Note: Repeals a provision that defines a state as the state of Wisconsin. The provision is unnecessary.
150,388 Section 388. 66.40 (3) (s) and (t) and (4) to (26) of the statutes are renumbered 66.1201 (3) (p) and (q) and (4) to (26), and 66.1201 (3) (p) and (q), (4) to (8), (9) (intro.), (a) to (f), (h) to (L) and (o) to (w), (10) (a), (b) (intro.) and 1. and (c) to (h), (11), (13) (a) 1. (intro.), a. and b., (b) and (c), (14) (a), (b), (d) and (e), (15) (intro.), (a) to (k), (L) (intro.) and 2. to 4. and (Lm) to (x), (16) (b) (intro.), 1. and 2., (17) to (22), (24) (a) and (b) (intro.), 1. and 2., (25) (a) to (f) and (h) and (26), as renumbered, are amended to read:
66.1201 (3) (p) "State public body" means any city, town, incorporated village, county, municipal corporation, commission, district, authority, other subdivision or public body of the state.
(q) "Trust indenture" shall include includes instruments pledging the revenues of real or personal properties.
(4) Creation of housing authorities. (a) When the a council of a city by proper resolution shall declare at any time hereafter declares by resolution that there is need for an authority to function in the city, a public body corporate and politic shall then exist exists in the city and shall be known as the "housing authority" of the city. Such The authority shall may then be authorized to transact business and exercise any powers herein granted to it under this section.
(b) The council shall adopt a resolution declaring that there is need for a housing authority in the city if it shall find the council finds that insanitary or unsafe inhabited dwelling accommodations exist in the city or that there is a shortage of safe or sanitary dwelling accommodations in the city available to persons of low income at rentals they can afford. In determining whether dwelling accommodations are unsafe or insanitary said the council may take into consideration the degree of overcrowding, the percentage of land coverage, the light, air, space and access available to the inhabitants of such the dwelling accommodations, the size and arrangement of the rooms, the sanitary facilities, and the extent to which conditions exist in such the buildings which endanger life or property by fire or other causes.
(c) In any suit, action or proceeding involving the validity or enforcement of or relating to any contract of the authority, the authority shall be conclusively deemed to have become established and authorized to transact business and exercise its powers hereunder under this section upon proof of the adoption of a resolution by the council declaring the need for the authority. Such The resolution or resolutions shall be deemed is sufficient if it declares that there is such a need for an authority and finds in substantially the foregoing terms (no further detail being necessary) that either or both of the above enumerated conditions described in par. (b) exist in the city. A copy of such the resolution duly certified by the city clerk shall be is admissible evidence in any suit, action or proceeding.
(5) Appointment, qualifications and tenure of commissioners. (a) When the council of a city adopts a resolution under sub. (4), it shall promptly notify the mayor. Upon receiving such the notice, the mayor shall, with the confirmation of the council, appoint 5 persons as commissioners of the authority, except that the mayor of a 1st class city that has created a housing authority before May 5, 1994, shall appoint 7 commissioners, at least 2 of whom shall be residents of a housing project acquired or constructed by the authority. No commissioner may be connected in any official capacity with any political party nor shall may more than 2 be officers of the city in which the authority is created. The powers of each authority shall be vested in the commissioners thereof in office from time to time of the authority.
(b) The first 5 commissioners who are first appointed shall be designated by the mayor to serve for terms of 1, 2, 3, 4 and 5 years respectively from the date of their appointment and the 2 additional commissioners appointed by the mayor of a 1st class city under par. (a) shall be first appointed to terms of 3 and 5 years respectively. Thereafter, the term of office shall be 5 years. A commissioner shall hold office until his or her successor has been appointed and has qualified. Vacancies shall be filled for the unexpired term in the same manner as other appointments. Three commissioners shall constitute a quorum, except that in an authority with 7 commissioners, 4 commissioners shall constitute a quorum. The mayor shall file with the city clerk a certificate of the appointment or reappointment of any commissioner and such the certificate shall be is conclusive evidence of the proper appointment of that commissioner if that commissioner has been confirmed under this paragraph and has taken and filed the official oath before entering office. The council of a city may pay commissioners a per diem and mileage and other necessary expenses incurred in the discharge of their duties at rates established by the council.
