Kansas Land Bank - McPherson County (2022)

McPherson County has two cities with land bank ordinances: McPherson and Moundridge.

McPherson

The ordinance text can be found here: https://library.municode.com/ks/mcpherson/codes/code_of_ordinances?nodeId=COOR_CH2AD_ARTVIBOCO_DIV5LABABOTR

A PDF version can be found here.

Ordinance Citation: McPherson, Kan., Code ch. 2, art. VI, div. 5 (Municode, Municipal Code Corporation, current through Oct. 31, 2018 legislation).

  1. What is the city’s population?

28,708 (U.S. Census 2017)

  1. What year was the city land bank established?

2015

  1. Does the ordinance contain a ‘Statement of Purpose’?

Yes. The ordinance contains the following provision:

“(a) The City of McPherson, Kansas ("city"), by the power vested in it by K.S.A. 12-5901 et seq., hereby establishes a city land bank. The land bank will be a point of contact for individuals and developers interested in acquiring developable land within the city which may be vacant, abandoned, foreclosed or otherwise available. The land bank will be guided in its affairs by a board of trustees.”

  1. How does the ordinance address the ‘city land banks; definitions’ provision contained in state statute (KSA 12-5901)?

Ordinance does not contain any relevant provisions

State Statute

“As used in this act:

(a) ‘City’ means any city.

(b) ‘Board’ means the board of trustees of the city land bank.

(c) ‘Bank’ means the city land bank established pursuant to this act.

(d) ‘Governing body’ means the governing body of the city.

(e) ‘Municipality’ means any city, county or other political or taxing subdivision which has the power to levy special assessments.”

  1. How does the ordinance address the ‘city governing body; establishment, dissolution; board of trustees’ provision contained in state statute (KSA 12-5902)?

Ordinance

“(b) The land bank board of trustees shall consist of three members comprised of the mayor and the city commission.”

“(j) The governing body of the city may advance operating funds to the land bank to pay expenses of the board of trustees and the land bank. The initial funding of the land bank shall be from the sales proceeds of the Light Capital ball fields.”

“(m) Members of the board of trustees shall receive no compensation, but shall be paid their actual expenses in attending meetings and carrying out their duties as members of the board of trustees.”

State Statute

“(a) The governing body may establish a city land bank by adoption of an ordinance.

(b) The bank shall be governed by a board of trustees. The governing body may appoint the board. City governing body members may serve on or as the board of trustees. Vacancies on the board shall be filled by appointment for the unexpired term.

(c) The governing body may advance operating funds to the bank to pay expenses of the board of trustees and the bank. Members of the board of trustees 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 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.”

  1. How does the ordinance address the ‘cash basis; budgets; accounts and records; annual reports’ provision contained in state statute (KSA 12-5903)?

Ordinance

“(d) The bank shall be subject to the provisions of the cash-basis law, K.S.A. 10-1101 et seq., and amendments thereto.

(e) 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 of the city.”

“(k) The land bank is required to make an annual report to the governing body of the city, on or before January 31 of each year, showing receipts and disbursements from all funds under its control.

(l) Any money derived from the sale of property by the land bank shall be retained by the land bank. Any funds 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.”

State Statute

“(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 board of county commissioners 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 bank. A copy of such inventory also shall be published in the official city newspaper on or before January 31 of each year.

(g) The bank shall be subject to the provisions of K.S.A. 9-1401 et seq., and amendments thereto.”

  1. How does the ordinance address the ‘composition of board; open meetings; conflict of interest; suits’ provision contained in state statute (KSA 12-5904)?

Ordinance does not contain any relevant provisions

State Statute

“(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, 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 provision of 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 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 bank in any such proceeding.”

  1. How does the ordinance address the ‘powers of the board’ provision contained in the state statute (KSA 12-5905)?

Ordinance does not contain any relevant provisions

State Statute

“The board may:

(a) Sue and be sued;

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(b) enter into contracts;

(c) appoint and remove staff and provide for the compensation thereof;

(d) 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 act;

(e) rebate all, or any portion thereof, the taxes on any property sold or conveyed by the bank;

(f) exercise any other power which may be delegated to the land bank by the governing body; and

(g) exercise any other incidental power which is necessary to carry out the purposes of the land bank and this act.”

  1. How does the ordinance address the ‘transfer of property’ provision contained in state statute (KSA 12-5906)?

Ordinance does not contain any relevant provisions

State Statute

“(a) Any property acquired by the city, the county, another city or other taxing subdivision within the county may be transferred to the 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.

(b) 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 acceptance by the board of trustees 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.”

