Resolution 2004-3

RESOLUTION NO.  2004-3

            WHEREAS, the City of Washington, Kansas, deems that it is necessary so as to beautify the City and encourage the construction of new homes to provide suitable living accommodations for residents and for increasing the tax base of the City to make lots owned by the City available for new housing; and

            WHEREAS, the City of Washington desires to establish a procedure for making lots now owned or hereafter acquired by it available for the construction of single family homes;

            NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WASHINGTON, KANSAS,  that the City establish a procedure whereby persons interested in acquiring lots suitable for single family homes to be constructed thereon owned by the City at any time  and from time to time may obtain the same.

            SECTION 1.  NOTICE OF AVAILABILITY.  At such time as the City acquires ownership of a lot or lots which it deems suitable of the construction of single family homes thereon, notice shall be published in the official city newspaper for two consecutive weeks of the availability of the same including notice that the procedure for obtaining the same may be obtained at the office of the City Clerk.  Such notice shall be in such form as is approved by the City Council from time to time.

            SECTION 2.  COST OF LOTS.  Said lots shall be made available at no cost so long as the conditions and procedures for acquiring the same are followed and the City Council shall determine the fair market value for each lot acquired in the event the person or persons acquiring the same does not comply with the conditions and procedures.

            SECTION 3.  MINIMUM BUILDING REQUIREMENTS.  The City Council of the City of Washington, Kansas, shall determine from time to time the minimum building requirements of the house to be constructed on each lot in addition to the following requirements:

            1.  Minimum 1,200 square feet.

            2.  Minimum three bedroom.

            3.  Minimum two car garage.

            4.  Compliance with the most recent Uniform Building Code and National

                Electric Code.

            5.  Minimum overhang of 18 inches and minimum of 5-12 pitch roof.

            6.  Standard setback requirements.

            SECTION 4.  APPLICATION AND TIME OF COMPLETION.  A person or persons interested in acquiring any lots owned by the City and made available under this program shall file an application on a form to be supplied by the City with the City Clerk.  The City Council may require such information from time to time as it deems appropriate, including but not limited to, plans for the house to be constructed. 

            SECTION 5.  TIME.  When an application has been approved by the City Council for a particular site, the City Council shall deed and convey said site to the approved applicant or applicants.  The City will not provide proof of the merchantability of the title of said premises which shall be the responsibility of the applicant or applicants to obtain if they desire to do so.  The deed shall contain a covenant that within six months after it is delivered, construction of the house shall be commenced and construction shall be completed within eighteen months and if either of said conditions is not met, the property shall revert to the City unless the applicant or applicants pay the City a sum equal to the fair market value of the lot as determined by the City Council.

            SECTION 6.  MISCELLANEOUS.  The following shall apply to the procedures set forth herein:

            1.  The term “lot” shall mean the particular tract of ground owned by the City and offered under the program, whether it is one or more lots or a metes and bounds description.

            2.  Participation in this program shall not prohibit participation in any other tax rebate program available.

            3.  The City Council of the City of Washington, Kansas, reserves the right to determine any questions arising under this procedure and may from time to time make variances in the procedure as it deems appropriate; provided, however, the City shall not discriminate in any way administering this program.

            SECTION 7.  This resolution shall take effect upon its adoption by the City Council of the City of Washington, Kansas.

            ADOPTED AND APPROVED by the City Council of Washington, Kansas, this 7th day of June, 2004.

                                    The City of Washington, Kansas

                                    By   /s/ Travis L. Kier, Mayor

ATTEST:

/s/ Denise M. Powell, City Clerk