(c) When the office of the first chairperson of the authority becomes vacant, the authority shall select a chairperson from among its members. An authority shall select from among its members a vice chairperson, and it may employ a secretary (, who shall be executive director), technical experts and such other officers, agents and employes, permanent and temporary, as it may require, and shall determine their qualifications, duties and compensation. An authority may call upon the city attorney or chief law officer of the city for such legal services as it may require. An authority may delegate to one or more of its agents or employes such powers or duties as it may deem proper of the authority.
(6) Duty of the authority and its commissioners. The authority and its commissioners shall be under a statutory duty to comply or to cause compliance strictly with all provisions of ss. 66.40 66.1201 to 66.404 and 66.1211, with the laws of the state and in addition thereto, with each and every term, provision and covenant in with any contract of the authority on its part to be kept or performed.
(7) Interested commissioners or employes. No commissioner or employe of an authority shall may acquire any interest direct or indirect interest in any housing project or in any property included or planned to be included in any project or have any interest direct or indirect interest in any contract or proposed contract for insurance, materials or services to be furnished or used in connection with any housing project. If any a commissioner or employe of an authority owns or controls an interest a direct or indirect interest in any property included or planned to be included in any housing project, that person shall immediately disclose the same interest in writing to the authority and such the disclosure shall be entered upon the minutes of the authority. Failure to so disclose such the interest shall constitute constitutes misconduct in office.
(8) Removal of commissioners. For inefficiency or neglect of duty or misconduct in office, a commissioner of an authority may be removed by the mayor, but a commissioner shall may be removed only after having been given a copy of the charges at least 10 days prior to before the hearing thereon on the charges and had an opportunity to be heard in person or by counsel. In the event of the removal of any commissioner If a commissioner is removed, a record of the proceedings, together with the charges and findings thereon, shall be filed in the office of the city clerk. To the extent applicable, the provisions of s. 17.16 relating to removal for cause shall apply to any such removal.
(9) Powers of authority. (intro.) An authority shall constitute is a public body and a body corporate and politic, exercising public powers, and having has all the powers necessary or convenient to carry out and effectuate the purposes and provisions of ss. 66.40 66.1201 to 66.404 66.1211, including the following powers in addition to others herein granted in this section:
(a) Within its area of operation to prepare, carry out, acquire, lease and operate housing projects approved by the council; to provide for the construction, reconstruction, improvement, alteration or repair of any housing project or any part thereof of a housing project.
(b) To take over by purchase, lease or otherwise any housing project undertaken by any government and located within the area of operation of the authority when approved by the council; to purchase, lease, obtain options upon, acquire by gift, grant, bequest, devise, or otherwise, any real or personal property or any interest therein in the real or personal property.
(c) To act as agent for any government in connection with the acquisition, construction, operation or management of a housing project or any part thereof of a housing project.
(d) To arrange or contract for the furnishing of services, privileges, works, or facilities for, or in connection with, a housing project or the occupants thereof of a housing project.
(e) To lease or rent any dwellings, houses, accommodations, lands, buildings, structures or facilities embraced in any housing project and (, subject to the limitations contained in this section), to establish and revise the rents or charges therefor for the housing project.
(f) Within its area of operation to investigate into living, dwelling and housing conditions and into the means and methods of improving such those conditions; and to engage in research and studies on the subject of housing.
(h) To acquire by eminent domain any real property, including improvements and fixtures thereon on the real property.
(i) To own, hold, clear and improve property, to insure or provide for the insurance of the property or operations of the authority against such any risks as the authority may deem advisable, to procure insurance or guarantees from the federal government of the payment of any debts or parts thereof of debts secured by mortgages made or held by the authority on any property included in any housing project.
(j) To contract for sale and sell any part or all of the interest in real estate acquired and to execute such contracts of sale and conveyances as the authority may deem considers desirable.
