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CHARTER ORDINANCE NO. 1
A CHARTER ORDINANCE OF THE CITY OF BEL-AIRE, KANSAS PROVIDING A
SUBSTITUTE AND ADDITIONAL PROVISION ON THE SAME SUBJECT AS KANSAS
STATUTES ANNOTATED 19-2786d; PROVIDING THAT THE CITY OF BEL-AIRE
TAKE OVER ALL PROPERTY AND ASSETS AND ASSUME ALL DEBTS, LIABILITIES
AND OBLIGATIONS, AND SHALL PERFORM ALL FUNCTIONS AND SERVICES OF
THE BEL-A IRE IMPROVEMENT DISTRICT AND FURTHER PROVIDING THAT THE
DEBTS, LIABILITIES AND OBLIGATIONS ASSUMED BECOME A GENERAL OBLIGA-
TION OF THE CITY OF BEL-AIRE AND FURTHER PROVIDING FOR THE ABOLISH-
MENT OF THE BEL-AIRE IMPROVEMENT DISTRICT.
Be it Ordained by the Governing Body of the City of Bel-Aire:
Section 1. The City of Bel-Aire is a duly incorporated City
of the Third Class within the State of Kansas, and by power vested
in said City by Article 12, Section 5 of the Constitution of the
State of Kansas, hereby provides for a substitute and additional
provision to Section 19-2786d of the Kansas Statutes Annotated,
which applied to cities of all classes excepting newly incorporated
cities which boundaries would encompass or enclose an existing
improvement district, said Statute not being an act of the legislature
which applies uniformly to all cities, and said City of Bel-Aire
provides a substitute and additional provision for said statutes, as
herein after set forth:
Section 2. The boundaries of the Incorporated City of Bel-Aire
having encompassed and enclosed all of the territory of the Bel-Aire
Improvement District, the City of Bel-Aire shall take over all property,
and assets and assume all debts, liabilities and obligations and shall
perform all functions and services of the Bel-Aire Improvement District
and the Bel-Aire Improvement District shall be abolished. The
governing body of the City of Bel-Aire shall by Ordinance, designate
the date on which the City of Bel-Aire shall take over and the Bel-Aire
Improvement District shall be abolished but in no event shall such
date be later than thirty (30) days after the effective date of this
Charter Ordinance. The City of Bel-Aire shall assume and pay as a
general obligation of the City of Bel-Aire, all special assessments
which have been levied against specific lots, parcels or tracts of
property within the Bel-Aire Improvement District by the Bel-Aire
Improvement District except special assessments for streets, lateral
sewers and water distribution systems. Real property within the
District shall be discharged from the lien of any special assessments
or taxes or special taxes levied to pay for the costs of the improve-
ments, except special assessments or special taxes which were levied
for the purpose of paying for street improvements, lateral sewers and
or water distribution systems. Any individual tax payer who owns
property within the Bel-Aire Improvement District shall have power
to bring suit to force the City of Bel-Aire to abide by and carry
out the terms and provisions of this Section.
Section 3. This Charter Ordinance shall be published once each
week for two consecutive weeks in the official publication of the
City of Bel-Aire.
Section 4. This is a Charter Ordinance and shall take effect
sixty-one (61) days after final publication, unless a sufficient
petition is filed and a referandum held on the Charter Ordinance
as provided by subsection (c) (3) of Section 5 of Article 12 of the
Constitution of the State of Kansas, in which case, the Charter
Ordinance shall become effective if apporved by a majority of the
electors voting thereon.
Passed by two-thirds vote of the Members Elect of the
Council of Bel-Aire on the ~~/~day of March, 1981.
Approved by the Mayor this .~,vti day of March, 1981.
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MAYOR/0F'BEt;::'AIRE
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Attest: (~'itf<(f (~;X~-7~
City Clerk