66.1105(4)(g)
(g) Approval by the local legislative body of a project plan prior to or concurrent with the adoption of a resolution under
par. (gm). The approval shall be by resolution which contains findings that the plan is feasible and in conformity with the master plan, if any, of the city.
66.1105(4)(gm)
(gm) Adoption by the local legislative body of a resolution which:
66.1105(4)(gm)1.
1. Describes the boundaries, which may, but need not, be the same as those recommended by the planning commission, of a tax incremental district with sufficient definiteness to identify with ordinary and reasonable certainty the territory included in the district. The boundaries of the tax incremental district may not include any annexed territory that was not within the boundaries of the city on January 1, 2004, unless at least 3 years have elapsed since the territory was annexed by the city, unless the city enters into a cooperative plan boundary agreement, under
s. 66.0307, with the town from which the territory was annexed, or unless the city and town enter into another kind of agreement relating to the annexation except that, notwithstanding these conditions, the city may include territory that was not within the boundaries of the city on January 1, 2004, if the city pledges to pay the town an amount equal to the property taxes levied on the territory by the town at the time of the annexation for each of the next 5 years. If, as the result of a pledge by the city to pay the town an amount equal to the property taxes levied on the territory by the town at the time of the annexation for each of the next 5 years, the city includes territory in a tax incremental district that was not within the boundaries of the city on January 1, 2004, the city's pledge is enforceable by the town from which the territory was annexed. The boundaries shall include only those whole units of property as are assessed for general property tax purposes. Property standing vacant for an entire 7-year period immediately preceding adoption of the resolution creating a tax incremental district may not comprise more than 25 percent of the area in the tax incremental district, unless the tax incremental district is suitable under
subd. 4. a. for either industrial sites or mixed use development and the local legislative body implements an approved project plan to promote industrial development within the meaning of
s. 66.1101 if the district has been designated as suitable for industrial sites, or mixed-used development if the district has been designated as suitable for mixed-use development. In this subdivision, "vacant property" includes property where the fair market value or replacement cost value of structural improvements on the parcel is less than the fair market value of the land. In this subdivision, "vacant property" does not include property acquired by the local legislative body under
ch. 32, property included within the abandoned Park East freeway corridor or the abandoned Park West freeway corridor in Milwaukee County, or property that is contaminated by environmental pollution, as defined in
s. 66.1106 (1) (d).
66.1105(4)(gm)2.
2. Creates the district as of a date provided in the resolution. If the resolution is adopted during the period between January 2 and September 30, then the date shall be the next preceding January 1. If the resolution is adopted during the period between October 1 and December 31, then the date shall be the next subsequent January 1. If the resolution is adopted on January 1, the district is created on that January 1.
66.1105(4)(gm)3.
3. Assigns a name to the district for identification purposes. The first district created shall be known as "Tax Incremental District Number One, City of ....". Each subsequently created district shall be assigned the next consecutive number.
66.1105(4)(gm)4.a.
a. Not less than 50%, by area, of the real property within the district is at least one of the following: a blighted area; in need of rehabilitation or conservation work, as defined in
s. 66.1337 (2m) (b) [
s. 66.1337 (2m) (a)]; suitable for industrial sites within the meaning of
s. 66.1101 and has been zoned for industrial use; or suitable for mixed-use development; and
66.1105 Note
NOTE: The correct cross-reference is shown in brackets. Corrective legislation is pending.
66.1105(4)(gm)4.b.
b. The improvement of the area is likely to enhance significantly the value of substantially all of the other real property in the district. It is not necessary to identify the specific parcels meeting the criteria; and
66.1105(4)(gm)4.bm.
bm. The project costs relate directly to eliminating blight, directly serve to rehabilitate or conserve the area or directly serve to promote industrial development, consistent with the purpose for which the tax incremental district is created under
subd. 4. a.; and
66.1105(4)(gm)4.c.
c. Except as provided in
sub. (17), the equalized value of taxable property of the district plus the value increment of all existing districts does not exceed 12 percent of the total equalized value of taxable property within the city. In determining the equalized value of taxable property under this
subd. 4. c., the department of revenue shall base its calculations on the most recent equalized value of taxable property of the district that is reported under
s. 70.57 (1m) before the date on which the resolution under this paragraph is adopted.
