Gilmore Bell,: JLM403552/CLOSDOCS (08-02-04)

Gilmore & Bell, P.C.
08/02/2004
TRANSCRIPT OF PROCEEDINGS
AUTHORIZING TRE ISSUANCE
OF
CITY OF NEWTON, KANSAS
$5,323,000 $515,000
GENERAL OBLIGATION BONDS TAXABLE GENERAL OBLIGATION
SERIES 2004-A REFUNDING BONDS
SERIES 2004-B
DATED SEPTEMBER 1,2004
Legal Opinion

Wichita, Kansas
JLM403552\CLOSDOCSPART I (08-02-04)
$5,323,000 $515,000
SERIES 2004-B
CLOSING LIST
Copies of the transcript of proceedings for the above referenced issue (the "Bonds"), will be
prepared and distributed as follows:
City of Newton, Kansas (the "Issuer")
Robert D. Myers, Esq., Newton, Kansas ("Issuer's Counsel")
Attorney General of the State of Kansas
George K. Baum & Company, Wichita, Kansas ("Original Purchaser")
Gilmore & Bell, P.C., Wichita, Kansas ("Bond Counsel")
MBIA Insurance Corporation, Armonk, New York ("Bond Insurer")
PROCEEDINGS AUTHORIZING THE IMPROVEMENTS
Document
Number
Stratford Place Addition - Sanitary Sewer Line Extension Improvements (Sewer

District No. 31-E
.Engineer's Estimate
- Map of Improvement District
- Petition
Excerpt of Minutes of the governing body meeting evidencing
adoption of Resolution No. 1-969
- Resolution No. 1-969 authorizing improvements (recorded)
Affidavit of Publication of Resolution No. 1-969
JLN\403552\CLOSDOCSPART I (08-02-04)
2. Stratford Place Addition - Water Line Extension Improvements (Water District No.
19-E
- Engineer's Estimate
-Petition
Resolution No. 1-968 authorizing improvements (recorded)
- Affidavit of Publication of Resolution No. 1-968
3. Stratford Place Addition - Street Improvements
Map of Improvement District
-Petition
- Excerpt of Minutes of the governing body meeting evidencing
4. Autumn Glen Addition - Water Line Extension Improvements (Water District No. 23-
A
-Petition
- Petition
adoption of Resolution No. 1-1005 (November 11,2003)
5. Autumn Glen Addition - Sanitary Sewer Line Extension Improvements (Sewer

District No. 34-A
Petition
6. Autumn Glen Addition - Street Improvements
Engineer's Estimate
JLN\403552\CLOSDOCS PART I (08-02-04) ..

11
, -Petition
7. -
Autumn Glen Addition Drainage Improvements
Petition
8. Weber Addition - Sanitary Sewer Line Extension Improvements (Sewer District No.
33-B)
-Petition
adoption of Resolution No. 1-967 (August 14,2001)
9. Westhaven Third Addition - Water Line Extension Improvements (Water District No.
11-D)
Petition
adoption of Resolution No. 1-972 (August 14,200 1)
10. -
Westhaven Third Addition Sanitary Sewer Line Extension Improvements (Sewer
District No. 10-R)
-Map of Improvement District
Petition
adoption of Resolution No. 1-971 (January 8,2002)
11. Ragsdale's Addition - Sanitary Sewer Line Extension Improvements (Sewer District
No. 1-A)
JLN\403552\CLOSDOCS PART I (08-02-04) ...
111
Petition
12. Westhaven Third Addition - Street Improvements
Engineer's Estimate
- Petition
13. Autumn Glen 1st and 2nd Additions - Water Line Extension Improvements (Water
District No. 23-B)
.Petition
14. Autumn Glen 1st and 2nd Additions - Sanitary Sewer Line Extension Improvements
(Sewer District No. 34-B)
Engineer's Estimate
.Map of Improvement District
.Petition
15. Autumn Glen 1st and 2ndAdditions - Street Improvements

-Petition
adoption of Resolution No. I-980-B (August 27,2002)
-ResolutionNo. I-980-B authorizing improvements (recorded)
Affidavit of Publication of Resolution No. I-980-B
16. Wheatridge Addition - Street Improvements (Phase III)

Engineer's Estimate
iv
Petition
adoption of Resolution No. I-973-B
-ResolutionNo. I-973-B authorizing improvements (recorded)
Affidavit of Publication of Resolution No. I-973-B
17. Westwood Addition - Sanitary Sewer Line Extension Improvements (Sewer District
NO.35-A)
-Petition
- Excerpt of Minutes of the governing body meeting evidencing '

- Midavit of Publication of Resolution No. 1-985
-
18. TFDM Addition Street Improvements
Petition
19. Stone Creek Estates - Street Improvements
-Petition
20. Stone Creek Estates - Sanitary Sewer Line Extension Improvements (Sewer District
NO.29-B[)
Engineer's Estimate
.Petition
21. Stone Creek Estates - Water Line Extension Improvements (Water District No. 5-1)
-Petition
JLM403552\CLOSDOCS PART I (08-02-04)

-
Stratford Place Addition Sanitary Sewer Line Extension Improvements (Sewer
District No. 314)
- Petition
Stratford Place Addition - Water Line Extension Improvements (Water District No.
19-F)
-Petition
Stratford Place Addition - Street Improvements
- Petition
- Resolution No. 1-991authorizing improvements (recorded)
Wheatridge Addition - Sanitary Sewer Line Extension Improvements (Sewer District

NO.30-A4)
Engineer's Estimate
.Petition
-
Turkey Red Village Addition and Wheatridge Addition Street Improvements
Petition
27. Hangar E Improvements

Engineer's Estimate
passage of Charter Ordinance No. 35
- Charter Ordinance No. 35
- Affidavit of Publication of Charter Ordinance No. 35
Certificate of No Protest
adoption of Resolution No. G-791 (October 24,2000)
Resolution No. G-79 1 authorizing improvements
28. Waterline Relocation - Broadway and Interstate 135

adoption of Resolution No. G-797 (February 5,2001)
- Resolution No. G-797 authorizing improvements
29. Airport Building Improvements
Charter Ordinance No. 35
Affidavit of Publication of Charter Ordinance No. 35
Certificate of No Protest
adoption of Resolution No. G-791 (October 24,2000)
- Resolution No. G-79 1 authorizing improvements
30. Airport Building Improvements
- Engineer's Estimates
- Certificate of No Protest
adoption of Resolution No. G-8 18
Resolution No. G-8 18 authorizing improvements
3 1. West T Hangar Extension

Engineer's Estimate
JLN\403552\CLOSDOCS PART I (08-02-04)

vii
- Affidavit of Publication of Charter Ordinance No. 35
adoption of Resolution No. G-8 18
- Resolution No. G-8 18 authorizing improvements
adoption of Resolution No. G-833 (December 11,2001)
-ResolutionNo. G-833 authorizing improvements
Skytile (Park Improvements)

adoption of Resolution No. 1-976 (May 28,2002)
- Resolution No. 1-976 authorizing improvements
33. Library Public Building Improvements
adoption of Resolution No. 1-975 (April 23,2002)
34. Recreation Center Public Building Improvements
adoption of Resolution No. 1-975 (April 23,2002)
Resolution No. 1-975 authorizing improvements
35. Service Center Public Building Improvements

adoption of Resolution No. 1-992 (February 11,2003)
36. Main Trafficway Improvements -West 1st Street from Meridian Road to Elm Street;
and West Broadway from Meridian Road to Elm Street
passage of Ordinance No. 3953
Ordinance No. 3953 designating certain streets in the City as main trafficways
- Affidavit of Publication of Ordinance No. 3953
JLN\403552\CLOSDOCSPART I (08-02-04) ...

Vlll
- Resolution No. 1-996 authorizing main trafficway improvements
passage of Ordinance No. 4289-99
- Ordinance No. 4289-99 designating certain streets in the City as main trafficways
Affidavit of Publication of Ordinance No. 4289-99
- Resolution No. 1-997 authorizing main trafficway improvements
SPECIAL ASSESSMENT PROCEEDINGS
Excerpt of Minutes of the governing body meeting accepting the following documents:
Statement of Final Costs
Assessment Roll Certification
- Notice of Public Hearing
- Form of Notice of Hearing and Statement of Cost Proposed to be Assessed
Affidavit of Publication of Notice of Public Hearing
Certificate of Mailing - Notice of Public Hearing
Revised Assessment Roll (Resolution Nos. 1-982 and 1-989 omitted)
Excerpt of Minutes of the governing body meeting evidencing passage of Ordinance No.
449 1-04
Ordinance No. 4491-04 levying special assessments
Affidavit of Publication of Ordinance No. 449 1-04
Certificate of Mailing - Notice of Assessment
Certificate of Treasurer - Assessments Paid in Cash
PROCEEDINGS AUTHORIZING THE SALE

AND ISSUANCE OF THE BONDS
Excerpt of minutes of the governing body meeting evidencing adoption of Resolution No.
G-900
Resolution No. G-900 authorizing the offering for sale of the Bonds
Preliminary Official Statement and Certificate Deeming Preliminary Official Statement

Final
Official Statement
ix
50. Bond Purchase Agreement
51. Excerpt of minutes of the governing body meeting evidencing passage of Ordinance No.
4500-04 and adoption of Resolution Nos. G-901 and G-902
52. Ordinance No. 4500-04 authorizing the issuance of the Bonds
53. Affidavit of publication of Ordinance No. 4500-04
54. Resolution No. G-90 1 prescribing the form and details of the Series 2004-A Bonds
55. Resolution No. G-902 prescribing the form and details of the Series 2004-B Bonds
56. Ordinance No. 4384-01 and Resolution No. G-8 15 authorizing Refunded Bonds
57. Redemption Documents - Series 2001-B Bonds
CLOSING DOCUMENTS
58. Transcript Certificate with attached Statement of Costs
59. Uniform Facsimile of Signature Certificate
60. Authorization of State Treasurer to use facsimile signature and seal
61. Specimen Bonds and Bond Printer's Certificates
62. Agreement Between Issuer and Agent
63. DTC Documents - Blanket Letter of Representations
64. Municipal Bond Insurance Policies - MBIA
65. Rating Letters - Standard & Poor's
66. Closing Certificate
Exhibit A - Continuing Disclosure Instructions
67. Federal Tax Certificate with attachments as follows (Series 2004-A):
Schedule I - Calculation of Yield
Exhibit A - Arbitrage Instructions
68. Internal Revenue Service Form 8038-G (Series 2004-A)
JLN\403552\CLOSDOCSPART I(08-02-04)
69. Receipt for Purchase Price
70. Receipt and Representation
7 1. Certificate of Bond Insurer
LEGAL OPINIONS
72. Approving legal opinion of Gilmore & Bell, P.C. - Series 2004-A
73. Approving legal opinion of Gilmore & Bell, P.C. - Series 2004-B
74. Opinions of Counsel to Bond Insurer
75. Approval letter of Attorney General
MISCELLANEOUS DOCUMENTS
76. Closing Letter

FEASIBILITY REPORT
Date: 12\28\00
Project No.00SS000010
I
TO: Governing Body

City of Newton
Newton, Kansas
Gentlemen:
The following report is made for your consideration and action:
A. Gcneral Naturc of Project: Extension of Sanitarv Sewer Lines in Stratford Place Addition ( Sewer
District 3 1-E )
B. Estimated or Probable Cost:
Per Linear Foot of Project $ 57.34 per foot
Estimated Total Cost $ 81.888.42
C. Improvement District: Lots 1 - 8 Block 10: Lots 3.6.7. & Lots 41 - 57 Block 4: Lots 7 & 10 Block 6;
Stratford Place Addition to the City Of Newton. Harvey County Kansas
D. Method Assessment: Each Lot in the Improvement District to bear equal assessments
E. Apportionment of Cost:
Improvement District 100 % Est. Total $ 81,888.42
City at Large -
0% Est. Total $
Estimated Total Cost 100 % $ 81.888.42
F. Recommendations:
THE CITY OF NEWTON

Sewer District 31-E
80' on'
C'V SO' 68.19' 67.80' 67.80' 67.80'
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30'
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80' "'
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,
-
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/ 80'
-
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85
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7
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-
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7
63.19' 67.80' 67.80' 67.93'
ST
SUTTON D~
PETITION FOR IMPROVEMENTS
TO: The Governing Body of the

City of Newton, Kansas
We, the undersigned, being owners of record of property liable for assessment for the following proposed
improvement:
Extension of sanitary sewer lines in Stratford Place Addition (Sewer District 31-E)
hereby propose that such improvement be made in the manner provided by K.S.A. 12-6a04 as amended.
The estimated or probable cost of such improvement is $ 8 1B8.42.
The extent of the proposed improvement district to be assessed is:
Lots 1-8 Block 10; Lots 3,6,7 and Lots 41-57 Block 4; Lots 7 & 10 Block 6; Stratford Place
Addition to the City of Newton, Harvey County, Kansas
The proposed method of assessment is: Each lot in the improvement district to bear equal assessments
The proposed apportionment of cost between the improvement district and the City at Iarge is: 100% to be assessed
against the improvement district and O%to be paid by the City at large.
We further request that such improvement be made without notice and hearing as required in K.S.A. 12-6a04 as
amended.
We understand that names may not be withdrawn fiom this petition after the governing body commences
consideration of this petition or later than seven (7) days after filing, whichever occurs first.
Properiy Owned
- Date and
Within Proposed Time of
Address o f Residence Irn~mvementDistrict Siminp;
............................
Date Filed 9{A
'
CITY COMMISSION MINUTES
September 11,2001
The Newton City Commission convened at 7:00 p.m. on September 11,2001 on
the City Building fiont lawn at 201 East 6" Street. Attending were Mayor Scott, Vice
Mayor Roberson, and Commissioners Heck, Harris and Loescher. Also attending were
City Manager Heinicke, City Attorney Myers, Director of Finamelcity Clerk Ahsmuhs
and Administrative Secretary Rowan.
The Mayor presided over the items of business.
CONSENT AGENDA
1. Review minutes of August 28,2001 Commission meeting.

2. Consider approval of new Fire/EMS contract with North Newton.
3. Stratford Place Improvements.
A. Receive petition, plans and specifications for construction of water

and sewer line extensions to serve Stratford Place.
B. Consider an Ordinance creating Water District 19-E.
This Ordinance creates Water District 19-E in the City of Newton, Kansas, is
assigned Ordinance No. 4389-01 and is contained in Volume W of
Ordinances.
C. Consider a Resolution authorizing the water line extension to serve

Water District 19-E.
This Resolution authorizes and finds advisable the construction of water lines
to serve Water District 19-E in Stratford Place Addition. The property is
described as Lots 1 through 8, Block 10; Lots 47 through 57, Block 4; Lots 2
through 11, Block 6; Lots 8 through 12, Block 7; all in Stratford Place
Addition to the City of Newton, Harvey County, Kansas. Cost of the
improvement is estimated at $55,726.75 with 100% to be assessed to the
improvement district and 0% to be paid by the City at large. This Resolution
is assigned Improvement Resolution 1-968 and is contained in Volume C of
Improvement Resolutions.
D. Consider an Ordinance creating Sanitary Sewer District 31-E.
This Ordinance creates Sewer District 3 1-E in the City of Newton, Kansas, is
Ordinances.
City Commission Minutes Page 1 of 2

September 1I, 2001
E. Consider a Resolution authorizing the sanitary sewer line extension to
sewe Sewer District 31-D. .
to serve Sewer District 31-E in Stratford Place Addition. The property is
described as Lots 1 through 8, Block 10; Lots 3,6,7 and 41 through 57, Block
4; Lots 7 and 10, Block 6; all in Stratford Place Addition to the City of
Newton, Harvey County, Kansas. Cost of the improvement is estimated at
$81,888.42 with 100% to be assessed to the improvement district and 0% to
be paid by the City at large. This Resolution is assigned Improvement
Resolution 1-969 and is contained in Volume C of Improvement Resolutions.
F. Set date and time to receive bids (September 24 at 2:00 is suggested).
4. Mayor's appointment.
Gary Hill to the NewtonAVorth Newton Planning Commission, term ending 4-30-2003.
MOTION:. Vice Mayor Roberson moved and Commissioner Loescher seconded

to approve the Consent Agenda as presented. Motion carried with a 5-0 vote.
5. Adjournment.
It was the will of the Commission to postpone the remainder of the agenda items
in order to hear the President of the United States speak regarding the tragedies of the
day in New York. There being no further business to come before the Commission,
the meeting adjourned at 7:05.
ATTEST:
City Clerk

September 1 1,2001
RESOLUTION NO. 1-969
WHEREAS, A Petition was filed with the City Clerk on the Xhday of September ,
200 1, proposing the followjng improvement: construction of a sanitary sewer line extension to
serve the below-described property in Stratford Place Addition (sewer District No. 3 1-E) setting
forth: (a) the general nature of the proposed improvement; (b) the estimated or probable cost; (c)
the extent of the proposed improvement district to be assessed; (d)the proposed method of
assessment; (e) the proposed apportionment of cost between the improvement district and the
City at large; and (f) the request that such improvement be made without notice of hearing as
required by K.S.A. 12-6a04, as amended; and
WHEREAS, the Governing Body did on the 1lth day of September 2001, find such
Petition to be sufficient, NOW, THEREFORE,
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF NEWTON,

KANSAS:
SECTION 1. The ~ o v e m i n g ~ o hereby

dy finds and finally determines that: (a) it is
advisable to m&e the following improvement, and the following improvement is hereby
authorized and ordered to be made in accordance with the findings of the governing body, to wit:
construction of a &tary sewer line extension to serve the below-described property in Stratford
Place Addition (Sewer District No. 3 1-E); (b) the estimated or probable cost of such
improvement is: $81,888.42; (c) the boundary of the improvement district shall be:
Lots 1 through 8, Block 10; Lots 3,6,7, and Lots 41 through 57, Block 4;
Lots 7 and 10, Block 6; all in Stratford Place Addition, an Addition to the
City of Newton, Harvey County9Kansas;
(d) the method of assessment shall be: each lot in the improvement district to bear equal
assessment; (e) the apportionment of cost between the improvement district and-the City at large
shall be: 100% to be assessed against the improvement district, and 0% to be paid by the City at
large.
SECTION 2. Pursuant to K.S.A. 12-6a14, said public improvements are hereby

authorized to be paid for, in whole or in part, by the issuance of general obligation bonds, said
bonds to be issued %oreimburse expenditures made after this date pursuant to Treasury
Regulations.
SECTION 3. This Resolution shall be published one time in the official City newspaper
and shall also be filed of record in the Office of the Register of Deeds of Harvey County, b a s .
Res. 1-969 9-11-2001

Stratford Place
Const. of sewer line extension
Sewer Dist. 31-E
PASSED AND ADOPTED this 11th day of September, 200 1.
-.: - . ~ a y o r'
ATTEST: s . .- .
. . .. .. . - . - .
. .:r - .
. - .. ...
-. .
. ... -
AFFIDAVIT OF PUBLICATION
STATE OF KANSAS, C O U N N OF HARVEY ss
Dennis R. Garrison
( F i t published in THE NEWTON being first duly sworn, deposes and says: That he is Advertising
KANSAN, September 14,2001.) Manager of
R E S O L ~ O NNO. 1-969 The Newton Kansan
a dail newspaper printed in the State of Kansas, and published
WHEREAS, A Petition was filed in and'of general circulation in Harvey County, Kansas, with gen-
with the City Clerk on the 4th day of eral aid circulation on a dail basis in Harvey Count Kansas,
September, 2001, proposing the follow- ?nd.&at said newspaper is no!a trade, religious or frakrnal pub-
ing improvement: construction of a san- Icatlon.
itary sewer line extension to serve the
below-described property in Stratford
Plaee Addition (Sewer District No. 31-E) Said newspaper is a dail published at least weekly 50
- setting forth: (a) the general nature of times a year; has been so publisged continuously and uninter-
ruptedly In said count and state for a period of more than five
the proppqed improvement; (b) the esti-
mated or probable cost; (c) the extent of years prior to the firsbublication of sald notice; a"d has been
the proposed improvement district to be adm~ttedat the post o ice of Newton, Kansas In sald County as
assesbed; (d) the proposed method of second class matter.
assessment; (e) the proposed apportion-
ment of cost between the improvement That the attached notice is a true copy thereof and
distrih and the City at large; and (f) the was published In the regular and entlre Issue of satd newspaper
request that such improvement be
made without aotice of hearing as for One consecutive weeks, the first publication
required by K.S.A. 12-6a04, as amend-
ed; and
thereof being made as aforesaid on the 14th
WHEREAS, the GoverningBody did
on the l l t h day of September 2001, find Day of September , 2001, with
such Petition to be sacient, NOW subsequent publications being made on the following dates:
THEREFORE,
BE IT ORDAINED BY THE GOV-
ERNING BODY OF THE CITY OF
NEWTON, KANSAS:
SECTION 1. The governing Body
hereby finds and finally determines
that: (a) it is advisable to make the fol-
lowing improvement, and the following
improvement is hereby authorized and
ordered to be made in accordance with
the findings of the governing body, to
wit: construction of a sanitary sewer
line extension to serve the below- Subscribed and sworn to before me this 17th day of
described property in' Stratford Place
Addition (Sewer District No. 31-E); (b) September
the estimated or probable cost of such
improvement is: $81,888.42; (c) the
boundary of the improvement district
shebe?
8
.-
.7.
Lots 1through 8, Block 10; Lots 3,6, My commission expires: October 18, 2004
7f and Lots 41 through 57, Block 4; Lots
7 and 10, Block 6; all in Stratford Place
Addition, an Addition to the City of Printer's Fees $ 100.70 res i-969
Newton, Harvey County, Kansas;
(d),the method of assessment shall be:
each lot in the improvement district to
bear equal assessment; (e) the appor-
tionment of cost between the improve-
ment district and the City at large shall
be: 100% to be assessed against ,the
improvement district, and 0% to be paid
by the City at large.
SECTION 2. Pursuant to K.S.A. 12-
6a14, said public improvements are
hereQy authorized to be paid for, in
whole or in part, by the issuance of gen-
eral obligation bonds, said bonds to be
issued to reimburse expenditures made
after this date pursuant to Treasury
Regulations.
SECTION 3. This Resolution shall
be published one time in the oficial
City newspaper and shall also be filed of
record in the ofice of the Register of
Deeds of Harvey County, Kansas.
PASSED AND ADOPTED this 11th day
of September, 2001.
Id H. Grant Scott
Mayor
ATTEST
Id Ronald R. Ahsmuhs
City Clerk
FEASIBILITY REPORT
Date: 12\28\00
Project No.OOWT000011
TO: Governing Body

City of Newton
Newton, Kansas
Gentlemen:
A. General Nature ofproject: Extension of Water Lines in Stratford Place Addition (Water District 19-E )
C. Improvement District: Lots 1 - 8 Block 10: Lots 47 - 57 Block 4: Lots 2 - 11 Block 6; Lots 8 - 12
Block 7; Stratford Place Addition to the City Of Newton. Harvey Countv Kansas
D. Method Assessment: Each Lot in the Imtxovement District to bear equal assessments
City at Large -
0% Est. Total $
Estimated Total Cost 100 % $ 55,726.75
F. Recommendations:
THE CITY OF NEWTON

EENEFll DIJc-DI d3 MP
Wuter District 19-E
SUTTON DF
VICTORIA RD

improvement:
Extension of water lines in Stratford Place Addition (Water District 19-E)
The estimated or probable cost of such improvement is $ 55.726.75.
Lots 1-8 Block 10; Lots 47-57 Block 4; Lots 2-11 Block 6; Lots 8-12 Block 7;
Stratford Place Addition to the City of Newton, Harvey County, Kansas
The proposed method of assessment is: Each lot in the improvement district to bear equal assessments
The proposed apportionment of cost between the improvement district and the City at large is: 100% to be assessed
against the improvement district a d O%to be paid by the City at large.
We further request that such improvement be made without notice and hearing as required in K.S.A. 12-6a04 as
amended.
We understand that names may not be withdrawn from this petition after the governing body commences
C
Property Owned Date and

Siznature Address of Residence Irnurovement District Sieninp,
...........................
Date Filed v'-<d /
September 11,2001
The Newton City Commission convened at 7:00 p.m. on September 11,2001 on
the City Building front lawn at 201 East 6' Street. Attending were Mayor Scott, Vice
Mayor Roberson, and Commissioners Heck, Harris and Loescher. Also attending were
City Manager Heinicke, City Attorney Myers, Director of Finance/City Clerk Ahsmuhs
and Administrative Secretary Rowan.
The Mayor presided over the items of business.
CONSENT AGENDA
2. Consider approval of new FireiEMS contract with North Newton.
3. Stratford Place Improvements.
A. Receive petition, plans and specifications for construction of water

and sewer line extensions to serve Stratford Place.
B. Consider an Ordinance creating Water District 19-E.
This Ordinance creates Water District 19-E in the City of Newton, Kansas, is
Ordinances.
C. Consider a Resolution authorizing the water line extension to serve

Water District 19-E.
to serve Water District 19-E in Stratford Place Addition. The property is
described as Lots 1 through 8, Block 10; Lots 47 through 57, Block 4; Lots 2
through 11, Block 6; Lots 8 through 12, Block 7; all in Strai3ord Place
Addition to the City of Newton, Harvey County, Kansas. Cost of the
improvement is estimated at $55,726.75 with 100% to be assessed to the
improvement district and 0% to be paid by the City at large. This Resolution
'is assigned Improvement Resolution 1-968 and is contained in Volume C of
D. Consider an Ordinance creating Sanitary Sewer District 31-E.
This Ordinance creates Sewer District 3 1-E in the City of Newton, Kansas, is
Ordinances.

September 11,2001
. . .. .
E. Consider a ResoIution authorizing the sanitary sewer line extension to

serve Sewer District 31-D.
to serve Sewer District 31-E in Stratford Place Addition. The property is
described as Lots 1 through 8, Block 10; Lots 3,6,7 and 41 through 57, Block
4; Lots 7 and 10, Block 6; all in Stratford Place Addition to the City of
Newton, Harvey County, Kansas. Cost of the improvement is estimated at
$81,888.42 with 100% to be assessed to the improvement district and 0% to
be paid by the City at large. This Resolution is assigned Improvement
Resolution 1-969 and is contained in Volume C of Improvement Resolutions.
F. Set date and time to receive bids (September 24 at 2:00 is suggested).
4. Mayor's appointment.
Gary Hill to the NewtonMorth Newton Planning Commission, term ending 4-30-2003.
MOTION: Vice Mayor Roberson moved and Commissioner Loescher seconded

to approve the Consent Agenda as presented. Motion carried with a 5-0 vote.
5. Adjournment.
It was the will of the Commission to postpone the remainder of the agenda items
in order to hear the President of the United States speak regarding the trage'dies of the
day in New York. There being no further business to come before the Commission,
the meeting adjourned at 7:05.
ATTEST:

September 11,2001
WHEREAS, A Petition was filed with the City Clerk on the4- day of september
200 1, proposing the following improvement: construction of a water line extension to serve the
below-described property in Stratford Place Addition (Water District No. 19-E) setting forth. (a)
the general nature of the proposed improvement; @) the estimated or probable cost; (c) the extent
of the proposed improvement district to be assessed; (d) the proposed method of assessment; (e)
the proposed apportionment of cost between the improvement district and the City at large; and
(f) the request that such improvement be made without notice of hearing as required by K.S.A.
12-6a04, as amended; and
WHEREAS, the Governing Body did on the 11th day of September 200 1, find such

1 KANSAS:
SECTION 1. The Governing Body hereby finds and finally determines that: (a) it is
advisable to make the following improvement, and the following improvement is hereby
1 construction of a water line extension to serve the below-described property in Stratford Place
Addition (Water District No. 19-E); (b) the estimated or probable cost of such improvement is:
$55,726.75; (c) the boundary of the improvement district shall be:
Lots 1 through 8, Block 10; Lots 47 through 57, Block 4; Lots 2 through.
11, Block 6; Lots 8 through 12, Block 7; all in Sb-atford Place Addition, an
Addition to the City of Newton, Harvey .County2Kansas;
assessment; (e) the apportionment of cost between the improvement district and the City at large
large.
SECTTBN 2. .]Pursuantto K.S.A. 126a14, said public improvements are hereby

authorized to-be paid for, in whole or in part, by the issuance of general obligation bonds, said
bonds to be issued to reimburse expenditures made after this date pursuant to Treasury a.
Regulations.
and shall also be filed of record in the Oftice of the Register of ~ e e &
of ~ a r v County,
e~ Kansas.
.
Res 1-968 9-1 1-200 l.
Stratford Place
Const. of water line extension
Water Dist. 19-E
PASSED AND ADOPTED this 1I th day of September, 2001.
Mayor
ATTEST: .
#
( ~ i &published in THE ~ W T O N STATE OF KANSAS, COUNTY OF HARVEY ss
KANSAN, September 14,2001.) Dennis R. Garrison
RESOLUTION NO.'I-968 being first duly sworn, deposes and says: That he is Advertising
Manager of
WHEREAS, A Petition was fded
with the City Clerk on the 4th day of The Newton Kansan
September, 2001, proposing the follow- a dail newspaper printed in the State of Kansas, and published
ing improvement: constmction of a in andl?f general.circulation i~Hayey. County, Kansas, with gen-
water line extension to serve the below- eral atd ctrculatton on a dally baas In Harvey Coun Kansas,
descr$ed property in Stratford Place ?nd!at said newspaper is not a trade, religious or frakrnal pub-
Addition (Water District No. 19-E) set- Itcatton.
ting forth: (a) the general nature of the
proposed improvement; (b) the e s t i i a t - Said newspaper is a dail published at least weekly 50
ed or probable cost; (c) the extent of the times a year has been so publisxed continuously and uninter-
proposed improvement district to be ruptedly tn &id count and state for a period of more than five
assessed; (dl the proposed method 9f year? prior to the firs$ublication of said notice: a"d has been
assessment; (e) the proposed apportion- admttted at the post o a e of Newton, Kansas In satd County as
ment of cost between the improvement second class matter.
district and the City at large; and (f)the
made without notice of hearing as That the attached notice is a true copy thereof and
required by K.S.A. 12-6a04, a s amend- was publtshed In the regular and entire Issue of sa~dnewspaper
ed; and
for One consecutive weeks, the first publication
WHEREAS, the Governing Body did '
on the l l t h day of September 2001, find

such Petition to be sufficient. NOW thereof being made as aforesaid on the 14th
THEREFORE,
Day of September , 2001, with
BE IT ORDAINED BY THE GOV- subsequent publications being made on the following dates:
ERNING BODY O F THE CITY OF
NEWTON, KANSAS:
SECTION 1. The ' goveining Body
hereby finds and fmally determines
that: (a) it is advisable to make the for-
wit: construction of a water line exten-
sion to serve the below-described prop-
erty in Stratford Place Addition (Water
District No. 19-E); (b) the estimated or Subscribed and sworn to before me this 17th day of
probable cost of such improvement is:
$55,726.75; (c) the boundary of the
improvement district shall be: ,
Lots 1through 8, Block 10; Lots 47

through 57, Block 4; Lots 2 through 11, .
Block 6; Lots 8 through 12, Block 7; all
in Stratford Place Addition, an Addition
to the City of Newton, Harvey County, My commission expires: October 18. 2004
Kansas;
Printer's Fees $ 100.70 res i-968
(d) the method of assessment shall be:
v?:
J 4:
'I -
ment district and the City a t large shall
be: 100% to be assessed against the
hereby authorized to be paid for, in
eral obligation bonds, said bonds to b e
issued .to reimburse expenditures made
Regulations.
be published one time in the official
record in the office of the Register of
PASSED AND ADOPTED this l l t h day
sf September, 2001.
Id H. Grant Scott
Mayor
ATTEST
City Clerk
CITY O F NEWTON, KANSAS
FEASIBILITY REPORT
Date: 11/7/2001
Project No.OOST000012
TO: Governing Body

City of Newton
Newton, Kansas
Gentlemen:
A. General Nature of Project: Extension of Street Pavement, Curb & Gutter and related appurtenance in
Stratford Place Addition
Estimated Total Cost $ 226.01 1.77
C. Improvement District: Lots 1 - 8 Block 10: Lots 47- 57 Block 4: Lots 2 - 11 Block 6: Lots 8 - 12
Block 7: Stratford Place Addition to the City Of Newton, Harvey County Kansas
D. Method Assessment: Each Lot in the Improvement District to bear e ~ u aassessments

l
Improvement District 96.1 5 % Est. Total $ 226,011.77
City at Large 3.85 % Est. Total $ 9.045.90
F. Recommendations:
THE CITY OF NEWTON
City Engineer
STRATFORD PLACE
STREET IMPROVEMENT BENEFIT DISTRICT

We, the undersigned, being owners of record of property liable for assessment for the following
proposed improvement:
Extensions of Street Pavement, Curb & Gutter and related appurtenances in Stratford Place Addition
hereby propose that such improvement be made in the manner provided by K.S.A. 12-6a04 as
amended.
The estimated or probable cost of such improvement is $ 235,057.67

Lots 1-8, Block 10; Lots 47-57 Block 4; Lots 2-1 1 Block 6; Lots 8-12, lock 7; Stratford Place Addition to the
City of Newton, Kansas, Harvey County Kansas.
The proposed method of assessment is: each lot in the improvement district to bear equal assesssment
The proposed apportionment of cost between the improvement district and the City at large is:
96.15 % to be assessed against the improvement district and 3.85% to be paid by the City at
large.
We further request that such improvement be,made without notice and hearing as required in
K.S.A. 12-6a04 as amended.
We understand that names may not be withdrawn from this petition after the governing body
commences consideration of this petition or later than seven (7) days after filing, whichever
occurs first.
Property Owned Dale and
Simature Address of Residence Imvrovement District Sianinx
CITY COMMISSION MEETING
November 13,2001
The Newton City Commission convened in regular session at 7:00 p.m. on November
13,2001 in the City Commission room at 201 East 6 Street. Attending were Mayor Scott, Vice
Mayor Roberson and Commissioners Harris, Heck and Loescher. Also attending were City
Manager Heinicke, City Attorney Myers, City EngineerAIPW Loomis, Director of FinanceICity
Clerk Ahsmuhs, Director of Community Development Johnson and Deputy Clerk Duerksen.
Pastor Mike Keating of the First United Methodist Church provided the invocation. The
Mayor then led in the Pledge of Allegiance to the US Flag and presided over the items of
business.
CONSENT AGENDA
1. Review minutes of October 23,2001 Commission meeting.
2. Mayor's Appointments to the Historic Preservation Commission.
Reappointments: Jim Yoder, Sue Ice terms ending 8-30-2004 and Sondra Koontz to .fill
unexpired term of Brenda Miller, term ending 8-30-2003.
3. Stratford Place Addition
A. Receive petitions, plans and specifications for curb and gutter and drainage
to serve Stratford Place Addition.
B. Consider Resolutions finding advisable and authorizing the construction of
curb and gutter and drainage.
This Resolution finds advisable and authorizes the extension of street pavement, curb
and gutter in Stratford Place Addition. The property is described as Lots 1 though 8,
Block 10; Lots 47 through 57, Block 4; Lots 2 though 11, Block 6; Lots 8 through 12,
Block 7; all in Stratford Place Addition to the City of Newton, Harvey County,
Kansas. The cost of the improvement is estimated at $235,057.67 with 96.15% to be
assessed to the improvement district and 3.85% to be paid by the City at large. This
Resolution is assigned 1-970 and is contained in Volume C of Improvement
Resolutions.
C. Set date and time to receive bids (December 7 @ 10:OO a.m. is suggested).
4. Consider a Resolution granting Tec Weld Automation, Inc., a six-month

extension on their time to complete their industrial development project and tax
abatement application.
This Resolution extends the time for the completion of certain tax abatement
proceedings on behalf of Tec Weld Automation, Inc. and is assigned G-826 and is
contained in Volume D of General Resolutions.
City Commission Minutes

November 13,2001
MOTION: Commissioner Heck moved and Commissioner Loescher seconded
to approve the consent agenda as presented. Motion carried 5-0.
REGULAR AGENDA
5. Citizen's Forum of items presented or requested by the public:
A. Receive a request from the Chamber of Commerce to close Main Street from 5th
Street to 8" Street on November 29,2001 5:45 p.m. to 7:45 p.m .for the "Parade
of Lights".
Kim Manring, Chamber of Commerce Representative, requested that Main Street be

closed fiom 5' Street to 8' Street from 6:15 p.m. to 7:45 p.m. on November 29 for the Parade of
Lights. They are also requesting that West 7' Street between Main and Poplar and Poplar and
Plum be barricaded to through traffic from 5:45 p.m. to 7:45 p.m. for the parade line up and also
requested the Police Department lead the parade.
MOTION: Commissioner Harris moved and Vice Mayor Roberson seconded to

approve the request to close Main Street on November 29 from 5:45 p.m. to 7:45
p.m. Motion carried 5-0.
B. Present the Residential and Non Residential Improvements of the Year Awards.
Each year awards are given for non-residential and residential properties that have
worked to improve the appearance and condition of their property. The non-residential
improvement award was for the Taco John's property located at 1001 N. Main. Day's
Restaurant has spent over $100,000 to improve the property. The Mayor then presented the
award to representatives of the Day's Restaurant and thanked them for making the
improvements. The residential improvement award is for the property at 218 N. Duncan. Charlie
Newel1 purchased the property and has spent over $34,000 to improve the property. (Mr.
Newel1 was not able to attend the meeting so the award will be presented at a future meeting.)
C. Presentation of seat belt cutters donated by the Newton Elks Lodge.
Ron Larson and Gary Ash of the Newton Elks Lodge presented the Police, FireEMS and
Sheriffs departments with seat belt cutters to place in their vehicles. The Elks Lodges throughout
the State have been giving these away to emergency personnel. It is their hope these devises will
help to save lives and help emergency personnel to do their job.
6. City Manager's Update.

= The marquee at the Fox is now in place.
On October 29 the Commission attended an a Emergency Preparedness meeting for
elected officials. On November 14 an exercise.will be held which will walk through an
entire emergency event.
The City participated in the downtown Halloween Walk.
Christy Davis with the State Historical Society conducted a meeting on a new State
historic tax credit program. This program is much more usable than the federal tax credit
program. Also, the Historic Preservation Commission is exploring the potential of a
downtown historic district.
November 13,2001
MOTION: Commissioner Loescher moved and Vice Mayor Roberson seconded
that the commission recess to executive session for 15 minutes to discuss matters
of preliminary acquisition of real estate. Motion carried 5-0.
The Commission recessed to executive session at 8:55 p.m. The Commission

reconvened at 9:05 p.m. Mayor Scott announced no decisions were made and no action
was taken.
18. Adjournment.
There being no furfher business to come before the Commission, the meeting adjourned
ATTEST:

November 13,2001
q?C'
RESOLUTION NO. 1-
WHEREAS, A Petition was filed with the City Clerk on the @-day of &ue,nbc r ,
2001, proposing the following improvement: Extension of street pavement, curb and gutter in
Stratford Place Addition, setting forth: (a) the general nature of the proposed improvement; (b)
the estimated or probable cost; (c) the extent of the proposed improvement district to be
assessed; (d) the proposed method of.assessment; (e) the proposed apportionment of cost
between the improvement district and the City at large; and (f) the request that such
improvement be made without notice of hearing as required by K.S.A. 12-6a04, as amended; and
WHEREAS, the Governing Body did on the 13th day of November 200 1, find such

MALYSAS:
advisabIe to make the following improvement, and the following improvement is hereby
Extension of street pavement, curb and gutter in Stratford Place Addition; (b) the estimated or
probable cost of such improvement is: $235,057.67; (c) the boundary of the improvement
- district shall be:
Eots 1 through 8, Block 10; Lots 47 through 57, Block 4; Eots 2 through
11, Block 6; Lots 8 through 12, Block 7; all in Stratford Place Addition to
the City of Newton, Harvey County, Kansas;
shall be: 96.15% to be assessed against the improvement district, and 3.85% to be paid by the
City at large.
SECTION 2. Ipursua~tto K.S.A. 12-6a14, said public improvements are hereby

bonds to be issued to reimburse expenditures made after this date pursuant to Treasury
Regulations. -
and shdl also be filed of record in the Office of the Register of Deeds of H m e y County, Kansas.
PASSED AND ADOPTED this 13th day of November, 200 1.

ATTEST:
2 .a
STATE O F KANSAS, COUNTY O F HARVEY ss
Dennis R. Garrison
----- - - - - being first duly sworn, deposes and says: That h e is Advertising
ku sqwl ummbnt; (el the appor- Manager of
tuwmsnt of iuat between the improve
:
t
WHEREAS, A Petition wm ~ d e d
with the CiQ Clerk on tba 18th drg of
m tdirMdandtbeCitpatlPrgesluil
be%,16% 1.b@ + 4.fo.t th.
improvement district, aud 3.85% to be
The Newton Kansan
in and(of general circulation in Harvey County, Kansas, with gen-
November, !&N)l, propogiall tbs f o b - paid by the City at k m eral aid circulation on a dail basis in Harvey Count Kansas,
ing i m p r ~ ~ m t mExteruion
t: d stnet ?nd&at said newspaper is noya trade, religious or fragrnal pub-
pavement, curb and gutter in %&ford SECTlON 2. Pursuant to KS.k El- Ilcatlon.
Plaee Mdition, eettlIig forth (8) the 6 ~ 1 4 ,mid public impnwemenh are
general nature ofthe propored improve- hereby autburiwd' to ba paid for, in
ment; (b) the ertirmtedor probable W Said newspaper is a dail published a t least weekly 5 C
(c) the extent of the pmpo#d imp- wholeorinput,bythe~eeofgea- times a year;.has been s o publisxed continuously and uninter-
mentdistricttobenesaased;(d)thspr~- era1 obrieptiDn bonds, said bonds to be ruptedly rn sard coun and state for a period of more than five
posed method ofmaem!~~mt; issued to relmburre expenditures made
(e) tbs PIP. after tht date pursuaat to 'R.eaaury years prior to the firs$ublication of sard notice; a?d h a s been
posed apportionmat of Eort between admitted a t the post o Ice of Newton, Kansas In sard County as
1 the improvement district and the c i Regulations. second class matter.
f
' a t l a r g e ; a n d Q t b e ~ t h n t ~ SECTIONS. This Resolution shall
improvement be made without 110thof be publiehwl one time in the official That the attached notice is a true copy thereof a n d
hearing pe resuhwf by KSA A.M. City newepaper m d shall atsobe fded of was publ~shedrn the regular and entrre Issue of sard newspaper
ae amended; and reeord in the Oftice of the Regiskr of
WHEREAS, the Governing Bo4V did Deed8 of Harvey County, Kansas.
on the 13th day of November 2001, fmd PASSEDAND ADOPTED thin 13th
: such Petition to be d k i e n t , N O W ,
day of Nowmber, m1. thereof being made a s aforesaid on the 16th
i THEREFORE,
I Id H. Grant Scott Day of November , 2001, with
1 BE IT ORDAINED BY THE Wv- Mayor subsequent publications being made on the following dates:
:
:
NEWTON, W A
(
INSA S: AlTEs'E .
I SECTION 1. The Govedw! Body Id Ronald R Ahemuhs
: hereby tindo and fin& determiner City Clerk
: that: (a) it is dvieable to m& the fd-
; lowing impruvment, and the folloning
impmvem@ is hereby authorieed and
ordered to be made in aewrdance with
the fmdinge of the governing body, to I Please I
I
wit: Extension of street pavement, curb
I
and gutter in Stratford PloQ Addition;
(b) the estimated or probPble cost of Give Blood!
such improvement is $235,057.gl, (c)
the boundery of the improvement dh- American Red Cross Subscribed and sworn to before m e this 16th day of
trict shall be:
LdtsIthm~ghB,Blakl@Lats47
B I ~ervicat,
1
~ Central Plains Regton
I
November ,2001, /7
through 57, Block 4 tob 2 thmu& ll,
Block 8; Lots 8 thrrmgh l2,Block 7; all
in Stratford Place Addition to the City
of Newton, Harvey County, K a ~ a e ;
My commission expires: October 18, 2004
Printer's Fees $ 98.05 res# 1-970
, ,
VT, V", V L I
'
. .
U" I.- U I " U".l U I V V mU3u
AUTUMN GLEN ADDITION

Wafer, Phase 1
ITEM UNIT
DESCRIPTION QUANTITY UNIT EXTENSION
NO. PRiCE
1 WL Pipe 8"(0152) 1410 LF 24.00 $33,840.00
2 WL Pipe 6"(D152) 988 LF 22.00 21,736.00
3 8" Valve Ass'y 3 EA 1000.00 3,000.00
4 6"Valve Ass'y 2 EA 1000.00 2,000.00
5 Fire Hydrant Ass'y 4 EA 2500.00 10,000.00
6 Fire Hydrant 1 EA 2300.00 2,300.00
7 12 x 8 Tapping Sleeve & Valve 'I EA 2500.00 2,500.00
8 12 x 6 Tapping Sleeve & Valve I EA 2500.00 2,500,OO
9 BlowofFAss'y 2" 4 EA 500.00 2,000.00
I0 Protective Fill 770 LF . 4.50 3,465.00
I1 Site Clearing and Restoration 1 LS 1659.00 1,659.00
Estimated Construction Cast $85,000.00
Design Engineering and Staking $13,185.00
Inspection and Administration $5,100.00
Total $1 O3,28S.OO
PetitionAmount $l03,285.OQ
AUTUMN GLEN -
SUZANNE LOOMIS, CITY ENGINEER
NW Ccf.
SEC. 33. T23S. RIE
SCALE:
BENEFIT DISTRICT
WATER ~ I S T . I
.i !
0 i
23-A
SW Cor.
SEC. 33. T23S. RIE
01/03/01 12:56 FAX 316 684 5100
PETITION FOR IMPROVEMENTS - PHASE I
TO: The Governing Body of

Construction of Water Distribution System
hereby proposes that such Improvement be made in the manner provided by K.S.A. 12-6a04 as
amended.
The estimated or probable cost of such improvement is $ 103,285.00 (One Hundred Three
Thousand, Two Hundred Eighty-Five Dollars).
The extent of the proposed Improvementdistrict to be assessed is:
Lots 1 through 7, Block 1; Lots 1 through 7, Block 4;

Lots 1through 8, Block 5; and Lots 1through 17, Block 8
The proposed method of assessment is: Lots 1-8, Block I; Lots 1-7, Block 4; tots 1-8, Block 5; and
Lab 1-17, Block 6, ~halfreachpay 1/39 of the total cost payable by the improvement district.
100% to be assessed against the Improvement district and 0% to be paid by the City at large.
We further request that such Improvement be made without notice and hearing as requiredin K.S.A.
12-6a04 as amended.
We understand that names may not be withdrawn from this petition afier the governing body
commences consideration d this petition or later than seven (7) days afterfiling, whichever occuw
first.
Propetty Own@ Date and
Address of Residence Improvement District Signing
Block 6,Autumn Glen Addition
fl an ice K. Harder
April 10,2001
The Newton City Commission convened in regular session at 7:00 p.m. on April 10,2001
in the City Commission room, 201 East 6th Street. Attending were Mayor Harris, Vice Mayor
Scott, and Commissioners Gaeddert, Heck and Loescher. Also attending were City Manager
Heinicke, City Attorney Myers, City EngineerIDPW Loomis, Director of FinanceICity Clerk
Ahsmuhs and Deputy Clerk Duerksen.
Pastor Steve Friesen of Grace Community Church provided the invocation. The Mayor
then led in the Pledge of Allegiance to the US Flag and presided over the items of business.
1. Review minutes of March 27,2001 Commission meeting.
MOTION: Commissioner Loescher moved and Commissioner Heck seconded

to approve the Minutes of March 27,2001. Motion carried 5-0.
2. Receive report on April 2, 2001 election results from the Harvey County Election
Officer.
Director of FinanceICity Clerk Ahsmuhs reported on the official votes cast at the election
held April 2,2001 for the positions of City Commissioners.
Marjorie L Roberson 1775

Willis G. Heck 1641
Todd Loescher 1466
Sherry Nuehring 1352
David W. Briar 1125
The votes place Roberson and Heck in four-year terms and Loescher in a two-year term.
3. Recognition of out going officials.
The Mayor gave a "State of the City" address. Highlights for the year include recycling,
water quality protection, completion of WWD #17, intergovernmental cooperation in which the
City has partnered with other governments and the private sector to accomplish community
goals, airport improvements such as new T-hangers, airplane wash bay and the new EagleJet
hanger, recreation and park complex, growth and development with four subdivision expansions,
emergency services (Fire/EMS and Police).
Mayor Harris praised Commissioner Gaeddert for her work with the Commission and
presented her with a gift in appreciation of her service to the City of Newton.
Commissioner Gaeddert thanked the community for the privilege of serving. "Until one
has been elected, one doesn't realize what a rare opportunity it is and how humbling it is". She
reviewed the work accomplished during her term that had significant meaning. She also stated
how important it is for the Commission to hear from the "main stream" people.

April 10,2001
7. Autumn Glenn
A. Receive petitions, plans and specifications for sewer and water lines to serve
Autumn Glen.
B. Consider a Resolution finding advisable and authorizing the construction of

sewer lines to serve Sewer District 34-A and revoking prior Resolution 1-960.
This Resolution finds advisable and authorizes the construction of sewer lines to serve
Sewer District 34-A in Auturnn Glen subdivision and revokes prior Resolution 1-960.
The property is described as Lots 1 through 8, Block 1; Lots 1 through 7 and Lots 23
through 26, Block 4; Lots 1 though 8, Block 5, and Lots 1 through 17, Block 6, Autumn
Glen, an Addition to the City of Newton, Harvey County, Kansas. The cost of the
improvement is estimated at $247,805.00 with 100% to be assessed against the
improvement district and 0% to be paid by the City at large. This Resolution is assigned
1-962 and is contained in Volume C of Improvement Resolutions.
C. Consider a Resolution finding advisable and authorizing the construction of

water lines to serve Water District 23-A and revoking prior Resolution 1-961.
This Resolution finds advisable and authorizes the construction of water lines to serve
Water District 23-A in Autumn Glen subdivision and revokes prior Resolution 1-961.
The property is described as Lots 1 through 7, Block 1; Lots 1 through 7, Block 4; Lots 1
though 8, Block 5, and Lots 1 through 17, Block 6, Autumn Glen, an Addition to the City
of Newton, Harvey County, Kansas. The cost of the improvement is estimated at
$103,285.00 with 100% to be assessed against the improvement district and 0% to be
paid by the City at large. This Resolution is assigned 1-963 and is contained in Volume C
of Improvement Resolutions.
MOTION ON CONSENT AGENDA: Commissioner Harris moved and

Commissioner Heck seconded the motion to approve the Consent Agenda as
presented. Motion carried 5-0.
Michael Cleary, former prosecuting attorney, addressed the Commission about the law
department. He shared his dissatisfaction in Geing let go after 20 years of service to the City. He
also expressed concerns with the direction the law department is heading and feels it is
regressing. He questioned if the cut was simply a budget decision and why the City Attorney
position was not put up for bid. Commissioner Loescher responded that the hiring of the City .
Attorney was a budgetary decision 'in an effort to streamline the law department. He stated that
the Commission has a responsibility to taxpayers and felt this was a responsible move.
A. Consider a proclamation declaring April 20,2001 as "Arbor Day".
Hondo Collins, Park Horticulturist, presented the proclamation declaring April 20, 2001
as "Arbor Day" in Newton. He informed the Commission Arbor Day must be declared each year
to retain the Tree City USA designation. Newton has received the Tree City USA designation
for 25 years.
April 10,2001 3of7
14. New Business.
Commissioner Loescher suggested a summit meeting between North Newton, Harvey

County and the City be held to look at issues entities are facing, such as emergency services,
water, sewer, etc. This would allow each entity to have a better understanding of the other's
concerns. It would be the appropriate time to put all the issues on the table so that we don't get
caught up in turf battles. He also suggested having an outside facilitator, who is not attached to
this issues, moderate the meeting.
Mayor Scott encouraged a meeting between the Recreation Superintendent, High School
Athletic Director, Park Superintendent and DPW to discuss who's responsible for what
(ballfields, etc.) and to have agencies see how they can help each other.
MOTION: Commissioner Loescher moved to recess to executive session under

attorneylclient privilege for 12 minutes. Commissioner Heck seconded the
motion which carried 5-0.
The Commission recessed to executive session at 9:28 p.m The Commission reconvened
at 9:40 p.m. Mayor Scott announced no decisions were made and no action was taken.
15. Adjournment.
There being no further business to come before the Commission, the meeting was
adjourned at 9:40 p.m.

April 10,2001
8
WHEREAS, a Petition was filed with the City Clerk on the 4 t h day of A p r i l
200 1, proposing the following improvement: construction of a water line extension to serve the
belowdescribed property in Autumn Glen Addition (Water ~ i i t r i cNo.
t 23-A) setting forth: (a) '
the general nature of the proposed improvement; (b) the estimatcd or probable cost; (c) the exrent
of the proposed improvement district to be assessed; (d) the proposed method of &sessrnent; (e)
(0the request that such improvement be made without notice of hearing as required by K.S.A.
12-6a04, as amended: and
WHEREAS, the Governing Body did on the 10th day of April, 2001, fmd such Petition to
be sufficient, NOW THEREFORE,
BE IT RESOLVED BY THE GOVEFNNG BODY OF THE CITY OF NEWTON,

KANSAS: .
SECTION 1. The Governing Body hereby Rnds and finally determines that: (a) it is
advisable to make the following improvement, ahd the following improvement is hereby
construction of a water line extension to serve the below-described property in Autumn Glen
Addition (Water District No. 23-A); (b) the estimated or probable cost of such kprovement is:
3 103,285.00; (c) the boundary of the improvement district shall be:
Lots 1 through 7, Block 1; Lots 1 through 7, Block 4; Lots 1 through 8,

Block 5; and Lots 1 through 17,-Block6, Autumn Glen, an Addition to the
City of Newton, Harvey County, Kansas;
-
(d) the method of assessment shall be: each lotin the-improvementdistrict to bear equal .
assessment; (e) the apportionment of cost between the improve&nt district and the City at large
shall be: 100% to be assessed against the.improvement district, and 0% to be paid by the City at
large. -.

Regulations.
SECTION 3. Prior Resolution No. 1-961 is hereby revoked.
SECTION 4. This Resolution shall be published one time in the official City newspaper,
and shall also be filed of record in the Ofice of the ~egisterof Deeds of Harvey County, Kansas.
Res -1-963
Water Line - Autumn Glen
PASSED AND ADOPTED this 10th day of April, 200 1.
Mayor ~ r a n- i S -c .o t r .
f
- ""FIDAVIT OF PUBLICATION
STATE OF KANSAS. COUNTY OF HARVEY ss
(First published in THE NEWTON Dennis R. Garrison .
KANSAN,May 4,2001.) being first duly sworn, deposes and says: That he is Advertising
RESOLUTION NO. 1-963 Manager of
WHEREAS, a Petition was fded with the The Newton Kansan
City Clerk on the 4th day of April, 2001, a dail newspaper printed in the State of Kansas, and published
proposing the following improvement: con- in and(?f gyera!circulation i" Hayey County, Kansas, with gen-
struction of a water line extension to serve the eral atd c~rculattonon a dart basrs in Harvey Coun
below-described property in Autumn Glen $ Kansas*
and h a t said newspaper is no! a trade, religious or fra ernal pub-
Addition (Water District No. 23-A) setting lication.
forth: (a) the general nature of the proposed
improvement; ( i i ) the estimated or probable Said newspaper is a dail published at least weekly 50
cost; (c) the extent of the proposed improve- times a year; has been so publisxed continuously and uninter-
ment district to be assessed; (d) the proposed ruptedly rn said coun and state for a period of more than five
method of assessment; (e) the proposed appor- year? prior to the firs5ublication of said notite; and has been
tionment of cost between the improvement admitted at the post o a e of Newton, Kansas In said County as
district and the City at large; and (0 the second class matter.
request that such improvements be made
without notice of hearing as required by
K.S.A. 12-6a04, as amended; and That the attached notice is a true copy thereof and
was published in the regular and entire Issue of said newspaper
WHEREAS, the Governing Body did on
the 10th day ofApril, 2001, fmd such Petition for One consecutive weeks, the first publication
to be sufficient, NOW THEREFORE,
BE IT RESOLVED BY THE GL'VERN-
thereof being made as aforesaid on the 4th
ING BODY OF THE CITY OF NEWTON,
KANSAS Day of Mav , 2001, with
subsequent publications being made on the following dates:
SECTION 1. The Governing Body hereby
fmds and finally determines that: (a) it is
advisable to make the following improvement,
and the following improvement is hereby
authorized and ordered to be made in a m r -
dance with the fmdings of the governingbody,
to wit: wnstruction of a sanitary sewer line
extension to serve the below-described prop-
erty in Autumn Glen Addition (Water District
No. 23-A); (b)the estimated or probable cost of
such improvement is: $103,285.00; (c) the
boundary of the improvement district shall
be:
Lots 1through 7, Block 1;Lots 1through Subscribed and sworn to before me this 7th day of
7, Block 4; Lots 1through 8, BlockEi; and Lots
1 throngh 17, Block 6, Autumn Glen, an May ,2001.- f\
A d d i t h to the City of N e ~ t o n ,Harvey
County, Kansas;
(d) the method of assessment shall be: each lot
in the improvement district to bear equal
assessment; (e) the apportionment of cost My commission expires: October 18. 2004
between the improvement district and the
City at large shall be: 100% to be assessed Printer's Fees $ 95.40 res.no. 1-963
against the improvement district, and 0% to
be paid by the City at large.
SECTION 2. Pursuant to K.S.A. 12-6a14,
said public improvements are hereby autho-
rized to be paid for, inwhole or in part, by the
issuance of general obligation bonds, said
bonds to he issued to reimburse expeditures
made after this date pursuant to Treasury
Regulations.
SECTION 3. Prior Resolution No. E N 1 is
hereby revoked.
SECTION 4. This Resolution shall be pub-
lished one time in the official City newspaper,
and shall also be filed of record in the Office of
the Register of Deeds of Harvey County,
Kansas.
PASSED AND ADOPTED this 10th day of
April, 2001.
Id Grant Scott
Mayor
Ronald R. Ahsmuhs
City Clerk
AUTUMN GLEN -
tw Cw.
232. 33. T23S R1E
Sec 33
T23S. R1E .
SCALE:
BENEFIT OlSTRlCT
I
23-A I I
jw cor.
EC. 33. T23S. RlE

Extension of water line in Autumn Glen Addition, Water District 23-A
amended.

Lot 8, Block 1, Autumn Glen, an Addition to the City of Newton, Harvey County, Kansas
The proposed method of assessment is: each lot in the improvement district to bear equal assessment
100% to be assessed against the improvement district and 0% to be paid by the City at large.
We further request that such improvement be made without notice and hearing as required ic
occurs first.
Signature Address of Residence Im~rovementDistrict Simin~
November 11,2003
The Newton City Commission convened in regular session on November .11, 2003 in the
City Commission room at 201 East 6th Street. Attending were Mayor Heck, Vice Mayor Scott
and Commissioners Loescher, Roberson and Treater. Also attending were City Manager
Heinicke, City Attorney Myers, DPWICity Engineer Loomis, Community Development Director
Johnson, PI0 Kleeman and Deputy Clerk Duerksen.
A moment of silence was taken for the invocation and to remember veterans. The
business.
CONSENT AGENDA
2. Consider the following actions regarding previously approved public improvement

project in Cottonwood Heights Addition:
A. Adopt a Resolution repealing prior Resolution No. 1-999 for Sewer District 35-B.
This Resolution of the Governing Body of the City of Newton, Kansas, repeals prior
Resolution 1-999 and is assigned 1-1004 and is contained in Volume D of Improvement
Resolutions.
B. Adopt an Ordinance repealing prior Ordinance No. 4450-03 for Sewer District
35-B.
This Ordinance repeals Ordinance No. 4450-03 pertaining to the establishment of a

Sewer District for the City of Newton and is assigned Ordinance No. 4468-03 and is contained in
Volume W of Ordinances.
-
3. Autumn Glen Water District 23-A.
A. Receive a petition for water line improvements for Lot 8, Block 1Autumn Glen
Addition.
B. Consider a Resolution finding advisable and authorizing the water line

improvements in Autumn Glen.
This Resolution finds advisable and authorizes the water line improvement in Lot 8,
Block 1, Autumn Glen, an Addition to the City of Newton, Harvey County, Kansas. The
estimated cost of the improvement is $2,582.13 with 100% to be assessed to the improvement
district and 0% to be paid by the City at large. The Resolution is assigned 1-1005 which is
contained in Volume D of Improvement Resolutions.

Novembec 1J ,2003
C. Consider an Ordinance amending prior Ordinance No. 4372-01 to add and
include Lot 8, Block 1 Autumn Glen Addition in Water District 23-A.
This Ordinance amends prior Ordinance 4372-01 creating Water District 23-A in the City
of Newton, Kansas, and repeals original Ordinance No. 4372-01 and is assigned Ordinance No.
4469-03 and is contained in Volume W of Ordinances.
MOTION: Commissioner Roberson moved and Vice Mayor Scott seconded to

approve the Consent Agenda as presented. Motion carried 5-0.
REGULAR AGENDA
4. Citizen's forum.
Barb Lasiter, 522 SE loth, thanked the City workers and contractors for installing the
bridge on S. Kansas Avenue.
Shelly Black, Convention and Visitors Bureau, asked on behalf of CVB Advisory Board
that the Commission consider expanding the CVB board fiom 10 to 11; appoint Pete Anderson
fiom the Newton Recreation Center and Mo Petrocci with Mid America Youth Basketball to
serve vacant terms; to add Mike Tate, Newton factory Outlet Stores, to the board; that the three
motel representatives be allowed to serve as permanent appointments to the advisory board as
long as they are in their current employment capacity; and that the terms expire August 31
instead of April 30 to allow for their program of work to be completed. City Attorney Myers
noted that most of the action requested would take an ordinance change and suggested-the
appointments to the vacant positions be brought up under new business for action.
Terri Belgard, 700 E. 6th,expressed her concern regarding the proposal to put housing in
the Roosevelt school site. The neighbors were told that a park would be developed in this area
and not housing. Staff explained the proposal that was brought to the School Board. The
citizen's surveys that were returned had building new parks at the bottom in priorities. Money
fiom the lot sales at this site could be used for building a smaller park in that area. -This area was
thought to be a good location for the school housing since no new water or sewer lines would be
required. Community Development Director Johnson noted that the lot drawing-someof the
neighbors had seen was only a conceptual drawing and not a final layout. Neighborhood
meetings will be held on this issue.
5. Manager's update.
Mayor Heck gave an update on the Fischer Field Task Force activity. He noted they
*:*
would meet on Wednesday morning. A presentation to the joint governing bodies on
their activities is scheduled for November 17 at 5: 15 p.m. at McKinley. A community
meeting has tentatively been scheduled for December 3.
6 FireEMS participated in an exercise called Oktoberfest 2003 which dealt with a
bioterrorism incident.

Novembq 1.1,2003
*:* HCCOG will meet November 19 and talk about potential cooperative cost savings
programs and legislative issues.
Q The League will hold it's regional supper on November 13 in Wichita.
*: Health Facilities Task Force met Thursday and heard from the Kansas Hospital
Association.
*:* The Public Building Commission held their initial meeting yesterday and established
bylaws and elected officers. They received briefings on projects.
*: The South Kansas pedestrian bridge was completed today.
*: Commissioner Loescher gave an update on the REAP planning session last week. Focus
this coming year from the economic development committee will be to make sure that
the economic development funds are shared equally with South Central Kansas. They
will continue to work on the air fare campaign. The legislative committee will make
water protection a high priority.
6. Consider proposed plan for preparation of employee wage and benefit survey.
At the last Commission meeting, staff was directed to do a study of salary and wages
benefits. Jim Werries, Director of Administrative Services, reported that the City has 174
employees and maintains a classification pay plan and salary schedule. The vast majority of the
employees are between grades 6-15. He then reviewed the benefit package that is offered to
employees. The last wage survey that was done was in 1993 by a consulting firm. In order to
save some money, the survey will be done in house. Werries shared the challenges that will be
involved in completing the survey. Not all cities offer the same services and not all cities have
the same positions. EMS, for example, is usually run by counties and not cities. Some salaries
will need to be compared with the private sector since they would compete locally for jobs.
Other positions require some kind of special certification and professional standings. These
would more likely be in a municipal job market and will be compared to other cities. To
complete this survey will take a great amount of time. Werries noted that year end is the busiest
time of year for municipalities and his office. In order to get the most surveys returned and to
allow for those filling them out to-have adequate time to complete them, he suggested that
information be sent out after the first of the year. . -
Commissioners felt it was more important to do the job correctly than to do .it rapidly.
They were comfortable with not getting information before March and then having a work
session at that time. Consensus of the Commission was to start the project after the first of the
year.
7. Consider the possible advancement of the 2004 City employee COLA increase from
July 1 to January 1.
Commission directed staff to come to the meeting with an analysis of advancing the
annual budgeted cost of living adjustment (COLA) from July to January. City Manager
Heinicke noted that the 3% COLA was approved in the 2004 budget. Typically the COLA's
have not been issued until July in order that management can gauge cash availability and see
what risks might derive from the spring legislative action. If the COLA is moved to January, it
would be 18 months before the next scheduled one.
2 City Commission Minutes

Novembq lJ, 2003
MOTION: Commissioner Treaster moved to advance the 2004 COLA to
January 1''. Commissioner Roberson seconded the motion which canied 5-0.
8. Discuss the possibility of the City hosting (or co-hosting with REAP) a regional
meeting of public water suppliers and area legislators for an update on regional
water supply and water quality issues.
The City Manager and City Attorney recently attended a regional water meeting of
suppliers in south central Kansas. City Attorney Myers noted that he has now received a request
through REAP to host or co-host with REAP a regional water forum pertaining to current water
supply and water quality issues in advance of the upcoming Legislative session. Myers shared
his thoughts for the forum. Those to be invited to the forum would be city and county
government officials in the Equus Beds region, REAP leadership and State Legislators who
represent districts in the Equus Beds region. The purpose of the forum would be to educate and
update attendees on current water supply and water quality issues and provide an opportunity to
interact on possible strategies. Topics to be covered would include the status of science-based,
site-specific lagoon regulations and a survey of various water quality mandates and issues facing
local governments and current initiatives. Some examples of this would include increasingly
stringent drinking water standards, TMDL requirements and regulations, mandates fiom NPDES,
status of Equus Beds pollution problems and remediation efforts, Wichita water recharge project,
and planned Newton initiatives for gray water use in irrigation and wetlands preservation.
Commissioners felt it was important not to be negligent and drop the ball on what has been
gained so far on water issues and that the forum should be held.
MOTION: Vice Mayor Scott moved to direct staff to organize a forum hosted by
the City of Newton and to invite cities within region, legislators and interested
parties to discuss water supply issues in the Equus Beds area. Commissioner
Roberson seconded the motion which carried 5-0.
9. Update on National Pollutant Discharge Elimination System permit.
DPWICity Engineer Loomis reviewed how a consortium was formed .with 12 other cities
to develop standards for NPDES requirements to be submitted to the State. The Notice of Intent
was to be submitted by March 10, 2003 a d to date, the State hasaot acknowledged receipt of
the project. The time clock for complying with different aspects of the project does not start
until the general permit is issued fi-om the State. Loomis noted that many things in the program
will require dollars to be spent and will affect the budgets. Updates will continue to be given on
this issue.
10. Old business.
City Attorney Myers gave an update on three pending lawsuits that have come to a
conclusion. Two lawsuits filed against the City have been dismissed. The City's role in the
other lawsuit was dismissed, but two Police Officers are still subject to the claim.

November M, 2003
DPWICity Engineer Loomis reported the demolition is complete at 523 Old Main. The
contractor will be capping off the sewer by the end of the week.
11 New business.
MOTION: Vice Mayor Scott moved and Commissioner Roberson seconded to

take up the CVB appoints under new business. Motion carried 5-0.
MOTION: Commissioner Roberson moved to accept the appointments of Pete

Anderson and Mo Petrocci to the CVB Advisory Board with terms ending 4-30-
2005. Commissioner Loescher seconded motion carried 5-0.
12. Adjournment.
There being no further business to come before the Commission, the meeting adjourned
at 8:24 p.m.
Mayor
ATTEST:

November lJ, 2003
4%day of
WHEREAS,a Petition was filed with the City Clerk on the - hio\ieta&r ,
2003, proposing the following improvement: construction of a water line extension to serve the
below-described property in Autumn Glen Addition (Water-DiStrictNo. 23-A) setting forth: (a) '
the general nature of the proposed improvement; (b)tke estimated or probable cost; (c) the extent
of the proposed improvement dimict to be assessed;<d) the proposed method of assessment; (e)
12-6aO4, as amended, and
WHEREAS, the Governing Body did on the 1lth day of November, 2003, find such
Petition to be sufficient, NOW THEREFORE, ..... .
. -.. .
.
BE FF RESOLVED BY THE GOVERNING BODY OF THE CITY OF NEWTON,

KANSAS:
SECTION 1. The ~overningBody hereby finds and finally determines that: (a) it is
authorized and ordered to be made in accordance with the findings of the governingbody, to wit:
construction of a water line extension to serve the below-described property in Autumn Glen
Addition (WaterDisthict NO: 23-A); (b) the estimated or probable cost of such improvement is:
$2,582.13; (c) the bomdary of the Improvement district shall be:
. - - -- .
. . . . .
. . to the city of ~ e w t o n~
Lot 8, Block 1, AutumnGlen, an Addition , arvi.
'
.,
County,' Kansas; .- .
. .
large.

authorized to be paid for, in wholeor in part, by the issuance of general obligation bonds;said
Regulations.
and shall also be filed of record in the Office of the Register of Deeds of Harvey County, Kansas.
HARVEY CO?I?ITY, STATE OF KANSAS
the Y d a y of
on Page m-7A
m 4a \ b d' -+u !
~ k ~ i s t of
e rOeeds
PASSED AND ADOPTED this 1 1th day of Novmber, 2003.
Mayor
ATTEST:
. . . . .
..
r . . . .
: .. .: , . - -_ >:.=._
:->
.. . . .. . . ...
.: . --.
. .
City Clerk
STATE OF KANSAS, COUNTY OF HARVEY, ss
Janice Nesser
Being f ~ sduly
t sworn, deposes and says: That she is
Business Director of
- The Newton Kansan

a daily newspaper printed in the State of Kansas, and published in
(First published in THE NEWTON erty in Autumn Glen Addition (Water
KANSAN, November 24,2003.) District No. 23-A); (b) The estimated or and of general circulation in Harvey County, Kansas, and that said
probable cost of such improvement is. newspaper is not a trade, religious or fraternal publication.
RESOLUTION NO. I-1005 $2,582.13; (c) The boundary of t h e
imurovement district shall be:
WHEREAS, A Petition was filed
Lot 8, 'Block 1, Autumn Glen Said newspaper is a daily published at least weekly 50 times a year;
with the City Clerk on the 4th day of
November, 2003, proposing the follow- Addition to the City of Newton, Harvey has been so published continuously and uninterruptedly in said
ing improvement: construction of a 1 County,
' Kansas; county and state for a period of more than five years prior to the
water - extension to serve the below-
..-.. lime
- - -
described property in Autumn' Glen (d) The method of assessment shall first publication of said notice; and has been admitted at the post
Addition (Water District No. 23-A) s e e be: each lot in the improvement district
ting forth: (a) the general nature of the t o bear equal assessment; (e) The office of Newton, Kansas in said County as second class matter.
proposed improvement; (b) the estimat- apportioninent of cost between t h e
ed or probable cost; (c) the extent of the improvement district and the City a t
proposed improvement district to be large shall be: 100% to be assessed That the attached notice is a true copy thereof and was published
assessed; (d) the proposed method of against the improvement district, and in the regular and entire issue of said newspaper for:
assessment: (e) the vmposed apportion- 0% to be paid by the City at large.
ment of cost between h e improvement
district and the City at large; and Q the SECTION 2. Pursuant to &SA. 12- Oneconsecutive weeks, the first publication thereof
request t h a t such improvement be 6a14, said public improvements are
made without notice bf hearing a s hereby authorized to be paid for, in
required by K.S.A. 12-6a04, as amend- whole or in part, by the issuance of gen-
being made as aforesaid on the 24th
ed; and
WHEREAS, the Governing Body did after this date pursuant to Treasury
on the l l t h day of November, 2003,'hd Regulations.
such Petition to be sufficient, NOW day of November 2003, with
THEREFORE, SECTION 3. This Resolution shall
BE IT RESOLVED BY THE GOV- City newspaper and shall also be filed subsequent publications being made on the following dates:
ERNING BODY OF THE CITY OF of record in the Office of the Register of
NEWTON, KANSAS: Deeds of Harvey County, Kansas.
SECTION 1. The Governing Body PASSED AND ADOPTED this l l t h

hereby finds and finally determines day of November, 2003. ,
that:(a) It is advisable to make the fol-

IS/WXis Heck
Mayor -
Subscribed and sworn to before me this *day of
the findings of the governing body, to ATTEST:
sion to serve the below-described prop- IS/Ronald R. Ahsmuhs
My commission expires: October 18. 2004
Printer's Fees $ 104.40

PRELIMINARY ESTIMATE WORKSHEET
Preliminary Estimate of the cost of improvinglconstructing

-
Sanitary Sewer to Serve Autumn Glen Phase 1
Quantity Unit Price -T

Sanitary Sewer Items
SS Pipe 8" 3599 If 35.00 125,965.00
MH, Std 6 ea 4,000.00 24,000.00
MH, Shallow 5 ea 3,500.00 17,500.00
MH, Outside Drop 1 ea 4,000.00 4,000.00
MH, Inside Drop 1 ea 4,000.00 4,000.00
Clean out 1 ea 600.00 600.00
Tee Service 3 ea 2,000.00 6,000.00
Manhole Service I 5 ea 2,000.00 10,000.00
8" Stub 2 'ea 300.00 600.00
Borina 120 If 200.00 24.000.00
l~lowableFill 1 132.7 1 If 1 40.00 1 5.308.00 1
Site Clearing & Restoration 1 I LS 1 5,027.00 1 5,027.00
I I I I
AUTUMN GLEN -
NW Cor.
SEC. 33. T23S. RIE
SCALE:
0
0
0
04/03/01 12:55 FAX 316 684 5100 aIKEC
PETITION FOR ~~~P~?OVEMENTS

PHASE I -
TO: .The Governing Body of
We,the undersigned, being owners of record of property liable for assessment for the following
Construction of Sanitary Sewer Improvements
hereby proposes that such Improvement be made in the manner provided by KS.A. 12-6a04 as
amended.
The estimated or probable cost of such improvement is $ 247,805 (Two Hundred Fortyseven
Thousand Eight Hundred and Five Doflats).
The extent of the proposed lmprovement district to be assessed is:
Lots 1 through 8, Block 1; Lots 1 through 7 and Lots 23'through 26, Block 4;
Lots 1 through 8, Block 5; and Lots Ithrough 17, Block 6
The proposed method of assessment is: Lots 1-8, Block 1; Lots 1-7 and 23-26, Block 4; Lots 1-8,
Block 5; and Lots 1-17, Block 6, shall each pay 1144 of the total cost payable by the improvement
district.
100% to be assessed against the Improvementdistrict and 0% to be paid by the City at farge.
We further request that such Improvementbemade without notice and hearing as required in KSA.
12-6a04 as amended.
commences consideration of this petition or later than seven ('7) days after filing, whichever occurs
first.
Within Proposed Tkne of
Signature Address of Residence Improvement D i i d
V
Ronald J. Harder Block 4; Lots 1-8. Blodc 5; Lots 1-17,
Black 6,Autumn Glen Addition
v~anlceK. Harder
Dafe Filed fdfJO,/

February 27,2001
The Newton City Commission convened in regular session at 7:00 p.m. on February 27, 2001 in
the City Commission room, 201 East 6th Street. Attending were Mayor Harris, Vice Mayor Scott, and
Commissioners Heck and Loescher. Also attending were City Manager Heinicke, City Attorney Myers,
City EngineerDPW Loomis, Director of FinanceICity Clerk Ahsmuhs, Deputy Clerk Duerksen and
Youth Ambassador Garafalo. Commissioner Gaeddert was absent.
Pastor Charles Kaufhann of Golden Plains Free Methodist Churcli, provided the invocation. The
Mayor then led in the Pledge of Allegiance to the US Flag and presided over the items of business.
CONSENT AGENDA:
1. Review minutes of February 13,2001 Commission meeting.
2. Receive Financial reports for January 2001.
3. Autumn Glen subdivision.
A. Receive petitions, plans and specifications for sewer and water lines to serve
Autumn Glen.

sewer lines to serve Sewer District 34-A.
Sewer District 34-A in Autumn Glen subdivision. The property is described as Lots 1
through 8, Block 1; Lots 1 through 7 and Lots 23 through 26, Block 4; Lots 1 though 8,
Block 5, and Lots 1 through 17, Block 6, Autumn Glen, an Addition to the City of
Newton, Harvey County, Kansas. The cost of the improvement is estimated at $171,600
with 100% to be assessed against the improvement district and 0% to be paid by the City
at large. This Resolution is assigned 1-960 and is contained in Volume C of Improvement
Resolutions.
C. Consider an Ordinance creating Sewer District 34-A in Autumn Glen

subdivision.
This Ordinance creates Sewer District 34-A in the City of Newton, Kansas and is
assigned Ordinance No. 437 1-01 and is contained in Volume W of Ordinances.
D. Consider a Resolution finding advisable and authorizing the construction of

water lines to serve Water District 23-A.
Water District 23-A in Autumn Glen subdivision. The property is described as Lots 1
through 7, Block 1; Lots 1 through 7; Block 4; Lots 1 through 8, Block 5; and Lots 1
though 17, Block 6, Autumn Glen, an Addition to the City of Newton, Harvey County,
Kansas. The cost of the improvement is estimated at $100,000 with 100% to be assessed
against the improvement district and 0% to be paid by the City at large. This Resolution
is assigned 1-961 and is contained in Volume C of Improvement Resolutions.

February 27,2001
E. Consider an Ordinance creating Water District 23-A in Autumn Glen.
This Ordinance creates Water District 23-A in the City of Newton, Kansas and is
assigned Ordinance No. 4372-01 and is contained in Volume W of Ordinances.
F. Set date and time to receive bids for sewer and water construction.
The date and time to receive bids is set for March 21,2001 at 10:OO a.m.
G. Approve a contract for engineering services with MKEC.
4. Consider an Ordinance (a joint enactment with the County Commission) directing the filing
in District Court of eminent domain proceedings for acquisition of additional land for the
Newton City-County Airport.
A joint enactment of the Board of County Commissioners of Harvey County, Kansas, and of the
governing body of the City of Newton, Kansas, authorizes and provides for the acquisition of certain
lands located in the Northwest Quarter (NW/4) of Section 12, Township 23 South, Range 1 East of the 6~
P.M., Harvey County, Kansas, be eminent domain, for the purpose of expanding and enhancing the
maintenance and protection of the Newton City-County Airport facilities and is assigned Ordinance No.
4373-0 1 and is contained in Volume W.
MOTION ON CONSENT AGENDA: Commissioner Heck moved and Commissioner

Loescher seconded to approve the Consent Agenda as presented. Motion carried 4-0.
Citizen's Forum of items presented or requested by the public:
There were no persons wishing to speak.
City Manager's Update.

KDOT held a public meeting on the 1-135 construction project. Their start date is 3/12/01 and
completion date is 11/17/01. The major emphasis this year is to reconstruct the Broadway
interchange.
The legislative issues of raising the caps on user fees in the Equus Beds has moved through the
Senate. Also the 9 11 bill has been passed by the House.
Congressman Tiahrt was here on February 20 and met with local governments. Thanks was
expressed to him for help with the airport funds and Sand Creek support.
HCCOG met February 21. Ambulance fuliding was discussed.
The next work session will need to be rescheduled. Commissioners will need to get dates to staff.
The Harvey County Home expo will be held April 28-29 at the Wholesale Fireworks building.
Staff received praise for their work during the last winter storm.
Staff has met with Harvey County on recycling to determine the next steps. The County is
suggesting one day a month to pick up magazines and not newspapers. This might be a subject
for a joint meeting with the County.
The countywide wellhead protection group has been appointed. The group will study each well
to see what threats might exist in the field.
Severe Weather Awareness Week is March 12-16 . A tornado drill will be held March 13 at 10:OO
a.m. with a backup date of March 15 at 10:OO a.m.
Concerns have been expressed regarding the application of sludge into the ground after a news
story was aired on TV. The EPA requires Newton to apply sludge. Each liquid load is tested

February 27,2001
City EngineerDPW Loomis provided, in the packets, a letter that went out in water bills
regarding the survey results on recycling. Additional letters will be sent answering some of the
questions customers posed;
Mayor Harris questioned if the signage for engine compression brake signs was effective. He is
still receiving a number of complaints. City EngineerIDPW Loomis responded that Chief Daily is going
to try to do some enforcement. Also the signs will be enlarged on the interstate. It was suggested that
something be put on the bulletin board at the truck stop stating that there will be enforcement of the
Ordinance.
14. New Business.
There was no new business.
15. Adjournment.
There being no further business to come before the Commission, the meeting was adjourned at
8:15 p.m.
ATTEST:
City Clerk .

Febmay 27,2001
RESOL,UTIONNO. 1-962
WHEREAS, a Petition was filed with the City Clerk on the 4th day of A p t i l
200 1, proposing the following improvement: construction of a sanitary sewer line extension to ,.
serve the below-described propexty in Autumn Glen Addition ( k ~ w k r ~ i m iNo.
c t 34-A) setting
forth: (a) the general nature of the proposed-improvement; (b) the estirhated.orprobable cost; (c)
the extent of the improvement district to be assessed<(d)th~prbpobedmethod o f ' .
assessment; (e) the proposed apportionment of cost between the imp~ovementdistrictand the
City at large; and (f) the request that such improvement be made &t&&56.iciofhearing as.
WHEREAS,'the Governing Body didon the 10th day of April, 2001, find such Petition to
- . be sufficient, NOW THEREFORE,
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF NEWTON,

KANSAS:
-
construction of a sanitary sewer line extension to serve the below-described property in Autumn , -
Glen Addition (Sewer District No. 34-A); (b) the estimated or probable cost of such
Lots 1 through 8, Block 1; Lots 1 through 7 and Lots 23 through 26, Block
4; Lots 1 through 8, Block 5; and Lot 1 through 17, Block 6, kutumn
Glen, an Addition to the City of Newton, Harvey County, Kansas;
(d) the method of assessment shall be: each lot in the improveme~tdisfrict to bear equal
large. -
SECTION 2. Pursuant to K.S.A. 12-6a14, said public improvements.are hereby
bonds to be issued to reimburse expenditures made after this date pur~uanttoTreasury
Regulations.
Res. I-96Q
Sanitary Sewer - Autumn Glen
PASS ED AND ADOPTED this. 10th day of April, 200 i.
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972246
&y$km' COIJMTI, STATE OF f(J'.:-' i
FE.?'!g
C This insiiumzn! x s filed ;or rec:;?
STATE OF KANSAS, COUNTY OF HARVEY ss
Dennis R. Garrison
(First published in THE NEWTON being first duly sworn, deposes and says: That he is Advertising
KANSAN, May 4,2001.) Manager of
RESOLUTION NO. 1-962 The Newton Kansan
WHEREAS,a Petition was fied with the in andlof general circulation in Harvey County, Kansas, with gen-
City Clerk on the 4th day of April, 2001, eral aid circulation on a dail basis in Harvey Count Kansas,
proposing the following improvement: eon- ?nd fiat said newspaper is noya trade, religious or frakrnal pub-
stmction of a sanitary sewer line extension to I~catlon.
serve the below-describedproperty in Autumn
Glen Addition (Sewer District No. 34-A) set- Said newspaper is a dail published at least weekly 50
ting forth: (a) the general nature of the pro- times a year; has been so publisied continuously and uninter-
posed improvement; (b)the estimated or prob- ruptedly In said coun), and state for a period of more than five
able cost; (c) the extent of the proposed years prior to the firs#ublication of sa~dnotice; and has been
improvement district to be assessed, (dl the adm~ttedat the post o Ice of Newton, Kansas In sa~dCounty as
proposed method of assessment; (e) the pro- second class matter.
posed apportionment of cost between the
improvement district and the City at large;
and (0the request that such improvementsbe That the attached notice is a true copy thereof and
made without notice of hearing a s required by was publ~shedIn the regular and entlre Issue of sa~dnewspaper
K.S.A. 12-6a04, as mended; and
WHEREAS, the Governing Body did on
the 10th day ofApril, 2001, fmd such Petition
I to be sufficient, NOW THERETORE, thereof being made as aforesaid on the 4th
BE 4 R E S O L ~ DBY THE GOVERN- Day of May , 2001, with
ING BODY OF THE CITY OF NEWTON, ' subsequent publications being made on the following dates:
KANSAS:
SECTION 1.The Governing Body hereby
fmds and fmally determines thdt: (a) it is
advisable to make the following improvement,
and the following improvement is hereby
authorized and ordered to be made in accor-
dance with the fmdings of the govemkg body,
to wit: construction of a sanitary sewer line
extension to serve the below-described prop
erty in Autumn Glen Addition (Sewer District
No. 34A); (b) the estimated or probable cost of
such imp-ovement is: $247,805.00; (c) the
boundary of the improvement diitrict shall
be: Subscribed and sworn to before me this 7th day of
Lots 1through 8, Block 1; Lots 1through May ,2001 .n
7' m d Lots 29. tfrrougk 26;. Block 4; Lots' 1
through 8, Block 5; and Lot 1 through 17,
Block 6, Autumri Glen, adAddition to the City
of Newton, Harvey County, IEansas;
(d) the method oiassessment shall be: each lot My commission expires: October 18. 2004
in the improvement district to bear equal
assessment; (e) the apportionment of cost Printer's Fees $ 95.40 res.no. 1-962
between the improvement district and the
City a t large shall be: 100% to be assessed
against the improvement district, and 0% to
be paid by the City t large.
, said
SECTION 2. Pursuant to K S . k 12-6a14,
improvements are hereby autho-
%
. public
\ mzed to be paid for, in whole or in part, by the
issuance of general obligation bonds, said
'bonds to be issued to reimburse expenditures
made after this date pursuant to Treasury
Regulaticns.
SECTION 3. ~ r hResolution
r No. 1-960 is
hereby revoked.
SECTION 4. This Resolution shall be pub-
lished one time in the official City newspaper,
and shall also be filed of record in the Ofice of
' the Register of Deeds of Harvey County,
Kansas.
-PASSEDAND ADOPTED this 10th day of
April, 2001.
Id Grant Scott
Mayor
ATTEST:
Ronald R. qhsmuhs
City Clerk
Paving, Phase I
ITEM UNIT
NO. PRICE
1 Concrete Pavement 6" 6873 SY 30.00 $2O6,l9O.OO
2 RCVG Pavement 7" 318 SY 35.00 $1 l,l3O.OO
3 7" Conc. Pvmt. Hookup 202 SY 35.00 $7,070.00
4 Standard C & G Type I 2542 LF 8.00 $20,336.00
5 Standard C & G Type lllA 1501 LF 8.00 $12,008.00
6 Standard C & G Median 277 LF 8.00 $2,216.00
7 Mono Edge Curb ( 6 5/8"& 1 ?4") 186 LF 3.00 $558.00
8 Inlet Hookup 4 EA 250.00 $1,000.00
9 Site Clearing & Restoration 1 LS l5OOO.OO $15,000.00
10 4" PVC Sleeves 54 LF 10.00 $540.00
11 Seeding 1 LS l3OOO.OO $13,000.00
12 Street Signage 1 LS 1000.00 $1,000.00
Sub-Total $290,048.00
35% Engineering, Admin. Publication, Legal, Etc. $101,516.80
Total $391,564.80
Petition Amount $392,000.00
PAVING & INCIDENTAL STORM SEWER PLANS
I M E S E ORAMNCS. HA-
4CCOROANCE HIM C I N
I A L n c CMICREE PAM-
AUTUMN GLEN ADDITION - PHASE I
)R PRESERWNG PROPERM
I TO RE-ESTABLISH ANY
DESTROYED BY HIS CON- CITY OF NEWTON, KANSAS
. EiE RE-ESTABUSHED BY N 1 / 4 Cor.
E HM S T A E LAWS.
N W Cor. SUZANNE LOOMIS, CITY ENGINEER SEC. 33. T23S, R I E
i S H O W ON M E PLANS
N E FOR DESIGN. LOCA-
P SEC. 33. T23S. R l E
IOU M E VARIOUS UTILITY
( RECORD ORAHNGS OR
PLAN LOCATIONS S H O W
:unun~sMAY ALY) BE
1OE A MINIMUM ADVANCE

J n L l W COMPANIES PRIOR
1-800-344-7233
,70 (LOCM HCHITA)
NC I N CASE OF AN
T23S. R l E
'
10 FEET IN CURB dr C U T E R
.S PER NEWTON STANDARD
UCnON SHALL MEET OR

EUFlCATIMIS.
j HIM TEUPCXARY ACCESS
SCALE: 1'=150'
i DEKLWER. NO IRCE OF A N Y
CEN OENOEO o n m n w . TIIE
IVAL H n t n l E a n or NEWON
3 M D W A U BE IRlMUEO XIM A
FOR SUCH OPERATIONS. KNOWING
SlMlLM3 UAfl!!NEs IUQI I
I -atad
05/17/01 10:27 FAX 316 684 5100 MKEC

We, the undersigned, being owners of record of property liab e for assessment for the following
6" reinforced concrete pavement shall be constructed n, Autumn Glen Parkway from the
east line of South Kansas Avenue to the east line of 1 ot 7, Block I,Autumn Glen Court;
from the north line of Autumn Glen Parkway to cul-de-:iac serving Lots Ithrough 6, Block
1; Autumn Glen Court from the south line of Autumn Cilen Parkway to cul-de-sac serving
Lots 1 through 17, Block 6; and Autumn Ridge froln the south line of Autumn Glen
Parkway to the south line of Lots 8, Block 5.
hereby proposes that such lmprovement be made in the man ier provided by K.S.A. 12-6a04 as
amended.
The estimated or probable cost of such improvement is $~92,000.00(Three Hundred Ninety

Two Thousand Dollars).
The extent of the proposed Improwment district to be assess 2d is:
Lots Ithrough 7, Block 1; Lots 1 throu~h 7, Block 4;

Lots 1 through 8, Block 5; and Lots 1 thro .~gh17, Block 6
The proposed method of assessment is: Lots 1-7, Block 1; L,ts 1-7, Block I;Lots 1-8; Block 5; ,
and Lots 1-17, Block 6, shall each pay 1/39 of the total cost payable by the improvement district. 4,
',3
!?
The proposed apportionment of cost between the improvernt?ntdistrict and the City at large is: /7
100% to be assessed against the Impromment district and 09 '0 to be paid bythe City at large.
We further request that such lmprovement be made withoul notice and hearing as required in
We understand that names may not be withdrawn from thi:; petition after the governing body
commences consideration of this petition or later than sev ?n (7) days af&erfiling, whichever
occurs first.
, Property Owl ed Date and
Within Propc sed Time of
Signature Address of Residence Improvemen' District
Ronald J. Harder Lots 1-8, BI ~k 5; Lots 1-17, Block 6

Autumn Glc n Addition
May 22,2001
The Newton City Commission convened in regular session at 7:00 p.m. on May 22,2001
in the City Commission room at 201 East 6mStreet. Attending were Mayor Scott, Vice Mayor
Roberson, and Commissioners Harris, and Loescher. Also attending were City Manager
Ahsmuhs and Deputy Clerk Duerksen. Commissioner Heck was going to be late.
Pastor Jim Anderson of the First Presbyterian Church provided the invocation. The
business.
Consent Agenda
1 Review minutes of May 8,2001 and May 15,2001 Commission meetings.
2. Receive Financial Reports for April 2001.
3. Autumn Glen Subdivision
A. Receive petitions, plans and specifications for curb and gutter and
drainage to serve Autumn Glen subdivision.
B. Consider Resolutions finding advisable and authorizing the construction

of curb and gutter and drainage.
These Resolutions find advisable and authorize the funding for the extension of
street pavement, curb and gutter in Autumn Glen and Autumn Glen Parkway and
for construction of drainage improvements. The property for the street
improvement is described as: Lots 1 through 7 of Block 7; Lots 1 through 7 of
Block 4; Lots 1 through 8 of Block 5; and Lots 1 through 17 of Block 6; all in
Autumn Glen an Addition to the City of Newton, Harvey County, Kansas. The
estimated cost of the improvement is $392,000.00 with 100% to be assessed to
against the improvement district and 0% to be paid by the City at large. The
property for the drainage improvement is described as: Lots 1 though 8 of Block
1; Lots 1 through 22 of Block 2; Lots 1 through 34 of Block 3; Lots 1 through 26
of Block 4; Lots 1 through 15 of Block 5; and Lots 1 through 17 of Block 6; all in
Autumn Glen, an Addition to the City of Newton, Harvey County, Kansas. The
estimated cost of the project is $350,000.00 with 100% to be assessed to the
improvement district. The Resolutions are assigned 1-964 (streets) and 1-965
(drainage) and are contained in Volume C of Improvement Resolutions.
C. Set date and time to receive bids (June 8 @ 10:00 a.m. is suggested).
D. Approve a contract for engineering services with MKEC.
3d. City Manager's appointments.

May 22,2001
City Attorney Myers reported on Millienum Machine and Tool's tax abatement. They
had an opportunity to purchase a substantial piece of equipment ($67,000) to add to their project.
This would also allow for additional jobs to be added. That additional equipment is a 42%
increase to the figures previously presented. Myers questioned if Millennium Machine & Tool
needed to come and report to the Commission on the expanding project or wait to the end and
hope to get the equipment added into the project. The EDC has updated figures and there is no
change in the payback period to any of the entities. He suggested that some guidelineslpolicies
need to be developed for incidents such as this. Commissioners thought the way it was handled
at this meeting was a good way to do it and if anything changes to let the Commission know.
Commissioner Harris thought this was an exciting side of the abatement process.
Commissioner Harris commended those involved with the Law Enforcement Center open
house. He felt it was a good example of entities working together.
12. New Business.
Commissioner Harris announced that REAP will be hosting an economic development

summit on June 21 from 8:00 a.m. to noon at WSU Student Center. This summit is for economic
development agencies, chambers and cities to get together to discuss utilities, job creation and
lack of sufficient air service in the area.
13. Adjournment.
at 8:45 p.m.

May 22,2001
WHEREAS, A Petition was filed with the City Clerk on the 16cm day of f i L
- +
200 1, proposing the following improvement: Extension of street pavement, curb an gutter in
Autumn Glen Addition on Autumn Glen Parkway from the East line of South Kansas Avenue to
the East line of Lot 7, Block 1 of said Addition, and on Autumn Glen Court from the North line
of Autumn Glen Parkway as a cul-de-sac serving. Lots 1 through 6, Block 1 of said Addition, on
Autumn Glen Court from the South line of Autumn Glen Parkway as a cul-de-sac serving Lots 1
through 17, Block 6 of said Addition, and on Autumn Ridge f?om the South line of Autpmn Glen
Parkway to the South line of Lot 8, Block 5 of said Addition, setting forth: (a) the general nature
of the proposed improvement; (b) the estimated or probable cost; (c) the extent of the proposed
improvement district to be assessed; (d) the proposed method of assessment; (e) the proposed
apportionment of cost between the improvement district and the City at large; and (f) the request
that such improvement be made without notice of heating as required byK3.A. 12-6a04, as
amended; and - - --
WHEREAS, the Governing Body did on the 22nd day of May 2001, find such Petition to
be sufficient, NOW, THEREFORE,
BE IT ORD-D BY THE G O V E m G BODY OF THE CITY OF NEWTON,

- KANSAS: - *
Extension of street pavement, curb and gutter in Autumn Glen Addition on Autumn Glen
- Parkway from the E d line of ~ & t h Kansas Avenue to the East line of Lot 7, Block 1 of said
Addition, and on Autumn Glen Court fiom the North line of Autumn Glen Parkway as a cul-de-
sac serving Lots 1 through 6, Block 1 of said Addition, on Autumn Glen Court from the South
-
line of Autumn Glen Parkway as a cul-de-sac senring Lots 1 through 17, Block 6 of said
Addition, and on Autumn Ridge fiom the South line of Autumn Glen Parkway to the South line
of Lot 8, BIock 5 of said Addition; (b) the estimated or probable cost of such improvement is:
Lots 1 through 7 of Block 1; Lots 1 through 7 of Block 4; Lots 1 through 8

of Block 5; and Lots 1 through-17of Block 6; all in Autumn Glen, an
Addition to the City of Newton, Harvey County, Kansas;
..
(d) the method of assessment shall be: each lot in the Improvement district to bear equal .
large.

I=:964 S t r e e t s - Autumn Glen S u b d i v i s i o n

Regulations.
SECTION 3. This Resolution shall be published one time in the officid City newspaper
PASSED AND ADOPTED this 22nd day of May, 200 1. - -

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' Dennis R. Garrison
I
being first duly sworn, deposes and says: That he is Advertising
Manager of
(First published in THE NEWTON KANSAN, May 26,2001.)
' The Newton Kansan
RESOLUTION NO. 1-964 a dail newspaper printed in the State of Kansas, and published
'
in and'of general circulation in Harvey County, Kansas, with gen-
WHEREAS, A Petition was filed with the City Clerk on the 18th day of May, 2001, eral aid circulation on a daily basis in Harvey Count Kansas,
proposing the following improvement: Extension of street pavement, curb and gutter in and &at said newspaper is not a trade, religious or fra&rnal pub-
Autumn Glen Addition on Autumn Glen Parkway from the East line of South Kansas Avenue ' lication.
to the East line of Lot 7, Block 1of said Addition, and on Autumn Glen Court from the North
line of Autumn Glen Parkway as a cul-de-sac serving Lots 1 through 6, Block 1 of said Said newspaper is a dail published at least weekly 50
~ d d i t i no, n ~ u h l m nGlen C o d from the South line ofAutumn Glen Parkway as a cul-de-sac times a year; has been so publisxed continuously and uninter-
serving Lots 1through 17, Block 6 of saidAddition, and on Autumn Ridge from the South line ruptedly In said Count and state for a period of more than five
of Autumn Glen Parkway to the South line of Lot 8, Block 5 of said Addition, settiig forth (a) Years prior to the flrs$ublicatlon of sa~dnotice; and has been
the general nature of the proposed improvement; (b) the estimated or probable cost; (c) the admitted at the post 0 Ice of Newton, Kansas In said County as
extent of the proposed improvement district to be assessed; (d) the proposed method of assess- class matter.
ment; (e) the propoked apportionment of cost between the improvement district and the City
at large; and (0 the request that such improvement be made without notice of hearing as That the attached notice is a true copy thereof and
required by K.S.A. 12-6a04, as amended; and was published in the regular and entire issue of said newspaper
WHEREAS, the Governing Body did on the 22nd day of May 2001, f i d such Pet~tionto for- C O ~ S ~ C L weeks,
J ~ ~ V ~the first publication
thereof being made as aforesaid on the a
BE ITORDAINED BY THE GOVERNING BODY OF THE CITY OF NEWTON,
KANSAS:
.. . - ,. . ., ..
, ,-, . ..- . - . ., . Day of M ~ Y , 2001, with
' ' SECTION-1. he Govehing Body her'eby finds and finally determines t h a t (a) it is
advisable to make the followingimprovement, and the followingimprovement is hereby autho-
rized and ordered to be made in accordance with the fmdings of the gove-ning body, to wit:
Extension of street aavement. curb and mtter in Autumn Glen Addition on Autumn Glen
Parkwai fiom the East line of south ~ a n ~Avenuea s to the East line of Lot 7, Block 1of said
Addition, and on Autumn Glen Court from the North line of Autumn Glen Parkway as a cul-
de-sac s&hg Lots 1through 6, Block l of said Addition, on Autumn Glen CO& &om the
Squth line ofAutumn Glen Parkway as a cul-de-sacserving Lots 1through 17, Block 6 of said
Addition, and on Autumn =dge from the South line ofAutumn Glen Parkway to the South line
of Lot 8, Block 5 of said Addition; (b) the estimated or probable cost of such improvement is:
Lots 1thmugh 7 of Block 1;Lots 1through 7 of Block 4; Lots 1through 8 of Block 5; and Subscribed and sworn to before me this 30th day of
Lots 1though 17 of Block 6; all in Autumn Glen, an Addition to the City of Newton, Harvey
county, Kansas; May
assessment; (e) the apportionment of cost between the improvement district and the City at
large shall be: 100%to be assessed against the improvement district, and 0% to be paid by the
City a t large. My commission expires: October 18. 2004
SECTION 2. Pursuant to KS.L 12-6a14, said public improvements are hereby autho-
rized to be paid for, in whole or in part, by the issuance of general obligationbonds, said bonds Printer's Fees $ 140.00 res 1-964
I
to be issued to reimburse expenditures made after this date p d u a n t to Treasury Regulations.
and shall also be filed of record in the Ofice of the Register of Deeds of Harvey County, Kansas.
PASSED AND ADOFTED this 22nd day of May, 2001

/dH. Grant Swtt
Mayor
ATTEST:
City Clerk
AUTUMN GLEN ADDITIOI I
Drainage, Phase I
ITEM DESCRIPTION QUANTITY L~

NO. .
Paving Items
1 1 Concrete Sidewalk (4") 10502 1 SF I I 2.60 1 $27302.60
Earthwork ltems
2 Excavating 46090 2Y 1 2.00 92180.00
3 Compacted Fill (95% Density) 13200 2Y 1.OO 13200.00
4 Ditch Grading 2037 LF 4.00 8148.00
Alt. # I
5 1 Clav Laver bond) 4500 1 2Y
General Items
6 ( Silt Fence 2900 1 LF I 2.00 1 5800.00
7 1 Erosion Mat (2-125 275 1 3Y 1 10.00 1 2750.00
8 Site Clearing & Restoration 1 21000.00 21000.00
9 Utility Pole Relocate I 5000.00 5000.00
10 Bridae Abutment 4 A
, 400.00 1600.00
Seeding ltems
11 I Seeding 11 LS I 5000.00 1 5000.00
I Drainaae ltems
Contingency
TOTAL $348,389.81
Petition Amount: Round to $350,000.00
Construction of Drainage Improvements
hereby proposes that such lmprovement be made in the manner provided by K.S.A. 12-6a04 as
amended.
The estimated or probable cost of such improvement is $ 360,000.00 (Three Hundred Sixty
Thousand Dollars).
Lots 1 through 8, Block 1; Lots Ithrough 22, Block 2; Lots Ithrough 34, Block 3;
And Lots 1 through 17, Block 6
The proposed method of assessment is: Lots 1-8, Block 1; Lots 1-22, Block 2; Lots 1-33, Block
3; Lots 1-26, Block 4; Lots 1-15, Block 5 ; and Lots 1-17, Block 6, shall each pay 11131 of the
total cost payable by the improvement district. Lots 34, Block 3 shall pay 101131 of the total
cost payable by the improvement district.
100% to be assessed against the lmprovement district and 0% to be paid by the City at large.
We further request that such lmprovement be made without notice and hearing as required in
occurs first.
Signature Address of Residence Improvement District
Signing
Lots 1-8, Block 1; Lots 1-22, Block 2

Lots 1-34, Block 3; Lots 1-26, Block 4;
Lots 1-15, Block 5;Lots 1-17, Block 6,
Autumn Glen Addition
n I
Date Filed 6-W--O/

June 26,2001
The Newton City Commission convened in regular session at 7:00 p.m. on June 26,2001
in the City Commission room at 201 East 6h Street. Attending were Mayor Scott, Vice Mayor
Roberson, and Commissioners Harris, Heck and Loescher. Also attending were City Manager
Ahsmuhs and Deputy Clerk Duerksen.
Pastor Jim Voth of Grace Hill Mennonite Church provided the invocation. The Mayor
CONSENT AGENDA
1. Review minutes of June 12,2001 Commission meeting.
2. Receive financial reports for May 2001.
3. Receive a revised petition for drainage in Autumn Glen and consider a

Resolution authorizing and finding the drainage improvement advisable.
This Resolution finds advisable and authorizes the construction of drainage

improvements. The property for the drainage improvement is described as: Lots 1though
8 of Block 1; Lots 1through 22 of Block 2; Lots 1through 34 of Block 3; Lots 1through
26 of Block 4; Lots 1 through 15 of Block 5; and Lots 1 through 17 of Block 6; all in
Autumn Glen, an Addition to the City of Newton, Harvey County, Kansas. The
estimated cost of the project is $360,000.00 with 100% to be assessed to the improvement
district. This Resolution is assigned 1-966 and is contained in Volume C of Improvement
Resolutions.
4. Consider an Ordinance adopting the 2001 edition of the Standard Traffic

Ordinance.
This Ordinance amends Section 21-101 of the Code of the City of Newton, Kansas to
adopt the 2001 Edition of the of the Standard Traffic Ordinance for Kansas cities and
certain amendments thereto; and repeals Section 21-101 of the Code of the City of
Newton, Kansas as previously amended by Ordinance No. 4355-00; and repeals
Ordinance 4355-00 and is assigned No. 4380-01 and is contained in Volume W of
Ordinances.
5. Consider an Ordinance adopting the 2001 edition of the Uniform Public Offense
Code.
This Ordinance amends Section 17-101 of the Code of the City of Newton, Kansas to
adopt the 2001 Edition of the Uniform Public Offense Code for cities and certain
amendments thereto; and repeals Section 17-101 of the Code of the City of Newton,

SBP/ 2,2001
3w 2b
Ray Penner commented the Board voted in favor of the proposal at their last meeting
spending up to $15,000 to do the level one environmental study. There are no other industrial
places within the City that are ready right now.
Loescher questioned after a property is sold if the CDBG funds would have to go back
into the CDBG pool. He was informed yes. The City will get their money back from the sale of
the land.
MOTION: Commissioner Loescher moved and Commissioner Harris seconded

to approve staff to proceed with the purchase of the Newton Industrial Park.
Motion carried 5-0.
City EngineerDPW Loomis commented that information was provided in

Commissioner's packets on recycling violations statistics. She also shared before and after
pictures of the traffic light signal replacements.
Commissioner Harris reported on the REAP economic summit. Over 100 people were in
attendance. Three issues were looked at that hurt economic development in the areas:
Electricity rates and its availability; labor force and its training base; and air service. Currently
the seven counties that make up REAP have 41% of the States manufacturing jobs and have
25% of the population and 45% of the income generated from manufacturing jobs.
17. New Business.
City EngineerDPW Loornis reported information on a drainage issue was not complete
on a commercial development in town prior to the Commission granting the rezoning of the area.
Before any building can proceed, a full drainage study is now required to be done.
Commissioner Harris questioned what the City policy is on non-profit organizations

selling concessions at softball games. He was informed currently the NRC handles the
concession contract. Harris thought this item needed to be discussed at a future meeting.
18. Adjournment.
at 9:25 p.m.
ATTEST:
City Clerk

&dl+!, 2001
- h c 34
WHEREAS, A Petition was filed with the City Clerk on the 2 1st day of June, 2001,
proposing the foilowing improvement: construction of drainage improvements in Autumn Glen
Addition setting forth: (a) the general nature of the proposed improvement; (b) the estimated or
probable cost; (c) the extent of the proposed improvement district to be assessed; (d) the
proposed method of assessment; (e) the proposed apportionment of cost between the
improvement district and the City at large; and (f) the request that such improvement be made
without notice of hearing as required by K.S.A. 12-6a04, as amended;-and .. =
- .
WHEREAS, the Governing Body did on the 26th day of June 2001, find such Petition to
I BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF NEWTON,

KANSAS:
I
advisable to make the following improvement, and the following irhprovement is hereby
authorized and ordered to be made in accordance with the 'findings of the governing body, to wit:
construction of drainage improvements in Autumn Glen Addition; (b) the estimated or probable
cost of such improvement is $360,000.00; (c) the boundary of the improvement district shall be:
/
Lots 1through 8, Block 1; Lots 1through 22, Block 2; Lots 1through 34, - -
Block 3; Lots 1through 26, Block 4; Lots 1through 15, Block 5; and Lots
1 through 17, Block 6; all in Autumn Glen, an Addition to the City of -
Newton, Haryey County, Kansas;
(d) the method of assessment shall be: each lot in the improvement district, except Lot 34 of -
Block 3, shall bear equal assessment equal to 1/131 each of the to-tal cost payable by the
improvement district, and Lot 34 of Block 3 shall bear 101131 of the total cost payable by ihe
improvement district; (e) the apportionment of cost between the improvement district and the
City at large shall -be: 100% to be assessed against the improvement district, and 0% to be paid
I
I SECTION 2. Pursuant to K.S.A. 12-6a14, said public improvements are hereby
authorized to be paid for, in whole or in pa~3,by the issuance of general obligation bonds, said
bonds to be issued to reimburse expenditures made after this date pursuant to Treasury a
Regulations.
I 1-966
Autumn Glen
Revised Drainage
PASSED AND ADOPTED this 26th day of rimej2001. .
ATTEST:
(First published in THE NEWTON KANSAN, June 29,2001.)
.RESOLUTIONNO. 1-966 Dennis R. Garrison
WHEREAS, A Petition was filed with the City Clerk on the 21st day of June, 2001,
Manager of
proposing the following improvement: construction of drainage improvements in Autumn Glen The Newton Kansan
Addition setting forth: (a) the general nature of the proposed improvement; (b)the estimated a dail newspaper printed in the State of Kansas, and published
or probable cost; (c)the extent of the proposed improvement district to be assessed; (d) the prc- In andlof general circulation in Harvey County, Kansas, with gen-
posed method of assessment; (el the proposed apportionment of cost between the improvement eral paid circulation on a daily basis in Harvey Count Kansas,
district and the City a t large; and (0 the request that such improvemenr be made without and!hat said newspaper is not a trade, religious or frakrnal pub-
notice of hearing as required by K S . k 12-6a04,as amended; and licatlon.
WHEREAS, the GoverningBody did on the 26th day of June 2001, fmd such Petition to Said newspaper is a dail published at least weekly 50
be sufficient, NOW, THEREFORE, times a yeac has been so publis%edcontinuously and uninter-
ruptedly In said county and state for a period of more than five
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF NEWTON, years prior to the first ublication of sa~dnotice; and has been
KANSAS: .. admitted at the post offfce of Newton, Kansas in said County as
second class matter.
SECTION 1. The Governing Body hereby finds and finally determines thatwa) it is
advisable to make the following improvement, and the following improvement is hereby autho- That th.e attached notice is a true copy thereof and
rized and ordered to be made in accordance with the findings of the governing body, to wit: con- was publrshed In the regular and ent~reissue of sa~dnewspaper
stmction of drainage improvements in Autumn Glen Addition; (b) the estimated or probable
cost of such $provemerit is $360,000.00; (c) the boundary of the improvement district shall be: for One consecutive weeks, the first publication
Lots 1through 8, Block 1;Lots 1through 22, Block 2; Lots 1through 34, Block 3; Lots 1 thereof being made as aforesaid on the 79th
through 26, Block 4; Lots 1through 15, Biock 5; and t o t s 1though 17, Block 6; all in Autumn
Glen, an Addit~onto the City of Newton, Harvey County, Kansas; Day of June , 2001, with
(dl the method of assessment shag be: eachlot,in;tbe+imprbvem&t &st&, except Lot 34 of
@%&,:'$&$ h e , ~ r g ~ @ ~ ~Fpp$,
. y ~ $9=q d h l/l3l:i?rrcb 6E.the.itbt81 cost payable-by the
impr036m%f.&f h c t , .and let 34 of gl'Gk 3 shall Eaf rl.OIl3l.6f'th'~i 'tijta:I?&t payable bjr the
improvement dish&;'(e>'tlie apportioqhent of cost between the impiovement district and the
City a t large shall be: lQO% to be assessed against the improvemen~district,and 0% to be paid
SECTION 2. Pursuant to K.S.k 12-6a14, said public improvements are hereby autho-
rized to be iaid for, in whole or in part, by the issuance of general obligation bonds, said bonds
to be issued to reimburse expenditures made after thisdate pursuant to Treasury Regulations.
SECTION 3. Prior Resolution No., 1-965 is hereby revoked.

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SECTION 4. This ~esol&ionshall be pubkshed one time in the offidal City newspaper
and shall also be filed of record in the Ofice of tee Register of Deeds of Harvey County, Kansas.
PASSED AND ADOPTED this 26th day of June, 2001.

I ";
H. Grant Scott
Mayor.
n
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Subscribed and sworn to before me this
My commission expires:
Notary Public
October 18. 2004

30th day of
4WES!P I
Printer's Fees $ 132.50 res 1-966
ionald R. Ahsmuhs ., , \:y
Zity Clerk r
CITY OF NEWTON, KANSAS .
FEASIBILITY REPORT
Date: August 7,2001

ProjectNo. OlSS000009 (114)
TO: Governing Body

City of Newton
Newton, Kansas
Gentlemen:
A. General Nature of Project: Sanitary Sewer Extension Proiect for Weber Addition at SE Comer 3tjth
and Kansas Ave.
C. Improvement District: Lots 1.2 and 3, Block 1, Weber Addition
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D. Method Assessment: Per Lot
City at Large . 0 % Est. Total $ 0
1 Estimated Total Cost 100 % $ 16.891.99
/ F. Recommendations:
THE CITY OF NEWTON
\ c&,)Engineer I
A POR77ON OF M E NORMWST QUARTER OF SECUON 4, TOWSHIP 24 SOUM, RANGE I EAST
OF ME 6 M PRINCIPAL MERIDIAN IN M E CITY OF NEWTON, HARMY COUNW KANSAS.
SURVEYOR
Vicinity Map

?t
We, the undersigned, being owners of record of properly llabfe for assessment for the following
- - for Weber Addition at SE Comer
Scnitary Sewer Extension project
36th anb Kansas Avenue
hereby Propose that such lmprovement be made In the manner provided by K . S . A . ' I ~ - ~ ~as
O~
amended.
The estlmated or probable cost of such improvement Is $ 16,891.99

The extent of the proposed improvement district to be assessed Is:
Lots 1,2 and 3, Block 1, Weber Addition
The proposed method of assessment is: each lot to bear equal assessment
The proposed apportionment of cost between the improvement district and the City at large Is:
100 % to be assessed against the improvement district and 0 % to be
paid by the City at large.
We .further request that such lmprovement be made without notlce and hearing as requlred in
K.S.A: 12-Ba04 as amended.
We understand that names may not be withdrawn from thls petltlon after the Qovernlngbody
commences consideration of thls petition or later than seven (7.)days after filing, whichever
occurs flrst.
Property Owned Dale and
Wllhln Proposed Time of
Irn~rov~trlcl Slsnlnq
CITY COMMISISON MINUTES
August 14,2001
The Newton City Commission convened in regular session at 7:00 p.m. on August 14,
2001 in the City Commission room at 201 East 6' Street. Attending were Mayor Scott, Vice
Manager Heinicke, City Attorney Myers, City EngineerDPW Loomis, Director of FinanceICity
Clerk Ahsmuhs and Deputy Clerk Duerksen.
Rev. Verney Unruh, retired minister, provided the invocation. The Mayor led in the
Pledge of Allegiance to the US Flag and presided over the items of business.
CONSENT AGENDA
1. Review minutes of July 24,2001 Commission meeting.

2. Mayor's Appointments- Roger Gillispie to CVB, term ending 4-30-2003.
Addition to.agenda: Regional Solid Waste Management Committee- Ken horst, Mark
Trower, Dr. William Beck, Rita Flickenger, Randy Jackson
MOTION ON CONSENT AGENDA: Commissioner Heck moved and Vice

Mayor Roberson seconded to approve the amended consent agenda. Motion
carried 5-0.
REGULAR AGENDA
Rodney Wren informed the Commission that Citizens for Sound Government has
officially finished organizing. He then distributed a copy of their mission statement. The group
has established goals of what they want accomplished. Their first goal is to have the City. -
Commission officially declare the Blue Sky Sports Complex dead, sell the plot of land on West.'
First and use the funds acquired fiom the sale to address budgetary needs. - --....-
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A. Receive update on Child Advocacy Center.
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T. Walton, Newton Police Department, gave an update on the child Advocacy Center.
The construction was finished on August 3 and the first interview was held on August 6. More
interviews are scheduled for this week. He invited the Commission to the open house on
Sunday, August 19 from 2:00 to 4:00 p.m.
B. Recognition of Officer Tony Hawpe.
Chief Daily recognized Officer Tony Hawpe for his quick response with a suicidal
woman on July 25th. Officer Hawpe jumped down a ten foot embankment into Sand Creek to
rescue the woman. After clearing her airway, he pulled her to shore and reassured her help was
on the way. Chief Daily presented Hawpe with a Certificate of Merit fiom the Newton Police

August 142p01
Department in response for his selfless act in saving a life. Chief Daily then briefed the
Commission on an accident which happened on the interstate.

The Kansas Corporation Commission ruled against the KGE rate increase for our area.
Newton is a charter member of the South Central Municipal Energy Association, which
was one of the parties which intervened in this case. Instead of a 10% increase, electric
rates will be lowered by 6-7%.
The City is evaluating ways to save energy and would like a Commissioner to serve on a
task force to select an energy service company. The company would work with the City
to decrease energy consumption. Commissioner Heck volunteered to serve.
A joint meeting with Harvey County was held on August 6. Recycling and rural
ambulance assistance were discussed. Newton serves most of the eastern half of Harvey
County with ambulance service. The City will be getting an additional $144,000 to
enable the City to continue this service.
Annexation for the west side subdivision has to be approved by the County Commission.
An Ordinance will need to be passed to make the annexation final. The City will take
over maintenance on Meridian fiom Sharp's Drive to US 50 and First Street fiom
Meridian to West Road. Harvey County will continue to maintain West Road.
Staff has discussed the MSA legal status with a Washington law firm. They think we
have a good case and want to do additional research. Local representatives will
eventually meet with OMB to present the importance of remaining in the MSA, backed
up with legal support.
Rep. Tiahrt will be in town next week along with the Corps of Engineers to discuss the
Sand Creek project. He is positive about the potential of future funding for the project.
Newton FireEMS has worked with the landowner at 218 East 12&to have a controlled
burn exercise. All the appropriate State approvals have been obtained.
REAP water quality work group will focus on public education about pollution risks in
the Equus Beds. They would also like to establish a method to network with other water
agencies to keep alert to issues in Kansas.
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GO Bond Series 2001 & 2001-B
Chuck Boully of George K. Baum and City's Bond Counsel, informe&&e Commission
the fmal pricing on the Golids was complete. He commented that .this is a goodr$ke to be selling
bonds. He then reviewe&the.debt semice schedule with the Commission. The average interest
rate for the G.O. Bonds will be 4.529%. The taxable G.O. Bonds were bought by Midland
National Bank. The interest rate for these bonds is 7%. Under federal tax rules, these bonds
must be taxable because they are used for private enterprise and can only run for 10 years.
A. Consider an Ordinance authorizing and providing for the issuance of $7,285,000

principal amount of General Obligation Refunding Bonds, Series 2001 and
$555,000 principal amount of Taxable General Obligation Bonds, Series 2001-B.
An Ordinance authorizing and providing for the issuance of $7,285,000 principal amount
of General Obligation Refunding and Improvement Bonds, Series 2001 and $555,000 principal

August 14,2P0 1
amount of taxable General Obligation Bonds, Series 2001-B, of the City of Newton, Kansas
providing for the levy and collection of an annual tax for the purpose of paying the principal of
and interest on said bonds as they become due; authorizing certain other documents and actions
in connection therewith; and making certain covenants with respect thereto was considered.
MOTION: Commissioner Harris moved that this Ordinance, assigned 43 84-01,

be approved as presented. Commissioner Loescher seconded the motion which
carried 5-0. (This Ordinance is contained in Volume W of Ordinances.)
B. Consider a Resolution prescribing to form and details of authorizing and

directing the sale and delivery of General Obligation Refunding Bonds, Series
2001.
A Resolution prescribing the form and details of and authorizing and directing the sale
and delivery of $7,285,000 principal amount of General Obligation Bonds Refunding and
Improvement Bonds, Series 2001 of the City of Newton, Kansas, previously authorized by
Ordinance No.4384-01 of the issue; making certain covenants and agreements to provide for the
payment and security ereo of; and authorizing certain other documents and actions connected
therewith was considered.
MOTION: Commissioner Harris moved and Commissioner Heck seconded that

this Resolution, assigned G-814, be approved as presented. Motion carried 5-0.
(This Resolution is contained in Volume D of General Resolutions.)
C. Consider a Resolution prescribing the form and details of and authorizing and
directing the sale and delivery of Taxable General Obligation Bonds, Se9ies
2001-B.
A Resolution prescribing the form and details of and authorizing and directing the sale
and delivery of $555,000 principal amount of Taxable General Obligation Bonds, Series 2001-B,
of the City of Newton, Kansas, previously authorized by Ordinance No.4384-01 of the issue;--,:
making certain covenants and agreements to provide for the payment and security thereof; &d'-'
authorizing certain other documents and actions connected therewith was considgd.
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MOTION: Vice Mayor Roberion moved and Commissioner ~oeschei?%&anded

that this ~esoluti6n,-~'~ssignedNo. G-815, be approved as presented. Motion
carried 5-0. (This Resolution is contained in Volume D of General Resolutions.)
6. Presentation of Harvey County Public Transportation Plan.
Rita Flickinger with Harvey County, stated two years ago she found out there was
additional funding from KDOT for public transportation. She wrote a grant for $30,000 and
with that money, KDOT has allowed Harvey County to hire a consultant to plan for the
transportation needs in Harvey County.

August 14,2001
Tom Sawin, consultant working on the needs assessment in Harvey County, presented the
Public Transportation Plan. There are four providers of general transportation in Harvey County:
Northview Development Center, Schowalter Villa, Halstead Housing Authority and Harvey
County. Funding to help purchase and operate the public transportation is provided by KDOT
5311 monies. KDOT is looking to Harvey County to coordinate the activities of the
transportation and get more efficiencies for the transportation. OT Cab also provides point-to-
point service for $4.00. Harvey County subsidizes this fare for low income, elderly and disabled
riders. With the Public Transportation Plan, all existing operations will go on and much of what
is presently being done will continue, but with greater coordination, advertising and frequency to
increase ridership. A program that brings people from all the towns in Harvey County to Newton
is being developed to allow residents to come to Newton to shop and then go on to Wichita or
Hutchinson if they want. This will take place once a week. Harvey County currently provides
medical trips four days a week which they hope to continue. Advertising to make the public
aware of what transportation options are available will be a major element of the plan. This
will be done through the newspaper, brochures, individual contact. It was suggested that
information could be placed in doctors offices, hospitald, and churches to get the word out.
7. Receive public input on City residential recycling program.
A meeting was held with Harvey County recently to review the recycling program and
figure out where to go next. City Manager Heinicke pointed out that last year the waste stream
to the landfill was reduced by 12,000 tons or 21%. Later this year what goes to the landfill will
need to be transported to Reno County so it is important to reduce the amount more. The City is
asking for public input on ways to remove magazines, catalogs and phone books from the waste
stream. It was suggested at the joint meeting to have one week a month for magazines instead of
newspapers. Harvey County is researching how much it would cost to separate the magazines
and newspapers if they were collected together. Currently 5% of the residents are not recycling
correctly.
Commissioner Harris commented he has been receiving calls in support of recycling

magazines, etc. Most callers would prefer to put the magazines in with the newspapers, but could -.-
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get used to replacing the newspapers with magazines once a month.

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Commissioner Heck commented he too has received a number.calls &$I~ we heed to
get started recycling the.magazinesand would like to put &em in with the ne&-mpers. He felt
that the City needs to get 'a'plan in place to begin the process and be ready to start either
November 1 or January 1.
City EngineerDPW Loomis stated the goal of the City is to try to keep the public
educated on this. A lot of education was done when recycling was first started. She commented
it is also important to keep the process simple to educate people. Staff's opinion is adding the
magazines to the newspaper bin would be the simplest method, and most widely accepted by the
community as a whole. She also stated staff is planning another special magazine, phone book
and catalogue drop-off Saturday at Wal-Mart for this fall.

g August 14,2001
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Commissioner Loescher commented that there will be costs for sorting either the
magazines and newspapers if they are collected together and those costs need to be looked at
before proceeding.
8. Receive recommendation for expansions of Airport hangers.
T.W. Anderson, Airport Manager, commented the Airport's most recent building
development consisted of a large community hanger and a ten unit row of T-Hangers. These
buildings were both filled immediately with tenants as soon as the occupancy permits were
obtained. There is a great demand for airport hanger space throughout Central Kansas. The
Airport currently has a waiting list of 33 people and has been able to maintain 100% occupancy
of the hangers. It is recommended continued expansion of the most recent T-Hanger building
with 18 more units. Estimated cost of the additional hangers would not exceed $283,350. The
taxiway is already existent. It is the plan to ask the FAA for assistance to put in a permanent
taxiway.
Commissioner Loescher questioned how long it would take to fill the additional hangers
and if there would be. a vacancy rate. Airport Manager Anderson responded by the time the
occupancy permit is received the hangers will be committed. Commissioner Loescher
questioned what occupancy percent is needed to cash flow. Anderson informed him at 85%
occupancy the Airport still has a positive cash flow.
Commissioner Harris commented the purpose of building additional hangers is not just to
house aircraft, but to base aircraft at the Airport which would allow increased fuel sales and
bring businessmen into the Newton market.
Vice Mayor Roberson asked what the rental rates are in the Wichita area. She was
informed the City is lower but raised the rates last year. What the Airport leases out for $135
would be $160 in the Wichita area.
9. Consider a resolution authorizing purchase of land for runway safety zone at the-., -.-
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Airport Manager Anderson reported that last year Rep. Tiahrt 'was able& incorporate a
provision within the 2001-fiscal year funding for the FAA to 'place name' @&n Airport to
receive two grants. The gra6ts would be to fund the acquisition of the area.of land immediately
North of the existing runway and also to resurface and strengthen the primary runway. This land
acquisition would protect the Airport runways fiom encroachment of multistory buildings. The
FAA has agreed that if the City of Newton acquires the 71.036 acres between the north edge of
the current Airport property and 24th Street NE, it is eligible for 90% reimbursement fiom the
FAA. The land has been acquired for $390,698. The City of Newton and Harvey County will
split the 10% local match requirement.
Commissioner Loescher questioned what the land could be used for. Anderson
responded the land is only authorized for agriculture use.

$' August 14,2001
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A Resolution authorizing the improving of the Newton CityICounty Airport; and
authorizing the issuance of General Obligation Bonds of the City of Newton, Kansas to pay such
costs was considered.
MOTION: Commissioner Harris moved and Commissioner Heck seconded that

this Resolution, assigned G-816, be approved as presented. Motion which
carried 5-0. (This Resolution is contained in Volume D of General Resolutions.)
10. Receive recommendation from the Newtonmorth Newton Area Planning

Commission and consider the final plat for Weber Commercial Addition to the City
of Newton.
Director of Community Development Johnson reported the Planning Commission, at

their last meeting, unanimously recommended approval of the final plat for Weber Commercial
Addition. The property is described as: Lots 1, 2 and 3, Block 1, Weber Addition, an Addition
to the City of Newton, Harvey County, Kansas, is located along the southeast corner of South
Kansas Avenue and Southeast 36'" Street, and is currently zoned C-2 (General Business District).
MOTION: Commissioner Harris moved to accept the recommendation of the

Planning Commission and approve the final plat. Commissioner Loescher
seconded the motion which carried 5-0.
11. Weber Addition
A. Receive petitions, plans and specifications for sewer extension to serve Weber
Addition to the City of Newton.
Sewer will be extended between the western three lots off a sewer main that runs down
36th Street. The Sewer District will only be those western three lots. Lot four would connect
directly to 36'h Street main.
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MOTION: Commissioner Loescher moved and Commissioner Heck seconded to
approve the petitions, plans and specifications for sewer extension to seryeewer
District 33-B. Motion carried 5-0. -
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A. Consider a tion on finding advisable and authorizing the construction of

sanitary sewer to serve Sewer District 33-B.
A Resolution finding advisable and authorizing the construction of sanitary sewer lines .
to serve Sewer District 33-B was considered. The property is described as Lots 1, 2, and 3,
Block 1, Weber Addition, an addition to the City of Newton, Harvey County, Kansas. The
estimated cost of the improvement is $16,891.99 with 100% to be assessed against the
improvement district and 0% to be paid by the City at large.

Y August 14,2001
MOTION: .Commissioner Harris moved and Commissioner Loescher seconded
that this Resolution, assigned 1-967 be approved as presented. Motion carried 5-
0. (This Resolution is contained in Volume C of Improvement Resolutions.)
B. Consider an Ordinance Creating Sewer District 33-B.
An Ordinance creating Sewer District 33-B in the City of Newton, Kansas was
considered.

that this Ordinance, assigned 4385-0 1, be approved as presented. Motion carried
5-0. (This Ordinance is contained in Volume W of Ordinances.)
C. Set date and time to receive bids (August 23 at 2:00 p.m. is suggested).

that August 23 at 2:00 p.m. be set as the date and time to receive bids. Motion
carried 5-0. .
12. Consider deeding land option back to Newton Medical Center.
The City was given land for a FireEMS substation on the Newton Medical Center
campus when it was constructed a few years ago. The agreement was that NMC would donate
the land, but if it was not developed before 2003, the land would revert back to NMC. Since the
City has no plans for a substation at this location, and since the City has no authority to use it for
any other purpose, it would be best to give the land back 18 months early. NMC is looking at
developing this area.
Commissioner Harris commented it makes a lot of sense to let the hospital have the land
back early. It might help them to speed up their development if they have the land early.
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- execute a quit claim deed deeding the land option back to Newtoq;Medical.
Center. Motion carried 5-0. --= -
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13. Old Business. '
Commissioner Heck commended Chief Daily for the informative report sent to
Commissioners. He then reported that he would be serving on League Legislative Committee. ..
If there are issues that Commissioners would like discussed this legislative session, to let him
know. KMIT trustees will meet next week. They have now reached 100 cities in the KMIT
pool.
City Manager Heinicke reported that the League Water Committee will be meeting
Tuesday.

25' August 14,2001
City EngineerIDPW Loornis shared pictures of the 4'h street pedestrian bridge, which has
been completed, minus landscaping scheduled for this fall.
14. New Business.
Commissioner Heck commented he will be attending the League Leadership Conference

which will be focusing on economic development and will report back at the next meeting.
City EngineermPW Loomis received information from KDOT that the City has been
selected to receive funds for 12' & Main intersection improvements. This will be brought up at
the next meeting for Commission action.
Director of Community Develo ment Johnson reported that Walgreen's has postponed
their decision to purchase the land at 12P and Main until August 2 0 .~
Commissioner Harris informed the Commission the sports challenged scheduled for
September 8 has been cancelled.
Mayor Scott asked that the City have a meeting with USD 373 Board of Education to
discuss mutual interests. This would be a good opportunity to talk about sharing services and to
discuss the schools' Euture interest for Fischer Field and making Athletic Park ball field a quality
field with irrigation, etc. The City Manager will get with the School Superintendent and set a
time.
15. Adjournment.
Mayor
ATTEST:
City Clerk -.

August 14,2001
., :
WHEREAS, a Petition was filed with the City Clerk on the,&day of , Azuf
2001, proposing the following improuement: construction of a sanitary sewer line extension to
serve the belowdescribed @ropert$in~eberAddition (Sewer ~istrict-NO. 33-B) setting forth:
(a) the general nature of the propose&&provement; @) the estimated oi probable cost; (c) the
extent of the proposed improve~entdistrictto be assessed; (d) the proposed method of . . -
assessment; (e) the proposed appodonment of cost between the improvement district and the. . .
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City at large; and (0the;requesf.htfsuchimprovemeitbe made without-notice.,of
_-._- . hearing
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required by K.s.A. 12-6a04, %3. -imegded; and. -. -. . . ,

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WHEREAS, the ~ ~ v c k i13' ~did on thd 14th day of August 200 1, find such Petition
i 7nddy
to be sufficient,NOW7TMEREFORE,
BE I
T ORDAZNED BY THETHEGOVERNING
BODY OF THE CITY OF NEWTON,
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SECTION 1; The Go?er6&30dy hereby '&CIS &d fin&. determines that: (a) it is .
advisable to make'the following improvemen%.a d the followingimprovement is hereby
authorized and ordered& & mpde in accprdance with the findings of the governing body, to wit:
construction of a sanitary sew& line exte&ion t o m e the belowdescribed property in Weber
Addition (Sewer District No. 33-B.);'@) the estimated or probable cost-ofsuch improvement is: . . - , ,
$16,891&9; (c) the boundary

. .. of the &ihiov&t district'shalibe: . . -.
Lots 1,2 and 3, Block 1, 'Webr Addition, an addition to the City of

Newton,
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(d) the ~ e t t i o dofassess&ent &dl ~&:-odk5~h$t in the improvement district to bear equal
assessmait; (e) the apportionment of 60.kbetweexi the ikprov&ent district and the City at large
shall be: 100% to be ~ s e s s e dagainst the *rovem&t district, and 0% to be paid by the City at .:
large. . . . . . .._.=
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SECTION 2. F'ursu&t b &s:A-12-6a14, said public improv&qnts are hereby
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authorized to be paid for, inwhole or $ part, by the issuance of general obligation bonds, said
bonds to be issued to reimburse expenditures pade after this date pursuant to Treasury
Regulations, . a .
SECTION 3. This Resolution shall be published one time in the official City newspapes
and shall also be filed of record in'the Office of the Register of Deeds of Harvey County7Kansas.
PASSED AND ADOPTED this 14th day if ~ u ~2061.
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City Clerk
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(First pubbhed in THE NEWTON Dennis R. Garrison
KANSAN, A6gust 20,2001.) . being first duly sworn, deposes and says: That h e is Advertising
Manager of
, . RESOLUTION ~0:1-967'
WHEXEAS,. a:.?etition was fdea
The Newton Kansan
)withthe Citv Clerk on the 14th day of a dail newspaper printed in t h e State of Kansas, and published
'~ugust,ZOO?, proposing the followipg in a n J o f general circulation in Harvey County, Kansas, with gen-
improvement: wnstruction of a sanitary eral aid circulation on a daily basis in Harvey Count Kansas,
sewer line extension to serve the below- ?nd.&at said newspaper is not a trade, religious or fragrnal pub-
described property in Weber Addition, Ircatron.
,(SewerDistrict No. 33-B) setting forth:
.(a) the general nature of the propos$ Said newspaper is a dail published a t least weekly 50
fimprovement;(b) the estjmated ocprou- times a year; h a s been s o publisxed continuously and uninter-
.able cost; (c) the extent 6f the proposed ruptedly In said county and state for a period of more than five
,improvement district to be assessed, (dl years prior to the first ublication of said notice; and h a s been
the proposed method of assessment; (e) admitted a t the post o&ce of Newton, Kansas in said County as
the proposed apportionment of cost second class matter.
between the improvement district and
,the City at large; and (n the request That t h e attached notice is a true copy thereof a n d
that such improvement be made with- w a s published In the regular and entrre Issue of s a ~ dnewspaper
out notice of hearing as required by
KS.A 126a04, as amended; and
for O n e consecutive weeks, the first publication
WHEREAS,the GoverningBody did
on the 14th day of August 2001, find thereof being made as aforesaid on the 70th
such Petition to be &cient, NOW,
THE~FORE.
Day of A~gust , 2001, with
.ERNING BODY OF THE CITY OF
NEWTON, KANSAS. -
SECTION 1. The Governing Body
! lowing improvement, and the following
the f~ndingsof the governing body, to
line extension to serve the below-
described property in Weber Addition
(Sewer District No. 33-B); (b) the esti-
mated or probable wst of such improve-
ment is: $16,891.99; (c) the boundary of
the improvement district shall be:
Subscribed and sworn to before m e this
August
20th
mf
Lots 1, 2 and 3, Block 1, Weber
Addition, an addition to the City uf
Newton, Harvey county, Kansas;
I (d) ,the method of assessment shall be:, , My commission expires: October 18. 2004
I each lot in the improvement district to ,
Printer's F e e s $ 95.40 res.no. 1-967
tionment of cost between the improve- /
, bear equal assessment; (e) the appor-
ment district and the City at large shall - - 2 e :
be: 100% to be assessed againkt the I
I_ g 3.py3;
improvement district, and 0%to be paid : 1., . 1)- ra~:
SECTION 2 . h r s u a n t to ~ s . k ' l 2 -
,
aRer this %datepursuant to Treasury
Regulations.
Section 3. This Resolution shall be
published one time in the official City
newspaper and shall also be filed of ,
record in the Office of the Register of
f Deeds of Harvey County, Kansas.
PASSED AND ADOPTED this 14th 1'
day of August, 2001. I
)r
T Id H. Grant Scott
Mayor
) ATTEST
&ty Clerk , , ,
FEASIBILITY REPORT
Date: 12/26/01
Project No.420) 01WT000015
TO: Governing Body

City of Newton
Newton, Kansas
Commissioners:
A. General Nature of Project: Extension of waterline in Westhaven ITIAddition, phase I1
C. Improvement District: Lots 9-15. Block 1 and Lots 1-11, Block 2, Westhaven III Addition to Harvey
Countv in Newton, Kansas
D. Method Assessment: each lot to bear equal assessment
Improvement District 100.00 % Est. Total $ 36.207.77
City at Large 0 % Est. Total $ 0
Estimated Total Cost 100.00 % $ 36,207.77
F. Recommendations:
THE CITY OF NEWTON

WATER BENEFIT DISTRICT
WATER DIST. 11-0

Extensions of waterline for Westhaven Third Addition, Phase I1
amended.
The estimated or probable cost of such improvement is $ 36.207.77

Lots 9-15, Block 1 and Lots 1-1 1, Block 2, Westhaven Third Addition to the City of Newton, Harvey County,
Kansas
100 % to be assessed against the improvement district and 0% to be paid by the City at large.
We hrther request that such improvement be made without notice and hearing as required in
occurs first.
Propetty Owned Datc and
Sienature Address of Residence Im~rovementDistrict Sienin
f & / q d4drn@&
a&& I-fL @ / b z
hf?-l~&
I I
/-7- 45-5-
mg;
/I
l. P4
January 8,2002
The Newton City Commission convened in regular session at 7:00 p.m. on January 8,
2002 at Our Lady of Guadalupe Church, 421 South Ash. Attending were Mayor Scott, Vice
Mayor Roberson, and Commissioners Harris, and Heck. Also attending were City Manager
Ahsmuhs, Director of Community Development Johnson and Deputy Clerk Duerksen.
Commissioner Loescher was absent.
Pastor Jim Voth of the Grace Hill Mennonite Church provided the invocation. The
business.
CONSENT AGENDA
1. Review minutes of December 11,2001 Commission meeting.
2. Westhaven Third Addition, Phase I1
A. Receive petitions, plans and specifications for sewer and water lines to
serve Westhaven Third Addition.
B. Consider a Resolution fmding advisable and authorizing the construction

of sewer lines to serve Sewer District 10-R .
This Resolution fmds advisable and authorizes the construction of sewer lines to serve
Sewer District 10-R in Westhaven Third Addition. The property is described as Lot 11, Block 1;
and Lots 1 through 11, Block 2; Westhaven Third Addition, an Addition to the City of Newton,
Harvey County, Kansas. Cost of the improvement is estimated at $44,209.39 with 100% to be
assessed to the improvement district and 0% to be paid by the City at large. This Resolution is
assigned Improvement Resolution 1-971 and is contained in Volume C of Improvement
Resolutions.
C. Consider an Ordinance creating Sewer District 10-R
This Ordinance creates Sewer District 10-R in the City of Newton, Kansas and is
assigned No. 4399-02 and is contained in Volume W of Ordinances.
D. Consider a Resolution finding advisable and authorizing the construction

of water lines to serve Water District 11-D.
This Resolution fmds advisable and authorizes the construction of water lines to serve
Water District 11-D in Westhaven Third Addition. The property is described as Lots 9 through
15, Block 1; and Lots 1 through 11, Block 2; Westhaven Third Addition, an Addition to the City
of Newton, Harvey County, Kansas. Cost of the improvement is estimated at $36,207.77 with

January 8,2002
'
100% to be assessed to the improvement district and 0% to be paid by the City at large. This
Resolution is assigned Improvement Resolution 1-972 and is contained in Volume C of
E. Consider an Ordinance creating Water District 11-D.
This Ordinance creates Water District 11-D in the City of Newton, Kansas and is
F. Set date and time to receive bids for sewer and water (January 21 at
10:OO is suggested).
MOTION: Commissioner Heck moved and Commissioner Harris seconded to

REGULAR AGENDA
Phebia Williams thanked the Commission for bringing the Commission meetings out to
the community. She felt it showed they really had an interest and concern for the citizens.
Josie Jenn commented some of the yards in town are getting dirty and trashy. She
questioned if there is something that can be done. She was given the name of the Environmental
Control Officer.

+:+ Community forums will be held January 10, 17 and 31 at Chisholm Middle School.
Merrill Raber will facilitate. The meetings are sponsored by the cities of Newton and
North Newton, the EDC, Chamber of Commerce, USD 373 and the Newton Recreation
Commission.
+:+ REAP has adopted their 2002 work plan. Commissioner Harris outlined the legislative
priorities which include protecting the Equus Beds aquifer, supporting economic
stimulus packages for the region, seeking designation of Metropolitan Statistical Area,
supporting the expansion of passenger rail service, and monitoring and assessing State
actions to reduce pollution in the Arkansas River basin. They .are still encouraged with
the Fair Fares campaign and will be presenting the pledges they have to one of the
airlines.
++: The League will be holding a City Hall Day at the State legislature on January 24.
+:Many
+ positive comments were received on Christmas Decorations that were put up this ..
year.
++: The Planning Commission adopted several items which will be before the Commission at
future meetings. Those include Walgreen's final plat, South Newton commercial
development plat, zoning for duplexes at 1 7 and ~ Poplar and plat and zoning for Chapel
Ridge apartments.
+: + Developmrny Group is moving forward with a contract. The City Attorney will
1965
discuss some of their requests later in the meeting.

January 8,2002
'
option would be to move bulldozers and high loaders onto the property and start tearing out the
new construction. In discussion with other staff, the City Attorney presented a possible third
option. It would be to initiate a civil suit to sue for an injunction and have a Judge issue an
order to comply with City orders. (The City already has one court ruling that City issues were
legal and valid and cannot be disputed.) After that, if the City would still have to tear down the
new construction instead of the owners fmishing, we would have the protection of a court order.
Commissioners felt the matter had gone on long enough and steps needed to be taken to protect
the City.
MOTION: Commissioner Heck moved and Vice Mayor Roberson seconded to

direct the City Attorney to file a civil injunction proceeding to force a conclusion
to the property nuisance case for property located at 523 Old Main. Motion
carried 4-0.
Conmissioner Harris questioned how the sewer extension to the west side subdivision
was going. City EngineerIDPW Loomis commented the contractor would start working on it on
Monday. She also noted the State is reviewing the fmancing for the water extension.
Commissioner Harris also reminded the public that extra recycling bins for magazines are
available for $5.00.
Mayor Scott thanked Commissioner Heck for the idea of taking the Commission
meetings to the public.
11. New Business.

Mayor Scott encouraged citizens to show up for the community forums to be held at
Chisholm Middle School on Thursday.
12. Adjournment.
adjourned at 8 5 0 p.m.
ATTEST:

January 8,2002
RESOLUTION ~ 0 . 1-'I 72-
-
WHEREAS, A Petition was filed with the City Clerk on the X73 day of -&.-
2002. proposing the following improvement: construction of a water- --??-
line extension to se e the
below-described property in Westhaven Third Addition (Water District No. I 1-D) setting forth:
(a) the general nature of the proposed improvement; (b) the estimated or probable cost; (c) the
extent of the proposed improvement district to be assessed; (d) @e proposed method of
City at large; and (f) the request that such improvement be made without notice of hearing as
WHEREAS, the Governing Body did on the 8th day of January, 2002, find such Petition
to be sufficient, NOW, THEREFORE,

KANSAS:
construction of a water line extension to serve the below-described in Westhaven Third
Addition (Water District No. 11-D); (b) the estimated or probable cost of such improvement is:
Lots 9 through 15, Block 1, and Lots I through 1I, Block 2, Westhaven
Third Additi~n,an Addition to the City of Newton, Harvey County,
Kansas;
large.

authorized to be paid for, in whole or in part, by the issuance of genera1 obligation bonds, said
Regulations.
2 PASSED ADD ADOPTED this 8th day of January, 2002.

(First published in THE NEWTON STATE OF KANSAS, COUNTY OF HARVEY ss
KANSAN, January 12,2002.) Dennis R. Garrison
NO.m
RESOLUTION Manager of
WHEREAS, A petition1 was filed The Newton Kansan
with the City Clerk on the 8th day of a dail newspaper printed in the State of Kansas, and published
January, 2002, proposing the following in and'of general circulation in Harvey County, Kansas, with gen-
improvement: construction of a w'ater eral aid circulation on a daily basis in Harvey Count Kansas,
line extension to serve the below- and k a t said newspaper is not a trade, religious or frafknal pub-
described property in Westhaven Third Ircation.
Addition (Water District No. 11-D) set-
ting forth: (a) the general nature' of the Said newspaper is a dail published at least weekly 50
proposed improvement; (b) the estimat- times a year- has been so publisied continuously and uninter-
ed or probable cost; (c) the extent of the
proposed improvement district to be ruptedly In siid county and state for a period of more than five
assessed; (d) the proposed method of years prior to the first ublication of sard notice; and has been
assessment; (el the proposed apportion- admitted at the post ogce of Newton, Kansas in said County as
ment of cost between the improvement second class matter.
district and the City at large; and (0 the
request that such improvement be That the attached notice is a true copy thereof and
made without notice of hearing as was publrshed In the regular and ent~reIssue of sard newspaper
required by K.S.A. 12-6a04, as amend-
ed; and for One consecutive weeks, the first publication
WHEREAS, the Governing Body did
on the 8th day of January, 2002, fmd thereof being made as aforesaid on the 17th
such Petition to be sufficient, NOW
THEREFORE, Day of January , 2002, with
ERVING BODY OF THE CITY OF
NEWTON, KANSAS:
sion
- to serve
--the - -below-described
..- - prop:
erty in Westhaven Third Addition
(Water District No. 11-D); (b) the esti- Subscribed and sworn to before me this 14th day of
mated or probable cost of such improve-
ment is: $36,207.77; (c) the boundary of
the improvement district shall be:
Lots 9 through 15, Block 1,and ~ o t s
1through 11, Block 2, Westhaven Third
Addition, an Addition to the City of
Newton, Harvey County, Kansas; My commission expires: October 18, 2004
- (d) the method of assessment shall be: Printer's Fees $ 98.05 res # 1-972
tionment of cost between the improve- ?
ment district and the City a t large shall

SECTION 2. Phrsuant to K.S.A. 12-
Regulations.
record in the Office of the~Registerof
PASSED AND ADOPTED this 8th
day of January, 2002.
Id H. Grant Scott
Mayor
ATTEST:
IS/Ronald R. Ahsmuhs
City Cierk
FEASIBILITY REPORT
Date: 12/26/01
Project No.(121) 01SS000016
i TO: Governing Body

City of Newton
i Newton, Kansas
!
Commissioners:
A. General Nature of Project: Sanitary Sewer extension for Westhaven Third Addition, phase 11.
C. Improvement District: Lot 11, Block 1 and Lots 1-1 1, Block 2, Westhaven Third Addition
to Newton. Kansas in Harvev County.
D. Method Assessment: Each lot to bear equal assessment.
Improvement District 100.00 % Est. Total $ 44,209.39
Estimated Total Cost 100.00 % $ 44.209.39
F. Recommendations:
THE CITY OF NEWTON

SANITARY SEWER
BENEFIT DISTRICT
SEWER DIST. 10-R

Extensions of Sanitary Sewer for Westhaven Third Addition, Phase I1
amended.
The estimated or probable cost of such improvement is $ 44.209.39

Lot 11, Block 1 and Lots 1-1 1, Block 2, Westhaven Third Addition to the City of Newton, Harvey County,
Kansas
100 % to be assessed against the improvement district and 0% to be paid by the City at large.
We further request that such improvement be made without notice and hearing as required in
occurs first.
Property Owned Dntc and
Sienature Address of Residence lm~rovernentDistrict Signing
L - / / RI f L I - / / @,2. !-7-W#Z ~f$2P~/7
I f lI
i/
I I
January 8,2002
2002 at Our Lady of Guadalupe Church, 421 South Ash. Attending were Mayor Scott, Vice
Mayor Roberson, and Commissioners Hanis, and Heck. Also attending were City Manager
Heinicke, City Attorney Myers, City Engineer/DPW Loomis, Director of FinancelCity Clerk
Ahsmuhs, Director of Community Development Johnson and Deputy Clerk Duerksen.
Commissioner Loescher was absent.
Pastor Jim Voth of the Grace Hill Mennonite Church provided the invocation. The
business.
CONSENT AGENDA
1. Review,minutesof December 11,2001 Commission meeting.
2. Westhaven Third Addition, Phase I1
A. Receive petitions, plans and specifications for sewer and water lines to
serve Westhaven Third Addition.
B. Consider a Resolution finding advisable and authorizing the construction

of sewer lines to serve Sewer District 10-R .
Sewer District 10-R in Westhaven Third Addition. The property is described as Lot 11, Block 1;
and Lots 1 through 11, Block 2; Westhaven Third Addition, an Addition to the City of Newton,
Harvey County, Kansas. Cost of the improvement is estimated at $44,209.39 with 100% to be
assessed to the improvement district and 0% to be paid by the City at large. This Resolution is:'-
- assigned Improvement Resolution 1-971 and is contained in Volume C- of Improvement
Resolutions. <A
9
-
:
-
- - J I .
-.--> 9
. - -
.'-.-F-
- -It--
C. Consider an Ordinance creating Sewer ~istkict10-R .
This Ordinance creates Sewer District 10-R in the City of Newton, Kansas and is
D. Consider a Resolution finding advisable and authorizing the construction

of water lines to serve Water District 11-D.
Water District 11-D in Westhaven Third Addition. The property is described as Lots 9 through
15, Block 1;and Lots 1 through 11, Block 2; Westhaven Third Addition, an Addition to the City
of Newton, Harvey County, Kansas. Cost of the improvement is estimated at $36,207.77 with

?
:
January 8,2002
E. Consider an Ordinance creating Water District 11-D.

This Ordinance creates Water District 11-D in the City of Newton, Kansas and is
F. Set date and time to receive bids for sewer and water (January 21 at
10:OO is suggested).
MOTION: Commissioner Heck moved and Commissioner Harris seconded to

REGULAR AGENDA
Phebia Williams thanked the Commission for bringing the Commission meetings out to
the community. She felt it showed they really had an interest and concern for the citizens.
Josie Jenn commented some of the yards in town are getting dirty and trashy. She
questioned if there is something that can be done. She was given the name of the Environmental
Control Officer.

6 Cornunity forums will be held January 10, 17 and 31 at Chisholrn Middle School.
Merrill Raber will facilitate. The meetings are sponsored by the cities of Newton and
North Newton, the EDC, Chamber of Commerce, USD 373 and the Newton Recreation
Commission.
8 REAP has adopted their 2002 work plan. Commissioner Harris outlined the legislative-. .-
priorities which include protecting the Equus Beds aquifer, supporting
stimulus packages :for the region, seeking designation of Metropolitan - - -Statistical
=-. Area,
supporting the expansion of passenger rail service, and monitoring ancTassessing State
actions to reduce pollution in the Arkansas River basin. They .are still-%b5uraged
- - F-- with
the Fair Fares campslign and will be presenting 'the pledges they. have to one of the
airlines.
+:* The League will be holding a City Hall Day at the State legislature on January 24.
*:* Many positive comments were received on Christmas Decorations that were put up this
year.
*:* The Planning Commission adopted several items which will be before the Commission at
future meetings. Those include Walgreen's final plat, South Newton commercial
development plat, zoning for duplexes at 1 7 and ~ Poplar and plat and zoning for Chapel
Ridge apartments.
*3 1965 Developmrny Group is moving forward with a contract. The City Attorney will
discuss some of their requests later in the meeting.

January S3 2p02
A Developer has proposed a hotel and mixed-use development on SE 1 4 ' ~Street. Staff
met with his financial experts who advise that motel/conference center projects would
require a feasibility study. The Developer is willing to pay half or pay for the hotel study
with private funds. A conference center would eventually be a public facility of some
kind, so it is logical for a public study of that portion of the feasibility report.
Amtrak is not doing well financially. Most agree that a national passenger rail service
will not function without subsidies. Congress is interested in decentralizing and putting
the burden on states. If this happens, it will no doubt mean the end of passenger rail
service in Kansas.
The City Attorney will report later on the MSA issue. Things are looking very good
regarding this issue.
The annual meeting of Harvey County Partnership/Communities in Schools, Inc. was
held today.
City Engineer Loomis gave an update on 1-135 construction. The contractor has stated
that Broadway will be open January 18, weather permitting. The mainline will not be
completely open until March, but will be finished before the next phase starts.
Consider an amendment to the Agreement with the Chamber of Commerce and the
Historic Preservation Commission for a three-year contract extension.
At the last meeting the Commission approved the year 2002 agreement with the Chamber
of Commerce. The Preservation Commission recently met and approved to accept a three-year
contract. The City Commission will continue to review and vote on the Preservation
Commission's program of work and budget.
Commissioner Heck inquired if the Preservation Commission was looking at ways to

preserve the history of Newton. Kim Manring, Preservation Planner, stated there is nothing that
puts a blanket on that issue for the City. Placing buildings on the local and national register is
one way to preserve the history and the other is educating the public. She informed the
Commission that the Preservation Commission is working on an oral history project. Once that
is complete it will be placed onto paper.
-. -
-.-
.-
MOTION: Vice Mayor Roberson moved to accept the &ended agreement with . -
- the Chamber of Commerce and Historic Preservation Commission for a the-year .
extension. Commissioner Harris seconded the motion which carried 4-0.2;~ - -
.-
.a
.-- .
- -
-Zj-
6. Planning omm mission Recommendations.
A. Consider the recommendation of the Planning Commission to approve the final

plat of Autumn Glen Second, a replat of part of Block 2 and Reserve 'G'
Autumn Glen Addition, an addition to the City of Newton and accept the
dedications contained therein.
The Planning Commission unanimously voted at their September 10, 2001 meeting to
approve the Final Plat for Autumn Glen contingent upon satisfaction of the conditions presented
in the staff report along with the additional requirement of a temporary drainage easement across
the west side of Lot 1 of the addition. Staff has reviewed the fmal plat and all conditions were
satisfied.
"Y January 8%2002
MOTION: Commissioner Harris moved to adopt the Planning Commission
recommendation. Commissioner Heck seconded the motion which carried 4-0.
B. Consider the recommendation of the Planning Commission for a zoning

amendment for property located in the Westside subdivisions.
Director of Community Development Johnson commented when the City annexed

property north of US -50 and south of West First Street between Meridian and West Roads, it
became necessary to replace Harvey County's zoning district classifications for those parcels
with appropriate classifications provided in the City of Newton's zoning ordinances. Staff
attempted to apply City of Newton classifications functionally equivalent to those used by
Harvey County. A public hearing was conducted by the Planning Commission and they voted
unanimously to recommend approval of staffs suggested zoning classification to the City
Commission.
C. Consider an Ordinance rezoning the property per the recommendation.
An Ordinance amending the official zoning map incorporated by reference in Article 11,
Section 2.21 of the Zoning Ordinances of the City of Newton, Kansas was considered.
MOTION: Commissioner Heck moved and Vice Mayor Roberson seconded

that this Ordinance, assigned No. 4401-02, be approved as presented. Motion
7. Consider authorization of a license agreement between the City and ASCAP for the
right to make certain uses of copyrighted musical compositions.
The City Attorney reported that the International Municipal Lawyers Association has
been negotiating an agreement with the American Society of Composers, Authors and Publishers
regarding copyright issues associated with the use of recorded music etc. Cities currently are
required to gain permission for the right to use certain copyrighted information at public events.. -
This right includes public performances that might be construed as sponsored by the City &'
- playing music during the_."hold" on telephone lines. All this would be _copxed under the ..
agreement. The ASCAP has agreed to waive any rights to pursue cities for ansgrior copyright
violations if they enter into this agreement by January 15. Theye. is an annua-ensing fee of
$250.00 to use recorded maierials without being in violation of copyright laws. -%taff feels this
is a well balanced agreement and is cheap insurance.
Vice Mayor Roberson questioned if this agreement will cover the different festivals or if ..
it is strictly for City function. She was informed the agreement is only for the City. Festivals
must deal with those issues themselves.
MOTION: Commissioner Harris moved and Commissioner Heck seconded to

approve the agreement for use of copyrighted musical compositions. Motion
carried 4-0.
8. Receive bids and award contract for the maintenance facility improvements.

.J January 8, :002
*
City EngineerIDPW Loomis commented bids received for the maintenance facility
improvements were about $10,000 lower from the last time the project was bid. Staff would
recommend awarding the contract to the low bidder, Koehn, Inc.
Bidder Bid Amount Bid Bond

Commerce Construction Service $632,891.OO Yes
Compton Construction Co. $572,800.00 Yes
Conco, Inc. $609,600.00 Yes
Koehn, Inc. $544,900.00 Cashier's Check
Preferred Builders, Inc. $599,213O
.O Yes
Sauenvein Construction, Co. $549,900.00 Yes
Sutherland Builders $604,800.00 Yes
MOTION: Vice Mayor Roberson moved to accept the bids and award the
contract to Koehn, Inc. in the amount of $544,900.00. Commissioner Harris
seconded the motion which carried 4-0.
9. Review Emergency Snow Routes for 2002.
City EngineerIDPW Loomis reviewed the snow route and procedures for snow removal
with the Commission. The City is broken out into six different priority streets and arterial
collectors. Priority one sections include Main Street to the Newton Medical Center. The only
changes to the map have been to add the recently annexed streets. In 1990, 60 lane miles were
cleaned on the snow route. In 2002 there are 79 lane miles to be cleaned. Municipal parking lots
are done after all the priority areas are done. Street staff tries to clean these d ~ the gearly
morning hours or late afternoon. However, a two inch snow is needed before those are cleaned.
Cornmissioner Harris expressed concern that Main Street north of 12* Street to 17*
Street is not a priority one or two. Loomis explained that the goal is to get people into the center
of town. There are not as many people who work in that area of town as in the downtown area.
Commissioner Harris felt that area has really grown and should be a priority one. He also asked. .-
if there was a fiscal impact of adding that area to the priority one list. Staff responded it was not"='
- a matter of it being a fiscal impact but a matter of how much time 'it takes taget through the
priority one area and how much it snows in the meantime. There is a l@ted ---*= -
number of
personnel and equipment for.-snow removal. ..
--
- --
-
-.
Vice Mayor Roberson asked if maps were available to the general public or it was on the
website for the general public to look at before a snow event. Loomis responded that usually the
route is published in the Kansan once a year.
Mayor Scott was concerned about Main Street north from 12* being a level three priority
due to the large amount of commercial businesses and the bridge on Main located in that area.
Loomis informed him that bridges are treated separately and initially and are not included in the
priority list. She stated that staff would review that area. This will be brought back to the next
meeting.
10. Old Business.

-2 January 8,2002
-\.
Vice Mayor Roberson showed the reminder card that is left in the recycling bin if
newspapers are set out instead of magazines. Staff reported that 824 citizens received an oops
note. Roberson also noted that she received a call from a citizen who was having trouble with
recycling, but complimented staff on the way they were treated and now has a better
understanding of the program. City Engineer/DPW Loomis noted that the Thursday route would
be changing slightly.
Commissioner Heck expressed his appreciation of the Christmas lights and decorations
and all the work City staff did with this. He then questioned if there was anything the
Commission could do to be helpful with Amtrak. Commissioner Harris commented they could
continue to encourage the State to look at this issue and look into providing a service from
Newton to Oklahoma City. It is something that could be brought up at the Legislative Day in
Topeka.
City Attorney Myers reported that he and other City staff have been in discussions with
the 1965 Group who are interested in renovating the Fox Theater into a performing arts/cultural
arts center. They have asked that the City deed the building over to them. He informed the
Commission that City property legally cannot just be given away unless it would further some
general public purpose and must be for a not-for profit entity. Staff has been working on a
contract and concerns have been raised by the 1965 Group through this process. One of those
concerns is the existence of lead paint. The 1965 Group has inquired if the City would be
willing to have a lead paint inspection to determine the extent of lead paint and then if they
would be willing to pay to have the paint removed or encapsulated. Staff is willing to have the
inspection, but feels if there is renovation being done to the building the paint would be
encapsulated during h a t time. The Commission felt there was no sense to use taxpayer's~dollars
for this. Another issue the group has brought up is they would like the property surveyed so they
know where the boundaries are. This is not a big dollar request and staff feels this could be
done. Another issue that has surfaced is in order to satisfy the public use doctrine it is necessary
to impose use restrictions for some period of time. There is question in the time fixme on the
restrictions. City Attorney Myers has drafted two options. One would be to have a time period
that would run for at least five years following completion of the renovations or the other would -
be a twenty year restriction (whichever expires first). The fmal'issue.of concern is the closing-!'
- costs on the transfer of title. This would amount to approximately $500. Mygrs - -.- felt it was of
benefit for the City that there is a title insurance policy. City Manager HeinickC&ointed out that
this project would be an asset to the community, however the building is not a~F&s&t
- :-- to the City
and feels the minimum legalkequirement is the best approach.
City Attorney Myers reported that the Metropolitan Statistical Area legal position has
been finalized. He feels that Harvey County has an excellent legal position to take to the OMB ,
Director. He, Tiahrt's office and the Washington DC law firm are trying to arrange a conference
call to discuss strategy for presenting this to the OMB Director. Rep. Tiahrt has offered to help
take the lead on this. City Manager Heinicke reported that 80% of the money for the project has
been received.
The City Attorney then reported on a long standing dispute on the property located at 523
Old Main. Nothing has been happening at this property. It has now come down to pursuing two
options. One would be to forget about the property and let things take their course. The other

;/
January 8,2002
option would be to move bulldozers and high loaders onto the property and start tearing out the
new construction. In discussion with other staff, the City Attorney presented a possible third
option. It would be to initiate a civil suit to sue for an injunction and have a Judge issue an
order to comply with City orders. (The City already has one court ruling that City issues were
legal and valid and cannot be disputed.) After that, if the City would still have to tear down the
new construction instead of the owners finishing, we would have the protection of a court order.
Commissioners felt the matter had gone on long enough and steps needed to be taken to protect
the City.

direct the City Attorney to file a civil injunction proceeding to force a conclusion
to the property nuisance case for property located at 523 Old Main. Motion
carried 4-0.
Commissioner Harris questioned how the sewer extension to the west side subdivision
was going. City EngineerDPW Loomis commented the contractor would start working on it on
Monday. She also noted the State is reviewing the financing for the water extension.
Commissioner Harris also reminded the public that extra recycling bins for magazines are
available for $5.00. .
Mayor Scott thanked Commissioner Heck for the idea of taking the Commission
meetings to the public.
11. New Business.
Mayor Scott encouraged citizens to sktow up for the community forums to be held at
Chisholm Middle School on Thursday.
12. Adjournment.
There being no fwther business to come before the Commission, the meeting was
adjourned at 8:50 p.m. -. -
ATTEST:

9 January 8,2002
-,i
RESOLUTION NO. 2 - '? 7i
WHEREAS, A Petition was fikd with the City Clerk on the

2002, proposing the following improvement: construction of a sanitary *
day of .dc\rxtnr
-sewer line exten on to
serve the below-described property in Westhaven Third Addition (Sewer District No. 10-R)
setting forth: (a) the general nature of the proposed improvement; (b) the estimated or probable
cost; (c) the extent of the proposed improvement district to be assessed; (d) the proposed method
of assessment; (e) the proposed apportionment of cost between the improvement district and the
City at large; and (0 the request that such improvement be made without notice of hearing as
WHEREAS, the Governing Body did on the 8th day of January, 2002, find such Petition

KANSAS:
construction of a sanitary sewer line extension to serve the below-described property in
Westhaven Third Addition (Sewer District No. 10-R); (b) the estimated or probable cost of such
Lot 11, Block 1, and Lots 1 through 11, Block 2, Westhaven Third
e ~ Kansas;
Addition, an Addition to the City of Newton, ~ a k County,
shall be: 100% to be assessed against the improvement district, and 0% to be paid by the City a%
large.
SECTION 2. Pursuant to K.S.A. 12-6a14, said public improvements are hereby-

Regulations. -
.-
and shall also be £iled of record in the Office of the Register of Deeds of Harvey County, Kansas.
PASSED AND ADOPTED this 8th day of January, 2002.

ATTEST-
, (First published in THE NEWTON
KANSAN, January 12,2002.) STATE O F KANSAS, COUNTY O F HARVEY ss
Dennis R. Garrison
RESOLUTION NO. being first duly sworn, deposes and says: That h e is Advertising
Manaaer of
January, 2002, proposing the following a dail newspaper printed in the State of Kansas, and published
improvement: construction of a sanitary in andlof general circulation in Harvey County, Kansas, with gen-
sewer line extension to serve the below- eral paid circulation on a daily basis in Harvey Count Kansas,
described property in Westhaven Third and!hat said newspaper is not a trade, religious or fra'krnal pub-
Addition (Sewer District No. 10-R) set- Iicatron.
ting forth: (a) the general nature of the
proposed improvement; (b) the estimat- Said newspaper is a dail published a t least weekly 5 0
ed or probable cost; (c) the extent of the times a year; h a s been s o publisied continuously and uninter-
proposed improvement district to be ruptedly In said county and state for a period of more than five
assessed; (d) the proposed method of.
assessment; (e) the proposed apportion- years prior to the first ublication of sald notice; and h a s been
ment of cost between the improvement admitted a t the post o&ce of Newton, Kansas in said County as
district and the City a t large; and (0 the second class matter.
request t h a t such improvement be
required by K:S.A. 12-6a04, as amend- w a s published rn the regular and entrre Issue of sard newspaper
ed; and
for O n e consecutive weeks, the first publication
WHEREAS, the Governing Body did
on the 8th day of January, 2002, fmd
such Petition to be sufficient, NOW thereof being m a d e as aforesaid on t h e 17th
THEREFORE,
'
Day of January , 2002, with
NEWTON, KANSAS:
hereby mds aild finally determines .
that: ( s t is advisable to make the fol-
described property in Westhaven Third
Addition (Sewer District No. 10-R); (b)
the estimated or probable cost of such Subscribed and sworn to before m e this 14th day of
improvement is: $44,209.39; (c) the
boundary of the improvement district
shall be:
Lot 11, Block 1, and Lots 1 though
11, Block 2, Westhaven Third Addition,
an Addition to the City of Newton,
Harvey County, Kansas; My commission expires: October 18. 2004
each lot in the improvement district to Printer's F e e s $ 98.05 res # 1-971
bear equal assessment; (el the appor-
by the City a t large.
SECTION 2. Pursuant to KS.A 12-
Regulations.
Id H. Grant Scott
Mayor
ATTESE
City Clerk
FEASIBILITY REPORT
Date: 12/28/01
Project No.(122) 01SS000017
TO: Governing Body

City of Newton
Newton, Kansas
Commissioners:
A. General Nature of Project: Extension of sanitary sewer and a lift station to serve the new Walgreen's
development and some undeveloped mound to the northeast. noted as Sewer District 1-A
Estimated Total Cost $ 344,873.13
C. Improvement District: Lot 1A. Block 14. of A Reulat of Lots 1-21 &the West half of Lot 22, Block 14
Ragsdale's Addition to Newton. Kansas in Harvev Countv
D. Method Assessment: Each lot to bear equal assessment
E. Apportionment of Cost: The developer is paving for the portion of the project that is intended to serve their
development and the portion of the existing line that is being rerouted to accommodate the development. The
developer will also pav for 25% of the lift station. The remainder of the proiect will be paid for bv the city-at-
large. Anv future development that desires to tie onto this line will be required to pay an out-of-district fee to
compensate for the original cost to the city-at-large.
Improvement District 15.128 % Est. Total $ 52.174.00
City at Large 84.872 % Est. Total $ 292.699.13
Estimated Total Cost 100.00 % $ 344,873.13
F. Recommendations: These improvements would not be necessarv if the development was not changing
the existing sanitarv sewer line.
THE CITY OF NEWTON
\ @ Engineer /
' ACCESS P01NT
PETlTION FOR IMPROVEMENTS

Extensions of sanitary sewer & a lift station to serve the new Walgreen's development & some
undeveloped ground to the northeast, noted as Sewer District 1-A
amended.

Lot lA, Block 14 of a,replat of Lots 1-21 &the west half of Lot 22, Block 14, Ragdale's Addition to Newton,
Kansas in Harvey County
The proposed apportionmentof cost between the improvement district and the City at large is:
15.128 % to be assessed against the improvement district and 84.872% to be paid by the City at
large.
occurs first.
Propeay Owned Date and
Signature Address of Residence Imurovement District Signing
March 12,2002
The Newton City Commission convened in regular session at 8:00 p.m. on March 12,
2002 in the City Commission room at 201 East 6' Street. Attending were Mayor Scott, Vice
Mayor Roberson and Commissioners Heck and Loescher. Also attending were City Manager
Ahsmuhs and Deputy Clerk Duerksen. Commissioner Harris was going to be late.
Penny Dugan, Director of Newton Jerusalem Ministries, provided the invocation. The
business.
CONSENT AGENDA
1. Review minutes of February 26,2002 Commission meeting.
2. Walgreen's
A. Consider plans and specifications for Walgreen's sewer extension and

pump station.
B. Consider a resolution finding advisable and authorizing the construction

of sewer extensions and pump station to serve Walgreen's.
This Resolution finds advisable and authorizes the construction of sanitary sewer line
extensions and lift station to serve the Walgreen's property. The property is described as
Lot lA, Block 14, of a replat of Lots 1 through 21 and the West half of Lot 22, Block 4,
Ragsdale's Addition, an Addition to the City of Newton, Harvey County, Kansas. The
estimated cost of the project is $344,873.13 with 15.128% being assessed to the
improvement district and 84.872% to the City at large. The Resolution is assigned 1-974
and is contained in Volume C of Improvement Resolutions.
C. Consider an Ordinance establishing Sewer District l-A.
This Ordinance creates Sewer District' l-A in the City of Newton, Kansas and is assigned
No. 4407-02 and is contained in Volume W of Ordinances.
D. Set date and time to receive bids for sewer extensions (March 25 at 10:OO is
suggested)
3. Approve plans and specifications and set bid date for the Wellness Center
improvements. (April 8 at 11:OO is suggested)


March 12,2002
15. New Business.
16. Adjournment.
There being no fwther business to come before the Commission, the meeting adjourned
at 10:04 p.m.
ATTEST:

March 12,2002
WHEREAS, a Petition was filed with the City Clerk on the 22nd day of January ,2002,
proposing the followingimprovement: construction of a sanitary sewer lineextension and a lift
station to serve-the belowdescribed property-in Ragsdale's Addition (Sewer District No. 1-A)
setting forth: (a) the general nature of the proposed improvement; @) the estimated or probable
c o a (c) the extent of the proposed ifnprovement district to be assessed; (d) the proposed method
City at large; and (f) the request t h a t w h improvement be made without notice of hearing as
requirzd ~?K:S.A. 12-6a04, as meed&; and
WREREAS, the Governing Body did on the 12th day of March, 2002, frnd such Petition
BE IF ORJ&4EVED BY THEGOVERNING BODY OF THE CITY OF NEWTON,

KANSAS:
SECTION 1. The ~ o v e r n i Body

n ~ hereby finds and finally determines that: (a) it is
construction of a sanitaty-sewer lipe extension-and lift station to serve the belowdescribed
property in Ragsdale's Addition(Sewer District No. 1-A); (b) the estimated or probable cost of
such improvement is $=13; (c) the boundary of the improvement district shall be:
. Lot lA, lock 14, of a replat of Lots 1through'21 and the we& half of
Lot.22, Block 14, Ragsdale's Addition, an Addition to the City of Newton,
.
, i.
..
H & ~ $ : - . . ~ ~
-: -- ~. - - . ~ . ;
, ~ ~ ~ ~
. .
. .
.- . - . - . . . . .
(d) the method & a s ~ ~ ~ s ~ & t .be: a l l lot in the &nProvement district to bear equal
~ heach
assessment; (e) the -apportionme$ of cost'betwe@:iheimprovement district and the City at large
shall be: 15:128% io-beas&ed again& the improve&ent district, and 84372%t6 be paid by the
. . - ..
-.
City at large. -- .- *. .. : -.
. .. .

bonds to be issued to reimburse expen&tures made after this date pursuant to Treasury
Regulations.
- -
SECTION 3. This Resolution shall be published one time in the official City newspaper ..
and shdl also be filed of record in the Office of the Register of Deeds of Harvey County, Kansas. +
d-
PASSED AND ADOPTED this 2th day of March, 2002.
ATTEST:
(First published in THE NEWTON

, KANSAN, March 16,2002.) Dennis. R. Garrison
b'erng frrst duly sworn, deposes and says: That h e is Advertising
RESOLUTION NO. Manager of
The Newton Kansan
I WHEREAS, A Petition was Bled
with the City Clerk on the 22nd day of
January, 2002, proposing the following
in and'of general circulation in Harvey County, Kansas, with gen-
: improvement: construction of a sanitary eral aid circulation on a dail basis in Harvey Count Kansas,
sewer line extension and a l i i station to ? n d h a t said newspaper i s no! a trade, religious or frairnal pub-
serve the below-described property in laat~on.
Ragsdale's Addition (Sewer District No.
1-A) setting forth. (a) the general nature Said newspaper is a dail published a t least weekly 5 0
of the proposed improvement; (b) the times a year; h a s been s o publisied continuously and uninter-
estimated or probable cost; (c) the
extent of the proposed improvement dis- ruptedly rn said count a n d state for a period of more than five
trict to be assessed; (d) the proposed year? prior to the first!pblication of sard notice; and has been
method of assessment; (e) the proposed admrtted a t the post o Ice of Newton, Kansas In sard County as
apportionment of cost between the second class matter.
improvement district and the City at
large; and (0 the request that such That the attached notice is a true copy thereof and
improvement be made without notice of w a s published In the regular and entrre Issue of sard newspaper
hearing as required by K.S.A. 12-6a04,
as amended; and for One consecutive weeks, the first publication
WHEREXS, the Governing Body did
on the'l2th day of March, 2002, find thereof being made as aforesaid on the 16th
THEREFORE, Day of March , 2002, with
NEWTON, KANSAS:
the Endings of the governing body, to
line extension and a l i i station to serve
the below-described property in
Ragsdale's Addition (Sewer District No. Subscribed and sworn to before m e this 19th day of
1-A); b)the estimated or probable cost
of such improvement is: $344,873.13; (c)
the boundary of the improvement dis-
trict shall be:
Lot lA, Block 14, of a replat of Lots
1through 2 1 and the West half of Lot
22, Block 14, Ragsdale's Addition, an
Addition to the City ofNewton, Harvey My commission expires: October 18. 2004
County, Kansas;
Printer's Fees $ 98.05 Res. 1-974
(dl the method of assessment shall be;
bear equal assessment; (e) the appor-.
be: 15.128%.to be assessed against the
improvement district, and 84.872% to
be paid by the City.at large.
! Regulations.

be published one time in the. official
record in the Offlce of the Register of
Deeds of Harvey County,.Kansas.
day of March, 2002.
/S/ H.
brant Scott
Mayor
ATPEST:
FEASIBILITY REPORT
Date: 1- 17-2002
Project No. 02ST000002
TO: Governing Body

City of Newton
Newton, Kansas
Gentlemen:
A. General Nature of Project: Construction of Street Improvements in Westhaven Third Addition on Countrv
Lane & West 17thStreet
C. Improvement District: Lots 9-15 Block 1 & Lots 1-11 Block 2: Westhaven Third Addition to the City of
Newton
D. Method Assessment: Each lot in the Improvement District to bear equal assessments
Improvement District 97.52 % Est. Total $151,651.28
City at Large 2.48 % Est. Total $ 3,858.25
Estimated Total Cost 100 % $155.509.53
F. Recommendations:
THE CITY OF NEWTON

WESTHAVEN THIRD - PHASE 2
STREET BENEFIT DISTRICT

Construction of street improvements in Westhaven Third Addition on Country Lane & West 17" Street
amended.

Lots 9-15, Block 1; & Lots 1-11, Block 2; Westhaven Third Addition of the City ofNewton, Kansas
97.52% to be assessed against the improvement district and 2.48% to be paid by the City at large.
We fwther request that such improvement be made without notice and hearing as required in
- We understand that names may not be withdrawn from this petition after the governing body
occurs first.
Signature Address of Residence Improvement District Signing
------------------------------------- --------------
Date Filed /-J*& L
January 22,2002
2002 in the City Commission room at 201 East 6th Street. Attending were Vice Mayor
Roberson, and Commissioners Harris, Heck and Loescher. Also attending were City Manager
Heinicke, City Attorney Myers, City EngineerJDPW Loomis, Director of FinanceJCity Clerk
Ahsmuhs, Director Community Development Johnson, and Deputy Clerk Duerksen. Mayor
Scott was absent.
Dr. Bill Denton of the Church of Christ provided the invocation. The Vice Mayor then
led in the Pledge of Allegiance to the US Flag and presided over the items of business.
CONSENT AGENDA
1. Review minutes of January 8,2002 Commission meeting.
2. Westhaven Third
A. Receive petitions, plans and specifications for construction of curb and

gutter and other related street appurtenances to serve Westhaven Third
Addition.
B. Consider a Resolution finding advisable and authorizing the construction

of curb and gutter and other related street appurtenances.
This Resolution finds advisable and authorizes the extension of street pavement, curb and
gutter in Westhaven Third Addition. The property is described as Lots 9 through 15, Block 1
and Lots 1 through 11, Block 2, Westhaven Third Addition to the City of Newton, Harvey
County, Kansas. Cost of the improvement is estimated at $155,509.53 with 97.52% to be
assessed against the improvement district and 2.48% to be paid by the City at large. This
C. Set date and time to receive bids for streets (February 11 at 10:OO a.m. is
suggested).
3. Receive annual Engineering data report.
4. Consider an application for renewal of a Cereal Malt Beverage License for

Fox Ridge Golf, Inc. (general retailer).

FUZGULAR AGENDA

January 22,2002
15. Old Business.
Vice Mayor Roberson noted a thank you letter has been received by Steve Flesher for the
City's support of the air service development efforts. The City pledged $3,000 to the Fair Fares
campaign. She also welcomed Assistant Chief Stults back to duty.
Commissioner Harris reported he was in Topeka and ran into Matt Schlapp who works
for the OMB office and talked with him about MSA. Mr. Schlapp was very interested in the
issue and requested more information about it.
City EngineerIDPW Loomis showed the recycling magnets that are available to the
public. They are another step in public education. She also reported that Channel 10 visited
with staff regarding the recycling cases that will be going to court.
16. New Business.
Commissioner Harris reported he has been getting a number of complaints about the two
gas stations that have come down and look bad. He was informed that site clearance at 1 2 and
~ ~
Main wodd begin in March. Staff will check into the other property. He also reminded the
Commission that they need to be thinking about Congress of Cities meeting in Washington DC.
17. Adjournment.
There being no further business to come before the commission, the meeting adjourned at
8:59 p.m.
Mayor "
ATTEST:
City Clerk

January 22,2002
RESOLUTION NO. r-9 '23
WHEREAS, A Petition was filed with the City Clerk on the 2d day of Jlo .wary ,
20aproposing the following improvement: Extension of street pavement, curb an.d gutter in
Westhaven Third Addition, setting forth: (a) the general nature of the proposed improvement;
(b) the estimated or probable cost; (c) the extent of the proposed improvement district to be
assessed; (d) the proposed method of assessment; (e) the proposed apportionment of cost
between the improvement district and the City at large; and (0the request that such
WHEREAS, the Governing Body did on the 22nd day of January 2002, find such Petition

KANSAS:
Extension of street pavement, curb and gutter in Westhaven Third Addition; @) the estimated or
probable cost of such improvement is: $155,509.53; (c) the boundary of the improvement
district s h d be:
Lots 9 through 15, Block 1 and Lots 1 through 11, Block 2; Westhaven
Third Addition to the City of Newton, Harvey County, Kansas;
(8) the method of assessment shall be: each lot in the improvement district to bear equal
shall be: 97.52% to be assessed against the improvement district, and 2.48% to be paid by the
City at large.

bonds to be issued t~ reimburse expenditures made after this date pursuant t~ Treasury
%ie,dations.
SECTION 3. This Resolution shall be.published one time in the official City newspaper
and shall. also be filed of record i
nthe Office of the Register of Dee& of Harvey County, Kansas.
..
PASSED AND ADOPED this 22nd day of January, 2002. n
(~i;stpublished in THE NEWTON Dennis R. Garrison
KANSW, January 26,2002.) being first duly sworn, deposes and says: That h e is Advertising
Manager of
RESOLUTION NO. W3
WI@REA$, A Petition was filed The Newton Kansan
with the City CIerk on the 22nd day of a dail newspaper printed in the State of Kansas, and published
Janualy, 2002, proposing the following in andlof general circulation in Harvey County, Kansas, with gen-
intprovemenk Extension of street pave- eral aid circulation on a daily basis in Harvey Coun Kansas,
ment, curb and gutter in Westhaven and&at said newspaper is not a trade, religious or fraxrnal pub-
Thiid'~ddition,setting forth: (a) the licatlon.
general nature of the proposed improve-
ment; (b)the estimated or probable cost; Said newspaper is a dail published at least weekly 5 0
(c) the extent of the proposed improve- times a year; h a s been s o publisxed continuously and uninter-
ment &'trict to be assessed; (d) the p~ ruptedly rn said county and state for a period of more than five
posed method of assessment; (e) the pro- years prior to the first ublication of sard notice; and has been
posed apportionment of cost between admitted a t the post offfce of Newton, Kansas in said County as
the improvement district and the City second class matter.
at large; and (0the request that such
Improvement be made without notice of That the attached notice is a true copy thereof and
hearing as required by K.S.A. 12-6aO4, w a s publrshed In the regular and e n t ~ r eIssue of sard newspaper
as amended; and
WHEREAS, the Governing Body did for One consecutive weeks, the first publication
on the 22nd day of January, 2002, fmd
such Petition to be sufficient, NOW thereof being made as aforesaid on the 76th
THEREFORE,
BE IT O~DAINEDBY THE GOV- Day of January , 2002, with
ERNING BODY OF THE CITY OF subsequent publications being made on the following dates:
NEWTON, KANSAS:
.A.
"':. SECTION 1. The Governing Body
&&by finds anBfjpally determines,,
6%: (a) @radvisabl'e.'e.y?pke the fok-.:
lowing i r h p e m e n t , % % t p following
mpkovem, nt 1s herebfr aut orized and*
and gutter in Westhaven Third
Addition; (b) the estimated or probable
Cost of such improvement IS:
$155.509.33; (c) the boundary of the Subscribed and sworn to before m e this 28th day of
improvement district shall be:
Lots 9 through 15, Blwk 1,and Lots January ,2002. n
1through 11,Block 2; Westhaven Third
Addition to the City of Newton, Harvey
County, Kansas;
_C)s-
Notary Public
!+--
each lot in the improvement district to My commission expires: October 18. 2004
Printer's F e e s $ 95.40 res 1-973 - ., .;
be: 97.52% to be assessed against the
improvement district, and 2.48% to be
after this aate pursuant to Treasury
Regulations.
be published one t i e in the official
' PASSED AND ADOPTED this 22nd
IS/Marjorie L. Roberson
Vice-Mayor
ATTEST:
1st Ronald R. Ahsmuhs
City Clerk
Water, Phase 2
ITEM UNIT
NO. PRICE
1 WL Pipe 8 (D152) 2505 LF 22.00
2 WL Pipe 6 (D152) 670 LF 20.00
3 Fire Hydrant Assembly 6 EA 2200.00
4 6" Valve Assembly 2 EA 1000.00
5 8 Valve Assembly 2 EA 1000.00
6 2 Blowoff Assembly 3 EA 500.00
7 Site Clearing and Restoration 1 LS 3000.00
8 Contingency 1 LS 5000.00
Estimated Construction Cost
Design Engineering and Staking, Inspection and Administration
Total
0
34
WATER BENEFIT DISTRICT 23-B

PETITION FOR IMPROVEMENTS - PHASE 2

Construction of Water Distribution System
amended.
The estimated or probable cost of such improvement is $ 114,500.00 (One Hundred Fourteen
Thousand, Five Hundred Dollars).
Lots 1 through 7, Block 1; within Autumn Glen 2ndAddition

Lots 8 through 26, Block 4; Lots 9 through 15, Block 5; Lots 33 and 34, Block 3;
and Lot 8, Block 2; within Autumn Glen Addition.
The proposed method of assessment is: Lots 1-7, Block 1; within Autumn Glen 2"dAddition; Lots
8-26, Block 4; Lots 9-15, Block 5; Lot 33, Block 3, and Lot 8, Block 2; within Autumn Glen Addition;
shall each pay 1145 of the total cost payable by the improvement district. Lot 34, Block 3; within
Autumn Glen Addition; shall pay 10145 of the total cost payable by the improvement district.
We further request that such lmprovement be made without notice and hearing as required in K.S.A.
12-6a04 as amended.
commences consideration of this petition or later than seven (7) days after filing, whichever occurs
first.
".----
I
W u r e
\
Address of Residence Improvement District Signing
/
Lots 1-7, Block 1;
Autumn Glen 2nd Addition

Lots 33 & 34. Block 3, Lot 8, Block 2;
-. Autumn GI& ~dditio"
,.> w ,i , s&&&J
;;Yanlce K. Harder I
Date Filed
June 25,2002
in the City Commission room at 201 East 6" Street. Attending were Mayor Roberson, Vice
Mayor Heck, and Commissioners Harris and Loescher. Also attending were City Manager
Heinicke, City Attorney Myers, City EngineedDPW Loomis, Director of FinanceICity Clerk
Ahsmuhs, Community Development Director Johnson, and Deputy Clerk Duerksen.
Commissioner Scott was absent.
Pastor Bernie Dickson, First Church of the Nazarene, provided the invocation. The
business.
CONSENT AGENDA
1. Review minutes of June 11,2002 Commission meeting.
2. Receive Financial Reports for May 2002.
3. Autumn Glen Phase II
A. Receive plans and specifications for sewer and water lines to serve Autumn Glen
Addition, Phase 11.

sewer lines to serve Sewer District 344%.
Sewer District 34-B. The property is described as Lots 1 through 7, Block 1, Autumn Glen znd
Addition, an Addition to the City of Newton, Harvey County, Kansas; and Lots 8 through 22,
Block 4; Lots 9 through 15, Block 5; Lots 33 and 34, Block 3; and Lot 8, Block 2; all in Autumn
Glen Addition, an Addition to the City of Newton, Harvey County, Kansas. Cost of the
improvement is estimated at $129,500 with 100% to be assessed to the improvement district and
0% to be paid by the City at large. This Resolution is assigned Improvement Resolution 1-977
C. Consider an Ordinance creating Sewer District 34-B.
This Ordinance creates Sewer District 34-B in the City of Newton, Kansas and is ..
assigned Ordinance No.4412-02 a .is contained in Volume W of Ordinances

water lines to serve Water District 23-B.
This Resolution fmds advisable and authorizes the construction of sewer lines to serve
Water District 23-B. The property is described as Lots 1 through 7, Block 1, Autumn Glen 2"

June 25,2002
,- .-,
i -' . .. .
I
-.
improvement is estimated at $114,500.00 with 100% to be assessed to the improvement district
and 0% to be paid by the City at large. This Resolution is assigned Improvement Resolution I-
978 and is contained in Volume C of Improvement Resolutions.
E. Consider an Ordinance creating Water District 23-B.
This Ordinance creates Water District 23-B in the City of Newton, Kansas and is
assigned Ordinance No.4413-0 and is contained in Volume W of Ordinances.
F. Set date and time to receive bids for sewer and water (July 11 at 10:00 a.m. is
suggested).
4. Consider a Resolution of Support of tax credit application for development of

affordable rental housing for Chapel Ridge.
This is a Resolution of Support of a tax credit application for development of affordable

rental housing by ERC Properties, Inc. for construction of 128 living units, 64 which will be
subject to tax credits. The property is described as: Lots 1, 2, 3, 4, 7, 8, 9 and 10 of Block 2,
and lots 9, 10,11, 12, 13, 14, 15, 16. 17, 18, 19, 20, 21, 24, 25,26, 27, 28, 29, 30, 31 and 32 of
Block 3, all in Smalley Addition to the City of Newton, Harvey County, Kansas, EXCEPT that
II
part taken by Atchison, Topeka and Santa Fe Railway for railway purposes. This Resolution is
assigned No. G-843 and is contained in Volume E of General Resolutions.
Mayor Roberson reappointed Jack Thaw to the Community Corrections Advisory Board.
MOTION: Vice Mayor Heck moved and Commissioner Loescher seconded to

approved the Consent Agenda as amended. Motion carried 4-0.
REGULAR AGENDA
5. Citizen's Forum.
A. Employee Recognition
Officer Bryan Hall was recognized for his life saving assistance of Mr. Lewallen, who
had fallen out of his wheelchair and was not breathing. Officer Hall was able to revive Mr.
Lewallen, who is doing well. Due to Officer Hall's quick response to a citizens request for help,
Mr. Lewallen is alive with minimal after effects. (It was noted that Officer Hall was not on duty
when the incident happened.) Brian Human thanked Officer Hall on behalf of the family.
Lynette Reddington, Harvey County PartnershipICommunity in Schools, presented the

'Children's Friend of the Month' award to Detective T-Walton and thanked him for his
contribution to children in the community.
John Wiebe commented on the aviation fly-in at the airport which was held Saturday,
June 22. It was a very active day with planes in fiom Oklahoma, Texas and Missouri. He was
disappointed in the lack of attendance from the Newton community at this event. He then asked

June 25,2002
to accept the new contract with the Caring Hands Humane Society. Motion
carried 4-0.
The City Attorney then reported that the City needs to quit claim back to Newton Healthcare
Corporation the old Bethel Hospital site. The original IRB issue under which the new hospital
was built included the deeding to the City of both the old and the new hospital sites. When the
original IRBs were replaced by their refunding bond issue, the old site was supposed to have
been released back to the hospital corporation at some point. In preparing to sell the old hospital
site they discovered that it was still titled in the name of the City. This has gone the approval
route through bond counsel and the Bond Trustee, and everyone agrees this property is no longer
to serve as security for the current bond issue and has approved this transfer back to the hospital
corporation.
MOTION: Commissioner Harris moved and Vice Mayor Heck seconded to

deed the old Bethel Hospital property back to the Newton Healthcare Corporation.
Motion carried 4-0.
Commissioner Harris introduced the Boy Scouts attending the meeting to pick up their
Citizenship Badge.
13. New Business.

Director of FinanceICity Clerk Ahsmuhs reported that seven fireworks permits have been
issued to date.
14. Adjournment.
ATTEST:

June 25,2002
WHEREAS, a Petition was filed with the City Clerk on the a d day of April ,
2002, proposing the following improvement: construction of a water line enension to serve the
below-described property in Autumn Glen 1st and 2nd Additions (Water District No. 23-B)
setting forth: (a) the general nature of the proposed improvement; (b) the estimated or probable
cost; (c) the extent of the proposed improvement district to be assessed; (d) the proposed method
City at large; and (0 the request that such improvement be made without notice of hearing as
WHEREAS, the Governing Body did on the 25th day of June, 2002, find such petition to
be sufficient,NOW THEREFORE,
BE IT RESOLVED BY TIIE GO'CrERNINGBODY.OF THE CITY OF NEWTON,

KANSAS:,. .. . . . . ...
. .
.
advisable to make the following improvement, and the followingimprovement is hereby
authorized Bnd ordered to .bemade inaccordance with the Rndings of .the governing body, to kt:
construction of a water line extension to serve the belowdescribed property in Autumn Glen 1st
and 2nd Additions (Water District No. 23-B); (b) the estimated or probable cost of such -
improvement is $114,500.00; (c) the boundary of the improvement district shall be:
- --
Lots 1through 7, Block 1, Autumn Glen 2nd Addition, an Addition to the
City of Newton, Harvey County, Kansas; and
Lots 8 through 26, Block 4; Lots 9 through 15, Block 5;Lots 33 and 34,
Block 3; and Lot 8, Block 2; all in Autumn Glen Addition, an Addition to
(d) the methad of asessmect s W be that e x h lot in the i m p r o v e ~ edistrict-

~t except Lot 34,
Block 3, Autwnn Glen Addition, shall bear equal assessment as to 1/45 of the total cost payable
by the improvement distTict, and Lot 34, Block 3, Autumn Glen Addition, shall pay 10145 bf the
total cost payable by the improvement district; (e) the apportionment of cost between the
improvement district and the City at large shall be 100% to be assessed against the improvement
district, and 0% to be paid by the City at large.

Regulations.
and shall also be filed of record in the Office of the Register of Deeds of Harvey County,Kmsas.
PASSED AND ADOPTED this 25th day of June, 2002.

-
7
&t published& THE NEWVN

KANSAN, dune 28,2002.)
-AFFIDAVIT OF PUBLICATION
Douglas J. Anstaett
being first duly sworn, deposes and says: That he is Editor and
WHEREAS,' A Petition was filed Publrsher of
with the City Clerk on the 23rd day of
April, 2002, proposing the following The Newton Kansan
_ improvement: cohstwction of a water
described property in Autumn Glen
in andiof general circulation in Harvey County, Kansas, with gen-
Water District No. 23-B) setting forth.
eral paid circulation on a daily basis in Harvey Count Kansas,
(a) the generq aafure of the propoged and that said newspaper is not a trade, religious or fra&rnal pub-
improvement;b) the estimated Gr'prbb- lication.
&le vet; Cc)rttnhxte&ofthe pdp%e&-
improvementd@trictto be asaesged, (dl Said newspaper is a dail published at least weekly 50
the prbposedrmetbod of assessm&t$te) times a year; has been so p u b l d e d cont~nuouslyand unmter-
the proposed apportionment of cost ruptedly rn said countv and state for a oeriod of .more
.. -than. five
~ ~ .- .
between the improvement district and years prior to the firsf publication of said notice; and has been
the City at large; and (0the request admitted at the post offlce of Newton, Kansas In sald County as
thak such improvement be made with- second class matter.
out notice of hearing as required by
K.S.A. 12-6a04, as amended; and That th,e attached notice is a true copy thereof and
was publ~shedrn the regular and entrre Issue of sald newspaper
V~IEREAS, the Governing Body did
on the 25th day of June, 2002, find such
Petition to be sufficient, NOW'TI-XERE- for One consecutive weeks, the first publication
FORE,
' thereof being made as aforesaid on the 78th
ERNING BODY OF THE CITY OF Day of June , 2002, with
NEWTON, KANSAS: ,
erty in Autumn Glen 1% and 2nd
Additions (Water District No. 23-B); (b)
the-estimated or probable cost of such
improvement is $114500.00; (c) the
boundary of the improvement district Subscribed and sworn to before me this 1st day of
shall be:
Lots 1through 7, Block 1,Autumd
Glen 2nd Addition, an Addition to the'
City of Newton, Harvey County,
Kansas; and.
Lots 8 through 26, Block 4; Lots 9
through 15, Block 5; Lots 33 and 34, My commission expires: October 18. 2004
Block 3; and Lot 8, Block 2; all in
Autumn Glen Addition, an Addition to Printer's Fees $ res no 1-978 110.00
the City of Nebton, Harvey County,
Ifansas. ,
(d) the method of a s s e s s ~ e n shall
t be
that each lot in the improvement dis-
trict, except Lot 34, Block 3, Autumn
Glen Addition, shall bear equal assess-
ment as to 1/45of the total cost payable
by the improvement district, and Lot
34, Block 3, Autumn Glen Addicon,
shall pay 10145 of the total cost payable
by the improvement district; (el the
apportionment of cost between the
large, shall be: 100% to be assessed
against the improvement district, and
0% to be paid by the City at large.
eral obligation bonds; said bonds to be
isbued to reimburse expenditures made
Reblations.
record in the Office of the (Register of
~ e k d of
s Harvey County, Kansas.
,PASSEDAND ADOEYPEDthis 25th
day of June, 2002: .
1st Marjorie L. Roberson
Mayor
Sanitary Sewer, Phase 2
ITEM
NO. PRICE
1 SS Pipe 8" 2367 LF 25.00
2 Manholes I0 EA 2500.00
3 Cleanout I EA 600.00
4 Connect to Exist. Cleanout 2 EA 400.00
5 Tree Service 9 EA 1000.00
6 Flowable Fill 120 LF 40.00
7 Site Clearing & Restoration 1 LS 3500.00
8 Contingency (5%) I LS 5000.00
Estimated Construction Cost
Design, Engineering, Staking, Inspection and Administration
Total
\\MKECI\VOL4\WP\PROJECT\2OOO\OO2O6\Petitions\sanitary
sewer Ph2.doc
C -
ADDITION
SANITARY SEWER
BENEFIT DISTRICT 3 4 - 0
~ PETITION FOR IMPROVEMENTS - PHASE 2

II Construction of Sanitary Sewer Improvements
amended.
The estimated or probable cost of such improvement is $129,500.00 (One Hundred Twenty Nine
Thousand Five Hundred Dollars).
Lots 1 through 7, Block 1; Autumn Glen 2ndAddition

Lots 33 and 34, Block 3; and Lot 8, Block 2; Autumn Glen Addition
The proposed method of assessment is: Lots 1-7, Block 1; within Autumn Glen 2ndAddition; Lots
8-22 Block 4; Lots 9-15, Block 5; Lot 33, Block 3; and Lot 8, Block 2; within Autumn Glen Addition;
shall each pay 1/41 of the total cost payable by the improvement district. Lot 34, Block 3; within
Autumn Glen Addition; shall pay 10141 of the total cost payable by the improvement district.
We further request that such improvementbe made without notice and hearing as required in K.S.A.
12-6a04 as amended.
commences consideration of this petition or later than seven (7) days after filing, whichever occurs
first.
,/
../- Address of Residence
Within Proposed
Improvement District
Time of
Signing
,..
q2?ddd
Ronald J. Harder
Lots 1-7, Block 1;
Autumn ~l~~ 2lld~dditi~~

Lots 33 & 34, Block 3; and Lot 8, Block 2;
Date Filed a
City Clerk $-23-;2~~ia..
\\MKEC1\VOL4\WP\PROJECT\2000\00206\Petitions\sanita sewer Ph2.doc -

June 25,2002
in the City Commission room at 201 East 6m Street. Attending were Mayor Roberson, Vice
Mayor Heck, and Commissioners Harris and Loescher. Also attending were City Manager
Ahsmuhs, Community Development Director Johnson, and Deputy Clerk Duerksen.
Commissioner Scott was absent.
Pastor Bernie Dickson, First Church of the Nazarene, provided the invocation. The
business.
CONSENT AGENDA
I 1. Review minutes of June 11,2002 Commission meeting.
I 2. Receive Financial Reports for May 2002.
I 3. Autumn Glen Phase I1
A. Receive plans and specifications for sewer and water lines to sewe Autumn Glen
Addition, Phase 11.

sewer lines to sewe Sewer District 34-B.
Sewer District 34-B. The property is described as Lots 1 through 7, Block 1, Autumn Glen 2nd
improvement is estimated at $129,500 with 100% to be assessed to the improvement district and
0% to be paid by the City at large. This Resolution is assigned Improvement Resolution 1-977
I C. Consider an Ordinance creating Sewer District 34-B.
This Ordinance creates Sewer District 34-B in the City of Newton, Kansas and is :
assigned Ordinance No.4412-02 and is contained in Volume W of Ordinances

water lines to sewe Water District 23-B.
I Water District 23-B. The property is described as Lots 1 through 7, Block 1, Autumn Glen 2nd

June 25,2002
and 0% to be paid by the City at large. This Resolution is assigned Improvement Resolution I-
978 and is contained in Volume C of Improvement Resolutions.
E. Consider an Ordinance creating Water District 23-B.
This Ordinance creates Water District 23-B in the City of Newton, Kansas and is
assigned Ordinance No.4413-0 and is contained in Volume W of Ordinances.
F. Set date and time to receive bids for sewer and water ( J U I 11
~ at IO:OO a.m. is
suggested).
4. Consider a Resolution of Support of tax credit application for development of

affordable rental housing for Chapel Ridge.
This is a Resolution of Support of a tax credit application for development of affordable

rental housing by ERC Properties, Inc. for construction of 128 living units, 64 which will be
subject to tax credits. The property is described as: Lots 1,2, 3,4,7, 8,9 and 10 of Block 2,
and lots 9, 10,11, 12, 13, 14, 15, 16. 17, 18, 19,20, 21, 24,25,26, 27,28, 29, 30, 31 and 32 of
Block 3, all in Smalley Addition to the City of Newton, Harvey County, Kansas, EXCEPT that
part taken by Atchison, Topeka and Santa Fe Railway for railway purposes. This Resolution is
assigned No. G-843 and is contained in Volume E of General Resolutions.
Mayor Roberson reappointed Jack Thaw to the Community Corrections Advisory Board.
MOTION: Vice Mayor Heck moved and Commissioner Loescher seconded to

approved the Consent Agenda as amended. Motion carried 4-0.
REGULAR AGENDA
5. Citizen's Forum.
A. Employee Recognition
Officer Bryan Hall was recognized for his life saving assistance of Mr. Lewallen, who
had fallen out of his wheelchair and was not breathing. Officer Hall was able to revive Mr.
Lewallen, who is doing well. Due to Officer Hall's quick response to a citizens request for help,
Mr. Lewallen is alive with minimal after effects. (It was noted that Officer Hall was not on duty
when the incident happened.) Brian Hwman thanked OfficerHall on behalf of the family.
Lynette Reddington, Harvey County Partnership/Community in Schools, presented the

'Children's Friend of the Month' award to Detective T-Walton and thanked him for his
contribution to children in the community.
John Wiebe commented on the aviation fly-in at the airport which was held Saturday,
June 22. It was a very active day with planes in from Oklahoma, Texas and Missouri. He was
disappointed in the lack of attendance from the Newton community at this event. He then asked

June 25,2002
to accept the new contract with the Caring Hands Humane Society. Motion
carried 4-0.
The City Attorney then reported that the City needs to quit claim back to Newton Healthcare
Corporation the old Bethel Hospital site. The original IRB issue under which the new hospital
was built included the deeding to the City of both the old and the new hospital sites. When the
original IRBs were replaced by their refunding bond issue, the old site was supposed to have
been released back to the hospital corporation at some point. In preparing to sell the old hospital
site they discovered that it was still titled in the name of the City. This has gone the approval
route through bond counsel and the Bond Trustee, and everyone agrees this property is no longer
to serve as security for the current bond issue and has approved this transfer back to the hospital
corporation.
MOTION: Commissioner Ekmis moved and Vice Mayor Heck seconded to

deed the old Bethel Hospital property back to the Newton Healthcare Corporation.
Motion carried 4-0.
Commissioner Harris introduced the Boy Scouts attending the meeting to pick up their
Citizenship Badge.
13. New Business.

Director of FinanceICity Clerk Ahsmuhs reported that seven fireworks permits have been
issued to date.
14. Adjournment.
There being no ikther business to come before the Commission, the meeting was
adjourned at 9:25 p.m. '
ATTEST:
City Clerk

June 25,2002
. .
-
WHEREAS,a Petition was filed with the City Clerk on the23rd day of A p r i l
2002, proposing the following improvement: construction of a sanitary sewer line extension to
7
serve the below-described property in Autumn Glen 1st and 2n'd Additions (Sewer District No.
3443) setting forth: (a) the general nature of the proposed improvement; (b) the estimated or
probable cost; (c) the extent of the proposed improvement district to be assessed; (d) the
proposed method of assessment; (e) the proposed apportionment.of co& behveen the
improvement district and the City at large; and (f) the request that sucki improvement be made
without notice of hearing as required by K.S.A. 12-6a04, as amended; and
- WHEREAS, the Governing Body did on the 25th day o $ 3 u ~ 2 0 0 2 find

, such Petition to
be suilicient, NOW THTREFOIIE,
BE IT RESOLVED BY THE GOVERNING BODY OF TEE CITY OF NEWTON,

KANSAS:
SECTION I. The Governing Body hereby finds and finally determines that: (a) it is
authorized a d ordered to be made in accodance with the findingsof the governing body, to wit:
construction of a sanitary sewer h e extension to serve the below-desciibed property in Autumn
Glen 1st ang2nd Additions (Sewer District No. 34-B); (b) the estimated or probable cost of such
improvement is $129,500.00; (c) the boundary of the improvement--&strict shall be:
Lots 1 through 7, Block 1, Autumn Glen 2nd adi it ion, an Addition to the
City of Newton, Harvey County,Kansas; and -
Lots 8 through 22, Block 4; Lots 9 through 15, Block 5;Lots 33 and 34,
Block 3; and Lot 8, Block 2; all in Autumn Glen ~dditi'?gan Addition to
(d) the method of zssessinent shall be *&at each lot in the k2nvement district, ace$ Lot 34,
Block 3, Autunnn Glen Addition, shall bear equal assessment as to 1/41 of the total cost payable
by the improvement district, and Lot 34, Block 3, Autumn Glen ~ d x o nshall , pay ---_
10/41 of the
total cost payable by the improvement district; (e) the apportionment of cost between the
improvement district and the City at large shall be 100% to be assessed against the improvement
district, ancb 0% to be paid by the City at large.
SECTION 2, Pursuant to K.S.A. 12-6a14, said public improvements are hereby

Regulations.
and shall also be filed of record in the Officeof the ~ e s s t eof
r ~ e e d of
. .
PASSED AND ADOPTED this 25 th day of June, 2002.
ATTEST:
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City Cleric . . ,
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'HARVEYCOUNTY, STATE OF KANSAS . .
. .. . . - -.
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--
(First pubphed in THE NEWTON
KANSAN, June 28,2002.) STATE OF KANSAS, COUNTY OF HARVEY ss
Douglas J. Anstaett
Publrsher of
WHEREAS. A Petition wasf fded
with the City Clerk on the 23rd day of The Newton Kansan
April, 2002, proposing the following a dail newspaper printed in the State of Kansas, and published
improvement: wnstructipn of a water in andlof general circulation in Harvey County, Kansas, with gen-
line extension to serve the below- eral paid circulation on a daily basis in Harvey Count , Kansas,
described property in Autumn Glen let ?nd!hat said newspaper is not a trade, religious or fra&rnal pub-
and 2nd Additions (Sewer D i i c t No.
' 34-B) setting forth: (a) the general Ilcat~on.
nature of the proposed improvement; (b)
the eetimated or probabie cost; (c) the Said newspaper is a dail published at least weekly 50
extent of the proposed improvement dis- times a year; has been so publisxed continuously and uninter-
trict to be assessed, (d) the proposed ruptedly in said county and state for a period of more than five
method of assessment; (e) the proposed years prior to the first ublication of s a ~ dnotice; and has been
apportionment of cost between the admitted at the post oftce of Newton. Kansas in said County as
improvement district and the City at second class matter.
large; and (0 the request that such
improvement be made without notice of That th,e attached notice is a true copy thereof and
hearing a s required by K.S.A. 12-6a04, was published In the regular and entlre Issue of sa~dnewspaper
as amended; and
WHEXEAS, the GoverningBody did for One consecutive weeks, the first publication
on the 25th day of June,-2002, fmd such
-'Petition to be sufficient, NOW THERE- thereof being made as aforesaid on the 78th
FORE,
. - . :.
Day of June , 2002, with
NEWTON, KANSAS:
that: (a) it is advisable to make the folr
the findings of the governing pody, to
descriljed property in Autumn Glen 1st
and 2nd Additions (Sewer District No.
34-B); (b) the estimated or probable wst Subscribed and sworn to before me this 1st day of
of such improvement is $129,500.00; (c)
the boundary of the improvement dis-
trict shall be:
Lots 1through 7, Block 1,Autumn
Glen 2nd Addition, an Addition to the
City of Newton, Harvey County,
Kansas; and My commission expires: October 18. 2004
through 15, Block 5; Lots 33 and 34, Printer's Fees $ Res No. 1-977. 110.00
Block 3; and Lot 8, Block 2; all in
Autumn Glen Addition, an Addition to
the City of Newton, Harvey County,
Kansas.
(d) the method of assessment shall be
that each lot in the improvement dis-
trict, except Lot 34, Block 3, Autumn
Glen Addition, shall bear equal assess-
ment as to 1141 of the total wst payable
by the improvement district, and Lot
34, Block 3,- Autumn Glen Addition,
shall pay 10141of the total cost payable
by the improvement district; (e) the
large shall be: 100% to be assessed
against the improvement district, and
0% to be paid by the City at large.
Regulations.
be publi~hed~one time in the official
City newspaper'and shall also be filed of
day of June, 2002. .
Id Majorie L. Roberson
Paving, Phase 2
ITEM DESCRIPTION QUANTITY UNlT UNlT EXTENSION

NO. PRICE
1 Concrete Pavement 6" 28.00
2 RCVG Pavement 7" 35.00
3 Conc Curb & Gutter
Excavation
Embankment
Borrow (Contractor Furnished)
Inlet Hookup
Signage
5' Curb Inlet 4 EA 2500.00
18" SWS Pipe 262 LF 25.00
24" SWS Pipe 76 LF 35.00
48" SWS Pipe 485 LF 50.00
Manhole (6') 1 EA 3800.00
Flowable Fill 100 LF 40.00
Seeding 1 LS 3500.00
Site Clearing & Restoration 1 LS 6000.00
Contingency 1 LS I5000.00
Sub-Total
Engineering, Admin. Publication, Legal, Etc.
Total
PAVING & INCIDENTAL STORM SEWER PLANS
AUTUMN GLEN ADDITION - PHASE I

NEWTON, KANSAS
OMIS, CITY ENGINEER
? SEC.Cor.35. T23S.
NW
R1E
IER
,
ANY
ME
WlON
flm A
KNOUINC
+
? sw Cor.
AWAY FROM SEC. 33. T23S. R1E
EM E WE.
J E R OF
: NO
ER SURFACES
:O W A O E
IlON CFlER ME
G R T H W O R K SULIMARY 1
'ROJECT
ED IN E A R M W R K
PAVEMENT
EX~VATION
LOOSE FILL
I
COMPACTED FILL
EASEMENT GRAOIbIG
EXCAVATION
FOR INFORMATION ONLY

EXCESS EXCAVATICN TO a€ L;sET
FOR LOT CZADlNG
1 PETITION FOR IMPROVEMENTS - PHASE 2

6" reinforced concrete pavement shall be constructed on Autumn Glen Parkway from the
east line of Lot 7, Block 1, to the north line of Lot 8, Block 2; Autumn Glen Addition; on
Autumn Ridge from the east line of Lot 7, Block 4, to the west line of Duncan; on Duncan
from the south line of Lot 15, Block 5, to the south line of Autumn Glen Parkway; on
Autumn Glen Ct. from the south line of Autumn Glen Parkway to and including the cul-
de-sac serving Lots 18 through 26, Block 4.
amended.
The estimated or probable cost of such improvement is $ 514,000.00 (Five Hundred Fourteen
Thousand Dollarsl
Lots 1 through 7, Block 1; Autumn Glen 2" Addition

Lots 8 through 26, Block 4; Lots 9 through 15, block 5; and Lots 33and 34, Block 3;
Lot 8, Block 2; within Autumn Glen Addition
The proposed method of assessment is: Lots 1-7, Block 1; within Autumn Glen 2ndAddition; Lot
8-26, Block 4;Lots 9-15, Block 5; Lot 33, Block 3; and Lot 8, Block 2; within Autumn Glen
Addition shall each pay 1145 of the total cost payable by the improvement district. Lot 34, Block
3; Autumn Glen Addition; shall pay 10145 of the total cost payable by the improvement district.
We further request that such lmprovement be made without notice and hearing as required in
occurs first.
/'-"-- *ture . Address of Residence Improvement District Signing
&-
/
1
c - c - ~ ,.--
Ronald J. Harder
1 . 5 : - Lots 4-7, Block l;

Lots 33 8 34, Block 3; Lot 8, Block 2;
Date Filed
City Cler
K:\WP\PROJECT\2M)O\OO206\PETITIONS\PAVINGPH2.DOC
August 27,2002
2002 in the City Commission room at 201 East 6'h Street. Attending were Vice Mayor Heck and
Commissioners Harris, Loescher and Scott. Also attending were City Manager Heinicke, City
Attorney Myers, City EngineerDPW Loomis, Director of FinanceICity Clerk Ahsmuhs, Director
of Community Development Johnson and Deputy Clerk Duerksen. Mayor Roberson was absent.
Vice Mayor Heck provided the invocation, then led in the Pledge of Allegiance to the US
Flag and presided over the items of business.
CONSENT AGENDA
2. Receive financial reports for July 2002.

