14 | | - | Section 1. (NEW) (Effective from passage) (a) As used in this section: |
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15 | | - | (1) "Land bank authority" means a charitable nonstock corporation |
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16 | | - | established by a municipality, or by two or more municipalities, for the |
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17 | | - | purposes of acquiring real property, maintaining any such real |
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18 | | - | property and disposing of any such real property within such |
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19 | | - | municipality or municipalities, as applicable; |
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20 | | - | (2) "Board of directors" means the board of directors for a land bank |
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21 | | - | authority; |
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22 | | - | (3) "Municipality" means any town, city or borough, consolidated |
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23 | | - | town and city or consolidated town and borough; and |
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24 | | - | (4) "Real property" means land, subterranean or subsurface rights, |
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25 | | - | structures, any and all easements, air rights and franchises and every |
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26 | | - | estate, right or interest therein, but does not include any brownfield, as |
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27 | | - | defined in section 32-760 of the general statutes. |
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28 | | - | (b) The legislative body of any municipality, by ordinance, or the Substitute House Bill No. 7277 |
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| 19 | + | Section 1. (NEW) (Effective from passage) (a) As used in this section: 1 |
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| 20 | + | (1) "Land bank authority" means a charitable nonstock corporation 2 |
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| 21 | + | established by a municipality, or by two or more municipalities, for the 3 |
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| 22 | + | purposes of acquiring real property, maintaining any such real 4 |
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| 23 | + | property and disposing of any such real property within such 5 |
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| 24 | + | municipality or municipalities, as applicable; 6 |
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| 25 | + | (2) "Board of directors" means the board of directors for a land bank 7 |
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| 26 | + | authority; 8 |
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| 27 | + | (3) "Municipality" means any town, city or borough, consolidated 9 |
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| 28 | + | town and city or consolidated town and borough; and 10 |
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| 29 | + | (4) "Real property" means land, subterranean or subsurface rights, 11 |
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| 30 | + | structures, any and all easements, air rights and franchises and every 12 |
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| 31 | + | estate, right or interest therein. 13 |
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| 32 | + | (b) The legislative body of any municipality, by ordinance, or the 14 |
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| 33 | + | legislative bodies of two or more municipalities, by concurrent 15 |
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| 34 | + | ordinances entering into an intergovernmental cooperation agreement, 16 Substitute Bill No. 7277 |
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32 | | - | legislative bodies of two or more municipalities, by concurrent |
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33 | | - | ordinances entering into an intergovernmental cooperation agreement, |
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34 | | - | may establish a land bank authority. Any such ordinance or concurrent |
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35 | | - | ordinances, as applicable, shall set forth (1) the name of the land bank |
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36 | | - | authority, (2) the size of the board of directors, provided such board |
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37 | | - | shall consist of five, seven, nine or eleven members, (3) the |
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38 | | - | qualifications, manner of appointment and terms of office of such |
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39 | | - | board's members, and (4) the members initially appointed to serve on |
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40 | | - | such board, any of which may, notwithstanding any provision of the |
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41 | | - | general statutes, be an individual elected to an office or otherwise |
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42 | | - | employed by any such municipality. |
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43 | | - | (c) (1) Annually, the members of the board of directors of a land |
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44 | | - | bank authority shall (A) select from among themselves a chairperson, |
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45 | | - | vice-chairperson, treasurer and any other officer as such board may |
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46 | | - | deem necessary to carry out the purposes of this section, and (B) adopt |
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47 | | - | bylaws for the conduct of business in carrying out such purposes. |
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48 | | - | (2) Bylaws adopted by such board of directors shall establish |
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49 | | - | procedures relative to the attendance and participation of board |
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50 | | - | members at any meeting of such board, which procedures may |
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51 | | - | provide for removal of a member from such board for failure to |
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52 | | - | comply with such bylaws by a majority vote of the total membership |
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53 | | - | of such board, provided any individual so removed shall be ineligible |
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54 | | - | for reappointment to such board unless such reappointment is |
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55 | | - | unanimously confirmed by such board. Any such removal shall create |
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56 | | - | a vacancy on such board effective the first day of the month |
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57 | | - | immediately following such removal. Any such vacancy shall be filled |
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58 | | - | as set forth pursuant to subdivision (3) of subsection (b) of this section. |
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59 | | - | (3) (A) Each member of such board of directors shall serve without |
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60 | | - | compensation, except that such board may reimburse any such |
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61 | | - | member for expenses incurred in the performance of such member's |
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62 | | - | duties on behalf of such authority. Substitute House Bill No. 7277 |
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| 37 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07277- |