(k) In connection with any loan, to agree to limitations upon its right to dispose of any housing project or part thereof of a housing project.
(L) In connection with any loan by a government, to agree to limitations upon the exercise of any powers conferred upon the authority by ss. 66.40 66.1201 to 66.404 66.1211.
(o) To make and from time to time amend and repeal bylaws, rules and regulations not inconsistent with ss. 66.40 66.1201 to 66.404 66.1211, to carry into effect the powers and purposes of the authority.
(p) To exercise all or any part or combination of powers herein granted in this section. No provisions of law with respect to the acquisition or disposition of property by other public bodies shall be are applicable to an authority unless the legislature shall specifically so state otherwise provided.
(q) The To execute bonds, notes, debentures or other evidences of indebtedness which, when executed by a housing authority shall not be, are not a debt or charge against any city, county, state or any other governmental authority, other than against the housing authority itself and its available property, income or other assets in accordance with the terms thereof of an evidence of indebtedness and of this section, and no individual liability shall attach exists for any official act done by any member of the authority. No such authority shall have any power whatsoever to may levy any tax or assessment.
(r) To provide by all means available under ss. 66.40 66.1201 to 66.404 66.1211 housing projects for veterans and their families regardless of their income. Such The projects shall not be are not subject to the limitations of s. 66.402 66.1205.
(s) Notwithstanding the provisions of any law in conflict herewith, the housing authority of any city is expressly authorized, to acquire sites, ; to prepare, to carry out, acquire, lease, construct and operate housing projects to provide temporary dwelling accommodations for families regardless of income who are displaced under ss. 66.40 66.1201 to 66.43, 66.1331; to further slum clearance, urban redevelopment, and blight elimination,; and to provide temporary dwelling accommodations for families displaced by reason of any street widening, expressway or other public works project causing the demolition of dwellings.
(t) To participate in an employe retirement or pension system of the city which has declared the need for the authority and to expend funds of the authority for such this purpose.
(u) Any 2 or more authorities may To join or cooperate with one another or more authorities in the exercise, either jointly or otherwise, of any or all of their powers for the purpose of financing (, including the issuance of bonds, notes or other obligations and giving security therefor) for these obligations, planning, undertaking, owning, constructing, operating or contracting with respect to a housing project located within the area of operation of any one or more of said the authorities. For such this purpose an authority may by resolution prescribe and authorize any other housing authority, so joining or cooperating with it, to act on its behalf with respect to any or all powers, as its agent or otherwise, in the name of the authority so joining or cooperating or in its own name.
(v) To establish a procedure for preservation of the preserving records of the authority by the use of microfilm, another reproductive device, optical imaging or electronic formatting if authorized under s. 19.21 (4) (c). Any such The procedure shall assure that copies of such records that are open to public inspection continue to be available to members of the public requesting them. A photographic reproduction of a record or copy of a record generated from optical disk or electronic storage is deemed the same as an original record for all purposes if it meets the applicable standards established in ss. 16.61 and 16.612.
(w) To exercise any powers of a redevelopment authority operating under s. 66.431 66.1333 if done in concert with a redevelopment authority under a contract under s. 66.30 66.0301.
(10) (a) The authority shall have the right to may acquire by eminent domain any real property, including fixtures and improvements, which it may deem deems necessary to carry out the purposes of ss. 66.40 66.1201 to 66.404 66.1211 after the adoption by it of a resolution declaring that the acquisition of the property described therein in the resolution is in the public interest and necessary for public use. The authority may exercise the power of eminent domain pursuant to ch. 32 or pursuant to any other applicable statutory provisions, now in force or hereafter enacted for the exercise of the power of eminent domain.
(b) (intro.) At any time at or after the filing for condemnation, and before the entry of final judgment, the authority may file with the clerk of the court in which the petition is filed, a declaration of taking signed by the duly authorized officer or agent of the authority declaring that all or any part of the property described in the petition is to be taken for the use of the authority. The declaration of taking shall be is sufficient if it sets forth all of the following:
1. A description of the property, sufficient for the identification thereof, to which there may be attached a plat or map thereof.
