An approved project area redevelopment plan may be modified at any time after the lease or sale of the area or part thereof provided that the modification is consented to by the lessee or purchaser, and that the proposed modification is adopted by the authority and then submitted to the local legislative body and approved by it. Before approval, the authority shall hold a public hearing on the proposed modification, and notice of the time and place of hearing shall be sent by mail at least 10 days prior to the hearing to the owners of the real properties in the project area and of the real properties immediately adjoining or across the street from the project area. The local legislative body may refer back to the authority any project area redevelopment plan, project area boundaries or modifications submitted to it, together with recommendations for changes in such plan, boundaries or modification, and if such recommended changes are adopted by the authority and in turn approved by the local legislative body, the plan, boundaries or modifications as thus changed shall be the approved plan, boundaries or modification.
Whenever the authority determines that a redevelopment plan with respect to a project area that has been approved and recorded in the register of deed's office is to be modified to permit land uses in the project area, other than those specified in the redevelopment plan, the authority shall notify all purchasers of property within the project area of the authority's intention to modify the redevelopment plan, and it shall hold a public hearing with respect to the modification. Notice shall be given to the purchasers of the property by personal service at least 20 days prior to the holding of the public hearing, or if the purchasers cannot be found notice shall be given by registered mail to the purchasers at their last-known address. Notice of the public hearing shall also be given by publication as a class 2 notice, under ch. 985
. The notice shall specify the project area and recite the proposed modification and its purposes. The public hearing shall be merely advisory to the authority. After the authority, following the public hearing, determines that the modification of the redevelopment plan will not affect the original objectives of the plan and that it will not produce conditions leading to a reoccurrence of slums or blight within the project area, the authority may by resolution act to modify the plan to permit additional land uses in the project area, subject to approval by the legislative body by a two-thirds vote of the members elect. If the local legislative body approves the modification to the redevelopment plan, an amendment to the plan containing the modification shall be recorded with the register of deeds of the county in which the project area is located and shall supplement the redevelopment plan previously recorded. Following the action with respect to modification of the redevelopment plan, the plan shall be considered amended and no legal rights shall accrue to any person or to any owner of property in the project area by reason of the modification of the redevelopment plan.
The provisions herein shall be construed liberally to effectuate the purposes hereof and substantial compliance shall be deemed adequate. Technical omissions shall not invalidate the procedure set forth herein with respect to acquisition of real property necessary or incidental to a redevelopment project.
(12) Limitation upon tax exemption.
The real and personal property of the authority is declared to be public property used for essential public and governmental purposes, and such property and an authority shall be exempt from all taxes of the state or any state public body; but the city in which a redevelopment or urban renewal project is located may fix a sum to be paid annually in lieu of such taxes by the authority for the services, improvements or facilities furnished to the project by the city if the authority is financially able to do so, but such sum shall not exceed the amount which would be levied as the annual tax of the city upon such project. However, no real property acquired under this section by a private company, corporation, individual, limited liability company or partnership, either by lease or purchase, shall be exempt from taxation by reason of such acquisition.
(13) Cooperation by public bodies and use of city funds.
To assist any redevelopment or urban renewal project located in the area in which the authority is authorized to act, any public body may, upon such terms as it determines: furnish services or facilities, provide property, lend or contribute funds, and perform any other action of a character which it is authorized to perform for other general purposes, and to enter into cooperation agreements and related contracts in furtherance of the purposes enumerated. Any city and any public body may levy taxes and assessments and appropriate such funds and make such expenditures as may be necessary to carry out the purposes of this subsection, but taxes and assessments shall not be levied under this subsection by a public body which has no power to levy taxes and assessments for any other purpose.
For the purpose of financially aiding an authority to carry out blight elimination, slum clearance and urban renewal programs and projects, the city in which the authority functions is authorized, without limiting its authority under any other law, to issue and sell general obligation bonds in the manner and in accordance with the provisions of ch. 67
, except that no referendum shall be required, and to levy taxes without limitation for the payment thereof, as provided in s. 67.035
. The bonds authorized under this subsection shall be fully negotiable and except as provided in this subsection shall not be subject to any other law or charter pertaining to the issuance or sale of bonds.
The local legislative body shall approve the budget for each fiscal year of the authority, and shall have the power to alter or modify any item of said budget relating to salaries, office operation or facilities.
