For class 3A sub-state tournament pairings:

http://www.kshsaa.org/BASKETBALL/Brackets/3AReg1.htm

For class 4A sub-state tournament pairings:

http://www.kshsaa.org/BASKETBALL/Brackets/4AReg8.htm

CANEY — Caney Valley High School will have six wrestlers in the class 4A state wrestling tournament on Friday and Saturday, Feb. 27-28 — thanks to their state tournament qualification at last weekend’s class 4A regional meeting.

The six wrestlers include three returning state qualifiers from the 2007-08 season: Jake Price, a 171-pound senior (who also qualified for the state tournament during his freshman and sophomore seasons); Dakota Denny, a 285-pound sophomore; and Nate Hudson, a 112-pound sophomore. Joining that trio at the state meet will be Hunter Stalford, a 103-pound freshman; Brad Terry, a 160-pound senior; and Eric Mason, a 215-pound freshman.

Price and Stalford were the lone gold medalists for the Bullpup wrestling program at last weekend’s class 4A regional meet. Price waltzed through his bracket before defeating Jacob Weaver in the championship bout.
Price has a 39-2 record going into the state tournament, where he is the top seed in the 171-pound division.

Stalford pinned each of his three opponents to claim the top spot among the featherweights at the regional meet. In making his first appearance on the state tournament mats, Stalford will carry an impressive 36-2 record under his belt.

Hudson earned the bronze at 112 pounds after going 3-1 at the regional meet. Hudson’s lone loss was to Emilio Burnett of Parsons, who eventually claimed second place among the 112 pounders.

Hudson has a 35-7 record entering the state tournament.

At 160 pounds, Terry claimed third place with a 3-1 record — the only loss coming to eventual bracket champion John Hambleton of Labette County. Terry holds the distinction of having the most matches under his belt of any Bullpup wrestler this season: a total of 47 (33-14).

Mason opened the 215-pound division with a loss to David Lloyd of Columbus. However, the Caney Valley varsity rookie rebounded with four straight wins to earn the bronze medal. Mason has a 20-8 record this season — all of which came since January, when he returned from a pre-season elbow injury.

Denny was on the road toward a gold medal in the 285-pound bracket before Tank Burns of Columbus halted the Caney Valley’s sophomore progress. Denny lost to Burns on a decision in the championship bout.

Also representing Caney Valley at the class 4A regional meet were Quint Lockwood, 135 pounds; Cameron Artherton, 140 pounds; and Sam Watt, 145 pounds.

The Bullpups finished the class 4A regional meet in sixth place out of 15 schools. The Caney valley team amassed 114 team points, trailing only Chanute, Columbus, Augusta El Dorado and Mulvane.

The class 4A state tournament will be held at the Salina Bicentennial Center in Salina, Kan.

CLASS 4A REGIONAL TOURNAMENT SCORES: Chanute 184, Columbus 146.5, Augusta 143, El Dorado 130.5, Mulvane 120.5, Caney Valley 114, Independence 68, Circle-Towanda 63.5, Labette County 62.5, Rose Hill 42.5, Fort Scott 36, Parsons 31, Andover 18, Coffeyville 11, Iola 7.

CHERRYVALE — A trio of Cherryvale High School wrestlers will be representing the school at the class 3A-1A state tournament, which begins on Friday, Feb. 27 in Hays, Kan.

Among the three state-bound wrestlers are a pair of Charger grapplers who got a taste of the state tournament last year. Robert Lane, a 171-pound senior, returns to the state tournament with a 24-10 record. Lane won third place at last weekend’s class 3A-1A regional tournament in Burlington after posting a 3-1 record.

Lane, who competed at last year’s state tournament at the 160-pound division, has a 24-10 record going into this weekend’s state meet.

Also at last weekend’s regional meet, Nick Hockett, a 135-pound junior, won second place in the 135-pound division — the same weight bracket that propelled the CHS grappler to the state meet in the 2007-08 season. Hockett’s lone loss came to Devin Bingham of Burlingame in the championship bout.

The CHS state qualifier has a 29-4 record thus far in the 2008-09 season.

Joining Lane and Hockett at the state meet will be Dillon Linnebur, a 145-pound senior. Linnebur claimed third place at the regional meet with a 4-1 record.

Linnebur will have a 25-10 record under his belt when he enters the Gross Memorial Coliseum in Hays, Kan., this weekend.

Two other CHS wrestlers competed at the class 3A-1A regional meet but were unable to qualify for the state tournament. They included Mike Bolinger, 140 pounds, and Dalton Fosnight, 189 pounds.

With only five local wrestlers at the regional meet, Cherryvale had an impressive finish, claiming 10th place overall out of 21 schools.

CLASS 3A-1A REGIONAL TOURNAMENT SCORES: Silver Lake 147.5, Burlington 132, Rossville 126, Atchison County 124.5, Wellsville 118, Pleasant Ridge 87, Fredonia 69, Horton 65.5, Doniphan West 64, Cherryvale 63, Burlingame 60, Mission Valley 52, Council Grove 51, Saint Marys 51, Jayhawk Linn 32, Immaculata 22, St. Paul 22, Erie 21, Oskaloosa 18, Central Heights 17.5, Troy 6. Neodesha 0.

Sub-state basketball tournaments will be held next week with tournament action starting on Monday, March 2.

Listed below are the tournament schedules for Caney Valley and Cherryvale teams.

• Caney Valley High School varsity men: The Caney Valley men’s team will play at Andover at 7 p.m., Monday, March 2. A win over Andover will send the Bullpups to a semi-final basketball game at Wellington, Kan., next Thursday, March 5. A loss to Andover will end the Bullpups’ season.

• Caney Valley High School varsity women: The Caney Valley women’s team will host Augusta at 7 p.m., Tuesday, March 3. A win over Augusta will propel the Bullpups to a semi-final basketball game at Wellington, Kan., next Friday, March 6. A loss to Augusta will end the Bullpups’ season.

• Cherryvale High School varsity men: Cherryvale High School varsity men will host Baxter Springs at 7 p.m., Tuesday, March 3. A victory over Baxter Springs will push the Chargers to a semi-final game against the winner of Southeast-Cherokee and Fredonia on Friday, March 6, in Southeast-Cherokee. A loss to Baxter Springs will end the Chargers’ season.

• Cherryvale High School varsity women: Cherryvale High School varsity women will host Neodesha at 7 p.m., Monday, March 2. A victory over Neodesha will advance the Lady Chargers to a semi-final game against the winner of Galena and Erie on Thursday, March 5, in Southeast-Cherokee. A loss to Neodesha will end the Chargers’ season.

BY ANDY TAYLOR
Montgomery County Chronicle

WICHITA — Ross A. Williams, the Claremore, Okla., man who is accused of robbing a Coffeyville bank and mortally wounding an innocent bystander in a shootout with police, is scheduled to return to U.S. District Court today (Thursday).

Williams will appear in federal for a detention hearing as well as a preliminary hearing in the events of Feb. 17 that led to the loss of one life.

Acting U.S. Attorney Marietta Parker said last Thursday that Williams stands charged with three counts, including bank robbery, one count of killing a person in the process of a bank robbery, and one count of possessing a firearm in furtherance of his attempt to escape arrest.

According to court documents, at about 4:55 p.m. Feb. 17 Williams entered the Bank of America at 1401 W. Eighth Street in Coffeyville. Brandishing a box cutter-style knife, he demanded money and received $7,100 from a teller. He then left the bank riding a bicycle. A witness who followed him saw Williams put the bike in the back of an SUV and drive away.

Starting in the 1200 block of West 10th Street, Williams led police on a high speed chase that ended when his vehicle struck a tree on North Grant Street. As Williams abandoned the car carrying an AK-47 assault rifle, he fired multiple shots at police and they returned fire. He fled into a wooded area.

None of the officers was injured during the exchange of gunfire, but a bystander identified as Willie Neal, Jr., was shot in the upper thigh and died from the wounds. An autopsy recovered a bullet that ballistics examiners identified as consistent with the type of ammunition fired from an assault rifle.

About three and a half hours later, police found Williams crossing an open field and took him into custody without further incident. He was wearing body armor and carrying a pistol when he was arrested.

Upon conviction, the crimes carry the following penalties:

• Bank robbery: A maximum penalty of 20 years and a fine up to $250,000.

• Causing a death while attempting to avoid arrest for a bank robbery:

A maximum penalty of death or life in prison and a fine up to $250,000.

The United States Attorney General’s Review Committee on Capital Cases will be responsible for reviewing the case and making a recommendation to United States Attorney General Eric Holder on whether to seek the death penalty.

• Using a firearm in furtherance of avoiding arrest for a bank robbery:

A maximum penalty of 10 years and a fine up to $250,000.

As in any criminal case, a person is presumed innocent until and unless proven guilty. The indictments filed merely contain allegations of criminal conduct.

Gwendolyn Elizabeth Troyer — Jason and Jennifer Troyer, Maryville, Tenn., are the parents of a baby daughter, Gwendolyn Elizabeth Troyer, born Jan. 21, 2009, at Maryville. She weighed 7 pounds 3 ounces and was 19 inches in length.
Maternal grandparents are Ruth and Phillip McKee, Wayside, and maternal great-grandmothers are Betty Horton, Wayside and Neta Phillips, Caney.
Paternal grandparents are Omer and Mary Jane Troyer, North Port, Fla.

