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HomeMy Public PortalAboutOrd 588 Recodification 2015 Edition(First published in The Ark Valley News on January 1,2016.) ORDINANCE NO: 588 AN ORDINANCE ADOPTING THE RECODIFICATION OF ORDINANCES OF THE CITY OF BEL AIRE, KANSAS, 2015 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 L 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, 2015," 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 perrnanently bound or loose-leaf book form. When the ordinance and the codification, along with a certificate of the City Clerk that the same are true 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 Clerk 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 on or before December 15,2015, in force and effect at the effective date of the "Code of the City of Bel Aire, Kansas, 2015" are hereby repealed as of the date of publication of this Ordinance, and all such legislated acts are hereby incorporated within the Code of the City of Bel Aire. Section 3. In construing this ordinance, the following ordinances shall not be considered or held to be ordinances of a seneral nature: (a) (b) (c) (d) (e) Ordinances pertaining to the acquisition of property or interests property by gift, purchase, devise, bequest, appropriation condemnation; Ordinances opening, dedicating, widening, vacating or narrowing streets, avenues, alleys and boulevards, changing or establishing zoning regulations; Ordinances establishing and changing grades of streets, avenues, alleys and boulevards; Ordinances naming or changing the names of streets, avenues and boulevards; Ordinances authorizing or directing public improvements to be made; ln or (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, corporation or other entity, such franchise agreements shall no longer be set forth within the Code but shall continue in full force in effect; 0) Ordinances authorizing the issuance of bonds and other instruments of indebtedness by the City;(k) Ordinancesauthorizingcontracts;(l) 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, arlicles and sections of the Bel Aire Municipal Code adopted by Section I 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 parl of the ordinances, and therefore, no implication or presumption of legislative intent or construction is to be drawn therefrom. Chapters may be combined or renumbered or organized, without changing content, to best fit within the Municipal Code. 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, 2015," 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, 2015" as provided in K.S.A. l2- 3015 and as provided by this ordinance. Passed by the City Council this 5th day of January,2016. Approved by the Mayor this 5th day of January,2016. OR, David Austin ATTEST: SEAL