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504. 66.54 (2) of the statutes is repealed.
Note: Repealed as unnecessary. The repealed subsection provides a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505. 66.54 (3) (title) of the statutes is repealed.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.
AB710, s. 507
19Section
507
. 66.54 (4) (title) of the statutes is renumbered 66.0711 (title) and
20amended to read:
AB710,431,22
2166.0711 (title)
Discount on contract price cash payments for public
22improvements.
AB710, s. 508
23Section
508. 66.54 (4) of the statutes is renumbered 66.0711 (2) and amended
24to read:
AB710,432,11
166.0711
(2) Every bid
hereafter received for any public improvement which is
2not to be paid wholly in cash shall contain a provision that all payments made in cash
3by the
municipality local governmental unit as provided by contract or made on
4special assessments
as hereinafter provided shall be
are subject to a specified rate
5of discount. The
municipal treasurer
of the local governmental unit shall issue a
6receipt for every
such payment made on any special assessment, stating the date and
7amount of the cash payment, the discount and the total credit including
such the 8discount
, on a specified special assessment
or assessments. The treasurer shall on
9the same day deliver a duplicate of
such the receipt to the clerk, who shall credit the
10specified assessments accordingly. All moneys so received shall be paid to the
11contractor as provided by the contract.
AB710, s. 509
12Section
509. 66.54 (5) of the statutes is renumbered 66.0713 (9) and amended
13to read:
AB710,433,214
66.0713
(9) Payment by municipality local governmental unit.
Whenever any
15such If a public improvement has been paid for by the
municipality local
16governmental unit, contractor's certificates
as provided for in under sub.
(6), or (2), 17general obligation-local improvement bonds
as provided for in sub. (9) under s.
1867.16, or special assessment B bonds
as provided for in under sub.
(10) (4) may be
19issued to the
municipality local governmental unit as the owner
thereof of the
20certificates or bonds. All of the provisions of subs.
(6), (9) and (10) (2) and (4) and s.
2167.16 applicable to the contractor or to the owner of
such the contractor's certificates
22or to such, the general obligation-local improvement bonds or
to such the special
23assessment B bonds shall be deemed to include the
municipality local governmental
24unit which has paid for
such the improvement and to which
such the contractor's
25certificates, general obligation-local improvement bonds or special assessment B
1bonds have been issued, except as
otherwise provided in this section
otherwise
2provided.
AB710, s. 510
3Section
510. 66.54 (6) (title) of the statutes is renumbered 66.0713 (2) (title).
AB710, s. 511
4Section
511. 66.54 (6) (a) and (b) of the statutes are renumbered 66.0713 (2)
5(a) and (b) and amended to read:
AB710,433,126
66.0713
(2) (a)
Whenever any If a public improvement has been made and has
7been accepted by the governing body of the
municipality local governmental unit, it
8may
cause to be issued issue to the contractor for
such the public improvement
, a
9contractor's certificate as to each parcel of land against which special assessments
10have been levied for the unpaid balance of the amount chargeable
thereto to the
11parcel, describing each parcel.
Such The certificate shall be substantially in the
12following form:
AB710,433,1313
$.... No. ....
AB710,433,1414
(name of
municipality local governmental unit)
AB710,433,15
15Contractor's certificate
AB710,433,16
16For construction of ....
AB710,433,1717
(name of
municipality local governmental unit)
AB710,433,18
18Issued pursuant to
AB710, s. 66
19Section 66.54 (6) 66.0713 (2), Wis. Stats.
AB710,434,220
We, the undersigned officers of the (name of
municipality), hereby local
21governmental unit), certify that (name and address of contractor) has performed the
22work of constructing .... in .... benefiting the following premises
, to wit: (insert legal
23description) in the (name of
municipality local governmental unit) .... County,
24Wisconsin, pursuant to a contract entered into by
said (name of
municipality local
25governmental unit) with
the said .... (name of contractor), dated ...., and that ....
1entitled to the sum of .... dollars,
being the unpaid balance due for
said the work
2chargeable to the property
hereinabove described
above.