(16) Legal services to authority.
The legal department of any city in which the authority functions can provide legal services to such authority and a member of the legal department having the necessary qualifications may, subject to approval of the authority, be its counsel; the authority may also retain specialists to render legal services as required by it.
This section shall be construed liberally to effectuate the purposes hereof and the enumeration therein of specific powers shall not operate to restrict the meaning of any general grant of power contained in this section or to exclude other powers comprehended in such general grant.
History: 1973 c. 172
; 1975 c. 4
; 1979 c. 89
; 1981 c. 20
; 1983 a. 24
; 1985 a. 219
; 1987 a. 27
; 1989 a. 31
; 1991 a. 316
; 1993 a. 16
; 1995 a. 27
The general rule of strict construction of eminent domain statutes does not apply due to the requirement of liberal construction of this section under sub. (17). Whether an area is "blighted" under this section may be determined by focusing on the general overall character of an area in the context of its surrounding neighbors. Grunwald v. City of West Allis, 202 W (2d) 472, 551 NW (2d) 36 (Ct. App. 1996).
Obligations, including notes, issued by a redevelopment authority under 66.431, Stats. 1969, to evidence a direct loan from the federal government are subject to the provisions of said statute which limit the interest rate thereon to 6% per annum. 59 Atty. Gen. 256.
See note to 895.35, citing 63 Atty. Gen. 421.
Redevelopment authority may condemn any property within the project area even though some portions of the urban renewal area are not in fact blighted. 65 Atty. Gen. 116.
Certain local governments and public agencies may issue obligations to provide mortgage loans on owner-occupied residences. However, compliance with mortgage subsidy bond tax act of 1980 is necessary to allow exemption of interest from federal taxation. 71 Atty. Gen. 74
Local equal opportunities. 66.432(1)
Declaration of policy.
The right of all persons to have equal opportunities for housing regardless of their sex, race, color, physical condition, disability as defined in s. 106.04 (1m) (g)
, sexual orientation as defined in s. 111.32 (13m)
, religion, national origin, marital status, family status as defined in s. 106.04 (1m) (k)
, lawful source of income, age or ancestry is a matter both of statewide concern under s. 106.04
and also of local interest under this section and s. 66.433
. The enactment of s. 106.04
by the legislature shall not preempt the subject matter of equal opportunities in housing from consideration by political subdivisions, and shall not exempt political subdivisions from their duty, nor deprive them of their right, to enact ordinances which prohibit discrimination in any type of housing solely on the basis of an individual being a member of a protected class.
"Political subdivision" means a city, village, town or county.
(2) Antidiscrimination housing ordinances.
Political subdivisions may enact ordinances prohibiting discrimination in housing within their respective boundaries solely on the basis of an individual being a member of a protected class. Such an ordinance may be similar to s. 106.04 (1)
or may be more inclusive in its terms or in respect to the different types of housing subject to its provisions, but any such ordinance establishing a forfeiture as a penalty for violation shall not be for an amount that is less than the statutory forfeitures under s. 106.04
. Such an ordinance may permit a complainant, aggrieved person or respondent to elect to remove the action to circuit court after a finding has been made that there is reasonable cause to believe that a violation of the ordinance has occurred. Such an ordinance may also authorize the political subdivision, at any time after a complaint has been filed alleging an ordinance violation, to file a complaint in circuit court seeking a temporary injunction or restraining order pending final disposition of the complaint.
(3) Contingency restriction.
No political subdivision shall enact an ordinance under sub. (2)
, which contains a provision making its effective date or the operation of any of its provisions contingent on the enactment of an ordinance on the same or similar subject matter by one or more other political subdivisions.
NOTE: 1991 Wis. Act 295
, which affected this section, contains extensive legislative council notes.
Ordinance provision banning discrimination against "cohabitants" was outside the authority of sub. (2) and invalid. County of Dane v. Norman, 174 W (2d) 683, 497 NW (2d) 714 (1993).
