HomeMy Public PortalAboutOrd 700 Codification of Ordinances(Published in the Ark Valley News on February 9, 2023)
ORDINANCE NO. 700
AN ORDINANCE ADOPTING THE CODIFICATION OF
ORDINANCES OF THE CITY OF BEL AI E, KANSAS,
PROVIDING FOR THE REPEAL OF CERTAIN OTHER
ORDINANCES NOT INCLUDED THEREIN, EXCEPTING
CERTAIN ORDINANCES FROM REPEAL AND SAVING
CERTAIN ACCRUED RIGHTS AND LIABILITIES.
BE IT ORDAINED by the Governing Body of the City of Bel Aire, Kansas:
Section 1. Adoption of the Code of the City of Bel Aire, Kansas.
The codification of ordinances of the City of Bel Aire, Kansas, prepared by Citycode Financial
LLC, Wichita, Kansas, as set out in the following chapters, Chapters 1 to 19 and Appendices A
and B, all inclusive, and entitled the "Code of the City of Bel Aire, Kansas," is hereby authorized,
adopted and ordained as the "Code of the City of Bel Aire, Kansas." The Code is authorized by
ordinance and was made in conformity with K.S.A. 12-3014 and 12-3015 and amendments thereto.
Said code shall be duly certified by the City Clerk. One copy of the code shall be filed in the office
of the City Clerk and shall be designated as and shall constitute the official ordinance book. Three
additional copies shall be filed in the office of the city clerk and shall be designated for use by the
public.
Section 2. Repeal of general ordinances.
All ordinances and parts of ordinances of a general nature passed prior to February 7, 2023
are hereby repealed as of the date of publication of said code except as hereinafter provided.
Section 3. Same; excepting certain ordinances from repeal.
In construing this ordinance, the following ordinances shall not be considered or held to be
ordinances of a general nature:
(a) Ordinances pertaining to the acquisition of property or interests in property by gift,
purchase, devise, bequest, appropriation or condemnation;
(b) Ordinances opening, dedicating, widening, vacating or narrowing streets, avenues, alleys
and boulevards;
(c) Ordinances establishing and changing grades of streets, avenues, alleys and boulevards;
(d) Ordinances naming or changing the names of streets, avenues and boulevards;
(e) Ordinances authorizing or directing public improvements to be made;
(f) Ordinances creating districts for public improvements of whatsoever kind or nature;
(g) Ordinances levying general taxes;
(h) Ordinances levying special assessments or taxes;
(i) Ordinances granting any rights, privileges, easements or franchises therein mentioned to
any person, firm or corporation;
(j) Ordinances authorizing the issuance of bonds and other instruments of indebtedness by
the city;
(k) Ordinances authorizing contracts;
(1) Ordinances establishing the limits of the city or pertaining to annexation or exclusion of
territory;
(m) Ordinances relating to compensation of officials, officers and employees of the city;
(n) All charter ordinances;
(o) Any appropriation ordinance or ordinances relating to a specific transfer of funds;
(p) Any zoning ordinance or ordinances changing the zoning classification of any property
within the city or amending the city's zoning map;
(q) Ordinances of a temporary nature;
(r) Any ordinance which is special, although permanent in effect;
(s) Any ordinance, the purpose of which has not been accomplished.
Provided, that the above enumeration of exceptions shall not be held or deemed to be
exclusive, it being the purpose and intention to exempt from repeal any and all ordinances not of
a general nature and general ordinances specifically excepted by this section. Ordinances which
are not of a general nature shall be numbered consecutively, approved by the governing body,
published, and filed with the city clerk, but such ordinances shall not be prepared for insertion in
this code, nor be deemed a part hereof.
Section 4. Arrangement of and notations throughout the code.
The arrangement and classification of the several chapters, articles, and sections of the code
adopted by section 1 of this ordinance and the headnotes and footnotes at the ends of the sections,
are made for the purpose of convenience and orderly arrangement, and do not constitute a part of
the ordinances, and therefore, no implication or presumption of legislative intent or construction
is to be drawn therefrom.
Section 5. Accrued rights and liabilities.
The repeal of ordinances as provided in section 2 hereof, shall not affect any rights acquired,
fines, penalties, forfeitures or liabilities incurred thereunder, or actions involving any of the
provisions of said ordinances or parts thereof. Said ordinances above repealed are hereby
continued in force and effect after the passage, approval and publication of this ordinance for the
purpose of such rights, fines, penalties, forfeitures, liabilities and actions therefor.
Section 6. Severability.
If for any reason any chapter, article, section, subsection, sentence, portion or part of the "Code
of the City of Bel Aire, Kansas," or the application thereof to any person or circumstances is
declared to be unconstitutional or invalid, such decision will not affect the validity of the remaining
portions of this code.
Section 7. Effective date.
This ordinance shall be published in the official city newspaper and shall take effect and be in
force from and after the publication of the "Code of the City of Bel Aire, Kansas" as provided in
K.S.A. 12-3015.
ADOPTED AND PASSED by the governing body of the City on February 7, 2023 and
APPROVED AND SIGNED by the Mayor.
ATTEST:
cT— '�`.— CITY OFF
THE FUTURE '
\\,1., WITH RESPECT FOR
4.. ITS PAST
MELISSA KREHBIEL, City Clerk
BENAGE, Mayor
CERTIFICATE OF THE CITY CLERK
State of Kansas
Sedgwick County
I, Melissa Krehbiel, City Clerk of the City of Bel Aire, Sedgwick County, Kansas do hereby
certify that said city is a city of the second class of the mayor -council form of government under
the statutes of Kansas; that this codification of the general ordinances of said city and the
publication thereof in book form were ordered and authorized by the governing body by ordinance
and in accordance therewith is entitled the "Code of the City of Bel Aire, Kansas," that said
codification was adopted as the "Code of the City of Bel Aire, Kansas," by the governing body by
Ordinance No.700 passed on February 7, 2023 as authorized by K.S.A. 12-3015; that said
ordinance and said codification of general ordinances as contained in this volume will take effect
upon publication of 4 or more copies in book form; that the publication of 4 copies of this code in
book form and said adoptive ordinance constitute due passage of this code and all general
ordinances contained therein; that the codification and said adoptive ordinance as contained herein
are true and correct copies; and that said publication imports absolute verity and is to be received
in evidence in all courts and places without further proof as provided by K.S.A. 12-3015.
I further certify that the "Code of the City of Bel Aire, Kansas," and the matter therein
contained will take effect and be in force from and after February 9, 2023 (date of publication of
the codification ordinance in the newspaper).
THF_ fTUTuRE ; c'-43
��� \U✓fTH RESP<<cr FOR ELISSA KREHBIEL, City Clerk
DATE: 1�2r�y 2023.