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