(4) Composition of commission. The commission shall be nonpartisan and composed of citizens residing in the municipality local governmental unit, including representatives of the clergy and minority groups, and the composition thereof, number and. The composition of the commission and the method of appointing and removing the commission members
thereof shall be determined by the governing body of the municipality local governmental unit creating or participating in the commission. Notwithstanding s. 59.10 (4) or 66.11 66.0501 (2), a member of such the local governmental unit's governing body may serve on the commission, except that a county board member in a county having a population over 500,000 may not accept compensation for serving on the commission. Of the persons first appointed, one-third shall hold office for one year, one-third for 2 years, and one-third for 3 years from the first day of February next following their appointment, and until their respective successors are appointed and qualified. All succeeding terms shall be for 3 years. Any vacancy shall be filled for the unexpired term in the same manner as original appointments. Every person appointed as a member of the commission shall take and file the official oath.
(7) Designation of commissions as cooperating agencies under federal law. (a) The commission may be the official agency of the municipality local governmental unit to accept assistance under title II of the federal economic opportunity act of 1964. No assistance shall be accepted with respect to any matter to which objection is made by the legislative body creating such the commission, but if the commission is established on an intergovernmental basis and such objection is made by any participating legislative body said, assistance may be accepted with the approval of a majority of the legislative bodies participating in such the commission.
(b) The commission may be the official agency of the municipality local governmental unit to accept assistance from the community relations service of the U.S. department of justice under title X of the federal civil rights act of 1964 to provide assistance to communities in resolving disputes, disagreements or difficulties relating to discriminatory practices based on sex, race, color or national origin which may impair the rights of persons in the municipality local governmental unit under the constitution or laws of the United States or which affect or may affect interstate commerce.
66.434 (title) of the statutes is repealed.
66.434 of the statutes is renumbered 46.30 (5) and amended to read:
46.30 (5) City, village or town assistance. A city, village or town may appropriate funds for promoting and assisting any a community action agency under s. 46.30.
66.435 of the statutes is renumbered 66.1337, and 66.1337 (2), (2m) (a) (intro.), 2. and 4. and (b) and (3) to (7), as renumbered, are amended to read:
66.1337 (2) Findings. It is hereby found and declared that there exists in municipalities of the state slum, blighted and deteriorated areas which constitute a serious and growing menace injurious to the public health, safety, morals and welfare of the residents of the state, and the findings and declarations made before August 3, 1955 in s. 66.43 (2) 66.1331 are in all respects affirmed and restated; that while certain. Certain slum, blighted or deteriorated areas, or portions thereof, may require acquisition and clearance, as provided in s. 66.43 66.1331, since the prevailing condition of decay may make impracticable the reclamation of the area by conservation or rehabilitation in such a manner that eliminates, remedies or prevents the conditions and evils hereinbefore enumerated may be eliminated, remedied or prevented, and to of these areas. To the extent feasible salvable slum and blighted areas should be conserved and rehabilitated through voluntary action and the regulatory process; and all. All acts and purposes provided for by this section are for and constitute public uses and are for and constitute public purposes, and that moneys. Moneys expended in connection with such powers under this section are declared to be for public purposes and to preserve the public interest, safety, health, morals and welfare. Any municipality in carrying out the provisions of this section shall afford maximum opportunity consistent with the sound needs of the municipality as a whole to the rehabilitation or redevelopment of areas by private enterprise.
(2m) (a) (intro.) "Rehabilitation or conservation work" may include includes any of the following:
2. Acquisition of real property and demolition, removal or rehabilitation of buildings and improvements thereon on the property 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.
4. The disposition, for uses in accordance with the objectives of the urban renewal project, of any property or part thereof acquired in the area of the project. The disposition shall be in the manner prescribed in this section for the disposition of property in a redevelopment project area.
(b) "Urban renewal project" may include includes 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 this purpose constituting a redevelopment project or any rehabilitation or conservation work, or any combination of such
the undertaking or work.