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| 38 | + | R01-HB.docx } |
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| 39 | + | 2 of 9 |
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64 | | - | Public Act No. 19-175 3 of 9 |
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| 41 | + | may establish a land bank authority. Any such ordinance or concurrent 17 |
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| 42 | + | ordinances, as applicable, shall set forth (1) the name of the land bank 18 |
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| 43 | + | authority, (2) the size of the board of directors, provided such board 19 |
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| 44 | + | shall consist of five, seven, nine or eleven members, (3) the 20 |
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| 45 | + | qualifications, manner of appointment and terms of office of such 21 |
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| 46 | + | board's members, and (4) the members initially appointed to serve on 22 |
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| 47 | + | such board, any of which may, notwithstanding any provision of the 23 |
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| 48 | + | general statutes, be an individual elected to an office or otherwise 24 |
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| 49 | + | employed by any such municipality. 25 |
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| 50 | + | (c) (1) Annually, the members of the board of directors of a land 26 |
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| 51 | + | bank authority shall (A) select from among themselves a chairperson, 27 |
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| 52 | + | vice-chairperson, treasurer and any other officer as such board may 28 |
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| 53 | + | deem necessary to carry out the purposes of this section, and (B) adopt 29 |
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| 54 | + | bylaws for the conduct of business in carrying out such purposes. 30 |
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| 55 | + | (2) Bylaws adopted by such board of directors shall establish 31 |
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| 56 | + | procedures relative to the attendance and participation of board 32 |
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| 57 | + | members at any meeting of such board, which procedures may 33 |
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| 58 | + | provide for removal of a member from such board for failure to 34 |
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| 59 | + | comply with such bylaws by a majority vote of the total membership 35 |
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| 60 | + | of such board, provided any individual so removed shall be ineligible 36 |
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| 61 | + | for reappointment to such board unless such reappointment is 37 |
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| 62 | + | unanimously confirmed by such board. Any such removal shall create 38 |
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| 63 | + | a vacancy on such board effective the first day of the month 39 |
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| 64 | + | immediately following such removal. Any such vacancy shall be filled 40 |
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| 65 | + | as set forth pursuant to subdivision (3) of subsection (b) of this section. 41 |
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| 66 | + | (3) (A) Each member of such board of directors shall serve without 42 |
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| 67 | + | compensation, except that such board may reimburse any such 43 |
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| 68 | + | member for expenses incurred in the performance of such member's 44 |
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| 69 | + | duties on behalf of such authority. 45 |
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| 70 | + | (B) No board member, and no staff as described in subsection (d) of 46 |
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| 71 | + | this section, may acquire any interest in any real property held by such 47 |
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| 72 | + | authority or in any real property to be acquired by or from such 48 Substitute Bill No. 7277 |
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66 | | - | (B) No board member, and no staff as described in subsection (d) of |
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67 | | - | this section, may acquire any interest in any real property held by such |
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68 | | - | authority or in any real property to be acquired by or from such |
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69 | | - | authority. No board member and no such staff may have any interest |
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70 | | - | in any contract or proposed contract for materials or services to be |
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71 | | - | furnished or used by such authority. The board of directors of such |
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72 | | - | authority may adopt additional bylaws to address actual and potential |
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73 | | - | conflicts of interest and ethical guidelines for such board members and |
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74 | | - | staff. |
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75 | | - | (C) No board member shall be personally liable on any bond or |
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76 | | - | obligation of such authority, and any right of a creditor shall be against |
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77 | | - | such authority only. |
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78 | | - | (4) (A) Regular meetings of such board of directors shall be held in |
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79 | | - | accordance with a schedule adopted by such board. Special meetings |
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80 | | - | of such board shall be held upon the call of the chairperson or upon a |
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81 | | - | signed petition of a majority of the total membership of such board. A |
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82 | | - | majority of the total membership of such board of directors shall |
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83 | | - | constitute a quorum for the transaction of any business. Except as |
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84 | | - | provided in subparagraph (B) of this subdivision and subsection (j) of |
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85 | | - | this section, approval of any board action shall be by a majority vote of |
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86 | | - | the members of such board present and voting. No board member may |
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87 | | - | vote by proxy. Any board member may request a roll-call vote on any |
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88 | | - | action taken by such authority. Such board shall cause minutes and a |
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89 | | - | record to be kept of each meeting. |
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90 | | - | (B) The following board actions shall be approved by a majority |
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91 | | - | vote of the total membership of such board: (i) Adoption of bylaws for |
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92 | | - | the conduct of business; (ii) hiring or firing of any employee or |
