Feed for /1999/related/acts/150 PDF
(c) Notwithstanding any other provision of law, the local legislative body may designate, by ordinance or resolution, any local housing authority existing under ss. 66.40 66.1201 to 66.404 66.1211, any local redevelopment authority existing under s. 66.431 66.1333, or both jointly, or any local community development authority existing under s. 66.4325 66.1335, as the agent of the city to perform any act, except the development of the general plan of the city, which may otherwise be performed by the planning commission under this section.
(5) General and project area redevelopment plans. (a) The planning commission is hereby directed to shall make and, from time to time, develop a comprehensive or general plan of the city, including the appropriate maps, charts, tables and descriptive, interpretive and analytical matter, which. The plan is intended to shall serve as a general framework or guide of development within which the various area and redevelopment projects under this section may be more precisely planned and calculated, and which comprehensive or general. The plan shall include at least a land use plan which designates the proposed general distribution and general locations and extents of the uses of the land for housing, business, industry, recreation, education, public buildings, public reservations and other general categories of public and private uses of the land.
(b) For the exercise of the powers granted and for the acquisition and disposition of real property for the redevelopment of a project area, the following steps and plans shall be requisite, namely are required:
1. Designation by the planning commission of the boundaries of the project area proposed by it for redevelopment, submission of such the boundaries to the local legislative body and the adoption of a resolution by said the local legislative body declaring such the area to be a blighted area in need of redevelopment.
2. Adoption by the planning commission and approval by the local legislative body of the redevelopment plan of the project area. Such The redevelopment plan shall conform to the general plan of the city and shall be sufficiently complete to indicate its relationship to definite local objectives as to appropriate land uses, improved traffic, public transportation, public utilities, recreational and community facilities, and other public improvements in the project area, and. The plan shall include, without being limited to, a statement of the boundaries of the project area; a map showing existing uses and conditions of real property therein in the area; a land use plan showing proposed uses of the area; information showing the standards of population density, land coverage, and building intensity in the area after redevelopment; a statement of proposed changes, if any, in zoning ordinances or maps and building codes and ordinances; a statement as to the kind and number of site improvements and additional public utilities which will be required to support the new land uses in the area after redevelopment; and a statement of a feasible method proposed for the relocation of families to be displaced from the project area.
3. Approval of a redevelopment plan of a project area by the local legislative body may be given only after a public hearing conducted by it, and a finding by it that said the plan is feasible and in conformity with the general plan of the city. Notice of such the hearing, describing the time, date, place and purpose of the hearing and generally identifying the project area, shall be published as a class 2 notice, under ch. 985, the last insertion to be at least 10 days prior to the date set for the hearing. All interested parties shall be afforded a reasonable opportunity at the hearing to express their views respecting the proposed plan, but the hearing shall be is only for the purpose of assisting the local legislative body in making its determination.
(c) In relation to the location and extent of public works and utilities, public buildings and other public uses in the general plan or in a project area plan, the planning commission is directed to shall confer with such other those public officials, boards, authorities and agencies under whose administrative jurisdictions such the uses respectively fall.
(d) After a project area redevelopment plan of a project area shall have has been adopted by the planning commission and approved by the local legislative body, the planning commission may at any time certify said the plan to the local legislative body, whereupon said. The local legislative body shall proceed to exercise the powers granted to it in this section for the acquisition and assembly of the real property of the area. Following such certification, no new construction shall may be authorized by any agencies, boards or commissions of the city, in such the area, unless as authorized by the local legislative body, including substantial remodeling or conversion or rebuilding, enlargement or extension of major structural improvements on existing buildings, but not including ordinary maintenance or remodeling or changes necessary to continue the occupancy.
(6) (a) (intro.) After the real property in the project area has been assembled, the city shall have power to may lease or sell all or any part of the real property, including streets or parts thereof to be closed or vacated in accordance with the plan, to a redevelopment company or to an individual, a limited liability company or a partnership for use in accordance with the redevelopment plan. Real property in the project area shall be leased or sold at its fair value for uses in accordance with the redevelopment plan notwithstanding that the fair value may be less than the cost of acquiring and preparing the property for redevelopment. In determining the property's fair value, a city shall take into account and give consideration to the following:
(b) Any such lease or sale under this subsection may be made without public bidding, but only after a public hearing by the planning commission upon the proposed lease or sale and the its provisions thereof; and notice. Notice of the hearing shall be published as a class 2 notice, under ch. 985.
(c) The terms of such a lease or sale under this subsection shall be fixed by the planning commission and approved by the local legislative body and the. The instrument of lease may provide for renewals upon reappraisals and with rentals and other provisions adjusted to such the reappraisals. Every such lease or sale shall provide that the lessee or purchaser shall carry out or cause to be carried out the approved project area redevelopment plan or approved modifications thereof and that no use shall may be made of any land or real property included in the lease or sale nor any building or structure erected thereon which does not conform to such the approved plan or approved modifications thereof. In the instrument or instruments of lease or sale, the planning commission, with the approval of the local legislative body, may include such other terms, conditions and provisions as in its judgment will provide reasonable assurance of the priority of the obligations of the lease or sale and of conformance to the plan over any other obligations of the lessee or purchaser and also assurance of the financial and legal ability of the lessee or purchaser to carry out and conform to the plan and the terms and conditions of the lease or sale; also, such and may include terms, conditions and specifications concerning buildings, improvements, subleases or tenancy, maintenance and management and any other matters as the planning commission, with the approval of the local legislative body, may impose or approve, including provisions whereby the obligations to carry out and conform to the project area plan shall run with the land. In the event that If maximum rentals to be charged to tenants of housing be are specified, provision may be made for periodic reconsideration of such rental bases.
