City of Manawa, WI Chapter 23 Community Development Authority

[HISTORY: Adopted by the Common Council of the City of Manawa 9-8-1998. This ordinance also superseded an ordinance adopted 8-17-1998. Amendments noted where applicable.]

§ 23-1 Creation.

Pursuant to the authority granted by W.S.A. ss. 66.436 and 66.4325, there is hereby created and established for the City of Manawa a community development authority to be hereinafter referred to as the "Community Development Authority of the City of Manawa."

§ 23-2 Membership.

A. Appointment of Commissioners. The Mayor shall appoint seven individuals having sufficient ability and experience in the fields of urban renewal, community development, and housing as Commissioners of the Community Development Authority. Each appointee shall be subject to confirmation by majority vote of the Common Council. Two of the Commissioners shall be members of the Common Council and shall serve as Commissioners during their term of office on the Common Council.

B. Terms of Commissioners. The terms of the Commissioners of the Community Development Authority shall be as follows:

(1) The two Commissioners who are members of the Common Council shall serve as Commissioners during their term of office on the Common Council.

(2) The first appointments of five non-Council members shall be for the following terms: two for one year and one each for terms of 2, 3 and 4 years.

(3) After the initial terms of the initial non-Council member Commissioners, the terms of all non-Council member Commissioners shall be four years and until their successors have been appointed and qualified.

C. Vacancies. Vacancies to any unexpired term of a Commissioner shall be filled for the remainder of that term as provided in § 23-2B(2).

D. Compensation. Commissioners shall be reimbursed for their actual and necessary expenses, including local travel expenses incurred in the discharge of their duties and shall receive such other compensation as shall be established, from time to time, by the Common Council.

§ 23-3 Powers and duties.

The Community Development Authority shall have all powers, duties and functions set out in W.S.A. ss. 66.40 and 66.431 for housing and redevelopment authorities and as to all housing projects initiated by the Community Development Authority and shall proceed under W.S.A. s. 66.40; and as to all projects relating to blight elimination, slum clearance, urban renewal and redevelopment programs, it will proceed under W.S.A. s. 66.405 to 66.425, 66.43, 66.431, 66.435 or 66.46 as may be determined appropriate by the Common Council on a project-by-project basis. As to all community development programs and activities undertaken by the Common Council 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 the State of Wisconsin. The Community Development Authority shall have the authority to take title to the real and personal property in its own name, including but not limited to the right of eminent domain under Chapter 32 of the Wisconsin Statutes, or any other law relating to eminent domain for redevelopment authorities. The Chairperson, or the Vice-Chairperson in the absence of the Chairperson, and the Executive Director, if any, shall, unless otherwise provided, have the authority to execute all documents for and on behalf of the Community Development Authority. The Community Development Authority shall have the authority to employ such personnel as the Commission may determine necessary to carry out and accomplish the duties and responsibilities hereof, including, without limitation, to retain the services of the City Engineer, City Attorney and city financial consultant. Except as expressly reserved or otherwise provided herein, the Community Development Authority is hereby granted all powers permitted by law to be exercised by community development authorities.

§ 23-4 Operations.

A. Operational meeting. Following the appointment and confirmation of all Commissioners, the Community Development Authority Commission shall hold an organizational meeting for the purposes of electing a Chairperson and a Vice Chairperson of the Community Development Authority Commission and to establish bylaws for the governance and operation of the Community Development Authority and Commission.

B. Operations. The Community Development Authority and the Community Development Authority Commission shall operate under the terms and conditions of the Wisconsin statutes, the provisions of this chapter and the bylaws of the Community Development Authority, which bylaws shall be approved by the Common Council.

(1) Executive Director. The Community Development Authority may appoint an Executive Director of the Community Development Commission who shall serve as Secretary of and advisor to the Commission and shall perform such duties as shall be authorized by the Commission. The Executive Director may further appoint an Assistant Director, subject to confirmation by majority vote of the Commission.

(2) Budget. On or before September 1 of each year, the Community Development Authority Commission shall prepare and submit to the Common Council for approval a budget prepared in conformity with W.S.A. s. 65.90. The Common Council shall have the power to alter, amend or modify the Community Development Authority budget relating to salaries, office operations or facilities. The common council shall levy such taxes and assessments as may be necessary to provide adequate funding for the Community Development Authority.

§ 23-5 Housing and redevelopment authorities.

All housing authorities and redevelopment authorities which may have been previously established by the city, pursuant to W.S.A. ss. 66.40 and 66.431, shall terminate upon the effective date of the creation of the Community Development Authority, and any programs or projects which have been begun by the housing authority or the redevelopment authority shall be transferred to and completed by the Community Development Authority. All contracts entered into between the federal government and the housing or redevelopment authority, or between such authorities and other parties, shall be assumed and discharged by the Community Development Authority. All contracts entered into between the federal government and the housing or redevelopment authority, or between such authorities and other parties, shall be assumed and discharged by the Community Development Authority, except for the termination of operations by housing and redevelopment authorities as provided in W.S.A. s. 66.4325. Contracts between the Federal Government and the housing authority or the redevelopment authority shall be binding upon the Community Development Authority in such a manner as though originally entered into by the community Development Authority. In the event that the housing authority shall remain in operation after the creation of the Community Development Authority pursuant to the provisions of W.S.A. s. 66.4325(5)(e), the housing authority shall continue to exist, under the jurisdiction of the Community Development Authority, as a subcommittee thereof, for the purposes of running, operating and carrying on such programs, facilities and operations, and under such authorities as the enabling ordinance for the housing authority shall provide, including but not limited to appointment and confirmation of its committee members by the Mayor and the Common Council, until such time as the outstanding bonds or other securities, which require its continued operation, continue to exist.

§ 23-6 Jurisdiction.

Upon the creation of the Community Development Authority, the Community Development Authority is doomed and shall be an independent, distinct public body and a body corporate and politic and shall have its own seal. Upon the establishment of the Community Development Authority, the City of Manawa shall thereafter be precluded from exercising any powers provided in W.S.A. s. 66.43(4), and the Community Development Authority shall have exclusive power to carry on redevelopment projects within the city; except that nothing contained herein shall preclude the city from applying for, accepting or contracting for Federal grants, advances or loans where the conditions of said grants, advances or loans require participation by the city.

§ 23-7 Comprehensive plan of redevelopment.

Except for such redevelopment projects as may be delegated to the Community Development Authority by the Common Council, the Community Development Authority shall not commence or undertake any redevelopment projects until there has been created and approved a comprehensive plan of redevelopment as provided in W.S.A. s. 66.31(6).