(Published in the Montgomery County Chronicle on Thursday, Feb. 26, 2009)

CITY OF CHERRYVALE
AN ORDINANCE AMENDING CHAPTER ONE OF THE CITY CODEBOOK

ORDINANCE NO. 09-4573
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF CHERRYVALE, KANSAS:

ARTICLE 1. BOARD OF
COUNCIL MEMBERS
1-101. GOVERNING BODY.
The board of council members shall constitute the governing body of the city and shall consist of the mayor and four council members.Source: Charter Ordinance 00-21, Section 2.B.
1-102. ELECTION TO OFFICE
(a) The City Council shall divide the City into wards, which shall be as equal in population as is practical, establish the boundaries thereof and number the same for the purpose of providing separate polling places for the population of the City to vote. The territory of each ward shall be contiguous and compact.
(1) Names. The City of Cherryvale, with its lawfully established additions, be and the same is hereby divided into two wards, designated respectively as “First” and “Second” ward.
(2) Boundaries.
a. The First Ward shall consist of all that portion of the city lying east of the center line of the South East Kansas Railroad Company’s right of way; and
b. The Second Ward shall consist of all that portion of the city lying west of the center line of the South East Kansas Railroad Company’s right of way.
(b) The City Council of the City of Cherryvale, Kansas shall consist of four members and a mayor. Two council members shall be residents of the First Ward. Two council members shall be members of the Second Ward. The mayor may be from either ward. All Council members and the mayor shall be elected by the City at large. Each voter shall have one vote for each City Council and/or mayor seat that is up for election. A number of Council members shall be elected based upon each candidate’s vote total with such number being equal to the available number of Council seats. Source: Charter Ordinance 00-21.
1-103. QUALIFICATIONS FOR OFFICE.
The mayor and each of the council members shall be at least eighteen (18) years of age, a citizen of the United States, and a qualified elector of the City of Cherryvale.
1-104. HOLDING OTHER OFFICE.
No member of the governing body shall hold any elected office under the laws of any State or of the United States or political subdivision of the state of Kansas nor shall any governing body member be appointed to any non-elected position until one year has lapsed since they served as a member of the governing body.
1-105. VACANCIES; REMOVALS.
(a) Vacancy in office of mayor or council member, how filled; president of council. When any vacancy shall happen in the office of mayor by death, resignation, removal from the city, removal from office, refusal to qualify, or otherwise, the president of the council for the time being shall exercise the office of mayor, with all the rights, privileges and jurisdiction of the mayor, other than the appointment of officers pursuant, until such vacancy be filled or such disability be removed, or, in case of temporary absence, until the mayor shall return. During the time the president of the council shall exercise the office of the mayor, the president shall receive the same compensation that the mayor would be entitled to; and in case of vacancy, other than a temporary absence or disability, the person exercising the office of mayor shall become mayor. Thereupon the council shall elect from its membership a new president of the council. Whenever a vacancy shall occur in the office of council member, the governing body shall appoint an elector of the ward where the vacancy occurs to be council member for the balance of the unexpired term.
(a) The resignation of the Mayor or any council member shall be made in writing to the council for their action thereon;
(b) If the mayor or any council member shall remove from the territorial limits of the City, such removal shall ipso facto, be deemed to create a vacancy in his or her office. Source: Charter Ordinance 96-20, Section 5. See also, K.S.A. 14-308.
1-106. MAYOR: POWERS; DUTIES.
The Mayor shall have all powers and duties granted or implied by Kansas Statutes Annotated for mayors of cities of the second class as modified by City of Cherryvale Charter Ordinances. The Council Members shall annually select form the membership of the council members a President who shall perform the duties of the mayor in the absence of the Mayor.
The Mayor shall preside at all meetings of the City Council, and shall have a casting vote when the Council is equally divided and none other, and shall have the superintending control of all the officers and affairs of the city, and shall take care that the ordinances of the city and this act are complied with.
The Mayor may appoint various commission, board, and committee members from time to time with the consent of the council. Any commission, board, or committee appointment sent to council must be confirmed within 30 days or the appointment becomes null and void. The council may reject an appointment with or without cause and no further explanation shall be needed. The Mayor may cast the tie breaking vote in a case where the council is split. Source: K.S.A. 14-301; Charter Ordinance 96-20, Section 5.
1-108. Not in active use. Charter Ordinance 96-20.
1-109. COUNCIL: GENERAL POWERS.
The council shall set policy and have general oversight over all departments of the city, and shall have the power to make and enforce such rules and regulations as they may deem fit and proper for and concerning the organization, management and operation of all the departments of the city, and whatever agencies may be created for the administration of its affairs. The Council shall have such other and further powers, and perform such other duties as are now conferred upon cities of the second class in the State of Kansas.
1-110. Not in active use. Charter Ordinance 96-20
1-111. EMERGENCY GOVERNMENT.
In the event of a catastrophe in which all, or a majority of the members of the governing body are fatally injured, the interim governing body shall be composed of any surviving member, the City Attorney, and the City Clerk.
1-112. REGULAR MEETINGS; SPECIAL MEETINGS; QUORUM.
(a) A regular meeting of the Council shall be held at 7:00 p.m. on the third Monday of each of month, or the Tuesday following the third Monday if a City Holiday falls on the third Monday. 

(b) A regular council workshop shall be held at 7:00 p.m. on the first Monday of each month, or the Tuesday following the first Monday if a City Holiday falls on the first Monday.
(c) Special meetings may be called by the Mayor or any one council member, with the following requirements:
(1) the request must be in writing,
(2) the object and purpose of such meeting shall be clearly stated,
(3) an agenda must be attached or incorporated into the request, and
(4) the request shall be read at the meeting, and entered at length on the journal.
(5) No action shall be transacted at the special meeting except that mentioned in the agenda/notice of special meeting.

(d) At all regular and special meetings of the Council, a majority of the Council Members elect and the Mayor shall be required to constitute a quorum to do business; but a smaller number may adjourn from day to day, and may compel the attendance of absent members, in such manner and under such penalties as the Council by ordinance may have previously prescribed.
1-113. SALARIES OF MAYOR AND COUNCIL MEMBERS; EXPENSES.
(a) Salary. The salary of the mayor shall be $250.00 per month. The salary of each council member shall be $200.00 per month.

(b) Expenses. Payment for any out of pocket expenses shall be approved in advance, unless later approved by the Council.

ARTICLE 2. APPOINTED
OFFICERS & EMPLOYEES
1-201. APPOINTED CITY OFFICERS.
(a) During the first Regular meeting in May of each year, the Mayor shall appoint, by and with the consent of the Council the Municipal Judge. If the Council is split on any confirmation the Mayor may break the tie. The council may reject an appointment with or without cause and no explanation shall be needed. In the event that any position becomes vacant the Mayor with the Consent of the council shall appoint a qualified individual to serve out the rest of the term. 

(b) Based on the recommendation of the City Administrator, the Mayor shall appoint with the consent of the Council the City Attorney, City Clerk, Police Chief, Fire Chief/EMS Director, and Director of Public Works. The appointments shall be made during the first regular Council meeting in May of even numbered years, and shall last for a period of two years. If the Council is split on any confirmation the Mayor may break the tie. The council may reject an appointment with or without cause and no explanation shall be needed. In the event that any position becomes vacant the City Administrator shall appoint an acting officer for a period not to exceed six month. Any service past six month shall require action of the City Council.