Ordinance.
This Ordinance amends Section 2 1-101 of the Code of the City of Newton, Kansas, to
adopt the 2002 Edition of the Standard Traffic Ordinance for Kansas cities and certain
amendments thereto; and repeals Section 21- 101 of the Code of the City of Newton, Kansas, as
previously amended by Ordinance No. 4380-01 and repeals Ordinance 4380-01 and is assigned
Ordinance 442 1-02 and is contained in Volume W of Ordinances.
Code.
This Ordinance amends Section 17-101 of the Code of the City of Newton, Kansas, to
adopt the 2002 Edition of the Uniform Public Offense Code for cities and certain amendments
thereto; and repeals section 17-101 of the Code of the City of Newton, Kansas, as previously
amended by Ordinance No 438 1-01 and is assigned 4422-02 and is contained in Volume W of
Ordinances.
5. Receive plans and specifications for construction of streets in Autumn Glen, Phase
2, and set date and time to receive bids (September 19 at 10:OO a.m. is suggested).
6. Consider an Ordinance extending the cable TV Franchise Ordinance for an

additional 6 month term.
This Ordinance of the City of Newton, Kansas extends the term of the cable franchise of
Cox Communications, Kansas, LLC for a period not to exceed six (6) months and is assigned
Ordinance 4423-02 and is contained in Volume W of Ordinances.

August 27,2002
7. Library Board appointment - Richard Sadowski - unexpired term of Conrade, term ending 4-
30-03.
ADD'N: Resolution finding advisable and authorizing street improvements in Autumn Glen.
The estimated cost of the project is $514,000.00 with 100% of the project being assessed to the
improvement district. This Resolution is assigned I-980-B.
MOTION: Commissioner Loescher moved and Commissioner Scott seconded

to approve the consent agenda with the addition and staff authorized to negotiate
the final language for the Cox Communication ~ r i c h i s eOrdinance to preserve
current rights. Motion carried 4-0.
REGULAR AGENDA
Citizen's Forum.
There was no one wishing to speak.
Manager's Update.
A public meeting will be held on Sand Creek on August 29 at McKinley from 5:30 - 7:30
p.m. The Corps will unveil their plans for the Sand Creek environmental restoration
project.
Commissioner Scott reported on Experience Newton. This is for High School
sophomores that have been identified as having potential for leadership but haven't
stepped forward yet. This project is similar to Leadership Newton. They learned about
local government and how they work, with presentations by the City of Newton, City of
North Newton and Harvey County.
The CityICounty Airport will sponsor "On A Wing and A Prayer" fly-in breakfast and
worship service September 29. On October 18-19 there will be a regional balloon
festival.
The September 24 Commission meeting will be a neighborhood meeting and will be held
at Kansas Christian Home. The September 10 Commission meeting has been cancelled.
Rep. Tiahrt has called a press conference at 2:00 p.m. at NMC on August 28 to discuss a
matter of serious economic consequence to Harvey County and south central Kansas.
The Chamber has a booth at State Fair. The City is to man the booth on September 12.
The League sees the potential legislative issues for this next year to be State budget
shortfalls, concealed/carry gun issue, triennial water quality standards from EPA to be
reviewed and tax exempt housing again. A meeting on the tax exempt housing will be .
held in Hutchinson tomorrow.
A proclamation was presented to commemorate the one year anniversary on 9-1 1. The
Ministerial Alliance will host a service on September 11 on the lawn at City Hall. Vice
Mayor Heck read the proclamation commemorating 9-1 1 and declares September 11,
2002 as 'Always Remember 9-11 Day'. MOTION: Commissioner Harris moved and
Commissioner Loescher seconded to adopt the proclamation. Motion carried 4-0.
Newton Medical Partners LLC Bonds.

August 27,2002
Rick Snyder from NMC stated that Newton Medical Partners, an affiliate of Newton
Medical Center, would like to purchase a MRI scanner for the hospital. Currently part-time MRI
services are available and that is not meeting the needs of the community. The new MRI would
help a broad variety of patients from the surrounding area. The equipment will be located in the
radiology department. It is anticipated that the equipment would be installed and running within
a couple weeks.
Sheri Esau, EDC Assistant Director, reported that the Newton Medical Partners, LLC
would be making a capital investment of $900,000 in new equipment with this taxable IRB.
Estimated new jobs created would be 24 with an estimated annual salary of $44,000. Having this
equipment would also add an additional 1,040 visitors for testing to the area. The annual net
benefitslcosts to the City would be $26,843.
Sarah Steele, bond attorney with Gilmore & Bell, commented that a public hearing is
required by the State for the IRE3 issue. The tax abatement level is still an open ended issue
which has been amended in the resolution.
A. 7:00 p.m. Conduct a public hearing on the issuance of Taxable Industrial

Revenue Bonds for Newton Medical Partners LLC.
Vice Mayor Heck opened the public hearing at 7:25 p.m. There being no one wishing to
speak, the Vice Mayor closed the public hearing at 7:26 p.m.
B. Consider a Resolution finding advisable and authorizing the issuance of Taxable

Industrial Revenue Bonds.
A Resolution of the governing body of the City of Newton, Kansas determining the
advisability of issuing Taxable Industrial Revenue Bonds of said City for the purpose of
financing the acquisition and installation of equipment for a healthcare facility located in said
City was considered. This Resolution is a non-binding indication of .the intent of the City
Commission to issue up to $1 million in taxable bonds. The Resolution would authorize Newton
Medical Partners to locate a-purchaser, negotiate terms of the documents and at a later date come
back with an Ordinance to finalize the bonds. There is no liability on the part of the City for
issuing the bonds. Newton Medical Center, is a not-for-profit corporation. In this case, the
equipment is being acquired from Newton Medical Partners, LLC which is a for-profit entity.
The for-profit entity will then sub-lease the equipment to NMC. Bonds must be issued to acquire
the equipment and then they can apply for tax exemption.
MOTION: Commissioner Scott moved that this Resolution, assigned G-844,

be approved as presented. Commissioner Loescher seconded the motion
which carried 4-0. (This Resolution is contained in Volume D of Resolutions).
11. Receive the recommendation of the Newtonmorth Newton Area Planning

Commission to adopt the final plat for Cottonwood Heights.

August 27,2002
Community Development Director Johnson stated that the Planning Commission
approved the final plat for Cottonwood Heights and unanimously voted to recommend its
approval to the City Commission. The final plat for Cottonwood Heights Addition, is a replat of
a portion of Block 8, Royer West, a subdivision in the Southwest Quarter of Section 24,
Township 23 South, Range 1 West of the 6' Principal Meridian, City of Newton, Harvey
County, Kansas. This is a 4.3 acre project with 14 lots on it. The intent of the developer is to
construct twin homes on the property.
MOTION: Commissioner Harris moved and Commissioner Scott seconded to

approve the final plat for Cottonwood Heights Addition. Motion carried 4-0.
I
12. Receive the recommendation of the Newton/North Newton Area Planning
Commission to adopt the final plat for Westwood Addition.
Community Development' Director Johnson stated that the Planning Commission

approved the final plat for Westwood Addition and unanimously voted to recommend its
approval to the City Commission. The final plat for Westwood Addition is a replat of a portion
of Block 10, Royer West, a Subdivision in the Southwest Quarter of Section 24, Township 23
South, Range 1 West of the 6" Principal Meridian, City of Newton, Harvey County, Kansas.
The property is located along the east side of Split Oak Drive a?ld the north side of Cottonwood
Drive.
MOTION: Commissioner Loescher moved to approve the Final Plat for

Westwood Addition. Commissioner Harris seconded the motion which carried 4-
0.
13. Westwood Addition.
I A. Receive a petition for construction of sewer in Westwood Addition.
City EngineerDPW Loomis said the Developer is looking at extending sewer in

Westwood Addition. Water and streets are already available for this area.
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receive the petition for construction of sewer in Westwood Addition. Motion
-
carried 4-0.
I B. Consider a contract for engineering services for sewer for Westwood Addition.
City EngineerDPW Loomis stated that Garber Surveying is working with Certified
1 Engineering Design, PA for design of the Westwood sanitary sewer.
MOTION: Commissioner Loescher moved and Commissioner Scott seconded to

approve the contract for engineering services with Certified Engineering Design,
P.A. for Westwood Addition. Motion carried 4-0.
I 14. Windward Drive.

August 27,2002
City EngineerIDPW Loomis noted that this item is back before the Commission because
the developer has requested paving in the form of a petition. The approximate cost of extending
Windward Drive would be $300,137.78. She presented four other outlet options. The first option
would extend Old Main to the south which would discharge traffic onto an unpaved road at 24th
Street. The cost to pave Old Main would be approximately $800,000 not including right-of-way
acquisition. The next option would pave Wheatridge Drive to the west and connect it to the
existing paving on Meadowbrook Drive. The approximate cost is $221,000. The next option
would be a new road along the south edge of Turkey Red. This would cost approximately
$536,000, not including right-of-way acquisition. The last option would be a new road lining up
with Quail Creek which would cost over $800,000, not including right of way acquisition.
MOTION: Commissioner Harris moved and Commissioner Loescher seconded

to receive the petition for Windward Drive. Motion carried 4-0.
B. Consider a'Resolution finding advisable and authorizing the extension of

Windward Drive.
A Resolution finding advisable and authorizing the extension of Windward Drive was
considered. The estimated probable cost of the improvement is $300,137.7 with 82.47% to be
assessed to the improvement district and 17.53% to be assessed to the City at Large. The
property is described as:
Lots 1 and 2, Block 1, TFDM Addition to the city of Newton, Harvey County, Kansas:
A tract beginning 80 feet West of the Southeast comer of the Northeast Quarter of Section 29,
Township 23 South, Range 1 East, Harvey County, Kansas; thence West 1230 feet; thence North
312 feet; thence East 1230 feet; thence South 3 12 feet to the point of beginning;
A tract beginning at the Southwest comer of Lot 1, Block 1, TFDM Addition to the City of
Newton, Harvey County, Kansas; thence West 285 feet; thence North 1400 feet; thence
Southeasterly 370 feet ta the Northwestern comer of Lot 1, Block 1, TFDM Addition; thence
South to the point of beginning;
Judith Cantrell, 223 Windward, noted there h k e been a lot of accidents lately at the Wal-
Mart location and asked if anyone has reviewed this. She felt opening up Windward would be
opening up more cans of worms. She was informed that a traffic engineering study was done at
this location and turning movements were designed according to the study outcome.
Daryl Walter, 209 Windward Court, reminded the Commission he brought a plat showing
every home owner that was for or against the extension of Windward. Residents are not against
development. However, they do not want Windward Drive extended. He suggested the street
stop at the hedge and not go all the way through.
City EngineerIDPW Loomis put some numbers together.regarding volume of traffic on a

residential street. The City's Comprehensive Plan calls for about 1,500 vehicles per day on a
residential street. She noted that roughly there are about 1,152 vehicles per day that would have
August 27,2002
the possibility of using the Windward Drive exit. If additional development happens to the west
(Meadowbrook Drive), there are a little over 1,800 vehicles a day that have the potential to use
this street. If we would stick strictly with the City's comprehensive plan that says only 1,500
vehicles a day on the street, then Windward Drive could be a considered a collector street and
parking would be limited.
Gene Coleman, 619 East 4", urged the Commission to accept the plan to extend
Windward Drive in the interest of safety and residential development.
Linda Wenies, 229 Windward Drive, questioned whom the petition was received from
and what advantage was it for them to open Windward Drive. She noted that she was under the
understanding that this area would never open up when they bought there. She hates to see this
opened up.
Comnlissioner Harris stated this is the best alternative that is available although the
residents of the area won't agree. He felt it fosters development and will ease safety concerns.
MOTION: Commissioner Harris moved and Commissioner Scott seconded that

this Resolution, assigned 1-981, be approved as presented. (This Resolution is
contained in Volume C of Improvement Resolutions.)
Further comments fiom the commission were received. Commissioner Scott stated
changing the complexity of streets is not an easy decision. Commissioner Loescher felt the safety
issue was a major concern and having a second access into the area is important. The other
options presented were not better.
Vote on the Motion: Motion carried 4-0. (This Resolution is contained in Volume C of
15. North Poplar
A. Receive a petition for paving North Poplar.

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This petition is a request for paving on Poplar fiom 16" to 17". The cost will be assessed
to the adjacent property owners.
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accept the petition for paving North Poplar. Motion carried 4-0.
B. Consider a Resolution finding advisable and authorizing the paving of North

Poplar.
A Resolution finding advisable and authorizing the paving of North Poplar was consider.
The property is described as Lots 43 through 56, Block 3 and Lots 85 though 98, Block 5, all in
Crestview Addition to the City of Newton, Harvey County, Kansas. The estimated probable cost
of the project would be $56,310.01 with 100% of the improvement to be assed to the

August 27,2002
that this Resolution, assigned 1-982, be approved as presented. Motion carried 4-
0. (This Resolution if contained in Volume C of Improvement Resolutions.)
16. Consider an Ordinance increasing the court costs in Newton Municipal Court.
City Attorney Myers noted that current municipal court costs are $23.50 and State
assessments are $9.50. Some State assessments don't apply to certain types of cases, and as a
result the total court costs for certain offenses may vary. This creates confusing situations for
police officers when issuing citations on noting which are applicable court costs. Myers
conducted a review of the surrounding area to compare court costs. Harvey County is about
average among municipal courts. He is suggesting that the total court costs for all cases be
$50.00, including any applicable State assessments. The City would "net" at least $17.00 for
each case. This would also be of benefit to the police officers and court staff.
MOTION: Commissioner Scott moved that this Ordinance, assigned 4424-02,

be approved as presented. Commissioner Loescher seconded the motion which
17. Consider Magnolia Bridge replacement.
City EngineerIDPW Loomis reviewed the options for the Magnolia Bridge. Option 1
would be to leave the bridge temporarily. It would need to remain posted with weight limits, but
passenger vehicles could continue to use it until further inspections. Option 2 would be to
remove the structure and replace it with a cul-de-sac at an estimated cost of $45,000. This weald
use up the entire width of right-of-way, causing the driving surface to come up to the property
line on the south. It may also require moving of some gas lines. There would be no parking in
the cul-de-sac and a pedestrian crossing would be lost. However, removal of the bridge would
improve drainage. Option 3 would be to remove the existing structure and replace it with bridge
at a cost $221,000. There is no KDOT funding available for this. The new structure would
improve drainage and would have a sidewalk for pedestrians. FireIEMS has reviewed the
options and will be able to .give the same amount of services for residents.
Commissioner Harris stated he couldn't see investing in a bridge unless streets in the area
were paved. The streets would need to be an investment from the neighborhood. He also felt it
was important to be able to get pedestrians across this area. .
Vice Mayor Heck asked how long the structure could go if it remains posted with a
weight limit. City EngineerIDPW Loomis stated it could be from 1-5 years. It will depend on
some rain events and how much flow there is.
Commissioners were in agreement that there needed to be some input from the neighbors
in the area to share the options and present the street paving costs.

table this item to a future meeting. Motion carried 4-0.

August 27,2002
City EngineerIDPW Loomis presented options to improve traffic issues at S.E. 5' and
Washington. A traffic count was taken at peak hours in July. Option 1 would be to do nothing.
There is no cost involved with this option. Option 2 is to change S.E. 5" to a one-way,
westbound only. The cost for traffic control signs would be minimal. This would limit the travel
options for those living on S.E. 5thand those traversing through the neighborhood. This places a
one-way street in the middle of town, violating drivers' expectancy and sets a precedent for
confusing traffic control. Option 3 would be to extend the S.E. 5" curb line. Cost would be
approximately $1,700 for materials from the street operating budget. This provides S.E. 5'
vehicles in a position to see southbound traffic. This does not eliminate any turning movements,
only discourages right turns from S.E. 5" to southbound Allison.
Walter White, 121 SE 5", suggested having SRS park their vehicles somewhere else and
the sight problem would be eliminated. He questioned if the sidewalk was ADA compliant. He
was informed that the sidewalk he was referring to is only a delivery ramp. ADA ramps are only
for the corners.
Gilbert Reinicke, 414 S. Plum, thanked staff for coming up with the proposal. He didn't
think it was a fix-all, but it was a significant improvement and a step in the right direction.
Commissioner Harris felt staff had done a reat job coming up with options and felt it
was important to invite residents from S.E. '5 to view the proposal. He suggested a
neighborhood meeting with staff to get residents' input. Commission consensus was to hold a
neighborhood meeting.
19. NPDES Phase I1 permitting.
City EngineerDPW Loomis stated that Phase I1 expands the Phase I program for the
NPDES by requiring additional operators of MS4's in urbanized areas and operators of small
construction sites, through the use of NPDES permits, to implement programs and practices to
control polluted stom water runoff. Loomis has spoke with KDHE and they will be putting
Newton on the list that must comply with the program. Under Phase I1 if a city is 25,000
population or greater, or if it houses an impaired stream, they will have to comply with all the
new regulations. KDHE 6elieves that Sand Creek is an impaired stream due to the fact Newton
is over 10,000 population and due to TMDL issues associated with fecal coliforms. At the very
least, Newton will be required to implement 3 out of 19 best management practices to address
high fecal counts. Estimated cost for implementing Phase I1 requirements would be $9.00 per ..
household per year. KDHE will be notifying the agencies on their list. They then have to have
notice of intent into KDHE by March of 2003. Loomis is working with the KS Chapter of the
American Public Works Association to form a consortium of cities throughout the State to pool
resources to prepare to comply with the new regulations.
Jack Royston, 1217 N. Hoover, expressed concern regarding the red water run off at the
north end of the original dump by Centennial. Loomis reminded him that KDHE came out at

August 27,2002
that time, and determined it to be run off from the red shale on the ball fields. They were not
concerned about it.
20. Manhole rehabilitation project.
City EngineertDPW Loomis stated several years ago, the City started an Inflow and
Infiltration Remediation Program. The manhole rehabilitation project is the next step to continue
this process. A manhole rehabilitation project is planned that will stop inflow, infiltration and
exfiltration and repair voids in 38 of the existing manholes across town. This project restores the
structural integrity of the manholes and provides protection against corrosion. This repair has
been successful in many other communities. Funds have been placed in the sewer operating
budget each year to correct the problem.
21. Old Business.
City Manager Heinicke requested a short executive session to discuss matters preliminary
to the acquisition of real estate at the end of the meeting.
Vice Mayor Heck asked Commissioner Scott to expand on his ideas about alternative
revenue sources for the City. Commissioner Scott expressed concern regarding the current
budget situation, and the issues being faced at the State level. Property tax payers are being
forced to carry too heavy of a burden and that burden will continue to grow. Those sources that
have disappeared from the State level will not reappear. He suggested a task force that would
evaluate the current revenue streams, and look at other options that could be done in the future
that are not so subject to the decisions made at the State and Federal level to alleviate the burden
on the property tax payers. Vice Mayor Heck felt this would be a worthwhile endeavor and a
task force to explore those possibilities needed to get u n d e h y . MOTION: Commissioner
Scott moved and Commissioner Harris seconded to authorize the creation of a task force to look
at alternative sources of funding. Motion carried 4-0.
22. New Business.

.--
Commissioner Harris reported the Fare Fairs board will be meeting tomorrow. Each city
who made pledges will be receiving a quarterly statement.
Vice Mayor Heck reminded all that there would be no meeting on September 10.
Commissioner Scott asked if staff would allow for lines to be painted on the tennis courts .
at Athletic Park. Community Development Director Johnson stated this would be okay and he
would let staff know about it.
MOTION: Commissioner Scott moved and Commissioner Loescher seconded to
recess to executive session for 15 minutes for discussion.of matters preliminary to
acquisition of real estate to include the City EngineertDPW and Director of
FinanceICity Clerk.

August 27,2002
The Commission recessed at 9:05 p.m. The Commission reconvened at 9:20 p.m.
Vice Mayor Heck stated the purpose of the executive session was to discuss real estate.
City Attorney reported the City has the opportunity to acquire about 34 acres near existing
property that is being used for sludge disposal. The cost of the land would be $1,6l7lacre.
MOTION: Commissioner Harris moved to authorize staff to present a purchase

offer on 34 acres of property at $1,617 per acre contingent on satisfaction of
environmental concerns for the SW Corner of SW quarter of Section 31,
Township 265, Range 1 East. Commissioner Scott seconded the motion which
carried 4-0.
23. Adjournment.
at 9:25 p.m.
ATTEST:

g August 27,2002
-,:
'
RESOLUTION NO.I-980-B
WHEREAS, A Petition was filed with the City Clerk on the 23rd day of April, 2002, -
proposing the following improvement: Paving of portions of Autumn Glen Parkway, Autumn
Ridge, Duncan and Autumn Glen Court in Autumn Glen Addition and in Autumn Glen 2nd
Addition, setting forth: (a) the general nature of the proposed improvement; @) the estimated or
probable cost; (c) the extent of the proposed improverne6~districtto be assessed; (d) the
proposed method of assessment; (e) the proposed apportionment of cost between the
improvement district and the City at large; and ( f ) the requ_est-thatsuch improvement be made
without notice of hearing as required by K.S .A. l26aO4; as amended; and
WHEREAS, the Governing Body did on the 27th day of August, 2002, find such Petition
to be sufficient, NOW,THEREFORE,
BE IT ORDAINED BY THE GOVERMNG .BODYOF THE CITY OF BiWTON,. . .- . ;

.. . -.. -
- - .. ,
. . . . . ...
'KANSAS: . . . .. -. _
. :. ..
. . .
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:
- - .
, /
. .
SECTION 1. The Governing Body hereby findsaiid
- .. . finally d e t d e s that:
. .
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. -
......-...
.
. ! . . . .
It is advisable to make the following improvement, and the following

inipvement is-hereby authorized and ordered to be made in accordance with the
dindings of the governing body, to wit:-
Paving of podions of Autumn Gl& ~ a r k w aAutumn

~, Ridge, Duncan and
Autumn Glen Court in Autumn Glen Addition and in Autumn Glen 2nd Addition;
The estimited or probable cost of such-impiovement is f 514,OOO.OO;
The boundary of the improvement dishid s k i l l be:
Lots 1 through 7, Block 1, Autumn Glen 2nd Addition; and
Lots 8 through 26, Block 4; Lots 9 through 15, Block 5; Lo& 33 and 34,
Block 3; and Lot 8, Block 2; all in Autumn Glen Addition;
The method of assessment shall be that each lot within the improvement district,
except for Lot 34, Block 3, Autumn Glen Addition, shall pay 1/45 of the total cost
payable by the improvement district, and Lot 34, Block 3, Autumn Glen Addition,
shall pay l.O/45 of the total cost payable by the improvement district;
The apportionment of cost between the improvement district and the City at large
shall be 100.00% to be assessed against the improvement distria and 0.00% to be
SECTION 2. Pursuant to KS-A. 12-6a14, said public improvements are hereby

Regulations.
SECTION 3. This Resolution shall be pblished one time in the official City newspapa
and shall also be filed of record in the Officeof the Register.of Deeds of Harvey County, K ~ ~.. I- S &
,. . . .
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.' . ,.
of^&& 2
:
:
PASSED AND ADOPTED this 27th day ....

0 .! ~ . ~
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KANSAN, Jahuary 30,2004.)
RESOLUTION NO. I-980-B
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WHEREAS, A petition was filed
with the City Clerk on the 23rd day of
April, 2002, proposing the following
improvement: Paving of portions of AFFIDAVIT OF PUBLICATION
Autumn Glen Parkway, Autumn Ridge,
Duncan and Autumn Glen Court in
Autumn Glen Addition and in Autumn
Glen 2nd Addition, setting forth: (a)the
general nature of the improve-
ment; (b)the estimated or probable cost;
(c) the extent of the ?+prove- STATE OF KANSAS, COUNTY OF HARVEY, ss
beasmG&3drthe pro-
pose method of assessment; (e) the pro-
posed apportionment of cost between Janice Nesser
the improvement district and the City
I at large; and.(f) the requbst that such
improvement be made without notice of Being first duly sworn, deposes and says: That she is
hearing as required by K.S.A. 12-6a04, Business Director of
as amended; and
on the 27th day of August, 2002, h d The Newton Kansan
THEREFORE, a daily newspaper printed in the State of Kansas, and published in
and df general circulation in Harvey County, Kansas, and that said
BE IT RESOLVED BY THE GOV-
ERNING BODY OF THE CITY OF newspaper is not a trade, religious or fraternal publication.
NEWTON, KANSAS:
SECTION 1. The Governing Body Said newspaper is a daily published at least weekly 50 times a year;
hereby iinds and finally determines has been so published continuously and uninterruptedly in said
that:
county and state for a period of more than five years prior to the
(a) It is advisable to make the fol- first publication of said notice; and has been admitted at the post
improvement is hereby authorized and office of Newton, Kansas in said ,County as second class matter.
wit: Paving of portions of Autumn Glen That the attached notice is a true copy thereof and was published
Parkwax Autumn Ridge, Duncan and
Autumn Glen. Court in Autumn Glen in the regular and entire issue of said newspaper for:
Addition and in Autumn Glen 2nd Addi-
tion;
One insertions, the first publication thereof
(b) The estimated or probable cost of
such improvement is: $514,000;
(c) The boundary of the improve-
ment district shall be:
Lots 1through 7, Block 1,Autumn day of
Glen 2nd Addition; and Lots 8 through
26, Block 4; Lots 9 through 15, Block 5; January 2004, with
Lots 33 and 34, Block 3; and Lot 8, Block
2; all in Autumn Glen Addition;
subsequent publications being made on the following date
(dl The method of assessment shall
be that each lot within the improvement
district, except for Lot 34, Block 3,
Autumn Glen Addition, shall pay 1/45 of
the total cost payable by the improve-
ment district, and Lot 34, Block 3,
Autumn Glen Addition, shall pay 10145
of the total cost payable by the improve-
ment district; February ,2004.
(e) The apportionment of cost
the City at large shall be 100.00%to be
assessed against the improvement dis-
trict, and 0.00% to be paid by the City at
c -
Notary Public
c;e.
large.
My commission expires: October 18,2004
i
hereby authorized to be paid for, in Printer's Fees $ 124.70
eral obligation bonds, said bonds to be Res. No. I-980-B
&er this date pursuant to Treasury
Regulations.
g City newspaper and shall also be filed of
'record in the Office 6f the Re'sster of
Deeds of Harvey Q~pnt.3: Kansas.
day of August, 2002.
Is/ Willis Heck
Mayor
ATTEST:
lsl Ronald R. Alismuhs
Citv Clerk
FEASIBILITY REPORT
Date: 2-1-2002
Project No. Wheatridge Addition
TO: Governing Body

City of Newton
Newton, Kansas
Gentlemen:
A. General Nature of Project: Construction of Street Improvements in Wheatridge Addition on Wnidward
C. Improvement District: Lot 20; Block 1 &Lots 22-23 Block 2 Wheatridge Addition & Lots 11-15 Block 5;
Turkev Red Subdivision to the City of Newton
D. Method Assessment: Each lot in the Im~rovementDistrict to bear equal assessments
City at Large 5.80 % Est.Tota1 $ 2,510.20
Estimated Total Cost 100 % $43,268.34
F. Recommendations:
THE CITY OF NEWTON

Wheatridge L
Benefit Distr,ict Map f o r S h e i Ex tension


Curb and gutter and street improvements to Wheatridge Addition, Phase I11
amended.

Lot 20, Block 1; Lots 22 & 23, Block 2 Wheatridge Addition and Lots 11-15, Block 5 Turkey Red
subdivision to the City of Newton, Harvey County, Kansas.
occurs first.
Sirnature Address of Residence Im~rovementDistrict Signing
February 12,2002
The Newton City Commission convened in regular session at 7:00 p.m. on February 12,
2002 in the City Commission room at 201 East 6'h Street. Attending were Mayor Scott, Vice
Manager Heinicke, City Attorney Myers, City EngineerDPW Loomis, Director of FinanceICity
Clerk Ahsmuhs, Director of Community Development Johnson, and Deputy Clerk Duerksen.
Pastor Mark Isaac of Koerner Heights Church provided the invocation. The Mayor then
CONSENT AGENDA
2. Receive year-end Financial Reports.
3. Mayor's appointments - Diversity Committee, Reappoint Mary Beth Titus,

Debbie Palacioz, Jahree Thaw, Shafiq Hasan and Pam Small, terms ending 12-31-2003.
MOTION: Vice Mayor Roberson moved and Commissioner Harris seconded to

approve the Consent Agenda as submitted. Motion carried 5-0.
REGULAR AGENDA
A. Receive a request to close Athletic Park from 1l:OO a.m to 6:00 p.m. on June 23,
2002 for the MDA Freedom Run 2002.
Frank Charles, chairman of the Mid-Continent Harley Owners Group, requested the
closure of Athletic Park on June 23 from 11:OO a.m. to 6:00 p.m. for the annual Freedom Run.
This year the event has been moved to June because the weather should be cooler at that time
and to allow more of the MD children to participate in the event.
MOTION: Commissioner Harris moved and Commissioner Heck seconded to

approve the request to close Athletic Park for the MDA Freedom Run on June 23
from 11:00 a.m. to 6:00 p.m. Motion carried 5-0.
B. Consider a proclamation declaring the week of February 11-15,2002 as 'Career

and Technical Education Week'.
Joanelle ~illiarnson,coordinator for career and technical education at Newton High

School, commented the State has designated the week of February 11-15, 2002 as Career and
Technical Education Week. Career and technical education serves secondary and post-secondary
youth and adults in preparation for occupations in agriculture, business and computer

February 12,2002
An Ordinance amending the official zoning map incorporated by reference in Article 11,
Section 2.2-1, of the zoning ordinance of the City of Newton, Kansas was considered.
MOTION: Vice Mayor Roberson moved that this Ordinance, assigned 4404-02,
be approved as presented. Commissioner Harris seconded the motion which
D. Receive a petition for improvements to the public sanitary sewer system to serve
the Chapel Ridge development.
This item was tabled for future consideration when the petition is received.
E. Consider a Resolution determining the advisability of issuing Multifamily

Housing Revenue Bonds on behalf of ERC Properties, Inc., in relation to a
proposed multifamily housing facility project.
A Resolution of the Governing Body of the City of Newton, Kansas determining the
advisability of issuing Multifamily Housing Revenue Bonds of said City for the purpose of
financing the acquisition, construction, installation and equipping of a multifamily housing
facility to be located in said City was considered.
MOTION: Commissioner Heck moved and Vice Mayor Roberson seconded that
7. Wheatridge Addition.
A. Receive a petition, plans and specifications for construction of curb and gutter
and street pavement in Wheatridge Addition.
This petition is for streets in Wheatridge Addition. Staff is proposing to add the work as
a change order to an existing project at the request of the developer. Cost for the project would
be $43,268.34.

to approve the petition, plans and specifications for streets to serve Wheatridge
Addition. Motion carried 5-0.
B. Approve a change order to Vogts Construction for Wheatridge Addition.

to approve a change order to Vogts Construction for streets in Wheatridge
Addition in the amount of $43,268.34. Motion carried 5-0.
8. Receive bids and award contract for Westhaven Addition street extension.

February 12,2002
or not. A second round of inspections was completed on most of their properties but not on their
personal residence. They refused to let staff inspect their property. Myers felt perhaps it would
be time to bring an abatement plan as to what the City proposes to do. There are three possible
options for the City. One would be to propose, if permitted by the court, to demolish the
structure. The second would be to go in and rewire, re-plumb, etc. at a considerable expense
which would not be recouped. The third option would be to say the City would do nothing with
the interior of the property except take the owners back on contempt of court charges.
Eventually, the Judge will start putting someone in jail. Following discussion by the
Commission, staff was directed to bring options back at the next meeting for this property.
Commissioner Heck also inquired if Commissioners needed to contact legislators

regarding the Western Resources rate increase. It was suggested that after staff drafts the letter a
copy be sent to each Commissioner for them to make contact with the legislators.
City EngineerlDPW Loomis announced that KDOT would be holding a planning

meeting for the upcoming construction season for the interstate on February 25 or March 7.
Commissioners felt February 25 was the better meeting time.
Commissioner Harris handed out the REAP annual report. He also reported that
meetings have been set up with Senators Brownback and Roberts at the Congressional Cities
conference. The Fair Fares campaign now has commitments of $6 million dollars pledged, with
400 businesses.
13. New Business.
Commissioner Heck announced that KMIT trustees will meet in Newton of February 22.
Three more cities have also joined the insurance pool.
14. Adjournment.
ATTEST:
City Clerk

February 12,2002
RESOLUTION NO. I-973-B
WHEREAS, A Petition was filed with the City Clerk on the 2nd day of February, 2002,
proposing the following improvement: Curb, gutter and street improvements in Wheatridge
Addition (Phase 111), setting forth: (a) the general nature of the proposed improvement; (b) the
estimated or probable cost; (c) the extent of the proposed improvement district to be assessed; (d)
the proposed method of assessment; (e) the proposed apportionment of cost between the
improvement district and the City at large; and (f) the request that such improvement be made
without notice of hearing as required by K.S.A. 12-6a04, as amended; and
WHEREAS, the Governing Body did on the 2nd day of February, 2002, find such

KANSAS :
SECTION 1. The Governing Body hereby finds and finally determines that:

improvement is hereby authorized and ordered to be made in accordance with the
findings of the governing body, to wit:
Curb, gutter and street improvements in Wheatidge Addition (Phase III);
The estimated or probable cost of such improvement is $43,268.34;
The boundary of the improvement district shall be:

/ /
Lot 20, Block 1; Lots 22 and 23:~lock 2; all in Wheatridge Addition to
the City of Newton, H m e y County, Kansas; and
/ 0
Lots 11 through 15, Block 5, Turkey Red subdivision to the City of
The method of assessment shall be that each lot within the improvement district
shall bear equal assessment;
shall be 94.20% to be assessed against the improvement district, and 5.80% to be

Regulations.
PASSED AND ADOPTED this 2nd day of February, 2002.
Mayor " I v
ATTEST: ;
'HARVEY COUNTY, STATE OF KANSAS
u301cfock &
,
a
This instrument was ti1 d for record
t h e L d a y of l h ~ ~
AD, 2 0 0
M and qu!y recorded
4
in book 3 S 7 of 1 ,
Register of Deeds

KANSAN,March 3,2004.) (c) The boundary of the improve- Janice Nesser
NO.I-973-B
'k33SOLUno~
I
Lot 20, Block 1; Lots 22 and 23, Being first duly sworn, deposes and says: That she is
WHEREAS, A Petition was filed Block 2; all in Wheatridge Addition to
, with the City Clerk on the 2nd day of the City of Newton, Harvey County, Business Directorr of
February, 2002, proposing the following Kansas; and Lots 11through 15, Block
improvement: Curb, gutter and street 5, Turkey Red subdivision to the City of
impovements in Wheatridge Addition
(Phase III), setting forth: (a) the general
Newton,,Harvey County, Kansas; The Newton Kansan
nature of the proposed improvement; (b) (d) The method of assessment shall a daily newspaper printed in the State of Kansas, and published in
the estimated or probable cost; (c) the be that each lot within the improvement and of general circulation in Harvey County, Kansas, and that said
extent of the proposed improvement dis- district shall bear equal assessment;
trict to be assessed; (d) the proposed newspaper is not a trade, religious or fraternal publication.
method of assessment; (el the proposed (el The apportionment of cost
apportionment of cost between t h e between the improvement district and
improvement district and the City a t the City a t large shall be 94.20% to be Said newspaper is a daily published at least weekly 50 times a year;
large; and (0 the request t h a t such assessed against the improvement'dis-
improvement be made without notice of trict, and-5.80% to be paid by the City has been so published continuously and uninterruptedly in said
hearing as required by KSA. 12-6a04, at large. county and state for a period of more than five years prior to the
as amended; and
SECTION 2. Pursuant to K.S.A. 12- first publication of said notice; and has been admitted at the post
WEIFIREAS,the GoverningBody did 6a14, said public improvements a r e office of Newton, Kansas in said County as second class matter.
on the 2nd day of February, 2002, find hereby authorized to be paid for, in
such Petition to be sufficifmt, NOW, whole or in part, by the issuance of gen-
THEREFORE, eral obligation bonds, said bonds to be That the attached notice is a true copy thereof and was published
BE IT ORDAINED BY THE GOV- after this date pursuant to Treasury in the regular and entire issue of said newspaper for:
ERNING BODY OF THE CITY OF Regulations.
NEWTON, KANSAS:
S E C T I ~ N1.The Governing Body be published one time in the official
hereby finds and finally 'determines City newspaper and shall also be filed
that: of record in the Office of the Register of One insertions, the first publication thereof
Deeds af Harvey County, Kansas.
(a) It is advisable to make the fol-
lowing improvement, and the following PASSED AND ADOPTED this 2nd being made as aforesaid on the 3rd
, improvement is hereby authorized and day of February, 2002.
the findings of the governing body, to Id H. Grant Scott day of
i wit: Mayor
I
t Curb, gutter and street improve- ATTEST: March with

1 ments in Wheatridge Additiim (Phase
m; id Ronald R. Ahsmuhs subsequentpublications being made on the following date
"
City Clerk
, (b) The estimated or probable cost of
such improveinent is $43,268.34;
Subscribed and sworn to before me
,2004.
z1
March
(-1 o m -
Notary Public
Printer's Fees $ 116.00 res.no. I-973-B

FEASIBILITY REPORT
Date: 8/21/2002
Project No.02SS000020 (142)
TO: Governing Body

City of Newton
Newton, Kansas
Gentlemen:
A. General Nature of Project: 2500 LF Extension of Sanitary Sewer, 8 Manholes and related appurtenance in
Westwood Addition
C. Improvement District: Lots 1 - 21 Block 1; Lots 1 - 10 Block 2; Lot 6 Block 5; Westwood Addition
to the City Of Newton, Harvey County Kansas
D. Method Assessment: Each Lot in the Improvement District to Bear Equal Assessments
Improvement district 100 % Est. Total $ 165,189.55
City at Large 0 % Est. Total $ 0.00
F. Recommendations:
THE CITY OF NEWTON

PHASF / RENEFlT D / s T i / c ~
Lots 1-21, Block ?, Westwood
~ots I-ra BIOC~ 2 westwood
Lof 6 Block 5, Westwood

2500 LF extension of sanitary sewer, 8 manholes and related appurtenances in Westwood Addition
amended.

Lots 1-21 Block 1; Lots 1-10 Block 2; Lot 6 Block 5; Westwood Addition to the City of Newton, Harvey
County, Kansas.
occurs first.
Signature Address of Residence Imvrovement District Signing
. . . .

November 26,2002
The Newton City Commission convened in regular session at 7:00 p.m. on November 26,
2002 in the City Commission room at 201 East $ Street. Attending were Mayor Roberson,
Vice Mayor Heck, and Commissioners Harris, Loescher and Scott. Also attending were City
Manager Heinicke, City Attorney Myers, City EngineerIDPW Loomis, Community
Development Director Johnson, PI0 Spencer and Deputy Clerk Duerksen.
Father Peter Oesterlin of St. Matthew's Episcopal Church provided the invocation. The
business.
CONSENT AGENDA
1. Review minutes of November 12 and 14,2002 Commission meetings.
2. Receive financial reports for October 2002.
3. Westwood Sewer.
A. Receive plans and specifications for sewer extensions in Westwood Addition.
B. Consider a Resolution finding advisable and authorizing the cormstruction of

Sewer District 35-A in Westwood Addition. The property is described as Lots 1 through 21,
Block 1; Lots 1 through 10, Block 2; Lot 6 , Block 5; all in Westwood, an Addition to the City of
Newton, Harvey County, Kansas. Cost of the improvement is estimated at $179,559.55 with
Resolution is assigned Improvement Resolution 1-985 and is contained in Volume D of
C. Consider an Ordinance creating Sewer District 35-A.
D. Set date and time to receive bids for sewer (12-16-02 at 2:00 p.m. is suggested).
4. Stratford Place, Phase 6
A. Receive petitions, plans and specifications for water and sewer extensions for
Stratford Place Addition, Phase 6.

November 26,2002
water lines to serve Water District 19-F.
Water District 19-F in Stratford Place Addition. The property is described as Lots 7 through 13,
Block 3; Lots 2 through.20, and Lots 33 through 46, Block 4; and Lots 9 through 14, Block 10;
all in Stratford Place Addition to the City of Newton, Harvey County, Kansas. Cost of the
and 0% to be paid by the City at large. This Resolution is assigned Improvement Resolution I
986 and is contained in Volume D of Improvement Resolutions.
C. Consider an Ordinance creating Water District 1PF.
This Ordinance creates Water District 19-F in the City of Newton, Kansas and is assigned
Ordinance No. 4430-02 and is contained in volume W of Ordinances.

sewer lines to serve Sewer District 31-F.
Sewer District 3 1-F in Stratford Place Addition. The property is described as Lots 4 and 5, and
Lots 8 through 40, Block 4; Lots 9 through 14, Block 10; all in Stratfird Place Addition to the
City of Newton, Harvey County, Kansas. Cost of the improvement is estimated at $97,768.38
with 100% to be assessed to the improvement district and 0% to be paid by the City at large.
This Resolution is assigned Improvement Resolution 1-987 and is contained in Volume D of
E. Consider an Ordinance creating Sewer District 31-F.
This Ordinance creates Sewer District 31-F in the City of Newton, Kansas and is
F. Set date and time to receive bids (December 16 at 2:00 p.m. is suggested)
5. Receive plans and specifications for the extension of Windward Drive and set date
and time to receive bids (December 16 at 2:00 p.m. is suggested).
6. Consider an Ordinance adopting by reference the 2002 Edition of the National

Electrical Code.
This Ordinance amends Sections 6-202 and 6-202a of the Code of the City of Newton,
Kansas, pertaining to the National Electrical Code, and pertaining to deletions, amendments and
additions thereto; repealing Sections 6-202 and 6-202a of the Code of the City of Newton,
Kansas, as previously amended by Ordinance No. 4304-99; and repealing Ordinance 4304-99
and is assigned Ordinance No. 4432-02 and is contained in Volume W of Ordinances.

November 26,2002
16. Old Business.
Commissioner Harris reminded everyone to use Airtran and Frontier airlines for their
travel.
17. New Business.
Vice Mayor Heck noted that he would be attending the K M T trustees meeting. He
suggested a study session to begin looking at the possibilities for addressing the budget
shortfalls. Citizens need to know what the shortfalls mean to them.
18. Adjournment.
adjourned at 8:25 p.m. r n
ATTEST:

November 26,2002
RESOLUTION NO.1-
$85
WHEREAS, A Petition was filed with the City Clerk on the.13th day 6f September,
2002, the following improvement: construction of a sanitary sewer line extension to
serve the below-described property in Westwood Addition (Sewer District No. 35-A) setting
foi-th: (a) the general nature of the proposed improvement; (b) the estimated or probable cost; (c)
the extent of the proposed improvement district to be assessed; @) the proposed method o f . . . ..,
City at large; and (f) the request that such improvement
. -bemade without.. notice ..of h-.e a g as
+
required by KS.A. 12-6a04, as amended; and . .. . .. .. .:

-
.- , . ..-.- - . ...
--.;;'C:',.
.-
WHEREAS, the Governing Body did on the 26th day of November 2002, find such

KANSAS:
(a) It is advisable to make the following improvement, and the following

improvement4s hereby-authorized and ordered to be made in accordance with the
findings of the g o v d g body, to wit: construction of a sanitary sewer line
extension to serve the below-described property in Westwood Addition (Sewer
District No. 3 % ~ ) ;
--
(b) The estimated or probable cost of such improvement is: $179,559.55;
(c) The boundary of the improvement district shall be:
Lots 1through 21, Block 1; Lots 1 through 10, Block 2; Lot 6, Block 5; all
in Westwood, an Addition to the City of Newton, Harvey County, Kansas;
(d) The method of assessment shall be that each lot in the improvement district to
bear equal assessment;
(e) The apportionment of cost bebkeen the improvement district and the City at large
shall be 100% to be assessed against the improvement district, and 0% to b'e paid

Regulations.
SECTION 3. This Resolution shall be published one time in the officialCity newspaper
and shall also be filed of record in the Office ofthe Register of Deeds of Harvey County, Kansas.
PASSED AND ADOPTED this 26th day of November, 2002.
.
ATTEST: .
& HARVEY COUNX:;.STATE OF KANSAS - -

This instrument as fi!ed for record on
)D /- the M d aj of dm) AD. 20-
P- at16!@a &
owclock M and du[y recorded
&-<*,
in I Y O G ~
on P a p -
- - m ddf Deeds
~&gister
a \ U ~
#
(b) m e estimated or probable cost of Douglas J. Anstaett
such improvement is: $179,559.55; bein first duly sworn, deposes and says: That he is Editor and
~ u b f s h eof
r
(First published in !I'M NEWTON . d e n t district shall be: .
KANSAN, November 30,2002.) The Newton Kansan
Lots 1through. 21, Block 1; Lots 1 a dail newspaper printed in the State of Kansas, and published
RESOLUTION NO. . through110, Block 2; Lot 6, Block 5; all in andlof general circulation in Harvey County, Kansas, with gen-
in Westwood, an Addition to the City of eral aid circulation on a dail basis in Haryey Count , Kansas,
WHEREAS, A Petition was fded Newton, Harvey County, Kansas; licatlon. said newspaper IS noya trade, rehgrous or frafernal pub-
andbat
with the Citv Clerk on the 13th dav of
.September, 5002, proposing the foliow- (d) The method of assessment shall
ing improvement: construction of a san- be: each lot in the improvement district Said newspaper is a dail published at least weekly 50
itary sewer line extensiqn to serve the to bear equal assessment; - , times a year; has been so publisKed continuously and uninter-
below-described property in Westwood ruptedly rn said count and state for a period of more than five
Addition (Sewer District No. 35-A) set- (e) The . apportionment of cost
ting forth: (a) the general nature of the between the improvement district and
yeaB prior to the firs? ublication of sard notice; a ~ has
d been
proposed improvement; (b) the estimat- the City at large shall be: 100% to be admrtted at the post o#ce of Newton, Kansas in sard County as
ed or probable cost; (c) the extent of the assessed against tbe improvement dis- second class matter.
proposed improvement district to be trict, and 0%.to be paid by the City at
assessed; (dl the proposed method of large. ' That the attached notice is a true copy thereof and
assessment; (e) the proposed apportion- was publrshed rn the regular and entrre Issue of sa~dnewspaper
ment of cost between the improvement SECTION 2. Pursuant to K.S.A. 12-
district and the City at large; and (0the 6a14, said public improvements are for One consecutive weeks, the first publication
request that such improvement be hereby authorized to be paid for, in
made without notice of hearing as whole or in part, by the issuance of gen-
required by K.S.A. 12-6a04, as amend- eral obligation bonds, said bonds to be thereof being made as aforesaid on the :30th
ed; and issued to reimburse expenditures made
after this date pursuant to Treasury Day of November , 2002, with
, -REAS, the Governing Body did' Regulations. subsequent publications being made on the following dates:
on the 26th day of November, 2002,.find
such Petition to be sufficient, NOW SECTION 3. This .Resolution shall
, THEREFORE, . be published one tim'e in the oficial
BE IT ORDAINED BY THE GOV- record in the Office of the Register of
ERNING BODY OF THE CITY OF Deeds of Harvey County, Kansas.
NEWTON, KANSAS: ~
> ' PASSED AND ADOPTED this 26th

SECTION 1: The Governing Body day of November, 2002.
that: , Id Marjorie L. Roberson
Mayor
lowing improvement, and the following ATTEST: .,:
improvement is hereby authorized and Subscribed and sworn to before me this 30th day of
ordered to be made in acwrdmce with IS/Ronald R. Ahsmuhs n
the findings of the,goveming body, to City Clerk
, described property in Westwood
Addition (Sewer District No. 35-A):
My commission expires: October 4 8, 2004

Printer's Fees $ f f 0.00 res i-985
\ I +*>yg
FEASIBILITY REPORT
Date: 6/4/2002
Project No. 02ST000000
TO: Governing Body

City of Newton
Newton, Kansas
Gentlemen:
A. General Nature of Project: Extension of Street Pavement, Curb & Gutter, & related appurtenance on
Windward Drive from Kansas Ave. to Existing Windward Drive
Per Linear Foot of Project $ 240.1 1 per foot
C. Improvement District: Lots 1, & 2 Blockl; Tract 1, &Tract 2

I
D. Method Assessment: Linear feet of street frontage
Improvement District 82.47 % Est. Total $247,511.54
Estimated Total Cost 100 % Est. Total $300,137.78
F. Recommendations:
THE CITY OF NEWTON

11
)
Lot 1
Tract 1
Benefit District Map
Windward D r i v e
PETITION F-ORIMPROVEMENTS

Extension of Street Pavement, Curb & Gutter & related appurtenance on Windward Drive ii-om Kansas
Avenue to existing Windward Drive
amended.

Lots 1 & 2 Block 1, TFDM Addition, and Tract 1 & Tract 2 as described:
Tract 1: Beginning 80' west of the SE Comer of the NE ?4of Section 29, TWP 23 S, RlE, thence west 123OY,
thence north 3 12', thence east 123O9,thence south to the point of beginning (approximately 8.8 acres)
Tract 2: Beginning at the southwest comer of Lot 1, Block 1, TFDM Addition, thence west 285', thence north
140OS,thence southeasterly 370' to the northwestern comer of Lot 1, Block 1 TFDM Addition, thence south
approximately 1201' to the point of beginning (approximately 8.5 acres)
The proposed method of assessment is: each foot of fiontane along said street improvement to
bear equal assesment
82.47% to be assessed against the improvement district and 17.53% to be paid by the City at
large.
occurs first.
Signature Address of Residence Imorovement District Signing
4eecucg<,~u'I.r4.8~$ ?g-t 1 - L B-ar-o= q<~&~v

August 27,2002
2002 in the City Commission room at 201 East 6' Street. Attending were Vice Mayor Heck and
Commissioners Harris, Loescher and Scott. Also attending were City Manager Heinicke, City
Attorney Myers, City EngineerIDPW Loornis, Director of FinanceKity Clerk Ahsmuhs, Director
of Community Development Johnson and Deputy Clerk Duerksen. Mayor Roberson was absent.
Vice Mayor Heck provided the invocation, then led in the Pledge of Allegiance to the US
Flag and presided over the items of business.
CONSENT AGENDA
2. Receive financial reports for July 2002.

Ordinance.
adopt the 2002 Edition of the Standard Traffic Ordinance for Kansas cities and certain
amendments thereto; and repeals Section 21-101 of the Code of t h e . ~ i t yof Newton, Kansas, as
previously amended by Ordinance No. 4380-01 and repeals Ordinance 4380-01 and is assigned
Code.
adopt the 2002 Edition of the Uniform Public Offense Code for cities and certain amendments
thereto; and repeals Section 17-101 of the Code of the City of Newton, Kansas, as previously
amended by Ordinance No 4381-01 and is assigned 4422-02 and is contained in Volume W of
Ordinances.
5. Receive plans and specifications for construction of streets in Autumn Glen, Phase
2, and set date and time to receive bids (September 19 at 10:OO a.m. is suggested).
6. Consider an Ordinance extending the cable TV Franchise Ordinance for an

additional 6 month term.
This Ordinance of the City of Newton, Kansas extends the term of the cable franchise of
Cox Communications, Kansas, LLC for a period not to exceed six (6) months and is assigned

August 27,2002
Township 23 South, Range 1 West of the 6' Principal Meridian, City of Newton, Harvey
County, Kansas. This is a 4.3 acre project with 14 lots on it. The intent of the developer is to
construct twin homes on the property.

approve the final plat for Cottonwood Heights Addition. Motion carried 4-0.
12. Receive the recommendation of the ~ewton/NorthNewton Area Planning

Commission to adopt the final plat for Westwood Addition.
Community Development Director Johnson stated that the Planning Commission

approved the final plat for Westwood Addition and unanimously voted to recommend its
approval to the City Commission. The final plat for Westwood Addition is a replat of a portion
of Block 10, Royer West, a Subdivision in the Southwest Quarter of Section 24, Township 23
South, Range 1 West of the 6' Principal Meridian, City of Newton, Harvey County, Kansas.
The property is located along the east side of Split Oak Drive and the north side of Cottonwood
Drive.
MOTION: Commissioner Loescher moved to approve the Final Plat for

Westwood Addition. Commissioner Harris seconded the motion which carried 4-
0.
13. Westwood Addition.
A. Receive a petition for construction of sewer in Westwood Addition.
City EngineerDPW Loomis said the Developer is looking at extending sewer in

Westwood Addition. Water and streets are already available for this area.

receive the petition for construction of sewer in Westwood Addition. Motion
carried 4-0.
B. Consider a contract for engineering services for sewer for Westwood Addition.
City EngineerDPW Loomis stated that Garber Surveying is working with Certified
Engineering Design, PA for design of the Westwood sanitary sewer.

approve the contract for engineering services with Certified Engineering Design,
P.A. for Westwood Addition. Motion carried 4-0.
14. Windward Drive.
A. Receive a petition for the extension of Windward Drive.

August 27,2002
City EngineerIDPW Loomis noted that this item is back before the Commission because
the developer has requested paving in the form of a petition. The approximate cost of extending
Windward Drive would be $300,137.78. She presented four other outlet options. The first option
would extend Old Main to the south which would discharge traffic onto an unpaved road at 24th
Street. The cost to pave Old Main would be approximately $800,000 not including right-of-way
acquisition. The next option would pave Wheatridge Drive to the west and connect it to the
existing paving on Meadowbrook Drive. The approximate cost is $221,000. The next option
would be a new road along the south edge of Turkey Red. This would cost approximately
$536,000, not including right-of-way acquisition. The last option would be a new road lining up
with Quail Creek which would cost over $800,000, not including right of way acquisition.

to receive the petition for Windward Drive. Motion carried 4-0.
B. Consider a Resolution finding advisable and authorizing the extension of

Windward Drive.
A Resolution finding advisable and authorizing the extension of Windward Drive was
considered. The estimated probable cost of the improvement is $300,137.7 with 82.47% to be
assessed to the improvement district and 17.53% to be assessed to the City at Large. The
property is described as:
Lots 1 and 2, Block 1, TFDM Addition to the city of Newton, Harvey County, Kansas:
A tract beginning 80 feet West of the Southeast comer of the Northeast Quarter of Section 29,
Township 23 South, Range 1 East, Harvey County, Kansas; thence West 1230 feet; thence North
3 12 feet; thence East 1230 feet; thence South 3 12 feet to the point of beginning;
A tract beginning at the Southwest comer of Lot 1, Block 1, TFDM Addition to the City of
Newton, Harvey County, Kansas; thence West 285 feet; thence North 1400 feet; thence
Southeasterly 370 feet to the Northwestern comer of Lot 1, Block 1, TFDM Addition; thence
South to the point of beginning;
Judith Cantrell, 223 Windward, noted there have been a lot of accidents lately at the Wal-
Mart location and asked if anyone has reviewed this. She felt opening up Windward would be
opening up more cans of worms. She was informed that a traffic engineering study wasdone at
this location and turning movements were designed according to the study outcome.
Daryl Walter, 209 Windward Court, reminded the Commission he brought a plat showing
every home owner that was for or against the extension of Windward. Residents are not against
.'
development. However, they do not want Windward Drive extended. He suggested the street
stop at the hedge and not go all the way through.
City EngineerDPW Loomis put some numbers together regarding volume of traffic on a
residential street. The City's Comprehensive Plan calls for about 1,500 vehicles per day on a
residential street. She noted that roughly there are about 1,152 vehicles per day that would have
the possibility of using the Windward Drive exit. If additional development happens to the west
(Meadowbrook Drive), there are a little over 1,800 vehicles a day that have the potential to use

August 27,2002
this street. If we would stick strictly with the City's comprehensive plan that says only 1,500
vehicles a day on the street, then Windward Drive could be a considered a collector street and
parking would be limited.
Gene Coleman, 619 East 4,' urged the Commission to accept the plan to extend
Windward Drive in the interest of safety and residential development.
Linda Werries, 229 Windward Drive, questioned whom the petition was received from
and what advantage was it for them to open Windward Drive. She noted that she was under the
understanding that this area would never open up when they bought there. She hates to see this
opened up.
Commissioner Harris stated this is the best alternative that is available although the
residents of the area won't agree. He felt it fosters development and will ease safety concerns.
MOTION: Commissioner Harris moved and Commissioner Scott seconded that

this Resolution, assigned 1-981, be approved as presented. (This Resolution is
contained in Volume C of Improvement Resolutions.)
Further comments fiom the Coymission were received. Commissioner Scott stated
changing the complexity of streets is not an easy decision. Commissioner Loescher felt the safety
issue was a major concern and having a second access into the area is important. The other
options presented were not better.
Vote on the Motion: Motion carried 4-0. (This Resolution is contained in Volume C of
15. North Poplar
A. Receive a petition for paving North Poplar.
This petition is a request for paving on Poplar fiom 16' to 1 7 ~ The

. cost will be assessed
to the adjacent property owners.

accept the petition for paving North Poplar. Motion carried 4-0.
B. Consider a Resolution finding advisable and authorizing the paving of North

Poplar.
A Resolution finding advisable and authorizing the paving of North Poplar was consider.
The property is described as Lots 43 through 56, Block 3 and Lots 85 though 98, Block 5, all in
Crestview Addition to the City of Newton, Harvey County, Kansas. The estimated probable cost
of the project would be $56,310.01 with 100% of the improvement to be assed to the

August 27,2002
The Commission recessed at 9:05 p.m. The Commission reconvened at 9:20 p.m.
Vice Mayor Heck stated the purpose of the executive session was to discuss real estate.
City Attorney reported the City has the opportunity to acquire about 34 acres near existing
property that is being used for sludge disposal. The cost of the land would be $1,617/acre.
MOTION: Commissioner Harris moved to authorize staff to present a purchase

offer on 34 acres of property at $1,617 per acre contingent on satisfaction of
environmental concerns for the SW Corner of SW quarter of Section 31,
Township 265, Range 1 East. Commissioner Scott seconded the motion which
carried 4-0.
23. Adjournment.
at 9:25 p.m.
Vice Mayor
ATTEST:

August 27,2002
RESOLUTION NO:
..
- r+n r ,
WHEREAS, A Petition was filed with the City clerk on the day of nugust ,
2002, proposing the following improvemeit: ~xtensiod.of.~indward.~rive to South Kansas
Avenue, consisting of the construction of approximately 1,014 lineal feet of concrete paving with
curb and gutter, and all related paving and drainage appurtenances, setting forth: (a) the general
nature of the proposed improvement; (b) the estimated or probable cost; (c) the extent of the
proposed improvement district to be assessed; (d) the proposed method of assessment; (e) the
proposed apportionment of cost between the improvementdistrict and the City at large; and (f)
the request that such improvement be xnadewithout?ii~ticeof hearing iu required by K.S.A. 12-
6a04, as amended; and
WHEREAS, the Governing Body did on the 27th day of August, 2002, find such Petition
to be sufficient, NOW,THEREFORE, -- - ,
BE IT ORDAINED BY THE GOVERNINGBODY OF THE CITY OF NEWTON,

KANSAS:
..
-. -
(a) - - It is advisable to make the fdloking &qxovement, and the following
findings of the governing body, to wit: -
. ....
- . . . . .. ..
. -
Extension of Windward ~ k v toe south Kans& Avenue, co11~&g:~f&e . --%.,:, 3.. .. . . .
. construction of approximately 1,014 lineal feet of concrete paving with curb &d
.. .
ma9 all related
..-\ ... .. ,.-
and draimge~appurtenances;
. .
.. '
- -. . .,. -. _.. _ . -
.
. .-
. .
. . .
'
.
. ' _. . .. .
. .
' @) .: The estimated brpmbable
. .-cost. of .siic~:iznProGementis $3OO,W.Y 8;
.. .. - . .
.. .- . -. . <:. :': . ..
(cj -
The boundary of tde iinprovementz,dishict
- -& i-
shall be:
-
b t s P and 2, Block 1, TFDM Additi'on to the City of Newton, Harvey
comty, Kansas; = .
. . A &act beginning'80 f&et-'wist6f the.&outheastcorner of the Northeast

.'. . . . .
m.
Quarter of Section 29, ~ o & h i ~23 South, Range 1 East, Harvey County, .
~ a n s a s-thence
; West 1230 feet; thende.~orth3 12 feet; thence East 1230
. .
feet; thence South 3 12 feet to the point of beginning; ..
.-.
A tract beginning at the Southwest comer of Lot 1, Block 1, TFDM

Addition to the City of Newton, Harvey County, Kansas; thence West 285
feet; thence North 1400 feet; thence Southeasterly 370 feet to the
Northwestern comer of Lot 1, Block 1, TFDM Addition; thence South to
the point of beginning;
R e s 1-981 Windward Drive Extensior:

(d) The method of assessment shall be that each foot of frontage
. - ..-- -
along the said street
improvement to bear equal assessment;
The apportionment of cost between the improvement district and the City at large -
(e)
shall be 82.47% to be assessed against.the improvement district, &17.53% to be
paid by the City at large. .. -
.- . . . ..
- -. -. : . . . .
. - 7.
.- .. .
SECTION 2. Pursuant to K.S.A. 12-6a14, said $u& r v e e n are h&kby.
authorized to be paid for, in whole or in part, by the isskce:of general obligation bonds,,sgid - .
. - . . .
bonds to be issued to reimburse expenditures made after tli$f&te puisua& to ~ & & f y 'I: ;
-- . .
Regulations. . __.-. .
,. .
SECTION 3. This Resolution shall be published one-time in-the official City newspaper
and shall also be filed of record in the Office of the Registei of ~ e e d of
PASSED AND ADOPTED this 27th day of August, 2002.
...... <-- 'a!.- , .

..-. .
'. ?' . .' :.
,
......
/ -
. -. .
*
..
. . . . .<
,. -.
. ..:.. .. . .p&JJ. L
. . t
..
.... . . ..... . . . .
-. .- . .... : Vice Mayor '., . -
ATTEST:
- .-...-.. : . ; .- . . :_, . , .. . . . . -. - .. ....
7
(First published in THE NF,ppPON STATE OF KANSAS, COUNTY OF HARVEY ss

KANSAN, August Sl,2002.) ,
. . Douglas J. Anstaett
RESOLUTION NO.= ' ' Publ~sherof
UWEREAS, A, Petition was fded
with the City Clerk on the 27th day of
The Newton Kansan
fkust. 2002, proposing the foliowing in andlof general,circulation ip HayqCounty, Kansas, with gen-
unprovement: Extension. of Widward era1 a ~ dc~rculat~on on a da~l bass In Harvey Coun Kansas,
Drive to SouthKansas Avenue,.wnsist- and &at said newspaper is noya trade, religious or fragrnal pub-
ing of the eaostruction of approximately
1.014 lineal feet of wncrete paving with lication.
curb and gutter, add a l l related paving
and drainage appurtenances, setting Said newspaper is a dail published at least weekly 50
forth: (a) the general nature of the pro- times a year. has been so publisied continuously and uninter-
posed improvement: 01) tlie estimated ruptedly In &id county and state for a period of more than five
or probable cost; (c) the extent ,of the years prior to the first ublication of sa~dnotice; and has been
proposed improvemenf district to be admitted at the post o&e of Newton, Kansas in said COuntY as
assessed; (d) tke proposed method of second class matter.
assessment; (e) the proposed apportion-
ment of cost betwemthe improvement That the attached notice is a true copy thereof and
district and the City at large and (0the was published in the regular and entire issue of said newspaper
WWeSt that such improGement be
made without notice of hearing as
required by K S . k 12-6a04, as amend- for OI~R consecutive weeks, the first publication
ed; and .
thereof being made as aforesaid on the 31st
WHEREAS the ~~~~gBody did
on the 27th d& of August 2002 find , 2002, with
such Petition to be suiEbent, how Day of Aunust
THEREFOF, . subsequent publications being made on the following dates:
BE IT ORDAINED BY THE GOT-
NEWTON, KANSAS:
SECTION 1. m e Governing ' ~ o d ~
hemby fnds and fmally determines
that: ' . ..
(a) I t is advisable to make& fol-
!owing improv~m~nt, and the follotrring
Improvement 1s hereby authorized and
ordered td. be made in awrdahee irrith
the tindings of the governing body, to Sub 'lad and sworn to before me this 1st day of
wit: . . .
Extension of Windward Drive to
South Kansas Avenue, wnsisting bfthe
Wnstniction of approximately 1'014 lin-
eal feet ofamcrete pauingwia&b,and.
gutter, and all related and
drainage appurtenances; ..
(h) the estimated or probable cost .if: My commission expires: October 18, 2004
such improvement is $300,137.78:
Printer's Fees $ I.W.75 res.no i-981
(c) the boundary of the improvement
district shall be:
Lots 1 and.2, Block 1 TFDM
Addition to the City of ~ e ~Erney
t ~ i
County, Kansas; .-
. A tract beginning80 feet West of the
Southeast comer of. the Northeast
Quarter of Section 29, ?bwnship 23
South Range 1 East; Harvey County,
Kansas; thence West 3230 feet; thenre
. .North 312 feet' th- East 1230 feet.
thedee Sonth $12 feet-@the point 0;
beg-g, .- . .
A tract beginnihg a t the soithwest
wmer of Lot 1,Block 2. TFDMAddition
to the City d Newton Harvey C o w ,
Kansas; thence West iS6 feet. thence
North 1400 feet; the& ~ o u t h ' e a s t e r ~
370 feet to the Northwesterq wrner of
'Lot 1,Block 1,TFDM Addition; thence
South to the point of beginniog; . .
(dl the method of assessment shall
be that each foot of fmntage along the'
said street improvement ta bear.e?pi'
assessment:<. .
(el The apportionment of 'cost
between the improvement.%stridahd
the City a t l a g 6 shall be.82.47W to.be
assessed a g h @ the irhp&i&&t .&
trict, i ~ 17.5356to
d brpaia by t$e City
atlarge. ,:. . - . .
SEGTION 2. Pursliant to K S A,
6a14, said iublie mi pmv&& are
. hereby authorized .to be paia':for, .in
- .- .- . . .. .. , .
whole orin part, by the i s y a m big&-'
eral obligation bonds, said,bonds.~be
issued to reimbume eqkndit&~+de
&E this date pursuant to Treasury
Pegulations. I
SECTION 3.' This &olLtion s ~ d :

be published one time h the .official.
City newspaper an4 shall abb be81edof
record in the OEca of the Register of
'Deeds of Harvey % u n t y , w a s ;
> .
PASSEDAND ADOPEED.thism?7th
day ofAugust, 2002. ,. .
Id Willis S.H&; , .
V i Mayor . .
*Tmm. . . .. .
/d R d d KAhsmuhs
Citv Clerk
ClTY OF NEWTON, KANSAS
FEASIBILITY REPORT
Date: December 6,2002

Project No. 02ST000022 (144)
TO: Governing Body

City of Newton
Newton, Kansas
Commission:
A. General Nature of Project: Street Extension in the Stone Creek Estates addition to the Citv of
Newton. 6" Reinforced Paving Improvement to Duncan Street.
C. Improvement District: Stone Creek Estates Lots 5-7. Block 4 and Lots 18-23 Block 3
---
D. Method Assessment: Each lot to bear equal assessment.
Improvement District 100 % Est. Total $ 127.400.43
F. Recommendations:
THE CITY OF NEWTON

Benefit Distr-ict Map
TO: The Governing ~ o d of

y the
Street extension in the Stone Creek Estates addition to the City of Newton. 6" reinforced
paving improvement to Duncan Street.
amended.
The estimated orprobable cost of such improvement is $ 127.400.43

Lots 18-23, Block 3; and Lots 5-7, Block 4;
occurs first.
Signature Address of Residence horovement District Signing
~16L,
O ~ S 5.1 BiorLq 1 2 - 12 -02-
~ , , t \t?.a3 8\oc-k3 :30 P C?

December 17,2002
The Newton City Commission convened in regular session at 7:00 p.m. on December 17,2002
in the City Commission room at 201 East 6h Street. Attending were Mayor Roberson, Vice Mayor
Heck and Commissioners Harris, Loescher and Scott. Also attending were City Manager Heinicke,
City Attorney Myers, City EngineerIDPW Loomis, Community Development Director Johnson, PI0
Spencer and Deputy Clerk Duerksen.
Pastor Mike Keating of the First United Methodist Church provided the invocation. The Mayor
CONSENT AGENDA
1. Review minutes of November 26,2002 Commission meeting.
2. Receive financial reports for November 2002.
3. Cancellations of 2001 bad debts.
4. Approve an Ordinance appropriating funds for 2003 and ratifying 2002 claims for
payment.
This Ordinance appropriates the amount established in each fund in the budget for the year
2003; provides for the payment of all claims and charges against the accounts provided for therein; and
approves and ratifies the payment of all claims against the accounts for the year 2002 and is assigned
No. 4434-02 which is contained in Volume W of Ordinances.
5. Consider applications for renewals of Cereal Malt Beverage Licenses for General,
Restricted and Limited Retailers for 2003.
NAME LOCATION TYPE

Bill's Bar 42 1 N. Main GR
Play-Mor Lanes 1105 ~ a s h & t o n Road RR
Eastgate Lanes 1610 East 2ndStreet RR
El Toro Cafk 121 West 5' RR
Dillons Store #77 1410 S. Kansas LR
Dillons Store #24 1216 N. Main LR
Falley's Food 4 Less 1801 W. 1' LR
Hill's C Store #1 1609 East la LR
Hills C Store #2 1420 Old Main LR
First Stop 129 W. Broadway LR
Prime Time Store #13 100 S. Main LR
Prime Time Store #I26 1823 N. Main LR
Prime Time Store #I27 1608 East la LR
Prime Time Store #19 3525 S. Duncan LR
Casey's General Stores, Inc. 1815 W. 1'' LR
6. Consider a Resolution defining the corporate limits.

December 17,2002
This Resolution defines the corporate limits and boundary limits of the City of Newton, Kansas
and is assigned Resolution No. (3-852 which is contained in Volume E of General Resolutions.
7. Stone Creek Estates.
A. Receive petitions for extension of streets to serve Stone Creek Estates, Phase 4.
B. Consider a Resolution finding advisable and authorizing the extension of streets.
gutter in Stone Creek Estates to Duncan Street. The property is described as Lots 18 through
23, Block 3; and Lots 5 through 7, Block 4 all in Stone Ci-eek Estates and is assigned I988 and
is contained in Volume C of Improvement Resolutions.
C. Consider a contract for engineering services with Certified Engineering Design.
MOTION: Commissioner Harris moved and Commissioner Scott seconded to approve

the Consent Agenda as presented. Motion carried 5-0.
REGULAR AGENDA
8. Citizen's Forum.
Penny Dugan, New Jerusalem Ministries, stated she receives a lot of phone calls for assistance
since the phone book has them listed as a mission. She wanted to bring awareness that there is a need
for a homeless shelter. She distributed an Emergency Proposal for Transient Needs 2003. She noted
that in their building there is a section planned for a community center. She asked that a task force
which includes City leaders, Church leaders, NJM staff and civic leaders be put together to look closer
at this issue. The proposal requests City assistance with funding, support and protection.
A. Receive Pastor Bender with update on the 2002 Homeless Conference.
Pastor Bender reported that he attended the 2002 Homeless Conference in Wichita on
November 14. He felt the City had funds available for insurance to help jump start the homeless
mission and asked the City to contribute $500 today.
9. Manager's Update.
+ Governor Graves announced cuts in the State budget. Cuts to Newton for the remainder of the
year: $85,000. Next year the City is expected to lose $400,000. The League and KS
Association of Counties are challenging the legal authority of the Governor. To date 169 cities
and 77 counties have specificallyjoined the case.
+:* Harvey County and USD 373 have signed off on the Neighborhood Revitalization Program
which was reauthorized by the Commission at the last meeting. Sixtytwo properties have
taken advantage of the program since its inception.

December 17,2002
City Attorney Myers stated that the Commission previously approved a new lease agreement
with the library for changing mechanical systems. The agreement says it's the Library's responsibility
to pay for liability insurance. Somewhere along the line the City begm providing the coverage since it
could be tacked onto our coverage fairly cheaply. If the Library had to purchase this it would cost
more money. The agreement would make the change for the City to provide the coverage instead of
the Library. MOTION: Vice Mayor Heck moved and Commissioner Harris seconded to accept the
change for the City to provide insurance for the Library. Motion carried 5-0. He then requested an
executive session to discuss litigation matters.
25. New Business.
Community Development Director Johnson noted that he has received a number of letters
regarding the City's skateboard park behind the NRC. The park continues to be vandalized. During the
last monthly meeting with the NRC and USD 373 a great deal of enthusiasm was expresad for options
for reducing vandalism and improving the quality and size of the skate park. Staff is looking into the
funding elements of this and should have something to report at a future meeting.
Commissioner Harris noted that that south central delegation to the Kansas Legislature will be
having a meeting on January 6 at which REAP will present their legislative agenda. Following that
meeting REAP will host a "meet and greety'the Legislators of this area.
MOTION: Commissioner Scott moved to recess to executive session for 15 minutes to

discuss litigation matters under attorneylclient privilege to include the City Manager
and City Engineer. Vice Mayor Heck seconded the motion which carried 5-0.
The Commission recessed to executive session at 9: 15 p.m. The Commission reconvened at

9:30 p.m. Mayor Roberson announced no decisions were made and not action was taken.
26. Adjournment.
There being no further business to come before the Commission, the meeting was adjourned at
9:30 p.m. /I
ATTEST:
City Clerk

December 17,2002
RESOLUTION NO. 1-
q83
WHEREAS, A Petition yas filed with the City Clerk on the &%lay of & r l ~ kr , b
2002, proposing the following improvement: Extension of street pavement, curb and gutter in
Stone Creek Estates to Duncan Street, setting forth: (a) the general nature of the proposed
improvement; @) the estimated or probable cost; (c) the extent of the proposed improvement
district to be assessed; (d) theproposed method of assessment; (e) the proposed apportionment of
. cost between the improvement district and the City at large; a d ( f ) the request that such
WHEREAS, the Governing Body did on the 17th day of December 2002, find such
-Petitio$to:be sufficient, NOW, THEREFORE,
.. . a
.'. . .:BEIT RESOLVED BY THE GOVERNING BODY OF THE CITY OF NEWTON,

av$AS:
: ... .
7.
.v
t SECTION 1. The ,GoverningBody hereby findsand finally determines that:
-... .
(a) It is advisabl'e'to make the following improvement, and the following
improviment is hereby authorized and ordered to be made in accordance with the
. findings of the governing body, to wit: Extension of street pavemenf curb and
gutter in Stone Creek Estates to Duncan Street;
- .-", .
%-. )..,-- . The estimated

.:.- or p-obable cost of such improvement is 5127,400.43;
. ..- . . . .
,
.-e. . .
(6) The boundary of the improvement district shall be:

. . .:..:. . - . .
. . : . ., -Lots 18 thiough 23, Hock 3; and Lots 5 through 7, Block 4; all io Stone
-
:' -. . : . ~ r e d i ~ s. ' t. a tan
e saddition to the City of Newton, Harvey County, Kansas;
(d) The method of assessment shall be that each lot in the improvement district to
(e) The apportionment of cost between the improvement district and the City at large
shall be 100% to be. assessed against the improvement district, and 0% to be paid
-
Regulations.
.a.
PASSED AND ADOPTED this 17th day of ~ecember,2002.

.
(Firat'published in THE N E ~ O N STATE OF KANSAS, COUNTY OF HARVEY ss
KANSAN;December 28,2002.)' . Douglas J. Anstaett
N E!8&
~ ~ O L U T I ONO. Publ~sherof
WHEREAS, A Petition was filed The Newton Kansan
oltith the City Clerk on the 12th day of a dail newspaper printed in the State of Kansas, and published
December, 2002, proposing the follow-
ing improvement: Extension of street in andlof general circulation in Harvey County, Kansas, with gen-
pavement, curb and b t t e r in Stone eral aid circulation on a dail basis in Harvey Coun Kansas,
Creek Estates to Duncan Street, setting andhat said newspaper is noya trade, religious or fra%rnal pub-
forth: (a) the general nature of the pro- lication.
posed improvement; (b) the estimated
or probable cost; (c) the extent of the Said newspaper is a dail published at least weekly 50
p r o m improvement district to be times a year; has been so publisKed continuously and uninter-
assessed; (d) the proposed method of ruptedly In said count and state for a period of more than five
aseeesment; (e) the proposed apportion- year? prior to the first!pblication of sa~dnotice; a ~ has
d been
ment of eost between the impmvement admltted at the post o Ice of Newton, Kansas In sa~dCounty as
district and the City at large; and (0the second class matter.
request that &ch improvement be
made ,wi+out notice of hearing as That the attached notice is a true copy thereof and
required by K.S.A. 12-6a04, as amend- was publ~shedIn the regular and ent~reIssue of sard newspaper
ed; and
WHEREAS, the Governing Body did for One consecutive weeks, the first publication
on the 17th day of December, 2002, fmd
such Petition to be sufficient, NOW thereof being made as aforesaid on the ~8th
THEREFORE, ,
BE IT,RESOLVED BY THE GOV- Day of December , 2002, with

ERNING BODY OF THE ClTY OF subsequent publications being made on the following dates:
NEWTON, KANSAS
that:
(a) It is advisabl&to make the fol-
the findings of .the governing body, to
and gutter in Stone Creek Estates to
Duncan Street; Subscribed and sworn to before me this 30th day of
fb) The estimated or'probable cost of
such improvement is: $127,400.43; December
'ment district shall be:
I-/ 0 A
. . Notary Public
Lots 18 through 23, Block 3; and
Lots 5through 7, Block 4; all in Stone My commission expires: October 48, 2094
Creek Estates an addition to the City of.
-Newton, Harvey County, Kansas; Printer's Fees $ f 137.25 res. no 1-988
(d) The method of rissessment shall
be that each lot in the improvement dis-
trict to bear equal assessment;
(el The apportionment of cost
&tween the improvement district and
the City at large shall be 100% to be
assessed against $he improvement dis-
trict, and 0% to be paid by the City at
large.
6814, said public improvements are
Regulations.
PASSED AND ADOPJ!ED this 17th
day of December, 2002.
Id Marjorie L. Roberson
Mayor
ATTEST
City Cferk
---
CITY OF NEWTON, ICANSAS
FEASIBILITY REPORT
Date: 10\8\02
Project No.02SS000023
TO: Governing Body

City of Newton
Newton, Kansas
Gentlemen:
A. General Nature of Project: Extension of Sewer Lines in Stone Creek Estates (Sewer District 29-13 )
Estimated Total Cost $ 30,015.37 I .-

a
C. Improvement District: Lots 5.6, & 7 Block 4: Lots 18,19,20,21. & 22 ~ I o c d 3 b t o n eCreek Estates an
V
addition to the City Of Newton, Harvev Countv Kansas
D. Method Assessment: Each Lot in the Improvement District to bear equal assessn~ents
City at Large -
0% Est. Total $
F. Recommendations:
THE CITY OF NEWTON


improvement:
Extension of sanitary sewer lines in Stone Creek Estates (Sewer District 29-H)
The estimated or probable cost of such improvement is $ 30,015.37 .
Lots 5,6, & 7 Block 4; Lots 18, 19,20,21 & 22 Block 3; Stone Creek Estate an addition to the City of Newton,
Harvey County, Kansas
The proposed method of assessment is: Each lot in the improvement district to bear equal assessment
100 % to be assessed against the improvement district and 0 % to be paid by the City at large.
We further request that such improvement be made without notice and hearing as required in K.S.A. 12-
6a04 as amended.
Property owned Date &

within Proposed time of
Signature Address of Residence lmorovem& District Signing
yes,L o t s 5 4 7 B i 0 c t Y
3324 S , D " ~ L ~ O /Q
8-/dl
: 3 0 -0%
PI?
i rf a , g - , q . 2 c - ~ , - Z Z . B I O J ~
October 22,2002
The Newton City Commission convened in regular session at 7:00 p.m. on October 22,2002 in
the City Commission room at 201 East 6'h Street. Attending were Mayor Roberson, Vice Mayor Heck
and Commissioners Harris, Loescher and Scott. Also attending were City Manager Heinicke, City
EngineerIDPW Loomis, Director of FinanceICity Clerk Ahsmuhs, Director of Community
Development Johnson and Deputy Clerk Duerksen. City Attorney Myers was absent.
Pastor Jim Anderson of the ~ i r s United

t Presbyterian Church provided the invocation. The
CONSENT AGENDA
1. Review minutes of October 8 and October 15,2002 Commission meetings.
2. Receive financial reports for September 2002.
3. Stone Creek Estates, Phase 4.

A. Receive petitions, plans and specifications for water and sewer extensions in Stone
Creek Estates, Phase 4.
B. Consider a Resolution finding advisable and authorizing the construction of sewer lines
to serve 29-H.
This Resolution finds advisable and authorizes the construction of sewer lines to serve Sewer
District 29-H. The property is described as Lots 18, 19, 20, 21 and 22, Block 3; and Lots 5, 6 and 7,
Block 4; all in Stone Creek Estates, an Addition to the City of Newton, Harvey County, Kansas. Cost
of the improvement is estimated at $30,015.37 with 100% to be assessed to the improvement district
and 0% to be paid by the City at large. This Resolution is assigned Improvement Resolution 1-983 and
C. Consider an Ordinance creating Sewer District 29-H.
This Ordinance creates Sewer District 29-H in the City of Newton Kansas and is assigned No.
D. Consider a Resolution finding advisable and authorizing the construction of water

lines to serve Water District 5-1.
This Resolution finds advisable and authorizes the construction of water lines to serve Water
District 5-1. The property is described as Lots 18, 19, 20, 21 and 22, Block 3; and Lots 5, 6 and 7,

October 22,2002
E. Consider an Ordinance creating Water District 5-1.
This Ordinance creates Water District 5-1 in the City of Newton, Kansas and is assigned No.
F. Set date and time to receive bids for sewer and water (November 11 at 2 0 0 p.m. is suggested).
4. Consider plans and specifications for paving of Poplar from 1 6 ' ~to 1 7 ' ~Street and set
date and time to receive bids (November 11 at 2:OO p.m. is suggested).
5. Consider a Resolution establishing a public hearing for Millennium Machine for a tax
abatement.
This Resolution establishes a time and date for the conduct of a public hearing on an
application to the Government Body of the City of Newton, Kansas, for the granting of an exemption
from ad valorem taxation for certain property proposed to be improved, expanded and equipped by
Millennium Machine and Tool for manufacturing purposes and is assigned (3-847 and is contained in
Volume E of General Resolutions.
The Mayor added the appointment of Cindi Unruh to the CVB to replace Joe Kennedy, term
ending 4-30-2004.

the Consent Agenda. Motion carried 5-0.
REGULAR AGENDA
6. Citizen's Forum.
A. Receive a proclamation recognizing United Methodist Youthville's 75 anniversary.

Randy Pankratz, Youthville board member, intfoduced their CEO, John Francis. Mr. Francis
then read the proclamation which declares November 2, 2002 as a day of celebration and recognition
of 75 years of service to children of Kansas. Youthville began its mission as a Methodist Home for
Children, to serve orphaned, homeless and underprivileged children from across the state.
MOTION: Commissioner Loescher moved and Vice Mayor Heck seconded to accept
the proclamation. Motion carried 5-0.
The first Balloons Over Kansas was held last weekend. The City did not sponsor the event, but
allowed the event to be held at the Airport. There were 2500 attendees.
The League of Kansas Municipalities met last week in Wichita. The City Engineer had one of
the most popular roundtables on recycling. The City Attorney also was a presenter in a
recycling workshop.
The Blue Sky Sculpture is nearing completion. November 10 at 5:00 p.m. will be the
dedication of this artwork.

October 22,2002
playground and equipment will become a part of the Newton Park system and will be maintained by
Park staff. About $200,000 in State money and $2 million in private funds have been used to make
Lincoln School into an apartment complex.
MOTION: Commissioner Loescher moved to accept the deed of Lots 18, 20, 22, 24
and 26, S.A. Brown's Subdivision of block 85, City of Newton, Harvey County Kansas.
Commissioner Scott seconded the motion which carried 5-0.
12. Consider the Mayor's appointments to the housing/golf course development study
committee.
The Mayor presented a list of people fiom the community who have agreed to be members of
the task force to evaluate the residential golf course proposal. The financial feasibility task force will
meet October 3 1 at 4:00 p.m. and economic impact task force will meet November 5 at 4:00 p.m. Both
meetings will be held at the Newton Public Library Community Room. Those serving on the financial
feasibility task force are Michael Barron, Evelyn Gregg, Bill Hake, Rod Nicholson, Jerrie Pouch,
Melvin Schadler, Rick Snyder, John Suderman, Les Monroe, Frank Spangler, Ken Horst and Gina
Gaede. Those serving on the economic impact task force are Jim Reese, Kerry Newell, Steve Kelly,
Susan Downey, Bev Metcalf, Jeff Ronen, Ray Penner, Gary Jantz, Daryl Wedel, Roger Gillispie, Me1
McAnulty, Tim Richards, Susan Jones and George Rogers.
MOTION: Vice Mayor Heck moved to accept the lists presented for the task force.
Commissioner Harris seconded the motion which carried 5-0.
13. Old Business.
Mayor Roberson noted that the Chamber sent a letter to the City regarding putting a task force
together to address downtown rehab. This item will be place on the next agenda.
14. New Business.

City Manager Heinicke reminded the ~ o k n i s s i o nof the League district supper meeting to be
held on November 19 in Salina. Those wishing to go need to let staff know.
15. Adjournment.
There being no further business to come before the Commission the m e e t i n w adjourned at
ATTEST:

October 22,2002
RESOLUTION NO.1-983
WHEREAS, A Petition was filed with the City Clerk on the &day of October, 2002,
proposing the following improvement: construction of a sanitary sewer line extension to serve
the belowdescribed property in Stone Creek Estates (Sewer ~ i s & c NO.
t 29-H) setting forth: (a)
the general nature of the proposed improvement; (b) the estimated or probable cost; (c) the extent
of the proposed improvement district to be assessed; (d) the pr~posedmethod of assessment; (e) .
(f) the request that such improvement be made without'noticeof hearing as required by K.S.&- .-. .
._-.. - ...
12-6a04, & amended; and
WHEREAS, the Governing Body did on the 22nd day of October, 2002, f e d such
Petition to be sufficient, NOW, THEREFORE, -
BE IT CRDANEC BY 335 GOVE%DTSEQDY OF TEE CITY OF ~.TSPFOIhu',

KANSAS:
(a) It is advisable to make the following improvement, and the following
findings of the governing body, to wit: construction of a sanitary sewer line
extension to serve the below-described property in Stone Creek Estates (Sewer -
District-No.2943);
(b) The estimated or probable cost of such improvement is $30,015.37;
(c) The boudary of the improvement district shall be:
Lots 18,19,20,21 and 22, Block 3; and Lots 5,6 and 7, Block 4; all in
Stone Creek Estates, an Addition to the City of Newton, Harvey County,
-;
(d) The method of assessment shall be thar each.lot in the improvement district shall
'mar q u d assessment;
. .
(e) The apportionment of cost between the improvement district and the City at large
shall be 100% to be assessed against the improvement district and 0% to be paid
SECTION 2. Pursuant to K.S.A. 126a14, said public improvements are hereby

Regulations.
SECTION 3. This Resolution shall be published one tinie in the official City newspaper
and shall also be filed of record in the Office o f the ~ e g i s tof
~ rDeeds of Hawey County, Kansas.
PASSED AND ADOPTED this 22nd day of October, 2002.

KANSAN, October 25,2002.) STATE OF KANSAS, COUNTY OF HARVEY ss
Douglas J. Anstaett
RESOLUTIONNO.IB3 being first duly sworn, deposes and says: That he is Editor and
Publisher of
W R E A j l , A Petition was fded
with the @t)rCjekk on,@ 22pd day of The Newton Kansan
October, 2002; proposing the' follo$ng a dail newspaper printed in the State of Kansas, and published
improvemefititonstmction of a samtary in andof general circulation in Harvey County, Kansas, with gen-
sewer line extension to $ e m the below- era1 aid circulation on a dail basis in Harvey Count Kansas,
described property in Stone Creek a n d i a t said newspaper is noya trade, religious or fragrnal pub-
I Estates (Sewer District No. 29-H) set- Iwatlon.
tins forth: (a) the general nature of the
proiosed improve6ent; (b) the estimat- Said newspaper is a dail published at least weekly 50
ed or probable cost; (c) the extent of the times a year has been so publis\ed continuously and uninter-
proposed improvement district to be
11 assessed, (d) ,the proposed method of ruptedly In shd count and state for a period of more than five
assessment; (e) the proposd apportion- years prior to the firs$ublication of said notice; and has been
ment of cost between the improvement admitted at the post o ice of Newton, Kansas in said County as
required by KS.k 12-6a04, as amend- was published rn the regular and ent~reissue of said newspaper
ed; and
for- consecutive weeks, the first publication
on the 22nd day of October, 2002, fmd
such Petition to be sufficient, NOW thereof being made as aforesaid on the ?MI
THEREFORE,
Day of Octobsr , 2002, with
NEWTON, KANSAS:
hereby fmds and fmally determines .
that:
I (a) It is advisable tb make the fol-
b

; line extension to serve the below-
described property in Stone Creek Subscribed and sworn to before me this 28th day of
Estates (Sewer District No. 29-H);
such improvement is: $30,015.37; .
'
! - I
Lots 18, 19, 20, 21 and 22, Block 3;

My commission expires: October 3 8.2004
and Lots 5,6 and 7, Block 4; all in Stone
Creek Estates, an Addition to the City Printer's Fees $ I ? 0.00 r ~ no
s i-983
of Newton, Harvey County, Kansas;
(d) The method of assessment shall
be that each lot in-the improvement dis-
trict shall bear equal assess men^;
the City at large shall be: 100% to be
large.
.after this date pursuant to Treasury
Regulations.
, City newspaper and shall also be filed of
PASSED AND ADOPTED this 22nd
day of January, 2002. ,
Id Marjorie L. Roberson
Mayor
City Clerk
FEASIBILITY REPORT
Date: 10\8\02
Project No.02WT000024
TO: Governing Body

City of Newton
Newton, Kansas
Gentlemen:
A. General Nature of Project: Extension of Water Lines in Stone Creek Estates (Water District 5-1 )
C. Improvement District: Lots 5.6. & 7 Block 4; Lots 18,19.20,21, & 22 Block 3 Stone Creek Estates an
addition to the City Of Newton, Harvey County Kansas
D. Method Assessment: Each Lot in the Improvement District to bear equal assessn~ents
City at Large -
0% Est. Total $
F. Recommendalions:
THE CITY OF NEWTON

1 PETITION FOR IMPROVEMENTS

improvement:
Extension of water lines in Stone Creek Estates (Water District 5-1)
The estimated or probable cost of such improvement is $ 17,948.35 .
Lots 5,6, & 7 Block 4; Lots 18, 19,20,21 & 22 Block 3; Stone Creek Estate an addition to the City of Newton,
Harvey County, Kansas
The proposed method of assessment is: Each lot in the improvement district to bear equal assessment
100 % to be assessed against the improvement district and 0 % to be paid by the City at large.
We further request that such improvement be made without notice and hearing as required in K.S.A. 12-
6a04 as amended.
Property owned Date &

within Proposed time of
Signature Address of Residence Improvement District Sirning
Date Filed 10 "&?-a - .

- city Clerk
October 22,2002
The Newton City Commission convened in regular session at 7:00 p.m. on October 22,2002 in
the City Commission room at 201 East 6" Street. Attending were Mayor Roberson, Vice Mayor Heck
and Commissioners Harris, Loescher and Scott. Also attending were City Manager Heinicke, City
EngineerDPW Loomis, Director of FinanceJCity Clerk Ahsmuhs, Director of Community
Development Johnson and Deputy Clerk Duerksen. City Attorney Myers was absent.
Pastor Jim Anderson of the First United Presbyterian Church provided the invocation. The
CONSENT AGENDA
1. Review minutes of October 8 and October 15,2002 Commission meetings.
2. Receive financial reports for September 2002.
3. Stone Creek Estates, Phase 4.
A. Receive petitions, plans and specifications for water and sewer extensions in Stone
Creek Estates, Phase 4.
B. Consider a Resolution finding advisable and authorizing the construction of sewer lines
to serve 29-H.
This Resolution finds advisable and authorizes the construction of sewer lines to serve Sewer
District 29-H. The property is described as Lots 18, 19,20,21 and 22, Block 3; and Lots 5, 6 and 7,
C. Consider an Ordinance creating Sewer District 29-H.
This Ordinance creates Sewer District 29-H in the City of Newton Kansas and is assigned No.
D. Consider a Resolution finding advisable and authorizing the construction of water
lines to serve Water District 5-1.
This Resolution finds advisable and authorizes the construction of water lines to serve Water
District 5-1. The property is described as Lots 18, 19, 20, 21 and 22, Block 3; and Lots 5, 6 and 7,

October 22,2002
E. Consider an Ordinance creating Water District 5-1.
This Ordinance creates Water District 5-1 in the City of Newton, Kansas and is assigned No.
F. Set date and time to receive bids for sewer and water (November 11 at 2:00 p.m. is suggested).
4. Consider plans and specifications for paving of Poplar from 16" to lythstreet and set
date and time to receive bids (November 11 at 2 0 0 p.m. is suggested).
5. Consider a Resolution establishing a public hearing for Millennium Machine for a tax
abatement.
This Resolution establishes a time and date for the conduct of a public hearing on an
application to the Government Body of the City of Newton, Kansas, for the granting of an exemption
from ad valorem taxation for certain property proposed to be improved, expanded and equipped by
Millennium Machine and Tool for manufacturing purposes and is assigned G-847 and is contained in
Volume E of General Resolutions.
The Mayor added the appointment of Cindi Unruh to the CVB to replace Joe K e ~ e d yterm
,
ending 4-30-2004.

the Consent Agenda. Motion carried 5-0.
REGULAR AGENDA
6. Citizen's Forum.
A. Receive a proclamation recognizing United Methodist Youthville's 75 anniversary.

Randy Panlsratz, Youthville board member, introduced their CEO, John Francis. Mr. Francis
then read the proclamation which declares November 2,2002 as a day of celebration and recognition
of 75 years of service to children of Kansas. Youthville began its mission as a Methodist Home for
Children, to serve orphaned, homeless and underprivileged children from across the state.
MOTION: Commissioner ~oeschermoved and Vice Mayor Heck seconded to accept

the proclamation. Motion carried 5-0.
The fxst Balloons Over Kansas was held last weekend. The City did not sponsor the event, but
allowed the event to be held at the Airport. There were 2500 attendees.
The League of Kansas Municipalities met last week in Wichita. The City Engineer had one of
the most popular roundtables on recycling. The City Attorney also was a presenter in a
recycling workshop.
The Blue Sky Sculpture is nearing completion. November 10 at 5:00 p.m. will be the
dedication of this artwork.

October 22,2002
playground and equipment will become a part of the Newton Park system and will be maintained by
Park staff. About $200,000 in State money and $2 million in private funds have been used to make
Lincoln School into an apartment complex.
MOTION: Commissioner Loescher moved to accept the deed of Lots 18, 20, 22, 24
and 26, S.A. Brown's Subdivision of block 85, City of Newton, Harvey County Kansas.
Commissioner Scott seconded the motion which carried 5-0.
12. Consider the Mayor's appointments to the housinglgolf course development study
committee.
The Mayor presented a list of people from the community who have agreed to be members of
the task force to evaluate the residential golf course proposal. The financial feasibility task force will
meet October 3 1 at 4:00 p.m. and economic impact task force will meet November 5 at 4:00 p.m. Both
meetings will be held at the Newton Public Library Community Room. Those serving on the financial
feasibility task force are Michael Banon, Evelyn Gregg, Bill Hake, Rod Nicholson, Jerrie Pouch,
Melvin Schadler, Rick Snyder, John Suderman, Les Monroe, Frank Spangler, Ken Horst and Gina
Gaede. Those serving on the economic impact task force are Jim Reese, Kerry Newell, Steve Kelly,
Susan Downey, Bev Metcalf, Jeff Ronen, Ray Penner, Gary Jantz, Daryl Wedel, Roger Gillispie, Me1
McAnulty, Tim Richards, Susan Jones and George Rogers.
MOTION: Vice Mayor Heck moved to accept the lists presented for the task force.
Commissioner Harris seconded the motion which carried 5-0.
13. Old Business.
Mayor Roberson noted that the Chamber sent a letter to the City regarding putting a task force
together to address downtown rehab. This item will be place on the next agenda.
14. New Business.
City Manager Heinicke reminded the Cokunission of the League district supper meeting to be
held on November 19 in Salina. Those wishing to go need to let staff know.
15. Adjournment.
There being no further business to come before

7:30 p.m.
ATTEST:

October 22,2002
WHEREAS, A Petition was filed with the City clerk on the day of October . .
2002, proposing the following improvement: construction of a water line extension to servk the = .
belowdescribed property in Stone Creek Estates (Water District No. 5-1) s e h g forth: (a) the
general nature of the proposed improvement; (b) the estimated or probable cost; (c) the extent of
the proposed improvement district to be assessed; (d) the proposed method of assessment; (e) the .
proposed apportionment of cost between the improverpent d i s d t and the City at large; and (f)
the request that such improvement be made without rfotice of hearing as required by K.S.A. 12-
6a04, as amended; and . .
WHEREAS, the Governing Body did on the 22nd day of October 2002, find such
BE IT O-KDANEF) BY TKZGOVERNING BODY OF T

riE CITY OF hiWTON,
KANSAS:
. -
:I.,
'
.
SECTION .1;' The
. . G O V & & ~ ~Body hereby finds and finally determines that: .. .

findings of the governing body, to wit: construction of a water line extension to
serve the below-described property in Stone Creek Estates (Water District No. 5-
9; -
The estimated or probable cost of such improvement is $17,948.35;
Theboundary of the improvement district shall be:
Lots 18,19,20,21 and 22, Block 3; and Lots 5,6 and 7, Block 4; all in
Stone Creek Estates, an Addition to the City of Newton, Harvey County,
Kansas;
The method of assessment shall be that each lot in the ~provementdistrict shall
tiear equal assesmeng
The apportionment of cost between the improvement district and the City at targe
shall be 100% to be assessed against the improvement district and 0% to be paid
SECTION 2, Pursuant to K.S.A. 12-6af 4, said public improvements are hereby

Regulations.
PASSED AND ADOPTED this 22nd day of October, 2002.

First published in THE NEWTON
KANSAN, October 25,2002.) STATE OF KANSAS, COUNTY OF HARVEY ss
Douglas J. Anstaett
RESOLUTION NO. mu ' being first duly sworn, deposes and says: That he is Editor and
Publrsher of
with the City ~ l e r kon
j the 22nd day of The Newton Kansan
October, 2002; proposiqg the following a dail newspaper printed in the State of Kansas, and published
improvement: construction of a water in andlof general circulation in Harvey County, Kansas, with gen-
line edtension to serve the below- eral aid circulation on a daily basis in Harvey Count Kansas,
described property in Stone Creek y d h a t said newspaper is not a trade, religious or fragrnal pub-
Estates (Sewer District No, 5-1) setting Ircatlon.
forth: (q) the general nature of the pro-
' posed improvement; (b) the estimated Said newspaper is a dail published at least weekly 50
8 or probable cost; (c) the extent of the
, proposed improvement district to be times a year; has been so publis\ed continuously and uninter-
assessed; (d) the proposed method of ruptedly In said county and state for a period of more than five
assessment; (e) the proposed apportion- years prior to the first ublication of sa~dnotice; and has been
ment of cost between the improvement admitted at the post o&e of Newton, Kansas in said County as
required by K.S.k 12-6a04, as amend- was publ~shedIn the regular and entrre Issue of sa~dnewspaper
ed; and
WIBREAS, the GoverningBody did for Ons consecutive weeks, the first publication
on the 22nd day of October, 2002, find
' such Petition to be suacient, NOW thereof being made as af~resnidon the 75th
THEREFORE,
Day of October , 2002, with
ERNING BODY OF THE (31[TY OF subsequent publications being made on the following dates:
NEWTON, KANSAS:
SEC.TION 1. The Governing Body
hereby fmds and finally determines
that: ,
wit: constmction of a water line exten-
erty in Stone Creek Estates (Sewer Subscribed and sworn to before me this ZBh day of
District No. 5-1); /7

October
such improvement is: $17,948.35; .

*ent district shall be:
' .,LO&18, 19, 20, 21 and 22, lock 3; My commission expires: October 18. 2004
'and Lots 5,6 and 7, Block 4; qll in Stone
Creek Estates, an Addition to the City Printer's Fees $ 110.00 rss no i-984
of Newton, Harvey County, Kansas; , *.
(d) The method of 'assessment shall
1 ,be: each lot in the improvement district
to bear equal assessment;
1, between
the improvement district and
large.
SECTION 2. Pursuant to KS.A. 12-
6a14, said public improvementsrare
hereby authorized to be paid for:' iq.: '
whok or in part, by the issuance of ge&'
era1 obligation boeds, said bonds to be
Regulations.
record in the ORce of the Register of
PASSED AND ADOPTED this 22nd
".1st Marjorie L. Roberson
Mayor "
ATTEST:
. . .
/s/ Ronald R. Ahsmuhs
City Clerk
FEASIBILITY REPORT
Date: 1 111 912002

Project No.02SS000027 (149)
TO: Governing Body

City of Newton
Newton, Kansas
Gentlemen:
A. General Nature of Project: 2035 LF Extension of Sanitarv Sewer, 7 Manholes and related appurtenance in
Stratford Place Addition - Phase 6 (Sewer District 31-F)
C. Improvement District: Lots 4.5.8 - 40 Block 4:Lots 9 - 14 Block 10: Stratford Place Addition to the
Citv Of Newton. Harvev Countv Kansas
D. Method Assessment: Each Lot in the Improvement District to Bear Equal Assessments
Improvement District 100 % Est. Total $ 97.768.38
F. Recommendations:
THE CITY OF NEWTON

STRATFORD PLACE - PHASE 6
SANITARY SEWER DISTRICT 31-F

2035 LF Extension of Sanitary Sewer, 7 manholes and related appurtenances in Stratford Place Addition, Phase 6
Sewer District 3 1-F
amended.

Lots 4,5, 8-40, Block 4; Lots 9-14, Block 10; Stratford Place Addition
occurs first.
Signature Address of Residence Improvement District Signing
November 26,2002
2002 in the City Commission room at 201 East 8 Street. Attending were Mayor Roberson,
business.
CONSENT AGENDA
3. Westwood Sewer.

Block 1; Lots 1 through 10, Block 2; Lot 6, Block 5; all in Westwood, an Addition to the City of
C. Consider an Ordinance creating.sewer District 35-A.

November 26,2002
Block 3; Lots 2 through 20, and Lots 33 through 46, Block 4; and Lots 9 through 14, Block 10;
C. Consider an Ordinance creating Water District 19-F.
This Ordinance creates Water District 19-F in the City of Newton, Kansas and is assigned
Ordinance No. 4430-02 and is contained in volu& W of Ordinances.

Sewer District 3 1-F in Stratford Place Addition. The property is described as Lots 4 and 5, and

Electrical Code.
Kansas, as previously mended by Ordinance No. 4304-99; and repealing Ordinance 4304-99

November 26,2002
7. Mayor's Appointment - Convention & Visitors Bureau Board, Jeanine Stults, unexpired term
ending 4-20-2003

REGULAR AGENDA
Citizen's Forum.
Manager's Update.
Vice Mayor Heck, City Attorney, and City Manager attended the League district meeting
in Salina last week. The State has a $4 billion budget and will be $1 billion short next
year. Message from the League was don't count on the $300,000 in demand transfers,
don't count on the $570,000 in gasoline taxes for local streets, don't count on Harvey
County getting $900,000 in gas tax and the transportation plan is likely dead. Today it
was announced that $48 million dollars will be cut from citylcounty demand transfers.
This means the City will loose $85,000 for the rest of the year and it is estimated we will
loose $301,000 for next year.
Council of Governments met last week and established five priority legislative issues for
the Council 1) State shared revenue should continue to flow to citieslcounties, 2)
Constitution home rule should not be preempted, 3) close loopholes on tax exempt
housing, 4) assure that wireless phone users pay 911 tax, not just land line users, 5)
support elimination of exemptions from sales tax, internet sales. It was noted that there
were two major victories last year. One was keeping Harvey County in the 4&
Congressional District and the other was keeping Harvey County in the Wichita MSA.
The regular meeting for December is the 17&.
The Fire Chief will be retiring in March. There will be an assessment center process to
select the next chief.
Hospital groundbreaking will be December 2, at 1:30 p.m.
Benchmark Report.
Director of FinanceICity Clerk Ahsmuhs reviewed the benchmark report through

October.
11. Consider an Ordinance extending the moratorium on the issuance of licenses for
sexually oriented businesscis to February 3,2003, to permit further time for
development of and public comment on a final regulatory ordinance.
City Attorney Myers noted that there has been a new court decision regarding SOB
Ordinances. The 10&Circuit Court of Appeals issued a decision regarding a challenge to the
SOB Ordinance in Littleton Colorado. Kansas is in the ldb Circuit so it effects our proposed
ordinance. The challenge was about the process for considering the approval, suspension or
revocation of a SOB license. The decision to approve or deny a license or suspend or revoke a

November 26,2002
16. Old Business.
travel.
17. New Business.
Vice Mayor Heck noted that he would be attending the KMIT trustees meeting. He
18. Adjournment.
There being no M e r business to come before the Commission, the meeting was
ATTEST:
City Clerk

November 26,2002
RESOLUTION NO. n-9 8 7
WHEREAS, A Petition was filed with the City Clerk on the &day of bu(zm ir k ,
.-. 2002, proposing the following improvement: construction of a sanitary sewer line extension to
,- serve the below-described property in Stratford PIace Addition (Sewer District No, 3 1-F) setting.
forth: (a) the general nature of the proposed improvement; (b) the estimated or probable cost; (c)
the extent of the proposed improvement district to be assessed;d(d) the proposed method of .
City at large; and (f) the request that such improvement be made without.notice of hearing as
WHEREAS, the Governing Body did on the 26th day of November 2002, find such

KANSAS:
SECTION 1. The Gave-g ~ o d hereby

y finds and finally determines that:

findings of the governing body, to wit: construction of a sanitary sewer line
extension to serve the belowdescribed property in Stratford Place Addition
(Sewer District No. 31-F);
The estimated or probable cost of such improvement is: $97,768.38;
The boundary of the hprovement district shall be:
Lots 4 and 5, and Lots 8 through 40, Block 4; Lots 9 through 14, Block
10; all in Stratford Place Addition to the City of Newton, Harvey County,
-;
The method of asse-ent shall be that each lot in the impibvernent district to
The apportionment of cost between the improvement district and the c i t y i t large
shall be .loo% to be assessed against the improvement district, and 0% to be paid

Regulations.
PASSED AND ADOPTED this 26th day of Novembq, 2002.
' ... .
.. ..
. - .. _-
. .. . .. ..
. A-M'EST: . . - ..-.
A
.
.+c~.n$,5-
OebEIH&~ &ja;rrL4,s~
=.-
.ST--
bu J r $ R E ~ O
W;i, '";L
=P , AFFIDAVIT OF PUBLICATION
Wt in THE NEWTON
KANSAN, November 30,2002.) STATE OF KANSAS, COUNTY OF HARVEY ss
Douglas J. Anstaett
W being first duly sworn, deposes and says: That he is Editor and
RESOLUTION NO.
, . Publ~sherof
WHEREAS, A 'Petition was fded
November, 2002, proposing the follow- a dail newspaper printed in the State of Kansas, and published
----
ino imorovement:
-= wn&mction of a Ban-
itary sewer line extension to serve the
In andlof general circulation in Harvey County, Kansas, with gen-
eral aid circulation on a dail basis in Harvey Count Kansas,
below-described probe* in Stratford and &at said newspaper is noya trade, religious or frakrnal pub-
Place Addition (Sewer District NO.31-F) lication.
setting forth: (a) the general nahve of
the proposed improvement; (b) the esti-
mated or probable cost; (c) the extent of Said newspaper is a dail published at least weekly 50
the proposed improvementdistrict to be times a year; has been so publisied continuously and uninter-
assessed; (d) the proposed method of ruptedly In said count and state for a period of more than five
assessment; (e) the proposed apportion- years prior to the firs$ublication of sa~dnotice; avd has been
ment of wst between the improvement adm~ttedat the post o Ice of Newton, Kansas In sard County as
district and the City at large; and 0the second class matter.
required by K.S.A. 12-6a04, as amend- was publ~shedIn the regular and ent~reIssue of sa~dnewspaper
ed; and
WHEREAS, the GoverningBody did for Dne consecutive weeks, the first publication
on the'26th day of November, 2002, find
such Petition to be sufficient, NOW thereof being made as aforesaid on the 30th
THEREFORE, ,
. .
'
Day of November , 2002, with
ERNISJG BODY OF THE CITY OF subsequent publications being made on the following dates:
NEWTON, KANSAS: t
SECTION 1. The G o v k k g ~ o d y
that:
ordered to be made in aceordance with
wit: construdion of a sanitary sewer
described property in Stratford Place Subscribed and sworn to before me this 30th day of
Additior! (Sewer District No. 31-F);
(b)The estimated or probable cost of
November
such improvement is: $97,768.38;
ment d i e t shall be:
*
Lots 4 and 5,an Lots 8 through 40,
Block .i;Lots 9 thro gh,14,Block 10; all
in Stratford Place Ad&€lon to the C ~ t y
of Newton, Harvey County, Kansas;
My commission expires:
Printer's Fees $
October 18, 2004
f 7 5.50 res i-887
(d) The method of assessment shall

be: each lot in the improvement district
the City at l&ge shall be: 100% to be
large.
whole'or in part, by the issuance of gen-
Regulations.
be hublished one time in the official
record in the OfGce of the Register of
Deeds of Harvey County, Kaxisas.
p S S E D AND ADOPTED this 26th
day of November, ?002.
- -- '. i
...--..
,, ils/ I@qjorie L. Rober~on-~
Mayor
1: r 2 ,a
ATTEST
IS/Rondld R. Ahsmuhs
City Clerk
FEASIBILITY REPORT
Date: 11/19/2002
Project No.02WT000028 (1 50)
TO: Governing Body

City of Newton
Newton, Kansas
Gentlemen:
A. General Nature of Project: 2240 LF Extension of Water Lines, 6 Fire Hydrants and related appurtenance in
Stratford Place Addition - Phase 6 (Water District 19-F)
C. Improvement District: Lots 7 - 13 Block 3: Lots 2 - 20.33 - 46 Block 4: Lots 9 - 14 Block 10;
Stratford Place Addition to the Citv Of Newton. Harvev Countv Kansas
D. Method Assessment: Each Lot in the Imvrovement District to Bear E ~ u aAssessments

l
F. Recommendations:
THE CITY OF NEWTON

OLD MAIN ST

2240 LF Extension of Water Lines, 6 Fire Hydrants and related appurtenances in Stratford Place Addition,
Phase 6, Water District 19-F
amended.

Lots 7-13, Block 3; Lots 2-20,33-46, Block 4; Lots 9-14, Block 10; Stratford Place Addition
We furfher request that such improvement be made without notice and hearing as required in
We understand that names may not be withdrawn fiom this petition after the governing body
occurs f ~ s t .
Sienature Address of Residence Imorovement District Signing
-.
..-
-- .
"
.r _......

November 26,2002
2002 in the City Commission room at 201 East 6th Street. Attending were Mayor Roberson,
business.
CONSENT AGENDA
3. Westwood Sewer.

sewer lines to sewe Sewer District 35-A.
Block 1; Lots 1 through 10, Block 2; Lot 6, Block 5; all in Westwood, an Addition to the City of
C. Consider an Ordinance creatingSewer District 35.A.

November 26,2002
Block 3; Lots 2 through 20, and Lots 33 through 46, Block 4; and Lots 9 through 14, Block 10;
C. Consider an Ordinance creating Water District 19-F.
This Ordinance creates Water District 19-F in the City of Newton, Kansas and-is assigned
Ordinance No. 4430-02 and is contained in volu& W of Ordinances.

Sewer District 31-F in Stratford Place Addition. The property is described as Lots 4 and 5, and

Electrical Code.
Kansas, as previously amended by Ordinance No. 4304-99; and repealing Ordinance 4304-99

November 26,2002
7. Mayor's Appointment - Convention & Visitors Bureau Board, Jeanine Stults, unexpired term
ending 4-20-2003

REGULAR AGENDA
Citizen's Forum.
Manager's Update.
Vice Mayor Heck, City Attorney, and City Manager attended the League district meeting
in Salina last week. The State has a $4 billion budget and will be $1 billion short next
year. Message fiom the League was don't count on the $300,000 in demand transfers,
don't count on the $570,000 in gasoline taxes for local streets, don't count on Harvey
County getting $900,000 in gas tax and the transportation plan is likely dead. Today it
was announced that $48 million dollars will be cut fi-om citylcounty demand transfers.
This means the City will loose $85,000 for the rest of the year and it is estimated we will
loose $301,000 for next year.
Council of Governments met last week and established five priority legislative issues for
the Council 1) State shared revenue should continue to flow to citieslcounties, 2)
Constitution home rule should not be preempted, 3) close loopholes on tax exempt
housing, 4) assure that wireless phone users pay 911 tax, not just land line users, 5)
support elimination of exemptions from sales tax, internet sales. It was noted that there
were two major victories last year. One was keeping Harvey County in the 4&
Congressional District and the other was keeping Harvey County in the Wichita MSA.
The regular meeting for December is the 17fh.
The Fire Chief will be retiring in March. There will be an assessment center process to
select the next chief.
Hospital groundbreaking will be December 2, at 1:30 p.m.
Benchmark Report.
Director of FinanceICity Clerk Ahsmuhs reviewed the benchmark report through

October.
11 Consider an Ordinance extending the moratorium on the issuance of licenses for

sexually oriented businessis to February 3,2003, to permit further time for
development of and public comment on a final regulatory ordinance.
City Attorney Myers noted that there has been a new court decision regarding SOB
Ordinances. The 1 0 Circuit
~ Court of Appeals issued a decision regarding a challenge to the
SOB Ordinance in Littleton Colorado. Kansas is in the I@ Circuit so it effects our proposed
ordinance. The challenge was about the process for considering the approval, suspension or
revocation of a SOB license. The decision to approve or deny a license or suspend or revoke a

November 26,2002
16. Old Business.
travel.
17. New Business.
Vice Mayor Heck noted that he would be attending the KMIT trustees meeting. He
18. Adjournment.
adjourned at 8:25 p.m. fl
ATTEST:

November 26,2002
RESOLUTION ~0.1-CJ8G
WHEREAS, A Petition was filed with the City Clerk on the - ?@day of Nmer,~Jxr ,
2002, proposing the following improvement: construction of a water line extension to serve the
below-described property in Stratford Place Addition (Water District No. 19-F) setting forth: (a)
the general nature of the proposed improvement; (b) the estimated or probable cost; (c) the extent
of the proposed improvement district to be assessed; (d) the prdposed method of assessment; (e)
12-6a04, as amended; and
WHEREAS, the Governing Body did on the 26th day of November 2002, fmd such
petition to be sufficient, NOW, THEREFORE,

KANSAS:
SECTION 1. The Goveming Body herebx finds and finally determines that:

findings of the governing body, to wit: construction of a water line extension to
serve the below-described property in Stratford Place Addition (Water District
No. 19-F); -
The estimated or probable cost of such improvement is: $95,433.72;
The boundary of the improvement district shall be:
Lots 7 through 13, Block 3; Lots 2 thiough 20, and Lots 33 through 46,
Block 4; and Lots 9 through 14, Black 10; all in Stratford Place Addition
to the City of Newton, Harvey County, Kansas;
The method of assessment shall be that each lot in the improvement district to
0
shall be 100% to be assessed against the improvement district, and 0% to be paid ..
SECTION 2. Pursuant to K.S-A. 12-6a14, said public improvements are hereby

authorized to be paid for, in whole or in part, by the issuance of general obligation bonds, said $- $
bonds to be issued to reimburse expenditures made after this date pursuant to Treasury Ry $9
Regulations.
. .
SECTION 3. This Resolution shall be published one time in the oEcial City newspaper
PASSED AND ADOPTED this 26th day of ~ o v e m b q2002.

,
.. '.
. '. .
I- '.ATTEST:
, .
. .
. .
g& G@#P$@~,wlT@Ec0m
If
. . . .
. ' ..
-. ---
.. .
. (First publislpd in THE NEprTTON
I$iNSAN, November 30,2W2.) . STATE O F KANSAS, COUNTY O F HARVEY ss
. , Douglas J. Anstaett
RESOLUTIONNO.UB!3 being first duly sworn, deposes and says: That h e is Editor a n d
Publrsher of
November, 2002, proposing the follow- a dail newspaper printed in the State of Kansas, and published
ing improvement: construction of a in and(of general circulation in Harvey County, Kansas, with gen-
water line extension to serve the below- eral aid circulation on a dail basis in Harvey Count Kansas,
desoribed property in Stratford Place y d 4 a t said newspaper is no! a trade, religious or fragrnal pub-
Addition (Water District No. 19-F) set- lication.
timu forth: (4)the generalnature of the
proposed improvement; (b)the estimat-
ed or probable cost; (c) the extent of the Said newspaper is a dail published a t least weekly 50
proposed improvement district to be times a y e a r h a s been s o publisied continuously and uninter-
assessed; (d) the proposed method of ruptedly in s h d count and state for a period of more than five
assessment; (e) the proposed apportion- year? prior to the firs$ublication of said notice; and has been
ment of cost between the improvement admrtted at the post o Ice of Newton, Kansas in sard County as
district and the City at large; and (0the second class matter.
required by'KS.+ 12-6a04, as amend- w a s publ~shedin the regular and entrre Issue of sard newspaper
ed; and
. WHERE&, @e Governing ~ b d did y for 0 1 7 ~ consecutive weeks, the first publication
on the 26th day of November, 2002, fmd
such Petition to be s*cient, NOW thereof being made as aforesaid on the 30th
THEREFORE,
Day of November , 2002, with
rnwTON, K p s A S :
that:
ordered to be made in aceordance with
the findigs of the governing body, to
erty in Stratford Place Addition Water Subscribed and sworn to before m e this 39th day of
District No. 19-F); ---7=r-
N~vember
.(b)The estimated or probable cost of
such improvement is! $95,433.72;
(c) The boundary of the improve- Notary Punic '
Lots 7 through 13, Block 3; Lots 2 My commission expires: October 4 8, 2004
through 20, and Lots 53 through 46,
Block 4; and Lots 9 through 14, Block Printer's F e e s $ 1 75.50 res i-986
10; all in Stratford Place Addition to the . .. . ,, . . cs - ...,
< .>*:" - .*-
,.-
City- of Newton, Harvey County, ... .. .-. :
'--
I
Kansas;
(d) he method of assessment shall
be: each lot in the improvement district
(e) The apportionment of .cost
large.
hereby authorized to be paid for, in'
Regulations.
Deeds of Hayey County, Kansas.
day of November, 2002. . . >.
Id Marjorie L. Robersoh
Mayor
ATTEST ,
IS/Ronald R. Ahsmuhs
City Clerk
FEASIBILITY REPORT
Date: 2/5/2003
Project No.02ST000030
TO: Governing Body
City of Newton
Newton, Kansas
Gentlemen:
A. General Nature of Project: Extension of Street Pavement, Curb & Gutter, Storm Sewer and related
appurtenance in Stratford Place Addition - Phase 6
C. Improvement District: Lots 9 - 14 Block 10; Lots 2 - 20,33 - 46 Block 4; Lots 7 - 13 Block 3;
Stratford Place Addition to the City Of Newton, Harvey County Kansas
Estimated Total Cost 100 % . $ 363.100.00
F. Recommendations:
THE CITY OF NEWTON
City
w
STRATFORD PLACE - PHASE 6
STREET IMPROVEMENT
BENEFIT DISTRICT

Extension of street pavement, curb and gutter, storm sewer and related appurtenances in Stratford
Place Addition - Phase 6
amended.
The estimated or probable cost of such improvement is $ 363.1 00.00

Lots 7-13, Block 3; Lots 2-20,33-46, Block 4; Lots 9-14, Block 10; Stratford Place Addition to the
City of Newton, Harvey County, Kansas
occurs first.
Signature Address of Residence Im~rovementDistrict Si&g
Date Filed 2- /Id03

City Clerk
February 11,2003
Vice Mayor Heck and Commissioners Harris, Loescher and Scott. Also attending were City
Manager Heinicke, City Attorney Myers, City EngineerIDPW Loomis, Director of FinanceICity
Clerk Ahsmuhs, PI0 Spencer and Deputy Clerk Duerksen.
Pastor Rick Dages of the lStNazarene Church provided the invocation. The Mayor then
CONSENT AGENDA
2. Consider application for Cereal Malt Beverage license for Wal-Mart.
3. Stratford Place, Phase 6.
This item is subject to approval upon receipt of a letter of credit within 14 days.
A. Receive petition, plans and specifications - for extension of streets to serve

Stratford Place addition, Phase 6.
B. Consider a Resolution fmding advisable and authorize the extension of streets.

Resolution 1-991
C. Set date and time to receive bids (February 25,2003 at 10:OO a.m. is suggested).
4. Receive plans and specifications for extension of streets to serve Stone Creek
Estates, Phase 4 and set date and time to receive bids (February 25,2003 at 10:OO
a.m. is suggested).
MOTION: Commissioner Loescher .moved and Commissioner Scott seconded

to approve the Consent Agenda as presented. Motion carried 5-0.
REGULAR AGENDA
5. Citizen's Forum.
A. Receive a proclamation declaring February 25 as 'National Spay Day'.
Kevin Stubbs, Caring Hands Humane Society Director, read the proclamation declaring
February 25,2003 as National Spay Day.

February 11,2003
judgment establishing the priority of the Central Bank and Pullen security interests over that of
the City in the remaining Straightline personal property and allow the Pullen security interest to
be foreclosed subject to the continuing Central Bank interest; (2) Pullen would payor cause the
payment in full of all real estate and personal property taxes as to the former Straightline facility,
including applicable interest and penalties; (3) the City would agree to dismiss it's crossclaim
against Don Cary on his personal guaranty of the CDBG loan to Straightline Manufacturing in
exchange for a payment agreement; (4) the Cary payment agreement would involve an initial
payment to KDOCH of $10,000 with the remaining amount owed to be payable in four semi-
annual installments; (5) the City and KDOCH will forgive the payment of the first semi-annual
installment if Cary (or an affiliated entity) commences new business operations in the
Straightline facility with not less than nine full-time employees (or 9 FTEs) each earning wages
of not less than $14.00 per hour, and with one additional full-time employee (or FTE) to be
added by the end of that six-month period at not less than $10 per hour; (6) each subsequent
semi-annual installment will be also forgiven if Cary (or the affiliated entity) maintains that level
of employment and wages plus adds an additional full-time employee (or FTE) during each such
six-month period; and (7) if, at the end of any such six-month period these minimum
employment and wage levels have not been maintained, the unforgiven balance of the personal
guaranty becomes due and owing in full. The City Attorney and City Manager would have the
authority to work out the wording and other remaining details of such a settlement agreement.
MOTION: Commissioner Harris moved that the requested authorization for such
a settlement be approved. Commissioner Loescher seconded the motion which
II
carried 5-0.
City Attorney Myers reported that the City vs. Waeka was set for March 10 at 9:00 a.m.
to approve the City's abatement plan.
14. Adjournment.
at 8:50 p.m.
ATTEST:

February 1I, 2003
RESOLUTION NO.z??l
WHEREAS, A Petition was filed with the City Clerk on the &day of fEbr~tary ,
2003, proposing the following improvement: Extension of street pavement, curb, gutter, $torn
sewer and related appurtenances in Stratford Place Addition, setting forth: (a) the general nature
of the proposed improvement; (b) the estimated or probable cost; (c) the extent of the proposed
improvement district to be assessed; (d) the proposed method qf assessment; (e) the proposed .
apportionment of cost between the improvement district and the City at large; and (f) the request
that such improvement be made without notice of hearing as required by K.S.A. 12-6a04, as
amended, and
WHEREAS, the Governing Body did on the 11th day of February 2003, find such
Petition to be sufficient, NOW, THEREFORE, -

KANSAS:
.
- '. ..
, SECTION 1..The G o v m g Body hereby. .finds
.
&d finally determines that:
... ... .
.. . .. . .
(a) . It is advisable to make the following improvement, .&d the following -

improvement is hereby authorized &d ordered to be made-in accordance with Phi=
findings of the governing bady, to wit: Extension of street pavement, curb, gutter;
;.stomsewer and related appurtenances in stratford Place Addition;
. . . 0 .
(b) , - The estimated or probable cost of such improvement is $363,100.00;

. -
(c) The bomrlary of the improvement di&rict shall be:
Lots 7 through 13, Block 3; Lots 2 through 20 and Lots 33 through 46,
-, Block 4; Lots 9 though 14, Block 10; all in Stratford Place Addition to the
id) The method o f assessment shall be that each lot in the improvaent distrkt to
(e) The apportionment of cost betbeen the improvement district and the City at large
shall be 97.26% to be assessed again& the improvement district, and 2.74% to be
SECTION 2. Pursuant to K-SA. 12-6a14, said public improvements are hereby

Regulations.
and shall also be filed of record Inthe Office of the Register of Deeds of Harvey County, Kansas.
. .
PASSED AND ADOPTED this 1 1th day of ~ebruary,2003.
ATTEST:
- AFFIDAVIT OF PUBLICATION
RESOLUTION NO. I.BB1
WHEREAS,Apetition was filed with
the City Clerk on the W day of I k h k
a, 2003, proposing the following
improvement: Extension of street pave- ' STATE OF KANSAS, COUNTY OF HARVEY, ss
ment, curb, gutter, etom sewer and
related appurtenances in Stratford Place
Addition, setting forth: (a) the general Sue Whye
nature of the proposed improvement; (b)
the estimated br proposed cost; (c) the
extent of the proposed improvement die- Being first duly sworn, deposes and says: That she is
trict to be assessed; (dl the proposed
method of assessment; (e) the proposed Advertising Manager of
large; and (f) the request that such
improvement be made without notice of The Newton Kansan
hearing as required by K S A 12-6a04, as a daily newspaper printed in the State of Kansas, and published in
amended; and
and of general circulation in Harvey County, Kansas, and that said
WHEREAS,the Governing Body did newspaper is not a trade, religious or fraternal publication.
on the l l t h day of February 2003, find
such Petition' to be sufficient, NOW,
THEREFORE, Said newspaper is a daily published at least weekly 50 times a year;
BE-IT RESOLVED BY THE GOV- has been so published continuously and unintemptedly in said
ERNING BODY OF THE CITY OF county and state for a period of more than five years prior to the
NEWTON,KANSAS.
first publication of said notice; and has been admitted at the post
SECTION 1. The Governing Body office of Newton, Kansas in said County as second class matter.
that:
It is advisable to make the That the attached notice is a true copy thereof and was published
(a!
followng improvement, and the follow-' in the regular and entire issue of said newspaper for:
ing improvement is hereby authorized
and ordered to be made in accordance
with the findings of the governing body,
to wit: Extension of street pavement,
-
One consecutive weeks, the first publication thereof
curb, gutter, storm sewer and related
appurtenances in Stratford Place Addi- being made as aforesaid on the 28th
tion;
6) The estimated or probable day of Febmarv ,2003, with
cost of such improvement is $363,100.00;
(c) The boundary of the improve- subsequent publications being made on the following dates:
ment district shall be: .
Lots 7 through 13, Block 3; Lots
2 through 20 and Lots, 33 through 46,
Block 4; Lots 9 through 14, Block 10; all --.....
".....-.-.I'
in Stratford Place Addition to the City of
(d) The method of assessment
shall be that each.lot in the improve- Subscribed and sworn to before me this 3rd day of
ment district to bear equal assessment;
(e) The apportionment of cost -March
- ,2003. n
between the improvement.district and
the City at large shall be 97.26% to be
cQ/
large.
Notary Public
SECTION 2. Pursuant to K.S.A. 12- My commission expires: October 18. 2004
herby authorized to be paid for, in whole
or in part, by the issuance of general Printer's Fees $ 104.50 res.no. 1-991
obligation bonds, said bonds to be issued
to reimburse expenditures made after
this date pursuant to Tresury Regula-
tions.
be published one time in the official City
' newspaper and shall also be filed on
. Deeds of Harvey County, Kansas.
PASSED AND ADOPTED this l l t h
day of F e b r u q , 2003.
ld Marjorie L. Roberson
Mayor
ATTEST: ,
/dRonald R. Ahsmuhs
City Clerk
FEASIBILITY REPORT
Date: 4/7/2003
Project No. 03SSOOOOO4 (163)
TO: Governing Body
City of Newton
Newton, Kansas
Gentlemen:
The following report is m .efor your considerati.on and acti
A. General Nature of Project: 937 LF Extension of Sanitarv Sewer, 4 Manholes and related appurtenance in
Wheatridge Addition - Phase 4 (Sewer District 30-A4)
C. Improvement District: Lots 1 - 23 Block 2; Wheatridne Addition to the City Of Newton, Harvev County
Kansas
Estimated Total Cost 100 % , $ 50,786.40
F. Recommendations:
THE CITY OF NEWTON


937 LF Extension of sanitary sewer, 4 manholes and related appurtenance in Wheatridge Addition
Phase 4 (Sewer District 30-A4
amended.

Lots 1-23 Block 2; Wheatridge Addition to the City of Newton, Harvey County Kansas
We understand that names may not be withdrawn fi-omthis petition after the governing body
occurs first.
Signature Address of Residence , I Im~rovementDistrict Siening
.
.-
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Date Filed q-8-d J

May 13,2003
in the City Commission room at 201 East 8 Street. Attending were Mayor Heck, Vice Mayor
Scott and Commissioners Loescher, and Treaster. Also attending were City Manager Heinicke,
City Attorney Myers, City EngineedDPW Loomis, Director of FinanceJCity Clerk Ahsmuhs,
Community Development Director Johnson, PI0 Spencer and Deputy Clerk Duerksen.
Commissioner Roberson was absent.
Cindy Mahnke, Chaplain at Presbyterian Manor, provided the invocation. The Mayor
CONSENT AGENDA
1. Review minutes of April 22,2003 Commission meeting.
2. Turkey Red Sanitary Sewer
A. Receive petition, plans and specifications for sanitary sewer line extension in
Turkey Red Village to serve the north side of Wheatridge Drive.
B. Consider a Resolution finding advisable and authorizing the extension of

sanitary sewer to serve Sewer District 30-A4.
Wheatridge Addition, Sewer District 30-A4. The property is described as Lots 1 through 23,
Block 2, Wheatridge Addition to the City of Newton, Harvey County, Kansas. The estimated
cost of the sewer is $50,786.40 with 100% to be assessed to the improvement district and 0% to
be assessed to the City at large. This Resolution is assigned No. 1-995 and is contained in .
Volume D of Improvement Resolutions.
C. Consider an Ordinance creating Sewer District 30.A4.
This Ordinance creates Sewer District 30-A4 in the City of Newton, Kansas and is
assigned Ordinance 4448-03 and is contained in Volume W of Ordinances.
D. Set date and time to receive bids (May 27 at 10:OO a.m. is suggested).
MOTION: ~ommissioner'~oescher moved and Vice Mayor Scott seconded to

REGULAR AGENDA
3. Employee recognition for completion of the Mini MPA.

May 13,2003
non-discriminatory. The best thing to do is to have one master right-of-way Ordinance. Staff
is in the process of looking at what all can be included in the master right-of-way ordinance.
One thing to do is the make all utility companies working in the righ&of-wayobtain a permit.
The fee would have to be reasonable. Staff will also try to contact some of the utility companies
to get their feedback on what is being looked at.
14. Old Business.
City Attorney Myers reported on the Waeker hearing. The Judge ruled in favor of the
City and accepted the fact that the Waeker's will not be able to get their project done. They have
until October 1 to vacate the property. After that, the City can do a demolition of the property.
Mayor Heck reported he attended the Kansas Sampler Festival and was surprised by the
magnitude of the event. He discussed a memo he distributed regarding a Commission retreat.
He questioned if a retreat was necessary or if a planning session including North Newton,
County Commission, USD 373, NRC, Bethel College, Chamber, EDC and the Hospital would be .
better. Questions that need to be asked are are we really maximizing the use of our resources
and what really is working for cities such as our size. Commissioners felt this was a positive
idea and asked staff to work on this.
15. New Business.
16. Adjournment.
Mayor
ATTEST:
City Clerk

May 13,2003
.. ,, ..,..,--*-i.~ .<..,
...... 5y.
-$%?.;i._rn
i 3752. - . .. q. -'&77
7 ..
; ..
WHEREAS, A Petition was filed with the City Clerk on the - 8th day of AP r i 1 7
2003, proposing the following improvement: construction of a sanitary sewer line extension,
four manholes akd related appurtenances to serve the below-described.property in Wheatridge
Addition (~ewe&istrict No. 30-A4) setting forth: (a) the general nature of the proposed
improvement; @) the estimated or probaljl'e cost;.(c).theextent of the proposed improvement .
district to be assessed; (d) the proposed method of assesment; (e)thep~o#osedapportionment of
cost between the improvement district and the City at large; and (0 the,request that such
improvement bemade without notice of hearing as required by KS.A,..12-&04, as a m e n d e &d
. . -. . _- ,
. . . .
'
WEREAS, the ~ o v e r n &~ ~o d ~ don y find such Petition to . '

i dthe 13th day of ~ a 2003,
be sufficient, NOW, THEREFORE, . -:
. -
BE IT. WSOLVEDBY
. . . . -- . THE GOVERNTNG BODY OF THECITY OF NEWTON,
. ... . . . . :--
WSAS:. . . . . . . . .
' .. . . . . . .
. .
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. . . . .. .>. ... . .
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: s~.&d~:.
- .
.
1: r a e . ~ ~ + e m i n p ~ ~ d y -ebhds
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h & eand
l ~jjndy-determin&
~ ht:
... .. -. . . .
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-
_Y<
...- .....- . - - .. - . . -
.. -
'
.
:
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. (zi) : 1t &&able :to-make thee
.? i&Provements, agd the following
. . - -:.. ~ i m ~ r o v e m hereby
& n ~ -a~u t h ~ ~ and
e d ordered to be made in accordance with
a
'
- .. r.
. . . .;. .
. . the fihdhgs o f bodyy to wit: construction of sanitary sewer line
:ek&on;four &anh6ie~and idated appurtenances to &me the below-described
. .. . . . . :.. ... prop&&
--. Wheatridge. .Addition
. (Sewer District No. 30-A4);
. . . - . -. .
_ _ .. . . .
. -
@)
. . .-. .-. . .
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- ,
n>, ~ a t e d..; . o ~ ~ p ~ b&st
-
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+ .b lof$uch.&Tovements
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are: $50,786.40; ?... -. .........
. . . . . .
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. . .
.
(c) : .
Thebdundary
. .
b f the impmkn&t
. .
e c t shall be:
. . . . . . . .
- -
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~ d t'1s tdm&h
23,.Block iWheatridge Addititxi to the City of ~ewton,
': ]H~wv cdmtyYm a ; - ,,
.. ?.
(d) The method of assempent shall be that each lot in theimprovement district to
bear equal assessment
-.
(e) -'%e apPortionm&t of cast be&een the improvement district and the City at large
shall be 100% to be assessed.against the improvement district, and 0% to 6e paid
- .
SECTION 2. Pursuant to X.S.A. 12-6a14, said public improvements are hereby

Regulations.
and shall also be fled of record in the Office of the Register of Deeds of Harvey County, Kansas.
. .
PASSED AND ADOPTED this 13th day of May, 2003.

I (First ~ubliahedin THE NEWTON

KANSAN, May 16,2003.)
described property i n Wheatridge
Addition (Sewer District No. 30-A4); STATE OF KANSAS, COUNTY OF HARVEY, ss
I RESOLUTION NO.U95 (b) The estimated or probable cost of
such improvements are: $50,786.40; Douglas J. Anstaett
1 withWHEREAS, A Petition was filed
the City Clerk on the 8th day of (e) The boundary of the improvement
April, 2003, proposing the following district shall be: Being fist duly sworn, deposes and says: That he is
improvement: construction of a sanitary Publisher of
sewer line extension, four manholes Lots 1through 23, Block 2, Wheatiidge
and related appurtenances to serve the Addition to thy City of Newton,Harvey
below-described property in Wheatridge County. Kansas;
Addition (Sewer District No. 30-A4) set-
ting forth: (a) the general nature of the (dl The method of assessment shall be
The Newton Kansan
proposed improvement; (b) the estimat- that each lot in the improvement dis- a daily newspaper printed in the State of Kansas, and published in
ed or probable cost; (c) the extent of the trict to bear equal assessment; and of general circulation in Harvey County, Kansas, and that said
proposed improvement district to be
assessed; (d) the proposed method of (e) The apportionment of cost between newspaper is not a trade, religious or fraternal publication.
assessment; (e) the proposed apportion- the improvement district and the City
ment of cost between the improvement a t large shall be 100% to be assessed
district and the City a t large; and (F) against. the improvement district, and Said newspaper is a daily published at least weekly 50 times a year;
the request that such improvement be 0% to be paid by the City at large. has been so published continuously and unintenuptedly in said
made without notice of hearing a s
required by K.S.A. 12-6a04, as amend- SECTION 2. Pursuant to K.S.A. 12- county and state for a period of more than five years prior to the
ed; and 6a14, said public improveplents are
hereby authorized to be paid for, in first publication of said notice; and has been admitted at the post
WHEREAS, the GoverningBody did whole or in part, by the issuance of gen- office of Newton, Kansas in said County as second class matter.
on the 13th day of May 2003, find such eral obligation bonds, said bonds to be
Petition to be sufficient, NOW, THERE- issued to reimburse expenditures made
FORE, after this date pursuant to Treasury That the attached notice is a true copy thereof and was published
Regulations.
BE IT RESOLVED BY THE GOV- in the regular and entire issue of said newspaper for:
ERNING BODY OF THE CITY OF SECTION 3. This Resolution shall be
NEWTON,KANSAS: published .one time in the official City
newspaper and shall also be filed of -
One consecutive weeks, the first publication thereof
SECTION 1. The Governing Body record in the Office of the Register of
hereby finds and finally determines Deeds of Harvey County, Kansas.
that: being made as aforesaid on the 16th
PASSED AND ADOPTED this 13th day
(a) It is advisable to make the following of May, 2003.
improvements, and the following
improvements are hereby authorized IS/Willis Heck
and ordered to be made in accordance Mayor day of May ,2003, with
to wit: construction of a sanitary sewer ATTEST:
line extension, four manholes and relatr 1st Ronald R. Ahsmuhs subsequent publications being made on the following dates:
ed appurtenances to serve the below- City Clerk
May ,2003.
My commission expires: October 18, 2004
Printer's Fees $ 116.00RESNO. 1-995

FEASIBILITY REPORT
Date: 3/28/2003
Project No. 03ST000005 (164)
TO: Governing Body
City of Newton
Newton, Kansas
Gentlemen:
A. General Nature of Project: Extension of Street Pavement, Curb & Gutter and related appurtenance in
Turkey Red Villane~WheatridneAddition - Phase 4
C. Improvement District: Lots 16 - 22 Block 5. Turkey Red Village Addition; Lots 16 - 21 Block 2,
Wheatridge Addition to the Citv Of Newton, Harvey Countv Kansas
D. Method Assessment: Each Lot in the Imurovement District to bear equal assessments
City at Large 2.97 % Est. Total $ 3,3 11.43
Estimated Total Cost 100 % , $ 111.430.28
F. Recommendations:
THE CITY OF NEWTON

WHEATRIDGE
S T R E E T IMPROVEMENT DISTRICT

Extension of street pavement, curb & gutter and related appurtenances in Turkey Red Village/Wheatridge
Addition - Phase 4
amended.

Lots 16-22?Block 5, Turkey Red Village Addition; Lots 16-21, Block 2, Wheatridge Addition to the City
of Newton, Harvey County Kansas.
We fbrther request that such improvement be made without notice and hearing as required in
We understand that names may not be withdrawn fiom this petition after the governing body
occurs first.
property Owned Date and
n Sirnature Address of Residence Imurovement District Si&g
4- $03 ./50cpw-
Date Filed 3*&73 . .

City Clerk
April 8,2003
The Newton City Commission convened in regular session at 7:00 p.m. on April 8, 2003
in the City Commission room at 201 East 6" Street. Attending were Mayor Roberson, Vice
Mayor Heck, and Commissioners Harris, Loescher and Scott. Also attending were City Manager
Ahsmuhs, Community Development Director Johnson, PI0 Spencer and Deputy Clerk
Duerksen.
Chaplain Christine Edwards of Kansas Christian Home provided the invocation. The
business.
1. Review minutes of March 25,2003 Commission meeting.

to approve the minutes as presented. Motion carried 5-0.
2. Consider a Resolution formalizing the City Commission's prior action in naming

the softball field in Athletic Park as "Kelsch Field".
A Resolution designating the sofiball field located in Athletic Park in the City of Newton,
Kansas as "Kelsch Field" was considered.
MOTION: Commissioner Scott moved and Vice Mayor Heck seconded that this
Resolution, assigned G-862, be approved as presented. Motion carried 5-0.. (This
Resolution is contained in Volume E of General Resolutions.)
3. Receive report on April 1, 2003 election results from the Harvey County Election
Officer.
Director of FinanceICity Clerk Ahsmuhs read the results of the General Election.
Name Votes
Grant Scott 2,056
Matt Treaster 1,833
Todd Loescher 1,787
Bruce Cook, 1,167
Gene Garnica 1,089
Glen Spielman 605
The election results place Scott and Treaster in four-year terms and Loescher in a two-
year te m .
4. Recognition of out going officials.
City Commission Meeting

April 8,2003
MOTION: Commissioner Loescher moved and Vice Mayor Scott seconded to
designate The Kansan as the official Newspaper for ensuing year. Motion carried
5-0.
The Commission recessed at 7:25 p.m. for a short reception. The Commission
reconvened at 750 p.m.
CONSENT AGENDA
7. Wheatridge and Wheatridge Court paving.
A. Receive petitions, plans and specification for paving Wheatridge Drive and
Wheatridge Court.
B. Consider a Resolution finding advisable and authorizing the paving of

Wheatridge Drive and Wheatridge Court.
gutter and related appurtenances in Turkey Red Village and Wheatridge Addition. The property
is described as Lots 16 through 22, Block 5, Turkey Red Village Addition; Lots 16 through 21,
Block 2, Wheatridge Addition to the City of Newton, Harvey County, Kansas. The estimated
cost of the paving is $111,430.28 with 97.03% to be assessed to the improvement district and
2.97% to be assessed to the City at large. This Resolution is assigned No. I994 and is contained
in Volume D of Improvement Resolutions.
C. Set date and time to receive bids (April 22 @ 10:OO a.m. is suggested).
MOTION: Commissioner Loescher and Vice Mayor Scott seconded to accept

the Consent Agenda as presented. Motion carried 5-0.
REGULAR AGENDA
8. Citizen's forum.
There was no one to speak.
4.. In April the City holds their employee recognition for the previous year. A list of those
employees honored was published in the Kansan recently.
4. On March 26 KDHE hosted a meeting in Newton and discussed potential regulations to
protect the water supply. Secretary Bremby was present and indicated his intent to
protect the Equus Beds. KDHE will be having public hearings to seek input on April 23
on environmental issues.
+ The energy savings program is underway. The Library chiller system has been installed.
Rooftop units at the Rec Center will be next. A final walk through inspection was done
this morning on the lighting changes at City Hall.

April 8,2003
another source of revenue. Historic information was distributed to the Commission for their
review. It was decided to start the work session on April 22 at 5: 15 p.m.
13. Old Business.
Mayor Heck asked if a joint meeting would be possible with the County Commission to
discuss recycling and a number of other issues. This might be something that can be done twice
a year.
14. New Business.
City Manager Heinicke noted a letter was received from building owners on changing
times of public parking on West 6'b Street.
Commissioner Scott stated every year the Commission gets a request from the Senior
Center for building repairs, etc. He suggested the Commission sit down with the Senior Center
Board to see what their needs are. He felt there was a need to have a better understanding as to
where their mill levy stands. It was suggested to hold one of the City Commission meetings or a
budget work session at the Senior Center.
Mayor Heck asked about a planning retreat for the Commission. He has found those to
be very helpful. The challenge should be to seriously look at long range planning and the
information received through the community forums. Commissioners were asked to think about
a date that would work.
15. Adjournment.
Mayor
ATTEST:

April 8,2003
WHEREAS, A Petition was filed with the City Clerk on the - @ day of sari 7
2003, proposing the following improvement: Extension of street pavement, curb, &tter and
related appurtenances in Turkey Red Village and Wheatridge Addition, setting forth (a) the
general nature of the proposed improvement, (b) the estimated or probable cost, (c) the extent of.
the proposed improvement district to be assessed, (d) the ,proposedmethod of assessment, (e) the
proposed apportionment of cost between theimprovermint dis&ct arid the City at large, and (f)
the request that such improvement be made without notice of hearing as required by K.S.A. 12- .
6a04, as amended; and
WHEREAS, the Governing Body did on the 8th day of ~ ~ r i l 2 0 0find

3 , such Petition to
be sufficient,NOW, THEREFORE,

KANSAS:
It is advisable to make the following improvement, and the f o i i o ~ ~ g

findings of the governing body, to wit: Extension of street pavement, cmb, gutter
and related appurtenances in Turkey Red Village and Wheatridge Addition;
The estimated or probable cost of such improvement is $1 11,43028;

. , .... .
The Of the impy&ent district shah bc -' .. .
J
Lots 16 h o u g h 22, Block 5, Turkey Red Village Addition; Lots 16
through 2 1, Block 2, Wheatridge ~dditio6to the City of Newton, Harvey
Comty,Kansas; -
The method of assessment shall be that each lot in the improvement district to
shall be 97.03%to be assessed against the improvement district, and 2.97% to be
SECTION 2. Pursuant to KS-A. 12-6a14, said public improvements are hereby

authorized to be paid for, in whole or in part, by the issuance of generai obligation bonds, said
Regulations.
. . .
. . . _. . '
PASSED AND ADOPTED this 8' day of April, 2003.
ATTEST:
(First published in THE NEW'l'ON
KANSAN, April 11,2003.)
msoLu!rIoNNO.
WHEREAS, Apetitionwas filed with the
City Clerk on the 8th day of April, 2003,
proposing the following improvement:
Extension of street pavement, curb, gut-
ter and related appurtenances in Turkey STATE OF KANSAS, COUNTY OF HARVEY, ss
Red Village and Wheatridge Addition,
setting forth (a) the general nature ?f the
proposed improvement, (b) the estunat- Douglas J. Anstaett
ed or probable cost, (c) the extent af the
proposed improvement district to b e .
assessed, (d) the proposed method of Being first duly sworn, deposes and says: That he is
assessment, (el the proposed apportion-
ment of cost. between the improvement Publisher of
district and the City at large, and (f) the
request that such improvement be made
without notice of bearing as required by
K.S.A. 12-6a04, as amended; and
The Newton Kansan
' WHEREAS, the Governing Body did
on the 8th day of April 2003, find such and of general circulation in Harvey County, Kansas, and that said
Petition tcbe sufl?cient, NOW, THERE- newspaper is not a trade, religious or fraternal publication.
FORE.
.. -
BE pf RESOLVED BY THE GOV-

ERNING BODY OF THE CITY OF Said newspaper is a daily published at least weekly 50 times a year;
NEWTON,KANSAs:
has been so published continuously and uninterruptedly in said
SECTION 1. The Governing Body county and state for a period of more than five years prior to the
hereby finds and finally determines that:
(a! It is advisable to make the office of Newton, Kansas in said County as second class matter.
followmg improvement, and the follow-
ing improvement is hereby authorized
and ordered to be made in accordance That the attached notice is a true copy thereof and was published
to wik Extension of street pavement, in the regular and entire issue of said newspaper for:
curb, gutter and related appurtenances
in Turkey Red Village and Wheatridge
Addition; One consecutive weeks, the first publication thereof
(b) The estimated or probable
cost of such improvement is $111,430.28; being made as aforesaid on the JJ.&
Lots 16 through 22, Block 5, Turkey day of -
Red Village Addition; Lots 16 through
21, Block 2, Wheatridge Addition to the
City of Newton, Harvey County, Kansas; A~ril ,2003, with
(d) The method of assessment
shall be that each lot in the improve- subsequent publications being made on the following dates:
ment district to bear equal assessment; n
the City at large shall be 97.03% to be
large.
Subscribed and sworn to before me this V 15th day of
hereby authorized to be paid. for, in
eral obligation bonds, said bonds to be '
Regulations.
SECTION 3. This Resolution shall be
published one time in the official City My commission expires: October 18, 2004
newspaper and shall also be filed of
Deeds of Harvey County, Kansas. Printer's Fees $ 101.75 res.no. 1-994
day of April, 2003.
Id Willis Heck
Mayor
ATTEST:
's/ Ronald R. Ahsmuhs
Zity Clerk
-c OCT 17 '00 10:54FIN CITY OF NEWTON 3162846090
,.
Newton CityICounty Airport

Proposed Improvements for Facilities FY 2001-2003
August 2000
Hangar IG Prioritize
Pt Replace Main Hangar Doors
Two 20% x 1Z'h doors with 16"'radius on track and removable center post
Replace tracks and add electric control Est Cost: $3.000
Office Area 100'x 50'

Put in insulation R-1 1 over ceiling.tiles
Replace all ceiling tiles Est .Cost: $4.61 5
Paint over insulation inside of south hangar

100' x 100' 20' eave height and 24 ' peak height
16' x 60' door opening Est Cost: $14,720 to reinsulate
* * Painting Not Recommended * *
-
Paint Hangar Floors C
Epoxy floor paint

20,000 s.f. Est Cost: $4.400.00 for materids
Replace Lights in South Harrgar '
Install 20 400wt Nickel Metal Halide fixtures Est Cost: . $3.500
Construct Breakroom 20' x 20'

Along back wall of North Hangar Est Cost: $1,500
South Gravel Parking Lot:

Constntct Asphalt Parking lot
Currently gravel, approx 8" base course
70' x 365' - 25,550 ~ . f .
Hangar A:
Paint Exterior
80' x 100' 16'eave 25' peak Est Cost: -
$5,432
** + $.39/f? to power wash *+
-
OCT 17 '00 10:54flM C I T Y OF NEWTON 3162846090 P.3
- Remodel Horst's ofice

Paint & Carpet
250 s.f, Est Cost: $1,150
Prioritize
Constru~tFurnace Closet
In RTR ofice area
4'w x 5'd x 8'h Est Cost: $300 . .
Subtotal: $6,882.00
Hangar E:
Overlay Apron
105' x 110' 11,SSO s.f.
2" asphalt overlay Est cost: $5.600
Reinsulate Hangar
120' x 100' 18' eave 24' peak Est Cost: $17,856
Reinsulate Lean-to office

24' x 60' x 9'h to IZ'h Est Cost: $2,595
Move Hangar doors

Remove rear doors and install on front
Move track and utilize existing controls
Frame in rear wall & install roll up garage door Est Cost: $7,500 -.
** 3- 15%unsure **
. .?
. Hangar B:
Reskin Exterior Walls of Hangar & office
-
Hangar- 80' x LOO' 16'eave 20' peak
Office - 24' x 40' x 9'h to 12'h Est Cost: $27,280
Reskin Office Roof Est Cost: $3,072
-
'gh Paint Exterior Walls
Install "Seal-ex" seals on main hangar doors

Approx 92 linear feet
Est Cost:
Est Cost:
$6.160
$500
OCT 17 '00 10:54QM C I T Y OF NEWTON 3162846090
. I
- - L:
Hangar
Replace Lighting
Install 16 250w Nickel Metal Halide Fixtures Est Cost:
Prioritize
Hangar F:
Air Condition Shop Area
4500 if. with 9' e w e 12' peak b t Cost: 16.200
Hangar G, L & N Parking Lot:

OverIay Existing Oravei Parking
-G&L Parking Lot 11,680 s.f,
Existing base course approx. 8" Est Cost: $1 6,950
** Not including base work **
Overlay Newly constructed Gravel Parking - Hangar N
Driveway 20'w x 5O'Iong
Parking Area 70' x 70' - less 400 s.f. for Transfomcr
Currently 6"- 12" rock base course Est Cost: $10.500 -
* * Not including base work **
Construct Sidewalk for Hangar N
70' x 4' standard sidewalk with curb
Between parking lot and hangcar Est Cost: $380
Total for all Projects: $1 92,335.00
Total for Buildings: .$102,105.00
Total for Parking Lots: $90239.00
Construct Parking Lot in front of

the terminal building Est Cost:
12/12/1994
EXCERPT OF MINUTES OF A MEETING

OF THE GOVERNING BODY OF
THE CITY OF NEWTON, KANSAS
HELD ON JANUARY 19,1994
The governing body met in regular session at the usual meeting place in the City, at 9:00 A.M.,
the following members being present and participating, to-wit:
BRADLEY JANTZ, BEULAH E. DAY, DONALD R. ANDERSON,

BEVEmY J. GERING and LARRY MATHEWS
Absent: NONE
The Mayor declared that a quorum was present and called the meeting to order.
(Other Proceedings)
Thereupon, there was presented an Ordinance entitled:
A CHARTER ORDINANCE EXEMPTING THE CITY OF NEWTON, KANSAS

FROM THE PROVISIONS OF K.S.A. 13-1024a AND PROVIDING SUBSTITUTE
AND ADDITIONAL PROVISIONS RELATING THERETO.
Thereupon, Commissioner LARRY MATHEWS moved that said Charter Ordinance be passed.
The motion was seconded by Commissioner BEULAH E. DAY. Said Charter Ordinance was duly read
and considered, and upon being put, the motion for the passage of said Charter Ordinance was carried
by the vote of the governing body, the vote being as follows:
Aye: JANTZ, DAY, ANDERSON, GERING and MATHEWS.
Nay: NONE.
Thereupon, the Charter Ordinance having received at least two-thirds (213rds) majority vote of
the members of the governing body, the Mayor declared said Charter Ordinance duly passed and the
Charter Ordinance was then duly numbered Charter Ordinance No. 35 and was signed by the Mayor and
attested by the City Clerk. The City Clerk was further directed to cause the publication of said Charter
Ordinance once a week for two (2) consecutive weeks in the official city newspaper as required by law
and provided by said Charter Ordinance, said Charter Ordinance to be in the form attached hereto and
made a part hereof by reference as though fully set out herein.
**************
(Other Proceedings)
I On motion duly made, seconded and carried, the meeting thereupon adjourned.
City clerk
(Published in The Newton Kansan on January 25, 1994 and February 1, 1994.)
CHARTER ORDINANCE NO. 35

FROM THE PROVISIONS O F K.S.A. 13-1024a AND PROVIDING SUBSTITUTE
WHEREAS, the City of Newton, Kansas (the "City"), by the power vested in it by Article 12,
Section 5, of the Constitution of the State of Kansas and K.S.A. 12-101, may elect that the whole or any
part of any enactment of the legislature applying to the City, other than enactments of statewide concern
applicable uniformly to all cities and enactments prescribing limits of indebtedness, shall not apply to the
City; and
WHEREAS, K.S.A. 13-1024a (the "Existing Statute") is part of an act of the Kansas legislature
relating to general improvements and land therefor, borrowing money and bond issues; which is
applicable to the City but is not applicable uniformly to all cities within the State of Kansas (the "State");
and
WHEREAS, the governing body of the City desires, by charter ordinance, to exempt the City
from the provisions of the Existing Statute and to provide substitute and additional provisions relating
thereto; and
WHEREAS, such proposed action is not restricted or limited by the provisions of Article 12,
Section 5, of the Constitution of the State of Kansas.
NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF

NEWTON, KANSAS:
SECTION 1. Exemption. The City is hereby exempted from the provisions of the Existing
Statute and shall be governed by the following substitute and additional provisions contained in this
charter ordinance.
SECTION 2. Substitute Provisions. The City hereby elects that the following substitute and
additional provisions are substituted in lieu of those provided for in the Existing Statute, as follows:
"For the purpose of paying for any public improvement, including but not limited to, any
bridge, viaduct, public building, including the land necessary therefor, for lands for
public parks and developing the same, within or without the city, or for the
improvement, repair or extension of any public utility, and for the purpose of rebuilding,
adding to or extending to the same from time to time, as the necessities of the city may
require, the city may borrow money and issue its bonds for the same; Provided, That
no bonds shall be issued for such purposes unless the same were authorized by a majority
of the votes cast in an election held for that purpose; Provided further, That the City
may issue the bonds of the City for the purpose of paying for said public improvements
and the land necessary therefor without such bonds having been authorized by a vote of
the people, but the total amount of bonds issued for such purposes shall not exceed the
sum of $750,000 in any one year. "
SECTION 3. Severabilitv. If any provision or section of this charter ordinance is deemed or
ruled unconstitutional or otherwise illegal or invalid by any court of competent jurisdiction, such illegality
or invalidity shall not affect any other provision of this charter ordinance. This charter ordinance shall
be construed and enforced as if such illegal or invalid provision had not been contained herein.
SECTION 4. Repealer. The City hereby repeals Charter Ordinance No. 11 of the City, to be
effective as of the date this charter ordinance becomes effective.
SECTION 5. Effective Date. This charter ordinance shall be published once each week for two
consecutive weeks in the official City newspaper and shall take effect sixty (60) days after final
publication; unless within 60 days of final publication, a petition signed by a number of electors of the
City equal to not less than ten percent (10%) of the number of electors who voted at the last preceding
regular city election shall be filed in the office of the City Clerk demanding that this charter ordinance
be submitted to a vote of the electors, in which event this charter ordinance shall take effect when
approved by a majority of the electors voting at an election held for such purpose.
PASSED by the governing body of the City, this 19th day of January, 1994.
CITY OF NEWTON, KANSAS .
It('-
'.,
..
+,
-.
>'
:
.
. 5 >'"-
. City dlerk
/ AFFIDAVIT OF PUBLICATION ---.
(First published in THE NEWTON KAN-
SAN, January 25, 1994. Subsequently pub- STATEOF KANSAS. COUNTYOF H A R V E Y . ss
lishcd therein on February 1, 19941
CHARTER ORDlNiLVCE NO. 35 Douglas J. A n s t a e t t
A CHARTER ORDINAXCE EXEMPTING
THE CITY OF SEWTON KANSAS FROM
THE PROVISIOSs OF K.$.A. 13-1024aAND
PROVIDING SUBSTITUTE AND ADD[-
TIOXAL PROVlSlOSS RELATING
TH RERETO.
WHEREAS, the City of Xewtnn, Kansas
The Newton Kansan
(thc-City"), by thepowervestedinitbyArticle a d a i l y n e w s p a p e r p r i n t e d in t h e State o f K a n s a s , a n d p u b -
12, Scction 5, of the Constitution of the State
of Kansas and K.S.A. 12-101, may elect that l i s h e d in a n d of g c n e r a l c i r c u l a t i o n in H a r v e y C o u n t y
the whole or any part of any enactment of the K a n s a s , with general p a i d c i r c u l a t i o n o n a d a i l y basis &
legislature applying to the City, other than H a r v e y C o u n t y , K a n s a s , a n d t h a t s a i d n e w s p a p e r is not a
enactments of statewide concern applicable t r a d e , r e l i g i o u s o r fraternal publication.
uniformly to all cities and enactmenti pre-
saibinglimitsofindebtedness,shall notapply S a i d n e w s p a p e r is a d a i l y p u b l i s h e d at least w e e k l y 50
to the City; and times a year; has b e e n so p u b l i s h e d c o n t i n u o u s l y a n d uninter-
WHEREAS, K.S.A. 13-1024a (the "Exist- r u p t e d l y in s a i d c o u n t y and state f o r a p e r i o d of more than
ing Statute") is part of a n act of the Kansas f i v e y e a r s prior t o the f i r s t p u b l i c a t i o n of s a i d notice: a n d
legislature relating to general improvements . has b e e n a d m i t t e d at the post o f f i c e of N e w t o n , Kansas
and land therefor, borrowing money and bond in said County as s e c o n d class matter.
issues; which is applicable to the City but is
not applicable uniformly to all cities within
the State of Kansas (the "State"1;'and That the attached notice is a true c o p y thereof a n d was
WHEREAS, thegoverningbodyoftheCity published in the regular and entire 'issue of said n e w s p a p e r
desires, by charter ordinance to exempt the Two
City fmm the pmvisions ofth;? Existing Stat- for c o n s e c u t i v e weeks, the fist oublication
ute and to provide substitute and additional 25&
provisions relating thereto and thereof b e i n g m a d e as a f o r e s a i d on the
WHEREAS, such action ik not
restricted o r limited by the provisions of Ar- day of - January , 1 9 9 4 , with
ticle 12, Section 5, of the Constitution of the
State ofKansas. subsequent publications being m a d e on the following dates :
NOW, THEREFORE, BE IT ORDAINED f2%ruary 1
BY THE GOVERNING BODY OFTHE CITY
OF h%WTON. KANSAS:
SECTION1.Exem~tion.Thecityishereby
exempted fmm the pmvisions of the Existing
Statute and shall begovernedby the following
substituteand additional provisionscontained .
in this charterbrdinance.
SECTION 2. Substitute Provisions. The
City hereby elects that the following substi,
tuteand additional provisions aresubstituted. Subscribed and swim to b&ore m e u i s 2nd day of
in lieu of those ptuvided for i n t h e Existing -.
Statute, a s follows:
"For the purpose of paying for any pub5c
improvernent,includingbutnotlimitedto,
* any bridge, viaduct, public building in-
cluding t h e land necffisary therefor' for
lands for public parks a n d developin; the
same, within or without thecity, or for'the
improvement, repair o r extension of any
public utility, and for the purpose re-
building, adding to o r extending to the
same fmm time to time, a s the necessities
of t h e city may require, t h e city may bor-
row money and issue its bonds for the
same; Provided, That no bonds shall be
issued for such purposes unless the same
wereauthorized by a majority ofthevotes
cast in a n election held for that purpose;
Pmuided further,That t h e City mayissue
the bonds of the City for the purpose of
paying for said public impmvements and
the land necessary therefor without such
bonds havingbeen authorized by a vote of
the people, but the total amount ofbonds
iss'ued for such purposes shall not exceed
the sum of $750,000 in any one year."
SECTION3. Severability. Ifany provision
or section fo this charter ordinance i s deemed
or ruled unconstitutional o r otherwise illegal
or invalid by any court ofcompetent jurisdic-
tion, such illegality or invahd~tyshall not
affect any other provisionof this charterordi-
nance. This charter ordinance shall be'con-
stmed and enforced asifsuchillegal orinvalid
provision had not been contained herein.
SECTION 4. Rewaler. The City hereby
repeals Charter Ord~nanceNo.11of the City,
to be effective a s the date this charter ordi-
nance becomes erective.
SECTION 5. Effectivk ate. .
This charler .
ordinance shall be published'once each week '
for two consecutiveweeks in the ollicial City
newspaperandshall takeeffectsixty (60)days
a h ; the final publication; unlffis within 60
days of final publication, a'petition signed by
a number of electors of the City equal to nbt
less than ten percent (10%) of thenumber of
electors who vbted a t thelast
larcity electionshallbefiledin theofliceofthe
City Clerk demandine that this charter ordi-
nancebe submitted t c a voteofthe electors in
which event this charter ordinance shall take ,
eIfcct when approved by a majority of the
electors voting a t a n election held for such
purpse.
PASSED by the governin$ body of the
City, this 19th day ofJanuary, 1994.
CITY OF NEWTOX. KANSAS
01/14/1994
CERTIFICATE OF NO PROTEST
STATE OF KANSAS 1
) ss:
COUNTY OF HARVEY 1
I, the undersigned City Clerk of the City of Newton, Kansas (the "City"), do hereby certify that
the governing body of the City duly adopted Charter Ordinance No. 35 on January 19, 1994 pursuant
to Article 12, Section 5, of the Constitution of the State of Kansas and K.S.A. 12-101 (the "Act"). The
Charter Ordinance was duly published in THE NEWTON KANSAN, the official newspaper of the City,
on January 25, 1994 and February 1, 1994, as required by the Act; that more than sixty (60) days has
elapsed from the last date of said publications; and that there has been no sufficient written protest filed
in my office against the Charter Ordinance as provided by the Act.
WITNESS my hand and official seal o 39 1994.
(Seal)
it$ Clerk
October 24,2000
The Newton City Commission convened in regular session at 7:00 p.m. on October 24,
2000 in the City Commission room, 201 East 6' Street. Attending were Mayor Harris, Vice
Mayor Scott and Commissioners Gaeddert, and Loescher. Also attending were City Manager
Heinicke, City Attorney Myers, City EngineerIDPW Loornis, Director of FinanceICity Clerk
Ahsmuhs, Deputy Clerk Duerksen, and Youth Ambassador Christina Collison. Commissioner
Heck was going to be late.
Rev. Jim Pauley of the First Church of God provided the invocation. The Mayor then led
in the Pledge of Allegiance to the US Flag and presided over the items of business.
CONSENT AGENDA
1 Review minutes of October 10,2000 Commission meeting.
2. Receive Financial Reports for September.
3. Mayors Appointment to the Historic Preservation Commission - Brenda

Miller - term ending 8-30-2003.
MOTION ON CONSENT AGENDA: Commissioner Loescher moved and

Vice Mayor Scott seconded to approve the consent agenda as presented. Motion
carried 4-0.
Commissioner Heck entered the meeting at 7:05 p.m.
A. Receive citizen comments. - -

.
. .,----.-
-
- Lisa Roberts,'309 SE 4m, spoke to the Commission about the reoccw-ngproblem with
the neighbors in the 300 block of SE 4m. Their neighborhood has always beecquiet until their
new neighbors moved in. - There is a lot of activity at this house, a lot of 8% loud music,
vandalism to neighbors pr~pertyand burglaries. Recently two Pit Bulls mulled a neighbors cat.
The house is occupied by juveniles with little adult supervision. The neighborhood is looking for
answers on what to do. They have talked with SRS and they will not get involved.
Police Chief Jackson commented the Police Department is well aware of the situation at
this residence. The juveniles have been arrested a number of times. The police are working on
different solutions to the problems which he could not disclose. The Pit Bulls have been
removed from the house. One was euthenized and the other was adopted out.
Rick Roberts questioned if there was an Ordinance that controls the number of people
who gather in one spot at a time. He was informed there was not.

,.' October 24,,?OOO Page 1 of 5
Commissioner Gaeddert inquired if the parents of these juveniles could be arrested for
the crimes of their children. City Attorney Myers responded charges could be brought against
the parents but they would not be the easiest to prosecute.
Commissioner Loescher inquired what SRS's official statement on this whole issue is.
He was informed they won't make one. He also asked if the property owners had been
approached about the problem to which Jackson responded they have.
Following further discussion, the consensus of the Commission was to write a letter to
the SRS, the County Attorney and District Court to express the Commission's concern with this
situation.

Public input will be received on October 26 at 7:00 p.m. on the recreation complex to gain
input on the plan for the layout of facilities.
Staff will be interviewing candidates this week for the Airport Manager. The Kansas Airport
Association met in Newton this past week.
Police Chief search process is underway. The first initial cut has been made.
Historic Preservation is still working out staffing alternatives with the Chamber. They will
be making a proposal to the Commission if all goes well.
The City recently applied for funds for a Main Street underpass or lStStreet overpass.
KDOT didn't fund these projects, but have been awarded $100,000 to study traffic options.
The City and Chamber have discussed using the Fox Theater for meeting facilities and
Chamber offices. They are still waiting on a letter fiom the structural engineer and an
asbestos report before moving forward.
November 15 the Harvey County Council of Governments will discuss tax abatement
City employees are participating in computer training and Spanish classes.
Newton Recreation Commission will be reviewing their strategic plan. May be asking for
Commission input.
City will host a Chamber breakfast meeting on November 17 at Spears. - -
Wholesale Water District No. 17 construction is nearing completion. --
---
Commissioner. ~ a d d e r tinquired where things stand with the ricZ3ion plan for
administration of facilities .built. City Manager Heinicke responded that the ~-%r and he have
offered to meet with the NRC on a regular basis. He also commented their strZegic plan is a
chance for the Commission to share their opinions on the whole issue.
Commissioner Heck commented he felt the City was awarded money to study Main
Street traffic issues because we applied for the money. He also commented the City
demonstrated their willingness to sit down and work for solutions. He questioned if KDOT and
the railroad would be involved in the process for Main Street. Staff commented they would.
6. Receive public input on the proposed animal control ordinance.
The City Attorney reviewed the revisions made to the draft Animal Control Ordinance.
Boa constrictors and pythons were added to the list of inherently dangerous animals, but all

8 October 24,?0,00 Page 2 of 5
reference to breed specific dogs has been eliminated. Allowances have been made for people
who currently maintain inherently dangerous animals. They would be grand-fathered in and
would have to obtain a license to harbor these animals. However, no new inherently dangerous
animals would be allowed to come in to the City. The insurance requirement also has been
removed. Myers asked for .direction from the Commission as to what they wanted in the
Ordinance.
Gene Davis asked for clarification on how this Ordinance would effect ownership of
certain breeds of dogs. He was informed that provision had been removed and the Ordinance
would deal with venomous reptiles, rear-fanged snakes, alligators and crocodiles, big cats and
bears.
Commissioner Loescher felt it was not necessary to define inherently dangerous animals
because the current Ordinance addresses this issue. He felt the City would be creating problems
for citizens who are law abiding.
Vice Mayor Scott suggested an extension of the current list of animals not allowed within
the City limits instead of a whole new Ordinance.
City Attorney Myers commented an animal has to show, through its behavior, that it will
attack to be considered dangerous under the current Ordinance. He pointed out that too much
discretion on what is dangerous and what is not shouldn't be given to the Animal Control Officer
because each could have a different interpretation. There must be standards given for them to
follow.
Commissioner Heck concurred with Myers and stated that the more defintive the
Ordinance can be the better the Animal Control Officer can enforce it.
Following more discussion, the Commission directed the City Attorney to bring back an
Ordinance that adds venomous reptiles, rear-fanged snakes, alligators and crocodiles, big cats
and bears. The Ordinance would also grand-father in those citizens who currently harbor-.,-
licensure for future owners should be a detailed process. --

venomous reptiles or snakes, but would they would be required to obtain a license, and the.-->
- -.-...
-- -=
f)-
7. Consider Harvey County proposal for extension.of sew& west of ~ i @ & n i t s .

--
The City Manager reported that a letter was received from Harvey County asking
whether the City was willing to extend sewer to the subdivisions west of the City limits, but they
do not indicate any interest in participating in the cost. He commented there were a number of
points in which both parties agree and reviewed them. The City has offered to extend sewer
upon annexation of the area if the County would contribute $60,000 per year for ten years. The
sewer service would not be provided by the City without the annexation. The City would pay
$400,000 or 40% for oversizing water lines to better protect the lives and property in this area.
Heinicke then identified the pros and cons of a human waste lagoon versus connection to the
municipal sewer system (see attachment 1) and reviewed the fiscal impact analysis (see
attachment 2). A draft letter restating the City's position was reviewed.

October 24,2000 Page 3 of 5
-, .
Vice Mayor Scott felt the letter was well done. He commented he was disappointed in the
County's suggestion for adding additional cost for any new development that enters this area.
The only way to lower the tax burden is to increase the tax base with residential development.
MOTION: Commissioner Gaeddert moved to approve the draft letter to the

County restating the City's position. Vice Mayor Scott seconded the motion
which carried 5-0.
8. Out of district fees moratorium.
In 1997, the Commission passed a temporary moratorium on out-of-district fees for

residential connection within the City. Commercial development required two new employees
and an investment of at least $50,000 to waive these fees. This moratorium has worked well to
encourage infill development in the older areas of town. The area included is the portion of the
City included within the Neighborhood Revitalization Area. New development is not included in
this area. Consensus of the Commission was for staff to bring back the revised policy at the next
meeting. Staff suggested incorporating this moratorium into a standing policy.
9. Consider a Resolution authorizing funding of Airport Improvement Projects.
A Resolution authorizing the payment of costs incurred for improving the Newton
CityICounty Airport and its facilities; and authorizing the issuance of General Obligation Bonds
of the City of Newton, Kansas to pay such costs was considered. The amount to be bonded for
the improvements would be $215,000. Payments would be made from the Aviation budget if
possible, but if they can't the City and County would split the cost of the payment. It is
important that the Airport be a good landlord.
MOTION: Commissioner Heck moved that this Resolution, assigned G-79 1, be

approved as presented. Commissioner Gaeddert seconded the motion which
carried 5-0. (This Resolution is contained in Volume D of General Resolutions.) -. -
-.-
. .,-:
- 10. Old Business. - -.--..

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4:.
City Manager Heinicke reported a citizen approached thel~ity~ttorne~%-& the use of

"Jake" brakes on 1st ~ t r e e t . . - - . ~ ~felt
e r sthe City has the authority to post ~ i ~ n s - ~ r o h i bthe
itin~
use of engine compression brakes on City streets. Heinicke asked for Commission direction on
this. A highway permit needs to be filled out and sent to get the signs along the interstate. The
Commission suggested staff come up with locations to place these on City streets and come back .
to the Commission with locations.
City EngineerIDPW Loomis reported the School District has approved to pay half the
cost of the bridge over Slate Creek. Staff is hoping this will be constructed during the Christmas
break at school. Commissioner Loescher inquired if there were plans for a pedestrian bridge on
Kansas Avenue. Loomis informed him the bridge at Old Main will be used for the Kansas
Avenue bridge.

October 24?,2?00 Page 4 of 5
Vice Mayor Scott extended an invitation to the meeting on Thursday evening to review
the proposed master plan.
Mayor Harris informed the Commission the search continues for an Airport Manager.
11 New Business.
City EngineerDPW Loomis asked for suggestions of people to serve on the

Beautification Advisory Board. The board is down to two members due to another resignation.
Youth Ambassador Collison reported on the sports activities happening at the High
School.
12. Executive Session.
MOTION: Vice Mayor Scott moved that the Commission recess to executive
session for purpose of preliminary discussion of acquisition of real estate and to
discuss matters under attorneylclient privilege for 15 minutes. Commissioner
Heck seconded the motion which carried 5-0.
The Commission recessed to executive session at 8:50 p.m. The Commission reconvened
at 9:05 p.m. Mayor Harris announced no decisions were made and no action was taken.
13. Adjournment.
ATTEST: -.

4
., '>
10/20/2000
.
RESOLUTION NO. G-7 9 1
A lUSOEU1ITON AUTHORIZING THE PAYMENT OF THE COSTS
INCURRED FOR XNPROVING THE NEWTON CITYJCOUNTY AIRPORT
AND ITS FACILITIES; AND AUTHORIZING THIE ISSUANCE OF GENERAL,
OBLIGATION BOMX OF THE CITY OF NEWTON. KANSAS TO PAY SUCH
COSTS.
JVXEREAS, K.S.A. 13-1024a, zi amended by Charter Ordinance No. 35 of the City of

Newton, Kansas (the "City") (enacted pursuant to the provisions of Section 5(c) of Article 12 of the
Constitution of the State of Kansas) and K.S.A. 12-101 (jointly the "Act"), provides that for the
purpose of paying for any public improvement, including but not limited to, any bridge, viaduct,
public building, including the land necessary therefor, for lands for public parks and developing the
same, within or without the city, or for the improvement, repair or extension of any public utility, and
for the purpose of rebuilding, adding to or extending to the same from time to time, as the necessities
of the city may require, h e city may borrow money and issue its bonds for the same without an
election held for that purpose; provided the total amount of bonds issued for such purposes shall not
exceed the sum of $750,000 in my one year; and
II
, wHXM?AS, the governing body of the City determines it neais&y to improve the Newton -
CityiCounty Airport and its facilities, a public building as described in the Act, by making renovations
of Hangar A, B, E, F, J, K, L; and parking lot improvements adjacent to such public building,
together with al1 other necessary improvements appurtenant thereto, at an estimated cost of $215,000
(the 'Pioject"); said costs to be paid by the City-at-large; and to provide for the payment of the costs
of the Project, ad1 as provided by the Act.
.'
IT RESOLVD BY THE GOVERNXNGBODY .OFm cm OF
TJXEREFORE,'~E
NEWTON, KANSAS: .
SECTION 1. Project Authorization. It is hereby authorized, ordered and directed that the
Project be undertaken under the provisions of the Act.
SECTION 2. .Bond Authorization. The estimated costs of the Projett are in the amount of
$215,000, a11 of which shall be chaxgeable to the City at large, and those costs authorized to be paid by
the issuance of gerierai obligation bonds of the City (the "Bonds") in an amount of not to exceed
$2'15,000, under the.provisioasof the Act. Said Bonds shall be issued by.& City at a later date and
may be combined with any other general obligation bonds .to be issued by the City for other projects as --
I may be determined by the governing body to be in the best interests of the City.
SECTION 3. Reimbursement. The Bonds authorized pursuant to this ~eklutionare authorized

.-
to reimburse expenditures made on or after the date which is 60 dais before the date of this Resolution,
pursuant to Treasury Regulation 4 1.150-2.
SECTION 4. Effective Date. .This Resolution shall take effect and be in force from .andafter its
adoption.
6 7 9 1 10-24-00
GO Bonds-Airport Improvements .
ADOPTED by the Governing Body of the City of Newton, Kansas, on
ll:36QM CIT OF NEWTON 3162846090
b
MQR 05 '01
WATERLINE RELOCATION 1-135 & BROADWAY
Contingency 25% $ 18,440.00

Total Construction $; Miteriais . $ 92,200.00
Engineering & Administration 25% $ 23,050.00
Total Project Cost $ 1 15,250.00
SPECIAL CITY COMMISSION MINUTES
February 5,2001
The Newton City Commission convened in special session called to consider a Resolution of Support for
tax credit for Sunset Town Homes, consider a proclamation, consider a Resolution authorizing a water line
relocation at Broadway and 1-135 and set date and time to receive bids and discuss west side sewer extension
logistics. Notice of the special meeting was provided as required.
Mayor Harris convened the special meeting at 5:00 p.m. on February 5,2001 in the 3rdFloor Conference
Room at 201 East 6fi Street. Attending were Mayor Harris, Vice Mayor Scott and Commissioners Heck and
Loescher. Commissioner Gaeddert entered the meeting at 5:15 p.m. Also present were City Manager Heinicke, City
Attorney Myers, DPWlCity Engineer Loomis Director of FinanceICity Clerk Ahsmuhs and Community
Development Director Johnson, Brian Huxman and Jonelle Williamson.
1. Consider a proclamation declaring the week of February 11-17, 2001 as "Career and Technical
Education Week".
MOTION: Vice Mayor Scott moved and Commissioner Heck seconded to approve the
proclamation as presented. Motion carried 4-0.
2. Consider a Resolution of support for tax credit for Sunset Townhomes.
A Resolution of 'Support of a tax credit application for rehabilitation of affordable rental housing by
Century Pacific Housing Partnership VIII, L.P. was considered. The property is located at 1001 North Boyd. The
owners of the facility are requesting tax credits to remodel the complex. Discussion focused on previously
endorsed projects and likelihood of gaining credits. It was noted that the project would not increase the amount of
housing available, and that the City had never endorsed a private renovation project in the past. The item died for
lack of a motion.
3. Consider a Resolution authorizing a water line relocation at Broadway and 1-135 and set date and
time to receive bids.
A Resolution of the City of Newton, Kansas, authorizing improvements to the City public water supply
system; and providing for the payment of the costs thereof was considered.
The City Engineer noted that KDOT had informed the City that its water line on Broadway would only be
four feet fiom the new interchange bridge abutments. Therefore, it had to be relocated. The City Manager indicated
that time was of the essence, since the Broadway interchange was a large undertaking
. .
and any possible compression..--
of the construction timefiame was essential. -. .:-..--
MOTION: Commissioner Heck moved and Commissioner Gaeddert seconded

Resolution, assigned. G-797, be. approved as presented. Motion carried 5-0.
.
thatw$*
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MOTION: Commissioner Loescher moved &d Vice Mayor Scott seconded to receive bids for
the water line relocation on February 26,2001 at 10:OO a.m. Motion carried 5-0.
4. Discuss west side sewer extension logistics.
The Commission reviewed three options for annexation, examining materials provided prior to the meeting.
The City Attorney outlined annexation procedures, noting that it would not be possible to annex the area by April 1,
2001, in time to place the properties on the tax rolls. It was noted that Option 1 did not include all properties which
were logical annexation candidates, although it did correspond directly with the Letter of Intent for sewer
connection. However, the Letter of Intent was not written to exclude annexation of additional areas, so the
Commission discussed expansion of annexation under either Options 2 or 3. Additional fiscal impact information
was requested for Option 3.
Special Meeting
February 5,2001
There being no further business to come before the Commission, the meeting was adjourned.
Special Meeting
February 5,2001
-\ i
Gihore & Bell, P.C. .-
03/08/2001
. RESOLUTXON NO.6797
A RESOLUTION OF THE CITY OF NEWTON, KANSAS, AUTHORIZING

IMPROVEMENTS TO THE CITY PUBLIC WATER SUPPLY S Y S W AND
PROVIDING FOR PAYMENT OF THE COSTS THEREOF.
WP3EREAS, KSA. 65-163dthrough 65-1634as amended (the "Act"),authorize any mmicipali@

to acquire2condrucf recOIlStrircf improve, equip, rehabilitate or extend all or any part of a public water
supply system and to issue genaalobligation bonds to pay all or part of any costs t h m e and
WEElUUS, the governing body of the City of Newton,Kansas (the wCity"),hereby h d s and
determines that it is necessary and advisable to improve its public water suppb system (the "Systemn) by
relocating water mains north of Broadway and Interstate 135 in the City (the "3[mproveq;lents")at an
estimated cost of $1 15-0; and to provide for the payment of the costs them£
NOW TEEXJB'ORE, BE IT RESOLVED BY TEE GOVERMNG BODY OF THE CTI?

OF NEmTONP]KANSAS:
SECI'IONf. Authorization, It is hereby authorized, ordered and directed that the
~ ' ~ ~ ~ b e c o n s t r u c t e d .
SE@PPOPT2. Fm-. The costs of constPucting said J m p r o ~ t ands expenses of .

h c i n g the same shall be paid by the City from the proceeds of general obligationbonds in an amount of
not to exceed $120,(600uuder tttt d o r i t y of the Act -
- SECTION 3e Reimbursement &~andsissucd under the

used to nimfnnsc expenditures made on or after the date thatis
U
pur~uazlt.to S , Tt i gl..lM-2. . : . . . .
S]EC-I1:0N4. EffectiveDate, This Resolution shall take e f f ' and be in fulI force h m and
after3s adoption by the governing body of the City- -
..
~ALANCEOFTEISPAGEINTENTIOUALLYLS;TBLANH]
ADOP'IXD AN%) APPROVED by the governing body. of the City-of NeMon, Khmas, on
February 5,2001.
(Seal)
A m
Newton Cliy/County Airport
Proposed Improvements for Facilities FY 2001-2003
August 2000
Hangar K: Prioritize
'st Replace Main Hangar Doors
Two 20'w x 12'h doors with 16"'radiuson track and removable center post
Replace tracks and add electric control Est Cost: $3.000
Hangar J:
Office Area 100'x 50'
Put in insulation R-11 over ceilingtiles
Replace all ceiling tiles .EstCost: $4,615
Paint over insulation inside of south hangar

100' x 100' 20' eave height and 24 ' peak height
16' x 60' door opening Est Cost: $14,720 to reinsulate
* * Painting Not Recommended * *
-
Paint Hangar Floors
Epoxy floor paint
20,000 s.f. Est cost: $4.400.00 for msteriilla
&ro
Replace Lights in South Hangar '
Install 20 400wt Nickel Metal Halide fixtures Est Cost: . $3,590
Construct Breakroom 20' x 20'

Along back wall of North Hangar Est Cost: $1.500
South Gravel Parking Lot:

Construct Asphalt Parking lot
Cwently gravel, approx 8" base course
-
70' x 365' 25,550 s.f.
Hangar A:
'QC Paint Exterior
80' x 100' 16'eave 25' peak Est Cost: $5.432
** + $.39/p to power wash **
-
OCT 17 '80 10:54RM C I T Y OF NEMTON 3162846890
t
/
Prioritize
Remodel Horst's office
Paint & Carpet
250 s.f. Est Cost: $1.1 50
Construct Furnace Closet

In RTR offrce arca
4'w x S'd x 8'h Est Cost; $300 . .
Subtotal: $6.88
Hangar E:
Overlay Apron
105' x 110' 11,550 s-f.
2" asphalt overlay Est Cost: $5.600 . ,
Reinsulate Hangar
120' x 100' 18' eave 24' peak Est Cost: $17.856
Reinsulate Lean-to office 4
24' x 60' x 9'h to 12% Est Cost: $2.595
Move Hangar doors

Remove rear doors and install on front
Move track and utilize existing controls
Frame in rear wall & install roll up garage door Est Cost: $7.500 -..
"* IS%unsure**
Hangar B:
Reskin Exterior Walls of Hangar & office
-
Hang&- 80' x 100' 16'eave 20' peak
Office - 24' x 40' x 9'h to 12'h Est Cost: $27,280
Reskin Office Roof Est Cost: $3.072
-
'ga. Paint Exterior Walls
Install "Seal-eze" seals on main hangar doors

Approx 92 linear feet
Est Cost:
Est Cost:
$6,160
$500
Subtotal: 837.0 12.

0. OCT 17 '00 10:54FUI CITY OF NEMTON 3162846090
...'
Prioritize
Hangar L:
-
* Replace Lighting
Install 16 250w Nickel Metal Halide Fixtures Est Cost:
Hangar F:
Air Condition Shop Area
4500 s.f. with 9' eave 12' peak
Hangar G, L & N Parking Lot:

Overlay Existing Gravel Parking
-G&L Parking Lot 1 1,680 s.f.
Existing base course approx. 8" Est Cost: $1 6.950
** Not including base work * *
Overlay Newly constructed Gravel Parking - Hangar N
Driveway 20'w x SO'Iong
Parking Area 70' x 70' - less 400 s.f. for Transformer
Currently 6"- 12"rock base cowse Est Cost: $10.500
* * Not including base work **
Construct Sidewalk for Hangar N
70' x 4' standard sidewalk with curb
Between parking lot and hangar Est Cost: $380
Total for all Projects: $192.335.00
Total for Buildings: .$zoa,r05.00

Total for Patking Lots: $90239.09
Construct Parking Lot in fiont of

the terminal building est Cost:
12/12/1994

HELD ON JANUARY 19, 1994

BEVERLY J. GERING and LARRY MATHEWS
Absent: NONE
(Other Proceedings)

Nay: NONE.
Charter Ordinance was then duly numbered Charter ordinance No. 35 and was signed by the Mayor and
(Other Proceedings)
On motion duly made, seconded and carried, the meeting thereupon adjourned
City f3lerk

FROM THE PROVISIONS O F K.S.A. 13-1024a AND PROVIDING SUBSTITUTE
City; and
and
thereto; and
I
NEWTON, KANSAS:
I
charter ordinance.
sum of $750,000 in any one year."

\
,
C '
.. <
.
I
. .. . City dlerk
' .. .
.'
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(First published in THE NEWTON KAN-
SAN. January 25 1994. Submqucntly pub- S'I'ATEOF KANSAS. COUNTY O F H A R V E Y . ss
lishcd therein on h b r u a r y 1 1994)
CHARTER ORDINILV~ENO. 35 Douglas J. AnstaelL
A CHARTER ORDINAKCE EXEMPTING
THE CITY OF SEWTOX KANSAS FROM being first duly sworn. dcpnses a n d s a y s : T h a t he is E d i t o r (G
THE 1~ROVISIOXSOFK.$.A. 13-1024aAND
PROVIDING SUBSTITUTE AND ADDI- Publisher of
TIOKAL PROVlSIOSS RELATING
THREREM.
WHEREAS, the City of Xewton, Kansas
The Newfon Kansan
(thcTity-), bythe powervestcdinitby Article a daily newspaper printed in the State of Kansas, and pub-
12, Srrtion 5, of the Constitution of the State
of Kansas and K.S.A. 12-101. mav elect that lished in and of general circulation in Harvey County,
the whole orany p l r t ofany &actkentofthe Kansas, with general paid circulation on a daily basis in
legislature applying to the City. other than Harvey County, Kansas, and that said newspaper is not a
enactments of slaGwide concern applicable trade, religious or fraternal publication.
uniformly to all cities and enactmenis pre-
scribinglimitsofindebtedness, shall notapply Said newspaper is a daily published a t least weekly 50
to the City; and times a year; has been so published continuously and uninter-
WHEREAS K.S.A. 13-1024a (the "Exist- ruptedly in said county and state for a period of more than
ing Statute") id part of a n act of the Kansas five years prior to the first publication of said notice; and
legislature relating to general improvements has been admitted at the post off~ceof Newton, Kansas
and land therefor borrowing money andbond in said County as second class matter.
issues; which is lpplicable to the City but i s
not applicable uniformly to all cities within
the State of K a n ~ (the
s "Statd8);'and That the attached notice is a t ~ copy
e thereof and was
WHEREAS, thegoverningbodyoftheCity published in the regular and entire lssue of said newspaper
desires, by charter ordinance, to exempt the Two
City from t h e provisions of the Existing S t a t for consecutive weeks, the f i s t publication
ute and to provide substitute and additional 25th.
provisions relating thereto; and . . thereof being made as aforesaid on the
WHEREAS, such proposed action i s not
restricted or limited by the provisions of Ar- day of January ,19% with
ticle 12, Section 5, of the Constitution of the
State ofKansas. subsequent publications being made on the following dates :
NOW THEREFORE BE I T ORDAINED FEmary 1
BYTHE ~ O V E R N ~ N~GO D Y
OF THE CITY
OF hTWTON, KANSAS:
SECTION I. Exemution.Thecityis heqeby
exempted from t h e pmvisions'of the Existing
Statuteand shall begoverned by thefollowing
substituteand additional plovisionscantained
in this charter'ordinance. '
m. Substitute Provisions. The
City hereby el- thaL t h e following substi?
tuteand additional provisions a r e substituted Subscribed and sw&n to b&ore m e k s 2nd day of
in lieu of those provided for in the Existing '
Statute.
- -,a s-..
follows:
~- ..
"For the purpffie of paying for any public
impmve~eot,includingbutnotlimi~io,
any bridge, viaduct, public building, in-
cluding t h e land necessary thereror for
lands for public parks and developin; t h e
same, within orwithout thecity, or for'the
improvement, repair o r extension of any
public utility, and for the purpose of re-
same from time to time, a s the necessities.
of t h e city may require, t h e city may bor-.
' same;.Prouided. 'That no bonds shall be

were authorized by a majority of the votes
.cast i n a n election held for t h a t purposc
Provided further, That the c i t y may& id.
the bonds of the City for the purpose of
paying for said public improvements and
the land necessary therefor without such
bonds havingbeen authorized bydvot+of
the people, b u t the total amount ofbonds
iss'uid for such p t q o s e s shall not exceed
the sum of $750,000 in a n y one year."
SECTION3.Severability. Ifany provision
or section fo this charter ordinance i s deemed
o r rul& unconstitutidrdl o r otherwise illegal
o r invalid by any murtofcompetent jutisdic-.
tion, such illegality or invalidity shall not
affect a n y other provision oithis charter ordi-.
nance. This ~ h a r t e rordinan* shall be con-
strued and enforced asifsuchillepal orinvalid
provision had not been c o n t a i n 2 herein.
SECTION 4. &waler. The City hereby
repeals Charter OrdinanceNo. 11of thecity
to be erective a s the date this charter ordil
nance becomes efTective. .
SECTION 5. Erective Date. This charter
ordinance shall be published.once each week
for two consecutive weeks in the official Citv
newspaperand shall takeeKectsixtY(60)da$
aft& the final publication; unless within 60
days of finai publication, a petition signed by
a number of electors of the city equal to not
less than ten percent (10%) ofthenumber of
electors who voted a t the last preceding mgu-
larcityelection s h a l l b c ( i l ~ . i ntheofice ofthe
City Clerk demanding that this charterordi-
nancebe submitted t o a voteofthe electors, in
which event this ch~rterordinance'shalltake ,
erect when appmved by a majority of the
electors voting a t an election held for such
purpose.
PASSED by t h e governing' body of the
Ciby, this 19th day ofJanuary, 1994.
CITY OF NEWTON. KAWSAS
01/14/1994
STATE OF KANSAS 1
) ss:
COUNTY OF HARVEY 1
(Seal)
i
October 24,2000
The Newton City Commission convened in regular session at 7:00 p.m. on October 24,
2000 in the City Commission room, 201 East 6' Street. Attending were Mayor Harris, Vice
Mayor Scott and Commissioners Gaeddert, and Loescher. Also attending were City Manager
Heinicke, City Attorney Myers, City EngineedDPW Loomis, Director of FinanceICity Clerk
Ahsmuhs, Deputy Clerk Duerksen, and Youth Ambassador Christina Collison. Commissioner
Heck was going to be late.
Rev. Jim Pauley of the First Church of God provided the invocation. The Mayor then led
in the Pledge of Allegiance to the US Flag and presided over the items of business.
CONSENT AGENDA
2. Receive Financial Reports for September.
3. Mayors Appointment to the Historic Preservation Commission - Brenda

Miller - term ending 8-30-2003.
MOTION ON CONSENT AGENDA: Commissioner Loescher moved and

Vice Mayor Scott seconded to approve the consent agenda as presented. Motion
carried 4-0.
Commissioner Heck entered the meeting at 7:05 p.m.
4. Citizen's Forum of items presented or requested by the public: ,
A. Receive citizen comments. -. .-

_. -._--
-
Lisa ~ o b e r t s ~ ' 3 0SE
9 4 ~ spoke
, to the Commission about the reocc+gproblem with
the neighbors in the 300 block of SE 4fi. Their neighborhood has always beecquiet until their
new neighbors moved in. - There is a lot of activity at this house, a lot of f ie loud music,
vandalism to neighbors praperty and burglaries. Recently two Pit Bulls mulled a neighbors cat.
The house is occupied by juveniles with little adult supervision. The neighborhood is looking for
answers on what to do. They have talked with SRS and they will not get involved.
Police Chief Jackson commented the Police Department is well aware of the situation at
this residence. The juveniles have been arrested a number of times. The police are working on
different solutions to the problems which he could not disclose. The Pit Bulls have been
removed from the house. One was euthenized and the other was adopted out.
Rick Roberts questioned if there was an Ordinance that controls the number of people
who gather in one spot at a time. He was informed there was not.
2
I ' October 24, FOOO Page 1 of 5
Commissioner Gaeddert inquired if the parents of these juveniles could be arrested for
the crimes of their children. City Attorney Myers responded charges could be brought against
the parents but they would not be the easiest to prosecute.
Commissioner Loescher inquired what SRS's official statement on this whole issue is.
He was informed they won't make one. He also asked if the property owners had been
approached about the problem to which Jackson responded they have.
Following further discussion, the consensus of the Commission was to write a letter to
the SRS, the County Attorney and District Court to express the Commission's concern with this
situation.

Public input will be received on October 26 at 7:00 p.m. on the recreation complex to gain
input on the plan for the layout of facilities.
Staff will be interviewing candidates this week for the Airport Manager. The Kansas Airport
Association met in Newton this past week.
Police Chief search process is underway. The frrst initial cut has been made.
Historic Preservation is still working out staffiig alternatives with the Chamber. They will
be making a proposal to the Commission if all goes well.
The City recently applied for funds for a Main Street underpass or lStStreet overpass.
KDOT didn't fund these projects, but have been awarded $100,000 to study .traffic options.
The City and Chamber have discussed using the Fox Theater for meeting facilities and
Chamber offices. They are still waiting on a letter from the structural engineer and an
asbestos report before moving forward.
November 15 the Harvey County Council of Governments will discuss tax abatement polidy.
City employees are participating in computer training and Spanish classes.
Newton Recreation Commission will be reviewing their strategic plan. May be asking for
Commission input.
City will host a Chamber breakfast meeting on November 17 at Spears. -. -
Wholesale Water District No. 17 construction is nearing completion.. -..
. ..---
- "-Y.
Commissioner ~ a d d e r tinquired where things stand with the ricG&on plan for
administration of facilities built. City Manager Heinicke responded that the M-&r and he have
offered to meet with the NRC on a regular basis. He also commknted their itrZgic plan is a
chance for the Commission to share their opinions on the whole issue.
Commissioner Heck commented he felt the City was awarded money to study Main
Street traffic issues because we applied for the money. He also commented the City
demonstrated their willingness to sit down and work for solutions. He questioned if KDOT and
the railroad would be involved in the process for Main Street. Staff commented they would.
6. Receive public input on the proposed animal control ordinance.
The City Attorney reviewed the revisions made to the draft Animal Control Ordinance.
Boa constrictors and pythons were added to the list of inherently dangerous animals, but all

,.
reference to breed specific dogs has been eliminated. Allowances have been made for people
who currently maintain inherently dangerous animals. They would be grand-fathered in and
would have to obtain a license to harbor these animals. However, no new inherently dangerous
animals would be allowed to come in to the City. The insurance requirement also has been
removed. Myers asked for .direction from the Commission as to what they wanted in the
Ordinance.
Gene Davis asked for clarification on how this Ordinance would effect ownership of
certain breeds of dogs. He was informed that provision had been removed and the Ordinance
would deal with venomous reptiles, rear-fanged snakes, alligators and crocodiles, big cats and
bears.
Commissioner Loescher felt it was not necessary to define inherently dangerous animals
because the current Ordinance addresses this issue. He felt the City would be creating problems
for citizens who are law abiding.
Vice Mayor Scott suggested an extension of the current list of animals not allowed within
the City limits instead of a whole new Ordinance.
City Attorney Myers commented an animal has to show, through its behavior, that it will
attack to be considered dangerous under the current Ordinance. He pointed out that too much
discretion on what is dangerous and what is not shouldn't be given to the Animal Control Officer
because each could have a different interpretation. There must be standards given for them to
follow.
Commissioner Heck concurred with Myers and stated that the more definitive the
Ordinance can be the better the Animal Control Officer can enforce it.
Following more discussion, the Commission directed the City Attorney to bring back an
Ordinance that adds venomous reptiles, rear-fanged snakes, alligators and crocodiles, big cats
and bears. The Ordinance would also grand-father in those citizens who currently harbor..--
venomous reptiles or snakes, but would they would be required to obtain a license, and the-:'
licensure for future owners should be a detailed process. - --...--
3
-
S-I-
7. Consider Harvey County proposal for extension of sewer west of ~i@&nits.
The City Manager reported that a letter was received from Harvey County asking
whether the City was willing to extend sewer to the subdivisions west of the City limits, but they
do not indicate any interest in participating in the cost. He commented there were a number of .
points in which both parties agree and reviewed them. The City has offered to extend sewer
upon annexation of the area if the County would contribute $60,000 per year for ten years. The
sewer service would not be provided by the City without the annexation. The City would pay
$400,000 or 40% for oversizing water lines to better protect the lives and property in this area.
Heinicke then identified the pros and cons of a human waste lagoon versus connection to the
nunicipal sewer system (see attachment 1) and reviewed the fiscal impact analysis (see
attachment 2). A draft letter restating the City's position was reviewed.

.. .
Vice Mayor Scott felt the letter was well done. He commented he was disappointed in the
County's suggestion for adding additional cost for any new development that enters this area.
The only way to lower the tax burden is to increase the tax base with residential development.
MOTION: Commissioner Gaeddert moved to approve the draft letter to the

County restating the City's position. Vice Mayor Scott seconded the motion
which carried 5-0.
8. Out of district fees moratorium.
In 1997, the Commission passed a temporary moratorium on out-of-district fees for

residential connection within the City. Commercial development required two new employees
and an investment of at least $50,000 to waive these fees. This moratorium has worked well to
encourage infill development in the older areas of town. The area included is the portion of the
City included within the Neighborhood Revitalization Area. New development is not included in
this area. Consensus of the Commission was for staff to bring back the revised policy at the next
meeting. Staff suggested incorporating this moratorium into a standing policy.
9. Consider a Resolution authorizing funding of Airport Improvement Projects.
A Resolution authorizing the payment of costs incurred for improving the Newton
CityICounty Airport and its facilities; and authorizing the issuance of General Obligation Bonds
of the City of Newton, Kansas to pay such costs was considered. The amount to be bonded for
the improvements would be $215,000. Payments would be made fiom the Aviation budget if
possible, but if they can't the City and County would split the cost of the payment. It is
important that the mart be a good landlord.
MOTION: Commissioner Heck moved that this Resolution, assigned G-791, be

approved as presented. Commissioner Gaeddert seconded the motion which
carried 5-0. (This Resolution is contained in Volume D of General Resolutions.) - -
--
10. Old Business. -- - --.-.
. -.-.
2-
-
City Manager Heinicke reported a citizen approached the .City ~ttornej,%-ut the use of
"Jake" brakes on 1st Street.- Myers felt the City has the authority to post signs prohibiting the
use of engine compression brakes on City streets. Heinicke asked for Commission direction on
this. A highway permit needs to be filled out and sent to get the signs along the interstate. The
Commission suggested staff come up with locations to place these on City streets and come back
to the Commission with locations.
City EngineerDPW Loomis reported the School District has approved to pay half the
cost of the bridge over Slate Creek. Staff is hoping this will be constructed during the Christmas
break at school. Commissioner Loescher inquired if there were plans for a pedestrian bridge on
Kansas Avenue. Loomis informed him the bridge at Old Main will be used for the Kansas
Avenue bridge.
' .>
October 24,,2000 Page 4 of 5
Vice Mayor Scott extended an invitation to the meeting on Thursday evening to review
the proposed master plan.
Mayor Harris informed the Commission the search continues for an Airport Manager.
11. New Business.
City EngineerDPW Loomis asked for suggestions of people to serve on the

Beautification Advisory Board. The board is down to two members due to another resignation.
Youth Ambassador Collison reported on the sports activities happening at the High
School.
12. Executive Session.
MOTION: Vice Mayor Scott moved that the Commission recess to executive
session for purpose of preliminary discussion of acquisition of real estate and to
discuss matters under attorneylclient privilege for 15 minutes. Commissioner
Heck seconded the motion which carried 5-0.
at 9:05 p.m. Mayor Harris announced no decisions were made and no action was taken.
13. Adjournment.
ATTEST: --

2
,-
10/20/2000
A RSOLUTXON AUTHORIZING THE PAYMENT O F THE COSTS

INCURRED FOR W R O V I N G THE NEWTON CITYiCOUNTY AIRPORT
AND ITS FACXI,ITIES; AND AUTHORIZING THE ISSUANCE OF GENEIRAL
OBLIGATION BONDS OF THE CITY OF NEWTON, KANSAS TO PAY SUCH
COSTS-
WIPIEREAS, K.S.A. 13-1024a, as amended by Charter Ordinance No. 35 of the City of

Newton, Kansas (the "City") (enacted pursuant to the provisions of Section 5(c) of Article 12 of the
Constitution of the Sgte of Kansas) and K.S.A. 12-101 (jointly the "Act"), provides that for the
purpose of paying for any public improvement, including but not limited to, any bridge, viaduct,
public building, including the land necessary therefor, for lands for public parks and developing the
same, within or without the city, or for the improvement, repair or extension of any public utility, and
for the purpose of rebuilding, adding to or extending to the same fiom time to time, as the necessities
of the city may require, b e city may borrow money and issue its bonds for the same without an
election held for that purpose; provided the total amount of bonds issued for such purposes shall not
exceed the sum of $750,000 in any one year; and
WHSSRIEAS, the governing body of the City determines it ne-ary to improve the Newton -
CitylCounty Airport and its facilities, a public building as described in the Act, by &g renovations
of Hangar A, B, E, F, J, K, L; and parking lot improvements adjacent to such public building,
together with all other necessary improvements appurtenant thereto, at an estimated cost of $215,000
(the "Project"); said costs to be paid by the City-at-large; and to provide for the payment of the costs
of the Project, all as provided by the Act.
THEXE~?ORE,*BEI T PUESBLVED BY THE GOVERNING BODY OF l333 CITY O F

NEWTON, KANSAS:
SECTION 1. Project Authorization. It is hereby au&orized, ordered 'and directed that the
Project be undertaken under the provis'ions of .the Act. ..
. -
SIECTION 2. Bond Authorizition.. The estimated costs of the Projett are in the amount of
$215,000, all of which shall be chargeable to the City at large, and those costs authorized to be paid by
the issuance of general obligation bonds of the City (the "Bonds") in an amount of not to exceed
$2'15,000, under the.provisions of the Ad. Said Bonds shall be issued by the City at a later date and
may be combined with any other general obligation bonds .to be issued by the City for other projects as --
may be determined by the governing body to be in the best i n t e r of
~ the City. . -
-
SECTION 3. Reimbursement. The Bonds authorized pursuant to this Resolution are authorized
to reimburse expenditures made on or after the date which is 60 dais before the date of this Resolution,
SECTION 4. Effective Date. #ThisResolution shall take effect and be in force fiom and &r its
adoption.
6-791 10-24-00
GO Bonds-Airport Improvements .
3 --
Newton City-CountyAirport
Phone:3 16-284-6089
.. . ..
Fax: 3 16-284-6086
Ngwton 810 North Oliver Newton, Kansas 67114-0426
From: T.W. Anderson, Airport Manager Cc: Jim Heinicke, C,ityManager

. Re: ~ e ~ u kfor
s ta .Resohtion authorizing securing ~ o n ~inanci&
d for cbnstruction of additionalT-
hangars. .. .
As initially presented at the August 14,2001 City Commission meeting, the Airport has the ability to
continue expansion of the most recent T-Hangar building with eighteen (18) more units. Our
estimate of a not to exceed cost would be $283,350for 18 units which is less costly than the last
building built since we have a lot of the planning work already completed and the airport will act as
its own general contractor. Bid solicitstion will begin upon your approval of the expenditure.
Amortized over 20 years these units will attract aircraft and their owners providing increased
revenue td support the overall airport and the hangars will provide a positive cash flow.
' We ask 'fora resolution authorizing issuance of bonds financing a not to exceed project cost of
$283,350. . , . .
Newton City-county Airport
Phone: 3 16-284-6089
Fax:3 16-2846086
-
Newton
To: Newton City Commission

810 North Oliver Newton, Kansas 671 14-0426
August.'2,2001
From: T.W. Anderson, Airport Mariager Cc: Jim Heinicke,City Manager
Re: Funding for construction ofadditional T-Hangars.
As you are probably aware, the airport's most recent locally funded building development consisted
of a large hangar intended as a community hangar, and a ten unit row of T-Hangars.'Both buildings
were immediately filled with tenants as soon as we were able to obtain occupancy.
There is a great need in the South Central Kansas area and in particular in this area so close to
metropolitan Wichita for aircrafi hangars. Wichita has no to expand its current number of .
hangars and in themeantime Wichita has driven.theprice of their hang- to an uneconomical level.
Other surrounding airports have'faild to .meetthis pent up demand for hangar space Bs weil.
Meanwhile here at Newton CityfComty Airport.we havia waiting list for hangar space with 33
names .on it.. .
The attached waiting list is current and realistic. Each time a hangar becomes available nly staff calls
each person on the list to determine if they are ready to take occupancy of a hangar. If they are not
ready to take advantage of the vacancy they are asked if they want their name to stay on our list for
f-e contact. Then the next person in line is contacted. We feelthat our waiting list is realistic, and -
we have been able to maintain 100% occupancy for well over the last year. We see this trend as
continuing.
What are we asking for? The Airport has the ability to continue expansion o f the most recent T-
Hangar building with eighteen (18) more units. Our estimate of a not to exceed cost would be
$283,350 for 18 units which is less costly than the last building built since wehave a lot of the
planning work already completed and the airport will act as its own general contractor. Bid
solicitation will begin upon'your approval of the expenditure. Amortized over 20 years these units
will attract aircraft and their owners providing increased revenue to support the overall airport and
the hangars will provide a positive cash flow.
- issuance of ban* financing a not to excpd ~roject

We ask for a resolution authorizing cost of
$283,350.
Attachments:: Map of proposed area
T-Hangar waiting
. .
list . . -
i :
Economic Analysis for T-Hangar Addition
Proposed building: An extension of the current West T-Hangar row.
Add on 18 unit T-Hangar Structure, Dimensions42 by 378 with Electric bifold doors.
Average Estimates received on last project: $214,750 For 10 unit building

Actual cost of last project: $247,810 For 10 unit buiIding
Current Estimate from Erect-A-Tube and subs as of 7flOIOl:
10 units 18 unifs
Building $ 96,000.00 $156,850
Erecting $ 35,000.00 $59,500
Concrete $ 36,000.00 $45,000
EIectrical $ 12.000.00 $17.000
Site Work $ 5I000.00
Total $ 184.000.00
Bid process should lower this cost even more.
Financing: Average
Annual payment - P&l only
15 yrs, 6.5% interest =
20 yrs, 6.5% interest =
Overhead: Annual Annual

Insurance $ 960.00 $ 1,250.00
Utilities $ 1,083.00 $ 1.949.00
Maintenance $ 250.00
Total = $ 2,293.00
- -
Total Cost Financing & Overhead 10 units 18 units
Amortization 15 year 20 year 15 year 20 year
~ o t a~i n n u aCost
l = $ 21,861.91 $18,992.18 $ 33,584.06 $ 29,164.82'
Per UniWr = $ 2,186.19 $ 1,899.22 $ 1,865.78 $ 1,620.27
Per UnWMo. = $ 182.18 $ 158.27 $ 155.48 $ 135.02
Extra Revenuefrom T-Hangars Monthly rental needed to Breakeven per unit,

d l 5 6 of 69 T-Hangars occupied the full year incfudfng average extra revenue generated
pqst 12 mo., (fuel & suppIies) 10 Units Breakeven Rent Profit per month
Total extra gross revenue = $ 48,907.43 15Yr $ 157.44 $ 135.00 $ (22.44)
Average per unitffr = $ 873.35 20Yr $ 133.52 $ 135.00 $ 1.48
Average per unitlMo. = $ 72.78 18 units
Fuel profit margin as of 7115/01 34% 15Yr $ ,430.74 $ 135.00 $ 4.26
ProfrUmo brought in by hangars $ . 24.74 20Yr $ 110.28 $ 135.00 $ 24.72
Above average income is the straight median. A number of tenants purchased less than $1,000all year.
But 14 tenants purchased in excess of $100 per month with frve purchasing nearfy $300 per month.
It is that sort of active aircraft users we need to seek as hangar tenants.
ON C I T Y / C O ~ Y
AIRPORT
HANGAR WAITING LIST
As of 8/2/01
-
6i7101 Billy 'patton ~ooney 316-83&2118 4826 ~ortwest Wlchita 1 67204 E?eMcBi-Fold (Any Available)
6/14/01 Maribeth Yamell GI72 316-650-9799 556 N. Crestway Wichita 1 67208 Slngle l - ~ a n g a r
7/17/01 Jon CmnS PA28-161 800-539-5055 Ctotte Aviation Garden City KS newer single with bifold
7120101 Brian Underhill PA%-300 6 316-517-0877 - 1820 E 45th St S Wlchita 67216 fint single open
7/23/01 Buddy Smith . Cltabrla 316-315-0051 PO Box 783158 Wlchita 67278 first single open
I
-
Date
I
Rrst Name Last Name- Type AlC Phone Address City Zlp -
Notes Preference
5/1/01 Earl Long Provost 316-943-5510 Wn-Hangar or community
1
Road
6/26/01 Ge ( Sible 815-877-3460 (2611 Woadman Rockford 61114 Twln-Hangar
7/2/01 Doug l~ackson 1 ~ ~ 4 2 1(3189424288
~ I lwichita I Twin-Hangar or community
Total Aircraft Waiting (approx):l 33 I

Newton City-CountyAirport
Phone: 316-284-6089
. .
Fax:3 16-284-6086 81.0 NO& olive; Newton, Kansas 67114-0426
..
I
. '
..
From: T.W. Anderson, Airport Manager Cc: ' Jim Heinicke, City Manager
. Re: Funding for local share of Federally funded Runway 17/35 Rehabilitation, Engineering Phde.
As reported previously to the City Commission7last year Congressman Todd Tiahrt was able to
-
'incorporate a provision within the 2001 Fiscal Year funding for the FAA under the law commonly
refefred to as AIR-21 to "place name7'Newton CitylCounty Airport to receive two specific grants 1)
to fund the acquisition of the area of land immediately North of the existing runway, and 2) to
resurface and strengthen our primary and longest runway.
The Federal Aviation Administration has agreed that the Newton CityICounty Airport:may approach
the runway rehabilitation project in.two-phases:
Phase 1.:Perform all engineering and desigri work fbr proposedmnway rehabilitation.
. '
Phase 2: Perform actual 'mway surface-demolition and rehabilitation,
% -
The FAA has indicated that fundingfbr Phase 1 is available. Total host of this phase is $107,200.
Local share of thiscost is 10% or $1.0,720.
Therefoie the ~ i f ~ iso asking

k thecity Commission fbr or ~esololutionto authbrize the City of
Newton to secure bond Gnancing for'$10,720 for Runway 17/35 Rehabilitation Engineering.
Further briefiw on airport work in the future.

