Manhattan-Ogden USD 383 Manhattan, Kansas

Transcription

1 Manhattan-Ogden USD 383 Manhattan, Kansas The mission of the Manhattan-Ogden School District is to educate each student to be a contributing citizen in a changing, diverse society. Board of Education Meeting Agenda October 5, 2016 Robinson Education Center Kirmser Conference Room 2031 Poyntz Avenue ADDITIONAL MEETING INFORMATION INDEX ITEM PAGE 7.0 Reports 7.1 Spoken September 20 Enrollment Report Old Business 8.1 Option to Purchase Real Estate Report 5 Option to Purchase Real Estate 6 Memorandum of Option to Purchase Real Estate 13 Authorization of Property Owner New Business 9.1 Legislative Policies & Positions Chamber of Commerce KASB Legislative Committee Recommendations 24 1

2 ITEM Manhattan Ogden USD 383 Head Count Tuesday, September 20, 2016 Count for K-12 without Virtual, Adult, or Preschool K GR1 GR2 GR3 GR4 GR5 GR6 NG GR7 GR8 GR9 GR10GR11GR12 School Sum AA BL BE LE MA NV OG TR WW AMS EMS MHS Grade Sum Grand Total Sept. 20, 2016 Elem 3473 Mid 852 HS September 21, 2015 Count K GR1 GR2 GR3 GR4 GR5 GR6 NG GR7 GR8 GR9 GR10GR11GR12 School Sum K-12 AA BL BE LE MA NV OG TR WW AMS EMS MHS Grade Sum Grand Total September 21, 2015 Elem 3447 Mid 877 HS

3 Pre-School P3 P4 P5 R4 PAT Total P3 P4 P5 R4 PAT Total Headstart CHPS Amanda Arnold Ogden Theodore Roosevelt Other PreK Subtotal PAT Total PreK Alternative Areas 2015 Alternative areas 2016 NG Total NG Total Open Door Open Door MVA MVA Job Corps Job Corps Total 386 Total 326 Weightings Weightings 2016 Spring Audit Audited FTE Sept. 20 Count Est. FTE CTE Hours ESOL At-Risk Transportation Total

4 Audited Headcount Spring 2016 Sept. 20, 2016 Count Grade Head Count (With Virtual) Head Count Virtual Shared Virtual Military Connected KG st nd rd th th th th th th th th th NG K & , 10, 11, Total K Headcount w/virtual 6202 Historical Comparisons Other/Alt Pre-K K & K Total

5 ITEM 8.1 Date: October 5, 2016 To: Board of Education From: Superintendent Marvin Wade Re: Option to Purchase Real Estate Prepared by: Eric Reid, Assistant Superintendent Background Information: When MATC became independent from USD 383, the district deeded property to MATC with a reversionary agreement that the property would return to USD 383 should the property no longer be used for educational purposes. Last spring, MATC was approached by Westar with an interest to purchase property owned by MATC. Because USD 383 holds a reversionary interest in the property, district administration was included in initial discussions. The reversion agreement makes USD 383 a secondary party in this legal transaction between MATC and Westar. Current Considerations: Legal representation for all parties recommend the USD 383 Board of Education approve three documents that set up the option for Westar to purchase the property from MATC. These documents include the Authorization of Property Owner, Memorandum of Option to Purchase Real Estate, and Option to Purchase Real Estate. This action would commit the district to approval of the sale at the discretion of Westar. Westar would be able to cancel the agreement if further steps with city, permits, and zoning are not worked out. District Goal: 14. Partnerships will be maintained and expanded with the broader communities. Board of Education Policy: KK Sale of District Property Financial Implications: None Recommendation: The administration respectfully recommends that final approval (A 2 ) be given for granting the approval for Authorization of Property Owner, Memorandum of Option to Purchase Real Estate, and Option to Purchase Real Estate agreement between MATC/USD 383 and Westar Energy, Inc. Recommended Motion: "I move to give final approval for granting the approval for Authorization of Property Owner, Memorandum of Option to Purchase Real Estate, and Option to Purchase Real Estate agreement between MATC/USD 383 and Westar Energy, Inc. 5

