AB710, s. 370
22Section
370. 66.33 of the statutes is renumbered 281.695.
AB710, s. 371
23Section
371. 66.34 of the statutes is renumbered 92.115, and 92.115 (title), as
24renumbered, is amended to read:
AB710,248,25
2592.115 (title)
Soil Municipal soil conservation on private lands.
Note: The repealed section authorizes towns to levy special assessments
against lands or interests specially benefited by the town's removal and
disposition of dead animals under s. 60.23 (20), soil conservation work under s.
66.34 and snow removal under s. 86.105. Because of the nature of these
services, the special committee determined that the costs of the services, to the
extent not covered by other funding sources, are more appropriately funded by
special charges. See Section 170 of this bill.
AB710, s. 373
2Section
373. 66.35 of the statutes is renumbered 285.54.
AB710, s. 374
3Section
374
. 66.36 of the statutes is renumbered 281.59 (13f), and 281.59 (13f)
4(intro.) and (c) to (f), as renumbered, are amended to read:
AB710,249,105
281.59
(13f)
Municipal financing; clean water fund project costs funding of
6financial assistance. (intro.) Subject to the terms and conditions of its financial
7assistance agreement, a municipality may repay financial assistance costs received
8under from the clean water fund program under
ss. s. 281.58 and
281.59 under this
9section by any lawful method, including any one of the following methods or any
10combination
thereof of the methods:
AB710,249,1211
(c) Payment out of the proceeds of the sale of public improvement bonds issued
12by it under s.
66.059 66.0619.
AB710,249,1413
(d) Payment out of the proceeds of revenue obligations issued by it under s.
1466.066 66.0621.
AB710,249,1515
(e) Payment as provided under s.
66.54 (2) (c), (d) or (e) 66.0709.
AB710,249,1616
(f) Payment as provided under s.
66.076 (1) 66.0821 (2) (a) 1.
Note: It is the understanding and intent of the special committee on general
municipal law recodification that the list of financing methods that follows this
introductory clause is illustrative and not limiting.
AB710, s. 375
17Section
375. 66.365 of the statutes is renumbered 283.87 (4) and amended to
18read:
AB710,250,519
283.87
(4) Aids to municipalities; environmental damage compensation. The
20department
of natural resources may make grants to any county, city, village or town
1for the acquisition or development of recreational lands and facilities from moneys
2appropriated under s. 20.370 (2) (dv). Use and administration of the grant shall be
3consistent with any court order issued under
s. 283.87
sub. (3). A county, city, village
4or town which receives a grant under this section is not required to share in the cost
5of a project under this section.
Note: Repealed as obsolete. Section 66.37 authorizes a county, town, city or
village to provide a reward to a person who kills a pocket gopher, street gopher,
a black, brown, gray or Norway rat, a mole, a red or grey fox, a coyote, a wildcat
or a weasel.
AB710, s. 377
7Section
377. 66.375 of the statutes is renumbered 66.1015.
AB710, s. 378
8Section
378. 66.38 of the statutes is renumbered 62.237.
Note: Repealed as no longer necessary. Section 66.39 authorizes county
veterans' housing authorities and does not appear to be presently used.
Furthermore, the general housing authority law authorizes housing authorities
to undertake housing projects for veterans. See s. 66.1201 (9) (r) as
renumbered. [Current s. 66.04 (9) (r).] Subsection (1) of the repealed section is
made part of the general housing authority law. See Section 285 of this bill.
AB710, s. 380
10Section
380. 66.395 (title), (1) to (2m) and (3) (title) and (a) to (p) of the statutes
11are renumbered 66.1213 (title), (1) to (3) and (4) (title) and (a) to (p), and 66.1213 (2),
12(3) and (4) (a), (h) to (k), (L) 1. (intro.) and 2. and (m) to (o), as renumbered, are
13amended to read:
AB710,250,1914
66.1213
(2) Declaration of necessity. It is declared that the lack of housing
15facilities for elderly persons provided by private enterprise in certain areas creates
16a public necessity to establish
such safe and sanitary facilities for which public
17moneys may be spent and private property acquired. The legislature declares that
18to provide public housing for elderly persons is the performance of a governmental
19function of state concern.