AB710,434,7
3Now, therefore, If the
said sum shall unpaid balance due is not
be paid to the
4treasurer of (name of
municipality local governmental unit) before the first day of
the
5following December,
next, the same that amount shall be extended upon the tax roll
6of the (name of
municipality local governmental unit) against the property above
7described as listed
therein in the tax roll, and collected
for, as provided by law.
AB710,434,148
This certificate is transferable by indorsement but
such an assignment or
9transfer
shall be by indorsement is invalid unless
the same shall be recorded in the
10office of the clerk of the (name of
municipality
local governmental unit) and the fact
11of
such the recording is indorsed on this certificate.
The holder of this certificate
12shall have has no claim upon the (Name of
municipality) in any event local
13governmental unit),
except from the proceeds of the special assessments levied
14for said the work against the above described land.
AB710,434,1615
This certificate shall bear interest from its date to
the following January 1
next
16succeeding.
AB710,434,1817
Given under our hands at (name of
municipality local governmental unit), this
18.... day of ...., .... (year)
AB710,434,2020
(Mayor, President, Chairperson)
AB710,434,2121
Countersigned:
AB710,434,2323
Clerk, (name of
municipality local governmental unit)
AB710,434,24
24Assignment record
AB710,435,2
1Assigned by .... .... (Original Contractor) to .... .... (Name of Assignee) of ....
2(Address of Assignee) .... .... (Date and signature of clerk)
AB710,435,253
(b)
Such certificate shall in no event be a municipal
A contractor's certificate
4is not a liability
of a local governmental unit and shall so state in boldface type
5printed on the face
thereof of the certificate. Upon issuance of
said a certificate, the
6clerk of the
municipality local governmental unit shall
at once immediately deliver
7to the
municipal treasurer
of the local governmental unit a schedule of each
such 8certificate showing the date, amount, number, date of maturity, person to whom
9issued and parcel of land against which the assessment is made. The treasurer shall
10thereupon notify, by mail, the owner of
said the parcel
, as the
same owner appears
11on the last assessment roll, that payment is due on
said the certificate at the office
12of
said the treasurer, and if
such the owner
shall pay such pays the amount
or part
13thereof so due,
said the clerk shall
cause the same to be paid pay that amount to the
14registered holder of
said the certificate, and shall indorse
such the payment on the
15face of
said the certificate and on the clerk's record
thereof of the certificate. The clerk
16shall keep a record of the names of the persons, firms or corporations to whom
such 17contractor's certificates
shall be are issued and of the assignees
thereof of certificates 18when the
fact of assignment is
made known to
such the clerk. Assignments of
such 19contractor's certificates
shall be are invalid unless recorded in the office of the clerk
20of the
municipality local governmental unit and the fact of
such recording
be is 21indorsed on
said the certificate. Upon final payment of the certificate, the
same 22certificate shall be delivered to the treasurer of the
municipality local governmental
23unit and by the treasurer delivered to
such the clerk. On the first of each month, to
24and including December 1, the treasurer shall certify to the clerk a detailed
25statement of all payments made on
such certificates.
AB710, s. 512
1Section
512. 66.54 (6) (c) of the statutes is renumbered 66.0713 (10) and
2amended to read:
AB710,436,83
66.0713
(10) After the expiration of 90 days from the date of
such a contractor's 4certificate
or any general obligation-local improvement bond or special assessment
5B bond
hereinafter provided for, the
same shall be certificate or bond is conclusive
6evidence of the legality of all proceedings up to and including the issue
thereof of the
7certificate or bond and prima facie evidence of the proper construction of the
8improvement.
AB710, s. 513
9Section
513. 66.54 (6) (d) of the statutes is renumbered 66.0713 (2) (c) and
10amended to read:
AB710,436,2411
66.0713
(2) (c) If
said certificates are a contractor's certificate is not paid before
12December 1 in the year in which
they are issued, the comptroller or clerk of the
13municipality local governmental unit shall
thereupon include in the statement of
14special assessments to be placed in the next tax roll an amount sufficient to pay
such
15certificates the certificate, with interest
thereon from the date of
such certificates the
16certificate to
the following January 1
next succeeding, and
thereafter the
same 17proceedings for the collection of that amount shall be the same as the proceedings
18shall be had as in the case for the collection of general property taxes, except as
19otherwise provided in this section
otherwise provided. Such. The delinquent taxes
20shall be returned to the county treasurer in trust for collection and not for credit. All
21moneys collected by the
municipal treasurer
of the local governmental unit or by the
22county treasurer and remitted to the
municipal treasurer
of the local governmental
23unit on account of
such the special assessments shall be delivered to the owner of the
24contractor's certificate on demand.