(d) Until the planning commission certifies, with the approval of the local legislative body, that all building constructions and other physical improvements specified to be done and made by the purchaser of the area have been completed, the purchaser shall have no power to may not convey all or part of the area, or any part thereof, without the consent of the planning commission and the local legislative body, and no such consent shall may be given unless the grantee of the purchaser is obligated, by written instrument, to the city to carry out that portion of the redevelopment plan which falls within the boundaries of the conveyed property and also that the. The grantee, and the heirs, representatives, successors and assigns of the grantee shall have no right or power to, may not convey, lease or let the conveyed property or any part thereof of the property, or erect or use any building or structure erected thereon on the property free from obligation and requirement to conform to the approved project area redevelopment plan or approved modifications thereof.
(f) The planning commission may, with the approval of the local legislative body, cause to have demolished any demolish an existing structure or clear the area of any part thereof of the structure, or may specify the demolition and clearance to be performed by a lessee or purchaser and the time schedule for same the work. The planning commission, with the approval of the local legislative body, shall specify the time schedule and conditions for the construction of buildings and other improvements.
(g) In order to facilitate the lease or sale of a project area or, in the event that if the lease or sale is of parts of an area, the city shall have the power to may include in the cost payable by it the cost of the construction of local streets and sidewalks within the area or of grading and other local public surface or subsurface facilities necessary for shaping the area as the site of the redevelopment of the area. The city may arrange with the appropriate federal, state or county agencies for the reimbursement of such outlays from funds or assessments raised or levied for such these purposes.
(7) Housing for displaced families. In connection with every redevelopment plan the The housing authority shall formulate a feasible method for the temporary relocation of persons living in areas that are designated for clearance and redevelopment. In addition the The housing authority and the local legislative body will shall assure that decent, safe and sanitary dwellings substantially equal in number to the number of substandard dwellings to be removed in carrying out the redevelopment are available, or will be provided, at rents or prices within the financial reach of the income groups displaced.
(8) Use-value appraisals. After the city shall have has assembled and acquired the real property of the project area, it shall, as an aid to it in determining the rentals and other terms upon which it will lease or the price at which it will sell all or part of the area or parts thereof, place a use value upon each piece or tract of land within the area which, in accordance with the plan, is to be used for private uses or for low-rent housing, such use. The use value to shall be based on the planned use; and, for the purposes of this use valuation, it the city shall cause provide a use valuation appraisal to be made prepared by the local commissioner of assessments or assessor; but nothing. Nothing contained in this section shall may be construed as requiring the city to base its rentals or selling prices upon such the appraisal.
(9) Protection of redevelopment plan. (a) Previous to the Before execution and delivery by the city of a lease or conveyance to a redevelopment company, or previous to the before consent by the city to an assignment or conveyance by a lessee or purchaser to a redevelopment company, the articles or certificate of incorporation or association or charter or other basic instrument of such the company shall contain provisions so defining, limiting and regulating the exercise of the powers of the company so that neither the company nor its stockholders, its officers, its directors, its members, its beneficiaries, its bondholders or other creditors or other persons shall have any power to may amend or to effect the amendment of the terms and conditions of the lease or the terms and conditions of the sale without the consent of the planning commission, together with the approval of the local legislative body, or, in relation to the project area development plan, without the approval of any proposed modification in accordance with sub. (10); and no. No action of stockholders, officers, directors, bondholders, creditors, members, partners or other persons, nor any reorganization, dissolution, receivership, consolidation, foreclosure or any other change in the status or obligation of any redevelopment company, partnership, limited liability company or individual in any litigation or proceeding in any federal or other court shall may effect any release or any impairment or modification of the lease or terms of sale or of the project area redevelopment plan unless such consent or approval be is obtained.
(b) Redevelopment corporations A redevelopment corporation may be organized under the general corporation law of the state and shall have the power to be a redevelopment company under this section, and to; may acquire and hold real property for the purposes set forth in this section,; and to may exercise all other powers granted to redevelopment companies in this section, subject to the provisions, limitations and obligations herein set forth.
(c) A redevelopment company, individual, limited liability company or partnership to which any all or part of a project area or part thereof is leased or sold under this section shall keep books of account of its operations of or transactions relating to such the area or part entirely separate and distinct from accounts of and for any other project area or part thereof of the other project area or any other real property or enterprise; and no. No lien or other interest shall may be placed upon any real property in said the area to secure any indebtedness or obligation of the redevelopment company, individual, limited liability company or partnership incurred for or in relation to any property or enterprise outside of said the area.
(10) Modification of development plans. An approved project area redevelopment plan may be modified at any time or times after the lease or sale of all or part of the area or part thereof provided that if the modification be is consented to by the lessee or purchaser, and that if the proposed modification be is adopted by the planning commission and then submitted to the local legislative body and approved by it. Before approval, the local legislative body shall hold a public hearing on the proposed modification, notice of the time and place of which shall be given by mail sent at least 10 days prior to the hearing to the then 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 planning commission any project area redevelopment plan, project area boundaries or modification submitted to it, together with its recommendation for changes in such the plan, boundaries or modification and, if such recommended changes be are adopted by the planning commission and in turn formally approved by the local legislative body, the plan, boundaries or modification as thus changed shall be and become becomes the approved plan, boundaries or modification.