(c) The appointment of other employees shall be provided for by ordinance.
1-202. APPOINTIVE OFFICE QUALIFICATIONS.
(a) No person shall be eligible to any appointive office unless he shall be a bona fide resident of the State of Kansas. Provided that the City Administrator, Police Chief, Fire Chief, City Clerk, and Public Works Director must live within the City of Cherryvale or within the three (3) miles surrounding the city, unless otherwise authorized by the City Council:
(1) The City may hire non-resident expert employees, or appoint non-residents as City Attorney, Municipal Judge, and as law enforcement officers when deemed necessary, including the appointment of non-residents who also serve as City Attorney, Municipal Judge, or law enforcement officers of another municipality or public agency;
(2) The City Attorney shall be a qualified elector of the state of Kansas. Deputy City Attorneys shall not be required to be a resident of the state of Kansas, but shall be admitted to practice law within the State of Kansas or applicable jurisdiction.
(3) Nothing herein shall authorize the appointment of non-residents of this State to any office within the City; although an officer shall be given six months for the date of his or her appointment to meet the residency requirement or as specified (2).
(b) The City Clerk shall record all appointments in the City Council Minutes.The Council may require all City officers, elected or appointed to take and subscribe an oath or affirmation and give bond and/or security for the faithful performance of their duties.
1-203. TERM OF OFFICE. Not in active use. Charter Ordinance 96-20, Section 4.
1-204. VACANCIES IN OFFICE.
1-205 APPOINTIVE OFFICE SALARIES.
The Council by a majority vote, shall set the minimum and maximum salaries and compensation for appointed officers and employees by resolution. The City Administrator shall set the specific salary and compensation within the range designated by the resolution.
1-206. CITY ADMINISTRATOR: POWERS, DUTIES.
Appointment: The City Council shall appoint a City Administrator, who shall be the chief executive officer of the city. He or she shall be a person of demonstrated administrative ability with experience in a responsible, important executive capacity and shall be chosen solely on the basis of his or her executive and administrative qualifications and knowledge of accepted practices for this position.
Assistant City Administrator: With the consent of the City Council, the City Administrator shall designate an Assistant City Administrator to exercise the powers and perform the duties of City Administrator during any temporary absence or disability of the City Administrator.
Compensation and Tenure: The City Administrator shall receive a salary fixed by the Council. He or she shall be appointed for an indefinite term and shall serve at the pleasure of the Council, subject only to the terms of his or her contract.
Powers: The City Administrator shall be responsible to the Council for the proper and efficient administration of all affairs of the city under his or her jurisdiction, and shall, subject to the provisions of the personnel policies of this city and other ordinances, have the power to appoint, assign, reassign, discipline, and remove all directors or heads of departments and all employees under his or her jurisdiction.
Duties: The City Administrator shall have the power and it shall be his or her duty:
(a) To execute and enforce all laws, ordinances, resolutions, and policies of the Council and to administer the affairs of the city.
(b) To sign all contracts binding the city, unless Council approval of the contract or subject matter is required by city ordinance or resolution, state or federal law, or other city officers or employees are specifically authorized by ordinance to approve and sign the contracts. This authority is subject to all legal and administrative reviews and approvals otherwise required by city ordinance. The City Administrator may also sign contracts that require council approval, after approval has been obtained.
(c) To attend all meetings of the Council, unless excused, and such meetings of boards and commissions as he or she chooses or which he or she is directed to attend by the Council, and to participate in discussions at such meetings.
(d) To recommend to the Council such measures and ordinances as he or she may deem necessary or expedient and to make such other recommendations to the Council concerning the affairs of the city as he or she finds desirable.
(e) To investigate affairs of the city under his or her supervision, or any franchise or contract for the proper performance of any obligation to the city within his or her jurisdiction.
(f) To control and administer the financial affairs of the city.
(g) To prepare an annual budget for submission to the Council.
(h) To prepare or cause to be prepared the plans, specifications, and contracts for work which the
Council may order.
(i) To supervise the purchasing of materials and supplies, to make recommendations to the
Council in connection with the awarding of public contracts, and to see that all city contracts under his or her direction, or that of the Council, are faithfully performed.
(j) To prepare and submit to the Council such reports as it may require or that the City Administrator deems appropriate.
(k) To keep the Council at all times fully advised as to the financial condition and needs of the city.
(l) To prescribe such general rules and regulations as he or she may deem necessary or expedient to the general conduct of the departments under his or her jurisdiction.
(m) When directed by the Council, to represent the city in its intergovernmental relations and to negotiate contracts for joint governmental actions, subject to Council approval.
(n) To be the City Administrator’s sole employment, except as otherwise authorized by the City Council or the City Administrator’s employment contract.
(o) To perform such other duties as may be prescribed by ordinance or resolution.
(p) To provide the Council members a written report of the city’s financial condition and administrative activities for the prior fiscal year.
(q) To recommend organization of departments and divisions in the most efficient and economical manner.
(r) To prepare and set the agenda for the conduct of business at Council meetings.
1-207. CITY ATTORNEY; DUTIES.
The City Attorney, or his or her deputy, shall represent the city in all proceedings instituted in any court within the State of Kansas, by or against the city. He shall draft or approve all ordinances for the city when instructed to do so by the majority of the council or the City Administrator; he shall draft or approve all bonds, contracts, leases and such other instruments as may be required by the city. He shall advise the council, their committees, and all Officers of the city upon such legal questions affecting any of them as may be submitted to him and furnish his written opinion when requested to do so by the council or City Administrator. He or she shall perform such other professional services incident to his office as may be required by the Council or City Administrator. The City Attorney may appoint deputy city attorneys from time to time with the approval of the City Administrator or the City Council. He or she shall report in writing at the close of his official term, if requested, the proceedings in all cases during the year and the nature and condition of each, except he shall not be required to a make report covering municipal court.
1-208. CITY ATTORNEY; REMOVAL. The City Attorney may be removed with or without cause by a majority vote of the Council. Amended by 07-4518
1-209 CITY CLERK; DUTIES. The duties of the City Clerk of the City of Cherryvale shall include, in addition to other duties as assigned by the Governing Body and/or the City Administrator;
(a) The City Clerk of Cherryvale, Kansas shall direct and coordinate activities of the City Clerk’s Office of the City of Cherryvale, in accordance with state laws and the authority delegated by the Governing Body and/or the City Administrator of the City of Cherryvale, Kansas.
(b) The City Clerk shall recommend rules and regulations for the department for approval by the City Administrator and the Governing Body of the City of Cherryvale.
(c) The primary functions of the City Clerk shall be to attend all meetings of the Council and make a record of its proceedings; keep the corporate seal; properly endorse and separately file all bills, orders, resolutions, ordinances, petitions, bonds and other papers introduced, passed or presented to the Council in such a manner as to be readily accessible for reference; keep a cash journal and ledger in which he or she shall keep the accounts of the city. All documents of such Clerk shall be open to inspection at all times, and he or she shall make a detailed written report to the Council at the end of each month of all moneys, accounts, receipts and disbursements.
(d) In order to administer the daily activities of the City Clerk’s Office of the City of Cherryvale, it is expected that the City Clerk will:
(1) Maintain an open door policy and be accessible to the public.
(2) Maintain a professional appearance at all times.
(3) Maintain a professional department.
(4) Establish a proactive program to ensure excellent customer service.
(e) In addition to other duties described herein, the City Clerk shall:
(1) Coordinate internal investigations of members of the department for alleged wrong doing; and
(2) May suspend, demote, or terminate members of the department, with the approval of the City Administrator; and
(3) Approve the hiring and promotion of members of the department, with the approval of the City Administrator; and
(4) Have control over and be responsible for the care and condition of all departmental equipment. It shall be the duty of the City Clerk to see that such equipment is at all times properly maintained, and to submit a written report as to its condition to the City Administrator on July 1st of each year.
(5) The City Clerk shall also coordinate the training of members of the department and the maintenance of the department’s records.
(f) The City Clerk shall adopt all prudent measures for the prevention of fraud.
(g) The City Clerk position is an at-will appointment and the appointment may be terminated at anytime by either the City of Cherryvale or the employee. The City Administrator or Governing Body may suspend or terminate the City Clerk with or without cause.
1-210. CITY TREASURER; DUTIES.
The City Clerk shall appoint a City Treasurer with the authorization of the City Administrator. The City Treasurer shall have charge of the moneys belonging to the city, derived from taxation, licenses and of all departments of the city which shall be kept by the City Treasurer in a depository designated by the Council and the moneys so derived and paid to the City Treasurer shall be by him or her kept in the various funds and shall not be paid out of any of the funds, except upon order or draft signed by the mayor and countersigned by the City Clerk, under the seal of the city and which shall designate which fund the order is drawn from; the City Treasurer shall also make report to the Council monthly and shall prepare quarterly the financial statement for publication for said city and the City Treasurer shall check his or her accounts with the city depository at least once every month and render such other and additional statements and accounts to the Council and City Administrator as they shall from time to time so order.
1-211 DIRECTOR OF PUBLIC WORKS; DUTIES. The duties of the Director of Public Works of the City of Cherryvale shall include, in addition to other duties as assigned by the Governing Body and/or the City Administrator;
(a) The Director of Public Works of Cherryvale, Kansas shall direct and coordinate activities of the Public Works Department of the City of Cherryvale, in accordance with state laws and the authority delegated by the Governing Body and/or the City Administrator of the City of Cherryvale, Kansas.
(b) The Director of Public Works shall recommend rules and regulations for the department for approval by the City Administrator and the Governing Body of the City of Cherryvale.
(c) The Director of Public Works shall have the immediate supervision of the care, repair and upkeep of all streets, alleys, culverts and bridges within the City. He shall have under his care and control the city’s cemetery and shall perform or cause to be performed herein, all the duties heretofore devolving upon the sexton, including the opening and closing of graves. He shall supervise the care of Logan Park and Lake Tanko and all buildings and equipment therein.
(d) In order to administer the daily activities of the Public Works Department of the City of Cherryvale, it is expected that the Director of Public Works will:
(1) Maintain an open door policy and be accessible to the public.
(2) Maintain a professional appearance at all times.
(3) Maintain a professional department.
(4) Establish a proactive program for maintenance of the city streets, parks, water distribution system, storm water system, and sanitary sewer system.
(e) In addition to other duties described herein, the Director of Public Works shall:
(1) Coordinate internal investigations of members of the department for alleged wrong doing; and
(2) May suspend, demote, or terminate members of the department, with the approval of the City Administrator; and
(3) Approve the hiring and promotion of members of the department, with the approval of the City Administrator; and
(4) Have control over and be responsible for the care and condition of all departmental equipment. It shall be the duty of the Director of Public to see that such equipment is at all times properly maintained, and to submit a written report as to its condition to the city administrator on July 1st of each year.
(5) The Director of Public Works shall also coordinate the training of members of the department and the maintenance of the department’s records.
(f) The Director of Public Works position is an at-will appointment and the appointment may be terminated at anytime by either the City of Cherryvale or the employee. The City Administrator or Governing Body may suspend or terminate the Director of Public Works with or without cause.
1-212 CHIEF OF POLICE; DUTIES. The duties of the Chief of Police of the City of Cherryvale shall include, in addition to other duties as assigned by the Governing Body and the City Administrator;
(a) The Chief of Police of Cherryvale, Kansas shall direct and coordinate activities of the municipal police department of the City of Cherryvale, in accordance with state laws and the authority delegated by the Governing Body and the City Administrator of the City of Cherryvale, Kansas.
(b) The Chief of Police shall recommend rules and regulations for the department for approval by the City Administrator and the Governing Body of the City of Cherryvale.
(c) The primary function of the Chief of Police shall be to coordinate and administer daily police activities and personnel engaged in enforcing the Laws of the State of Kansas and the Ordinances of the City of Cherryvale.
(d) In order to administer the daily police activities of the City of Cherryvale, it is expected that the Chief will:
(1) Maintain an open door policy and be accessible to the public.
(2) Maintain a professional appearance at all times.
(3) Maintain a professional department.
(4) Maintain the lead role in the investigations of crimes and assist other officers in their duties.
(5) Establish proactive program for the prevention of crime.
(e) In addition to other duties described herein, the Chief of Police shall:
(1) Coordinate internal investigations of members of the department for alleged wrong doing; and
(2) Approve the suspension, demotion, or termination of the members of the department , with the approval of the City Administrator; and
(3) may approve the hiring and promotion of members of the department, with the approval of the City Administrator; and
(4) Have control over and be responsible for the care and condition of all departmental equipment. It shall be the duty of the police chief to see that such equipment is at all times properly maintained, and to submit a written report as to its condition to the city administrator on July 1st of each year.
(5) The Chief of Police shall also coordinate the training of the police officers and the maintenance of police records.
(f) The Chief of Police of the City of Cherryvale may in a limited way, without neglect of the duties and functions provided for herein, participate in regional mutual assistance.
(g) The Chief of Police position is an at-will appointment and the appointment may be terminated at anytime by either the City of Cherryvale or the employee. The City Administrator or Governing Body may suspend or terminate the Chief of Police with or without cause.Added by 07-4515
1-213 CHIEF OF FIRE; DUTIES. The duties of the Chief of Fire of the City of Cherryvale shall include, in addition to other duties as assigned by the Governing Body and the City Administrator;
(a) The Chief of Fire of Cherryvale, Kansas shall direct and coordinate activities of the municipal fire department of the City of Cherryvale, in accordance with state laws and the authority delegated by the Governing Body and/or the City Administrator of the City of Cherryvale, Kansas.
(b) The Chief of Fire shall recommend rules and regulations for the department for approval by the City Administrator and the Governing Body of the City of Cherryvale.
(c) The primary function of the Chief of Fire shall be to coordinate and administer daily Fire Department activities and personnel engaged in Preventing, Controlling, and Extinguishing Fires; and operation of the City of Cherryvale’s EMS system.
(d) In order to administer the daily activities of the Fire Department of the City of Cherryvale, it is expected that the Chief will:
(1) Maintain an open door policy and be accessible to the public.
(2) Maintain a professional appearance at all times.
(3) Maintain a professional department.
(4) Establish proactive program for the prevention of fire and the general health and well being of the city.
(e) In addition to other duties described herein, the Chief of Fire shall:
(1) Coordinate internal investigations of members of the department for alleged wrong doing; and
(2) May suspend, demote, or terminate members of the department with the approval of the City Administrator; and
(3) Approve the hiring and promotion of members of the department, with the approval of the City Administrator; and
(4) Have control over and be responsible for the care and condition of all departmental equipment. It shall be the duty of the fire chief to see that such equipment is at all times properly maintained, and to submit a written report as to its condition to the city administrator on July 1st of each year.
(5) The Chief of Fire shall also coordinate the training of members of the department and the maintenance of the department’s records.
(f) Shall have full power, control and command over all persons present at fires, direct the use of all fire apparatus and equipment, command all firemen in the discharge of their duties and take such measures as deemed necessary to preserve and protect property and extinguish fires.
(g) Shall keep in convenient form a complete record of all fires, including the time and location, construction of building, owner of building, occupancy of building, how extinguished, value of building and contents, loss on building and contents, insurance on building and contents, members responding to the alarm, and any other information deemed advisable.
(h) Shall adopt all prudent measures for the prevention of fires and for this purpose the chief or his or her designee may, upon request or whenever there is reason to believe that the safety of life and property demands it, enter any building, yard or premises in the city as provided by law. Where dangerous, unsafe or hazardous conditions are found to exist, the chief or a designee shall give such directions for the alteration, change or removal or better care or management of the same as he or she may deem proper, and such directions shall be obeyed and complied with by the person directed in that regard and at his or her own expense.
(i) The Chief of Fire of the City of Cherryvale may in a limited way, without neglect of the duties and functions provided for herein, participate in regional mutual assistance.
(j) The Chief of Fire position is an at-will appointment and the appointment may be terminated at anytime by either the City of Cherryvale or the employee. The City Administrator or Governing Body may suspend or terminate the Chief of Fire with or without cause.
1-213. OTHER APPOINTIVE OFFICERS; POWERS, DUTIES.
The Municipal Judge, the Chief of Police, and the Chief of Fire shall have such powers and duties as are customary and usual for their respective offices and such as may hereafter be specified by ordinance. Authority within the limits of their duties as above specified shall be subject only to the orders and directions of the City Administrator and the Council.
1-214. ILLEGAL ACTS. It shall be unlawful for any elected or appointed officer of the City to:
(a) act as an advisor or counselor adversely to the City in any litigation or controversy in which the City may be directly or indirectly interested;
(b) to resign or quit the duties of their office, or to conspire or encourage other officers to resign or quit the duties of their office, so as to leave, or with the intent to leave, the City with an insufficient force of officers in any department; or
(c) to accept any gratuity or reward for doing or omitting to perform any duty incumbent on him by virtue of his office. Violation of this section is a class C municipal misdemeanor.
1-215 REGULATING THE INVESTMENT OF MUNICIPAL FUNDS.
1.The City Clerk is authorized to invest funds of the City, not immediately required for the purposes for which the funds were collected or received, in any investment authorized by or pursuant to Kansas law; provided, that the City Treasurer shall keep sufficient funds on hand at all times to pay the obligations of the City as the same become due and owing.
2. All revenue received from the investment of city funds shall be deposited in the general operating fund of the city
1-216. INCORPORATING PURCHASING MANUAL AND PURCHASING PROCEDURES.
There is hereby incorporated by reference for the purpose of regulating purchasing procedures for the City of Cherryvale, Kansas, that certain Manual of Purchasing Procedures known as the “Purchasing Manual” Edition of April 2008, prepared and published in booklet form and to which shall be attached a copy of this ordinance, and filed with the city clerk to be open to inspection and available to the public at all reasonable hours.
1-217. INCORPORATING “THE PERSONNEL POLICY MANUAL.
There is hereby incorporated by reference for the purpose of regulating personnel policies for the City of Cherryvale, Kansas, that certain Manual of Personnel Policy known as the “Personnel Policy Manual” Edition of April 2008, prepared and published in booklet form and to which shall be attached a copy of this ordinance, and filed with the City Clerk to be open to ins