  1. How does the ordinance address the ‘administration of property; duties of board’ provision contained in state statute (KSA 12-5907)?

Ordinance

“(f) For any property acquired by the land bank, the trustees shall:

(1) Manage, maintain and protect the same;

(2) Compile and maintain a written inventory of such property;

(3) Study, analyze and evaluate potential, present and future uses for such property which would provide for its effective re-utilization;

(4) Plan for and use the board's best efforts to consummate the sale or other disposition of such property 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; and

(6) Develop such policies and procedures as the board determines reasonable and necessary to effectuate the purposes of the land bank.”

State Statute

“The board shall assume possession and control of any property acquired by it under this act and shall hold and administer such property. In the administration of property, the board shall:

(a) Manage, maintain and protect or temporarily use for a public purpose such property in the manner the board deems appropriate;

(b) compile and maintain a written inventory of all such property. The inventory shall be available for public inspection and distribution at all times;

(c) study, analyze and evaluate potential, present and future uses for such property which would provide for the effective reutilization of such property;

(d) 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;

(e) 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

(f) thirty days prior to the sale of any property owned by the bank, publish a notice in the official city newspaper announcing such sale.”

  1. How does the ordinance address the ‘sale of property by board; conditions’ provision contained in state statute (KSA 12-5908)?

Ordinance does not contain any relevant provisions

State Statute

“(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 effective reutilization. The sale of any real property by the board under the provisions of this act on which there are delinquent special assessments to finance public improvements shall be conditioned upon the approval of the governing body of the municipality which levied the special assessments.

(b) The board, for purposes of land disposition, may consolidate, assemble or subdivide individual parcels of property acquired by the bank.”

  1. How does the ordinance address the ‘exemption of property from taxation; exceptions’ provision contained in state statute (KSA 12-5909)?

Ordinance does not contain any relevant provisions

State Statute

“(a) Until sold or otherwise disposed of by the bank and except for special assessments levied by a municipality 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.

(b) Except for special assessments levied by a municipality to finance public improvements, when the board acquires property pursuant to this act, 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.

(c) 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.

(d) The governing body of any municipality which has levied special assessments on property acquired by the bank may abate part or all of the special assessments, and the bank and 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 of any municipality which has levied special assessments on property acquired by the bank may enter into an agreement with the bank to defer or reamortize part or all of the special assessments. The governing body of the municipality shall provide for such deferral or reamortization by passage of an ordinance, if a city, and by passage of a resolution by any other municipality. 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 or resolution providing for such deferral or reamortization.”

  1. How does the ordinance address the ‘use of money received from sale of property’ provision contained in state statute (KSA 12-5910)?

Ordinance

“(l) Any money derived from the sale of property by the land bank shall be retained by the land bank. Any funds 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.”

State Statute

“(a) Except as provided in paragraph (b), any moneys derived from the sale of property by the bank shall be retained by the bank for the purposes and operations thereof.

(b) The board may use all or any part of the proceeds from the sale described in paragraph (a) to reimburse any municipality for delinquent special assessments due on such property.”

  1. How does the ordinance address the ‘advisory committees; establishment’ provision contained in state statute (KSA 12-5911)?

Ordinance does not contain any relevant provisions

State Statute

“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 neighborhood advisory committees, the board shall determine the boundaries of each neighborhood. In the absence of a resolution by the board providing otherwise, each advisory committee shall consist of not less than five nor 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 bank and to receive the advice of the members of the advisory committee concerning any matter which comes before the committees.”

  1. Does the ordinance establish a land bank staff?

Yes. The ordinance contains the following provision:

“(c) The land bank staff shall consist of the administrative staff of the city.”

  1. Does the ordinance contain any additional property stipulations?

Yes. The ordinance contains the following provision:

“(g) Property available for inclusion in the land bank shall include, but not be limited to:

(1) Parcels of tax delinquent property foreclosed on by the County of McPherson pursuant to K.S.A. 79-2401 et seq. and acquired by the land bank board of trustees (only property that has the potential for development within a reasonable period of time and has been accepted by the land bank board of trustees will be identified for inclusion in the land bank);

(2) Property currently held in the name of the city designated on the city records for the land bank;

(3) Parcels of property donated by other governmental entities;

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(4) Property purchased by the land bank board of trustees; and

(5) Property offered to and affirmatively accepted by the land bank.”

  1. Does the ordinance mention an incentive program to encourage development?

Yes. The ordinance contains the following provision:

“(h) The land bank board of trustees may offer such incentives as it deems appropriate to encourage the development of land bank property.”

  1. Does the ordinance contain any unique provisions?

Yes. The ordinance contains the following provisions:

“(f) For any property acquired by the land bank, the trustees shall…

(6) Develop such policies and procedures as the board determines reasonable and necessary to effectuate the purposes of the land bank.”

“(i) (1) The land bank staff shall consult with any individuals, organizations and developers which may be affected by a land bank development project and pass on to the land bank board of trustees the recommendations and concerns of individuals, organizations and developers.

(2) Proposals will be reviewed by the land bank staff and forwarded to the land bank board of trustees along with recommendations and/or concerns of affected individuals, organizations and developers.”

  1. Does the ordinance contain a provision incorporating KSA 12-5901 provisions and amendments thereto?

Yes. The ordinance contains the following provision:

“(n) Statutory authority. The provisions of this division shall at all times be consistent with K.S.A. 12-5901 et seq. and amendments thereto.”

Moundridge

The ordinance text can be found here: http://moundridgeks.citycode.net/index.html#!articleLandBank

A PDF version can be found here.

Ordinance Citation: Moundridge, Kan., Code ch. XII, art. 3 (Ranson Citycode Financial, current through Mar. 18, 2019 legislation).

  1. What is the city’s population?

1,874 (U.S. Census 2017)

  1. What year was the city land bank established?

Unknown

  1. Does the ordinance contain a ‘Statement of Purpose’?

Yes. The ordinance contains the following provision:

12-301. Purpose.

“The City of Moundridge, Kansas Land Bank is hereby created. The purpose of creating the City of Moundridge, Kansas Land Bank is to implement the authority granted through K.S.A. 12-5901 et seq., to establish or dissolve a City land bank. The City of Moundridge, Kansas Land Bank will be a quasi-governmental entity with all statutory authority, but with the primary responsibility and authority for maintaining and selling real property located within the City to help achieve the City's goal of returning municipally owned property to private ownership, cost effectively maintain the property, conformance with the goals of the City's Comprehensive Plan, and the encouragement of economic development. The City of Moundridge, Kansas Land Bank is intended to assist in the elimination of barriers to returning properties to private ownership and productive use, and to help facilitate the strategic conveyance of property.”

  1. How does the ordinance address the ‘city land banks; definitions’ provision contained in state statute (KSA 12-5901)?

Ordinance

12-302.Definitions.

“As used in this article:

Citymeans the City of Moundridge, Kansas, unless otherwise specifically stated.

Boardmeans the Board of Trustees of the City of Moundridge, Kansas Land Bank.

Bankmeans the City of Moundridge, Kansas Land Bank.

Governing Bodymeans the Governing Body of the City.”

State Statute

“As used in this act:

(a) ‘City’ means any city.

(b) ‘Board’ means the board of trustees of the city land bank.

(c) ‘Bank’ means the city land bank established pursuant to this act.

(d) ‘Governing body’ means the governing body of the city.

(e) ‘Municipality’ means any city, county or other political or taxing subdivision which has the power to levy special assessments.”

  1. How does the ordinance address the ‘city governing body; establishment, dissolution; board of trustees’ provision contained in state statute (KSA 12-5902)?

Ordinance

12-303. Land Bank Board of Trustees; Appointment, Terms and Dissolution.

“(a)There is hereby established a Land Bank Board of Trustees. The Board shall be composed of the entire membership of the Governing Body of the City. ex officio, who shall be the voting members, and one additional member appointed by the Mayor who shall be a non-voting member and who shall be a City staff member.

(b)The term of office of each voting member of the Board of Trustees shall be coterminous with that member's term of office on the Governing Body of the City. The non­voting member of the Board of Trustees shall serve at the pleasure of the Mayor.

(c)The Bank may be dissolved by ordinance of the Governing Body of the City. 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.”

State Statute

“(a) The governing body may establish a city land bank by adoption of an ordinance.

(b) The bank shall be governed by a board of trustees. The governing body may appoint the board. City governing body members may serve on or as the board of trustees. Vacancies on the board shall be filled by appointment for the unexpired term.

(c) The governing body may advance operating funds to the bank to pay expenses of the board of trustees and the bank. Members of the board of trustees 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 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.”

  1. How does the ordinance address the ‘cash basis; budgets; accounts and records; annual reports’ provision contained in state statute (KSA 12-5903)?

Ordinance

12-306. Land Bank; Operational Requirements.

“The Land Bank shall be subject to the following requirements:

(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 and reviewed and approved by the Governing Body. If the Governing Body elects not to ratify the budget, it must reject the plan in its entirety and remand it back to the Board with specific recommendations for reconsideration.

(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 KORA and amendments thereto.

