(A) Acquisition of property. As authorized by Council, the Urban Renewal Director, with the appropriate advice and assistance of the Director of Legal Services, shall cause the necessary steps to be taken to acquire the parcels of land in the project area in accordance with the urban renewal, or redevelopment plan, including, but not limited to, the negotiation for such parcels, obtaining appraisals, title examinations and reports, with the Mayor executing contracts for any of such services and appropriate documents to transfer title to the village, provided, that in the event appropriation of property is necessary, Council shall initiate and carry out the necessary proceedings, with the appropriate assistance of the several officers, employees, boards, and commissions of the village. Acquisition may take place at any time after compliance with §§ 152.07 and 152.08.
(B) Village activities preparing property for disposition. After any necessary appropriations of village moneys and authorization of expenditures by ordinances of Council; Council action, where appropriate, to rezone property, vacate, or dedicate streets, or other public places and provide for the establishment and preservation of open space are; certification of funds by the Director of Finance, where appropriate; and preparation of or approval of legal form of contracts by the Director of Legal Services; the Village Manager shall make the contracts and cause the purchase of the necessary supplies and materials and the provision of the necessary supplies and materials and the provision of the necessary labor for such activities as may be necessary to carry the urban renewal project, including, but not limited to, the demolition, rehabilitation, or repair of structures (whether voluntarily by the private owners thereof or by the village for demonstration purposes in limited numbers), the removal of pavement, sidewalk, lighting and trees, capping, removal, and relocation of village-owned utility lines, grading, construction of site improvements, and supporting facilities and the temporary lease, rental, or permission to let others use structures, or parcels of land while owned by the village, relocation activities and the enforcement of any applicable provisions of law or conforming agreements relative to building, zoning, platting, and the repair or rehabilitation of land and structures remaining in private ownership.
(C) Disposition of property. The Council may authorize by ordinance the transfer, lease, or conveyance of any real property in accordance with and for the purpose of the plan, subject to such lawful terms, conditions, restrictions, and covenants (including covenants running with the land) to assist in carrying out the purposes of the plan. All dispositions of real property shall be at not less than the fair value thereof determined by the Village Council based on the proposed new uses and restrictions thereof determined by the Village Council based on the proposed new uses and restrictions thereon to be imposed under the urban renewal plan by the Village Council through zoning ordinances, private covenant, or otherwise. Such determination shall be made only after obtaining independent appraisals of such fair value on the aforesaid bases, which appraisals shall not be binding on the village. The manner of disposition shall be prescribed by ordinance, and may be by negotiation, with or without any competitive bidding, and such competition and award of a disposition contract may be based on factors other than price alone. Two weeks publication in a newspaper of general circulation in the village shall be sufficient notice for the taking of competitive bids or of the execution of a disposition contract without competitive bidding. The financial and legal ability of those proposing to acquire or lease such real property shall be considered in all dispositions. The Village Manager shall execute, on behalf of the village, such instruments as may be necessary to transfer, lease, or convey such real property in the form approved by the Director of Legal Services and authorized by Council, which form shall include all covenants running with the land, including any portions of the plan incorporated by reference, and shall execute any certificates of completion of improvements or other appropriate instruments, on behalf of the village, that may be necessary in accordance with any covenants in such instruments of lease or conveyance.
(D) Conforming agreement. If the owner of property in the project area is willing to make the use of his or her property conform to the urban renewal or redevelopment plan and the Council finds and determines that the acquisition of the property by the village will not be necessary if so conformed, the Village Manager, on Council authorization, may enter into a conforming agreement upon such terms and security as may be authorized by Council. Such agreement may provide for the acquisition of property on continued failure of the property owner to keep his or her agreement after notice from the village specifying such failure.
(E) Council action. In the execution of urban renewal, or redevelopment projects, the Council may authorize, as to any appropriate projects, or parts of projects, the employment of community improvement corporations, community redevelopment corporations and metropolitan housing authorities, as defined by the state statutes, and when authorized by ordinance of Council may grant leases, make conveyances, and enter into agreements with such corporations related to appropriate aspects of such projects to the full extent of the powers possessed by such corporations.
(1995 Code, § 152.11) (Ord. 9-1967, passed 10-10-1967)