1995 Wisconsin Act 225

66.43 (3) (h) “Project area" means a blighted area( or portion of a blighted area, as defined in this section), or portion thereof par. (a), of such extent and location as adopted by the planning commission and approved by the local legislative body as an appropriate unit of redevelopment planning for a redevelopment project, separate from the redevelopment projects in other parts of the city. In the provisions of this section relating to leasing or sale by the city, for abbreviation “project area" is used for the remainder of the project area after taking out those pieces of property which shall have been or are to be transferred for public uses.

Note: Deletes parentheses and reorganizes language for greater conformity with current style.

225,254 Section 254 . 66.43 (3) (L) of the statutes is amended to read:

66.43 (3) (L) “Redevelopment company" means a private or public corporation or body corporate ( , including a public housing authority), carrying out a plan under this section.

Note: Replaces parentheses for greater conformity with current style.

225,255 Section 255 . 66.43 (4) (a) (intro.) of the statutes is amended to read:

66.43 (4) (a) (intro.) Every city is hereby granted (, in addition to its other powers), all powers necessary or convenient to carry out and effectuate the purposes and provisions of this section, including the following powers in addition to others herein granted:

Note: Replaces parentheses for greater conformity with current style. “Hereby" is deleted pursuant to s. 13.93 (1) (f).

225,256 Section 256 . 66.43 (4) (a) 3. of the statutes is amended by replacing “incumber" with “encumber".

Note: Inserts preferred spelling.

225,257 Section 257 . 66.43 (6) (a) of the statutes is renumbered 66.43 (6) (a) (intro.) and amended to read:

66.43 (6) (a) (intro.) After the real property in the project area shall have has been assembled, the city shall have power to lease or sell all or any part of said 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. Such real Real property in the project area shall be leased or sold at its fair value for uses in accordance with the redevelopment plan notwithstanding such that the fair value may be less than the cost of acquiring and preparing such the property for redevelopment. In determining such the property's fair value, a city shall take into account and give consideration to the following:

1. The uses and purposes required by the plan ; the.

2. The restrictions upon and covenants, conditions and obligations assumed by the purchaser or lessee, and the objectives of the redevelopment plan for the prevention of the recurrence of slum or blighted areas; and such.

3. Any other matters as that the city shall deem considers appropriate.

Note: Replaces parentheses and language for greater conformity with current style.

225,258 Section 258 . 66.431 (2m) (ar) of the statutes is created to read:

66.431 (2m) (ar) “Authority" means a redevelopment authority.

Note: Relocates definition from s. 66.431 (3) (a) consistent with current style. See also the next 2 sections of this bill.

225,259 Section 259 . 66.431 (3) (a) of the statutes is renumbered 66.431 (3) (a) 1. and amended to read:

66.431 (3) (a) 1. It is hereby   found and declared that a redevelopment authority, functioning within a city in which there exists substandard, deteriorating, deteriorated, insanitary, 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. Therefore, there is created in every such city a redevelopment authority, to be known as the “redevelopment authority of the city of ....(which in this section shall be referred to as “authority", and when so referred to, means and applies to a redevelopment authority)". 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. The

2. An authority may transact business and exercise any of the powers granted to it in this section following the adoption by the local legislative body of a resolution declaring in substance that there exists within such the city a need for blight elimination, slum clearance and urban renewal programs and projects.

3. Upon the adoption of the resolution by the local legislative body by a two-thirds vote of its members present, a certified copy thereof of the resolution shall be transmitted to the mayor or other head of the city government. Upon receiving the certified copy of such the resolution, the mayor or other head of the city government shall, with the confirmation of four-fifths of the local legislative body, appoint 7 residents of the city as commissioners of the authority. No more than 2 of such commissioners may be officers of the city in which the authority is created.

4. The powers of the authority shall be vested in the commissioners.

5. In making appointments of commissioners, the appointing power shall give due consideration to the general interest of the appointee in a redevelopment, slum clearance or urban renewal program and shall, insofar as is possible, designate representatives from the general public, labor, industry, finance or business group, and civic organizations. Appointees shall have sufficient ability and experience in related fields, especially in the fields of finance and management, to assure efficiency in the redevelopment program, its planning and direction. One of such the 7 commissioners shall be a member of the local legislative body. No more than 2 of the commissioners may be officers of the city in which the authority is created.

6. Commissioners shall receive their actual and necessary expenses, including local traveling expenses incurred in the discharge of their duties.

Note: Subdivides provision and reorganizes and replaces language for greater readability and conformity with current style. See also the previous section of this bill.

