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Home My Public Portal AboutOrd 649 Special AssessmentsGilmore & Bell, P.C. 09/24/2019 (Published in the Ark Valley News on October 3, 2019) ORDINANCE NO. 649 AN ORDINANCE LEVYING SPECIAL ASSESSMENTS ON CERTAIN PROPERTY TO PAY THE COSTS OF INTERNAL IMPROVEMENTS IN THE CITY OF BEL AIRE, KANSAS, AS HERETOFORE AUTHORIZED BY RESOLUTION NOS. R-16-10 R-16-11, R -16-12„R-16-18, R-16-19, R-16-20, R-16- 21, R-16-22, R-16-23, R-16-24, R-16-25, R-16-26, R-17-04, R-16-28, R-16-29, R-16- 32, R-16-33, R-17-07, R-17-08, R-17-09 AND R-16-37; AND PROVIDING FOR THE COLLECTION OF SUCH SPECIAL ASSESSMENTS. WHEREAS, the governing body of the City of Bel Aire, Kansas (the "City") has heretofore authorized certain improvements (the "Improvements") to be constructed pursuant to K.S.A. 12-6a01 et seq. (the "Act"); and WHEREAS, the governing body has heretofore conducted a public hearing in accordance with the Act and desires to levy assessments and benefit fees on certain property benefited by the construction of the Improvements and certain other prior improvements, all pursuant to the Act, K.S.A. 12-6a19 and Article 12, Section 5 of the Kansas Constitution. NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF BEL AIRE, KANSAS: Section 1. Levy of Assessments. For the purpose of paying the costs of the following described Improvements: Project No. 1 — Englert Addition - Water Improvements - Originally Authorized by Resolution No. R-16-10 Construction of a water distribution system. including necessary water mains. pipes, valves, hydrants, meters and appurtenances to serve Lots 1 and 2. Block A. Englert Addition. to the City of Bel Aire. Sedgwick County, Kansas Project No. 2 — Rock Spring Addition Phase 4 - Paving Improvements - Originally Authorized by Resolution No. R-16-11 Construction of pavement on Rock Spring Court from the west line of Rock Spring to and including the cul-de-sac, with drainage to be installed where necessary Project No. 3 — Rock Spring Addition Phase 4 - Water Improvements - Originally Authorized by Resolution No. R-16-12 Construction of a water distribution system, including necessary water mains, pipes, valves, hydrants, meters and appurtenances to serve Lots 6 - 23, Block 5, Rock Spring Addition to the City of Bel Aire, Sedgwick County, Kansas 601000.20159\ASSESS PH II Project No. 4 — Chapel Landing 2nd Addition Phase 2 - Paving Improvements - Originally Authorized by Resolution No. R-16-18 Construct pavement on Central Park Court from the south line of Central Park Ave., south and east to and including the cul-de-sac, with drainage to be installed where necessary Project No. 5 — Chapel Landing 2nd Addition Phase 2— Sanitary Sewer Improvements - Originally Authorized by Resolution No. R-16-19 Construction of a lateral sanitary sewer to serve Lots 1 through 18, Block A, Chapel Landing 2nd Addition to the City of Bel Aire, Kansas Project No. 6 — Chapel Landing 2nd Addition Phase 2 — Water Improvements Originally Authorized by Resolution No. R-16-20 Construction of a water distribution system, including necessary water mains, pipes, valves, hydrants, meters and appurtenances to serve Lots 1 through 18, Block A, Chapel Landing 2nd Addition to the City of Bel Aire, Kansas Project No. 7 — Deer Run Addition Phase 1 - Paving Improvements - Originally Authorized by Resolution No. R-16-21 Construction of pavement on Deer Run St., from the east line of Rock Road east to the east line of Rock Spring; on Dublin St. and Summerside Pl. from the south line of Deer Run St. south and east to the east line of Lot 5, Block C; on Lycee St. from the north line of Summerside Pl. to the south line of Deer Run St.; on Tara Ln. from the south line of Lot 10, Block C to the south line of Deer Run St.; and on Rock Spring from the north line of Deer Run St., north to the north line of the plat. Construction of a decel lane on the east side of Rock Road to serve Deer Run St. including additional Rock Road asphalt pavement repairs, and construction of two concrete driveway approaches to serve the unplatted parcel north of Deer Run St. between Rock Rd. and Reserve "C" Sidewalk to be constructed the south side of Deer Run St., from the east line of Rock Road east to the east line of Reserve "B", and on the east side of Rock Spring, from the south line of Reserve "D" to the North line of the plat Project No. 8 — Deer Run Addition Phase 1 - Sewer Improvements - Originally Authorized by Resolution No. R-16-22 Construction of a lateral sanitary sewer to serve Lots 1 through 14, Block A, Lots 1 through 9, Block B, Lots 1 through 10, Block C, Lots 1 through 8, Block D, and Lots 1 through 13, Block