Columbus, Georgia

Georgia's First Consolidated Government

Post Office Box 1340
Columbus, Georgia, 31902-1340
(706) 653-4013
fax (706) 653-4016

Council Members

AN ORDINANCE

NO.



An ordinance amending Chapter 2 of the Columbus Code, Land Bank

Authority, pursuant to O.C.G.A. Section 48-4-100 et seq.; increasing the number

of Authority members from four to seven; adopting all rules of procedure set

forth at O.C.G.A. Sections 48-4-101 through 48-4-112; by specifically reserving

75% of the real property taxes collected on real property conveyed by the

Authority for a period of five years, except state or school district ad

valorem tax, for defraying expenses of the Authority pursuant to O.C.G.A.

Section 48-4-110; and for other purposes.



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THE COUNCIL OF COLUMBUS, GEORGIA HEREBY ORDAINS:



SECTION 1.



Section 2-182 of the Columbus Code is hereby amended by adding a new

subsection (b) to read as follows:



?(b) Pursuant to O.C.G.A. Sections 48-4-100 and 48-4-104 and with

approval by the Land Bank Authority of Columbus, Georgia, said Land Bank

Authority of Columbus, Georgia shall continue in existence under O.C.G.A.

Section 48-4-100 et. seq. In addition to any powers bestowed by other state

law or local ordinance, the rules of procedure and all powers bestowed upon a

land bank by O.C.G.A. Section 48-4-100 through O.C.G.A. Section 48-4-112 are

hereby adopted, incorporated by reference, and shall apply to the Land Bank

Authority of Columbus, Georgia.?



SECTION 2.



Section 2-185 of the Columbus Code is hereby deleted in its entirety

and a new Section 2-185 is hereby substituted to read as follows:



?(a) Effective September 1, 2012, the Land Bank Authority of Columbus,

Georgia shall be governed by a board of seven members, four of which shall be

appointed by the Columbus Council and three additional members which shall be

nominated and approved by the Land Bank Authority and confirmed by Columbus

Council pursuant to O.C.G.A. Section 48-4-104. Each member shall serve at the

pleasure of the respective appointing authority for a term of four years and

shall serve without compensation. The Authority may reimburse a board member

for expenses actually incurred in the performance of the duties on behalf of

the Authority.



(b) The Authority shall meet in regular session according to a

schedule adopted by the Authority and also shall meet in special session as

convened by the chairperson or upon written notice signed by a majority of the

Authority members. Four members of the Authority shall constitute a quorum and

all actions of the Authority must be approved by the affirmative vote of

majority of the members of the Authority present and voting, pursuant to

O.C.G.A. Section 48-4-104(i); provided however, that no action of the Authority

shall be authorized on the following matters unless approved by a majority of

the entire Authority membership:



(1) Adoption of bylaws and other rules and regulations for conduct of the

Authority?s business;



(2) Hiring or firing of any employee or contractor of the Authority;



(3) Incurring of debt;



(4) Adoption or amendment of the annual budget; and



(5) Sale, lease, encumbrance, or alienation of real property, improvements, or

personal property with a value of more than $50,000.?



(c) The Land Bank Authority of Columbus, Georgia shall have all powers

necessary or appropriate to carry out and effectuate the purposes and

provisions of this Section and O.C.G.A. Section 48-4-100 et seq. and

particularly, the powers enumerated at O.C.G.A. Section 48-4-106, 108, 109,

110, 111 and 112.



SECTION 3.



Section 2-187 of the Columbus Code is hereby amended by adding the

following subsections:



(f) Pursuant to O.C.G.A. Section 48-4-110, the Land Bank Authority of

Columbus, Georgia shall receive 75% of the real property taxes collected on

real property, exclusive of any state or school district ad valorem tax,

conveyed by the Land Bank Authority pursuant to the laws of Georgia. Such

allocation of property tax revenue shall commence with the first taxable year

following the date of conveyance by the Land Bank Authority and shall continue

for a period of five years. Such funds shall be remitted to the Land Bank

Authority in accordance with the administrative procedures established by the

Muscogee County Tax Commissioner.



(g) At the time that the Land Bank Authority sells or otherwise

disposes of property as part of its Land Bank Authority program, the proceeds

from the sale, if any, shall be allocated as determined by the Land Bank

Authority among the following priorities:



(1) Furtherance of Land Bank Authority operations;



(2) Recovery of Land Bank Authority expenses; and



(3) Remitter to the Muscogee County Tax Commissioner for distribution to the

appropriate taxing entity in proportion to and to the extent of their

respective tax bills and costs.



Any excess proceeds shall be distributed pursuant to any applicable

intergovernmental contract or Land Bank Authority rules, regulations, or bylaws

in accordance with the public policy stated in this article or O.C.G.A. Section

48-4-100 et seq.



(h) In the event of any conflict between provisions of this article and

O.C.G.A. Sections 48-4-100 et seq., the provisions of O.C.G.A. Sections

48-4-100 et seq. shall control.



(i) All meeting of the Land Bank Authority shall be open to the public, except

as provided by Chapter 14 of Title 50, and a written record shall be maintained

at all meetings.



(j) Upon any dissolution of the Land Bank Authority pursuant to O.C.G.A.

Section 48-4-111, all real property, personal property, and other assets of the

Land Bank Authority shall become the assets of the Consolidated Government of

Columbus, Georgia.?



SECTION 4.



All ordinances and parts of ordinances in conflict with this ordinance

are hereby repealed.



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Introduced at a regular meeting of the Council of Columbus, Georgia held on the

14th day of August, 2012, introduced a second time at a regular meeting of said

Council held on the ______ day of __________, 2012, and adopted at said meeting

by the affirmative vote of ________ members of said Council.





Councilor Allen voting____________.

Councilor Baker voting____________.

Councilor Barnes voting___________.

Councilor Davis voting____________.

Councilor Henderson voting________.

Councilor Huff voting_____________.

Councilor McDaniel voting_________.

Councilor Pugh voting_____________.

Councilor Thomas voting___________.

Councilor Woodson voting__________.







______________________________ ______________________________

TINY B. WASHINGTON TERESA PIKE TOMLINSON

CLERK MAYOR











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