Help Wanted posted 11252015
USD 466 NEEDS substitute route bus drivers. For applications and additional information contact Lance Carter at 620-872-7655. 02tfc
DRIVERS: HOME DAILY, Wakeeney. Earn 55k+; Benefits. Hauling fuel. CDL-A, HAZMAT, Tanker endorsement, safe driving history. Jeremy: 785-823-7839 ext.101. 16t2p
Rummage Sale posted 11252015
Black Friday two Party Garage Sale
708 Ora St., Scott City
Fri., Nov. 27 • 4:00-6:00 p.m.
Sat., Nov. 28 • 9:00 a.m.-noon
Lots of Christmas decorations, snowmobile suits,
child’s high chair and misc. items.
Legals posted 11252015
(First published in The Scott County Record Thurs., Nov. 12, 2015; last published Thurs., Nov. 26, 2015)3t
IN THE DISTRICT COURT OF SCOTT COUNTY, KANSAS
HERBERT A. STEVENS,
Case No. 15-CV-05
NOTICE OF SALE
OF REAL ESTATE
Notice is hereby given that under and by virtue of an execution issued by the District Judge of the District Court of Scott County, Kansas, in a certain action in said court numbered 2015-CV-5, wherein the parties above named were respectively plaintiff and defendant, and to me, the undersigned, Sheriff of said county, directed. I will offer for sale at public auction, and sell to the highest bidder for cash in hand, at the front door of the court house in the city of Scott City, in said county, on the 8th day of December, 2015, at 10:00 o’clock a.m. of said day, the following described real estate, situate in the county of Scott and State of Kansas, to wit:
The North half (N/2) of Section Two (2), Township Twenty (20), Range Thirty-one (31), subject to an assignment, transfer and grant of Six-sevenths (6/7) of the oil, gas and other minerals in and under the above described real estate for a term of Fifteen (15) years from the 16th day of April 1955, and so long thereafter as oil and/or gas may be produced from said Section Two (2) Township Twenty (20), Range Thirty-one (31), Scott County, Kansas; the Southwest Quarter (SW/4) of Section Nine (9), Township Twenty-one (21), Range Twelve (12), Stafford County, Kansas; The Northeast Quarter (NE/4) of Section Twenty-three (23), Township Twenty (20), Range Twelve (12), and the West Half of the West Half (W/2W/2) of Section Seven (7), Township Twenty (20), Range Eleven (11), all in Barton County, Kansas pursuant to the provisions of a stipulation dated April 16, 1955, recorded in Book 12, Miscellaneous Records, page 585, in the office of the Register of Deeds of Scott County, Kansas.
/s/ Glenn Anderson,
Scott County Sheriff
325 Main Street
P.O. Box 605
Scott City, Kansas, 67871
Attorneys for Petitioner
(First published in The Scott County Record Thurs., Nov. 5, 2015; last published Thurs., Nov. 19, 2015)3t
IN THE DISTRICT COURT OF
SCOTT COUNTY, KANSAS
JOHN FAIRLEIGH, PLAINTIFF,
KANSAS DEPARTMENT OF REVENUE, DIVISION OF MOTOR VEHICLES, TITLE AND REGISTRATION, KANSAS STATE HIGHWAY PATROL, 1971 PLYMOUTH, VIN RS23U1G177403, UNKNOWN OWNERS, HEIRS, EXECUTORS, ADMINISTRATORS, DEVISEES, TRUSTEES, CREDITORS, AND ASSIGNS OF ANY DECEASED OWNER; THE UNKNOWN OFFICERS, SUCCESSORS, TRUSTEES, CREDITORS, AND ASSIGNS OF ANY OWNER WHICH ARE EXISTING, DISSOLVED OR OF DORMANT CORPORATIONS; THE UNKNOWN EXECUTORS, ADMINISTRATORS, DEVISEES, TRUSTEES, CREDITORS, SUCCESSORS AND ASSIGNS OF ANY OWNERS WHO ARE OR WERE PARTNERS OR IN PARTNERSHIP; THE UNKNOWN GUARDIANS, CONSERVATORS AND TRUSTEES OF ANY OWNERS WHO ARE MINORS OR ARE UNDER LEGAL DISABILITY OF ANY KIND; AND THE UNKNOWN HEIRS, EXECUTORS, ADMINISTRATORS, DEVISEES, TRUSTEES, CREDITORS, AND ASSIGNS OF ANY OWNERS ALLEGED TO BE DECEASED, DEFENDANTS.
NOTICE OF SUIT
THE STATE OF KANSAS AND THE ABOVE NAMED DEFENDANTS, AND ALL OTHER PERSONS WHO ARE OR MAY BE CONCERNED:
You Are Hereby Notified that a Petition has been filed in the District Court of Scott County, Kansas, by John Fairleigh of Scott City, Kansas, praying for an order quieting all interest of the Defendants in the following described property:
1971 PLYMOUTH, VIN RS23U1G177403
The Plaintiff further seeks an order holding the Plaintiff be the owner of the above personal property, free of all right, title and interest of the above named Defendants, and all other persons who are or may be concerned, and that they and each of them be forever barred and foreclosed from all right and title, interest, lien, estate or equity in or to the above described personal property, or any part thereof, directing the Kansas Highway Patrol complete a MVE-1 inspection of the vehicle and that the Kansas Department of Revenue issue a Certificate of Title to the vehicle in the above vehicle identification number, naming Plaintiff as owner.
You Are Hereby Required to answer the petition or otherwise plead or defend within 41 days after the date this notice was first published, in the District Court of Scott County, Kansas or the petition will be taken as true, and judgment, will be rendered accordingly.
JAKE W. BROOKS
Attorney at law
101 E. 6th, P.O. Box 664
Scott City, Kansas 67871
Attorney for Plaintiff
(First published in The Scott County Record on Thurs., Nov. 19, 2015; last published Thurs., Dec. 3, 2015)3t
Scott County Mill Levy Rates
I, Lark Speer, Scott County Treasurer, certify that the tax levies per $1,000 as valuation for the 2015 tax year are as follows:
State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.500
County . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64.984
City . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72.847
USD No. 466 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58.548
USD No. 466 - Scott Recreation Commission . . . 2.250
USD No. 468 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48.832
USD No. 468 - Recreation . . . . . . . . . . . . . . . . . . . .996
Fire District . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.311
Wet Walnut Watershed . . . . . . . . . . . . . . . . . . . . . . 3.043
Isbel Township . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0.219
Lake Township . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0.500
Valley Township . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0.500
Scott County Treasurer
(First published in The Scott County Record Thurs., Nov. 26, 2015; last published Thurs., Dec. 3, 2015)2t
APPLICATION FOR ZONING VARIANCE
Notice is hereby given that the Scott City Planning Commission will hold a special meeting on December 10, 2015, at 7 p.m., at the Scott City Council Meeting Room at City Hall, 221 West 5th Street, Scott City, Kansas, to consider the following agenda items:
1) Application for variance by Effective Images/Roserock Holding, LLC (Love’s Travel Stops & Country Stores) to allow signage taller/ larger than allowed by ordinance on:
Tract in Section Thirty (30), Township Eighteen (18) S, Range Thirty Two (32) W. (1720 S. Main St.)
All interested persons will be given an opportunity to be heard at such hearing.
Dated: November 24, 2015
Rodney Hogg, chairman
Scott City Planning Commission
Published in The Scott County Record Thurs., Nov. 26, 2015)1t
ORDINANCE NO. 1171
AN ORDINANCE AMENDING TITLE THREE, CHAPTER THREE, OF THE CODIFICATION OF THE ORDINANCES OF SCOTT CITY, KANSAS RELATING TO TEMPORARY BUSINESSES AND REPEALING THE EXISTING SECTIONS.
BE IT ORDAINED BY THE GOVERNING BODY OF SCOTT CITY, KANSAS,
SECTION I: Title 3, Chapter 3, is hereby amended to read as follows:
3-3-1: DEFINITIONS: The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
ITINERANT BUSINESS means any person or business engaging temporarily in the retail sale of goods, wares, merchandise, or services within the city, including any person who for the purpose of conducting such business, rents, leases or occupies any room, building, hotel, motel, structure, parking lot, vacant lot, or motor vehicle of any kind, to sell goods, wares, merchandise, or services or sell goods, wares, merchandise, or services house to house, door to door, or place to place.
NONCOMMERICAL ACTIVITY means any activity conducted for personal use or enjoyment without the intent of realizing a profit or recovering costs through the sale of goods, wares, merchandise or service.
CHARITABLE ORGANIZATION means any entity that has a permanent physical location within Scott County, Kansas which: (1) has been certified as a not-for-profit organization under the Internal Revenue Code, and/or (2) has religious, charitable, or benevolent function. As used in this definition, a charitable organization is an organization which exclusively, and in a manner consistent with existing laws, operates to address and assist with physical, mental, or spiritual needs of persons. Commercial, for profit organizations or businesses shall not be considered charitable organizations.
LOCAL ITINERANT BUSINESS LICENSE is a license for any business that has a permanent physical location of not less than 1,000 square feet of retail space within the city, and has operated for a minimum of 12 consecutive months.
NONLOCAL ITINERANT BUSINESS LICENSE is a license for any business that does not have a permanent physical location of at least 1,000 square feet of retail space within the city, or has a permanent physical location within the city but has not operated for the minimum requirement of 12 consecutive months.
3-3-2: PENALTY: Except as otherwise provided in this article, a violation of any of the provisions of this article is a class C offense, punishable as provided in 1-4-1, Codification of Ordinances.
3-3-3: EXEMPTION: The following activities, businesses, organizations or persons shall be exempt from the licensing provisions of this article:
A. Activities or businesses where a permit has been obtained, if applicable, or where such activity or business is sponsored in part by the city, civic organization, not-for-profit organization, charitable organizations, public or private schools, or educational institutions.
B. Auctions regulated by this Code or state statute.
C. Garage sales at private residences.
D. Sales of agricultural products, nursery products and foliage plants at an organized farmer’s market or other such event at a specified location; provided, that such sales of agricultural products, nursery products and foliage plants shall comply with the prohibitions listed in 3-3-5.
E. Food service establishments, except as noted herein, that are otherwise regulated and inspected by the Kansas Department of Health and Environment, Notwithstanding the foregoing, this exemption specifically excludes mobile restaurants, mobile food service units, street food vendors, or push food carts as included in the definition of food service establishments in K.S.A. 36-501.
F. Sales at wholesale to retail merchants by commercial travelers or selling agents in the usual course of business.
G. Sales to the owner or legal occupant of residential premises at such premises pursuant to prior invitation by the owner or legal occupant. Such invitation shall have been issued by the owner or legal occupant at least 24 hours prior to the sale and the invitation shall not have been solicited in person, but by other means such as telephone, mailing, email, internet, or other advertisement.
3-3-4: ENFORCEMENT: It shall be the duty of any law enforcement officer to require any person engaged in activities defined in this article who is not known by such officer to be duly licensed, to produce the person’s local or nonlocal itinerant business license and to enforce the provisions of this article against any person found to be in violation. The city clerk, the chief of police, or any law enforcement officer shall have the authority to order any person or business found to be in noncompliance with the license requirements of this article, to immediately cease and desist doing business until the appropriate license is obtained.
3-3-5 PROHIBITED ACTS: It shall be unlawful for any itinerant business to:
A. Conduct business or carry on activities in violations of any zoning requirements of the city, including setback requirements.
B. Conduct business or carry on activities other than between the hours of 9:00 a.m. and 9:00 p.m.
C. Fail to provide adequate parking for customers or other persons going to and from the activity or business conducted by the itinerant business, or to allow or encourage any traffic or parking congestion which interferes with traffic flow or the use of parking facilities by permanent businesses entitled to use the parking areas.
D. Use any electronic device for amplification in an outdoor area or to otherwise create, or gather people who create, noise sufficient so as to disturb the peace, quiet or repose of surrounding residential or commercial areas.
E. Provide any false or misleading information in completing the license application or to fail to obtain permission of the property owner where such activity or business is being conducted.
F. Fail to provide, at the request of the purchaser or customer, a written receipt for purchases exceeding $5.00.
G. Fail to provide any customer, or other person, with his/her name, the name of the company or organization represented, the name of the product, or to make any representation as to identity which is false or misleading.
H. Fail to allow authorized law enforcement officers or city employees to enter into or upon the premises or to otherwise interfere with any inspection of the premises or business.
I. Fail to remove any structure, device, trash or debris caused, created or associated with the itinerant businesses’ activities in an outdoor area.
J. Erect or display more than one sign or any sign greater than 16 square feet in total area. Streamers, pennants, searchlights and any device with flashing, blinking, rotating or moving actions or messages are prohibited, No signage shall be placed in a public right-of-way.
K. Erect or construct any structure, tent or building greater than 120 square feet.
L. Conduct business or carry on activities within 50 feet of any driveway entrance or access lane from a public street to an existing business.
M. Conduct or carry on more than one itinerant business or activity on the same property at any one time.
N. Conduct business or carry on activities within the public right-of-way or other publicly owned property.
3-3-6: PROTECTION OF LAWNS, YARDS: It shall be unlawful for any person engaging in an itinerant business to cut across or walk upon any lawn, front yard or courtyard, except upon sidewalks or walkways if such walkways are provided, or upon a regularly established path where no sidewalk or walkway has been provided to a house or other building.
3-3-7: FRAUD: All persons licensed under the provisions of this article shall certify that while doing business in the city they will strictly comply with all the ordinances of the city. Any licensee who shall be guilty of any fraud, cheating or misrepresentation, whether through themselves or through an employee, while doing business in the city shall be deemed guilty of a violation of this article.
3-3-8: LICENSE REQUIRED: No person not exempt by the provisions of 3-3-3 shall engage in the activities coming under this article within the city without first obtaining a license. Any applicant for a license under this article shall file with the city clerk a sworn application on a form furnished by the city clerk, which shall give information, or provide documentation, as follows:
A. Name, date of birth, and permanent residential address of applicant;
B. If the applicant is not an individual, the names and addresses of the officers of the corporation or members of the partnership, association, or other entity. If the applicant is a corporation, the name and permanent address of the applicant’s registered agent or office;
C. Physical description of the applicant; accompanied by copy of driver’s license.
D. Date(s) and time(s) for which the license is desired;
E. A description of the location and nature of the business, the goods, wares, merchandise or services to be sold, and the manner in which the sales will occur;
F. Description of any temporary structures to be erected, constructed and used by applicant;
G. A statement as to whether or not the applicant has within two years prior to the date of the application been convicted of any felony or misdemeanor of any kind, or a violation of any municipal ordinance regulating business licenses.
H. A signed statement from the applicant indicating that all of the information provided is true and correct.
I. Proof of a current sales tax license from the State of Kansas or proof of exempt status from state sales tax.
3-3-9: ISSUANCE OF LICENSE: The city clerk, and the chief of police when necessary, shall examine the application filed under this article and shall make, or cause to be made, such further investigation of the application and the applicant deemed necessary. A license shall be denied if the applicant has been convicted of a crime that bears a reasonable relationship to the licensed business. The licensee shall be notified by the city clerk of the decision on the issuance or denial of the license within three business days after the application has been filed. Such license, when issued, shall contain the signature and seal of the issuing officer and shall show the name and address of the licensee, the date of issuance and length of time the license shall be operative, and the location and nature of the business involved. The clerk shall keep a permanent record of all such licenses issued and submit a copy of such license to the chief of police. The licensee shall carry the license at all times when conducting business in the city.
3-3-10: FEE FOR PERMIT: Before a permit is issued, there shall be paid to the city clerk fees as herein provided for a permit which will allow a temporary business to operate within the city as specified in the application. The fee for the background check is $50 and the fee for the permit shall be $25 for each day the permit is requested but not to exceed $200 for any six month period.
3-3-11: LICENSE DENIAL; REVOCATION:
A. The City Clerk and/or the Chief of Police may deny or revoke any license issued under this article, for any of the following causes:
(1) Fraud, misrepresentation or false statement contained in the application for license.
(2) Fraud, misrepresentation or false statement made in the course of carrying on the business.
(3) Any violation of this article.
(4) Conducting the business in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the city.
(5) Noncompliance with section 3-3-6.
B. Notice of the revocation of a license shall be in writing to the applicant, at the residence address listed on the application, and the city clerk and set forth the grounds of revocation.
C. Any person aggrieved by the action of the city clerk in the denial or revocation of a license shall have the right of appeal to the governing body. Such appeal shall be taken by filing with the city clerk within 14 days after notice of revocation or denial of the license has been mailed to such applicant’s last known address setting forth the grounds for appeal. The applicant or licensee may not engage in the itinerant business during the appeal process. The governing body shall set a time and place for a hearing on the appeal and provide notice of the hearing to the applicant. The decision of the governing body on such appeal shall be final.
SECTION II: The existing Title 3, Chapter 3 of the Codification of Ordinances of Scott City, Kansas is hereby repealed.
SECTION III: This ordinance shall take effect and be of force from and after its passage and publication in the official city paper.
Passed by the council the 16th day of November, 2015.
Dan Goodman, mayor
City of Scott City, Ks.
Brenda K. Davis, MMC