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.
AB710,471,7
1(5) Snow and ice. The board of public works shall keep the sidewalks of the city
2clear of snow and ice in all cases where the owners or occupants of abutting lots fail
3to do so, and the expense of
so doing clearing in front of any lot or parcel of land shall
4be included in the statement to the comptroller required by sub. (3) (f),
and in the
5comptroller's statement to the city clerk and in the special tax to be levied
as therein
6provided. The city may also impose a fine or penalty for neglecting to keep sidewalks
7clear of snow and ice.
AB710,471,12
8(6) Repair at city expense. Whenever the The council
shall by resolution or
9ordinance so determine, may provide that sidewalks shall be kept in repair by and
10at the expense of the city
, or
the council may direct that a certain proportion of the
11cost of construction, reconstruction or repair be paid by the city and the balance by
12abutting property owners.
AB710,471,16
13(7) Rules. The council may
from time to time make all needful rules and
14regulations by ordinance
for carrying the aforesaid implement the provisions
into
15effect, for regulating of this section, regulate the use of the sidewalks of the city and
16preventing prevent their obstruction.
AB710,471,19
17(10) Application of section; definitions. (intro.) The provisions of this section
18shall do not apply to 1st class cities but
shall be applicable apply to towns and
19villages, and when applied to towns and villages:
AB710, s. 543
20Section
543. 66.616 of the statutes is renumbered 66.0909, and 66.0909 (1),
21as renumbered, is amended to read:
AB710,472,622
66.0909
(1) The standard for construction of curbs and sidewalks on each side
23of
any a city or village street, or
any a connecting highway or town road for which
24curbs and sidewalks have been prescribed by the governing body of the town, city or
25village having jurisdiction
thereover, shall include curb ramping providing access to
1crosswalks at intersections and other designated locations. Curb ramping includes
2the curb opening, the ramp and that part of the sidewalk or apron leading to and
3adjacent to the curb opening. Any person constructing new curbs or sidewalks or
4replacing curbs or sidewalks within 5 feet of a legal crosswalk in any city street,
5village street, connecting highway or town road shall comply with the standards for
6curb ramping under this section.
AB710, s. 544
7Section
544. 66.62 of the statutes is renumbered 66.0701 and amended to
8read:
AB710,472,17
966.0701 Special assessments by local ordinance. (1) Except as provided
10in s.
66.60 (6m) 66.0721, in addition to other methods provided by law, the
common
11council governing body of
any
a town, village or 2nd, 3rd or 4th class city
, a village
12board or a town board may, by ordinance, provide that the cost of installing or
13constructing any public work or improvement shall be charged in whole or in part
14to the property benefited
thereby, and
to make an assessment against
such the 15property
benefited in
such the manner
as such council or board that the governing
16body determines.
Such The special assessment
shall be is a lien against the property
17from the date of the levy.
AB710,472,22
18(2) Every
such ordinance
under this section shall contain provisions for
19reasonable notice and hearing. Any person against whose land a special assessment
20is levied under
any such the ordinance
shall have the right to may appeal
therefrom 21in the manner prescribed in s.
66.60 66.0703 (12) within 40 days of the date of the
22final determination of the governing body.
AB710, s. 545
23Section
545. 66.625 of the statutes is renumbered 66.0911 and amended to
24read:
AB710,473,8
166.0911 Laterals and service pipes. Whenever If the governing body
shall 2by resolution
require requires water, heat, sewer and gas laterals or service pipes to
3be constructed from the lot line or near the lot line to the main or from the lot line
4to the building to be serviced, or both, it may provide that when the work is done by
5the city, village or town or under a city, village or town contract, a record of the cost
6of constructing
such the laterals or service pipes shall be kept and
such the cost, or
7the average current cost of laying
such the laterals or service pipes, shall be charged
8and be a lien against the lot or parcel served.
AB710, s. 546
9Section
546. 66.63 of the statutes is renumbered 66.0725 and amended to
10read:
AB710,473,22
1166.0725 Assessment of condemnation benefits. (1) As a complete
12alternative to any other method provided by law, for the purpose of payment of the
13expenses, including
such the excess of damages and all other expenses and costs
, 14incurred for the taking of private property for the purpose set forth in ss. 32.02 (1),
1561.34 (3) and 62.22, the governing body of
the a town, city or village may, by
16resolution, levy and assess the whole or any part of
such the expenses, as a special
17assessment upon
such the property
as they determine that the governing body
18determines is specially benefited
thereby, and they by the taking. The governing
19body shall include in
said the levy the whole or any part of the excess of benefits over
20total damages, if any,
making therein and make a list of every lot or parcel of land
21so assessed, the name of the owner
thereof, if known, and the amount levied
thereon 22on the property.
