CHAPTER I. ADMINISTRATIONCHAPTER I. ADMINISTRATION\ARTICLE 8. REVENUE, BUDGETING, FINANCE AND COMMUNITY DEVELOPMENT

(a)   There shall be a retailers’ sales tax in the City, in the amount of one percent (1%), with such tax to take effect on October 1, 2014 to be allocated as follows:

(1)   40% Sewer Improvement

(2)   30% Property Tax Relief

(3)   30% Street Improvement

(b)   The retailers’ sales tax will be subject to all applicable state laws and administrative rules and regulations of the Kansas Department of Revenue.  The services of the Kansas Department of Revenue shall be utilized to administer, enforce, and collect such tax.

(Ord. 823; Ord. 829; Code 2015)

(a)   Definitions. The definition of any term in this section shall at all times be consistent with K.S.A. 12-5901 and amendments thereto.

(b)   Board of Trustees.  The Board of Trustees for the City of Douglass Land Bank shall:

(1)   Be comprised of six members.

(2)   Have its membership be appointed by the Council for the City of Douglass;

(3)   Have its members serve for a term of four (4) years.  Members may serve more than one (1) term.  Any member who resigns shall be replaced by the Council for the City of Douglass.  Any member of the Board may be removed by Council for the City of Douglass by majority vote of the council.

(4)   Create policies for the Land Bank consistent with this section, Kansas statutes, and the stated purpose of the Land Bank listed herein.

(c)   CASH BASIS.  The bank shall be subject to the provisions of the cash-basis law, K.S.A. et seq., and amendments thereto, as provided in K.S.A. 12-5903 (a).

(d)   BUDGET.  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 Council for the City of Douglass.

(e)   ACCOUNTING AND RECORDS.  The Board shall:

(1)   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.

(2)   Make all records and accounts subject to public inspection pursuant to K.S.A. 45-216 et seq., and amendments thereto.

(3)   Invest any moneys of the bank which are not immediately required for the purposes of the bank in the manner provided by K.S.A. 12-1675, and amendments thereto.

(4)   Be subject to the provisions of K.S.A. 9-1401 et seq., and amendments thereto.

(f)   ANNUAL REPORT.  The bank shall make an annual report to the Council for the City of Douglass 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 also shall be published in the official city newspaper on or before January 31 of each year.

(g)   COMPOSITION OF BOARD; OPEN MEETINGS; CONFLICT OF INTEREST; SUITS.

(1)   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.

(2)   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.

(3)   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 provision of K.S.A. 75-4317 et seq., and amendments thereto.

(4)   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.

(5)   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.

(6)   Subject to the provisions of 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.

(h)   POWERS OF THE BOARD.  The Board may:

(1)   Sue and be sued;

(2)   Enter into contracts;

(3)   Appoint and remove staff and provide for the compensation thereof;

(4)   Acquire, by purchase, gift or devise, and convey any real property, including easements and reversionary interests, and personal property subject to the provisions of K.S.A 12-5901 et seq. and amendments thereto;

(5)   Rebate all, or any portion thereof, the taxes on any property sold or conveyed by the bank;

(6)   Exercise any other power which may be delegated to the land bank by the governing body; and

(7)   Exercise any other incidental power which is necessary to carry out the purposes of the land bank and of K.S.A 12-5901 et seq. and amendments thereto.

(i)    TRANSFER OF PROPERTY.

(1)   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.

(2)   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.

(j)    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 relating 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.

(k)   SALE OF PROPERTY; CONDITIONS.

(1)   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. The sale of any real property by the board under the provisions of this act on which there are delinquent special assessments to finance public improvements shall be conditioned upon the approval of the governing body of the municipality which levied the special assessments.

(2)   The board, for purposes of land disposition, may consolidate, assemble or subdivide individual parcels of property acquired by the bank.

(l)    PROPERTY TAX EXEMPTIONS; EXCEPTIONS.  Property of the City of Douglass Land Bank shall be governed by K.S.A 12-5909 and amendments thereto regarding taxation exemption and exceptions.

(m)  USE OF MONEY FROM SALE OF PROPERTY.

(1)   Except as provided in paragraph (b), any moneys derived from the sale of property by the bank shall be retained by the bank for the purposes and operations thereof.

(2)   The board may use all or any part of the proceeds from the sale described in paragraph (a) to reimburse any municipality for delinquent special assessments due on such property.

(n)   The board may 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.

(o)   The provisions of this article shall at all times be consistent with K.S.A. 12-5901 et seq. and amendments thereto.

(Ord. 784; Code 2015)

The following are designated as main trafficways of the city pursuant to K.S.A. 12-685 et seq. for purposes of bond financing certain improvements:

(a)   Ash Street

(b)   5th Street

(c)   6th Street

(d)   7th Street

(e)   8th Street

(f)   Maple Street

(g)   Walnut Street

(h)   Pine Street

(i)    Chestnut Street

(j)    Poplar Street

(K.S.A. 12-685 et seq.; Ord. 751; Code 2007; Code 2015)