Phase 2 of the project will be presented to the City Commission next January upon completion of the .
. ~ n ~ i n e ephase
& ~ when
~ more complete costing is,available. Thecurrent estimatedcost to remove
two inches of asphalt and replace.it with two inches for the 7,002 foot length .and 100 foot width .of
the runway is $<,584,372. -
It is important for the City Commissioq to know that the Airport is at odds with the FAA over the
FAA instituting a new rule for safety zones that will require us to agree to effectively shorten our
runway by 200 feet. Although the current investment in pavement will not be removed, the legal
length including the markings and lighting will allow only 4800 feet of useable runway. Airport
management is working on the FAA to try to convince them not to shorten the runway. The outcome
on this matter will not be decided until January.
. ... .
.S DEPAflJMEM OFTRANSWUTATIQN - FEDERAL AVlATlON ADhlIMSTRAliON OMB NO. 8M0184
-
PART 111 BUDGET INFORMATION CONSTRUCTION - -
SECTION A - GENERAL
. Federal Domestic Assistance Catalog No................................. 20-106
I. Functional or Other Breakout .................... .

.......................... AIP
SECTION 6 -CALCULATION OF FEDERAL GRANT
Use only for revisions

L
Total
Cost Cfassilication Latest Appmved Adjustment Amount
' Amount Required
. Administtatfon expense .. IS LOOP $ 1.000.00

!. Preliminary expense 0.00
I. Land, structures, right-of-way I I 0.00
1. Architectural engineering basic fees.' 139,OOO;OO
i. other Architectural engineering fees 0.00
5, Project inspectionfees 0.00
r. Land development t .- 0.00
%.Relocation Expenses - ' 0.00
3. Relocation payments to Individuals and Businesses
.. 0.00
C
10. Demolition and removal 0-00
11. Construction and project improvement
12 Equipment
'
13. Miscellaneous
14. Total (Lines 1through 13) 107 2-
15. Estimated Income (if applicable)
16. Net Project Amaunt (line 14 minus 15)
18. Add: Contingencies
19. Total Project Arnt. (Exdudng Rehabilitation Grants) 4/07 2-

20. Federal Share requested of Line 19 ( 4 qb 460
21. Add Rehabilitation Grants Requested (100 Percent)
1
22. Total Federal grant requested (lines 20 & 21) 1 1 4 9 VW
23. Grantee share
24. Other shares 1 !

I
25. Total Project (~ines22'23 & 24) $ I 140.000.00 1

FAA Form 5100-100 (6-73)SUPERSEDES FAA FORM 6100-1- PAGES 1M R U 7 Page 4
Newton City-County Airport
Newton, Kansas
Overlay Runway 17-35 and Safety Area Grading
Design Services
I. Direct Salary Costs
Title Hours Rate Cost
Sr. Project Manager 158 $40.00 $6,320.00

Senior Engineer 192 $37.00 $7,104.00
Electrid Engineer . 74 $3550 $2,627.00
Staff Engineer 229 $2950 $6.755.50
Senior Technician 172 $24.25 $4,171.00
Technician 147 $16.00 $2352.00
Total Direct Salary
2. Labor and Genera! Administrative Overhead
Percentage of Direct Salary Costs @
- 3.Expe~
Mileage 2800 cach 8

Hotels 2 nights @,
Mds 45 meals G?
Plotting 160 sheets @
. Printing 795 sheets @
SpccReport Production 15 each @
Shipping 48 each@
Total Expenses
4. Subtotal of Items 1-3
5. B e d Fee
6. Subcontract Costs
Survey
Pavement CoreslGeotech.
7. Total Cost far Desigo Fee(Items 4-6)

._- 1
.,
' .
n
' I=
I 3 , E?
ru
ENGINEER'S OPINION OF PROBABLE COST 8
2
m
NEWTON CITY-COUNTY AIRPORT ..
'-I
NEWTON, KANSAS . 2
-D
-rl
XI
OVERLAY RUNWAY 17-35 0
3
2
..
m
-I
FAA XI
0
ITEM ITEM ITEM DESCRIPTION UNIT . UNIT PRICE TOTAL z
0
NO. 73
-I
1 P-147-1 Mobilization 1 Lump Sum $ 50,000.00 $ 50,000.00 ?
Z
2 P-151-1 Clearing and Grubbing 1 LumpSum $ . 10,000.00 $ 10,000.00 rn
EI:
-I
3 ' P-151-2 Cold Milling < 82,011 SY $ 2.00 $ 168,022.00 z
o
4 P-151-3 Crack Repair 1,000 SY $ 40.00 $ 40,000.00 D
'5 P-151-4 Clean and Seal Cracks 49,007 LF $. 1.00 $ 49,007.00 Fm
6 P-152-1 Unclassified Excavation 48$8 CY $ 2.00 $ 96,296.00 ru
a3
P
7 P-401-1 Bituminous Surface Course 16,550 Tons $ 37.00 $ 612,350.00 m
8 P-602-1 Bituminous Tack Coat 24,270 Gal. $ , 1.25 $ 30,337.50
. ' m
P
a!
9 P-620-1 Pavement Marking 96,768 S.F. $ 1.25 $ 120,960.00
10 T-901-1 Seeding 30 Akres $ 1,000.00 $ 30,000.00
P
11 T-908-1 Mulching ' 30 Acres $ 1,000.00 $ 30,000.00
12 L-125-1 Adjust Threshold Lights 24 Each $ 100.00 $, 2,400.00
Relocate Localker Antenna 1 Lump Sum $ 125,000.00 $ 125,000.00 --I
1'3 5'
E
$ 1,364,372.50 I;
m
ru
m
e
Engineering (See Note 1) $ 135,000.00 w
co
4
m
Construction Observation (Estimated) $ 85,000.00
2
Total $ 1,584,372.50
12/12/1994

HELD ON JANUARY 19, 1994
The governing body met in regular session at the usual meeting place in the City, at 9:00A.M.,

Absent: NONE
(Other Proceedings)

Nay: NONE.
../ (Other Proceedings)
.. On motion duly made, seconded and carried, the meeting thereupon adjourned.
,'' ..*.'. ..-.-'.:
'
c City lerk

City; and
WHEREAS, K.S .A. 13-1024a (the "Existing Statute") is part of an act of the Kansas legislature
applicable to the City but is not applicableuniformly to all cities within the State of Kansas (the "State");
and
thereto; and

NEWTON, KANSAS:
charter ordinance.
or invalidity shall not affect any other provision of this charter ordinance: This charter ordinance shall
SECTION 4. Re~ealer. The City hereby repeals Charter Ordinance No. 11 of the City, to be

\
-
(Fimcpublishcd in THE NEWTONKAN-

SW, January 25 1994. SubecqucnUy pub- S T A T E O F K A N S A S . C O U N T Y OF H A R V E Y . ss
lish& thc"n on f.cbmfyI 1890
CHARTER ORDINA.V~:E NO. 36 Douglas J. Anstaett
A CHARTER O R D I N A X E EXEMPTING
THE CITY O F S E W M X KANSAS FROM ddy sworn.
heinfi firs1 ~CI>I)XPS a n d s a y s : T h n t hc i s E d i t o r X
THE PROVISIOSS O F K.&. 13-1024amD
PItOVlDlNG SljBSTITUTE AND ADDI- Publisher o f
TIOXAL PROVISIONS RELATING
THRERETO.
WHEREAS. thc City orh'ewton, Kansas
The Newfon Kansan
(Lhc%it~~).bythcpowerveskdinilbyAllr'cle a daily newspaper printed in the State of Kansas, and pub-
12, Section 5, ofthe Constitution oftho State
of Kansas and K.S.A. 12-101. may elect that lished in and of general circulation in Harvey County,
the whole or any part ofany enactmentofthe Kansas, with general paid circulation on a daily basis in
legislature applying to tlie City other than Harvey County, Kansas, and that said newspaper is not a
enactments o r statewide conoa; applicable trade, religious or fraternal publication.
uniformly to all cities and enactmenti pre-
snibinnlimitsofindebtedness.shall
to the C i t y and
. . n o t a.-~dv- Said newspaper is a daily ublished a t least weekly 50
times a year; has been so publisted continuously and uninter-
WHER~AS,K.S.A. 13-1024a (the "Exist ruptedly in said county and state for a period of more than
ing Statute") i s part.of a n act of the Kansas five years prior to the first publication of said notice: and
legislature relating to general improvements has been admitted a t the post office of Newton, Kansas
and land tYerefor,bomwing money andbond in said County as second class matter.
issues; which is applicable to t h e City b u t is
not applicable uniformly Co all cities within
the State of Kansas (the "State");'and That the attached notice is a true copy thereof and was
WHEREAS thegoverningbodyoftheCity published in the regular and entire ~ s s u eof s a ~ dnewspaper
desires, by c h a h ordinance to exempt the Two
City from the provisions 4 t h l Existing Stat. for consecutive weeks, the first publication
ute and to pmvide substitute a n d additional
thereof being made as aforesaid on the
25th
pmvisions relating theretw and . .
WHEREAS. such propbsed action is not
restricted o r limited by t h e provisions of Ar- day of January ,19& with
ticle 12. Section 5, of the Constitution of the
State ofKansas. subsequent publications being made on the following dates :
NOW THEREFORE BE I T ORDAINED FEhmary 1
BY THE ~OVERXING~ O D Y
OF THE CITY
O F h%WTON, KAKSAS:
SECTION l.Exem~tion.Thedtyishe&y
exempted from the provisions of the Existing
Statute andshall begovemedby the following
substituteand additional provisionscontained
i n this charter ordinance.
SECTION 2. Substitute Provisions. T h e
City hereby elects that the following substi,
tuteand add~tionalpmvisimsaresubstituted Subscribed and sworn to b ore me 4 & 2nd dirp of
in lieu of those provided for i n the Emsting
Statute
- -. as rollnwa
- - - - - - - - --
m r u a c 7)
"For the purpose or paying for any public
improvement includingbut notlimitad to
any bridge, Aaduct; public building, in: Notary Public.. . .. _. . .'
ciuding the land necessary therefor, for
lands far public parks and developingthe ~ommis$on expires: 10-18-96 F . .. ..
same, within orwiLhoutthedty,orfor the
improvement, repair o r extension of any Printer's Fees $ :49 - 5 O
>.
,. . .. .-.: .; .:!: :-.:,
public utility, and for the purpose orre-
... ; + .;;;=:. E:;/Q /J
same from time to time, a s the necessities
of t h e city may requi+, t h e city may bor-.
' same;.Prouided. 'That no bonds shall be

were authorized by a majority of the votes
cast i n a n election held for t h a t purpose;
Pmuidedfurther, That the c i t y mayissue
the bonds of Lhe City for ihe.purpose of
paying for said public improvements a n d
' the land necessarv therefor without such
bonds having been authorized by a vote of

iss'ued for such purposes shall not exceed
the sum of$75d,& in any one year.'.
SECTIONJ. Severability. Ifany provis~on
or section fo this charter ordinanceisdeemed
or lid unconstitutiond o r otherwise illegal
or invalid by any m u r t of competent jurisdic-
tion, such illegality or invalidity.shal1 not
afkt any other provision of this c h a k r o r d i -
nance. This charter ordinanrp shall be'mn-
strued andenforced asiCsuchillegJ orinvalid
SECTION 4. I~E&x. The City hereby
repeals Charter Ordinance No. I1 of the City,
to be eKective a s the date this charter ordi-
nance becomes erective. '
SECTION 5. Erective 1jaG. This charter

ordinance shall be published'once each week
for two consecutive weeks in the official City
newspaperand shall takeefTectsixty(60)days
a h ? the final publication; unless within 60
days of Iinal publication, a petition signed by
a number of electors ofthe c i t y equal to not
less than ten percent (10%) ofthenumber of
electors who voted a t the last precedingregu-
larcity election shall bclil&in LheoIIiceoCthe
City Clerk demanding that this charterordi-
nancebesubmitted toavoteofthee1ecto1~,in
which event this chartcrordinance shall take
erect when approved by a majority of the
electors v d i n g a t a n election held for such
. .
DUrWSe.
PASSED by the governing body of the
City, this 19th day ofJanuary, 1994.
CITY OFNEWTON. K A I S A S
01/14/1994
STATE OF KANSAS )
) ss:
COUNTY OF HARVEY )
I
(Seal)
08/24/200 1

HELD ON AUGUST 28,2001
The governing body of the City met in regular session at the usual meeting place in the City, at 7:00
p.m., the following members being present and participating, towit: Mayor S c o t t , Vice Mayor
Roberson, Commissioners Heck, Harris and Loescher
!
Absent:
(Other Proceedings)
Thereupon, there was presented a Resolution entitled:
A RESOLUTION AUTHORIZING THE IMPROVING OF THE NEWTON

CITYICOUNTY AIRPORT; AND AUTHORIZING THE ISSUANCE OF
GENERAL OBLIGATION BONDS OF THE CITY OF NEWTON, KANSAS TO
PAY SUCH COSTS.
Thereupon, Commissioner Harris moved that said Resolution be passed. The

motion was seconded by Commissioner Rob e r son . Said Resolution was duly read and
considered, and upon being put, the motion for the passage of said Resolution was carried by the vote of the
governing body, the vote being as follows:
Aye: ~ c - ~ P I
Nay:
Thereupon, the Mayor declared said Resolution duly passed and the Resolution was then duly
numbered Resolution No. G-8 18 and was signed by the Mayor and attested by the Clerk.
(Other Proceedings)
CERTIFICATE
I hereby certify that the foregoing Excerpt of Minutes is a true and correct excerpt of the
governing body of the City of Newton, Kansas, held on the date stated therein, and that
of such proceedings are on file in my office.
08/24/2001
RESOLUTION NO. G-8 I. 8

GENERAL OBLIGATION BONDS OF TRE CITY OF NEWTON, KANSAS TO
PAY SUCH COSTS.
WHEREAS, K.S.A. 13-1024a, as amended by Charter Ordinance No. 35 of the City of Newton,
Kansas (the "City") (enacted pursuant to the provisions of Section 5(c) of Article 12 of the Constitution of
the State of Kansas) and K.S.A. 12-101 (jointly the "Act"), provides that for the purpose of paying for any
public improvement, including but not limited to, any bridge, viaduct, public building, including the land
-. necessary therefore, for lands for public parks and developing the same, within or without the city, or for the
improvement, repair or extension of any public utility, and for the purpose of rebuilding, adding to or
extending to the same fiom time to time, as the necessities of the city may require, the city may borrow
money and issue its bonds for the same without an election held for that purpose; provided the total amount
of bonds issued for such purposes shall r,ot exceed the sum of $750,000 in any one year; and
WHEREAS, the governing body of the City determines it necessary to improve the Newton
City/County Airport and its facilities, a public building as described in the Act, by (i) expanding an existing
T-Hangar building, by constructing 18 additional units, at an estimated cost (including administrative costs)
of $300,000; and (ii) engineering and design work for proposed runway rehabilitation (Phase I); and runway
surface demolition and rehabilitation (Phase 2) at an estimated cost (including administrative costs) of
$2,000,000 (collectively, the "Project"); said costs to be paid 90% by the FAA and 10% by the City; and to
provide for the payment of the City's share of the costs of the Project, all as provided by the Act.
THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF

NEWTON, KANSAS:
SECTION 1. Project Authorization. It is hereby authorized, ordered and directed that the Project
be undertaken under the provisions of the Act.
SECTION 2. Bond Authorization. The City's share of the costs of the Project shall be paid by
the issuance of general obligation bonds of the City (the "Bonds") under the provisions of the Act. Said
Bonds shall be issued by the City at a later date and may be combined with any other general obligation
bonds to be issued by the City for other projects as may be determined by the governing body to be in the
best interests of the City.
to reimburse expenditures made on or after the date which is 60 days before the date of this Resolution,
pursuant to'Treasury Regulation 5 1.150-2.
SECTION 4. Effective Date. This Resolution shall take effect and be in force fiom and after its
' adoption.
FALANCE OF PAGE INTENTIONALLY LEFT BLANK]

ADOPTED by the Governing Body of the City of Newton, Kansas, on August 28,2001.
PKHL ARCH NEWTON PAGE 03/03
Newton Airport 18 unlt T-hangar addition
9/4/01 Airport rngre. estlmate Archltect's estimate

(projectedfrom 12 units
Extension . Extenslon
earthwork
ereaed building mst
Taxilane paving (saphalt)
Approach paving (asphalt)
F M
El€&d
Subtotal
General Condltlons
(band, fees 8.mobilizarion)
SUBTOTAL CONSTRUCTION COST
Archltect's Fee
ESTIMATED PROJECT COST

Gimore & Bell, P.C.
12/12/1994

The governing body met in regular session at the usual meeting place in the City, at 9:00A.M.,

Absent: NONE
(Other Proceedings)

Thereupon, Commissioner LARRY U T H E W S moved that said Charter Ordinance be passed.


.. .
Nay: NONE.
Charter Ordinance was then duly numbered Charter Ordinance No. 35 and was signed by the Mayor and

WHEREAS, the City of Newton, Kansas (the "City"),by the power vested in it by Article 12,
Section 5, of the Constitution of the State of Kansas and K.S .A. 12-101, may elect that the whole or any
City; and
and
thereto; and
Section 5 , of the Constitution of the State of Kansas.
I NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF

NEWTON, KANSAS:
charter ordinance.
ruled unconstitutionai or otherwise illegal or invalid by any court of competentjurisdiction, such illegality
be ~ 0 n ~ t and
~ eenforced
d as if such illegal or invalid provision had not been contained herein.

\
AFFIDAVIT OF W BLICATION
~~=~&~THENBWTONKAN-
Juumy24 lS94. STATEOP KANSAS. COlfNTY OF H A R V W . m
Douglss J. AnstseU
h r i n ~Iird d u b swnrn. dcl)wcs n n d says: T h a t h e is Edicnr &
P u b l i s h e r of
THRERrn.
WHEREAS tho City OWWIGII b n r u
The Newfon Kansan
(Lhe-Cit ' ~ b y h i r o p o u c r v a l o d i d' ~Atlick
1'2, SCCL&I6 or the ConsUtution cf%oSI.la a daily .newspaper printed in .the State of K m a s , and pub-
lwhed m and of general crrculatioa in &wey Coun
o r h u s arid K.S.A. 12-101, may e l s t U u l
L e w h o t e a m y p r t d a n y crucknentorthe
l&rlalura applymg Lo Uic City other than
Kensas, with general paid circulation on a daily basis
Haney County, Kansas, and that said newspaper ls not a
%
e r u a t . o r s~.~owi& eon- appl~eabte
unifamly lo d l ciUm and eructmenti pre-
trade, religious or fraternal publication.
caibinglimilcotin~neu,sh~all notapply Said newspaper is a daiIy ublished at least weekly 50
lo the City; and times a year; has been so publisted continuously and uninter-
WHEREAS KSA. 113-1024(the "Exirt ruptedly in said county and state for a period of more Ulan
ing SCaCu(a3 i i p a r t N a n act cf the ffinrsr five years pri0.r to h e first publication of said notice: and
lcgidature d a r i n g Lo general i m p m r a m n t r has Fen adnutted at the post office of Newton, KansPs
pndland tliarror, borrowingmoneyand bond
mw;which i r ep licablc to the City b u l i s m smd County as second class matter.
not applicable nni&m1y to all cities within
the s t a t e o~Ka&s (the "s.tateXand That the attached notice is true copy thepot and was
WHEREAS,thegoverningbodydtheCity published in the reylar and ent~re'issue of ssld newspaper
desires. by charkrordinance to exempt the
City from the gkvisions d t h ; ~ x i s t i n g ~ t a r - for c o n s e c u t i v e weeks, the first publication
ule and to pmvide substitute and additional 25th .
pmvisions relating t h e r e b and . . thereof being made as aforesaid on the
. WHEREAS, such action i s not
reslriaed or limited by the pmvicions or Ar- day of January ,19= witb
tide 12. Section 5, of the Constitution d t h e
State of Kansas. subsequent p u b l i c a t i o n s being m a d e on thz following dates:
NOW.THEREFORE BE IT ORDAINED FB!xuary 1
.BYTHE GOVERNING
B'ODY OFTHECITY
OF hTWDN. KANSAS:
S%XI!3&&im&m.Therityishepby
exempted Iromthe pm6sions'aCche Existing
Slatuteandshall begovernedby thebllomng
sy~tituteandadditiona1pvisi~1scbn~ain~ .
in this charterbrdinanCnCe. ' . , ..
. S.KWL?:Sub&tute Roo .
%hi
City hereby elects that the followi",~ubstil
Luteand additional provisions aresubstituted &
Subscribed and sworn to b ore me & 2nd of
in lieu oC those phovided Tor i n t h e Existing -.
Slalule, a s Collows:
"For the purpose olpayitig for any public
i m p r o v e q ~ n tincludingbut notlimited io
- any bridge, Aadu&'public building in:
eluding the land n&essary therelor' for
lands lor public parks and developin; the
Fame. within or without thecity, or forthe
~mprovenient,repair o r extension oi any
public utility, and for the purpose or re-
building, add in^ to o r extendine to the
same from.timeb time, .is the ne&siti&
o i t h e city may requirk, t h e city may bor-.
same;.Pmvided, That no bonds shall be
were authorized by a majority orthe voles
.cast i n a n eleftion .held For that purpose;
ProvLfedfuriher.That'the ~ i i my a y i s s u e
' t h e bonds of the City for ihe'purpose of
paying Cur said public improvements and
the land necessary therefor viithout such
bonds havingbeen authorized by avo&eof
isshed lor such purposes shall no:exceed
the sum ol$750,o00 i n any one year."
m - & v e r a b i l i & . Ifany provision
o r section fo this charter ordinance i s deemed
ormlr;d unmnstitutinluil o r otherwise illegal
o r invalid by any m u r t of competent jurisdic-.
tion, such illegality of invalidity.shal1 not
a a w t a n y other provision ofthis charteronli-..,
nance. This charter o l i l i n a n ~shall k ' c o n -
stmed and enforced asifsuch illegal orinvalid
SECTION 4. E~E&G The City hereby
repeals Charter Ordinnnce No. 11oithecity,
to be erective a s the date this charter ordi-
nance becomes efiective.
SECTION 5. EKective 6 a r e . ~ h i scharter
ordinance shall bc published'once each w w k
Tor two consecutive weeks in the official City
newsprperand shall LakeeNectsixly(6O)days
a f k i the Rnal publication; unless within 60
days oflinal publication, a petition signed by
a number of elecbrs of the City equal ~o not
less than ten percent (10%) or thenumber oT
electors who v a k d a t thelast preceding rrgu-
larcily election shallbelild.in theoficeolthe
City Clerk demanding that this chnrterbrdi-
nancebesubmitted toa voteollheelecbrs, in
which event this chnrwr ordinance shall take
efkct when approved by a majority of the '
clecLors voting nt an election held Tor such
purpose.
PASSED by the governing body o l the
Ciiy. lhis 19th day ofJanuary, 1994.
ClTY OF NEWTON. KANSAS
Gilrnore & Bell, P.C.
01/14/1994
STATE OF KANSAS 1
) ss:
COUNTY OF HARVEY 1
(Seal)
it$ Clerk
08/24/200 1

The governing body of the City met in regular session at the usual meeting place in the City, at 7:00
p.m., the following members being present and participating, tourit: Mayor S c o t t , V i c e Mayor
Roberson, Commissioners Heck, Harris and Loescher
Absent:
(Other Proceedings)

PAY SUCH COSTS.
Thereupon, Commissioner Harris moved that said Resolution be passed. The

motion was seconded by Commissioner Roberson . Said Resolution was duly read and
considered, and upon being put, the motion for the passage of said Resolution was carried by the vote of the
governing body, the vote being as follows:
Aye: %
w
-
Nay:
~ h e r e u ~ d the
n , Mayor declared said Resolution duly passed and the Resolution was then duly
numbered Resolution No. G-818 and was signed by the Mayor and attested by the Clerk.
**************
(Other Proceedings)
CERTIFICATE
erning body of the City of Newton, Kansas, held on the date stated therein, and that
such proceedings are on file in iny ofice.
0812412001
RESOLUTION NO. G-8 18

A RESOLUTION AUTHORIZING TEE IMPROVING O F THE NEWTON
CITYICOUNTY AIRPORT; AND AUTHORIZING THE ISSUANCE O F
PAY SUCH COSTS.
WHEREAS, K.S.A. 13-1024%as amended by Charter Ordinance No. 35 of the City of Newton,
the State of Kansas) and K.S.A. 12-101 ('jointly the "Act1'), provides that for the purpose of paying for any
necessary therefore, for lands for public parks and developing the same, within or without the city, or for the
extending to the same from time to time, as the necessities of the city may require, the city may borrow
money and issue its bonds for the same without an election held for that purpose; provided the total amount
of bonds issued for such purposes shall not exceed the sum of $750,000 in any one year; and
WHEREAS, the governing body of the City determines it necessary to improve the Newton
CityKounty Airport and its facilities, a public building as described in the Act, by (i) expanding an existing
T-Hangar building, by constructing 18 additional units, at an estimated cost (including administrative costs)
of $300,000; and (ii) engineering and design work for proposed runway rehabilitation (Phase I); and runway
surface demolition and rehabilitation (Phase 2) at an estimated cost (including administrative costs) of
$2,000,000 (collectively, the "Project"); said costs to be paid 90% by the FAA and 10% by the City; and to
provide for the payment of the City's share of the costs of the Project, all as provided by the Act.
THEREFORE, BE I T RESOLVED BY THE GOVERNING BODY OF THE CITY O F

NEWTON, KANSAS:
be undertaken under the provisions of the Act.
SECTION 2. Bond Authorization. The City's share of the costs of the Project shall be paid by
the issuance of general obligation bonds of the City (the "Bonds") under the provisions of the Act. Said
Bonds shall be issued by the City at a later date and may be combined with any other general obligation
to reimburse expenditures made on or after the date which is 60 days before the date of this Resolution,
pursuant to Treasury Regulation $1.150-2.
SECTION 4. Effective Date. This Resolution shall take effect and be in force from and after its
adoption.
[BALANCE OF PAGE INTENTIONALLY LEFT BLANK]

I ADOPTED by the Governing Body of the City of Newton, Kansas, on August 28,2001.
I
December 11,2001
The Newton City Commission convened in regular session at 7:00 p.m. on December 11,
2001 in the City Commission room at 201 East 6th Street. Attending were Mayor Scott, Vice
Mayor Roberson, and Commissioners Harris, Heck and Loescher. Also attending were City
Manager Heinicke, City Attorney Myers, City EngineerIDPW Loornis, Director of Finance/City
Clerk Ahsmuhs, Director of Community Development Johnson and Deputy Clerk Duerksen.
Pastor Jim Anderson of the lStUnited Presbyterian Church provided the invocation. The
business.
CONSENT AGENDA
1. Review minutes of November 27,2001 Commission meeting.
2. Review.financia1reports for November 2001.
3. Cancellations of 2000 bad debts.
2000 2000
Billing Cancellations
Airport $ 681,432 $ 10,626.01 1.56%
Ambulance 657,768 41,810.00 6.36%
Utility 5,091,204 13,362.45 0.26%
Misc. Receivables 940,266 0.00 0.00%
TOTALS $7,370.670 $65,798.46 0.89%
4. Approve an .Ordinance appropriating funds for 2002 and ratifying 2001

claims for payment. .
-. -
This Ordinance appropriates the amount established in each fund in the budget for the'?
- year 2002; provides for the payment of all claims and charges again& the accounts ..
provided for therein; and approves and ratifies the payment of all c&s against the
accounts for the year -2001 and is assigned No. 4396-01 and is containe~?&~olumeW of
--
Ordinances.
5. Consider applications for renewals of Cereal Malt Beverage Licenses for

General, Restricted and Limited Retailers for.2002.
Mayor Scott asked that C & S BBQ Mardi Gras be removed from the list.
NAME LOCATION TYPE

Bill's Bar 42 1 N. Main GR
Play-Mor Lanes 1105 Washington Road RR
Eastgate Lanes 1610 East 2"* Street RR
El Toro Cafe 121 West 5" RR
Acapulco Restaurant 707 N. Main RR
Dillons Store #77 1410 S. Kansas LR
Dillons Store #24 12 16 N. Main LR
2
December I,1,200 1
7 r
Falley's Food 4 Less 1801 W. I n
Hill's C Store # I 1609 East 1"
Hills C Store #2 1420 Old Main
First Stop 129 W. Broadway
Prime Time Stores of KS, Inc. #I25 100 S. Main
Prime Time Stores of KS Inc. #I26 1823 N. Main
Prime Time Stores of KS Inc., #I27 1608East 1"
Prime Time Stores of KS Inc., #32 3524 S. Duncan
Casey's General Stores, Inc. 1815 W. In
6. Consider a Resolution defining the corporate limits.
This Resolution defines the corporate limits and boundary limits of the City of Newton,
Kansas and is assigned No. G-830 and is contained in Volume D of General Resolutions.

approve the revised Consent Agenda as presented. Motion carried 5-0.
REGULAR AGENDA
Virgil Penner, Chamber of Commerce, thanked the Commission and st& for putting up
the lights on Main Street as well as the display put in Military Park.
A. Receive Pastor Bender regarding volunteered Christmas decorations.
Pastor Bender taped Commissioners comments on the 9-1 1-01 events and will place the
tape in the 2100 time capsule. He then asked that a nativity scene be placed on the City lawn.
He also reminded the Commission of the transient problem in Newton and asked that City Hall
be opened up to get them out of the chilly nights.

Town hall meetings to gain citizen input on priorities for the community have
tentatively been set for January 10, 17, 24. These meetings are joint sponsorship
between Newton, North Newton, Chamber, EDC, and USD 373.
_. -. ..--.:
_%._.
Brian Bascue is the new Recreation Director.
The 1965 Development Group has met with staff about 6btaining &Fox Theater. .-
Their primary issues are donation of the theater and elimination of a&estos. Staff is
developing an agreement with the appropriate param6ters to safeguaiaS City and be
sure the public- pkpose criteria aie met. This will return to the Commission at a
future meeting.
Staff met with USD 373 to discuss employee childcare. The school district sees this
as a major recruiting tool.
The first meeting in January will be a neighborhood meeting and will be held at Our
Lady of Guadalupe Church.
The City Engineer gave an update on the 1-135 construction. Manchester leading to
Applebee's will be open tomorrow. Broadway will be open the second week in
January and the ramps will be open late February.
There will be no second meeting in December.

J' Decembe5 11,200 1
9. Consider a Resolution for inclusion of properties located at 1312 North Main and
112 East 1 2 in
~ the
~ Neighborhood Revitalization Area.
A Resolution designating certain structures located within the City of Newton, Kansas, as
each being "dilapidated structures" under the provisions of the neighborhood revitalization act,
K.S.A. 12-17,114, et. Seq., for the purposes of eligibility under the City of Newton
Neighborhood Revitalization Program was considered.
Director of Community Development Johnson reported the City had received an

application from Mathew Warner requesting inclusion of property located at the northeast corner
of Main and 12" Street in the Neighborhood Revitalization Program since it is located outside
the designated revitalization area. The property is described as all of Lots 1 through 21 and the
West Half of Lot 22, Block 14, of RagsdaleysAddition to the City of Newton, Harvey County,
Kansas. State statutes provide for the inclusion of individual buildings in the Neighborhood
Program, but the governing body must conduct a public hearing and consider evidence regarding
the advisability of designating a building a "dilapidated structure". Staff has reviewed the
application and toured the property. The houses were found to be in a deteriorating condition by
reason of both obsolescence and inadequate maintenance and repair, and as such qualify as
dilapidated structures. .
Mayor Scott opened the public hearing 8:46 p.m. There being no persons to speak, the
Mayor closed the hearing at 8:47 p.m.

that this Resolution, assigned G-83 1, be approved as presented. Motion carried 5-.
0. (This Resolution is contained in Volume D of General Resolutions.)
10. Consider an Agreement with the Chamber of Commerce and the Historic
Preservation Commission.
Kim Manring, Historic Preservation Planner, presented the summary of 2001 activities
and the 2002 work program. The comprehensive survey will be complete this year. Upon fwther:-:--
. -.-
review of current information, it was discovered with a little updating of information on fiee'-:--
- comprehensive survey a Historic District could be established downtown. The w.&of the project .-
has now gone from $6,900 to $12,000. The State thought this was a w o A y project and
designated more money to it. %s nomination will encompass 81 buildings :@&e downtown
core area, on Main Street-f%m 2"* Street to' 8' Street. Buildings will be able to compete for
federal grant money, and utilize tax credit programs. Also a grant application has been
submitted for money for producing 3,000 copies of a historic home and monument brochure.
They will find out in March if they received the grant. The Goerz House nomination has been ..
submitted to place this structure on the National Register.
A three year agreement with annual budget review was discussed. It was also discussed
to approve the one year agreement and discuss with the Historic Preservation Commission the
possibilities of a three year agreement. This agreement can be amended as needed. City
Attorney Myers noted that the agreement should have language added to the fifth paragraph
stating, "with the funding to be provided by the City for the 2002 calendar year being
$18,350.00".
$ Decembe: 1,1,200 1
approve the agreement with the added language. Motion carried 5-0.
11 Consider the 2002 Legislative priorities.
City Manager Heinicke stated at the last meeting the Commission approved a list of
legislative position statements and directed him to develop a condensed statement of legislative
priorities to be shared with legislators. Those include to protect the Equus Beds groundwater
aquifer; continue state-local revenue sharing at current, statutorily required levels; preserve the
integrity of local government's constitutional home rule authority; continue funding commitment
to 1999 Comprehensive Transportation Program as a worthy investment in the future of our
State; and Preserve local franchise authority, and preserve local control of rights-of-way and
easements in order to protect millions in dollars in public infrastructure investment.
Commissioners felt it was very important to track the franchise legislation. Discussion
followed on how to track other legislation. Any proposed legislation can be reviewed on line.
Also REAP has a lobbyist who will keep REAP members informed on legislation effecting them.
The City shares a lot of the same interests as the region does. It was suggested to invite the
legislators to attend more Commission meetings in order to promote discussions with them. The
Chamber was also encouraged to hold more legislative breakfasts/luncheons. The City Attorney
will explore any possibility of a tracking service. Commissioners were encouraged to attend the
City Hall day at the Capitol on January 24.
MOTION: Commissioner Loescher moved to adopt the 2002 Legislative

priorities for the City. Vice Mayor Roberson seconded the motion which carried -
5-0.
12. Consider an Ordinance authorizing the execution of a Loan Agreement between the
City and the Kansas Department of Health and Environment for a loan from the
Kansas Water Pollution Control Revolving Fund to finance the extension of sewer
service to the newly annexed westside area of the City. -
-.
. ..-.-
-.-
. -
- An Ordinance authorizing the execution of a loan agreement between the City of Newton, .
Kansas, and the State of Kansas, acting by and through the Kansas ~ e ~ a r t x f i i i i Health
of and
Environment for the purpose of obtaining a loan fiom the Kansas Water E i o n Control
Revolving -Fund for the -purpose of financing a public. water .supply proj&t;'?%tablishing a
dedicated source of revenue for repayment of such land; authorizing and approving certain
documents in connection therewith; and authorizing certain other actions in connection with the
loan agreement was considered.
City Manager Heinicke announced that financing has been obtained at 3.03% annual
interest rate for the extension of sewer to the Westside subdivision.
MOTION: Commissioner Heck moved and Commissioner Loescher seconded

that this Ordinance, assigned 4397-01, be approved as presented. Motion carried
5-0. (This ordinance is contained in Volume W of Ordinances.)

-..
December !I, 200 1
13. Consider a Resolution on U.S. Congressional redistricting.
City Manager Heinicke commented the Council of Governments adopted a formal

resolution at their last meeting supporting retention of Harvey County in its entirety within the
4thU.S. Congressional District. The Council of Governments has asked that each member city
adopt the same resolution.
Mayor Scott stated he received a letter from North Newton's Administrator also asking
for a letter from Newton stating our desire for North Newton to remain in this district.
Commissioners felt that the present resolution should have the language "and that Harvey
County, as a unit should remain within the 4thCongressional District" added.

adopt Resolution G-832 supporting Harvey County remaining in the 4fi
Congressional District with the noted language changes. Motion carried 5-0.
(This Resolution is contained in volume D of General Resolutions.).
14. Consider renewal of contract with the Caring Hands Humane Society
City Manager Heinicke commented the City budgeted funds to continue its contract with
the Caring Hands Humane Society. They have proposed an agreement and an addendum
prepared by the City Attorney has been added to it. The rate the City currently pays for boarding
and euthanization is reasonable. Staff would like to develop a new contract over the next six
months which would provide some incentive to the society to collect fiom private parties that
bring in animals. The City is being billed for the animals brought in by citizens who simply
choose not to pay. Staff would also like to visit with the society about operating animal control
activities. Both parties could still enter into the agreement with the understanding that the City
would like to review the concerns expressed.
Elaine Tibbets, president of the Caring Hands Humane Society Board, commented the
proposed contract changes that were received were more substantial then they understood them
to be. She expressed the Boards concerns with the short amount of time they had to consider the.-.-
contract with the changes. They are also concerned about the added requirements for keeping'-"
additional records which will put more workload on their staff and reduce the-amwt of t b e for .- '
fundraising activities. She noted that fees have not been increased .since 3397. With the
additional duties they are being' asked to do they would need to reconside?&e fees being
charged. nothe her conce&kxpressed was that the Animal Control Officer is not assigned to
work animal control Illtime, because she has to fill in for other positions which leaves the
public doing the ACO function. She then informed the Commission they are doing web-based
adoption and work with 20 different rescue organizations. They have approximately 16 ..
different fundraising events. People come fiom outside the County to adopt animals fiom the
Society since they have such a good reputation. She encouraged the Commission to come tour
the shelter and see what all is done.
Commissioners felt it was important to have a work session on this issue to find out what
it takes to reach an acceptable agreement. They also felt the society was important and provided
a valuable service.

g Decembe: I), 2001
15. Receive bids and award contract for streets in Stratford Place Addition, Phase V.
Bidder Bid Amount Bid Bond

Ferguson Paving $ 149,693.00 Yes
Ritchie Paving, Inc. $215,006.25 Yes
Vogts Construction Co. $ 133,549.50 Yes
APAC Kansas, Inc. $ l54,43 1.65 Yes
Dondlinger & Sons $ 134,683.00 Yes
Kansas Paving $ 148,194.00 Yes
Major, Inc. $ 153,014.00 Yes
New Century Contractors $ 174,112.48 Yes
Preferred Builders, Inc. $ 139,832.00 Yes
Engineer's Estimate $171,763.00
City EngineerDPW Loomis recommended that the bids be awarded to the low bidder
Vogts Construction. She commented the add alternate would not be included in the total bid.
MOTION: Commissioner Loescher moved and Vice Mayor Roberson seconded

to accept the bids and award the contract to Vogts Construction in the amount of
$133,549.50. Motion carried 5-0.
16. View recycling public service announcements.
The new recycling public service announcements were viewed. There will be 376 spots
run in December. Staff is developing four more to run in January.
17. Old Business.
A. Consider an Ordinance amending the definition of recyclable material. - -.=---

-
- An Ordinance designating certain materials as being recyclables for p w p w s of the solid
waste collection requirements of Chapter XVIII of the Code of the City of on, Kansas, as
amended by Ordinance No. 4322-99; establishing requirements for the pri@$@ion of such
material for collection by-the Sanitation Division of the City; and repealing Ordinance 4323-99
was considered.

that this Ordinance, assigned 4398-0 1, be approved as presented. Motion carried
5-0. (This Ordinance is contained in Volume W of Ordinances.)
B. Consider a Resolution amending prior Resolution No. 6-818, which authorized

the Airport T-Hangar expansion project, to reconfirm the advisability of the
project under the final engineer's estimate.

.' Decembe; 11,2001
A Resolution amending prior Resolution No. G-8 18 of the City of Newton, Kansas, in
relation to improvements to the Newton CityICounty Airport and the authorization of General
Obligation Bonds to pay such costs was considered.
Airport Manager Anderson reported that the T- hangar bids came in under the engineer's
estimate, but were over the amount set in the original Resolution. In order to proceed with the
project, the Commission must reauthorize the project at the higher amount. The bids ($345,369)
do not include the taxi lane. The taxi lane will be paid for using the operating budget. The goal
is to cash flow the project from within the internal structure. The anticipated positive cash flow
is a $1.17 per month for the hangars.
MOTION: Commissioner Heck moved and Commissioner Harris seconded that

Commissioner Heck reported the KMIT trustees met and the new trustees have taken
their place on the Board. He also commented the City has a favorable rate this year.
City Manager Heinicke reported the City's work comp history rating is going to .75. Last
year it was 35.
Director of FinanceICity Clerk Ahsmuhs reported that Harvey County has agreed to pay
50% of the cost for the recycling advertising.
City EngineerIDPW Loornis informed the Commission the Lazy Creek Addition streets
that were paved before the annexation took place, have had failure along the edge of the
pavement. The County will be responsible for the repairs to those streets. The contractor will-be
crack sealing and the County is going to regrade the ditches and build up the shoulders with
asphalt millings.
Director of Community Development Johnson commented the Planning Commission

held a public hearing for zoning districts for the westside subdivisions. The proposed zoning -
classifications were accepted by the Planning Commission and will be forwarded to the city?
- Commission for consideration at the January meeting. --
- --...
.-
e.
City Attorney Myers reported he has been working with the washingt4&c firm on the
MSA issue to finalize the-formal statement for the O m . Things are going weli G t h this. He
also commented the settlement approved by the Commission at the last meeting has now been
approved by the Bankruptcy Court Judge.
Commissioner Harris reported on his trip to National League of Cities. He received an

award fiom the Leadership Training Institute and is one of only 17 in the nation who has
completed this level of training. He also reported he took part in an airfares strategy press
conference. Dave Wood has come up with the idea of using a "credit card" as a debt mitigation
instrument. A new fair fares card has been printed which will work like a credit card.
Companies can pledge to use a certain amount of money and the portion that doesn't get used
will be charged to the account and vouchers will be given thereby not tying up existing capital.

2 December 11,2001
,k
Mayor Scott reported on the City staff that had recently encountered serious health
problems. Both are doing much better.
18. New Business.
Mayor Scott encouraged City staff and citizens to complete the survey printed in the
"Kansan" from State elected officials.
19. Adjournment.
adjourned at 855 p.m.

d
-.'.
December 11,200 1
. .
2
RESOLUTION NO. - c 3~
(:-
:
A RESOLUTION AMENDING PRIOR RESOLUTION NO. G-818 OF THE

CITY OF NEWTON, KANSAS, IN RELATION TO IMPROVEMENTS TO
THE NEWTON CITYICOUNTY AIRPORT AND THlE AUTHORIZATION
OF GENERAL OBLIGATION BONDS TO PAY SUCH COSTS.
I
WEIIERIEAS, the governing body of the City of Newton, Kansas, previously adopted
Resolution No. G-818 which included a determination of the advisability of and an authorization
for an improvement to the Newton City/County Airport and its facilities through the expansion -
of an existing T-Hangar building by constructing 18 additional units at an estimated cost -
(including administrative costs) of $;OO,OOO, and which included an authorization of the
payment of the City's share of such costs through the issuance of general obligation bonds of the
City; and
WHEREAS, the said estimated cost of such project was based upon preliminary .
estimates made prior to the
. .
completion of a. formal
.
engineer's estimatefor the project; and .
'WHIEIREBS, the formal engineer's estimate has since been completed, estimating total
..
project cost (includigg admmtrative costs) of $4O6,63 1.75; and
WBE1REAS,-the governing body of the City of Newton, Kansas, has reviewed the
ikalized engineer's estimate, has determined that the totd of projects authorized to be financed
by generd obligation bonds for the year of issuance does not exceed the annual limitation
imposed by Charter OrdinanceNo. 35 of the City, and has determined that it continues to be
-
advisable to proceed with the project based upon that estimate and to reaffirm its a u t h o ~ o of
n
the ~rojict; .
NOW,TIEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF TEE

CITY OF NF,WTON, KANSAS:
SECTION I. Previously adopted Resolution No. G-8 18 is hereby amended to

incorporate the final engineer's estimate for the project of the expansion of an existing T-Hangar
building at the Newton City/County Airport by constructing 18 additional units at an estimated
cost (icludir~gadnairai$zative costs) of $397,88 1.75.
-
SECTION 2. Said Resolution No. G-8 18 shall in all other respects remain in Ml force
and effect, incIuding its authorization of the project, its authorization of the issuance of general
obligation bonds of the City for the payment thereof, and its authorization for the bonds so issued
to reimburse expenditures on or after the date which is 60 days before the date of said Resolution
No. G-8 18 pursuant to Treasury Regulation 9 1.150-2.
SECTION 3- This Resolution shall take effect and be in force fiom and after its
adoption.
(EhUANCE OF PAGE INTENTIONaLLY LEFT BLANK]

PASSED AND ADOPTED by the governing body of thecity of Newton, Kansas, on
this 11th day of December, 200 1.
Mavor '" ;
ENGINEER'S ESTIMATE FOR SKYTILE PROJECT
Project No. 02PA000008-130

L
Bid items Unit cost Units Measure Wrensions Subtotals

Earthwork:
18" diameter culvert $ 35.00 40 If $ 1,400.00
6" concrete parking lot $ 23.00 950 sq. yd. $ 21,850.00
Earthwork $ 9.00 300 cu. Yd. $ 2,700.00
6" rock sub-base $ 8.00 950 vards $ 7.600.00
I I
Iconcrete:
I I I
I
Foundation $ 500.00 17 cu. Yds. $ 8,500.00
Wall w/ form liner $ 740.00 34 cu. Yds. $ 25,160.00
Concrete Slab $ 3.00 200 sq.ft. $ 600.00
$ 34,260.00
Electrical:
Light fixture S1 wlbase (2' x 2') $ 800.00 8 ea. $ 6,400.00
Light fixtures R1 & R2 $ 650.00 - 24 ea. $ 15,600.00
Branch Wire & Conduit $ 3.75 640 If $ 2,400.00
Service Enclosure $ 8,500.00 1 ea. $ 8,500.00
Westar Extension costs $ 5,817.37 1 ea. $ 5,817.37
Primary Conduit 2 PVC (for Westar line) $ 3.50 600 If $ 2,100.00
$ 40,817.37
Landscaping:
Keystone block wall -$ 28.00 212 sq. ft. $ 5,936.00
Plaza slab & stairs $ 8.00 704 sq. ft. $ 5,632.00
Site restoration $ 5,500.00 1 ea. $ - 5,500.00
$ 17,068.00
I I
Construction & Materials Subtotal 1 $ 125,695.37
Contingency 12% Confidential $ 15,083.44
Engineering Inspection I Confidential 1$ 19,300.00

II I
I
I
I
I
I
I
I
Desian/Sun/ev/Publication I I Confidential 1 $ 10.695.00
I PROJECT TOTAL I I I I 1 $ 170,773.81 1

Add Alternate Options:
Limestone Wall instead o f Keystone $
Fill Material to elevate structure $
Gimore & Bell, P.C.
12/12/1994


BEVERCY J. GERING and LARRY MATHEWS
Absent: NONE
(Other Proceedings)
Thereupon, there was presented an Ordinance entitIed:

Thereupon, Commissioner LARRY MTHEWS moved that said Charter Ordinance be passed.
Aye: JANTZ, DAY, ANDERSON, GEl2ING and MATHEWS.

.' .
Nay: NONE.
.. . motion duly made, seconded and carried, the meeting thereupon adjourned.
*... ..On
..,'
.' ,.
'XV;~''.
,c '
, . *'
Ex,....$1
;;y. : ! $s
t
-p ,.,
. ., ~P.a;,8 1 :.
- ...,.. --.;..' .:* -
(Published in The Newton K a n s on
~ January 25, 1994 and February 1, 1994.)
FROM THE PROVISIONSOF K.S.A. 13-1024a AND PROVIDING SUBSTITUTE
WHEREAS,the City of Newton, Kansas (the "City"), by the power vested in it by Article 12,
City; and
and
thereto; and
Section 5 , of the Constitution of the State of Kansas.

NEWTON, KANSAS:
charter ordinance.
SECTION 2. Substitute Provisions: The City hereby elects that the following substitute and
SECTION 2.. -S If any provision or section of this charter ordinance is deemed or
ruled unconstitutional or otherwise illegsl or invalid by any court of competent jurisdiction, such illegality
SECTION 4. Rewater. The City hereby repeals Charter Ordinance No. 11 of the City, to be
SECTION 5. Effective Date. This charter ordinanceshall be published once each week for two
City equal to not less than ten percent (10%)of the number of electors who voted at the last preceding

\
The Newton Kansan
a daily newspaper printed In the State d Kpnslls, md pub-
Ushed in and of general chulation in H.rray Conn
I(nnsu, with general paid cfmIsUon on r daily b e s t
Harvey C m t y , Kansas, an& that mid newspaper L not a
%
trade,religious or fraternal publiutlon.
Said newspaper is s dail ubllshed at least weekly 50
times r year; has been so pubLRed eontlnuously and uninter-
ruptedly la said county and state for s period of more than
five ears prior to the first pubhation of eafd notice: and
has Len admitted at the poet office 02 Newton, K m u ~
in said County as second class matter.
That the attached notice is a true copy thempot
and ww
published in the regular and enttre lssue of m d newspaper
for TWO consecutive weeks, the first pubIicatfon
thereof being made as aforesaid on the
25th -
day of January ,1 9 z with
subsequent publications being made on thz following dates:
NOW THEREFORE BE ITORDNNED
BY THE ~VERNINCI~ODYOPTHECITY FE3yuary 1
O F h'EWTON, KANSAS:
S E ~ W . k ~ . T h e ai sihneby
y
exempted fmm IheProvisions'dthe Rn'rtinw
i n this charteiordinak . . , .
-:Substitute Row-wns
. .he 2nd
city hereby ht-esolwnig?
tuteandaddilional provisionsaresubstituced. Subscribed and sworn to b ore me & day of
i n licu or those pmvided Cor i n the Existine :
Statute, a s rollOWs: . . -
"For the purpose ~ [ p a y i n gTor any p u b s ~
improvement. including but not limited io,
any bridge, viaduct, public buildine. in-
cluding the land n e c & ~ r yiherero;; Tor
10-18-96 * . ...
lands Tor public parks and developing the
same, within or without thecity, or for'the
MY ?omrnisGon expires:
..
impmvemenl, repair o r extension of any Printer's Fees $ :49-50 ,. . :... I ., .:..:..
..-..,.
public utility, and for the purpose of re-
building, adding to o r extending ta the
.. ,.; i.;;+r:r. 42 $
z;. .-.
same Cium time to time i s the necessitiis
aCthe city may m-,uil;e: t h e city may boi-.
mw money and issue its bonds for the
' ssme;.Pmvided, That no bonds shall be
issued for such purposesunless the same

wereauthorized by a majority of the voteh
cast in'an electionbeld for that purpose;
. Provided furthei,~hat'theCilymayi~sue
' t h e bands of the City Tm ihe.porpose of
paying Tor said public improvements and
the land n e s s a r y therefor without such
bonds havingbeen authorized by a v o e of
the people but the lotal amouitorboids
iss'ued Cor buch psrposes shall not exceed
the sum oC$750.000 in any one year:'
SECTIOU-Severabilit~.Kany provision
o r section To this charter ordinanceis deemed
orru1i-d unconstilutioncil o r otherwise illegal
o r invalid by any murt olwmpetent jqisdic-.
tion, such illegality cii invalidity.shall not
aKect any other pmvision olthis charterordi-.
nance. This charter ordinance shall be con-
s t & d andenTorcedasifsuch iileeal orinvalid
provision had nor been conbinki herein.
ZECTION .4.&&I The City hereby
repeals Charter Onlinnnce No. 1I oCrhe Citv
to be erective a s the date this charter ordi:
nancc becomes elkclive.
SFC2ION 5. Efrective b a l e . ~ h i scharter
ordinance shall be published'once each w w k
Tor two consecutive weeks in the officinl City
newspaperandshall takeeKectsixty(6O)days
a h < Lhc final publication; u n l s s within 60
days orlinal publication, a pelition signed by
n number of electors or the City q u a 1 to not
less than ten percent (10%) ol the.number or
electors who voted a t the la61 preceding rry.
lnrcily elmlion shnllbclil&.in theolliceorrhe
C ~ t yClerk d c w n d i n e that this charter ordi.
nance be submitted to-a votcotlhe electors in
which event this charierorrlinanceshall d k e
erect when approved by a majority or the
clecrors v a i n g n l an elcction held [or such
purpase.
PASSED by the governing' body oT the
City. this 19Lh day oCJanu~ry,1994.
CITY OF N E W M N . KANSAS
01/14/1994
STATE OF KANSAS )
) ss:
COUNTY OF HARVEY 1
(Seal)
it$ Clerk
May 28,2002
at St. Luke's Presbyterian Church, 808 East 6". Attending were Mayor Roberson, Vice Mayor
Heck, and Commissioners Harris, Loescher and Scott. Also attending were City Manager
Heinicke, City EngineerJDPW Loomis, Director of FinanceICity Clerk Ahsmuhs, Community
Development Director Johnson, and Deputy Clerk Duerksen.
Christine Edwards, KS Christian Home provided the invocation. The Mayor then led in
the Pledge of Allegiance to the US Flag and presided over the items of business.
CONSENT AGENDA
1 Review minutes of May 14,2002 Commission meeting.
2. Receive Financial Reports for April 2002.
MOTION: Commissioner Scott moved and Commissioner Loescher seconded to

approve the consent agenda as presented. Motion carried 5-0.
REGULAR AGENDA
3.- Citizen's Forum of items presented or requested by the public:
A. Receive a proclamation declaring the month of June as Business Appreciation
Month, sponsored by the Chamber of Commerce.
Jeri Brown representing the Chamber Business Council read the proclamation declaring
the month of June as Business Appreciation Month.
. -
MOTION: Commissioner Harris moved and Vice Mayor Heck seconded to 2 -

-._.
- approve the proclamation. Motion carried 5-0. . --.

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B. Receive a proclamation declaring the month of May as Foster Ca?'Q$onth.

approve the proclamation declaring the month of May as Foster Care Month.
I Motion carried 5-0.
~ A revised copy of the work session schedule will be distributed to Commissioners.

. The EDC held their annual planning retreat. Four main issues were discussed: 1) capitalize
on proximity to Wichita, 2) housing: development of amenities to attract more housing and
growth, 3) employment enhancement: focusing on higher paying jobs and investigate a
business incubator; 4) quality of life enhancements: recreation parks, golf course, etc.

f May 28,20!2
A meeting has been scheduled with the school on June 20 at 5:00 at Mckinley to discuss
Fischer Field.
The electric service project is underway. A detailed energy audit will begin next week. The
initial focus will include the Library and Rec Center which have original inefficient systems.
A joint meeting was held with the Chamber, EDC and the City to talk about a potential Main
Street program in Newton. The difference of a Main Street approach would be to have a
focus, a comprehensive approach, professional input and expertise, and a support system and
network of the Main Street organizations both state wide and nationally.
Two of the community forum priorities were recreation and to fix what we have. In
recognition of those two priorities, the Park Department has been reorganized into a separate
department. The Commission will be asked to recognize this same level of priority at budget
time so the maintenance programs can be funded.
WWD 17 has met and voted to keep the same water price for member cities.
A Harvey County citizens survey was provided in the packet for Commission review.
Newton comments mostly centered on recreation.
The annual recycling meeting was conducted per contract between the City and the County.
The price for recycling will remain the same for next year and there will be no changes in
residential service for 2003.
Mayor Roberson reported that the Rec Commission and City held a work session the
before meeting. The City had asked that the Rec Commission come up with a number of options
to respond to concerns in the community about recreational needs. They came up with a three-
four year plan and prioritized some of the things they saw the need to move forward on.
5. 7:00 p.m. Conduct a public hearing on an application for a Certificate ,of

Convenience for the issuance of a taxicab service license to Jim Elmore and
consider adopting a resolution granting a Certificate of Convenience.
Jim Elmore stated he was in the process of purchasing the taxicab service fiom Mavis
Sack. Mr. Elrnore currently owns a &i service in Wichita. His plan is to keep things the same. -
and continue to have Mavis run this business. - --
-
Mayor Roberson opened the public hearing at 7:25 p.m. There being.n&'&e
- wishing to
speak on the matter, the Mayor closed the public hearing at 7:26 p.m.
A Resolution granting a certificate of convenience and authorizing the issuance of a

license for the operation of a taxi service in the City of Newton, Kansas was considered.
MOTION: Commissioner Harris moved that this Resolution, assigned G-841, be

approved as presented. Commissioner Loescher seconded the motion which
carried 5-0. (This Resolution is contained in Volume E of General Resolutions.)
6. Consider the following actions in relation to possible licensing requirements and

restrictions as to sexually oriented businesses:

y May 28,20$2,
A. Consider an Ordinance requiring a license for the conduct of a sexually oriented
business in the City, and imposing a six-month moratorium on the issuance of
any such licenses pending the study and development of licensing requirements,
restrictions and regulations.
An Ordinance requiring a license for the operation of a sexually oriented business in the
City of Newton, Kansas, and prohibiting the operation of such a business without a license;
imposing a moratorium on the issuance of any such license pending the completion of a study
and the development of licensure and operational regulations and requirements; and providing
for the issuance of a temporary permit for the continued operation of an existing sexually
oriented business was considered.
MOTION: Commissioner Harris moved and Vice Mayor Heck seconded that
this Ordinance, assigned 441 1-02, be approved as presented. Motion carried 5-0.
(This Ordinance is contained in Volume W of Ordinances.)
B. Consider the appointment of a task force to study and make recommendations

regarding .licensing requirements, restrictions and regulations of sexually
oriented businesses, and the adoption of a mission statement and charge for the
task force.
Mayor Roberson submitted the names of Jim Daily, Mark Isaac, Ron Lang, Pat Wimmer,
Randy Withrow, Jerri Pouch and Kim Manring for task force members. Their mission will be to
develop and make recommendations to the City Commission regarding the appropriate, legally
defensible regulation of sexually oriented businesses. They will need to make their report to the
Commission regarding adequate regulations by September 24,2002.
MOTION: Vice Mayor Heck moved to accept the mission outlined for the task
force members submitted by the Mayor. Commissioner Loescher seconded
motion which carried -5-0.
-
-
7. Receive new proposal for the Sky Tile Project.
-- - - -a-
City EngineerDPW Loomis presented a proposal, as requested by the -c3gmission, to
move the Sky Tile project to the City property just south of the sledding hill. r e 1 boring was
done to check for trash d n o n e was found. Staff has negotiated with the contractor, King
Construction. They felt they couldn't do the work for less than $129,689.00. The new location
has been discussed with the artist and he agreed to the site. He has asked that the City look at
constructing a limestone wall instead of the keystone block retaining wall and that the structure
would be elevated about five feet higher. With these additions the approximate cost of the
project is $162,124.01, plus Engineering inspection, design/survey/publicationand contingency
costs.
Phil Epp, artist, commented the added elevation would set off the artwork as it was
intended to be, but noted that if it would prolong the project he would be willing to compromise

.? May 28,20102
on that. He was pleased with the new location. He also noted that the limestone wall would
I provide better coloration for the overall project than the brick.
1
Commissioners felt it was important to do this project right the first time and supported
increasing the elevation which would also make the artwork visible fiom other locations. The
Decor Committee recommended the new site and encouraged the Commission to go as high as
their budget would allow.
MOTION: Vice Mayor Heck moved to accept the proposal presented with the
addition of the add alternates of a limestone wall and raising the elevation of the
structure five feet at a cost of $162,124.01 plus the additional fees.
Commissioner Loescher seconded the motion which carried 5-0.
MOTION: Commissioner Scott moved and Commissioner Harris seconded that

this resolution authorizing the funding of the Sky Tile Project at a cost not to
exceed $212,000 be approved with the City Attorney to finalize the text of the
resolution. This Resolution, assigned number 1-976, is contained in Volume C of
8. Consider an ordinance changing the electric utility franchise fee from 3.5% to 5%
of gross revenues derived by the electric utility for operations of the City.
City Manager Heinicke reviewed the current franchise fees being paid by the utilities. At
thk present time the electric utility is only 3.5%. The increase in the fianchise fee would be
passed along to customers. Funds raised fiom this source would be funds not having to be raised
fiom property taxes. Virtually everyone .will share the burden of the fianchise fee unlike property
taxes. Raising this fee was talked about during the budget time last year, but it was decided to
wait until the Legislature passed the new franchise bill this year. This new bill allows the City to
pass an Ordinance, publish it and be ready to go. However, Westar Energy will be operating
until July lStunder the old statute -which requires three readings of the Ordinance at the
Commission meeting, then a 60 day publication notice time before adopting an Ordinance. The,
City Attorney and westar Energy advise that it would be faster to postpone the Ordinance until.:''
I -
the July meeting. -. - -+-.;=. + -
- .
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MOTION: Commissioner Harris moved and ~ogmissionerLoescher Twnded
to table adoption of &s Ordinance until the July 9 Commission meeting. Motion
carried 5-0.
9. Consider alternatives for Windward Drive.
Based upon citizen input at the last meeting, the Commission directed staff to develop
costs alternatives for paving Windward Drive. The extension would be fiom the Turkey Red
Addition along the south side of Walmart and connecting to Kansas Avenue. It would be 31'
i back-to-back curb and gutter facility with a turn lane on Kansas Avenue, but no signalization at
that place. Estimated costs would be $290,000 for the improvement. The City at large cost
would be $97,000 which would include drainage improvements as well as intersection

a May 28,2001
improvements. The benefit district would be responsible for $193,000 and would be assessed on
a square footage, per lot or a frontage basis. Roland Claassen and Wal-Mart are the primary
owners of the property in the benefit district.
City Manager Heinicke noted that he had visited with Roland Claassen regarding this
improvement. He does not oppose the project but feels the amount assessed to the benefit
district should be reduced and the City or State should pick up more of the costs. The
improvement can be put into process, but if 51% of the owners object the project could be
stopped. Consensus of the Commission was to move forward with the petition process.
10. Review Attraction Directional Signage Proposal.
City EngineerDPW Losmis presented possible attraction directional signs for the City.
She has been working with the CVB Board on this project. They came up with the idea to tie the
signage to the Sky Tile theme. There would be an overall header sign with directions to an
attraction and smaller cloud signs would be installed underneath. The material for the signs
would be made from scotch print which would then be applied to an aluminum sign. The
material used for the signs has a 10 year warranty. The cost of the signs would be approximately
$370 per sign. She also showed an example of signs for identifying the parks. She suggested
going to the different attractions to ask if they would be willing to help pay for the signage.
Commissioners felt this was good use of the CVB money and to proceed with the project.
11. Old Business.
City EngineerDPW Loomis noted that a strip map has been developed for the Broadway
reconstruction project. A mailer and a public meeting will be held with the adjacent property
owners.
12. New Business.

Mayor Roberson reported that she and Commissioner Scott helped out with a class for -
more experienced officers at the Kansas Law Enforcement Training Center. She felt this wasz .
another good example of how different entities can work together and get things
. -accomplished.
-- -*
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.-
-. _
13. Adjournment. +- --
.-
ATTEST:

Y May 28,2QO2
05/30/2002
RESOLUTION NO.1-976
A RESOLUTION AUTHORIZING THE IMPROVING OF TI3E NEWTON
PUBLIC PARK SYSTEM;AND AUTHORI[WNG THE ISSUANCE OF GENERAL
OBLIGATION BONDS OF THE CITY OF LWWTON,KANSAS, TO PAY SUCH
COSTS.
WHEREAS, K.S.A. 13-1024a, as amended by Charter Ordinance No. 35 of the City of Newton,
the State of Kansas)and K.S.A. 12-101 (jointly the "Act"), provides that for the purpose of paying for any
necessary therefore, for lands for public parks and developing the same, within or without the city, or for the
extending to the same fim time to time, as the necessities of the city may require, the city may borrow
money and issue its bonds for the same without an election held for that pupose; provided the total amount
of bonds issued for such purposes shallnot exceed the sum of $750,000 in any one year; and
WHEREAS, the governing body of the City determines it advisable to improve and develop the
Newton public park system and its facilities, by constructing a public art project on City-owned property
adjacent to Centennial Park, consisting of a concrete wall and spread footing with associated landscaping,
lighting, concrete parking and other related improvements (the "Project"); and to provide for the payment
of the City's share of the costs of the Project, all as provided by the Act; and
'WHEREAS,the ~irectorof Public Works bf the City has provided to the governing body plans
and specifications and estimates regarding the probable.cost of the'Project. .
TEEREFORE, BE l[T RESOLVED BY T83E GOVERNING BODY OF TEE CITY OF

NEWTON,KANSAS:
be undertaken in accordance with the plans and specifications of the Director of Public Works at an
estimated cost of $212,000.
SECTION 2. Bond Authorization. The costs of the Project shall be paid, in whole or in part, by
the issuance of general obligation bonds of the City (the "Bonds") under'the provisions of the Act. Said
Bonds shall be issued by the City at a later date and may be combined with any other general-obligation
SECTION 3. Reimbursement. The Bonds authorized pursuant to this Resolution are authorized -
to reimburse expenditures made on or after the date which is 60 days before the date of this Resolution, =
SECFI[ON4. Effective Date. This Resolution shall take effect and be in force f?om and after its
adoption
(BALANCE OF PAGE lNIEN3ONAUY LEFT BLANK]
JLMW0046030W'ROJAWH
ADOPTlED by the Governing Body of the City of Newton, Kansas; on May 28,2002.
J@+;. &Q&
(Seal)
ATTEST:
. : - . : Mayor
MEMO Deparimetzt of Public Works City of Newton
DATE: April 15, 2002
TO: Jim Heinicke, City Manager
FROM: Suzanne Loomis, Director Public WorksICity Engineer
SUBJECT: Roof Repairs to City Owned Buildings
For quite sometime now the Newton Public Library and the Newton Recreation Center have had problems
with roof leaks at their facilities. Each time it rains, these structures leak to the point that countless
buckets are required inside to catch the infiltrating rainwater. This is especially troublesome at the library
as the moisture can damage extensive amounts of literature housed within the structure. Also, the
following our last snow event this winter during the snow melt process, the Recreation Center was forced
to close off several courts due to the water seeping into the building. These roof systems both constructed
within similar time frames have served their useful life and need replacement.
Engineering staff has worked with local roofing contractors to develop specifications for reconstructing
the roof systems of these two structures. Below you will find a brief explanation of the proposed project.
Library Reroof
The work to be perfbrmed is installation of a modified asphalt roofing system on the new addition (east
end) of the library (Bessimer Addition). The existing roof materials and insulation will be removed to the
roof deck. Insulation will be adhered to the deck in hot asphalt. Then high-density fiberboard insulation
will be added. And the last layer will be an asphalt roof system with one-ply of TAMKO fiberglass base-
sheet and Awaplan 170 FR modified membrane. And all roof vents and flues will be addressed as per
specifications.
The estimated cost for this work is $16,000.
Recreation Center Reroof

The work to be performed is iptallation of an asphalt roof system over the entire structure. Existing roof
materials will be removed down to the deck. The deck then will be primed with asphalt primer or a vapor
barrier depending on the actual decking material. Insulation will be adhered using asphalt. Then a
TAMKO fiberglass base-sheet adhered to high-density fiberboard will be placed using asphalt. Fiberglass .
felt will then be applied with asphalt bitumen. Base flashings at walls and curbs will be applied with
TAMKO Awaplan 170. And last a flood coat of asphalt bitumen with embedded roofing gravel will be
added. All will be done according to specifications including attention to vents and flues.
The estimated cost of this work is $115,000.
The City agreements with these two facilities state that we will maintain the exterior and structural
portions of the buildings. Therefore, this item needs to be approved by the City Commission prior to
awarding bids for these improvements.
-
Staff is suggesting a bid opening on Monday, May 13"' at 10:OO
a.m. for the work described.
April 23,2002
Mayor Scott convened the special meeting to order at 5:00 p.m. stating it was time to
conduct the performance appraisals of the City Manager and of the City Attorney.
MOTION: Commissioner Loescher moved and Comrnissioner Heck seconded

that the Commission recess to executive session to discuss personnel matters for
one and one half hours. Motion carried 5-0.
The Commission recessed to the executive session at 5:00 p.m. The Commission
reconvened at 6:30 p.m. Mayor Scott announced no decisions were made and no action was
taken.
MOTION: Commissioner Loescher moved and Comrnissioner Harris seconded

to recess to executive session to continue discussion of personnel matters for 25
minutes. Motion carried 5-0.

recess into executive session to continue discussion of personnel matters for 15
at 7: 10 p.m. Mayor Scott announced no decisions were made and no action was taken.
The Newton City Commission convened in regular session at 7: 10 p.m. on April 23,2002
in the City Commission room at 201 East 6' Street. Attending were Mayor Scott, Vice Mayor
Roberson and Commissioners Harris, Heck and Loescher. Also attending were City Manager .-
Heinicke, City Attorney Myers, City EngineerIDPW Loomis, Director of FinanceKity. Clerk--
Ahsmuhs, Director of Community Development Johnson and Deputy Clerk Duerben. -
:
-..-
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Pastor Mike Keating of the First United Methodist Church.provided theUT~ocation.The
Mayor then led in the Hedge of Allegiance to the US Flag and presided over the items of
business.
1. Review minutes of April 3,2002 Commission meeting.

to approve the minutes of the April 3 Commission meeting as presented. Motion
carried 5-0.
2. . Annual Reorganization of the City Commission.
A. State of the City report.

April 23,20?2
Mayor Scott gave a state of the City report. Some of the highlights included a series of
community forums to gain more input and make City govenunent more open and accessible to
citizens, annexation of Royer West, Lazy Creek, Hidden Meadows and Moorlands, 10 new plats
processed and 13 zoning cases enabling new development of commercial and residential areas,
working with the 1965 Development Group to create a private sector plan for the rehabilitation
of the Fox Theater, enabling catalogs, phone books and magazines to be collected as recyclables,
first full year of operation of WWD No. 17, continued intergovernmental cooperation and
receiving a class 3 fire insurance rating.
B. Consider selection of the Mayor for the ensuing year. CP
MOTION: Mayor Scott moved and Commissioner Loescher seconded to nominate

Marge Roberson as Mayor for the ensuring year. Motion carried 5-0.
C. Consider selection of the Vice Mayor for the ensuing year.

to nominate Willis Heck as Vice Mayor for the ensuing year. Motion carried 5-0.
3. Employee Recognition and presentation of CAFR award.
Mayor Roberson presented Grant Scott with a clock commemorating his year as mayor
for 2001-2002.
Dr. Ed Flentje, WSU Hugo Wall School of Urban and Public Affairs, presented
certificates to T.W. Anderson and Mark Willis for completion of the Mini MPA program. This
program was started last fall and involves 16 weeks and covers a variety of subjects regarding
public management, finance and policy.
Mayor Roberson recognized Shane Voran and Ted Gleason for helping an elderly. -
gentleman who had fallen and was laying face down and motionless in his front yard. If not for --:.
- their action, this man might have succumbed to exposure as temperatures y g e well below
freezing. The Mayor then recognized Chris Anderson and Rob Hiebert f ~ r _ ? ~ r n ~ l etheir
t&~
MICT training and passing their State board. They were presented their ~ ~ - & ~ l a ~ u The
es.
Finance staff was then recodzed for earning their 1 2 consecutive
~ ~ A F ~ . . a w a ;The
d City of
Newton is one of only 24 governmental units in Kansas to receive the award this year. Mayor
Roberson presented the award to staff. Director of FinanceICity Clerk Ahsmuhs introduced and
thanked the Finance staff.
The Commission recessed for a 15 minute break. The Commission reconvened at 8:05
p.m. and proceeded with regular business.
CONSENT AGENDA
4. Receive Financial Reports for March 2002.

8 April 23,2002
'\ .
5. Autumn Glen, Phase 11.
A. Receive petitions for water, sewer and street to serve Autumn Glen,
Phase 11.
B. Approve a contract for engineering services with MKEC.
6. Consider an Agreement between the City and Vic Loebsack for the South
Newton Commercial Park streets.
7. Re-roofing of Newton Public Library and Newton Recreation Center.
A. Approve specifications and set bid date for re-roofing the Newton Public
Library and Newton Recreation Center.
May 1 3 at~10:OO a.m. is set for the date and time to receive bids.
B. Consider a resolution authorizing the improvements.
This Resolution finds and determines it is necessary to construct improvements to the

Newton Library and the Newton Recreation facility, consisting of the re-roofing of those
facilities and provides for payment of the costs thereof. This Resolution is assigned No. 1-975
8. Mayor's Appointments
Planning Commission, George Krievins & Steve Johnson, terms ending 4-30-2005; Housing Authority,
Wilma Mitchell, term ending 4-30-2006; Aviation Commission Dr. Donna Ewy, term ending 4-30-2005
& Carl Harris, term ending 4-30-2003; EDC, Rich Meister, term ending 4-30-2005; Newton Library
Board Jeanean Williams & Jan Hoberecht, terms ending 4-30-2006; Substance Abuse Board, Lt. Ed
Graves, Nathan Regier & LeRoy Koehn, terms ending 4-30-2005.
...- -
MOTION: Commissioner Harris moved and Commissioner Scott seconded to -.-
. -
approve the Consent- - Agenda as presented. Motion carried 5-0; -.. - -A--.
REGULAR AGENDA -
4-
-= -
-
.---a
-.'?-
-:. - .
F--
9. Citizen's Forum of items presented or requested by the public: '.
Kathy Landis and Becky Nickel, co-owners of Prairie Harvest Food Store, presented the
Commission with a mural characterizing ways to make 'Newton More Earth Friendly'. Some of ..
the ideas on the mural included bike racks, more trees, prairie grass spaces and tax incentives for
using alternative energy sources.
A. Consider a proclamation declaring May 2,2002 as "A Day of Prayer" in Newton.

2
-..
April 23,2002
Pastor Keating presented the proclamation declaring May 2, 2002 as National Day of
Prayer on behalf the Newton Ministerial Alliance. He encouraged all citizens to express their
thanks to God for His blessing and place before Him their requests for the good of all people.

to approve the proclamation declaring May 2 as National Day of Prayer. Motion
carried 5-0.
B. Consider a proclamation declaring the month of April as Mediation Month.
Barbara Schmidt, Manager of the Community Mediation Center, read the proclamation
declaring April as Mediation Month. She noted that mediation offers creative problem solving,
generates options, empowers the parties to recognize the interest of all concerned and facilitates
a process whereby the participants control the results of their conflict.
MOTION: Vice Mayor Heck moved and Commissioner Scott seconded to

approve the proclamation declaring April as Mediation Month. Motion carried 5-
0.
C. Consider a proclamation declaring the week of May 4 -May 12, 2002 as

National Tourism Week in Newton.
Shelley Keith-Black, Sales and Marketing Director of the Convention and Visitor
Bureau, read the proclamation declaring the week of May 4-12, 2002 as "National Tourism
Week in Newton, Kansas". She urged all residents of Newton to salute their local attractions and
businesses for contributing to attracting tourism to our community.
MOTION: Convnissioner Loescher moved and Vice Mayor Heck seconded

to approve the proclamation declaring the week of May 4-12, 2002 as
National Tourism Week inNewton. Motion carried 5-0.
...--
D. Receive Pastor Bender regarding National Day of Prayer on May 2,2002 and --'-
- race relations award to be presented there. - --..-. .
--= -
;---
-<.
Pastor Bender invited to the Commission to come.to the National ~a~%$E!ra~er service
being held on the courthouse lawn on May 2 at noon. An award will be presented to Wichita
Mayor Bob Knight.
10. City Manager's update.

4 3 The City has entered into a contract with TAC Americas to look at energy service
efficiencies. Their first step is to perform a detailed energy audit.
The State legislature has two proposed budgets. The Senate version retains State
financial assistance to cities at the 2002 level. The House version cuts these 14%. The
worst case scenario between the HouseISenate proposed budgets is a $49,000 loss for the
City. Legislative hearings, sponsored by the Chamber, will held on April 26 to hear
fiom local entities. The City is asked to give no more than five minutes on the most

8 April 23,2!?2
pressing budget issues. Our focus needs to be not losing more than our fair share of State
financial assistance.
*:* Joint meetings are scheduled for May 14 with the Chamber and CVB and May 28 with
the NRC. The EDC's annual meeting will be May 2 at 6:00 p.m.
*:* A meeting with USD 373 has been set for May 2 to have preliminary discussions
regarding Fischer Field and football.
6 The Chamber (CVB) has met requirements to become a finalist to host the Kansas
Sampler Festival in Newton in 2004-2005.
*:* Congressman Tiahrt's office has indicated to the City that it might still be a few weeks
before we receive a response from the OMB.
4' A reception will be held at the Airport to meet the executives of AirTran on April 25
from 12:30-2:00 p.m.
*:* Commissioner Harris reported REAP continues to look at their mission for economic
development in the region as well as the work plan for next year.
11. Receive plans and specifications for Sky Tile Project and bike path extension and set
date and time to receive bids (May 13 at 10:OO a.m. is suggested).
At the last meeting the Commission asked staff to look into alternatives to the plan
presented for sidewalks to the Sky Tile sculpture. Staff is recommending that a viewing platform
off the pedestrian walkway be constructed. The platform would be 10 x 20 with two short lights
on the pad. Even though there would be no sidewalk up to the artwork, it does not prevent a
person from going up to the structure.
Virgil Penner, Chamber CEO, stated on behalf of the DCcor Committee they like the idea
of a viewing pad at this location.
MOTION: Commissioner Harris moved to accept the plans and specs with a
viewing platform as described, and set bids for May 13 at 10:OO a.m.
Commissioner Scott seconded.the motion which carried 5-0.
- -
Commissioner Harris thanked staff and the DCcor Committee for taking another look ati.
this project. -. - -- ^.-
12. Receive a proposal for free landfill coupon program. . .

--
In past years, the City and County have sponsored free landfill weeks. During this week
citizens could deliver trash to the landfill and the City would pay the bill instead of the citizens.
Since the landfill has closed trash is collected at the Transfer Station and then trucked to Reno
County. Having a fiee landfill week would overwhelm County staff so a different plan has been
created. Staff has developed a new and improved fiee landfill program with a coupon good for
one free load at the Transfer Station. This program is available to all Newton residents who pay
for sanitation service and are not delinquent in their utility bill payment. The rules of the
program are stated in a brochure that will be mailed out to all residents. The coupons will be
available at the water billing office. Each coupon is good for one free admission to the transfer
station, with a limit of two coupons per household, per year.

$ April 23, F02
Commissioners were pleased with the program presented and felt this wouldn't cost more
than a major clean up. They commended staff for their efforts in developing the program.

to approve the free landfill coupon program and directed staff to move forward
with the program. Motion carried 5-0.
13. Consider the recommendation of the Planning Commission to approve the Final
Plat for Newton Medical Center, 2ndAddition.
Community Development Director Johnson stated the Planning Commission approved a

final plat for a portion of the Northwest quarter of Section 28, Township 23 South, Range 1 East
of the 6'" Principal Meridian in Harvey County, Kansas, and a Replat of Lot 2, Block 2 and
Reserves D & E of the Newton Medical Center Addition to the City of Newton. All City
requirements have been satisfied, however, the Mayor's name will need to be changed.
MOTION: Commissioner Harris moved to approve the Planning Commission's

recommendation, as amended, to approve the Final Plat for Newton Medical
Center Second Addition. Commissioner Loescher seconded the motion which
carried 5-0.
14. Receive a proposed development plan for the City-owned property in the Newton
Industrial Park, and consider authorizing staff and the Harvey County Economic
Development Council to proceed with the preparation and submission to the
Planning Commission of a plat to implement that development plan.
Community Development Director Johnson noted that in February 2002, the City
acquired the balance of the undeveloped land at the Newton Industrial Park from the Greater
Newton Foundation. To assist the City in developing this property, the EDC has committed to
financing up to $15,000 of the cost of platting the land. The City will then proceed with. -
infrastructure design. Staff requested authorization to proceed with development of .a5'
- preliminary plat based on this plan, which will likely be submitted to' the Pl+& Commission
<
-
for consideration at their June meeting. ---=--
+ .
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T
. - ---
MOTION: Comrniisioner Loescher inoved to receive the proposed.development
plan and authorize staff and EDC to proceed with preparation and submission to
the Planning Commission and implement the development plan. Commissioner
Scott seconded the motion which carried 5-0.
15. Consider a proposal for lSt

and Main intersection improvements.
City EngineerIDPW Loomis commented that staff had applied for funding through the
KDOT Federal Aid Safety Program for improvements to three intersections in town: lStand
Main, 12'" and Main and 1 4 and
~ Kansas. The City is already receiving funding through the
system enhancements program for 14'" and Kansas and the 1 2 and ~ Main intersection is

$' April 23,2002
* .
receiving funding through the Federal Aid Safety Program. Staff has been notified that the lSt
and Main intersection has now also been chosen by KDOT to receive federal-aid STP-safety
funds. The proposal for the lStand Main intersection would include constructing left turn lanes
on Main Street, lining up turn lanes on lStStreet, so they are directly across from each other, and
updating existing tr&c signals with fully actuated signals. Federal funding would pay 90% of
the construction and construction engineering ($277,200) and local funding would be 10% of the
construction and construction engineering ($38,800) 100% of the right-of-way costs, 100% of
the design costs ($39,282) and 100% of the utility relocation costs.
Commissioner Loescher inquired if staff had a guess as to the cost of right-of-way

acquisition. He was informed there have been no comparables available. If the utility is in City
right-of-way, the relocation costs would be taken care of by the utility. If they are in the private
easement, it would be at the expense of the City. Staff does not anticipate a lot of right-of-way
to be acquired.
MOTION: Vice Mayor Heck moved to authorize staff to proceed with the
proposal of the lStand Main intersection. Commissioner Harris seconded the
16. Consider approval of a Loan Agreement between the Kansas Department of Health
and Environment and the City as to the west-side waterline improvement project,
and consider an Ordinance authorizing the execution of that loan agreement.
An Ordinance authorizing the execution of a loan agreement between Newton, Kansas

and the State of Kansas acting by and through the Kansas Department of Health and
Environment for the purpose of obtaining a loan from the Kansas Public Water Supply Loan
Fund for the purpose of financing a public water supply project; establishing a dedicated source
of revenue for repayment of such loan; authorizing and approving certain documents in
connection therewith; and authorizing certain other actions in connection with the loan
agreement was considered. This is for the project to extend water to the west side subdivisions.
Cost of the project is estimated not to exceed $1.4 million. The low interest loan rate is at 4.14%
. - .- .
+ .
which is below market price of general obligation bonds.

-. - - - Y .
MOTION: Commissioner Loescher moved and Commissioner Harris &onded

that this Ordinance, assigned No. 4409-02, be approved as presented.?&$&ion
carried 5-0. (This Orilinance is contained in Volume W of Ordinances.)
Commissioners asked for an update on the sewer extension underway for that area. Staff
informed them that the contractor was quite a bit behind schedule. They have run into some .
problems, not anticipated.
17. Receive bids and award contract for the Wellness Center renovations.
Bids have been received for the Wellness Center renovations. Costs of the project will be
borne by the Newton Recreation Center, but they need to have the City to have technical

J
;
-.
April 23,2002
i
oversight and award the bids since the building is owned by the City. It is recommended to
award the bid to Sutherland Building, Inc. in the amount of $182,700.
Brian Bascue, NRC Superintendent, stated they are ready to get started with the
renovations and the customers are very excited about the changes.
BIDDER BASE BID BID BOND

Compton Construction Corp $194,975 Yes
Koehn, Inc. $212,800 Yes
Laser Contracting $208,000 Yes
Pinnacle Builders $202,000 Yes
Sirnpson & Associates $286,990 Yes
Sutherland Builders, Inc. $182,700 Yes

to receive the bids and award the contract for the Wellness Center renovations to
Sutherland Builders, Inc. in the amount of $182,700. Motion carried 5-0.
18. Consider endorsement of proposal by Prairie View to Participate in Kansas

Community Services Program
A Resolution of Support for Prairie View, Inc. to apply for tax credits under the Kansas
Community Service Program Act was considered. Prairie View is requesting endorsement from
the Commission for an application to be awarded for Kansas tax credit status for additional beds
and construction of a new facility for psychiatric specialty based Level IV treatment. This is a
very competitive program, but if awarded will increase Prairie View's capacity to treat
adolescent patients.
Resolution, assigned G-839, be approved as presented. Motion carried 5-0. (This
Resolution is contained in Volume D of General Resolutions.) . -
. ..
. -:.
19. Old Business. -. - -.-.

.i .
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-= = -
Mayor Roberson announced that evaluations of the City Manager and C i t t o r n e y were
done before the regular scheduled meeting. Further action will be taken at an upc&&ng meeting.
City Manager Heinicke reported that Chief Daily received a Friends of Education Award
fiom USD 373 for the Police Departments volunteer contributions to education in the school. .
The Police Department partners with the USD 373 to help ensure the safety and well being of
the community's young people through education and relationship building. Heinicke reminded
the Commission of the legislative luncheon on April 26. He also included in the packets
information on the Harvey Interurban.

April 23,2002
Community Development Director Johnson announced that the City has been contacted
by KDOCH regarding the Metroplains block grant application. He hopes to hear more within the
next three weeks.
City Attorney Myers reported that the City is at the end of the first round of recycling
violations from court. Only one case pleaded not guilty. Most defendants have been very
apologetic.
20. New Business.

Vice Mayor Heck shared he would be attending the KMIT trustee meeting on Friday.
Commissioner Scott thanked Commissioners and staff for all their help during his year a
Mayor.
City Manager Heinicke announced he and two Commissioners will meet with the School
officials on May 2"* to discuss football.
Community ~ e i e l o ~ m eDirector
nt Johnson informed the Commission on the community
services tax credit programs, for 501(c)3 corps to get their hands on tax credits. It is a unique
program. Museums and downtown redevelopment exercises, such as the Fox group, can apply
for these. He also noted that housing starts are up considerable in Newton and year-to-date
building permits are valued at $4.9 million.
Commissioner Harris inquired about having a temporary four-way stop at the intersection
of lStand Spencer. Staff will look into this.
21. Adjournment.
ATTEST:
City Clerk

April 23,2002
$
-\.
RESOLUTION NO. T-v-5
WHEREAS, K.S.A. 12-1736 provides, in part, that any city in the State of Kansas may
alter, repair, reconstruct, remodel, replace or make additions to a public building or buildings;
and
WHEREAS, K.S.A. 12-1737 provides, in part, that the governing body of any city may,
for the purposes hereinbefore authorized and provided, issue bonds of the City; and
WHEREAS, the governing body of the City of Newton, Kansas, hereby finds and
~ determines it to be necessary to construct improvements to the Newton Library and the Newton
Recreation Center facilities, consisting of the re-roofing of those existing facdities and the
making of related improvements (the "Projecty'),and to provide for the payment of the costs
thereof, all as provided by said K.S.A. 12-1736, et seq., as amended and supplemented; and
WHEREAS, the Director of Public Works has provided to the governing body plans and
specifications and estimates regarding the probable cost of such improvements; and
WHEREAS, the Governing Body did on this 23rd day of April, 2002, review and approve
such plans, specifications and cost estimates, NOW THEREFORE,
BE IT WESOE$rED BY THE GOVEFNNG BODY OF THE CITY OF NEWTON,

KANSAS:
SECTION 1. The governing body hereby finds and finally determines that it is advisable
to and does hereby authorize the Roject pursuant.to the approved plans and specifications.
SECTION 2. Said public improvements are hereby authorized to be paid for, in whole or
in part, by the issuance of general obligation bonds, said bonds to be issued pursuant to K.S.A.
12-1737 to pay the costs of such improvements, or to reimburse expenditures made by the City to
the extent provided by U.S.Treasmy.RegulationSection 1.150-2.
n
ADOPTED this 23rd day of April, 2002.
blabor 9
ATTFEST:
MEMO Department of Public Works City of Newton
DATE: April 15, 2002
TO: Jim Heinicke, City Manager
FROM: Suzanne Loomis, Director Public WorksICity Engineer
SUBJECT: Roof Repairs to City Owned Buildings
For quite sometime now the Newton Public Library and the Newton Recreation Center have had problems
with roof leaks at their facilities. Each time it rains, these structures leak to the point that countless
buckets are required inside to catch the infiltrating rainwater. This is especially troublesome at the library
as the moisture can damage extensive amounts of literature housed within the structure. Also, the
following our last snow event this winter during the snow melt process, the Recreation Center was forced
to close off several courts due to the water seeping into the building. These roof systems both constructed
within similar time fi-ames have served their useful life and need replacement.
Engineering staff has worked with local roofing contractors to develop specifications for reconstructing
the roof systems of these two structures. Below you will find a brief explanation of the proposed project.
Library Reroof
The work to be perfbrmed is installation of a modified asphalt roofing system on the new addition (east
end) of the library (Bessimer Addition). The existing roof materials and insulation will be removed to the
roof deck. Insulation will be adhered to the deck in hot asphalt. Then high-density fiberboard insulation
will be added. And the last layer will be an asphalt roof system with one-ply of TAMKO fiberglass base-
sheet and Awaplan 170 FR modified membrane. And all roof vents and flues will be addressed as per
specifications.
The estimated cost for this work is $1 6,000.
Recreation Center Reroof

The work to be performed is igstallation of an asphalt roof system over the entire structure. Existing roof
materials will be removed down to the deck. The deck then will be primed with asphalt primer or a vapor
barrier depending on the actual decking material. Insulation will be adhered using asphalt. Then a
TAMKO fiberglass base-sheet adhered to high-density fiberboard will be placed using asphalt. Fiberglass
felt will then be applied with asphalt bitumen. Base flashings at walls and curbs will be applied with
TAMKO Awaplan 170. And last a flood coat of asphalt bitumen with embedded roofing gravel will be
added. All will be done according to specifications including attention to vents and flues.
The estimated cost of this work is $1 15,000.
The City agreements with these two facilities state that we will maintain the exterior and structural
portions of the buildings. Therefore, this item needs to be approved by the City Commission prior to
awarding bids for these improvements. StafT is suggesting a bid opening on Monday, May 13"' at 10:OO
a.m. for the work described.
April 23,2002
Mayor Scott convened the special meeting to order at 5:00 p.m. stating it was time to
conduct the performance appraisals of the City Manager and of the City Attorney.

that the Commission recess to executive session to discuss personnel matters for
one and one half hours. Motion carried 5-0.
The Commission recessed to the executive session at 5:00 p.m. The Commission
reconvened at 6:30 p.m. Mayor Scott announced no decisions were made and no action was
taken.

to recess to executive session to continue discussion of personnel matters for 25

recess into executive session to continue discussion of personnel matters for 15
at 7: 10 p.m. Mayor Scott announced no decisions were made and no action was taken.
The Newton City Commission convened in regular session at 7: 10 p.m. on April 23,2002
in the City Commission room at 201 East 6fi Street. Attending were Mayor Scott, Vice Mayor
Roberson and Commissioners Harris, Heck and Loescher. Also attending were City Manager..-
Heinicke, City Attorney Myers, City EngineerDPW Loomis, Director of FinanceICity. Clerk-:.
- Ahsmuhs, Director of Community Development Johnson and Deputy Clerk Queben. .-
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Pastor Mike Keating of the First United Methodist Church-provided the'"mocation. The
Mayor then led in the Hedge of Allegiance to the US Flag and presided over the items of
business.
I 1. Review minutes of April 3,2002 Commission meeting.

to approve the minutes of the April 3 Commission meeting as presented. Motion
carried 5-0.
2. Annual Reorganization of the City Commission.
A. State of the City report.

t'
April 23, _20?2
Mayor Scott gave a state of the City report. Some of the highlights included a series of
community forums to gain more input and make City government more open and accessible to
citizens, annexation of Royer West, Lazy Creek, Hidden Meadows and Moorlands, 10 new plats
processed and 13 zoning cases enabling new development of commercial and residential areas,
working with the 1965 Development Group to create a private sector plan for the rehabilitation
of the Fox Theater, enabling catalogs, phone books and magazines to be collected as recyclables,
first full year of operation of WWD No. 17, continued intergovernmental cooperation and
receiving a class 3 fire insurance rating.
B. Consider selection of the Mayor for the ensuing year.

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MOTION: Mayor Scott moved and Commissioner Loescher seconded to nominate

Marge Roberson as Mayor for the ensuring year. Motion carried 5-0.
C. Consider selection of the Vice Mayor for the ensuing year.

to nominate Willis Heck as Vice Mayor for the ensuing year. Motion carried 5-0.
3. Employee Recognition and presentation of CAFR award.
Mayor Roberson presented Grant Scott with a clock commemorating his year as mayor
for 2001-2002.
Dr. Ed Flentje, WSU Hugo Wall School of Urban and Public Affairs, presented
certificates to T.W. Anderson and Mark Willis for completion of the Mini MPA program. This
program was started last fall and involves 16 weeks and covers a variety of subjects regarding
public management, finance and policy.
Mayor Roberson recognized Shane Voran and Ted Gleason for helping an elderly. --
gentleman who had fallen and was laying face down and motionless in his front yard. If not for '-
:
their action, this man might have succumbed to exposure as temperatures were- well below
freezing. The Mayor then recognized Chris Anderson and Rob Hiebert f ~ r - i ~ m ~ l etheir
t&~
MICT training and passing their State board. They were presented their ~ 1 - m l a ~ u e The
s.
Finance st& was then recogzed for earning their 1 2 consecutive
~ ~ cAF~.aw&d.The City of
Newton is one of only 24 governmental units in Kansas to receive the award this year. Mayor
Roberson presented the award to st&. Director of FinanceKity Clerk Ahsmuhs introduced and
thanked the Finance staff.
The Commission recessed for a 15 minute break. The Commission reconvened at 8:05
p.m. and proceeded with regular business.
CONSENT AGENDA
4. Receive Financial Reports for March 2002.

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April 23,2002
.
5. Autumn Glen, Phase 11.
A. Receive petitions for water, sewer and street to serve Autumn Glen,
Phase 11.
B. Approve a contract for engineering services with MKEC.
6. Consider an Agreement between the City and Vic Loebsack for the South
Newton Commercial Park streets.
7. Re-roofing of Newton Public Library and Newton Recreation Center.
A. Approve specifications and set bid date for re-roofing the Newton Public
Library and Newton Recreation Center.
May 13" at 10:OO a.m. is set for the date and time to receive bids.
B. Consider a resolution authorizing the improvements.
This Resolution finds and determines it is necessary to construct improvements to the

Newton Library and the Newton Recreation facility, consisting of the re-roofing of those
facilities and provides for payment of the costs thereof. This Resolution is assigned No. 1-975
8. Mayor's Appointments
Planning Commission, George Krievins & Steve Johnson, terms ending 4-30-2005; Housing Authority,
Wilma Mitchell, term ending 4-30-2006; Aviation Commission Dr. Donna Ewy, term ending 4-30-2005
& Carl Harris, term ending 4-30-2003; EDC, Rich Meister, term ending 4-30-2005; Newton Library
Board Jeanean Williams & Jan Hoberecht, terms ending 4-30-2006; Substance Abuse Board, Lt. Ed
Graves, Nathan Regier & LeRoy Koehn, terms ending 4-30-2005.
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MOTION: Commissioner Harris moved and Commissioner Scott seconded to . -__.
approve the Consent- - Agenda as presented. Motion carried 5-0; -..' - .
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REGULAR AGENDA = - -
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Kathy Landis and Becky Nickel, co-owners of Prairie Harvest Food Store, presented the
Commission with a mural characterizing ways to make 'Newton More Earth Friendly'. Some of .-
the ideas on the mural included bike racks, more trees, prairie grass spaces and tax incentives for
using alternative energy sources.
A. Consider a proclamation declaring May 2,2002 as "A Day of Prayer" in Newton.

April 23,2002
-3 .
Pastor Keating presented the proclamation declaring May 2, 2002 as National Day of
Prayer on behalf the Newton Ministerial Alliance. He encouraged all citizens to express their
thanks to God for His blessing and place before Him their requests for the good of all people.

to approve the proclamation declaring May 2 as National Day of Prayer. Motion
carried 5-0.
B. Consider a proclamation declaring the month of April as Mediation Month.
Barbara Schmidt, Manager of the Community Mediation Center, read the proclamation
declaring April as Mediation Month. She noted that mediation offers creative problem solving,
generates options, empowers the parties to recognize the interest of all concerned and facilitates
a process whereby the participants control the results of their conflict.
MOTION: Vice Mayor Heck moved and Commissioner Scott seconded to

approve the proclamation declaring April as Mediation Month. Motion carried 5-
0.
C. Consider a proclamation declaring the week of May 4 -May 12, 2002 as

National Tourism Week in Newton.
Shelley Keith-Black, Sales and Marketing Director of the Convention and Visitor
Bureau, read the proclamation declaring the week of May 4-12, 2002 as "National Tourism
~ Week in Newton, Kansas". She urged all residents of Newton to salute their local attractions and
businesses for contributing to attracting tourism to our community.
MOTION: Commissioner Loescher moved and Vice Mayor Heck seconded

to approve the proclamation declaring the week of May 4-12, 2002 as
National Tourism Week inNewton. Motion carried 5-0.
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D. Receive Pastor Bender regarding National Day of Prayer on May 2, 2002 and"
race relations award to be presented there. - . -r
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Pastor Bender invited to the Cornmission to come.to the National I l a Y e r a y e r service
being held on the courthouse lawn on May 2 at noon. An award will be presented to Wichita
Mayor Bob Knight.
10. City Manager's update.

+: +City has entered into a contract with TAC Americas to look at energy service
The
efficiencies. Their first step is to perform a detailed energy audit.
+:The
+ State legislature has two proposed budgets. The Senate version retains State
financial assistance to cities at the 2002 level. The House version cuts these 14%. The
worst case scenario between the HouseISenate proposed budgets is a $49,000 loss for the
City. Legislative hearings, sponsored by the Chamber, will held on April 26 to hear
from local entities. The City is asked to give no more than five minutes on the most

April 23,2?!2
pressing budget issues. Our focus needs to be not losing more than our fgr share of State
financial assistance.
*:* Joint meetings are scheduled for May 14 with the Chamber and CVB and May 28 with
the NRC. The EDC's annual meeting will be May 2 at 6:00 p.m.
*:* A meeting with USD 373 has been set for May 2 to have preliminary discussions
regarding Fischer Field and football.
+:+ The Chamber (CVB) has met requirements to become a finalist to host the Kansas
Sampler Festival in Newton in 2004-2005.
*:* Congressman Tiahrt's office has indicated to the City that it might still be a few weeks
before we receive a response fiom the OMB.
+3 A reception will be held at the Airport to meet the executives of AirTran on April 25
fiom 12:30-2:00 p.m.
+:* Commissioner Harris reported REAP continues to look at their mission for economic
development in the region as well as the work plan for next year.
11. Receive plans and specifications for Sky Tile Project and bike path extension and set
date and time to receive bids (May 13 at 10:OO a.m. is suggested).
At the last meeting the Commission asked staff to look into alternatives to the plan
presented for sidewalks to the Sky Tile sculpture. Staff is recommending that a viewing platform
off the pedestrian walkway be constructed. The platform would be 10 x 20 with two short lights
on the pad. Even though there would be no sidewalk up to the artwork, it does not prevent a
person from going up to the structure.
Virgil Penner, Chamber CEO, statedan behalf of the Ddcor Committee they like the idea
of a viewing pad at this location.
MOTION: Commissioner Harris moved to accept the plans and specs with a
viewing platform as described, and set bids for May 13 at 10:OO a.m.
Commissioner Scott seconded.the motion which carried 5-0.
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Commissioner Harris thanked staff and the DCcor Committee for taking another look at.!'.
this project.
12.
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Receive a proposal for free landfill coupon program.

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In past years, the City and County have sponsored fiee landfill weeks. During this week
citizens could deliver trash to the landfill and the City would pay the bill instead of the citizens.
Since the landfill has closed trash is collected at the Transfer Station and then trucked to Reno
County. Having a free landfill week would overwhelm County staff so a different plan has been
created. Staff has developed a new and improved free landfill program with a coupon good for
*
one free load at the Transfer Station. This program is available to all Newton residents who pay
for sanitation service and are not delinquent in their utility bill payment. The rules of the
program are stated in a brochure that will be mailed out to all residents. The coupons will be
available at the water billing office. Each coupon is good for one fiee admission to the transfer
station, with a limit of two coupons per household, per year.

:/ April 23,2002
*.
Commissioners were pleased with the program presented and felt this wouldn't cost more
than a major clean up. They commended staff for their efforts in developing the program.
MOTION: Commissioner Harris moved and commissioner Loescher seconded

to approve the fiee landfill coupon program and directed staff to move forward
with the program. Motion carried 5-0.
13. Consider the recommendation of the Planning Commission to approve the Final
Plat for Newton Medical Center, 2ndAddition.
Community Development Director Johnson stated the Planning Commission approved a

final plat for a portion of the Northwest quarter of Section 28, Township 23 South, Range 1 East
of the 6fi Principal Meridian in Harvey County, Kansas, and a Replat of Lot 2, Block 2 and
Reserves D & E of the Newton Medical Center Addition to the City of Newton. All City
requirements have been satisfied, however, the Mayor's name will need to be changed.
MOTION: Commissioner Harris moved to approve the Planning Commission's

recommendation, as amended, to approve the Final Plat for Newton Medical
Center Second Addition. Commissioner Loescher seconded the motion which
carried 5-0.
14. Receive a proposed development plan for the City-owned property in the Newton
Industrial Park, and consider authorizing staff and the Harvey County Economic
Development Council to proceed with the preparation and submission to the
Planning Commission of a plat to implement that development plan.
Community Development Director Johnson noted that in February 2002, the City
acquired the balance of the undeveloped land at the Newton Industrial Park fiom the Greater
Newton Foundation. To assist the City in developing this property, the EDC has committed to
financing up to $15,000 of the cost of platting the land. The City will then proceed with .
infrastructure design. Staff requested authorization to proceed with development of .a'!.
'
- preliminary plat based on this plan, which will likely be submitted t o the Pla?lr_linsg Commission
for consideration at their June meeting.
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MOTION: Commissioner Loescher moved to receive the proposed.development
plan and authorize staff and EDC to proceed with preparation and submission to
the Planning Commission and implement the development plan. Commissioner
Scott seconded the motion which carried 5-0.
15. Consider a proposal for lSt

and Main intersection improvements.
City EngineerDPW Loomis commented that staff had applied for funding through the
KDOT Federal Aid Safety Program for improvements to three intersections in town: lStand
Main, 1 2 and
~ Main and 1 4 and
~ Kansas. The City is already receiving fimding through the
system enhancements program for 14' and Kansas and the 12' and Main intersection is

y
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April 23,2002
receiving funding through the Federal Aid Safety Program. Staff has been notified that the lSt
and Main intersection has now also been chosen by KDOT to receive federal-aid STP-safety
funds. The proposal for the 1'' and Main intersection would include constructing left turn lanes
on Main Street, lining up turn lanes on 1'' Street, so they are directly across from each other, and
updating existing traffic signals with fully actuated signals. Federal funding would pay 90% of
the construction and construction engineering ($277,200) and local funding would be 10% of the
construction and construction engineering ($38,800) 100% of the right-of-way costs, 100% of
the design costs ($39,282) and 100% of the utility relocation costs.
Commissioner Loescher inquired if stafT had a guess as to the cost of right-of-way

acquisition. He was informed there have been no comparables available. If the utility is in City
right-of-way, the relocation costs would be taken care of by the utility. If they are in the private
easement, it would be at the expense of the City. Staff does not anticipate a lot of right-of-way
to be acquired.
MOTION: Vice Mayor Heck moved to authorize staff to proceed with the
proposal of the lStand Main intersection. Commissioner Harris seconded the
16. Consider approval of a Loan Agreement between the Kansas Department of Health
and Environment and the City as to the west-side waterline improvement project,
and consider an Ordinance authorizing the execution of that loan agreement.
An Ordinance authorizing the execution of a loan agreement between Newton, Kansas

and the State of Kansas acting by and through the Kansas Department of Health and
Environment for the purpose of obtaining a loan from the Kansas Public Water Supply Loan
Fund for the purpose of financing a public water supply project; establishing a dedicated source
of revenue for repayment of such loan; authorizing and approving certain documents in
connection therewith, and authorizing certain other actions in connection with the loan
agreement was considered. This is for the project to extend water to the west side subdivisions.
Cost of the project is estimated not to exceed $1.4 million. The low interest loan rate is at 4.14%.
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which is below market price of general obligation bonds.
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MOTION: Commissioner Loescher moved and Commissioner Harris gkonded '
that this Ordinance, assigned No. 4409-02, be approved as presented.%&&tion

Commissioners asked for an update on the sewer extension underway for that area. Staff
informed them that the contractor was quite a bit behind schedule. They have run into some ..
problems, not anticipated.
17. Receive bids and award contract for the Wellness Center renovations.
Bids have been received for the Wellness Center renovations. Costs of the project will be
borne by the Newton Recreation Center, but they need to have the City to have technical

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April 23,2002
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oversight and award the bids since the building is owned by the City. It is recommended to
award the bid to Sutherland Building, Inc. in the amount of $182,700.
Brian Bascue, NRC Superintendent, stated they are ready to get started with the
renovations and the customers are very excited about the changes.
BIDDER BASE BID BID BOND

Compton Construction Corp $194,975 Yes
Koehn, Inc. $212,800 Yes
Laser Contracting $208,000 Yes
Pinnacle Builders $202,000 Yes
Sirnpson & Associates $286,990 Yes
Sutherland Builders, Inc. $182,700 Yes

to receive the bids and award the contract for the Wellness Center renovations to
Sutherland Builders, Inc. in the amount of $182,700. Motion carried 5-0.
18. Consider endorsement of proposal by Prairie View to Participate in Kansas

Community Services Program
A Resolution of Support for Prairie View, Inc. to apply for tax credits under the Kansas
Cornmunity Service Program Act was considered. Prairie View is requesting endorsement from
the Commission for an application to be awarded for Kansas tax credit status for additional beds
and construction of a new facility for psychiatric specialty based Level IV treatment. This is a
very competitive program, but if awarded will increase Prairie View's capacity to treat
adolescent patients.
Resolution, assigned G-839, be approved as presented. Motion carried 5-0. (This
Resolution is contained in Volume D of General Resolutions.) . -
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19. Old Business. -- - - - .= .

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Mayor Roberson announced that evaluations of the City Manager and c&ttorney were
done before the regular scheduled meeting. Further action'will be taken at an upco&ng meeting.
City Manager Heinicke reported that Chief Daily received a Friends of Education Award
from USD 373 for the Police Departments volunteer contributions to education in the school. ..
The Police Department partners with the USD 373 to help ensure the safety and well being of
the community's young people through education and relationship building. Heinicke reminded
the Commission of the legislative luncheon on April 26. He also included in the packets
information on the Harvey Interurban.

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April 23,2002
Community Development Director Johnson announced that the City has been contacted
by KDOCH regarding the Metroplains block grant application. He hopes to hear more within the
next three weeks.
City Attorney Myers reported that the City is at the end of the first round of recycling
violations fkom court. Only one case pleaded not guilty. Most defendants have been very
apologetic.
20. New Business.

Vice Mayor Heck shared he would be attending the KMIT trustee meeting on Friday.
Commissioner Scott thanked Commissioners and staff for all their help during his year a
Mayor.
City Manager Heinicke announced he and two Commissioners will meet with the School
officials on May 2ndto discuss football.
Community ~ e i e l o ~ m eDirector
nt Johnson informed the Commission on the community
services tax credit programs, for 501(c)3 corps to get their hands on tax credits. It is a unique
program. Museums and downtown redevelopment exercises, such as the Fox group, can apply
for these. He also noted that housing starts are up considerable in Newton and year-to-date
building permits are valued at $4.9 million.
Commissioner Harris inquired about having a temporary four-way stop at the intersection
of lStand Spencer. Staff will look into this.
21. Adjournment.
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ATTEST:
City Clerk -

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April 23,2002
RESOLUTION NO. 1 - 4 74
and
for the purposes hereinbefore authorized and provided, issue bonds of the City; and
WHEREAS, the governing body of the City of Newton, Kansas, hereby fmds and
determines it to be necessary to construct improvements to the Newton Library and the Newton
Recreation Center facilities, consisting of the re-roofmg of those existing facilities and the
making of related improvements (the "Project"), and to provide for the payment of the costs
thereof, all as provided by said K.S.A. 12-1736, et seq., as amended and supplemented; and
WHEREAS, the Director of Public Works has provided to the governing body plans and
specifications and estimates regarding the probable cost of such improvements; and
WHEREAS, the ~ o v & n i Body n ~ did on this 23rd day of April, 2002, review and appro&
such plans, specifications and cost estimates, NOW THEREFORE,
BE IT IRESOLVED BY THE GOVERNING BODY OF THE CITY OF NEWTON,

KANSAS:
SE~TION1. The governing body hereby finds and finally determines that it is advisable
to and does hereby 'sauthorize the Pmject pursuant to the approved plans and specifications.
SECTION 2. Said public improvements are hereby authorized to be paid for, in whole or
in part, by the issuance of general obligation bonds, said bonds to be issued pursuant to K.S.A.
12-1737 to pay the costs of such improvements, or to reimburse expenditures made by the City to
the extent provided by US.Treasury Regulation Section 1.150-2.
TAC ENERGY SERVICES CONTRACT
This is an Energy Services Contract by and between TAC Americas, Inc. and the City of Newton,
whereby TAC Americas, Inc. agrees to provide and perform the energy conservation measures set forth in
the attached schedules which are listed below and incorporated herein as if fully copied and set forth at
length, subject to the terms and conditions set forth herein:
Schedule A, Scope of Work

Schedule B, Performance Assurance Support Services Agreement
Schedule C, Performance Guarantee
Schedule D, Performance Tracking
Schedule E, Calculations of Savings
Schedule F, Payment Schedule
Schedule G, Project Specific CUSTOMER Responsibilities
BY
Signatur
Title
Date
City of Newton TAC / Americas
DEFINITIONS
1. "TAC" refers to TAC Americas, Inc. and its Energy Solutions group.
2. "Customer" refers to the City of Newton.
3. "Project" refers to Energy Efficiency Improvements, as set forth in Schedule A: Scope of Work,
made to facilities of the City of Newton.
4. "Date of Commencement" is the latest signature date above.
5. The "Contract Documents" consist of this Contract with conditions set forth herein, the Schedules
identified above,'-other documents listed in the Contract and any modification issued after
execution of this Contract. The intent of the Contract Documents is to include all items necessary
for the proper execution and completion of the work by TAC. The Contract Documents are
complimentary, and TAC's performance shall be required only to the extent consistent with the
Contract Documents.
6. "Work" means the services required by the Contract Documents, whether completed or partially
completed and, includes all labor, materials, equipment and services provided or to be provided by
TAC to fulfill TAC's obligations. The Work may constitute the whole or a part of the Project.
7. "Substantial Completion" refers to and shall mean the date the conservation measures are
sufficiently implemented in accordance with the Contract Documents that the Customer may
utilize the Project for the use for which it is intended, and is filly complete except for minor items,
adjustments andlor corrections.
8. The term "day" as used herein shall mean calendar day unless otherwise specifically designated.
9. The term "Change Order" is defined as a written change in the Project executed by both parties.
10. "Implementation Contract" means those portions of this Contract that refer to the Project.
I I. "Financing Agreement" means the financing arrangement that the Customer will utilize to provide
the funds to pay the Contract Sum. (See Article 2)
TERMS AND CONDITIONS OF IMPLEMENTATION

PORTION OF CONTRACT
ARTICLE 1 -DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
1.1 TAC shall achieve Substantial Completion of the entire Work not later than 180 days from date of
commencement, subject to adjustments of this Contract Time as provided in the Contract Documents.
ARTICLE 2 - CONTRACT SUM AND PAYMENTS
2.1 IMPLEMENTATION CONTRACT PAYMENTS - The total of all Implementation Contract

Payments shall be $915,775. These payments shall be made as scheduled in Schedule F: Payment
Schedule. If any payment is over ten (10) days late the CUSTOMER shall pay to TAC a 1% late penalty
per month and TAC reserves the right to terminate this Contract due to non-payment upon seven days prior
written notice.
2.2 PERFORMANCE ASSURANCE SUPPORT SERVICES PAYMENTS - CUSTOMER shall pay

annual payments for the PASS Agreement of the amounts listed below:
Year One $0
Year Two $6,720
Year Three Year two price modified by the change in CPI

since the beginning of the year two agreement.
Year Four and beyond Prior year modified by the last 12 months
change in CPI.
The first year PASS Agreement begins on the fist day of the first billing period following substantial
completion. Payment for each year's PASS Agreement is due within 30 days of the reconciliation from the
previous guarantee period.. CUSTOMER may cancel the PASS agreement on any anniversary date or at the
end of CUSTOMER'S fiscal year. If CUSTOMER cancels the PASS agreement, TAC reserves the right to
cancel the guarantee contract.
ARTICLE 3 - CUSTOMER
3.1 Except for permits and fees, which are the responsibility of TAC under the Contract Documents,
the CUSTOMER shall secure and pay for necessary approvals, easements, assessments and charges
required for the use or occupancy of permanent structures or permanent changes in existing facilities.
3.2 If TAC fails to correct Work which is not in accordance with the requirements of the Contract
Documents or persistently fails to carry out the Work in accordance with the Contract Documents, the
CUSTOMER, upon seven days prior written notice to TAC, may order TAC to stop the Work, or any
portion thereof, until the cause for such order has been eliminated. However, the right of the CUSTOMER
to stop the Work shall not give rise to a duty on the part of the CUSTOMER to exercise this right for the
benefit of TAC or any other person or entity.
February 11,2003
Vice Mayor Heck and Commissioners Harris, Loescher and Scott. Also attending were City
Manager Heinicke, City Attorney Myers, City EngineerIDPW Loomis, Director of FinanceICity
Clerk Ahsmuhs, PI0 Spencer and Deputy Clerk Duerksen.
Pastor Rick Dages of the lStNazarene Church provided the invocation. The Mayor then
CONSENT AGENDA
Review minutes of January 28,2003 Commission meeting.
Consider application for Cereal Malt Beverage license for Wal-Mart.
Stratford Place, Phase 6.
This item is subject to approval upon receipt of a letter of credit within 14 days.
A. Receive petition, plans and specifications for extension of streets to serve

Stratford Place addition, Phase 6.
B. Consider a Resolution finding advisable and authorize the extension of stre6ts.

Resolution 1-991
C. Set date and time to receive bids (February 25,2003 a t 10:OO a.m. is suggested).
Receive plans and specifications for extension of streets to serve Stone Creek
Estates, Phase 4 and set date and time to receive bids (February 25,2003 at 10:OO
a.m. is suggested);-
Add'n: Consider a Resolution of the City of Newton authorizing improvements to certain

public buildings and providing for the payment of the costs thereof. This Resolution is assigned
1-992.

to approve the Consent Agenda as presented. Motion carried 5-0.
REGULAR AGENDA
5. Citizen's Forum.
A. Receive a proclamation declaring February 25 as 'National Spay Day'.

February 11,2003
Kevin Stubbs, Caring Hands Humane Society Director, read the proclamation declaring
February 25,2003 as National Spay Day.
MOTION: Commissioner Harris moved and Vice Mayor Heck seconded to

approve the proclamation. Motion carried 5-0.
B. Continuation of 1-135 billboard partnership.
Virgil Penner, Chamber of Commerce and Visitors Bureau, asked that the City continue
the partnership on a billboard located on 1-135 with the CVB and Newton motels for another
year. Two motels have agreed to pay one-third of the cost of the display and the CVB will put
in one-third of the cost. He asked if the City would supply funds for the other one-third. This
would amount to $5,000. They feel that this billboard is vital to the economic well being of ow
visitor oriented businesses. They plan to use this billboard to advertise the upcoming Kansas
Sampler.
Commissioners asked questions regarding the use of the billboard. They were in favor of
continuing the partnership and felt it was a good use of the bed tax dollars.
MOTION: Vice Mayor Heck moved to continue the partnership on the 1-135
billboard sign and pay $5,000 for one-third of the lease obligation. Commissioner
Harris seconded the motion which carried 5-0.
Mayor Roberson recognized the Boy Scout Troops in attendance.
*3 Gary Denny was hired as the new FireIEMS Chief. He has 22 years of experience
with the Sedgwick County Fire Department and 4 years experience as Chief in Ponca
City. He will begin work on March 17.
*:* Grand Opening for the Lincoln School apartments will be February 20 at 1:30 p.m.
*:* Commissioners and staff attended City Hall Day at,the Capitol. Consensus of what '
was heard was demand transfers are a thing of the past, there is no tax lid looming,
and there is probably some help on smaller issues (like publication costs).
*3 Chamber of Commerce Legislative Forum was held on Saturday. Mayor Roberson
presented testiinony on the city's behalf. Everyone that has some access to State
dollars will have to tighten their belts. Legislators were encouraged not to make more
cuts in aid. They were told to not be penny wise and pound foolish.
Q The neighborhood City Commission meeting will be postponed from March 25 until .
April. Leadership Newton will be joining the Commission March 25 for a work
session.
*3 February 22 is the date that State officials will make their recommendations on
designation of two downtown historic districts. Thursday night is a Historic
Preservation training workshop.
*:* City and County Commissioners are invited to meet with Rep. Tiahrt on February 18
regarding needs for the area. The City will present our need regarding Sand Creek
and potential sources of grants for the golf course.

February 1 1,2003
*:* Conference center proposals from the private sector are due on February 14. A
review committee will look at them and make a recommendation at the next meeting.
*I. Commissioners need to find a time to evaluate the performance of the City Manager
and City Attorney in March. Consensus was to do this at 4:00 p.m. on March 11.
7. Consider transition plan for the elimination of commercial trash service.
Staff was directed to develop a transition plan for abandoning the commercial refuse
collection operation. The proposal is to drop out of the business as of April 1, 2003. Some of
the smaller commercial customers could be served by the residential collection process. These
customers include those who could be served by no more than three 90-gallon carts. They will
have to follow the same rules as residential customers, which includes recycling. The proposed
plan is the dedicated commercial route would be discontinued on April 1, 2003. The City would
encourage continuation of service to any existing commercial customers who qualify for resident
pickup. Staff will place follow-up calls to customers who can use residential service. These
customers will be charged the same residential pricing as household goods. A letter would be
sent to those higher volume commercial customers who clearly cannot be served through the
residential route. Surplus City dumpsters will be collected and sold by sealed bid. It was noted
that the current commercial crew will be switched to.residentia1. One packer truck will be kept
for a back up for parts. The current residential collection schedule will remain the same.
City EngineerIDPW Loomis passed out a brochure explaining the new bulky item pickup
program which is being proposed. Citizens who need bulky waste picked up such as washers,
dryers, sofas, etc. could call the Sanitation Department and request this service. A fee would be
charged for the collection. Also included in the brochure is the roll-off dumpster rental. The cost
of the dumpster is $2,650 which will be offset with the sale of the commercial dumpsters.
Commissioners expressed their support of the bulky item service.
MOTION: Vice Mayor Heck moved to approve .the transition plan for
elimination of the commercial trash service. Commissioner Scott seconded the
motion which carried 5-0. .
8. Consider a golf course development agreement with J. Russell.
. --
This item was tabled until the next meeting.
9. Receive and review a draft ordinance providing substitute provisions for the Code
of Procedure.
City Attorney Myers noted that the Ordinance presented is a draft and will not need .
action at this meeting. A Charter Ordinance was adopted previously to allow Municipal Court to
be exempt from the Code of Procedure for Municipal Courts. Because of the need for an appeal
procedure to satisfy case law for SOBS,there was a need to expand the jurisdiction of Municipal
Court. With the reorganizatiordestablishment of the law department there is a need to codify a
number of changes that have been brought about. From this draft Ordinance those things that are
needed to be in place now will be adopted at the next meeting.

Februaty 1 1,2003
10. Receive and review a revised draft Ordinance for the licensing and regulation of
sexually oriented businesses.
The revised sections of the sexually oriented business Ordinance include the licensing
procedures, including new appeal procedures determined to be needed in the Ordinance by virtue
of new court decision. Those operating a SOB have a right to have a full measure of due process.
If there is a problem with a business there must be a process to appeal. Two appeal processes
would be possible with this draft ordinance. One is to municipal court and one is to district
court. The licensing section of the ordinance is modeled after what is already on the books for
liquor licenses. The final Ordinance will be brought back at the next meeting for adoption.
11. 1 2 &~ Main

~ intersection project
A. Receive a report from the City Engineer regarding the current status of
negotiations to acquire necessary right-of-way.
The improvement project at the 12' and Main intersection is new signals and alignment
of lanes. In order to make this happen the City needs right-of-way from the businesses
surrounding the intersection. City EngineerDPW Loomis shared slides showing where the right-
of-way and access control is needed. An appraisal was done on those locations where necessary.
A short executive session was requested to discuss preliminary 'matters regarding acquisition of
real estate. This is to be done at the end of the meeting.
I 12. Old Business.
City .4ttorney requested an executive session to discuss matters of litigation under

attorneylclient privilege.
The City, at a previous meeting, failed to pass a Resolution to authorize the TAC energy
savings work. A Resolution of the City of Newton, Kansas, authorizing improvements to certain
public buildings and providing for the payment of the costs thereof was considered.
MOTION: Commissioner Scott moved that this Resolution, assigned 1-992, be

approved as presented. Vice Mayor Heck seconded the motion which carried 5-0.
(This Resolution is contained in Volume D of Improvement Resolutions.)
City EngineerDPW Loomis gave an update on the Sand Creek Bank Restoration project.
The time schedule for everything has changed some due to discrepancies in the comparison of
hydraulic information. If this issue can be resolved, the Project Cooperation Agreement would
be ready for signature in August. She also presented the Co~mhissionwith a tentative schedule ..
for the Sand Creek housing development and golf course project.
Vice Mayor Heck asked what the status of the energy savings project was. He was
informed that the work is well underway.
13. New Business.

February 1 1,2003
Commissioner Harris noted that REAP is establishing a water committee and looking to
Newton to be the lead in this. This committee will look at the whole picture of water needs in
South Central Kansas. He suggested the committee be headed up by City staff.
Commissioner Scott suggested that with budget constraints the City won't be able to fund
any more social service agencies, but thought Grants Coordinator Spencer might be a useful
resource person for the Senior Center to help them find grants.
Mayor Roberson asked if staff could check into expanding the use of citations for certain
violations unless there is evidence to make an arrest such as a DUI. This would help cut down
on the time that the Police wait at the detention center.
MOTION: Commissioner Harris moved to recess to executive session for 15

minutes for the purpose preliminary discussion of acquisition of real estate and to
discuss matters under attorneylclient privilege. Vice Mayor Heck seconded the
The Commission took a five minute break. They then convened in executive session at
8:25 p.m. The Commission reconvened at 8:40 p.m.
B. Consider whether to authorize some or all of the right-of-way acquisitions

pursuant to existing proposal.

that the Commission authorize staff to acquire the necessary temporary and
permanent easements fiom Dillons, Bank of America arid Mid Continent Federal
for the appraised values plus acquire American General Finance temporary ,
easement in exchange for construction of a new concrete driveway to their
facility. Motion carried 5-0.
C. Consider adoption of a Resolution to commence the first step of the process to

acquire by condemnation some or all of the needed rights-of-way.
A Resolution determining the necessity of appropriating certain private property for use
by the City of Newton, Kansas, and authorizing a survey and description of such property to be
prepared and filed with the City Clerk was considered.
MOTION: Commissioner Loescher moved and Vice Mayor Heck seconded that
(This Resolution is contained in Volume E of General Resolutions.)
The City Attorney requested that authorization be given to the City Attorney and the City
Manager to conclude a settlement of the pending case of Pullen v. Straightline Manufacturing,
Inc. which also involves the City and the Kansas Department of Commerce and Housing, and
-
pertains to a Community Development Block Grant to the City for the purpose of an economic
development start-up loan to Straightline Manufucturing. This authorization would be
conditioned on the settlement including the following terms: (1) the City would consent to

February 1 1,2003
judgment establishing the priority of the Central Bank and Pullen security interests over that of
the City in the remaining Straightline personal property and allow the Pullen security interest to
be foreclosed subject to the continuing Central Bank interest; (2) Pullen would payor cause the
payment in full of all real estate and personal property taxes as to the former Straightline facility,
including applicable interest and penalties; (3) the City would agree to dismiss it's crossclaim
against Don Cary on his personal guaranty of the CDBG loan to Straightline Manufacturing in
exchange for a payment agreement; (4) the Cary payment agreement would involve an initial
payment to KDOCH of $10,000 with the remaining amount owed to be payable in four semi-
annual installments; (5) the City and KDOCH will forgive the payment of the first semi-annual
installment if Cary (or an aEliated entity) commences new business operations in the
Straightline facility with not less than nine full-time employees (or 9 FTEs) each earning wages
of not less than $14.00 per hour, and with one additional full-time employee (or FTE) to be
added by the end of that six-month period at not less than $10 per hour; (6) each subsequent
semi-annual installment will be also forgiven if Cary (or the affiliated entity) maintains that level
of employment and wages plus adds an additional full-time employee (or FTE) during each such
six-month period; and (7) if, at the end of any such six-month period these minimum
employment and wage levels have not been maintained, the unforgiven balance of the personal
guaranty becomes duemd owing in full. The City Attorney and City Manager would have the
authority to work out the wording and other remaining details of such a settlement agreement.
MOTION: Commissioner Harris moved that the requested authorization for such
a settlement be approved. Commissioner Loescher seconded the motion which
carried 5-0.
City Attorney Myers reported that the City vs. Waeker was set for March 10 at 9:00 a.m.
to approve the City's abatement plan.
14. Adjournment.
at 8:50 p.m. .. -
.
YO .--
--
ATTEST:

February 11,2Q03
: -. C'r.i.c;d:.' :;
RESOLUTION NO. I- @&
A RIESOLUTION OF THE CITY OF NEWTON, KANSAS, AUTHORIZING

IMPROVEMENTS TO CERTAIN PUBLIC BUILDINGS AND PROVIDING FOR THE
PAYMENT OF THE COSTS THEREOF.
and
for the purposes hereinbefore authorized and provided, issue bonds of the City for the financing
of the costs thereof; and
WlEXlEREAS,pursuant to the authority vested in the City by KAA. 7537,125 the City
has retained an energy conservation contractor who has determined that various improvements in
the nature of "energy conservation measures" as defined in K.S.A. 7537,125 can be made to
various public buildings owned by the City which would be paid in fullby acquired energy cost
savings, with the energy conservation contractor guaranteeing those savings; and
WHEREAS, the governing body of the City of Newton, Kansas, hereby finds and
determines it to be necessary to make the following "energy conservation measure7'
improvements to the following public buildings (the c'Improvements~'),to wit:
I Newton City Hall, consisting of instalSation of an energy management system, lighting

system improvements and mechanical system improvements;
Newton Public Library, consisting of instilation of an energy management system,

lighting system improvements and mechanical system improvements;
Newton Recreation Center, consisting of install&on of an energy management system;

lighting system improvements and mechanical system improvements;
I Fire Station No. I, consisting of lighting system improvements;
Fire Station No. 2, consisting of installation of an energy management system, lighting

-.
system improvements and mechanical system improvements;
I Service Center, consisting of lighting system improvements; and
I
Wl3EREAS, the governing body of the City of Newton, Kansas, hereby finds and
-
determines it to be necessary to provide for the payment of the costs thereof, all as provided by
said K.S.A. 12-1736, et seq., as amended and supplemented; and
'WHEREAS, the Director of Public Works has provided to the governing body plans and
specifications and estimates regarding the probable cost of s.xch improvements; and
WHEREAS, the Governing Body did on this 1 1th day of February, 2003, review and
approve such plans, specifications and cost estimates;
NOW THEREFORE, BE IT RESOLVED BY THX GOVERNING BODY OF THE

CITY OF NEWTON, KANSAS:
- -.
SECTION 1. Authorization. It is hereby authorized,b;dered and directed that the
Improvements shall be constructed pursuant to the plans and specifications received and
approved on this date by the governing body at an estimated construction and installation cost of
$9 15,775.00.
SECTION 2. Financing. The said Improvements are hereby authorized to be paid for,
in whole or in part, by the issuance of general obligation bonds, said bonds to be issued pur&ant
to K.S.A. 12-1737 to pay the costs of the Improvements, or to reimburse expenditures made by -
the City to the extent provided by U.S.Treasury Regulation Section 1.150-2. -
, -
SECTION 3. Effective Date. This Resolution shall take effect and be in force from and- - ' -
after its adoption by the governing body of the Citf. --.. --- -
ADOPTED by the governing body of the City of Newton,-Kansas, on 1lth day of

February, 2003.
Clerk a. .
TABULATION OF BIDS
Improvement: 2003 Annual Overlav Proiect

Project: S-2-03 and 03ST000010
Date: June 17,2003
- Shear's Sons
Item Nc Extension Extension
1
2
\ Broadway Mill and Overlay

1 Asphaltic Concrete 27248.22 TN $ - $ 1.30 $ 35,422.69 $ 1.30
2 Asphalt I Concrete Milling 4444.87 TN $ - $ 27.30 $ 121,344.95 $ 28.30
Sub-Total: $220,000.00 $ 156,767.64
-
-
Residential Streets Annual Mill and Overlay

1 Asphaltic Concrete 15229.11 TN $ - $ 1.43 $ 21,777.63 $ 1.43
2 Asphalt I Concrete Milling 2786.08 TN $ - $ 27.30 $ 76,059.98 $ 28.95
Sub-Total: $125,000.00 $ 97,837.61
4$ $y?~.~~$#'q&~
TOTAL CONTRACT BID: $455,000.00 d&342,63'3%72 $354,409.29 $387,861.I6 $422,562.44
Addendum #I Yes Yes Yes
Bid Bond: I I I I Yes I Yes Yes Yes
CITY COMMISSION MEETING MINUTES
July 5, 1989
The City Commission convened in regular session at

7:00 P.M. with Mayor Mathews and Commissioners Tompkins, Loyd,
Anderson and Claassen present. Also present were the Acting
City Manager, Assistant City Clerk and Assistant City
Engineer. The City Attorney was absent.
There being no additions or corrections to the minutes of
the June 21, 1989 Commission meeting, Commissioner Tompkins
moved their approval. Commissioner Claassen seconded the
motion and it carried unanimously.
..
The Assistant City Engineer presented plans for the street

repair project S-2-89 to the Commission for consideration.
Following discussion by the Commission, Commissioner Loyd made
the following motion "that Ordinance No. 3953 designating
certain streets in the city of Newton, Kansas as main traffic
ways, and Resolution No. G-415 authorizing the improvement or
reimprovement of certain main traffic ways and providing for
the payment and cost thereof be approved and that
.August 2, 1989 at 7:30 P.M. be set as the time and date for
receiving bids for the project". Commissioner Claassen
seconded the motion. The motion carried unanimously. This ...
.ordinance is contained in Volume S of ordinances. Resolution.
No. G-415 is contained in Volume B or resolutions. .
It now being 7:15 P.M., Mayor Mathews opened the Citizens1
Forum for items not on the agenda.
Pastor Vern Bender appeared and requested the Commission
to consider a resolution supporting adoption of a
constitutional amendment to prohibit desecration of the
American flag.
Mr. C.E. Patterson, 114 S.W. 5th, appeared and expressed
concern that no American flags were flying on Independence Day
at various City and County facilities and area churches.
Mrs. Robbie Bridges, Newton business operator and
resident,'appeared and presented a petition signed by local
citizens expressing concern for the recent outbreak of violence
and vandalism occurring on city streets. The petition requests
that a reasonable and fair curfew be imposed and enforced on
minor children. She also solicited support from parents and
community in accepting responsibility for the problem.
Hr. Calvin Supernois, 224 1/2 N. Main, addressed the
Commission regarding surface water problems and street and
alley conditions on South Main. He also discussed the green
LILY LommlSSlOn Meetlng Mlnutes
July 5, 1 9 8 9
Page 2
emergency light at 3rd & Main and stated it is a hazard to

pedestrians crossing Main Street.
There being no other citizens to come forward the Mayor
closed the Citizens' Forum.
The City Building & zoning Administrator presented a
policy providing for the placement of institutional signs on
City right of way. The policy provides for standard white on
green, 2 4 " x 2 4 " signs to be approved by the Director of Public
Works before installation. Commissioner Loyd moved approval of
the policy. .Commissioner Tompkins seconded the motion which
carried unanimously.
The Acting City Manager presented a request from
Mr. Victor H. Loebsack for the annexation of property adjacent
to the western edge of the Cherry Hills District. The
Commission considered Ordinance No. 3 9 5 2 annexing this area.
Commissioner Tompkins moved approval. .Commissioner Anderson
seconded the motion which carried unanimously. This ordinance
is contained in Volume S of Ordinances.
M r . Robert Good, representing the Newton Tree Board,
announced to the Commission that Newton has again received the
'Tree City USA' award and has the distinction of being one of
nineteen cities in the United States to have earned this award
annually since its inception. He presented the Commission with
the 1 9 8 9 - 9 0 Annual Tree Plan. Commissioner Loyd moved to
receive the plan. Commissioner Claassen seconded the motion
which carried unanimously.
The Commission took a short break at 7 : 5 2 P.M.
The Commission reconvened at 8:05 P.M.
Mr. Tim Richards and Mr. Tom Moore, of KG&E, presented a
proposal from their company to provide energy efficient
heating, cooling and hot water to twelve lots in the Quail
Creek area. The concept is a central system to all twelve
residences using a thermal storage system to be leased to
property owners at a substantial savings.
A proposal for purchase of thirty-four lots in the Quail
Creek area was received from Mr. E.B. Greenway. The proposed
contract includes guaranteed resale and payment of taxes.
A proposal from Mr. Carroll Harder to purchase eight lots
on South Quail Court at $ 1 0 0 0 per lot plus prorated taxes was
also received.
The Commission expressed that it is not their intent to
break up the lot package.
City Commission Meeting Minutes
July 5, 1 9 8 9
Page 3
&r. Steve Griswold, a Quail Creek property owner, stated

his concern over future development plans of the Quail Creek
area and requested that the City be fair and equitable to all
huilders and-to the community.
Mr. Stan Brodhagen, a Newton realtor, suggested a
compromise be reached between Mr. Greenway and Mr. Harder for
purchase of the lots.
gre missioner Claassen suggested that a joint proposal
possibility be researched and that the Commission table the
matter of disposition of the Quail Creek 1ots.until
&uly 1 2 , 1989. Commissioner ~ o y d seconded
' the motion which
Under Old Business, Mayor Mathews reported that he had
received the resignation of Evelyn Mathews from the Substance
Abuse Board. He reappointed Bonnie Tandoc to a three year
term. Commissioner Loyd moved to accept the Mayor's
appointment. Commissioner Claassen seconded the motion which
%be skatus of alley improvements west of Main from West
jth to Broadway and east of Main from East 2nd to East 3rd was
.requested. The Assistant City Engineer.addressed this
inquiry.
The mowing of the field west of Friendly Acres was
requested. Staff will take care of this matter.
- .. . fmprovements to the surface of Main Street were discussed.
eammIssioner Claassen requested that the Commission meet
in executive session to discuss non elected personnel matters.
Commissioner Tompkins made this motion. Commissioner Loyd
seconded the motion which carried unanimously.
The Commission recessed to executive session at
9:30 P.M.
The Commission reconvened at 9:40 P.M.
Playor p at hews announced that no decisions were made during
the executive session. -
The Acting City Manager reported on the recent meetings
with officials from the Bureau of Reclamation, EPA and Mayor
Mathews and City Staff held in Halstead on June 28, 1 9 8 9 . He
suggested that an interim agreement would be entertained by the
Bureau for completion of phase 111 of the water recharge
project. This agreement would allow an 80/20 reimbursement of
a11 costs incurred in the project.
LL LY Luluiusslun neeclng Pilnutes
July 5, 1989
Page 4
The Acting City Manager reminded Commissioners of the

budget work session scheduled for 8:30 A.M. July 11 and 12,
1989. He also reminded them of the luncheon engagement on July
12, 1989 with City officiais from Harvey County and Wichita
Mayor Bob Knight.
Under New Business, Conmissioner Loyd expressed his
support of Pastor Bender's suggestion regarding the desecration
of the American flag. He also requested input from both sides
regar&ing the requested curfew and asked staff to check into .
the legal status regarding the emergency light at 3rd & Main.
Mr. ~ a r . Sommerville,
r~ Newton resident, spoke to the
Commission against the imposing of a curfew and stated that
parents need to accept the responsibility, not the Police
Department.
Mayor Mathews read a letter from Mrs. Betty Miller
regarding young people's use of their time by hanging out and
requested that activities be provided to use this energy more
productively.
Mayor Mathews read a letter from the Kansas Department of
Transportation requesting highway improvement projects to be
submitted for their approval by August 1, 1989. Staff was
directed to prepare this list for Commission approval on
July 19, 1989.
Commissioner Loyd excused himself from the meeting at
10:24 P.M.
The Acting City Manager presented the Commission with
copies of the Comprehensive Annual Financial Repprt which has
been submitted for certification.
There being no further business to come before the
Commission, the meeting aajourned at 10:25 P.M.
ATTEST: .; ' . ,.. .-_

,. F , .
GILMORE b BELL
6/29/89
(Published in the NEWTON KANSAN, on JULY &, 1989.)
ORDINANCE NO. 3953

AN ORDINANCE DESIGNATING CERTAIN STREETS IN
THE CITY OF NEWTON, KANSAS, AS MAIN
TRAFFICWAYS WITHIN THE CITY OF NEWTON,
KANSAS.
WHEREAS, K.S.A. 12-685 provides that the governing body of
any city is authorized and empowered to designate and
establish, by ordinance as a main trafficway any existing or
proposed street, boulevard, avenue or part thereof, within
such city, the primary function of which is, or shall be, the
movement of .through traffic between areas of concentrated
activity within the city or between such areas within the city
and traffic facilities outside the city performing the
function of a major trafficway; and such designation by the
governing body shall be final and conclusive; and
WHEREAS, the governing body of the City of Newton, Kansas,
hereby finds and determines that certain streets within the
City of Newton, Kansas, should be designated and established
as main trafficways as provided by and under the authority-of
K.S.A. 12-685; and
THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY
OF NEWTON, KANSAS:
SECTION 1. It is hereby authorized, orderGd and
directed that the following streets in the City of Newton,
Kansas, shall be and hereby are designated and established as
main trafficways within the City, the primary function of
which is the movement of through traffic within the City,
under the authority of K.S.A. 12-685:
W. First Street
S.W. Second Street
S.W. Seventh Street
W. Twelfth Street
Emmaline Drive
N. Pine Street ,
N. Duncan Street
N. Logan Street
N. Spencer Street
N. Poplar Street
SECTION 2. This Ordinance shall take effect and be of
force from and after its passage and approval and publication
one time in the official city news2aper.
ADOPTED AND APPROVED by the Governing Body of the City of

Newton, Kansas, on July 5, 1989.
(Seal)
ATTEST :
Asst. City clerk

AFFIDAVIT OF' PUBLICATION
Janice Nesser
(First pubiished in THE NEWTON KANSAIU,
Julv 8,-1989.)
--- Being first duly sworn, deposes and says: That she is
I
-d
ORDINANCENO. 3963
AN* ORDINANCE DESIGNATING Business Director of
CERTAIN STREETS IN THE CITY
The Newton Kansan

the governing body ofany city 2s authorized
and empowered to designate and establish, by 1 and of general circulation in Harvey County, Kansas, and that said
ordinance as a main trafficwayany existing or newspaper is not a trade, religious or fraternal publication.
pmposed street, boulevard, avenue or part
thereof, within such city, the primary function
of which is, or shall be, the movement of Said newspaper is a daily published at least weekly 50 times a year;
through traffic between areas of concentrated
activity within the city or between such areas has been so published continuously and uninterruptedly in said
within the city and traffic facilities outside the county and state for a period of more than five years prior to the
city performing the function of a major traffi-
cway; and such designation by the governing first publication of said notice; and has been admitted at the post
body shall be final and conclusive; and, office of Newton, Kansas in said County as second class matter.
WHEREAS, the governing body of the City
of Newton, Kansas, hereby finds and deter-
mines that certain streets within the City of That the attached notice is a true copy thereof and was published
Newton, Kansas, should be designated and
established as main traffic~aysas provided by in the regular and entire issue of said newspaper for:
and under the authority of K.S.A. i2-685; and,
THEREFORE, BE IT ORDAINED BY THE
GOVERNING BODY OFTHE CITYOFNEW- '
SECTION 1. I t is herebv authorized. or- &insertions, the first publication thereof

dered anddirected thatthe'f~~lowin~streets in
thecityornewton, Kansas, shall beandhereby
are designated and established as main traffi- I being made as aforesaid on the 8th
cways within the City, the primary function of day of
whichis the movementofthrough trafficwithin
the City, y d e r the authority of K.S.A. 12-685:
W. First Street I July 1989 with
S.W. Second Street 1
S.W. Seventh Street
I
W. TwelRh Street
Emmaline Drive I
N. Pine Street 1
N. Duncan Street I
N. Logan Street
N. Spencer Street
N. Poplar Street
SECTION 2. This Ordinance shall take ef-
fect and be of force from and after its passage
and approval and publicationone time in the
official city newspaper.
ADOPTED AND APPROVED by the Gov- Subscribed and sworn to before me this -day of
erning Body ofthe City ofNewton, Kansas, on
July"5,1989.
Is1 Larry J. Mathews July 2004.
Mayor
(Seal)
ATTEST:
Is1 Shaton X. Petemen ,
Asst. City Clerk I Notary Public

May 27,2003
in the City Commission room at 201 East 6h Street. Attending were Mayor Heck, Vice Mayor
Scott and Commissioners Loescher, Roberson and Treaster. Also attending were City Manager
Duerksen.
Jason Reynolds, Hillcrest Community Church, provided the invocation. The Mayor then
CONSENT AGENDA
1. Review minutes of May 13,2003 Commission meeting.
2. Receive financial reports for April 2003.
3. Bar screening at Wastewater Treatment Plant
A. Receive plans and specifications for bar screening at the Wastewater Treatment
Plant.
B. Consider a Resolution finding advisable and authorizing the project.
C. Set date and time to receive bids.
Mayor Heck noted that item 3 was to be removed from the Consent Agenda.
MOTION: Commissioner Loescher moved and Vice Mayor Scott seconded to . -

approve the mended Consent Agenda. Motion carried 5-0. .
REGULAR AGENDA
.-- --
rc
--
4. Citizen's forum. .
Kevin Stubbs, Caring Hands Humane Society, asked for a work session with the.
Commission to discuss adding some subsections to Ordinance 4367-00, which would impose .'
stronger penalties on those who treat animals inhumanely. The City Manager, City Attorney and
Mr. Stubbs will get together and come up with some language to present to the Commission.
A. Receive a request to use Athletic Park for the 2004 Kansas Sampler Festival on
May 1-2,2004.

May 27,20Q3,
Shelley Keith-Black, CVB Director, asked to utilize Athletic Park on May 1 and 2, 2004
for the Kansas Sampler Festival. She also requested the use of the park beginning on April 26 to
get things set up for the Kansas Sampler Festival. The hours of the Festival will be 10:005:00
on May 1 and fkom 10:OO-4:00 on May 2.
MOTION: Commissioner Loescher moved to approve the request to use

Athletic Park for the Kansas Sampler Festival April 26. to May 4, 2004.
Commissioner Roberson seconded the motion which carried 5-0.
B. Receive a proclamation declaring the month of June as bbBusinessAppreciation

Month".
Tina Schmidt, Chamber of Commerce, read the proclamation declaring the month of June
as "Kansas Business Appreciation Month".
MOTION: Commissioner Roberson moved and Commissioner Treaster

seconded to approve the proclamation as read. Motion carried 5-0.
+ Surveys have been distributed to citizens and the results will be shared at the June 10
Commission meeting.
*' Revised budget proposals have been turned in. The 2004 budgets are due this week.
4' Staff has been in contact with USD officials regarding the Old Main Bridge. This will be
replaced some time during the next school year. School officials will need to assign or
recommend alternative pedestrian routes to school during construction of the bridge.
O The Police Department will be conducting a bicycle safety clinic on Saturday, June 14.
*3 Harvey County hosted a meeting to discuss the status of tax exemptions for independent
living units. There was not a clear consensus for the group as to what compromise
options are acceptable.
+ Sunset Townhomes apartment complex has been endorsed to receive low income tax
_ -
credits. There will be a major rehab of the 50-unit apartment complex.
.I
- - * .
Commissioner Roberson commended Park staff on how great the cemet&y looked forthe. ..
.F.
Memorial Day weekend. -. ..-
.-,. <
Mayor Heck stated he and the City Attorney attended the REAP legislative committee
meeting. Lobbyist gave an overview of the past legislative session and asked members to be
thinking about next year's legislative session and items REAP wanted to get attention. City
Attorney Myers noted that the Equus Beds Groundwater Management District board has
requested a proposed rate structure change for 2004. They will be looking at differential rates
for water users inside the boundaries of the District. Those outside the District boundaries might
be charged a different rate. This would impact municipalities.
Mayor Heck reported on the joint work session with the County Commission earlier in
the evening. An overview of the residential golf course development project was discussed as

g May 27,20!3%
well as solid waste and recycling. There was also discussion on budget issues that each
government might have in common. The idea of a joint governmental retreat was shared.
6. Consider developer agreement for residential golf course community.
City Manager Heinicke gave an overview of the golf course residential community
development. He reviewed the original proposal that was presented. There are a few things that
have changed from the original proposal. The one change is the new layout. Originally the
development layout was to have been a two-mile string fiom US 50 to 24' Street. The developer
has been able to obtain the land to the east so the development will be contained in a more
contiguous area bounded roughly by US 50, Anderson and 24& Street and the railroad tracks.
Estimated cost savings with the new alignment are $170,000 for the golf course and $300,000 for
the utilities. Since the land cost the developer substantially more, t k City will take 18% interest
in the land to the west of Anderson. The developer will still be paying $600,000 up fiont for
the golf course construction; $2,400 per lot assessment will be paid to the City; the developer
will pay for internal streets and utilities per normal policy; and the standard financial guarantees
will be required. When all the land swaps are made, the developer will have about $2 million
committed up fiont. This new layout provides for a better development. City Attorney Myers
noted that a lot of time and effort was spent putting this agreement together. Commissioners
expressed their appreciation to the developers for their willingness to help us through the project
and for their patience.
Commissioner Loescher stated he would be abstaining fiom voting because his company
has been working with the City and the developers to put together financing proposals for the
project. City Attorney Myers noted that Commissioner Loescher could vote because what he
was disclosing as a conflict is not a legally disqualifying conflict.
MOTION: Commissioner Treaster moved to enter into the Development

Agreement as proposed. Vice Mayor Scott seconded the motion which carried 4-
0-1 with Commissioner Loescher abstaining.
-
7. Consider acquisition of real estate for sludge disposal and residential golf course. -
community. - - .'
. - ? ? .
The City's commitment to the development project includes the acreage east of the
curved tracks. There is one parcel which extends west beyond the fracks and the' city intends $
use this for sludge disposal. This ground will replace some property in the'de~elo~ment project
which is currently used for sludge. Also, the area is nearby the wastewater treatment plant which
is a necessity for efficient operation. The land will be purchased with wastewater utility funds.
A Resolution of the City of Newton, Kansas, authorizing the acquisition of real estate for
purposes associated with the maintenance and operation of the City's sewage disposal facilities,
and providing for the payment of the costs thereof was presented. The property is described as:
A tract approximately 133 acres in size located in the Southeast Quarter (SEl4) of Section 25,
Township 22 South, Range 1 West of the 6' P.M. Harvey County, Kansas. The cost of the real
estate would be $332,500.00.

i? May 27,2003
-\ 1.
MOTION: Vice Mayor Scott moved that this Resolution, assigned G867, be
approved as presented. Commissioner Roberson seconded the motion which
carried 4-0-1 with Commissioner Loescher abstaining. (This Resolution is
contained in Volume E of General Resolutions.)
8. Direct staff to enter into a joint Planning Commission application with the
developers and OBO property owners of the proposed residential golf course
community for the annexation and zoning of the subject real estate, an initial R-3
zoning to be requested.
The first step in implementing the Developers Agreement is the annexation and zoning of
the property to be developed. The least time consuming method of doing this is to join with the
other property owners and developers in a single request for zoning. The initial application for
zoning would be an R-3 with the idea it can be zoned down to fit the residential development
when housing is built.
MOTION: Commissioner Roberson moved to direct staff to jcin with the

developers and other property owners in the development area in submitting an
application for the designation of an R-3 zoning classification for the property to
be included in the new housing subdivision and public golf course.
Commissioner Treaster seconded the motion which carried 4-0-1 with
Commissioner Loescher abstaining fi-om voting.
9. Receive consensus to proceed with skateboard park.
Liberty Spencer, PIOIGrants Coordinator, reported that in September 2002, the city
received numerous letters and phone calls from both children and adults in the community
stating their concerns about the need for new, safe equipment for the skating asea at Okerberg
Park. She noted that currently skateboarding is the sixth largest sport and is ranked bird among
kids ages 6-18, which makes it more popular than baseball. She has researched funding options,
visited with manufacturers and vendors of skatepark equipment and met with children and,. -
parents fi-om the community. A common theme from skatepark literature is that cities are not.
building these parks on their own. Most oRen they are built in collabofation with civic
organizations, church groups, local business community, parents etc. The Park-Department has' ..
started to make some improvements to theskating area. They have cleared &Vay dangerous
equipment and taken down the chain-link fence that once surrounded the area. The large earth
berms have also been removed, to create greater visibility to prevent vandalism and to promote a
safer environment. She presented four different concepts received from Skateway. The
equipment ranges in price from $35,000 up. Staff is seeking permission to pursue grant funds for
equipment for the skatepark. There are a number of grants available.
Commissioners inquired if the equipment could be added to at a later date and if having
this park would increase the insurance cost. They were informed that the components are mobile
and very sturdy and can be added to at any time. Additional insurance would not be xquired.
The Commission gave consensus to proceed with funding options for the skatepark.

May 27,2003
-r f
10. Consider a Resolution finding advisable and authorizing the overlay project on
West lStStreet: Meridian to Elm and West Broadway: Meridian to Elm and set date
and time to receive bids (June 17 at 11:OO a.m. is suggested).
A Resolution of the City of Newton Kansas authorizing the improvement or

reimprovement of West lSt,a main trafficway within the City of Newton, Kansas; and providing
for the payment of the costs thereof was considered. At the last meeting the Commission
indicated consensus to proceed with the overlays of West Broadway and West First. Both streets
are deteriorating and in poor driving condition. Approval of the Resolutions will enable than to
be bid along with the annual street maintenance program.
MOTION: Commissioner Loescher moved that this Resolution, assigned I996,

be approved as presented. Vice Mayor Scott seconded the motion which carried
5-0. (This Resolution is contained in Volume D of Improvement Resolutions.)
A Resolution of the City of Newton, Kansas authorizing the improvement or

reimprovement of West Broadway, a main trafficway within the City of Newton, Kansas; and
provided for the payment of the costs thereof was considered.
MOTION: Vice Mayor Scott moved that this Resolution, assigned 1-997, be
carried 5-0. (This Resolution is contained in Volume D of Improvement
Resolutions.)
I 11. Consider a right-of-way Ordinance.

I
12. Receive bids and award contract for Wheatridge sewer extension.
City EngineerIDPW Loomis stated good bids were received for the Wheatridge sewer
and would recommend awarding the bid to the low bidder, Rod's Ditching.
I
5
Bidder Bid Amount

Rod's Ditching $20,368.00 - Adz -
Bru-Den Construction $26,365.00
I Nowak Construction $27,898.90
Mies Construction $34,688.00
Penwell Equipment co. $70,743.00
MOTION: Commissioner Roberson moved to accept the bids and award the
contract to the low bidder, Rod's Ditching in the amount of $20,368.00.
Commissioner Treaster seconded the motion which carried 5-0.
13. Old Business.

y May 27,2003
* \
There was no old business.
14. New Business.
Mayor Heck reported that he attended a League meeting a week ago. Revenue sources
for cities were discussed. Other cities are going through the same thing Newton is. He also
recognized Chief Daily for the Police Department's Annual Report.
15. Adjournment.
at 8:20 p.m.
Mayor
ATTEST:

g May 27,2003
-3 h.
I
. A RESOLUTION OF THE CITY OF NEWTON, KANSAS AUTHROIZING THE
IMPROVEMENT OR REIMPROVEMENT OF WEST lst, A M4IN TRAFFICWAY
WITHIN THE CITY OF NEWTON, KANSAS; AND PROVIDING FOR TBE PAYMENT
OF THE COSTS THEREOF.
I
WHEREAS, K.S.A. 12-687 provides that the governing body of the city shall have the
power to improve or reimprove or cause to be improved or reimproved, any main trafficway or
trafficway connection designated and established under the provisions of K.S.A. 12-685 et seq.
(the "Act"), and such improvement or reimprovement may include grading, regarding, curbing,
recurbing, guttering, reguttering, paving, repaving, macadamizing, remacadamizing
constructing, reconstructing, opening, widening, extending, rounding comers, straightening,
relocating, building any necessary bridges and approaches thereto, viaducts, overpasses,
underpasses, culverts and drainage, trafficway illumination, traffic control devices, pedestrian
ways, or other improvement. or any two or more of such improvements or reimprovements and
the acquisition of right-of-way by purchase or condemnation when necessary for any of such
purposes; and
. WHEREAS, the Act provides that all costs of improvements or reimprovements

authorized under the pr6visions of the Act, including-acquisitionof right-of-way, engineering
costs, and all other costs properly attributable to such projects, shall be paid by the city at large
, and may be fimdeB, among others, by the issuance of generat improvements.bonds; and
I
WEIXREAS, the City Commission of the City of Newton, Kansas (the "City"), has
heretofore by Ordinance No. 3q53 of the City found and determined that West lS Street within
the City should .be designated and established as a main traEcway as provided by and under the
authohity of the Act; and
. .
and determines that .it is

by and under the author@
by and under the
I TBEREFORE,BE IT 1RESOLVED.BYTEKE CITY COIMMISSION OF THE CITY

QF NEWTON, KANSAS:'
SECTION 1. Project Authorization. It is hereby deemed and declared to be necessary

to improve or reimprove West l* Street from Meridian Road to Elm Street (the "Project"); and it
-.
..'-
is hereby authorized,'ordered and directed that said main trafficwaybe improved or reimproved
under the authority of the Act. Such improvements or reimprovements s h d be made in
accordance with plans 'md specifications therefore prepared or approved by the City Engineer.
SECTIOH 2, ~ h a n c i n gAuthority. The total estimated costs of the Project, including

construction, engineering fees, acquisition of right-of-way and easements, contingencies,
administrative expenses and expenses of financing, is $1 10,000, said costs being permitted to be
....
paid by the issuance of general obligation bonds-(the"~ogds%;6fthe.~it~'underthe &thoritjr of
the Act. The Bonds may be issued to reimburse expenditures hid<on or after the date which is
60 days before the date of this Resolution, pursuant.to ~re&uryRegulation 1.150-2. :
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March 9,1999
The Newton City Commission convened in regular session at 7:00 p.m. on March
9, 1999 in the City Commission room at 201 E. 6" Street. Attending were Mayor
Loescher, Vice Mayor Gaeddert and Commissioners Graber, Harris and Richards. Also
present were City Manager Heinicke, City Attorney Myers, City EngineerIActing DPW
Loornis, Director of FinanceICity Clerk Ahsmuhs, and Deputy City Clerk Duerksen.
Youth Ambassadors Hamlin and Schmidt were also present.
Pastor Mark Isaac of Koerner Heights provided the invocation. The Mayor then
led in the Pledge of Allegiance to the US flag and presided over the items of business.
City Manager Heinicke asked that Item #7 be removed from the Consent Agenda
to be discussed as a separate item.
Review Minutes of February 23, 1999 City Commission Meeting and

March 1,1999 work session.
Mayor Loescher made an addition to the work session minutes in the

motion to add to discuss personnel matters.
Request to close Athletic Park from 10:OO a.m. to 7:00 p.m. for
Freedom Ride on July 11,1999.
This request is for the use of Athletic Park as the destination for the 14'
Annual Ride for Jerry's Kids (Freedom Run) held to benefit Muscular
Dystrophy. It has been requested Athletic Park be closed from 10:OO a.m.
to 7:00 p.m. on July 11. Activities for the day will include a barbecue, live
auction, awards ceremony, and games.
Consider debt service and maintenance agreement with WWD #17.
This agreement formalizes'comrnitments by City of Newton, City of North

Newton, City of Halstead and City of Sedgwick to pay their share of debt
service in a timely manner for WWD #17 and provides protection to the
District and the member cities.
Consider resolution authorizing an amendment to the City's low

interest water loan agreement with the State of Kansas.
This Resolution authorizes the City of Newton, Kansas to enter into

amendment No. 1 to the Loan Agreement with the State of Kansas, acting
by and through the Kansas Department of Health and Environment, for the
$ City Commission Minutes

March 9.1999
purpose of obtaining a loan increase from the State to pay a portion of the
costs of a water works project; establishing a dedicated source of revenue
for repayment of such loan; authorizing and approving certain documents
in connection with the execution and delivery of such loan amendment;
and authorizing certain other actions in connection with the loan
amendment and the loan evidenced thereby and is assigned G-739 and is
contained in Volume C of General Resolutions.
5. Spencer Project Bonding
A. Consider Resolution finding Spencer Project advisable and

authorizing use of bonding to fund project.
This Resolution of the City of Newton, Kansas authorizes the

improvement or reimprovement of main traffic ways within the City of
Newton, Kansas; and provides for the payment of the costs thereof. It is
assigned No. G-740 and is contained in Volume C of General Resolutions.
B. Consider Ordinance declaring Broadway, a portion of 1" Street

and Spencer Road as a major trafficway.
This Ordinance designates certain streets within the City of Newton,

Kansas as main traffic ways. It is assigned No. 4289-99 and is contained
in Volume V of Ordinances.
6. Approve Resolution authorizing Centennial baseball field project.
This Resolution authorizes and provides for payment of the costs incurred
to construct improvements to Kenny Williams Field; and authorizes the
issuance of General Obligation Bonds of the City of Newton, Kansas, to
pay such costs. It is assigned No. G-741 and is contairried in Volume C of
General Resolutions.
MOTION ON CONSENT AGENDA: Commissioner Harris moved to

remove -item #7 from the consent agenda and approve the amended
consent agenda. Commissioner Richards seconded the motion which
carried 5-0.
7. Review bids received for construction of High Street from SE 13thto SE 14th
Street and award contract to low bidder.
City EngineerIActing DPW Loomis stated bids received were all over the
Engineer's Estimate. She has negotiated with the lowest bidder and they are willing to
come down to the Engineer's Estimate of $31,519.90.

Marc! 9: 1999
Bidder Total Bid Bid Bond
Asphalt Construction $34,166.00 Yes
Vogt's Construction $34,894.25 Yes
Kansas Paving $38,167.00 Yes
Whitewing Construction $58,450.12 Yes
MOTION: Commissioner Harris moved to accept the bids received for

construction of S. High Street fiom SE 13" to SE 14'~and award the
contract to Asphalt Construction in the amount of $31,519.90.
Commissioner Graber seconded the motion which carried 5-0.

There were no requests to appear for this item.
9. City Manager's Update
--Working on cost estimates for sewer extension west of town. Next step will be to meet
with citizens in the area.
--JDC Retreat on March 10 fiom 3:OO-9:OO. This is an opportunity to provide input and
direction for the next year.
--Will consider letter of intent to participate in municipal energy agency at a future
meeting. At some point we will face retail wheeling. Average consumer is the odd
man out and has no negotiating power this agency will help them. Might be some.
consulting costs to be shared by all involved. Vice Mayor Gaeddert asked how this
differs fiom REAP. Heinicke commented this will be an entity and not all who
participate in REAP will want to participate in this due to providing electric utilities to
their city.
--WWD 17 will take bids on construction of waterlines, wells and other appurtenances.
--48 hour pothole response team will be implemented. Hopefully this will allow response
to complaints before the potholes get bigger. Plan to have article in Kansan.
--Candidate forums have been scheduled at City Hall on March 18 sponsored by the
Kansan and March 30 sponsored by the Chamber. Starting time will be at 7:00 p.m.
--At April 5 work session would like to talk about meetings for Slate Creek stream
maintenance. Need Commission's guidance on how far the City will go and what we
promise to do. A public meeting will follow after that.
10. Receive public input regarding adding fluoridation to the water supply and
consider action to be taken.
City Manager Heinicke commented the City was approached by medical

professionals who were interested in fluoridation. They have gone around the area to
explain the benefits of having it. The Commission has asked to receive public comment
again at this meeting and then take action.
:.' City Commission Minutes

Marc4 9, 1999
Jon Jantz, Pediatrician, presented a petition circulated by local dentists which
currently has 1,130 signatures. Most signatures are from Newton residents over the age
of 18. He stated voting for fluoridation in the water would be voting in accord to what
the community wants.
Nathan Bainbridge commented on several studies done showing fluoride has

caused cancer in rats and mice. He commented 50% of fluoride taken in will remain in
the body. Sometimes what people want isn't always what is best for them. He feels
fluoride is not safe and is toxic to plants. Dr. Robert Mick has put up $20,000 for anyone
who can prove fluoride has beneficial effects that outweigh the risks. This challenge has
been open from 1950's and no one has taken him up on this. He encouraged the
Commission to vote against fluoridation of the water.
Bill Bainbridge stated if parents want fluoride for their children they can
administer it individually. He encouraged the Commission to leave the water the way it
is.
Doug G. Smokorowski commented he is against fluoride in water for health

reasons and questioned the base chemicals of fluoride.
Phil Zivnuska, President elect of the Kansas Dental Association, commented the
Dental Association strongly supports fluoridation. There are beneficial effects for
prevention of tooth decay. Every Surgeon General from the early 1950's have supported
fluoridation. There have been many claims throughout the years regarding claims of bad '
side effects of fluoridated water, but in none of them have deleterious side effects been
found. Many of those opposing fluoride want to keep government out of their lives. Cost
of fluoridation per person is less than one filling in a dentist office.
Glen Spielman, Sr. asked the Commission to consider putting fluoridation to the
vote of the people rather than them putting it into force. Let the people decide.
Michelle Armbrister spoke in support of fluoridation. She is in favor of it for her

children and for those who can not af3ord to receive the treatments.
Mayor Loescher thanked everyone for their input on this issue.
MOTION: Commissioner Harris moved to implement fluoridation and

authorize the City Manager to apply for the grant money. Vice Mayor
Gaeddert seconded the motion.
Mayor Loescher requested information on the cost of implementation of fluoride.

City Manager Heinicke stated the up front cost would be about $30,000. Cost for the
chemicals would be between $8,000-$12,000 a year and annual maintenance costs would

March 9, 1999
run between $10,000-$15,000. These figures come from the City's engineering
consultant who researched this issue and tried to bracket the costs.
Commissioner Richards commented he appreciated the response from the entire

community on this issue and is respectful of all the opinions. He feels this is for the
greater good of the community.
Commissioner Graber stated the benefits outweigh the negatives.
VOTE ON MOTION: Carried 5-0.
11. Convention and Tourism

.
A. Consider proposal for Convention and Visitors Bureau services from the
Chamber of Commerce.
Bev Metcalf, Chamber President, presented the revised proposal for providing
CVB services. She expressed appreciation for the o p p o d t y to work with the
Commission at their work session on March 1, 1999. The revised proposal would include
$30,000-marketing, $35,000-staff salary, $10,000-overhead, $2,000-administrative fee
for a total of $77,000. If the Commission accepts this proposal Ms. Metcalf will take it
back to the Chamber Board for their approval.
Vice Mayor Gaeddert commented they are now showing a $15,000 reduction in
marketing from $45,000 to $30,000 and asked how the tasks in the previous proposal
compare to the tasks to be done for $30,000. Emily Ogle, Chamber CEO, commented
there would be less response to going out to market. They will focus more within this
region and establish stronger relationships with nearby communities and utilize the
resources that are available through the Wichita CVB. She commented there will be less
face to face marketing and a reduction could come from advertising. They still want the
one to one contact as much as possible but will do what needs to be done to establish the
relationships. Vice Mayor Gaeddert inquired if they see the marketing budget staying
status quo as the relationships develop. Ms. Ogle commented it will go up in future years
as they become more familiar with what works and what doesn't. Any moneys realized
about a certain amount will go toward expanding programs.
Commissioner Richards asked if they will be able to develop methods to gauge

effectiveness of the efforts spent in the different areas. Ms. Ogle stated use of the motels
and their tracking will be helpful and contact with motorcoach companies would be
another method. There is a tracking method already in place that could be expanded to
focus on what they are looking at doing. Vice Mayor Gaeddert commented she would
also like to see some sort of tracking within the Chamber merchants to validate what kind
of dollars are really spent in the community. She feels the state tourism amounts are
inflated. Ms. Ogle thought this would'be a good method to include.

d Marc\ 9, 1999
Mayor Loescher commented it has been the directive from the Commission to free
up funds to put in attraction enhancements in the amount of $25,000-$35,000. He sees
that as accomplishable with this proposal. There will be an advisory board to help direct
how money should be spent to market. Ms. Ogle commented as they gain experience
they will come up with ways to develop additional marketing.
Commissioner Graber commented he would like to take out the $2,000

administrative fee and add it to the $10,000 for the marketing program. The contract
would then read the first $75,000 to CVB, the next $35,000 to the City and $12,000 to
program.
MOTION: Commissioner Graber moved and Vice Mayor Gaeddert

seconded to agree to a contract for services for CVB functions in the
amount of $75,000 of anticipated $122,000 of the transient guest tax with
the second $35,000 to be retained by the City upon collection from the
State for enhancements and the next $12,000 to be given to the Chamber
for additional services pending Chamber Board approval.
Commissioner Harris commended the Chamber and Mayor on hammering this out
to 40% of funds going for salaries and 60% for programs.
Commissioner Richards commented he appreciated the Chamber listening to what

the Commission wanted. Good things will develop as this program grows.
City Attorney Myers questioned what the next step would be and if the '
Commission wanted to see a fmal contract come back for approval or whether they were
authorizing a contract to be signed. City Manager Heinicke stated putting the new
numbers in is the only thing that would be changed in the contract and that it could be
brought back to the next meeting 'under consent agenda. The City Attorney commented
-there are some technical issues, which would not change the substance of the proposal,
he would like to clear up before the Commission signs the contract. The Chamber's
attorney and the City Attorney will review the contract.
VOTE ON MOTION: Carried 5-0.
B. Consider an Ordinance governing tourism expenditure authority.
An Ordinance amending Article 10 of Chapter I of the Code of the City of

Newton, Kansas, pertaining to Convention and Tourism, and repealing original Article 10
of Chapter I of the Code of the City of Newton, Kansas was presented.
The City Attorney summarized the contents of this Ordinance. There are two
changes made with this Ordinance: 1. Expenditure authority is given to the City
Commission rather than the CVB advisory board and 2. Recomposition of the CVB
advisory board giving them oversight of activities and to assist in an advisory capacity to

Marc4 9,1999
the Commission and Chamber and serve as a pool of expertise. City Manager Heinicke
suggested we allow the Chamber to review this ordinance and bring it back at the next
meeting. Myers questioned whether there is still time under the existing authority for the
Chamber to provided the service. Heinicke commented we are still within the time
frame.
MOTION: Vice Mayor Gaeddert moved and Commissioner Richards

seconded to table this Ordinance until the March 23 meeting. Motion
carried 5-0.
The Commission recessed 7:55 p.m. The Commission reconvened at 8:08 p.m.
12. Consider fireworks ordinance.
An Ordinance establishing certain days and hours during which the retail sale and
the discharge of certain fireworks shall be permitted within the City of Newton, Kansas,
and establishing the amounts of the application fees and performance bonds required for
permits to engage in the retail sale of fireworks in the City of Newton, Kansas, all as
provided under Ordinance No. 4226-97 of the City of Newton, Kansas was presented.
The City Manager gave a brief background on allowing fireworks within the City.
Days for sale and discharge need to be identified. He commented it would simplify
things for the citizens and law enforcement to discharge on the same days as sales are
allowed.
Mayor Loescher opened the floor for those wishing to speak to this issue.
Mary Caruthers of Mary's Enterprise encouraged the Commission to allow sales

and discharge on the same days. She commented a lot of stands are run by non-profit
'
organizations and she appreciates the Commission keeping the fee down.
Dick Krehbiel, owner of Wholesale Fireworks, commented sales were down last
year because of fewer days to sell. He would like to see an increase in the days for sales.
The Commission inquired of Police Chief Jackson whether discharge should be

the same days as sale of fireworks and if discharge should be allowed on the 5.' Chief
Jackson commented it would be best to allow discharge the same day as sales, but feels
once the 4~ is over the fireworks should be over.
Vice Mayor Gaeddert suggested if we allow five days for sale they should be June
3othto July 4'.
Commissioner Graber pointed out if it rains on the 4Ihand everything needs to be

cancelled fireworks still could be discharged on the 5'.

Marc! 9,1999
Commissioner Richards commented there will be more enforcement problems
with people who still have fireworks left over on the 51h because they will be discharging
them. He would favor allowing discharge on the 5'.
Commissioner Harris stated he would like to allow for discharge on a fifth day
which would be December 3 1". He supports sale of fireworks on July 1-4 and discharge
on those same days.
Mr. Krehbiel informed the Commission that the legislature is working on a bill
which will allow fireworks to be sold from December 21" through January 2ndand will be
allowed to be discharged on New Years Eve.
Mayor Loescher inquired when the holiday is observed after the 4fi if fireworks
sales increase. Mr. Krehbiel informed him their business increases by 15%. It is a good
day to sell because products are discounted.
Vice Mayor Gaeddert thought the fireworks fund was a source of revenue that
could be used for projects that don't go through the normal budget cycle. She would like
to maximize the money fi-om the sales and explore a longer time to sell and see the
ramifications.
MOTION: Commissioner Graber moved to approve Ordinance No.

4290-99 allowing the sale and discharge of fireworks fi-om July 1" t o u g h
July 5' with a $2,000 application fee and $1,000 refundable performance
bond. Commissioner Richards seconded the motion.
Vice Mayor Gaeddert asked to amend the motion to permit sale on the 30th. The
amendment died for lack of a second.
Commissioner Harris asked to amend the motion to allow for discharge on

December 3 1" if State law permits. Commissioners Graber and Richards
accepted the amendment to allow discharge on July 1-5 and December
3 lSt.
VOTE ON AMENDED MOTION: Carried 5-0. (This Ordinance is contained

in Volume V of Ordinances.)
13. Receive public comment for no parking, stopping, or standing on the east
side of Boyd between 5thStreet & Broadway from 2:45 p.m. to 3:30 p.m. on
school days and consider ordinance.
City EngineerIActing DPW Loomis informed the Commission notices were

delivered to neighbors in this area regarding the proposed no parking, stopping and
standing. She received a letter and a call in favor of this and they suggested the time be

Marc4 9~ 1999
from 1:30 p.m. to 3:30 p.m. Chief Jackson and Loornis have discussed the time change
and feel it would be a good change.
Mayor Loescher opened the floor for public input on this issue. No persons
wished to speak to this issue.
An Ordinance pertaining to the traff~cand parking regulations of the City of

Newton, Kansas, amending Article 2 of Chapter XXI of the Code of the City of Newton,
Kansas, by adding a new Section 21-218b thereto as to the designation of a limited time
no parking zone was considered.
MOTION: Vice Mayor Gaeddert moved that this Ordinance assigned

No. 4291-99 be approved with no parking between the hours of 1:30 p.m.
to 3:00 p.m. Commissioner Harris seconded the motion which carried 5-0.
(This Ordinance is contained in Volume V of Ordinances.)
14. Receive public input and consider an ordinance for no parking on north side
of SE gthfrom Spencer to Douglas. . .
City EngineerIActing DPW Loomis commented notices were mailed to adjacent

property owners informing them of the request for no parking on the north side of SE 9.'
This request originated fiom a property owner in the area. Large semis coming in to this
area cannot turn onto the street with parking allowed on both sides.
Emily Olge representing the Newton Area Industrial Park and the Greater Newton '
Foundation stated they have no objections to the request. Their covenant states no
parking is allowed on the streets in this area.
Dennis Pauls, owner of Daptect, has been in contact with Loomis regarding the
parking problem. Vehicles parking on both side leaves the inability to get semis in and
out of their driveway. Vehicles currently parked there are those of workers for a pipeline,
and owners of the vehicles are 30-miles away and cannot be easily contacted to have
them move their vehicles. The vehicles cannot be towed without incurring liability. He
feels removing parking on the north side.does not allow for the semis to get around the
comer. He would like' to see no parking within 30' of any driveway.' He handed out
illustrated pictures where cars are parked by their driveway and a vehicle going between
parked cars with little room to get through. SE 9th street dead ends and becomes a Venus
fly trap for trucks who make a wrong turn.
Chief Jackson has talked with Mr. Pauls. Emergency vehicles would not be able
to get through on this street if there was an emergency.
Robert Coleman, owner of a commercial building in the Industrial Park,

commented he does not oppose this.

Marc! 9,1999
Commissioner Richards inquired about the current covenants for the Industrial
Park property. Ms. Ogle commented the current covenant states no parking allowed on
the street.
Commissioner Graber asked if an alternative place can be found to park and

shuttle the employees to where they need to go. Ms. Ogle all who are involved are trying
to work together to solve the problem. ' ~ r Coleman
. commented they do not have to
furnish parking at this point in the lease because it is a temporary lease until May.
An Ordinance pertaining to the traffic and parking regulations of the City of

Newton, Kansas, amending Section 21-106 of the Code of the City of Newton, Kansas,
by adding a new subsection (ddd) thereto as to the designation of no parking zones was
considered
MOTION: Mayor Loescher moved that this Ordinance, assigned No.

4292-99, prohibiting parking on north and south side of SE 9th from
Spencer R ~ a dto Douglass Drive be approved and the south side no
parking not be enforced until June and signs be posted 30 feet from
driveways. Vice Mayor Gaeddert seconded the motion which carried 5-0.
(This Ordinance is contained in Volume V of Ordinances.)
15. Receive Newton Public Library annual report.
Cindy Nicholson, Library Board President, presented the 1998 annual report
which was prepared by Librarian Eichelberger and staff. Some of the projects completed
include the relocation and remodeling of the children's department; addition of a meeting
room located where the old children's department was; and restroom renovations to meet
ADA compliance. There were 58 volunteers who provided the Library 2,264 hours of
service this past year, which includes the VITA program. The Library has experienced an
increase in the children's summer reading programs and other children's activities. There
have been favorable compliments on the updated projects. She then reminded the
Commission of the Friends of Library book sale April 23 & 24.
Mayor Loescher expressed the Commission's appreciation for the information and
for the services the ~ i b & yprovides to the community.
MOTION: Commissioner Graber moved to accept the Newton Public

Library Annual Report for 1998. Commissioner Harris seconded the
16. Review bids received for Airport Construction Project and award contract.
City EngineerIActing DPW Loomis stated only one bid was received. They had
anticipated receiving more. Generally bids are required to be signed by the company and
this bids had the name typed; they did not bid the add alternates; and the water line work

March 9, 1999
-t .
was not addressed. She would like to take more time to put together specs that are more
detailed and do a better layout of the project. If the project is rebid at a later date there
will be less guessing for the design build. She recommended the bid be rejected and
rebid.
MOTION: Vice Mayor Gaeddert moved and Commissioner Richards

seconded to reject the bid received and receive bids at later date. Motion
carried 5-0.
17. Consider proposals for Airport and Department of Public Works from
Duhhaine Waeker.
Due to illness Mr. Waeker was unable to appear for his requested item.
18. Old Business
Vice Mayor Gaeddert inquired about the time frame for implementation of the
Environmental Hearing Officer position. City Manager Heinicke stated we need to
identify if the Municipal Judge is to act as the Hearing Officer or hire an attorney. The
Ordinance has been published and is in effect for new cases only. Current or ongoing are
still under the old system.
Commissioner Harris stated a few months ago he asked for properties owned by
the City throughout town be reviewed. Habitat for Humanity is looking for a building
site and he was wondering if we have a property that would work for this. City Manager '
Heinicke stated staff will follow up on this.
City Manager Heinicke commented bids for the relocation of water lines on
Spencer needed to be considered 'as an Old Business item. City EngineerIActing DPW
Loomis distributed a tabulation of bids received. All bids were over the Engineer's
Estimated. The consultant who did the design work used a different type of pipe than the
City normally uses. She is changing the pipe back to what the City normally uses and has
negotiated with the low bidder, Bru-Den Construction, Inc., who will do the work with
the pipe change for $99,536.00 which is less than the Engineer's Estimate.
Bidder Total Bid Bid Bond

Bru-Den Construction $101,760.00 Yes
Nowak Construction $168,086.00 Yes
Mies Construction $180,000.00 Yes
Engineer's Estimate $ 99,790.00
MOTION: Commissioner Graber moved and Commissioner Harris

seconded to reject the bids and negotiate with Bru Den Construction for
the relocation of water lines on Spencer with the amount not to exceed
$99,536.00. Motion carried 5-0.

C Marc4 9,1999
City EngineerIActing DPW Loomis informed the Commission the Spencer
Project bid letting will be March 17 with construction be begin approximately 30 days
after that.
Commissioner Richards inquired on the status of plans to reconstruct the alleyway

in Block 29. Loomis commented we are waiting on utilities to be moved in Block 29 and
then the City will have to acquire easement. This should happen this summer. Staff will
start getting plans and estimates ready to overlay other alleys.
Mayor Loescher reported on the annual evaluation of the City Manager conducted
at the March 1 work session. The Commission rated his performance in 4 categories on a
scale fiom 1-10. He noted Heinicke rated very high in the integrity and execution of
policy portion and commended him on the exceptional job he has done this year.
Commissioner Harris also added there was no change in his contract.
19. New Business
There were no New Business items.
20. Open Forum for non-agenda items presented by the public
There were no persons requesting to speak.
21. Adjournment
ATTEST:

Marc4 9,1999
03/02/1999
(Published in The Newton Kansan on March IS,1999)
ORDINANCE NO.4289-99
AN ORDINANCE DESIGNATING CERTAIN STREETS WITHIN THE CITY OF

NEWTON, KANSAS, AS MAIN TRAFFICWAYS.
WHEREAS, K.S.A. 12-685 (the "Act") provides that the governing body of any city is
authorized and empowered to designate and establish, by ordinance, as a main trafficway, any existing or
proposed street, boulevard, avenue or part thereof, within such city, the primary function of which is, or
shall be, the movement of through traffic between areas of concentrated activity within the city or between
such areas withiin the city and traffic facilities outside the city performing the function of a major
trafficway; and such designation by the City Commission shall be final and conclusive; and
WHIIREAS, the City Commission of the City of Newton, Kansas (the "Cityn),hereby finds and
determines that certain streets within the City should be designated and established as main trafficways as
provided by and under the authority of the Act.
THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF

NEWTON, KANSAS:
SECTION 1. Desienation. It is hereby authorized, ordered and directed that Spencer Road and
Broadway are located in the City and are hereby designated and established as main trafficways within the
City, the primary function of which is the movement of through traffic within the City, under the authbrity
of the Act.
SECTION 2. Effective Date. This Ordinance shall take effect and be of force from and after its
passage and approval and publication orie time in the official city newspaper.
PASSED AM) APPROVED by the City Commission of the City of Newton, Kansas, on
March 9, 1999, and APPROVED by the Mayor.
(Seal)
ATTEST:
(First 'published in THE N E W O N
KANSAN, Msrch 18,1999.).
STATE OF KANSAS,COUNTY OF HARVEY,ss
ORDINANCENO. 4289-99 Dennis R. Garrison
being frrst duly sworn, deposes and says: That he is Advertising
Manager of
v, Ks.A. I2-686 (the "Act")

pmmdes that the governing body of any city is
The Newfon Kansan
authorized and empowered to designate and a daily newspaper printed in the State of Kansas, and pub-
establish,.by ordinance, as a main trafficway, lished in and of general circulation in Harvey County,
any existing or propbsed street, boulevard. Kansas, with general paid circulation on a daily basis in
avenue or part thereof, within such city, the Harvey County, Kansas, and that said newspaper is not a
primary function of which is, or shall be, the trade, religious or fraternal publication.
movement of through traffic between areas of
concentrated activity within the city or Said newspaper is a daily published a t least weekly 50
between such areas within the city and traffic times a year; has been so published continuously 2nd uninter-
facilities outside the city performing the func- ruptedly in said county and state for a period of more than
'tion of a' major tr*cway, &d such designa- five years prior to the first publication of said notice; and
tion by the City Commission shall be final chid
conclusive; and has been admitted a t the post office of Newton, Kansas
W H E W , the City Commission of the in said County a s second class matter.
City of Newton, Kansas (the 'City"), hereby
finds and determines that certain streeta That the attached notice is a true copy thereof and was
within the City should be designated and published in the regular and entire issue of said newspaper
established as main trficwavs as orovided ,-
by and under the authority of &e A&-- for ,
8
., ,Pconsecutive weeks, the first publication
-ORE, BE IT ORDAINED BY
TEE CITP COMMISSION OF 'pa3 CITY thereof being made a s aforesaid on the 1 :?t..i
1
OF NEWTON. KANSAS: -- .
8~CI'IO~'l..~esinnation.It is hereby day of . .,r-, T.Cl-, , 1 9 L . with
:
authorized, ordered and directed that Spencer
Road and Broadway are located in the City subsequent publications being made on t h following dates :
and are hereby designated and established as
main trafficwayswithin the City, the primary
fuaction of which is the movement of through
traffic within the City, under the authority of
the Act. '
. . . SECTION 2. W v e Da ' his

Ordinance shall 'take eefcf-t force
. from and after its passage and approval and
; publication one timein the official uty liewa-
paPBT.,... :.'" i:.,.:.. . ; .... : . . . . :.
, PASSEID.ANDAPPROVED by the c i t y
: Commission of the Clty of Newton, Kansas,on
:
Subscribed and sworn to before me this -- day
--n of
.March '9,. 1999,. and APPROVED by the.
. Mayorff . .. - . . .. .. .:
'
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- ... ;eyer .
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s p. .
(Seal) 'z '
m ....-..... : .'!I','I .
, Ronald R h m * .. :":: j. - . . . . .
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' ". Printer's Fees $ 5 3 10 s-cat:, 05 Kmsm
Clerk . . s. ., ... .
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" ._. , .. 8
TABULATION OF BIDS
Improvement: 2003 Annual Overlay Proiect

Project: S-2-03 and 03ST000010
Date: June 17,2003
-
Kansas Paving APAC KS - Shear's Ritchie Paving Comejo & Sons

1 1 1 1
Unit Price Extension Unit Price Extension Unit Price Extension Unit Price Extension
Broadway Mill and Overlay

1 Asphaltic Concrete 27248.22 TN $
2 Asphalt 1Concrete Milling 4444.87 TN $
Sub-Total: $220,000.00
Residential Streets Annual Mill and Overlay

1 Asphaltic Concrete 15229.11 TN $
2 Asphalt I Concrete Milling 2786.08 TN $
Sub-Total: $125,000.00
'F*&"w'. yv;k%F$q
TOTAL CONTRACT BID: $455,000.00 %34~1633":67~ $354,409.29 $387,861 .I6 $422,562.44
Addendum # I Yes Yes Yes Yes
Bid Bond: Yes I Yes I Yes I I Yes
...
May 27,2003
in the City Commission room at 201 East $ Street. Attending were Mayor Heck, Vice Mayor
Scott and Commissioners Loescher, Roberson and Treater. Also attending were City Manager
Heinicke, City Attorney Myers, City EngineerJDPW Loomis, Director of FinanceKity Clerk
Duerksen.
Jason Reynolds, Hillcrest Community Church, provided the invocation. The Mayor then
CONSENT AGENDA
1. Review minutes of May 13,2003 Commission meeting.
2. Receive finandial reports for April 2003.
3. Bar screening at Wastewater Treatment Plant
A. Receive plans and specifications for bar screening at the Wastewater Treatment
Plant.
B. Consider a Resolution finding advisable and authorizing the project.
C. Set date and time to receive bids.
Mayor Heck noted that item 3 was to be removed from the Consent Agenda.
MOTION: Commissioner Loescher moved and Vice Mayor Scott seconded to .. -

approve the amended Consent Agenda Motion carried 5-0. .
- -*
REGULAR AGENDA . .
--
..-
4. Citizen's forum. .
Kevin Stubbs, Caring Hands Humane Society, asked for a work session with the.
.
Commission to discuss adding some subsections to Ordinance 4367-00, which would impose
stronger pendties on those who treat animals inhumanely. The City Manager, City Attorney and
Mr. Stubbs will get together and come up with some language to present to the Commission.
A. Receive a request to use Athletic Park for the 2004 Kansas Sampler Festival on
May 1-2,2004.
y City Commission Minutes

May 27,20Q3,
Shelley Keith-Black, CVB Director, asked to utilize Athletic Park on May 1 and 2, 2004
for the Kansas Sampler Festival. She also requested the use of the park beginning on April 26 to
get things set up for the Kansas Sarnpler Festival. The hours of the Festival will be 10:005:00
on May 1 and f?om 10:OO-4:00 on May 2.
MOTION: Commissioner Loescher moved to approve the request to use

Athletic Park for the Kansas Sampler Festival April 26 to May 4, 2004.
Commissioner Roberson seconded the motion which carried 5-0.
B. Receive a proclamation declaring the month of June as "Business Appreciation

Month".
Tina Schmidt, Chamber of Commerce, read the proclamation declaring the month of June
as "Kansas Business Appreciation Month".
MOTION: Commissioner Roberson moved and Commissioner Treater

seconded to approve the proclamation as read. Motion carried 5-0.
+ Surveys have been distributed to citizens and the results will be shared at the June 10
Commission meeting.
+ Revised budget proposals have been turned in. The 2004 budgets are due this week.
*> Staff has been in contact with USD officials regarding the Old Main Bridge. This will be
replaced some time during the next school year. School officials will need to assign or
recommend alternative pedestrian routes to school during construction of the bridge.
+: +Police Department will be conducting a bicycle safety clinic on Saturday, June 14.
The
Q Harvey County hosted a meeting to discuss the status of tax exemptions for independent
living units. There was not a clear consensus for the group as to what compromise
options are acceptable.
o3 Sunset Townhomes apartment complex has been endorsed to receive low income tax
-', . -
credits. There will be a major rehab of the 50-unit apartment complex.
- - - d
Commissioner Roberson commended Park staff on how great the cemet* looked forthe. ,.
Memorial Day weekend. ---
.-
.
Mayor Heck stated he and the City Attorney attended the REAP legislative committee
meeting. Lobbyist gave an overview of the past legislative session and asked members to be
thinking about next year's legislative session and items REAP wanted to get attention. City .
Attorney Myers noted that the Equus Beds Groundwater Management District board has
requested a proposed rate structure change for 2004. They will be looking at differential rates
for water users inside the boundaries of the District. Those outside the District boundaries might
be charged a different rate. This would impact municipalities.
Mayor Heck reported on the joint work session with the County Commission earlier in
the evening. An overview of the residential golf course development project was discussed as

y May 27,2003,>
*
well as solid waste and recycling. There was also discussion on budget issues that each
government might have in common. The idea of a joint governmental retreat was shared.
6. Consider developer agreement for residential golf course community.
City Manager Heinicke gave an overview of the golf course residential community
development. He reviewed the original proposal that was presented. There are a few things that
have changed fiom the original proposal. The one change is the new layout. Originally the
development layout was to have been a two-mile string from US 50 to 24h Street. The developer
has been able to obtain the land to the east so the development will be contained in a more
contiguous area bounded roughly by US 50, Anderson and 24h Street and the railroad tracks.
Estimated cost savings with the new alignment are $170,000 for the golf course and $300,000 for
the utilities. Since the land cost the developer substantially more, t b City will take 18% interest
in the land to the west of Anderson. The developer will still be paying $600,000 up front for
the golf course construction; $2,400 per lot assessment will be paid to the City; the developer
will pay for internal streets and utilities per normal policy; and the standard financial guarantees
will be required. When all the land swaps are made, the developer will have about $2 million
committed up front. This new layout provides for a better development. City Attorney Myers *.. .
noted that a lot of time and effort was spent putting this agreement together. Commissioners
expressed their' appreciation to the developers for their willingness to help us through the project
and for their patience.
Commissioner Loescher stated he would be abstaining fiom voting because his company
has been working with the City and the developers to put together financing proposals for the
project. City Attorney Myers noted that Commissioner Loescher could vote because what he
was disclosing as a conflict is not a legally disqualifying conflict.
MOTION: Commissioner Treaster moved to enter into the Development

Agreement as proposed. Vice Mayor Scott seconded the motion which carried 4-
0-1 with Commissioner Loescher abstaining.
'
7. Consider acquisition of real estate for sludge disposal and residential golf course ' .
community. . . -
......
The City's commitment to the development project includes the acreage east of the
curved tracks. There is one parcel which extends west beyond the tracks and the city intends 8,
use this for sludge disposal. This ground will replace some property in the'de~elo~ment project
which is currently used for sludge. Also, the area is nearby the wastewater treatment plant which
is a necessity for efficient operation. The land will be purchased with wastewater utility funds.
A Resolution of the City of Newton, Kansas, authorizing the acquisition of real estate for
purposes associated with the maintenance and operation of the City's sewage disposal facilities,
and providing for the payment of the costs thereof was presented. The property is described as:
A tract approximately 133 acres in size located in the Southeast Quarter (SE/4) of Section 25,
Township 22 South, Range 1 West of the 6thP.M. Harvey County, Kansas. The cost of the real
estate would be $332,500.00.

si
-.".
May 27,2003
MOTION: Vice Mayor Scott moved that this Resolution, assigned G867, be
approved as presented. Commissioner Roberson seconded the motion which
carried 4-0-1 with Commissioner Loescher abstaining. (This Resolution is
contained in Volume E of General Resolutions.)
8. Direct staff to enter into a joint Planning Commission application with the
developers and OBO property owners of the proposed residential golf course
community for the annexation and zoning of the subject real estate, an initial R-3
zoning to be requested.
The first step in implementing the Developers Agreement is the annexation and zoning of
the property to be developed. The least time consuming method of doing this is to join with the
other property owners and developers in a single request for zoning. The initial application for
zoning would be an R-3 with the idea it can be zoned down to fit the residential development
when housing is built.
MOTION: Commissioner Roberson moved to direct staff to j& with the

developers and other property owners in the development area in submitting an
application for the designation of an R-3 zoning classification for the property to
be included in the new housing subdivision and public golf course.
Commissioner Treater seconded the motion which carried 4-0-1 with
Commissioner Loescher abstaining fi-om voting.
9. Receive consensus to proceed with skateboard park.
Liberty Spencer, PIOIGrants Coordinator, reported that in September 2002, the city
received numerous letters and phone calls fi-om both children and adults in the community
stating their concerns about the need for new, safe equipment for the skating area at Okerberg
Park. She noted that currently skateboarding is the sixth largest sport and is ranked &d among
kids ages 6-18, which makes it more popular than baseball. She has researched funding options,
visited with manufacturers and vendors of skatepark equipment and met with children and :.
parents from the community. A common theme fiom skatepark literature is that cities are not.
building these parks on their own. Most ofken they are built in collabofation with civic
organizations, church groups, local business community, parents etc. The Park-Department has' ..
started to make some improvements to theskating area. They have cleared away dangerous
equipment and taken down the chain-link fence that once surrounded the area. The large earth
berms have also been removed, to create greater visibility to prevent vandalism and to promote a
safer environment. She presented four different concepts received fi-om Skateway. The
equipment ranges in price fi-om $35,000 up. Staff is seeking permission to pursue grant funds for
equipment for the skatepark. There are a number of grants available.
Commissioners inquired if the equipment could be added to at a later date and if having
this park would increase the insurance cost. They were informed that the components are mobile
and very sturdy and can be added to at any time. Additional insurance would not be ~quired.
The Commission gave consensus to proceed with funding options for the skatepark.

<:
-
May 27,2003
1
10. Consider a Resolution finding advisable and authorizing the overlay project on
West lStStreet: Meridian to Elm and West Broadway: Meridian to Elm and set date
and time to receive bids (June 17 at 11:OO a.m. is suggested).
A Resolution of the City of Newton Kansas authorizing the improvement or

reimprovement of West lSt,a main trafficway within the City of Newton, Kansas; and providing
for the payment of the costs thereof was considered. At the last meeting the Commission
indicated consensus to proceed with the overlays of West Broadway and West First. Both streets
are deteriorating and in poor driving condition. Approval of the Resolutions will enable than to
be bid along with the annual street maintenance program.
MOTION: Commissioner Loescher moved that this Resolution, assigned 5996,

be approved as presented. Vice Mayor Scott seconded the motion which carried
5-0. (This Resolution is contained in Volume D of Improvement Resolutions.)
A Resolution of the City of Newton, Kansas authorizing the improvement or

reimprovement of West Broadway, a main trafficway within the City of Newton, Kansas; and
provided for the payment of the costs thereof was considered.
MOTION: Vice Mayor Scott moved that this Resolution, assigned 1-997, be
carried 5-0. (This Resolution is contained in Volume D of Improvement
Resolutions.)
11. Consider a right-of-way Ordinance.
12. Receive bids and award contract for Wheatridge sewer extension.
City EngineedDPW Loomis stated good bids were received for the Wheatridge sewer
and would recommend awarding the bid to the low bidder, Rod's Ditching.
.. .. I
Bidder Bid Amount . .
Rod's Ditching $20,368.00 :=;
. --
Bru-Den Construction $26,365.00
Nowak Construction $27,898.90
Mies Construction $34,688.00
Penwell Equipment co. $70,743.OO
MOTION: Commissioner Roberson moved to accept the bids and award the
contract to the low bidder, Rod's Ditching in the amount of $20,368.00.
Commissioner Treaster seconded the motion which carried 5-0.
13. Old Business.

d May 27,2003
4 2
There was no old business.
14. New Business.
Mayor Heck reported that he attended a League meeting a week ago. Revenue sources
for cities were discussed. Other cities are going through the same thing Newton is. He also
recognized Chief Daily for the Police Department's Annual Report.
15. Adjournment.
at 8:20 p.m.
Mayor
ATTEST:

May 27,2003
-1 ^
..
.. .
IN OF THE CITY OF NEWT0N;KANSAS AUTHROIZING THE

IMPROVlEMENT OR REIMPROVEMENT OF WEST BROADWAY, A MAIN
TRAFFICWAY WITHIN THE CITY OF NEWTON, KANSAS; AND PROVIDING FOR
THE PAYMENT OF THE COSTS THERIEOF.
L
WHEREAS, K.S.A. 12-687 provides that the governing body of the city shall have the
power to improve or reimprove or cause to be improved or reimproved, any main trafficway or -
trafficway connection designated and established under the provisions of K.S .A. 12-685 et seq.
(the "Act7'), and such improvement or reimprovement may include grading, regarding, curbing,
recurbing, guttering, reguttering, paving, repaving, macadamizing, qnacadamizing,
constructing, reconstructing, opening, widening, extending, rounding corners, straightening,
relocating, building any necessary bridges and approaches thereto, viaducts, overpasses,
underpasses, cuIverts and drainage, trafficway illumination, traffic control devices, pedestrian
ways, or other improvements or any two or more of such improvements or reimprovements and
the acquisition of right-of-way by purchase or condemnation when necessary for any of such - - -
purposes; and - -- F
WEIEPIEAS, the Act provides that a11 costs of impfovements or reimprovements

authorized under.the provisions of the.Act, includkg acquisition of right-of-way, engineering
costs, and all other costs properly attributable to such projects, shall be paid by the city at large
and may be fimded, among others, by the issuance of .generalimprovements bonds; and
WHEREAS, the City Commission of the City of Newton, Kansas (the "City"), has
heretofore by Ordinance No.$28+9qof the City found and determined that West Broadway
within the City should be designated and established as a main trafficway as provided by an8
under the authority of the Act; and
WHERIElhS, said City Commission hereby further findsand determines that it is

necessary to improve or reimprove said main trafficway, as provided by and under the authority
of the Act, and to provide for the payment of the costs thereof as provided by and under the
authority of the Act.
THEIREFORE, BE IT RESOLVED ,BY THE CITY COMMISSION OF TBE CITY

OF NEWTON, KANSAS: . . -,
SECTIOPI 1. Project Authorization. It'is hereby deemed and declared to be necessary

to improve or reimprove West Broadway &om Meridian ~ o a to d Elm Street (the %ojecY7); and. ..
it is hereby authorized, ordered and directed that said main trafficwaybe improved or
reimproved under the authority of the Act. Such ieovements or reimprovements shall be
made in accordance with plans and specifications therefore.preparedor approved by the City
Engineer.
SECTION 2, Financing Authority. The total estimated costs of the Project, including
construction, engineering fees, acquisition of right-of-way and easements, contingencies,
...
administrative expenses and expenses of financing, is 6200,000,s~idcosts being permitted to be

paid by the issuance of general obligation bonds (the "Bonds") of the City under the authority of
the Act. The Bonds may be issued to reimburse expenditures made on or a f e .the date which is.
60 days before the date of this Resolution, pursuant to Treasury Regulation $1.150-2. . .
SECTION 3. Effective Date. This Resolution shaIl take effect and be in Ml force &om
and after its adoption by the City Commission of the City. I
- -- -
ADOPTED by the City Commission of the City of Newton, Kansas, on May 27,2003.
ATTEST:
05/18/2004

HELD ON MAY 25,2004
The City Commission met in regular session at the usual meeting place in the City, at 7:00 P.M.,
HECK, TREASTER, JONES, LOESCHER & SCOTT,
Absent: NONE
(Other Proceedings)
Thereupon, and among other business, there were presented certain documents relating to the
following described improvements heretofore authorized by the governing body:
Project No. 1 - Stratford Place Addition - Sanitary Sewer Line Extension Improvements
Resolution No. 1-969

Construction of a sanitary sewer line extension to serve Lots 1 through 8, Block 10; Lots 3, 6, 7
and Lots 41 through 57, Block 4; and Lots 7 and 10, Block 6; all in Stratford Place Addition, an
Addition to the City of Newton, Harvey County, Kansas (Sewer District No. 3 1-E).
-
Project No. 2 Stratford Place Addition - Water Line Extension Improvements

I Construction of a water line extension to serve Lots 1 through 8, Block 10; Lots 41 through 57,
Block 4; Lots 2 through 11, Block 6; and Lots 8 through 12, Block 7; all in Stratford Place
Addition, an Addition to the City of Newton, Harvey County, Kansas (Water District No. 19-E).
-
Project No. 3 Stratford Place Addition - Street Improvements

Construction of street pavement, curb and gutter in Stratford Place Addition, an Addition to the
City of Newton, Harvey County, Kansas.
Project No. 4 - Autumn Glen Addition - Water Line Extension Improvements

Construction of a water line extension to serve Lots I through 7, Block 1; Lots 1 through 7, Block
4; Lots 1 through 8, Block 5; and Lots 1 through 17, Block 6, all in Autumn Glen Addition, an
Addition to the City of Newton, Harvey County, Kansas (Water District No. 23-A).
JLN\403552\ASSESSMENTSPHASE 1 (05-18-04)
Construction of a water line extension to serve Lot 8, Block 1, Autumn Glen Addition, an
Project No. 5 - Autumn Glen Addition - Sanitary Sewer Line Extension Improvements

Construction of a sanitary sewer line extension to serve Lots 1 through 8, Block 1; Lots 1 through
7 and Lots 23 through26, Block 4; Lots 1 through 8, Block 5; and Lots 1through 17, Block 6, all
in Autumn Glen Addition, an Addition to the City of Newton, Harvey County, Kansas (Sewer
District No. 34-A).
-
Project No. 6 Autumn Glen Addition - Street Improvements

Construction of street pavement, curb and gutter in Autumn Glen Addition on Autumn Glen
Parkway from the East line of South Kansas Avenue to the East line of Lot 7, Block 1 of said
Addition, and on Autumn Glen Court fiom the North line of Autumn Glen Parkway as a cul-de-
line of Autumn Glen Parkway as a cul-de-sac serving Lots 1 through 17, Block 6 of said
Addition, and on Autumn Ridge Erom the South line of Autumn Glen Parkway to the South line
of Lot 8, Block 5 of said Addition.
Project No. 7 -Autumn Glen Addition - Drainage Improvements

Construction of drainage improvements in Autumn Glen Addition, an Addition to the City of
Newton, Harvey County, Kansas.
Project No. 8 - Weber Addition - Sanitary Sewer Line Extension Improvements

Construction of a sanitary sewer line extension to serve Lots 1 through 3, Block 1, Weber
Addition, an Addition to the City of Newton, Harvey County, Kansas (Sewer District No. 33-B).
-
Project No. 9 - Westhaven Third Addition Water Line Extension Improvements

Construction of a water line extension to serve Lots 9 through 15, Block 1; and Lots 1 through 11,
Block 2, Westhaven Third Addition, an Addition to the City of Newton, Harvey County, Kansas
(Water District No. 11-D).
Project No. 10 - Westhaven Third Addition - Sanitary Sewer Line Extension Improvements

Construction of a sanitary sewer line extension to serve Lot 11, Bock 1; and Lots 1 through 11,
(Sewer District No. 10-R).
Project No. 11 - Ragsdale's Addition - Sanitary Sewer Line Extension Improvements

Construction of a sanitary sewer line extension and a lift station to serve Lot lA, Block 14, of a
replat of Lots 1 through 21 and the West half of Lot 22, Block 14, Ragsdale's Addition, an
Addition to the City of Newton, Harvey County, Kansas (Sewer District No. 1-A).
-
Project No. 12 Westhaven Third Addition - Street Improvements
-

Construction of street pavement, curb and gutter in Westhaven Third Addition, an Addition to the
-
Project No. 13 Autumn Glen 1st and 2nd Additions - Water Line Extension Improvements

Construction of a water line extension to serve Lots 1 through 7, Block 1, Autumn Glen 2nd
Glen Addition, an Addition to the City of Newton, Harvey County, Kansas (Water District No.
23-B).
Project No. 14 - Autumn Glen 1st and 2nd Additions - Sanitary Sewer Line Extension Improvements

Construction of a sanitary sewer line extension to serve Lots 1 through 7, Block 1, Autumn Glen
2nd Addition, an Addition to the City of Newton, Harvey County, Kansas; and Lots 8 through 22,
Glen Addition, an Addition to the City of Newton, Harvey County, Kansas (Sewer District No.
34-B).
Project No. 15 - Autumn Glen 1st and 2nd Additions - Street Improvements
Resolution No. I-980-B

Paving of portions of Autumn Glen Parkway, Autumn Ridge, Duncan and Autumn Glen Court in
Autumn Glen Addition and in Autumn Glen 2nd Addition, to the City of Newton, Harvey County,
Kansas.
Project No. 16 - Wheatridge Addition (Phase III) - Street Improvements

Construction of street pavement, curb and gutter in Wheatridge Addition (Phase III) to serve Lot
20, Block 1; Lots 22 and 23, Block 2; all in Wheatridge Addition to the City of Newton, Harvey
County, Kansas; and Lots 11through 15, Block 5, Turkey Red Subdivision to the City of Newton,
Harvey County, Kansas.
-
Project No. 17 - Westwood Addition Sanitary Sewer Line Extension Improvements

Construction of a sanitary sewer line extension to serve Lots 1 through 21, Block 1; Lots 1
through 10, Block 2; and Lot 6, Block 5; all in Westwood Addition, an Addition to the City of
Newton, Harvey County, Kansas (Sewer District No. 35-A).
JLN\403552\ASSESSMENTSPHASE 1-(05-18-04)
3
Project No. 18 - TFDM Addition - Street Improvements

Extension of Windward Drive to South Kansas Avenue, consisting of the construction of
approximately 1,014 lineal feet of concrete paving with curb and gutter, and all related paving
and drainage appurtenances.
Project No. 19 - Stone Creek Estates - Street Improvements

Extension of street pavement, curb and gutter in Stone Creek Estates to Duncan Street.
-
Project No. 20- Stone Creek Estates Sanitary Sewer Line Extension Improvements

Construction of a sanitary sewer line extension to serve Lots 18 through 22, Block 3; and Lots 5
through 7, Block 4; all in Stone Creek Estates, an Addition to the City of Newton, Harvey
County, Kansas (Sewer District No. 2943).
Project No. 21 - Stone Creek Estates - Water Line Extension Improvements

Block 4; all in Stone Creek Estates, an Addition to the City of Newton, Harvey County, Kansas
(Water District No. 5-1).
Project No. 22 - Crestview Addition - Street Improvements

Extension of 347 linear feet of street pavement, curb, gutter and related improvements in
Crestview Addition to the City of Newton, Harvey County, Kansas.

