AB710,412,12
8(2) For financing purposes, the purchase, reservation and development of
9industrial sites undertaken by
any a city, village or town is a public utility within the
10meaning of s.
66.066 66.0621. In financing under that section, rentals and fees
shall
11be are considered
as to be revenue. Any indebtedness created
hereunder
under this
12section shall not be included in arriving at the constitutional debt limitation.
AB710,412,17
13(3) Sites purchased for industrial development under this section or
pursuant
14to under any other authority may be developed by the city, village or town by the
15installation of utilities and roadways but not by the construction of buildings or
16structures.
Any such The sites may be sold or leased for industrial purposes but only
17for a fair consideration to be determined by the governing body.
AB710, s. 495
18Section
495. 66.521 (title) and (1) to (6) of the statutes are renumbered 66.1103
19(title) and (1) to (6), and 66.1103 (1) (a), (2) (d), (f) to (h), (k) 1., 4., 11. and 20. and (L),
20(3) (intro.), (b) 1. and 2., (d), (e) and (f), (4) (a) (intro.) and (c) to (f), (4m) (c), (5) (a),
21(b) (intro.) and 1. to 5. and (c) to (f) and (6) (a) and (b), as renumbered, are amended
22to read:
AB710,413,2423
66.1103
(1) (a) It is found and declared that industries located in this state have
24been induced to move their operations in whole or in part to, or to expand their
25operations in, other states to the detriment of state, county and municipal revenue
1raising through the loss or reduction of income and franchise taxes, real estate and
2other local taxes
, and thereby causing an increase in unemployment; that such
3conditions now exist in certain areas of the state and may well arise in other areas;
4that economic insecurity due to unemployment is a serious menace to the general
5welfare of not only the people of the affected areas but of the people of the entire state;
6that unemployment results in obligations to grant public assistance and in the
7payment of unemployment insurance; that the absence of new economic
8opportunities has caused workers and their families to migrate elsewhere to find
9work and establish homes, which has resulted in a reduction of the tax base of
10counties, cities and other local governmental jurisdictions impairing their financial
11ability to support education and other local governmental services; that security
12against unemployment and the preservation and enhancement of the tax base can
13best be provided by the promotion, attraction, stimulation, rehabilitation and
14revitalization of commerce, industry and manufacturing;
and that there is a need to
15stimulate a larger flow of private investment funds from banks, investment houses,
16insurance companies and other financial institutions. It is therefore
declared to be 17the policy of this state to promote the right to gainful employment, business
18opportunities and general welfare of
the its inhabitants
thereof and to preserve and
19enhance the tax base by authorizing municipalities to acquire industrial buildings
20and to finance
such the acquisition through the issuance of revenue bonds for the
21purpose of fulfilling the aims of this section
and such
. These purposes are
hereby 22declared to be public purposes for which public money may be spent and the necessity
23in the public interest for the provisions
herein enacted of this section is declared a
24matter of legislative determination.
AB710,414,5
1(2) (d) "Equip" means to install or place on or in any building or improvements
2or the site
thereof of the building or improvements equipment of any kind, including
,
3without limiting the generality of the foregoing, machinery, utility service
4connections, pollution control facilities, building service equipment, fixtures,
5heating equipment and air conditioning equipment.
AB710,414,136
(f) "Improve", "improving", "improvements" and "facilities" embrace any real
7or personal property or mixed property
of any kind of whatever useful life that can
8be used or that will be useful in an industrial project including
, but not limited to, 9sites for buildings, equipment or other improvements, rights-of-way, roads, streets,
10sidings, foundations, tanks, structures, pipes, pipelines, reservoirs, lagoons,
11utilities, materials, equipment, fixtures, machinery, furniture, furnishings,
12improvements, instrumentalities, pollution control facilities, and other real,
13personal or mixed property
of every kind.
