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Home My Public Portal AboutOrd 706 Special Assessments Gilmore& Bell, P.C. 09/12/2023 (Published in the Ark Valley News on September 21, 2023) ORDINANCE NO. 706 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-20-01, R-20-02, R-20-03, R-20-04, R- 20-05, R-20-06, R-20-07, R-20-12, R-20-13,AND R-20-14; 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. 12-6a19 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, 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: Project No. 1 —Bristol Hollows Phase 1 -Drainage Improvements Authorized by Resolution No. R-20-01 Construction of drainage improvements and mass grading, including tree and bush removal, all in accordance with City standards and plans and specifications prepared or approved by the City Engineer. Project No. 2—Bristol Hollows Phase 1 - Paving Improvements Authorized by Resolution No. R-20-02 Grading, paving, curb and gutter appurtenant improvements, and otherwise improve Bristol Street from the south line of 53`d Street North to termination at Lot 22, Block B; and Bristol Circle; all in Bristol Hollows Addition, Bel Aire, Sedgwick County, Kansas, with plans and specifications to be furnished by the City Engineer of the City of Bel Aire, Kansas. Project No.3—Bristol Hollows Phase 1 —Sanitary Sewer Improvements Authorized by Resolution No. R-20-03 Install a sanitary sewer main, manholes, easement grading and appurtenant improvements in the following locations in Bristol Hollows Addition, Bel Aire, Sedgwick County, Kansas: Running along Lots 20-31, Block A, Bristol Hollows Addition, beginning near the east line of said Lot 20 and ending 601000.20206\ASSESS PH II near the east line of said Lot 31; and Running along lots 23-30, Block B, Bristol Hollows Addition, beginning near the west line of said Lot 23 and ending near the north line of said Lot 30; all in accordance with City of Bel Aire standards and plans and specifications prepared or approved by the City Engineer. Project No.4—Bristol Hollows Phase 1 —Water Main Improvements Authorized by Resolution No. R-20-04 Install a water main along with appurtenant improvements in the following locations in Bristol Hollows Addition, Bel Aire, Sedgwick County, Kansas: Beginning at the existing water main built in the south right of way of 53`d Street north, then running south along the east right-of-way of Bristol Street. Temporary termination at the west line of Lot 22, Bristol Hollows Addition, Bel Aire Sedgwick County ; and Install a water main along with appurtenant improvements in the following locations in Bristol Hollows Addition, Bel Aire, Sedgwick, County, Kansas: Beginning at the proposed water main built in the east right of way of Bristol Street, then running west along the north right-of-way of Bristol Circle and across Bristol Street. Then looping back into a connection on the north side of Bristol Circle; all in accordance with City standards and plans and specifications prepared or approved by the City Engineer. Project No. 5—Central Park 3rd Addition Phase 2 -Paving Improvements Authorized by Resolution No. R-20-05 That there be constructed pavement on Gabriel from the north line of Lot 12, Block A, north to the south line of Hampton; on Hampton from the south line of Gabriel north to the west line of Pheasant Ridge St.; on Pheasant Ridge St. from the west line of Hampton, east to the east line of Lot 31, Block A; on Holder Ln. from the north line of Lot 12, Block B, north to the south line of Pheasant Ridge St. That said pavement between aforesaid limits be constructed for a width of twenty-six (26) feet from gutter line to gutter line, and each gutter to be two (2) feet in width, making a total roadway width of thirty (30) feet with plans and specifications to be furnished by the City Engineer of the City of Bel.Aire, Kansas. Drainage to be installed where necessary. Project No.6—Central Park 3rd Addition Phase 2—Sanitary Sewer Improvements Authorized by Resolution No. R-20-06 That