AB710, s. 514
1Section
514
. 66.54 (7) of the statutes is renumbered 66.0715 (3), and 66.0715
2(3) (title), (a) to (f), (fm) 2. b. and 3. and (g), as renumbered, are amended to read:
AB710,437,73
66.0715
(3) (title)
Annual instalments
of special assessments. (a) The
4governing body of
any municipality a local governmental unit may provide that
5special assessments levied to defray the cost of
any
a public improvement or
a project
6constituting part of a general public improvement, except sprinkling or oiling
7streets, may be paid in annual instalments.
AB710,437,158
(b) The first instalment shall include a proportionate part of the principal of
9the special assessment, determined by the number of instalments, together with
10interest on the whole assessment from
such a date, not
prior to before the date of the
11notice
hereinafter provided for under par. (e), and to
such that date, not later than
12December 31, in the year in which
same the instalment is to be collected as
shall be 13determined by the governing body
, and each. Each subsequent instalment shall
14include
a like the same proportion of the principal and one year's interest
upon on 15the unpaid portion of
such the assessment.
AB710,437,2316
(c) The first instalment shall be entered in the first tax roll prepared after
said 17the instalments
shall have been determined as a special tax on the property upon
18which the special assessment was levied
, and
thereafter this tax shall be treated
in
19all respects as any other
municipal tax
of a local governmental unit, except as
20otherwise provided in this section
otherwise provided. One of the subsequent
21instalments. Each subsequent instalment shall be entered
in a like manner and with
22like effect in each of the
subsequent annual tax rolls
thereafter until all
instalments 23are levied.
AB710,438,324
(d) If any instalment
so entered in the tax roll
shall is not
be paid to the
25municipal treasurer
of the local governmental unit with the other taxes it shall be
1returned to the county as delinquent and accepted and collected by the county in the
2same manner as delinquent general taxes on real estate, except as
otherwise
3provided in this section
otherwise provided.
AB710,438,74
(e)
Whenever If the governing body determines to permit
any special
5assessments for
any a local
improvements improvement to be paid in instalments it
6shall publish a class 1 notice, under ch. 985.
Such
The notice shall be substantially
7in the following form:
AB710,438,88
INSTALMENT ASSESSMENT NOTICE
AB710,438,229
Notice is hereby given that a contract has been (or is about to be) let for (describe
10the improvement) and that the amount of the special assessment
therefor for the
11improvement has been determined as to each parcel of real estate affected
thereby 12and a statement of the
same assessment is on file with the.... clerk; it is proposed to
13collect the
same special assessment in.... instalments, as provided for by section
1466.54 66.0715 of the Wisconsin
statutes Statutes, with interest
thereon at....
per cent 15percent per year; that all assessments will be collected in instalments as
provided 16above
provided except
such assessments on property where the owner
of the same
17shall file files with the.... clerk within 30 days from date of this notice a written notice
18that the owner elects to pay the special assessment on the owner's property,
19describing the
same property, to the.... treasurer on or before the
next succeeding 20following November 1, unless the election is revoked. If, after making
such the 21election,
said the property owner fails to make the payment to the.... treasurer, the....
22clerk shall place the entire assessment on the
next succeeding following tax roll.
AB710,438,2424
.... [Clerk of (name of
municipality local governmental unit)]
AB710,439,4
1(f) After the time for making an initial election
to pay the special assessment
2in full under par. (e) expires,
any the assessment may be paid in full before due
, only 3upon
the payment of
such that portion of the interest to become due
thereon as the
4governing body
shall determine determines.
AB710,439,85
(fm) 2. b. Interest on that amount at the rate used by the
municipality local
6governmental unit for instalment payments under par. (b), covering the period
7between the date that the initial election was made under par. (e) and the date on
8which the instalment is paid.
AB710,439,169
3. If the first instalment has not been paid by property owners under par. (c)
10before the date on which payment in full would have been due for a property owner
11who initially elected to pay the special assessment in one lump sum, the next
12property tax bill sent to a person who revoked his or her initial election to make a
13lump sum payment shall be an amount calculated under par. (b) plus interest on that
14amount at the rate used by the
municipality local governmental unit for instalment
15payments under par. (b), covering the period between the date that the initial
16election was made under par. (e) and the date on which the instalment is paid.
AB710,439,1917
(g) A schedule of the assessments and
assessment instalments
thereof shall be
18recorded in the office of the clerk of the
municipality forthwith local governmental
19unit as soon as practicable.
AB710, s. 515
20Section
515. 66.54 (8) of the statutes is repealed.
Note: Repealed as unnecessary. Authority to issue general obligation-local
improvement bonds and special assessment B bonds is provided independently
in other provisions of renumbered s. 66.54.
AB710, s. 516
21Section
516. 66.54 (9) (title) of the statutes is renumbered 66.0713 (3) (title).
AB710, s. 517
22Section
517. 66.54 (9) (a) of the statutes is renumbered 66.0713 (3) and
23amended to read:
AB710,440,5
166.0713
(3) For the purpose of anticipating the collection of special
2assessments payable in instalments as provided in
this section s. 66.0621 (3) and
3after
such the instalments have been determined, the governing body may issue
4general obligation-local improvement bonds
as more particularly described in this
5subsection under s. 67.16.
AB710, s. 518
6Section
518
. 66.54 (9) (b) and (c) of the statutes are renumbered 67.16 (2) (b)
7and (c) and amended to read:
AB710,441,148
67.16
(2) (b) The issue of
such general obligation-local improvement bonds
9shall be in an amount not
to exceed exceeding the aggregate unpaid special
10assessments levied for the public improvement
which such that the issue is to
11finance. A single issue of
such the bonds may be used to finance one or more different
12local improvements for which special assessments are authorized to be made in the
13same year. Sections 67.035, 67.06, 67.07, 67.08 and 67.11, where not contrary to the
14provisions of this section,
shall be applicable to such apply to the bonds.
Such The 15bonds shall mature in the same number of instalments as
said the underlying special
16assessments, but the date of maturity of each instalment of
said the bonds shall be
17fixed in October, November or December. The first maturity of
such the bonds may
18be in the
second 2nd year following the date of levy of the first instalment of the
19underlying special assessment. At the time
of that the
authorization of such bonds
20are authorized, the governing body of the
municipality local governmental unit shall
21levy a tax upon all the taxable property of
said municipality the local governmental
22unit sufficient to provide for the payment of the principal and interest of
said the 23bonds at maturity
, which. The tax levy
shall be is irrepealable. All collections of
24instalments of the special assessments levied to pay for
such the public
25improvement, either before or after delinquency
thereof, shall be placed by the
1municipal treasurer
of the local governmental unit in a special debt service fund,
2designated and identified for
such the issue of
such the bonds, and shall be used only
3for the payment of
said the bonds and interest of
such the issue. The annual
4instalment of the irrepealable tax levied for the purpose of payment of
such the bonds
5and interest
thereon, on the bonds shall be diminished by the amount on hand in
such 6the debt service fund on November 1 of each tax levy year after deducting any unpaid
7interest and principal due in that year, and
said
the amount
so on hand in
said
the 8fund shall be applied to the payment of the next succeeding instalment of principal
9and interest named on
said the bonds. Any deficiency in the debt service fund for the
10payment of
such the bonds and interest
thereon at maturity shall be paid out of the
11general fund of the
municipality local governmental unit and
such the general fund
12shall be reimbursed from the collection of
such that part of the
aforesaid irrepealable
13tax
as that is actually levied. Any surplus in
said the debt service fund after all bonds
14and interest
thereon are fully paid
, shall be paid into the general fund.
AB710,441,1815
(c) If any instalment of the
aforesaid special assessment
so that is entered in
16the tax roll
shall is not be paid to the
municipal treasurer
of the local governmental
17unit with the other taxes, it shall be returned to the county treasurer as delinquent
18in trust for collection.
