229.46(5)(c)
(c) Solicit competitive sealed proposals for the design and initial construction of the exposition center and exposition center facilities. The panel described under
sub. (6) shall evaluate the proposals using a 2-phase selection process. Under the first phase, offerors shall submit information responding to the district's request for proposals, including the experience and past performance of the offerors, a management plan, general concept design features and a price analysis. An offeror may be eliminated from further consideration by the panel without discussion if any minimum requirements of the request for proposal are not met. The panel shall evaluate all first-phase proposals and select not more than 3 offerors to submit 2nd-phase proposals. All 2nd-phase proposals shall include all of the following:
229.46(5)(c)1.
1. Responses to any comments or questions by the panel relating to first phase submissions.
229.46(5)(c)2.
2. Refined initial design concepts, management plan and materials relating to experience and past performance.
229.46(5)(c)4.
4. A guaranteed maximum price for the design and initial construction of the exposition center and exposition center facilities.
229.46(5)(c)5.
5. Detail of any fees, including all professional service and development fees.
229.46(5)(c)6.
6. Evidence that is satisfactory to the panel of the offeror's ability to obtain bonds guaranteeing the offeror's performance and bonds guaranteeing the payment for labor and materials by the offeror in amounts specified by the panel.
229.46(5)(c)7.
7. Any other information and materials requested by the panel.
229.46(5)(d)
(d) Publish a class 2 notice under
ch. 985 requesting the first-phase proposals described under
par. (c). The advertisement shall include the date by which the proposals must be submitted, which shall be at least 7 days after the date of the last insertion of the notice.
229.46(5)(e)
(e) Forward to the panel described under
sub. (6), for its recommendations, all first-phase and 2nd-phase proposals received under
par. (c).
229.46(6)(a)(a) The district shall convene an evaluation panel to make recommendations concerning the competitive sealed proposals that the district solicits and receives under
sub. (5). The panel shall consist of the following members:
229.46(6)(a)1.
1. A representative appointed by the chief executive officer of the city with the largest population within the district's jurisdiction, as that term is used in
s. 229.43.
229.46(6)(a)2.
2. Two representatives appointed by the secretary of administration, one of whom shall be a registered engineer and one of whom shall be a registered architect.
229.46(6)(a)3.
3. A representative appointed by the district who has experience in the construction of major facilities.
229.46(6)(a)4.
4. The comptroller of the sponsoring municipality with the largest population within the district's jurisdiction, as that term is used in
s. 229.43, except that if the sponsoring municipality does not have a comptroller the representative shall be the chief financial officer of the sponsoring municipality.
229.46(6)(b)
(b) The panel under
par. (a) shall evaluate the proposals and make its recommendations based on the adequacy of the responses to the information solicited in the district's request for proposals, including the following factors:
229.46(6)(b)2.
2. The qualifications of the persons submitting the bids or proposals.
229.46(6)(b)4.
4. The design quality and suitability of the construction or remodeling plans contained in the proposals.
229.46(7)
(7) The district may retain the department of administration or any other consultant to assist in the preparation of the program statement required under
sub. (5) (a), the criteria required under
sub. (5) (b) or the request for proposals required under
sub. (5) (c).
229.46 History
History: 1993 a. 263.
229.47
229.47
Transfer agreements. A sponsoring municipality may enter into a transfer agreement with a district to provide the terms and conditions upon which the sponsoring municipality may transfer any interests in an existing exposition center and exposition center facilities created under this subchapter or an existing convention institution created under
s. 229.26 to the district. The transfer agreement may include provisions for the division of revenues from taxes levied by the district under
s. 66.75 (1m) and
subchs. VIII and
IX of ch. 77 to fund costs incurred by the sponsoring municipality during any transition period in which the sponsoring municipality has continuing responsibility for the operation or maintenance of any exposition center, exposition center facilities or convention institution facilities. A transfer may take the form of a sale, lease or other conveyance and may be with or without financial consideration. A transfer agreement shall require the district to accept an assignment of all contracts with other persons, with respect to a transferred exposition center, exposition center facilities or convention institution facilities, that are in force at the time of transfer. If the employes who perform services for a board created under
s. 229.26 (2) are included within one or more collective bargaining units under
subch. IV of ch. 111 that do not include other employes of the sponsoring municipality, and a collective bargaining agreement exists between the sponsoring municipality and the representative of those employes in any such unit, the transfer agreement shall require the district to assume the functions of the employer under that collective bargaining agreement as provided in
s. 229.26 (10).
229.47 History
History: 1993 a. 263.
