HomeMy Public PortalAboutOrd 505 Recodification of Ord (First published in The Bel Aire Breeze on �, — ' J/ ,2011.)
ORDINANCE NO: 505
AN ORDINANCE ADOPTING THE RECODIFICATION OF ORDINANCES OF
THE CITY OF BEL AIRE, KANSAS, 2011 EDITION, PROVIDING FOR THE
EFFECTIVE DATE THEREOF, PROVIDING FOR THE REPEAL OF CERTAIN
OTHER ORDINANCES NOT INCLUDED THEREIN, SAVING 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. The recodification of ordinances of the City of Bel Aire, Kansas, as authorized
by K.S.A. 12-3014 and K.S.A. 12-3015 and amendments thereto, as set out in Chapters I
to XX, inclusive, and entitled the "Code of the City of Bel Aire, Kansas, 2011," is hereby
adopted. Codification includes the compilation and revision of the general ordinances of
the city; the changing of sections of the Code deemed advisable; the omission of sections
of the Code deemed unnecessary; the addition of new provisions; and the adoption of the
whole by this ordinance and publication in permanently bound or loose-leaf book form.
When the ordinance and the codification, along with a certificate of the city clerk that the
saine are tike and correct copies are published in book form or in loose-leaf binders, the
codification shall take effect. At least one (1) copy of the published book of codes shall
be kept on file in the office of the city cleric and remain available for inspection by the
public at all reasonable business hours.
Section 2. All ordinances and parts of ordinances of a general nature passed prior to
November 1, 2011, in force and effect at the effective date of the "Code of the City of Bel
Aire, Kansas, 2011" are hereby repealed as of the date of publication of said code, and
incorporated therein. The Provisions of Charter Ordinance 14 are also included to the
extent that the language of such Charter updates and modifies the provisions of this Code,
although as a Charter Ordinance it is not repealed by function of this ordinance.
Section 3. 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, changing or establishing zoning
regulations;
(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, firin, corporation or other entity, such franchise
agreements shall no longer be set forth within the Code but shall continue
in full force in effect;
(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 and;
(n) Ordinances of a temporary nature;
(o) Charter ordinances.
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 the
section.
Section 4. The arrangement and classification of the several chapters, articles and
sections of the Bel Aire Municipal 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 there from.
Section 5. If for any reason any chapter, article, section, subsection, sentence,
portion or part of the "Code of the City of Bel Aire, Kansas, 2011," or the application
thereof to any person or circumstance is declared to be unconstitutional or invalid, such
determination will not affect the validity of the remaining portions of said code.
Section 6. This ordinance shall take effect and be in force from and after the
publication of the "Code of the City of Bel Aire, Kansas, 2011" as provided in K.S.A. 12-
3015 and as provided by this ordinance.
Passed by the City Council this 150'day of November, 2011.
Approved by the Mayor this 15'1'day of November, 2011.
MAYOR I-I ROLD i'A
S-MI "'
ATTEST:
CITY CLERK,VICKI BRADFORD
SEAL