Kansas Land Bank - Johnson County

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Johnson County has two cities with land bank ordinances: Olathe and Overland Park.

Olathe

The ordinance text can be found here: https://olathe.municipal.codes/Code/2.86

A PDF version can be found here.

Ordinance Citation: Olathe, Kan., Municipal Code ch. 2.86 (Code Publishing Company, current through May 21, 2019 legislation).

  1. What is the city’s population?

137,472 (U.S. Census 2017)

  1. What year was the city land bank established?

2010

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

No

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

Ordinance

2.86.010. Definitions.

“As used in this Chapter:

‘Bank’ means the City of Olathe Land Bank established pursuant to this Chapter.

‘Board’ means the Board of Trustees of the City of Olathe Land Bank.

‘City’ means the City of Olathe.

‘Governing Body’ means the Governing Body of the City.

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

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

2.86.020. Authority and Governance.

“(A) The Governing Body of the City hereby establishes the City of Olathe Land Bank.

(B) The Bank shall be governed by a Board of Trustees. The Governing Body shall serve as the Board of Trustees. Vacancies on the Board shall be filled by appointment for the unexpired term.

(C) The Governing Body shall advance operating funds to the Bank to pay expenses of the Board and the Bank.

(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.”

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

2.86.030. Governing Law.

“(A) The Bank shall be subject to the provisions of the Kansas 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 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.”

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

2.86.040. Appointment of Officers and Conduct of Meetings.

“(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 provisions 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, 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.”

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

2.86.050. Powers of the Board.

“The Board may:

(A) Sue and be sued;

(B) Enter into contracts;

(C) Authorize the City Manager to 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 Chapter;

(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 Chapter.”

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

2.86.060. Transfer of Property to the Land Bank.

“(A) Except as otherwise provided in this Chapter, 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.”

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

2.86.070. Administration of Land Bank Property.

“The Board shall assume possession and control of any property acquired by it under this Chapter 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 (30) prior to the sale of any property owned by the Bank, publish a notice in the official City newspaper announcing such sale.”

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

2.86.080. Disposition of Land Bank Property.

“(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 Chapter on which there are delinquent special assessments to finance public improvements levied by the Governing Body shall be conditioned upon the approval of the Governing Body.

(B) The Board, for purposes 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

2.86.090. Taxes and Assessments.

“(A) Until sold or otherwise disposed of by the Bank and except for special assessments levied by the Governing Body 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 the Governing Body to finance public improvements, when the Board acquires property pursuant to this Chapter, 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 may abate part or all of the special assessments it has levied, 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.”

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

2.86.100. Use of Proceeds from the Sale of Land Bank Property.

“(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 the City bond and interest fund for delinquent special assessments due on such property.”

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

2.86.110. Neighborhood Advisory Committees.

“The Board may establish separate neighborhood or City advisory committees consisting of persons living or owning property within the 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 (5) nor more than nine (9) 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.”

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?

Yes. The ordinance contains the following provision:

2.86.060. Transfer of Property to the Land Bank.

“(C) Property subject to a foreclosure sale may only be acquired by the Board if:

(1) Such property is located within the City’s Community Development Block Grant-eligible area and Neighborhood Revitalization Area, and

(2) But for acquisition of the property by the Board (at the sole discretion of the Board), the property would not otherwise be put to productive use.”

  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

 

Overland Park

The ordinance text can be found here: http://online.encodeplus.com/regs/overlandpark-ks/doc-viewer.aspx#secid-430

A PDF Version can be found here.

Ordinance Citation: Overland Park, Kan., Municipal Code ch. 2.70 (enCodePlus, current through 2019 legislation).

  1. What is the city’s population?

191,278 (U.S. Census 2017)

  1. What year was the city land bank established?

2009

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

Yes. The ordinance contains the following provision:

2.70.010 Purpose.

“The purpose of creating the City of Overland Park Land Bank is to implement the authority granted to the City’s Governing Body, by HB2155 adopted by the Kansas Legislature in 2009, to establish or dissolve a City Land Bank by adoption of an ordinance. The City Land Bank will be a quasi-governmental entity with the primary responsibility and authority for acquiring, maintaining and selling abandoned property in order to address the problems and issues created by these distressed properties.

Among the goals the creation of the Land Bank is intended to help achieve are the elimination of blight, the enhancement of neighborhood viability and stability, the creation of opportunities for affordable and mixed income home ownership and rental, and the encouragement of economic development. The Land Bank is intended to assist in the aggregate and responsible holding of properties for future use, help in the elimination of barriers to return properties to 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

2.70.020 Definitions

“For the purpose of this Chapter the words set out in this Section shall have the following meanings:

City means the City of Overland Park, Kansas.

Board means the Board of Trustees of the City Land Bank established pursuant to this Ordinance.

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

Governing Body means 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

2.70.030 Land Bank Board of Trustees; Appointment, Terms and Dissolution.

“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.

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 non-voting member of the Board of Trustees shall serve at the pleasure of the City Governing Body.

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.”

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

2.70.050 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 of Kansas. No budget shall be adopted by the Board until it has been submitted to, 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 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 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.

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

2.70.060 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 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 Meeting 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 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

2.70.040 Land Bank Board of Trustees; Powers and Duties.

“The Land Bank Board of Trustees shall have the following 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 personal property, subject to the provisions of this Ordinance and state law. Any property acquired by the City, Johnson County or any other city or taxing subdivision within Johnson County may be transferred to the Bank. The Board may accept or refuse to accept any property authorized to be transferred pursuant to this Ordinance 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 to Johnson 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.

I. To exercise any other incidental power which is necessary to carry out the purposes of the Land Bank, this Ordinance 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

2.70.040 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 personal property, subject to the provisions of this Ordinance and state law. Any property acquired by the City, Johnson County or any other city or taxing subdivision within Johnson County may be transferred to the Bank. The Board may accept or refuse to accept any property authorized to be transferred pursuant to this Ordinance 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 to Johnson 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

2.70.040 Land Bank Board of Trustees; Powers and Duties.

“The Board shall assume possession and control of any property acquired by it under this Ordinance 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 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;

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.”

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

2.70.050 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 reutilization.

I. The sale of any real property by the Board, under the provisions of this ordinance 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

2.70.050 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 of Kansas 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 Ordinance and state law, the Johnson 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.

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.

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 County Treasurer as of the effective date of the abatement.”

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

2.70.050 Land Bank; Operational Requirements.

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

O. 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.”

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

2.70.040 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, Johnson 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 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.”

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

  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