229.477
229.477
Dissolution of a district. Subject to providing for the payment of its bonds, including interest on the bonds, and the performance of its other contractual obligations, a district may be dissolved by the joint action of the district's board of directors and sponsoring municipality. If the district is dissolved, the property of the district shall be transferred to its sponsoring municipality. If the district was created by more than one sponsoring municipality, the municipalities shall agree on the apportioning of the district's property before the district may be dissolved.
229.477 History
History: 1993 a. 263.
229.48
229.48
Issuance of bonds. 229.48(1)(1) A district may issue bonds for costs and purposes that are related to an exposition center or an exposition center facility, including all of the following:
229.48(1)(a)
(a) Costs of acquiring, constructing, equipping, maintaining or improving an exposition center or an exposition center facility.
229.48(1)(b)
(b) Costs of acquiring or improving an exposition center site.
229.48(1)(c)
(c) Engineering, architectural or consultant fees, costs of environmental or feasibility studies, permit and license fees and similar planning or preparatory costs, that are related to an exposition center or exposition center facility.
229.48(1)(d)
(d) Funding budgeted costs for an exposition center or exposition center facility for the 6-month period immediately following the completion of its construction or acquisition.
229.48(1)(e)
(e) Interest on bonds or on any debt that is retired with the proceeds of bonds, if the interest is incurred or is reasonably expected to be incurred during the time period beginning a reasonable time period prior to the construction or acquisition of an exposition center or exposition center facility and ending 6 months after the completion of the construction or acquisition.
229.48(1)(f)
(f) Expenses related to the authorization, issuance and sale of the bonds.
229.48(1)(g)
(g) Funding reserves authorized by the bond resolution.
229.48(1m)
(1m) For financing purposes, exposition centers and exposition center facilities are public utilities and tax revenues imposed under
s. 66.75 (1m) (a) and
(b) and
subchs. VIII and
IX of ch. 77 are property or income of the public utility.
229.48(2)
(2) All bonds are negotiable for all purposes, notwithstanding their payment from a limited source. A district may retain the building commission or any other person as its financial consultant to assist with and coordinate the issuance of bonds and shall use the building commission as its financial consultant for bonds secured by a special debt service reserve fund under
s. 229.50.
229.48(3)
(3) The bonds of each issue shall be payable solely out of revenues of the district specified in the bond resolution under which the bonds are issued.
229.48(4)
(4) A district may not issue bonds unless the issuance is first authorized by a bond resolution. Bonds shall bear the dates, mature at the times not exceeding 40 years from their dates of issue, be payable at the times, be in the denominations, be in the form, carry the registration and conversion privileges, be executed in the manner, be payable in lawful money of any sovereign government at the places, and be subject to the terms of redemption, that the bond resolution provides. Bonds shall bear interest at fixed, variable or no interest, as provided in the bond resolution. The bonds shall be executed by the manual or facsimile signatures of the officers of the district designated by the board of directors. The bonds may be sold at public or private sale at the price, in the manner and at the time determined by the board of directors. Pending preparation of definitive bonds, a district may issue interim receipts or certificates that shall be exchanged for the definitive bonds.
229.48(5)
(5) A bond resolution may contain provisions, which shall be a part of the contract with the holders of the bonds that are authorized by the bond resolution, regarding any of the following:
229.48(5)(a)
(a) Pledging or assigning specified assets or revenues of the district.
229.48(5)(b)
(b) Setting aside reserves or sinking funds, and the regulation, investment and disposition of these funds.
229.48(5)(c)
(c) Limitations on the purpose to which or the investments in which the proceeds of the sale of any issue of bonds may be applied.
229.48(5)(d)
(d) Limitations on the issuance of additional bonds, the terms upon which additional bonds may be issued and secured and the terms upon which additional bonds may rank on a parity with, or be subordinate or superior to, other bonds.
229.48(5)(e)
(e) Funding, refunding, advance refunding or purchasing outstanding bonds.
229.48(5)(f)
(f) Procedures, if any, by which the terms of any contract with bondholders may be amended, the amount of bonds the holders of which must consent to the amendment and the manner in which this consent may be given.
229.48(5)(g)
(g) Defining the acts or omissions to act that constitute a default in the duties of the district issuing the bonds to the bondholders, and providing the rights and remedies of the bondholders in the event of a default.
229.48(5)(h)
(h) Other matters relating to the bonds that the board of directors considers desirable.
229.48(6)
(6) Neither the members of the board of directors nor any person executing the bonds is liable personally on the bonds or subject to any personal liability or accountability by reason of the issuance of the bonds, unless the personal liability or accountability is the result of wilful misconduct.
229.48 History
History: 1993 a. 263.
229.49
229.49
Bond security. A district may secure bonds by a trust agreement, trust indenture, indenture of mortgage or deed of trust by and between the district and one or more corporate trustees. A bond resolution providing for the issuance of bonds so secured may mortgage, pledge, assign or grant security interests in some or all of the revenues and property of the district issuing the bonds and may contain those provisions for protecting and enforcing the rights and remedies of the bondholders that are reasonable and proper and not in violation of law. A bond resolution may contain other provisions determined by the board of directors to be reasonable and proper for the security of the bondholders.
229.49 History
History: 1993 a. 263.
229.50
229.50
Special debt service reserve funds. 229.50(1)
(1)
Establishment of special debt service reserve funds. A district may establish one or more special funds to secure its bonds, referred to in this subchapter as special debt service reserve funds, if, prior to each issuance of bonds to be secured by the special debt service reserve fund, the secretary of administration determines that all of the following conditions are met with respect to the bonds:
229.50(1)(a)
(a)
Substantial statewide public purpose. The proceeds of the bonds, other than refunding bonds, will be used in connection with an exposition center, or an exposition center facility used primarily to support the activities of an exposition center, that serves a substantial statewide public purpose. An exposition center serves a substantial statewide public purpose if all of the following conditions are met:
229.50(1)(a)1.
1. Each sponsoring municipality of the district adopts a resolution that certifies that the exposition center meets all of the following conditions:
229.50(1)(a)1.a.
a. The exposition center includes or will include an exhibition hall of at least 100,000 square feet.
229.50(1)(a)1.b.
b. The exposition center is reasonably projected to support at least 2,000 full-time equivalent jobs.
229.50(1)(a)1.c.
c. The exposition center is reasonably projected to stimulate at least $6,500,000,000 in total spending in the state over the 30-year period beginning on the date on which the bonds are issued.
229.50(1)(a)1.d.
d. The exposition center is reasonably projected to attract at least 50,000 out-of-state visitors annually.
229.50(1)(a)1.e.
e. The exposition center is reasonably projected to generate at least $150,000,000 of incremental state income, franchise and sales tax revenues over the 30-year period beginning on the date on which the bonds are issued.
229.50(1)(a)2.
2. Each sponsoring municipality sends a copy of the resolution adopted under
subd. 1. to the secretary of administration and the secretary of revenue.
229.50(1)(a)3.
3. Neither the secretary of administration nor the secretary of revenue determines that a resolution provided under
subd. 2. does not meet the conditions under
subd. 1. If a secretary makes a determination under this subdivision, the secretary shall provide written notice of his or her determination and the reasons for his or her determination to each sponsoring municipality of the district within 30 days after receiving a copy of all resolutions under
subd. 2. A determination under this subdivision is not subject to review under
ch. 227, but sponsoring municipalities may resubmit resolutions under
subd. 1. at any time after a secretary issues a determination under this subdivision.
229.50(1)(b)
(b)
Feasibility. The proceeds of bonds, other than refunding bonds, will be used for feasible projects and there is a reasonable likelihood that the bonds will be repaid without the necessity of drawing on funds in the special debt service reserve fund that secures the bonds. The secretary of administration may not make the determinations required under this paragraph unless a majority of the authorized members of the district's board has voted that, if the balance in a special debt service reserve fund of the district is less than the requirement under
sub. (5), the room tax imposed by the district under
s. 66.75 (1m) (b) is 3% of total room charges and the food and beverages tax imposed by the district under
s. 77.981 is 0.5% of gross receipts. In addition, the secretary of administration may make the determinations required under this paragraph only after considering all of the following:
229.50(1)(b)1.
1. Whether a pledge of the gross tax revenues of the district is made under the bond resolution.
229.50(1)(b)2.
2. Whether the tax revenues of the district will be paid directly to the trustee of the bonds.
229.50(1)(b)3.
3. Revenue projections for the projects to be financed by the bonds and the reasonableness of the assumptions on which these revenue projections are based.
229.50(1)(b)4.
4. The proposed interest rates of the bonds and the resulting cash-flow requirements.
229.50(1)(b)5.
5. Whether the projected ratio of annual tax revenues to annual debt service of the district, taking into account capitalized interest, is 135% or greater.
229.50(1)(b)6.
6. Whether an understanding exists providing for repayment by the district to the state of all amounts appropriated to the special debt service reserve fund pursuant to
sub. (7).
229.50(1)(b)7.
7. Whether the district has agreed to provide the department of administration with all financial reports of the district and all regular monthly statements of the trustee of the bonds on a direct and ongoing basis.
229.50(1)(b)8.
8. Whether the district has agreed that the department of administration will have direct and immediate access, at any time and without notice, to all records of the district.
229.50(1)(c)
(c)
Limit on bonds issued. The amount of all bonds, other than refunding bonds, that would be secured by all special debt service reserve funds of the district will not exceed $200,000,000.
229.50(1)(d)
(d)
Use of net proceeds. Not more than $170,000,000 of the total net proceeds of all bonds, other than refunding bonds, that would be secured by all special debt service reserve funds of the district will be used for the purposes specified under
s. 229.48 (1) (a) to
(c), except that no proceeds of the bonds secured by a special debt service reserve fund may be used to remodel or refurbish an existing exposition center or existing exposition center facilities transferred under a transfer agreement under
s. 229.47.
229.50(1)(e)
(e)
Date of issuance. The bonds, other than refunding bonds, will be issued no later than April 1, 1999.
229.50(1)(f)
(f)
Transfer agreement. A sponsoring municipality of the district issuing the bonds has entered into a transfer agreement under
s. 229.47 that transfers to the district the sponsoring municipality's interests in an existing exposition center and exposition center facilities created under this subchapter or in an existing convention institution under
s. 229.26.
229.50(1)(g)
(g)
Refunding bonds. All refunding bonds to be secured by the special debt service reserve fund meet all of the following conditions:
229.50(1)(g)1.
1. The refunding bonds are to be issued to fund, refund or advance refund bonds secured by a special debt service reserve fund.
229.50(1)(g)2.
2. The refunding of bonds by the refunding bonds was determined by the secretary of administration not to adversely affect the risk that the state will be called on to make a payment under
sub. (7).
229.50(2)
(2) Payment of funds into a special debt service reserve fund. A district shall pay into each of these special debt service reserve funds any moneys appropriated and made available by the state for the purposes of the special debt service reserve fund, any proceeds of a sale of bonds to the extent provided in the bond resolution authorizing the issuance of the bonds and any other moneys that are made available to the district for the purpose of the special debt service reserve fund from any other source.
229.50(3)
(3) Use of moneys in the special debt service reserve fund. All moneys held in any special debt service reserve fund of a district, except as otherwise specifically provided, shall be used, as required, solely for the payment of the principal of bonds secured in whole or in part by the special debt service reserve fund, the making of sinking fund payments with respect to these bonds, the purchase or redemption of these bonds, the payment of interest on these bonds or the payment of any redemption premium required to be paid when these bonds are redeemed prior to maturity. If moneys in a special debt service reserve fund at any time are less than the special debt service reserve fund requirement under
sub. (5) for the debt service reserve fund, the district may not use these moneys for any optional purchase or optional redemption of the bonds. Any income or interest earned by, or increment to, any special debt service reserve fund due to the investment of moneys in the special debt service reserve fund may be transferred by the district to other funds or accounts of the district to the extent that the transfer does not reduce the amount of the special debt service reserve fund below the special debt service reserve fund requirement under
sub. (5) for the special debt service reserve fund.
229.50(4)
(4) Limitation on bonds secured by a special debt service reserve fund. A district shall accumulate in each special debt service reserve fund an amount equal to the special debt service reserve fund requirement under
sub. (5) for the special debt service reserve fund. A district may not at any time issue bonds secured in whole or in part by a special debt service reserve fund if upon the issuance of these bonds the amount in the special debt service reserve fund will be less than the special debt service reserve fund requirement under
sub. (5) for the special debt service reserve fund, unless the district, at the time that it issues the bonds, deposits in the special debt service reserve fund from the proceeds of the bond issuance, or from other sources, an amount that, together with the amount then in the special debt service reserve fund, will not be less than the special debt service reserve fund requirement under
sub. (5) for the special debt service reserve fund.
229.50(5)
(5) Special debt service reserve fund requirement. The special debt service reserve fund requirement for a special debt service reserve fund, as of any particular date of computation, is equal to an amount of money, as provided in the bond resolution authorizing the bonds with respect to which the special debt service reserve fund is established, that may not exceed the maximum annual debt service on the bonds of the district for that fiscal year or any future fiscal year of the district secured in whole or in part by that special debt service reserve fund. In computing the annual debt service for any fiscal year, bonds deemed to have been paid in accordance with the defeasance provisions of the bond resolution authorizing the issuance of the bonds shall not be included in bonds outstanding on such date of computation. The annual debt service for any fiscal year is the amount of money equal to the aggregate of all of the following calculated on the assumption that the bonds will, after the date of computation, cease to be outstanding by reason, but only by reason, of the payment of bonds when due, and the payment when due, and application in accordance with the bond resolution authorizing those bonds, of all of the sinking fund payments payable at or after the date of computation:
229.50(5)(a)
(a) All interest payable during the fiscal year on all bonds that are secured in whole or in part by the special debt service reserve fund and that are outstanding on the date of computation.
229.50(5)(b)
(b) The principal amount of all of the bonds that are secured in whole or in part by the special debt service reserve fund, are outstanding on the date of computation and mature during the fiscal year.