Note: Provisions of s. 66.54 relating to general obligation-local improvement
bonds are relocated to ch. 67, relating to general obligation debt. See, also,
Section 623 of this bill.
AB710, s. 519
19Section
519. 66.54 (10) and (11) of the statutes are renumbered 66.0713 (4)
20and (5) and amended to read:
AB710,442,321
66.0713
(4) Special assessment B bonds. (a) For the purpose of anticipating
22the collection of special assessments payable in instalments, as provided in
this
23section s. 66.0715 (3) and after
said the instalments have been determined, the
1governing body may issue special assessment B bonds payable out of the proceeds
2of
such the special assessments as provided in this section.
Such The bonds
shall in
3no event be are not a general
municipal liability
of the local governmental unit.
AB710,442,174
(b) The issue of
such special assessment B bonds shall be in an amount not
to
5exceed exceeding the aggregate unpaid special assessments levied for the public
6improvement
which such that the issue is to finance. A separate bond shall be issued
7for each separate assessment and
said the bond shall be secured by and be payable
8out of only the assessment against which it is issued.
Such The bonds shall mature
9in the same number of instalments as
said the underlying special assessments.
Such 10The bonds shall carry coupons equal in number to the number of special assessments
,
11which. The coupons shall be detachable and entitle the owner
thereof of the bond to
12the payment of principal and interest collected on the underlying special
13assessments.
Such The bond shall be executed as provided in s. 67.08 (1) and may
14be registered under s. 67.09. Each bond shall include a statement that it is payable
15only out of the special assessment on the particular property against which it is
16issued and the purpose for which
same the assessment was levied and
such other
17provisions
as that the governing body
shall deem proper to insert inserts.
AB710,443,218
(ba) Payments of principal and interest shall conform as nearly as
may be 19possible to the payments to be made on the instalments of the assessment, and the
20principal and interest to be paid on the bonds shall not exceed the principal and
21interest to be received
, on the assessment. All collections of instalments of the special
22assessments levied to pay for
such the public improvement, either before or after
23delinquency
thereof, shall be placed by the
municipal treasurer
of the local
24governmental unit in a special debt service fund designated and identified for
such 25the bond issue
of bonds and shall be used only for the payment of
said the bonds and
1interest of
such the issue. Any surplus in
said the debt service fund after all bonds
2and interest
thereon are fully paid
, shall be paid into the general fund.
AB710,443,113
(c)
Such Special assessment B bonds
must shall be registered in the name of
4the owner
thereof on the records of the clerk of the
municipality by which said bonds
5were local governmental unit that issued
the bonds. Upon transfer of the ownership
6of
such the bonds the
fact of such transfer
must shall be noted upon the bond and on
7the record of the clerk of
such municipality the local governmental unit. Any transfer
8not so recorded
shall be null and is void and the clerk of the
municipality shall be
9entitled to local governmental unit may make payments of principal and interest to
10the owner of the bond as registered on the books of the
municipality local
11governmental unit.
AB710,443,2112
(d) Principal and interest collected on the underlying special assessments
as
13well as and interest collected on the delinquent special assessments and on
14delinquent tax certificates issued
therefor for the delinquent assessments shall be
15paid by the treasurer of the
municipality local governmental unit out of the debt
16service fund created for the issue of
such the bonds to the registered holder
thereof 17of the bonds upon the presentation and surrender of the coupons due attached to
said 18the bonds. If any instalment of the
aforesaid special assessment entered in the tax
19roll
shall is not
be paid to the
municipal treasurer
of the local governmental unit with
20the other taxes, it shall be returned to the county treasurer as delinquent in trust for
21collection.
AB710,444,322
(e) If the tax certificate resulting from the delinquent special assessment is
23redeemed by any person
, firm or corporation other than the county, the county
24treasurer shall pay to the
municipality, local governmental unit the full amount
25received
therefor for the tax certificate, including interest, and the
municipal
1treasurer
of the local governmental unit shall
thereupon then pay the amount of
such 2the remittance into a special debt service fund created for the payment of
such the 3special assessment B bonds.
