The purpose of the City Land Bank is to implement authority granted to the Governing Body, by K.S.A. 12-5901 et seq. to establish or dissolve a City Land Bank by ordinance. The City Land Bank will be quasi-governmental entity with the primary responsibility and authority for acquiring, maintaining, and selling abandoned property in the order to address the problems and issues created by these distressed properties. The City Land Bank shall also be responsible for the acquisition of title to real estate, eliminate liabilities for said real estate, and provide effective disposition of acquired property.

(Ord. 1919)

City means the City of Conway Springs.

County means Sumner County, Kansas.

Board means the board of trustees of the City Land Bank established pursuant to this article.

Bank means the City Land Bank established pursuant to this article.

Governing Body means Governing Body of the City of Conway Springs, Kansas

Municipality means any city, county or other political or taxing subdivision which has the power to levy special assessments.

(Ord. 1919)

(a)   The City Land Bank Board of Trustees shall consist of up to five (5) members with no more than two Council Members of the City of Conway Springs, Kansas. The remainder of the board shall consist of residents or business owners of Conway Springs, Kansas.

(b)   Primary Staff support to the Board will be provided by Mayor or President of the City Council. City staff will provide technical and professional support for City Land Bank operations; additional support may be contracted as deemed necessary.

(c)   The Bank may be dissolved by Ordinance of the Governing Body. In such case, all property of the Bank shall be transferred to and held by the City and may be disposed of as otherwise provided by law.

(Ord. 1919)

The City Land Bank Board of Trustees shall have the following duties:

(a)   To recommend contracts for the City Council to approve;

(b)   To make recommendations to the City Council 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 state law;

(c)   To recommend rebate all, or any portion thereof, the taxes on any property sold or conveyed by the Bank;

(d)   To exercise any other incidental power which is necessary to carry out the purposes of the City Land Bank, this article, and state law.

(e)   Any property acquired by the City of Conway Springs, Sumner County, or any other taxing subdivisions within the City of Conway Springs or Sumner County may be transferred to the Bank. The Board may accept or refuse to accept any property authorized to be transferred pursuant to this article or state law. The transfer of any property pursuant to the subsection shall not be subject to any bidding requirement and shall be exempt from any provision of law requiring a public sale.

(f)   The fee simple title to any real estate which is sold to Sumner County in accordance with the provisions of K.S.A. 79-2803 et. Seq and amendments thereto and K.S.A. 79-2804 et seq, and amendments thereto, and upon acceptance by the Board may be transferred to the Bank by a good and sufficient deed by the county clerk upon a written order from the board of County Commissioners.

(g)   The board shall assume possession and control of any property acquired by it under the Ordinance or state law, and shall hold and administer such property with City Council oversight. 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 always available for public inspection and distribution;

(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 recommend to City Council the sale or other disposition of such property at such times and upon such terms and conditions deemed appropriate;

(5)   Establish and maintain records and accounts reflecting all transactions, expenditures, and revenues relating to the Bank's activities, including separate itemizations of all transactions, expenditures and revenues concerning each individual parcel of property acquired; and

(6)   Thirty days prior to the sale of any property owned by the Bank, publish a notice in the official City newspaper announcing such sale.

(Ord. 1919)

The Bank shall be subject to the following provisions:

(a)   The 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 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 K.S.A. 45-216 et seq., and amendments thereto.

(e)   Any moneys of the Bank which are not immediately required for the purposes of the Bank shall be invested in the manner provided by K.S.A. 12-1675, and amendments thereto.

(f)   The Bank shall make an annual report to the Governing Body on or before January 31st 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 Bank. A copy of such inventory also shall be published in the official newspaper on or before January 31st of each year.

(g)   The Bank shall be subject to the inventory requirements for the deposit of public money as provided by K.S.A. 9-1401 et seq. and the amendments thereto.

(h)   The Board, without competitive bidding, may recommend selling 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 effective reutilization. The sale of any real property by the Board, under the provisions of this article or state law, on which there are delinquent special assessments to finance public improvements shall be conditioned upon the approval of the Governing Body.

(i)    The Board, for purposes of land disposition, may consolidate, assemble or subdivide individual parcels of property acquired by the Bank.

(j)    Until sold or otherwise disposed of by the Bank and except for special assessments levied by the City to finance public improvements, any property acquired by the 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.

(k)   Except for special assessments levied by a municipality to finance public improvements, when the Board acquires property pursuant to this article and state law, the 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.

(1)   Property held by the Bank shall remain liable for special assessments levied by a municipality to finance public improvements, but no payment thereof shall be required until such property is sold or otherwise conveyed by the Bank.

(m)  The Governing Body, which is levied special assessments on property acquired by the Bank, may abate part of all the special assessments, and the 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.

(n)   Any moneys derived from the sale of property by the Bank shall be retained by the Bank for the purposes and operations thereof; provided, however, that the Board may use all or any part of the proceeds from the sale to reimburse the City for delinquent special assessments due on such property.

(Ord. 1919)

(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 may require.

(b) The Board may appoint such officers as it may require for the performance of its duties, and shall determine the qualifications and duties.

(c)   The Board shall fix the time and place at which its meetings shall be held within the City and shall be subject to the provisions of 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 county officers and employees, including, but not limited to, K.S.A. 75-4301 et seq., and amendments thereto.

(f)   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 judgement or decree entered against such member and, further, shall be defended at the cost and expense of the Bank in any such proceeding.

(Ord. 1919)