Construction of a sanitary sewer line extension to serve Lots 4 and 5 and Lots 8 through 40,
Block 4; and Lots 9 through 14, Block 10; all in Stratford Place Addition, an Addition to the City
of Newton, Harvey County, Kansas (Sewer District No. 3 1-F).
Project No. 24 - Stratford Place Addition - Water Line Extension Improvements

Construction of a water line extension to serve Lots 7 through 13, Block 3; Lots 2 through 20;
and Lots 33 through 46, Block 4; and Lots 9 through 14, Block 10, all in Stratford Place Addition,
an Addition to the City of Newton, Harvey County, Kansas (Water District No. 19-F).
Project No. 25 - Crestview Addition - Street Improvements

Extension of street pavement, curb and gutter on Plum Street in Crestview Addition fiom 16th
Street to 17th Street.
JLPA403552MSSESSMENTS PHASE 1 (05-18-04)
4
Project No. 26 - Stratford Place Addition - Street Improvements

Extension of street pavement, curb, gutter, storm sewer and related appurtenances in Stratford
Place Addition.
Project No. 27 - Wheatridge Addition - Sanitary Sewer Line Extension Improvements
~esolutionNo. 1-995
Construction of a sanitary sewer line extension, four manholes and related appurtenances to serve
Lots 1 through 23, Block 2, Wheatidge Addition, an Addition to the City of Newton, Harvey
County, Kansas (Sewer District No. 30-A4).
Project No. 28 - Turkey Red Village Addition and Wheatridge Addition - Street Improvements

Extension of street pavement, curb, gutter and related appurtenances in Turkey Red Village
Addition and Wheatridge Addition.
The documents presented are as follows:
Exhibit A - Statement of Final Costs

Exhibit B -Assessment Roll Certification
Exhibit C - Notice of Public Hearing
Exltibit D - Form of Notice of Hearing and Statement of Cost Proposed to be Assessed.
After full considerationthereof, Commissioner LOESCHER moved to take the following action:
1. Approve each of said documents;

2. Establish June 8,2004 at 7:00 P.M. to meet for the purpose of hearing any and all written
or oral objections to the respective assessments set forth therein;
3. Cause the City Clerk to publish the Notice of Public Hearing (Exhibit C) in the official
City newspaper not less than 10 days prior to such public meeting date;
4. Mail the Form of Notice of Hearing and Statement of Cost Proposed to be Assessed
(Exhibit D) to each and all owners of property affected by such assessments at their last
known post office address on the same date as the publication of Notice of Public
Hearing (Exhibit C); and
5. File each of said documents of record in the office of the City Clerk and make the same
available for public inspection.
The motion was seconded by Commissioner SCOTT, and approved by the following roll call
vote:
Yea: HECK, TREASTER, JONES, LOESCHER & SCOTT.
Nay: NONE.
JLM403552L4SSESSMENTSPHASE 1 (05-18-04)
5
1 CERTIFICATE
proceedings of the governing body of the City of Newton, Kansas, held on the date stated therein, and that
the official minutes of such proceedings are on file in my office.
***,,ti, ' -,'

.,%"'
. .;"EA@& . ,
>.
1
.... . ... k ' ,
JLN\403552\AsSESSMENTS PHASE 1 (05-18-04)

6
EXHIBTA-I
STATEMENT OF FINAL COSTS
A-1
-
- -

2004 INTERNAL IMPROVEMENT PROJECTS
SUMMARY OF FINAL COSTS
Resolution No. 1-969: Construction o f Sanitaw Sewer Extension Improvements, Stratford Place
Addition, Sewer District 31-E
Estimate: $81,888.42
Construction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $45,484.00
Engineering . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7,312.96
Fiscal, Administration, Miscellaneous . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2,046.78
Total Project Cost . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $54,843.74
100% Benefit District
0% City-at-Large
Resolution 1-968: Construction o f Water Line Extension Improvements, Stratford Place Addition,
Water District 19-E
Construction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $31,015.00
Engineering . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4,962.40
Total Projectcost.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $37,373.08
0% City-at-Large
Resolution No. 1-970: Construction o f Street Improvements o n Kinqslev Avenue and Paddinqton
Avenue. Stratford Place Addition
Estimate: $235,057.67
Construction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $137,954.25
Engineering . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21,248.69
Fiscal, Administration, Miscellaneous . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6,207.94
Total Project Cost . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $165,410.88
96.1 5% Benefit District
3.85% City-at-Large
Resolutions No. 1-963 & 1-1005: Construction of Water Line Extension Improvements, Autumn Glen
Addition, Water District 23-A
Estimate: $105,867.13
Construction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $70,302.00
Engineering . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3,610.44
Fiscal, Administration, Miscellaneous . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.1 63.59
Total Project Cost . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$77,076.03
0% City-at-Large
Resolution No. 1-962: Construction of Sanitarv Sewer Extension Improvements. Autumn Glen
Addition, Sewer District 34-A
Estimate: $247,805.00
Construction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $133,727.50
Engineering . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7,422.30
0% City-at-Large
-
Resolution No. 1-964 Construction o f Street Improvements on Autumn Glen Parkwav and Autumn
Glen Court, Autumn Glen Addition
Estimate: $392,000
Construction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$295,025.95
Engineering . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15,251.52
0% City-at-Large
Resolution No. 1-966 -Construction of Drainaae Imerovements, Autumn Glen Addition

Estimate: $360,000
Construction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $327,829.35
Engineering . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .17,547.42
0% City-at-Large
-
Resolution No. 1-967 Construction o f Sanitarv Sewer Extension Imerovements. Weber Addition,
Sewer District 33-8
Construction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $10,620.78
Engineering . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1,916.46
Fiscal, Administration, Miscellaneous . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 477.93
0% City-at-Large
-
Resolution No. 1-972 Construction o f Water Line Extension Improvements, Westhaven Ill Addition,
Water District II - D
Construction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $21,128.00
Engineering . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3,380.48
0% City-at-Large
-
Resolution No. 1-971 Construction of Sanitarv Sewer Extension Improvements, Westhaven Ill
Addition, Sewer District 10-R
Construction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $20,155.00
Engineering . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3,224.80
0% City-at-Large
Resolution No. 1-974 -Construction of Sanitary Sewer Extension Im~rovements,Raasdale's Addition,

Sewer District No. I - A
Estimate: $344,873.1 3
Construction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$246,934.72
Engineering . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .-0-
15.128% Benefit District
84.872% City-at-Large
-
Resolution No. 1-973 Construction of Street lmprovements on Countrv Lane & West 1 7 ' ~Street,
Westhaven Ill Addition
Estimate: $155,509.53
Construction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$104,301 .50
Engineering . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18,662.68
Fiscal, Administration, Miscellaneous ................................. 4,693.57
Total Project Cost . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$127,657.75
2.48% City-at-Large
Resolution No. 1-978 -Construction of Water Line Extension Improvements. Autumn Glen Addition,
Water District 23-B
Estimate: $1 14,500.00
Construction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $83,953.85
Engineering . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2,118.79
Fiscal, Administration, Miscellaneous . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3,777.93
0% City-at-Large
-
Resolution No. 1-977 Construction of Sanitarv Sewer Extension Improvements, Autumn Glen
Addition, Sewer District 34-B
Estimate: $129,500.00
Construction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $106,008.00
Engineering . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2,727.18
Total Project Cost . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1 13,505.54
0% City-at-Large
-
Resolution No. I-980-B Construction o f Street Improvements, Autumn Glen Addition
Estimate: $514,000.00
Construction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $442,336.65
Engineering . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23,455.48
0% City-at-Large
-
Resolution No. 1-973-B Construction of Street Improvements o n Windward Drive, Wheatridqe
Addition
Construction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$33,009.00
Engineering . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5,281.44
5.80% City-at-Large
Resolution No. 1-985 -Construction of Sanitarv Sewer Extension Improvements, Westwood Addition,
Sewer District 35A
Estimate: $179,559.55
Construction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$83,054.50
Engineering . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4,323.81
Fiscal, Administration, Miscellaneous . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.737.46
Total Project Cost . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $91 ,I 15.77
0% City-at-Large
-
Resolution No. 1-981 Construction of Street Improvements on Windward Drive t o South Kansas
Avenue. TFDM Addition
Estimate: $300,137.78
Construction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$266,100.49
Engineering . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32,181.30
Total Project Cost . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$310,256.31
17.53% City-at-Large
-
Resolution No. 1-988 Construction of Street Improvements t o Duncan Street, Stone Creek Estates
Addition
Estimate: $127,400.43
Construction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $73,902.50
Engineering . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7,230.58
0% City-at-Large
-
Resolution No. 1-983 Construction of Sanitarv Sewer Extension Improvements, Stone Creek Estates
Addition, Sewer District 29-H
Construction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $22,835.00
Engineering . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3,653.60
Total Project Cost . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $27,516.1 8
0% City-at-Large
-
Resolution No. 1-984 Construction of Water Line Extension Improvements, Stone Creek Estates
Addition. Water District 5-1
Construction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $12,215.00
Engineering . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1,954.40
Fiscal, Administration, Miscellaneous . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 549.68
0% City-at-Large
-
Resolution No. 1-982 Construction of Street Improvements i n the 1700 Block of North Poplar,
Crestview Addition
Construction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $35,680.50
Engineering . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6,422.49
0% City-at-Large
-
Resolution No. 1-987 Construction of Sanitarv Sewer Extension Improvements, Stratford Place . -
Addition. Sewer District 31-F
Construction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $44,110.50
Engineering . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7,927.52
0% City-at-Large
Resolution No. 1-986 -Construction of Water Line Extension Improvements, Stratford Place Addition,
Water District 19-F
Construction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $49,547.00
Engineering . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7,057.68
0% City-at-Large
.Resolution No. 1-989 -Construction of Street lmprovements i n the 1700 Block o f North Plum Street,
Crestview Addition
Construction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $31,799.00
Engineering . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5,723.82
.
0% City-at-Large
Resolution No. 1-991 -Construction of Street Improvements, Stratford Place Addition

Estimate: $363,100.00
Construction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $263,632.50
Engineering . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46,517.85
Fiscal, Administration, Miscellaneous . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11-863.47
2.74% City-at-Large
Resolution No. 1-995 -Construction of Sanitary Sewer Extension Improvements. Wheatrid~eAddition,

Sewer District 30-A4
Construction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $21,593.00
Engineering . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3,258.88
0% City-at-Large
-
Resolution No. 1-994 Construction o f Street Improvements on Wheatridae Court i n Wheatridae
Addition and Turkev Red Villaae Addition
Estimate: $1 11,430.28
Construction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $58,255.50
Engineering . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10,481.49
2.97% City-at-Large
EXHIBIT B
I ASSESSMENT ROLL CERTIFICATION
The undersigned having been designated by the City of Newton, Kansas (the "City"), to
determine the amounts of the respective assessments and to prepare the proposed Assessment Roll
therefor in connection with certain internal improvements heretofbre authorized by the governing body
hereby reports that each and all of said respective assessments have been determined to be as shown on
the Schedule(s) attached hereto and made a part hereof by reference as though fully set out herein.
Bated May 25,2004.
I CITY OF NEWTON, KANSAS
City Clerk
ASSESSMENT ROLL

Construction of Sanitary Sewer Line Extension Improvements
-
Stratford Place Addition Sewer District No. 31-E
Property Amount
Block 10, Lot 1
Stratford Place Addition $1,828.13
Block 10, Lot 2
Block 10, Lot 3
Block 10, Lot 4
Block 10, Lot 5
Block 10, Lot 6
Block 10, Lot 7
Block 10, Lot 8
Stratford Place Addition $1.828.13
Block 4, Lot 3
Block 4, Lot 6
Block 4, Lot 7
Block 4, Lot 41
Block 4, Lot 42
Block 4, Lot 43
Property Amount
Block 4, Lot 44
Block 4, Lot 45
Stratford Place Addition - $1,828.12
Block 4, Lot 46
Block 4, Lot 47
--
- -
Block 4, Lot 48
Block 4, Lot 49
Block 4, Lot 50
Block 4, Lot 51
Block 4, Lot 52
Block 4, .Lot 53
-
Block 4, Lot 54
Block 4, Lot 55
Block 4, Lot 56
Block 4, Lot 57
Block 6, Lot 7
Block 6, Lot 10
Construction of Water Line Extension Improvements
Stratford Place Addition - Water District No. 19-E
Property Amount
Block 10, Lot 1
Block 10, Lot 2
Block 10, Lot 3
Stratford Place Addition $1,099.20.
Block 10, Lot 4
Block 10, Lot 5
Block 10, Lot 6
Block 10, Lot 7
Block 10, Lot 8
Block 4, Lot 47
Block 4, Lot 48
Block 4, Lot 49
Block 4, Lot 50
Block 4, Lot 51
Stratford Place Addition _ $1,099.21
Block 4, Lot 52
Block 4, Lot 53
Property Amount
Block 4, Lot 54
Block 4, Lot 55
Stratford Place Addition $1,099.2 1
Block 4, Lot 56
Block 4, Lot 57
Block 6, Lot 2
Block 6, Lot 3
Block 6, Lot 4
Block 6, Lot 5
Block 6, Lot 6
Block 6, Lot 7
Block 6, Lot 8
Block 6, Lot 9
Block 6, Lot 10
Block 6, Lot 11
Block 7, Lot 8
Block 7, Lot 9
Block 7, Lot 10
Property Amount
Block 7, Lot 11
Block 7, Lot 12

Construction of Street Improvements on Kingsley Avenue and Paddington Avenue
Property Amount
Block 10, Lot 1
. -
Block 10, Lot 2
Block 10, Lot 3
Block 10, Lot 4
Block 10, Lot 5
Block 10, Lot 6
Block 10, Lot 7
Block 10, Lot 8
Block 4, Lot 47
Block 4, Lot 48
Stratford Place Addition _ $4,677.72
Block 4, Lot 49
Block 4, Lot 50
Property Amount
Block 4, Lot 5 1
Block 4, Lot 52
Block 4, Lot 53
Block 4, Lot 54
Block 4, Lot 55
Block 4, Lot 56
Block 4, Lot 57
Block 6, Lot 2
Block 6, Lot 3
Block 6, Lot 4
Block 6, Lot 5
Block 6, Lot 6
Block 6, Lot 7
Block 6, Lot 8
Block 6, Lot 9
Block 6, Lot 10
Block 6, Lot 11
Property Amount
Block 7, Lot 8
Block 7, Lot 9
Block 7, Lot 10
Block 7, Lot 11
Block 7, Lot 12
Resolution No. 1-963 and Resolution 1-1005

Autumn Glen Addition - Water District No. 23-A
Property Amount
Block 1, Lot 1
Autumn Glen Addition $1,926.91
Block 1, Lot 2
-
$1,926.91
Block 1, Lot 3
Block 1, Lot 4
AutumnGlen Addition $1,926.90
Block 1, Lot 5
Block 1, Lot 6
Block 1, Lot 7
Block 1, Lot 8
AutumnGlen Addition
Block 4, Lot 1
Property Amount
Block 4, Lot 2
Block 4, Lot 3
Block 4, Lot 4
Block 4, Lot 5
Block 4, Lot 6
Block 4, Lot 7
Block 5, Lot 1
Block 5, Lot 2
--
Block 5, Lot 3
Block 5, Lot 4
Block 5, Lot 5
Block 5, Lot 6
Block 5, Lot 7
Block 5, Lot 8
Block 6, Lot 1
Block 6, Lot 2
Block 6, Lot 3
Pro~ertv Amount
Block 6, Lot 4
Block 6, Lot 5
Block 6, Lot 6
-
Block 6, Lot 7
Block 6, Lot 8
Block 6, Lot 9
Block 6, Lot 10
Block 6, Lot 11
Block 6, Lot 12
Block 6, Lot 13
Block 6, Lot 14
Block 6, Lot 15
Block 6, Lot 16
Block 6, Lot 17
BALANCE OF THIS PAGE INTENTIONALLY LEFT BLANK

-
Autumn Glen Addition Sewer District No. 34-A
Property Amount
Block 1, Lot 1
Autumn Glen Addition $3.344.72
Block 1, Lot 2
- - - -
Block 1, Lot 3
- Block 1, Lot 4
. Block 1,Lot 5
Block 1, Lot 6
Block 1, Lot 7
Block 1, Lot 8
Block 4, Lot 1
Block 4, Lot 2
Block 4, Lot 3
Block 4, Lot 4
Block 4, Lot 5
Block 4, Lot 6
Block 4, Lot 7
Property Amount
Block 4, Lot 23
Block 4, Lot 24
Block 4, Lot 25
Auturnn Glen Addition $3,344.72
Block 4, Lot 26
Block 5, Lot 1
Block 5, Lot 2
Block 5, Lot 3
Block 5, Lot 4
Block 5, Lot 5
Block 5, Lot 6
Block 5, Lot 7
Block 5, Lot 8
Block 6, Lot 1
Block 6, Lot 2
Block 6, Lot 3
Block 6, Lot 4
Block 6, Lot 5
Property Amount
Block 6, Lot 6
Block 6, Lot 7
Block 6, Lot 8
Block 6, Lot 9
Block 6, Lot 10
Block 6, Lot 11
Block 6, Lot 12
Block 6, Lot 13
Block 6, Lot 14
Block 6, Lot 15
Block 6, Lot 16
Block 6, Lot 17

Construction of Street Improvements on Autumn Glen Parkway & Autumn Glen Court
Property Amount
Block 1, Lot 1
Block 1, Lot 2
Property Amount
Block 1, Lot 3
Block 1, Lot 4
Block 1, Lot 5
Block 1, Lot 6
Block 1, Lot 7
Block 4, Lot 1
Block 4, Lot 2
Block 4, Lot 3
Block 4, Lot 4
Block 4, Lot 5
Block 4, Lot 6
Block 4, Lot 7
Block 5, Lot 1
Block 5, Lot 2
Block 5, Lot 3
Block 5, Lot 4
Block 5, Lot 5
Pro~ertv Amount
Block 5, Lot 6
Block 5, Lot 7
Autumn Glen Addition - $8,296.25
Block 5, Lot 8
Block 6, Lot 1
Block 6, Lot 2
Block 6, Lot 3
Block 6, Lot 4
Block 6, Lot 5
Block 6, Lot 6
Block 6, Lot 7
Block 6, Lot 8
Block 6, Lot 9
Block 6, Lot 10
Block 6, Lot 11
Block 6, Lot 12
Block 6, Lot 13
Block 6, Lot 14
Property Amount
Block 6, Lot 15
Block 6, Lot 16
-
-
Block 6, Lot 17

Property Amount
Block 1, Lot 1
Block 1, Lot 2
Block 1, Lot 3
Block 1, Lot 4
Block 1,Lot 5
- -
$2,749.08
Block 1, Lot 6
Block 1, Lot 7
Block 1, Lot 8
Block 2, Lot 1
Block 2, Lot 2
Block 2, Lot 3
Property Amount
Block 2, Lot 4
Block 2, Lot 5
Block 2, Lot 6
Block 2, Lot 7
Block 2, Lot 8
Block 2, Lot 9
Block 2, Lot 10
Block 2, Lot 11
Block 2, Lot 12
Block 2, Lot 13
Block 2, Lot 14
Block 2, Lot 15
Block 2, Lot 16
- -
$2,749.08
Block 2, Lot 17
Block 2, Lot 18
Block 2, Lot 19
Block 2, Lot 20
Property Amount
Block 2, Lot 2 1
~ u t u - Glen Addition $2,749.08
Block 2, Lot 22
Block 3, Lot 1
Block 3, Lot 2
Block 3, Lot 3
Block 3, Lot 4
Block 3, Lot 5
Block 3, Lot 6
Block 3, Lot 7
Block 3, Lot 8
Block 3, Lot 9
Block 3, Lot 10
Block 3, Lot 11
Block 3, Lot 12
Block 3, Lot 13
Block 3, Lot 14
Block 3, Lot 15
Property Amount
Block 3, Lot 16
Block 3, Lot 17
Block 3, Lot 18
Block 3, Lot 19
Block 3, Lot 20
Block 3, Lot 21
Block 3, Lot 22
Block 3, Lot 23
Block 3, Lot 24
Block 3, Lot 25
Block 3, Lot 26
Autumn Glen Addition -
Block 3, Lot 27
Block 3, Lot 28
Block 3, Lot 29
Block 3, Lot 30
Block 3, Lot 3 1
Block 3, Lot 32
Property Amount
Block 3, Lot 33
Block 3, Lot 34
- -- -
Block 4, Lot 1
Block 4, Lot 2
Block 4, Lot 3
Block 4, Lot 4
Block 4, Lot 5
Block 4, Lot 6
Block 4, Lot 7
Block 4, Lot 8
Block 4, Lot 9
Block 4, Lot 10
Block 4, Lot 11
- -
Block 4, Lot 12
Block 4, Lot 13
Block 4, Lot 14
Block 4, Lot 15
Property Amount
Block 4, Lot 16
Block 4, Lot 17
Block 4, Lot 18
Block 4, Lot 19
Block 4, Lot 20
Block 4, Lot 21
Block 4, Lot 22
Block 4, Lot 23
Block 4, Lot 24
Block 4, Lot 25
Block 4, Lot 26
Block 5, Lot 1
Block 5, Lot 2
Block 5, Lot 3
Block 5, Lot 4
Block 5, Lot 5
Block 5, Lot 6
Property Amount
Block 5, Lot 7
Block 5, Lot 8
Block 5, Lot 9
Block 5, Lot 10
Block 5, Lot 11
Block 5, Lot 12
Block 5, Lot 13
Block 5, Lot 14
Block 5, Lot 15
~p
Block 6, Lot 1
Block 6, Lot 2
Block 6, Lot 3
Block 6, Lot 4
Block 6, Lot 5
Block 6, Lot 6
Block 6, Lot 7
Block 6, Lot 8
Property Amount
Block 6, Lot 9
Block 6, Lot 10
Block 6, Lot 11
Block 6, Lot 12
Block 6, Lot 13
Autumn Glen Addition $2,749:07
Block 6, Lot 14
Block 6, Lot 15
Block 6, Lot 16
Block 6, Lot 17

Weber Addition - Sewer District No. 33-B
Property Amount
Block 1, Lot 1
Weber Addition $4,338.39
Block 1, Lot 2
Block 1, Lot 3

-
Westhaven I11 Addition Water District No. 11-D
Property Amount
Block 1, Lot 9
Westhaven 3rd Addition
Block 1, Lot 10
Westhaven 3rd Addition $1,414.40
Block 1, Lot 11
Block 1, Lot 12
Block 1, Lot 13
Block 1, Lot 14
Block 1, Lot 15
Block 2, Lot 1
Block 2, Lot 2
Block 2, Lot 3
Block 2, Lot 4
Block 2, Lot 5
Block 2, Lot 6
Block 2, Lot 7
Block 2, Lot 8
Property Amount
Block 2, Lot 9
Block 2, Lot 10
Block 2, Lot 11

-
Westhaven 111 Addition Sewer District No. 10-R
- -
Property Amount
Block 1, Lot 11
Block 2, Lot 1
Block 2, Lot 2
Block 2, Lot 3
Block 2, Lot 4
Block 2, Lot 5
Block 2, Lot 6
Block 2, Lot 7
Block 2, Lot 8
Block 2, Lot 9
Block 2, Lot 10
Proaertv Amount
Block 2, Lot 11

Construction of Sanitary Sewer Line Extension and Lift Station Improvements
Ragsdale's Addition - Sewer District No. 1-A
Property Amount
Block 14, Lot 1A of a replat of Lots 1 through 21, and the West half
of Lot 22
Ragsdale's Addition $39,037.32

Construction of Street Improvements on Country Lane & West 17thStreet
Westhaven I11 Addition
Property Amount
Block 1, Lot 9
Westhaven 3rd Addition $6,916.21 .
Block 1, Lot 10
Block 1, Lot 11
Westhaven 3rd Addition $6,916.21 . .
.. .
Block 1, Lot 12
Block 1, Lot 13
Block 1, Lot 14
-
-
Block 1, Lot 15
Block 2, Lot 1
Block 2, Lot 2
Block 2, Lot 3
Property Amount
Block 2, Lot 4
Block 2, Lot 5
Westhaven 3rd Addition $6,9 16.2-1
Block 2, Lot 6
Westhaven 3rd Addition $6,9 16.22
Block 2, Lot 7
Block 2, Lot 8
Block 2, Lot 9
Block 2, Lot 10
Block 2, Lot 11

Autumn Glen Addition and Autumn Glen 2nd Addition
Water District No. 23-B
Property Amount
Block 2, Lot 8
Block 3, Lot 33
Block 3, Lot 34
Block 4, Lot 8
Autumn Glen ~ d d i t i o i $1,996.68
Block 4, Lot 9
Block 4, Lot 10
Pro~ertv Amount
Block 4, Lot 11
Autumn Glen Addition - -
Block 4, Lot 12
Block 4, Lot 13 .
Block 4, Lot 14
Block 4, Lot 15
Block 4, Lot 16
- -
-
Block 4, Lot 17
Block 4, Lot 18
Block 4, Lot 19
Block 4, Lot 20
Block 4, Lot 21
Block 4, Lot 22
Block 4, Lot 23
Block 4, Lot 24
Block 4, Lot 25
- -
-
Block 4, Lot 26
Block 5, Lot 9
Property Amount
Block 5, Lot 10
Block 5, Lot 11
Block 5, Lot 12
Block 5, Lot 13
Block 5, Lot 14
Block 5, Lot 15
Block 1, Lot 1
Autumn Glen 2nd Addition $1,996.68
Block 1, Lot 2
Block 1, Lot 3
Block 1, Lot 4
Block 1, Lot 5
Autumn Glen 2nd Addition $1,996;67
Block 1, Lot 6
Block 1, Lot 7

Sewer District No. 34-B
Property Amount
Block 1, Lot 1
Autumn Glen 2nd Addition $2.768.42
Block 1, Lot 2
Block 1, Lot 3
Block 1, Lot 4
Autumn Glen 2nd Addition . $2,768.42
Block 1, Lot 5
Block 1, Lot 6
Block 1, Lot 7
Block 2, Lot 8
Block 3, Lot 33
Block 3, Lot 34
Block 4, Lot 8
Block 4, Lot 9
Block 4, Lot 10 . .
Block 4, Lot 11
Block 4, Lot 12
Property Amount
Block 4, Lot 13
Block 4, Lot 14
Block 4, Lot 15
Block 4, Lot 16
Block 4, Lot 17
Block 4, Lot 18
Block 4, Lot 19
Block 4, Lot 20
Block 4, Lot 21
Block 4, Lot 22
Block 5, Lot 9
Block 5, Lot 10
Block 5, Lot 11
Block 5, Lot 12
Block 5, Lot 13
Block 5, Lot 14
Block 5, Lot 15
Construction of Street Improvements
Property Amount
Block 1, Lot 1
Block 1, Lot 2
Block 1, Lot 3
Block 1, Lot 4
Block 1, Lot 5
Block 1, Lot 6
Block 1, Lot 7
Block 2, Lot 8
Block 3, Lot 33
Block 3, Lot 34
Block 4, Lot 8
Block 4, Lot 9
Block 4, Lot 10
Block 4, Lot 11
Block 4, Lot 12
Property Amount
Block 4, Lot 13
Block 4, Lot 14
Block 4, Lot 15
Block 4, Lot 16
Block 4, Lot 17
Block 4, Lot 18
Block 4, Lot 19
Block 4, Lot 20
Block 4, Lot 21
Block 4, Lot 22
Block 4, Lot 23
Block 4, Lot 24
Block 4, Lot 25
Block 4, Lot 26
$10,793.27
-----
Block 5, Lot 9
Block 5, Lot 10
Block 5, Lot 11
Property Amount
Block 5, Lot 12
Block 5, Lot 13
Block 5, Lot 14
Block 5, Lot 15

Construction of Street Improvements on Windward Drive, Phase I11
Wheatridge Addition
Property Amount
Block 1, Lot 20
Wheatridge Addition $4,683.60
Block 2, Lot 22
Block 2, Lot 23
Wheatridge Addition
Block 5, Lot 11
Turkey Red Village Addition $4,683.61
Block 5, Lot 12
Turkey Red Village Addition
Block 5, Lot 13
Block 5, Lot 14
Block 5, Lot 15

Westwood Addition - Sewer District No. 35-A
Property Amount
Block 1, Lot 1
Westwood Addition
Block 1, Lot 2
Westwood Addition
Block 1, Lot 3
Westwood Addition $2,847.37
Block 1, Lot 4
Westwood Addition
Block 1, Lot 5
Westwood Addition
Block 1, Lot 6
Block 1, Lot 7
Westwood Addition
Block 1, Lot 8
Block 1, Lot 9
Westwood Addition
Block 1, Lot 10
Block 1, Lot 11
Block 1, Lot 12
Westwood Addition
Block 1, Lot 13
Westwood Addition
Block 1, Lot 14
Block 1, Lot 15
Property Amount
Block 1, Lot 16
Westwood Addition
Block 1, Lot 17
Westwood Addition
- - - - -
Block 1, Lot 18
Westwood Addition
Block 1, Lot 19
Westwood Addition
Block 1, Lot 20
Westwood Addition
Block 1, Lot 21
Block 2 Lot 1
Block 2 Lot 2
Block 2 Lot 3
Westwood Addition
- - - - - - - -
$2,847.37
Block 2 Lot 4
Westwood Addition
Block 2, Lot 5
Westwood Addition
Block 2, Lot 6
Westwood Addition $2.847.36
Block 2, Lot 7
Block 2,.Lot 8
Westwood Addition $2,847.36 .
Block 2, Lot 9
Westwood Addition
Block 2, Lot 10
Block 5, Lot 6
Construction of Street Improvements on Windward Drive to South Kansas Avenue
TFDM Addition and Unplatted Tracts
Property Amount
Block 1, Lot 1
TFDM Addition
Block 1, Lot 2
TFDM Addition $39,545.70
264.00 Frontage Feet of Tract 1, Lot 1 - A tract beginning 80 feet
West of the Southeast corner of the Northeast Quarter of Section 29,
Township 23 South, Range 1 East, Harvey County, Kansas; thence
West 1230 feet; thence North 312 feet; thence East 1230 feet; thence
South 3 12 feet to the point of beginning. $27,223.1 1
482.08 Frontge Feet of Tract 1, Lot 2 - A tract beginning 80 feet
West of the Southeast corner of the Northeast Quarter of Section 29,
South 3 12 feet to the point of beginning. $49,7 11.05
494.44 Frontage Feet of Tract 1 - A tract beginning 80 feet West of
the Southeast corner of the Northeast Quarter of Section 29,
South 3 12 feet to the point of beginning. $50,985.59
286.29 Frontage Feet of Tract 2 - A tract beginning at the Southwest
corner of Lot 1, Block 1, TFDM Addition to the City of Newton,
Harvey County, Kansas; thence West 285 feet; thence North 1400
feet; thence Southeasterly 370 feet to the Northwestern corner of Lot
1, Block 1, TFDM Addition; thence South to the point of beginning.
TFDM Addition $29,52 1.61

Construction of Street Improvements on Duncan Street
Stone Creek Estates Addition
Property Amount
Block 3, Lot 18
Stone Creek Estates Addition $9,384.30
Block 3, Lot 19
Property Amount
Block 3, Lot 20
Block 3, Lot 2 1
Block 3, Lot 22
Block 3, Lot 23
Block 4, Lot 5
Block 4, Lot 6
Block 4, Lot 7

-
Stone Creek Estates Addition Sewer District No. 29-H
Property Amount
Block 3, Lot 18
Block 3, Lot 19
Block 3, Lot 20
Block 3, Lot 21
Block 3, Lot 22
Block 4, Lot 5
Block 4, Lot 6
Property Amount
Block 4, Lot 7
Stone Creek Estates Addition $3.439.53

Stone Creek Estates Addition - Water District No. 5-1
Property Amount
Block 3, Lot 18
Block 3, Lot 19
Block 3, Lot 20
Block 3, Lot 2 1
Block 3, Lot 22
Block 4, Lot 5
Block 4, Lot 6
Block 4, Lot 7

Construction of Street Improvements in the 1700 Block of North Poplar
Crestview Addition
Property Amount
Block 3, Lot 43
Crestview Addition $1.561.03
Block 3, Lot 44
Crestview Addition $1,561.03
Block 3, Lot 45
Property Amount
Block 3, Lot 46
Block 3, Lot 47
Block 3, Lot 48
Block 3, Lot 49
Block 3, Lot 50
Block 3, Lot 51
Crestview Addition
Block 3, Lot 52
Block 3, Lot 53
Block 3, Lot 54
Crestview Addition
Block 3, Lot 55
Block 3, Lot 56
Block 5, Lot 85
Block 5, Lot 86
Block 5, Lot 87
Block 5, Lot 88
Block 5, Lot 89
Block 5, Lot 90
Pro~ertv Amount
Block 5, Lot 91
Block 5, Lot 92
Crestview Addition
Block 5, Lot 93
Block 5, Lot 94
Crestview Addition
Block 5, Lot 95
Crestview Addition
Block 5, Lot 96
Block 5, Lot 97
Block 5, Lot 98

-
Stratford Place Addition Sewer District No. 31-F
Property Amount
Block 4, Lot 4
Block 4, Lot 5
Block 4, Lot 8
Block 4, Lot 9
Block 4, Lot 10
Block 4, Lot 11
Property Amount
Block 4,Lot 12
Block 4,Lot 13
-
Block 4,Lot 14
Block 4,Lot 15
Block 4,Lot 16
Block 4,Lot 17
Block 4,Lot 18
Block 4,Lot 19
Block 4,Lot 20
Block 4,Lot 21
Stratford Place Addition -- -
-
Block 4,Lot 22
Block 4,Lot 23
Block 4,Lot 24
Block 4,Lot 25
Block 4,Lot 26
Block 4,Lot 27
Block 4,Lot 28
Property Amount
Block 4,Lot 29
Block 4,Lot 30
Block 4,Lot 31
Block 4,Lot 32
Block 4,Lot 33
Block 4,Lot 34
Block 4,Lot 35
Block 4,Lot 36
Block 4,Lot 37
Block 4,Lot 38
Block 4,Lot 38
Block 4,Lot 40
Block 10,Lot 9
Block 10,Lot 10
Block 10,Lot 11
Block 10,Lot 12
Stratford Place Addition $l,317.63
Block 10,Lot 13
Property Amount
Block 10, Lot 14

-
Stratford Place Addition Water District No. 19-F
Property Amount
Block 3, Lot 7
Block 3, Lot 8
- - - - - - -
Block 3, Lot 9
Block 3, Lot 10
Block 3, Lot 11
Block 3, Lot 12
Block 3, Lot 13
Block 4, Lot 2
Block 4, Lot 3
Block 4, Lot 4
Block 4, Lot 5
Block 4, Lot 6
Block 4, Lot 7
Property Amount
Block 4, Lot 8
Block 4, Lot 9
Block 4, Lot 10
Block 4, Lot 11
Block 4, Lot 12
Block 4, Lot 13
Block 4, Lot 14
Block 4, Lot 15
Block 4, Lot 16
Block 4, Lot 17
Block 4, Lot 18
Block 4, Lot 19
Block 4, Lot 20
Block 4, Lot 33
Block 4, Lot 34
Block 4, Lot 35
Block 4, Lot 36
Property Amount
Block 4, Lot 37
Block 4, Lot 38
Block 4, Lot 39
Block 4, Lot 40
Block 4, Lot 41
Block 4, Lot 42
Block 4, Lot 43
Block 4, Lot 44
Block 4, Lot 45
Block 4, Lot 46
Block 10, Lot 9
Block 10, Lot 10
Block 10, Lot 11
Block 10, Lot 12
Block 10, Lot 13
Block 10, Lot 14

Construction of Street Improvements in the 1700 Block of North Plum Street
Crestview Addition
Property Amount
Block 1, Lot 1
Block 1, Lot 2
Crestview Addition
-
Block 1, Lot 3
Crestview Addition
Block 1, Lot 4
Crestview Addition
Block 1, Lot 5
Crestview Addition
Block 1, Lot 6
Block 1, Lot 7
Crestview Addition
Block 1, Lot 8
Crestview Addition
Block 1, Lot 9
Crestview Addition
Block 1, Lot 10
Crestview Addition
Block 1, Lot 11
Crestview Addition
Block 1, Lot 12
Crestview Addition
Block 1, Lot 13
Crestview Addition
Block 1, Lot 14
Crestview Addition
- --
Block 3, Lot 29
Crestview Addition
Property Amount
Block 3, Lot 30
Block 3, Lot 3 1
Crestview Addition - - --
$1,391.21
Block 3, Lot 32
Block 3, Lot 33
Block 3, Lot 34
Block 3, Lot 35
Block 3, Lot 36
Block 3, Lot 37
Block 3, Lot 38
Block 3, Lot 39
. Block 3, Lot 40
. Block 3, Lot 41
Block 3, Lot 42

Extension of Street Pavement, Curb, Storm Sewer and Related Appurtenances
Property Amount
Block 3, Lot 7
Property Amount
Block 3, Lot 8
Block 3, Lot 9
Block 3, Lot 10
Block 3, Lot 11
Block 3, Lot 12
Block 3, Lot 13
Block 4, Lot 2
Block 4, Lot 3
Block 4, Lot 4
Block 4, Lot 5
Block 4, Lot 6
Block 4, Lot 7
Block 4, Lot 8
Block 4, Lot 9
Block 4, Lot 10
Block 4, Lot 11
Block 4, Lot 12
Property Amount
Block 4, Lot 13
Block 4, Lot 14
Block 4, Lot 15
Block 4, Lot 16
Block 4, Lot 17
- - -
Block 4, Lot 18
Block 4, Lot 19
Block 4, Lot 20
Block 4, Lot 33
Block 4, Lot 34
Block 4, Lot 35
Block 4, Lot 36
Block 4, Lot 37
Block 4, Lot 38
Block 4, Lot 39
Block 4, Lot 40
Block 4, Lot 41
Property Amount
Block 4, Lot 42
- -
$6,808.49
Block 4, Lot 43
Block 4, Lot 44
Block 4, Lot 45
Block 4, Lot 46
Block 10, Lot 9
-- --
Block 10, Lot 10

Block 10, Lot 11
Block 10, Lot 12
Block 10, Lot 13
Block 10, Lot 14

-
Wheatridge Addition Sewer District 30-A4
Property Amount
Block 2, Lot 1
Block 2, Lot 2
Block 2, Lot 3
Property Amount
Block 2, Lot 4
Wheatridge Addition
Block 2, Lot 5
Block 2, Lot 6
Block 2, Lot 7
Wheatridge Addition
Block 2, Lot 8
Block 2, Lot 9
Wheatridge Addition
Block 2, Lot 10
Block 2, Lot 11
Wheatridge Addition
Block 2, Lot 12
Block 2, Lot 13
Wheatridge Addition
Block 2, Lot 14
Block 2, Lot 15
Wheatridge Addition
Block 2, Lot 16
Block 2, Lot 17
Block 2, Lot 18
Wheatridge Addition
Block 2, Lot 19
Block 2, Lot 20
Pro~ertv Amount
Block 2, Lot 21
Block 2, Lot 22
Block 2, Lot 23
Wheatridge Addition

Construction of Street Improvements on Wheatridge Court
Turkey Red Village Addition and Wheatridge Addition
Property Amount
Block 5, Lot 16
Block 5, Lot 17
Block 5, Lot 18
Block 5, Lot 19
Block 5, Lot 20
Block 5, Lot 21
Block 5, Lot 22
Block 2, Lot 16
Block 2, Lot 17
Block 2, Lot 18
Wheatridge Addition
Block 2, Lot 19
Property Amount
Block 2, Lot 20
Block 2, Lot 21
Wheatridge Addition . $5,326.09

(Published in The Newton Kansan, on May 28,2004)
NOTICE OF PUBLIC HEARING
TO: RESIDENTS OF THE CITY OF NEWTON, KANSAS
You and each of you are hereby notified that the governing body of the City of Newton, Kansas
(the "City") will meet for the purpose of holding a public hearing, as provided by K.S.A. 12-6a01 et seq.,
at City Hall, 201 E. 6th, P.O. Box 426, Newton, Kansas 67114, on June 8,2004 at 7:00 P.M.. Said public
hearing is for the purpose of hearing any and all oral or written objections to proposed assessments in
connection with the following described improvements:
- -
Project No. 1 Stratford Place Addition Sanitary Sewer Line Extension Improvements

Addition to the City of Newton, Harvey County, Kansas (Sewer District No. 31-E).
Property Description:
Lots 41 through 57, Block 4; and Lots 7 and 10, Block 6; all in Stratford Place Addition, an
Addition to the City of Newton, Harvey County, Kansas.
Cost of Improvements:
$54,843.74.
100% to be assessed against the Improvement District and 0% to be paid by the City-at-large
-
Project No. 2 Stratford Place Addition - Water Line Extension Improvements

Construction of a water line extension to serve Lots 1 through 8, Block 10; Lots 41 through 57,
Addition, an Addition to the City of Newton, Harvey County, Kansas (Water District No. 19-E).
Lots 1 through 8, Block 10; Lots 41 through 57, Block 4; Lots 2 through 11, Block 6; and Lots 8
through 12, Block 7;' all in Stratford Place Addition, an Addition to the City of Newton, Harvey
County, Kansas.
$37,373.08.

JLN\403552\ASSESSMENTS PHASE 1 (05-18-04)
C-1
through 12, Block 7; all in Stratford Place Addition, an Addition to the City of Newton, Harvey
County, Kansas.
$165,410.88.
96.15% to be assessed against the Improvement District and 3.85% to be paid by the City-at-large
Project No. 4 -Autumn Glen Addition - Water Line Extension Improvements

Construction of a water line extension to serve Lots 1 through 7, Block 1; Lots 1 through 7, Block

Construction of a-water line extension to serve Lot 8, Block 1, Autumn Glen Addition, an
through 17, Block 6, all in Autumn Glen Addition, an Addition to the City of Newton, Harvey
County, Kansas.
Lot 8, Block 1, Autumn Glen Addition, an Addition to the City of Newton, Harvey County,
Kansas.
$77,076.03.
-
Project No. 5 Autumn Glen Addition - Sanitary Sewer Line Extension Improvements

7 and Lots 23 through 26, Block 4; Lots 1 through 8, Block 5; and Lots 1 through 17, Block 6, all
District No. 34-A).
Lots 1 through 8, Block 1; Lots 1 through 7 and Lots 23 through 26, Block 4; Lots 1 through 8,
Block 5; and Lots 1 through 17, Block 6, all in Autumn Glen Addition, an Addition to the City of
$147,167.54.
100% to be assessed against the Improvement District and 0%.to be paid by the City-at-large
JLN403552L4SSESSMENTSPHASE 1 (05-18-04)
C-2
Project No. 6 -Autumn Glen Addition - Street Improvements

Addition, and on Autumn Glen Court from the North line of Autumn Glen Parkway as a cul-de-
Addition, and on Autumn Ridge from the South line of Autumn Glen Parkway to the South line
of Lot 8, Block 5 of said Addition.
through 17, Block 6, all in Autumn Glen Addition, an Addition to the City of Newton, Harvey
County, Kansas.
$323,553.64.
Project No. 7 -Autumn Glen Addition - Drainage Improvements

Lots 1 through 8, Block 1; Lots 1 through 22, Block 2; Lots 1 through 34, Block 3; Lots 1
through 26, Block 4; Lots 1 through 15, Block 5; and Lots 1 through 17, Block 6, all in Autumn
Glen Addition, an Addition to the City of Newton, Harvey County, Kansas.
$360,129.09.
Project No. 8 - Weber Addition - Sanitary Sewer Line Extension Improvements

Addition, an Addition to the City of Newton, Harvey County, Kansas (Sewer District No. 3343).
Lots 1 through 3, Block 1, Weber Addition, an Addition to the City of Newton, Harvey County,
Kansas.
$13,015.17.
Project No. 9 - Westhaven Third Addition - Water Line Extension Improvements

(Water District No. 11-D).
Lots 9 through 15, Block 1; and Lots 1 through 11, Block 2, Westhaven Third Addition, an
$25,459.24.

(Sewer District No. 10-R).
Lot 11, Bock 1; and Lots 1 through 11, Block 2, Westhaven Third Addition, an Addition to the
$24,286.78.

Addition to the City of Newton, Harvey County, Kansas (Sewer District No. 1-A).
Lot lA, Block 14, of a replat of Lots 1 through 21 and the West half of Lot 22, Block 14,
Ragsdale's Addition, an Addition to the City of Newton, Harvey County, Kansas.
$258,046.78.
Project No. 12 - Westhaven Third Addition - Street Improvements

C-4
Lots 9 through 15, Block 1 and Lots 1 through 11, Block 2; Westhaven Third Addition to the City
of Newton, Harvey County, Kansas.
$127,657.75.
Project No. 13 - Autumn Glen 1st and 2nd Additions - Water Line Extension Improvements

Construction of a water line extension to serve Lots 1 through 7, Block 1, Auturnn Glen 2nd
23-B).
Property Description: - -
Lots 1 through 7, Block 1, Autumn Glen 2nd Addition, an Addition to the City of Newton,
Harvey County, Kansas; and Lots 8 through 26, Block 4; Lots 9 through 15, Block 5; Lots 33 and
34, Block 3; and Lot 8, Block 2; all in Autumn Glen Addition, an Addition to the City of Newton,
$89,850.57.
Project No. 14 - Autumn Glen 1st and 2nd Additions - Sanitary Sewer Line Extension Improvements

34-B).
Lots 1 through 7, Block 1, Autumn Glen 2nd Addition, an Addition to the City of Newton,
Harvey County, Kansas; and Lots 8 through 22, Block 4; Lots 9 through 15, Block 5; Lots 33 and
34, Block 3; and Lot 8, Block 2; all in Autumn Glen Addition, an Addition to the City of Newton,
$113,505.54.
Project No. 15 - Autumn Glen 1st and 2nd Additions - Street Improvements

Kansas.
Lots 1 through 7, Block 1, Autumn Glen 2nd Addition; and Lots 8 through 26, Block 4; Lots 9
through 15, Block 5; Lots 33 and 34, Block 3; and Lot 8, Block 2, all in Auturnn Glen Addition,
to the City of Newton, Harvey County, Kansas.
$485,697.28.
Project No. 16 - Wheatridge Addition (Phase III) - Street Improvements

Construction of street pavement, curb and gutter in Wheatridge Addition (Phase III) to serve Lot
County, Kansas; and Lots 11 through 15, Block 5, Turkey Red Subdivision to the City of Newton,
Lot 20, Block 1; Lots 22 and 23, Block 2; all in Wheatridge Addition to the City of Newton,
Harvey County, Kansas; and Lots 11 through 15, Block 5, Turkey Red Subdivision to the City of
$39,775.85.
Project No. 17 - Westwood Addition - Sanitary Sewer Line Extension Improvements

Newton, Harvey County, Kansas (Sewer District No. 35-A).
Lots 1 through 21, Block 1; Lots 1 through 10, Block 2; and Lot 6, Block 5; all in Westwood
Addition, an Addition to the City of Newton, Harvey County, Kansas.
$91,115.77.

and drainage appurtenances.
Lots 1 and 2, Block 1, TFDM Addition to the City of Newton, Harvey County, Kansas; A tract
beginning 80 feet West of the Southeast corner of the Northeast Quarter of Section 29, Township
23 South, Range 1 East, Harvey County, Kansas; thence West 1230 feet; thence North 312 feet;
thence East 1230 feet; thence South 312 feet to the point of beginning; and A tract beginning at
the Southwest corner of Lot 1, Block 1, TFDM Addition to the City of Newton, Harvey County,
Kansas; thence West 285 feet; thence North 1400 feet; thence Southeasterly 370 feet to the
Northwestern corner of Lot 1, Block 1, TFDM Addition; thence South to the point of beginning.
$310,256.31.

Extension of street pavement, curb and gutter in Stone Creek Estates to Duncan Street.
Lots 18 through 23, Block 3; and Lots 5 through 7, Block 4; all in Stone Creek Estates, an
$84,458.70.
Project No. 20- Stone Creek Estates - Sanitary Sewer Line Extension Improvements

County, Kansas (Sewer District No. 29-H).
$27,516.18.

-
Project No. 21 Stone Creek Estates - Water Line Extension Improvements

(Water District No. 5-I).
$14,719.08.
-
Project No. 22 Crestview Addition - Street Improvements

Extension of 347 linear feet of street pavement, curb, gutter and related improvements in
Crestview Addition to the City of Newton, Harvey County, Kansas.
Lots 43 through 56, Block 3; and Lots 85 through 98, Block 5, all in Crestview Addition, an
$43,708.62.

of Newton, Harvey County, Kansas (Sewer District No. 3 1-F).
Lots 4 and 5 and Lots 8 through 40, Block 4; and Lots 9 through 14, Block 10; all in Stratford
Place Addition, an Addition to the City of Newton, Harvey County, Kansas.
$54,023.

an Addition to the City of Newton, Harvey County, Kansas (Water District No. 19-F).
JLN\403552\ASSESSMENTSPHASE 1 (05-1 8-04)
C-8
Lots 7 through 13, Block 3; Lots 2 through 20; and Lots 33 through 46, Block 4; and Lots 9
through 14, Block 10, all in Stratford Place Addition, an Addition to the City of Newton, Harvey
County, Kansas.
$58,834.30.
-
Project No. 25 - Crestview Addition Street Improvements

Extension of street pavement, curb and gutter on Plum Street in Crestview Addition from 16th
Street to 17th Street.
Lots 1 through 14, Block 1; and Lots 29 through 42, Block 3; all in Crestview Addition, an
$38,953.78.

Place Addition.
Lots 7 through 13, Block 3; Lots 2 through 20 and Lots 33 through 46, Block 4; and Lots 9
through 14, Block 10, all in Stratford Place Addition, an Addition to the City of Newton, Harvey
County, Kansas.
$322,013.82.
Project No. 27 - Wheatridge Addition - Sanitary Sewer Line Extension Improvements

Lots 1 through 23, Block 2, Wheatridge Addition, an Addition to the City of Newton, Harvey
County, Kansas (Sewer District No. 30-A4).
County, Kansas. '

C-9
$25,823.57.
-
Project No. 28 Turkey Red Village Addition and Wheatridge Addition - Street Improvements

Addition and Wheatridge Addition.
Lots 16 through 22, Block 5, Turkey Red Village Addition; Lots 16 through 21, Block 2,
Wheatidge Addition to the City of Newton, Harvey County, Kansas.
$71,358.49.
An Assessment Roll prepared in accordance with the referenced Resolution(s) approved by the
governing body is on file in the Office of the City Clerk and may be examined by any interested party. At
the conclusion of the public hearing, the governing body will consider an Ordinance levying such special
assessments.
DATED May 25,2004.
/s/Ronald Ahsmuhs, City Clerk
JLM403552MSSESSMENTSPHASE 1 (05-18-04)
EXHIBIT D
NOTICE OF HEARING
AND
STATEMENT OF COST PROPOSED TO BE ASSESSED
May 28,2004
Newton, Kansas
Property Owner:
You are hereby notified, as owner of record of the property described on Schedule I attached
hereto, that there is proposed to be assessed against said property, certain amounts for the costs of certain
internal improvements (the "Improvements") heretofore authorized by the governing body of the City of
Newton, Kansas (the "City"). The description of the Improvements, the resolution number authorizing
the same and the proposed amount of assessment are set forth on Schedule I attached hereto.
You are hereby further notified that the governing body of the City will meet on June 8,2004, at
7:00 P.M., at City Hall, 201 E. 6th, P.O. Box 426, Newton, Kansas 67114, for the purpose of considering
the proposed assessments.
The proposed Assessment Roll is on file in my office for public inspection. WRITTEN OR
ORAL OBJECTIONS TO THE PROPOSED ASSESSMENTS WILL BE CONSIDERED AT SAID
PUBLIC HEARXNG
At the conclusion of the public hearing, the governing body of the City will consider an ordinance
levying such special assessments. A subsequent Notice of Assessment will be mailed to affected property
owners at that time indicating that each property owner may pay the assessment in whole or in part within
thirty (30) days from the date of such notice. Any amount not so paid within the time period prescribed
will be collected in 20 annual installments, together with interest thereon at the rate obtained by the City
for its general obligation bonds issued to finance the costs of the Improvements.
Ronald Ahsmuhs, City Clerk
SCHEDULE I
PROJECT NAME - TYPE OF IMPROVEMENT

RESOLUTION NO.
Description of Property Amount of Proposed Assessment
JLN'403552MSSESSMENTSPHASE 1 (05-18-04)
Dada Craig
Being frrst duly sworn, deposes and says: That she is

Advertising Director of
The Newton Kansan

newspaper is not a trade, religious or fraternal publication.
Said newspaper is a daily published at least weekly 50 times a year;

office of Newton, Kansas in said County as second class matter.
That the attached notice is a true copy thereof and was published
in the regular and entire issue of said newspaper for:

day of
May 2004 with

Subscribed and sworn to before me this 2&th day of

May ,-2004.
Notary Public

-'- i i r Fb.--%&f~
Printer's Fees $ 1033.20

- . , I ;r
?- ~.
. , ~ . ..<:
- . - ...
Project No 1 - Stratford Place
Sanitary Sewer Line Extens Imprvmnts
?,.ij
3.-
g;..:.,:
p,-*,:&, ::..g
:
*=* .$.
>,-..:;
/a a*
,-a
(First pub&hed in THE NEWTON tion to .the City of Newton, Harvey Block 4; Lots 9 through 15, Block 5; Lots Water District No. 5-1).
KANSm, May 28,2004.) Comty, Kans'as. 33 bnd 34, Block 3; and Lot 8, Block 2;
all in Autumn Glen Addition, an Addi- Property Description:
NO~CE
OF PUBLIC FEARING Cost of Improvements: tion to the City of Newton, H m e y Lots 18 through 22, Block 3; and
$323,553.64. County, Kansas (Sewer District No. 3 4 Lots 5 through 7, Block 4; all in Stone
TO: RESIDENTS' OF THE CSTY OF, 100% to be maeased aga& the B). Creek Estates, an Addition to the City of
NEWON, KANSAS Improvement District and 0%to be paid Newton, Harvey County, %sas.
by the City-ablarge Property Demription:
You and eachbf you are hereby noti- Lo@ 1 through 7, Block 1,Autumn Cost of Impldveme~i+
fied t h i t the governing body bf the City
of Newton, Kansas (the "City") will meet - -
P r o j e d No.x7 ~ u t u m nGlen Addi-
tion Drainage Impmyements
$14,719.08.
100% to be assessed ag*t the
for the p o s e of holding a public hear- . 3
a n d ' h t s 8 through 22, Block 4; Lots 9 Improvement District and 0%to be p a d
ing, as provided by KSA 12-6aO1 et Resolution No. 1-988 through 15, Block 5; Cots 33 and 34, by the City-ablarge .
seq., ad City Hall, 261 El. 6th, P.O.Box Construction of drainage improve- lock 3; and Lot 8, Block 2; all in
, 426, ~ e b nKansas , 67114, on June 8,
i 2004 a* PO0 RIvi.. Said public hearing
ments in Autumn Glen Addition, an
Addition to the City of Newton, Harvey
Autumn Glen Addition, an Addition to
the City of Neyton, Harvey County,
Project N0:22
-
-
Crestview A d i t i o n
Street Impr6vements ,
is for tHe purpobe of hearing any and all County, Kansas. Kansas.
oral orrwritten objections to proposed Resolution No. 1-982
assessrhents in c o ~ & . i o n-piththe fol- Property Description: Cost of Improvements: . Extension of 347 linear feet of street
lowing d e s p k d i m p r o ~ ~ e n t x , Lots 1 through 8, Block 1; Lots 1 $113,505.54. pavement, curb, gutter and related
through 22, Block 2; Lots 1 through 34, 100% to -1Je assessed against the improvements in Crestview Addition to
- -
Project No. 1 m t f o r d Place Addi-
tion Sanitary Sewer Line Exten-
Block 3; Lots 1 through 26, Block 4; Lots
1 through -15, Block 5; and' l o t s 1
Improvement District and, 0%to be paid
bv the Citv-at-laree -.
the 'City of Newton, Harvey County,
Kansas.
sion Improvements through 17, Block 6, all in Autumn Glen goject N;. 15 - zutumn Glen 1st and
Addition, an Addition to t+e City of 2nd Additions - Street Improvements Property Description:
~ e s o l u t i o NO.
n 1.969 Newton, Harvey County, Kansas. Lots 43 through 56, Block 3; 'and
Construction of a sanitary sewer Resolution No. I-980-B Lots 85 through 98, Block 5, all in
line extensios to serve Lots 1 through 8, .
Cost of Improvements: ' Paving of portions of Autumn Glen Crestview Addition, an Addition to the
Block 10; Lots 3, 6, 7 and Lots 41 $360,129.09. Parkway, Autumn Ridge, Duncan and City of Newton, Harvey County, Kansas.
through 57, Block 4; and Lots 7 and 10, 100% to be assessed against the Autumn Glen Court in Autumn Glen
Block 6; all in Stratford Place Addition, Improvement District and 0%to be paid Addition and in Autumn Glen 2nd Addi- Cost of Improvements: . .
an Addition to the City of Newton, Har- by the City-at-large tion, to the City of Newton, Harvey $43,708.62.
vey County, Kansas (Sewer District No. County, Kansas. 100% to be assessed against the
31-El. -
Project No. 8 Weber Addition
Sanitary Sewer Line Extension
-
Improvement District 40%tobbep&d
hy the City-at-large
Prope& Description: Improvements Lots 1 through 7, Block 1, Autumn
Lots 41 through 57, Block 4; and Glen 2nd Addition; and Lots 8 through Project No. 23 - Stratford Place
Lots 7 and 10, Block 6; all in Stratford Resolution N;. 1-96?' ' 26, Block 4; Lots 9 through 15, Block 5; Addition -
S a n i t a r y Sewer L i n e
Place Addition, an Addition to the City Construction of a sanitary sewer Lots 33 and 34, Block 3; and Lot 8, Block Extension Improvements
of Newton, Harvey County, Kansas. line extension to serve Lots 1 through 3, 2, all in Autumn Glen Addition, to the
Block 1, Weber Addition, an Addition to City of Newton, Harvey County, Kansas. Resolution No. 1-987 .
Cost of Improvements: the City of Newton, Harvey County, Construction of a sanitary sewer
$54,843.74. Kansas (Sewer District No. 33-B). Cost of Improvements: line extension to serve Lots 4 and 5 and
100% to be assessed against the $485,697.2.8. Lots 8 through 40, Block 4; and Lots 9
Improvement District and 0%to be paid Property Description: 100% to be assessed against the through 14, Block 10; all in Stratford
by the City-at-large Lots 1 through 3, B I O C ~ 1, Weber Improvement District and 0%to be paid Place Addition, 'an Addition to the City
Addition, an Addition )to the City of by the City-a,t-large of Newton, Harvey County, Kansas
-
Project No. 2 Stratford Place Addi-
t i o n - $ Water Line Extension
-
Project No. .I6 Wheatridge ~ d d i -
(Sewer District No. 31-F). . .
Improvements Cost of Improvements: -
tion (Phase III) Street Improve- Property Description:
$13,015.17. ments Lots 4 and 5 and Lots 8 through 40,
100% t6 be assessed against the Block 4; and Lots 9 through 14, Block
a water line exten- Improvement District and 0%to be paid Resolution No. I-973-B 10; all in Stratford Place Addition, an
through 8, Block 10; by the City-at-large Construction of street pavement, Addition to the City of Newton, H q e y
Proiect No. 9 - Westhaven Third Addi- curb and gutter in Wheatridge Addition County, Kansas. !
tioi - Water Line Extension Improve- (Phase DI) to serve Lot 20, Block 1;Lots
ments 22 and '23, Block 2; all in Wheatedge Cost of Improvements:
Addition to the City of Newton, Harvey $54,023.
ELzlre~County, Kansas (Water District Resolution No. 1-072 County, Kansas; and Lots 11 through 100% to be assessed against the
$&!.39-&). Construction of a water line exten- 15, Block 5, Turkey Red Subdivision to Improvement District and 0%to be paid
;@$? sion to serve Lots 9 through 15, Block 1; the City of Newton, Harvey County, by the Cit$-at-large
: ; P r ~ p e r t yDescription: and Lots 1 through 11, Block 2, West- Kansas.
;jr',~ck%1 through 8, Block 10; Ldts 41 haven Third Addition, @ Addition to Project' No. 24 .- Stratford Place
@*. qugb 57, Block 4; Lots 2,through 11, the City of Newton, Harvey County, Property Description: Addition -Water Line Extension
y o & 6; and Lots 8 through 12, Block 7; Kansas (Water District No. 11-D). Lot 20, Block 1; Lots 22 and 23, hhprovements
&%$3jratford Place Addition, an Addi- Block 2; all in Wheatridge Addition to
:%it t 6 the City of Newton, Harvey Property bescription: the City of Newton, Harvey County, Resolution ~i 1-986 .
Lots 9 through 15, Block 1;and Lots Kansas; and Lots 11 through 15, Block Construction of a water line exten2
1 throdgh 11, Block 2, Westhaven Third 5, Turkey Red Subdivisionto the City of sion to serve Lots 7 through 13, Block 3;
%
; Cost of Improvements: Addition, an Addition to the City of Newton, Harvey C o ~ t yKansas.
, Lots 2 through 20; and Lots 33 through
:=- $37,373.08. Newton, Harvey County, Kansas. 46, Block 4; and Lo@ 9 through 14,
$"10Q% to be assessed against the Cost of Improvements: Block 10, all in Stratford Place Addition,
$tnprovement District and 0%to be paid 'Cost of ImpProvements: $39,775.85. an Addition to the City of Newton, Har-
8-th; City-at-large
2 $25,459.24. 94.20%to be assessed against the vey.County, Kansas Water District No.
100% to be assessed against the Improvement District and 5.80%to be 19-F). .
-
&oj$~& NO. 3 Stratford Place Addi- Improvement District and 0%to be paid paid by the City-at-large
.-.go?
.: Street Improvements
R: &solution No. 1-970

by the City-at-large
-
Project No. 10 Westhaven Third
-
Project No. 17 Westwood,Addition
- Sanitaj! Sewer Line Extension
through 20; and Lots 33 through 46,
'g+Construction of street pavement, Addition :- Sanitary Sewer Line Improvements Block 4; and Lots 9 through 14, Block
:&b h d gutter in Stratford PlaceAddi- Extension Improvements 10, all in Stratford Place Addition, an
X6n' ad Addition to the City of Newton, Resolution No. 1-985 Addition to the City of Newton, Harvey
$&ej county, ~ a n s a s . Resolution No. 1-971 Construction of a sanitary sewer County, Kansas.
.*;, 3 o.p e r t y Description:
.4+ Construction of a sanitary sewer line extension to serve Lots 1 through
' line extension to serve Lot 11, Bock 1; 21, Block 1;Lots 1 through 10, Block2; Cost of Improvements:
*LO'&1 through 8, Block 10; Lots 41 and Lots 1 through 11, Block 2, West- and Lot 6, Block 5; all in Westwood $58,834.30.
% 6ugh 57, Block 4; Lots 2 through 11,
ck6;and Lots 8 through 12, Block 7;
d l ' i . Stratford Place Addition. an.Addi.
-
haven Third Addition, an Addition to
the City of Newton, Harvey County,
Kansas (Sewer District No. 10-R).
Newton, Harvey County, Kansas (Sewer
District No. 35-A).
100% to be assegsed against the
Improvement District and 0%to be paid
by the City-at-large
Jo&t$ =~as: f -
-7
aim d o the City of Newto~,-Harve~ - . . .- - - - - . -.

~ p e t t yDescription:
-- 1 *,*
PropeL.tg'Description:
,
--
L? , (I
,;project No. 25 ;Cfestview Addition

d ! Lot 11, Bock 1; and Lots 1 through Lots 1 though 21, Block 1;Lots 1 - Street Improvements
11, Block 2, Westhayen Third Addition, through 10, Block 2; and Lot 6, Block 5; -
--c?-
,* Cost of Improvem&nts:
c $165,410.88.
an AdQ1tionU, the City of Newton, all in WeaitwoodAddition, an Addition to Besolution'Na 1.989
be @ssessedagainst the vey County, I$amas. the City of Newton, Harvey County, Ext& d street pavement, cyrb
District and 3.86% to be RansRansas. and gutter on Plum Street in Crestmew
Cost of Improvemente: Addition from 16th Street to 17th
$24,286.78: . dost of Improvements: Street.
ebt.No. 4 >'~utuinnlei Addi- 106% to be asseased againat $e $91,116.77.
Wa$er Line Extension Imprqvement District and 0% to be pmd 100% to be assessed ae&t the Property Description:
by the City-at-large Improvement District and 0 6 t o be paid Ldts 1through 14, Block 1;and Lots
by the City-at-large 29 through 42, Block 3; all in Crestview
i r r
6.7--
r
3 *ReBolution No:I-963
Po$struction of a water line exten-
-
Pr6ject No. 11 Ragadale's Addition
- Sanitary Sewer Line Extension Improvements
-
Project No. 18 - TFDM Addition Street Addition, an Addition to the City of
.&to;.serve ~ o t 1s through 7, B I 1;~ Improvements
%tsits_1 tepugh 7, Block 4; Lots 1 Resolution No. 1-981 Cost of Improvements.
* "%ugh 8,781ock 5; and Lots 1through , R.esolution No. 1-974 Extension of Windward Drive to $38;953.78.
&$lack 6,all in Auhlmo 'Glen Addi- Colistruction of a sanitary sewer South Kansas Avenue, consisting of 'the 100% to be. assessed against the
QOQ, 'an Addition to the City of Newton, line extension and a lift station to serve construction of approximately 1,014 lin- Imurovement District and 0% to be aid
Wv$ry County, h a s (Water District Lot lA, Block 14, of a replat of Lota 1 eal feet of concrete paving with curb and
gutter, and. all related paving and
322i3;A).
S a l u ~ NO.n 1-1005
I through 21 and the West half of Lot 22,
Blo* 14, Ragsdale's Addition, an Addi-
tion' to the City of Newton, Harvey
drainage appurtenances.
- -
Project No. 26 Btrabord Place
Addition Street Improvements
nstructiori bf a b a t e r line A n - County, Kansas (Sewer District No. 1- Property Description:
%%% serve Lot 8. Block 1. Autumn A). Lots 1and 2, Block 1,TFDM Addi- Resolution No. 1-991
an~dditiontothe City of tion to the City of Newton, Harvey Extension of street pavement, curb,
Kan+ Water Property Description: . County, Kansas; A tract beginning 80 gutter, storm $eyer and related appur-
Lot 1A: Block 14, of a replat of Lots feet West of the Southeast comer of the tenances in Stratford Place Addition.
1through 21 and the Westhalf of Lot Northeast Quarter of Section 29, Town-
operty Description: 22, Block 14, Ragsdale's Ad$tion, an ship 23 South, Range 1 East, Harvey Property Description:
solution No. 1-96?? Addition to the City of N e m n , Harvey County, Kansas; thence West 1230 feet; Lots 7 through 13, Block 3; Lots 2
1through 7, @ock 1; Lota 1 County, Kansas. , %I . thence North 312 feet; thence East 1230 through 20 and Lots 33 through 46,
7, Block 4; Lots 1 through 8, feet; thence South 312 feet to the point Block 4; and Lots 9 through 14, Block
and Lots 1through 17, Block 6, Cost of Im~r6vements: of beginning; and A tract beginning at 10, all in Stratford Place Addition, an
n Addition, an Addi- $258,046.78: the Southwest corner of Lot 1,Block 1, Addition to the City of Newton, Harvey
of Newton, Harvey 15.128% to be assessed against the TFDM Addition to the City of Newton, County, Kansas.
Improvement District and 84.872% to Harvey County, Kansas; thence West ' '
, '
be paid by the City-atlarge 285 feet; thence North 1400 feet; thence Cost of h p r o v e m e n t a '
1,Autpmn Glen Addi- Southeasterly 370 feet to the North- $322,013.82.
Addition to the City of Newton,
- -
Project No. 12 Westhaven Third
Addition Street Improvements
western corner of Lot 1,Block 1, TFDM
Addition; thence South to the point of
97.26% to be assessed against the
Improvement District and 2.74% to be
,f*est
z*;l's%
$?=%7
of Improvements:
p -.'I.
076.03.
Construction of street pavement,
beginning.
paid by the City-atllarge
-
Project No. 27 Wheatridge Addi-
:
qT4b/oto be assessed against the curb and gutter in Westhaven Third $310.256.31. -
tion Sanitary Sewer Line Exten-
a,;,,%
W@@ment District and 0% to be paid
-
s
City-at-large
a**,
- ,I-
82.47% to be assessed against the
Improvement District and 17.53% to be
paid by the City-at-large
sion Improvements .
-
@ q & t No. 5 Autumn Glen Addi- Property Description: Construction of a sanitary sewer
%ion* Sanitary Sewer Line Exten- Lots 9 through 15, Block 1and Lots -
Project No. 19 Stone Creek Estates line extension, four manholes and relat-
&i&&nprovements 1through 11,Block 2; Westhaven Third -Street Improvements . ed appurtenances to1 serve Lots 1
&%I?=& Addition to the City of Newton, Harvey through 23, Block 2,'Wheatridge Addi-
$'=&solution No. 1-962 County, Kansas. $ Resolution No. 1-988 tion, an Addition to the City of Newton,
?it-Cfhstruction of a sanitarv sewer Extension of street pavement, curb Harvey County, Kansas (Sewer District
&&ension to serve Lots 1G o u g h 8. Cost of Imurovementa: and gutter in Stone Creek Estates to No. 30-A4).
@$%1; Lots 1through 7 and Lo& 23 $127,657.7<
' Duncan Street. -
h- 26, Block 4; Lots 1through 8, 97.52% to be assessed against the Property Description:
; WS@ ' and Lots 1through 17, Block 6, Improvement.District and 2.48% to be Property ~ e s c r i p t i o n : Lots 1 through 23, Block 2,
% &I~ u t u m n Glen Addition, an Addi- paid by the City-at-large Lots 18 through 23, Block 3; and Wheatridge Addition, an Addition to the
the City of Newton, Harvey Lots 5 through 7; Block 4; all in Stone City of Newton, Harvey County, Kansas.
Kansas (Sewer District No. 34- -
Project No. 1 3 Autumn Glen 1st Creek Estates. an Addition to the Citv of
I .... Extension Improvements
-
a n d 2nd Additions Water Line Newton, ~ a r v k yCounty, Kansas. - Cost of Improvements:
$25,823.57.
Cost of Improvements: 100% to be assessed against the
Resolution No. 1-978 $84,458.70. . Improvement District and 0% to be paid
by the City:at-large
Construction of a water'line exten- 100% to be assessed against the
sion to serve Lots 1through 7, Block 1, Improvement District and 0% to be paid
by the City-at-large -
Project NO. 28 Turkey Red Village
Autumn Glen 2nd Addition, an Addition
to the City of Newton, Harvey County,
Kansas; and Lots 8 through 26, Block 4;
Proiect No. 20- Stone Creek Estates -
~ariitary Sewer line Extension
Addition a n d Wheatrid-ge Addition
Street Improvements
-
n, H q e y Counts; Kansas.
Lots 9 through 15, Block 5; Lots 33 and Improvements
of Improvements: 34, Block 3; and Lot 8, Block -2; all in Resolution No. 1-994
Autumn Glen Addition, an Additionrto Resolution No. 1-974 Extension of street pavement, curb,
to be assessed against the the City of Newton, Harvey County, Construction of a sanitary sewer gutter and related appurtenances in
ent District and 0% to be paid Kansas (Water Distrid No. 23-B). line extension to serve Lots 18 through Turkey Red Village Addition and
22, Block 3; and Lots 5 through 7, Block Wheatr5dgeAddition.
gKdj&t No. 6 -
%BS7 Street Improvements
Glen Addi-
Lots 1through 7, Block 1, Autumn
4; all in Stone Creek Estates, an Addi-
tion to the City of Newton, Harvey
County, Kansas (Sewer District No. 29-
Lots 16 through 22, Block 5, Turkey
*iIt*LZ'
City of Newton, Harvey County, Kansas; H). Red Village Addition; Lots 16 through
and Lots 8 through 26, Block 4; Lots 9 21, Block 2, Wheatridge Addition to the
through 15, Block 5; Lots 33 and 34, Property Description: City of Newton, Harvey County, Kansas.
Block 3; and Lot 8, Block 2; all in Lots 18 through 22,r Block 3; and
Autumn Glen Addition, an Addition to Lots 5 through 7, Block'* all in Stone Cost of Improvements:
the City of Newton, Harvey County, Creek Estates, an Addition to the City of $71,358.49.
Kansas. Newton, HarVey County, Kansas. 97.03% to' be assessed against the
Imnrovement District and 2.97% to be
Cost of Ikprovements: . Cost of Improvements:
$89,850.57. $27,516.18.
100% to be assessed against the 100% to be assessed against the An Assessment Roll prepared in
Improvement District and Ob to be paid Imurovement District and 0% to be aid accordance with the referenced Resolu-
by the City-at-large tion(~)approved by the governing body
is on file in the Office of the City Clerk
- -
Project No. 14 Autumn Glen 1st
a n d 2nd Additions Sanitary Sewer - -
Project No. 21 Stone Creek Estates
Water Line Extension Improve-
and may be examined by any interested
party. At the conclusion of the public
Line Extension Improvements ments hearing, the governing body will consid-
er an Ordinance levying such special
Resolution No. 1-977 Resolution No. 1-984 assessments.
Construction of a sanitary sewer Construction of a water line exten-
line extension to serve Lots 1through 7, sion to serve Lots 18 through 22, Block DATED May 25,2004.
Block 1,Autumn Glen 2nd Addition, an 3; and Lots 5 through 7, Block 4; all in
Block 5; and Lots 1through 17, Block 6, Addition to the City of Newton, Harvey Stone Creek Estates, an Addition to the IslRonald Ahsmuhs, City Clerk
all in Autumn Glen Addition, an Addi- County, Kansas; and Lots 8 through 22, City of Newton, Harvey County, Kansas
CERTIFICATE OF MAILING
STATE OF KANSAS
) ss:
comm OF m v E y
The undersigned, City Clerk of the City of Newton, Kansas (the "City"), does hereby certify that
on May 28,2004, I caused to be mailed to each and all of the owners of property affected thereby, at their
last known post office address, a Notice of Public Hearing and Statement of the Cost Proposed to be
Assessed in connection with certain improvements in the City.
A sample copy of the form of such Notice of Hearing and Statement of Cost Proposed to be
Assessed is attached hereto.
e.
WITNESS my hand and seal as of May 28,2004.
~ o n a l Ahsmuhs,
d City Clerk
[attach sample copy of form]
1
NOTICE OF HEARING
AND
STATEMENT OF COST PROPOSED TO BE ASSESSED
May 28,2004
, City of Newton, Kansas
FIELD(Name)
Property Owner:
You are hereby notified, as owner of record of the property described on Schedule 1attached
hereto, that there is proposed to be assessed against said property, certain amounts for the costs of
certain internal improvements (the "Improvements")heretofore authorized by the City Commission
of the City of Newton, Kansas (the "City"). The description of the Improvements, the resolution
number authorizing the same and the proposed amount of assessment are set forth on Schedule I
attached hereto.
You are hereby further notified that the City Commission of the City will meet on Tuesday,
June 8,2004, at Y:00 p.m., at City Hall, City of Newton, 201 East 6th, in the City ofNewton, Kansas,
for the purpose of considering the proposed assessments.
I
he proposed Assessment ~ o lisl on file in my office for public inspection. WRITTEN OR
O W OBJECTIONSTO THE PROPOSED ASSESSMENTSWILLBE CONSIDERED AT SAID
PUI3LIC W E M G .
At the conclusion of the public hearing, the governing body of the City will consider an
ordinance levying such special assessments. A subsequent Notice of Assessment will be mailed to
affected property owners at the time indicating that each property owner may pay the assessment in
whole or in part within 30 days of the date of such notice. Any amount not so paid within 30 days
will be collected in annual installmentsover a period of 20 years together with interest thereon at the
rate obtained by the City for its general obligation bonds issued to finance the costs of the
Improvements.
.
Ronald R. Ahsmuhs, City Clerk
SCHEDULE 1
Construction of Sanitary Sewer Extension Improvements
Sewer District No. 34-Ai
DESCRIPTION OF PROPERTY TO BE ASSESSED
Description of Property Amount Proposed to be Assessed

FELD(Property1)
FIELD(Am0unt1)
FIELD(Propeey2)
FIELD(Property4)
FELD (Property5)
FIELD(Propertyl3)
FELD(Amountl 3)
FIELD(Property4.4)
SCHEDULE 1-1
-
Property Amount
Block 10, Lot 1
Block 10, Lot 2
Block 10, Lot 3
Block 10, Lot 4
Block 10, Lot 5
Block 10, Lot 6
Block 10, Lot 7
Block 10, Lot 8
Block 4, Lot 3
Block 4, Lot 6
Block 4, Lot 7
Block 4, Lot 41
Block 4, Lot 42 I
stratford Place Addition $1,828.13
Block 4, Lot 43 I
Property Amount
Block 4, Lot 44
Block 4, Lot 45
Block 4, Lot 46
Block 4, Lot 47
Block 4, Lot 48
Block 4, Lot 49
Block 4, Lot 50
-- - --
Block 4, Lot 5 1
Block 4, Lot 52
Block 4, Lot 53
Block 4, Lot 54
Block 4, Lot 55
Block 4, Lot 56
Block 4, Lot 57
Block 6, Lot 7
Property Amount
Block 6, Lot 10
I Stratford Place Addition
SCHEDULE 1-2
Property Amount
Block 10, Lot 1
Block 10, Lot 2
Block 10, Lot 3
Block 10, Lot 4
Block 10, Lot 5
Block 10, Lot 6
Block 10, Lot 7
Block 10, Lot 8
Block 4, Lot 47
Block 4, Lot 48
Block 4, Lot 49
Block 4, Lot 50
Property Amount
Stratford Place Addition I $1,099.21
Block 4, Lot 51
Block 4, Lot 52
Block 4, Lot 53
Block 4, Lot 54
Block 4, Lot 55
Block 4, Lot 56
Block 4, Lot 57
Block 6, Lot 2
Block 6, Lot 3
Block 6, Lot 4
Block 6, Lot 5
Block 6, Lot 6
Block 6, Lot 7
Block 6, Lot 8
Block 6, Lot 9
Property Amount
Block 6, Lot 10
I
Block 6, Lot 11
Block 7, Lot 8
Block 7, Lot 9
Block 7, Lot 10
Block 7, Lot 11
Block 7, Lot 12
-
- ---
---

SCHEDULE 1-3
-
Property Amount
Block 10, Lot 1
Block 10, Lot 2
Block 10, Lot 3
--
Block 10, Lot 4

Block 10, Lot 5
Block 10, Lot 6
Block 10, Lot 7 i
Block 10, Lot 8
Block 4, Lot 47
-
Block 4, Lot 48
Block 4, Lot 49
Block 4, Lot 50
Block 4, Lot 51
Block 4, Lot 52
... 1
Property Amount
Block 4, Lot 53
Block 4, Lot 54
Block 4, Lot 55
I Stratford Place Addition 1 $4,677.72
Block 4, Lot 56
Block 4, Lot 57
Block 6, Lot 2
Block 6, Lot 3
Block 6, Lot 4
Block 6, Lot 5
Block 6, Lot 6
Block 6, Lot 7
Block 6, Lot 8
Block 6, Lot 9
I Block 6, Lot 10 I
I Stratford Place Addition I $4,677.72
I Block 6, Lot 11 I
I
Property I s mount
Block 7, Lot 8
Block 7, Lot 9
Block 7, Lot 10
Block 7, Lot 11
Block 7, Lot 12

SCHEDULE 1-4
-
Autumn Glen Addition Water District No. 23-A
Property Amount
Block 1, Lot 1
Block 1, Lot 2
Block 1, Lot 3
Block 1, Lot 4
AutumnGlen Addition
Block 1, Lot 5
AutumnGlen Addition
Block 1, Lot.6
AutumnGlen Addition
Block 1, Lot 7
AutumnGlen Addition
Block 1, Lot 8
AutumnGlen Addition
Block 4, Lot 1
Block 4, Lot 2
Block 4, Lot 3
Block 4, Lot 4
Block 4, Lot 5
Block 4, Lot 6
Property Amount
Autumn Glen Addition I $1,926.90
Block 4, Lot 7
Block 5, Lot 1
-
-
Block 5, Lot 2
Block 5, Lot 3
Block 5, Lot 4
Block 5, Lot 5
Block 5, Lot 6
Block 5, Lot 7
Block 5, Lot 8
Block 6, Lot 1
Block 6, Lot 2
Block 6, Lot 3
Block 6, Lot 4
Block 6, Lot 5
-
Block 6, Lot 6
Property Amount
Block 6, Lot 7
Block 6, Lot 8
Block 6, Lot 9
Block 6, Lot 10
Block 6, Lot 11
Block 6, Lot 12
- -- -
Block 6, Lot 13
Block 6, Lot 14
Block 6, Lot 15
Autuinn Glen Addition
-
Block 6, Lot 16
Block 6, Lot 17

SCHEDULE I-5
Autumn Glen Addition - Sewer District No. 34-A
Property Amount
Block 1, Lot 1
Block 1, Lot 2
Block 1, Lot 3
Block 1, Lot 4
- --
Block 1, Lot 5
Block 1, Lot 6
Block 1, Lot 7
- -
Block 1, Lot 8
Block 4, Lot 1
Block 4, Lot 2
Block 4, Lot 3
Block 4, Lot 4
Block 4, Lot 5
Block 4, Lot 6
... 1
Property Amount
Block 4, Lot 7
Block 4, Lot 23
Block 4, Lot 24
Block 4, Lot 25
Block 4, Lot 26
-
- -
Block 5, Lot 1
Block 5, Lot 2
Block 5, Lot 3

Block 5, Lot 5
Block 5, Lot 6
Block 5, Lot 7
Block 5, Lot 8
Block 6, Lot 1
Block 6, Lot 2
Property Amount
Block 6, Lot 3
Block 6, Lot 4
Block 6, Lot 5
- - ---
Block 6, Lot 6
Block 6, Lot 7
Block 6, Lot 8
Block 6, Lot 9
Block 6, Lot 10
Block 6, Lot 11
Block 6, Lot 12
Block 6, Lot 13
Block 6, Lot 14
Block 6, Lot 15
Block 6, Lot 16
Block 6, Lot 17
SCHEDULE I-6
Property I Amount
Block 1, Lot 1
Block 1, Lot 2
Block 1, Lot 3
Block 1, Lot 4
Block 1, Lot 5
Block 1, Lot 6
Block 1, Lot 7
Block 4, Lot 1
Block 4, Lot 2
Block 4, Lot 3
Block 4, Lot 4
Block 4, Lot 5
Block 4, Lot 6
Block 4, Lot 7
Property Amount
Block 5, Lot 1
Block 5, Lot 2
Block 5, Lot 3
Block 5, Lot 4
Block 5, Lot 5
Block 5, Lot 6
Block 5, Lot 7
Block 5, Lot 8
Block 6, Lot 1
Block 6, Lot 2
Block 6, Lot 3
Block 6, Lot 4
Block 6, Lot 5
Block 6, Lot 6
Block 6, Lot 7
Property Amount
Block 6, Lot 8
Block 6, Lot 9
Block 6, Lot 10
Block 6, Lot 11
Block 6, Lot 12
Block 6, Lot 13
- - --
Block 6, Lot 14
Block 6, Lot 15
Block 6, Lot 16
Block 6, Lot 17
BALANCE OF THIS PAGE INTENTIONALLY LEF"I'BLANK

SCHED ULE I- 7
Property Amount
Block 1, Lot 1
Block 1, Lot 2
Block 1, Lot 3
Block 1, Lot 4
Block 1, Lot 5
Block 1, Lot 6
-- -
Block 1, Lot 7
Block 1, Lot 8
Block 2, Lot 1
Block 2, Lot 2
Block 2, Lot 3
Block 2, Lot 4
Block 2, Lot 5
Block 2, Lot 6
... 1
Property Amount
Block 2, Lot 7
Block 2, Lot 8
Block 2, Lot 9
Block 2, Lot 10
Block 2, Lot 11
Block 2, Lot 12
Block 2, Lot 13
Block 2, Lot 14
Block 2, Lot 15
-- -
Block 2, Lot 16
Block 2, Lot 17
Block 2, Lot 18
Block 2, Lot 19
Block 2, Lot 20
Block 2, Lot 2 1
Property Amount
Block 2, Lot 22
Block 3, Lot 1
Block 3, Lot 2
Block 3, Lot 3
- -
Block 3, Lot 4
Block 3, Lot 5
Block 3, Lot 6
Block 3, Lot 7
Block 3, Lot 8
Block 3, Lot 9
Block 3, Lot 10
--
-
Block 3, Lot 11
Block 3, Lot 12
Block 3, Lot 13
Block 3, Lot 14
Block 3, Lot 15
Property Amount
- -
Block 3, Lot 16
- -
Block 3, Lot 17
Block 3, Lot 18
Block 3, Lot 19
Block 3, Lot 20
Block 3, Lot 21
-
Block 3, Lot 22
Block 3, Lot 23
-
-
Block 3, Lot 24
Block 3, Lot 25
Block 3, Lot 26
Block 3, Lot 27
- --
Block 3, Lot 28
Block 3, Lot 29
Block 3, Lot 30
Auturnn Glen Addition $2,749.08
Property Amount
Block 3, Lot 31
Block 3, Lot 32
Block 3, Lot 33
- -
Block 3, Lot 34
Block 4, Lot 1
Block 4, Lot 2
Block 4, Lot 3
- - - --
Block 4, Lot 4
Block 4, Lot 5
Block 4, Lot 6
-
Block 4, Lot 7
Block 4, Lot 8
Block 4, Lot 9
Block 4, Lot 10
Block 4, Lot 11
Block 4, Lot 12 I
Property Amount
Block 4, Lot 13
Block 4, Lot 14
Block 4, Lot 15
Block 4, Lot 16
Block 4, Lot 17
Block 4, Lot 18
Block 4, Lot 19
Block 4, Lot 20
Block 4, Lot 21
Block 4, Lot 22
Block 4, Lot 23
Block 4, Lot 24
Block 4, Lot 25
Block 4, Lot 26
Block 5, Lot 1
Property Amount
Block 5, Lot 2
Block 5, Lot 3
Block 5, Lot 4
Block 5, Lot 5
Block 5, Lot 6
Block 5, Lot 7
Block 5, Lot 8
Block 5, Lot 9
Block 5, Lot 10
Block 5, Lot 11
Block 5, Lot 12
Block 5, Lot 13
Block 5, Lot 14
Block 5, Lot 15
Block 6, Lot 1
Block 6, Lot 2
Property Amount
Block 6, Lot 3
- -
Block 6, Lot 4
Block 6, Lot 5
Block 6, Lot 6
Block 6, Lot 7
Block 6, Lot 8
-
Block 6, Lot 9
Block 6, Lot 10
Block 6, Lot 11
-- - -
Block 6, Lot 12
Block 6, Lot 13
Block 6, Lot 14
Block 6, Lot 15
--
Block 6, Lot 16
Block 6, Lot 17
SCHEDULE 1-8
Property Amount
Block 1, Lot 1
Block 1, Lot 2
Weber Addition
Block 1, Lot 3

SCHEDULE 1-9
-
Westhaven I11 Addition Water District No. 11-D
Property Amount
Block 1, Lot 9
Block 1, Lot 10
-
Block 1, Lot 11
Block 1, Lot 12
Block 1, Lot 13
Block 1, Lot 14
Westhaven 3rd Addition I $1,414.40
Block 1, Lot 15
Block 2, Lot 1
Block 2, Lot 2
Block 2, Lot 3
Block 2, Lot 4
Block 2, Lot 5
Block 2, Lot 6
Block 2, Lot 7
Property Amount
-
- --
Block 2, Lot 8
Block 2, Lot 9
Block 2, Lot 10
Block 2, Lot 11

SCHEDULE I-1 0
-
Westhaven I11 Addition Sewer District No. 10-R
Property Amount
Block 1, Lot 11
Block 2, Lot 1
Block 2, Lot 2
Block 2, Lot 3
Block 2, Lot 4
Block 2, Lot 5
Block 2, Lot 6
- -
Block 2, Lot 7
Block 2, Lot 8
Block 2, Lot 9
--
Block 2, Lot 10
Block 2, Lot 11

SCHEDULE 1-11
-
Ragsdale=s Addition Sewer District No. 1-A
Property Amount
Block 14, Lot 1A of a replat of Lots 1 through 21, and the West half
of Lot 22
Ragsdale=s Addition $39,037.32
- -

SCHEDULE 1-12
Construction of Street Improvements on Country Lane & West 1 7 ' ~Street
Westhaven I11 Addition
Property Amount
Block 1, Lot 9
Block 1, Lot 10
Block 1, Lot 11
Block 1, Lot 12
Block 1, Lot 13
Block 1, Lot 14
Block 1, Lot 15
Block 2, Lot 1
Block 2, Lot 2
Block 2, Lot 3
Block 2, Lot 4
Block 2, Lot 5
- -
Block 2, Lot 6
Block 2, Lot 7
... I
Property Amount
rBlock 2, Lot 8
-
Block 2, Lot 9
Block 2, Lot 10
Block 2, Lot 11
I Westhaven 3rd Addition I $6,916.22 1
.A4
--- --
-- --- - - < -

.
F -.
SCHEDULE 1-13
Property Amount
Block 2, Lot 8
Block 3, Lot 33
- -- -
Block 3, Lot 34
Block 4, Lot 8
Block 4, Lot 9
Block 4, Lot 10
Block 4, Lot 11
Block 4, Lot 12
Block 4, Lot 13
Block 4, Lot 14
Block 4, Lot 15
Block 4, Lot 16
Block 4, Lot 17
Property Amount
Block 4, Lot 18
-
-
$1,996.68
Block 4, Lot 19
Block 4, Lot 20
Block 4, Lot 21
Block 4, Lot 22
Block 4, Lot 23
Block 4, Lot 24
Block 4, Lot 25
Block 4, Lot 26
Block 5, Lot 9
-- -
Block 5, Lot 10
Block 5, Lot 11
Block 5, Lot 12
Block 5, Lot 13
---
Block 5, Lot 14
Block 5. Lot 15
Property Amount
Block 1, Lot 1
-
Block 1, Lot 2
Block 1, Lot 3
Block 1, Lot 4
Block 1, Lot 5
Block 1, Lot 6
Block 1, Lot 7 I
--

SCHEDULE 1-14
Property Amount
Block 1, Lot 1
Block 1, Lot 2
Block 1, Lot 3
- -- - --
Block 1, Lot 4
Block 1, Lot 5
Block 1, Lot 6
Block 1, Lot 7
,Autumn Glen 2nd Addition
Block 2, Lot 8
Block 3, Lot 33
Block 3, Lot 34
Block 4, Lot 8
Block 4, Lot 9
Block 4, Lot 10
Property I Amount
Block 4, Lot 11 I
Block 4, Lot 12
Block 4, Lot 13
Block 4, Lot 14
Block 4, Lot 15
Block 4, Lot 16
Block 4, Lot 17
Block 4, Lot 18
Block 4, Lot 19
Block 4, Lot 20
Block 4, Lot 21
- - -
Block 4, Lot 22
Block 5, Lot 9
Block 5, Lot 10
Block 5, Lot 11
Block 5, Lot 12
Property Amount
Block 5, Lot 13
Block 5, Lot 14
Block 5, Lot 15

- d -
8
--
L
SCHEDULE I-1 5
Property Amount
Block 1, Lot 1
Block 1, Lot 2
Block 1, Lot 3
Block 1, Lot 4
- -
Block 1, Lot 5
Block 1, Lot 6
Block 1, Lot 7
Block 2, Lot 8
Block 3, Lot 33
Block 3, Lot 34
Block 4, Lot 8
Block 4, Lot 9
Block 4, Lot 10
Block 4, Lot 11 I
Property Amount
I
Block 4, Lot 12
Block 4, Lot 13
-
Block 4, Lot 14
Block 4, Lot 15
Block 4, Lot 16
Block 4, Lot 17
Block 4, Lot 18 I I
Autumn Glen Addition I $10,793.27 (
Block 4, Lot 19
Block 4, Lot 20
Block 4, Lot 21
Block 4, Lot 22 I I
Block 4, Lot 23
Block 4, Lot 24
Block 4, Lot 25
Block 4, Lot 26
Property Amount
Block 5, Lot 9
Block 5, Lot 10
Block 5, Lot 11
Block 5, Lot 12
I Block 5, Lot 13 II
I Autumn Glen Addition $10,793.27
I Block 5, Lot 14 II
I Autumn Glen Addition $10,793.27
Block 5, Lot 15

SCHEDULE 1-16
Construction of Street Improvements on Windward Drive, Phase I11
Wheatridge Addition
Property I Amount I
Block 1, Lot 20 I I
Wheatridge Addition I $4,683.60 1
Block 2, Lot 22 I I
Block 2, Lot 23
Wheatridge Addition
Block 5, Lot 11
Block 5, Lot 12
Block 5, Lot 13 I I
Block 5, Lot 14
Block 5, Lot 15
BAlLANCE OF THIS PAGE INTENTIONALLY LEFT BLANK

SCHEDULE 1-17
Property Amount
Block 1, Lot 1
Westwood Addition
Block 1, Lot 2
Westwood Addition
--
Block 1, Lot 3
Westwood Addition
Block 1, Lot 4
Westwood Addition
Block 1, Lot 5
Westwood Addition
Block 1, Lot 6
Block 1, Lot 7
Block 1, Lot 8
- -~--
Block 1, Lot 9
Westwood Addition
Block 1,Lot 10
Westwood Addition
Block 1, Lot 11
Westwood Addition
Block 1, Lot 12
Westwood Addition
Block 1, Lot 13
Westwood Addition
Block 1, Lot 14
Property Amount
Westwood Addition I $2,847.37
Block 1, Lot 15
Westwood Addition
- --
Block 1, Lot 16
Westwood Addition
Block 1, Lot 17
Westwood Addition
Block 1, Lot 18
Westwood Addition
Block 1, Lot 19
Westwood Addition
Block 1, Lot 20
Westwood Addition
Block 1, Lot 21
Westwood Addition
Block 2 Lot 1
Westwood Addition
Block 2 Lot 2
Westwood Addition
Block 2 Lot 3
Westwood Addition
Block 2 Lot 4
Westwood Addition
Block 2, Lot 5
Westwood Addition
Block 2, Lot 6
Westwood Addition
Block 2, Lot 7
Westwood Addition
Block 2, Lot 8
Westwood Addition
Property Amount
Block 2, Lot 9
Block 2, Lot 10
Westwood Addition
--
Westwood Addition

.-
SCHEDULE 1-18
Property Amount
Block 1, Lot 1
Block 1, Lot 2
264.00 Frontage Feet of Tract 1, Lot 1 - A tract beginning 80 feet
West of the Southeast comer of the Northeast Quarter of Section 29,
West 1230 feet; thence North 3 12 feet; thence East 1230 feet; thence
South 3 12 feet to the point of beginning.
482.08 Frontge Feet of Tract 1, Lot 2 - A tract beginnidg 80 feet
West of the Southeast comer of the Northeast Quarter of Section 29,
South 3 12 feet to the point of beginning.
494.44 Frontage Feet of Tract 1 - A tract beginning 80 feet West of
the Southeast corner of the Northeast Quarter of Section 29,
South 3 12 feet to the point of beginning. $50,985.59
286.29 Frontage Feet of Tract 2 - A tract beginning at the Southwest
corner of Lot 1, Block 1, TFDM Addition to the City of Newton,
Harvey County, Kansas; thence West 285 feet; thence North 1400
feet; thence Southeasterly 370 feet to the Northwestern comer of Lot
1, Block 1, TFDM Addition; thence South to the point of beginning.
--

SCHEDULE I-19
Property Amount
Block 3, Lot 18
Block 3, Lot 19
Block 3, Lot 20
Block 3, Lot 21
Block 3, Lot 22
Block 3, Lot 23
Block 4, Lot 5
1 Stone Creek Estates Addition I $9,384.30
Block 4, Lot 6
I Block 4, Lot 7

SCHEDULE I-20
Stone Creek states Addition - Sewer District No. 29-H
Property Amount
Block 3, Lot 18
Block 3, Lot 19
Block 3, Lot 20
Block 3, Lot 21
Block 3, Lot 22
Block 4, Lot 5
Block 4, Lot 6
- - - -
Block 4, Lot 7
-- - ---

SCHEDULE I-21
-
Stone Creek Estates Addition Water District No. 5-1
Property Amount
Block 3, Lot 18
-- - -
Block 3, Lot 19
Block 3, Lot 20
Block 3, Lot 21
Block 3, Lot 22
- - -
Block 4, Lot 5
Block 4, Lot 6
Block 4, Lot 7

SCHEDULE 1-22
Stratford Place Addition - Sewer District No. 31-F
- --
Property Amount
Block 4, Lot 4
Block 4, Lot 5
Block 4, Lot 8
Block 4, Lot 9
Block 4, Lot 10
Block 4, Lot 11
-
Block 4, Lot 12
Block 4, Lot 13
Block 4, Lot 14
Block 4, Lot 15
Block 4, Lot 16
Block 4, Lot 17
Block 4, Lot 18
Block 4, Lot 19
Property Amount
Block 4, Lot 20
Block 4, Lot 21
Block 4, Lot 22
Block 4, Lot 23
Block 4, Lot 24
Block 4, Lot 25
Block 4, Lot 26
Block 4, Lot 27
-- - -
Block 4, Lot 28
Block 4, Lot 29
Block 4, Lot 30
Block 4, Lot 3 1
Block 4, Lot 32
Block 4, Lot 33
Block 4, Lot 34
Property Amount
Block 4, Lot 35
Block 4, Lot 36
Block 4, Lot 37
Block 4, Lot 38
Block 4, Lot 38
Block 4, Lot 40
Block 10, Lot 9
Block 10, Lot 10
Block 10, Lot 11
Block 10, Lot 12
Block 10, Lot 13
Block 10, Lot 14

SCHEDULE 1-23
Stratford Place Addition - Water District No. 19-F
Property Amount
Block 3, Lot 7
-
Block 3, Lot 8
Block 3, Lot 9
Block 3, Lot 10
Block 3, Lot 11
-- -
Block 3, Lot 12
Block 3, Lot 13
Block 4, Lot 2
Block 4, Lot 3
Block 4, Lot 4
Block 4, Lot 5
Block 4, Lot 6
Block 4, Lot 7
Block 4, Lot 8
Property Amount
Block 4, Lot 9
- - -
Block 4, Lot 10
Block 4, Lot 11
Block 4, Lot 12
Block 4, Lot 13
Block 4, Lot 14
- -
Block 4, Lot 15
Block 4, Lot 16
Block 4, Lot 17
Block 4, Lot 18
Block 4, Lot 19
Block 4, Lot 20
Block 4, Lot 33
Block 4, Lot 34
Block 4, Lot 35
Property Amount
Block 4, Lot 36
Block 4, Lot 37
Block 4, Lot 38
Block 4, Lot 39
Block 4, Lot 40
Block 4, Lot 41
Block 4, Lot 42
Block 4, Lot 43
Block 4, Lot 44
Block 4, Lot 45
Block 4, Lot 46
Block 10, Lot 9
Block 10, Lot 10
Block 10, Lot 11
Block 10, Lot 12
I Block 10, Lot 13 I
Property Amount
Block 10, Lot 14
SCHEDULE 1-24
Property Amount
Block 3, Lot 7
Block 3, Lot 8
Block 3, Lot 9
Block 3, Lot 10
Block 3, Lot 11
--
Block 3, Lot 12
Block 3, Lot 13
Block 4, Lot 2
Block 4, Lot 3
Block 4, Lot 4
Block 4, Lot 5
Property Amount
Block 4, Lot 6
Block 4, Lot 7
Block 4, Lot 8
Block 4, Lot 9
Block 4, Lot 10
Block 4, Lot 11
Block 4, Lot 12
Block 4, Lot 13
Block 4, Lot 14
Block 4, Lot 15
Block 4, Lot 16
Block 4, Lot 17
Block 4, Lot 18
Block 4, Lot 19
Block 4, Lot 20
Block 4, Lot 33
Property Amount
Block 4, Lot 34
Block 4, Lot 35
Block 4, Lot 36
Block 4, Lot 37
Block 4, Lot 38
- -
Block 4, Lot 39
Block 4, Lot 40
Block 4, Lot 41
Block 4, Lot 42
Block 4; Lot 43
Block 4, Lot 44
- - --
Block 4, Lot 45
Block 4, Lot 46
Block 10, Lot 9
Block 10, Lot 10
Property Amount
Block 10, Lot 11
I Stratford Place Addition
Block 10, Lot 12
I Block 10, Lot 13 I
Block 10, Lot 14
SCHEDULE 1-25
-
Property Amount
Block 2, Lot 1
I Wheatridge Addition
Block 2, Lot 2
Wheatridge Addition
I Block 2, Lot 3 I
I Block 2, Lot 4 I
I Wheatridge Addition
I Block 2, Lot 5 I
1
Block 2, Lot 6
Wheatridge Addition
Wheatridge Addition
Block 2, Lot 8
Wheatridge Addition
I Block 2. Lot 9 I
Property Amount
Block 2, Lot 10
Wheatridge Addition
Block 2, Lot 11 I
Block 2, Lot 12
Block 2, Lot 13
I
Block 2, Lot 14
Wheatridge Addition
Block 2, Lot 15
Wheatridge Addition
Block 2, Lot 16 I
I
Block 2, Lot 17
Wheatridge Addition
Block 2, Lot 18
Wheatridge Addition
Block 2, Lot 19
Wheatridge Addition
Block 2, Lot 20
Wheatridge Addition
Block 2, Lot 21
Wheatridge Addition
Block 2, Lot 22
Wheatridge Addition
Block 2, Lot 23
Wheatridge Addition
SCHED ULE 1-2 6
Property Amount
Block 5, Lot 16
- - - --
Block 5, Lot 17
Block 5, Lot 18 I
Block 5, Lot 19
Block 5, Lot 20
Block 5, Lot 21 1
Turkey Red Village Addtion $5,326.09
Block 5, Lot 22 I
I
Block 2, Lot 16
Wheatridge Addition
Block 2, Lot 17
Wheatridge Addition
Block 2, Lot 18 I
Wheatridge Addition I $5,326.09
Block 2, Lot 19 I
I
Block 2, Lot 20
Wheatridge Addition
Block 2, Lot 21
Wheatridge Addition
06/01/2004

HELD ON JUNE 8,2004
The governing body met in regular session at the usual meeting place in the City, at 7:00 P.M., the
following members being present and participating, to-wit:
HECK, TREASTER, LOESCHER, SOCTT & JONES
Absent: NONE
(Other Proceedings)
The Mayor opened a public hearing for the purpose of receiving written or oral objections and
considering proposed assessments for the costs of certain internal improvements heretofore authorized by
the governing body of the City. It was determined by the governing body that notice of the public hearing
was duly published and mailed in accordance with K.S.A. 12-6a01 et seq. Thereafter, the Mayor
adjourned the public hearing.
Thereupon, an Ordinance was presented entitled:
AN ORDINANCE LEVYING SPECIAL ASSESSMENTS ON CERTAIN

PROPERTY TO PAY THE COSTS OF INTERNAL IMPROVEMENTS I N THE
CITY OF NEWTON, KANSAS, AS HERETOFORE AUTHORIZED BY
RESOLUTION NOS. I-969,I-968,I-970,I-963, 1-1005, I-962,I-964,I-966,I-967, I-
972, 1-971, 1-974, I-973,I-978, 1-977, I-980-B, I-973-B, 1-985, 1-981, 1-988, 1-983, I-
984,I-987,I-986,I-991,I-995 AND 1-994 OF THE CITY; AND PROVIDING FOR
THE COLLECTION OF SUCH SPECIALASSESSMENTS.
The Ordinance was considered and discussed; and on motion of Commissioner LOESCHER
seconded by Commissioner TREASTER the Ordinance as a whole was passed by the following roll call
vote:
Yea: HECK, TREASTER, LOESCHER, SCOTT & JONES.
Nay: NONE.
JLN\403552\ASSESSMENTSPHASE 2 (06-01-04)2
Thereupon, a majority of the members of the governing body having voted in favor of the
adoption of the Ordinance, it was given No. 4491-04, was signed by the Mayor and attested by the City
Clerk; and the City Clerk was ordered to cause the Ordinance to be published one time in the official City
newspaper as required by law, and to cause to be mailed a Notice of Assessment to each and all of the
known property owners affected thereby on the same date that the Ordinance is published.
CERTIFICATE
JLN\laO3552\asSESSMENTS PHASE 2 (06-01-04)2

2
06/01/2004
(Published in The Newton Kansan on June 11,2004)
ORDINANCE NO. 4491-04
AN ORDINANCE LEVYING SPECIAL ASSESSMENTS ON CERTAIN

PROPERTY TO PAY THE COSTS OF INTERNAL IMPROVEMENTS IN THE
CITY OF NEWTON, KANSAS, AS HERETOFORE AUTHORIZED BY
RESOLUTION NOS. 1-969,1-968,1-970,1-963,1-1005,1-962,1-964,1-966,1-967, I-
972, 1-971, I-974,I-973,I-978, 1-977, I-980-B, I-973-B, I-985,I-981,I-988,I-974, I-
984,I-987,I-986,I-991,I-995 AND 1-994 OF THE CITY; AND PROVIDING FOR
THE COLLECTION OF SUCH SPECIALASSESSMENTS.
WHEREAS, the governing body of the City of Newton, Kansas (the "City") has heretofore
authorized certain internal improvements (the "Improvements") to be constructed pursuant to K.S.A. 12-
6a01 et seq. (the "Act"); and
WHEREAS, the governing body has heretofore conducted a public hearing in accordance with
the Act and desires to levy assessments on certain property benefited by the construction of the
Improvements.
NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF TEIE CITY

OF NEWTON, KANSAS:
Section 1. Levy of Assessments. For the purpose of paying the costs of the following described
Improvements:
Project No. 1- Stratford Place Addition - Sanitary Sewer Line Extension Improvements

Addition to the City of Newton, Harvey County, Kansas (Sewer District No. 3 1-E);

Construction of a water line extension to serve Lots 1 through 8, Block 10; Lots 41 through 57,
Addition, an Addition to the City of Newton, Harvey County, Kansas (Water District No. 19-E);
-
Project No. 3 - Stratford Place Addition Street Improvements

Project No. 4 - Autumn Glen Addition - Water Line Extension Improvements

Construction of a water line extension to serve Lots 1 through 7, Block 1; Lots 1 through 7, Block
Addition to the City of Newton, Harvey County, Kansas (Water District No. 23-A);

Construction of a water line extension to serve Lot 8, Block 1, Autumn Glen Addition, an
Addition to the City of Newton, Harvey County, Kansas (Water District No. 23-A);
Project No. 5 -Autumn Glen Addition - Sanitary Sewer Line Extension Improvements

7 and Lots 23 through 26, Block 4; Lots 1 through 8, Block 5; and Lots 1 through 17, Block 6, all
District No. 34-A);
Project No. 6 - Autumn Glen Addition - Street Improvements

Addition, and on Autumn Glen Court from the North line of Autumn Glen Parkway as a cul-de-
Addition, and on Autumn Ridge from the South line of Autumn Glen Parkway to the South line
of Lot 8, Block 5 of said Addition;
Project No. 7 - Autumn Glen Addition - Drainage Improvements

-
Project No. 8 Weber Addition - Sanitary Sewer Line Extension Improvements

Addition, an Addition to the City of Newton, Harvey County, Kansas (Sewer District No. 33-B);
- -
Project No. 9 Westhaven Third Addition Water Line Extension Improvements

Construction of a water line extension to serve Lots 9 through 15, Block 1;and Lots 1 through 11,
(Water District No. 11-D);

(Sewer District No. 10-R);

Addition to the City of Newton, Harvey County, Kansas (Sewer District No. 1-A);
Project No. 12 - Westhaven Third Addition - Street Improvements

Project No. 13 - Autumn Glen 1st and 2nd Additions - Water Line Extension Improvements

Construction of a water line extension to serve Lots 1 through 7, Block 1, Autumn Glen 2nd
23-B);
Project No. 14 - Autumn Glen 1st and 2ndAdditions - Sanitary Sewer Line Extension Improvements

34-B);
Project No. 15 - Autumn Glen 1st and 2ndAdditions - Street Improvements

Kansas;
Project No. 16 - Wheatridge Addition (Phase III)- Street Improvements

Construction of street pavement, curb and gutter in Wheatridge Addition (Phase El)to serve Lot
County, Kansas; and Lots 11 through 15, Block 5, Turkey Red Subdivision to the City of Newton,
Harvey County, Kansas;
Project No. 17 - Westwood Addition - Sanitary Sewer Line Extension Improvements

Newton, Harvey County, Kansas (Sewer District No. 35-A);

and drainage appurtenances;

Extension of street pavement, curb and gutter in Stone Creek Estates to Duncan Street;
Project No. 20- Stone Creek Estates - Sanitary Sewer Line Extension Improvements

County, Kansas (Sewer District No. 29-H);
Project No. 21 - Stone Creek Estates - Water Line Extension Improvements

(Water District No. 5-1);

of Newton, Harvey County, Kansas (Sewer District No. 3 1-F);

an Addition to the City of Newton, Harvey County, Kansas (Water District No. 19-F);
Project No. 24 - Stratford Place Addition - street Improvements

Place Addition;
-
Project No. 25 Wheatridge Addition - Sanitary Sewer Line Extension Improvements

County, Kansas (Sewer District No. 30-A4); and
Project No. 26 - Turkey Red Village Addition and Wheatridge Addition - Street Improvements

Addition and Wheatridge Addition;
there are hereby levied and assessed the amounts (with such clerical or administrative amendments
thereto as may be approved by the City Attorney) against the property described on Schedules 1-26,
inclusive, attached hereto.
Section 2. Payment of Assessments. The amounts so levied and assessed in S e c t i ~ ~

&.of
t this - b ,,
Ordinance shall be due and payable from and after the date of publication of this Ordinance. Such
amounts may be paid in whole or in part within thirty (30) days from the date of publication of this
Ordinance.
Section 3. Notification. The City Clerk shall notify the owners of the properties described in
Schedules 1-26, inclusive, attached hereto insofar as known to said City Clerk, of the amounts of their
respective assessments; and, said notice shall further state that unless such assessments are paid within
thirty (30) days from the date -of publication of this Ordinance, bonds will be issued therefor, and the
amount of such assessment will be collected in installments with interest.
Section 4. Certfication. Any amount of special assessments not paid within the time prescribed
in Section 2 hereof shall be certified by the City Clerk to the Clerk of Harvey County, Kansas, in the same
manner and at the same time as other taxes are certified and will be collected in 20 annual installments,
together with interest on such amounts at a rate not exceeding the maximum rate therefor as prescribed by
the Act. Interest on the assessed amount remaining unpaid between the effective date of this Ordinance
and the date the first installment is payable, but not less than the amount of interest due during the coming
year on any outstanding bonds issued to finance the Improvements, shall be added to the first installment.
The interest for one year on all unpaid installments shall be added to each subsequent installment until
paid.
Section 5. Effective Date. This Ordinance shall take effect and be in force fiom and after its
passage, approval and publication once in the official City newspaper.
PASSED by the governing body of the City on June 8,2004 and signed by the Mayor.
Mayor
-. City Clerk
CERTIFICATE
I hereby certify that the foregoing is a true and correct copy of the original ordinance; that said
Ordinance was passed on June 8,2004; that the record of the final vote on its passage is found on page
-of journal ; and that it was published in The Newton Kansan on June 11,2004.
BATED: June 11,2004.
City Clerk
JLlMO3552\ASSESSMENTSPHASE 2 (06-01-04)2 -
--
_A-
SCHEDULE 1
Stratford Place Addition - Sewer District No. 31-E
) Property I Amount I
Block 10, Lot 1 - Stratford Place Addition $1,828.13
I Block 10, Lot 4 - Stratford Place Addition I $1,828.13 1
Block 10, Lot 7 - Stratford Place Addition
I
$1,828.13 1
(Block4, Lot 49 - Stratford Place Addition I $1,828.12 1
Block 4, Lot 5 1 - Stratford Place Addition $1,828.12
-
- -
F l o c k 4, Lot 52 - Stratford Place ~ d d z n

(lock 4, Lot 5 5 t f o r d P l a c e ~ d d i t z n
SCHEDULE 2
) property
- . I
Amount
1 Block 10, Lot 2 - Stratford Place Addition I $1,099.20
Block 10, Lot 4 - Stratford Place Addition I
$1,099.20
$1,099.2 1
I Block 4, Lot 47 - Stratford Place Addition I $1,099.21
Block 4, Lot 48 - StratfordPlace Addition $1,099.21
I Block 4, Lot 50 - Stratford Place Addition
I
$1,099.21
Block 4, Lot 5 1 - Stratford Place Addition $1,099.21
1 Block 6, Lot 10 - Stratford Place Addition I $1,099.21
SCHEDULE3
StratfordPlace Addition
Property Amount
I s lock 10, ~ o t -3stratford Place Addition I $4,677.73 1
I
I
Block 10, Lot 7 - Stratford Place Addition I $4,677.73

$4,677.72
$4,677.72
I
I
Block 4, Lot 57 - Stratford Place Addition I $4,677.72 1

I
$4,677.72 1
I
I $4,677.72 1
SCHEDULE 4
-
Property Amount
Block 1, Lot 1 - Autumn Glen Addition $1,926.91
Block 1, Lot 2 - Autumn Glen Addition I $1,926.91 1
- -
-

BG~ 4, Lot2 - Autumn Glen Addition $1,926.90
Block 5, Lot 1 - Autumn Glen Addition $1,926.90 1
- --
Block 5, Lot 4 - AU- Glen Addition $1,926.90

I Block 6, Lot 2 - Autumn Glen Addition $1,926.90 1
1 Block 6, Lot 10 - Autumn Glen Addition I $1,926.90 1
I 1
I
Block 6. Lot 15 - Autumn Glen Addition $1,926.90

SCHEDULE 5
Autumn Glen Addition - Sewer District No. 34-A
I property
- I Amount (
1
~

Block 1, Lot 5 - Autumn Glen Addition I
I
$3,344.72
$3,344.72
Block 4, Lot 7 - Autumn Glen Addition. $3,344.72
I 1
I

I Block 5, Lot 5 - Autumn Glen Addition I $3,344.72 1
I~ l o c k 6Lot
, C A ~U
l e n ~~
ddition I $3,344.71 1
I Block 6, Lot 5 - Autumn Glen Addition I $3,344.71 (
1 Block 6, Lot 8 - Autumn Glen Addition I $3,344.71 1
I Block 6, Lot 16 - Autumn Glen Addition II
$3,344.71 1
SCHEDULE 6
Property Amount
Block 1,Lot 1 - Autumn Glen Addition I
$8,296.25
( ~ l o c k xLot 1 :Autumn Glen Addition I $8,296.25 1
Block 5, Lot 2 - Autumn Glen Addition
I
$8,296.25 1
( Block 5, Lot 8 - Autumn Glen Addition I
I
$8,296.25
1 Block 6, Lot 9 - Autumn Glen Addition I $8,296.24
~ z 6, Lotk 13 - Autumn Glen Addition $8,296.24
SCHEDULE 7

( Block 1, Lot 4 - Autumn Glen Addition I $2,749.08 1
I
$2,749.08 1
1 Block 1. Lot 6 - Autumn Glen Addition I $2,749.08 (
- -
-
k( 2, Lot 2 - Autumn ~ % n~ddition

$2,749.08
Block 2, Lot 6 - Autumn Glen Addition $2,749.08 (
Block 2, Lot 10 - Autumn Glen Addition I $2,749.08
- --
Block 3, LO%- Autumn Glen Addition $2,749.08

-
Block 3, Lot 7 Autumn Glen Addition $2,749.08
B ~ O C ~ , L O ~ 13 - Autumn Glen Addition I $2,749.08
Block 3, Lot 3 1 - Autumn Glen Addition $2,749.08
--
Block 4, L O4~- Autumn Glen Addition $2,749.08

I Block 4. Lot 7 - Autumn Glen Addition $2,749.08 1
I 1
I

I 1
I

lock 5 T ~ o9t - Autumn Glen Addition I $2,749.07 1
lock 6, Lot 9 - Autumn Glen Addition I $2,749.07 1
SCHEDULE 8
Property Amount
Block 1, Lot 1 - Weber Addition $4,338.39
Block 1, Lot 2 - Weber Addition $4,338.39
I Block 1, Lot 3 - Weber Addition I $4,338.39 1
SCHEDULE 9
Westhaven JII Addition - Water District No. 11-D
Property Amount
Block 1, Lot 9 - Westhaven 3rd Addition $1,414.40
Block 1, Lot 12 - Westhaven 3rd Addition
I
$1,414.40 1
-
I Block 1, Lot 13 Westhaven 3rd Addition I $1,414.40 1
-
-
w k 2, Lot 2 - Westhaven 3rd ~ddition

1 Block 2, Lot 3 - Westhaven 3rd Addition I $1,414.40 (
I Block 2, Lot 6 - Westhaven 3rd Addition $1,414.40 1
I Block 2, Lot 9 - Westhaven 3rd Addition $1,414.41 1
SCHEDULE 10
Westhaven 111 Addition - Sewer District No. 10-R
Property Amount
-
Block 1, Lot 11 Westhaven 3rd Addition $2,023.90
I
I $2,023.90 1
I Block 2, Lot 5 - Westhaven 3rd Addition I $2,023.90 1
I
$2,023.90 1
SCHEDULE 11
Ragsdale's Addition - Sewer District No. 1-A
Property Amount
Block 14, Lot 1A of a replat of Lots 1 through 21, and the West half of Lot $39,037.32
22 - Ragsdale's Addition
SCHEDULE 12
Construction of Street Improvements on Country Lane & West 1 7 ' ~Street
Westhaven III Addition
I property Amount I
- Block 1, Lot 9 -Westhaven 3rd Addition $6,916.21
r , 15 - Westhaven 3rd Addition
~ l o c k lLot I $6,916.21 1
-- -
Block 2, Lot 3 - westhaven 3rd Addition $6,916.21

I Block 2. Lot 9 - Westhaven 3rd Addition $6,916.22 1
SCHEDULE 13
I Property I Amount 1
I Block 4. Lot 9 - Autumn Glen Addition I $1,996.68 (
I Block 4. Lot 16 - Autumn Glen Addition I $1,996.68 (
I Block 4. Lot 23 - Autumn Glen Addition I $1,996.68 1
~ l o c k ~q o26t - Autumn Glen Addition $1,996.68
I Block 5, Lot 11 - Autumn Glen Addition $1,996.68 (
I 1
I
Block 5. Lot 14 - Autumn Glen Addition I $1,996.68

Block 1, Lot 1 - Autumn Glen 2nd Addition $1,996.68
I Block 1. Lot 2 - Autumn Glen 2nd Addition $1,996.68 1
1 Block 1, Lot 6 - Autumn Glen 2nd Addition I $1,996.67 1
I Block 1, Lot 7 - Autumn Glen 2nd Addition I $1,996.67 1
SCHEDULE 14
I property
- .
I Amount I
I Block 1,Lot 1- Autumn Glen 2nd Addition 1
I
I $2,768.42
Block 1, Lot 3 - Autumn Glen 2nd Addition I
$2,768.42
1 Block 1, Lot 5 - Autumn Glen 2nd Addition I $2,768.42
Block 1, Lot 7 - Autumn Glen 2nd Addition I
$2,768.42
I Block 4, Lot 9 - Autumn Glen Addition I $2,768.43
1 Block 4, Lot 13 - Autumn Glen Addition I $2,768.43
$2,768.43
SCHEDULE15
I propem I Amount I
I Block 1, Lot 5 - Autumn Glen 2nd Addition I $10,793.27 1
1
$10,793.27 1
I Block 3, Lot 33 - Autumn Glen Addition I $10,793.27 (
I
$10,793.27 1
t - Autumn Glen Addition
l ~ l o c 5k , ~ o11 I $10,793.27 1
lock 5 T ~ o14 t - Autumn Glen Addition $10,793.27
SCHEDULE 16
Construction of Street Improvements on Windward Drive, Phase III
Wheatridge Addition
Property Amount
Block 1, Lot 20 - Wheatridge Addition $4,683.60
I Block 2, Lot 23 - Wheatridge Addition $4,683.60 1
I Block 5, Lot 11 - Turkey Red Village Addition $4,683.61 1
( Block 5, Lot 12 - Turkey Red Village Addition I $4,683.61 (
I Block 5, Lot 13 - Turkey Red Village Addition I $4,683.61 1
Block 5, Lot 14 - Turkey Red Village Addition $4,683.61
SCHEDULE 17
Property
-
Amount (
1
I
Block 1, Lot 1 - Westwood Addition $2,847.37

Block 1, Lot 4 %stwood ~ddition I $2,847.37 1
Block 1, Lot 5 - Westwood Addition I $2,847.37 (
Block 1, Lot 14 - Westwood Addition - $2,847.37
Block 1, Lot 16 - Westwood Addition
Block 1, Lot 17 - Westwood Addition I $2,847.37 1
Block 2 Lot 1 - Westwood Addition $2,847.37
Block 2 Lot 3 - Westwood Addition I $2,847.37 1
Block 2, Lot 7 - Westwood Addition I $2,847.36 1
SCHEDULE 18
Property I Amount
Block 1, Lot lTFDM Addition $58,881.32
Block 1, Lot 2TFDM Addition $39,545.70
264.00 Frontage Feet of Tract 1, Lot 1 - A tract beginning 80 feet West of $27,223.11
the Southeast comer of the Northeast Quarter of Section 29, Township 23
South, Range 1 East, Harvey County, Kansas; thence West 1230 feet;
thence North 3 12 feet; thence East 1230 feet; thence South 3 12 feet to the
point of beginning.
482.08 Frontge Feet of Tract 1, Lot 2 - A tract beginning 80 feet West of
the Southeast corner of the Northeast Quarter of Section 29, Township 23
point of beginning.
494.44 Frontage Feet of Tract 1 - A tract beginning 80 feet West of the
Southeast comer of the Northeast Quarter of Section 29, Township 23
point of beginning.
286.29 Frontage Feet of Tract 2 - A tract beginning at the Southwest corner
of Lot 1, Block 1, TFDM Addition to the City of Newton, Harvey County,
Kansas; thence West 285 feet; thence North 1400 feet; thence Southeasterly
370 feet to the Northwestern comer of Lot 1, Block 1, TFDM Addition;
thence South to the point of beginning.TFDM Addition
SCHEDULE 19
Property Amount
Block 3, Lot 18 - Stone Creek Estates Addition $9,384.30
Block 3, Lot 19 - Stone Creek Estates Addition $9,3 84.30
Block 3, Lot 20 - Stone Creek Estates Addition
1
I $9,384.30 1
Block 3, Lot 23 - Stone Creek Estates Addition
I
I $9,384.30 1
I Block 4, Lot 5 - Stone Creek Estates Addition I
I
$9,384.30 1
1 Block 4, Lot 7 - Stone Creek Estates Addition $9,384.30 (
SCHEDULE 20
Stone Creek Estates Addition - Sewer District No. 29-H
I property Amount I
I Block 3, Lot 18 - Stone Creek Estates Addition I $3,439.52 1
1 Block 3, Lot 22 - Stone Creek Estates Addition I $3,439.52 1
- - --
m o c k 4, Lot 7 - Stone Creek Estates ~ d d i G
SCHEDULE 21
Stone Creek Estates Addition - Water District No. 5-1
Property Amount
1 Block 3, Lot 22 - Stone Creek Estates Addition I $1,839.89 1
I Block 4, Lot 7 - Stone Creek Estates Addition $1,839.89 1
SCHEDULE 22
Stratford Place Addition - Sewer District No. 31-F
I Propem I Amount I
I
$1,317.64 1
( Block 4, Lot 9 - Stratford Place Addition I
I
$1,317.64 (
Block 4, Lot 10 - Stratford Place Addition $1,317.64 (
I
$1,317.64 1
I Block 4, Lot 12 - Stratford Place Addition $1,317.64 1
(Block4, Lot 13 - Stratford Place Addition I $1,317.64 1
b l o c k 4, c o t 18 - Stratford Place Addition I $1,317.64 (
(lock m o t 21 - stratford Place Addition I $1,317.64 1
IBlock 4, Lot 25 - Stratford Place Addition I $1,317.63 1
I 1
I

I
I $1,317.63 1
I
$1,317.63 1
I
$1,317.63 1
SCHEDULE23
Stratford Place Addition - Water District No. 19-F
Property Amount
Block 3, Lot 8 - Stratford Place Addition $ 1,279.00
I
$1,279.00 1
st lock 3, Lot 10 - Stratford Place Addition I $1,279.00 (
1 Block 3, Lot 13 - Stratford Place Addition $1,279.00 1
Block 4, Lot 3 - Stratford Place Addition $1,279.OO
I 1
I
Block 4. Lot 4 - Stratford Place Addition $1,279.00

$1,279.00
I
- -
-
Block 4, Lot 7 - Stratford Place ~ddition

I 1
I
Block 4. Lot 10 - Stratford Place Addition $1,279.00

I Block 4, Lot 20 - Stratford Place Addition $1,279.01 1
I
- -

st lock 4, Lot 40 - Stratford Place Addition I $1,279.01 1
( Block 4, Lot 41 - Stratford Place Addition I $1,279.01 (
1 Block 4, Lot 42 - Stratford Place Addition I $1,279.01 1
--
Block 4, ~ o t 4 -5Stratford Place Addition $1,279.01

Block 10, Lot 10 - Stratford Place Addition $1,279.0 1
I s lock 10, Lot 11 - Stratford Place Addition I $1,279.01 1
SCHEDULE 24
Property Amount
1 ~lock3,~ 0 5 -2Stratford Place Addition I $6,808.50 1
I Block 4, Lot 6 - Stratford Place Addition I $6,808.49 (
I ~lockLF,Lot 10 - Stratford Place Addition I $6,808.49 1
I 1
I

1 Block 4, Lot 18 - Stratford Place Addition $6,808.49 1
$6,808.49
t - Stratford Place Addition
s lock 4 7 ~ o40 I $6,808.49
$6,808.49
- - - --
SCHEDULE25
Wheatridge Addition - Sewer District 30-A4

Is lock 2, Lot 3 - Wheatridge Addition I $1,122.77 1
Block 2, Lot 7 - Wheatridge Addition
I
$1,122.77 1
I Block 2, Lot 8 - Wheatridge Addition I $1,122.77 1
I Block 2, Lot 11 - Wheatridge Addition I $1,122.76 (
1 Block 2, Lot 14 - Wheatridge Addition I $1,122.76 1
t - Wheatridge Addition
(Block2 7 ~ o 18 I $1,122.76 1
IBlock 2, Lot 21 - Wheatridge Addition $1,122.76 1
SCHEDULE26
I property Amount 1
Block 5 T ~ oIt6 - Turkey Red Village Addition $5,326.08
I 1
I
Block 5. Lot-18- Turkey Red Village Addition I $5,326.08

-
Block 5, Lot 21 Turkey Red Village Addition
I
$5,326.09 1
I Block 2. Lot 18 - Wheatridge Addition I $5,326.09 1
I Block 2, Lot 21 - Wheatridge Addition I $5,326.09 1
---
Janice Nesser
. Being first duly sworn, deposes and says: That she is

The Newton Kansan

newspapei is not ii trade, religioils or fraienal piiblication.

One, insertions, the first publication thereof

-
being made as aforesaid on the
day of
June 2004 with

Subscribed and sworn to before me this &day of

/1
Julv 2004.
Notary Public
My commission expires: October 18,2004 . - + ,
Printer's Fees $3726.90

0rd.No. 4491-04
(First published in THE NEWTON KANSAN, June 11,2v4.)
ORDINANCE NQ.4491-04
.. .. .,. . .
C~@$!~O, F~EWTON, KANSAS, AS HERETOFORE AUTHORIZED BY RESO-

L m O N NOS. 1:WB. I-966.1-970,I-963, I-1005,1-f%2,1-964,I-966,1~967,1-972,
I-911,1474, I-973,%978, 1.977, I-980-B, I-973-B, 1-9S5,1-981,1-988,1-9BS,
1-984,
1-987,1-986,1-991,f?95 AND 1-994 O F THE CITY; AND PROVIDlNG FOR
THEi ,* CO$+ZCTION O F SUPH SPECIAL ASSESSMFNTS.
I<
f.. :A< t
WBEREA(EI, the governing body of the City of Newton, Kansas (the "City")
has heretofore auth~3izedcertain internal improvements (the "Improvements") to
be c o ~ t r u d e dpursuant to KSA. 12-6a01et seq. (the "Act"); and
WBEREAS, the governjng body has heretofore conducted a public hearing in

accordance with the Act and desires to levy assessments on certain property bene-
fited by the construction of the Improvements.
NOW, -FORE, BE IT ORDAEWD BY THE GO-G BODY
O F THE CITY OF NEWCON, KANSAS:
Section 1. Levy of Assessments. For the purpose of paying the costs of the
following described Improvements:
-
Project No. 1 Stratford Place Addition Sanitary Sewer Line Jhtension
Improvements
-
Construction of a sanitary sewer line extension to serve Lots 1through 8,
Block 10; Lots 3,6,7 and Lots 41 through 57, Block 4; and Lots 7 'and 10, Block 6;
all in Stratford Place Addition, an Addition to the City of Newton4 HameyhCounty,
'
Kansas (Sewer District No. 31-E)i
-
Project No. 2 Stratford Place Addition -.Water Line Extension Improve-
ments

Construction of a water line extension to serve Lots 1through 8, Block 10;Lots
41 through 57, Block 4; Lots 2 through 11, Block 6; and Lots 8 through 12, Block 7;
all in Stratford Place ~dditi&,an Addition to the C* of Newton, Harvey County,
Kansas (Water District No;;l9-E);
-
Project No. 3 Stratford Place Addition Street Improvements
I
- .
' L %
Res,oluti,on No. 1-970 i; I

, Odndtructidli'of street pavement, c d b and gutter in ~tratfor(i'Pla;'c~~ddition,
an &ditidn b the City of Newton, ~ a & $ Fpunty, Kansas;;-' 1-
I
Project'~o.4 - Autumn Glen ~ d d i t i k -g l4' y ~ p a ~t ~ir ,n Extension

8
e Improve-
ments ' I
,/ -
-
I .
Resolution ~ 0 . 1 ~ 9 6 3
a
,
a
Construction of'a water link ;@ension to serve LO& 1through 7, Block 1; Lots
1through 7, Block 4; Lots 1through 8, Block 5; and Lots 1through 17;~ldck 6, all
in AutuFhn GlenSAddition, an Addition tb the City of Newt@, Harv$y County,
~ a n s &(dVater
* *?ipiotict No. 23-A); ' 1
. *-
~ResolutionNo. 1-1006
, Construction of a water line extension to serve Lot 8, Block 1, Autumn Glen
Addition, =Addition to t ~ ; ~ i t yof Newton, ~ a r v e 'County,
i Kansas (Water District
'NO.23-A);
-
Project No. 6 ~ u t u m nGlen
' Addition - Sanitary Sewer Line Extension
Improvements
. Resolution No. 1-962
Construction of a sanitary sewer line extension to serve Lots 1 through 8,
Block 1;Lots 1through 7 and Lots 23 through 26, Block 4; Lots 1through 8, Block
5; and Lots 1through 17, Block 6, all in Autumn Glen Addition, an Addition to the
City of Newton, Harvey County, Kansas (Sewer District No.'34-A);
-
Project No. 6 Autumn Glen ~ d d i t i o n Street Improvements -
Construction of street pavement, curb and gutter in Autumn Glen Addition on
Autumn Glen Parkway from the East line of South Kansas Avenue to the East line
of Lot 7, Block 1of said Addition, and on Autumn Glen Court from the North line of
Autumn Glen Parkway as a cul-de-sac serving Lots 1through 6, Block 1of said
Addition, on Autumn Glen Court from the South line of AntumnGlen P&hy as'
a cnl-de-sac serving Lots 1 through 17, Block 6 of said Addition, &d on A b t ~
Riage from the South line ofAutumn Glen Parlnvpg to the South li&%f Lot@,.Black
5 of said Addition;
-
Project No. 7 -Autumn Glen Addition Drainage Improvements
aesOlution No. I-PB6

construction of drainage improvements in Autumn Glen Addition, an Addi-
tion to the City of Newton, Harvey County, Kansas;
- -
, * '
Project No. 8 Weber ~ d d i t i d n B h i t a r y s e w e r Line Extension Improve-
ments

Construction of a sanitary sewer line extension to servq Lots 1through 3,
Block 1,W e b r Addition, an Addition to the City of Newton, Harvey County, Kansas
(Sewer District No. 33-B);
- -
Project No. B Westhaven Third Addition Wa*r Line Extension Improve-
xpents '

Consh&ion of a: water line extension to serve h t s 9 through 15, Block 1;and
Lots 1through 11,Block 2, Westhaven Third AddiGgn, an Addition to the City of
Newton, Harvey County, Kansas Water District No. 11-D);
. .
- -
Project No. 10 Westhaven Third Addition Sanitary Sewer Line Extension
Improvements

Construction of a sanitary sewer line extension to serve Lot 11,Bock 1; and
Lots 1through 11,Block 2, Westhaven Third Addition, an Addition to the City of
Newton, Harvey County, Kansas (Sewer District No. 10-R);
-
Project No. 11 Ragsdale's Addition
Improvements
- Sanitary Sewer Line Extension
Construction of a sanitary sewer line extension and a lift station to serve Lot
lA, Block 14, of a replat of Lots 1through 21 and the West half of Lot 22, Block 14,
Ragsdale's Addition, an Addition to the City of Newton, Harvey County, Kansas
(Sewer District No. 1-A);
- -
Project No. 12 Westhaven Thirg Addition S k e e t Improvenients
Resolution No. 1.973

Construction of street pavement, curb and gutter in Westhaven Third Addi-
tion, an Addition to the City of Newton, Harvey County, -as;
Project No. 1 3-Autumn Glen 1st a n d 2nd Additions -Water Line Extension
Improvements

Construction of a water line extension to serve Lots 1through 7, Block 1,
Autumn Glen 2nd Addition, an Addition to, the City of Newton, Harvey County,
Kansas;and Lots 8 through 26, Block 4; Lots 9 through 15, Block 5; Lots 33 and 34,
Block 3; h d Lot 8, Block 2; all in Autumn Glen Addition; an Aadition to the City of
Newton, Harvey County, Kansas (Water District No. 23-B); . .
Project No. 14 -Autumn Glen 1st a n d 2nd Additions- Sanitary Sewer Line
Extension Improvements .
Construction of a sanitary sewer line extension to serve Lots 1through 7,
Block 1,Autumn Glen 2nd Addition, an Addition to the City of Newton, Harvey
County, Kansas; and Lots 8 through 22, Block 4; Lots 9 through 15, Block 5; Lots 33
and 34, Block 3; and Lot 8, Block 2; all in Autumn Glen Addition, an Addition to the
City of Newton, Harvey County, Kansas (Sewer District No. 34-B);
-
Project No. 15 -Autumn Glen 1st a n d 2ndAdditions Street Improvements

Paving of portions of Autumn Glen Parkway, Autumn Ridge, Duncan and
Autumn Glen Court in Autumn Glen Addition and in Autumn Glen 2nd Addition,
to the City of Newton, Harvey County, Kansas;
- -
Project No. 16 Wheatridge Addition (Phase III) Street Improvements

Construction of street pavement, curb and gutter in Wheatridge Addition
(Phase 111) to serve Lot 20, Block 1;Lots 22 and 23, Block 2; all in Wheatridge Addi-
tion to the City of Newton, Harvey County, Kansas; and Lots 11through 15, Block
5, Turkey Red Subdivisionto the City of Newton, Harvey County, Kansas;
Project No. 17
Improvements
- Westwood Addition - Sanitary Sewer Line Extension
Construction of a sanitary sewer line extension to serve Lots 1 through 21,
Block 1;Lots 1through 10, Block 2; and Lot 6, Block.5; all in Westwood Addition, an
Addition to the City of Newton, Harvey County, Kansas (Sewer District No. 35-A);
- -
Project No. 18 TFDM Addition Street Improvements
Resolution No. I-i)81
Extension of Windward Drive to South Kansas Avenue, consisting of the con-
struction of approximately 1,014 lineal feet of concrete ~ a v i n with
g curb and gutter,
and all related paving and drainage appurtenances;
- -
Project No. 19 Stone Creek Estates Street Improvements

Extension of street pavement, curb and gutter in Stone Creek Estates to Dun-
can Street;
'
Project, No. 20- Stone Creek Estates
Improvements
- Sanitary Sewer' Line Extension
ResolutionNo. 1-983
Constryction of a sanitary sewer line extension to serve h t s 18 through 22,
Block 3; and k t s ' 5 through 7, Block 4; all in Stone Creek Estates, an Addition to
the City of Newton, Harvey County, Kansas (Sewer District No. 29-H);
-
Project No. 21 Stone Creek Estates -Water Line Extension Improvements

Construction of a water line extension to serve Lots 18 through 22, Block 3;
and Lots 5 through 7, Block 4; all in Stone Creek Estates, an Addition to the City of
Newton, Harvey County, Kansas (Water District No. 5-1);
- -
Project No. 22 Stratford Place Addition Sanitary Sewer Line Extension
Improvements
Resolution No. 1-98'7

Conspuction of a sanitary sewer line extension to serve Lots 4 and 5 and Lots
8 through 40, Block 4; and Lots 9 through 14, Block 10; all in Stratford Place Addi-
tion, an Addition to.the City of Newton, Harvey County, Kansas (Sewer District No.
31-F); .
- -
Project No. 23 Stratford Place Addition Water Line Extension Improve-
ments
- ftesolution No. 1-986

!
qonstruction of a water line extension to serve Lots 7 through 13, Block 3; Lots
a
2 tkough 20; and Lots 33 through 46, Block 4; and Lots 9 through 14, Block 10, all
in Strktford Place Addition, an Addition to the City of Newton, Harvey County,
Kansiie(Water District No. 19-F);
- -
Project No. 24 Stratford Place Addition Street Improvements

Extension of street pavement, curb, gutter, storm sewer and related appurte-
nances in Stratford Place Addition;
Project No. 25 - Wheatridge Addition - Sanitary Sewer Line Extension

Improvements

Cbnstmction of a sanitary sewer line extension, four manholes and related
appurtenances to serve Lots 1through 23, Block 2, Wheatridge Addition, an Addi-
tion to the City of Newton, Harvey County, Kansas (Sewer District No. 30-A4); and
Project No. 26 - Turkey Red Village Addition and Wheatridge Addition -

Street Improvements

Extension of street pavement, curb, gutter and related appurtenances in
Turkey Red Village Addition aqd meatridge Addition;
there are hereby levied and assessed the amounts (with such clerical or adminis-
trative amendments thereto as may be approved by the City Attorney) against the
property described on Schedules 1-26, inclusive, attached hereto.
Section 2. Payment of Assessments. The amounts so levied and assessed

in Section 1of this Ordinance shall be due and payable &om and after the date of
publication of this Ordinance. Such amounts may be paid in whole or in part with-
in thirty (30) days from the date of publication of this Ordinance.
Section 3. Notification. The City Clerk shall notify the owners of the prop-
erties described in Schedules 1-26, inclusive, attached hereto insofar as known to
said City Clerk, of the amounts of their respective a~sessments;and, said notice
shall further state that unless such assessments are paid within t h w (30) days
from the date of publication of this Oydin&%, b5nds will be issued therefor, and the
amount of such assessment wil~becollected in installments with interest.
Section 4. ~ertftibatop,Any amount of special aasesmenta not paid with-
in the time presrribed'in &&ion 2 h m o f shall be certitied by the City Clerk to the
Clerk of Harvey Chi&, Wae,in the same manner and a t the same time aa other
taxes are certified and be collected in 20 annual installments, together with
interest on such amounts at a rate not exceeding the maximumrate therefor as pre-
~ - - - ~ ~
scribed by the Act. Interest on the assessed &unt remaining unpaid between the
effective date of this.Ordinance and the.date the first installment is payable, but not
less than the amount of interest dusduring the coming year on any outstanding
bonds issued to finance the Improvements, shall be added to the first installment.
The interest for one year on all unpaid installments shall be added to each subse-
quent installment until paid.
Section 5. Effective D&. This Ordinance shall take effect and be in force
from ~d after its passage, approv@IAandpublication once in the official City news-
paper.
PASSED by the governing body of the City on June 8,2004 and signed by the
Maggr.
1 % ,: ,
(SmU
IS/ Willis G. Heck, Mayor
i
i, SCHEDULE.1
t Resolution No. 1-969
-
Property Amount
Block 10, Lot 1- Stratford Place Addition $1,828.13
-
Block 4, Lot 47 Stratford Place Addition $1,828.12
s C H E D ~ 2
Construction of Water Line Extepsion Improvements
-
Stratford Place Addition Water District No. 19-E
Property Amount
Block 10, Lot 1'; Stratford Place Addition $1,099.20
-
Block 10, Lot 5 Stratford,PlaceAddition $1,099.20
-
-
-
-
Block 6, Lot 8 - Stratford place Addition $1,099.21
1:
: : $1,099.21
Block 6, Lot 11- Stratford Place Addition . I..
,., .' , . -,. $1,099.21
Block 7, Lot 8 - Stratford Place Addition ... . ... n . .
.s!.,
-
Block 7, Lot 9 Stratford Place Addition ~ -
. ...; ,;
$1,099.21
$1,099.21
Block 7, Lot 10 - Stratford Place Addition . . $1,099.21
Block 7, Lot 12 - Stratford Place Addition . $1,099.21
SCHEDULE 3
Construction of Street Improvements o n Kingsley Avenue a n d Padding-
ton Avenue
Propew Amount
-
Block 4, Lot 55 - Stratford Place Addition '$4,677.72
Block 6, Lot 2 - Stratford Plaee Addition $4,677.72
Block 6, Lot 10 - stratford Place Addition $4,677.72
SCHEDULE 4
Resolution No. 1-963 a n d Resolution 1-1006
-
Property Amount
Block 1, Lot 1- Autumn Glen Addition $1,926.91
Block 1, Lot 2 -Autumn Glen Addition $1,926.91
Block 1,Lot 3 - Autumn Glen Addition $1,926.91
Block 1,Lot 8 -Autumn Glen Addition $1,926.90
Block 4, Lot 1-Autumn Glen Addition $1,926.90
Block 5, Lot 1- Autumn Glen Addition -; w u k r t $11926.90
Block 5;Lot 2 -Auhqnq Glen Addition I $iU926.90
Block 5, Lot 3 - A u h n Glen Addition ... 8 $iL@26.90
Block 5, Lot 5 -Autumn Glen Addition
-
Block 5, Lot 6 Au- Men Addition
Block 5, Lot 7 -Auturah Glen Addition
Block 5, Lot 8 -Autumn.Glen Addition
-
Block 6, Lpt 3 A u t q n Glen Addition
Block 6, Lot 7 - Autumn Glen Addition,
Block.6,Lot 8 -Autumn Glen Addition
Block 6, Lot 12 -Autumn Glen Addition ,
Block 6, Lot 15 - A,utumn Glen Addition
SCHEDULE 6
Construction of Sanitary Sewer Line Extension Improvememts
-
Autumn Glen Addition Sewer District No. 34-A
property Amount
Block 4, Lot 1 -Autumn Glen Addition $31344,.72
Block 5, Lot 8 -Autumn Glen Additiqn $3,344.72
Block 6, Lot 4 -Autumn Glen Addition $3,344.71.
Block 6, Lot 7 -'Autumn Glen Addition $3,344.71
Block 6, Lot 11-Autumn Gleu Addition $3,344.71
Block 6, Lot 13 -Autumn Gleu Addition $3,344.71
SCHEDULE'G
Construction of Street Improvements o n Autumn Glen Parkway dt
Autumn Glen Court
Property Amount
Block 4, Lot 1-Autumn Glen Addition
Block 4, Lot 2 -Autumn Glen Addition '
Block 4, Lot 7 -Autumn Glen Addition ,
-
Block 5, Lot 4 Autumn Glen Addition
Block 5, Lot 5 L Autumn Glen Addition
BlocE 5, Lot 8 -Autumn Glen Addition
Block 6, Lot 1- Autumn Glen Addition
Block 6, Lot 8 - Aut- Glen Addition
-
-
SCHEDULE 7
Constmotion of Drainage Improvements
property Amount
Block 1,Lot 1-Autumn Glen Addition $2,749.08
Block 1,Lot 3 - Autumn Glen Addition $2,749.08
Block 2, Lot It -Autumn Glen Addition $2,749.08
Block 2, Lot 13-Autumn Glen Addition $2,749:08
Block 3paot 12 - Autumn Glen Addition $2,749.08
Block~3;iLlot13- Autumn Glen Addition $2,749.08
Block 3fiLIdt 14 -Autumn Glen Addition $2,749.08
-
Block 3,Lot 16 Autumn Glen Addition
-
Block 3,Lot 18 -Autumn Glen Addition
-
Block 3,Lot 22 - Autumn Glen Addition
-
-
Block 4,Lot 8 - Auturhn Glen Addition
Block 5, Lot 5 -Autumn Glen Adstion
Block 6,Lot 1-Autumn Glen Addition
-
-
Block 6, Lot 3 Autvmn Glen Addition
- Block 6,Lot 7 -Autumn Glen Addition
SCHEDULE 8
-
Weber Addition Sewer District No. 33-B
Property Amount
Block 1,Lot 1 -'Weber Addition $4,338.39
Block 1,Lot 2 - Weber Addition $4,338.39
Block 1,Lot 3 - Weber Addition $4,338.39
8CHEDUW&s
Construction of Water Line E s t e d o p Impmvern~pt.
-
Weathaven 111Addition Water Motrict No. 11-D
fioperts . Amount
-
Block 1,Lot 9 Westhaven 3rd kddition
//
$1,414.40
-
Block 1;Lot 10 Westhaven 3rd Addition $1,414.40
Block 1,Lot 11- Westhaven 3rd Addition $1,414.40
-
Block 1,Lot 12 Westhaven 3rd Addition $1,414.40
Block 1,Lot 13 - Westhaven 3rd Additio
-
Block 1,Lot 14 Westhaven 3rd Additi n
Block 1,Lot 15 - Westhaven 3rd Addition
k $1,414.40
$1,414.40
$1,414.40
-
-
-
Block 2, Lot 11- Westhaven 3rd Addition $1,414.41
SCHEDULE 10
-
Westhaven III Addition Sewer District No. 10-R
property Amount
-
-
SCHEDULE 11
Construction of Sanitary Sewer Line Extension a n d Lift Station Improve-
ments
-
R i g d a l e ' s Addition Sewer District No. 1-A
Property mount
Block 14, Lot LA bf a replat of Lots 1through 21, and the West half of Lot 22 -Rags-
dale's Addition ;' .
$39,037.32
SCHEDULE la
Con&ction of Street Improvements o n Country Lane &West 17th
Street
Westhaven III Addition
Property Amount
-
Block 1,Lot 9 Westhaven 3rd Addition $6,916.21
-
Block 1, Lot 12 - Westhaven 3rd Addition - $6,916.21
Block 1, Lot M- Westhaven 3rd Addition $6,916.21
-
Block 2, Lot 1 Vesthaven 3rd Addition $6,916.21
-
Block 2, Lot 5 - We$thaven 3rd Addition $6,916.21
Block 2, Lot 11- Westhaven 3xd Addition
I ? < ! d.11.I
. $6,916.22
-13 SCHEDULE 1s
tnr R e d u t i o n NO. 1-978
Amount
$1,996.68
$i,99e.sa
$19,966.80
$1,996.68
$1,996.68
$1,996.68
$1,996.68
$1,996.68
$1,996.68
$1,996.68
$1,996.68
$1,996.68
$1,996.68
$1,996.68
$1,996.68
$1,996.68
$1,996.68
$1,996.68
$1,996.68
$1,996.68
$1,996.68
$1,996.68
$1,996.68
$1,996.68
$1,996.68
$1,996.68
$1,996.68
$1,996.68
DLWU a, w c M I - n u b w fiuu1uuu $1,996.68
Block 1, Lot 1-Autumn Glen 2nd Addition $1,996.68
-
Block 1, Lot 2 Autumn Glen 2nd Addition $1,996.68
-
Block 1, Lot 3 Autumn'Glen 2nd Addition $1,996.68
Block 1, Lot 4 -Autumn Glen 2nd Addition $1,996.68
Block 1, Lot 5 -Autumn Glen 2nd Addition $1,99as7
SCHEDULE 14
Property Amount
Block 1, Lot 4 -Autumn Glefi 2nd Addition $2,768.42
-
-
-
-
-
-
-
-
SCHEDULE 15
Resolution No. I-B80-B
Property Amount
Block 1,Lot 2 -Autumn Glen 2nd Addition
Block 1, Lot 5 -Autumn Glen 2nd Addition
Block 4, Lot 8 -Autumn Glen Addition .,
Block 4, Lot 17 -Autumn Glen adi it ion
-
Block 5, Lot 11- Autumn Glen Addition
SCHEDULE 16
Construction of Street Improvements o n Windward Drive,Phase XU
Wheatridge Addition
Property Amount
Block 1,Lot 20 - Wheatridge Addition $4,683.60
Block 5, Lot 11- Turkey Red Village Addition $4,683.61
-
Block 5, Lot 12 Turkey Red Village Addition $4,683.61
SCHEDULEJ7
-
. Westwood Addition Sewer District No. 96-A
Property Amount
Block 1,Lot 1- Westwood Addition $2,847.37
Block 1,Lot 2 - Westwood Addition $2,847.37
-
Block 1, Lot 10 Westwood Addition $2,847.37
Block 1, Lot 11- Westwood Addition $2,847.37
-
-
Block 2&&3 - W e s t w ~ A
d dfith, t $2,847.37 .
Block 2 Lot 4 - Westwood Addition $2,847-37 ,
Block.2, kot 5 - Westwood Additioq., .- . $2,847.36
SCHEDULE 18
Construction of Street Improvements o n Windward Drive to South
Kansas Avenue
TFDM Addition and Unplatted Tra&
property Amount
Block 1, Lot lTFDM Addition $58,881.32
Block 1, Lot 2TFDM Addition $39,545.70
264.00 Frontage Feet of Tract 1, Lot 1 -A tract beginning 80 feet West of the South-
east corner of the Northeast Quarter of Section 29, Township 23 South, Range 1
East, Harvey County, Kansas; thence West 1230 feet; thence North 312 feet; thence
East 1230 feet; thence South 312 feet to the point of beginning.
$27,223.11
-
482.08 Frontge Feet of Tract 1, Lot 2 A tract beginning 80 feet West of the South-
east corner of the Northeast Quarter of Section 29, Township 23 South, Range 1
East, Harvey County, Kansas; thence West 1230 feet; thence North 312 feet; thence
East 1230 feet; thence South 312 feet to the point of beginning.
$49,711.05
494.44 Frontage Feet of Tract 1 - A tract bep;inning 80 feet West of the Southeast
corner of the Northeast Quarter of Section 29, Township 23 South, Range 1 East,
Harvey County, Kansas; thence West 1230 feet; thence North 312 feet; thence East
1230 feet; thence South 312 feet to the point of beginning.
$50,985.59
286.29 Frontage Feet of Tract 2 - A tract beginning at the Southwest corner of Lot
1, Block 1, TFDM Addition to the City of Newton, Harvey County, Kansas; thence
West 285 feet; thence North 1400 feet; thence Southeasterly 370 feet to the North-
western corner of Lot 1, Block 1, TFDMAddition; thence South to the point of begin-
ning.TFDM Addition
$29,521.61
SCHEDULE 19
Stone Creek Estates Addition .
property Amount
-
Block 3, Lot 19 Stone Creek Estates Addition $9,384.30
Block 3, Lot 23 - Stone Creek estates Addition $9,384.30
SCHEDULE 20
-
. Stone Creek Estates Addition Sewer District No. 29-H
fioperty Amount
-
Bloek 3, Lot 21 - Stone Creek Estates Addition $3,439.52
SCaEDULE 21
Resolution No. I-984
-
Stone Creek Estates Addition Water District No. 5-1
Property Amount
-
SmEDuLE11
BeroIutimNa 1467
:. ~orutru&onof S ~ i t a r Sewer
y llae Exhadon Impiovemenb
BtnHord PlaceAddition 8eaer Mdricf No..81-F
. .
mwrtl .'. . Amount
-
Bl& 4, h t 4 Stratford Place Addition $1,317.84
-
-
Bl& 4, Lot 5 Stratford Placa Addition $1,311.64
-
Block 4, Ut 8 Stratford Place Addition .
. $1,317.64
-
Bl& 4, Lot 9 Stratford Place Addition .. $1;317.&4
-
Bloclr 4, Lot 10 Stratford Place Addition : . $1,317.64
Block 4, Lot 11 Stratford Place addition^^.^ : $1,317.64
-
'
Bloclr 4, Lot 12 Stratford PIace Addition ; $1,317.64
Block 4, Lot 1 3 - Stratford place Additibn ' . $1,317.64
-
Blkkek'4, Lot 14 Stratford Pla& Addition . $1,317.64
-
-
-
Block 4, h t 17 Stratford Place Addition $1,317.64
-
Block 4, b t 18 Stratford Place Addition $1,317.64
-
-
-
-
Block 4, Lot 22 Stratford.Place Addition $1,317.64
-
-
-
Block 4; Lot 26 - Stratford Place Addition $1,317.63
-
Block 4, Lbt 27 Stratford Place Addition . .$1,317.63
-
Bldck 4, Lot 28 Stratford Place Addition. . $1,317.63
-
-
Block 4, Lot 3 1 Stratford Place Addition $1,317.63
-
-
-
-
-
-
-
-
-
Block'lO, Lot 12 Stratford Place Addition $1,317.63
-
Block.10, Lot 13 Stratford Place ~ 4 d i t i o n $1,317.63
-
Block 1%Lot 14 Stratford Place Addition - $1,317.63
SCHEDULE 23
Resolution NokI-986
Stratford Place Pid#ti'on -Water District No. 19-F
. . . -
Property -&,
, Amount
-
-
-
Block 3. Lot 9 Stratford Place Addition
-
Block 3; Lot 10 Stratford Placehddition $1,279.00
-
Block 3, Lot 11 Stratford Place Addition , $1,279.00
-
Blo& 3, Lot 12 Stratford Place Addition $1,270.00
-
-
Block 4,'Lot 2 Stratford Place Addition $1,279.00
-
-
-
-
-
-
Blok 4, Lot 10 Stratford Place Addition $1,279.00
-
Block'4, Lot 11 Stratford Place Addition
-
Block 4, Lot 12 Stratford Place Addition
-
-
-
-
Block 4, Lot 20 Stratford Place Addition 7
-
-
. Il&TIl Block2,Lot 12-WheatridgeAdditim
~ i W - B t i . i i t C o i d ~ M d i t & m -2
-
Blodi4, M 36 Stratford Place Addition . ' $l,279.01
'
-
Block 2, Lot 18 Wheatridge &Won .
$l,l22.76
$l,laa.76
Bloa4,Lot37-StratfordPlamAddition $l,!nB.Ol Block 2, Lot 34 - ~ W h e e t r i d g e m . *. SLl22.76
Block 2, Lot 15~-WheaMdgeAddition $l,lza.76
BlDelrb,~a8-StmtrordPlaesAddition
- $1,279.01
-
Block 2, Lot 16 Wheatridge Addition $i,m.76
Bl& 4, Lot 39 Btratfmd P l m Addition
-
'Block4, Lot 40 Stratfotd Plam Addition
$1,279.01
$l,!nS.Ol
-
Block 8, Lot 17 Wheatridge Addition $i;m.76
Block 4, Lot 41 - Stratford Plam Addition
'
$1,279:01
-
Block 2, Lot 18 Wheatridge Addition $l,lM.76
-
Block 4, Lot 42 Stratford F'laca Addition $1,278.01
Block 2, Lot 19'- Wheatridge Addition
- $LlB2.76
"
Block 4, Lot 43 5 Stratford place Aaditiori' $1,279.01 Block 2, Lot 20 wheatridge Addition
-
$l,l22~76
Block 4, Lot 44 - Stratford Ph.AHditlon $1,279.01 Block 2, Lot 21 Wheatridge Addition $I,laa.76
Bl& 4, tot 46* StratTord Plaia Additioa
'
. ' $&,279.01 .' -
Block 2, l o t 22 wheatridge Addition $l,lm.76
Block 4, Lot 46 - Stratford h e Addition. . $1,279.01
-
Block 2, Lot 23 Wheatridge Addition $l,l22.76
- . '
Block 10, t o t 9 Stratford'PllawAddition.
-
Block 10, lot 10 Stratford Place Addition
Block 10, tot 11'-Stratford PlacqMdition
$1,279.01
$1,279.01
$1,279.01
1j SCHEDULE 28
Resolution No. 1-994 '
-
Block.10, W 12 Stratford Place Addition . . $1,279.01 ' Construction of Street Improvements o n Wheatridge Court
- ' Turkey Red Village Addition and Wheatridge Addition
-
Blokk 10, Lot 13 Stratford Place Addition
Block l0;:tot 14 Stratford.Plaeru+Sddition
" . , 2. ..
,
$1,279.01
$1,279.01
fiopefiy ., Amount
.. - :SCEEOULE24 -
. . ~solutionNo:~-991
' '
-
Block 5, Lot 17 Turkey Red Village Addition . $5,326.08
Block 5, Lot 18-Turkey Red Vdlage Addition $5,326.08
Ekbniion of Street Pavement, Curb, Storm Sewer and Related App-
... n a n e w ' . :
-
Block 5, Lot 20 -Turkey Red Village Addition
3 .
' . . Block 5, Lot 21 -Turkey Red Village Addition
$5,326.09
:. $5,326.09
Block 5, Lot 22 -Turkey Red Village Addition $5,326.09
property . . .
Block 3, Lht 7 - stratford place ~ d k t i o n
Amo~nt
$6,808.50
-
Block 2, Lot 16 Wheatridge Addition $5,326.09
Bl& 3, Lot 8 - Stratford Place Addition $6808.50
-
Block 2, Lot 17 V&eatridge.Addition : $6,326.09
Block 3, Lo6 9 - Stratford Place Addition $6,808.50 .
-
Block 2, Lot 18 Wheriixidge-Addition $5,326.09
Block 3, Lot 10 - Stratford Place Addition. $6,608.50 . -
Block 3, Lot 11- Stratford Place.Addition
-
$6,808.50 -
Block 3, Lot 13- Stratford Place Addi~on
$6,808.50
$6,808.50
-
-- .-. . - . - . . . .- - -. -
Bl* 4 Lot 2 - Stratford Place Addition $6,808.50
-
Block 4, Lot 4 Stratford Place Addition.
Block 4, Lot 5 - Stratford Place Ad&ion
$6,808.50
$6,808.50
$6,808.49
Block 4;bt 6 - Stratford Place Addition $6,808.49
Block 4, Lot 8 - Stratford Place Addifion $6,808.49
Block 4, Lot 9 - Stratford Plade Addition '. . $6,808.49
Block 4, Lot 11- Stratford Place Addition . . $6,808.49
Block 4, Lot 15 - Stratford Place Addition $6,808:49
.Block'4, Lot 16 - Stratford Place Addition $6,808.49
Block 4; Lot 33 - Stratford Place Addition $6,808.49
Block.4, Lot 34 - Stratford Place Addition $6,808.49
Block 4, Lot 37 - Stratford Place Addition .. $6,808.49
Block 4, Lot 38 - Spatford Place Addition $6,808.49
Block 4, Lot 39 - Stratford Place Addition $6,808.49 .
Block 4, Lot 40 - Stratford Place Addition ' $6,803.49
Bldck 4;Lot 42 - Stratford Place Additibn . $6,808.49
B1156k 4jLot 43 - Stratford Place Addition $6,808,49
Block 4, Lot 44 - Stratford Place Addition . . . .. $6,808.49
Block 4, Lot 45 - Stratford Place Addition. $6,808.49
Block 4;Lot 46 - Stratford Place Addition : .$6,808.49
Block 10, Lot 9 - Stratford place Addition . $6,80869 +
Block 10; Lot10 - Stratford Place Addition $6,808.49

.Block 10, Lot 11- Stratford Place Additih .:, . $6,808.49
Block 10, Lot 14 - Stratford Place Addition. :. $6,808.49
. .
.. SCHEDULE 25
-
Property Amount
-
-
Block 2. Lot 2 Wheatridee Addition $1,122.77
-
Block 2; Lot 3 Wheatridge Addition $1,122.77
-
Block 2, Lot 5 Wheatridge Addition . $1,122.77
-
-
-
-
Block 2, Lot 11 Wheetridge Addition $1,122.76
CERTIFICATE OF MAlLING
STHE OF W S A S 1
) ss:
COUNTY OF HARWY 1
The undersigned, City Clerk of the City of Newton, Kansas, do hereby certify that on June 11,
2004, the date on which Ordinance No. 4491-04 (the "Ordinance") of the City was published, I caused to
be mailed to the owners of the properties liable for the assessments set out in the Ordinance, at their last
known post office addresses, a Notice of Assessment showing the respective assessments levied against
their properties and stating the manner in which said assessments will be collected.
A sample copy of the form of such Notice of Assessment is attached hereto.
FWTNESS my hand and seal as of June 11,2004.
Ronald Ahsmuhs, City Clerk
[attach sample copy of form]
JLE\1\403552\ASSESSMENTSPHASE 2 (06-01-04)
NOTICE OF' ASSESSMENT
June 11,2004
Newton, Kansas
Property Owner:
You are herebynotified, as owner of record of the property described onSchedub 1attached
hereto, that pursuant to OrdinanceNo. 449 1-04 (the "Ordinance") of the City ofNewton,Kansas (the
"Citf') there has been assessed against said property, the costs of certain internal improvements
heretofore authorized by the City Commission of the City (the ''Irnprovements9'). The description
of the Improvements, the resolution number authorizingthe same and the amount of assessment are
set forth on Schedule 1attached hereto.
You may pay this assessment in whole or in part to the City Treasurer of the City within
thirty (30) days from the date hereof; and if the amount is not paid within said thirty (30) days, bonds
will be issued therefor, and the balance of such assessment will be collected in installments over a
period of 20 years, together with interest on such amounts remaining unpaid at a rate not exceeding
the maximum rate therefor as prescribed by K.S.A. 12-6a01 et seq. Interest accruing between the
date set forth above and the date the first installment is payable, but not less than the amount of
interest due during the coming year on any outstanding bonds issued to finance the Improvements,
shall be added to the first installment. The interest for one year on all.unpaid installments shall be
addedto each subsequent installment until paid.

SCHEDULE 1
Resolution No. 1-963 and Resolution No. 1-1005
Construction of Water Line Extension
Water District No. 23-A
DESCRIPTION OF PROPERTY TO BE ASSESSED

FIELD(Property1)
FIELD(Am0unt 1)
FIELD(Property2)
FIELD(AmountS)
Description of Property Amount Proposed to be ~ k e s s e d
FIELD(Propertyl3)
FIELD(Am0unt13)
FIELD(Propertyl4)
CERTIFICATE OF CITY TmASURER
STATE OF KANSAS 1
) ss:
COUNTY OF HARVEY 1
The undersigned, City Treasurer of the City of Newton, Kansas (the "City"), do hereby certify
that within the time allowed by Ordinance No. 4491-04 of the City for the payment of special assessments
in cash, property owners specially assessed for the costs of certain internal improvements heretofore
authorized by the governing body of the City, paid in cash the amounts set forth below:
Resolution No. Amount

1-969 $ 3,656.26
1-968 4,297.61
1-970 14,033.18
1-963
1-1005
1-962
1-964
1-966
1-967 4,338.39
1-972 5,657.60
1-971 4,047.80
1-974 39,037.32
1-973 23,334.23
1-978 1,996.68
1-977 2,768.42
I-980-B
I-973-B
1-985
1-994
TOTAL $103.167.49
WITNESS my hand on July 13,2004.
City Treasurer
JLN403552kSSESSMENTS PHASE 2 (06-01-04)2

07/06/2004
EXCERPT OF MIMJTES OF A MEETING

TEE CITY OF NEWTON, KANSAS
HELD ON JULY 13,2004
The governing body met in regular session at the usual meeting place in the City, at 7:00 p.m., the
HECK, JONES, LOESCHER, SCOTT & TREASTER
Absent: NONE
(Other Proceedings)
The matter of providing for the offering for sale of approximately $5,425,000 principal amount of
General Obligation Bonds, Series 2004-A, and approximately $525,000 principal amount of Taxable
General Obligation Refunding Bonds, Series 2004-B, came on for consideration and was discussed.
Commissioner LOESCHER presented and moved the adoption of a Resolution entitled:
RESOLUTION AUTHORIZING THE OFFERING FOR SALE OF GENERAL

OBLIGATION BONDS, SERIES 2004-A AND TAXABLE GENERAL
OBLIGATION REFUNDING BONDS,. SERIES 2004-B, OF TEE CITY OF
NEWTON, KANSAS.
Commissioner JONES seconded the motion to adopt the Resolution. Thereupon, the Resolution
was read and considered, and, the question being put to a roll call vote, the vote thereon was as follows:
Aye: HECK, JONES, LOESCHER, SCOTT & TREASTER.
Nay: NONE.
The Mayor declared the Resolution duly adopted; the Clerk designating the same Resolution
NO.G-900.
(Other Proceedings)
[BALANCE OF THIS PAGE INTENTIONALLYLEFT BLANK]
JLN\403552\SALEDOCS MINUTES (07-06-04)

CERTIFICATE
I nutes of such proceedings are on file in my office.
. .-~
.--*
JLM403552\SALEDOCS MINUTES (07-06-04)

2
07/12/2004
RESOLUTION NO. G-900

RESOLUTION AUTHORIZING THE OFFERING FOR SALE OF GENERAL
OBLIGATION BONDS, SERIES 2004-A AND TAXABLE GENERAL
OBLIGATION REFUNDING BONDS, SERIES 2004-B, OF THE CITY OF
NEWTON, KANSAS.
WHEREAS, the City of Newton Kansas (the "Issuer"), has heretofore authorized certain internal
improvements which are payable in whole or in part from special assessments levied against benefited
property, described as follows (the "Special Assessment Improvements"):
Project Description Ord/Res No. Authority Amount

Stratford Place Addition - Sanitary Sewer 1-969 12-6a01 et seq. $ 54,843.74
Line Extension Improvements (Sewer I I I
District No. 3 1-E)
Stratford Place Addition - Water Line 1-968 -
12-6a01 et seq. 37,373.08
Extension Improvements (Water District 1 I I
NO. 19-E)
Stratford Place Addition - Street 1-970 12-6a01 et seq. 165,410.88
Improvements
Autumn Glen Addition - Water Line 1-963 and 12-6a01 et seq. 77,076.03
Extension Improvements (Water District 1-1005
NO.23-A)
Autumn Glen Addition - Sanitary Sewer 1-962 12-6a01 et seq. 147,167.54
Line Extension Improvements (Sewer
District No. 34-A)
Autumn Glen Addition - Street1 1-964 1 12-6aOletseq. 1 323,553.64
Improvements
Autumn Glen Addition - Drainage 1-966 12-6a01 et seq. 360,129.09
Improvements
Weber Addition - Sanitary Sewer Line 1-967 12-6a01 et seq. 13,015.17~~
Extension Improvements (Sewer District
NO.33-B)
Westhaven Third Addition - Water Line 1-972
Extension Improvements (Water District
NO. 11-D)
Westhaven Third Addition - Sanitary Sewer 1-971
District No. 10-R)
Ragsdale's Addition - Sanitary Sewer Line 1-974 12-6a01 et seq 258,046.78
NO. 1-A)
Westhaven Third Addition - Street 1-973 12-6a01 et seq. 127,657.75
Improvements
JLN\403552\SALEDOCS NEGOTIATED (07-06-04)

Autumn Glen 1st and 2nd Additions - 1-978 12-6a01 et seq. 89,850.57
Water Line Extension Improvements
(Water District No. 23-B)
Sanitary Sewer Line Extension
Improvements (Sewer District No. 34-B)
Autumn Glen 1st and 2nd Additions - Street I-980-B 12-6a01 et seq. 485,697.28
Improvements
Wheatridge Addition - Street Improvements I-973-B 12-6a01 et seq. 39,775.85
(Phase III)
Westwood Addition - Sanitary Sewer Line 1-985 12-6a01 et seq. 91,115.77
NO.35-A)
TFDM Addition - Street Improvements 1-981 12-6a01 et seq. 310,256.31
Stone Creek Estates - Street Improvements 1-988 12-6a01 et seq. 84,458.70
Stone Creek Estates - Sanitary Sewer Line 1-983 12-6a01 et seq. 27,516.18
Extension Improvements (Sewer District 1 I I 1
NO.29-H)
Stone Creek Estates - Water Line Extension 1-984 12-6a01 et seq. 14,719.08
Improvements (Water District No. 5-1)
Stratford Place Addition - Sanitary Sewer 1-987 12-6a01 et seq. 54,023.00
District No. 31-F)
Stratford Place Addition - Water Line 1-986 12-6a01 et seq.
- 58i834.30
NO. 19-F)
Improvements
Wheatridge Addition - Sanitary Sewer Line 1-995 12-6a01 et seq. 25,823.57
NO.30-A4)
Turkey Red Village Addition and 1-994 12-6a01 et seq. 71,358.49
Wheatridge Addition- Street Improvements
Total Special Assessment Improvements $3,402,968.18
WHEREAS, the Special Assessment Improvements are completed and the Issuer desires to issue
its general obligation bonds in order to permanently finance the costs of such Special Assessment
Improvements not paid in cash by the owners of benefited property; and
WHEREAS, the Issuer has heretofore authorized certain capital improvements which are payable
by the City-at-large, described as follows (the "Capital Improvements"):
Project Description OrdJRes No. Authority Amount

Hangar E Improvements G-79 1 13-1024a, as amended 18,862.00
by Charter Ordinance
No. 35 of the Citv

Waterline Relocation - Broadway and G-797 65-163d through 65- 43,465.82
Interstate 135 163u
Airport Building Improvements G-79 1 13-1024a, as amended 27,049.00
No. 35 of the City
Airport Improvements FAA '14" G-8 18 13-1024a, as amended 94,044.05
No. 35 of the City
West T Hangar Extension G-818,as 13-1024a,asamended 350,941.02
amended by by Charter Ordinance
G-833 NO.35 of the City
Skytde (Park Improvements) 1-976 13-1024a, as amended 197,370.04
I I I by Charter Ordinance I I
Improvements 1-975 107,499.00

Service Center Public Building 12-1736 et seq.
Main Trafficway Improvements - West 1st Ord. Nos. 12-685 et seq. 256,277.05
Street fiom Meridian Road to Elm Street; 3953 and
and West Broadway from Meridian Road to 4289-99;
Elm Street Res. Nos. I-
996 and 997
Total Capital li~zprovenzents $2,023,049.98
WHEREAS, the Capital Improvements are completed and the Issuer desires to issue its general
obligation bonds in order to permanently finance the costs of such Capital Improvements; and
WHEREAS, the Issuer, has heretofore issued and has outstanding general obligation bonds; and
WHEREAS, due to the current interest rate environment, the Issuer has the opportunity to issue
its general obligation refunding bonds in order to achieve an interest cost savings on the debt represented
by such general obligation bonds described as follows (the "Refunded Bonds"):
Series Dated Date Years A~nourtt Redemption Date

200 1-B (Taxable) 08-15-01 . 2005to2011 $515,000 09-01-04
WHEREAS, the Issuer, has selected the firm of George K. Baum & Company, Wichita, Kansas
(the "Purchaser"), as underwriter for one or more series of general obligation bonds of the Issuer in order
to provide funds to permanently finance the Special Assessment Improvements and the Capital
Improvements (collectively, the "Improv~ments")and to refbnd the Refunded Bonds; and
WHEREAS, the Issuer desires to authorize the Purchaser to proceed with the offering for sale of
said general obligation bonds and related activities; and
WHEREAS, one of the duties and responsibilities of the Issuer is to prepare and distribute a
preliminary official statement relating to said general obligation bonds; and
JLN\403552\SALEDOCSNEGOTIATED (07-06-04)
WHEREAS, the Issuer desires to authorize the Clerk, in conjunction with the Purchaser to
proceed with the preparation and distribution of a preliminary official statement and all other preliminary
action necessary to sell said general obligation bonds; and
WHEREAS, due to the volatile nature of the municipal bond market and the desire of the Issuer
to achieve maximum benefit of timing of the sale of said bonds, the governing body desires to authorize
the Mayor to confirm the sale of such general obligation bonds, if necessary, prior to the next meeting of
the governing body to adopt the necessary ordinance and resolution providing for the issuance thereof.
NOW, THEREFORE, BE I T RESOLVED BY THE GOVERNING BODY OF THE CITY

OF NEWTON, KANSAS, AS FOLLOWS:
Section 1. The Purchaser is hereby authorized to proceed with the offering for sale of
approximately $5,425,000 principal amount of General Obligation Bonds, Series 2004-A and
approximately $525,000 principal amount of Taxable General Obligation Refunding Bonds, Series 2004-
B (collectively, the "Bonds") in accordance with the presentation made by the Purchaser this date. The
offering for sale of the Bonds shall be accomplished in consultation with the Clerk, Gilmore & Bell, P.C.
("Bond Counsel"), and the Purchaser. The confirmation of the sale of the Bonds shall be subject to the
execution of a bond purchase agreement between the Purchaser and the Issuer, the passage of an ordinance,
the adoption of a resolution by the governing body of the Issuer authorizing the issuance of the Bonds and
the execution of various documents necessary to deliver the Bonds. The Mayor is hereby authorized to
execute a bond purchase agreement (the "Bond Purchase Agreement") in a form approved by Bond Counsel
and the City Attorney, provided that the sale of the Bonds is subject to the following parameters: (a)
aggregate principal amount not to exceed $6,500,000; and (b) a true interest cost ("TIC") of not to exceed
5.00% on the Series 2004-A Bonds and 6.75% on the Series 2004-B Bonds.
Section 2. The Mayor and Clerk are each hereby authorized to execute the "Certificate Deeming
Preliminary Official Statement Final", in substantially the form attached hereto as Exhibit A, as approval
of the Preliminary Official Statement, such official's signature thereon being conclusive evidence of such
official's and the Issuer's approval thereof. The Issuer hereby consents to the use and public distribution
by the Purchaser of the Preliminary Official Statement in connection with the offering for sale of the
Bonds.
Section 3. For the purpose of enabling the Purchaser to comply with the requirements of Rule
15c2-12 of the Securities Exchange Cominission (the "Rule"), the appropriate officers of the Issuer are
hereby authorized to (a) covenant to provide continuous secondary market disclosure by annually
transmitting certain financial information 'and operating data and other information necessary to comply
with the Rule to certain national repositories and the Municipal Securities Rulemaking Board, as
applicable; and (b) take such other actions or execute such other documents as such officers in their
reasonablejudgment deem necessary; to enable the Purchaser to comply with the requirement of the Rule.
Section 4. The Issuer agrees to provide to the Purchaser within seven business days of the date of
the purchase contract for the Bonds or within sufficient time to accompany any confirmation that requests
payment from any customer of the Purchaser, whichever is earlier, sufficient copies of the final Official
Statement to enable the Purchaser to comply with the requirements of Rule 15~2-12(3)and (4) of the
Securities and Exchange Commission and with the requirements of Rule G-32 of the Municipal Securities
Rulemaking Board.

Section 5. The Mayor, Clerk and the other officers and representatives of the Issuer, the
Purchaser and Bond Counsel are hereby authorized and directed to take such other action as may be
necessary to carry out the public sale of the Bonds. Such officials are also directed and authorized to
make provision for payment and/or redemption of the Refunded Bonds on September 1,2004 or as soon
thereafter as is practical.
Section 6. This Resolution shall be in full force and effect from and after its adoption.
[BALANCE OF THIS PAGE INTENTIONALLY LEFT BLANK]

ADOPTED by the governing body on July 13,2004.
Mayor
Clerk
NEW ISSUE - BOOK-ENTRY SECURITIES RATING: See "BOND 1ZATINGSu herein
In the opirlioti ofBorld Coirnsel. lrrrder existing Inw nnd nssrrr~ringconrin~redcontplinnce i~dtlrcerfnin reqrrirenrenls of /he hternnl Reve~rlrsCode
of 1986, as omended ([he "Code"), the blleres~on the Series Z O O M Bomis [(inclrrrlirrg nny originnl issue ciisco~rnlproperb nllocnble to 1711 owner-111ereofl
is aclurinble from gross inconre for federnl inconre tax purposes, is nol on ileril oJ r m preference for prtrposes of llre federnl nlternnlive ~rlini~nrrnr tnr
inlposed on individunls nnd corporntio~rs,and% erchrdedj?on~conrprrlnlion of Kansns n ~ ~ ~ s l e d g rinconre.
oss The Series 2004-A Bonds m e "qqrl~yed1 ~ -
erenlpt obligorions" itdl11Dr !Ire menmnng of Seclion 265(b)(3) of the Code. nre Series 2004-B Bonds will be mnwble ns ordbtnly inconre and fnke~rinlo
nccoltnt in nccordnnce ivirlr nrl Oireler's nretlrod ojoccoroltirrg. Tlre inleresl on 'tile Series 2004-8 Bonds is exenrptjr-om Ko~rsnsinconre tarorion. See
"LEGAL hfAiTERS - Opinion of Corrnsel" herein.

$5,323,000" $:515,000k
SERIES 2004-B
Dated: September 1,2004 Due: September 1, as shown herein
The General Obligation Bonds, Series 2004-A (the "Series 2004-A Bonds") and the Taxable General Obligation Refunding
Bonds, Series 200443 (the "Series 2004-B Bonds," collectively the "Bonds") will be issued by the City of Newton, Kansas (the "Issuer" or
the "City"), as fully registered book-entry bonds, without coupons and, when issued, will be registered in the name of Cede & Co., as
registered owner and nominee for The Depository Trust Company ("DTC"), New York, New York. DTC will act as securities depository
for the Bonds. Purchases of the Bonds will be made in book-entry form, in the denominations of $5,000 or any integral multiple thereof
except one Series 2004-A Bond in the denomination of $8,000 (or such amount added to $5,000, or any integral multiple thereof) (the
"Authorized Denomination"). Purchasers will not receive certificates representing their interests in Bond purchased. So long as Cede &
Co. is the registered owner of the Bonds, as nominee of DTC, references herein to the Bond owners or registered owners shall mean Cede
& Co., as aforesaid, and shall not mean the Beneficial Owners (as herein defined) of the Bonds. Principal will be payable upon
presentation and surrender of the Bonds by the registered owners thereof at the office of the Treasurer of the State of Kansas, Topeka,
Kansas, as bond registrar and paying agent (the "Paying Agent" and "Bond Registrar"). Interest payable on each Bond shall be paid to the
persons who are the registered owners of the Bonds as of the close of business on the fifteenth day (whether or not a business day) of the
calendar month preceding each interest payment date by check or draft of the Paying Agent mailed to such registered owner or, in the case
of an interest payment to a registered owner of $500,000 or more in aggregate principal amount of Bonds, by electronic transfei. So long
as DTC or its nominee, Cede & Co., is the Owner of the Bonds, such payments will be made directly to DTC. DTC i s expected, in turn, to
remit such principal and interest to the DTC Participants (herein defined) for subsequent disbursement to the Beneficial Owners. Principal
of the Bonds will be payable on each September 1, beganing in 2005, and semi-annual interest will be payable on March 1 and
September I , beginning on March 1,2005.
The Series 2004-A Bonds and the interest thereon will constitute general obligations of the Issuer, payable in part from special
assessments levied upon the property benefited by the construction of certain public improvements (as hereinafter described in the section
entitled: "The Projects") and, if not so paid, from ad valorem taxes which may be levied without limitation as to rate or amount upon all the
taxable tangible property, real and personal, within the territorial limits of the Issuer, with the balance payable from ad valorem taxes which
L. z
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.may be levied without limitation as to rate or amount upon all the taxable tangible property, real and personal, within the territorial limits of
.g 5 .s the Issuer.
-
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Series 2004-E3 Bonds and the interest thereon will constitute general obligations of the Issuer, payable from ad valorem taxes
without limitation as to rate or amount upon all the taxable tangible property, real and personal, within the territorial limits
'i?3 of the Issuer.
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2;s MATURITY SCHEDULE LISTED ON INSIDE C O W R PAGE
2 0 %
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k! G - The scheduled payment of the principal of and interest on the Bonds when due will be guaranteed by a financial guaranty
-2 3,. .P insurance policy to be issued concurrently with the issuance of the Bonds by MBlA Insurance Corporation (the "Bond Insurer").
Y
;: ." - MBIA
The Bonds will be subject to redemption prior to maturity, at the option of the Issuer, as described herein. The Series 2004-8 Term
.g 4 2
23 2 Bonds are also subject to Mandatory Redemption as described herein. See "THE BONDS-Redemption Provisions" herein.
8 .?2 6
:.
.E -5 The Bonds are ofjered when, as and if issued by the Issuer, subject to the approval of legality by Gilmore 81 Bell, P. C., Wichita,
22$ Kansas, Bond Counsel. It is expected that the Bonds will be available for delivery through the facilities of DTC on or about
2 a g September 1 , 2004.
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THE DATE OF THIS PRELIMINARY OFFICIAL STATEMENT IS JULY 23,2004
.z &
Z '5 THE COVER PAGE CONTAIN:: CERTAIN INFORMATION FOR QUICK REFERENCE ONLY. THE COVER PAGE IS NOT A SUhIMARY OF THIS ISSUE.
'3 a
$ 5 INVESTORS AlTUST READ THE ENTIRE OFFICIAL STATEA4EN7: KLUDJNG ALL APPENDICES ATTACHED HERETO TO OBTAIN INFORNATION ESSENTIAL
0 32 TO THE AfAKING OFANINFOKAfED INIfESTh4ENTDECISION. "APPENDIXC - SUA4hfARI'OFFINANCING DOCUMENTS" CONTAfifSDEFINITIONS USED fN
$ .%THIS 0FFJCIA.LSTATEMENT
George K. Baum & Company

$5,323,000* $515,000*
SERTES 2004-A REFUNDING BONDS
SEIXIES 2004-B
MATURITY SCHIZDULES
SERIES 2004-A
SERIAL BONDS
Stated Maturity Princi~al Interest CUSIP"' Stated Maturity Principal Interest CUSIP"'
September 1 Amount* Rate Yield Base: 652861 September 1 Amount* Rate -
Yield Base: 652861
2005 $168,000 % % 2015
2016
2017
2018
2019
2020
202 1
2022
2023
2024
SERIES 2004-B
TERM BONDS
Stated Maturity Principal Interest CUSIP"'

September 1 Amount* Rate -
Yield Base: 652861
2014 $180,000 % %
2024 335,000
'subject to change
(All plus accrued interest, if any)
CUSIP nrmlbers Imve been nssigned to this issrre by Siondnrd & Poor's CUSP Service B~rrenu,n division of the McGrnw-Hill Conlpmries. IIIC.,nnd nre incl~rded
solely for /he corrl~enierrceof //re Owners of i / ~Bonds.
e Neither tire Issuer nor the Untienvrirershnll be responsiblefor //re selection or correctness of //re CUSIP
nrtrnbers set forth nbow.
IN CONNECTION WITH THIS OFFERING, THE UNDERWRlTER MAY OVERALLOT OR EFFECT
TRANSACTIONS WHICH STABILIZE OR MAINTAIN THE MARKET PRICES OF THE BONDS AT LE VELS ABOVE'
THOSE WHICH MIGHT OTHERWISE PREVAIL IN THE OPEN MARKET. SUCH STABILIZING, IF COMMENCED,
MAY BE DISCONTINUED AT ANY TIME.
THE BONDS HAVE NOT BEEN REGISTERED VTTH THE SECURITIES AND EXCHANGE COMMISSION
UNDER THE SECURITIES ACT OF 1933, AS AMENDED. THE BONDS ARE OFFERED PURSUANT TO AN
EXEMPTION FROM REGISTRATION WITH THE SECURITIES AND EXCHANGE COMMISSION. THE
REGISTRATION, QUALIFICATION OR EXEMPTION OF THE BONDS IN ACCORDANCE F?TH THE APPLICABLE
SECURITIES LAW PROYASIONS OF THE JURISDICTIONS IN M I C H THESE SECURITIES HAVE BEEN
REGISTERED, QUALIFIED OR EXEMPTED SHOULD NOT BE REGARDED AS A RECOMMENDATION THEREOF.
NEITHER THESE JURISDICTIONS NOR ANY OF THEIR AGENCIES HAVE GUARANTEED OR PASSED UPON THE
SAFETY OF THE BONDS AS AN INVESTMENT, UPON THE PROBABILITY OF ANY EARNINGS THEREON OR
UPON THE ACCURACY OR ADEQUACY OF THIS OFFICIAL STATEMENT. ANY REPRESENTATION TO THE
CONTRARY MAY BE A CRIMINAL OFFENSE.
THIS OFFICIAL STATEMENT CONTAINS STATEMENTS THAT ARE "FORWARD-LOOKING

STATEMENTS" AS DEFINED IN THE PRNATE SECURITIES LITIGATION REFORM ACT OF 1995. WHEN USED
IN THIS OFFICIAL STATEMENT, THE WORDS "ESTIMATE," "INTEND," "EXPECT" AND SIMILAR
EXPRESSIONS ARE INTENDED TO IDENTIFY FOR WARD-LOOKING STATEMENTS. SUCH STATEMENTS ARE
SUBJECT TO RISKS AND UNCERTAINTIES THAT COULD CAUSE ACTUAL RESULTS TO DIFFER MATERIALLY
FROM THOSE CONTEMPLATED IN SUCH FOR WARD-LOOKING STATEMENTS. READERS ARE CAUTIONED
NOT TO PLACE UNDUE RELIANCE ON THESE FOR WARD-LOOKING STATEMENTS, WHICH SPEAK ONLY AS OF
THE DATE HEREOF.
THIS PRELIMINARY OFFICIAL STATEMENT IS DEEMED TO BE FINAL (EXCEPT FOR PERMITTED

OMISSIONS) BY THE ISSUER AND THE COUNTY FOR PURPOSES OF COMPLYING WITH RULE 15~2-I2OF THE
SECURITIES AND EXCHANGE COMMISSION.
IN MAKING AN INVESTMENT DECISION INVESTORS MUST RELY ON THEIR 0 WN EWMINATION OF

THE ISSUER AND THE TERMS OF THE OFFERING, INCLUDING THE MERITS AND RISKS INVOL VED.
City Hall - 201 E. 6th

P.O. Box 426
Newton, Kansas 67 114
(3 16) 284-6001
CITY COMMISSION
Willis G. Heck, Mayor
Grant Scott, Commissioner

Susan Jones, Commissioner
Todd Loescher, Commissioner
Matt Treaster, Commissioner
APPOINTED OFFICIALS
James M. Heinicke, City Manager

Ronald R. Ahsmuhs, City ClerkLFinance Director
ISSUER'S COUNSEL
Robert Myers, Esq.

Newton, Kansas
BOND COUNSEL

Wichita, Kansas
CERTIFIED PUBLIC ACCOUNTANTS
fiudson Monroe & Company, LLC

Newton, Kansas
UNDERWRITER

Wichita, Kansas
No dealer. broker. salesman or other person has been authorized by the Issuer or the Underwriter to give any
information or to make any representations with respect to the Bonds other than those contained in this Official Statement, and.
if given or made. such other information or representations must not be relied upon as having been authorized by any of the
foregoing. This Official Statement does not constitute an offer to sell or the solicitation of an offer to buy the Bonds by any
person in any jurisdiction in which it is unlawfid for such person to make such offer. solicitation or sale. The information set
forth herein concerning the Issuer has been furnished by the Issuer and other sources which are believed to be reliable. but such
information is not guaranteed as to accuracy or completeness. The Underwriter has reviewed the information in this Official
Statement in accordance with, and as a part of, its responsibilities to investors under the Federal Securities Laws as applied to the
facts and circumstances of this transaction, but the Underwriter does not guarantee the accuracy or completeness of such
information. The information and expressions of opinion herein are subject to change without notice and neither the delivery of
h s Official Statement nor any sale made hereunder shall. under any circumstances. create any implication that there has been no
change in the affairs of the Issuer since the date hereof. This Official Statement does not constitute a contract between the Issuer
or the Underwriter and any one or more of the purchasers. Owners or Beneficial Owners of the Bonds.
TABLE OF CONTENTS
INT.RODUCTION ...........................................................................................................................1
THE BONDS ...................................................................................................................................2
THE DEPOSITORY TRUST COMPANY......................................................................................7
THE PROJECTS .............................................................................................................................8
THE REFUNDING PLAN............................................................................................................1 0
SOURCES AND USES OF FUNDS............................................................................................10
RISK FACTORS AND WESTMENT CONSIDERATIONS .....................................................11
THE MBIA INSURANCE CORPORATION INSURANCE POLICY .........................................12
BOND RATINGS ........................................................................................................................... 14
ABSENCE OF LITIGATION ........................................................................................................ 14
LEGAL MATTERS......................................................................................................................1 4
UNDERWRITING........................................................................................................................1 5
AUTHORIZATION OF OFFICIAL STATEMENT.....................................................................16
APPENDIX A INFORMATION CONCERNING THE ISSUER...................................................... A-1

Getzeral ......................................................................................................................................... A- 1
Economic I~formation..................................................................................................................A-2
Finnncial Information ................................................................................................................... A-5
Debt Structure .......................................................................................................................... A-9
APPENDIX B FINANCIAL STATMENTS AND REPORT OF NDEPENDENT
CERTIFIED PUBLIC ACCOUNTANTS (FOR THE FISCAL YEAR ENDED
1213 1/02) ........................................................................................................................ B-1
APPENDIX C SUMMARY OF FINANCING DOCUMENTS .......................................................... C-1
APPENDIX D SPECIMEN BOND INSURANCE POLICY ............................................................. D-1
(9
OFFICIAL STATEMENT
CITY OF RTWTON, KANSAS
$5,323,000" $515,000"
SERIES 2004-B
INTRODUCTION
General Matters
The purpose of this Official Statement is to furnish information relating to the City of Newton, Kansas (the "Issuer" or
the "City"), the General Obligation Bonds, Series 2004-A (the "Series 2004-A Bonds") and the Taxable General Obligation
Refunding Bonds, Series 2004-B (the "Series 2004-B Bonds," collectively the "Bonds") of the Issuer, both dated September 1,
2004.
The Appendices to this Official Statement are integral parts of this document, to be read in their entirety.
The Issuer is a municipal corporation duly organized and existing under the laws of the State of Kansas. Additional
information regarding the Issuer is contained in APPENDLYA to this Official Statement.
The materials contained on the cover page, in the body and in the Appendices to this Official Statement are to be read
in their entirety. All financial and other information presented herein has been compiled by George K. Baum & Company,
Wichita, Kansas (the "Underwriter"). Except for the information expressly attributed to other sources, all information has been
provided by the Issuer. The presentation of information herein, including tables of receipts from various taxes, is intended to
show recent historic information, and is not intended to indicate future or continuing trends in the fmancial position or other
affairs of the Issuer. No representation is made that past experience, as might be shown by such fmancial or other information,
will necessarily continue or be repeated in the future. Bond Counsel has not assisted in the preparation nor reviewed this
Official Statement, except to the extent described under the section captioned "LEGAL MATTERS" and accordingly expresses
no opinion as to the accuracy or sufficiency of any other information contained herein.
Other than with respect to information concerning the Bond Insurer contained under the captions "THE MBIA
INSURANCE CORPORATION INSURANCE POLICY" and "APPENDIX D - Specimen Bond Insurance Policy" herein,
none of the information in this Official Statement has been supplied or verified by the Bond Insurer. Accordingly, the Bond
Insurer makes no representation or warranty, express or implied, as to: (a) the accuracy or completeness of such information; (b)
the validity of the Bonds; or (c) the exclusion of interest on the Bonds fiom Federal or State income taxation.
Definitions
Capitalized terms not otherwise defined herein shall have the meanings ascribed thereto in "APPENDIX C -
SUMMARY OF FINANCING DOCUMENTS - THE BOND RESOLUTION - DEFINITIONS."
Continuing Disclosure
The Securities and Exchange Commission (the "SEC") has promulgated amendments to Rule 15c2-12 (the "Rule"),
requiring continuous secondary market disclosure. In the Bond Resolution, hereinafter defined, the Issuer has covenanted to
provide annually certain financial information and operating data and other information necessary to comply with the Rule, and
to transmit the same to certain repositories and the Municipal Securities Rulemaking Board, as applicable. T h ~ scovenant is for
the benefit of and is enforceable by the Beneficial Owners of the Bonds. The Issuer has complied with all previous
undertakings under the Rule. For more information regarding the Issuer's continuing disclosure undertaking, see
"APPENDIX C- SUMMARY OF FINANCING DOCUMENTS - THECONTINUING DISCLOSURE INSTRUCTIONS".
' Preliminary, subject to change.