ARTICLE 4. ORDINANCES
1-401. CONSIDERATION AT PUBLIC MEETING. All ordinances of the city shall be considered at a public meeting of the governing body. Cross References: K.S.A. 12-3001.
1-402. VOTE ON FINAL PASSAGE. The vote on any ordinance shall be by yeas and nays, which shall be entered on the journal by the clerk. No ordinance shall be valid unless a majority of the council members present vote in favor of the proposed ordinance. Cross References: K.S.A. 12-3002.
1-403. SUBJECT AND TITLE. No ordinance shall contain more than one subject, which shall be clearly expressed in its title. Cross References: K.S.A. 12-3004.
1-404. AMENDMENT. No section or sections of an ordinance shall be amended unless the amending ordinance contains the entire section or sections as amended and the section or sections amended shall be repealed. Cross References: K.S.A. 12-3004.
1-405. STYLE. The style or ordinance clause of all ordinances shall’ be: “Be it ordained by the Governing Body of the City of Cherryvale, Kansas.” Cross References: K.S.A. 12-3005.
1-406. NUMBERING. After an ordinance is passed, the city clerk shall assign to it a number and the city attorney shall designate the chapter and article under which it shall be filed in the city code. Appropriation ordinances may be numbered in a separate series at the discretion of the Council. Cross Reference: K.S.A. 12-3006
1-407. PUBLICATION. The city clerk shall cause all ordinances, except appropriation ordinances, as soon as practicable after they have been passed and signed, to be published once in the official city newspaper. The publisher shall. print in a line preceding the number of the ordinance a statement in parenthesis as follows: (Published ______, 20__), giving the month, day and year. Cross References: K.S.A. 12-3007.
1-408. EFFECTIVE DATE. Ordinances shall take effect the day of publication unless a different and later day is stated in the ordinance or otherwise specified by statute. Appropriation ordinances shall take effect upon passage. Cross References: K.S.A. 12-3007.
1-409. SIGNING, SEAL. The mayor shall sign all ordinances but shall have.power. If the mayor is not present at the meeting at which the ordinance is passed, the President of the Council shall sign the ordinance as follows: (name)(title) by direction of the Council, the mayor being absent from the meeting.” After the last section of each ordinance shall be a statement substantially as follows: “Passed by the Governing Body the ___ day of __________, 20__; followed by “signed by the mayor” with signature of the mayor. The city clerk shall attest to the signature and affix the seal of the city to the ordinance. Source of Law: K.S.A. 12-3003. Cross References: K.S.A. 12-3303
1-410. ORDINANCE BOOK. The city clerk shall keep an “Ordinance Book,” in which shall be entered at length in numerical order every ordinance hereafter enacted immediately after its passage and required publication. The city clerk shall append at the end of each ordinance entered in the “Ordinance Book” a certificate substantially as follows: “I hereby certify that the foregoing is a true and correct copy of the original ordinance; that said ordinance was passed on the ___ day of __________ , 200__ that the record of the final vote on its passage is found on page ___ of journal _____; that it was published in the (name of newspaper) on the ___ day of 200__.
Each “Ordinance Book” shall be appropriately designated by number or by letter or letters or by years, or otherwise.
All ordinances of the city may be proved by the certificate of the city clerk, under the seal of the city. Cross References: K.S.A. 12-3008.
1-411. EFFECT OF REPEALS. When any ordinance, repealing a former ordinance, clause, or provision, shall itself be repealed, such repeal shall not revive the former ordinance, clause or provision unless it is expressly so provided.
1-412. REVISION AND CODIFICATION. When the Council orders a revision and codification of the ordinances of the city, a publication in book or pamphlet form of not less than required by state law shall be printed. When a revision or codification is authorized and adopted by the city pursuant to Kansas statute, it shall become law as provided by Kansas statute. Cross References: K.S.A. 12-3014 through 12-3016, compilation, revision and codification.
1-413. RULES OF CONSTRUCTION. The same rules shall govern the construction of city ordinances, so far as they are applicable, as govern in the construction of the statutes of the State of Kansas.

ARTICLE 5.
OATHS AND BONDS
1-501. OATH OF OFFICE. The mayor, council members and all officers shall, before entering upon the duties of their respective offices, take and subscribe an oath or affirmation as follows: “I do solemnly swear (or affirm as the case may be) that I will support the constitution of the United States and the constitution of the State of Kansas, and faithfully discharge the duties of ____________________. So help me God.” Cross References: K.S.A. 54-106, form of oath to be taken by officer.
1-502. BOND; MAYOR AND COUNCIL MEMBERS. The mayor and each of the council members shall before entering into the duties of his office give a good and sufficient surety bond in the sum of five thousand dollars ($5,000) conditioned on the faithful discharge of his duties, which bond shall be approved by a Judge of the District Court of Montgomery County, Kansas; the cost and premiums in securing the bond shall be borne by the city. Cross Reference: K.S.A. 14-1304, K.S.A. 78-111.
1-503. APPOINTIVE OFFICERS. The following appointive officers and employees shall give a corporate surety bond, conditioned as provided by law and approved by the governing body, in the following amounts:
City Clerk: $50,000
City Treasurer: $50,000
Municipal Judge: $15,000
Municipal Court Clerk: $15,000
City Administrator: $15,000
City Attorney: $15,000
Cross References: K.S.A. 78-111; K.S.A. 12-4108.
1-504. SURETY BONDS; PREMIUMS. All premiums on surety bonds shall be paid by the city out of the general fund. Cross References: K.S.A. 78-111, city must pay the premium for surety bond.
1-505. SURETY BONDS; APPROVAL. All surety bonds given to the city shall be approved as to their form by the city attorney and as to their sufficiency by the governing body unless otherwise provided by the laws of the state.
1-506. SURETY BONDS; FILING. All surety bonds shall be filed with the clerk except the city clerk’s bond, which shall be filed with the city treasurer.
1-507. BLANKET BOND. The governing body may provide for the coverage by blanket bond of such officers and employees and in such amounts as the governing body may, by resolution, designate.