66.1105(4)(gm)5.
5. Confirms that any real property within the district that is found suitable for industrial sites and is zoned for industrial use under
subd. 4. a. will remain zoned for industrial use for the life of the tax incremental district.
66.1105(4)(gm)6.
6. Declares that the district is a blighted area district, a rehabilitation or conservation district, an industrial district, or a mixed-use district based on the identification and classification of the property included within the district under
par. (c) and
subd. 4. a. If the district is not exclusively blighted, rehabilitation or conservation, industrial, or mixed use, the declaration under this subdivision shall be based on which classification is predominant with regard to the area described in
subd. 4. a.
66.1105(4)(gs)
(gs) Review by a joint review board, acting under
sub. (4m), that results in its approval of the resolution under
par. (gm).
66.1105(4)(h)1.1. Subject to
subds. 2.,
4.,
5., and
6., the planning commission may, by resolution, adopt an amendment to a project plan. The amendment is subject to approval by the local legislative body and approval requires the same findings as provided in
par. (g) and, if the amendment adds territory to a district under
subd. 2., approval also requires the same findings as provided in
par. (gm) 4. c. Any amendment to a project plan is also subject to review by a joint review board, acting under
sub. (4m). Adoption of an amendment to a project plan shall be preceded by a public hearing held by the plan commission at which interested parties shall be afforded a reasonable opportunity to express their views on the amendment. Notice of the hearing shall be published as a class 2 notice, under
ch. 985. The notice shall include a statement of the purpose and cost of the amendment and shall advise that a copy of the amendment will be provided on request. Before publication, a copy of the notice shall be sent by 1st class mail to the chief executive officer or administrator of all local governmental entities having the power to levy taxes on property within the district and to the school board of any school district which includes property located within the proposed district. For a county with no chief executive officer or administrator, this notice shall be sent to the county board chairperson.
66.1105(4)(h)2.
2. Except as provided in
subds. 4.,
5., and
7., the planning commission may adopt an amendment to a project plan under
subd. 1. to modify the district's boundaries, not more than 4 times during the district's existence, by subtracting territory from the district in a way that does not remove contiguity from the district or by adding territory to the district that is contiguous to the district and that is served by public works or improvements that were created as part of the district's project plan. A single amendment to a project plan that both adds and subtracts territory shall be counted under this subdivision as one amendment of a project plan.
66.1105(4)(h)4.
4. With regard to a village that has a population of less than 10,000, was incorporated in 1914 and is located in a county that has a population of less than 25,000 and that contains a portion of the Yellow River and the Chequamegon Waters Flowage, not more than once during the 11 years after the tax incremental district is created, the planning commission may adopt an amendment to a project plan under
subd. 1. to modify the district's boundaries by adding territory to the district that is contiguous to the district and that is to be served by public works or improvements that were created as part of the district's project plan. Expenditures for project costs that are incurred because of an amendment to a project plan to which this subdivision applies may be made for not more than 5 years after the date on which the local legislative body adopts a resolution amending the project plan.
66.1105(4)(h)5.
5. With regard to a city that has a population of at least 80,000 that was incorporated in 1850 and that is in a county with a population of less than 175,000 that is adjacent to one of the Great Lakes, the planning commission may adopt an amendment to a project plan under
subd. 1. to modify the district's boundaries by adding territory to the district that is contiguous to the district and that is served by public works or improvements that were created as part of the district's project plan not more than once during the expenditure period specified in
sub. (6) (am) 1. for a district that is located in a city to which
sub. (6) (d) applies, except that in no case may expenditures for project costs that are incurred because of an amendment to a project plan that is authorized under this subdivision be made later than 17 years after the district is created. This subdivision does not apply to a tax incremental district that is created after January 1, 2004.
