine of not more than $1000.00 or by imprisonment for not more than six months or both fine and imprisonment.
SECTION 3. This ordinance shall take effect and be in force from and after its publication in the PEABODY GAZETTE-BULLETIN, the official newspaper of said City.
PASSED AND ADOPTED this 10th day of September, 2018
/s/ Larry K. Larsen, Mayor
ATTEST: /s/ Jylle Wilson, City Clerk [SEAL]
P-52-3159
First published September 19, 2018,
in the Peabody Gazette-Bulletin,
Peabody, Kansas (1 time)
ORDINANCE NO. 05-2018
AN ORDINANCE AMENDING CHAPTER VII. SECTION 7-803 OF THE CODE OF THE CITY OF PEABODY, KANSAS PERTAINING TO VEHICLE RELOCATION AND ADOPTING NEW SECTION 7-803(c) OF THE CODE OF THE CITY OF PEABODY, KANSAS PERTAINING TO VEHICLE RELOCATION
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF PEABODY, KANSAS:
SECTION 1. That Section 7-803 of the Code of the City of Peabody, Kansas, is hereby amended to read as follows:
7-803 (c) VEHICLE RELOCATION. The running of the time limitations set forth in subsection (b)(2), above, shall not be tolled by the relocation of a vehicle to another location within the city that does not satisfy the specifications of the subsections (b)(1) or (b)(3), above, nor shall such relocation constitute an abatement of the original vehicular nuisance condition which shall be regarded as continuing.
SECTION 2. Original Section 9-105 of the Code of the City of Peabody, Kansas, is hereby adopted.
SECTION 3. This ordinance shall take effect and be in force from and after its publication in the official newspaper of said City of Peabody, Kansas.
PASSED AND ADOPTED by the governing body of the City of Peabody, Kansas, this 10th day of September, 2018.
/s/ Larry K. Larsen, Mayor
ATTEST:
/s/ Jylle Wilson, City Clerk [SEAL]
P-52-3160
6 Wanted
Gas Stove, good condition, any color, will pick up. (785) 366-6910.
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
Wanted PRN/Part-time CMA day and evening shift. Must be reliable, self starter, love to work with the elderly one on one. Apply in person at Marion Assisted Living, 200 Eisenhower Dr., Marion, Kansas (south of the football field).
Juvenile Intake and Assessment Worker – Night. Intake Workers respond to screen and conduct intakes for juveniles and coordinates placement into foster care, emergency shelters, detention or attendant care. This is a night and weekend position that is on-call on a three-week rotation. Shift hours: Monday-Friday 5 p.m. to 8 a.m. and all-day Saturday and Sunday as well as joining holidays. This is not a full-time job and will always be an on-call/part-time position. Pay is $160 per week stipend plus $12 per hour when called out. Applicants must be at least 21 years of age, with a valid Kansas driver’s license, have a high school diploma or equivalent, and pass extensive background checks. Applicants may live in any county within the 8th Judicial District, but must be able to respond to the Marion County Sheriff’s Department within 30 minutes of the page. Applicants can apply electronically on www.HRePartners.com. Application will be accepted until position is filled. Geary County is committed to a diverse workforce as an EEO employer.
21 Special notices
Want or need to make some quick cash? Just transfer your Marion or Herington Central National Bank account to the 1st National Bank at Hope, KS with convenient branch locations at Herington and Miltonvale and receive $200. Just transfer to any other bank and still receive $100. Offer expires 9/21/2018. (620)-381-0283.
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 classifieds
Auctions
September 29, 10 a.m. – 2765 SE HWY 54 Eldorado, KS. Trucks, mowers, tools, and much more. 40-year accumulation. Newcomauctions.bid. Jack Newcom Realty & Auction 316-742-3311.
For Sale
40’ Grade A steel cargo containers. $2,550.00 in Solomon KS. 20s’, 45s’, 48s’, and 53s’ also available. Call 785-655-9430 or go online to Chuckhenry.com for pricing, availability and freight estimates.
Miscellaneous
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25 public notices
First published September 19, 2018,
in the Peabody Gazette-Bulletin,
Hillsboro Star-Journal, and
Marion County Record,
Marion, Kansas (1 time)
RESOLUTION NUMBER 2018-29
A RESOLUTION APPROVING TEXT AMENDMENTS TO THE SUBDIVISION REGULATIONS OF MARION COUNTY, KANSAS.