AB710,251,4
1(3) Discrimination. Persons otherwise entitled to any right, benefit, facility or
2privilege under this section shall not
, with reference thereto, be denied them in any
3manner for any purpose nor be discriminated against because of sex, race, color,
4creed, sexual orientation or national origin.
AB710,251,6
5(4) (a) "Authority" or "housing authority" means any of the public corporations
6established pursuant to sub.
(4) (5).
AB710,251,77
(h) "Council" means the common council of
the
a city.
AB710,251,118
(i) "Elderly person" means a person who is 62 years of age or older on the date
9such on which the person intends to occupy the premises, or a family, the head of
10which, or that person's spouse, is
an elderly person as defined herein a person who
11is 62 years of age or older on the date of the intent to occupy the premises.
AB710,251,1412
(j) "Federal government" includes the United States of America
, the federal
13emergency administration of public works or and any agency
, or instrumentality,
14corporate or otherwise, of the United States of America.
AB710,251,1615
(k) "Government" includes the state and federal governments and any
16subdivision, agency or instrumentality
, corporate or otherwise
, of either of them.
AB710,251,2017
(L) 1. (intro.) "Housing projects"
include includes all real
property and personal
18property, building and improvements,
stores, offices, lands for farming and
19gardening, and community facilities acquired or constructed
or to be acquired or
20constructed pursuant to a single plan or undertaking to do any of the following:
AB710,252,321
2. "Housing project"
may also be applied to
includes the planning of buildings
22and improvements, the acquisition of property, the demolition of existing structures
23and the construction, reconstruction, alteration and repair of the improvements for
24the purpose of providing safe and sanitary housing for elderly persons and all other
25work in connection
therewith with housing for elderly persons. A project shall not
1be considered housing for the elderly unless it contains at least 8 new or rehabilitated
2living units which are specifically designed for the use and occupancy of persons 62
3years of age or over.
AB710,252,74
(m) "Mortgage" includes deeds of trust, mortgages, building and loan contracts,
5land contracts or other instruments conveying real or personal property as security
6for bonds and conferring a right to foreclose and cause a sale
thereof of the real
7property or personal property.
AB710,252,128
(n) "Obligee of the authority" or "obligee" includes any bondholder
, trustee or
9trustees for any bondholders, any lessor demising property to the authority used in
10connection with a housing project or any assignee
or assignees or such of the lessor's
11interest or any part
thereof of the lessor's interest, and the United States of America,
12when it is a party to any contract with the authority.
AB710,252,1613
(o) "Real property" includes lands, lands under water, structures, and any
and
14all easements, franchises and incorporeal hereditaments and every estate and right
15therein in an estate, legal and equitable, including terms for years and liens by way
16of judgment, mortgage or otherwise.
AB710, s. 381
17Section
381. 66.395 (3) (q) of the statutes is repealed.
Note: Repeals a provision that defines a state as the state of Wisconsin. The
provision is unnecessary.
AB710, s. 382
18Section
382. 66.395 (3) (r) and (s) and (4) to (7) of the statutes are renumbered
1966.1213 (4) (q) and (r) and (5) to (8), and 66.1213 (4) (q), (5) (a) and (c), (6), (7) (intro.)
20and (a) and (8), as renumbered, are amended to read:
AB710,252,2321
66.1213
(4) (q) "State public body" means any city, town,
incorporated village,
22county, municipal corporation, commission, district, authority, other subdivision or
23public body of the state.
AB710,253,6
1(5) (a) When the council
of a city by proper resolution declares at any time
2hereafter declares by resolution that there is need for an authority to function in the
3city, a public body corporate and politic shall then exist in the city and be known as
4the "housing authority" of the city.
Such The authority
shall then be authorized to 5may transact business and exercise any powers
herein granted to it
under this
6section.
AB710,253,167
(c) In any suit, action or proceeding involving the validity or enforcement of or
8relating to any contract of the authority, the authority shall be conclusively deemed
9to have become established and authorized to transact business and exercise its
10powers
hereunder under this section upon proof of the adoption of a resolution by the
11council declaring the need for the authority.
Such
The resolution
or resolutions shall
12be deemed is sufficient if it declares
that there is such the need for an authority and
13finds
in substantially the foregoing terms (no further detail being necessary) that
14either or both of the above enumerated conditions exist that the condition described
15in par. (b) exists in the city. A copy of
such
the resolution duly certified by the city
16clerk
shall be is admissible evidence in any suit, action or proceeding.