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93 | | - | contractor of such land bank authority, except that such board may |
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94 | | - | delegate the exercise of any such action to an officer of such authority |
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95 | | - | and to an extent as may be specified by such board in such delegation; |
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96 | | - | (iii) incurrence of debt; (iv) adoption or amendment of an annual Substitute House Bill No. 7277 |
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100 | | - | budget; and (v) sale, lease, encumbrance or alienation of any real |
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101 | | - | property, improvements thereto or personal property valued in an |
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102 | | - | amount exceeding fifty thousand dollars. |
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103 | | - | (d) (1) The board of directors of a land bank authority may hire an |
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104 | | - | executive director, legal counsel and any other staff such board deems |
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105 | | - | qualified to serve such authority. Such board may contract with one or |
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106 | | - | more municipalities for the staffing of such authority or of any |
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107 | | - | department or agency of any such municipality. |
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108 | | - | (2) Such board may (A) organize and reorganize the executive, |
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109 | | - | administrative, clerical and other responsibilities of such authority, |
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110 | | - | and (B) fix the duties, powers and compensation of each employee, |
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111 | | - | agent and consultant of such authority. |
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112 | | - | (e) (1) The board of directors of a land bank authority may exercise |
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113 | | - | any power necessary to carry out the purposes of this section, |
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114 | | - | including: |
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115 | | - | (A) To adopt, amend and repeal bylaws for the conduct of its |
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116 | | - | business; |
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117 | | - | (B) To sue and be sued in its own name, to plead and be impleaded |
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118 | | - | in any civil action, including, but not limited to, any such action to |
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119 | | - | clear title to property of such authority; |
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120 | | - | (C) To adopt a seal and to alter such seal; |
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121 | | - | (D) To borrow from private lenders, municipalities, the state or the |
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122 | | - | federal government any moneys necessary for the operation of such |
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123 | | - | authority; |
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124 | | - | (E) To issue negotiable revenue bonds and notes in accordance with |
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125 | | - | this section; |
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126 | | - | (F) To procure (i) insurance or guarantees from the state or the Substitute House Bill No. 7277 |
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| 79 | + | authority. No board member and no such staff may have any interest 49 |
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| 80 | + | in any contract or proposed contract for materials or services to be 50 |
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| 81 | + | furnished or used by such authority. The board of directors of such 51 |
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| 82 | + | authority may adopt additional bylaws to address actual and potential 52 |
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| 83 | + | conflicts of interest and ethical guidelines for such board members and 53 |
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| 84 | + | staff. 54 |
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| 85 | + | (C) No board member shall be personally liable on any bond or 55 |
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| 86 | + | obligation of such authority, and any right of a creditor shall be against 56 |
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| 87 | + | such authority only. 57 |
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| 88 | + | (4) (A) Regular meetings of such board of directors shall be held in 58 |
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| 89 | + | accordance with a schedule adopted by such board. Special meetings 59 |
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| 90 | + | of such board shall be held upon the call of the chairperson or upon a 60 |
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| 91 | + | signed petition of a majority of the total membership of such board. A 61 |
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| 92 | + | majority of the total membership of such board of directors shall 62 |
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| 93 | + | constitute a quorum for the transaction of any business. Except as 63 |
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| 94 | + | provided in subparagraph (B) of this subdivision and subsection (j) of 64 |
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| 95 | + | this section, approval of any board action shall be by a majority vote of 65 |
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| 96 | + | the members of such board present and voting. No board member may 66 |
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| 97 | + | vote by proxy. Any board member may request a roll-call vote on any 67 |
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| 98 | + | action taken by such authority. Such board shall cause minutes and a 68 |
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| 99 | + | record to be kept of each meeting. 69 |
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| 100 | + | (B) The following board actions shall be approved by a majority 70 |
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| 101 | + | vote of the total membership of such board: (i) Adoption of bylaws for 71 |
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| 102 | + | the conduct of business; (ii) hiring or firing of any employee or 72 |
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| 103 | + | contractor of such land bank authority, except that such board may 73 |
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| 104 | + | delegate the exercise of any such action to an officer of such authority 74 |
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| 105 | + | and to an extent as may be specified by such board in such delegation; 75 |
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| 106 | + | (iii) incurrence of debt; (iv) adoption or amendment of an annual 76 |
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| 107 | + | budget; and (v) sale, lease, encumbrance or alienation of any real 77 |
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| 108 | + | property, improvements thereto or personal property valued in an 78 |
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| 109 | + | amount exceeding fifty thousand dollars. 79 |
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| 110 | + | (d) (1) The board of directors of a land bank authority may hire an 80 Substitute Bill No. 7277 |