(3) Urban renewal projects. In addition to its authority under any other section, a A municipality is authorized to may plan and undertake urban renewal projects.
(4) Workable program. (a) 1. The governing body of the municipality, or such the public officer or public body as that it designates, including a housing authority organized and created under s. 66.40 66.1201, a redevelopment authority created under s. 66.431 66.1333 or a community development authority created under s. 66.4325, is authorized to 66.1335, may prepare a workable program for utilizing appropriate private and public resources to eliminate, and prevent the development or spread of, slums and urban blight and deterioration, to encourage needed urban rehabilitation, to provide for the redevelopment of blighted, deteriorated or slum areas, or to undertake those activities or other feasible activities that may be suitably employed to achieve the these objectives of such a program. The governing body may by resolution or ordinance provide the specific means by which a workable program can be effectuated and may confer upon its officers and employes the power required to carry out a program of rehabilitation and conservation for the restoration and removal of blighted, deteriorated or deteriorating areas. If a municipality finds that there exists in the municipality dwellings or other structures that are unfit for human habitation due to dilapidation, defects that increase the hazards of fire, accidents or other calamities, lack of ventilation, light or sanitary facilities or other conditions, rendering the dwellings or other structures unsanitary, dangerous or detrimental to the health, safety or morals, or otherwise inimical to the welfare of the residents of the municipality, the municipality may enact the resolutions or ordinances that it considers appropriate and effectual in order to prevent those conditions and may require or cause the repair, closing, demolition or removal of the dwellings or other structures. For the purposes of the resolutions or ordinances, a "dwelling"
2. In this subsection:
a. "Dwelling" means any building, structure or part of the building or structure that is used and occupied for human habitation or intended to be so used and includes any appurtenances belonging to it or usually enjoyed with it. The term "structure" also
b. "Structure" includes fences, garages, sheds, and any type of store or commercial, industrial or manufacturing building.
3. The ordinances or resolutions under subd. 1. shall require that, if there are reasonable grounds to believe that there has been a violation of the ordinances or resolutions, notice of the alleged violation shall be given to the alleged responsible person by appropriately designated public officers or employes of such the municipality. Every such notice shall be in writing; include a description of the real estate sufficient for identification; include a statement of the reason for issuance; specify a time for the performance of any act that the notice requires; and be served upon the alleged responsible person. The notice of violation is properly served on the person if a copy of it is delivered to the person personally; is left at the person's usual place of abode, in the presence of someone in the family of suitable age and discretion who shall be informed of the contents of the notice; is sent by registered mail or by certified mail with return receipt requested to the person's last-known address; or, if the registered or certified letter with the copy of the notice is returned showing the letter has not been delivered to the person, by posting a copy of the notice in a conspicuous place in or about the dwelling or other structure affected by the notice. Any
4. A person affected by such a notice under subd. 3. may request and shall be granted a hearing on the matter before a board or commission established by the governing body of such the municipality or before a local health officer. The person shall file in the office of the designated board or commission or the local health officer a written petition requesting the hearing and setting forth a statement of the grounds for it within 20 days after the day the notice was served. Within 10 days after receipt of the petition, the designated board or commission or the local health officer shall set a time and place for the hearing and shall give the petitioner written notice of it. At the hearing the petitioner shall have an opportunity to may be heard and to show cause why the notice should be modified or withdrawn. The hearing before the designated board or commission or the local health officer shall be commenced not later than 30 days after the date on which the petition was filed. Upon written application of the petitioner to the designated board or commission or the local health officer, the date of the hearing may be postponed for a reasonable time beyond the 30-day period, if, in the judgment of the board, commission or local health officer, the petitioner has submitted a good and sufficient reason for such a postponement. Any notice served under this section shall become becomes an order if a written petition for a hearing is not filed in the office of the designated board or commission or the local health officer within 20 days after such the notice is served. The designated board or commission or the local health officer may administer oaths and affirmations in connection with the conduct of any hearing held under this section.
