General Assembly Committee Bill No. 5921
January Session, 2011 LCO No. 4856
*04856HB05921PD_*
Referred to Committee on Planning and Development
Introduced by:
(PD)
General Assembly
Committee Bill No. 5921
January Session, 2011
LCO No. 4856
*04856HB05921PD_*
Referred to Committee on Planning and Development
Introduced by:
(PD)
AN ACT AUTHORIZING THE CREATION OF LAND BANKS.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. (NEW) (Effective October 1, 2011) As used in this section and sections 2 and 3 of this act:
(1) "Member municipality" means a municipality that is a member of an authority established pursuant to section 2 of this act;
(2) "Authority" means a regional land bank authority established pursuant to section 2 of this act and having the power to acquire, assemble, dispose of and bring an action to quiet title to real property for the purpose of advancing the long-term growth, planning and economic development goals of the member municipalities; and
(3) "Board" means the managing body of the authority.
Sec. 2. (NEW) (Effective October 1, 2011) (a) Any two or more municipalities within the same planning region of the state, as defined by the Secretary of the Office of Policy and Management or said secretary's designee pursuant to section 8-31a of the general statutes, may, by concurrent resolutions duly adopted by the legislative bodies of each municipality, establish a regional land bank authority. Such authority shall be established under the name and style of "the … land bank authority", with some identifying phrase inserted. The area of operation of such authority shall be coterminous with the boundaries of its member municipalities.
(b) The managing body of the authority shall be a board that shall be charged with carrying out the corporate purposes and powers of the authority. The resolutions adopted pursuant to subsection (a) of this section shall specify the number of representatives to be appointed at any time for full terms of office. After such resolutions take effect, the legislative bodies of the member municipalities shall appoint the representatives to the land bank authority board. The qualification, terms of office for the original representatives and their successors and compensation, if any, of such representatives shall be prescribed by the legislative body of each member municipality.
(c) After the creation of an authority pursuant to this section, any other municipality in the same planning region as the member municipalities may join the authority if (1) such municipality files with the authority a resolution, duly adopted by its legislative body, requesting to join such authority, and (2) the legislative body of each member municipality duly adopts a resolution approving membership of such municipality in the authority.
(d) A member municipality may withdraw from the authority if (1) such member municipality has no outstanding debt or obligations for which the authority has entered into a contract with respect to or otherwise become legally obligated to provide payment for, (2) the member municipality files a resolution, duly adopted by its legislative body, approving the withdrawal, and (3) the other member municipalities approve of such withdrawal by a resolution duly adopted by the legislative body of each such member municipality.
(e) Upon appointment of its representatives, the board shall organize, select its chairperson and vice-chairperson from among the representatives on said board and proceed to consider those matters that have been recommended to it by the member municipalities. The board shall adopt bylaws for the conduct of its business. The board may hold such meetings and public hearings as it deems desirable and the powers of the authority shall be vested in the representatives thereof in office from time to time. A majority of the entire authorized number of representatives of the board shall constitute a quorum at any meeting thereof. Actions may be taken, motions voted and resolutions adopted by the board at any meeting of the board by vote of a majority of the representatives present, unless in any case the bylaws of the authority shall require a larger number for adoption.
(f) Any contract for sale, lease or other transfer of real property shall be approved by the legislative bodies of the member municipalities before its final approval by the authority.
Sec. 3. (NEW) (Effective October 1, 2011) Any regional land bank authority established pursuant to section 2 of this act shall constitute a public body corporate and politic, and in furtherance of its purpose shall be deemed to be exercising an essential governmental function and shall have the following powers:
(1) To adopt and have a common seal and to alter the same;
(2) To sue and be sued;
(3) To contract and be contracted with;
(4) To do and perform any acts and things authorized by the general statutes under, through or by means of its board, officers, agents or employees;
(5) To acquire, own, use, lease, operate and dispose of real property and interests in real property;
(6) To foreclose municipal tax liens on behalf of any member municipality in accordance with sections 12-181 to 12-195, inclusive, of the general statutes, provided such foreclosure by the authority is authorized by the legislative body of the member municipality;
(7) To acquire, hold, use and dispose of its income, revenues, funds and moneys;
(8) To acquire, own, hire, use, operate and dispose of personal property;
(9) To grant the use, by lease or otherwise, and to make charges for the use of any property owned or controlled by it;
(10) To borrow money and to issue its negotiable bonds or notes and to enter into any agreements with the purchasers or holders of such bonds or notes or with others for their benefit;
(11) Subject to any agreement with bondholders or noteholders, to invest moneys of the authority not required for immediate use, including proceeds from the sale of any bonds or notes, in such obligations, securities and other investments as the board of the authority deems prudent and in accordance with the laws of the state regarding the investment of public moneys;
(12) To procure insurance against any losses in connection with its property, operations or assets in such amounts and from such insurers as the board of the authority deems desirable;
(13) To mortgage any or all of its property or assets to secure the payment of its bonds, notes or other obligations;
(14) To submit to arbitration any dispute with others or among its members;
(15) To guarantee, in connection with any project, the punctual payment of the principal of and interest on the indebtedness or other contractual obligations of any of the participants in such project;
(16) To accept contributions, grants, gifts, donations, services or other financial assistance from any governmental unit, public agency or the private sector;
(17) To appoint, employ or retain attorneys, accountants, architectural, engineering and financial consultants, assistants, agents and other employees as it may deem necessary or desirable and to fix their compensation; and
(18) To exercise all other powers not inconsistent with the state Constitution or the United States Constitution, which may be reasonably necessary or appropriate for or incidental to the effectuation of its authorized purposes or to the exercise of any of the foregoing powers, and generally to exercise in connection with its property and affairs, and in connection with property within its control, any and all powers which might be exercised by a natural person or a private corporation in connection with similar property and affairs.
This act shall take effect as follows and shall amend the following sections:
Section 1 October 1, 2011 New section
Sec. 2 October 1, 2011 New section
Sec. 3 October 1, 2011 New section
This act shall take effect as follows and shall amend the following sections:
Section 1
October 1, 2011
New section
Sec. 2
October 1, 2011
New section
Sec. 3
October 1, 2011
New section
Statement of Purpose:
To authorize two or more municipalities to establish regional land banks.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]
Co-Sponsors: REP. FLEXER, 44th Dist.
Co-Sponsors:
REP. FLEXER, 44th Dist.
H.B. 5921