[HISTORY: Adopted by the City Commission of the City of Parsons 6-21-2021 by Ord. No. 6495. Amendments noted where applicable.]
The purpose of creating the Parsons Land Bank is to implement
the authority granted to the governing body by K.S.A. § 12-5901
et seq. to establish or dissolve a land bank. The Parsons Land Bank
will be a quasi-governmental entity with the primary responsibility
and authority to acquire and cost-effectively maintain distressed
properties, eliminate barriers to private ownership of acquired property
and strategically convey acquired properties to productive and/or
properly maintained use which best benefits the community as determined
by the land bank Board of Trustees.
For the purpose of this chapter, the words set out in this section
shall have the following meanings:
The Parsons Land Bank established pursuant to this chapter.
The Board of Trustees of the Parsons Land Bank.
The City of Parsons, Kansas.
The governing body of the City of Parsons.
A.
There is hereby established a Land Bank Board of Trustees. The Board
shall be composed of five members. The Board shall be composed of
at least one City Commissioner of Parsons selected by the City Commission,
with the Parsons City Commission appointing the remaining other trustees
with expertise in land development, construction, development finance,
real estate, sales or marketing, real estate law, neighborhood growth
and development, or expertise related to the responsibilities of the
Parsons Land Bank operation. Department heads and other employees
of the City of Parsons may be appointed as trustees, but in no event
shall there be more than two City employees on the Board at the same
time. The Parsons City Manager shall be an ex-officio member of the
Board as a nonvoting member. Vacancies on the Board shall be filled
by appointment for the unexpired term.
B.
The term of office of the Board members appointed by the City Commission
shall be three-year terms except that the term of any Board member
who is a City employee or City Commissioner shall terminate and be
vacated in the event the City employee or City Commissioner is no
longer employed by the City of Parsons or is no longer a City Commissioner.
C.
Primary City staff support to the Board will come from the City Manager,
or his or her designee. City staff will provide technical and professional
support for Bank operations; additional support may be contracted
as deemed necessary.
D.
The Bank may be dissolved by ordinance of the governing body, without
cause. 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.
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 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.
C.
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.
D.
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 local governmental officers and employees, including, but not limited
to, K.S.A. § 75-4301 et seq., and amendments thereto.
E.
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.
The Land Bank Board of Trustees shall have the following powers:
A.
To sue and be sued;
B.
To enter into contracts;
C.
To acquire, by purchase, gift or devise, and convey any real property,
including easements and reversionary interest, and personal property,
subject to the provisions of this chapter and state law;
D.
To rebate all or any portion thereof, the taxes on any property sold
or conveyed by the Bank;
E.
To exercise any other power which may be delegated to the Bank by
the governing body; and
F.
To exercise any other incidental power which is necessary to carry
out the purposes of the Land Bank and state law.
A.
The Board is under no obligation to accept by purchase, gift or devise,
or any other conveyance any real property. The Board shall strategically
accept properties which can be conveyed to private ownership and productive
and/or maintained use at a cost and effort acceptable to the Board.
B.
The Board may accept or refuse to accept any property authorized
to be transferred pursuant to this chapter 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 Board may offer such incentives as it deems appropriate to encourage
the development of Land Bank property.
D.
Land Bank staff may consult with any individuals, organizations and
developers which may be affected by a Land Bank development project
and pass on to the Board the recommendations and concerns of individuals,
organizations and developers.
E.
The Board may receive operating funds from the City of Parsons, Kansas
to be utilized for the purpose of paying expenses deemed necessary
in order to encourage conveyance of acquired properties to private
ownership.
F.
The Board may receive funding from private entities to be utilized
for the purpose of paying expenses deemed necessary in order to encourage
conveyance of acquired properties to private ownership.
G.
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.
H.
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.
I.
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.
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.
The Board shall assume possession and control of any property
acquired by it under this chapter or state law 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 in relation to the Bank's activities,
including separate itemizations of all transactions, expenditures
and revenues concerning each individual parcel of property acquired;
and
F.
No less than 30 days prior to the sale of any property owned by the
Bank, publish a notice in the official City newspaper announcing such
sale.
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.
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 chapter 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.
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 chapter
and state law, the Labette 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.
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.
The provisions of this chapter shall at all times be consistent
with K.S.A. § 12-5901 et seq. and amendments thereto.
