The purpose of creating the City of Hiawatha Land Bank is to implement the authority granted to the City's Governing Body, by K.S.A. 12-5901 et. seq. 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 to efficiently acquire, manage, and transform vacant, abandoned, and tax-foreclosed property into productive use. The City Land Bank shall also be responsible for the acquisition of title to real estate, eliminate liabilities for said real estate, and provide proper disposition of acquired property.

(Ord. 2091)

For the purpose of this article, the words set out in this Section shall have the following meanings;

(a)   City means the City of Hiawatha, Kansas.

(b)   Board means the Board of Trustees of the City Land Bank established pursuant to this article.

(c)   Bank means the City Land Bank established pursuant to this article.

(d)   Governing Body means the Governing Body of the City.

(Ord. 2091)

(a)   There is hereby established a Land Bank Board of Trustees. The Board shall be composed of one of the voting members from the Hiawatha City Commission, one of the voting members from the Hiawatha Foundation for Economic Development, and three residents of Brown County, Kansas 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 Land Bank operation. Board members shall be approved by the Governing Body.

(b)   The term of office of the members of the Board of Trustees shall be three years, except that initial appointments to the Board will be made as follows: the position from the Hiawatha City Commission for one year; two expert positions for two years; and the position from the Hiawatha Foundation for Economic Development and the other expert position for three years.

(c)   Primary staff support to the Board will be provided by the City Administrator or his designee. City staff will provide technical and professional support for Land Bank operations; additional support may be contracted as deemed necessary.

(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.

(Ord. 2091)

(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.

(Ord. 2091)

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 interest, and personal property, subject to the provisions of this article and state law. Any property acquired by the City, Brown County or any other city or taxing subdivision with Brown 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 to Brown 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.

(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 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

(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 purpose of the Land Bank, this article and state law.

(Ord. 2091)

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.

(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 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.

(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 article and state law, the Brown 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.

(Ord. 2091)