NUMB:
971378
VERS:
SUBSTITUTE 1
REF:
XXBY:
ALD. HENNINGSEN
TITL:
Substitute resolution authorizing the proper City officials to enter into a Cooperation Agreement with the Neighborhood Improvement Development Corporation (NIDC) and the Community Housing and Preservation Corporation (CHPC) which will allow for the disbursement of funds to NIDC for the purpose of abatement of nuisances in receivership cases, and authorizing periodic expenditures from the City to NIDC for purpose of implementing the Cooperation Agreement between NIDC and the City.
ANLS:
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-Analysis-
This Resolution authorizes City execution of a three party Cooperation Agreement providing for a transfer of responsibilities with respect to the Public Nuisance-Human Health Hazard Receivership Program from CHPC to NIDC.
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BODY:
Whereas, The Mayor and the Common Council desire the City Attorney's Office to bring public nuisance actions and human health hazard actions to eliminate public nuisances and human health hazards in the City of Milwaukee; and
Whereas, The City of Milwaukee and CHPC previously entered into an agreement pursuant to which the City of Milwaukee brought public nuisance and human health hazard lawsuits and CHPC made itself available to serve as receiver; and
Whereas, the City, CHPC and NIDC desire to enter into a Cooperation Agreement providing for a transfer of the responsibilities of CHPC under the Public Nuisance-Human Health Hazard Receivership Program to NIDC; and
Whereas, the Cooperation Agreement attached to this Common Council File provides for such transfer and further provides for NIDC to serve as receiver thereunder; and
Whereas, NIDC as receiver will manage particular pieces of real estate which are declared public nuisances or human health hazards and retain agents and real estate management firms to undertake repairs to the properties as well as the eviction, renting to and selection of tenants and generally prevent waste on the property; and
Whereas, The City has established a special purpose account 01-054-8001 known as the Razing and Vacant Building Protection Account to be utilized to abate public nuisances and human health hazards; and
Whereas, Sec. 66.06(6)(b) of the Wisconsin Statutes states: "The Common Council at any time after the adoption of the budget may, by resolution adopted by a majority vote of the members thereof direct the proper officers of any department to expend such sum or sums of money as are especially appropriated out of any specific fund under its control for any of the several purposes enumerated thereon. The adoption of such resolution shall be the authority for such department to proceed and expend such specified sum for the purpose directed therein;" and
Whereas, The special purpose account entitled Razing and Vacant Building Protection Account (Acct. No. 01-054-8001) has been established for the purpose of abating public nuisances and human health hazards pursuant to the adopted 1998 City budget; and
Whereas, A Cooperation Agreement which enumerates the duties of the responsibilities of the parties and directs the establishment of a fund by NIDC and its administration and use and is attached to this resolution; now, therefore, be it
Resolved, By the Common Council of the City of Milwaukee, that the City Attorney is authorized to continue public nuisance and human health hazard lawsuits to abate public nuisances and human health hazards based upon the determination of the City Attorney that alternative enforcement methods have failed or would be ineffective; and, be it
Further Resolved, That the proper City officials are authorized to enter into a Cooperation Agreement with the officers of CHPC and NIDC to allow for the transfer and disbursement of funds to NIDC for the purpose of NIDC making itself available as receiver to abate public nuisances and human health hazards in City of Milwaukee receivership cases; and be it
Further Resolved, That for the purpose of interpreting and applying the provisions of sec. 66.05 City Charter (Dept. of Administration -- Purchasing Division Duties) the words "appropriated to the assigned department," used above shall not be intended to mean "for use of all departments
..."; and be it
Further Resolved, That the amounts included in the Razing and Vacant Building Protection Account special purpose account (Acct. No. 01-054-8001) be appropriated from the 1998 budget for special purpose accounts for the purposes as specified and that the Department of Building Inspection be authorized to expend the appropriated money; and, be it
Further Resolved, By the Common Council of the City of Milwaukee that the Razing and Vacant Building Protection Account and the amounts assigned and authorized for expenditure in this resolution shall be deemed to have been appropriated to the Department of Building Inspection for the specific municipal public purpose intended in the budget, and for no other departmental purpose; and be it
Further Resolved, That the Razing and Vacant Building Protection Account shall be deemed eligible for carryover under the provision of sec. 65.07(1)(p), Wisconsin Statutes; and be it
Further Resolved, That the property City officials are authorized to enter into the necessary contracts for the purpose as listed.
ZDPT:
DFTR:
City Atty.
TOG:ksk
01/12/98
kkloso\PUBLICRS