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.
AB710,263,2116
(i) To own, hold, clear and improve property, to insure or provide for the
17insurance of the property or operations of the authority against
such any risks
as the
18authority may deem advisable, to procure insurance or guarantees from the federal
19government of the payment of any debts or parts
thereof of debts secured by
20mortgages made or held by the authority on any property included in any housing
21project.
AB710,263,2422
(j) To contract for sale and sell any part or all of the interest in real estate
23acquired and to execute
such contracts of sale and conveyances as the authority
may
24deem considers desirable.
AB710,264,2
1(k) In connection with any loan, to agree to limitations upon its right to dispose
2of any housing project or part
thereof of a housing project.
AB710,264,53
(L) In connection with any loan by a government, to agree to limitations upon
4the exercise of any powers conferred upon the authority by ss.
66.40 66.1201 to
566.404 66.1211.
AB710,264,86
(o) To make and
from time to time amend and repeal bylaws, rules and
7regulations not inconsistent with ss.
66.40 66.1201 to
66.404 66.1211, to carry into
8effect the powers and purposes of the authority.
AB710,264,129
(p) To exercise all or any part or combination of powers
herein granted
in this
10section. No provisions of law with respect to the acquisition or disposition of property
11by other public bodies
shall be are applicable to an authority unless
the legislature
12shall specifically so state otherwise provided.
AB710,264,2013
(q)
The To execute bonds, notes, debentures or other evidences of indebtedness
14which, when executed by a housing authority
shall not be, are not a debt or charge
15against any city, county, state or any other governmental authority, other than
16against the
housing authority itself and its available property, income or other assets
17in accordance with the terms
thereof of an evidence of indebtedness and of this
18section, and no individual liability
shall attach
exists for any official act done by any
19member of the authority. No
such authority
shall have any power whatsoever to may 20levy any tax or assessment.
AB710,264,2321
(r) To provide by all means available under ss.
66.40
66.1201 to
66.404 66.1211 22housing projects for veterans and their families regardless of their income.
Such The 23projects
shall not be are not subject to the limitations of s.
66.402 66.1205.
AB710,265,624
(s) Notwithstanding the provisions of any law
in conflict herewith, the housing
25authority of any city is expressly authorized, to acquire sites
,; to prepare,
to carry out,
1acquire, lease, construct and operate housing projects to provide temporary dwelling
2accommodations for families regardless of income who are displaced under ss.
66.40 366.1201 to
66.43, 66.1331; to further slum clearance, urban redevelopment
,
and 4blight elimination
,; and to provide temporary dwelling accommodations for families
5displaced by reason of any street widening, expressway or other public works project
6causing the demolition of dwellings.
AB710,265,97
(t) To participate in an employe retirement or pension system of the city which
8has declared the need for the authority and to expend funds of the authority for
such 9this purpose.
AB710,265,1910
(u)
Any 2 or more authorities may To join or cooperate with one
another or more
11authorities in the exercise, either jointly or otherwise, of any
or all of their powers
12for the purpose of financing
(, including the issuance of bonds, notes or other
13obligations and giving security
therefor) for these obligations, planning,
14undertaking, owning, constructing, operating or contracting with respect to a
15housing project located within the area of operation of any one or more of
said the 16authorities. For
such this purpose an authority may by resolution prescribe and
17authorize any other housing authority,
so joining or cooperating with it, to act on its
18behalf with respect to any
or all powers, as its agent or otherwise, in the name of the
19authority
so joining or cooperating or in its own name.
AB710,266,220
(v) To establish a procedure for
preservation of the
preserving records of the
21authority by the use of microfilm, another reproductive device, optical imaging or
22electronic formatting if authorized under s. 19.21 (4) (c).
Any such The procedure
23shall assure that copies of
such records that are open to public inspection continue
24to be available to members of the public requesting them. A photographic
25reproduction of a record or copy of a record generated from optical disk or electronic
1storage is deemed the same as an original record for all purposes if it meets the
2applicable standards established in ss. 16.61 and 16.612.