there be constructed a lateral sanitary sewer, according to plans and specifications to be furnished by the City Engineer of the City of Bel Aire, Kansas. Project No. 7—Central Park 3rd Addition Phase 2—Water Distribution Improvements Authorized by Resolution No. R-20-07 That there be constructed a water distribution system, including necessary water mains, pipes, valves, hydrants, meters and appurtenances, according to plans and specifications to be furnished by the City Engineer of the City of Bel Aire, Kansas. Project No. 8—Rock Spring Addition Phase 7—Paving Improvements Authorized by Resolution No. R-20-12 That there be constructed pavement on CHRIS from east return of Chris and Pebblecreek Street to the East line of Rock Spring Addition (Phase 7); CHERRYWOOD CT. from east return of Cherrywood Ct. and Pebblecreek Street to and including the cul-de-sac. That said pavement on Chris and Cherrywood Ct. between aforesaid limits be constructed for a width of twenty-four(24) feet from gutter line to gutter line, 601000.20206\ASSESS PH II 2 and each gutter to be two and one-half(2-1/2) feet in width; making a total roadway width of twenty-nine (29) feet with plans and specifications to be furnished by the City Engineer of the City of Bel Aire, Kansas. Drainage to be installed where necessary. A 5' sidewalk shall be installed on the south side of Chris adjacent to the new pavement. Project No. 9—Rock Spring Addition Phase 7—Sanitary Sewer Improvements Authorized by Resolution No. R-20-13 Construction of a lateral sanitary sewer to serve the area described below, to be constructed with plans and specifications to be furnished by the City Engineer of the City of Bel Aire,Kansas. Project No. 10—Rock Spring Addition Phase 7—Water Improvements Authorized by Resolution No. R-20-14 Construction of a water distribution system, including necessary water mains, pipes, valves, hydrants, meters and appurtenances to serve the area described below, according to plans and specifications to be furnished by the City Engineer of the City of Bel Aire, Kansas. 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] 601000.202061ASSESS PH II 3 PASSED by the governing body of the City of Bel Aire, Kansas, on September 19, 2023, and signed and APPROVED by the Mayor. pF BE (SEAL) /4 ..---may ;1.....,..2-, X--------- �, 'P'` \ ''' Mayor ATTEST: l��, �'.�� ;r,��, wir R/ ;'FCi F(. V.- wits Citia ,# 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 September 19, 2023; 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 September 21, 2023. DATED: September 19, 2023. City Clerk 601000.202061ASSESS PH 11 (Signature page to Ordinance) EXHIBIT A Water Main Legal Description Drainage Res. Paving Res. Sanitary Sewer Res. Res. (Bristol Hollows Phase 1) R-20-01 R-20-02 R-20-03 R-20-04 Block A Lot 1 $11,230.07 $7,601.50 Block A Lot 2 11,230.07 7,601.50 Block A Lot 3 11,230.07 7,601.50 Block A Lot 4 11,230.07 7,601.50 Block A Lot 5 11,230.07 7,601.50 Block A Lot 6 11,230.07 7,601.50 Block A Lot 7 11,230.07 7,601.50 Block A Lot 8 11,230.07 7,601.50 Block A Lot 9 11,230.07 7,601.50 Block A Lot 10 11,230.07 7,601.50 Block A Lot 11 11,230.07 7,601.50 Block A Lot 12 11,230.07 7,601.50 Block A Lot 13 11,230.07 7,601.50 Block A Lot 14 11,230.07 7,601.50 Block A Lot 15 11,230.07 7,601.50 Block A Lot 16 11,230.07 7,601.50 Block A Lot 17 11,230.07 7,601.50 Block A Lot 18 11,230.07 7,601.50 Block A Lot 19 11,230.07 7,601.50 Block A Lot 20 11,230.07 $22,293.95 7,601.50 $6,358.50 Block A Lot 21 11,230.07 22,293.95 7,601.50 6,358.50 Block A Lot 22 11,230.07 22,293.95 7,601.50 6,358.50 Block A Lot 23 11,230.07 22,293.95 7,601.50 6,358.50 Block A Lot 24 11,230.07 22,293.95 7,601.50 6,358.50 60I000.20206\ASSESS PHS I A-1 Block A Lot 25 11,230.07 22,293.95 7,601.50 6,358.50 Block A Lot 26 11,230.07 22,293.95 7,601.50 6,358.50 Block A Lot 27 11,230.07 22,293.95 7,601.50 6,358.50 Block A Lot 28 11,230.07 22,293.95 7,601.50 6,358.50 Block A Lot 29 11,230.07 22,293.95 7,601.50 6,358.50 Block A Lot 30 11,230.07 22,293.95 