(e) Any moneys of the Bank which are not immediately required for the purposes of the Bank, such requirements including but not limited to paying debt associated with the acquisition of such land, shall be invested in the manner prescribed 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 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 Bank. A copy of such inventory shall also be published in the official City newspaper on or before January 31 of each year.

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

State Statute

“(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 board of county commissioners 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 bank. A copy of such inventory also shall be published in the official city newspaper on or before January 31 of each year.

(g) The bank shall be subject to the provisions of K.S.A. 9-1401 et seq., and amendments thereto.”

  1. How does the ordinance address the ‘composition of board; open meetings; conflict of interest; suits’ provision contained in state statute (KSA 12-5904)?

Ordinance

12-305. Land Bank Board; Organization.

“(a)The Board officers shall consist of: (1) a chairperson, who shall be the Mayor, (2) a vice-chairperson who shall be the President of the Council, and (3) a treasurer who shall be the non-voting appointee. Each officer shall be appointed annually but may serve in such office for less than one year as the term. of office of the chairman and vice­ chairperson shall be coterminous with that member's term as Mayor or President of the Council of the Governing Body of the City. The treasurer shall be removed from membership of the Land Bank if no longer serving as a member of City Staff. The treasurer shall be bonded in such amounts as the Governing Body 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 KOMA, 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 provision s of the laws of the State of Kansas (the “State”) 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 judgment or decree entered against such member and, further, shall be defended at the cost and expense of the Bank in any such proceeding.”

State Statute

“(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, 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 provision of 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 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 bank in any such proceeding.”

  1. How does the ordinance address the ‘powers of the board’ provision contained in the state statute (KSA 12-5905)?

Ordinance

12-304.Land Bank Board of Trustees; Powers and Duties.

“(a) To sue and be sued.

(b) To enter into contracts.

(c)To appoint and remove staff and provide for the compensation thereof.

(d)To acquire, by purchase, gift or devise, and convey any real property, including easements and reversionary interests, and any personal property, subject to the provisions of this article and State law. Any property acquired by the City, McPherson County or any other city or taxing subdivision within McPherson 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 this Subsection shall not be subject to any bidding requirements and shall be exempt from any provisions of law requiring a public sale.

(e)The fee simple title to any real estate which is sold by McPherson County in accordance with the provisions of K.S.A. 79-2803 and 79-2804, 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

(f) To rebate all, or any portion thereof, the taxes on any property sold or conveyed by the Bank.”

“(h) To exercise any other power which may be delegated to the Bank by the Governing Body, by Ordinance, Resolution, or regular motion.

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

State Statute

“The board may:

(a) Sue and be sued;

(b) enter into contracts;

(c) appoint and remove staff and provide for the compensation thereof;

(d) 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 act;

(e) rebate all, or any portion thereof, the taxes on any property sold or conveyed by the bank;

(f) exercise any other power which may be delegated to the land bank by the governing body; and

(g) exercise any other incidental power which is necessary to carry out the purposes of the land bank and this act.”

  1. How does the ordinance address the ‘transfer of property’ provision contained in state statute (KSA 12-5906)?

Ordinance

12-304.Land Bank Board of Trustees; Powers and Duties.

“(d)To acquire, by purchase, gift or devise, and convey any real property, including easements and reversionary interests, and any personal property, subject to the provisions of this article and State law. Any property acquired by the City, McPherson County or any other city or taxing subdivision within McPherson 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 this Subsection shall not be subject to any bidding requirements and shall be exempt from any provisions of law requiring a public sale.

(e)The fee simple title to any real estate which is sold by McPherson County in accordance with the provisions of K.S.A. 79-2803 and 79-2804, 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.”

State Statute

“(a) Any property acquired by the city, the county, another city or other taxing subdivision within the county may be transferred to the 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.

(b) 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 acceptance by the board of trustees 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.”

  1. How does the ordinance address the ‘administration of property; duties of board’ provision contained in state statute (KSA 12-5907)?

Ordinance

12-304.Land Bank Board of Trustees; Powers and Duties.

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“(g)The Board shall assume possession and control of any property acquired by it under this article or State law 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 utilization 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;

(5)Establish and maintain records and accounts reflecting all transactions, expenditures and revenues in relation 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. To encourage sales within a competitive commercial market, land to be sold must be identified in the notice, but the name of the purchasing party need not be publicly announced if such announcement is not required wider the Kansas Open Records Act (KORA), K.S.A. 45-215 et seq. or Kansas Open Meeting Act (KOMA), K.S.A. 75-4317 et seq.”