Housing and community development authorities. 66.4325(1)(1)
Any city may, by a two-thirds vote of the members of the city council present at the meeting, adopt an ordinance or resolution creating a housing and community development authority which shall be known as the "Community Development Authority" of such city. It shall be deemed a separate body politic for the purpose of carrying out blight elimination, slum clearance, urban renewal programs and projects and housing projects. The ordinance or resolution creating a housing and community development authority may also authorize such authority to act as the agent of the city in planning and carrying out community development programs and activities approved by the mayor and common council under the federal housing and community development act of 1974 and as agent to perform all acts, except the development of the general plan of the city, which may be otherwise performed by the planning commission under s. 66.405
. A certified copy of such ordinance or resolution shall be transmitted to the mayor. The ordinance or resolution shall also:
Provide that any redevelopment authority created under s. 66.431
operating in such city and any housing authority created under s. 66.40
operating in such city, shall terminate its operation as provided in sub. (5)
Declare in substance that a need for blight elimination, slum clearance, urban renewal and community development programs and projects and housing projects exists in the city.
(2) Appointment of members.
Upon receipt of a certified copy of such ordinance or resolution, the mayor shall, with the confirmation of the council, appoint 7 resident persons having sufficient ability and experience in the fields of urban renewal, community development and housing, as commissioners of the community development authority.
Two of the commissioners shall be members of the council and shall serve during their term of office as council members.
The first appointments of the 5 noncouncil members shall be for the following terms: 2 for one year and one each for terms of 2, 3 and 4 years. Thereafter the terms of noncouncil members shall be 4 years and until their successors are appointed and qualified.
Vacancies shall be filled for the unexpired term as provided in this subsection.
Commissioners shall be reimbursed their actual and necessary expenses including local travel expenses incurred in the discharge of their duties, and may, in the discretion of the city council, receive other compensation.
(3) Evidence of authority.
The filing of a certified copy of the ordinance or resolution referred to in sub. (1)
with the city clerk shall be prima facie evidence of the community development authority's right to transact business and such ordinance or resolution is not subject to challenge because of any technicality. In any suit, action or proceeding commenced against the community development authority, a certified copy of such ordinance or resolution is conclusive evidence that such community development authority is established and authorized to transact business and exercise its powers under this section.
(4) Powers and duties.
The community development authority shall have all powers, duties and functions set out in ss. 66.40
for housing and redevelopment authorities and as to all housing projects initiated by the community development authority it shall proceed under s. 66.40
, and as to all projects relating to blight elimination, slum clearance, urban renewal and redevelopment programs it shall proceed under s. 66.405
as determined appropriate by the common council on a project by project basis. As to all community development programs and activities undertaken by the city under the federal housing and community development act of 1974, the community development authority shall proceed under all applicable laws and ordinances not inconsistent with the laws of this state. In addition, if provided in the resolution or ordinance, the community development authority may act as agent of the city to perform all acts, except the development of the general plan of the city, which may be otherwise performed by the planning commission under s. 66.405
(5) Termination of housing and redevelopment authorities.
Upon the adoption of an ordinance or resolution creating a community development authority, all housing and redevelopment authorities previously created in such city under ss. 66.40
Any programs and projects which have been begun by housing and redevelopment authorities shall, upon adoption of such ordinance or resolution be transferred to and completed by the community development authority. Any procedures, hearings, actions or approvals taken or initiated by the redevelopment authority under s. 66.431
on pending projects is deemed to have been taken or initiated by the community development authority as though the community development authority had originally undertaken such procedures, hearings, actions or approvals.
Any form of indebtedness issued by a housing or redevelopment authority shall, upon the adoption of such ordinance or resolution, be assumed by the community development authority except as indicated in par. (e)
Upon the adoption of such ordinance or resolution, all contracts entered into between the federal government and a housing or redevelopment authority, or between such authorities and other parties shall be assumed and discharged by the community development authority except for the termination of operations by housing and redevelopment authorities. Housing and redevelopment authorities may execute any agreements contemplated by this subsection. Contracts for disposition of real property entered into by the redevelopment authority with respect to any project shall be deemed contracts of the community development authority without the requirement of amendments thereto. Contracts entered into between the federal government and the redevelopment authority or the housing authority shall bind the community development authority in the same manner as though originally entered into by the community development authority.
A community development authority may execute appropriate documents to reflect its assumption of the obligations set forth in this subsection.
A housing authority which has outstanding bonds or other securities that require the operation of the housing authority in order to fulfill its commitments with respect to the discharge of principal or interest or both, may continue in existence solely for such purpose. The ordinance or resolution creating the community development authority shall delineate the duties and responsibilities which shall devolve upon the housing authority with respect thereto.
