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13(1) Adopt bylaws to govern the district's activities, subject to this subchapter.
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14(2) Sue and be sued in its own name, plead and be impleaded.
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15(3) Maintain an office.
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16(4) In connection with cultural arts facilities or in support of any cultural arts
17activity:
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(a) Acquire, construct, equip, maintain, improve, operate and manage the
19cultural arts facilities as a revenue-generating enterprise or otherwise, or engage
20other persons to do these things.
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(b) Acquire; lease, as lessor or lessee; use; or transfer property within or outside
22of the district's jurisdiction.
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(c) 1. If the district's sponsoring city is not a 1st class city, acquire property by
24condemnation, subject to the limits specified in the resolution under s. 229.842 (1)
25(c) or the ordinance or resolution under s. 229.846 (6).
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12. If the district's sponsoring city is a 1st class city, request the 1st class city's
2redevelopment authority, created under s. 66.431 (3) (a) 3., to condemn property on
3behalf of the district.
SB442-SSA1,19,84
(d) Enter into contracts, subject to such standards as may be established by the
5district board. The district board may award any such contract for any combination
6or division of work it designates and may consider any factors in awarding a contract,
7including price, time for completion of work and qualifications and past performance
8of a contractor.
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(e) Grant concessions.
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10(5) Employ personnel, and fix and regulate their compensation; and provide,
11either directly or subject to an agreement under s. 66.30 as a participant in a benefit
12plan of another governmental entity, other than a benefit plan provided under ch. 40,
13any employe benefits, including an employe pension plan.
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14(6) Purchase insurance, establish and administer a plan of self-insurance or,
15subject to an agreement with another governmental entity under s. 66.30,
16participate in a governmental plan of insurance or self-insurance, other than a plan
17provided under ch. 40.
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18(7) Mortgage, pledge or otherwise encumber the district's revenue, property or
19funds.
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20(8) (a) Issue revenue bonds under s. 66.066, subject to ss. 229.849 to 229.853,
21and enter into agreements related to the issuance of bonds by the district or, for
22purposes related to the district, by a community development authority created
23under s. 66.4325, including liquidity and credit facilities, remarketing agreements,
24insurance policies, guaranty agreements, letter of credit or reimbursement
1agreements, indexing agreements, interest exchange agreements and currency
2exchange agreements.
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(b) Contract short term obligations, and pledge the full faith and credit of the
4district for repayment of those obligations.
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(c) No director, employe of the district nor any other person executing any
6agreements with respect to any bonds or other obligations under this subsection is
7personally liable on the obligations subject to any personal liability or accountability
8by reason of the issuance of such obligations.
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9(9) Maintain funds and invest the funds in any investment that the district
10board considers appropriate.
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11(10) Promote, advertise and publicize its cultural arts facilities and related
12cultural arts activities.
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13(11) Set standards governing the use of, and the conduct within, its cultural
14arts facilities in order to promote public safety and convenience and to maintain
15order.
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16(12) Establish and collect fees, and establish shared revenue arrangements or
17other charges for the use of its cultural arts facilities or for services rendered by the
18district.
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19(13) Enter into partnerships, joint ventures, common ownership or other
20arrangements with other persons to further the district's purposes.
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21(14) Solicit and accept gifts, loans, grants of land or other property and other
22aid, and agree to conditions with respect to such gifts, loans, grants or other aid.
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23(15) Administer the receipt of revenues, and oversee the repayment of debt
24contracted by the district.
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25(16) Adopt and alter an official seal.
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1(17) Direct its agents or employes, if properly identified in writing, to enter
2upon any real property, that the district has the authority to condemn or that the
3redevelopment authority has the authority to condemn on behalf of the district, to
4make surveys and examinations before locating or constructing cultural arts
5facilities, without incurring liability by the district, its agents or employes except for
6actual damage done. Before directing anyone to enter real property under this
7subsection, the district shall give the owner and occupant of the property at least 5
8days' written notice. If the owner or occupant does not consent to the entry, the
9district may petition the circuit court for the county in which the property is located
10for an order permitting entry upon the property. The district shall serve a copy of the
11petition upon the owner and occupant. Before issuing an order, the court shall
12require the district to demonstrate the necessity of the entry and shall examine the
13reasonableness of the proposed scope, time, place and manner of the entry. The court
14may impose appropriate limitations upon the entry in its order.