1
Additional Information
Additional information regarding the Issuer or the Bonds may be obtained fiom the Clerk of the Issuer at the address
set forth in the preface to this Official Statement, or from the Underwriter, George K. Baurn & Company, 100 N. Main,
Suite 810, Wichita, Kansas 67202, Attention: Charles M. Boully (316) 264-9351 or via e-mail at boully@gkbaum.com.
THE BONDS
Authority for the Bonds
The Series 2004-A Bonds are being issued pursuant to and in full compliance with the Constitution and statutes of the
State of Kansas (the "State"), including K.S.A. 10-101 to 10-125, inclusive, K.S.A. 10-620 et seq., K.S.A. 12-6a01 et seq.,
K.S.A. 12-685 et seq., K.S.A. 12-1736 et seq., K.S.A. 13-1024a, as amended by Charter Ordinance No. 35 of the City and
K.S.A. 65-163d through 65-16311, all as amended and supplemented from time to time (the "Act"), an ordinance passed by the
governing body of the Issuer and a resolution adopted by the governing body of the Issuer on August 10, 2004 (jointly, the
"Series 2004-A Bond Resolution").
The Series 2004-B Bonds are being issued pursuant to and in full compliance with the Constitution and statutes of the
State of Kansas (the "State"), including K.S.A. 10-101 to 10-125, inclusive, K.S.A. 10427 et seq. and K.S.A. 10-620 er seq.,
all as amended and supplemented from time to time (the "Act"), an ordinance passed by the governing body of the Issuer and a
resolution adopted by the governing body of the Issuer on August 10, 2004 (jointly, the "Series 2004-B Bond Resolution,"
together with the Series 2004-A Bond Resolution, the "Bond Resolution").
Security for the Bonds
The Series 2004-A Bonds shall be general obligations of the Issuei payable as to both principal and interest in part from
special assessments levied upon the property benefitted by the construction of certain public improvements (as hereinafter
described in the section entitled: "The Projects") and, if not so paid, from ad valorem taxes which may be levied without
limitation as to rate or amount upon all the taxable tangible property, real and personal, within the territorial limits of the Issuer.
The balance of the principal and interest on the Series 2004-A Bonds is payable from ad valorem taxes which may be levied
without limitation as to rate or amount upon all the taxable tangible property, real and personal, within the territorial limits of
the Issuer.
The Series 2004-B Bonds shall be general obligations of the Issuer payable as to both principal and interest from ad
valorem taxes which may be levied without limitation as to rate or amount upon all the taxable tangible property, real and
personal, within the territorial limits of the Issuer. The full faith, credit and resources of the Issuer are hereby irrevocably
pledged for the prompt payment of the principal of and interest on the Series 2004-B Bonds as the same become due.
The full faith, credit and resources of the Issuer are hereby irrevocably pledged for the prompt payment of the principal
of and interest on the Bonds as the same become due.
Description of the Bonds
The Bonds shall consist of fully registered book-entry-only bonds in the denomination of $5,000 or any integral
multiples thereof, except one Series 2004-A Bond in denomination of $8,000 (or such amount added to $5,000 or an integral
multiple thereof) (the "Authorized Denomination") and shall be numbered in such manner as the Bond Registrar shall determine.
All of the Bonds shall be dated September 1, 2004, shall become due in the amounts, on the Stated Maturities, and subject to
redemption and payment, prior to their Stated Maturities, and shall bear interest at the rates per annum set forth on the inside
cover page of this Official Statement. The Bonds shall bear interest (computed on the basis of twelve 30-day months) from the
later of the Dated Date or the most recent Interest Payment Date to whlch interest has been paid on the Interest Payment Dates in
the manner hereinafter set forth.
Designation of Paying Agent and Bond Registrar
The Issuer will at all times maintain a paying agent and bond registrar meeting the qualifications set forth in the Bond
Resolution. The Issuer reserves the right to appoint a successor paying agent or bond registrar. No resignation or removal of the
paying agent or bond registrar shall become effective until a successor has been appointed and has accepted the duties of paying
agent or bond registrar. Every paying agent or bond registrar appointed by the Issuer shall at all times meet the requirements of
Kansas law and shall be approved by the Bond Insurer.
The Treaswer of the State of Kansas, Topeka, Kansas (the "Bond Registrar" and "Paying Agent"), has been designated
by the Issuer as paying agent for the payment of principal of and interest on the Bonds and bond registrar with respect to the
registration, transfer and exchange of Bonds.
Method and Place of Payment of the Bonds
The principal of, or Redemption Price, and interest on the Bonds shall be payable in any coin or currency which, on the
respective dates of payment thereof, is legal tender for the payment of public and private debts. The principal or Redemption
Price of each Bond shall be paid at Maturity to the Person in whose name such Bond is registered on the Bond Register at the
Maturity thereof, upon presentation and surrender of such Bond at the principal office of the Paying Agent.
The interest payable on each Bond on any Interest Payment Date shall be paid to the Owner of such Bond as shown on
the Bond Register at the close of business on the Record Date for such interest (a) by check or draft mailed by the Paying Agent
to the address of such Owner shown on the Bond Register or at such other address as is furnished to the Paying Agent in writing
by such Owner; or (b) in the case of an interest payment to any Owner of $500,000 or more in' aggregate principal amount of
Bonds, by electronic transfer to such Owner upon written notice given to the Bond Registrar by such Owner, not less than 15
days prior to the Record Date for such interest, containing the electronic transfer instructions including the bank, ABA routing
number and account number to which such Owner wishes to have such transfer directed.
Notwithstanding the foregoing, any Defaulted Interest with respect to any Bond shall cease to be payable to the Owner
of such Bond on the relevant Record Date and shall be payable to the Owner in whose name such Bond is registered at the close
of business on the Special Record Date for the payment of such Defaulted Interest, which Special Record Date shall be fixed as
hereinafter specified. The Issuer shall notify the Paying Agent in writing of the amount of Defaulted Interest proposed to be paid
on each Bond and the date of the proposed payment (whlch date shall be at least 30 days after receipt of such notice by the
Paying Agent) and shall deposit with the Paying Agent an amount of money equal to the aggregate amount proposed to be paid
in respect of such Defaulted Interest. Following receipt of such funds the Paying Agent shall fix a Special Record Date for the
payment of such Defaulted Interest which shall be not more than 15 nor less than 10 days prior to the date of the proposed
payment. The Paying Agent shall notify the Issuer of such Special Record Date and shall cause notice of the proposed payment
of such Defaulted Interest and the Special Record Date therefor to be mailed, by first class mail, postage prepaid, to each Owner
of a Bond entitled to such notice not less than 10 days prior to such Special Record Date.
SO LONG; AS CEDE & CO., REMAINS THE REGISTERED OWNER OF THE BONDS, THE PAYING
AGENT SHALL TRANSMIT PAYMENTS TO THE SECURITIES DEPOSITORY, WHICH SHALL REMIT SUCH
PAYMENTS IN A,CCORDANCE WITH ITS NORMAL PROCEDURES. See "THE BONDS - Book-Entry Bonds;
, Securities Depository."
I
Payments Due on Saturdays, Sundays and Holidays
In any case where a Bond Payment Date is not a Business Day, then payment of principal, Redemption Price or interest
need not be made on such Bond Payment Date but may be made on the next succeeding Business Day with the same force and
effect as if made on such Bond Payment Date, and no interest shall accrue for the period after such Bond Payment Date.
Book-Entry Bonds: Securities Depository
The Bonds shall initially be registered to Cede & Co., the nominee for the Securities Depository, and no Beneficial
Owner will receive certificates representing their respective interests in the Bonds, except in the event the Bond Registrar
issues Replacement Bonds. It is anticipated that during the term of the Bonds, the Securities Depository will make book-
entry transfers among its Participants and receive and transmit payment of principal of, premium, if any, and interest on, the
Bonds to the Participants until and unless the Bond Registrar authenticates and delivers Replacement Bonds to the Beneficial
Owners as described in the following paragraphs.
The Issuer may decide, subject to the requirements of the Operational Arrangements of DTC (or a successor
Securities Depository), and the following provisions of this section to discontinue use of the system of book-entry transfers
through DTC (or a successor Securities Depository):
(a) If the Issuer determines (1) that the Securities Depository is unable to properly discharge its
responsibilities, or (2) that the Securities Depository is no longer qualified to act as a securities depository and
registered clearing agency under the Securities and Exchange Act of 1934, as amended, or (3) that the continuation
of a book-entry system to the exclusion of any Bonds being issued to any Owner other than Cede & Co. is no longer
in the best interests of the Beneficial Owners of the Bonds; or
(b) if the Bond Registrar receives written notice fiom Participants having interest in not less than 50%
of the Bonds Outstanding, as shown on the records of the Securities Depository (and certified to such effect by the
Securities Depository), that the continuation of a book-entry system to the exclusion of any Bonds being issued to
any Owner other than Cede & Co. is no longer in the best interests of the Beneficial Owners of the Bonds, then the
Bond Registrar shall notify the Owners of such determination or such notice and of the availability of certificates to
owners requesting the same, and the Bond Registrar shall register in the name of and authenticate and deliver
Replacement Bonds to the Beneficial Owners or their nominees in principal amounts representing the interest of
each, making such adjustments as it may find necessary or appropriate as to accrued interest and previous calls for
redemption; provided, that in the case of a determination under (a)(l) or (a)(2) of this paragraph, the Issuer, with the
consent of the Bond Registrar, may select a successor securities depository in accordance with the following
paragraph to effect book-entry transfers.
In such event, all references to the Securities Depository herein shall relate to the period of time when the Securities
Depository has possession of at least one Bond. Upon the issuance of Replacement Bonds, all references herein to
obligations imposed upon or to be performed by the Securities Depository shall be deemed to be imposed upon and
performed by the Bond Registrar, to the extent applicable with respect to such Replacement Bonds. If the Securities
Depository resigns and the Issuer, the Bond Registrar or Owners are unable to locate a qualified successor of the Securities
Depository, then the Bond Registrar shall authenticate and cause delivery of Replacement Bonds to Owners, as provided
herein. The Bond Registrar may rely on information fiom the Securities Depository and its Participants as to the names of
the Beneficial Owners of the Bonds. The cost of printing, registration, authentication, and delivery of Replacement Bonds
shall be paid for by the Issuer.
d
In the event the Securities Depository resigns, is unable to properly discharge its responsibilities, or is no longer
qualified to act as a securities depository and registered clearing agency under the Securities and Exchange Act of .1934, as
amended, the Issuer may appoint a successor Securities Depository provided the Bond Registrar receives written evidence
satisfactory to the Bond Registrar with respect to the ability of the successor Securities Depository to discharge its
responsibilities. Any such successor Securities Depository shall be a securities depository which is a registered clearing
agency under the Securities and Exchange Act of 1934, as amended, or other applicable statute or regulation that operates a
securities depository upon reasonable and customary terms. The Bond Registrar upon its receipt of a Bond or Bonds for
cancellation shall cause the delivery of the Bonds to the successor Securities Depository in appropriate denominations and
form as provided in the Bond Resolution.
Registration, Transfer and Exchange of Bonds
As long as any of the Bonds remain Outstanding, each Bond when issued shall be registered in the name of the Owner
thereof on the Bond Register. Bonds may be transferred and exchanged only on the Bond Register as hereinafter provided.
Upon surrender of any Bond at the principal office of the Bond Registrar, the Bond Registrar shall transfer or exchange such
Bond for a new Bond or Bonds in any authorized denomination of the same Stated Maturity and in the same aggregate principal
amount as the Bond that was presented for transfer or exchange. Bonds presented for transfer or exchange shall be accompanied
by a written instrument or instruments of transfer or authorization for exchange, in a form and with guarantee of signature
satisfactory to the Bond Registrar, duly executed by the Owner thereof or by the Owner's duly authorized agent.
In all cases in whch the privilege of transferring or exchanging Bonds is exercised, the Bond Registrar shall
authenticate and deliver Bonds in accordance with the provisions of the Bond Resolution. The Issuer shall pay the fees and
expenses of the Bond Registrar for the registration, transfer and exchange of Bonds. Any additional costs or fees that might be
incurred in the secondary market, other than fees of the Bond Registrar, are the responsibility of the Owners of the Bonds. In the
event any Owner fails to provide a correct taxpayer identification number to the Paying Agent, the Paying Agent may make a
charge against such Owner sufficient to pay any governmental charge required to be paid as a result of such failure.
The Issuer and the Bond Registrar shall not be required (a) to register the transfer or exchange of any Bond that has
been called for redemption after notice of such redemption has been mailed by the Paying Agent and during the period of 15
days next preceding the date of mailing of such notice of redemption; or (b) to register the transfer or exchange of any Bond
during a period beginning at the opening of business on the day after receiving written notice fiom the Issuer of its intent to pay
Defaulted Interest and ending at the close of business on the date fixed for the payment of Defaulted Interest.
Mutilated, Lost, Stolen or Destroyed Bonds
If (a) any mutilated Bond is surrendered to the Bond Registrar or the Bond Registrar receives evidence to its
satisfaction of the destruction, loss or theft of any Bond, and (b) there is delivered to the Issuer and the Bond Registrar such
security or indemnity as may be required by each of them, then, in the absence of notice to the Issuer or the Bond Registrar that
such Bond has been acquired by a bona fide purchaser, the Issuer shall execute and, upon the Issuer's request, the Bond Registrar
shall authenticate and deliver, in exchange for or in lieu of any such rputilated, destroyed, lost or stolen Bond, a new Bond of the
same Stated Maturity and of like tenor and principal amount. If any such mutilated, destroyed, lost or stolen Bond has become
or is about to become due and payable, the Issuer, in its discretion, may pay such Bond instead of issuing a new Bond. Upon the
issuance of any new Bond, the Issuer may require the payment by the Owner of a sum sufficient to cover any tax or other
governmental charge that may be imposed in relation thereto and any other expenses (includmg the fees and expenses of the
Paying Agent) connected therewith.
Nonpresentment of Bonds
If any Bond is not presented for payment when the principal thereof becomes due at Maturity, if funds sufficient to
pay such Bond have been made available to the Paying Agent all liability of the Issuer to the Owner thereof for the payment
of such Bond shall forthwith cease, determine and be completely discharged, and thereupon it shall be the duty of the Paying
Agent to hold such funds, without liability for interest thereon, for the benefit of the Owner of such Bond, who shall
thereafter be restricted exclusively to such funds for any claim of whatever nature on his part under this Bond Resolution or
on, or with respect to, said Bond. If any Bond is not presented for payment within four (4) years following the date when
such Bond becomes due at Maturity, the Paying Agent shall repay to the Issuer the funds theretofore held by it for payment of
such Bond, and such Bond shall, subject to the defense of any applicable statute of limitation, thereafter be an unsecured
obligation of the Issuer, and the Owner thereof shall be entitled to look only to the Issuer for payment, and then only to the
extent of the amount so repaid to it by the Paying Agent, and the Issuer shall not be liable for any interest thereon and shall
not be regarded as a trustee of such money.
Redemption Provisions
'r
-
Optional 1Zedemption Series 2004-A Bonds. At the option of the Issuer, Series 2004-A Bonds or portions thereof
maturing in the years 2015 and thereafter may be called for redemption and payment prior to their Stated Maturity on
September 1,2014, and thereafter as a whole or in part (selection of maturities and the amount of Bonds of each maturity to be
redeemed to be determined by the Issuer in such equitable manner as it may determine) at any time, at the Redemption Price of
100% (expressed as a percentage of the principal amount), plus accrued interest thereon to the Redemption Date.
-
Optional ltedemption Series 2004-B Bonds. At the option of the Issuer, Series 2004-B Bonds or portions thereof
Mandatoy Redemption -Series 2004-B Bonds. (a) Series 2004-B 2014 Tenn Bonds. The Series 2004-B 2014
Term Bonds shall be subject to mandatory redemption and payment prior to Stated Maturity pursuant to the mandatory
redemption requirements hereinafter set forth at a Redemption Price equal to 100% of the principal amount thereof plus accrued
interest to the Redemption Date. The payments which are to be deposited into the Debt Service Account shall be sufficient to
redeem, and the Issuer shall redeem on September 1 in each year, the following principal amounts of such Series 2004-B 2014
Term Bonds:
Principal
Amount -
Year
$15,000 2005
15,000 2006
15,000 2007
15,000 2008
15,000 2009
20,000 2010
20,000 201 1
20,000 2012
20,000 2013
25,000 2014*
*Final Maturity
(b) Series 2004-B 2024 Term Bonds. The Series 2004-B 2024 Term Bonds shall be subject to mandatory
redemption and payment prior to Stated Maturity pursuant to the mandatory redemption requirements hereinafter set forth at a
Redemption Price equal to 100% of the principal amount thereof plus accrued interest to the Redemption Date. The payments
which are to be deposited into the Debt Service Account shall be sufficient to redeem, and the Issuer shall redeem on
September 1 in each year, the following principal amounts of such Series 2004-B 2024 Term Bonds:
Principal
Amount -
Year
$25,000 2015
25,000 2016
30,000 2017
30,000 2018
30,000 2019
35,000 2020
35,000 202 1
40,000 2022
40,000 2023
45,000 2024*
*Final Maturity
Selection of Bonds to be Redeemed. Bonds shall be redeemed only in an Authorized Denomination. When less than
all of the Bonds are to be redeemed and paid prior to their Stated Maturity, such Bonds shall be redeemed in such manner as the
Issuer shall determine, Bonds of less than a full Stated Maturity shall be selected by the Bond Registrar in minimum Authorized
Denomination in such equitable manner as the Bond Registrar may determine. In the case of a partial redemption of Bonds by
lot when Bonds of denominations greater than a minimum Authorized Denomination are then Outstandmg, then for all purposes
in connection with such redemption each minimum Authorized Denomination of face value shall be treated as though it were a
separate Bond of a minirnum Authorized Denomination. If it is determined that one or more, but not all, of the minimum
Authorized Denomination value represented by any Bond is selected for redemption, then upon notice of intention to redeem
such minimum Authorized Denomination, the Owner or the Owner's duly authorized agent shall forthwith present and surrender
such Bond to the Bond Registrar: (1) for payment of the Redemption Price and interest to the Redemption Date of such
minimum Authorized Denomination value called for redemption, and (2) for exchange, without charge to the Owner thereof, for
a new Bond or Bonds of the aggregate principal amount of the unredeemed portion of the principal amount of such Bond. If the
Owner of any such Bond fails to present such Bond to the Paying Agent for payment and exchange as aforesaid, such Bond
shall, nevertheless, become due and payable on the redemption date to the extent of the minimum Authorized Denomination
value called for redemption (and to that extent only).
Notice and Effect of Callfor Redemption. Unless waived by any Owner of Bonds to be redeemed, if the Issuer shall
call any Bonds for redemption and payment prior to the Stated Maturity thereof, the Issuer shall give written notice of its
intention to call and pay said Bonds to the Bond Registrar, the Bond Insurer and the Underwriter. In addition, the Issuer shall
cause the Bond Registrar to give written notice of redemption to the Owners of said Bonds. Each of said written notices shall
be deposited in the United States first class mail not less than 30 days prior to the Redemption Date.
All official notices of redemption shall be dated and shall contain the following information: (a) the Redemption Date:
(b) the Redemption Price; (c) if less than all Outstandmg Bonds are to be redeemed, the identification (and, in the case of partial
redemption of any Bonds, the respective principal amounts) of the Bonds to be redeemed; (d) a statement that on the
Redemption Date the Redemption Price will become due and payable upon each such Bond or portion thereof called for
redemption and that interest thereon shall cease to accrue fiom and after the Redemption Date; and (e) the place where such
Bonds are to be surrendered for payment of the Redemption Price, which shall be the principal office of the Paying Agent. The
failure of any Owner to receive notice given as heretofore provided or an immaterial defect therein shall not invalidate any
redemption.
Prior to any Redemption Date, the Issuer shall deposit with the Paying Agent an amount of money sufficient to pay the
Redemption Price of all the Bonds or portions of Bonds that are to be redeemed on such Redemption Date. Official notice of
redemption having been given as aforesaid, the Bonds or portions of Bonds to be redeemed shall become due and payable on the
Redemption Date, at the Redemption Price therein specified, and fiom and after the Redemption Date (unless the Issuer defaults
in the payment of the Redemption Price) such Bonds or portion of Bonds shall cease to bear interest.
For so long as the Securities Depository is effecting book-entry transfers of the Bonds, the Bond Registrar shall provide
the notices specified to the Securities Depository. It is expected that the Securities Depository shall, in turn, notify its
Participants and that the Participants, in turn, will notify or cause to be notified the Beneficial Owners. Any failure on the part of
the Securities Depository or a Participant, or failure on the part of a nominee of a Beneficial Owner of a Bond (having been
mailed notice fiom the Bond Registrar, the Securities Depository, a Participant or otherwise) to notify the Beneficial Owner of
the Bond so affected, shall not affect the validity of the redemption of such Bond.
In addition to the foregoing notice, the Issuer shall provide such notices of redemption as are required by the Disclosure
Instructions. The Paying Agent is also directed to comply with any mandatory or voluntary standards then in effect for
processing redemptions of municipal securities established by the State or.the Securities and Exchange Commission. Failure to
comply with such standards shall not affect or invalidate the redemption of any Bond.
THE DEPOSITORY TRUST COMPANY
The Depository Trust Company ("DTC"), New York, NY, will act as securities depository for the Bonds. The
Bonds will be issued as fully-registered bonds registered in the name of Cede & Co. (DTC's partnership nominee) or such
other name as may be requested by an authorized representative of DTC. One fully-registered Bond certificate will be issued
for each scheduled maturity of the Bonds, and will be deposited with DTC.
DTC, the world's largest depository, is a limited-purpose trust company organized under the New York Banking
Law, a "banking organization" within the meaning of the New York Banking Law, a member of the Federal Reserve System,
a "clearing corporation" within the meaning of the New York Uniform Commercial Code, and a "clearing agency" registered
pursuant to the provisions of Section 17A of the Securities Exchange Act of 1934. DTC holds and provides asset servicing
for over 2 million issues of U S . and non-U.S. equity issues, corporate and municipal debt issues, and money market
instruments from over 85 countries that DTC's participants ("Direct Participants") deposit with DTC. DTC also facilitates
the post-trade settlement among Direct Participants of sales and other securities transactions in deposited securities, through
electronic computerized book-entry transfers and pledges between Direct Participants' accounts. This eliminates the need for
physical movement of securities certificates. Direct Participants include both U.S. and non-U.S. securities brokers and
dealers, banks, trust companies, clearing corporations, and certain other organizations. DTC is a wholly-owned subsidiary of
The Depository Trust & Clearing Corporation ("DTCC"). DTCC, in turn, is owned by a number of Direct Participants of
DTC and Members of the National Securities Clearing Corporation, Government Securities Clearing Corporation, MBS
Clearing Corporation, and Emerging Markets Clearing Corporation, (NSCC, GSCC, MBSCC, and EMCC, also subsidiaries
of DTCC), as well as by the New York Stock Exchange, Inc., the American Stock Exchange LLC, and the National
Association of Secilrities Dealers, Inc. Access to the DTC system is also available to others such as both US. and non-U.%
securities brokers and dealers, banks, trust companies, and clearing corporations that clear through or maintain a custodial
relationship with a Direct Participant, either directly or indirectly ("Indirect Participants"). DTC has Standard & Poor's
highest rating: " A M . " The DTC Rules applicable to its Direct Participants and Indirect Participants (collectively, the
"Participants") are on file with the Securities and Exchange Commission. More information about DTC can be found at
www.dtcc.com.
Purchases of Bonds under the DTC system must be made by or through Direct Participants, which will receive a
credit for the Bonds on DTC's records. The ownership interest of each actual purchaser of each Bond ("Beneficial Owner")
is in turn to be recorded on the Direct and Indirect Participants' records. Beneficial Owners will not receive written
c o n f i t i o n from DTC of their purchase. Beneficial Owners are, however, expected to receive written confirmations
providing details of the transaction, as well as periodic statements of their holdings, from the Direct or Indirect Participant
through which the Beneficial Owner entered into the transaction. Transfers of ownership interests in the Bonds are to be
accomplished by entries made on the books of Participants acting on behalf of Beneficial Owners. Beneficial Owners will
not receive certificates representing their ownership interests in Bonds, except in the event that use of the book-entry system
for the Bonds is discontinued.
To facilitate subsequent transfers, all Bonds deposited by Direct Participants with DTC are registered in the name of
DTC's partnership nominee, Cede & Co., or such other name as may be requested by an authorized representative of DTC.
The deposit of Bonds with DTC and their registration in the name of Cede & Co. or such other DTC nominee do not effect
any change in beneficial ownership. DTC has no knowledge of the actual Beneficial Owners of the Bonds; DTC's records
reflect only the identity of the Direct Participants to whose accounts such Bonds are credited, which may or may not be the
Beneficial Owners. The Participants will remain responsible for keeping account of their holdings on behalf of their
customers.
Conveyance of notices and other communications by DTC to Direct Participants, by Direct Participants to Indirect
Participants, and by Participants to Beneficial Owners will be governed by arrangements among them, subject to any
statutory or regulatory requirements as may be in effect from time to time. Beneficial Owners of Bonds may wish to take
certain steps to augment the transmission to them of notices of significant events with respect to the Bonds, such as
redemptions, tenders, defaults, and proposed amendments to the Bond documents. For example, Beneficial Owners of Bonds
may wish to ascertain that the nominee holding the Bonds for their benefit has agreed to obtain and transmit notices to
Beneficial Owners. In the alternative, Beneficial Owners may wish to provide their names and addresses to the registrar and
request that copies of notices be provided directly to them.
Redemption notices shall be sent to DTC. If less than all of the Bonds within an issue are being redeemed, DTC's
practice is to determine by lot the amount of the interest of each Direct Participant in such issue to be redeemed.
Neither DTC nor Cede & Co. (nor any other DTC nominee) will consent or vote with respect to Bonds unless
authorized by a Direct Participant in accordance with DTC's Procedures. Under its usual procedures, DTC mails an
Omnibus Proxy to Issuer as soon as possible after the record date. The Omnibus Proxy assigns Cede & Co.'s consenting or
voting rights to those Direct Participants to whose accounts Bonds are credited on the record date (identified in a listing
attached to the Omnibus Proxy).
Redemption proceeds, distributions, and dividend payments on the Bonds will be made to Cede 13Co., or such other
nominee as may be requested by an authorized representative of DTC. DTC's practice is to credit Direct Participants'
accounts upon DTC's receipt of funds and corresponding detail information fiom the Issuer or Paying Agent, on payable date
in accordance with their respective holdings shown on DTC's records. Payments by Participants to Beneficial Owners will
be governed by standing instructions and customary practices, as is the case with securities held for the accounts of customers
in bearer form or registered in "street name," and will be the responsibility of such Participant and not of DTC nor its
nominee, the Paying Agent, or the Issuer, subject to any statutory or regulatory requirements as may be in effect fiom time to
time. Payment of redemption proceeds, distributions, and dividend payments to Cede & Co. (or such other nominee as may
be requested by an authorized representative of DTC) is the responsibility of the Issuer or Paying Agent, disbursement of
such payments to Direct Participants will be the responsibility of DTC, and disbursement of such payments to the Beneficial
Owners will be the responsibility of Direct and Indirect Participants.
DTC may discontinue providing its services as depository with respect to the Bonds at any time by giving
reasonable notice to Issuer or Paying Agent. Under such circumstances, in the event that a successor depository is not
obtained, Bond certificates are required to be printed and delivered.
The Issuer may decide, subject to the requirements of the Operational Arrangements of DTC, to discontinue use of
the system of book-entry transfers through DTC (or a successor securities depository). In that event, Bond certificates will be
printed and delivered.
The information in this section concerning DTC and DTC's book-entry system has been obtained from sources that
the Issuer believes to be reliable, but Issuer takes no responsibility for the accuracy thereof.
THE PROJECTS
The Series 2004-A Bonds are being issued for the purpose of providing permanent financing for the construction of
certain internal improvements (the "Improvements"), more specifically described as follows:
Project Description 1 OrdlRes No. I Authority I Amount

Stratford Place Addition - Sanitary Sewer Line I 1-969 12-6a01 et seq. I $ 54,843.74
Extension Improvements (Sewer District No.
31-E)
1-968 12-6a01 et seq. 37,373.08
Stratford Place Addition - Water Line Extension
Improvements (Sewer District No. 19-E)
1-970 12-6a01 et seq. 165,410.88
Stratford Place Addition - Street Improvements I
1 1-963 and 12-6a01 et seq. 77,076.03
Autumn Glen Addition - Water Line Extension 1-1005
Improvements (Water District No. 23-A)
Autumn Glen Addition - Sanitary Sewer Line 1-962 12-6a01 et seq. 147,167.54
34-A)
1-964 12-6a01 et seq. 323,553.64
Autumn Glen Addition - Street Improvements
Improvements
Weber Addition - Sanitary Sewer Line 1-967 12-6a01 et seq. 13,015.17
33-B)
Westhaven Third Addition - Water Line 1-972 12-6a01 et seq. 25,459.24
Extension Improvements (Water District No.
Westhaven Third Addition - Sanitary Sewer 1-971 12-6a01 et seq. 24,286.78
Line Extension Improvements (Sewer District
No. 10-R)
Ragsdale's Addition - Sanitary Sewer Line 1-974 12-6a01 et seq. 258,046.78
Extension Improvements (Sewer District No. 1-
A)
Improvements
Autumn Glen 1st and 2nd Additions - Water 1-978 12-6a01 et seq. 89,850.57
Line Extension Improvements (Water District
NO.23-B)
Autumn Glen 1st and 2nd Additions - Sanitary 1-977 12-6a01 et seq. 113,505.54
Sewer Line Extension Improvements (Sewer
District No. 34-B)
Improvements
(Phase 111)
35-A)
TFDM Addition - Street Improvements 1-981 12-6a01 et seq. 310,256.31
Stone Creek Estates - Sanitary Sewer Line 1-983 12-6a01 et seq. 27,s 16.18
29-H)
Stratford Place Addition - Sanitary Sewer Line I 1-987 1 12-6a01 et seq. 54,023.00
Extension Improvements (Sewer District No. I I I
3 1-F)

Im~rovements(Water District No. 19-F)
1-991 12-6a01 et seq. 322,013.82
30-A4)
Turkey Red Village Addition and Wheatridge 1-994 12-6a01 et seq. 71,358.49
Addition- Street Im~rovements
Total Special Assessment Improvements 1 $3,402,968.18
-- ~
Project Description OrdlRes No. Authority Amount

Hangar E Improvements G-79 1 13-1024a, as amended $ 18,862.00
No. 35 of the City
65-163d through 65- 1 43,465.82
13-1024a, as amended 27,049.00

NO.35 ofthe City
Airport Impro~vementsFAA '14" G-8 18 13-1024a, as amended 94,044.05
West T Hangar Extension G-833

~ r u J. J UL r u b b i r j
Library Public Building Improvements 1-975 12-1736 et seq. 11,767.00

Recreation Center Public Building 12-1736 etseq.
Service Center Public Building Improvements 1-992 12-1736 et seq. 915,775.00
Main Trafficway Improvements - West 1st Ord. Nos. 3953 12-685 et seq. 256,277.05
Street from Meridian Road to Elm Street; and and 4289-99;
West Broadway from Meridian Road to Elm Res. Nos. 1-996
Street and 997
I I I
Miscellaneous Administrative Expenses 149.33
1
I I I
Total Canital Tmnrovements 1 $2.023.199.31
TRE REFUNDING PLAN
The Issuer has heretofore issued and has Outstanding its Taxable General Obligation Bonds, Series 2001-B, dated
August 15, 2001, all of which will be refunded with the proceeds of the Series 2004-B Bonds (the "Refunded Bonds") in
accordance with the following schedule:
Maturity Maturity Interest Redemption Redemption

Amount -
Date -
Rate -
Date -
Price
$325,000 09/01/2005 7.00% September 1,2004 100%
20,000 09/01/2006 7.00 September 1,2004 100
20,000 09/01/2007 7.00 September 1,2004 100
20,000 09/01/2008 7.00 September 1,2004 100
20,000 09/01/2009 7.00 September 1,2004 100
25,000 09/01/2010 7.00 September 1,2004 100
85,000 09/01/2011 7.00 September 1,2004 100
SOURCES AN?) USES OF FUNDS*

The following table itemizes the sources and uses of funds available for the Refunded Bonds and such Improvements,
including the proceeds from the sale of the Bonds, exclusive of accrued interest.
Sources of Funds: Series 2004-A Bonds Series 2004-B Bonds

Principal Amount of the Bonds $5,323,000.00 $515,000.00
Prepaid special assessments
Original Issue Premium (Discount)
Total
Uses of Funds:
Special Assessment Project Costs
Capital Improvements
Redemption Fund Deposit
Underwriter's Discount
Legal, financial, printing, registration, bond
insurance premium and miscellaneous
costs of issuance
Total
* Subject to change.
RISK FACTORS AND INVESTMENT CONSIDERATIONS
A PROSPECTIVE PURCHASER OF THE BONDS DESCRIBED HEREIN SHOULD BE AFVARE THAT TIIERE ARE
CERTAIN RISKS ASSOCUTED W T H THE BONDS WZICH MUST BE RECOGNIZED. THE FOLLOWNG
STATEMENTS REGARDING CERTAIN RISKS ASSOCIATED WITH THE OFFERING SHOULD NOT BE
CONSIDERED AS A COMPLETE DESCRIPTION OF ALL RISKS TO BE CONSIDERED IN THE DECISION TO
PURCHASE THE BONDS. PROSPECTIVE PURCHASERS OF THE BONDS SHOULD ANALYZE CAREFULLY THE
RVFORiKATION CONTAINED IN THIS OFFICIAL STATEMENT AND ADDITIONAL INFORMATION IN THE
FORM OF THE COMPLETE DOCUMENTS SUMMARIZED HEREIN, COPIES OF FVHICH ARE A V ' A B L E AND
MAY BE OBTAINED FROM THE ISSUER OR THE UNDERWRTTER
Taxation of Interest on the Bonds
An opinion of Bond Counsel will be obtained to the effect that interest earned on the Series 2004-A Bonds is
excludable fiom gross income for federal income tax purposes under current provisions of the Internal Revenue Code of 1986,
as amended (the "Code"), and applicable rulings and regulations under the Code; however, an application for a ruling has not
been made and an opinion of counsel is not binding upon the Internal Revenue Service. There can be no assurance that the
present provisions of the Code, or the rules and regulations thereunder, will not be adversely amended or modified, thereby
rendering the interest earned on the Series 2004-A Bonds includable in gross income for federal income tax purposes.
The Issuer has covenanted in the Series 2004-A Bond Resolution and in other documents and certificates to be
delivered in connection with the issuance of the Series 2004-A Bonds to comply with the provisions of the Code, including those
which require the Issuer to take or omit to take certain actions after the issuance of the Series 2004-A Bonds. Because the
existence and continuation of the excludability of the interest on the Series 2004-A Bonds depends upon events occurring after
the date of issuance of the Series 2004-A Bonds, the opinion of Bond Counsel described under "LEGAL MATTERS" assumes
the compliance by the Issuer with the provisions of the Code described above and the regulations relating thereto. No opinion is
expressed by Bond Counsel with respect to the excludability of the interest on the Series 2004-A Bonds in the event of
noncompliance with such provisions. The failure of the Issuer to comply with the provisions described above may cause the
interest on the Series 2004-A Bonds to become includable in gross income as of the date of issuance.
Market for the Bonds
Secondary Market. There is no assurance that a secondary market will develop for the purchase and sale of the Bonds.
It is the present practice of the Underwriter, however, to make a secondary market as dealers in issues of municipal bonds which
the Underwriter distributes. The Underwriter intends to continue this practice with respect to the Bonds, but is not obligated to
do so. Prices of bonds traded in the secondary market, though, are subject to adjustment upward and downward in response to
changes in the credit markets. From time to time it may be necessary for the Underwriter to suspend indefinitely secondary
market trading in the Bonds as a result of the fmncial condition or market position of the Underwriter, prevailing market
conditions, lack of adequate current financial information about the Issuer, or a material adverse change in the financial
condition of the Iss~~er, whether or not the Bonds are in default as to principal and interest payments, and other factors which in
the opinion of the Underwriter may give rise to uncertainty concerning prudent secondary market practices.
Premium on Bonds
[The initial offering prices of certain maturities of the Bonds that are subject to optional redemption are in excess of the
respective principal amounts thereof.] Any person who purchases a Bond in excess of its principal amount, whether during the
initial offering or in a secondary market transaction, should consider that the Bonds are subject to redemption at par under the
various circumstances described under "THE BONDS - Redemption of Bonds".
Legal Matters
Various state and federal laws, regulations and constitutional provisions apply to the obligations created by the Bonds.
There is no assurance that there will not be any change in, interpretation of, or addition to such applicable laws, provisions and
regulations which would have a material effect, either directly or indirectly, on the Issuer or the taxing authority of the Issuer.
Limitations on Remedies Available to Owners of Bonds
The enforceability of the rights and remedies of the owners of Bonds, and the obligations incurred by the Issuer in
issuing the Bonds, are subject to the following: the federal Bankruptcy Code and applicable bankruptcy, insolvency,
reorganization, moratorium, or similar laws relating to or affecting the enforcement of creditors' rights generally, now or
hereafter in effect; usual equity principles which may limit the specific enforcement under state law of certain remedies; the
exercise by the United States of America of the powers delegated to it by the United States Constitution; and the reasonable and
11
necessary exercise, in certain unusual situations, of the police power inherent in the State of Kansas and its governmental
subdivisions in the interest of serving a legitimate and significant public purpose. Banhptcy proceedings, or the exercise of
powers by the federal or state government, if initiated, could subject the owners of the Bonds to judicial discretion and
interpretation of their rights in bankmptcy and otherwise, and consequently may involve risks of delay, limitation or
modification of their rights.
Suitability of Investment
The tax exempt feature of the Series 2004-A Bonds is more valuable to high tax bracket investors than to investors who
are in low tax brackets, and so the value of the interest compensation to any particular investor will vary with individual tax
rates. Each prospective investor should carefully examine this Official Statement, including the Appendices hereto, and its own
financial condition to make a judgment as to its ability to bear the economic risk of such an investment, and whether or not the
Bonds are an appropriate investment.
THE MBIA INSURANCE CORPORATION INSURANCE POLICY

The following information has been furnished by MBIA Insurance Corporation ("MBIA") for use in this Official
Statement. Reference is made to Appendk D for a specimen of MBIA's policy.
MBIA's policy unconditionally and irrevocably guarantees the full and complete payment required to be made by or
on behalf of the Issuer to the Paying Agent or its successor of an amount equal to (i) the principal of (either at the stated
maturity or by an advancement of maturity pursuant to a mandatory sinking fund payment) and interest on, the Bonds as such
payments shall become due but shall not be so paid (except that in the event of any acceleration of the due date of such
principal by reason of mandatory or optional redemption or acceleration resulting fiom default or othenvise, other than any
advancement of maturity pursuant to a mandatory sinking fund payment, the payments guaranteed by MBIA's policy shall be
made in such amounts and at such times as such payments of principal would have been due had there not been any such
acceleration); and (ii) the reimbursement of any such payment which is subsequently recovered from any owner of the Bonds
pursuant to a final judgment by a court of competent jurisdiction that such payment constitutes an avoidable preference to
such owner within the meaning of any applicable bankruptcy law (a "Preference").
MBIA's policy does not insure against loss of any prepayment premium which may at any time be payable with
respect to any Bonds. MBIA's policy does not, under any circumstance, insure against loss relating to: (i) optional or
mandatory redemptions (other than mandatory sinking fund redemptions); (ii) any payments to be made on an accelerated
basis; (iii) payments of the purchase price of Bonds upon tender by an owner thereof; or (iv) any Preference relating to (i)
through (iii) above. MBIA's policy also does not insure against nonpayment of principal of or interest on the Bonds resulting
fiom the insolvency, negligence or any other act or omission of the Paying Agent or any other paying agent for the Bonds.
Upon receipt of telephonic or telegraphic notice, such notice subsequently confirmed in writing by registered or
certified mail, or upon receipt of written notice by registered or certified mail, by MBIA from the Paying Agent or any owner
of a Bond the payment of an insured amount for which is then due, that such required payment has not been made, MBIA on
the due date of such payment or within one business day after receipt of notice of such nonpayment, whichever is later, will
make a deposit of funds, in an account with US. Bank Trust National Association, in New York, New York, or its successor,
sufficient for the payment of any such insured amounts which are then due. Upon presentment and surrender of such Bonds
or presentment of such other proof of ownership of the Bonds, together with any appropriate instruments of assignment to
evidence the assignment of the insured amounts due on the Bonds as are paid by MBIA, and appropriate instruments to effect
the appointment of MBIA as agent for such owners of the Bonds in any legal proceeding related to payment of insured
amounts on the Bonds, such instruments being in a form satisfactory to U.S. Bank Trust National Association, U.S. Bank
Trust National Association shall disburse to such owners or the Paying Agent payment of the insured amounts due on such
Bonds, less any amount held by the Paying Agent for the payment of such insured amounts and legally available therefor.
MBIA
MBIA Insurance Corporation ("MBIA") is the principal operating subsidiary of MBIA Inc., a New York Stock
Exchange listed company (the "Company"). The Company is not obligated to pay the debts of or claims against MBLA.
MBIA is domiciled in the State of New York and licensed to do business in and subject to regulation under the laws of all 50
states, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, the
Virgin Islands of the United States and the Territory of Guam. MBIA has three branches, one in the Republic of France, one
in the Republic of Singapore and one in the Kingdom of Spain. New York has laws prescribing minimum capital
requirements, limiting classes and concentrations of investments and requiring the approval of policy rates and forms. State
laws also regulate the amount of both the aggregate and individual risks that may be insured, the payment of dividends by
MBIA, changes in control and transactions among affiliates. Additionally, MBIA is required to maintain contingency
reserves on its liabilities in certain amounts and for certain periods of time.
MBIA does not accept any responsibility for the accuracy or completeness of this Official Statement or any
information or disclosure contained herein, or omitted herefiom, other than with respect to the accuracy of the information
regarding the policy and MBIA set forth under the heading "THE MBIA INSURANCE CORPORATION INSURANCE
POLICY." Additionally, MBIA makes no representation regarding the Bonds or the advisability of investing in the Bonds.
The Financial Guarantee Insurance Policies are not covered by the PropertyICasualty Insurance Security Fund
specified in Article 76 of the New York Insurance Law.
MBIA Information
The following documents filed by the Company with the Securities and Exchange Commission (the "SEC") are
incorporated herein by reference:
(1) The Company's Annual Report on Form 10-K for the year ended December 3 1,2003; and
(2) The Company's Quarterly Report on Form 10-Q for the quarter ended March 3 1,2004.
Any documents filed by the Company pwsuant to Sections 13(a), 13(c), 14 or 15(d) of the Exchange Act of 1934, as.
amended, after the date of this Official Statement and prior to the termination of the offering of the Bonds offered hereby
shall be deemed to be incorporated by reference in this Official Statement and to be a part hereof. Any statement contained
in a document inco~poratedor deemed to be incorporated by reference herein, or contained in this Official Statement, shall be
deemed to be modified or superseded for purposes of this Official Statement to the extent that a statement contained herein or
in any other subsequently filed document which also is or is deemed to be incorporated by reference herein modifies or
supersedes such statement. Any such statement so modified or superseded shall not be deemed, except as so modified or
superseded, to constitute a part of this Official Statement.
The Company files annual, quarterly and special reports, information statements and other information with the SEC
under File No. 1-9583. Copies of the SEC filings (including (1) the Company's Annual Report on Form 10-K for the year
ended December 3 1,2003, and (2) the Company's Quarterly Report on Form 10-Q for the quarter ended March 3 1,2004) are
available (i) over the Internet at the SEC's web site at http:!!:'\t.w:'\t..sec.rrov; (ii) at the SEC's public reference room in
Washmgton D.C.; (iii) over the Internet at the Company's web site at http://www.mbia.com; and (iv) at no cost, upon request
to MBIA Insurance Corporation, 113 King Street, h o n k , New York 10504. The telephone number of MBIA is (914)
273-4545.
As of December 31, 2003, MBIA had admitted assets of $9.9 billion (audited), total liabilities of $6.2 billion
(audited), and total capital and surplus of $3.7 billion (audited) determined in accordance with statutory accounting practices
prescribed or permitted by insurance regulatory authorities. As of March 3 1, 2004 MBIA had admitted assets of $10.3 billion
(unaudited), total liabilities of $6.5 billion (unaudited), and total capital and surplus of $3.8 billion (unaudited) determined in
accordance with statutory accounting practices prescribed or permitted by insurance regulatory authorities.
Financial Strength Ratings of MBIA
Moody's Investors Service, Inc. rates the financial strength of MBIA "Aaa."
Standard & Poor's, a division of The McGraw-Hill Companies, Inc. rates the financial strength of MBIA "AAA."
Fitch Ratings rates the financial strength of MBIA "AAA."
Each rating of MBIA should be evaluated independently. The ratings reflect the respective rating agency's current
assessment of the creditworthiness of MBIA and its ability to pay claims on its policies of insurance. Any further
explanation as to the significance of the above ratings may be obtained only from the applicable rating agency.
The above ratings are not recommendations to buy, sell or hold the Bonds, and such ratings may be subject to
revision or withdrawal at any time by the rating agencies. Any downward revision or withdrawal of any of the above ratings
may have an adverse effect on the market price of the Bonds. MBIA does not guaranty the market price of the Bonds nor
does it guaranty that the ratings on the Bonds will not be revised or withdrawn.
BOND RATINGS
Standard 8L Poor's Ratings Services, a division of the McGraw-Hill Companies, Inc., has assigned the rating of "AAA"
to the Bonds with the understanding that upon delivery of the Bonds, a policy insuring the payment when due of the principal of
and interests on the Bonds will be issued by the Bond Insurer. Such rating reflects only the view of such rating agency, and an
explanation of the significance of such rating may be obtained therefrom. No such rating constitutes a recommendation to buy,
sell, or hold any bonds, including the Bonds, or as to the market price or suitability thereof for a particular investor. The Issuer
furnished such rating agency with certain information and materials relating to the Bonds that have not been included in this
Official Statement. Generally, rating .agencies base their ratings on the information and materials so f h i s h e d and on
investigations, studies and assumptions by the rating agencies. There is no assurance that a particular rating will remain in effect
for any given period of time or that it will not be revised, either downward or upward, or withdrawn entirely, if in the judgment
of the agency originally establishmg such rating, circumstances so warrant. Any downward revision or withdrawal of any rating
may have an adverse affect on the market price of the Bonds.
ABSENCE OF LITIGATION
The Issuer, in the ordinary course of business, is a party to various legal proceedings. In the opinion of management of
the Issuer, any judgment rendered against the Issuer in such proceedings would not materially adversely effect the financial
position of the Issuer.
The Issuer certifies that there is no controversy, suit or other proceeding of any kind pending or threatened wherein or
whereby any question is raised or may be raised, questioning, disputing or affecting in any way the legal organization of the
Issuer or its boundaries, or the right or title of any of its officers to their respective offices, or the legality of any official act or the
constitutionality or validity of the indebtedness represented by the Bonds or the validity of said Bonds, or any of the proceedings
had in relation to the authorization, issuance or sale thereof, or the levy and collection of a tax to pay the principal and
interest thereof.
LEGAL MATTERS
Approval of Bonds. All matters incident to the authorization and issuance of the Bonds are subject to the approval of
Gilmore & Bell, P.C., Wichita, Bond Counsel. The factual and financial information appearing herein has been supplied or
reviewed by certain officials of the Issuer and its certified public accountants, as referred to herein. Bond Counsel has
participated in the preparation of the Official Statement but expresses no opinion as to the accuracy or sufficiency thereof, except
for the matters appearing in the sections of this Official Statement captioned "THE BONDS," "LEGAL MATTERS,"
"APPENDH C - SUMMARY OF FINANCING DOCUMENTS." Payment of the legal fee of Bond Counsel is contingent
upon the delivery of the Bonds. Certain legal matters have been passed on for the Issuer by Robert Myers, Esq.
Opinion of Bond Counsel
Federal Tau Exemption - Series 2004-A Bonds. In the opinion of Bond Counsel, under existing law, the interest on
the Series 2004-A Bonds [(including any original issue discount properly allocable to an owner thereof)] is excluded from gross
income for federal income tax purposes and is not an item of tax preference for purposes of the federal alternative minimum tax
imposed on individuals and corporations. It should be noted, however, that for the purpose of computing the alternative
minimum tax imposed on corporations (as defined for federal income tax purposes), such interest is taken into account in
determining adjusted current earnings. The opinions set forth in this paragraph are subject to the condition that the Issuer
comply with all requirements of the Internal Revenue Code of 1986, as amended (the "Code") that must be satisfied subsequent
to the issuance of the Series 2004-A Bonds in order that interest thereon be, or continue to be, excluded from gross income for
federal income tax purposes. The Issuer has covenanted to comply with all such requirements. Failure to comply with certain of
such requirements may cause interest on the Series 2004-A Bonds to be included in gross income for federal income tax
purposes retroactive to the date of issuance of the Series 2004-A Bonds. The Series 2004-A Bonds are "qualified tax-exempt
obligations" for purposes of Code §265(b)(3), and, in the case of certain financial institutions (within the meaning of Code
§265(b)(5)), a deduction is allowed for 80% of that portion of such financial institutions' interest expense allocable to interest on
the Bonds.
No Federal Tax Exemption - Series 2004-B Bonds. Bond Counsel will express the opinion that the interest on the
Series 2004-B Bonds is not excluded from gross income for federal income tax purposes.
[ Origirtal Issue Discount. In the opinion of ~ o h Counsel,

d subject to the conditions set forth above, the original issue
discount in the selling price of each Bond originally sold at a price of less than 100% as set forth on the inside cover hereof
(hereinafter referred to as the "OID Bonds"), to the extent properly allocable to each owner of such Bond, is excluded from gross
14
income for federal income tax purposes with respect to such owner. Original issue discount is the excess of the stated
redemption price at maturity of an O D Bond over the initial offering price to the public (excluding underwriters and
intermediaries) at which price a substantial amount of the O D Bonds were sold. Under Code 4 1272 and 1288, original issue
discount on tax-exempt bonds accrues on a compound basis. The amount of original issue discount that accrues during any
accrual period generally equals (a) the issue price of such O D Bond plus the amount of original issue discount accrued in all
prior accrual periods, multiplied by (b) the yield to maturity of such O D Bond (determined on the basis of compounding at the
close of each accrual period and properly adjusted for the length of the accrual period), less (c) any interest payable on such O D
Bond during such accrual period. The amount of original issue discount so accrued in a particular accrual period will be
considered to be received ratably on each day of the accrual period, will be excluded from gross income for federal income tax
purposes, and will increase the owner's tax basis in such O D Bond. Owners of O D Bonds should consult with their individual
tax advisors to determine whether they are required to include, for State and local income tax purposes, an amount of interest on
the OID Bonds as income even though no corresponding cash interest payment is actually received during the tax year.]
[ Tax Treatment of Premium on the Bonds. Certain maturities of the Bonds will be initially reoffered at a price in
excess of the principal amount thereof as set forth on the inside cover hereof (the "Premium Bonds"). Under the Code, the
difference between the purchase price (excluding accrued interest) and the principal amount of Premium Bonds to an Owner
(other than an Owner who holds a Premium Bond as inventory, stock in trade or for sale to customers in the ordinary course of
business) is "bond premium". Bond premium is amortized over the term of a Premium Bond for federal.income tax purposes,
and an Owner is required to decrease his cash basis in a Premium Bond by the amount of amortizable bond premium
attributable to each taxable year he holds the Premium Bond. The amount of the amortizable bond premium attributable to each
tax year is determined on an actuarial basis at a constant interest rate compounded on each interest payment date. The
amortizable bond premium attributable to a taxable year is not deductible for federal income tax purposes. Premium
Bondowners should consult their own tax advisors with respect to the precise determination for federal income tax purposes of
the treatment of bond premium upon sale, redemption or other disposition of Premium Bonds and with respect to the state and
local consequences of owning and disposing of Premium Bonds.]
I Kansas Tux Exemption. The interest on the Bonds is excluded from computation of Kansas adjusted gross income.
Other Tax Consequences. Bond Counsel expresses no opinion regarding other federal or state tax consequences
arising with respect to the Bonds. However, prospective purchasers of the Bonds should be aware that there may be tax
consequences of purchasing the Bonds other than those discussed under the caption "Opinion of Bond Counsel," including
the following:
(a) Code $265 denies a deduction for interest on indebtedness incurred or continued to purchase or carry the Series
2004-A Bonds, except with respect to certain financial institutions (within the meaning of Code $265(b)(5)); (b) with respect to
insurance companies subject to the tax imposed by Code $831, Code $832@)(5)(B)(i)reduces the deduction for loss reserves by
15 percent of the sum of certain items, including interest on the Series 2004-A Bonds; (c) interest on the Series 2004-A Bonds
earned by certain foreign corporations doing business in the United States could be subject to a branch profits tax imposed by
Code $884; (d) passive investment income, including interest on the Series 2004-A Bonds, may be subject to federal income
taxation under Code $1375 for Subchapter S corporations that have Subchapter C earnings and profits at the close of the taxable
year, if greater than 25% of the gross receipts of such Subchapter S corporation is passive investment income; and (e) Code $86
of the Code requires recipients of certain Social Security and certain Railroad Retirement benefits to take into account, in
determining gross income, receipts or accruals of interest on the Series 2004-A Bonds. Bond Counsel expresses no opinion
regarding these tax consequences. Purchasers of the Bonds should consult their own tax advisors as to the applicability of these
tax consequences.
UNDERWRITING
The Series 2004-A Bonds are being purchased for reoffering by the Underwriter at a price equal to % of the
principal amount of the Series 2004-A Bonds, plus accrued interest from the Dated Date to the Issue Date[, less an underwriting
discount of $ I[, plus an original issue premium of $ 11, less an original issue discount of $ -1
The Series 2004-B Bonds are being purchased for reoffering by the Underwriter at a price equal to % of the
principal amount of the Bonds, plus accrued interest from the Dated Date to the Issue Date[, less an underwriting discount of
$ I[, plus an original issue premium of $ 11, less an original issue discount of $ .I
The Bond Purchase Agreement provides that the Underwriter will purchase all of the Bonds if any are purchased. The
obligation of the Underwriter to accept delivery of the Bonds is subject to various conditions contained in the Bond
Purchase Agreement.
The Bonds will be offered to the public initially at the prices determined to produce the yield [to maturity][to call] as
set forth on the inside cover page of this Official Statement. The Underwriter may offer and sell the Bonds to certain dealers
(including dealers depositing the Bonds into investment trusts) at prices other than the price stated on the inside cover page
hereof and may change the initial offering price fiom time to time subsequent to the date hereof. In connection with the offering,
the Underwriter may overallot or effect transactions which stabilize or maintain the market price of the Bonds at a level above
that which might otherwise prevail in the open market. Such stabilizing, if commenced, may be discontinued at any time.
AUTHORIZATION OF OFFICIAL STATEMENT

The preparation of this Official Statement and its distribution has been authorized by the governing body of the Issuer
as of the date on the cover page hereof This Official Statement is submitted in connection with the issuance of the Bonds and
may not be reproduced or used as a whole or in part for any other purpose. This Official Statement does not constitute a contract
between the Issuer or the Underwriter and any one or more of the purchasers, Owners or Beneficial Owners of the Bonds
BY
16
- (THISPAGE INTENTIONALLY LEIT BLANK)
APPENDLX A
INFORMATION CONCERNING THE ISSUER
Size and Location
The City of Newton, Kansas (the "City" or the "Issuer") is the county seat of Harvey County, Kansas, and is located
approximately 20 miles north of Wichita, Kansas. The City encompasses approximately 10.625 square miles and is the largest
city in Harvey County with a current estimated population of 17,977 persons.
Government and Organization of the Issuer
The City was incorporated in 1872 and became a city of the fust class in 1969. The City operates under a
Commission-Manager form of govemment. The five members of the City Commission are elected to four-year terms, with no
more than three elected in each odd-numbered year. The City Manager is appointed by the Commission and is charged with the
efficient and effective administration of the City.
Name Title Term Expires

Willis G. Heck Mayor April 2005
Grant Scott Commissioner April 2007
Susan Jones Commissioner April 2005
Todd Loescher Commissioner April 2007
Matt Treaster Commissioner April 2007
Name Title
James M. Heinicke City Manager
Ronald R. Ahsmuhs ~ i ~lerkkinance
& Director
Robert D. Myers City Attorney
Municipal Services and Utilities
The City owns and operates its own water and sewer utility systems. Westar Energy supplies both electricity and
natural gas to the area. Telephone service is provided by SBC. Cox Communications operates a cable television system.
The City has 29 sworn police officers and 40 firefighters which provide continuous full-time protection to the City.
The City also operates an emergency ambulance service for the area.
i Transportation and Communication Facilities

i
The Newton area is served by the Burlington NorthernISanta Fe Railroad which also serves a portion of Harvey
County. The City is located at the junction of the four-lane, divided, north-south Interstate 135 and the two-lane, east-west
~ U.S. Hiway 50. Interstate 70, a east-west divided, four-lane highway runs 60 miles north of the City. The CityICounty
airport is located within three miles of the intersection of U.S. Highway 50 and 1-135 in Newton. The airport, managed by
the City, has a 7,000 foot runway that will accommodate commercial jets and a 3,500 foot crosswind runway that is capable
of handling private and corporate aircraft. Regularly scheduled air service is available at Mid-Continent Airport, located in
Wichita.
I Educational Institutions and Facilities
Unified School District No. 373 provides education for students from kindergarten through high school for students
of the City and surrounding area. As of the 200412005 fall semester, the district had an estimated enrollment of
approximately 3,490 students. In addition, there are two parochial schools located in the City and Bethel College, a private
four-year college, is located just north of the City.
Medical and Health Facilities
Newton Medical Center, with more than 100 beds and approximately 400 personnel, is located in the City. In
addition, the highly recognized and specialized Hertzler Clinic is located within seven miles of the City. Of the 105 Kansas
I counties, only one has more doctors per capital than Harvey County. Prairie View, Inc., an in-patientlout-patient mental
1 health hospital serves the City and a wide area of the State with mental health services.
I Recreational, Cultural and Religious Facilities
There is a wide variety of recreation available in the City including sporting events, movie theaters, parks,
swimming pools, golf courses and tennis courts. Cultural opportunities such as community theater, symphony and museums
are also located in or near the City. 52 churches serve the community. Annual community activities include the Chisholm
Trail Festival, the Bethel Fall Fest, the Harvey County Fair and the Sand Creek Folk Art Festival.
ECONOMIC INFORMATION
The area's economy includes a very diverse industrial base including railroads, agricultural business and
manufacturing concerns. Additionally, the area is a trading center for agricultural products including grain and livestock.
I Major Employers
I Listed below are the major employers located in the City and surrounding area and the number employed by each:
Number of Full-
& Part-time
Major Em~lovers Product/Service Emplovees
AGCO Corporation Farm Implements 1,318
Unified School District No. 373 Public School 700
Norcraft Companies Wood Cabinets 603
Newton Medical Center Medical Services 420
Wal-Mart Corporation Retail 400
Excel Industries Turf Equipment 250
Prairie View Hospital Mental Health 360
Dillons Stores Grocery 213
Northview Development Handicapped Development 205
Showalter Villa Retirement Home 200
City of Newton City Government 175
Bethel College Higher Education 161
Harvey County County Government 160
Bunting Magnetics Magnetics Industry Equipment 150
United Methodist Youthville Youth Residence 142
Friendly Acres Retirement Home 130
Kansas Christian Home Retirement Home 115
Newton Presbyterian Manor Retirement Home 115
Prestressed Concrete Concrete Manufacturing lo6
I Source: City Clerk
I Labor Force
I The following table sets forth labor force figures for Harvey County and the State of Kansas:
Average Total Unemployed

- -
For year Labor Force Emploved Unernploved -
Rate
1998 17,885 17,397 488 2.7%
Average Total -
Unernploved
For Year Labor Force Ernploved Unemploved -
Rate
1998 1,418,000 1,364,000 54,000 3.8%
Source: Kansas Statistical Abstract
Agriculture
The following table lists the total value of field crops and 1ivestocWpoultry produced in Harvey County for the years
listed.
Total Value Total Value Of

-
Year of Field Crow LivestocklPoultry -
Total
1997 $43,870,000 $19,861,650 $63,731,650
1998 36,414,600 16,751,000 53,165,600
1999 35,186,000 15,743,740 50,929,740
2000 35,504,500 16,165,613 51,670,113
2001 33,523,900 12,822,700 46,346,600
Retail Sales Tax Collections
The following table lists State of Kansas sales tax collections for the years indicated for sales occurring in
Harvey County:
-
Year Sales Tax Collections Per Capita Sales Tax
1998 $14,580,926 $351.99
1999 14,617,646 428.82
2000 14,267,134 426.34
2001 14,843,104 438.52
2002 14,761,593 438.67
Oil Production
The oil production (in number of barrels) for Harvey County for the years listed is indicated in the following table:
-
Year Oil Production
1998 141,064
1999 136,517
2000 133,121
2001 138,524
2002 142,793
Source: Kansas Geological Survey
A-3
Financial and Banking Institutions
There are currently 10 banks and 20 branch banking offices located in Harvey County. For the years listed, bank
deposits of the County's banks are as follows (in thousands of dollars):
Total Bank
-
Year Deposits
1998 $409,937
Building Permits
The following table indicates the number of building permits and total valuation of these permits issued within the
City for the years indicated. These numbers reflect permits issued either for new construction or for major renovation.
Number of Total
-
Year Permits Issued Valuation
2000 42 1 $12,728,439
Source: City Clerk

*Year not complete
Population Trends
The following table shows the approximate population of the City and Harvey County in the years indicated:
City of Newton Harvey County

-
Year
1999
Source: City and County Clerk
Personal Income Trends
Harvey County personal and per capita income and the State of Kansas per capita income are listed for the years
indicated, in the following table.
Harvey County Harvey County State of Kansas

Personal Per Capita Per Capita
-
Year Income Income
1997 $24,465 $24,182
*Thousandsof dollars
FINANCIAL INFORiiATION
Accounting, Budgeting and Auditing Procedures
The City follows a modified accrual basis of accounting for all tax supported funds of the City, including the
General Fund.
An annual budget of estimated receipts and disbursements for the coming calendar year is required by statute to be
prepared for all funds (unless specifically exempted). The budget is prepared utilizing the modified accrual basis which is
further modified by the encumbrance method of accounting. For example, commitments such as purchase orders and
contracts, in addition to disbursements and accounts payable, are recorded as expenditures. The budget lists estimated
receipts by funds and sources and estimated disbursements by funds and purposes. The proposed budget is presented to the
governing body of the City prior to August 1, with a public hearing required to be held prior to August 15, with the final
budget to be adopted prior to August 25 of each year. Budgets may be amended upon action of the governing body after
notice and public hearing, provided that no additional tax revenues may be raised after the original budget is adopted.
Kansas law prohibits governmental units from creating indebtedness unless there are funds on hand in the proper
accounts and unencumbered by previous action with which to pay such indebtedness. An exception to this cash-basis
operation is made where provision has been made for payment of obligations by bonds or other specific debt obligations
authorized by law.
The financial records of the City are audited annually by a fm of independent certified public accountants in
accordance with generally accepted auditing standards. In recent years, the annual audit has been performed by Knudsen
Monroe & Company, LLC, Newton, Kansas. Copies of the audit reports for the past five (5) years are on file in the Clerk's
office and are available for review. The audit for the Fiscal Year ended December 31, 2002 is attached hereto as
Appendix B.
The financial information contained in the Appendices to t h ~ sOfficial Statement are an integral part of this
document and are intended to be read in conjunction herewith.
Sources of Revenue
The City finances its general operations through the local property tax levy, various other taxes, a variety of license
and pennit fees, and other miscellaneous sources as indicated below for the current Fiscal Year:
Source Percent
Taxes 67.56%
Intergovernmental Revenue
Licenses and Permits
Charges for Services
Fines and Forfeitures
Use of Money and Property
Other
Total
Source: Clerk
Property Valuations
The determination of assessed valuation and the collection of property taxes for all political subdivisions in the state
of Kansas is the responsibility of the various counties under the direction of state statutes. The Harvey County Appraiser's
office determines the assessed valuation that is to be used as a basis for the mill levy on property located in the City.
All property in the state of Kansas has been reevaluated as a result of a bill passed by the 1985 session of the Kansas
Legislature requiring county appraisers to reassess property for tax purposes, with an effective date of January 1, 1989. In
conjunction with the November 1986 general election, Kansas voters approved a proposition to modify the state constitution
with respect to classification of property for ad valorem taxation. For taxable years 1989 through 1992, real and personal
property was divided into classes and assessed at different percentages of fair market value. Land devoted to agricultural use
was valued on the basis of its agricultural income or productivity and assessed at 30% of the value so obtained; commercial
and industrial machinery and equipment was assessed at 20% of its fair market value; residential property and vacant lots
were assessed at 12% of fair market value; and all other property was assessed at 30% of fair market value. Farm machinery
and equipment, merchants' and manufacturers' inventories, and livestock were exempt from property taxation.
A-5
In conjunction with the November, 1992 general election, Kansas voters approved a proposition to further modify
the state constitution with respect to classification of property for ad valorem taxation. The modified classification provisions
shall be effective for assessment and taxation of property on and after January 1, 1993 and each year thereafter. Property is
divided into two classes, real property and personal property. Real property is divided into seven subclasses; there are six
subclasses of personal property. The real property (Class 1) subclasses are: (i) real property used for residential purposes
including multi-family mobile or manufactured homes and the real property on which such homes are located, assessed
at 11.5%, (ii) agricultural land, valued on the basis of agricultural income or productivity, assessed at 30%, (iii) vacant lots,
assessed at 12%, (iv) real property, owned and operated by a not-for-profit organization not subject to federal income
taxation, pursuant to Section 501 of the Internal Revenue Code, assessed at 12%, (v) public utility real property, except
railroad real property, assessed at the average rate that all other commercial and industrial property is assessed, assessed at
33%, (vi) real property used for commercial and industrial purposes and buildings and other improvements located on land
devoted to agricultural use, assessed at 25%, and (vii) all other urban and real property not otherwise specifically classified,
assessed at 30%. Tangible personal property (Class 2) subclasses are: (i) mobile homes used for residential purposes,
assessed at 11.5%, (ii) mineral leasehold interests, except oil leasehold interests, the average daily production from which is 5
barrels or less, and natural gas leasehold interests, the average daily production from which is 100 mcf or less, which shall be
assessed at 25%, assessed at 30%, (iii) public utility tangible personal property, including inventories thereof, except railroad
personal property, including inventories thereof, which shall be assessed at the average rate all other commercial and
industrial property is assessed, assessed at 33%, (iv) all categories of motor vehicles not defined and specifically valued and
taxed pursuant to law enacted prior to January 1, 1985, assessed at 20%, (v) commercial and industrial machinery and
equipment which if its economic life is 7 years or more, shall be valued at its retail cost, when new, less seven-year
straight-line depreciation, or which, if its economic life is less than 7 years, shall be valued at its retail cost when new, less
straight-line depreciation over its economic life, except that, the value so obtained for such property, notwithstanding its
economic life and as long as such property is being used, shall not be less than 20% of the retail cost when new of such
property, assessed at 25%, and (vi) all other tangible personal property not otherwise specifically classified, assessed at 30%.
All property used exclusively for state, county, municipal, literary, educational, scientific, religious, benevolent and
charitable purposes, farm machinery and equipment, merchants' and manufacturers' inventories, other than public utility
inventories included in subclass (3) of class 2, livestock, and all household goods and personal effects not used for the
production of incorne, shall be exempted fiom property taxation.
Assessed Valuation
The following table shows the assessed valuation of the taxable tangible property within the City for the
following years:
Equalized Assessed Equalized Assessed Tangible

Valuation of Taxable Tangible Valuation of Valuation for Computation
--
Year Tangible Propertv Motor Vehicles of Bonded Debt imitations
1999 $72,859,648 $13,723,939 $ 86,583,587
Sorrrce: County Clerk
following years:
Real Personal Motor Total

--
Year Proper* Propertv Utilities Vehicles Valuation
1999 $61,097,638 $6,742,864 $5,019,146 $13,723,939 $ 86,583,587
Source: County Clerk

Property Tax Levies and Collections
Tax Collections:
Tax statements are mailed November 1 each year and may be paid in full or one-half on or before December 20 with
the remaining one-half due on or before June 20 of the following year. The 2003 Legislature authorized the Governor to
advance the required June 20 payment to be made on or before May 10. The Governor has now exercised such authority and
published notice of such advancement. Taxes that are unpaid on the due dates are considered delinquent and accrue interest at
the rate of 12% per annum until paid or until the property is sold for taxes. Real estate bearing unpaid taxes is advertised for sale
on or before August 1 of each year and is sold by the County for taxes and all legal charges on the first Tuesday in September.
Properties that are sold and not redeemed within two years after the tax sale are subject to foreclosure sale, except homestead
properties which are subject to foreclosure sale after three years.
Personal taxes are due and may be paid in the same manner as real estate taxes, with the same interest applying to
delinquencies. If personal taxes are not paid when due, and after written notice, warrants are issued and placed in the hands of
the Sheriff for collection. If not paid on or before October 1, legal judgment is entered and the delinquent tax becomes a lien on
the property. Unless renewed, a non-enforced lien expires five years after it is entered.
Motor vehicle taxes are collected periodically throughout the year concurrently with the renewal of motor vehicle tags
based upon the value of such vehicles. Such tax receipts are distributed to all taxing subdivisions, including the State of Kansas,
in proportion to the number of mills levied within each taxpayer's tax levy unit.
Taw Rates:
The City may levy taxes in accordance with the requirements of its adopted budget. Property tax levies are based on
the adopted budget of the City and the assessed valuations provided by the County appraiser. Prior to July 1, 1999, tax levies
were further restricted by a state aggregate tax lid. The funds of the City restricted by such tax lid included the general fund,
capital improvement funds and special improvement funds. Levies not effected by such tax lid included debt service payments
on bonds, notes and no fund warrants; payments made to a public building commission; expenses related to tort claim liability,
employer contributions for employee retirement, health care and benefit programs, expenses incurred for rebates to owners of
property in connection with neighborhood revitalization programs and certain expenses incurred for the by cities in
administeringjuvenile delinquency and crime programs. Effective July 1, 1999, the aggregate tax lid is no longer in effect.
The following table shows the City's mill levies by fund (per $1000 of assessed valuation) for each of the years
indicated and the current year:
General Airport Library Bond and Special Total

-
Year Fund &
d -
~und- Interest Fund ~iabiiitvFund Lew
1999100 38.875 .686 5.729 6.707 .25 1 49.248
Source: Clerk
Aggregate Tax Levies:
The aggregate tax levies (per $1000 assessed valuation) of the City and overlapping jurisdictions for the years indicated
are included in the following table:
Harvey School Watershed Total

-
Year -
Citv ~ounti District -
State District -
Lew
1999100 49.248 29.204 56.404 1.5 .I93 136.549

Tax Collection Record:
The following table sets forth tax collection information for the City for the years indicated:
Current Taxes Total Current & Delinquent

Collected Taxes Collected
Total Taxes
--
Year Levied Amount Percentage Amount Percentage
1999/00 $3,830,799 $3,722,593 97.18% $3,822,230 99.78%
Major Tcucpayers:
The following table sets forth the ten largest taxpayers in the City for taxes levied in 2003 to be paid in 2004:
Assessed Taxes
Taxpaver Valuation -
Paid
1. Kansas Gas & Electric (Westar Energy) $1,882,804 $267,253.16
2. Wal-Mart Real Estates 1,797,843 245,644.69
3. Southwestern Bell (SBC) 1,727,042 235,970.94
4. Newton Factory Outlet 1,391,895 190,178.80
5. Newton Investors 774,040 105,759.42
6. Dillon Real Estate 670,008 91,545.22
7. Norcraft Company 618,948 84,568.72
8. Kansas Gas Service 582,062 79,528.88
9. Cargill, Inc. 542,25 1 74,089.40
10. Bunting Magnetics 5 16,527 70,574.64
Employee Relations
The City has no record of employer/employee problems. Currently, the City has 171 full-time, 3 part-time and 24
seasonal employees.
Pension and Employee Retirement Plans
The City participates in the Kansas Public Employees Retirement System (KPERS) established in 1962, ,as an
instrumentality of the State, pursuant to K.S.A. 5 74-4901 etseq., to provide retirement and related benefits to public
employees in Kansas. KPERS is governed by a board of trustees consisting of nine members, including four members
appointed by the Governor subject to c o n f m t i o n by the State Senate, one appointed by the President of the Senate, one
appointed by the Speaker of the House of Representatives, two elected by members and retirants of the retirement system,
which must be members of such system, and the State Treasurer. Members of the board of trustees serve four-year terms and
elect a chairperson annually. The board of trustees appoints an Executive Director to serve as the managing officer of
KPERS and employs a staff of approximately 85 people.
KPERS serves more than 240,000 members and more than 1,400 participating employers, including the State, school
districts, counties, cities, public libraries, hospitals and other governmental units. KPERS administers the following
three statewide, defined benefit retirement plans for public employees:
(a) Kansas Public Employees Retirement System;
(b) Kansas Police and Firemen's Retirement System; and
(c) Kansas Retirement System for Judges.

These three plans are separate and distinct with different membership groups, actuarial assumptions, experience, contribution
rates and benefit options. The Kansas Public Employees Retirement System is the largest of the three plans, accounting for
more than 95% of the members. The Kansas Public Employees Retirement System is further divided into two separate
groups, as follows:
(a) State/School Group - includes members employed by the State, school districts, community colleges,
vocational-techcal schools and educational cooperatives. The State of Kansas makes all employer
contributions for this group, 85% of which comes from the State General Fund. State legislation enacted in
2003 made certain pre-1962 Board employees (which are part of a small group of pre-1962 Board and
Univerkity of Kansas Hospital Authority employees known as the "TIAA Group"), special members of the
StateISchool Group.
(b) -
Local Group all participating cities, counties, library boards, water districts and political subdivisions are
included in this group. Local employers contribute at a different rate than the StateISchool Group rate.
State legislation enacted in 2003 made certain pre-1962 employees of the University of Kansas Hospital
Authority (which are a part of a small group of pre-1962 Board and University of Kansas Hospital
Authority employees known as the "TIAA Group"), special members of the Local Group.
KPERS is a qualified, governmental, Section40l(a) defined benefit pension plan, and has received IRS
determination letters attesting to the plan's qualified status dated October 14, 1999 and March 5, 2001. KPERS is also a
"contributory" defined benefit plan, meaning that employees make contributions to the plan. n s contrasts it from
noncontributory pension plans (more common in the private sector), whch are funded solely the by employer contributions.
The City's employees annually contribute 4% of their gross salary to the plan. The City's contribution varies from year to year
based upon the annual actuarial valuation and appraisal made by KPERS, subject to legislative caps on percentage increases.
Currently, the City's contribution is 3.82% of the employee's gross salary.
DEBT STRUCTURE
Debt Summary
The following table summarizes certain key statistics with respect to the Issuer's general obligation debt, including
the Bonds:
~stimated~ c t u avaluation'
l ....................................................................................... $8 11,425,310
Equalized Assessed Valuation of Tangible Valuation
for Computation of Bonded Debt Limitations............................................................
Outstanding general obligation debt as of September 1, 2004 ....................................
Legal limitation of Bonded ~ e b t ?..............................................................................
Additional legal debt capacity3...................................................................................
Direct debt per capita ..................................................................................................
Direct and overlapping debt per capita........................................................................
Direct debt as a percentage of Assessed Valuation .....................................................
Direct & overlapping debt as a percentage of Assessed Valuation .............................
'see "Property Valuations" inpa

2 ~ . S .10-301
~ . et seq.
3 ~ o enot
s reflect debt exempt from limitation
NOTE: The Newton Kansas Public Building Commission has outstanding $2,685,000 Public Building Commission
Revenue Bonds not reflected above.
Current Indebtedness of the Issuer
The following table sets forth as of the date of issuance of the Bonds all of the outstanding obligations of the Issuer
including the Bonds:
Dated Final Original Amount

Series -
Date Maturitv Principal Amount Outstanding
Series 1993-A 05/01/1993 09/01/2008 $l,24O,OOO $ 200,000
Series 1993-13 10/01/1993 09/01/2006 2,820,000
Series 1995 11/01/1995 0910 112005 600,000
Series 1996 11/01/1996 09/01/2011 1,320,000
Series 1997 12/01/1997 0910l/2OO7 1,238,000
Series 1999 11/01/1999 09/01/2019 2,125,000
Series 2001 08/15/2001 0910 112021 7,285,000
Series 2001-B Taxable 08/15/2001 0910 1/2004 555,000
Series 2004-A (THIS ISSUE) 09/01/2004 0910112024 5,323,000*
Series 2004-B Taxable (THIS ISSUE) 09/01/2004 09/01/2024 5 l5,OOO*
Total
Source: Clerk
The City has no outstanding Temporary Notes as of the date of this Official Statement.
Description of Amount
Indebtedness Series Outstanding
Wastewater Treatment System 1992 0 1,600,000
Wastewater Treatment System Refunding 1998 1,695,000
Water Utility System 2000 920,000
$4,215,000
Source: Clerk
Lease Obligations
As of the date of this Official Statement, the City has no outstanding capital lease obligations.
Overlapping Indebtedness
The following table sets forth overlapping indebtedness as of September 1,2004, and the percent attributable (on the
basis of assessed valuation) to the City:
Outstanding Percent Amount

Taxing Assessed General Obligation Applicable Applicable
Jurisdiction Valuation Indebtedness to Issuer to Issuer
Harvey County $238,447,163 $ 3,715,000 44.32% $ 1,646,488
U.S.D. No. 373 136,719,996 24,000,000 77.29 18,549.600
Total $20,196,088
NOTE: Under the present school finance plan, 37% of annual debt service requirements of Unifield School District
No. 373 is paid by the State of Kansas.

APPENDIX B
FINANCIAL STATEMENTS AND REPORT OF

INDEPENDENT CERTIFIED PUBLIC ACCOUNTANTS
(FOR THE FISCAL YEAR ENDED 12/31/02)
B-I
-
- (THIS PAGE INTENTIONALLY LEFT BLANK)
General Purpose Financial Statements
(THIS PAGE INTENTIONALLY LElT BLANK)
110 Old Mill R o s d P.O. Box 425
Newton, K . n m 671140425
316 283-5366 FAX 316 283-8379
INDEPENDENT AUDITOR'S REPORT
City Commission
We have audited the general purpose financial statements of the City of Newton, Kansas as of and for the
year ended December 3 1,2002, as listed in the table of contents. These general purpose financial statements are the
responsibility of the City's management. Our responsibility is to express an opinion on these general purpose
financial statements based on our audit.
We conducted our audit in accordance with auditing standards generally accepted in the United States of
America. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether
the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence
supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting
principles used and significant estimates made by management, as well as evaluating the overall financial statement
presentation. We believe that our audit provides a reasonable basis for our opinion.
In our opinion, the general purpose financial statements referred to above present fairly, in all material
respects, the financial position of the City of Newton, Kansas as of December 3 1,2002, and the results of its
operations and changes in cash flows of its proprietary find types for the year then ended, in conformity with
accounting principles generally accepted in the United States of America.
Our audit was made for the purpose of forming an opinion on the general purpose financial statements taken
as a whole. The combining, individual fund and individual account group financial statements and schedules listed
in the table of contents as supplementary information are presented for purposes of additional analysis and are not a
required part of the general purpose financial statements of the City of Newton, Kansas. Such information has been
subjected to the auditing procedures applied in the audit of the general purpose financial statements and, in our
opinion, is fairly presented in all material respects in relation to the general purpose financial statements taken as a
whole.
The other data included in this report, designated as the "statistical section" in the table of contents, has not
been audited by us and, accordingly, we express no opinion on that data.
-
Certified Public Accountants
May 29,2003
COMBINED BALANCE SHEET
ALL FUND TYPES, ACCOUNT GROUPS, AND COMPONENT Uh?TS
December 31,2002
Governmental Fund Twes
Special Debt Capital

General Revenue Service Proiect
ASSETS AND OTHER DEBITS
Assets:
Cash, including investments
Cash with fiscal agent
Due from other funds
Receivables:
Property tax
Sales tax
Franchise tax
Accounts receivable
Interest receivable
Other
Deposits
Inventory
Restricted Assets:
Cash
Joint venture investment
Property, plant and equipment, net of
accumulated depreciation where applicable
Bond issue costs, net of ilccumulated
amortization
Other debits:
Amount available in debt
service fund
Amount to be provided for retirement
of general long-term debt
Total assets and other debits
Fiduciary Total Component Total
Proprietary Fund Types Funds Account Groups (Memorandum Unit (Memorandum
General General Only) Newton Only)
Trust and Fixed Long-term Primary Public Reporting
Enternrise Agency Assets -
Debt Government Library Entity
1,935,846 332,073 5,931,936

- - 35,000
- 3,576,840
- - 4,488,698
- - 118,518
- - 103,112
499,840 - 701,413
7,410 2,565 20,869
- - 190,699
- - 128,900
38,613 - 130,045
1,447,675 - 1,710,888
40,000 40,000
l4,O31,509 - 32,239,640
23,599 - 23,599
,
- - 846,s10
- -
(Continued)
2
CITY OF NEWTON, W S A S
ALL FUND TYPES, ACCOUNT GROUPS AND COMPONENT UNITS
(Continued)
December 31,2002
Governmental Fund Twes

General Revenue Senice Project
LIABILITIES. EOUITY AND OTHER CREDITS
Liabilities:
Accounts payable
Accrued interest expense
Due to other funds
Unreported claims payable
Matured bonds and coupons payable
Deferred revenue
General obligation bonds payable
Special assessment debt with government
commitment
Capital lease obligation
Enterprise revolving fund loans payable
Revenue bonds, net of refunding costs
Compensated absences
Total liabilities
Equity and other credits:
Investment in general fxed assets
Contributed capital
Retained earnings:
Reserved for revenue bond retirement
Reserved for water conservation programs
Unreserved
Fund balance:
Reserved for encumbrmces
Reserved for inventory
Reserved for community development
Reserved for equipment
Reserved for debt service
Reserved for perpetual care
Reserved for employee retirement
Unreserved:
Designated for subsequent year's budget
Undesignated
Total equity and other credits
Total liabilities, equity and
other credits
The notes to financial statements are an integral part of this statement

Proprietary Fund Types Funds Account Groups (Memorandum Unit (Memorandum
Internal Trust and Fixed Long-term Primary Public Reporting
Enterprise Service A~ency Assets -
Debt Government Library Entit,
COlMBINED STATEMENT OF REVENUES, EXPENDITURES AND
CHANGES IN FUND BALANCES - ALL GOVERNMENTAL FUND TYPES,
EXPEhmABLE TRUST FUNDS, AND DISCRETELY PRESENTED COMPONENT UNITS
Year Ended December 31,2002
Governmental Fund Types

Revenues:
Taxes and special assessments
Intergovernmental
Licenses and permits
Charges for services
Fines, forfeitures and penalties
Use of money and property
Other
Total revenues
Expenditures:
Current:
General government
Public safety
Highway and streets
Culture and recreation
Airport
Capital outlay
Debt senice:
Principal
Interest
Total expenditures
Excess (deficiency) of revenues
over (under) expenditures
Other financing sources (uses):
Operating transfers in
Operating transfers out
Total other financing sources (uses)
Excess (deficiency) of revenues and
other sources over (under)
expenditures and other uses
Fund balance, beginning of the year
Fund balance, end of the year

Total Component Total
Fiduciary (Memorandum Unit (Memorandum
Funds only) Newton only)
Expendable Primary Public Reporting
Government Library Entity
CITY OF NEWTON,
COMBIhiED STATEMENT OF REVENUES, EXPENDITURES ANXI CHANGES
IN FUND BAlLANCES - BUDGET AND ACTUAL - GEhERAL, SPECIAL REVENUE
AND DEBT SERVICE F'UND TYPES
@on-GAAP Basis)
General Fund
Variance
Favorable
Budget Actual JUnfavorable)
Revenues:
Intergovernmental
Other
Tranfers in
Total revenues and other sources
Expenditures:
Current:
General government
Public safety
Highway and streets
Airport
Capital outlay
Debt service:
Principal
Interest and commissions
Transfers out
Total expenditures and other uses
Excess of revenues and other sources
over expenditures and other uses
Unencumbered cash, beginning of year
Unencumbered cash, end of year
Add: year end inventory
accrued income
fund balances of non-budgeted
funds
encumbered expenditures
Total fund balance, end of year

Budgeted Special Revenue Funds Debt Service Fund
Variance Variance
Favorable Favorable
Budget Actual (Unfavorable) Budget Actual (Unfavorable)
COMBINED STATEMENT OF REVENUES, EXPENSES AND CKLYGES IN
FUND EQUITY - ALL PROPRIETARY FUND TYPES
Proprietary Funds Total

Internal (Memorandum
Enterprise Service Onlv)
Operating revenues:
Service fees
Rental
Employee and employer contributions
Reimbursed expenses
0ther
Total revenues
Operating expenses:
General operations
Production
Employee health benefits
Transmission and distribution
Depreciation and amortization
Total expenses
Operating income (loss)
Non-operating revenues (expenses):
Interest income
Interest expense
Income before contributions and transfers

Capital contributions
Transfer from other funds.
Transfer to other funds
Net income (loss)
Fund equity,
beginning of the year
Fund equity,
end of the year
1 The notes to financial statements are an integral part of this statement

CITY OF NEWTON,KANSAS
COMBINED STATEMENT OF CASH FLOWS
- ALL PROPRIETARY FUND TYPES
Enternrise Service Onlv)
Cash flows from operating activities:
Adjustments to reconcile net
operating income to net cash
provided by (used in) operating activities:
Changes in operating assets and
liabilities:
Accounts receivable
Due from other governments
Inventories
Accounts and other payables
Claims payable
Net cash provided by (used in) operating
activities
Cash flows from non-capid

financing activities:
Operating transfer from other hnds
Operating transfer to other funds
Net cash used for non-capital
financing activities
Cash flows from capital and
related financing activities:
Payments for capital assets
Proceeds from long-term debt issued
Payments for long-term debt:
Principal paid
Interest paid
Contributed capital
Net cash used for capital and
related financing activities
Cash flows from investing activities:
Interest income received
Net cash fiom investing activities
Net increase (decrease) in cash
Cash, beginning of the year
Cash, end of the year
The notes to financial statements are an integral part of ,this statement

7
STATEMENT OF CHANGES IN PLAN NET ASSETS
- POLICE & FIRE PENSION FUND
Additions:
Employer contributions
Police
Fire
Total contributions
Interest earned
Total additions
Deductions:
Benefits paid
Total deductions
Net increase
Net assets held in trust for pension benefits
Beginning of the year
End of the year

NOTES TO FINANCIAL, STATEMENTS
December 3 1,2002
SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES
Reuorting Entity - The City of Newton was originally incorporated in 1871 under the laws of the State of
Kansas. The City operates under a commission-manager form of government and provides services to its
citizens in the areas of public safety, public works, community planning and development, water, waste water
and sanitation utilities, recreation, cultural and social assistance and municipal facilities.
Accounting principles generally accepted in the United States of America require that these financial
statements present the City of Newton (the primary government) and its component units. The component
unit described below is included in the City's reporting entity because of its operational significance or
financial relationship with the City.
~iscretelvPresented Comuonent Unit - The Newton Public Library, although a separate legal entity, is
reported as a discrete component unit. The Library is governed by a Board, the appointees of which are
approved by the City. The Library is not a separate taxing entity under State statutes and the City levies
taxes for the Library operation, which represents a significant portion of its total revenues.
Separate financial statements of the component unit are not issued. Condensed financial statements for this
entity are included below.
BALANCE SHEET - COMPONENT UNIT

December 3 1,2002
Newton Public Librarv

Special
General Revenue
-
Fund Funds Total
ASSETS
Cash
LIABILITIES AND
FUND BALANCE
Liabilities
Accounts payable
Fund balance:
Unreserved
Total liabilities and
fund balance
NOTES TO FINANCIAL STATEMENTS
December 3 1,2002
1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued)

STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE
- COMPONENT UNTT
Year Ended December 3 1,2002
Newton Public Library

Special
General Revenue
-
Fund Funds -
Total
Revenues:
Taxes
Intergovernmental
Fines, forfeitures
and penalties
Use of money and
Propem'
Other
Total revenues 5 11,273 138.82 1 650.094
Expenditures:
Personal services
Contractual services
Commodities
Capital outlay
Total expenditures 569.52 1 108,072 677,593
Revenues over (under)
expenditures ( 58,248) 30,749 ( 27,499)
Fund balance,
beginning of the year 152.734 245.029 397,763
Fund balance,
end of the year $ 94,486 275.778 370.264
Related organizat& - Newton Housing Authority is a related organization that is not included in the
financial reporting entity. The Authority was created to administer public housing programs
authorized by the United States Housing Act of 1937, as amended. Revenues consist of housing
assistance payments from the U.S. Department of Housing and Urban Development and rent received
from eligible low income tenants.
Total Memorandum Onlv) columns -The accompanying financial statements of the City of Newton,
Kansas are presented in conformity with accounting principles generally accepted in the United States
of America. The amounts shown in the "Total (Memorandum Only)" columns of the accompanying
general purpose financial statements are presented only to facilitate financial analysis and are not the
equivalent of corlsolidated financial statements. Interfund eliminations have not been made in the
aggregation of this data.
December 3 1,2002
SUMMARY OF SIGNIFICANT ACCOUNTING POLICES (Continued)
Basis of Accounting - The modified accrual basis of accounting is used for govemmental fund types
and expendable trust funds where the measurement focus is on current financial resources. The
modified accrual basis of accounting is also used for agency funds. Generally, only current assets and
liabilities are recorded on their balance sheets and their reported fund balance is considered a ineasure
of available spendable resources. Modifications fiom the accrual basis are as follows:
, A. Revenues are recognized when they become both measurable and available to finance
expenditures of the current period.
B. Expenditures are recognized when the related fund liability is incurred.
C. Interest on general long-term indebtedness is not accrued, but is recorded as an

expenditure on its due date.
D. Disbursements for the purchase of capital assets providing future benefits are
considered expenditures. Bond proceeds are considered other financing sources and
the associated debt is accounted for in the general long-term debt account group.
The accrual basis of accounting is used for proprietary and pension trust fund types, where the
measurement focus is on economic resources. All assets and all liabilities, current and noncurrent,
are included on their balance sheets. Their reported fund equity is segregated into contributed capital
and retained earnings. Operating statements present increases and decreases in net total assets.
As provided by GASB Statement #20, the City has elected to follow (1) all applicable GASB
Statements and (2) FASB Statements and Interpretations, APB Opinions, and Accounting Research
Bulletins issued on or before November 30, 1989, except those that conflict with a GASB
pronouncement, in its financial reporting for proprietary and similar trust fund activities.
The accounts of the City are organized and operated on the basis of funds and account groups, each of
which is defined as an accounting entity with a self-balancing set of accounts established for the
purpose of carrying on specific activities or attaining certain objectives in accordance with special
regulations, restrictions or limitations.
In accordance with State statutes and City ordinances, several different types of funds and account
groups are used to record the City's financial transactions. For financial reporting, they have been
grouped and are presented in this report as follows:
Governmental Fund Twes:
General Fund - The general fund is used to account for all financial resources except those
required to be accounted for in another fund.
December 3 1,2002
Special Revenue Funds - Special revenue funds are used to account for the proceeds of
specific revenue sources that are restricted by law or administrative action to expenditure for
specified purposes.
Debt Service Fund - The debt service fund is used to account for the accumulation of
resources for, and the payment of, interest and principal on general long-term debt, including
special assessments which are general obligations of the City.
M a 1 Proiect Funds - The capital project funds are used to account for financial resources
to be used for the acquisition or construction of major capital facilities and equipment.
W r i e t a r v Fund Twes:
Enterwise Funds - Enterprise h d s are used to account for operations where it is the stated
intent that costs of providing that service to the general public on a continuing basis be
financed or recovered primarily through user charges.
Internal Service Funds - Internal Service h d s are used to account for the financing of goods
and services provided by one fund to other funds of the City on a cost reimbursement basis.
Fiduciary Fund Twes:
Trust and Agencv Funds - Trust and agency funds are used to account for assets held by the
City as a trustee or agent for individuals, private organizations and other governmental units.
Account Groups:
General Fixed Assets - The general fixed assets account group is used to maintain control and
cost information on capital assets owned by the City, other than those of the proprietary
funds.
General Long-Term Debt - The general long-term debt account group is used to account for
unmatured general long-term indebtedness of the City.
Cash and Investments - State statutes authorize the City to invest in temporary notes and no-fund
warrants of the City, time deposits, United States Treasury bills or notes, bonds of municipalities of
the State of Kansas, repurchase agreements, and the Kansas Municipal Investment Pool.
The City maintains a cash and investment pool that is available for use by all funds. The pool has the
general characteristics of demand deposit accounts, in that, each fund may deposit additional cash at
any time and also may withdraw cash at any time without prior notice or penalty.
December 3 1,2002
Each fund type's portion of the pool is displayed on the combined balance sheet as "Cash, including
investments." Earnings of the pool are allocated to the investing fund, unless specifically designated.
Investments are stated at cost, which is the equivalent of fair value for all investments held during
2002.
Cash Flows - For purposes of the statement of cash flows, the City considers all investments by funds
in the City's cash and investment pool (including restricted assets) to be a cash equivalent.
Prouertv Taxes Receivable - In accordance with governing State statutes, property taxes levied during
the current year are a revenue source to be used to finance the budget of the ensuing year. Taxes are
assessed on a calendar year basis and become a lien on the property on November 1 of each year. The
County Treasurer is the tax collection agent for all taxing entities within the County. Property owners
have the option of paying one-half or the full amount of the taxes levied on or before December 20
during the year levied with the balance to be paid on or before June 20 of the ensuing year. State
statutes prohibit the County Treasurer from distributing taxes collected in the year levied prior to
January 1 of the ensuing year. Consequently, for revenue recognition purposes, the taxes levied
during the current year are not due and receivable until the ensuing year. At December 3 1, such taxes
are a lien on the property and are recorded as taxes receivable with a corresponding amount recorded
as deferred revenue on the balance sheet of the appropriate funds. It is not practicable to apportion
delinquent taxes held by the County Treasurer at the end of the year and, further, the amounts thereof
are not.materia1 in relationship to the general purpose financial statements.
Inter~overnmentaland Other Revenues - Recognized State-shared taxes represent payments received

during the current fiscal period. State statutes specify distribution dates for such shared taxes and,
consequently, for revenue recognition purposes, amounts collected and held by the State on behalf of'
the City at yearexdare not due and receivable until the ensuing year.
Federal and State grant aid is reported as revenue when the related reimbursable expenditures are
incurred.
Licenses, fees, fines, forfeitures, charges for services and other revenues are generally not susceptible
to accrual and are recorded when received in cash.
Revenue is recorded in proprietary funds as billed to customers on a cycle basis. Residential and
commercial customers are billed monthly. Within the City's utility funds, an estimated amount has
been recorded for services rendered but not yet billed at the close of the year.
Inventories - Inventories that benefit future periods are recorded as expenditures or expenses as
consumed. Inventories are stated at cost, as determined by the first-in, first-out method.
Restricted Assets - Certain proceeds of enterprise fund revenue bonds, as well as certain resources set
aside for their repayment, are classified as restricted assets on the balance sheet because their use is
limited by applicable bond covenants.
Certain assets of special revenue funds are classified as restricted assets on the balance sheet
because their use is limited by applicable grant agreements.
December 3 1,2002
Property. Plant and Eauivment - Property, plant and equipment are recorded at cost or estimates of
original cost and gifts at fair value at the date of the gift.
The general fixed assets account group does not include infrastructure fixed assets such as bridges,
curbs and gutters, streets and sidewalks. The City does not record depreciation on general fured
assets.
Depreciation of property, plant and equipment in the enterprise and internal service funds is provided
by the straight-line method over the following estimated useful lives:
Buildings 30 to 50 years
Improvements other than buildings 15 to 30 years
Machinery 5 to 15 years
Office equipment and furniture 5 to 12 years
Water treatment plant 30 years
Water and sewer mains 30 to 50 years
S~ecialAssessments - In accordance with State statutes, projects financed in part by special

assessments are financed through issuance of general obligation bonds of the City and are retired
fiom the bond and interest fund. Special assessments paid prior to the issuance of bonds are recorded
as revenue in the appropriate project. Special assessments received after the issuance of bonds are
recorded as revenue in the bond and interest fund. The special assessments receivable are not
recorded as revenue when levied against the respective property owners as such amounts are not
available as a resource to finance current year operations.
Compensated ~ b s e n c e -s The City's policies regarding vacation and sick leave permit employees to
accumulate a maximum of 10 to 18 days of vacation leave (depending on the number of years of
continuous service) and a maximum accumulation of ninety days sick leave. Policies require the
cancellation of accumulated sick leave on date of employment termination. The liability for accrued
vacation leave of the governmental fund types has been recorded in the general long-term debt group
of accounts, representing the City's commitment to fund such costs from future operations.
Proprietary fund types accrue vacation leave benefits in their own funds. The liability is based on
current salary costs and the vested portion of accumulated benefits.
Budgetarv Princiules - The City is required by State statute to adopt annual budgets for the general
fund, special revenue funds, debt service fund, enterprise funds, and intemal service funds (unless
specifically exempted by statute) on or before August 25 for the ensuing year. Specific funds
exempted from legally adopted budgetary requirements include:
S~ecialRevenue Funds Internal Service Funds

Community Development Health Benefits Risk
Municipal Equipment Management
Capital Improvement
December 3 1,2002
1. SUMMARY OF SIGNIFICANT ACCOUNTING FOLICIES (Continued)
Controls over spending in h d s which are not subject to legal budgets are maintained by the use of
internal spending limits established by management. Total expenditures by a fund constitutes the
legal level of control. Expenditures may not: exceed appropriations at this level. Management may
transfer appropriations between budget lines within the same fund without approval of the governing
body.
State statutes permit original budgets to be increased for "...previously unbudgeted increases in
revenue other than ad valorem property taxes." The City must first publish a Notice of Hearing to
amend the budget. Ten days after publication, a Public Hearing is held and the governing body may
amend the budget at that time. Budgetary data in the financial statements represent the original
budgeted amounts (no budgets were amended in 2002).
Applicable Kansas statutes require the use of an encumbrance system as a management control
technique to assist in controlling expenditures. For budgetary purposes, encumbrances of the
budgeted governmental fund types, representing purchase orders, contracts and other commitments,
are reported as a charge to the current year budget. All unencumbered appropriations lapse at the end
of the year, except for capital project funds which are camed hrward until such time as the project is
completed or terminated. Encumbered appropriations at year end are carried forward. For budgetary
purposes, revenues are recognized on a cash basis in budgeted governmental fund types and not on
the modified accrual basis as required by generally accepted accounting principles. Accordingly, the
actual data presented in the budgetary comparison statements differ from the data presented in the
financial statements prepared in accordance with accounting principles generally accepted in the
United States of America (GAAP).
Reserved and Desimated Fund Balances - The fund balances of the governmental fund types inclw.
the following reserves which indicate that a portion of fund balance is not appropriable for
expenditures or is legally segregated for a specific future use.
Reserved for Encumbrances -Used to segregate a portion of fund balance legally restricted
for the future payment of outstanding encumbrances.
Reserved for Inventory - Used to segregate a portion of fund balance to indicate that
inventories do not represent available or spendable resources.
Reserved for Debt Service -Used to segregate a portion of fund balance for debt service
resources legally restricted to the payment of general long-term debt principal and interest
amounts maturing in future years.
Reserved for Cornrnunitv Development - Used to segregate a fund balance restricted for
community development.
Reserved for Pemetual Care - Used to segregate a portion of fund balance of the Cemetery
and Mausoleum trust fund.
December 3 1,2002
The following designations of unreserved fund balances of governmental funds indicate

management's intent for financial resources utilization in future periods.
Desimated for Subseauent Year's Budaet - Used to segregate a portion of fund balance for
current resources that were included in the subsequent year's budget to be used to finance
operations of the ensuing year.
Estimates - The preparation of financial statements in conformity with accounting principles generally
accepted in the: United States of America requires management to make estimates and assumptions
that affect certain amounts and disclosures. Accordingly, actual results could differ i?om those
estimates.
Pending Gove~nmentalAccounting Standards Board Statements- As of Decembger 3 1,2002, the

Governmental Accounting Standards Board (GASB) had issued statements not yet implemented by
the City of Newton. The statements that might impact the City are as follows:
GASB Statement No. 34, " ~ a s i cFinancial Statements - and Management Discussion and
Analysis - for State and Local Governments", issued June 1999, will be effective for the City
for the year ending December 3 1,2003. Statement No. 34, summarized below, imposes new
standards for financial reporting. Management has not yet completed its assessment of this
statement; however, its will have a material effect on the overall fmancial statement
presentation for the City. For the first time, financial managers will be required to share their
insights in a management's discussion and analysis (MD&A) that gives readers an analysis of
the government's overall fmancial position and results of the previous year's operations.
Financial statements will be presented under a dual perspective - a government-wide

perspective and a fund level perspective. The annual report will include government-wide
financial statements using full accrual accounting for all of the government's activities, not
just proprietary activities as previously required. Governments will report all capital assets,
including infrastructure, in a government-wide statement of net assets and will report
depreciation expense, in the statement of activities. Infrastructure assets will be reported, but
may not be required to be depreciated, under certain circumstances.
The net assets of a government will be segregated into three categories: (1) invested in
capital assets, net of related debt, (2) restricted, and (3) unrestricted. A statement of activities
will be, presented in at least the same level of detail provided in the governmental fund
statements: generally, expenses and program revenues by function. Program expenses will
include all direct expenses; governments that allocate overhead and other indirect expenses to
individual programs show the allocations in a separate column. Special and extraordinary
items will be reported separately from other revenues and expenses. This way, users will see
if the government's conventional, recurring revenues and expenses are balanced.
Statement No. 34 requires governments to continue to present fund level financial statements
with information about funds. The focus of these fund-based statements has been changed,
however, by requiring governments to report information about their most important or major
December 3 1,2002
funds, including a government's general fund. Fund-based statements for governmental

activities (generally, those supported by tax revenues) will continue to report the flow of
current financial resources (generally, cash and other assets that can easily be converted. LO
cash). To help users understand the relationship between fund-based and government-wide
financial statements, governments will present a summary reconciliation between the two
statements.
Governments will continue to provide budgetary comparison information in their annual

reports - as required supplementary information. An important change, however, is a
requirement to add the government's original budget to the current comparison of final
budget and actual results.
Internretation No. 6 of the GASB, "Recognition and Measurement of Certain Liabilities and
Expenditures in Governmental Fund Financial Statement.", issued in March 2000, clarifies
the application of existing standards for distinguishing the respective portions of certain types
of liabilities that should be reported as governmental fund liabilities and expenditures and
general long-term liabilities of the government. The effective date of this interpretation
coincides with the effective date of Statement 34, or the year ended December 3 I , 2003.
GASB Statement No. 37, "Basic Financial Statements - and Management's Discussion and
Analysis - for State and Local Governments: Omnibus", was issued in June 200 1 and amends
Statement No. 34. The amendments to GASB 34 were made to clarify certain provisions,
including the requirement of the Management's is cuss ion and Analysis, adoption of the
modified approach for infrastructure assets, program revenue classifications, and major fund
criteria. Statement No. 37 also eliminates the requirement to capitalize construction-period
interest for governmental activities and changes the minimum level of detail required for
business-type activities in the statement of activities from segments to different identifiable
activities. The provision of Statement No. 37 will be simultaneously implemented with
Statement 34, effective for the year ended December 3 1,2003.
GASB Statement No. 38, "Certain Financial Statement Disclosures9',was also issued in June
2001. This Statement establishes and modifies disclosure requirements related to the
summary of significant accounting policies, actions taken to address violations of significant
finance-related legal and contractual provisions, debt and lease obligations, short-term debt,
disaggregation of receivable and payable balances, and interfund balances and transfers. The
provision of this Statement are generally effective when the provisions of GASB Statement
No. 34 are required to be implemented, except that requirements related to short-term debt,
receivable and payable balances, interfund balances, and interfund transfers may be
implemented one year later, or the year ended December 3 1,2004.
December 3 1,2002
CASH AND INVESTMENTS
Dmosits - At yearend, the City's carrying amount of bank deposits was $2,836,967, which included
$374,183 from the component unit, and the bank balance was $3,288,976, which included $441,061
from the component unit. All of the bank balance was covered by Federal depository insurance or by
collateral held by the City's agent in the City's name. The City requires financial institutions to pledge
collateral with a market value equal to or greater than 100% of uninsured deposits.
Investments - Investments that are represented by specific identifiable investment securities are
categorized into the following three categories of credit risk:
1. Insured or registered securities or securities held by the government or its agent in the
government's name.
2. Uninsured and unregistered with securities held by the counterparty's trust
department or agent in the government's name.
3. Uninsured and unregistered with securities held by the counterparty or by its trust
department or agent but not in the government's name.
During 2002, the City's investments consisted solely of accounts with the Kansas Municipal
Investment Pool (KMIP). Under Kansas statutes, the KMIP is governed by the State of Kansas
Pooled Money Board, which is the state entity responsible for managing state pooled funds. The
City's cost of plan shares is equivalent to share fair value. At year end, the City's investment in
KMIP consisted of the following pooled account which is not subject to risk Categorization:
C e n g Fair
Amount Value
Kansas Municipal
Investment Pool
Cash and investments as shown on combined balance sheet are as follows:

Primary Component
Government Units Total
Cash .and hvestments
Restricted Cash
Cash with fiscal agent - Consists of $35,000 held by the Kansas State Treasurer for payment of matured
bonds and interest. These funds are not subject to the risk categorization for deposits.
December 3 1,2002
3. FIXED ASSETS
General Fixed Assets - Activity in the general fixed assets account group for the year ended December
3 1,2002 is as follows:
Balance Balance
12-31-01 Additions Deletions 12-31-02
Primary Government:
Land
Buildings and structures
Equipment
Construction in progress
Pro~rietarvFunds' Fixed Assets - The major classes of property assets for proprietary type funds at
December 3 1,2002 are as follows:
Internal
Enternrise Funds Service
Sewer Sanitation Water Total Fund
Primary Government:
Land $ 223,447 -
Buildings 1,384,137 145,069
Equipment 2,115,231 352,O 10
Service lines 12,407,047 -
Construction in progress 889,069 -
l7,O l8,93 1 497,079
Less accumulated
depreciation 8,868,308 4 16,269
Net $ 8.150.623 216.156 5.664,730 14.031.509 80.8 10
LONG-TERM DEBT
The following is a summary of changes in long-term debt of the City for the year ended December 3 1,
2002:
General Long-Term Debt
General Capital
Obligation Lease Compensated
Bonds Obligations Absences Total
Primary Government:
Outstanding
January 1,2002 $ 12,535,000 129,767 48,684 12,713,45 1
Additions - - - -
Deletions ( 1,045.000) ( 10.291) (26,548) ( 1.08 1,839)
Outstanding
December 31,2002 $ 11,490.000 119,476 22,136 11.631.612
December 3 1,2002
4. LONG-TERM DEBT (Continued)
Enternrise Fund Debt

Kansas
Revenue Revolving
Bonds Fund Loan -
Total
Primary Government:
Outstanding
January 1,2002
Additions
Deletions
Outstanding
December 3 1,2002
Less deferred refbnding costs
Net $2.906.5 18 2.627.986 5.534.504
Advance Refilndine - The City's refunding issues that still have underlymg refunded debt
outstanding at December 3 1,2002, consisted of the following:
Defeased Debt
Refunding Final Balance
-
Year Descrivtion of Issues Refimded Maturitv 12-3 1-02
1994 1978 Waterworks Revenue 2007 $ 1,805,000
1985 G. 0. Bonds prior to 1985 2004 80,000
1993 G. 0. Bonds 1985 - 1990 2009 290,000
1998 1992 Wastewater Treatment Revenue 2012 1,880,000
200 1 Series 1994 G. 0. Bonds 2009 780,000
Issuance of the 1998 Wastewater Treatment Refunding Revenue bonds resulted in a $255,000 cost
that has been netted with outstanding Sewer revenue bond debt in the accompanying financial
statements. The unamortized balance of deferred cost was $168,482 at December 3 1,2002; and the
amortization charged against Sewer enterprise fund income was $18,214 during the year ended
December 3 1,2002.
December 3 1,2002
General Obligation Bonds - General obligation bonds are serial bonds to be retired through calendar
year 2021. At December 3 1,2002, the outstanding general obligation bonds consisted of the
following:
Outstanding
Interest December 3 1, Original
Rate 2002 Amount
Internal improvements, 1993-A 3.50 - 6.50 350,000 1,240,000
Refunding improvements, 1993-B 2.70 - 4.75 305,000 2,820,000
Internal improvements, 1995 4.70 - 5.13 l8O,OOO ' 600,000
Internal improvements, 1996 4.25 - 5.90 780,000 1,320,000
Internal improvements, 1997 4.20 - 5.80 625,000 l,23 8,000
Internal improvements, 1999 4.60 - 6.00 1,830,000 2,125,000
Internal improvements / refinding, 3.00 - 4.70 6,875,000 7,285,000
Airport improvements, 200 1 7.00 545.000 555,000
$ 11,49O,OOO
Remaining debt service requirements for general obligation bonds will be paid fiom the bond and
interest h d with future property tax revenues, special assessment taxes, and transfers from
enterprise funds. A portion of the general obligation bond principal represents special assessment
debt with government commitment to pay the principal and interest if the special assessments are
not paid by the applicable property owners. Annual debt service requirements to maturity for
general obligation bonds are as follows:
Year Ending General Obligation Debt Special Assessment Debt

December 3 1 Princiual Interest Principal Interest
2003
2004
2005
2006
2007
2008-2012
2013-2017
20 18-202 1
Total
Cauital Lease Obligation, Harvey Countv - The City has entered into an agreement with Harvey
County to pay a portion of the costs of remodeling the law enforcement facilities operated jointly
by the City and County. Under the terms of the agreement, Harvey County issued general
obligation bonds for the total project and the City will pay Harvey County for the City's share of
principal and interest on the bonds issued to finance the project to Harvey County as they become
due. This debt has been recorded by the City as a general obligation capital lease transaction in the
long-term debt account group. Interest rates range from 4.25% to 5.50% and mature in 201 1.
December 3 1,2002
LONG-TERM DEBT (Continued)
Future minimum lease payments for the capital lease described above are as follows:
Less interest ( 30.459)

Present value of lease payments $ 119,476
Revenue Bond? - Outstanding revenue bonds, secured by revenues derived fiom the operations of
enterprise funds, consist of $2,030,000 of series 1998 Wastewater Treatment Refunding (sewer fund)
with interest from 4.0% to 4.9%, and $1,045,000 of series 2000 Waterworks with interest fiom 4.2% to
6.0%. Annual debt service requirements to maturity for the revenue bonds outstanding at December 3 1,
2002 are as follows:
Year Ending December 3 1 Interest

2003 150,571
2004 140,368
2005 129,350
2006 117,430
2007 104,580
2008-2012 297,542
2013-2014 20.400
960.241
Revenue bond ordinances for the revenue bonds provide for deposits to (a) a principal and interest
account each year to provide for the payment of principal and interest on the bonds as they become due
and payable, (b) a bond reserve account to accumulate to a maximum stated amount to be used solely
and exclusively for payment of principal and interest of such bonds for which funds might not otherwise
be available, and (c) a maintenance reserve account to accumulate to a maximum stated amount to be
used for unusual and unforeseen repair and replacement expenses. The revenue bond ordinance also
provides for user rates to be established at a level that will generate net operating income at an amount
not to be less than 125% of the amount required to be paid in the next succeeding year for both
principal and interest on revenue bonds outstanding. The net operating income in the wastewater and
waterworks system funds for the year ended December 3 1,2002 was sufficient to meet the above-stated
requirements. At December 3 1,2002, the City was in compliance with the reserve requirements of the
revenue bond ordinances.
NOTES TO FINANCIAL STATEMEhTS
December 3 1,2002
Water Fund Revolving Loan - During 1999, the City entered into a loan agreement with the
State of Kansas Department of Health and Environment (KDHE) to provide funding for
improvements to the City's waterworks system. Terms of the revolving loan agreement with KDHE
call for the loan to be repaid to the state revolving fund over a 20-year term. The loan is being
repaid, fiom the revenues generated by the water fund, in equal semi-annual installments of
$76,551 beginning August 1, 1999, at an annual interest rate of 4.17%.
Future principal payments on this loan are estimated as follows:
Sewer Fund Revolvin~Loan - During 2002, the City entered into a loan agreement with the State of
Kansas Department of Health and Environment (KDHE) to provide funding for improvements to the
City's sewer system. The City had drawn $8 l6,63 1 of the maximum amount of $1,400,000 as of
December 3 1,2002. Terms of the revolving loan agreement with KDHE call for the loan to be repaid
to the state revolving fund over a 20-year term. The loan will be repaid, fiom the revenues generated
by the sewer fund, in equal semi-annual installments fo $5 1,808 (assuming the maximum amount is
borrowed) begiming February 1,2004, at an annual interest rate of 4.14%.
Future principal payments on this loan are estimated as follows (assuming the maximum amount is
borrowed):
December 3 1,2002
5. SEGMENT INI?ORMATION FOR ENTERPRISE FUNDS
The City maintains three enterprise funds which consist of sewer, sanitation and water services.
Segment infommtion for the year ended December 3 1,2002 is as follows:
Sewer Sanitation Water -

Total
Total operating revenues $ 1,659,394 925,83 1 2,789,700 5,374,925
Depreciation expense 506,703 64,864 227,795 799,362
Operating income (loss) 3 1,035 (133,194) 682,699 580,540
Net income (loss) ( 325,366) (250,194) 293,247 ( 282,3 13)
Property, plant and
equipment additions 921,382 - 679,833 1,601,215
Bonds and other long-term
liabilities payable fiom
operating revenue 2,678,149 - 2,856,355 5,534,504
Total equity 7,407,494 432,721 4,445,150 12,285,365
Total assets v lO,l49,O7 1 466,828 7,408,593 18,024,492
Net working capital 1,O78,3OO 216,565 982,221 2,277,086
Operating transfers in 7,000 - - 7,000
Operating transfers out ( 3 14,936) (1 l7,OOO) ( 292,732) ( 724,668)
6. DEFINED BENEFIT PENSION PLANS
Plan Descri~tiog- The City participates in the Kansas Public Employees Retirement System (KPERS)
and the Kansas Police and Firemen's Retirement System (KP&F). Both are cost-sharing multiple-
employer defined benefit pension plans as provided by K.S.A. 74-4901, et seq. KPERS and KP&F
provide retirement benefits, life insurance, disability income benefits, and death benefits. Kansas law
establishes and amends benefit provisions. KPERS and KP&F issue a publicly available financial
report that includes financial statements and required supplementary information. Those reports may
be obtained by writing to KPERS (61 1 S. Kansas, Topeka, KS 66603-3803) or by calling 1-888-275-
5737.
Fundinn Policv - K.S.A. 74-1919 establishes the KPERS member-employee contribution rate at 4% of
covered salary. K.S.A. 74-4975 establishes the KP&F member-employee contribution rate at 7% of
covered salary. The employer collects and remits member-employee contributions according to the
provisions of Section 414(h) of the Internal Revenue Code. State law provides that the employer
contribution rates be determined annually based on the results of an annual actuarial valuation.
KPERS and KI?&F are funded on an actuarial reserve basis. State law sets a limitation on annual
increase in the employer contribution rates. The KPERS employer rate established for calendar year
2002 was 3.22% (average rate). The City's employer contributions to KPERS for the years ending
December 31,2002,2001 and 2000 were $108,336, $85,402 and $80,723, respectively, equal to the
required contributions for each year. The KP&F uniform employer rate established for fiscal years
beginning in 2002 was 6.79%. Employers participating in KP&F also make contributions to amortize
the liability for past service costs, if any, which is determined separately for each participating
employer. The City's contributions to KP&F for the years ending December 3 1,2002,2001, and 2000
were $237,424, $242,066, and $243,663, respectively, equal to the required contributions for each
year.
24
NOTES TO FINANCJAL STATEMENTS
December 3 1,2002
6. DEFINED BENEFIT PENSION PLANS (Continued)
Other Pension Plans - In addition to participating in Kansas Public Employees Retirement System, the
City maintains an additional pension plan - Policemen's and Firemen's Pension. This plan was
established in 1947 to provide benefits for policemen and fuemen (and suniving spouses) who retired
prior to the City's participation in KP&F. Pension benefits paid during the year ended December 3 1,
2002 were $1 1,323 under the plan. The plan will be phased out upon the deaths of the participants.
At December 3 1,2002, three surviving spouses were still receiving benefits from the plan. During
1996, an actuarial computation was performed to determine the amount necessary to fund the pension
benefit obligation of the plan. This amount, $140,000, was transferred to a pension trust fund from the
general fund to pay bture benefits under the plan.
7. DEFERRED COMPENSATION PLAN
The City offers its employees a deferred compensation plan created in accordance with Internal
Revenue Code Section 457. The plan, available to all City employees, permits them to defer a portion
of their salary until future years. The deferred compensation is not available to employees until
termination, retirement, death, or unforeseeable emergency. Assets of the plan, valued at current
market prices, are held in trust for the benefit of the participants.
All amounts of 'compensation deferred under the plan as well as earnings attributable to those amounts,
are solely the property of the participant employees. Accordingly, the assets and related liabilities for
the plan are not recorded in the accompanying financial statements.
8. rNTERRTND TRANSFERS
Transfer To
Special Debt
General Revenue Senice Enternrise
Transfer From
Operating transfer:
General $ - 397,450 - -
Special revenue 5 14,572 55,492 138,804 7,000
Enterprise 340,000 127,000 257,668 -
Internal service - 3 1.885 - -
December 3 1,2002
Interfund receivable/payablebalances as of December 3 1,2002 are as follows:
Interfund Interfund
Receivables Pavables
Capital project funds:
Sewer improvements
Street improvements
Water improvements
Building inrprovements
Downtown project
Airport projects
Sand Creek: restoration
Sky Tile project
Golf Course
Special revenue funds:

Capital improvement
Municipal equipment
December 3 1,2002
10. BUDGETARY DATA
As described in Note 1, the actual data presented in the budgetary comparison statements differs
fkom the data presented in accordance with accounting principles generally accepted in the United
States of America (GAAP). The following reconciliations are presented to provide a correlation
between the different bases of reporting:
Special Debt
General Revenue Service
Fund Funds Fund
Revenue and other sources:
December 3 1,2002 GAAP
basis revenue $ 8,320,120 2,279,s 13 1,198,947
Eliminate non-budgeted funds - ( 184,152) -
Eliminate reimbursement grants
eligible for budget credit ( 35,418) -
(Increase) decrease in accrued
revenue . ( 48,49 1) ( 3,197) -
Transfers in 854.572 - 396,472
December 3 1,2002 budgetary

basis revenue $9,090,783 1,595,419
Expenditures and other uses:

basis expenditures $ 8,979,407 1,631,964
Eliminate non-budgeted funds - -
Increase (decrease) in inventory - -
Eliminate reimbursed grant expenditures ( 35,418) -
Increase (decrease) in encumbrances ( 184,079) -
Transfers out 397,450 -

basis expenditures $ 9,157,360
Kansas statutes require that budgets be legally adopted for all proprietary h n d types unless
specifically exempted by statute. As is more fully disclosed in Note 1, proprietary fund budgets are
prepared on a basis of accounting that differs from the accrual basis required by generally accepted
accounting principles. Actual operations compared to budgeted operations for legally budgeted
proprietary funds are as follows:
December 3 1,2002
10. BUDGETARY DATA (Continued)

Variance
Favorable
Budget Actual (Unfavorable)
Enternrise F u e :
Revenues:
Service fees $4,995,000 5,343,413 348,413
Use of money and property 10,000 6,598 ( 3,402)
Transfer in - 7,000 7,000
Other 75.845 25.607 ( 50.238)
Total revenues 5,080,845 5,382,618 301.773
Expenditurts and other uses:

Personal services 2,236,948 2,188,108 48,840
Contractual services l,6O 1,265 lY4O2,O19 199,246
Commodities 309,102 330,614 ( 21,512)
Principal and interest 557,744 534,100 23,644
Capital outlay 476,3 19 256,372 2 19,947
Transfers out 539.379 724.668 (1 85,289)
Total expenditures and other uses 5.720.757 5.435.881 284.876

expenditures and other uses $ ( 639,912) ( 53,263) 586.649
Reconciliation to GAPS basis

net income::
Capital contributions 112,953
Depreciation and amortization ( 8 19,543)
Capitalized assets, fiom enterprise sources 205,457
Principal payments on debt 290,207
Accounts and other receivables
December 3 1,2002 507,250
December 3 1,2001 ( 498,407)
Inventory
December 3 1,2002 38,613
December 3 1,200 1 ( 7 1,933)
December 3 1,2002 ( 9 1,900)
December 3 1,200 1 88,300
Encumbrances
December 3 1,2002 65,005
December 3 1,2001 ( 55,052)
Net income (loss), GAAP basis S W )

December 3 1,2002

Variance
Favorable
Internal Service Fund:
Revenues:
Rental $ 54,540 54,583 43
Reimbursed expenses 419.000 337.742 (8 1-25 8)
Total revenues 473.540 392.325 (81.215)
Expenditures:
Personal services 94,694 99,524 ( 4,830)
Contractual services 66,320 43,369 22,95 1
Commodities 277,200 239,246 37,954
Capital outlay 49,000 17,115 3 1,885
Transfers out 3 1.885 (3 1.885)
Total expenditures 431.139 56.075
Excess of revenues over (under)
expenditures ( 38,814) (25,140)
Reconciliation to GAAP basis net income:
Depreciation ( 20,955)
Capitalized assets, from internal service sources 17,115
Inventory
December 3 1,2002 61,287
December 3 1,2001 ( 49,324)
Net income (loss) from non-budgeted
internal senice, fund-health benefits 75.025
Net income (loss), GAAJ? basis $ 44,334
Deficit Fund Balances - The following capital project h d s had a deficit fund balance at December 3 1,
2002:
Deficit
Project Balance
Street and Bridge Improvements $ 985,488
Sewer Improvements 627,998
Water Department Improvements 262,14 1
Building projects 739,7 13
Downtown Project 24,635
Airport Improvements 657,227
. Sand Creek Restoration 149,195
Sky Tile Project 184,958
Golf Course 10.000
$3.641.355
The deficit balance in these project funds will be eliminated upon the issuance of bonds in
succeeding years.
C ~ t of
y Newton, Kansas
NOTES TO FINANCLAL STATEMENTS
December 3 1,2002
11. COMMUNITY DEVELOPMENT FUND
Restricted Assets - Restricted assets consist of cash and investments of $263,213 restricted for the
Community Development Rehabilitation Loan program
Rehabilitation Loan Program - In 1984, the City of Newton received a Community Development
Block Grant from the Department of Housing and Urban Development (HUD) for the purpose of
establishing a low-income housing rehabilitation loan program.
Idle program funds remain in an interest-bearing account. When loans are repaid, the proceeds may
be used for additional loans, other community development projects, or remain in the fund.
Rehabilitation and development loans outstanding at December 3 1,2002 were $60,990. No

interest is being charged on the outstanding loans.
12. COMMITMENTS AND CONTINGENClES
Liti~ation- The City is a defendant in various lawsuits. Although the outcomes of these lawsuits
are not presently determinable, in the opinion of the City Attorney, the resolution of these matters
will not have a material adverse effect on the City's financial statements.
Federal Gram - In the normal course of operations, the City receives grant funds froin various
Federal and State agencies. The grant programs are subject to audit by agents of the granting
authority, the purpose of which is to ensure compliance with conditions precedent to the granting of
funds. Any liability for reimbursement that may arise as the result of these audits is not believed to
be material.
13. RISK MANAGEMENT AND CLAIMS
Property, Liabilitv and Employee Life Insurance
Losses under these programs are covered by commercial insurance policies, subject to deductibles
in some cases. There have been no significant reductions in insurance coverage for these programs
and settlement amounts have not exceeded insurance coverage for the current year or the three prior
years.
Workers' Compensation Coverage
The City is a member of the Kansas Municipal Insurance Trust Workers' Compensation Pool (the
Pool) for purposes of workers' compensation coverage. This program is similar to commercial
insurance coverage because the Pool is liable for all claims. The City contributes to the Pool at the
beginning of each coverage period based on experience and payroll factors. The City records a
liability for estimated additional contributions that may be incurred because of adjustments made by
the Pool. The cost of this workers' compensation coverage is charged to City funds based on
payroll expenditures.
December 3 1,2002
13. RISK MANAGEMENT AND CLAIMS (Continued)
Emplovee Health Care Benefits
During the year ended December 3 1,2002 employees of the City were covered by the City of
Newton Medical Benefits Plan (the Plan). Under the Plan, the City retains a significant portion of
the risk of loss for employee health benefits. Claims are paid by a third-party administrator acting
on behalf of the City. The administrative contract between the City and the third-party
administrator is renewable annually. Administrative fees and stop-loss premiums are included in
the contractual provisions.
The City is protected against catastrophic loss by stop-loss coverage carried through a commercial
insurance carrier. Stop-loss coverage is in effect for individual claims exceeding $50,000 and for
aggregate loss, which is based on a factor determined monthly by the insurer.
The risk management activities under the Plan are recorded in the Health Benefit Risk Management
Fund. Using the actuarial method, the City charges the cost of estimated benefits to funds in
relation to personal services expenditures. An estimated liability is recorded for claims against the
Plan that have been incurred but not yet reported at year end. The following represents the changes
in the liability for unreported claims under the plan for 2002 and 200 1:
Liability balance, beginning

Health benefit claims incurred
Add premiums and fees
Less stop-loss reimbursed
Total costs incurred
Less claims paid
Less premiums and fees paid
Liability balance, ending
14. CONDUIT DEBT OBLIGATIONS

I
From time to time, the City has issued Industrial Revenue Bonds to provide financial assistance to
private-sector entities for the acquisition and construction of industrial and commercial facilities
deemed to be in the public interest. The bonds are secured by the property financed and are payable
solely fiom payments received on the underlying mortgage loans. Upon repayment of the bonds,
ownership of the acquired facilities transfers to the private-sector entity served by the bond
issuance. Neither the City, the State, nor any political subdivision thereof is obligated in any
manner for repayment of the bonds. Accordingly, the bonds are not reported as liabilities in the
accompanying financial statements. At December 3 1,2002, seventeen City-issued Industrial
Revenue bond issues were outstanding with a total balance of approximately $33,O9 1,736.
December 3 1,2002
JOINT VENTURE - PUBLIC WHOLESALE WATER SUPPLY DISTRICT NO. 17
Descri~tionof the Entitv
During 1997, the City of Newton entered into an agreement with the cities of Halstead, North
Newton and Sedgwick to form the Public Wholesale Water Supply District No. 17 (the District). The
purpose of the Ilistrict is to secure an additional water supply for sale to member cities and other
potentialcustorrlers. The City of Newton has contributed $40,000 in capital to the District in
exchange for a 40% share in equity. Because of the nature of the operations of the District, this
investment has been recorded within the City's Waterworks enterprise fund.
Separate financial statements for the District can be obtained from the District's office located at the
City of Newton administrationbuilding (201 East Sixth, Newton, Kansas 67114-0426).
Commitments and Contingencies
During 2001, the District completed construction of the water distribution system and began selling
water to member cities. In order to purchase water rights and construct the water distribution
system, the District has obtained a low interest loan through the Kansas Rural Water Finance
authority. The balance of this loan was $3,223,097 at December 3 1,2002. In the event that the
District terminates or otherwise fails to meet debt service requirements on this loan, the member cities
are required to tender their share of the deficiency based on percentages specified in the organization
agreement.
Financial Section
Supplemental Infbrmation
GENERAL FUND
General Fund - All resources associated with government not

required by law or sound financial management to be
accounted for in another fund.
SCHEDULE OF BUDGETARY ACCOUNTS
(Nan-GAAP Basis)
GENERAL FUND
Variance
Favorable
Revenues and other sources:
Taxes $ 6,141,181 6,080,107 (61,074)
Intergovernmental 155,136 92,l15 (63,021)
License and permits 11 1,300 171,388 60,088
Charges for services 1,122,650 1 ,26O,431 137,781
Fines, forfeitures and penalties 400,000 417,827 17,827
Use of money 285,375 141,684 (143,691)
Other 23,200 72,659 49,459
Transfers in 916,190 854,572 (61,618)
Current:
General government
Public safety
Highway and streets
Parks and cemeteries
Capital outlay
Transfers out
Excess (deficiency) of revenues over (under)
Unencumbered cash, beginning
Unencumbered cash, ending
SPECIAL REVENUE FUNDS
Airport Fund Operation of municipal airport.
Library Fund Funding for the operation of the municipal

library.
Special Parks and Recreation Fund State shared tax for parks and recreation.
Special Alcohol Programs Fund State shared tax for prevention or neatrnent
of alcohol and drug abuse.
Special Liability Fund Tax levy for liability insurance.
Tourism and Convention Promotion Fund Funding for promotion of tourism and
conventions.
Special Highway Fund State gas tax monies allocated for street
maintenance.
Capital improvement A reserve fund used for capital improvements.
Community Development Fund Federal block grants, including housing

rehabilitation loan and other programs.
Municipal Equipment Reserve A reserve fund used for equipment purchases.

CITY OF NEWTON, KAhrSAS
-
COMBINING BALANCE SHEET ALL SPECIAL REVENUE FUNDS
December 31,2002
Special Special Tourism &

Parks & Alcohol Special Convention Special
Airport Library Recreation Promam Liabilitv Promotion Highway
ASSETS
Receivables:
Taxes
Other
Inventory
Restricted assets:
Cash
Total assets
LIABILITIES AND
FUND BALANCE
Accounts payable
Deferred revenue
Total liabilities
Fund balance:
Reserved for community
development
Reserved for encumbrances
Unreserved:
Designated for subsequent
year's budget
Undesignated
Total fund balance
Total liabilities
and fund balance
Municipal Total
Capital Community Equipment Primary
Improvement Development Reserve Government
COMBINING STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN
FUND BALANCE - ALL SPECIAL REVENUE FUNDS .

Airport Library Recreation Promm Liability Promotion Highwav
Revenues:
Taxes
Intergovernmental
Fines, forfeitures
and penalties
Use of money and
property
Other
Total revenues
Expenditures:
Personal services
Commodities
Capital outlay
Total expenditures
expenditures
Other financing
sources (uses):
Revenues and other

sources over (under)
Fund balance,
Fund balance,
end of the year
Municipal Total
(Non-GAAP Basis)
AIRPORT FUND
Year ~ n d e dDecember 31,2002
Variance
Favorable
Actual (Unfavorable)
Taxes
Intergovernmental
Fuel sales
Other
Personal services
Commodities
Capital outlay
Transfers out
(Non-GAAP Basis)
LIBRARY FUND
Variance
Favorable
Budnet Actual Wnfavorable)
Taxes $ 511,273 5 11,823 550
(Non-GAAP Basis)
SPECJAL PARKS AND RECREATION FUND

Variance
Favorable
Budget Actual vnfavorable)
Taxes (1,307)
Contractual services 1,307
(Non-GAAP Basis)
SPECIAL ALCOHOL PROGRAMS FUND

Variance
Favorable
Budnet Actual /Unfavorable)
Taxes
(Non-GAAP Basis)
SPECIAL LIABILITY FUND

Variance
Favorable
Taxes
40
SCHEDULE OF BUDGETARY ACCOUFXS
(Non-GAAP Basis)
TOURISM AND CONVENTION PROMOTION FUND

Variance
Favorable
Budget Actual pnfavorable)
Taxes
Transfers out
(Non-GAAP Basis)
SPECIAL HIGHWAY FUND
Variance
Favorable
Budget Actual fUnfavorablel
Intergovernmental
Transfers out
crnr OF NEWTON, KANSAS
DEBT SERVICE FUND
Bond & Interest Fund - Accumulation of resources for and

the payment of interest and principal
on general obligation bonds (including
special assessment bonds).
(Non-GAAP Basis)
BOND AND INTEREST FUND
Variance
Favorable
Intergovernmental
Transfers in
Other
Debt service:
Principal
Interest
Fees and commissions
CAPITAL PROJECT FUNDS
Various Capital Project Funds - Construction or reconstruction of various

City projects and purchase of City equipment.
COhlBINING BALANCE SHEET - ALL CAPITAL PROJECT FUNDS
December 31,2002
Sewer Street Water Dept. ~ u i l d i n ~Down

Improve- Improve- Improve- Improve- Town Airport
ments ments ments ments Proiect Projects
ASSETS
Cash,
including investments
Receivable from other
governments
Total assets
LIABILITIES AND
FUND BALANCE
Accounts payable
Due to other funds
Total liabilities
Fund balance
Total liabilities
and fund balance
Sand
Creek sky Golf
Restoration Tile Course
FUND BALANCE - ALL CAPITAL PROJECT FUh?)S
Sewer Street Water Dept Building Down

Improve- Improve- Improve- Improve- Town Airport
-
ments ments ments ments Proiects Proiects
Revenues:
Special assessment taxes
Intergovernmental
Other
Total revenues
Expenditures:
Capital outlay:
General government
Public works
Highway & streets
Culture & recreation
Airport
Other
Total expenditures

expenditures
Fund balance,
I
Fund balance,
end of the year
Sand
Creek sky Golf
Restoration -
Tile Course
CITY OF NEWTON, I(AhTSAS
CAPITAL PROJECT FVf?DS

SCHEDULE OF PROJECT AUTHORIZATIONS ANT, EXPENDITURES
Authorization
Expenditures in Excess of
Project 2001 and Expenditures
Authorization -
Prior -
2002 -
Total 12-31-02
Sewer Improvements $ 1,065,727 136,126 493,253 629,379 436,348
Street Improvements 7,823,740 4,250,599 783,083 5,033,682 2,790,058
Water Dept. Improvements 52 1,720 97,406 164,735 262,141 259,579
Building Improvements 2,161,193 290,282 945,175 1,235,457 925,736
Airport Projects 4,219,844 1,709,167 1,259,515 2,968,682 1,251,162
Downtown Project 387,000 365,554 17,400 382,954 4,046
Sand Creek Restoration 6,500,000 146,615 2,580 149,195 6,350,805
Sky Tile Project 212,000 - 184,958 184,958 27,042
Golf Course 55,000 - 10,000 10,000 45,000
CJTY OF NEWTON, KANSAS
ENTERPRISE FUNDS
Sewer Fund - Operation of sewer utility, including the

collection and treatrnent of wastewater.
Sanitation Fund - Operation of refuse utility, including the

collection and disposal of solid waste.
Water Fund - Operation of municipal water utility, including

the water supply, treatment and distribution.
COMBINING BALANCE SHEET - ALL ENTERPRISE FUNDS
December 31,2002
Sewer Sanitation Waterworks Total

ASSETS
Accounts receivable
Interest receivable
Inventories
Restricted assets:
Cash
Property, plant and equipment,
net of accumulated depreciation
Bond issue costs, net of amortization
Total assets
LIABILITIES AND FUND EQUITY

Accounts payable
Accrued compensated absences
Revolving fund loans payable
Revenue bonds payable, net of
unamortized refunding costs
Total liabilities
Fund equity:
Contributed capital:
Government
Federal grants
Other
Retained earnings:
Reserved for revenue bond
retirement
Reserved for water conservation
projects
Unreserved
Total fund equity
Total liabilities
and fund equity
COMBINING STATEMENT OF REVENUES, EXPENSES AND CHANGES IN FUND EQUITY
- ALL ENTERPRISE FUNDS

Operating revenues:
Service fees
0ther
Total revenues
Operating expenses:
General operations 1,121,656 994,161 835,606 2,95 1,423
Production - - 491,014 491,014
Transmission and distribution - - 552,586 552,586
Depreciation and imortization 506,703 64,864 227,795 799,362
Total expenses 1,628,359 1,059,025 2,107,001 4,794,385
Operating income (loss) 31,035 (133,194) 682,699 580,540
Interest income
Interest expense
Transfer from other funds
Net income (loss)
Fund equity,
Fund equity,
end of the year
CITY OF NEWTON, KANSAS '
COMBINING STATEMENT OF CASH FLOWS

Sewer Sanitation Waterworks

Operating income (loss) $ 31,035 (133,194) 682,699
provided by (used in) operating
activities:
Depreciation and amortization 506,703
liabilities:
Accounts receivable (15,438)
Due from other funds -
Due fiom other governments -
Inventories -
Accounts and other payables 8.480
activities
Cash flows fiom non-capital
Operating transfer fiorn other funds
Proceeds from long-telm debt issued
Long-term debt payments:
Principal paid
Interest paid
Contributed capital
Cash flows from investing
activities:
Net cash from investing activities
SCEIEDULE OF BUDGETARY ACCOUNTS
(Non-GAAP Basis)
SEWER FUND
Variance
Favorable
Budaet Actual jUnfavorable)
Service fees
Use of money
Other
Transfers in
Personal services
Commodities
Principal and interest
Capital outlay
Transfers out

(Non-GAAP Basis)
SANITATION FUND
Variance
Favorable
Refuse collection
Other
Expenditures and othtx uses:
Personal services
Contractual service:;
Commodities
Capital outlay
Transfers out
Total expenditure:; and other uses
SCKEDULE O F BUDGETARY ACCOUNTS
@on-GAAP Basis)
WATERWORKS REVENUE FUND

Variance
Favorable
Budnet Actual flnfavorable)
Service fees
Use of money
Other
Personal services
Commodities
Capital outlay
Transfers out
crry OF NEWTON, KANSAS
INTERNAL SERVICE FUNDS
Health Benefits
Risk Management Fund - Risk management of employee health care benefits
through self-insurance and high-deductible
premiums.
Stores and Maintenance Fund - Operation of shop and service center.

COMBINING BALANCE SHEET - ALL INTERNAL SERVICE FUNDS
Health
Benefits Risk Stores and
Mana~ement Maintenance Total
ASSETS
Inventories
Total assets

Accounts payable
Payable for unreported claims
Total liabilities
Fund equity:
Government
Retained earnings:
Unreserved
Total find equity
Total liabilities
and fimd equity
CITY OF NEWTON,
COMBINING STATEMENT OF REVENUES, EXPENSES AND CHANGES
-
IN FUND EQUITY ALL INTERNAL SERVICE FUNDS
Health
Management Maintenance -
Total
Operating revenues:
Rental
Reimbursed expenses
Health benefikchiqed. to other funds
Total revenues
Operating expenses:
General operations
Total expenses

Capital contributions and transfers:
Transfers to other finds
Net income (loss)

Fund equity,
Fund equity,
end of the year

- ALL INTERNAL SERVICE FUNDS
Health
Management Maintenance
activities:
Changes in operating assetsand
liabilities:
Inventories
Unreported claims payable
activities
Cash flows from non-capital
Operating transfer to other b d s
Contributed capital
(Non-GAAP Basis)
STORES AND MAINTENANCE FUND

Variance
Favorable
Rental
Reimbursed expenses
Personal services
Commodities
Capital outlay
Transfers out
FIDUCIARY FUNDS
Police and Fire Pension - Pension trust fund to account for benefits paid or
payable to 3 s u n i ~ i n g
police and fire retirees who
retired prior to the City's participation in the State-
Sponsored Plan (KP&F).
Special Law Enforcement - Receipt of drug forfeiture proceeds to be expended

for law enforcement purposes.
Cemetery and Mausoleum - Trust funds for maintenance and improvements to

Cemetery and Mausoleum.
COMBINING BALANCE SHEET - ALL FIDUCIARY FUNDS
December 31,2002
Pension Trust Expendable Trust Combined

Cemetery Total - All
Police & Special Law and Fiduciary
Fire Pension Enforcement Mausoleum Funds
ASSETS
Cash, including
investments
Interest receivable
Total assets
LIABILITIES AND
FUND BALANCE
Accounts payable
Total liabilities
Fund balance:
Reserved for encurnbrarices
Reserved for perpetual
care
Reserved for retirement
benefits
Unreserved
Total fund balance
Total liabilities
and fund balance
COMBINING STATEMEKT OF REVENUES,EXPENDITURES

-
AND CHANGES IN FUND BALmCES ALL EXPENDABLE TRUST FUNDS
Cemetery
Special Law and
Enforcement Mausoleum
Revenues:
Grants and other
Sale of cemetery lots
Total revenues
Expenditures:
Contractual
Capital outlay
Total expenditures
Revenues over (under) expenditures

Fund balance, end of the yea.

GENERAL FIXED ASSETS
The general fixed asset account group is used to maintain control and cost information on capital
assets owned by the City, other than those of the proprietary funds.
SCHEDULE OF GEPERAL FIXED ASSETS - BY SOURCE
December 31,2002
General fixed assets:

Land
Equipment
Total general fixed assets
Investment in general fmed assets by source:

Assets acquired prior to January 1,1989
Assets acquired after December 3 1, 1988
General fund
Special revenue funds
Capital project finds
Total investment in general fvred assets
SCHEDULE O F GENERAL FIXED ASSETS
- BY FUNCTION AND ACTIVITY
December 31,2002
Construction
Function and Act- Land Buildings Equipment in Promess -
Total
General government:
Administration
Court
Engineering
Total general government
Public Safety:
Police
Fire / EMS
Total public safety
Highway and streets:

Streets
Culture and recreation:

Library
Parks and Cemeteries
Activity Center
Total culture and recreation
Other
Airport

SCHEDULE OF CHANGES IN GENERAL FIXED ASSETS
General General
Fixed Assets Fixed Assets
Function and Activity 12-31-01 Additions Deletions 12-31-02'
General government:
Administration
Municipal court
Engineering
Public Safety:
Police
Fire / EMS
Total public safety

Streets

Library
Activity Center
Other
Airport

-
A
APPENDIX C
SUMMARY OF FINANCING DOCUMENTS

The following is a summary of certain provisions contained in the Bond Resolution authorizing the issuance of the
Series 2004-A Bonds, the Bond ~esolutionauthorizing the issuance of the Series 2004-B Bonds and the Continuing
Disclosure Instructions. This summary does not purport to be complete and is qualified by reference to the entirety of the
foregoing documents.
THE SERIES 2004-A BOND RESOLUTION
DEFINITIONS
In addition to words and terms defined elsewhere in this Official Statement, the following words and terms as used
herein shall have the meanings hereinafter set forth. Unless the context shall otherwise indicate, words importing the singular
number shall include the plural and vice versa, and words importing persons shall include firms, associations and corporations,
including public bodies, as well as natural persons.
"Act" means the Constitution and statutes of the State of Kansas including K.S.A. 10-101 to 10-125, inclusive,
K.S.A. 10-620 et seq. and K.S.A. 12-6a01 et seq., K.S.A. 12-685 et seq., K.S.A. 12-1736 et seq., K.S.A. 13-1024a, as
amended by Charter Ordinance No. 35 of the City and K.S.A. 65-163d through 65-163u, as amended and supplemented.
"Arbitrage Instructions" means the Arbitrage Instructions attached to the Issuer's Federal Tax Certificate dated as
of the Issue Date, as the same may be amended or supplemented in accordance with the provisions thereof.
"Authorized Denomination" means $5,000 or any integral multiples thereof, except one Bond in denomination of
$8,000 (or such amount added to $5,000 or an integral multiples thereof).
"Beneficial Owner" of the Bonds includes any Owner of the Bonds and any other Person who, directly or
indirectly has the investment power with respect to such Bonds.
"Bond and Interest Fund" means the Bond and Interest Fund of the Issuer for its general obligation bonds.
"Bond Counsel" means the firm of Gilmore & Bell, P.C., or any other attorney or fm of attorneys whose expertise
in matters relating to the issuance of obligations by states .and their political subdivisions is nationally recognized and
acceptable to the Issuer.
"Bond Insurance Policy'' means the financial guaranty insurance policy issued by the Bond Insurer on the date of
delivery of and payment for the Bonds guaranteeing the scheduled payment when due of the principal of and interest on the
Bonds as provided therein.
"Bond Insurer" means MBIA with respect to the Bonds.
"Bond Payment Datev'means any date on which principal of or interest on any Bond is payable.
"Bond Purchase Agreement'' means the Bond Purchase Agreement between the Issuer and the Purchaser.
"Bond Register" means the books for the registration, transfer and exchange of Bonds kept at the office of the
Bond Registrar.
"Bond Registrar" means the State Treasurer, and its successors and assigns.
"Bond Resolution" means jointly the Ordinance passed by the governing body of the Issuer and the resolution
adopted by the governing body of the Issuer authorizing the issuance of the Bonds, as amended from time to time.
"Bonds" means the General Obligation Bonds, Series 2004-A, authorized and issued by the Issuer pursuant to the
Bond Resolution.
"Business Day" means a day other than a Saturday, Sunday or any day designated as a holiday by the Congress of
the United States or by the Legislature of the State and on which the Paying Agent is scheduled in the nonnal course of its
operations to be open to the public for conduct of its operations.
"Cede & Co." means Cede & Co., as nominee of DTC and any successor nominee of DTC with respect to
the Bonds.
"City" means the City of Newton, Kansas.
"Clerk" means the duly appointed andlor elected Clerk or, in the Clerk's absence, the duly appointed Deputy Clerk
or Acting Clerk of the Issuer.
"Code" means the Internal Revenue Code of 1986, as amended, and the applicable regulations promulgated
thereunder of the United States Department of the Treasury.
"Consulting Engineer" means an independent engineer or engineering firm, or architect or architectural firm,
having a favorable reputation for skill and experience in the construction, financing and operation of public facilities, at the
time employed by the Issuer for the purpose of carrying out the duties imposed on the Consulting Engineer by the Bond
Resolution.
"Costs of Issuance" means all costs of issuing the Bonds, including but not limited to all publication, printing,
signing and mailing expenses in connection therewith, registration fees, financial advisory fees, all legal fees and expenses of
Bond Counsel and other legal counsel, expenses incurred in connection with compliance with the Code, all expenses incurred
in connection with receiving ratings on the Bonds, and any premiums or expenses incurred in obtaining municipal bond
insurance on the Bands.
"Costs of Issuance Account" means the account by that name created by the Bond Resolution.
"Dated Date" means September 1,2004.
"Debt Service Account" means the account by that name (within the Bond and Interest Fund) created by the
Bond Resolution.
"Debt Service Requirements" means the aggregate principal payments (whether at maturity or pursuant to
scheduled mandatory sinking fund redemption requirements) and interest payments on the Bonds for the period of time for
which calculated; provided, however, that for purposes of calculating such amount, principal and interest shall be excluded
from the determination of Debt Service Requirements to the extent that such principal or interest is payable from amounts
deposited in trust, escrowed or otherwise set aside for the payment thereof with the Paying Agent or other commercial bank
or trust company located in the State and having full trust powers.
"Defaulted Interest" means interest on any Bond which is payable but not paid on any Interest Payment Date.
"Defeasance Obligations" means any of the following obligations:
(a) United States Govemment Obligations that are not subject to redemption in advance of their maturity dates;
(b) evidences of ownership of proportionate interests in future interest and principal payments on United States
Government Obligations held by a bank or trust company as custodian, under whch the owner of the investment is the real
party in interest and has the right to proceed directly and individually against the obligor and the underlying United States
Government Obligations are not available to any person claiming through the custodian or to whom the custodian may be
obligated; or
(c) obligations of any state or political subdivision of any state, the interest on which is excluded from gross
income for federal income tax purposes and which meet the following conditions:
(1) the obligations are (i) not subject to redemption prior to maturity or (ii) the trustee for such
obligations has been given irrevocable instructions concerning their calling and redemption and the issuer of such
obligations has covenanted not to redeem such obligations other than as set forth in such instructions;
(2) the obligations are secured by cash or United States Government Obligations that may be applied
only to principal of, premium, if any, and interest payments on such obligations;
(3) such cash and the principal of and interest on such United States Government Obligations (plus
any cash in the escrow fund) are sufficient to meet the liabilities of the obligations;
(4) such cash and United States Government Obligations serving as security for the obligations are
held in an escrow fund by an escrow agent or a trustee irrevocably in trust;
(5) such cash and United States Government Obligations are not available to satisfy any other claims,
including those against the trustee or escrow'agent; and
(6) the obligations are rated in the highest rating category by Moody's (presently "Aaa") or Standard
& Poor's (presently "AAA").
"Derivative" means any investment instrument whose market price is derived from the fluctuating value of an
underlying asset, index, currency, futures contract, including futures, options and collateralized mortgage obligations.
"Disclosure Instructions" means the Continuing Disclosure Instructions dated as of the Issue Date, attached to the
Issuer's Closing Certificate relating to certain obligations contained in the SEC Rule.
"DTC" means The Depository Trust Company, New York, New York.
"Event of Default" means each of the following occurrences or events:
(a) Payment of the principal and of the redemption premium, if any, of any of the Bonds shall not be made
when the same shall become due and payable, either at Stated Maturity or by proceedings for redemption or otherwise; or
(b) Payment of any installment of interest on any of the Bonds shall not be made when the same shall become
due;
(c) The Issuer shall default in the due and punctual performance of any other of the covenants, conditions,
agreements and provisions contained in the Bonds or in the Bond Resolution (other than the covenants relating to continuing
disclosure) on the part of the Issuer to be performed, and such default shall continue for thuty (30) days after written notice
specifying such default and requiring same to be remedied shall have been given to the Issuer by the Owner of any of the
Bonds then Outstanding; or
(d) A final decree of bankruptcy shall have been entered against the Issuer by a United States Bankruptcy
Court of competent jurisdiction.
"Fiscal Year" means the twelve month period ending on December 3 1.
"Funds and Accounts" means funds and accounts created by or referred to in the Bond Resolution.
"Improvement Fund" means the fund by that name created in the Bond Resolution.
"Improvements" means the improvements referred to in the preamble to the Ordinance.
"Independent Accountant" means an independent certified public accountant or firm of independent certified
public accountants at the time employed by the Issuer for the purpose of carrying out the duties imposed on the Independent
Accountant by the Bond Resolution.
"Insurance Paying Agent" means U.S. Bank Trust National Association, New York, New York, or its successors
under the Bond Insurance Policy, as insurance paying agent.
"Interest Payment Date(s)" means the Stated Maturity of an installment of interest on any Bond which shall be
March 1 and September 1 of each year, commencing March 1,2005.
"Issue Date" means the date when the Issuer delivers the Bonds to the Purchaser in exchange for the
Purchase Price.
"Issuer" means the City and any successors or assigns.
"Maturity" when used with respect to any Bond means the date on which the principal of such Bond becomes due
and payable as therein and in the Bond Resolution provided, whether at the Stated Maturity thereof or call for redemption or
otherwise.
"Mayor" means the duly elected and acting Mayor, or in the Mayor's absence, the duly appointed and/or elected
Vice Mayor or Acting Mayor of the Issuer.
"MBIA" means MBIA Insurance Corporation, Armonk, New York.
"Moody's" means Moody's Investors Service, a corporation organized and existing under the laws of the State of
Delaware, and its successors and assigns, and, if such corporation shall be dissolved or liquidated or shall no longer perform the
functions of a securities rating agency, "Moody's" shall be deemed to refer to any other nationally recognized securities rating
agency designated by the Issuer with notice to the Bond Insurer.
"Outstamding" means, when used with reference to the Bonds, as of a particular date of determination, all Bonds
theretofore, authenticated and delivered, except the following Bonds:
(a) Bonds theretofore canceled by the Paying Agent or delivered to the Paying Agent for cancellation;
(b) Bonds deemed to be paid in accordance with the provisions of the Bond Resolution;
(c) Bonds in exchange for or in lieu of which other Bonds have been authenticated and delivered hereunder;
and
(d) Bonds, the principal or interest of which has been paid by the Bond Insurer.
"Owner" when used with respect to any Bond means the Person in whose name such Bond is registered on the
Bond Register. Whenever consent of the Owners is required pursuant to the terms of the Bond Resolution, and the Owner of
the Bonds, as set forth on the Bond Register, is Cede & Co., the term Owner shall be deemed to be the Beneficial Owner of
the Bonds.
"Participants" means those financial institutions for whom the Securities Depository effects book-entry transfers
and pledges of securities deposited with the Securities Depository, as such listing of Participants exists at the time of such
reference.
"Paying Agent'' means the State Treasurer, and any successors and assigns.
"Permitted Investments" shall mean the investments hereinafter described, provided, however, no moneys or
funds shall be invested in a Derivative: (a) investments authorized by K.S.A. 12-1675 and amendments thereto; (b) the
municipal investment pool established pursuant to K.S.A. 12-1677a, and amendments thereto; (c) direct obligations of the
United States Government or any agency thereof; (d) Intentionally Omitted; (e) interest-bearing time deposits in commercial
banks or trust companies located in the county or counties in whch the Issuer is located which are insured by the Federal
Deposit Insurance Corporation or collateralized by securities described in (c); ( f ) obligations of the federal national mortgage
association, federal home loan banks or the federal home loan mortgage corporation; (g) repurchase agreements for securities
described in (c) or (0;(h) investment agreements or other obligations of a financial institution the obligations of which at the
time of investment are rated in either of the three highest rating categories by Moody's or Standard & Poor's; (i) investments
and shares or units of a money market fund or trust, the portfolio of which is comprised entirely of securities described in (c)
or ( f ) ; 6 ) receipts evidencing ownership interests in securities or portions thereof described in (c) or ( f ) ; (k) municipal bonds
or other obligations issued by any municipality of the State as defined in K.S.A. 10-1101 which are general obligations of the
municipality issuing the same; (1) bonds of any municipality of the State as defined in K.S.A. 10-1 101 which have been
refunded in advance of their maturity and are fully secured as to payment of principal and interest thereon by deposit in trust,
under escrow agreement with a bank, of securities described in (c) or ( f ) ; or (m) other investment obligations authorized by
the laws of the State and approved in writing by the Bond Insurer, all as may be further restricted or modified by amendments
to applicable State law.
"Personm'means any natural person, corporation, partnership, joint venture, association, firm, joint-stock company,
trust, unincorporated organization, or government or any agency or political subdivision thereof or other public body.
"Purchaser" means the financial institution or investment banking fm that is original purchaser of the Bonds.
"Rating Agency" means any company, agency or entity that provides financial ratings for the Bonds.
"Rebate Fund" means the fund by that name created by the Bond Resolution.
"Record Dates" for the interest payable on any Interest Payment Date means the fifteenth day (whether or not a
Business Day) of the calendar month next preceding such Interest Payment Date.
"Redemption Date" when used with respect to any Bond to be redeemed means the date fixed for the redemption
of such Bond pursuant to the terms of the Bond Resolution.
"Redemption Fund" means the fund by that name created in the Bond Resolution.
"Redemption Price" when used with respect to any Bond to be redeemed means the price at which such Bond is to
be redeemed pursuant to the terms of the Bond Resolution, including the applicable redemption premium, if any, but
excluding installments of interest whose Stated Maturity is on or before the Redemption Date.
"Replacement Bonds" means Bonds issued to the Beneficial Owners of the Bonds in accordance with the
Bond Resolution.
"SEC Rule" means Rule 15c2-12 adopted by the Securities and Exchange Commission under the Securities
Exchange Act of 1934, as may be amended fiom time to time.
"Securities Depository" means, initially, DTC, and its successors and assigns.
"Special Record Date" means the date fixed by the Paying Agent for the payment of Defaulted Interest.
"Standard & Poor's" means Standard & Poor's Ratings Services, a Division of the McGraw-Hill Companies, Inc.,
a corporation organized and existing under the laws of the State of New York, and its successors and assigns, and, if such
corporation shall be dissolved or liquidated or shall no longer perform the functions of a securities rating agency, Standard &
Poor's shall be deemed to refer to any other nationally recognized securities rating agency designated by the Issuer with notice to
the Bond Insurer.
"State" means the state of Kansas.
"State Treasurer" means the duly elected Treasurer or, in the Treasurer's absence, the duly appointed Deputy
Treasurer or acting Treasurer of the State.
"Stated Maturity" when used with respect to any Bond or any installment of interest thereon means the date
specified in such Bond and the Bond Resolution as the fixed date on which the principal of such Bond or such installment of
interest is due and payable.
["Term Bonds" means the Bonds scheduled to mature in the year 2024.1
1" Term Bonds" means the Bonds scheduled to mature in the year .]
["2024 Term Bonds" means the Bonds scheduled to mature in the year 2024.1
["Term Bonds" means jointly the -Term Bonds and the 2024 Term Bonds.]
"Treasurer" means the duly appointed andor elected Treasurer or, in the Treasurer's absence, the duly appointed
Deputy Treasurer or acting Treasurer of the Issuer.
"United States Government Obligations" means bonds, notes, certificates of indebtedness, treasury bills or other
securities constituting direct obligations of, or obligations the principal of and interest on which are fully and unconditionally
guaranteed as to full and timely payment by, the United States of America, including evidences of a direct ownership interest
in future interest or principal payment on obligations issued by the United States of America (including the interest
component of obligations of the Resolution Funding Corporation), or securities which represent an undivided interest in such
obligations, which obligations are rated in the highest rating category by a nationally recognized rating service and such
obligations are held in a custodial account for the benefit of the Issuer.
ESTABLISHMENTOF FUNDS
AND ACCOUNTS;
DEPOSITAND APPLICATION
OF BONDPROCEEDS
AND OTHER MONEYS
Creation of Funds and Accounts. Simultaneously with the issuance of the Bonds, there shall be created within the
Treasury of the Issuer the following Funds and Accounts:
C-5
(a) Improvement Fund;
(b) Debt Service Account;
(c) Rebate Fund; and
(d) Costs of Issuance Account.
The above Funds and Accounts shall be administered in accordance with the provisions of the Bond Resolution so
long as the Bonds are Outstanding.
Deposit of Bond Proceeds and Other Moneys. The net proceeds received from the sale of the Bonds and certain
other funds shall be deposited simultaneously with the delivery of the Bonds as follows:
(a) All accrued interest and excess proceeds, if any, received from the sale of the Bonds shall be deposited in
the Debt Service Account.
(b) An amount necessary to pay the costs of issuance shall be deposited in the Costs of Issuance Account.
(c) The remaining balance of the proceeds derived from the sale of the Bonds, together with h d s provided by
the Issuer, shall be deposited in the Improvement Fund.
(d) In addition to proceeds of the Bonds, the Issuer will use available moneys representing special assessments
paid in cash for the Improvements to pay a portion of the costs of the Improvements.
Application of Moneys in the Improvement Fund. Moneys in the Improvement Fund shall be used for the sole
purpose of: (a) paying the costs of the Improvements; (b) paying interest on the Bonds during construction of the
Improvements; and (c) transferring any amounts to the Rebate Fund. Withdrawals from the Improvement Fund shall be made
only when authorized by the governing body of the Issuer. Each authorization for costs of the Improvements shall be
supported by a certificate executed by the Issuer's Director of Finance (or designate) stating that such payment is being made
for a purpose within the scope of the Bond Resolution and that the amount of such payment represents only the contract price
of the property, equipment, labor, materials or service being paid for or, if such payment is not being made pursuant to an
express contract, that such payment is not in excess of the reasonable value thereof. Authorizations for withdrawals for other
authorized purposes shall be supported by a certificate executed by the Issuer's Director of Finance (or designate) stating that
such payment is being made for a purpose within the scope of the Bond Resolution. Upon completion of the Improvements,
any surplus remaining in the Improvement Fund shall be deposited in the Debt Service Account.
Applicatiom of Moneys in the Debt Service Account. All amounts paid and credited to the Debt Service Account
shall be expended and used by the Issuer for the sole purpose of paying the principal or Redemption Price of and interest on
the Bonds as and when the same become due and the usual and customary fees and expenses of the Bond Registrar and
Paying Agent. The Treasurer is authorized and directed to withdraw from the Debt Service Account sums sufficient to pay
both principal or Redemption Price of and interest on the Bonds and the fees and expenses of the Bond Registrar and Paying
Agent as and when the same become due, and to forward such sums to the Paying Agent in a manner which ensures that the
Paying Agent will receive immediately available funds in such amounts on or before the Business Day immediately
preceding the dates when such principal, interest and fees of the Paying Agent will become due. If, through the lapse of time
or otherwise, the Owners of Bonds are no longer entitled to enforce payment of the Bonds or the interest thereon, the Paying
Agent shall return said funds to the Issuer. All moneys deposited with the Paying Agent shall be deemed to be deposited in
accordance with and subject to all of the provisions contained in the Bond Resolution and shall be held in trust by the Paying
Agent for the benefit of the Owners of the Bonds entitled to payment from such moneys. Any moneys or investments
remaining in the Debt Service Account after the retirement of the indebtedness for which the Bonds were issued shall be
transferred and paid into the Bond and Interest Fund.
Payments Due on Saturdays, Sundays and Holidays. In any case where a Bond Payment Date is not a Business
Day, then payment of principal, Redemption Price or interest need not be made on such Bond Payment Date but may be
made on the next succeeding Business Day with the same force and effect as if made on such Bond Payment Date, and no
interest shall accrue for the period after such Bond Payment Date.
Application of Moneys in the Rebate Fund. There shall be deposited in the Rebate Fund such amounts as are
required to be deposited therein pursuant to the Arbitrage Instructions. All money at any time deposited in the Rebate Fund
shall be held in trust, to the extent required to satisfy the Rebate Amount (as defined in the Arbitrage Instructions), for
payment to the United States of America, and neither the Issuer nor the Owner of any Bonds shall have any rights in or claim
to such money.
Application of Moneys in the Costs of Issuance Account. Moneys in the Costs of Issuance Account shall be used
by the Issuer to pay the Costs of Issuance. Any funds remaining in the Costs of Issuance Account, after payment of all Costs
of Issuance, but not later than the later of 30 days prior to the first Stated Maturity of principal or one year after the date of
issuance of the Bonds, shall be transferred to the Improvement Fund until completion of the Improvements and thereafter to
AND INVESTMENT OF MONEYS

DEPOSIT
Deposits. Moneys in each of the Funds and Accounts shall be deposited in a bank, savings and loan association or
savings bank which are members of the Federal Deposit Insurance Corporation and which meet certain guidelines of State
law. All such deposits shall be held in cash or invested in Permitted Investments or shall be adequately secured as provided
by the laws of the State.
Investments. Moneys held in any Fund or Account may be invested in accordance with the Bond Resolution and
the Arbitrage Instructions, in Permitted Investments; provided, however, that no such investment shall be made for a period
extending longer than to the date when the moneys invested may be needed for the purpose for which such fund was created.
All earnings on any investments held in any Fund or Account shall accrue to and become a part of such Fund or Account;
provided that, during the period of construction of the Improvements, earnings on the investment of such funds may be
credited to the Debt Service Account.
DEFAULT
AND REMEDIES
Remedies. The provisions of the Bond Resolution, including the covenants and agreements herein contained, shall
constitute a contract between the Issuer and the Owners of the Bonds. If an Event of Default occurs and shall be continuing,
the Owner or Owners of not less than 10% in principal amount of the Bonds at the time Outstanding shall have the right for
the equal benefit and protection of all Owners of Bonds similarly situated:
(a) by mandamus or other suit, action or proceedings at law or in equity to enforce the rights of such Owner or
Owners against the Issuer and its officers, agents and employees, and to require and compel duties and obligations required
by the provisions of the Bond Resolution or by the Constitution and laws of the State;
(b) by suit, action or other proceedings in equity or at law to require the Issuer, its officers, agents and
employees to account as if they were the trustees of an express trust; and
(c) by suit, action or other proceedings in equity or at law to enjoin any acts or things which may be unlawful
or in violation of the rights of the Owners of the Bonds.
The Paying Agent shall notify the Owners and Bond Insurer of any Event of Default of which it has actual notice.
Limitation on Rights of Owners. The covenants and agreements of the Issuer contained in the Bond Resolution and
in the Bonds shall be for the equal benefit, protection, and security of the Owners of any or all of the Bonds, all of which
Bonds of any series shall be of equal rank and without preference or priority of one Bond over any other Bond in the
application of the Funds and Accounts pledged to the payment of the principal of and the interest on the Bonds, or otherwise,
except as to rate of interest, date of maturity and right of prior redemption as provided in the Bond Resolution. No one or
more Owners secured hereby shall have any right in any manner whatever by h ~ or s their action to affect, disturb or prejudice
the security granted and provided for in the Bond Resolution, or to enforce any right, except in the manner provided in the
Bond Resolution, and all proceedings at law or in equity shall be instituted, had and maintained for the equal benefit of all
Owners of such Outstanding Bonds.
Remedies Cumulative. No remedy conferred upon the Owners is intended to be exclusive of any other remedy, but
each such remedy shall be cumulative and in addition to every other remedy and may be exercised without exhausting and
without regard to any other remedy conferred. No waiver of any default or breach of duty or contract by the Owner of any
Bond shall extend to or affect any subsequent default or breach of duty or contract or shall impair any rights or remedies
thereon.
Control of Remedies By Bond Insurer Upon an Event of Default and Event of h o l v e n c j ~ .Upon the occurrence
and continuance of an Event of Default, the Bond Insurer, provided the Bond Insurance Policy is in full force and effect and the
Bond Insurer shall not be in default thereunder, shall be entitled to control and direct the enforcement of all rights and remedies
granted to the Owners under the Bond Resolution. Any reorganization or liquidation plan with respect to the Issuer must be
acceptable to the Bond Insurer. In the event of any reorganization or liquidation, the Bond Insurer shall have the right to vote
on behalf of all Owners who hold the Bonds insured by the Bond Insurer absent a default by the Bond Insurer under the
applicable Bond Insurance Policy insuring such Bonds.
When any or all of the Bonds, redemption premium, if any, or scheduled interest payments thereon have been paid
and discharged, then the requirements contained in the Bond Resolution and all other rights granted thereby shall terminate
with respect to the Bonds or scheduled interest payments thereon so paid and discharged. Bonds, redemption premium, if
any, or scheduled interest payments thereon shall be deemed to have been paid and discharged within the meaning of the
Bond Resolution if there has been deposited with the Paying Agent, or other commercial bank or trust company located in the
State and having full trust powers, at or prior to the Stated Maturity or Redemption Date of said Bonds or the interest
payments thereon, in trust for and irrevocably appropriated thereto, moneys and/or Defeasance Obligations which, together
with the interest to be earned on any such Defeasance Obligations, will be sufficient for the payment of the principal or
Redemption Price of said Bonds and/or interest accrued to the Stated Maturity or Redemption Date, or if default in such
payment has occurred on such date, then to the date of the tender of such payments. If the amount to be so deposited is based
on the Redemption Price of any Bonds, no such satisfaction shall occur until: (a) the Issuer has elected to redeem such
Bonds, and (b) either notice of such redemption has been given, or the Issuer has given irrevocable instructions, or shall have
provided for an escrow agent to give irrevocable instructions, to the Bond Registrar to give such notice of redemption. The
Issuer shall notify the Bond Insurer of any defeasance of the Bonds.
Notwithstanding anything in the Bond Resolution to the contrary, in the event that the principal and/or interest due
on the Bonds shall be paid by the Bond Insurer pursuant to the Bond Insurance Policy, the Bonds shall remain Outstanding
for all purposes, not be defeased or otherwise satisfied and not be considered paid by the Issuer and the covenants,
agreements and other obligations of the Issuer to the Owners shall continue to exist and shall run to the benefit of the Bond
Insurer, and the Bond Insurer shall be subrogated to the rights of such Owners.
The foregoing provisions shall not be operative unless the Issuer shall cause to be delivered: (a) a report of an
Independent Accountant acceptable to the Bond Insurer verifying the sufficiency of the escrow established to pay the Bonds in
full on the Stated Maturity or Redemption Date, (b) an escrow agreement acceptable in form and substance to the Bond Insurer,
and (c) an opinion of Bond Counsel to the effect that the Bonds are no longer Outstanding under the Bond Resolution; each
report and opinion shall be acceptable in form and substance, and addressed, to the Issuer and the Bond Insurer. In the event of a
forward purchase agreement will be employed in the establishment of such escrow agreement, such agreement shall be subject
to the approval of the Bond Insurer and shall be accompanied by such opinions of counsel as may be required by the Bond
Insurer. The Bond Insurer shall be provided with final drafts of the above-referenced documentation not less than 15 business
days prior to the funding of the escrow.
General Covenants. The Issuer covenants and agrees that it will comply with all applicable provisions of the Code
necessary to maintain the exclusion from gross income for federal income tax purposes .of the interest on the Bonds and it
will not use or permit the use of any proceeds of Bonds or any other funds of the Issuer, will not take or permit any other
action, or fail to take any action, if any such action or failure to take action would adversely affect the exclusion from gross
income of the interest on the Bonds. The Issuer covenants and agrees that it will not use any portion of the proceeds of the
Bonds, including any investment income earned on such proceeds, directly or indirectly, in a manner that would cause any
Bond to be a "private activity bond" within the meaning of Code § 141(a), or to make or finance a loan to any Person other
than the State or a political subdivision thereof.
Rebate Covenants. The Issuer covenants and agrees that it will pay or provide for the payment from time to time all
amounts required to be rebated to the United States pursuant to the Code and the Arbitrage Instructions.
Disclosure Requirements. The Issuer covenants in the Bond Resolution with the Purchaser and the Beneficial
Owners to provide and disseminate such information as is required by the SEC Rule and as further set forth in the Disclosure
Instructions. Such covenant shall be for the benefit of and enforceable by the Purchaser and the Beneficial Owners.
Failure to Comply with Continuing Disclosure Requirements. In the event the Issuer fails to comply in a timely
manner with its covenants contained in the Bond Resolution, the Purchaser and/or any Beneficial Owner may make demand
for such compliance by written notice to the Issuer. In the event the Issuer does not remedy such noncompliance within 10
days of receipt of such written notice, the Purchaser or any Beneficial Owner may in its discretion, without notice or demand,
proceed to enforce compliance by a suit or suits in equity for the specific performance of such covenant or agreement or for
the enforcement of any other appropriate legal or equitable remedy, as the Purchaser and/or any Beneficial Owner shall deem
effectual to protect and enforce any of the duties of the Issuer under such preceding section. The Purchaser or Beneficial
Owner shall provide a copy of any such demand or notice to the Bond Insurer.
Payment Procedure Pursuant to Bond Insurance Policy. As long as the Bond Insurance Policy shall be in full
force and effect, the Issuer and the Paying Agent agree to comply with the following provisions:
(a) In the event that, on the second Business Day, and again on the Business Day, prior to the Bond Payment
Date on the Bonds, the Paying Agent has not received sufficient moneys to pay all principal of and interest on the Bonds due
on the second following or following, as the case may be, Business Day, the Paying Agent shall immediately notify the Bond
Insurer or its designee on the same Business Day by telephone or telegraph, confmed in writing by registered or certified
mail, of the amount of the deficiency.
(b) If the deficiency is made up in whole or in part prior to or on the Bond Payment Date, the Paying Agent
shall so notify the Bond Insurer or its designee.
(c) In addition, if the Paying Agent has notice that any Owner has been required to disgorge payments of
principal or interest on the Bonds to a trustee in Bankruptcy or creditors or others pursuant to a final judgment by a court of
competent jurisdiction that such payment constitutes an avoidable preference to such Owner within the meaning of any
applicable bankruptcy laws, then the Paying Agent shall notify the Bond Insurer or its designee of such fact by telephone or
telegraphic notice, c o n f i i e d in writing by registered or certified mail.
(d) The Paying Agent is hereby irrevocably designated, appointed, directed and authorized to act as attorney-
in-fact for Owners of the Bonds as follows:
(1) If and to the extent there is a deficiency in amounts required to pay interest on the Bonds. the
Paying Agent shall (i) execute and deliver to the Insurance Paying Agent, in form satisfactory to the Insurance
Paying Agent, an instrument appointing the Bond Insurer as agent for such Owners in any legal proceedings related
to the payment of such interest and an assignment to the Bond Insurer of the claims for interest to which such
deficiency relates and which are paid by the Bond Insurer, (ii) receive as designee of the respective Owners (and not
as Paying Agent) in accordance with the terms of the Bond Insurance Policy payment from the Insurance Paying
Agent with respect to the claims for interest so assigned, and (iii) disburse the same to such respective Owners; and
(2) If and to the extent of a deficiency in amounts required to pay principal of the Bonds, the Paying
Agent shall (i) execute and deliver to the Insurance Paying Agent, in form satisfactory to the Insurance Paying
Agent, an instrument appointing the Bond Insurer as agent for such Owner in any legal proceeding relating to the
payment of such principal and an assignment to the Bond Insurer of any of the Bond surrendered to the Insurance
Paying Agent of so much of the principal amount thereof as has not previously been paid or for which moneys are
not held by the Paying Agent and available for such payment (but such assignment shall be delivered only if
payment from the Insurance Paying Agent is received), (ii) receive as designee of the respective Owners (and not as
Paying Agent) in accordance with the terms of the Bond Insurance Policy payment therefor from the Insurance
Paying Agent, and (iii) disburse the same to such Owners.
(e) Payments with respect to claims for interest on and principal of Bonds disbursed by the Paying Agent from
proceeds of the Bond Insurance Policy shall not be considered to discharge the obligation of the Issuer with respect to such
Bonds, and the Bond Insurer shall become the owner of such unpaid Bond and claims for the interest in accordance with the
tenor of the assignment made to it under the provisions of this subsection or otherwise.
(f) Irrespective of whether any such assignment is executed and delivered, the Issuer and the Paying Agent
hereby agree for the benefit of the Bond Insurer that:
(1) They recognize that to the extent the Bond Insurer makes payments, directly or indirectly (as by
paying through the Paying Agent), on account of principal of or interest on the Bonds, the Bond Insurer will be
subrogated to the rights of such Owners to receive the amount of such principal and interest from the Issuer, with
interest thereon as provided and solely from the sources stated in the Bond Resolution and the Bonds; and
(2) They will accordingly pay to the Bond Insurer the amount of such principal and interest (including
principal and interest recovered under subparagraph (ii) of the first paragraph of the Bond Insurance Policy, which
principal and interest shall be deemed past due and not to have been paid), with interest thereon as provided in the
Bond Resolution and the Bond, but only from the sources and in the manner provided herein for the payment of
principal of and interest on the Bonds to Owners, and will otherwise treat the Bond Insurer as the owner of such
rights to the amount of such principal and interest.
Consent ofBond Insurer. Any provision of the Bond Resolution expressly recognizing or granting rights in or to
the Bond Insurer may not be amended in any manner which affects the rights of the Bond Insurer hereunder without the prior
written consent of the Bond Insurer. The Bond Insurer's consent shall be required in addition to Owner consent, when
required, for the execution and delivery of any supplemental resolution, or any amendment, supplement or change to or
modification of other documents relating to the security for the Bonds; removal or substitution of the Paying Agent; or
approval of any action or document requiring approval of the Owners.
Notices. While the Bond Insurance Policy is in effect, the Issuer shall furnish to the Bond Insurer: as soon as
practicable after the filing thereof, a copy of any financial statement, audit andlor annual report of the Issuer; a copy of any
notice to be given to the Owners, including, without limitation, notice of any redemption of or defeasance of Bonds, and any
certificate rendered pursuant to the Bond Resolution relating to the security for the Bonds; and such additional information as
the Bond Insurer may reasonably request.
Indemnification. The Issuer agrees to reimburse the Bond Insurer immediately and unconditionally upon demand,
to the extent permitted by law, for all reasonable expenses, including attorneys' fees and expenses, incurred by the Bond
Insurer in connection with (a) the enforcement by the Bond Insurer of the Issuer's obligations, or the preservation or defense
of any rights of the Bond Insurer, under the Bond Resolution and any other document executed in connection with the
issuance of the Bonds, and (b) any consent, amendment, waiver or other action with respect to the Bond Resolution or any
related document, whether or not granted or approved, together with interest on all such expenses from and including the date
incurred to the date of payment.
Annual Audit. Annually, promptly after the end of the Fiscal Year, the Issuer will cause an audit to be made of the
financial statements of the Issuer for the preceding Fiscal Year by an Independent Accountant. Within 30 days after the
completion of each such annual audit, a copy thereof shall be filed in the office of the Clerk, and a duplicate copy of the audit
shall be mailed to the Purchaser of the Bonds and to the Bond Insurer. Such audits shall at all times during the usual business
hours be open to the examination and inspection by any Owner of any of the Bonds, or by anyone acting for or on behalf of
such user or Owner.
Levy and Collection of Annual Tax. The governing body of the Issuer shall annually make provision for the
payment of Debt Service Requirements on the Bonds as the same become due by levying and collecting the necessary taxes
andlor assessments upon all of the taxable tangible property within the Issuer in the manner provided by law. The taxes
andlor assessments referred to above shill be extended upon the tax rolls in each of the several years, respectively, and shall
be levied and collected at the same time and in the same manner as the other ad valorem taxes of the Issuer are levied and
collected. The proceeds derived from said taxes shall be deposited in the Bond and Interest Fund, shall be kept separate and
apart from all other funds of the Issuer shall thereafter be deposited in the Debt Service Account and shall be used solely for
the payment of the principal of and interest on the Bonds as and when the same become due, taking into account any
scheduled mandatory redemptions, and the fees and expenses of the Paying Agent. If at any time said taxes andlor
assessments are not collected in time to pay the principal of or interest on the Bonds when due, the Treasurer is hereby
authorized and directed to pay said principal or interest out of the general funds of the Issuer and to reimburse said general
funds for money so expended when said taxes are collected.
Amendments. The rights and duties of the Issuer and the Owners, and the terms and provisions of the Bonds or of
the Bond Resolution, may be amended or modified at any time in any respect by resolution of the Issuer with the written
consent of the Bond Insurer and the Owners of not less than a majority in principal amount of the Bonds then Outstanding.
such consent to be evidenced by an instrument or instruments executed by the Bond Insurer and such Owners and duly
acknowledged or proved in the manner of a deed to be recorded, and such instrument or instruments shall be filed with the
Clerk, but no such modification or alteration shall: (a) extend the maturity of any payment of principal or interest due upon
any Bond; (b) effect a reduction in the amount which the Issuer is required to pay as principal of or interest on any Bond; (c)
permit preference or priority of any Bond over any other Bond; or (d) reduce the percentage in principal amount of Bonds
required for the written consent to any modification or alteration of the provisions of the Bond Resolution.
Any provision of the Bonds or of the Bond Resolution may, however, be amended or modified by resolution duly
adopted by the governing body of the Issuer at any time in any legal respect with the written consent of the Bond Insurer and
the Owners of all of the Bonds at the time Outstanding.
Without notice to or the consent of any Owners, the Issuer may amend or supplement the Bond Resolution for the
purpose of curing any formal defect, omission, inconsistency or ambiguity, to grant to or confer upon the Owners any
additional rights, remedies, powers or authority that may lawfully be granted to or conferred upon the Owners, to more
precisely identify the Improvements, to conform the Bond Resolution to the Code or future applicable federal law concerning
tax-exempt obligations, or in connection with any other change therein which is not materially adverse to the interests of
the Owners.
Notices, Consents and Other Instruments by Owners. Any notice, request, complaint, demand or other
communication required or desired to be given or fded under the Bond Resolution shall be in writing, and shall be deemed duly
given or filed if the same shall be: (a) duly mailed by registered or certified mail, postage prepaid; or (b) communicated via fax,
with electronic or telephonic c o n f i t i o n of receipt. Copies of such notices shall also be given to the Paying Agent and the
Bond Insurer. The Issuer, the Paying Agent, the Bond Insurer and the Purchaser may fiom time to time designate, by notice
given hereunder to the others of such parties, such other address to which subsequent notices, certificates or other
communications shall be sent. All notices given by: (a) certified or registered mail as aforesaid shall be deemed duly given as
of the date they are so mailed; (b) fax as aforesaid shall be deemed duly given as of the date of confirmation of receipt. If,
because of the temporary or permanent suspension of regular mail service or for any other reason, it is impossible or Impractical
to mail any notice in the manner herein provided, then such other form of notice as shall be made with the approval of the
Paying Agent shall constitute a sufficient notice.
Electronic Transactions. The issuance of the Bonds and the transactions related thereto and described herein may
be conducted and documents may be stored by electronic means.
Severability. If any section or other part of the Bond Resolution, whether large or small, is for any reason held
invalid, the invalidity thereof shall not affect the validity of the other provisions of the Bond Resolution.
Governing Law. The Bonds and the Bond Resolution shall be governed exclusively by and construed in accordance
with the applicable laws of the State.
THE SERIES 2004-B BOND RESOLUTION
"Act" means the Constitution and statutes of the State of Kansas including R.S.A. 10-101 to 10-125, inclusive,
K.S.A. 10-620 et seq. and K.S.A. 10-427 et seq., as amended and supplemented.
"Authorized Denomination" means $5,000 or any integral multiples thereof.
indirectly has the investment power with.respect to such Bonds.
"Bond Counsel" means the firm of Gilmore & Bell, P.C., or any other attorney or firm of attorneys whose expertise
in matters relating to the issuance of obligations by states and their political subdivisions is nationally recognized and
"Bond Insurance Policy" means the financial guaranty insurance policy issued by the Bond Insurer on the date of
"Bond Payment Date" means any date on which principal of or interest on any Bond is payable.
"Bond Purchase Agreement" means the Bond Purchase Agreement between the Issuer and the Purchaser.
"Bond Register" means .the books for the registration, transfer and exchange of Bonds kept at the office of the
Bond Registrar.
"Bonds" means the Taxable General Obligation Refunding Bonds, Series 2004-B, authorized and issued by the
Issuer pursuant to the Bond Resolution.
the United States ox by the Legislature of the State and on which the Paying Agent is scheduled in the normal course of its
the Bonds.
"Clerk" means the duly appointed and/or elected Clerk or, in the Clerk's absence, the duly appointed Deputy Clerk
Bond Counsel and other legal counsel, all expenses incurred in connection with receiving ratings on the Bonds, and any
premiums or expenses incurred in obtaining municipal bond insurance on the Bonds.
"Debt Sewice Account" means the account by that name (within the Bond and Interest Fund) created by the
Bond Resolution.
scheduled mandatory sinking f b d redemption requirements) and interest payments on the Bonds for the period of time for
(a) United States Government Obligations that are not subject to redemption in advance of their maturity dates;
Government Obligations held by a bank or trust company as custodian, under which the owner of the investment is the real
obligated; or
any cash in the escrow h d ) are sufficient to meet the liabilities of the obligations;
including those against the trustee or escrow agent; and
(6) , the obligations are rated in the highest rating category by Moody's (presently "Aaa") or Standard
due;
(c) The Issuer shall default in the due and pu~lctualperformance of any other of the covenants, conditions,
disclosure) on the part of the Issuer to be performed, and such default shall continue for thirty (30) days after written notice
Court of competent jurisdiction.
"Fiscal Year" means the twelve month period ending on December 3 1
I "Funds and Accounts" means funds and accounts created by or referred to in the Bond Resolution.
"Independent Accountant" means an independent certified public accountant or fm of independent certified

I public accountants at the time employed by the Issuer for the purpose of carrying out the duties imposed on the Independent
I
March 1 and September 1 of each year, commencing March I, 2005.
Purchase Price.

otherwise.
"Mayor" means the duly elected and acting Mayor, or in the Mayor's absence, the duly appointed and/or electe'd
t'MBIA" means MBIA Insurance Corporation, Armonk, New York.
"Outstanding" means, when used with reference to the Bonds, as of a particular date of determination, all Bonds
and
the Bonds.
reference.
"Paying Agent" means the State Treasurer, and any successors and assigns.
banks or trust companies located in the county or counties in which the Issuer is located which are insured by the Federal
Deposit Insurance Corporation or collateralized by securities described in (c); (f)obligations of the federal national mortgage
described in (c) or ( f ) ; (h) investment agreements or other obligations of a financial institution the obligations of which at the
or ( f ) ; ('j)
receipts evidencing ownership interests in securities or portions thereof described in (c) or (f); (k) municipal bonds
or other obligations issued by any municipality of the State as defined in K.S.A. i 0-1 101 which are general obligations of the
municipality issuing the same; (1) bonds of any municipality of the State as defined in K.S.A. 10-1101 which have been
refunded in advance of their maturity and are fully secured as to payment of principal and interest thereon by deposit in trust.
"Person" means any natural person, corporation, partnership, joint venture, association, finn, joint-stock company,
"Purchaser" means the financial institution or investment banlung fm that is original purchaser of the Bonds.
"Rating Agency1' means any company, agency or entity that provides fmancial ratings for the Bonds.
~ u s i n e s s - ~of
a ~the
) calendar month next preceding such Interest Payment Date.
"Refunded Bonds" means the Series 2001-B Bonds, maturing in the years 2005 to 2011, inclusive, in the aggregate
principal amount of $515,000.
"Refunded Bonds Resolution" means the ordinance and resolution-which authorized the Refunded Bonds.
"Refunded Bonds Paying Agent" means the respective paying agent for each series of the Refunded Bonds as
designated in the respective Refunded Bonds Resolution, and any successor or successors at the time acting as paying agent
for any of the Refunded Bonds.
"Refunded Bonds Payment Date" means any date on which any principal of, or interest on, any of the Refunded
Bonds is due and payable.
"Refunded Bonds Redemption Date" means September 1,2004.
"Replacement Bonds" means Bonds issued to the Beneficial Owners of the Bonds in accordance with the Bond
Resolution.
"SEC Rule" means Rule 15~2-12adopted by the Securities and Exchange Commission under the Securities
Exchange Act of 1934, as may be amended from time to time.
"Series 2001-B Bonds" means the Issuer's Taxable General Obligation Bonds, Series 2001-B, dated
August 15,2001.
the Bond Insurer.
specified in such Bond and the Bond Resolution as the fixed date on whch the principal of such Bond or such installment of
"2014 Term Bonds" means the Bonds scheduled to mature in the year 2014.
"Term Bonds" means jointly the 2014 Term Bonds and the 2024 Term Bonds.
"Treasurer" means the duly appointed andor elected Treasurer or, in the Treasurer's absence, the duly appointed
ESTABLISHMENT
OF FUNDS AND ACCOUNTS~
DEPOSIT
AND APPLICATIONOF BONDPROCEEDS
(a) Debt Service Account;

(b) Costs of Issuance Account; and
(c) Redemption Fund.
Deposit of Bond Proceeds. The net proceeds received from the sale of the Bonds shall be deposited simultaneously
with the delivery of the Bonds as follows:
(d) The remaining balance of the proceeds derived from the sale of the Bonds shall be deposited into the
Redemption Fund.
Application of Moneys in the Debt Service Account. All amounts paid and credited to the Debt Service Account
or otherwise. the Owners of Bonds are no longer entitled to enforce payment of the Bonds or the interest thereon, the Paying
accordance nlth and subject to all of the provisions contained in the Bond Resolution and shall be held in trust by the Paying
of Issuance, but not later than the later of 30 days prior to the fust Stated Maturity of principal or one year after the date of
issuance of the Bonds, shall be transferred to the Debt Service Account.
Application of Moneys in the Redemption Fund. Moneys in the Redemption Fund shall be transferred to the
Refunded Bonds Paying Agent and utilized to retire the Refunded Bonds on the Refunded Bonds Redemption Date. The
Clerk is authorized and instructed to provide appropriate notice of redemption in accordance with the Refunded Bonds
Resolution. Any moneys remaining in the Redemption Fund not needed to retire the Refunded Bonds shall be transferred to
Investments. Moneys held in any Fund or Account other than the Redemption Fund may be invested in accordance
with the Bond Resolution, in Permitted Investments; provided, however, that no such investment shall be made for a period
All earnings on any investments held in any Fund or Account shall accrue to and become a part of such Fund or Account.
DEFAULT
AND REMEDIES
more Owners secured hereby shall have any right in any manner whatever by his or their action to affect, disturb or prejudice
-
thereon.
Control of Remedies By Bond Insurer Upon an Event of Default and Event of Insolvency. Upon the occurrence
with respect to the Bonds or scheduled interest payments thereon so paid and-discharged. Bonds, redemption premium, if
payments thereon, in trust for and irrevocably appropriated thereto. moneys andor Defeasance Obligations which, together
Redemption Price of said Bonds andor interest accrued to the Stated Maturity or Redemption Date, or if default in such
Notwithstanding anything in the Bond Resolution to the contrary, in the event that the principal andor interest due
Insurer. The Bond Xnsurer shall be provided with final drafts of the above-referenced documentation not less than 15 business
manner with its covenants contained in the Bond Resolution, the Purchaser andor any Beneficial Owner may make demand
the enforcement of any other appropriate legal or equitable remedy, as the Purchaser andor any Beneficial Owner shall deem
on the second following or following, as the case may be, Business Day, the Paying kgent shall immediately notify the Bond
Insurer or its designee on the same Business Day by telephone or telegraph, confirmed in writing by registered or certified
principal or interest on the Bonds to a trustee in Bankruptcy or creditors or others pursuant to a final judgment by a court of
(d) The Paying Agent is hereby irrevocably designated, appointed, directed and authorized to act as attomey-
(1) If and to the extent there is a deficiency in amounts required to pay interest on the Bonds, the
not held by the Paying Agent and ,available for such payment (but such assignment shall be delivered only if
payment from the Insurance Payng Agent is received), (ii) receive as designee of the respective Owners (and not as
Paying Agent) in accordance with the terms of the Bond Insurance Policy payment therefor from the Insurance
paying through the Paying Agent), on account of principal of or interest on the ~ o n d s the
, Bond Insurer will be
Consent of Bond Insurer. Any provision of the Bond Resolution expressly recognizing or granting rights in or to
Notices. Whle the Bond Insurance Policy is in effect, the Issuer shall furnish to the Bond Insurer: as soon as
such user or Owner.
Levy and Collection of Annual Tax. The governing body of the Issuer shall annually make provision for the
upon all of the taxable tangible property within the Issuer in the manner provided by law. The taxes .referred to above shall
be extended upon the tax rolls in each of the several years, respectively, and shall be levied and collected at the same time
and in the same manner as the other ad valorem taxes of the Issuer are levied and collected. The proceeds derived from said
taxes shall be deposited in the Bond and Interest Fund, shall be kept separate and apart from all other funds of the Issuer shall
thereafter be deposited in the Debt Service Account and shall be used solely for the payment of the principal of and interest
on the Bonds as and when the same become due, taking into account any scheduled mandatory redemptions, and the fees and
expenses of the Paying Agent. If at any time said taxes are not collected in time to pay the principal of or interest on the
Bonds when due, the Treasurer is hereby authorized and directed to pay said principal or interest out of the general funds of
the Issuer and to reimburse said general funds for money so expended when said taxes are collected.
consent of the Bond Insurer and the Owners of not less than a majority in principal amount of the Bonds then Outstanding,
additional rights, remedies, powers or authority that may lawfully be granted to or conferred upon the Owners, to conform the
Bond Resolution to future applicable federal law, or in connection with any other change therein which is not materially
adverse to the interests of the Owners.
Notices, Consents and Other Instruments bjt Owners. Any notice, request, complaint, demand or other
communication required or desired to be given or filed under the Bond Resolution shall be in writing, and shall be deemed duly
with electronic or telephonic confirmation of receipt. Copies of such notices shall also be given to the Paying Agent and the
Bond Insurer. The Issuer, the Paying Agent, the Bond Insurer and the Purchaser may from time to time designate, by notice
because of the temporary or permanent suspension of regular mail service or for any other reason, it is impossible or impractical
Goveniing Law. The Bonds and the Bond Resolution shall be governed exclusively by and construed in accordance
THE CONTINUING DISCLOSURE INSTRUCTIONS
The Continuing Disclosure Instructions are executed and delivered by the Issuer in connection with the issuance of
the Bonds pursuant to the Bond Resolution, in which the Issuer covenants to enter into an undertaking to provide certain
financial and other information with respect to the Bonds in order to assist the Participating Underwriter in complying with
the provisions of the SEC Rule. The Issuer is the only "obligated person" with responsibility for continuing disclosure with
respect to the Bonds.
In addition to the definitions set forth in this "APPENDIX C - THE BOND RESOLUTION - De$nitionsW unless
otherwise defined herein, the following capitalized terms shall have the following meanings:
"Annual Report" means any Annual Report provided by the Issuer pursuant to the Disclosure Instructions.
"Dissemination Agent" means any entity designated in writing by the Issuer to serve as dissemination agent pursuant
to these Disclosure Instructions and which has filed with the Issuer a written acceptance of such designation.
"Financial Information" means the financial information of the Issuer described under the heading "PROVISION
OF ANNUAL REPORTS - Financial Information."
"Material Events" means any of the events listed under the heading "REPORTING OF MATERIAL EVENTS."
"MSRB" means the Municipal Securities Rulemaking Board.
"National Repository" means any Nationally Recognized Municipal Securities Information Repository for
purposes of the Rule.
"Operating Data" means the operating data of the Issuer described under the heading "PROVISIOIV OF
ANNUAL REPORTS - Operating Data."
"Participating Underwriter" means any of the original underwriters of the Bonds required to comply with the Rule
in connection with offering of the Bonds.
"Repository" means each National Repository and each State Repository, if any.
"SEC" means the Securities and Exchange Commission of the United States.
"State Repository" means any public or private repository or entity designated by the State of Kansas as a state
repository for the purpose of the Rule and recognized as such by the SEC. As of the date of these Disclosure Instructions, there
is no State Repository.
The Issuer shall, or shall cause the Dissemination Agent to, not later than 210 days after the end of the Issuer's Fiscal
Year, commencing with the Fiscal Year ended in 2003, provide to each Repository the Issuer's Financial Information and
Operating Data (jointly, the "Annual Report") as follows:
Financial Information. The audited financial statements of the Issuer for such prior Fiscal Year, prepared in
accordance with generally accepted auditing standards, in substantially the format contained in Appendix B to the Official
Statement. If audited financial statements are not available by the time the Annual Report is required to be filed, the Annual
Report shall contain unaudited financial statements and the audited financial statements shall be filed in the same manner as the
Annual Report promptly after they become available. The accounting basis and the method of preparation of the financial
statements of the Issuer is contained in Appendix B to the Offkial Statement. The method of preparation and basis of
accounting of the Financial Information may not be changed to a basis less comprehensive than contained in the Offici$
Statement, unless the Issuer provides notice of such change in the same manner as for a Material Event.
Operating Data. Updates as of the end of the Fiscal Year of substantially all of the information and data contained
in those sections of Appendix A to the Official Statement entitled "Economic Information," "Financial Information" and
"Debt Structure."
Any or all of the items listed above may be included by specific reference to other documents, including official
statements of debt issues with respect to which the Issuer is an "obligated person" (as defined by the SEC Rule), which have
been filed with each of the Repositories, the MSRB or the SEC. In each case, the Annual Report may be submitted as a
single document or as separate documents comprising a package, and may cross-reference other information; provided that
the Financial Information may be submitted separately fiom the balance of the Annual Report and later than the date required
above for the filing of the Annual Report if they are not available by that date. If the Issuer's Fiscal Year changes, it shall
give notice of such change in the same manner as for a Material Event.
If no Dissemination Agent has been appointed, the Issuer shall: (1) determine each year prior to the date for
providing the Annual Report the name and address of each Repository; and (2) file the Annual Report; or if the Annual
Report is not filed within the time period specified, the Issuer shall send a notice to each Repository of the failure to timely
file the Annual Report.
The Issuer shall give, or cause the Dissemination Agent, if any, to give, notice of the occurrence of any of the following
events with respect to the Bonds, if the Issuer deems such events to be material:
principal and interest payment delinquencies;

non-payment related defaults;
modifications to rights of bondowners;
optional, contingent or unscheduled bond calls;
defeasances;
rating changes;
adverse tax opinions or events affecting the tax-exempt status of the Bonds;
unscheduled draws on debt service reserves reflecting financial difficulties;
unscheduled draws on credit enhancements reflecting financial difficulties;
substitution of credit or liquidity providers, or their failure to perform; or
release, substitution or sale of property securing repayment of the Bonds.
Such notice shall be given by promptly filing a notice of such occurrence with each National Repository or the MSRB
and the State Repository, with copies to the Bond Insurer. Notwithstanding the foregoing, notice of Material Events described in
(4) and (5) need not be given any earlier than the notice (if any) of the underlying event is given to the Owners of affected Bonds
pursuant to the Bond Resolution.
DISSEMINATION AGENT
General. The Issuer may, fiom time to time, appoint or engage a Dissemination Agent to assist it in carrying out its
obligations under the Disclosure Instructions, and may discharge any such Dissemination Agent, with or without appointing a
successor Dissemimtion Agent.
Annual Reports. If a Dissemination Agent shall be appointed. not later than 15 Business Days prior to the date
specified for providing the Annual Report to the Repositories, the Issuer shall provide the Annual Report to the Dissemination
Agent. The Dissemination Agent shall determine each year prior to the date for providing the Annual Report the name and
address of each Repository and file a report with the Issuer certifying that the Annual Report has been provided pursuant to the
Disclosure Instructions, stating the date it was provided, and listing all the Repositories to which it was provided, or that the
Issuer has certified to the Dissemination Agent that the Issuer has provided the Annual Report to the Repositories. If the
Dissemination Agent has not received an Annual Report or has not received a written notice ffom the Issuer that it has provided
an Annual Report to the Repositories by the date required, the Dissemination Agent shall send a notice to each Repository.
Material Event Notices.
(1) The Dissemination Agent shall, promptly after obtaining actual knowledge of the occurrence of the
occurrence of any event that it believes may constitute a Material Event, contact the chief financial officer of the Issuer or his
or her designee, or such other person as the Issuer shall designate in writing to the Dissemination Agent from time to time,
inform such person of the event, and request that the Issuer promptly notify the Dissemination Agent in writing whether or
not to report the event.
(2) The Issuer will promptly respond in writing to any such request. Whenever the Issuer obtains knowledge
of the occurrence of a Material Event, because of a notice from the Dissemination Agent or otherwise, the Issuer shall
promptly determine if such event would be material under applicable federal securities law. If the Issuer has determined that
knowledge of the occurrence of a Material Event would be material under applicable federal securities law, the Issuer shall
promptly so notify the Dissemination Agent in writing. Such notice shall instruct the Dissemination Agent to report the
occurrence. If the Issuer has determined that knowledge of a Material Event would not be material under federal securities
law, the Issuer shall promptly so notify the Dissemination Agent in writing. Such notice shall instruct the Dissemination
Agent not to report the occurrence.
(3) If the Dissemination Agent has been given written instructions by the Issuer to report the occurrence of a
Material Event, the Dissemination Agent shall promptly file a notice of such occurrence with each National Repository or the
MSRB and the State Repository, with copies to the Issuer and the Bond Insurer. Notwithstanding the foregoing, notice of
Material Events described in paragraphs (4) and (5) need not be given any earlier than the notice (if any) of the underlying
event is given to the Owners of affected Bonds pursuant to the Bond Resolution.
Duties, Immunities and Liabilities of Dissemination Agent. The Dissemination Agent shall have only such duties as
are specifically set forth in the Disclosure Instructions. The Dissemination Agent shall not be responsible in any manner for the
content of any notice or report prepared by the Issuer.
Termination of Reporting Obligation. The Issuer's obligations under the Disclosure Instructions shall terminate upon
the legal defeasance, prior redemption or payment in full of all of the Bonds. If the Issuer's obligations are assumed in full by
some other entity as permitted in the Bond Resolution, such person shall be responsible for compliance with under the
Disclosure Instructions in the same manner as if it were the Issuer, and the Issuer shall have no further responsibility. If such
termination or substitution occurs prior to the final maturity of the Bonds, the Issuer shall give notice of such termination or
substitution in the same manner as for a Material Event
Amendment; Waiver. The Issuer and the Dissemination Agent, if any, may amend the Disclosure Instructions (and the
Dissemination Agent shall not unreasonably refuse to execute any amendment so requested by the Issuer) and any provision of
the Disclosure Instructions may be waived, provided that: (a) Bond Counsel or other counsel experienced in federal securities
law matters provides the Issuer and the Dissemination Agent, if any, with its opinion that the undertalcins of the Issuer, as so
amended or after giving effect to such waiver, is in compliance with the SEC Rule and all current amendments thereto and
interpretations thereof that are applicable to of the Disclosure; (b) if the amendment or waiver relates to the Annual Report or a
Material Event, such amendment or waiver may only be made in connection with a change in circumstances that arises from a
change in law or legal requirements, or change in the identity, nature or status of an obligated person with respect to the Bonds,
or the type of business conducted; and (c) the amendment or waiver is either (1) approved by the Owners of the Bonds in the
same manner as provided in the Bond Resolution with consent of the Owners, or (2) does not in the opinion of Bond Counsel
materially impair the interests of the Owners or Beneficial Owners of the Bonds.
In the event of any amendment or waiver, the Issuer shall describe such amendment in the next Annual Report. and
shall include, as applicable, a narrative explanation of the reason for the amendment or waiver and its impact on the type (or, in
the case of a change of accounting principles, on the presentation) of Financial Information or Operating Data being presented
by the Issuer. In addition, if the amendment relates to the accounting principles to be followed in preparing financial statements:
(a) notice of such change shall be given in the same manner as for a Material Event in the Annual Report for the year in which
the change is made should present a comparison (in narrative form and also, if feasible, in quantitative form) between the
financial statements as prepared on the basis of the new accounting principles and those prepared on the basis of the former
accounting principles.
Additional Information. Fiothing shall be deemed to prevent the Issuer fiom disseminating any other information,
using the means of dissemination set forth in the Disclosure Instructions or any other means of communication, or including any
other information in any Annual Report or notice of occurrence of a Material Event, in addition to that which is required by the
Disclosure Instructions.
Noncompliance. In the event of a failure of the Issuer or the Dissemination Agent, if any, to comply with any
provision of the Disclosure Instructions, the Participating Underwriter or any Beneficial Owner of the Bonds may take such
actions as may be necessary and appropriate, including seeking mandamus or specific performance by court order, to cause the
Issuer or the Dissemination Agent, if any, as the case may be, to comply with its obligations under the Disclosure Instruction's.
Noncompliance with the provisions of the Disclosure Instructions shall not be deemed an Event of Default under the Bond
Resolution, and the sole remedy under the Disclosure Instructions in the event of any failure of the Issuer or the Dissemination
Agent, if any, to comply with the Disclosure Instructions shall be an action to compel performance.
Beneficiaries. The Disclosure Instructions shall inure solely to the benefit of the Issuer, the Dissemination Agent. if
any, the Participating Underwriter and Beneficial Owners from time to time of the Bonds, and shall create no rights in any other
person or entity.
Governing Law. The Disclosure Instructions shall be governed by and construed in accordance with the laws of
the State.

APPENDEY D
SPECIMEN BOND INSURAIL'CE POLICY

FINANCIAL GUARANTY INSURANCE POLICY
MBIA Insurance Corporation
Armonk, New York 10504
Policy No. [NUMBER]
MBIA Insurance Corporation (the "Insurer1'),in consideration of the payment of the premium and subject to the terms of this policy, hereby
unconditionally and irrevocably guarantees to any owner, as hereinafter defined, of the following described obligations, the full and complete
payment required to be made by or on behalf of the Issuer to the Treasurer of the State of Kansas, Topeka, Kansas, or its successor (the "Paying
Agent") of an amount equal to (i) the principal of (either at the stated maturity or by any advancement of maturity pursuant to a mandatory
sinking fund payment) and interest on, the Obligations (as that term is defined below) as such payments shall become due but shall not be so
paid (except that in the event of any acceleration of the due date of such principal by reason of mandatory or optional redemption or acceleration
resulting h m default or otherwise, other than any advancement of maturity pursuant to a mandatory sinking fund payment, the payments
guaranteed hereby shall be made in such amounts and at such times as such payments of principal would have been due had there not been any
such acceleration); and (ii) the reimbursement of any such payment which is subsequently recovered fium any owner pursuant to a final
judgment by a court of wnpetent jurisdiction that such payment constitutes an avoidable preference to such owner within the meaning of any
applicable banlauptcylaw. The amounts referred to in clauses (i) and (ii) of the preceding sentence shall be referred to herein collectivelyas the
"Insured Am0unts.I' obligation^^^ shall mean:

%5,323,000* $515,000*
SEXIES 2004-A REFUNDING BONDS
SERIES 2004-B
Upon reoeipt of telephonic or telegraphic notice, such notice subsequently confirmed in writing by registered or certified mail, or upon receipt of
written notice by regstad or certified mail, by the Insurer f?om the Paying Agent or any owner of an Obligation the payment of an Insured
Amount for which is then due, that such required payment has not been made, the Insurer on the due date of such payment or within one
business day after receipt of notice of such nonpayment, whichever is later, will make a deposit of funds, in an account with U.S. Bank Trust
National Association, in New York, New York, or its successor, sufficient for the payment of any such Insured Amounts which are then due.
Upon presentment and surmder of such Obligations or presentment of such other proof of ownership of the Obligations, together with any
appropriate instruments of assignment to evidence the assignment of the Insured Amounts due on the Obligations as are paid by the Insurer, and
appropriate instruments to effect the a$pointment of the Insurer as agent for such owners of the Obligations in any legal procding related to
payment of Insured Amounts on the Obligations, such instruments being in a form satisfactory to US. Bank Trust National Association, US.
Bank T m t National Amciation shall disburse to such owners, or the Paying Agent payment of the Insured Amounts due on such Obligations,
less any amount held by the Paying Agent for the payment of such Insured Amounts and legally available therefor. This policy does not insure
against loss of any prepayment premium which may at any time be payable with respect to any Obligation.
As used herein, the term "owner" shall mean the registered owner of any Obligation as indicated in the books maintained by the Paying Agent,
the Issuer, or any designee of the Issuer for such purpose. The term owner shall not include the Issuer or any party whose agreement with the
Issuer constitutes the underlying security for the Obligations.
Any service of process on the Insurer may be made to the Insurer at i$ offices located at 113 King Street, h o n k New York 10501and such
service of process shall be valid and binding.
This policy is non-cancellablefor any reason. The premium on this policy is not refundable for any reason including the payment prior to
maturity of the Obligatioris.
IN WITNESS -REOF, the Insurer has caused this policy to be executed in facsimile on its behalf by its duly authorized officers, this
[DAY]day of MONTH, YEAR].
Gilmore & Bell, PC.
07/12/2004
EXHIBITA
CERTIFIKATE DEEMING
PRELIMINARY OFPICIAL STATEMENT FINAL
July 23,2004
To: George K. Baum & Company

Wichita, Kansas
Re: City of Newton, Kansas, Goncral Obligation Bonds, Series 2004-A and TaxabIe
Genoral Obligation Refunding Bonds: Series 2004-B
Ladies and Gentiemen:
The undersigned is the duly acting Clerk of the City of ~ e b t o n Kmsas

, (the "Issuer"), and is
authorized to deliver this Certificate to the addressee (the "Purchaser") on behalf of the Issuer. The Issum
has heretofore caused to be delivered to the Purchaser copies of the. Preliminary Official Statement (the
"Preliminary Official Statement"), relating to the above-referenced bonds (the "Bonds").
For the purpose of cnabling the Purchaser to comply with the requirements of Rule 1Sc2-12(b)(I)
of the Securities and Exchange Commission (the "Rule"), the Issuer hereby deems the information
regarding the Issuer contained in the Preliminary Official Statement to be final as of its date, except for
the omission of such information as is permitted by the Rule, such as offering prices, interest rates, selling
compensation, aggregate principal amount, principal per maturity, delivery dates, ratings and other terms
of tho Bonds depending on such matters.
Very truly yours,
~ i t l e : Clerk
CERTIFICATE OF MBIA INSURANCE CORPORATION
I, Adam M. Carta, Assistant Secretary of MBIA Insurance Corporation, do hereby certify

that the information concerning MBIA Insurance Corporation and its policies as set forth in the
Official Statement, dated July 29, 2004 under the caption "The MBIA Insurance Corporation
Insurance Policy", regarding $5,323,000 City of Newton, Kansas, General Obligation Bonds,
Series 2004-A and $515,000 City of Newton, Kansas, Taxable General Obligation Refunding
Bonds, Series 2004-B, is accurate.
IN WITNESS WHERE d and deliver this Certificate on this 1st

day of September, 2004.
Assistant Secretary
OFFICIAL STATEMENT
-
NEW ISSUE BOOK-ENTRY SECURITIES RATING: See "BOND RATINGS" herein
In the opinion of Bond Counsel, under existiizg law and assuming contiizzied compliance with certniiz requirenzents of the Inteinal Revenzle Code of
1986, as amended (the "Code'?, the interest on the Series 2004-A Bonds (including any original issue discozrnt properly ollocable to an owner there08 is
excludablefrom gross income for federal iizcome taxpuiposes, is not an item of tax prefereizce for pz~posesof the federal alternative ini~zimumtax imposed on
i~zdividualsand coiporations, and is excluded from computation of Kansas arljtrsted gross income. i%e Series 2004-A Bonds are "qual$ed tax-exempt
obligntioizs" within the meaning of Section 265(3)(3) of the Code. The Series 2004-B Bonds will be taxable as ordinary itzconze aizd taken into account in
accordance with an Owner's method of accounting. llze interest on the Series 2004-B Bonds is exemptporn Kansas income taxation. See "LEGAL MATTERS -
Opinioiz of Colmsel" hereiiz.

$5,323,000 $515,000
SERIES 2004-B
Dated: September 1,2004 Due: September 1, as shown herein
The General Obligation Bonds, Series 2004-A (the "Series 2004-A Bonds") and the Taxable General Obligation Refunding Bonds,
Series 2004-B (the "Series 2004-B Bonds," collectively the "Bonds") will be issued by the City of Newton, Kansas (the "Issuer" or the "City"),
as fully registered book-entry bonds, without coupons and, when issued, will be registered in the name of Cede & Co., as registered owner and
nominee for The Depository Trust Company ("DTC"), New York, New York. DTC will act as securities depository for the Bonds. Purchases
of the Bonds will be made in book-entry form, in the denominations of $5,000 or any integral multiple thereof except one Series 2004-A Bond
in the denomination of $8,000 (or such amount added to $5,000, or any integral multiple thereof) (the "Authorized Denomination"). Purchasers
will not receive certificates representing their interests in Bond purchased. So long as Cede & Co. is the registered owner of the Bonds, as
nominee of DTC, references herein to the Bond owners or registered owners shall mean Cede & Co., as aforesaid, and shall not mean the
Beneficial Owners (as herein defined) of the Bonds. Principal will be payable upon presentation and surrender of the Bonds by the registered
owners thereof at the office of the Treasurer of the State of Kansas, Topeka, Kansas, as bond registrar and paying agent (the "Paying Agent" and
"Bond Registrar"). Interest payable on each Bond shall be paid to the persons who are the registered owners of the Bonds as of the close of
business on the fifteenth day (whether or not a business day) of the calendar month preceding each interest payment date by check or draft of the
Paying Agent mailed to such registered owner or, in the case of an interest payment to a registered owner of $500,000 or more in aggregate
principal amount of Bonds, by electronic transfer. So long as DTC or its nominee, Cede & Co., is the Owner of the Bonds, such payments will
be made directly to DTC. DTC is expected, in turn, to remit such principal and interest to the DTC Participants (herein defined) for subsequent
disbursement to the Beneficial Owners. Principal of the Bonds will be payable on each September 1, beginning in 2005, and semi-annual
interest will be payable on March 1 and September 1, beginning on March 1,2005.
The Series 2004-A Bonds and the interest thereon will constitute general obligations of the Issuer, payable in part from special
assessments levied upon the property benefited by the construction of certain public improvements (as hereinafter described in the section entitled:
"The Projects") and, if not so paid, from ad valorem taxes which may be levied without limitation as to rate or amount upon all the taxable tangible
property, real and personal, within the territorial limits of the Issuer, with the balance payable from ad valorem taxes which may be levied without
The Series 2004-B Bonds and the interest thereon will constitute general obligations of the Issuer, payable from ad valorem taxes which
may be levied without limitation as to rate or amount upon all the taxable tangible property, real and personal, within the territorial limits of
the Issuer.
MATURITY SCHEDULE LISTED ON INSIDE COVER PAGE
The scheduled payment of the principal of and interest on the Bonds when due will be guaranteed by a financial guaranty
insurance policy to be issued concurrently with the issuance of the Bonds by MBIA Insurance Corporation (the "Bond Insurer").
The Bonds will be subject to redemption prior to maturity, at the option of the Issuer, as described herein. The Bonds are also subject to
Mandatory Redemption as described herein. See "THE BONDS-Redemption Provisions" herein.
The Bonds are offered when, as and if issued by the Issuer, subject to the approval of legality by Gilmore & Bell, P. C., Wichita,
Kansas, Bond Counsel. It is expected that the Bonds will be available for delivery through the facilities of DTC on or about September 1,2004.
George K. Baurn & Company
THE COVER PAGE CONTATNS CERTAININFORMATIONFOR QUICK REFERENCE ONLY. THE COVER PAGE IS NOTA SUMMARY OF ??HISISSUE. INVESTORS
MUST READ THE ENTRE OFFICIAL STATEMENT, INCLUDING ALL APPENDICES AlTACHED HERETO TO OBTATN INFORMATION ESSENTIAL TO THE MAKlNG
OF AN INFORMED WESTMENT DECISION YPPENDIX C - SUMMARY OF FINANCING DOCUMENTS" CONTAlXS DEFmITIONS USED IN THIS
OFFICIALSTATEMENT
The date of this Official Statement is July 29,2004.

$5,323,000 $515,000
SERIES 2004-B
MATURITY SCHEDULES
SERIES 2004-A
SERIAL BONDS
Stated Maturity Principal Interest cusIP"' Stated Maturity Principal Interest CUSIP"'
September 1 Amount -Rate -
Yield
1.55%
Base: 652861
WV3
September 1
2013
Amount
$240,000
-
Rate
3.650%
Base: 652861
2005 $168,000 5.000% XD2
2006 175,000 3.125 , 2.15 Wwl 2014 250,000 3.750 XEO
2007 185,000 5.000 2.45 WX9 2015 260,000 3.900 XF7
2008 195,000 5.000 2.85 WY7 2016 275,000 4.100 XG5
2009 205,000 5.000 3.15 wZ4 2017 285,000 4.200 XH3
2010 215,000 3.250 3.30 XA8 2018 295,000 4.300 XJ9
2011 . 225,000 3.500 3.50 XB6 2019 3 10,000 4.400 XK6
2012 235,000 3.500 3.60 XC4
TERM BONDS
Se~tember1 Amount Rate -
Yield Base: 652861
2024 $1,805,000 5.00% 4.591%" XQ3
* Yield to Call.
SERIES 2004-B
TERM BONDS
September 1 Amount Yield Base: 652861
2014 $180,000 5.25% 5.25% XRl
2024 335,000 6.00 6.00 SX9
(All plus accrued interest, if any)
(I) CUSIP numbers have been assigned to this issue by Standard & Poor's CUSIP Service Bureau, a division of the-McGraw-Hill Companies, hc., and are included
solelyfor the co~~venience
of the Owners of the Bonds. Neither the Issuer nor the Underwritershall be responsiblefor the selection or correctness of the CUSIP
numbers setforth above.
- --
IN CONNECTION WITH THIS OFFERING, THE UNDERFVRITER MAY OVERALLOT OR EFFECT

TRANSACTIONS WHICH STABILIZE OR MAINTAIN THE MARKET PRICES OF THE BONDS AT LEVELS ABOVE
THOSE WHICH MIGHT OTHERWISE PREVAIL IN THE OPEN MARKET. SUCH STABILIZING, IF COMMENCED,
MAY BE DISCONTINUED AT ANY TIME.
THE BONDS HAVE NOT BEEN REGISTERED KITH THE SECURITIES AND EXCHANGE COMMISSION
UNDER THE SECURITIES ACT OF 1933, AS AMENDED. THE BONDS ARE OFFERED PURSUANT TO AN
EXEMPTION FROM REGISTRATION WITH THE SECURITIES AND EXCHANGE COMMISSION. THE
REGISTRATION, QUALIFICATION OR EXEMPTION OF THE BONDS IN ACCORDANCE FYITH THE APPLICABLE
SECURITIES LAW PROVISIONS OF THE JURISDICTIONS IN FHICH THESE SECURITIES HAKE BEEN
REGISTERED, QUALIFIED OR EXEMPTED SHOULD NOT BE REGARDED AS A RECOMMENDATION THEREOF.
NEITHER THESE JURISDICTIONS NOR ANY OF THEIR AGENCIES HAKE GUARANTEED OR PASSED UPON THE
SAFETY OF THE BONDS AS AN LNVESTMENT, UPON THE PROBABILITY OF ANY EARNINGS THEREON OR
UPON THE ACCURACY OR ADEQUACY OF THIS OFFICLAL STATEMENT. ANY REPRESENTATION TO THE
CONTRARYMAY BE A CRIMLNAL OFFENSE.
THIS OFFICIAL STATEMENT CONTAINS STATEMENTS THAT ARE "FORCI'ARD-LOOKING

STATEMENTS" AS DEFINED IN THE PRIVATE SECURITIES LITIGATION REFORM ACT OF 1995. WHEN USED
IN THIS OFFICIAL STATEMENT, THE WORDS "ESTIMATE," "INTEND,," "EXPECT" AND SIMILAR
EXPRESSIONS ARE INTENDED TO IDENTIFY FORWARD-LOOXING STATEMENTS. SUCH STATEMENTS ARE
SUBJECT TO RISKS AND UNCERTAINTIES THAT COULD CAUSE ACTUAL RESULTS TO DIFFER MATERIALLY
FROM THOSE CONTEMPLATED IN SUCH FORWARD-LOOKING STATEMENTS. READERS ARE CAUTIONED
NOT TO PLACE UNDUE RELIANCE ON THESE FOR WARD-LOOATNG STATEMENTS, WHICH SPEAK ONLY AS OF
THE DATE HEREOF.
IN MAKlNG AN INVESTMENT DECISION INVESTORS MUST RELY ON THEIR 0fVN EXAMINATION OF

THE ISSUER AND THE TERMS OF THE OFFERING, INCLUDING THE MERITS AND RISKS INVOL VED.
City Hall - 201 E. 6th

P.O. Box 426
(3 16) 284-600 1
CITY COMMISSION
Grant Scott, Commissioner

Susan Jones, Commissioner
Todd Loescher, Commissioner
Matt Treaster, Commissioner
APPOINTED OFFICIALS
James M. Heinicke, City Manager

Ronald R. Ahsmuhs, City ClerWinance Director
ISSUER'S COUNSEL
Robert Myers, Esq.

Newton, Kansas
BOND COUNSEL

Wichita, Kansas
CERTIFIED PUBLIC ACCOUl\r'TANTS
Knudson Monroe & Company, LLC

Newton, Kansas
UNDERWRITER

Wichita, Kansas
No dealer. broker. salesman or other person has been authorized by the Issuer or the Undenwiter to give any
information or to make any representations with respect to the Bonds other than those contained in this Official Statement. and.
if given or made. such other information or representations must not be relied upon as having been authorized by any of the
foregoing. This Official Statement does not constitute an offer to sell or the solicitation of an offer to buy the Bonds by any
person in any jurisdiction in whlch it is unlawfid for such person to make such offer. solicitation or sale. The information set
forth herein concerning the Issuer has been furnished by the Issuer and other sources which are believed to be reliable. but such
information is not guaranteed as to accuracy or completeness. The Underwriter has reviewed the information in this Official
Statement in accordance with. and as a part of, its responsibilities to investors under the Federal Securities Laws as applied to the
facts and circumstances of this transaction, but the Underwriter does not guarantee the accuracy or completeness of such
information. The information and expressions of opinion herein are subject to change without notice and neither the delivery of
this Official Statement nor any sale made hereunder shall. under any circumstances. create any implication that there has been no
change in the affairs of the Issuer since the date hereof. This Official Statement does not constitute a contract between the Issuer
or the Underwriter and any one or more of the purchasers. Owners or Beneficial Owners of the Bonds.
TABLE OF CONTENTS
.
Pace
INTRODUCTION............................................................................................................................ 1
THE BONDS ................................................................................................................................... 2
THE DEPOSITORY TRUST COMPANY....................................................................................... 7
THE PROJECTS ......................................................................................................................... 8
THE REFUNDING PLAN........................................................................................................... 10
SOURCES AND USES OF FUNDS ..............................................................................................11
RISK FACTORS AND INVESTMENT CONSIDERATIONS ..................................................... 11
THE MBIA INSURANCE CORPORATION INSURANCE POLICY .........................................12
BOND RATINGS ......................................................................................................................1 4
ABSENCE OF LITIGATION ...................................................................................................... 14
LEGAL MATTERS ....................................................................................................................1 4
UNDERWRITING ..................................................................................................................... 16
AUTHORlZATION OF OFFICIAL STATEMENT.......................................................................16
APPENDIX A .INFORMATION CONCERNING THE ISSUER ....................................................A-1

General ................................................................................................................................... A- 1
Econonzic Iifornlation .............................................................................................................. A-2
Financial Informtion ................................................................................................................ A-5
Debt Strzictlrre......................................................................................................................... A-9
APPENDIX B . FINANCIAL STATMENTS AND REPORT OF INDEPENDENT
CERTIFIED PUBLIC ACCOUNTANTS (FOR THE FISCAL YEAR ENDED
12131/02) ................................................................................................................... B- 1
APPENDIX C .SUMMARY OF FINANCING DOCUMENTS ........................................................ C-1
APPENDIX D .SPECIMEN BOND INSURANCE POLICY............................................................ D-1

OFFICIAL STATEMENT
$5,323,000 $515,000
SERlES 2004-B
INTRODUCTION
General Matters
The purpose of this Official Statement is to furnish information relating to the City of Newton, Kansas (the "Issuer" or
the "City"), the General Obligation Bonds, Series 2004-A (the "Series 2004-A Bonds") and the Taxable General Obligation
Refunding Bonds, Series 2004-B (the "Series 2004-B Bonds," collectively the "Bonds") of the Issuer, both dated September 1,
2004.
The Appendices to this Official Statement are integral parts of t h ~ document,

s to be read in their entirety.
The Issuer is a municipal corporation duly organized and existing under the laws of the State of Kansas. Additional
information regarding the Issuer is contained in APPENDIXA to this Official Statement.
The materials contained on the cover page, in the body and in the Appendices to this Official Statement are to be read
in their entirety. All financial and other information presented herein has been compiled by George K. Baum & Company,
Wichita, Kansas (the "Underwriter"). Except for the information expressly attributed to other sources, all information has been
provided by the Issuer. The presentation of information herein, including tables of receipts from various taxes, is intended to
show recent hstoric information, and is not intended to indicate future or continuing trends in the financial position or other
affairs of the Issuer. No representation is made that past experience, as might be shown by such financial or other dormation,
will necessarily continue or be repeated in the future. Bond Counsel has not assisted in the preparation nor reviewed this
Official Statement, except to the extent described under the section captioned "LEGAL MATTERS" and accordingly expresses
no opinion as to the accuracy or sufficiency of any other information contained herein.
Other than with respect to information concerning the Bond Insurer contained under the captions "THE MBIA
INSURANCE CORPORATION INSURANCE POLICY" and "APPENDIX D - Specimen Bond Insurance Policy" herein,
none of the information in this Official Statement has been supplied or verified by the Bond Insurer. Accordingly, the Bond
Insurer makes no representation or warranty, express or implied, as to: (a) the accuracy or completeness of such information; (b)
the validity of the Bonds; or (c) the exclusion of interest on the Bonds from Federal or State income taxation.
Definitions
Capitalized terms not otherwise defined herein shall have the meanings ascribed thereto in "APPENDIX C -
SUMMARY OF FINANCING DOCUMENTS - THE BOND RESOLUTION - DEFINITIONS."
Continuing Disclosure
The Securities and Exchange Commission (the "SEC") has promulgated amendments to Rule 15c2-12 (the "Rule"),
requiring continuous secondary market disclosure. In the Bond Resolution, hereinafter defined, the Issuer has covenanted to
provide annually certain financial information and operating data and other information necessary to comply with the Rule, and
to transmit the same to certain repositories and the Municipal Securities Rulemaking Board, as applicable. This covenant is for
the benefit of and is enforceable by the Beneficial Owners of the Bonds. The Issuer has complied with all previous
undertakings under the Rule. For more information regarding the Issuer's continuing disclosure undertaking, see
Additional Information
Additional information regarding the Issuer or the Bonds may be obtained from the Clerk of the Issuer at the address
set forth in the preface to this Official Statement, or from the Underwriter, George K. Baum & Company, 100 N. Main,
Suite 810, Wichita, Kansas 67202, Attention: Charles M. Boully (316) 264-9351 or via e-mail at boully@gkbaumcom.
TEE BONDS
Authority for the Bonds
The Series 2004-A Bonds are being issued pursuant to and in full compliance with the Constitution and statutes of the
State of Kansas (the "State"), including K.S.A. 10-101 to 10-125, inclusive, K.S.A. 10-620 et seq., K.S.A. 12-6a01 et seq.,
K.S.A. 12-685 et seq., K.S.A. 12-1736 et seq., K.S.A. 13-1024a, as amended by Charter Ordinance No. 35 of the City and
K.S.A. 65-163d through 65-163~1,all as amended and supplemented from time to time (the "Act"), an ordinance passed by the
governing body of the Issuer and a resolution adopted by the goveming body of the Issuer on August 10, 2004 (jointly, the
"Series 2004-A Bond Resolution").
The Series 2004-B Bonds are being issued pursuant to and in full compliance with the Constitution and statutes of the
State of Kansas (the "State"), including K.S.A. 10-101 to 10-125, inclusive, K.S.A. 10-427 et seq. and K.S.A. 10-620 er seq.,
all as amended and supplemented from time to time (the "Act"), an ordinance passed by the goveming body of the Issuer and a
resolution adopted by the goveming body of the Issuer on August 10, 2004 (jointly, the "Series 2004-B Bond Resolution,"
together with the Series 2004-A Bond Resolution, the "Bond Resolution").
Security for the Bonds
The Series 2004-A Bonds shall be general obligations of the Issuer payable as to both principal and interest in part from
special assessments levied upon the property benefitted by the construction of certain public improvements (as hereinafter
described in the section entitled: "The Projects") and, if not so paid, from ad valorem taxes which may be levied without
The balance of the principal and interest on the Series 2004-A Bonds is payable from ad valorem taxes which may be levied
without limitation as to rate or amount upon all the taxable tangible property, real and personal, within the territorial limits of
the Issuer.
The Series 2004-B Bonds shall be general obligations of the Issuer payable as to both principal and interest from ad
valorem taxes which may be levied without limitation as to rate or amount upon all the taxable tangible property, real and
personal, within the territorial limits of the Issuer. Th; full faith, credit and resources of the Issuer are hereby irrevocably
pledged for the prompt payment of the principal of and interest on the Series 2004-B Bonds as the same become due.
The fill faith, credit and resources of the Issuer are hereby irrevocably pledged for the prompt payment of the principal
of and interest on the Bonds as the same become due.
Description of the Bonds
The Bonds shall consist of fully registered book-entry-only bonds in the denomination of $5,000 or any integral
multiples thereof, except one Series 2004-A Bond in denomination of $8,000 (or such amount added to $5,000 or an integral
multiple thereof) (the "Authorized Denomination") and shall be numbered in such manner as the Bond Registrar shall determine.
All of the Bonds shall be dated September 1, 2004, shall become due in the amounts, on the Stated Maturities, and subject to
redemption and payment, prior to their Stated Maturities, and shall bear interest at the rates per annum set forth on the inside
cover page of this Official Statement. The Bonds shall bear interest (computed on the basis of twelve 30-day months) from the
later of the Dated Date or the most recent Interest Payment Date to which interest has been paid on the Interest Payment Dates in
the manner hereinafter set forth.
Designation of Paying Agent and Bond Registrar
The Issuer will at all times maintain a paying agent and bond registrar.meeting the qualifications set forth in the Bond
Resolution. The.Issuerreserves the right to appoint a successor paying agent or bond registrar. No resignation or removal of the
paying agent or bond registrar shall become effective until a successor has been appointed and has accepted the duties of paying
agent or bond registrar. Every paying agent or bond registrar appointed by the Issuer shall at all times meet the requirements of
Kansas law and shall be approved by the Bond Insurer.
The Treasurer of the State of Kansas, Topeka, Kansas (the "Bond Registrar" and "Paying Agent"), has been designated
by the Issuer as paying agent for the payment of principal of and interest on the Bonds and bond registrar with respect to the
registration, transfer and exchange of Bonds.
Method and Place of Payment of the Bonds
The principal of, or Redemption Price, and interest on the Bonds shall be payable in any coin or currency which, on the
respective dates of payment thereof, is legal tender for the payment of public and private debts. The principal or Redemption
Price of each Bond shall be paid at Maturity to the Person in whose name such Bond is registered on the Bond Register at the
Maturity thereof, upon presentation and surrender of such Bond at the principal office of the Paying Agent.
The interest payable on each Bond on any Interest Payment Date shall be paid to the Owner of such Bond as shown on
the Bond Register at the close of business on the Record Date for such interest (a) by check or draft mailed by the Paying Agent
to the address of such Owner shown on the Bond Register or at such other address as is furnished to the Paying Agent in writing
by such Owner; or (b) in the case of an interest payment to any Owner of $500,000 or more in aggregate principal amount of
Bonds, by electronic transfer to such Owner upon written notice given to the Bond Registrar by such Owner, not less than 15
days prior to the Record Date for such interest, containing the electronic transfer instructions including the bank, ABA routing
number and account number to which such Owner wishes to have such transfer directed.
Notwithstanding the foregoing, any Defaulted Interest with respect to any Bond shall cease to be payable to the Owner
of such Bond on the 1-elevantRecord Date and shall be payable to the Owner in whose name such Bond is registered at the close
of business on the Special Record Date for the payment of such Defaulted Interest, which Special Record Date shall be fixed as
hereinafter specified. The Issuer shall notify the Paying Agent in writing of the amount of Defaulted Interest proposed to be paid
on each Bond and the date of the proposed payment (which date shall be at least 30 days after receipt of such notice by the
Paying Agent) and shall deposit with the Paying Agent an amount of money equal to the aggregate amount proposed to be paid
in respect of such Defaulted Interest. Following receipt of such funds the Paying Agent shall fix a Special Record Date for the
payment of such Defaulted Interest which shall be not more than 15 nor less than 10 days prior to the date of the proposed
payment. The Paying Agent shall notify the Issuer of such Special Record Date and shall cause notice of the proposed payment
of such Defaulted Interest and the Special Record Date therefor to be mailed, by first class mail, postage prepaid, to each Owner
of a Bond entitled to such notice not less than 10 days prior to such Special Record Date.
SO LONG AS CEDE & CO., REMAINS THE REGISTERED OWNER OF THE BONDS, THE PAYING
AGENT SHALL TIRANSMIT PAYMENTS TO THE SECURITIES DEPOSITORY, WHXCH SHALL REMIT SUCH
PAYMENTS IN ACCORDANCE WITH ITS NORMAL PROCEDURES. See "THE BONDS - Book-Entry Bonds;
Securities Depository."
Payments Due on Saturdays, Sundays and Holidays
In any case where a Bond Payment Date is not a Business Day, then payment of principal, Redemption Price or interest
need not be made on such Bond Payment Date but may be made on the next succeeding Business Day with the same force and
effect as if made on such Bond Payment Date, and no interest shall accrue for the period after such Bond Payment Date.
Book-Entry Bonds: Securities Depository
The Bonds shall initially'be registered to Cede & Co., the nominee for the Securities Depository, and no Beneficial
Owner will receive certificates representing their respective interests in the Bonds, except in the event the Bond Registrar
issues Replacement Bonds. It is anticipated that during the term of the Bonds, the Securities Depository will make book-
entry transfers anlong its Participants and receive and transmit payment of principal of, premium, if any, and interest on, the
Bonds to the Participants until and unless the Bond Registrar authenticates and delivers Replacement Bonds to the Beneficial
Owners as described in the following paragraphs.
The Issuer may decide, subject to the requirements of the Operational Arrangements of DTC (or a successor
Securities Depository), and the following provisions of this section to discontinue use of the system of book-entry transfers
through DTC (or a successor Securities Depository):
(a) If the Issuer determines (1) that the Securities Depository is unable to properly discharge its
responsibilities, or (2) that the Securities Depository is no longer qualified to act as a securities depository and
registered clearing agency under the Securities and Exchange Act of 1934, as amended, or (3) that the continuation
of a book-entry system to the exclusion of any Bonds being issued to any Owner other than Cede & Co. is no longer
(b) if the Bond Registrar receives written notice from Participants having interest in not less than 50%
of the Bonds Outstanding, as shown on the records of the Securities Depository (and certified to such effect by the
Securities Depository), that the continuation of a book-entry system to the exclusion of any Bonds being issued to
any Owner other than Cede &: Co. is no longer in the best interests of the Beneficial Owners of the Bonds, then the
Bond Registrar shall notify the Owners of such determination or such notice and of the availability of certificates to
owners requesting the same, and the Bond Registrar shall register in the name of and authenticate and deliver
Replacement Bonds to the Beneficial Owners or their nominees in principal amounts representing the interest of
each, making such adjustments as it may find necessary or appropriate as to accrued interest and previous calls for
redemption; provided, that in the case of a determination under (a)(l) or (a)(2) of this paragraph, the Issuer, with the
consent of the Bond Registrar, may select a successor securities depository in accordance with the following
paragraph to effect book-entry transfers.
In such event, all references to the Securities Depository herein shall relate to the period of time when the Securities
Depository has possession of at least one Bond. Upon the issuance of Replacement Bonds, all references herein to
obligations imposed upon or to be performed by the Securities Depository shall be deemed to be imposed upon and
performed by the Bond Registrar, to the extent applicable with respect to such Replacement Bonds. If the Securities
Depository resigns and the Issuer, the Bond Registrar or Owners are unable to locate a qualified successor of the Securities
Depository, then the Bond Registrar shall authenticate and cause delivery of Replacement Bonds to Owners, as provided
herein. The Bond Registrar may rely on information from the Securities Depository and its Participants as to the names of
the Beneficial Owners of the Bonds. The cost of printing, registration, authentication, and delivery of Replacement Bonds
shall be paid for by the Issuer.
In the event the Securities Depository resigns, is unable to properly discharge its responsibilities, or is no longer
qualified to act as a securities depository and registered clearing agency under the Securities and Exchange Act of .1934, as
amended, the Issuer may appoint a successor Securities Depository provided the Bond Registrar receives written evidence
satisfactory to the Bond Registrar with respect to the ability of the successor Securities Depository to discharge its
responsibilities. Any such successor Securities Depository shall be a securities depository which is a registered clearing
agency under the Securities and Exchange Act of 1934, as amended, or other applicable statute or regulation that operates a
securities depository upon reasonable and customary terms. The Bond Registrar upon its receipt of a Bond or Bonds for
cancellation shall cause the delivery of the Bonds to the successor Securities Depository in appropriate denominations and
form as provided in the Bond Resolution.
Registration, Transfer and Exchange of Bonds
As long as any of the Bonds remain Outstanding, each Bond when issued shall be registered in the name of the Owner
thereof on the Bond Resister. Bonds may be transferred and exchanged only on the Bond Register as hereinafter provided.
Upon surrender of any Bond at the principal office of the Bond Registrar, the Bond Registrar shall transfer or exchange such
Bond for a new Bond or Bonds in any authorized denomination of the same Stated Maturity and in the same aggregate principal
amount as the Bond that was presented for transfer or exchange. Bonds presented for transfer or exchange shall be accompanied
by a written instrument or instruments of transfer or authorization for exchange, in a form and with guarantee of signature
satisfactory to the Bond Registrar, duly executed by the Owner thereof or by the Owner's duly authorized agent.
In all cases in which the privilege of transferring or exchanging Bonds is exercised, the Bond Registrar shall
authenticate and deliver Bonds in accordance with the provisions of the Bond Resolution. The Issuer shall pay the fees and
expenses of the Bond Registrar for the registration, transfer and exchange of Bonds. Any additional costs or fees that might be
incurred in the secondary market, other than fees of the Bond Registrar, are the responsibility of the Owners of the Bonds. In the
event any Owner fails to provide a correct taxpayer identification number to the Paying Agent, the Paying Agent may make a
charge against such Owner sufficient to pay any governmental charge required to be paid as a result of such failure.
The Issuer and the Bond Registrar shall not be required (a) to register the transfer or exchange of any Bond that has
been called for redemption after notice of such redemption has been mailed by the Paying Agent and during the period of 15
days next preceding the date of mailing of such notice of redemption; or (b) to register the transfer or exchange of any Bond
during a period beginning at the opening of business on the day after receiving written notice from the Issuer of its intent to pay
Defaulted Interest and ending at the close of business on the date fixed for the payment of Defaulted Interest.
Mutilated, Lost, Stolen or Destroyed Bonds
If (a) any mutilated Bond is surrendered to the Bond Registrar or the Bond Registrar receives evidence to its
satisfaction of the destruction loss or theft of any Bond, and (b) there is delivered to the Issuer and the Bond Registrar such
security or indemnity as may be required by each of them, then, in the absence of notice to the Issuer or the Bond Registrar that
such Bond has been acquired by a bona fide purchaser, the Issuer shall execute and, upon the Issuer's request, the Bond Registrar
shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Bond, a new Bond of the
4
same Stated Maturity and of like tenor and principal amount. If any such mutilated, destroyed, lost or stolen Bond has become
or is about to become due and payable, the Issuer, in its discretion, may pay such Bond instead of issuing a new Bond. Upon the
issuance of any new Bond, the Issuer may require the payment by the Owner of a sum sufficient to cover any tax or other
governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the
Paying Agent) connected therewith.
Nonpresentment of Bonds
If any Bond is not presented for payment when the principal thereof becomes due at Maturity, if funds sufficient to
pay such Bond have been made available to the Paying Agent all liability of the Issuer to the Owner thereof for the payment
of such Bond shall forthwith cease, determine and be completely discharged, and thereupon it shall be the duty of the Paying
Agent to hold such funds, without liability for interest thereon, for the benefit of the Owner of such Bond, who shall
thereafter be restricted exclusively to such funds for any claim of whatever nature on his part under this Bond Resolution or
on, or with respect to, said Bond. If any Bond is not presented for payment within four (4) years following the date when
such Bond becomes due at Maturity, the Paying Agent shall repay to the Issuer the funds theretofore held by it for payment of
such Bond, and such Bond shall, subject to the defense of any applicable statute of limitation, thereafter be an unsecured
obligation of the Issuer, and the Owner thereof shall be entitled to look only to the Issuer for payment, and then only to the
extent of the amount so repaid to it by the Paying Agent, and the Issuer shall not be liable for any interest thereon and shall
not be regarded as a trustee of such money.
Redemption Provisions
Optional Redemption - Series 2004-A Bonds. At the option of the Issuer, Series 2004-A Bonds or portions thereof
-
Mandatoy Redemption Series 2004-A Bonds. The Series 2004-A Term Bonds shall be subject to mandatory
September 1 in each year, the following principal amounts of such Series 2004-A Term Bonds:
Principal
Amount -
Year
$325,000 2020
345,000 202 1
360,000 2022
380,000 2023
395,000 2024*
*Final Maturity.
Optio~zalRedemption - Series 2004-B Bonds. At the option of the Issuer, Series 2004-B Bonds or portions thereof
September 1, 2013, and thereafter as a whole or in part (selection of maturities and the amount of Bonds of each maturity to be
Mandatory Redemption - Series 2004-B Bonds. (a) Series 2004-B 2014 Term Bonds. The Series 2004-B 2014
Term Bonds shall be subject to mandatory redemption and payment prior to Stated Maturity pursuant to the mandatory
redemption requirements hereinafter set forth at a Redemption Price equal to 100% of the principal amount thereof plus accrued
interest to the Redemption Date. The payments which are to be deposited into the Debt Service Account shall be sufficient to
redeem and the Issuer shall redeem on September 1 in each year, the following principal amounts of such Series 2004-B 2014
Term Bonds:
Principal
Amount -
Year
$15,000 2005
15,000 2006
15.000 2007
*Final Maturity.
(b) Series 2004-B 2024 Tenn Bonds. The Series 2004-B 2024 Term Bonds shall be subject to mandatory
September 1 in each year, the following principal amounts of such Series 2004-B 2024 Term Bonds:
Principal
Amount -
Year
$25,000 2015
25,000 2016
30,000 2017
30,000 2018
30,000 2019
35,000 2020
35,000 202 1
40,000 2022
40,000 2023
45,000 2024*
*Final Maturity.
Selection of Bonds to be Redeen~ed.Bonds shall be redeemed only in an Authorized Denomination. When less than
all of the Bonds are to be redeemed and paid prior to their Stated Maturity, such Bonds shall be redeemed in such manner as the
Issuer shall determine, Bonds of less than a full Stated Maturity shall be selected by the Bond Registrar in minimum Authorized
Denomination in such equitable manner as the Bond Registrar may determine. In the case of a partial redemption of Bonds by
lot when Bonds of denominations greater than a minimum Authorized Denomination are then Outstanding, then for all purposes
in connection with such redemption each minimum Authorized Denomination of face value shall be treated as though it were a
separate Bond of a minimum Authorized Denomination. If it is determined that one or more, but not all, of the minimum
Authorized Denomination value represented by any Bond is selected for redemption, then upon notice of intention to redeem
such minimum Authorized Denomination, the Owner or the Owner's duly authorized agent shall forthwith present and surrender
such Bond to the Bond Registrar: (1) for payment of the Redemption Price and interest to the Redemption Date of such
minimum Authorized Denomination value called for redemption, and (2) for exchange, without charge to the Owner thereof, for
a new Bond or Bonds of the aggregate principal amount of the unredeemed portion of the principal amount of such Bond. If the
Owner of any such Bond fails to present such Bond to the Paying Agent for payment and exchange as aforesaid, such Bond
shall, nevertheless, become due and payable on the redemption date to the extent of the minimum Authorized Denomination
value called for redemption (and to that extent only).
Notice and Effect of Cull for Redemption. Unless waived by any Owner of Bonds to be redeemed, if the Issuer shall
call any Bonds for redemption and payment prior to the Stated Maturity thereof, the Issuer shall give written notice of its
intention to call and pay said Bonds to the Bond Registrar, the Bond Insurer and the Underwriter. In addition, the Issuer shall
cause the Bond Registrar to give written notice of redemption to the Owners of said Bonds. Each of said written notices shall
be deposited in the United States first class mail not less than 30 days prior to the Redemption Date.
All official notices of redemption.shal1be dated and shall contain the following information: (a) the Redemption Date;
(b) the Redemption Price; (c) if less than all Outstanding Bonds are to be redeemed, the identification (and, in the case of partial
redemption of any Bonds, the respective principal amounts) of the Bonds to be redeemed; (d) a statement that on the
Redemption Date the Redemption Price will become due and payable upon each such Bond or portion thereof called for
redemption and that interest thereon shall cease to accrue from and after the Redemption Date; and (e) the place where such
Bonds are to be surrendered for payment of the Redemption Price, which shall be the principal office of the Paying Agent. The
failure of any Owner to receive notice given as heretofore provided or an immaterial defect therein shall not invalidate any
redemption.
Prior to any Redemption Date, the Issuer shall deposit with the Paying Agent an amount of money sufficient to pay the
Redemption Price of all the Bonds or portions of Bonds that are to be redeemed on such Redemption Date. Official notice of
redemption having been given as aforesaid, the Bonds or portions of Bonds to be redeemed shall become due and payable on the
Redemption Date, at the Redemption Price therein specified, and from and after the Redemption Date (unless the Issuer defaults
in the payment of the Redemption Price) such Bonds or portion of Bonds shall cease to bear interest.
For so long as the Securities Depository is effecting book-entry transfers of the Bonds, the Bond Registrar shall provide
the notices specified to the Securities Depository. It is expected that the Securities Depository shall, in turn, notify its
Participants and that the Participants, in turn,will notify or cause to be notified the Beneficial Owners. Any failure on the part of
the Securities Depository or a Participant, or failure on the part of a nominee of a Beneficial Owner of a Bond (having been
mailed notice from the Bond Registrar, the Securities Depository, a Participant or otherwise) to notify the Beneficial Owner of
the Bond so affected, shall not affect the validity of the redemption of such Bond.
In addition to the foregoing notice, the Issuer shall provide such notices of redemption as are required by the Disclosure
Instructions. The Paying Agent is also directed to comply with any mandatory or voluntary standards then in effect for
processing redemptions of municipal securities established by the State or the Securities and Exchange Commission. Failure to
comply with such standards shall not affect or invalidate the redemption of any Bond.
THE DEPOSITORY TRUST COMPANY
The Depository Trust Company ("DTC"), New York, NY, will act as securities depository for the Bonds. The
Bonds will be issued as fully-registered bonds registered in the name of Cede & Co. (DTC's partnership nominee) or such
other name as may be requested by an authorized representative of DTC. One fully-registered Bond certificate will be issued
for each scheduled maturity of the Bonds, and will be deposited with DTC.
DTC, the world's largest depository, is a limited-purpose trust company organized under the New York Banking
Law, a "banking organization" within the meaning of the New York Banking Law, a member of the Federal Reserve System,
a "clearing corporation" within the meaning of the New York Uniform Commercial Code, and a "clearing agency" registered
pursuant to the provisions of Section 17A of the Securities Exchange Act of 1934. DTC holds and provides asset servicing
for over 2 million issues of U.S. and non-U.S. equity issues, corporate and municipal debt issues, and money market
instruments from over 85 countries that DTC's participants ("Direct Participants") deposit with DTC. DTC also facilitates
the post-trade settlement among Direct Participants of sales and other securities transactions in deposited securities, through
electronic computerized book-entry transfers and pledges between Direct Participants' accounts. This eliminates the need for
physical movement of securities certificates. Direct Participants include both U.S. and non-U.S. securities brokers and
dealers, banks, trust companies, clearing corporations, and certain other organizations. DTC is a wholly-owned subsidiary of
The Depository Trust & Clearing Corporation ("DTCC"). DTCC, in turn, is owned by a number of Direct Participants of
DTC and Members of the National Securities Clearing Corporation, Governme,nt Securities Clearing Corporation, MBS
Clearing Corporation, and Emerging Markets Clearing Corporation, (NSCC, GSCC, MBSCC, and EMCC, also subsidiaries
of DTCC), as well as by the New York Stock Exchange, Inc., the American Stock Exchange LLC, and the National
Association of Securities Dealers, Inc. Access to the DTC system is also available to others such as both U S . and non-U.S.
I securities brokers and dealers, banks, bust companies, and clearing corporations that clear through or maintain a custodial
relationship with a Direct Participant, either directly or indirectly ("Indirect Participants"). DTC has Standard & Poor's
highest rating: "AAA." The DTC Rules applicable to its Direct Participants and Indirect Participants (collectively, the
"Participants") are on file with the Securities and Exchange Commission. More information about DTC can be found at
u~vw.dtcc.com.
Purchases of Bonds under the DTC system must be made by or through Direct Participants, which will receive a
credit for the Bonds on DTC's records. The ownership interest of each actual purchaser of each Bond ("Beneficial Owner")
is in turn to be recorded on the Direct and Indirect Participants' records. Beneficial Owners will not receive written
confirmation from DTC of their purchase. Beneficial Owners are, however, expected to receive written confirmations
providing details of the transaction, as well as periodic statements of their holdings, from the Direct or Indirect Participant
through which the Beneficial Owner entered into the transaction. Transfers of ownership interests in the Bonds are to be
accomplished by entries made on the books of Participants acting on behalf of Beneficial Owners. Beneficial Owners will
not receive certificates representing their ownership interests in Bonds, except in the event that use of the book-entry system
for the Bonds is discontinued.
To facilitate subsequent transfers, all Bonds deposited by Direct Participants with DTC are registered in the name of
DTC's partnership nominee, Cede & Co., or such other name as may be requested by an authorized representative of DTC.
The deposit of Bonds with DTC and their registration in the name of Cede & Co. or such other DTC nominee do not effect
any change in beneficial ownership. DTC has no knowledge of the actual Beneficial Owners of the Bonds; DTC's records
reflect only the identity of the Direct Participants to whose accounts such Bonds are credited, which may or may not be the
Beneficial Owners. The Participants will remain responsible for keeping account of their holdings on behalf of their
customers.
Conveyance of notices and other communications by DTC to Direct Participants, by Direct Participants to Indirect
Participants, and by Participants to Beneficial Owners will be governed by arrangements among them, subject to any
statutory or regulatory requirements as may be in effect from time to time. Beneficial Owners of Bonds may wish to take
certain steps to augment the transmission to them of notices of significant events with respect to the Bonds, such as
redemptions, tenders, defaults, and proposed amendments to the Bond documents. For example, Beneficial Owners of Bonds
may wish to ascertain that the nominee holding the Bonds for their benefit has agreed to obtain and transmit notices to
Beneficial Owners. In the alternative, Beneficial Owners may wish to provide their names and addresses to the registrar and
request that copies of notices be provided directly to them.
Redemption notices shall be sent to DTC. If less than all of the Bonds within an issue are being redeemed, DTC's
practice is to determine by lot the amount of the interest of each Direct Participant in such issue to be redeemed.
Neither DTC nor Cede & Co. (nor any other DTC nominee) will consent or vote with respect to Bonds unless
authorized by a Direct Participant in accordance with DTC's Procedures. Under its usual procedures, DTC mails an
Omnibus Proxy to Issuer as soon as possible after the record date. The Omnibus Proxy assigns Cede & Co.'s consenting or
voting rights to those Direct Participants to whose accounts Bonds are credited on the record date (identified in a listing
attached to the Omnibus Proxy).
Redemption proceeds, distributions, and dividend payments on the Bonds will be made to Cede 8i Co., or such other
nominee as may be requested by an authorized representative of DTC. DTC's practice is to credit Direct Participants'
accounts upon DTC's receipt of finds and corresponding detail information from the Issuer or Paying Agent, on payable date
in accordance with their respective holdings shown on DTC's records. Payments by Participants to Beneficial Owners will
be governed by standing instructions and customary practices, as is the case with securities held for the accounts of customers
in bearer form or registered in "street name," and will be the responsibility of such Participant and not of DTC nor its
nominee, the Paying Agent, or the Issuer, subject to any statutory or regulatory requirements as may be in effect from time to
time. Payment of redemption proceeds, distributions, and dividend payments to Cede & Co. (or such other nominee as may
be requested by an authorized representative of DTC) is the responsibility of the Issuer or Paying Agent, disbursement of
such payments to Direct Participants will be the responsibility of DTC, and disbursement of such payments to the Beneficial
Owners will be the responsibility of Direct and Indirect Participants.
DTC may discontinue providing its services as depository with respect to the Bonds at any time by giving
reasonable notice to Issuer or Paying Agent. Under such circumstances, in the event that a successor depository is not
obtained, Bond certificates are required to be printed and delivered.
The Issuer may decide, subject to the requirements of the Operational Arrangements of DTC, to discontinue use of
the system of book-entry transfers through DTC (or a successor securities depository). In that event, Bond certificates will be
printed and delivered.
The information in this section concerning DTC and DTC's book-entry system has been obtained from sources that
the Issuer believes to be reliable, but Issuer takes no responsibility for the accuracy thereof.
THE PROJECTS
The Series 2004-A Bonds are being issued for the purpose of providing permanent financing for the construction of
certain internal improvements (the "Irrrprovements"), more specifically described as follows:
Project Description Ord/Res No. Authority Amount

Stratford Place Addition - Sanitary Sewer Line 1-969 12-6a01 et seq. $ 54,843.74
31-E)
1-968 12-6a01 et seq. 37,373.08
Improvements (Sewer District No. 19-E)
1-970 12-6a01 et seq. 165,410.88
1-963 and 12-6a01 et seq. 77,076.03
Autumn Glen Addition - Water Line Extension 1-1005
Improvements (Water District No. 23-A)
8
Autumn Glen Addition - Sanitary Sewer Line 1-962 12-6a01 et seq. 147,167.54
34-A)
1-964 12-6a01 et seq. 323,553.64
Autumn Glen Addition - Street Improvements
Improvements
33-B)
Westhaven Third Addition - Water Line 1-972 12-6a01 et seq. 25.459.24
Extension Improvements (Water District No.
11-D)
Line Extension Improvements (Sewer District
No. 10-R)
Extension Improvements (Sewer District No. 1-
A)
Westhaven Third Addition - Street1 1-973 12-6a01 et seq. 127,657.75
Improvements
Autumn Glen 1st and 2nd Additions - Water I 1-978 12-6a01 et seq. 89,850.57
Line Extension Improvements (Water District
NO. 23-B)
Autumn Glen 1st and 2nd Additions - Sanitary 1-977 12-6a01 et seq. 113,505.54
Sewer Line Extension Improvements (Sewer
District No. 34-B)
Improvements
Wheatridge Addition - Street Improvements 1 I-973-B 12-6a01 et seq. 39,775.85
(Phase 111)
Westwood Addition - Sanitary Sewer Line 1-985 12-6a01 etseq. 91,115.77
35-A)
TFDM Addition - Street Improvements 1-981 12-6a01 et seq. 3 10,256.31
29-H)
Stratford Place Addition - Sanitary Sewer Line 1-987 12-6a01 et seq. 54,023.00
3 1-F)
1-986 12-6a01 et seq. 58,834.30
Improvements (Water District No. 19-F)
1-991 12-6a01 et seq. 322,013.82
30-A4)
Turkey Red Village Addition and Wheatridge 1-994 12-6a01 et seq. 71,358.49
Addition- Street Improvements
Total Special Assessnler~tImprovements $3,402,968.18
Project Description ( OrdIRes No. 1 Authority I Amount
Hangar E Improvements I G-791 [ 13-1024a, as amended 1 $ 18,862.00
No. 35 of the City
Waterline Relocation - Broadway and Interstate G-797 65-163d through - 65- 43,465.82
135 16311
Airport Building Improvements G-791 13-1024a, as amended 27,049.00
No. 35 of the City
Airport Improvements FAA '14" G-818 13-1024a, as amended 94,044.05
No. 35 ofthe City
West T Hangar Extension G-833 13-1024a, as amended , 350,941.02
I 1 by Charter Ordinance 1
No. 35 ofthe City
Skytile (Park Improvements) 1-976 13-1024a, as amended 197,370.04
No. 35 of the City
Library Public Building Improvements 1-975 12-1736 etseq. 11.767.00
Recreation Center Public Building 12-1736 etseq.
Service Center Public Building Improvements 1-992 12-1736 et seq. 9 15,775.00
Main Trafficway Improvements - West 1st Ord. Nos. 3953 12-685 et seq. 256,277.05
Street from Meridian Road to Elm Street; and and 4289-99;
West Broadway from Meridian Road to Elm Res. Nos. 1-996
Street and 997
I I I
I I I
Total Capital Improvenlents 1 $2,023,199.31
THE REFUNDING PLAN

The Issuer has heretofore issued and has Outstanding its Taxable General Obligation Bonds, Series 2001-B, dated
August 15, 2001, all of which will be refunded with the proceeds of the Series 2004-B Bonds (the "Refunded Bonds") in
accordance with the following schedule:
Maturity Maturity Interest Redemption Redemption

Amount Date -
Rate -
Date Price -
$325,000 09/=005 7.00% September 1,2004 100%
7.00 September 1,2004 100
7.00 September 1,2004 100
7.00 September 1,2004 100
7.00 September 1,2004 100
7.00 September 1,2004 100
7.00 September 1,2004 100

SOURCES AND USES OF FUNDS
The following table itemizes the sources and uses of funds, exclusive of accrued interest.