AB710,253,20
17(6) Section 66.40 66.1201 applies. The provisions of s.
66.40 66.1201 (5) to (24)
18(ag), (25) and (26)
shall apply to housing authorities and providing housing for
19elderly persons under this section without reference to the income of
such those 20persons.
AB710,253,24
21(7) Sections 66.401
66.1203 to 66.404 66.1211 apply. (intro.) The provisions of ss.
2266.401 66.1203 to
66.404 66.1211 shall apply to housing authorities and providing
23housing for elderly persons under this section without reference to the income of
such 24those persons, except as follows:
AB710,254,2
1(a) As set down by the federal housing authority in the case of housing projects
2to the financing or subsidizing of which it is a party
; or .
AB710,254,4
3(8) Not applicable to low-rental housing projects. This section
shall does 4not apply to projects required to provide low-rental housing only.
AB710, s. 383
5Section
383. 66.40 (title) of the statutes is renumbered 66.1201 (title).
AB710, s. 384
6Section
384. 66.40 (1) to (2m) and (3) (intro.) and (a) to (c) of the statutes are
7renumbered 66.1201 (1) to (2m) and (3) (intro.) and (a) to (c), and 66.1201 (1), (2), (2m)
8and (3) (intro.), (a) and (c), as renumbered, are amended to read:
AB710,254,109
66.1201
(1) Short title. Sections
66.40 66.1201 to
66.404 66.1211 may be
10referred to as the "Housing Authorities Law".
AB710,255,9
11(2) Finding and declaration of necessity. It is declared that there exist in the
12state insanitary or unsafe dwelling accommodations and that persons of low income
13are forced to reside in
such insanitary or unsafe accommodations; that within the
14state there is a shortage of safe or sanitary dwelling accommodations available at
15rents which persons of low income can afford and that
such these persons are forced
16to occupy overcrowded and congested dwelling accommodations; that the
aforesaid 17conditions
described in this subsection cause an increase in and spread of disease and
18crime and constitute a menace to the health, safety, morals and welfare of the
19residents of the state and impair economic values; that these conditions necessitate
20excessive and disproportionate expenditures of public funds for crime prevention
21and punishment, public health and safety, fire and accident protection, and other
22public services and facilities; that these slum areas cannot be cleared, nor can the
23shortage of safe and sanitary dwellings for persons of low income be relieved, through
24the operation of private enterprise, and that the construction of housing projects for
25persons of low income would, therefore, not be competitive with private enterprise;
1that the clearance, replanning and reconstruction of the areas in which insanitary
2or unsafe housing conditions exist and the providing of safe and sanitary dwelling
3accommodations for persons of low income are public uses and purposes for which
4public money may be spent and private property acquired and are governmental
5functions of state concern; that it is in the public interest that work on
such these 6projects be commenced as soon as possible in order to relieve unemployment which
7now constitutes an emergency; and the necessity in the public interest for the
8provisions
hereinafter enacted of this section, is declared as a matter of legislative
9determination.
AB710,255,13
10(2m) Discrimination. Persons otherwise entitled to any right, benefit, facility
11or privilege under ss.
66.40 66.1201 to
66.404 66.1211 shall not
, with reference
12thereto, be denied them in any manner for any purpose nor be discriminated against
13because of sex, race, color, creed, sexual orientation or national origin.
AB710,255,16
14(3) Definitions. (intro.)
The following terms, wherever used or referred to in
15ss. 66.40 to 66.404 shall have the following respective meanings
In ss. 66.1201 to
1666.1211, unless a different meaning clearly appears from the context:
AB710,255,2417
(a) "Area of operation" includes the city for which a housing authority is created
18and, the area within 5 miles of the territorial boundaries
thereof of the city but not
19beyond the county limits of the county in which
such
the city is located and
provided
20further that in the case of all cities the area of operation shall be limited to the area
21within the limits of
such the city unless the city
shall annex annexes the area of
22operation
, but the area of operation of a housing authority shall. "Area of operation"
23does not include any area which lies within the territorial boundaries of any city for
24which another housing authority is created by this section.