6 OPTION TO PURCHASE REAL ESTATE THIS AGREEMENT made and entered into this day of, 20, by and between Manhattan Area Technical College, as the owner, with an address of 3136 Dickens Avenue, Manhattan KS and Unified School District No. 383, as the reversionary interest holder, with an address of 2031 Poyntz Avenue, Manhattan KS of Riley County, in the State of Kansas, hereinafter referred to together as SELLER, and WESTAR ENERGY, INC., a Kansas corporation, with an address of 818 S. Kansas Ave., Topeka, KS 66612, hereinafter called BUYER. WITNESSETH: That in consideration of the sum of $ 70, and other valuable consideration, receipt of which is hereby acknowledged, SELLER agrees to give and hereby does give to BUYER the exclusive option to purchase the following described real estate, situated in Riley County, State of Kansas to wit: A tract of land in the Southwest Quarter of the Northeast Quarter of Section 11, Township 10, Range 7 of the 6 th P.M., Riley County, Kansas, depicted on Exhibit A attached hereto and made part of this instrument by reference, containing approximately 3.29 acres upon the terms and conditions herein specified for a period of 12 months from the date cited below BUYER's executing signature on this option agreement. In addition, SELLER agrees to grant BUYER permanent easements as depicted on Exhibit A for access, drainage and utility lines. A survey will be provided to Seller prior to closing with the final legal description of said real estate. The full purchase price for said real estate shall be $ 700, and two (2) bucket trucks, plus non-monetary consideration as described in Exhibit B attached hereto and made part of this instrument by reference. The amount stated above as payment for this option shall be applied to the purchase price, the balance to be paid in the manner as herein specified. During the pendency of this option, SELLER shall cooperate with BUYER in obtaining all permits and/or zoning changes necessary for compliance with BUYER's intended use of said real estate. SELLER shall also allow BUYER the right to survey, conduct soil tests and perform environmental surveys upon said real estate. Any physical damages resulting from said survey, 014-OPT-1 Page 1 of 5 Line# , Project # MATC 6

7 soil tests and environmental surveys shall be repaired or paid for by BUYER in the event that this option is terminated or expires and the transfer of title is not completed. The option to purchase may be exercised by BUYER at any time prior to the expiration of the option period, by giving notice to SELLER in writing, delivered personally, by registered or certified mail or via overnight delivery service, addressed to SELLER at the address herein specified. Within ten (10) days after the delivery of said notice, SELLER shall furnish and deliver to BUYER a Commitment for Title Insurance for the purchase amount stated herein and certified to date. BUYER shall have a reasonable time thereafter to make written objections to the Commitment. If SELLER does not cure BUYER S title objections, then at the option of BUYER, this option may be terminated. In the event the BUYER has not completed the acquisition of the appropriate zoning and/or permits, within the original _12 month option period, at BUYER s election SELLER agrees to extend this Option to Purchase Real Estate for an additional 6 month period. Written notice of BUYER s election will be made to SELLER 10 days prior to the expiration of the original option period. In such event, an additional option payment of $ 0.00 will be made by BUYER to SELLER, and shall be applied to the purchase price. This option shall expire in the event BUYER fails to exercise its option to purchase within the above specified time or if appropriate zoning and/or permits cannot be obtained for the intended use of BUYER If BUYER S title objections are cured and upon all necessary permits being secured, BUYER shall notify SELLER of this fact and within ten (10) days thereof, SELLER shall execute and deliver to BUYER a warranty deed on said real estate simultaneous with BUYER's payment to SELLER of the balance of the purchase price. SELLER shall provide a policy of title insurance showing title vested in BUYER within a reasonable time after the closing. BUYER to pay all closing costs. BUYER will pay the costs of recording the deed. SELLER will pay the costs of recording any documents necessary to cure BUYER S title objections. Real estate taxes shall be paid by SELLER for all years prior to and for subsequent years prorated to the date of closing and possession, which shall be simultaneous. In compliance with Kansas law, SELLER hereby discloses to BUYER that to the best of SELLER S knowledge, the real estate is not subject to special assessments and is not located in an improvement district. SELLER hereby agrees and warrants that they will not grant any rights in and to the subject property during the term of the option granted herein, including without limitation the granting of easements, rights-of-way, fee interests, mortgages, or liens. 014-OPT-1 Page 2 of 5 Line# , Project # MATC 7

8 SELLER shall, at BUYER s request, execute and deliver to BUYER a Memorandum of Option to Purchase Real Estate describing the subject property and the term of the option granted hereunder. This option shall extend to and be binding upon the heirs, executors, administrators, successors and assigns of the undersigned. This option contains the entire agreement of the parties. No modification, waiver, or amendment of this option will be effective unless made in writing and signed by the parties. Hand signatures transmitted by electronic mail (such as PDF) are permitted as binding signatures to this option. Signatures may be signed in counterpart, on separate pages, and then assembled as the complete agreement of the parties. (SELLER) Manhattan Area Technical College (BUYER) WESTAR ENERGY, INC. By: By: Name: Jim Genandt Name: Title: President Title: Date: Date: Unified School District No. 383 By: Name: Marcia Rozell Title: President Date: 014-OPT-1 Page 3 of 5 Line# , Project # MATC 8