(11) Limitation upon tax exemption. Nothing contained in this section shall may be construed to authorize or require the exemption of any real property from taxation, except real property sold, leased or granted to and acquired by a public housing authority. No real property acquired pursuant to under this section by a private redevelopment company, individual, limited liability company or partnership either by lease or purchase shall be is exempt from taxation by reason of such the acquisition.
(12) Financial assistance. The city may accept grants or other financial assistance from the federal, state and county governments or from other sources to carry out the purposes of this section, and may do all things necessary to comply with the conditions attached to such the grants or loans.
(13) Cooperation and use of city funds. (a) To assist any redevelopment project located in the area in which it is authorized to may act, any a public body may, upon such terms as that it may determine: Furnish determines, furnish services or facilities, provide property, lend or contribute funds, and perform any other action of a character which it is authorized to may perform for other purposes.
(b) Every A city may appropriate and use its general funds to carry out the purposes of this section and, to obtain such funds, may, in addition to other powers set forth in this section, incur indebtedness, and issue bonds in such amount or amounts as that the local legislative body determines by resolution to be necessary for the purpose of raising funds for use in carrying out the purposes of this section; provided, that any. The issuance of bonds by a city pursuant to under this provision paragraph shall be in accordance with such statutory and other legal requirements as that govern the issuance of obligations generally by the city.
(14) Limited obligations. For the purpose of carrying out or administering a redevelopment plan or other functions authorized under this section, any a city may issue municipal obligations payable solely from and secured by a pledge of and lien upon any or all of the income, proceeds, revenues, funds and property of the city derived from or held by it in connection with redevelopment projects, including the proceeds of grants, loans, advances or contributions from any public or private source. Municipal obligations issued under this subsection may be registered under s. 67.09 but shall otherwise be in such a form, mature at such time or times, bear interest at such rate or rates, be issued and sold in such a manner, and contain such terms, covenants, and conditions as that the local legislative body of the city shall, by resolution, determine determines. The municipal obligations shall be fully negotiable, shall not require a referendum, and shall are not be subject to the provisions of any other law or charter relating to the issuance or sale of municipal obligations. Obligations under this section sold to the United States government need not be sold at public sale. In this subsection, "municipal obligation" has the meaning specified in s. 67.01 (6).
(15) Construction. This section shall be construed liberally to effectuate the its purposes hereof and the enumeration therein in this section of specific powers shall does not operate to restrict the meaning of any general grant of power contained in this section or to exclude other powers comprehended in such the general grant.
150,439 Section 439. 66.43 (16) of the statutes is repealed.
Note: Repealed as archaic. The subsection validates actions of a city taken before July 10, 1953. There appears to be no need to continue the validation.
150,440 Section 440. 66.43 (17) of the statutes is renumbered 66.1331 (16).
150,441 Section 441. 66.431 (title) of the statutes is renumbered 66.1333 (title).
150,442 Section 442. 66.431 (1), (2) and (2m) (intro.) and (a) to (e) of the statutes are renumbered 66.1333 (1), (2) and (2m) (intro.) and (a) to (e), and 66.1333 (2) and (2m) (intro.) and (d) (intro.) and 1. to 5., as renumbered, are amended to read:
66.1333 (2) Findings. In addition to the findings and declarations made in ss. 66.43 66.1331 (2) and 66.435, which findings and declarations are in all respects affirmed, restated and incorporated herein 66.1337, it is further found and declared that the existence of substandard, deteriorated, slum and blighted areas and blighted properties is a matter of statewide concern; that it. It is the policy of this state to protect and promote the health, safety, morals and general welfare of the people of the state in which such these areas and blighted properties exist by the elimination and prevention of such these areas and blighted properties through the utilization of all means appropriate for that purpose, thereby encouraging well-planned, integrated, stable, safe and healthful neighborhoods, the provision of healthful homes, a decent living environment and adequate places for employment of the people of this state and its communities in such these areas and blighted properties; that the. The purposes of this section are to provide further for the elimination and prevention of substandard, deteriorated, slum and blighted areas and blighted properties through redevelopment and other activities by state-created agencies and the utilization of all other available public and private agencies and resources, thereby carrying out the policy of this state as heretofore declared; that state. State agencies are necessary in order to carry out in the most effective and efficient manner the state's policy and declared purposes for the prevention and elimination of substandard, deteriorated, slum and blighted areas and blighted properties; and that such state. State agencies shall be available in all the cities in the state to be known as the redevelopment authorities of the particular cities, to and carry out and effectuate the provisions of this section when the local legislative bodies of the cities determine there is a need for them to carry out within their cities the powers and purposes of this section; and any assistance. Assistance which may be given by cities or any other public bodies in connection therewith, are public uses and purposes under this section is a public use and purpose for which public money may be expended; and that the. The necessity in the public interest for the provisions herein enacted of this section is declared a matter of legislative determination. Nothing contained herein is deemed to contravene, repeal or rescind in this subsection contravenes, repeals or rescinds the finding or declaration of necessity prior to before the recreation thereof of this subsection on June 1, 1958.
(2m) Definitions. (intro.) As used or referred to in In this section, unless the context clearly indicates otherwise:
(d) (intro.) "Blight elimination, slum clearance and urban renewal project", "redevelopment and urban renewal project", "redevelopment or urban renewal project", "redevelopment project", "urban renewal project" and "project" mean undertakings and activities in a project area for the elimination and for the prevention of the development or spread of slums and blight, and may involve clearance and redevelopment in a project area, or rehabilitation or conservation in a project area, or any combination or part thereof of the undertakings and activities in accordance with a "redevelopment plan", "urban renewal plan", "redevelopment or urban renewal plan", "project area plan" or "redevelopment and urban renewal plan", either one of which means the redevelopment plan of the project area prepared and approved as provided in sub. (6). Such These undertakings and activities may include all of the following:
1. Acquisition of all or a portion of a blighted area or portions thereof;.
2. Demolition and removal of buildings and improvements;.
3. Installation, construction, or reconstruction of streets, utilities, parks, playgrounds, and other improvements necessary for carrying out in the project area the objectives of this section in accordance with the redevelopment plan;.
