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Home My WebLink AboutCreating the Richmond County Land Bank Authority Augusta Richmond GA DOCUMENT NAME: c.. RG'AlI N d -t Ii EO ~ Ie j-\-r'\C!>IN!) too ,vl'-/ L '" tV l::, e, A l\lK ~ \YIHOJ?- i TY DOCUMENT TYPE: <K. E' S D L L> T I DN YEAR: \ ~~ lJ BOX NUMBER: ~ FILE NUMBER: '1 '?> g :5 Y. NUMBER OF PAGES: g .. r , RESOLUTION RESOLUTION CREATING THE RICHMOND COUNTY LAND BANK AUTHORITY; PROVIDING FOR GOVERNANCE OF SUCH AUTHORITY; TO PROVIDE FOR ADMINISTRATION, ACQUISITION, AND DISPOSAL OF PROPERTIES OF SUCH AUTHORITY; TO PROVIDE FOR RELATED MATTERS; TO PROVIDE AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, a.C.G.A. ~ 48-4-60, et seq., provides that upon adoption of a Resolution by a consolidated government a Land Bank Authority may be established to be a public body corporate and politic with the power to sue and be sued, to accept and issue deeds in its name, and to have other powers necessary and incidental to carry out the purposes of such Land Bank Authorities; and WHEREAS, such a Land Bank A~thority may be established to acquire the tax delinquent properties of a county to foster the public purpose of returning land which is in ~ inonrevenue- i i generating, nontax-producing status to an_effective 'utilization status in order to provide housing, new industry, and jobs for the citizens of the county; and WHEREAS, such a Land Bank Authority established by resolution of a consolidated government shall be governed by a Board composed of four (4) members to be appointed by the governing Authority of the consolidated government; and WHEREAS, Richmond County has a substantial number of tax delinquent properties that are a burden upon the taxpayers of 1 Richmond County and are in a nonrevenue-generating, nontax- producing status; NOW, THEREFORE, BE IT RESOLVED by the Augusta-Richmond County Commission as follows: Section 1. CREATION. Effective July 1, 1997, there is hereby created and established the Richmond County Land Bank Authority, established in accordance with the provisions of O.C~G.A. ~ 48-4-60, et seq., as amended by the 1997 General Assembly. Section 2. POWERS. The said Richmond County Land Bank Authority shall be a public body corporate and politic, and as such may contract and be contracted with, sue and be sued, plea and be pleaded in any court of this state having competent jurisdiction, and receive any gift, grant, donation or devise made for the use of returning land which is in nonrevenue-generating, nontax-producing status to an effective utilization status. Said Richmond County Land Bank Authority shall further have the power: (a) to accept and issue deeds in its name; (b) to have a seal and alter the same at pleasure; (c) to institute quia timet actions; (d) to employ its own staff or utilize 2 employees of the Augusta-Richmond County Commission; (e) to manage, maintain, protect, rent, lease, repair, insure, alter, sell, trade, exchange, or otherwise dispose of any property on terms and conditions determined in the sole discretion of such Authority; (f) to assemble tracts or parcels of land for public parks or other public purposes, and to that end may exchange parcels and otherwise effectuate the purposes set forth in this resolution; (g) to bid at any tax sale in Richmond County, with the right to tender one bid at such sale, which bid shall be comprised of the Authority's commitment to pay not more than all costs of the sale and its assumption of liability for all taxes, accrued inter~st thereon, and penalties; (h) to foreclose the right to redeem the property at any time after the twelve month redemption period has expired pursuant to O.C.G.A. ~ 48-4-65; (I) when property has been acquired by the Authority, to extinguish all county and city taxes, including school taxes, at the time it sells or otherwise disposes of the property, provided, however, that with respect to school taxes, the Authority shall first obtain the consent of the Richmond County Board of Education; (j) to use the rents, profits, and proceeds 3 ~ from the properties leased or sold and to provide maintenance for said properties; (k) to allocate and disperse the proceeds from any sale of property in accordance with the provisions of this resolution; (1) to have full discretion in determining the sales price of the property; and (m) to have such other and further powers as are necessary or incidental to carry out the powers granted by O.C.G.A. S 48-4-60, Bt seq. Section 