9 EXHIBIT A 014-OPT-1 Page 4 of 5 Line# , Project # MATC 9

10 EXHIBIT B 10

11 11

12 12

13 MEMORANDUM OF OPTION TO PURCHASE REAL ESTATE THIS MEMORANDUM OF OPTION TO PURCHASE REAL ESTATE is made and entered into this day of, 20, by and between Manhattan Area Technical College and Unified School District No. 383 with an address of 3136 Dickens Avenue, Manhattan KS and 2031 Poyntz Avenue, Manhattan KS of Riley County, in the State of Kansas, (hereinafter collectively referred to as Seller ), and WESTAR ENERGY, INC., a Kansas corporation, with an address of 818 S. Kansas Ave., Topeka, KS 66612, (hereinafter Buyer ). In consideration of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by Seller, Seller has granted to Buyer, and hereby grants to Buyer, the exclusive option to purchase the following-described real property located in Riley County, Kansas: A tract of land in the Southwest Quarter of the Northeast Quarter of Section 11, Township 10, Range 7 of the 6 th P.M., Riley County, Kansas, being more particularly described as follows: See Exhibit A attached hereto and made part of this instrument by reference; for a term of 12 months from the date hereof. The parties have executed a separate Option to Purchase Real Estate of even date herewith (the Option Agreement ), and the terms, conditions and covenants of the Option Agreement are incorporated herein by reference as though fully set forth herein. At Buyer s election, the option period granted in the Option Agreement and this Memorandum may be extended for an additional _6 months, on the terms set forth in the Option Agreement. Memorandum of Option to Purchase Real Estate Page 1 of 5 Line#115.47, Project#15-102, 13 MTAC

14 The Option Agreement includes a covenant by Seller that they will not grant any interests in the above-described property to third parties during the term of Buyer s option, including without limitation the granting of easements, rights-of-way, fee interests, mortgages, or liens. This Memorandum of Option to Purchase Real Estate has been executed by the parties and recorded for the purposes of placing all parties on notice of Buyer s rights under the Option Agreement. IN WITNESS WHEREOF, the parties hereto have executed and delivered this Memorandum of Option to Purchase Real Estate as of the date first written above. [signatures on following page] Memorandum of Option to Purchase Real Estate Page 2 of 5 Line#115.47, Project#15-102, 14 MTAC

15 (SELLER) Manhattan Area Technical College (BUYER) WESTAR ENERGY, INC. By: By: _ Name: Jim Genandt Name: Title: President Title: Date: Date: Unified School District No. 383 By: Name: Marcia Rozell Title: President Date: STATE OF ) ) SS: COUNTY OF ) ACKNOWLEDGMENTS The foregoing instrument was acknowledged before me this, 20 by Jim Genandt, as the President of Manhattan Area Technical College. My appointment expires: Notary Public Memorandum of Option to Purchase Real Estate Page 3 of 5 Line#115.47, Project#15-102, 15 MTAC

16 STATE OF ) ) SS: COUNTY OF ) The foregoing instrument was acknowledged before me this, 20 by Marcia Rozell, as the President of Unified School District 383. My appointment expires: Notary Public CORPORATE ACKNOWLEDGMENT STATE OF KANSAS ) ) SS: COUNTY OF SHAWNEE ) BE IT REMEMBERED, that on this day of,, before me, a Notary Public in and for said State, came David Benak, Director, T&S Construction Services of Westar Energy, Inc., to me personally known to be the same person who executed the foregoing instrument and duly acknowledged the execution of the same for and on behalf of, and as the act and deed of, said corporation. IN WITNESS WHEREOF, I have subscribed my name and affixed my official seal the day and year last above written. My Appointment Expires: Signature Notary Public Print name Notary Public Memorandum of Option to Purchase Real Estate Page 4 of 5 Line#115.47, Project#15-102, 16 MTAC