E, Deer Run Addition to the City of Bel Aire, Kansas Project No. 9 — Deer Run Addition Phase 1 — Sidewalk Improvements - Originally Authorized by Resolution No. R-16-23 Construction of four foot wide concrete sidewalks on the south side of Deer Run St., from the east line of Reserve "B" east to the west line of Rock Spring; on the east side of Tara Ln. from the south line of Lot 601000.20159ASSESS PH II 2 13, Block E to the south line of Deer Run St.; and on the east side of Rock Spring from the north line of Deer Run St., north to the north line of the plat Project No. 10 - Deer Run Addition Phase 1 - Storm Water Improvements - Originally Authorized by Resolution No. R-16-24 Construct storm water drain improvements including combined curb and gutter for Phase I streets to serve Lots 1 through 45, Block A; Lots 1 through 9, Block B; Lots 1 through 10, Block C; Lots 1 through 8, Block D; Lots 1 through 13, Block E; Lots 1 through 25, Block F; Lots 1 through 6, Block G; Lots 1 through 15, Block H; and Lots 1 through 8, Block I, Deer Run Addition, to the City of Bel Aire, Sedgwick County, Kansas Project No. 11 - Deer Run Addition Phase 1 - Water Improvements - Originally Authorized by Resolution No. R-16-25, as amended Construction of a water distribution system, including necessary water mains, pipes, valves, hydrants, meters and appurtenances to serve Lots 1 through 11, Block A, Lots 1 through 9, Block B, Lots 1 through 5, Block C, Lot 10, Block C, Lots 1 through 8, Block D, and Lots 8 through 13, Block E, Deer Run Addition, to the City of Bel Aire, Sedgwick County, Kansas Project No. 12 - Rock Spring 2"`' Addition - Paving Improvements - Originally Authorized by Resolution No. R-16-26, as amended Construction of pavement on Chris from the south line of Lot 14, Block 1, Rock Spring 2nd Addition to the centerline of Cypress; Chris Court from the north line of Chris to and including the cul-de-sac; and Cypress from the south line of Lot 3, Block 3, Rock Spring 2nd Addition to the north line of Rock Spring 2nd Addition Project No. 13 -- Rock Spring 2"d Addition - Water Improvements - Originally Authorized by Resolution No. R-16-27, as repealed by Resolution No. R-17-04 Construction of a water distribution system, including necessary water mains, pipes, valves, hydrants, meters and appurtenances to serve Lots 14 through 17, Block 1; Lots 3 through 9, Block 3 and Lots 1 through 13, Block 4, Rock Spring 2' Addition, to the City of Bel Aire, Sedgwick County, Kansas Project No. 14 -- Rock Spring 2" Addition - Sidewalk Improvements - Originally Authorized by Resolution No. R-16-28, as amended Construction of a 5' wide sidewalk on the east side of Chris from the south line of Lot 14, Block 1, Rock Spring 2nd Addition to the west line of Cypress; a 5' wide sidewalk on the east side of Cypress from the south line of Lot 3, Block 3, Rock Spring 2nd Addition to the north line of Rock Spring 2nd Addition, according to plans and specifications to be furnished by the City Engineer of the City of Bel Aire, Kansas Project No. 15 -- Rock Spring 2" Addition - Sewer Improvements - Originally Authorized by Resolution No. R-16-29, as amended Construction of a lateral sanitary sewer to serve Lots 1 through 19, Block 1, and Lot 21, Block 2, Rock Spring Addition, to the City of Bel Aire, Sedgwick County, Kansas; Lots 14 through 17, Block 1; Lots 3 through 9, Block 3 and Lots 1 through 13, Block 4, Rock Spring 2nd Addition, to the City of Bel Aire, Sedgwick County, Kansas 601000.20159\ASSESS PH II 3 Project No. 16 -- 53' Street - Paving Improvements - Originally Authorized by Resolution No. R- 16-32, as amended Construction of pavement on 53rd Street North from the east line of Rock Spring Street to the west line of Webb Road Project No. 17 -- 531(1 Street - Water Improvements - Originally Authorized by Resolution No. R-16- 33, as amended Construction of a 16" water main, including necessary water mains, pipes, valves, hydrants, meters and appurtenances Project No. 18 -- Courtyards at Elk Creek Addition Phase 3 - Water Improvements - Originally Authorized by Resolution No. R-16-34, as repealed by Resolution No. R-17-09 Construction of a water distribution system, including necessary water mains, pipes, valves, hydrants, meters and appurtenances to serve Lots 15 through 32, Block 1; Lots 1 through 11, Block 2; Lots 27 through 35, Block 3; Lot 36, Block 3 TOGETHER WITH, the south 12.00 feet of Lot 37, said Block 3; Lot 37, Block 3, EXCEPT the south 12.00 feet thereof, TOGETHER WITH, the south 22.00 feet of Lot 38, said Block 3; Lot 39, Block 3, EXCEPT the north 16.00 feet thereof, TOGETHER WITH, Lot 38, said Block 3, EXCEPT the south 22.00 feet