ORDINANCE NO.  8335

AN ORDINANCE OF THE CITY OF LAWRENCE, KANSAS ADOPTING THE CITIZEN PARTICIPATION PLAN, REPEALING CHAPTER 1, ARTICLE 11, ARTICLE 12, AND ARTICLE 17 OF THE CODE OF THE CITY OF LAWRENCE, KANSAS 2008 EDITION AND ESTABLISHING THE COMMUNITY DEVELOPMENT ADVISORY COMMITTEE .

Whereas, federal regulations require a consolidated planning process for the Community Development Block Grant (CDBG) and HOME Investment Partnerships Program (HOME), and

Whereas, citizen participation is the heart of the consolidated planning process, involving citizens in decisions that directly affect their lives, and

Whereas, the purpose of the Citizen Participation Plan is to encourage and insure full and proper citizen participation at all stages of the Consolidated Plan process, and

Whereas, the City recognizes the Citizen Participation Plan formally designates structures, procedures, roles and policies to be followed by program participants;

NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS:

Section 1.  The Citizen Participation Plan is hereby adopted.

Section 2. Chapter 1, Article 11 of the Code of the City of Lawrence, Kansas, 2008 Edition and amendments thereto, is hereby repealed, it being the intent to replace said article as follows:

1-1101              Establishment of Advisory Committee.

The Community Development Advisory Committee is hereby established.

1-1102              Purpose of Advisory Committee.

The purpose of the Community Development Advisory Committee is to advise and assist the City of Lawrence, Kansas in program funding and policy recommendations regarding the Community Development Block Grant (CDBG) and HOME Investment Partnerships Program (HOME).

1-1103              Specific Duties of Advisory Committee.

The Community Development Advisory Committee shall:

(A)        Develop and propose funding strategies and policies.

      (B)        Seek information and input from citizens who reside in low and/or moderate income neighborhoods or who are otherwise affected by CDBG/HOME activities. 

(C)        Recommend the allocation of CDBG and HOME funds.

      (D)        Review appeals made from determinations made by the Development Services staff regarding housing rehabilitation projects as prescribed in the Policies for Housing Rehabilitation Deferred Loans.

      (E)        Review Residential Code and Property Maintenance Code appeals.   

1-1104             Membership.

            The Community Development Advisory Committee shall consist of eleven members.  Each member shall be a resident of the City of Lawrence, Kansas.  Members shall be from diverse elements of the community, with emphasis on people whose interests, commitment, and expertise can best fulfill the obligations and responsibilities of the Committee.  Membership is voluntary and no voting member shall receive payment for service on the Advisory Committee.   Members will be appointed by the Mayor with the consent of the City Commissioners.  A minimum of six members shall be low or moderate income or live in a low or moderate income area or neighborhood, as defined by HUD census data.  There will be appointed no more than one individual from any particular area or neighborhood.  The remaining five members will be appointed at large from the community.  At least one of the eleven individuals shall also be a landlord.     

1-1105              Terms.

            Voting members of the Community Development Advisory Committee shall serve three year terms, except when appointed to fill out an unexpired term.  Initial appointments will be for one-, two-, or three-year terms so that membership changes will be staggered.  Members may serve two consecutive two-year terms.  If originally appointed to an unexpired term, the member may complete the term plus two consecutive three-year terms. 

1-1106              Meetings.

            Each year, one member shall be elected by the members of the Community Development Advisory Committee the Committee Chairperson, who shall preside at meetings.  A second member shall be elected as the Vice-Chairperson, to preside at meetings in the absence of the Chairperson.  Meetings shall be called at a time and place convenient to the Committee and shall be held as needed to conduct the business of the Committee.  The meetings shall be subject to all applicable provisions of the Kansas Open Meetings Act.  The Advisory Committee shall prepare and approve minutes of each of their meetings, which shall be forwarded to the City Commission. 

1-1107              Decisions and Procedures of the Committee.

            Recommendations of the Community Development Advisory Committee shall be approved by majority vote of the members present and voting.  The Advisory Committee shall adopt any lawful rules, regulations and by-laws it deems necessary for its operation.       

Section 3.  Article 12 of the Code of the City of Lawrence, Kansas, is hereby repealed. 

Section 4.  Article 17 of the Code of the City of Lawrence, Kansas, is hereby repealed. 

Section 5.   Severability.  If any section, clause, sentence, or phrase of this ordinance is found to be unconstitutional or is otherwise held invalid by any court of competent jurisdiction, it shall not affect the validity of any remaining parts of this ordinance.

Section 6.  Effective Date.  This ordinance shall take effect and be in full force and effect following its adoption and publication as provided by law.

Adopted this _______________ day of  ________________, 2008.

PASSED:

Michael Dever, Mayor

ATTEST:

Frank S. Reeb, City Clerk

APPROVED AS TO FORM AND LEGALITY:

Toni Ramirez Wheeler,

Director of Legal Services