Number
031354
Version
SUBSTITUTE 2
Reference
030680
Sponsor
ALD. MURPHY AND D'AMATO
Title
Substitute resolution authorizing in-rem foreclosure on the tax-delinquent brownfields located at 4522 West Lisbon Avenue, 4530 West Lisbon Avenue, 4227 North Teutonia Avenue, 3326 West Capitol Drive, 946 North 27th Street, 1010 East Layton Avenue, 7132 West Bradley Road, 3009 North Humboldt Boulevard and 102 North Water Street.
Analysis
This substitute resolution, by at least a three-fourths vote of all the Common Council's members, authorizes the City of Milwaukee's Treasurer to begin in-rem foreclosure against nine certain tax-delinquent brownfields under the "Internal Protocol for Community-Improvement-In-Rem Foreclosure Actions" established by the 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 nine 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 Council File No. 030680 (the "Internal Protocol") in recommending foreclosure against the nine properties; and
Whereas, Per the Internal Protocol, so long as the 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, if the City intends to acquire the parcel via in-rem foreclosure without conducting additional testing, then the 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 aforereferenced nine 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, and brownfields remediation and redevelopment, and 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 of the Council's 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 property tax-foreclosure actions against the eligible tax delinquencies against the parcels at 4522 West Lisbon Avenue, 4530 West Lisbon Avenue, 4227 North Teutonia Avenue, 3326 West Capitol Drive, 946 North 27th Street, 1010 East Layton Avenue, 7132 West Bradley Road, 3009 North Humboldt Boulevard and 102 North Water Street; and, be it
Further Resolved, That DCD is directed to take applicable pre-acquisition and post-acquisition precautions as recommended by the City Attorney in its December 9, 2003 letter to DCD 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
City Attorney
GCH:bc
01/29/04