AB710,266,53
(w) To exercise any powers of a redevelopment authority operating under s.
466.431 66.1333 if done in concert with a redevelopment authority under a contract
5under s.
66.30 66.0301.
AB710,266,13
6(10) (a) The authority
shall have the right to may acquire by eminent domain
7any real property, including fixtures and improvements, which it
may deem deems 8necessary to carry out the purposes of ss.
66.40
66.1201 to
66.404 66.1211 after the
9adoption by it of a resolution declaring that the acquisition of the property described
10therein in the resolution is in the public interest and necessary for public use. The
11authority may exercise the power of eminent domain pursuant to ch. 32 or pursuant
12to any other applicable statutory provisions
, now in force or hereafter enacted for the
13exercise of the power of eminent domain.
AB710,266,1914
(b) (intro.) At any time at or after the filing for condemnation, and before the
15entry of final judgment, the authority may file with the clerk of the court in which
16the petition is filed
, a declaration of taking signed by the duly authorized officer or
17agent of the authority declaring that all or any part of the property described in the
18petition is to be taken for the use of the authority. The declaration of taking
shall be 19is sufficient if it sets forth all of the following:
AB710,266,2120
1. A description of the property
, sufficient for the identification thereof, to
21which there may be attached a plat or map thereof.
AB710,267,622
(c) From the filing of the
said declaration of taking
under par. (b) and the
23deposit in court
to the use of the persons entitled thereto of the amount of the
24estimated compensation stated in
said the declaration, title to the property specified
25in
said the declaration
shall vest vests in the authority and
said the property
shall
1be deemed to be is condemned and taken for the use of the authority and the right
2to just compensation for the
same shall vest property vests in the persons entitled
3thereto to the compensation. Upon the filing of the declaration of taking the court
4shall designate a day
(not exceeding 30 days after
such the filing, except upon good
5cause shown
), on which the person in possession shall
be required to surrender
6possession to the authority.
AB710,267,157
(d) The ultimate amount of compensation
shall be vested vests in the manner
8provided by law. If the amount
so vested
shall exceed exceeds the amount
so 9deposited in court by the authority, the court shall enter judgment against the
10authority in the amount of
such the deficiency together with interest at the rate of
116
per cent % per year on
such the deficiency from the date of the vesting of title to the
12date of the entry of the final judgment
(subject
, however, to abatement for use,
13income, rents or profits derived from
such the property by the owner
thereof 14subsequent to the vesting of title in the authority
) and the. The court shall order the
15authority to deposit the amount of
such the deficiency in court.
AB710,267,1816
(e) At any time
prior to before the vesting of title of property in the authority
17the authority may withdraw or dismiss its petition with respect to any
and all of the
18property
therein described
in the petition.
AB710,267,2219
(f) Upon vesting of title to any property in the authority, all the right, title and
20interest of all persons having an interest
therein or lien thereupon, shall be in, or lien
21upon, the property are divested immediately and
such these persons
thereafter shall
22be are entitled only to receive compensation for
such the property.
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(g) Except as
hereinabove provided
in this subsection with reference to the
24declaration of taking, the proceedings shall be as
is or may hereafter be provided by
25law for condemnation, and the deposit in court of the amount estimated by the
1authority upon a declaration of taking
, shall be disbursed as
is or may hereafter be 2provided by law for an award in condemnation proceedings.
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(h) Property already devoted to a public use may be acquired, provided that no
4property belonging to any
city or municipality or to any government may be acquired
5without its consent and that no property belonging to a public utility corporation may
6be acquired without the approval of the
public service commission or other officer or
7tribunal, if any
there be, having regulatory power over
such the public utility 8corporation.
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9(11) Acquisition of land for government. The authority may acquire
, by
10purchase or by the exercise of its power of eminent domain
as aforesaid under sub.