AB710,256,3
1(c) "Bonds"
shall mean means any bonds, interim certificates, notes,
2debentures or other obligations of the authority issued pursuant to ss.
66.40 66.1201 3to
66.404 66.1211.
AB710, s. 385
4Section
385. 66.40 (3) (d) of the statutes is repealed.
Note: Repeals a provision that defines a city to be a city. The provision is
unnecessary.
AB710, s. 386
5Section
386. 66.40 (3) (e) to (q) of the statutes are renumbered 66.1201 (3) (cm)
6to (o), and 66.1201 (3) (cm) to (n), as renumbered, are amended to read:
AB710,256,97
66.1201
(3) (cm) "City clerk" and "mayor"
shall mean the clerk and mayor,
8respectively, of the city or the officers
thereof
of the city charged with the duties
9customarily imposed on the clerk and mayor
, respectively.
AB710,256,1110
(d) "Commissioner"
shall mean means one of the members of an authority
11appointed in accordance with ss.
66.40 66.1201 to
66.404 66.1211.
AB710,256,1612
(e) "Community facilities"
shall include includes real and personal property,
13and buildings and equipment for recreational or social assemblies, for educational,
14health or welfare purposes and necessary utilities, when designed primarily for the
15benefit and use of the housing authority or the occupants of the dwelling
16accommodations, or for both.
AB710,256,1917
(f) "Contract"
shall mean means any agreement of an authority with or for the
18benefit of an obligee whether contained in a resolution, trust indenture, mortgage,
19lease, bond or other instrument.
AB710,256,2120
(g) "Council" means the
common council or other body charged with governing
21the a city.
AB710,257,3
1(h) "Federal government"
shall include
includes the United States of America
,
2the federal emergency administration of public works or and any agency
, or 3instrumentality, corporate or otherwise, of the United States of America.
AB710,257,54
(i) "Government" includes the state and federal governments and any
5subdivision, agency or instrumentality
, corporate or otherwise
, of either of them.
AB710,257,156
(j) "Housing projects"
shall include includes all real and personal property,
7building and improvements,
stores, offices, lands for farming and gardening, and
8community facilities acquired or constructed
or to be acquired or constructed 9pursuant to a single plan
or undertaking (a) either to demolish, clear, remove, alter
10or repair insanitary or unsafe housing
, or
(b) to provide safe and sanitary dwelling
11accommodations for persons of low income, or
for a combination of said (a) and (b).
12The term "housing project" may also be applied to both. "Housing projects" includes 13the planning of buildings and improvements, the acquisition of property, the
14demolition of existing structures, the construction, reconstruction, alteration and
15repair of the improvements and all other
related work
in connection therewith.
AB710,257,1916
(k) "Mortgage"
shall include includes deeds of trust, mortgages, building and
17loan contracts, land contracts or other instruments conveying real or personal
18property as security for bonds and conferring a right to foreclose and cause a sale
19thereof of the real property or personal property.
AB710,257,2520
(L) "Obligee of the authority" or "obligee"
shall include includes any
21bondholder, trustee or trustees for any bondholders, any lessor demising property to
22the authority used in connection with a housing project or any assignee
or assignees
23or such of the lessor's interest or any part
thereof of the lessor's interest, and the
24United States of America federal government, when it is a party to any contract with
25the authority.
AB710,258,4
1(m) "Persons of low income" means persons or families who lack the amount of
2income
which is necessary
(, as determined by the authority undertaking the housing
3project
), to enable them, without financial assistance, to live in decent, safe and
4sanitary dwellings, without overcrowding.
AB710,258,85
(n) "Real property"
shall include includes lands, lands under water, structures,
6and any
and all easements, franchises and incorporeal hereditaments and every
7estate and right
therein in an estate, legal and equitable, including terms for years
8and liens by way of judgment, mortgage or otherwise.
AB710, s. 387
9Section
387. 66.40 (3) (r) of the statutes is repealed.
Note: Repeals a provision that defines a state as the state of Wisconsin. The
provision is unnecessary.