5. After the hearing the designated board or commission or the local health officer shall sustain, modify or cancel the notice given under subd. 3., depending upon its findings as to whether the provisions of the resolutions or ordinances have been complied with. The designated board or commission or the local health officer may also modify any notice so as to authorize a variance from the provisions of the resolutions or ordinances when, because of special conditions, enforcement of the provisions of the resolutions or ordinances will result in practical difficulty or unnecessary hardship, if the intent of the resolutions or ordinances will be observed and public health and welfare secured. If the designated board or commission or the local health officer sustains or modifies the notice, the sustained or modified notice is an order, and the persons affected by the order shall comply with all provisions of the order within a reasonable period of time, as determined by the board, commission or local health officer. The proceedings at the hearing, including the findings and decisions of the board, commission or local health officer, shall be reduced to writing and entered as a matter of public record in the office of the board, commission or local health officer. The record shall also include a copy of every notice or order issued in connection with the matter. A copy of the written decision of the board, commission or local health officer shall then be served, in the same manner prescribed for service of notice under subd. 3., on the person who filed the petition for hearing.
6. If the local health officer finds that an emergency exists that requires immediate action to protect the public health, the local health officer may, without notice or hearing, issue an order reciting the existence of such an the emergency and requiring that action be taken that the local health officer determines is necessary to meet the emergency. This order shall be is effective immediately. Any person to whom the order is directed shall comply with it, but shall be afforded a hearing as specified in this section subsection if the person immediately files a written petition with the local health officer requesting the hearing. After the hearing, depending upon the findings of the local health officer as to whether an emergency still exists that requires immediate action to protect the public health, the local health officer shall continue the order in effect or modify or revoke it.
(b) Any A person aggrieved by the determination of any a board, commission or local health officer, following review of an order issued under this section
subsection, may appeal directly to the circuit court of the county in which the dwelling or other structure is located by filing a petition for review with the clerk of the circuit court within 30 days after a copy of the order of the board, commission or local health officer has been served upon the person. The petition shall state the substance of the order appealed from and the grounds upon which the person believes the order to be improper. A copy of the petition shall be served upon the board, commission or local health officer whose determination is appealed. The copy shall be served personally or by registered or certified mail within the 30-day period provided in this paragraph. A reply or answer shall be filed by the board, commission or local health officer within 15 days after the receipt of the petition. A copy of the written proceedings of the hearing held by the board, commission or local health officer which led to service of the order being appealed shall be included with the reply or answer when filed. If it appears to the court that the petition is filed for purposes of delay, the court shall, upon application of the municipality, promptly dismiss the petition. Either party to the proceedings may then petition the court for an immediate hearing on the order. The court shall review the order and the copy of written proceedings of the hearing conducted by the board, commission or local health officer, shall take testimony that the court determines is appropriate, and, following a hearing upon the order without a jury, shall make its determination. If the court affirms the determination made by the board, commission or local health officer, the court shall fix a time within which the order appealed from shall become becomes operative.
(5) General powers conferred upon municipalities. The governing body of any a municipality shall have and there is hereby expressly conferred upon it has all powers necessary and incidental to effect a program of urban renewal, including functions with respect to rehabilitation and conservation for the restoration and removal of blighted, deteriorated or deteriorating areas, and such the local governing body
is hereby authorized to may adopt such resolutions or ordinances as may be required for the purpose of carrying out that program and the objectives and purposes of this section. In connection with the planning, undertaking and financing of the urban renewal program or projects, the governing body of any municipality and all public officers, agencies and bodies shall have all the rights, powers, privileges and immunities which they have with respect to a redevelopment project under s. 66.43 66.1331.
(6) Assistance to urban renewal by municipalities and other public bodies. Any A public body is authorized to may 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.
(7) Powers herein granted to be supplemental and not in derogation. (a) Nothing in this section shall may be construed to abrogate or impair the powers of the courts or of any department of any municipality to enforce any provisions of its charter or its, ordinances or regulations, nor to prevent or punish violations thereof of its charter, ordinances or regulations.