AB710,414,1914
(g) "Indenture" means an instrument under which bonds may be issued and the
15rights and security of the bondholders are defined, whether
such the instrument is
16in the form of an indenture of trust, deed of trust, resolution of the governing body,
17mortgage, security agreement, instrument of pledge or assignment or any similar
18instrument or any combination of
the foregoing these forms and whether or not
such 19the instrument creates a lien on property.
AB710,414,2320
(h) "Initial resolution" means a resolution of the governing body expressing an
21intention, which may be subject to conditions
therein stated
in the resolution, to
22issue revenue bonds under this section in an amount stated, or a sum not to exceed
23a stated amount, on behalf of a specified eligible participant, for a stated purpose.
AB710,415,224
(k) 1. Assembling, fabricating, manufacturing, mixing or processing facilities
25for any products of agriculture, forestry, mining or manufacture, even though
such
1the products may require further treatment before delivery to the ultimate
2consumer;
AB710,415,43
4. Pollution control facilities, including any
connected environmental studies
4and monitoring systems
connected therewith;
AB710,415,65
11. Recreational facilities, convention centers and trade centers, as well as
6related hotels, motels or marinas
related thereto;
AB710,415,117
20. A shopping center, or an office building, convention or trade center, hotel,
8motel or other nonresidential facility, which is located in or adjacent to a blighted
9area as defined by s.
66.43 66.1105 (2) (a), 66.1331 (3) (a)
, 66.431 or 66.1333 (2m) (b)
10or 66.46 (2) (a) or in accordance with a redevelopment plan or urban renewal plan
11adopted under s.
66.43 66.1331 (5) or
66.431 66.1333 (6).
AB710,415,1712
(L) "Revenue agreement" includes any lease, sublease, instalment or direct
13sales contract, service contract, take or pay contract, loan agreement or similar
14agreement
wherein providing that an eligible participant agrees to pay the
15municipality an amount of funds sufficient to provide for the prompt payment of the
16principal of, and interest on, the revenue bonds and agrees to
cause construct the
17project
to be constructed.
AB710,415,18
18(3) Powers. (intro.)
Any A municipality may:
AB710,415,2319
(b) 1. To finance all or
any part of the costs of the construction, equipping,
20reequipping, acquisition, purchase, installation, reconstruction, rebuilding,
21rehabilitation, improving, supplementing, replacing, maintaining, repairing,
22enlarging, extending or remodeling of industrial projects and the improvement of
23sites
therefor for industrial projects;
AB710,416,3
12. To fund the whole or
any part of any revenue bonds
theretofore issued by
such 2the municipality, including any premium payable with respect
thereto to the bonds 3and any interest accrued or to accrue
thereon on the bonds; or
AB710,416,84
(d) Mortgage all or
any part of the industrial project or assign the revenue
5agreements in favor of the holders of the bonds issued
therefor for the industrial
6project and in connection
therewith may with the mortgage or assignment 7irrevocably waive any rights it would otherwise have to redeem the mortgaged
8premises in the event of foreclosure.
AB710,416,139
(e) Sell and convey the industrial project and site, including without limitation
10the sale and conveyance
thereof subject to a mortgage, for
such the price and at
such 11the time
as that the governing body determines, but no sale or conveyance of any
12industrial project or site
shall may be made
in any manner as to impair that impairs 13the rights or interests of the holders of any bonds issued for the industrial project.
AB710,416,2414
(f) Finance an industrial project which is located entirely within the geographic
15limits of the municipality or some contiguous part of which is located within and
16some contiguous part outside the geographic limits of the municipality; or, finance
17an industrial project which is located entirely outside the geographic limits of the
18municipality, but only if the revenue agreement
with respect to such for the project
19also relates to another project of the same eligible participant
some, part of which is
20located within
such the geographic limits
. Exercise of the of the municipality. The 21power granted by this
subsection shall not give rise to any paragraph does not
22include the power
on the part of such municipality to annex, tax, zone or exercise any
23other municipal power with respect to that part of
such the project located outside
24of the geographic limits of
such the municipality.
AB710,417,16
1(4) (a) (intro.)
