234.10(3)
(3) Pledging of any loan, grant or contribution from the federal or state government, any political subdivision of the state or source in aid of such development as provided for in this chapter.
234.10(4)
(4) The use and disposition of the gross income from mortgages owned by the authority and payment of principal of mortgages owned by the authority.
234.10(5)
(5) The setting aside of reserves or sinking funds and the regulation and disposition thereof.
234.10(6)
(6) Limitations on the purpose to which the proceeds of sale of notes or bonds may be applied and pledging such proceeds to secure the payment of the notes or bonds or of any issue thereof.
234.10(7)
(7) Limitations on the issuance of additional notes or bonds; the terms upon which additional notes or bonds may be issued and secured; the refunding of outstanding or other notes or bonds.
234.10(8)
(8) The procedure, if any, by which the terms of any contract with noteholders or bondholders may be amended or abrogated, the amount of notes or bonds the holders of which must consent thereto, and the manner in which such consent may be given.
234.10(9)
(9) Vesting in a trustee such property, rights, powers and duties in trust as the authority determines, which may include any or all of the rights, powers and duties of the trustee appointed by the noteholders or bondholders pursuant to
s. 234.20 and limiting or abrogating the right of the noteholders or bondholders to appoint a trustee under
s. 234.20 or limiting the rights, powers and duties of such trustee, in which event
s. 234.20 shall not apply.
234.10(10)
(10) Any other matters, of like or different character, which in any way affect the security or protection of the notes or bonds.
234.10 History
History: 1971 c. 287.
234.11
234.11
Same; validity and effect of pledge. Any pledge made by the authority shall be valid and binding from the time when the pledge is made; the moneys or property so pledged and thereafter received by the authority shall immediately be subject to the lien of such pledge without any physical delivery thereof or further act; and the lien of any such pledge shall be valid and binding as against all parties having claims of any kind in tort, contract or otherwise against the authority, irrespective of whether such parties have notice thereof. Neither the resolution nor any other instrument by which a pledge is created need be recorded.
234.11 History
History: 1971 c. 287.
234.12
234.12
Same; personal liability of members of authority. Neither the members of the authority nor any person executing the notes or bonds shall be liable personally on the notes or bonds or be subject to any personal liability or accountability by reason of the issuance thereof.
234.12 History
History: 1971 c. 287.
234.13
234.13
Same; purchase for cancellation. The authority, subject to such agreements with noteholders or bondholders as may then exist, shall have power out of any funds available therefor to purchase notes or bonds of the authority, which shall thereupon be canceled, at a price not exceeding:
234.13(1)
(1) If the notes or bonds are then redeemable, the redemption price then applicable plus accrued interest to the next interest payment date thereon; or
234.13(2)
(2) If the notes or bonds are not then redeemable, the redemption price applicable on the first date after such purchase upon which the notes or bonds become subject to redemption plus accrued interest to such date.
234.13 History
History: 1971 c. 287.
234.14
234.14
Same; liability of state. The state shall not be liable on notes or bonds of the authority and such notes and bonds shall not be a debt of the state. All notes and bonds of the authority shall contain on the face thereof a statement to such effect.
234.14 History
History: 1971 c. 287.
234.15
234.15
Capital reserve funds. 234.15(1g)
(1g) In this section, "capital reserve fund requirement" means, as of any particular date of computation, an amount of money, as provided in the resolutions of the authority authorizing the bonds with respect to which a capital reserve fund is established, which amount shall not exceed the maximum annual debt service on the bonds of the authority for that fiscal year or any future fiscal year of the authority secured in whole or in part by the capital reserve fund.
234.15(1r)
(1r) The authority shall establish one or more special funds to secure its bonds, referred to in this chapter as capital reserve funds, and shall pay into each such capital reserve fund any moneys appropriated and made available by the state for the purposes of such fund, any proceeds of sale of notes or bonds, to the extent provided in the resolution of the authority authorizing the issuance thereof and any other moneys which are made available to the authority for the purpose of such fund from any other source.
234.15(2)
(2) All moneys held in any capital reserve fund, except as otherwise specifically provided, shall be used, as required, solely for the payment of the principal of bonds of the authority secured in whole or in part by such fund or of the sinking fund payments mentioned in this section with respect to such bonds, the purchase or redemption of such bonds, the payment of interest on such bonds or the payment of any redemption premium required to be paid when such bonds are redeemed prior to maturity; but, if moneys in such fund at any time are less than the capital reserve fund requirement established for such fund as provided in this section, the authority shall not use such moneys for any optional purchase or optional redemption of such bonds. Any income or interest earned by, or increment to, any capital reserve fund due to the investment thereof may be transferred by the authority to other funds or accounts of the authority to the extent such transfer does not reduce the amount of such capital reserve fund below the capital reserve fund requirement for such fund.
234.15(3)(a)(a) The authority shall not at any time issue bonds, secured in whole or in part by a capital reserve fund if upon the issuance of the bonds, the amount in the capital reserve fund will be less than the capital reserve fund requirement of the capital reserve fund, unless the authority, at the time of issuance of the bonds, deposits in the capital reserve fund from the proceeds of the bonds to be issued, or from other sources, an amount which, together with the amount then in the capital reserve fund, will not be less than the capital reserve fund requirement for the capital reserve fund. The annual debt service for any fiscal year is the amount of money equal to the aggregate of all of the following:
234.15(3)(a)1.
1. All interest payable during [the] fiscal year on all bonds secured in whole or in part by the capital reserve fund outstanding on the date of computation.
234.15 Note
NOTE:
The bracketed word was added to improve grammar. Corrective legislation is pending.
234.15(3)(a)2.
2. The principal amount of all bonds described in
subd. 1. outstanding on the date of computation which mature during the fiscal year, plus
234.15(3)(a)3.
3. All amounts specified in any resolution of the authority authorizing any of the bonds described in
subd. 1. as payable during the fiscal year as a sinking fund payment with respect to any of the bonds which mature after the fiscal year.
234.15(3)(b)
(b) The annual debt service calculation made under
par. (a) shall be 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 resolution authorizing those bonds, of all of the sinking fund payments payable at or after the date of computation. However, in computing the annual debt service for any fiscal year, bonds considered to have been paid in accordance with the defeasance provisions of the resolution of the authority authorizing the issuance thereof shall not be included in bonds outstanding on the date of computation.
234.15(4)
(4) To assure the continued operation and solvency of the authority for the carrying out of the public purposes of this chapter, the authority shall accumulate in each capital reserve fund an amount equal to the capital reserve fund requirement for such fund. If at any time the capital reserve fund requirement for any capital reserve fund exceeds the amount of such capital reserve fund, the chairperson of the authority shall certify to the secretary of administration, the governor and the joint committee on finance the amount necessary to restore such capital reserve fund to an amount equal to the capital reserve fund requirement in respect thereto. If such certification is received by the secretary of administration in an even-numbered year prior to the completion of the budget compilation under
s. 16.43, the secretary shall include the certified amount in the budget compilation. In any case, the joint committee on finance shall introduce in either house, in bill form, an appropriation of the amount so certified to the appropriate capital reserve fund of the authority. Recognizing its moral obligation to do so, the legislature hereby expresses its expectation and aspiration that, if ever called upon to do so, it shall make such appropriation.
234.15(5)
(5) In computing the amount of any capital reserve fund for the purposes of this section, securities in which all or a portion of such capital reserve fund is invested shall be valued at par, or if purchased at less than par, at their cost to the authority.
234.15(6)
(6) Notwithstanding
subs. (1r) to
(5), the authority, subject to such agreements with noteholders or bondholders as may then exist, may elect not to secure any particular issue of its bonds with a capital reserve fund. Such election shall be made in the resolution authorizing such issue. In this event,
subs. (2) and
(3) shall not apply to the bonds of such issue in that they shall not be entitled to payment out of or be eligible for purchase by any such fund nor shall they be taken into account in computing or applying any capital reserve fund requirement.
234.15 History
History: 1971 c. 287;
1973 c. 208;
1975 c. 221;
1995 a. 225; s. 13.93 (2) (c).
234.16
234.16
General reserve fund. The authority shall establish a special fund, referred to in this chapter as general reserve fund, and shall pay into such fund all fees and charges collected by the authority and any moneys which the authority transfers from the capital reserve fund. Such moneys and any other moneys paid into the general reserve fund, in the discretion of the authority but subject to agreements with bondholders and noteholders, may be used by the authority:
234.16(1)
(1) For the repayment of advances from the state in accordance with the repayment agreements between the authority and the secretary of administration;
234.16(2)
(2) To pay all costs, expenses and charges of financing, including fees and expenses of trustees and paying agents;
234.16(3)
(3) For transfers to the capital reserve fund;
234.16(4)
(4) For the payment of the principal of and interest on notes or bonds issued by the authority when the same become due whether at maturity or on call for redemption and for the payment of any redemption premium required to be paid where such bonds or notes are redeemed prior to their stated maturities, and to purchase notes or bonds; or
234.16(5)
(5) For such other corporate purposes of the authority as the authority in its discretion determines.
234.16 History
History: 1971 c. 287.
234.165
234.165
Authority surplus fund. 234.165(1)
(1) The authority shall continue the authority surplus fund established under its resolutions authorizing the issuance of its bonds or notes before May 8, 1982.
234.165(2)(a)(a) In this subsection, "surplus" means assets of the authority which are not required to pay the cost of issuance of bonds or notes of the authority, to make financially feasible economic development loans and housing projects receiving proceeds from authority bond or note issues or to honor agreements with bondholders and noteholders.
234.165(2)(b)1.1. Annually before August 31 the chairperson of the authority shall certify and file with the secretary of administration a report of the actual surplus available on the preceding June 30 and the surplus projected by the authority to be available on the succeeding June 30. Together with this report, the chairperson of the authority shall report, as of the preceding June 30:
234.165(2)(b)1.a.
a. The amount or value and an explanation of all short-term deferred receivables and property of the authority and any amounts reserved to cover any deficiency in operating revenue or to fund the replacement or maintenance of assets of the authority.
234.165(2)(b)1.b.
b. The amount reserved to be used for loans and other expenditures under each plan approved under this subsection in each prior year.
234.165(2)(b)1.bm.
bm. The amount reserved to be used for loans and other expenditures under any plan approved under this subsection that has been loaned or expended or that has been returned to the surplus since the effective date of the plan submitted under this subsection in the previous year.
234.165(2)(b)1.c.
c. The amount reserved to be used for loans and other expenditures under any plan approved under this subsection in any prior year that is not legally obligated to be paid to a party other than the authority, the planned use of each such amount, and the projected date by which any such amount that is not used in accordance with the plan approved for its use will become a part of the authority's surplus.
234.165(2)(b)1.cm.
cm. The amount reserved to be used for loans and other expenditures under any plan approved under this subsection in any prior year that have been approved by the authority but for which the authority has not yet signed a contract, the planned use of each such amount, and the projected date by which any such amount that is not used in accordance with the plan approved for its use will become a part of the authority's surplus.
234.165(2)(b)1.d.
d. The actual surplus that became available on the preceding June 30, together with the projected surplus for that date as contained in the authority's report under this subdivision in the previous year.
234.165(2)(b)2.
2. Annually before August 31 the authority shall submit to the governor a plan for expending or encumbering the actual surplus reported under
subd. 1. The part of the plan related to housing shall be consistent with the state housing strategy plan under
s. 16.31. The plan submitted under this subdivision may be attached to and submitted as a part of the report filed under
subd. 1.
234.165(2)(b)3.
3. Within 30 days after receiving the plan under
subd. 2., the governor may modify the plan and shall submit the plan as modified to the presiding officer of each house of the legislature, who shall refer the plan to appropriate standing committees within 7 days, exclusive of Saturdays, Sundays and legal holidays.
234.165(2)(b)4.
4. The standing committee review period extends for 30 days after the plan is referred to it. If within the 30-day period a standing committee requests the authority to meet with it to review the plan, the standing committee review period is continued until 30 days after the request. If a standing committee and the governor agree to modifications in the plan, the review period for all standing committees is continued until 10 days after receipt by the committees of the modified plan.
234.165(2)(b)5.
5. The plan or modified plan is approved if no standing committee objects to the plan or modified plan within its review period. If a standing committee objects to the plan or modified plan, it shall refer the parts to which objection was made to the joint committee on finance.
234.165(2)(b)6.
6. The joint committee on finance shall meet in executive session within 30 days after referral by a standing committee, but may take action any time after referral. Joint committee on finance action shall consist of concurrence in standing committee objections, modifications to the parts referred to it which are approved by the governor or approval of the plan or modified plan notwithstanding standing committee objections.
234.165(2)(b)7.
7. The plan is not effective until approved or modified under this paragraph.
234.165(2)(c)
(c) Surplus may be expended or encumbered only in accordance with the plan approved under
par. (b), except that the authority may transfer from one plan category to another:
234.165(2)(c)1.
1. Not more than 5% of the funds allocated to the plan category from which the transfer is made.
234.165(2)(c)2.
2. More than 5% of the funds allocated to the plan category from which the transfer is made, if the authority obtains the approval of the secretary of administration and notifies the joint committee on finance of the proposed transfer.
234.165(2)(d)
(d) The authority shall allocate a portion of its surplus in a plan prepared under
par. (b) to match federal funds available to this state under the Stewart B. McKinney homeless assistance act,
42 USC 11361 to
11402, and to match federal funds available to this state under the home investment partnership program,
42 USC 12741 to
12756.
