Number
041516
Version
SUBSTITUTE 1
Reference
030680
Sponsor
ALD. MURPHY
Title
Substitute resolution authorizing Community Improvement In-Rem Foreclosure Action on ten tax-delinquent brownfields located at 5190 North Hopkins Street, 3717-19 West Fond du Lac Avenue, 1200-04 West Washington Street, 1431 West Becher Street, 1218 West Layton Avenue, 2211 North 31st Street, 2227 North 31st Street, 2154 North 31st Street, 2501 West Fond du Lac Avenue and 6143 North 60th Street in various aldermanic districts.
Analysis
This substitute resolution, by at least a three-fourths vote of all Common Council members, authorizes Milwaukee's City Treasurer to begin in-rem foreclosure against ten certain tax-delinquent brownfields under the “Internal Protocol for Community Improvement In-Rem Foreclosure Actions” established by Milwaukee's City Attorney's Office.
Body
Whereas, Milwaukee Code of Ordinances, Section 308-22, entitled “Environmental Audit Required Prior to Disposition or Acquisition of Property,” requires the Department of City Development (“DCD”), in conjunction with the Departments of Neighborhood Services and Health, to conduct certain environmental audits of certain properties that the City of Milwaukee (“City”) may acquire through the in-rem foreclosure process; and
Whereas, Tax-delinquent properties with suspected environmental problems are placed on the City's “Do-Not-Acquire List” (the “DNA List”) and, generally, are not acquired; and
Whereas, DCD has screened the DNA List for properties with manageable environmental risk, high development potential or high grant eligibility and has recommended that in-rem foreclosure be commenced against ten tax-delinquent brownfield properties that are on the DNA List; and
Whereas, DCD utilized the “Internal Protocol for Community Improvement In-Rem Foreclosure Actions” established by the City Attorney's Office per File No. 030680 (the “Internal Protocol”) in recommending foreclosure against the ten properties; and
Whereas, Per the Internal Protocol, so long as the Common Council approves the acquisition, the City Attorney's Office has approved the foreclosure; and
Whereas, The Internal Protocol provides that if a parcel is on the DNA List and a Phase-I environmental audit suggests possible environmental issues or recommends environmental testing and if the City intends to acquire the parcel via in-rem foreclosure without conducting additional testing, then the Common Council should approve the acquisition by at least a three-fourths vote of all members under Milwaukee Code of Ordinances Section 308-22; and
Whereas, DCD wishes the City to foreclose and acquire title to the afore-referenced ten properties on the DNA List without conducting further preacquisition environmental testing; and
Whereas, The City is willing to use in-rem foreclosure in this matter in an effort to foster economic development, brownfields remediation and redevelopment, to return tax-delinquent properties to the tax rolls and to achieve community improvement; now, therefore, be it
Resolved, By the Common Council of the City of Milwaukee, by at least a three-fourths vote of all its members, under Milwaukee Code of Ordinances Section 308-22 (see, in particular, Section 308-22-2-a., c. and e.), that the City Treasurer is authorized and directed to bring in-rem foreclosure actions against the eligible tax delinquencies against the parcels at 5190 North Hopkins Street, 3717-19 West Fond du Lac Avenue, 1200-04 West Washington Street, 1431 West Becher Street, 1218 West Layton Avenue, 2211 North 31st Street, 2227 North 31st Street, 2154 North 31st Street, 2501 West Fond du Lac Avenue and 6143 North 60th Street; and, be it
Further Resolved, That DCD is directed to take applicable pre-acquisition and post-acquisition precautions so that the City may take advantage of protections afforded under law, including the local governmental unit exemption in Wisconsin Statutes, Section 292.11(9)(e)lm.a.
Drafter
DCD:BT:bt
03/03/05