7,601.50 6,358.50 Block A Lot 31 11,230.07 22,293.95 7,601.50 6,358.50 Block B Lot 1 11,230.07 1,094.13 Block B Lot 2 11,230.07 1,094.13 Block B Lot 3 11,230.07 1,094.13 Block B Lot 4 11,230.07 1,094.13 Block B Lot 5 11,230.07 1,094.13 Block B Lot 6 11,230.07 1,094.13 Block B Lot 7 11,230.07 1,094.13 Block B Lot 8 11,230.07 1,094.13 Block B Lot 9 11,230.07 1,094.13 Block B Lot 10 11,230.07 1,094.13 Block B Lot 11 11,230.07 1,094.13 Block B Lot 12 11,230.07 1,094.13 Block B Lot 13 11,230.07 1,094.13 Block B Lot 14 11,230.07 1,094.13 Block B Lot 15 11,230.07 1,094.13 Block B Lot 16 11,230.07 1,094.13 Block B Lot 17 11,230.07 1,094.13 Block B Lot 18 11,230.07 1,094.13 Block B Lot 19 11,230.07 1,094.13 Block B Lot 20 11,230.07 1,094.13 60 I 000.202061ASSESS PHS I A-2 Block B Lot 21 11,230.07 1,094.13 Block B Lot 22 11,230.07 22,293.95 7,598.62 6,358.50 Block B Lot 23 11,230.07 22,293.95 7,598.62 6,358.50 Block B Lot 24 11,230.07 22,293.95 7,598.62 6,358.50 Block B Lot 25 11,230.07 22,293.95 959.16 6,358.50 Block B Lot 26 11,230.07 22,293.95 959.16 6,358.50 Block B Lot 27 11,230.07 22,293.95 959.16 6,358.50 Block B Lot 28 11,230.07 22,293.95 959.16 6,358.50 Block B Lot 29 11,230.07 22,293.95 959.16 6,358.50 Block B Lot 30 11,230.07 22,293.95 959.16 6,358.50 Legal Description (Central Park 3rd Sanitary Sewer Res. Addition Phase 2) Paving Res.R-20-05 R-20-06 Water Distribution Res.R-20-07 Block A Lot 13 $11,197.71 $2,969.86 Block A Lot 14 11,197.71 2,969.86 Block A Lot 15 11,197.71 $7,689.00 2,969.86 Block A Lot 16 11,197.71 7,689.00 2,969.86 Block A Lot 17 11,197.71 7,689.00 2,969.86 Block A Lot 18 11,197.71 7,689.00 2,969.86 Block A Lot 19 11,197.71 7,689.00 2,969.86 Block A Lot 20 11,197.71 7,689.00 2,969.86 Block A Lot 21 11,197.71 7,689.00 2,969.86 Block A Lot 22 11,197.71 7,689.00 2,969.86 Block A Lot 23 11,197.71 7,689.00 2,969.86 Block A Lot 24 11,197.71 7,689.00 2,969.86 Block A Lot 25 11,197.71 7,689.00 2,969.86 Block A Lot 26 11,197.71 7,689.00 2,969.86 601000.202061ASSESS PHS I A-3 Block A Lot 27 11,197.71 7,689.00 2,969.86 Block A Lot 28 11,197.71 7,689.00 2,969.86 Block A Lot 29 11,197.71 7,689.00 2,969.86 Block A Lot 30 11,197.71 7,689.00 2,969.86 Block A Lot 31 11,197.71 7,689.00 2,969.86 Block B Lot 13 11,197.71 - 2,969.86 Block B Lot 14 11,197.71 - 2,969.86 Block B Lot 15 11,197.71 - 2,969.86 Block C Lot 3 11,197.71 - 2,969.86 Block C Lot 4 11,197.71 7,689.00 2,969.86 Block C Lot 5 11,197.71 7,689.00 2,969.86 Block C Lot 6 11,197.71 7,689.00 2,969.86 Block C Lot 7 11,197.71 7,689.00 2,969.86 Block C Lot 8 11,197.71 7,689.00 2,969.86 Block C Lot 9 11,197.71 7,689.00 2,969.86 Block C Lot 10 11,197.71 7,689.00 2,969.86 Block C Lot 11 11,197.71 2,969.86 Block C Lot 12 11,197.71 2,969.86 Legal Description(Rock Paving Res. Sewer Res. Water Res. Spring Addition Phase 7) R-20-12 R-20-13 R-20-14 Block 1 Lot 13 $11,942.04 $2,871.00 Block 1 Lot 14 11,942.04 2,871.00 Block 1 Lot 15 11,942.04 2,871.00 Block 1 Lot 16 11,942.04 2,871.00 Block 1 Lot 17 11,942.04 2,871.00 Block 1 Lot 18 11,942.04 2,871.00 601000.20206\ASSESS PHS I A-4 Block 1 Lot 19 11,942.04 2,871.00 Block 3 Lot 1 11,942.04 $3,182.84 2,871.00 Block 3 Lot 2 11,942.04 3,182.84 2,871.00 Block 3 Lot 3 11,942.04 3,182.84 2,871.00 Block 3 Lot 4 11,942.04 3,182.84 2,871.00 Block 3 Lot 5 11,942.04 3,182.84 2,871.00 Block 3 Lot 6 11,942.04 3,182.84 2,871.00 Block 3 Lot 7 11,942.04 3,182.84 2,871.00 Block 3 Lot 8 11,942.04 3,182.84 2,871.00 Block 3 Lot 9 11,942.04 3,182.84 2,871.00 Block 3 Lot 10 11,942.04 3,182.84 2,871.00 Block 3 Lot 11 11,942.04 3,182.84 2,871.00 Block 3 Lot 12 11,942.04 3,182.84 2,871.00 Block 3 Lot 13 11,942.04 3,182.84 2,871.00 Block 3 Lot 14 11,942.04 3,182.84 2,871.00 Block 3 Lot 15 11,942.04 3,182.84 2,871.00 Block 3 Lot 16 11,942.04 3,182.84 2,871.00 Block 3 Lot 17 11,942.04 3,182.84 2,871.00 Block 3 Lot 18 11,942.04 3,182.84 2,871.00 Block 3 Lot 19 11,942.04 3,182.84 2,871.00 Block 3 Lot 20 11,942.04 3,182.84 2,871.00 Block 3 Lot 21 11,942.04 3,182.84 2,871.00 60I000.20206WSSESS PHS I A-5