AB710,474,6
23(2) Such The resolution
under sub. (1) shall be published as a class 2 notice,
24under ch. 985,
and with a notice
therewith that at
a the time
and place stated
therein, 25the governing body will meet
at their usual place of meeting and hear
all objections
1which may be made to
such
the assessment
or to any part thereof. If
such the 2resolution levies an assessment against property outside the corporate limits, notice
3as provided herein shall be given by mailing a copy of the resolution and the notice
4by registered mail to the last-known address of the owner of
such the property. A
5copy of
such the resolution shall be filed with the clerk of the town in which the
6property is located.
AB710,474,17
7(3) At the time
so fixed the governing body shall meet and hear
all such 8objections, and for that purpose may adjourn to a date set by the governing body, until
9the hearing is completed, and shall by resolution confirm or modify
such the 10assessment in whole or in part. At any time before the first day of
the next November
11thereafter any party liable may pay
any such the assessment to the town, city or
12village treasurer. On
such first day of November
1, if
any such the assessment
13remains unpaid, the treasurer shall make a certified statement showing what
14assessments
so levied under this section remain unpaid, and file the
same statement 15with the clerk, who shall
extend the same upon place the unpaid assessments on the
16tax roll
of such municipality, in addition to and as part of all other taxes therein levied
17on such land, to be collected therewith for collection.
AB710,475,6
18(4) At the time of making out the tax roll, next after the filing of any assessment
19to pay the expenses incurred in proceedings for the condemnation of lands outside
20the corporate limits, the The town clerk shall enter
in said on the tax roll the benefits
21not offset by damages or an excess of benefits over damages which
shall be are levied
22on the land described as a special assessment
under this section by a city or village
23on land in the town and shall
be collected the same collect the assessment in the same
24manner as other taxes.
Such amounts when The assessments collected shall be paid
25over to the city or village treasurer to be applied in payment of any damages or excess
1of damages over benefits awarded by
such
the assessment
; and in case. If the amount
2of
such special assessments
are
is insufficient to pay all damages or excess of
3damages over benefits
so awarded,
then the difference shall be paid by the city or
4village.
Any such damages Damages or excess of damages over benefits may be paid
5out of
such the fund
prior to before the collection of
such
the special assessments
, to
6be and reimbursed
therefrom when collected.
AB710,475,9
7(5) Any person against whose land an assessment of benefits is made
pursuant
8to under this section may appeal
therefrom as prescribed in s. 32.06 (10) within 30
9days of the adoption of the resolution required under sub. (3).
AB710, s. 547
10Section
547. 66.635 of the statutes is renumbered 66.0731 and amended to
11read:
AB710,476,3
1266.0731 Reassessment of invalid condemnation and public
13improvement assessments. (1) If in
any an action
, other than an action
pursuant
14to s. 66.60 (12), for the recovery of damages arising from a failure to make a proper
15assessment of benefits and damages, as provided by law, or failure to observe any
16provision of law, or because of any act or defect in any proceeding in which benefits
17and damages are assessed, and in any action to set aside any under s. 66.0703 (12),
18involving a special assessment, special assessment certificate, bond or note or tax
19certificate based
upon such on the special assessment, the court determines that
20such the assessment is invalid
by reason of a defective assessment of benefits and
21damages, or for any cause, it shall stay all proceedings, frame an issue
therein and
22summarily try the
same issue and determine the amount
which that the plaintiff
23justly ought to pay or which should be justly assessed against the property in
24question.
Such That amount shall be ordered to be paid into court for the benefit of
25the parties entitled
thereto to the amount within a
fixed time
to be fixed. Upon
1compliance with
said the order judgment shall be entered for the plaintiff with costs.
2If the plaintiff fails to comply with
such the order the action shall be dismissed with
3costs.
AB710,476,6
4(2) If the common council, village board or town board determines that any
5special assessment is invalid for any reason, it may reopen and reconsider
such the 6assessment as provided in s.
66.60 66.0703 (10).
AB710, s. 548
7Section
548. 66.64 of the statutes is renumbered 66.0705 and amended to
8read: