HomeMy Public PortalAboutOrd 656 Amendment of Municipal Code(First published in The Ark Valley News on July 9, 2020.)
ORDINANCE NO: 656
AN ORDINANCE CONCERNING THE AMENDMENT OF CHAPTER
2, ARTICLE 10, OF THE MUNICIPAL CODE OF BEL AIRE, KANSAS,
MODIFYING THE VOTING AUTHORITY OF THE LAND BANK
CHAIRMAN, WITHIN THE CITY OF BEL AIRE, KANSAS.
WHEREAS, Pursuant to K.S.A. 12-5901 et seq., the Governing Body may establish a city
land bank by adoption of an ordinance, into which city land bank any property acquired by
the city may be transferred; and
WHEREAS, Pursuant to K.S.A. 12-5902 the City Governing Body shall establish and
appoint a board of trustees for land bank by ordinance to under K.S.A 12-5904; maintain
and protect or temporarily use for a public purpose such property in the manner the Board
deems appropriate, and 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.
WHEREAS, The Chairman of the Land Bank is has voting authority and may set the
agenda and vote on all items. This is inconsistent with the public's expectation of the
limited power of the Mayor.
WHEREAS, The Governing Body and Land Bank desire to amend the Chairman's role to
mirror that of the mayor, modify the chairman's role in voting to be limited to voting only
in cases of a tie.
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF BEL
AIRE, KANSAS:
Section 1. AMENDING SECTION 16.4.6 OF THE BEL AIRE MUNICIPAL
CODE:
A. The Board officers shall consist of: 1) a chairperson who shall be the
Mayor, 2) a vice -chairperson who shall be the President of the Council, and 3) a
treasurer who shall be the non -voting appointee. The Mayor shall perform the role
of Land Bank chairperson in a consistent manner with that of the role of Mayor, as
to running the meeting, voting, vetoing, and breaking a tie. Each officer shall be
appointed annually, but may serve in such office for less than one year as the term
of office of the chairman and vice -chairperson shall be coterminous with that
member's term as Mayor or President of the Council of the Governing Body of the
City. The treasurer shall be removed from membership of the Land Bank if no
longer serving as a member of City Staff. The treasurer shall be bonded in such
amounts as the Governing Body may require.
2.10.3. Land Bank Board of Trustees; Appointment, Terms and Dissolution.
A. There is hereby established a Land Bank Board of Trustees. The Board
shall be composed of the entire membership of the Council of the City, ex officio,
who shall be the voting members, the Mayor, who shall be the Chairperson ex
officio, and serve as meeting chair consistent with the Land Bank bylaws, and one
additional member appointed by the Mayor who shall be a non -voting member and
who shall be a City staff member.
B. The term of office of each voting member of the Board of Trustees shall be
coterminous with that member's term of office on the Governing Body of the City.
The City staff member of the Board of Trustees shall serve at the pleasure of the
Mayor.
C. The Bank may be dissolved by ordinance of the Governing Body of the
City. 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.
SECTION 2. REPEAL. All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
SECTION 6. EFFECTIVE DATE. This ordinance shall take effect and be in force from
and after the publication of its summary in the Ark Valley News, and official City
newspaper.
Passed by the Governing Body on 7th day of July, 2020.
Signed by the Mayor this 7th day of July, 2020.
MAYOR, Jim Benage
[SEAL]
ATTEST:
CITY CLERK, Melissa Krehbiel