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HomeMy Public PortalAboutOrd 658 Special Assessments(Published in the Ark Valley News on October 1, 2020) ORDINANCE NO. 658 Gilmore & Bell, P.C. 0912212020 AN ORDINANCE LEVYING SPECIAL ASSESSMENTS, INCLUDING BENEFIT FEES, ON CERTAIN PROPERTY TO PAY THE COSTS OF INTERNAL IMPROVEMENTS IN THE CITY OF BEL AIRE, KANSAS, AS HERETOFORE AUTHORIZED BY RESOLUTION NOS. R-17-21, R-17-22, R-17-23, R-17-24, R- 17-25, R-17-26, R-17-27, AND R-17-28; AND PROVIDING FOR THE COLLECTION OF SUCH SPECIAL ASSESSMENTS AND BENEFIT FEES. 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. 12-6al9 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 -Rock Spring Addition Phase 5 -Paving Improvements Originally Authorized by Resolution No. R-17-21 Construction of pavement on CHRIS from the east line of Rock Spring to the east line Mica, MICA from the south line of Rock Spring Addition to the east line of Lot 6, Block 2, Rock Spring Addition; MICA COURT from the northwest line of MICA to and including the cul-de-sac. Project No. 2 -Rock Spring Addition Phase 5-Sanitary Sewer Improvements Originally Authorized by Resolution No. R-17-22 Construction of a lateral sanitary sewer to serve Lots I through 11, Block 2, and Lots l through 7, Block4, Rock Spring Addition, according to plans and specifications to be furnished by the City Engineer of the City of Bel Aire, Kansas. Project No. 3 -Rock Spring Addition Phase 5 -Sidewalk Improvements Originally Authorized by Resolution No. R-17-23 601000.20169\ASSESS PH II Construction of a 5' wide sidewalk on the south side of Chris from the east line Rock Sp ring to the east line of Mica; a 5' wide sidewalk on the west side of Mica from the south line Rock Spring Addition to the east line of Lot 6, Block 2 of Rock Spring Addition according to plans and specifications to be furnished by the City Engineer of the City of Bel Aire, Kansas. Project No.4 -Rock Spring Addition Phase 5 -Water Improvements Originally Authorized by Resolution No. R-17-24 Con truction of a water distribution system, in cluding necessary water mains, pipes, valves, hydrants, meters and appurtenances to serve Lots 12 Block l; Lots 6 through 21, Block 2; and Lots l through 7, Block 4; Rock Spring Addition, to the City of Bel Aire, Kansas Project No. 5 -Rock Spring 2nd Addition Phase 2 -Paving Improvements Originally Authorized by Resolution No. R-17-25 Construction of pavement on CHRIS from the west line of Rock Spring 2"d Addition to the south line of Lot 14, Block l, Rock Spring 2nd Addition, CHRIS from the west line of Cypress to the east I ine of Rock Spring 2nd Addition; CHRIS COURT from the south line of Chris to and including the cul-de-sac· CYPRESS from the south line of Lot 3, Block 3, Rock Spring 2nd Addition to the centerline of Chris· and CYPRESS CIRCLE from the centerline of Chris to and including the cul-de-sac. Project No.6 -Rock Spring 2nd Addition Phase 2 -Sanitary Sewer Improvements Originally Authorized by Resolution No. R-17-26 Construction of a lateral sanitary sewer to serve Lots 1 through 13 Block 1 · Lots 18 through 25, Block l; Lots l through 5, Block 2· and Lots 1 through 2, Block 3; Rock Spring 2"d Addition according to plans and specifications to be furnished by the City Engineer of the City of Bel Aire Kansas. Project No. 7 -Rock Spring 2nd Addition Phase 2 -Sidewalk Improvements Originally Authorized by Resolution No. R-17-27 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 the Add it ion · 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 south line of Rock Spring 2nd Addition; a 5' sidewalk on the north side of Chris from the west line of Cypress to the east line of the addition according to plans and specifications to be furnished by the City Engineer of the City of Bel Aire, Kansas. Project No. 8 -Rock Spring 2nd Addition Phase 2-Water Improvements Originally Authorized by Resolution No. R-17-28 Construction of a water distribution system, including necessary water mains, pipes, valves, hydrants, meters and apptutenances to serve Lots 1 through 13, Block 1; Lots 18 through 25 , Block l; Lots l through 5, Block 2· and Lots 1 through 2, Block 3; Rock Spring 2nd Addition to the City of Bel Aire, Kansas 601000.20169\ASSESS PH II 2 there are hereby levied and assessed the amounts, including benefit fees (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 benefit fees; 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 or benefit fees 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] 601000.20169\ASSESS PH II 3 (SE CERTIFICATE I hereby certify that the foregoing is a true and correct copy of the original ordinance; that said Ordinance was passed on September 29, 2020· 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 1, 2020. DATED: September 29, 2020. City Clerk 601000.20169\ASSESS PH II (Signature page to Ordinance)