[HISTORY: Adopted by the City Council of the City of Butler 5-28-2026 by Ord. No. 1841. Amendments noted where applicable.]
A. 
This chapter is in accordance with the provisions of Pennsylvania Act 153 of 2012, 68 Pa.C.S.A. § 2101 et seq., relating to Land Banks, which is hereby adopted and incorporated herein by reference. Act 153 of 2012, as amended (hereinafter referred to as "Land Bank Act"), permits the City of Butler as a Land Bank jurisdiction to create a Land Bank via the adoption of an ordinance to create a binding legal obligation.
B. 
The Act defines a Land Bank jurisdiction as a county, city, borough, township, or incorporated town with a population of more than 10,000.
C. 
The City of Butler qualifies as a Land Bank jurisdiction with its population exceeding 10,000 residents.
The words, terms and phrases, when used in this chapter, shall have the meaning ascribed below, except where the context clearly indicates a different meaning:
BOARD
The Board of Directors of the City of Butler Land Bank.
CITY
The City of Butler, Commonwealth of Pennsylvania.
COUNTY
The County of Butler, Commonwealth of Pennsylvania.
DEPARTMENT
The Department of Community and Economic Development (DCED) of the Commonwealth of Pennsylvania.
INITIAL BOARD OF DIRECTORS
The Board members appointed to serve on the first Board of the City of Butler Land Bank.
INTERESTED PARTY
Any individual or entity that resides in, rents, or owns property within a designated radius of the subject property.
LAND BANK JURISDICTION
The geographic boundaries of the City of Butler and any areas outside the geographic boundaries of the City of Butler if permitted by the Land Bank Act.
A. 
City of Butler Land Bank. The Land Bank is established as a separate legal entity and a public body corporate and politic, to be known as the "City of Butler Land Bank," for the purposes of acting as a Land Bank under the Land Bank Act to implement and administer the Land Bank as set forth herein. The Land Bank shall have a continuous duration unless terminated and dissolved as set forth herein.
B. 
Certificate of Incorporation. The City Clerk shall file a copy of this chapter with the Pennsylvania Department of State within 10 business days of its effective date pursuant to Section 2104(b).[1] Further, upon receipt of the Certificate of Incorporation issued by the Secretary of the Commonwealth, the City Clerk shall provide the Land Bank with the same.
[1]
Editor's Note: See 68 Pa.C.S.A. § 2104(b).
C. 
Principal office. The principal office of the Land Bank shall be located within the geographical boundaries of the City. Until a suitable location is obtained, the Land Bank may utilize space within the offices of the City of Butler.
D. 
Land Bank assets. Except as otherwise provided herein, real property acquired by the Land Bank shall be held and titled in the name of the Land Bank. The City of Butler shall have no ownership interest in the real property owned by the Land Bank.
E. 
Tax exemption. In accordance with Section 2109(b) of the Land Bank Act, the real property owned by the Land Bank, its income and operations are exempt, except where specifically enumerated in the Land Bank Act.
F. 
Compliance with law. The Land Bank shall comply with applicable federal and state laws, rules, regulations, and orders.
G. 
Obligations of the Land Bank. The Land Bank has no authority to act on behalf of the City and/or to legally bind the City in any manner. Likewise, the City has no authority to act on behalf of the Land Bank and/or to legally bind the City in any manner.
H. 
No third-party beneficiaries. Except as otherwise specifically provided, this chapter does not create in any person, other than the City, and is not intended to create, by implication or otherwise, any direct or indirect benefit, obligation, duty, promise, right to be indemnified (such as contractually, legally, equitably or by implication), right to be subrogated to the City's rights under this chapter, or any other right or benefit.
I. 
Immunity. The City and any municipality or taxing jurisdiction that combines or participates in the Land Bank after the effective date shall not be liable personally on the bonds or other obligations of the Land Bank. Rights of creditors of the Land Bank shall be solely against the Land Bank pursuant to Section 2105(i) of the Land Bank Act.
J. 
Participation by taxing jurisdictions. A taxing jurisdiction may participate in the Land Bank pursuant to an intergovernmental cooperation agreement with the Land Bank. The agreement must specify the membership, if any, of the taxing jurisdiction of the Board and the actions of the Land Bank which are subject to approval by the taxing jurisdiction.
A. 
Board of Directors. The land bank shall be governed by a Board of Directors comprised of at least five Board members, but no more than seven Board members. Members of the Board shall first be nominated by the Mayor, with each nomination subject to the approval of City Council. The officers of the Land Bank Board shall be elected by majority vote of the Board members.
B. 
Initial Board members. The initial Board members nominated and approved by City Council are as follows:
(1) 
Robert Dandoy.
(2) 
Brian White.
(3) 
Gerri Paulisick.
(4) 
Jeff Geibel.
(5) 
Beth Gillan.
C. 
Terms. The terms of the Board members will be staggered to guarantee continuity of leadership on the Board. Except for the terms of the initial Board members, Board members shall be appointed to serve five-year terms, or until their successor Board member is appointed. The terms of the initial Board members are as follows:
(1) 
Robert Dandoy is approved to serve an initial term through May 1, 2027.
