66.1105(6)(g)1.1. After the date on which a tax incremental district created by a city pays off the aggregate of all of its project costs, and notwithstanding the time at which such a district would otherwise be required to terminate under
sub. (7), a city may extend the life of the district for one year if the city does all of the following:
66.1105(6)(g)1.a.
a. The city adopts a resolution extending the life of the district for a specified number of months. The resolution shall specify how the city intends to improve its housing stock, as required in
subd. 3.
66.1105(6)(g)1.b.
b. The city forwards a copy of the resolution to the department of revenue, notifying the department that it must continue to authorize the allocation of tax increments to the district under
par. (a).
66.1105(6)(g)2.
2. If the department of revenue receives a notice described under
subd. 1. b., it shall continue authorizing the allocation of tax increments to the district under
par. (a) during the district's life, as extended by the city, as if the district's costs had not been paid off and without regard to whether any of the time periods specified in
par. (a) 2. to
8. would otherwise require terminating the allocation of such increments.
66.1105(6)(g)3.
3. If a city receives tax increments as described in
subd. 2., the city shall use at least 75 percent of the increments received to benefit affordable housing in the city. The remaining portion of the increments shall be used by the city to improve the city's housing stock.
66.1105(6c)(a)(a) Any person who operates for profit and is paid project costs under
sub. (2) (f) 1. a.,
d.,
j. and
k. in connection with the project plan for a tax incremental district shall notify the department of workforce development and the local workforce development board established under
29 USC 2832, of any positions to be filled in the county in which the city which created the tax incremental district is located during the period commencing with the date the person first performs work on the project and ending one year after receipt of its final payment of project costs. The person shall provide this notice at least 2 weeks prior to advertising the position.
66.1105(6c)(b)
(b) Any person who operates for profit and buys or leases property in a tax incremental district from a city for which the city incurs real property assembly costs under
sub. (2) (f) 1. c. shall notify the department of workforce development and the local workforce development board established under
29 USC 2832, of any position to be filled in the county in which the city creating the tax incremental district is located within one year after the sale or commencement of the lease. The person shall provide this notice at least 2 weeks prior to advertising the position.
66.1105(6m)(a)(a) The city shall cause a certified public accountant to conduct audits of each tax incremental district to determine if all financial transactions are made in a legal and proper manner and to determine if the tax incremental district is complying with its project plan and with this section. Any city that creates a tax incremental district under this section and has an annual general audit may include the audits required under this subsection as part of the annual general audit.
66.1105(6m)(b)1.
1. Twelve months after 30 percent of the project expenditures are made;
66.1105(6m)(b)3.
3. Twelve months after the termination of the tax incremental district under
sub. (7).
66.1105(6m)(c)
(c) The city shall prepare and make available to the public updated annual reports describing the status of each existing tax incremental district, including expenditures and revenues. The city shall file a copy of the report with each overlying district and the department of revenue by July 1 annually. The copy of the report filed with the department of revenue shall be in electronic format. The annual report shall contain at least all of the following information:
66.1105(6m)(c)3.
3. The name of any developer who is named in a developer's agreement with the city or who receives any financial assistance from tax increments allocated for the tax incremental district.
66.1105(6m)(c)4.
4. The date that the city expects the tax incremental district to terminate under
sub. (7).
66.1105(6m)(c)5.
5. The amount of tax increments to be deposited into a special fund for that district under
sub. (6) (c).
66.1105(6m)(c)6.
6. An analysis of the special fund under
sub. (6) (c) for the district. The analysis shall include all of the following:
66.1105(6m)(c)6.a.
a. The balance in the special fund at the beginning of the fiscal year.
66.1105(6m)(c)6.b.
b. All amounts deposited in the special fund by source, including all amounts received from another tax incremental district.
66.1105(6m)(c)6.c.
c. An itemized list of all expenditures from the special fund by category of permissible project costs.
66.1105(6m)(c)6.d.
d. The balance in the special fund at the end of the fiscal year, including a breakdown of the balance by source and a breakdown of the balance identifying any portion of the balance that is required, pledged, earmarked, or otherwise designated for payment of, or securing of, obligations and anticipated project costs. Any portion of the ending balance that has not been previously identified and is not identified in the current analysis as being required, pledged, earmarked, or otherwise designated for payment of, or securing of, obligations or anticipated project costs shall be designated as surplus.
66.1105(6m)(c)7.
7. The contact information of a person designated by the city to respond to questions or concerns regarding the annual report.
66.1105(6m)(d)1.1. The department of revenue shall, by rule, designate a format for annual reports under
par. (c) and shall require these reports to be filed electronically.
66.1105(6m)(d)2.
2. The department of revenue shall post annual reports on its official Internet site no later than 45 days after the department receives the report from the city. The department shall also post a list of cities that have not submitted a required annual report to the department of revenue.