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15(18) Provide money or other property, by sale, loan, lease, grant, gift or other
16form of transfer, to any other person.
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17229.845 Minority contracting goals. (1) In this section:
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(a) "Minority business" has the meaning given in s. 560.036 (1) (e).
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(b) "Women's business" means a sole proprietorship, partnership, joint venture,
20limited liability company or corporation that is at least 51% owned, controlled and
21actively managed by women.
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22(2) It shall be a goal of the district, in awarding construction work and
23professional services contracts related to cultural arts facilities, that at least 15% of
24the aggregate dollar value of such contracts awarded by the district shall be awarded
25to minority businesses and at least 5% of the aggregate dollar value of such contracts
1awarded by the district shall be awarded to women's businesses, except that if the
2sponsoring city is a 1st class city, it shall be a goal of the district, in awarding
3construction work and professional services contracts related to cultural arts
4facilities, that at least 25% of the aggregate dollar value of such contracts awarded
5by the district shall be awarded to minority businesses and at least 5% of the
6aggregate dollar value of such contracts awarded by the district shall be awarded to
7women's businesses.
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8229.846 Powers granted to a sponsoring city. In addition to any powers
9that it may otherwise have, a sponsoring city may do any of the following:
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10(1) Make grants, gifts or loans of any kind of property, or provide any other form
11of assistance, to a district upon terms that the sponsoring city considers appropriate.
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12(2) Expend public funds to subsidize a district.
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13(3) Borrow money under ss. 67.04 and 67.12 (12) for cultural arts facilities or
14to fund grants, loans or subsidies to a district.
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15(4) Audit the financial records of a district. The sponsoring city may conduct
16the audit itself or may contract for the audit to be performed by any other person.
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17(5) Fix and collect a sum to be paid annually, in lieu of property taxes, by the
18district except that the sum may not exceed the amount that would be levied by the
19city as a property tax on the property that is exempted under s. 70.11 (40).
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20(6) If the district's sponsoring city is not a 1st class city, enact an ordinance or
21adopt a resolution that expands or contracts the area within the district's jurisdiction
22in which the district board may exercise its power of eminent domain, except that a
23sponsoring city may not remove from that area any property that was included in the
24resolution under s. 229.842 (1) (c).
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1229.847 Dissolution of a district. Subject to providing for the payment of
2its bonds or other debts that it has incurred, including interest on the bonds or other
3debts, and the performance of its other contractual obligations, a district may be
4dissolved by one of the following methods:
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5(1) By a law enacted by this state.
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6(2) If the sponsoring city is not a 1st class city, by the unanimous action of the
7district board.
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8(3) If the sponsoring city is a 1st class city, by any means described in the initial
9resolution under which the 1st class city created the district.
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10229.848 Transfers; transfer agreements. (1) If a district is dissolved under
11s. 229.847, the property of the district shall be transferred either to the sponsoring
12city or to an entity described either in section 170 (c) (1) or in both sections
170 (c)
13(2) and
501 (c) (3) of the Internal Revenue Code. If the sponsoring city is a 1st class
14city, the specific entity to which the district's property shall be transferred upon
15dissolution shall be specified in the initial resolution under which the 1st class city
16created the district. If the sponsoring city is not a 1st class city, the district board
17shall determine the entity to which the district's property shall be transferred upon
18dissolution.
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19(2) A sponsoring city and a district board may enter into a transfer agreement
20to provide the terms and conditions upon which the sponsoring city or the district
21board may transfer any interests in an existing or proposed cultural arts facility, or
22any other property interests owned by either party, to the other party to the
23agreement. A transfer may take the form of a sale, lease, or other conveyance and
24may be with or without financial consideration.
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1229.849 District bonds and debt not public debt. (1) Neither the state nor
2the sponsoring city is liable on bonds or other debt of the district and the bonds and
3other debt of the district are not a debt of the state or the sponsoring city. All bonds
4and other debt of the district shall contain on the face of the bond or the debt
5instrument a statement to this effect. The issuance of bonds or the incurrence of
6other debt by the district shall not, directly or indirectly or contingently, obligate the
7state or the sponsoring city to levy any form of taxation therefor or to make any
8appropriation for the payment of the bonds or other debt.
