AB853,24,2525
(e) Grant concessions.
AB853,25,4
1(5) Employ personnel, and fix and regulate their compensation; and provide,
2either directly or subject to an agreement under s. 66.30 as a participant in a benefit
3plan of another governmental entity, other than a benefit plan provided under ch. 40,
4any employe benefits, including an employe pension plan.
AB853,25,8
5(6) Purchase insurance, establish and administer a plan of self-insurance or,
6subject to an agreement with another governmental entity under s. 66.30,
7participate in a governmental plan of insurance or self-insurance, other than a plan
8provided under ch. 40.
AB853,25,10
9(7) Mortgage, pledge or otherwise encumber the district's revenue, property or
10funds.
AB853,25,17
11(8) (a) Issue revenue bonds under s. 66.066, subject to ss. 229.849 to 229.853,
12and enter into agreements related to the issuance of bonds by the district or, for
13purposes related to the district, by the Wisconsin Health and Educational Facilities
14Authority or a community development authority created under s. 66.4325,
15including liquidity and credit facilities, remarketing agreements, insurance policies,
16guaranty agreements, letter of credit or reimbursement agreements, indexing
17agreements, interest exchange agreements and currency exchange agreements.
AB853,25,1918
(b) Contract short term obligations, and pledge the full faith and credit of the
19district for repayment of those obligations.
AB853,25,2320
(c) No director, employe of the district nor any other person executing any
21agreements with respect to any bonds or other obligations under this subsection is
22personally liable on the obligations subject to any personal liability or accountability
23by reason of the issuance of such obligations.
AB853,25,25
24(9) Maintain funds and invest the funds in any investment that the district
25board considers appropriate.
AB853,26,2
1(10) Promote, advertise and publicize its cultural arts facilities and related
2cultural arts activities.
AB853,26,5
3(11) Set standards governing the use of, and the conduct within, its cultural
4arts facilities in order to promote public safety and convenience and to maintain
5order.
AB853,26,8
6(12) Establish and collect fees, and establish shared revenue arrangements or
7other charges for the use of its cultural arts facilities or for services rendered by the
8district.
AB853,26,10
9(13) Enter into partnerships, joint ventures, common ownership or other
10arrangements with other persons to further the district's purposes.
AB853,26,12
11(14) Solicit and accept gifts, loans, grants of land or other property and other
12aid, and agree to conditions with respect to such gifts, loans, grants or other aid.
AB853,26,14
13(15) Administer the receipt of revenues, and oversee the repayment of debt
14contracted by the district.
AB853,26,15
15(16) Adopt and alter an official seal.
AB853,27,4
16(17) Direct its agents or employes, if properly identified in writing, to enter
17upon any real property, that the district has the authority to condemn or that the
18redevelopment authority has the authority to condemn on behalf of the district, to
19make surveys and examinations before locating or constructing cultural arts
20facilities, without incurring liability by the district, its agents or employes except for
21actual damage done. Before directing anyone to enter real property under this
22subsection, the district shall give the owner and occupant of the property at least 5
23days' written notice. If the owner or occupant does not consent to the entry, the
24district may petition the circuit court for the county in which the property is located
25for an order permitting entry upon the property. The district shall serve a copy of the
1petition upon the owner and occupant. Before issuing an order, the court shall
2require the district to demonstrate the necessity of the entry and shall examine the
3reasonableness of the proposed scope, time, place and manner of the entry. The court
4may impose appropriate limitations upon the entry in its order.
AB853,27,6
5(18) Provide money or other property, by sale, loan, lease, grant, gift or other
6form of transfer, to any other person.
AB853,27,7
7229.845 Minority contracting goals. (1) In this section:
AB853,27,88
(a) "Minority business" has the meaning given in s. 560.036 (1) (e).
AB853,27,119
(b) "Women's business" means a sole proprietorship, partnership, joint venture,
10limited liability company or corporation that is at least 51% owned, controlled and
11actively managed by women.
AB853,27,16
12(2) It shall be a goal of the district, in awarding construction work and
13professional services contracts related to cultural arts facilities, that at least 5% of
14the aggregate dollar value of such contracts awarded by the district shall be awarded
15to minority businesses and at least 5% of the aggregate dollar value of such contracts
16awarded by the district shall be awarded to women's businesses.
AB853,27,18
17229.846 Powers granted to a sponsoring city. In addition to any powers
18that it may otherwise have, a sponsoring city may do any of the following:
AB853,27,20
19(1) Make grants, gifts or loans of any kind of property, or provide any other form
20of assistance, to a district upon terms that the sponsoring city considers appropriate.
