Section 24-9-10


Published: 2015

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Section 24-9-10

Section 24-9-10Incorporation of local authority.

(a) If the number of tax delinquent properties in a municipality exceeds 1,000, then the governing body of a municipality may adopt a resolution declaring that it is wise, expedient, and necessary that a local authority be formed by the municipality by the filing for record of a certificate of incorporation in accordance with the provisions of subsection (c).



(b) If the number of tax delinquent properties in a municipality exceeds 1,000, then the governing body of a county may adopt a resolution declaring that it is wise, expedient, and necessary that a local authority be formed by the county by the filing for record of a certificate of incorporation in accordance with the provisions of subsection (c).



(c) Upon the adoption of the authorizing resolution, the municipality or county, as the case may be, shall proceed to incorporate the local authority by filing for record in the office of the judge of probate of the county a certificate of incorporation which shall comply in form and substance with the requirements of this section and which shall be in the form and executed in the manner herein provided. The certificate of incorporation of the local authority shall state all of the following:



(1) The name of the local unit of government forming the local authority.



(2) The name of the local authority.



(3) The size of the initial governing body of the local authority, which shall be composed of an odd number of members, but not less than five.



(4) The qualifications, method of selection, and terms of office of the initial board members.



(5) A method for the adoption of bylaws by the governing body of the local authority.



(6) A method for the distribution of proceeds from the activities of the local authority.



(7) A method for the dissolution of the local authority.



(8) Any other matters considered advisable by the local unit of government, consistent with Act 2013-249.



(d) Following incorporation, a local authority may enter into an intergovernmental agreement with the authority providing for the transfer to the local authority of any property held by the authority which is located within the corporate limits of the municipality or the boundary of the county which created the land bank.



(e) A local authority shall have all of the powers of the authority as set forth in this chapter.



(f) A local unit of government and any agency or department of such local unit of government may do one or more of the following:



(1) Anything necessary or convenient to aid a local authority in fulfilling its purposes under Act 2013-249.



(2) Lend, grant, transfer, appropriate, or contribute funds to a local authority in furtherance of its purposes.



(3) Lend, grant, transfer, or convey funds to a local authority that are received from the federal government or this state or from any nongovernmental entity in aid of the purposes of Act 2013-249.

(Act 2013-249, p. 610, §2.)