4. Disposition of any property acquired in the project area (, including sale, initial leasing or retention by the authority itself), at its fair value for uses in accordance with the redevelopment plan;.
5. Carrying out plans for a program of voluntary or compulsory repair and rehabilitation of buildings or other improvements in accordance with the redevelopment plan; and.
150,443 Section 443. 66.431 (2m) (f) of the statutes is repealed.
Note: Repeals a provision that defines a city to be a city. The provision is unnecessary.
150,444 Section 444. 66.431 (2m) (g) to (t) and (3) to (5m) of the statutes are renumbered 66.1333 (2m) (g) to (t) and (3) to (5m), and 66.1333 (2m) (j), (3) (a) 1. and 4. and (b) to (g) and (5) (a), (b) 4. and (c) 1r. and 2., as renumbered, are amended to read:
66.1333 (2m) (j) "Real property" includes all lands, together with improvements and fixtures thereon, and property of any nature appurtenant thereto to the lands, or used in connection therewith with the lands, and every estate, interest, right and use, legal or equitable, therein in the lands, including terms for years and liens by way of judgment, mortgage or otherwise.
(3) (a) 1. It is found and declared that a redevelopment authority, functioning within a city in which there exists substandard, deteriorating, deteriorated, unsanitary slum and blighted areas, constitutes a more effective and efficient means for preventing and eliminating slums and blighted areas in the city and preventing the recurrence thereof of blighted areas. Therefore, there is created in every such city with a blighted area a redevelopment authority, to be known as the "redevelopment authority of the city of ....". An authority is created for the purpose of carrying out blight elimination, slum clearance, and urban renewal programs and projects as set forth in this section, together with all powers necessary or incidental to effect adequate and comprehensive blight elimination, slum clearance and urban renewal programs and projects.
4. The powers of the authority shall be are vested in the commissioners.
(b) The commissioners who are first appointed shall be designated by the appointing power to serve for the following terms: 2 for one year, 2 for 2 years, 1 one for 3 years, 1 one for 4 years, and 1 one for 5 years, from the date of their appointment. Thereafter After the first appointments, the term of office shall be for is 5 years. A commissioner shall hold holds office until a successor has been is appointed and qualified. Removals with respect to commissioners Removal of the authority shall be a commissioner is governed by s. 66.40 66.1201. Vacancies and new appointments shall be are filled in the same manner as provided in par. (a).
(c) The filing of a certified copy of the resolution above referred to adopted under par. (a) with the city clerk shall be is prima facie evidence of the authority's right to proceed, and such the resolution shall is not be subject to challenge because of any technicality. In any suit, action or proceeding commenced against the authority, a certified copy of such the resolution shall be deemed is conclusive evidence that such the authority is established and authorized to transact business and exercise its powers hereunder under this section.
(d) Following the adoption of such a resolution, such under par. (a), a city shall thereafter be is precluded from exercising the powers provided in s. 66.43 66.1331 (4), and the authority has exclusive power to may proceed to carry on the blight elimination, slum clearance and urban renewal projects in such the city, except that such the city is not precluded from applying, accepting and contracting for federal grants, advances and loans under the housing and community development act of 1974 (P.L. 93-383).
(e) 1. Such An authority shall have has no power, whatsoever, in connection with any public housing project;.
2. Persons otherwise entitled to any right, benefit, facility or privilege under this section shall may not, with reference thereto, be denied such the right, benefit, facility or privilege in any manner for any purpose nor be discriminated against because of sex, race, color, creed, sexual orientation or national origin.
(f) In carrying out this section, the An authority is deemed an independent, separate and distinct public body and a body corporate and politic, exercising public powers determined to be necessary by the state to protect and promote the health, safety and morals of its residents, and is authorized to may take title to real and personal property in its own name; and such. The authority shall may proceed with the acquisition of property by eminent domain under ch. 32, or any other law relating specifically to eminent domain procedures of redevelopment authorities.
(g) The An authority may employ personnel as required to perform its duties and responsibilities under civil service. The authority may appoint an executive director whose qualifications shall be are determined by the authority. The director shall also act as secretary of the authority and may have has the duties, powers and responsibilities delegated by the authority. All of the employes, including the director of the authority, shall be eligible to may participate in the same pension system, health and life insurance programs and deferred compensation programs provided for city employes and are eligible for any other benefits provided to city employes.
(5) (a) Every An authority is granted, in addition to any other powers, may exercise all powers necessary or incidental to carry out and effectuate the purposes of this section, including the power to do all of the following powers:
1. To prepare or cause to be prepared Prepare redevelopment plans and urban renewal plans and to undertake and carry out redevelopment and urban renewal projects within the corporate limits of the city in which it functions.
2. To enter Enter into any contracts determined by the authority to be necessary to effectuate the purposes of this section. All contracts, other than those for personal or professional services, in excess of $25,000 shall be are subject to bid and shall be awarded to the lowest qualified and competent bidder. The authority may reject any bid required under this paragraph. The authority shall advertise for bids by a class 2 notice, under ch. 985, published in the city in which the project is to be developed. If the estimated cost of a contract, other than a contract for personal or professional services, is between $3,000 and $25,000, the authority shall give a class 2 notice, under ch. 985, of the proposed work before the contract is entered into.
