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HomeMy Public PortalAboutOrd 640 Recodification of 2018 editionSummary of Ordinance No. 640 City of Bel Aire, Kansas On February 5, 2019, the City of Bel Aire, Kansas, adopted Ordinance No. 640, regarding the Codification of the General Ordinances of the City of Bel Aire, Kansas. A complete copy of this ordinance is available online at http://www.belaireks.org under documents or during normal business hours at City Hall, located at 7651 East Central Park Ave., Bel Aire, KS 67226. The ordinance is not subject to a protest petition. Questions pertaining to this ordinance may be directed to Mr. Ty Lasher, City Manager, at (316) 744-2451. This summary has been reviewed and certified by Jacqueline Kelly, City Attorney. (First published in The Ark Valley News on February 7, 2019) ORDINANCE NO: 640 AN ORDINANCE ADOPTING THE RECODIFICATION OF ORDINANCES OF THE CITY OF BEL AIRE, KANSAS, 2018 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. Recodification. 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 1 through 18, inclusive, and entitled the "Code of the City of Bel Aire, Kansas, 2018" 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 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. Repeal of General Ordinances. All ordinances and parts of ordinances of a general nature passed on or before February 5, 2019, in force and effect at the effective date of the "Code of the City of Bel Aire, Kansas, 2018" 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 2b. Chapter 6, Public Safety. Amendment of Chapter 6, Article 1, Section 6.1.1 of the "Code of the City of Bel Aire, Kansas, 2018," in connection with regulating public offenses within the corporate limits of the City Of Bel Aire, Kansas; incorporating by reference the "Uniform Public Offense Code for Kansas Cities," Edition of 2018, as modified by chapter 6 of the "Code of the City of Bel Aire, Kansas, 2018," providing certain penalties; and repealing Code Section 6.1.2, Section 6.1.9, Section 6.1.8, and repealing the adoption of the 2016 U.P.O.C., all within the City of Bel Aire, Sedgwick County, Kansas. Section 2c. Chapter 12, Traffic. Amendment of Chapter 12, Article 1, Section 12.1.1 of the "Code of the City of Bel Aire, Kansas, 2018," in connection with regulating traffic within the corporate limits of the City of Bel Aire, Kansas; incorporating by reference the "Standard Traffic Ordinance for Kansas Cities," Edition of 2018, as modified by chapter 12 of the "Code of the City of Bel Aire, Kansas, 2018," providing certain penalties; and repealing the adoption of any previously adopted Standard Traffic Ordinance, all within the City of Bel Aire, Sedgwick County, Kansas. Section 3. Ordinances Excluded. 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, 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; (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. Arrangement. The arrangement and classification of the several chapters, articles and sections of "Code of the City of Bel Aire, Kansas, 2018," 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. Chapters may be combined or renumbered or organized, without changing content, to best fit within the Code. Section 5. Savings Clause. If for any reason any chapter, article, section, subsection, sentence, portion or part of the "Code of the City of Bel Aire, Kansas, 2018," 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. Effective Date. This ordinance shall take effect and be in force from and after the publication of the "Code of the City of Bel Aire, Kansas, 2018" as provided in K.S.A. 12-3015 and as provided by this ordinance. Passed by the City Council this 5th day of February, 2019. Approved by the Mayor this 5th day of February, 2019. MAYOR, David Austin ATTEST: CITY CLERK, Melissa Krehbiel