AB853,27,21
21(2) Expend public funds to subsidize a district.
AB853,27,23
22(3) Borrow money under ss. 67.04 and 67.12 (12) for cultural arts facilities or
23to fund grants, loans or subsidies to a district.
AB853,27,25
24(4) Audit the financial records of a district. The sponsoring city may conduct
25the audit itself or may contract for the audit to be performed by any other person.
AB853,28,3
1(5) Fix and collect a sum to be paid annually, in lieu of property taxes, by the
2district except that the sum may not exceed the amount that would be levied by the
3city as a property tax on the property that is exempted under s. 70.11 (40).
AB853,28,8
4(6) If the district's sponsoring city is not a 1st class city, enact an ordinance or
5adopt a resolution that expands or contracts the area within the district's jurisdiction
6in which the district board may exercise its power of eminent domain, except that a
7sponsoring city may not remove from that area any property that was included in the
8resolution under s. 229.842 (1) (c).
AB853,28,12
9229.847 Dissolution of a district. Subject to providing for the payment of
10its bonds or other debts that it has incurred, including interest on the bonds or other
11debts, and the performance of its other contractual obligations, a district may be
12dissolved by one of the following methods:
AB853,28,13
13(1) By a law enacted by this state.
AB853,28,15
14(2) If the sponsoring city is not a 1st class city, by the unanimous action of the
15district board.
AB853,28,17
16(3) If the sponsoring city is a 1st class city, by any means described in the initial
17resolution under which the 1st class city created the district.
AB853,29,2
18229.848 Transfers; transfer agreements. (1) If a district is dissolved under
19s. 229.847, the property of the district shall be transferred either to the sponsoring
20city or to an entity described either in section 170 (c) (1) or in both sections
170 (c)
21(2) and
501 (c) (3) of the Internal Revenue Code. If the sponsoring city is a 1st class
22city, the specific entity to which the district's property shall be transferred upon
23dissolution shall be specified in the initial resolution under which the 1st class city
24created the district. If the sponsoring city is not a 1st class city, the district board
1shall determine the entity to which the district's property shall be transferred upon
2dissolution.
AB853,29,8
3(2) A sponsoring city and a district board may enter into a transfer agreement
4to provide the terms and conditions upon which the sponsoring city or the district
5board may transfer any interests in an existing or proposed cultural arts facility, or
6any other property interests owned by either party, to the other party to the
7agreement. A transfer may take the form of a sale, lease, or other conveyance and
8may be with or without financial consideration.
AB853,29,16
9229.849 District bonds and debt not public debt. (1) Neither the state nor
10the sponsoring city is liable on bonds or other debt of the district and the bonds and
11other debt of the district are not a debt of the state or the sponsoring city. All bonds
12and other debt of the district shall contain on the face of the bond or the debt
13instrument a statement to this effect. The issuance of bonds or the incurrence of
14other debt by the district shall not, directly or indirectly or contingently, obligate the
15state or the sponsoring city to levy any form of taxation therefor or to make any
16appropriation for the payment of the bonds or other debt.
AB853,30,3
17(2) Nothing in this subchapter authorizes the district to create a debt of the
18state or the sponsoring city, and all bonds issued by the district and all other debt
19incurred by the district are payable, and shall state that they are payable, solely from
20the funds pledged for their payment in accordance with the resolution authorizing
21their issuance or incurrence or in any trust indenture or mortgage or deed of trust
22executed as security for the bonds or other debt. Neither the state nor the sponsoring
23city shall in any event be liable for the payment of the principal of or interest on any
24bonds or other debt of the district or for the performance of any pledge, mortgage,
25obligation or agreement that may be undertaken by the district. No breach of any
1such pledge, mortgage, obligation or agreement may impose any pecuniary liability
2upon the state or the sponsoring city or any charge upon the state's or the sponsoring
3city's general credit or against the state's or the sponsoring city's taxing power.
AB853,30,9
4229.850 Special fund for payment of principal and interest costs on
5certain bonds. The district may maintain a special fund into which it deposits any
6income or property of the district that is used for the payment of principal and
7interest costs of bonds issued by the district or by the Wisconsin Health and
8Educational Facilities Authority or by a community development authority created
9under s. 66.4325 for purposes related to the district.
AB853,30,18
10229.851 State pledge. The state pledges to and agrees with the holders of any
11bond issued by the district or other debt incurred by the district, and with those
12parties who may enter into contracts with the district, that the state will not limit
13or alter the rights vested in the district by this subchapter until such bonds or other
14debt, together with the interest on the bonds and other debt, are fully met and
15discharged and such contracts are fully performed on the part of the district, but
16nothing shall preclude such a limitation or alteration if adequate provision is made
17by law for the protection of the holders of such bonds or other debt or those entering
18into such contracts.