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130 | | - | federal government for the payment of any debt or part thereof |
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131 | | - | incurred by such authority, and to pay any premium in connection |
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132 | | - | therewith, and (ii) insurance against any loss in connection with any |
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133 | | - | real property, asset or activity of such authority; |
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134 | | - | (G) To enter into any contract or other instrument necessary, |
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135 | | - | incidental or convenient for carrying out the purposes of this section; |
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136 | | - | (H) To invest moneys of such authority in any instrument, |
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137 | | - | obligation, security or property deemed proper, and to name and use |
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138 | | - | any depository for any such moneys; |
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139 | | - | (I) To design, develop, construct, demolish, reconstruct, rehabilitate, |
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140 | | - | renovate, relocate and otherwise improve any real property or any |
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141 | | - | right or interest therein; |
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142 | | - | (J) To fix, charge and collect any rent, fee or charge for the use of |
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143 | | - | any real property of such authority and for any service provided by |
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144 | | - | such authority; |
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145 | | - | (K) To grant or acquire any license, easement, lease or option with |
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146 | | - | respect to any real property of such authority; and |
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147 | | - | (L) To enter into any collaborative relationship with any |
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148 | | - | municipality and other public and private entities for the ownership, |
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149 | | - | management, development and disposition of any real property. |
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150 | | - | (2) The board of directors of a land bank authority shall neither |
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151 | | - | possess nor exercise the power of eminent domain. |
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152 | | - | (f) (1) Notwithstanding any provision of the general statutes, a land |
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153 | | - | bank authority (A) may, on terms and conditions and in a manner |
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154 | | - | deemed proper by the board of directors of such authority, acquire any |
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155 | | - | real property or interest thereof by gift, devise, transfer, exchange, |
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156 | | - | foreclosure, purchase or other means, (B) shall hold in its own name Substitute House Bill No. 7277 |
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| 113 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07277- |
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| 114 | + | R01-HB.docx } |
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| 115 | + | 4 of 9 |
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158 | | - | Public Act No. 19-175 6 of 9 |
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| 117 | + | executive director, legal counsel and any other staff such board deems 81 |
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| 118 | + | qualified to serve such authority. Such board may contract with one or 82 |
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| 119 | + | more municipalities for the staffing of such authority or of any 83 |
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| 120 | + | department or agency of any such municipality. 84 |
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| 121 | + | (2) Such board may (A) organize and reorganize the executive, 85 |
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| 122 | + | administrative, clerical and other responsibilities of such authority, 86 |
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| 123 | + | and (B) fix the duties, powers and compensation of each employee, 87 |
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| 124 | + | agent and consultant of such authority. 88 |
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| 125 | + | (e) (1) The board of directors of a land bank authority may exercise 89 |
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| 126 | + | any power necessary to carry out the purposes of this section, 90 |
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| 127 | + | including: 91 |
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| 128 | + | (A) To adopt, amend and repeal bylaws for the conduct of its 92 |
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| 129 | + | business; 93 |
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| 130 | + | (B) To sue and be sued in its own name, to plead and be impleaded 94 |
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| 131 | + | in any civil action, including, but not limited to, any such action to 95 |
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| 132 | + | clear title to property of such authority; 96 |
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| 133 | + | (C) To adopt a seal and to alter such seal; 97 |
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| 134 | + | (D) To borrow from private lenders, municipalities, the state or the 98 |
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| 135 | + | federal government any moneys necessary for the operation of such 99 |
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| 136 | + | authority; 100 |
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| 137 | + | (E) To issue negotiable revenue bonds and notes in accordance with 101 |
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| 138 | + | this section; 102 |
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| 139 | + | (F) To procure (i) insurance or guarantees from the state or the 103 |
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| 140 | + | federal government for the payment of any debt or part thereof 104 |
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| 141 | + | incurred by such authority, and to pay any premium in connection 105 |
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| 142 | + | therewith, and (ii) insurance against any loss in connection with any 106 |
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| 143 | + | real property, asset or activity of such authority; 107 |
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| 144 | + | (G) To enter into any contract or other instrument necessary, 108 Substitute Bill No. 7277 |
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160 | | - | any property so acquired, and (C) shall create and make available for |
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161 | | - | public inspection an inventory of any property held by such authority. |
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162 | | - | (2) Such authority shall not hold any real property or interest |
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163 | | - | thereof located outside of the municipality or municipalities, as |
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164 | | - | applicable, that established such authority, and shall maintain all of its |
