0999 Legal Notices
(FIRST PUBLISHED June 24, 2008)
(Last Published July 8, 2008)
IN THE DISTRICT COURT OF
FRANKLIN COUNTY, KANSAS
CIVIL DEPARTMENT
Citibank N.A. as Trustee for the
MLMI Trust Series 2006-HE5
Plaintiff,
vs.
Scott Williams, et al.
Defendants.
Case No. 08C82
Court Number:
Pursuant to K.S.A. Chapter 60
Notice Of Sale
Under and by virtue of an Order of Sale issued to me by the Clerk of the District Court of Franklin County, Kansas, the undersigned Sheriff of Franklin County, Kansas, will offer for sale at public auction and sell to the highest bidder for cash in hand, at the Front Door of the Courthouse at Ottawa, Franklin County, Kansas, on July 17, 2008, at 10:00 AM, the following real estate:
Lots 1, 3, 5, 7, 9 and 11, in Block 3, Hamilton's Subdivision of Lot "A", Shaw and Ludington's Main Street Addition to the City of Ottawa, Franklin County, Kansas, according to the recorded plat thereof, commonly known as 915 N. King Street, Ottawa, KS 66067 (the “Property”)
to satisfy the judgment in the above-entitled case. The sale is to be made without appraisement and subject to the redemption period as provided by law, and further subject to the approval of the Court. For more information, visit www.Southlaw.com <http://www.southlaw.com/>.
Craig Davis, Sheriff
Franklin County, Kansas
South & Associates, P.C.
Tricia M. Oldridge (KS #18213)
6363 College Boulevard, Suite 100
Overland Park, Kansas 66211
(913) 663-7600
(913) 663-7899 (Fax)
Attorneys For Plaintiff (85964)
(First Published July 7, 2008)
(Lasts Published July 21, 2008)
IN THE DISTRICT COURT OF
FRANKLIN COUNTY, KANSAS
CIVIL DEPARTMENT
CitiMortgage, Inc.
Plaintiff,
vs.
Jack Edward Smith and Kelly Marie Smith, et al.
Defendants.
Case No. 08C42
Court Number:
Pursuant to K.S.A. Chapter 60
Notice Of Sale
Under and by virtue of an Order of Sale issued to me by the Clerk of the District Court of Franklin County, Kansas, the undersigned Sheriff of Franklin County, Kansas, will offer for sale at public auction and sell to the highest bidder for cash in hand, at the Front Door of the Courthouse at Ottawa, Franklin County, Kansas, on July 31, 2008, at 10:00 AM, the following real estate:
Lots 9, 11, 13, 15 and the North 19 feet of Lot 17, and the West 9 1/2 feet of Lots 10, 12, 14, 16 and the North 19 feet of the West 9 1/2 feet of Lot 18, in Block 2, Brockway's Addition to the City of Wellsville, Franklin County, Kansas, according to the recorded plat thereof., commonly known as 711 Main Street, Wellsville, KS 66092 (the “Property”)
to satisfy the judgment in the above-entitled case. The sale is to be made without appraisement and subject to the redemption period as provided by law, and further subject to the approval of the Court. For more information, visit www.Southlaw.com <http://www.southlaw.com/>.
Craig Davis, Sheriff
Franklin County, Kansas
South & Associates, P.C.
Tricia M. Oldridge (KS #18213)
6363 College Boulevard, Suite 100
Overland Park, Kansas 66211
(913) 663-7600
(913) 663-7899 (Fax)
Attorneys For Plaintiff (83791)
(First Published July 8, 2008)
(Last Published July 22, 2008)
IN THE DISTRICT COURT OF
FRANKLIN COUNTY, KANSAS
PROBATE DEPARTMENT
Case Number 08-PR-028
In the Matter of the Estate of
PHILLIP R. MARTIN, Deceased
Chapter 59
NOTICE OF HEARING AND
NOTICE TO CREDITORS
THE STATE OF KANSAS TO ALL PERSONS CONCERNED:
You are hereby notified that a petition dated the 24th day of June, 2008, has been filed in this Court by STACY RAE CRIQUI, as heir at law of PHILLIP R. MARTIN, deceased, praying that Letters of Administration be issued to STACY RAE CRIQUI.
You are further advised that the petitioner in this matter has requested administration pursuant to the Kansas Simplified Estates Act, and if such request is granted the Court may not supervise administration of the estate and no further notice of any action of the administrator or other proceedings in the administration will be given except for notice of final settlement of the decedent's estate. Should written objections to simplified administration be filed with the Court, the Court may order supervised administration to ensue.
You are hereby required to file your written defenses to the issuance of Letters of Administration on or before the 29th day of July, 2008, at 9:45 a.m., in this Court in Ottawa, Franklin County, Kansas, at which time and place the cause will be heard. Should you fail therein, judgment and decree will be entered in due course upon the petition.