AB853,30,20
19229.852 Pledge of revenues. A district may pledge the revenues derived, or
20to be derived, from any cultural arts facility for any of the following purposes:
AB853,30,21
21(1) The payment of administrative costs and expenses of the district.
AB853,30,23
22(2) The payment of the principal of, the premium on, if any, and the interest
23on outstanding bonds and other debt of the district.
AB853,30,25
24(3) The creation and maintenance of a special fund or reserves with respect to
25bonds issued by the district.
AB853,31,8
1229.853 Trust funds. All moneys received by the district under this
2subchapter, whether as proceeds from the issuance of bonds or the incurrence of
3other debt or as revenues, shall be considered to be trust funds to be held and applied
4solely as provided in this subchapter. Any officer with whom, or any bank or trust
5company with which, the moneys are deposited shall act as trustee of the moneys and
6shall hold and apply the same for the purposes of this subchapter, subject to such
7regulations as this subchapter and any bond resolution or debt agreement
8authorizing the bonds or debt may provide.
AB853,31,13
9229.854 Sponsoring city employment regulations. Any ordinance of a
10sponsoring city that regulates employment relations or practices of all private
11employers, generally, shall apply to employes of the district, unless the sponsoring
12city's common council excludes the application of such an ordinance to the district's
13employes.
AB853, s. 41
14Section
41. 230.03 (3) of the statutes is amended to read:
AB853,31,2315
230.03
(3) "Agency" means any board, commission, committee, council or
16department in
the state
government or
a unit thereof created by the constitution or
17statutes if such board, commission, committee, council, department, unit or the head
18thereof, is authorized to appoint subordinate staff by the constitution or statute,
19except a legislative or judicial board, commission, committee, council, department or
20unit thereof or an authority created under ch. 231, 232, 233, 234 or 235.
"Agency"
21does not mean any local unit of government or body within one or more local units
22of government that is created by law or by action of one or more local units of
23government.
AB853, s. 42
24Section
42. 231.01 (4) (a) of the statutes is amended to read:
AB853,32,7
1231.01
(4) (a) "Cost" means the sum of all costs incurred by a participating
2health institution, participating educational institution
, participating cultural arts
3district or participating child care provider, as approved by the authority, as are
4reasonable and necessary to accomplish the project, exclusive of any private or
5federal, state or local financial assistance received by the participating health
6institution, participating educational institution
, participating cultural arts district 7or participating child care provider for the payment of the project cost.
AB853, s. 43
8Section
43. 231.01 (4) (b) 1. of the statutes is amended to read:
AB853,32,169
231.01
(4) (b) 1. The cost incurred by or on behalf of the participating health
10institution, participating educational institution
, participating cultural arts district 11or participating child care provider of all necessary developmental, planning and
12feasibility studies, surveys, plans and specifications, architectural, engineering,
13legal or other special services, the cost of acquisition of land and any buildings and
14improvements on the land, site preparation and development including demolition
15or removal of existing structures, construction, reconstruction and equipment,
16including machinery, fixed equipment and personal property.
AB853, s. 44
17Section
44. 231.01 (4) (b) 2. of the statutes is amended to read:
AB853,32,2118
231.01
(4) (b) 2. The reasonable cost of financing incurred by a participating
19health institution, participating educational institution
, participating cultural arts
20district or participating child care provider in the course of the development of the
21project to the occupancy date.
AB853, s. 45
22Section
45. 231.01 (4) (c) of the statutes is amended to read:
AB853,33,523
231.01
(4) (c) All rents and other net revenues from the operation of the real
24property, improvements or personal property on the project site by a participating
25health institution, participating educational institution
, participating cultural arts
1district or participating child care provider on and after the date on which the
2contract between a participating health institution, participating educational
3institution
, participating cultural arts district or participating child care provider
4and the authority was entered into, but prior to the occupancy date, shall reduce the
5sum of all costs in this subsection.
AB853, s. 46
6Section
46. 231.01 (4g) of the statutes is created to read:
AB853,33,87
231.01
(4g) "Cultural arts district" means a local cultural arts district created
8under subch. V of ch. 229.
AB853, s. 47
9Section
47. 231.01 (4h) of the statutes is created to read:
AB853,33,1010
231.01
(4h) "Cultural arts facility" has the meaning given in s. 229.841 (5).
AB853, s. 48
11Section
48. 231.01 (5t) of the statutes is created to read:
AB853,33,1512
231.01
(5t) "Participating cultural arts district" means a cultural arts district
13that undertakes the financing and construction or acquisition of a project or
14undertakes the refunding or refinancing of obligations or of a mortgage or of
15advances as provided in this chapter.
