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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. z 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. 7 (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. 3 (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 4 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. N 2 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 • I 5