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165 | | - | real property in accordance with the laws of the municipality or |
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166 | | - | municipalities in which such property is located. Such authority may, |
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167 | | - | pursuant to an intergovernmental cooperation agreement with a |
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168 | | - | municipality, maintain real property located within such municipality. |
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169 | | - | (3) Any real property or interest thereof held by such authority, and |
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170 | | - | any income derived therefrom, shall be exempt from taxation by the |
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171 | | - | state and by any political subdivision thereof. |
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172 | | - | (g) (1) A land bank authority may convey, exchange, sell, transfer, |
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173 | | - | lease, grant, release, demise, mortgage or otherwise pledge or |
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174 | | - | hypothecate any interest in any real property held by such authority. |
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175 | | - | Except as may be provided in subdivision (3) of this subsection, the |
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176 | | - | board of directors of such authority may delegate to its staff the power |
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177 | | - | to contract with a legal entity for the conveyance of any such interest. |
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178 | | - | (2) Such board of directors shall set forth in such board's bylaws the |
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179 | | - | terms and conditions of any consideration to be received by such |
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180 | | - | authority for the conveyance of any interest in any real property held |
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181 | | - | by such authority, provided such consideration shall be in a form |
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182 | | - | deemed by such board to be in the best interest of such authority. |
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183 | | - | (3) The ordinance or concurrent ordinances, as applicable, adopted |
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184 | | - | pursuant to subsection (b) of this section may (A) establish an order of |
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185 | | - | priorities for the use of any interest in any real property conveyed by |
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186 | | - | such authority, and (B) require that certain means of disposing of any |
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187 | | - | such interest, or that the disposition of any such interest in certain |
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188 | | - | locations, be subject to different requirements for approval by the Substitute House Bill No. 7277 |
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192 | | - | board of directors of such authority. |
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193 | | - | (h) (1) A land bank authority may receive (A) grants or loans from |
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194 | | - | (i) the municipality or municipalities, as applicable, that established |
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195 | | - | such authority, (ii) any other municipality, (iii) the state, (iv) the |
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196 | | - | federal government, or (v) any other public or private source, and (B) |
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197 | | - | payment for (i) any service rendered, (ii) any rent or leasehold, (iii) any |
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198 | | - | consideration related to the disposition of any interest in real or |
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199 | | - | personal property held by such authority, (iv) any proceeds of |
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200 | | - | insurance coverage for any loss incurred, (v) any income from |
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201 | | - | investments, and (vi) any other asset or activity provided for under |
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202 | | - | this section. |
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203 | | - | (2) Commencing on October first immediately following the |
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204 | | - | conveyance of any interest in real property by a land bank authority, |
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205 | | - | and annually thereafter for five years, fifty per cent of the taxes |
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206 | | - | collected by a municipality pursuant to state law on any such interest |
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207 | | - | so conveyed shall be remitted to such authority by such municipality. |
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208 | | - | (i) (1) A land bank authority may issue limited obligation bonds, |
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209 | | - | pursuant to resolution of the board of directors of such authority, to |
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210 | | - | carry out the purposes of this section. Such resolution shall set forth |
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211 | | - | (A) the form and denomination of any such bond, (B) the manner of |
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212 | | - | sale at public sale or private sale and of delivery of such bond, (C) the |
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213 | | - | manner in which such bond bears interest and matures, (D) the |
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214 | | - | execution of such bond by one or more board members, and (E) any |
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215 | | - | option of such board to redeem any such bond and the manner of such |
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216 | | - | redemption. Such board shall publish such resolution in a newspaper |
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217 | | - | having general circulation within the municipality or municipalities, as |
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218 | | - | applicable, that established such authority. |
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219 | | - | (2) Such authority may pay the principal and interest of any such |
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220 | | - | bond, as well as the cost of issuance and any other incidental cost of |
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221 | | - | such bond, solely from revenues derived from the disposition of any Substitute House Bill No. 7277 |
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| 151 | + | incidental or convenient for carrying out the purposes of this section; 109 |
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| 152 | + | (H) To invest moneys of such authority in any instrument, 110 |
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| 153 | + | obligation, security or property deemed proper, and to name and use 111 |
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| 154 | + | any depository for any such moneys; 112 |
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| 155 | + | (I) To design, develop, construct, demolish, reconstruct, rehabilitate, 113 |
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| 156 | + | renovate, relocate and otherwise improve any real property or any 114 |
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| 157 | + | right or interest therein; 115 |
