In establishing a land bank, the City is providing staff with another tool to foster the return of blighted and tax-delinquent properties to usable condition for the benefit of the community. The City of Garnett Land Bank is an independent agency and instrumentality of the City with the primary responsibility and authority to acquire, hold, manage, transform, and convey surplus City properties and other abandoned, tax foreclosed, or otherwise distressed properties, in order to restore these properties to productive use

(Ord. 4246; Code 2023)

(a)   CITY means the City of Garnett, Kansas;

(b)   COUNTY means the County of Anderson, Kansas;

(c)   BOARD means the board of trustees of the Land Bank established pursuant to this ordinance;

(d)   BANK means the Land Bank established pursuant to this ordinance;

(e)   GOVERNING BODY means the Governing Body of the City of Garnett, Kansas;

(f)   MUNICIPALITY means any city, county, or other political or taxing subdivision which has the power to levy special assessments.

(Ord. 4246; Code 2023)

(a)   There is hereby established the The Garnett Land Bank, pursuant to K.S.A. 12-5901 et. seq.

(b)   The Bank shall be governed by a Board of Trustees composed of seven members.

(c)   Board members shall be appointed by the Governing Body. Vacancies on the Board shall be filled by appointment for the vacant unexpired term. The term of office of the Board members shall be three years.

(d)   Primary staff support to the Board shall be provided by the Planning and Zoning Official or his/her designee. City Staff shall provide technical and professional support for Land Bank operations; additional support may be contracted as deemed necessary.

(e)   The Bank may be dissolved by ordinance, with or without cause. In any such case, all property of the Bank shall be transferred to and held by the City of Garnett, and may be disposed of as otherwise provided by law.

(Ord. 4246; Code 2023)

(a)   The powers and duties of the Board of Trustees shall be as follows:

(1)   To sue and be sued;

(2)   To enter into contracts;

(3)   To acquire, by purchase, gift, or devise, and to convey any real property, including easements and reversionary interests, and personal property subject to the provisions of the ordinance and State law;

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

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

(6)   To exercise any other incidental power which is necessary to carry out the purposes of the Land Bank and state law.

(b)   Any property acquired by the City, the County, or any other taxing subdivision within the City or county, my be transferred to the Bank. The Board may accept or refuse to accept any property authorized to be transferred pursuant to the ordinance, or State law. The transfer of any property pursuant to this subsection shall not be subject to any bidding requirement and shall be exempt from any provision of law requiring a public sale.

(c)   The fee simple title to any real estate which is sold to the county in accordance with the provisions of K.S.A. 79-2803 and 79-2804, and amendments thereto, and upon acceptance by the board of trustees may be transferred to the bank by a good and sufficient deed by the county clerk upon written order by the board of county commissioners.

(d)   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 allsuch 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 relating to the Bank's activities, including separate itemization of all transactions, expenditures, and revenues concerning each individual parcel of property acquired; and

(6)   Not less than thirty days prior to the sale of any property owned by the Bank, publish a notice in the official newspaper of the City, announcing such sale.

(Ord. 4246; Code 2023)

(a)   The Board shall select annually, from its membership, a chairperson, vice-chairperson, and a treasurer. The treasurer shall be bonded in such amounts as the Governing Body may require. The Zoning Administrator or his/her designee shall serve as Secretary.

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

(c)   The Board shall fix the time and place at which its meetings shall be held. Such meetings shall be subject to the provisions of KSA 75-4317 et. seq., and amendments thereto.

(d)   A majority of theBoard 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, KSA 75-4301 et. seq., and amendments thereto.

(f)   Subject to the provisions of KSA 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 their 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.

(Ord. 4246; Code 2023)

(a)   The Bank shall be subject to the provisions of the cash-basis law, KSA 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. 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 for the Board.

(d)   All records and accounts shall be subject to public inspection pursuant to KSA 45-216 et. seq., and amendments thereto.

(e)   All moneys of the Bank which are not immediately required for the purposes of the Bank shall be invested in the manner provided by KSA 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, and quarterly thereafter, 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 newspaper of the City 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 KSA 9-1401 et. seq., and amendments thereto.

(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. The sale of any real property by the Board, under the provisions of this article or state law, on which there are delinquent special assessments to finance public improvements shall be conditioned upon the approval of the Governing Body.

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

(j)    Until sold or otherwise disposed by the Bank and except for special assessments levied by the City to finance public improvements, any property acquired by the Bank shall be exempt from the payment of ad valorem taxes levied by the state and any other political or taxing subdivision of the state.

(k)   Except for special assessments levied by a municipality to finance public improvements, when the Board acquires property pursuant to this ordinance and state law, the county treasurer shall remove from the tax rolls all taxes, assessments, charges, penalties, and interest that are due and payable on the property at the time of acquisition by the Board.

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

(m)  The Governing Body may abate part or all of the special assessments which it has levied upon 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.

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

(Ord. 4246; Code 2023)