(c) From the filing of the said declaration of taking under par. (b) and the deposit in court to the use of the persons entitled thereto of the amount of the estimated compensation stated in said the declaration, title to the property specified in said the declaration shall vest vests in the authority and said the property shall be deemed to be is condemned and taken for the use of the authority and the right to just compensation for the same shall vest property vests in the persons entitled thereto to the compensation. Upon the filing of the declaration of taking the court shall designate a day (not exceeding 30 days after such the filing, except upon good cause shown) , on which the person in possession shall be required to surrender possession to the authority.
(d) The ultimate amount of compensation shall be vested vests in the manner provided by law. If the amount so vested shall exceed exceeds the amount so deposited in court by the authority, the court shall enter judgment against the authority in the amount of such the deficiency together with interest at the rate of 6 per cent % per year on such the deficiency from the date of the vesting of title to the date of the entry of the final judgment (subject , however, to abatement for use, income, rents or profits derived from such the property by the owner thereof subsequent to the vesting of title in the authority) and the. The court shall order the authority to deposit the amount of such the deficiency in court.
(e) At any time prior to before the vesting of title of property in the authority the authority may withdraw or dismiss its petition with respect to any and all of the property therein described in the petition.
(f) Upon vesting of title to any property in the authority, all the right, title and interest of all persons having an interest therein or lien thereupon, shall be in, or lien upon, the property are divested immediately and such these persons thereafter shall be are entitled only to receive compensation for such the property.
(g) Except as hereinabove provided in this subsection with reference to the declaration of taking, the proceedings shall be as is or may hereafter be provided by law for condemnation, and the deposit in court of the amount estimated by the authority upon a declaration of taking, shall be disbursed as is or may hereafter be provided by law for an award in condemnation proceedings.
(h) Property already devoted to a public use may be acquired, provided that no property belonging to any city or municipality or to any government may be acquired without its consent and that no property belonging to a public utility corporation may be acquired without the approval of the public service commission or other officer or tribunal, if any there be, having regulatory power over such the public utility corporation.
(11) Acquisition of land for government. The authority may acquire, by purchase or by the exercise of its power of eminent domain as aforesaid under sub. (10), any property, real or personal, for any housing project being constructed or operated by a government. The authority upon such terms and conditions, with or without consideration, as it shall determine, may convey title or deliver possession of such property so acquired or purchased to such the government for use in connection with such a housing project.
(13) (a) 1. (intro.) An authority shall have power to issue bonds from time to time in its discretion, for any of its corporate purposes. An authority may issue such types of any bonds as it may determine for its corporate purposes, including, without limiting the generality of the foregoing, bonds on which the principal and interest are payable by any of the following methods:
a. Exclusively from the income and revenues of the housing project financed with the proceeds of the bonds, or with those proceeds together with a grant from the federal government in aid of the project;.
b. Exclusively from the income and revenues of certain designated housing projects whether or not they were financed in whole or in part with the proceeds of such the bonds; or.
(b) Neither the commissioners of the authority nor any person executing the bonds shall be is liable personally on the bonds by reason of the their issuance thereof.
(c) The bonds and other obligations of the authority (and such bonds and obligations shall so state on their face) shall not be are not a debt of any city or municipality located within its boundaries or of the state and neither and this fact shall be stated on their face. Neither the state nor any such city or municipality shall be is liable thereon for the bonds or other obligations, nor in any event shall are they be payable out of any funds or properties other than those of the authority.
(14) (a) Bonds of an authority shall be authorized by its resolution and may be issued in one or more series and shall bear such any date or dates, mature at such any time or times, bear interest at such any rate or rates, be in such any denomination or denominations, be in the form of coupon bonds or of bonds registered under s. 67.09, carry such any conversion or registration privileges, have such any rank or priority, be executed in such any manner, be payable in such any medium of payment, at such any place or places, and be subject to such any terms of redemption, with or without premium, as such that the resolution, its trust indenture or mortgage may provide. Any bond reciting in substance that it has been issued by an authority to aid in financing a housing project to provide dwelling accommodations for persons of low income shall be conclusively deemed, in any suit, action or proceeding involving the validity or enforceability of such the bond or the security therefor for the bond, to have been issued for such a housing project of such character. Bonds of an authority are declared to be issued for an essential public and governmental purpose and to be are public instrumentalities and, together with interest thereon and income therefrom, shall be, are exempt from taxes.
(b) The bonds may be sold at public or private sale as the authority may provide provides. The bonds may be sold at such any price or prices as determined by the authority shall determine.
(d) The authority shall have power out of any funds available therefor to may purchase, out of available funds, any bonds issued by it at a price not more than the principal amount thereof of the bonds and the accrued interest; provided, however, that bonds. Bonds payable exclusively from the revenues of a designated project or projects shall be purchased only out of any such revenues available therefor for that purpose. All bonds so purchased shall be canceled. This paragraph shall does not apply to the redemption of bonds.
(e) Any provision of any law to the contrary notwithstanding, any bonds, interim certificates, or other obligations issued pursuant to ss. 66.40 66.1201 to 66.404 shall be 66.1211 are fully negotiable.
(15) Provisions of bonds, trust indentures, and mortgages. (intro.) In connection with the issuance of bonds or the incurring of any obligation under a lease and in order to secure the payment of such bonds or obligations, the authority shall have power may:
(a) To pledge Pledge by resolution, trust indenture, mortgage (, subject to the limitations hereinafter imposed in this subsection), or other contract all or any part of its rents, fees, or revenues.
(b) To covenant Covenant against mortgaging all or any part of its property, real or personal, then owned or thereafter acquired, or against permitting or suffering any lien thereon on its property.
(c) To covenant Covenant with respect to limitations on its right to sell, lease or otherwise dispose of any housing project or any part thereof of a housing project, or with respect to limitations on its right to undertake additional housing projects.
(d) To covenant Covenant against pledging all or any part of its rents, fees and revenues to which its right then exists or the right to which may thereafter come into existence or against permitting or suffering any lien thereon on its rents, fees and revenues.
(e) To provide Provide for the release of property, rents, fees and revenues from any pledge or mortgage, and to reserve rights and powers in, or the right to dispose of, property which is subject to a pledge or mortgage.
(f) To covenant Covenant as to the bonds to be issued pursuant to any resolution, trust indenture, mortgage or other instrument and as to the issuance of such bonds in escrow or otherwise, and as to the use and disposition of the proceeds thereof of the bonds.
(g) To provide Provide for the terms, form, registration, exchange, execution and authentication of bonds.
(h) To provide Provide for the replacement of lost, destroyed or mutilated bonds.
(i) To covenant Covenant that the authority warrants the title to the premises.
(j) To covenant Covenant as to the rents and fees to be charged, the amount to be raised each year or other period of time by rents, fees and other revenues and as to the use and disposition to be made thereof of the revenues.
(k) To covenant Covenant as to the use of any or all of its property, real or personal.
(L) (intro.) To create or to authorize the creation of Create special funds in which there shall be segregated segregate all of the following:
2. All of the The rents, fees and revenues of any a housing project or projects or parts thereof.
3. Any moneys held for the payment of the costs of operations and maintenance of any such housing projects or as a reserve for the meeting of contingencies in the operation and maintenance thereof of housing projects.
4. Any moneys held for the payment of the principal and interest on its bonds or the sums due under its leases or as a reserve for such the payments ; and.
(Lm) To covenant Covenant as to the use and disposal of the moneys held in funds created under par. (L).
(m) To redeem Redeem the bonds, and to covenant for their redemption and to provide the terms and conditions thereof of the bonds.
(n) To covenant Covenant against extending the time for the payment of its bonds or interest thereon, directly or indirectly, on the bonds by any means or in any manner.
