Loading...
HomeMy WebLinkAboutOrdinance No. O08-09ORDINANCE NO. 008-09 ORDINANCE CREATING THE LAUREL URBAN RENEWAL AGENCY PURSUANT TO MCA § 7-154232 AND TO CODIFY THE ORDINANCE AS TITLE 18 OF THE LAUREL MUNICIPAL CODE. WHEREAS, the City Council previously found, through Resolution No. R07-92, that there are one or more blighted areas within the city limits and that the rehabilitation, redevelopment, or a combination thereof of such area or areas is necessary in the interest of the public health, safety or welfare of the residents; and WHEREAS, after making the above finding the City Council hereby elects to create a separate urban renewal agency pursuant to MCA § 7-15-4232 to exercise the urban renewal powers provided by Montana Law; WHEREAS, the City Council intends to create the separate entity through the adoption of this Ordinance and to empower the agency by assigning powers specified in MCA § 7-15-4233 by council resolution. IT IS HEREBY ORDAINED by the City Council for the City of Laurel, Montana, that Title 18 of the Laurel Municipal Code is hereby created to read as follows: Title 18 LAUREL URBAN RENEWAL AGENCY Chapters: 18.02 Creation and establishment of an urban renewal agency. 18.04 Agency composition and Term of offices. 18.06 Commissioners. 18.08 Advisory Members. 18.10 Operation. 18.12 Agency authority and duties. 18.14 Control of conflict of interest. 18.02 Creation and establishment of an urban renewal agency. The city council hereby establishes and creates an advisory board to be known as the Laurel Urban Renewal Agency ("Agency") in accordance with MCA § 7-15-4232. A Board of Commissioners "commissioners" is created as provided herein and shall administer the Agency. The mayor. shall appoint all commissioners with approval of the city council. 18.04 Agency composition and term of offices. The Board shall constitute five voting commissioners, all of who must reside in the city limits. The initial voting membership shall consist of one member appointed for 1 year, one member for 2 years, one member for 3 years, and two members for 4 years. Each appointment thereafter shall be for 4 years. In addition to the five commissioners, the mayor, with approval of the city council, shall appoint four 008-09 Urban Renewal Agency advisory members, as provided herein, who shall not vote but shall provide advice and counsel to the voting commissioners. 18.06 Commissioners. A. Each commissioner shall hold office until his/her successor is appointed and has qualified. B. A commissioner shall receive no compensation for his/her service but is entitled to authorized necessary expenses, including traveling expenses, incurred in the discharge of his/her duties. C. Any person may be appointed as a commissioner if he/she resides within the city limits. If possible, the preferred composition of the Agency should include two residents of the district, two city resident business owners in the district, and one member city resident at large. D. A commissioner may be removed by the city council for inefficiency, neglect of duty, or misconduct in office. Misconduct in office is defined by MCA § 7-15-4240. E. A majority of the commissioners shall not hold any other public office under the city other than their membership or office with respect to the Agency. F. The powers and responsibilities of the Agency shall be exercised by the commissioners according to adopted bylaws approved by the city council. A majority of the commissioners shall constitute a quorum for the purpose of conducting business and exercising the powers and responsibilities of the Agency and for all other purposes. Action may be taken by the Agency upon a vote of a majority of the commissioners (three) unless the bylaws shall require a larger number. 18.08 Advisory Members. A. In addition to the five voting commissioners, the Agency shall include a non-voting advisory membership of not more than four individuals. The initial membership shall consist of one member appointed for 1 year, one for 2 years, one for 3 years, and one for 4 years. Each appointment thereafter shall be for 4 years. Advisory members must possess a demonstrated interest in the district, specific expertise and/or other qualifications necessary to help the Agency implement the renewal plan. 1. Each advisory member shall hold office until his/her successor has been appointed and has qualified. 2. An advisory member shall receive no compensation for his/her services but may be entitled to authorized necessary expenses, including traveling expenses, incurred in the discharge of his/her duties in the discretion of the Mayor. 3. An advisory member may be removed by the city council for inefficiency, neglect of duty, or misconduct in office. Misconduct in office is defined by MCA § 7-15-4240. B. City staff shall perform the Agency's administrative duties as assigned, until other funding becomes available from alternate sources to hire and pay for permanent staff; if requested by the Agency and approved by the city council. 18.10 Operation. The board shall operate in accordance with bylaws that are adopted by the city council. The board shall schedule its own meetings' dates and times for the convenience of its members and shall keep a record of its proceedings. All meetings are open to the public in accordance with Montana's Open Meeting Law, MCA §2-3-201 et seq. All meeting dates and times shall be posted at City Hall. A majority of the Commissioners shall constitute a quorum for the transaction of business. 18.12 Agency authority and duties. 008-09 Urban Renewal Agency A. In accordance with MCA § 7-15-4232(2), the city council shall assign the Agency the appropriate powers listed in MCA § 7-15-4233 by resolution. All powers not specifically assigned to the Agency by the city council are specifically reserved to and for the city council. The Agency shall act in an advisory capacity to the city council and shall exercise all assigned powers consistent with the previously approved Laurel Urban Renewal Plan. The city council may modify the Laurel Urban Renewal Plan in accordance with MCA § 7-15-4221. B. Annual report. On or before September 30 of each and every year, the Agency shall provide the city council a written report of its activities for the preceding fiscal year. The report shall contain a complete financial statement setting forth all appropriate expenditures, income, assets, liabilities and operating expenses. At the time of filing the report, the Agency shall publish notice, in a newspaper of general circulation, that the report has been filed with the city council and is available for inspection at the office of the city clerk/treasurer during business hours and if applicable, the Agency's Office. C. Annual work program and budget. The Agency shall also prepare an annual work program (AWP) and proposed budget that provides a list of planned activities for the fiscal year along with the estimated costs of the planned activities. The AWP must also contain the proposed methods of financing the planned activities. The Agency shall provide public notice in a newspaper of general circulation and conduct a public hearing prior to the submittal of the AWP to the city council. The AWP and budget may be amended during the course of the city's fiscal year, in light of funding and program changes. All budgets and revised budgets shall be reviewed and approved by the city council as required by Montana Law. 18.14 Control of conflict of interest. A. In accordance with MCA § 7-15-4239, the Agency and City shall comply with the following: 1. A public official, city employee or employee of the Agency or officers of the city that have been vested with urban renewal project powers and responsibilities by city council resolution may not voluntarily acquire any interest, direct or indirect, in any urban renewal project, in any property included or planned to be included in any urban renewal project of the city, or in any contract or proposed contract in connection with an urban renewal project. 2. When an acquisition is not voluntary, the interest acquired must be immediately disclosed in writing to the city council and the disclosure entered upon the minutes of the city council. B. If a city official or department head owns or controls or has previously owned or controlled within 2 years prior to the date of hearing on the urban renewal project any interest, direct or indirect, in any property that the person knows is included in an urban renewal project, the person shall immediately disclose this fact in writing to the city council. The disclosure shall be entered upon the minutes of the city council. A city official or department head may not participate in any action on that particular project by either the Agency or the city council who possess urban renewal project powers under MCA § 7-15- 4233. This ordinance shall become effective thirty (30) days after final passage by the City Council and approved by the Mayor. Introduced and passed on first reading at a regular meeting of the City Council on September 16, 2008, by Council Member Hart PASSED and ADOPTED by the Laurel City Council on this 21st day of October 2008, upon motion of Council Member Hart 008-09 Urban Renewal Agency APPROVED BY THE MAYOR this 21stday of October , 2008. 56Wth E. Olson, Jr., or ATTEST: Mary Embleton, Clerk-Treasurer APPROVED AS TO FORM: Sam P ' ter, Legal Counsel Elk River Law Office, P.L.L.P. 008-09 Urban Renewal Agency yy 1BIgOl ' :' n - A Q j C1 N ? ? .. 3w x3da1M : ? .?... i x ...:.:?:.-. ...:........... ...........? .. -?lBZCSOI. mxn°::?..... ... ...... ?... ..... . ... S .Y ? _31ar 13Z+X d `FK .y? U ? fie {ayI H ? ip.i i n ? s _ .. ?a IR rv - n R? 7 ? s -,- .. S 311; ? #WOM N?110o . v 3w Aj 1% 13 A 0! Xing s T. rv naow . ....... """ "......... ---- --------------- ........................ ................... . S, ::.... w P ?p KK w 0X 1 N m :..::.: •........ .?:::R,r ..IJU K »a ....... ... arec . _ u, ? 3w A' i N.j ? ^ o - F. &19 F.. ^ c ?? ? • J R c ., 8 p ..? i ioe _ s 4 .q TAB ...... nV ?ajdg .._ "' < ... .. - ^ ............:.. .............. .......... ........._.......... N ? .. S T13SSIM .. . /QI 0 ^....... R ? i ........... Po . c... R x 61 ^ 1Y ... to, y? CD . r ._ 3IV YA30 as ?` ..... ... 9 .Y?.... B ?.. ...F Po $ ............ ....._ ....._... R o R z' R _ 4 _ A vac r S ... _ 3M ..... .. .. .... XIYIIOY _ .. ]NO :. ?.:... SSSS .. .. .._.. .. r r R e rya yF ,R... m Yi ? C ? 1.MOiia? rv ?" ? z R L R R c p c^...a 4 YY r., ._R .. ....... F........;..>d I!1. F..._ :-•:N .:?; .: M.... ..?3.:.,.AVrt•a €;. ?'Cp ?flS ._. anv .. ...... 1441 ...................... µ h w .... 7, 7 U ? „R .. .. e- ...._z ?. ....K Po ... m? 3M m p ....... f ?? R, m 8 ...... PoA R ^ .. .....f .140 Po EF co 1N3?3B _ F rn ^ .. ..... ..n. .. .. B ? ?N s s a B P.O p fd ' F R §? T ? .. .... 11'1 ... ?^ e tyT? .. .. F5 m ..R ?..:.. ..Po r. ... p . '..R F........_>a.. ...... R z . ....: R k' F .: '° ? . _$ -R:'... .. ....... ............ ...3M..... 'ao....... ........... ........ x _ m ....... p NlikN { ... ... ... .