234.165(2)(dm)
(dm) The authority shall allocate a portion of its surplus in a plan prepared under
par. (b) to the property tax deferral loan program under
ss. 234.621 to
234.626.
234.165 Note
NOTE:
Chapter 349, laws of 1981, which created this section, has a lengthy "Legislative declaration" in section 1.
234.17
234.17
Repayment to general fund. The authority shall repay the amounts appropriated under s.
20.143 (1) (a), 1971 stats., to the general fund from that portion of the authority's surplus, if any, as is determined by agreement between the authority and the secretary of administration.
234.18
234.18
Limit on amount of outstanding bonds and notes. 234.18(1)(1) Except as provided in
sub. (2), the authority shall not have outstanding at any one time notes and bonds for any of its corporate purposes in an aggregate principal amount exceeding $500,000,000, excluding bonds and notes issued to refund outstanding notes and bonds authorized under this subsection. Not more than $45,000,000 in bonds and notes authorized under this subsection may be issued on or after July 1, 1982, except bonds or notes issued to refund outstanding bonds or notes authorized under this subsection.
234.18(2)
(2) In addition to bonds or notes issued under
sub. (1), the authority may not have outstanding at any one time notes and bonds for any of its corporate purposes in an aggregate principal amount exceeding $125,000,000, excluding bonds and notes issued to refund outstanding bonds and notes authorized under this subsection. Bonds and notes authorized under this subsection and issued for the purpose of economic development may be issued only with the consent of the department of commerce. The department may not impose conditions inconsistent with the state housing strategy plan under
s. 16.31.
234.18(3)
(3) The authority shall employ the building commission as its financial consultant to assist and coordinate the issuance of bonds and notes of the authority.
234.19
234.19
Notes and bonds; pledge and agreement of state. The state pledges and agrees with the holders of any notes or bonds issued under this chapter, that the state will not limit or alter the rights vested in the authority to fulfill the terms of any agreements made with the holders thereof, or in any way impair the rights and remedies of the holders until the notes or bonds, together with the interest thereon, with interest on any unpaid instalments of interest, and all costs and expenses in connection with any action or proceeding by or on behalf of such holders, are fully met and discharged. The authority is authorized to include this pledge and agreement of the state in any agreement with the holders of such notes or bonds.
234.19 History
History: 1971 c. 287.
234.20
234.20
Default; trustee. 234.20(1)(1) If the authority defaults in the payment of principal of or interest on any issue of notes or bonds after they become due, whether at maturity or upon call for redemption, and the default continues for a period of 30 days or if the authority fails or refuses to comply with this chapter or defaults in any agreement made with the holders of any issue of notes or bonds, the holders of 25% in aggregate principal amount of the notes or bonds of the issue then outstanding, by instrument recorded in the office of the register of deeds of Dane county and approved or acknowledged in the same manner as a deed to be recorded, may appoint a trustee to represent the holders of the notes or bonds for the purposes otherwise specifically provided.
234.20(2)
(2) The trustee may, and upon written request of the holders of 25% in principal amount of such notes or bonds then outstanding shall, in the trustee's name:
234.20(2)(a)
(a) By action or proceeding, enforce all rights of the noteholders or bondholders, including the right to require the authority to collect fees and charges and interest and amortization payments on mortgage loans made by it adequate to carry out any agreement as to, or pledge of, such fees and charges and interest and amortization payments on such mortgages, and other properties and to require the authority to carry out any other agreements with the holders of such notes or bonds and to perform its duties under this chapter;
234.20(2)(c)
(c) By action, require the authority to account as if it were the trustee of an express trust for the holders of such notes or bonds;
234.20(2)(d)
(d) By action, enjoin any acts or things which may be unlawful or in violation of the rights of the holders of such notes or bonds; and
234.20(2)(e)
(e) Declare all such notes or bonds due and payable, and if all defaults shall be made good, then, with the consent of the holders of 25% of the principal amount of such notes or bonds then outstanding, to annul such declaration and its consequences.
234.21
234.21
Trustee; additional powers. The trustee, in addition to the powers granted in
s. 234.20 shall have all of the powers necessary or appropriate for the exercise of any functions specifically set forth in this chapter or incident to the general representation of noteholders or bondholders in the enforcement and protection of their rights.
234.21 History
History: 1971 c. 287.
234.22
234.22
Venue. The venue of any action or proceeding by the trustee under
ss. 234.19,
234.20 and
234.21 shall be in Dane county.
234.22 History
History: 1971 c. 287.
234.23
234.23
Notice before declaration that notes or bonds are due and payable. Before declaring the principal of notes or bonds due and payable, the trustee shall first give 30 days' notice in writing to the governor, the authority and the attorney general.