The termination of housing and redevelopment authorities pursuant to this section shall not be subject to s. 66.40 (26)
(5m) Tax exemption.
Community development authority bonds issued on or after January 28, 1987, are declared to be issued for an essential public and governmental purpose and to be public instrumentalities and, together with interest thereon and income therefrom, are exempt from taxes.
(6) Controlling statute.
The powers conferred under this section shall be in addition and supplemental to the powers conferred by any other law. Insofar as this section is inconsistent with any other law, this section shall control.
This section shall be construed liberally to effectuate its purposes and the enumeration of specific powers herein does not restrict the meaning of any general grant of power contained in this section nor does it exclude other powers comprehended in such general grant.
Community relations-social development commissions. 66.433(1)(1)
"Municipality" as used herein means a city, village, town, school district or county.
Each municipality is authorized and urged to either establish by ordinance a community relations-social development commission or to participate in such a commission established on an intergovernmental basis within the county pursuant to enabling ordinances adopted by the participating municipalities; but a school district may establish or participate in such a commission by resolution instead of by ordinance. Such intergovernmental commission may be established in cooperation with any nonprofit corporation located in the county and composed primarily of public and private welfare agencies devoted to any of the purposes set forth in this section. Every such ordinance or resolution shall substantially embody the language of sub. (3)
. Each municipality may appropriate money to defray the expenses of such commission. If such commission is established on an intergovernmental basis within the county, the provisions of s. 66.30
, relating to local cooperation, are applicable thereto as optional authority and may be utilized by participating municipalities to effectuate the purposes of this section, but a contract between municipalities is not necessary for the joint exercise of any power authorized for the joint performance of any duty required herein.
(3) Purpose and functions of commission. 66.433(3)(a)(a)
The purpose of the commission is to study, analyze and recommend solutions for the major social, economic and cultural problems which affect people residing or working within the municipality including, without restriction because of enumeration, problems of the family, youth, education, the aging, juvenile delinquency, health and zoning standards, and discrimination in housing, employment and public accommodations and facilities on the basis of sex, class, race, religion, sexual orientation or ethnic or minority status.
Include within its studies problems related to pornography, industrial strife and the inciting or fomenting of class, race or religious hatred and prejudice.
Encourage and foster participation in the fine arts.
Recommend to the municipal governing body and chief executive or administrative officer the enactment of such ordinances or other action as they deem necessary:
To establish and keep in force proper health standards for the community and beneficial zoning for the community area in order to facilitate the elimination of blighted areas and to prevent the start and spread of such areas;
To ensure to all municipal residents, regardless of sex, race, sexual orientation or color, the rights to possess equal housing accommodations and to enjoy equal employment opportunities.
Cooperate with state and federal agencies and nongovernmental organizations having similar or related functions.
Examine the need for publicly and privately sponsored studies and programs in any field of human relationship which will aid in accomplishing the foregoing objectives, and initiate such public programs and studies and participate in and promote such privately sponsored programs and studies.
Have authority to conduct public hearings within the municipality and to administer oaths to persons testifying before it.
Employ such staff as is necessary to implement the duties assigned to it.
(4) Composition of commission.
The commission shall be nonpartisan and composed of citizens residing in the municipality, including representatives of the clergy and minority groups, and the composition thereof, number and method of appointing and removing the members thereof shall be determined by the governing body of the municipality creating or participating in the commission. Notwithstanding s. 59.10 (4)
or 66.11 (2)
, a member of such governing body may serve on the commission, except that a county board member in a county having a population over 500,000 may not accept compensation for serving on the commission. Of the persons first appointed, one-third shall hold office for one year, one-third for 2 years, and one-third for 3 years from the first day of February next following their appointment, and until their respective successors are appointed and qualified. All succeeding terms shall be for 3 years. Any vacancy shall be filled for the unexpired term in the same manner as original appointments. Every person appointed as a member of the commission shall take and file the official oath.
The commission shall meet in January, April, July and October of each year, and may meet at such additional times as the members determine or the chairperson directs. Annually, it shall elect from its membership a chairperson, vice chairperson and secretary. A majority of the commission shall constitute a quorum. Members of the commission shall receive no compensation, but each member shall be entitled to actual and necessary expenses incurred in the performance of commission duties. The commission may appoint consulting committees consisting of either members or nonmembers or both, the appointees of which shall be reimbursed their actual and necessary expenses. All expense accounts shall be paid by the commission on certification by the chairperson or acting chairperson.