WHEREAS, a public notice calling for a public hearing by the Marion County Planning Commission on proposed text amendments to the Marion County Subdivision Regulations was properly given by publication in the official County newspaper on August 1st, 2018; and
WHEREAS, on the 23rd day of August, 2018, the Marion County Planning Commission held a public hearing to address proposed amendments to the Marion County Subdivision Regulations concerning modifications in Article 3, Lot Splits and Boundary Shifts; and,
WHEREAS, the Marion County Planning Commission, by a majority vote of the Commission, has recommended approval of amendments to the subdivision regulations concerning said Article 3 by replacing the existing language with new language.
NOW THEREFORE BE IT RESOLVED that the Marion County Subdivision Regulations shall be amended as follows:
Section 1. Existing Article 3, Lot Splits and Boundary Shifts is hereby repealed.
Section 2. New Article 3, Lot Splits and Boundary Shifts is hereby adopted as follows:
3-101 Objective: The objective of this Article is to create a procedure for the division of certain property in the unincorporated portion of Marion County into not more than four (4) lots without having to be platted; and under certain circumstances, to provided for existing platted lots to be divided into not more than two (2) lots without having to be replatted by complying with the formal platting requirements described in Article 2 of these regulations. It is also the objective to provide a procedure for a boundary shift between two adjoining properties. Such lot split or boundary shift shall be subject to the guidelines established in Section 3-104 and any further divisions of the lot or lots so established shall be platted in compliance with the requirements of Article 2 of these regulations.
3-102 Authorization for Approval of Lot Splits: The Zoning Administrator is hereby authorized to approve or disapprove a lot split or boundary shift in accordance with the provisions of this Article. Appeals from a decision made by the Zoning Administrator may be made to the Governing Body for a final determination.
3-103 Application Procedure: The application for a lot split or boundary shift shall be made by the owner of the land to the Zoning Administrator on forms provided and shall be accompanied by the following information:
1. A copy of a drawing to a scale, if possible of not less than 1” = 100’, showing the lot(s) involved, the precise location of any structures thereon, and the location and dimensions of the original and proposed lots. Said drawing shall be a certificate of survey from a licensed land surveyor to determine the exact location of the structures and the precise dimensions of the lots. To facilitate the recording of the lot split and/or boundary shift, the drawing shall be on either letter or legal-size paper.
2. The legal description(s) for the proposed lot(s).
3. The location of existing parking and curb cuts, if any. In the case of a non-residential lot split, required off-street parking shall be shown.
4. The amount of square footage contained in each portion of the original lot.
5. All existing easements and, if any, access control. If the easements or access control were granted by separate instrument, the recording information shall be indicated.
6. All platted building setbacks.
7. The location of existing municipal water mains, water meters, sanitary sewer laterals, gas mains, gas meters, and storm sewer lines which serve the property subject to the lot split or boundary shift.
8. The location of electric, telephone and other utility services to the property subject to the lot split or boundary shift.
9. A 3-inch by 5-inch blank space for the approval acknowledgement of the Zoning Administrator.
3-104 Approval Guidelines: No lot split or boundary shift shall be approved if one or more of the following applies:
1. A new street or extension of an existing street, or a vacation of streets, alleys or setback lines, is required or proposed.
2. There is less street right of way than required by these regulations, unless dedication of additional right of way can be made by separate instrument.
3. Any easement requirements have not been satisfied.
4. Such lot split or boundary shift will result in a landlocked tract.
5. Such lot split or boundary shift will result in a lot(s) without direct access to and/or less than minimum frontage on a street required by the Marion County Zoning Regulations.
6. A substandard sized lot will be created according to these regulations or the Marion County Zoning Regulations. This includes both the created lot and the parent lot.
For those lot splits or boundary shifts which result in significant increases in service requirements, e.g., utilities, traffic control, streets, etc; or which interfere with maintaining existing service levels, e.g., additional curb cuts or points of access, repaving, etc; or which propose private easements for access utilities; review of the lot split or boundary shift by the Planning Commission may be required. Such determination shall be made by the Zoning Administrator. If such a review is necessary, sufficient additional copies of the proposed lot split or boundary shift, and all supporting documentation, shall be provided by the applicant for distribution to the Planning Commission.