AB710,444,9
4(5) Area grouping of Area-grouped special assessments assessment B bonds. 5(a)
Whenever If the governing body determines to issue
special assessment B bonds
6pursuant to subs. (9) and (10) under sub. (4), it may group the special assessments
7levied against benefited lands and issue
such of the bonds against
such the special
8assessments
so grouped as a whole. All
such of the bonds shall be equally secured
9by
such the assessments without priority one over the other.
AB710,444,1110
(b)
The All of the following
provisions shall be applicable apply to area-grouped
11special assessment B bonds issued under this section:
AB710,444,1712
1. For the purpose of anticipating the collection of special assessments payable
13in instalments under this section and after
said
the instalments have been
14determined, the governing body may issue area-grouped special assessment B bonds
15payable out of the proceeds of
such the special assessments as provided
herein. Such 16under sub. (4). The bonds
shall in no event be are not a general
municipal liability
17of the local governmental unit.
AB710,445,218
2. The issue of
such the bonds shall be in an amount not
to exceed exceeding 19the aggregate unpaid special assessments levied for the public improvement or
20projects which
such the issue is to finance.
Such The bonds shall mature over
21substantially the same period of time in which the special assessment instalments
22are to be paid.
Such The bonds shall be bearer bonds or may be registered bonds
23under s. 67.09. The bonds shall be executed as provided in s. 67.08 (1) and shall
24include a statement that they are payable only from the special debt service fund
25provided for in subd. 4. and a fund created under sub.
(15) (7) for the collection and
1payment of
such the special assessment and
such any other provisions
as that the
2governing body deems proper to insert.
AB710,445,113
4. All collections of principal and interest on the underlying special
4assessments and instalments
thereof, either before or after delinquency and after
5issuance of a tax certificate under s. 74.57, shall be placed by the
municipal treasurer
6of the local governmental unit in a special debt service fund created, designated and
7identified for the issue of
such the bonds and used only for payment of
said the bonds
8and interest
thereon on the bonds to the holders of the bonds or coupons in
9accordance with the terms of the issue. Any surplus in the debt service fund, after
10all bonds and interest
thereon on the bonds are fully paid, shall be paid into the
11general fund.
AB710,445,1712
5. If the tax certificate is redeemed by any person other than the county, the
13county treasurer shall pay to the
municipality local governmental unit the full
14amount received
therefor for the certificate, including interest, and the
municipal 15treasurer
of the local governmental unit shall
thereupon pay the amount of
such the 16remittance into the special debt service fund created for the payment of
such the 17bonds.
AB710,445,2318
7. A holder of the bonds or of any coupons attached
thereto shall have to the
19bonds has a lien against the special debt service fund created under subd. 4. for
20payment of
said the bonds and interest
thereon on the bonds and against any reserve
21fund created under sub.
(15) (7) and may either at law or in equity protect and enforce
22such the lien and compel performance of all duties required by this section of the
23municipality local governmental unit issuing
said the bonds.
AB710, s. 520
24Section
520
. 66.54 (12) (title) of the statutes is renumbered 66.0719 (title).
AB710, s. 521
1Section
521. 66.54 (12) of the statutes is renumbered 66.0719 (2) and amended
2to read:
AB710,446,143
66.0719
(2) If a special assessment is levied for any public improvement, any
4amount collected on that special assessment or received from the county shall be
5deposited in the general fund of the
municipality
local governmental unit if the
6payment for the improvement was made out of its general fund, deposited in the
7funds and accounts of a public utility established under s.
66.066 66.0621 (2) (c) if
8such the improvement was paid out of the proceeds of revenue obligations of the
9municipality local governmental unit or deposited in the debt service fund required
10for the payment of bonds or notes issued under ch. 67 if
such the improvement was
11paid out of the proceeds
thereof of the bonds or notes. That special assessment, when
12delinquent, shall be returned in trust for collection and the
municipality shall have 13local governmental unit has the same rights as provided in
sub. (9) (c) s. 66.0713 (3)
14(c).
AB710, s. 522
15Section
522. 66.54 (15) and (15m) of the statutes are renumbered 66.0713 (7)
16and (8) and amended to read:
AB710,447,217
66.0713
(7) Reserve fund for special assessment B bonds and refunding B
18bonds. If the governing body determines to issue special assessment B bonds under
19sub.