ARTICLE 6. TAXATION,
ACCOUNTING
1-601. CITY RETAILER’S SALES TAX. The city, pursuant to approved special questions voted upon levies a 2.75% retailers’ sales tax on all retail sales consummated within the City. Source of Law: Ordinance No. 3557, 07-4505, and 07-4506. Cross References: K.S.A. 1980 Supp. 12-187, et seq.
1-602. AGGREGATE TAX LEVY LIMITS. Aggregate tax levy limitation provided for by K.S.A. 79-5001 to 79-5018 inclusive shall not apply to the City of Cherryvale. Source of Law: Charter Ordinance No. 7. Cross References: K.S.A. 79-5001 to 79-5018 (Charter Ordinance No. 7 exempts Cherryvale from these statutory provisions)
1-603. TAX FUND LEVY LIMITS. The governing body of the city is authorized and empowered to levy taxes in each year on each dollar of assessed valuation of said city for the following city purposes; provided, that the city purposes specifically authorized by other statutes are not excluded because they are not enumerated herein:
• General Operating Fund (which shall include the following activities): Governing Body, City Administrator, City Clerk’s Office, Police Department, Fire-Rescue Department, Parks and Cemetery, Municipal Swimming Pools, Street and Street Lighting, Municipal Court, Code Enforcement, and any other activity permitted by law as authorized by the City Council.
• Library.
The governing body may levy an amount necessary to meet the requirements of its adopted budget. Source of Law: Charter Ordinance No. 8. Cross References: K.S.A. 79-1952 (Charter Ordinance No. 8 ex- empts Cherryvale from this statutory provision). See: The League of Kansas Municipalities, “Handbook For the City Governing Body With Supplement for Cities of the Second Class,” pp. 79-81 (6th Ed. 1980).
1-604. ACCOUNTING AND REPORTING SYSTEM; AUDITS; FORMS. There shall be a system of fiscal procedure, accounting and reporting to the city to have its accounts examined and audited at least once each year, which system shall be uniform in its application to all officers of the same grade and kind and all accounts of the city to which it is applicable, and shall be used by the city and its officers and employees when directed by the state municipal accounting board. The city may use or adopt such forms as it shall deem best suited for its particular needs so long as all necessary information is shown on such forms. No copyrighted form or forms, books or records shall be adopted. The system adopted shall be obtainable upon the open market. PROVIDED, nothing herein shall require, or be interpreted to require, the city to adopt any sort of fixed asset accounting procedure. Source of Law: Charter Ordinance No. 12, Cross References: K.S.A. 1980 Supp. 75-1120 (Charter Ordinance No. 12, Section 2, restates the basic provisions of K.S.A. 1980 Supp. 75-1120 but provides for exemption from any sort of fixed asset accounting procedure).
1-605. FINANCIAL STATEMENTS AND REPORTS. The city shall utilize accounting procedures and fiscal procedures in the preparation of financial statements and financial reports that conform to generally accepted accounting principles as promulgated by the national committee on governmental accounting and the American institute of certified public accountants and adopted by rules and regulations of the municipal accounting board. PROVIDED, nothing herein shall require, or be interpreted to require, the city to adopt any sort of fixed asset accounting procedure. Source of Law: Charter Ordinance No. 12. Cross References: K.S.A. 1980 Supp. 75-1120a
1-606. FISCAL PROCEDURES AND REGULATIONS. The city shall follow fiscal procedures and regulations adopted by the director of accounts and reports, by and with the approval of the state municipal accounting boards. PROVIDED, nothing herein shall require, or be interpreted to require, the city to adopt any sort of fixed asset accounting procedure. Source of Law: Charter Ordinance No. 12, Cross References: K.S.A. 1980 Supp. 75-1121 (Charter Ordinance No. 12, Section 4, restates the basic provisions. of K.S.A. 1980 Supp. 75-1121 but provides for exemption from any sort of fixed asset accounting procedure).
1-607. AUDIT BY ACCOUNTANT. The city shall have the accounts of said city examined and audited by a licensed municipal public accountant or accountants, or certified public accountant or accountants. PROVIDED, nothing herein shall require, or be interpreted to require, the city to adopt any sort of fixed asset accounting procedure. Source of Law: Charter Ordinance No. 12. Cross References: K.S.A. 1980 Supp. 75-1122. (Charter Ordinance No. 12, Section 5, restates the basic provisions of K.S.A. 1980 Supp. 75-1122, but provides for exemption from any sort of fixed asset accounting procedure).
1-608. MINIMUM STANDARD AUDIT PROGRAM. In conducting examinations and audits, the licensed municipal public accountant or certified public accountant so engaged shall follow the minimum standard audit program, or the applicable portions thereof, prescribed by the director of accounts and reports with the approval of the municipal accounting board. The city, so audited, shall install and put such standardized accounting system into effect as soon as possible after such audit. PROVIDED, nothing herein shall require, or be interpreted to require, the city to adopt any sort of fixed asset accounting procedure and the city’s auditor shall not be required to examine any such fixed asset account. Source of Law: Charter Ordinance No 12. Cross References: K.S.A. 1980 Supp. 75-1123 (Charter Ordinance No. 12, Section 6, restates the basic provisions of K.S.A. 1980 Supp. 75-1123 but provides for exemption from any sort of fixed asset accounting procedure). Section 6 of Charter Ordinance No. 12 also provides: “. . .[T]he City’s auditor . . . may merely refer to this Charter Ordinance as authority for the absence of a fixed asset accounting system.”

ARTICLE 7.
MUNICIPAL COURT
1-701. JURISDICTION. The municipal court of Cherryvale shall have jurisdiction to hear and determine cases involving violations of all Cherryvale city ordinances. Search warrants shall not issue out of a municipal court. Source: K.S.A. 12-4104.
1-702. MUNICIPAL JUDGE; QUALIFICATIONS. The municipal court shall be presided over by a municipal judge who must be a citizen of the United States, at least twenty-one (21) years of age, and an attorney admitted to practice law in the state of Kansas or certified by the supreme court in the manner prescribed by K.S.A. 12-4114, as qualified to serve as a municipal judge. Source: K.S.A. 12-4105.
1-703. MUNICIPAL JUDGE; SALARY. The municipal judge shall receive a monthly salary established by the Council by ordinance. Source: K.S.A. 12-4105.
1-704. MUNICIPAL JUDGE; DOCKET. The municipal judge shall maintain a docket in which shall be entered every cause commenced in the court. Said docket shall contain the names of the accused persons and complainant, the nature or character of the offense, the date of trial, the names of all witnesses sworn and examined, the finding of the court, the judgment and sentence, the date of payment, the date of issuing commitment, if any, and every other fact necessary to show the full proceedings in each case. Source: K.S.A. 12-4106(c).
1-705. MUNICIPAL JUDGE; POWERS.
(a) The municipal judge shall have the power to administer the oaths and enforce due obedience to all orders, rules and judgments made by the court, and may fine or imprison for contempt committed in court or for failure to obey process issued by the court, in the same manner and to the same extent as the district court.
(b) The municipal judge shall have the power to hear and determine all cases properly brought before the court, to grant continuances, to sentence those found guilty to a fine or confinement in jail, or both, to commit accused persons to jail in default of bond, to determine applications for parole, to release on probation, to grant time in which a fine may be paid, to correct a sentence, to suspend imposition of a sentence, to set aside a judgment, to permit time for post trial motions and to discharge accused persons.
(c) The municipal judge shall promptly make such reports and furnish the information requested by any departmental justice or the judicial administrator, in the manner and form prescribed by the Supreme Court.
(d) The municipal judge shall ensure that information concerning dispositions of city ordinance violations that result in convictions comparable to convictions for class A and B misdemeanors under Kansas criminal statutes is forwarded to the Kansas bureau of investigation central repository. This information shall be transmitted, on a form or in a format approved by the attorney general, within 30 days of final disposition. Source: K.S.A. 12-4106.
1-706. MUNICIPAL JUDGE; REMOVAL
The municipal judge may be removed with or without cause by a unanimous vote of the Council.
1-707. MUNICIPAL JUDGE; PRO TEM.
(a) In the event the municipal judge is temporarily unable to preside due to absence, illness or disqualification, the municipal judge shall designate an attorney to act as judge pro tempore. In the event the municipal judge fails to appoint a judge pro tempore, the judge pro tempore shall be appointed in the same manner as the municipal judge is selected. The judge pro tempore shall receive compensation as shall be provided by ordinance, payable in the same manner as the compensation of the regular municipal judge.
(b) In the event a vacancy shall occur in the office of municipal judge, a successor shall be appointed to fill the un-expired term in the same manner as the municipal judge was appointed. Source: K.S.A. 12-4107.
1-708. TIME AND PLACE FOR COURT SESSIONS. Amended by 07-4511
TIME AND PLACE FOR COURT SESSIONS.
(a) The municipal court shall convene to hear cases involving violations of city ordinances at least once month. The Council shall establish court dates and times by ordinance. The Municipal Judge may convene court at other times as required to expedite the consideration of matters before the court.
(b) Municipal Court shall be held in the Community Room of the City Hall Building, 123 West Main, Cherryvale, Kansas. Municipal Court shall be held on the 2nd and 4th Monday of each month beginning at 4:00 p.m. Although, the Municipal Judge may cancel municipal court once during any month because of a holiday, weather, or any other reason the Municipal Judge deems.
1-708. COURTROOM; SUPPLIES. The city shall provide a suitable courtroom for the municipal court, together with all necessary supplies and records. Source: K.S.A. 12-4109.
1-709. CLERK OF THE MUNICIPAL COURT.
(a) The governing body may provide for the office of clerk of the municipal court. The municipal judge shall appoint such clerk or if no clerk is provided for, the judge shall also serve as clerk.
(b) The clerk shall issue all process of the court, administer oaths, file and preserve all papers, docket cases and set same for trial and shall perform such further acts as may be necessary to carry out the duties and responsibilities of the court.
(c) The clerk shall receive, account for and pay to the city treasurer monthly all fines and forfeited bonds paid into the court. The clerk shall make reports to the judicial administrator and furnish the information when requested by the judicial administrator or a departmental justice on such forms furnished by the judicial administrator, and approved by the supreme court.
(d) The clerk of the municipal court, or the municipal judge if no clerk is appointed, shall, within ten (10) days after selection, and before entering upon the duties of office, execute to the city such bond as the governing body may require, which shall be approved by the governing body, and filed in the office of the city clerk, conditioned for the faithful performance of the duties required by law, and for the faithful application and payment of all moneys that may be collected in the execution of the duties of the office. The city shall pay the cost of such bond. Source: K.S.A. 12-4108.
1-710. Not is active use. Repealed. __/__/__ Ord. No. 01-________
1-711. CITY ATTORNEY TO PROSECUTE. The city attorney, in person or by assistants, shall prosecute all cases in the municipal court. Source: K.S.A. 12-4110.
1-712. LAW ENFORCEMENT OFFICERS; PROCESS.
(a) Law enforcement officers of the city, county, or state, shall have power to execute all process issued by the municipal judge within the state of Kansas.
(b) The powers of law enforcement officers with respect to the code of criminal procedure shall not be reduced by this code. Source of Law: K.S.A. 12-4111.
1-713. COURT COSTS. Persons or entities found guilty of violating ordinances of the city shall be assessed costs for the administration of justice in municipal court. Source of Law: Charter Ordinance No. 9.
1-714. COURT COSTS; SCHEDULE; DOCKETED CASES.
(a) In addition to any fines, forfeitures or penalties imposed by the Municipal Court Judge, the following docket fees shall be assessed to each person who has been charged with a violation of a city ordinance and commanded to appear before the Cherryvale Municipal Court:
(1) For any traffic offense which results in a conviction, the costs to be assessed by the Municipal Judge shall be forty-five dollars ($45.00);
(2) For any offense listed in the Uniform Public Offense Code which results in a conviction, the costs to be assessed by the Municipal Judge shall be one-hundred two dollars ($102.00);
(3) For any other ordinance violation which results in a conviction, the costs to be assessed by the Municipal Judge shall be one-hundred two dollars ($102.00).
(b) Moneys received from any court costs levied and moneys received from any fines, forfeitures or penalties imposed by the Municipal Court Judge shall be deposited into the General Fund of the City of Cherryvale in accordance with adopted finance and accounting policies and practices and, therefrom, shall be paid to the Treasurer of the State of Kansas such sum as required by statutes and the remaining funds expended therefrom as the Governing Body shall deem necessary and prudent.
(c) In each case filed in municipal court where there is a finding of guilty or a plea of guilty, a plea of no contest, forfeiture of bond, or a diversion, a sum in an amount not to exceed $l.00 shall be assessed for the training, testing and continuing judicial education of municipal judges as provided in K.S.A. 1989 Supp. 12-4114. The judge or clerk of the municipal court shall remit at least monthly all assessments received pursuant to this section to the state treasurer for deposit in the state treasury to the credit of the municipal judge training fund. The specific amount of the assessment shall be fixed by order of the Supreme Court and shall apply uniformly to all cities. For the purpose of determining the amount to be assessed according to this section, if more than one complaint is filed against one individual arising out of the same incident, all such complaints shall be considered as one case. For the purpose of this section, parking violations shall not be considered as cases. Source: Subsection (c) Ordinance 90-3888
1-715. Not in current use. Repealed 90-3890.
1-716. COURT COSTS; MALICIOUS PROSECUTION. If it appears to the court prosecution was instituted without probable cause and with malicious motives, the court may require the person initiating the prosecution to appear and answer concerning their motives for instituting the prosecution. If after such hearing the court determines prosecution was instituted without probable cause and with malicious motives, all costs in the case shall be assessed against the complaining witness or other person or persons initiating the prosecution.

