(Published in The Butler County Times-Gazette on June 6, 2020)

ORDINANCE NO. 1762

AN ORDINANCE OF THE CITY OF ANDOVER, KANSAS, LEVYINGSPECIAL ASSESSMENT TAXES ON CERTAIN REAL PROPERTIES IN THE

CITY, FOR THE PURPOSE OF PAYING A PORTION OF THE COSTS OFCERTAIN INTERNAL IMPROVEMENTS BENEFITING SUCH REAL

PROPERTIES; PROVIDING FOR THE GIVING OF NOTICE OF SAIDSPECIAL ASSESSMENT TAXES BY PUBLICATION AND MAILING; ANDPROVIDING FOR THE COLLECTION OF SAID SPECIAL ASSESSMENT

TAXES (PRAIRIE CREEK PHASE 3 IMPROVEMENTS, PRAIRIE CREEKPHASE 2 IMPROVEMENTS, PRAIRIE POINTE AT CORNERSTONEIMPROVEMENTS, HEORMAN/SUMMERFIELD IMPROVEMENTS, ANDCORNERSTONE EIGHTH ADDITION IMPROVEMENTS).

NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITYOF ANDOVER, KANSAS:

SECTION 1. For the purpose of paying the benefit districts' $4,438,396.10 combinedportions of the $5,370,000.00 total costs of the following described improvements:

(1) The construction of water, sewer, paving, and storm water drainimprovements, as authorized by Resolution No. 17-05 on July 25, 2017 andpublished July 29, 2017, as amended by Resolution No. 17-12 adoptedNovember 14, 2017 and published November 25, 2017 (the "Prairie CreekPhase 3 Improvements"); and

(2) The construction of water, sewer, and paving improvements, as authorizedby Resolution No. 17-07 on September 12, 2017 and published September23, 2017, as amended by Resolution No. 18-09 adopted April 24, 2018 andpublished May 5, 2018 (the "Prairie Creek Phase 2 Improvements"); and

(3) The construction of water, sewer, paving, and storm water drainimprovements, as authorized by Resolution No. 17-10 on September 26,2017 and published October 7, 2017 (the "Prairie Pointe at CornerstoneImprovements"); and

(4) The construction of paving and drainage improvements, as authorized byResolution No. 18-04 on February 13, 2018 and published February 24,2018 (the "Heorman/Summerfield Improvements"); and

(5) The construction of water, sewer, and paving improvements, as authorizedby Resolution No. 18-08 on April 10, 2018 and published April 21, 2018,as amended by Resolution No. 19-15 adopted June 11, 2019 and publishedJune 22, 2019 (the "Cornerstone Eighth Addition Improvements");

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to the City of Andover, Kansas (the "City'"), there are hereby levied and assessed against theproperties liable therefor, the several amounts set forth below following the description of eachlot, piece or parcel of land situated in the City of Andover. Butler County, Kansas, which are liablefor assessment for said costs:

PRAIRIE CREEKPHASE 3 IMPROVEMENTS

Legal Description

Prairie Creek Addition - Third Phase:

Block A, Lots 1 through 13, inclusiveBlock B, Lots 1 through 22, inclusive

Legal Description

Prairie Creek Addition - Third Phase:

Block A, Lots 1 through 13, inclusiveBlock B, Lots 1 through 22, inclusivePrairie Creek Addition - Fourth Phase

Block A, Lots 1 through 11, inclusiveBlock B, Lots 1 through 6, inclusive

Water

$3,591.43 each$3,591.43 each

Paving

$14,891.43 each$14,891.43 each

N/A

N/A

Sewer

$3,991.43 each$3,991.43 each

Storm Water Drain

$8,065.38 each$8,065.38 each

$8,065.38 each$8,065.38 each

Prairie Creek Addition - Fourth Phase, Block A, Lots 1 through 11, inclusive and Block B, Lots 1through 6, inclusive is formerly known as UNPLATTED TRACT U/2-A: That part of the SW 14of Sec. 9, Twp. 27-S, R-3-E of the 6th P.M., Butler County, Kansas described as follows:Beginning at the SE comer of said SW '4; thence N89°55'35"W along the South line of said SW'4, 1179.61 feet to the intersection with the southerly extension of the east line of Block A, PrairieCreek Addition, Andover, Butler County, Kansas; thence N00°08'55"'E along said extended eastline, 380.96 feet to a deflection comer in said east line; thence N18°1r31"E along the east line ofsaid Block A, 285.75 feet to the NE comer of Lot 11 in said Block A; thence N69°00'22"W alongthe north line of said Block A, 331.98 feet to the NW corner of Lot 13 in said Block A, said NWcorner also being on the southeasterly right-of-way line of Limestone St. as dedicated in saidPrairie Creek Addition; thence N30°59'38"E along said southeasterly right-of-way line, 369.48feet to the P.C. of a curve to the left in said southeasterly right-of-way line; thence northeasterlyalong said curve, having a central angle of 06°48'27" and a radius of 1033.00 feet, an arc distanceof 122.73 feet, (having a chord length of 122.66 feet bearing N27°35'25"E); thence S68°26'39"Ealong the southeasterly extension of the northeast line of Reserve "B" in said Prairie CreekAddition, 1238.61 feet to a point on the east line of the SW '4 of said Sec. 9; thence S00°0r24"Ealong the east line of said SW '4, 743.25 feet to the point of beginning, subject to road rights-of-way of record, EXCEPT that part platted as Prairie Creek Addition - Third Phase, Andover, ButlerCounty, Kansas. ("Unplatted Tract U/2-A")

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PRAIRIE CREEKPHASE 2IMPRO VEMENTS

Legal Description Water Sewer Paving

Prairie Creek Addition - Second Phase

Block A, Lots 1 through 24, inclusive $2,646.34 each $6,902.44 each $16,204.88 eachBlock B, Lots I through 17, inclusive $2,646.34 each $6,902.44 each $16,204.88 each

Legal Description 13^*^ Street Water Main Prairie Creek RoadPrairie Creek Addition - Second Phase:

Block A, Lots I through 10, inclusive $3,242.08 each $3,820.52 eachBlock A, Lots 11 through 24, inclusive $3,242.08 each $6,340.44 eachBlock B. Lots I through 13, inclusive $3,242.08 each $3,820.52 each

Block B. Lots 14 through 17, inclusive $3,242.08 each $6,340.44 each

PRAIRIE POINTE A T CORNERSTONE IMPROVEMENTS

Legal Description Water Sewer

Prairie Pointe at Cornerstone:

Block A, Lots I through 8, inclusive $2,176.47 each $6,941.18 eachBlock B, Lots I through 9, inclusive $2,176.47 each $6,941.18 each

Legal Description Paving Storm Water DrainPrairie Pointe at Cornerstone:

Block A, Lots I through 8, inclusive $15,529.41 each $13,882.35 eachBlock B, Lots I through 9, inclusive $15,529.41 each $13,882.35 each

HEORMAN/SUMMERFIELD IMPROVEMENTS

Legal Description Pavingand Drainage

Unplatted Tract A: Beginning at a point 1346.23 feet North and 770 feet $49,280.00East of the Southwest Comer of Section 8. Township 27 South, Range 3East of the P.M., Butler County, Kansas, thence North 360.09 feet alongthe East line of East Street, formerly North Street in Heorman 2nd Additionto the City of Andover, to a point on the Southerly right-of-way line of theSt. Louis and San Francisco Railroad, thence East 334.52 feet along saidrailroad right of way curving to the right to a point on the Northerly right-of-way line of the Kansas Turnpike, thence Southwest 375.90 feet alongsaid Kansas Turnpike to the point of beginning ("Unplatted Tract A")Unplatted Tract B: Beginning 60 feet South of the Northwest Corner of the $52,668.00Southwest Quarter of the Southwest Quarter of Section 8, Township 27South, Range 3 East of the 6th P.M., Butler County, Kansas, also describedas Beginning 60 feet South of the Southwest Comer of Lot 4. Block 4,Heorman Addition to Andover. Kansas in the Southwest Quarter of Section8, Township 27 South. Range 3 East of the 6th P.M.: thence proceeding tothe East, parallel to the South boundary of said Lot 4 to a point where the

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Legal Description

property line of the Kansas Turnpike Authority of the State of Kansas isintersected, thence running in a Southwesterly direction along the propertyline of said Kansas Turnpike Authority to the Section line running alongthe West side of said Southwest Quarter, (said Section line also known asEl Dorado Street) thence Northerly along said Section line to the place ofbeginning (^'Unplatted Tract B"')

Heorman Addition:

Block 1, Lot 4

Block 1, Lot 5, except the East 50 feet thereofBlock 1, the East 50 feet of Lot 5 and all of Lots 6 and 7

Block 2, Lot 1

Block 2, Lot 4Block 2, Lot 5

Block 2, Lot 6

Block 2, Lot 7Block 2, Lot 8

Heorman 2"'' Addition:Block 3, Lot 1

Block 3, Lot 2Heorman 2nd Addition:

Block 3, Lot 3

Block 3, Lot 4

Block 3, Lot 5 and the South 3.8 feet of Lot 6Block 3, East 83.3 feet of Lot 6 and the East 83.3 feet of Block 3, Lot 7,

except for the South 3.8 feet of Lot 6Block 3, the West 71.7 feet of Lot 6, except the South 3.8 feet and the

West 71.7 feet of Lot 7 and the West 21.5 feet of Lot 8

Block 3, Lot 8, except the West 21.5 feetSummerfield Second Addition:

Block A, Lot 1 & Reserve A of the Summerfield AdditionBlock A, Lot 2Block A, Lot 3

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Paving

and Drainage

$9,509.50$13,475.00$5,659.50

$8,085.00$11,858.00$14,976.50$11,627.00$11,049.50$13,706.00

$14,245.00$9,894.50

$9,702.00

$11,704.00

$20,289.50$23,408.00

$1,886.00

$10,664.50

$30,684.50$35,266.00

$15,361.50

Cornerstone EighthAdditionImpro vements

Legal Description

The Cornerstone Eighth Addition:

Block 1, Lots 1 through 3, inclusiveBlock 2, Lots I through 9, inclusiveBlock 3, Lots I through 15, inclusiveBlock 4, Lots 1 through 9, inclusive

Unplatted School Tract: A tract of land lyingwithin the West half of Section 6, Township 27South, Range 3 East, of the 6th PrincipalMeridian, Andover, Butler County, Kansas, saidtract lying within all of Government Lot 4, andportions of Government Lots 3, 5, and 6, ANDALSO, a portion of the Southeast Quarter of theNorthwest Quarter of said Section 6, said tractcollectively being more particularly described asfollows:

COMMENCING at the Southwest comer of said

Southwest Quarter, thence along the West line ofsaid Southwest Quarter, being coincident withthe west lines of Government Lots 7 and 6, on a

Kansas coordinate system of 1983 south zonebearing of N00°38'46"W, 2427.04 feet to thePOINT OF BEGINNING, thence along the Westline of said Government Lot 6, N00°38'46"W,227.51 feet to the West Quarter comer of saidSection 6 being coincident with the Southwestcomer of said Government Lot 5; thence alongthe West lines of said Govemment Lots 5 and 4,N00°36'44"W, 2657.46 feet to the Northwestcorner of said Section 6; thence along the Northline of said Govemment Lots 4 and 3,N88°39'59"E, 2443.88 feet to the North Quartercorner being coincident with the Northeastcomer of said Govemment Lot 3; thence alongthe East line of said Government Lot 3,

S01°22'3I"E, 780.32 feet; thence S89°29'06"W,364.19 feet to a point on the extended west lineof Block 7, of the Final Planned UnitDevelopment, The Comerstone Third Addition,an addition to Andover, Butler County, Kansas;thence along said extended west line of Block 7,S00°30'54"E, 472.03 feet to the southwestcomer of Lot 6, said Block 7; thence along theextended north line of said Block 7,

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Sewer

$2,162.01 each

$2,162.01 each$2,162.01 each$2,162.01 each

$48,518.78

Paving

$15,882.53 each

$15,882.53 each$15,882.53 each

$15,882.53 each$47,028.80

Legal Description Sewer Paving

S89°29'06"W, 665.58 feet; thence S00°30'54"E,417.61 feet; thence S66°33'39"W, 588.84 feet;thence S00°38'27'"E, 795.48 feet to the common

line of said Government Lots 5 and 6; thencealong said common line, S89°38'14"W, 40.49feet; thence S00°38'46"E, 227.76 feet to thenortheast comer of Lot 1, Block 1, Final Planned

Unit Development, Cornerstone SchoolAddition, an addition to Andover, ButlerCounty, Kansas; thence along the extended northline of said Lot 1. Block 1, S89°39'l 5"*W, 840.00

feet to the POINT OF BEGINNING.

Said tract CONTAINS a gross area of; 4,603,176square feet or 105.674 acres of land, more orless.

Legal Description WaterThe Cornerstone Eighth Addition;

Block 1, Lots 1 through 3, inclusive $1,567.22 eachBlock 2, Lots 1 through 9, inclusive $1,567.22 eachBlock 3, Lots 1 through 15, inclusive $1,567.22 eachBlock 4, Lots 1 through 9, inclusive $1,567.22 each

SECTION 2. The amounts so levied and assessed as set forth above shall be due and

payable from and after the date of adoption of this Ordinance; and the City Clerk shall notify eachand all of the owners of the above described properties, insofar as known to the City Clerk and attheir last known post office address, of the amounts of their respective special assessments; andsaid notice shall further state that the owners of the properties will be given a period until Noonon Monday, July 6, 2020, during which the special assessments may be paid in full at the AndoverCity Hall. 1609 E. Central, Andover, Kansas, and the lien against any property for which thespecial assessment is paid shall thereupon be discharged and satisfied. Said notice shall furtherstate that for any assessments not paid by the specified date and time, general obligation bonds ofthe City, payable in installments over a period of Twenty years, will be issued, and the principalamount of the unpaid assessments, together with interest of the unpaid principal balance thereof ata rate equal to the average annual interest rate on such general obligation bonds (such rate not toexceed the maximum rate allowed on such general obligation bonds by the laws of the State ofKansas) will be certified to the County Clerk of Butler County, Kansas for the aforesaid numberof years, and will be levied against the property liable therefor in the same form and manner as,and will be collected at such time as is customary for, the levying and collecting of ad valoremproperty taxes, and the taxes so collected will be used for the purpose of paying the principal ofand the interest on such general obligation bonds as they mature and become due. The first suchlevy shall be made in November 2020.

SECTION 3. The Mayor and City Clerk are hereby authorized and directed to take allsuch other actions not inconsistent herewith as may be appropriate or desirable to accomplish the

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purposes contemplated by this Ordinance, including but not limited to, providing any necessarynotice of the City's intent to redeem the City of Andover. Kansas, General Obligation TemporaryNotes. Series A. 2018 dated July 14. 2018 on July 31. 2020 or as soon thereafter as practicable.

SECTION 4. This Ordinance shall be in force and take effect from and after its passage,approval and publication one time in the City's official newspaper.

[Remainder ofPage Intentionally Left Blank]

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PASSED, ADOPTED, AND APPROVED by the governing body of the City of Andover,Kansas on May 26, 2020.

ORPo

Susan C. Renner, City Clerk

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CITY OF ANDOVER, KANSAS

iConme Price,-f^ayor

EXCERPT OF MINUTES

The governing body of the City of Andover, Kansas met in regular session, at the usualmeeting place in the City on May 26, 2020 at 7:00 p.m., with Mayor Ronnie Price presiding, andthe following members of the governing body present:

Homer Henry, Mike Warrington, Shelby Carselowey, Troy Tabor, Greg Schneiderand Tim Berry

and the following members of the governing body absent:

n/a

Thereupon, pursuant to duly published and mailed notice, there came on the agenda apublic hearing for the purpose of hearing and considering any and all written and/or oralcomplaints and objections to the proposed assessments contained in the Assessment Rolls on filein the Office of the City Clerk for the costs of the (i) Prairie Creek Phase 3 Improvements asauthorized by Resolution No. 17-05 on July 25, 2017 and published July 29, 2017, as amended byResolution No. 17-12 adopted November 14, 2017 and published November 25, 2017, (ii) PrairieCreek Phase 2 Improvements as authorized by Resolution No. 17-07 on September 12, 2017 andpublished September 23, 2017, as amended by Resolution No. 18-09 adopted April 24, 2018 andpublished May 5, 2018, (iii) Prairie Pointe at Cornerstone Improvements as authorized byResolution No. 17-10 on September 26, 2017 and published October 7, 2017, (iv)Heorman/Summerfield Improvements as authorized by Resolution No. 18-04 on February 13,2018 and published February 24, 2018, and (v) Cornerstone Eighth Addition Improvements asauthorized by Resolution No. 18-08 on April 10, 2018 and published April 21, 2018, as amendedby Resolution No. 19-15 adopted June 11, 2019 and published June 22, 2019.

It was determined by the governing body that Notice of the Hearing was duly publishedone time in the official newspaper of the City as required by law, and that Notice of Hearing andStatement of Cost Proposed to be Assessed was mailed to each and all of the owners of theproperties liable for the proposed assessments, such publication and mailings having beenaccomplished on May 9, 2020, as required and provided by K.S.A. 12-6a09.

Thereupon, the Mayor announced that any and all written or oral complaints and objectionsfrom property owners to the several assessments as set forth in the Assessment Rolls would nowbe heard and considered by the governing body.

After full discussion and consideration and the hearing of any and all complaints orobjections to the several assessments contained in the Assessment Rolls, it was determined that allof the individual assessments, shall be levied in the manner provided by law, and that the specialassessments shall be certified to the Butler County Clerk for a period of Twenty years,commencing November 2020.

In accordance with such determination, there came on for consideration the followingOrdinance:

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AN ORDINANCE OF THE CITY OF ANDOVER, KANSAS, LEVYING

SPECIAL ASSESSMENT TAXES ON CERTAIN REAL PROPERTIES IN THE

CITY, FOR THE PURPOSE OF PAYING A PORTION OF THE COSTS OFCERTAIN INTERNAL IMPROVEMENTS BENEFITING SUCH REAL

PROPERTIES; PROVIDING FOR THE GIVING OF NOTICE OF SAIDSPECIAL ASSESSMENT TAXES BY PUBLICATION AND MAILING; ANDPROVIDING FOR THE COLLECTION OF SAID SPECIAL ASSESSMENT

TAXES (PRAIRIE CREEK PHASE 3 IMPROVEMENTS, PRAIRIE CREEKPHASE 2 IMPROVEMENTS, PRAIRIE POINTE AT CORNERSTONEIMPROVEMENTS, HEORMAN/SUMMERFIELD IMPROVEMENTS, ANDCORNERSTONE EIGHTH ADDITION IMPROVEMENTS).

After discussion, upon the motion of Council Member Schneider, seconded by CouncilMember Carselowey, each section of the Ordinance was adopted by a majority vote of themembers elect.

Thereupon, the Ordinance, having been adopted by a majority vote of the members of thegoverning body, it was given No. 1762, and was directed to be signed by the Mayor and attestedby the City Clerk. The City Clerk was directed to cause the publication of the Ordinance one timein the City's official newspaper as set forth therein and required by law; and was further directedto cause to be mailed on the same day as said publication, a Notice of Assessment to each and allof the property owners liable for the assessments contained therein, all in the form and mannerrequired by law and as provided in the Ordinance.

* * * *

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CITY CLERK'S

CERTIFICATION OF EXCERPT OF MINUTES

I hereby certify that the foregoing is a true and correct Excerpt of Minutes of the May 26,

2020 meeting of the governing body of the City of Andover, Kansas.

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Susan C. Renner, City Clerk