(b) Nothing in this section shall may be construed to impair or limit in any way the power of the municipality to define and declare nuisances and to cause their removal or abatement, by summary proceedings or otherwise.
(c) The powers conferred by this section shall be
are in addition and supplemental to the powers conferred by any other law; and this. This section shall be construed liberally to effectuate the its purposes hereof and the its enumeration therein of specific powers shall does not operate to restrict the meaning of any general grant of power contained in this section or to exclude other powers comprehended in such the general grant.
66.436 of the statutes is renumbered 66.1339 and amended to read:
66.1339 Villages to have certain city powers. Villages shall have all of the powers of cities under ss. 66.395 66.1105, 66.1201 to 66.425, 66.43, 66.431, 66.4325, 66.435 and 66.46 66.1329 and 66.1331 to 66.1337.
66.437 of the statutes is renumbered 66.1341 and amended to read:
66.1341 Towns to have certain city powers. Towns shall have all of the powers of cities under ss.
66.40 to 66.425, 66.43, 66.431, 66.4325, 66.505 and 66.508 66.0923, 66.0925, 66.1201 to 66.1329 and 66.1331 to 66.1335, except the powers under s. 66.40 66.1201 (10) and any other powers that conflict with statutes relating to towns and town boards.
66.44 of the statutes is repealed.
Note: Repealed as no longer necessary. The section authorizes housing authorities to develop and administer housing projects to provide housing for persons and their families engaged in war industries or activities.
66.45 of the statutes is renumbered 66.0315 and amended to read:
66.0315 Municipal cooperation; federal rivers, harbors or water resources projects. Any A county, town, city or village acting under its powers and in conformity with state law may enter into an agreement with an agency of the federal government to cooperate in the construction, operation or maintenance of any federally authorized rivers, harbors or water resources management or control project or to assume any potential liability appurtenant to such a project and may do all things necessary to consummate the agreement. If such a project will affect more than one municipality, the municipalities affected may jointly enter into such an agreement under this section with an agency of the federal government carrying such any terms and provisions concerning the division of costs and responsibilities as may be
that are mutually agreed upon. The affected municipalities concerned may by agreement submit any determinations of the division of construction costs, responsibilities, or any other liabilities among them to an arbitration board. The determination of such a the arbitration board shall be final. This section shall not be construed as a grant or delegation of power or authority to any county, town, city, village or other local municipality to do any work in or place any structures in or on any navigable water except as it is otherwise expressly authorized by state law to do.
66.46 (title), (1) and (2) (intro.), (a) to (e) and (f) 1. (intro.) and a. to k. of the statutes are renumbered 66.1105 (title), (1) and (2) (intro.), (a) to (e) and (f) 1. (intro.) and a. to k., and 66.1105 (2) (a) 1. b., (e) and (f) 1. (intro.), b. and h., as renumbered, are amended to read:
66.1105 (2) (a) 1. b. An area which is predominantly open and which consists primarily of an abandoned highway corridor, as defined in s. 66.431 66.1333 (2m) (a), or that consists of land upon which buildings or structures have been demolished and which because of obsolete platting, diversity of ownership, deterioration of structures or of site improvements, or otherwise, substantially impairs or arrests the sound growth of the community.
(e) "Planning commission" means a plan commission created under s. 62.23, a board of public land commissioners if the city has no plan commission, or a city plan committee of the local legislative body, if the city has neither such a commission nor such a board.
(f) 1. (intro.) "Project costs" mean any expenditures made or estimated to be made or monetary obligations incurred or estimated to be incurred by the city which are listed in a project plan as costs of public works or improvements within a tax incremental district or, to the extent provided in subd. 1. k., without the district, plus any incidental costs incidental thereto, diminished by any income, special assessments, or other revenues, including user fees or charges, other than tax increments, received or reasonably expected to be received by the city in connection with the implementation of the plan. For any tax incremental district for which a project plan is approved on or after July 31, 1981, only a proportionate share of the costs permitted under this subdivision may be included as project costs to the extent that they benefit the tax incremental district. To the extent the costs benefit the municipality outside the tax incremental district, a proportionate share of the cost is not a project cost. The project costs "Project costs" include, but are not limited to:
b. Financing costs, including, but not limited to, all interest paid to holders of evidences of indebtedness issued to pay for project costs and any premium paid over the principal amount thereof of the obligations because of the redemption of such the obligations prior to maturity.
h. The amount of any contributions made under s. 66.431 66.1333 (13) in connection with the implementation of the project plan.