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| 158 | + | (J) To fix, charge and collect any rent, fee or charge for the use of 116 |
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| 159 | + | any real property of such authority and for any service provided by 117 |
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| 160 | + | such authority; 118 |
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| 161 | + | (K) To grant or acquire any license, easement, lease or option with 119 |
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| 162 | + | respect to any real property of such authority; and 120 |
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| 163 | + | (L) To enter into any collaborative relationship with any 121 |
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| 164 | + | municipality and other public and private entities for the ownership, 122 |
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| 165 | + | management, development and disposition of any real property. 123 |
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| 166 | + | (2) The board of directors of a land bank authority shall neither 124 |
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| 167 | + | possess nor exercise the power of eminent domain. 125 |
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| 168 | + | (f) (1) Notwithstanding any provision of the general statutes, a land 126 |
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| 169 | + | bank authority (A) may, on terms and conditions and in a manner 127 |
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| 170 | + | deemed proper by the board of directors of such authority, acquire any 128 |
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| 171 | + | real property or interest thereof by gift, devise, transfer, exchange, 129 |
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| 172 | + | foreclosure, purchase or other means, (B) shall hold in its own name 130 |
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| 173 | + | any property so acquired, and (C) shall create and make available for 131 |
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| 174 | + | public inspection an inventory of any property held by such authority. 132 |
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| 175 | + | (2) Such authority shall not hold any real property or interest 133 |
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| 176 | + | thereof located outside of the municipality or municipalities, as 134 |
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| 177 | + | applicable, that established such authority, and shall maintain all of its 135 |
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| 178 | + | real property in accordance with the laws of the municipality or 136 |
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| 179 | + | municipalities in which such property is located. Such authority may, 137 Substitute Bill No. 7277 |
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225 | | - | asset of such authority, except that for any refunding bond issued by |
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226 | | - | such board of directors, such authority may also make such payment |
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227 | | - | from the investment of any proceeds of such refunding bond. Any |
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228 | | - | such bond may be secured by a mortgage of any interest in any |
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229 | | - | property of such authority or by pledge of any such revenues, |
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230 | | - | including grants or contributions from the state or any agency thereof |
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231 | | - | or the federal government or any agency thereof. Any such refunding |
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232 | | - | bond shall not constitute under state law an indebtedness or pledge of |
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233 | | - | the general credit of any municipality, and shall contain a recital to |
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234 | | - | that effect. Any such bond shall be a negotiable instrument under state |
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235 | | - | law and law merchant. |
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236 | | - | (3) (A) Except as provided in subparagraph (B) of this subdivision, |
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237 | | - | (i) any such bond shall not be a debt of any municipality or of the state, |
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238 | | - | (ii) such bond shall contain a recital to that effect, and (iii) any |
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239 | | - | revenues and any interest of real property of any municipality or of the |
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240 | | - | state shall not be liable for any such bond. |
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241 | | - | (B) Any municipality that established a land bank authority may |
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242 | | - | guarantee, insure or otherwise become primarily or secondarily |
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243 | | - | obligated on the indebtedness of such authority, unless otherwise |
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244 | | - | prohibited by any other provision of the general statutes. |
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245 | | - | (j) The board of directors of a land bank authority may, by |
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246 | | - | resolution adopted by two-thirds of the total membership of such |
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247 | | - | board, dissolve such authority, provided such dissolution shall take |
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248 | | - | effect sixty days after the adoption of such resolution. Sixty days prior |
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249 | | - | to such board's consideration of such resolution, such board shall (1) |
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250 | | - | give written notice thereof to the municipality or municipalities, as |
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251 | | - | applicable, that established such authority, (2) publish notice thereof in |
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252 | | - | a newspaper having general circulation in such municipality or |
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253 | | - | municipalities, and (3) send notice thereof by certified mail to the |
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254 | | - | trustee of any outstanding bond of such authority. Each interest in real |
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255 | | - | or personal property and each asset of such authority at the time of Substitute House Bill No. 7277 |
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| 184 | + | 6 of 9 |
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257 | | - | Public Act No. 19-175 9 of 9 |
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| 186 | + | pursuant to an intergovernmental cooperation agreement with a 138 |
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| 187 | + | municipality, maintain real property located within such municipality. 139 |
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| 188 | + | (3) Any real property or interest thereof held by such authority, and 140 |
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| 189 | + | any income derived therefrom, shall be exempt from taxation by the 141 |
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| 190 | + | state and by any political subdivision thereof. 142 |
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| 191 | + | (g) (1) A land bank authority may convey, exchange, sell, transfer, 143 |