3. Within the boundaries of the city to, acquire by purchase, lease, eminent domain, or otherwise, any real or personal property or any interest therein in the property, together with any improvements thereon on the property, necessary or incidental to a redevelopment or urban renewal project; to hold, improve, clear or prepare for redevelopment or urban renewal any such of the property; to sell, lease, subdivide, retain or make available the property for the city's use; to mortgage or otherwise encumber or dispose of any such of the property or any interest therein; to in the property; enter into contracts with redevelopers of property containing covenants, restrictions and conditions regarding the use of such the property in accordance with a redevelopment or urban renewal plan, and such other covenants, restrictions and conditions as that the authority deems considers necessary to prevent a recurrence of blighted areas or to effectuate the purposes of this section; to make any of such covenants, restrictions, conditions or covenants running with the land and to provide appropriate remedies for any their breach thereof; to; arrange or contract for the furnishing of services, privileges, works or facilities for, or in connection with a project; to temporarily operate and maintain real property acquired by it in a project area for or in connection with a project pending the disposition of the property for such uses and purposes as that may be deemed desirable even though not in conformity with the redevelopment plan for the area; within the boundaries of the city to, enter into any building or property in any project area in order to make inspections, surveys, appraisals, soundings or test borings, and to obtain an a court order for this purpose from a court of competent jurisdiction in the event if entry is denied or resisted; to own and hold property and to insure or provide for the insurance of any real or personal property or any of its operations against any risks or hazards, including the power to pay paying premiums on any such insurance; to invest any project funds held in reserves or sinking funds or any such the funds not required for immediate disbursement in property or securities in which savings banks may legally invest funds subject to their control; to redeem its bonds issued under this section at the redemption price established therein in the bonds or to purchase such the bonds at less than redemption price, all such bonds so redeemed or purchased to be canceled; to develop, test and report methods and techniques, and carry out demonstrations and other activities, for the prevention and elimination of slums and blight; and to disseminate blight elimination, slum clearance and urban renewal information.
4. a. To borrow Borrow money and issue bonds; to execute notes, debentures and other forms of indebtedness; and to apply for and accept advances, loans, grants, contributions and any other form of financial assistance from the city in which it functions, from the federal government, the state, county, or other public body, or from any sources, public or private for the purposes of this section, and to give such security as may be required and to enter into and carry out contracts or agreements in connection therewith with the security; and to include in any contract for financial assistance with the federal government for or with respect to blight elimination and slum clearance and urban renewal such conditions imposed pursuant to federal laws as the authority deems reasonable and appropriate and which are not inconsistent with the purposes of this section.
b. Any debt or obligation of the authority shall is not be deemed the debt or obligation of the city, county, state or any other governmental authority other than the redevelopment authority itself.
c. To issue Issue bonds in its discretion to finance its activities under this section, including the payment of principal and interest upon any advances for surveys and plans, and may issue refunding bonds for the payment or retirement of such bonds previously issued by it. Such bonds Bonds shall be made payable, as to both principal and interest, solely from the income, proceeds, revenues, and funds of the authority derived from or held in connection with its undertaking and carrying out of projects or activities under this section; provided that payment. Payment of such the bonds, both as to principal and interest, may be further secured by a pledge of any loan, grant or contribution from the federal government or other source, in aid of any projects or activities of the authority under this section, and by a mortgage of any such all or a part of the projects or activities, or any part thereof. Bonds issued under this section shall are not constitute an indebtedness within the meaning of any constitutional or statutory debt limitation or restriction of the state, city or of any public body other than the authority issuing the bonds, and shall are not be subject to any other law or charter relating to the authorization, issuance or sale of bonds. Bonds issued under this section are declared to be issued for an essential public and governmental purpose and, together with interest thereon and income therefrom, shall be are exempt from all taxes. Bonds issued under this section shall be authorized by resolution of the authority and, may be issued in one or more series and shall bear such a date, be payable upon demand or mature at such a time, bear interest at such a rate, be in such a denomination, be in such a form either with or without coupon or registered, carry such conversion or registration privileges, have such rank or priority, be payable in such a medium of payment, at such a place, and be subject to such terms of redemption, with or without premium, be secured in such a manner, and have such other characteristics, as is provided by the resolution, trust indenture or mortgage issued pursuant thereto to the transaction. Bonds issued under this section shall be executed as provided in s. 67.08 (1) and may be registered under s. 67.09. The bonds may be sold or exchanged at public sale or by private negotiation with bond underwriters as the authority may provide provides. The bonds may be sold or exchanged at such any price or prices as that the authority shall determine determines. If sold or exchanged at public sale, the sale shall be held after a class 2 notice, under ch. 985, published prior to such before the sale in a newspaper having general circulation in the city and in such any other medium of publication as that the authority determines. Such bonds Bonds may be sold to the federal government at private sale, without publication of any notice, at not less than par, and, if less than all of the authorized principal amount of such the bonds is sold to the federal government, the balance may be sold at private sale at not less than par at an interest cost to the authority of that does not to exceed the interest cost to the authority of the portion of the bonds sold to the federal government. Any provision of any law to the contrary notwithstanding, any bonds issued pursuant to under this section shall be are fully negotiable. In any suit, action or proceeding involving the validity or enforceability of any bond issued under this section or the security therefor for any bond, any such bond reciting in substance that it has been issued by the authority in connection with a project or activity under this section shall be conclusively is deemed to have been issued for such that purpose and such the project or activity shall be conclusively is deemed to have been planned, located and carried out in accordance with this section.