State Statute

“The board shall assume possession and control of any property acquired by it under this act and shall hold and administer such property. In the administration of property, the board shall:

(a) Manage, maintain and protect or temporarily use for a public purpose such property in the manner the board deems appropriate;

(b) compile and maintain a written inventory of all such property. The inventory shall be available for public inspection and distribution at all times;

(c) study, analyze and evaluate potential, present and future uses for such property which would provide for the effective reutilization of such property;

(d) 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;

(e) 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

(f) thirty days prior to the sale of any property owned by the bank, publish a notice in the official city newspaper announcing such sale.”

  1. How does the ordinance address the ‘sale of property by board; conditions’ provision contained in state statute (KSA 12-5908)?

Ordinance

12-306. Land Bank; Operational Requirements.

“The Land Bank shall be subject to the following requirements…

(h)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 effective utilization.

(i)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.

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

State Statute

“(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 effective reutilization. The sale of any real property by the board under the provisions of this act on which there are delinquent special assessments to finance public improvements shall be conditioned upon the approval of the governing body of the municipality which levied the special assessments.

(b) The board, for purposes of land disposition, may consolidate, assemble or subdivide individual parcels of property acquired by the bank.”

  1. How does the ordinance address the ‘exemption of property from taxation; exceptions’ provision contained in state statute (KSA 12-5909)?

Ordinance

12-306. Land Bank; Operational Requirements.

“The Land Bank shall be subject to the following requirements…

(k) 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.

(l)Except for special assessments levied by the City to finance public improvements, when the Board acquires property pursuant to this article and State law, the McPherson County Treasurer shall be notified by the Board to 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.

(m) Property held by the Bank shall remain liable for special assessments levied by the City for public improvements, but no payment thereof shall be required until such property is sold or otherwise conveyed by the Bank. The Bank and the City may enter into any such Agreements regarding collection of special assessments which are lawful.

(n)The Governing Body may abate part or all of any special assessments which it has levied on property acquired by the Bank, 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 McPherson County Treasurer as of the effective date of the abatement.

(o)If the Governing Body has levied special assessments on property acquired by the Bank, the Governing Body may enter into an agreement with the Bank to defer or reamortize part or all of the special assessments. 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 or resolution providing for such deferral or reamortization.”

State Statute

“(a) Until sold or otherwise disposed of by the bank and except for special assessments levied by a municipality 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.

(b) Except for special assessments levied by a municipality to finance public improvements, when the board acquires property pursuant to this act, 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.

(c) 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.

(d) The governing body of any municipality which has levied special assessments on property acquired by the bank may abate part or all of the special assessments, and the bank and 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 of any municipality which has levied special assessments on property acquired by the bank may enter into an agreement with the bank to defer or reamortize part or all of the special assessments. The governing body of the municipality shall provide for such deferral or reamortization by passage of an ordinance, if a city, and by passage of a resolution by any other municipality. 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 or resolution providing for such deferral or reamortization.”

  1. How does the ordinance address the ‘use of money received from sale of property’ provision contained in state statute (KSA 12-5910)?

Ordinance

12-306. Land Bank; Operational Requirements.

“The Land Bank shall be subject to the following requirements…

(p)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 part of the proceeds from such sale to reimburse the City for delinquent special assessments due on such property, or to pay off any debt associated with the acquisition of the property by either the City or the Bank.”

State Statute

“(a) Except as provided in paragraph (b), any moneys derived from the sale of property by the bank shall be retained by the bank for the purposes and operations thereof.

(b) The board may use all or any part of the proceeds from the sale described in paragraph (a) to reimburse any municipality for delinquent special assessments due on such property.”

  1. How does the ordinance address the ‘advisory committees; establishment’ provision contained in state statute (KSA 12-5911)?

Ordinance

12-304. Land Bank Board of Trustees; Powers and Duties.

“(j) The Board may establish separate neighborhood or City advisory committees consisting of persons living or owning property within the City, McPherson County or the neighborhood and determine the boundaries of each neighborhood committee. 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 appointee\ 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 bank and to receive the advice of the members of the advisory committee concerning any matter which comes before the committees.”

State Statute

“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 neighborhood advisory committees, the board shall determine the boundaries of each neighborhood. In the absence of a resolution by the board providing otherwise, each advisory committee shall consist of not less than five nor 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 bank and to receive the advice of the members of the advisory committee concerning any matter which comes before the committees.”

  1. Does the ordinance establish a land bank staff?

No

  1. Does the ordinance contain any additional property stipulations?

No

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  1. Does the ordinance mention an incentive program to encourage development?

No

  1. Does the ordinance contain any unique provisions?

No

  1. Does the ordinance contain a provision incorporating KSA 12-5901 provisions and amendments thereto?

No

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