66.46 (2) (f) 2. and 3. and (g) to (m), (3) and (4) (intro.) and (a) to (gs) of the statutes are renumbered 66.1105 (2) (f) 2. and 3. and (g) to (m), (3) and (4) (intro.) and (a) to (gs), and 66.1105 (2) (i) and (j), (3) (a), (b), (e) and (f) and (4) (a), (b), (c), (e), (f) and (gm) 1. to 3. and 4. a. and b., as renumbered, are amended to read:
66.1105 (2) (i) "Tax increment" means that amount obtained by multiplying the total county, city, school and other local general property taxes levied on all taxable property within a tax incremental district in a year by a fraction having as a numerator the value increment for that year in such the district and as a denominator that year's equalized value of all taxable property in the district. In any year, a tax increment is "positive" if the value increment is positive; it is "negative" if the value increment is negative.
(j) "Tax incremental base" means the aggregate value, as equalized by the department of revenue, of all taxable property located within a tax incremental district on the date as of which such the district is created, determined as provided in sub. (5) (b). The base of districts created before October 1, 1980, shall exclude
does not include the value of property exempted under s. 70.111 (17).
(3) (a) Create tax incremental districts and to define the boundaries of such the districts;
(b) Cause project plans to be prepared, to approve such the plans, and to implement the provisions and effectuate the purposes of such the plans;
(e) Enter into any contracts or agreements, including agreements with bondholders, determined by the local legislative body to be necessary or convenient to implement the provisions and effectuate the purposes of project plans. Such The contracts or agreements may include conditions, restrictions, or covenants which either run with the land or which otherwise regulate the use of land.
(f) Designate, by ordinance or resolution, the local housing authority, the local redevelopmental authority, or both jointly, or the local community development authority, as agent of the city, to perform all acts, except the development of the master plan of the city, which are otherwise performed by the planning commission under this section and s. 66.435 66.1337.
(4) (a) Holding of a public hearing by the planning commission at which interested parties are afforded a reasonable opportunity to express their views on the proposed creation of a tax incremental district and the proposed boundaries thereof of the district. Notice of such the hearing shall be published as a class 2 notice, under ch. 985. Prior to such Before publication, a copy of the notice shall be sent by first class mail to the chief executive officer or administrator of all local governmental entities having the power to levy taxes on property located within the proposed district and to the school board of any school district which includes property located within the proposed district. For any a county with no chief executive officer or administrator, this notice shall be sent to the county board chairperson.
(b) Designation by the planning commission of the boundaries of a tax incremental district recommended by it to be created and submission of such the recommendation to the local legislative body.
(c) Identification of the specific property to be included under par. (gm) 4. as blighted or in need of rehabilitation or conservation work. Owners of the property identified shall be notified of the proposed finding and the date of the hearing to be held under par. (e) at least 15 days prior to the date of the hearing. In cities with a redevelopment authority under s. 66.431 66.1333, the notification required under this paragraph may be provided with the notice required under s. 66.431 66.1333 (6) (b) 3., if the notice is transmitted at least 15 days prior to the date of the hearing to be held under par. (e).
(e) At least 30 days before adopting a resolution under par. (gm), holding of a public hearing by the planning commission at which interested parties are afforded a reasonable opportunity to express their views on the proposed project plan. The hearing may be held in conjunction with the hearing provided for in par. (a). Notice of the hearing shall be published as a class 2 notice, under ch. 985. The notice shall include a statement advising that a copy of the proposed project plan will be provided on request. Prior to such Before publication, a copy of the notice shall be sent by 1st class mail to the chief executive officer or administrator of all local governmental entities having the power to levy taxes on property within the district and to the school board of any school district which includes property located within the proposed district. For any a county with no chief executive officer or administrator, this notice shall be sent to the county board chairperson.
