[HISTORY: Adopted by the Village Board of the Village of
Hobart as § 1.16 of the 2000 Code. Amendments noted where
applicable.]
A.
Purpose. The purpose of this chapter is to provide the best possible
environment for human habitation and encourage the most appropriate
use of land throughout the Village by promoting the orderly layout
and use of land and facilitating an environment that promotes adequate
provisions for the Village's services, and to overall promote
the public health, safety, economy and general welfare of the community.
B.
Findings. In support for the creation of the Community Development
Authority of the Village of Hobart (CDAVH), the Village finds that
the layout and use of land could better promote the public health,
safety, economy and general welfare of the community.
C.
Declaration of necessity. The Village Board hereby finds and declares
a need for blight elimination, slum clearance, urban renewal, community
development programs and housing projects. The Village Board further
finds that a housing and community development authority functioning
within the Village of Hobart would constitute a more effective, efficient
means for carrying out such programs and projects.
Pursuant to § 66.1335 of the Wisconsin Statutes, there
is hereby created a housing and community development authority, which
shall be known as the "Community Development Authority of the Village
of Hobart" (CDAVH). CDAVH is deemed to be a separate public body,
corporate and politic, exercising necessary public powers, and having
all the powers, duties and functions conferred on housing authorities,
redevelopment authorities and housing and community development authorities
by applicable law, that are necessary for the purpose of carrying
out blight elimination, slum clearance, urban renewal programs and
projects and housing projects.
A.
Membership CDAVH shall consist of seven resident persons called Commissioners
("Commissioners"), who, with the confirmation of the Village Board,
shall be appointed by the Village President. The Commissioners shall
have sufficient ability and experience in the fields of urban renewal,
community development and housing.
B.
Appointment.
(1)
Commissioners.
(a)
Two of the Commissioners shall be members of the Village Board
and shall serve during their term of office as Village Board members,
and the remaining Five Commissioners shall not be members of the Village
Board and shall serve as follows:
[1]
Two Commissioners shall initially be appointed for terms of
one year;
[2]
One Commissioner shall initially be appointed for a term of
two years;
[3]
One Commissioner shall initially be appointed for a term of
three years; and
[4]
One Commissioner shall initially be appointed for a term of
four years.
(b)
Thereafter, the terms of Commissioners who are not Village Board
members shall be four years. A Commissioner who is not a member of
the Village Board shall hold office until his or her successor has
been appointed and qualified, unless such Commissioner's term
ends earlier because of his or her change of residence, removal, resignation,
incapacity or death.
(2)
Officers. CDAVH shall annually elect a Chairperson and Vice Chairperson
from among the Commissioners. Vacancies occurring in the office of
Chairperson or Vice Chairperson shall be filled from among the Commissioners
for the unexpired portion of the term.
(3)
Executive Director. The Village Administrator or his or her designee
shall serve as the Executive Director, but shall not be a member of
the CDAVH. The Executive Director shall be the chief administrative
officer of CDAVH and shall direct, manage and supervise CDAVH administrative
operations and technical activities, in accordance with the directives
of the CDAVH. The Executive Director shall also serve as the Secretary
of CDAVH and shall perform such other duties and have such other powers
and responsibilities as may, from time to time, be delegated by the
authority.
C.
New appointments, vacancies and reappointment.
(1)
After the appointments of the original seven Commissioners have been
made and confirmed, vacancies occurring during any term shall be filled
for the unexpired portion of the term, and new appointments or reappointments
of Commissioners shall be made in the same manner in which the original
appointments were made.
(2)
A certificate of appointment or reappointment of any Commissioner
shall be filed with the Village Clerk-Treasurer and shall be conclusive evidence of the due
and proper appointment of such Commissioner, if such Commissioner
has been duly confirmed as herein provided and has duly taken and
filed the official oath before entering upon his or her office.
A Commissioner may be removed from office by the Village Board
for incompetency, inefficiency, neglect of duty or misconduct in office,
but such Commissioner shall be removed only after he or she has been
given a copy of the charges at least 10 days prior to the hearing
thereon and has had an opportunity to be heard in person or by counsel.
In the event of the removal of any Commissioner, a record of the proceedings,
together with the charges and findings thereon, shall be filed in
the office of the Village Clerk-Treasurer. To the extent applicable,
the provisions of Wis. Stats. § 17.16 relating to removal
for cause shall apply to any such removal.
A.
CDAVH shall have all powers, duties, and functions set out in §§ 66.1201
and 66.1333 for housing and redevelopment authorities, and as to all
housing projects initiated by the CDAVH, it shall proceed under § 66.1201,
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, as determined appropriate
by the Village Board on a project-by-project basis.
B.
As to all community development programs and activities undertaken
by the Village under the Federal Housing and Community Development
Act of 1974, the CDAVH shall proceed under all applicable laws and
ordinances not inconsistent with the laws of this state.
C.
CDAVH may act as an agent of the Village to perform all acts, except
the development of the general plan of the Village, which may otherwise
be performed by the Planning and Zoning Commission under §§ 66.1105,
66.1301 to 66.1329, 66.1331, or 66.1337 of the Wisconsin Statutes.
D.
In addition to the foregoing powers, duties and functions, the CDAVH
shall have such other powers, duties and functions related to community
development as are conferred upon CDAVH by the Village Board from
time to time, which shall include any powers and duties previously
conferred on the Economic Development Advisory Committee.
E.
Specific action taken related to the powers and duties of the CDAVH
shall be subject to review and approval by the Village Board:
All meetings of the CDAVH shall be held in compliance with the
provisions of the Open Meetings Law of the State of Wisconsin. Four
Commissioners shall constitute a quorum for the purposes of conducting
its business and exercising its powers and for all other purposes.
Action may be taken by the CDAVH upon the affirmative vote of a majority
of the Commissioners present at any meeting. CDAVH may adopt and from
time to time amend or repeal such bylaws or other rules or regulations
not inconsistent with the applicable laws and this chapter, as it
deems necessary in the performance of its functions and duties.
An annual budget shall be prepared by the CDAVH and shall be
subject to approval by the Village Board. CDAVH shall also prepare
and file with the Village President and Board a report of its activity
for the preceding calendar year on or before February 15 of the following
year.
CDAVH may employ or seek advice from technical experts and such
other officers, agents and employees, such as the Village Planning
and Zoning Commission and/or the Village Attorney, as it may require
from time to time in the performance of its duties and functions,
within the limits of the funds available for such position. CDAVH
may delegate to one or more of its agents or employees such powers
or duties as it may deem proper.
The Commissioners shall receive no compensation for their services,
but shall be entitled to reimbursement for their actual and necessary
expenses, including local travel expenses incurred in the discharge
of their duties.
Upon the adoption of this chapter, the Hobart Economic Development
Advisory Committee, which was previously enacted by Village resolution,
is hereby terminated. The powers and duties of the Hobart Economic
Development Advisory Committee shall be assumed by the CDAVH pursuant
to the terms of § 66.1335 of the Wisconsin Statutes.
This chapter is enacted pursuant to § 66.1335, as
amended from time to time, of the Wisconsin Statutes. In so far as
this chapter may be inconsistent with Wis. Stats. § 66.1335,
the Wisconsin statute, as amended, shall control.