The Zoning Administrator shall, in writing, either approve, with or without conditions, or disapprove the lot split or boundary shift within fifteen (15) working days of the application.
The Zoning Administrator may make such additional requirements as deemed necessary to carry out the intent and purpose of these regulations. Such requirements may include, but not be limited to, installation of public facilities, dedication of right of way and/or easements, or submission of covenants for the protection of other landowners in the original subdivision.
3-105 Agricultural Lot Splits: The creation of up to three (3) additional lots, for a total of four (4) lots including the original parent tract, in the unincorporated portion of Marion County on properties zoned and used as agricultural shall be permitted without requiring either a rezoning or a plat. The intent of this provision is to accommodate those divisions of agricultural lands for creation of additional building sites, as well as those that are necessary because of mortgage or lending requirements. This process is established; provided:
1. The provisions of Section 3-103 are complied with completely.
2. The approval guidelines specified in Section 3-104 are complied with to the extent they are applicable to an agricultural lot split.
3. All lots created shall maintain the minimum lot frontage on a public road as required under the provisions of the Marion County Zoning Regulations for properties in the appropriate Agricultural Zoning District as closely as possible. In the event a proposed lot fails to meet the minimum standard, the creation of flag lots, or the use of access easements, with a minimum 50-foot lot frontage may be permissible. Further, the smallest lot created shall not be less than three (3) acres in size.
4. A recordable covenant or agreement between the owner and Marion County for the entire original tract, executed by the owner and/or owners and the County, restricting further division of the original tract without rezoning of all the original tract and platting of the remaining portion of the original tract. The covenant or agreement shall include the requirements that rezoning and platting shall be in conformance with the then applicable Zoning and Subdivision Regulations of Marion County, Kansas, shall be binding on all heirs and assigns of all lots, and shall provide binding consent from all lot owners for the County to take subsequent action to rezone the property as noted below. Said covenant or agreement shall be recorded with the Register of Deeds of Marion County prior to the approval of the agricultural lot split.
5. In the event any of the lots or tracts created by this provision are subsequently divided for any reason, including for mortgage purposes, the subject lots and tracts are subject to the Zoning and Subdivision Regulations then in effect and no further splits shall occur until such properties have been rezoned and platted. No owner shall be accountable for the inclusion of other lots in the platting; however, the County may include by its own action all the lots in any subsequent zoning action.
3-106 Homestead Agricultural Lot Splits: The creation of one (1) homestead agricultural lot, for a total of two (2) lots including the original parent tract, in the unincorporated portion of Marion County on properties zoned and used as agricultural shall be permitted without requiring either a rezoning or a plat. Unlike Agricultural Lot Splits authorized herein, the intent of this provision is to accommodate those divisions of agricultural lands for creation of a non-compliant lot that does not have direct frontage on an existing public road, and which will only be accessible by reason of an access easement. In all other respects, the provisions regarding Agricultural Lot Splits as established herein shall apply; provided, however, the approval of said Homestead Agricultural Lot Split shall only be permitted after consideration by the Planning Commission in the same manner as consideration of a plat, including all required public hearings and notice requirements; and final approval by the Board of County Commissioners following recommendation from the Planning Commission. The Zoning Administrator shall not have the authority to approve a Homestead Agricultural Lot Split.
A Homestead Agricultural Lot Split shall be subject to the following requirements:
1. The provisions of Section 3-103 are complied with to the greatest degree possible.
2. The approval guidelines specified in Section 3-104 are complied with to the extent they are applicable to a Homestead Agricultural Lot Split.
3. The smallest non-compliant agricultural lot created shall not be less than three (3) acres in size. All lots established shall be brought into compliance with the Marion County Sanitation Code with respect to all on-site water and/or wastewater systems associated therewith.
4. The recordable survey shall also identify and establish all necessary easements for access and appropriate utility services and appropriate documentation shall be provided regarding responsibilities of the owners of the lots regarding ownership, maintenance and all other associated aspects regarding the use of these easements.