(f) Adoption by the planning commission of a project plan for each tax incremental district and submission of the plan to the local legislative body. The plan shall include a statement listing the kind, number and location of all proposed public works or improvements within the district or, to the extent provided in sub. (2) (f) 1. k., outside the district, an economic feasibility study, a detailed list of estimated project costs, and a description of the methods of financing all estimated project costs and the time when the related costs or monetary obligations related thereto are to be incurred. The plan shall also include a map showing existing uses and conditions of real property in the district; a map showing proposed improvements and uses in the district; proposed changes of zoning ordinances, master plan, if any, map, building codes and city ordinances; a list of estimated nonproject costs; and a statement of the proposed method for the relocation of any persons to be displaced. The plan shall indicate how creation of the tax incremental district promotes the orderly development of the city. The city shall include in the plan an opinion of the city attorney or of an attorney retained by the city advising whether the plan is complete and complies with this section.
(gm) 1. Describes the boundaries, which may, but need not, be the same as those recommended by the planning commission, of a tax incremental district with sufficient definiteness to identify with ordinary and reasonable certainty the territory included therein in the district. The boundaries shall include only those whole units of property as are assessed for general property tax purposes. Property standing vacant for an entire 7-year period immediately preceding adoption of the resolution creating a tax incremental district may not comprise more than 25% of the area in the tax incremental district, unless the tax incremental district is suitable for industrial sites under subd. 4. a. and the local legislative body implements an approved project plan to promote industrial development within the meaning of s. 66.52 66.1101. In this subdivision, "vacant property" includes property where the fair market value or replacement cost value of structural improvements on the parcel is less than the fair market value of the land. In this subdivision, "vacant property" does not include property acquired by the local legislative body under ch. 32 or property included within the abandoned Park East freeway corridor or the abandoned Park West freeway corridor in Milwaukee county County.
2. Creates such the district as of a date therein provided in the resolution. If the resolution is adopted during the period between January 2 and September 30, then such the date shall be the next preceding January 1. If such the resolution is adopted during the period between October 1 and December 31, then such the date shall be the next subsequent January 1. If the resolution is adopted on January 1, the district shall have been
is created as of the date of the resolution on that January 1.
3. Assigns a name to such the district for identification purposes. The first such district created shall be known as "Tax Incremental District Number One, City of ....". Each subsequently created district shall be assigned the next consecutive number.
4. a. Not less than 50%, by area, of the real property within such the district is at least one of the following: a blighted area; in need of rehabilitation or conservation work, as defined in s. 66.435 66.1337 (2m) (b); or suitable for industrial sites within the meaning of s. 66.52 66.1101 and has been zoned for industrial use; and
b. The improvement of such the area is likely to enhance significantly the value of substantially all of the other real property in such the district. It shall is not be necessary to identify the specific parcels meeting such the criteria; and
66.46 (4) (h) 1. of the statutes, as affected by 1999 Wisconsin Act 9
, is renumbered 66.1105 (4) (h) 1. and amended to read:
66.1105 (4) (h) 1. Subject to subds. 2., 3. and 4., the planning commission may at any time, by resolution, adopt an amendment to a project plan, which. The amendment shall be is subject to approval by the local legislative body and approval of the amendment shall require requires the same findings as provided in par. (g). Any amendment to a project plan is also subject to review by a joint review board, acting under sub. (4m). Adoption of an amendment to a project plan shall be preceded by a public hearing held by the plan commission at which interested parties shall be afforded a reasonable opportunity to express their views on the amendment. Notice of the hearing shall be published as a class 2 notice, under ch. 985. The notice shall include a statement of the purpose and cost of the amendment and shall advise that a copy of the amendment will be provided on request. Prior to such Before publication, a copy of the notice shall be sent by 1st class mail to the chief executive officer or administrator of all local governmental entities having the power to levy taxes on property within the district and to the school board of any school district which includes property located within the proposed district. For any a county with no chief executive officer or administrator, this notice shall be sent to the county board chairperson.