ARTICLE 8.
MUNICIPAL SERVICES.
1-801. CITY CLERK: MUNICIPAL RECORDS COPYING FEES.
(a) POLICY.
(1) It is hereby declared to be the policy of the city that all public records which are made, maintained or kept by or are in the possession of the city, its officers and employees, shall be open for public inspection as provided by, and subject to the restrictions imposed by, the Kansas Open Records Act (KORA);
(2) Any person, upon request, shall have access to such open public records for the purpose of inspecting, abstracting or copying such records while they are in the possession, custody and control of the appointed or designated record custodian thereof, or his or her designated representative.
(b) RECORD CUSTODIANS. The record custodian(s) appointed and designated pursuant to this ordinance shall preserve and protect all public records from damage, disorganization and theft and shall assist, in a timely and efficient manner, any person making request for access to any open public record.
(c) PUBLIC REQUEST FOR ACCESS. All city offices keeping and maintaining open public records shall establish office hours during which any person may make a request for access to an open public record. Such hours shall be no fewer than the hours each business day the office is regularly open to the public. For any city office not open Monday through Friday, hours shall be established by the record custodian for each such day at which time any person may request access to an open public record.
(d) FACILITIES FOR PUBLIC INSPECTION. All city offices keeping and maintaining open public records shall provide suitable facilities to be used by any person desiring to inspect , and/or copy an open public record. The office of the city clerk, being the principal recordkeeper of the city, shall be used as the principal office for providing access to and providing copies of open records to the maximum extent practicable. Requesters of records shall be referred to the office of the city clerk except when the requested records are not in that office and are available in another city office.
(e) PROCEDURES FOR INSPECTION. Any person requesting access to an open public record for purposes of inspecting or copying such record, or obtaining a copy thereof, shall abide by the procedures adopted by the governing body for record inspection and copying, including those procedures established by record custodians as authorized by the governing body. Such procedures shall be posted in each city office keeping and maintaining open public records.
(f) APPOINTMENT OF OFFICIAL CUSTODIANS. The following city officers are hereby appointed as official custodians for purposes of the Kansas Open Records Act (KORA) and are hereby charged with responsibility for compliance with that Act with respect to the hereinafter listed public records:
(1) City Clerk - All public records kept and maintained in the city clerk’s office and all other public records not provided for elsewhere in this section.
(3) Chief of Police - All public records not on file in the office of the city clerk and kept and maintained in the city police department.
(4) Fire Chief - All public records not on file in the office of the city clerk and kept and maintained in the city fire department.
(5) City Attorney - All public records not on file in the office of the city clerk and kept and maintained in the city attorney’s office.
(g) DESIGNATION OF ADDITIONAL RECORD CUSTODIANS.
(1) Each of the official custodians appointed in section 6 is hereby authorized to designate any Subordinate officers or employees to serve as record custodian. Such record custodians shall have such duties and powers as are set out in the Kansas Open Records Act (KORA).
(2) Whenever an official custodian shall appoint another person as a record custodian he or she shall notify the city clerk of such designation and the city clerk shall maintain a register of all such designations.
(h) DUTIES OF CUSTODIANS. All city officers and employees appointed or designated as record custodians under this ordinance shall: protect public records from damage and disorganization; prevent excessive disruption of the essential functions of the city; provide assistance and information upon request; insure efficient and timely action and response to all applications for inspection of public records; and shall carry out the procedures adopted by this city for inspecting and copying open public records.
(i) REQUESTS TO BE DIRECTED TO CUSTODIANS.
(1) All members of the public, in seeking access to, or copies of, a public record in accordance with the provisions of the Kansas Open Records Act (KORA), shall address their requests to the custodian charged with responsibility for the maintenance of the record sought to be inspected or copied during normal business hours.
(2) Whenever any city officer or employee appointed or designated as a custodian under this ordinance is presented with a request for access to, or copy of, a public record which record the custodian does not have in his or her possession and for which he or she has not been given responsibility to keep and maintain, the custodian shall so advise the person requesting the record. Further, the person making the request shall be informed as to which custodian the request should be addressed to, if such is known by the custodian receiving the request.
(j) FEE ADMIMSTRATION. The city clerk is hereby authorized to provide to the clerk’s office, and the office of each record custodian, with sufficient cash to enable the making of change for record fee purposes. Each custodian shall transmit all record fee moneys collected to the city treasurer not less than monthly. Each custodian shall maintain duplicates of all records and copy request forms, completed as to the amount of fee charged and collected, which amounts shall be periodically audited by the clerk-finance officer and treasurer of the city.
(k) INSPECTION FEE.
(1) Where a request has been made for inspection of any open public record which is readily available to the record custodian, there shall be no inspection fee charged to the requester.
(2) In all cases not covered by subsection (a) of this section, a record inspection fee shall be charged at the rate of $10.00 per hour per employee engaged in the record search. A minimum charge of 50 cents shall be charged for each such request.
(l) COPYING FEE.
(1) A fee of 25 cents per page shall be charged for photocopying public records, such fee to cover the cost of labor, materials and equipment.
(2) For copying any public records which cannot be reproduced by the city’s photocopying equipment, the requester shall be charged the actual cost to the city, including staff time, in reproducing such records.
(m) PREPAYMENT OF FEES.
(1) A record custodian many demand prepayment of the fees established by this ordinance whenever he or she believes this to be in the best interest of the city. The prepayment amount shall be an estimate of the inspection and/or copying charges accrued in fulfilling the record request. Any overage or underage in the prepayment shall be settled prior to inspection of the requested record or delivery of the requested copies.
(2) Prepayment of inspection and/or copying fees shall be required whenever, in the best estimate of the record custodian, such fees are estimated to exceed $ 50.00.
(3) Where prepayment has been demanded by the record custodian, no record shall be made available to the requester until such prepayment has been made.
(n) PAYMENT. All fees charged under this ordinance shall be paid to the custodian of the records inspected and/or copied unless the requester has established an account, for purposes of billing and payment, with the city.
1-802. INCORPORATING RECORDS RETENTION POLICY
There is hereby incorporated by reference for the purpose of regulating retention of records for the City of Cherryvale, Kansas, that a certain “Records Retention & Storage Schedule” of September 2007, prepared and published in booklet form and to which shall be attached a copy of this ordinance, and filed with the city clerk to be open to inspection and available to the public at all reasonable hours.
REPEAL. All previous versions of chapter one of the city code, all previous ordinances dealing with chapter one not included in the ordinance, and all other ordinances in conflict herewith are hereby repealed.
EFFECTIVE DATE. This ordinance shall take effect and be in force upon its publication in the official city newspaper.
PASSED AND APPROVED by the Governing Body of the City of Cherryvale, Kansas, this 17th of February, 2009.
John M. Wright, Mayor
ATTEST: Rebecca Swain, City Clerk
APPROVED TO FORM: John Bullard, City Attorney

* * * *

(Published in the Montgomery County Chronicle on Thursday, Feb. 19 and 26, 2009)

City of Cherryvale
RESOLUTION NO. 09-04
427 E. 3rd Street
A RESOLUTION ADOPTED PURSUANT TO CHAPTER 5, ARTICLE 8, OF THE CODE OF THE CITY OF CHERRYVALE, KANSAS, FIXING A TIME AND PLACE FOR HEARING AND PROVIDING FOR NOTICE UPON THE STATEMENT OF THE ENFORCING OFFICER OF SAID CITY THAT THE STRUCTURE DESCRIBED HEREIN IS UNSAFE AND DANGEROUS.
WHEREAS, the Enforcing Officer of the City of Cherryvale, Kansas, has filed a statement in writing that the following described structure is unsafe or dangerous, to-wit:
Lots: 7 & 8
Block: 47
Subdivision:
Address: 427 E. 3rd Street, Cherryvale, KS 67335
WHEREAS, Chapter 5, Article 8, of the Code of the City of Cherryvale, Kansas provides upon filing of such written statement, that the Governing Body of the City of Cherryvale shall fix a time and place of hearing, by adoption of a resolution, which resolution shall be published and notice given to each owner, agent, lien holder and occupant as hereafter set forth; and
WHEREAS, the name(s) and address(es) of the owner(s), owner(s) agent(s), lien holder(s) and occupant(s) are:
Owner(s):
Charles & Joyce Phelan
PO Box 853
Farmington, AR 72730
and
Jean March
22057 Chase Road
Cherryvale, KS 67335
Owner(s) Agent(s): None
Lien holder(s): None
Occupant(s): None
NOW THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY
OF THE CITY OF CHERRYVALE, KANSAS:
SECTION 1. The Governing Body of the City of Cherryvale, Kansas, does
hereby fix the following time and place at which the owner, owner’s agent, and lien holder of record and any occupant of such structure may appear and show cause why said structure should not be condemned and ordered repaired or demolished.
Date of Hearing: April 6, 2009 at 7:15 p.m.
Place of Hearing: City Hall, Council Room, Cherryvale, Kansas, or such other
place as may be designated by the City Council.
SECTION 2. This resolution shall be published once each week for two
consecutive weeks on the same day of each week in the Montgomery County Chronicle, the official city newspaper.
SECTION 3. The City Clerk of the City of Cherryvale, Kansas, is hereby
directed to mail a true and correct certified copy of the within Resolution by certified mail within three days after the date of first publication hereof to each owner, agent, lien holder and occupant at the last known place of residence of each marked “Deliver to Addressee Only”.
ADOPTED by the Governing Body of the City of Cherryvale on this 17th day of February, 2009.
John Wright, Mayor
ATTEST: Rebecca Swain, City Clerk