AB710, s. 388
10Section
388. 66.40 (3) (s) and (t) and (4) to (26) of the statutes are renumbered
1166.1201 (3) (p) and (q) and (4) to (26), and 66.1201 (3) (p) and (q), (4) to (8), (9) (intro.),
12(a) to (f), (h) to (L) and (o) to (w), (10) (a), (b) (intro.) and 1. and (c) to (h), (11), (13) (a)
131. (intro.), a. and b., (b) and (c), (14) (a), (b), (d) and (e), (15) (intro.), (a) to (k), (L)
14(intro.) and 2. to 4. and (Lm) to (x), (16) (b) (intro.), 1. and 2., (17) to (22), (24) (a) and
15(b) (intro.), 1. and 2., (25) (a) to (f) and (h) and (26), as renumbered, are amended to
16read:
AB710,258,1917
66.1201
(3) (p) "State public body" means any city, town,
incorporated village,
18county, municipal corporation, commission, district, authority, other subdivision or
19public body of the state.
AB710,258,2120
(q) "Trust indenture"
shall include includes instruments pledging the revenues
21of real or personal properties.
AB710,259,4
22(4) Creation of housing authorities. (a) When
the a council
of a city by proper
23resolution shall declare at any time hereafter declares by resolution that there is
1need for an authority to function in the city, a public body corporate and politic
shall 2then
exist exists in the city and
shall be known as the "housing authority" of the city.
3Such The authority
shall may then
be authorized to transact business and exercise
4any powers
herein granted to it
under this section.
AB710,259,145
(b) The council shall adopt a resolution declaring that there is need for a
6housing authority in the city if
it shall find the council finds that insanitary or unsafe
7inhabited dwelling accommodations exist in the city or that there is a shortage of safe
8or sanitary dwelling accommodations in the city available to persons of low income
9at rentals they can afford. In determining whether dwelling accommodations are
10unsafe or insanitary
said the council may take into consideration the degree of
11overcrowding, the percentage of land coverage, the light, air, space and access
12available to the inhabitants of
such the dwelling accommodations, the size and
13arrangement of the rooms, the sanitary facilities, and the extent to which conditions
14exist in
such the buildings which endanger life or property by fire or other causes.
AB710,259,2415
(c) In any suit, action or proceeding involving the validity or enforcement of or
16relating to any contract of the authority, the authority shall be conclusively deemed
17to have become established and authorized to transact business and exercise its
18powers
hereunder under this section upon proof of the adoption of a resolution by the
19council declaring the need for the authority.
Such
The resolution
or resolutions shall
20be deemed is sufficient if it declares that there is
such a need for an authority and
21finds
in substantially the foregoing terms (no further detail being necessary) that
22either or both of the
above enumerated conditions
described in par. (b) exist in the
23city. A copy of
such the resolution duly certified by the city clerk
shall be is admissible
24evidence in any suit, action or proceeding.
AB710,260,10
1(5) Appointment, qualifications and tenure of commissioners. (a) When the
2council
of a city adopts a resolution under sub. (4), it shall promptly notify the mayor.
3Upon receiving
such the notice, the mayor shall, with the confirmation of the council,
4appoint 5 persons as commissioners of the authority, except that the mayor of a 1st
5class city that has created a housing authority before May 5, 1994, shall appoint 7
6commissioners, at least 2 of whom shall be residents of a housing project acquired
7or constructed by the authority. No commissioner may be connected in any official
8capacity with any political party nor
shall may more than 2 be officers of the city in
9which the authority is created. The powers of each authority shall be vested in the
10commissioners
thereof in office from time to time
of the authority.
AB710,260,2511
(b) The first 5 commissioners who are first appointed shall be designated by the
12mayor to serve for terms of 1, 2, 3, 4 and 5 years respectively from the date of their
13appointment and the 2 additional commissioners appointed by the mayor of a 1st
14class city under par. (a) shall be first appointed to terms of 3 and 5 years respectively.
15Thereafter, the term of office shall be 5 years. A commissioner shall hold office until
16his or her successor has been appointed and has qualified. Vacancies shall be filled
17for the unexpired term in the same manner as other appointments. Three
18commissioners
shall constitute a quorum, except that in an authority with 7
19commissioners, 4 commissioners
shall constitute a quorum. The mayor shall file
20with the city clerk a certificate of the appointment or reappointment of any
21commissioner and
such the certificate
shall be is conclusive evidence of the proper
22appointment of that commissioner if that commissioner has been confirmed under
23this paragraph and has taken and filed the official oath before entering office. The
24council of a city may pay commissioners a per diem and mileage and other necessary
25expenses incurred in the discharge of their duties at rates established by the council.