Principal Amount of the Bonds $5,323,000.00 $5 15,000.00
Prepaid special assessments 103,167.49
Net Original Issue Premium 94.247.80
Total
Uses of Funds:
Special Assessment Project Costs
Capital Improvements
Redemption Fund Deposit
Underwriter's Discount
Legal, fmncial, printing, registration, bond
costs of issuance
RISKFACTORS AND INVESTMENT CONSIDERATIONS
A PROSPECTIE PURCHASER OF THE BONDS DESCRIBED HEREIN SHOULD BE A WARE THAT THERE ARE
CERTAIN RISKS ASSOCIATED MTH THE BONDS WHICH MUST BE RECOGNIZED. THE FOLLOWING
STATEMENTS REGARDING CERTAIN RISKS ASSOCIATED WITH THE OFFERING SHOULD NOT BE
CONSIDERED AS A COMPLETE DESCRIPTION OF ALL RISKS TO BE CONSIDERED IN THE DECISION TO
PURCHASE THE BONDS. PROSPECTIE PURCHASERS OF THE BONDS SHOULD ANALYZE CAREFULLY THE
INFORMATION CONTMNED IN THIS OFFICIAL STATEMENT AND ADDITIONAL INFORMATION IN THE
FORM OF THE COMPLETE DOCUMENTS SUMMARIZED HEREIN, COPIES OF WHICH ARE AVRlLABLE AND
MAY BE OBTATNED FROM THE ISSUER OR THE UNDERIVIUTER.
Taxation of Interest on the Bonds
An opinion of Bond Counsel will be obtained to the effect that interest earned on the Series 2004-A Bonds is
excludable from gross income for federal income tax purposes under current provisions of the Internal Revenue Code of 1986,
as amended (the "Code"), and applicable rulings and regulations under the Code; however, an application for a ruling has not
been made and an opinion of counsel is not binding upon the Internal Revenue Service. There can be no assurance that the
present provisions of the Code, or the rules and regulations thereunder, will not be adversely amended or modified, thereby
rendering the interest earned on the Series 2004-A Bonds includable in gross income for federal income tax purposes.
The Issuer has covenanted in the Series 2004-A Bond Resolution and in other documents and certificates to be
delivered in connection with the issuance of the Series 2004-A Bonds to comply with the provisions of the Code, including those
which require the Issuer to take or omit to take certain actions after the issuance of the Series 2004-A Bonds. Because the
existence and continuation of the excludability of the interest on the Series 2004-A Bonds depends upon events occurring after
the date of issuance of the Series 2004-A Bonds, the opinion of Bond Counsel described under "LEGAL MATTERS" assumes
the compliance by the Issuer with the provisions of the Code described above and the regulations relating thereto. No opinion is
expressed by Bond Counsel with respect to the excludability of the interest on the Series 2004-A Bonds in the event of
noncompliance with such provisions. The failure of the Issuer to comply with the provisions described above may cause the
interest on the Series 2004-A Bonds to become includable in gross income as of the date of issuance.
Market for the Bonds
Secondary Market. There is no assurance that a secondary market will develop for the purchase and sale of the Bonds.
It is the present practice of the Undenvriter, however, to make a secondary market as dealers in issues of municipal bonds which
the Underwriter distributes. The Undenvriter intends to continue this practice with respect to the Bonds, but is not obligated to
do so. Prices of bonds traded in the secondary market, though, are subject to adjustment upward and downward in response to
changes in the credit markets. From time to time it may be necessary for the Underwriter to suspend indefinitely secondary
market trading in the Bonds as a result of the financial condition or market position of the Underwriter, prevailing market
conditions, lack of adequate current financial information about the Issuer, or a material adverse change in the financial
condition of the Issuer, whether or not the Bonds are in default as to principal and interest payments, and other factors which in
the opinion of the Underwriter may give rise to uncertainty concerning prudent secondary market practices.
Premium on Bonds
The initial offering prices of certain maturities of the Bonds that are subject to optional redemption are in excess of the
respective principal amounts thereof. Any person who purchases a Bond in excess of its principal amount, whether during the
initial offering or in a secondary market transaction, should consider that the Bonds are subject to redemption at par under the
various circumstances described under "THE BONDS - Redemption of Bonds".
Legal Matters
Various state and federal laws, regulations and constitutional provisions apply to the obligations created by the Bonds.
There is no assurance that there will not be any change in, interpretation of, or addition to such applicable laws, provisions and
regulations which would have a material effect, either directly or indirectly, on the Issuer or the taxing authority of the Issuer.
Limitations on Remedies Available to Owners of Bonds
The enforceability of the rights and remedies of the owners of Bonds, and the obligations incurred by the Issuer in
issuing the Bonds, are subject to the following: the federal Bankruptcy Code and applicable bankruptcy, insolvency,
reorganization, moratorium, or similar laws relating to or affecting the enforcement of creditors' rights generally, now or
hereafter in effect; usual equity principles whch may limit the specific enforcement under state law of certain remedies; the
exercise by the United States of America of the powers delegated to it by the United States Constitution; and the reasonable and
necessary exercise, in certain unusual situations, of the police power inherent in the State of Kansas and its governmental
subdivisions in the interest of serving a legitimate and significant public purpose. Bankruptcy proceedings, or the exercise of
powers by the federal or state government, if initiated, could subject the owners of the Bonds to judicial discretion and
interpretation of their rights in bankruptcy and otherwise, and consequently may involve risks of delay, limitation or
modification of their rights.
Suitability of Investment
The tax exempt feature of the Series 2004-A Bonds is more valuable to high tax bracket investors than to investors who
are in low tax brackets, and so the value of the interest compensation to any particular investor will vary with individual tax
rates. Each prospective investor should carefully examine this Official Statement, including the Appendices hereto, and its own
financial condition to make a judgment as to its ability to bear the economic risk of such an investment, and whether or not the
Bonds are an appropriate investment.
THE MBIA INSURANCE CORPORATION INSURANCE POLICY
The following information has been furnished by MBIA Insurance Corporation ("MBIA") for use in this Official
Statement. Reference is made to Appendix D for a specimen of MBIA's policy.
MBlA's policy unconditionally and irrevocably guarantees the full and complete payment required to be made by or
on behalf of the Issuer to the Paying Agent or its successor of an amount equal to (i) the principal of (either at the stated
maturity or by an advancement of maturity pursuant to a mandatory sinking fund payment) and interest on, the Bonds as such
payments shall become due but shall not be so paid (except that in the event of any acceleration of the due date of such
principal by reason of mandatory or optional redemption or acceleration resulting from default or otherwise, other than any
advancement of maturity pursuant to a mandatory sinking fund payment, the payments guaranteed by MBIA's policy shall be
made in such amounts and at such times as such payments of principal would have been due had there not been any such
acceleration); and (ii) the reimbursement of any such payment which is subsequently recovered from any owner of the Bonds
pursuant to a final judgment by a court of competent jurisdiction that such payment constitutes an avoidable preference to
such owner within the meaning of any applicable bankruptcy law (a "Preference").
MBIA's policy does not insure against lo'ss of any prepayment premium which may at any time be payable with
respect to any Bonds. MBIA's policy does not, under any circumstance, insure against loss relating to: (i) optional or
mandatory redemptions (other than mandatory sinking fund redemptions); (ii) any payments to be made on an accelerated
basis; (iii) payments of the purchase price of Bonds upon tender by an owner thereof; or (iv) any Preference relating to (i)
through (iii) above. MBIA's policy also does not insure against nonpayment of principal of or interest on the Bonds resulting
from the insolvency, negligence or any other act or omission of the Paying Agent or any other paying agent for the Bonds.
Upon receipt of telephonic or telegraphic notice, such notice subsequently c o n f i i e d in writing by registered or
certified mail, or upon receipt of written notice by registered or certified mail, by MBIA from the Paying Agent or any owner
of a Bond the payment of an insured amount for which is then due, that such required payment has not been made, MBIA on
the due date of such payment or within one business day after receipt of notice of such nonpayment, whichever is later, will
make a deposit of funds, in an account with U.S. Bank Trust National Association, in New York, New York, or its successor,
sufficient for the payment of any such insured amounts which are then due. Upon presentment and surrender of such Bonds
or presentment of such other proof of ownership of the Bonds, together with any appropriate instruments of assignment to
evidence the assignment of the insured amounts due on the Bonds as are paid by MBIA, and appropriate instruments to effect
the appointnient of MBIA as agent for such owners of the Bonds in any legal proceeding related to payment of insured
amounts on the Bonds, such instruments being in a form satisfactory to U.S. Bank Trust National Association, U.S. Bank
Trust National Association shall disburse to such owners or the Paying Agent payment of the insured amounts due on such
Bonds, less any amount held by the Paying Agent for the payment of such insured amounts and legally available therefor.
MBIA
MBIA Insurance Corporation ("MBIA") is the principal operating subsidiary of MBIA Inc., a New York Stock
Exchange listed company (the "Company"). The Company is not obligated to pay the debts of or claims against MBIA.
MBIA is domiciled in the State of New York and licensed to do business in and subject to regulation under the laws of all 50
states, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, the
Virgin Islands of the United States and the Territory of Guam. MBIA has three branches, one in the Republic of France, one
in the Republic of Singapore and one in the Kingdom of Spain. New York has laws prescribing minimum capital
requirements, limiting classes and concentrations of investments and requiring the approval of policy rates and forms. State
laws also regulate the amount of both the aggregate and individual risks that may be insured, the payment of dividends by
MBIA, changes in control and transactions among affiliates. Additionally, MBIA is required to maintain contingency
reserves on its liabilities in certain amounts and for certain periods of time.
MBIA does not accept any responsibility for the accuracy or completeness of this Official Statement or any
information or disclosure contained herein, or omitted herefiom, other than with respect to the accuracy of the information
regarding the policy and MBIA set forth under the heading "THE MBIA INSURANCE CORPORATION INSURANCE
POLICY." Additionally, MBIA makes no representation regarding the Bonds or the advisability of investing in the Bonds.
The Financial Guarantee Insurance Policies are not covered by the Property/Casualty Insurance Security Fund
specified in Article 76 of the New York Insurance Law.
MBIA Information
The following documents filed by the Company with the Securities and Exchange Commission (the "SEC") are
incorporated herein by reference:
(1) The Company's Annual Report on Form 10-K for the year ended December 3 1,2003; and
(2) The Company's Quarterly Report on Form 10-Q for the quarter ended March 3 1,2004.
Any documents filed by the Company pursuant to Sections 13(a), 13(c), 14 or 15(d) of the Exchange Act of 1934, as
amended, after the date of this Official Statement and prior to the termination of the offering of the Bonds offered hereby
shall be deemed to be incorporated by reference in this Official Statement and to be a part hereof. Any statement contained
in a document incorporated or deemed to be incorporated by reference herein, or contained in this Official Statement, shall be
deemed to be modified or superseded for purposes of this Official Statement to the extent that a statement contained herein or
in any other subsequently filed document which also is or is deemed to be incorporated by reference herein modifies or
supersedes such statement. Any such statement so modified or superseded shall not be deemed, except as so modified or
superseded, to constitute a part of this Official Statement.
The Company files annual, quarterly and special reports, information statements and other information with the SEC
under File No. 1-9583. Copies of the SEC filings (including (1) the Company's Annual Report on Form 10-K for the year
ended December 31,2003, and (2) the Company's Quarterly Report on Form 10-Q for the quarter ended March 31,2004) are
available (i) over the Internet at the SEC's web site at http:iiwuw.sec.gov; (ii) at the SEC's public reference room in
Washington D.C.; (iii) over the Internet at the Company's web site at http://www.mbia.com; and (iv) at no cost, upon request
to MBIA Insurance Corporation, 113 King Street, Armonk, New York 10504. The telephone number of MBIA is (914)
273-4545.
As of December 31, 2003, MBIA had admitted assets of $9.9 billion (audited), total liabilities of $6.2 billion
(audited), and total capital and surplus of $3.7 billion (audited) determined in accordance with statutory accounting practices
prescribed or permitted by insurance regulatory authorities. As of March 3 1,2004 MBIA had admitted assets of $10.3 billion
(unaudited), total liabilities of $6.5 billion (unaudited), and total capital and surplus of $3.8 billion (unaudited) determined in
accordance with statutory accounting practices prescribed or permitted by insurance regulatory authorities.
Financial Strength Ratings of MBIA
Moody's Investors Service, Inc. rates the financial strength of MBIA "Aaa."
Standard & Poor's, a division of The McGraw-Hill Companies, Inc. rates the financial strength of MBIA "AAA."
Fitch Ratings rates the financial strength of MBIA "AAA."
Each rating of MBIA should be evaluated independently. The ratings reflect the respective rating agency's current
assessment of the creditworthmess of MBIA and its ability to pay claims on its policies of insurance. Any further
explanation as to the significance of the above ratings may be obtained only from the applicable rating agency.
The above ratings are not recommendations to buy, sell or hold the Bonds, and such ratings may be subject to
revision or withdrawal at any time by the rating agencies. Any downward revision or withdrawal of any of the above ratings
may have an adverse effect on the market price of the Bonds. MBIA does not guaranty the market price of the Bonds nor
does it guaranty that the ratings on the Bonds will not be revised or withdrawn.
BOND RATINGS
Standard & Poor's Ratings Services, a division of the McGraw-Hill Companies, Inc., has assigned the rating of "AAA"
to the Bonds with the understanding that upon delivery of the Bonds, a policy insuring the payment when due of the principal of
and interests on the Bonds will be issued by the Bond Insurer. Such rating reflects only the view of such rating agency, and an
explanation of the significance of such rating may be obtained therefrom. No such rating constitutes a recommendation to buy,
sell, or hold any bonds, including the Bonds, or as to the market price or suitability thereof for a particular investor. The Issuer
h s h e d such rating agency with certain information and materials relating to the Bonds that have not been included in this
Official Statement. Generally, rating agencies base their ratings on the information and materials so furnished and on
investigations, studies and assumptions by the rating agencies. There is no assurance that a particular rating will remain in effect
for any given period of time or that it will not be revised, either downward or upward, or withdram entirely, if in the judgment
of the agency originally establishing such rating, circumstances so warrant. Any downward revision or withdrawal of any rating
may have an adverse affect on the market price of the Bonds.
ABSENCE OF LITIGATION
The Issuer, in the ordinary course of business, is a party to various legal proceedings. In the opinion of management of
the Issuer, any judgment rendered against the Issuer in such proceedings would not materially adversely effect the fmancial
position of the Issuer.
The Issuer certifies that there is no controversy, suit or other proceeding of any kind pending or threatened wherein or
whereby any question is raised or may be raised, questioning, disputing or affecting in any way the legal organization of the
Issuer or its boundaries, or the right or title of any of its officers to their respective offices, or the legality of any official act or the
constitutionality or validity of the indebtedness represented by the Bonds or the validity of said Bonds, or any of the proceedings
had in relation to the authorization, issuance or sale thereof, or the levy and collection of a tax to pay the principal and
interest thereof.
LEGAL MATTERS
Approval of Bonds. All matters incident to the authorization and issuance of the Bonds are subject to the approval of
Gilmore &: Bell, P.C., Wichlta, Bond Counsel. The factual and financial information appearing herein has been supplied or
reviewed by certain officials of the Issuer and its certified public accountants, as referred to herein. Bond Counsel has
participated in the preparation of the Official Statement but expresses no opinion as to the accuracy or sufficiency thereof, except
for the matters appearing in the sections of this Official Statement captioned "THE BONDS," "LEGAL MATTERS,"
"APPENDIX C - SUMMARY OF FINANCING DOCUMENTS." Payment of the legal fee of Bond Counsel is contingent
upon the delivery of the Bonds. Certain legal matters have been passed on for the Issuer by Robert Myers, Esq.
Opinion of Bond Caunsel
Federal Tax Exemption - Series 2004-A Bonds. In the opinion of Bond Counsel, under existing law, the interest on
the Series 2004-A Bonds (including any original issue discount properly allocable to an owner thereof) is excluded fiom gross
income for federal income tax purposes and is not an item of tax preference for purposes of the federal alternative minimum tax
imposed on individuals and corporations. It should be noted, however, that for the purpose of computing the alternative
minimum tax imposed on corporations (as defined for federal income tax purposes), such interest is taken into account in
determining adjusted current earnings. The opinions set forth in this paragraph are subject to the condition that the Issuer
comply with all requirements of the Internal Revenue Code of 1986, as amended (the "Code") that must be satisfied subsequent
to the issuance of the Series 2004-A Bonds in order that interest thereon be, or continue to be, excluded from gross income for
federal income tax purposes. The Issuer has covenanted to comply with all such requirements. Failure to comply with certain of
such requirements may cause interest on the Series 2004-A Bonds to be included in gross income for federal income tax
purposes retroactive to the date of issuance of the Series 2004-A Bonds. The Series 2004-A Bonds are "qualified tax-exempt
obligations" for purposes of Code $265(b)(3), and, in the case of certain financial institutions (within the meaning of Code
$265(b)(5)), a deduction is allowed for 80% of that portion of such financial institutions' interest expense allocable to interest on
the Bonds.
No Federal Tax Exemption - Series 2 0 0 4 4 Bonds. Bond Counsel will express the opinion that the interest on the
Series 2004-B Bonds is not excluded from gross income for federal income tax purposes.
Original Issue Discount. In the opinion of Bond Counsel, subject to the conditions set forth above, the original issue
discount in the selling price of each Series 2004-A Bond originally sold at a price of less than 100% as set forth on the inside
cover hereof (hereinafter referred to as the " O D Bonds"), to the extent properly allocable to each owner of such Series 2004-A
Bond, is excluded fiom gross income for federal income tax purposes with respect to such owner. Original issue discount is the
excess of the stated redemption price at maturity of an O D Bond over the initial offering price to the public (excluding
underwriters and intermediaries) at which price a substantial amount of the O D Bonds were sold. Under Code $ 1272 and
1288, original issue discount on tax-exempt bonds accrues on a compound basis. The amount of original issue discount that
accrues during any accrual period generally equals (a) the issue price of such OID Bond plus the amount of original issue
discount accrued in all prior accrual periods, multiplied by (b) the yield to maturity of such 0 1 . Bond (determined on the basis
of compounding at the close of each accrual period and properly adjusted for the length of the accrual period), less (c) any
interest payable on such O D Bond during such accrual period. The amount of original issue discount so accrued in a particular
accrual period will be considered to be received ratably on each day of the accrual period, will be excluded from gross income
for federal income tax purposes, and will increase the owner's tax basis in such O D Bond. Owners of OID Bonds should
consult with their individual tax advisors to determine whether they are required to include, for State and local income tax
purposes, an amount of interest on the O D Bonds as income even though no corresponding cash interest payment is actually
received during the tax year.
Tau Treatment of Premium on the Bonds. Certain maturities of the Series 2004-A Bonds will be initially reoffered at
a price in excess of the principal amount thereof as set forth on the inside cover hereof (the "Premium Bonds"). Under the Code,
the difference between the purchase price (excluding accrued interest) and the principal amount of Premium Bonds to an Owner
(other than an Owner who holds a Premium Bond as inventory, stock in trade or for sale to customers in the ordinary course of
business) is "bond premium". Bond premium is amortized over the term of a Premium Bond for federal income tax purposes,
and an Owner is required to decrease his cash basis in a Premium Bond by the amount of amortizable bond premium
attributable to each taxable year he holds the Premium Bond. The amount of the amortizable bond premium attributable to each
tax year is determined on an actuarial basis at a constant interest rate compounded on each interest payment date. The
amortizable bond premium attributable to a taxable year is not deductible for federal income tax purposes. Premium
Bondowners should consult their own tax advisors with respect to the precise determination for federal income tax purposes of
the treatment of bond premium upon sale, redemption or other disposition of Premium Bonds and with respect to the state and
local consequences of owning and disposing of Premium Bonds.
Kansas Tax Exemption. The interest on the Bonds is excluded fiom computation of Kansas adjusted gross income.
Other Tax Consequences. Bond Counsel expresses no opinion regarding other federal or state tax consequences
arising with respect to the Bonds. However, prospective purchasers of the Bonds should be aware that there may be tax
consequences of purchasing the Bonds other than those discussed under the caption "Opinion of Bond Counsel," including
the following:
(a) Code $265 denies a deduction for interest on indebtedness incurred or continued to purchase or carry the Series
2004-A Bonds, except with respect to certain financial institutions (within the meaning of Code $265(b)(5)); (b) with respect to
insurance companies subject to the tax imposed by Code $831, Code $832@(5)(B)(i) reduces the deduction for loss reserves by
15 percent of the sum of certain items, including interest on the Series 2004-A Bonds; (c) interest on the Series 2004-A Bonds
earned by certain foreign corporations doing business in the United States could be subject to a branch profits tax imposed by
15
Code $884; (d) passive investment income, including interest on the Series 2004-A Bonds, may be subject to federal income
taxation under Code $ 1375 for Subchapter S corporations that have Subchapter C earnings and profits at the close of the taxable
year, if greater than 25% of the gross receipts of such Subchapter S corporation is passive investment income; and (e) Code $86
of the Code requires recipients of certain Social Security and certain Railroad Retirement benefits to take into account, in
determining gross income, receipts or accruals of interest on the Series 2004-A Bonds. Bond Counsel expresses no opinion
regarding these tax consequences. Purchasers of the Bonds should consult their own tax advisors as to the applicability of these
tax consequences.
UNDERWRITING
The Series 2004-A Bonds are being purchased for reoffering by the Underwriter at a price equal to 100% of the
principal amount of the Series 2004-A Bonds, plus accrued interest from the Dated Date to the Issue Date, less an underwriting
discount of $58,380.00, plus an original issue premium of $114,436.15, less an original issue discount of $20,188.35.
The Series 2004-B Bonds are being purchased for reoffering by the Underwriter at a price equal to 100% of the
principal amount of the Bonds, plus accrued interest fiom the Dated Date to the Issue Date.
The Bond Purchase Agreement provides that the Underwriter will purchase all of the Bonds if any are purchased. The
obligation of the Underwriter to accept delivery .of the Bonds is subject to various conditions contained in the Bond
Purchase Agreement.
The Bonds will be offered to the public initially at the prices determined to produce the yield to maturity or to call as
set forth on the inside cover page of this Official Statement. The Undemiiter may offer and sell the Bonds to certain dealers
(including dealers depositing the Bonds into investment trusts) at prices other than the price stated on the inside cover page
hereof and may change the initial offering price from time to time subsequent to the date hereof In connection with the offering,
the Underwriter may overallot or effect transactions which stabilize or maintain the market price of the Bonds at a level above
that which might otherwise prevail in the open market. Such stabilizing, if commenced, may be discontinued at any time.
AUTHORIZATION OF OFFICIAL STATEMENT

The preparation of this Official Statement and its distribution has been authorized by the governing body of the Issuer
as of the date on the cover page hereof. This Official Statement is submitted in connection with the issuance of the Bonds and
may not be reproduced or used as a whole or in part for any other purpose. This Official Statement does not constitute a contract
between the Issuer or the Underwriter and any one or more of the purchasers, Owners or Beneficial Owners of the Bonds
CITY OF NEWTON, KANSAS fl
By
/
Q z
2 &d?w
sl Willis G. Heck

(THIS PAGE INTENTIONALLY LEFT BLANK)
APPENDLX A
INFORMATION CONCERNING THE ISSUER
GENERAL
Sue and Location
The City of Newton, Kansas (the "City" or the "Issuer") is the county seat of Harvey County, Kansas, and is located
approximately 20 miles north of Wichita, Kansas. The City encompasses approximately 10.625 square miles and is the largest
city in Harvey County with a current estimated population of 17,977 persons.
Government and Organization of the Issuer
The City was incorporated in 1872 and became a city of the first class in 1969. The City operates under a
Commission-Manager form of government. The five members of the City Commission are elected to four-year terms, with no
more than three elected in each odd-numbered year. The City Manager is appointed by the Commission and is charged with the
efficient and effective administration of the City.,
Name Title Term Expires

Willis G. Heck Mayor April 2005
Grant Scott Commissioner April 2007
Susan Jones Commissioner April 2005
Todd Loescher Commissioner April 2005
Matt Treaster Commissioner April 2007
Name Title
James M. Heinicke City Manager
Ronald R. Ahsmuhs city ~ler!&nance Director
Robert D. Myers City Attorney
Municipal Services and Utilities
The City owns and operates its own water and sewer utility systems. Westar Energy supplies both electricity and
natural gas to the area. Telephone service is provided by SBC. Cox Communications operates a cable television system.
The City has 29 sworn police officers and 40 firefighters which provide continuous full-time protection to the City.
The City also operates an emergency ambulance service for the area.
Transportation and Con~municationFacilities
The Newton area is served by the Burlington NorthernISanta Fe Railroad which also serves a portion of Harvey
County. The City is located at the junction of the four-lane, divided, north-south Interstate 135 and the two-lane, east-west
U.S. Highway 50. Interstate 70, a east-west divided, four-lane highway runs 60 miles north of the City. The CityiCounty
airport is located within three miles of the intersection of U.S. Highway 50 and 1-135 in Newton. The airport, managed by
the City, has a 7,000 foot runway that will accommodate commercial jets and a 3,500 foot crosswind runway that is capable
of handling private and corporate aircraft. Regularly scheduled air service is available at Mid-Continent Airport, located
in Wichita.
Educational Institutions and Facilities
Unified School District No. 373 provides education for students from kindergarten through high school for students
of the City and surrounding area. As of the 2004t2005 fall semester, the district had an estimated enrollment of
approximately 3,490 students. In addition, there are two parochial schools located in the City and Bethel College, a private
four-year college, is located just north of the City.
Medical and Health Facilities
Newton Medical Center, with more than 100 beds and approximately 400 personnel, is located in the City. In
addition, the highly reco,&ed and specialized Hertzler Clinic is located within seven miles of the City. Of the 105 Kansas
counties, only one has more doctors per capital than Harvey County. Prairie View, Inc., an in-patientlout-patient mental
health hospital serves the City and a wide area of the State with mental health services.
Recreational, Cultural and Religious Facilities
There is a wide variety of recreation available in the City including sporting events, movie theaters, parks,
swimming pools, golf courses and tennis courts. Cultural opportunities such as community theater, symphony and museums
are also located in or near the City. 52 churches serve the community. Annual community activities include the Chisholm
Trail Festival, the Bethel Fall Fest, the Harvey County Fair and the Sand Creek Folk Art Festival.
ECONOMIC IhTORMATION
The area's economy includes a very diverse industrial base including railroads, agricultural business and
manufacturing concerns. Additionally, the area is a trading center for agricultural products including grain and livestock.
Major Employers
Listed below are the major employers located in the City and surrounding area and the number employed by each:
Number of Full-
& Part-time
Maior Emulovers ProductIService Emplovees
AGCO Corporation Farm Implements 1,318
Unified School District No. 373 Public School 700
Norcrafi Companies Wood Cabinets 603
Newton Medical Center Medical Services 420
Wal-Mart Corporation Retail 400
Excel Industries Turf Equipment 250
Prairie View Hospital Mental Health 360
Dillons Stores Grocery 213
Northview Development Handicapped Development 205
Showalter Villa Retirement Home 200
City of Newton City Government 175
Bethel College Higher Education 161
Harvey County County Government 160
Bunting Magnetics Magnetics Industry Equipment 150
United Methodist Youthville Youth Residence 142
Friendly Acres Retirement Home 130
Kansas Christian Home Retirement Home 115
Newton Presbyterian Manor . Retirement Home 115
prestressed Concrete Concrete Manufacturing lo6
Sorrrce: City Clerk
Labor Force
The following table sets forth labor force figures for Harvey County and the State of Kansas:

For Year Labor Force Emploved Unemuloved Rate
1998 17,885 17,397 488 2.7%
1999 17,827 17,359 468 2.6
2000 17,472 16,832 640 3.7
2001 16,570 15,992 578 3.5
2002 16,759 16,014 745 4.4
For Year Labor Force Emvloved Unemvloved -
Rate
1998 1,418,000 1,364,000 54,000 3.8%
1999 1,434,000 1,391,000 43,000 3.0
2000 1,411,000 1,359,000 52,000 3.7
2001 1,381,000 1,322,000 59,000 4.3
2002 1,414,000 1,342,000 72,000 5.1
Agriculture
The following table lists the total value of field crops and 1ivestocWpoultryproduced in Harvey County for the years
listed.
Total Value Total Value Of

-Year of Field Crops LivestocWPoultrv -
Total
1997 $43,870,000 $19,861,650 $63,731,650
Retail Sales Tax Collections
The following table lists State of Kansas sales tax collections for the years indicated for sales occurring in
Harvey County:
-
Year Sales Tax Collections Per Capita Sales Tax
1998 $14,580,926 $351.99
1999 14,617,646 428.82
2000 14,267,134 426.34
2001 14,843,104 438.52
2002 14,761,593 438.67
Oil Production
The oil production (in number of barrels) for Harvey County for the years listed is indicated in the following table:
-
Year Oil Production
1998 141,064
Source: Kansas Geological Survey

There are currently 10 banks and 20 branch banking offices located in Harvey County. For the years listed, bank
deposits of the County's banks are as follows (in thousands of dollars):
Total Bank
Year Deposits
1998 $409,937
1999 408,379
2000 413,256
2001 429,624
2002 438,799
Building Permits
The following table indicates the number of building permits and total valuation of these permits issued within the
City for the years indicated. These numbers reflect permits issued either for new construction or for major renovation.
Number of Total
-
Year Permits Issued Valuation
2000 42 1 $12,728,439
200 1 42 1 14,2 17,466
2002 400 26,100,278
2003 387 15,009,212
2004* 163 12,156,971
Source: City Clerk

*Year not complete
Population Trends
The following table shows the approximate population of the City and Harvey County in the years indicated:
City of Newton Harvey County

-
Year Population
34,261
1999
2000 32,869
2001 34,361
2002 33,031
2003 33,502
Sorrrce: City and County Clerk
Personal Income Trends
Harvey County personal and per capita income and the State of Kansas per capita income are listed for the years
indicated, in the following table.
Harvey County Harvey County State of Kansas

Personal Per Capita Per Capita
-
Year Income*
$806,949
Income
$24,465
Income
$24,182
1997
1998
1999
2000
2001
*Tltorrsandsof dollars
Sorrrce: Kansas Statistical Abstract
FINANCIAL INFORMATION
Accounting, Budgeting and Auditing Procedures
The City follows a modified accrual basis of accounting for all tax supported funds of the City, including the
General Fund.
An annual budget of estimated receipts and disbursements for the coming calendar year is required by statute to be
prepared for all funds (unless specifically exempted). The budget is prepared utilizing the modified accrual basis which is
further modified by the encumbrance method of accounting. For example, commitments such as purchase orders and
contracts, in addition to disbursements and accounts payable, are recorded as expenditures. The budget lists estimated
receipts by funds and sources and estimated disbursements by funds and purposes. The proposed budget is presented to the
governing body of the City prior to August 1, with a public hearing required to be held prior to August 15, with the final
budget to be adopted prior to August 25 of each year. Budgets may be amended upon action of the governing body after
notice and public hearing, provided that no additional tax revenues may be raised after the original budget is adopted.
Kansas law prohibits governmental units from creating indebtedness unless there are funds on hand in the proper
accounts and unencumbered by previous action with which to pay such indebtedness. An exception to this cash-basis
operation is made where provision has been made for payment of obligations by bonds or other specific debt obligations
authorized by law.
The fmancial records of the City are audited annually by a firm of independent certified public accountants in
accordance with generally accepted auditing standards. In recent years, the annual audit has been performed by Knudsen
Monroe & Company, LLC, Newton, Kansas. Copies of the audit reports for the past five (5) years are on file in the Clerk's
office and are available for review. The audit for the Fiscal Year ended December 31, 2002 is attached hereto as
Appendiv B.
The financial information contained in the Appendices to this Official Statement are an integral part of this
document and are intended to be read in conjunction herewith.
Sources of Revenue
The City finances its general operations through the local property tax levy, various other taxes, a variety of license
and permit fees, and other miscellaneous sources as indicated below for the current Fiscal Year:
Source Percent
Taxes 67.56%
Intergovernmental Revenue 4.8 1
Licenses and Permits 1.18
Charges for Services 9.76
Fines and Forfeitures 3.97
Use of Money and Property 3.45
Other 9.27
Total 100.00
Source: Clerk
Property Valuations
The determination of assessed valuation and the collection of property taxes for all political subdivisions in the state
of Kansas is the responsibility of the various counties under the direction of state statutes. The Harvey County Appraiser's
office determines the assessed valuation that is to be used as a basis for the mill levy on property located in the City.
All property in the state of Kansas has been reevaluated as a result of a bill passed by the 1985 session of the Kansas
Legislature requiring county appraisers to reassess property for tax purposes, with an effective date of January 1, 1989. In
conjunction with the November 1986 general election. Kansas voters approved a proposition to modify the state constitution
with respect to classification of property for ad valorem taxation. For taxable years 1989 through 1992, real and personal
property was divided into classes and assessed at different percentages of fair market value. Land devoted to agricultural use
was valued on the basis of its agricultural income or productivity and assessed at 30% of the value so obtained; commercial
and industrial machinery and equipment was assessed at 20% of its fair market value; residential property and vacant lots
were assessed at 12% of fair market value; and all other property was assessed at 30% of fair market value. Farm machinery
and equipment, merchants' and manufacturers' inventories, and livestock were exempt from property taxation.
In conjunction with the November, 1992 general election, Kansas voters approved a proposition to further modify
the state constitution with respect to classification of property for ad valorem taxation. The modified classification provisions
shall be effective for assessment and taxation of property on and after January 1, 1993 and each year thereafter. Property is
divided into two classes, real property and personal property. Real property is divided into seven subclasses; there are six
subclasses of personal property. The real property (Class 1) subclasses are: (i) real property used for residential purposes
including multi-family mobile or manufactured homes and the real property on which such homes are located, assessed
at 1IS%, (ii) agricultural land, valued on the basis of agricultural income or productivity, assessed at 30%. (iii) vacant lots,
assessed at 12%, (iv) real property, owned and operated by a not-for-profit organization not subject to federal income
taxation, pursuant to Section 501 of the Internal Revenue Code, assessed at 12%, (v) public utility real property, except
railroad real property, assessed at the average rate that all other commercial and industrial property is assessed, assessed at
33%, (vi) real property used for commercial and industrial purposes and buildings and other improvements located on land
devoted to agricultural use, assessed at 25%, and (vii) all other urban and real property not otherwise specifically classified,
assessed at 30%. Tangible personal property (Class 2) subclasses are: (i) mobile homes used for residential purposes,
assessed at 11.5%, (ii) mineral leasehold interests, except oil leasehold interests, the average daily production from which is 5
barrels or less, and natural gas leasehold interests, the average daily production from which is 100 mcf or less, which shall be
assessed at 25%, assessed at 30%, (iii) public utility tangible personal property, including inventories thereof, except railroad
personal property, including inventories thereof, which shall be assessed at the average rate all other commercial and
industrial property is assessed, assessed at 33%, (iv) all categories of motor vehicles not defined and specifically valued and
taxed pursuant to law enacted prior to January 1; 1985, assessed at 20%, (v) commercial and industrial machinery and
equipment which if its economic life is 7 years or more, shall be valued at its retail cost, when new, less seven-year
straight-line depreciation, or which, if its economic life is less than 7 years, shall be valued at its retail cost when new, less
straight-line depreciation over its economic life, except that, the value so obtained for such property, notwithstanding its
economic life and as long as such property is being used, shall not be less than 20% of the retail cost when new of such
property, assessed at 25%, and (vi) all other tangible personal property not otherwise specifically classified, assessed at 30%.
All property used exclusively for state, county, municipal, literary, educational, scientific, religious, benevolent and
charitable purposes, farm machinery and equipment, merchants' and manufacturers' inventories, other than public utility
inventories included in subclass (3) of class 2, livestock, and all household goods and personal effects not used for the
production of income, shall be exempted from property taxation.
Assessed Valuation
following years:
Equalized Assessed Equalized Assessed Tangible

Valuation of Taxable Tangible Valuation of Valuation for Computation
Tan~iblePropertv ~ o t o Vehicles
r of Bonded Debt ~imitations
$72,859,648 $13,723,939 $ 86,583,587
following years:
Real Personal Motor Total

--Year Propertv Propertv Utilities Vehicles Valuation
1999 $61,097,638 $6,742,864 $5,019,146 $13,723,939 $ 86,583,587
2000 64,229,166 7,667,434 4,784,s 18 13,115,102 89,796,220
2001 67,876,248 7,539,685 5,063,9 13 13,957,577 94,437,423
2002 74,427,876 7,502,427 4,904,458 15,498,928 102,333,689
2003 77,131,102 7,435,772 4,963,237 16,140,709 105,670,820

Property Tax Levies and Collections
Tar Collections:
Tax statements are mailed November 1 each year and may be paid in full or one-half on or before December 20 with
the remaining one-half due on or before June 20 of the following year. The 2003 Legislature authorized the Governor to
advance the required June 20 payment to be made on or before May 10. The Governor has now exercised such authority and
published notice of such advancement. Taxes that are unpaid on the due dates are considered dehquent and accrue interest at
the rate of 12% per annum until paid or until the property is sold for taxes. Real estate bearing unpaid taxes is advertised for sale
on or before August 1 of each year and is sold by the County for taxes and all legal charges on the f ~ sTuesday
t in September.
Properties that are sold and not redeemed within two years after the tax sale are subject to foreclosure sale, except homestead
properties which are subject to foreclosure sale after three years.
Personal taxes are due and may be paid in the same manner as real estate taxes, with the same interest applying to
delinquencies. If personal taxes are not paid when due, and after written notice, warrants are issued and placed in the hands of
the Sheriff for collection. If not paid on or before October 1, legal judgment is entered and the d:linquent tax becomes a lien on
the property. Unless renewed, a non-enforced lien expires five years after it is entered.
Motor vehicle taxes are collected periodically throughout the year concurrently with the renewal of motor vehicle tags
based upon the value of such vehicles. Such tax receipts are distributed to all taxing subdivisions, including the State of Kansas,
in proportion to the number of mills levied within each taxpayef's tax levy unit.
Tax Rates:
The City may levy taxes in accordance with the requirements of its adopted budget. Property tax levies are based on
the adopted budget of the City and the assessed valuations provided by the County appraiser. Prior to July 1, 1999, tax levies
were further restricted by a state aggregate tax lid. The funds of the City restricted by such tax lid included the general fund,
capital improvement funds and special improvement funds. Levies not effected by such tax lid included debt service payments
on bonds, notes and no fund warrants; payments made to a public building commission; expenses related to tort claim liability,
employer contributions for employee retirement, health care and benefit programs, expenses incurred for rebates to owners of
property in connection with neighborhood revitalization programs and certain expenses incurred for the by cities in
administeringjuvenile delinquency and crime programs. Effective July 1, 1999, the aggregate tax lid is no longer in effect.
The following table shows the City's mill levies by fund (per $1000 of assessed valuation) for each of the years
indicated and the current year:
General Airport Library Bond and Special Total

-
Year Fund -
Fund -
Fund Interest Fund ~ i a b i i t vFund &
1999100 38.875 .686 5.729 6.707 .25 1 49.248
Source: Clerk
Aggregate Tax Levies:
The aggregate tax levies (per $1000 assessed valuation) of the City and overlapping jurisdictions for the years indicated
are included in the following table:
Harvey School Watershed Total

-
Year . -
Citv Countv District -
State District -
Lew
1999100 49.248 29.204 56.404 1.5 .I93 136.549
2000101 50.228 28.552 54.143 1.5 .I81 134.604
2001102 49.989 28.401 55.446 1.5 .I72 135.508
2002103 5 1.692 28.685 55.116 1.5 .245 137.238
2003104 5 1.663 29.658 53.569 1.5 .245 136.635

Tax Collection Record..
The following table sets forth tax collection information for the City for the years indicated:
Current Taxes Total Current & Delinquent

Collected Taxes Collected
Total Taxes
-
Yeal: Levied Amount Percentage Amount Percentape
1999100 $3,830,799 $3,722,593 97.18% $3,822,230 99.78%
2000101 4,019,391 3,923,226 97.61 4,024,773 100.13
2001102 4,254,222 4,119,285 96.83 4,170,094 98.02
2002f03 4,478,763 4,301,293 96.04 4,369,302 97.56
2003104 4,926,955 4,736,224 96.13 4,833,124 98.10
Major Taxpayers:
The following table sets forth the ten largest taxpayers in the City for taxes levied in 2003 to be paid in 2004:
Assessed Taxes
Taxpaver Valuation -Paid
1. Kansas Gas & Electric (Westar Energy) $1,882,804 $267,253.16
2. Wal-Mart Real Estates 1,797,843 245,644.69
3. Southwestern Bell (SBC) 1,727,042 235,970.94
4. Newton Factory Outlet 1,391,895 190,178.80
5. Newton Investors 774,040 105,759.42
6. Dillon Real Estate 670,008 91,545.22
7. Norcraft Company 618,948 84,568.72
8. Kansas Gas Service 582,062 79,528.88
9. Cargill, Inc. 542,251 74,089.40
10. Bunting Magnetics 516,527 70,574.64
Sotme: County Clerk
Employee Relations
The City has no record of employer/employee problems. Currently, the City has 171 full-time, 3 part-time and 24
seasonal employees.
Pension and Employee Retirement Plans
The City participates in the Kansas Public Employees Retirement System (KPERS) established in 1962, as an
instrumentality of the State, pursuant to K.S.A. $ 74-4901 et seq., to provide retirement and related benefits to public
employees in Kansas. KF'ERS is governed by a board of trustees consisting of nine members, including four members
appointed by the Governor subject to confirmation by the State Senate, one appointed by the President of the Senate, one
appointed by the Speaker of the House of Representatives, two elected by members and retirants of the retirement system,
which must be members of such system, and the State Treasurer. Members of the board of trustees serve four-year terms and
elect a chairperson annually. The board of trustees appoints an Executive Director to serve as the managing officer of
KPERS and employs a staff of approximately 85 people.
KPERS serves more than 240,000members and more than 1,400participating employers, including the State, school
districts, counties, cities, public libraries, hospitals and other governmental units. KPERS administers the following
three statewide, defined benefit retirement plans for public employees:
(a) Kansas Public Employees Retirement System;
(6) Kansas Police and Firemen's Retirement System; and
(c) Kansas Retirement System for Judges.

These three plans are separate and distinct with different membership groups, actuarial assumptions, experience, contribution
rates and benefit options. The Kansas Public Employees Retirement System is the largest of the three plans, accounting for
more than 95% of the members. The Kansas Public Employees Retirement System is further divided into two separate
groups, as follows:
(a) State/School Group - includes members employed by the State, school districts, community colleges,
vocational-techcal schools and educational cooperatives. The State of Kansas makes all employer
contributions for this group, 85% of which comes from the State General Fund. State legislation enacted in
2003 made certain pre-1962 Board employees (which are part of a small group of pre-1962 Board and
University of Kansas Hospital Authority employees known as the "TIAA Group"), special members of the
StateISchool Group.
(b) Local Group - all participating cities, counties, library boards, water districts and political subdivisions are
included in this group. Local employers contribute at a different rate than the State/School Group rate.
State legislation enacted in 2003 made certain pre-1962 employees of the University of Kansas Hospital
Authority (which are a part of a small group of pre-1962 Board and University of Kansas Hospital
Authority employees known as the "TIAA Group"), special members of the Local Group.
KPERS is a qualified, governmental, Section40l(a) defined benefit pension plan, and has received IRS
determination letters attesting to the plan's qualified status dated October 14, 1999 and March 5, 2001. KPERS is also a
"contributory" defined benefit plan, meaning that employees make contributions to the plan. This contrasts it from
noncontributory pension plans (more common in the private sector), which are funded solely the by employer contributions.
The City's employees annually contribute 4% of their gross salary to the plan. The City's contribution varies from year to year
based upon the annual actuarial valuation and appraisal made by KPERS, subject to legislative caps on percentage increases.
Currently, the City's contribution is 3.82% of the employee's gross salary.
DEBT STRUCTURE
Debt Summary
The following table summarizes certain key statistics with respect to the Issuer's general obligation debt, including
the Bonds:
Estimated Actual valuation' .......................................................................................

Equalized Assessed Valuation of Tangible Valuation
for Computation of Bonded Debt Limitations............................................................
Outstanding general obligation debt as of September 1, 2004 ....................................
Legal limitation of Bonded ~ e b t ...............................................................................
'
Additional legal debt capacity3...................................................................................
Direct debt per capita ..................................................................................................
Direct and overlapping debt per capita........................................................................
Direct debt as a percentage of Assessed Valuation .....................................................
Direct & overlapping debt as a percentage of Assessed Valuation .............................
'See "Property Valuations" inj?a

'K.s.A. 10-301 et seq.
' ~ o e snot reflect debt exempt from limitation
NOTE: The Newton Kansas Public Building Commission has outstanding $2,685,000 Public Building Commission
Revenue Bonds not reflected above.
Current Indebtedness of the Issuer
The following table sets fortb as of the date of issuance of the Bonds all of the outstanding obligations of the Issuer
including the Bonds:

Series -
Date Maturitv Principal Amount Outstanding
Series 1993-A 05/01/1993 09/01/2008 $1,240,000 $ 200,000
Series 19934 10/01/1993 0910 112006 2,820,000 40,000
Series 1995 11/01/1995 09/01/2005 600,000 60,000
Series 1996 11/01/1996 09/01/2011 1,320,000 600,000
Series 1997 12/01/1997 09/01/2007 1,238,000 375,000
Series 1999 11/01/1999 09/01/2019 2,125,000 1,605,000
Series 2001 08/15/2001 0910 112021 7,285,000 6,0 10,000
Series 200 1-E Taxable 08/15/2001 0910 1/2004 555,000 0
Series 2004-A (THIS ISSUE) 0910 1/2004 0910 112024 5,323,000 5,323,000
Series 200443 Taxable (THIS ISSUE) 09/01/2004 0910 112024 515,000 515,000
Total $14,728,000
Source: Clerk
Wastewater Treatment System 1992 $1,600,000
Wastewater Treatment System Refimding 1998 1,695,000
Water Utility System 2000 920.000
$4,215,000
Source: Clerk
Lease Obligations
Overlapping Indebtedness
The following table sets forth overlapping indebtedness as of September 1, 2004, and the percent attributable (on the
basis of assessed valuation) to the City:
Outstanding Percent Amount

Taxing- Assessed General Obligation Applicable Applicable
Jurisdiction Valuation to Issuer to Issuer
Harvey County $238,447,163 44.32% $ 1,646,488
U.S.D. No. 373 136,719,996 24,000,000 77.29 18,549,600
Total $20,196,088
NOTE: Under the present school finance plan, 37% of annual debt service requirements of Unified School District
No. 373 is paid by the State of Kansas.

FINANCIAL STATEMENTS AND REPORT OF
INDEPENDENT CERTIFIED PUBLIC ACCOUNTANTS
(FOR THE FISCAL YEAR ENDED 12/31/02)
(THIS PAGE INTENTIONALLY LEFT' BLANK)
~inancialSection
General Purpose Financial Statements
- -
(THE PAGE INTENTIONALLY LEFX' BLANK)

110 OM Mill Road P.O. Box 425
Newton, Kansas 671144425
316 2836366. FAX 316 283-8379
~inudsen
r~lonroc pany LLC
INDEPENDENT AUDXTOR'S REPORT
City Commission
We have audited the general purpose financial statements of the City of Newton, Kansas as of and for the
year ended December 3 1,2002, as listed in the table of contents. These general purpose financial statements are the
responsibility of the City's management. Our responsibility is to express an opinion on these general purpose
financial statements based on our audit.
We conducted our audit in accordance with auditing standards generally accepted in the United States of
America. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether
the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence
supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting
principles used and significant estimates made by management, as well as evaluating the overall financial statement
presentation. We believe that our audit provides a reasonable basis for our opinion.
In our opinion, the general purpose financial statements referred to above present fairly, in all material
respects, the fmancial position of the City of Newton, Kansas as of December 3 1,2002, and the results of its
operations and changes in cash flows of its proprietary fund types for the year then ended, in conformity with
accounting principles generally accepted in the United States of America. .
Our audit was made for the purpose of fonning an opinion on the general purpose financial statements taken
as a whole. The combining, individual fund and individual account group financial statements and schedules listed
in the table of contents as supplementary information are presented for purposes of additional analysis and are not a
required part of the general purpose financial statements of the City of Newton, Kansas. Such information has been
subjected to the auditing procedures applied in the audit of the genera1 purpose financial statements and, in our
opinion, is fairly presented in all material respects in relation to the general purpose financial statements taken as a
whole.
The other data included in this report, designated as the "statistical section" in the table of contents, has not
been audited by us and, accordingly, we express no opinion on that data.
&h&, ,%-mfiL
I
I
% / L LC
Certified Public Accountants
May 29,2003
ALL FUND TYPES, ACCOUNT GROUPS, AND COMPONENT UNITS
December 31,2002

ASSETS AND1 OTHER DEBITS
Assets:
Cash, including investments $ 640,523 1,161,230
Cash with f ~ c aagent
l - -
Due from other funds - 3,576,840
Receivables:
Property tax 2,955,329 591,609
Sales tax 118,518 -
Franchise tax 103,112 -
Accounts receivable 201,573 -
Interest receivable 10,894 -
Other 1O9,47 1 81,228
Deposits 128,900 -
Inventory - 30,145
Restricted Assets:
Cash - 263,213
Joint venture investment - -
Property, plant and equipment, net of
accumulated depreciation where applicable - -
Bond issue costs, net of accumulated
amortization - -
Other debits:
Amount available in debt
service fund - -
Amount to be provided for retirement
of general long-term debt - -
Total assets and other debits

Proprietary Fund Types Funds Account Groups (Memorandum Unit (Ivlemorandum
General General only) Newton Only)
Internal Trust and Fixed Long-term Primary Reporting
Enterprise Service Agency Assets Debt Government Entity
1,935,846 64 1,571 332,073 5,557,753 5,931,936

- - - 35,000 35,000
- - - 3,576,840 3,576,840
- - - 4,488,698 4,488,698
- - - 118,518 118,518
- - 103,112 103,112
499,840 - - 701,413 701,413
7,410 - 2,565 20,869 20,869
- - - 190,699 190,699
- - 128,900 128,900
38,613 6'1,287 - 130,045 130,045
1,447,675 - 1,710,888 1,710,888

40,000 40,000 40,000
l4,O3 1,509 8O,8 10 - 32,239,640 32,239,640
23,599 - 23,599 23,599
- - - 846,s 10 846,s 10
- - -
334,638
(Continued)
2
ALL FUND TYPES, ACCOUNT GROUPS AND COMPONENT UNITS
(Continued)
December 31,2002
Governmental Fund Twes -
Special Capital
General Revenue Proiect
LIABILITIES, EQUITY AND OTHER CREDITS
Liabilities:
Accounts payable $ 262,775 9,275 64,5 15
Accrued interest expense - - -
. Due to other funds - - 3,576,840
Unreported claims payable - - -
Matured bonds and coupons payable - - -
Deferred revenue 3,163,791 59 1,609 -
General obligation bonds payable - - -
Special assessment debt with government
commitment - - -
Capital lease obligation - - -
Enterprise revolving fund loans payable - - -
Revenue bonds, net of refunding costs - - -
Compensated absences - - -
Total liabilities 3,426,566 600,884
Equity and other credits:
Investment in general fmed assets - -
Contributed capital - -
Retained earnings:
Reserved for revenue bond retirement - -
Reserved for water conservation programs - -
Unreserved - -
Fund balance:
Reserved for encumbrances 164,090 3 10,740
Reserved for inventory - 30,145
Reserved for community development - 324,203
Reserved for equipment - 1,352,542
Reserved for debt service - -
Reserved for perpetual care - -
Reserved for employee retirement -
Unreserved:
Designated for subsequent year's budget 360,838 -
Undesignated 3 16,826 3,085,751
Total equity and other credits 84 1,754 5,103,381
Total liabilities, equity and
other credits -$4,268,320 *
5,704,265

Proprietary Fund Types Funds Account Groups (Memorandum Unit (Niemorandum
Internal Fixed Long-term Primary Public Reporting
Enterprise Service Assets -
Debt Government Library Entitv
493,105
91,900
3,576,840
61,000
35,000
4,697,160
8,s 11,000
2,679,000
119,476
2,627,986
2,9O6,5 18
22.616
COMBINED STATEMENT OF REVENUES, EXPENDITURES AND
CHANGIES IN FUND BALANCES - ALL GOVERNMENTAL F'UND TYPES,
EXPENDABLE TRUST FUNDS, AND DISCRETELY PRESENTED COMPONENT UNITS

General Revenue Service Project
Revenues:
Intergovernmental
Other
Total revenues
Expenditures:
Current:
General government
Public safety
Highway and streets
Airport
Capital outlay
Debt service:
Principal
Interest
Total expenditures
Excess (deficiency) of revenues
over (under) expenditures
Other financing sources (uses):
Total other financing sources (uses)
Excess (deficiency) of revenues and
other sources over (under)

Total Component Total
Fiduciary (Memorandum Unit (Memorandum
Funds only) Newton only)
Expendable Primary Public Reporting
-
Trust Government Library Entity
COMBINED STATEMENT OF REVENUES, EXPENDITURES Ah?) CHANGES
IN FUND BAILANCES - BUDGET AND ACTUAL - GENERAL, SPECIAL REVENUE
AND DEBT SERVICE FOND TYPES
(Non-GAAP Basis)
General Fund
Variance
Favorable
Budget Actual rUnfavorable)
Revenues:
Intergovernmental
.Licenses and permits
Other
Tranfers in
Expenditures:
Current:
General government
Public safety
Highway and streets
Airport
Capital outlay
Debt service:
Principal
Interest and commissions
Transfers out
Excess of revenues and other sources
over expenditures and other uses
Unencumbered cash, beginning of year
Unencumbered cash, end of year
Add: year end inventory
accrued income
fund balances of non-budgeted
funds
encumbered expenditures
Total fund balance, end of year

Budgeted S~ecialRevenue Funds Debt Senice Fund
Variance Variance
Favorable Favorable
Budget Actual (Unfavorable1 Actual (Unfavorable)
COMBINED1 STATEMENT OF REVENUES, EXPENSES AND CHANGES IN
FUND EQUITY - ALL PROPRIETARY FUND TYPES

Enterprise Service Only)
Operating revenues:
Service fees
Rental
Employee and employer contributions
Reimbursed expenses
Other
Total revenues
Operating expenses:
General operations
Production
Transmission and distribution
Total expenses
Interest income
Interest expense

Transfer from other hnds
Net income (loss)
Fund equity,
Fund equity,
end of the year

COMBINED STATEMENT OF CASH FLOWS
- ALL PROPRIETARY FUND TYPES
Enterprise Service Onlv)
Cash flows ftom operating activities:
provided by (used in) operating activities:
liabilities:
Accounts receivable
Due from other governments
Inventories
Claims payable
activities

Operating transfer fiom other finds
Cash flows fiom capital and
Payments for long-term debt:
Principal paid
Interest paid
Contributed capital
Cash flows from investing activities:

7
STATEMENT OF CHANGES IN PLAN NET ASSETS
- POLICE & FIRE PENSION FUND
Additions:
Employer contributions
Police
Fire
Total contributions
Interest earned
Total additions
Deductions:
Benefits paid
Total deductions
Net .increase
Net assets held in trust for pension benefits
Beginning of the year
End of the year
December 3 1,2002
1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES
Reporting Entitv - The City of Newton was originally incorporated in 1871 under the laws of the State of
Kansas. The City operates under a commission-manager form of government and provides services to its
citizens in the areas of public safety, public works, community planning and development, water, waste water
and sanitation utilities, recreation, cultural and social assistance and municipal facilities.
Accounting principles generally accepted in the United States of America require that these financial
statements present the City of Newton (the primary government) and its component units. The component
unit described below is included in the City's reporting entity because of its operational significance or
.financialrelationship with the City.
Discretelv Presented Component Unit - The Newton Public Library, although a separate legal entity, is
reported as a discrete component unit. The Library is governed by a Board, the appointees of which are
approved by the City. The Library is not a separate taxing entity under State statutes and the City levies
taxes for the Library operation, which represents a significant portion of its total revenues.
Separate financial statements of the component unit are not issued. Condensed financial statements for this
entity are included below.
BALANCE SHEET - COMPONENT UNIT

December 3 1,2002

Special
General Revenue
Fund Funds
ASSETS
Cash $98.405 275,778
EIABILrrIES AND
FUND BALANCE
Liabilities
Accounts payable $ 3,919 -
Fund balance:
Unreserved 94,486 275,778
Total liabilities and
fund balance $98.405 275.778
December 3 1,2002

STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE
-COMPONENTTJNIT
Year Ended December 3 1,2002

Special
General Revenue
.Fund Funds Total
Revenues:
Taxes
Intergovernmental
Fines, forfeitures
and penalties
Use of money and
property
Other
Total revenues 5 11,273 138,821 650.094
Expenditures:
Personal sewices
Commodities
Capital outlay
Total expenditures 569.521 108.072 677.593
expenditures ( 58,248) 30,749 ( 27,499)
Fund balance,
beginning of the year 152,734 245.029 397.763
Fund balance,
end of the year $ 94,486 275.778 370,264
Related organization - Newton Housing Authority is a related organization that is not included in the
financial reporting entity. The Authority was created to administer public housing programs
authorized by the United States Housing Act of 1937, as amended. Revenues consist of housing
assistance payments fiom the U.S. Department of Housing and Urban Development and rent received
from eligible low income tenants.
Total Memorandum Onlv) columns - The accompanying financial statements of the City of Newton,
Kansas are presented in conformity with accounting principles generally accepted in the United States
of America. The amounts shown in the "Total (Memorandum Only)" columns of the accompanying
general purpose financial statements are presented only to facilitate fmancial analysis and are not the
equivalent of consolidated fmancial statements. Interfund eliminations have not been made in the
aggregation of this data.
NOTES TO FWANCIAL STATEMENTS
December 3 1,2002
Basis of Accounting -The modified accrual basis of accounting is used for governmental fund types
and expendable trust funds where the measurement focus is on current financial resources. The
modified accrual basis of accounting is also used for agency funds. Generally, only current assets and
liabilities are recorded on their balance sheets and their reported h d balance is considered a measure
of available spendable resources. Modifications fiom the accrual basis are as follows:
. A. Revenues are recognized when they become both measurable and available to finance
expenditures of the current period.
I B. Expenditures are recognized when the related fund liability is incurred.
C. Interest on general long-term indebtedness is not accrued, but is recorded as an

expenditure on its due date.
D. Disbursements for the purchase of capital assetsproviding future benefits are

considered expenditures. Bond proceeds are considered other financing sources and
the associated debt is accounted for in the general long-term debt account group.
The accrual basis of accounting is used for proprietary and pension trust fund types, where the
measurement focus is on economic resources. All assets and all liabilities, current and non-current,
are included on their balance sheets. Their reported fund equity is segregated into contributed capital
and retained earnings. Operating statements present increases and decreases in net total assets.
As provided by GASB Statement #20, the City has elected to follow (1) all applicable GASB
Statements and (2) FASB Statements and Interpretations, APB Opinions, and Accounting Research
Bulletins issued on or before November 30, 1989, except those that conflict with a GASB
pronouncement, in its financial reporting for proprietary and similar trust fund activities.
The accounts of the City are organized and operated on the basis of funds and account groups, each of
which is defined as an accounting entity with a self-balancing set of accounts established for the
purpose of carrying on specific activities or attaining certain objectives in accordance with special
regulations, restrictions or limitations.
In accordance with State statutes and City ordinances, several different types of funds and account
groups are used to record the City's financial transactions. For financial reporting, they have been
grouped and are presented in this report as follows:
Governmental Fund Types:
General Fund - The general fund is used to account for all financial resources except those
required to be accounted for in another fund.
December 3 1,2002
Special Revenue Funds - Special revenue funds are used to account for the proceeds of
specific revenue sources that are restricted by law or administrative action to expenditure for
specified purposes.
Debt Service Fund - The debt service fund is used to account for the accumulation of
resources for, and the payment of, interest and principal on general long-term debt, including
special assessments which are general obligations of the City.
Capital Proiect Funds - The capital project funds are used to account for financial resources
to be used for the acquisition or construction of major capital facilities and equipment.
Pro~rietarvFund Twes:
Enterprise Funds - Enterprise funds are used to account for operations where it is the stated
intent that costs of providing that service to the general public on a continuing basis be
financed or recovered primarily through user charges.
Internal Service Funds - Internal Service funds are used to account for the financing of goods
and services provided by one fund to other funds of the City on a cost reimbursement basis.
Fiduciary Fund Tvpes:
Trust and A~encvFunds - Trust and agency funds are used to account for assets held by the
City as a trustee or agent for individuals, private organizations and other governmental units.
Account Groups:
General Fixed Assets - The general fxed assets account group is used to maintain control and
cost information on capital assets owned by the City, other than those of the proprietary
funds.
General Low-Tenn Debt - The general long-term debt account group is used to account for
unmatured general long-term indebtedness of the City.
Cash and Investments - State statutes authorize the City to invest in temporary notes and no-fund
warrants of the City, time deposits, United States Treasury bills or notes, bonds of municipalities of
the State of Kansas, repurchase agreements, and the Kansas Municipal Investment Pool.
The City maintains a cash and investment pool that is available for use by all funds. The pool has the
general characteristics of demand deposit accounts, in that, each fund may deposit additional cash at
December 3 1,2002

Each fund type's portion of the pool is displayed on the combined balance sheet as "Cash, including
investments." Earnings of the pool are allocated to the investing fund, unless specifically designated.
Investments are stated at cost, which is the equivalent of fair value for all investments held during
2002.
Cash Flows - For purposes of the statement of cash flows, the City considers all investments by funds
in the City's cash and investment pool (includingrestricted assets) to be a cash equivalent.
Pro~ertvTaxes Receivable - In accordance with governing State statutes, property taxes levied during
the current year are a revenue source to be used to finance the budget of the ensuing year. Taxes are
assessed on a calendar year basis and become a lien on the property on November 1 of each year. The
County Treasurer is the tax collection agent for all taxing entities within the County. Property owners
have the option of paying one-half or the full amount of the taxes levied on or before December 20
during the year levied with the balajlce to be paid on or before June 20 of the ensuing year. State
statutes prohibit the County Treasurer from distributing taxes collected in the year levied prior to
January 1 of the ensuing year. Consequently, for revenue recognition purposes, the taxes levied
during the current year are not due and receivable until the ensuing year. At December 3 1, such taxes
are a lien on the property and are recorded as taxes receivable with a corresponding amount recorded
as deferred revenue on the balance sheet of the appropriate funds. It is not practicable to apportion
delinquent taxes held by the County Treasurer at the end of the year and, further, the amounts thereof
are not material in relationship to the general purpose financial statements.
Inter~ovemmentaland Other Revenues - Recognized State-shared taxes represent payments received

during the current fiscal period. State statutes specify distribution dates for such shared taxes and,
consequently, for revenue recognition purposes, amounts collected and held by the State on behalf of
the City at year-end are not due and receivable until the ensuing year.
Federal m d State grant aid is reported as revenue when the related reimbursable expenditures are
incurred.
Licenses, fees, fines, forfeitures, charges for services and other revenues are generally not susceptible
to accrual and are recorded when received in cash.
Revenue is recorded in proprietary funds as billed to customers on a cycle basis. Residential and
commercial customers are billed monthly. Within the City's utility funds, an estimated amount has
been recorded for services rendered but not yet billed at the close of the year.
Inventories - Inventories that benefit future periods are recorded as expenditures or expenses as
consumed. Inventories are stated at cost, as determined by the first-in, first-out method.
Restricted Assets - Certain proceeds of enterprise fund revenue bonds, as well as certain resources set
aside for their repayment, are classified as restricted assets on the balance sheet because their use is
limited by applicable bond covenants.
Certain assets of special revenue funds are classified as restricted assets on the balance sheet
because their use is limited by applicable grant agreements.
December 31,2002
1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICES (Continued)
Property. Plant and Equipment - Property, plant and equipment are recorded at cost or estimates of
original cost and gifts at fair value at the date of the gift.
The general fixed assets account group does not include infrastructure fixed assets such as bridges,
curbs and gutters, streets and sidewalks. The City does not record depreciation on general fixed
assets.
Depreciation of property, plant and equipment in the enterprise and internal service funds is provided
by the straight-line method over the following estimated useful lives:
Buildings 30 to 50 years
Improvements other than buildings 15 to 30 years
Machinery 5 to 15 years
Office equipment and furniture 5 to 12 years
Water treatment plant. 30 years
Water and sewer mains 30 to 50 years
Special Assessments - In accordance with State statutes, projects financed in part by special
assessments are financed through issuance of general obligation bonds of the City and are retired
from the bond and interest fund. Special assessments paid prior to the issuance of bonds are recorded
as revenue in the appropriate project. Special assessments received after the issuance of bonds are
recorded as revenue in the bond and interest fund. The special assessments receivable are not
recorded as revenue when levied against the respective property owners as such amounts are not
available as a resource to finance current year operations.
Compensated Absences - The City's policies regarding vacation and sick leave permit employees to
accumulate a maximum of 10 to 18 days of vacation leave (depending on the number of years of
continuous service) and a maximum accumulation of ninety days sick leave. Policies require the
cancellation of accumulated sick leave on date of employment termination. The liability for accrued
vacation leave of the governmental fund types has been recorded in the general long-term debt group
of accounts, representing the City's commitment to fund such costs from future operations.
Proprietary fund types accrue vacation leave benefits in their own funds. The liability is based on
current salary costs and the vested portion of accumulated benefits.
Budgetaw Principles - The City is required by State statute to adopt annual budgets for the general
fund, special revenue funds, debt service fund, enterprise funds, and internal service funds (unless
specifically exempted by statute) on or before August 25 for the ensuing year. Specific funds
exempted fiom legally adopted budgetary requirements include:
-7al Revenue Funds Internal Service Funds

Community Development Health Benefits Risk
Municipal Equipment Management
Capital Improvement
December 3 1,2002
Sl3MMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued)
Controls over spending in funds which are not subject to legal budgets are maintained by the use of
internal spending limits established by management. Total expenditures by a find constitutes the
legal level of control. Expenditures may not exceed appropriations at this level. Management may
transfer appropriationsbetween budget lines within the same fund without approval of the governing
body.
State statutes permit original budgets to be increased for "...previously unbudgeted increases in
revenue other than ad valorem property taxes." The City must first publish a Notice of Hearing to
amend the budget. Ten days after publication, a Public Hearing is held and the governing body may
amend the budget at that time. Budgetary data in the financial statements represent the original
budgeted amounts (no budgets were amended in 2002).
Applicable Kansas statutes require the use of an encumbrance system as a management control
technique to assist in controlling expenditures. For budgetary purposes, encumbrances of the
budgeted governmental fund types, representing purchase orders, contracts and other commitments,
are reported as a charge to the current year budget. All unencumbered appropriations lapse at the end
s f the year, except for capital project funds which are carried forward until such time as the project is
completed or terminated. Encumbered appropriations at year end are carried forward. For budgetary
purposes, revenues are recognized on a cash basis in budgeted governmental find types and not on
the modified accrual basis as required by generally accepted accounting principles. Accordingly, the
actual data presented in the budgetary comparison statements differ from the data presented in the
financial statements prepared in accordance with accounting principles generally accepted in the
United States of America (GAAP).
Reserved and Desimated Fund Balances - The fund balances of the governmental fund types include
the following reserves which indicate that a portion of fund balance is not appropriable for
expenditures or is legally segregated for a specific future use.
Reserved for Encumbrances -Used to segregate a portion of fund balance legally restricted
for the future payment of outstanding encumbrances.
Reserved for Inventow - Used to segregate a portion of fund balance to indicate that
inventories do not represent available or spendable resources.
Reserved for Debt Service - Used to segregate a portion of fund balance for debt service
resources legally restricted to the payment of general long-term debt principal and interest
amounts maturing in future years.
Reserved for Comrnunitv Development - Used to segregate a find balance restricted for
community development.
Reserved for Pemetual Care - Used to segregate a portion of fund balance of the Cemetery
and Mausoleum trust fbnd.
December 3 1,2002
The following designations of unreserved fund balances of governmental funds indicate

management's intent for financial resources utilization in future periods.
Designated for Subsequent Year's Budget - Used to segregate a portion of b d balance for
current resources that were included in the subsequent year's budget to be used to finance
operations of the ensuing year.
Estimates - The, preparation of financial statements in conformity with accounting principles generally
accepted in the United States of America requires management to make estimates and assumptions
that affect certain amounts and disclosures. Accordingly, actual results could differ from those
estimates.
Pending; Governmental Accounting Standards Board Statements - As of Decembger 3 1,2002, the

Governmental Accounting Standards Board (GASB) had issued statements not yet implemented by
the City of Newton. The statementsthat might impact the City are as follows:
GASB Statement No. 34, " ~ a s i cFinancial Statements - and Management Discussion and
Analysis - for State and Local Governments", issued June 1999, will be effective for the City
for the year ending December 31,2003. Statement No. 34, summarized below, imposes new
standa~:dsfor financial reporting. Management has not yet completed its assessment of this
statement; however, its will have a material effect on the overall financial statement
presentation for the City. For the first time, financial managers will be required to share their
insights in a management's discussion and analysis (MD&A) that gives readers an analysis of
the government's overall financial position and results of the previous year's operations.
Financial statements will be presented under a dual perspective - a government-wide

perspective and a fund level perspective. The annual report will include government-wide
financial statements using full accrual accounting for all of the government's activities, not
just proprietary activities as previously required. Governments will report all capital assets,
including inhstructure, in a government-wide statement of net assets and will report
depreciation expense, in the statement of activities. Infrastructure assets will be reported, but
may not be required to be depreciated, under certain circumstances.
The net assets of a government will be segregated into three categories: (1) invested in
capital assets, net of related debt, (2) restricted, and (3) unrestricted. A statement of activities
will be presented in at least the same level of detail provided in the governmental hnd
statemtents generally, expenses and program revenues by function. Program expenses will
include all direct expenses; governments that allocate overhead and other indirect expenses to
individual programs show the allocations in a separate column. Special and extraordinary
items will be reported separately from other revenues and expenses. This way, users will see
if the government's conventional, recurring revenues and expenses are balanced.
Statement No. 34 requires governments to continue to present fund level financial statements
with information about funds. The focus of these fund-based statements has been changed,
however, by requiring governments to report information about their most important or major
December 3 1,2002
1. SUMMARY OF SlGNIFICANT ACCOUNTING POLICIES (Continued)
funds, including a government's general fund. Fund-based statements for governmental

activities (generally, those supported by tax revenues) will continue to report the flow of
current financial resources (generally, cash and other assets that can easily be converted w
cash). To help users understand the relationship between fund-based and government-wide
financial statements, governments will present a summary reconciliation between the two
statements.
Governments will continue to provide budgetary comparison information in their annual

reports - as required supplementary information. An important change, however, is a
requirement to add the government's original budget to the current comparison of final
budget and actual results.
Internretation No. 6 of the GASB, "Recognition and Measurement of Certain Liabilities and
Expenditures in Governmental Fund Financial Statements", issued in March 2000, clarifies
the application of existing standards for distinguishing the respective portions of certain types
of liabilities that should be reported as governmental fund liabilities and expenditures and
general long-term liabilities of the government. The effective date of this interpretation
coincides with the effective date of Statement 34, or the year ended December 3 1,2003.
GASB Statement No. 37, "Basic Financial Statements - and Management's Discussion and
Analysis - for State and Local Governments: Omnibus", was issued in June 2001 and amends
Statement No. 34. The amendments to GASB 34 were made to clarify certain provisions,
including the requirement of the Management's Discussion and Analysis, adoption of the
modified approach for infrastructure assets, program revenue classifications, and major h n d
criteria. Statement No. 37 also eliminates the requirement to capitalize construction-period
interest for governmental activities and changes the minimum level of detail required for
business-type activities in the statement of activities from segments to different identifiable
activities. The provision of Statement No. 37 will be simultaneously implemented with
Statement 34, effective for the year ended December 3 1,2003.
GASB Statement No. 38, "Certain Financial Statement Disclosures9', was also issued in June
2001. This Statement establishes and modifies disclosure requirements related to the
summary of significant accounting policies, actions taken to address violations of significant
finance-related legal and contractual provisions, debt and lease obligations, short-term debt,
disaggregation of receivable and payable balances, and interfund balances and transfers. The
provision of this Statement are generally effective when the provisions of GASB Statement
No. 34 are required to be implemented, except that requirements related to short-term debt,
receivable and payable balances, interfiind balances, and interfund transfers may be
implemented one year later, or the year ended December 3 1,2004.
December 3 1,2002
2. CASH AND INVESTMENTS
Deposits - At yearend, the City's carrying amount of bank deposits was $2,836,967, which included
$374,183 from the component unit, and the bank balance was $3,288,976, which included $441,061
fiom the component unit. All of the bank balance was covered by Federal depository insurance or by
collateral held by the City's agent in the City's name. The City requires financial institutions to pledge
collateral with a market value equal to or greater than 100% of uninsured deposits.
Investments - Investments that are represented by specific identifiable investment securities are
categorized into the following three categories of credit risk:
1. Insured or registered securities or securities held by the government or its agent in the
government's name.
2. Uninsured and unregistered with securities held by the counterparty's trust
department or agent in the government's name.
3. Uninsured and unregistered with securities held by the counterparty or by its trust
department or agent but not in the government's name.
During 2002, the City's investments consisted solely of accounts with the Kansas Municipal
Investment Pool (KMIP). Under Kansas statutes, the KMP is governed by the State of Kansas
Pooled Money Board, which is the state entity responsible for managing state pooled funds. The
City's cost of plan shares is equivalent to share fair value. At year end, the City's investment in
KMIP consisted of the following pooled account which is not subject to risk Categorization:
Carrying Fair
Amount Value
Kansas Municipal
Investment Pool $4.805857 4,805,857
Cash and investments as shown on combined balance sheet are as follows:

Primary Component
Government Units Total
Cash and Investments $5,557,753 374,183 5,931,936

Restricted.Cash 1.710.888 - 1.710.888
$ 7,268.641 374.183 7,642,824
Cash with fiscal agent - Consists of $35,000 held by the Kansas State Treasurer for payment of matured
bonds and interest. These funds are not subject to the risk categorization for deposits.
December 3 1,2002
3. FlXED ASSETS
General Fixed Assets - Activity in the general fxed assets account group for the year ended December
3 1,2002 is as follows:
I
Balance Balance
12-31-01 Additions Deletions 12-31-02
Primary Government:
Land $ 1,937,712 128,788 - 2,066,500
Buildings and structures 7,598,327 1,289 - 7,599,6 16
Equipment 6,273,302 688,244 276,393 6,685,153
Construction in progress 453.1 16 1.322.936 - 1.776.052
Pro~rietarvFunds' Fixed Assets - The major classes of property assets for proprietary type funds at
December 3 1,2002 are as follows:
Internal
Enterprise Funds Service
Sewer Sanitation Water Total Fund
Primary Government:
Land $ 223,447 - 176,438 339,885 -
Buildings 1,384,137 - 858,188 2,242,325 145,069
Equipment 2,l 15,231 563,593 3,136,701 5,815,525 352,010
Service lines 12,407,047 - 9,408,356 21,8 15,403 -
Construction in progress 889,069 - 558,632 1.447.70 1 -
17,018,93 1 563,593 14,138,3 15 31,720,839 497,079
Less accumulated
depreciation 8,868.308 347.437 8,473.585 17.689.330 416,269
Net $ 8.150.623 216.156 5,664.730 14.031.509 80.810
4. LONG-TERM DEBT
The following is a summary of changes in long-term debt of the City for the year ended December 3 1,
2002:
General Long-Term Debt
General Capital
Obligation Lease Compensated
Bonds Obligations Absences Total
Primary Government:
Outstanding
January 1,2002 $ 12,535,000 129,767 48,684 12,713,451
Additions - - - -
Deletions ( 1,045,000) ( 10.291) (26,548) ( 1,081.839)
Outstanding
December 3 1,2002 $ 11,490.000 119,476 22.136 11,631,612
December 3 1,2002
Entemrise Fund Debt

Kansas
Revenue Revolving
Bonds Fund Loan -
Total
Primary Government:
Outstanding
January 1,2002
Additions
Deletions
Outstanding
December 31,2002
Less deferred refimding costs
Net $2.906.5 18 2,627,986 5.534.504
Advance Refunding - The City's refunding issues that still have underlying refunded debt
outstanding at December 31,2002, consisted of the following:
Defeased Debt
Refunding Final Balance
Description of Issues Refunded Maturitv 12-31-02
1994 1978 Waterworks Revenue 2007 $1,805,000
1985 G. 0. Bonds prior to 1985 2004 80,000
1993 G. 0. Bonds 1985 - 1990 2009 290,000
1998 1992 Wastewater Treatment Revenue 2012 1,880,000
200 1 Series 1994 G. 0. Bonds 2009 780,000
Issuance of the 1998 Wastewater Treatment Refunding Revenue bonds resulted in a $255,000 cost
that has been netted with outstanding Sewer revenue bond debt in the accompanying financial
statements. The unamortized balance of deferred cost was $168,482 at December 31,2002; and the
amortization charged against Sewer enterprise fund income was $18,214 during the year ended
December 3 1,2002.
December 3 1,2002
General Obligation Bonds - General obligation bonds are serial bonds to be retired through calendar
year 2021. At December 3 1,2002, the outstanding general obligation bonds consisted of the
following:
Outstanding
Interest December 31, Original
Rate 2002 Amount
Internal improvements, 1993-A 3.50 - 6.50
Refunding improvements, 1993-B 2.70 - 4.75
Internal improvements, 1995 4.70 - 5.13
Internal improvements 1refunding, 2001 3.00 - 4.70
Airport improvements, 200 1 7.00
Remaining debt service requirements for general obligation bonds will be paid from the bond and
interest fund with future property tax revenues, special assessment taxes, and transfers from
enterprise funds. A portion of the general obligation bond principal represents special assessment
debt with government commitment to pay the principal and interest if the special assessments are
not paid by the applicable property owners. Annual debt service requirements to maturity for
general obligation bonds are as follows:
Year Ending General Obligation Debt Special Assessment Debt

December 3 1 Princi~al Interest Principal Interest
2003
2004
2005
2006
2007
2008-2012
2013-2017
20 18-2021
Total
Cauital Lease Obligation. Harvev Countv - The City has entered into an agreement with Harvey
County to pay a portion of the costs of remodeling the law enforcement facilities operated jointly
by the City and County. Under the terms of the agreement, Harvey County issued general
obligation bonds for the total project and the City will pay Harvey County for the City's share of
principal and interest on the bonds issued to finance the project to Harvey County as they become
due. This debt has been recorded by the City as a general obligation capital lease transaction in the
long-term debt account group. Interest rates range frdm 4.25% to 5.50% and mature in 201 1.
December 3 1,2002
Future minimunn lease payments for the capital lease described above are as follows:
2003 $ 16,673
2004 16,650
2005 16,715
2006 16,614
2007 16,720
2008-20 11 66.563
149,935
Less interest ( 30.459)
Present value of lease payments $119,476
Revenue Bonds - Outstanding revenue bonds, secured by revenues derived fiom the operations of
enterprise funds, consist of $2,030,000 of series 1998 Wastewater Treatment Refunding (sewer fund)
with interest from 4.0% to 4.9%, and $1,045,000 of series 2000 Waterworks with interest from 4.2% to
6.0%. Annual debt service requirements to maturity for the revenue bonds outstanding at December 3 1,
2002 are as follows:
Year Ending December 3 1 Interest

2003 150,571
2004 140,368
2005 129,350
2006 117,430
2007 104,580
2008-2012 297,542
2013-2014 20.400
960,241
Revenue bond ordinances for the revenue bonds provide for deposits to (a) a principal and interest
account each year to provide for the payment of principal and interest on the bonds as they become due
and payable, (b) a bond reserve account to accumulate to a maximum stated amount to be used solely
and exclusively for payment of principal and interest of such bonds for which fimds might not otherwise
.be available, and (c) a maintenance reserve account to accumulate to a maximum stated amount to be
used for unusual and unforeseen repair and replacement expenses. The revenue bond ordinance also
provides for user rates to be established at a level that will generate net operating income at an amount
not to be less than 125% of the amount required to be paid in the next succeeding year for both
principal and interest on revenue bonds outstanding. The net operating income ixi the wastewater and
waterworks system funds for the year ended December 3 1,2002 was sufficient to meet the above-stated
requirements. At December 3 1,2002, the City was in compliance with the reserve requirements of the
revenue bond ordinances.
NOTES TO FINANCIAL, STATEMENTS
December 3 1,2002
Water Fund Revolving Loan - During 1999, the City entered into a loan agreement with the
State of Kansas Department of Health and Environment (KDHE) to provide funding for
improvements to the City's waterworks system. Terms of the revolving loan agreement with KDHE
call for the loan to be repaid to the state revolving fund over a 20-year term. The loan is being
repaid, from the revenues generated by the water fund, in equal semi-annual installments of
$76,55 1beginning August 1, 1999, at an annual interest rate of 4.17%.
Future principal payments on this loan are estimated as follows:
Sewer Fund Revolving Loan - During 2002, the City entered into a loan agreement with the State of
Kansas Department of Health and Environment (KDHE) to provide funding for improvements to the
City's sewer system. The City had drawn $8 l6,63 1 of the maximum amount of $l,4OO,OOO as of
December 3 1,2002. Terms of the revolving loan agreement with KDHE call for the loan to be repaid
to the state revolving fund over a 20-year term. The loan will be repaid, from the revenues generated
by the sewer fund, in equal semi-annual installments fo $5 1,808 (assuming the maximum amount is
borrowed) beginning February 1,2004, at an annual interest rate of 4.14%.
Future principal payments on this loan are estimated as follows (assuming the maximum amount is
borrowed):
NOTES TO FINANCM STATEMENTS
December 3 1,2002
5. SEGMENT INFORhtATION FOR ENTERPRISE FUNDS
The City maintains three enterprise funds which consist of sewer, sanitation and water services.
Segment information for the year ended December 3 1,2002 is as follows:
Sewer Sanitation Water -

Total
Total operating revenues 925,831 2,789,700 5,374,925
Depreciation expense 64,864 227,795 799,362
Operating income (loss) (133,194) 682,699 580,540
Net income (loss) (250,194) 293,247 ( 282,3 13)
Property, plant and
equipment additions - 679,833 1,601,215
Bonds and other long-tern
liabilities payable from
operating revenue - 2,856,355 5,534,504
Total equity 432,721 4,445,150 12,285,365
Total assets 1 466,828 7,408,593 18,024,492
Net working capital 216,565 982,221 2,277,086
Operating transfers in - - 7,000
Operating transfers out (1 17,000) ( 292,732) ( 724,668)
DEFINED BENEFIT PENSION PLANS
Plan Descri~tiag- The City participates in the Kansas Public Employees Retirement System (KPERS)
.- and the Kansas Police and Firemen's Retirement System (KP&F). Both are cost-sharing multiple-
employer defined benefit pension plans as provided by K.S.A. 74-4901, et seq. KPERS and KP&F
provide retirement benefits, life insurance, disability income benefits, and death benefits. Kansas law
establishes and amends benefit provisions. KPERS and KP&F issue a publicly available financial
report that includes financial statements and required supplementaly information. Those reports may
be obtained by writing to KPERS (61 1 S. Kansas, Topeka, KS 66603-3803) or by calling 1-888-275-
5737.
Funding Policv - K.S.A. 74-1919 establishes the KPERS member-employee contribution rate at 4% of
covered salary. K.S.A. 74-4975 establishes the KP&F member-employee contribution rate at 7% of
covered salary. The employer collects and remits member-employee contributions according to the
provisions of Section 414(h) of the Internal Revenue Code. State law provides that the employer
contribution rates be determined annually based on the results of an annual actuarial valuation.
KPERS and KP&F are funded on an actuarial reserve basis. State law sets a limitation on annual
increase in the employer contribution rates. The KPERS employer rate established for calendar year
2002 was 3.22% (average rate). The City's employer contributions to KPERS for the years ending
December 31,2002,2001 and 2000 were $108,336, $85,402 and $80,723, respectively, equal to the
required contributions for each year. The KP&F uniform employer rate established for fiscal years
beginning in 2002 was 6.79%. Employers participating in KP&F also make contributions to amortize
the liability for past service costs, if any, which is determined separately for each participating
employer. The City's contributions to KP&F for the years ending December 31,2002,2001, and 2000
were $237,424, $242,066, and $243,663, respectively,.equalto the required contributions for each
year.
December 3 1,2002
6. DEFINED BENEFIT PENSION PLANS (Continued)
Other Pension Plans - In addition to participating in Kansas Public Employees Retirement System, the
City maintains an additional pension plan - Policemen's and Firemen's Pension. This plan was
established in 1947 to provide benefits for policemen and fremen (and suniving spouses) who retired
prior to the City's participation in KP&F. Pension benefits paid during the year ended December 3 1,
2002 were $11,323 under the plan. The plan will be phased out upon the deaths of the participants.
At December 3 1,2002, three surviving spouses were still receiving benefits from the plan. During
1996, an actuarial computation was performed to determine the amount necessary to fund the pension
benefit obligation of the plan. This amount, $140,000, was transferred to a pension trust fund from the
general fund to pay future benefits under the plan.
7. DEFERRED COMPENSATION PLAN
The City offers its employees a deferred compensation plan created in accordance with Internal
Revenue Code Section 457. The plan, available to a11 City employees, permits them to defer a portion
of their salary until future years. The deferred compensation is not available to employees until
termination, retirement, death, or unforeseeable emergency. Assets of the plan, valued at current
market prices, are held in trust for the benefit of the participants.
A11 amounts of compensation deferred under the plan as well as earnings attributable to those amounts,
are solely the property of the participant employees. Accordingly, the assets and related liabilities for
the plan are not recorded in the accompanying financial statements.
8. NTERFUMD TRANSFERS
Transfer To
Special Debt
General Revenue Senice Enterprise
Transfer From
Operating transfer:
General $ - 397,450 - -
Special revenue 514,572 55,492 138,804 7,000
Enterprise 340,000 127,000 257,668 -
Internal service - 3 1.885 - -
December 3 1,2002
Interfund receivablelpayablebalances as of December 3 1,2002 are as follows:
Interfund Interfund
Receivables Pavables
Capital project funds:
Sewer improvements
Street improvements
Water improvements
Building improvements
Downtown project
Airport projects
Sand Creek restoration
Sky Tile project
Golf Course
Special revenue funds:

Capital improvement
Municipal equipment
December 3 1,2002
10. BUDGETARY DATA
As described in Note 1, the actual data presented in the budgetary comparison statements differs
from the data presented in accordance with accounting principles generally accepted in the United
States of America (GAAP). The following reconciliations are presented to provide a correlation
between the different bases of reporting:
Special Debt
General Revenue Service
Fund Funds Fund
Revenue and other sources:
basis revenue $8,320,120 2,279,513 1,198,947
Eliminate non-budgeted h d s - ( 184,152) -
Eliminate reimbursement grants
eligible for budget credit ( 35,418) - -
(Increase) decrease in accrued
revenue ( 48,49 1) ( 3,197)
Transfers in 854.572 - 396.472

basis revenue $9,090,783 2,092,164 1,595,419

basis expenditures $ 8,979,407 2,456,100 1,63 1,964
Eliminate non-budgeted funds - (1,068,604) -
Increase (decrease) in inventory - ( 587) -
Eliminate reimbursed grant expenditures ( 35,418) - -
Increase (decrease) in encumbrances ( 184,079) 1,499 -
Transfers out 397.450 715.868 -

basis expenditures $ 9.157.360 2.1 04.276 1.63 1.964
Kansas statutes require that budgets be legally adopted for all proprietary fimd types unless
specifically exempted by statute. As is more fully disclosed in Note 1, proprietary fund budgets are
prepared on a basis of accounting that differs from the accrual basis required by generally accepted
accounting principles. Actual operations compared to budgeted operations for legally budgeted
proprietary funds are as follows:
December 3 1,2002
10. BUDGETAEtY DATA (Continued)
Favorable
Enterurise Funn:
Revenues:
Service fees $4,995,000 5,343,413 348,413
Use of money and property 10,000 6,598 ( 3,402)
Transfer in - 7,000 7,000
Other 75,845 25.607 ( 50,238)
Total revenlies 5.080.845 5.382.618 301.773

Personal services 2,236,948 2,188,108
Contractual services l,6O 1,265 lY4O2,O19
Commodities 309,102 330,614
Principal and interest 557,744 534,100
Capital outlay 476,3 19 256,372
Transfers out 539.379 724.668
Total expenditures and other uses 5.720.757 5,435,881

expenditures and other uses $( 639,912) ( 53,263)
Reconciliation to GAAP basis

net income:
Capital contributions 112,953
Depreciation and amortization ( 8 19,543)
Capitalized assets, from enterprise sources 205,457
Principal payments on debt 290,207
Accounts and other receivables
December 3 1,2002 507,250
December 3 1,2001 ( 498,407)
Inventory
December 3 1,2002 38,613
December 3 1,2001 ( 71,933)
December 3 1,2002 ( 9 l,9OO)
December 31,2001 88,300
Encumbrances
December 31,2002 65,005
December 31,2001 ( 55,052)
Net income (loss), GAAP basis $ ( 282.3 13)

NOTES TO FINANCLAL STATEMENTS
December 3 1,2002

Variance
Favorable
Internal Service Fund:
Revenues:
Rental $ 54,540 54,583 43
Reimbursed expenses 419,000 337,742 (8 1.258)
Total revenues 473.540 392.325 (81.215)
Expenditures:
Personal services 94,694 99,524 ( 4,830)
Contractual services 66,320 43,369 22,95 1
Commodities 277,200 239,246 37,954
Capital outlay 49,000 17,115 3 1,885
Transfers out - 31.885 (3 1.885)
Total expenditures 487.2 14 431.139 56,075
Excess of revenues over (under)
expenditures $ ( 13,674) ( 38,814) (25.140)
Reconciliation to GAAP basis net income:
Depreciation ( 20,955)
Capitalized assets, from internal service sources 17,115
Inventory
December 3 1,2002 61,287
December 3 1,2001 ( 49,324)
Net income (loss) from non-budgeted
internal service, fund-health benefits 75.025
Net income (loss), GAAP basis $ 44.334
Deficit Fund Balances - The following capital project h d s had a deficit fund balance at December 3 1,
2002:
Deficit
Project Balance
Street and Bridge Improvements $ 985,488
Sewer Improvements 627,998
Water Department Improvements 262,141
Building projects 739,713
Downtown Project 24,635
Airport Improvements 657,227
Sand Creek Restoration 149,195
Sky Tile Project 184,958
Golf Course 10.000
The deficit balance in these project funds will be eliminated upon the issuance of bonds in
succeeding years.
NOTES TO FINANCLAL STATEMENTS ,
, December 3 1,2002
11. COMMUNITY DEVELOPMENT FUND
Restricted Assets - Restricted assets consist of cash and investments of $263,213 restricted for the
Community Development Rehabilitation Loan program
Rehabilitation Loan Program - In 1984, the City of Newton received a Community Development
Block Grant: fiom the Department of Housing and Urban Development (HUD) for the purpose of
establishing a low-income housing rehabilitation loan program
Idle program funds remain in an interest-bearing account. When loans are repaid, the proceeds may
be used for additional loans, other community development projects, or remain in the fund.
Rehabilitation and development loans outstanding at December 3 1,2002 were $60,990. No

interest is being charged on the outstanding loans.
12. COlWMITMENTS AND CONTINGENCIES
Litigation - The City is a defendant in various lawsuits. Although the outcomes of these lawsuits
are not presently determinable, in the opinion of the City Attorney, the resolution of these matters
will not have a material adverse effect on the City's financial statements.
Federal Gran& - In the normal course of operations, the City receives grant funds fiom various
Federal and State agencies. The grant programs are subject to audit by agents of the granting
authority, the purpose of which is to ensure compliance with conditions precedent to the granting of
funds. Any liability for reimbursement that may arise as the result of these audits is not believed to
be material.
13. RISK MANAGEMENT AND CLAlMS
Propertv, Liabilitv and Employee Life Insurance
Losses under these programs are covered by commercial insurance policies, subject to deductibles
in some cases. There have been no significant reductions in insurance coverage for these programs
and settlement amounts have not exceeded insurance coverage for the current year or the three prior
years.
Workers' Compensation Coverage
The City is a member of the Kansas Municipal Insurance Trust Workers' Compensation Pool (the
Pool) for purposes of workers' compensation coverage. This program is similar to commercial
insurance coverage because the Pool is liable for all claims. The City contributes to the Pool at the
beginning of each coverage period based on experience and payroll factors. The City records a
liability for estimated additional contributions that may be incurred because of adjustments made by
the Pool. The cost of this workers' compensation coverage is charged to City funds based on
payroll expenditures.
December 3 1,2002
13. RISK MANAGEMENT AND CLAIMS (Continued)
Emlovee Health Care Benefits
During the year ended December 3 1,2002 employees of the City were covered by the City of
Newton Medical Benefits Plan (the Plan). Under the Plan, the City retains a significant potion of
the risk of loss for employee health benefits. Claims are paid by a third-party administrator acting
on behalf of the City. The administrative contract between the City and the third-party
administrator is renewable annually. Administrative.feesand stop-loss premiums are included in
the contractual provisions.
The City is protected against catastrophic loss by stop-loss coverage carried through a commercial
insurance carrier. Stop-loss coverage is in effect for individual claims exceeding $50,000 and for
aggregate loss, which is based on a factor determined monthly by the insurer.
The risk management activities under the Plan are recorded in the Health Benefit Risk Management
Fund. Using the actuarial method, the City charges the cost of estimated benefits to funds in
relation to personal services expenditures. An estimated liability is recorded for claims against the
Plan that have been incurred but not yet reported at year end. The following represents the changes
in the liability for unreported claims under the plan for 2002 and 200 1:
Liability balance, beginning

Health benefit claims incurred
Add premiums and fees
Less stop-loss reimbursed
Total costs incurred
Less claims paid
Less premiums and fees paid
Liability balance, ending
14. CONDUIT DEBT OBLIGATIONS
From time to time, the City has issued Industrial Revenue Bonds to provide financial assistance to
private-sector entities for the acquisition and construction of industrial and commercial facilities
deemed to be in the public interest. The bonds are secured by the property financed and are payable
solely from payments received on the underlying mortgage loans. Upon repayment of the bonds,
ownership of the acquired facilities transfers to the private-sector entity served by the bond
issuance. Neither the City, the State, nor any political subdivision thereof is obligated in any
manner for repayment of the bonds. Accordingly, the bonds are not reported as liabilities in the
accompanying financial statements. At December 3 1,2002, seventeen City-issued Industrial
Revenue bond issues were outstanding with a total balance of approximately $33,091,736.
December 3 1,2002
115. JOINT VENTURE - PUBLIC WHOLESALE WATER SUPPLY DISTFUCT NO. 17
Description of the Entitv
During 1997, the City of Newton entered into an agreement with the cities of Halstead, North
Newton and Sedgwick to form the Public Wholesale Water Supply District No. 17 (the District). The
purpose of the District is to secure an additional water supply for sale to member cities and other
potentialcustomers. The City of Newton has contributed $40,000 in capital to the District in
exchange for a 40% share in equity. Because of the nature of the operations of the District, this
investment has been recorded within the City's Waterworks enterprise h d .
Separate financial statements for the District can be obtained fiom the District's office located at the
City of Newton administrationbuilding (201 East Sixth, Newton, Kansas 67 114-0426).
Commitments and Contingencies
During 200 1, the District completed construction of the water distribution system and began selling
water to member cities. In order to purchase water rights and construct the water distribution
system, the District has obtained a low interest loan through the Kansas Rural Water Finance
authority. The balance of this loan was $3,223,097 at December 3 1,2002. In the event that the
District terminates or otherwise fails to meet debt service requirements on this loan, the member cities
are required to tender their share of the deficiency based on percentages specified in the organization
agreement.
Financial Section
Suppiemental Information
. .
GENERAL FUND
General Fund - All resources associated with government not

required by law or sound financial management to be
accounted for in another fund.
(Non-GMP Basis)
GENERAL FUND
Variance
Favorable
Budpet Actual JUnfavorable)
Taxes (61,074)
Intergovernmental (63,021)
License and permits 60,088
Charges for services 137,781
Fines, forfeitures and penalties 17,827
Use of money (143,691)
Other 49,459
Transfers in (61,618)
Current:
General government
Public safety
Highway and streets
Parks and cemeteries
Capital outlay
Transfers out
SPECIAL REVENUE FUNDS
Airport Fund Operation of municipal airport.
Library Fund Funding for the operation of the municipal

library.
Special Parks and Recreation Fund State shared tax for parks and recreation.
Special Alcohol Programs Fund State shared tax for prevention or treatment
of alcohol and drug abuse.
Special Liability Fund Tax levy for liability insurance.
Tourism and Convention Promotion Fund Funding for promotion of tourism and
conventions.
Special Highway Fund State gas tax monies allocated for street
maintenance.
Capital Improvement A reserve f h d used for capital improvements.
Community Development Fund Federal block grants, including housing

rehabilitation loan and other programs.
Municipal Equipment Reserve A reserve fund used for equipment purchases.

COMBINING BALANCE SHEET - ALL SPECIAL REVENUE FUNDS
December 31,2002

Airport Librarv Recreation Promam Liability Promotion Hi~hwav
ASSETS
Cash,including investments
Receivables:
Taxes
Other
Inventory
Restricted assets:
Cash
Total assets
LIABILITIES AND
FUND BALANCE
Accounts payable
Deferred revenue
Total liabilities
Fund balance:
Reserved for community
development
Unreserved:
Designated for subsequent
year's budget
Undesignated
Total fund balance
Total liabilities
and fund balance
Municipal Total
Improvement Develoument Reserve Government
FUND BALANCE - ALL SPECIAL REVENUE FUNDS

Airport Recreation promam Liability Promotion Highway
Revenues:
Taxes
Intergovernmental
Fines, forfeitures
and penalties
Use of money and
ProPertJ'
Other
Total revenues
Expenditures:
Personal services 265,948 - - - - - -
Contractual services 150,457 520,013 23,693 23,693 60,771 82,427 -
Commodities 258,994 - - - - - -
Capital outlay 1,500 - - - - - -
Total expenditures 676,899 520,013 23,693 23,693 60,771 82,427 -
expenditures 166,483 (8,190) - - - 35,000 514,572
Other financing
sources (uses):
Operating transfers in - - - - - - -
Operating transfers out (166,296) - - - - (35,000) (514,572)
Revenues and other

sources over (under)
expenditures and other uses 187 (8,190)
Fund balance,
beginning of the year . 98,064 32,160 - - - - -
Fund balance,
end of the year
Municipal Total
(Non-GAAP Basis)
AIRPORT FUND
Variance
Favorable
Taxes
Intergovernmental
Fuel sales
0ther
Personal services
Commodities
Capital outlay
Transfers out
(Non-GAAP Basis)
LIBRARY FUND
Variance
Favorable
Budget Actual Wnfavorable)
Taxes
(Non-GAAP Basis)
SPECLAL PARKS AND RECREATION FUND

Variance
Favorable
Taxes (1,307)
Contractual services 1,307
expenditures and other uses -
Unencumbered cash, beginning -
Unencumbered cash, ending -
(Non-GAAP Basis)
SPECIAL ALCOHOL PROGRAMS FUND
Variance
Favorable
Budget Actual JUnfavorable)
Taxes
(Non-GAAP Basis)
SPECIAL LIABILITY FUND
Variance
Favorable
Budget Actual Wnfavorable)
Taxes
(Non-GAAP Basis)
TOURISM AND CONVENTION PROMOTION FUND
Variance
Favorable
Budget Actual fUnfavorable)
Taxes
Transfers out
(Non-GAAP Basis)
SPECIAL HIGHWAY FUND
Variance
Favorable
Budget Actual vnfavorable)
Intergovernmental (61,618)
Transfers out 61,618
expenditures and other uses -
Unencumbered cash, beginning -
Unencumbered cash, ending -
DEBT SERVICE FUND
Bond & Interest Fund - Accumulation of resources for and

the payment of interest and principal
on general obligation bonds (including
special assessment bonds).
(Non-GAAP Basis)
BOND AND INTEREST FUND
Variance
Favorable
Intergovernmental
Transfers in
Other
Debt service:
Principal
Interest
Fees and commissions
CAPITAL PROJECT FUNDS
Various Capital Project Funds - Construction or reconstruction of various

City projects and purchase of City equipment.
COiMBINING BALANCE SHEET - ALL CAPITAL PROJECT FUNDS
December 31,2002
Sewer Street Water Dept. Building Down

Irnprove- Improve- Improve- Improve- Town Airport
ments ments ments ments Proiect Projects
ASSETS
Cash,
including investments
Receivable from other
governments
Total assets
LIABILITIES AND
FUND BALANCE
Accounts payable
Due to other funds
Total liabilities
Fund balance
Total liabilities
and fund balance
Sand
Creek Sky Golf
COMBINING STA.TEMENT OF REVENUES, EXPENDITURES AND CHANGES IN
FUND BALANCE - ALL CAPITAL PROJECT FUNDS
Sewer Street Water Dept. Building Down

Improve- Improve- Irnprove- Improve- Town Airport
ments -
ments men& ments Proiects Proiects
Revenues:
Special assessment taxes
Intergovexmnental
Other
Total revenues
Expenditures:
Capital outlay:
General government
Public works
Highway & streets
Culture & recreation
Airport
Other
Total expenditures

expenditures
Fund balance,
Fund balance,
end of the year
Sand
Creek sky Golf
CITY OF NEWTON, KAhTSAS
CAPITAL PROJECT mTNDS
SCHEDULE OF PROJECT AUTHORIZATIONS AND EXPENDITURES
Authorization
Expenditures in Excess of
Project 2001 and Expenditures
Authorization prior -
2002 Total 12-31-02
Sewer Improvements $ 1,065,727 136,126 493,253 629,379 436,348
Street Improvements 7,823,740 4,250,599 783,083 5,033,682 2,790,058
Water Dept. Improvements 521,720 97,406 164,735 262,141 259,579
Building Improvements 2,161,193 290,282 945,175 1,235,457 925,736
Airport Projects 4,219,844 1,709,167 1,259,515 2,968,682 1,251,162
Downtown Project 387,000 365,554 17,400 382,954 4,046
Sand Creek Restoration 6,500,000 146,615 2,580 149,195 6,350,805
Sky Tile Project 212,000 - 184,958 184,958 27,042
Golf Course 55,000 - 10,000 10,000 45,000
$ 22,946,224 6,995,749 3,860,699 10,856,448 12,089,776
46
ENTERPRISE m s
Sewer Fund - Operation of sewer utility, including the

collection and treatment of wastewater.
Sanitation Fund - Operation of refuse utility, including the

collection and disposal of solid waste.
Water Fund - Operation of municipal water utility, including

the water supply, treatment and distribution.
COMBINING BALANCE SHEET - ALL ENTERPRISE FUNDS
December 31,2002
Sewer Sanitation Waterworks

ASSETS
Accounts receivable
Interest receivable
Inventories
Restricted assets:
Cash
Bond issue costs, net of amortization
Total assets

Accounts payable
Revolving fund loans payable
Revenue bonds payable, net of
unamortized refunding costs
Total liabilities
Fund equity:
Government
Federal grants
Other
Retained earnings:
Reserved for revenue bond
retirement
Reserved for water conservation
projects
Unreserved
Total fund equity
Total liabilities
and fund equity
COMBINING STATEMENT OF REVENUES, EXPENSES AND CHANGES IN FUND EQUITY
Year Ended ~ecember31,2002

Operating revenues:
Service fees
Other
Total revenues
Operating expenses:
General operations 1,121,656 994,161 835,606 2,95 1,423
Production - - 491,014 491,014
Transmission and distribution - - 552,586 552,586
Depreciation and amortization 506,703 64,864 227,795 799,362
Total expenses 1,628,359 1,059,025 2,107,001 4,794,385
Operating income (loss) 31,035 (133,194) 682,699 580,540
Interest income
Interest expense
Transfer from other funds
Net income (loss)
Fund equity,
Fund equity,
end of the year

Operating income (loss) $ 31,035 (133,194) 682,699 580,540
activities:
Depreciation and amortization 506,703
liabilities:
Accounts receivable ,(15,438)
Due from other f h d s -
Due from other governments -
Inventories -
activities
Operating transfer from other funds
Long-term debt payments:
Principal paid
Interest paid
Contributed capital
Cash flows from investing
activities:

(Non-GAAP Basis)
SEWER J?lJND

Variance
Favorable
Budget Actual wnfavorable)
Revenue:s and other sources:
Service fees
Use of money
0ther
~ransfersin
Personal services
Commodities
Capital outlay
Transfers out

(Non-GAAP Basis)
SANITATION FUND
Variance
Favorable
Budget Actual JUnfavorablel
Reficse collection
Other
Personal services
Commodities
Capital outlay
Transfers out
(Non-GAAP Basis)
WATERWORKS REVENUE FUND

Variance
Favorable
Budnet Actual JUnfavorable)
Service fees
Use of money
Other
Personal services
Commodities
Capital outlay
Transfers out
COMBINING BALANCE SHEET - ALL INTERNAL SERVICE FUNDS
Health
ASSETS
Inventories
Total assets

Accounts payable
Payable for unreported claims
Total liabilities
Fund equity:
Government
Retained earnings:
Unreserved
Total find equity
Total liabilities
and fund equity
COMBINING STATEMENT OF REVENUES, EXPENSES AND CHANGES
-
IN FUND EQUITY ALL INTERNAL SERVICE FUNDS
Health
Mana~ement Maintenance -
Total
Operating revenues:
Rental
Reimbursed expenses
Health benefits charged to other funds
Total revenues
Operating expenses:
General operations
Total expenses
Capital contributions and transfers:
Transfers to other funds
Net income (loss)

Fund equity,
Fund equity,
end of the year
54
CITY OF NEWTON,KANSAS
- ALL INTERNAL SERVICE FUNDS
Health
activities:
liabilities:
Inventories
Unreported claims,payable
activities
Contributed capital

(Non-GAAP Basis)
STORES AND MAINTENANCE FUND

Variance
Favorable
Budget Actual ~nfavorablel
Rental
Reimbursed expenses
Personal services
Commodities
Capital outlay
Transfers out
Total expenditures axnd other uses
COMBINING BALANCE SHEET - ALL FIDUCIARY FUNDS
Pension Trust Expendable Trust Combined

Cemetery Total - All
Police & Special Law and Fiduciary
Fire Pension Enforcement Mausoleum Funds
ASSETS
Cash, including
investments .. 332,073
Interest receivable 2,565
Total assets 334,638
LIABILITlES AND
FUND BALANCE
Accounts payable
Total liabilities
Fund balance:
Reserved for perpetual
care
Reserved for retirement
benefits
Unreserved
Total h d balance
Total liabilities
and fund balance
COMBINING STATEMENT OF REVENUES, EXPENDITURES

AND CHANGES I N FUND BALANCES - ALL EXPENDABLE TRUST FUNDS
Cemetery
Special Law and
Enforcement Mausoleum
Revenues:
Grants and other
Sale of cemetery lots
Total revenues
Expenditures:
Contractual
Capital outlay
Total expenditures
Revenues over (under) expenditures

GENERAL FIXED ASSETS
The general fixed asset account group is used to maintain control and cost information on capital
assets owned by the City, other than those of the proprietary funds.
SCHEDULE OF GENERAL FIXED ASSETS BY SOURCE -
December 31,2002
General fixed assets:

Land
Equipment
Investment in general fured assets by source:

Assets acquired prior to January 1,1989
Assets acquired after December 3 1,1988
General fund
Special revenue funds
Capital project funds
Total investment in general fured assets
SCEIEDULE OF GENERAL FIXED ASSETS
December 31,2002
Construction
Function and Activity Buildinns Equipment in Progress -
Total
General government:
Administration
Court
Engineering
Total general govenment
Public Safety:
Police
Fire / EMS
Total public safety

Streets

Library
Activity Center
0ther
Airport
Total general f ~ e assets

d
SCHEDULE OF CHANGES IN GENERAL FIXED ASSETS
General General
Fixed Assets Fixed Assets
Function and Activity 12-31-01 Additions Deletions 12-31-02
General government:
Administration
Municipal court
Engineering
Public Safety:
Police
Fire 1 EMS
Total public safety

Streets

Library
Activity Center
Other
Airport

- (THISPAGE INTENTIONALLY LEIT BLANK)
APPENDIX C
SUMMARY OF FINANCING DOCUMENTS

The following is a summary of certain provisions contained in the Bond Resolution authorizing the issuance of the
Series 2004-A Bonds, the Bond Resolution authorizing the issuance of the Series 2004-B Bonds and the Continuing
Disclosure Instructions. This summary does not purport to be complete and is qualified by reference to the entirety of the
foregoing documents.
THE SERIES 2004-A BOND RESOLUTION

DEFINITIONS
In addition to words and terms defmed elsewhere in this Official Statement, the following words and terms as used
K.S.A. 10-620 et seq. and K.S.A. 12-6a01 et seq., K.S.A. 12-685 et seq., K.S.A. 12-1736 et seq., K.S.A. 13-1024a, as
amended by Charter Ordinance No. 35 of the City and K.S.A. 65-163d through 65-163u, as amended and supplemented.
"Arbitrage Instructions" means the Arbitrage Instructions attached to the Issuer's Federal Tax Certificate dated as
of the Issue Date, as the same may be amended or supplemented in accordance with the provisions thereof.
"Authorized Denomination" means $5,000 or any integral multiples thereof, except one Bond in denomination of
$8,000 (or such amount added to $5,000 or an integral multiples thereof).
"Bond Counsel" means the firm of Gilmore & Bell, P.C., or any other attorney or firm of attorneys whose expertise
B
Bond Registrar.
"Bonds" means the General Obligation Bonds, Series 2004-A, authorized and issued by the Issuer pursuant to the
Bond Resolution.
the United States or by the Legislature of the State and on which the Paying Agent is scheduled in the normal course of its
C- 1
the Bonds.
"Code" means the Internal Revenue Code of 1986, as amended, and the applicable regulations promulgated
thereunder of the United States Department of the Treasury.
"Consulting Engineer" means an independent engineer or engineering firm, or architect or architectural firm,
having a favorable reputation for skill and experience in the construction, financing and operation of public facilities, at the
time employed by the Issuer for the purpose of carrying out the duties imposed on the Consulting Engineer by the Bond
Resolution.
Bond Counsel and other legal counsel, expenses incurred in connection with compliance with the Code, all expenses incurred
in connection with receiving ratings on the Bonds, and any premiums or expenses incurred in obtaining municipal bond
insurance on the Bonds.
Bond Resolution.
(a) United States Government Obligations that are not subject to redemption in advance of their maturity &tes;
obligated: or
(4) such cash and United States Government Obligations sewing as security for the obligations are
due;
disclosure) on the part of the Issuer to be performed, and such default shall continue for thirty (30) days after written notice
Court of competentjurisdiction.
"Improvement Fund" means the fund by that name created in the Bond Resolution.
"Improvements" means the improvements referred to in the preamble to the Ordinance.
"Independent Accountant" means an independent certified public accountant or firm of independent certified
Purchase Price.
otherwise.
"Mayor" means the duly elected and acting Mayor, or in the Mayor's absence, the duly appointed andlor elected
"MBIA" means MBIA Insurance Corporation, Arrnonk, New York.
"Outstanding" means, when used with reference to the Bonds, as of a particular date of determination, all Bonds
and
the Bonds, as set forth on the Bond Register, is Cede 8: Co., the term Owner shall be deemed to be the Beneficial Owner of
the Bonds.
reference.
described in (c) or (f); (h) investment agreements or other obligations of a financial institution the obligations of whlch at the
time of investment are rated in either of the three highest rating categories by Moody's or Standard 8: Poor's; (i) investments
or (f); 6)receipts evidencing ownership interests in securities or portions thereof described in (c) or ( f ) ; (k) municipal bonds
"Person" means any natural person, corporation, partnership, joint venture, association, f i m joint-stock company,
"Purchaser" means the financial institution or investment banking firm that is original purchaser of the Bonds.
"Rebate Fund" means the fund by that name created by the Bond Resolution.
"Replacement Bonds" means Bonds issued to the Beneficial Owners of the Bonds in accordance with the
Bond Resolution.
"Standard & Poor's" means Standard 8r Poor's Ratings Services, a Division of the McGraw-Hill Companies, Inc.,
a corporation organized and existing under the laws of the State of New Yo~k,and its successors and assigns, and, if such
Poor's shall be deemed to refer to any other nationally recoopized securities rating agency designated by the Issuer with notice to
the Bond Insurer.
"Term Bonds" means the Bonds scheduled to mature in the year 2024.
"Treasurer" means the duly appointed and/or elected Treasurer or, in the Treasurer's absence, the duly appointed
ESTABLISHMENT OF FUNDS
AND ACCOUNTS;
DEPOSITAND APPLICATION
OF BONDPROCEEDS
ANDOTHER MONEYS
(a) Improvement Fund;

(b) Debt Service Account;
(c) Rebate Fund; and
(d) Costs of Issuance Account.
Deposit of Bond Proceeds and Other Moneys. The net proceeds received from the sale of the Bonds and certain
other funds shall be deposited simultaneously with the delivery of the Bonds as follows:
(c) The remaining balance of the proceeds derived from the sale of the Bonds, together with funds provided by
the Issuer, shall be deposited in the Improvement Fund.
(d) In addition to proceeds of the Bonds, the Issuer will use available moneys representing special assessments
paid in cash for the Improvements to pay a portion of the costs of the Improvements.
Application of Moneys in the Improvement Fund. Moneys in the Improvement Fund shall be used for the sole
purpose of: (a) paying the costs of the Improvements; (b) paying interest on the Bonds during construction of the
Improvements; and (c) transferring any amounts to the Rebate Fund. Withdrawals from the Improvement Fund shall be made
only when authorized by the governing body of the Issuer. Each authorization for costs of the Improvements shall be
supported by a certificate executed by the Issuer's Director of Finance (or designate) stating that such payment is being made
for a purpose within the scope of the Bond Resolution and that the amount of such payment represents only the contract price
of the property, equipment, labor, materials or service being paid for or, if such payment is not being made pursuant to an
express contract, that such payment is not in excess of the reasonable value thereof. Authorizations for withdrawals for other
authorized purposes shall be supported by a certificate executed by the Issuer's Director of Finance (or designate) stating that
such payment is being made for a purpose within the scope of the Bond Resolution. Upon completion of the Improvements,
any surplus remaining in the Improvement Fund shall be deposited in the Debt Service Account.
Application of Moneys in the Debt Service Account. All amounts paid and credited to the Debt Service Account
Application of Moneys in the Rebate Fund. There shall be deposited in the Rebate Fund such amounts as are
required to be deposited therein pursuant to the Arbitrage Instructions. All money at any time deposited in the Rebate Fund
shall be held in trust, to the extent required to satisfy the Rebate Amount (as defined in the Arbitrage Instructions), for
payment to the United States of America, and neither the Issuer nor the Owner of any Bonds shall have any rights in or claim
to such money.
Application of Morrqs in tire Costs of Issuatrce Account. Moneys in the Costs of Issuance Account shall be used
issuance of the Bonds, shall be transferred to the Improvement Fund until completion of the Improvements and thereafter to
DEPOSIT
AND INVESTMENT OF MONEYS
Investments. Moneys held in any Fund or Account may be invested in accordance with the Bond Resolution and
the Arbitrage Instructions, in Permitted Investments; provided, however, that no such investment shall be made for a period
All earnings on any investments held in any Fund or Account shall accrue to and become a part of such Fund or Account;
provided that, during the period of construction of the Improvements, earnings on the investment of such funds may be
credited to the Debt Service Account.
DEFAULT
AND REMEDIES
thereon.
Control of Remedies By Bond Insurer Upon an Event of Defatclt and Event of Insolvency. Upon the occurrence
Redemption Price of said Bonds and/or interest accrued to the Stated Maturity or Redemption Date, or if default in such
Notwithstanding anything in the Bond Resolution to the contrary, in the event that the principal and/or interest due
Insurer. The Bond Insurer shall be provided with f m l drafts of the above-referenced documentation not less than 15 business
General Covenants. The Issuer covenants and agrees that it will comply with all applicable provisions of the Code
necessary to maintain the exclusion from gross income for federal income tax purposes of the interest on the Bonds and it
will not use or permit the use of any proceeds of Bonds or any other funds of the Issuer, will not take or permit any other
action, or fail to take any action, if any such action or failure to take action would adversely affect the exclusion from gross
income of the interest on the Bonds. The Issuer covenants and agrees that it will not use any portion of the proceeds of the
Bonds, including any investment income earned on such proceeds, directly or indirectly, in a manner that would cause any
Bond to be a "private activity bond" within the meaning of Code 5 141(a), or to make or finance a loan to any Person other
than the State or a political subdivision thereof.
Rebate Covenants. The Issuer covenants and agrees that it will pay or provide for the payment from time to time all
amounts required to be rebated to the United States pursuant to the Code and the Arbitrage Instructions.
CONTINUING
DISCLOSURE
REQUIREMENTS
Disclosure Requirenrents. The Issuer covenants in the Bond Resolution with the Purchaser and the Beneficial
Failure to Conlply with Continuing Disclosure Requirements. In the event the Issuer fails to comply in a timely
manner with its covenants contained in the Bond Resolution, the Purchaser andor any Beneficial Owner may make demand
(c) In addition, if the Paying Agent has notice that any Owner has been required to 'disgorge payments of
principal ,or interest on the Bonds to a trustee in Bankruptcy or creditors or others pursuant to a final judgment by a court of
(d) The Paying Agent is hereby irrevocably designated, appointed, directed and authorized to act as attomey-
Paying Agent) in accordance with the terms of the Bond Insurance Policy payment therefor fiom the Insurance
(0 Irrespective of whether any such assignment is executed and delivered, the Issuer and the Paying Agent
Bond Resolution and the Bond, but only fiom the sources and in the manner provided herein for the payment of
Consent ofBond Insurer. Any provision of the Bond Resolution expressly recognizing or granting rights in or to
practicable after the filing thereof, a copy of any financial statement, audit and/or annual report of the Issuer; a copy of any
such user or Owner.
Levy and Collection of Annual T m . The governing body of the Issuer shall annually make provision for the
and/or assessments upon all of the taxable tangible property within the Issuer in the manner provided by law. The taxes
and/or assessments referred to above shall be extended upon the tax rolls in each of the several years, respectively, and shall
be levied and collected at the same time and in the same manner as the other ad valorem taxes of the Issuer are levied and
collected. The proceeds derived from said taxes shall be deposited in the Bond and Interest Fund, shall be kept separate and
apart from all other funds of the Issuer shall thereafter be deposited in the Debt Service Account and shall be used solely for
the payment of the principal of and interest on the Bonds as and when the same become due, taking into account any
scheduled mandatory redemptions, and the fees and expenses of the Paying Agent. If at any time said taxes and/or
assessments are not collected in time to pay the principal of or interest on the Bonds when due, the Treasurer is hereby
authorized and directed to pay said principal or interest out of the general funds of the Issuer and to reimburse said general
funds for money so expended when said taxes are collected.
Antendnzents. The rights and duties of the Issuer and the Owners, and the terms and provisions of the Bonds or of
additional rights, remedies, powers or authority that may lawfully be granted to or conferred upon the Owners, to more
precisely identify the Improvements, to conform the Bond Resolution to the Code or future applicable federal law concerning
tax-exempt obligations, or in connection with any other change therein which is not materially adverse to the interests of
the Owners.
with electronic or telephonic confirmation of receipt. Copies of such notices shall also be given to the Paying Agent and the
Bond Insurer. The Issuer, the Paying Agent, the Bond Insurer and the Purchaser may &om time to time designate, by notice
THE SERIES 2004-B BOND RESOLUTION
number shall include the plural and vice versa, and words importing persons shall include f m , associations and corporations,
K.S.A. 10-620 et seq. and K.S.A. 10-427 et seq., as amended and supplemented.
"Authorized Denomination" means $5,000 or any integral multiples thereof
"Bond Counsel" means the firm of Gilmore & Bell, P.C., or any other attorney or fm of attorneys whose expertise
Bond Registrar.
"Bonds" means the Taxable General Obligation Refunding Bonds, Series 2004-B, authorized and issued by the
Issuer pursuant to the Bond Resolution.
the United States or by the Legislature of the State and on which the Paying Agent is scheduled in the normal course of its
the Bonds.
Bond Counsel and other legal counsel, all expenses incurred in connection with receiving ratings on the Bonds, and any
premiums or expenses incurred in obtaining municipal bond insurance on the Bonds.
Bond Resolution.
fiom the determination of Debt Service Requirements to the extent that such principal or interest is payable from amounts
(a) United States Government Obligations that are not subject to redemption in advance of their maturity dates;
obligated; or
held in an escrow h n d by an escrow agent or a trustee irrevocably in trust;
due;
disclosure) on the part of the Issuer to be perfonned, and such default shall continue for thirty (30) days after written notice
Court of competentjurisdiction.
"Independent Accountant" means an independent certified public accountant or fm of independent certified

Purchase Price.
otherwise.
"Mayor" means the duly elected and acting Mayor, or in the Mayor's absence, the duly appointed andlor elected
"Outstancling" means, when used with reference to the Bonds, as of a particular date of determination, all Bonds
and
the Bonds.
reference.
"Paying Ahgent"means the State Treasurer, and any successors and assigns.
"Permitted Investments" shall mean the investments hereinafter described. provided, however, no moneys or
described in (c) or ( f ) ; (h) investment agreements or other obligations of a financial institution the obligations of which at the
or ( f ) ; (j)receipts evidencing ownership interests in securities or portions thereof described in (c) or (f); (k) municipal bonds
under escrow agreement with a bank, of securities described in (c) or (f); or (m) other investment obligations authorized by
"Person" means any natural person, corporation, partnership, joint venture, association, firm, joint-stock company,
"Purchaser" means the financial institution or investment banking firm that is original purchaser of the Bonds.
"Record Datesw for the interest payable on any Interest Payment Date means the fifteenth day (whether or not a
C-14
"Refunded Bonds" means the Series 2001-B Bonds, maturing in the years 2005 to 201 1, inclusive, in the aggregate
principal amount of $5 15,000.
"Refunded Bonds Resolution" means the ordinance and resolution which authorized the Refunded Bonds.
"Refunded Bonds Paying Agent" means the respective paying agent for each series of the Refunded Bonds as
designated in the respective Refunded Bonds Resolution, and any successor or successors at the time acting as paying agent
for any of the Refunded Bonds.
"Refunded Bonds Payment Date" means any date on which any principal of, or interest on, any of the Refunded
Bonds is due and payable.
"Replacement Bonds" means Bonds issued to the Beneficial Owners of the Bonds in accordance with the Bond
Resolution.
"Series 2001-B Bonds" means the Issuer's Taxable General Obligation Bonds, Series 2001-B, dated
August 15,2001.
I
the Bond Insurer.
"Term Bonds" means jointly the 2014 Term Bonds and the 2024 Term Bonds.
"Treasurer" means the duly appointed andlor elected Treasurer or, in the Treasurer's absence, the duly appointed
ESTABLISHMENTOF FUNDSAND ACCOUNTS;

DEPOSIT
AND APPLICATION OF BONDPROCEEDS
Creation ofFunds and Accounts. Simultaneously with the issuance of the Bonds, there shall be created within the
(a) Debt Service Account;

(b) Costs of Issuance Account; and
(c) Redemption Fund.
Deposit of Bond Proceeds. The net proceeds received from the sale of the Bonds shall be deposited simultaneously
with the delivery of the Bonds as follows:
(a), All accrued interest and excess proceeds, if any, received from the sale of the Bonds shall be deposited in
(d) The remaining balance of the proceeds derived fiom the sale of the Bonds shall be deposited into the
Redemption Fund.
Application of Monejs in tlre Debt Service Acconnt. All amounts paid and credited to the Debt Service Account
Paying Agent. The Treasurer is authorized and directed to withdraw fiom the Debt Service Account sums sufficient to pay
preceding the dates when such principal, interest and fees of the Paying Agent will become due. If, throu_ghthe lapse of time
Agent for the benefit of the Owners of the Bonds entitled to payment fiom such moneys. Any moneys or investments
Payments Due on Satlrrdays, Sundays and Holidays. In any case where a Bond Payment Date is not a Business
issuance of the Bonds, shall be transferred to the Debt Service Account.
Application of ~Iloireysin tlre Redenrptiorr Fund. Moneys in the Redemption Fund shall be transferred to the
Refunded Bonds Paying Agent and utilized to retire the Refunded Bonds on the Refunded Bonds Redemption Date. The
Clerk is authorized and instructed to provide appropriate notice of redemption in accordance with the Refunded Bonds
Resolution. Any moneys remaining in the Redemption Fund not needed to retire the Refunded Bonds shall be transferred to
Investments. Moneys held in any Fund or Account other than the Redemption Fund may be invested in accordance
with the Bond Resolution, in Permitted Investments; provided, however, that no such investment shall be made for a period
All earnings on any investments held in any Fund or Account shall accrue to and become a part of such Fund or Account.
DEFAULT
AND REMEDIES
thereon.
Colztrol of Remedies By Boizd Insurer Upon an Event of Default and Event of Itzsolvettcy. Upon the occurrence
on behalf of all Owners who hold the ~ o n d insured
s by the Bond Insurer absent a default by the Bond Insurer under the
Redemption Price of said Bonds andlor interest accrued to the Stated Maturity or Redemption Date, or if default in such
Notwithstanding anything in the Bond Resolution to the contrary, in the event that the principal andlor interest due
Independent Accountant acceptable to the Bond Insurer verifymg the sufficiency of the escrow established to pay the Bonds in
Insurer. The Bond Insurer shall be provided with final drafts of the above-referenced documentation not less than 15 business
manner with its covenants contained in the Bond Resolution, the Purchaser and/or any Beneficial Owner may make demand
1 RELATING
PROVI~IONS T O THEBOND INSURANCE POLICY
Payment P'rocedure Pursuant to Bond Insurance Policy. As long as the Bond Insurance Policy shall be in full
principal or interest on the Bonds-to a trustee in Bankruptcy ar creditors or others pursuant to a final judgment by a court of
telegraphic notice, confiied in writing by registered or certified mail.
(d) The Paying Agent is hereby irrevocably designated, appointed, directed and authorized to act as attorney-
as Paying Agent) in accordance with the terms of the Bond Insurance Policy payment fiom the Insurance Paying
Paying Agent) in accordance with the tenns of the Bond Insurance Policy payment therefor from the Insurance
interest thereon as provided and solely fiom the sources stated in the Bond Resolution and the Bonds; and
Consent of Bond Insurer. Any provision of the Bond Resolution expressly recognizing or granting rights in or to
such user or Owner.
Levy and Collection of Annrml Tax. The governing body of the Issuer shall annually make provision for the
upon all of the taxable tangible property within the Issuer in the manner provided by law. The taxes referred to above shall
be extended upon the tax rolls in each of the several years, respectively, and shall be levied and collected at the same time
and in the same manner as the other ad valorem taxes of the Issuer are levied and collected. The proceeds derived from said
taxes shall be deposited in the Bond and Interest Fund, shall be kept separate and apart from all other funds of the Issuer shall
thereafter be deposited in the Debt Service Account and shall be used solely for the payment of the principal of and interest
on the Bonds as and when the same become due, taking into account any scheduled mandatory redemptions, and the fees and
expenses of the Paying Agent. If at any time said taxes are not collected in time to pay the principal of or interest on the
Bonds when due, the Treasurer is hereby authorized and directed to pay said principal or interest out of the general funds of
the Issuer and to reimburse said general funds for money so expended when said taxes are collected.
additional rights, remedies, powers or authority that may lawfully be granted to or conferred upon the Owners, to conform the
Bond Resolution to future applicable federal law, or in connection with any other change therein which is not materially
adverse to the interests of the Owners.
with elect~onicor telephonic confmation of receipt. Copies of such notices shall also be given to the Paying Agent and the
Bond Insurer. The Issuer, the Paying Agent, the Bond Insurer and the Purchaser may from time to time designate, by notice
given hereunder to the others of such parties, such other address to whch subsequent notices, certificates or other
Electronic Transactions. The issuance of the Bonds and the transactions related thereto and describkd herein may
TEE CONTIh'UING DISCLOSURE INSTRUCTIONS
The Continuing Disclosure Instructions are executed and delivered by the Issuer in connection with the issuance of
the Bonds pursuant to the Bond Resolution, in which the Issuer covenants to enter into an undertaking to provide certain
financial and other information with respect to the Bonds in order to assist the Participating Underwriter in complying with
the provisions of the SEC Rule. The Issuer is the only "obligated person" with responsibility for continuing disclosure with
respect to the Bonds.
In addition to the definitions set forth in this "APPENDIX C - THE BOND RESOLUTION - Dejhitions" unless
otherwise defined herein, the following capitalized terms shall have the following meanings:
ttAnnualReport" means any Annual Report provided by the Issuer pursuant to the Disclosure Instructions.
"Dissemination Agent" means any entity designated in writing by the Issuer to serve as dissemination agent pursuant
to these Disclosure Instructions and which has filed with the Issuer a written acceptance of such designation.
"Financial Information" means the financial information of the Issuer described under the heading "PROVISION
O F ANNUAL REPORTS - Fitzancial Information."
"Material Events" means any of the events listed under the heading "REPORTING O F MATERIAL EVENTS."
"National Repository" means any Nationally Recognized Municipal Securities Information Repository for
purposes of the Rule.
"Operating Data" means the operating data of the Issuer described under the heading "PROVISION OF
ANNUAL REPORTS - Operating Data."
"Participating Underwriter" means any of the original underwriters of the Bonds required to comply with the Rule
in connection with offering of the Bonds.
"SEC" means the Securities and Exchange Commission of the United States.
"State Repository" means any public or private repository or entity designated by the State of Kansas as a state
repository for the purpose of the Rule and recognized as such by the SEC. As of the date of these Disclosure Instructions, there
is no State Repository.
PROVISION
OF ANNUAL REPORTS
The Issuer shall, or shall cause the Dissemination Agent to, not later than 210 days after the end of the Issuer's Fiscal
Year, commencing with the Fiscal Year ended in 2003, provide to each Repository the Issuer's Financial Information and
Operating Data ('jointly, the "Annual Report") as follows:
Financial Information. The audited financial statements of the Issuer for such prior Fiscal Year, prepared in
accordance with generally accepted auditing standards, in substantially the format contained in Appendiv B to the Official
Statement. If audited financial statements are not available by the time the Annual Report is required to be filed, the Annual
Report shall contain unaudited financial statements and the audited financial statements shall be filed in the same manner as the
Annual Report promptly after they become available. The accounting basis and the method of preparation of the financial
statements of the Issuer is contained in Appendix B to the Official Statement. The method of preparation and basis of
accounting of the Financial Information may not be changed to a basis less comprehensive than contained in the Official
Statement, unless the Issuer provides notice of such change in the same manner as for a Material Event.
Operating Data. Updates as of the end of the Fiscal Year of substantially all of the information and-data contained
in those sections of Appendix A to the Official Statement entitled "Economic Information," "Financial Information" and
"Debt Structure."
Any or all of the items listed above may be included by specific reference to other documents, including official
statements of debt issues with respect to which the Issuer is an "obligated person" (as defined by the SEC Rule), which have
been filed with each of the Repositories, the MSRB or the SEC. In each case, the Annual Report may be submitted as a
single document or as separate documents comprising a package, and may cross-reference other information; provided that
the Financial Information may be submitted separately fiom the balance of the Annual Report and later than the date required
above for the filing of the Annual Report if they are not available by that date. If the Issuer's Fiscal Year changes, it shall
give notice of such change in the same manner as for a Material Event.
If no Dissemination Agent has been appointed, the Issuer shall: (1) determine each year prior to the date for
providing the Annual Report the name and address of each Repository; and (2) file the Annual Report; or if the Annual
Report is not filed within the time period specified, the Issuer shall send a notice to each Repository of the failure to timely
file the Annual Report.
The Issuer shall give, or cause the Dissemination Agent, if any, to give, notice of the occurrence of any of the following
events with respect to the Bonds, if the Issuer deems such events to be material:
principal and interest payment delinquencies;

non-payment related defaults;
modifications to rights of bondowners;
optional, contingent or unscheduled bond calls;
defeasances;
rating changes;
adverse tax opinions or events affecting the tax-exempt status of the Bonds;
unscheduled draws on debt service reserves reflecting financial difficulties;
unscheduled draws on credit enhancements reflecting financial difficulties;
substitution of credit or liquidity providers, or their failure to perfom; or
release, substitution or sale of property securing repayment of the Bonds.
Such notice shall be given by promptly filing a notice of such occurrence with each National Repository or the MSRB
and the State Repository, with copies to the Bond Insurer. Notwithstanding the foregoing, notice of Material Events described in
(4) and (5) need not be given any earlier than the notice (if any) of the underlying event is given to the Owners of affected Bonds
pursuant to the Bond Resolution.
General. The Issuer may, from time to time, appoint or engage a Dissemination Agent to assist it in carrying out its
obligations under the Disclosure Instructions, and may discharge any such Dissemination Agent, with or without appointing a
successor Dissemination Agent.
Annual Reports. If a Dissemination Agent shall be appointed, not later than 15 Business Days prior to the date
specified for providing the Annual Report to the Repositories, the Issuer shall provide the Annual Report to the Dissemination
Agent. The Dissemination Agent shall determine each year prior to the date for providing the Annual Report the name and
address of each Repository and file a report with the Issuer certifymg that the Annual Report has been provided pursuant to the
Disclosure Instructions, stating the date it was provided, and listing all the Repositories to which it was provided, or that the
Issuer has certified to the Dissemination Agent that the Issuer has provided the Annual Report to the Repositories. If the
Dissemination Agent has not received an Annual Report or has not received a written notice fiom the Issuer that it has provided
an Annual Report to the Repositories by the date required, the Dissemination Agent shall send a notice to each Repository.
Material Event Notices.
(1) The Dissemination Agent shall, promptly after obtaining actual knowledge of the occurrence of the
occurrence of any event that it believes may constitute a Material Event, contact the chef financial officer of the Issuer or his
or her designee, or such other person as the Issuer shall designate in writing to the Dissemination Agent from time to time,
inform such person of the event, and request that the Issuer promptly notify the Dissemination Agent in writing whether or
not to report the event.
(2) The Issuer will promptly respond in writing to any such request. Whenever the Issuer obtains knowledge
of the occurrence of a Material Event, because of a notice from the Dissemination Agent or otherwise, the Issuer shall
promptly determine if such event would be material under applicable federal securities law. If the Issuer has determined that
knowledge of the occurrence of a Material Event would be material under applicable federal securities law, the Issuer shall
promptly so notify the Dissemination Agent in writing. Such notice shall instruct the Dissemination Agent to report the
occurrence. If the Issuer has determined that knowledge of a Material Event would not be material under federal securities
law, the Issuer shall promptly so notify the Dissemination Agent in writing. Such notice shall instruct the Dissemination
Agent not to report the occurrence.
(3) If the Dissemination Agent has been given written instructions by the Issuer to report the occurrence of a
Material Event, the Dissemination Agent shall promptly file a notice of such occurrence with each National Repository or the
MSRB and the State Repository, with copies to the Issuer and the Bond Insurer. Notwithstanding the foregoing, notice of
Material Events described in paragraphs (4) and (5) need not be given any earlier than the notice (if any) of the underlying
event is given to the Owners of affected Bonds pursuant to the Bond Resolution.
Duties, Immunities and Liabilities of Dissemination Agent. The Dissemination Agent shall have only such duties as
are specifically set forth in the Disclosure Instructions. The Dissemination Agent shall not be responsible in any manner for the
content of any notice or report prepared by the Issuer.
Termittation of Reporting Obligation. The Issuer's obligations under the Disclosure Instructions shall terminate upon
the legal defeasance, prior redemption or payment in full of all of the Bonds. If the Issuer's obligations are assumed in full by
some other entity as permitted in the Bond Resolution, such person shall be responsible for compliance with under the
Disclosure Instructions in the same manner as if it were the Issuer, and the Issuer shall have no further responsibility. If such
termination or substitution occurs prior to the final maturity of the Bonds, the Issuer shall give notice of such termination or
substitution in the same manner as for a Material Event
Amendment; Waiver. The Issuer and the Dissemination Agent, if any, may amend the Disclosure Instructions (and the
Dissemination Agent shall not unreasonably refuse to execute any amendment so requested by the Issuer) and any provision of
the Disclosure Instructions may be waived, provided that: (a) Bond Counsel or other counsel experienced in federal securities
law matters provides the Issuer and the Dissemination Agent, if any, with its opinion that the undertaking of the Issuer, as so
amended or after giving effect to such waiver, is in compliance with the SEC Rule and all current amendments thereto and
interpretations thereof that are applicable to of the Disclosure; (b) if the amendment or waiver relates to the Annual Report or a
Material Event, such amendment or waiver may only be made in connection with a change in circumstances that arises from a
change in law or legal requirements, or change in the identity, nature or status of an obligated person with respect to the Bonds,
or the type of business conducted; and (c) the amendment or waiver is either (1) approved by the Owners of the Bonds in the
same manner as provided in the Bond Resolution with consent of the Owners, or (2) does not in the opinion of Bond Counsel
materially impair the interests of the Owners or Beneficial Owners of the Bonds.
In the event of any amendment or waiver, the Issuer shall describe such amendment in the next Annual Report, and
shall include, as applicable, a narrative explanation of the reason for the amendment or waiver and its impact on the type (or, in
the case of a change of accounting principles, on the presentation) of Financial Information or Operating Data being presented
by the Issuer. In addition, if the amendment relates to the accounting principles to be followed in preparing financial statements:
(a) notice of such change shall be given in the same manner as for a Material Event in the Annual Report for the year in which
the change is made should present a comparison (in narrative form and also, if feasible, in qkntitative form) between the
financial statements as prepared on the basis of the new accounting principles and those prepared on the basis of the former
Additional Itformation. Nothing shall be deemed to prevent the Issuer from disseminating any other information,
using the means of dissemination set forth in the Disclosure Instructions or any other means of communication, or including any
other information in any Annual Report or notice of occurrence of a Material Event, in addition to that which is required,by the
Disclosure Instructions.
Noncomplinnce. In the event of a failure of the Issuer or the Dissemination Agent, if any, to comply with any
provision of the Disclosure Instructions, the Participating Underwriter or any Beneficial Owner of the Bonds may take such
actions as may be necessary and appropriate, including seeking mandamus or specific performance by court order, to cause the
Issuer or the Dissemination Agent, if any, as the case may be, to comply with its obligations under the Disclosure Instructions.
Noncompliance with the provisions of the Disclosure Instructions shall not be deemed an Event of Default under the Bond
Resolution, and the sole remedy under the Disclosure Instructions in the event of any failure of the Issuer or the Dissemination
Agent, if any, to comply with the Disclosure Instructions shall be an action to compel performance.
Benejiciaries. The Disclosure Instructions shall inure solely to the benefit of the Issuer, the Dissemination Agent, if
any, the Participating Underwriter and Beneficial Owners from time to time of the Bonds, and shall create no rights in any other
person or entity.
Governing Law. The Disclosure Instructions shall be governed by and construed in accordance with the laws of
the State.

APPENDlX D
SPECIMEN BOND INSURANCE POLICY
Policy No. [NLTMBER]
MEW. Insurance Corpomtion (the "Insurer"), in consideration of the payment of the premium and subject to the terms of this policy, hereby
unconditionally and irrevocably guarantees to any owner, as hereinafter defined, of the following described obligations, the full and complete
payment required to be made by or on behalfof the Issuer to the Treasurer of the State of Kansas, Topeka, Kansas, or its successor (the "Paying
Agent'? of an amount equal to (i) the principal of (either at the stated maturity or by any advancement of maturity pursuant to a mandatory
sinking h d payment) and inkerest on, the Obligations (as that term is defined below) as such payments shall become due but shall not be so
paid (except that in the event of any acceleration of the due date of such principal by reason of mandatory or optional redemption or acceleration
resulting h m default or otherwise, other than any advancement of maturity pursuant to a mandatory sinking fund paymenf the payments
guaranteed hereby shall be made in such amounts and at such times as such payments of principal would have been due had there not been any
such acceleration); and (ii) the reimbursement of any such payment which is subsequently recovered h m any owner pursuant to a final
judgment by a court of competentjurisdiction that such payment constitutes an avoidable preference to such owner within the meaning of any
applicablebankruptcy law. The amounts referred to in clauses (i) and (ii) of the preceding sentenceshall be. referred to herein collectively as the
"Insured Amounts." "Obligations" shall mean:

$5,323,000* $515,000"
SERIES 2004-B
Upon receipt of telephonic or tele-mphic notice, such notice subsequently confumed in writing by registered or cextified mail or upon receipt of
written notice by registered or certified mail, by the Insurer fiom the Paying Agent or any owner of an Obligation the payment of an Insured
Amount for which is then due, that such required payment has not been made, the Insurer on the due date of such payment or within one
business day after receipt of notice of such nonpayment, whichever is later, will make a deposit of funds, in an account with U.S. Bank Trust
National Association, in New York, New York, or its successor, sufficient for the payment of any such Insured Amounts which are then due.
Upon presentment and surrender of such Obligations or presentment of such other proof of ownership of the Obligations, together with any
appropriate instruments of assignment to evidence the assignment of the Insured Amounts due on the Obligations as are paid by the Insurer, and
appropriate instruments to effect the appointment of the Insurer as agent for such owners of the Obligations in any legal proceeding related to
payment of Insured Amounts on the Obligations, such instruments being in a form satisfactory to U.S. Bank Trust National Association, U.S.
Bank Trust National Association shall disburse to such owners, or the Paying Agent payment of the Insured Amounts due on such Obligations,
less any amount held by the Paying Agent for the payment of such Insured Amounts and legally available therefor. This policy does not insure
against loss of any prepayment premium which may at any time be payable with respect to any Obligation.
As used herein, the term "owner" shall mean the registered owner of any Obligation as indicated in the books maintained by the Paying Agent,
the Issuer, or any designee of the Issuer for such purpose. The term owner shall not include the Issuer or any party whose agreement with the
Issuer constitutes the underlying security for the Obligations.
Any service of process on the Insurer may be made to the Insurer at its offices located at 113 King Street, Armonk, New York 10504 and such
service of p~ocessshall be valid and binding.
Thii policy is non-cancellable for any reason. The premium on this policy is not rehdable for any reason including the payment prior to
maturity of the Obligations.
IN WITNESS WHEREOF, the Insurer has caused this policy to be executed in facsimile on its behalf by its duly authorized officers, this
PAY] day of MONTH, YEAR]. .. r
07/28/2004
BOND PURCEtASE AGREEMENT
BETWEEN
AND
GEORGE K. BAUM & COMPANY

WICHITA, KANSAS
DATED AS OF SEPTEMBER 1,2004
$5,323,000 $515,000
SERIES 2004-B
$5,323,000 $515,000
SERIES 2004-B
July 29,2004
Mayor and
Governing Body
BOND PURCHASE AGREEMENT
On the basis of the representations, warranties and covenants and upon the terms and conditions
contained in this Bond Purchase Agreement, George K. Baum & Company, Wichita, Kansas (the
"Purchaser"), hereby offers to purchase the above-described bonds (the "Series 2004-A Bonds," the
"Series 2004-B Bonds" or collectively the "Bonds"), to be issued by the City of Newton, Kansas (the
"Issuer"), under and pursuant to an Ordinance and two Resolutions to be adopted by the governing body
of the Issuer this date (the "Series 2004-A Resolution," the "Series 2004-B Resolution" or collectively the
"Bond Resolution"). All capitalized terms not specifically defined herein shall have the same meaning as
defined in the Bond Resolution, unless some other meaning is plainly indicated.
This offer is made subject to acceptance of this Bond Purchase Agreement by the governing
body of the Issuer on or before 10:OO p.m., applicable Central time, on this date.
SECTION 1. PURCHASE, SALE AND DELIVERY OF THE BONDS
On the basis of the representations, warranties and covenants contained herein and in the other
agreements and documents referred to herein, and subject to the terms and conditions herein set forth, the
Purchaser agrees to purchase from the Issuer and the Issuer agrees to sell to the Purchaser the Bonds not
later than 12:OO Noon, applicable Central time on September 1,2004, or such other plaice, time or date as
shall be mutually agreed upon by the Issuer and the Purchaser at the purchase price set forth on ExJtibit A
attached hereto, plus accrued interest from the date of the Bonds to the Closing Time. The Bonds shall be
issued under and secured as provided in the Bond Resolution and the Bonds shall have the maturities and
interest rates as set forth therein and on ExJtibit A attached hereto which also contains a summary of the
redemption provisions of the Bonds.
Payment for the Bonds shall be made by federal wire transfer or certified or official bank check
or draft in immediately available federal funds payable to the order of a financial institution to be
designated by the Issuer for the account of the Issuer. Upon such payment, the Bonds shall be delivered
and released upon the instructions of the Purchaser to The Depository Trust Company, New York, New
York. The date of such delivery and payment is herein called the "Closing Date," the hour and date of
such delivery and payment is herein called the "Closing Time" and the transactions to be accomplished
for delivery of the Bonds on the Closing Date shall be herein called the Closing.
The delivery of the Bonds shall be made in "book-entry-only" fully registered form duly
executed and authenticated and bearing CUSP numbers (provided neither the printing of a wrong number
on any Bond nor the failure to print a number thereon shall constitute cause to refuse delivery of any
Bond); provided, however, that the Bonds may be delivered in temporary form. The Bonds shall be
available at DTC for examination and packaging by the Purchaser at least 24 hours prior to the
Closing Time.
The Purchaser agrees to offer the Bonds to the public initially at the offering prices or yields set
forth in Exhibit A attached hereto and incorporated herein by reference, but may subsequently change
such offering price; the Purchaser agrees to notify the Issuer of such changes, if such changes occur prior
to the Closing Time, but failure so to notify shall not invalidate such changes. The Purchaser may offer
and sell the Bonds to certain dealers (including dealers depositing the Bonds into investment tmsts) at
prices lower than the public offering prices.
SECTION 2. USE OF OFFICIAL STATEMENT
The Issuer has previously furnished to the Purchaser the Preliminary Official Statement, dated
July 23, 2004 relating to the Bonds, including all appendices thereto and maps and pictorial information
included therein (the "Preliminary Official Statement"). The Issuer hereby ratifies and confirms the
Purchaser's use of the Preliminary Official Statement. The Issuer will cause the Preliminary Official
Statement to be amended and supplemented into a final official statement (the "Official Statement"). The
Issuer will make available to the Purchaser the Official Statement, and hereby authorizes its use by the
Purchaser in connection with the sale of the Bonds.
I SECTION 3. ISSUER'S REPRESENTATIONS AND WARRANTIES
By the Issuer's acceptance hereof the Issuer hereby represents and warrants to, and agrees with,
the Purchaser that as of the date hereof and at the Closing Time:
1 (a) The Issuer is a municipal corporation duly organized under the laws of the State .of
Kansas.
(b) The Issuer has complied with all provisions of the Constitution and laws of the State of
Kansas and has full power and authority to consummate all transactions contemplated by the Bond
Resolution and this Bond Purchase Agreement, and all other agreements relating thereto.
(c) The Issuer has duly authorized by all necessary action to be taken by the Issuer (1) the
adoption and performance of the Bond Resolution; (2) the execution, delivery and performance of this
Bond Purchase Agreement; (3) the approval of the Official Statement; (4) the execution and performance
of any and all such other agreements and documents as may be required to be executed, delivered and
performed by the Issuer in order to carry out, give effect to and consummate the transactions
contemplated by the Bond Resolution and this Bond Purchase Agreement; and (5) the carrying out, giving
effect to and consummation of the transactions contemplated by the Bond Resolution and this Bond
Purchase Agreement. Executed counterparts of the Bond Resolution and all such other agreements and
documents specified herein will be delivered to the Purchaser by the Issuer at the Closing Time.
(d) The Bond Resolution and this Bond Purchase Agreement, when executed and delivered
by the Issuer, will be the legal, valid and binding obligations of the Issuer enforceable in accordance with
their terms, except to the extent that enforcement thereof may be limited by any applicable bankruptcy,
reorganization, insolvency, moratorium or other law or laws affecting the enforcement of creditors' rights
generally or against entities such as the Issuer and further subject to the availability of equitable remedies.
(e) The Bonds have been duly authorized by the Issuer, and when issued, delivered and
paid for as provided for herein and in the Bond Resolution, will have been duly executed, authenticated,
issued and delivered and will constitute valid and binding general obligations of the Issuer enforceable in
accordance with their terms and entitled to the benefits and security of the Bond Resolution (subject to
any applicable bankruptcy, reorganization, insolvency, moratorium or other law or laws affecting the
enforcement of creditors' rights generally or against entities such as the Issuer and further subject to the
availability of equitable remedies). The Bonds are general obligations of the Issuer, payable as to both
principal and interest, if necessary, from ad valorem taxes which may be levied without limitation as to
rate or amount upon all the taxable tangible property, real and personal, within the territorial limits of
the Issuer. The Bonds shall not constitute an indebtedness of the Issuer within the meaning of any
constitutional or statutory provision, limitation or restriction.
(0 The execution and delivery of the Bond Resolution, this Bond Purchase Agreement, the
Bonds and the Official Statement and compliance with the provisions thereof, will not conflict with or
constitute on the part of the Issuer a violation or breach of, or a default under, any existing law, regulation,
court or administrative decree or order, or any agreement, ordinance/resolution, mortgage, lease or other
instrument to which it is subject or by which it is or may be bound;
(g) The Issuer is not, or with the giving of notice or lapse of time or both would not be, in
violation of or in default under its organizational documents or any indenture, mortgage, deed of trust,
loan agreement, bonds or other agreement or instrument to which the Issuer is a party or by which it is or
may be bound, except for violations and defaults which individually and in the aggregate are not material
to the Issuer and will not be material to the beneficial owners of the Bonds. As of the Closing Time, no
event will have occurred and be continuing which with the lapse of time or the giving of notice, or both,
would constitute an event of default under the Bond Resolution or the Bonds.
(h) The information contained in the Preliminary Official Statement as amended and
supplemented by the Official Statement and in any amendment or supplement thereto that may be
authorized for use by the Issuer with respect to the Bonds (collectively, the "Official Statement"), relating
to: (1) the Issuer, including the organization, operations, structure, and financial and other affairs of the
foregoing; (2) the financial statements including income statements and balance sheets referred to in
subsection Cj) hereof; (3) application by the Issuer of the proceeds to be received by it from the sale of the
Bonds and other funds, if any, of the Issuer to be applied in accordance with the Bond Resolution; and (4)
the Issuer's participation in the transactions contemplated by the Bond Resolution and this Bond Purchase
Agreement is, and as of the Closing Time will be, true, correct and complete in all material respects and
does not omit and will not omit to state a material fact necessary in order to make the statements made
therein, in light of the circumstances under which they were made, not misleading.
(i) For the purpose of enabling the Purchaser to comply with the requirements of Rule
15c2-12(b)(l) of the Securities and Exchange Commission, promulgated under the Securities Exchange
Act of 1934, as amended (the "1934 Act"), the Issuer hereby deems the information regarding the Issuer
contained in the Preliminary Official Statement to be "final" as of itsdate, except for the omission of such
information as is permitted by Rule 15c2-12(b)(l), such as offering prices, interest rates, selling
compensation, aggregate principal amount, principal amount per maturity, delivery dates, ratings, identity
of the underwriters and other terms of the Bonds depending on such matters.
fi) The financial statements of the Issuer contained in or attached to the Official Statement,
except as noted therein, present fairly and accurately the financial condition of the Issuer as of the dates
indicated and the results of its operations for the periods specified, and such financial statements are
prepared in conformity with generally accepted accounting principles consistently applied in all material
respects for the periods involved.
(k) The Issuer has not, since the date of such financial statements, incurred any material
liabilities and there has been no material adverse change in the condition of the Issuer, financial or
otherwise, other than as set forth in the Official Statement.
(1) There is no action, suit, proceeding, inquiry or investigation at law or in equity or

before or by any court, public board or body pending or, to the knowledge of the Issuer, threatened
against or affecting the Issuer (or, to its knowledge, any basis therefor) wherein an unfavorable decision,
ruling or finding would adversely affect the transactions contemplated hereby or by the Bond Resolution
or the validity of the Bonds, the Bond Resolution, this Bond Purchase Agreement or any agreement or
instrument to which the Issuer is a party and which is used or contemplated for use in the consummation
of the transactions contemplated hereby or by the Bond Resolution.
(m) The Bond Resolution requires the Issuer to provide the annual financial information,
operating data and event notices to information repositories and the Municipal Securities Rulemaking
Board in the manner and to the extent required by Rule 15c2-12 adopted by the Securities and Exchange
Commission under the 1934 Act, in a manner and to the extent acceptable to the Purchaser and its
counsel, if any. The specific nature of the undertaking to comply with such rule shall be contained in the
Continuing Disclosure Instructions attached to the Issuer's closing certificate. Except to the extent
disclosed in the Official Statement, at no time in the last five years has the Issuer failed to comply in any
material respect with any of the informationalreporting undertakings contained in Rule 15~2-12.
(n) The Purchaser has previously acted as financial advisor to the Issuer and does hereby:
(1) terminate its financial advisory relationship with the Issuer with regard to the proposed issuance of the
Bonds; (2) confirm to the Issuer its prior advice in writing to the Issuer that a conflict of interest may exist
by virtue of the Purchaser changing from the capacity of financial advisor to that of purchaser of the
Bonds; and (3) confirm to the Purchaser that, in addition to its fee for financial advisory services rendered
prior to the date hereof, if any, the source and amount of remuneration to the Purchaser with respect to the
purchase of the Bonds is as set forth in this Bond Purchase Agreement. The Issuer does hereby consent to
the participation in the purchase of the Bonds by the Purchaser and acknowledges the receipt of the
foregoing disclosures in accordance with Rule G-23 of the Municipal Securities Rulemaking Board.
Any certificate signed by any of the authorized offkials of the Issuer and delivered to the
Purchaser in connection with the Closing shall be deemed a representation and warranty by the Issuer to
the Purchaser as to the statements made therein.
I SECTION 4. COVENANTS AND AGREEMENTS OF THE ISSUER
The Issuer covenants and agrees with the Purchaser for the time period specified, and if no
period is specified, for so long as any of the Bonds remain Outstanding, as follows:
(a) The proceeds of the Bonds will be used as provided in the Bond Resolution for
purposes authorized by the Act. The proceeds of the Series 2004-A Bonds shall not be used in a manner
which would jeopardize the tax exempt status of interest on the Series 2004-A ~ o n d ;under the provisions
of Section 103 of the Code, as long as any of the Bonds are Outstanding.
(b) To cooperate with the Purchaser and its counsel in any reasonable endeavor to qualify
the Bonds for offering and sale under the securities or "Blue Sky" laws of such jurisdictions of the United
States as the Purchaser may reasonably request; and the Issuer shall, if so requested by the Purchaser, with
respect to the offer or sale of the Bonds, file written consents to suit and file Wtten consents to service of
process in any jurisdiction in which such consent may be required by law or regulation so that the Bonds
may be offered or sold. The Issuer consents to the use of drafts of the Preliminary Official Statement, the
Preliminary Official Statement and drafts of the Official Statement prior to the availability of the Official
Statement by the Purchaser in obtaining such qualification. The Purchaser shall pay all expenses and
costs (including legal, registration and filing fees) incurred in connection therewith.
(c) If, prior to the earlier of (1) 90 days after the "end of the underwriting period" (as
defined in Rule 15c2-12 under the 1934 Act) or (2) the time when the Of3cial Statement is available to
any person from a nationally recognized municipal securities information repository, but in no case earlier
than 25 days after the end of the underwriting period, any event shall occur relating to or affecting the
Issuer, as a result of which it is necessary to amend or supplement the Official Statement in order to make
the statements therein, in the light of the circumstances existing when the Official Statement is delivered
to a purchaser, not materially misleading, or the Official Statement is required to be amended or
supplemented to comply with law, the Issuer shall promptly prepare and furnish, at the expense of the
Issuer, to the Purchaser and to the dealers (whose names and addresses the Purchaser will furnish to the
Issuer) to which Bonds may have been sold by the Purchaser and to any other dealers upon request, such
amendments or supplements to the Official Statement as may be necessary so that the statements in the
Official Statement as so amended or supplemented will not, in the light of the circumstances existing
when the Official Statement is delivered to a purchaser of the Bonds, be misleading or so that the Official
Statement will comply with law.
(d) Within seven business days after the date of this Bond Purchase Agreement or within
sufficient time to accompany any confirmation that requests payment fiom any customer of the Purchaser,
whichever is earlier, the Issuer shall provide to the Purchaser sufficient copies of the Official Statement to
enable the Purchaser to comply with the requirements of Rule 15c2-12(b)(4) under the 1934 Act, and with
the requirements of Rule G-32 of the Municipal Securities Rulemaking Board.
(e) From the date hereof until the Closing Time, the Issuer shall furnish the Purchaser with
a copy of any proposed amendment or supplement to the Official Statement for review and shall not use
any such proposed amendment or supplement to which the Purchaser reasonably objects.
I SECTION 5. CONDITIONS TO THE PURCHASER'S OBLIGATIONS
The Purchaser's obligations hereunder shall be subject to the due performance by the Issuer of
the Issuer's obligations and agreements to be performed hereunder at or prior to the Closing Time and to
the accuracy of and compliance with the Issuer's representations and warranties contained herein, as of
the date hereof and as of the Closing Time, and are also subject to the following conditions:
(a) The Bond Resolution and the Bonds shall have been duly authorized, executed and
delivered in the form heretofore approved by the Purchaser with only such changes therein as shall be
mutually agreed upon by the Issuer and the Purchaser.
(b) At the Closing Time, the Purchaser(s) shall receive:
(1) Opinions dated as of the Closing Date, of Messrs. Gilmore & Bell, P.C., Bond
Counsel substantially in the form attached hereto as Exhibit B-I and Exhibit B-2.
(2) A completed form 8038-G (Information Return for Tax-Exempt Governmental

Bond Issuers) with respect to the Series 2004-A Bonds.
(3) A certificate of the Issuer, satisfactory in form and substance to the

Purchaser(s), dated as of the Closing Date, to the effect that (i) since the date of the Official
Statement there has not been any material adverse change in the business, properties, financial
condition or results of operations of the Issuer, whether or not arising fiom transactions in the
ordinary course of business, from that set forth in the Official Statement, and except in the
ordinary course of business or as set forth in the Official Statement, the Issuer has not incurred
any material liability; (ii) there is no action, suit, proceeding or, to the knowledge of the Issuer,
any inquiry or investigation at law or in equity or before or by any public board or body pending
or, to the knowledge of the Issuer, threatened against or affecting the Issuer, its officers or its
property or, to the best of the knowledge of the Issuer, any basis therefor, wherein an
unfavorable decision, ruling or finding would adversely affect the Issuer, the transactions
contemplated hereby or by the Bond Resolution or the Official Statement or the validity or
enforceability of the Bonds or the Bond Purchase Agreement, which are not disclosed in the
Official Statement; (iii) to the knowledge of the Issuer, the information contained in the Official
Statement, other than the sections entitled "The Depository Trust Company," "The MBIA
Insurance Corporation Insurance Policy," "Bond Ratings," "Legal Matters," and Appendices B,
C and D for which the Issuer expresses no opinion, is true in all material respects and does not
contain any untrue statement of a material fact and does .not omit to state a material fact
necessary in order to make the statements made, in the light of the circumstances under which
they were made, not misleading; (iv) the Issuer has duly authorized, by all necessary action, the
execution, delivery and due performance by the Issuer of this Bond Purchase Agreement; and
(v) the representations and warranties of the Issuer set forth herein were accurate and complete
as of the date hereof and are accurate and complete as of the Closing Time.
(4) An "undertaking" by the Issuer to provide the annual financial information,

operating data and event notices to information repositories in the manner and to the extent
required by Rule 15~2-12adopted by the Securities and Exchange Commission under the 1934
Act, in the form and substance acceptable to the Purchaser and its counsel, if any. .
(5) Receipt of a municipal bond insurance policy(ies) issued by MBIA.
(6) Receipt of municipal bond ratings by Standard & Poor's of at least "AAA"
(based on the bond insurance policy(ies)).
(7) Such additional certificates, legal and other documents, listed on a closing
agenda to be approved by Bond Counsel and counsel to the Purchaser, as the Purchaser may
reasonably request to evidence performance or compliance with the provisions hereof and the
transactions contemplated hereby and by the Bond Resolution, or as Bond Counsel shall require
in order to render its opinion, all such certificates and other documents to be satisfactory in form
and substance to the Purchaser.
SECTION 6. CONDITIONS TO THE ISSUER'S OBLIGATIONS
The obligations of the Issuer hereunder are subject to: (a) the Purchaser's performance of its
obligations hereunder; and (b) and the receipt of a certificate of the Paying Agent for the sufficiency of
funds for payment of the Refunded Bonds in accordance with the Series 2004-B Resolution.
SECTION 7. THE PURCHASER'S RIGHT TO CANCEL
The Purchaser shall have the right to cancel the obligation hereunder to purchase the Bonds
(such cancellation shall not constitute a default for purposes of Section I hereof) by notifying the Issuer
in writing or by facsimile of their election to make such cancellation prior to the Closing Time, if at any
time hereafter and prior to the Closing Time:
(a) A committee of the House of Representatives or the Senate of the Congress of the
United States shall have pending before it legislation which, if enacted in its form as introduced or as
amended, would have the purpose or effect of imposing federal income taxation upon revenues or other
income of the general character to be derived by the Issuer or by any similar body or upon interest
received on obligations of the general character of the Series 2004-A Bonds, or the Series 2004-A Bonds,
which, in the Purchaser's opinion, materially adversely affects the market price of the Series 2004-A
Bonds.
(b) A tentative decision with respect to legislation shall be reached by a committee of the
House of Representatives or the Senate of the Congress of the United States, or legislation shall be
favorably reported by such a committee or be introduced, by amendment or otherwise, in or be passed by
the House of Representatives or the Senate, or be recommended to the Congress of the United States for
passage by the President of the United States, or be enacted by the Congress of the United States, or a
decision by a court established under Article III of the Constitution of the United States or the Tax Court
of the United States shall be rendered, or a ruling, regulation or order of the Treasury Department of the
United States or the Internal Revenue Service shall be made or proposed having the purpose or effect of
imposing federal income taxation, or any other event shall have occurred which results in the imposition
of federal income taxation, upon revenues or other income of the general character to be derived by the
Issuer or by any similar body or upon interest received on obligations of the general character of the
Series 2004-A Bonds, or the Series 2004-A Bonds, which, in the Purchaser's opinion, materially and
adversely affects the market price of the Series 2004-A Bonds.
(d) Any legislation, ordinance, rule or regulation shall be introduced in or be enacted by the .
Legislature of the State or by any other governmental body, department or agency of the State, or a
decision by any court of competent jurisdiction within the State shall be rendered which, in the
Purchaser's opinion, materially and adversely affects the market price of the Bonds, or litigation
challenging the law under which the Bonds are to be issued shall be filed in any court in the State.
(e) A stop order, ruling, regulation or official statement by, or on behalf of, the Securities
and Exchange Commission or any other governmental agency having jurisdiction of the subject matter
shall be issued or made to the effect that the issuance, offering or sale of obligations of the general
character of the Bonds, or the issuance, offering or sale of the Bonds, including all underlying obligations,
as contemplated hereby or by the Official Statement, is in violation or would be in violation of any
provision of the SecuritiesAct of 1933, as amended (the "1933 Act"), the 1934 Act or the Trust Indenture
Act of 1939, as amended.
(Q Legislation shall be enacted by the Congress of the United States of America, or a
decision by a court of the United States of America shall be rendered, to the effect that obligations of the
general character of the Bonds, or the Bonds, including all the underlying obligations, are not exempt
from registration under or fiom other requirements of the 1933Act or the 1934Act.
(g) Any event shall have occurred, or information become known, which, in the Purchaser's
opinion, makes untrue in any material respect any statement or information contained in the Preliminary
Official Statement as originally circulated, or has the effect that the Preliminary Official Statement as
originally circulated contains an untrue statement of a material fact or omits to state a material fact
necessary in order to make the statements made therein, in the light of the circumstances under which
they were made, not misleading.
(h) Additional material restrictions not in force as of the date hereof shall have been
imposed upon trading in securities generally by any governmental authority or by any national
securities exchange.
(i) The New York Stock Exchange or any other national securities exchange, or any
governmental authority, shall impose, as to the Bonds or obligations of the general character of the Bonds,
any material restrictions not now in force, or increase materially those now in force, with respect to the
extension of credit by, or the charge to the net capital requirements of, the Purchaser.
) Any general banking moratorium shall have been established by federal, New York or
Kansas authorities.
(k) A material default has occurred with respect to the obligations of, or proceedings have
been instituted under the Federal bankruptcy laws or any similar state laws by or against, any state of the
United States or any city located in the United States having a population in excess of one million persons
or any entity issuing obligations on behalf of such a city or state which, in the Purchaser's opinion,
materially adversely affects the market price of the Bonds.
(1) Any proceeding shall be pending or threatened by the Securities and Exchange
Commission against the Issuer.
(m) A war involving the United States shall have been declared, or any conflict involving
the armed forces of the United States shall have escalated, or any other national emergency relating to the
.effective operation of government or the financial community shall have occurred, which, in the
Purchaser's opinion, materially adversely affects the market price of the Bonds.
(n) The Preliminary Official Statement deemed by the Issuer to be "final" is thereafter
amended or supplemented in a manner that may, in the reasonable judgment of the Purchaser, have a
material adverse effect on the marketability of the Bonds.
(0) Any-financialrating assigned to the Bonds shall have been downgraded or withdrawn
and such action, in the opinion of the Purchaser, materially affects the market for the Bonds.
SECTION 8. PAYMENT OF EXPENSES
(a) Whether or not the Bonds are sold by the Issuer to the Purchaser (unless such sale be
prevented at the Closing Time by the Purchaser's default), the Purchaser, unless otherwise contracted for,
shall be under no obligation to pay any expenses incident to the performance of the obligations of the
Issuer hereunder; nor shall the Issuer, unless otherwise contracted for, be under any obligation to pay any
expenses incident to the performance of the obligations of the Purchaser hereunder (unless such sale be
prevented at the Closing Time by the Issuer's default).
(b) If the Bonds are sold by the Issuer to the Purchaser, all expenses and costs to effect the
authorization, preparation, issuance, delivery and sale of the Bonds, other than the fees and expenses of
the Purchaser, shall be paid by the Issuer out of the proceeds of the Bonds. Such expenses and costs shall
include, but not be limited to: (1) the fees and disbursements of Gilmore & Bell, P.C., bond counsel; (2)
the fees and disbursements of the Issuer's legal counsel; (3) costs associated with obtaining municipal
bond insurance or municipal bond ratings relating to the Bonds and the Refunded Bonds, if any; (4) the
expenses and costs for the preparation, printing, photocopying, execution and delivery of the Bonds, the
Official Statement, this Bond Purchase Agreement and all other agreements and documents contemplated
hereby; (5) fees of the Bond Registrar and Paying Agent designated by the Issuer pursuant to the Bond
Resolution; and (6) all costs and expenses of the Issuer relating to the issuance of the Bonds.
The Purchaser shall deduct the premium charged by the Bond Insurer for the municipal bond
insurance policy from the purchase price for the Bonds and shall make such premium payment directly
to the Bond Insurer.
SECTION 9. NOTICE
Any notice or other communication to be given under this Bond Purchase Agreement may be
given by mailing or delivering the same in writing to the applicable person, as follows:
(a) If to the Issuer at: City of Newton, Kansas, City Hall, 201 E. 6th, P.O. Box 426,
Newton, Kansas 67 114, Attention: Clerk; and
(b) I£ to the Purchaser at: George K. Baum & Company, 100 N. Main, Suite 810, Wichita,
Kansas 67203, Attention: Manager, Public Finance Department.
SECTION 10. INDEMNIFICATION
(a) The Issuer agrees, to the extent legally permitted, to indemnify and hold harmless the
Purchaser, any member, officer, official or employee of the Purchaser within the meaning of Section 15 of
the 1933 Act (collectively, the "Indemnified Parties"), against any and all losses, claims, damages,
liabilities or expenses whatsoever caused by any untrue statements or misleading statement or allegedly
misleading statement of a material fact contained in the Official Statement or caused by any omission or
alleged omission from the Official Statement of any material fact necessary in order to make the
statements made therein, in the light of the circumstances under which they were made, not misleading;
provided that the Issuer shall have no indemnification obligation with respect to any statement or
omission in the information contained in the Official Statement under the heading "Underwriting."
In case any action shall be brought against one or more of the Indemnified Parties based upon
the Official Statement and in respect of which indemnity may be sought against the Issuer, the
Indemnified Parties shall promptly notify the Issuer in writing and the Issuer shall promptly assume the
defense thereof, including the employment of counsel, the payment of all expenses and the right to
negotiate and consent to settlement. Any one or more of the Indemnified Parties shall have the right to
employ separate counsel in any such action and to participate in the defense thereof, but the fees and
expenses of such counsel shall be at the expense of such Indemnified Party or Indemnified Parties unless
employment of such counsel has been specifically authorized by the Issuer. The Issuer shall not be liable
for any settlement of any such action effected without its consent by any of the Indemnified Parties, but if
settled with the consent of the Issuer or if there be a final judgment for the plaintiff in any such action
against the Issuer or any of the Indemnified Parties, with or without the consent of the Issuer, the Issuer
agrees to indemnify and hold harmless the Indemnified Parties to the extent provided herein.
(b) The Purchaser agrees, to the extent legally permitted, to indemnifl and hold harmless
the Issuer and any governing body member, officer, official or employee of the Issuer, against any and all
losses, claims, damages, liabilities or expenses whatsoever caused by any untrue statements or misleading
statement or allegedly misleading statement of a material fact made by the Purchaser, or any agent,
employee or official of the Purchaser, made in conjunction with the sale of the Bonds; provided that the
Purchaser shall have no indemnification obligation with respect to any statement or omission in the
information contained supplied by the Issuer or the Issuer's representatives that are contained in the
Official Statement.
In case any action shall be brought against one or more of the persons or entities identified in
the preceding paragraph and in respect of which indemnity may be sought against the Purchaser, such
parties shall promptly notify the Purchaser in writing and the Purchaser shall promptly assume the
defense thereof, including the employment of counsel, the payment of all expenses and the right to
negotiate and consent to settlement. Any one or more of such parties shall have the right to employ
separate counsel in any such action and to participate in the defense thereof, but the fees and expenses of
such counsel shall be at the expense of such party unless employment of such counsel has been
specifically authorized by the Purchaser. The Purchaser shall not be liable for any settlement of any such
action effected without its consent by any of such parties, but if settled with the consent of the Purchaser
or if there be a final judgment for the plaintiff in any such action against the Purchaser or any of such
parties, with or without the consent of the Purchaser, the Purchaser agrees to indemnify and hold harmless
such parties to the extent provided herein.
SECTION 11. MISCELLANEOUS
(a) This Bond Purchase Agreement shall be binding upon the Purchaser, the Issuer, and
their respective successors. This Bond Purchase Agreement and the terms and provisions hereof are for
the sole benefit of only those persons, except that the representations, warranties, indemnities and
agreements of the Issuer contained in this Bond Purchase Agreement shall also be deemed to be for the
benefit of the person or persons, if any, who control the Purchaser within the meaning of Section 15 of the
Securities Act of 1933 or Section 20 of the Securities Exchange Act of 1934. Nothing in this Bond
Purchase Agreement is intended or shall be construed to give any person, other than the persons referred
to in this Paragraph, any legal or equitable right, remedy or claim under or in respect of this Bond
Purchase Agreement or any provision contained herein. All of the representations, warranties and
agreements of the Issuer contained herein shall remain in full force and effect, regardless of (i) any
investigation made by or on behalf of the Purchaser, (ii) delivery of and payment for the Bonds of (iii)
any termination of this Bond Purchase Agreement.
(b) For purposes of this Bond Purchase Agreement, "business day" means any day on
which the New York Stock Exchange is open for trading.
(c) This Bond Purchase Agreement shall be governed by and construed in accordance with
the laws of the State of Kansas.
(d) This Bond Purchase Agreement may be executed in one or more counterparts, and if
executed in more than one counterpart, the executed counterparts shall together constitute a
single instrument.
(e) This Bond Purchase Agreement may not be assigned by either party without the express
written consent of the other party.
SECTION 12. EFFECTIVE DATE
This Bond Purchase Agreement shall become effective upon acceptance hereof by the Issuer.

Upon your acceptance of the offer, the foregoing agreement will be binding upon you and the
Purchaser. Please acknowledge your agreement with the foregoing by executing the enclosed copy of this
Bond Purchase Agreement prior to the date and time specified on page 1 hereof and returning it to
the undersigned.
GEORGE K. BAUM & COMPANY

WICHITA, KANSAS,
By:
Accepted and agreed to as of

the date first above written.
Clerk
(Signature Page to Bond Purchase Agreement)

EXHIBIT A
$5,323,000 $515,000
SERIES 2004-B
CALCULATION OF PURCHASE PRICE
-Series 2004-A - Series 2004-B

Principal Amount $5,323,000.00 $515,000.00
Less Underwriter's Discount -58,380.00 -0.00
Plus Original Issue Premium 114,436.15 0.00
Less Original Issue Discount -20,188.35 -0.00
Total Purcltase Price $5,358,867.80 $515,000.00
Less Bond Insurance -33,000.00 -0.00
Premium
Net Amount
MATURITY SCEEDULES
SERIES 2004-A (SERIAL BONDS)
Stated Annual Stated Annual

Maturity Principal Rate of Maturity Principal Rate of
September 1 Amount Interest Price September 1 Amount Interest Price
2005 $168,000 5.000% 103.410 2013 $240,000 3.650% 99.242
175,000 3.125 101.898 2014 250,000 3.750 99.176
185,000 5 .OOO 107.332 2015 260,000 3.900 99.117
195,000 5.000 108.073 2016 275,000 4.100 99.064
205,000 5.000 108.496 2017 285,000 4.200 99.012
215,000 3.250 99.729 2018 295,000 4.300 98.962
225,000 3.500 100.000 2019 3 10,000 4.400 98.917
235,000 3.500 99.3 10
SERIES 2004-A (TERM BONDS)
Stated Annual
Maturity Principal Rate of
September 1 ~mount Interest -
Price
2024 $1,805,000 5.00% 103.250
SERIES 2004-B (TERM. BONDS)
Stated Annual
September 1 Amount Interest -
Price
2014 $ 180,000 5.25% 100.00
2024 335,000 6.00 100.00
REDEMPTION OF BONDS
Optional Redenlption - Series 2004-A Bonds. At the option of the Issuer, Series 2004-A Bonds
or portions thereof maturing in the years 2015 and thereafter may be called for redemption and payment
prior to their Stated Maturity on September 1, 2014, and thereafter as a whole or in part (selection of
maturities and the amount of Bonds of each maturity to be redeemed to be determined by the Issuer in
such equitable manner as it may determine) at any time, at the Redemption Price of 100% (expressed as a
percentage of the principal amount), plus accrued interest thereon to the Redemption Date.
Mandatory Redemption - Series 2004-A Bonds. The Series 2004-A Term Bonds shall be
subject to mandatory redemption and payment prior to Stated Maturity pursuant to the mandatory
redemption requirements hereinafter set forth a Redemption Price equal to 100% of the principal amount
thereof plus accrued interest to the Redemption Date. The Issuer shall redeem on September 1 in each
year, the following principal amounts of such Series 2004-A Term Bonds:
Principal
Amount
$325,000
345,000
360,000
380,000
395,000
"Final Maturity.
Optional Redenlption - Series 2004-B Bonds. At the option of the Issuer, Series 2004-B Bonds
or portions thereof maturing in the years 2015 and thereafter may be called for redemption and payment
prior to their Stated Maturity on September 1, 2014, and thereafter as a whole or in part (selection of
maturities and the amount of Bonds of each 'maturity to be redeemed to be determined by the Issuer in
such equitable manner as it may determine) at any time, at the Redemption Price of 100% (expressed as a
percentage of the principal amount), plus accrued interest thereon to the Redemption Date.
Mandatory Redemption - Series 2004-B Bonds. (a) The Series 2004-B 2014 Term Bonds
shall be subject to mandatory redemption and payment prior to Stated Maturity pursuant to the mandatory
redemption requirements hereinafter set forth a Redemption Price equal to 100% of the principal amount
thereof plus accrued interest to the Redemption Date. The Issuer shall redeem on September 1 in each
year, the following principal amounts of such Series 2004-B 2014 Term Bonds:
Principal
Amount -
Year
$15,000 2005
15,000 2006
"Final Maturity.
(b) The Series 2004-B 2024 Term Bonds shall be subject to mandatory redemption and
payment prior to Stated Maturity pursuant to the mandatory redemption requirements hereinafter set forth
a Redemption Price equal to 100% of the principal amount thereof plus accrued interest to the
Redemption Date. The Issuer shall redeem on September 1 in each year, the following principal amounts
of such Series 2004-B 2024 Term Bonds:
Principal
Amount
$25,000
25,000
30,000
30,000
30,000
35,000
35,000
40,000
40,000
45,000
"Final Maturity.
EXHIBIT B-1
FORM OF BOND COUNSEL OPINION - SERIES 2004-A
GILMORE & BELL, P.C.

Attorneys at Law
100 N. Main Suite 800
Wichita, Kansas 67202
Governing Body George K. Baum & Company

City of Newton, Kansas Wichita, Kansas

Arrnonk, New York
Re: $5,323,000 General Obligation Bonds, Series 2004-A, of the City of Newton,
Kansas, Dated September 1,2004
We have acted as Bond Counsel in connection with the issuance by the City of Newton, Kansas
(the "Issuer"), of the above-captioned bonds (the "Bonds").
We have examined the law and such certified proceedings and other documents as we deem
necessary to render this opinion. As to questions of fact material to our opinion, we have relied upon the
certified proceedings and other certifications of public officials furnished to us without undertaking to
verify the same by independent investigation.
Based upon the foregoing, we are of the opinion, under existing law, as follows:
1. The Bonds are valid and legally binding general obligations of the Issuer, payable as to
both principal and interest in part from special assessments levied upon the property benefited by the
construction of certain improvements and, if not so paid, from ad valorem taxes which may be levied
without limitation as to rate or amount upon all the taxable tangible property, real and personal, within the
territorial limits of the Issuer. The balance of the principal and interest on the Bonds is payable from ad
valorem taxes which may be levied without limitation as to rate or amount upon all the taxable tangible
property, real and personal, within the territorial limits of the Issuer.
2. The interest on the Bonds (including any original issue discount properly allocable to an
owner thereof) is excluded from gross income for federal income tax purposes and is not an item of tax
preference for purposes of the federal alternative minimum tax imposed on individuals and corporations.
It should be noted, however, that for the purpose of computing the alternative minimum tax imposed on
corporations (as defined for federal income tax purposes), such interest is taken into account in
determining adjusted current earnings. The opinions set forth in this paragraph are subject to the
condition that the Issuer comply with all requirements of the Internal Revenue Code of 1986, as amended
(the "Code"), that must be satisfied subsequent to the issuance of the Bonds in order that interest thereon
be, or continue to be, excluded from gross income for federal income tax purposes. The Issuer has
covenanted to comply with all such requirements. Failure to comply with certain of such requirements
may cause the inclusion of interest on the Bonds in gross income for federal income tax purposes
retroactive to the date of issuance of the Bonds. The Bonds are "qualified tax-exempt obligations" within
the meaning of Section 265@)(3) of the Code, and, in the case of certain financial institutions (within the
meaning of Section 265@)(5) of the Code), a deduction is allowed for 80 percent of that portion of such,
financial institution's interest expense allocable to interest on the Bonds. We express no opinion
regarding other federal tax consequences arising with respect to the Bonds.
3. The interest on the Bonds is excluded from computation of Kansas adjusted

gross income.
We have not been engaged nor have we undertaken to review the accuracy, completeness or
sufficiency of the Official Statement or other offering material relating to the Bonds (except to the extent,
if any, stated in the Official Statement) and we express no opinion relating thereto (excepting only the
matters set forth as our opinion in the Official Statement).
The rights of the owners of the Bonds and the enforceability thereof may be subject to
bankruptcy, insolvency, reorganization, moratorium and other similar laws affecting creditors' rights
heretofore or hereafter enacted to the extent applicable and their enforcement may be subject to the
exercise of judicial discretion in appropriate cases.

EXHIBIT B-2
FORM OF BOND COUNSEL OPINION - SERLES 2004-B
GlLMORE & BELL, P.C.

Attorneys at Law


Armonk, New York
Re: $515,000 Taxable General Obligation Refunding Bonds, Series 2004-By of the
City of Newton, Kansas, Dated September 1,2004
(the "Issuer"), of the above-captioned bonds (the "Bonds").
both principal and interest from ad valorem taxes which may be levied without limitation as to rate .or
amount upon all the taxable tangible property, real and personal, within the territorial limits of the Issuer.
2. The interest on the Bonds is not excluded from gross income for federal income tax
purposes. We express no opinion regarding other federal tax consequences arising with respect to the
Bonds.

gross income.
JLNrrb :ksb
08/02/2004
EXCERPT O F MINUTES O F A MEETING

O F THE GOVERNING BODY O F
THE CITY O F NEWTON, KANSAS
The governing body met in regular session at the usual meeting place in the City, at 7:00 P.M., the
HECK, TREASTER, JONES, LOESCHER & SCOTT
Absent: NONE
(Other Proceedings)
AN ORDINANCE AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF

$5,323,000 PRINCIPAL AMOUNT OF GENERAL OBLIGATION BONDS,
SERIES 2004-A, AND $515,000 TAXABLE GENERAL OBLIGATION
REFUNDING BONDS OF THE CITY OF NEWTON, KANSAS; PROVIDING
FOR THE LEVY AND COLLECTION OF AN ANNUAL TAX FOR THE
PURPOSE OF PAYING THE PRINCIPAL OF AND INTEREST ON SAID BONDS
AS THEY BECOME DUE; AUTHORIZING CERTAIN OTHER DOCUMENTS
AND ACTIONS IN CONNECTION THEREWITH; AND MAKING CERTAIN
COVENANTS WITH RESPECT THERETO.
Thereupon, Commissioner SCOTT moved that said Ordinance be passed. The motion was
seconded by Commissioner TREASTER. Said Ordinance was duly read and considered, and upon being
put, the motion for the passage of said Ordinance was carried by the vote of the governing body, the vote
being as follows:
Nay: NONE.
Thereupon, the Mayor declared said Ordinance duly passed and the Ordinance was then duly
numbered Ordinance No. 4500-04, was signed by the Mayor and attested by the Clerk and was directed to
be published one time in the official newspaper of the City.
JLM403552\MIN & BOND ORDINANCE A&B (08-02-04)

A RESOLUTION PRESCRIBING THE FORM AND DETATLS OF AND
AUTHORIZING AND DIRECTING THE SALE AND DELIVERY OF $5,323,000
PRINCIPAL AMOUNT OF GENERAL OBLIGATION BONDS, SERIES 2004-A,
OF THE CITY OF NEWTON, KANSAS, PREVIOUSLY AUTHORIZED BY
ORDINANCE NO. 4500-04 OF THE ISSUER, MAKING CERTAIN COVENANTS
AND AGREEMENTS TO PROVIDE FOR THE PAYMENT AND SECURITY
THEREOF; AND .AUTHORIZING CERTAIN OTHER DOCUMENTS AND
ACTIONS CONNECTED THEREWITH.
Thereupon, Commissioner JONES moved that said Resolution be adopted. The motion was
seconded by Commissioner LOESCHER. Said Resolution was duly read and considered, and upon being
put, the motion for the adoption of said Resolution was carried by the vote of the governing body, the vote
being as follows:
Nay: NONE.
Thereupon, the Mayor declared said Resolution duly adopted and the Resolution was then duly
A RESOLUTION AUTHORIZING AND PROVIDING FOR THE SALE,

ISSUANCE AND DELIVERY OF $515,000 PRINCIPAL AMOUNT OF TAXABLE
GENERAL OBLIGATION REFUNDING BONDS, SERIES 2004-B, OF THE CITY
OF NEWTON, KANSAS, FOR THE PURPOSE OF PROVIDING FUNDS TO
REFUND A PORTION OF THE ISSUER'S OUTSTANDING GENERAL
OBLIGATION BONDS; PROVIDING FOR THE LEVY AND COLLECTION OF
AN ANNUAL TAX FOR THE PURPOSE OF PAYING TEE PRINCIPAL OF AND
INTEREST ON SAID BONDS AS THEY BECOME DUE; MAKING CERTAIN
COVENANTS AND AGREEMENTS TO PROVIDE FOR THE PAYMENT AND
SECURITY THEREOF AND AUTHORIZING CERTAIN OTHER DOCUMENTS
AND ACTIONS CONNECTED THEREWITH.
Thereupon, Commissioner TREASTER moved that said Resolution be adopted. The motion was
seconded by Commissioner SCOTT. Said Resolution was duly read and considered, and upon being put,
the motion for the adoption of said Resolution was carried by the vote of the governing body, the vote
being as follows:
Nay: NONE.
Thereupon, the Mayor declared said Resolution duly adopted and the Resolution was then duly
(Other Proceedings)
JLN\403552\MIN & BOND ORDINANCE A&B (08-02-04)

2
On motion duly made, seconded and carried, the meeting thereupon adjourned.
CERTIFICATE
Clerk

08/02/2004
OF
PASSED
AUGUST 10,2004
$5,323,000 $515,000
SERJES 2004-A REFUNDING BONDS
SERIES 2004-B
JLN\403552WIN & BOND ORDINANCE A&B (08-02-04)

(PUBLISHED IN THE NE WTON XANSAN ON AUGUST 13,2004

$5,323,000 PRINCIPAL AM.OUNT OF GENERAL OBLIGATION BONDS,
SERIES 2004-A, AND $515,000 TAXABLE GENERAL OBLIGATION
REFUNDING BONDS OF THE CITY OF NEWTON, KANSAS; PROVIDING
FOR THE LEVY AND COLLECTION OF AN ANNUAL TAX FOR THE
PURPOSE OF PAUING THE PRINCIPAL OF AND INTEREST ON SAID BONDS
AS TaEY BECOME DUE; AUTHONZING CERTAIN OTHER DOCUMENTS
AND ACTIONS IN CONNECTION THEREWITH; A N D MAKTNG CERTAIN
WHEREAS, the City of Newton Kansas (the "City"), is a city of the first class, duly created,
organized and existing under the Constitution and laws of the State; and
WHEREAS, the City has heretofore authorized certain internal improvements which are payable
in whole or in part from special assessments levied against benefited property, described as follows (the
"Special Assessment Improvements"):
Project Description OrdLRes No. Authority Amount

Stratford Place Addition - Sanitary Sewer 1-969 12-6a01 et seq. $ 54,843.74
Line Extension Improvements (Sewer I I I
District No. 3 1-E)
Stratford Place Addition - Water Line 1-968 12-6a01 et seq. 37,373.08
NO. 19-E)
Autumn Glen Addition - Water Line 1-963 and 12-6a01 et seq. 77,076.03
NO.23-A)
Autumn Glen Addition - Sanitary Sewer 1 1-962 1 12-6a01 etseq. 1 147,167.54
Line Extension Improvements - (Sewer 1 I - I
District No. 34-A)
Autumn Glen Addition - Street 1-964 12-6a01 et seq. 323,553.64
Improvements
Improvements
Extension Improvements (Sewer District 1 1 - 1
NO.33-B)
Westhaven Third Addition - Water Line 1-972 , 12-6a01 et seq. 25,459.24
NO. 11-D)
JLN\403552\MIN& BOND ORDINANCE A&B (08-02-04)

District No. 10-R)
NO. 1-A)
Improvements
Water Line Extension Improvements
(Water District No. 23-B)
Sanitary Sewer Line Extension 1 1 I I
Impro~ements(Sewer District No. 34-B)
Improvements
(Phase III)
NO. 35-A)
TFDM Addition - Street Improvements 1-981 12-6a01 et seq. 3 10,256.31
Extension Improvements (Sewer District 1 I I I
NO.29-H)
Stratford Place Addition - Sanitary Sewer 1-987 12-6a01 et seq. 54,023.00
District No. 3 1-F)
Stratford Place Addition - Water Line 1-986 12-6a01 et seq. 58,834.30
NO. 19-F)
Improvements
NO.30-A4)
Turkey Red Village Addition and 1-994 12-6a01 et seq.
-
71,358.49
Wheatridge Addition- Street Improvements
Total Special Assessment Inzproverttents $3,402,968.18
WHEREAS, all legal requirements pertaining to the Special Assessment Improvements have
been complied with, and the governing body of the City now finds and determines that the total cost of
the Improvements and related expenses are at least $3,402,968.18, with $3,106,787.03 of said cost to be
paid by the owners of the property within the City benefited by the Special Assessment Improvements
and with $296,181.15 of said cost to be paid by the City at large, and that the owners of the property
benefited by the Improvements have paid $103,167.49 in cash into the City Treasury on account of the
Improvements, leaving $3,299,800.69 to be paid for by the issuance of general obligation bonds; and

WHEREAS, the City has heretofore authorized certain capital improvements which are payable
by the City-at-large, described as follows (the "Capital Improvements"):
Project Description
Hangar E Improvements 1-1024a, as amended 1 18,862
I by Charter Ordinance I
No. 35 of the City
Waterline Relocation - Broadway and G-797 65-163d through 65- 43,465.82
Interstate 135 163u
Airport Building Improvements G-79 1 13- 1024a, as amended 27,049.00
Airport Improvements FAA '14" G-8 18 13-1024a, as amended 94,044.05

No. 35 of the City
West T Hangar Extension G-833 13-1024a, as amended 350,941.02
No. 35 of the City
Skytile (Park Improvements) 1-976 13-1024a, as amended 197,370.04
I by chart& Ordinance I
No. 35 of the City
Library Public Building Improvements 1-975 12-1736 et seq. 11,767.00
Recreation Center Public Building I 12-1736 etseq.- I
Service Center Public Building 12-1736 et seq.
Main Trafficway Improvements - West 1st Ord. Nos. 12-685 et seq. 256,277.05
Street from Meridian Road to Elm Street; 3953 and
and West Broadway from Meridian Road to 4289-99;
Elm Street Res. Nos. I-
996 and 997
Total Capital Iiizprovenzeizts
WHEREAS, all legal requirements pertaining to the Capital Improvements have been complied
with, and the governing body of the City now finds and determines that the total cost of the Capital
Improvements and related expenses are at least $2,023,199.31 to be paid for by the issuance of general
obligation bonds; and
WHEREAS, due to the current interest rate environment, the City has the opportunity to issue its
general obligation refunding bonds in order to achieve an interest cost savings on the debt represented by
certain of its general obligation bonds described as follows (the "Refunded Bonds"):
Series Dated Date Years Amount Redemption Date

200 1-B (Taxable) 08-15-01 2005 to 2011 $515,000 09-0 1-04
WHEREAS, the City is authorized by K.S.A. 10-427 et seq. to issue general obligation refunding
bonds of the City for the purpose of refimding the Refunded Bonds.

NOW, THEREFORE, BE IT ORDATNED BY THE GOVERNING BODY OF THE CITY
OF MEWTON, KANSAS, AS FOLLOWS:
Section 1. Definitions of Words and Terms. In addition to words and terms defined elsewhere
herein, the following words and terms in this Ordinance shall have the meanings hereinafter set forth.
Unless the context shall otherwise indicate, words importing the singular number shall include the plural
and vice versa, and words importing persons shall include f m , associations and corporations, including
public bodies, as well as natural persons.
"Act" means the Constitution and statutes of the State including K.S.A. 10-101 to 10-125,
inclusive, and K.S.A. 10-620 et seq.; with respect to the Series 2004-A Bonds, K.S.A. 12-6a01 et seq.,
K.S.A. 12-685 et seq., K.S.A. 12-1736 et seq., K.S.A. 13-1024a, as amended by Charter Ordinance
No. 35 of the City and K.S.A. 65-163d through 65-163u, all as amended and supplemented from time to
time; and with respect to the Series 2004-B Bonds, K.S.A. 10-427 et seq..
"Bond and Interest Fund" means the Bond and Interest Fund of the City for its general
obligation bonds.
"Bond Resolution" means the resolutions to be adopted by the governing body of the City
prescribing the terms and details of the Bonds and making covenants with respect thereto.
"Bonds" means, collectively, the Series 2004-ABonds and the Series 2004-B Bonds.
"Clerk" means the duly appointed and acting Clerk of the Issuer or, in the Clerk's absence, the
duly appointed Deputy Clerk or Acting Clerk.
"Code" means the Internal Revenue Code of 1986, as amended, and the applicable regulations
proposed or promulgated thereunder of the United States Department of the Treasury.
"Improvements" means, collectively, the Special Assessment Improvements and the Capital
Improvements referred to in the preamble to this Ordinance.
"Mayor" means the duly elected and acting Mayor or, in the Mayor's absence, the duly
appointed andlor elected Vice Mayor or Acting Mayor of the City.
"Ordinance" means this Ordinance authorizing the issuance of the Bonds.
"Refunded Bonds" means Series 2001-B Bonds maturing in the years 2005 to 2011, inclusive,
in the aggregate principal amount of $5 15,000.
I1Series2001-B Bonds" means the City's Taxable General Obligation Bonds, Series 2001-B,
dated August 15,2001.
"Series 2004-A Bonds" means the City's General Obligation Bonds, Series 2004-A, in the
aggregate principal amount of $5,323,OOO, dated September 1,2004, authorized by this Ordinance.
JLW03552WIN &BOND ORDINANCE A&B (08-02-04)

4
l1Series200443 Bonds1'means the City's Taxable General Obligation Bonds, Series 2004-Byin
the aggregate principal amount of $515,000, dated September 1,2004, authorized by this Ordinance.
"Statelfmeans the State of Kansas.
Section 2. Authorization of the Bonds. There shall be issued and hereby are authorized and
directed to be issued the General Obligation Bonds, Series 2004-A, of the City in the principal amount of
$5,323,000, for the purpose of providing funds to: (a) pay a portion of the costs of the Improvements;
and (b) pay costs of issuance of the Series 2004-A Bonds. There shall also be issued and hereby are
authorized and directed to be issued the Taxable General Obligation Refunding Bonds, Series 2004-B, of
the City in the principal amount of $515,000, for the purpose of providing funds to: (a) refund the
Refunded Bonds; and (b) pay costs of issuance of the Series 2004-B Bonds.
Section 3. Security for the Bonds. The Series 2004-A Bonds shall be general obligations of the
City payable as to both principal and interest in part from special assessments levied upon the property
benefited by the construction of the Improvements and, if not so paid, from ad valorem taxes which may
be levied without limitation as to rate or amount upon all the taxable tangible property, real and personal,
within the territorial limits of the City. The balance of the principal and interest on the Series 2004-A
Bonds is payable from ad valorem taxes which may be levied without limitation as to rate or amount upon
all the taxable tangible property, real and personal, within the territorial limits of the City. The Series
2004-B Bonds shall be general obligations of the City payable as to both principal and interest &om ad
property, real and personal, within the territorial limits of the City. The full faith, credit and resources of
the City are hereby irrevocably pledged for the prompt payment of the principal of and interest on the
Bonds as the same become due.
Section 4. Terms, Details and Conditions of the Bonds. The Bonds shall be dated and bear
interest, shall mature and be payable at such times, shall be in such forms, shall be subject to redemption
and payment prior to the maturity thereof, and shall be issued and delivered in the manner prescribed and
subject to the provisions, covenants and agreements set forth in a resolution hereinafter adopted by the
governing body of the City.
Section 5. Levy and Collection of Annual Tax. The governing body of the City shall annually
make provision for the payment of principal of, premium, if any, and interest on the Bonds as the same
become due by levying and collecting the necessary taxes and/or assessments upon all of the taxable
tangible property within the City in the manner provided by law.
The taxes and/or assessments above referred to shall be extended upon the tax rolls in each of the
several years, respectively, and shall be levied and collected at the same time and in the same manner as
the general ad valorem taxes of the City are levied and collected, shall be used solely for the payment of
the principal of and interest on the Bonds as and when the same become due and the fees and expenses of
the Paying Agent. The proceeds derived from said taxes and/or assessments shall be deposited in the
Bond and Interest Fund.
If at any time said taxes and/or assessments are not collected in time to pay the principal of or
interest on the Bonds when due, the Treasurer is hereby authorized and directed to pay said principal or
interest out of the general funds of the City and to reimburse said general funds for money so expended
when said taxes and/or assessments are collected.
Section 6. Tax Covenants. The City covenants and agrees that (a) it will comply with all
applicable provisions of the Code, including Code 103 and 141 through 150, necessary to maintain the

5
exclusion from federal gross income of the interest on the Series 2004-A Bonds; and (b) it will not use or
permit the use of any proceeds of Series 2004-A Bonds or any other funds of the City, nor take or permit
any other action, or fail to take any action, which would adversely affect the exclusion fkom federal gross
income of the interest on the Series 2004-A Bonds. The City will also adopt such other ordinances or
resolutions and take such other actions as may be necessary to comply with the Code and with other
applicable future law, in order to ensure that the interest on the Series 2004-A Bonds will remain excluded
from federal gross income, to the extent any such actions can be taken by the City.
Section 7. Further Authority. The Mayor, Clerk and other City officials are hereby further
authorized and directed to execute any and all documents and take such actions as they may deem
necessary or advisable in order to cany out and perform the purposes of the Ordinance, and to make
alterations, changes or additions in the foregoing agreements, statements, instruments and other
documents herein approved, authorized and confirmed which they may approve, and the execution or
taking of such action shall be conclusive evidence of such necessity or advisability.
Section 8. Governing Law. This Ordinance and the Bonds shall be governed exclusively by
and construed in accordance with the applicable laws of the State.
Section 9. Effective Date. This Ordinance shall take effect and be in full force from and after
its passage by the governing body of the City and publication in the official City newspaper.