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| 192 | + | lease, grant, release, demise, mortgage or otherwise pledge or 144 |
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| 193 | + | hypothecate any interest in any real property held by such authority. 145 |
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| 194 | + | Except as may be provided in subdivision (3) of this subsection, the 146 |
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| 195 | + | board of directors of such authority may delegate to its staff the power 147 |
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| 196 | + | to contract with a legal entity for the conveyance of any such interest. 148 |
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| 197 | + | (2) Such board of directors shall set forth in such board's bylaws the 149 |
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| 198 | + | terms and conditions of any consideration to be received by such 150 |
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| 199 | + | authority for the conveyance of any interest in any real property held 151 |
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| 200 | + | by such authority, provided such consideration shall be in a form 152 |
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| 201 | + | deemed by such board to be in the best interest of such authority. 153 |
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| 202 | + | (3) The ordinance or concurrent ordinances, as applicable, adopted 154 |
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| 203 | + | pursuant to subsection (b) of this section may (A) establish an order of 155 |
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| 204 | + | priorities for the use of any interest in any real property conveyed by 156 |
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| 205 | + | such authority, and (B) require that certain means of disposing of any 157 |
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| 206 | + | such interest, or that the disposition of any such interest in certain 158 |
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| 207 | + | locations, be subject to different requirements for approval by the 159 |
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| 208 | + | board of directors of such authority. 160 |
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| 209 | + | (h) (1) A land bank authority may receive (A) grants or loans from 161 |
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| 210 | + | (i) the municipality or municipalities, as applicable, that established 162 |
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| 211 | + | such authority, (ii) any other municipality, (iii) the state, (iv) the 163 |
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| 212 | + | federal government, or (v) any other public or private source, and (B) 164 |
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| 213 | + | payment for (i) any service rendered, (ii) any rent or leasehold, (iii) any 165 |
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| 214 | + | consideration related to the disposition of any interest in real or 166 |
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| 215 | + | personal property held by such authority, (iv) any proceeds of 167 |
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| 216 | + | insurance coverage for any loss incurred, (v) any income from 168 Substitute Bill No. 7277 |
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259 | | - | dissolution shall inure to the benefit of such municipality or |
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260 | | - | municipalities, as applicable. If two or more municipalities established |
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261 | | - | a land bank authority pursuant to this section, the withdrawal of one |
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262 | | - | such municipality shall not dissolve such authority unless (A) the |
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263 | | - | concurrent ordinances entering such munic ipalities into an |
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264 | | - | intergovernmental cooperation agreement so provides, or (B) no such |
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265 | | - | municipality wishes to continue the existence of such authority. |
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| 221 | + | 7 of 9 |
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| 222 | + | |
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| 223 | + | investments, and (vi) any other asset or activity provided for under 169 |
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| 224 | + | this section. 170 |
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| 225 | + | (2) Commencing on October first immediately following the 171 |
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| 226 | + | conveyance of any interest in real property by a land bank authority, 172 |
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| 227 | + | and annually thereafter for five years, fifty per cent of the taxes 173 |
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| 228 | + | collected by a municipality or the state pursuant to state law on any 174 |
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| 229 | + | such interest so conveyed shall be remitted to such authority by such 175 |
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| 230 | + | municipality or the state. 176 |
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| 231 | + | (3) The municipality or municipalities, as applicable, that 177 |
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| 232 | + | established a land bank authority may provide for a supplemental fee, 178 |
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| 233 | + | penalty or charge to be imposed for the nonpayment by citizens of 179 |
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| 234 | + | such municipality or municipalities liable for property taxes assessed 180 |
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| 235 | + | against them. Any such supplemental fee, penalty or charge collected 181 |
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| 236 | + | by such municipality or municipalities shall be remitted to such 182 |
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| 237 | + | authority. 183 |
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| 238 | + | (i) (1) A land bank authority may issue limited obligation bonds, 184 |
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| 239 | + | pursuant to resolution of the board of directors of such authority, to 185 |
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| 240 | + | carry out the purposes of this section. Such resolution shall set forth 186 |
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| 241 | + | (A) the form and denomination of any such bond, (B) the manner of 187 |
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| 242 | + | sale at public sale or private sale and of delivery of such bond, (C) the 188 |
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| 243 | + | manner in which such bond bears interest and matures, (D) the 189 |
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| 244 | + | execution of such bond by one or more board members, and (E) any 190 |
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| 245 | + | option of such board to redeem any such bond and the manner of such 191 |
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| 246 | + | redemption. Such board shall publish such resolution in a newspaper 192 |
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| 247 | + | having general circulation within the municipality or municipalities, as 193 |
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| 248 | + | applicable, that established such authority. 194 |