All bonds
Bonds issued by a municipality under
the authority
2of this section
shall be are limited obligations of the municipality. The principal of
3and interest on
such the bonds
shall be are payable solely out of the revenues derived
4pursuant to under the revenue agreement pertaining to the project to be financed by
5the bonds
so issued under this section, or,
in the event of if there is a default of
such 6the agreement and to the extent that the municipality
so provides in the proceedings
7of the governing body
whereunder authorizing the bonds
are authorized to be issued,
8out of any revenues derived from the sale, releasing or other disposition of the
9project, or out of any collateral securing the revenue agreement, or out of the
10proceeds of the sale of bonds. Bonds and interest coupons issued under this section
11do are not
constitute an indebtedness of the municipality, within the meaning of any
12state constitutional provision or statutory limitation. Bonds and interest coupons
13issued under this section
do are not
constitute nor give rise to a charge against the
14municipality's general credit or taxing powers or a pecuniary liability of the
15municipality or a redevelopment authority under s.
66.431 66.1333, including but
16not limited to:
AB710,417,2517
(c) The bonds may be executed and delivered at any time; be in
such the form
18and denominations, without limitation as to the denomination of any bond, any other
19law to the contrary notwithstanding; be registered under s. 67.09; be payable in one
20or more instalments and at such time, not exceeding 35 years from their date; be
21payable
prior to before maturity on
such the terms and conditions; be payable both
22with respect to principal and interest at
such the place in or out of this state; bear
23interest at
such the rate, either fixed or variable in accordance with
such the formula;
24be evidenced in
such the manner; and may contain other provisions not inconsistent
25with this section
, as specified by the governing body.
AB710,418,6
1(d) Unless otherwise expressly or implicitly provided in the proceedings of the
2governing body
whereunder authorizing the bonds
are authorized to be issued, bonds
3issued under this section
shall be are subject to the general provisions of law, not
4inconsistent with this section,
presently existing or that may hereafter be enacted, 5respecting the authorization, execution and delivery of the bonds of
such the 6municipality.
AB710,418,127
(e)
Any bonds, Bonds issued under
the authority of this section
, may be sold at
8public or private sale in
such the manner, at
such the price and at
such the time
as
9may be determined by the governing body. The municipality may pay all expenses,
10premiums and commissions which the governing body
may deem considers 11necessary or advantageous in connection with the authorization, sale and issuance
12thereof of the bonds.
AB710,418,1513
(f) All bonds
, issued under the authority of this section
, and all interest coupons
14applicable
thereto, shall be construed to be to the bonds, are negotiable instruments,
15even though they are payable solely from a specified source.
AB710,418,18
16(4m) (c) Nothing in this subsection
may be deemed to require requires a person
17with whom a municipality has entered into a revenue agreement to satisfy an
18estimate under par. (a) 2.
AB710,418,22
19(5) (a) The principal of, and interest on, any bonds issued under
authority of 20this section shall be secured by a pledge of the revenues out of which
such the bonds
21shall be are made payable.
They The bonds may, but need not, be secured by any one
22or more of the following:
AB710,418,2423
1. A real estate mortgage or a security interest covering all or any part of the
24project from which the revenues so pledged may be derived
;
.
AB710,418,2525
2. A pledge of the revenue agreement; or
AB710,419,2
13. An assignment of the revenue agreement and any security given
therefor for
2the revenue agreement.
AB710,419,63
(b) (intro.) The proceedings under which the bonds are authorized to be issued
4under this section, and any indenture given to secure the
same bonds, may contain
5any agreements and provisions customarily contained in instruments securing
6bonds, including, but not limited to:
AB710,419,97
1. Provisions respecting custody of the proceeds from the sale of the bonds
8including their investment and reinvestment until used to defray the cost of the
9project
;.
AB710,419,1210
2. Provisions respecting the fixing and collection of the proceeds under the
11revenue agreement pertaining to any project covered by
such the proceedings or
12indenture
;.
AB710,419,1413
3. The terms to be incorporated in the revenue agreement pertaining to
such 14the project
;.
AB710,419,1515
4. The maintenance and insurance of
such the project
;.