AB853, s. 49
16Section
49. 231.01 (7) (a) 1. of the statutes is amended to read:
AB853,33,2017
231.01
(7) (a) 1. A specific health facility, educational facility
, cultural arts
18facility or child care center work or improvement to be refinanced, acquired,
19constructed, enlarged, remodeled, renovated, improved, furnished or equipped by
20the authority with funds provided in whole or in part under this chapter.
AB853, s. 50
21Section
50. 231.01 (7) (a) 2. of the statutes is amended to read:
AB853,34,222
231.01
(7) (a) 2. One or more structures suitable for use as a child care center,
23health facility,
cultural arts facility, laboratory, laundry, nurses' or interns' residence
24or other multi-unit housing facility for staff, employes, patients or relatives of
1patients admitted for treatment or care in a health facility, physician's facility,
2administration building, research facility, maintenance, storage or utility facility.
AB853, s. 51
3Section
51. 231.01 (7) (a) 4. of the statutes is amended to read:
AB853,34,74
231.01
(7) (a) 4. Any structure useful for the operation of a health facility,
5educational facility
, cultural arts facility or child care center, including facilities or
6supporting service structures essential or convenient for the orderly conduct of the
7health facility, educational facility
, cultural arts facility or child care center.
AB853, s. 52
8Section
52. 231.01 (7) (c) of the statutes is amended to read:
AB853,34,139
231.01
(7) (c) "Project" may include any combination of projects undertaken
10jointly by any participating health institution, participating educational institution
,
11participating cultural arts district or participating child care provider with one or
12more other participating health institutions, participating educational institutions
,
13participating cultural arts districts or participating child care providers.
AB853, s. 53
14Section
53. 231.02 (6) (b) of the statutes is amended to read:
AB853,35,1515
231.02
(6) (b) Notwithstanding any other provision of law, it is not a conflict
16of interest or violation of this section or of any other law for a trustee, director, officer
17or employe of a participating health institution, participating educational
18institution
, participating cultural arts district or participating child care provider or
19for a person having the required favorable reputation for skill, knowledge and
20experience in state and municipal finance or for a person having the required
21favorable reputation for skill, knowledge and experience in the field of health facility,
22educational facility
, cultural arts facility or child care center architecture to serve as
23a member of the authority; if in each case to which par. (a) is applicable, the trustee,
24director, officer or employe of the participating health institution, participating
25educational institution
, participating cultural arts district or participating child
1care provider abstains from discussion, deliberation, action and vote by the authority
2in specific respect to any undertaking pursuant to this chapter in which his or her
3participating health institution, participating educational institution
, participating
4cultural arts district or participating child care provider has an interest, or the
5person having the required favorable reputation for skill, knowledge and experience
6in state and municipal finance abstains from discussion, deliberation, action and
7vote by the authority in specific respect to any sale, purchase or ownership of bonds
8of the authority in which any business of which such person is a participant, owner,
9officer or employe has a past, current or future interest, or such person having the
10required favorable reputation for skill, knowledge and experience in the field of
11health facility, educational facility
, cultural arts facility or child care center
12architecture abstains from discussion, deliberation, action and vote by the authority
13in specific respect to construction or acquisition of any project of the authority in
14which any business of which such person is a participant, owner, officer or employe
15has a past, current or future interest.
AB853, s. 54
16Section
54. 231.03 (5) of the statutes is amended to read:
AB853,36,717
231.03
(5) Determine the location and character of any project to be financed
18under this chapter, and construct, reconstruct, remodel, maintain, enlarge, alter, add
19to, repair, lease as lessee or lessor and regulate the same, enter into contracts for any
20such purpose, enter into contracts for the management and operation of a project or
21other health facilities, educational facilities
, cultural arts facilities or child care
22centers owned by the authority, and designate a participating health institution,
23participating educational institution
, participating cultural arts district or
24participating child care provider as its agent to determine the location and character
25of a project undertaken by the participating health institution, participating
1educational institution
, participating cultural arts district or participating child
2care provider under this chapter and as the agent of the authority, to construct,
3reconstruct, remodel, maintain, manage, enlarge, alter, add to, repair, operate, lease
4as lessee or lessor and regulate the same, and as the agent of the authority, to enter
5into contracts for any such purpose, including contracts for the management and
6operation of such project or other health facilities, educational facilities
, cultural arts
7facilities or child care centers owned by the authority.