225,260 Section 260 . 66.431 (4) of the statutes is renumbered 66.431 (2m), and 66.431 (2m) (b), (d) (intro.) and (e), as renumbered, are amended to read.

66.431 (2m) (b) “Blighted area" means any of the following:

1. An area (, including a slum area), in which there is a predominance of buildings or improvements, whether residential or nonresidential, which by reason of dilapidation, deterioration, age or obsolescence, inadequate provision for ventilation, light, air, sanitation, or open spaces, high density of population and overcrowding, or the existence of conditions which endanger life or property by fire and other causes, or any combination of such factors is conducive to ill health, transmission of disease, infant mortality, juvenile delinquency, or crime, and is detrimental to the public health, safety, morals or welfare, or any.

2. An area which by reason of the presence of a substantial number of substandard, slum, deteriorated or deteriorating structures, predominance of defective or inadequate street layout, faulty lot layout in relation to size, adequacy, accessibility or usefulness, insanitary unsanitary or unsafe conditions, deterioration of site or other improvements, diversity of ownership, tax or special assessment delinquency exceeding the fair value of the land, defective or unusual conditions of title, or the existence of conditions which endanger life or property by fire and other causes, or any combination of such factors, substantially impairs or arrests the sound growth of a city, retards the provision of housing accommodations or constitutes an economic or social liability and is a menace to the public health, safety, morals, or welfare in its present condition and use, or any.

3. An area which is predominantly open and which because of obsolete platting, diversity of ownership, deterioration of structures or of site improvements, or otherwise, substantially impairs or arrests the sound growth of the community.

(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 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 undertakings and activities may include:

(e) “Bonds" means any bonds (, including refunding bonds),; notes, ; interim certificates,; certificates of indebtedness,; debentures; or other obligations.

Note: Renumbers sub. (4) for proper location within the section. Subdivides sub. (1m) (b) and replaces parentheses for greater readability and conformity with current style. “Unsanitary" replaces “insanitary", being the preferred spelling.

225,261 Section 261 . 66.431 (9) (a) 1. of the statutes is renumbered 66.431 (9) (a) 1. a. and amended to read:

66.431 (9) (a) 1. a. Upon the acquisition of any or all of the real property in the project area, the authority has power to lease, sell or otherwise transfer all or any part of said real property (including streets or parts thereof to be closed or vacated in accordance with the plan) 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 to be closed or vacated in accordance with the plan, for use in accordance with the redevelopment plan. No such assembled lands of the project area shall be either sold or leased by the authority to a housing authority created under s. 66.40 for the purpose of constructing public housing projects upon such land unless the sale or lease of such the lands has been first approved by the local legislative body by a vote of not less than four-fifths of the members elected. Such

b. Any real property sold or leased under subd. 1. a. shall be leased or sold at its fair market value for uses in accordance with the redevelopment plan, notwithstanding such that the fair market value may be less than the cost of acquiring and preparing such the property for redevelopment. In determining such fair market value, an authority shall give consideration to the uses and purposes required by the redevelopment plan; the restrictions upon and covenants, conditions and obligations assumed by the purchaser or lessee, the objectives of the redevelopment plan for the prevention or recurrence of slum and blighted areas; and such other matters as that the authority deems considers appropriate.

c. A copy of the redevelopment plan shall be recorded in the office of the register of deeds in the county where such the redevelopment project is located, and any. Any amendment to such the redevelopment plan, approved as herein provided for, shall also be recorded in the office of the register of deeds of such the county.

d. Before the transfer, lease or sale of any real property in the project area occurs, a report as to the terms, conditions and other material provisions of the proposed sale, lease or other disposition of either a part (where only a part of the land assembled is to be disposed) or of all of the land assembled transaction shall be submitted to the local legislative body, and such the local legislative body shall approve such the report prior to the authority proceeding with the disposition of such the real property.

Note: Subdivides provision, deletes redundant phrase and replaces and reorganizes language for greater readability and conformity to current style.

225,262 Section 262 . 66.431 (14) of the statutes is amended to read:

66.431 (14) Obligations. For the purpose of financially aiding an authority to carry out blight elimination, slum clearance and urban renewal programs and projects, the city in which such the authority functions is authorized (, without limiting its authority under any other law), to issue and sell general obligation bonds in the manner and in accordance with the provisions of ch. 67, except that no referendum shall be required, and to levy taxes without limitation for the payment thereof, as provided in s. 67.035. Such The bonds authorized under this subsection shall be fully negotiable and except as provided in this subsection shall not be subject to any other law or charter pertaining to the issuance or sale of bonds.

note: Replaces parentheses and language for greater readability and conformity to current style.