AB710,261,9
1(c) When the office of the first chairperson of the authority becomes vacant, the
2authority shall select a chairperson from among its members. An authority shall
3select from among its members a vice chairperson, and it may employ a secretary
(, 4who shall be executive director
), technical experts and
such other officers, agents and
5employes, permanent and temporary
, as it may require, and shall determine their
6qualifications, duties and compensation. An authority may call upon the city
7attorney or chief law officer of the city for
such legal services
as it may require. An
8authority may delegate to one or more of its agents or employes
such powers or duties
9as it may deem proper of the authority.
AB710,261,14
10(6) Duty of the authority and its commissioners. The authority and its
11commissioners shall
be under a statutory duty to comply or
to cause compliance
12strictly with all provisions of ss.
66.40 66.1201 to
66.404 and 66.1211, with the laws
13of the state and
in addition thereto, with each and every term, provision and
14covenant in with any contract of the authority
on its part to be kept or performed.
AB710,261,25
15(7) Interested commissioners or employes. No commissioner or employe of an
16authority
shall may acquire any
interest direct or indirect
interest in any housing
17project or in any property included
or planned to be included in any project or have
18any
interest direct or indirect
interest in any contract
or proposed contract for
19insurance, materials or services to be furnished or used in connection with any
20housing project. If
any a commissioner or employe of an authority owns or controls
21an interest a direct or indirect
interest in any property included
or planned to be
22included in any housing project, that person shall immediately disclose the
same 23interest in writing to the authority and
such the disclosure shall be entered upon the
24minutes of the authority. Failure to so disclose
such
the interest
shall constitute 25constitutes misconduct in office.
AB710,262,9
1(8) Removal of commissioners. For inefficiency or neglect of duty or
2misconduct in office, a commissioner of an authority may be removed by the mayor,
3but a commissioner
shall may be removed only after having been given a copy of the
4charges at least 10 days
prior to before the hearing
thereon on the charges and
had
5an opportunity to be heard in person or by counsel.
In the event of the removal of any
6commissioner If a commissioner is removed, a record of the proceedings, together
7with the charges and findings
thereon, shall be filed in the office of the city clerk.
8To the extent applicable, the provisions of s. 17.16 relating to removal for cause
shall 9apply to any
such removal.
AB710,262,14
10(9) Powers of authority. (intro.) An authority
shall constitute is a public body
11and a body corporate and politic, exercising public powers, and
having has all the
12powers necessary or convenient to carry out and effectuate the purposes and
13provisions of ss.
66.40 66.1201 to
66.404 66.1211, including the following powers in
14addition to others
herein granted
in this section:
AB710,262,1815
(a) Within its area of operation to prepare, carry out, acquire, lease and operate
16housing projects approved by the council; to provide for the construction,
17reconstruction, improvement, alteration or repair of any housing project or any part
18thereof of a housing project.
AB710,262,2319
(b) To take over by purchase, lease or otherwise any housing project undertaken
20by any government and located within the area of operation of the authority when
21approved by the council; to purchase, lease, obtain options upon, acquire by gift,
22grant, bequest, devise, or otherwise, any real or personal property or any interest
23therein in the real or personal property.
AB710,263,3
1(c) To act as agent for any government in connection with the acquisition,
2construction, operation or management of a housing project or any part
thereof of a
3housing project.
AB710,263,64
(d) To arrange or contract for the furnishing of services, privileges, works, or
5facilities for, or in connection with, a housing project or the occupants
thereof of a
6housing project.
AB710,263,107
(e) To lease or rent any dwellings, houses, accommodations, lands, buildings,
8structures or facilities embraced in any housing project and
(, subject to the
9limitations contained in this section
), to establish and revise the rents or charges
10therefor for the housing project.
AB710,263,1311
(f) Within its area of operation to investigate into living, dwelling and housing
12conditions and into the means and methods of improving
such those conditions; and
13to engage in research and studies on the subject of housing.
AB710,263,1514
(h) To acquire by eminent domain any real property, including improvements
15and fixtures
thereon on the real property.