Politics & Government

Text of Ordinance on Community Development Authority

Here is the wording of a proposed ordinance that would create a new Community Development Authority.

COMMUNITY DEVELOPMENT COMMITTEE

AN ORDINANCE CREATING WAUWATOSA CODE SECTION 2.90 PERTAINING TO THE COMMUNITY DEVELOPMENT AUTHORITY

The Common Council of the City of Wauwatosa do hereby ordain as follows:

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Part I.  Section 2.90 of the Wauwatosa Municipal Code is hereby created to read as follows:

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            Section 2.90.   COMMUNITY DEVELOPMENT AUTHORITY.

 

            A.  Authority.   Section 66.1335 of the Wisconsin Statutes authorizes the Common Council to adopt an ordinance creating a Housing and Community Development Authority.

 

            B.  Findings and Declarations.   The findings and declarations underlying Section 66.1335 of the Wisconsin Statutes are in all respects adopted, restated and incorporated herein; there exists a need for blight elimination, slum clearance, urban renewal and community development programs and projects and housing projects in the City; a Housing and Community Development Authority, functioning within the City, constitutes an effective and efficient means for preventing and eliminating slums in blighted areas and preventing the reoccurrence thereof and for the elimination of unsanitary or unsafe inhabited dwelling accommodations and to provide safe and sanitary dwelling accommodations for persons of low income; and, the necessity for said authority is hereby declared as a matter of legislative determination.

 

            C.  Creation.   Pursuant to Section 66.1335(1) of the Wisconsin Statutes, there is hereby created the Housing and Community Development Authority as a separate body politic for the purpose of carrying out blight elimination, slum clearance, urban renewal programs and projects and housing projects; which Authority shall be known as the “Community Development Authority of the City of Wauwatosa.”

 

            D.  Termination of Housing and Redevelopment Authorities.   The Housing Authority of the City of Wauwatosa created under Section 66.1201 of the Wisconsin Statutes and operating in the City is terminated and all powers, duties and functions set out in Section 66.1201 of the Wisconsin Statutes for housing authorities are hereby vested in the Community Development Authority. 

 

            The Redevelopment Authority of the City of Wauwatosa created under Section 66.1333 of the Wisconsin Statutes and operating in the City is terminated and all powers, duties and functions set out in Section 66.1333 of the Wisconsin Statutes for redevelopment authorities are hereby vested in the Community Development Authority. 

 

            E.  Commissioners.   The Mayor shall, with the confirmation of the Common Council, appoint seven (7) resident persons having sufficient ability and experience in the fields of urban renewal, community development and housing, as commissioners of the Community Development Authority.

 

                        1.  Two (2) of the commissioners shall be members of the Common Council and shall serve during their term of office as council members.

 

                        2.  The first appointments of the five (5) non-council members shall be for the following terms:  two (2) for one year and one each for terms of two (2), three (3) and four (4) years.  Thereafter, the terms of non-council members shall be four (4) years and until their successors are appointed and qualified.

 

                        3.  Vacancies shall be filled for the unexpired term as provided in this subsection.

 

                        4.  Commissioners shall be reimbursed their actual and necessary expenses including local travel expenses incurred in the discharge of their duties.

 

            F.  Powers and Duties.  

 

                        1.  The Community Development Authority shall have all powers, duties and functions set out in Sections 66.1201 and 66.1333 of the Wisconsin Statutes for Housing Authorities and Redevelopment Authorities and as to all housing projects initiated by the Community Development Authority it shall proceed under Section 66.1201 of the Wisconsin Statutes and as to all projects relating to blight elimination, slum clearance, urban renewal and redevelopment programs, it shall proceed under Sections 66.1105, 66.1301 to 66.1329, 66.1331, 66.1333 or 66.1337 of the Wisconsin Statutes as determined appropriate by the Common Council on a project by project basis.

 

                        2.  Any programs and projects which have been begun by the Housing Authority and the Redevelopment authority shall, upon adoption of this ordinance, be transferred to and completed by the Community Development Authority.  Any procedures, hearings, actions or approvals taken or initiated by the Redevelopment Authority under s. 66.1333 on pending projects are deemed to have been taken or initiated by the Community Development Authority as if the Community Development Authority had originally undertaken the procedures, hearings, actions or approvals.

 

                        3.  Any form of indebtedness issued by the Housing Authority or the Redevelopment Authority shall, upon the adoption of this ordinance, be assumed by the Community Development Authority.