(o) To prescribe Prescribe the procedure, if any, by which the terms of any contract with bondholders may be amended or abrogated, the amount of bonds the holders of which must consent thereto to a contract amendment or abrogation and the manner in which such consent may be given.
(p) To covenant Covenant as to the property maintenance of its property, the, replacement thereof, the and insurance to be carried thereon and the use and disposition of insurance moneys.
(q) To vest Vest in an obligee of the authority the right, in the event of the failure of the authority, if the authority fails to observe or perform any covenant on its part to be kept or performed, the right to cure any such default and to advance any moneys necessary for such that purpose, and the. The moneys so advanced may be made an additional obligation of the authority with such interest, security and priority as may be provided in any trust indenture, mortgage, lease or contract of the authority with reference thereto.
(r) To covenant Covenant and prescribe as to the events of default and terms and conditions upon which any or all of its bonds shall become or may be declared due before maturity and as to the terms and conditions upon which such the declaration and its consequences may be waived.
(s) To covenant Covenant as to the rights, liabilities, powers and duties arising upon the breach by it of any covenant, condition or obligation.
(t) To covenant Covenant to surrender possession of all or any part of any housing project or projects upon the happening of an event of a default, as defined in the contract, and to vest in an obligee the right to take possession and to use, operate, manage and control such housing projects or any part thereof, and to collect and receive all rents, fees and revenues arising therefrom from the housing projects in the same manner as the authority itself might do and to dispose of the moneys collected in accordance with the agreement of the authority with such the obligee.
(u) To vest Vest in a trust or trustees the right to enforce any covenant made to secure, to pay, or in relation to the bonds, to provide for the powers and duties of such a trustee or trustees, to limit liabilities thereof of a trustee and to provide the terms and conditions upon which the trustee or trustees or the holders of bonds bondholders or any proportion of them may enforce any such covenant.
(v) To make Make covenants other than and in addition to the covenants herein expressly authorized, of like or different character that are authorized in this subsection.
(w) To execute Execute all instruments that are necessary or convenient in the exercise of the its powers herein granted or in the performance of its covenants or duties, which may contain such covenants and provisions, in addition to those above specified as the government or any purchaser of the bonds of the authority may reasonably require.
(x) To make such Make covenants and to do any and all such acts and things as may be act necessary or convenient or desirable in order to secure its bonds, or, in the absolute discretion of the authority, that tend to make the bonds more marketable; notwithstanding that such covenants, acts or things may not be enumerated herein; it being the intention hereof to give the authority power to do all things in the issuance of bonds, in the provisions for their security that are not inconsistent with the constitution of the state and no consent or approval of any judge or court shall be required thereof; provided, however, that the authority shall have no power to. An authority may not mortgage all or any part of its property, real or personal, except as provided in sub. (16).
(16) (b) (intro.) In connection with any project financed in whole or in part, or otherwise aided by a government, whether through a donation of money or property, a loan, the insurance or guarantee of a loan, or otherwise, the authority shall also have power to may do any of the following:
1. Mortgage all or any part of its property, real or personal, then owned or thereafter acquired.
2. Grant security interests in its property, real or personal, then owned or thereafter acquired.
(17) Remedies of an obligee of authority. An obligee of the authority shall have the right in addition to all other rights which may be conferred on such obligee subject only to any contractual restrictions binding upon such obligee, subject to its contract, may do any of the following:
(a) By mandamus, suit, action or proceeding in law or equity, all of which may be joined in one action, to compel the authority, and the its commissioners, officers, agents or employes thereof to perform each and every term, provision and covenant contained in any contract of the authority, and to require the carrying out of any or all covenants and agreements of the authority and the fulfillment of all duties imposed upon the authority by ss. 66.40 66.1201 to 66.404 66.1211.
(b) By suit, action or proceeding in equity to enjoin any unlawful acts or things which may be unlawful, or the violation of any of the rights of such the obligee of the authority.
(c) By suit, action or proceeding in any court of competent jurisdiction to cause possession of any housing project or any part thereof of a housing project to be surrendered to any obligee having the right to such possession pursuant to any contract of the authority.