AB710,419,1716
5. The creation, maintenance, custody, investment and reinvestment and use
17of special funds from the revenues of
such the project
; and.
AB710,420,1018
(c) A municipality may provide that proceeds from the sale of bonds and special
19funds from the revenues of the project and any funds held in reserve or debt service
20funds shall be invested and reinvested in
such securities and other investments as
21are provided in the proceedings under which the bonds are authorized to be issued.
22The municipality may also provide that
such the proceeds or funds or investments
23and the revenues derived pursuant to the revenue agreement shall be received, held
24and disbursed by one or more banks or trust companies located in or out of this state.
25A municipality may also provide that the project and improvements shall be
1constructed or installed by the municipality, the eligible participant or the eligible
2participant's designee or any one or more of them on real estate owned by the
3municipality, the eligible participant or the eligible participant's designee and that
4the bond proceeds shall be disbursed by the trustee bank or trust company during
5construction upon the estimate, order or certificate of the eligible participant or the
6eligible participant's designee. In making
such agreements or provisions
under this
7paragraph, a municipality
shall may not obligate itself, except with respect to the
8project and the application of the revenues
therefrom
from the project, and
shall may 9not incur a pecuniary liability or a charge upon its general credit or against its taxing
10powers.
AB710,420,1711
(d) The proceedings authorizing any bonds under this section, or any indenture
12securing
such the bonds, may provide that if there is a default in the payment of the
13principal of, or the interest on,
such the bonds or in the performance of any agreement
14contained in
such the proceedings or indenture, the payment and performance may
15be enforced by the appointment of a receiver with power to charge, collect and apply
16the revenues from the project in accordance with
such
the proceedings or the
17provisions of
such the indenture.
AB710,420,2518
(e)
Any An indenture made under this section to secure bonds and which
19constitutes a lien on property may also provide that if there is a default in the
20payment
thereof of the bonds or a violation of any agreement contained
therein in
21the indenture, it may be foreclosed and the collateral sold under proceedings in any
22manner permitted by law.
Such The indenture may also provide that
any a trustee
23thereunder under or
any a pledgee or assignee
thereof of or the holder of any bonds
24secured
thereby by the indenture may become the purchaser at any foreclosure sale
25if that person is the highest bidder
therefor.
AB710,421,6
1(f) The revenue agreement may include
such
any provisions
as that the
2municipality
deems considers appropriate to effect the financing of the project,
3including a provision for payments
thereunder to be made in instalments and the
4securing of the obligation for any
such payments by lien or security interest in the
5undertaking either senior or junior to, or ranking equally with, any lien, security
6interest or rights of others.
AB710,421,8
7(6) (a)
Prior to Before the execution of a revenue agreement with respect to
any 8a project, the governing body
must
shall determine
all of the following:
AB710,421,109
1. The amount necessary in each year to pay the principal of, and the interest
10on, the bonds proposed to be issued to finance
such
the project
;.
AB710,421,1311
2. The amount necessary to be paid each year into any reserve funds which the
12governing body deems advisable to establish in connection with the retirement of the
13proposed bonds and the maintenance of the project
; and
.
AB710,421,1714
3. Unless the terms of the revenue agreement provide that the eligible
15participant
shall is obligated to provide for maintenance of the project and the
16carrying of all proper insurance with respect
thereto
to the project, the estimated cost
17of maintaining the project in good repair and keeping it properly insured.
AB710,422,618
(b) The determination and findings of the governing body shall be embodied in
19the proceedings under which the proposed bonds are to be issued; but the
foregoing 20amounts
specified in par. (a) need not be expressed in dollars and cents in the revenue
21agreement and proceedings under which the bonds are authorized to be issued, but
22may be set forth in the form of a formula.
Prior to
Before the issuance of the bonds
23authorized by this section the municipality shall enter into a revenue agreement
24providing for payment to the municipality or to the trustee for the account of the
25municipality of
such those amounts
as,
based upon the
basis of such determination
1and findings,
that will be sufficient to pay the principal of, and interest on, the bonds
2issued to finance the project; to build up and maintain any reserves
deemed 3considered advisable by the governing body, in connection
therewith with the project;
4and, unless the revenue agreement obligates the eligible participant to provide for
5the maintenance of and insurance on the project, to pay the costs of maintaining the
6project in good repair and keeping it properly insured.
AB710, s. 497
9Section
497. 66.521 (7) to (13) of the statutes are renumbered 66.1103 (7) to
10(13), and 66.1103 (7) (intro.), (8), (9), (10) (a), (b) and (d), (11) (a), (12) (a) and (13) (b)
11(intro.), 1. (intro.) and b. and 2. (intro.), as renumbered, are amended to read:
AB710,422,1812
66.1103
(7) Application of proceeds limited. (intro.) The proceeds from the
13sale of
any bonds
, issued under this section
, shall may be applied only for the purpose
14for which the bonds were issued and if, for any reason, any portion of
such the 15proceeds are not needed for the purpose for which the bonds were issued,
such the 16unneeded portion of
said the proceeds shall be applied, directly or indirectly, to the
17payment of the principal or the interest on the bonds. The following costs may be
18financed as part of
any a bond issue:
AB710,423,2
19(8) Purchase. The municipality may, by or with the consent of the eligible
20participant, accept any bona fide offer to purchase the project which is sufficient to
21pay all the outstanding bonds, interest, taxes, special levies and other costs that have
22been incurred. The municipality may also, by or with the consent of the eligible
23participant, accept any bona fide offer to purchase any unimproved land which is a
24part of the project, if the purchase price is not less than the cost of
such the land to
1the municipality computed on a prorated basis and if
such the purchase price is
2applied directly or indirectly to the payment of the principal or interest on the bonds.
AB710,423,14
3(9) Payment of taxes. When any If an industrial project acquired by a
4municipality under this section is used by a private person as a lessee, sublessee or
5in any capacity other than owner, that person
shall be
is subject to taxation in the
6same amount and to the same extent as
though if that person were the owner of the
7property. Taxes shall be assessed to
such the private person using the real property
8and collected in the same manner as taxes assessed to owners of real property. When
9due, the taxes
shall constitute a debt due from
such the private person to the taxing
10unit and
shall be are recoverable as provided by law, and
such the unpaid taxes
shall 11become a lien against the property with respect to which they were assessed,
12superior to all other liens, except a lien under s. 292.31 (8) (i) or 292.81, and shall be
13placed on
their the tax roll when there has been a conveyance of the property in the
14same manner as
are other taxes assessed against real property.
AB710,423,21
15(10) (a)
Any An action required or permitted by this section to be taken by a
16governing body may be taken at any lawful meetings
thereof of the governing body.
17A simple majority of a quorum of
such the governing body
shall be is sufficient for
18any such the action
under this section. The ayes and noes need not be taken with
19respect to
any such the action and
such the action need not be officially read
prior
20to before adoption. Failure to publish
any such an action
shall under this section does 21not affect the validity
thereof of the action.
AB710,424,1122
(b) Upon the adoption of an initial resolution under this section, public notice
23of
such the adoption shall be given to the electors of the municipality
prior to before 24the issuance of the bonds
therein described
in the resolution, by publication as a class
251 notice, under ch. 985. The notice need not set forth the full contents of the
1resolution, but shall state the maximum amount of the bonds; the name of the
2eligible participant; the purpose of the bonds; the net number of jobs which the
3project
which the municipality would finance with the bond issue is expected to
4eliminate, create or maintain on the project site and elsewhere in this state which
5is required to be shown by the proposed eligible participant on the form submitted
6under sub. (4m) (a) 1.; and that the resolution was adopted under this section. A form
7of the public notice shall be attached to the initial resolution. Prior to adoption of the
8initial resolution, the open meeting notice given to members of the public under s.
919.84 shall indicate that information with respect to the job impact of the project will
10be available at the time of consideration of the initial resolution. No other public
11notice of the authorization, issuance or sale of bonds under this section is required.
AB710,424,2212
(d) The governing body may issue bonds under this section without submitting
13the proposition to the electors of the municipality for approval unless within 30 days
14from the date of publication of notice of adoption of the initial resolution for
such the 15bonds, a petition conforming to the requirements of s. 8.40, signed by not less than
165% of the registered electors of the municipality, or, if there is no registration of
17electors in the municipality, by 10% of the number of electors of the municipality
18voting for the office of governor at the last general election as determined under s.
19115.01 (13), is filed with the clerk of the municipality requesting a referendum upon
20the question of the issuance of the bonds. If
such a petition is filed, the bonds
shall 21may not be issued until approved by a majority of the electors of the municipality
22voting
thereon on the referendum at a general or special election.
AB710,425,8
23(11) (a) With respect to the enforcement of any construction lien or other lien
24under ch. 779 arising out of the construction of projects financed under this section,
25no deficiency judgment or judgment for costs may be entered against the
1municipality. Projects financed under this section
shall are not
be deemed to be 2public works, public improvements or public construction within the meaning of ss.
359.52 (29), 60.47, 61.55, 62.15, 779.14, 779.15 and 779.155 and contracts for the
4construction of
such the projects
shall are not
be deemed to be public contracts within
5the meaning of ss. 59.52 (29) and
66.29 66.0901 unless factors
such as and including
6municipal control over the costs, construction and operation of the project and the
7beneficial ownership of the project warrant
such
the conclusion
that they are public
8contracts.
AB710,425,20
9(12) (a) In the absence of fraud, all bonds issued
prior to before July 25, 1980
, 10purportedly
pursuant to under this section, and all proceedings taken purportedly
11pursuant to under this section
prior to before that date for the authorization and
12issuance of those bonds or of bonds not yet issued, and the sale, execution and
13delivery of bonds issued
prior to before July 25, 1980, are
hereby validated, ratified,
14approved and confirmed, notwithstanding any lack of power, however patent, other
15than constitutional, of the issuing municipality or the governing body or
municipal 16officer
thereof, to authorize and issue the bonds, or to sell, execute or deliver the
same 17bonds, and notwithstanding any defects or irregularities, however patent, other than
18constitutional, in the proceeding or in the sale, execution or delivery of bonds issued
19prior to before July 25, 1980. All
such bonds
issued before July 25, 1980, are binding,
20legal obligations in accordance with their terms.
AB710,426,4
21(13) (b) (intro.) This section may be used to finance all or
any part of the cost,
22tangible or intangible, whenever incurred, of providing an industrial project under
23this section, whether or not
such the industrial project is in existence on the date of
24adoption of the initial resolution or of issuance of the bonds; whether new or
25previously used; whether or not previously owned by the eligible participant, the
1eligible participant's designee or a party affiliated with either; and notwithstanding
2that this section was not in effect or did not permit
such the financing on the date of
3such adoption
of the resolution or at the time
such ownership was acquired, except
4as follows:
AB710,426,85
1. (intro.) No part of the costs of constructing or acquiring personal property
6owned by the eligible participant, the eligible participant's designee or a party
7affiliated with either at any time
prior to before the date of adoption of the initial
8resolution may be so financed except
such costs for:
AB710,426,139
b. Personal property which will either be substantially reconstructed,
10rehabilitated, rebuilt or repaired in connection with the financing or which
11represents less than 10% of the entire financing. Personal property
shall be deemed 12is considered owned only after 50% of the acquisition cost
thereof of the personal
13property has been paid and
such the property has been delivered and installed.
AB710,426,1614
2. (intro.) No part of the costs of acquiring real property or of acquiring or
15constructing improvements
thereto to the real property may be so financed except
16such costs:
AB710, s. 498
17Section
498. 66.526 of the statutes is renumbered 62.57 and amended to read:
AB710,427,9
1862.57 Uniform salaries in first 1st class cities. The common council of
any
19city of the first a 1st class
, however incorporated, city may at any regular or special
20meeting
, at any time during the calendar year, adopt a uniform and comprehensive
21salary or wage ordinance, or both, based on a classification of officers, employments
22and positions in the city service
and of and including any and all offices and positions
23whatsoever in the employment of such city, whether previously so classified or not,
24provided if provision has been made in the budget of the current year for the total
25sum of money required for the payment of
the salaries and wages
for such
1employment and a tax levied to
include the same, with the following exception: That
2fund the wages
and salaries. Wages under this section may be fixed
at any such time 3by resolution
alone and that the. The common council may, at any time
during the
4calendar year, at any such meeting, determine a cost-of-living increment or
5deduction, to be paid in addition to
such wages or salaries
under this section, based
6on a proper finding of the United States bureau of labor statistics.
Any such The 7common council may
, at any such meeting, provide for overtime pay and
8compensatory time under s. 103.025 for employes who work in excess of 40 hours per
9week.
AB710, s. 499
10Section
499. 66.527 (title) of the statutes is renumbered 66.0123 (title).
AB710, s. 500
11Section
500. 66.527 (1) to (3) of the statutes are renumbered 66.0123 (2) to (4)
12and amended to read:
AB710,427,1713
66.0123
(2) Funds for the establishment, operation and maintenance of a
14department of recreation may be provided by the governing body of any town or
15school district A governmental unit may, after compliance with s. 65.90
, provide
16funds for the establishment, operation and maintenance of a department of public
17recreation.
AB710,427,24
18(3) (a)
Any such A governmental unit may delegate the power to establish,
19maintain and operate a department of public recreation to a
board of recreation
20board, which shall consist of 3 members and shall be appointed by the chairperson
21or other presiding officer of the
governing body
governmental unit. The first
22appointments shall be made so that one member
will serve serves one year, one
for 23serves 2 years and one
for serves 3 years
; thereafter appointments shall be for terms
24of. After the first appointments, terms are 3 years.
AB710,428,5
1(b) When 2 or more of the
aforesaid governing governmental units desire to
2conduct, jointly, a department of public recreation, the joint recreation board shall
3consist of not less than 3 members
who shall be selected by the presiding officers of
4such the governmental units acting jointly. Appointments shall be made for terms
5as provided in par. (a).
AB710,428,66
(c) The members of
any such a recreation board shall serve gratuitously.
AB710,428,127
(d)
Such A recreation board
is authorized to may conduct the activities of
such
8public recreation the department
, to of public recreation, expend funds
therefor, to, 9employ a supervisor of recreation,
to employ assistants,
to purchase equipment and
10supplies
, and generally
to supervise the administration, maintenance and operation
11of
such the department
of public recreation and recreational activities authorized by
12the
recreation board.
AB710,428,23
13(4) (a)
The public A recreation board
has the right to may conduct public
14recreation activities on property purchased or leased by
any such governing a
15governmental unit for recreational purposes and under its own custody, on other
16public property under the custody of any other public authority, body or board with
17the consent of
such the public authority, body or board, or on private property with
18the consent of its owner
, and such. The recreation board
, with the approval of the
19appointing
board authority, may accept gifts and bequests of land, money or other
20personal property, and use the
same gifts and bequests in whole or in part,
or the
21income
therefrom from the gifts and bequests or the proceeds from the sale of any
22such property in the establishment, maintenance and operation of recreational
23activities.
AB710,429,224
(b)
The A recreation board shall annually submit to the
governing body 25governmental unit a report of
its
the board's activities
and showing, including
1receipts and expenditures.
Such reports
The report shall be submitted not less than
215 days
prior to before the annual meeting of
such the governmental unit.
AB710,429,53
(c) An audit shall be made of the accounts of
such recreational the recreation 4board in the same manner as provided for audits for towns or school districts as the
5case may be.
AB710,429,76
(d) The persons selected by the recreation board shall furnish a surety bond in
7such an amount
as shall be fixed by the
governing body governmental unit.
AB710, s. 501
8Section
501. 66.53 of the statutes is renumbered 66.0733 (intro.) and amended
9to read:
AB710,429,22
1066.0733 Repayment of assessments in certain cases. (intro.)
If
in any city
11or town any a contract for improvements
entered into by a governmental unit
12authorized to levy special assessments is declared void by
any a court of last resort
13on the following grounds: want of power to make such contract; made contrary to a
14prohibition against contracting in any other than a specified way; or forbidden by
15statute, and if the governing body of the city or town has not adopted the resolution
16referred to in s. 66.295 (1) relating to payment of any person who has furnished any
17benefits under the void contract, the governing body
of the city or town may provide
18that all persons who have paid all or any part of any assessment levied against the
19abutting property owners
by reason because of the improvement may be reimbursed
20the amount of the assessment, paid from the fund,
as
that the governing body
may
21determine. determines. This section applies to contracts for improvements that are
22void for any of the following reasons:
AB710,429,23
23(1) There was insufficient authority to make the contract.
AB710,429,25
24(2) The contract was made contrary to a prohibition against contracting in
25other than a specified way.
AB710,430,1
1(3) The contract was prohibited by statute.
Note: Expands the scope of the provision to include any governmental entity
authorized to levy special assessments.
Reflects the repeal of s. 66.295 by Section 336.
AB710, s. 502
2Section
502. 66.54 (title) of the statutes is renumbered 66.0713 (title) and
3amended to read:
AB710,430,5
466.0713 (title)
Special improvement bonds; Contractor's certificates
;
5general obligation-local improvement bonds; special assessment B bonds
.
AB710, s. 503
6Section
503. 66.54 (1) of the statutes is renumbered 66.0713 (1), and 66.0713
7(1) (intro.), (c) and (d), as renumbered, are amended to read:
AB710,430,98
66.0713
(1) Definitions. (intro.)
Wherever used or referred to in In this
9section, unless a different meaning clearly appears from the context:
AB710,430,1410
(c)
"Municipality" "Local governmental unit" means county, city, village, town,
11farm drainage board, sanitary districts, utility districts, public inland lake
12protection and rehabilitation districts, and all other public boards, commissions or
13districts, except 1st class cities, authorized by law to levy special assessments for
14public improvements against the property benefited by the special improvements.
AB710,430,1715
(d) "Public improvement" means the result of the performance of work or the
16furnishing of materials or both, for which special assessments are authorized to be
17levied against the property benefited
thereby by the work or materials.
AB710, s. 504
18Section
504. 66.54 (2) of the statutes is repealed.
Note: Repealed as unnecessary. The repealed subsection provides a
noninclusive list of methods of funding public improvements by municipalities.
Independent authority exists for these funding methods.
AB710, s. 505
19Section
505. 66.54 (3) (title) of the statutes is repealed.
AB710, s. 506
20Section
506. 66.54 (3) of the statutes is renumbered 66.0709 (2) and amended
21to read:
AB710,431,18
166.0709
(2) Whenever If it is determined that the cost of
any a public
2improvement
about to be made is to be paid,
wholly in whole or in part, by special
3assessments against the property to be benefited by the improvement, the resolution
4authorizing
such the public improvement shall provide
and require that the whole,
5or any stated proportion, or no part of the estimated aggregate cost of
such the public
6improvement, which is to be levied as special assessments, shall be paid into the
7municipal treasury
of the local governmental unit in cash.
No such The public
8improvement
shall may not be commenced nor any contract
for the improvement let
9therefor unless and until
such the payment
, if any, required by
said the resolution
, 10is paid into the treasury of the
municipality local governmental unit by the owner
11or persons having an interest in the property to be benefited
, which. The payment
12shall be credited
on against the amount of the special assessments levied or to be
13levied against benefited property designated by the payer.
In the event that If a
14preliminary payment is required by
said the resolution, the refusal of one or more
15owners or persons having an interest in the property to be benefited to pay
such any 16preliminary payments
shall does not prevent the making of
such the improvement
, 17if the entire specified sum is obtained from the remaining owners or interested
18parties.