Chapter 19 · Beloit Land Bank
Article 3. Operational Requirements.
19-301 Administration of property.
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:
(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)Thirty (30) days prior to the sale of any property owned by the Bank, publish a notice in the official City newspaper announcing such sale.
(Ord. 2295)
19-302 Transfer of property.
(a)Any property acquired by the City, Mitchell County or any other city or taxing subdivision within Mitchell 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 Article shall not be subject to any bidding requirements and shall be exempt from any provisions of law requiring a public sale.
(b)The fee simple title to any real estate which is sold to Mitchell County in accordance with the provisions of K.S.A. 79-2803 and 79-2804, and amendments thereto, upon acceptance by the Board, may be transferred to the Bank by a good and sufficient deed by the Mitchell County Clerk upon a written order from the Mitchell County Board of County Commissioners.
(Ord. 2295)
19-303 Budget; records; report.
The 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.
(Ord. 2295)
19-304 Sale of 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.
(b)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.
(c)The Board, for the purpose of land disposition, may consolidate, assemble or subdivide individual parcels of property acquired by the Bank.
(Ord. 2295)
19-305 Exemption of property from taxation.
(a)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.
(b)Except for special assessments levied by the City to finance public improvements, when the Board acquires property pursuant to this Article, the Mitchell 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 the City for 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 any special assessments which it has levied on property acquired by the Bank, and the Bank and the City 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 and bank may enter into an agreement with the bank to defer or reamortize part or all of the special assessments which have been levied by the City. The Governing Body shall provide for such deferral or reamortization by passage of an ordinance. Any special assessments that are deferred or reamortized shall be correct on the tax rolls by the Mitchell County Treasurer as of the effective date of the ordinance.
(Ord. 2295)
19-306 Use of money received from sale of property
(a)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 part of the proceeds from such sale to reimburse the City for delinquent special assessments due on such property.
(Ord. 2295)
19-307 Advisory committees.
The Board may, but is not required to, 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.
(Ord. 2295)