17 EXHIBIT A Memorandum of Option to Purchase Real Estate Page 5 of 5 Line#115.47, Project#15-102, 17 MTAC

18 AUTHORIZATION OF PROPERTY OWNER The undersigned, _ Manhattan Area Technical College, being the owner of, AND UNIFIED SCHOOL DISTRICT NO. 383, having a reversionary interest in, a certain tract of land described as follows: A tract of land in the Southwest Quarter of the Northeast Quarter of Section 11, Township 10, Range 7 of the 6 th P.M., Riley County, Kansas, being more particularly described as follows: See Exhibit A attached hereto and made part of this instrument by reference; have entered into an Option to Purchase Real Estate for said property with WESTAR ENERGY, INC., as Buyer. In connection with said Option to Purchase Real Estate, the Owner and reversionary interest holder hereby authorize Westar Energy, Inc., to act on their behalf in obtaining all permits and/or zoning changes necessary for compliance with Buyer's intended use of the property. [Remainder of page intentionally blank, signature pages follow.] 014-OPT-1 Page 1 of 5 Line# , Project # MATC 18

19 Manhattan Area Technical College WESTAR ENERGY, INC. By: By: Name: Jim Genandt Name: David Benak Title: President Title: Director, T&S Construction Services Date: Date: Unified School District No. 383 By: Name: Marcia Rozell Title: President Date: 014-OPT-1 Page 2 of 5 Line# , Project # MATC 19

20 ACKNOWLEDGMENT STATE OF ) ) SS: COUNTY OF ) The foregoing instrument was acknowledged before me this, 20 by Jim Genandt, as the President of Manhattan Area Technical College. My appointment expires: Notary Public STATE OF ) ) SS: COUNTY OF ) The foregoing instrument was acknowledged before me this, 20 by Marcia Rozell, as the President of Unified School District 383. My appointment expires: Notary Public 014-OPT-1 Page 3 of 5 Line# , Project # MATC 20

21 CORPORATE ACKNOWLEDGMENT STATE OF KANSAS ) ) SS: COUNTY OF SHAWNEE ) BE IT REMEMBERED, that on this day of,, before me, a Notary Public in and for said State, came David Benak, Director, T&S Construction Services of Westar Energy, Inc., to me personally known to be the same person who executed the foregoing instrument and duly acknowledged the execution of the same for and on behalf of, and as the act and deed of, said corporation. IN WITNESS WHEREOF, I have subscribed my name and affixed my official seal the day and year last above written. My Appointment Expires: Notary Public Signature Print name 014-OPT-1 Page 4 of 5 Line# , Project # MATC 21

22 EXHIBIT A 014-OPT-1 Page 5 of 5 Line# , Project # MATC 22

23 ITEM 9.1 Guiding Principles Maintaining a high-quality public education system is vital to economic development, business recruitment, quality of life, and the economic future of Kansas. The city of Manhattan in particular is committed to, and reliant upon, quality educational opportunities for all students. The Chamber supports the state providing funding for a high-quality public education system, from pre-k to postsecondary levels, using a balance of tax sources. Those tax sources should not be skewed toward property taxes to the extent that a disproportionate burden is supported by non-exempt residential and business property. Annual funding adjustments from all tax sources for inflation, enrollment fluctuations, and additional mandates placed upon public schools should be a part of the finance plan. Additionally, the State should support, as a vital part of a vibrant Kansas economy, a public education system that uses collaboratively local and state resources to provide a quality of education viewed among the best in our country. The Kansas public education system should be equitable and adequately provide for each student to be contributing citizen in a changing and diversifying economy. Higher education is of unique importance to Manhattan and the surrounding communities which are home to several institutions of higher learning. The long term vitality of these institutions is important for this area. These institutions help provide research and economic development opportunities, arts and entertainment options, athletics, and visitors to the area. In addition, providing employment opportunities for graduates of these institutions is also essential to the future workforce for local businesses. Action Item #1 Higher Ed The legislature needs to heed the funding requests of the Kansas Board of Regents. Action Item #2 K 12 funding The governor and the legislature must work with all concerned parties to develop a new funding formula which is economically sustainable, politically sustainable and meets the standards set forth by the Kansas Supreme Court. The formula must contain mechanisms which account for the increasing costs schools face, increasing enrolments, plus the increasing demands and expectations placed upon public education by our society. Of particular importance is a mechanism in the formula which helps those districts serving military installations respond to the changing enrolments at those installations, as well as the expectations of the Pentagon. 23

24 ITEM

25 25

26 26

27 27

28 28

29 29

30 30

31 31

32 32

33 33

34 34

35 35

36 36

37 37

38 38