* * * *

(Published in the Montgomery County Chronicle on Thursday, Feb. 19 and 26, 2009)

City of Cherryvale
RESOLUTION NO. 09-05
121 N. Summit Street

A RESOLUTION ADOPTED PURSUANT TO CHAPTER 5, ARTICLE 8, OF THE CODE OF THE CITY OF CHERRYVALE, KANSAS, FIXING A TIME AND PLACE FOR HEARING AND PROVIDING FOR NOTICE UPON THE STATEMENT OF THE ENFORCING OFFICER OF SAID CITY THAT THE STRUCTURE DESCRIBED HEREIN IS UNSAFE AND DANGEROUS.
WHEREAS, the Enforcing Officer of the City of Cherryvale, Kansas, has filed a statement in writing that the following described structure is unsafe or dangerous, to-wit:
Lots: W 56’7” lots 7 & 8
Block:
Subdivision: Faircrest Plat Subdivision of Out Lot 13, Paxson’s Out Lot Addition
Address: 121 N. Summit Street, Cherryvale, KS 67335
WHEREAS, Chapter 5, Article 8, of the Code of the City of Cherryvale, Kansas provides upon filing of such written statement, that the Governing Body of the City of Cherryvale shall fix a time and place of hearing, by adoption of a resolution, which resolution shall be published and notice given to each owner, agent, lien holder and occupant as hereafter set forth; and
WHEREAS, the name(s) and address(es) of the owner(s), owner(s) agent(s), lien holder(s) and occupant(s) are:
Owner(s):
Phillip Hopkins
311 N. Neosho Street
Cherryvale, Kansas 67335
Owner(s) Agent(s): None
Lien holder(s):
Peoples State Bank
200 W. Main Street
Cherryvale, Kansas 67335
Occupant(s): None
NOW THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF CHERRYVALE, KANSAS:
SECTION 1. The Governing Body of the City of Cherryvale, Kansas, does
hereby fix the following time and place at which the owner, owner’s agent, and lien holder of record and any occupant of such structure may appear and show cause why said structure should not be condemned and ordered repaired or demolished.
Date of Hearing: April 6, 2009 at 7:15 p.m.
Place of Hearing: City Hall, Council Room, Cherryvale, Kansas, or such other
place as may be designated by the City Council.
SECTION 2. This resolution shall be published once each week for two consecutive weeks on the same day of each week in the Montgomery County Chronicle, the official city newspaper.
SECTION 3. The City Clerk of the City of Cherryvale, Kansas, is hereby
directed to mail a true and correct certified copy of the within Resolution by certified mail within three days after the date of first publication hereof to each owner, agent, lien holder and occupant at the last known place of residence of each marked “Deliver to Addressee Only”.
ADOPTED by the Governing Body of the City of Cherryvale on this 17th day of February, 2009.
John Wright, Mayor
ATTEST:
Rebecca Swain, City Clerk

* * * *

(Published in the Montgomery County Chronicle on Thursday, Feb. 19 and 26, 2009)

City of Cherryvale
RESOLUTION NO. 09-06
624 E. 5th Street
A RESOLUTION ADOPTED PURSUANT TO CHAPTER 5, ARTICLE 8, OF THE CODE OF THE CITY OF CHERRYVALE, KANSAS, FIXING A TIME AND PLACE FOR HEARING AND PROVIDING FOR NOTICE UPON THE STATEMENT OF THE ENFORCING OFFICER OF SAID CITY THAT THE STRUCTURE DESCRIBED HEREIN IS UNSAFE AND DANGEROUS.
WHEREAS, the Enforcing Officer of the City of Cherryvale, Kansas, has filed a statement in writing that the following described structure is unsafe or dangerous, to-wit:
Lots: 10
Block: 6
Subdivision: Carson & Baldwins Addition
Address: 624 E. 5th Street, Cherryvale, KS 67335
WHEREAS, Chapter 5, Article 8, of the Code of the City of Cherryvale, Kansas provides upon filing of such written statement, that the Governing Body of the City of Cherryvale shall fix a time and place of hearing, by adoption of a resolution, which resolution shall be published and notice given to each owner, agent, lien holder and occupant as hereafter set forth; and
WHEREAS, the name(s) and address(es) of the owner(s), owner(s) agent(s), lien holder(s) and occupant(s) are:
Owner(s):
H.A. & Marjorie Hamilton
P.O. Box 366
Cherryvale, KS 67335
Owner(s) Agent(s): None
Lien holder(s): None
Occupant(s): None
NOW THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF CHERRYVALE, KANSAS:
SECTION 1. The Governing Body of the City of Cherryvale, Kansas, does
hereby fix the following time and place at which the owner, owner’s agent, and lien holder of record and any occupant of such structure may appear and show cause why said structure should not be condemned and ordered repaired or demolished.
Date of Hearing: April 6, 2009 at 7:15 p.m.
Place of Hearing: City Hall, Council Room, Cherryvale, Kansas, or such other
place as may be designated by the City Council.
SECTION 2. This resolution shall be published once each week for two
consecutive weeks on the same day of each week in the Montgomery County Chronicle, the official city newspaper.
SECTION 3. The City Clerk of the City of Cherryvale, Kansas, is hereby
directed to mail a true and correct certified copy of the within Resolution by certified mail within three days after the date of first publication hereof to each owner, agent, lien holder and occupant at the last known place of residence of each marked “Deliver to Addressee Only”.
ADOPTED by the Governing Body of the City of Cherryvale on this 17th day of February, 2009.
John Wright, Mayor
ATTEST:
Rebecca Swain, City Clerk

* * * *

(Published in the Montgomery County Chronicle on Thursday, Feb. 19 and 26, 2009)

City of Cherryvale
RESOLUTION NO. 09-07
116 S. Catherine Street

118 S. Catherine Street

700 W. 4th Street

A RESOLUTION ADOPTED PURSUANT TO CHAPTER 5, ARTICLE 8, OF THE CODE OF THE CITY OF CHERRYVALE, KANSAS, FIXING A TIME AND PLACE FOR HEARING AND PROVIDING FOR NOTICE UPON THE STATEMENT OF THE ENFORCING OFFICER OF SAID CITY THAT THE STRUCTURE DESCRIBED HEREIN IS UNSAFE AND DANGEROUS.
WHEREAS, the Enforcing Officer of the City of Cherryvale, Kansas, has filed a statement in writing that the following described structure is unsafe or dangerous, to-wit:
Lots: 10 – 12
Block: 6
Subdivision: Coyles 3rd Addition
Address: 116 S. Catherine, 118 S. Catherine, 700 W. 4th Street, Cherryvale, KS 67335
WHEREAS, Chapter 5, Article 8, of the Code of the City of Cherryvale, Kansas provides upon filing of such written statement, that the Governing Body of the City of Cherryvale shall fix a time and place of hearing, by adoption of a resolution, which resolution shall be published and notice given to each owner, agent, lien holder and occupant as hereafter set forth; and
WHEREAS, the name(s) and address(es) of the owner(s), owner(s) agent(s), lien holder(s) and occupant(s) are:
Owner(s):
Jennie Mangum
1215 W. Martin
Cherryvale, Kansas 67335
Owner(s) Agent(s): None
Lien holder(s): None
Occupant(s): None
NOW THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF CHERRYVALE, KANSAS:
SECTION 1. The Governing Body of the City of Cherryvale, Kansas, does
hereby fix the following time and place at which the owner, owner’s agent, and lien holder of record and any occupant of such structure may appear and show cause why said structure should not be condemned and ordered repaired or demolished.
Date of Hearing: April 6, 2009 at 7:15 p.m.
Place of Hearing: City Hall, Council Room, Cherryvale, Kansas, or such other
place as may be designated by the City Council.
SECTION 2. This resolution shall be published once each week for two
consecutive weeks on the same day of each week in the Montgomery County Chronicle, the official city newspaper.
SECTION 3. The City Clerk of the City of Cherryvale, Kansas, is hereby
directed to mail a true and correct certified copy of the within Resolution by certified mail within three days after the date of first publication hereof to each owner, agent, lien holder and occupant at the last known place of residence of each marked “Deliver to Addressee Only”.
ADOPTED by the Governing Body of the City of Cherryvale on this 17th day of February, 2009.
John Wright, Mayor
ATTEST:
Rebecca Swain, City Clerk

* * * *

(Published in the Montgomery County Chronicle on Thursday, Feb. 26, March 5 and 12, 2009)

IN THE DISTRICT COURT OF MONTGOMERY COUNTY, KAN., CIVIL DEPARTMENT

Deutsche Bank National Trust Company, as Trustee for FFMLT Trust 2005-F11, Mortgage Pass-Through Certificates, Series 2005-FF11 (Plaintiff)
vs.
Erich Umlauf, et al. (Defendants)
Case No. 08CV169I
Court Number:
Pursuant to K.S.A. Chapter 60

Notice Of Sale
Under and by virtue of an Order of Sale issued to me by the Clerk of the District Court of Montgomery County, Kansas, the undersigned Sheriff of Montgomery County, Kansas, will offer for sale at public auction and sell to the highest bidder for cash in hand, at the Front door of City Hall of the Courthouse at Coffeyville, Montgomery County, Kansas, on March 19, 2009, at 2:00 PM, the following real estate:
Lots 3 and 4 Except the West 300 feet thereof, Sunset View Subdivision of the NW/4 of the NW/4 of Section 19, Township 32, Range 16, Montgomery County, Kansas, commonly known as 2609 N. Pennsylvania Avenue, Independence, KS 67301 (the “Property”)
to satisfy the judgment in the above-entitled case. The sale is to be made without appraisement and subject to the redemption period as provided by law, and further subject to the approval of the Court. For more information, visit www.Southlaw.com.
Robert Dierks, Sheriff
Montgomery County, Kansas
South & Associates, P.C.
Tricia M. Oldridge (KS #18213)
6363 College Boulevard, Suite 100
Overland Park, Kansas 66211
(913) 663-7600
(913) 663-7899 (Fax)
Attorneys For Plaintiff (93556)

* * * *

(Published in the Montgomery County Chronicle on Thursday, Feb. 26, March 5 and 12, 2009)

IN THE DISTRICT COURT OF
MONTGOMERY COUNTY, KAN.

