[HISTORY: Adopted by the Village Board of
the Village of Elm Grove 11-25-2003. Amendments noted where applicable.]
The Village Board hereby finds, determines and
declares that the undertaking of programs and projects for blight
elimination and prevention, slum clearance and prevention, urban renewal
and redevelopment, and community development and redevelopment (collectively,
"qualified redevelopment projects") will encourage well-planned, integrated,
stable, safe and healthful neighborhoods, the provisions of healthful
homes, a decent living environment, adequate places of employment
for the people of the Village and an increase in the general property
tax base of the Village.
The Village Board hereby finds, determines,
and declares that there exists within the Village a need for qualified
redevelopment projects, and that creation of a CDA in the Village
will serve the public interest.
A.
Pursuant to §§ 66.1339 and 66.1335
of the Wisconsin Statutes, the Village Board hereby creates a CDA
in the Village, which authority shall be known as the "Community Development
Authority of the Village of Elm Grove, Wisconsin." Said authority
(the Authority) shall be a separate body politic for the purpose of
carrying out qualified redevelopment projects, and shall have all
powers, duties and functions of community development authorities
contained in § 66.1335 of the Wisconsin Statutes, as amended
from time to time. The Authority shall also act as the agent of the
Village in planning and carrying out community development programs
and activities approved by the Village Board and the Village President
under the Federal Housing and Community Development Act of 1974. The
Authority is not, however, authorized to act as agent of the Village
to perform the acts which may otherwise be performed by the Plan Commission
pursuant to §§ 66.1301 through 66.1329, Wis. Stats.
[Amended 3-27-2012]
B.
The Authority is only authorized to undertake projects
relating to blight elimination, slum clearance, urban renewal and
redevelopment programs proceeding under §§ 66.1301
to 66.1329, 66.1331, 66.1333, 66.1337 or 66.1105 Wis. Stats., as expressly
provided by a resolution of the Board of Trustees on a project-by-project
basis.
[Amended 3-27-2012]
C.
The Authority shall have no funding authority except
for such funds allocated on a case-by-case basis by the Board of Trustees
or monies received from borrowings or bond issuances by the Authority
that are first expressly authorized by the Board of Trustees on a
case-by-case basis. Whenever the Authority desires to undertake a
project, it shall submit a written proposal to the Board of Trustees
for allocation of funds to investigate the proposal and implement
only such proposals as are approved by the Board of Trustees.
D.
The Village Manager shall serve as the Executive Director
of the Authority.
E.
The Executive Director shall identify and estimate
the need of the Authority to engage expertise to assist the Authority
or Village staff, the Plan Commission and the Board of Trustees in
reviewing an application submitted or proposed to the Authority. The
Executive Director shall inform the applicant of the requirement and
the expectation that the applicant will pay for all or part of costs
incurred by the Authority or the Village in considering, evaluating
or pursuing a project proposed by an applicant. The amounts that the
applicant will be required to pay by advance deposit and/or by reimbursement
prior to the taking up of the proposal by the Authority or the Village
or their staff or consultants shall be confirmed by the Executive
Director, subject to review by the commissioners of the Authority
at the request of an applicant. These amounts shall be due and payable
by the applicant to the Authority or Village within the timetable
established by the Executive Director.
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, Executive Director. The initial bylaws and subsequent
amendments must also be approved by a majority vote of the Village
Board.
The Village Board hereby authorizes and directs
the Village Clerk, immediately upon adoption of this chapter, to certify
a copy of this chapter, and transmit such copy to the Village President.
The Village Board hereby authorizes and directs the Village President,
upon receipt of this chapter, to recommend appointment of seven resident
persons as commissioners of the Authority having the qualifications
required under § 66.1335, Wis. Stats., which appointments
shall be subject to approval by a 2/3 majority vote of the Village
Board. Two of said commissioners shall be members of the Village Board
and shall serve on the Authority during their respective terms of
office as Village Board members. The initial appointments of the five
non-Village Board commissioners shall be for the following terms:
two commissioners for one year, and one commissioner each for terms
of two, three and four years. Thereafter, the terms of the non-Village
Board commissioners shall be four years and until their successors
are appointed and qualified. Any vacancies shall be filled for the
unexpired term.
The Authority shall propose an annual budget
to the Village Board with associated professional services fee schedules
for review and approval. Any approved budget and fee schedule may
be amended from time to time at the sole discretion of the Village
Board in accordance with § 65.90(5)(a), Wis. Stats.
Commissioners shall be reimbursed their actual
and necessary expenses including local travel expenses, except for
meeting attendance at the Village Hall, incurred in the discharge
of their duties as provided under § 66.1335(2)(d), Wis.
Stats.
At any time, the Board of Trustees may, by a
vote of 2/3 of the members of the Board, amend this chapter so as
to alter or abolish the duties, authority or existence of the Community
Development Authority; provided, however, that the Board of Trustees
first make legally sufficient alternatives available for the satisfaction
of any contractual obligations previously incurred by the Community
Development Authority.