66.1105(6m)(d)3.
3. Notwithstanding
par. (c), if a city provides the department of revenue with sufficient evidence that an annual report is in the process of being completed, the department of revenue may grant an extension of time for submitting the report. The department shall post on its official Internet site a list of cities that have received an extension granted under this subdivision, the period of the extension, and an indication of whether the municipality timely filed the report within the extension.
66.1105(6m)(d)4.
4. If an annual report is not timely filed under
subd. 3. or
par. (c), the department of revenue shall notify the city that the report is past due. If the city does not file the report within 60 days of the date on the notice, except as provided in this subdivision, the department shall charge the city a fee of $100 per day for each day that the report is past due.
66.1105(7)
(7) Termination of tax incremental districts. A tax incremental district terminates when the earlier of the following occurs:
66.1105(7)(a)
(a) That time when the city has received aggregate tax increments with respect to the district in an amount equal to the aggregate of all project costs under the project plan and any amendments to the project plan for the district, except that this paragraph does not apply to a district whose positive tax increments have been allocated under
sub. (6) (d),
(dm),
(e), or
(f) until the district to which the allocation is made has paid off the aggregate of all of its project costs under its project plan.
66.1105(7)(ak)1.1. Except as provided in
par. (am) 1. and
4., for a district about which a finding is made under
sub. (4) (gm) 4. a. that not less than 50 percent, by area, of the real property within the district is a blighted area or an area in need of rehabilitation or conservation work, and if the district to which the plan relates is created after September 30, 1995, and before October 1, 2004, 27 years after the district is created.
66.1105(7)(ak)2.
2. Except as provided in
par. (am) 4., for a district that is created after September 30, 1995, and before October 1, 2004, and that is not subject to
subd. 1. or
4., 23 years after the district was created, and, except as provided in
subd. 3., for a district that is created before October 1, 1995, 27 years after the district is created.
66.1105 Note
NOTE: Subd. 2. is shown as affected by
2015 Wis. Acts 75 and
254 and as merged by the legislative reference bureau under s. 13.92 (2) (i).
66.1105(7)(ak)3.
3. For Tax Incremental District Number 2 in the city of Racine, 37 years after the district is created.
66.1105(7)(ak)4.
4. For Tax Incremental District Number 1 in the village of Weston, 33 years after the district is created.
66.1105(7)(am)1.1. Except as provided in
subd. 4., for a district described under
par. (ak) 1., the time period specified in that subdivision, except that the city that created the district may, subject to
sub. (8) (e), request that the joint review board extend the life of the district for an additional 4 years. Along with its request for a 4-year extension, the city may provide the joint review board with an independent audit that demonstrates that the district is unable to pay off its project costs within the 27 years after the district is created. The joint review board may deny or approve a request to extend the life of the district for 4 years if the request does not include the independent audit, and the board shall approve a request to extend the life of the district for 4 years if the request includes the audit. If the joint review board extends the district's life, the district shall terminate at the earlier of the end of the extended period or the period specified in
par. (a).
66.1105(7)(am)2.
2. Except as provided in
subd. 4., for a district that is created after September 30, 2004, about which a finding is made under
sub. (4) (gm) 4. a. that not less than 50 percent, by area, of the real property within the district is suitable for industrial sites or mixed-use development, 20 years after the district is created, except that the city that created the district may, subject to
sub. (8) (e), request that the joint review board extend the life of the district for an additional 3 years. Along with its request for a 3-year extension, the city may provide the joint review board with an independent audit that demonstrates that the district is unable to pay off its project costs within the 20 years after the district is created. The joint review board may deny or approve a request to extend the life of the district for 3 years if the request does not include the independent audit, and the board shall approve a request to extend the life of the district for 3 years if the request includes the audit. If the joint review board extends the district's life, the district shall terminate at the earlier of the end of the extended period or the period specified in
par. (a). For a tax incremental district created after March 3, 2016, the termination date for a district to which this subdivision applies shall either be increased by one year beyond the otherwise applicable termination date under this subdivision if that district's project plan is adopted under
sub. (4) (g) after September 30 and before May 15, or shall be the period specified in
par. (a), whichever is earlier.
66.1105 Note
NOTE: Subd. 2. is shown as affected by
2015 Wis. Acts 254 and
256 and as merged by the legislative reference bureau under s. 13.92 (2) (i).
66.1105(7)(am)3.