66.46 (4) (h) 2. to 4., (i) and (k), (4m) and (5) (title) and (a) of the statutes, as affected by 1999 Wisconsin Act 9
, are renumbered 66.1105 (4) (h) 2. to 4., (i) and (k), (4m) and (5) (title) and (a).
66.46 (5) (b) of the statutes is renumbered 66.1105 (5) (b) and amended to read:
66.1105 (5) (b) Upon application in writing by the city clerk, in such a form as prescribed by the department of revenue may prescribe, the department shall determine according to its best judgment from all sources available to it the full aggregate value of the taxable property and, except as provided in par. (bm), of the city-owned property in the tax incremental district. The department shall certify this aggregate valuation to the city clerk, and the aggregate valuation shall constitute constitutes the tax incremental base of the tax incremental district. The city clerk shall complete these forms and submit the application on or before December 31 of the year the tax incremental district is created, as defined in sub. (4) (gm) 2.
66.46 (5) (be) to (cm) of the statutes, as affected by 1999 Wisconsin Act 9
, are renumbered 66.1105 (5) (be) to (cm).
66.46 (5) (d) to (g) and (6) (title), (a) and (am) 1. and 2. a. and b. of the statutes are renumbered 66.1105 (5) (d) to (g) and (6) (title), (a) and (am) 1. and 2. a. and b., and 66.1105 (5) (d) to (g) and (6) (a), as renumbered, are amended to read:
66.1105 (5) (d) The department of revenue shall may not certify the tax incremental base as provided in par. (b) until it determines that each of the procedures and documents required by sub. (4) (a), (b), (gm) or (h) and par. (b) has been timely completed and all notices required under sub. (4) (a), (b), (gm) or (h) timely given. The facts supporting any document adopted or action taken to comply with sub. (4) (a), (b), (gm) or (h) shall are not be subject to review by the department of revenue under this paragraph.
(e) It is a rebuttable presumption that any property within a tax incremental district acquired or leased as lessee by the city, or any agency or instrumentality thereof of the city, within the one year immediately preceding the date of the creation of such the district was so acquired or leased in contemplation of the creation of such the district. Such The presumption may be rebutted by the city with proof that such the property was so leased or acquired primarily for a purpose other than to reduce the tax incremental base. If such the presumption is not rebutted, in determining the tax incremental base of such the district, but for no other purpose, the taxable status of such the property shall be determined as though such if the lease or acquisition had not occurred.
(f) The city assessor shall identify upon the assessment roll returned and examined under s. 70.45 those parcels of property which are within each existing tax incremental district, specifying thereon the name of each district. A similar notation shall also appear on the tax roll made by the city clerk under s. 70.65.
(g) The department of revenue shall annually give notice to the designated finance officer of all governmental entities having the power to levy taxes on property within each district as to the equalized value of such
the property and the equalized value of the tax increment base. Such The notice shall also explain that the tax increment allocated to a city shall be paid to the city as provided under sub. (6) (b) from the taxes collected.
(6) (a) If the joint review board approves the creation of the tax incremental district under sub. (4m), positive tax increments with respect to a tax incremental district are allocated to the city which created the district for each year commencing after the date when a project plan is adopted under sub. (4) (g). The department of revenue shall may not authorize allocation of tax increments until it determines from timely evidence submitted by the city that each of the procedures and documents required under sub. (4) (d) to (f) have has been completed and all related notices given in a timely manner. The department of revenue may authorize allocation of tax increments for any tax incremental district only if the city clerk and assessor annually submit to the department all required information on or before the 2nd Monday in June. The facts supporting any document adopted or action taken to comply with sub. (4) (d) to (f) shall are not be subject to review by the department of revenue under this paragraph. Thereafter After the allocation of tax increments is authorized, the department of revenue shall annually authorize allocation of the tax increment to the city that created such a the district until the department of revenue receives a notice under sub. (8) and the notice has taken effect under sub. (8) (b), 27 years after the tax incremental district is created if the district is created before October 1, 1995, 38 years after the tax incremental district is created if the district is created before October 1, 1995, and the project plan is amended under sub. (4) (h) 3. or 23 years after the tax incremental district is created if the district is created after September 30, 1995, whichever is sooner.