225,263 Section 263 . 66.435 (2m) of the statutes is created to read:

66.435 (2m) In this section:

(a) “Rehabilitation or conservation work" may include any of the following:

1. Carrying out plans for a program of voluntary or compulsory repair and rehabilitation of buildings or other improvements.

2. Acquisition of real property and demolition, removal or rehabilitation of buildings and improvements thereon where necessary to eliminate unhealthful unsanitary or unsafe conditions, lessen density, reduce traffic hazards, eliminate obsolete or other uses detrimental to the public welfare, or to otherwise remove or prevent the spread of blight or deterioration, or to provide land for needed public facilities.

3. Installation, construction or reconstruction of streets, utilities, parks, playgrounds, and other improvements necessary for carrying out the objectives of the urban renewal project.

4. The disposition, for uses in accordance with the objectives of the urban renewal project, of any property or part thereof acquired in the area of the project. The disposition shall be in the manner prescribed in this section for the disposition of property in a redevelopment project area.

(b) “Urban renewal project" may include undertakings and activities for the elimination and for the prevention of the development or spread of slums or blighted, deteriorated or deteriorating areas and may involve any work or undertaking for such purpose constituting a redevelopment project or any rehabilitation or conservation work, or any combination of such undertaking or work.

Note: Repositions definitions from sub. (3) for greater conformity with current style. See also the next section of this bill.

225,264 Section 264 . 66.435 (3) of the statutes is amended to read:

66.435 (3) In addition to its authority under any other section, a municipality is authorized to plan and undertake urban renewal projects. As used in this section, an urban renewal project may include undertakings and activities for the elimination and for the prevention of the development or spread of slums or blighted, deteriorated or deteriorating areas and may involve any work or undertaking for such purpose constituting a redevelopment project or any rehabilitation or conservation work, or any combination of such undertaking or work. For this purpose, “rehabilitation or conservation work" may include (a) carrying out plans for a program of voluntary or compulsory repair and rehabilitation of buildings or other improvements; (b) acquisition of real property and demolition, removal or rehabilitation of buildings and improvements thereon where necessary to eliminate unhealthful, insanitary or unsafe conditions, lessen density, reduce traffic hazards, eliminate obsolete or other uses detrimental to the public welfare, or to otherwise remove or prevent the spread of blight or deterioration, or to provide land for needed public facilities; (e) installation, construction or reconstruction of streets, utilities, parks, playgrounds, and other improvements necessary for carrying out the objectives of the urban renewal project; and (d) the disposition, for uses in accordance with the objectives of the urban renewal project, of any property or part thereof acquired in the area of such project, provided, that such disposition shall be in the manner prescribed in this section for the disposition of property in a redevelopment project area.

Note: Subdivides provision and replaces language for greater readability and conformity with current style.

225,265 Section 265 . 66.435 (6) of the statutes is amended to read:

66.435 (6) Assistance to urban renewal by municipalities and other public bodies. Any public body is hereby authorized to enter into agreements (,which may extend over any period, notwithstanding any provision or rule of law to the contrary), with any other public body or bodies respecting action to be taken pursuant to any of the powers granted by this section, including the furnishing of funds or other assistance in connection with an urban renewal plan or urban renewal project.

Note: Replaces parentheses for greater conformity with current style. “Hereby" is deleted pursuant to s. 13.93 (1) (f).

225,266 Section 266 . 66.44 (1) of the statutes is renumbered 66.44 (1) (a) (intro.) and amended to read:

66.44 (1) (a) (intro.) Any housing authority established pursuant to ss. 66.40 to 66.404 may undertake the development or administration or both of projects to provide housing for persons (, and their families), engaged or to be engaged in war industries or activities and may exercise do any of the following:

1. Exercise any of its rights, powers, privileges and immunities to aid and cooperate with the federal government (, or any agency thereof), in making housing available for persons (and their families) engaged or to be engaged in war industries or activities; may act described in par. (a) (intro.).

2. Act as agent for the federal government in developing and administering such housing; may lease such for persons described in par. (a) (intro.).

3. Lease housing for persons described in par. (a) (intro.) from the federal government (, or any agency thereof); and may arrange.

4. Arrange with public bodies and private agencies for such services and facilities as that may be needed for such housing; provided, that any such for persons described in par. (a) (intro.).

(b) Any housing developed or administered under authority of par. (a) shall not be subject to ss. 66.401 (2) and 66.402. Without limiting any existing power, the powers of any public body in the state pursuant to s. 66.403 may be exercised with respect to such housing developed or administered under authority of par. (a). With the consent, by resolution, of the governing body of any city or county adjacent but outside of the area of operation of a housing authority, the housing authority may exercise its powers under this section within the territorial boundaries of such the adjacent city or county.

Note: Subdivides provision and replaces language for greater readability and conformity with current style.

225,267 Section 267 . 66.46 (2) (a) of the statutes is renumbered 66.46 (2) (a) 1. (intro.) and amended to read:

66.46 (2) (a) 1. (intro.) “Blighted area" means any of the following:

a. An area (, including a slum area), in which the structures, buildings or improvements, which by reason of dilapidation, deterioration, age or obsolescence, inadequate provision for ventilation, light, air, sanitation, or open spaces, high density of population and overcrowding, or the existence of conditions which endanger life or property by fire and other causes, or any combination of such these factors is conducive to ill health, transmission of disease, infant mortality, juvenile delinquency, or crime, and is detrimental to the public health, safety, morals or welfare, or any.

b. An area which is predominantly open and which consists primarily of an abandoned highway corridor, as defined in s. 66.431 (4) (2m) (a), or that consists of land upon which buildings or structures have been demolished and which because of obsolete platting, diversity of ownership, deterioration of structures or of site improvements, or otherwise, substantially impairs or arrests the sound growth of the community.

2. “Blighted area" does not include predominantly open land area that has been developed only for agricultural purposes.

Note: Subdivides provision and replaces parentheses and language for greater readability and conformity with current style. The cross-reference to s. 66.431 (4) (a) is renumbered consistent with the renumbering of that provision by this bill.

225,268 Section 268 . 66.46 (4) (gm) 4. a. of the statutes is amended to read:

66.46 (4) (gm) 4. a. Not less than 50%, by area, of the real property within such district meets is at least one of the following criteria: 1) is a “blighted area"; 2) is in need of “rehabilitation or conservation work " within the meaning of, as defined in s. 66.435 (3) (2m) (b); or 3) is suitable for “industrial sites" within the meaning of s. 66.52 and has been zoned for industrial use; and

Note: Deletes improper subdivision designations and amends cross-reference to s. 66.435 (3) consistent with the renumbering of that provision by this bill.

225,269 Section 269 . 66.50 (1) (f) of the statutes is amended by replacing “twenty-five dollars" with “$25".

Note: Replaces word form of number with digit for greater conformity with current style.

225,270 Section 270 . 66.51 (2) of the statutes is renumbered by replacing "five per cent" with "5%".

Note: Replaces word form of number with digit for greater conformity with current style.

225,271 Section 271. 66.521 (2) (k) 20. of the statutes is amended by replacing “66.431 (4) (b)" with “66.431 (2m) (b)".

Note: The cross-reference to s. 66.431 (4) (a) is renumbered consistent with the renumbering of that provision by this bill.

225,272 Section 272 . 66.694 (1) of the statutes is amended is renumbered 66.694 (1) (a) and amended to read:

66.694 (1) (a) If any city, village or town causes any street, alley or public highway within its corporate limits to be improved by grading, curbing, paving or otherwise improving the street, alley or public highway, where the entire or partial cost of the improvement is assessed against abutting property, and the street, alley or public highway is crossed by the track of any railroad and engaged as a common carrier, the common council or board of public works of the city, or the village or town board, shall, at any time after the completion and acceptance of the improvement by the municipality, file with the local agent of the railroad corporation operating the railroad, a statement showing the amount chargeable to the railroad corporation for the improvement, which.

(b) The amount chargeable to the railroad corporation shall be an amount equal to the cost of constructing the improvement along the street, alley or public highway immediately in front of and abutting its right-of-way on each side of the street, alley or public highway at the point where the track crosses the street, alley or public highway, based upon the price per square yard, lineal foot or other unit of value used in determining the total cost of the improvement.

Note: Deletes “and" erroneously retained in the provision when amended by Chapter 72, Laws of 1977. Subdivides provision for greater readability.

225,273 Section 273 . 66.80 (1) of the statutes is amended to read:

66.80 (1) In all 1st class cities of the first class in this state, whether organized under general or special charter, annuity and benefit funds shall be created, established, maintained and administered (by such each city) for all officers and employes of such cities the city, who at the time this section shall come into effect are not contributors, participants or beneficiaries in any pension fund now in operation in such city by authority of law; provided that before this section shall be in effect in any city to which it applies, it must first have been approved by a majority vote of the members elect of the common council of such the city.

Note: Replaces parentheses and language for greater readability and conformity with current style.