 

                        4.  Upon the adoption of this ordinance, all contracts entered into between the federal government and the Housing Authority or the Redevelopment Authority, or between these authorities and other parties shall be assumed and discharged by the Community Development Authority.  Contracts entered into between the federal government and the Redevelopment Authority or the Housing Authority bind the Community Development Authority in the same manner as if originally entered into by the Community Development Authority.

 

                        5.  The Community Development Authority shall act as the agent of the City in planning and carrying out community development programs and activities approved by the Mayor and Common Council under the Federal Housing and Community Development Act of 1974.  As to all community development programs and activities undertaken by the City under the Federal Housing and Community Development Act of 1974, the Community Development Authority shall proceed under all applicable laws and ordinances not inconsistent with the laws of this State.

 

                        6.  The Community Development Authority shall act as agent of the City to perform all acts, except the development of the general plan of the City, which may be otherwise performed by the Planning Commission under Sections 66.1105, 66.1301 to 66.1329, 66.1331 or 66.1337 of the Wisconsin Statutes.

 

            G.  Tax Exemption.   Bonds issued on or after [Creation Date], by the Community Development Authority are declared pursuant to Section 66.1335(5m) of the Wisconsin  Statutes to be issued for an essential public and governmental purpose and to be public instrumentalities and, together with interest thereon and income therefrom, are exempt from taxes.

 

            H.  Controlling Law.    The powers conferred under this section shall be an addition and supplemental to the powers conferred by any other law or ordinance.  Insofar as this section is inconsistent with any other law, this section shall control.

 

            I.  Construction.   This section shall be construed liberally to effect its purposes and enumeration of specific powers herein does not restrict the meaning of any general grant of power contained in this section nor does it exclude other powers comprehended in such general grant as provided by applicable laws.

 

            J.  Severability.   If any provision of this section or any provision of any rule or regulation lawfully promulgated hereunder or any application of this section or rule or regulation promulgated hereunder to any person, firm or corporation or circumstances is held invalid or inoperative, such invalidity or inoperativeness shall not affect other provisions or applications of this section or rules or regulations.  The Common Council hereby declares the provisions of this section and all rules and regulations promulgated hereunder are severable.

 

Part II.    Section 3.58.010 is hereby renumbered as Section 3.62.005 and is amended to read as follows:

 

Whereas Wisconsin Statutes Section 66.1335 sets forth the authority and procedure of the city to create a Community Development Authority; and whereas there are administrative expenses incurred by the municipality in receiving and processing development plans to be constructed under authority of the Community Development Authority, which costs should not be borne by the City's taxpayers; it is the declared purpose of this chapter to affix a fee which is deemed to be reasonably related to the costs incurred.

 

Part III.  The remaining sections of Chapter 3.58 of the Wauwatosa Code of Ordinances are hereby repealed.

 

Part IV.  All references to the term “Redevelopment Authority” contained in Chapter 3.62 or at any other locations in the Wauwatosa Code of Ordinances are hereby amended so as to reference the “Community Development Authority”

 

Part V.  The Housing Authority of the City of Wauwatosa is hereby terminated.  Any form of indebtedness issued by the Housing Authority shall be assumed by the Community Development Authority.  All contracts entered into between the Federal government and the Housing Authority, or between such authority and other parties shall be assumed and discharged by the Community Development Authority except for the termination of operations by the Housing Authority.  Contracts entered into between the Federal government and the Housing Authority shall bind the Community Development Authority in the same manner as though originally entered into by the Community Development Authority.  The Community Development Authority may execute appropriate documents to reflect its assumptions of the obligations set forth above.

 

Part VI.  The Redevelopment Authority created under Section 66.1333 of the Wisconsin Statutes operating in the City of Wauwatosa shall terminate its operations as provided in Section 66.1335(5) of the Wisconsin Statutes.

 

Part VII.  From the effective date of this Ordinance, the City Clerk shall transmit a certified copy of the ordinance to the Mayor who shall proceed to appoint commissioners of the Community Development Authority as provided in Section 66.1335(2) of the Wisconsin Statutes.

 

Part VIII.  Appropriate City Officials are hereby authorized to enter into contracts and other agreements as necessary to implement and support the operation of the Community Development Authority, provided that funds are appropriately budgeted  and personnel are available to support such support activities.

 

Part IX.  All ordinances or parts of ordinances contravening the provisions of this ordinance are hereby repealed.

 

Part X.   This ordinance shall take effect on and after its date of publication.

 


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