66.1105(4)(h)6.
6. Notwithstanding
subd. 1., a project plan shall be considered to have been amended, without compliance with any of the procedures required under
subd. 1., if the only change to the project plan is the extension of the period during which expenditures may be made under
sub. (6) (am) 1., as authorized under that subdivision by a provision of state law that takes effect after a tax incremental district's project plan is first adopted under
par. (f).
66.1105(4)(h)7.
7. If the department of revenue, acting under
sub. (5) (dm), makes a determination that any of the conditions listed in
sub. (5) (de) apply, a planning commission may amend its project plan to ensure that, with regard to that mixed-use district, the percentage of lands proposed for newly platted residential use does not exceed the percentage specified in
sub. (2) (cm), or that at least one of the conditions specified in
sub. (2) (f) 3. a. to
c. applies, even if such an amendment to a project plan would exceed the number of amendments allowed under
subd. 2.
66.1105(4)(i)
(i) The local legislative body shall provide the joint review board with the following information and projections:
66.1105(4)(i)1.
1. The specific items that constitute the project costs, the total dollar amount of these project costs to be paid with the tax increments, and the amount of tax increments to be generated over the life of the tax incremental district.
66.1105(4)(i)2.
2. The amount of the value increment when the project costs in
subd. 1. are paid in full and the tax incremental district is terminated.
66.1105(4)(i)3.
3. The reasons why the project costs in
subd. 1. may not or should not be paid by the owners of property that benefits by improvements within the tax incremental district.
66.1105(4)(i)4.
4. The share of the projected tax increments in
subd. 1. estimated to be paid by the owners of taxable property in each of the taxing jurisdictions overlying the tax incremental district.
66.1105(4)(i)5.
5. The benefits that the owners of taxable property in the overlying taxing jurisdictions will receive to compensate them for their share of the projected tax increments in
subd. 4.
66.1105(4)(k)
(k) Calculation by the local assessor of the value of all tax-exempt city-owned property, except property described in
sub. (5) (bm), in the proposed tax incremental district, as of the day of the district's creation. This information shall be sent to the department of revenue for inclusion in the tax incremental district's initial tax incremental base under
sub. (5) (b).
66.1105(4m)(a)(a) Any city that seeks to create a tax incremental district or amend a project plan shall convene a temporary joint review board under this paragraph, or a standing joint review board under
sub. (3) (g), to review the proposal. Except as provided in
par. (am), and subject to
par. (ae), the board shall consist of one representative chosen by the school district that has power to levy taxes on the property within the tax incremental district, one representative chosen by the technical college district that has power to levy taxes on the property within the tax incremental district, one representative chosen by the county that has power to levy taxes on the property within the tax incremental district, one representative chosen by the city, and one public member. If more than one school district, more than one union high school district, more than one elementary school district, more than one technical college district or more than one county has the power to levy taxes on the property within the tax incremental district, the unit in which is located property of the tax incremental district that has the greatest value shall choose that representative to the board. The public member and the board's chairperson shall be selected by a majority of the other board members before the public hearing under
sub. (4) (a) or
(h) 1. is held. All board members shall be appointed and the first board meeting held within 14 days after the notice is published under
sub. (4) (a) or
(h) 1. Additional meetings of the board shall be held upon the call of any member. The city that seeks to create the tax incremental district or to amend its project plan shall provide administrative support for the board. By majority vote, the board may disband following approval or rejection of the proposal, unless the board is a standing board that is created by the city under
sub. (3) (g).
66.1105(4m)(ae)1.1. A representative chosen by a school district under
par. (a) or
(am) shall be the president of the school board, or his or her designee. If the school board president appoints a designee, he or she shall give preference to the school district's finance director or another person with knowledge of local government finances.
66.1105(4m)(ae)2.
2. The representative chosen by the county under
par. (a) shall be the county executive or, if the county does not have a county executive, the chairperson of the county board, or the executive's or chairperson's designee. If the county executive or county board chairperson appoints a designee, he or she shall give preference to the county treasurer or another person with knowledge of local government finances.
66.1105(4m)(ae)3.
3. The representative chosen by the city under
par. (a) shall be the mayor, or city manager, or his or her designee. If the mayor or city manager appoints a designee, he or she shall give preference to the person in charge of administering the city's economic development programs, the city treasurer, or another person with knowledge of local government finances.
66.1105(4m)(ae)4.
4. The representative chosen by the technical college district under
par. (a) shall be the district's director or his or her designee. If the technical college district's director appoints a designee, he or she shall give preference to the district's chief financial officer or another person with knowledge of local government finances.
66.1105(4m)(am)
(am) If a city seeks to create a tax incremental district that is located in a union high school district, the seat that is described under
par. (a) for the school district representative to the board shall be held by 2 representatives, each of whom has one-half of a vote. Subject to
par. (ae), one representative shall be chosen by the union high school district that has the power to levy taxes on the property within the tax incremental district and one representative shall be chosen by the elementary school district that has the power to levy taxes on the property within the tax incremental district.
66.1105(4m)(b)1.1. The board shall review the public record, planning documents and the resolution passed by the local legislative body or planning commission under
sub. (4) (gm) or
(h) 1. As part of its deliberations the board may hold additional hearings on the proposal.
66.1105(4m)(b)2.
2. Except as provided in
subd. 2m., no tax incremental district may be created and no project plan may be amended unless the board approves the resolution adopted under
sub. (4) (gm) or
(h) 1. by a majority vote within 30 days after receiving the resolution. The board may not approve the resolution under this subdivision unless the board's approval contains a positive assertion that, in its judgment, the development described in the documents the board has reviewed under
subd. 1. would not occur without the creation of a tax incremental district. The board may not approve the resolution under this subdivision unless the board finds that, with regard to a tax incremental district that is proposed to be created by a city under
sub. (17) (a), such a district would be the only existing district created under that subsection by that city.
66.1105(4m)(b)2m.
2m. The requirement under
subd. 2. that a vote by the board take place within 30 days after receiving a resolution does not apply to a resolution amending a project plan under
sub. (4) (h) 1. if the resolution relates to a tax incremental district, the application for the redetermination of the tax incremental base of which was made in 1998, that is located in a village that was incorporated in 1912, has a population of at least 3,800 and is located in a county with a population of at least 108,000.
66.1105(4m)(b)3.
3. The board shall submit its decision to the city no later than 7 days after the board acts on and reviews the items in
subd. 2., except that, if the board requests a department of revenue review under
subd. 4., the board shall do one of the following:
66.1105(4m)(b)3.a.
a. Submit its decision to the city no later than 10 working days after receiving the department's written response.
66.1105(4m)(b)3.b.
b. If the city resubmits its proposal under
subd. 4. no later than 10 working days after the board receives the department's written response, submit its decision to the city no later than 10 working days after receiving the city's resubmitted proposal.
66.1105(4m)(b)4.
4. Before the joint review board submits its decision under
subd. 3., a majority of the members of the board may request that the department of revenue review the objective facts contained in any of the documents listed in
subd. 1. to determine whether the information submitted to the board complies with this section or whether any of the information contains a factual inaccuracy. The request must be in writing and must specify which particular objective fact or item the members believe is incomplete or inaccurate. Not later than 10 working days after receiving a request that complies with the requirements of this subdivision, the department of revenue shall investigate the issues raised in the request and shall send its written response to the board. If the department of revenue determines that the information in the proposal does not comply with this section or contains a factual inaccuracy, the department shall return the proposal to the city. The board shall request, but may not require, that the city resolve the problems in its proposal and resubmit the proposal to the board. If the city resubmits its proposal, the board shall review the resubmitted proposal and vote to approve or deny the proposal as specified in this paragraph.
