City of Burlington, WI Article III Authorities

[Added 11-4-1997 by Ord. No. 1570(19)]

§ 6-9 Community Development Authority.

A. Authority. Section 66.1335, Wis. Stats., authorizes the Common Council to adopt an ordinance creating a housing and community development authority.

B. Findings and declarations. The findings and declarations made in §§ 66.1201(2), 66.1331(2), 66.1333(2) and 66.1337(2), Wis. Stats., 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 and blighted areas and preventing the reoccurrence thereof and for the elimination of insanitary or unsafe inhabited dwelling accommodations and commercial buildings and for providing safe and sanitary dwelling accommodations; and the necessity for said authority is hereby declared as a matter of legislative determination.

C. Creation. Pursuant to § 66.1335, Wis. Stats., 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 Burlington."

D. Continuation of Housing Authority.

(1) The Housing Authority of the City of Burlington created under § 66.1201, Wis. Stats., and operating in the City shall continue in existence solely for the purpose of fulfilling its commitments with respect to discharge of principal and interest of its outstanding mortgage requirements as permitted by § 66.1335(5)(e), Wis. Stats. The Housing Authority shall continue in existence for the purpose of collecting rent and applying such rent to the mortgage.

(2) Upon satisfaction of the Housing Authority's mortgage obligation the Housing Authority shall be terminated.

(3) All other powers, duties and functions set out in § 66.1201, Wis. Stats., for housing authorities, other than the duties specifically reserved herein for such Housing Authority, are hereby vested in the Community Development Authority.

E. Exclusive authority. The Community Development Authority shall have the exclusive power to proceed to carry on blight elimination, slum clearance and urban renewal projects in the City of Burlington, except that the City may apply, accept and contract for federal grants, advances and loans under the Housing and Community Development Act of 1974 (P.L. 93-383).

F. Commissioners. The Mayor shall, with the confirmation of the Common Council, appoint seven 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 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 non-Council members shall be for the following terms: two for one year and one each for terms of two, three and four years. Thereafter, the terms of non-Council members shall be four years and until their successors are appointed and qualified.

(3) Vacancies shall be filled for the unexpired term as provided in this Subsection F.

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

G. Powers and duties.

(1) The Community Development Authority shall have all powers, duties and functions set out in §§ 66.1201 and 66.1333, Wis. Stats., for housing and redevelopment authorities, and as to all housing projects initiated by the Community Development Authority it shall proceed under § 66.1201, Wis. Stats., and as to all projects relating to blight elimination, slum clearance, urban renewal and redevelopment programs it shall proceed under §§ 66.1301 to 66.1329, 66.1331, 66.1333, 66.1337 or 66.1105, Wis. Stats., as determined appropriate by the Common Council on a project-by-project basis.

(2) 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.

(3) As a means of more clearly setting forth its powers and rules of procedure, the Community Development Authority shall adopt a set of bylaws which shall, among other things, establish the general policy duties and provide for the appointment of the Chairperson, Treasurer, Secretary, and Executive Director. The initial bylaws and subsequent amendments must also be approved by a majority vote of the Common Council.

H. Tax exemption. Bonds issued by the Community Development Authority are declared pursuant to § 66.1335(5m), Wis. Stats., 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.

I. Controlling law. The powers conferred under this section shall be in 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.

J. Construction. This section shall be construed liberally to effect its purposes, and the 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 in § 66.1335(7), Wis. Stats.

K. 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 that the provisions of this section and all rules and regulations promulgated hereunder are severable.