(6) Open meetings.
All meetings of the commission and its consulting committees shall be publicly held and open to all citizens at all times as required by subch. V of ch. 19
(7) Designation of commissions as cooperating agencies under federal law. 66.433(7)(a)(a)
The commission may be the official agency of the municipality to accept assistance under title II of the federal economic opportunity act of 1964. No assistance shall be accepted with respect to any matter to which objection is made by the legislative body creating such commission, but if the commission is established on an intergovernmental basis and such objection is made by any participating legislative body said assistance may be accepted with the approval of a majority of the legislative bodies participating in such commission.
The commission may be the official agency of the municipality to accept assistance from the community relations service of the U.S. department of justice under title X of the federal civil rights act of 1964 to provide assistance to communities in resolving disputes, disagreements or difficulties relating to discriminatory practices based on sex, race, color or national origin which may impair the rights of persons in the municipality under the constitution or laws of the United States or which affect or may affect interstate commerce.
(8) Other powers of the county board of supervisors.
County boards may appropriate county funds for the operation of community relations-social development commissions established or reconstituted under this section, including those participated in on an equal basis by nonprofit corporations located in the county and comprised primarily of public and private welfare agencies devoted to any of the purposes set forth in this section. The legislature finds that the expenditure of county funds for the establishment or support of such commissions is for a public purpose.
It is the intent of this section to promote fair and friendly relations among all the people in this state, and to that end race, creed, sexual orientation or color ought not to be made tests in the matter of the right of any person to sell, lease, occupy or use real estate or to earn a livelihood or to enjoy the equal use of public accommodations and facilities.
(10) Short title.
This section shall be known and may be cited as "The Wisconsin Bill of Human Rights".
Functions of a community relations-social development commission are not limited to study, analysis and planning, but have authority to carry out some human relations programs providing services directly to citizens. 63 Atty. Gen. 182.
Vocational, technical and adult education districts are subject to city equal employment opportunity ordinances only within boundaries of city. 70 Atty. Gen. 226.
Community action agencies.
A city, village or town may appropriate funds for promoting and assisting any community action agency under s. 46.30
History: 1977 c. 29
; 1983 a. 27
s. 2200 (20)
This section shall be known and may be cited as the "Urban Renewal Act".
It is hereby found and declared that there exists in municipalities of the state slum, blighted and deteriorated areas which constitute a serious and growing menace injurious to the public health, safety, morals and welfare of the residents of the state, and the findings and declarations made before August 3, 1955 in s. 66.43 (2)
are in all respects affirmed and restated; that while certain slum, blighted or deteriorated areas, or portions thereof, may require acquisition and clearance, as provided in s. 66.43
, since the prevailing condition of decay may make impracticable the reclamation of the area by conservation or rehabilitation in such a manner that the conditions and evils hereinbefore enumerated may be eliminated, remedied or prevented, and to the extent feasible salvable slum and blighted areas should be conserved and rehabilitated through voluntary action and the regulatory process; and all acts and purposes provided for by this section are for and constitute public uses and are for and constitute public purposes, and that moneys expended in connection with such powers are declared to be for public purposes and to preserve the public interest, safety, health, morals and welfare. Any municipality in carrying out the provisions of this section shall afford maximum opportunity consistent with the sound needs of the municipality as a whole to the rehabilitation or redevelopment of areas by private enterprise.
"Rehabilitation or conservation work" may include any of the following:
Carrying out plans for a program of voluntary or compulsory repair and rehabilitation of buildings or other improvements.
Acquisition of real property and demolition, removal or rehabilitation of buildings and improvements thereon where necessary to eliminate unhealthful, unsanitary or unsafe conditions, lessen density, reduce traffic hazards, eliminate obsolete or other uses detrimental to the public welfare, or to otherwise remove or prevent the spread of blight or deterioration, or to provide land for needed public facilities.
Installation, construction or reconstruction of streets, utilities, parks, playgrounds, and other improvements necessary for carrying out the objectives of the urban renewal project.
The disposition, for uses in accordance with the objectives of the urban renewal project, of any property or part thereof acquired in the area of the project. The disposition shall be in the manner prescribed in this section for the disposition of property in a redevelopment project area.