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HomeMy Public PortalAboutOrd 622 Reassessment of Ord 507Gilmore & Bell, P.C. 09/13/2017 (Published in The Ark Valley News, on September 21, 2017) ORDINANCE NO. 622 AN ORDINANCE APPROVING AN AGREEMENT REGARDING THE RE- ASSESSMENT OF CERTAIN SPECIAL ASSESSMENTS LEVIED BY ORDINANCE NO. 507 OF THE CITY OF BEL AIRE, KANSAS TO PAY THE COSTS OF CERTAIN INTERNAL IMPROVEMENTS IN THE ELK CREEK ADDITION TO THE CITY OF BEL AIRE, KANSAS. WHEREAS, the governing body of the City of Bel Aire, Kansas (the "City") has heretofore authorized the following internal improvements to be constructed pursuant to K.S.A. 12-6a01 el seq. and to serve Elk Creek Addition to the City (the "Act"): Paving Phase 1 - Resolution No. R-08-06 Water Distribution System Phase 1 - Resolution No. R-08-09 Sanitary Sewer Phase 1 - Resolution No. R-08-08 Storm Water Sewer Phase 1 - Resolution No. R-08-07 Drainage Pond - Resolution No. R-08-10 (collectively, the "Improvements"); and WHEREAS, pursuant to the Act and Ordinance No. 507 of the City, the governing body has levied and assessed a portion of the costs of such Improvements against Lots 19 through 21, Block 6, of Elk Creek Addition to the City; and WHEREAS, the owners of Lots 19 through 21, Block 6, of Elk Creek Addition to the City, have, pursuant to an Agreement By and Between the City and such owners (the "Respread Agreement"), agreed that certain re -assessments should be made on such properties for the Improvements; and WHEREAS, the owners of Lots 19 through 21, Block 6, of Elk Creek Addition to the City have waived their rights to notice and a hearing for a re -assessment under the Act and waived their right to appeal the special assessments for the above mentioned projects (including the described re -assessment) and have agreed that no suit to set aside said assessment shall be brought by them nor shall they in any other way bring an action to question the validity of the assessment proceedings taken by the City; and WHEREAS, the governing body of the City hereby finds and determines that it is necessary and advisable to re -assess the amounts levied against such lots by Ordinance No. 507 NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF BEL AIRE, KANSAS: KMC\601000.038\RESPREAD ORDINANCE Section 1. The City authorizes and directs the assessments against Lots 19 through 21, Block 6, of Elk Creek Addition to the City, levied by Ordinance No. 507, shall be re -assessed as follows: Lot 19, Block 6; Elk Creek Addition shall, in addition to the amounts assessed against such lot under Ordinance No. 507, be assessed 25% of the amounts assessed against Lots 20 and 21, Block 6; Elk Creek Addition, and Lots 20 and 21, Block 6; Elk Creek Addition, shall correspondingly be assessed 75% of the amounts assessed against such lots by Ordinance No. 507, all as described in the Respread Agreement. Section 2. The Respread Agreement is hereby approved and authorized, and the Mayor or other authorized signatory is hereby authorized and directed to execute and deliver the Respread Agreement on behalf of the City in substantially the form presented for review prior to passage of this ordinance, and such other documents, certificates and instruments as may be necessary or desirable to carry out the purposes and intent of this ordinance. The City Clerk of the City is hereby authorized and directed to attest the execution of the Respread Agreement and such other documents, certificates and instruments as may be necessary or desirable to carry out the intent of this ordinance under the City's corporate seal. Section 3. 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] KMC160 I 000.0381RESPREAD ORDINANCE 2 PASSED by the governing body of the City on September 19, 2017 and signed and APPROVED by the Mayor. (SEAL) ATTEST: r7JC CERTIFICATE Mayor I hereby certify that the foregoing is a true and correct copy of the original ordinance; that said Ordinance was passed on September 19, 2017; that the record of the final vote on its passage is on file in the office of the City Clerk; and that it or a summary thereof was published in The Ark Valley News on September 21, 2017. DATED: September 19, 2017 KMC\601000.038\RESPREAD ORDINANCE ity Clerk (Signature Page to Ordinance)