3. Except as provided in
subd. 4., for a district that is created after September 30, 2004, about which a finding is made under
sub. (4) (gm) 4. a. that not less than 50 percent, by area, of the real property within the district is a blighted area or in need of rehabilitation, 27 years after the district is created, except that the city that created the district may, subject to
sub. (8) (e), request that the joint review board extend the life of the district for an additional 3 years. Along with its request for a 3-year extension, the city may provide the joint review board with an independent audit that demonstrates that the district is unable to pay off its project costs within the 27 years after the district is created. The joint review board may deny or approve a request to extend the life of the district for 3 years if the request does not include the independent audit, and the board shall approve a request to extend the life of the district for 3 years if the request includes the audit. If the joint review board extends the district's life, the district shall terminate at the earlier of the end of the extended period or the period specified in
par. (a). For a tax incremental district created after March 3, 2016, the termination date for a district to which this subdivision applies shall either be increased by one year beyond the otherwise applicable termination date under this subdivision if that district's project plan is adopted under
sub. (4) (g) after September 30 and before May 15, or shall be the period specified in
par. (a), whichever is earlier.
66.1105 Note
NOTE: Subd. 3. is shown as affected by
2015 Wis. Acts 254 and
256 and as merged by the legislative reference bureau under s. 13.92 (2) (i).
66.1105(7)(am)4.a.a. At any time during the district's existence, but subject to
sub. (8) (e), the city that created the district described under
subd. 1.,
2., or
3. or
par. (ak) 1. or
2. may request that the joint review board extend the life of the district for an additional 3 years in addition to an extension authorized under
subd. 1.,
2., or
3., if during the district's existence, the annual and total amount of tax increments to be generated over the life of the district are adversely impacted by
2013 Wisconsin Act 145.
66.1105(7)(am)4.b.
b. Together with its request for a 3-year extension under this subdivision, the city may provide the joint review board with an independent audit that demonstrates that the district is unable to pay off its project costs within the time specified under
subd. 1.,
2., or
3., whichever is applicable. The joint review board may deny or approve the request if the request does not include the independent audit, and the board shall approve the request if the request includes the audit. If the joint review board extends the district's life, the district shall terminate at the earlier of the end of the extended period or the period specified in
par. (a).
66.1105(7)(ar)
(ar) Notwithstanding
par. (am), 35 years after the district is created if it was created before October 1, 1995, and if the project plan is amended under
sub. (4) (h) 4.
66.1105(7)(as)
(as) Notwithstanding
par. (am), 35 years after the last expenditure identified in the project plan is made if the district to which the plan relates is created before October 1, 1995, and
sub. (6) (d) applies to the district.
66.1105(7)(at)
(at) Notwithstanding
par. (am), 31 years after the district is created if the district is created before October 1, 1995, and the expenditure period is specified in
sub. (6) (am) 2. c.
66.1105(7)(au)
(au) With regard to a distressed, or severely distressed, tax incremental district under
sub. (4e), the time period specified in
sub. (4e) (d) 2.
66.1105(7)(b)
(b) The local legislative body, by resolution, dissolves the district at which time the city becomes liable for all unpaid project costs actually incurred which are not paid from the special fund under
sub. (6) (c), except this paragraph does not make the city liable for any tax incremental bonds or notes issued.
66.1105(8)
(8) Notice of district termination, reporting requirements. 66.1105(8)(a)(a) A city which creates a tax incremental district under this section shall give the department of revenue written notice within 60 days of the termination of the tax incremental district under
sub. (7).
66.1105(8)(b)
(b) If the department of revenue receives a notice under
par. (a) during the period from January 1 to May 15, the effective date of the notice is the date the notice is received. If the notice is received during the period from May 16 to December 31, the effective date of the notice is the first January 1 after the department of revenue receives the notice.
66.1105(8)(c)
(c) After a city transmits to the department of revenue the notice required under
par. (a), the city and the department shall agree on a date by which the city shall send to the department, on a form prescribed by the department, all of the following information that relates to the terminated tax incremental district:
66.1105(8)(c)1.
1. A final accounting of all expenditures made by the city.
66.1105(8)(c)3.
3. The total amount of positive tax increments received by a city.
66.1105(8)(c)4.
4. The total amount of project costs, if any, not paid for with tax increments that became obligations of the city after the district was terminated.
66.1105(8)(d)
(d) If a city does not send to the department of revenue the form specified in
par. (c) within the time limit agreed to by the city and the department under
par. (c), the department may not certify the tax incremental base of a tax incremental district under
sub. (5) (a) and
(b) until the form is sent to the department.
66.1105(8)(e)
(e) A city shall notify the department of revenue at least one year before the date on which a tax incremental district is required to terminate under
sub. (7) (am) if a joint review board approves a request to extend the life of the district under
sub. (7) (am). If a city does not notify the department of revenue by that date, the department may deny the extension.
66.1105(9)(a)(a) Payment of project costs may be made by any one or more of the following methods:
66.1105(9)(a)1.
1. Payment by the city from the special fund of the tax incremental district;
66.1105(9)(a)3.
3. Payment out of the proceeds of the sale of bonds or notes issued by it under
ch. 67;
66.1105(9)(a)4.