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| 249 | + | (2) Such authority may pay the principal and interest of any such 195 |
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| 250 | + | bond, as well as the cost of issuance and any other incidental cost of 196 |
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| 251 | + | such bond, solely from revenues derived from the disposition of any 197 |
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| 252 | + | asset of such authority, except that for any refunding bond issued by 198 |
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| 253 | + | such board of directors, such authority may also make such payment 199 |
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| 254 | + | from the investment of any proceeds of such refunding bond. Any 200 Substitute Bill No. 7277 |
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| 259 | + | 8 of 9 |
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| 260 | + | |
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| 261 | + | such bond may be secured by a mortgage of any interest in any 201 |
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| 262 | + | property of such authority or by pledge of any such revenues, 202 |
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| 263 | + | including grants or contributions from the state or any agency thereof 203 |
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| 264 | + | or the federal government or any agency thereof. Any such refunding 204 |
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| 265 | + | bond shall not constitute under state law an indebtedness or pledge of 205 |
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| 266 | + | the general credit of any municipality, and shall contain a recital to 206 |
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| 267 | + | that effect. Any such bond shall be a negotiable instrument under state 207 |
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| 268 | + | law and law merchant. 208 |
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| 269 | + | (3) (A) Except as provided in subparagraph (B) of this subdivision, 209 |
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| 270 | + | (i) any such bond shall not be a debt of any municipality or of the state, 210 |
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| 271 | + | (ii) such bond shall contain a recital to that effect, and (iii) any 211 |
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| 272 | + | revenues and any interest of real property of any municipality or of the 212 |
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| 273 | + | state shall not be liable for any such bond. 213 |
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| 274 | + | (B) Any municipality that established a land bank authority may 214 |
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| 275 | + | guarantee, insure or otherwise become primarily or secondarily 215 |
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| 276 | + | obligated on the indebtedness of such authority, unless otherwise 216 |
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| 277 | + | prohibited by any other provision of the general statutes. 217 |
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| 278 | + | (4) Any bond issued by such authority, and any income derived 218 |
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| 279 | + | therefrom, shall be exempt from taxation by the state and by any 219 |
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| 280 | + | political subdivision of the state. 220 |
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| 281 | + | (j) The board of directors of a land bank authority may, by 221 |
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| 282 | + | resolution adopted by two-thirds of the total membership of such 222 |
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| 283 | + | board, dissolve such authority, provided such dissolution shall take 223 |
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| 284 | + | effect sixty days after the adoption of such resolution. Sixty days prior 224 |
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| 285 | + | to such board's consideration of such resolution, such board shall (1) 225 |
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| 286 | + | give written notice thereof to the municipality or municipalities, as 226 |
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| 287 | + | applicable, that established such authority, (2) publish notice thereof in 227 |
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| 288 | + | a newspaper having general circulation in such municipality or 228 |
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| 289 | + | municipalities, and (3) send notice thereof by certified mail to the 229 |
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| 290 | + | trustee of any outstanding bond of such authority. Each interest in real 230 |
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| 291 | + | or personal property and each asset of such authority at the time of 231 |
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| 292 | + | dissolution shall inure to the benefit of such municipality or 232 Substitute Bill No. 7277 |
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| 297 | + | 9 of 9 |
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| 298 | + | |
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| 299 | + | municipalities, as applicable. If two or more municipalities established 233 |
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| 300 | + | a land bank authority pursuant to this section, the withdrawal of one 234 |
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| 301 | + | such municipality shall not dissolve such authority unless (A) the 235 |
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| 302 | + | concurrent ordinances entering such municipalities into an 236 |
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| 303 | + | intergovernmental cooperation agreement so provides, or (B) no such 237 |
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| 304 | + | municipality wishes to continue the existence of such authority. 238 |
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| 305 | + | This act shall take effect as follows and shall amend the following |
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| 306 | + | sections: |
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| 307 | + | |
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| 308 | + | Section 1 from passage New section |
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| 309 | + | |
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| 310 | + | Statement of Legislative Commissioners: |
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| 311 | + | In Subsec. (c)(2), "in" was deleted in the last sentence for clarity and |
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| 312 | + | "(4)" was changed to "(3)" for accuracy; in Subsec. (e)(1)(B), "please" |
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| 313 | + | was changed to "plead" for accuracy; in Subsec. (e)(1)(J), "and" was |
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| 314 | + | changed to "or" for accuracy; in Subsec. (i)(1)(D), "more" was inserted |
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| 315 | + | before "board members" for accuracy; in Subsec. (i)(3)(B) "state law" |
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| 316 | + | was changed to "any provision of the general statutes", for clarity; and |
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| 317 | + | in Subsec. (j), "of" was inserted before "dissolution" in the penultimate |
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| 318 | + | sentence for clarity. |
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| 319 | + | |
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| 320 | + | PD Joint Favorable Subst. -LCO |
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