SB436: Bill Text

SB436, s. 246 Section 246. 66.405 (3) (q) of the statutes is amended by replacing "incumbrances" with "encumbrances".

Note: Inserts preferred spelling.

SB436, s. 247 Section 247. 66.414 (2) (e) of the statutes is amended by replacing "incumbrance" with "encumbrance".

Note: Inserts preferred spelling.

SB436, s. 248 Section 248. 66.416 (2) of the statutes, as affected by 1995 Wisconsin Act 27, is renumbered 66.416 (2) (a) (intro.) and amended to read:

SB436,92,14 66.416 (2) (a) (intro.) Certificates, bonds and notes, or part interests therein, or any part of an issue thereof, which are issued by a redevelopment corporation and secured by a first mortgage on the real property of the redevelopment corporation, or any part thereof, shall be securities in which all the following persons, partnerships or corporations and public bodies or public officers may legally invest the funds within their control, but the principal amount thereof shall not exceed the limits, if any, imposed by law for such investments by the person, partnership, corporation, public body or public officer making the investment:

SB436,92,16 1. Every executor, administrator, trustee, guardian, committee or other person or corporation holding trust funds or acting in a fiduciary capacity ; the.

SB436,92,18 2. The state, its subdivisions, cities, all other public bodies, and all public officers; persons.

SB436,92,21 3. Persons, partnerships and corporations organized under or subject to the provisions of the banking law (, including savings banks, savings and loan associations, trust companies, bankers and private banking corporations ); the.

SB436,93,3 4. The division of banking as conservator, liquidator or rehabilitator of any such person, partnership or corporation; and persons, partnerships or corporations organized under or subject to chs. 600 to 646; and the .

SB436,93,5 5. The commissioner of insurance as conservator, liquidator or rehabilitator of any such person, partnership or corporation.

Note: Subdivides provision, reorganizes text and deletes parentheses for greater conformity with current style. See also the next section of this bill.

SB436, s. 249 Section 249. 66.416 (2) (b) of the statutes is created to read:

SB436,93,9 66.415 (2) (b) The principal amount of the securities described in par. (a) shall not exceed the limits, if any, imposed by law for investments by the person, partnership, corporation, public body or public officer making the investment.

Note: See the previous section of this bill.

SB436, s. 250 Section 250. 66.417 (2) of the statutes is amended to read:

SB436,93,18 66.417 (2) Notwithstanding the provisions of any general, special or local law or ordinance, such a sale or lease authorized under sub. (1) may be made without appraisal, public notice or public bidding for such a price or rental amount and upon such terms (and, in case of a lease, for such term not exceeding 60 years with a right of renewal upon such terms) as may be agreed upon between the city and the redevelopment corporation to carry out the purposes of ss. 66.405 to 66.425. In the case of a lease, the term of the lease shall not exceed 60 years with a right of renewal upon the same terms.

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

SB436, s. 251 Section 251. 66.418 (4) of the statutes is amended to read:

SB436,94,4 66.418 (4) The lease may reserve such easements or other rights in connection with the real property as may be deemed considered necessary or desirable for the future planning and development of the city and the extension of public facilities therein (, including also the construction of subways and conduits, and the widening and change changing of grade of streets); and it. The lease may contain such other provisions for the protection of the parties as are not inconsistent with the provisions of ss. 66.405 to 66.425.

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

SB436, s. 252 Section 252. 66.43 (3) (a) of the statutes is amended to read:

SB436,94,14 66.43 (3) (a) "Blighted area" means any area (, including a slum area), in which a majority of the structures are residential (or in which there is a predominance of buildings or improvements, whether residential or nonresidential), and 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 and crime, and is detrimental to the public health, safety, morals or welfare.

Note: Deletes parentheses for greater conformity with current style.

SB436, s. 253 Section 253. 66.43 (3) (h) of the statutes is amended to read:

SB436,94,23 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.

SB436, s. 254 Section 254. 66.43 (3) (L) of the statutes is amended to read:

SB436,95,4 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.

SB436, s. 255 Section 255. 66.43 (4) (a) (intro.) of the statutes is amended to read:

SB436,95,9 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).

SB436, s. 256 Section 256. 66.43 (4) (a) 3. of the statutes is amended by replacing "incumber" with "encumber".

Note: Inserts preferred spelling.

SB436, s. 257 Section 257. 66.43 (6) (a) of the statutes is renumbered 66.43 (6) (a) (intro.) and amended to read:

SB436,96,2 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:

SB436,96,3 1. The uses and purposes required by the plan; the.

SB436,96,6 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.

SB436,96,7 3. Any other matters as that the city shall deem considers appropriate.

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

SB436, s. 258 Section 258. 66.431 (2m) (ar) of the statutes is created to read:

SB436,96,9 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.

SB436, s. 259 Section 259. 66.431 (3) (a) of the statutes is renumbered 66.431 (3) (a) 1. and amended to read:

SB436,97,2 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

SB436,97,6 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.

SB436,97,13 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.

SB436,97,14 4. The powers of the authority shall be vested in the commissioners.

SB436,97,23 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.

SB436,97,25 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.

SB436, s. 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.

SB436,98,3 66.431 (2m) (b) "Blighted area" means any of the following:

SB436,98,11 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.

SB436,98,22 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.

SB436,99,3 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.

SB436,99,14 (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:

SB436,99,16 (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.

SB436, s. 261 Section 261. 66.431 (9) (a) 1. of the statutes is renumbered 66.431 (9) (a) 1. a. and amended to read:

SB436,99,23 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

SB436,100,16 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.

SB436,100,20 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.

SB436,101,2 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.

SB436, s. 262 Section 262. 66.431 (14) of the statutes is amended to read:

SB436,101,12 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.

SB436, s. 263 Section 263. 66.435 (2m) of the statutes is created to read:

SB436,101,14 66.435 (2m) In this section:

SB436,101,15 (a) "Rehabilitation or conservation work" may include any of the following:

SB436,101,17 1. Carrying out plans for a program of voluntary or compulsory repair and rehabilitation of buildings or other improvements.

SB436,102,2 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.

SB436,102,5 3. Installation, construction or reconstruction of streets, utilities, parks, playgrounds, and other improvements necessary for carrying out the objectives of the urban renewal project.

SB436,102,9 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.

SB436,102,14 (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.

SB436, s. 264 Section 264. 66.435 (3) of the statutes is amended to read:

SB436,103,13 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.

SB436, s. 265 Section 265. 66.435 (6) of the statutes is amended to read:

SB436,103,20 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).

SB436, s. 266 Section 266. 66.44 (1) of the statutes is renumbered 66.44 (1) (a) (intro.) and amended to read:

SB436,104,4 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:

SB436,104,8 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.).

SB436,104,10 2. Act as agent for the federal government in developing and administering such housing; may lease such for persons described in par. (a) (intro.).

SB436,104,12 3. Lease housing for persons described in par. (a) (intro.) from the federal government (, or any agency thereof); and may arrange.