5. A recordable covenant or agreement between the owner and Marion County for the entire original tract, executed by the owner and/or owners and the County, restricting further division of the original tract without rezoning of all the original tract and platting of the remaining portion of the original tract. The covenant or agreement shall include the requirements that rezoning and platting shall be in conformance with the then applicable Zoning and Subdivision Regulations of Marion County, Kansas, shall be binding on all heirs and assigns of all lots, and shall provide binding consent from all lot owners for the County to take subsequent action to rezone the property as noted below. Said covenant or agreement shall be recorded with the Register of Deeds of Marion County prior to the approval of the Homestead Agricultural Lot Split.
6. In the event any of the lots or tracts created by this provision are subsequently divided for any reason, including for mortgage purposes, the subject lots and tracts are subject to the Zoning and Subdivision Regulations then in effect and no further splits shall considered legal and/or buildable until all the property originally included in the Homestead Agricultural Lot Split have been rezoned and platted. No owner shall be accountable for the inclusion of other lots in the platting; however, the County may include by its own action all the lots in any subsequent zoning action.
Section 3. This Resolution shall be in full force and effect from and after it publication once in the official county newspaper.
ADOPTED BY THE BOARD OF COUNTY COMMISSIONERS of Marion County, Kansas, this 10th day of September, 2018.
/s/ Dianne Novak
Chairman, District 2
/s/ Kent Becker
Commissioner, District 1
/s/ Randy Dallke
Commissioner, District 3
Attest:
/s/ Tina Spencer, County Clerk
A-52-3156
First published September 5, 2018,
in the Marion County Record,
Marion, Kansas (3 times)
MARION COUNTY, KANSAS
RESOLUTION 2018-27
A RESOLUTION AUTHORIZING A VOTE TO CHANGE THE NUMBER OF COMMISSION DISTRICTS FROM THREE TO FIVE
WHEREAS, K.S.A. 19-204, et seq., authorizes the County Commissioners of Marion County, Kansas, to divide the County into three, five or seven commissioners districts, as compact and equal in population as possible; and
WHEREAS, no such resolution which would effect a change in the number of commissioner districts shall take effect until it has been approved by a majority of the qualified electors of the County voting thereon at the next general election following not less than 60 days the adoption of such resolution in which all the qualified electors of the County are entitled to vote.
NOW, THEREFORE, BE IT RESOLVED that the Board of County Commissioners of Marion County, Kansas, shall cause such proposition to be submitted to the voters of the County at the next general election, following not less than 60 days the adoption of this resolution by the Board of County Commissioners of Marion County, Kansas, in which all of the qualified electors of the County are entitled to vote; and
FURTHER, that the Board of County Commissioners of Marion County, Kansas, shall submit the following question on the ballot at the General Election to be held November 6, 2018;
“Shall the following be adopted?
Shall the Board of Marion County Commissioners change the number of County Commission Districts from three (3) County Commission Districts to five (5) County Commission Districts?”
Yes
No
FURTHER, if a majority of the electors voting at such election shall be in favor of increasing the number of commissioner districts, the Board of County Commissioners, on or before January 1 immediately following such election, shall adopt a resolution dividing the County into the number of districts approved by the voters as provided in K.S.A. 19-204a, and amendments thereto; and
FURTHER, with a majority vote to increase the number of commissioner districts in Marion County, that no other change in the number of commission districts shall become effective in Marion County within four years of the effective date of this increase in the number of commissioner districts.
FURTHER, that this Resolution shall be published once each week for three consecutive weeks in the official County newspaper.
ADOPTED by the Board of County Commissioners of Marion County, Kansas, this 31st day of August, 2018.
BOARD OF
COUNTY COMMISSIONERS OF
MARION COUNTY, KANSAS
/s/ Dianne R. Novak, Chairman
/s/ Kent Becker, Commissioner
/s/ Randy Dallke, Commissioner
[SEAL]
ATTEST:
/s/ Tina D. Spencer,
Marion County Clerk
A-50-51-52-3151
First published September 19, 2018,
in the Peabody Gazette-Bulletin,
Hillsboro Star-Journal, and
Marion County Record,
Marion, Kansas (2 times)
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 General Election to be held November 6, 2018 that the books for registration of voters are open at the following places during regular business hours:
Goessel City Clerk’s Office, Goessel
Community National Bank, Burns
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 16th of October, 2018, the books for registration of voters in the county of Marion will close and will remain closed until the 7th day of November, 2018.