66.1105(4m)(b)4m.
4m. The board shall notify prospectively the governing body of every local governmental unit that is not represented on the board, and that has power to levy taxes on the property within the tax incremental district, of meetings of the board and of the agendas of each meeting for which notification is given.
66.1105(4m)(c)1.1. The board shall base its decision to approve or deny a proposal on the following criteria:
66.1105(4m)(c)1.a.
a. Whether the development expected in the tax incremental district would occur without the use of tax incremental financing.
66.1105(4m)(c)1.b.
b. Whether the economic benefits of the tax incremental district, as measured by increased employment, business and personal income and property value, are insufficient to compensate for the cost of the improvements.
66.1105(4m)(c)1.c.
c. Whether the benefits of the proposal outweigh the anticipated tax increments to be paid by the owners of property in the overlying taxing districts.
66.1105(4m)(c)2.
2. The board shall issue a written explanation describing why any proposal it rejects fails to meet one or more of the criteria specified in
subd. 1.
66.1105(5)
(5) Determination of tax increment and tax incremental base. 66.1105(5)(a)(a) Subject to
sub. (8) (d), upon the creation of a tax incremental district or upon adoption of any amendment subject to
par. (c), its tax incremental base shall be determined as soon as reasonably possible. The department of revenue may impose a fee of $1,000 on a city to determine or redetermine the tax incremental base of a tax incremental district under this subsection, except that if the redetermination is based on a single amendment to a project plan that both adds and subtracts territory, the department may impose a fee of $2,000.
66.1105(5)(b)
(b) Upon application in writing by the city clerk, in a form prescribed by the department of revenue, the department shall determine according to its best judgment from all sources available to it the full aggregate value of the taxable property and, except as provided in
par. (bm), of the city-owned property in the tax incremental district. The application shall state the percentage of territory within the tax incremental district which the local legislative body estimates will be devoted to retail business at the end of the maximum expenditure period specified in
sub. (6) (am) 1. if that estimate is at least 35%. Subject to
sub. (8) (d), the department shall certify this aggregate valuation to the city clerk, and the aggregate valuation constitutes the tax incremental base of the tax incremental district. The city clerk shall complete these forms, including forms for the amendment of a project plan, and submit the application or amendment forms on or before December 31 of the year the tax incremental district is created, as defined in
sub. (4) (gm) 2. or, in the case of an amendment, on or before December 31 of the year in which the changes to the project plan take effect.
66.1105(5)(be)
(be) Notwithstanding the time limits in
par. (b), if the city clerk of a city that created a tax incremental district in September 1994 files with the department of revenue, not later than March 30, 1996, the forms and application that were originally due on or before December 31, 1994, the tax incremental base of the district shall be calculated by the department of revenue as if the forms and application had been filed on or before December 31, 1994, and, until the tax incremental district terminates, the department of revenue shall allocate tax increments and treat the district in all other respects as if the forms and application had been filed on or before December 31, 1994, except that the department may not certify a value increment under
par. (b) before 1996.
66.1105(5)(bf)
(bf) Notwithstanding the time limits in
par. (b), if the city clerk of a city that created a tax incremental district in July 1997 files with the department of revenue, not later than May 31, 1999, the forms and application that were originally due on or before December 31, 1997, the tax incremental base of the district shall be calculated by the department of revenue as if the forms and application had been filed on or before December 31, 1997, and, until the tax incremental district terminates, the department of revenue shall allocate tax increments and treat the district in all other respects as if the forms and application had been filed on or before December 31, 1997, except that the department may not certify a value increment under
par. (b) before 1999.
66.1105(5)(bg)
(bg) Notwithstanding the time limits in
par. (b), if the city clerk of a city that created a tax incremental district in February 1999 files with the department of revenue, not later than May 31, 2000, the forms and application that were originally due on or before December 31, 1999, the tax incremental base of the district shall be calculated by the department of revenue as if the forms and application had been filed on or before December 31, 1999, and, until the tax incremental district terminates, the department of revenue shall allocate tax increments and treat the district in all other respects as if the forms and application had been filed on or before December 31, 1999, except that the department may not certify a value increment under
par. (b) before 2001.
66.1105(5)(bh)
(bh) Notwithstanding the time limits in
subs. (4) (e) and
(4m) (b) 2., if the village clerk of a village that created, or attempted to create, a tax incremental district before June 2000 and amended or tried to amend the district's boundaries in September 2000 files with the department of revenue, not later than November 30, 2000, the forms and application that were originally due on or before December 31, 2000, the tax incremental base of the district shall be calculated by the department of revenue as if the time limits described in
subs. (4) (e) and
(4m) (b) 2. had been strictly complied with and, until the tax incremental district terminates, the department of revenue shall allocate tax increments and treat the district in all other respects as if the time limits described in
subs. (4) (e) and
(4m) (b) 2. had been strictly complied with and as if the district were created on January 1, 2000, except that the department of revenue may not certify a value increment under
par. (b) before 2002.
66.1105(5)(bj)
(bj) Notwithstanding the requirements in
sub. (4) (a),
(c), and
(e), if a city that created, or attempted to create, a tax incremental district in October 1999 and in September 2000 and published the notices required under
sub. (4) (a),
(c), and
(e), and was in substantial compliance with the notice requirements although such notices contained technical deficiencies regarding the time, place, or subject of the required hearings, the department of revenue shall determine the tax incremental bases of the districts, allocate tax increments, and treat the districts in all other respects as if the requirements under
sub. (4) (a),
(c), and
(e) had been strictly complied with and as if the districts were created on January 1, 2000.
66.1105(5)(bk)
(bk) Notwithstanding the requirements in
sub. (4) (a),
(c), and
(e), if the village of Kimberly created, or attempted to create, a tax incremental district on January 1, 2005, based on a resolution described under
sub. (4) (gm) 2. that was adopted in April 2005, and attempted to publish, but did not actually publish, the notices required under
sub. (4) (a),
(c), and
(e), but was otherwise in substantial compliance as specified in
sub. (15), the department of revenue shall determine the tax incremental base of the district, allocate tax increments, and treat the district in all other respects as if the requirements under
sub. (4) (a),
(c), and
(e) had been strictly complied with and as if the district was created on January 1, 2005.
66.1105(5)(bm)
(bm) The value of real property owned by a city and used for police and fire buildings, administrative buildings, libraries, community and recreational buildings, parks, streets and improvements within any street right-of-way, parking facilities and utilities shall not be included in the tax incremental base established under
par. (b).
66.1105(5)(c)
(c) If the city adopts an amendment to the original project plan for any district which subtracts territory from the district or which includes additional project costs at least part of which will be incurred after the period specified in
sub. (6) (am) 1., the tax incremental base for the district shall be redetermined, if
sub. (4) (h) 2.,
4., or
5. applies to the amended project plan, either by subtracting from the tax incremental base the value of the taxable property and the value of real property owned by the city, other than property described under
par. (bm), that is subtracted from the existing district or by adding to the tax incremental base the value of the taxable property and the value of real property owned by the city, other than property described in
par. (bm), that is added to the existing district under
sub. (4) (h) 2.,
4., or
5. or, if
sub. (4) (h) 2.,
4., or
5. does not apply to the amended project plan, under
par. (b), as of the January 1 next preceding the effective date of the amendment if the amendment becomes effective between January 2 and September 30, as of the next subsequent January 1 if the amendment becomes effective between October 1 and December 31 and if the effective date of the amendment is January 1 of any year, the redetermination shall be made on that date. With regard to a district to which territory has been added, the tax incremental base as redetermined under this paragraph is effective for the purposes of this section only if it exceeds the original tax incremental base determined under
par. (b).
66.1105(5)(ce)
(ce) If the city adopts an amendment, to which
sub. (4) (h) 2.,
4., or
5. applies, the tax incremental base for the district shall be redetermined, either by subtracting from the tax incremental base the value of the taxable property and the value of real property owned by the city, other than property described under
par. (bm), that is subtracted from the existing district or by adding to the tax incremental base the value of the taxable property and the value of real property owned by the city, other than property described in
par. (bm), that is added to the existing district under
sub. (4) (h) 2.,
4., or
5., as of the January 1 next preceding the effective date of the amendment if the amendment becomes effective between January 2 and September 30, as of the next subsequent January 1 if the amendment becomes effective between October 1 and December 31 and if the effective date of the amendment is January 1 of any year, the redetermination shall be made on that date. With regard to a district to which territory has been added, the tax incremental base as redetermined under this paragraph is effective for the purposes of this section only if it exceeds the original tax incremental base determined under
par. (b).
66.1105(5)(cf)
(cf) If the city adopts an amendment to a plan, to which
sub. (4m) (b) 2m. applies, the tax incremental base for the district shall be redetermined by adding to the tax incremental base the value, as of January 1, 1998, of the taxable property that is added to the existing district under
sub. (4) (h) 1.
66.1105(5)(cm)
(cm) The city clerk shall annually, after May 1 but before May 21, by written notice, inform the department of revenue of any amendment to the project plan which has been adopted. The city clerk shall also give written notice of the adoption of an amendment to the department of revenue within 60 days after its adoption. The department of revenue may prescribe forms to be used by the city clerk when giving notice as required by this paragraph.
66.1105(5)(d)
(d) Subject to
pars. (de) and
(dm), the department of revenue may not certify the tax incremental base as provided in
par. (b) until it determines that each of the procedures and documents required by
sub. (4) (a),
(b),
(gm) or
(h) and
par. (b) has been timely completed and all notices required under
sub. (4) (a),
(b),
(gm) or
(h) timely given. The facts supporting any document adopted or action taken to comply with
sub. (4) (a),
(b),
(gm) or
(h) are not subject to review by the department of revenue under this paragraph, except that the department may not certify the tax incremental base as provided in
par. (b) until it reviews and approves of the findings that are described in
sub. (4) (gm) 4. c.
66.1105(5)(de)
(de) With regard to a mixed-use development tax incremental district, the department of revenue may not certify the tax incremental base of such a district if the department determines that any of the following apply:
66.1105(5)(de)1.
1. The lands proposed for newly platted residential use exceed the percentage specified in
sub. (2) (cm).
66.1105(5)(de)2.
2. Tax increments received by the city are used to subsidize residential development and none of the conditions specified in
sub. (2) (f) 3. a. to
c. apply.
66.1105(5)(dm)
(dm) If the department of revenue certifies the tax incremental base of a mixed-use development tax incremental district and then determines that any of the conditions listed in the
par. (de) apply, the department may not certify the tax incremental base of any other tax incremental district in that city until the department certifies that the mixed-use development district complies with the percentage specified in
sub. (2) (cm) and that at least one of the conditions specified in
sub. (2) (f) 3. a. to
c. applies.
66.1105(5)(e)
(e) It is a rebuttable presumption that any property within a tax incremental district acquired or leased as lessee by the city, or any agency or instrumentality of the city, within the one year immediately preceding the date of the creation of the district was acquired or leased in contemplation of the creation of the district. The presumption may be rebutted by the city with proof that the property was leased or acquired primarily for a purpose other than to reduce the tax incremental base. If the presumption is not rebutted, in determining the tax incremental base of the district, but for no other purpose, the taxable status of the property shall be determined as if the lease or acquisition had not occurred.
66.1105(5)(f)
(f) The city assessor shall identify upon the assessment roll returned and examined under
s. 70.45 those parcels of property which are within each existing tax incremental district, specifying the name of each district. A similar notation shall appear on the tax roll made by the city clerk under
s. 70.65.
66.1105(5)(g)
(g) The department of revenue shall annually give notice to the designated finance officer of all governmental entities having the power to levy taxes on property within each district as to the equalized value of the property and the equalized value of the tax increment base. The notice shall also explain that the tax increment allocated to a city shall be paid to the city as provided under
sub. (6) (b) from the taxes collected.
66.1105(6)
(6) Allocation of positive tax increments. 66.1105(6)(a)(a) If the joint review board approves the creation of the tax incremental district under
sub. (4m), positive tax increments with respect to a tax incremental district are allocated to the city which created the district for each year commencing after the date when a project plan is adopted under
sub. (4) (g). The department of revenue may not authorize allocation of tax increments until it determines from timely evidence submitted by the city that each of the procedures and documents required under
sub. (4) (d) to
(f) has been completed and all related notices given in a timely manner. The department of revenue may authorize allocation of tax increments for any tax incremental district only if the city clerk and assessor annually submit to the department all required information on or before the 2nd Monday in June. The facts supporting any document adopted or action taken to comply with
sub. (4) (d) to
(f) are not subject to review by the department of revenue under this paragraph. After the allocation of tax increments is authorized, the department of revenue shall annually authorize allocation of the tax increment to the city that created the district until the soonest of the following events:
66.1105(6)(a)1.
1. The department of revenue receives a notice under
sub. (8) and the notice has taken effect under
sub. (8) (b).
66.1105(6)(a)2.
2. Twenty-seven years after the tax incremental district is created if the district is created before October 1, 1995.
66.1105(6)(a)4.
4. Twenty-seven years after the tax incremental district is created if the district is created after September 30, 1995, and before October 1, 2004, and if the district is a district about which a finding is made under
sub. (4) (gm) 4. a. that not less than 50 percent, by area, of the real property within the district is a blighted area or an area in need of rehabilitation or conservation work, except that if the life of the district is extended under
sub. (7) (am) 1., an allocation under this subdivision may be made 31 years after such a district is created.
66.1105(6)(a)4m.
4m. Twenty-three years after the tax incremental district is created if the district is created after September 30, 1995, and before October 1, 2004, and if the district is a district about which a finding is made under
sub. (4) (gm) 4. a. that not less than 50 percent, by area, of the real property within the district is suitable for industrial sites.
66.1105(6)(a)5.
5. Thirty-one years after the tax incremental district is created if the district is created before October 1, 1995, and the expenditure period is specified in
par. (am) 2. c.
66.1105(6)(a)6.
6. Forty-two years after the tax incremental district is created if the district is created before October 1, 1995, and if the district is located in a city to which
par. (d) applies.
66.1105(6)(a)7.
7. Twenty years after the tax incremental district is created if the district is created on or after October 1, 2004, and if the district is at least predominantly suitable for mixed-use development or industrial sites under
sub. (4) (gm) 6., except that if the life of the district is extended under
sub. (7) (am) 2. an allocation under this subdivision may be made 23 years after such a district is created.
66.1105(6)(a)8.
8. Twenty-seven years after the tax incremental district is created if the district is created on or after October 1, 2004, and if the district is a district specified under
sub. (4) (gm) 6. other than a district specified under
subd. 7., except that if the life of the district is extended under
sub. (7) (am) 3. an allocation under this subdivision may be made 30 years after such a district is created.
66.1105(6)(am)1.1. Except as otherwise provided in this paragraph, no expenditure may be made later than 5 years before the unextended termination date of a tax incremental district under
sub. (7) (ak) or
(am).
66.1105(6)(am)2.
2. The limitations on the period during which expenditures may be made under
subd. 1. do not apply to:
66.1105(6)(am)2.c.
c. Expenditures for project costs for Tax Incremental District Number Six in a city with a population of at least 45,000 that is located in a county that was created in 1836 and that is adjacent to one of the Great Lakes. Such expenditures may be made no later than 15 years after the tax incremental district is created, and may be made through December 31, 2006.