5. To establish Establish a procedure for preservation of the records of the authority by the use of microfilm, another reproductive device, optical imaging or electronic formatting, if authorized under s. 19.21 (4) (c). Any such The procedure shall assure that copies of such the records that are open to public inspection continue to be available to members of the public requesting them. A photographic reproduction of a record or copy of a record generated from optical disk or electronic storage is deemed the same as an original record for all purposes if it meets the applicable standards established in ss. 16.61 and 16.612.
6. The Authorize the chairperson of the authority or the vice chairperson in the absence of the chairperson, selected by vote of the commissioners, and the executive director or the assistant director in the absence of the executive director is authorized to execute on behalf of the authority all contracts, notes and other forms of obligation when authorized by at least 4 of the commissioners of the authority to do so.
7. The authority is authorized to commence Commence actions in its own name and. The authority shall be sued in the name of the authority. The authority shall have an official seal.
8. To exercise such Exercise other and further powers as that may be required or necessary in order to effectuate the purposes hereof of this section.
9. To exercise Exercise any powers of a housing authority under s. 66.40 66.1201 if done in concert with a housing authority under a contract under s. 66.30 66.0301.
(b) 4. The authority may acquire by purchase real property within any area designated for urban renewal or redevelopment purposes under this section prior to before the approval of either the redevelopment or urban renewal plans or prior to before any modification of the plan, providing if approval of such the acquisition is granted by the local governing body. In the event of the acquisition of such real property If real property is acquired, the authority may demolish or remove structures so acquired with the approval of the local governing body. In the event that If acquired real property so acquired is not made part of the urban renewal project the authority shall bear any loss that may arise as a result of the acquisition, demolition or removal of structures acquired under this section; however, the local legislative body if it. If the local legislative body has given its approval to the acquisition of such real property that is not made a part of the urban renewal project, it shall reimburse the authority for any loss sustained as provided for in this subsection. Any real property acquired in a redevelopment or in an urban renewal area pursuant to under this subsection may be disposed of in accordance with the provisions of under this section providing if the local governing body has approved the acquisition of the property for the project.
(c) 1r. Condemnation proceedings for the acquisition of blighted property shall be conducted under ch. 32 or under any other law relating specifically to eminent domain procedures of authorities. The authority may hold, clear, construct, manage, improve or dispose of the blighted property, for the purpose of eliminating its status as blighted property. Notwithstanding sub. (9), the authority may dispose of the blighted property in any manner. The authority may assist private acquisition, improvement and development of blighted property for the purpose of eliminating its status as blighted property, and for that purpose the authority shall have has all of the duties, rights, powers and privileges given to the authority under this section, as if it had acquired the blighted property.
2. Prior to Before acquiring blighted property under subd. 1. or 1g., the authority shall hold a public hearing to determine if the property is blighted property. Notice of such the hearing, describing the time, date, place and purpose of the hearing and generally identifying the property involved, shall be given to each owner of the property, at least 20 days prior to before the date set for the hearing, by certified mail with return receipt requested. If the notice cannot be delivered by certified mail with return receipt requested, or if the notice is returned undelivered, notice may be given by posting the notice at least 10 days prior to before the date of hearing on any structure located on the property which is the subject of the notice. If the property which is the subject of the notice consists of vacant land, a notice may be posted in some suitable and conspicuous place on that property. For the purpose of ascertaining the name of the owner or owners of record of property which is subject to a public hearing under this subdivision, the records of the register of deeds of the county in which such the property is located, as of the date of the notice required under this subdivision, shall be deemed are conclusive. An affidavit of mailing or posting the notice which is filed as a part of the records of the authority shall be deemed is prima facie evidence of that notice. In the hearing under this subdivision, all interested parties may express their views respecting on the authority's proposed determination, but the hearing is only for informational purposes. Any technical omission or error in the procedure specified under this subdivision does not invalidate the designation or subsequent acquisition. If any owner of property subject to the authority's determination that the property is blighted property objects to that determination or to the authority's acquisition of that property, that owner shall file a written statement of his or her and reasons for the objections and the reasons for those objections with the authority prior to before, at the time of, or within 15 days after the public hearing under this subdivision. Such The statement shall contain the mailing address of the person filing the statement and be signed by or on behalf of that person. The filing of that statement shall be is a condition precedent to the commencement of an action to contest the authority's actions under this paragraph.
150,445 Section 445. 66.431 (5r) of the statutes, as created by 1999 Wisconsin Act 9, is renumbered 66.1333 (5r).
150,446 Section 446. 66.431 (6) to (17) of the statutes are renumbered 66.1333 (6) to (17), and 66.1333 (6) (a) to (e), (9) (a) 1. a. and c. and (b) to (f) and (10) to (17), as renumbered, are amended to read:
66.1333 (6) (a) The authority may make or cause to be made and prepare or cause to be prepared a comprehensive plan of redevelopment and urban renewal which shall be consistent with the general plan of the city, including the appropriate maps, tables, charts and descriptive and analytical matter. Such The plan is intended to serve as a general framework or guide of development within which the various area and redevelopment and urban renewal projects may be more precisely planned and calculated. The comprehensive plan shall include at least a land use plan which designates the proposed general distribution and general locations and extents of the uses of the land for housing, business, industry, recreation, education, public buildings, public reservations and other general categories of public and private uses of the land. The authority is authorized to may make or have made all other surveys and plans necessary under this section, and to adopt or approve, modify and amend such the plans.