(10) (4) or refunding B bonds under sub.
(16) (6), it may establish in its treasury
20a fund to be designated as a reserve fund for the particular bond issue
, to be
21maintained until
such the obligation is paid or otherwise extinguished. Any surplus
22in the reserve fund after all the bonds have been paid or canceled shall be carried into
23the general fund of the
municipal local governmental unit's treasury. The source of
24said the fund shall be established either from proceeds of the bonds, the general fund
25of the
municipal local governmental unit's treasury or by the levy of an irrepealable
1and irrevocable general tax.
Such The bonds
shall in no event be are not a general
2municipal liability
of the local governmental unit.
AB710,447,9
3(8) Payment of B bonds from tax levy. Any
municipality local governmental
4unit authorized to issue special assessment B bonds, in addition to the special
5assessments or bond proceeds or other sources, may appropriate funds out of its
6annual tax levy for the payment of the bonds. The payment of
such the bonds out of
7funds from a tax levy
, however, may not be construed as constituting an obligation
8of
such municipality the local governmental unit to make any other such
9appropriation.
AB710, s. 523
10Section
523. 66.54 (16) of the statutes is renumbered 66.0713 (6) and amended
11to read:
AB710,448,512
66.0713
(6) Refunding B bonds. Any municipality A local governmental unit 13may issue refunding B bonds to refund any outstanding special assessment B bonds
14issued under sub.
(10) or (11). These (4) or (5). The refunding B bonds shall be
15secured by and payable only from the special assessments levied to pay for the public
16improvements financed by the bonds to be refunded, and
shall are not
be a general
17municipal liability
of the local governmental unit. If bonds issued under sub.
(10) (4) 18are to be refunded, the provisions of sub.
(10) (4) (b) to (e)
shall apply to the refunding
19B bonds; if bonds issued under sub.
(11) (5) are to be refunded, the provisions of sub.
20(11) (5) (b)
shall apply to the refunding B bonds. If the governing body determines
21that it is necessary to amend the prior assessments in connection with the issuance
22of refunding B bonds under this section, it may reconsider and reopen the
23assessments under s.
66.60 66.0703 (10). The notice and hearing
provided for under
24s.
66.60 66.0703 (10) may be waived under s.
66.60 (18) 66.0703 (7) (b) by the owners
25of the property affected. If the assessments are amended, the refunding B bonds
1shall be secured by and payable from the special assessments as amended. If the
2assessments are amended, all direct and indirect costs reasonably attributable to the
3refunding of the bonds may be included in the cost of the public improvements being
4financed. If the governing body determines to issue refunding B bonds, it may create
5a reserve fund for the issue under sub.
(15) (7).
AB710, s. 524
6Section
524. 66.55 of the statutes is renumbered 66.0617.
AB710, s. 525
7Section
525. 66.60 (title) of the statutes is renumbered 66.0703 (title) and
8amended to read:
AB710,448,9
966.0703 (title)
Special assessments and charges, generally.
AB710, s. 526
10Section
526. 66.60 (1), (2), (3) and (4) of the statutes are renumbered 66.0703
11(1), (4), (5) and (6), and 66.0703 (1), (4), (5) (intro.), (c) (intro.) and 3. and (d) and (6),
12as renumbered, are amended to read:
AB710,448,1913
66.0703
(1) (a) Except as provided in
sub. (6m) s. 66.0721, as a complete
14alternative to all other methods provided by law, any city, town or village may, by
15resolution of its governing body, levy and collect special assessments upon property
16in a limited and determinable area for special benefits conferred upon
such the 17property by any municipal work or improvement; and may provide for the payment
18of all or any part of the cost of the work or improvement out of the proceeds of
such 19the special assessments.
AB710,448,2520
(b) The amount assessed against any property for any work or improvement
21which does not represent an exercise of the police power
shall may not exceed the
22value of the benefits accruing to the property
therefrom, and for those representing.
23If an assessment represents an exercise of the police power, the assessment shall be
24upon a reasonable basis as determined by the governing body of the city, town or
25village.