6
PASSED by the governing body of the City on August 10,2004 and signed by the Mayor.
Mayor
Clerk
JLN\403552\MIN& BOND ORDINANCE A&B (08-02-04)

CERTIFICATE
I hereby certify that the foregoing is a true and correct copy of the original ordinance; that said
Ordinance was passed on August 10, 2004; that the record of the final vote on its passage is found on
page -ofjournal ; and that it was published in The Newton Kansan on August 13,2004.
DATED: August 13,2004.
Clerk
JLN\403552\MlN & BOND ORDINANCE A&B (08-02-04)

Janice Nesser
Being first duly sworn, deposes and says: That she is

The Newton Kansan

newspaper is not a trade, religious or fraternal publication.


day of
August 2004 with

Subscribed and sworn to before me this m d a y of
August 2004.
Notary Public
e
Printer's Fees $781.05

Ord no 4500-04 citv Newton bonds -,- '.
,~ 1 I
-'
AN ORDINANCE AUTHORIZING AND PROVIDING FOR THIS ISSUANCB O F
$5,323,000 PRINCIPAL AMOUNT O F GENERAL OBLIGAT1ON WINDS
SERIES 2004-A, AND $515,000 TAXABLE G E W W OBLIGATION
REFUNDING B O W S O F THE CITY O F NEWTON, KANSAS; P R O W I N G
FOR THE LEVY AND COLLECTION O F AN ANNUAL TAX M)B THE
PURPOSE O F PAYING THE pRINCIPAL OF AND INTEREST O N SAID BONDS
AS TIIEY BECOME DUE; A U T H O ~ G CERTAIN o m IKKWWNW
AND ACTIONS IN CONNECTION THEREWITB; AND W m G CERTAIN
WHEREAS, the City of Newton Kansas' (the "City"), is s c& of Ihe f i c b . duly c ~ t 4
organized and existing under the Constitutiw and laws ofthe State; and
WHEREAS. the City has'herelofon authozip3'eer;ain i d d i m p r o k m l a which ate paiable

, . . proputy, described as fo1lows.dhc
in whole or in part from spkcial assessmnt levied fgahst benefited
"Special Assessment Improyements"): '
Project Description ( OrdlResNo. I A~lhoritY 1. Amount.
Stratford Place Addition - Sanitary Sewer 1 1-969 1
. 12-6a0l etrcg. 1' $ 54,843.74
1 Line Extension Improvements (Sewer ( 1. I I
District No. 31-E) I I I
Stratford Place Addition Water Line 1-968 . 12-6101et seq. 37373.08
No. 19-E) I I I
Stratford Place Addition - Street ( 1-970 I
12-6~01etseq. 1 165.410.88
Improvements I I I
Autumn Glen Addition - Water Line 1-963 and 12@1 n Sep. 77,076.03
No. 23-A)
Autumn Glen Addition - Sanitary Sewer 1-962 12-6aDletseq. .: 147.167.54
. District No. 34-A)
Autumn Glen Addition - Street,' 1-964 . 124a01 etseq. ' 323;553.64
Improvements
Autumn Glen Addition - w a g e 1-966 12-6.01 et seg. 360,129.09
Improvements
Weber Addition - Sanitary Sewer Line 1-967 l2daOl et seq. . 13.015.17
No. 33-B) 1 I I
Westhaven Third Addition - Water Line 1-972 126a01 et seq. 25,459.24
Extension Iqprovements (Water District
No. 11-D) I I I
Westhaven Thud Addition - S a n i t y Sewer I 1-971 1
12&01 ef seq. I 24,286.78
1 Line Extension Improvements (Sewer I
..
I
DistrictNo. 10-R) i
Raesdale's Kddition - Sanitary Sewer Line 1-974 . 126aOl er scq. ( 258,046.78
No. 35-A) I
TFDM Addition - Street Improvements 1-981 12-6aO1 etseq. 1 310,256.31 .
Stone CreekEstates - Street Improvements 1-988 12-6a01 et seq. 1 84.458.70
Stone Creek Estates - Sanitary Sewer Line 1-983 12daOl etseq. . 1 27.516.18
Extension Improvements (Sewer District. ,
No. 29-H)
-Stone Creek Estates -Water Link Extension 1-984 , I 12-6a01 el seq. 14,719.08
.Im rovements (Water District No. 5-0
Str:tford Place Addition - Sanitary Sewer 17987 . 126a0l etseq. ' 54,023.00 .
Line Extension. Improvements (Sewer
District No. 31-F)
'
Stratford Place Addition Water Line ' 1-986 , 126a012tW: 58,834.30 ,
Extension Improvements (Water bisvict
No. 19-F)
Stratford Place Addition - Street, 1-991 12da01 et seq. 322,013.82
Improvements
No.30-A4) . ' I . 1 I
Turkey Red Viage M W o n acd ( I-!j94 1 . 12&01 etsq. 1 I 71,358.49
Wheatridge Addition; Street Improvements I 1 1
Total SpeciatolAurssmel Jmprov8mnh I . . 1 $3.402.968.18
1:i
!
'w&REAS; all kgal r q u k m n t s pc#n& tp.the Special h m e n i I m p r k ~ ~ r +have
% Improvements and related wpensu are ail& $3,9968.18, with $3,106.787.03 o{ said cost to be
s
a n $omplied with, and the governing body of thc City now finds and delirmihes that tbc total cost of.
paid by the owners of the property within tbc City benefited by Ihc Special Assessment Improvements
and wilb .$296,181.15 of said cost to bc paid by thi City at large. and that ,$hk.owners of the propaty .
benefited by 4he Impmvements have paid $103,167.49 in cash into the City Treasury on account of the
Improvcmnts, leaving $3,299,800.69 to bc p$d for,by the issuance of general obligation bonds; and
,. . .
WHEREAS,&city has heretofore authorized certain capitnl improvements which are payable
by Ihc City-at-large, described as fpllows (thy "Capital Improyements"):
(1 ~njeci~~~ription.
Hannar E Im~rovbments
I OMS NO. 1 Aulliority I
. G-791 , 1'13-102Aa. as'amended 1
Amount,
18,862.00
11 -
' '
' I ' ( by Chaser Ordinance (

11
I
I
No. 35 of the Cit
I Waterline. RDlwtion, - Broadway and 0-797 - 3 d u 65- h3.465.82
Interstate 135 .. 1 163u I
Airport Building Improvements G?91 13-1024a. as amended 27,049.00
. . by Charter Ordinance
1 No.35 of the City 1
. - I G-818 . 1 13-l024a. as amended I 94,044.05
No. 35 of the City
West T Han~arExtension 1 G-833 1 134024%as amended / 350,941.02
I . I ' Iby charter ~ r d i a n c e1 1
I I NO. 35 of the City . I.

Skycile (Park Improvemeqts)' 1-976 13-102rla.. as'amended ., 197370.04
bv Chrter Ordinance
&.35 of& city
Library Public Btiilding Improvements 1-975 ' 12-1736etseq. . 11,767 00
Recreation Uentcr Public Building , 13-1736 etseq.
Improvements ' 1-975 107,499.00
Service Center I Public Building 12-1736 er seq.
Improvements 1-992 915.775.00
Main Trafficway Improvements West 1st - Ord Nos. 32-685 et seq. 256.277 05
II
I
Slreet from ~ e r i d i Road
Elm Street
i to Elm Suees.
and West Broadway from Meridian Road to
Mixellaneous Administrative Expenses

I
1 ,
I
1 149.33
I I I
Total Capildimprovements 1 $2023:199.31
:
/ I
WHEREAS, all legat.requiremenu peaaining to,the Caljital ~~r&ovements bave'been ~o&lied
with, and the goveming'body of the City now finds and d e d n e s that the tobl cost of the Capital
Im~rovementsand related expenses are at ldst $2,023,199.31 to b4 paid for by the issuance of general
WHEREAS,due to the currept interest rate environment, the City has the opportunity to issue its
general obligation refundingbonds in order to achieve an interest cost saving^ on the debt represented by
celtain of its general obligation bonds described as follows (the "Refunded Bonds"):
' Series Dated Dafe Years ' Amqunt ' Redemption Date
2001-B.(Taxabl~)' 08-15-01 090104
. .2005. 102011 , ,$515,000.
- .
W ' l b E . 4 ~ . the City i; authorized by K,S.A. 10427 el seq. to issue g e n d obligation refunding
bonds of the City for the purpose of refunding the RefunddBonds.
NOW, THEREFORE, BE IT O R D A I N ~ DBY THE GOVERNING BODY O F THE CITY

Section 1. Definitions of Words aria Terms. In addition to words and terms defined elsewhere
herein, the following words and t e r n in this Ordinance shall have the meanings hereinafter set forth.
and vice versa. 'and wards importing persons shall include f m ,associations and corporations, including
public bodies. as well as natural persons. ,
, .
"Act" beans the Constitution and statutes of the State including K.S.A. 10-101 to 10-125. '
incl'iive. and K.S.A. 10-620 et seq.; with respect to the Series 2004-A Bonds, K.S.A. 12-6a01 at seq..
K.S.A. 12-685 et seq., K.S.A. 12-1736 et seq.; K.S.A. 13-1024a,'as amended by Charter Ordinance
No. 35 of the City and K.S.A. 65-163d through 65-163u, all as amended and supplemented from time t o
time: and with respect to the Series 2004-B Bonds, K.S.A. 10-427 et seq.., . .
" ~ b n dand Interest Fund", means the Bond and Interest Fund of the City for its general
obligation bonds. ,
. I
, .
"Bond Resglution" means the resolutions to be adopted by the governing body of the City
prescribing the terms and details ofthe Ban+ and making covenants with respect thereib.
"Bonds" mearis,.coll&ively, the Series 2004-ABonds and the Series 2004-B Bonds.
C .-
"City" means the C ~ t yof Ncwtgn, Kansas
u
"Clerk" ' d d t the duly appointed and achng Clerk of the Issuer or, in the Clerk's absence, the
>
duly appo~ntedDeputy Clerk or Achng Clerk.

"Series 2004-B Bonds" means the City's Taxable Oeneral0bligatip.nBonds, Series 200443, In
the aggregate principal amount of S515,WO,,&ted September 1,2004, authorized bx this Ordinance.
1 ! I
"State" means the State of Kansas.
+
&ti09 security foilbe ~ o y l The s ' ~ u i e2W-A
s Bonds shall be general obligations of the
City &,able as to bo& priacipd and interest in pat from sptcial assessments levied upon the property
benefited by t h e ' f of~the~Impmvc&ts and, if not so paid. from ad valorem taxes wwch may
be levi~,without1j;1;;'tati~as to rate or amount upon all the taxable tangible pfoperty, ~ a andpersonal,
l
within ll&&to$r;I'~imit$ of the City. The balance of the principal and ink* on the &fits 20Q4-A
B& i ' & b ~ e ' h m ad valorem taxes which may 6e levifl without l i t a t i o n as to rate or amount upon
all the taxable tangible property, real andspersod, within the tetxi&al l i t s %f,$eCity. Tbp Scnes
2004-B Bonds shall be general obligatiops of the City payable as to both principal and iptenst from ad
valorem taxes which may be levid without limitation as to rate gr amount upon all the %ble tangitne
property, real and personal, within the territorial 11mitsof the City. The full faith, cr;eLt and resources of
the C~tyare hereby irrevocably pledged for the prompt payment of the principal of and interest,on ,the
Bonds as the same become due.
&tion 4. lkrms, Details and Conditions of the Bonds The Bonds shdl k dated and bear
interest. shall mature and be payable at such times, shall be in such forms, shall be subject to redemption
and payment prior to the maturity &reof, and shall be issued and delivertd in the manner preskribed and
subject to the provisions, covenants and agreements set forth in a resolution hereinafter adopted by the
goveming,body-of the City.
Scetion 5. Levy and duectioq dAnnuPI ax. The governing body of the City shall annu;?ly
make provision for the p'pyiintof principal of, premium, if any, and interest on the Bonds as the same
befome due by levying andpofl&ti& the necessary taxes andlor assessments upon all of the taxable
tangible property with$ the City in ihe manoy~ro!!i$ed by law.
The taxp andlor assessmnur'aboverefemd to shall be eitended upon the ta&lls in each ofthe
sevenl $as, hspectively, and shsU b;.levied and couectcd at the sam time and in the same m a ~ e r k
the generarrd yQlonmtax- of he~i&'~tan levhd and couccted, shall &used-solely for the pp~ymcntof
the pdnciph of and in&t on the Bonds as and when the sank become due and the fd and expe&s of
the Pa@g Agent. "l%
pmcads derived froob said tax= d o r hsessments ';bfi be deposi$ in the
Bonk "@nl
htaest Fwd., I
1 7i
I 'If at my time &id taxes andlor assessments are not c?Ucctcd in cimc to pay the principal of or
iaterrpr oh thc Bonds when doe, the Tpsurer is hereby authoriqd and d h t q to pay said principal or
intenst out of &e general funds of th'c City &d to reimbu& saih general funds fa? mondyo ; bxpended
whensaid taxes andlor assessments a& collected.
8 -
Section 6. 'hx Covenants. The City covenants and agrees that (a) it will comply with all
applicab!e piovisiok of thecode, jhcludjng Cod! 9 103 and 141 through 150, necepary to maintain the
exclusion from federal gross income of @einterest or? the Series 20042A Bonds, and (b) itwill not h e or
permit the use of any proceeds of Series2004-ABonds or any other funds of the City. nor take or permit
any othkr action, or fail to ta'ke any action, whifh would adversely affect the exclusion fmm federal gross
income of the interest on the Series 2004-A Bonds. Thp City will piso*adopt such other ordinances or
resolutions and take such other actions as may be necessary 'to comply with the Code and with other
appltcable future lay, in order to ensure that ththe'interqston thi Senes 2 0 0 4 - ~Bonds will remain excluded
from federal gross income, to the extent any such actions can be taken by the City.
Section7. ~ u r t h &Alithority. Mayor, Clefk and othet City offisials are hereby further
authorizeh 'and directed to execute any and d l d c h m n t s and take such actions as they way deed
' necesiary or advisabie in order to carry out and perform the purposes of the Ofdiiance. and to make
alterations, changes or a d d i t i d in the foregoing agreements, statements, insbuments and other
documents herein approved, authomed and c o n f i d which they may approve, and the execution or
taking of such action sb!l be conclusiveevidence of such necessity or advisability. ,
w o n 8. ~ ~ v e mLaw. i n ~This Ordinance and the Bonds shalt be gov~mulexclusively by

and construed in accordance with the applicable'laws of h e State. I ,
,, I I
W o n 9. Effective Datc This Ordinance shall tqkeeffect and bc in full force from and after
its passage by the goyeming body of the City and publication ip theofficial City newspaper. ,
08/02/2004
ADOPTED
AUGUST 10,2004
$5,323,000
GENERAL OBLIGATION BONDS
SERIES 2004-A
JLN\403552\BOND RESOLUTION A (08-02-04)

TABLE OF CONTENTS
ARTICLE I
DEFINITIONS
Section 101 . Definitions of Words and Terms...................................................................................1
ARTICLE 11
AUTHORIZATION AND DETAILS OF THE BONDS
Section 201. Authorization of the Bonds...........................................................................................

9
Section 202 . Description of the Bonds...............................................................................................
9
Section 203. Designation of Paying Agent and Bond Registrar.........................................................9
Section 204 . Method and Place of Payment of the B.onds...............................................................10
Section 205 . Payments Due on Saturdays. Sundays and Holidays ..................................................11
Section 206 . Registration, Transfer and Exchange of Bonds ...........................................................11
Section 207 . Execution. Registration. Authentication and Delivery of Bonds................................12
Section 208. Mutilated. Lost. Stolen or Destroyed Bonds...............................................................12
Section 209 . Cancellation and Destruction of Bonds Upon Payment..............................................13
Section 210 . Book-Entry Bonds; Securities Depository.................................................................. 13
Section 211. Nonpresentment of Bonds...........................................................................................14
Section 212 . Preliminary and Final Official Statement....................................................................14
Section 213 . Sale of the Bonds - Bond Purchase Agreement.........................................................14
ARTICLE III
REDEMPTION OF BONDS
Section 301. Redemption by Issuer.................................................................................................15

Section 302 . Selection of Bonds to be Redeemed............................................................................16
Section 303 . Notice and Effect of Call for Redemption...................................................................16
ARTICLE IV
SECURITY FOR BONDS
Section 401 . Security for the Bonds..............................................................................................

1 8
Section 402. Levy and Collection of Annual Tax............................................................................18
ARTICLE V
ESTABLISHMENT OF FUNDS AND ACCOUNTS DEPOSIT AND APPLICATION OF BOND

PROCEEDS AND OTHER MONEYS
Section 501 . Creation of Funds and Accounts.................................................................................

19
Section 502 . Deposit of Bond Proceeds and Other Moneys............................................................. 19
Section 503. Application of Moneys in the Improvement Fund...................................................... 19
JLM403552\BOND RESOLUTION A (08-02-04)

i
Section 504 . Application of Moneys in Debt Service Account........................................................20
Section 505 . Application of Moneys in the Rebate Fund................................................................. 20
Section 506 . Deposits and Investment of Moneys..........................................................................-21
Section 507 . Application of Moneys in the Costs of Issuance Account...........................................21
ARTICLE VI
DEFAULT AND REMEDIES
Section 601 . Remedies.....................................................................................................................

21
Section 602. Limitation on Rights of Owners ..................................................................................
21
Section 603 . Remedies Cumulative.................................................................................................. 22
Section 604 . Control of Remedies Upon an Event of Default and Event of Insolvency..................22
ARTICLE VII
DEFEASANCE
Section 701 . Defeasance..................................................................................................................-22
ARTICLE VIII
TAX COVENANTS
Section 801 . General Covenants......................................................................................................23

Section 802 . Rebate Covenants........................................................................................................
24
Section 803 . Designation of Bonds as Qualified Tax-Exempt Obligations.....................................24
Section 804 . Survival of Covenants.................................................................................................24
ARTICLE IX
PROVISIONS RELATING TO THE BOND INSURANCE POLICY
Section 901 . Payment Procedure Pursuant to Bond Insurance Policy.............................................24

Section 902 . Consent of Bond Insurer.............................................................................................. 26
Section 903 . Notices.........................................................................................................................
26
Section 904 . Indemnification........................................................................................................... 26
Section 905 . Additional Provisions................................................................................................. -27
ARTICLE X
CONTINUING DISCLOSURE REQUIREMENTS
Section 1001. Disclosure Requirements.............................................................................................

27
.
Section 1002 Failure to Comply with Continuing Disclosure Requirements...................................27
ARTICLE XI
MISCELLANEOUS PROVISIONS
Section 1101 . Annual Audit...............................................................................................................

28
Section 1102 . Amendments................................................................................................................
28

..
11
Section 1103 . Notices. Consents and Other Instruments by Owners.................................................29
Section 1104 . Notices.........................................................................................................................
29
Section 1105 . Electronic Transactions............................................................................................... 30
Section 1106 . Further Authority......................................................................................................... 30
Section 1107 . Severability..................................................................................................................
30
Section 1108 . Governing Law............................................................................................................30
Section 1109 . Effective Date..............................................................................................................30
EXHBITA -FORM OF BONDS ..............................................................................................................

A-1
JLN403552DOND RESOLUTION A (08-02-04)

...
111
RESOLUTION NO. G901
A RESOLUTION PRESCRIBING THE FORM AND DETAILS OF AND

AUTHORIZING AND DIRECTING THE SALE AND DELIVERY OF $5,323,000
PRINCIPAL AMOUNT OF GENERAL OBLIGATION BONDS, SERIES 2004-A,
OF THE CITY OF NEWTON, KANSAS, PREVIOUSLY AUTHORIZED BY
ORDINANCE NO. 4500-04 OF THE ISSUER, MAKING CERTAIN COVENANTS
AND AGREEMENTS TO PROVIDE FOR THE PAYMENT AND SECURITY
THEREOF; AND AUTHONZING CERTAIN OTHER DOCUMENTS AND
ACTIONS CONNECTED THEREWITH.
WHEREAS, the Issuer has heretofore adopted the Ordinance authorizing the issuance of the
Bonds; and
WHEREAS, the Ordinance authorized the governing body of the Issuer to adopt a resolution
prescribing certain details and conditions and to make certain covenants with respect to the issuance of
the Bonds
NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY

ARTICLE I
DEFINITIONS
Section 101. Definitions of Words and Terms. In addition to words and terms defined
elsewhere herein, the following words and terms as used in this Bond Resolution shall have the meanings
hereinafter set forth. Unless the context shall otherwise indicate, words importing the singular number
shall include the plural and vice versa, and words importing persons shall include firms, associations and
corporations, including public bodies, as well as natural persons.
"Act1' means the Constitution and statutes of the State including K.S.A. 10-101 to 10-125,
inclusive, K.S.A. 10-620 et seq. and K.S.A. 12-6a01 et seq., K.S.A. 12-685 et seq., K.S.A. 12-1736 et
seq., K.S.A. 13-1024a, as amended by Charter Ordinance No. 35 of the City and K.S.A. 65-163d through
65-163~1,as amended and supplemented from time to time.
"Arbitrage Instructions" means the Arbitrage Instructions attached to the Issuer's Federal Tax
Certificate dated as of the Issue Date, as the same may be amended or supplemented in accordance with
the provisions thereof.
"Authorized Denomination" means $5,000 or any integral multiples thereof, except one Bond
in denomination of $8,000 (or such amount added to $5,000 or an integral multiple thereof).
'!Beneficial Owner" of the Bonds includes any Owner of the Bonds and any other Person who,
directly or indirectly has the investment power with respect to such Bonds.
"Bond and Interest Fund1' means the Bond and Interest Fund of the Issuer for its general
obligation bonds.

1
"Bond Counsel" means the fm of Gilmore & Bell, P.C., or any other attorney or firm of
attorneys whose expertise in matters relating to the issuance of obligations by states and their political
subdivisions is nationally recognized and acceptable to the Issuer.
"Bond Insurance Policy" means the financial guaranty insurance policy issued by the Bond
Insurer on the date of delivery of and payment for the Bonds guaranteeing the scheduled payment when
due of the principal of and interest on the Bonds as provided therein.
"BondInsurer" means MBIA with respect to the Bonds.
"Bond Purchase Agreement" means the Bond Purchase Agreement between the Issuer and the
Purchaser relating to the Bonds.
"Bond Register" means the books for the registration, transfer and exchange of Bonds kept at
the office of the Bond Registrar.
?'BondRegistrar" means the State Treasurer, and any successors and assigns.
"Bond Resolution" means this resolution relating to the Bonds.
?'Bonds1lmeans the General Obligation Bonds, Series 2004-A, authorized and issued by the
Issuer pursuant to the Ordinance and this Bond Resolution.
"Business Day" means a day other than a Saturday, Sunday or any day designated as a holiday
by the Congress of the United States or by the Legislature of the State and on which the Paying Agent is
scheduled in the normal course of its operations to be open to the public for conduct of its operations.
"Cede & Co." means Cede & Co., as nominee of DTC and any successor nominee of DTC.
"City"means the City of Newton, Kansas.
"Clerk" means the duly appointed andlor elected Clerk or, in the Clerk's absence, the duly
appointed Deputy Clerk or Acting Clerk of the Issuer.
!'Code" means the Internal Revenue Code of 1986, as amended, and the applicable regulations
promulgated thereunder by the United States Department of the Treasury.
"Consulting Engineer" means an independent engineer or engineering fm, or architect or

architectural firm, having a favorable reputation for skill and experience in the construction, financing and
operation of public facilities, at the time employed by the Issuer for the purpose of carrying out the duties
imposed on the Consulting Engineer by this Bond Resolution.
"Costs of Issuance" means all costs of issuing the Bonds, including but not limited to all
publication, printing, signing and mailing expenses in connection therewith, registration fees, financial
advisory fees, all legal fees and expenses of Bond Counsel and other legal counsel, expenses incurred in
connection with compliance with the Code, all expenses incurred in connection with receiving ratings on
the Bonds, and any premiums or expenses incurred in obtaining municipal bond insurance on the Bonds.
JLM403552DOND RESOLUTION A (08-02-04)

"Costs of Issuance Account11means the Costs of Issuance Account for General Obligation
Bonds, Series 2004-A created pursuant to Section 501 hereof.
"DatedDate1'means September 1,2004.
"Debt Service Account'! means the Debt Service Account for General Obligation Bonds, Series
2004-A (within the Bond and Interest Fund) created pursuant to Section 501 hereof.
"Debt Service Requirements'l means the aggregate principal payments (whether at maturity or
pursuant to scheduled mandatory sinking fund redemption requirements) and interest payments on the
Bonds for the period of time for which calculated; provided, however, that for purposes of calculating
such amount, principal and interest shall be excluded from the determination of Debt Service
Requirements to the extent that such principal or interest is payable from amounts deposited in trust,
escrowed or otherwise set aside for the payment thereof with the Paying Agent or other commercial bank
"DefaultedInterest" means interest on any Bond which is payable but not paid on any Interest
Payment Date.
"Defeasance Obligationsl1means any of the following obligations:
(a) United States Government Obligations that are not subject to redemption in advance of
their maturity dates; or
(b) evidences of ownership of proportionate interests in future interest and principal

payments on United States Government Obligations held by a bank or trust company as custodian, under
which the owner of the investment is the real party in interest and has the right to proceed directly and
individually against the obligor and the underlying United States Government Obligations are not
available to any person claiming through the custodian or to whom the custodian may be obligated;
(c) obligations of any state or political subdivision of any state, the interest on which is
excluded from gross income for federal income tax purposes and which meet the following conditions:
(1) the obligations are (i) not subject to redemption prior to maturity or (ii) the
trustee for such obligations has been given irrevocable instructions concerning their calling and
redemption and the issuer of such obligations has covenanted not to redeem such obligations
other than as set forth in such instructions;
(2) the obligations are secured by cash or United States Government Obligations that
may be applied only to principal of, premium, if any, and interest payments on such obligations;
(3) such cash and the principal of and interest on such United States Government
Obligations (plus any cash in the escrow fund) are sufficient to meet the liabilities of the
obligations;
(4) such cash and United States Government Obligations serving as security for the
obligations are held in an escrow fund by an escrow agent or a trustee irrevocably in trust;
(5) such cash and United States Government Obligations are not available to satisfy
any other claims, including those against the trustee or escrow agent; and

(6) the obligations are rated in the highest rating category by Moody's (presently
"Aaa") or Standard & Poor's (presently "AAA").
"Derivative" means any investment instrument whose market price is derived from the
fluctuating value of an underlying asset, index, currency, futures contract, including futures, options and
collateralized mortgage obligations.
"Disclosure Instructions" means the Continuing Disclosure Instructions dated as of the Issue
Date, attached to the Issuer's Closing Certificate, relating to certain obligations contained in the SEC
Rule.
"DTC" means The Depository Trust Company, a limited-purpose trust company organized under
the laws of the State of New York, and its successors and assigns, including any successor securities
depository duly appointed.
"DTC Representation Letterv'means the Blanket Letter of Representation fiom the Issuer and the
Paying Agent to DTC which provides for a book-entry system, or any agreement between the Issuer and
Paying Agent and a successor securities depository duly appointed.
(a) Payment of the principal and of the redemption premium, if any, of any of the Bonds
shall not be made when the same shall become due and payable, either at Stated Maturity or by
proceedings for redemption or otherwise; or
(b) Payment of any installment of interest on any of the Bonds shall not be made when the
same shall become due;
(c) The Issuer shall default in the due and punctual performance of any other of the
covenants, conditions, agreements and provisions contained in the Bonds or in this Bond Resolution
(other than the covenants relating to continuing disclosure requirements contained herein and in the
Disclosure Instructions) on the part of the Issuer to be performed, and such default shall continue for thlrty
(30) days after written notice specifying such default and requiring same to be remedied shall have been
given to the Issuer by the Owner of any of the Bonds then Outstanding; or
(d) A final decree of bankruptcy shall have been entered against the Issuer by a United States
Bankruptcy Court of competent jurisdiction.
1 "Fiscal Year"means the twelve month period ending on December 3 1.
!'Funds and Accounts" means funds and accounts created pursuant to or referred to in Section
501 hereof.
"Improvement Fund" means the Improvement Fund for General Obligation Bonds, Series
2004-A created pursuant to Section 501 hereof.
f'Improvements"means the improvements referred to in the preamble to the Ordinance.
"Independent Accountantf' means an independent certified public accountant or firm of

independent certified public accountants at the time employed by the Issuer for the purpose of carrying
out the duties imposed on the Independent Accountant by this Bond Resolution.
"Insurance Paying Agent" means U.S. Bank Trust National Association, New York, New York,
or its successors under the Bond Insurance Policy, as insurance paying agent.
"Interest Payment Date(s)ll means the Stated Maturity of an installment of interest on any Bond
which shall be March 1 and September 1 of each year, commencing March 1,2005.
"Issue Date" means the date when the Issuer delivers the Bonds to the Purchaser in exchange for
the Purchase Price.
"Maturity" when used with respect to any Bond means the date on which the principal of such
Bond becomes due and payable as therein and herein provided, whether at the S.tated Maturity thereof or
call for redemption or otherwise.
"Mayor" means the duly elected and acting Mayor, or in the Mayor's absence, the duly
appointed andlor elected Vice Mayor or Acting Mayor of the Issuer.
"MBIA" means MBIA Insurance Corporation, h o n k , New York.
"Moody'~'~ means Moody's Investors Service, a corporation organized and existing under the laws
of the State of Delaware, and its successors and assigns, and, if such corporation shall be dissolved or
liquidated or shall no longer perform the functions of a securities rating agency, "Moody's" shall be deemed
to refer to any other nationally recognized securities rating agency designated by the Issuer with notice to
the Bond Insurer.
"NoticeAddress" means with respect to the following entities:
To the Issuer at:
City Hall
201 E. 6th
P.O. Box 426
To the Paying Agent at:
State Treasurer of the State of Kansas

Landon Office Building
'900 Southwest Jackson, Suite 201
Topeka, Kansas 66612-1235
To the Purchaser:

100 N. Main, Suite 8 10

(d) To the Rating Agency(ies):
Moody's Municipal Rating Desk

99 Church Street
New York, New York 10007
Standard & Poor's, a division of

The McGraw-Hill Companies
55 Water Street, 38th lo or
(e) To the Bond Insurer:

113 King Street
Arrnonk, New York 10504
or such other address as is furnished in writing to the other parties referenced herein.
"Notice Representative" means:
(a) With respect to the Issuer, the Clerk.
(b) With respect to the Bond Registrar and Paying Agent, the Municipal Bond Clerk.
(c) With respect to any Purchaser, the manager of its Municipal Bond Department.
(d) With respect to any Rating Agency, any Vice President thereof.
(e) With respect to the Bond Insurer, any Vice President, with a copy to its General Counsel
and Attn: Insured Portfolio Management-Surveillance.
"Ordinance" means Ordinance No. 4500-04 of the Issuer authorizing the issuance of the Bonds,
as amended fi-om time to time.
"Outstanding" means, when used with reference to the Bonds, as of a particular date of
determination, all Bonds theretofore authenticated and delivered, except the following Bonds:
(a) Bonds theretofore canceled by the Paying Agent or delivered to the Paying Agent for
cancellation;
I (b)
(c)
Bonds deemed to be paid in accordance with the provisions of Sectioit 701 hereof;
Bonds in exchange for or in lieu of which other Bonds have been authenticated and
delivered hereunder; and
I (d) Bonds, the principal or interest of which has been paid by the Bond Insurer.
lfOwner" when used with respect to any Bond means the Person in whose name such Bond is
registered on the Bond Register. Whenever consent of the Owners is required pursuant to the terms of
this Bond Resolution, and the Owner of the Bonds, as set forth on the Bond Register, is Cede & Co., the
term Owner shall be deemed to be the Beneficial Owner of the Bonds.
llParticipantsllmeans those financial institutions for whom the Securities Depository effects
book-entry transfers and pledges of securities deposited with the Securities Depository, as such listing of
Participants exists at the time of such reference.
llPayingAgentf1means the State Treasurer, and any successors and assigns.
"Permitted Investments'l shall mean the investments hereinafter described, provided, however,
no moneys or funds shall be invested in a Derivative: (a) investments authorized by K.S.A. 12-1675 and
amendments thereto; (b) the municipal investment pool established pursuant to K.S.A. 12-1677a, and
amendments thereto; (c) direct obligations of the United States Government or any agency thereof; (d)
Intentionally Omitted; (e) interest-bearing time deposits in commercial banks or trust companies located
in the county or counties in which the Issuer is located which are insured by the Federal Deposit
Insurance Corporation or collateralized by securities described in (c); (f) obligations of the federal
national mortgage association, federal home loan banks or the federal home loan mortgage corporation;
(g) repurchase agreements for securities described in (c) or (f); (h) investment agreements or other
obligations of a financial institution the obligations of which at the time of investment are rated in either
of the three highest rating categories by Moody's or Standard & Poor's; (i) investments and shares or units
of a money market fund or trust, the portfolio of which is comprised entirely of securities described in (c)
or (0; (j) receipts evidencing ownership interests in securities or portions thereof described in (c) or (f);
(k) municipal bonds or other obligations issued by any municipality of the State as defined in K.S.A. 10-
1101 which are general obligations of the municipality issuing the same; (1) bonds of any municipality of
the State as defined in K.S.A. 10-1101 which have been refunded in advance of their maturity and are
fully secured as to payment of principal and interest thereon by deposit in trust, under escrow agreement
with a bank, of securities described in (c) or (f),; or (m) other investment obligations authorized by the
laws of the State and approved in writing by the Bond hsurer, all as may be further restricted or modified
by amendments to applicable State law.
'lPersonl' means any natural person, corporation, partnershp, joint venture, association, firm,
joint-stock company, trust, unincorporated organization, or government or any agency or political
subdivision thereof or other public body.
"Purchase Pricef1means the amount set forth in the Bond Purchase Agreement.
llPurchaser"means George K. Baum & Company, Wichita, Kansas, the original purchaser of the
Bonds, and any successor and assigns.
"Rating Agency1' means any company, agency or entity that provides financial ratings for the
Bonds.
"Rebate Fundr1means the Rebate Fund for General Obligation Bonds, Series 2004-A created
pursuant to Sectioit 501 hereof.
"Record Dates1!for the interest payable on any Interest Payment Date means the fifteenth day
(whether or not a Business Day) of the calendar month next preceding such Interest Payment Date.
"Redemption Date1'when used with respect to any Bond to be redeemed means the date fixed
for the redemption of such Bond pursuant to the terms of this Bond Resolution.

"Redemption Price" when used with respect to any Bond to be redeemed means the price at
which such Bond is to be redeemed pursuant to the terms of this Bond Resolution, including the
applicable redemption premium, if any, but excluding installments of interest whose Stated Maturity is on
or before the Redemption Date.
"Replacement Bonds1' means Bonds issued to the Beneficial Owners of the Bonds in
accordance with Sectioit 21 0 hereof.
"SEC Rule" means Rule 15~2-12adopted by the Securities and Exchange Commission under
the Securities Exchange Act of 1934, as may be amended from time to time.
'lsecurities Depository1'means, initially, DTC, and its successors and assigns.
"SpecialRecord Date" means the date fixed by the Paying Agent pursuant to Section 204 hereof
for the payment of Defaulted Interest.
"Standard & Poor's" means Standard & Poor's Ratings Services, a Division of the McGraw-
Hill Companies, Inc., a corporation organized and existing under the laws of the State of New York, and its
successors and assigns, and, if such corporation shall be dissolved or liquidated or shall no longer perform
the functions of a securities rating agency, Standard & Poor's shall be deemed to refer to any other
nationally recognized securities rating agency designated by the Issuer with notice to the Bond Insurer.
"State Treasurer" means the duly elected Treasurer or, in the Treasurer's absence, the duly
appointed Deputy Treasurer or acting Treasurer of the State.
"Stated Maturityf1when used with respect to any Bond or any installment of interest thereon
means the date specified in such Bond and this Bond Resolution as the fixed date on which the principal
of such Bond or such installment of interest is due and payable.
"TermBonds1'means the Bonds scheduled to mature in the year 2024.
'Treasurer" means the duly appointed andtor elected Treasurer or, in the Treasurer's absence, the
duly appointed Deputy Treasurer or acting Treasurer of the Issuer.
"United States Government Obligations" means bonds, notes, certificates of indebtedness,

treasury bills or other securities constituting direct obligations of, or obligations the principal of and
interest on which are'fully and unconditionally guaranteed as to full and timely payment by, the United
States of America, including evidences of a direct ownership interest in future interest or principal
payment on obligations issued by the United States of America (including the interest component of
obligations of the Resolution Funding Corporation), or securities which represent an undivided interest in
such obligations, which obligations are rated in the highest rating category by a nationally recognized
rating service and suchobligations are held in a custodial account for the benefit of the Issuer.

ARTICLE I1
Section 201. Authorization of the Bonds. The Bonds have been heretofore authorized and
directed to be issued pursuant to the Ordinance in the principal amount of $5,323,000, for the purpose of
providing funds to: (a) pay a portion of the costs of the Improvements; and (b) pay Costs of Issuance.
Section 202. Description of the Bonds. The Bonds shall consist of fully registered bonds in
an Authorized Denomination, and shall be numbered in such manner as the Bond Registrar shall
determine. All of the Bonds shall be dated as of the Dated Date, shall become due in the amounts, on the
Stated Maturities, subject to redemption and payment prior to their Stated Maturities as provided in
Article 1
11hereof, and shall bear interest at the rates per annum as follows:
SERIAL BONDS
Stated Maturity Principal Annual Rate Stated Maturity Principal Annual Rate
September 1 Amount of Interest September 1 Amount of Interest
2005 $168,000 5.000% 2013 $240,000 3.650%
2006 175,000 3.125 250,000 3.750
2007 185,000 5.000 260,000 3.900
2008 195,000 5.000 275,000 4.100
2009 205,000 5.000 285,000 4.200
2010 215,000 3.250 295,000 4.300'
201 1 225,000 3.500 3 10,000 4.400
2012 235,000 3.500
TERM BONDS
Stated Maturity Principal Annual Rate

September 1 Amount of Interest
2024 $1,805,000 5.00%
The Bonds shall bear interest at the above specified rates (computed on the basis of a 360-day
year of twelve 30-day months) from the later of the Dated Date or the most recent Interest Payment Date
to which interest has been paid on the Interest Payment Dates in the manner set forth in Section 204
hereof.
Each of the Bonds, as originally issued or issued upon transfer, exchange or substitution, shall be
printed in accordance with the format required by the Attorney General of the State and shall be
substantially in the form attached hereto as EXHIBIT A or as may be required by the Attorney General
pursuant to the Notice of Systems of Registration for Kansas Municipal Bonds, 2 Kan. Reg. 921 (1983),
in accordance with the Kansas Bond Registration Law, K.S.A. 10-620 et seq.
Section 203. Designation of Paying Agent and Bond Registrar. The State Treasurer is
hereby designated as the Paying Agent for the payment of principal of and interest on the Bonds and Bond
Registrar with respect to the registration, transfer and exchange of Bonds. The Mayor of the Issuer is
hereby authorized and empowered to execute on behalf of the Issuer an agreement with the Bond
Registrar and Paying Agent for the Bonds.

The Issuer will at all times maintain a Paying Agent and Bond Registrar meeting the
qualifications herein described for the performance of the duties hereunder. The Issuer reserves the right
to appoint a successor Paying Agent or Bond Registrar, and shall appoint a successor Paying Agent at the
request of the Bond Insurer, by (a) filing with the Paying Agent or Bond Registrar then performing such
function a certified copy of the proceedings giving notice of the termination of such Paying Agent or
Bond Registrar and appointing a successor, and (b) causing notice of appointment of the successor Paying
Agent and Bond Registrar to be given by first class mail to each Owner. No resignation or removal of the
Paying Agent or Bond Registrar shall become effective until a successor acceptable to the Bond Insurer
has been appointed and has accepted the duties of Paying Agent or Bond Registrar. Each successor
Paying Agent shall be approved in writing by the Bond Insurer before the appointment of such successor
Paying Agent shall become effective.
Every Paying Agent or Bond Registrar appointed hereunder shall at all times meet the
requirements of K.S.A. 10-501 et seq. and K.S.A. 10-620 et seq., respectively.
Section 204. Method and Place of Payment of the Bonds. The principal of, or Redemption
Price, and interest on the Bonds shall be payable in any coin or currency which, on the respective dates of
payment thereof, is legal tender for the payment of public and private debts.
The principal or Redemption Price of each Bond shall be paid at Maturity to the Person in whose
name such Bond is registered on the Bond Register at the Maturity thereof, upon presentation and
surrender of such Bond at the principal office of the Paying Agent.
The interest payable on each Bond on any Interest Payment Date shall be paid to the Owner of
such Bond as shown on the Bond Register at the close of business on the Record Date for such interest (a)
by check or draft mailed by the Paying Agent to the address of such Owner shown on the Bond Register
or at such other address as is h i s h e d to the Paying Agent in writing by such Owner; or (b) in the case of
an interest payment to any Owner of $500,000 or more in aggregate principal amount of Bonds, by
electronic transfer to such Owner upon written notice given to the Bond Registrar by such Owner, not less
than 15 days prior to the Record Date for such interest, containing the electronic transfer instructions
including the bank ABA routing number and account number to which such Owner wishes to have such
transfer directed.
Notwithstanding the foregoing provisions of this Section, any Defaulted Interest with respect to
any Bond shall cease to be payable to the Owner of such Bond on the relevant Record Date and shall be
payable to the Owner in whose name such Bond is registered at the close of business on the Special
Record Date for the payment of such Defaulted Interest, which Special Record Date shall be fixed as
hereinafter specified in this paragraph. The Issuer shall notify the Paying Agent in writing of the amount
of Defaulted Interest proposed to be paid on each Bond and the date of the proposed payment (which date
shall be at least 30 days after receipt of such notice by the Paying Agent) and shall deposit with the
Paying Agent at the time of such notice an amount of money equal to the aggregate amount proposed to
be paid in respect of such Defaulted Interest or shall make arrangements satisfactory to the Paying Agent
for such deposit prior to the date of the proposed payment. Following receipt of such funds the Paying
Agent shall fix a Special Record Date for the payment of such Defaulted Interest which shall be not more
than 15 nor less than 10 days prior to the date of the proposed payment. The Paying Agent shall promptly
notify the Issuer of such Special Record Date and, in the name and at the expense of the Issuer, shall
cause notice of the proposed payment of such Defaulted Interest and the Special Record Date therefore to
be mailed, by first class mail, postage prepaid, to each Owner of a Bond entitled to such notice at the
address of such Owner as it appears on the Bond Register not less than 10 days prior to such Special
Record Date.

The Paying Agent shall keep a record of payment of principal and Redemption Price of and
interest on all Bonds and at least annually shall forward a copy or summary of such records to the Issuer.
Section205. Payments Due on Saturdays, Sundays and Holidays. In any case where a
Bond Payment Date is not a Business Day, then payment of principal, Redemption Price or interest need
not be made on such Bond Payment Date but may be made on the next succeeding Business Day with the
same force and effect as if made on such Bond Payment Date, and no interest shall accrue for the period
after such Bond Payment Date.
Section 206. Registration, Transfer and Exchange of Bonds. The Issuer covenants that, as
long as any of the Bonds remain Outstanding, it will cause the Bond Register to be kept at the office of
the Bond Registrar as herein provided. Each Bond when issued shall be registered in the name of the
Owner thereof on the Bond Register.
Bonds may be transferred and exchanged only on the Bond Register as provided in this Section.
Upon surrender of any Bond at the principal office of the Bond Registrar, the Bond Registrar shall
transfer or exchange such Bond for a new Bond or Bonds in any authorized denomination of the same
Stated Maturity and in the same aggregate principal amount as the Bond that was presented for transfer or
exchange.
Bonds presented for transfer or exchange shall be accompanied by a written instrument or

instruments of transfer or authorization for exchange, in a form and with guarantee of signature
satisfactory to the Bond Registrar, duly executed by the Owner thereof or by the Owner's duly authorized
agent.
In all cases in which the privilege of transferring or exchanging Bonds is exercised, the Bond
Registrar shall authenticate and deliver Bonds in accordance with the provisions of this Bond Resolution.
The Issuer shall pay the fees and expenses of the Bond Registrar for the registration, transfer and
exchange of Bonds provided for by this Bond Resolution and the cost of printing a reasonable supply of
registered bond blanks. Any additional costs or fees that might be incurred in the secondary market, other
than fees of the Bond Registrar, are the responsibility of the Owners of the Bonds. In the event any
Owner fails to provide a correct taxpayer identification number to the Paying Agent, the Paying Agent
may make a charge against such Owner sufficient to pay any governmental charge required to be paid as a
result of such failure. In compliance with Code !j 3406, such amount may be deducted by the Paying
Agent fiom amounts otherwise payable to such Owner hereunder or under the Bonds.
The Issuer and the Bond Registrar shall not be required (a) to register the transfer or exchange of
any Bond that has been called for redemption after notice of such redemption has been mailed by the
Paying Agent pursuant to Section 303 hereof and during the period of 15 days next preceding the date of
mailing of such notice of redemption; or (b) to register the transfer or exchange of any Bond during a
period beginning at the opening of business on the day after receiving written notice fiom the Issuer of its
intent to pay Defaulted Interest and ending at the close of business on the date fixed for the payment of
Defaulted Interest pursuant to Section 204 hereof.
The Issuer and the Paying Agent may deem and treat the Person in whose name any Bond is
registered on the Bond Register as the absolute Owner of such Bond, whether such Bond is overdue or
not, for the purpose of receiving payment of, or on account of, the principal or Redemption Price of and
interest on said Bond and for all other purposes. All payments so made to any such Owner or upon the
Owner's order shall be valid and effective to satisfy and discharge the liability upon such Bond to the

11
extent of the sum or sums so paid, and neither the Issuer nor the Paying Agent shall be affected by any
notice to the contrary.
At reasonable times and under reasonable regulations established by the Bond Registrar, the Bond
Register may be inspected and copied by the Bond Insurer or the Owners (or a designated representative
thereof) of 10% or more in principal amount of the Bonds then Outstanding or any designated
representative of such Owners whose authority is evidenced to the satisfaction of the Bond Registrar.
Section 207. Execution, Registration, Authentication and Delivery of Bonds. Each of the
Bonds, including any Bonds issued in exchange or as substitutions for the Bonds initially delivered, shall
be executed for and on behalf of the Issuer by the manual or facsimile signature of the Mayor, attested by
the manual or facsimile signature of the Clerk and the seal of the Issuer shall be affixed thereto or
imprinted thereon. The Mayor and Clerk are hereby authorized and directed to prepare and execute the
Bonds in the manner herein specified, and to cause the Bonds to be registered in the office of the Clerk,
which registration shall be evidenced by the manual or facsimile signature of the Clerk with the seal of
the Issuer affixed thereto or imprinted thereon. The Bonds shall also be registered in the office of the
State Treasurer, which registration shall be evidenced by the manual or facsimile signature of the State
Treasurer with the seal of the State Treasurer affixed thereto or imprinted thereon. In case any officer
whose signature appears on any Bonds ceases to be such officer before the delivery of such Bonds, such
signature shall nevertheless be valid and sufficient for all purposes, as if such person had remained in
office until delivery. Any Bond may be signed by such persons who at the actual time of the execution of
such Bond are the proper officers to sign such Bond although at the date of such Bond such persons may
not have been such officers.
The Mayor and Clerk are hereby authorized and directed to prepare and execute the Bonds as
herein specified, and when duly executed, to deliver the Bonds to the Bond Registrar for authentication.
The Bonds shall have endorsed thereon a certificate of authentication substantially in the form
attached hereto as EXHIBIT A hereof, which shall be manually executed by an authorized officer or
employee of the Bond Registrar, but it shall not be necessary that the same officer or employee sign the
certificate of authentication on all of the Bonds that may be issued hereunder at any one time. No Bond
shall be entitled to any security or benefit under this Bond Resolution or be valid or obligatory for any
purpose unless and until such certificate of authentication has been duly executed by the Bond Registrar.
Such executed certificate of authentication upon any Bond shall be conclusive evidence that such Bond
has been duly authenticated and delivered under this Bond Resolution. Upon authentication, the Bond
Registrar shall deliver the Bonds to the Purchaser upon instructions of the Issuer or its representative.
Section 208. Mutilated, Lost, Stolen or Destroyed Bonds. If (a) any mutilated Bond is
surrendered to the Bond Registrar or the Bond Registrar receives evidence to its satisfaction of the
destruction, loss or theft of any Bond, and (b) there is delivered to the Issuer and the Bond Registrar such
security or indemnity as may be required by each of them, then, in the absence of notice to the Issuer or
the Bond Registrar that such Bond has been acquired by a bona fide purchaser, the Issuer shall execute
and, upon the Issuer's request, the Bond Registrar shall authenticate and deliver, in exchange for or in lieu
-
of any such mutilated, destroyed, lost or stolen Bond, a new Bond of the same Stated Maturity and of like
tenor and principal amount.
If any such mutilated, destroyed, lost or stolen Bond has become or is about to become due and
payable, the Issuer, in its discretion, may pay such Bond instead of issuing a new Bond.
Upon the issuance of any new Bond under this Section, the Issuer and the Paying Agent may
require the payment by the Owner of a sum sufficient to cover any tax or other governmental charge that
may be imposed in relation thereto and any other expenses (including the fees and expenses of the Paying
Agent) connected therewith.
Every new Bond issued pursuant to this Section shall constitute a replacement of the prior
obligation of the Issuer, and shall be entitled to all the benefits of this Bond Resolution equally and
ratably with all other Outstanding Bonds.
Section 209. Cancellation and ~estructionof Bonds Upon Payment. All Bonds that have
been paid or redeemed or that otherwise have been surrendered to the Paying Agent, either at or before
Maturity, shall be cancelled by the Paying Agent immediately upon the payment, redemption and
surrender thereof to the Paying Agent and subsequently destroyed in accordance with the customary
practices of the Paying Agent. The Paying Agent shall execute a certificate in duplicate describing the
Bonds so cancelled and destroyed and shall file an executed counterpart of such certificate with the Issuer.
Section 210. Book-Entry Bonds; Securities Depository. The Issuer and Paying Agent have
entered into a DTC Representation Letter with DTC. The Bonds shall initially be registered to Cede &
Co., the nominee for the Securities Depository, and no Beneficial Owner will receive certificates
representing their respective interests in the Bonds, except in the event the Bond Registrar issues
Replacement Bonds as provided in this Section. It is anticipated that during the term of the Bonds, the
Securities Depository will make book-entry transfers among its Participants and receive and transmit
payment of principal of, premium, if any, and interest on, the Bonds to the Participants until and unless
the Bond Registrar authenticates and delivers Replacement Bonds to the Beneficial Owners as described
in the following paragraph.
The Issuer may decide, subject to the requirements of the Operational Arrangements of DTC (or a
successor Securities Depository), and the following provisions of this section to discontinue use of the
system of book-entry transfers through DTC (or a successor Securities Depository):
(a) If the Issuer determines (1) that the Securities Depository is unable to properly discharge
its responsibilities, or (2) that the Securities Depository is no longer qualified to act as a securities
depository and registered clearing agency under the Securities and Exchange Act of 1934, as amended, or
(3) that the continuation of a book-entry system to the exclusion of any Bonds being issued to any Owner
other than Cede & Co. is no longer in the best interests of the Beneficial Owners of the Bonds; or
(b) if the Bond Registrar receives written notice from Participants having interests in not less
than 50% of the Bonds Outstanding, as shown on the records of the Securities Depository (and certified to
such effect by the Securities Depository), that the continuation of a book-entry system to the exclusion of
any Bonds being issued to any Owner other than Cede & Co. is no longer in the best interests of the
Beneficial Owners of the Bonds, then the Bond Registrar shall notify the Owners of such determination or
such notice and of the availability of certificates to Owners requesting the same, and the Bond Registrar
shall register in the name of and authenticate and deliver Replacement Bonds to the Beneficial Owners or
their nominees in principal amounts representing the interest of each, making such adjustments as it may
find necessary or appropriate as to accrued interest and previous calls for redemption; provided, that in
the case of a determination under (a)(l) or (a)(2) of this paragraph, the Issuer, with the consent of the
Bond Registrar, may select a successor securities depository in accordance with the following paragraph
to effect book-entry transfers.
In such event, all references to the Securities Depository herein shall relate to the period of time
when the Securities Depository has possession of at least one Bond. Upon the issuance of Replacement
Bonds, all references herein to obligations imposed upon or to be performed by the Securities Depository
shall be deemed to be imposed upon and performed by the Bond Registrar, to the extent applicable with

13
respect to such Replacement Bonds. If the Securities Depository resigns and the Issuer, the Bond
Registrar or Owners are unable to locate a qualified successor of the Securities Depository in accordance
with the following paragraph, then the Bond Registrar shall authenticate and cause delivery of
Replacement Bonds to Owners, as provided herein. The Bond Registrar may rely on information from
the Securities Depository and its Participants as to the names of the Beneficial Owners of the Bonds. The
cost of printing, registration, authentication, and delivery of Replacement Bonds shall be paid for by
the Issuer.
In the event the Securities Depository resigns, is unable to properly discharge its responsibilities,
or is no longer qualified to act as a securities depository and registered clearing agency under the
Securities and Exchange Act of 1934, as amended, the Issuer may appoint a successor Securities
Depository provided the Bond Registrar receives written evidence satisfactory to the Bond Registrar with
respect to the ability of the successor Securities Depository to discharge its responsibilities. Any such
successor Securities Depository shall be a securities depository which is a registered clearing agency
under the Securities and Exchange Act of 1934, as amended, or other applicable statute or regulation that
operates a securities depository upon reasonable and customary terms. The Bond Registrar upon its
receipt of a Bond or Bonds for cancellation shall cause the delivery of Bonds to the successor Securities
Depository in appropriate denominations and form as provided herein.
Section 211. Nonpresentment of Bonds. If any Bond is not presented for payment when the
principal thereof becomes due at Maturity, if funds sufficient to pay such Bond have been made available
to the Paying Agent all liability of the Issuer to the Owner thereof for the payment of such Bond shall
forthwith cease, determine and be completely discharged, and thereupon it shall be the duty of the Paying
Agent to hold such funds, without liability for interest thereon, for the benefit of the Owner of such Bond,
who shall thereafter be restricted exclusively to such funds for any claim of whatever nature on his part
under this Bond Resolution or on, or with respect to, said Bond. If any Bond is not presented for payment
within four (4) years following the date when such Bond becomes due at Maturity, the Paying Agent shall
repay, without liability for interest thereon, to the Issuer the funds theretofore held by it for payment of
such Bond, and such Bond shall, subject to the defense of any applicable statute of limitation, thereafter
be an unsecured obligation of the Issuer, and the Owner thereof shall be entitled to look only to the Issuer
for payment, and then only to the extent of the amount so repaid to it by the Paying Agent, and the Issuer
shall not be liable for any interest thereon and shall not be regarded as a trustee of such money.
Section 212. Preliminary and Final Official Statement. The Preliminary Official Statement
dated July 23,2004, is hereby ratified and approved. The final Official Statement is hereby authorized to
be prepared by supplementing, amending and completing the Preliminary Official Statement, with such
changes and additions thereto as are necessary to conform to and describe the transaction. The Mayor or
chief financial officer of the Issuer are hereby authorized to execute the final Official Statement as so
supplemented, amended and completed, and the use and public distribution of the final Official Statement
by the Purchaser in connection with the reoffering of the Bonds is hereby authorized. The proper officials
of the Issuer are hereby authorized to execute and deliver a certificate pertaining to such Official
Statement as prescribed therein, dated as of the Issue Date.
The Issuer agrees to provide to the Purchaser within seven business days of the date of the sale of
Bonds sufficient copies of the final Official Statement to enable the Purchaser to comply with the
requirements of Rule 15c2-12(3) and (4) of the Securities and Exchange Commission and with the
requirements of Rule G-32 of the Municipal Securities Rulemaking Board.
Section 213. Sale of the Bonds - Bond Purchase Agreement. The execution of the Bond
Purchase Agreement Mayor is hereby ratified and confirmed. Pursuant to the Bond Purchase Agreement,
the Issuer agrees to sell the Bonds to the Purchaser for the Purchase Price, upon the terms and conditions set
forth therein. and which officer is hereby authorized to execute the Bond Purchase Agreement for and on
behalf of the Issuer.
ARTICLE I11
REDEMPTION OF BONDS
Section 301. Redemption by Issuer.
Optional Redemption. At the option of the Issuer, Bonds or portions thereof maturing in the
years 2015 and thereafter, may be called for redemption and payment prior to their Stated Maturity on
September 1, 2014, and thereafter as a whole or in part (selection of maturities and the amount of Bonds
of each maturity to be redeemed to be determined by the Issuer in such equitable manner as it may
determine) at any time at the Redemption Price of 100% (expressed as a percentage of the principal
amount), plus accrued interest thereon to the Redemption Date
Mandatory Redemption. The Term Bonds shall be subject to mandatory redemption and
payment prior to Stated Maturity pursuant to the mandatory redemption requirements of this Section at a
Redemption Price equal to 100% of the principal amount thereof plus accrued interest to the Redemption
Date. The taxes levied in Article IVhereof which are to be deposited into the Debt Service Account shall
be sufficient to redeem, and the Issuer shall redeem on September 1 in each year, the following principal
amounts of such Term Bonds:
Principal
Amount
$325,000
345,000
360,000
380,000
395,000
"Final Maturity
At its option, to be exercised on or before the 45th day next preceding any mandatory
Redemption Date, the Issuer may: (1) deliver to the Paying Agent for cancellation Term Bonds subject to
mandatory redemption on said mandatory Redemption Date, in any aggregate principal amount desired;
or (2) furnish the Paying Agent funds, together with appropriate instructions, for the purpose of
purchasing any Term Bonds subject to mandatory redemption on said mandatory Redemption Date from
any Owner thereof whereupon the Paying Agent shall expend such finds for such purpose to such extent
as may be practical; or (3) receive a credit with respect to the mandatory redemption obligation of the
Issuer under this Section for any Term Bonds subject to mandatory redemption on said mandatory
Redemption Date which, prior to such date, have been redeemed (other than through the operation of the
mandatory redemption requirements of this subsection) and cancelled by the Paying Agent and not
theretofore applied as a credit against any redemption obligation under this subsection. Each Term Bond
so delivered or previously purchased or redeemed shall be credited at 100% of the principal amount
thereof on the obligation of the Issuer to redeem Term Bonds of the same Stated Maturity on such
mandatory Redemption Date, and any excess of such amount shall be credited on future mandatory
redemption obligations for Term Bonds of the same Stated Maturity as designated by the Issuer, and the
principal amount of Term Bonds to be redeemed by operation of the requirements of this Section shall be

15
accordingly reduced. If the Issuer intends to exercise any option granted by the provisions of clauses (I),
(2) or (3) above, the Issuer will, on or before the 45th day next preceding each mandatory Redemption
Date, furnish the Paying Agent a written certificate indicating to what extent the provisions of said clauses
(I), (2) and (3) are to be complied with, with respect to such mandatory redemption payment.
Section 302. Selection of Bonds to be Redeemed.
(a) In the event the Issuer-desires to call the Bonds for redemption prior to maturity, written
notice of such intent shall be provided to the Bond Registrar in accordance with K.S.A. 10-129, as
amended, not less than 45 days prior to the Redemption Date. The Bond Registrar shall call Bonds for
redemption and payment and shall give notice of such redemption as herein provided upon receipt by the
Bond Registrar at least 45 days prior to the Redemption Date of written instructions of the Issuer
specifying the principal amount, Stated Maturities, Redemption Date and Redemption Prices of the Bonds
to be called for redemption. If the Bonds are refunded more than 90 days in advance of such Redemption
Date, any escrow agreement entered into by the Issuer in connection with such refunding shall provide
that such written instructions to the Paying Agent shall be given by the escrow agent on behalf of the
Issuer not more than 90 days prior to the Redemption Date. The Paying Agent may in its discretion waive
such notice period so long as the notice requirements set forth in Section 303 are met. The foregoing
provisions of this paragraph shall not apply in the case of any mandatory redemption of Term Bonds
hereunder, and Term Bonds shall be called by the Paying Agent for redemption pursuant to such
mandatory redemption requirements without the necessity of any action by the Issuer and whether or not
the Paying Agent holds moneys available and sufficient to effect the required redemption.
(b) Bonds shall be redeemed only in an Authorized Denomination. When less than all of the
Bonds are to be redeemed and paid prior to their Stated Maturity, such Bonds shall be redeemed in such
manner as the Issuer shall determine. Bonds of less than a full Stated Maturity shall be selected by the
Bond Registrar in a minimum Authorized Denomination of principal amount in such equitable manner as
the Bond Registrar may determine.
(c) In the case of a partial redemption of Bonds by lot when Bonds of denominations greater
than a minimum Authorized Denomination are then Outstanding, then for all purposes in connection with
such redemption each a minimum Authorized Denomination of face value shall be treated as though it
were a separate Bond of the denomination of a minimum Authorized Denomination. If it is determined
that one or more, but not all, of the a minimum Authorized Denomination of face value represented by
any Bond is selected for redemption, then upon notice of intention to redeem such a minimum Authorized
Denomination, the Owner or the Owner's duly authorized agent shall forthwith present and surrender such
Bond to the Bond Registrar: (1) for payment of the Redemption Price and interest to the Redemption Date
of such a minimum Authorized Denomination of face value called for redemption, and (2) for exchange,
without charge to the Owner thereof, for a new Bond or Bonds of the aggregate principal amount of the
unredeemed portion of the principal amount of such Bond. If the Owner of any such Bond fails to present
such Bond to the Paying Agent for payment and exchange as aforesaid, such Bond shall, nevertheless,
become due and payable on the redemption date to the extent of the a minimum Authorized Denomination
of face value called for redemption (and to that extent only).
Section 303. Notice and Effect of Call for Redemption. Unless waived by any Owner of
Bonds to be redeemed, if the Issuer shall call any Bonds for redemption and payment prior to the Stated
Maturity thereof, the Issuer shall give written notice of its intention to call and pay said Bonds to the
Bond Registrar, the Bond Insurer and the Purchaser. In addition, the Issuer shall cause the Bond Registrar
to give written notice of redemption to the Owners of said Bonds. Each of said written notices shall be
deposited in the United States first class mail not less than 30 days prior to the Redemption Date.

All official notices of redemption shall be dated and shall contain the following information:
(a) the Redemption Date;
(b) the Redemption Price;
(c) if less than all Outstanding Bonds are to be redeemed, the identification (and, in the case
of partial redemption of any Bonds, the respective principal amounts) of the Bonds to be redeemed;
(d) a statement that on the Redemption Date the Redemption Price will become due and
payable upon each such Bond or portion thereof called for redemption and that interest thereon shall cease
to accrue from and after the Redemption Date; and
(e) the place where such Bonds are to be surrendered for payment of the Redemption Price,
which shall be the principal office of the Paying Agent.
The failure of any Owner to receive notice given as heretofore provided or an immaterial defect
therein shall not invalidate any redemption.
Prior to any Redemption Date, the Issuer shall deposit with the Paying Agent an amount of
money sufficient to pay the Redemption Price of all the Bonds or portions of Bonds that are to be
redeemed on such Redemption Date.
For so long as the Securities Depository is effecting book-entry transfers of the Bonds, the Bond
Registrar shall provide the notices specified in this Section to the Securities Depository. It is expected
that the Securities Depository shall, in turn, notify its Participants and that the Participants, in turn, will
notify or cause to be notified the Beneficial Owners. Any failure on the part of the Securities Depository
or a Participant, or failure on the part of a nominee of a Beneficial Owner of a Bond (having been mailed
notice fiom the Bond Registrar, the Securities Depository, a Participant or otherwise) to notify the
Beneficial Owner of the Bond so affected, shall not affect the validity of the redemption of such Bond.
Official notice of redemption having been given as aforesaid, the Bonds or portions of Bonds to
be redeemed shall become due and payable on the Redemption Date, at the Redemption Price therein
specified, and from and after the Redemption Date (unless the Issuer defaults in the payment of the
Redemption Price) such Bonds or portion of Bonds shall cease to bear interest. Upon surrender of such
Bonds for redemption in accordance with such notice, the Redemption Price of such Bonds shall be paid
by the Paying Agent. Installments of interest due on or prior to the Redemption Date shall be payable as
herein provided for payment of interest. Upon surrender for any partial redemption of any Bond, there
shall be prepared for the Owner a new Bond or Bonds of the same Stated Maturity in the amount of the
unpaid principal as provided herein. All Bonds that have been surrendered for redemption shall be
cancelled and destroyed by the Paying Agent as provided herein and shall not be reissued.
In addition to the foregoing notice, the Issuer shall provide such notices of redemption as are
required by the Disclosure Instructions. Further notice may be given by the Issuer or the Bond Registrar
on behalf of the Issuer as set out below, but no defect in said further notice nor any failure to give all or
any portion of such further notice shall in any manner defeat the effectiveness of a call for redemption if
official notice thereof is given as above prescribed.
(a) Each further notice of redemption given hereunder shall contain the information required
above for an offkial notice of redemption plus (1) the CUSP numbers of all Bonds being redeemed; (2)
the date of issue of the Bonds as originally issued; (3) the rate of interest borne by each Bond being

17
redeemed; (4) the maturity date of each Bond being redeemed; and (5) any other descriptive information
needed to identify accurately the Bonds being redeemed.
(b) Each further notice of redemption shall be sent at least one day before the mailing of
notice to Owners by first class, registered or certified mail or overnight delivery, as determined by the
Bond Registrar, to all registered securities depositories then in the business of holding substantial amounts
of obligations of types comprising the Bonds and to one or more national information services that
disseminate notices of redemption of obligations such as the Bonds.
(c) Each check or other transfer of funds issued for the payment of the Redemption Price of
Bonds being redeemed shall bear or have enclosed the CUSP number of the Bonds being redeemed with
the proceeds of such check or other transfer.
The Paying Agent is also directed to comply with any mandatory standards then in effect for
processing redemptions of municipal securities established by the State or the Securities and Exchange
Commission. Failure to comply with such standards shall not affect or invalidate the redemption of any
Bond.
ARTICLE IV
SECURITY FOR BONDS
Section 401. Security for the Bonds. The Bonds shall be general obligations of the Issuer
payable as to both principal and interest in part from special assessments levied upon the property
within the territorial limits of the Issuer. The balance of the principal and interest on the Bonds is payable
from ad valorem taxes which may be levied without limitation as to rate or amount upon all the taxable
tangible property, real and personal, within the territorial limits of the Issuer. The full faith, credit and
resources of the Issuer are hereby irrevocably pledged for the prompt payment of the principal of and
interest on the Bonds as the same become due.
Section 402. Levy and Collection of Annual Tax. The governing body of the Issuer shall
annually make provision for the payment of principal of, premium, if any, and interest on the Bonds as the
same become due by, to the extent necessary, levying and collecting the necessary taxes andlor
assessments upon all of the taxable tangible property within the Issuer in the manner provided by law.
The taxes and/or assessments referred to above shall be extended upon the tax rolls in each of the
the other ad valorem taxes of the Issuer are levied and collected. The proceeds derived from said taxes
shall be deposited in the Bond and Interest Fund, shall be kept separate and apart from all other funds of
the Issuer shall thereafter be deposited in the Debt Service Account and shall be used solely for the
payment of the principal of and interest on the Bonds as and when the same become due, taking into
account any scheduled mandatory redemptions, and the fees and expenses of the Paying Agent.
interest out of the general funds of the Issuer and to reimburse said general funds for money so expended
when said taxes are collected.
JLNM03552DOND RESOLUTION A (08-02-04)

ARTICLE V
ESTABLISHMENT OF FUNDS AND ACCOUNTS DEPOSIT AND APPLICATION OF

BOND PROCEEDS AND OTHER MONEYS
Section 501. Creation of Funds and Accounts. Simultaneously with the issuance of the
Bonds, there shall be created within the Treasury of the Issuer the following funds and accounts:
(a) Improvement Fund for General Obligation Bonds, Series 2004-A;
(b) Debt Service Account for General Obligation Bonds, Series 2004-A;
(c) Rebate Fund for General Obligation Bonds, Series 2004-A; and
(d) Costs of Issuance Account for General Obligation Bonds, Series 2004-A
The Funds and Accounts established herein shall be administered in accordance with the
provisions of this Bond Resolution so long as the Bonds are Outstanding.
Section 502. Deposit of Bond Proceeds and Other Moneys. The net proceeds received fkom
the sale of the Bonds and certain other funds shall be deposited simultaneously with the delivery of the
Bonds as follows:
(a) All accrued interest received from the sale of the Bonds shall be deposited in the Debt
Service Account.
(b) The sum of $30,850 shall be deposited in the Costs of Issuance Account.
(c) The remaining balance of the proceeds derived from the sale of the Bonds, together with
funds provided by the Issuer in accordance with subsection (d) hereof, shall be deposited in the
Improvement Fund.
(d) In addition to proceeds of the Bonds, the Issuer will use available moneys representing
special assessments paid in cash for the Improvements in an amount of $103,167.49 to pay a portion of
the costs of the Improvements.
Section503. Application of Moneys in the Improvement Fund. Moneys in the

Improvement Fund shall be used for the sole purpose of: (a) paying the costs of the Improvements, in
accordance with the plans and specifications therefor prepared by the Consulting Engineer heretofore
approved by the governing body of the Issuer and on file in the office of the Clerk, including any
alterations in or amendments to said plans and specifications deemed advisable by the Consulting
Engineer and approved by the governing body of the Issuer; and (b) transferring any amounts to the
Rebate Fund required by Section 506 hereof.
Withdrawals from the Improvement Fund shall be made only when authorized by the governing
body of the Issuer. Each authorization for costs of the Improvements shall be supported by a certificate
executed by the Issuer's Clerk (or designate stating that such payment is being made for a purpose within
the scope of this Bond Resolution and that the amount of such payment represents only the contract price
JLM403552BOND RESOLUTION A (08-02-04)

of the property, equipment, labor, materials or service being paid for or, if such payment is not being
made pursuant to an express contract, that such payment is not in excess of the reasonable value thereof.
Authorizations for withdrawals for other authorized purposes shall be supported by a certificate executed
by the Issuer's Clerk (or designate) stating that such payment is being made for a purpose within the scope
of this Bond Resolution.
Upon completion of the Improvements, any surplus remaining in the Improvement Fund shall be
deposited in the Debt Service Account.
Section 504. Application of Moneys in Debt Service Account. All amounts paid and
credited to the Debt Service Account shall be expended and used by the Issuer for the sole purpose of
paying the principal or Redemption Price of and interest on the Bonds as and when the same become due
and the usual and customary fees and expenses of the Bond Registrar and Paying Agent. The Treasurer is
authorized and directed to withdraw from the Debt Service Account sums sufficient to pay both principal
or Redemption Price of and interest on the Bonds and the fees and expenses of the Bond Registrar and
Paying Agent as and when the same become due, and to forward such sums to the Paying Agent in a
manner which ensures that the Paying Agent will receive immediately available funds in such amounts on
or before the Business Day immediately preceding the dates when such principal, interest and fees of the
Bond Registrar and Paying Agent will become due. If, through the lapse of time or otherwise, the Owners
of Bonds are no longer entitled to enforce payment of the Bonds or the interest thereon, the Paying Agent
shall return said funds to the Issuer. All moneys deposited with the Paying Agent shall be deemed to be
deposited in accordance with and subject to all of the provisions contained in this Bond Resolution and
shall be held in trust by the Paying Agent for the benefit of the Owners of the Bonds entitled to payment
from such moneys.
Any moneys or investments remaining in the Debt Service Account after the retirement of the
indebtedness for which the Bonds were issued shall be transferred and paid into the Bond and
Interest Fund.
Section 505. Application of Moneys in the Rebate Fund.
(a) There shall be deposited in the Rebate Fund such amounts as are required to be deposited
therein pursuant to the Arbitrage Instructions. All money at any time deposited in the Rebate Fund shall
be held in trust, to the extent required to satisfy the Rebate Amount (as defined in the Arbitrage
Instructions), for payment to the United States of America, and neither the Issuer nor the Owner of any
Bonds shall have any rights in or claim to such money. All amounts deposited into or on deposit in the
Rebate Fund shall be governed by this Section and the Arbitrage Instructions.
(b) The Issuer shall periodically determine the arbitrage rebate, if any, under Code 4 148(f) in
accordance with the Arbitrage Instructions, and the Issuer shall make payments to the United States of
America at the times and in the amounts determined under the Arbitrage Instructions. Any moneys
remaining in the Rebate Fund after redemption and payment of all of the Bonds and payment and
satisfaction of any Rebate Amount, or provision made therefor, shall be deposited into the Bond and
Interest Fund.
(c) Notwithstanding any other provision of this Bond Resolution, including in particular
Article U I hereof, the obligation to pay arbitrage rebate to the United States of America and to comply
with all other requirements of this Section and the Arbitrage Instructions shall survive the defeasance or
payment in full of the Bonds.

20
Section 506. Deposits and Investment of Moneys. Moneys in each of the Funds and
Accounts shall be deposited in a bank, savings and loan association or savings bank: (a) organized under
the laws of the State or the United States with main oftices located in the county or counties in which the
Issuer is located; or (b) under certain conditions of State law, organized under the laws of the United
States or any other State thereof, with main offices located outside of the State, but with a branch located
in the county or counties in which the Issuer is located. All such depositaries shall be members of the
Federal Deposit Insurance Corporation. All such deposits shall be invested in Permitted Investments as
set forth in this Article or shall be adequately secured as provided by the laws of the State. All moneys
held in the Funds and Accounts shall be kept separate and apart from all other funds of the Issuer so that
there shall be no commingling with any other funds of the Issuer.
Moneys held in any Fund or Account may be invested in accordance with this Bond Resolution
and the Arbitrage Instructions in Permitted Investments; provided, however, that no such investment shall
be made for a period extending longer than to the date when the moneys invested may be needed for the
purpose for which such fund was created. All earnings on any investments held in any Fund or Account
shall accrue to and become a part of such Fund or Account.
Section 507. Application of Moneys in the Costs of Issuance Account. Moneys in the Costs
of Issuance Account shall be used by the Issuer to pay the Costs of Issuance. Any funds remaining in the
Costs of Issuance Account, after payment of all Costs of Issuance, but not later than the later of-30 days
prior to the first Stated Maturity of principal or one year after the date of issuance of the Bonds, shall be
transferred to the Debt Service Account.
ARTICLE VI
Section 601. Remedies. The provisions of the Bond Resolution, including the covenants and
agreements herein contained, shall constitute a contract between the Issuer and the Owners of the Bonds.
If an Event of Default occurs and shall be continuing, the Owner or Owners of not less than 10% in
principal amount of the Bonds at the time Outstanding shall have the right for the equal benefit and
protection of all Owners of Bonds similarly situated:
(a) by mandamus or other suit, action or proceedings at law or in equity to enforce the rights
of such Owner or Owners against the Issuer and its officers, agents and employees, and to require and
compel duties and obligations required by the provisions of the Bond Resolution or by the Constitution
and laws of the State;
(b) by suit, action or other proceedings in equity or at law to require the Issuer, its officers,
agents and employees to account as if they were the trustees of an express trust; and
(c) by suit, action or other proceedings in equity or at law to enjoin any acts or things which
may be unlawful or in violation of the rights of the Owners of the Bonds.
Section 602. Limitation on Rights of Owners. The covenants and agreements of the Issuer
contained herein and in the Bonds shall be for the equal benefit, protection, and security of the Owners of
any or all of the Bonds, all of which Bonds shall be of equal rank and without preference or priority of
one Bond over any other Bond in the application of the funds herein pledged to the payment of the
principal of and the interest on the Bonds, or otherwise, except as to rate of interest, date of maturity and
JLM403552iBOND RESOLUTION A (08-02-04)

right of prior redemption as provided in this Bond Resolution. No one or more Owners secured hereby
shall have any right in any manner whatever by his or their action to affect, disturb or prejudice the
security granted and provided for herein, or to enforce any right hereunder, except in the manner herein
provided, and all proceedings at law or in equity shall be instituted, had and maintained for the equal
benefit of all Outstanding Bonds.
Section 603. Remedies Cumulative. No remedy conferred herein upon the Owners is
intended to be exclusive of any other remedy, but each such remedy shall be cumulative and in addition to
every other remedy and may be exercised without exhausting and without regard to any other remedy
conferred herein. No waiver of any default or breach of duty or contract by the Owner of any Bond shall
extend to or affect any subsequent default or breach of duty or contract or shall impair any rights or
remedies thereon. No delay or omission of any Owner to exercise any right or power accruing upon any
default shall impair any such right or power or shall be construed to be a waiver of any such default or
acquiescence therein. Every substantive right and every remedy conferred upon the Owners of the Bonds
by this Bond Resolution may be enforced and exercised from time to time and as often as may be deemed
expedient. If action or proceedings taken by any Owner on account of any default or to enforce any right
or exercise any remedy has been discontinued or abandoned for any reason, or shall have been determined
adversely to such Owner, then, and in every such case, the Issuer and the Owners of the Bonds shall be
restored to their former positions and rights hereunder, respectively, and all rights, remedies, powers and
duties of the Owners shall continue as if no such suit, action or other proceedings had been brought
or taken.
Section 604. Control of Remedies Upon an Event of Default and Event of Insolvency.
Upon the occurrence and continuance of an Event of Default, the Bond Insurer, provided the Bond
Insurance Policy is in full force and effect and the Bond Insurer shall not be in default thereunder, shall be
entitled to control and direct the enforcement of all rights and remedies granted to the Owners under this
Bond Resolution. Any reorganization or liquidation plan with respect to the Issuer must be acceptable to
the Bond Insurer. In the event of any reorganization or liquidation, the Bond Insurer shall have the right
to vote on behalf of all Owners who hold the Bonds insured by the Bond Insurer absent a default by the
Bond Insurer under the applicable Bond Insurance Policy insuring such Bonds.
ARTICLE VII
DEFEASANCE
Section 701. Defeasance. When any or all of the Bonds, redemption premium, if any, or
scheduled interest payments thereon have been paid and discharged, then the requirements contained in
this Bond Resolution and the pledge of the Issuer's faith and credit hereunder and all other rights granted
hereby shall terminate with respect to the Bonds or scheduled interest payments thereon so paid and
discharged. Bonds, redemption premium, if any, or scheduled interest payments thereon shall be deemed
to have been paid and discharged within the meaning of this Bond Resolution if there has been deposited
with the Paying Agent, or other commercial bank or trust company located in the State and having full
trust powers, at or prior to the Stated Maturity or Redemption Date of said Bonds or the interest payments
thereon, in trust for and irrevocably appropriated thereto, moneys and/or Defeasance Obligations which,
together with the interest to be earned on any such Defeasance Obligations, will be sufficient for the
payment of the principal of or Redemption Price of said Bonds and/or interest accrued to the Stated
Maturity or Redemption Date, or if default in such payment has occurred on such date, then to the date of
the tender of such payments. If the amount to be so deposited is based on the Redemption Price of any
Bonds, no such satisfaction shall occur until (a) the Issuer has elected to redeem such Bonds, and (b)

either notice of such redemption has been given, or the Issuer has given irrevocable instructions, or shall
have provided for an escrow agent to give irrevocable instructions, to the Bond Registrar to give such
notice of redemption in compliance with Section 302(a) of this Bond Resolution. Any money and
Defeasance Obligations that at any time shall be deposited with the Paying Agent or other commercial
bank or trust company by or on behalf of the Issuer, for the purpose of paying and discharging any of the
Bonds, shall be and are hereby assigned, transferred and set over to the Paying Agent or other bank or
trust company in trust for the respective Owners of the Bonds, and such moneys shall be and are hereby
irrevocably appropriated to.the payment and discharge thereof. All money and Defeasance Obligations
deposited with the Paying Agent or such bank or trust company shall be deemed to be deposited in
accordance with and subject to all of the provisions of this Bond Resolution. The Issuer shall notify the
Bond Insurer of any defeasance under this Section.
Notwithstanding anything in this Bond Resolution to the contrary, in the event that the principal
and/or interest due on the Bonds shall be paid by the Bond Insurer pursuant to the Bond Insurance Policy,
the Bonds shall remain Outstanding for all purposes, not be defeased or otherwise satisfied and not be
considered paid by the Issuer and the covenants, agreements and other obligations of the Issuer to the
Owners shall continue to exist and shall run to the benefit of the Bond Insurer, and the Bond Insurer shall
be subrogated to the rights of such Owners.
The provisions of this Section shall not be operative unless the Issuer shall cause to be delivered:
(a) a report of an Independent Accountant acceptable to the Bond Insurer verifying the sufficiency of the
escrow established to pay the Bonds in full on the Stated Maturity or Redemption Date, (b) an escrow
agreement acceptable in form and substance to the Bond Insurer, and (c) an opinion of Bond Counsel to the
effect that the Bonds are no longer Outstanding under this Bond Resolution; each report and opinion shall be
acceptable in form and substance, and addressed, to the Issuer and the Bond Insurer. In the event of a
forward purchase agreement will be employed in the establishment of such escrow agreement, such
agreement shall be subject to the approval of the Bond Insurer and shall be accompanied by such opinions
of counsel as may be required by the Bond Insurer. The Bond Insurer shall be provided with final drafts of
the above-referenced documentation not less than 15 business days prior to the funding of the escrow.
ARTICLE VIII
TAX COVENANTS
Section 801. General Covenants.
(a) The Issuer covenants and agrees that (1) it will comply with all applicable provisions of
the Code, including Code 5 103 and 141 through 150, necessary to maintain the exclusion from gross
income for federal income tax purposes of the interest on the Bonds and (2) it will not use or permit the
use of any proceeds of Bonds or any other funds of the Issuer, and will not take or permit any other
action, or fail to take any action, if any such use, action or failure to take action would adversely affect the
exclusion from gross income of the interest on the Bonds. The Issuer will, in addition, adopt such other
ordinances or resolutions and take such other actions as may be necessary to comply with the Code and
with all other applicable future laws, regulations, published rulings and judicial decisions, in order to
ensure that the interest on the Bonds will remain excluded from federal gross income, to the extent any
such actions can be taken by the Issuer.
(b) The Issuer covenants and agrees that (1) it will use the proceeds of the Bonds as soon as
practicable and with all reasonable dispatch for the purposes for which the Bonds are issued, and (2) it
JLN\403552DOND RESOLUTION A (08-02-04)

23
will not invest or directly or indirectly use or permit the use of any proceeds of the Bonds or any other
funds of the Issuer in any manner, or take or omit to take any action, that would cause the Bonds to be
"arbitrage bonds" within the meaning of Code § 148(a).
(c) The Issuer covenants and agrees that it will not use any portion of the proceeds of the
Bonds, including any investment income earned on such proceeds, directly or indirectly, in a manner (1)
that would cause any Bond to be a "private activity bond" within the meaning of Code 141(a), or (2) to
make or finance a loan to any Person other than the State or a political subdivision thereof.
Section 802. Rebate Covenants. The Issuer covenants and agrees that it will pay or provide
for the payment from time to time all amounts required to be rebated to the United States pursuant to
Code 8 148(f) and the Arbitrage Instructions. This covenant shall survive payment in full or defeasance
of the Bonds. The Arbitrage Instructions may be amended or replaced if, in the opinion of Bond Counsel
such amendment or replacement will not adversely affect the exclusion from gross income for federal
income tax purposes of interest on the Bonds.
Section 803. Designation of Bonds as Qualified Tax-Exempt Obligations. The Issuer

hereby designates the Bonds as "qualified tax-exempt obligations" as such term is defined in Code
265(b)(3). In addition, the Issuer hereby represents that:
(a) the aggregate face amount of tax-exempt obligations (other than private activity bonds
which are.not "qualified 501(c)(3) bonds") which will be issued by the Issuer (and all subordinate entities
thereof) during calendar year that the Bonds are issued is not reasonably expected to exceed $10,000,000;
and
(b) the Issuer (including all subordinate entities thereof) will not issue an aggregate principal
amount of obligations designated by the Issuer to be "qualified tax-exempt obligations" during calendar
year that the Bonds are issued, including the Bonds, in excess of $10,000,000, without first obtaining an
opinion of Bond Counsel that the designation of the Bonds as "qualified tax-exempt obligations" will not
be adversely affected.
The Mayor is hereby authorized to take such other action as may be necessary to make effective
the designation contained in this Section.
Section 804. Survival of Covenants. The covenants contained in this Article shall remain in
full force and effect notwithstanding the defeasance of the Bonds pursuant to Article JTI hereof or any
other provision of this Bond Resolution until the final maturity date of all Bonds Outstanding.
ARTICLE IX
Section 901. Payment Procedure Pursuant to Bond Insurance Policy. As long as the Bond
Insurance Policy shall be in full force and effect, the Issuer and the Paying Agent agree to comply with
the following provisions:
(a) In the event that, on the second Business Day, and again on the Business Day, prior to the
Bond Payment Date, the Paying Agent has not received sufficient moneys to pay all principal of and
interest on the Bonds due on the second following or following, as the case may be, Business Day, the

Paying Agent shall immediately notify the Bond Insurer or its designee on the same Business Day by
telephone or telegraph, confirmed in writing by registered or certified mail, of the amount of the
deficiency.
(b) If the deficiency is made up in whole or in part prior to or on the Bond Payment Date, the
Paying Agent shall so notify the Bond Insurer or its designee.
(c) In addition, if the. Paying Agent has notice that any Owner has been required to disgorge
payments of principal or interest on the Bonds to a trustee in Banlauptcy or creditors or others pursuant to
a final judgment by a court of competent jurisdiction that such payment constitutes an avoidable
preference to such Owner within the meaning of any applicable bankruptcy laws, then the Paying Agent
shall notify the Bond Insurer or its designee of such fact by telephone or telegraphic notice, confmed in
writing by registered or certified mail.
(d) The Paying Agent is hereby irrevocably designated, appointed, directed and authorized to
act as attorney-in-fact for Owners of the Bonds as follows:
(1) If and to the extent there is a deficiency in amounts required to pay interest on the
Bonds, the Paying Agent shall (i) execute and deliver to the Insurance Paying Agent, in form
satisfactory to the Insurance Paying Agent, an instrument appointing the Bond Insurer as agent
for such Owners in any legal proceedings related to the payment of such interest and an
assignment to the Bond Insurer of the claims for interest to which such deficiency relates and
which are paid by the Bond Insurer, (ii) receive as designee of the respective Owners (and not as
Paying Agent) in accordance with the terms of the Bond Insurance Policy payment from the
Insurance Paying Agent with respect to the claims for interest so assigned, and (iii) disburse the
same to such respective Owners; and
(2) If and to the extent of a deficiency in amounts required to pay principal of the
Bonds, the Paying Agent shall (i) execute and deliver to the Insurance Paying Agent in form
satisfactory to the Insurance Paying Agent an instrument appointing the Bond Insurer as agent for
such Owner in any legal proceeding relating to the payment of such principal and an assignment
to the Bond Insurer of any of the Bond surrendered to the Insurance Paying Agent of so much of
the principal amount thereof as has not previously been paid or for which moneys are not held by
the Paying Agent and available for such payment (but such assignment shall be delivered only if
payment from the Insurance Paying Agent is received), (ii) receive as designee of the respective
Owners (and not as Paying Agent) in accordance with the terms of the Bond Insurance Policy
payment therefor from the Insurance Paying Agent, and (iii) disburse the same to such Owners.
(e) Payments with respect to claims for interest on and principal of Bonds disbursed by the
Paying Agent from proceeds of the Bond Insurance Policy shall not be considered to discharge the
obligation of the Issuer with respect to such Bonds, and the Bond Insurer shall become the owner of such
unpaid Bond and claims for the interest in accordance with the tenor of the assignment made to it under
the provisions of this subsection or otherwise.
(f) Irrespective of whether any such assignment is executed and delivered, the Issuer and the
Paying Agent hereby agree for the benefit of the Bond Insurer that:
(1) They recognize that to the extent the Bond Insurer makes payments, directly or
indirectly (as by paying through the Paying Agent), on account of principal of or interest on the
Bonds, the Bond Insurer.wil1 be subrogated to the rights of such Owners to receive the amount of

such principal and interest from the Issuer, with interest thereon as provided and solely from the
sources stated in this Bond Resolution and the Bonds; and
(2) They will accordingly pay to the Bond Insurer the amount of such principal and
interest (including principal and interest recovered under subparagraph (ii) of the first paragraph
of the Bond Insurance Policy, which principal and interest shall be deemed past due and not to
have been paid), with interest thereon as provided in this Bond Resolution and the Bond, but only
hom the sources and in the manner provided herein for the payment of principal of and interest
on the Bonds to Owners, and will otherwise treat the Bond Insurer as the owner of such rights to
the amount of such principal and interest.
Section 902. Consent of Bond Insurer. Any provision of this Bond Resolution expressly
recognizing or granting rights in or to the Bond Insurer may not be amended in any manner which affects
the rights of the Bond Insurer hereunder without the prior written consent of the Bond Insurer.
The Bond Insurer's consent shall be required in addition to Owner consent, when required, for the
execution and delivery of any supplemental resolution, or any amendment, supplement or change to or
modification of other documents relating to the security for the Bonds; removal or substitution of the
Paying Agent; or approval of any action or document requiring approval of the Owners.
Section 903. Notices.
(a) While the Bond Insurance Policy is in effect, the Issuer shall furnish to the Bond Insurer:
(1) As soon as practicable after the filing thereof, a copy of any financial statement,
audit and/or annual report of the Issuer;
(2) A copy of any notice to be given to the Owners, including, without limitation,
notice of any redemption of or defeasance of Bonds, and any certificate rendered pursuant to this
Bond Resolution relating to the security for the Bonds; and
(3) Such additional information it may reasonably request.
(b) The Issuer shall notify the Bond Insurer of any failure of the Issuer to provide relevant
notices, certificates, etc.
(c) Notwithstanding any other provision of this Bond Resolution, the Issuer shall
immediately notify the Bond Insurer if at any time there are insufficient moneys to make any payments of
principal and/or interest as required and immediately upon the occurrence of any Event of Default
hereunder.
(d) Any notice that is required to be given to an Owner of the Bond or to the Paying Agent
pursuant to this Bond Resolution shall also be provided to the Bond Insurer. All notices required to be
given to the Bond Insurer under this Bond Resolution shall be in writing and shall be sent by registered or
certified mail addressed to the Notice Address.
Section 904. Indemnification. The Issuer agrees to reimburse the Bond Insurer immediately
and unconditionally upon demand, to the extent permitted by law, for all reasonable expenses, including
attorneys' fees and expenses, incurred by the Bond Insurer in connection with (a) the enforcement by the
Bond Insurer of the Issuer's obligations, or the preservation or defense of any rights of the Bond Insurer,
under this Bond Resolution and any other document executed in connection with the issuance of the

26
Bonds, and (b) any consent, amendment, waiver or other action with respect to this Bond Resolution or
any related document, whether or not granted or approved, together with interest on all such expenses
from and including the date incurred to the date of payment at Citibank's Prime Rate plus 3% or the
maximum interest rate permitted by law, whichever is less. In addition, the Bond Insurer reserves the
right to charge a fee in connection with its review of any such consent, amendment or waiver, whether or
not granted or approved.
Section 905. - Additional Provisions.
(a) The Issuer agrees not to use the Bond Insurer's name in any public documents, including,
without limitation, a press release or presentation, announcement or forum without the Bond Insurer's
prior consent. In any event that the Issuer is advised by legal counsel that it has a legal obligation to
disclose the Bond Insurer's name in any press release, public announcement or other public document, the
Issuer shall provide the Bond Insurer with at least three (3) business days' prior written notice of its intent
to use the Bond Insurer's name together with a copy of the proposed use of the Bond Insurer's name and
of any description of a transaction with the Bond Insurer and shall obtain the Bond Insurer's prior consent
as to the form and substance of the proposed use of the Bond Insurer's name and any such description.
(b) The Issuer shall not enter into any agreement nor shall it consent to or participate in any
arrangement pursuant to which Bonds are tendered or purchased for any purpose other than the
redemption and cancellation or legal defeasance of such Bonds without the prior written consent of the
Bond Insurer.
ARTICLE X
Section 1001. Disclosure Requirements. The Issuer hereby covenants with the Purchaser and
the Beneficial Owners to proTjide and disseminate such information as is required by the SEC Rule and as
further set forth in the Disclosure Instructions, which are incorporated herein by reference. Such
covenant shall be for the benefit of and enforceable by the Purchaser and the Beneficial Owners.
Section 1002. Failure to Comply with Continuing Disclosure Requirements. In the event
the Issuer fails to comply in a timely manner with its covenants contained in the preceding section, the
Purchaser and/or any Beneficial Owner may make demand for such compliance by written notice to the
Issuer. In the event the Issuer does not remedy such noncompliance within 10 days of receipt of such
written notice, the Purchaser or any Beneficial Owner may in its discretion, without notice or demand,
proceed to enforce compliance by a suit or suits in equity for the specific performance of such covenant or
agreement contained in the preceding section or for the enforcement of any other appropriate legal or
equitable remedy, as the Purchaser and/or any Beneficial Owner shall deem effectual to protect and
enforce any of the duties of the Issuer under such preceding section. The Purchaser or Beneficial Owner
shall provide a copy of any such demand or notice to the Bond Insurer.

ARTICLE XI
Section 1101. Annual Audit. Annually, promptly after the end of the Fiscal Year, the Issuer
will cause an audit to be made of the financial statements of the Issuer for the preceding Fiscal Year by an
Independent Accountant. -The audit report shall contain a statement regarding the Issuer's compliance
with the arbitrage rebate covenants contained in Section 802 hereof and the covenants regarding
continuing disclosure contained in Sectioiz 1001 hereof and the Continuing Disclosure Instructions.
Within 30 days after the completion of each such audit, a copy thereof shall be filed in the office of the
Clerk, and a duplicate copy of the audit shall be mailed to the Purchaser and to the Bond Insurer. Such
audit shall at all times during the usual business hours be open to the examination and inspection by any
taxpayer, any Owner of any of the Bonds, or by anyone acting for or on behalf of such taxpayer or Owner.
Upon payment of the reasonable cost of preparing and mailing the same, a copy of any annual audit will,
upon request, be sent to any Owner or prospective Owner. As soon as possible after the completion of the
annual audit, the governing body of the Issuer shall review such audit, and if the audit discloses that
proper provision has not been made for all of the requirements of this Bond Resolution, the Issuer shall
promptly cure such deficiency.
Section 1102. Amendments. The rights and duties of the Issuer and the Owners, and the terms
and provisions of the Bonds or of this Bond Resolution, may be amended or modified at any time in any
respect by resolution of the Issuer with the written consent of the Bond Insurer and the Owners of not less
than a majority in principal amount of the Bonds then Outstanding, such consent to be evidenced by an
instrument or instruments executed by the Bond Insurer and such Owners and duly acknowledged or
proved in the manner of a deed to be recorded, and such instrument or instruments shall be filed with the
Clerk, but no such modification or alteration shall:
(a) extend the maturity of any payment of principal or interest due upon any Bond;
@) effect a reduction in the amount which the Issuer is required to pay as principal of or
interest on any Bond;
(c) permit preference or priority of any Bond over any other Bond; or
(d) reduce the percentage in principal amount of Bonds required for the written consent to
any modification or alteration of the provisions of this Bond Resolution.
Any provision of the Bonds or of this Bond Resolution may, however, be amended or modified
by resolution duly adopted by the governing body of the Issuer at any time in any legal respect with the
written consent of the Bond Insurer and the Owners of all of the Bonds at the time Outstanding.
Without notice to or the consent of any Owners, the Issuer may amend or supplement this Bond
Resolution for the purpose of curing any formal defect, omission, inconsistency or ambiguity herein, to
grant to or confer upon the Owners any additional rights, remedies, powers or authority that may lawfully
be granted to or conferred upon the Owners, to more precisely identify the Improvements, to conform this
Bond Resolution to the Code or future applicable federal law concerning tax-exempt obligations, or in
connection with any other change therein which is not materially adverse to the interests of the Owners.
Copies of any amendments which are consented to by the Bond Insurer shall be provided to Standard &
Poor's.

Every amendment or modification of the provisions of the Bonds or of this Bond Resolution, to
which the written consent of the Bond Insurer and the Owners is given, as above provided, shall be
expressed in a resolution adopted by the governing body of the Issuer amending or supplementing the
provisions of this Bond Resolution and shall be deemed to be a part of this Bond Resolution. A certified
copy of every such amendatory or supplemental resolution, if any, and a certified copy of this Bond
Resolution shall always be kept on file in the office of the Clerk, shall be delivered to the Bond Insurer
and shall be made available for inspection by the Owner of any Bond or a prospective purchaser or owner
of any Bond authorized by this Bond Resolution, and upon payment of the reasonable cost of preparing
the same, a certified copy of any such amendatory or supplemental resolution or of this Bond Resolution
will be sent by the Clerk to any such Owner or prospective Owner.
Any and all modifications made in the manner hereinabove provided shall not become effective
until there has been filed with the Clerk a copy of the resolution of the Issuer hereinabove provided for,
duly certified, as well as proof of any required consent to such modification by the Bond Insurer and the
Owners of the Bonds then Outstanding. It shall not be necessary to note on any of the Outstanding Bonds
any reference to such amendment or modification.
The Issuer shall h i s h to the Paying Agent a copy of any amendment to the Bonds or this Bond
Resolution which affects the duties or obligations of the Paying Agent under this Bond Resolution.
Section 1103. Notices, Consents and Other Instruments by Owners. Any notice, consent,
request, direction, approval or other instrument to be signed and executed by the Owners may be in any
number of concurrent writings of similar tenor and may be signed or executed by such Owners in person
or by agent appointed in writing. Proof of the execution of any such instrument or of the writing
appointing any such agent and of the ownership of Bonds, if made in the following manner, shall be
sufficient for any of the purposes of this Bond Resolution, and shall be conclusive in favor of the Issuer
and the Paying Agent with regard to any action taken, suffered or omitted under any such instrument,
namely:
(a) The fact and date of the execution by any person of any such instrument may be proved
by a certificate of any officer in any jurisdiction who by law has power to take acknowledgments within
such jurisdiction that the person signing such instrument acknowledged before such officer the execution
thereof, or by affidavit of any witness to such execution.
(b) The fact of ownership of Bonds, the amount or amounts, numbers and other identification
of Bonds, and the date of holding the same shall be proved by the Bond Register.
In determining whether the Owners of the requisite principal amount of Bonds Outstanding have
given any request, demand, authorization, direction, notice, consent or waiver under this Bond
Resolution, Bonds owned by the Issuer shall be disregarded and deemed not to be Outstanding under this
Bond Resolution, except that, in determining whether the Owners shall be protected in relying upon any
such request, demand, authorization, direction, notice, consent or waiver, only Bonds which the Owners
know to be so owned shall be so disregarded. Notwithstanding the foregoing, Bonds so owned which
have been pledged in good faith shall not be disregarded as aforesaid if the pledgee establishes to the
satisfaction of the Owners the pledgee's right so to act with respect to such Bonds and that the pledgee is
not the Issuer.
Section 1104. Notices. Any notice, request, complaint, demand or other communication required
or desired to be given or filed under this Bond Resolution shall be in writing, given to the Notice
Representative at the Notice Address and shall be deemed duly given or filed if the same shall be: (a) duly

29
mailed by registered or certified mail, postage prepaid; or (b) communicated via fax, with electronic or
telephonic confirmation of receipt. Copies of such notices shall also be given to the Paying Agent and the
Bond Insurer. The Issuer, the Paying Agent, the Bond Insurer and the Purchaser may fiom time to time
designate, by notice given hereunder to the others of such parties, such other address to which subsequent
notices, certificates or other communications shall be sent.
All notices given by: (a) certified or registered mail as aforesaid shall be deemed duly given as of
the date they are so mailed; (b) fax as aforesaid shall be deemed duly given as of the date of confirmation of
receipt. If, because of the temporary or permanent suspension of regular mail service or for any other reason,
it is impossible or impractical to mail any notice in the manner herein provided, then such other form of
notice as shall be made with the approval of the Paying Agent shall constitute a sufficient notice.
Section 1105. Electronic Transactions. The issuance of the Bonds and the transactions related
thereto and described herein may be conducted and documents may be stored by electronic means.
Section 1106. Further Authority. The officers and officials of the Issuer, including the Mayor
and Clerk, are hereby authorized and directed to execute all documents and take such actions as they may
deem necessary or advisable in order to carry out and perform the purposes of this Bond Resolution and
to make ministerial alterations, changes or additions in the foregoing agreements, statements, instruments
and other documents herein approved, authorized and confirmed which they may approve, and the
execution or taking of such action shall be conclusive evidence of such necessity or advisability.
Section 1107. Severability If any section or other part of this Bond Resolution, whether large
or small, is for any reason held invalid, the invalidity thereof shall not affect the validity of the other
provisions of this Bond Resolution.
Section 1108. Governing Law. This Bond Resolution shall be governed exclusively by and
construed in accordance with the applicable laws of the State.
Section 1109. Effective Date. This Bond Resolution shall take effect and be in full force fiom
and after its adoption by the governing body of the Issuer.

I ADOPTED by the governing body of the Issuer on August 10,2004.
Mayor
CERTIFICATE
I hereby certify that the above and foregoing is a true and correct copy of the Bond Resolution of
the Issuer adopted by the governing body on August 10,2004 as the same appears of record in my office.

EXHIBITA
(FORM OF BONDS)
REGISTERED REGISTERED
NUMBER - $
Unless this certificate is presented by an authorized representative of The

Depository Trust Company, a New York Corporation (llDTC"), to the Issuer or its
agent for registration of transfer, exchange or payment, and any certificate issued is
registered in the name of Cede & Co. or in such other name as is requested by an
authorized representative of DTC (and any payment is made to Cede & Co. or to
such other entity as is requested by an authorized representative of DTC), ANY
TRANSFER, PLEDGE OR OTHER USE HEREOF FOR VALUE OR
OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the
registered owner hereof, Cede & Co., has an interest herein.
UNITED STATES OF AMERICA

STATE OF KANSAS
COUNTY OF HARVEY
CITY OF NEWTON
GENERAL OBLIGATION BOND
SERIES 2004-A
Interest Maturity Dated CUSIP:

Rate: Date: Date: September 1,2004
REGISTERED OWNER:
PRINCIPALAMOUNT:
KNOW ALL PERSONS BY THESE PRESENTS: That the City of Newton, in the County of
Harvey, State of Kansas (the "Issuer"), for value received, hereby acknowledges itself to be indebted and
promises to pay to the Registered Owner shown above, or registered assigns, but solely from the source
and in the manner herein specified, the Principal Amount shown above on the Maturity Date shown
above, unless called for redemption prior to said Maturity Date, and to pay interest thereon at the Interest
Rate per annum shown above (computed on the basis of a 360-day year of twelve 30-day months), fi-om
the Dated Date shown above, or fiom the most recent date to which interest has been paid or duly
provided for, payable semiannually on March 1 and September 1 of each year, commencing March 1,
2005 (the "Interest Payment Dates"), until the Principal Amount has been paid.
Method and Place of Payment. The principal or redemption price of this Bond shall be paid at
maturity or upon earlier redemption to the person in whose name this Bond is registered at the maturity or
redemption date thereof, upon presentation and surrender of this Bond at the principal office of the
Treasurer of the State of Kansas, Topeka, Kansas (the "Paying Agent" and "Bond Registrar"). The interest
payable on this Bond on any Interest Payment Date shall be paid to the person in whose name this Bond
is registered on the registration books maintained by the Bond Registrar at the close of business on the
Record Date(s) for such interest, which shall be the 15th day (whether or not a business day) of the
calendar month next preceding the Interest Payment Date. Such interest shall be payable (a) by check or
A- 1
draft mailed by the Paying Agent to the address of such Registered Owner shown on the Bond Register or
at such other address as is furnished to the Paying Agent in writing by such Registered Owner; or, (b) in
the case of an interest payment to any Owner of $500,000 or more in aggregate principal amount of
Bonds, by electronic transfer to such Owner upon written notice given to the Bond Registrar by such
Registered Owner, not less than 15 days prior to the Record Date for such interest, containing the
electronic transfer instructions including the bank, ABA routing number and account number to which
such Registered Owner wishes to have such transfer directed. The principal or redemption price of and
interest on the Bonds shall be payable in any coin or currency that, on the respective dates of payment
thereof, is legal tender for the payment of public and private debts. Interest not punctually paid will be
paid in the manner established in the within defined Bond Resolution.
Definitions. Capitalized terms used herein and not otherwise defined herein shall have the
meanings assigned to such terms in the hereinafter defined Bond Resolution.
ADDITIONAL PROVISIONS OF THIS BOND ARE CONTINUED ON THE REVERSE

HEREOF AND SHALL FOR ALL PURPOSES HAVE THE SAME EFFECT AS THOUGH
FULLY SET FORTH AT THIS PLACE.
Authentication. This Bond shall not be valid or become obligatory for any purpose or be
entitled to any security or benefit under the hereinafter defined Bond Resolution until the Certificate of
Authentication and Registration hereon shall have been lawfully executed by the Bond Registrar.
IT IS HEREBY DECLARED AND CERTIFIED that all acts, conditions, and things required
to be done and to exist precedent to and in the issuance of this Bond have been properly done and
performed and do exist in due and regular form and manner as required by the Constitution and laws of
the State of Kansas, and that the total indebtedness of the Issuer, including this series of bonds, does not
exceed any constitutional or statutory limitation.
IN WITNESS WHEREOF, the Issuer has caused this Bond to be executed by the manual or
facsimile signature of its Mayor and attested by the manual or facsimile signature of its Clerk, and its seal
to be affixed hereto or imprinted hereon.
(Facsimile Seal) By: (facsimile)

Mayor
ATTEST:
By: (facsimile)
Clerk

CERTIFICATE OF AUTHENTICATION AND REGISTRATION
This Bond is one of a series of General Obligation Bonds, Series 2004-A, of the City of Newton,
Kansas, described in the within-mentioned Bond Resolution.
Registration Date
Office of the State Treasurer,

Topeka, Kansas,
as Bond Registrar and Paying Agent
Registration Number: 0208-040-090104-427
(FORM OF REVERSE SIDE OF BOND)
ADDITIONAL PROVISIONS
Authorization of Bonds. This Bond is one of an authorized series of Bonds of the Issuer
designated "General Obligation Bonds, Series 2004-A," aggregating the principal amount of $5,323,000
(the "Bonds") issued for the purposes set forth in the Ordinance of the Issuer authorizing the issuance of
the Bonds and the Resolution of the Issuer prescribing the form and details of the Bonds (jointly the
"Bond Resolution"). The Bonds are issued by the authority of and in full compliance with the provisions,
restrictions and limitations of the Constitution and laws of the State of Kansas, including K.S.A. 12-6a01
et seq., K.S.A. 12-685 et seq., K.S.A. 12-1736 et seq., K.S.A. 13-1024a, as amended by Charter
Ordinance No. 35 of the City and K.S.A. 65-163d through 65-163~1,as amended, and all other provisions
of the laws of the State of Kansas applicable thereto.
General Obligations. The Bonds constitute general obligations of the Issuer payable as to both
principal and interest in part from special assessments levied upon the property benefited by the
construction of certain Improvements, (as said term is described in the Bond Resolution) and, if not so
paid, from ad valorem taxes which may be levied without limitation as to rate or amount upon all the
taxable tangible property, real and personal, within the territorial limits of the Issuer, the balance being
payable from ad valorem taxes which may be levied without limitation as to rate or amount upon all the
taxable tangible property, real and personal, within the territorial limits of the Issuer. The full faith, credit
and resources of the Issuer are hereby pledged for the payment of the principal of and interest on this
Bond and the issue of which it is a part as the same respectively become due.
Redemption Prior to Maturity. The Bonds are subject to redemption prior to maturity, as
follows:
Optional Redemption. At the option of the Issuer, Bonds maturing in the years 2015 and
thereafter, may be called for redemption and payment prior to maturity on September 1, 2014, or
thereafter, as a whole or in part (selection of maturities and the amount of Bonds of each maturity to be
redeemed to be determined by the Issuer in such equitable manner as it may determine) at any time at the

A-3
Redemption Price of 100% (expressed as a percentage of the principal amount), plus accrued interest
thereon to the date of redemption
Mandatory Redemption. Each of the Bonds maturing on September 1,2024 (the "Term Bonds")
shall also be subject to mandatory redemption and payment prior to maturity on September 1, 2020, and
on any September 1 thereafter, pursuant to the redemption schedule set forth in the Bond Resolution at the
thereon to the Redemption Date.
Redemption Denonziizations. Whenever the Bond Registrar is to select Bonds for the purpose of
redemption, it shall, in the case of Bonds in denominations greater than a minimum Authorized
Denomination, if less than all of the Bonds then Outstanding are to be called for redemption, treat each
minimum Authorized Denomination of face value of each such Bond as though it were a separate Bond in
the denomination of a minimum Authorized Denomination.
Notice of Redemption. Notice of redemption, unless waived, shall be given by the Issuer to the
Purchaser of the Bonds, to the Bond Insurer and to the Bond Registrar in accordance with the Bond
Resolution. The Issuer shall cause the Bond Registrar to notify each Registered Owner at the address
maintained on the Bond Register, such notice to be given by mailing an official notice of redemption by
first class mail at least 30 days prior to the redemption date. Notice of redemption having been given as
aforesaid, the Bonds or portions of Bonds to be redeemed shall, on the redemption date, become due and
payable at the redemption price therein specified, and from and after such date (unless the Issuer defaults
in the payment of the redemption price), such Bonds or portions of Bonds shall cease to bear interest.
Book-Entry System. The Bonds are being issued by means of a book-entry system with no
physical distribution of bond certificates to be made except as provided in the Bond Resolution. One
Bond certificate with respect to each date on which the Bonds are stated to mature or with respect to each
form of Bonds, registered in the nominee name of the Securities Depository, is being issued and required
to be deposited with the Securities Depository and immobilized in its custody. The book-entry system
will evidence positions held in the Bonds by the Securities Depository's participants, beneficial ownership
of the Bonds in authorized denominations being evidenced in the records of such participants. Transfers
of ownership shall be effected on the records of the Securities Depository and its participants pursuant to
rules and procedures established by the Securities Depository and its participants. The Issuer and the
Bond Registrar will recognize the Securities Depository nominee, while the Registered Owner of this
Bond, as the owner of this Bond for all purposes, including (i) payments of principal of, and redemption
premium, if any, and interest on, this Bond, (ii) notices and (iii) voting. Transfer of principal, interest and
any redemption premium payments to participants of the Securities Depository, and transfer of principal,
interest and any redemption premium payments to beneficial owners of the Bonds by participants of the
Securities Depository will be the responsibility of such participants and other nominees of such beneficial
owners. The Issuer and the Bond Registrar will not be responsible or liable for such transfers of
payments or for maintaining, supervising or reviewing the records maintained by the Securities
Depository, the Securities Depository nominee, its participants or persons acting through such
participants. While the Securities Depository nominee is the owner of this Bond, notwithstanding the
provision hereinabove contained, payments of principal of, redemption premium, if any, and interest on
this Bond shall be made in accordance with existing arrangements among the Issuer, the Bond Registrar
and the Securities Depository.
Transfer and Exchange. EXCEPT AS OTHERWISE PROVIDED IN THE BOND

RESOLUTION, THIS GLOBAL BOND MAY BE TRANSFERRED, IN WHOLE BUT NOT IN
PART, ONLY TO ANOTHER NOMINEE OF THE SECURITIES DEPOSITORY OR TO A
SUCCESSOR SECURITIES DEPOSITORY OR TO A NOMINEE OF A SUCCESSOR
SECURITIES DEPOSITORY. This Bond may be transferred or exchanged, as provided in the Bond
JLNM03552DOND RESOLUTION A (08-02-04)
A-4
Resolution, only on the Bond Register kept for that purpose at the principal office of the Bond Registrar,
upon surrender of this Bond, together with a written instrument of transfer or authorization for exchange
satisfactory to the Bond Registrar duly executed by the Registered Owner or the Registered Owner's duly
authorized agent, and thereupon a new Bond or Bonds in any authorized denomination of the same
maturity and in the same aggregate principal amount shall be issued to the transferee in exchange therefor
as provided in the Bond Resolution and upon payment of the charges therein prescribed. The Issuer shall
pay all costs incurred in connection with the issuance, payment and initial registration of the Bonds and
the cost of a reasonable supply of bond blanks. The Issuer and the Paying Agent may deem and treat the
person in whose name this Bond is registered on the Bond Register as the absolute owner hereof for the
purpose of receiving payment of, or on account of, the principal or redemption price hereof and interest
due hereon and for all other purposes. The Bonds are issued in fully registered form in Authorized
Denominations.
LEGAL OPINION
The following is a true and correct copy of the approving legal opinion of Gilmore & Bell, P.C.,
Bond Counsel, which was dated and issued as of the date of original issuance and delivery of such Bonds:

Attorneys at Law
(PRINTED LEGAL OPINION)
STATEMENT OF INSURANCE
MBIA Insurance Corporation (the "Insurer") has issued a policy containing the following
provisions, such policy being on file at the office of the Treasurer of the State of Kansas, Topeka, Kansas.
The Insurer, in consideration of the payment of the premium and subject to the terms of this
policy, hereby unconditionally and irrevocably guarantees to any owner, as hereinafter defined, of the
following described obligations, the full and complete payment required to be made by or on behalf of the
Issuer to the Treasurer of the State of Kansas or its successor (the "Paying Agent") of an amount equal to
(i) the principal of (either at the stated maturity or by any advancement of maturity pursuant to a
mandatory sinking fund payment) and interest on, the Obligations (as that term is defined below) as such
payments shall become due but shall not be so paid (except that in the event of any acceleration of the due
date of such principal by reason of mandatory or optional redemption or acceleration resulting fi-om
default or otherwise, other than any advancement of maturity pursuant to a mandatory sinking fund
payment, the payments guaranteed hereby shall be made in such amounts and at such times as such
payments of principal would have been due had there not been any such acceleration); and (ii) the
reimbursement of any such payment which is subsequently recovered fi-om any owner pursuant to a final
judgment by a court of competent jurisdiction that such payment constitutes an avoidable preference to
such owner within the meaning of any applicable bankruptcy law. The amounts referred to in clauses (i)
and (ii) of the preceding sentence shall be referred to herein collectively as the "Insured Amounts."
"Obligations" shall mean:
$5,323,000
SERIES 2004-A
Upon receipt of telephonic or telegraphic notice, such notice subsequently confirmed in writing
by registered or certified mail, or upon receipt of written notice by registered or certified mail, by the
Insurer fiom the Paying Agent or any owner of an Obligation the payment of an Insured Amount for
which is then due, that such required payment has not been made, the Insurer on the due date of such
payment or within one business day after receipt of notice of such nonpayment, whichever is later, will
make a deposit of funds, in an account with U.S. Bank Trust National Association, in New York, New
York, or its successor, sufficient for the payment of any such Insured Amounts which are then due. Upon
presentment and surrender of such Obligations or presentment of such other proof of ownership of the
Obligations, together with any appropriate instruments of assignment to evidence the assignment of the
Insured Amounts due on the Obligations as are paid by the Insurer, and appropriate instruments to effect
the appointment of the Insurer as agent for such owners of the Obligations in any legal proceeding related
to payment of Insured Amounts on the Obligations, such instruments being in a form satisfactory to U.S.
Bank Trust National Association, U.S. Bank Trust National Association shall disburse to such owners or
the Paying Agent payment of the Insured Amounts due on such Obligations, less any amount held by the
Paying Agent for the payment of such Insured Amounts and legally available therefor. This policy does
not insure against loss of any prepayment premium which may at any time be payable with respect to any
Obligation.
As used herein, the term "owner" shall mean the registered owner of any Obligation as indicated
in the books maintained by the Paying Agent, the Issuer, or any designee of the Issuer for such purpose.
The term owner shall not include the Issuer or any party whose agreement with the Issuer constitutes the
underlying security for the Obligations.
Any service of process on the Insurer may be made to the Insurer at its offices located at 113
King Street, Armonk, New York 10504 and such service of process shall be valid and binding.
This policy is non-cancellable for any reason. The premium on this policy is not refundable for
any reason including the payment prior to maturity of the Obligations.
BOND ASSIGNMENT
FOR VALUE RECEIVED, the undersigned do(es) hereby sell, assign and transfer to
(Name and Address)
(Social Security or Taxpayer Identification No.)
the Bond to which this assignment is affixed in the outstanding principal amount of $ ,
standing in the name of the undersigned on the books of the Bond Registrar. The undersigned do(es)
JLN403552\BOND RESOLUTION A (08-02-04)

hereby irrevocably constitute and appoint as agent to transfer said Bond on the
books of said Bond Registrar with 111power of substitution in the premises.
Dated
Name
Social Security or
Taxpayer Identification No.
Signature (Sign here exactly as name(s)

appear on the face of Certificate)
Signature guarantee:
CERTIFICATE OF CLERK
STATE OF KANSAS 1
) ss.
COUNTY OF HARVEY 1
The undersigned, Clerk of the City of Newton, Kansas, does hereby certify that the within Bond
has been duly registered in my office according to law as of September 1,2004.
WITNESS my hand and official seal.

Clerk
CERTIFICATE OF STATE TREASURER
OFFICE OF THE TREASURER, STATE OF KANSAS
LYNN JENKINS, Treasurer of the State of Kansas, does hereby certify that a transcript of the
proceedings leading up to the issuance of this Bond has been filed in the office of the State Treasurer, and
that this Bond was registered in such office according to law on

Treasurer of the State of Kansas

08/02/2004
ADOPTED
AUGUST 10,2004
$515,000
TAXABLE GENERAL OBLIGATION REFUNDING BONDS
SERIES 2004-B
JLM403552.01DOND RESOLUTION B (08-02-04)

TABLE OF CONTENTS
ARTICLE I
DEFINITIONS
Section 101 . Definitions of Words and Terms...................................................................................1
ARTICLE I1
Section 201 . Authorization of the Bonds...........................................................................................

9
Section 202 . Description of the Bonds...............................................................................................
9
Section 203 . Designation of Paying Agent and Bond Registrar.........................................................9
Section 204 . Method and Place of Payment of the Bonds ................................................................10
Section 205 . Payments Due on Saturdays, Sundays and Holidays..................................................10
Section 206. Registration, Transfer and Exchange of Bonds...........................................................10
Section 207 . Execution. Registration. Authentication and Delivery of Bonds................................11
Section 208. Mutilated. Lost. Stolen or Destroyed Bonds...............................................................12
Section 209 . Cancellation and Destruction of Bonds Upon Payment..............................................13
Section 210. Book-Entry Bonds; Securities Depository.................................................................. 13
Section 211 . Nonpresentment of Bonds...........................................................................................14
Section 212. Preliminary and Final Official Statement....................................................................14
Section 213 . Sale of the Bonds - Bond Purchase Agreement...........................................................14
ARTICLE III
REDEMPTION OF BONDS
Section 301 . Redemption by Issuer..................................................................................................15

Section 302 . Selection of Bonds to be Redeemed............................................................................ 16
Section 303 . Notice and Effect of Call for Redemption................................................................... 17
ARTICLE IV
SECURITY FOR BONDS
Section 401. Security for the Bonds.................................................................................................

18
Section 402 . Levy and Collection of Annual Tax............................................................................19
ARTICLE V
ESTABLISHMENT OF FUNDS AND ACCOUNTS DEPOSIT AND APPLICATION OF BOND

PROCEEDS
Section 501 . Creation of Funds and Accounts................................................................................. 19

Section 502 . Deposit of Bond Proceeds...........................................................................................
19
Section 503 . Application of Moneys in the Redemption Fund ........................................................19
JLN\403552.01\BOND RESOLUTION B (08-02-04)

Section 504 . Application of Moneys in Debt Service Account........................................................20
Section 505 . Deposits and Investment of Moneys...........................................................................20
ARTICLE VI
Section 601 . Remedies....................................................................................................................

-20
Section 602 . Limitation on Rights of Owners.................................................................................. 21
Section 603 . Remedies Cumulative.................................................................................................. 21
Section 604 . Control of Remedies Upon an Event of Default and Event of Insolvency..................21
ARTICLE VII
DEFEASANCE
Section 701 . Defeasance..................................................................................................................

-22
ARTICLE VIII
Section 801 . Payment Procedure Pursuant to Bond Insurance Policy.............................................23

Section 802 . Consent of Bond Insurer.............................................................................................. 24
Section 803 . Notices .........................................................................................................................
24
Section 804 . Indemnification.......................................................................................................... -25
Section 805 . Additional Provisions..................................................................................................25
ARTICLE IX
CONTINUING DISCLOSURE REQULREMENTS
Section 901 . Disclosure Requirements.............................................................................................

25
Section 902 . Failure to Comply with Continuing Disclosure Requirements...................................25
ARTICLE X
Section 1001 . Annual Audit.............................................................................................................. -26

Section 1002 . Amendments............................................................................................................... -26
Section 1003 . Notices. Consents and Other Instruments by Owners.................................................27
Section 1004 . Notices........................................................................................................................
-28
Section 1005 . Electronic Transactions............................................................................................... 28
Section 1006 . Further Authority......................................................................................................... 28
Section 1007 . Severability.................................................................................................................-28
Section 1008 . Governing Law........................................................................................................... -28
Section 1009 . Effective Date.............................................................................................................. 28
EXHBITA -FORM OF BONDS ..............................................................................................................

A.1

A RESOLUTION AUTHORIZING AND PROVIDING FOR THE SALE,

ISSUANCE AND DELIVERY OF $515,000 PRINCIPAL AMOUNT OF TAXABLE
GENERAL OBLIGATION REFUNDING BONDS, SERZES 2004-B, OF THE CITY
OF NEWTON, KANSAS, FOR THE PURPOSE OF PROVIDING FUNDS TO
REFUND A PORTION OF THE ISSUER'S OUTSTANDING GENERAL
OBLIGATION BONDS; PROVIDING FOR THE LEVY AND COLLECTION OF
AN ANNUAL TAX FOR THE PURPOSE OF PAYING THE PRINCIPAL OF AND
INTEREST ON SAID BONDS AS THEY BECOME DUE; MAKING CERTAIN
COVENANTS AND AGREEMENTS TO PROVIDE FOR THE PAYMENT AND
SECURITY THEREOF AND AUTHORIZING CERTAIN OTHER DOCUMENTS
AND ACTIONS CONNECTED THEREWITH
WHEREAS, the Issuer has heretofore adopted the Ordinance authorizing the issuance of the
Bonds; and
the Bonds
NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY

ARTICLE I
DEFINITIONS
shall include the plural and vice versa, and words importing persons shall include f m , associations and
inclusive, K.S.A. 10-427 et seq., K.S.A. 10-620 et seq., as amended and supplemented from time to time.
"Beneficial Owner" of the Bonds includes any Owner of the Bonds and any other Person who,
"Bond and Interest Fund" means the Bond and Interest Fund of the Issuer for its general
obligation bonds.
"Bond Counself1means the firm of Gilmore & Bell, P.C., or any other attorney or firm of
attorneys whose expertise in matters relating to the issuance of obligations by states and their political

1
"Bond Insurance Policy" means the financial guaranty insurance policy issued by the Bond
Insurer on the date of delivery of and payment for the Bonds guaranteeing the scheduled payment when
due of the principal of and interest on the Bonds as provided therein.
"Bond Purchase Agreement" means the Bond Purchase Agreement between the Issuer and the
Purchaser relating to the Bonds.
"Bond Registrar1'means the State Treasurer, and any successors and assigns.
"Bonds" means the Taxable General Obligation Refunding Bonds, Series 2004-B, authorized
and issued by the Issuer pursuant to the Ordinance and this Bond Resolution.
"Cede & Co.lvmeans Cede & Co., as nominee of DTC and any successor nominee of DTC.
"Code" means the Internal Revenue Code of 1986, as amended, and the applicable regulations
promulgated thereunder by the United States Department of the Treasury.
"Consulting Engineer" means an independent engineer or engineering fm, or architect or

architectural firm, having a favorable reputation for skill and experience in the construction, financing and
operation of public facilities, at the time employed by the Issuer for the purpose of carrying out the duties
imposed on the Consulting Engineer by this Bond Resolution.
"Dated Datevvmeans September 1,2004.
"Debt Service Account" means the Debt Service Account for Taxable General Obligation
Refunding Bonds, Series 2004-B (within the Bond and Interest Fund) created pursuant to Section 501
hereof.
"Debt Service Requirementsfvmeans the aggregate principal payments (whether at maturity or

pursuant to scheduled mandatory sinking fund redemption requirements) and interest payments on the
Bonds for the period of time for which calculated; provided, however, that for purposes of calculating
JLN\403552.01\BONDRESOLUTION B (08-02-04)
2
Requirements to the extent that such principal or interest is payable fi-om amounts deposited in trust,
!'DefaultedInterest" means interest on any Bond which is payable but not paid on any Interest
Payment Date.
(a) United States Government Obligations that are not subject to redemption in advance of
their maturity dates; or
(b) evidences of ownership of proportionate interests in future interest and principal

payments on United States Government Obligations held by a bank or trust company as custodian, under
which the owner of the investment is the real party in interest and has the right to proceed directly and
individually against the obligor and the underlying United States Government Obligations are not
available to any person claiming through the custodian or to whom the custodian may be obligated;
(b) obligations of any state or political subdivision of any state, the interest on which is
excluded from gross income for federal income tax purposes and which meet the following conditions:
(1) the obligations are (i) not subject to redemption prior to maturity or (ii) the
trustee for such obligations has been given irrevocable instructions concerning their calling and
redemption and the issuer of such obligations has covenanted not to redeem such obligations
other than as set forth in such instructions;
(2) the obligations are secured by cash or United States Government Obligations that
may be applied only to principal of, premium, if any, and interest payments on such obligations;
(3) such cash and the principal of and interest on such United States Government
Obligations (plus any cash in the escrow fund) are sufficient to meet the liabilities of the
obligations; . -
(4) such cash and United States Government Obligations serving as security for the
obligations are held in an escrow fund by an escrow agent or a trustee irrevocably in trust;
(5) such cash and United .States Government Obligations are not available to satisfy
any other claims, including those against the trustee or escrow agent; and
(6) the obligations are rated in the highest rating category by Moody's (presently
"Aaa") or Standard & Poor's (presently "AAA").
'lDerivativel' means any investment instrument whose market price is derived from the
"Disclosure Instructions" means the Continuing Disclosure Instructions dated as of the Issue
Date, attached to the Issuer's Closing Certificate, relating to certain obligations contained in the SEC
Rule.

3
I1DTCRepresentation Letter" means the Blanket Letter of Representation fi-om the Issuer and the
Paying Agent to DTC which provides for a book-entry system, or any agreement between the Issuer and
Paying Agent and a successor securities depository duly appointed.
(a) Payment of the principal and of the redemption premium, if any, of any of the Bonds
(b) Payment of any installment of interest on any of the Bonds shall not be made when the
same shall become due;
covenants, conditions, agreements and provisions contained in the Bonds or in this Bond Resolution
(other than the covenants relating to continuing disclosure requirements contained herein and in the
Disclosure Instructions) on the part of the Issuer to be performed, and such default shall continue for thirty
(30) days after written notice specifying such default and requiring same to be remedied shall have been
given to the Issuer by the Owner of any of the Bonds then Outstanding; or
(d) A final decree of bankruptcy shall have been entered against the Issuer by a United States
Bankruptcy Court of competent jurisdiction.
"Funds and Accounts" means funds and accounts created pursuant to or referred to in
Section 501 hereof.
Yndependent Accountant" means an independent certified public accountant or firm of

out the duties imposed on the Independent Accountant by this Bond Resolution.
"Insurance Paying Agent" means U.S. Bank Trust National Association, New York, New York,
or its successors under the Bond Insurance Policy, as insurance paying agent.
"Interest Payment Date(s)I1means the Stated Maturity of an installment of interest on any Bond
which shall be March 1 and September 1 of each year, commencing March 1,2005.
the Purchase Price.
Bond becomes due and payable as therein and herein provided, whether at the Stated Maturity thereof or

appointed andlor elected Vice Mayor or Acting Mayor of the Issuer.
l ' M ~ ~ d ymeans
' ~ " Moody's Investors Service, a corporation organized and existing under the laws
of the State of Delaware, and its successors and assigns, and, if such corporation shall be dissolved or
liquidated or shall no longer perform the functions of a securities rating agency, "Moody's" shall be deemed
to refer to any other nationally recognized securities rating agency designated by the Issuer with notice to
the Bond Insurer.
"Notice Address" means with respect to the following entities:
(a) To the Issuer at:
City Hall
201 E. 6th
P.O. Box 426
(b) To the Paying Agent at:

900 Southwest Jackson, Suite 201
(c) To the Purchaser:

100 N. Main, Suite 810
(d) To the Rating Agency(ies):

99 Church Street
Standard & Poor's, a division of

The McGraw-Hill Companies
55 Water Street, 38th Floor
(e) To the Bond Insurer:

113 King Street

5
"NoticeRepresentative"means:
(a) With respect to the Issuer, the Clerk.
(b) With respect to the Bond Registrar anti Paying Agent, the Municipal Bond Cle~
(c) With respect to any Purchaser, the manager of its Municipal Bond Department.
(ej With respect to the Bond Insurer, any Vice President, with a copy to its General Counsel
and Attn: Insured Portfolio Management-Surveillance.
as amended from time to time.
(a) Bonds theretofore canceled by the Paying Agent or delivered to the Paying Agent for
cancellation;
(b) Bonds deemed to be paid in accordance with the provisions of Section 701 hereof;
(cj Bonds in exchange for or in lieu of which other Bonds have been authenticated and
delivered hereunder; and
"Owner" when used with respect to any Bond means the Person in whose name such Bond is
"Participants" means those financial institutions for whom the Securities Depository effects
book-entry transfers and pledges of securities deposited with the Securities Depository, as such listing of
Participants exists at the time of such reference.
"PermittedInvestments" shall mean the investments hereinafter described, provided, however,

no moneys or h d s shall be invested in a Derivative: (a) investments authorized by K.S.A. 12-1675 and
amendments thereto; (c) direct obligations of the United States Government or any agency thereof; (d)
Intentionally Omitted; (e) interest-bearing time deposits in commercial banks or trust companies located
in the county or counties in which the Issuer is located which are insured by the Federal Deposit
Insurance Corporation or collateralized by securities described in (c); ( f ) obligations of the federal
national mortgage association, federal home loan banks or the federal home loan mortgage corporation;
(g) repurchase agreements for securities described in (c) or (f); (h) investment agreements or other
obligations of a financial institution the obligations of which at the time of investment are rated in either
JLM403552.01'BOND RESOLUTION B (08-02-04)

6
of the three highest rating categories by Moody's or Standard & Poor's; (i) investments and shares or units
of a money market fund or trust, the portfolio of which is comprised entirely of securities described in (c)
or (0; Cj) receipts evidencing ownership interests in securities or portions thereof described in (c) or (0;
(k) municipal bonds or other obligations issued by any municipality of the State as defined in K.S.A. 10-
1101 which are general obligations of the municipality issuing the same; (1) bonds of any municipality of
the State as defined in K.S.A. 10-1101 which have been refunded in advance of their maturity and are
fully secured as to payment of principal and interest thereon by deposit in trust, under escrow agreement
with a bank, of securities described in (c) or (f); or (m) other investment obligations authorized by the
laws of the State and approved in writing by the Bond Insurer, all as may be further restricted or modified
by amendments to applicable State law.
"Person1'means any natural person, corporation, partnership, joint venture, association, firm,
"Purchase Price" means the amount set forth in the Bond Purchase Agreement.
"Purchaser"means George K. Baum & Company, Wichita, Kansas, the original purchaser of the
"Rating Agency" means any company, agency or entity that provides financial ratings for the
Bonds.
"Record Dates" for the interest payable on any Interest Payment Date means the fifteenth day
(whether or not a Business Day) of the calendar month next preceding such Interest Payment Date.
llRedemptionDate'' when used with respect to any Bond to be redeemed means the date fixed
for the redemption of such Bond pursuant to the terms of this Bond Resolution.
"Redemption Fund" means the Redemption Fund for Refunded Bonds referred to in
Section 501 hereof.
which such Bond is to be redeemed pursuant to the terms of this Bond Resolution, including the
applicable redemption premium, if any, but excluding installments of interest whose Stated Maturity is on
"Refunded Bonds'' means Series 2001-B Bonds maturing in the years 2005 to 2011, inclusive,
in the aggregate principal amount of $515,000.
"Refunded Bonds Paying Agent" means the paying agent for the Refunded Bonds as designated
in the Refunded Bonds Resolution, and any successor or successors at the time acting as paying agent of
the Refunded Bonds.
"Refunded Bonds Resolution" means the ordinance and the resolution which authorized the
Refunded Bonds.
"Replacement Bonds" means Bonds issued to the Beneficial Owners of the Bonds in
accordance with Sectioit 210 hereof.

"SEC Rule" means Rule 15c2-12 adopted by the Securities and Exchange Commission under
the Securities Exchange Act of 1934, as may be amended from time to time.
"Securities Depository'' means, initially, DTC, and its successors and assigns.
"Series 2001-B Bonds" means the Issuer's Taxable General Obligation Bonds, Series 2001-B,
dated August 15,2001.
"Special Record Date" means the date fixed by the Paying Agent pursuant to Section 204 hereof
"Standard & Poor's'' means Standard & Poor's Ratings Services, a Division of the McGraw-
Hill Companies, Inc., a corporation organized and existing under the laws of the State of New York, and its
the functions of a securities rating agency, Standard & Poor's shall be deemed to refer to any other
nationally recognized securities rating agency designated by the Issuer with notice to the Bond Insurer.
"Stated Maturity" when used with respect to any Bond or any installment of interest thereon
"Treasurer"means the duly appointed andlor elected Treasurer or, in the Treasurer's absence, the

interest on which are fully and unconditionally guaranteed as to full and timely payment by, the United
States of America, including evidences of a direct ownership interest in future interest or principal
payment on obligations issued by the United States of America (including the interest component of
rating service and such obligations are held in a custodial account for the benefit of the Issuer.
JLM403552.01\BONDRESOLUTION B (08-02-04)
ARTICLE I1
directed to be issued pursuant to the Ordinance in the principal amount of $515,000, for the purpose of
providing funds to refund the Refunded Bonds.
Section 202. Description of the Bonds. The Bonds shall consist of fully registered bonds in
an Authorized Denomination, and shall be numbered in such manner as the Bond Registrar shall
determine. All of the Bonds shall be dated as of the Dated Date, shall become due in the amounts, on the
Stated Maturities, subject to redemption and payment prior to their Stated Maturities as provided in
Article 1
11hereof, and shall bear interest at the rates per annum as follows:
TERM BONDS
Stated Maturity Principal Annual Rate

September 1 Amount of Interest
2014 $ 180,000 5.25%
2024 335,000 6.00
hereof.
Each of the Bonds, as originally issued or issued upon transfer, exchange or substitution, shall be
printed in accordance with the format required by the Attorney General of the State and shall be
substantially in the form attached hereto as EXHIBIT A or as may be required by the Attorney General
Section 203. Designation of Paying Agent and Bond Registrar. The State Treasurer is
hereby designated as the Paying Agent for the payment of principal of and interest on the Bonds and Bond
to appoint a successor Paying Agent or Bond Registrar, and shall appoint a successor Paying Agent at the
request of the Bond Insurer, by (a) filing with the Paying Agent or Bond Registrar then performing such
function a certified copy of the proceedings giving notice of the termination of such Paying Agent or
Bond Registrar and appointing a successor, and (b) causing notice of appointment of the successor Paying
Agent and Bond Registrar to be given by first class mail to each Owner. No resignation or removal of the
Paying Agent or Bond Registrar shall become effective until a successor acceptable to the Bond Insurer
has been appointed and has accepted the duties of Paying Agent or Bond Registrar. Each successor
Paying Agent shall be approved in writing by the Bond Insurer before the appointment of such successor
Paying Agent shall become effective.

Every Paying Agent or Bond Registrar appointed hereunder shall at all times meet the
The principal or Redemption Price of each Bond shall be paid at Maturity to the Person in whose
name such Bond is registered on the Bond Register at the Maturity thereof, upon presentation and
or at such other address as is furnished to the Paying Agent in writing by such Owner; or (b) in the case of
than 15 days prior to the Record Date for such interest, containing the electronic transfer instructions
including the bank ABA routing number and account number to which such Owner wishes to have such
transfer directed.
Notwithstanding the foregoing provisions of this Section, any Defaulted Interest with respect to
payable to the Owner in whose name such Bond is registered at the close of business on the Special
Record Date for the payment of such Defaulted Interest, which Special Record Date shall be fixed as
hereinafter specified in this paragraph. The Issuer shall notify the Paying Agent in writing of the amount
of Defaulted Interest proposed to be paid on each Bond and the date of the proposed payment (which date
shall be at least 30 days after receipt of such notice by the Paying Agent) and shall deposit with the
Record Date.
interest on all Bonds and at least annually shall forward a copy or summary of such records to the Issuer.
Section 205. Payments Due on Saturdays, Sundays and Holidays. In any case where a
Bond Payment Date is not a Business Day, then payment of principal, Redemption Price or interest need
not be made on such Bond Payment Date but may be made on the next succeeding Business Day with the
same force and effect as if made on such Bond Payment Date, and no interest shall accrue for the period
after such Bond Payment Date.
long as any of the Bonds remain Outstanding, it will cause the Bond Register to be kept at the office of
RESOLUTION B (08-02-04)
JLN\403552.01\BOND
10
Owner thereof on the Bond Register.
transfer or exchange such Bond for a new Bond or Bonds in any authorized denomination of the same
exchange.
Bonds presented for transfer or exchange shall be accompanied by a written instrument or

agent.
The Issuer shall pay the fees and expenses of the Bond Registrar for the registration, transfer and
result of such failure. In compliance with Code § 3406, such amount may be deducted by the Paying
Agent from amounts otherwise payable to such Owner hereunder or under the Bonds.
The Issuer and the Bond Registrar shall not be required (a) to register the transfer or exchange of
Paying Agent pursuant to Section 303 hereof and during the period of 15 days next preceding the date of
period beginning at the opening of business on the day after receiving written notice from the Issuer of its
notice to the contrary.
Register may be inspected and copied by the Bond Insurer or the Owners (or a designated representative
thereof) of 10% or more in principal amount of the Bonds then Outstanding or any designated
representative of such Owners whose authority is evidenced to the satisfaction of the Bond Registrar.
the manual or facsimile signature of the Clerk and the seal of the Issuer shall be affixed thereto or
imprinted thereon. The Mayor and Clerk are hereby authorized and directed to prepare and execute the

11
Bonds in the manner herein specified, and to cause the Bonds to be registered in the office of the Clerk,
which registration shall be evidenced by the manual or facsimile signature of the Clerk with the seal of
Treasurer with the seal of the State Treasurer affixed thereto or imprinted thereon. In case any officer
attached hereto as EXHIBIT A hereof, which shall be manually executed by an authorized officer or
purpose unless and until such certificate of authentication has been duly executed by the Bond Registrar.
destruction, loss or theft of any Bond, and (b) there is delivered to the Issuer and the Bond Registrar such
of any such mutilated, destroyed, lost or stolen Bond, a new Bond of the same Stated Maturity and of like
Upon the issuance of any new Bond under this Section, the Issuer and the Paying Agent may
require the payment by the Owner of a sum sufficient to cover any tax or other governmental charge that
may be imposed in relation thereto and any other expenses (including the fees and expenses of the Paying
Agent) connected therewith.
ratably with all other Outstanding Bonds.

12
Section 209. Cancellation and Destruction of Bonds Upon Payment. All Bonds that have
Bonds so cancelled and destroyed and shall file an executed counterpart of such certificate with the Issuer.
Section 210. Book-Entry Bonds; Securities Depository. The Issuer and Paying Agent have
entered into a DTC Representation Letter with DTC. The Bonds shall initially be registered to Cede &
Co., the nominee for the Securities Depository, and no Beneficial Owner will receive certificates
representing their respective interests in the Bonds, except in the event the Bond Registrar issues
Replacement Bonds as provided in this Section. It is anticipated that during the term of the Bonds, the
Securities Depository will make book-entry transfers among its Participants and receive and transmit
payment of principal of, premium, if any, and interest on, the Bonds to the Participants until and unless
the Bond Registrar authenticates and delivers Replacement Bonds to the Beneficial Owners as described
in the following paragraph.
The Issuer may decide, subject to the requirements of the Operational Arrangements of DTC (or a
successor Securities Depository), and the following provisions of this section to discontinue use of the
system of book-entry transfers through DTC (or a successor Securities Depository):
(a) If the Issuer determines (1) that the Securities Depository is unable to properly discharge
its responsibilities, or (2) that the Securities Depository is no longer qualified to act as a securities
depository and registered clearing agency under the Securities and Exchange Act of 1934, as amended, or
(3) that the continuation of a book-entry system to the exclusion of any Bonds being issued to any Owner
other than Cede & Co. is no longer in the best interests of the Beneficial Owners of the Bonds; or
(b) if the Bond Registrar receives written notice from Participants having interests in not less
than 50% of the Bonds Outstanding, as shown on the records of the Securities Depository (and certified to
such effect by the Securities Depository), that the continuation of a book-entry system to the exclusion of
any Bonds being issued to any Owner other than Cede & Co. is no longer in the best interests of the
Beneficial Owners of the Bonds, then the Bond Registrar shall notify the Owners of such determination or
such notice and of the availability of certificates to Owners requesting the same, and the Bond Registrar
shall register in the name of and authenticate and deliver Replacement Bonds to the Beneficial Owners or
their nominees in principal amounts representing the interest of each, making such adjustments as it may
find necessary or appropriate as to accrued interest and previous calls for redemption; provided, that in
the case of a determination under (a)(l) or (a)(2) of this paragraph, the Issuer, with the consent of the
Bond Registrar, may select a successor securities depository in accordance with the following paragraph
to effect book-entry transfers.
In such event, all references to the Securities Depository herein shall relate to the period of time
when the Securities Depository has possession of at least one Bond. Upon the issuance of Replacement
Bonds, all references herein to obligations imposed upon or to be performed by the Securities Depository
shall be deemed to be imposed upon and performed by the Bond Registrar, to the extent applicable with
respect to such Replacement Bonds. If the Securities Depository resigns and the Issuer, the Bond
Registrar or Owners are unable to locate a qualified successor of the Securities Depository in accordance
with the following paragraph, then the Bond Registrar shall authenticate and cause delivery of
Replacement Bonds to Owners, as provided herein. The Bond Registrar may rely on information fi-om
the Securities Depository and its Participants as to the names of the Beneficial Owners of the Bonds. The
cost of printing, registration, authentication, and delivery of Replacement Bonds shall be paid for by
the Issuer.
JLN403552.01DOND RESOLUTION B (08-02-04)

In the event the Securities Depository resigns, is unable to properly discharge its responsibilities,
or is no longer qualified to act as a securities depository and registered clearing agency under the
Securities and Exchange Act of 1934, as amended, the Issuer may appoint a successor Securities
Depository provided the Bond Registrar receives written evidence satisfactory to the Bond Registrar with
respect to the ability of the successor Securities Depository to discharge its responsibilities. Any such
successor Securities Depository shall be a securities depository which is a registered clearing agency
under the Securities and Exchange Act of 1934, as amended, or other applicable statute or regulation that
operates a securities depository upon reasonable and customary terms. The Bond Registrar upon its
receipt of a Bond or Bonds for cancellation shall cause the delivery of Bonds to the successor Securities
Depository in appropriate denominations and form as provided herein.
Section 211. Nonpresentment of Bonds. If any Bond is not presented for payment when the
principal thereof becomes due at Maturity, if funds sufficient to pay such Bond have been made available
to the Paying Agent all liability of the Issuer to the Owner thereof for the payment of such Bond shall
forthwith cease, determine and be completely discharged, and thereupon it shall be the duty of the Paying
Agent to hold such funds, without liability for interest thereon, for the benefit of the Owner of such Bond,
who shall thereafter be restricted exclusively to such funds for any claim of whatever nature on his part
under this Bond Resolution or on, or with respect to, said Bond. If any Bond is not presented for payment
within four (4) years following the date when such Bond becomes due at Maturity, the Paying Agent shall
repay, without liability for interest thereon, to the Issuer the funds theretofore held by it for payment of
such Bond, and such Bond shall, subject to the defense of any applicable statute of limitation, thereafter
be an unsecured obligation of the Issuer, and the Owner thereof shall be entitled to look only to the Issuer
for payment, and then only to the extent of the amount so repaid to it by the Paying Agent, and the Issuer
shall not be liable for any interest thereon and shall not be regarded as a trustee of such money.
Section 212. Preliminary and Final Official Statement. The Preliminary Official Statement
dated July 23,2004, is hereby ratified and approved. The final Official Statement is hereby authorized to
be prepared by supplementing, amending and completing the Preliminary Official Statement, with such
changes and additions thereto as are necessary to conform to and describe the transaction. The Mayor or
chief financial officer of the Issuer are hereby authorized to execute the final Official Statement as so
supplemented, amended and completed, and the use and public distribution of the final Official Statement
by the Purchaser in connection with the reoffering of the Bonds is hereby authorized. The proper officials
of the Issuer are hereby authorized to execute and deliver a certificate pertaining to such Oflicial
Statement as prescribed therein, dated as of the Issue Date.
The Issuer agrees to provide to the Purchaser within seven business days of the date of the sale of
Bonds sufficient copies of the final Official Statement to enable the Purchaser to comply with the
requirements of Rule 15c2-12(3) and (4) of the Securities and Exchange Commission and with the
requirements of Rule G-32 of the Municipal Securities Rulemaking Board.
Section 213. Sale of the Bonds - Bond Purchase Agreement. The execution of the Bond
Purchase Agreement Mayor is hereby ratified and confirmed. Pursuant to the Bond Purchase Agreement,
the Issuer agrees to sell the Bonds to the Purchaser for the Purchase Price, upon the terms and conditions set
forth therein. and which officer is hereby authorized to execute the Bond Purchase Agreement for and on
behalf of the Issuer.
JLN\403552.0 l\BOND RESOLUTION B (08-02-04)

ARTICLE 111
REDEMPTION OF BONDS
Optional Redemption. At the option of the Issuer, Bonds or portions thereof maturing in the
years 2015 and thereafter, may be called for redemption and payment prior to their Stated Maturity on
determine) at any time, at the Redemption Price of 100% (expressed as a percentage of the principal
amount), plus accrued interest thereon to the Redemption Date.
Mandatory Redemption. (a) 2014 Term Bonds. The 2014 Term Bonds shall be subject to
mandatory redemption and payment prior to Stated Maturity pursuant to the mandatory redemption
requirements of this Section at a Redemption Price equal to 100% of the principal amount thereof plus
accrued interest to the Redemption Date. The taxes levied in Article I V hereof which are to be deposited
into the Debt Service Account shall be sufficient to redeem, and the Issuer shall redeem on September 1
in each year, the following principal amounts of such 2014 Term Bonds:
Principal
Amount -
Year
$15,000 2005
15,000 2006
15,000 2007
15,000 2008
15,000 2009
20,000 2010
20,000 201 1
20,000 2012
20,000 2013
25,000 2014"
"Final Maturity
(b) 2024 Term Bonds. The 2024 Term Bonds shall be subject to mandatory redemption and
payment prior to Stated Maturity pursuant to the mandatory redemption requirements of this Section at a
Redemption Price equal to 100% of the principal amount thereof plus accrued interest to the Redemption
Date. The taxes levied in Article IVhereof which are to be deposited into the Debt Service Account shall
be sufficient to redeem, and the Issuer shall redeem on September 1 in each year, the following principal
amounts of such 2024 Term Bonds:
Principal
Amount -
Year
$25,000 2015
25,000 2016
30,000 2017
30,000 2018
30,000 2019
35,000 2020

15
"Final Maturity
At its option, to be exercised on or before the 45th day next preceding any mandatory
Redemption Date, the Issuer may: (1) deliver to the Paying Agent for cancellation Term Bonds subject to
mandatory redemption on said mandatory Redemption Date, in any aggregate principal amount desired;
or (2) furnish the Paying Agent funds, together with appropriate instructions, for the purpose of
purchasing any Term Bonds subject to mandatory redemption on said mandatory Redemption Date from
any Owner thereof whereupon the Paying Agent shall expend such funds for such purpose to such extent
as may be practical; or (3) receive a credit with respect to the mandatory redemption obligation of the
Issuer under this Section for any Term Bonds subject to mandatory redemption on said mandatory
Redemption Date which, prior to such date, have been redeemed (other than through the operation of the
mandatory redemption requirements of this subsection) and cancelled by the Paying Agent and not
theretofore applied as a credit against any redemption obligation under this subsection. Each Term Bond
so delivered or previously purchased or redeemed shall be credited at 100% of the principal amount
thereof on the obligation of the Issuer to redeem Term Bonds of the same Stated Maturity on such
mandatory Redemption Date, and any excess of such amount shall be credited on future mandatory
redemption obligations for Term Bonds of the same Stated Maturity as designated by the Issuer, and the
principal amount of Term Bonds to be redeemed by operation of the requirements of this Section shall be
accordingly reduced. If the Issuer intends to exercise any option granted by the provisions of clauses (I),
(2) or (3) above, the Issuer will, on or before the 45th day next preceding each mandatory Redemption
Date, furnish the Paying Agent a written certificate indicating to what extent the provisions of said clauses
(I), (2) and (3) are to be complied with, with respect to such mandatory redemption payment.
(a) In the event the Issuer desires to call the Bonds for redemption prior to maturity, written
notice of such intent shall be provided to the Bond Registrar in accordance with K.S.A. 10-129, as
amended, not less than 45 days prior to the Redemption Date. The Bond Registrar shall call Bonds for
redemption and payment and shall give notice of such redemption as herein provided upon receipt by the
Bond Registrar at least 45 days prior to the Redemption Date of written instructions of the Issuer
specifying the principal amount, Stated Maturities, Redemption Date and Redemption Prices of the Bonds
to be called for redemption. If the Bonds are refunded more than 90 days in advance of such Redemption
Date, any escrow agreement entered into by the Issuer in connection with such refunding shall provide
that such written instructions to the Paying Agent shall be given by the escrow agent on behalf of the
Issuer not more than 90 days prior to the Redemption Date. The Paying Agent may in its discretion waive
such notice period so long as the notice requirements set forth in Section 303 are met. The foregoing
provisions of this paragraph shall not apply in the case of any mandatory redemption of Term Bonds
hereunder, and Term Bonds shall be called by the Paying Agent for redemption pursuant to such
mandatory redemption requirements without the necessity of any action by the Issuer and whether or not
the Paying Agent holds moneys available and sufficient to effect the required redemption.
(b) Bonds shall be redeemed only in an Authorized Denomination. When less than all of the
Bonds are to be redeemed and paid prior to their Stated Maturity, such Bonds shall be redeemed in such
manner as the Issuer shall determine. Bonds of less than a full Stated Maturity shall be selected by the
Bond Registrar in a minimum Authorized Denomination of principal amount in such equitable manner as
the Bond Registrar may determine.

16
than a minimum Authorized Denomination are then Outstanding, then for all purposes in connection with
such redemption each a minimum Authorized Denomination of face value shall be treated as though it
were a separate Bond of the denomination of a minimum Authorized Denomination. If it is determined
that one or more, but not all, of the a minimum Authorized Denomination of face value represented by
any Bond is selected for redemption, then upon notice of intention to redeem such a minimum Authorized
Denomination, the Owner or the Owner's duly authorized agent shall forthwith present and surrender such
Bond to the Bond Registrar: (1) for payment of the Redemption Price and interest to the Redemption Date
of such a minimum Authorized Denomination of face value called for redemption, and (2) for exchange,
without charge to the Owner thereof, for a new Bond or Bonds of the aggregate principal amount of the
unredeemed portion of the principal amount of such Bond. If the Owner of any such Bond fails to present
such Bond to the Paying Agent for payment and exchange as aforesaid, such Bond shall, nevertheless,
become due and payable on the redemption date to the extent of the a minimum Authorized Denomination
of face value called for redemption (and to that extent only).
Section 303. Notice and Effect of Call for Redemption. Unless waived by any Owner of
Bond Registrar, the Bond Insurer and the Purchaser. In addition, the Issuer shall cause the Bond Registrar
to give written notice of redemption to the Owners of said Bonds. Each of said written notices shall be
deposited in the United States first class mail not less than 30 days prior to the Redemption Date.
(a) - the ~ e d e m ~ t i oate;

n
(c) if less than all Outstanding Bonds are to be redeemed, the identification (and, in the case
of partial redemption of any Bonds, the respective principal amounts) of the Bonds to be redeemed;
(d) a statement that on the Redemption Date the Redemption Price will become due and
payable upon each such Bond or portion thereof called for redemption and that interest thereon shall cease
to accrue from and after the Redemption Date; and
I (e) the place where such Bonds are to be surrendered for payment of the Redemption Price,
which shall be the principal office of the Paying Agent.
money sufficient to pay the Redemption Price of all the Bonds or portions of Bonds that are to be
redeemed on such Redemption Date.
For so long as the Securities Depository is effecting book-entry transfers of the Bonds, the Bond
Registrar shall provide the notices specified in this Section to the Securities Depository. It is expected
that the Securities Depository shall, in turn, notify its Participants and that the Participants, in turn, will
notify or cause to be notified the Beneficial Owners. Any failure on the part of the Securities Depository
or a Participant, or failure on the part of a nominee of a Beneficial Owner of a Bond (having been mailed
notice from the Bond Registrar, the Securities Depository, a Participant or otherwise) to notify the
Beneficial Owner of the Bond so affected, shall not affect the validity of the redemption of such Bond.
be redeemed shall become due and payable on the Redemption Date, at the Redemption Price therein
specified, and from and after the Redemption Date (unless the Issuer defaults in the payment of the
Redemption Price) such Bonds or portion of Bonds shall cease to bear interest. Upon surrender of such
Bonds for redemption in accordance with such notice, the Redemption Price of such Bonds shall be paid
by the Paying Agent. Installments of interest due on or prior to the Redemption Date shall be payable as
herein provided for payment of interest. Upon surrender for any partial redemption of any Bond, there
shall be prepared for the Owner a new Bond or Bonds of the same Stated Maturity in the amount of the
In addition to the foregoing notice, the Issuer shall provide such notices of redemption as are
required by the Disclosure Instructions. Further notice may be given by the Issuer or the Bond Registrar
on behalf of the Issuer as set out below, but no defect in said further notice nor any failure to give all or
any portion of such further notice shall in any manner defeat the effectiveness of a call for redemption if
official notice thereof is given as above prescribed.
(a) Each fixther notice of redemption given hereunder shall contain the information required
above for an official notice of redemption plus (1) the CUSIP numbers of all Bonds being redeemed; (2)
the date of issue of the Bonds as originally issued; (3) the rate of interest borne by each Bond being
redeemed; (4) the maturity date of each Bond being redeemed; and (5) any other descriptive information
needed to identify accurately the Bonds being redeemed.
(b) Each further notice of redemption shall be sent at least one day before the mailing of
notice to Owners by first class, registered or certified mail or overnight delivery, as determined by the
Bond Registrar, to all registered securities depositories then in the business of holding substantial amounts
of obligations of types comprising the Bonds and to one or more national information services that
disseminate notices of redemption of obligations such as the Bonds.
(c) Each check or other transfer of h d s issued for the payment of the Redemption Price of
Bonds being redeemed shall bear or have enclosed the CUSIP number of the Bonds being redeemed with
the proceeds of such check or other transfer.
The Paying Agent is also directed to comply with any mandatory standards then in effect for
processing redemptions of municipal securities established by the State or the Securities and Exchange
Commission. Failure to comply with such standards shall not affect or invalidate the redemption of
any Bond.
ARTICLE IV
SECURITY FOR BONDS
Section 401. Security for the Bonds. The Bonds shall be general obligations of the Issuer
payable as to both principal and interest from ad valorem taxes which may be levied without limitation as
to rate or amount upon all the taxable tangible property, real and personal, within the territorial limits of

18
the Issuer. The full faith, credit and resources of the Issuer are hereby irrevocably pledged for the prompt
payment of the principal of and interest on the Bonds as the same become due.
Section 402. Levy and Collection of Annual Tax. The governing body of the Issuer shall
same become due by, to the extent necessary, levying and collecting the necessary taxes upon all of the
taxable tangible property within the Issuer in the manner provided by law.
The taxes referred to above shall be extended upon the tax rolls in each of the several years,
respectively, and shall be levied and collected at the same time and in the same manner as the other ad
valorem taxes of the Issuer are levied and collected. The proceeds derived from said taxes shall be
deposited in the Bond and Interest Fund, shall be kept separate and apart fiom all other funds of the Issuer
shall thereafter be deposited in the Debt Service Account and shall be used solely for the payment of the
principal of and interest on the Bonds as and when the same become due, taking into account any
scheduled mandatory redemptions, and the fees and expenses of the Paying Agent.
If at any time said taxes are not collected in time to pay the principal of or interest on the Bonds
when due, the Treasurer is hereby authorized and directed to pay said principal or interest out of the
general funds of the Issuer and to reimburse said general funds for money so expended when said taxes
are collected.
ARTICLE V
ESTABLISHMENT OF FUNDS AND ACCOUNTS DEPOSIT AND APPLICATION OF

BOND PROCEEDS
Section 501. Creation of Funds and Accounts. Simultaneously with the issuance of the
Bonds, there shall be created within the Treasury of the Issuer the following funds and accounts:
(a) Redemption Fund for Refunded Bonds; and
(b) Debt Service Account for Taxable General Obligation Refunding Bonds, Series 2004-B.
Section 502. Deposit of Bond Proceeds. The net proceeds received from the sale of the
Bonds shall be deposited simultaneously with the delivery of the Bonds as follows:
(a) All accrued interest received from the sale of the Bonds shall be deposited in the Debt
Service Account.
(b) The remaining balance of the proceeds derived from the sale of the Bonds shall be
deposited in the Redemption Fund.
Section 503. Application of Moneys in the Redemption Fund. Moneys in the Redemption
Fund shall be paid and transferred to the Refunded Bonds Paying Agent, with irrevocable instructions to
apply such amount to the payment of the Refunded Bonds on the Refunded Bonds Redemption Date. The
Clerk is authorized and instructed to provide appropriate notice of redemption in accordance with the
JLN\403552.01\BOND RESOLUTION I3 (08-02-04)

19
Refunded Bonds Resolution authorizing the issuance of such Refunded Bonds. Any moneys remaining in
the Redemption Fund not needed to retire the Refunded Bonds shall be transferred to the Debt Service
Account.
Section 504. Application of Moneys in Debt Service Account. All amounts paid and
credited to the Debt Service Account shall be expended and used by the Issuer for the sole purpose of
paying the principal or Redemption Price of and interest on the Bonds as and when the same become due
and the usual and customary fees and expenses of the Bond Registrar and Paying Agent. The Treasurer is
from such moneys.
Any moneys or investments remaining in the Debt Service Account after the retirement of the
indebtedness for which the Bonds were issued shall be transferred and paid into the Bond and
Interest Fund.
Section 505. Deposits and Investment of Moneys. Moneys in each of the Funds and
Accounts shall be deposited in a bank, savings and loan association or savings bank: (a) organized under
the laws of the State or the United States with main offices located in the county or counties in which the
Issuer is located; or (b) under certain conditions of State law, organized under the laws of the United
States or any other State thereof, with main offices located outside of the State, but with a branch located
in the county or counties in which the Issuer is located. All such depositaries shall be members of the
Federal Deposit Insurance Corporation. All such deposits shall be invested in Permitted Investments as
set forth in this Article or shall be adequately secured as provided by the laws of the State. All moneys
held in the Funds and Accounts shall be kept separate and apart from all other funds of the Issuer so that
there shall be no commingling with any other funds of the Issuer.
Moneys held in any Fund or Account other than the Redemption Fund may be invested in
accordance with this Bond Resolution in Permitted Investments; provided, however, that no such
investment shall be made for a period extending longer than to the date when the moneys invested may be
needed for the purpose for which such fund was created. All earnings on any investments held in any
Fund or Account shall accrue to and become a part of such Fund or Account shall be credited to the Debt
Service Account.
ARTICLE VI
JLM403552.01\BOND RESOLUTION B (08-02-04)

(a) by mandamus or other suit, action or proceedings at law or in equity to enforce the rights
of such Owner or Owners against the Issuer and its officers, agents and employees, and to require and
compel duties and obligations required by the provisions of the Bond Resolution or by the Constitution
and laws of the State;
(b) by suit, action or other proceedings in equity or at law to require the Issuer, its officers,
agents and employees to account as if they were the trustees of an express trust; and
(c) by suit, action or other proceedings in equity or at law to enjoin any acts or things which
may be unlawful or in violation of the rights of the Owners of thk Bonds.
right of prior redemption as provided in this Bond Resolution. No one or more Owners secured hereby
Section 603. Remedies Cumulative. No remedy conferred herein upon the Owners is
intended to be exclusive of any other remedy, but each such remedy shall be cumulative and in addition to
every other remedy and may be exercised without exhausting and without regard to any other remedy
conferred herein. No waiver of any default or breach of duty or contract by the Owner of any Bond shall
extend to or affect any subsequent default or breach of duty or contract or shall impair any rights or
remedies thereon. No delay or omission of any Owner to exercise any right or power accruing upon any
default shall impair any such right or power or shall be construed to be a waiver of any such default or
expedient. If action or proceedings taken by any Owner on account of any default or to enforce any right
duties of the Owners shall continue as if no such suit, action or other proceedings had been brought
or taken.
Section 604. Control of Remedies Upon an Event of Default and Event of Insolvency.
Upon the occurrence and continuance of an Event of Default, the Bond Insurer, provided the Bond
Insurance Policy is in 111 force and effect and the Bond Insurer shall not be in default thereunder, shall be
entitled to control and direct the enforcement of all rights and remedies granted to the Owners under this
Bond Resolution. Any reorganization or liquidation plan with respect to the Issuer must be acceptable to
the Bond Insurer. In the event of any reorganization or liquidation, the Bond Insurer shall have the right
to vote on behalf of all Owners who hold the Bonds insured by the Bond Insurer absent a default by the
Bond Insurer under the applicable Bond Insurance Policy insuring such Bonds.

ARTICLE VII
DEFEASANCE
this Bond Resolution and the pledge of the Issuer's faith'and credit hereunder and all other rights granted
trust powers, at or prior to the Stated Maturity or Redemption Date of said Bonds or the interest payments
thereon, in trust for and irrevocably appropriated thereto, moneys and/or Defeasance Obligations which,
payment of the principal of or Redemption Price of said Bonds andlor interest accrued to the Stated
notice of redemption in compliance with Section 302(a) of this Bond Resolution. Any money and
Bonds, shall be and are hereby assigned, transferred and set over to the Paying Agent or other bank or
irrevocably appropriated to the payment and discharge thereof. All money and Defeasance Obligations
accordance with and subject to all of the provisions of this Bond Resolution. The Issuer shall notify the
Bond Insurer of any defeasance under this Section.
Notwithstanding anything in this Bond Resolution to the contrary, in the event that the principal
andlor interest due on the Bonds shall be paid by the Bond Insurer pursuant to the Bond Insurance Policy,
the Bonds shall remain Outstanding for all purposes, not be defeased or otherwise satisfied and not be
considered paid by the Issuer and the covenants, agreements and other obligations of the Issuer to the
Owners shall continue to exist and shall run to the benefit of the Bond Insurer, and the Bond Insurer shall
be subrogated to the rights of such Owners.
The provisions of this Section shall not be operative unless the Issuer shall cause to be delivered:
(a) a report of an Independent Accountant acceptable to the Bond Insurer verifylng the sufficiency of the
escrow established to pay the Bonds in full on the Stated Maturity or Redemption Date, (b) an escrow
agreement acceptable in form and substance to the Bond Insurer, and (c) an opinion of Bond Counsel to the
effect that the Bonds are no longer Outstanding under this Bond Resolution; each report and opinion shall be
acceptable in form and substance, and addressed, to the Issuer and the Bond Insurer. In the event of a
forward purchase agreement will be employed in the establishment of such escrow agreement, such
agreement shall be subject to the approval of the Bond Insurer and shall be accompanied by such opinions
of counsel as may be required by the Bond Insurer. The Bond Insurer shall be provided with final drafts of
the above-referenced documentation not less than 15 business days prior to the funding of the escrow.

ARTICLE VIII
1 PROVISIONS RELATING TO THE BOND INSURANCE POLICY
Section 801. Payment Procedure Pursuant to Bond Insurance Policy. As long as the Bond
Insurance Policy shall be in full force and effect, the Issuer and the Paying Agent agree to comply with
the following provisions:
(a) In the event that, on the second Business Day, and again on the Business Day, prior to the
Bond Payment Date, the Paying Agent has not received sufficient moneys to pay all principal of and
interest on the Bonds due on the second following or following, as the case may be, Business Day, the
Paying Agent shall immediately notify the Bond Insurer or its designee on the same Business Day by
telephone or telegraph, confirmed in writing by registered or certified mail, of the amount of the
deficiency.
(b) If the deficiency is made up in whole or in part prior to or on the Bond Payment Date, the
Paying Agent shall so notify the Bond Insurer or its designee.
I
(c) In addition, if the Paying Agent has notice that any Owner has been required to disgorge
payments of principal or interest on the Bonds to a trustee in Bankruptcy or creditors or others pursuant to
a final judgment by a court of competent jurisdiction that such payment constitutes an avoidable
preference to such Owner within the meaning of any applicable bankruptcy laws, then the Paying Agent
shall notify the Bond Insurer or its designee of such fact by telephone or telegraphic notice, confirmed in
writing by registered or certified mail.
(d) The Paying Agent is hereby irrevocably designated, appointed, directed and authorized to
act as attorney-in-fact for Owners of the Bonds as follows:
(1) If and to the extent there is a deficiency in amounts required to pay interest on the
Bonds, the Paying Agent shall (i) execute and deliver to the Insurance Paying Agent, in form
satisfactory to the Insurance Paying Agent, an instrument appointing the Bond Insurer as agent
for such Owners in any legal proceedings related to the payment of such interest and an
assignment to the Bond Insurer of the claims for interest to which such deficiency relates and
which are paid by the Bond Insurer, (ii) receive as designee of the respective Owners (and not as
Paying Agent) in accordance with the terms of the Bond Insurance Policy payment from the
Insurance Paying Agent with respect to the claims for interest so assigned, and (iii) disburse the
same to such respective Owners; and
(2) If and to the extent of a deficiency in amounts required to pay principal of the
Bonds, the Paying Agent shall (i) execute and deliver to the Insurance Paying Agent in form
satisfactory to the Insurance Paying Agent an instrument appointing the Bond Insurer as agent for
such Owner in any legal proceeding relating to the payment of such principal and an assignment
to the Bond Insurer of any of the Bond surrendered to the Insurance Paying Agent of so much of
the principal amount thereof as has not previously been paid or for which moneys are not held by
the Paying Agent and available for such payment (but such assignment shall be delivered only if
payment from the Insurance Paying Agent is received), (ii) receive as designee of the respective
Owners (and not as Paying Agent) in accordance with the terms of the Bond Insurance Policy ,
payment therefor from the Insurance Paying Agent, and (iii) disburse the same to such Owners.

(e) Payments with respect to claims for interest on and principal of Bonds disbursed by the
Paying Agent from proceeds of the Bond Insurance Policy shall not be considered to discharge the
obligation of the Issuer with respect to such Bonds, and the Bond Insurer shall become the owner of such
unpaid Bond and claims for the interest in accordance with the tenor of the assignment made to it under
the provisions of this subsection or otherwise.
(f) Irrespective of whether any such assignment is executed and delivered, the Issuer and the
Paying Agent hereby agree for the benefit of the Bond Insurer that:
(1) They recognize that to the extent the Bond Insurer makes payments, directly or
indirectly (as by paying through the Paying Agent), on account of principal of or interest on the
Bonds, the Bond Insurer will be subrogated to the rights of such Owners to receive the amount of
such principal and interest from the Issuer, with interest thereon as provided and solely from the
sources stated in this Bond Resolution and the Bonds; and
(2) They will accordingly pay to the Bond Insurer the amount of such principal and
interest (including principal and interest recovered under subparagraph (ii) of the first paragraph
of the Bond Insurance Policy, which principal and interest shall be deemed past due and not to
have been paid), with interest thereon as provided in this Bond Resolution and the Bond, but only
from the sources and in the manner provided herein for the payment of principal of and interest
on the Bonds to Owners, and will otherwise treat the Bond Insurer as the owner of such rights to
the amount of such principal and interest.
Section 802. Consent of Bond Insurer. Any provision of this Bond Resolution expressly
recognizing or granting rights in or to the Bond Insurer may not be amended in any manner which affects
the rights of the Bond Insurer hereunder without the prior written consent of the Bond Insurer.
The Bond Insurer's consent shall be required in addition to Owner consent, when required, for the
execution and delivery of any supplemental resolution, or any amendment, supplement or change to or
modification of other documents relating to the security for the Bonds; removal or substitution of the
Paying Agent; or approval of any action or document requiring approval of the Owners.
Section 803. Notices.
(a) While the Bond Insurance Policy is in effect, the Issuer shall furnish to the Bond Insurer:
(1) As soon as practicable after the filing thereof, a copy of any financial statement,
audit andlor annual report of the Issuer;
(2) A copy of any notice to be given to the Owners, including, without limitation,
notice of any redemption of or defeasance of Bonds, and any certificate rendered pursuant to this
Bond Resolution relating to the security for the Bonds; and
(3) Such additional information it may reasonably request.
(b) The Issuer shall notify the Bond Insurer of any failure of the Issuer to provide relevant
notices, certificates, etc.
(c) Notwithstanding any other provision of this Bond Resolution, the Issuer shall
immediately notify the Bond Insurer if at any time there are insufficient moneys to make any payments of

principal andlor interest as required and immediately upon the occurrence of any Event of Default
hereunder.
(d) Any notice that is required to be given to an Owner of the Bond or to the Paying Agent
pursuant to this Bond Resolution shall also be provided to the Bond Insurer. All notices required to be
given to the Bond Insurer under this Bond Resolution shall be in writing and shall be sent by registered or
certified mail addressed to the Notice Address.
Section 804. Indemnification. The Issuer agrees to reimburse the Bond Insurer immediately
and unconditionally upon demand, to the extent permitted by law, for all reasonable expenses, including
attorneys' fees and expenses, incurred by the Bond Insurer in connection with (a) the enforcement by the
Bond Insurer of the Issuer's obligations, or the preservation or defense of any rights of the Bond Insurer,
under this Bond Resolution and any other document executed in connection with the issuance of the
Bonds, and (b) any consent, amendment, waiver or other action with respect to this Bond Resolution or
any related document, whether or not granted or approved, together with interest on all such expenses
from and including the date incurred to the date of payment at Citibank's Prime Rate plus 3% or the
maximum interest rate permitted by law, whichever is less. In addition, the Bond Insurer reserves the
right to charge a fee in connection with its review of any such consent, amendment or waiver, whether or
not granted or approved.
Section 805. Additional Provisions.
(a) The Issuer agrees not to use the Bond Insurer's name in any public documents, including,
without limitation, a press release or presentation, announcement or forum without the Bond Insurer's
prior consent. In any event that the Issuer is advised by legal counsel that it has a 1egal.obligation to
disclose the Bond Insurer's name in any press release, public announcement or other public document, the
Issuer shall provide the Bond Insurer with at least three (3) business days' prior written notice of its intent
to use the Bond Insurer's name together with a copy of the proposed use of the Bond Insurer's name and
of any description of a transaction with the Bond Insurer and shall obtain the Bond Insurer's prior consent
as to the form and substance of the proposed use of the Bond Insurer's name and any such description.
(b) The Issuer shall not enter into any agreement nor shall it consent to or participate in any
arrangement pursuant to which Bonds are tendered or purchased for any purpose other than the
redemption and cancellation or legal defeasance of such Bonds without the prior written consent of the
Bond Insurer.
ARTICLE IX
Section 901. Disclosure Requirements. The Issuer hereby covenants with the Purchaser and
the Beneficial Owners to provide and disseminate such information as is required by the SEC Rule and as
further set forth in the Disclosure Instructions, which are incorporated herein by reference. Such
covenant shall be for the benefit of and enforceable by the Purchaser and the Beneficial Owners.
Section 902. Failure to Comply with Continuing Disclosure Requirements. In the event
the Issuer fails to comply in a timely manner with its covenants contained in the preceding section, the
Purchaser and/or any Beneficial Owner may make demand for such compliance by written notice to the
Issuer. In the event the Issuer does not remedy such noncompliance within 10 days of receipt of such
written notice, the Purchaser or any Beneficial Owner may in its discretion, without notice or demand,

25
proceed to enforce compliance by a suit or suits in equity for the specific performance of such covenant or
agreement contained in the preceding section or for the enforcement of any other appropriate legal or
equitable remedy, as the Purchaser and/or any Beneficial Owner shall deem effectual to protect and
enforce any of the duties of the Issuer under such preceding section. The Purchaser or Beneficial Owner
shall provide a copy of any such demand or notice to the Bond Insurer.
ARTICLE X
Section 1001. Annual Audit. Annually, promptly after the end of the Fiscal Year, the Issuer
will cause an audit to be made of the financial statements of the Issuer for the preceding Fiscal Year by an
Independent Accountant. The audit report shall contain a statement regarding the Issuer's compliance
with the covenants regarding continuing disclosure contained in Section 901 hereof and the Continuing
Disclosure Instructions. Within 30 days after the completion of each such audit, a copy thereof shall be
filed in the office of the Clerk, and a duplicate copy of the audit shall be mailed to the Purchaser and to
the Bond Insurer. Such audit shall at all times during the usual business hours be open to the examination
and inspection by any taxpayer, any Owner of any of the Bonds, or by anyone acting for or on behalf of
such taxpayer or Owner. Upon payment of the reasonable cost of preparing and mailing the same, a copy
of any annual audit will, upon request, be sent to any Owner or prospective Owner. As soon as possible
after the completion of the annual audit, the governing body of the Issuer shall review such audit, and if
the audit discloses that proper provision has not been made for all of the requirements of this Bond
Resolution, the Issuer shall promptly cure such deficiency.
respect by resolution of the Issuer with the written consent of the Bond Insurer and the Owners of not less
than a majority in principal amount of the Bonds then Outstanding, such consent to be evidenced by an
instrument or instruments executed by the Bond Insurer and such Owners and duly acknowledged or
proved in the manner of a deed to be recorded, and such instrument or instruments shall be filed with the
Clerk, but no such modification or alteration shall:
(b) effect a reduction in the amount which the Issuer is required to pay as principal of or
interest on any Bond;
(d) reduce the percentage in principal amount of Bonds required for the written consent to
any modification or alteration of the provisions of this Bond Resolution.
by resolution duly adopted by the governing body of the Issuer at any time in any legal respect with the
written consent of the Bond Insurer and the Owners of all of the Bonds at the time Outstanding.
Without notice to or the consent of any Owners, the Issuer may amend or supplement this Bond

be granted to or conferred upon the Owners or in connection with any other change therein which is not
materially adverse to the interests of the Owners.
which the written consent of the Bond Insurer and the Owners is given, as above provided, shall be
expressed in a resolution adopted by the governing body of the Issuer amending or supplementing the
provisions of this Bond Resolution and shall be deemed to be a part of this Bond Resolution. A certified
copy of every such amendatory or supplemental resolution, if any, and a certified copy of this Bond
Resolution shall always be kept on file in the office of the Clerk, shall be delivered to the Bond Insurer
and shall be made available for inspection by the Owner of any Bond or a prospective purchaser or owner
of any Bond authorized by this Bond Resolution, and upon payment of the reasonable cost of preparing
the same, a certified copy of any such amendatory or supplemental resolution or of this Bond Resolution
will be sent by the Clerk to any such Owner or prospective Owner.
until there has been filed with the Clerk a copy of the resolution of the Issuer hereinabove provided for,
duly certified, as well as proof of any required consent to such modification by the Bond Insurer and the
Owners of the Bonds then Outstanding. It shall not be necessary to note on any of the Outstanding Bonds
any reference to such amendment or modification.
The Issuer shall furnish to the Paying Agent a copy of any amendment to the Bonds or this Bond
or by agent appointed in writing. Proof of the execution of any such instrument or of the writing
namely:
(a) The fact and date of the execution by any person of any such instrument may be proved
by a certificate of any officer in any jurisdiction who by law has power to take acknowledgments within
such jurisdiction that the person signing such instrument acknowledged before such officer the execution
thereof, or by affidavit of any witness to such execution.
(b) The fact of ownership of Bonds, the amount or amounts, numbers and other identification
of Bonds, and the date of holding the same shall be proved by the Bond Register.
not the Issuer.

Section 1004. Notices. Any notice, request, complaint, demand or other communicationrequired
or desired to be given or filed under this Bond Resolution shall be in writing, gwen to the Notice
Representative at the Notice Address and shall be deemed duly given or filed if the same shall be: (a) duly
telephonic confirmation of receipt. Copies of such notices shall also be given to the Paying Agent and the
Bond Insurer. The Issuer, the Paying Agent, the Bond Insurer and the Purchaser may fiom time to time
designate, by notice given hereunder to the others of such parties, such other address to which subsequent
notices, certificates or other communications shall be sent.
the date they are so mailed; (b) fax as aforesaid shall be deemed duly given as of the date of confirmation of
notice as shall be made with the approval of the Paying Agent shall constitute a sufficient notice.
Section 1005. Electronic Transactions. The issuance of the Bonds and the transactions related
thereto and described herein may be conducted and documents may be stored by electronic means.
execution or taking of such action shall be conclusive evidence of such necessity or advisability.
Section 1007. Severability. If any section or other part of this Bond Resolution, whether large
or small, is for any reason held invalid, the invalidity thereof shall not affect the validity of the other
construed in accordance with the applicable laws of the State.
Section 1009. Effective Date. This Bond Resolution shall take effect and be in full force fiom
JLM403552.01\BOND RESOLUTION B (08-02-04)

$ < ,.'%
D by the governing body of the Issuer on August 10,2004.
Mayor
CERTIFICATE
the Issuer adopted by the governing body on August 10,2004 as the same appears of record in my ofiice.
, Clerk

29
EXHIBITA
(FORM OF BONDS)
NUMBER - $
Unless this certificate is presented by an authorized representative of The

Depository Trust Company, a New York Corporation ("DTC1'), to the Issuer or its
agent for registration of transfer, exchange or payment, and any certificate issued is
registered in the name of Cede & Co. or in such other name as is requested by an
authorized representative of DTC (and any payment is made to Cede & Co. or to
such other entity as is requested by an authorized representative of DTC), ANY
TRANSFER, PLEDGE OR OTHER USE HEREOF FOR VALUE OR
OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the
registered owner hereof, Cede & Co., has an interest herein.
UNITED STATES OFAMERICA

STATE OF KANSAS
COUNTY OF HARVEY
CITY OF NEWTON
TAXABLE GENERAL OBLIGATION REFUNDING BOND
SERIES 2004-B

Rate: Date: Date: September 1,2004
REGISTERED OWNER:
PRINCIE'AL AMOUNT:
Harvey, State of Kansas (the "Issuer"), for value received, hereby acknowledges itself to be indebted and
promises to pay to the Registered Owner shown above, or registered assigns, but solely fi-om the source
above, unless called for redemption prior to said Maturity Date, and to pay interest thereon at the Interest
Rate per annum shown above (computed on the basis of a 360-day year of twelve 30-day months), from
the Dated Date shown above, or fi-om the most recent date to which interest has been paid or duly
redemption date thereof, upon presentation and surrender of this Bond at the principal offke of the
Treasurer of the State of Kansas, Topeka, Kansas (the "Paying Agent" and "Bond Registrar"). The interest

at such other address as is furnished to the Paying Agent in writing by such Registered Owner; or, (b) in
such Registered Owner wishes to have such transfer directed. The principal or redemption price of and
thereof, is legal tender for the payment of public and private debts. Interest not punctually.paid will be
Definitions. Capitalized terms used herein and not otherwise defined herein shall have the
ADDITIONAL PROVISIONS OF THIS BOND ARE CONTINUED ON THE REVERSE

HEREOF AND SHALL FOR ALL PURPOSES HAVE THE SAME EFFECT AS THOUGH
FULLY SET FORTH AT THIS PLACE.
Authentication and Registration hereon shall have been lawfully executed by the Bond Registrar.
IT IS HEREBY DECLARED AND CERTIFIED that all acts, conditions, and things required

Mayor
ATTEST
By: (facsimile)
Clerk

This Bond is one of a series of Taxable General Obligation Refunding Bonds, Series 2004-B, of
the City of Newton, Kansas, described in the within-mentioned Bond Resolution.
Registration Date

Topeka, Kansas,
BY
Registration Number: 0208-040-090 104-428
designated "Taxable General Obligation Refunding Bonds, Series 2004-By" aggregating the principal
amount of $515,000 (the "Bonds") issued for the purposes set forth in the Ordinance of the Issuer
authorizing the issuance of the Bonds and the Resolution of the Issuer prescribing the form and details of
the Bonds (jointly the "Bond Resolution"). The Bonds are issued by the authority of and in full
compliance with the provisions, restrictions and limitations of the Constitution and laws of the State of
Kansas, including K.S.A. 10-427 et seq., as amended, and all other provisions of the laws of the State of
Kansas applicable thereto.
principal and interest from ad valorem taxes which may be levied without limitation as to rate or amount
upon all the taxable tangible property, real and personal, within the territorial limits of the Issuer. The full
faith, credit and resources of the Issuer are hereby pledged for the payment of the principal of and interest
on this Bond and the issue of which it is a part as the same respectively become due.
Redemption Prior to Maturity. The Bonds are subject to redemption prior to maturity, as
follows:
Optional Redemption. At the option of the Issuer, Bonds or portions thereof maturing in the years
2015 and thereafter, may be called for redemption and payment prior to their Stated Maturity on
determine) at any time, at the Redemption Price of 100% (expressed as a percentage of the principal
amount), plus accrued interest thereon to the Redemption Date.
Mandatory Redeinption. (a) 2014 Term Bonds. Each of the Bonds maturing on September 1,
2014 (the "2014 Term Bonds") shall also be subject to mandatory redemption and payment prior to

A-3
maturity on September 1, 2005, and on any September 1 thereafter, pursuant to the redemption schedule
set forth in the Bond Resolution at the Redemption Price of 100% (expressed as a percentage of the
principal amount), plus accrued interest thereon to the Redemption Date.
(b) 2024 Term Bonds. Each of the Bonds maturing on September 2024 (the "2024 Term Bonds")
shall also be subject to mandatory redemption and payment prior to maturity on September 1, 2015, and
on any September 1 thereafter, pursuant to the redemption schedule set forth in the Bond Resolution at the
thereon to the Redemption Date.
Redemption Denoininations. Whenever the Bond Registrar is to select Bonds for the purpose of
Denomination, if less than all of the Bonds then Outstanding are to be called for redemption, treat each
Notice of Redemption. Notice of redemption, unless waived, shall be given by the Issuer to the
Purchaser of the Bonds, to the Bond Insurer and to the Bond Registrar in accordance with the Bond
Resolution. The Issuer shall cause the Bond Registrar to notify each Registered Owner at the address
maintained on the Bond Register, such notice to be given by mailing an official notice of redemption by
first class mail at least 30 days prior to the redemption date. Notice of redemption having been given as
aforesaid, the Bonds or portions of Bonds to be redeemed shall, on the redemption date, become due and
payable at the redemption price therein specified, and from and after such date (unless the Issuer defaults
in the payment of the redemption price), such Bonds or portions of Bonds shall cease to bear interest.
Book-Entry System. The Bonds are being issued by means of a book-entry system with no
physical distribution of bond certificates to be made except as provided in the Bond Resolution. One
Bond certificate with respect to each date on which the Bonds are stated to mature or with respect to each
form of Bonds, registered in the nominee name of the Securities Depository, is being issued and required
to be deposited with the Securities Depository and immobilized in its custody. The book-entry system
will evidence positions held in the Bonds by the Securities Depository's participants, beneficial ownership
of the Bonds in authorized denominations being evidenced in the records of such participants. Transfers
of ownership shall be effected on the records of the Securities Depository and its participants pursuant to
rules and procedures established by the Securities Depository and its participants. The Issuer and the
Bond Registrar will recognize the Securities Depository nominee, while the Registered Owner of this
Bond, as the owner of this Bond for all purposes, including (i) payments of principal of, and redemption
premium, if any, and interest on, this Bond, (ii) notices and (iii) voting. Transfer of principal, interest and
any redemption premium payments to participants of the Securities Depository, and transfer of principal,
interest and any redemption premium payments to beneficial owners of the Bonds by participants of the
Securities Depository will be the responsibility of such participants and other nominees of such beneficial
owners. The Issuer and the Bond Registrar will not be responsible or liable for such transfers of
payments or for maintaining, supervising or reviewing the records maintained by the Securities
Depository, the Securities Depository nominee, its participants or persons acting through such
participants. While the Securities Depository nominee is the owner of this Bond, notwithstanding the
provision hereinabove contained, payments of principal of, redemption premium, if any, and interest on
this Bond shall be made in accordance with existing arrangements among the Issuer, the Bond Registrar
and the Securities Depository.
Transfer and Exchange. EXCEPT AS OTHERWISE PROVIDED IN THE BOND

RESOLUTION, T H E GLOBAL BOND MAY BE TRANSFERRED, IN MrHOLE BUT NOT IN
PART, ONLY TO ANOTHER NOMINEE OF THE SECURITIES DEPOSITORY OR TO A
JLNW03552.01DOND RESOLUTION B (08-02-04)

A-4
SUCCESSOR SECURITIES DEPOSITORY OR TO A NOMINEE OF A SUCCESSOR
SECURITIES DEPOSITORY. This Bond may be transferred or exchanged, as provided in the Bond
Resolution, only on the Bond Register kept for that purpose at the principal office of the Bond Registrar,
maturity and in the same aggregate principal amount shall be issued to the transferee in exchange therefor
as provided in the Bond Resolution and upon payment of the charges therein prescribed. The Issuer shall
pay all costs incurred in connection with the issuance, payment and initial registration of the Bonds and
the cost of a reasonable supply of bond blanks. The Issuer and the Paying Agent may deem and treat the
person in whose name this Bond is registered on the Bond Register as the absolute owner hereof for the
purpose of receiving payment of, or on account of, the principal or redemption price hereof and interest
due hereon and for all other purposes. The Bonds are issued in fully registered form in Authorized
Denominations.
LEGAL OPINION

Attorneys at Law
(PRINTED LEGAL OPINION)
MBIA Insurance Corporation (the "Insurer") has issued a policy containing the following
provisions, such policy being on file at the office of the Treasurer of the State of Kansas, Topeka, Kansas.
The Insurer, in consideration of the payment of the premium and subject to the terms of this
policy, hereby unconditionally and irrevocably guarantees to any owner, as hereinafter defined, of the
following described obligations, the full and complete payment required to be made by or on behalf of the
Issuer to the Treasurer of the State of Kansas or its successor (the "Paying Agent") of an amount equal to
(i) the principal of (either at the stated maturity or by any advancement of maturity pursuant to a
mandatory sinking fund payment) and interest on, the Obligations (as that term is defined below) as such
payments shall become due but shall not be so paid (except that in the event of any acceleration of the due
date of such principal by reason of mandatory or optional redemption or acceleration resulting from
default or otherwise, other than any advancement of maturity pursuant to a mandatory sinking fimd
payment, the payments guaranteed hereby shall be made in such amounts and at such times as such
payments of principal would have been due had there not been any such acceleration); and (ii) the
JLN\403552.01'BOND RESOLUTION B (08-02-04)

reimbursement of any such payment which is subsequently recovered fiom any owner pursuant to a final
judgment by a court of competent jurisdiction that such payment constitutes an avoidable preference to
such owner within the meaning of any applicable bankruptcy law. The amounts referred to in clauses (i)
and (ii) of the preceding sentence shall be referred to herein collectively as the "Insured Amounts."
"Obligations" shall mean:
$5 l5,OOO
crry OF NEWTON, KANSAS
SERIES 2004-B
Upon receipt of telephonic or telegraphic notice, such notice subsequently confirmed in writing
by registered or certified mail, or upon receipt of written notice by registered or certified mail, by the
Insurer fiom the Paying Agent or any owner of an Obligation the payment of an Insured Amount for
which is then due, that such required payment has not been made, the Insurer on the due date of such
payment or within one business day after receipt of notice of such nonpayment, whichever is later, will
make a deposit of funds, in an account with U.S. Bank Trust National Association, in New York, New
York, or its successor, sufficient for the payment of any such Insured Amounts which are then due. Upon
presentment and surrender of such Obligations or presentment of such other proof of ownership of the
Obligations, together with any appropriate instruments of assignment to evidence the assignment of the
Insured Amounts due on the Obligations as are paid by the Insurer, and appropriate instruments to effect
the appointment of the Insurer as agent for such owners of the Obligations in any legal proceeding related
to payment of Insured Amounts on the Obligations, such instruments being in a form satisfactory to U.S.
Bank Trust National Association, US. Bank Trust National Association shall disburse to such owners or
the Paying Agent payment of the Insured Amounts due on such Obligations, less any amount held by the
Paying Agent for the payment of such Insured Amounts and legally available therefor. This policy does
not insure against loss of any prepayment premium which may at any time be payable with respect to any
Obligation.
As used herein, the term "owner" shall mean the registered owner of any Obligation as indicated
in the books maintained by the Paying Agent, the Issuer, or any designee of the Issuer for such purpose.
The term owner shall not include the Issuer or any party whose agreement with the Issuer constitutes the
Any service of process on the Insurer may be made to the Insurer at its offices located at 113
King Street, Armonk, New York 10504 and such service of process shall be valid and binding.
This policy is non-cancellable for any reason. The premium on this policy is not refundable for
any reason including the payment prior to maturity of the Obligations.
JLN403552.01DOND RESOLUTION B (08-02-04)

BOND ASSIGNMENT
(Name and Address)
the Bond to which this assignment is affixed in the outstanding principal amount of $ ,
books of said Bond Registrar with full power of substitution in the premises.
Dated
Name
social security or
Taxpayer IdentificationNo.


STATE OF KANSAS 1
) ss.
COUNTY OF HARVEY )
has been duly registered in my office according to law as of September 1,2004.

Clerk
LYNN JENKINS, Treasurer of the State of Kansas, does hereby certify that a transcript of the
proceedings leading up to the issuance of this Bond has been filed in the office of the State Treasurer, and
that this Bond was registered in such office according to law on

JLN\403552,01\BOND RESOLUTION B (08-02-04)

A-8
Gilrnore & Bell, P.C.
08/14/2001
ORDINANCE NO,4384-03
OF
PASSED
AUGUST 14,2001
$7,285,000
GENERAL OBLIGATION REFUNDING AND IMPROVEMENT BONDS
SEFUES 2001
and
$555,000
TAXABLE GENERAL OBLIGATION BONDS
SERIES 2001-B
(PUBLISHED IN THE NEI.yTON&ANSAN ON AUGUST 25,200 1)

$7,285,000 PRINCIPAL AMOUNT OF GENERAL OBLIGATION REFUNDING
AND IMPROVEMENT BONDS, SERIES 2001 AND $555,000 PRINCIPAL
AMOUNT OFTAXABLE GENERAL OBLIGATION BONDS, SERlES 2001-B, OF
THE' CITY OF NEWTON, KANSAS PROVIDING FOR THE LEVY AND
C0LI;ECTION OF AN ANNUAL TAX FOR THE PURPOSE OF PAYING THE
PRINCIPAL OF AND INTEREST ON SAlD BONDS AS THEY BECOME DUE;
AUTHORIZING CERTAIN OTHER DOCTJMENTS ANJ) ACTIONS IN
CONNECTION THEREWITH, AND MAKING CERTAIN COVENANTS WITIL
RESPECT THERETO.
WHEREAS, the City is a city of the first class, duly created, organized and existing under the
Constitution and laws of the State; and
WHEREAS, pursuant to K.S.A. 12-6a01 et seq., as amended, and other provisions of the laws of
the State of Kansas applicable thereto, by proceedings duly had, the governing body of the City has
authorized the following improvements (the "Special Assessment Improvements") to be made in the City,
to-wit:
Project Description Resolution No. Authoritv Final Cost

Green Acres Addition - South High 1-935 K.S.A. 12-6a01 et seq. $39,513 .O3
Street Improvements;
Stratford Place Addition - Street 1-939 K.S.A. 12-6a01 et seq. 114,410.54
Improvements;
Stone Creek Estates - Street 1-940 K.S.A. 12-6a01 et seq. 147,229.92
Improvements;
Block 29, Original Town - 1-933 K.S.A. 12-6a01 et seq. 76,493.10
Alleyway Improvements;
John-Sue Addition (Sewer 1-929 K.S.A. 12-6a01 et seq. 11,691.25
District No. 6-T) - Sanitary Sewer
Improvements;
Newton Medical Center Addition 1-931 K.S.A. 12-6a01 et seq. 20,916.47
- Water Improvements;
Newton Medical Center Addition 1-932 K.S.A. 12-6a01 et seq. 20,621.25
( Sewer District No. 32-B) -
Sanitary Sewer Improvements;
Stratford Place Addition (Water 1-937 K.S.A. 12-6a01 et seq. 32,735.33
District No. 19-C) - Water
Improvements;
Stratford Place Addition (Sewer 1-938 K.S.A. 12-6a01 et seq.
District No. 31-C) - Sanitary Sewer
Improvements;
Stone Creek Estates (Water 1-941 K.S.A. 12-6a01 et seq.
l I N ORDINANCE4
~ ~ ~ \ 4 0 2 7 2 2 i h AND ~~~~
1
District No. 5-H) - Water
Improvements;
Stone Creek Estates (Sewer K.S.A.. 12-6a01 et seq.
District No. 29-G) - Sanitary
Sewer Improvements;
Foxboro Estates Addition (Water K.S.A. 12-6a01 et seq.
District No. 6 4 ) - Water
Improvements;
Foxboro Estates Addition (Sewer K.S.A. 12-6a01 et seq.
District No. 13-0 - Sanitary Sewer 3
Improvements;
Foxboro Estates Addition - Street K.S.A. 12-6a01 et seq.
Improvements;
Strafford PIace Addition - Street K.S.A. 12-6a01 et seq-
Improvements;
Stratford Place Addition (Water K.S.A. 12-6a01 et seq.
District No. 19-D) - Water
Imprayements;
Stratford Place Addition (Sewer K.S.A. 12-6a01 et seq.
District No. 31-D) - Sanitary
Sewer Improvements;
Westhaven Third Addition - Street K.S.A. 12-6a01 et seq.
Improvements;
Westhaven Third Addition (Sewer K.S.A. 12-6a01 et seq.
District No. 10-Q) - Sewer
Improvements;
Westhaven Third Addition (Water K.S.A. 12-6a01 et seq.
District No. 11-C) - Water
Improvements;
Block 28, .Original Town - K.S.A. 12-6a01 et seq.
Alleyway Improvements; and
WHEICEAS, all legal requirements pertaining to the Special Assessment Improvements have
been complied with, and the governing body of the City now fmds and determines that the total cost of
the Special Assessment Improvements (including issuance costs of the Bonds) and related expenses are at
least $1,426,468.28, with $1,309,486.75 of said cost to be paid by the owners of the property within the
City benefited by the Special Assessment Improvements and with the balance of said cost to be paid by
the City at large, and that the owners of the property benefited by the Special Assessment Improvements
have paid $59,293.75 in cash into the City Treasury on account of the Special Assessment Improvements,
leaving $1,367,174.53 to be paid for by the issuance of general obligation bonds; and
WHEREAS, pursuant to K.S.A. 12-685, K.S.A. 13-055a and 13-1055b, K.S.A. 12-1736, K.S.A.
12-1737, K.S.A. 13-1024a, as amended by C%arter Resolution No. 35 of the City and K.S.A. 65-163d
through 65-1 6311, as amended, and other provisions of the laws of the State of Kansas applicable thereto,
by proceedings duly had, the governing body of the City has authorized the following improvements (the
"Capital Improvements") to be made in the City, to-wit:
Project Descriution Resolution No. Authoritv Project Authoritv

Spencer Road (1st to Broadway) - Ord, No. 4289- K.S-A. 12-685 etseq. 649,991.10
Main Traficway Improvements; 991
JLN\402722\MMUTESAND ORDINANCE4
2
Res. G-740
Spencq Road (1st to City Limits; Res. G-744 K.S.A. 12-685 et seq.
City Limits to S.E. 36th; S.E. 36th
from Spencer to 1-135) - Main
Traffichay Improvements;
East First Street and Spencer to Ord. No. 4267- K.S.A. 13-1055a and
Newton City/County Airport - 98 13-1055b
Main Sanitary Interceptor Sewer
Extension;
Newton City/County Airport (T- K.S.A. 12-1736 et seq.
Hangars and Washbay) - Public
Building Improvements;
Main Street from 4th to 8th Street - Ord. No. 4207- K.S.A. 12-685 et seq.
Main Trafficway Imptovernents; 961
Res. G-696
Kenny Williams Field G-74 1 K.S.A. 13-1024a, as
hprovements; amended by Charter
Resolution No. 35
Main Stom Water Sewer Ord. No. 43 15- K.S.A. 13-1055a and
Improvements; 99 13-10558
First Street and 1-135 - Public (3-768 K.S.A. 65-163d
Water supply System through 65-1 63u
Improvements;
First Street ,and 1-135 - Main Ord. No. 4331- K.S.A. 13-1055a and
Sanitaiy Interceptor Sewer 00 13-1055b
Improvements;
Downtown Traffic Signal Ord. No. 4362- K.S.A. 12-685 et seq.
Improvements; oo/
Res. G-797
Mission Field - Public Water G-811 K.S.A. 65-163d
Supply System Improvements; and through 665-163u
WHEREAS, all legal requirements pertaining to the Capital Improvements have been complied
with, and the governing body of the City now finds and determines that the estimated costs of the Capital
Improvements (including issuance costs of the Bonds) and related expenses are at least $4,902,825.47, to
be paid by the City at large by the issuance of general obligation bonds; and
WBEREAS, the governing body of the City is authorized by law to issue general obligation
bonds of the City to pay a portion of the costs of the Special Assessment Improvements and the Capital
Improvements (collectively, the "Improvements"); and
WHXREAS, none of such general obligation bonds heretofore authorized have been issued and
the City proposes to issue $6,270,000 of its general obligation bonds to pay a portion of the costs of the
Improvements; and
WHEREAS, the City heretofore issued and has outstanding the Refunded Bonds and is
authorized by K.S.A. 10-427 et seq. to issue general obligation refunding bonds of the City in the
principal amount of $1,0 15,000 for the purpose of refunding the Refunded Bonds; and
JLNM02722WINUTES AND ORDINANCE4

3
WEEREAS, in order to achieve interest cost savings through early redemption of the Refunded
Bonds, to reduce debt service requirements of the Issuer for certain years, to restructure the debt payments
on the 'Refunded Bonds and to provide an orderly plan of finance for the City, it has become desirable and
in the best interest of the City and its inhabitants to refund the Refunded Bonds; and
WEEREAS, pursuant to, K.S.A. 12-1736 and 12-1737, as amended, and other provisions of the
laws of the State of Kansas applicable thereto, by proceedings duly had, the governing body of the City
has authorized the following airport improvements (the "Airport Improvements") to be made in the City,
to-wit:.
Project Description Resolution No. Authoritv Final Cost

Newton citylcounty Airport G-749 K.S.A. 12-1736 et seq. $364,148.54
(Community Hangar) - Public
Building Improvements
Newton City/County Airport G-73 1 K.S.A. 12-1736 et seq. 182,399.00
(Hangar N) ' - Public Building
Improvements
WEEREAS, all legal requirements pertaining to the A q o r t Improvements have been complied
with, and the. governing body of the City now finds and determines that the total cost of the Auport
Improvements, plus associated costs of issuance of the Bonds and related expenses are at least $555,000,
to be paid by the City at large by the issuance of taxable general obligation bonds; and
: WHEREAS, the governing body of the City is authorized by law to issue taxable general
obligation bonds of the City to pay a portion of the costs of the Axport Improvements; and
, WHEREAS, none of such taxable general obligation bonds heretofore authorized have been
issued and the City proposes to issue $555,000 of its taxable general obligation bonds to pay the costs of
the Airport Improvements.
NOW, THEXERORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY

Section 1. Definitions of Words and Terms. In addition to words and terms defined elsewhere
herein,, the following words and terms in this Ordinance shall have the meanings hereinafter set forth.
and vice versa, and words importing persons shall include firms, associations and corporations, including
public bodies, as well as natural persons.
inclusive, K.S.A. 10-427 et seq., K.S.A. 10-620 et seq., K.S.A. 12-6a01 et seq., K.S.A. 12-685, K.S.A.
13-055a and 13-1055b, K.S.A. 12-1736, K.S.A. 12-1737, K.S.A. 13-1024a, as amended by Charter
Resolution No. 35 of the City and K.S.A. 65-163d through 65-163u, as amended and supplemented from
time to time.
"Airport Improvements" means the airport improvements referred to in the preamble to this
Ordinance.
JIN402722UviINUTESAND ORDINANCE4
4
"Bond and Interest Fund" means the Bond and Interest Fund of the City for its general
obligation bonds.
"Bond Resolution" means the resolution to be adopted by the governing body of the City
,
prescdbing the terms and details of the Bonds and making covenants with respect thereto.
ttBondsttmeans collectively, the Series 2001 Bonds and the Series 2001-B Bonds, authorized by
this &dinance.
"City" means the City ofNewton, Kansas.
"Clerk" means the duly appointed and acting Clerk of the Issuer or, in the Clerk's absence, the
duly appointed Deputy Clerk or Acting Clerk.
"Code" means the Internal Revenue Code of 1986;as amended, and the applicable regulations
proposed or promulgated thereunder of the United States Department of the Treasury.
"lmprovementsnmeans the improvements referred to in the preamble to this Ordinance.
"Mayor" means the duly elected and acting Mayor or, in the Mayor's absence, the duly
appointed andlor elected Vice Mayor or Acting Mayor of the City.
"Ordinance" means this Ordinance authorizing the issuance of the Bonds.
"Refunded Bond Resolution" means the Series 1994 Resolution, which authorized the
R e h d e d Bonds.
"Refunded Bonds" means the Series 1994 Bonds maturing in the years 2002 to 2009, inclusive,
in the aggregate principal amount of $965,000.
: "Series 1994 Bondst' means the Issuer's General ObIigation Bonds, Series 1994 dated
December 1,1994.
"Series 1994 Resolution" means jointly the Issuer's Ordinance No. 4139-94 and Resolution No.
G-589, which authorized the Series 1994 Bonds.
ltSeries2001 Bonds" means the Issuer's General Obligation Refunding and Improvement Bonds,
Series 2001, in the aggregate principal amount of $7,285,000, and dated August 15,2001.
"Series 2001-B Bonds" means the Issuer's Taxable General Obligation Bonds, Series 2001-B, in
the aggregate,principalamount of $555,000, and dated August 15,2001.
"Statewmeans the State of Kansas.
Section 2. Authorization of the Bonds. There shall. be issued and hereby are authorized and
directeil to beissued: (a) the General Obligation Refunding and Improvement Bonds, Series 2001, of the
City in the principal amount of $7,285,000, for the purpose of providing fbnds to refund the Refunded
Bonds.and to pay a portion of the costs of the Improvements; and (b) the Taxable General Obligation
U T E ORDINANCE4
J L M ~ O Z ~ ~ ~ \ M I N AND S
1 5
Bonds, series 2001-B, of the City in the principal amount of $555,000, for the purpose of providing the
funds to pay the costs of the Au-port Improvements.
Section 3. Security for the Bonds. The Series 2001 Bonds shall be general obligations of the
City payable gas to both principal and interest in part from special assessments levied upon the property
within,theterritorial limits of the City. The balance of the principal and interest on the Series 2001 Bonds
is payable f?om ad valorem taxes which may be levied without limitation as to rate or amount upon all the
taxable tangible property, real and personal, within the territorial limits of the City. The Series 2001-B
Bonds,shall be general obligations of the City payable as to both principal and interest fiom ad valorem
taxes which may be levied without limitation as to rate or amount upon all the taxable tangible property,
real and personal, within the territorial limits of the City. The full faith, credit and resources of the City
are hereby irrevocably pledged for the prompt payment of the principal of and interest on the Bonds as the
same become,due.
, Section 4. Terms, Details and Conditions of the Bonds. The Bonds shall be dated and bear
interest, shallcmature and be payable at such times, shall be in such forms, shall be subject to redemption
and payment prior to the maturity thereof, and shall be issued and delivered in the manner prescribed and
subject to the provisions, covenants and agreements set forth in a resolution or resolutions hereinafter
adopted by the governing body of the City.
Section 5. Levy and Collection of Annual Tax. The governing body of the City shall annually
make provision for the payment of principal of, premium, if any, and interest on the Bonds as the same
become due by levying and collecting the necessary taxes andtor assessments upon all of the taxable
tangible property within the City in the manner provided by law.
The taxes andlor assessments above referred to shall be extended upon the tax rolls in each of the
the general ad valorem taxes of the City are levied and collected, shall be used solely for the payment of
the principal of and interest on the Bonds as and when the same become due and the fees and expenses of
the Paying Agent. The proceeds derived from said taxes and/or assessments shall. be deposited in the
Bond and Interest Fund.
interest out of the general h d s of the City and to reimburse said general funds for money so expended
when said taxes and/or assessments are collected.
Section 6. Tax Covenants. The City covenants and agrees that (a) it will comply with all
applicable provisions of the Code, including Code $ 103 and 141 through 150, necessary to maintain the
exclusion from federal gross income of the interest on the Series 2001 Bonds; and @) it will not use or
permit the use of any proceeds of Series 2001 Bonds or any other funds of the City, nor take or permit any
other action, or fail to take any action, which would adversely affect the exclusion from federal gross
income of the interest on the Series 2001 Bonds. The City will also adopt such other ordinances or
resoIutions and take such other actions as may be necessary to comply with the Code and with other
applicable future law, in order to ensure that the interest on the Series 2001 Bonds will remain excluded
fiom federal gross income, to the extent any such actions can be taken by the City.
JLN\402722\MINUTESAND ORDINANCE4
: Section 7. Further Authority. The Mayor, Clerk and other City officials are hereby M e r
authorized and directed to execute any and all documents and take such actions as they may deem
necessary or advisable in order to carry out and perform the purposes of the Ordinance, and to make
alterations, changes or additions in the foregoing agreements, statements, instruments and other
documents herein approved, authorized and confirmed which they may approve, and the execution or
taking]of such action shall be conclusive evidence of such necessity or advisability.
Section 8. Governing Law. This Ordinance and the Bonds shall be governed exclusively by
and co&trued in accordance with the applicable laws of the State.
Section 9. Effective Date. This Ordinance shall take effect and be in full force from and after
its passage by the governing body of the City and publication in the official City newspaper.
PALANCE OF THIS PAGE INTENTIONALLY LEFT BLANK]

PASSED by the governing body of the City on August 14,2001 and signed by the Mayor.
AF'PROVEQ AS TO FORM ONLY.
PALANCE OF PAGE INTfENTIONALLY LEFT BLANK]

CERTIFICATE
I hereby certib that the foregoing is a true and correct copy of the original ordinance; that said
Ordinbce was passed on August 14, 2001; that the record of the final vote on its passage is found on
page -of journal ; and that it was published in The Newton Kansan on August a 200 1.
DATED: ~ u g u s t n
2001.

+A.
JLN\402722UiWES AND ORDINANCE2

Gdmore & Bell, P.C.
08/14/2001
RESOLUTION NO. G815
ADOPTED
AUGUST 14,2001
$555,000
SERIES 2001-B
TABLE OF CONTENTS
ARTICLE 1
DEFINITIONS
Section 101. Definitions of Words and Terms ............................................................................................. 1
ARTICLE 11
AUTHORIZATIONAND DETAILS OF THE BONDS
Section 201. Authorization of the Bonds............................ . . .................................................................... 8

Section 202 . Description of the Bonds ........................................................................................................ 8
Section 203. Designation of Paying Agent and Bond Registrar................................................................. 8
Section 204. Method and Place of Payment of the Bonds .......................................................................... 9
Section 205. Payments Due on Saturdays, Sundays and Holidays ............................................................. 9
Section 206. Registration, Transfer and Exchange of Bonds .................... . . . . ..................................... 10
Section 207. Execution, Registration,Authentication and Delivery of Bonds................................. . . . 11
Section 208. 'Mutilated, Lost, Stolen or Destroyed Bonds ................................................................. 11
Section 209. Cancellation and Destruction of Bonds Upon Payment .................... . . .............................12
Section 211. Sale of the Bonds - Bond Purchase Agreement .................................................................... 12
ARTICLE ZU
REDEMPTION OF BONDS
Section 301. : Redemption by Issuer ....................

....... ........................................................................... 12
Section 302. Selection of Bonds to be Redeemed ..................................................................................... 12
Section 303. .Notice and Effect of Call for Redemption.............. . . ..................................................... 13
ARTICLE Iv
SECURITY FOR BONDS
Section 401 . Security for the Bonds ........................ .

........................................................................ 15
Section 402. Levy and Collection ofAnnual Tax.................................................................................... 15
ARTICLE V
ESTABLISHMENT OF FUNDS AND ACCOUNTS DEPOSIT AND APPLICATION OP BOND

PROCEEDS
Section 501. Creation of Funds and Accounts ........................................................................................ 15

Section 502. Deposit of Bond Proceeds ............................................................................................... 15
Section 503. Application of Moneys in the Improvement Fund ............................................................... 16
Section 504. Application of Moneys in Debt ServiceAccount ................................................................. 16
Section 505. Intentionally Omitted ...............................
...................................................................... 17
Section 506. Deposits and Investment of Moneys ...................... . . ....................................................... 17
Section 507. Application of Moneys in the Costs of Issuance Account ................................................17
ARTICLE V I
DEFAU;LTAND REMEDIES
Section 601. Remedies..................................

........ ....................................................................... 17
Section 602. Limitation on Rights of Owners ...................... ... ..............................................................1 8
section 603. Remedies Cumulative........................................................................................................... 18
ARTICLE MI
DEFEASANCE
Section 70 1. efeasan
ARTICLE VII
Section 801. Annual

. Audit...................
. ...... ...... . ..... . ....................... 19
Section 802. Amendments....................................................................................................................... 1 9
Section 803. Notices, Consents and Other Instruments by Owner....................,........................................ 20
Section 804. Notices................................................................................................................... 21
Section 805. Further Authority .............................................................................................. ,....................21
Section 806. Severability.......................................................................................................................... 21
Section 807. 'GoverningLaw ...................................................................................................................... 21
Section 808. Effective Date .......................... .
...
..................................................................................-21
EXHIBITA :FORM OF BONDS ............................................................................................................ A-1

A RESOLUTION PRESCRIBING THE FORM AND DETAILS OF AND

AUTHORIZING AND DIRECTING THE SALE AND DELIVERY OF $555,000
PRINCIPAL AMOUNT OF TAXABLE G E N E W OBLIGATION BONDS,
SERIES 2001-B, OF THE CITY OW NEWTON, KANSAS, PREVIOUSLY
AUTHORTZED BY ORDXNANCE NO. 4384-01 OF THE ISSUER, MAKI[NG
CERTAIN COVENANTS AND AGREEMENTS TO PROVIDE FOR TEE
P A m N T AND SECURITY THEREOF; AND ATJTHORIZING CERTAIN
O T m R DOCUMENTS AND ACTIONS CONNECTED THEREWITH.
WEEREAS, the Issuer has heretofore adopted the Ordinance authorizing the issuance of the
Bonds; and
the Bonds.
NOW, THEREFORE, BE IT RESOLWID BY THE GOVERNING BODY OF THE CXTY

ARTICLE I
DEFINITIONS
shall include the plural and vice versa, and words importing persons shall include firms, associations and
inclusive, K.S.A. 10-620 et seq. K.S.A. 12-1736 andK.S.A. 12-1737, as amended and supplemented from
time to time.
"Airport Improvements" means the airport improvements referred to in the preamble to the
Ordinance.
"Beneficial Owner" of the Bonds includes any Owner of the Bonds and any other Person who,
"Bond and Interest Fund" means the Bond and Interest Fund of the Issuer for its general
obligation bonds.
"Bond Counsel" means the firm of Gilmore & Bell, P.C., or any other attorney or firm of
attorniys whose expertise in matters relating to the issuance of obligations by states and their political
"Bond Purchase Agreement" means the Bond Purchase Agreement dated as of August 14,2001
between the Issuer and the Purchaser.
"Bond Registrart'means the State Treasurer, and any successors and assigns.
"Bonds" means the Taxable General Obligation Bonds, Series 200143, authorized and issued by
the Issuer pursuant to the Ordinance and this Bond Resolution.
"Cede & Co." means Cede & Go., as nominee of DTC and any successor nominee of DTC.
"Codeffmeans the Internal Revenue Code of 1986, as amended, and the applicable regulations
promulgated thereunder by the United States Department of the Treasury,
"Consulting Engineer" means an independent engineer or engineering firm,having a favorable

reputa&n for skill and experience in the construction, financing and operation of public facilities, at the
time employed by the Issuer for the purpose of carrying out the duties imposed on the Consulting
Engineer by t h s Bond Resolution,
"Costs of Issuance" means all costs of issuing the Bonds, including but not limited to all
publication, printing, signing and mailing expenses in connection therewith, registration fees, financial
advisory fees, all legal fees and expenses of Bond Counsel and other legal counsel, expenses incurred in
connection with compliance with the Code, all expenses incurred in connection with receiving ratings on
the Bonds, and any premiums or expenses incurred in obtaining municipal bond insurance on the Bonds.
"Costs of Issuance Account" means the Costs of Issuance Account for Taxable General
Obligation Bonds, Series 2001-B created pursuant to Section 501 hereof.
"DatedDate" means August 15,2001.