4. Payment out of the proceeds of the sale of public improvement bonds issued by it under
s. 66.0619;
66.1105(9)(a)8.
8. Payment out of the proceeds of the sale of tax incremental bonds or notes issued by it under this subsection; or
66.1105(9)(a)9.
9. Payment out of the proceeds of revenue bonds issued by the city as provided by
s. 66.1103, for a purpose specified in that section.
66.1105(9)(a)10.
10. With regard to a tax incremental district created by a 1st class city, payment out of the proceeds of revenue bonds issued by a redevelopment authority acting in concert with the city pursuant to a contract under
s. 66.0301.
66.1105(9)(b)1.1. For the purpose of paying project costs or of refunding municipal obligations issued under
ch. 67 or this subsection for the purpose of paying project costs, the local legislative body may issue tax incremental bonds or notes payable out of positive tax increments. Each bond or note and accompanying interest coupon, if any, is a negotiable instrument. The bonds and notes shall not be included in the computation of the constitutional debt limitation of the city. Bonds and notes issued under this subsection, together with their interest and income, shall be taxed in the same manner as are municipal obligations issued under
s. 67.04.
66.1105(9)(b)2.
2. Tax incremental bonds or notes shall be authorized by resolution of the local legislative body without the necessity of a referendum or any elector approval, but a referendum or election may be held, through the procedures provided in
s. 66.1103 (10) (d). The resolution shall state the name of the tax incremental district, the amount of bonds or notes authorized, and the interest rate or rates to be borne by the bond or notes. The resolution may prescribe the terms, form and content of the bonds or notes and any other matters that the local legislative body deems useful.
66.1105(9)(b)3.
3. Tax incremental bonds or notes may not be issued in an amount exceeding the aggregate project costs. The bonds or notes shall mature over a period not exceeding 23 years from the date of issuance or a period terminating with the date of termination of the tax incremental district, whichever period terminates earlier. The bonds or notes may contain a provision authorizing the redemption of the bonds or notes, in whole or in part, at stipulated prices, at the option of the city, on any interest payment date and shall provide the method of selecting the bonds or notes to be redeemed. The principal and interest on the bonds and notes may be payable at any time and at any place. The bonds or notes may be payable to bearer or may be registered as to the principal or principal and interest. The bonds or notes may be in any denominations. The bonds or notes may be sold at public or private sale. To the extent consistent with this subsection, the provisions of
ch. 67 relating to procedures for issuance, form, contents, execution, negotiation, and registration of municipal bonds and notes apply to bonds or notes issued under this subsection.
66.1105(9)(b)4.
4. Tax incremental bonds or notes are payable only out of the special fund created under
sub. (6) (c). Each bond or note shall contain the recitals necessary to show that it is only so payable and that it does not constitute an indebtedness of the city or a charge against its general taxing power. The local legislative body shall irrevocably pledge all or a part of the special fund to the payment of the bonds or notes. The special fund or the designated part of the fund may then be used only for the payment of the bonds or notes and interest on the bonds or notes until the bonds or notes have been fully paid; and a holder of the bonds or notes or of any coupons appertaining to the bonds or notes has a lien against the special fund for payment of the bonds or notes and interest on the bonds or notes and may either at law or in equity protect and enforce the lien.
66.1105(9)(b)5.
5. To increase the security and marketability of tax incremental bonds or notes, the city may:
66.1105(9)(b)5.a.
a. Create a lien for the benefit of the bondholders upon any public improvements or public works financed by the bonds or notes or the revenues from the bonds or notes; or
66.1105(9)(b)5.b.
b. Make covenants and do any acts, not inconsistent with the Wisconsin constitution, necessary or convenient or desirable in order to additionally secure the bonds or notes or tend to make the bonds or notes more marketable according to the best judgment of the local legislative body.
66.1105(10)
(10) Overlapping tax incremental districts. 66.1105(10)(a)(a) Subject to any agreement with bondholders, and except as provided in
par. (d), a tax incremental district may be created, the boundaries of which overlap one or more existing districts, except that districts created as of the same date may not have overlapping boundaries.
66.1105(10)(b)
(b) If the boundaries of 2 or more tax incremental districts overlap, in determining how positive tax increments generated by that area which is within 2 or more districts are allocated among the overlapping districts, but for no other purpose, the aggregate value of the taxable property in the area as equalized by the department of revenue in any year as to each earlier created district is that portion of the tax incremental base of the district next created which is attributable to the overlapped area.
66.1105(10)(c)
(c) The department of revenue shall exclude any parcel in a newly created tax incremental district that is located in an existing district when determining compliance with the 12 percent limit described in
sub. (4) (gm) 4. c.
66.1105(10)(d)
(d) A proposed tax incremental district, the boundaries of which would overlap an existing multijurisdictional tax incremental district, may be created only if all of the following apply:
