AB710,453,4
4(3) (b) If after an initial special assessment for the construction of a sewerage
5or water system is levied in a service area any eligible farmland subject to
subd. 1. 6par. (a) or exempted from a special assessment under
par. (b) sub. (2) is divided into
72 or more parcels at least one of which is not devoted exclusively to agricultural use,
8the town sanitary district or town may levy on each parcel on which it has either
9levied a special assessment under
subd. 1. par. (a) or has not levied a special
10assessment for the construction of a sewerage or water system a special assessment
11for that purpose that does not exceed the amount of the special assessment for that
12purpose that would have been levied on the parcel if the parcel had not been exempt
13under
par. (b) sub. (2) or that has already been levied under
subd. 1. par. (a). The
14special assessment shall be apportioned among the parcels resulting from the
15division in proportion to their area. The town sanitary district or town may also
16charge interest, from the date the eligible farmland is divided into 2 or more parcels
17at least one of which is not devoted exclusively to agricultural use, on the special
18assessment at an annual rate that does not exceed the average interest rate paid by
19the district or town on its obligations between the time the district or town first levies
20a special assessment for the construction of a sewerage or water system in the service
21area in which the eligible farmland is located and the time it levies the special
22assessment on that eligible farmland under this
subdivision paragraph. This
23subdivision paragraph does not apply to any eligible farmland unless the town
24sanitary district or town records a lien on that eligible farmland in the office of the
25register of deeds within 90 days after it first levies a special assessment for the
1construction of a sewerage or water system for the service area in which the eligible
2farmland is located, describing either the applicability of
subd. 1. par. (a) or the
3exemption under
par. (b) sub. (2) and the potential for a special assessment under
4this
subdivision paragraph.
AB710,453,245
(c) If, after a town sanitary district or town first levies a special assessment for
6the construction of a sewerage or water system in a service area, the eligible
7farmland in that service area exempted from the special assessment under
par. (b) 8sub. (2) is not devoted exclusively to agricultural use for a period of one year or more,
9the town sanitary district or town may levy on that eligible farmland the special
10assessment for the construction of a sewerage or water system that it would have
11levied if the eligible farmland had not been exempt under
par. (b) sub. (2). The town
12sanitary district or town may also charge interest, from the date the eligible
13farmland has not been devoted exclusively to agricultural use for a period of at least
14one year, on the special assessment at an annual rate that does not exceed the
15average interest rate paid by the district or town on its obligations between the time
16the district or town first levies a special assessment for the construction of a sewerage
17or water system in the service area in which the eligible farmland is located and the
18time it levies the special assessment on that eligible farmland. This
subdivision 19paragraph does not apply to any land unless the town or special purpose district
20records a lien on that eligible farmland in the office of the register of deeds within
2190 days after it first levies a special assessment for the construction of a sewerage
22or water system in the service area in which the eligible farmland is located,
23describing the exemption under
par. (b) sub. (2) and the potential for a special
24assessment under this
subdivision paragraph.
AB710, s. 531
1Section
531. 66.60 (7) of the statutes is renumbered 66.0703 (7) (a) and
2amended to read:
AB710,454,163
66.0703
(7) (a) Upon the completion and filing of the report required by sub.
4(3) (4), the city, town or village clerk shall
cause prepare a notice
to be given stating
5the nature of the proposed work or improvement, the general boundary lines of the
6proposed assessment district including, in the discretion of the governing body, a
7small map
thereof, the place and time at which the report may be inspected, and the
8place and time at which all
interested persons
interested, or their agents or
9attorneys, may appear before the governing body
or, a committee
thereof of the
10governing body or the board of public works and be heard concerning the matters
11contained in the preliminary resolution and the report.
Such The notice shall be
12published as a class 1 notice, under ch. 985, in the city, town or village and a copy of
13such the notice shall be mailed, at least 10 days before the hearing or proceeding, to
14every interested person whose post-office address is known, or can be ascertained
15with reasonable diligence. The hearing shall commence not less than 10
and not nor 16more than 40 days after
such publication.
AB710, s. 532
17Section
532. 66.60 (8) to (12) and (15) of the statutes are renumbered 66.0703
18(8) to (12) and (13) and amended to read:
AB710,454,2319
66.0703
(8) (a) After the hearing upon any proposed work or improvement, the
20governing body may approve, disapprove or modify, or it may rerefer the report
21prepared
pursuant to under subs.
(2) (4) and
(3) (5) to the designated officer or
22employe with
such directions
as it deems necessary to change the plans and
23specifications and to accomplish a fair and equitable assessment.
AB710,455,224
(b) If an assessment of benefits
be is made against any property and an award
25of compensation or damages
be is made in favor of the same property, the governing
1body shall assess against or award in favor
thereof of the property only the difference
2between
such the assessment of benefits and the award of damages or compensation.
AB710,455,73
(c) When the governing body finally determines to proceed with the work or
4improvement, it shall approve the plans and specifications
therefor and adopt a
5resolution directing that
such the work or improvement be carried out
and paid for 6in accordance with the report as finally approved
and that payment therefor be made
7as therein provided.
AB710,455,118
(d) The city, town or village clerk shall publish the final resolution as a class
91 notice, under ch. 985, in the assessment district and a copy of
such the resolution
10shall be mailed to every interested person whose post-office address is known, or can
11be ascertained with reasonable diligence.
AB710,455,1512
(e) When the final resolution is published, all work or improvements
therein 13described
in the resolution and all awards, compensations and assessments arising
14therefrom from the resolution are
deemed legally then authorized and made, subject
15to the right of appeal under sub. (12).
AB710,455,20
16(9) Where If more than a single type of project is undertaken as part of a general
17improvement affecting any property, the governing body may finally combine the
18assessments for all purposes as a single assessment on each property affected,
19provided that if each property owner
shall be enabled to may object to
any such the 20assessment for any single purpose or for more than one purpose.
AB710,456,6
21(10) If the actual cost of any project
shall, upon completion or after the receipt
22of bids,
be is found to vary materially from the estimates,
or if any assessment is void
23or invalid
for any reason, or if the governing body
shall determine decides to
24reconsider and reopen any assessment, it
is empowered
may, after giving notice as
25provided in sub. (7)
(a) and after a public hearing,
to amend, cancel or confirm
any
1such the prior assessment
, and thereupon. A notice of the resolution amending,
2canceling or confirming
such the prior assessment shall be given by the clerk as
3provided in sub. (8) (d). If the assessments are amended to provide for the refunding
4of special assessment B bonds under s.
66.54 (16)
66.0713 (6), all direct and indirect
5costs reasonably attributable to the refunding of the bonds may be included in the
6cost of the public improvements being financed.
AB710,456,12
7(11) If the cost of the project
shall be is less than the special assessments levied,
8the governing body, without notice or hearing, shall reduce each special assessment
9proportionately and
where if any assessments or instalments
thereof have been paid
10the excess over cost shall be applied to reduce succeeding unpaid instalments,
where 11if the property owner has elected to pay in instalments, or refunded to the property
12owner.
AB710,457,2
13(12) (a)
If any A person having an interest in
any a parcel of land affected by
14any a determination of the governing body,
pursuant to under sub. (8) (c), (10) or (11),
15feels aggrieved thereby that person may, within 90 days after the date of the notice
16or of the publication of the final resolution
pursuant to under sub. (8) (d), appeal
17therefrom the determination to the circuit court of the county in which
such the 18property is
situated by causing located. The person appealing shall serve a written
19notice of appeal
to be served upon the clerk of
such the city, town or village and
by
20executing execute a bond to the city, town or village in the sum of $150 with 2 sureties
21or a bonding company to be approved by the city, town or village clerk, conditioned
22for the faithful prosecution of
such the appeal and the payment of all costs that may
23be adjudged against that person. The clerk,
in case such if an appeal is taken, shall
24make prepare a brief statement of the proceedings
had in the matter before the
25governing body, with its decision
thereon on the matter, and shall transmit the
same
1statement with the original or certified copies of all the papers in the matter to the
2clerk of the circuit court.
AB710,457,53
(b)
Such The appeal shall be tried and determined in the same manner as cases
4originally commenced in
such circuit court, and costs awarded as provided in s.
5893.80.
AB710,457,106
(c)
In case any If a contract has been made for making the improvement
such 7the appeal
shall does not affect
such the contract, and certificates or bonds may be
8issued in anticipation of the collection of the entire assessment for
such the 9improvement, including the assessment on any property represented in
such the 10appeal as if
such the appeal had not been taken.
AB710,457,1711
(d) Upon appeal
pursuant to under this subsection, the court may, based
upon 12on the improvement as actually constructed, render a judgment affirming, annulling
13or modifying and affirming, as modified, the action or decision of the governing body.
14If the court finds that any assessment or any award of damages is excessive or
15insufficient,
such the assessment or award need not be annulled, but the court may
16reduce or increase the assessment or award of damages and affirm the
same 17assessment or award as so modified.
AB710,457,2518
(e) An appeal under this subsection
shall be is the sole remedy of any person
19aggrieved by a determination of the governing body, whether or not the improvement
20was made according to the plans and specifications
therefor, and shall raise any
21question of law or fact, stated in the notice of appeal, involving the making of
such 22the improvement, the assessment of benefits or the award of damages or the levy of
23any special assessment
therefor. The limitation
provided for in par. (a)
shall does not
24apply to appeals based
upon on fraud or
upon on latent defects in the construction
25of the improvement discovered after
such the period
of limitation.
AB710,458,4
1(f) It
shall be is a condition to the maintenance of
such an appeal that any
2assessment appealed from shall be paid
as and when the
same assessment or any
3instalments
thereof become due
and payable, and upon. If there is a default in
4making
such a payment,
any such the appeal shall be dismissed.
AB710,458,16
5(13) Every special assessment levied under this section
shall be is a lien on the
6property against which it is levied on behalf of the municipality levying
same the
7assessment or the owner of any certificate, bond or other document issued by public
8authority, evidencing ownership of or any interest in
such the special assessment,
9from the date of the determination of
such the assessment by the governing body.
10The governing body shall provide for the collection of
such the assessments and may
11establish penalties for payment after the due date. The governing body shall provide
12that all assessments or instalments
thereof which
that are not paid by the date
13specified shall be extended upon the tax roll as a delinquent tax against the property
14and all proceedings in relation to the collection, return and sale of property for
15delinquent real estate taxes
shall apply to
such the special assessment, except as
16otherwise provided by statute.
AB710, s. 533
17Section
533. 66.60 (16) of the statutes is repealed.
Note: Restated as a separate section. See Section 170 of this bill.
AB710, s. 534
18Section
534. 66.60 (17) of the statutes is renumbered 66.0703 (14) and
19amended to read:
AB710,458,2420
66.0703
(14) If
any a special assessment
or special charge levied
pursuant to 21under this section
shall be is held invalid because
such statutes shall be
this section
22is found to be unconstitutional, the governing body
of such municipality may
23thereafter reassess
such the special assessment
or special charge pursuant to the
24provisions of under any applicable law.
AB710, s. 535
1Section
535. 66.60 (18) of the statutes is renumbered 66.0703 (7) (b) and
2amended to read:
AB710,459,83
66.0703
(7) (b) The
governing body of any city, town or village may, without any
4notice or hearing, levy and assess the whole or any part of the cost of any municipal
5work or improvement as a special assessment upon the property specially benefited
6thereby whenever notice and hearing
thereon is in writing requirements under par.
7(a) do not apply if they are waived
, in writing, by all the owners of property affected
8by
such the special assessment.
AB710, s. 536
9Section
536. 66.604 of the statutes is renumbered 66.0717 and amended to
10read:
AB710,459,16
1166.0717 Lien of special assessment. A special assessment levied under any
12authority
whatsoever shall be is a lien on the property against which it is levied on
13behalf of the municipality levying the
same assessment or the owner of any
14certificate, bond or other document issued by the municipality, evidencing ownership
15of any interest in
such the special assessment, from the date of the levy, to the same
16extent as a lien for a tax levied upon real property.
AB710, s. 537
17Section
537
. 66.605 of the statutes is renumbered 66.0715 (2) and amended
18to read:
AB710,460,219
66.0715
(2) Special assessments Deferral. (a) Notwithstanding any other
20statute, the due date of any special assessment levied against property abutting on
21or benefited by a public improvement may be deferred on
such the terms and in
such 22the manner
as prescribed by
its the governing body while no use of the improvement
23is made in connection with the property.
Such A deferred special assessment may
24be paid in instalments within the time prescribed by the governing body.
Any such
1A deferred special assessment
shall be is a lien against the property from the date
2of the levy.
AB710,460,73
(b) If a tax certificate is issued under s. 74.57 for property which is subject to
4a special assessment that is deferred under this
section subsection, the governing
5body may provide that the amounts of any deferred special assessments are due on
6the date that the tax certificate is issued and are payable as are other delinquent
7special assessments from any moneys received under s. 75.05 or 75.36.
AB710,460,118
(c) The lien of any unpaid amounts of special assessments deferred under this
9section subsection with respect to which a governing body has not taken action under
10sub. (2) par. (b) is not merged in the title to property taken by the county under ch.
1175.
Note: This section is combined with s. 66.54 (7), relating to annual instalments
of special assessments. See Sections 204
, 205 and 514 of this bill. Note that
the definitions for the newly combined and renumbered section provided in
Section 205 of this bill, which previously applied only to the provisions of
renumbered s. 66.0715 that related to instalment payments, will now apply to
deferral of special assessments as well.
AB710, s. 538
12Section
538. 66.606 of the statutes is renumbered 287.093.
AB710, s. 539
13Section
539. 66.608 of the statutes is renumbered 66.1109, and 66.1109 (3) (d),
14as renumbered, is amended to read:
AB710,460,1815
66.1109
(3) (d) Either the board or the municipality, as specified in the
16operating plan as adopted, or amended and approved under this section,
shall have 17has all powers necessary or convenient to implement the operating plan, including
18the power to contract.
AB710, s. 540
19Section
540. 66.609 of the statutes is renumbered 66.1007.
AB710, s. 541
20Section
541. 66.610 of the statutes is renumbered 62.71, and 62.71 (title), (1),
21(2) (intro.), (a), (b), (e), (i) and (n), (3) (a) to (c), (4), (5) (b) (intro.) and 4. and (c) to (e),
22(6) (intro.), (b) and (c), (7) to (11) and (13), as renumbered, are amended to read:
AB710,461,3
162.71 (title)
Pedestrian malls in cities of the 1st class cities
. (1) Purpose. 2The purpose of this section is to authorize
any city of the a 1st class
city to undertake,
3develop, finance, construct and operate pedestrian malls as local improvements.
AB710,461,4
4(2) Definitions. (intro.)
As used in In this section:
AB710,461,75
(a) "Annual pedestrian mall improvement" includes
, without limitation
6because of enumeration, any reconstruction, replacement or repair of trees,
7plantings, furniture, shelters or other pedestrian mall facilities.
AB710,461,148
(b) "Annual pedestrian mall improvement cost" includes
, without limitation
9because of enumeration, planning consultant fees, public liability and property
10damage insurance premiums, reimbursement of the city's reasonable and necessary
11costs incurred in operating and maintaining a pedestrian mall, levying and
12collecting special assessments and taxes, publication costs, and any other costs
13related to annual improvements and the operation and maintenance of a pedestrian
14mall.
AB710,461,1515
(e) "City" means a
city of the 1st class
city.
AB710,461,2016
(i) "Intersecting street" means, unless the council declares otherwise, any
17street which meets or intersects a pedestrian mall, but includes only those portions
18thereof of the intersecting street which lay between the mall or mall intersection and
19the first intersection of
such the intersecting street with a street open to general
20vehicular traffic.
AB710,462,621
(n) "Pedestrian mall improvement"
means, without limitation because of
22enumeration, includes any construction or installation of pedestrian thoroughfares,
23perimeter parking facilities, public seating, park areas, outdoor cafes, skywalks,
24sewers, shelters, trees, flower or shrubbery plantings, sculptures, newsstands,
25telephone booths, traffic signs, sidewalks, traffic lights, kiosks, water pipes, fire
1hydrants, street lighting, ornamental signs, ornamental lights, graphics, pictures,
2paintings, trash receptacles, display cases, marquees, awnings, canopies, overhead
3or underground radiant heating pipes or fixtures, walls, bollards, chains and all
such 4other fixtures, equipment, facilities and appurtenances which, in the council's
5judgment, will enhance the movement, safety, convenience and enjoyment of
6pedestrians and benefit the city and the affected property owners.
AB710,462,18
7(3) (a) Upon petition of
any a community development advisory body or upon
8its own motion, the council may by resolution designate lands to be acquired,
9improved and operated as pedestrian malls or may by ordinance designate streets,
10including a federal, state, county or any other highway system with the approval of
11the jurisdiction responsible for maintaining that highway system, in or adjacent to
12business districts to be improved for primarily pedestrian uses. The council may
13acquire by gift, purchase, eminent domain, or otherwise, land, real property or
14rights-of-way for inclusion in a pedestrian mall district or for use in connection with
15pedestrian mall purposes. The council may
also make improvements on mall
16intersections, intersecting streets or upon facilities acquired for parking and other
17related purposes, if
such the improvements are necessary or convenient to the
18operation of the mall.
AB710,462,2419
(b) In establishing or improving a pedestrian mall, the council may narrow any
20street designated a part of a pedestrian mall, reconstruct or remove any street vaults
21or hollow sidewalks existing by virtue of a permit issued by the city, construct
22crosswalks at any point on the pedestrian mall, or cause the roadway to curve and
23meander within the limits of the street without regard to the uniformity of width of
24the street or curve or absence of curve in the center line of
such the street.
AB710,463,6
1(c) 1. Subject to subd. 2., the council may authorize the payment of the entire
2cost of any pedestrian mall improvement established under this section by
3appropriation from the general fund, by taxation or special assessments, and by the
4issuance of municipal bonds, general or particular special improvement bonds,
5revenue bonds, mortgages or certificates, or by any combination of
such these 6financing methods.
AB710,463,117
2. If
such a pedestrian mall improvement is financed by special assessments
8and special improvement bonds are not issued,
such
the special assessments, when
9collected, shall be applied to the payment of the principal and interest on any general
10obligation bonds issued or to the reduction of general taxes if
such general obligation
11bonds or
the general tax levy
are
is used to finance the improvement.
AB710,463,13
12(4) Preliminary findings. No pedestrian mall may be established under sub.
13(3) unless the council finds
that all of the following:
AB710,463,1514
(a)
The That the proposed pedestrian mall will be located primarily in or
15adjacent to a business district.
AB710,463,1716
(b)
There That there exist reasonably convenient alternate routes for private
17vehicles to other parts of the city and state.
AB710,463,1918
(c)
The That the continued unlimited use by private vehicles of
all or part of the
19streets
or parts thereof in the proposed mall district endangers pedestrian safety.
AB710,463,2320
(d)
Properties That properties abutting the proposed mall can be reasonably
21and adequately provided with emergency vehicle services and delivery and receiving
22of merchandise or materials either from other streets or alleys or by the limited use
23of the pedestrian mall for
such these purposes.
AB710,463,2524
(e)
It That it is in the public interest to use
such all or part of the street
or
25portions thereof in the proposed mall district primarily for pedestrian purposes.
AB710,464,3
1(5) (b) (intro.) Upon receiving the authority under par. (a) and upon completion
2of the public hearing, the commissioner of public works shall prepare a report which
3shall include
all of the following:
AB710,464,64
4. A description of the property necessary to be acquired or interfered with and
5the identity of the owner of each
such parcel if the
same owner can be readily
6ascertained by the commissioner.
AB710,464,97
(c) In preparing
such the report
under par. (b), the commissioner of public
8works shall consult with any community development advisory body which has been
9organized in the proposed pedestrian mall district.
AB710,464,1510
(d) After referring the report described in par. (b) to the city plan commission
11for review and recommendations, the commissioner of public works shall submit
12such the report, with the city plan commission's recommendations, if any, to the
13council and shall file a copy in the office of the city clerk. The council may
then refer
14the report and recommendations, with any
necessary modifications
it deems
15necessary, to the board of assessment for action pursuant to subch. II of ch. 32.
AB710,464,2416
(e) Notwithstanding any other provision of this section, if a petition protesting
17the establishment of a pedestrian mall or a pedestrian mall improvement, duly
18signed and acknowledged by the owners of 51% or more of the front footage of lands
19abutting
all or part of a street
or part thereof proposed as a pedestrian mall, is filed
20with the city clerk at any time prior to the conclusion of all proceedings required
21under this section, the council shall terminate its proceedings, and no proposal for
22the establishment of the
same pedestrian mall or substantially the same
pedestrian 23mall may be introduced or adopted within one year after
such termination
of
24proceedings under this paragraph.
AB710,465,2
1(6) Ordinances; required provisions. (intro.)
Any An ordinance establishing
2a pedestrian mall shall
accomplish all of the following:
AB710,465,43
(b) Designate the streets, including intersecting streets, or parts
thereof of
4streets to be used as a pedestrian mall.
AB710,465,95
(c) Limit the use of the surface of
such all or part of a street
or part thereof used
6as a pedestrian mall to pedestrian users and to emergency, public works,
7maintenance and utility transportation vehicles during
such times
as that the
8council determines appropriate to enhance the purposes and function of the
9pedestrian mall.
AB710,465,19
10(7) Use by public carriers. If the council finds that
all or part of a street
or part
11thereof which is designated as a pedestrian mall is served by a common carrier
12engaged in mass transportation of persons within the city and that continued use of
13such all or part of the street
or part thereof by
such the common carrier will benefit
14the city, the public and adjacent property, the council may permit
such the carrier to
15use
such all or part of the street
or part thereof for
such these purposes to the same
16extent and subject to the same obligations and restrictions
which that are applicable
17to
such the carrier in the use of other streets of the city. Upon like findings, the
18council may permit use of
such all or part of the street
or part thereof by taxicabs or
19other public passenger carriers.
AB710,465,24
20(8) Permits. (a) If, at the time an ordinance establishing a pedestrian mall is
21adopted enacted, any property abutting
such all or part of the pedestrian mall
or part
22thereof does not have access to some other street or alley for the delivery or receiving
23of merchandise or materials,
such the ordinance shall provide for
either one of the
24following:
AB710,466,2
11. The issuance of special access permits to the affected owners for
such these 2purposes
; or.
AB710,466,53
2. The designation of the hours or days on which
such
the pedestrian mall may
4be used for
such these purposes without unreasonable interference with the use of
5all or part of the mall
or part thereof by pedestrians and other authorized vehicles.
AB710,466,106
(b) The council may issue temporary permits for closing
all or part of a
7pedestrian mall
or any part thereof to all vehicular traffic for the promotion and
8conduct of sidewalk art fairs, sidewalk sales, craft shows, entertainment programs,
9special promotions and for
such other special activities consistent with the ordinary
10purposes and functions of the pedestrian mall.
AB710,466,18
11(9) Excess estimated cost; assessment adjustments. (a) If, after the
12completion of any pedestrian mall improvement, the commissioner of public works
13certifies that the actual cost is less than the estimated cost upon which any aggregate
14assessment is based,
such the aggregate assessment shall be reduced, subject to par.
15(c), by a percentage amount of the excess estimated cost which is equal to the
16percentage of the estimated cost financed by
such
the aggregate assessment. The
17city comptroller shall certify to the city treasurer the amount
that is refundable
18under this subsection.
AB710,466,2119
(b) If
such the aggregate assessment
described in par. (a) has been fully
20collected, the city treasurer shall refund the excess assessment to the affected
21property owners on a proportional basis.
AB710,467,222
(c) If
such the aggregate assessment
described in par. (a) has not been fully
23collected
, the amount of the refundable assessment shall be reduced by a sum
24determined by the council to be sufficient to cover anticipated assessment collection
25deficiencies
, and the balance, if any, shall be refunded to the affected owners on a
1proportional basis. The treasurer shall deduct the appropriate amount from
2instalments due after the receipt of the certificate from the city comptroller.
AB710,467,10
3(10) Annual costs; special account. (a) Concurrently with the submission of
4the plan, and annually thereafter by June 15 of each year, the city comptroller and
5the commissioner of public works, with the assistance of a community development
6advisory body, if any, shall furnish the council with a report estimating the cost of
7improving, operating and maintaining any pedestrian mall district for the next fiscal
8year. Under the plan in effect,
such the report shall include itemized cost estimates
9of any proposed changes in the plan under consideration by the council and also a
10detailed summary of the estimated costs chargeable to
all of the following categories:
AB710,467,1411
1. The amount of the annual costs chargeable to the general fund.
Such The 12amount may not exceed that amount which the city normally allocates from the
13general fund for maintenance and operation of a street of similar size and location
14not improved as a pedestrian mall.
AB710,467,1815
2. The amount of the annual costs chargeable to owners of property in the
16district who are benefited by
such annual mall improvements. The aggregate
17amount assessed against
such the owners may not exceed the aggregate benefits
18accruing to all
such assessable property.
AB710,467,2219
3. The amount of the annual costs, if any, to be specially taxed against taxable
20property in the district.
Such The amount shall be determined by deducting from the
21estimated annual costs the amounts under subds. 1. and 2. and the amount of
22anticipated rentals received from vendors using pedestrian mall facilities.
AB710,468,523
(b) Moneys appropriated and collected for annual pedestrian mall
24improvement costs shall be credited to a special account. The council may incur
such 25necessary annual costs
as it deems necessary, whether or not they have been
1included in the budget for that fiscal year, except that such nonbudgeted
2expenditures shall be included in the estimate required under par. (a) for the next
3following fiscal year. Any unexpended balances in
such the special account
4remaining at the end of a fiscal year shall be carried over to the appropriate category
5of the estimate required under par. (a) for the
next following fiscal year.
AB710,468,9
6(11) Nuisances: limitation of liability. (a) The installation of any furniture,
7structure or facility or the permitting of any use in a pedestrian mall district under
8a final plan adopted under this section
may is not
be deemed a nuisance or unlawful
9obstruction or condition by reason of the location of
such the installation or use.
AB710,468,1310
(b)
Such installation or use may not cause the The city or any person acting
11under permit
to be is not liable for injury to persons or property in the absence of
12negligence in the construction, maintenance, operation or conduct of
such the 13installation or use
under par. (a).
AB710,468,17
14(13) Substantial compliance; validity. Substantial compliance with the
15requirements of this section is sufficient to give effect to any proceedings
hereunder 16conducted under this section and any error, irregularity or informality not affecting
17substantial justice does not affect the validity of
such the proceedings.
AB710, s. 542
18Section
542. 66.615 of the statutes is renumbered 66.0907, and 66.0907 (1),
19(2), (3) (a), (c) (intro.), 1. and 2., (d), (e) and (f), (5), (6), (7) and (10) (intro.), as
20renumbered, are amended to read:
AB710,469,221
66.0907
(1) Part of street; obstructions. Streets shall provide a right-of-way
22for vehicular traffic and, where the council
so requires, a sidewalk on either or both
23sides
thereof; the of the street. The sidewalk shall be for the use of persons on foot,
24and no person
shall be allowed to may encumber the
same sidewalk with boxes or
1other material
; but such. The sidewalk shall be kept clear for the
uses specified
2herein use of persons on foot.
AB710,469,5
3(2) Grade. In all cases where If the grades of sidewalks
shall are not
have been 4specially fixed by ordinance
, the sidewalks shall be laid to the established grade of
5the street.
AB710,469,11
6(3) (a)
Authority of council. The council may
from time to time by ordinance
7or resolution determine where sidewalks shall be constructed and establish the
8width, determine the material and prescribe the method of construction of standard
9sidewalks
, and the. The standard
so fixed may be different for different streets
, and
.
10The council may order by ordinance or resolution sidewalks to be laid as provided in
11this subsection.
AB710,469,1712
(c)
Notice. (intro.) A copy of the ordinance, resolution or order directing
such 13the laying, removal, replacement or repair
of sidewalks shall be served upon the
14owner, or an agent, of each lot or parcel of land in front of which
such the work is
15ordered. The board of public works, or either the street commissioner or the city
16engineer if so requested by the council, may serve the notice. Service of the notice
17may be made by
any of the following methods:
AB710,469,1818
1. Personal delivery
;.
AB710,469,1919
2. Certified or registered mail
; or.
AB710,469,2520
(d)
Default of owner. Whenever any such owner shall neglect If the owner
21neglects for a period of 20 days after
such service
of notice under par. (c) to lay,
22remove, replace or repair
any such the sidewalk the city may cause
such the work
23to be done at the expense of
such the owner. All work for the construction of sidewalks
24shall be let by contract to the lowest responsible bidder except as provided in s. 62.15
25(1).
AB710,470,6
1(e)
Minor repairs. If the cost of repairs of any sidewalk in front of any lot or
2parcel of land does not exceed the sum of $100, the board of public works, street
3commissioner or city engineer
, if so required by the council, may immediately repair
4such the sidewalk, without notice
or letting the work by contract, and charge the cost
5thereof of the repair to the owner of
such the lot or parcel of land, as provided in this
6section.
AB710,470,257
(f)
Expense. The board of public works shall keep an accurate account of the
8expenses of laying, removing and repairing sidewalks in front of each lot or parcel
9of land
, whether the work is done by contract or otherwise, and report the
same 10expenses to the comptroller
who. The comptroller shall annually prepare a
11statement of the expense
so incurred in front of each lot or parcel of land and report
12the
same amount to the city clerk
, and the. The amount
therein charged to each lot
13or parcel of land shall be entered by
such the clerk in the tax roll as a special tax
14against
said the lot or parcel of land
, and
the same shall be collected
in all respects 15like other taxes upon real estate. The council by resolution or ordinance may provide
16that the expense
so incurred may be paid in up to 10 annual instalments and
upon
17such determination, the comptroller shall prepare the expense statement
as herein
18required in such manner and with such frequency as the improved
to reflect the 19instalment payment schedule
allows. If annual instalments for
such expense 20sidewalk expenses are authorized, the city clerk shall charge the amount to each lot
21or parcel of land and enter it on the tax roll as a special tax against
such the lot or
22parcel each year until all instalments have been entered, and the
same amount shall
23be collected
in all respects like other taxes upon real estate. The council may provide
24that the street commissioner or city engineer
shall perform the duties imposed by
25this section on the board of public works.