(2) 
Brian White is approved to serve an initial term through May 1, 2028.
(3) 
Gerri Paulisick is approved to serve an initial term through May 1, 2029.
(4) 
Jeff Geibel is approved to serve an initial term through May 1, 2030.
(5) 
Beth Gillan is approved to serve an initial term through May 1, 2031.
D. 
Officers. Board members shall elect from their members a Chairperson, Vice Chairperson, Secretary, and Treasurer who shall serve two-year terms.
E. 
Rules. The Board shall establish rules in accordance with Section 2105(d) of the Land Bank Act.
F. 
Meetings. The initial Board shall conduct its first meeting no later than 60 calendar days after receipt of the Certificate of Incorporation issued by the Secretary of the Commonwealth. The Board shall meet in regular session at least twice per year. The Pennsylvania Sunshine Act, 65 Pa.C.S.A. § 701 et seq., as amended, shall apply to the Land Bank Board. Quorum is a simple majority of the Board members then in office, excluding vacancies. Physical presence of the Board members is required in accordance with Section 2105(g) of the Land Bank Act.
G. 
Removal. Board members serve at the pleasure of City Council and may be removed by City Council at any time with or without cause or may be removed pursuant to any other provision of Pennsylvania law.
H. 
Voting.
(1) 
All actions of the Board shall be approved by the affirmative vote of a majority of the members of the Board present and voting; provided, however, that the matters listed below require the approval of the majority of the total Board members:
(a) 
Adoption of bylaws, policies and procedures, and other rules and regulations for conduct of the Land Bank's business.
(b) 
Hiring or firing of any employee or contractor of the Land Bank. This function may, by a majority vote of the total Board membership, be delegated to a specific officer or committee of the Land Bank, under such terms and conditions and to the extent that the Board may specify.
(c) 
Incurring debt.
(d) 
Adoption or amendment of the annual budget.
(e) 
Sale, lease, encumbrance, or alienation of real property, improvements or personal property.
(f) 
Discharge and extinguishment of liens or claims for real property taxes owed on real property owned by the Land Bank.
(2) 
A Board member may not vote by proxy. A Board member may request a recorded vote on any resolution or action by the Land Bank.
I. 
Board responsibilities. The Board shall have all powers necessary to carry out and effectuate the purposes and provisions of this chapter and the Land Bank Act, including, but not limited to, the powers set forth in Sections 2107 and 2117(a) of the Land Bank Act.
J. 
Fiduciary duty. The Board members are under a fiduciary duty to conduct the activities and affairs of the Land Bank in the best interests of the Land Bank, including the safekeeping and use of all Land Bank monies and assets.
K. 
Compensation. The members of the Board shall receive no compensation for the performance of their duties. A Board member may engage in private or public employment, or in a profession or business, except to the extent prohibited by Pennsylvania law. The Land Bank may reimburse members of the Board for actual and necessary expenses incurred in the discharge of their official duties on behalf of the Land Bank.
A. 
The Land Bank shall develop policies and procedures necessary to implement and administer the Land Bank in accordance with applicable law.
B. 
As part of its policies and procedures, the Land Bank shall adopt strict ethical guidelines for the Land Bank Board members, employees, and agents to avoid conflicts of interest.
C. 
The Land Bank shall submit to the City of Butler an annual report by December 31 of each year. The annual report shall detail its performance and report on its yearly progress towards its goals. The annual report shall include the items listed below:
(1) 
A listing of properties acquired by the Land Bank.
(2) 
A listing of properties disposed of by the Land Bank; the sale price for which the property was conveyed; the party to whom the property was conveyed; the intended use of the property; and data showing the extent to which dispositions have met the goals of the Land Bank.
(3) 
The annual report must be approved by the Board and submitted to City Council and filed with the City Clerk.
(4) 
If the Land Bank is unable to deliver an annual report showing achievement or reasonable progress toward achievement of its goals, the Land Bank shall include with the annual report a remedial plan to be implemented during the subsequent year.
A. 
Land Bank records. The Land Bank shall keep and maintain at the principal office of the Land Bank all documents and records of the Land Bank. The records of the Land Bank shall include, but not be limited to, a copy of this chapter along with any amendments to the chapter. The records and documents shall be maintained until the termination of this chapter and shall be delivered to any successor entity.
B. 
Financial statements and reports. The Land Bank shall cause to be prepared, at the Land Bank's expense, audited financial statements (balance sheet, statement of revenue and expense, statement of cash flow and changes in fund balance) on an annual basis. Such financial statements shall be prepared in accordance with generally accepted accounting principles and accompanied by the written opinion of an independent certified public accounting firm.
C. 
Annual budget. The executive director, or other individual designated by the Board, shall annually prepare a budget for the Land Bank. The Board shall review and approve a budget for the Land Bank immediately preceding each fiscal year.
(1) 
The annual budget shall be balanced.
(2) 
Funding sources must be identified and approved before expenses may be incurred.
(3) 
The Land Bank shall deposit and invest funds of the Land Bank, not otherwise employed in carrying out the purposes of the Land Bank, in accordance with an investment policy established by the Board consistent with laws and regulations regarding investment of public funds.