11(10), any property, real or personal, for any housing project being constructed or
12operated by a government. The authority upon such terms and conditions, with or
13without consideration, as it shall determine, may convey title or deliver possession
14of
such property so acquired or purchased to
such the government for use in
15connection with
such a housing project.
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16(13) (a) 1. (intro.)
An authority shall have power to issue bonds from time to
17time in its discretion, for any of its corporate purposes. An authority may issue
such
18types of any bonds
as it may determine for its corporate purposes, including
, without
19limiting the generality of the foregoing, bonds on which the principal and interest are
20payable
by any of the following methods:
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a. Exclusively from the income and revenues of the housing project financed
22with the proceeds of the bonds, or with those proceeds together with a grant from the
23federal government in aid of the project
;.
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1b. Exclusively from the income and revenues of certain designated housing
2projects whether or not they were financed in whole or in part with the proceeds of
3such the bonds
; or.
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(b) Neither the commissioners of the authority nor any person executing the
5bonds
shall be is liable personally on the bonds by reason of
the their issuance
6thereof.
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(c) The bonds and other obligations of the authority
(and such bonds and
8obligations shall so state on their face) shall not be are not a debt of any
city or 9municipality located within its boundaries or of the state
and neither and this fact
10shall be stated on their face. Neither the state nor any
such city or municipality
shall
11be is liable
thereon for the bonds or other obligations, nor
in any event shall are they
12be payable out of any funds or properties other than those of the authority.
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13(14) (a) Bonds of an authority shall be authorized by its resolution and may be
14issued in one or more series and shall bear
such
any date
or dates, mature at
such 15any time
or times, bear interest at
such any rate
or rates, be in
such any 16denomination
or denominations, be in the form of coupon bonds or of bonds
17registered under s. 67.09, carry
such any conversion or registration privileges, have
18such any rank or priority, be executed in
such any manner, be payable in
such any 19medium of payment, at
such any place
or places, and be subject to
such any terms
20of redemption, with or without premium,
as such that the resolution, its trust
21indenture or mortgage may provide. Any bond reciting in substance that it has been
22issued by an authority to aid in financing a housing project to provide dwelling
23accommodations for persons of low income shall be conclusively deemed, in any suit,
24action or proceeding involving the validity or enforceability of
such the bond or the
25security
therefor for the bond, to have been issued for
such a housing project
of such
1character. Bonds of an authority are
declared to be issued for an essential public and
2governmental purpose and
to be are public instrumentalities and, together with
3interest
thereon and income
therefrom, shall be, are exempt from taxes.
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(b) The bonds may be sold at public or private sale as the authority
may provide 5provides. The bonds may be sold at
such any price
or prices as determined by the
6authority
shall determine.
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(d) The authority
shall have power out of any funds available therefor to may 8purchase
, out of available funds, any bonds issued by it at a price not more than the
9principal amount
thereof of the bonds and the accrued interest
; provided, however,
10that bonds. Bonds payable exclusively from the revenues of a designated project or
11projects shall be purchased only out of any
such revenues available
therefor for that
12purpose. All bonds so purchased shall be canceled. This paragraph
shall does not
13apply to the redemption of bonds.
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(e) Any provision of any law to the contrary notwithstanding, any bonds,
15interim certificates, or other obligations issued pursuant to ss.
66.40 66.1201 to
1666.404 shall be 66.1211 are fully negotiable.
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17(15) Provisions of bonds, trust indentures, and mortgages. (intro.) In
18connection with the issuance of bonds or the incurring of any obligation under a lease
19and in order to secure the payment of
such bonds or obligations, the authority
shall
20have power may:
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(a)
To pledge Pledge by resolution, trust indenture, mortgage
(, subject to the
22limitations
hereinafter imposed in this subsection), or other contract
all or any
part 23of its rents, fees, or revenues.
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1(b)
To covenant Covenant against mortgaging
all or any
part of its property
, real
2or personal, then owned or thereafter acquired, or against permitting
or suffering 3any lien
thereon on its property.