AB853, s. 55
8Section
55. 231.03 (6) (g) of the statutes is created to read:
AB853,36,99
231.03
(6) (g) Finance any project undertaken for a cultural arts facility.
AB853, s. 56
10Section
56. 231.03 (6) (h) of the statutes is created to read:
AB853,36,1211
231.03
(6) (h) Refinance outstanding debt of any participating cultural arts
12district.
AB853, s. 57
13Section
57. 231.03 (7) of the statutes is amended to read:
AB853,36,2014
231.03
(7) Fix and revise from time to time and charge and collect rates, rents,
15fees and charges for the use of and for the services furnished or to be furnished by
16a project or other health facilities, educational facilities
, cultural arts facilities or
17child care centers owned by the authority or any portion thereof, contract with any
18person in respect thereto and coordinate its policies and procedures and cooperate
19with recognized health facility, educational facility
, cultural arts facility or child care
20center rate setting mechanisms.
AB853, s. 58
21Section
58. 231.03 (8) of the statutes is amended to read:
AB853,37,1022
231.03
(8) Adopt rules for the use of a project or other health facility,
23educational facility
, cultural arts facility or child care center or any portion of the
24project or facility owned, financed or refinanced in whole or in part by the authority,
25including any property used as security for a loan secured through, from or with the
1assistance of the authority. The authority may designate a participating health
2institution, participating educational institution
, participating cultural arts district 3or participating child care provider as its agent to establish rules for the use of a
4project or other health facilities, educational facilities
, cultural arts facilities or child
5care centers undertaken for that participating health institution, participating
6educational institution
, participating cultural arts district or participating child
7care provider. The rules shall ensure that a project, health facility, educational
8facility,
cultural arts facility, child care center or property may not be used primarily
9for sectarian instruction or study or as a place for devotional activities or religious
10worship.
AB853, s. 59
11Section
59. 231.03 (11) of the statutes is amended to read:
AB853,37,2312
231.03
(11) Establish or contract with others to carry out on its behalf a health
13facility, educational facility
, cultural arts facility or child care center project cost
14estimating service, and make this service available on all projects to provide expert
15cost estimates and guidance to the participating health institution, participating
16educational institution
, participating cultural arts district or participating child
17care provider and to the authority. To implement this service and, through it, to
18contribute to cost containment, the authority may require such reasonable reports
19and documents from health facility, educational facility
, cultural arts facility or child
20care center projects as are required for this service and for the development of cost
21reports and guidelines. The authority shall appoint a technical committee on health
22facility, educational facility
, cultural arts facility or child care center project costs and
23cost containment.
AB853, s. 60
24Section
60. 231.03 (13) of the statutes is amended to read:
AB853,38,13
1231.03
(13) Make loans to any participating health institution, participating
2educational institution
, participating cultural arts district or, before May 1, 2000,
3participating child care provider for the cost of a project in accordance with an
4agreement between the authority and the participating health institution,
5participating educational institution
, participating cultural arts district or
6participating child care provider. The authority may secure the loan by a mortgage
7or other security arrangement on the health facility, educational facility
, cultural
8arts facility or child care center granted by the participating health institution,
9participating educational institution
, participating cultural arts district or
10participating child care provider to the authority. The loan may not exceed the total
11cost of the project as determined by the participating health institution,
12participating educational institution
, participating cultural arts district or
13participating child care provider and approved by the authority.
AB853, s. 61
14Section
61. 231.03 (14) of the statutes is amended to read:
AB853,38,2215
231.03
(14) Make loans to a health facility, educational facility
, cultural arts
16facility or, before May 1, 2000, child care center for which bonds may be issued under
17sub. (6) (b), (d)
or, (f)
or (h) to refinance the health facility's, educational facility's
,
18cultural arts facility's or child care center's outstanding debt. The authority may
19secure the loan or bond by a mortgage or other security arrangement on the health
20facility, educational facility
, cultural arts facility or child care center granted by the
21participating health institution, participating educational institution
, participating
22cultural arts district or participating child care provider to the authority.
AB853, s. 62
23Section
62. 231.03 (15) of the statutes is amended to read:
AB853,39,624
231.03
(15) Mortgage all or any portion of a project and other health facilities,
25educational facilities
, cultural arts facilities or child care centers and the site thereof,
1whether owned or thereafter acquired, for the benefit of the holders of bonds issued
2to finance the project, health facilities, educational facilities
, cultural arts facilities 3or child care centers or any portion thereof or issued to refund or refinance
4outstanding indebtedness of participating health institutions, educational
5institutions
, participating cultural arts districts or child care providers as permitted
6by this chapter.
AB853, s. 63
7Section
63. 231.03 (16) of the statutes is amended to read: