City of Arkansas City Board of City Commissioners...City of Arkansas City Board of City...

City of Arkansas City Board of City Commissioners

Agenda

Regular Meeting Tuesday, June 6, 2017 @ 5:30 PM

Commission Room, City Hall — 118 W. Central Ave. — Arkansas City, KS

I. Routine Business

1. Roll Call 2. Opening Prayer and Pledge of Allegiance 3. Additions or Deletions to the Agenda (Voice Vote) 4. Approval of the Agenda (Voice Vote)

II. Awards and Proclamations

1. Proclaim June 17, 2017, as Lions Clubs International Centennial Celebration Day in Arkansas City. III. Recognition of Visitors

1. Hospital Update IV. Comments from the Audience for Items Not on the Agenda

Each speaker will state his or her name and address before making any comments. Each speaker will have three (3) minutes to present his or her comments. Comments or questions will be directed only to the City Commission. Debate or argument between parties in the audience will not be allowed. Repeated reiterations by speakers will not be allowed. Violations of comment procedure will result in being directed to cease speaking or resume sitting.

V. Consent Agenda (Voice Vote)

1. Approve the May 16, 2017, regular meeting minutes as written. 2. Ratify Mayor Duane Oestmann’s appointments to the Outstanding Young Student Award Committee.

VI. Old Business

1. Consider ratifying Mayor Duane Oestmann’s appointments to the Arkansas City Recreation Commission. (Voice Vote)

VII. New Business

1. Consider for approval personnel policy updates. (Voice Vote) 2. Consider a Resolution scheduling a public hearing at 5:30 p.m. July 18, 2017, in the Commission

Chamber at City Hall to determine if structures located at 108 E. Jackson Avenue and 1011 S. C Street are unsafe and dangerous. (Voice Vote)

3. Consider a Resolution authorizing the purchase of a 2018 Freightliner chassis with a Toyne 3,000-gallon tanker from Weis Fire and Safety in Salina, Kansas, for an amount not to exceed $226,185.00. (Voice Vote)

4. Consider a Resolution approving Amendment No. 3 to the contract agreement between the City and Burns & McDonnell Engineering Company, Inc. for modifications to the original scope of professional engineering services for the new Water Treatment Plant. (Voice Vote)

5. Consider a Resolution authorizing Addendum No. 2 to the contract agreement between the City and Smith & Oakes, Inc. for engineering design and inspection services for the Water Treatment Facility waste line to the Wastewater Treatment Plant project. (Voice Vote)

6. Consider a Resolution authorizing the City of Arkansas City to negotiate a contract agreement with Nowak Construction for the Valley Road Waterline Improvements (Madison Ave. to Crestwood Dr.) for an amount not to exceed $216,473.00. (Voice Vote)

7. Consider first reading of an Ordinance authorizing the City of Arkansas City, Kansas, in conjunction with other participating governmental entities, to enter into a new Interlocal Agreement for the provision of Countywide Economic Development Services. (Roll Call Vote)

8. Consider first reading of an Ordinance modifying Municipal Code Part II, Chapter 14, concerning buildings and building regulations, licensing of tree trimmers, landlords working on residential properties, and the composition of and appeals process for the Building Trades Advisory Board. (Roll Call Vote)

VIII. City Manager Updates

1. Wilson Park Tennis Courts IX. Other Business

1. Board Reports X. Adjournment

Office of the Mayor

Arkansas City, Kansas

Proclamation

Arkansas City Lions Club, Early Bird Lions Club and Lionesses

Inter-City Picnic and Lion Statue Dedication

5 p.m. Saturday, June 17, 2017

WHEREAS, the Arkansas City Lions Club, Early Bird Lions Club and Lionesses are members of Lions Clubs International, the world’s largest service club organization with 1.4 million members in 46,000 clubs in more than 200 countries and geographical areas; and WHEREAS, Lions Clubs International was founded in 1917 and is celebrating 100 years of humanitarian service; and WHEREAS, the Arkansas City Lions Club, established in November 1920; the Early Bird Lions Club, established in November 1981; and the Lionesses, established in March 1984, comprise volunteers who dedicate their time to the betterment of our communities and aiding those in need; and WHEREAS, these three Lions Clubs are participating in the Inter-City Picnic and Lion Statue Dedication at 5 p.m. Saturday, June 17, 2017 at Paris Park as part of the Lions Clubs International centennial celebration. NOW THEREFORE, I, Duane L. Oestmann, Mayor of the City of Arkansas City, Kansas, in recognition of this important event sponsored by the Arkansas City Lions Club, Early Bird Lions Club and Lionesses, do hereby proclaim Saturday, June 17, 2017 as

Lions Clubs International Centennial Celebration Day In Arkansas City, Kansas.

In witness whereof I have hereunto set my hand and caused this seal to be affixed.

__________________________________ Name/Title: Duane L. Oestmann, Mayor

Date: June 6, 2017

Item for City Commission Action Section V Item 1

Meeting Date 6/6/2017

Department/Division City Manager

Staff Contacts Lesley Shook / Andrew Lawson

Title: Consent Agenda Item: Approve the May 16, 2017, regular meeting minutes as written. Description: Please see attached document. Commission Options: 1. Approve with the consent agenda. 2. Remove item from the consent agenda for further consideration. Fiscal Impact: Amount: N/A Fund: Department: Expense Code:

Included in budget Grant Bonds Other (explain) Approved for Agenda by:

City Manager

City Commission of Arkansas City Meeting Minutes

May 16, 2017 Page 1

The Arkansas City Board of City Commissioners met in regular session at 5:30 p.m. May 16, 2017, in the Commission Room at City Hall, 118 W. Central Ave., in Arkansas City. Mayor Duane L. Oestmann called the meeting to order. Those also present at roll call were Commissioner Dan Jurkovich, Commissioner Jay Warren and Commissioner Karen Welch. Commissioner Charles Tweedy was absent. City employees present at the meeting were City Manager Nick Hernandez, City Attorney Tamara Niles, City Clerk Lesley Shook, Public Information Officer Andrew Lawson, Public Works Director Eric Broce, Fire Chief Bobby Wolfe, EMS Director Jeri Smith, Firefighter-Paramedic Cassandra Branscum, Firefighter-Paramedic Lucas Martin and Police Chief Dan Ward. Citizens in attendance included Michelle Dykes, Ken Harader, Ark City Daily Bytes reporter Jeni McGee and Cowley CourierTraveler reporter Cody Griesel. Commissioner Warren offered the opening prayer. Mayor Oestmann led the pledge of allegiance. Agenda Approval City Manager Hernandez asked for an additional action item to be added under New Business, concerning two bids for the demolition of dangerous structures at 203 E. Madison Ave. and 1419 S. Summit St. Commissioner Welch made a motion to approve the agenda as amended. Commissioner Warren seconded the motion. A voice vote was unanimous in favor. Mayor Oestmann declared the amended agenda approved. Awards and Proclamations Mayor Oestmann issued a proclamation that May 21-27, 2017 is National Emergency Medical Services Week in Arkansas City. Chief Wolfe, EMS Director Smith, and Firefighter-Paramedics Branscum and Martin received it. Consent Agenda Mayor Oestmann made a motion to approve the consent agenda as presented, including the following:

1. Approving the May 2, 2017, regular meeting minutes as written. Commissioner Welch seconded the motion. A voice vote was unanimous in favor of the motion. Mayor Oestmann declared the consent agenda approved. Old Business

Board Appointments City Clerk Shook presented for discussion Mayor Oestmann’s appointments and reappointments to various City advisory boards and commissions.


May 16, 2017 Page 2

Commissioner Warren asked Michelle Dykes if she would like to speak about her application for appointment to the Arkansas City Recreation Commission. Dykes said she became passionate about fitness and health after losing a lot of weight from her teenage years. She said she wanted to encourage kids who don’t enjoy organized sports to want to go outside and stay fit. Mayor Oestmann indicated he wished to delay any decision on the Recreation Commission appointments until the June 6 commission meeting so Commissioner Tweedy could weigh in. Mayor Oestmann said he wanted to recommend the reappointment of Carl Bowman to the Building Trades Advisory Board, but Commissioner Warren said he still wants to look at realigning the membership of the board. Commissioner Warren suggested adding two additional laymen to the board, increasing its membership to 11. City Attorney Niles said Municipal Code would have to be changed to allow more than nine people on any board. Commissioner Jurkovich observed that the Building Trades Advisory Board had unanimously recommended not making any changes to its membership during its meeting in April. Public Information Officer Lawson is drafting an ordinance to address other building regulations issues, but said he would propose a change and indicated Bowman would continue to fill his spot until reappointed or replaced. Commissioner Jurkovich made a motion to ratify Oestmann’s appointment of Ethan Bartlett to the Equal Opportunity and Accessibility Advisory Board. Commissioner Warren seconded the motion. A voice vote was unanimous in favor of the motion. Mayor Oestmann declared the appointment approved. Mayor Oestmann made a motion to appoint Jill Wineinger to the Planning Commission and Board of Zoning Appeals. Commissioner Warren seconded the motion. Commissioner Jurkovich said he preferred Chris Tackett. A voice vote resulted in two aye votes and two nay votes, with Commissioners Jurkovich and Warren dissenting. Commissioner Jurkovich made a motion to ratify Oestmann’s appointment of Chris Tackett to the Planning Commission and Board of Zoning Appeals. Commissioner Warren seconded the motion. A voice vote was unanimous in favor of the motion. Mayor Oestmann declared the appointment approved. Mayor Oestmann indicated he wished to delay indefinitely any decision on the Planning Commission appointment for one of the seats in the 3-mile growth area so more interest could be generated for that position. City Manager Hernandez said the City has a lot of investment to the north and west of the City limits, and he wants the residents in those areas outside of the City to have a voice in any planning decisions that are made. Commissioner Jurkovich made a motion to ratify Oestmann’s reappointment of Shandon Weston to the Public Building Commission. Mayor Oestmann seconded the motion. A voice vote was unanimous in favor of the motion. Mayor Oestmann declared the reappointment approved.


May 16, 2017 Page 3

New Business 2014 Ford Taurus Purchase

Resolution No. 2017-05-3105 City Clerk Shook presented for discussion a resolution approving the purchase of a 2014 Ford Taurus from Reedy Ford, for an amount not to exceed $14,493.08. The vehicle will be used administratively by the Police Department. Police Chief Ward said it would replace a vehicle that was totaled in a recent traffic accident. Chief Ward said the totaled vehicle itself had replaced another vehicle that had been totaled. Neither accident was the fault of the employee driving, nor was any significant injury reported as a result of either accident. In this case, the other party’s insurance paid out $14,700, which will cover the entire cost of the new vehicle. Ward said the cost of adding lights or other specialized equipment would be handled in house, at no extra cost. Mayor Oestmann made a motion to approve the resolution. Commissioner Warren seconded the motion. A voice vote was unanimous in favor of the motion. Mayor Oestmann declared the resolution approved and given Resolution No. 2017-05-3105.

Dangerous Structure Demolitions City Clerk Shook presented for discussion bids for demolition of structures located at 1419 S. Summit St. and 203 E. Madison Ave. The low bids were $4,800 and $11,500, respectively, from D&T’s Hauling and Excavation, of Winfield. City Manager Hernandez said the two properties were declared dangerous and unfit structures by the commission, and the deadline to make substantial improvements has passed, triggering the demolition route. Hernandez said bids were sought from five companies and three of them bid on the two demolition projects. Commissioner Warren asked if the work could be handled by City crews. Hernandez said the price on the burned-out house on Summit Street would be comparable, but he didn’t think the City would be competitive on the Madison Avenue structure because of additional complexity involved in demolishing the two-story structure. Mayor Oestmann asked why D&T’s bids were so low. Hernandez said he didn’t know, but he was thankful for it. Mayor Oestmann made a motion to approve D&T’s bid to demolish 1419 S. Summit St. Commissioner Welch seconded the motion. A voice vote was unanimous in favor. Mayor Oestmann declared the motion approved. Commissioner Warren made a motion to approve D&T’s bid to demolish 203 E. Madison. Commissioner Welch seconded the motion. A voice vote was unanimous in favor. Mayor Oestmann declared the motion approved. City Manager Updates City Manager Hernandez said he has talked recently with Brett Von Martin and some volunteers regarding Martin’s house at 617 S. Fourth St. He said Martin is trying to improve the property, but is moving very slowly.


May 16, 2017 Page 4

Hernandez recommended allowing Martin more time beyond the original 120 days. Commissioner Jurkovich asked if the roof was closed in yet and Mayor Oestmann said it was not. He said he checks it about once a week. Hernandez said the roof will be partly shingled and part metal sheeting. While this is unconventional, Hernandez said it technically meets the code requirements. A volunteer has offered to provide assistance with the process. Commissioner Welch asked if Martin was doing the minimum necessary to stave off demolition. Hernandez said he is at least working on the property and he did not want to demolish the structure unless Martin quits working. Commissioner Welch asked if the City can log the work done each month. The permit lasts another 3-4 months. Hernandez invited Mayor Oestmann to join him June 9 on an Amtrak passenger rail inspection trip from Oklahoma City to Newton and Kansas City that will pass through Arkansas City that morning. He also provided an update on the Wilson Park train. Kalin Taylor, of L.G. Pike Construction, has been working nearly every day on metal fabrication and repair, Hernandez said. The cab nearly had separated from the engine. Hernandez said the entire floor has been rebuilt and now the walls are being addressed. Both the bell and front light are done, and the marker lights are built. Some, but not all, of the brass has been polished already. He said the water fountain near the train had been broken recently, and a bronze plaque had been broken off recently and thrown in the flowerbeds. Hernandez reiterated the need for more cameras, with an online feed. Other Business Commissioner Jurkovich said he will be out of town on May 25 and asked Mayor Oestmann if he could fill in at the South Central Kansas Medical Center Board of Trustees meeting that morning. Hernandez also will be there. Commissioner Warren asked if anyone could fill in for him at a Strother Field Commission meeting. No one could. Adjournment Commissioner Warren moved to adjourn the meeting. Mayor Oestmann seconded the motion. A voice vote was unanimous in favor of the motion. Mayor Oestmann declared the meeting adjourned at 6:13 p.m. THE ARKANSAS CITY BOARD OF CITY COMMISSIONERS _________________________ Duane L. Oestmann, Mayor


May 16, 2017 Page 5

ATTEST: ____________________________ Lesley Shook, City Clerk Prepared by: ____________________________ Andrew Lawson, Public Information Officer

Item for City Commission Action Section V Item 2




Title: Consent Agenda Item: Ratify Mayor Duane Oestmann’s appointments to the Outstanding Young Student Award Committee. Description: Three applications have been received for the Outstanding Young Student Award Committee since the last City Commission meeting. They are from Pam Crain, Bonnie Niles and Carol House. Mayor Oestmann has indicated a preference to appoint applicants in the order they apply, so he has put forth Crain and Niles for the City Commission’s consideration. The next vacancy would be filled by House. Commission Options: 1. Approve with the consent agenda. 2. Remove item from the consent agenda for further consideration. Fiscal Impact: Amount: N/A Fund: Department: Expense Code:


City Manager

City Boards/Commissions/Councils/Committees Volunteer Form

Name: wxJte. <A~ , ////.,sr^

Phone:Alternative Phone:

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Email: £?/)//€£ &Spptt/Mt7A(^fty^L/'eQr<Lo»*- Years Lived in Arkansas City: ^Tn^/Â^yCommunity and Professional Activities/Associations/Honors/Organizations:

Previous Civic Experience (please list any appointed or elected positions you have held in the past):

¥^S AD &ZJT L <£&<>If

Appointment(s) you are applying for [please indicate your choice(s) —when a vacancy occurs, youwill be contacted]:

• ACPL (Public Library) Board ofTrustees •Beautification and Tree Advisory Board [2Building Trades Advisory Board*City Commission {only ifvacancy occurs) [""]Convention and Tourism Committee

Equal Opportunity & Accessibility BoardHistoric Preservation Board I I

Northwest Community Center Board

Outstanding Young Student Committee

Planning Commission / Board of ZoningPublic Building Commission

Recreation Commission

Retired Citizens Advisory CouncilSCKMC (Hospital) Board of Trustees

*Profes§ional certifications required - call (620) 441-4415 or(620) 441-4420formore information

Please indicate why you are interested inserving and what skills you might contribute: ^CCcJAyS

CLOWt*# Vicjijhy -fii/L, ~tfltz\H. J^&c^c^J^hL^jj &Q£> rtoperpoLcy 77)

Signature: ~7

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Date:

~Applicants must be appointed by the Mayorwith the consent of the City Commission-

Mail/Deliver to:Lesley Shook, CityClerk OR AndrewLawson, Public Information Officer

City of Arkansas City118 W. Central Ave.

Arkansas City, KS 67005Oryoucanemail to: [email protected] or [email protected]

Be

Board Vacancies as of June 2, 2017

Board/Commission/Committee/Council Board Recommendations Applications Received /

Interest Expressed

Arkansas City Recreation Commission ― 2

Vacancies

Mike Dobson, Ron Smith Michelle Dykes, Zach

Graber, Kim Hocker,

Justin Sparks

Building Trades Advisory Board ― 1 Vacancy Carl Bowman

Cowley County Council on Aging ― 1 Vacancy Accepting applications

Equal Opportunity and Accessibility Advisory

Board

Joaquin Retana, Daniel

Yocum

Northwest Community Center Advisory Board

― 1 Vacancy

Accepting applications

Outstanding Young Student Award Committee

― 2 Vacancies

Pam Crain*, Bonnie Niles* Carol House

Planning Commission ― 1 Vacancy Accepting applications

Public Building Commission ― 1 Vacancy Accepting applications

* Mayor’s Recommendation

Potential Upcoming Reappointments

Board/Commission/Committee/Council Member(s) / Term Expiration Date Notes

Building Trades Advisory Board

Carl Bowman / May 1, 2017 Master Plumber

Brian Mayfield / May 1, 2017 Master Electrician

Ken Miller / May 1, 2017 Master Mechanical

Leonard Mumford / May 1, 2017 General Contractor

Planning Commission Brian Wells / May 1, 2017

Member from 3-mile

growth area outside

city limits

Arkansas City Recreation Commission Mike Dobson, Ron Smith / June 1,

2017

Only 2 City repre-

sentatives on ACRC

Historic Preservation Board Kevin Cox / September 1, 2017 Serves as chair

J.W. Lozano / September 1, 2017 Serves as vice chair

Applications Received / No Current Vacancies

Name Interest in serving on:

Michael Bergagnini South Central Kansas Medical Center Board of Trustees

Michelle Dykes Arkansas City Recreation Commission

Dale Eggen Planning Commission / Board of Zoning Appeals

Zach Graber Arkansas City Recreation Commission

Dr. Mauricio Herrera South Central Kansas Medical Center Board of Trustees

Ted Kadau Building Trades Advisory Board

Planning Commission / Board of Zoning Appeals

Derek Koller South Central Kansas Medical Center Board of Trustees

Mell Kuhn Planning Commission / Board of Zoning Appeals

South Central Kansas Medical Center Board of Trustees

Sue Lancaster Planning Commission / Board of Zoning Appeals

Dr. John Seitz South Central Kansas Medical Center Board of Trustees

Justin Sparks Arkansas City Recreation Commission

Michael Taylor Building Trades Advisory Board

Jill Wineinger Planning Commission / Board of Zoning Appeals

Item for City Commission Action Section VI Item 1



Staff Contacts Andrew Lawson / Lesley Shook

Title: Consider ratifying Mayor Duane Oestmann’s appointments to the Arkansas City Recreation Commission. (Voice Vote) Description: The Arkansas City Recreation Commission has recommended that Mike Dobson and Ron Smith be reappointed to the Commission. However, Smith is a resident of Parkerfield and staff thinks it would be more appropriate for him to serve as a representative of USD 470, not the City. One suggestion is appoint Kim Hocker, the current at-large representative, in Smith’s place, and then the four appointed members of the Rec Commission could in turn appoint Smith to replace Hocker. Applications of interest in the two City-appointed positions on the Rec Commission also have been received from Michelle Dykes, Zach Graber and Justin Sparks. Dykes addressed commissioners May 16.

Commission Options: 1. Ratify Mayor Oestmann’s appointments to the Arkansas City Recreation Commission. 2. Table the appointments the Arkansas City Recreation Commission for further discussion. 3. Disapprove Mayor Oestmann’s appointments to the Arkansas City Recreation Commission. Fiscal Impact: Amount: N/A Fund: Department: Expense Code:


City Manager

1

Andrew Lawson

From: Nick Hernandez <[email protected]>Sent: Friday, April 21, 2017 11:52 AMTo: [email protected]: Andrew LawsonSubject: RE: Appointments by City

Follow Up Flag: Follow upFlag Status: Flagged

I will forward your recommendation to the Mayor. Thank you‐ Nick

From: [email protected] [mailto:[email protected]] Sent: Friday, April 21, 2017 11:40 AM To: Nick Hernandez Subject: Appointments by City Nick, Our records indicate that City appointed ACRC Board Members, Mike Dobson and Ron Smith are up for reappointment as of June 1, 2017. Both have expressed a willingness to stay on the board as an appointed Board Member. It would be beneficial to the Rec Commission, City of Arkansas City and the community to reappoint both Mike and Ron. Both bring a tremendous amount of knowledge, experience and good ideas to the Rec Commission. Both Ron and Mike are respected leaders in the community. The Rec Staff and Board would look forward to working with them in the future. Thanks for consideration, Joe Krisik Director Arkansas City Recreation Commission 225 East 5th Ave. Arkansas City KS 67005 620‐441‐4301 620‐442‐1540 (fax) 620‐441‐2764 (cell) [email protected]

City Boards /Commissions/Councils /Committees Volunteer Form

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Appointment(s) you are applying for [please indicate your choice(s) —when a vacancy occurs, youwill be contacted]:

I | ACPL (Public Library) Board ofTrustees Q]I | Beaurification and Tree Advisory Board \Z\I | Building Trades Advisory Board* Q

City Commission (only ifvacancy occurs) QConvention and Tourism Committee [yl

Equal Opportunity &Accessibility Board OI | Historic Preservation Board I I^Professional certifications required —call (620)441-4415 or (620) 441-4420for moreinformation

Please indicate why you are interested inserving and what skills you might contribute: I iY\JJfLlr€JfaxA is cm ^^rnyihpo^tlliVi with |V) -tinLutu of Ark-afy. -\y\at

Northwest Community Center Board

Outstanding Young Student CommitteePlanning Commission / Board of ZoningPublic Building Commission



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~Applic^njs must be appointed by the Mayor with the consent of the City Commission'

Mail/Deliver to:Lesley Shook, CityClerk OR Andrew Lawson, Public Information Officer


Arkansas City, KS 67005Oryou canemail to: [email protected] or [email protected]

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City Boards/Commissions/Councils/Committees Volunteer Form

Name: -**»ti«j SpARU^Phone:

Alternative Phone:

Email:

Home Address: 7gH> ^j^^j^/^CthjEmployment: /Wk**'" 0U*k<* An*ojJob Title:

Years Lived in Arkansas City: 2^

Community and Professional Activities/Associations/Honors/Organizations:


Appointment(s) you are applyingfor [please indicate your choice(s) —when a vacancy occurs, youwill be contacted]:

ACPL (Public Library) Board of Trustees| | Beautification and Tree Advisory Board3 Building Trades Advisory Board*

City Commission (only ifvacancy occurs) QConvention and Tourism Committee [/fEqual Opportunity &Accessibility Board O

~^\ Historic Preservation Board Q*Professional certifications required - call (620) 441-4415 or(620) 441-4420formore information

Please indicate why youareinterested in serving andwhatskills youmight contribute:

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Signature:

•••

m^UBlV

Northwest Community Center BoardOutstanding Young Student CommitteePlanning Commission / Board of ZoningPublic Building Commission



Date: ^-t-17

-Applicants mustbe appointed by the Mayor with the consent of the City Commission-

Mail/Deliver to:Lesley Shook, City Clerk OR Andrew Lawson, Public Information Officer


Arkansas City, KS 67005Or you can email to: [email protected] [email protected]

Item for City Commission Action Section VII Item 1

Meeting Date June 6, 2017

Department/Division Human Resource Division

Staff Contact Marla McFarland

Title: Consider for approval personnel policy updates. (Voice Vote) Description: Review and adopt changes and updates to personnel policies, procedures, rules, and regulations:

3.1 Recruitment, Selection and Hiring

3.2 Promotion, Transfer, Demotion and Reclassification

11.1 Employee Records

Commission Options: 1. Approve the policy updates. 2. Table the policy updates until a future meeting. 3. Disapprove the policy updates. Fiscal Impact: Amount: N/A Fund: Department: Expense Code:

Included in budget Grant Bonds Other (explain)

Approved for Agenda by:

City Manager

3.1

ARKANSAS CITY HUMAN RESOURCE

DIVISION

SUBJECT: Recruitment, Selection and Hiring NUMBER: 3.1

EFFECTIVE DATE: 7/1/17 REVIEW: Biennially

AMENDS/SUPERSEDES:

Posting and Advertisement of Job Openings, External

Application Process, Internal Application Process,

Minimum Employment Age, Kansas Law Enforcement

Training Center Requirements, Disqualification,

Application Process Misrepresentations, Hiring

Authority, Anti-Nepotism, December 2008

APPROVED:

________________________

City Manager

RECRUITMENT, SELECTION AND HIRING

Hiring Authority

The ultimate authority for hiring lies with the City Manager. The City Manager may delegate

authority and responsibility as he or she deems appropriate.

Increase in Total Personnel

An increase in total personnel must be approved by the City Manager and City Commission.

Please note this will not preclude the hiring of personnel for short-term work assignments when

necessary, so long as the associated costs are appropriate within the City budget document and

approved by the City Manager.

Posting and Advertisement of Job Openings

The Human Resource Division will be responsible for overseeing and executing all position

posting activities. Job postings and/or advertisements may be posted internally and/or externally.

At the discretion of the City Manager, some open positions may not be posted for internal and/or

external application and some positions only may be posted for internal application.

Recently Posted Positions

At the discretion of the Human Resource Manager and City Manager, when a position is open

and a similar position was posted recently (generally within six [6] months), the position may be

filled with a previously submitted application and not posted again and new applications need

not be accepted.

External Application Process

The City of Arkansas City does not accept applications and/or resumes except for positions that

the City currently has open. All external applicants are required to complete an Application for

3.1

Employment and, in addition, may be asked to submit a resume by the application close date.

Applicants must submit an application for each position in which they are interested in applying.

All applications and/or resumes must designate the open position being applied for or they will

be discarded.

Internal Application Process

The City of Arkansas City encourages employees to apply for higher-level positions or lateral

transfers for which they qualify. The City has a job posting program that offers employees the

opportunity to apply for certain positions within the City.

Employees must have good performance, attendance and punctuality records. Employees who

can meet the requirements of the posted position are encouraged to apply. Internal candidates

should complete an Internal Application form and, in addition, may be asked to submit a resume.

Forms can be obtained from the Human Resource Division. Internal Applications must be

turned in to the Human Resource Division by 5:00 P.M. on the application close date.

Each employee requesting a transfer will be considered for the new position along with all other

applicants. Each transfer is judged on an individual basis, depending on the needs of both

departments/divisions involved. All final decisions regarding transfers will be made by

management, in conjunction with the Human Resource Division.

Interim Placement and Compensation

When there is a need to place a current employee in a higher position due to an opening, absence

or the inability of the employee currently in the position to perform the essential functions of the

position, an employee may be placed in a position on a temporary interim basis. This temporary

change in position must be requested by the Department/Division Head and approved by the City

Manager. The employee placed temporarily in the position must meet the minimum

requirements for the elevated position.

Such a temporary reassignment normally shall be for no less than four (4) consecutive weeks and

no more than twelve (12) consecutive months. If warranted, the employee shall receive the entry

rate of the new range or an increase of three (3) percent of his or her current pay whichever is

greater. The change in compensation will be effective on the first day of the Payroll Period

following the temporary placement into the position. Compensation will not be retroactive.

The employee will receive a memorandum from the appropriate Department/Division Head

reflecting the terms of the appointment. This memorandum must include the new level of

compensation and its effective date, the approximate duration of the appointment, confirmation

of responsibilities during this period, compensation reversion, and other relevant factors.

Any merit increases during the employee’s interim placement will be calculated utilizing the

original level of compensation in the position immediately preceding the interim placement.

Merit increases may not place the employee over maximum for the original position; however,

Interim Placement Compensation may do so.

3.1

At the end of the temporary interim reassignment, the affected employee’s compensation will be

reduced to its original level, including any merit increases, but excluding the Interim Placement

Compensation. Should the employee be placed in the position in a regular, not Interim

Placement, capacity the employee shall not be compensated at a rate greater than one cent below

Mid on the applicable Pay Ordinance for that particular position. If the employee is currently

earning greater than mid-range (either regular or Interim Placement Compensation) the employee

will not receive a pay increase for the promotion and will instead go into the position at the

Interim Placement Compensation.

Eligibility for Employment

In determining eligibility for hire or for promotion, the following factors will be considered:

Overall ability to perform satisfactorily the essential functions of the job

Education

Experience

Attendance record

Special aptitudes

Specialized training

Demonstrated abilities

Job knowledge

Job skills

Attitude

Other qualifications that are necessary for performance of the duties of the position

Written examinations, interviews and other appropriate assessment methods also may be used as

screening tools.

Use of Temporary Employment Agencies

At times the City may utilize labor from temporary employment agencies. The employees from

these agencies may help the City with staffing needs. It is important to note these employees are

employees of the temporary agency and not employees of the City of Arkansas City.

Firefighter Reserve Program

The Firefighter Reserve program is established as a pool of competent, well-trained personnel to

supplement Fire/Emergency Medical Services Department personnel levels at times of extreme

emergency. All Firefighter Reserve applicants must submit a completed Application for

Employment and must meet the applicable requirements for employment.

A Firefighter Reserve applicant must meet the following criteria:

Possesses a high school diploma or acceptable equivalent.

Possesses a valid Kansas Driver’s License with an acceptable driving record as

determined by the City.

Passes written exam and physical agility tests.

Is at least eighteen (18) years of age.

3.1

Upon meeting eligibility requirements, satisfactory completion of oral interviews and

background checks, and any physical testing, candidates will enter the Arkansas City

Fire/Emergency Medical Services Department Academy, which is a 12-16 week, intense

firefighter training program. Applications for Firefighter Reserve volunteer positions will be

accepted on a continual basis.

Police and Fire/Emergency Medical Services Department (EMS) Hiring Eligibility List

The Arkansas City Police Department and the Arkansas City Fire/EMS Department may

maintain a Hiring Eligibility List. The Hiring Eligibility List is based on a number of criteria,

including but not limited to the following:

Formal application

Education and experience

Oral interview(s)

Reference checks

Job-related pre-employment tests (no medical testing)

Background checks (Police Department only)

Successful applicants will be placed on the Hiring Eligibility List, to be kept on file for a period

of one (1) year starting with the initial test date. The Hiring Eligibility List does not constitute an

employment agreement between the applicant and the City, and is subject to change by the City

as the needs of the employer and requirements of the job change.

The City reserves the right to open the position(s) for application if there is a need to look at a

larger pool of applicants.

Kansas Law Enforcement Training Center Requirements

Applicants for commissioned positions in the Police Department must meet the certain criteria

due to Kansas Law Enforcement Training Center (KLETC) requirements.

Prior to admission to a course conducted at the Kansas Law Enforcement Training Center or at a

certified state or local law enforcement agency, the applicant shall furnish a statement certifying

his or her fulfillment of the following requirements. The applicant:

1. Is a United States citizen;

2. Has been fingerprinted, and a search of local, state and national fingerprint files has been

made to determine whether the applicant has a criminal record;

3. Has not been convicted, does not have an expunged conviction, and on and after July 1,

1995, has not been placed on diversion by any state or the federal government for a crime

which is a felony, or its equivalent under the Uniform Code of Military Justice;

4. Has not been convicted, does not have an expunged conviction, has not been placed on

diversion by any state or the federal government for a misdemeanor crime of domestic

violence or its equivalent under the Uniform Code of Military Justice, when such

misdemeanor crime of domestic violence was committed on or after the effective date of

Kansas Statutes Annotated 74-5605;

5. Is the holder of a high school diploma or furnishes evidence of successful completion of

an examination indicating an equivalent achievement;

3.1

6. Is of good moral character;

7. Has completed a psychological test approved by the Law Enforcement Training

Commission;

8. Is free of any physical or mental condition which might adversely affect the applicant’s

performance of a police officer’s or law enforcement officer’s duties; and

9. Is at least twenty-one (21) years of age.

Interns

From time to time, the City will offer internships to local students on a periodic basis to assist

with various projects as the need arises. No intern shall be employed for longer than six (6)

months in any twelve (12)-month period. All interns must be at least sixteen (16) years of age

and may not be used to displace a regular employee or occupy a vacant open position.

The employee status of Interns will depend on the type of internship offered. At times, interns

will not qualify as employees and will not be paid. However, all interns must abide by all City

rules and regulations. Interns will not necessarily be guaranteed a job upon completion of their

internships and/or their education and must apply for an open position to be considered for

employment.

Minimum Employment Age

All administrative support positions within the City shall be filled by employees who are at least

sixteen (16) years of age. In the case of employment of anyone younger than eighteen (18) years

of age the City will follow all applicable child labor laws. Police officer positions shall be filled

with employees who are at least twenty-one (21) years of age. All other positions within the City

shall be filled with employees who are at least eighteen (18) years of age.

Disqualification

Applications for Employment MAY be rejected for factors including but not limited to the

following:

Qualifications do not meet the minimum requirements for the position to be

filled.

Application is not fully completed,

Job-relevant conviction (relevance to the type of job, length of time since the

conviction and type of conviction will be considered).

Applicant previously has been terminated not in good standing from a

department/division of the City.

Qualifications or work history were misrepresented on resume, application,

during the interview or at any point in the application/selection/hiring process.

Past employment record indicates a poor employment risk.

Unfavorable interview or reference check.

Use or attempted use of political favor, bribery, or other unethical means to obtain an

advantage in the selection process.

3.1

Inadequate training, education, work experience or skill level to perform the job.

Inability to carry out the duties and responsibilities of the position successfully.

Failure to submit an application correctly or within the prescribed time limit.

Application Process Misrepresentations

If an applicant willfully makes false statements or representations during any part of the

application process, the applicant may be disqualified from the hiring process. If it is discovered,

after an applicant is extended a job offer or is hired, that he or she willfully made false

statements or representations during the hiring process, the City may terminate the offer or

employment at any time.

Contingent Job Offers

All job offers are contingent upon the results of any applicable reference checks, testing,

background checks, drug and alcohol screens, medical tests, and physical capacity testing when

applicable.

Pre-Employment Testing

Some positions may invoke skills and/or other testing prior to the job offer. This determination

will be made by the Department/Division Head with the assistance of the Human Resource

Division. All candidates for the same position will be subject to the same testing.

Background Checks

All employees applying for any position with the City will be subject to reference checks with

former employers and/or managers. This process is conducted to verify the accuracy of the

information provided by the applicant. Therefore, the only information that can be collected is

that pertaining to the quality and quantity of work performed by the applicant, the applicant’s

attendance record, education, and other issues that can impact the workplace. At least two (2)

job-related references will be contacted prior to an offer of employment.

Unless required by law, reference checks will not be shared with the potential employee.

Individuals’ claims to have certain educational credentials, either in writing or in an interview,

are subject to verification.

Positions that have responsibility for initiating or affecting financial transactions will require a

credit check of any individual offered such a position. These responsibilities could include,

among other things, collecting or handling cash or checks, writing checks or approving them,

and access to a direct money stream or as a fiduciary to the organization.

After a verbal conditional employment offer is made, the Human Resource Division will conduct

the background checks upon receipt of the signed release form. The Human Resource Manager

will review all results. Criminal background checks for all Police Department employees, both

commissioned and non-commissioned, shall be conducted by the Arkansas City Police

Department and the Human Resource Division.

3.1

If an applicant attempts to withhold information or falsify information pertaining to previous

convictions, the employee will be disqualified from further employment consideration in any

position with the City of Arkansas City due to application process misrepresentations.

Although a disqualification is possible, in accordance with federal and state laws, a previous

conviction does not automatically disqualify an applicant from consideration for employment

with the City of Arkansas City. Depending on a variety of factors (for example, the nature of the

position, the nature of the conviction, and the time since the illegal activity occurred), the

candidate still may be eligible for employment with the City of Arkansas City.

Pre-Employment Physical and Drug and Alcohol Screens

Upon an offer of conditional employment being extended by the City of Arkansas City, all

employees shall submit to pre-employment drug and alcohol screens, as well as a Physical

Capacity Profile test. Some positions may require additional physical testing.

Should an employee score within .25 of reaching the required level on Physical Capacity Profile

testing, the City will allow retesting for a total of two (2) attempts. Failure to attain a score

within .25 of the prescribed level will cause the job offer to be rescinded with no further

opportunity provided for testing. Failure to attain the required level after two attempts, for those

who have come within .25 of the prescribed level, will cause the job offer to be rescinded.

Nepotism

Except as otherwise provided herein:

No person shall be or remain employed in a department if any employee in such person’s

supervisory chain is a member of such person’s immediate family, and no person shall be

considered for employment in any division if a member of such person’s immediate family is

employed within such division.

For the purpose of this policy, immediate family includes:

father

stepfather

mother

stepmother

wife

husband

children

stepchildren

sister

stepsister

brother

stepbrother

3.1

If two employees within the same departmental supervisory chain marry or otherwise become

members of each other’s immediate families while employed by the City, an attempt will be

made to transfer one such employee to another department. If no opening exists or neither

employee is qualified for available openings, the employment of one of the employees will be

terminated upon 180 days’ notice. Determination of which employee will be terminated is at the

discretion of the City Manager based on the business needs of the City.

Entry Level Wage/Salary

A new employee normally will enter employment at the minimum wage/salary established in the

appropriate Pay Ordinance for the applicable position.

Department/Division Heads must present written justification for exceptions to this rule to the

City Manager for consideration. The City Manager may approve any exceptions unilaterally.

Rehire Compensation Practice

Any time a former employee, who left the City in good standing, is rehired in the same position,

he or she shall be rehired at his or her former rate of pay (unless it currently is below minimum

on the appropriate Pay Ordinance). Additionally, if hired in a different position, the City will

review the former employee’s service to the City and his or her particular skills in relation to the

new position, and determine the rate of pay by those factors.

3.2


DIVISION

SUBJECT: Promotion, Transfer, Demotion and

Reclassification

NUMBER: 3.2


AMENDS/SUPERSEDES:

N/A

APPROVED:

________________________

City Manager

PROMOTION, TRANSFER, DEMOTION AND RECLASSIFICATION

This policy shall establish uniform procedures for processing of promotions, transfers, demotions

and reclassifications.

Promotion

A promotion means that the employee is:

1. Moving to a new, more responsible position with increased responsibilities;

2. The new position is in a higher pay range; and

3. The new position is in the same established job family as the former position (e.g., Parks

& Facilities Maintenance Worker and Parks & Facilities Lead).

A title change does not necessarily constitute a promotion.

A higher-range position must be vacant in an established job family. Upon approval by the City

Manager, a vacancy may be filled by promotion without public job advertisement. A vacancy

exists when:

An incumbent leaves a position; or

A new position is authorized by the City Manager.

Upon promotion, an employee will receive the greater of the minimum rate of pay for the new

position or 103% of his or her current rate of pay.

An employee who is promoted shall be entitled to retain all unused leave balances; provided

however, that accrued balances may be paid out if the transfer is from a position that accrues a

particular type of leave to a position that does not (e.g., compensatory time is accrued in some

non-exempt positions, but not accrued in exempt positions).

The performance evaluation schedule for a promoted employee shall be adjusted to reflect the

date of the promotion. Performance evaluations will be completed for promoted employees after

one year of service in the new position. Employees will be eligible for a merit increase after

completion of one year in the new position.

3.2

Should a promoted employee be unable to perform satisfactorily in the new position, the

employee may be returned to his or her previous position and previous pay or a reasonably

comparable position, provided such an opening is available.

Transfer

A transfer means a lateral transfer or a non-lateral transfer:

A lateral transfer is the movement of an employee from one position to another with the

same pay range.

A non-lateral transfer is the movement of an employee from one position to another with

a higher or lower pay range.

Any employee may request a transfer at any time when there exists a vacancy for which the

employee desires consideration, provided that the City Manager may make a non-requested

lateral transfer or non-lateral transfer whenever it is deemed to be in the City’s best interests.

With the approval of the City Manager, a transferred employee may be paid at or above the

minimum entry level of the new pay range, depending on the employee’s qualifications for the

new position.

An employee who transfers from one position to another shall be entitled to retain all unused

leave balances, provided that the unused balances may be paid out if the transfer is to a

department/division or position that does not accrue a particular type of leave (e.g., holiday leave

is not accrued in most departments/divisions).

The performance evaluation schedule for a transferred employee shall be adjusted to reflect the

date of the transfer. Performance evaluations will be completed for transferred employees after

one year of service in the new position. Employees will be eligible for a merit increase after

completion of one year in the new position.

Demotion

A demotion is a downward movement of an employee from one position to another within an

established job family (e.g., Parks & Facilities Maintenance Worker and Parks & Facilities

Lead), whether based on inability to perform assigned duties satisfactorily, disciplinary reasons,

changes in the City’s workforce needs, or lack of work or funds. Demotion does not include

placement of an employee in a position at a lower pay range within an established job family at

the employee’s request, which will be considered to be a non-lateral transfer.

Employees who are demoted or request a non-lateral transfer to a lower paying position will be

paid at the maximum for the position to which they are demoted or 97% of their pay immediately

before said demotion, whichever provides the greater reduction.

An employee who is demoted shall retain all unused leave balances, provided that the unused

balances may be paid out if the demotion is to a department/division or position that does not

accrue a particular type of leave.

3.2

The employee’s performance review date will be adjusted to reflect the date of demotion.

Performance evaluations will be completed for demoted employees after one year in the new

position. Demoted employees will be eligible for merit increases after completion of one year in

the new position.

Reclassification

Reclassification means the re-evaluation and reassignment of a position to assure that the Pay

Ordinance accurately reflects the value of the position. A position may be reassigned either

upward to a higher pay range or downward to a lower pay range. Reclassification does not

constitute either promotion or demotion.

Reclassification is an action taken to recognize one of two conditions:

1. The duties, responsibilities and qualifications of an existing position have changed

substantially over time to the extent that the position no longer resembles others in its

range; or

2. Labor market conditions, as demonstrated by recruitment and retention experience,

indicate a need to re-evaluate the classification of a position.

The reclassification process will not be used to reward an employee who is performing well in a

properly classified position and possesses the potential to perform in a higher-level position

which the City does not need, or to provide additional salary growth to an employee who has

reached the top of his or her pay range.

The City Manager may place the employee in the reclassified position at or above the minimum

entry level pay of the new pay range, depending on qualifications.

An employee whose position is reclassified shall be entitled to retain all unused leave balances,

provided that unused balances may be paid out if the reclassification includes a change in the

ability to accrue certain leave balances (e.g., compensatory time is accrued in some non-exempt

positions, but not accrued in exempt positions).

The performance review date of an employee whose position is reclassified will not change.

11.1


DIVISION

SUBJECT: Employee Records NUMBER: 11.1


AMENDS/SUPERSEDES:

Employee Records, December 1, 2008

APPROVED:

________________________

City Manager

EMPLOYEE RECORDS

The City of Arkansas City shall maintain personnel records concerning each employee in keeping with

federal and state regulations, accreditation requirements, and as a source of information for the

effective administration, development and utilization of human resources. Personnel information is

maintained according to standard business practices, accreditation standards and with access to

information limited to persons on a valid, business-related, need-to-know basis.

The Human Resource Division is responsible for the overall administration of employee records.

Records kept in the Human Resource Division are the official employee records. Employee records are

the City’s property and are considered to be confidential. Removal of any records from an employee’s

personnel file is not allowed.

Contents of Personnel Records (to be kept in Human Resource Division) Personnel records may include, but shall not be limited to:

Employee information forms (hiring documents and all pertinent information from hire to

termination)

Application for employment and/or resume

Interview and reference check documentation

Pre-employment testing documentation/results

Signed release authorization form(s) for background checks, including motor vehicle checks

Background check results

Physical testing, drug test and alcohol test results (to be filed in medical file)

Form I-9 with photocopies of employment eligibility documents (filed separately)

Oath/affirmation required for public officers and employees (K75-4308)

Verification of educational credentials (photocopies of degree or transcripts)

Photocopies of current licenses and/or certifications as pertains to position

11.1

Photocopies of pertinent training certificates

Acknowledgments of receipt/reading of information such as policies and procedures, etc.

Documentation of TB testing, Hepatitis A and/or Hepatitis B vaccination(s), and/or any

health exam (to be filed in medical file)

Internal application forms and all accompanying materials

Form W-4 (U.S. Department of the Treasury, Internal Revenue Service)

Form K-4 (Kansas Department of Revenue)

Health/benefit enrollment forms and all corresponding forms/documents (to be filed in

medical file)

Performance documentation

Disciplinary documentation

Attendance documentation (doctor’s excuses, etc., to be filed in medical file)

Supervisor/employee-initiated memos or notes

City of Arkansas City-initiated memos or notes

Letters of commendation

Employee’s current home address and telephone number

Unemployment forms/determinations (if applicable)

Workers Compensation claims and information (to be filed separately from personnel file)

FMLA and related documents (to be filed in medical file)

Documentation of investigation of alleged misconduct (cases in which employees are

exonerated will be filed separately from personnel file)

Contents of Satellite Files (to be kept by supervisors)

Satellite files may include copies of the following:

Performance documentation

Disciplinary documentation

Attendance documentation (not to include medical information such as doctor’s excuses,

etc.)

Return to work documentation/instructions from HR (not to include actual doctor’s notes)

Supervisor/employee-initiated memos or notes

11.1

City of Arkansas City-initiated memos or notes

Letters of commendation

Employee’s current home address and telephone numbers

***Note***

A. Copies in satellite files shall contain some sort of identifying mark to indicate the

document is a copy. A “COPY” stamp is preferred.

B. Upon termination of employment all satellite files shall be submitted to the Human

Resource Division.

Location of Personnel Records

All personnel records shall be kept in the Human Resource Division offices; shall be kept locked

and protected against loss, tampering and unauthorized use; and may not be removed from the

office without the approval of the Human Resource Manager or City Manager.

Location of Satellite Records

All satellite records shall be kept in a locked and secured area by the supervisor. No other

employee shall have access to these records, except Administrative Assistants or employees who

are in the direct line of supervision or employed in the Human Resource Division. These records

shall be protected against loss, tampering and unauthorized use, and may not be removed from

the department/division without approval of the Human Resource Manager or City Manager.

When an employee is officially transferred to a different department/division, the satellite file

will be transferred by the current Department/Division Head to the new Department/Division

Head of the employee. Only one satellite file per employee will be maintained at all times.

Access to Personnel Records

The following persons may have access to a personnel file:

Employees may examine their personnel records at a reasonable time with a prior

appointment during business hours, with reasonable frequency. Such reviews will take place

in the Human Resource Division offices in the presence of a human resource representative.

Personnel and satellite files may not be removed, copied or placed on any type of

computer media without the authorization of the Human Resource Manager. Employees

reviewing their own files may take notes regarding the information contained in their

files, but may not mark upon or make copies of the documents or remove anything from

the files.

Upon an active employee’s request, the Human Resource Manager may provide an

additional copy of the employee’s performance evaluation(s) and/or disciplinary form(s)

if such duplicate could have been given to the employee at the time presented. The City

of Arkansas City reserves the right to require a copying fee for this service. With the

exception of records of immunization or training, no documents will be released to

former employees.

11.1

The Human Resource Manager or other Human Resource Division personnel designated by

the Human Resource Manager.

The employee’s immediate supervisor, up through the direct supervisory/management chain

of command to the City Manager.

Prospective Department/Division Heads of internal applicants.

Federal or state licensing, accrediting and regulatory agencies.

Access to Personnel Information

Personnel records contain confidential information about employees of the City of Arkansas

City. With the exception of routine verification of employment, to meet legal requirements or to

meet requirements for licensor or accreditation, the contents of personnel records may not be

released to any outside source without the employee’s written consent or a subpoena.

Routine verification requests from prospective employers or legitimate credit inquiries should be

referred to the Human Resource Division and only the following information allowed by Kansas

Statute will be released:

Confirmation of dates of employment

Confirmation of pay level

Confirmation of current salary of active employees

Confirmation of final wage of inactive employees

Confirmation of job description and duties

Confirmation of wage history

In any case in which a prospective employer provides a written request concerning a current or

former employee, the City may respond, in writing only, by providing the following information

regarding the employee (in addition to the above):

Written employee evaluations that were conducted prior to the employee's separation from

the employer and of which an active employee shall be given a copy upon request.

Whether the employee was voluntarily or involuntarily released from service and the reason

for the separation.

It is not authorized for any employee to provide a reference or employment verification, either

verbally or in writing, for an active or former City of Arkansas City employee, except for

designated human resource personnel. This includes any letters of recommendation. If any

employee does so, he or she does so at his or her own risk and liability, and is subject to

disciplinary action up to and including termination of employment.

11.1

In addition to a general personnel file, the City of Arkansas City maintains a separate medical

file for each employee. Access to an employee’s medical file is extremely limited and based on

a need-to-know-only basis.

Internal Sharing of Personnel Information

It is the intent of the City of Arkansas City that certain information be guarded very closely.

This information includes employee Social Security numbers, dates of birth and earnings

information. This information will be provided to individuals only on a valid, business-related,

need-to-know basis or when otherwise required by law. If this type of information is released,

upon completion of the necessary activity in which this information is required, the information

shall be destroyed promptly by the person(s) receiving the information. Departments/divisions

shall not maintain this type of information within the department/division electronically or

otherwise.

Personnel File Custody

All employee/personnel files are the property of the City of Arkansas City.

Employee Changes

Employees shall report to the Human Resource Division, within thirty (30) days, any change of

name, dependents, address, telephone number or other information related to their employment

status and/or benefits eligibility. Employees also should inform their supervisor and Human

Resource Division of any outside training, professional certifications, education or any other

change in status.

Personnel Record Retention

The Human Resource Division will maintain personnel either paper-based and/or electronic

records according to the following schedule:

Investigation files will be maintained permanently.

Personnel and medical files will be kept forty (40) calendar years after termination.

Effective January 1, 2017, personnel and medical files will be scanned at the time of

separation. Paper-based copies will be maintained for three (3) years post-

termination, and scanned files will be maintained for forty (40) years, and then

destroyed.

Worker’s compensation files will be kept thirty (30) years after termination.

Effective January 1, 2017, paper-based worker’s compensation files will be

maintained for five (5) years post-termination, and scanned files will be maintained

for thirty (30) years, and then destroyed.

Rescinded job offer files will be kept for twenty (20) years after the offer was rescinded,

then destroyed. All other records, for those not hired, will be maintained for two (2) years

after the hiring decision and then destroyed.

11.1

Insurance policies will be maintained for six (6) years and then destroyed.

Form I-9 will be maintained for one (1) year following separation or three (3) years from

date of hire, whichever is later, and then destroyed.


Meeting Date Department/Division Staff Contact 06/06/2017 Neighborhood Services

Division Richard Brown, Building Official

Title: Consider a Resolution scheduling a public hearing at 5:30 p.m. on July 18, 2017, in the Commission Chambers at City Hall to determine if structures located at 108 E Jackson Avenue, and 1011 S. C. Street are unsafe and dangerous. (Voice Vote)

Description: The attached resolution will set the public hearing at 5:30 PM on July 18, 2017. The properties to be considered are:

1. 108 E Jackson Avenue – Owner, Polo Garcia 2. 1011 S. C. Street – Owner, John S. Greenwood

During the hearing on July 18th, owners, agents, lienholders of record, and any occupants of the listed structures may appear and show cause as to why the structure should not be condemned as an unsafe structure. If so ordered, the owner will have 30 days to begin repair or demolition and 90 days to complete that work after publication of the resolution declaring a dangerous structure. The owners have been properly notified and have not made appropriate corrections.

Commission Options: 1. Approve the Resolution 2. Table the Resolution for further consideration 3. Disapprove the Resolution

Fiscal Impact: Amount: cost of publication Fund: Department: Expense Code:


City Manager

(Published in the Cowley CourierTraveler, on ________________ and ___________________).

RESOLUTION NO. 2017-06 A RESOLUTION ESTABLISHING A TIME AND PLACE AND PROVIDING FOR NOTICE OF A HEARING BEFORE THE GOVERNING BODY OF THE CITY OF ARKANSAS CITY, KANSAS, AT WHICH TIME THE OWNERS, AGENTS, LIENHOLDERS OF RECORD AND OCCUPANTS OF THE STRUCTURE(S) (IF APPLICABLE) HEREINAFTER LISTED AT THEIR RESPECTIVE LOCATIONS IN SAID CITY, MAY APPEAR AND SHOW CAUSE WHY SUCH STRUCTURE SHOULD NOT BE CONDEMNED AND ORDERED REPAIRED, SHORED OR OTHERWISE MADE SAFE OR IN THE ALTERNATIVE, DEMOLISHED AS UNSAFE OR DANGEROUS STRUCTURES. WHEREAS, the Enforcing Officer of the City of Arkansas City, Kansas, did, on or about the 22nd day of May, 2017, file with the Governing Body of the City of Arkansas City a statement in writing that the structures hereinafter described constitute an unsafe or dangerous structure. NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF ARKANSAS CITY, KANSAS: SECTION ONE: A hearing will be held on the 18th day of July, 2017, before the Governing Body of the City at 5:30 p. m. in the Commission Chambers of the City Building, 118 West Central Avenue, Arkansas City, Kansas at which time owners, agents, Lienholders of record and any occupants of the hereinafter listed structure(s) may appear and show cause why such structure should not be condemned as unsafe or dangerous and ordered repaired, shored or otherwise made safe or in the alternative, demolished as an unsafe structure. Reasonable accommodations will be made available to persons with disabilities. Requests for accommodations should be submitted to the City Clerk no later than five days prior to the date of the hearing. SECTION TWO: The following described structures shall be considered at said hearing:

Parcel 1: Dilapidated Structure, including any Accessory structures located at 108 E. Jackson Avenue, Arkansas City, Cowley County, Kansas, and legally described as, to-wit:

East 44.3 feet of the West 97 feet of Lots 9 and 10, Block 163, Canal Company’s Addition to Arkansas City, Cowley County, Kansas.

Record Owner(s): Polo Garcia 906 S. A. Street Arkansas City, KS 67005 Record Lienholder(s): Cowley County Treasurer, Unpaid Taxes 311 E. 9th Avenue Winfield, KS 67156

Parcel 2: Dilapidated Structure, including any Accessory structures located at 1011 S. C. Street, Arkansas City, Cowley County, Kansas, and legally described as, to-wit:

Lot 3, Block 3, Pleasant View Addition, Arkansas City, Cowley County, Kansas.

Record Owner(s): John S. Greenwood 1020 S. C. Street Arkansas City, KS 67005

Record Lienholder(s): Cowley County Treasurer, Unpaid Taxes 311 E. 9th Avenue Winfield, KS 67156 Cowley County District Court Case No. 2015-ST-2-W P.O. Box 1152 Winfield, KS 67156 Cowley County Register of Deeds Book 960, Page 214, UCC No. 25490 P.O. Box 741 Winfield, KS 67156

SECTION THREE: Be it further resolved that the City Clerk shall cause this Resolution to be published once each week for two consecutive weeks and at least thirty (30) days shall elapse between the LAST PUBLICATION and the date set for hearing, and the City Clerk is further directed to mail a copy of said Resolution by certified mail within three (3) days after the FIRST PUBLICATION to each such owner, agent, Lienholder or occupant at his/her/its last known place of residence and marked "Deliver to Addressee Only" as provided by K.S.A. § 12-1752 and all acts amendatory thereof or supplemental thereto. PASSED AND RESOLVED by the Governing Body of the City of Arkansas City, Kansas this 6th day of June, 2017 with City Officials being authorized and directed to execute any and all documents necessary to consummate the purposes and intents as expressed in this Resolution and if executed by the Mayor (or other person authorized by law to act in the event of the absence or inability of the Mayor to act) and the City Clerk is directed to attest to and affix the official seal of the City thereon.

_____________________________

Duane L. Oestmann, Mayor ATTEST: _____________________________________ Lesley Shook, City Clerk APPROVED AS TO FORM: _____________________________________ Tamara Niles, City Attorney

CERTIFICATE

I, hereby certify that the above and foregoing is a true and correct copy of the Resolution No. 2017-06 of the City of Arkansas City, Kansas adopted by the governing body on June 6, 2017 as the same appears of record in my office. DATED: _________________ Lesley Shook, City Clerk

City of Arkansas CityNeighborhood Services Division

DangerousStructure• 108 East Jackson Ave

• Owner

• Polo Garcia 906 S A ST Arkansas City, KS 67005

• Active Case since December 14, 2016

• First notice sent Certified Mail and signed for by Mr. Garcia on December 16, 2016

• There have not been any attempts to repair the structure

Frontofproperty

Front/Eastsideofproperty

EastsideofProperty

HoleinthehouseonEastSide

BottomEastSideofProperty

BackSideofProperty

BackFullViewofProperty

BottomBacksideofProperty

BottomEdgeofProperty

DangerousStructure• 1011 S C ST

• Owner

• John S. Greenwood 1020 S C ST Arkansas City, KS 67005

• Active Case since March 3, 2017

• First notice sent Certified Mail and signed for by Mr. Greenwood on March 4, 2017

• There have not been any attempts to repair the structure

Frontviewofproperty

Frontporchroof

UnderneathofFrontPorch

Northsideofprooerty

Southsideofproperty

Southwestcorneroftheproperty

Northwestcorneroftheproperty

RoomwithRooffallingthrough

Roomwithdecayingfloorandfallenceiling

Entrancetocellar



Department/Division Fire-EMS

Staff Contact Robert Wolfe

Title: Consider a resolution authorizing the purchase of a 2018 Freightliner chassis with a Toyne 3,000 gallon tanker from Weis Fire and Safety in Salina, Kansas for an amount not to exceed $226,185.00. (Voice Vote)

Description: The Fire Department fleet of tankers consists of a 1994 International 2000 gallon tanker and a 1986 International 2000 gallon tanker. Both tankers are non NFPA- 1901 compliant. The new tanker would replace the 1986 Tanker. On April 20th the Department received eight bids for a new tanker. Bids ranged from $226,185.00 to $321,244.00. The Department recommends the City purchase the Toyne 3,000 gallon tanker from Weis Fire and Safety for an amount not to exceed $226,185.00 The Toyne tanker met all specifications as outlined in the bid sheet.


Fiscal Impact: Amount: Fund: 01 Department: 310 –Fire Dept/EMS Expense Code: 7404 Fire Trucks


City Manager

RESOLUTION NO. 2017-06

A RESOLUTION AUTHORIZING THE PURCHASE OF A 2018 FREIGHTLINER CHASSIS WITH A TOYNE 3,000 GALLON TANKER FROM WEIS FIRE AND SAFETY IN SALINA, KANSAS FOR AN AMOUNT NOT TO EXCEED $226,185.00. NOW, THEREFORE, IN CONSIDERATION OF THE AFORESTATED PREMISES, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF ARKANSAS CITY, KANSAS: SECTION ONE: That the Governing Body of the City of Arkansas City, KS hereby authorizes the City to purchase a 2018 Freightliner chassis with a Toyne 3,000 gallon tanker from Weis Fire and Safety in Salina, Kansas for an amount not to exceed $226,185.00. Such Agreement is attached hereto and incorporated by reference as if fully set forth herein. SECTION TWO: That the Governing Body of the City of Arkansas City hereby authorizes the Mayor and/or City Manager of the City of Arkansas City to take such further and other necessary actions that are required to effectuate the intent and purposes of this Legislative Enactment. SECTION THREE: This Resolution will be in full force and effect from its date of passage by the Governing Body of the City of Arkansas City. PASSED AND RESOLVED by the Governing Body of the City of Arkansas City, Kansas, on June 6, 2017.

____________________________ Duane L. Oestmann, Mayor

ATTEST: _____________________________ Lesley Shook, City Clerk APPROVED AS TO FORM: ______________________________ Tamara Niles, City Attorney

CERTIFICATE

I, hereby certify that the above and foregoing is a true and correct copy of the Resolution No. 2017-06-____ of the City of Arkansas City, Kansas adopted by the governing body on June 6, 2017 as the same appears of record in my office. DATED: _____________________. Lesley Shook, City Clerk

2017 Tanker Bids

Manufacturer Chassis Tank Capacity

Pump Dump Valve

Fill Valve Siren Warning Lights

Scene Lights

Camera

Weise/Toyne 2018 Freightliner M2 Cummins Allison

3000 gal Hale 750g Akron No pump/roll Anodes

Electric Rear, right and left side

2 ½” left 6” left fill

Code 3 No mech

Code 3 LED

Halogen Rear/both sides

Yes Rear backup

Danko 2018 Freightliner M2 Cummins Allison

3000 gal Hale 750g Akron No pump/roll Anodes

Electric Rear, right and left side

Manual fill tower 2 ½” rear fill

Whelen No mech

Whelen LED

Whelen LED Rt/Lt/ rear

No

Danko Stock

2017 Freightliner Cummins Allison

3000 gal Hale 750g Pump/roll Anodes Unk fit

Manual rear 180 deg swivel

No 2 ½” 5” Rear fill

Whelen No mech

Whelen LED

LED Rt/Lt sides

No

Fouts 2017 Freightliner Cummins Allison

3000 gal Waterous 750gpm Akron No anode

Electric Rear Both side

2 ½” 5” Rear fill

Whelen No mech

Whelen LED

Halogen Rear/both sides

Rear backup

Midwest 2017 Freightliner Cummins Allison

3000 gal Waterous Akron No anode

Electric Rear Both side

2 ½” No 5” Rear fill

Electric No mech

Whelen LED

LED Rear/both sides

Rear Backup

Conrad Job 30650

Freightliner 114SD Cummins Allison

3000 gal Hale 1000gpm Pump/roll Akron

Pneumatic Rear Swivel

Manual fill tower 6” both sides 2 ½” rear

Whelen No Mech

Whelen LED

LED rear Rear backup

Conrad

Conrad

Manufacturer Dump Tank SCBA Compartments Pump Heater

Preconnect Hard suction

Air Eject Shoreline Eject

Price Deliver Date

Weis/Toyne 3000 gal Tilt Rt. Side

Bottle Storage

Left and right 55x27x23 55x27x23

Yes 1 ¾ & 2 ½” Two 10’ 5”

No Yes $226,185 Within 330 days

Danko 3000 gal Tilt

Rt side


Yes 2 200’ 1 ¾” preconnects

Two 10’ 5”

No Yes $229,278 175-220 days

Danko 3000 Bottle Storage


No Freeze

prot -40

Left and right Low

Two 10’ 5”

No Yes $228,950 175-220 Days

Fouts 3000 gal Manual

rear

4 Left and right 60x27x26 60x27x26

No Freeze

prot -40

2 universal High

Deadlay

Two 10’ 5”

No Yes $236,000 May 31

Midwest 3000 gal Manual

Passenger

Added option


Yes 2 universal High

Two 10’ 5”

Yes Yes $250,742 May 17

Conrad/Pierce 3000 gal Electric/hyd Right side

2 Left and right 5 on left

2 on right

Yes Two 1 ¾” preconnects 2 ½” deadlay

Yes Yes $264,008

Conrad/Pierce $275,407

Conrad/Pierce $321,244

Warranties

Manufacturer Chassis Paint Pump Tank Manufacturer

Weis/Toyne 5yr 2yr parts & labor Lifetime 20yr tank cradle

20 yr sub-structural

Danko 5yr 2yr parts and labor

Limited lifetime Electrical 2yrs Misc Pg. 28/ Back of

book

Danko

Fouts

Midwest

Conrad 5 yr/100,000 10 yr Limited Lifetime Pg. 54

Conrad

Conrad

TANKER/TENDERPUMPER TANKER/TENDER

COMMERCIAL & CUSTOM

A U T H O R I Z E D D E A L E R

104 Granite Avenue · Breda, IA 51436 · 800 648 3358 · toyne.com

14-0234

Built to take the call.

DUMP chUTE oPTioNs

Engineered for the needs of your department, Toyne offers multiple dump chute options. Choose from stainless steel swivel dump, stainless steel dump valve with aluminum hinged chute, or stainless steel dump valve with electric chute and valve with option for in-cab controls. Toyne fire apparatus can also be outfitted with a three chute manifold system for the rear of the body.

boosTER REEl locATioNs

Booster reels can be notched in the upper rear corner of the tank with a hinge down door, above the pump in the dunnage area or in front of the hose bed, in any compartment specified by the department or under the cab depending on the chassis.

All Toyne Tankers and Pumper Tankers can be mounted on a custom or commercial chassis. Available chassis include: Freightliner, international, Kenworth, Peterbilt, Mack, or spartan.

PoRTAblE TANK sToRAGE

oPTioNsToyne Tailored Apparatus are designed to hold 1000-3500 gallon portable tanks with steel or aluminum frames. Storage options include slide-in through tank, slide-in on edge, a Zico hydraulic rack with optional covering or manual portable tank racks.

Since the first unit was put into service in 1942, Toyne, Inc. has consistently delivered quality-built fire apparatus to departments across the nation. 2017 marks 75 years of building a reputation for manufacturing fire trucks that will be there when you need them the most. From yesterday to today, and into the future, Toyne Tailored Apparatus, have been, and will be, built to take the call, every time.

PUMP PANEl locATioNs

Choose the pump panel location that best fits your needs. Pump controls can be in the driver front compartment for PTO pumps, side or top mounted, or compartment mounted for portable pumps.

hARD sUcTioN hosE sToRAGE

When drafting becomes necessary, it’s critical for your hard suction hoses to be right at hand. Toyne offers hard suction storage options enclosed above the low side compartment, exterior mounted above each high side or low side compartment, slide-in from the rear or enclosed above the high side compartments.

hosE bED locATioNs

On the side mount Pumper Tanker, hose bed storage comes standard above the pump with removable trays that slide out to the front of the pump. Also available is a driver or passenger catwalk hose bed with or without discharge to carry up to 200’ of 1 ¾” hose, or optional 1 ¾” crosslays on removable trays for driver front compartment pump controls.

TANKER/TENDERToyne Tankers boast optimum maneuverability with a large carrying capacity, ensuring you get maximum water to a fire as quickly as possible. To ensure your apparatus meets your department’s unique needs, Toyne offers a range of customizable options. Available in bolted/painted stainless steel, Toyne pump options include the Hale PTO 500, 750 or 1000 GPM, with tank sizes from 2000-3000 gallons. And for quick dumping capabilities, Toyne Tankers come with your choice of a swivel or three dump system.

PUMPER TANKER/TENDERCombining massive quantities of water with top of the line pumping capabilities, Toyne Pumper Tankers can battle the most intense blazes. Available in aluminum, bolted stainless steel or bolted/painted stainless steel, Toyne Tailored Apparatus customization options create a unit that performs precisely when and where you need it.

WETsiDEThe Wetside can be customized with a PTO 500, 750 or 1000 GPM pump, and either a 2100 gallon single axle or 3000 gallon tandem axle configuration. The treadplate body is available with either one or two compartments per side, and features portable tank and suction hose storage. Multiple rear fill options include a 2.5” or 4” with butterfly valve, or 2.5” or 4” Fireman’s Friend valve.

ElliPTicAlWith the Elliptical, your department has the muscle to take on any challenge. A driveline mid-ship pump from Hale, Waterous or Darley, or PTO pump with 750-2000 GPM capabilities take performance to the next level, while the UPF tank from 1800-3500 gallons with stainless steel wrap ensure your apparatus outlasts even the toughest fire. Additional features include one 60” wide compartment on each side, multiple side mount crosslay and tank fill options, suction hose storage and a three dump valve system.

RANDOLPH-HAMPTON - TANkeRA standard Tanker with an 1800-2300 gallon carrying capacity,

this apparatus features multiple portable pump options and rear fill locations, booster reels, catwalk discharge, and ladder,

suction hose and portable tank storage.

ISABeLLA VFD - PuMPeR TANkeRThis bolted/stainless steel Pumper Tanker boasts a 2000 gallon UPF tank and a Hale Q Max 1750 GPM pump that

makes high water flows a reality.

Built to take the call. · 800 648 3358 · toyne.comBorn and bred in the heartland of our great country, Toyne is PRoUDly 100% AMERicAN oWNED and operated. We use only the best material to create our Toyne Tailored

Apparatus, and are proud to assemble trucks in the town where our company was founded over 70 years ago. Red, white and blue, Toyne stands for quality through and through.

lADDER sToRAGE

locATioNsIntuitively designed ladder storage through the tank, in the hose bed or on the exterior of the body above the low side compartments maximizes your carrying capacity and puts more gear at your fingertips.



Department/Division Public Works

Staff Contact Eric Broce, Director

Title: Consider a Resolution approving Amendment No. 3 to the contract agreement between the City and Burns & McDonnell Engineering Company, Inc. for modifications to the original scope of professional engineering services for the new Water Treatment Plant. (Voice Vote) Description: The proposes contract amendment is a result of the following scope changes:

Additional 1,224 hours of RPR services @ $100/hour (includes all expenses) for a total of $122,400. This assumes RPR services through a final completion date of January 2, 2018, starting May 22, 2017.

Additional 7 project progress meetings for a total of $13,807.

5 additional months of general project management and coordination for $65,113.

Additional time for NPDES negotiation / adjustments for the final permit for the Water Treatment Plant for $6,495

Commission Options: 1. Approve the Resolution 2. Table the Resolution for further consideration 3. Disapprove the Resolution Fiscal Impact: Amount: $207,815.00 Fund: 68 (Special Project) Department: 650 (WTP) Expense Code: 6220

Included in budget Grant Bonds

Other (explain) – Reimbursable expense through KDHE SRLF Approved for Agenda by:

City Manager

RESOLUTION NO. 2017-06 A RESOLUTION APPROVING AMENDMENT NO. 3 TO THE CONTRACT AGREEMENT BETWEEN THE CITY OF ARKANSAS CITY AND BURNS & MCDONNELL ENGINEERING COMPANY, INC. FOR MODIFICATIONS TO THE ORIGINAL SCOPE OF PROFESSIONAL ENGINEERING SERVICES FOR THE NEW WATER TREATMENT FACILITY. NOW, THEREFORE, IN CONSIDERATION OF THE AFORESTATED PREMISES, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF ARKANSAS CITY, KANSAS: SECTION ONE: The Governing Body of the City of Arkansas City hereby authorizes the City to enter into Amendment No. 3 to the contract agreement between the City of Arkansas City and Burns & McDonnell Engineering Company, Inc. for modifications to the original scope of professional engineering services for the new Water Treatment Facility, for an amount not to exceed $207,815.00. Such Agreement is attached hereto and incorporated herein by reference. SECTION TWO: That the Governing Body of the City of Arkansas City hereby authorizes the Mayor and/or City Manager of the City of Arkansas City to take such further and other necessary actions that are required to effectuate the intent and purposes of this Legislative Enactment. SECTION THREE: This Resolution will be in full force and effect from its date of passage by the Governing Body of the City of Arkansas City. ADOPTED AND APPROVED by the Governing Body of the City of Arkansas City, Kansas on June 6, 2017. (Seal) Duane L. Oestmann, Mayor ATTEST: Lesley Shook, City Clerk APPROVED AS TO FORM. Tamara Niles, City Attorney

CERTIFICATE

I, hereby certify that the above and foregoing is a true and correct copy of the Resolution No. 2017-06-____ of the City of Arkansas City, Kansas adopted by the Governing Body on June 6, 2017 as the same appears of record in my office. DATED: _________________ Lesley Shook, City Clerk

AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT ENGINEER-OWNER AGREEMENT

AMENDMENT No. 3 Date: June 6, 2017 THIS AMENDMENT modifies the Agreement dated April 2, 2014, and further amended May 12, 2014, and September 8, 2015 made by and between Burns & McDonnell Engineering Company, Inc., (hereinafter called ENGINEER), and City of Arkansas City, Kansas (hereinafter called OWNER) for the following Project: Professional Engineering Services for New Water Treatment Plant. For good and valuable consideration, the sufficiency of which is acknowledged, the parties agree to make the following changes to their Agreement. 1. The parties agree that the ENGINEER’s Scope of Services is amended as follows: Modify Exhibit A – SCOPE OF SERVICES, SCOPE OF SERVICES section as follows:

1. Modify paragraph 3.f.i from “15 months” to “22 months”. 2. Modify paragraph 3.g from “12 months, not-to-exceed 2080 hours” to “20 months with anticipated Final

Completion Date no later than stated in the TIME OF SERVICE section of this SCOPE OF SERVICES, not-to-exceed 3,100 hours”.

3. Modify paragraph 6.a from “390 hours” to “724 hours”. 2. The following adjustments are made to the ENGINEER’s compensation: For the authorized Scope of Services outlined in the executed agreement and herein amended, compensation shall not exceed Three Million One Hundered Ten Thousand Eight Hundred Seventy-Seven Dollars ($3,110,663.00) without written approval of the client. 3. The time for completion of ENGINEER’s Services is modified by the addition of the following paragraph: “Construction Phase Services for the Water Treatment Plant are based on an anticipated Substantial Completion date of November 21, 2017 and a Final Completion Date of January 2, 2018. ” 4. The terms of this AMENDMENT supersede any contrary terms of the Agreement. This AMENDMENT will be deemed a part of, and be subject to, all other terms and conditions of the Agreement. Except as modified above, the Agreement will remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this AMENDMENT the day and year first written above. THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION, WHICH MAY BE ENFORCED BY THE PARTIES.

OWNER: City of Arkansas City, Kansas

ENGINEER: Burns & McDonnell Engineering Company, Inc.

By:

By:

Name: Nickolaus J. Hernandez

Name: Ron Coker, P.E.

Title: City Manager

Title: Senior Vice President





Title: Consider a Resolution authorizing Addendum No. 2 to the contract agreement between the City and Smith & Oakes, Inc. for engineering design and inspection services for the "Water Treatment Facility Waste line to the Wastewater Treatment Plant” project. (Voice Vote) Description: Due to personnel changes and construction time modifications for the above referenced project, staff recommends eliminating the current contract amount of $66,700 for inspections services. If other waterline work withing the City occurs concurrently with the above referenced project, it is recommended that fees for those inspection services be split between the projects and may be negotiated at a lower cost and a later date. Commission Options: 1. Approve the Resolution 2. Table the Resolution for further consideration 3. Disapprove the Resolution Fiscal Impact: Amount: ($66,700.00) Fund: 68 (Special Project) Department: 650 (WTP) Expense Code: 6220


City Manager


A RESOLUTION AUTHORIZING ADDENDUM NO. 2 TO THE CONTRACT AGREEMENT BETWEEN THE CITY AND SMITH & OAKES, INC. FOR ENGINEERING DESIGN AND INSPECTION SERVICES FOR THE "WATER TREATMENT FACILITY WASTE LINE TO THE WASTEWATER TREATMENT PLANT” PROJECT. NOW, THEREFORE, IN CONSIDERATION OF THE AFORESTATED PREMISES, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF ARKANSAS CITY, KANSAS: SECTION ONE: That the Governing Body of the City of Arkansas City, Kansas hereby authorizes the City to execute Addendum No. 2 to the contract agreement between the City and Smith & Oakes, Inc. for engineering design and inspection services for the "Water Treatment Facility Waste line to the Wastewater Treatment Plant” project. Such Agreement is attached hereto and incorporated by reference as if fully set forth herein. SECTION TWO: That the Governing Body of the City of Arkansas City hereby authorizes the Mayor and/or City Manager of the City of Arkansas City to take such further and other necessary actions that are required to effectuate the intent and purposes of this Legislative Enactment. SECTION THREE: This Resolution will be in full force and effect from its date of passage by the Governing Body of the City of Arkansas City. PASSED AND RESOLVED by the Governing Body of the City of Arkansas City, Kansas, on June 6, 2017.



CERTIFICATE


ADDENDUM NO. 2 TO

AGREEMENT FOR ENGINEERING DESIGN, CONSTRUCTION ADMINISTRATION, STAKING, AND INSPECTION SERVICES

BETWEEN

THE CITY OF ARKANSAS CITY, KANSAS

AND

SMITH & OAKES, INC.

FOR

WATER TREATMENT FACILITY WASTE LINE

TO WASTEWATER TREATMENT PLANT NOW EFFECTIVE ON THIS day of June 2017, this Supplemental Agreement is made and entered into, BY AND BETWEEN THE CITY OF ARKANSAS CITY, KANSAS, a Municipal Corporation, hereinafter referred to as "OWNER", AND SMITH & OAKES, INC. hereinafter referred to as "ENGINEER". WITNESSETH: WHEREAS, the parties have previously entered into an "Agreement for Engineering Design Services" dated September 11, 2015 and WHEREAS, the parties wish to further amend the terms, obligations and scope of service of their Agreement, to remove “INSPECTION SERVICES” in the amount of $66,700.00 from the contract. NOW THEREFORE, the parties hereto agree to be bound as follows:

1. REVISE "SECTION 5. PAYMENT PROVISIONS" of the Contract with the following paragraph:

For services performed under this Agreement the OWNER will reimburse the ENGINEER the following lump sum fees for the Engineering Design, Construction Administration and Staking items of work.

ENGINEERING DESIGN $ 80,247.50 CONSTRUCTION ADMIN. $ 14,400.00 CONSTRUCTION STAKING $ 9,300.00 TOTAL $ 103,947.50 IN WITNESS WHEREOF, the parties hereto have executed ADDENDUM NO. 2 to the Original Agreement on the day and year first above written. OWNER: CITY OF ARKANSAS CITY, KANSAS BY: __________________________ Nickolas Hernandez, City Manager ATTEST: ____________________________ Lesley Shook, City Clerk ENGINEER: SMITH & OAKES, INC. BY: __________________________ Chris Meinen, President





Title: Consider a Resolution authorizing the City of Arkansas City to negotiate a contract agreement with Nowak Construction for the Valley Road Waterline Improvements (Madison Ave. to Crestwood Dr.) for an amount not to exceed $216,473.00. (Voice Vote)

Description:

Nowak Construction has been awarded the last 2 city waterline replacement projects through the competitive bidding process. In order to expedite construction of the next phase of waterline replacement projects, staff recommends negotiating a contract price with Nowak Construction with similar structure and pricing as the last 2 waterline contracts with them. Utilizing unit pricing from similar waterline construction, the negotiated price is expected to be at, or below $233,221.81. Nowak Construction has offered to complete the project for $216,473.00. If approved, Nowak would move directly from the South Summit Waterline Replacement Project to the Valley Road Waterline Improvement Project to begin construction.


Fiscal Impact: Amount: $216,473.00 Fund: 16(Water) Department: 653 (Water Distribution) Expense Code: 6212 (Payment to Contractor)


City Manager


A RESOLUTION AUTHORIZING THE CITY OF ARKANSAS CITY TO NEGOTIATE A CONTRACT AGREEMENT WITH NOWAK CONSTRUCTION FOR THE VALLEY ROAD WATERLINE IMPROVEMENTS (MADISON AVE. TO CRESTWOOD DR.) FOR AN AMOUNT NOT TO EXCEED $216,473.00. NOW, THEREFORE, IN CONSIDERATION OF THE AFORESTATED PREMISES, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF ARKANSAS CITY, KANSAS: SECTION ONE: That the Governing Body of the City of Arkansas City, Kansas hereby authorizes the City to negotiate a contract agreement with Nowak Construction for the Valley Road Waterline Improvements (Madison Ave. to Crestwood Dr.) for an amount not to exceed $216,473.00. Such Agreement is attached hereto and incorporated by reference as if fully set forth herein. SECTION TWO: That the Governing Body of the City of Arkansas City hereby authorizes the Mayor and/or City Manager of the City of Arkansas City to take such further and other necessary actions that are required to effectuate the intent and purposes of this Legislative Enactment. SECTION THREE: This Resolution will be in full force and effect from its date of passage by the Governing Body of the City of Arkansas City. PASSED AND RESOLVED by the Governing Body of the City of Arkansas City, Kansas, on June 6, 2017.



CERTIFICATE


ARKANSAS CITY, KS

2017 WATERLINE IMPROVEMENTS

(VALLEY ROAD, MADISON AVE. TO CRESTWOOD DR.)PROJECT NO. WL-P-16-001

BID DATE / TIME:

ITEM DESCRIPTION QUANTITY UNIT ENGINEER'S ESTIMATE

NO. UNIT PRICE COST

1 LF 48.00$ $10,172.16

2 LF 55.00$ $75,653.60

3 LF 75.00$ $10,275.00

4 LF 85.00$ $41,236.05

5 EA 1,500.00$ $1,500.00

6 EA 1,900.00$ $19,000.00

7 EA 2,500.00$ $10,000.00

8 EA 3,200.00$ $16,000.00

9 EA 1,200.00$ $8,400.00

10 EA 2,200.00$ $22,000.00

11 EA 500.00$ $1,000.00

12 LF 35.00$ $1,785.00

13 LS 1,200.00$ $1,200.00

14 LS 15,000.00$ $15,000.00

SUBTOTAL $233,221.81

Remove & Replace Gravel Drive 51

Erosion Control 1

Site Clearing & Restoration 1

Water Service Connection (Short) 7

Water Service Connection (Long) 10

Plug & Abandon Existing Waterline 2

8" Valve Assembly 10

Connect to Existing Water Main 4

Fire Hydrant Assembly 5

6" RJ Waterline by Directional Drill 137

8" RJ Waterline by Directional Drill 485

6" Valve Assembly 1

8" Waterline 1,376

Public Works Department

City of Arkansas City, KS

118 W. Central Ave.

Arkansas City, Kansas 67005

Phone (620) 441-4420 N/A

ENGINEER'S ESTIMATE

SUMMIT STREET WATERLINE IMPROVEMENTS

6" Waterline 212

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Department/Division City Attorney

Staff Contact Tamara Niles

Title: Consider first reading of an Ordinance authorizing the City of Arkansas City, Kansas, in conjunction with other participating governmental entities, to enter into a new Interlocal Agreement for the provision of County-wide Economic Development Services. (Roll Call Vote) Description: The City has participated in Cowley First, an economic development arm of the county, since 2011. The Kansas Attorney General recently advised a new Interlocal Agreement to continue operating Cowley First, as the prior agreement was not renewed by all parties prior to the agreement’s expiration. The new Interlocal Agreement is the same as the prior agreement, except that the initial term is for 5 years with an authorized 3-year extension if all parties agree. Commission Options: 1. Approve the Ordinance on first reading 2. Take no action to allow for a second reading 3. Disapprove the Ordinance Fiscal Impact: Amount: Fund: Department: Expense Code:


City Manager

(First published in the Cowley Courier Traveler 2017) ORDINANCE NO. 2017-__________ AN ORDINANCE AUTHORIZING THE CITY OF ARKANSAS CITY, KANSAS, IN CONJUNCTION WITH OTHER PARTICIPATING GOVERNMENTAL ENTITIES, TO ENTER INTO A NEW INTERLOCAL AGREEMENT FOR THE PROVISION OF COUNTY-WIDE ECONOMIC DEVELOPMENT SERVICES AND AUTHORIZING THE MAYOR AND CITY CLERK AND/OR CITY ADMINISTRATION TO EXECUTE ANY AND ALL DOCUMENTS NECESSARY TO CONSUMMATE THE PURPOSES AND INTENTS OF THIS LEGISLATIVE ENACTMENT. WHEREAS, on the 21st day of November, 2006, the Governing Body adopted Ordinance no. 2006-11-4099, authorizing an Interlocal Agreement establishing “Cowley First”, a county-wide economic development tool, which was extended, updated and revised multiple times by mutual agreement of the parties; and WHEREAS, the Kansas Attorney General advises that a new Interlocal Agreement is required to continue operating as Cowley First; and WHEREAS, the attached Interlocal Agreement is substantially the same as prior agreements, except that it shall be in operation for 5 years, with an authorized 3-year extension upon mutual agreement of the parties. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF ARKANSAS CITY, KANSAS, IN CONJUNCTION WITH OTHER PARTICIPATING GOVERNMENTAL ENTITIES: SECTION ONE: The Governing Body of the City of Arkansas City hereby authorizes the Mayor and any other required officials of the City of Arkansas City to execute an Interlocal Agreement to provide for county-wide economic development services. Such Agreement is attached hereto and incorporated by reference as if fully set forth herein. SECTION TWO: The Mayor, City Clerk, and/or City Administration of the City of Arkansas City, Cowley County, Kansas are authorized and directed to execute any and all documents necessary to consummate the purposes and intents as expressed in this Legislative Enactment and, if executed by the Mayor (or other person authorized by law to act in the event of the absence or inability of the Mayor to act), the City Clerk is directed to attest to and affix the official Seal of the City thereon. City Administration is authorized to submit additional information as may be required and the office of the City Manager shall act as the official representative of the City of Arkansas City, Cowley County, Kansas in this and subsequent related activities. SECTION THREE: Upon ratification by all participating Agencies, counsel for the City is authorized and directed to submit the Interlocal Agreement to the Attorney General for the State of Kansas for approval and thereafter to file the Agreement, if required, with the Register of Deeds Office, and the Kansas Secretary of State, all as provided and authorized by K.S.A. § 12-2904, and all acts amendatory thereof or supplemental thereto. PASSED AND ORDAINED by the Governing Body of the City of Arkansas City, Kansas this ____day of ____________. (Seal) Duane L. Oestmann, Mayor ATTEST: Lesley Shook, City Clerk

DRAFTED AND APPROVED AS TO FORM: Tamara Niles, City Attorney

CERTIFICATE

I, hereby certify that the above and foregoing is a true and correct copy of Ordinance No. 2017-__________ of the City of Arkansas City, Kansas adopted by the Governing Body on ________ as the same appears of record in my office. DATED: _________________. Lesley Shook, City Clerk

Interlocal Cooperation Agreement For The Provision of

Countywide Economic Development Services This Interlocal cooperation agreement hereinafter referred to as the Agreement is made and entered into this __ day of ____, 20l7 by and between Cowley County, Kansas, a governmental subdivision of the State of Kansas organized and existing under the laws of the State of Kansas and hereinafter referred to as “County; the City of Arkansas City, Kansas, a municipal corporation organized and existing under the laws of the State of Kansas and hereinafter referred to as “Arkansas City”; the City of Winfield, Kansas, a municipal corporation organized under the laws of the State of Kansas and hereinafter referred to as ”Winfield” and Cowley College, an institution of higher education operating under the laws of the State of Kansas and hereinafter referred to as “College”, and various agencies within Cowley County collectively referred to as ”Business Partners” that are officially represented by RCB Bank and Union State Bank. PURPOSE The purpose of this agreement is to provide a legal foundation for “Cowley First: Cowley County Economic Development Partnership” and hereinafter referred to as Cowley First. Cowley First is a collaborative countywide economic development program to preserve and enhance the economic and business vitality of Cowley County, Kansas including the communities within it. Under this agreement, County will maintain and coordinate the Cowley First program and will otherwise undertake activities which either create jobs or increase the economic vitality of Cowley County through expanded residency or business investment as more fully described below. WHEREAS, PURSUANT TO THE AUTHORITY OF K.S.A. 12-2901 ET. SEQ., THE PARTIES AS PUBLIC AND PRIVATE AGENCIES HAVE THE AUTHORITY TO ENTER INTO THIS INTERLOCAL AGREEMENT, AND EACH SHALL HAVE THOSE POWERS, DUTIES AND FUNCTIONS AS SET FORTH IN SAID STATUTES AND AS OTHERWISE ALLOWED BY LAW. NOW, THEREFORE, IT IS HEREBY AGREED BY AND BETWEEN COUNTY, ARKANSAS CITY, COLLEGE, WINFIELD, AND BUSINESS PARTNERS AS FOLLOWS: SECTION ONE Retention of County To Maintain & Coordinate the Cowley First Program. The parties to this agreement do hereby retain County for the purposes of maintaining and coordinating the Cowley First program consisting of paid staff and collaborative efforts with participating member organizations to support and promote the economic development of Cowley County. County will retain and/or assign staff and coordinate the collaborative efforts of participating members to operate the program and to ensure that the responsibilities of the Cowley First program are carried out in an efficient and effective manner to the extent of the resources provided under this agreement. County shall through a combination of paid staff and collaborative efforts with participating member organizations maintain and coordinate the Cowley First program to foster and achieve the following:

1. To maintain a business climate conducive to the expansion and retention of existing businesses and industry within Cowley County. Maintain regular contact with firms within the communities, industrial parks and county to determine if there are opportunities with which the program might assist.

2. To promote, support and encourage creative local entrepreneurship, business incubation & small business development efforts to stimulate the start up of new businesses and industrial enterprises in the county that will import wealth into the local economy. To work with local school districts, universities, & community leaders to create entrepreneurship education programs & to enhance the local entrepreneurship culture.

3. To work with program partners to strengthen the quality and quantity of the local workforce.

4. To undertake targeted business recruitment efforts and to provide information and coordinate site

visits for firms that might wish to investigate Cowley County as a desirable location in which to locate a new business operation. This activity will include:

a. responding to requests for assistance from the Kansas Department of Commerce as well as

parties to this agreement

b. maintaining a high quality Cowley County Economic Development program website

c. developing, printing and distributing information pertinent to attracting new business and industrial firms to the county

d. providing a point of contact for phone calls, faxes, email, letters and personal visits relating to

economic development

5. To encourage rural development through the expansion of tourism activities and initiatives in agritourism.

6. To assist community partners in their efforts to implement quality of life initiatives and efforts to

enhance community appeal.

7. To work with program partners to formulate and execute strategic & long-range plans to enhance the economic viability and quality of life in Cowley County.

SECTION TWO Program Governance 1. Coordinating Council: An eight (8) member Coordinating Council composed of a representative from each of Arkansas City, College, County, Winfield, RCB Bank, and Union State Bank, with two additional selected at-large representatives appointed by them, will make up the Coordinating Council and shall act as an executive committee for the Cowley First program. The Coordinating Council, by mutual agreement, may amend the membership of the Council to adapt to program priorities and changing circumstances. 2. Economic Development Advisory Committee: To advise and assist County in maintaining and coordinating the Cowley First program a Cowley County Economic Development Advisory Committee shall be

appointed. The Advisory Committee shall consist of the members of the Coordinating Council and one representative selected by each participating member organization listed below. The Coordinating Council, by mutual agreement, may amend the membership of the Economic Development Advisory Committee from time to time to reflect program priorities and to adjust to changing circumstances. l. Arkansas City Area Chamber of Commerce 2. Ark City Industries 3. Southwestern College 4. Strother Field 5. Winfield Area Chamber of Commerce 6. Winfield Economic Development 7. At-Large Rural Eastern Cowley County – Selected by Advisory Committee

8. A-Large Rural Northern Cowley County – Selected by Advisory Committee 9. At-Large Industry/Entrepreneur Member – Selected by Advisory Committee 10. At-Large Industry/Entrepreneur Member – Selected by Advisory Committee 11. At-Large General Member – Selected by Advisory Committee 12. At-Large General Member – Selected by Advisory Committee 13. At-Large General Member – Selected by Advisory Committee

SECTION THREE Reports and Funding County will provide quarterly reports to the parties to this agreement and the participating member organizations on the activities and accomplishments under this agreement as well as the expenses for operation of Cowley First. It will also provide an annual report to the parties in May along with its request for funding for the following year’s operation. The Cowley First Director shall, each year, develop a budget setting forth the anticipated fiscal requirements of Cowley First and the anticipated revenues to defray those expenses. It shall submit the budget to the Coordinating Council each year for review and approval. Upon approval of the budget by the parties of this agreement, the cost of the budget not offset by other revenues shall be split equally between County, Arkansas City, Winfield and Business Partners. Funds received from College will be credited toward balance due by Business Partners. In determining the cost share of the budget the parties may consider the provision of office equipment, shared staff and other in-kind support as a part of its contribution to the operation of Cowley First. Payments to County shall be made quarterly in advance. In administering the budget of the program, County shall handle all disbursements and expenses in accordance with its normal accounting and disbursement procedures and will maintain sufficient records to determine the expenses incurred in fulfilling its responsibilities under this agreement. SECTION FOUR Term of Agreement, Termination. This agreement shall operate from and after the date first above written until December 3l, 2022. This agreement may be extended for an additional three (3) year period upon approval of all parties to the agreement. Any of the parties hereto may withdraw from this agreement by giving the other parties and the Coordinating Council written notice. Any party so withdrawing from this agreement by August 25th shall be obligated to pay its proportionate share as set forth in Section Three for the remainder of the calendar year.

Any party so withdrawing from this agreement after August 25th shall pay its proportionate share for the remainder of the adopted budget year(s) following the date of notice of withdrawal from this agreement. The agreement may also be terminated by mutual agreement of all parties to the agreement. Upon termination, all assets and liabilities of Cowley First shall be identified and a closure agreement shall be negotiated by all parties and each will assume an equal share of the value and liability of the program or some other share if mutually agreed upon by all parties. SECTION FIVE Approval and Authorization The Arkansas City, County, College, Winfield, and Business Partners as officially represented by RCB Bank and Union State Bank warrant and represent by execution of this agreement that this agreement has been approved by their governing bodies and by their legal counsel and that the agreement constitutes a legal, valid and binding obligation upon Arkansas City, College, County, Winfield, and Business Partners in accordance with its terms. SECTION SIX Notices Any notice, request, demand or other communication required by this agreement shall be in writing and shall be deemed duly given if personally delivered or mailed by certified or registered mail, return receipt requested, postage prepaid to the following recipients and addresses: City of Arkansas City Board of City Commissioners P.O. Box 778 Arkansas City, KS 67005 City of Winfield Board of City Commissioners P.O. Box 646 Winfield, KS 67156 Cowley County Board of County Commissioners 311 E. 9th Avenue Winfield, KS 67156 Cowley College President 125 S. Second Ave. Arkansas City, KS 67005 RCB Bank

President & CEO P.O. Box 545 Winfield, KS 67156 Union State Bank Chairman & CEO P.O. Box 928 Arkansas City, KS 67005-0928 SECTION SEVEN Amendments This agreement may be amended in any or all respects but only by express, written agreement of the parties thereto authorized by action of the governing bodies of each of the parties in the same manner as the original agreement was approved and in accordance with the requirements of the Kansas Interlocal Cooperation Act.

SECTION EIGHT Binding Effect This agreement shall be binding upon and the benefits inured to the parties hereto and their respective representatives, heirs, successors and assigns. SECTION NINE Applicable Law This agreement shall be governed and construed in accordance with the laws of the State of Kansas. SECTION TEN Venue It is agreed by and between the parties that should any legal dispute arise concerning the validity and the effect of this agreement, or any breach of the agreement then the venue for such dispute shall be in the District Court of Cowley County, Kansas. SECTION ELEVEN Severance If any section, subsection, paragraph, sentence, clause, phrase of this agreement should be determined to be invalid for any reason whatsoever by a court of competent jurisdiction such decision shall not affect the remaining provisions of the agreement, which shall remain in full force and effect and to this end the provisions

of this agreement are hereby declared to be severable and shall be presumed to have been agreed upon knowing that the part or section declared invalid would be so declared. SECTION TWELVE Effective Date

This agreement shall take effect on the date first written above and be in force upon its execution by all parties hereto and upon approval by the Attorney General of the State of Kansas and upon filing of the agreement with the Register of Deeds of Cowley County and the Kansas Secretary of State. SECTION THIRTEEN Sole and Only Agreement This agreement constitutes the entire and total agreement by and between the parties hereto with respect to the subject matter hereof, and as such it hereby supersedes any and all prior agreements, negotiations or discussions pertaining thereto.

IN WITNESS WHEREOF, the parties hereto have caused this interlocal cooperation agreement to be executed as of the date first written above and do hereby bind themselves to the faithful performance according to the terms and conditions as hereinabove set forth. ------------------------------------------------------------------------------------------------------------------- ________________________________________ ATTEST: Duane L. Oestmann, Mayor City of Arkansas City _______________________________ Lesley A. Shook, Arkansas City City Clerk

Reviewed and approved for form by: _______________________________ Tamara Niles, Arkansas City Attorney ------------------------------------------------------------------------------------------------------------------

IN WITNESS WHEREOF, the parties hereto have caused this interlocal cooperation agreement to be executed as of the date first written above and do hereby bind themselves to the faithful performance according to the terms and conditions as hereinabove set forth. ------------------------------------------------------------------------------------------------------------------- _______________________________________ ATTEST: Brenda Butters, Mayor City of Winfield _______________________________

Brenda Peters, Winfield City Clerk Reviewed and approved for form by: _______________________________ William E. Muret, Winfield City Attorney ------------------------------------------------------------------------------------------------------------------

IN WITNESS WHEREOF, the parties hereto have caused this interlocal cooperation agreement to be executed as of the date first written above and do hereby bind themselves to the faithful performance according to the terms and conditions as hereinabove set forth. ------------------------------------------------------------------------------------------------------------------- _______________________________________ ATTEST: Wayne Wilt, Chairman Cowley County Board of Commissioners _______________________________ Karen D. Madison, County Clerk Reviewed and approved for form by: _______________________________ Mark Krusor, County Counselor ------------------------------------------------------------------------------------------------------------------

IN WITNESS WHEREOF, the parties hereto have caused this interlocal cooperation agreement to be executed as of the date first written above and do hereby bind themselves to the faithful performance according to the terms and conditions as hereinabove set forth. ------------------------------------------------------------------------------------------------------------------- _______________________________________ ATTEST: Dr. Dennis Rittle, President Cowley College _______________________________ Tiffany Vollmer, Board Clerk Reviewed and approved for form by: _______________________________ Davis W. Andreas, Board Attorney

IN WITNESS WHEREOF, the parties hereto have caused this interlocal cooperation agreement to be executed as of the date first written above and do hereby bind themselves to the faithful performance according to the terms and conditions as hereinabove set forth. ------------------------------------------------------------------------------------------------------------------- ATTEST: Lonnie McCullough, President RCB Bank Raven Nuss, Secretary

IN WITNESS WHEREOF, the parties hereto have caused this interlocal cooperation agreement to be executed as of the date first written above and do hereby bind themselves to the faithful performance according to the terms and conditions as hereinabove set forth. ------------------------------------------------------------------------------------------------------------------- ATTEST: Eric Kurtz, President & CEO Union State Bank David Marshall, Secretary --------------------------------------------------------------------------------------------------------------------

The foregoing interlocal cooperation agreement for the creation and participation in the Cowley County Economic Development Agency is hereby approved in accordance with KSA 12-2901 et seq. on this _______ day of _________________, 2011.

__________________________________________ Derek Schmidt, Attorney General, State of Kansas



Department/Division City Manager / Neighborhood Services

Staff Contacts Nick Hernandez / Andrew Lawson

Title: Consider first reading of an Ordinance modifying Municipal Code Part II, Chapter 14, concerning buildings and building regulations, licensing of tree trimmers, landlords working on residential properties, and the composition of an appeals process for the Building Trades Advisory Board. (Roll Call Vote) Description: The City Commission on May 16 directed City staff to draft a proposal for modifying the composition of the Building Trades Advisory Board. Also, on April 20, the Board voted 5-1 to recommend the adoption of a Class D license for tree trimmers, to include bond and insurance, but not testing or examination. An ordinance was drafted to achieve both goals by creating a definition for tree trimming contractors and proposing that the two general contractor positions on the Board be made at-large positions, which would increase commission flexibility in making those appointments, but keep the board at 9 members. In the process of drafting this ordinance, staff determined there were many provisions in Chapter 14 that were duplicative, outdated, archaic or otherwise unclear. This ordinance attempts to correct those. The ordinance also makes modification to several code provisions to account for the recent Public Works Department reorganization, including the realignment of the Neighborhood Services Division under the City Manager Department, the implementation of the Technical Advisory Committees and the creation of the Quick Problem Resolution (QPR) process. Specifically, the Building Trades Advisory Board appeals process was revised significantly to account for the QPR process and the City Manager’s role. Other changes in this ordinance include the creation of a definition for fire suppression installation contractors, who currently receive Class D licenses from the City; the inclusion of a state roofing registration number requirement for roofing contractors, which accords with a change in state law that never was added into the Municipal Code; and other minor changes to better reflect current administrative practices in the Neighborhood Services Division office. Staff strongly recommends tabling this ordinance for second reading and additional discussion June 20.

Commission Options: 1. Approve the Ordinance on first reading. 2. Table the Ordinance until a second reading June 20. 3. Disapprove the Ordinance.

Fiscal Impact: Amount: Cost of publication Fund: Department: Expense Code:


City Manager

(Published in the Cowley CourierTraveler on _____________________________)

ORDINANCE NO. 2017-06-____

AN ORDINANCE MODIFYING MUNICIPAL CODE PART II, CHAPTER 14, CONCERNING

BUILDINGS AND BUILDING REGULATIONS, LICENSING OF TREE TRIMMERS,

LANDLORDS WORKING ON RESIDENTIAL PROPERTIES, AND THE COMPOSITION OF

AND APPEALS PROCESS FOR THE BUILDING TRADES ADVISORY BOARD.

WHEREAS, the Governing Body of the City of Arkansas City, Kansas, has expressed a desire to

consider modifying the membership and composition of the Building Trades Advisory Board, in order to

allow more participation by citizens at large; and

WHEREAS, the recent Public Works Department reorganization, including the realignment of the

Neighborhood Services Division under the City Manager Department, the implementation of the

Technical Advisory Committees and the creation of the Quick Problem Resolution process, has created a

need to amend Municipal Code to authorize and reference these new organizations and processes; and

WHEREAS, the Building Trades Advisory Board voted 5-1 on April 20, 2017, to recommend the

adoption of a Class D license for tree trimmers, to include a requirement for sufficient bond and liability

insurance, but not testing or examination, and such license adoption requires Municipal Code to be

amended to include a definition of a limited contractor engaging in tree trimming; and

WHEREAS, the City of Arkansas City, Kansas, currently administers Class D licenses for fire

suppression installation contractors, but no provisions for these licenses nor definition of such contractors

currently exists in Municipal Code, which City staff desires to remedy; and

WHEREAS, as part of its ongoing effort to eliminate duplicative provisions or other minor discrepancies

in Municipal Code, City staff has proposed several other changes throughout the City’s building

regulations to improve clarity and better reflect current administrative practice; and

WHEREAS, the Governing Body of Arkansas City, Kansas, desires to amend Municipal Code to

accomplish all of these aforestated goals.

NOW, THEREFORE, IN CONSIDERATION OF THE AFORESTATED PREMISES, BE IT

ORDAINED BY THE GOVERNING BODY OF THE CITY OF ARKANSAS CITY, KANSAS:

SECTION ONE: AMENDMENT TO MUNICIPAL CODE SECTION 14-40.

The Governing Body of the City of Arkansas City hereby amends Section 14-40 of the Arkansas City

Municipal Code to read as follows (deleted provisions struck through, new provisions in italics):

Sec. 14-40. - Adoption.

(a) The city adopts by reference the following codes, as amended by this Chapter:

(1) International Building Code, 2015 Edition (hereafter "International Building Code"), for

regulating and governing conditions and maintenance of all property, buildings and

structures, including Appendices F, H, and J; by providing the standards for supplied

utilities and facilities and other physical things and conditions essential to ensure the

structures are safe, sanitary and fit for occupation and use; and the condemnation of

buildings and structures unfit for human occupancy and use and the demolition of such

structures, as hereafter set out (published by the International Code Council, Inc., 4051

West Flossmoor Road, Country Club Hills, IL 60478-5795);

(2) International Residential Code for One- and Two-Family Dwellings, 2015 Edition,

including Appendices A—J, and M—P (hereafter "International Residential Code"), for

regulating and governing the construction, alteration, movement, enlargement,

replacement, repair, equipment, location, removal and demolition of detached one- and

two-family dwellings and multiple single-family dwellings (townhouses) not more than

three stories in height with separate means of egress, as hereafter set out (published by

the International Code Council, Inc., 4051 West Flossmoor Road, Country Club Hills, IL

60478-5795);

(3) International Mechanical Code, 2015 Edition, including Appendix A (hereafter

"International Mechanical Code"), regulating and governing the design, construction,

quality of materials, erection, installation, alteration, repair, location, relocation,

replacement and addition to, use or maintenance of mechanical systems in Arkansas City,

as hereafter set out (published by the International Code Council, Inc., 4051 West

Flossmoor Road, Country Club Hills, IL 60478-5795);

(4) International Plumbing Code, 2015 Edition, including Appendices C and E (hereafter

"International Plumbing Code"), regulating and governing the design, construction,

quality of materials, erection, installation, alteration, repair, location, relocation,

replacement, addition to, use or maintenance of plumbing systems, as hereafter set out

(published by the International Code Council, Inc., 4051 West Flossmoor Road, Country

Club Hills, IL 60478-5795);

(5) International Fuel Gas Code, 2015 Edition, including all Appendices (hereafter

"International Fuel Gas Code"), regulating and governing fuel gas systems and gas-fired

appliances, as hereafter set out (published by the International Code Council, Inc., 4051


(6) International Property Maintenance Code, 2015 Edition (hereafter "International Property

Maintenance Code"), regulating and governing the maintenance of existing buildings, as

hereafter set out (published by the International Code Council, Inc., 4051 West

Flossmoor Road, Country Club Hills, IL 60478-5795);

(7) International Existing Building Code, 2015 Edition, including its Appendix (hereafter

"International Existing Building Code"), regulating and governing the repair, alteration,

change of occupancy, addition and relocation of existing buildings, including historic

buildings, as hereafter set out (published by the International Code Council, Inc., 4051


(8) NFPA 70: The National Electrical Code, 2014 Edition, including Appendix H (Article

80), as published by the National Fire Protection Association, One Batterymarch Park,

Quincy, Massachusetts 02169-7471; and the corresponding National Electrical Code

Handbook, Library of Congress; and

(9) International Private Sewage Disposal Code, 2015 Edition (hereafter "International

Private Sewage Disposal Code"), regulating design, installation and inspection of private

sewage disposal systems (published by the International Code Council, Inc., 4051 West

Flossmoor Road, Country Club Hills, IL 60478-5795).

(b) At least one copy of the above-referenced codes shall be maintained on file at the public works

department City Hall, 118 W. Central Ave., Arkansas City, KS 67005, and may be inspected

during regular business hours, the same being adopted as if set out at length herein.

SECTION TWO: AMENDMENT TO MUNICIPAL CODE SECTION 14-41.



Sec. 14-41. - Application.

(a) The provisions of the adopted codes shall apply to the construction, alteration, moving of

buildings, demolition, repair and use of any building or structure within the city, except work

located primarily in a public way, public utility towers and poles, mechanical equipment not

specifically regulated by code, and hydraulic flood control structures.

(b) Master production plans, those submitted to the city for reuse on a minimum of four structures,

must comply with the provisions in this code by September 1, 2012. One copy of an engineer-

stamped truss design, and one engineer-stamped plan set, along with one electronic CD of each,

is required for all master production plans.

SECTION THREE: AMENDMENT TO MUNICIPAL CODE SECTION 14-42.



Sec. 14-42. - Administration.

The following shall supplement the Administration section in each of the following codes:

International Building Code, International Residential Code for One- and Two-Family Dwellings

(hereafter referred to as the International Residential Code), International Mechanical Code, International

Plumbing Code, International Existing Building Code and the International Fuel Gas Code. Any reference

to jurisdiction shall mean the City of Arkansas City Kansas; any reference to the appointed authority shall

mean director of public works city manager (and or his or her designee).

(1) Generally.

a. Title. The regulations contained herein and contained in the codes adopted under

section 14-40, and the other provisions of this chapter, shall be known

collectively as the “city building code,” may be cited as such, and are referred to

in this chapter as “the code.”

b. Referenced codes and standards. Where differences occur between stated

provisions of this chapter, and codes and standards adopted by reference, the

stated provisions of this chapter shall apply. The provisions of the International

Plumbing Code and the International Mechanical Code shall apply to the

installation of the plumbing and mechanical systems and shall be considered as

the specific code. Plumbing Articles 25 through 32 and Mechanical Articles 12

through 24 of the International Residential Code shall be considered as general

requirements. To the extent a conflict exists between the articles in the

International Residential Code and the International Plumbing Code, the

International Mechanical Code, and the International Fuel Gas Code, the

International Residential Code as amended by the city shall apply.

Exception: Where enforcement of a code provision would violate the conditions

of the listing of the equipment or appliance, the conditions of the listing and

manufacturer’s instructions shall apply.

c. Electrical. The provisions of the National Electrical Code shall apply to the

installation of electrical systems, including alterations, repairs, replacement,

equipment, appliances, fixtures, fittings and appurtenances thereto. Provisions of

Article 34 through Article 42 of the International Residential Code shall be

considered as general requirements. To the extent a conflict exists between

Article 34 through Article 42 of the International Residential Code and the

National Electrical Code, the National Electrical Code as adopted and amended

by the city shall apply.

d. International Private Sewage Disposal Code. Where provisions of the

International Private Sewage Disposal Code are applicable, the same shall

reference the Private Sewage Disposal section of the International Plumbing

Code.

(2) Applicability; general. Where, in any specific case, different sections of this code specify

different materials, methods of construction or other requirements, the most restrictive

shall govern. Where there is a conflict between a general requirement and a specific

requirement, the specific requirement shall be applicable. The code enforcement officer

(and his or her designee), is authorized and directed to enforce the provisions of this

code, render interpretations and adopt policies and procedures in order to clarify the

application of the codes’ provisions. Such interpretations and policies shall not have the

effect of waiving requirements specifically provided for in this code.

(3) Permits.

a. Contractor of responsibility; licensing; fees. On construction projects that have

multiple trades and are permitted by a “contractor of responsibility,” one permit

may be applied for and issued for all trades. All building, electrical, plumbing,

and mechanical contractors shall be licensed by the city and identified on the

permit application by name and license number. Fees shall be charged by full

valuation of all work to be performed.

b. Time limitation of application. An application for a permit for any proposed work

shall be deemed to have been abandoned 180 days after the date of filing, unless

such application has been pursued in good faith or a permit has been issued;

except that the code enforcement officer is authorized to grant one or more

extensions of time for additional periods not exceeding 90 days each. The

extension shall be requested in writing and justifiable cause demonstrated.

c. Validity of permit. The issuance or granting of a permit shall not be construed to

be a permit for, or an approval of, any violation of any provisions of this code or

of any other ordinance of the jurisdiction. Permits presuming to give authority to

violate or cancel the provisions of this code or other ordinance of the jurisdiction

shall not be valid. The issuance of a permit based on construction documents and

other data shall not prevent the code enforcement officer from requiring the

correction of errors in the construction documents and other data. The code

enforcement officer is also is authorized to prevent occupancy or use of the

structure when in violation of this code or of any other ordinances of this

jurisdiction.

d. Expiration. Every permit issued shall become invalid unless the work on the site

authorized by such permit is commenced within 180 days after its issuance, or if

the work authorized on the site by such permit is suspended or abandoned for a

period of 180 consecutive days. Work shall be deemed suspended or abandoned

if no inspections for work completed have occurred within such 180-day period.

The code enforcement officer is authorized to grant, in writing, one or more

extensions of time, for periods not more than 180 days each. The extension shall

be requested in writing and justifiable cause demonstrated. Upon expiration of

such extended period, the applicant shall not proceed with any work on the site

until such time as the applicant receives a new building permit, which will

require the applicant to submit a new, complete building permit application,

along with payment of all fees necessary. Any fee refund for the fees paid under

the expired building permit shall be made pursuant to section 108.6 of the

International Building Code.

(4) Fees.

a. Payment of fees. A permit shall not be valid until the fees as set by resolution of

the board of city commissioners have been paid., Nor nor shall an amendment to

a permit be released until the additional fee, if any, has been paid.

b. Plan review fee. When submittal documents are required by this code, a

nonrefundable plan review fee deposit shall be paid at the time of submitting the

submittal documents for plan review. Said plan review fee shall be 65 percent of

the building permit fee, or actual costs for outsourced review may be charged.

1. After plan review is completed, a credit or debit shall be applied to the

building permit as required.

2. The plan review fee is separate from the permit fee, and is in addition to

the permit fee.

3. When submittal documents are incomplete or changed so as to require

additional plan reviews, or when the project involves deferred submittal

items, an additional plan review fee shall be paid.

c. Building permit valuations. The building permit valuation shall be determined by

the code enforcement officer based upon national valuation tables and/or other

relevant documentation. Permit valuations shall include total value of work,

including materials and labor, for which the permit is being issued, such as

electrical, gas, mechanical, plumbing, equipment and permanent systems. The

applicant for the permit shall provide an estimated permit valuation at the time of

application. If, in the opinion of the code enforcement officer, the valuation is

underestimated, the permit shall be denied unless the applicant can provide

detailed documentation to support such valuation.

d. Investigation fees; work without a permit.

1. Investigation. Whenever any work for which a permit is required by this

code has been commenced without first obtaining said permit, a special

investigation shall be made before a permit may be issued for such work.

2. Fee. An investigation fee shall be paid by the person commencing the

work, whether or not a permit is then or subsequently issued.

3. The payment of such investigation fee shall not exempt any person from

compliance with all other provisions of this code, such as obtaining a

permit, or from any penalty prescribed by law.

e. Fee refunds. The code enforcement officer may authorize refunding of any fee

which was erroneously paid or collected erroneously.

1. The code enforcement officer may authorize refunding of not more than

80 percent of the building permit fee paid when no work has been done

under a permit issued in accordance with this code, or when the building

permit has expired.

2. The code enforcement officer may authorize refunding of not more than

80 percent of the plan review fee paid when an application for a permit

for which a plan review fee has been paid is withdrawn or cancelled

canceled before any plan reviewing is done.

3. The code enforcement officer shall not authorize a refund of any fee paid

except on written application filed by the original applicant not later than

180 days after the date of fee payment.

(5) Inspections.

a. Generally. All construction or work for which a permit is required shall be

subject to inspection by the code enforcement officer, and all such construction

or work shall remain accessible and exposed for inspection purposes until

approved by the code enforcement officer. In addition, certain types of

construction shall have continuous inspection as specified in the International

Building Code Article 17, Structural Tests and Special Inspections.

b. Required inspections; rough inspections.

1. Temporary electric construction meter. To be made after all wiring

installations have been made as required in the National Electrical Code,

Article 527, entitled “Temporary Installations,” including specific

installation requirements of Westar Energy or other local Electric

electric Provider provider.

2. Zoning/building code setbacks. A location/elevation certification survey

may be required prior to concrete placement. This wet stamp certification

from a registered design professional must be available at rough

inspections.

3. Trenches, footings, pads and caissons. To be made after trenches are

excavated, forms erected, steel in place and prior to placement of

concrete. Except as otherwise stated herein, the code enforcement officer

shall perform all inspections required by this code. In some cases, this

code requires on-site observation and a stamped written report by a

registered design professional when plans call for drilled piers (caisson)

construction, or other specialty inspections. Observation of the

preparation, reinforcement and placement shall be described in detail in

the written report as prepared by a registered design professional retained

by the permitee permittee.

4. Third-party inspections.

(i) Foundation walls and/or grade beams steel reinforcement. To be

made after all forms are erected, steel in place and prior to

placement of concrete. The registered design professional of

record with prior approval of the code enforcement officer may

perform this inspection.

(ii) Damp-proofing of footing and foundation and/or grade beams of

basement walls. The registered design professional of record

with prior approval of the code enforcement officer may perform

this inspection, which must be completed prior to backfilling.

(iii) Electrical; underground. Within building, inspection to be made

prior to backfilling and/or pouring concrete floor.

(iv) Water service line. Inspection is to be made prior to backfilling.

Test and inspections shall be in accordance with the International

Plumbing Code Section 312.5. Water lines must be inspected by

the code enforcement officer or, with prior approval, third-party

inspections on forms provided by the city.

5. Inspections in geologic hazard areas. At the completion of rough

grading and/or foundation excavation, and prior to the construction of

retaining walls, footings or bearing caissons, a soil engineer and/or an

engineering geologist, within their respective fields of competency, shall

inspect the site at the applicant’s expense and render opinions, in writing,

to the code enforcement officer concerning the soil and geologic

conditions actually encountered, and that all known geologic hazards or

constraints have been taken into account in the design of the facility.

6. Re-inspection. The permittee must pay a re-inspection fee for each

inspection or re-inspection when such portion of work for which

inspection is called is not complete or when corrections called for are not

made.

(i) Re-inspection fees are not required the first time a job is rejected

for failure to comply with the requirements of this code, but

instead shall apply to control the practice of calling for

inspections before the job is ready for such inspection or re-

inspection.

(ii) Re-inspection fees may be assessed when the inspection record

card is not posted or otherwise available on the work site, the

approved plans are not readily available to the inspector, for

failure to provide access on the date for which inspection is

requested, or for deviating from plans requiring the approval of

the code enforcement officer.

(iii) In instances where re-inspection fees are assessed, no additional

inspection of the work will be performed until the required fees

have been paid. A receipt of payment must be posted or available

before receiving additional inspections.

(6) Certificate of occupancy. No building or structure shall be used or occupied, and no

change in the existing occupancy classification of a building or structure, or portion

thereof, shall be made until the code enforcement officer has issued a certificate of

occupancy.

(7) Temporary certificate of occupancy.

a. Temporary occupancy. The code enforcement officer is hereby authorized to

issue a temporary certificate of occupancy (TCO) before completion of the entire

work covered by the permit, provided that such portion or portions shall be

occupied safely and there will be no danger to the public. The code enforcement

officer shall set a time period during which the TCO is valid. The full certificate

of occupancy (“CO”) must be obtained prior to the expiration of the TCO. If the

conditions of the TCO are not met and a CO is not obtained, the right to occupy

immediately ceases and the premises must be vacated.

b. Certificate of compliance. When permitted work is not designed for occupancy,

upon proper project completion, the code enforcement officer will shall issue a

certificate stating that materials and products meet specified standards or that

work was done in compliance with approved construction documents.

SECTION FOUR: AMENDMENT TO MUNICIPAL CODE SECTION 14-43.



Sec. 14-43. - Amendments to the International Building Code.

The following amendments, additions and deletions are made to the International Building Code:

(1) Section 101.1, Title. Insert: City of Arkansas City.

(2) Delete Section 101.4.6, Energy

(3) Section 109.2 insert: See Arkansas City Comprehensive Fee Schedule for applicable fee

schedule.

(4) Delete Section 105.2 item 2, Fences not over 6 feet high.

(5) Section 113.1 insert: The Building Trades Board of the City of Arkansas City, Kansas

[(The Board]) is hereby appointed as the appeals board to hear any appeals made on

decisions of the city code official.

(6) Section 907.2.1 is amended to read: A manual fire alarm system that activates the

occupant notification system in accordance with Section 907.5 shall be installed in Group

A occupancies having an occupant load of 100 or more. Portions of Group E occupancies

occupied for assembly purposes shall be provided with a fire alarm system as required for

the Group E occupancy.

Exception: Manual fire alarm boxes are not required where the building is equipped

throughout with an automatic sprinkler system installed in accordance with section

903.3.1.1 and the occupant notification appliances will activate throughout the

notification zones upon sprinkler waterflow.

(7) Section 1612.3 insert: City of Arkansas City, Kansas.

(8) Section 1809.5.1 is amended to read: Extending 6 inches below the frost line of the

locality.

(9) Section 101.4.6, Energy, is deleted in its entirety.

SECTION FIVE: AMENDMENT TO MUNICIPAL CODE SECTION 14-44.



Sec. 14-44. - Amendments to the International Residential Code.

(a) The following amendments and additions are made to the International Residential Code:

(1) Section R101.1 insert: City of Arkansas City, Kansas.

(2) Section R108.2 insert: See Arkansas City Comprehensive Fee Schedule for applicable fee

schedule.

(3) Section R112.1 insert: The Building Trades Board of the City of Arkansas City, Kansas

[(The Board]) is hereby appointed as the appeals board to hear any appeals made on


(4) Section R301.2. Climatic and Geographic Design Criteria. Table R301.2 (1) is amended

to read as the following Table:

Design Criteria, R301.2 (1) Climatic and Geographic

Roof snow load 15 lbs./sq. ft.

Wind speed Less than 115 MPH

Seismic design category A

Weathering Severe

Frost line depth 24 inches

Termite hazard Moderate to heavy

Decay hazard Slight to moderate

Winter design temperature 0 Degrees

Ice shield underlayment required No

Flood hazard criteria FIRM; October 19, 2010

Air freezing index 600

Mean annual temperature 58 degrees Fahrenheit

(5) Section R313 Automatic Fire Sprinkler Systems is amended by replacing the word shall

with the word may in sections R313.1 and R313.2.

(6) Section R908.3.1.1 Condition 3 is amended to read as follows: Shall have no more than 1

layer for asphalt shingles.

(7) Section M1602.2 Return Air Openings is amended by deleting: #2. The amount of return

air taken from any room or space shall be not greater than the flow rate of the supply air

delivered to such room or space.

(8) Section M2003.2 Minimum Capacity is amended by adding the phrase to the end of the

sentence; or as determined by the design professional.

(9) Section G2414.5 (403.5) Metallic Tubing, is amended to read: Steel tubing shall be

permitted to be used with gases not corrosive to such material.

(10) Section G2417.1.4 (406.1.4) Section Testing, is amended by deleting the sentence: Under

no circumstances shall a valve be used as a bulkhead between gas in one section of the

piping system and test medium in an adjacent section.

(11) Section P2502.1 Existing building sewers and drains, is amended to read: Existing

building sewers and drains shall be used in connection with new systems when found by

examination and/or test to conform to the requirements prescribed by this document.

(12) Section P2503.4 Building sewer testing, is amended to read: The building sewer may be

tested by insertion of a test plug at the point of connection with the public sewer, filling

the building sewer with water and pressurizing the sewer to not less than 10-foot (3048

mm) head of water. The pressure shall not decrease during a period of not less than 15

minutes. The building sewer shall be watertight at all points.

(13) Section P2603.4, the last sentence in this section is amended to read: The sleeve shall

have an inside diameter of at least one-half inch (1/2”) larger than the outside diameter of

the pipe passing through it.

(14) Section P2603.5.1, the last sentence in this section is amended by inserting the number

“12 inches” and again “12 inches”.

(15) Section P2801.6.1 Pan size and drain, is amended by striking the reference to Table

P2906.5 and inserting Table P2906.4.

(16) Section P2906. Separation of water service and building sewer, is amended by amending

the last sentence of the section to read: The required separation distance shall not apply

where the bottom of the water service pipe that is located within 5 feet (1524 mm) of the

sewer is not less than 24 inches (610 mm) above the highest point of the top of the

building sewer.

(17) Section P2906.4 is amended by adding a new section: Section 2906.4.2 Tracer wire: For

the purpose of locating the building service lines, all new or replacement installations

using non-metallic pipe or tubing shall have a #12 THHW copper conductor, or

equivalent, tracer wire installed with the service line. The tracer wire shall be installed as

follows: For water lines, the tracer wire shall extend six (6) inches above the meter box

cover through the meter box to the point of entry into the building where it shall be

connected to a one half (1/2) pound anode or larger. For yard hydrants, the tracer wire

shall extend six (6) inches above the surface of the ground at the backflow device to the

point of connection to the water service where it shall be connected to an existing tracer

wire or grounded to a one half (1/2) pound anode or larger. For lawn sprinklers, the tracer

wire shall extend six (6) inches above the surface of the ground at the backflow device to

the point of connection to the water service where it shall be connected to an existing

tracer wire or grounded to a one half (1/2) pound anode or larger. Exception: The tracer

wire may be omitted on lawn sprinkler piping installed after the backflow device located

on private property.

(18) Section P2906.5. Hot and cold water branch lines is amended by adding the following

sentence: Hot and cold water branch lines connected to within 18 inches of the water

heater connection shall be of brass, K, L, or M copper or galvanized steel, or an approved

metallic water heater connector.

(19) Section P3002.2 Building Sewer is amended by adding a new section: Section P3002.2.2

Tracer wire: For the purpose of locating building sewers, all new installation and

replacements shall have a #12 THHW copper conductor or equivalent tracer wire

installed with the sewer line. The tracer wire shall extend six (6) inches above the surface

of the ground at the cleanout to the tap, where it shall be connected to an existing tracer

wire or grounded to a one half (1/2) pound anode or larger at the sewer tap or at the

downstream end of the replaced sewer line.

(20) Section 3005.2.6 Cleanout plugs is amended to read: Cleanout plugs shall be copper

alloy, plastic or other approved materials. Cleanout plugs for borosilicate glass piping

systems shall be of borosilicate glass. Brass cleanout plugs shall conform to ASTM A74.

Plastic cleanout plugs shall conform to the reference standards for plastic pipe fittings as

indicated in Table P3002.3. Cleanout plugs shall have a raised square head, a countersunk

square head, or a countersunk slot head. Where a cleanout plug will have a trim cover

screw installed into the plug, the plug shall be manufactured with a blind end threaded

hole for such purpose.

(21) Section P3114.3 Where permitted is amended by adding the following statement:

Permission shall be required from the building official and noted on the Plumbing Permit.

(22) E3406.3 Minimum size of conductors is amended to read as follows: The minimum size

of conductors for feeders and branch circuits shall be #12 AWG copper and #6 AWG

aluminum. The minimum size of service conductors shall be as specified in Chapter 36.

The minimum size of Class 2 remote control signaling and power-limited circuit

conductors shall be as specified in Chapter 43. [310.106(A)].

(23) Section E3601.6.2 Service disconnect location is amended to read: The service

disconnecting means with overcurrent protection shall be installed at a readily accessible

location outside of the building. Each occupant shall have access to the disconnect

serving the dwelling unit in which they reside.

(24) Section 3604.2.2 Vertical Clearance from grade is amended to read: Overhead service or

feeder conductors shall have the following minimum clearances from final grade:

a. For conductors supported on and cabled together with a grounded bare

messenger wire, the minimum vertical clearance shall be 10 feet (3048 mm) at

the electric service or feeder entrance to the buildings or structures at the lowest

point of the drip loop of the structure electric entrance and above areas or

sidewalks accessed by pedestrians only. Such clearance shall be measured from

the final grade or other accessible surfaces.

b. Twelve feet (3653 mm) — over residential property or sidewalks accessed by

pedestrians only.

c. Fifteen feet (4500 mm) — over residential property or residential driveways

subject to vehicular traffic.

d. Eighteen feet (5486 mm) — over public streets, alleys, roads or parking areas

subject to truck traffic. [230.24 (B) (1), (2), (3) and (4)].

(25) Section E3604.5.1 Strength is amended to read: The service mast shall be of adequate

strength or shall be supported by braces or guys to safely withstand the strain imposed by

the service-drop or overhead service conductors and in no case are smaller than a 2 2-

inch ridge conduit. Hubs intended for use with a conduit that serves as a service mast

shall be identified for use with service-entrance equipment.

(26) Section E3608.1 Grounding electrode system is amended by adding the following

statement: On all new construction, one or more of the electrodes specified in E3608.1.1

through E3608.1.3 shall be made available.

(27) Table E3702.14 Branch Circuit Requirements - Summary, Circuit Rating 15 amp:

Conductor is amended by deleting #14 AWG Wire and inserting #12 AWG wire.

(28) Section E3706 Panelboards is amended by adding a new section: Section E3706.6

Panelboard Size: The panelboard shall be of a size large enough to allow the installation

of all circuit overcurrent devices required for the present installation and a minimum of

four (4) extra spaces for future use.

(29) Section E4002.14 Tamper-resistant receptacles is amended by adding a new exception:

Exception 4. A single or duplex receptacle used for countertop appliances or other

electric devices where such receptacles are located over as standard height and size

countertop.

(a) The following sections of the International Residential Code are deleted:

(1) Section R303.4 Mechanical Ventilation.

(2) Chapter 11 Energy Efficiency.

(3) Section M1411.8 Locking access port caps.

(4) Section G2414.5.2 (403.5.2) Copper, copper alloy tubing.

SECTION SIX: AMENDMENT TO MUNICIPAL CODE SECTION 14-45.



Sec. 14-45. - Amendments to the International Plumbing Code.

(a) The following amendments and additions are made to the International Plumbing Code:


(2) Section 106.6.2 insert: See Arkansas City Comprehensive Fee Schedule for applicable

fee schedule.

(3) Section 109.2 is amended to read: The Building Trades Board of the City of Arkansas

City, Kansas [(The Board]) is hereby appointed as the appeals board to hear any appeals

made on decisions of the city code official.

(4) Section 109.6 is amended to read: The Board may modify or reverse the decision of the

code official by majority vote of a quorum.

(5) Section 305.5 is amended to read in its entirety as follows: Pipes through or under

footings or foundation walls. Any pipe that passes under a footing or through a

foundation wall shall be provided with a relieving arch, or a pipe sleeve pipe shall be

built into the foundation wall. The sleeve shall be ½ inch greater in size than the pipe

passing through the wall.

(6) Section 305.4.1 this section is amended by inserting the number “12 inches” and again

“12 inches”.

(7) Section 503 is amended by adding a new section:

Section 503.3 Hot and cold water branch lines connected to and within 18 inches of the

water heater connection shall be of brass, K, L, or M copper or galvanized steel, or an

approved metallic water heater connector.

(8) Section 603.2 is amended by amending the last sentence of the section to read: The

required separation distance shall not apply where the bottom of the water service pipe

that is located within 5 feet (1524 mm) of the sewer is not less than 24 inches (610 mm)

above the highest point of the top of the building sewer.

(9) Section 603 is amended by adding: Section 603.3 Tracer wire: For the purpose of

locating building sewer lines, all new and replacement installations using non-metallic

pipe or tubing shall have a #12 THHW copper conductor or equivalent tracer wire

installed with the service line. The tracer wire shall be installed as follows:

Water line: The tracer wire shall extend from six (6) inches above the meter box cover

through the meter box to the point where it enters the building where it shall be connected

to a one half (1/2) pound anode or larger.

Yard hydrant: the The tracer wire shall extend six (6) inches above the surface of the

ground at the yard hydrant to a point of connection to the water service, where it shall be

connected to an existing tracer wire or grounded to a one half (1/2) pound anode or

larger.

Lawn sprinkler: The tracer wire shall extend from six (6) inches above the surface of the

ground at the backflow device to a point of connection to the water service, where it shall

be connected to an existing tracer wire or grounded to a one half (1/2) pound anode or

larger.

Exception: The tracer wire may be omitted on the lawn sprinkler piping installed after the

backflow device located on private property.

(10) Section 608.1 is amended by adding: In addition to the requirements covered by this

section; all water supply systems connected to a public water system shall comply with

Article IV Water Supply Cross Connections Sections 78-141 through Section 78-174.

(11) Section 608.15.4 is amended by adding: Section 608.15.4.3 Yard Hydrants. When

installed, water piping shall be ridge type “K” copper, brass or galvanized pipe for a

distance of 6 inches on both sides of the hydrant (freeze proof), or a minimum 6 6-inch

extension of type “K” copper, brass or galvanized pipe attached before the yard hydrant

(freeze Proof proof). Adequate rock or gravel shall be installed at the base of the hydrant

to allow for a drainage field for the hydrant drain. Hydrants shall be fitted with a non-

removable hose bib vacuum breaker and the weep hole shall be fitted with a 1/8 1/8-inch

Elbow elbow and a short nipple. Hydrants shall be supported by steel tee post and

attached to the tee post by a minimum 2 stainless steel bands. Bands shall be installed 6

inches above finished grade and within 6 inches of the hydrant head.

(12) Section 703.1 is amended to read: Where the building sewer is installed within 5 feet

(1524 mm) of water service, as provided for in section 603.2, the building sewer pipe

shall conform to one of the standards for ABS plastic pipe, copper or copper-alloy tubing,

or PVC plastic pipe listed in Table 702.3.


Section 703.7 Tracer wire ; For the purpose of locating building sewers, all new

installations and replacements shall have a #12 THHW or equivalent tracer wire installed

with the sewer. The tracer wire shall extend from the surface of the ground at the

cleanout to the tap, where it shall be connected to an existing tracer wire or grounded to a

one half (1/2) pound anode or larger.

(14) Section 715.1 Sewage backflow is amended to read; All new or replacement building

sewer shall include a backflow prevention device. The backflow prevention device shall

be installed as close to the building as is practical and upstream of the cleanout, and shall

be made accessible for periodic cleaning by the building owner.

Section 715.1.1 Existing building sewers ; when repairs to an existing building include

the removal of a house trap of replacement of 5 feet of drain line and/or installation of a

cleanout, the backflow prevention device shall be installed as close to the building as

practical and upstream of the cleanout.

Exception: Backflow prevention device may only be omitted if approved by the authority

having jurisdiction.

(15) Section 903.1 amended by insertion of six inches (6).

(16) Section 918.3 is amended by adding; when permitted, permission shall be required from

the building official and noted on the Plumbing Permit.

(b) The following sections of the International Plumbing Code, 2015 Edition, are deleted:

(1) Section 109.2.1 Qualifications

(2) Section 109.2.2 Alternate members

(3) Section 109.6.1 Resolution

SECTION SEVEN: AMENDMENT TO MUNICIPAL CODE SECTION 14-46.



Sec. 14-46. - Amendments to the International Property Maintenance Code.

The following amendments and deletions are made to the International Property Maintenance Code:

;h1; Section 101.1 is amended to insert: City of Arkansas City, Kansas.

Section 102.6 is amended to read in its entirety as follows:

Historic buildings. Except as provided by Section 304.13.3, the provisions of this code

shall not be mandatory for existing buildings or structures designated as historic buildings

when such buildings or structures are judged by the code official to be safe and in the

public interest of health, safety, and welfare.

Section 107.2 is amended to read in its entirety as follows, which — in additional to Section

302.4 — shall constitute the City of Arkansas City’s weed removal and notification

procedure pursuant to Kan. Stat. Ann. 12-1617f:

Such notice prescribed in Section 107.1 shall:

1. Be in writing;

2. Include a description of the real estate sufficient for identification;

3. Include a statement of the violation or violations and why the notice is being issued;

4. Include a correction order allowing a reasonable time to make the repairs and

improvements required to bring the dwelling unit or structure into compliance with the

provisions of this code;

5. Inform the owner or occupier that they may be issued a notice to appear in Municipal

Court if the violation is not 1 []

corrected ;

6. Comply with other provisions of Kan. Stat. Ann. 12-1617f, if the City intends to assess

the costs of weed abatement to the parcel; and

7. Include a statement of the right to file a lien in accordance with Section 106.3.

Section 111 is amended to read in its entirety as follows:

The city code official may issue a notice to appear in Municipal Court for all violations of

this code.


Any person who shall continue any work after having been served with a stop work

order, except such work as that person is directed to perform to remove a violation or

unsafe condition, shall be fined in an amount set by resolution of the board of city

commissioners. 2 []

Section 302.4 is amended to insert: 12 inches

Section 304.14 is amended to insert: January 1, December 31.

Section 304.13.3 is added to read as follows:

Windows:

(1) All window frames or other openings in the wall of a structure for a window

(hereafter collectively “window frame”) shall be filled, in compliance with

applicable building and housing codes, with material capable of closing and

sealing the entire window frame to bar access to the structure from pests, rodents,

insects, birds, or other animals.

(2) When removing or replacing material, including but not limited to, glass, wood

products, metal, or corrugated filler, within any window frame, the material shall

be replaced with a material capable of closing and sealing the entire window

opening, and consisting of:

(a) A rigid and transparent material, excluding Plexiglas;

(b) A decorative or tinted pane or panes of glass; or

(c) The same material as contained in the original construction of the

structure, or a modern, improved material that has the same appearance

as that in the original construction.

(3) If otherwise in compliance with applicable building and zoning codes, in lieu of

the requirements set forth above, windows may be permanently removed

permanently by closing the opening with the same material and color as the

surrounding exterior of the building, so that the wall does not appear to contain

the window and window frame. If the same material and color are not available,

upon written request, the code enforcement officer may approve an alternative

material and/or color that meet the intent and objective of this section, upon

written request.



SECTION EIGHT: AMENDMENT TO MUNICIPAL CODE SECTION 14-47.



Sec. 14-47. - Amendments to the International Fuel Gas Code.

(a) The following amendments and additions are made to the International Fuel Gas Code:

(1) Section 101.1 Insert: City of Arkansas City, Kansas.


fee schedule.


City [(The Board]) is hereby appointed as the “Appeals Board” to hear any appeals made

on of decisions of the city code official.

(4) Section 109.6 Board decision is amended to read: The Board may modify or reverse the

decision of the city code official by a majority vote of a quorum.

(5) Section 403.5 is amended to read: Seamless aluminum alloy and steel tubing shall not be

used with gases corrosive to such material.

(6) Section 406.1.4 Section Testing is amended by deleting the sentence: Under no

circumstances shall a valve be used as a bulkhead between gas in one section of the

piping system and test medium in an adjacent section, except where a double block and

bleed valve system is installed.

(b) The following sections of the International Fuel Gas Code are deleted:




(4) Section 403.4.3 Copper and brass

(5) Section 403.5.2 Copper and brass tubing

SECTION NINE: AMENDMENT TO MUNICIPAL CODE SECTION 14-48.



Sec. 14-48. - Amendments to the National Electrical Code.

(a) The following amendments are made to the National Electrical Code:

1. Article 80 Administration and Enforcement (Appendix H)

(1) Article 80.15 (A) through (F) is deleted and amended to read: The Building

Trades Board of the City of Arkansas City, Kansas is hereby appointed as the

[(The Board]).

(2) Article 80.19 (F) (3) insert: 2 business.

(3) Article 80.23 (3) insert: one hundred, 100.00, five hundred, 500.00, one, 1, thirty,

30.

(4) Article 80.25 (C) insert: 2.

(5) Article 80.29 Insert: jurisdiction.

(6) Article 80.35 Insert: thirty, 30.

2. Article 210, Branch Circuits

(1) Article 210.19 Conductors—Minimum Ampacity and Size. (1) General, is

amended to read:

Branch circuit and small feeder conductors shall be of No. 12 A.W.G. or larger

and shall be copper. Exception: No. 6 or larger stranded aluminum or copper clad

aluminum may be used when properly treated against corrosion with an approved

compound and used with approved connectors. Branch-circuit conductors shall

have an ampacity not less than the maximum load to be served. Conductors shall

be sized to carry not less than the larger of 210.19 (A)(1)(a) or (b).

(a) Where a branch circuit supplies continuous loads or any combination of

continuous and non-continuous loads, the minimum branch-circuit

conductor size shall have an allowable ampacity not less than the non-

continuous load plus 125 percent of the continuous load.

(b) The minimum branch-circuit conductor size shall have an allowable

ampacity not less than the maximum load to be served after the

application of any adjustment of correction factors.

Exception: If the assembly, including the overcurrent devices protecting the

branch-circuit(s), is listed for operation at 100 percent of its rating, the allowable

ampacity of the branch-circuit conductors shall be permitted to be not less than

the sum of the continuous load plus the non-continuous load.

(2) Table 210.24 Summary of Branch-Circuit Requirement, Circuit Rating 15 A -

Circuit wires is amended by deleting 14 and inserting 12.

3. Article 225, Outside Branch Circuits and Feeders

(1) Article 225.17 Masts as Support is amended to read:

Only feeder or branch-circuit conductors specified within this section shall be

permitted to be attached to the feeder and/or branch-circuit mast. Mast used for

the support of final spans of feeders or branch circuits shall be a minimum of two

(2) inch galvanized rigid steel or greater and shall be installed in accordance with

225.17(A) and (B).

(2) Article 225.18 is amended by amending item (2) to read as follows:

(2) 4.5 m (15 ft.) — over residential property and driveways and those

commercial areas not subject to truck traffic where the voltage does not

exceed 300 volts to ground.

4. Article 230, Services

(1) Article 230.24, Clearances, (B) Vertical Clearance from Ground, item (2) is

amended to read as follows:

(2) 4.5 m (15 ft.) — over residential property and driveways and those

commercial areas not subject to truck traffic where the voltage does not

exceed 300 volts to ground.

(2) Article 230.28, Service Masts as Supports, is amended to read as follows:

Only power service-drop or overhead service conductors specified within this

section shall be permitted to be attached to the service mast. Service mast used

for the support of final spans of service drop or overhead service conductors shall

be a minimum of two (2) inch galvanized rigid steel or greater and shall be

installed in accordance with 230.28 (A) and (B).

(3) Article 230.31 (A) General, is amended by adding the following sentence:

Underground service-lateral conductors for 200 200-ampere services or larger

may be installed provided that written approval from local utility provider is

received and shall be installed according to the local utility provider’s ‘“Typical

Permanent Underground Service’” details.

(4) Article 230.43, Wiring Methods for 600 Volts, Nominal, Or Less, is amended by

deleting the following categories:

(1) Open wiring on insulators;

(2) Type IGS cable;

(6) Electrical Nonmetallic tubing (ENT);

(7) Service-entrance cables;

(13) Type MC Cable;

(14) Mineral-insulated, metal-sheathed cable;

(16) liquid-tight flexible nonmetallic conduit.

(6) Article 230.70, (A) (1) Readily Accessible Location, is amended to read as

follows:

The service disconnect shall be installed at a readily accessible location outside

of the building, either directly below or adjacent to the meter socket.

Exception: A shunt trip main breaker may be used when written approval is given

by the Fire Marshal and Building Official. Location of the shunt trip push button

shall be located in a readily accessible location approved by the Fire Marshal.

5. Article 334 Nonmetallic-Sheathed Cable: Types NM, NMC, and NMS

(1) Article 334.10 Uses Permitted, is amended by deleting the following item: (3)

6. Article 362 Electric Nonmetallic Tubing: Type ENT

(1) Article 362.10 Uses Permitted, is amended to read as:

The use of ENT and fittings may be used for the installation of communication and data

cables where enclosed in chases or wall cavity.

7. Article 406 Receptacles, Cord Connectors, and Attachment Plugs (Caps)

(1) Article 406.12 Tamper-Resistant Receptacles, is amended by added a new

exception.

Exception: 5. A single or duplex receptacle used for countertop appliances or

other electric devices where such receptacles are located over a standard height

and size countertop.

8. Article 408 Switchboards and Panelboards

Article 408.54 Number of Overcurrent Devices is amended by adding the following

sentence:

The panelboard shall be of a size large enough to allow the installation of all circuit

overcurrent devices required for the present installation and at least two (2) additional

spaces for two hundred twenty (220) volt two-pole circuit overcurrent devices (4 spaces)

for future use or two (2) additional spaces for two 3-pole overcurrent devices (6 spaces)

for 3 phase panels for future use.

(b) The following sections are deleted in full:

1. Article 80.27 Inspector’s Qualifications

SECTION TEN: AMENDMENT TO MUNICIPAL CODE SECTION 14-49.



Sec. 14-49. - Amendments to the International Mechanical Code.

(a) The following amendments and additions are made to the International Mechanical Code:

(1) Section 101.1 insert: City of Arkansas City, Kansas


fee schedule.

(3) Section 109.2 is amended to read; The Building Trades Board of the City of Arkansas



(4) Section 109.6 is amended to read: The Board may modify or reverse the decision of the

city code official by majority vote of a quorum.

(5) Section 601.5 Return Air Openings is amended by deleting item 3. The amount of return

air taken from any room or space shall be not greater than the flow rate of supply air

delivered to such room or space.

(6) Section 1009.2 Closed-type expansion tanks is amended by adding to the end of the

sentence, or as determined by the design professional.

(7) Section 1102.3 Access port protection is amended to read; Refrigerant access ports shall

be protected by standard port caps whenever refrigerant is added to or recovered from

refrigeration or air-conditioning systems.

(b) The following sections of the International Mechanical Code are deleted:




(4) Section 1101.10 Locking-access port cap

SECTION ELEVEN: AMENDMENT TO MUNICIPAL CODE SECTION 14-50.



Sec. 14-50. - Amendments to the International Existing Building Code.

(a) The following amendments and additions are made to the International Existing Building Code:


(2) Section 108.2 insert: See Arkansas City Comprehensive Fee Schedule for applicable fee

schedule.

(3) Section 112.3 insert: The Building Trades Board of the City of Arkansas City, Kansas

[(The Board]) is hereby appointed as the appeals board to hear any appeals made on of


(4) Section 1401.2 Insert: Effective Date January 1, 2017.

SECTION TWELVE: AMENDMENT TO MUNICIPAL CODE SECTION 14-51.



Sec. 14-51. - Amendments to the International Private Sewage Disposal Code.

(a) The following amendments and additions are made to the International Private Sewage Disposal Code:


(2) Section 101.3. Amend to read: When a private disposal system fails and the public sewer

is available within 300 feet, as provided in section 62-229(d), the private disposal system

shall be abandoned and an approved connection to the public sewer shall be completed,

unless otherwise approved by the city engineer or his or her designee.


fee schedule.




(5) Section 109.6 is amended to read: Limitations on Authority. An application for appeal

shall be based on a claim that the true intent of this code or the rules legally adopted

thereunder have been incorrectly interpreted incorrectly, the provisions of this code do

not fully apply, or an equally good or better form of construction is proposed. The board

shall have no authority to waive requirements of this code.

(b) The following sections of the International Private Sewage Disposal Code are deleted:



(3) 109.2.3

SECTION THIRTEEN: AMENDMENT TO MUNICIPAL CODE SECTION 14-99.



Sec. 14-99. - Permit required.

(a) It is unlawful for any person, firm or corporation to move, haul or transport any house, building,

derrick, or other structure of the height of 16 feet or over, or width of 14 feet or over, or length of 75

feet or over, upon, across, or over any public highway, local street, or alley, within the limits of the

city, upon which public highway, road, street, or alley, any telephone, telegraph, electric light, or

electric power wires or other facilities are in place (collectively utilities), without first obtaining a

permit therefor.

(b) All applicants for a permit shall complete the application form on file with the public works

department city and submit it, to that office along with the fee set by resolution of the board of city

commissioners, and a good and sufficient surety bond in favor of the city in the sum of $10,000.00,

indemnifying the city against any damage to streets and any loss or damage suit resulting from the

failure of such person, firm, or corporation to comply with the provisions of this article or from their

neglect.

(c) Upon receipt of a completed application and permit fee, the code enforcement officer shall investigate

the application, and if the application is true and correct, shall give at least 30 days' notice of the

proposed move to all utilities within the proposed route.

(d) Upon the expiration of 30 days after notice, payment by the applicant of the costs described in section

14-100 below, and the moving of all affected utilities, the code enforcement officer shall issue a permit

for same and within the permit, designate the route for such moving.

(e) The permit holder shall give the code enforcement officer and utilities not less than 24 hours’ advance

notice of the actual date for the move;, provided that should the moving operation be delayed, the

permit holder shall again give such notice again.

(f) All permits shall be valid for six months after the date of issuance.

SECTION FOURTEEN: AMENDMENT TO MUNICIPAL CODE SECTION 14-100.



Sec. 14-100. - Duty of owners.

(a) All utilities owning or operating such wires, cables, or other aerial equipment after service of notice of

the move must remove, raise, or cut such wires, cables, or other aerial equipment as will be necessary

to facilitate applicant’s moving operations within 30 days of notice, and advanced payment or

acceptable surety arrangements in lieu of advanced payment of the costs incurred to accommodate the

applicant's proposed move.

(b) Violation of this section shall render such utility liable to the applicant in an amount not to exceed

$100.00 per day for each day such utility fails and refuses to so accommodate applicant’s moving

operations.

SECTION FIFTEEN: AMENDMENT TO MUNICIPAL CODE SECTION 14-101.



Sec. 14-101. - Molesting wires.

No person, firm, or corporation engaged as principal or employee in moving any house, building,

derrick, or any other structure, shall move, touch, cut, molest, or in any way interfere with telephone,

telegraph, electric light, or electric power wires, or any poles bearing such wires or any other equipment.

SECTION SIXTEEN: AMENDMENT TO MUNICIPAL CODE SECTION 14-102.



Sec. 14-102. - Code enforcement officer to inspect moving operations.

The code enforcement officer shall inspect the progress of the moving of any house, building, derrick

or other structure to ensure the structure is moved in accordance with this article. To protect pavement,

crossings, culverts, drains, or bridges on the route, the code enforcement officer may require the applicant to

properly plank such places properly to prevent damage.

SECTION SEVENTEEN: AMENDMENT TO MUNICIPAL CODE SECTION 14-103.



Sec. 14-103. - Display of lights in barricade.

Any person, firm or corporation engaged in the moving of any building, derrick, or other high or heavy

structure, machine, or thing along, across, or over any street, avenue, alley, or other public property of the city,

shall keep and maintain red lights at night, visible to anyone approaching the building or other structure from

either direction, and shall notify the fire chief and the police chief where the building or structure is stopped for

the night.

SECTION EIGHTEEN: AMENDMENT TO MUNICIPAL CODE SECTION 14-135.



Sec. 14-135. - Lien created on insurance proceeds.

(a) Pursuant to K.S.A. 40-3901 et seq., which is incorporated by reference as if fully set forth herein,

the board of city commissioners hereby creates a lien in favor of the city on the proceeds of any

insurance policy based upon a covered claim payment made for damage or loss to a structure

located within the city, caused by or arising out of fire, explosion, or windstorm, where the

proceeds recoverable for all the loss or damage to the structure under all policies is in excess of

75 percent of the face value of the policy covering such insured structure.

(b) The lien arises upon any unpaid tax, special ad valorem levy, or any other charge imposed upon

real property by or on behalf of the city which is an encumbrance on real property, whether or not

evidenced by written instrument, or such tax, levy, assessment, expense or other charge that has

remained undischarged for at least one year prior to the filing of a proof of loss.

SECTION NINETEEN: AMENDMENT TO MUNICIPAL CODE SECTION 14-136.



Sec. 14-136. - Encumbrances.

(a) Prior to final settlement on any claim covered by this article, the insurer or insurers shall contact

the county treasurer, to determine the amount of any encumbrances against the insured property.

If any, the insurer or insurers shall execute and transmit in an amount equal to that owing under

the encumbrances a draft payable to the county treasurer, to apply to the encumbrance.

(b) Such transfer of proceeds shall be on a pro rata basis by all insurance companies insuring the

property.

SECTION TWENTY: AMENDMENT TO MUNICIPAL CODE SECTION 14-137.



Sec. 14-137. - Procedure.

(a) When final settlement on a covered claim has been reached between the insured and the insurer,

the settlement exceeds 75 percent of the face value of the policy, and the holder of any first real

estate mortgage on the insured property has been paid the amount due under the mortgage, the

insurer shall pay to the city treasurer 15 percent of the covered claim, unless the code

enforcement officer certifies that the damaged structure and debris has been removed or

otherwise made safe and secure. Such payment shall be made on a pro rata basis by insurers, if

more than one. In addition to payment, the insurer shall provide separately to the city the name

and address of the named insured; the total insurance coverage applicable to said structure; and

the amount of the final settlement.

(b) Upon receipt, the city shall send by registered mail a notice to the insured of the requirements of

this article, and that insurance proceeds have been received.

SECTION TWENTY-ONE: AMENDMENT TO MUNICIPAL CODE SECTION 14-160.



Sec. 14-160. - Streets and avenues.

All houses or buildings fronting public streets in the city shall be numbered in conformity with

the following provisions:

(1a) On streets running north and south, the numbering shall commence at the intersection of Central

Avenue with number 100 on the east, side and number 101 on the west side of the street, and

shall increase going north and south, giving each 25 feet a number along the building line to the

intersection to the next street; thence commencing with number 200) on the east side and 201 on

the west side of the streets, and so on through each street;.

(2b) On avenues running east and west, the numbering shall commence at the intersection of Summit

Street with number 100 on the north side and number 101 on the south side of the avenues, and

shall increase going east or and west, giving a number to each 25 feet a number along the

building line to the intersection to the next avenue; thence commencing with number 200 on the

north side and 201 on the south side of the avenue, and so on through each avenue.

SECTION TWENTY-TWO: AMENDMENT TO MUNICIPAL CODE SECTION 14-161.



Sec. 14-161. - Placement.

Buildings shall have approved address numbers, building numbers, or approved building

identification placed in a position that is plainly legible and visible from the street or road fronting the

property. These numbers shall contrast with their background. Address numbers shall be Arabic numbers

or alphabetical letters. Numbers shall be a minimum of four inches (102 mm) high with a minimum

stroke width of ½ inch (12.7 mm). Where access is by means of a private road and the building address

cannot be viewed from the pubic way, a monument, pole, or other sign or means shall be used to identify

the structure.

SECTION TWENTY-THREE: AMENDMENT TO MUNICIPAL CODE SECTION 14-162.



Sec. 14-162. - Assignment.

The public works department neighborhood services division shall assign numbers to all

buildings in conformance with the requirements set forth in this article.

SECTION TWENTY-FOUR: AMENDMENT TO MUNICIPAL CODE SECTION 14-163.



Sec. 14-163. - Exception to system.

The code enforcement officer is authorized to establish exceptions to the numbering system

described in this article as may be necessary by the irregular routing of any street or avenue of the city.

All changes of this nature shall meet the criteria laid out in the adopted subdivision regulations in part III

of this Municipal Code.

SECTION TWENTY-FIVE: AMENDMENT TO MUNICIPAL CODE SECTION 14-195.



Sec. 14-195. - Licensing.

(a) Generally. All contractors described in section 14-196 shall obtain a license and may require

certification or examination prior to working in the city.

(1) An application shall be made in writing to the code enforcement officer, on the form on

file with that office, with the required fee as set by the board of city commissioners. The

code enforcement officer shall forward all initial applications to the building trades board

for review and approval.

(2) A separate contractor’s license is required for contractors engaged in more than one

building trade, h. However, the bonding and insurance requirements are met for all

building trades under one contractor’s license.

(3) All licenses shall be issued for a period of two years, and shall expire on December 31 of

even-numbered years.

(4) Renewal. Renewal fees are due and payable by the date of expiration of the license.

Failure to renew the license by the date of expiration shall require the applicant to apply

for a new license. For any current license that expires May 31, 2013, a renewal license

will be issued for 19 months upon payment of a pro rata renewal fee. Persons not

renewing by January 31 of each odd-numbered year shall have their certificate canceled,

and shall be regarded as new applicants for certification and/or examination and

certification by the board.

(b) Bond requirements. Every electrical, plumbing, private sewage disposal, mechanical, general,

building, residential, and limited contractor shall furnish to the city a good and sufficient surety

bond in the sum of $4,000.00, conditioned that the principal and his or its her employees, agents,

and servants will comply with all of the ordinances of the city, and will hold the city harmless and

free from all loss or damage to persons or property resulting out of negligence or failure of such

persons to use due care in performing any work for which such license is required. Such bond

shall be kept in full force and effect at all times the contractor does work in the city.

(c) Insurance requirements. Contractors must purchase and maintain such insurance as will protect

him them from claims under workers compensation laws, disability benefit laws or other similar

employee benefit laws; from claims for damages because of bodily injury, occupational sickness

or disease, or death of his employees, and claims insured by usual personal injury liability

coverage; from claims for damages because of bodily injury, sickness or death of any person

other than his employees, including claims insured by usual personal injury liability coverage;

and from claims for injury to or destruction of property, including loss of use resulting therefrom,

any or all of which may arise out of or result from contractor’s operations, whether such

operations be by himself the contractor or by any subcontractor, or anyone directly or indirectly

employed by any of them, or for whose acts any of them be legally liable. The insurance shall be

written for not less than:

(1) All electrical, plumbing, private sewage disposal or mechanical contractors shall be

required to carry insurance policies with minimum limitations of coverage as follows:

a. $300,000.00—Personal injury*

b. $600,000.00—Aggregate coverage*

(2) All general and building contractors shall be required to carry insurance policies with

minimum limitations of coverage as follows:

a. $1,000,000.00—Personal injury*

b. $2,000,000.00—Aggregate coverage*

(3) All residential contractors shall be required to carry insurance policies with minimum

limitations of coverage as follows:



(4) All limited contractors shall be required to carry insurance policies with minimum

limitations of coverage as follows:



*or any equivalent thereto.

(5) All contractors must provide workers compensation (as required by law) and shall

include contractual liability insurance. The contractor will file with the city certificates of

such insurance, on a form acceptable to the city; . these These certificates shall contain a

provision that the coverage afforded under the policies shall not be canceled or materially

changed until at least 15 days’ prior written notice has been given provided to the city.

(d) Revocation. The building trades board, upon information received or upon request of the code

enforcement officer, shall have the power and is directed to suspend for a definite time or to

revoke at their discretion any certificate granted pursuant to this article, if after notice and

opportunity to be heard, the person holding such certificate is found guilty by the board of

violating the terms and conditions of this article or this Code code, provided such aggrieved

person may have ten (10) days before having the such certificate revoked, to appeal to the board

of city commissioners for a review of the facts, conditions and circumstances prompting the

building trades board to revoke such license.

SECTION TWENTY-SIX: AMENDMENT TO MUNICIPAL CODE SECTION 14-196.



Sec. 14-196. - Contractors subject to licensure and examination.

The following skilled and qualified tradesmen shall be included in the city’s building trades, and

shall be examined, certified and licensed:

(a) Contractor means any person, firm or corporation, whether a resident or not of this city, which

undertakes with or for another for a fixed sum, fee, or any compensation, or which advertises or

represents to the public to have the ability to undertake or submit a bid or offer to build,

construct, alter, add to, restore, remodel, or replace any building, structure, or construction

project or any part thereof.

(1b) Electrical contractor means any person master electrician, firm, or corporation that is engaged in

the business of installing or repairing electrical wiring and is qualified has a current license

issued by the city or employs master electricians who are qualified to serve the public in the

installation, repairing repair, rewiring, and maintenance of electrical wiring, or any master

electrician, as qualified, hereinabove who associates himself or herself with any person, or

creates any firm, co-partnership, corporation, or combination thereof, for the purposes of

advertising or representing to the public as having capacities in the capacity and/or abilities

ability to undertake or submit a bid or offer to install, construct, alter, or repair, add to, or remove,

restore, or replace any electrical wiring and may employ other electricians, either master or

journeymen journeyman, following filing of a bond and insurance certificate as required in this

article; provided an electrical contractor, having proof of having passed the duly recognized test

as designated by K.S.A. 12-1501 et seq., and upon providing a proper and sufficient bond as well

as public liability and property damage insurance certificates, both as defined in this article, may

be issued an electrical contractor’s certificate and has proof of having passed the duly recognized

test, as designated by K.S.A. 12-1501 et seq.

(2) Contractor means any person, firm or corporation, whether a resident or not of this city, which

undertakes with or for another for a fixed sum, fee or any compensation, or which advertises or

represents to the public to have the ability to undertake or submit a bid or offer to build, construct,

alter, add to, restore, remodel or replace any building, structure or construction project or any part

thereof.

(1) Master electrician means any person who is qualified, equipped, and certified to properly

lay out, plan, and make any installation, repair or maintenance of electrical wiring,

appliances, fixtures, motors and other apparatus requiring electrical current, and holds a

current master electrician’s certificate and license showing him or her to be so qualified,

and has no employees, except as an active member or officer of an electrical contractor;

provided a master electrician, having proof of having passed the duly recognized test as

designated by K.S.A. 12-1501 et seq., shall be issued a master electrician’s certificate.

(32) Journeyman electrician means any person who is qualified, equipped, and certified to do

electrical wiring, electrical repairs, and electrical maintenance or in any way work at the

occupation of electrician for and under the direction of a certified master electrician;

provided, a journeyman, having proof of having passed the duly recognized test as

designated by K.S.A. 12-1501 et seq., shall be issued by the a journeyman electrician’s

certificate.

(c) Plumbing contractor means any master plumber, firm, or corporation that is engaged in the

business of installing or repairing plumbing and has a current license issued by the city or

employs master plumbers who are qualified to serve the public in the installation, repair, and

maintenance of plumbing, or any master plumber as qualified hereinabove who associates

himself or herself with any person, or creates any firm, co-partnership, corporation, or

combination thereof, for the purposes of advertising or representing to the public as having the

capacity and/or ability to undertake or submit a bid or offer to install, construct, alter, repair,

add to, or remove, restore, or replace any plumbing fixtures or appurtenances thereof and may

employ other plumbers, either master or journeyman, following the filing of a bond and

insurance certificate as required in this article; provided a plumbing contractor, having proof of

having passed the duly recognized test as designated by K.S.A. 12-1501 et seq., or the applicable

examination as issued by the International Code Council, Falls Church, Virginia, and upon

providing a proper and sufficient bond as well as public liability and property damage insurance

certificates, both as defined in this article, may be issued a plumbing contractor’s certificate.

(4) Journeyman mechanical specialist means a person who is qualified and certified by showing

proof of having passed the standard examination for journeyman mechanical specialist, per

K.S.A. 1501 et seq., to do mechanical installations, repairs, or maintenance, or in any way work

at the occupation of the mechanical industry for and under the direction of a certified master

mechanical specialist; provided, a journeyman having proof of having passed the duly recognized

examination per K.S.A. 1501 et seq., shall be issued a journeyman mechanical specialist

certificate.

(1) Master plumber means any person who is qualified, equipped, and certified to properly

lay out, plan, and make any installation, repair or maintenance of existing plumbing, and

has demonstrated such skills and knowledge to the satisfaction of the plumbing board of

examiners, and holds a current master plumber’s certificate and license showing him or

her to be so qualified, and has no employees, except as an active member or officer of a

plumbing contractor; provided a master plumber, having proof of having passed the duly

recognized test as designed by K.S.A. 12-1501 et seq., or the applicable examination as

issued by the International Code Council, Falls Church, Virginia, shall be issued a

master plumber’s certificate.

(52) Journeyman plumber means a person who is qualified, equipped, and certified to do

plumbing, plumbing repairs, and plumbing maintenance or in any way work at the

occupation of plumbing plumber for and under the direction of a certified master

plumber; provided, a journeyman plumber, having proof of having passed the duly

recognized test as designated by K.S.A. 12-1501 et seq., or the applicable examination as

issued by the International Code Council, Falls Church, Virginia, shall be issued the a

journeyman plumbing plumber’s certificate.

(6) Master electrician means any person who is qualified, certified and equipped to properly lay out,

plan and make any installation, repair or maintenance of electrical wiring, appliances, fixtures,

motors and other apparatus requiring electrical current; provided, a master electrician having

proof of having passed the duly recognized test as designated by K.S.A. 12-1501 et seq., shall be

issued a master electricians’ certificate.

(d) Mechanical contractor means any master mechanical specialist, firm, or corporation that is

engaged in the business of installing or repairing mechanical systems and has a current license

issued by the city or employs master mechanical specialists who are qualified to serve the public

in the installation, repair, and maintenance of mechanical systems, or any master mechanical

specialist as qualified hereinabove who associates himself or herself with any person, or creates

any firm, co-partnership, corporation, or combination thereof, for the purposes of advertising or

representing to the public as having the capacity and/or ability to undertake or submit a bid or

offer to install, construct, alter, repair, add to, or remove, restore, or replace any mechanical

fixtures or appurtenances thereof and may employ other mechanical specialists, either master or

journeyman, following the filing of a bond and insurance certificate as required in this article;

provided a mechanical contractor, having proof of having passed the duly recognized test as

designated by K.S.A. 12-1501 et seq., or the applicable examination as issued by the

International Code Council, Falls Church, Virginia, and upon providing a proper and sufficient

bond as well as public liability and property damage insurance certificates, both as defined in

this article, may be issued a mechanical contractor’s certificate.

(71) Master mechanical specialist means any person who is qualified, equipped, and certified

by showing proof of having passed the standard examination for master mechanical

specialist as per K.S.A. 12-1501 et seq., to properly lay out, and plan, and make any

installation, repair, or maintenance of mechanical systems, to include heating, air

conditioning, refrigeration and ventilation, and holds a current master mechanical

specialist’s certificate and license showing him or her to be so qualified, and has no

employees, except as an active member or officer of a mechanical contractor; provided a

master mechanical specialist, having proof of having passed the duly recognized

examination per K.S.A. 12-1501 et seq., or the applicable examination as issued by the

International Code Council, Falls Church, Virginia, shall be issued a master mechanical

specialist’s certificate.

(2) Journeyman mechanical specialist means any person who is qualified, equipped, and

certified to do mechanical installations, repairs, and maintenance, or in any way work at

the occupation of mechanical specialist for and under the direction of a certified master

mechanical specialist; provided a journeyman mechanical specialist, having proof of

having passed the duly recognized examination per K.S.A. 1501 et seq., or the applicable

examination as issued by the International Code Council, Falls Church, Virginia, shall

be issued a journeyman mechanical specialist’s certificate.

(8) Mechanical contractor. In order to qualify under this article as a mechanical contractor, any

master mechanical specialist who has been qualified as and has a master mechanical specialist

certificate issued by the trades board, has a current license issued by the city, and any master

mechanical specialist as qualified hereinabove who associates himself with any person or creates

any firm, co-partnership, corporation or combination thereof, for the purposes of advertising or

representing himself or itself to the public has having the capacity and/or ability to undertake or

submit a bid or offer to install, construct, alter, repair, add to or remove, restore or replace any

mechanical fixtures or appurtenances thereof and may employ other master or journeyman

mechanical specialists, following the filing of a bond and insurance certificate as required in this

Article; provided, a mechanical contractor, having proof of having passed the duly recognized

test as designated by K.S.A. 12-1501 et seq., upon providing a proper and sufficient bond and

public liability and property damage insurance certificates, both as defined in this article, may be

issued a mechanical contractor’s certificate.

(9) Master plumber means any person that has a proficiency to lay out, plan, install or perform

maintenance on existing plumbing and has demonstrated the skills and knowledge to the

satisfaction of the plumbing board of examiners and holds current master plumber’s certificate

and license showing him to be so qualified and has no employees, except as an active member or

officer of a plumbing contractor; provided, a master plumber having proof of having passed the

duly recognized test as designed by K.S.A. 12-1501 et seq., or the applicable examination as

issued by the International Code Council, Falls Church, Virginia, shall be issued a master

plumber’s certification.

(10) Plumbing contractor. In order to qualify under this article as a plumbing contractor, any master

plumber who has been qualified as and has a master plumber’s certificate issued by the trades

board, has a current license issued by the city, and any master plumber as qualified hereinabove

who associates himself with any person or creates any firm, co-partnership, corporation or

combination thereof, for the purposes of advertising or representing himself or itself to the public

has having the capacity and/or ability to undertake or submit a bid or offer to install, construct,

alter, repair, add to or remove, restore or replace any plumbing fixtures or appurtenances thereof

and may employ other plumbers, either master or journeyman plumbers, following the filing of a

bond and insurance certificate as required in this article; provided, a plumbing contractor, having

proof of having passed the duly recognized test as designated by K.S.A. 12-1501 et seq., or the

applicable examination as issued by the International Code Council, Falls Church, Virginia, upon

providing a proper and sufficient bond and public liability and property damage insurance

certificates, both as defined in this article, may be issued a plumbing contractor’s certificate.

(11e) Private sewage disposal contractor means any person who is qualified, equipped and certified by

showing proof of having passed, with a minimum score of 75 percent, the standard examination

for private sewage disposal contractors as issued by the code enforcement officer or other

standard examination accepted by other jurisdictions in the state, to properly layout lay out, plan

and make any installation, repair or maintenance to of private sewage disposal systems.

(12f) General contractor means any contractor who is qualified, licensed and equipped to build, alter,

construct, repair, add to, or remodel any building or structure, or portion thereof, for which a

permit is required and is unlimited in scope.; provided a A general contractor, having proof of

successfully passing, or who employs an individual having proof of successfully passing, the duly

recognized test as designed designated by K.S.A. 12-1501 et seq., with a minimum score of 75

percent, shall be issued a general contractor’s license.

(13g) Building contractor means any contractor who is qualified, licensed and equipped to build,

construct, or add to any building or structure, or portion thereof, for which a permit is required,

limited in scope of construction to commercial buildings, industrial buildings, and single- and

multiple-family dwellings not to exceed three stories in height. A building contractor may repair

or remodel an existing structure in excess of three stories.; provided a A building contractor,

having proof of successfully passing, or who employs an individual having proof of successfully

passing, the duly recognized test as designed designated by K.S.A. 12-1501 et seq., with a

minimum score of 75 percent, shall be issued a building contractor’s license. A building

contractor also may repair or remodel an existing structure in excess of three stories.

(14h) Residential contractor means any contractor who is qualified, licensed and equipped to build,

alter, construct, repair, add to, or remodel any building or structure, or portion thereof, for which

a permit is required, limited in scope of construction to one-, two- or three-family residential

dwellings not exceeding two stories in height.; provided a A residential contractor, having proof

of successfully passing, or who employs an individual having proof of successfully passing, the

duly recognized test as designed designated by K.S.A. 12-1501 et seq., shall be issued a

residential contractor’s license. Individuals or firms showing proof of being engaged in the

business of a residential contractor shall be exempt from the examination requirements provided

an application for a residential contractor's license is presented to the building trades board prior

to April 1, 2007.

(15i) Limited contractor means any contractor that who performs a specific function that does not entail

the full scope of work done performed by a licensed general, building or residential contractor.;

provided a A limited contractor, having proof of successfully passing, or who employs an

individual having proof of successfully passing, the duly recognized test as designed designated

by K.S.A. 12-1501 et seq., or other applicable test as authorized by the code enforcement officer

and/or city building trades board, shall be issued a limited contractor’s license, for the following:

a. Window and siding contractor means a person or firm qualified to fabricate, install,

maintain, repair, alter or extend accessories such as siding, soffits, gutters, awnings,

storm doors and windows.

b.(1) Concrete contractor means any person, or firm, or corporation that is qualified,

equipped, and certified to construct, pour, place, and finish driveways, sidewalks and

other similar flatwork using Portland cement concrete or asphaltic materials, and those

who that are qualified to construct forms and framework for the casting and shaping of

concrete and placing of reinforcing steel, and to pour, place and finish concrete.

c. Roofing contractor means a person or firm qualified to install repair or replace roof-

covering systems. Work may include, but not be limited to, roof decking insulation, roof

coating, use of sheet metal and metal products incidental to roofing work, nonstructural

decking, asphalt and fiberglass shingles, roof roofing, tile roofing systems, slate and

wood shingles or any other approved roofing product.

d.(2) Drywall and plastering contractor means any person, or firm, or corporation that is

qualified, equipped, and certified to coat surfaces with a mixture of sand, or other

aggregate, gypsum, plaster or Portland cement, quick lime and water, or other

combinations of approved materials so as to create a permanent surface coating,

including the installation of wire mesh or necessary elements as required to hold the

coating. Such permitted work also Also includes the installation of gypsum drywall

products and finish preparation of drywall systems.

e. Residential swimming pool contractor means a person or firm qualified and equipped to

install, repair and replace residential swimming pools including the pumps, pool heaters,

solar pool heaters, filters and chlorinators and that piping incidental to the recirculation

system and concrete slab work.

f. Fence contractor means a person or firm qualified and equipped to construct, build or

install chainlink fencing, privacy fencing and all other types of fencing and incidental

work to install a fence.

g. Carpenter/handyman contractor means a person or firm qualified and equipped to

perform minor repairs and maintenance to one- and two-family dwellings. Scope of

license includes the replacement of roofing materials limited to a total roof area of 100

square feet or less, and construction of detached accessory buildings limited in size to

100 square feet or less. Scope of license does not include any work requiring structural

alterations to any portion of the structure including the construction of carports either

attached or detached, electrical, plumbing or HVAC work of any nature, cabinet or

countertop replacement.

h.(3) Masonry contractor means any person, or firm, or corporation that is qualified, and

equipped and certified for the construction or repair of walls, footings and other

structures by the laying of bricks, blocks, or stone.

(4) Roofing contractor means any person, firm, or corporation that is qualified, equipped

and certified to install, repair or replace roof-covering systems. Such permitted work may

include, but not be limited to, roof decking insulation, roof coating, the use of sheet metal

and metal products incidental to roofing work, nonstructural decking, asphalt and

fiberglass shingles, roof roofing, tile roofing systems, slate and wood shingles or any

other approved roofing product. In addition to having proof of successfully passing the

duly recognized test(s), a roofing contractor also shall provide a state roofing

registration number in order to be issued a roofing contractor’s license.

i. Demolition contractor means a person or firm qualified and equipped to demolish, raze or

otherwise remove structures, including the removal of all debris, leveling of property and

plugging of sewer lines to the structure.

SECTION TWENTY-SEVEN: AMENDMENT TO MUNICIPAL CODE SECTION 14-197.



Sec. 14-197. - Unlawful acts Limited contractors subject to licensure (no examination).

The following skilled and qualified tradesmen shall be included in the city’s building trades, and

shall be certified and licensed as limited contractors who perform a specific function that does not entail

the full scope of work performed by a licensed general, building or residential contractor, upon providing

a proper and sufficient bond as well as public liability and property damage certificates:

(a) Carpenter/handyman contractor means a person, firm or corporation that is qualified, equipped,

and certified to perform minor repairs and maintenance to one- and two-family dwellings. The

scope of this license includes the replacement of roofing materials limited to a total roof area of

100 square feet or less and construction of detached accessory buildings limited in size to 100

square feet or less. The scope of this license does not include any work requiring structural

alterations to any portion of the structure, including but not limited to the construction of

carports either attached or detached; electrical, plumbing or heating, ventilation and air-

conditioning work of any nature; and cabinet or countertop replacement.

(b) Demolition contractor means a person, firm or corporation that is qualified, equipped, and

certified to demolish, raze or otherwise remove structures, including the removal of all debris,

leveling of property and plugging of sewer lines to such structures.

(c) Fence contractor means a person, firm, or corporation that is qualified, equipped, and certified

to construct, build or install chain link fencing, privacy fencing, and all other types of fencing and

incidental work to install a fence.

(d) Fire suppression installation contractor means a person, firm, or corporation that is qualified,

equipped, and certified to install, service, repair, inspect, or maintain fire protection equipment,

fire sprinkler systems, special hazard fire suppression systems and kitchen fire suppression

systems, fire alarm systems or portable fire extinguishers.

(e) Residential swimming pool contractor means a person, firm or corporation that is qualified,

equipped, and certified to install, repair and replace residential swimming pools, including the

pumps, pool heaters, solar pool heaters, filters and chlorinators, piping incidental to the

recirculation system, and concrete slab work.

(f) Tree trimming contractor means a person, firm, or corporation that is qualified, equipped, and

certified to treat, trim, reduce, prune, or remove trees, tree limbs, tree material or shrubs.

(g) Window and siding contractor means a person, firm, or corporation that is qualified, equipped,

and certified to fabricate, install, maintain, repair, alter or extend accessories such as siding,

soffits, gutters, awnings, storm doors and windows.

It is unlawful for any person, firm or corporation to:

(1) Enter into any agreement to subterfuge the licensing, bonding or insurance requirements

as set forth in this code;

(2) Enter into a contract with another so as to bring himself or itself within the classification

of an electrical, mechanical, general, building, residential, limited or plumbing contractor,

or to perform work as a contractor without first having been appropriately licensed in

accordance with this code;

(3) Make or cause to be made any connection with the main or laterals of the city sewer

system, or to build the sewer connections or make any alterations thereto or do any

plumbing work or make any change whatever without having first been granted a permit

therefor by the code enforcement officer; all plumbing, sewer and water connections shall

be made by a licensed plumber or under his direct supervision or subject to other

exceptions contained in this code.

SECTION TWENTY-EIGHT: AMENDMENT TO MUNICIPAL CODE SECTION 14-198.



Sec. 14-198. - Plumbing, electrical, or mechanical work by resident owners. Unlawful acts.


(a) Enter into any agreement to subterfuge the licensing, bonding or insurance requirements as set

forth in this code;

(b) Enter into a contract with another so as to bring said person, firm, or corporation within the

classification of an electrical, plumbing, mechanical, general, building, residential or limited

contractor, or to perform work as a contractor without first having been appropriately licensed in

accordance with this code;

(c) Make or cause to be made any connection with the main or laterals of the city sewer system, or to

build the sewer connections or make any alterations thereto, or do any plumbing work or make

any change whatever, without first having been granted a permit therefor by the code

enforcement officer. All plumbing, sewer and water connections shall be made by a licensed

plumber, or under his or her direct supervision, or subject to other exceptions contained in this

code.

Upon payment of the fee set by the board of city commissioners, a property owner shall be

permitted to perform, after obtaining a permit, plumbing, electrical, or mechanical work upon his own

residential dwelling; provided, that the owner shall satisfy the code enforcement officer as to his ability to

do such plumbing or electrical work or installation, in accordance with this code, apply for inspection and

receive a certificate for approval therefor. Personal installation by an owner under this section shall be by

himself, on his owner-occupied residential dwelling (single family), without compensation, and no person

shall be employed to assist him in any way on such work except an individual, firm or corporation

licensed hereunder.

SECTION TWENTY-NINE: AMENDMENT TO MUNICIPAL CODE SECTION 14-199.



Sec. 14-199. - Building trades advisory board. Allowance for single-family residential property

improvements by owners.

Upon payment of the fee set by the board of city commissioners, a property owner shall be

permitted to perform, after obtaining a proper permit, work upon his or her own residential dwelling;

provided that the owner shall satisfy the code enforcement officer as to his or her ability to perform such

work, repair or installation, in accordance with this code, as well as apply for inspection and receive a

certificate for approval therefor. Personal installation by an owner under this section shall be by himself

or herself, on his or her residential property (single family only), without compensation, and no person

shall be employed to assist him or her in any way on such work except an individual, firm or corporation

properly licensed hereunder.

(a) Authority. The board of building appeals, also referred to as the building trades advisory board,

shall hear and decide appeals of orders, decisions or determinations made by the code

enforcement officer relative to the application and interpretation of the city-adopted building

codes and regulations, and the city’s contractor license laws.

(b) Membership. The board shall consist of nine voting members:

(1) Two electricians (either two master electricians or one master electrician and one

journeyman electrician);

(2) Two plumbers (either two master plumbers or one master plumber and one journeyman

plumber);

(3) Two general contractors doing business in the city;

(4) Two heating, ventilation and air-conditioning or refrigeration contractors (either two

master mechanical specialists or one master mechanical specialist and one journeyman

mechanical specialist); and

(5) One citizen or layman familiar with the requirements of the city building code.

The code enforcement officer and the fire chief of the city, or their designees, shall be ex officio

board members without voting privileges. The code enforcement officer, or his or her designee, also shall

serve as secretary to the board.

(c) Appointment and terms. Appointments shall be for a period of two years and shall be staggered in

such a way that the terms of no more than one electrician, plumber, general contractor or

mechanical specialist shall expire in any given year.

(d) Procedure:

(1) Rules of procedure. The board shall adopt rules of procedure for conducting its business,

and shall render all decisions and findings in writing to the applicant with a duplicate

copy to the code enforcement officer.

(2) Meetings. The board shall hold meetings at regularly scheduled intervals, but shall meet

at a minimum of four times a year.

(e) Limitations of authority. The board shall have no authority relative to interpretation of the

administrative provisions of the code adopted by the city, nor shall the board be empowered to

waive requirements of the code.

SECTION THIRTY: AMENDMENT TO MUNICIPAL CODE SECTION 14-200.



Sec. 14-200. - Appeals. Building trades advisory board.

(a) Authority. The board of building appeals, also referred to as the building trades advisory board,

shall hear and decide appeals of orders, decisions or determinations made by the code

enforcement officer relative to the application and interpretation of the city-adopted building

codes and regulations, and the city’s contractor license laws.

(b) Membership. The board shall consist of nine voting members:

(1) Two electricians (either two master electricians or one master electrician and one

journeyman electrician);

(2) Two plumbers (either two master plumbers or one master plumber and one journeyman

plumber);

(3) Two heating, ventilation and air-conditioning or refrigeration contractors (either two

master mechanical specialists or one master mechanical specialist and one journeyman

mechanical specialist); and

(4) Three general, building residential or limited contractors, and/or citizens or laymen

familiar with the requirements of this code.

(c) Conflict of interest. No two electrician, plumber, mechanical specialist, or contractor members of

the board may be employed by the same person, firm, or corporation, or otherwise have any kind

of professional partnership or financial interest with each other.

(d) Ex officio membership. The building official and the fire chief of the city, or their designees, shall

serve as ex officio members of the board without voting privileges. The code enforcement officer,

or his or her designee, also shall serve as secretary to the board.

(e) Appointment and terms. Appointments shall be for a period of two years and shall be staggered in

such a way that the terms of no more than one electrician, plumber or mechanical specialist shall

expire in any given year.

(f) Rules of procedure. The board shall adopt rules of procedure for conducting its business, and

shall render all decisions and findings in writing to the appellant, with duplicate copies to the

code enforcement officer and city manager.

(g) Meetings. The board shall hold meetings at regularly scheduled intervals, but shall meet a

minimum of four times a year.

(h) Limitations of authority. The board shall have no authority relative to interpretation of the

administrative provisions of the code adopted by the city, nor shall the board be empowered to

waive requirements of this code.

SECTION THIRTY-ONE: NEW MUNICIPAL CODE SECTION 14-201.

The Governing Body of the City of Arkansas City hereby creates Section 14-201 of the Arkansas City

Municipal Code to read as follows (new provisions in italics):

Sec. 14-201. - Appeals.

(a) Appeals of any final decision of any city code enforcement officer may be made to the city in the

form of a request for a Quick Problem Resolution (QPR) meeting. Such meeting will be scheduled

within 48 hours of the request and will be moderated by the city manager, or his or her designee.

A written response explaining the moderator’s decision will be provided within 24 hours of the

QPR meeting.

(b) Appeals of any decision of the QPR moderator may be made to the board of city commissioners,

board of zoning appeals, building trades advisory board, historic preservation board or other

appropriate city board in writing, within ten (10) days after the appellant has been notified of the

QPR moderator’s decision.

(c) Appeals of a final decision of the building trades advisory board may be made to the Cowley

County District Court within 30 days of issuance of the board’s decision.

(d) For purposes of this section, a final decision does not include any decision that is preliminary,

preparatory, procedural or intermediate with regard to subsequent action.

SECTION THIRTY-TWO: The Governing Body of the City of Arkansas City hereby authorizes the

Mayor and/or City Manager of the City of Arkansas City to take such further and other necessary actions

that are required to effectuate the intent and purposes of this Legislative Enactment.

SECTION THIRTY-THREE: PUBLICATION; EFFECTIVE DATE. This ordinance, or a summary

thereof, shall be published one time in the official City newspaper, and shall take effect and be in force

from and after said publication.

PASSED AND ORDAINED by the Governing Body of the City of Arkansas City, Kansas, on this sixth

day of June, 2017.

(Seal)

Duane L. Oestmann, Mayor

ATTEST:

Lesley Shook, City Clerk

APPROVED AS TO FORM:

Tamara L. Niles, City Attorney

CERTIFICATE

I hereby certify that the above and foregoing is a true and correct copy of the Ordinance No. 2017-06-

____ of the City of Arkansas City, Kansas, adopted by the Governing Body thereof on June 6, 2017, as

the same appears of record in my office.

DATED: _____________________.

Lesley Shook, City Clerk

Chapter 14 - BUILDINGS AND BUILDING REGULATIONS

ARTICLE I. - IN GENERAL

Secs. 14-1—14-18. - Reserved.

ARTICLE II. - CODES AND STANDARDS

DIVISION 1. - GENERALLY


DIVISION 2. - ADOPTION AND AMENDMENTS OF TECHNICAL CODES

Sec. 14-40. - Adoption.

(a) The city adopts by reference the following codes, as amended by this chapter:

(1) International Building Code, 2015 Edition (hereafter "International Building Code"), for regulating and governing conditions and maintenance of all property, buildings and structures, including Appendices F, H, and J; by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure the structures are safe, sanitary and fit for occupation and use; and the condemnation of buildings and structures unfit for human occupancy and use and the demolition of such structures, as hereafter set out (published by the International Code Council, Inc., 4051 West Flossmoor Road, Country Club Hills, IL 60478-5795);

(2) International Residential Code for One- and Two-Family Dwellings, 2015 Edition, including Appendices A—J, and M—P (hereafter "International Residential Code"), for regulating and governing the construction, alteration, movement, enlargement, replacement, repair, equipment, location, removal and demolition of detached one- and two-family dwellings and multiple single-family dwellings (townhouses) not more than three stories in height with separate means of egress, as hereafter set out (published by the International Code Council, Inc., 4051 West Flossmoor Road, Country Club Hills, IL 60478-5795);

(3) International Mechanical Code, 2015 Edition, including Appendix A (hereafter "International Mechanical Code"), regulating and governing the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement and addition to, use or maintenance of mechanical systems in Arkansas City, as hereafter set out (published by the International Code Council, Inc., 4051 West Flossmoor Road, Country Club Hills, IL 60478-5795);

(4) International Plumbing Code, 2015 Edition, including Appendices C and E (hereafter "International Plumbing Code"), regulating and governing the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use or maintenance of plumbing systems, as hereafter set out (published by the International Code Council, Inc., 4051 West Flossmoor Road, Country Club Hills, IL 60478-5795);

(5) International Fuel Gas Code, 2015 Edition, including all Appendices (hereafter "International Fuel Gas Code"), regulating and governing fuel gas systems and gas-fired appliances, as hereafter set out (published by the International Code Council, Inc., 4051 West Flossmoor Road, Country Club Hills, IL 60478-5795);

(6) International Property Maintenance Code, 2015 Edition (hereafter "International Property Maintenance Code"), regulating and governing the maintenance of existing buildings, as hereafter set out (published by the International Code Council, Inc., 4051 West Flossmoor Road, Country Club Hills, IL 60478-5795);

(7) International Existing Building Code, 2015 Edition, including its Appendix (hereafter "International Existing Building Code"), regulating and governing the repair, alteration, change of occupancy, addition and relocation of existing buildings, including historic buildings, as hereafter set out (published by the International Code Council, Inc., 4051 West Flossmoor Road, Country Club Hills, IL 60478-5795);

(8) NFPA 70: The National Electrical Code, 2014 Edition, including Appendix H (Article 80), as published by the National Fire Protection Association, One Batterymarch Park, Quincy, Massachusetts 02169-7471; and the corresponding National Electrical Code Handbook, Library of Congress; and

(9) International Private Sewage Disposal Code, 2015 Edition (hereafter "International Private Sewage Disposal Code"), regulating design, installation and inspection of private sewage disposal systems (published by the International Code Council, Inc., 4051 West Flossmoor Road, Country Club Hills, IL 60478-5795).

(b) At least one copy of the above-referenced codes shall be maintained on file at the public works departmentCity Hall, 118 W. Central Ave., Arkansas City, KS 67005, and may be inspected during regular business hours, the same being adopted as if set out at length herein.

(Ord. No. 2012-06-4302, § 2(16.04.010), 6-6-2012; Ord. No. 2016-12-4426, § 1, 12-20-2016)

Sec. 14-41. - Application.

(a) The provisions of the adopted codes shall apply to the construction, alteration, moving of buildings, demolition, repair and use of any building or structure within the city, except work located primarily in a public way, public utility towers and poles, mechanical equipment not specifically regulated by code, and hydraulic flood control structures.

(b) Master production plans, those submitted to the city for reuse on a minimum of four structures, must comply with the provisions in this code by September 1, 2012. One copy of an engineer-stamped truss design, and one engineer-stamped plan set, along with one electronic CD of each, is required for all master production plans.

(Ord. No. 2012-06-4302, § 2(16.04.020), 6-6-2012)

Sec. 14-42. - Administration.

The following shall supplement the Administration section in each of the following codes: International Building Code, International Residential Code for One- and Two-Family Dwellings (hereafter referred to as the International Residential Code), International Mechanical Code, International Plumbing Code, International Existing Building Code and the International Fuel Gas Code. Any reference to jurisdiction shall mean the City of Arkansas City Kansas; any reference to the appointed authority shall mean director of public workscity manager (and or his or her designee).

(1) Generally.

Formatted: Highlight



a. Title. The regulations contained herein and contained in the codes adopted under section 14-40, and the other provisions of this chapter, shall be known collectively as the "city building code," may be cited as such, and are referred to in this chapter as "the code."

b. Referenced codes and standards. Where differences occur between stated provisions of this chapter, and codes and standards adopted by reference, the stated provisions of this chapter shall apply. The provisions of the International Plumbing Code and the International Mechanical Code shall apply to the installation of the plumbing and mechanical systems and shall be considered as the specific code. Plumbing Articles 25 through 32 and Mechanical Articles 12 through 24 of the International Residential Code shall be considered as general requirements. To the extent a conflict exists between the articles in the International Residential Code and the International Plumbing Code, the International Mechanical Code, and the International Fuel Gas Code, the International Residential Code as amended by the city shall apply.

Exception: Where enforcement of a code provision would violate the conditions of the listing of the equipment or appliance, the conditions of the listing and manufacturer's instructions shall apply.

c. Electrical. The provisions of the National Electrical Code shall apply to the installation of electrical systems, including alterations, repairs, replacement, equipment, appliances, fixtures, fittings and appurtenances thereto. Provisions of Article 34 through Article 42 of the International Residential Code shall be considered as general requirements. To the extent a conflict exists between Article 34 through Article 42 of the International Residential Code and the National Electrical Code, the National Electrical Code as adopted and amended by the city shall apply.

d. International Private Sewage Disposal Code. Where provisions of the International Private Sewage Disposal Code are applicable, the same shall reference the Private Sewage Disposal section of the International Plumbing Code.

(2) Applicability; general. Where, in any specific case, different sections of this code specify different materials, methods of construction or other requirements, the most restrictive shall govern. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable. The code enforcement officer (and his or her designee), is authorized and directed to enforce the provisions of this code, render interpretations and adopt policies and procedures in order to clarify the application of the codes' provisions. Such interpretations and policies shall not have the effect of waiving requirements specifically provided for in this code.

(3) Permits.

a. Contractor of responsibility; licensing; fees. On construction projects that have multiple trades and are permitted by a "contractor of responsibility," one permit may be applied for and issued for all trades. All building, electrical, plumbing, and mechanical contractors shall be licensed by the city and identified on the permit application by name and license number. Fees shall be charged by full valuation of all work to be performed.

b. Time limitation of application. An application for a permit for any proposed work shall be deemed to have been abandoned 180 days after the date of filing, unless such application has been pursued in good faith or a permit has been issued; except that the code enforcement officer is authorized to grant one or more extensions of time for additional periods not exceeding 90 days each. The extension shall be requested in writing and justifiable cause demonstrated.

c. Validity of permit. The issuance or granting of a permit shall not be construed to be a permit for, or an approval of, any violation of any provisions of this code or of any other ordinance of the jurisdiction. Permits presuming to give authority to violate or cancel the provisions of this code or other ordinance of the jurisdiction shall not be valid. The issuance



of a permit based on construction documents and other data shall not prevent the code enforcement officer from requiring the correction of errors in the construction documents and other data. The code enforcement officer is also is authorized to prevent occupancy or use of the structure when in violation of this code or of any other ordinances of this jurisdiction.

d. Expiration. Every permit issued shall become invalid unless the work on the site authorized by such permit is commenced within 180 days after its issuance, or if the work authorized on the site by such permit is suspended or abandoned for a period of 180 consecutive days. Work shall be deemed suspended or abandoned if no inspections for work completed have occurred within such 180-day period. The code enforcement officer is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated. Upon expiration of such extended period, the applicant shall not proceed with any work on the site until such time as the applicant receives a new building permit, which will require the applicant to submit a new, complete building permit application, along with payment of all fees necessary. Any fee refund for the fees paid under the expired building permit shall be made pursuant to section 108.6 of the International Building Code.

(4) Fees.

a. Payment of fees. A permit shall not be valid until the fees as set by resolution of the board of city commissioners have been paid. , Nor nor shall an amendment to a permit be released until the additional fee, if any, has been paid.

b. Plan review fee. When submittal documents are required by this code, a nonrefundable plan review fee deposit shall be paid at the time of submitting the submittal documents for plan review. Said plan review fee shall be 65 percent of the building permit fee, or actual costs for outsourced review may be charged.

1. After plan review is completed, a credit or debit shall be applied to the building permit as required.

2. The plan review fee is separate from the permit fee, and is in addition to the permit fee.

3. When submittal documents are incomplete or changed so as to require additional plan reviews, or when the project involves deferred submittal items, an additional plan review fee shall be paid.

c. Building permit valuations. The building permit valuation shall be determined by the code enforcement officer based upon national valuation tables and/or other relevant documentation. Permit valuations shall include total value of work, including materials and labor, for which the permit is being issued, such as electrical, gas, mechanical, plumbing, equipment and permanent systems. The applicant for the permit shall provide an estimated permit valuation at the time of application. If, in the opinion of the code enforcement officer, the valuation is underestimated, the permit shall be denied unless the applicant can provide detailed documentation to support such valuation.

d. Investigation fees; work without a permit.

1. Investigation. Whenever any work for which a permit is required by this code has been commenced without first obtaining said permit, a special investigation shall be made before a permit may be issued for such work.

2. Fee. An investigation fee shall be paid by the person commencing the work, whether or not a permit is then or subsequently issued.

3. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this code, such as obtaining a permit, or from any penalty prescribed by law.



Formatted: Font: Italic


e. Fee refunds. The code enforcement officer may authorize refunding of any fee which was erroneously paid or collected erroneously.

1. The code enforcement officer may authorize refunding of not more than 80 percent of the building permit fee paid when no work has been done under a permit issued in accordance with this code, or when the building permit has expired.

2. The code enforcement officer may authorize refunding of not more than 80 percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or cancelled before any plan reviewing is done.

3. The code enforcement officer shall not authorize a refund of any fee paid except on written application filed by the original applicant not later than 180 days after the date of fee payment.

(5) Inspections.

a. Generally. All construction or work for which a permit is required shall be subject to inspection by the code enforcement officer, and all such construction or work shall remain accessible and exposed for inspection purposes until approved by the code enforcement officer. In addition, certain types of construction shall have continuous inspection as specified in the International Building Code Article 17, Structural Tests and Special Inspections.

b. Required inspections; rough inspections.

1. Temporary electric construction meter. To be made after all wiring installations have been made as required in the National Electrical Code, Article 527, entitled "Temporary Installations," including specific installation requirements of Westar Energy or other local Electric electric Providerprovider.

2. Zoning/building code setbacks. A location/elevation certification survey may be required prior to concrete placement. This wet stamp certification from a registered design professional must be available at rough inspections.

3. Trenches, footings, pads and caissons. To be made after trenches are excavated, forms erected, steel in place and prior to placement of concrete. Except as otherwise stated herein, the code enforcement officer shall perform all inspections required by this code. In some cases, this code requires on-site observation and a stamped written report by a registered design professional when plans call for drilled piers (caisson) construction, or other specialty inspections. Observation of the preparation, reinforcement and placement shall be described in detail in the written report as prepared by a registered design professional retained by the permittee.

4. Third-party inspections.

(i) Foundation walls and/or grade beams steel reinforcement. To be made after all forms are erected, steel in place and prior to placement of concrete. The registered design professional of record with prior approval of the code enforcement officer may perform this inspection.

(ii) Damp-proofing of footing and foundation and/or grade beams of basement walls. The registered design professional of record with prior approval of the code enforcement officer may perform this inspection, which must be completed prior to backfilling.

(iii) Electrical; underground. Within building, inspection to be made prior to backfilling and/or pouring concrete floor.

(iv) Water service line. Inspection is to be made prior to backfilling. Test and inspections shall be in accordance with the International Plumbing Code Section



312.5. Water lines must be inspected by the code enforcement officer or, with prior approval, third-party inspections on forms provided by the city.

5. Inspections in geologic hazard areas. At the completion of rough grading and/or foundation excavation, and prior to the construction of retaining walls, footings or bearing caissons, a soil engineer and/or an engineering geologist, within their respective fields of competency, shall inspect the site at the applicant's expense and render opinions, in writing, to the code enforcement officer concerning the soil and geologic conditions actually encountered, and that all known geologic hazards or constraints have been taken into account in the design of the facility.

6. Re-inspection. The permittee must pay a re-inspection fee for each inspection or re-inspection when such portion of work for which inspection is called is not complete or when corrections called for are not made.

(i) Re-inspection fees are not required the first time a job is rejected for failure to comply with the requirements of this code, but instead shall apply to control the practice of calling for inspections before the job is ready for such inspection or re-inspection.

(ii) Re-inspection fees may be assessed when the inspection record card is not posted or otherwise available on the work site, the approved plans are not readily available to the inspector, for failure to provide access on the date for which inspection is requested, or for deviating from plans requiring the approval of the code enforcement officer.

(iii) In instances where re-inspection fees are assessed, no additional inspection of the work will be performed until the required fees have been paid. A receipt of payment must be posted or available before receiving additional inspections.

(6) Certificate of occupancy. No building or structure shall be used or occupied, and no change in the existing occupancy classification of a building or structure, or portion thereof, shall be made until the code enforcement officer has issued a certificate of occupancy.

(7) Temporary certificate of occupancy.

a. Temporary occupancy. The code enforcement officer is hereby authorized to issue a temporary certificate of occupancy (TCO) before completion of the entire work covered by the permit, provided that such portion or portions shall be occupied safely and there will be no danger to the public. The code enforcement officer shall set a time period during which the TCO is valid. The full certificate of occupancy ("CO") must be obtained prior to the expiration of the TCO. If the conditions of the TCO are not met and a CO is not obtained, the right to occupy immediately ceases and the premises must be vacated.

b. Certificate of compliance. When permitted work is not designed for occupancy, upon proper project completion, the code enforcement officer will shall issue a certificate stating that materials and products meet specified standards or that work was done in compliance with approved construction documents.

(Ord. No. 2012-06-4302, § 2(16.04.030), 6-6-2012)

Sec. 14-43. - Amendments to the International Building Code.

The following amendments, additions and deletions are made to the International Building Code:

(1) Section 101.1, Title. Insert: City of Arkansas City.

(2) Delete Section 101.4.6, Energy







(3) Section 109.2 insert: See Arkansas City Comprehensive Fee Schedule for applicable fee schedule.

(4) Delete Section 105.2 item 2, Fences not over 6 feet high.

(5) Section 113.1 insert: The Building Trades Board of the City of Arkansas City, Kansas [(The Board] ) is hereby appointed as the appeals board to hear any appeals made on decisions of the city code official.

(6) Section 907.2.1 is amended to read: A manual fire alarm system that activates the occupant notification system in accordance with Section 907.5 shall be installed in Group A occupancies having an occupant load of 100 or more. Portions of Group E occupancies occupied for assembly purposes shall be provided with a fire alarm system as required for the Group E occupancy.

Exception: Manual fire alarm boxes are not required where the building is equipped throughout with an automatic sprinkler system installed in accordance with section 903.3.1.1 and the occupant notification appliances will activate throughout the notification zones upon sprinkler waterflow.


(8) Section 1809.5.1 is amended to read: Extending 6 inches below the frost line of the locality.

(9) Section 101.4.6, Energy, is deleted in its entirety.

(Ord. No. 2012-06-4302, § 2(16.04.040), 6-6-2012; Ord. No. 2016-12-4426, § 2, 12-20-2016)

Sec. 14-44. - Amendments to the International Residential Code.

(a) The following amendments and additions are made to the International Residential Code:

(1) Section R101.1 insert: City of Arkansas City, Kansas.

(2) Section R108.2 insert: See Arkansas City Comprehensive Fee Schedule for applicable fee schedule.

(3) Section R112.1 insert: The Building Trades Board of the City of Arkansas City, Kansas [(The Board] ) is hereby appointed as the appeals board to hear any appeals made on decisions of the city code official.

(4) Section R301.2. Climatic and Geographic Design Criteria. Table R301.2 (1) is amended to read as the following Table:

Design Criteria, R301.2 (1) Climatic and Geographic

Roof snow load 15 lbs./sq. ft.

Wind speed Less than 115 MPH

Seismic design category A

Weathering Severe

Frost line depth 24 inches

Termite hazard Moderate to heavy

Decay hazard Slight to moderate

Winter design temperature 0 Degrees

Ice shield underlayment required No

Flood hazard criteria FIRM; October 19, 2010

Air freezing index 600

Mean annual temperature 58 degrees Fahrenheit

(5) Section R313 Automatic Fire Sprinkler Systems is amended by replacing the word shall with the word may in sections R313.1 and R313.2.

(6) Section R908.3.1.1 Condition 3 is amended to read as follows: Shall have no more than 1 layer for asphalt shingles.

(7) Section M1602.2 Return Air Openings is amended by deleting: #2. The amount of return air taken from any room or space shall be not greater than the flow rate of the supply air delivered to such room or space.

(8) Section M2003.2 Minimum Capacity is amended by adding the phrase to the end of the sentence; or as determined by the design professional.

(9) Section G2414.5 (403.5) Metallic Tubing, is amended to read: Steel tubing shall be permitted to be used with gases not corrosive to such material.

(10) Section G2417.1.4 (406.1.4) Section Testing, is amended by deleting the sentence: Under no circumstances shall a valve be used as a bulkhead between gas in one section of the piping system and test medium in an adjacent section.

(11) Section P2502.1 Existing building sewers and drains, is amended to read: Existing building sewers and drains shall be used in connection with new systems when found by examination and/or test to conform to the requirements prescribed by this document.

(12) Section P2503.4 Building sewer testing, is amended to read: The building sewer may be tested by insertion of a test plug at the point of connection with the public sewer, filling the building sewer with water and pressurizing the sewer to not less than 10-foot (3048 mm) head of water. The pressure shall not decrease during a period of not less than 15 minutes. The building sewer shall be watertight at all points.

(13) Section P2603.4, the last sentence in this section is amended to read: The sleeve shall have an inside diameter of at least one-half inch (1/2") larger than the outside diameter of the pipe passing through it.

(14) Section P2603.5.1, the last sentence in this section is amended by inserting the number "12 inches" and again "12 inches".

(15) Section P2801.6.1 Pan size and drain, is amended by striking the reference to Table P2906.5 and inserting Table P2906.4.

(16) Section P2906. Separation of water service and building sewer, is amended by amending the last sentence of the section to read: The required separation distance shall not apply where the bottom of the water service pipe that is located within 5 feet (1524 mm) of the sewer is not less than 24 inches (610 mm) above the highest point of the top of the building sewer.

(17) Section P2906.4 is amended by adding a new section: Section 2906.4.2 Tracer wire: For the purpose of locating the building service lines, all new or replacement installations using non-metallic pipe or tubing shall have a #12 THHW copper conductor, or equivalent, tracer wire installed with the service line. The tracer wire shall be installed as follows: For water lines, the tracer wire shall extend six (6) inches above the meter box cover through the meter box to the point of entry into the building where it shall be connected to a one half (1/2) pound anode or larger. For yard hydrants, the tracer wire shall extend six (6) inches above the surface of the ground at the backflow device to the point of connection to the water service where it shall be connected to an existing tracer wire or grounded to a one half (1/2) pound anode or larger. For lawn sprinklers, the tracer wire shall extend six (6) inches above the surface of the ground at the backflow device to the point of connection to the water service where it shall be connected to an existing tracer wire or grounded to a one half (1/2) pound anode or larger. Exception: The tracer wire may be omitted on lawn sprinkler piping installed after the backflow device located on private property.

(18) Section P2906.5. Hot and cold water branch lines is amended by adding the following sentence: Hot and cold water branch lines connected to within 18 inches of the water heater connection shall be of brass, K, L, or M copper or galvanized steel, or an approved metallic water heater connector.

(19) Section P3002.2 Building Sewer is amended by adding a new section: Section P3002.2.2 Tracer wire: For the purpose of locating building sewers, all new installation and replacements shall have a #12 THHW copper conductor or equivalent tracer wire installed with the sewer line. The tracer wire shall extend six (6) inches above the surface of the ground at the cleanout to the tap, where it shall be connected to an existing tracer wire or grounded to a one half (1/2) pound anode or larger at the sewer tap or at the downstream end of the replaced sewer line.

(20) Section 3005.2.6 Cleanout plugs is amended to read: Cleanout plugs shall be copper alloy, plastic or other approved materials. Cleanout plugs for borosilicate glass piping systems shall be of borosilicate glass. Brass cleanout plugs shall conform to ASTM A74. Plastic cleanout plugs shall conform to the reference standards for plastic pipe fittings as indicated in Table P3002.3. Cleanout plugs shall have a raised square head, a countersunk square head, or a countersunk slot head. Where a cleanout plug will have a trim cover screw installed into the plug, the plug shall be manufactured with a blind end threaded hole for such purpose.

(21) Section P3114.3 Where permitted is amended by adding the following statement: Permission shall be required from the building official and noted on the Plumbing Permit.

(22) E3406.3 Minimum size of conductors is amended to read as follows: The minimum size of conductors for feeders and branch circuits shall be #12 AWG copper and #6 AWG aluminum. The minimum size of service conductors shall be as specified in Chapter 36. The minimum size of Class 2 remote control signaling and power-limited circuit conductors shall be as specified in Chapter 43. [310.106(A)].

(23) Section E3601.6.2 Service disconnect location is amended to read: The service disconnecting means with overcurrent protection shall be installed at a readily accessible location outside of the building. Each occupant shall have access to the disconnect serving the dwelling unit in which they reside.

(24) Section 3604.2.2 Vertical Clearance from grade is amended to read: Overhead service or feeder conductors shall have the following minimum clearances from final grade:


a. For conductors supported on and cabled together with a grounded bare messenger wire, the minimum vertical clearance shall be 10 feet (3048 mm) at the electric service or feeder entrance to the buildings or structures at the lowest point of the drip loop of the structure electric entrance and above areas or sidewalks accessed by pedestrians only. Such clearance shall be measured from the final grade or other accessible surfaces.

b. Twelve feet (3653 mm) —- over residential property or sidewalks accessed by pedestrians only.

c. Fifteen feet (4500 mm) —- over residential property or residential driveways subject to vehicular traffic.

d. Eighteen feet (5486 mm) —- over public streets, alleys, roads or parking areas subject to truck traffic. [230.24 (B) (1), (2), (3) and (4)].

(25) Section E3604.5.1 Strength is amended to read: The service mast shall be of adequate strength or shall be supported by braces or guys to safely withstand the strain imposed by the service-drop or overhead service conductors and in no case are smaller than a 2 2-inch ridge conduit. Hubs intended for use with a conduit that serves as a service mast shall be identified for use with service-entrance equipment.

(26) Section E3608.1 Grounding electrode system is amended by adding the following statement: On all new construction, one or more of the electrodes specified in E3608.1.1 through E3608.1.3 shall be made available.

(27) Table E3702.14 Branch Circuit Requirements - Summary, Circuit Rating 15 amp: Conductor is amended by deleting #14 AWG Wire and inserting #12 AWG wire.

(28) Section E3706 Panelboards is amended by adding a new section: Section E3706.6 Panelboard Size: The panelboard shall be of a size large enough to allow the installation of all circuit overcurrent devices required for the present installation and a minimum of four (4) extra spaces for future use.

(29) Section E4002.14 Tamper-resistant receptacles is amended by adding a new exception: Exception 4. A single or duplex receptacle used for countertop appliances or other electric devices where such receptacles are located over as standard height and size countertop.

(b) The following sections of the International Residential Code are deleted:

(1) Section R303.4 Mechanical Ventilation.

(2) Chapter 11 Energy Efficiency.

(3) Section M1411.8 Locking access port caps.

(4) Section G2414.5.2 (403.5.2) Copper, copper alloy tubing.

(Ord. No. 2012-06-4302, § 2(16.04.050), 6-6-2012; Ord. No. 2016-12-4426, § 3, 12-20-2016)

Sec. 14-45. - Amendments to the International Plumbing Code.

(a) The following amendments and additions are made to the International Plumbing Code:


(2) Section 106.6.2 insert: See Arkansas City Comprehensive Fee Schedule for applicable fee schedule.

(3) Section 109.2 is amended to read: The Building Trades Board of the City of Arkansas City, Kansas [(The Board] ) is hereby appointed as the appeals board to hear any appeals made on decisions of the city code official.

(4) Section 109.6 is amended to read: The Board may modify or reverse the decision of the code official by majority vote of a quorum.

(5) Section 305.5 is amended to read in its entirety as follows: Pipes through or under footings or foundation walls. Any pipe that passes under a footing or through a foundation wall shall be provided with a relieving arch, or a pipe sleeve pipe shall be built into the foundation wall. The sleeve shall be ½ inch greater in size than the pipe passing through the wall.

(6) Section 305.4.1 this section is amended by inserting the number "12 inches" and again "12 inches".


Section 503.3 Hot and cold water branch lines connected to and within 18 inches of the water heater connection shall be of brass, K, L, or M copper or galvanized steel, or an approved metallic water heater connector.

(8) Section 603.2 is amended by amending the last sentence of the section to read: The required separation distance shall not apply where the bottom of the water service pipe that is located within 5 feet (1524 mm) of the sewer is not less than 24 inches (610 mm) above the highest point of the top of the building sewer.

(9) Section 603 is amended by adding: Section 603.3 Tracer wire: For the purpose of locating building sewer lines, all new and replacement installations using non-metallic pipe or tubing shall have a #12 THHW copper conductor or equivalent tracer wire installed with the service line. The tracer wire shall be installed as follows:

Water line: The tracer wire shall extend from six (6) inches above the meter box cover through the meter box to the point where it enters the building where it shall be connected to a one half (1/2) pound anode or larger.

Yard hydrant: the The tracer wire shall extend six (6) inches above the surface of the ground at the yard hydrant to a point of connection to the water service, where it shall be connected to an existing tracer wire or grounded to a one half (1/2) pound anode or larger.

Lawn sprinkler: The tracer wire shall extend from six (6) inches above the surface of the ground at the backflow device to a point of connection to the water service, where it shall be connected to an existing tracer wire or grounded to a one half (1/2) pound anode or larger.

Exception: The tracer wire may be omitted on the lawn sprinkler piping installed after the backflow device located on private property.

(10) Section 608.1 is amended by adding: In addition to the requirements covered by this section; all water supply systems connected to a public water system shall comply with Article IV Water Supply Cross Connections Sections 78-141 through Section 78-174.

(11) Section 608.15.4 is amended by adding: Section 608.15.4.3 Yard Hydrants. When installed, water piping shall be ridge type "K" copper, brass or galvanized pipe for a distance of 6 inches on both sides of the hydrant (freeze proof), or a minimum 6 6-inch extension of type "K" copper, brass or galvanized pipe attached before the yard hydrant (freeze Proofproof). Adequate rock or gravel shall be installed at the base of the hydrant to allow for a drainage field for the hydrant drain. Hydrants shall be fitted with a non-removable hose bib vacuum breaker and the weep hole shall be fitted with a 1/8 8-inch Elbow elbow and a short nipple. Hydrants shall be supported by steel tee post and attached to the tee post by a minimum 2 stainless steel bands. Bands shall be installed 6 inches above finished grade and within 6 inches of the hydrant head.

(12) Section 703.1 is amended to read: Where the building sewer is installed within 5 feet (1524 mm) of water service, as provided for in section 603.2, the building sewer pipe shall conform to one of the standards for ABS plastic pipe, copper or copper-alloy tubing, or PVC plastic pipe listed in Table 702.3.



Section 703.7 Tracer wire ; For the purpose of locating building sewers, all new installations and replacements shall have a #12 THHW or equivalent tracer wire installed with the sewer. The tracer wire shall extend from the surface of the ground at the cleanout to the tap, where it shall be connected to an existing tracer wire or grounded to a one half (1/2) pound anode or larger.

(14) Section 715.1 Sewage backflow is amended to read; All new or replacement building sewer shall include a backflow prevention device. The backflow prevention device shall be installed as close to the building as is practical and upstream of the cleanout, and shall be made accessible for periodic cleaning by the building owner.

Section 715.1.1 Existing building sewers ; when repairs to an existing building include the removal of a house trap of replacement of 5 feet of drain line and/or installation of a cleanout, the backflow prevention device shall be installed as close to the building as practical and upstream of the cleanout.

Exception: Backflow prevention device may only be omitted if approved by the authority having jurisdiction.

(15) Section 903.1 amended by insertion of six inches (6).

(16) Section 918.3 is amended by adding; when permitted, permission shall be required from the building official and noted on the Plumbing Permit.

(b) The following sections of the International Plumbing Code, 2015 Edition, are deleted:




(Ord. No. 2012-06-4302, § 2(16.04.060), 6-6-2012; Ord. No. 2016-12-4426, § 4, 12-20-2016)

Sec. 14-46. - Amendments to the International Property Maintenance Code.

The following amendments and deletions are made to the International Property Maintenance Code:

;h1; Section 101.1 is amended to insert: City of Arkansas City, Kansas.


Historic buildings. Except as provided by Section 304.13.3, the provisions of this code shall not be mandatory for existing buildings or structures designated as historic buildings when such buildings or structures are judged by the code official to be safe and in the public interest of health, safety, and welfare.

Section 107.2 is amended to read in its entirety as follows, which — in additional to Section 302.4 — shall constitute the City of Arkansas City's weed removal and notification procedure pursuant to Kan. Stat. Ann. 12-1617f:

Such notice prescribed in Section 107.1 shall:

1. Be in writing;

2. Include a description of the real estate sufficient for identification;

3. Include a statement of the violation or violations and why the notice is being issued;

4. Include a correction order allowing a reasonable time to make the repairs and improvements required to bring the dwelling unit or structure into compliance with the provisions of this code;

5. Inform the owner or occupier that they may be issued a notice to appear in Municipal Court if the violation is not

1 []corrected ;

6. Comply with other provisions of Kan. Stat. Ann. 12-1617f, if the City intends to assess the costs of weed abatement to the parcel; and

7. Include a statement of the right to file a lien in accordance with Section 106.3.

Section 111 is amended to read in its entirety as follows:

The city code official may issue a notice to appear in Municipal Court for all violations of this code.


Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be fined in an amount set by resolution of the board of city commissioners.

2 []

Section 302.4 is amended to insert: 12 inches


Section 304.13.3 is added to read as follows:

Windows:

(1) All window frames or other openings in the wall of a structure for a window (hereafter collectively "window frame") shall be filled, in compliance with applicable building and housing codes, with material capable of closing and sealing the entire window frame to bar access to the structure from pests, rodents, insects, birds, or other animals.

(2) When removing or replacing material, including but not limited to, glass, wood products, metal, or corrugated filler, within any window frame, the material shall be replaced with a material capable of closing and sealing the entire window opening, and consisting of:

(a) A rigid and transparent material, excluding Plexiglas;

(b) A decorative or tinted pane or panes of glass; or

(c) The same material as contained in the original construction of the structure, or a modern, improved material that has the same appearance as that in the original construction.

(3) If otherwise in compliance with applicable building and zoning codes, in lieu of the requirements set forth above, windows may be permanently removed permanently by closing the opening with the same material and color as the surrounding exterior of the building, so that the wall does not appear to contain the window and window frame. If the same material and color are not available, upon written request, the code enforcement officer may approve an alternative material and/or color that meet the intent and objective of this section, upon written request.



(Ord. No. 2012-06-4302, § 2(16.04.080(A)—(H)), 6-6-2012; Ord. No. 2014-03-4353, § 1, 3-4-

2014; Ord. No. 2016-12-4426, § 5, 12-20-2016)


Footnotes:

--- () ---

Current IPMC states "inform the property owner of the right to appeal"

--- () ---

Current IMPC states . . ."or unsafe condition, shall be liable to a fine of not less than [AMOUNT] dollars or more than [AMOUNT] dollars."

Sec. 14-47. - Amendments to the International Fuel Gas Code.

(a) The following amendments and additions are made to the International Fuel Gas Code:

(1) Section 101.1 Insert: City of Arkansas City, Kansas.


(3) Section 109.2 is amended to read: The Building Trades Board of the City of Arkansas City [(The Board] ) is hereby appointed as the "Appeals Board" to hear any appeals made on of decisions of the city code official.

(4) Section 109.6 Board decision is amended to read: The Board may modify or reverse the decision of the city code official by a majority vote of a quorum.

(5) Section 403.5 is amended to read: Seamless aluminum alloy and steel tubing shall not be used with gases corrosive to such material.

(6) Section 406.1.4 Section Testing is amended by deleting the sentence: Under no circumstances shall a valve be used as a bulkhead between gas in one section of the piping system and test medium in an adjacent section, except where a double block and bleed valve system is installed.

(b) The following sections of the International Fuel Gas Code are deleted:




(4) Section 403.4.3 Copper and brass

(5) Section 403.5.2 Copper and brass tubing

(Ord. No. 2016-12-4426, § 7, 12-20-2016)

Sec. 14-48. - Amendments to the National Electrical Code.

(a) The following amendments are made to the National Electrical Code:

1. Article 80 Administration and Enforcement (Appendix H)

(1) Article 80.15 (A) through (F) is deleted and amended to read: The Building Trades Board of the City of Arkansas City, Kansas is hereby appointed as the [(The Board]. ).

(2) Article 80.19 (F) (3) insert: 2 business.

(3) Article 80.23 (3) insert: one hundred, 100.00, five hundred, 500.00, one, 1, thirty, 30.

(4) Article 80.25 (C) insert: 2.

(5) Article 80.29 Insert: jurisdiction.

(6) Article 80.35 Insert: thirty, 30.

2. Article 210, Branch Circuits

(1) Article 210.19 Conductors—Minimum Ampacity and Size. (1) General, is amended to read:

Branch circuit and small feeder conductors shall be of No. 12 A.W.G. or larger and shall be copper. Exception: No. 6 or larger stranded aluminum or copper clad aluminum may be used when properly treated against corrosion with an approved compound and used with approved connectors. Branch-circuit conductors shall have an ampacity not less than the maximum load to be served. Conductors shall be sized to carry not less than the larger of 210.19 (A)(1)(a) or (b).

(a) Where a branch circuit supplies continuous loads or any combination of continuous and non-continuous loads, the minimum branch-circuit conductor size shall have an allowable ampacity not less than the non-continuous load plus 125 percent of the continuous load.

(b) The minimum branch-circuit conductor size shall have an allowable ampacity not less than the maximum load to be served after the application of any adjustment of correction factors.

Exception: If the assembly, including the overcurrent devices protecting the branch-circuit(s), is listed for operation at 100 percent of its rating, the allowable ampacity of the branch-circuit conductors shall be permitted to be not less than the sum of the continuous load plus the non-continuous load.

(2) Table 210.24 Summary of Branch-Circuit Requirement, Circuit Rating 15 A - Circuit wires is amended by deleting 14 and inserting 12.

3. Article 225, Outside Branch Circuits and Feeders

(1) Article 225.17 Masts as Support is amended to read:

Only feeder or branch-circuit conductors specified within this section shall be permitted to be attached to the feeder and/or branch-circuit mast. Mast used for the support of final spans of feeders or branch circuits shall be a minimum of two (2) inch galvanized rigid steel or greater and shall be installed in accordance with 225.17(A) and (B).

(2) Article 225.18 is amended by amending item (2) to read as follows:

(2) 4.5 m (15 ft.) —- over residential property and driveways and those commercial areas not subject to truck traffic where the voltage does not exceed 300 volts to ground.

4. Article 230, Services

(1) Article 230.24, Clearances, (B) Vertical Clearance from Ground, item (2) is amended to read as follows:

(2) 4.5 m (15 ft.) —- over residential property and driveways and those commercial areas not subject to truck traffic where the voltage does not exceed 300 volts to ground.

(2) Article 230.28, Service Masts as Supports, is amended to read as follows:

Only power service-drop or overhead service conductors specified within this section shall be permitted to be attached to the service mast. Service mast used for the support of final

spans of service drop or overhead service conductors shall be a minimum of two (2) inch galvanized rigid steel or greater and shall be installed in accordance with 230.28 (A) and (B).

(3) Article 230.31 (A) General, is amended by adding the following sentence:

Underground service-lateral conductors for 200 200-ampere services or larger may be installed provided that written approval from local utility provider is received and shall be installed according to the local utility provider's 'Typical “Typical Permanent Underground Service' Service” details.

(4) Article 230.43, Wiring Methods for 600 Volts, Nominal, Or Less, is amended by deleting the following categories:

(1) Open wiring on insulators;

(2) Type IGS cable;

(6) Electrical Nonmetallic tubing (ENT);

(7) Service-entrance cables;

(13) Type MC Cable;

(14) Mineral-insulated, metal-sheathed cable;

(16) liquid-tight flexible nonmetallic conduit.

(6) Article 230.70, (A) (1) Readily Accessible Location, is amended to read as follows:

The service disconnect shall be installed at a readily accessible location outside of the building, either directly below or adjacent to the meter socket.

Exception: A shunt trip main breaker may be used when written approval is given by the Fire Marshal and Building Official. Location of the shunt trip push button shall be located in a readily accessible location approved by the Fire Marshal.

5. Article 334 Nonmetallic-Sheathed Cable: Types NM, NMC, and NMS

(1) Article 334.10 Uses Permitted, is amended by deleting the following item: (3)

6. Article 362 Electric Nonmetallic Tubing: Type ENT

(1) Article 362.10 Uses Permitted, is amended to read as:

The use of ENT and fittings may be used for the installation of communication and data cables where enclosed in chases or wall cavity.

7. Article 406 Receptacles, Cord Connectors, and Attachment Plugs (Caps)

(1) Article 406.12 Tamper-Resistant Receptacles, is amended by added a new exception.

Exception: 5. A single or duplex receptacle used for countertop appliances or other electric devices where such receptacles are located over a standard height and size countertop.

8. Article 408 Switchboards and Panelboards

Article 408.54 Number of Overcurrent Devices is amended by adding the following sentence:

The panelboard shall be of a size large enough to allow the installation of all circuit overcurrent devices required for the present installation and at least two (2) additional spaces for two hundred twenty (220) volt two-pole circuit overcurrent devices (4 spaces) for future use or two (2) additional spaces for two 3-pole overcurrent devices (6 spaces) for 3 phase panels for future use.


(b) The following sections are deleted in full:

1. Article 80.27 Inspector's Qualifications

(Ord. No. 2012-06-4302, § 2(16.04.090), 6-6-2012; Ord. No. 2016-12-4426, § 8, 12-20-2016)

Sec. 14-49. - Amendments to the International Mechanical Code.

(a) The following amendments and additions are made to the International Mechanical Code:

(1) Section 101.1 insert: City of Arkansas City, Kansas


(3) Section 109.2 is amended to read; The Building Trades Board of the City of Arkansas City [(The Board] ) is hereby appointed as the "Appeals Board" to hear any appeals made on of decisions of the city code official.

(4) Section 109.6 is amended to read: The Board may modify or reverse the decision of the city code official by majority vote of a quorum.

(5) Section 601.5 Return Air Openings is amended by deleting item 3. The amount of return air taken from any room or space shall be not greater than the flow rate of supply air delivered to such room or space.

(6) Section 1009.2 Closed-type expansion tanks is amended by adding to the end of the sentence, or as determined by the design professional.

(7) Section 1102.3 Access port protection is amended to read; Refrigerant access ports shall be protected by standard port caps whenever refrigerant is added to or recovered from refrigeration or air-conditioning systems.

(b) The following sections of the International Mechanical Code are deleted:




(4) Section 1101.10 Locking-access port cap

(Ord. No. 2016-12-4426, § 9, 12-20-2016)

Sec. 14-50. - Amendments to the International Existing Building Code.

(a) The following amendments and additions are made to the International Existing Building Code:


(2) Section 108.2 insert: See Arkansas City Comprehensive Fee Schedule for applicable fee schedule.

(3) Section 112.3 insert: The Building Trades Board of the City of Arkansas City, Kansas [(The Board] ) is hereby appointed as the appeals board to hear any appeals made on of decisions of the city code official.

(4) Section 1401.2 Insert: Effective Date January 1, 2017.

(Ord. No. 2016-12-4426, § 10, 12-20-2016)

Sec. 14-51. - Amendments to International Private Sewage Disposal Code.

(a) The following amendments and additions are made to the International Private Sewage Disposal Code:


(2) Section 101.3. Amend to read: When a private disposal system fails and the public sewer is available within 300 feet, as provided in section 62-229(d), the private disposal system shall be abandoned and an approved connection to the public sewer shall be completed, unless otherwise approved by the city engineer or his or her designee.


(4) Section 109.2 is amended to read: The Building Trades Board of the City of Arkansas City [(The Board] ) is hereby appointed as the "Appeals Board" to hear any appeals made on of decisions of the city code official.

(5) Section 109.6 is amended to read: Limitations on Authority. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted incorrectly, the provisions of this code do not fully apply, or an equally good or better form of construction is proposed. The board shall have no authority to waive requirements of this code.

(b) The following sections of the International Private Sewage Disposal Code are deleted:



(3) 109.2.3

(Ord. No. 2016-12-4426, § 11, 12-20-2016)


ARTICLE III. - DISASTER DAMAGE AND RECOVERY PLAN

Sec. 14-70. - Adopted by reference, Kansas Uniform Disaster Building Damage Assessment Inspection

and Recovery Plan and the 1997 Uniform Code for Abatement of Dangerous Buildings.

The city adopts by reference the following code: the Kansas Uniform Disaster Building Damage Assessment Inspection and Recovery Plan, as approved by the Kansas Emergency Preparedness Department, and the 1997 Uniform Code for Abatement of Dangerous Buildings.

(Ord. No. 2012-06-4302, § 2(16.05.010), 6-6-2012)


ARTICLE IV. - MOVING BUILDINGS

Sec. 14-99. - Permit required.

(a) It is unlawful for any person, firm or corporation to move, haul or transport any house, building, derrick, or other structure of the height of 16 feet or over, or width of 14 feet or over, or length of 75 feet or over, upon, across, or over any public highway, local street, or alley, within the limits of the city, upon which public highway, road, street, or alley, any telephone, telegraph, electric light, or electric power wires or other facilities are in place (collectively utilities), without first obtaining a permit therefor.

(b) All applicants for a permit shall complete the application form on file with the public works departmentcity and submit it, to that office along with the fee set by resolution of the board of city commissioners, and a good and sufficient surety bond in favor of the city in the sum of $10,000.00, indemnifying the city against any damage to streets and any loss or damage suit resulting from the failure of such person, firm, or corporation to comply with the provisions of this article or from their neglect.

(c) Upon receipt of a completed application and permit fee, the code enforcement officer shall investigate the application, and if the application is true and correct, shall give at least 30 days' notice of the proposed move to all utilities within the proposed route.

(d) Upon the expiration of 30 days after notice, payment by the applicant of the costs described in section 14-100 below, and the moving of all affected utilities, the code enforcement officer shall issue a permit for same and within the permit, designate the route for such moving.

(e) The permit holder shall give the code enforcement officer and utilities not less than 24 hours' advance notice of the actual date for the move; , provided that should the moving operation be delayed, the permit holder shall again give such notice again.

(f) All permits shall be valid for six months after the date of issuance.

(Ord. No. 2012-06-4302, § 2(16.06.010), 6-6-2012)

Sec. 14-100. - Duty of owners.

(a) All utilities owning or operating such wires, cables, or other aerial equipment after service of notice of the move must remove, raise, or cut such wires, cables, or other aerial equipment as will be necessary to facilitate applicant's moving operations within 30 days of notice, and advanced payment or acceptable surety arrangements in lieu of advanced payment of the costs incurred to accommodate the applicant's proposed move.

(b) Violation of this section shall render such utility liable to the applicant in an amount not to exceed $100.00 per day for each day such utility fails and refuses to so accommodate applicant's moving operations.

(Ord. No. 2012-06-4302, § 2(16.06.020), 6-6-2012)

Sec. 14-101. - Molesting wires.

No person, firm, or corporation engaged as principal or employee in moving any house, building, derrick, or any other structure, shall move, touch, cut, molest, or in any way interfere with telephone, telegraph, electric light, or electric power wires, or any poles bearing such wires or any other equipment.

(Ord. No. 2012-06-4302, § 2(16.06.030), 6-6-2012)

Sec. 14-102. - Code enforcement officer to inspect moving operations.









The code enforcement officer shall inspect the progress of the moving of any house, building, derrick or other structure to ensure the structure is moved in accordance with this article. To protect pavement, crossings, culverts, drains, or bridges on the route, the code enforcement officer may require the applicant to properly plank such places properly to prevent damage.

(Ord. No. 2012-06-4302, § 2(16.06.040), 6-6-2012)

Sec. 14-103. - Display of lights in barricade.

Any person, firm or corporation engaged in the moving of any building, derrick, or other high or heavy structure, machine, or thing along, across, or over any street, avenue, alley, or other public property of the city, shall keep and maintain red lights at night, visible to anyone approaching the building or other structure from either direction, and shall notify the fire chief and the police chief where the building or structure is stopped for the night.

(Ord. No. 2012-06-4302, § 2(16.06.050), 6-6-2012)

Secs. 14-104—14-134. - Reserved.

ARTICLE V. - INSURANCE PROCEEDS FROM DAMAGE TO BUILDINGS BY FIRE, EXPLOSION OR

WINDSTORM

Sec. 14-135. - Lien created on insurance proceeds.

(a) Pursuant to K.S.A. 40-3901 et seq., which is incorporated by reference as if fully set forth herein, the board of city commissioners hereby creates a lien in favor of the city on the proceeds of any insurance policy based upon a covered claim payment made for damage or loss to a structure located within the city, caused by or arising out of fire, explosion, or windstorm, where the proceeds recoverable for all the loss or damage to the structure under all policies is in excess of 75 percent of the face value of the policy covering such insured structure.

(b) The lien arises upon any unpaid tax, special ad valorem levy, or any other charge imposed upon real property by or on behalf of the city which is an encumbrance on real property, whether or not evidenced by written instrument, or such tax, levy, assessment, expense or other charge that has remained undischarged for at least one year prior to the filing of a proof of loss.

(Ord. No. 2012-06-4302, § 2(16.07.010), 6-6-2012)

Sec. 14-136. - Encumbrances.

(a) Prior to final settlement on any claim covered by this article, the insurer or insurers shall contact the county treasurer, to determine the amount of any encumbrances against the insured property. If any, the insurer or insurers shall execute and transmit in an amount equal to that owing under the encumbrances a draft payable to the county treasurer, to apply to the encumbrance.

(b) Such transfer of proceeds shall be on a pro rata basis by all insurance companies insuring the property.

(Ord. No. 2012-06-4302, § 2(16.07.020), 6-6-2012)







Sec. 14-137. - Procedure.

(a) When final settlement on a covered claim has been reached between the insured and the insurer, the settlement exceeds 75 percent of the face value of the policy, and the holder of any first real estate mortgage on the insured property has been paid the amount due under the mortgage, the insurer shall pay to the city treasurer 15 percent of the covered claim, unless the code enforcement officer certifies that the damaged structure and debris has been removed or otherwise made safe and secure. Such payment shall be made on a pro rata basis by insurers, if more than one. In addition to payment, the insurer shall provide separately to the city the name and address of the named insured; the total insurance coverage applicable to said structure; and the amount of the final settlement.

(b) Upon receipt, the city shall send by registered mail a notice to the insured of the requirements of this article, and that insurance proceeds have been received.

(Ord. No. 2012-06-4302, § 2(16.07.030), 6-6-2012)

Sec. 14-138. - Building inspector; investigation, removal of structure.

(a) Upon receipt of funds under this article, within 30 days the city shall either instigate nuisance or dangerous structure proceedings, or return the funds received to the insured.

(b) If the city instigates nuisance or dangerous structure proceedings, and the insured fails to resolve violations of state law and/or this code, the city may use the insurance proceeds to resolve the violations and/or make the property safe and secure. The amount of insurance proceeds that exceed the cost to remove the violations, if any, shall be paid to the insured and the lien against the property arising out of the loss shall be released. Should insurance proceeds fail to be sufficient to resolve the violations, then the city may proceed to collect the excess costs under all procedures available under the law.

(Ord. No. 2012-06-4302, § 2(16.07.040), 6-6-2012)

Secs. 14-139—14-159. - Reserved.

ARTICLE VI. - NUMBERING AND SITE ADDRESSING SYSTEM

Sec. 14-160. - Streets and avenues.

All houses or buildings fronting public streets in the city shall be numbered in conformity with the following provisions:

(1a) On streets running north and south, the numbering shall commence at the intersection of Central Avenue with number 100 on the east, side and number 101 on the west side of the street, and shall increase going north and south, giving each 25 feet a number along the building line to the intersection to the next street; thence commencing with number 200) on the east side and 201 on the west side of the streets, and so on through each street;.

(2b) On avenues running east and west, the numbering shall commence at the intersection of Summit Street with number 100 on the north side and number 101 on the south side of the avenues, and shall increase going east or and west, giving a number to each 25 feet a number along the building line to the intersection to the next avenue; thence commencing with number 200 on the north side and 201 on the south side of the avenue, and so on through each avenue.









(Ord. No. 2012-06-4302, § 2(16.08.010), 6-6-2012)

Sec. 14-161. - Placement.

Buildings shall have approved address numbers, building numbers, or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall be a minimum of four inches (102 mm) high with a minimum stroke width of ½ inch (12.7 mm). Where access is by means of a private road and the building address cannot be viewed from the pubic way, a monument, pole, or other sign or means shall be used to identify the structure.

(Ord. No. 2012-06-4302, § 2(16.08.020), 6-6-2012)

Sec. 14-162. - Assignment.

The public works departmentneighborhood services division shall assign numbers to all buildings in conformance with the requirements set forth in this article.

(Ord. No. 2012-06-4302, § 2(16.08.030), 6-6-2012)

Sec. 14-163. - Exception to system.

The code enforcement officer is authorized to establish exceptions to the numbering system described in this article as may be necessary by the irregular routing of any street or avenue of the city. All changes of this nature shall meet the criteria laid out in the adopted subdivision regulations in part III of this Municipal Code.

(Ord. No. 2012-06-4302, § 2(16.08.040), 6-6-2012)

Secs. 14-164—14-194. - Reserved.

ARTICLE VII. - BUILDING TRADES

Sec. 14-195. - Licensing.

(a) Generally. All contractors described in section 14-196 shall obtain a license and may require certification or examination prior to working in the city.

(1) An application shall be made in writing to the code enforcement officer, on the form on file with that office, with the required fee as set by the board of city commissioners. The code enforcement officer shall forward all initial applications to the building trades board for review and approval.

(2) A separate contractor's license is required for contractors engaged in more than one building trade, h. However, the bonding and insurance requirements are met for all building trades under one contractor's license.

(3) All licenses shall be issued for a period of two years, and shall expire on December 31 of even-numbered years.





(4) Renewal. Renewal fees are due and payable by the date of expiration of the license. Failure to renew the license by the date of expiration shall require the applicant to apply for a new license. For any current license that expires May 31, 2013, a renewal license will be issued for 19 months upon payment of a pro rata renewal fee. Persons not renewing by January 31 of each odd-numbered year shall have their certificate canceled, and shall be regarded as new applicants for certification and/or examination and certification by the board.

(b) Bond requirements. Every electrical, plumbing, private sewage disposal, mechanical, general, building, residential, and limited contractor shall furnish to the city a good and sufficient surety bond in the sum of $4,000.00, conditioned that the principal and his or its her employees, agents, and servants will comply with all of the ordinances of the city, and will hold the city harmless and free from all loss or damage to persons or property resulting out of negligence or failure of such persons to use due care in performing any work for which such license is required. Such bond shall be kept in full force and effect at all times the contractor does work in the city.

(c) Insurance requirements. Contractors must purchase and maintain such insurance as will protect him them from claims under workers compensation laws, disability benefit laws or other similar employee benefit laws; from claims for damages because of bodily injury, occupational sickness or disease, or death of his employees, and claims insured by usual personal injury liability coverage; from claims for damages because of bodily injury, sickness or death of any person other than his employees, including claims insured by usual personal injury liability coverage; and from claims for injury to or destruction of property, including loss of use resulting therefrom, any or all of which may arise out of or result from contractor’s operations, whether such operations be by himself the contractor or by any subcontractor, or anyone directly or indirectly employed by any of them, or for whose acts any of them be legally liable. The insurance shall be written for not less than:

(1) All electrical, plumbing, private sewage disposal or mechanical contractors shall be required to carry insurance policies with minimum limitations of coverage as follows:



(2) All general and building contractors shall be required to carry insurance policies with minimum limitations of coverage as follows:

a. $1,000,000.00—Personal injury*


(3) All residential contractors shall be required to carry insurance policies with minimum limitations of coverage as follows:



(4) All limited contractors shall be required to carry insurance policies with minimum limitations of coverage as follows:



*or any equivalent thereto.

(5) All contractors must provide workers compensation (as required by law) and shall include contractual liability insurance. The contractor will file with the city certificates of such insurance, on a form acceptable to the city; . these These certificates shall contain a provision that the coverage afforded under the policies shall not be canceled or materially changed until at least 15 days’ prior written notice has been given provided to the city.
















(d) Revocation. The building trades board, upon information received or upon request of the code enforcement officer, shall have the power and is directed to suspend for a definite time or to revoke at their discretion any certificate granted pursuant to this article, if after notice and opportunity to be heard, the person holding such certificate is found guilty by the board of violating the terms and conditions of this article or this Codecode, provided such aggrieved person may have ten (10) days before having the such certificate revoked, to appeal to the board of city commissioners for a review of the facts, conditions and circumstances prompting the building trades board to revoke such license.

(Ord. No. 2012-06-4302, § 2(16.10.010), 6-6-2012)

Sec. 14-196. - Contractors subject to licensure and examination.

The following skilled and qualified tradesmen shall be included in the city's building trades, and shall be examined, certified and licensed:

(2a) Contractor means any person, firm or corporation, whether a resident or not of this city, which undertakes with or for another for a fixed sum, fee, or any compensation, or which advertises or represents to the public to have the ability to undertake or submit a bid or offer to build, construct, alter, add to, restore, remodel, or replace any building, structure, or construction project or any part thereof.