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 15th 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 shall be provided by 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 14th day of September, 2018.
[SEAL] Tina D. Spencer
Marion County Election Officer
A-52-1-3162
First published September 5, 2018,
in the Marion County Record,
Marion, Kansas (3 times)
IN THE DISTRICT COURT OF MARION COUNTY, KANSAS
CIVIL DEPARTMENT
Colonial Savings, F.A.
Plaintiff,
vs.
Caleb J. Makovec, et al.
Defendants,
Case No.18CV31
Court No.
Title to Real Estate Involved
Pursuant to K.S.A. §60
NOTICE OF SALE
NOTICE IS HEREBY GIVEN, that under and by virtue of an Order of Sale issued to me by the Clerk of the District Court of Marion County, Kansas, the undersigned Sheriff of Marion County, Kansas, will offer for sale at public auction and sell to the highest bidder for cash in hand at the Courthouse 2nd Floor Lobby of the Marion County, Courthouse, Kansas, on September 27, 2018 at the time of 2:00 PM, the following real estate:
LOT 1, BLOCK 2, RATZLAFF’S SECOND ADDITION, CITY OF GOESSEL, MARION COUNTY, KANSAS Tax ID No.: GOE 0170, Commonly known as 101 E. Prospect Street, Goessel, KS 67053 (“the Property”) MS165246
to satisfy the judgment in the above entitled case. The sale is to be made without appraisement and subject to the redemption period as provided by law, and further subject to the approval of the Court.
Robert Craft
Marion County Sheriff
MILLSAP & SINGER, LLC
By: Chad R. Doornink, #23536
cdoornink@msfirm.com
Jason A. Orr, #22222
jorr@msfirm.com
8900 Indian Creek Parkway,
Suite 180
Overland Park, KS 66210
(913) 339-9132
(913) 339-9045 (fax)
ATTORNEYS FOR PLAINTIFF
MILLSAP & SINGER, LLC AS ATTORNEYS FOR COLONIAL SAVINGS, F.A. IS ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
M-50-51-52-3132
First published September 19, 2018,
in the Marion County Record,
Marion, Kansas (1 time)
The Board of Directors for the City of Marion Land Bank have accepted purchase offers for the following properties:
135 N. Freeborn to Paul Morrison & 714 Sherman to Michael & Tara Czepiel.
These transactions will be completed 30 days after the publication of this public notice of intent.
M-52-3155
First published September 19, 2018,
in the Marion County Record,
Marion, Kansas (3 times)
IN THE DISTRICT COURT
OF MARION COUNTY, KANSAS
In the Matter of the Estate of
TERRY W. CAMP, Deceased Case No. 2018-PR-40
(Pursuant to K.S.A. Chapter 59)
NOTICE OF HEARING AND
NOTICE TO CREDITORS
THE STATE OF KANSAS TO ALL PERSONS CONCERNED:
A Petition was filed in this Court on September 13, 2018, by Rollin Camp, a devisee, legatee and as Executor named in the Last Will and Testament of Terry W. Camp, deceased, dated February 14, 2003, praying for Informal Administration and to Admit the Will to Probate.
You are required to file your written defenses to the Petition on or before October 10 , 2018, at 9:30 a.m. in this Court, in Marion, Marion County, Kansas, at which time and place the cause will be heard. If you do not, judgment will be entered in due course upon the Petition.
All creditors of the above named decedent are notified to exhibit their demands against the estate within 4 months from the first date this Notice is published, as provided by law, and if their demands are not thus exhibited, they shall be forever barred.
Rollin Camp
Petitioner
BROOKENS LAW OFFICE, LLC
J. Robert Brookens Sup. Ct.#09757
Susan C. Robson Sup. Ct. #14508
403 E. Main St., PO Box 293
Marion, Kansas 66861
Ph: 620-382-2133
Fax: 620-382-8982
Bob@BRLawMarionCounty.com
Attorney for Petitioner
M-52-1-2-3157