(b) For the exercise of the powers granted and for the acquisition and disposition of real property in a project area, the following steps and plans shall be requisite are required:
1. Designation by the authority of the boundaries of the proposed project area, submission of such the boundaries to the local legislative body, and adoption of a resolution by two-thirds of such the local legislative body declaring such the area to be a blighted area in need of a blight elimination, slum clearance and urban renewal project. Thereafter After these acts, the local legislative body may, by resolution by two-thirds vote, prohibit for an initial period of not to exceed 6 months from enactment of such the resolution any new construction in such the area except upon resolution by the local legislative body that such the proposed new construction, on such reasonable conditions as may be fixed therein stated in the resolution, will not substantially prejudice the preparation or processing of a plan for the area and is necessary to avoid substantial damage to the applicant. Such The order of prohibition shall be is subject to successive renewals for like periods by like resolutions;, but no new construction contrary to any such resolution of prohibition shall may be authorized by any agency, board or commission of the city in such the area except as herein provided in this subdivision. No such prohibition of new construction shall may be construed to forbid ordinary repair or maintenance, or improvement necessary to continue occupancy under any regulatory order.
2. Approval by the authority and by two-thirds of the local legislative body of the redevelopment plan of the project area which has been prepared by the authority. Such The redevelopment plan shall conform to the general plan of the city and shall be sufficiently complete to indicate its relationship to definite local objectives as to appropriate land uses, improved traffic, public transportation, public utilities, recreational and community facilities, and other public improvements in the project area, and. The redevelopment plan shall include, without being limited to, a statement of the boundaries of the project area; a map showing existing uses and conditions of real property therein; a land use plan showing proposed uses of the area; information showing the standards of population density, land coverage and building intensity in the area after redevelopment; present and potential equalized value for property tax purposes; a statement of proposed changes, if any, in zoning ordinances or maps and building codes and ordinances; a statement as to the kind and number of site improvements and additional public utilities which will be required to support the new land uses in the area after redevelopment; and a statement of a feasible method proposed for the relocation of families to be displaced from the project area.
3. Approval of a redevelopment plan of a project area by the authority, which may be given only after a public hearing conducted by the authority and a finding by the authority that such the plan is feasible and in conformity with the general plan of the city. Notice of such the hearing, describing the time, date, place and purpose of the hearing and generally identifying the project area, shall be published as a class 2 notice, under ch. 985, the last insertion to be at least 10 days prior to before the date set for the hearing. In addition thereto, at At least 20 days prior to before the date set for the hearing on the proposed redevelopment plan of the project area a notice shall be transmitted by certified mail, with return receipt requested, to each owner of real property of record within the boundaries of the redevelopment plan. If transmission of such the notice by certified mail with return receipt requested cannot be accomplished, or if the letter is returned undelivered, then notice may be given by posting the same notice at least 10 days prior to before the date of hearing on any structure located on the property; or, if such the property consists of vacant land, a notice may be posted in some suitable and conspicuous place on such the land. Such The notice shall state the time and place at which the hearing will be held with respect to the redevelopment plan and that the owner's property might be taken for urban renewal. For the purpose of ascertaining the name of the owner of record of the real property within such the project boundaries, the records, at the time of the approval by the redevelopment authority of the project boundaries, of the register of deeds of the county in which such the property is located shall be deemed are conclusive. Failure to receive such the notice shall does not invalidate the plan. An affidavit of mailing or posting of such the notice or posting thereof filed as a part of the records of the authority shall be deemed is prima facie evidence of the giving of such notice. All interested parties shall be afforded a full opportunity to express their views respecting on the proposed plan at such the public hearing, but the hearing shall only be for the purpose of assisting the authority in making its determination and in submitting its report to the local legislative body. Any technical omission in the procedure outlined herein shall in this subdivision does not be deemed to invalidate the plan. Any owner of property included within the boundaries of the redevelopment plan and objecting who objects to such the plan shall be required to state the owner's objections and the reasons therefor for objecting, in writing, and file the same document with the authority either prior to before the public hearing, at the time of the public hearing, or within 15 days thereafter, but not subsequently thereto after the hearing. The owner shall state his or her mailing address and sign his or her name thereto. The filing of such objections in writing shall be is a condition precedent to the commencement of an action to contest the right of the redevelopment authority to condemn the property under s. 32.06 (5).
(c) In relation to the location and extent of public works and utilities, public buildings and public uses in a comprehensive plan or a project area plan, the authority is directed to shall confer with the planning commission and with such other public officials, boards, authorities and agencies of the city under whose administrative jurisdictions such these uses respectively fall.
(d) At any time after such After the redevelopment plan has been approved both by the authority and the local legislative body, it may be amended by resolution adopted by the authority, and such the amendment shall be submitted to the local legislative body for its approval by a two-thirds vote before the same shall become it becomes effective. It shall is not be required in connection with any amendment to the redevelopment plan, unless the boundaries described in the plan are altered to include other property, that the provisions in this subsection with respect to public hearing and notice be followed.
(e) After a project area redevelopment plan of a project area has been adopted by the authority, and the local legislative body has by a two-thirds vote approved the redevelopment plan the authority may at any time certify said the plan to the local legislative body, whereupon. After certification, the authority shall proceed to exercise the powers granted to it for the acquisition and assembly of the real property of the area. The local legislative body shall upon the certification of such the plan by the authority direct that no new construction shall be permitted , and thereafter. After this direction, no new construction shall may be authorized by any agencies, boards or commissions of the city in such the area unless as authorized by the local legislative body, including substantial remodeling or conversion or rebuilding, enlargement, or extension or major structural improvements on existing buildings, but not including ordinary maintenance or remodeling or changes necessary to continue the occupancy.