(1b) Electrical contractor means any personmaster electrician, firm, or corporation that is engaged in the business of installing or repairing electrical wiring and is qualifiedhas a current license issued by the city or employs master electricians who are qualified to serve the public in the installation, repairingrepair, rewiring, and maintenance of electrical wiring, or any master electrician, as qualified, hereinabove who associates himself or herself with any person, or creates any firm, co-partnership, corporation, or combination thereof, for the purposes of advertising or representing to the public as having the capacities incapacity and/or abilities ability to undertake or submit a bid or offer to install, construct, alter or, repair, add to, or remove, restore, or replace, any electrical wiring and may employ other electricians, either master or journeymenjourneyman, following filing of a bond and insurance certificate as required in this article; provided an electrical contractor, having proof of having passed the duly recognized test as designated by K.S.A. 12-1501 et seq., and upon providing a proper and sufficient bond as well as public liability and property damage insurance certificates, both as defined in this article, may be issued an electrical contractor’s certificateand has proof of having passed the duly recognized test, as designated by K.S.A. 12-1501 et seq.

(2) Contractor means any person, firm or corporation, whether a resident or not of this city, which undertakes with or for another for a fixed sum, fee or any compensation, or which advertises or represents to the public to have the ability to undertake or submit a bid or offer to build, construct, alter, add to, restore, remodel or replace any building, structure or construction project or any part thereof.

((61)) Master electrician means any person who is qualified, equipped, and certified and equipped to properly lay out, plan, and make any installation, repair or maintenance of electrical wiring, appliances, fixtures, motors and other apparatus requiring electrical current , and holds a current master electrician’s certificate and license showing him or her to be so qualified, and has no employees, except as an active member or officer of an electrical contractor; provided, a master electrician, having proof of having passed the duly recognized test as designated by K.S.A. 12-1501 et seq., shall be issued a master electrician’s' certificate.

((32)) Journeyman electrician means any person who is qualified, equipped, and certified to do electrical wiring,, electrical repairs, and electrical maintenance or in any way work at the occupation of electrician for and under the direction of a certified master electrician; provided, a journeyman, having proof of having passed the duly recognized test as designated by K.S.A. 12-1501 et seq., shall be issued by the a journeyman electrician's certificate.


















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(10c) Plumbing contractor. In order to qualify under this article as a plumbing contractor,means any master plumber, firm, or corporation that is engaged in the business of installing or repairing plumbing who has been qualified as and has a master plumber's certificate issued by the trades board, and has a current license issued by the city or employs master plumbers who are qualified to serve the public in the installation, repair, and maintenance of plumbing, or any master plumber as qualified hereinabove who associates himself or herself with any person, or creates any firm, co-partnership, corporation, or combination thereof, for the purposes of advertising or representing himself or itself to the public has having the capacity and/or ability to capacity and/or ability to undertake or submit a bid or offer to install, construct, alter, repair, add to, or remove, restore, or replace any plumbing fixtures or appurtenances thereof, and may employ other plumbers, either master or journeyman plumbers, following the filing of a bond and insurance certificate as required in this article; provided, a plumbing contractor, having proof of having passed the duly recognized test as designated by K.S.A. 12-1501 et seq., or the applicable examination as issued by the International Code Council, Falls Church, Virginia, and upon upon providing a proper and sufficient bond andas well as public liability and property damage insurance certificates, both as defined in this article, may be issued a plumbing contractor's certificate.

((91)) Master plumber means any person thatwho is qualified, equipped, and certifiedhas a proficiency to lay out, plan, install or performand make any installation, repair or maintenance onof existing plumbing, andand has demonstrated thesuch skills and knowledge to the satisfaction of the plumbing board of examiners, andand holds a current master plumber's certificate and license showing him or her to be so qualified, and has no employees, except as an active member or officer of a plumbing contractor; provided, a master plumber, having proof of having passed the duly recognized test as designed by K.S.A. 12-1501 et seq., or the applicable examination as issued by the International Code Council, Falls Church, Virginia, shall be issued a master plumber's certificationcertificate.

((52)) Journeyman plumber means a person who is qualified, equipped, and certified to do plumbing, plumbing repairs, and plumbing maintenance, or in any way work at the occupation of plumbingplumber for and under the direction of a certified master plumber; provided, a journeyman plumber, having proof of having passed the duly recognized test as designated by K.S.A. 12-1501 et seq., or the applicable examination as issued by the International Code Council, Falls Church, Virginia, shall be issued thea journeyman plumbingplumber’s certificate.

(8d) Mechanical contractor. In order to qualify under this article as a mechanical contractor,means any master mechanical specialist, firm, or corporation that is engaged in the business of installing or repairing mechanical systems who has been qualified as and has a master mechanical specialist certificate issued by the trades board, and has a current license issued by the city or employs master mechanical specialists who are qualified to serve the public in the installation, repair, and maintenance of mechanical systems, andor any master mechanical specialist as qualified hereinabove who associates himself or herself with any person, or creates any firm, co-partnership, corporation, or combination thereof, for the purposes of advertising or representing himself or itself to the public has having the capacity and/or ability tocapacity and/or ability to undertake or submit a bid or offer to install, construct, alter, repair, add to, or remove, restore, or replace any mechanical fixtures or appurtenances thereof, and may employ other mechanical specialists, either master or journeyman mechanical specialists, following the filing of a bond and insurance certificate as required in this Aarticle; provided, a mechanical contractor, having proof of having passed the duly recognized test as designated by K.S.A. 12-1501 et seq., or the applicable examination as issued by the International Code Council, Falls Church, Virginia, and upon providing a proper and sufficient bond andas well as public liability and property damage insurance certificates, both as defined in this article, may be issued a mechanical contractor's certificate.

((71)) Master mechanical specialist means any person who is qualified, equipped, and certified by showing proof of having passed the standard examination for master mechanical specialist as per K.S.A. 12-1501 et seq., to properly lay out, and plan, and make any installation, repair, or maintenance of mechanical systems, to include heating, air conditioning, refrigeration and ventilation, and holds a current master mechanical specialist’s certificate and license showing

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him or her to be so qualified, and has no employees, except as an active member or officer of a mechanical contractor; provided a master mechanical specialist, having proof of having passed the duly recognized examination per K.S.A. 12-1501 et seq., or the applicable examination as issued by the International Code Council, Falls Church, Virginia, shall be issued a master mechanical specialist’s certificate.

((42)) Journeyman mechanical specialist means a person who is qualified, equipped, and certified by showing proof of having passed the standard examination for journeyman mechanical specialist, per K.S.A. 1501 et seq., to do do mechanical installations, repairs, or and maintenance, or in any way work at the occupation of the mechanical industry specialist for and under the direction of a certified master mechanical specialist; provided, a journeyman mechanical specialist, having proof of having passed the duly recognized examination per K.S.A. 1501 et seq., or the applicable examination as issued by the International Code Council, Falls Church, Virginia, shall be issued a journeyman mechanical specialist’s certificate.

(5) Journeyman plumber means a person who is qualified and certified to do plumbing, plumbing repairs and maintenance or in any way work at the occupation of plumbing for and under the direction of a certified master plumber; provided, a journeyman plumber having proof of having passed the duly recognized test as designated by K.S.A. 12-1501 et seq., shall be issued the journeyman plumbing certificate.

(6) Master electrician means any person who is qualified, certified and equipped to properly lay out, plan and make any installation, repair or maintenance of electrical wiring, appliances, fixtures, motors and other apparatus requiring electrical current; provided, a master electrician having proof of having passed the duly recognized test as designated by K.S.A. 12-1501 et seq., shall be issued a master electricians' certificate.

(7) Master mechanical specialist means any person who is qualified, equipped and certified by showing proof of having passed the standard examination for master mechanical specialist as per K.S.A. 12-1501 et seq., to properly lay out and plan and make any installation, repair, or maintenance of mechanical systems to include heating, air conditioning, refrigeration and ventilation; provided a master mechanical specialist having proof of having passed the duly recognized examination per K.S.A. 12-1501 shall be issued a master mechanical specialist certificate.

(8) Mechanical contractor. In order to qualify under this article as a mechanical contractor, any master mechanical specialist who has been qualified as and has a master mechanical specialist cer tificate issued by the trades board, has a current license issued by the city, and any master mechanical specialist as qualified hereinabove who associates himself with any person or creates any firm, co -partnership, corporation or combination thereof, for the purposes of advertising or representing himself or itself to the public has having the capacity and/or ability to undertake or submit a bid or offer to install, construct, alter, repair, add to or remove, restore or replace any mechanical fixtures or appurtenances thereof and may employ other master or journeyman mechanical specialists, following the filing of a bond and insurance certificate as required in this Article; provided, a mechanical contractor, having proof of having passed the duly recognized test as designated by K.S.A. 12-1501 et seq., upon providing a proper and sufficient bond and public liability and property damage insurance certificates, both as defined in this article, may be issued a mechanical contractor's certificate.

(9) Master plumber means any person that has a proficiency to lay out, plan, install or perform maintenance on existing plumbing and has demonstrated the skills and knowledge to the satisfaction of the plumbing board of examiners and holds current master plumber's certificate and license showing him to be so qualified and has no employees, except as an active member or officer of a plumbing contractor; provided, a master plumber having proof of having passed the duly recognized test as designed by K.S.A. 12-1501 et seq., or the applicable examination as issued by the International Code Council, Falls Church, Virginia, shall be issued a master plumber's certification.

(10) Plumbing contractor. In order to qualify under this article as a plumbing contractor, any master plumber who has been qualified as and has a master plumber's certificate issued by the trades






board, has a current license issued by the city, and any master plumber as qualified hereinabove who associates himself with any person or creates any firm, co-partnership, corporation or combination thereof, for the purposes of advertising or representing himself or itself to the public has having the capacity and/or ability to undertake or submit a bid or offer to install, construct, alter, repair, add to or remove, restore or replace any plumbing fixtures or appurtenances thereof and may employ other plumbers, either master or journeyman plumbers, following the filing of a bond and insurance certificate as required in this article; provided, a plumbing contractor, having proof of having passed the duly recognized test as designated by K.S.A. 12-1501 et seq., or the applicable examination as issued by the International Code Council, Falls Church, Virginia, upon providing a proper and sufficient bond and public liability and property damage insurance certificates, both as defined in this article, may be issued a plumbing contractor's certificate.

(11e) Private sewage disposal contractor means any person who is qualified, equipped and certified by showing proof of having passed, with a minimum score of 75 percent, the standard examination for private sewage disposal contractors as issued by the code enforcement officer or other standard examination accepted by other jurisdictions in the state, to properly lay out, plan and make any installation, repair or maintenance to of private sewage disposal systems.

(12f) General contractor means any contractor who is qualified, licensed and equipped to build, alter, construct, repair, add to, or remodel any building or structure, or portion thereof, for which a permit is required and is unlimited in scope. ; A provided a general contractor, having proof of successfully passing, or who employs an individual having proof of successfully passing, the duly recognized test as designed designated by K.S.A. 12-1501 et seq., with a minimum score of 75 percent, shall be issued a general contractor’s license.

(13g) Building contractor means any contractor who is qualified, licensed and equipped to build, construct, or add to any building or structure, or portion thereof, for which a permit is required, limited in scope of construction to commercial buildings, industrial buildings, and single- and multiple-family dwellings not to exceed three stories in height. ; A building contractor may repair or remodel an existing structure in excess of three stories. A provided a building contractor, having proof of successfully passing, or who employs an individual having proof of successfully passing, the duly recognized test as designed designated by K.S.A. 12-1501 et seq., with a minimum score of 75 percent, shall be issued a building contractor’s license. A building contractor also may repair or remodel an existing structure in excess of three stories.

(14h) Residential contractor means any contractor who is qualified, licensed and equipped to build, alter, construct, repair, add to, or remodel any building or structure, or portion thereof, for which a permit is required, limited in scope of construction to one-, two- or three-family residential dwellings not exceeding two stories in height. ; A provided a residential contractor, having proof of successfully passing, or who employs an individual having proof of successfully passing, the duly recognized test as designed designated by K.S.A. 12-1501 et seq., shall be issued a residential contractor’s license. Individuals or firms showing proof of being engaged in the business of a residential contractor shall be exempt from the examination requirements provided an application for a residential contractor's license is presented to the building trades board prior to April 1, 2007.

(159) Limited contractor means any contractor that who performs a specific function that does not entail the full scope of work done performed by a licensed general, building or residential contractor. ; A provided a limited contractor, having proof of successfully passing, or who employs an individual having proof of successfully passing, the duly recognized test as designed designated by K.S.A. 12-1501 et seq., or other applicable test as authorized by the citycode enforcement officer and/or building trades board, shall be issued a limited contractor’s license, for the following:

a. Window and siding contractor means a person or firm qualified to fabricate, install, maintain, repair, alter or extend accessories such as siding, soffits, gutters, awnings, storm doors and windows.

b(1). Concrete contractor means any person or, firm, or corporation that is qualified, equipped, and certified to construct, pour, place, and finish driveways, sidewalks and other similar flatwork using Portland cement concrete or asphaltic materials, and those who that are qualified to

























construct forms and framework for the casting and shaping of concrete and placing of reinforcing steel, and to pour, place and finish concrete.

(2) Drywall and plastering contractor means any person, firm or corporation that is qualified, equipped, and certified to coat surfaces with a mixture of sand or other aggregate, gypsum, plaster or Portland cement, quick lime and water, or other combinations of approved materials so as to create a permanent surface coating, including the installation of wire mesh or necessary elements as required to hold the coating. Such permitted work also includes the installation of gypsum drywall products and finish preparation of drywall systems.

hc. Masonry contractor means any person, or firm, or corporation that is qualified, and equipped, and certified for the construction or repair of walls, footings, and other structures by the laying of bricks, blocks, or stone.

cd. Roofing contractor means any person, or firm, or corporation that is qualified, equipped and certified to install, repair or replace roof-covering systems. Work Such permitted work may include, but not be limited to, roof decking insulation, roof coating, the use of sheet metal and metal products incidental to roofing work, nonstructural decking, asphalt and fiberglass shingles, roof roofing, tile roofing systems, slate and wood shingles or any other approved roofing product. In addition to having proof of successfully passing the duly recognized test(s), a roofing contractor also shall provide a state roofing registration number in order to be issued a roofing contractor’s license.

d. Drywall and plastering contractor means a person or firm qualified to coat surfaces with a mixture of sand, or other aggregate, gypsum, plaster or Portland cement, quick lime and water, or other combinations of approved materials as to create a permanent surface coating, including the installation of wire mesh or necessary elements required to hold the coating. Also includes the installation of gypsum drywall products and finish preparation of drywall systems.

e. Residential swimming pool contractor means a person or firm qualified and equipped to install, repair and replace residential swimming pools including the pumps, pool heaters, solar pool heaters, filters and chlorinators and that piping incidental to the recirculation system and concrete slab work.

f. Fence contractor means a person or firm qualified and equipped to construct, build or install chainlink fencing, privacy fencing and all other types of fencing and incidental work to install a fence.

g. Carpenter/handyman contractor means a person or firm qualified and equipped to perform minor repairs and maintenance to one- and two-family dwellings. Scope of license includes the replacement of roofing materials limited to a total roof area of 100 square feet or less, and construction of detached accessory buildings limited in size to 100 square feet or less. Scope of license does not include any work requiring structural alterations to any portion of the structure including the construction of carports either attached or detached, electrical, plumbing or HVAC work of any nature, cabinet or countertop replacement.

h. Masonry contractor means a person or firm qualified and equipped for the construction or repair of walls, footings and other structures by the laying of bricks, blocks or stone.

i. Demolition contractor means a person or firm qualified and equipped to demolish, raze or otherwise remove structures, including the removal of all debris, leveling of property and plugging of sewer lines to the structure.

(Ord. No. 2012-06-4302, § 2(16.10.020), 6-6-2012)

Sec. 14-197. - Limited contractors subject to licensure (no examination).

The following skilled and qualified tradesmen shall be included in the city’s building trades, and shall be certified and licensed as limited contractors who perform a specific function that does not entail the full







scope of work performed by a licensed general, building or residential contractor, upon providing a proper and sufficient bond as well as public liability and property damage certificates:

(a) Carpenter/handyman contractor means a person, firm or corporation that is qualified, equipped, and certified to perform minor repairs and maintenance to one- and two-family dwellings. The scope of this license includes the replacement of roofing materials limited to a total roof area of 100 square feet or less and construction of detached accessory buildings limited in size to 100 square feet or less. The scope of this license does not include any work requiring structural alterations to any portion of the structure, including but not limited to the construction of carports, either attached or detached; electrical, plumbing or heating, ventilating and air-conditioning work of any nature; and cabinet or countertop replacement.

i(b.) Demolition contractor means a person, or firm, or corporation that is qualified, and equipped and certified to demolish, raze or otherwise remove structures, including the removal of all debris, leveling of property and plugging of sewer lines to thesuch structures.

(c) Fence contractor means a person, firm, or corporation that is qualified, equipped, and certified to construct, build or install chain link fencing, privacy fencing, and all other types of fencing and incidental work necessary to install a fence.

(d) Fire suppression installation contractor means a person, firm, or corporation that is qualified, equipped, and certified to install, service, repair, inspect, or maintain fire protection equipment, fire sprinkler systems, special hazard fire suppression systems and kitchen fire suppression systems, fire alarm systems or portable fire extinguishers.

(e) Residential swimming pool contractor means a person, firm or corporation that is qualified, equipped, and certified to install, repair, and replace residential swimming pools, including the pumps, pool heaters, solar pool heaters, filters and chlorinators, piping incidental to the recirculation system, and concrete slab work.

(f) Tree trimming contractor means a person, firm, or corporation that is qualified, equipped, and certified to treat, trim, reduce, prune, or remove trees, tree limbs, tree material or shrubs.

(g) Window and siding contractor means a person, firm, or corporation that is qualified, equipped, and certified to fabricate, install, maintain, repair, alter or extend accessories such as siding, soffits, gutters, awnings, storm doors and windows.

Residential swimming pool contractor means a person or firm qualified and equipped to install, repair and replace residential swimming pools including the pumps, pool heaters, solar pool heaters, filters and chlorinators and that piping incidental to the recirculation system and concrete slab work.

f. Fence contractor means a person or firm qualified and equipped to construct, build or install chainlink fencing, privacy fencing and all other types of fencing and incidental work to install a fence.

g. Carpenter/handyman contractor means a person or firm qualified and equipped to perform minor repairs and maintenance to one- and two-family dwellings. Scope of license includes the replacement of roofing materials limited to a total roof area of 100 square feet or less, and construction of detached accessory buildings limited in size to 100 square feet or less. Scope of license does not include any work requiring structural alterations to any portion of the structure including the construction of carports either attached or detached, electrical, plumbing or HVAC work of any nature, cabinet or countertop replacement.

Sec. 14-197198. - Unlawful acts.


(1a) Enter into any agreement to subterfuge the licensing, bonding or insurance requirements as set forth in this code;

(2b) Enter into a contract with another so as to bring himself or itselfsaid person, firm, or corporation within the classification of an electrical, plumbing, mechanical, general, building, residential or,



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limited or plumbing contractor, or to perform work as a contractor without first having been appropriately licensed in accordance with this code;

(3c) Make or cause to be made any connection with the main or laterals of the city sewer system, or to build the sewer connections or make any alterations thereto, or do any plumbing work or make any change whatever, without having first having been granted a permit therefor by the code enforcement officer; . all All plumbing, sewer and water connections shall be made by a licensed plumber, or under his direct supervision, or subject to other exceptions contained in this code.

(Ord. No. 2012-06-4302, § 2(16.10.030), 6-6-2012)

Sec. 14-198199. -– Allowance for single-family residential property improvements Plumbing, electrical,

or mechanical work by resident owners.

Upon payment of the fee set by the board of city commissioners, a property owner shall be permitted to perform, after obtaining a proper permit, plumbing, electrical, or mechanical work upon his or her own residential dwelling; provided, that the owner shall satisfy the code enforcement officer as to his or her ability to do perform such plumbing or electrical work, repair or installation, in accordance with this code, as well as apply for inspection and receive a certificate for approval therefor. Personal installation by an owner under this section shall be by himself or herself, on his or her owner-occupied residential dwelling property (single family only), without compensation, and no person shall be employed to assist him or her in any way on such work except an individual, firm or corporation properly licensed hereunder.

(Ord. No. 2012-06-4302, § 2(16.10.040), 6-6-2012)

Sec. 14-199200. - Building trades advisory board.

(aa) Authority. The board of building appeals, also referred to as the building trades advisory board, shall hear and decide appeals of orders, decisions or determinations made by the code enforcement officer relative to the application and interpretation of the city-adopted building codes and regulations, and the city's contractor license laws.

(bb) Membership. The board shall consist of nine voting members:

(1)(1) Two electricians (either two master electricians or one master electrician and one journeyman electrician);

(2)(2) Two plumbers (either two master plumbers or one master plumber and one journeyman plumber);

(3) Two general contractors doing business in the city;

(4)(3) Two heating, ventilation and air-conditioning or refrigeration contractors (either two master mechanical specialists or one master mechanical specialist and one journeyman mechanical specialist); and

(5)(4) Three general, building, residential or limited contractors, and/or One citizens or layman laymen familiar with the requirements of the city buildingis code.

(c) Conflict of interest. No two electrician, plumber, mechanical specialist, or contractor members may be employed by the same person, firm, or corporation, or otherwise have any kind of professional partnership of financial interest with each other.

(d) Ex officio membership. The code enforcement officerbuilding official and the fire chief of the city, or their designees, shall be serve as ex officio board members without voting privileges. The code enforcement officer, or his or her designee, also shall serve as secretary to the board.







(ce) Appointment and terms. Appointments shall be for a period of two years and shall be staggered in such a way that the terms of no more than one electrician, plumber, general contractor or mechanical specialist shall expire in any given year.

(df) Procedure:

(1) Rules of procedure. The board shall adopt rules of procedure for conducting its business, and shall render all decisions and findings in writing to the applicant appellant, with a duplicate copy copies to the code enforcement officer and city manager.

(2)(g) Meetings. The board shall hold meetings at regularly scheduled intervals, but shall meet at a minimum of four times a year.

(eh) Limitations of authority. The board shall have no authority relative to interpretation of the administrative provisions of the code adopted by the city, nor shall the board be empowered to waive requirements of the this code.

(Ord. No. 2012-06-4302, § 2(16.10.050), 6-6-2012; Ord. No. 2014-10-4369, § 1, 10-7-2014;

Ord. No. 2016-10-4419, § 5, 10-18-2016)

Sec. 14-200201. - Appeals.

(aa) Appeals from of any final decision of the any code enforcement officer may be made to the city in the form of a request for a Quick Problem Resolution (QPR) meeting. Such meeting will be scheduled within 48 hours of the request and will be moderated by the city manager, or his or her designee. A written response explaining the moderator’s decision will be provided within 24 hours of the QPR meeting.

(b) Appeals of any decision of the QPR moderator may be made to the board of city commissioners, board of zoning appeals, building trades advisory board, historic preservation board or other appropriate city board in writing, within ten (10) days after the appellant has been notified of the code enforcement officer'QPR moderator’s decision.

(bc) Appeals from of a final decision of the building trades advisory board may be made to the Cowley County District Court within 30 days of issuance of the board's decision.

(cd) For purposes of this Sectionsection, a final decision does not include any decision that is preliminary, preparatory, procedural or intermediate with regard to subsequent action.

(Ord. No. 2012-06-4302, § 2(16.10.010), 6-6-2012; Ord. No. 2013-11-4347, § 1, 11-19-2013)

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City of Arkansas City

Building Trades Board

Agenda

Special meeting held on Thursday, April 20, 2017 at 5:15 PM in the City Commission Chambers at City Hall

Meeting was called to order at 5:15 PM.

Roll Call:

Mark Bartlett Ken Miller Dave Billings

Leonard Mumford Carl Bowman Brian Lawrence

Brian Mayfield Chris Rains Randy Smith

Brian Lawrence made the suggestion that it should be noted that all the tree trimmers that were present were in favor of the licensing

except for one, Tipton Tree Service; however none of them were in favor of permitting. After discussion, Brian Lawrence made the

motion to approve the minutes with the changes and Mark Bartlett made the second. Voice vote carried the motion.

1. Information on Tree Trimmers.

Carl Bowman stated that he had looked through the information from the other municipalities. After looking through the information,

he would entertain a motion to either license or not license the tree trimmers. Dave Billings asked if a standard should be set for

insurance, bond and time frame to obtain the license. Dave stated that when other contractors were licensed several years ago, they

were required to complete an application. Richard stated that tree trimmers would be added to the Class D License list. Brian

Lawrence wanted clarification for the intent of the license was to not govern the work, but check on insurance and bond. Richard

agreed. Brian Lawrence also clarified that this was for tree trimmers that were for hire, and the board agreed. Carl asked for any other

discussion. Jim Sybrant approached the board with concerns. Brian Lawrence asked what the city had to gain to make sure the

contractors have insurance. It was explained that the insurance does protect the citizen. Brian Mayfield felt like the tree trimmer

needed to just fill out the paperwork, have the insurance and bond. Brian Lawrence felt the license fee was too much. After discussion,

Brian Mayfield made the motion that the tree trimmers obtain a Class D License with proof of insurance and bond for hire only. Mark

Bartlett made the second motion. The motion carried with a 5 to 1 vote.

2. Reevaluate Board Members

Carl Bowman stated that at the City Commission work session, Jim Sybrant wanted the board to change to have five lay people and

four tradesmen on the board. Carl stated that he was not in favor of the change. Carl explained that the members of the board were

here to determine if an inspector or building official did something wrong per code. Mark Bartlett stated that he preferred to be able to

talk to people that know the profession instead people that don’t. Dave Billings asked if the QPR proposal would replace the trades

board with the QPR or TAC. Terice Watts explained that it would not take place of the trades board. Richard stated the City Manager

Hernandez felt like if there was a disagreement between the inspector/building official, it could be taken to the City Manager which

would then determine the outcome of the decision. Dave Billings felt like watering down the board with laymen didn’t make sense.

Jim Sybrant approached the board with concerns. Dave Billings stated that he was not in favor of the change. Dave Billings stated that

they are a trades board and the main purpose of the board was to deal with the codes as they come into place. Brian Mayfield felt that

it was beneficial to have two board members of each trade to go over the codes because of how the code is interpreted differently

between the members. Andrew Lawson approached the board to explain the duties of the Building Trades Board. Andrew stated that

there are two functions of the board; to look at specific matters such as the tree trimming license and the appeals matters such as a

tradesman doing a citizen wrong. Andrew also discussed the processes for the QPR and the TAC. After discussion, Dave Billings

made the motion for the Building Trades Board to stay the same. Ken Miller made the second. Voice vote carried the motion.

3. Development Guide

Terice Watts explained to the board that the documents were for the board to look over and make recommendation if they wanted.

Andrew Lawson stated the city wanted input from the board about the process and documentation that would be presented to citizens

coming in off the street. Brian Lawrence asked if the TAC would be a requirement. Andrew stated that it would not be required but

maybe strongly suggested. Andrew also stated that the TAC would be tailored to the project and the intent was for commercial

development and to get all issues and discussions out in the open before any big problems arise. Ken Miller stated that this could be an

option and things were easier to change on paper as opposed to being in the middle of the build. After discussions, the board liked the

idea of the QPR and TAC, but didn’t want it mandatory.

4. Miscellaneous

Brian Lawrence wanted to talk about the Commercial/Residential Permit Requirements and the unsealed and sealed plans. Brian asked

about the sealed plans for a portable carport or pergola. Carl Bowman stated that the plans would come from the manufacturer. After

discussion, Terice asked the board to make the changes they felt should be there and get it back to Terice by May 4 and she would

distribute out to the board.

Ken Miller made the motion to adjourn the meeting and Dave Billings made the second. Voice vote carried the motion.

Dear Mr. Nick Hernandez,

The Ark City Tennis Association has met concerning the two east tennis courts at Wilson Parkand decided that they are not worth resurfacing. With the addition of the ten courts at the highschool and needing to add them into the resurfacing rotation and budget, the association doesnot want to throw away money on the tennis courts at Wilson Park. These courts need to be

completely torn out and replaced with post-tension concrete. The massive expense for two new

post-tension concrete courts at Wilson Park does not make monetary sense for the association

since the money should go to maintaining the courts at the high school, middle school and ParisPark. In addition, the current condition of the courts at Wilson Park has made them unsafe for

high school and middle school play the last several seasons. Cowley College moved all of theirpractices and competitions away from Wilson Park three years ago to the high school courts forthe same safety reasons.

The ACTA would like to save the JC Louderback Tennis Center signs along with the stone with

the plaque.

Thank you for your time and consideration.

Sincerely,

A Aaron O'Donnell

ACTA President

^ J-t^cbuMouJ^-J(wiouderback

Former ACTA President

Item for City Commission Action Section IX Item 1




Title: City Advisory Board Reports Description: The following approved board minutes are included in this packet:

April 13 — Beautification and Tree Advisory Board Commission Options: 1. No action needed. Fiscal Impact:

Amount: N/A Fund: Department: Expense Code:


City Manager

Arkansas City Beautification and Tree Advisory Board

4/13/2017 Minutes

A special meeting was held Thursday, April 13, 2017, at Steamy Joe, 216 W. Central Ave. Meeting called to order at 12:02 p.m.

Roll Call:

Bob Foster Katie Coble (staff)

Richard Humphrey Nick Hernandez (staff)

Peggy Soule Andrew Lawson (staff)

Candace Stephens Tamara Niles (staff)

Jill Wineinger Tony Tapia (staff)

Jill moved to approve the minutes of the March 23, 2017, regular meeting. Richard seconded the motion, which was approved 3-0.

1. Arbor Day Planning (Friday, April 28, 2017):

Andrew said Charlie’s PizzaTaco and possible Big-N-Smalls will serve. Entertainment will be provided by Cody Griesel and

the Cowley College Singers. Kammy is looking for one more musical act (this ended up being Eric Swanson).

Jill asked about the Young Professionals sponsoring the movie. Andrew said he recommended they sponsor a later movie so

their concession sales do not conflict with the food vendor(s). He said they will donate their proceeds to the Master Plan.

Andrew asked Tony what preparations need to be made for the tree planting. They decided to plant in the northwest area.

The tree was to be ordered immediately and will be planted around 5:30 to 5:40 p.m. April 28. This is the “groundbreaking.”

2. Catalpa Park Adoption Proposal:

Andrew asked Allen Fisk who all is on the Catalpa Park Committee. He said there are five or six, but he is the spokesperson.

Andrew asked the Board to look over the adoption proposal and offer possible revisions. He wants everyone to be on the

same page about what the agreement entails. Nick asked about the slide. Allen said he wants the same one that was removed.

Allen said the committee also wants to raise funds to construct a pavilion or shelter over the picnic table. Nick said there has

to be the blessing of Tony and Richard Brown. Allen asked if there needs to be a building permit. Nick said there would.

Andrew said the Board also would have to sign off on any pavilion installation. Tony said these fixtures need to be close

together because all of them will have to have ADA sidewalk access to the improved parking area.

Richard asked if the old swing set could be put back. Tony said it will need new upright poles and proper concrete footings.

Allen said the committee will raise the money to replace the poles. He asked for City installation so it will be done properly.

Tony asked what the long-term plan is if the Fisks move away or stop being involved. Jill said that is why the adoption period

is only for one year. Andrew and Nick asked Allen for some kind of site plan that shows their ideas sketched out to scale.

Richard asked if the City will match any funds raised by the committee on a 50-50 basis. Nick said it depends on the budget.

Nick asked if the swing set is “phase one.” Allen said they are, but he also would like to do the slide and pavilion in Year 1.

Jill asked about litter and small limb cleanup. Allen said they will pick those up and call the City for large limbs. Tony said

he would prefer for small limbs to be taken directly to F Street. Trash is picked up weekly. Tree removal will be as needed.

Allen asked about the neighbor’s trees that overhang the park. City officials said that has to be addressed with that owner.

Mike Evinger or another committee volunteer will continue to mow the park periodically. Allen asked if the City will mow if

no one else is available for some reason. Andrew said they can request assistance from the City, but it will be up to Tony.

Jill made a motion to approve the Catalpa Park adoption proposal. Peggy seconded the motion, which was approved 4-0.

3. Lion Statue Restoration Update:

Andrew will call the stone carver. Tony needs to pour a 5x5 concrete pad and sidewalk connecting it to the existing sidewalk.

Tony said he will need to purchase the concrete. Andrew said costs will be split 50-50 with the Lions Club, if Nick approves.

Tony said the dedication can be schedule anytime, but he wants to pick up the statue and install it as soon as weather permits.

Mary Schneider asked some questions about dedication plaque design. Andrew said simple is best and suggested omitting the

name of the carver, which is in dispute. The plaque itself will be mounted on the base and must be approved by the Board.

4. Fall Cleanup Day (October 14, 2017?):

Spring Cleanup Day did not go very well and there was very low turnout for the free hot god lunch. Andrew said the only

thing that went well was Gareth’s e-waste recycling pickup effort, but even that didn’t go as well as he had expected.

The Board suggested checking on possible conflicts with Arkalalah before settling on a date. It also was suggested to have a

continental breakfast before the event, rather than a lunch afterward, so everyone can break off and do their own thing.

Jill asked again about the possibility of providing bags, gloves and grabbers. Andrew said he would inquire about it. Richard

said the City really needs to assign cleanup areas the next time it tries this initiative.

5. Master Plan Rollout Update:

Andrew said he will ask for the City’s Wilson Park Master Plan booth at Cowley’s Outdoor Market to be closer to the

playground. (It was under the rotunda.) Jill volunteered to help in the morning and Peggy signed up for the afternoon shift.

6. Nelson Sensation Award for May:

Peggy made a motion to award the Nelson Sensation Award for May to Bob and JoLynn Foster in recognition of their recent

addition to their house. Jill seconded the motion, which passed 3-0. Bob abstained from voting to avoid a conflict of interest.

7. Yard of the Season / Good Neighbor Awards:

There were no nominations, other than the ones left over from last year. Andrew suggested delaying Anita Judd-Jenkins’ yard

until after the legislative session has concluded. The Board discussed huddling up during Arbor Day to select some yards.

8. Other Miscellaneous Items:

There were no other items discussed.

Bob made a motion to adjourn the meeting. Peggy seconded it. A voice vote was 4-0 and the meeting was adjourned at 1:04 p.m.

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