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9(2) Nothing in this subchapter authorizes the district to create a debt of the
10state or the sponsoring city, and all bonds issued by the district and all other debt
11incurred by the district are payable, and shall state that they are payable, solely from
12the funds pledged for their payment in accordance with the resolution authorizing
13their issuance or incurrence or in any trust indenture or mortgage or deed of trust
14executed as security for the bonds or other debt. Neither the state nor the sponsoring
15city shall in any event be liable for the payment of the principal of or interest on any
16bonds or other debt of the district or for the performance of any pledge, mortgage,
17obligation or agreement that may be undertaken by the district. No breach of any
18such pledge, mortgage, obligation or agreement may impose any pecuniary liability
19upon the state or the sponsoring city or any charge upon the state's or the sponsoring
20city's general credit or against the state's or the sponsoring city's taxing power.
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21229.850 Special fund for payment of principal and interest costs on
22certain bonds. The district may maintain a special fund into which it deposits any
23income or property of the district that is used for the payment of principal and
24interest costs of bonds issued by the district or by a community development
25authority created under s. 66.4325 for purposes related to the district.
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1229.851 State pledge. The state pledges to and agrees with the holders of any
2bond issued by the district or other debt incurred by the district, and with those
3parties who may enter into contracts with the district, that the state will not limit
4or alter the rights vested in the district by this subchapter until such bonds or other
5debt, together with the interest on the bonds and other debt, are fully met and
6discharged and such contracts are fully performed on the part of the district, but
7nothing shall preclude such a limitation or alteration if adequate provision is made
8by law for the protection of the holders of such bonds or other debt or those entering
9into such contracts.
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10229.852 Pledge of revenues. A district may pledge the revenues derived, or
11to be derived, from any cultural arts facility for any of the following purposes:
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12(1) The payment of administrative costs and expenses of the district.
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13(2) The payment of the principal of, the premium on, if any, and the interest
14on outstanding bonds and other debt of the district.
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15(3) The creation and maintenance of a special fund or reserves with respect to
16bonds issued by the district.
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17229.853 Trust funds. All moneys received by the district under this
18subchapter, whether as proceeds from the issuance of bonds or the incurrence of
19other debt or as revenues, shall be considered to be trust funds to be held and applied
20solely as provided in this subchapter. Any officer with whom, or any bank or trust
21company with which, the moneys are deposited shall act as trustee of the moneys and
22shall hold and apply the same for the purposes of this subchapter, subject to such
23regulations as this subchapter and any bond resolution or debt agreement
24authorizing the bonds or debt may provide.
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1229.854 Sponsoring city employment regulations. Any ordinance of a
2sponsoring city that regulates employment relations or practices of all private
3employers, generally, shall apply to employes of the district, unless the sponsoring
4city's common council excludes the application of such an ordinance to the district's
5employes.
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230.03
(3) "Agency" means any board, commission, committee, council or
8department in
the state
government or
a unit thereof created by the constitution or
9statutes if such board, commission, committee, council, department, unit or the head
10thereof, is authorized to appoint subordinate staff by the constitution or statute,
11except a legislative or judicial board, commission, committee, council, department or
12unit thereof or an authority created under ch. 231, 232, 233, 234 or 235.
"Agency"
13does not mean any local unit of government or body within one or more local units
14of government that is created by law or by action of one or more local units of
15government.
SB442-SSA1,26,1917
(1)
Income and franchise tax exemptions. The treatment of sections 71.05 (1)
18(c) 6., 71.26 (1) (bm) and (1m) (g), 71.36 (1m) and 71.45 (1t) (g) of the statutes first
19applies to taxable years beginning on January 1, 2000.
SB442-SSA1,26,2120
(2)
Property tax exemption. The treatment of section 70.11 (40) of the statutes
21first applies to the property tax assessments as of January 1, 2000.
SB442-SSA1, s. 36
22Section
36.
Effective dates. This act takes effect on the day after publication,
23except as follows:
SB442-SSA1,26,2524
(1)
Sales tax exemption. The treatment of section 77.54 (9a) (h) of the statutes
25takes effect on first day of the 2nd month beginning after publication.
SB442-SSA1,27,3
1(2)
Definition of employer under the Wisconsin retirement system. The
2repeal and recreation of section 40.02 (28) of the statutes takes effect on January 1,
32010.