17-10915 Establishing a City Land Bank (Summary published in The Salina Journal on December-LE, 2017.)
(Published on the City of Salina's wehsite for a minimum of one week from December r<9 7017 )
ORDINANCE NUMBER 17-10915
AN ORDINANCE AMENDING CHAPTER 2 OF THE SALINA CODE BY ADDING NEW
ARTICLE XIV ESTABLISHING A CITY LAND BANK AND PROVIDING FOR ITS
MEMBERSHIP, POWERS, AND DUTIES.
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WHEREAS, pursuant to K.S.A. 12-5901 et seq., the Governing Body of the City of Salina
8 may establish a city land bank by adoption of an ordinance; and
WHEREAS. the Governing Body desires to establish a land bank with all statutory
authority to acquire, maintain, use, and sell property as provided by law, SO NOW THEREFORE,
BE IT ORDAINED by the Governing Body of the City of Salina, Kansas:
Section 1. New Article. Chapter 2 of the Salina Code is amended by adding Article XIV, which
reads as follows:
ARTICLE XIV. LAND BANK
Sec. 2-242. Purpose.
The land bank shall have the primary responsibility and authority for acquiring, maintaining
and selling real property located within the city to help achieve the city's goals of returning
municipally-owned, tax delinquent, or abandoned real property to private ownership, cost-
effectively maintaining such real property, ensuring conformance with the goals of the city's
comprehensive plan, and encouraging economic development. The land bank is intended to
assist in the elimination of barriers to returning real property to private ownership and
productive use, and to help facilitate the strategic conveyance of real property.
Sec. 2-243. Definitions.
Whenever used in this article, the following terms shall be defined as follows:
(a) Act means K.S.A. 12-5901 et seq., as amended and supplemented from time to time.
(b) Board means the board of trustees of the land bank.
(c) Land bank means the city land bank established under this article.
Sec. 2-244. Creation of land bank; board.
By the authority of the act, the land bank is hereby established. The land bank shall be
governed by the board.
Sec. 2-245. Membership; Terms and Dissolution.
(a) The board shall be composed of the entire membership of the governing body, ex
officio.
(b) The term of office of each member of the board shall be coterminous with that member's
term of office on the governing body.
(c) The governing body may advance operating funds to the land bank to pay expenses of
the board and the land bank. Members of the board shall receive no compensation, but
shall be paid their actual and necessary expenses in attending meetings and in carrying
out their duties as members of the board.
(d) The land bank may be dissolved by ordinance of the governing body. In such case, all
property of the land bank shall be transferred to and held by the city and may be
disposed of as otherwise provided by law.
Sec. 2-246. Land bank board; organization.
(a) The board shall select, annually, from its membership, a chairperson, a vice-chairperson
and a treasurer. The treasurer shall be bonded in such amounts as the governing body
N may require.
(b) The board may appoint such officers, agents and employees as it may require for the
performance of its duties, and shall determine the qualifications and duties and fix the
compensation of such officers, agents and employees.
(c) The board shall fix the time and place at which its meetings shall be held. Meetings shall
be held within the city and shall be subject to the Kansas open meetings act, K.S.A. 75-
4317 et seq., and amendments thereto.
(d) A majority of the board shall constitute a quorum for the transaction of business. No
action of the board shall be binding unless taken at a meeting at which at least a quorum
is present.
(e) The members of the board shall be subject to the provisions of the laws of the state of
Kansas which relate to conflicts of interest of city officers and employees, including, but
not limited to, K.S.A. 75-4301 et seq., and amendments thereto.
(1) Subject to the provisions of the Kansas tort claims act, K.S.A. 75-6101 et seq., and
amendments thereto, if any action at law or equity, or other legal proceeding, shall be
brought against any member of the board for any act or omission arising out of the
performance of duties as a member of the board, such member shall be indemnified in
whole and held harmless by the board for any judgment or decree entered against such
member and, further, shall be defended at the cost and expense of the land bank in any
such proceeding.
Sec. 2-247. Staffing.
Primary staff support to the board will be provided by the city manager or the city
manager's designee.
Sec. 2-248. Board powers and duties.
(a) The board shall have the following powers and duties:
(1) To sue and be sued;
(2) To enter into contracts;
(3) To appoint and remove staff and provide for the compensation thereof, upon
approval of the governing body;
(4) To acquire, by purchase, gift or devise, and convey any real property, including
easements and reversionary interests, and personal property subject to the provisions
of this article and the act;
(5) To rebate all, or any portion thereof, the taxes on any property sold or conveyed by
the land bank;
(6) To exercise any other power which may be delegated to the land bank by the
governing body; and
(7) To exercise any other incidental power which is necessary to carry out the purposes
of the land bank, this article, and the act.
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(b) Any property acquired by the city, the county, or any other city or taxing subdivision
within the county may be transferred to the land bank. The board may accept or refuse to
accept any property authorized to be transferred pursuant to this subsection. The transfer
of any property pursuant to this subsection shall not be subject to any bidding
requirement and shall be exempt from any provision of law requiring a public sale.
(c) The fee simple title to any real estate which is sold to the county in accordance with the
provisions of K.S.A. 79-2803 and 79-2804, and amendments thereto, and upon
a acceptance by the board may be transferred to the land bank by a good and sufficient
deed by the county clerk upon a written order from the board of county commissioners.