. "Debt Service Account" means the Debt Service Account for Taxable General Obligation
Bonds, Series.200143 (within the Bond and Interest Fund) created pursuant to Section 501 hereof.
"Debt Service Requirements" means the aggregate principal payments (whether at maturity or
pasuant to scheduled mandatory sinking fund redemption requirements) and interest payments on the
Bonds, for the period of time for which calculated; provided, however, that for purposes of calculating
Requirements to the extent that such principal or interest is payable from amounts deposited in trust,
"Defaulted Interest" means interest on any Bond which is payable but not paid on any Interest
Payment Date.
. (a) United States Government Obligations that are not subject to redemption in
advance of their maturity dates; or
(b) obligations of an)! state or political subdivision of any state, the interest on which
is excluded from gross income for federal income tax purposes and which meet the following
conditions:
(1) the obligations are (ij not subject to redemption prior to maturity or (ii)
the trustee for such obligations has been given irrevocable instructions concerning their
calling and redemption and the issuer of such obligations has covenanted not to redeem
such obligations other than as set forth in such instructions;
(2) the obligations are secured by cash or United States Government

Obligations that may be applied only to principal of, premium, if any, and interest
payments on such obligations;
(3) such cash and the principal of and interest on such United States
Government Obligations (plus any cash in the escrow fund) are sufficient to meet the
liabilities of the obligations;
(4) such cash and United States Government Obligations serving as security
for the obligations are held in an escrow fund by an escrow agent or a trustee irrevocably
in trust;
(5) such cash and United States Government Obligations are not available to
satisfy any other claims, including those against the trustee or escrow agent; and
(6) the obligations are rated in the highest rating category by Moody's
(presently "Aaa")or Standard &Poor's (presently " A M ) .
"Derivative" means any investment instrument whose market price is derived from the
(a) Payment of the principal 'md of the redemption premium, if any, of any of the Bonds
(b) Payment of any installment of interest on any of the Bonds shall not be made when
the same shall become due; or
' covenants, conditions, agreements and provisions contained in the Bonds or in this Bond
Resolution on the part of the Issuer to be performed, and such default shall continue for thirty
(30) days after written notice specifying such default and requiring same to be remedied shall
have been given to the Issuer by the Owner of any of the Bonds then Outstanding.
lfPiscalYear"means the twelve month period ending on December 3 1.
"Funds and Accounts" means funds and accounts created pursuant to or referred to in Section
501 hereof.
"Improvement Fund" means the Improvement Fund for Taxable General Obligation Bonds,
Series 200143 created pursuant to Section 501 hereof.
. "Independent Accountant" means an independent certified public accountant or firm of

out the dutiesimposed on the Independent Accountant by fhis Bond Resolution.
"Interest Payment Date(s)" means the Stated Maturity of an installment of interest on any Bond
which shall be March 1 and September 1 of each year, commencing March'l, 2002.
the Purchase Price.
Bond becomes due and payable as therein and herein provided, whether at the Stated Maturity thereof or
appointed andfor elected Vice Mayor or Acting Mayor of the Issuer.
llMoody'~"means Moody's Investor's Service, Inc., a corporation organized and existing under
the laws of the State of Delaware, and its successors and assigns, and, S such corporation shall be dissolved
or liquidated or shall no longer perfom the functions of a securities rating agency, "Moody's" shall be
deemed to refer to any other nationally recognized securities rating agency designated by the Issuer.
"Notice Address" means with respect to the following entities:
To the Issuer at:
City Hall
201 E. 6th
P.O. Box 426
To the Paying Agent at:

900 Southwest Jackson, Suite 201
To the Purchaser:
Midland National Bank

527 Main
P.O. Box 427
To the Rating Agency(ies):

99 Church Street
Standard & Poor's Ratings Services,

a division of the McGraw-Hill Companies
"Notice Representative" means:
(a) With respect to the Issuer, the Clerk
(b) With respect to the Bond Registrar and Paying Agent, the Municipal Bond Clerk.
(c) With respect to any Purchaser, the President.

as amended &om time to time.
(a) Bonds theretofore canceled by the Paying Agent or delivered to the Paying Agent
for cancellation;
(b) Bonds deemed to be paid in accordance with the provisions of Section 701
hereof; and
(c) Bonds in exchange for or in lieu of which other Bonds have been authenticated
and delivered hereunder.
"Owner" when used with respect to any Bond means the Person in whose name such Bond.is
"PayingAgent" means the State Treasurer, and any successors and assigns.
"Permitted Investments" shall mean the investments hereinafter described, provided, however,
no moneys or funds shall be invested in a Derivative: (a) investments authorized by K.S.A. 12-1675 and
amendments thereto; ( G ) direct obligations of the United States Government or any agency thereof; (d) the
Issuer's temporary notes issued pursuant to K.S.A. 10-123 and amendments thereto; (e) interest-bearing
time deposits, in commercial banks or trust companies located in the county or counties in which the
Issuer is located which are insured by the Federal Deposit Insurance Corporation or collateralized by
securities described in (c); ( f ) obligations of the federal national mortgage association, federal home loan
banks or the federal home loan mortgage corporation; (g) repurchase agreements for securities described
in (c) or (0; (h) investment agreements or other obligations of a financial institution the obligations of
which at the time of investment are rated in either of the three highest rating categories by Moody's or
Standard & Poor's; (i) investments and shares or units of a money market fund or trust, the portfolio of
which is comprised entirely of securities described in (c) or (0; (j) receipts evidencing ownership interests
in securities or portions thereof described in (c) or (0;(k) municipal bonds or other obligations issued by
any municipality of the State as defined in K.S.A. 10-1101 which are general obligations of the
municipality issuing the same; or (1) bonds of any municipality of the State as defined in K.S.A. 10-1101
which have been refunded in advance of their maturity and are fully secured as to payment of principal
and interest thereon by deposit in trust, under escrow agreement with a bank, of securities described in (c)
or (f),, all as may be further restricted or modified by amendments to applicable State law.
"Person" means any natural person, corporation, partnership, joint venture, association, firm,
"Purchase Pricef1means 100% of the principal amount of the Bonds plus accrued interest to the
date 05 delivery.
"Purchaser" means Midland National Bank, Newton, Kansas, the original purchaser of the
"Rating Agency" means Moody's or Standard & Poor's and any other company, agency or entity
that provides ratings for the Bonds.
"Record Datesf1for the interest payable on any Interest Payment Date means the fifteenth day
(whet& or not a Business Day) of the calendar month next preceding such Interest Payment Date.
"Redemption Datef' when used with respect to any Bond to be redeemed means the date fixed
for theredemption of such Bond pursuant to the terms of this Bond Resolution.
which:such Bond is to be redeemed pursuant to the terms of this Bond Resolution, including the
applicable redemption premium, if any,but excluding installments of interest whose Stated Maturity is on
"Special Record Date" means the date fvced by the Paying Agent pursuant to Section 204 hereof
"Standard & Poor's1' means Standard & Poor's Ratings Services, a Division of the McGraw-
Hill Companies, a corporation organized and existing under the laws of the State of New York, and its
the hctions of a securities rating agency, Standard & Poor's shall be deemed to refer to any other
nationally recognized securitiesrating agency designated by the Issuer.
"Stated Maturity" when used with respect to any Bond or any installment of interest thereon
"Treasurer" means the duly appointed andlor elected Treasurer or, in the Treasurer's absence, the -

interest on which are fully and unconditionally guaranteed as to full and timely payment by, the United
States ,of Anierica, including evidences of a direct ownership interest in future interest or principal
payment on obligations issued by the United States.of America (including the interest component of
rating service and such obligations are held in a custodial account for the benefit of the Issuer.
ARTICLE 11
AUTHORIZATION AND DETAILS OF TTRE BONDS
directed to be issued pursuant to the Ordinance in the principal amount of $555,000, for the purpose of
providing funds to: (a) pay the costs of the Airport Improvements; and (b) pay Costs of Issuance.
Section 202. Description of the Bonds. The Bonds shall consist of fully registered bonds in an
Authorized Denomination, and shall be numbered in such manner as the Bond Registrar shall determine.
All of the Bonds shall be dated as of the Dated Date, shall become due in the amounts, on the Stated
Maturities, subject to redemption and payment prior to their Stated Maturities as provided in Article I17
hereof, and shall bear interest at the rates per annurn as follows:
Stated Maturity Principal Annual Rate Stated Maturity Principal Annual Rate
September 1 Amount of Interest September 1 Amount of Interest
2002 $10,000 7.00% 2007 $20,000 7.00%
2003 15,000 7.00% 2008 20,000 7.00%
2004 15,000 7.00% 2009 20,000 7.00%
2005 325,000 7.00% 2010 25,000 7.00%
2006 20,000 7.00% 201 1 85,000 7.00%
hereof.
Each,of the Bonds, as originally issued or issued upon transfer, exchange or substitution, shall be
printed,in accordance with the format required by the Attorney General of the State and shall be
substantially in the form attached hereto as EXHIBITA or as may be required by the Attorney General
Section 203. Designation of Paying Agent and Bond Registrar. The State Treasurer is hereby
designated as the Paying Agent for the payment of principal of and interest on the Bonds and Bond
to appoint a successor Paying Agent or Bond Registrar by (a) filing with the Paying Agent or Bond
Registrar then performing such function a certified copy of the proceedings giving notice of the
termination of such Paying Agent or Bond Registrar and appointing a successor, and (b) causing notice of
appointment of the successor Paying Agent and Bond Registrar to be given by first class mail to each
Own&. No resignation or removal of the Paying Agent or Bond Registrar s@l become effective until a
successor hasbeen appointed and has accepted the duties of Paying Agent or Bond Registrar.
, Every Paying Agent or Bond Registrar appointed hereunder shall at all times meet the
, The principal or Redemption Price of each Bond shall be paid at Maturity to the Person in whose
name ,such Bond is registered on the Bond Register at the Maturity thereof, upon presentation and
or at such other address as is furnished to the Paying Agent in writing by such Owner or (b) in the case of
than 15 daysprior to the Record Date for such interest, containing the electronic transfer instructions
including the,bank ABA routing number and account number to which such Owner wishes to have such
transfer directed.
a Notwithstanding the foregoing provisions of this Section, any Defaulted Interest with respect to
payabIe to the Owner in whose name such Bond is registered at the close of business on the Special
Record Date .for the payment of such Defaulted Interest, which Special Record Date shall be fixed as
hereinafter specified in this paragraph. The Issuer shall notrfy the Paying Agent in writing of the amount
of Defaulted Jnterest proposed to be paid on each Bond and the date of the proposed payment (which date
shall be at least 30 days afker receipt of such notice by the Paying Agent) and shall deposit with the
Record Date.
interest on alliBondsand at least annually shall forward a copy or summary of such records to the Issuer.
Section 205. Payments Due on Saturdays, Sundays and Holidays. In any case where a Bond
Payment Date is not a Business Day, then payment of principal, Redemption Price or interest need not be
made on such Bond Payment Date but may be made on the next succeeding Business Day with the same
force and effect as if made on such Bond Payment Date, and no interest shall accrue for the period after
such Bond Payment Date.
long as any cif the Bonds remain Outstanding, it will cause the Bond Register to be kept at the office of
0-ei thereof on the Bond Register.
transfk or exchange such Bond for a new Bond or Bonds in any authorized denomination of the same
exchange.
I Bonds presented for transfer or exchange shall be accompanied by a written instrument or

agent.
The Issuer shall pay the fees and expenses of the Bond Registrar for the registration, transfa and
result of such failure. In compliance with Code 8 3406, such amount may be deducted by the Paying
Agent :&omamounts otherwise payable to such Owner hereunder or under the Bonds.
. The Issuer and the Bond Registrar shall not be required (a) to register the transfer or exchange of
paying Agent pursuant to Section 303 hereof and during the period of 15 days next preceding the date of
period beginriing at the opening of business on the day after receiving written notice fiom the Issuer of its
notice to the conirary.
Register may be inspected and copied by the Owners (or a designated representative thereof) of 10% or
more in principal amount of the Bonds then Outstanding or any designated representative of such Owners
whose'authority is evidenced to the satisfaction of the Bond Registrar.
the manual. or facsimile signature of the Clerk and the seal of the Issuer shall be affixed thereto or
impridted thereon. The Mayor and Clerk are hereby authorized and directed to prepare and execute the
Bondsiin the manner herein specified, and to cause the Bonds to be registered in the office of the Clerk,
which,registration shall be evidenced by the manual or facsimile signature of the Clerk with the seal of
~ r e a s & rwith the seal of the State Treasurer affixed thereto or imprinted thereon. In case any officer
attached hereto as EXHIBITA hereof, which shall be manually executed by an authorized off~ceror
purpose unless and until such certScate of authentication has been duly executed by the Bond Registrar.
destruction, less or theft of any Bond, and (b) there is delivered to the Issuer and the Bond Registrar such
of any isuch mutilated, destroyed, lost or stolen Bond, a new Bond of the same Stated Maturity and of like
Upon the issuance of any new Bond under this Section, the Issuer may require the payment by the
Owne~of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation
thereto and any other expenses (including the fees and expenses of the Paying Agent) connected
therewith.
ratably with dl other Outstanding Bonds.
Section 209. Cancellation and Destruction of Bonds Upon Payment. All Bonds that have
Bonds so cancelled and destroyed and shall file an executed counterpart of such certificate with the Issuer;
-
Section 211. Sale of the Bonds Bond Purchase Agreement. The Mayor is hereby authorized
to enter into the Bond Purchase Agreement between the Issuer and the Purchaser in substantially the form
submitted to the governing body concurrently with the adoption of the Bond Resolution, under which the
Issuer agrees to sell the Bonds to the Purchaser on the Issue Date for the Purchase Price, upon the terms
and conditions set forth therein and with such changes therein as shall be approved by the Mayor, which
officer,is hereby authorized to execute the Bond Purchase Agreement for and on behalf of the Issuer, such
officer's signature thereon being conclusive evidence of his or her approval thereof.
ARTICLE III
REDEMPTION OF BONDS
Optio~zalRedemption. At the option of the Issuer, Bonds or portions thereof maturing in the
years 2005 q d thereafter may be called for redemption and payment prior to their Stated Maturity on
September 1,2004, and thereafter as a whole or in part at any time (selection of maturities and the amount
of Bonds of each maturity to be redeemed to be determined by the Issuer in such equitable manner as it
may determine), at the Redemption Price of 100% (expressed as a percentage of the principal amount),
plus accrued interest thereon to the Redemption Date.
(a) In the event the Issuer desires to call the Bonds for redemption prior to maturity, witten
notice of such intent shall be provided to the Bond Registrar in accordance with K.S.A. 10-129,
as amended, not less than 45 days prior to the Redemption Date. The Bond Registrar shall call
Bonds for redemption and payment and shall give notice of such redemption as herein provided
upon:receipt by the Bond Registrar at least 45 days prior to the Redemption Date of written
instructions of the Issuer specifying the principal amount, Stated Maturities, Redemption Date
and Redemption Prices of the Bonds to be called for redemption. If the Bonds are refunded more
than 90 days in advance of such Redemption Date, any escrow agreement entered into by the
Issuer in connection with such refunding shall provide that such written instructions to the Paying
Agent shall be given by the escrow agent on behalf of the Issuer not more than 90 days prior to
the Redemption Date. The Paying Agent may in its discretion waive such notice period so long
as the notice requirements set forth in Sectio~z303 are met.
(b) Bonds shall be redeemed only in an Authorized Denomination. When less than
. all of the Bonds are to be redeemed and paid prior to their Stated Maturity, such Bonds shall be
' redeemed in such manner as the Issuer shall determine. Bonds of less than a 111 Stated Maturity
shall be selected by the Bond Registrar in a minimum Authorized Denomination of principal
amount in such equitable manner as the Bond Registrar may determine.
than :a minimum Authorized Denomination are then Outstanding, then for all purposes in
connection with such redemption each a minimum Authorized Denomination of face value shall
s be treated as though it were a separate Bond of the denomination of a minimum Authorized
Denomination. If it is determined that one or more, but not all, of the a minimum Authorized
Denomination of face value represented by any Bond is selected for redemption, then upon notice
of intention to redeem such a minimum Authorized Denomination, the Owner or the Owner's duly
authorized agent shall forthwith present and surrender such Bond to the Bond Registrar: (1) for
payment of the Redemption Price and interest to the Redemption Date of such a minimum
Authorized Denomination of face value called for redemption, and (2) for exchange, without
charge to the Owner thereof, for a new Bond or Bonds of the aggregate principal amount of the
unredeemed portion of the principal amount of such Bond. If the Owner of any such Bond fails
' to present such Bond to the Paying Agent for payment and exchange as aforesaid, such Bond
shall, nevertheless, become due and payable on the redemption date to the extent of the a
minimum Authorized Denomination of face value called for redemption (and to that extent only).
Section303. Notice and Effect of Call for Redemption. Unless waived by any Owner of
Bond Registrar and the Purchaser. In addition, the Issuer shall cause the Bond Registrar to give written
notice.of redemption to the Owners of said Bonds. Each of said written notices shall be deposited in the
United States fust class mail not less than 30 days prior to the Redemption Date.
(a) the Redemption Date;
(c) if less than all Outstanding Bonds are to be redeemed, the identification (and, in
the case of partial redemption of any Bonds, the respective principal amounts) of the Bonds to be
redeemed;
(d) a statement that on the Redemption Date the Redemption Price will become due
and payable upon each such Bond or portion thereof called for redemption and that interest
thereon shall cease to accrue from and after the Redemption Date; and
(e) the place where such Bonds are to be surrendered for payment of the Redemption
Price, which shall be the principal offlce of the Paying Agent.
money sacient to pay the Redemption Price of all the Bonds or portions of Bonds that are to be
redeenied on such Redemption Date.
be redeemedkhall become due and payable on the Redemption Date, at the Redemption Price therein
specified, and from and after the Redemption Date (unless the Issum defaults in the payment of the
Redeniption Price) such Bonds or portion of Bonds shall cease to bear interest. Upon surrender of such
Bonds,for redemption in accordance with such notice, the Redemption Price of such Bonds shall be paid
by theipaying ~ ~ e nInstallments
t. of interest due on or prior to the Redemption Date shall be payable as
herein.provided for payment of interest. Upon surrender for any partial redemption of any Bond, there
shall be prepared for the Owner a new Bond or Bonds of the same Stated Maturity inthe amount of the
' In addition to the foregoing notice, further notice may be given by the Issuer or the Bond
Registrar on behalf of the Issuer as set out below, but no defect in said further notice nor any failure to
give all or any portion of such further notice shall in any manner defeat the effectiveness of a call for
redemption if oEcial notice thereof is given as above prescribed.
(a) Each further notice of redemption given hereunder shall contain the information
required abbve for an official notice of redemption plus (1) the CUSP numbers of all Bonds
being redeemed; (2) the date of issue of the Bonds as originally issued; (3) the rate of interest
borne by each Bond being redeemed; (4) the maturity date of each Bond being redeemed; and (5)
' any other descriptive information needed to identify accurately the Bonds being redeemed.
@) Each further notice of redemption shall be sent at least one day before the
mailing of notice to Owners by first class, registered or certified mail or overnight delivery, as
: determined by the Bond Registrar, to all registered securities depositories then in the business of
holding substantial amounts of obligations of types comprising the Bonds and to one or more
national information services that disseminate notices of redemption of obligations such as the
Bonds.
(c) Each check or other transfer of funds issued for the payment of the Redemption
Price, of Bonds being redeemed shall bear or have enclosed the CUSP number of the Bonds
being redeemed with the proceeds of such check or other transfer.
The Paying Agent is also directed to comply with any mandatory or voluntary standards then in
effect 'for processing redemptions o f municipal securities established by the State or the Securities and
Exchahge Commission. Failure to comply with such standards shall not affect or invalidate the
redemption of any Bond.
SECURITY FOR BONDS
: Section401. Security for the Bonds. The Bonds shall be general obligations of the Issuer
payable as to both principal and interest from ad valorem taxes which may be levied without limitation as
to rate or amount upon all the taxable tangible property, real and personal, within the territorial limits of
the Issuer. The full faith, credit and resources of the Issuer are hereby irrevocably pledged for the prompt
payment of the principal of and interest on the Bonds as the same become due.
Section 402. Levy and Colllection of Annual Tax. The governing body of the Issuer shall
same become, due by levying and collecting the necessary taxes upon all of the taxable tangible property
witbinithe Issuer in the manner provided by law.
The taxes referred to above shall be extended upon the tax rolls in each of the several years,
respectively, and shall be levied and collected at the same time and in the same manner as the other ad
valorem taxes of the Issuer are levied and collected. The proceeds derived fxom said taxes shall be
deposited in the Bond and Interest Fund, shall be kept separate and apart from all other h d s of the Issuer
shall thereafter be deposited in the Debt Service Account and shall be used solely for the payment of the
principal of and interest on the Bonds as and when the same become due, taking into account any
schedqled mandatory redemptions, and the fees and expenses of the Paying Agent.
If at any time said taxes are not collected in time to pay the principal of or interest on the Bonds
when due, the Treasurer is hereby authorized and directed to pay said principal or interest out of the
general fund; of the Issuer and to reimburse said general funds for money so expended when said taxes
are collected.
ARTICLE V
ESTABLISHMENT OF FUNDS AND ACCOUNTS

DEPOSIT AND APPLICATION OF BOND PROCEEDS
Section 501. Creation of Bunds and Accounts. Simultaneously with the issuance of the
Bonds; there shall be created within the Treasury of the Issuer the following funds and accounts:
(a) Improvement Fund for Taxable General Obligation Bonds, Series 2001-B;
(b) Debt Service Account for Taxable General Obligation Bonds, Series 2001-B; and
(c) Costs of Issuance Account for Taxable General Obligation Bonds, Series 2001-B.
Section 502. Deposit of Bond Proceeds. The net proceeds received from the sale of the Bonds
shall be deposited simultaneously with the delivery of the Bonds as follows:
(a) All accrued interest received from the sale of the Bonds shall be deposited in the
Debt Service Account.
@) The sum of $8,452.56 shall be deposited in the Costs of Issuance Account.
(c) The remaining balance of the proceeds derived from the sale of the Bonds shall
be deposited in the Improvement Fund.
Section 503. Application of Moneys in the Improvement Fund. Moneys in the Improvement
Fund shall be used for the sole purpose of paying the costs of the Airport Improvements, in accordance
with the plans and specifications therefore prepared by the Consulting Engineer heretofore approved by
the governing body of the Issuer and on file in the office of the Clerk, including any alterations in or
amendments to said plans and specifications deemed advisable by the Consulting Engineer and approved
by the governing body of the Issuer.
, Withdrawals from the Improvement Fund shall be made only when authorized by the governing
body of the Issuer. Each authorization for costs of the Airport Improvements shall. be supported by a
certificate executed by the Consulting Engineer stating that such payment is being made for a purpose
within; the scope of this Bond Resolution and that the amount of such payment represents only the
contract price of the property, equipment, labor, materials or service being paid for or, if such payment is
not being made pursuant to an express contract, that such payment is not in excess of the reasonable value
thereof. Authorizations for withdrawals for other authorized purposes shall be supported by a certificate
executed by the Issuer's Director of Finance (or designate) stating that such payment is being made for a
purpose within the scope of this Bond Resolution.
Upon completion of the Airport Improvements, any surplus remaining in the Improvement Fund
shall be deposited in the Debt Service Account.
' Section 504. Application of Moneys in Debt Service Account. All amounts paid and credited
to the Debt Service Account shall be expended and used by the Issuer for the sole purpose of paying the
principal or Redemption Price of and interest on the Bonds as and when the same become due and the
usual and customary fees and expenses of the Bond Registrar and Paying Agent. The Treasurer is
from such moneys.
' Any moneys or investments remaining in the Debt Service Account after the retirement of the
indebtedness for which the Bonds were issued shall be transferred and paid into the Bond and Interest
Fund.
I Section 505. Intentionally Omitted.
, Section 506. Deposits and Investment of Moneys. Moneys in each of the Funds and Accounts
shall be deposited in a bank, savings and loan association or savings bank: (a) organized under the laws
of the State or the United States with main offices located in the county or counties in which the Issuer is
located; or (b) under certain conditions of State law, organized under the laws of the United States or any
other state th,aeof, with main offices located outside of the State, but with a branch located in the county
or counties in which the Issuer is located. All such depositaries shall be members of the Federal Deposit
Insurance Corporation. All such deposits shall be invested in Permitted Investments as set forth in this
Article or shall be adequately secured as provided by the laws of the State. All moneys held in the Funds
and Accounts shall be kept separate and apart fiom all other funds of the Issuer so that there shall be no
commingling with any other funds of the Issuer.
Moneys held in any Fund or Account may be invested in accordance with this Bond Resolution
and the Arbitrage Instructions in Permitted Investments; provided, however, that no such investment shall
be made for a period extending longer than to the date when the moneys invested may be needed for the
purpose for which such fund was created. All earnings on any investments held in any Fund or Account
shall accrue to and become a part of such Fund or Account.
Section 507. Application of Moneys in the Costs of Issuance Account. Moneys in the Costs
of Issuance Account shall be used by the Issuer to pay the Costs of Issuance. Any h d s remaining in the
Costs of Issuance Account, after payment of all Costs of Issuance, but not later than the later of 30 days
prior to the first Stated Maturity of principal or one year after the date of issuance of the Bonds, shall be
transferred to, the Improvement Fund until completion of the Arport Improvements and thereafter to the
Debt SeMce Account.
ARTICLE VI

(a) by mandamus or other suit, action or proceedings at law or in equity to enforce

the rights of such Owner or Owners against the Issuer and its oflicexs, agents and employees, and
to require and compel duties and obligations required by the provisions of the Bond Resolution or
by the Constitution and laws of the State;
(b) by suit, action or other proceedings in equity or at law to require the Issuer, its
officers, agents and employees to account as if they were the trustees of an express trust; and
(c) by suit, action or other proceedings in equity or at law to enjoin any acts or things
which may be unlawful or in violation of the rights of the Owners of the Bonds.
right of prioriredemption as provided in this Bond Resolution. No one or more Owners secured hereby
Section 603. Remedies Cumulative. No remedy conferred herein upon the Owners is intended
to be exclusive of any other remedy, but each such remedy shall be cumulative and in addition to every
other remedy ,and may be exercised without exhausting and without regard to any other remedy conferred
herein. No waiver of any default or breach of duty or contract by the Owner of any Bond shall extend to
or affect any, subsequent default or breach of duty or contract or shall impair any rights or remedies
thereon. No delay or omission of any Owner to exercise any right or power accruing upon any default
shall impair any such right or power or shall be construed to be a waiver of any such default or
expediknt. Iflaction or proceedings taken by any Owner on account of any default or to enforce any right
duties .of the owners shall continue as if no such suit, action or other proceedings had been brought or
taken.
ARTICLE VII
DEFEASANCE
this Bond Resolution and the pledge of the Issuer's faith and credit hereunder and all other rights granted
trust powers, at or prior to the Stated Maturity or Redemption Date of said Bonds or the interest paments
thereon, in trust for and irrevocably appropriated thereto, moneys andlor Defeasance Obligations which,
payment of the principal of or Redemption Pnce of said Bonds andfor interest accrued to the Stated
notice ,of redemption in compliance with Section 302(a) of this Bond Resolution. Any money and
Bonds; shall be and are hereby assigned, transferred and set over to the Paying Agent or other bank or
irrevocably appropriated to the payment and discharge thereof. All money and Defeasance Obligations
accordance with and subject to all of the provisions of h i s Bond Resolution.
. Section 801. Annual Audit. Annually, promptly after the end of the Fiscal Year, the Issuer will
cause in audit to be made of its Funds and Accounts for the preceding Fiscal Year by an Independent
Accountant.
Within 30 days after the completion of each such audit, a copy thereof shall be filed in the office
of the 'Clerk and a duplicate copy of the audit shall be mailed to the Purchaser. Such audit shall at all
times during The usual business hours be open to the examination and inspection by any taxpayer, any
Owner of any of the Bonds, or by anyone acting for or on behalf of such taxpayer or Owner. Upon
payment of the reasonable cost of preparing and mailing the same, a copy of any annual audit will, upon
request, be sent to any Owner or prospective Owner.
As soon as possible after the completion of the annual audit, the governing body of the Issuer
shall review such audit, and if the audit discloses that proper provision has not been made for all of the
requirements of this Bond Resolution, the Issuer shall promptly cure such deficiency;
respect by resolution of the Issuer with the written consent of the Owners of not less than a majority in
principal amount of the Bonds then Outstanding, such consent to be evidenced by an instrument or
instruments executed by such Owners and duly acknowledged or proved in the manner of a deed to be
recorded, and such instrument or instruments shall be filed with the Clerk, but no such modification or
alteration shall:
(b) effect a reduction in the amount which the Issuer is required to pay as principal of
or interest on any Bond;
(d) reduce the percentage in principal amount of Bonds required for the written
consent to any modification or alteration ofthe provisions of this Bond Resolution.
by resblution~dulyadopted by the governing body of the Issuer at any time in any legal respect with the
written consent of the Owners of all of the Bonds at the time Outstanding.
, Without notice to or the consent of any Owners, the Issuer may amend or supplement this Bond
be granted to.or conferred upon the Owners, to more precisely identify the Anport Improvements, or in
connection with any other change therein which is not materially adverse to the interests of the Owners.
which #thewritten consent of the Owners is given, as above provided, shall be expressed in a resolution
adopted by the governing body of the Issuer amending or supplementing the provisions of this Bond
Resolution and shall be deemed to be a part of this Bond Resolution. A certified copy of every such
amendatory or supplemental resolution, if any, and a certified copy of this Bond Resolution shall always
be kept on file in the oftice of the Clerk, and shall be made available for inspection by the Owner of any
Bond or a prospective purchaser or owner of any Bond authorized by this Bond Resolution, and upon
payment of the reasonable cost of preparing the same, a certified copy of any such amendatory or
supplemental:resolution or of this Bond Resolution will be sent by the Clerk to any such Owner or
prospective Owner.
until tliere has been filed with the Clerk a copy of the resolution of the Issuer hereinabove provided for,
duly certified, as well as proof of any required consent to such modification by the Owners of the Bonds
then 0,utstanding. It shall not be necessary to note on any of the Outstanding Bonds any reference to such
amendment or modification.
The Issuer shall furnish to the Paying Agent a copy of any amendment to the Bonds or this Bond
or by .agent appointed in writing. Proof of the execution of any such instrument or of the writing
namely:
(a) The fact and date of the execution by any person of any such instrument may be
proved by a certificate of any officer in any jurisdiction who by law has power to take
acknowledgments within such jurisdiction that the person signing such instrument acknowledged
before such officer the execution thereof, or by affidavit of any witness to such execution.
(b) The fact of ownership of Bonds, the amount or amounts, numbers and other
identification of Bonds, and the date of holding the same shall be proved by the Bond Register.
not the Issuer.
Section 804. Notices. Any notice, request, complaint, demand or other communicationrequired or
desired to be given or filed under this Bond Resolution shall be in writing, given to the Notice
Representative at the Notice Address and shall be deemed duly given or filed if ihe same shall be: (a) duly
telephonic cor-fiation of receipt. Copies of such notices shall also be given to the Paying Agent. The
Issuer,,the Paying Agent and the Purchaser may fiom time to time designate, by notice given hereunder to
the others of such parties, such other address to which subsequent notices, certificates or other
communications shall be sent.
the date they are so mailed; @) fax as aforesaid shall be deemed duly given as of the date of confirmation of
notice as shall be made with the approval of the Paying Agent shall constitute a suff~cientnotice.
execution or taking of such action shall.be conclusive evidence of such necessity or advisability.
, Section 806. Severability. If any section or other part of this Bond Resolution, whether large or
small, is for any reason held invalid, the invalidity thereof shall not affect the validity of the other
constnied in accordance with the applicable laws of the State.
. Section 808. Effective Date. This Bond Resolution shall take effect and be in h l l force from
FALANCE OF THIS PAGE INTENTIONALLY LEFT BLANK]

ADOPTED by the governing body of the Issuer on August 14,2001.
Mayor
Clerk
L 4 ,
CERTIFICATE
the 1;suer adoptedby the governing body on August 14,2001 as the same appears of record in my office.
Clerk

EXHIBITA
(FORM OF BONDS)
NUMBER - $-
UNITED STATES OF AMERICA

STATE OF KANSAS
COUNTY OF HARVEY
CITY OF NEWTON
TAXABLE GENERAL OBLIGATION BOND
SERIES 2001-B

Rate: Date: Date: August 15,2001
REGISTERED OWNER:
PRINCIPAL AMOUNT:
Harvey, State,of Kansas (the "Issuer"), for value received, hereby acknowledges itself to be indebted and
promises to pay to the Registered Owner shown above, or registered assigns, but solely fi-om the source
above,:unless,called for redemption prior to said Maturity Date, and to pay interest thereon at the Interest
Rate per annum shown above (computed on the basis of a 360-day year of twelve 30-day months), from
the Dated Date shown above, or from the most recent date to which interest has been paid or duly
redemption date thereof, upon presentation and surrender of this Bond at the principal office of the
Treasurer of the State of Kansas, Topeka, Kansas (the "Paying Agent1'and "Bond Registrar"). The interest
at such other address as is W s h e d to the Paying Agent in writing by such Registered Owner or, (b) in
such Registered Owner wishes to have such transfer directed The principal or redemption price of and
thereof, is legal tender for the payment of public and private debts. Interest not punctually paid will be
. DefiGtions. Capitalized terms used herein and not othemise defined herein shall have the
. ADDITIONAL PROVISIONS OF THIS BOND ARE CONTINUED ON THE REVERSE

HEREOI? AND SHALL FOR ALL PURPOSES HAVE THE SAME EPl?ECT AS THOUGH
FULLY SET,FORTHAT THIS PLACE.
~uthe&cationand Registration hereon shall have been lawhlly executed by the Bond Registrar.
IT IS HEREBY DECLARED AND CERTIFLED that all acts, conditions, and things required
(.Facsi&le Seal) (facsimile)

Mayor
ATTEST
BY (facsimile)
Clerk
! This Bond is one of a series of Taxable General Obligation Bonds, Series 200143, of the City of
~ e w t o hKansas,
, described in the withimmentioned Bond Resolution.
Registration Date

Topeka, Kansas,
Regisgation Number 0208-040-08 1501-100
designated "Taxable General Obligation Bonds, Series 2001-B," aggregating the principal amount of
$555,0,00 (the "Bonds") issued for the purposes set forth in the Ordinance of the Issuer authorizing the
issuance of the Bonds and the Resolution of the Issuer prescribing the form and details of the Bonds
(jointly the "Bond Resolution"). The Bonds are issued by the authority of and in full compliance with the
provisions, restrictions and limitations of the Constitution and laws of the State of Kansas, including
K.S.A.. 12-1736, K.S.A. 12-1737, as amended, and all other provisions of the laws of the State of Kansas
applicable thereto.
principal and interest from ad valorem taxes which may be levied without limitation as to rate or amount
upon all the taxable tangible property, real and personal, within the territorial limits of the Issuer, The full
faith, credit and resources of the Issuer are hereby pledged for the payment of the principal of and interest
on this Bond and the issue of which it is a part as the same respectively become due.
Redemption Prior to Maturity. The Bonds are subject to redemption prior to maturity as
follows:
Optioml Redemption. At the option of the Issuer, Bonds maturing in the years 2005 and
thereafter may be called for redemption and payment prior to maturity on September 1, 2004, or
thereafter, in whole or in part at any time (selection of maturities and the amount of the Bonds of each
maturity to be,redeemed to be determined by the Issuer), at the Redemption Price of 100% (expressed as a
percentage of the principal amount), plus accrued interest thereon to the date of redemption.
Redemption Denomiizations. Whenever the Bond Registrar is to select Bonds for the purpose of
Deno&ation, if less than all of the Bonds then Outstanding are to be called for redemption, treat each
I Notice of Redemption. Notice of redemption, unless waived, shall be given by the Issuer to the
Purchaser of the Bonds and to the Bond Registrar in accordance with the Bond .Resolution. The Issuer
shall c'ause the Bond Registrar to noti@ each Registered Owner at the address maintained on the Bond
Register, such notice to be given by mailing an official notice of redemption by first class mail at least 30
days pkior to ,the redemption date. Notice of redemption having been given as aforesaid, the Bonds or
portioris of Bonds to be redeemed shall, on the redemption date, become due and payable at the
redemption price therein specified, and fiom and after such date (unless the Issuer defaults in the payment
of the redemption price), such Bonds or portions of Bonds shall cease to bear interest.
Transfer and Exchange. This Bond may be transferred or exchanged, as provided in the Bond
Resolkion, only on the Bond Register kept for that purpose at the principal office of the Bond Registrar,
maturify and. in the same aggregate principal amount shall be issued to the transferee in exchange
therefore as provided in the Bond Resolution and upon payment of the charges therein prescribed. The
Issuer shall pay all costs incurred in connection with the issuance, payment and initial registration of the
Bondsand the cost of a reasonable supply of bond blanks. The Issuer and the Paying Agent may deem
and treat the person in whose name this Bond is registered on the Bond Register as the absolute owner
hereof for the.purpose of receiving payment of, or on account of, the principal or redemption price hereof
and interest due hereon and for all other purposes. The Bonds are issued in filly registered form in
Authofized Denominations.
LEGAL OPINION

Attorneys at Law
(PFUNTED LEGAL OPINION)

BOND ASSIGNMENT
(Name and Address)
the Bond to ,which this assignment is affixed in the outstanding principal amount of $ 2
books of said Bond Registrar with full power of substitution in the premises.
Dated
Name
Social Security or
Taxpayer Identification No.

ST& OF KANSAS )
) ss.
COUNTY OF HARVEY 1
has been duly registered in my office according to law as of August 15,2001.
. WITNESS my hand and ofkicial seal.
(Facsimile Seal) Cfacsimile)

Clerk
TIM SHALLENBURGER, Treasurer of the State of Kansas, does hereby certify that a transcript
of the proceedings leading up to the issuance of this Bond has been filed in his office, and that this Bond
was registered in his office according to law on
W I T N E S S my hand and official seal.
(Facsimile Seal) (facsimile)

CERTIFIED MAIL

Landon State Office Bldg.
900 Southwest Jackson, Suite 20 1
Midland National Bank

527 Main, P.O. Box 427
RE:
CALL FOR REDEMPTION

SERIES 2001-B, DATED AUGUST 15,2001
Notice is hereby given pursuant to K.S.A. 10-129, as amended, and pursuant to the provisions
of Article 111 of Bond Resolution No. G-815 (the "Bond Resolution") of the City of Newton, Kansas (the
"Issuer"), that the above mentioned bonds described in the attached Notice of Call for Redemption (the
"Called Bonds"), have been called for redemption and payment on September 1, 2004, subject to the
availability of funds therefor.
The Paying Agent is hereby requested to disseminate the attached Notice of Call for
Redemption in accordance with K.S.A. 10-129 and the Bond Resolution. After redemption of the Called
Bonds the Paying Agent is requested to complete the attached Paying Agent's Certification and forward a
copy of same to the undersigned.
Clerk
JLN\403552.Ol\REDEMPTION
DOCS (07-15-04)
I 09/02/2004 16: 39 7852966976
NOTICE OF CALL FOR REDEMPTION

KS EONDS
TO THE REGISTERED OWNERS OF

NEWTON, KANSAS
I TAXABLE GENERAL OBLIGATION BONDS
SERIES 2001-8,DATED AUGUST 15,2001
Notice is hersby given that pursuant to the provisions of Article Ill of Bond Resolution
No. G-815 (the "Bond Resolution") of the city of Nswion, Kansas (the r'lssuer")that t h e above
mentioned bonds scheduled t o maiurs on September 1, 2005 and thereafter (the "Called
Bonds3, have bean called,for redemption and payment on September 1,2004 [the
"Redemption Date"), at the principal officeof the Treasurer of the State of Kansas (the "Bond
Registrar and Paying Agent"),
MATURITY PRINCIPAL INTEREST CUSiP

..... .. - DATE AMOUNT
.. .. .. - . RATE NOS.
, ,
-. - . .. .
,. , .
09/01/ZOO5 325,000.00 7.00% 652861WN 7

OW01/2006 20,000.00 '7.00% 652861WP6
09/0112007 20,000.00 7.00% 652861 W0.4
09/01/2008 20,000.00 7.00% 65286 1 WR2
09/0112009 20,000.00 7.00?& 652861 WSO
09/03/2010 25,000.00 7.00% 65286lW8
091'01/20 11 85,000.00 7.00% 652861WU5
On the Redemption Date there shall become d u e and payable, upon the presentation a n d
surrender of each s u c h Callsd Bond, the redemption price thereof equal to 100% of t h e principal
amount thereof together with interest accrued to t h e Redemption Date. Interest shall czase to
accrue on ills Called Bonds so called for redemption from and after the Redemption Date
I provided such funds for redemption are on deposit with the Paying Agent.
Undar the provisions of the Internal Revenue Code, paying agents making payment of
principal on municipal securities may be obligated to withhold 28% of the payment of principal to
owners who have failed to provide that paying agent with a valid Taxpay~rIdentification Number.
Owners of the above described securities will avoid such withholding by providing a certified .
Taxpayer ldenfification Number whzn presenting Securities far payment.
-~ Tha CUSIP Number is provided solely for informational purposes a n d t h s Trustee makes
y j u n ~ 1 m w a.of-+ ch.eGUS-P-Nr;cmls.e,r.
y -. .-. .. . .. --- __.- --
Bonds so called shall be submitted to Thz Office of the S t a t ~

Treasurer, 900 SW Jackson,
Suite 201, Topeka, KS., 66612-1235, Attn: Bond Services. For prompt payment, please submit
bonds two weeks prior to September 1, 20.04.
OFFICE OF THE STATEITREASURER

TOPEKA, KANSAS
This Notice of Redemption shall be mailed by certified mail to the Treasurer of the State of
Kansas, Topeka, Kansas, not less than 45 days prior to the Redemption Date and to Midland National
Bank, Newton, Kansas, the original purchaser of the Series 2001-B Bonds, not less than 30 days prior to
the Redemption Date. Notice may also be given in accordance with guidelines set forth in Securities and
Exchange Commission Release No. 34-23856, but such notice is not required by law. The Paying Agent
shall notify the registered owners of the Called Bonds as provided in K.S.A. 10-129 as amended, and the
Bond Resolution.
DOCS (07-15-04)
JLN\403552.01\REDEMPTION
KS EONDS PAGE 05/05
PAYING AGENT'S CERTIHCATION

TAXABLE GIENRAL OBLIGATION BONDS
SERIES 2001-B,DATED AUGUST 15,2001
The State Treasurer, in its capacity a.s Paying Agent for the above-captkmed Bonds, does hereby
certify as follows: . .
1. Capitalized terms not defined herein, shall. have the meanings ascribed thcrcto in. the
attached Notice of Call for Redemption m the Bond Resolution defincd therein.
2. T,he Called. Bonds have been called for redemption and payment on September 1, 2004
(thc "Redemption Datc").
3. The full redemption price of the Called Bonds and the ~ e ~2001-B
e s Bonds scheduled
to mature on the Redemption Dats (the "Maturing Bonds'') as determined pursuant to the Bond
Rcso1,utionis calculated as follows:
Principal h n o u n t of Called I3ond.s1 $515,000

Accrued Interest to Redemption Date on Called Bonds c
--,
Principal Amount of Maturing Bonds 15,000
Accrued Interest to Rede,mptionDate on Maturing Bonds 525
Total $548,550
4. T h a e was deposited with the Paying Agent the sum set forth above, which has been.
i,nevocably pledged for the payment of the principal of, redemption prcmium, if any, and interest on the
Called Bonds to the Redemption Date and thc Maturing Bonds. In addition, sufficicns knds have been
deposited to provide :for additional costs associated.with such rcdcmption.
5. The Noti.ce of Call for Redemption, a copy of whi,ch i s attached hereto, was disseminated
in accordance with K.S.A.10-129, as amended, and the Bond Resolution.
DATED: as of
TREASURER OF THE STATE OF KANSAS,

TOPEKA, KANSAS
JLNW03552,01\REDEMPTSONDOCS (07-1.5-04)
08/02/2004
TRANSCRIPT CERTIFICATE
$5,323,000 $515,000
SERIES 2004-B
The undersigned Mayor and Clerk of the City of Newton, Kansas (the "Issuer"), do hereby make
this certificate for inclusion in the transcript of and as a part of the proceedings authorizing and providing
for the issuance of the above described bonds (the "Series 2004-A Bonds," the "Series 2004-B Bonds," or
collectively, the "Bonds"); and do hereby certify as of August 10,2004, as follows:
1. Meaning of Words and Terms. Capitalized words and terms used herein, unless
otherwise defined herein or the context requires otherwise, shall have the same meanings ascribed to such
words and terms in the hereinafter defined Resolution authorizing the Bonds (the "Resolution").
2. Organization. The Issuer is a legally constituted city of the first class organized and
existing under the laws of the State of Kansas.
3. Transcript of Proceedings. The transcript of proceedings (the "Transcript") relating to

the authorization and issuance of the Bonds is to the best of our knowledge, information and belief full
and complete; none of such proceedings have been modified, amended or repealed, except as might be
shown in the Transcript, and the facts stated in the Transcript still exist. In each and every instance where
copies appear in the Transcript, such copies are true and correct duplicates of the original instruments now
on file with the Clerk.
4. Newspaper. The Newton Kansan was the official newspaper of the Issuer at all times
during these proceedings.
5. Meetings. All of the meetings of the governing body of the Issuer at which action was
taken as shown in the Transcript were either regular meetings or duly adjourned regular meetings or
special meetings duly called and held in accordance with law and the ordinances and rules of the Issuer.
6. Incumbency of Officers. The following named persons were and are the duly qualified
and acting officers of the Issuer at and during all the times when action was taken as indicated in the
Transcript as follows:
Name -
Title Term of Office
Willis G. Heck Mayor 04/03 to DATE
Commissioner 04/99 to 04/03
Grant Scott Commissioner 04/99 to DATE
Mayor 0410 1 to 04/02
Susan Jones Commissioner 04/04 to DATE
Todd Loescher Commissioner 0410 1 to DATE
Matt Treaster Commissioner 04/03 to DATE
Marjorie Roberson Commissioner 04/01 to 02/04
Mayor 04/02 to 04/03
Carl Harris Commissioner 04/95 to 04/03
Mayor 04/96 to 04/97
04/00 to 04/01
Kathryn Gaeddert Commissioner 04/99 to 04/01
Ronald R. Ahsmuhs Clerk 12/98 to DATE
7. Execution of Bonds. The Bonds have been executed with facsimile signatures; and the
facsimile signatures appearing on the face of the Bonds are facsimiles of the true and genuine signatures
of the Mayor and Clerk of the Issuer; which facsimiles are ratified as a proper execution of said Bonds.
Each signature has been duly filed in the office of the Secretary of State of Kansas pursuant to K.S.A. 75-
4001 et seq. A facsimile of the seal of the Issuer is affixed to or imprinted on each of the Bonds and on
the reverse side of each of the Bonds at the place where the Clerk has executed by facsimile signature the
Certificate of Registration; and each Bond bears a Certificate of Registration evidencing the fact that it
has been registered in the office of the Clerk. A true impression of the seal is set forth adjacent to the
signature of the Clerk below. The specimen bond included in the Transcript is in the form adopted by the
governing body of the Issuer for the Bonds.
8. Authorization of Bonds. The Series 2004-A Bonds are being issued pursuant to
Ordinance No. 4500-04 and Resolution No. G-901 Gointly the "2004-A Resolution) of the Issuer for the
purpose of paying a portion of the costs of certain infrastructure and public building improvements (the
"Improvements"). The Improvements have been duly authorized by the Issuer pursuant to K.S.A. 12-
6a01 et seq., K.S.A. 12-685 et seq., K.S.A. 12-1736 et seq., K.S.A. 13-1024a, as amended by Charter
Ordinance 'No. 35 of the City and K.S.A. 65-163d through 65-163u, as amended, and all other applicable
provisions of the laws of the State of Kansas. Estimates of the cost of the Improvements have been
presented to and approved by the governing body of the Issuer, and said estimates of cost are on file in the
office of the Clerk, and the total principal amount of the Bonds does not exceed the cost of the
Improvements for which the Series 2004-A Bonds are issued. A Statement of Cost is attached hereto as
ExhibitA and made a part hereof by reference as though fully set out herein.
The Series 2004-B Bonds are being issued pursuant to Ordinance No. 4500-04 and Resolution
No. G-902 of the Issuer for the purpose of providing funds to refund the Issuer's Taxable General
Obligation Bonds, Series 2001-B, dated August 15, 2001 (the "Series 2001-B Bonds") scheduled to
mature in the years 2005 to 2011, inclusive, in the aggregate principal amount of $515,000 (the
"Refunded Bonds). The Series 2004-B Bonds have been duly authorized by the Issuer pursuant to K.S.A.
10-427 et seq., as amended and supplemented, and all other applicable provisions of the laws of the State
of Kansas.
The interest rates on the Bonds on the date of the sale of the Bonds were within the maximum
legal limit for interest rates under K.S.A. 10-1009, as amended.
9. Bonded Indebtedness. The currently outstanding applicable indebtedness of the Issuer,

including the Bonds, does not exceed any applicable constitutional or statutory limitations. A Schedule of
Bonded Indebtedness, which sets forth all currently outstanding general obligation indebtedness of the
Issuer, is attached hereto as Exhibit B and made a part hereof by reference as though fully set out herein.
10. Valuation. The total assessed valuation of the taxable tangible property within the Issuer
for the year 2003, is as follows:
Equalized Assessed Valuation of

Taxable Tangible Property .............................................................. $89,530,111
Tangible Valuation of Motor Vehicles .................................................. 16,140,709
Equalized Assessed Tangible Valuation
for Computation of Bonded Debt Limitations ................................ $105,670,820
11. Non-litigation. There is no controversy, suit or other proceedings of any kind pending or
threatened wherein or whereby any question is raised or may be raised, questioning, disputing or affecting
in any way the legal organization of the Issuer or its boundaries, or the right or title of any of its officers
to their respective offices, or the legality of any official act shown to have been done in the Transcript
leading up to the issuance of the Bonds, or the constitutionality or validity of the indebtedness represented
by the Bonds shown to be authorized in the Transcript, or the validity of the Bonds or any of the
proceedings in relation to the issuance or sale thereof, or the levy and collection of a tax to pay the
principal of and interest thereon.
WITNESS our true and genuine manual signatures and the seal of the Issuer.
Mayor
Clerk

EXHIBIT A
STATEMENT OF COST
Re: City of Newton, Kansas - $5,323,000 General Obligation Bonds, Series 2004-A,
Dated September 1, 2004; and $5 15,000 Taxable General Obligation Refunding
Bonds, Series 2004-ByDated September 1,2004

Principal Amount of the Bonds $5,323,000.00 $515,000.00
Prepaid special assessments 103,167.49
Net Original Issue Premium 94,247.80
Total $5,520,415.29 $515,000.00
Uses of Funds:
Special Assessment Project Costs $3,381,854.22
Capital Improvements 2,016,33 1.07
Redemption Fund Deposit $5 15,000.00
Underwriter's Discount 58,380.00
Legal, financial, printing, registration, bond
costs of issuance 63,850.00
Total $5.520.415.29 -$
A- 1
EXHIBIT B
SCHEDULE OF OUTSTANDING GENERAL OBLIGATION INDEBTEDNESS

(as of September 1,2004)
GENERAL
OBLIGATION
BONDS

Series &
D Maturitv Principal Outstanding
Amount
Series 1993-A 05/01/1993 09/01/2008 $1,240,000
Series 1993-B 10/01/1993 0910 l/2OO6 2,820,000
Series 1995 11/01/1995 09/01/2005 600,000
Series 1996 11/01/1996 09/01/2011 1,320,000
Series 1997 12/01/1997 09/01/2007 1,238,000
Series 1999 11/01/1999 09/01/2019 2,125,000
Series 200 1 08/15/2001 09/01/2021 7,285,000
Series 200 1-B Taxable 08/15/2001 0910 112004 555,000
Series 2004-A (THIS ISSUE) 0910 112004 0910 112024 5,323,000
Series 2004-B Taxable (THIS 0910 112004 0910 lQO24 515,000
ISSUE)
Total
Source: Clerk
Wastewater Treatment System 1992 $1,600,000
Wastewater Treatment System 1998 1,695,000
Refunding
Water Utility System 2000 920,000
$4,215,000
Source: Clerk
Lease Obligations
JLNM03552WLOSDOCS PART I (08-02-04)

B-I
STATE OF KANSAS
OFFICE OF
SECRETARY OF STATE
RON THORNBURGH
I, RON THORNBURGH, Secretary of State of the

-- --
State of Kansas, do
- -
hereby certify that the Certificate of Manual Signature of
WILLIS G. HECK, MAYOR
was filed in this office the 12th day of August, A.D. 2004
as provided by K.S.A. 75-4001 through 75-4007.
IN TESTIMONY WHEREOF:
I hereto set my hand and cause to
be affixed my official seal. Done
at the City of Topeka, this
12th day o
f
- A.D. 2004 ,
RON THORNBURGH
SECRETARY OF STATE
.- I, RON THORNBURGH, S e c r e t a r y of S t a t e of t h e S t a t e o f . Kansas, do
hereby c e r t i f y t h a t t h e C e r t i f i c a t e of ~ a n u a l ' s i p a t u r eof
, RONALD AHSMUHS, CLERK
C I T Y OF NEWTON, KANSAS
was filed i n t h i s o f f i c e t h e 24th day of August, A.D. 2001
as provided by K.S.A. 7 5 - 4 0 0 1 through 7 5 - 4 0 0 7 .
IN TESTIMONY WHEREOF:
I h e r e t o s e t m y 'hand and cause to
be affixed m y o f f i c i a l seal. Done
a t t h e Cit-eka, this
24th day &f Aug t, A.D.
/
d
&+
RON THORNBURGH
SECRETARY OF STATE
STATE OF KANSAS
Lynn Jenkins, CPA

900 SW JACKSON ST. SUITE 201 TREASURER TELEPHONE
TOPEKA, KANSAS 666 12-1235 (785) 296-3 171
August 2,2004
Consuelo C Vinroe
Gilmore & Bell
One Main Place
100 North Main Suite 800
Wichita KS 67202-1398
RE: $5,323,000.00, City of Newton, Kansas

General Obligation Bonds, Series 2004-A
Dated September 1,2004
Dear Ms. Vinroe,

Please consider this letter confirmation of the registration number assigned by this office
to the above mentioned bond issue.
The registration number is: 0208-040-090104-427
If I can be of further assistance, please let me know.
Sincerely,
Office of the State Treasurer
By Mary LOU Carlson

Deputy Director Bond Services
STATE OF KANSAS
Lynn Jenkins, CPA

900 SW JACKSON ST. SUITE 201 TREASURER TELEPHONE
TOPEKA, KANSAS 666 12-1235 (785) 296-3171
August 2,2004
Consuelo C Vinroe
Gilmore & Bell
One Main Place
100 North Main Suite 800
Wichita KS 67202-1398
RE: $515,000.00, City of Newton, Kansas

Taxable General Obligation Refunding Bonds
Series 2004-B, Dated September 1, 2004
Dear Ms. Vinroe,

Please consider this letter confirmation of the registration number assigned by this office
to the above mentioned bond issue.
The registration number is: 0208-040-090104-428
If I can be of further assistance, please let me know.
Sincerely,
Office of the State Treasurer
Lynn Jenkins
*u
By Mary Lou Carlson
Deputy Director Bond Services
MGTSTEREI)
UNITED STATES OF AMERICA STATE OF KANSAS - 43/w
COUNTY OF HARVEY
CITY OF NEWTON
SERIES 2004-A
Maturity Dated CUSIP:

Date: Date: September I,
2004
Unless lhir eertln~ale 1, prermlcd by an authorized
REGISTERED OWNER: represrnlnllve o ~ ~ Drpotllol) h e Trurl Cumpnn)i s New
Yark Corporation ("DTC"), lo the Irsuer o r llr q t n t ror
rrglrlrnllon of Imnrrer, crchnnge or paynlmt, nnd any
~ ~ r l l n c o l ~ l r rIsvregislarod
rd In lhr nnmeofCedc&Co. o r
In such olher name ar I t rrquzrad by an nulharbed
r~pnrtntstlveo~DTC[~ndanypqm~ntlsmsdcloC~de&
Co.orlorucholherenllhjnr I~rrquertedbyanaulhorbcd
reprncnlnllw of DTC), ANY TRANSFER PLEDGE. OR
OTHEll USE IIEREOF FOR VALUE OR OTIIER\VISE
BY OR TD ANY PERSON I S WIIOXGFULIIID~~U~~ *I
the rrglrtenl owner h~rcof,Cede & Ca.. has on lnlfrerl
herein.
PRINCIPAL AMOUNT:
KNOWALL PERSONS BYTHESE PRESENTS: That the City ofNewton, in the Counly of Harvey, StateofKansas (the less lhan 15 days prior lo the Record Dale for such interesl, containing the electronic transfer inslructions including the
"lssuef), forvalue received, hereby acknowledges itself to be indebted and promises to pay la the Regislered Owner shown bank, ABA routing number and accounl number lo which such Registered Owner wishes to have such transferdirecled.
above,orregistsredassigns,butsolel~fromlhesourceandinthemannerhereinspecified,thePrincipelAmountshownabove The principal or redemplion price of and interest an the Bonds shall be payable in any coin or currency that, on the
on the Maturity Date shown above, unlesscailed forredemplion prior losaid Meturily Date, and lo pay inlereslthereon allhe respeclivedatesofpaymenlIhereof,isiegaltanderforthepaymenlalpublicandprivatedebts, interestnolpunctuallypaid
lnlerest Rate per annum shown above (computed on the basis of a 360.day year of twelve 30-day months), from the Daled will bepaidin the manner established in Ihew~lhindefinedBond Resoiullon.
Dateshownabove,orhomIhemoslrecenldatetowhichinteresthas bsenpa~dardulyprovidedfor, payablesemiannually on Deflnitlons. Capllalized lerms Used herein and not otherwise defined hereln shali have the meanings assigned to
March 1andSeptember1 ofeechyear,commencing March i.Z005(lhe"lnterestPaymenlDetes'),unlilthePrlncipalAmount suchtermsinthehereina~erdeflnsdBondResolution.
hasbeen paid. ADDITIONAL PROVISIONS OF THIS BOND ARE CONTINUED ON THE REVERSE HEREOF AND SHALL FOR
Method and Place of Payment. The principal or redemption priceof this Bond shall be paid at maturityor upon earlier ALLPURPOSESHAVETHESAMEEFFECTASTHOUGH FULLYSETFDRTH ATTHISPLACE.
redemplion lo the Person inwhose name this Bond is regislered at the malurily orredemplion date thereof, upon presentalion Authentication. This Bond shall not be valid or bscome obligatory for any purpose or be entitled to any security or
and surrender of lhis Bond al the principal office of lhe Treasurer of the Stale of Kansas, Topeka, Kansas (Ihem'Paying
Agent" benefit under the hereinaner deflned Bond Resolution unlil Ihe Certificate of Authentication and Registralion hereon shsli
and "Bond Registrap). The interest payable on this Bond on any lnlerest Paymenl Date shall be paid lo the person in whose havsbeeniawfullyexemledby IheEmd Registrar.
namelhlsBondisregisteredontheregislration booksmamtained byIheBondRegistraraltheeioseofbusinessontheRecord IT IS HEREBY DECLARED AND CERTIFIED that all ecb, conditions, and things required to be done and to exist
Dale(s)forsuchinlerest, which shali bethe 151hday(whetherornolabuslnessday)of thecalendarmonlh next precedmgthe precedenltoandin the issuance ofthis Bondhavebeen properly done and performedanddoerlslindueand regularform
interest Payment Dale. Suchinlerest shall be payable(a) by check ordraft mailed by the Paying Agent totheaddress of such and manner as requlred by the ComluBonand lawsof the State of Kansas,andthatthetotallodabtednessof the issuer,
Registered Owner shown on Ule Bond Register or at such olher address as is furnished to the PayingAgenlin wrillng by such including thisseriesofbonds, doesnot exceedany constitutionalorstaluto~ylimilation.
RegisteredOwner:ar.(b)in thecase of an interest paymentto any Ownerof$500,000ormore Inaggregate principal amount IN WITNESS WHEREOF, thelssuer has caused this Bond to be executed by the manual or facsimile signature of its
Of Bonds, by elecironictansfer lo such Owner upon wrillennollceglventothe Bond Registrarby such Registered Owner, not Mayorandattesledby themanualorfacslmilesignalureofitsCierk,anditssealto be affixed hereto orimprinted hereon.
CERTIFICATE OF AUTHENTICATIONAND REGISTRATION
This Bond isoneofaseriesof General Obligalian Bonds. SeriesZ004-A, of IheCllyofNewton, Kansas, described in the
wilhin-menlioned Bond Resaiulion.
RegistationDale
ATTEST:
OfficeaftheStaleTreasurer.
Topeka.Kansas.
as Bond Registrarand PayingAgent
&@@gi&L Clark
S P E C I M E N
! AuthariutlonolBondr. This Bond is one of an authorized l e n s of Bands of the lrrucrdesionatedwneral Boo*€ntrvsust~m. ~ h ~ ~ ~ n d ~ a r e h r , n n i ~ ~ t , r r ~ h v m ~ ~ n c n r ; l h n ~ . ~ ~ - - ~ ~ . ~ ~ t h ~ ~ ~ ~ . ~ i r ~ ~ ~ : . ~ . ~ . . ~ - ~
OPINION
GILMORE 6 BELL P.C.

Altomeyr at l a w
TOON Maan Suite e
m
Wlchta. Kansas 67202
George K. BaumlCompaay
Wlchila.Kanras
Re: S5.323.WO General OblKJalionBonds. Sener 20M.A. d the Crly of Newlon. Unrar.
DaledSeplemberl.2OM
STATEMENT OF
55,323,000
CITY OF NEWTON. KANSAS
GENERBLOBLIGATION BONDS
SERIES 2W-A
U r n recetpl ol telephomcor telegraph= nolice. ruch nallcesvbaeqsenlly connrmed m wmng by regrslered or
cenifiedmail.orvponrecRptofmnennollce by reglrleiedorcen~Oedmaxl. by IhelnrvrerfmmIhePaylngAgentorany
BOND ASSIGNMENT
FOR VALUE RECEIVED. the undersigned dqes) hereby sell, assign and tansferto
(Name and Address)
(Social Secuniy or Taxpayer ldentilicatian No.)

the Bond towhich thisassignment~safixedin theoutstandmg pnnapal amauntof $ ,slandingm the name af the undersigned onlhe books of the Bond RegnstrarThe undemgned doles)
herebyirrevocably constltuteandappoint asagent to transfersad Bondon thebaaksofsaid Band Regislarwithfullpowerofsubslilutioninthepremises.
Dated
Name
Social Securily or Taxpayer i d e n l i b t i a n No.
Stgnature (Sign here exactly as name($ appear an the face of Certficate)

Signalure guamnlee:
By:
CERTIFICATE OF CLERK CERTIFICATE OF STATE TREASURER

STATE OFKANSAS
COUNNOFHARVEY )
;ss. OFFICE OF THE TREASURER, STATE OF K A N S A S
LYNN JENKINS. Treasurer of the Stale of Kansas, does hereby certify thal
If*,e d ~ ~~ i i t ~ y ~~K ~f ~
d~ ~, hereby
~~ ~ ce,,i
~~ a transcript of the proceedings leading u p to the issuance of lhis Bond has been filed in
~ h ~ ~ ~celh fylhal ~~ , ~
wilhin ,
Bond
hasbeen dulyregisteredmmy oficeaccordingtolaw as ofSeplember1.2W4. IheofficeoftheSlateTreasurer,and that this Bond wasregistered i n suchofficeaccording
lolawon
WITNESS myhandand oficialseal.
WlTNESSmyhandandoficialseal.
=/.-
5 -,'
-...-.*, 5
Ckrk
Treasurer of the Staleaf Kansas
PRINTER'S CERTIFICATE
This will certify that Midwest Single Source, Inc.,

1501 E. Ist, Wichita, Kansas has printed and delivered
$5,323,000.00 in General Obligation Bonds for:
-
UNITED STATES OF AMERICA STATE OF KANSAS
COUNTY OF HARVEY
CITY OF NEWTON
SERIES 2004-A
These General Obligation Bonds were delivered as 16

pieces numbered 01 to 16 and are in blank
denominations. We also delivered 14 SPECIMEN
General Obligation Bonds clearly marked as such.
Midwest Single Source, Inc.

1501 E. First Street
(316) 267-6333 Fax (316) 267-8061
ADDITIONAL 'ROVISIONS
-~ -.- -.--..--....---,w
d Kamar, IncludingK S A 1 M 2 7 els& as amended, and all other pmvluon~at the laws of the sale of Kansas
;Indmtl.h.ml"
LEGAL OPINION
bllowing is a Irue and meet mpy of the apprnving legal opinion of Gilmore & Bell P.C. Bond We have examined the law and such certified proceedings and other dmmenls as we deem
Caunsel.whidlwasdaledandlssuedasolVledateofoiiginallssuanceanddeiivelyofsuch~ond~: necessary lo render his opinion. As loquestions of fact material lo our opinfon we haverelied upon the
cedled pmceedingsandolhersedlcalionsofpublicaficials furnishedb usw&ulundemking toveriry
thesamebyindependeotlnvestlgatl~n.
GlLMORES B E 4 P.C. Baredupontheforegoing,weareaflheapinion,underexislingiav,asfollavs:
Allomeys a1 law 1. The Bands are valid and legally binding general obligations of Vle Issuer payaMe as lo bath
100N. Main Suite 800 principal and interest from ad valorem taxes which may be levied w~lhoullimitation;s to rate or amount
Wichita. Kansas 67202 uponalltheloxablelangibtepmpem:realandpersonai,wlhinIhete~loriallimlkoftheIssuer.
2. The intereslon the Bonds is not excluded fmm gmrs inmme for federal inwme lax purposes.
WeexpressnooPioimregardingolherfederaIlsxconsequenceraiisingwithrespedtatheBonds.
GovemingBody GeorgeK.Baum&Company 3. TheinlerestonVleBandsirexcludedfmmcompulat~onofKansasadjurtedgrossmmme.
CihofNewton.Kansas Wichrta.Kansar We have not been engaged nor have we undertaken to review the accuracy, completeness or
sufidency of the Oficial Stalemen1or alher offenng malerialrelatingb t h e Bonds lexcept to the extent if
MBiAln~wanceC~rporat~on any,s!ated in Ihe0ficialStalemenl)andweexpiessnoopin~on relalwigthereto(exceplingmly lhemattek
Armonk.NewYork ~~Ifmha~wr~pi i lnIheOficialSlatement).
ton
The rqhts olthe owners of the Bonds and Ihe enlaceabllity thereof may be subjedto bankruptcy.
Re: S515.WO Taxable General Obligation Relundmg Bonds. Senes 2004.8. of the Clty of insolvew rearganirahon. moratorium and other similar laws affectng credltam' righk heretotore or
Newton.Kansas.DatedSephmber1.2W4 hereafterenacted la the extenlapplicableand Iheirenforcemenlmay be subjed tothe exercise atjudiual
diScrel'minappropriatecases'
We have acted as Bond Counsel m connectionwith the Issuanceby the City of Newton, Kanras (the
'Issuer).oftheabave-captlaned bands(Ihe'0onds'). GILMORES BELL P.C.
Upon recelpl ot lelepnmicw telegraphic nolice. such notice rvbrsqucnlly mnrimcd in wmng by regts!ered ar MBlAtnr"nnseCorpon,iii
on~r~ma~i,oru~nmceiplalwnltennollce byreglrsredoicedlfiedmail, bythe lnavrerfmmIhePaylng~genlorany
BOND ASSIGNMENT
FOR VALUE RECEIVED. the undenlgned do(es) hereby sen,assign and transfer to
(Name and Address)
(Social Security orTaxpayer I d e n l i r m t m No.)

Ihe Bond lo whichthis assignment is affixedin the outstanding pincipal amaunt of 16 standing in the nameafthe undersigned on the books ofthe Bond Regtslrar. The undersigned doles)
herebyirrevocably constituteand appoint asagenttolransfersaid Bond onthebo~ksofsald Bond Registrarw~thfutlpowerofsubst~tul~onmthepremises.
Dated
Name
Social Security oiTaxpayer Ident~ficationNo.
Signature (Sign here exactly as name@)appear on the face of Certificate)

By:
CERTIFICATE OF CLERK CERTIFICATE OF STATE TREASURER

STATEOFKANSAS )
,ec OFFICE O F T H E TREASURER, STATE O F K A N S A S
COUNTYOFHARVM i -. LYNN JENKINS. Treasurer of the Stale of Kansas, does hereby certiiy that
Theundenigned. ClerkoftheCily o ~ N ~ w Kansas,
~ o ~ . doeshereby certivthatthe withln~ond a t w n s u i p t of the proceedinQsleading u p to the issuance of this Bond has been filed i n
hasbeenduly regisleredinmyomceacmding tolawas ofSeplember1,2004. the office ofthe StateTreasurer, and that this Bond was registered in such office according
*
tolawon
WlTNESSmv hand and ofkialseai.
WITNESS my handand officialseal.
JF Treasurer ofthestate of Kansas

PRINTER'S CERTIFICATE
I
This will certify that Midwest Single Source, Inc.,
1501 E. Ist, Wichita, Kansas has printed and delivered
$515,000.00 in General Obligation Bonds for:
-
UNITED STATES OF AMERICA STATE OF KANSAS
COUNTY OF HARVEY
CITY OF NEWTON
TAXABLE GENERAL OBLIGATION REFUNDING BOND
SERIES 2004-B
These General Obligation Bonds were delivered as 2

pieces numbered 1 to 2 and are in blank
denominations. We also delivered 14 SPECIMEN
General Obligation Bonds clearly marked as such.
Midwest Single Source, Inc.

1501 E. First Street
(316) 267-6333 Fax (316) 267-8061
08/02/2004
AGREEMENT BETWEEN ISSUER AND AGENT

$5,323,000 $515,000
SERSES 2004-A REFUNDING BONDS
SERSES 2004-B
TEIS AGREEMENT, dated as of September 1, 2004, between the City of Newton, Kansas, a
municipality (the "Issuer"), and the State Treasurer of Kansas, as Agent (the "Agent").
WHEJUAS, for its lawful purposes, the Issuer has duly authorized the issue of the above-
captioned bonds (the "Series 2004-ABonds," the "Series 2004-B Bonds," or collectively the "Securities"),
and the Issuer wishes the Agent to act as its Paying Agent, Bond Registrar, and Transfer Agent for the
Securities:
Now, therefore, it is hereby agreed as follows:
I. APPOINTMENT
Issuer hereby appoints or has heretofore appointed the State Treasurer of Kansas to act as Paying
Agent, Bond Registrar and Transfer Agent for the Securities. The State Treasurer of Kansas
hereby accepts its appointment as the Paying Agent, Bond Registrar and Transfer Agent.
11. BASIC DUTIES
A. Issuer or its duly authorized representative agrees to f i i s h Agent the narne(s) and
address(es) of the initial registered owner(s) of the Securities together with such
registered owners' tax identification (social security) number(s), the maturity date(s),
denomination(s) and interest rate(s) for each Security.
B. Agent shall manually authenticate the originally issued Securities upon the written order
of one or more authorized offkers of Issuer. Thereafter, Agent shall manually
authenticate all Securities resulting from transfer or exchange of Securities.
C. Agent shall maintain an office in the City of Topeka, Kansas, where Securities may be
presented for registration, transfer and exchange; and shall also maintain an office in the
City of Topeka, Kansas, where Securities may be presented for payment. Agent shall
keep a register of the Securities and their transfer and exchange.
D. Agent may rely upon any document believed by it to be genuine and to have been signed
or presented by the proper person. Agent need not investigate any fact or matter stated in
JLN\403552\CLOSDOCSPART 1 (08-02-04)
the document. Agent undertakes to perform such duties and only such duties set forth in
K.S.A. 10-620 et seq., except as specifically provided in this Agreement.
Agent shall notify the owners of the Securities upon default in payment of principal or
interest on the Securities and the Agent shall have no duties or responsibilitiesthereafter.
m. COMPENSATION
Issuer covenants and agrees to pay to Agent, as reasonable compensation for the services
provided as Agent the following amounts:
(a) The Series 2004-A Bonds - an initial setup fee of $300, a registration fee of $25, plus a fee of
$5,000, which is based on "Book-entry Only" Securities; and
(b) The Series 2004-B Bonds - an initial setup fee of $300, a registration fee of $25, plus a fee of
$643.75 based on a percentage of the aggregate principal amount of the Series 2004-B Bonds
as follows:
118 of 1% (.125%) of the first $10,000,000

1/16 of 1% (.0625%) of the next $15,000,000
1/32 of 1% (.03125%) of the next $25,000,000
1/64 of 1% (.015625%) of the next $50,000,000
11128 of 1% (.0078125%) over $100,000,000.
This amount will be due at the time of registration unless such fee is to be paid from the proceeds
of the bond issue in which case Issuer agrees to pay such fee within two (2) business days of the
closing of the bond issue. In addition to the aforementioned fee, Issuer covenants and agrees to
pay to Agent the fee as stated and required by K.S.A. 10-505 for performing the duties of paying
the principal of the Securities.
IV. STANDARD OF PERFORMANCE
Issuer shall provide, or shall cause to be provided to Agent, a designation of whether its Securities
are to be issued in certificated or uncertificated form, or both.
A. STATEMENTS OF 0WERSNIP
Agent agrees to provide Statements of Ownership to the owner of uncertificated

Securities. Such Statements shall be in accordance with the standards set forth by the
Attorney General. All Statements shall be issued in the denominations of $1,000 or
$5,000 or integral multiples thereof except for one additional Security in another
denomination, which additional Security shall mature in the initial maturity year of the
series of the Securities. Interest is computed on the basis of $1,000 or $5,000 units and in
all transactions involving the payment of interest, fractions of a cent equalling or
exceeding five mills shall be regarded as one cent; fractions of a cent less than five mills
shall be disregarded. Agent shall at all times maintain an adequate supply of Statements
of Ownership for any anticipated transfers or exchanges of the Statements.
JLN\403552\CLOSDOCSPART 1(08-02-04) ,
B. CERTIFICATEDSECUIUTES
All certificated Securities issued by Issuer under this Agreement shall be in accordance
with the standards set forth by the Attorney General and unless otherwise authorized by
Agent, the principal thereof shall be payable only upon surrender of the Security to
Agent. All certificates shall be issued in the denomination of $1,000 or $5,000 or integral
multiples thereof except one authorized Security in another denomination which
additional Security shall mature in the initial maturity year of the series of Securities.
I
Interest is computed on the basis of $1,000 or $5,000 units and in all transactions
involving the payment of interest, fractions of a cent equaling or exceeding five mills
shall be regarded as one cent; fractions of a cent less than five mills shall be disregarded.
Issuer shall at Issuer's cost provide Agent with an adequate supply of certificates for any
anticipated transfers or exchanges of the certificates. Issuer shall be responsible for the
payment of the printing or other expenses for such certificates. Issuer shall be
responsible for obtaining appropriate "CUSP" number(s) and shall notify Agent of each
number(s) prior to the issuance of the applicable Securities.
C. INTEREST CALCULATIONS
Agent shall calculate interest on the basis of $1,000 and $5,000 units, or in the case of
one odd denomination, calculate the unit separately. Each intermediate unit calculation is
first determined, then rounded to the sixth decimal position; i.e. whenever the seventh
decimal place is equal to or greater than five the sixth decimal place is increased by one.
The final per unit calculation is subsequently rounded to two decimal positions. (See
Attachment "A"for sample calculation.)
D. SURRENDER
Securities surrendered for payment, cancellation or partial redemption shall be cancelled

by Agent and returned to Issuer in accordance with K.S.A. 10-111.
E. TRANSFERSAND EXCHANGES
1. When Securities are presented to Agent for transfer or exchange, Agent shall so
transfer or exchange such Securities if the requirements of Section 8-401(1) of
the Uniform Commercial Code are met.
2. In accordance with the authorizing Resolution or Ordinance of Issuer (the

"Resolution"), payments of interest shall be made to the owner of record of each
Security as of the close of business on the fifteenth day of the month preceding
each interest payment date. The Agent shall make such payments to the record
owner of each Security as set forth on the registration books maintained by Agent
as of such date.
3. Agent shall not be required to transfer or exchange any Security during a period
beginning on the day following the fifteenth day of the month preceding any
interest payment date for such Securities and ending at the close of business on
the interest payment date, or to transfer or exchange any Security selected or

called for redemption in whole or in part subsequent to the date notice of such
redemption is given in accordance with the Resolution authorizing the Securities.
F. REGISTRATION DATES AND FUNDS FOR PAYMENTS
Date of Registration shall be affixed on the initial Securities. Subsequent transfers or

exchanges shall bear a Date of Registration as of the date that all the required
documentation is received at the Agent's official place of business. Issuer will provide
funds to make any interest or principal payments in accordance with K.S.A. 10-130 and
amendments thereto. Agent is hereby authorized to effect any semiannual payment of
interest or any principal by charging the Issuer's Fiscal Agency account with Agent.
G. REPLACEMENT OF SECURITIES
?
If the owner of a Security claims that a Security has been lost, destroyed or wrongfully
taken, Issuer shall issue and Agent shall authenticate a replacement Security if the
requirements of Section 8-405 of the Uniform Commercial Code are met. Only Agent
shall perform this function. An indemnity bond and affidavit of loss shall be provided to
Agent and Issuer at the expense of the owner of the Security. Such indemnity bond and
aff~davitof loss must be sufficient in the judgment of Issuer and Agent to protect Issuer
and Agent &om any loss which any of them may suffer if the Security is replaced. Issuer
may charge the Security owner for its expenses in the replacement of a Security.
H. REDEMPTIONS
Optional Redenzption. If any Securities are to be redeemed pursuant to an optional

redemption in accordance with their terms, Issuer agrees to give Agent at least fifteen
(15) days written notice thereof prior to the notice to be given the Security owners. If
there is no provision for notice to the Security owners, Issuer agrees to give at least thirty
(30) days written notice to Agent.
Mandatory Redenzption. If any Securities are subject to mandatory redemption in

accordance with their terms and the Ordinance or Resolution authorizing the Securities,
no additional notice is required to be given to the Agent to exercise the mandatory
redemption. The Agent will provide notice of such redemption utilizing substantially the
form of Notice of Mandatoly Redemption attached hereto as Appendix I and IL
Notice of Redemption. Agent shall then notify, by ordinary mail, the owner of such
Securities to be so redeemed. Agent shall select the Securities to be so redeemed. Agent
shall not be required to exchange or register a transfer of any Security for a period of
fifteen (15) days preceding the date notice is to be provided to the Security owners for the
purpose of selecting Securities on a partial redemption. Further, in the event notice is
given to Agent for a complete redemption of the Issue according to the terms of the
authorizing Resolution or Ordinance, Agent shall not be required to transfer or exchange
any Security beginning on the day following the 15th day preceding the date set for
redemption.

I. MISCELLANEOUS
Agent hereby acknowledges receipt of 16 numbered Series 2004-ABonds of Issuer and 2

numbered Series 2004-B Bonds of Issuer for registration and exchange, and shall
safeguard any "blank" Securities held for purpose of exchange or transfer.
J. REPORTS
Agent shall provide Issuer an annual report of the activity with respect to the issuance of
Securities upon written request of Issuer.
K. CONSTRUCTION
This Agreement shall be construed in accordance with the laws of the State of Kansas and
also the Ordinance or Resolution authorizing the issuance of the Securities.
L. MUMCIPAL BOND INSURANCE POLICI:
The parties acknowledge that MBIA Insurance Corporation, Arrnonk, New York (the
"Bond Insurer") has issued a financial guaranty insurance policy (the "Municipal Bond
Insurance Policy") insuring the payment when due of the principal of and interest on the
Securities as provided therein. As long as the Municipal Bond Insurance Policy shall be
in full force and effect, the Issuer and the Agent agree to comply with the following
provisions:
(a) In the event that, on the second Business Day, and again on the Business
Day, prior to the payment date on the Securities, the Agent has not received sufficient
moneys to pay all principal of and interest on the Securities due on the second following
or following, as the case may be, Business Day, the Agent shall immediately notify the
Insurer or its designee on the same Business Day by telephone or telegraph, confirmed in
writing by registered or certified mail, of the amount of the deficiency.
@) If the deficiency is made up in whole or in part prior to or on the

Payment Date, the Agent shall so notify the Insurer or its designee.
(c) In addition, if the Agent has notice that any Owner has been required to
disgorge payments of principal or interest on the Security to a trustee in Bankruptcy or
creditors or others pursuant to a final judgment by a court of competent jurisdiction that
such payment constitutes a voidable preference to such Owner within the meaning of any
applicable bankruptcy laws, then the Agent shall notify the Insurer or its designee of such
fact by telephone or telegraphic notice, confirmed in writing by registered or certified
mail.
(d) The Agent is hereby irrevocably designated, appointed, directed and

authorized to act as attorney-in-fact for Owners of the Securities as follows:
(i) If and to the extent there is a deficiency in amounts required to

pay interest on the Securities, the Agent shall (a) execute and deliver to U.S.
Bank Trust National Association, or its successors under the Municipal Bond

Insurance Policy (the "Insurance Paying Agent"), in form satisfactory to the
Insurance Paying Agent, an instrument appointing the Insurer as agent for such
Owners in any legal proceedings related to the payment of such interest and an
assignment to the Insurer of the claims for interest to which such deficiency
relates and which are paid by the Insurer, (b) receive as designee of the respective
Owners (and not as Agent) in accordance with the terms of the Municipal Bond
Insurance Policy payment from the Insurance Paying Agent with respect to the
claims for interest so assigned, and (c) disburse the same to such respective
Owners; and
(ii) If and to the extent of a deficiency in amounts required to pay

principal of the Securities, the Agent shall (a) execute and deliver to the
Insurance Paying Agent in form satisfactory to the Insurance Paying Agent an
instrument appointing the Insurer as agent for such Owner in any legal
proceeding relating to the payment of such principal and an assignment to the
Insurer of any of the Security surrendered to the Insurance Paying Agent of so
much of the principal amount thereof as has not previously been paid or for
which moneys are not held by the Agent and available for such payment (but
such assignment shall be delivered only if payment from the Insurance Paying
Agent is received), (b) receive as designee of the respective Owners (and not as
Agent) in accordance with the terms of the Municipal Bond Insurance Policy
payment therefor from the Insurance Paying Agent, and (c) disburse the same to
such Owners.
(e) Payments with respect to claims for interest on and principal of

Securities disbursed by the Agent from proceeds of the Municipal Bond Insurance Policy
shall not be considered to discharge the obligation of the Issuer with respect to such
Securities, and the Insurer shall become the owner of such unpaid Security and claims for
the interest in accordance with the tenor of the assignment made to it under the provisions
of this subsection or otherwise.
(f) Irrespective of whether any such assignment is executed and delivered,

the Issuer and the Agent hereby agree for the benefit of the Insurer that:
(i) They recognize that to the extent the Insurer makes payments, directly or
indirectly (as by paying through the Agent), on account of principal of or interest on the
Securities, the Insurer will be subrogated to the rights of such Owners to receive the
amount of such principal and interest fiom the Issuer, with interest thereon as provided
and solely from the sources stated in the Resolution and the Securities; and
(ii) They will accordingly pay to the Insurer the amount of such principal
and interest (including principal and interest recovered under subparagraph (ii) of the first
paragraph of the Municipal Bond Insurance Policy, which principal and interest shall be
deemed past due and not to have been paid), with interest thereon as provided in the
Resolution and the Security, but only f?om the sources and in the manner provided herein
for the payment of principal of and interest on the Securities to Owners, and will
otherwise treat the Insurer as the owner of such rights to the amount of such principal and
interest.

(g) Notwithstanding any other provisions of this Agreement, the Agent shall
not consent to any amendment to this Agreement or the Resolution without the prior
written consent or direction of the Insurer.
JLM403552\CLOSDOCSPART I (08-02-04)
Mayor
+3-+p--+" ;
OFFICE OF THE TREASURER
OF THE STATE OF KANSAS

8
ATTACHMENT l1A"
SAMPLE
$5,000.00000 ........................Bond Unit

x .06875 ........................ Interest Rate
- 343.750000 Rounded to six decimal places
1 360 ........................ Days per year

- .954861 Rounded to six decimal places
x 180 ........................ Day in interest period

- 171.874980 (Rounded to second decimal = $17 1.87)
Unit interest is then multiplied by the number of units in the maturity.
JLN\403552\CLOSDOCS PART 1 (08-02-04)

A- 1
NOTICE OW CALL FOR MANDATORY REDEMPTION
TO THE OWNERS OP
SERIES 2004-A, DATED SEPTEMBER 1,2004
Notice is hereby given that pursuant to the provisions of Article 111of Resolution No. G-901 (the
"Bond Resolution") of the City of Newton, Kansas (the "Issuer") that a portion of the above-mentioned
bonds (the "Bonds") scheduled to mature on September 1, 2024 (the "Called Bonds"), have been called
for mandatory redemption and payment on September 1, (the "Redemption Date"), at the
principal office of the Treasurer of the State of Kansas (the "Bond Registrar and Paying Agent").
Maturity Date Principal Interest CUSIP

JNos.1 JSeptember 1) Amount -
Rate Number
2024
On the Redemption Date there shall become due and payable, upon the presentation and
surrender of each such Called Bond, the redemption price thereof equal to 100% of the principal amount
thereof together with interest accrued to the Redemption Date. Bonds issued in denominations of greater
than $5,000 may be subject to partial redemption. In such event, a new certificate or certificates will be
issued to the Owner in the principal amount to remain Outstanding. Interest shall cease to accrue on the
Called Bonds so called for redemption from and after the Redemption Date provided such funds for
redemption are on deposit with the Paying Agent.
BY
Treasurer of the State of
Kansas, Topeka, Kansas

APPENDIX II-I
NOTICE OF CALL FOR MANDATORY REDEMPTION

TO THE OWNERS OF
SERTES 2004-B, DATED SEPTEMBER 1,2004
Notice is hereby given that pursuant to the provisions of Article III of Resolution No. G-902 (the
"Bond Resolution") of the City of Newton, Kansas (the "Issuer") that a portion of .the above-mentioned
.for mandatory redemption and payment on September 1, (the "Redemption Date"), at the

Amount Number
BY

11-1
APPENDIX 11-2
NOTICE OF CALL FOR MANDATORY REDEMPTION

TO THE OWNERS OF
TAXABLE GENERAL OBLIGATION mFUNDING BONDS
SERIES 2004-B, DATED SEPTEMBER 1,2004
Notice is hereby given that pursuant to the provisions of Article 111of Resolution No. G-902 (the
"Bond Resolution") of the City of Newton, Kansas (the "Issuer") that a portion of the above-mentioned
for mandatory redemption and payment on September 1, (the "Redemption Date"), at the

JNos.1 (Se~tember1) Amount Number
2024
BY
NU. b8i"l P. 2/2
Blanket issuer Letter of Representations

[To be Completed by Issuer]
CITY OF NEblTON, KANSAS

[Kame or !suer]
May 19, 1998

LDate]
Attention: Underwriting Department -Eligibiliv

The Depository Trust Company
55 Water Street; 50th Floor
New York, NY 10041-0099
Iadies and Gentlemen:

This letter sets forth our understanding with respect to all issues (the "Securities") that Issuer
shall request be made eligible for depositby The Depository Trust Company ("DTC').
To induce DTC to accept the Securities as eligible for deposit at DTC,and to act in acmrda, ce
\.
1 with DTC5 Rules with respect to the Securities, Issuer represents to DTC that Issuer will comply
with the requirements stated in DTCS Operational Arrangements, as they may be amended from
time to time.
-
Note: Very truly yours,
Schedule A contains statements that DTC believes
accurately describe DTC, the method of cffectin book-
cenain related matters.
~k,
en? transfen of securities cliscributed through and CITY OF NEWTON, KANSAS
>
By:
-(316) -
284 6001
(PhoneNumber)
SCHEDULE A
(To Blanket Issuer Letter of Representations)
SAMPLE OFFERING DOCUMENT LANGUAGE

DESCRIBING BOOK-E~TRY-ONLYISSUANCE
(Preparedby DTC-bracketed material
. . may be applicable only to certain is-sues)
1. The Depository Trust Cornpan). ("DTC"), New Yo& Nl', will act as securities depository for the
securities (the "Securitiesn). The Securities will be issued as I l l y registered securities registered in the
name of Cede & Co. (DTC's partnership nominee) or such other name as may be requested by an .
authorized representative of DTC: One fully registered Security certificate wilI be issued for [each issue .
of]-the Securities, [each] in the aggregate principal amount of such issue, and will be deposited with
DTC. [If, however, the aggregate principal amount of [any] issue ace& $200 miUion, one cerii£icate
will be issued with respect to each $200 million of principal,amount and &additional certificate will be
issued with respect to any remaining principal amount of s ~ c issue.].
h
-7. DTC is a limited-purpose trust company organized under the New York Banking Law, a "banking
organization" within the meaning of the New York Banking Law, a member of the Federal Reserve
System, a "clearing corporation" within the meaning of the New York Uniform Commercial_Code,and a
"clearing agency" registered pursuant to the provisions of Section I7A of the Securities Exchange Act of
1934 DTC holds securities that its participants ("Participants") deposit with DTC. DTC also f d t a t e s
the settlement among Participants of securities transactions, such as transfers and pledges, in deposited
securities through electronic computerized book-entry changes in Participants' accounts, thereby
eliminating the need for physical movement of securities certificates. Direct Participants include
securities brokergand dealers, banks, trust companies, clearing corporations, and certain other
organizations. DTC is owned by a number of its Direct Participants and by the New York Stock
Exchange, Inc,, the American Stock Exchange, Inc, and the National Association of Securities Dealers,
-=- Inc. Access to the DTC system is also availabIe to others such &=securitiesbrokers and dealers, banks,
and trust companies that clear through or maintain a custodial relationship with a Direct Participant,
either directly or indirectly ("Indirect Participantsn). The Rules applicable to DTC and its Participants
are on B e with the Securities and Er:change Commission.
3. Purchases of Securities under the DTC system must be made by or through Direct Participants,
which will receive a credit for the Securities on DTCS records. The ownership interest of each actual
purchaser of each Security ("Beneficial Owner") is in turn to be recorded on the Direct and Indirect .
Participants' records. Beneficial Owners wiU not receive written confirmation from DTC of their
purchase, but Beneficial Owners are expected to receive written codinnations providing details of the
transaction, as well as periodic statements of their ho1dingq;fiom the Direct or Indirect Participant
through which the Beneficial Owner entered into the trama&On. Transfen of ownershipinterests in the
Securities q-e to be accomplished by entries made on the boob of Participants acting on behalf of
Beneficial Owners. Beneficial Owners will not receive certifiates representing their ownership interests
in Securities, except in the event that use of the bookeniq system for the Securities is discontinued.
4. To facilitate subsequent transfers, all Securities deposited by Participants with DTC are registered
in the name of DTC's partnership nominee, Cede & Co. or such other name a s requested by an
authorized representative of DTC. The deposit of Securities with DTC and their registration in the
name of Cede & Co. or such other DTC nominee do not effect any change in beneficial ownership.
DTC has no knowledge of the.actual Beneficial Owners of the Securities; DTCs records reflect only the
identity of the Direct Participants to whose accounts such Securities are credited, which may or may not
be the Beneficid Owners. The Participants will remain responsible for keeping account of their holdings
on behalfof their customers.
5. Conveyance of notices and other communications by DTC to Direct Participants, by Direct
t-) ~ a r t i c i ~ a ntok Indirect Participants, and by Direct Participants and Indirect Participants to Beneficial
Owners will be govemed by arrangements among them, subject to any statutory or regulatory
requirements as may be in effect from time to time.
[Beneficial Owners of the Securities may wish to take certain steps to augment the transmission to
&em of notices of significant evem with respect to the Securities, such as redemptions, tenders,
defaults and proposed amendments to the Security b e n t s . Beneficial Owners of Securities may
wish to ascertain that the nominee holding the Securities for their benefit has agreed to obtain and
trammifnotices to Beneficial Owners, or in the dtemative, Beneficial Owners may wish to provide their
nam& and addresses to the regismr and request that mpies of notices be provided direety to them.]
[6. Redemption notices shall be sent to DTC.Ifless than a11 of the Securities within an issue are G i g
redeemed, DTC's practice is to determine by lot the amount of the inte&t of each Direct '~artici~git.&
.. :
.-.
such issue to be redeemed.]
7.Neither DTC nor Cede & Co.(nor such other DTC norninke)~ c dconsent
l or vote with respect to
Securities. Under its usual procedures, DTC m& an Omnibus Proy to Issuer as soon as possible after
the record date. The Omnibus proxy assigns Cede & Co.'s consenting or voting rights to those Direct
Participants to whose accounts Securities are credited on the record date (identified in a listing attached
to the Omnibus Proxy). -
S. Principal and interest payments on the Securities will be made to Cede 8- Co. or such other
nominee as may be requested by an authorized representative of DTC. DTC's practice is to credit
Direct Participants' accounts upon DTCS receipt of funds and corresponding detail information from
h e r or Agent, on payable date in accordance with their respective holdings shown on DTCS records.
Payments by Particippts to Ben_efcial Owners will be govemed by standing instructions and customary
i practices, as is the &with secikities held for the accounts of customers in bearer form or registered in
"street name," and will be the responsibility of such Participant and not of DTC (nor iQ nornine&.-
.- Agent, or Issuer, subject to &yi si+utory or regulatory requirements as may be in effect from time to
- time: Payment of principal and interest to Cede & Co. (or such other nominee as may be requested by
an autho'rized representative of DTC)is the responsibility of h e r or Agent, disbursement of such
payments to Direct Participants is the responsibility of DTC, and disbursement of such payments to
BeneficialOwners is the responsibiliy of Direct and Indirect Participants.
19. A Beneficial Owner shall give notice to elect to have its Securities purchased or tendered, through
its Participant to [Tendeflernarketingl Agent, and shall effect deliveyof such Securities by causing the
Direct Participant to transfer the Participant's interest in the Securities, on DTC's records, to
[Tenderrnernarketind Agent. The requirement for physical delivery of Securities in connection with an
optional tender or a mandato'y purchase will be deemed satisfied when the ownership rights in the
Securities are transferred by Direct Participants on DTCs m&and followed by a bookentry credit
of tendered securitiesto [Tender/Remarketingl Agent's DTC account]
10. DTC may discontinue providing its senices as securities depository with respect to the Securities
at any time by giving reasonable notice to Issuer or Agent Under such circumstances, i~ the event that a
successor securities depository is not obtained, Security certificates are required to be printed and
delivered-
11. Issuer may decide to discontinue use of the system of book-entzy h-ansfer; through DTC (or a
successor securities depository). In that event, Security ce&cates will be printed and delivered.
12. The information in this -on concerning DTC and DTC's bookentry system has been obtained
I
from sources that Issuer believes to be reliable, but Issuer takes no responsibility for the accuracy
thereof.
113 King Street, Armonk, NY 10504
Tel 914-273-4545
www.mbia.com
Capital Strength. Triple-A Performance.
September 1,2004
The Treasurer of the State of Kansas

Topeka, Kansas
$5,323,000
General Obligation Bonds
Series 2004-A
Ladies and Gentlemen:

In connection with the abovedescribed obligations (the "Obligations") of which you are acting as paying
agent (the "Paying Agent"), please be advised that the payment to you of principal of and interest on the
Obligations has been guaranteed by a policy of financial guaranty insurance (the "Policy") issued by the
MBIA Insurance Corporation (the "Insurer"). U.S. Bank Trust National Association, New York, New
York, (the "Fiscal Agent") is acting as the fiscal agent for the Insurer.
The Policy unconditionally and irrevocably guarantees to any owner or holder of the Obligations or, if
applicable, of the coupons appertainingthereto (the "Owner"), the full and complete payment required to be
made by or on behalf of the issuer of the Obligations (the "Issuer") to the Paying Agent or its successor of
an amount equal to (i) the principal of (either at the stated maturity or by any advancement of maturity
pursuant to a m a t o r y sinking fund payment) and interest on, the Obligations as such payments shall
become due but shall not be so paid (except that in the event of any acceleration of the due date of such
principal by reason of mandatory or optional redemption or acceleration resulting from default or
otherwise, other than any advancement of maturity pursuant to a mandatory sinking fund payment, the
payments guaranteed by the Policy shall be made in such amounts and at such times as such payments of
principal would have been due had there not been any such acceleration); and (ii)the reimbursement of any
such payment which is subsequently recovered from any Owner pursuant to a final judgment by a court of
competentjurisdiction that such payment constitutes an avoidable preference (a "Preference") to the Owner
within the meaning of any applicable bankruptcy law. The amounts refemd to in clauses (i) and (ii) of the
preceding sentence are referred to collectivelyin this letter as the "Insured Amounts."
The Policy does not insure against loss of any prepayment premium which may at any time be payable
with respect to any Obligations. The Policy does not, under any circumstance, insure against loss relating
to: (i) optional or mandatory redemptions (other than mandatory sinking fund redemptions); (ii) any
payments to be made on an accelerated basis; (iii) payments of the purchase price of Obligations upon
tender by an Owner thereof; or (iv) any Preference relating to (i) through (iii) above.
In the event that the Issuer does not make full and complete payment when due of the principal of and
interest on the Obligations, please immediately notify, by telephone or telegraph, the Insurer, 113 King
Street, h o n k , New York, 10504, (914) 273-4545. On the due date or within one business day after
receipt of such notice, whichever is later, the Insurer will deposit funds with the Fiscal Agent sufficient to
pay the Obligations (or, if applicable, coupons appertaining thereto) then due. Upon presentment and
surrender of such Obligations (or, if applicable, coupons) or presentment of such other proof of ownership
of Obligations together with any appropriate instruments of assignment to evidence the assignment of the
Insured Amounts due on the Obligations as are paid by the Insurer, and appropriate instruments to effect the
appointment of the Insurer as agent for the Owners in any legal proceeding related to payment of Insured
Amounts on the Obligations (or, if applicable, coupons), such instruments being in a form satisfactory to
the Fiscal Agent, the Fiscal Agent shall disburse to you payment of the Insured Amounts due on such
Obligations (and, if applicable, coupons), less any amount held by you for the payment of such Insured
Amounts and legally availabletherefor.
Forms of such instruments of assignment and instruments to effect the appointment of the Insurer as such
agent for the Owners (collectively, the "Claim Documents"), which are currently acceptable to the Fiscal
Agent and the Insurer, are on file with the Fiscal Agent. The Insurer may, from time to time, file revised
forms of Claim Documents with the Fiscal Agent in substitution for the forms previously filed with the
Fiscal Agent, and upon such filing, the revised forms shall supersede all forms of Claim Documents
previously filed with the Fiscal Agent, except as otherwise directed by the Insurer in writing.
In the event that you shall have prior knowledge of an impending failure by the Issuer to make payment on
the Obligations (or, if applicable, coupons) when due, please immediately notify the Insurer so that it will
be possible to have funds available for you on the due date to make payments against surrendered
Obligations (and, if applicable, coupons).
Your cooperation in this matter will be most appreciated and wdl make it possible for the Owners of
Obligations guaranteedby the Insurer to be assured of all payments when due.
Neil G. Budnick
President
Policy No. 44695
MBIA Insurance Corporation (the "Insurer"), in consideration of the payment of the premium and subject to the terms of this policy, hereby
unconditionally and irrevocably guarantees to any owner, as hereinafter defined, of the following described obligations, the full and complete payment
required to be made by or on behalf of the Issuer to the Treasurer of the State of Kansas, Topeka, Kansas or its successor (the "Paying Agent") of an
amount equal to (i) the principal of (either at the stated maturity or by any advancement of maturity pursuant to a mandatory sinking fund payment) and
interest on, the Obligations (as that term is defined below) as such payments shall become due but shall not be so paid (except that in the event of any
acceleration of the due date of such principal by reason of mandatory or optional redemption or acceleration resulting from default or otherwise, other
than any advancementof maturity pursuant to a mandatory sinking fimd payment, the payments guaranteed hereby shall be made in such amounts and at
such times as such payments of principal would have been due had there not been any such acceleration); and (ii) the reimbursement of any such
payment which is subsequently recovered li-omany owner pursuant to a find judgment by a court of competentjurisdiction that such payment constitutes
an avoidable preference to such owner within the meaning of any applicable bankruptcy law. The amounts referred to in clauses (i) and (ii) of the
preceding sentence shall be referred to herein collectively as the "Insured Amounts." "Obligations" shall mean:
$5,323,000
Series 2004-A
Upon receipt of telephonic or telegraphic notice, such notice subsequently conlirmed in writing by registered or certified mail, or upon receipt of written
notice by registered or certified mail, by the Insurer from the Paying Agent or any owner of an Obligation the payment of an Insured Amount for which is
then due, that such required payment has not been made, the Insurer on the due date of such payment or within one business day after receipt of notice of
such nonpayment, whichever is later, will make a deposit of funds, in an account with US. Bank Trust National Association, in New York, New York,
or its successor, sufficient for the payment of any such Insured Amounts which are then due. Upon presentment and surrender of such Obligations or
presentment of such other proof of ownership of the Obligations,together with any appropriate instruments of assignment to evidence the assignment of
the Insured Amounts due on the Obligations as are paid by the Insurer, and appropriate instruments to effect the appointment of the Insurer as agent for
such owners of the Obligations in any legal proceeding related to payment of Insured Amounts on the Obligations, such instruments beiig in a form
satisfactory to US. Bank Trust National Association, US. Bank Trust National Association shall disburse to such owners, or the Paying Agent payment
of the Insured Amounts due on such Obligations, less any amount held by the Paying Agent for the payment of such Insured Amounts and legally
available therefor. This policy does not insure against loss of any prepayment premium which may at any time be payable with respect to any
Obligation.
As used herein, the term "owner" shall mean the registered owner of any Obligation as indicated in the books maintained by the Paying Agent, the Issuer,
or any designee of the Issuer for such purpose. The term owner shall not include the Issuer or any party whose agreement with the Issuer constitutes the
Any service of process on the Insurer may be made to the Insurer at its offices located at 113King Street, Armonk, New York 10504 and such service of
process shall be valid and binding.
This policy is non-cancellable for any reason. The premium on this policy is not refundable for any reason including the payment prior to maturity of the
Obligations.
INWlTNESS WHEREOF, the Insurer has caused this policy to be executed in facsimile on its behalf by its duly authorized officers, this 1st day of
September, 2W.
President- A
Secretary ':V
?I3 King Street, Arrnonk, NY 10504
Tel 914-273-4545
www.rnbia.com
September 1,2004
The Treasurer of the State of Kansas

Topeka, Kansas
$5 15,000
Series 2004-B

In connection with the abovedescribed obligations (the "Obligations") of which you are acting as paying
agent (the "Paying Agent"), please be advised that the payment to you of principal of and interest on the
Obligations has been guaranteed by a policy of financial guaranty insurance (the "Policy") issued by the
MBIA Insurance Corporation (the "Insurer"). U.S. Bank Tiust National Association, New York, New
York, (the "Fiscal Agent") is acting as the fiscal agent for the Insurer.
The Policy unconditionally and irrevocably guarantees to any owner or holder of the Obligations or, if
applicable, of the coupons appertainingthereto (the "Owner"), the full and complete payment required to be
made by or on behalf of the issuer of the Obligations (the "Issuer") to the Paying Agent or its successor of
an amount equal to (i) the principal of (either at the stated maturity or by any advancement of maturity
pursuant to a mandatory sinking fund payment) and interest on, the Obligations as such payments shdl
become due but shall not be so paid (except that in the event of any acceleration of the due date of such
principal by reason of mandatory or optional redemption or acceleration resulting from default or
otherwise, other than any advancement of maturity pursuant to a mandatory sinking fund payment, the
payments guaranteed by the Policy shall be made in such amounts and at such times as such payments of
principal would have been due had there not been any such acceleration); and (ii) the reimbursement of any
such payment which is subsequently recovered from any Owner pursuant to a final judgment by a court of
competentjurisdiction that such payment constitutes an avoidable preference (a "Preference") to the Owner
within the meaning of any applicable bankruptcy law. The amounts referred to in clauses (i) and (ii) of the
preceding sentence are referred to collectively in this letter as the "Insured Amounts."
I
The Policy does not insure against loss of any prepayment premium which may at any time be payable
with respect to any Obligations. The Policy does not, under any circumstance, insure against loss relating
to: (i) optional or mandatory redemptions (other than mandatory sinking fund redemptions); (ii) any
payments to be made on an accelerated basis; (iii) payments of the purchase price of Obligations upon
tender by an Owner thereof; or (iv) any Preference relating to (i) through (iii) above.
MBIA
In the event that the Issuer does not make full and complete payment when due of the principal of and
interest on the Obligations, please immediately notify, by telephone or telegraph, the Insurer, 113 King
Street, Armonk, New York, 10504, (914) 273-4545. On the due date or within one business day after
receipt of such notice, whichever is later, the Insurer will deposit funds with the Fiscal Agent sufficient to
pay the Obligations (or, if applicable, coupons appertaining thereto) then due. Upon presentment and
surrender of such Obligations (or, if applicable, coupons) or presentment of such other proof of ownership
of Obligations together with any appropriate instruments of assignment to evidence the assignment of the
Insured Amounts due on the Obligations as are paid by the Insurer, and appropriateinstruments to effect the
appointment of the Insurer as agent for the Owners in any legal proceeding related to payment of Insured
Amounts on the Obligations (or, if applicable, coupons), such instnunents being in a form satisfactory to
the Fiscal Agent, the Fiscal Agent shall disburse to you payment of the Insured Amounts due on such
Obligations (and, if applicable, coupons), less any amount held by you for the payment of such Insured
Amounts and legally available therefor.
Forms of such instruments of assignment and instruments to effect the appointment of the Insurer as such
agent for the Owners (collectively, the "Claim Documents"), which are cmntly acceptable to the Fiscal
Agent and the Insurer, are on file with the Fiscal Agent. The Insurer may, from time to time, file revised
forms of Claim Documents with the Fiscal Agent in substitution for the forms previously filed with the
Fiscal Agent, and upon such filing, the revised forms shall supersede all f o m of Claim Documents
previously i.iled with the Fiscal Agent, except as otherwise directed by the Insurer in writing.
In the event that you shall have prior knowledge of an impending failure by the Issuer to make payment on
the Obligations (or, if applicable, coupons) when due, please immediately notify the Insurer so that it will
be possible to have funds available for you on the due date to make payments against surrendered
Obligations (and, if applicable,coupons).
Your cooperation in this matter will be most appreciated and will make it possible for the Owners of
Obligations guaranteedby the Insurer to be assured of all payments when due.
Very truly yours,
Neil G. Budnick
President
Policy No. 44696
MBIA Insurance Corporation (the "Insurer"), in consideration of the payment of the premium and subject to the terms of this policy, hereby
unconditionally and irrevocably guarantees to any owner, as hereinafter defined, of the following described obligations, the full and complete payment
required to be made by or on behalf of the Issuer to the Treasurer of the State of Kansas, Topeka, Kansas or its successor (the "Paying Agent") of an
amount equal to (i) the principal of (either at the stated maturity or by any advancement of maturity pursuant to a mandatory sinking fund payment) and
interest on, the Obligations (as that term is defined below) as such payments shall become due but shall not be so paid (except that in the event of any
acceleration of the due date of such principal by reason of mandatory or optional redemption or acceleration resulting from default or otherwise, other
than any advancementof maturity pursuant to a mandatory sinking fund payment, the payments guaranteed hereby shall be made in such amounts and at
such times as such payments of principal would have been due had there not been.any such acceleration); and (ii) the reimbursement of any such
payment which is subsequentlyrecovered from any owner pursuant to a finaljudgment by a court of competentjurisdiction that such payment constitutes
an avoidable preference to such owner within the meaning of any applicable bankruptcy law. The amounts referred to in clauses (i) and (ii) of the
preceding sentence shall be referred to herein collectively as the "Ins& Amounts." "Obligations"shall mean:
$5l5,OOO
Series 2004-B
Upon receipt of telephonic or telegraphic notice, such notice subsequently confirmed in writing by registered or ceriified mail, or upon receipt of written
notice by registered or certified mail, by the Insurer from the Paying Agent or any owner of an Obligation the payment of an Insured Amount for which is
then due, that such required payment has not been made, the Insurer on the due date of such payment or within one business day after receipt of notice of
such nonpayment, whichever is later, will make a deposit of funds,in an account with U.S. Bank Trust National Association, in New ~ o r kNew . York
or its successor, s&icient for the payment of any such Insured Amounts which are then due. Upon presentment and surrender of such Obligations or
presentment of such other proof of ownershipof the Obligations, together with any appropriate instruments of assignment to evidence the assignment of
the Insured Amounts due on the Obligations as are paid by the Insurer, and appropriate instruments to effect the appointment of the Insurer as agent for
such owners of the Obligations in any legal proceeding related to payment of Insured Amounts on the Obligations, such instruments being in a form
satisfactory to US. Bank Trust National Association, U.S. Bank Trust National Association shall disburse to such owners, or the Paying Agent payment
of the Insured Amounts due on such Obligations, less any amount held by the Paying Agent for the payment of such Inswed Amounts and legally
available therefor. This policy does not insure against loss of any prepayment premium which may at any time be payable with respect to any
Obligation.
As used herein, the term "owner" shall mean the registered owner of any Obligation as indicated in the books maintained by the Paying Agent, the Issuer,
or any designee of the Issuer for such purpose. The term owner shall not include the Issuer or any party whose agreement with the Issuer constitutesthe
1 underlying security for the Obligations.
Any service of process on the Insurer may be made to the Insurer at its ofices located at I 13King Street, h o n k , New York 10504and such service of
precess shall be valid and biding.
This policy is non-cancellablefor any reason. The premium on this policy is not rehdable for any reason including the payment prior to maturity of the
Obligations.
IN WITNESS WHEREOF, the Insurer has caused this policy to be executed in facsimile on its behalf by its duly authorized officers. this 1st day of
September, 2004.
Vincent S.Orga Malachy Fallon
STANDARD Administntive Offlcur
Managing Director
500 North Akard Street
Llncoln Plaza, Suite 3200
New York,HY 10041.0003
tel212 438-2076 Dallas, l% 75201
vincent-orgo&s$ndardandpoors.ccm te1214 871.1602
maI~fallon@standardandpoors.com
reference no,;682299

113 King Street
Armonk, NY 10504
Attention: Ms. Lisa A. Wilson, Vice President Manager DAC Group
Re: $S,323,OOO City of Newton, Kansas, General Obligation Bonds, Series 2004-A, dntcd:
Sepfemb~r 1,2004, due: September I, 2005-2019, Term Bonds dzde: Sgptmber I, 2024,
(POLICY#44695)
Dear Ms. Wilson:
Pursuant to your request for a Standard Sr Poor's rating on the above-referenced obligations, we
have reviewed the information submitted to us and, subject to the enclosed Terms and Conditions,
have assigned a rating of "AAA". The rating reflects our assessment of the likelihood of
repayment of principal and interest based on the bond insurance policy your company is providing.
Therefore, rating adjustments may result from changes in the financial position of your company
or from alterations in the documenrs governing the issue.
The rating is not investment, financial, or other advice and you should not and cannot rely upon
the rating as such. The rating is based on information supplied to us by you but does not represent
an audit. We undertake no duty of due diligence or independent verification of any information.
The assignment of a rating does not create a fiduciary relationship between us and you or between
us and other recipients of rhe rating. We have not consented to and will not consent to being
named an "expert" under the applicable securities laws, including without limitation, Section 7 of
the Securities Act of 1933. The rating is not a "market rating" nor is it a recommendation to buy,
hold, or sell the obligations.
This letter constitutes Standard & Poor's permission to you to disseminate the above-assigned
rating to interested parties. Standard & Poor's reserves the right to inform its own clients,
subscribers, and the public of the rating.
Standard & Poor's relies on the issuer and its counsel, accountants, and other experts for the
accuracy and coinpleteness of the information submitted in connection with the rating. This rating
is based on financial information and documents we received prior to the issuance of this letter.
Standard & Poor's must receive complete documentation relating to this issue no later than 90
days after the date of this letter. Standard S: Poor's assumes that thc documents you have providcd
10 us are final. If any subsequent changes were made in the final documents, you must notify us of
such changes by sending us the revised final documents with the changes clearly marked.
Ms. Lisa A. Wilson
Page 2
September 1,2004
Standard & Poor's is pleased to be of service to you. For more information please visit our
websife at w m m . If we can be of help in any other way, please contact us.
Thank you for choosing Standard & Poor's and we look forward to working with you again.
Sincerely yours,
Standard & Poor's Ratings Services

a division of The McCraw-Hill Companies, Inc.
By: Vincent S. Orgo

Administrative Officer
kl
enclosure
Vincent S. Orgo Malachy Fallon
STANDARD Adminislntive Officer
55 Warm Street, 38th Floor
Managing Director
SO0 North Akard Street
NEWYork, HY 10041-0003 Lincoln Plaza, Suite 3200
tel212 438-2074 Dallas, TX 75201
~incen~arga@standardandpoom.corn tel214 871.1402
mal-fallon@srandardandpaon.com
reference DO.;682302
September 1,2004

113 King Skeet
Amonk, NY 10504
Attention: Ms. Lisa A. Wilson, Vice President Manager DAC Group
Re: 8515,000 City of Newton, Karisas, Taxable General Obligutiorz Refunding Bonds,
Series 200443, dated: September 1,2004, Ale: September 1,2014, September I , 2024,
(POLICYM4696)
Dear Ms. Wilson:
Pursuant to your request for a Standard & Poor's rating on the above-referenced obligations, we
have reviewed the information submitted to us and, subject to the enclosed Terms and Conditions,
have assigned a rating of "AAA". The rating reflects our assessment of the likelihood of
repayment of principal and interest based on the bond insurance policy your company is providing.
Therefore, rating adjustments may result from changes in the financial position of your company
or from alterations in rhc documents governing the issue.
The rating is not investment, financial, or other advice and you should not and cannot rely upon
the rating as such. The rating is based on information supplied to us by you but does not represent
an audit. We undertake no duty of due diligence or independent verification of any information.
The assignment of a rating does not create a fiduciary relationship betcveen us and you or between
us and other recipients of the raring. Wc have not consented to and will not consent to being
named an "expert" under the applicable securities laws, including without limitation, Section 7 of
the Securities Act of 1933. The rating is not a "market rating" nor is it a recommendation to buy,
hold, or sell the obligations.
This letter constitutes Standard & Poor's permission to you to disseminate the above-assigned
rating to interested parties. Standard & Poor's reserves the right to inform its own clients,
subscribers, and the public of the rating.
Standard & Poor's relics on the issuer and its counsel, accountants, and other experts for the
accuracy and completeness of the information submitted in connection with the rating. This rating
is based on financial information and documents we received prior to the issuance of this letter.
Standard & Poor's must receive complete documentation relaring ro this issue no later than 90
days after the date of this letter. Standard & Poor's assumes that the documents you have provided
to us are final. If any subsequent changes were made in thc final documents, you must notify us of
such changes by sending us the revised final documents with the changes clearly marked.
Ms. Lisa A. Wilson
Page 2
September 1,2004
Standard & Poor's is pleased to be of service to you. For more infomationpIease visit our
website at www.stan.dasdandpoorsS~,~.m_. If we can be of help in any other way, please contact us.
Thmk you for choosing Standard & Poor's and we look forward to working with you again.
Sincerely yours,
Standard & Poor's Ratings Services

a division of The McGraw-Hill Companies, Inc.
By: Vincent S. Orgo

Administrative Officer
kl
enclosure
08/10/2004
CLOSING CERTIFICATE
$5,323,000 $515,000
SERIES 2004-B
The undersigned Mayor and Clerk of the City of Newton, Kansas (the "Issuer"), make this
Certificate for inclusion in the transcript of and as a part of the proceedings authorizing and providing for
the issuance of the above described bonds (the "Series 2004-A Bonds," the "Series 2004-B Bonds" or
collectively, the "Bonds"); and certify as of September 1,2004 (the "Issue Date"), as follows:
1. Meaning of Words and Terms. Capitalized words and terms used in this Certificate, unless
otherwise defined in this Certificate or the context requires otherwise, have the same meanings ascribed to
such words and terms in the Bond Resolution (defined below) authorizing the Bonds.
2. Transcript of Proceedings. The transcript of proceedings relating to the authorization and

issuance of the Bonds (the "Transcript"), furnished to the Purchaser of the Bonds, is to the best of our
knowledge, information and belief full and complete; none of such proceedings have been modified,
amended or repealed, except as might be shown in the Transcript; and the facts stated in the Transcript
still exist. In each instance where copies appear in the Transcript, such copies are true and correct
duplicates of the original instruments now on file with the Clerk. All certifications made by the Issuer in
the Transcript Certificate dated August 10,2004 are true and correct as of this date and are incorporated in
this Certificate by reference.
3. The Bond Resolution. The Issuer is issuing and delivering the Bonds simultaneously with the
delivery of this Certificate, pursuant to and in full compliance with the Constitution and statutes of the
State. The Series 2004-A Bonds are also issued pursuant to K.S.A. 12-6a01 et seq., K.S.A. 12-685 et seq.,
K.S.A. 12-1736 et seq., K.S.A. 13-1024a, as amended by Charter Ordinance No. 35 of the City and
K.S.A. 65-163d through 65-163u, as amended, Ordinance No. 4500-04 and Resolution No. G-901 of the
Issuer duly adopted by the governing body of the Issuer on August 10, 2004 ('jointly the "Series 2004-A
Bond Resolution") for the purpose of financing a portion of the costs of certain infrastructure and public
building improvements (the "Improvements"). The Series 2004-B Bonds are being issued pursuant to
K.S.A. 10-427 et seq., Ordinance No. 4500-04 and Resolution No. G-902 of the Issuer duly adopted by
the governing body of the Issuer on August 10, 2004 ('jointly the "Series 2004-B Bond Resolution") for
the purpose of providing funds to refund the Issuer's outstanding Taxable General Obligation Bonds,
Series 2001-By scheduled to mature in the years 2005 to 201 1, inclusive, in the aggregate principal
amount of $515,000, as described in the Bond Resolution (the "Refimded Bonds"). The purpose of the
refunding is to achieve interest cost savings through early redemption of the Refunded Bonds, to reduce
debt service requirements of the Issuer for certain years, to restructure the debt payments on the Refunded
Bonds and to provide an orderly plan of finance for the Issuer.
JLM403552\CLOSDOCS PART 11(08-10-04)

5. Security for the Bonds. The Bonds are general obligations of the Issuer payable to the extent
necessary, from ad valorem taxes which may be levied without limitation as to rate or amount upon all the
taxable tangible property, real and personal, within the territorial limits of the Issuer. The fill faith, credit
and resources of the Issuer are pledged under the Series 2004-A Bond Resolution and Series 2004-B
Bond Resolution, respectively (collectively, the "Bond Resolution") to the payment of the principal of and
interest on the Bonds. In addition, the Series 2004-A Bonds are payable in part fiom special assessments
levied upon the property benefited by the Improvements.
6. Sale of Bonds. The Bonds have been sold at rates not in excess of the limitations set forth in
K.S.A. 10-1009.
7. Preliminary Official Statement and Official Statement. The Preliminary Official Statement
and the Official Statement contained in the Transcript constitute full, true and correct copies of the
Preliminary Official Statement and final Official Statement relating to the Bonds. To the best of our
knowledge, in said Preliminary Official Statement, as amended and supplemented by the final OEcial
Statement, other than the sections entitled "The Depository Trust Company," "The MBIA Insurance
Corporation Insurance Policy," "Bond Ratings," "Legal Matters," and Appendices B, C and D, about
which the Issuer expresses no opinion, is true in all material respects, and does not contain any untrue
statement of a material fact or does not omit to state a material fact, except for the omission of such
information in the Preliminary Official Statement as is permitted by Rule 15c2-12(b)(l) of the Securities
and Exchange Commission (the "SEC Rule"), necessary in order to make the statements made therein, in
light of the circumstances under which they were made, not misleading. As of this date there has not been
any material adverse change in the business properties, fmancial condition or the results of operations of
the Issuer, whether or not arising from transactions in the ordinary course of business, from that set forth
in the Preliminary Official Statement, and except in the ordinary course of business or as set forth in the
final Official Statement, the Issuer has not incurred any material liability since the date of the final
Official Statement which must be disclosed in order to make the statements therein not misleading in any
material respect as of the Issue Date. The Issuer has previously caused to be delivered to the Purchaser
copies of the final Official Statement.
8. Continuing Disclosure Instructions. The Issuer, in the Bond Resolution, has covenanted to
disseminate such information as is required in accordance with the provisions of the SEC Rule and the
Continuing Disclosure Instructions, which are attached to this Certificate as Exhibit A, and incorporated
in this Certificate by reference.
9. Non-Litigation. There is no controversy, action, suit, proceeding, or to the best of our

knowledge, any inquiry or investigation at law or in equity or before or by any public board or body
pending or, to the best or our knowledge, threatened against or affecting the Issuer, its officers or its
property, or, to the best of our knowledge, any basis therefor questioning, disputing or affecting in any
way: (a) the legal organization of the Issuer or its boundaries; (b) the right or title of any of its offkers to
their respective offices; (c) the legality of any official act shown to have been done in the Transcript; (d)
the constitutionality or validity of the indebtedness represented by the Bonds shown to be authorized in
the Transcript; (e) the validity of the Bonds, or any of the proceedings had in relation to the authorization,
issuance or sale thereof; (f) the levy and collection of an ad valorem property tax to pay the principal of
and interest on the Bonds; or (g) the federal or state tax-exempt status of the interest on the Bonds;
wherein any unfavorable decision, ruling or finding would adversely affect the Issuer, the transactions
contemplated by the Bond Purchase Agreement, or by the Bond Resolution or the Official Statement, or
JLN\403552\CLOSDOCSPART I1 (08-10-04)
the validity or enforceability of the Bonds or the Bond Purchase Agreement, which are not disclosed in
the final Official Statement.
10. Representations and Warranties Required by the Bond Purchase Agreement. The Issuer
has duly performed all of its obligations required to be performed at or prior to the date of this Closing
Certificate by the Bond Purchase Agreement and each of the Issuer's representations and warranties
contained in the Bond Purchase Agreement are true as of the Issue Date.
[BALANCE OF THIS PAGE INTENTIONALLYLEFT BLANK]
3
WITNESS our hands and the seal of the Issuer.
Signature Official Title
Mayor
Clerk
JLN\403552\CLOSDOCS PART I1 (08-10-04)

4
08/10/2004
EXHIBIT A
CONTINUING DISCLOSURE INSTRUCTIONS
$5,323,000 $515,000
SERIES 2004-B
THESE CONTINUING DISCLOSURE INSTRUCTIONS (the "Disclosure Instructions") are

executed and delivered by the Issuer in connection with the issuance of the above-described bonds
(collectively, the "Bonds") which are being issued simultaneously herewith as of September 1, 2004,
pursuant to the Bond Resolution, in which the Issuer covenants to enter into this undertaking to provide
certain financial and other information with respect to the Bonds in order to assist the Participating
Underwriter in complying with the provisions of the Rule. The Issuer is the only "obligated person" with
responsibility for continuing disclosure with respect to the Bonds.
Section 1. Definitions. In addition to the definitions set forth in the Bond Resolution, which
apply to any capitalized term used in these Disclosure Instructions, unless otherwise defined herein, the
following capitalized terms shall have the following meanings:
"Annual Report" means any Annual Report provided by the Issuer pursuant to, and as described
in, Section 2 of these Disclosure Instructions.
"Beneficial Owner" means any registered owner of any Bonds and any person which (a) has the
power, directly or indirectly, to vote or consent with respect to, or to dispose of ownership of, any Bonds
(including persons holding Bonds through nominees, depositories or other intermediaries), or (b) is treated
as the owner of any Bonds for federal income tax purposes.
"Bond Resolution" means jointly the ordinance and the resolutions of the governing body of the
Issuer authorizing the issuance of the Bonds.
"Dissemination Agent'' means any entity designated in writing by the Issuer to serve as
dissemination agent pursuant to these Disclosure Instructions and which has filed with the Issuer a written
acceptance of such designation substantially in the form attached hereto as Exhibit C.
"Financial Information1' means the financial information of the Issuer described in Section
2(a) (1) hereof.
A- I
"Fiscal Year" means the one year period ending December 3 1, or such other date or dates as may
be adopted by the Issuer for its general accounting purposes.
"GAAP" means generally accepted accounting principles, as applied to governmental units, as in

effect at the time of the preparation of the Financial Information.
means the City and any successors or assigns.
"Material Events" means any of the events listed in Section 3(a) hereof.
"National Repositoryf1means any Nationally Recognized Municipal Securities Information

Repository for purposes of the Rule. The National Repositories currently approved by the Securities and
Exchange Commission are set forth in Exhibit B.
"Official Statement" means the Issuer's Official Statement for the Bonds.
'loperating Data" means the operating data of the Issuer described in Section 2(a)(2) hereof.
"Participating Underwriter1'means any of the original underwriters of the Bonds required to

comply with the Rule in connection with offering of the Bonds.
llRule"means Rule 15c2-12(b)(5) adopted by the SEC under the Securities Exchange Act of 1934,
as the same may be amended from time to time.
I1SEC"means the Securities and Exchange Commission of the United States.
"State Repository" means any public or private repository or entity designated by the State of
Kansas as a state repository for the purpose of the Rule and recognized as such by the SEC. As of the date
of these Disclosure Instructions, there is no State Repository.
Section 2. Provision of Annual Reports.
(a) The Issuer shall, or shall cause the Dissemination Agent to, not later than 210 days after the
end of the Issuer's Fiscal Year, commencing with the Fiscal Year ended in 2003, provide to each Repository
the Issuer's Financial Information and Operating Data (jointly, the "Annual Report") as follows:
(1) Firzartcial Informatiort. The fmmcial statements of the Issuer for such prior Fiscal
Year, accompanied by an audit report resulting fiom an audit conducted by an Independent
Accountant in conformity with generally accepted auditing standards. Such financial statements
will be prepared in accordance with GAAP on a modified accrual basis of accounting for
governmental fund types and expendable trust funds. The modified accrual basis of account in
used for agency funds. The accrual basis of accounting is used for proprietary and pension and
trust fund types. A more detailed explanation of the accounting basis is contained in Appendix B
to the Official Statement. If such audit report is not available by the time the Annual Report is
required to be filed pursuant to this Section, the Annual Report shall contain unaudited financial
JLW03552\CLOSDOCS PART I1 (08-10-04)
A-2
statements and the audit report and accompanying financial statements shall be filed in the same
manner as the Annual Report promptly after they become available. In the event that GAAP has
changed since the submission of the last Annual Report, and if such changes are material to the
Issuer, a narrative explanation describing the impact of such changes shall be contained in the
Annual Report.
(2) Operating Data. Updates as of the end of the Fiscal Year of substantially all of the
information and data contained in those sections of Appendix A to the Official Statement entitled
"Economic Information," "Financial Information" and "Debt Structure."
Any or all of the items listed above may be included by specific reference to other
documents, including official statements of debt issues with respect to which the Issuer is an
"obligated person" (as defined by the Rule), which have been filed with each of the Repositories,
the MSRB or the SEC. If the document included by reference is a final official statement, it must
be available from the MSRB. The Issuer shall clearly identify each such other document so
included by reference. In each case, the Annual Report may be submitted as a single document or
as separate documents comprising a package, and may cross-reference other information as
provided in this Section; provided that the audit report and accompanying financial statements
may be submitted separately from the balance of the Annual Report and later than the date
required above for the filing of the Annual Report if they are not available by that date. If the
Issuer's Fiscal Year changes, it shall give notice of such change in the same manner as for a
Material Event under Section 3(b).
(b) If no Dissemination Agent has been appointed, the Issuer shall:
(1) determine each year prior to the date for providing the Annual Report the name
and address of each Repository; and
(2) file the Annual Report as specified by Section 2(a) hereof; or if the Annual
Report is not filed within the time period specified in Section 2(a) hereof, the Issuer shall send a
notice to each Repository in substantially the form attached as Exltibit A.
Section 3. Reporting of Material Events.
(a) Pursuant to the provisions of this Section, the Issuer shall give, or cause the Dissemination
Agent, if any, to give, notice of the occurrence of any of the following events with respect to the Bonds, if
the Issuer deems such events to be material:
(1) principal and interest payment delinquencies;
(2) non-payment related defaults;
(3) modifications to rights of bondowners;
(4) optional, contingent or unscheduled bond calls;
(5) defeasances;
(6) rating changes;

(7) adverse tax opinions or events affecting the tax-exempt status of the Bonds;
(8) unscheduled draws on debt service reserves reflecting financial difficulties;
(9) unscheduled draws on credit enhancements reflecting financial diff~culties;
(10) substitution of credit or liquidity providers, or their failure to perform; or
(11) release, substitution or sale of property securing repayment of the Bonds.
(b) Such notice shall be given by promptly filing a notice of such occurrence with each
National Repository or the MSRB and the State Repository, with copies to the Bond Insurer.
Notwithstanding the foregoing, notice of Material Events described in subsections (a)(4) and (5) need not
be given under this subsection any earlier than the notice (if any) of the underlying event is given to the
Owners of affected Bonds pursuant to the Bond Resolution.
Section 4. Dissemination -Agent.
(a) General. The Issuer may, fiom time to time, appoint or engage a Dissemination Agent to
assist it in carrying out its obligations under these Disclosure Instructions, and may discharge any such
Dissemination Agent, with or without appointing a successor Dissemination Agent.
(b) Aiz~tualReports. If a Dissemination Agent shall be appointed, not later than 15 Business
Days prior to the date specified in Section 2(a) for providing the Annual Report to the Repositories, the
Issuer shall provide the Annual Report to the Dissemination Agent. The Dissemination Agent shall
determine each year prior to the date for providing the Annual Report the name and address of each
Repository; and file a report with the Issuer certifjmg that the Annual Report has been provided pursuant to
these Disclosure Instructions, stating the date it was provided, and listing all the Repositories to which it was
provided, or that the Issuer has certified to the Dissemination Agent that the Issuer has provided the Annual
Report to the Repositories. If the Dissemination Agent has not received an Annual Report or has not
received a written notice fi-om the Issuer that it has provided an Annual Report to the Repositories by the
date required in Section 2(a), the Dissemination Agent shall send a notice to each Repository in
substantially the form attached as Exhibit A.
(c) Material Event Notices.
(1) The Dissemination Agent shall, promptly after obtaining actual knowledge of the
occurrence of the occurrence of any event that it believes may constitute a Material Event, contact
the chief financial officer of the Issuer or his or her designee, or such other person as the Issuer
shall designate in writing to the Dissemination Agent from time to time, inform such person of
the event, and request that the Issuer promptly notify the Dissemination Agent in writing whether
or not to report the event pursuant to Section 4(c)(3).
(2) The Issuer will promptly respond in writing to any such request. Whenever the
Issuer obtains knowledge of the occurrence of a Material Event, because of a notice from the
Dissemination Agent pursuant to this subsection (c) or otherwise, the Issuer shall promptly
determine if such event would be material under applicable federal securities law. If the Issuer
has determined that knowledge of the occurrence of a Material Event would be material under
I JLN\403552\CLOSDOCSPART I1 (08-10-04)
A-4
applicable federal securities law, the Issuer shall promptly so notify the Dissemination Agent in
writing. Such notice shall instruct the Dissemination Agent to report the occurrence pursuant to
Section 4(c)(3). If the Issuer has determined that knowledge of a Material Event would not be
material under federal securities law, the Issuer shall promptly so notify the Dissemination Agent
in writing. Such notice shall instruct the Dissemination Agent not to report the occurrence
pursuant to Section 4(c)(3).
(3) If the Dissemination Agent has been given written instructions by the Issuer to
report the occurrence of a Material Event, the Dissemination Agent shall promptly file a notice of
such occurrence with each National Repository or the MSRB and the State Repository, with
copies to the Issuer and the Bond Insurer. Notwithstanding the foregoing, notice of Material
Events described in Sections 3(a)(4) and (5) need not be given under this subsection any earlier
than the notice (if any) of the underlying event is given to the Owners of affected Bonds pursuant
to the Bond Resolution.
(d) Duties, Iininunities and Liabilities of Disseinination Agent. The Dissemination Agent
shall have only such duties as are specifically set forth in these Disclosure Instructions, and the Issuer agrees
to indemnify and save the Dissemination Agent, its officers, directors, employees and agents, harmless
against any loss, expense and liabilities which it may incur arising out of or in the exercise or performance
of its powers and duties hereunder, including the costs and expenses (including attorneys fees) of defending
against any claim of liability, but excluding liabilities due to the Dissemination Agent's negligence or willll
misconduct. The obligations of the Issuer under this Section shall survive resignation or removal of the
Dissemination Agent and payment of the Bonds. The Dissemination Agent shall not be responsible in any
manner for the content of any notice or report prepared by the Issuer pursuant to these Disclosure
Instructions.
Section 5. Termination of Reporting Obligation. The Issuer's obligations under these

Disclosure Instructions shall terminate upon the legal defeasance, prior redemption or payment in full of all
of the Bonds. If the Issuer's obligations hereunder are assumed in full by some other entity as permitted in
the Bond Resolution, such person shall be responsible for compliance with under these Disclosure
Instructions in the same manner as if it were the Issuer, and the Issuer shall have no further responsibility
hereunder. If such termination or substitution occurs prior to the final maturity of the Bonds, the Issuer shall
give notice of such termination or substitution in the same manner as for a Material Event under
Section 3@).
Section 6. Amendment; Waiver. Notwithstanding any other provision of these Disclosure

Instructions, the Issuer and the Dissemination Agent, if any, may amend of these Disclosure Instructions
(and the Dissemination Agent shall not unreasonably refuse to execute any amendment so requested by the
Issuer) and any provision of these Disclosure Instructions may be waived, provided that: (a) Bond Counsel
or other counsel experienced in federal securities law matters provides the Issuer and the Dissemination
Agent, if any, with its opinion that the undertaking of the Issuer contained herein, as so amended or after
giving effect to such waiver, is in compliance with the Rule and all current amendments thereto and
interpretations thereof that are applicable to of these Disclosure Instructions; (b) if the amendment or waiver
relates to Sections 2(a) or 3(a), it may only be made in connection with a change in circumstances that
arises from a change in law or legal requirements, or change in the identity, nature or status of an obligated
person with respect to the Bonds, or the type of business conducted; and (c) the amendment or waiver is
either (1) approved by the Owners of the Bonds in the same manner as provided in the Bond Resolution
with consent of the Owners, or (2) does not in the opinion of Bond Counsel materially impair the interests of
the Owners or Beneficial Owners of the Bonds.
JLN403552\CLOSDOCSPART 11 (08-10-04)
A-5
In the event of any amendment or waiver of a provision of these Disclosure Instructions, the Issuer
shall describe such amendment in the next Annual Report, and shall include, as applicable, a narrative
explanation of the reason for the amendment or waiver and its impact on the type (or, in the case of a change
of accounting principles, on the presentation) of Financial Information or Operating Data being presented by
the Issuer. In addition, if the amendment relates to the accounting principles to be followed in preparing
financial statements: (a) notice of such change shall be given in the same manner as for a Material Event
under Section 3(b), and (b) the Annual Report for the year in which the change is made should present a
comparison (in narrative form and also, if feasible, in quantitative form) between the financial statements as
prepared on the basis of the new accounting principles and those prepared on the basis of the former
Section 7. Additional Information. Nothing in these Disclosure Instructions shall be

deemed to prevent the Issuer from disseminating any other information, using the means of dissemination
set forth in these Disclosure Instructions or any other means of communication, or including any other
information in any Annual Report or notice of occurrence of a Material Event, in addition to that which is
required by these Disclosure Instructions. If the Issuer chooses to include any information in any Annual
Report or notice of occurrence of a Material Event, in addition to that which is specifically required by these
Disclosure Instructions, the Issuer shall have no obligation under these Disclosure Instructions to update
such information or include it in any future Annual Report or notice of occurrence of a Material Event.
Section 8. Noncompliance. In the event of a failure of the Issuer or the Dissemination Agent,
if any, to comply with any provision of these Disclosure Instructions, the Participating Underwriter or any
Beneficial Owner of the Bonds may take such actions as may be necessary and appropriate, including
seeking mandamus or specific performance by court order, to cause the Issuer or the Dissemination Agent,
if any, as the case may be, to comply with its obligations under these Disclosure Instructions.
Noncompliance with the provisions of these Disclosure Instructions shall not be deemed an Event of Default
under the Bond Resolution, and the sole remedy under these Disclosure Instructions in the event of any
failure of the Issuer or the Dissemination Agent, if any, to comply with these Disclosure Instructions shall
be an action to compel performance.
Section 9. ~otices.-kny notices or communications to or among any of the parties referenced

in these Disclosure Instructions may be given as follows:
(a) To the Issuer at:
City Hall
201 E. 6th
P.O. Box 426
Attention: Clerk
(b) To the Participating Underwriter at:
George K. Baurn & Company

100 N. Main, Suite 8 10
Attention: Manager, Municipal Bond Department
A-6
(c) To the Bond Insurer:

113 King Street
Arrnonk, New York 10504
or such other address as-isfurnished in writing to the other parties referenced herein.
(d) To the Dissemination Agent at the address set forth on Exhibit C attached hereto.
Any person may, by written notice to the other persons listed above, designate a different address or
telephone nurnber(s) to which subsequentnotices or communications should be sent.
Section 10. Beneficiaries. These Disclosure Instructions shall inure solely to the benefit of the
Issuer, the Dissemination Agent, if any, the Participating Underwriter and Beneficial Owners from time to
time of the Bonds, and shall create no rights in any other person or entity.
Section.11. Severability. If any provision in these Disclosure Instructions, the Bond

Resolution or the Bonds relating hereto, shall be invalid, illegal or unenforceable, the validity, legality and
enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
Section 12. Governing Law. These Disclosure Instructions shall be governed by and
construed in accordance with the laws of the State of Kansas.

Mayor

EXHIBIT A
NOTICE TO REPOSITORIES OF FAILURE TO FILE ANNUAL REPORT
Name of Issuer: City of Newton, Kansas
Name of Bond Issue: $5,323,000 General Obligation Bonds, Series 2004-A, and $515,000
Taxable General Obligation Refunding Bonds, Series 2004-B, dated as of
September 1,2004
Name of Obligated Person: City of Newton, Kansas
Date of Issuance: September 1,2004
NOTICE IS GIVEN that the City of Newton, Kansas (the "Issuer") has not provided an Annual Report
with respect to the above-named Bonds as required by the Continuing Disclosure Instructions dated as of
September 1,2004. The Issuer anticipates that the Annual Report will be filed by
Dated:
BY ,as
Dissemination Agent
cc: City of Newton, Kansas
EXHIBIT B
Nationally Recognized Municipal Securities Information Repositories approved by the Securities and
as of September 1,
Exchange Commission and as listed at http:ll~m.sec.~ov/info/municipaf/mn~~ir.htin
2004:
Bloomberg Municipal Repository

100 Business Park Drive
Skillman, New Jersey 08558-3629
Phone: (609) 279-3225
Fax: (609) 279-5962
contactinfo.html
http://www.bloon~ber~.con?/n?arkets/~-ateslm~mi
E-Mail: Munis@,Bloomber9;.coin
DPC Data Inc.

One Executive Drive
Fort Lee, New Jersey 07024
Phone: (201) 346-0701
Fax: (201) 947-0107
http://wtmv.dvcdata.com
E-Mail: nrmsir@,dpcdata.com
FT Interactive Data
Attn: NRMSIR
100 William Street
Phone: (212) 771-6999
Fax: (212) 771-7390 (Secondary Market Information)
(212) 77 1-7391 (Primary Market Information)
http:llwww.Ninteractivedata.com
E-Mail: NRMSIR@,FTID.com
Standard & Poor's Securities Evaluations, Inc.

55 Water Street, 45' Floor
Phone: (212) 438-4595
Fax: (212) 438-3975
httl3://www.iikenny.com/iikeni1yIpserdescdp data rep.html
E-mail: m-msir rei,ositor~~@sandp.com

B-I
ACCEPTANCE OF DISSEMINATION AGENT
Name of Issuer: city of Newton, Kansas
Name of Bond Issue: $5,323,000 General Obligation Bonds, Series 2004-A; and $515,000
Taxable General Obligation Refunding Bonds, Series 2004-Bydated as of
September 1,2004
Dissemination Agent:
Notice Address of Dissemination Agent:
, having been duly appointed by the City of Newton, Kansas to act

in the capacity of Dissemination Agent pursuant to the Continuing Disclosure Instructions to which this
acceptance is attached, accepts such duties and responsibilities set forth therein.
Dated:
JLM403552\CLOSDOCS PART II (08-10-04)

08/10/2004
FEDERAL TAX CERTIFICATE
$5,323,000
SERIES 2004-A
The undersigned Mayor of the City of Newton, Kansas (the "Issuer"), being charged with the
responsibility for issuing the above-described bonds (the "Bonds"), certifies as of September 1,2004 (the
"Issue Date"), as follows:
1. Meaning of Words and Terms. Words and phrases used in this Certificate generally
have the meanings assigned in 9 148 of the Internal Revenue Code of 1986, as amended (the "Code"), and
in the applicable U.S. Treasury Regulations (the "Regulations"), and capitalized terms not defined in this
Certificate have the meanings set forth in Ordinance No. 4500-04 and Resolution No. G-901 of the Issuer
duly adopted by the governing body of the Issuer on August 10,2004 (jointly the "Bond Resolution").
2. Authority and Purpose for Bonds. The Issuer is issuing and delivering the Bonds
pursuant to and in 111 compliance with the Constitution and statutes of the State, including particularly
K.S.A. 12-6a01 et seq., K.S.A. 12-685 et seq., K.S.A. 12-1736 et seq., K.S.A. 13-1024a, as amended by
Charter Ordinance No. 35 of the City and K.S.A. 65-163d through 65-163u, as amended. The Bonds are
being issued for the purpose of providing funds to pay a portion of the costs of certain infrastructure and
public building improvements, as described in the Bond Resolution, unless otherwise noted herein, said
infrastructure and public building improvements to be financed with proceeds of the Bonds are referred to
in this Certificate as the "Improvements".
3. Amount and Use of Bond Proceeds and Other Funds. The proceeds received from the
sale of the Bonds, as evidenced by the Receipt for Purchase Price executed by the Clerk of the Issuer will
be allocated simultaneously with the delivery of the Bonds as follows:
(a) All accrued interest received from the sale of the Bonds will be deposited in the
Debt Service Account and allocated to pay interest on the Bonds.
(b) The sum of $30,850 will be deposited in the Costs of Issuance Account and
allocated to pay the Costs of Issuance of the Bonds.
- (c) The remaining Bond proceeds in the amount of $5,295,017.80, together with
funds provided by the Issuer in accordance with subsection (d) hereof, will be deposited in the
Improvement Fund and allocated to pay costs of the Improvements.
(d) In addition to proceeds of the Bonds, the Issuer will allocate available moneys
representing special assessments paid in cash for the Improvements in an amount of $103,167.49
to pay a portion of the costs of the Improvements.
JLW3552\CLOSDOCS PART I1 (08-10-04)

In allocating Bond proceeds and other money to expenditures for federal income tax purposes in
accordance with Section 12(g), the Issuer will use a "bond proceeds spent first" allocation method and
will specifically trace proceeds of the Bonds to the assets financed. However, the Issuer reserves the right
to use a different method to account for the expenditure of Bond proceeds so long as that method is
selected within the time period permitted under the Regulations.
4. Completion of the Improvements. The Issuer has incurred, or will incur within six
months after the Issue Date, a substantial binding obligation to a third party to expend at least 5% of the
net sale proceeds of the Bonds (as defined below) on the Improvements. As of the date hereof, the
Improvements are substantially complete. At least 85% of the net sale proceeds of the Bonds will be
allocated to expenditures on the Improvements within 3 years after the Issue Date. Net sale proceeds of
the Bonds means the aggregate of the Offering Prices of the Bonds as defined in Section 9 hereof.
5. No Over-issuance. The sale proceeds of the Bonds, together with expected investment
earnings on such proceeds, and other amounts contributed by the Issuer, do not exceed the cost of the
governmental purpose of the Bonds as described above.
6. Governmental Bond Tests and Related Requirements.
(a) General. The Issuer will not use any portion of the Bond proceeds, including any
investment earnings on such proceeds, directly or indirectly, nor permit the use of any portion of the
Improvements, in a manner that would cause any Bond to be a "private activity bond" as defined in Code
8 141.
(b) Use of Proceeds. All of the Improvements will be owned by the Issuer or another State
or local governmental unit. Not more than 10% of the Improvements will be used in a use that constitutes
a "private business use." For purposes of the foregoing, to the extent that the net proceeds of the Bonds
are used to pay principal or interest on another obligation ("Prior Obligations") that directly or indirectly
financed the cost of acquiring or constructing property, the forgoing representations relate to the property
financed by the Prior Obligations. The term "private business use" means any use described in
Regulations 3 1.141-3 and generally includes ownership, lease and any other use that grants a person or
entity a special legal right or entitlement with respect to the property.
(c) Private Security or Payment. The payment of principal and interest on the Bonds will
not be (under the terms of the Bonds or any underlying arrangement) directly or indirectly:
(1) secured by (i) any interest in property used or to be used for a private business
use, or (ii) any interest in payments in respect of such property; or
(2) to be derived from payments (whether or not such payments are made to the
Issuer) in respect of property, or borrowed money, used or to be used for a private business use.
For purposes of the foregoing, taxes of general application are not treated as a private payment or
as private security.
(dl No Private Loan, Special Assessments. Not more than the lesser of $5,000,000 or
5% of the proceeds of the Bonds will be loaned directly or indirectly to any person or entity that is not a
State or local governmental unit. The payment of principal and interest on the Bonds will be funded, in
whole or in part from mandatory special assessments against the property benefiting from the
Improvements. The use of the proceeds of the Bonds is not treated as a loan of the Bond proceeds

2
because (1) the special assessment is an enforced contribution for the purpose of raising revenue for
specific capital improvements; (2) the assessment does not include any fee for services; (3) the
assessment and collection of the tax is not dependent upon, and does not vary, depending on whether the
taxpayer engaged, or the property is used, in a trade or business; and (4) the tax is imposed to pay for an
essential governmental function.
(e) No Federal Guarantees. The Issuer will not take any action or permit any action to be
taken which would cause the Bonds to be "federally guaranteed" within the meaning of Code 5 149(b).
(f) Maitagenzent Contracts. The Issuer will not enter into or renew any "management
contract" (defined below) with any person or entity, other than a governmental unit, without first
obtaining an opinion of Bond Counsel, addressed to the Issuer, that such management contract will not
adversely affect the exclusion of the interest on the Bonds from gross income for federal income tax
purposes. The term "management contract" is defined in. Regulations 5 1.141-3(b) as a management,
service, or incentive payment contract with an entity that provides services involving all or a portion of
any function of the Improvements, such as a contract to manage the Improvements or any portion thereof.
Contracts for services that are solely incidental to the primary governmental function of the
Improvements (for example, contracts for janitorial, office equipment repair, billing, or similar services)
are not treated as management contracts.
(g) Leases. The Issuer will not enter into or renew a lease of all or any portion of the
Improvements (disregarding portions used by members of the general public who occupy portions of the
Improvements on a short-term basis in the ordinary course of the Issuer's operation of the Improvements)
with any tenant that is not a governmental unit, without first obtaining an opinion of Bond Counsel,
addressed to the Issuer, that such lease will not adversely affect the exclusion of the interest on the Bonds
from gross income for federal income tax purposes.
7. Sinking Funds. The Issuer is required under the Bond Resolution to make periodic
payments in amounts sufficient to pay the principal of and interest on the Bonds. The Issuer will deposit
such payments into the Debt Service Account. Except for the Debt Service Account, the Issuer has not
established, and does not expect to establish, any sinking fund or other similar fund expected to be used
directly or indirectly to pay principal of or interest on the Bonds. The Debt Service Account is used
primarily to achieve a proper matching of revenues with principal and interest payments on the Bonds
within each bond year and the Issuer expects that the Debt Service Account will qualify as a "bona fide
debt service fund," as said term is defined in the Regulations.
8. Reserve, Replacement and Pledged Funds. No reserve fund has been or will be
established for the Bonds. No Bond proceeds will be used as a substitute for other funds that were
intended or earmarked to pay costs of the Improvements and that have been or will be used to acquire
higher yielding investments. Except for the Debt Service Account, there are no other funds pledged or
committed in a manner that provides reasonable assurance that such funds would be available for
payment of the principal of or interest on the Bonds even if the Issuer encounters financial difficulty.
9. Yield.
(a) Offering Price. In the Receipt and Representation (the "Receipt") a representative of the
Purchaser has certified that (i) all of the Bonds have been the subject of an initial offering to the "public"
(i.e.,to purchasers other than bond houses and brokers, or similar persons or organizations acting in the
capacity of purchasers or wholesalers) at prices no higher than those shown on the Receipt, plus accrued
interest (the "Offering Prices"); and (ii) the Purchaser expects that at least 10% of the Bonds of each
3
maturity will be sold to the public at initial offering prices no higher than said Offering Prices. The
aggregate initial offering price of the Bonds is $5,417,247.80, plus accrued interest.
(b) Boitd Yield. Based on the Offering Prices, the yield on the Bonds is 4.24617%, as
computed by the Purchaser and shown on Schedule I attached to this Certificate. Costs of Issuance were
not taken into account in this computation. The premium for the Bond Insurance Policy ($30,390.57) has
been treated as a payment for a qualified guarantee under Regulations 5 1.148-4(f). The present value of
the Bond Insurance Policy premium is less than the present value of the interest expected to be saved as a
result of the Bond Insurance Policy. In the Receipt, the Purchaser has represented that the premium for
the Bond Insurance Policy does not exceed a reasonable, arm's-length charge for the transfer of credit
risk. In the Certificate of Bond Insurer, the Bond Insurer has represented that the Bond Insurance Policy
premium does not include any payment for any direct or indirect services other than the transfer of credit
risk.
The Bonds maturing on September 1,2024 are subject to the special rules of Regulations 5 1.148-
4(b)(3) for certain Bonds that are subject to optional redemption and issued at an original issue premium
that exceeds the stated redemption price at maturity by more than %% multiplied by the product of the
stated redemption price at maturity and the number of complete years to the first optional redemption date
for such Bond. Such maturity was sold to the public at an original issue premium in excess of the formula
stated above. Therefore, in computing yield on the Bonds, such maturity was treated as redeemed at the
stated redemption price on the optional redemption date (September 1, 2014) that produces the lowest
yield for the Bonds.
10. Investment of Proceeds and Arbitrage Rebate.
(a) Iizvestiitent Iitstructions. The investment of Bond proceeds is subject to certain

restrictions under the Code and the applicable US. Treasury Regulations. The Issuer will comply with
the Arbitrage Instructions attached to this Certificate as Exhibit A, which set forth those restrictions.
(b) Rebate Instructions. All of the sale proceeds of the Bonds and investment earnings
thereon are to be used within six months after the Issue Date to pay costs of the Improvements, except for
an amount not to exceed 5% of the aggregate Offering Prices of the Bonds. Any unspent amount on hand
six months following the Issue Date will be transferred to the Debt Service Account and used to pay
interest on the Bonds on or before the first anniversary of the Issue Date. On or before seven months
following the Issue Date, the Issuer will provide Bond Counsel with a written account of the actual
investment and expenditure of the proceeds of the Bonds. Thereafter Bond Counsel will render its
opinion that no other rebate computations are required with respect to the Bonds. Alternatively Bond
Counsel will provide the Issuer with Rebate Instructions setting out additional requirements that the
Issuer will follow relating to the computation and payment of arbitrage rebate to the United States in
accordance with Code 5 148(f).
11. Bank Qualified Tax-Exempt Obligation. The Issuer designates the Bonds as "qualified
tax-exempt obligations" under Code 5 265(b)(3), and with respect to said designation certifies as follows:
(a) the reasonably anticipated amount of tax-exempt obligations (other than private
activity bonds which are not "qualified 501(c)(3) bonds") which will be issued by or on behalf of
the Issuer (and all subordinate entities of the Issuer) during calendar year that the Bonds are
issued is not reasonably expected to exceed $10,000,000; and
JLNM03552\CLOSDOCS PART I1 (08-10-04)

4
(b) the Issuer (including all subordinate entities of this Issuer) will not issue an
aggregate principal amount of obligations designated by the Issuer to be "qualified tax-exempt
obligations" during calendar year that the Bonds are issued, including the Bonds, in excess of
$10,000,000, without first obtaining an opinion of Bond Counsel that the designation of the
Bonds as "qualified tax-exempt obligations" will not be adversely affected.
12. Miscellaneous.
(a) Reasonable Expectations. To the best of my knowledge, information and belief, the
facts and estimates set forth in this Certificate are accurate and the expectations of the Issuer set forth in
this Certificate are reasonable.
(b) Expected Use. The Issuer expects to use the Improvements for its governmental
purposes over the term of the Bonds, except for personal property disposed of in the ordinary course
which will have a market value (as of the disposition date) not greater than 25% of its cost. The weighted
average maturity of the Bonds does not exceed the expected economic life of the assets to be financed
with the proceeds of the Bonds.
(c) Hedge Bonds. The Issuer expects that (1) at least 85% of the net sale proceeds of the
Bonds will be used to carry out the governmental purposes of the Bonds within 3 years after the Issue
Date, and (2) not more than 50% of the Bond proceeds will be invested in investments having a
substantially guaranteed yield for four years or more.
(d) Single Issue; No Other Issues. The Bonds constitute a single "issue" under Regulations
tj1.150-1(c). No other obligations of the Issuer (1) are being sold within 15 days of the sale of the Bonds;
(2) are being sold pursuant to the same plan of financing as the Bonds; and (3) are expected to be paid
from substantially the same source of funds-(disregardingguarantees fi-om unrelated parties, such as bond
insurance).
(e) Reinzbursemeitt. Any Bond proceeds used to reimburse the Issuer for expenditures made
prior to the Issue Date will comply with the provisions of 9 1.150-2 of the Regulations.
(f) IRS Filing. The Issuer will file with the Internal Revenue Service ("IRS") its Form
8038-G within the time period allowed by the Code and Regulations. The information contained in such
form was supplied by the Issuer and is true, complete and correct as of the Issue Date.
(g) Records. The Issuer recognizes that (i) investors purchase the Bonds with the
expectation that interest on the Bonds is and will remain excludable from gross income for Federal
income tax purposes, (ii) the tax-exempt status of interest on the Bonds depends on the accuracy of the
Issuer's representations and the satisfaction of the Issuer's covenants contained in this Certificate, many
of which relate to matters that will occur after the date the Bonds are issued, and (iii) as part of its
ongoing tax-exempt bond audit program the Internal Revenue Service requires that records be created and
maintained with respect to the following matters:
(1) Documentation evidencing the expenditure of Bond proceeds in sufficient detail

to determine the date of the expenditure, the asset acquired or the purpose of the expenditure.
(2) Documentation evidencing the use of Bond-financed property by public and

private persons (i.e., copies of management contracts or research agreements).
5
(3) Documentation evidencing all sources of payment or security for the Bonds.
(4) Documentation pertaining to any investment of Bond proceeds (including the

purchase and sale of securities, SLGs subscriptions, actual investment income received the
investment of proceeds, guaranteed investment contracts, and (if required) rebate calculations).
The Issuer has procedures in place or will establish procedure to create and retain these records. Unless
otherwise specifically instructed in a written opinion of Bond Counsel, the Issuer will retain and maintain
these records for a period ending not earlier than three years following the final maturity of (i) the Bonds
or (ii) any obligation issued to refund the Bonds.
PALANCE OF THIS PAGE INTENTIONALLY LEFT BLANK]

On the basis of the foregoing facts and estimates, the Issuer does not expect the Bond proceeds to
be used in a manner that would cause the Bonds to be "arbitrage bonds" within the meaning of Code 5
148.
By:
Mayor
JLW403552\CLOSDOCSPART I1 (08-10-04)
7
LIST OF EXHIBITS TO FEDERAL TAX CERTIFICATE
SCHEDULE I - CALCULATION OF YIELD
A. ARBITRAGE INSTRUCTIONS
Tax-Exempt General Obligation Bonds
Series 2004
Table of Contents
Report
ISSUE SUMMARY:
Totallssue ~!Fces*ndUses_ -_ -_ -- -- . - - - -- - - - A -- - - - -- 1-
Detail Costs Of Issuance -- 2
REFUNDING:
!?!!~g~"EEE??.. -- - .- - -- -- 8
Debt Service Schedule 9
File I NEWTONSF I Series 2004 final I Issue Summaly 1 7/28/2004 1 12% PM

Series 2004
Total Issue Sources And Uses

Dated 09/01/2004 1 Delivered 09/01/2004
lssue
New Money Refunding Summary
Sources Of Funds
Par Amount of Bonds $5,323,000.00 $515,000.00 $5,838,000.00
R~fferingPremium - - . - - . --- --.
94y247.80- - _ 94,247.80
Total Sources
.-, $5,417,247.80 ...
~
$515,000.00 $5,932,247.80
U s e s Of Funds
Total Underwriter's Discount (1.000%) 58,380.00 58,380.00
Costs of Issuance - 30,850.00 30,850.00
Gross Bond Insurance Premium - 33,000.00
Deposit to Project Construction Fund ----- 5,295,017.80 5,295,017.80
Depo$~to_Cug~ntRefunding-Fun~-
- -_- - -_ _ - _ _ -- _- 5 1 ~ ~ 0 ~ ~ - 515,000.00
-
-
Total Uses $5,417,247.80 $515,000.00 $5,932,247.80
File I NEWTON.SF I Series 2004finaI 2 I lssue Summary 1 7/29/2004 1 8:47 AM

Series 2004
Detail Costs Of Issuance

Dated 09/01/2004 1 Delivered 09/01/2004
COSTS OF ISSUANCE DETAIL
TOTAL $30,850.00
File I NEWTON.SF I Series 2004 final I Issue Summary 1 7/28/2004 1 1226 PM

Series 2004
(New Money Portion)
Pricing Summary
Maturity
Maturity Type of Bond Coupon Yield Value Price Dollar Price
09/01/2005 Serial Coupon 5.000% 1.550% 168,000.00 103.410% 173,728.80
09/01/2006 Serial Coupon 3.125% 2.150% 175,000.00 101.898% 178,321.50
09/01/2007 Serial Coupon 5.000% 2.450% 185,000.00 107.332% 198,564.20
09/01/2008 Serial Coupon 5.000% 2.850% 195,000.00 108.073% 210,742.35
09/01/2009 Sef&Czupon 5.000% 3.150% 205,000.00
-- . 108.496% 222,416.80
09/01/2010 Serial Coupon 3.250% 3.300% 215,000.00 99.729% 214,417.35
09/01/2011 Serial Coupon 3.500% 3.500% 225,000.00 100.000% 225,000.00
09/01/2012 Serial Coupon 3.500% 3.600% 235,000.00 99.310% 233,378.50
09/01/2013 Serial Coupon 3.650% 3.750% 240,000.00 99.242% 238,180.80
-09/01/2014
- -- - Serial .- . 3.750% _ 3.850%
-- .--_-- ---- 250,OPO.OO- - --99.176% - 247,940.00-
09/01/2015 Serial Coupon 3.900% 4.000% 260,000.00 99.117% 257,704.20
09/01/2016 Serial Coupon 4.100% 4.200% 275,000.00 99.064% 272,426.00
09/01/2017 Serial Coupon 4.200% 4.300% 285,000.00 99.012% 282,184.20
0910 1/2018 Serial Coupon 4.300% 4.400% 295,000.00 98.962% 291,937.90
0910 112019 Serial Coupon 4.400% 4.500% 3 10,000.00 98.917% 306,64=
09/01/2024 Term 1 Coupon 5.000% 4.591% 1,805,000.00 103.250% c 1,863,662.50
Total $5.323.000.00 $5.417.247.80
Bid Information
Reoffering Premium or (Discount)

-...-...,..--.----p--..--..---. ~ . 94,247.80
Gross Production
... ~. . ~ ,, -. .- ..... " ...-
$5,417,247.80,
..
Total Underwriter's Discount (1.000%) --- $(53,230.00)

Bid (100.771%) -.- 5,364,017.80
Total Purchase Price - -- $5,364,017.80
Bond YearDo!a's- - .- -. . ...~ $63,593.00

*"=EEL&-_. ..-.. . .- .. . ." . .- .. .-. .- - .- 11.947 Years
*verag:C?!~on .. . .... ..- - --- - ---.-
. -.--..--. ". ~ --- - . 4.5455750%
Net Interest Cost (NIC) . .-. 4.4810745%

True Interest Cost (TIC) 4.4201 134%
File I NEWTON.SF I Series 2004 final I New Money 1 7/28/2004 1 12:26 PM

Series 2004
(New Money Portion)
Debt Service Schedule
Date Principal Coupon Interest Total P+l Fiscal Total

09/01/2004
._._
03/01/2024 . ..... . 9,875.00 . _..
.9,875.00
.
.
......
09/01/2024 395,000.00 5.000% 9,875.00 404,875.00 414,750.00
Total $5,323,000.00 $2,890,667.52 $8,213,667.52
Yield Statistics
Bond Year Dollars -- .- $63,593.00
.Avemge
....... Life .
.
. -- ......-.................. .. . 11.947
.... l_.l_.-..
Years
.Average
.............................Coupon
... .......
.._ ... .
4.5455750%_
Net Interest Cost (NIC) - 4.4810745%
TrueInte=est-Q??.(TIC)_ .....-............. ..... ....... .
. 4.4201 134%
Bond Yield for
..._ Arbitrage
....
.. Noses ............ ___-_-
.-..... ............................. .... 4.2461726%
All Inclusive Cost (AIC) 4.5505443%
IRS Form 8038

%Eres!!?Et_ _ _- __ .- - - .--- - . - - - - . -- -- -- ---- -
-- _ - - -- -- - 4.3275963%
Weighted Average Maturity 11.928 Years
Fde I NEWTON SF I Senes 2004 final I New Monev 1 7/28/2004 1 12 26 PM
Series 2004
(New Money Portion)
Proof of Premium Bond Selection of Call Dates/Prices

PV at Bond
Maturity Call Date Call Price Yield Lowest?
09/01/2024 1,975,376.96 No
09/01/2024 09/01/2014 100.000% 1,914,933.45 Yes
File I NEWTON.SF I Series 2004final I IssueSummary 1 7/28/2004 1 1 2 2 6 PM

Series 2004
(New Money Portion)
Proof of D/S for Arbitrage Purposes

Date Principal Interest Total
09/01/2004
03/01/2005 117,150.63 117,150.63
09/01/2005 168,000.00 117,150.63 285,150.63
03/01/2006 112,950.63 112,950.63
09/01/2006 175,0OO&K_- 112,950.63 287,950.63
03/01/2007 110,216.25 110,216.25
09/01/2007 185,000.00 110,216.25 295,216.25
03/01/2008 105,591.25 105,591.25
09/01/2008 195,000.00 105,591.25 300,591.25
03/01/2009 ..-. .-- 100,716.25
" .100,716.25
09/01/2009 205,000.00 100,716.25 305,716.25

03/01/2010 95,591.25 95,591.25
09/01/2010 215,000.00 95,591.25 310,591.25
03/01/2011 92,097.50 92,097.50
09/01/2011 225,000.00 .- 92,097.50 3 17,097.50
03/01/2012 88,160.00 88,160.00
09/01/2012 235,000.00 88,160.00 323,160.00
03/01/2013 84,047.50 84,047.50
09/01/2013 240,000.00 84,047.50 324,047.50
03/01/2014
- -.- ---. . - .- - . .. . .----..- .
79-667
- 50.I--------..-.... 79> 667.50-
09/01/2014 2,055,000.00 79,667.50 2,134,667.50
03/01/2015 29,855.00 29,855.00
09/01/2015 260,000.00 29,855.00 289,855.00
03/01/2016 24,785.00 24,785.00
09/01/2016 275,000.00 - 24,785.00 299,785.00
03/01/2017 19,147.50 19,147.50
09/01/2017 285,000.00 19,147.50 304,147.50
03/01/2018 13,162.50 13,162.50
09/01/2018 295,000.00 13,162.50 308,162.50
03/01/2019 -- z ....... .--.. 6 820 00
-. --.>820.00
09/01/2019 3 10,000.00 6,820.00 3 16,820.00
Total $5,323,000.00 $2,159,917.52 $7,482,917.52
File I NEWTON.SF I Series 2004 final 1 Issue Summary 1 7/28/2004 1 1226 PM

Series 2004
(New Money Portion)
Proof Of Bond Yield @. 4.2461726%

Cumulative
Date Cashflow PV Factor Present Value PV
Total $7,482,917.52 $5,386,857.23
Derivation Of Target Amount
Par Amount of Bonds -- $5,323,000.00

- .Reoffering Premium or (Discount) 94,247.80
Bond Insuran~Premium....... ( 37.0 bp) - (30,390.57)
Original Issue Proceeds $5,386,857.23
File 1 NEWTON.SF 1 Series 2004 final 1 Issue Surnrnaly 1 7/28/2004 1 1226 PM

Taxable General Obligation Bonds
Series 2004
(Refunding Portion)
Pricing Summary
Maturity
Maturity Type of Bond Coupon Yield Value Price Dollar Price
09/01/2014 Term 1 Coupon 5.250% 5.250% 180,000.00 100.000% 180,000.00
09/01/2024 Term 2 Coupon 6.000% 6.000% 335,000.00 100.000% 335,000.00
Total $515,000.00 $515,000.00
Bid Information
Par Amount of Bonds -- $515,000.00

Gross Production - $515,000.00
Tofa!und~rw~.iterLs.Fis!e~_"t.
(1??!?!?Lo) -...... " - .
, ,. .. ..-. . _ . - $(5,150.00)
Bid (99.000%)
.- -- .- .. -. -- .- .
. . ...... -- - .
. - ., ... -- -. -. 509,850.00
-. -.
.Total
- ---Purchase Price
-.-. - , .. .-. .. - .,. .... ....-. --
.-. . - -
... .- -.... .- -. --
-. . -.. . -.$509,850.00
.- - --
Bond Year Dollars - $6,445.00

Average
-- Life P
-A-
12.515 Years
- -
Average Coupon 5.8749030%
File I NEWTONSF I Series2004final I Refunding 1 7/28/2004 1 12:26 PM

Taxable General Obligation Bonds
Series 2004
(Refunding Portion)
Debt Service Schedule
Date Principal Coupon Interest Total P+I Fiscal Totat

09/01/2004
09/01/2023 40,000.00 6.000% 2,550.00 42,550.00 45,100.00

- .03/01/2024
-.--- .---- - --- - - - - -- 1735PEL --- -- _ _-_1,350.00 - _ -L
0910112024 45,000.00 6 000% 1,350.00 46,350.00 47,700.00
Total $515,000.00 $378,637.50 $893,637.50
Yietd Statistics
Bond Year Dollars $6,445.00

Average
. Life ... .....-.......... ....-.----- ..... 12.515
..._ . __
Years
.Average
._.__ _
Coupon .._._.-.__-___....
._.. .......... __.. _ _ _ _..
5.8749030%
Net Interest Cost (NIC) - 5.9548099%

T!eI!!Erest Cost(E)--. .. ... .. ... ......... .. --
5.9691055%
Bond Yield ............
for Arbitrage
- Purposes . .. ... ................. 5.9257700%
All Inclusive Cost (AIC) - 6.0474190%
IRS Form 8038

Net Interest C o s t - -- - - --.- - -- -- - --- - . ---. -- - - - - 5.8749030%
We~ghtedAverage Maturity 12.515 Years
F~leI NEWTON SF I Serles 2004 final I Refunding 1 7/28/2004 1 12 26 PM
ARBITRAGE INSTRUCTIONS
$5,323,000
S E R D 2004-A
~
These Arbitrage Instructions provide procedures for complying with 3 148 of the Internal
Revenue Code of 1986, as amended (the "Code"), in order to preserve the exclusion from federal gross
income of the interest on the above-referenced bonds (the "Bonds") authorized by the Bond Resolution.
1. Definitions. Unless the context otherwise requires, in addition to the terms defined in the
Bond Resolution, in the Federal Tax Certificate to which this document is appended and in the
Regulations defined below, the following capitalized terms have the following meanings:
"Adjusted Gross Proceeds" means the Gross Proceeds of the Bonds reduced by amounts (a) in
a bona fide debt service fund, (b) that as of the Issue Date are not expected to be Gross Proceeds, but
which arise after the end'of the applicable spending period, and (c) representing grant repayments or sale
or investment proceeds of any purpose investment.
"Available Construction Proceeds" means the sale proceeds of the Bonds, increased by
investment earnings on such sale proceeds and eamings on such eamings, reduced by sale proceeds used
to pay Costs of Issuance. If the Issuer has elected under Code 3 148(9(4)(C)(v) to treat a portion of the
Bonds as a construction portion, then the references above to "the Bonds" refer only to the construction
portion of the Bonds.
"Bona Fide Debt Service Fund" means a fund, which may include Bond proceeds, that-
(a) is used primarily to achieve a proper matching of revenues with principal and
interest payments on the Bonds within each Bond Year; and
(b) is depleted at least once each Bond Year, except for a reasonable carryover
amount not to exceed the greater of (1) the earnings on the fund for immediately
preceding Bond Year, or (2) one-twelfth of the principal and interest payments on
the Bonds for the immediately preceding bond year.
"Bond Counsel" means Gilmore & Bell, P.C., or other attorney or firm of attorneys with a
nationally recognized standing in the field of municipal bond financing selected by the Issuer.
"Bond Year" means each one-year period ending September 1; except that the first Bond Year
may be less than one year in duration.
"computation Date" means each date as of which arbitrage rebate for the Bonds is computed.
The Issuer may treat any date as a Computation Date, subject to the following limits: (a) the frst
Computation Date cannot be later than five years after the Issue Date; (b) each subsequent rebate

installment payment will be made for a Computation Date not later than five years after the previous
Computation Date for which an installment payment was made; and (c) the date the last Bond is
discharged is the final Computation Date.
"Gross Proceeds" means (a) sale proceeds (i.e., all amounts actually or constructively received
by the Issuer from the sale of the Bonds); (b) transferred proceeds; (c) investment proceeds derived from
the investment of sale proceeds or transferred proceeds; (d) amounts held in a sinking fund for the Bonds;
and (e) amounts held in a pledged fund or reserve fund for the Bonds. Specifically, Gross Proceeds
include all amounts held in the following funds and accounts:
(1) Improvement Fund.

(2) Debt Service Account.
(3) Rebate Fund.
(4) Costs of Issuance Account.
"Guaranteed Investment Contract" is any Investment with specifically negotiated withdrawal

or reinvestment provisions and a specifically negotiated interest rate. The term also includes any
agreement to supply Investments on two or more future dates (e.g.,a forward supply contract).
"Investment" generally means any security, obligation, annuity contract or other investrnent-
type property that is purchased directly with, or otherwise allocated to, Gross Proceeds. Such term does
not include any tax-exempt bond, except for "specified private activity bonds" as defined in Code
$ 57(a)(5)(C) (regarding the alternative minimum tax).
"IRSYY
means the Internal Revenue Service of the United States.
"Issue Date" means September 1,2004.
"Minor Portion" means an amount equal to the lesser of $100,000 or 5% of the sale proceeds of
the Bonds.
"Reasonable Retainage" means Gross Proceeds retained by the Issuer for reasonable business
purposes, such as to ensure or promote compliance with a construction contract; except that such amount
cannot exceed (a) for purposes of the 18-month spending test, 5% of net sale proceeds of the Bonds on the
date 18 months after the Issue Date; or (b) for purposes of the 2-year spending test, 5% of the Available
Construction Proceeds as of the end of the 2-year spending period.
"Rebate Analyst" means Gilmore & Bell, P.C. or any successor Rebate Analyst selected
pursuant to these Arbitrage Instructions.
YYRegulations" means U.S. Treasury Regulations $8 1.148-0 through 1.148-11, l.l49(d)-1,

l.l@(g)- 1, 1.150-1 and 1.150-2, as amended, and any other temporary, proposed or final regulations
issued by the U.S. Treasury Department to implement the requirements of Code $ 148 and applicable to
the Bonds.
2. Temporary Perionield Restriction. Except as described below, Gross Proceeds will

not be invested at a yield greater than the yield on the Bonds:
(a) I~tproveinentFund. Bond proceeds deposited in the Improvement Fund and investment
earnings on such proceeds may be invested without yield restriction for 3 years after the Issue Date. If
A-2
any unspent proceeds remain in the Improvement Fund after 3 years, such amounts may continue to be
invested without yield restriction so long as the Issuer pays to the IRS all yield reduction payments in
accordance with Regulations 4 1.148-5(c). These payments are required whether or not the Bonds are
exempt fiom the arbitrage rebate requirements of Code $ 148.
(b) Debt Service Account. To the extent that the Debt Service Account qualifies as a Bona
Fide Debt Service Fund, amounts in such account may be invested without yield restriction for 13 months
after the date of deposit. Earnings on such amounts may be invested without yield restriction for one year
after the date of receipt of such earnings.
(c) Rebate Fzcnd. Money deposited in the Rebate Fund may be invested without yield
restriction.
(d) Costs of Issuance Accozcrtt. Bond proceeds deposited in the Costs of Issuance Account
and investment earnings on such proceeds may be invested without yield restriction for 3 years after the
Issue Date. If any unspent proceeds remain in the Costs of Issuance Account after 3 years, such amounts
may continue to be invested without yield restriction so long as the Issuer pays to the IRS all yield
reduction payments in accordance with Regulations $ 1.148-5(c). These payments are required whether
or not the Bonds are exempt fiom the arbitrage rebate requirements of Code $ 148.
(e) Minor Portion. In addition to the amounts described above, the Minor Portion may be
invested without yield restriction.
3. Fair Market Value.
(a) General. No Investment may be acquired with Gross Proceeds for an amount (including
transaction costs) in excess of the fair market value of such Investment, or sold or otherwise disposed of
for an amount (including transaction costs) less than the fair market value of the Investment. The fair
market value of an Investment is the price a willing buyer would pay to a willing seller to acquire the
Investment in a bona fide, arm's-length transaction. Fair market value must determined in accordance
with Regulations $ 1.148-5. United States Treasury Obligations-State and Local Government Series
("SLGS") are always deemed to be purchased at fair market value.
(b) Established Securities Market. Except for Investments purchased for a yield-restricted
defeasance escrow, if an Investment is purchased or sold in an arm's-length transaction on an established
securities market (within the meaning of Code 4 1273), the purchase or sale price constitutes the fair
market value. Where there is no established securities market for an Investment, market value will be
established using one of the paragraphs below. The fair market value of Investments purchased for a
yield-restricted defeasance escrow will be determined in a bona fide solicitation for bids that complies
with Regulations $ 1.148-5.
(c) Certificates ofDeposit. The purchase price of a certificate of deposit (a "CD") is treated
as its fair market value on the purchase date if (1) the CD has a fixed interest rate, a fixed payment
schedule, and a substantial penalty for early withdrawal; (2) the yield on the CD is not less than the yield
on reasonably comparable direct obligations of the United States; and (3) the yield is not less than the
highest yield published or posted by the CD issuer to be currently available on reasonably comparable
CDs offered to the public.
JLM403552\CLOSDOCSPART I1 (08-10-04)
(d) Guaranteed Investment Contracts. The purchase price of a Guaranteed Investment
Contract is treated as its fair market value on the purchase date if all of the following requirements are
met-
(1) Bona Fide Solicitationfor Bids. The Issuer makes a bona fide solicitation for the
Guaranteed Investment Contract, using the following procedures:
(A) The bid specifications are in writing and are timely forwarded to
potential providers.
(B) The bid specifications include all "material" terms of the bid. A term is
material if it may directly or indirectly affect the yield or the cost of the Guaranteed
Investment Contract.
(C) The bid specifications include a statement notifying potential providers

that submission of a bid is a representation (i) that the potential provider did not consult
with any other potential provider about its bid, (ii) that the bid was determined without
regard to any other formal or informal agreement that the potential provider has with the
Issuer, or any other person (whether or not in connection with the bond issue), and (iii)
that the bid is not being submitted solely as a courtesy to the Issuer, or any other person,
for purposes of satisfying the requirements of the Regulations.
@) The terms of the bid specifications are "commercially reasonable." A

term is commercially reasonable if there is a legitimate business purpose for the term
other than to increase the purchase price or reduce the yield of the Guaranteed Investment
Contract.
(E) The terms of the solicitation take into account the Issuer's reasonably
expected deposit and draw-down schedule for the amounts to be invested.
(F) All potential providers have an equal opportunity to bid. For example,
no potential provider is given the opportunity to review other bids (i.e., a last look) before
providing a bid.
(G) At least 3 "reasonably competitive providers" are solicited for bids. A

reasonably competitive provider is a provider that has an established industry reputation
as a competitive provider of the type of investments being purchased.
(2). Bids Received. The bids received by the Issuer will meet all of the following
requirements:
(A) The Issuer receives at least 3 bids fiom providers that were solicited as
described above and that do not have a "material financial interest" in the issue. For this
purpose; (i) a lead underwriter in a negotiated underwriting transaction is deemed to have
a material financial interest in the issue until 15 days after the issue date of the issue; (ii)
any entity acting as a financial advisor with respect to the purchase of the Guaranteed
Investment Contract at the time the bid specifications are forwarded to potential providers
has a material financial interest in the issue; and (iii) a provider that is a related party to a
provider that has a material financial interest in the issue is deemed to have a material
financial interest in the issue.
A-4
(B) At least one of the 3 bids received is from a reasonably competitive
provider, as defined above.
(C) If the Issuer uses an agent or broker to conduct the bidding process, the
agent or broker did not bid to provide the Guaranteed Investment Contract.
(3) JEizning Bid. The winning bid is the highest yielding bona fide bid (determined
net of any broker's fees).
(4) Fees Paid. The obligor on the Guaranteed Investment Contract certifies the
administrative costs that it pays (or expects to pay, if any) to third parties in connection with
supplying the Guaranteed Investment Contract.
(5) Recouds. The Issuer retains the following records with the bond documents until
three years following the final maturity of: (i) the Bonds or (ii) any obligations to refund the
Bonds:
(A) A copy of the Guaranteed Investment Contract.
(B) The receipt or other record of the amount actually paid by the Issuer for
the Guaranteed Investment Contract, including a record of any administrative costs paid
by the Issuer, and the certification as to fees paid, described in Section 3(d)(4) above.
(C) For each bid that is submitted, the name of the person and entity
submitting the bid, the time and date of the bid, and the bid results.
(D) The bid solicitation form and, if the terms of Guaranteed Investment
Contract deviated from the bid solicitation form or a submitted bid is modified, a brief
statement explaining the deviation and stating the purpose for the deviation.
(e) Other l~zvest~~zents.If an Investment is not described above, the fair market value may be
established through a competitive bidding process, as follows:
(1) At least three bids on the Investment will be received fi-om persons with no
financial interest in the Bonds (e.g., as underwriters or brokers); and
(2) The yield on the Investment will be equal to or greater than the yield offered
under the highest bid.
4. Exemption of Certain Gross Proceeds from the Rebate Requirement.
(a) General. A portion of the Gross Proceeds of the Bonds may be exempt from rebate
pursuant to one or more of the following exceptions. The exceptions typically will not apply with respect
to all Gross Proceeds of the Bonds and will not otherwise affect the application of the investment
limitations described in Section 2 and 3 above. Unless specifically noted, the obligation to compute, and
if necessary, to pay rebate as set forth in Section 5 applies even if a portion of the gross proceeds of the
Bonds is exempt fi-om the rebate requirement. To the extent all or a portion of the Bonds is exempt from
Rebate the Rebate Analyst may account for such fact in connection with its preparation of a rebate report
described in Section 5.

(b) Applicable Spending Exceptions. The following optional rebate spending exceptions
may apply to the Bonds:
(1) 6-month Exception (Code 5 148(f)(2)(B) and Regulation 8 1.148-7(c)).

(2) 18-month Exception (Regulation 9 148-7(d)).
(3) 2-year Exception (Code 9 148(f)(4)(C)and Regulation 9 1.148-7(e)).
Spending Exception Elections. The following spending exception elections are made:
None.
Bona Fide Debt Service Fund. To the extent that the Debt Service Account qualifies as
a Bona Fide Debt Service Fund, investment earnings in the account cannot be taken into
account in computing arbitrage rebate.
Docuntenting Application of Spending Exception. At any time prior to the first

Computation Date, the Issuer may direct the Rebate Analyst to determine whether one or
more spending exceptions has been satisfied, and the extent to which the Issuer must
continue to comply with Section 5 hereof.
General Requirements for Spending Exception. The following general requirements

apply in determining whether a spending exception is met.
(I) Using Adjusted Gross Proceeds or Available Construction Proceeds to

pay principal of any Bonds is not taken into account as an expenditure for purposes of
meeting any of the spending tests.
(2) The six-month spending exception generally is met if all Adjusted Gross
Proceeds of the Bonds are spent within six months following the issue date. The test may
still be satisfied even if up to 5% of the sale proceeds remain at the end of the initial six
month period, so long as this amount is spent within one year after the Issue Date.
(3) The 18-month spending exception generally is met if all Adjusted Gross
Proceeds of the of the Bonds are spent in accordance with the following schedule:
Minimum
Percentage of
Time Period Adjusted Gross
After the Proceeds
Issue Date Spent
6 months 15%
12 months 60%
18 months (Final) 100%
(4) The 2-year spending exception generally is met if all Available

Construction Proceeds are spent in accordance with the following schedule:
Minimum
Percentage of
Time Period Available
After the Construction
Issue Date Proceeds Spent
6 months 10%
12 months 45%
18 months 75%
24 months (Final) 100%
(5) For purposes of applying the 18-month and 2 year spending exceptions
only, the failure to satisfy the final spending requirement is disregarded if the Issuer uses
due diligence to complete the Improvements and the failure does not exceed the lesser of
3% of the aggregate issue price the Bonds. No such exception applies for any other
spending period.
(6) For purposes of applying the 18-month and 2 year spending exceptions
only, the Bonds meet the applicable spending test even if, at the end of the final spending
period, proceeds not exceeding a Reasonable Retainage remain unspent, so long as such
Reasonable Retainage is spent within 30 months (in the case of the 18-month exception)
or 3 years (in the case of the 2- year spending test) after the Issue Date.
5. Computation and Payment of Arbitrage Rebate.
(a) Rebate Fund. A special fund designated the "Rebate Fund" has been established under
the Bond Resolution. The Issuer will keep the Rebate Fund separate from all other funds and will
administer the Rebate Fund pursuant to these Arbitrage Instructions. Any investment earnings or gain
derived fiom the Rebate Fund shall be credited to the Rebate Fund, and any investment loss shall be
charged to such Fund.
(b) Computation of Arbitrage Rebate. The Issuer will provide the Rebate Analyst
investment records relating to each find that contains Gross Proceeds of the Bonds not later than ten days
following each Computation Date. Each investment report provided to the Rebate Analyst will contain a
record of each investment, including (a) purchase date, (b) purchase price, (c) information establishing the
fair market value on the date such investment was allocated to the Bonds, (d) any accrued interest paid,
(e) face amount, (f) coupon rate, (g) frequency of interest payments, (h) disposition price, (i) any accrued
interest received, and (j) disposition date. Such records may be supplied in electronic form. The Rebate
Analyst will compute rebate following each Computation Date and deliver a written report to the Issuer
together with an opinion or certificate of the Rebate Analyst stating that arbitrage rebate was determined
in accordance with the Regulations. If rebate is due to the United States, the Rebate Analyst will also
prepare Form 8038-T for filing with the IRS along with the rebate payment. Each report and opinion will
be provided not later than 50 days following the Computation Date to which it relates (or 40 days
following the delivery to the Rebate Analyst of the investment report information described above, if
later). In performing its duties, the Rebate Analyst may rely, in its discretion, on the correctness of
financial analysis reports prepared by other professionals. If the amount in the Rebate Fund is less than
the arbitrage rebate due, the Issuer will make up such deficiency using lawfully available funds. After the
final Computation Date, any money left in the Rebate Fund may be withdrawn and used for any purpose
not prohibited by law.
(c) Rebate Payments. Within 60 days after each Computation Date, the Issuer will pay to
the United States the rebate amount then due, determined in accordance with the Regulations. Each
rebate payment will be: (1) accompanied by IRS Form 8038-T and such other forms, documents or
certificates as may be required by the Regulations; and (2) mailed or delivered to the IRS at the address
shown below, or to such other location as the IRS may direct:
Internal Revenue Service Center

Ogden, Utah 84201.
6. Filing Requirements. The Issuer will file or cause to be filed with the IRS such reports
or other documents as are required by the Code in accordance with an opinion of Bond Counsel.
7. Survival after Defeasance. Notwithstanding anything in the Bond Resolution to the

contrary, the obligation to pay arbitrage rebate and penalty, if applicable, to the United States and to
comply with all other requirements contained in these Arbitrage Instructions and in the Regulations will
survive the payment or defeasance of the Bonds.
8. Opinion of Bond Counsel. These Arbitrage Instructions may be modified or amended in

whole or in part upon receipt of an opinion of Bond Counsel to the effect that such modifications and
amendments will not adversely affect the exclusion from gross income of the interest on the Bonds for
federal income tax purposes.
9. Successor Rebate Analyst. If the firm acting as the Rebate Analyst resigns or becomes
incapable of acting for any reason, or if Issuer desires that a different firm act as the Rebate Analyst, then
the Issuer by an instrument or concurrent instruments in writing delivered to the firm then sewing as the
Rebate Analyst, will engage a successor Rebate Analyst. In each case the successor Rebate Analyst will
be a firm of nationally recognized bond counsel or a firm of independent certified public accountants and
such finn must expressly agree to undertake the responsibilities assigned to the Rebate Analyst hereunder.
Form 8038-G Information Return for Tax-Exempt Governmental Obligations
P Under Internal Revenue Code Section 149(e) OMB No. 1545-0720
(Rev. November 2000)
Depallmenl 01the Treasury
P See separate Instructions.
Internal Revenue Service
Caution: If the issue price is under $100,000, Use Form 8038-GC
Part l Reoortina Authoritv If Amended Return. check here 9
1 Issuer's Name 2 Issuer's employer identification number
Citv of Newton. Kansas 48-6004391
3 Number and street (or P.O. box if mail is not delivered to street address) RoomlSuite 4 Report number
Citv Hall. 201 E. 6th. P.O. Box 426 301
5 City, town, or post office, state and ZIP code 6 Date of issue
Newton. Kansas 67114 September 1.2004
7 Name of Issue $5,323,000, City of Newton, Kansas, General Obligation Bonds, Series 2004-A, 8 CUSlP Number
Dated September 1. 2004 652861 XQ 3
9 Name and title of officer or legal representativewhom the IRS may call for more information 10 Telephone number of officer or legal representative
Ronald R. Ahsmuhs. Clerk (316) 284-6001-
Part II I Tvpe of Issue (check applicable boxles) and enter the issue price) See instructions and attach schedule
II n Frl~rcatinn I1
12 Health and hospital.......................................................................................................................................................... 12
13 Fi Transportation ................................................................................................................................................................. 13 $2,183,014.68
14 Cl Public safety ..................................................................................................................................................................... 14
15 El Environment (including sewage bonds) ........................................................................................................................... 15 1,167,550.75
16 [7 Housing ........................................................................................................................................................................... 16
17 FiUtilities ............................................................................................................................................................................ 17 346,208.08
18 El Other. Describe Public Building and Park Improvements.............................................................................................. 18 1,720,474.29
19 If obligations are TANS or RANs, check box @ If obligations are BANS, check box ................................... @
20 If obligations are in the form of a lease or installment sale, check box .........................................:..................... @ Cl
Part Ill I
Descriotion of Obliaations (Comdete for the entire issue for.which this form is beina filed)
(c) Stated redemption (d) Weighted
(a) Final Maturity date [b! Issue price price at maturity average maturity (e) Yield
21 09-01-2024 $5,417,247.80 $5,323.000 11.928 Years 4.2461726%
Part lV I Uses of Proceeds of Bond Issue (includina underwriters' discount)
22 Prnceeds IISF?~for accrued interest. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
23 Issue price of entire issue (enter amount from line 21, column (b)) ................................................................................ 23
24 Proceeds used for bond issuance costs (including underwriters' discount) .................. 24 91,839.43
25 Proceeds used for credit enhancement ....................................................................... 25 . 30,390.57
26 Proceeds allocated to reasonably required reserve or replacement fund ..................... 26 0.00
27 Proceeds used to currently refund prior issues ............................................................ 27 0.00
28 Proceeds used to advance refund prior issues .......................................................... 28 0.00
29 Total (add lines 24 through 28) ..................................................................................................................................... 29
30 Nonrefunding proceeds of the issue (subtract line 29 from line 23 and enter amount here) ........................................... 30
Part V I
Description of Refunded Bonds (Complete this art onlv for refundina bonds) NIA
31 Fnter the remaininn weinhterl averane m a t ~ r r i t vnf the hnnrls t n h e cr~rrentlvr e f m r l e d b years
32 Enter the remaining weighted average maturity of the bonds to be advance refunded.................. :..................................
9 years
33 Enter the last date on which the refunded bonds will be called .......................................................................................... 9
34 Enter the date(s) the refunded bonds were issued 9 ..........................................................................................................
Part VI Miscellaneous I
35 Enter the amount of the state v n l ~ ~ r nc ea n allncated t n the issue i ~ n d esectinn
r 141f h W 3 ....................................... 35 n.00
36a Enter the amount of gross proceeds invested or to be invested in a guaranteed investment contract (see instructions) 36a 0.00
b Enter the final maturity date of the guaranteed investment contract 9
37 Pooled financings: a Proceeds of this issue that are to be used to make loans to other governmental units 37a I 0.00
b If this issue is a loan made from the proceeds of another tax-exempt issue, check box > and enter the name of
the issuer > and the date of the issue 9
38 If the issuer has designated the issue under section 265(b)(3)(B)(i)(Ill) (small issuer exception), check box ..................................................... > B
39 If the issuer has elected to pay a penalty in lieu of arbitrage rebate, check box ...................................................................................................... 9 Cl
40 If the issuer has identified a hedge, check box .......................................................................................................................................................
9
Under penalties of perjury, I declare that I have examined this return and accompanying schedules and statements, and to the best of my knowledge and belief, they
sign
Here A/-
are true, correct, and complete.
September 1, 2004 Ronald R. Ahsmuhs, Clerk
IP Siqnature of issuer's authorized re~resentative Date P Type or print name and title
For Paperwork Reduction Act Notice, see page 2 of the Instructions. Cat. NO. 63773s , Form 8038-G (Rev. 11-00)
RECEIPT FOR PURCHASE PRICE
$5,323,000 $515,000
SERIES 2004-B
The undersigned Clerk of the City of Newton, Kansas, this day received from GEORGE K.
BAUM & COMPANY, WICHITA, KANSAS, the original purchaser of the above-described bonds
(collectively, the "Bonds"), the full purchase price of the Bonds, said purchase price and net amount
received by the Issuer being calculated as follows:
Series 2004-A Series 2004-B

Principal Amount
Less Underwriter's Discount
Plus Original Issue Premium
Less Original Issue Discount
Total Purchase Price
Less Bond Insurance
Premium
Net Amount
Total Amount Received $5,840.867.80
DATED: September 1,2004.
Clerk

RECEIPT AND REPRESENTATION
$5,323,000 $515,000
GENERAI, OBLIGATION BONDS TAXABLE GENERAL OBLIGATION
SERlES 2004-A REFUNDING BONDS
SERIES 2004-B
The undersigned, as representative of George K. Baum & Company, Wichita, Kansas (the
"Purchaser") as original purchaser of the above-described bonds (collectively, the "Bonds"), being issued
on the date of this Receipt by the City of Newton, Kansas (the "Issuer"), certifies and represents as
follows:
1. Receipt for Bonds. The Purchaser acknowledges receipt on the Issue Date of the Bonds
consisting of l l l y registered Bonds in Authorized Denominations in a form acceptable to the Purchaser.
2. Public Offering. All of the Bonds have been the subject of an initial offering to the
public (excluding bond houses, brokers, or similar persons or organizations acting in the capacity of
underwriters or wholesalers), made pursuant to the Bond Purchase Agreement dated July 29, 2004
between the Issuer and the Purchaser, at prices no higher than the prices set forth on Schedule I attached
to this Certificate, plus accrued interest (the "Offering Prices").
On the basis of information available to us which we believe to be correct, we expect that at least
10 percent of the Bonds of each maturity will be sold to the public at offering prices no higher than said
Offering Prices.
3. Bond Insurance.
(a) The present value of the premium paid for the Bond Insurance Policy (together with the
fees and expenses of the counsel to the Bond Insurer) for the Bonds is less than the present value of the
interest expected to be saved as a result of the insurance. In determining such present value savings, the
yield of the Bonds (taking into account the bond insurance premium) has been used as the discount rate.
(b) The premium for the Bond Insurance Policy represents a reasonable, arm's-length charge
for the transfer of credit risk to the Bond Insurer.
4. Compliance with Bond Purchase Agreement. The Purchaser acknowledges that it has
timely received in satisfactory form and manner all proceedings, certificates, opinions, letters and other
documents required to be submitted to it pursuant to the Bond Purchase Agreement on the date of the
delivery of and payment for the Bonds (except to the extent the Purchaser has waived or consented to
modification of certain provisions thereof), and that the Issuer has in all respects complied with and satisfied
all of its obligations to us which are required under the Bond Purchase Agreement to be complied with and
satisfied on or before the date hereof.
This certificate may be relied upon by the Issuer in executing and delivering its Federal Tax
Certificate, and by Gilmore & Bell, P.C., Bond Counsel, in rendering its opinion relating to the exclusion
from federal gross income of the interest on the Bonds.
JLNW03552\CLOSDOCSPART I1 (08-10-04)
Dated: September 1,2004.
GEORGE K. BAUM & COMPANY,

WICHITA, KANSAS
JLN\403552\CLOSDOCSPART II (08-10-04)
2
SCHEDULE I
SERIES 2004-A (SERIAL BONDS)
Stated Annual Stated Annual

Maturity Principal Rate of Maturity Principal Rate of
September 1 Amount Interest Price September 1 Amount Interest Price
2005 $168,000 5.000% 103.410 2013 $240,000 3.650% 99.242
2006 175,000 3.125 101.898 2014 250,000 3.750 99.176
2007 185,000 5.000 107.332 2015 260,000 3.900 99.117
2008 195,000 5.000 108.073 2016 275,000 4.100 99.064
2009 205,000 5.000 108.496 2017 285,000 4.200 99.012
2010 215,000 3.250 99.729 2018 295,000 4.300 98.962
2011 225,000 3.500 100.000 2019 3 10,000 4.400 98.917
2012 235,000 3.500 99.310
SERZES 2004-A (TERM BONDS)
Stated Annual
Price
2024 $1,805,000 5.00% 103.250
SERIES 2004-B (TERM BONDS)
Stated Annual
Price
2014 $180,000 5.25% 100.00
2024 335,000 6.00 100.00
S-1
MBIA insurance Corporation
113 King Street, Armonk, NY 10504
Tel 914-273-4545
www.mbia.com
TAX CERTIFICATE
201 East Sixth
RE: $5,323,000 City of Newton, Kansas, General Obligation Bonds, Series 2004-A
(the "Obligations")
In connection with the issuance of the above-referenced obligations (the "Obligations"),MBIA Insurance
Corporation (the "Insurer") is issuing a financial guaranty insurance policy (the "Policy") securing the
payment of principal and interest on the Obligations.
This is to advise you that:
1. The Policy is an unconditional obligation of the Insurer to pay scheduled payments of
principal and interest on the Obligations in the event of a failure to do so by the City of Newton,
Kansas (the "Issuer");
2. The insurance premium in the amount of $30,000 for the Policy, represents the charge for a
transfer of credit risk and was determined in arm's length negotiations and is required to be paid
as a condition to the issuance of the Policy;
3. No portion of such premium represents an indirect payment of costs related to the issuance
of the Obligations other than'for the transfer of credit risk;
4. The Insurer does not reasonably expect that it will be called upon to make any payment
under the Policy; and
5. To the extent the Insurer is called upon to make any payment under the Policy, the Insurer
reasonably expects to pursue all available legal remedies to secure reimbursement for such
payment.
Dated: September 1,2004

GILMORE & BELL
A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
O N E M A I N PLACE
316-267-2091 KANSAS CITY, MISSOURI
100 NORTH M A I N , SUITE 800 ST. LOUIS, MISSOURI
FAX: 3 1 6 - 2 6 2 - 6 5 2 3
WWW.GILMOREBELL.COM WICHITA. KANSAS 6 7 2 0 2 - 1 3 9 8 LINCOLN, NEBRASKA
September 1,2004


Armonk, New York
Re: $5,323,000 General Obligation Bonds, Series 2004-A, of the City of Newton,
Kansas, Dated September 1,2004
(the "Issuer"), of the above-captionedbonds (the "Bonds"). - . ' *k c
both principal and interest in part from special assessments levied upon the property benefited by the
construction of certain improvements and, if not so paid, from ad valorem taxes which may be levied
without limitation as to rate or amount upon all the taxable tangible property, real and personal, within the
territorial limits of the Issuer. The balance of the principal and interest on the Bonds is payable from ad
property, real and personal, within the territorial limits of the Issuer.
2. The interest on the Bonds (including any original issue discount properly allocable to an
owner thereof) is excluded from gross income for federal income tax purposes and is not an item of tax
preference for purposes of the federal alternative minimum tax imposed on individuals and corporations.
It should be noted, however, that for the purpose of computing the alternative minimum tax imposed on
corporations (as defined for federal income tax purposes), such interest is taken into account in
determining adjusted current earnings. The opinions set forth in this paragraph are subject to the
condition that the Issuer comply with all requirements of the Internal Revenue Code of 1986, as amended
$5,323,000 - Series 2004-A
Page Two
(the "Code"), that must be satisfied subsequent to the issuance of the Bonds in order that interest thereon
be, or continue to be, excluded from gross income for federal income tax purposes. The Issuer has
covenanted to comply with all such requirements. Failure to comply with certain of such requirements
may cause the inclusion of interest on the Bonds in gross income for federal income tax purposes
retroactive to the date of issuance of the Bonds. The Bonds are "qualified tax-exempt obligations" within
the meaning of Section 265(b)(3) of the Code, and, in the case of certain fmancial institutions (within the
meaning of Section 265(b)(5) of the Code), a deduction is allowed for 80 percent of that portion of such
financial institution's interest expense allocable to interest on the Bonds. We express no opinion
regarding other federal tax consequences arising with respect to the Bonds.

gross income.
exercise ofjudicial discretion in appropriate cases.
GILMORE & BELL
A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
O N E M A I N PLACE
316-267-2091 KANSAS CITY, MISSOURI
FAX: 3 1 6 - 2 6 2 - 6 5 2 3 100 NORTH MAIN, SUITE 800 ST. LOUIS, MISSOURI
WWW.GILMOREBELL.COM WICHITA, KANSAS 6 7 2 0 2 - 1 3 9 8 LINCOLN, NEBRASKA
September 1,2004


Armonk, New York
Re: $515,000 Taxable General Obligation Refunding Bonds, Series 2004-B, of the
City of Newton, Kansas, Dated September 1,2004
We have acted as Bond Counsel in connection with the issuance by the City of Newton, Kansas ,'2 #I:
(the "Issuer"j, of the above-captioned bonds (the "Bonds").
both principal and interest from ad valorem taxes which may be levied without limitation as to rate or
amount upon all the taxable tangible property, real and personal, within the territorial limits of the Issuer.
2. The interest on the Bonds is not excluded from gross income for federal income tax
purposes. We express no opinion regarding other federal tax consequences arising with respect to the
Bonds.

gross income.
$5 15,000 - Series 2004-B
Page Two
113 King Street, Arrnonk, N Y 10504
MBIA Tel 914-273-4545
www.rnbia.com
~ September 1,2004

201 East Sixth

100 North Main Street, Suite 810
$5,323,OOO
Series 2004-A
$5 15,000
Series 2004-B

I am Deputy General Counsel of the MBIA Insurance Corporation, a New York corporation (the
"Corporation"), and have acted as counsel to the Corporation in connection with the issuance of
Financial Guaranty Insurance Policy Nos. 44695 and 44696 (the "Policies") relating to
$5,323,000 City of Newton, Kansas, General Obligation Bonds, Series 2004-A and $515,000
City of Newton, Kansas, Taxable General Obligation Refunding Bonds, Series 2004-B.
In so acting, I have examined copies of the Policies and such other relevant documents as I have
deemed necessary.
Based upon the foregoing, I am of the following opinion:
1. The Corporation is a stock insurance corporation, duly incorporated and validly existing
under the laws of the State of New York and is licensed and authorized to issue the Policies
under the laws of the State of New York and the State of Kansas.
Page 2
2. The Policies have been duly executed and are a valid and binding obligation of the
Corporation enforceable in accordance with its terms except that the enforcement of the Policies
may be limited by laws relating to bankruptcy, insolvency, reorganization, moratorium,
receivership and other similar laws affecting creditors' rights generally and by general principles
of equity (regardless of whether such enforceability is considered in a proceeding in equity or at
law).
Very truly yours,
Katherine McManus
Deputy General Counsel
STATE OF KANSAS
OFFICE OF THE ATTORNEY G E N E R A L
120 SW 1OTH AVE., 2ND FLOOR
TOPEKA,KS 66612-1597
(785)296-2215 FAX (785)296-6296
WWW.KSAG.ORG
September 1, 2004
The Honorable Lynn Jenkins

State Treasurer
Landon State Office Building, Room 201 N
Topeka, KS 66601
Dear Ms. Jenkins:
Pursuant to K.S.A. 10-108, basic or supplemental transcript material is hereby

approved and you may register the following:
Municipality: City of Newton, Kansas

Description: General Obligation Bond
Series: 2004-A Numbered: Registered
Dated: September I , 2004
-, .
Aggregate Amount:~$5,323,000.00
Date of First Payment: March 1, 2005
Fiscal Agent: State Treasurer
Sincerely,
OFFICE OF THE ATTORNEY GENERAL
~ s s i s t a n ~ ~ t t oGeneral
rne~
PK:RDS:jm
cc: Ronald Ahsmuhs, City Clerk
Gilmore & Bell, Wichita, Kansas
-
STATE OF KANSAS
OFFICE OF T H E ATTORNEY GENERAL
120SW 1OTH AVE., 2ND FLOOR
P n I L r KLIME TOPEKA, KS 6 6 6 1 2-1 597
ATTORNEY GENERAL (785) 296-221 5 FAX ( 7 8 5 ) 296-6296
WWW.KSAG.ORG
September I , 2004
The Honorable Lynn Jenkins

State Treasurer
Landon State Office Building, Room 201 N
Topeka, KS 66601
Dear Ms. Jenkins:
Pursuant to K.S.A. 10-108, basic or supplemental transcript material is hereby

approved and you may register the following:
Municipality: City of Newton, Kansas

Description: Taxable General Obligation Refunding Bond
Series: 2004-B Numbered: Registered
Dated: September I,2004
Aggregate Amount: $515,000.00
Date of First Payment: March 1, 2005
Fiscal Agent: State Treasurer
Sincerely,
OFFICE OF THE ATTORNEY GENERAL
PK:RDS:jm
cc: Ronald Ahsmuhs, City Clerk
Gilmore & Bell, Wichita, Kansas
George K Baum & Company 100 North Main - Suite 810 Wichita, KS 67202
To: Attached Distribution List
From: Charles M. Boully, Senior Vice President

Date: August 25,2004
Re: BOND ISSUE CLOSING ARRANGEMENTS (revised)
KAME OF ISSUER:
AMOUNT, NAME APIITD

DATE OF ISSUE:
$5,323,000 $5 15,000
General Obligation Bonds Taxable General Obligation Refunding Bonds
Series 2004-A Series 2004-B
Dated: September 1,2004 Dated: September 1,2004
TIME, DATE AND

PLACE OF CLOSING:
Wednesday, September 1,2004, 10:OO a.m. (CDT)

100 N. Main - Suite 810
CLOSING MEMORANDUM
SERIES 2004-A &: B
PAGE 2
MATURITY SCHEDTJLES
SERIES 2004-A
SERIAL BONDS
Maturity Date Interest Rate -

Yield CUSIP Numbers
09/01/2005 1.550% 652861 WV 3
09/01/2006 2.150 652861 W\V 1
09/01/2007 2.450 652861 WX 9
09/01/2008 2.850 652861 WY 7
0910 1/2009 3.150 652861 WZ 4
09/01/2010 3.300 652861 XA 8
09/01/2011 3.500 652861 XI3 6
09/01/2012 3.600 652861 XC 4
09/01/2013 3.750 652861 XD 2
09/01/2014 3.850 652861 XE 0
09/01/2015 4.000 652861 XF 7
09/01/2016 4.200 652861 XG 5
09/01/2017 4.300 652861 XH 3
09/01/2018 4.400 652861 XJ 9
09/01/2019 4.500 652861 XK 6
TERM BONDS
09/01/2024 4.591%"
* Yield to Call.
SERIES 2004-B
TERM BONDS
5.250%
6.000
PURCHASE PRICE CALCULATION:

SERIES 2001-B
PRINCIPAL AMOUNT $ 515,000.00
PLUS: ACCRUED INTEREST (09101/04 TO 0910 1/04) 0.00 0.00
PLUS: REOFFERING PREMIUM 94,247.80 0.00
SUBTOTAL S 5,417,247.80 $ 515,000.00
LESS: UNDERWRITER'S DISCOUNT 58,380.00 0.00
LESS: BOND INSURANCE PREMItJM 33,000.00 0.00
FINAL PAYMENT AMOUNT
CLOSING MEMORANDUM
SERIES 2004-A & B
PAGE 3
METHOD O F FUNDS TRANSFER AND INSTRUCTIONS:

Early on Wednesday morning, September 1,2004, George K. Baum & Company \\-ill wire transfer
payment for the Series 2004 A & B Bonds ($5,840,867.80) to: UMB Bank, n.a., Kansas City,
Missouri (ABA#1010-0069-5) for credit to the State of Kansas Municipal Investment Pool
(account #0200005169) for further credit to The City of Newton, Kansas (accomt #OMIP-O4),
Attention: Kevin Hornung (785) 296-1013.
On Wednesday morning, September 1, 2004, George K. Baum & Company will also wire transfer
payment of the bond insurance premium in the amount of $33,000 ($30,000 for Series 2004-A and
$3,000 for Series 2004-B) to JP Morgan Chase Bank, New York, New York (ABA0210-0002-1)
for credit to MBIA Insurance Corporation (account #910-2-721728), reference policy #'s 44695
and 44696, Attention: Ms. Joanne DeGennaro (914) 273-4545.
In accordance with instructions from the City of Newton, Kansas, the State Municipal Investment
Pool will debit the City of Newton's account on August 31, 2004 and credit the account of the
Kansas State Treasurer to retire the outstanding Series 2001-B Taxable G.O. Bonds of the City on
September 1, 2004:
PRINCIPAL AMOUNT $ 530,000.00

ACCRUED INTEREST (0310 1/04 TO 0910 1/04) 18,550.00
STATE TREASURER CHARGES 10.00
TOTAL AMOUNT TO BE TRANSFERRED PER
PRECEEDING INSTRUCTIONS: $ 548.560.00
BOND DELIVERY INSTRUCTIONS:

Bonds will be shipped overnirrkt from the Kansas State Treasurer's Office no h e r than Friday,
August 27, 2004 to: The Depository Trust Company, Attn: Bob Buck, Interface, Underwriting
Department, 1'' Floor South - 55 Water Street, New York, New York 1004 1.
DELIVERY O F TRANSCRIPT AND LEGAL OPINION:

Upon payment for the Bonds and completion of the wire transfer described above. rhe Bonds shall
be released and executed copies of the Legal Opinion of Gilmore & Bell, P.C., %-ichita, Kansas,
Bond Counsel, and transcript documents will be available and distributed within a reasonable period
of time.
COSTS O F ISSUANCE:
The City of Newton, Kansas will pay Bond Issuance Costs (estimate attached) upon receipt of
proper invoices (Attn: Ron Ahsmuhs, City ClerWFinance Director, City of Newton. Kansas, Newton
City Building, 201 E. 6'h Street, P.O. Box 426, Newton, Kansas 671 14-0426.
QUESTIONS?
If there are any questions regarding this closing memorandum, please contact Chuck Boully of
George K. Baum & Company, Wichita, Kansas at (316) 264-9351.
DISTRIBUTION LIST
Mr. Jim Heinicke, City Manager Mi-. Joe Norton, Esq.

City of Newton, Kansas Gilrnore & Bell, P.C.
Newton City Building 100 N. Main - Suite 800
201 E. 6" Street Wichita, Kansas 67202
P.O. Box 426 (3 16) 267-2091 (3 16) 262-6523 fax
Newton, Kansas 67 114-0426
(3 16) 284-6001 (3 16) 284-6090 fax The Depository Trust Company
Am: Bob Buck - Interface
Mr. Ron Ahsmuhs, City ClerWFinance Director Underwriting Department
City of Newton, Kansas 55 Water Street - 1'' Floor South
Newton City Building New York, New York 10041
201 E. 6" Street (212) 855-8820 (212) 855-5004 fax
P.O. Box 426
Newton, Kansas 67 114-0426 Mr. Kevin Homung
(3 16) 284-6001 (3 16) 284-6090 fax Kansas Municipal Investment Pool
Landon State Office Building
Ms. Denise Duerksen, Deputy City Clerk 900 S.W. Jackson - Suite 207
City of Newton, Kansas Topeka, Kansas 66612
Newton City Building (785) 296-1013 (785) 296-2857 fax
201 E. 6" Street
P.O. Box 426 Ms. Carmen Klopping
Newton, Kansas 67 114-0426 Kansas State Treasurer's Office
(3 16) 284-6001 (3 16) 284-6090 fax Landon Office Building
900 S.W. Jackson - Suite 201
Mr. Jim Werries Topeka, Kansas 666 12
Director of Administrative Services (785) 296-4148 (785) 296-7950 f a
Newton City Building Mr. Rich Smith
201 E. 6" Street Attorney General's Office
P.O. Box 426 120 S.W. 10" Avenue - 2'* Floor
Newton, Kansas 67 114-0426 Topeka, Kansas 66612-1237
(316) 284-6001 (316) 284-6090 fax (785) 296-2215 (785) 296-6296 fax
Mr. John R. Suderman, President Mr. David Ball

Midland National Bank George K. Baum & Company
527 Main 717 Seventeenth Street - Suire 2500
P.O. Box 427 Denver, Colorado 80202
Newton, Kansas 67 114 (303) 292-1600 (303) 293-2381 fax
(316) 283-1700 (316) 283-3813 fax
Mr. Don Stills
Ms. Joanne DeGemaro, Closing Coordinator George K. Baum & Company
MBIA Insurance Corporation 7 17 Seventeenth Street - Suite 2500
113 King Street Denver, Colorado 80202
h o n k , New York 10504 (303) 292-1600 (303) 391-5642 fax
(9 14) 765-3864 (914) 765-3161 fax
Ms. Kathy Walton

Standard & Poor's
Lincoln Plaza
500 N. Akard - Suite 3200
Dallas, Texas 75201
(214) 871-1400 (214) 871-1409 fax
CLOSING MEMORANDUM
CITY OF DEWTON, KANSAS
SERIES 2004-A & B
PAGE 4

SERIES 2004-A & B
ESTIMATED COSTS OF ISSUANCE
BOND COUNSEL
BOND REGISTRAREAYING AGENT
RATING AGENCY FEE
POSIOFFICIAL STATEMENT P'MNTING
BOND PRINTING
MISCELLANEOUS
TOTAL

Gilmore Bell,: JLM403552/CLOSDOCS (08-02-04)

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Gilmore Bell,: JLM403552/CLOSDOCS (08-02-04)

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Gilmore & Bell, P.C.

AUTHORIZING TRE ISSUANCE

CITY OF NEWTON, KANSAS

DATED SEPTEMBER 1,2004

Gilmore & Bell, P.C.

DATED SEPTEMBER 1,2004

City of Newton, Kansas (the "Issuer")

Robert D. Myers, Esq., Newton, Kansas ("Issuer's Counsel")

Attorney General of the State of Kansas

George K. Baum & Company, Wichita, Kansas ("Original Purchaser")

Gilmore & Bell, P.C., Wichita, Kansas ("Bond Counsel")

MBIA Insurance Corporation, Armonk, New York ("Bond Insurer")

PROCEEDINGS AUTHORIZING THE IMPROVEMENTS

Stratford Place Addition - Sanitary Sewer Line Extension Improvements (Sewer

5. Autumn Glen Addition - Sanitary Sewer Line Extension Improvements (Sewer

JLN\403552\CLOSDOCS PART I (08-02-04) ..

15. Autumn Glen 1st and 2ndAdditions - Street Improvements

16. Wheatridge Addition - Street Improvements (Phase III)

adoption of Resolution No. 1-985

JLM403552\CLOSDOCS PART I (08-02-04)

Wheatridge Addition - Sanitary Sewer Line Extension Improvements (Sewer District

27. Hangar E Improvements

28. Waterline Relocation - Broadway and Interstate 135

3 1. West T Hangar Extension

JLN\403552\CLOSDOCS PART I (08-02-04)

Skytile (Park Improvements)

35. Service Center Public Building Improvements

JLN\403552\CLOSDOCSPART I (08-02-04) ...

SPECIAL ASSESSMENT PROCEEDINGS

Certificate of Mailing - Notice of Public Hearing

Revised Assessment Roll (Resolution Nos. 1-982 and 1-989 omitted)

Ordinance No. 4491-04 levying special assessments

Affidavit of Publication of Ordinance No. 449 1-04

Certificate of Mailing - Notice of Assessment

Certificate of Treasurer - Assessments Paid in Cash

PROCEEDINGS AUTHORIZING THE SALE

Preliminary Official Statement and Certificate Deeming Preliminary Official Statement

52. Ordinance No. 4500-04 authorizing the issuance of the Bonds

53. Affidavit of publication of Ordinance No. 4500-04

57. Redemption Documents - Series 2001-B Bonds

58. Transcript Certificate with attached Statement of Costs

59. Uniform Facsimile of Signature Certificate

60. Authorization of State Treasurer to use facsimile signature and seal

61. Specimen Bonds and Bond Printer's Certificates

62. Agreement Between Issuer and Agent

63. DTC Documents - Blanket Letter of Representations

64. Municipal Bond Insurance Policies - MBIA

65. Rating Letters - Standard & Poor's

66. Closing Certificate

Exhibit A - Continuing Disclosure Instructions

67. Federal Tax Certificate with attachments as follows (Series 2004-A):

Schedule I - Calculation of Yield

Exhibit A - Arbitrage Instructions

68. Internal Revenue Service Form 8038-G (Series 2004-A)

70. Receipt and Representation

7 1. Certificate of Bond Insurer

74. Opinions of Counsel to Bond Insurer