66.46 (6) (am) 2. c., 3. and 4. and (b) to (dm) of the statutes, as affected by 1999 Wisconsin Act 9
, are renumbered 66.1105 (6) (am) 2. c., 3. and 4. and (b) to (dm).
66.46 (6) (e) 1. (intro.) and a. of the statutes are renumbered 66.1105 (6) (e) 1. (intro.) and a., and 66.1105 (6) (e) 1. (intro.), as renumbered, is amended to read:
66.1105 (6) (e) 1. (intro.) Before the date on which a tax incremental district terminates under sub. (7) (a), but not later than the date on which a tax incremental district terminates under sub. (7) (am), a planning commission may amend under sub. (4) (h) the project plan of such a the tax incremental district to allocate positive tax increments generated by that tax incremental district to another tax incremental district created by that planning commission if all of the following conditions are met:
66.46 (6) (e) 1. b. and c. and 2. of the statutes, as affected by 1999 Wisconsin Act 9
, are renumbered 66.1105 (6) (e) 1. b. and c. and 2.
66.46 (6) (e) 3. of the statutes is renumbered 66.1105 (6) (e) 3. and amended to read:
66.1105 (6) (e) 3. A project plan that is amended under sub. (4) (h) to authorize the allocation of positive tax increments under subd. 1. may authorize such an
the allocation for a period not to exceed 5 years, except that if the planning commission determines that the allocation may be needed for a period longer than 5 years, the planning commission may authorize such an the allocation for up to an additional 5 years if the project plan is amended under sub. (4) (h) during the 4th year of the allocation. In no case may positive tax increments under subd. 1. be allocated from one donor tax incremental district for a period longer than 10 years.
66.46 (7) (intro.) and (a) of the statutes are renumbered 66.1105 (7) (intro.) and (a) and amended to read:
66.1105 (7) Termination of tax incremental districts. (intro.) The existence of a A tax incremental district shall terminate terminates when the earlier of the following occurs:
(a) That time when the city has received aggregate tax increments with respect to such the district in an amount equal to the aggregate of all project costs under the project plan and any amendments to the project plan for such the district, except that this paragraph does not apply to a district whose positive tax increments have been allocated under sub. (6) (d), (dm) or (e) until the district to which the allocation is made has paid off the aggregate of all of its project costs under its project plan.
66.46 (7) (am) and (ar) of the statutes, as affected by 1999 Wisconsin Act 9
, are renumbered 66.1105 (7) (am) and (ar).
66.46 (7) (b) and (8) to (14) of the statutes are renumbered 66.1105 (7) (b) and (8) to (14), and 66.1105 (7) (b), (9) (a) (intro.), 4. to 7. and 9. and (b) 2. to 4. and 5. a. and b. and (10) (b), as renumbered, are amended to read:
66.1105 (7) (b) The local legislative body, by resolution, dissolves the district at which time the city shall become becomes liable for all unpaid project costs actually incurred which are not paid from the special fund under sub. (6) (c), except this paragraph does not make the city liable for any tax incremental bonds or notes issued.
(9) (a) (intro.) Payment of project costs may be made by any one or more of the following methods or any combination thereof:
4. Payment out of the proceeds of the sale of public improvement bonds issued by it under s. 66.059 66.0619;
5. Payment as provided under s. 66.54 66.0713 (2) (c), (d) (e) and (4) or 67.16;
6. Payment out of the proceeds of revenue bonds or notes issued by it under s. 66.066 66.0621;
7. Payment out of the proceeds of revenue bonds issued by it under s. 66.51 66.0913;