All creditors are notified to exhibit their demands against the estate within four (4) months from the date of first publication of this notice as provided by law, and if their demands are not thus exhibited they shall be forever barred.
STACY RAE CRIQUI, Petitioner
Sam H. Sheldon
BOWERS & SHELDON, Chartered
Post Office Box 454
320 South Main
Ottawa, KS 6067
Attorneys for Petitioner
(First Published July 1, 2008)
(Last Published July 15, 2008)
IN THE DISTRICT COURT OF
FRANKLIN COUNTY, KANSAS
PEOPLES BANK, a Kansas banking corporation,
Plaintiff,
vs. Case No. 08 C 51
ROBERT L. WRIGHT, et al.,
Defendants.
Proceeding Under K.S.A. Chapter 60.
Title to Real Estate Involved
NOTICE OF SHERIFF’S SALE
NOTICE IS HEREBY GIVEN that under and by virtue of an Order of Sale issued by the Judge of the District Court of Franklin County, Kansas, in the case above numbered, I will offer for sale at public auction and sell to the highest bidder for cash in hand at the west steps of the Franklin County Courthouse, Ottawa, Kansas, in said County and State on the 24th day of July, 2008, at 10:00 o’clock a.m. on said day, the following described interest in real estate situated in Franklin County, Kansas, to-wit:
The North 25 acres of the NE 1/4 of the NE 1/4 of Section 23, Township 17, Range 18, except beginning at the NE corner thereof, thence South along said section line 465 feet, thence West 500 feet, thence North 465 feet, thence East 500 feet to the point of beginning, containing 5.34 acres, more or less, and containing after deducting the exception noted 20 acres, more or less in Franklin County (having a common address of 2474 Idaho Rd., Williamsburg, Kansas 66095).
together with all fixtures, appurtenances, etc. thereunto pertaining; said interest in real property is levied upon as the property of separate defendants Robert L. Wright and Laura J. Walker, and all other alleged owners and will be sold without appraisal to satisfy said Order of Sale.
On this 1st day of July, 2008.
SHERIFF OF FRANKLIN COUNTY
PREPARED BY:
STEVENS & BRAND, L.L.P.
P. O. Box 189
Lawrence, KS 66044
(785) 843-0811
Attorneys for Plaintiff
Bradley R. Finkeldei #19470
(Published July 8, 2008)
ORDINANCE NO. 538
AN ORDINANCE, granting to Kansas Gas Service, a Division of ONEOK, Inc., its successors and assigns, a natural gas franchise, prescribing the terms thereof and relating thereto, and repealing all ordinances or parts of ordinances inconsistent with or in conflict with the terms hereof.
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF POMONA, KANSAS:
SECTION 1. That in consideration of the benefits to be derived by the City of Pomona, Kansas, (“City”), and its inhabitants, there is hereby granted to Kansas Gas Service, a Division of ONEOK, Inc. (“Company”), said Company operating a system for the transmission and distribution of natural gas in the State of Kansas, the right, privilege, and authority for a period of twenty (20) years from the effective date of this ordinance, to occupy and use the several streets, avenues, alleys, bridges, parks, parking areas, and public places of said City, for the placing and maintaining of equipment and property necessary to carry on the business of selling and distributing natural gas for all purposes to the City, and its inhabitants, and through said City and beyond the limits thereof; to obtain said natural gas from any source available; and to do all things necessary or proper to carry on said business.
SECTION 2. As further consideration for the granting of this franchise, and in lieu of any city occupation, license, or permit fees, or revenue taxes, the Company shall pay to the City during the term of this franchise five percent (5%) of the gross cash receipts from the sale of natural gas and transportation services to all consumers within the corporate limits of the City, such payments to be made monthly for the preceding monthly period. Gross cash receipts shall not include other operating revenues received by the Company, which are not related to the “sale or transportation of natural gas”. These include, but are not limited to, connection fees, disconnection and reconnection fees, temporary service charges, delayed or late payment charges, collection fees, and returned check charges as such terms are used in tariffs or in the natural gas industry.
SECTION 3. The payments and compensation herein provided shall be in lieu of all other licenses, taxes, charges, and fees, except that the usual general property taxes and special ad valorem property assessments, sales, and excise taxes or charges made for privileges which are not connected with the natural gas business, will be imposed on the Company and are not covered by the payments herein. From and after the date hereof, however, the permit fees required of the Company by any ordinance presently in effect or hereafter adopted for a permit to excavate in or adjacent to any street, alley, or other public place shall be deemed a part of the compensation paid in Section 2 and shall not be separately assessed or collected by the City; in no event, however, shall this provision be interpreted to waive the requirement of notice to the City and the procedural requirements of such ordinance.
SECTION 4. The use of Right of Way under this franchise by the Company shall be subject to all rules, regulations and policies now or hereafter adopted or promulgated by the City in the reasonable exercise of its police power. In addition, the Company shall be subject to all rules, regulations and policies now or hereafter adopted or promulgated by the City relating to permits, sidewalk and pavement cuts, utility location, construction coordination, and other requirements on the use of the Right of Way; provided however, that nothing contained herein shall constitute a waiver of or be construed as waiving the right of the Company to oppose, challenge, or seek judicial review of, in such manner as is now or may hereafter be provided by law, any such rules, regulation or policy proposed, adopted, or promulgated by the City and, further provided other than the items enumerated in Section 3 herein, that such rules, regulations or policies shall not require the payment of additional fees or additional costs for the use of the Right of Way. In any event, the Company is granted an offset for such fees and costs against the franchise fees required to be paid hereunder.
SECTION 5. All mains, services, and pipe which shall be laid or installed under this grant shall be so located and laid as not to obstruct or interfere with any water pipes, drains, sewers, or other structures already installed. Company shall provide, prior to commencing work, information to the City concerning work to be performed in the streets, avenues, bridges, parks, parking areas, and public places of the City, as the City may from time to time require for purposes of record keeping. The City may require that the information be provided on its standard permit form, but without requiring approval, consent, or fees. In the event of an emergency, Company shall have the right to commence work without having first providing such form(s).
SECTION 6. Company shall, in doing the work in connection with its said gas mains, pipes, and services, avoid, so far as may be practicable, interfering with the use of any street, alley, avenue, or other public thoroughfare. It shall, without expense to the City, and in a manner satisfactory to the duly authorized representatives of the City, replace such paving or surface in substantially as good condition as before said work was commenced.
SECTION 7. It is recognized that the natural gas to be delivered hereunder is to be supplied from a pipeline system transporting natural gas from distant sources of supply; and the Company, by its acceptance of this franchise as hereinafter provided, does obligate itself to furnish natural gas in such quantity and for such length of time, limited by the terms hereof, as the said sources and said pipelines are reasonably capable of supplying.
SECTION 8. Company, its successors and assigns, in the construction, maintenance, and operation of its natural gas system, shall use all reasonable and proper precaution to avoid damage or injury to persons and property, and shall hold and save harmless the City from any and all damage, injury, and expense caused by the negligence of said Company, its successors and assigns, or its or their agents or servants.
SECTION 9. After the approval of this Ordinance by the City, Company shall file with the City Clerk of the City its written acceptance of this Ordinance. Said Ordinance shall become effective and be in force and shall be and become a binding contract between the parties hereto, their successors and assigns, no later than the first cycle of the monthly billing cycle which begins no later than sixty (60) days after its passage and approval by the City, acceptance by the Company, and publication in the official City newspaper. In its letter of acceptance, Company shall identify the effective date as set forth above and Company shall begin charging its customers those fees set forth in Section 2 above on that date.
SECTION 10. This Ordinance, when accepted as above provided, shall constitute the entire agreement between the City and the Company relating to this franchise and the same shall supercede and cancel any prior understandings, agreements, or representations regarding the subject matter hereof, or involved in negotiations pertaining thereto, whether oral or written, shall be binding upon the parties, including their successors and assigns, and shall not be amended or further obligations imposed without mutual consent of the parties hereto.
SECTION 11. The franchise is granted pursuant to the provisions of K.S.A. 12-2001 and amendments thereto.
SECTION 12. Any and all ordinances or parts of ordinances in conflict with the terms hereof are hereby repealed or considered as having no effect as of the first cycle of the monthly billing cycle as referenced in Section 9 of this ordinance.
SECTION 13. Should the Kansas Corporation Commission take any action with respect to this franchise ordinance and any amendment thereto which precludes Company from recovering from its customers any costs or fees provided for hereunder, the parties hereto shall renegotiate this ordinance in accordance with the Commission’s ruling.
PASSED AND APPROVED this 1st day of July, 2008.
Richard Adler
MAYOR
(SEAL)
ATTEST:
Linda Servaes
City Clerk
(Published July 8, 2008)
PUBLIC FORUM
THURSDAY JULY 10, 2008 6 PM
City Hall, City Commission Chambers
The City of Ottawa invites the public to a forum to provide input and concerns related to pedestrian and bicycle safety on City Streets. The input will be used to develop goals for a plan and funding request from the Kansas Department of Transportation Safe Routes to Schools program. Residents from all areas within the City are invited although particular attention will be paid to the areas around schools in an effort to develop goals specific to creating a safe environment for children to travel to schools. A presentation and comment period will be available during the forum.
Questions and comments may be directed to Tom Yahl, City of Ottawa Planning and Codes Department, 229-3620.
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