thereof; and Lot 40, Block 3, TOGETHER WITH, the north 16.00 feet of Lot 39, said Block 3, Courtyards at Elk Creek Addition, to the City of Bel Aire, Sedgwick County, Kansas Project No. 19 -- Courtyards at Elk Creek Addition Phase 3 - Sewer Improvements - Originally Authorized by Resolution No. R-16-35, as repealed by Resolution No. R-17-08 Construction of a lateral sanitary sewer to serve Lots 15 through 32, Block 1; Lots 1 through 11, Block 2; Lots 27 through 35, Block 3; Lot 36, Block 3 TOGETHER WITH, the south 12.00 feet of Lot 37, said Block 3; Lot 37, Block 3, EXCEPT the south 12.00 feet thereof, TOGETHER WITH, the south 22.00 feet of Lot 38, said Block 3; Lot 39, Block 3, EXCEPT the north 16.00 feet thereof, TOGETHER WITH, Lot 38, said Block 3, EXCEPT the south 22.00 feet thereof; and Lot 40, Block 3, TOGETHER WITH, the north 16.00 feet of Lot 39, said Block 3, Courtyards at Elk Creek Addition, to the City of Bel Aire, Sedgwick County, Kansas Project No. 20 -- Courtyards at Elk Creek Addition Phase 3 - Paving Improvements - Originally Authorized by Resolution No. R-16-36, as repealed by Resolution No. R-17-07 Pavement on Prestwick Avenue from the southeast corner of Lot 27, Block 3 to the northwest corner of Lot 11, Block 2; Paving Prestwick Lane from the southwest corner Lot 24, Block 1 to a point approximately 253 feet south serving Lots 25 through 28, Block 1; Paving on Turquoise Trail from the east edge of Prestwick Avenue to the southeast corner of Lot 1, Block 2; and Paving Indian Oak Street from the south edge of Turquoise Trail to the northeast corner of Lot 21, Block 1; Paving on Prestwick Court serving Elk Creek Addition, Lot 15, Block 8 Project No. 21 -- Sunflower Commerce Park 2" Addition Phase 2 - Drainage Improvements - Originally Authorized by Resolution No. R-16-37, as amended Construction of storm water drain improvements including drainage transition structures, ditches and a pond to serve Lots 2 and 3, Block A; Sunflower Commerce Park 2nd Addition, to the City of Bel Aire, Sedgwick County, Kansas 601000.20159\ASSESS PI{ II 4 there are hereby levied and assessed the amounts (with such clerical or administrative amendments thereto as may be approved by the City Attorney) against the property described on Exhibit A attached hereto. Section 2. Payment of Assessments. The amounts so levied and assessed in Section 1 of this Ordinance shall be due and payable from and after the date of publication of this Ordinance. Such amounts may be paid in whole or in part within fifteen (15) days from the date of this Ordinance. Section 3. Notification. The City Clerk shall notify the owners of the properties described in Exhibit A attached hereto insofar as known to said City Clerk, of the amounts of their respective assessments; and, said notice shall further state that unless such assessments are paid within fifteen (15) days from the date of this Ordinance, bonds will be issued therefor, and the amount of such assessment will be collected in installments with interest. Section 4. Certification. Any amount of special assessments not paid within the time prescribed in Section 2 hereof shall be certified by the City Clerk to the Clerk of Sedgwick County, Kansas, in the same manner and at the same time as other taxes are certified and will be collected in twenty (20) annual installments, together with interest on such amounts at a rate not exceeding the maximum rate therefor as prescribed by the Act. Interest on the assessed amount remaining unpaid between the effective date of this Ordinance and the date the first installment is payable, but not less than the amount of interest due during the coming year on any outstanding bonds issued to finance the Improvements, shall be added to the first installment. The interest for one year on all unpaid installments shall be added to each subsequent installment until paid. Section 5. Effective Date. This Ordinance shall take effect and be in force from and after its passage, approval and publication once in the official City newspaper. [BALANCE OF THIS PAGE INTENTIONALLY LEFT BLANK] 601000.20159\ASSESS PH II 5 PASSED by the governing body of the City of Bel Aire, Kansas, on October 1, 2019, and signed and APPROVED by the Mayor. (SEAL) ATTEST: City Clerk CERTIFICATE I hereby certify that the foregoing is a true and correct copy of the original ordinance; that said Ordinance was passed on October 1, 2019; that the record of the final vote on its passage is found on page of journal ; and that the Ordinance or a summary thereof was published in the Ark Valley News on October 3, 2019. DATED: October 1, 2019. 601000.20159\ASSESS PH I1 City Clerk (Signature page to Ordinance)