National City Mortgage Co., (Plaintiff)
vs.
Michael R. Stevens, et al (Defendants)
No. 08CV68I
Div. No.
K.S.A. 60
Mortgage Foreclosure

NOTICE OF
SHERIFF’S SALE
Under and by virtue of an Order of Sale issued by the Clerk of the District Court in and for the said County of Montgomery, in a certain cause in said Court Numbered 08CV68I, wherein the parties above named were respectively plaintiff and defendant, and to me, the undersigned Sheriff of said County, directed, I will offer for sale at public auction and sell to the highest bidder for cash in hand at the south door of Judicial Center in Independence in the City of Independence in said County, on March 26, 2009, at 2:00 pm., of said day the following described real estate located in the County of Montgomery, State of Kansas, to wit:
LOT 14, RIVERVIEW ADDITION #2, CITY OF INDEPENDENCE, MONTGOMERY COUNTY, KANSAS Commonly known as 813 E Main, Independence, Kansas 67301
This is an attempt to collect a debt and any information obtained will be used for that purpose.
Robert Dierks, sheriff
Montgomery County, Kan.
SHAPIRO & MOCK, LLP
Attorneys for Plaintiff
6310 Lamar- Ste. 240
Overland Park, KS 66202
(913) 831-3000
Fax No. (913)831-3320
Our File No. 08-100557/src

* * * *

(Published in the Montgomery County Chronicle on Thursday, Feb. 19, 26 and March 5, 2009)

IN THE DISTRICT COURT OF MONTGOMERY COUNTY, KAN., CIVIL DEPARTMENT

CitiMortgage, Inc. (Plaintiff)
vs.
Gary L. Thornton and Carol M. Thornton, et al. (Defendants)
Case No. 08CV115I
Court Number:
Pursuant to K.S.A. Chapter 60

Notice Of Sale
Under and by virtue of an Order of Sale issued to me by the Clerk of the District Court of Montgomery County, Kansas, the undersigned Sheriff of Montgomery County, Kansas, will offer for sale at public auction and sell to the highest bidder for cash in hand, at the the South door of the Judicial Center of the Courthouse at Independence, Montgomery County, Kansas, on March 12, 2009, at 2:00 PM, the following real estate:
The East 80 Feet of Lot 1 and the North 5 1/2 Feet of the East 80 Feet of Lot 2, Block 29, City of Independance, Montgomery County, Kansas., commonly known as 219 N. 5th Street, Independence, KS 67301 (the “Property”)
to satisfy the judgment in the above-entitled case. The sale is to be made without appraisement and subject to the redemption period as provided by law, and further subject to the approval of the Court. For more information, visit www.Southlaw.com.
Robert Dierks, Sheriff
Montgomery County, Kan.
South & Associates, P.C.
Mark Mellor (KS #10255)
6363 College Boulevard, Suite 100
Overland Park, Kansas 66211
(913) 663-7600 • (913) 663-7899 (Fax)
Attorneys For Plaintiff (90226)

* * * *

(Published in the Montgomery County Chronicle, Thursday, Feb. 19 and 26, 2009)

City of Caney
RESOLUTION NO. 1197
A RESOLUTION ADOPTED PURSUANT TO ARTICLE 4, CHAPTER IV OF THE CODE OF THE CITY OF CANEY, KANSAS, STATING THE GOVERNING BODY’S FINDINGS OF FACT CONCERNING THE PUBLIC HEARING HELD UPON THE STATEMENT OF THE ENFORCING OFFICER OF SAID CITY THAT THE STRUCTURE DESCRIBED HEREIN IS UNSAFE OR DANGEROUS.
WHEREAS, the City of Caney, Kansas held public hearing on February 16, 2009, upon the statement of the enforcing officer of said City, to determine whether the following described structure is unsafe or dangerous, to-wit:
BLOCK 8, LOT 1 SECTION 07 TOWNSHIP 35 RANGE14 Highland Addition, to the City of Caney, Kansas, Montgomery County, Commonly known as 314 N. VINE AVE: (House)
WHEREAS, said hearing was held pursuant to and in compliance with the notice requirements set forth in Article 4, Chapter IV of the Code of the City of Caney; and
WHEREAS, Article 4, Chapter IV of the Code of the City of Caney, Kansas, provided that the Governing Body shall hear all evidence submitted by the owners, their agent, lien holder of record, or occupants having an interest in the structure as well as evidence submitted by the enforcing officer filing the statement and shall make findings of fact by resolution.
WHEREAS, the Governing Body of the City of Caney shall fix a reasonable time, not to exceed sixty (60) days, within which the repair or removal of such structure shall be commenced.
WHEREAS, Chief of police, Rick Pell submitted evidence as the enforcing officer of said City and there were no property owners present.
NOW THEREFORE, after hearing evidence presented by the enforcing officer and landowner in interest, be it resolved by the Governing Body of the City of Caney, Kansas.
SECTION 1. The Governing Body of the City of Caney, Kansas, finds that the above described property is found to be unsafe or dangerous, and should be repaired or removed, such repair or removal to be commenced within sixty (60) days of the effective date of this resolution, and be completed by April 21, 2009.
Section 2. That if the owner of the above described structure has failed to commence the repair or removal of such structure within the time stated in this resolution or has failed to diligently prosecute the same thereafter, or to complete the same within the time above stated, the City of Caney, Kansas, may proceed to raze and remove such structure, make the premises safe and secure or let the same to contract at the expense of the party in interest.
Section 3. This resolution shall be published once in the Montgomery County Chronicle, the official city newspaper.
Section 4. The City Clerk of the City of Caney, is hereby directed to mail a true and correct certified copy of the within resolution by certified mail within three (3) days after the date of first publication to each owner, agent, lien holder and occupant at the last known place of residence of each, marked “Deliver to Addressee Only” provided, that if the owner is a resident of Montgomery County, Kansas, the resolution shall be personally served within five days on such owner or delivered to their last known address and in this case, at least one week shall elapse between the service on such owner and the date set for the hearing.
PASSED AND APPROVED by the Governing Body of the City of Caney, Kansas, this 16th day of February 2009.
Dale McBride, Mayor
ATTEST: Carole Coker, City Clerk

Musicians with Montgomery County connections will be inducted into the Kansas Musical Hall of Fame on March 7.

Independence native Jim Halsey, a country music manager, will be inducted into the hall. Halsey now lives in Oklahoma and maintains contact with many of his acts, including the Oak Ridge Boys.

Bobby Poe and the Poe-Kats, a rock and roll band that got its start in Coffeyville in the mid-1950s, also will be inducted into the hall. Members of that group include Bobby Poe, Vernon Sandusky, and Big Al Downing.

More details of the hall induction will be printed in the March 5 edition of the Montgomery County Chronicle.

The Feb. 26 edition of the Montgomery County Chronicle is now available at local newsstands. Be sure to buy a copy. Here are a few things you’ll find in that issue . . .

• Ross Williams, the Claremore, Okla., man who is accused of robbing the Bank of America branch in Coffeyville and fatally wounding a bystander on Feb. 17, appears in U.S. District Court in Wichita today. We have a story about the hearing on page 1.

• Speaking of that bank robbery, the Montgomery County Sheriff’s Department will receive an additional 10 high-powered rifles to bolster their arsenal. County commissioners approved the request for additional firepower on Monday. Read about it on page 1.

• This week is Mardi Gras week, which culminates with a day of food and revelry on Fat Tuesday. One Montgomery County man takes Mardi Gras to heart . . . and to the stomach. He’s Jerry Marquette, the chief executive officer of Coffeyville Regional Medical Center and also a true-blue Cajun. For several years, Marquette has donated his culinary talents to Coffeyville Regional Medical Center’s annual Fat Tuesday luncheon. Preparing a luncheon for 1,000 people is a daunting process, taking several days of food preparation. However, Cajuns like Marquette enjoy each savory moment in the kitchen. Look for this feature story on page 1.

• High school basketball will have an exciting week with the start of area sub-state tournaments. Go to page 7 to see where Caney Valley and Cherryvale teams will play when those tournaments start next Monday and Tuesday.

• State wrestling tournaments will be held this weekend, and Caney Valley and Cherryvale schools are sending delegations to the state mats. Look for the story on page 6 to see how will represent the local schools on the state stage.

• Four Montgomery County 4-H youths attended the Citizenship In Action program in Topeka on Feb. 15-17 and got a first-hand look how state government works. You’ll enjoy their story on page 10.

• If you nearly starved and need a heavy meal to hold down your tummy, then you’ll like Doris Coats’ recipe column this week. Pick of the week: Toasted Angel Food Cake Sandwich. Better enroll in a Weight Watchers class after you eat this delicacy!

* * * *

If you do not presently subscribe to the Montgomery County Chronicle, give me a call (620) 879-2156 or (620) 336-2100 to place your subscription order. The local subscription rate (with sales tax) is $32.40 per year. Sounds like a a great deal . . . one that is easy on your wallet during tough times.

* * * *

As always, I’m interested to know about your news tips and story ideas. Drop me a line by e-mail (check for my address below) or call me on my cell phone at (620) 331-9178. Let’s chat! And, if you wish, pass this e-mail along to your e-mail lists (school secretaries: pass this along to your faculty e-mail lists). Let me know of others who might be interested in receiving a weekly preview of the Montgomery County Chronicle.

* * * *

The Feb. 26 edition has more stories of interest to all Montgomery County residents. Be sure to pick up a copy today at the following locations:

Caney: Floyds Town and Country, Gunny Sack Phillips 66, Gunny Sack Shell, Casey’s General Store and the Montgomery County Chronicle.

Cherryvale: Jump Start, Casey’s General Store, Friendly’s Food and Fuel, G&W Foods, Cherryvale Pharmacy, Cherry Hill Express, and the Montgomery County Chronicle

Tyro: J’s Corner Store

Independence: Daylight Doughnuts

Coffeyville: Kabredlo’s Convenience Store