(9) (a) 1. a. Upon the acquisition of any or all of the real property in the project area, the authority has power to may lease, sell or otherwise transfer to a redevelopment company, association, corporation or public body, or to an individual, limited liability company or partnership, all or any part of the real property, including streets or parts thereof of streets to be closed or vacated in accordance with the plan, for use in accordance with the redevelopment plan. No assembled lands of the project area shall may be either sold or leased by the authority to a housing authority created under s. 66.40 66.1201 for the purpose of constructing public housing projects upon such the land unless the sale or lease of the lands has been first approved by the local legislative body by a vote of not less than four-fifths of the members elected.
c. A copy of the redevelopment plan shall be recorded in the office of the register of deeds in the county where the redevelopment project is located. Any amendment to the redevelopment plan, approved as herein provided for under sub. (6), shall also be recorded in the office of the register of deeds of the county.
(b) Any such A lease or sale may be made without public bidding, but only after public hearing is held by the authority after a notice to be is published as a class 2 notice, under ch. 985, and the. The hearing shall be predicated upon the proposed sale or lease and the provisions thereof of the sale or lease.
(c) The terms of such a lease or sale shall be fixed by the authority, and the instrument of lease may provide for renewals upon reappraisals and with rentals and other provisions adjusted to such the reappraisals. Every such lease or sale shall provide that the lessee or purchaser shall will carry out or cause to be carried out the approved project area redevelopment plan or approved modifications thereof of the redevelopment plan, and that the use of such land or real property included in the lease or sale, and any building or structure erected thereon, shall conform to such the approved plan or approved modifications thereof of the plan. In the instrument of lease or sale, the authority may include such other terms, provisions and conditions as in its judgment that will provide reasonable assurance of the priority of the obligations of the lease or sale and, of conformance to the plan over any other obligations of the lessee or purchaser, and also assurance of the financial and legal ability of the lessee or purchaser to carry out and conform to the plan and the terms and conditions of the lease or sale; also, such . In the instrument of lease or sale, the authority may include terms, conditions and specifications concerning buildings, improvements, subleases or tenancy, maintenance and management, and any other matters as that the authority may impose or approve imposes or approves, including provisions whereby under which the obligations to carry out and conform to the project area plan shall run with the land. If maximum rentals to be charged to tenants are specified, provision may be made for periodic reconsideration of such rental bases.
(d) Until the authority certifies that all building constructions and other physical improvements specified by the purchaser have been completed, the purchaser shall have no power to may not convey the all or part of an area, or any part thereof, without the consent of the authority and no such. No consent shall may be given unless the grantee of the purchaser is obligated, by written instrument, to the authority to carry out that portion of the redevelopment plan which falls within the boundaries of the conveyed property and also unless the written instrument specifies that the grantee and the heirs, representatives, successors and assigns of the grantee, shall have no right or power to may not convey, lease or let all or part of the conveyed property or any part thereof, or erect or use any building or structure erected thereon on the conveyed property free from obligation and requirement to conform to the approved project area redevelopment plan or approved modifications thereof of the redevelopment plan.
(e) The authority may cause to have demolished demolish any existing structure or clear the all or part of an area of any part thereof, or specify the demolition and clearance to be performed by a lessee or purchaser and a time schedule for the same demolition and clearance. The authority shall specify the time schedule and conditions for the construction of buildings and other improvements.
(f) In order to facilitate the lease or sale of a project area, or if the lease or sale is part of an area, the authority has the power to may include in the cost payable by it the cost of the construction of local streets and sidewalks in the area, or of grading and any other local public surface or subsurface facilities or any site improvements necessary for shaping the area as the site of the redevelopment of the area. The authority may arrange with the appropriate federal, state, county or city agencies for the reimbursement of such outlays from funds or assessments raised or levied for such these purposes.
(10) Housing for displaced families; relocation payments. In connection with every redevelopment plan, the An authority shall formulate a feasible method for the temporary relocation of persons living in areas that are designated for clearance and redevelopment. In addition, the The authority shall prepare a plan which shall be submitted for submittal to the local legislative body for approval which shall assure that decent, safe and sanitary dwellings substantially equal in number to the number of substandard dwellings to be removed in carrying out the redevelopment are available or will be provided at rents or prices within the financial reach of the income groups displaced. The authority is authorized to may make relocation payments to or with respect to persons (, including families, business concerns and others), displaced by a project for moving expenses and losses of property for which reimbursement or compensation is not otherwise made, including the making of such payments financed by the federal government.
(11) Modification of redevelopment plan. (a) An approved project area redevelopment plan may be modified at any time after the lease or sale of all or part of the area or part thereof provided that if the modification is consented to by the lessee or purchaser, and that the proposed modification is adopted by the authority and then submitted to, and approved by, 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 before 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 the plan, boundaries or modification, and if such the 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 become the approved plan, boundaries or modification.
(b) 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 on the modification. Notice shall be given to the purchasers of the property by personal service at least 20 days prior to before 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 is advisory to the authority. After If 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 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 is 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.
(c) The provisions herein of this subsection shall be construed liberally to effectuate the its purposes hereof and substantial compliance shall be deemed is adequate. Technical omissions shall do not invalidate the procedure set forth herein in this subsection 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 the property and an authority shall be are exempt from all taxes of the state or any state public body; but the. 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 the sum shall may not exceed the amount which would be levied as the annual tax of the city upon such the project. However, no 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 is exempt from taxation by reason because of such the acquisition.
Loading...
Loading...