Number
140612
Version
SUBSTITUTE 3
Reference
Sponsor
ALD. BAUMAN
Title
A substitute ordinance relating to the sale of city-owned real estate.
Sections
304-49-1-c rn
304-48-1-d rn
304-49-1-c cr
304-49-3 rc
304-49-4.5 cr
Analysis
This ordinance gives the local council member the opportunity to designate certain City-owned, residential properties in the council member's district for notification by the department of city development before these designated properties are sold or conveyed, and makes such sales or conveyances subject to the local council member's approval. Failing the local alderman's approval, sales and conveyances of these properties may be approved by the full common council.
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 304-49-1-c to d of the code is renumbered 304-49-1-d
to e.
Part 2. Section 304-49-1-c of the code is created to read:
304-49. Disposal of City Real Estate.
1. DEFINITIONS. In this section:
c. "Local council member" means the common council member in whose district a neighborhood property is located.
Part 3. Section 304-49-3 of the code is repealed and recreated to read:
3. COMMON COUNCIL DIRECTION AFTER REPORTS. The local council member may designate parcels listed on a neighborhood property report located in the local council member's aldermanic district to be withheld from disposition as provided in the report, removed from marketing restrictions, and/or set aside for notice of conveyance if the conveyance includes financing provided by the city, the housing authority, the redevelopment authority, or the Neighborhood Improvement Development Corporation. The local council member shall notify the commissioner, in writing timely delivered within 15 calendar days of receipt of the report, of any parcels so designated, and the commissioner shall:
a. Withhold from disposition as provided in the report any parcels so designated by the local council member. The commissioner may dispose of parcels so designated only after common council approval.
b. Remove the restriction to market parcels only to private purchasers for owner-occupancy for parcels so designated by the local council member.
c. Provide notice to the local council member of any proposed neighborhood property conveyance for parcels that include financing provided by the city, the housing authority, the redevelopment authority, or the Neighborhood Improvement Development Corporation if so designated by the local council member, and the terms of the proposed conveyance, as soon as practically possible, but not less than 10 days following execution of the offer to purchase or other purchase and sale agreement by all parties.
Part 4. Section 304-49-4.5 of the code is created to read:
4.5. LOCAL COUNCIL MEMBER APPROVAL OF NEIGHBORHOOD PROPERTY SALES. All conveyances of neighborhood property parcels designated as provided in sub. 3-c shall be after and pursuant to approval by the local council member, or failing approval, after and pursuant to common council approval, and the commissioner shall include in marketing materials and other prospective buyer communications that any conveyance of neighborhood property parcels designated as provided in sub. 3-c is subject to approval by the local council member, or common council approval if the local council member fails to approve the conveyance. The local council member shall act to approve or disapprove of the proposed conveyance within 10 days following receipt of the notification provided pursuant to sub. 3-c. If the local council member does not approve of the proposed conveyance within said 10-day time period, the proposed conveyance may then be submitted to the common council for approval.
LRB
APPROVED AS TO FORM
____________________________
Legislative Reference Bureau
Date: ______________________
Attorney
IT IS OUR OPINION THAT THE ORDINANCE
IS LEGAL AND ENFORCEABLE
____________________________
Office of the City Attorney
Date: ______________________
Requester
Drafter
LRB154208-4
Aaron Cadle
10/14/2014