(d) The board shall assume possession and control of any property acquired by it under this
article or the act and shall hold and administer such property. In the administration of
property, the board shall:
(1) Manage, maintain and protect or temporarily use for a public purpose such property
in the manner the board deems appropriate;
(2) Compile and maintain a written inventory of all such property. The inventory shall
be available for public inspection and distribution at all times:
(3) Study, analyze and evaluate potential, present and future uses for such property
which would provide for the effective reutilization of such property;
(4) Plan for and use the board's best efforts to consummate the sale or other disposition
of such property at such times and upon such terms and conditions deemed
appropriate; and
(5) Establish and maintain records and accounts reflecting all transactions, expenditures
and revenues relating to the land bank's activities, including separate itemizations of
all transactions, expenditures and revenues concerning each individual parcel of
property acquired.
Sec. 2-249. Land bank budget and operational requirements.
(a) The land bank shall be subject to the provisions of the cash-basis law, K.S.A. 10-1101 et
seq., and amendments thereto.
(b) The budget of the land bank shall be prepared, adopted and published as provided by law
for other political subdivisions of the state. No budget shall be adopted by the board until
it has been submitted to, reviewed and approved by the governing body.
(c) The board shall keep accurate accounts of all receipts and disbursements. The receipts
and disbursements of the board shall be audited yearly by a certified or licensed public
accountant and the report of the audit shall be included in and become part of the annual
report of the board.
(d) All records and accounts shall be subject to public inspection pursuant to the Kansas
open records act, K.S.A. 45- 215 et seq., and amendments thereto.
(e) Any moneys of the land bank which are not immediately required for the purposes of the
land bank shall be invested in the manner provided by K.S.A. 12-1675. and amendments
thereto.
(0 The land bank shall make an annual report to the governing body on or before January
31 of each year, showing receipts and disbursements from all funds under its control and
showing all property transactions occurring in each year. Such report shall include an
inventory of all property held by the land bank. A copy of such inventory also shall be
published in the official city newspaper on or before January 31 of each year.
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(g) The land bank shall be subject to the statutory requirements for the deposit of public
money as provided by K.S.A. 9-1401 et seq., and amendments thereto.
Sec. 2-250. Sale of property; conditions.
(a) The board, without competitive bidding, may sell any property acquired by the board at
such times, to such persons, and upon such terms and conditions, and subject to such
restrictions and covenants deemed necessary or appropriate to assure the property's
8 effective reutilization.
(b) Thirty (30) days prior to the sale of any property owned by the land bank, the board shall
publish a notice in the official city newspaper announcing such sale.
(c) The sale of any real property by the board under the provisions of this article or the act
on which there are delinquent special assessments to finance public improvements shall
be conditioned upon the approval of the governing body.
(d) My moneys derived from the sale of property by the land bank shall be retained by the
land bank for the purposes and operations thereof; provided, however, that the board
may use all or any part of the proceeds from such sale to reimburse the city for
delinquent special assessments due on such property.
(e) The board, for purposes of land disposition, may consolidate, assemble or subdivide
individual parcels of property acquired by the land bank.
Sec. 2-251. Exemption of property from taxation; exceptions.
(a) Until sold or otherwise disposed of by the land bank, and except for special assessments
levied by the city to finance public improvements, any property acquired by the land
bank shall be exempt from the payment of ad valorem taxes levied by the state and any
other political or taxing subdivision of the state.
(b) Except for special assessments levied by the city to finance public improvements, when
the board acquires property pursuant to this article and the act, the Saline county
treasurer shall remove from the tax rolls all taxes, assessments, charges, penalties and
interest that are due and payable on the property at the time of acquisition by the board.
(c) Property held by the land bank shall remain liable for special assessments levied by the
city to finance public improvements, but no payment thereof shall be required until such
property is sold or otherwise conveyed by the land bank.
(d) The governing body may abate part or all of any special assessments which it has levied
on property acquired by the land bank, and the land bank and the governing body may
enter into agreements related thereto. Any special assessments that are abated shall be
removed from the tax rolls by the county treasurer as of the effective date of the
abatement.
(e) The governing body may enter into an agreement with the land bank to defer or
reamortize part or all of any special assessments which the governing body has levied on
property acquired by the land bank. The governing body shall provide for such deferral
or reamortization by passage of an ordinance. Any special assessments that are deferred
or reamortized shall be corrected on the tax rolls by the county treasurer as of the
effective date of the ordinance providing for such deferral or reamortization.
Sec. 2-252. Advisory committees; establishment.
The board may establish separate neighborhood or city advisory committees consisting of
persons living or owning property within the county, city, or neighborhood. In the case of
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neighborhood advisory committees, the board shall determine the boundaries of each
11 neighborhood. In the absence of a resolution by the board providing otherwise, each
advisory committee shall consist of not less than five and no more than nine persons, to be
appointed by the board for two-year overlapping terms. The board shall consult with each
advisory committee as needed to review the operations and activities of the land bank and to
W receive the advice of the members of the advisory committee concerning any matter which
comes before the committees.
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s Section 2. Effective. This ordinance shall be in full force and effect from and after its adoption
sand publication once in the official city newspaper by the following summary:
Ordinance No. 17-10915 Summary
On December 18, 2017, the City Commission passed Ordinance No. 17-10915. The
Ordinance amends Chapter 2 of the Salina Code by adding new Article XIV establishing a
city land bank pursuant to K.S.A. 12-5901 et seq. and providing for its membership, powers,
duties, and procedures. A complete copy of the Ordinance can be found at www.salina-
ks.gov or in the office of the City Clerk, 300 W. Ash, free of charge. This summary is
certified by the City's legal counsel.
Introduced: December 11, 2017
Passed: December 18, 201�]t
QC1
Ka J.4ford, Mayor
[SEAL]
ATTEST:
SII Oak
Shandi Wicks, CMC, City Clerk
The / :I/,.�^io>•mmary set forth above is certified this day of December, 2017.
Al
4 A. B:Q•.n, City Attorney
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