3. POWERS OF AUTHORITY SUPPLEMENTAL TO POWERS CONFERRED BY OTHER LAWS. The foregoing sections of this resolution shall be deemed to provide an additional and alternative method for the doing of the things authorized thereby and shall be regarded as supplemental and additional to powers conferred by other laws, and shall not be regarded as in derogation of any powers not existing. Section 4. FINANCIAL ADMINISTRATION. (a) The fiscal year of the Richmond County Land Bank Authority shall begin on the first day of January and end on the last day of December of each year. (b) Not later than the 15th day of September in each year, the Authority shall submit to the Augusta- Richmond County Commission a tentative budget for the 4 fiscal year beginning on the succeeding first day of January. ) (c) The estimate of expenditures for operating the Authority shall be in detail, classified by activities and objects in accordance with the recommendations and requirements of the Augusta-Richmond County Commission. The budget of the Land Bank Authority shall become the budget of the Richmond County Land Bank Authority for the ensuing year, and the Augusta-Richmond County Commission shall provide funds for same and shall appropriate to the Authority to the amount set forth in said budget. (d) The Authority shall comply with the purchasing policies of Augusta-Richmond County as related to purchases for the operation of the Authority; provided, however, nothing herein contained shall be construed as imposing any limitation upon the Authority's right to acquire and dispose of tax delinquent properties in accordance with the powers granted herein and pursuant to the powers granted by O.C.G.A. ~ 48-4-60, et seq. Section 5. MANAGEMENT AND CONTROL OF RICHMOND COUNTY LAND BANK AUTHORITY COMPOSITION. Said Richmond County Land Bank Authority shall be managed and controlled by a Board composed of four (4) members to be appointed by the Augusta-Richmond County 5 .. Commission. Said Board shall be composed as follows: 1. Charles R. Oliver, so long as he serves as Administrator for Richmond County; 2. Rob Sherman, so long as he serves as the Director of Licensing and Inspection for Richmond County; 3. Keven Mack, so long as he serves as the Director of Housing and Neighborhood Development for Richmond County; and 4. Harry James. Section 6. TERM. Each member shall serve for a term of four (4) years, or until his successor is duly appointed and qualified. Section 7. VACANCIES. All vacancies on said Board shall be filled by appointment for the unexpired term. Any appointee to a vacancy on said Board shall serve only the unexpired term of his predecessor on said Board. Section 8. ORGANIZATIONS; OFFICERS; EXECUTION OF CONTRACTS. The Richm~nd County Land Bank Authority shall hold an organization mee~ing on the first Thursday in July, 1997. The Authority shall then proceed to organize by electing one of its members as Chairman for a term of one (1) year. All conveyances and contracts shall be 6 executed on behalf of the Authority by the Chairman. Section 9. MEETINGS. The Richmond County Land Bank Authority shall hold regular meetings not less frequently than once each month, the day and hour of which shall be fixed for the ensuing year at the organizational meeting. Special meetings may be called by the chairman, or by a majority of the members. All meetings shall be conducted in accordance with the open meetings law. At any special meeting only the subject or subjects referred to in the notice of such meeting shall be acted upon. A majority of the members shall constitute a quorum for the transaction of business. The minutes of each meeting shall be recorded by the secretary of such Board in a book provided for that purpose, which shall be a public record and open for inspection in the office of the Administrator for Augusta-Richmond County during regular business hours. Section-l0. TORT IMMUNITY OF AUTHORITY. The Authority shall have the same immunity and exemption from liability for torts and negligence as Augusta-Richmond County; and the officers, agents and employees of the Authority when in the performance of the work of the Authority shall have the same immunity and exemption from liability for torts and negligence as the 7 officers, agents and employees of Augusta-Richmond County when in the performance or their public duties or work. Duly adopted by the Augusta-Richmond County Commission this 1(, !J,day of -flir-, 1997. ..,.~~~ - 1 rk ale 8