5. For an authority created under sub. (2) (k), the name of the authority.
Notwithstanding s. 59.84 (2) and any other provision of this 8
chapter or ch. 59 or 85, an authority may do all of the following, to the extent 9
authorized in the authority's bylaws:
(a) Establish, maintain, and operate a comprehensive unified local 11
transportation system primarily for the transportation of persons.
(b) Acquire a comprehensive unified local transportation system and provide 13
funds for the operation and maintenance of the system. Upon the acquisition of a 14
comprehensive unified local transportation system, the authority may:
1. Operate and maintain it or lease it to an operator or contract for its use by 16
2. Contract for superintendence of the system with an organization that has 18
personnel with the requisite experience and skill.
3. Delegate responsibility for the operation and maintenance of the system to 20
an appropriate administrative officer, board, or commission of a participating 21
4. Maintain and improve railroad rights-of-way and improvements on these 23
rights-of-way for future use.
(c) Contract with a public or private organization to provide transportation 25
services in lieu of directly providing these services.
(d) Purchase and lease transportation facilities to public or private transit 2
companies that operate within and outside the jurisdictional area.
(e) Apply for federal aids to purchase transportation facilities considered 4
essential for the authority's operation.
(f) Coordinate specialized transportation services, as defined in s. 85.21 (2) (g), 6
for residents who reside within the jurisdictional area and who are disabled or aged 7
60 or older, including services funded under 42 USC 3001
, 42 USC 5001
, and 842 USC 5011
(b), under ss. 49.43 to 49.499 and 85.21, and under other public funds 9
administered by the county. An authority may contract with a county that is a 10
participating political subdivision for the authority to provide specialized 11
transportation services, but an authority is not an eligible applicant under s. 85.21 12
(2) (e) and may not receive payments directly from the department of transportation 13
under s. 85.21.
(g) Acquire, own, hold, use, lease as lessor or lessee, sell or otherwise dispose 15
of, mortgage, pledge, or grant a security interest in any real or personal property or 16
(h) Acquire property by condemnation using the procedure under s. 32.05 for 18
the purposes set forth in this section.
(i) Enter upon any state, county, or municipal street, road, or alley, or any public 20
highway for the purpose of installing, maintaining, and operating the authority's 21
facilities. Whenever the work is to be done in a state, county, or municipal highway, 22
street, road, or alley, the public authority having control thereof shall be duly 23
notified, and the highway, street, road, or alley shall be restored to as good a condition 24
as existed before the commencement of the work with all costs incident to the work 25
to be borne by the authority.
(j) Fix, maintain, and revise fees, rates, rents, and charges for functions, 2
facilities, and services provided by the authority.
(k) Make, and from time to time amend and repeal, bylaws, rules, and 4
regulations to carry into effect the powers and purposes of the authority.
(L) Sue and be sued in its own name.
(m) Have and use a corporate seal.
(n) Employ agents, consultants, and employees, engage professional services, 8
and purchase such furniture, stationery, and other supplies and materials as are 9
reasonably necessary to perform its duties and exercise its powers.
(o) Incur debts, liabilities, or obligations including the borrowing of money and 11
the issuance of bonds under subs. (7) and (10).
(p) Invest any funds held in reserve or sinking funds, or any funds not required 13
for immediate disbursement, including the proceeds from the sale of any bonds, in 14
such obligations, securities, and other investments as the authority deems proper in 15
accordance with s. 66.0603 (1m).
(q) Do and perform any acts and things authorized by this section under, 17
through, or by means of an agent or by contracts with any person.
(r) Exercise any other powers that the board of directors considers necessary 19
and convenient to effectuate the purposes of the authority, including providing for 20
(s) 1. Impose, by the adoption of a resolution by the board of directors, the taxes 22
under subch. V of ch. 77 in the authority's jurisdictional area. If an authority adopts 23
a resolution to impose the taxes, it shall deliver a certified copy of the resolution to 24
the department of revenue at least 120 days before its effective date. The authority 25
may, by adoption of a resolution by the board of directors, repeal the imposition of
taxes under subch. V of ch. 77 and shall deliver a certified copy of the repeal 2
resolution to the department of revenue at least 120 days before its effective date.
2. If an authority adopts a resolution to impose the tax, as provided in subd. 4
1., an authority shall specify to the department of revenue, as provided in this 5
subdivision, the exact boundaries of the authority's jurisdictional area. If the 6
boundaries are the same as the county lines on all sides of the authority's 7
jurisdictional area, the resolution shall specify the county or counties that comprise 8
the authority's entire jurisdictional area. If the boundaries are other than a county 9
line on any side of the authority's jurisdictional area, the authority shall provide the 10
department with a complete list of all the 9-digit zip codes that are entirely within 11
the authority's jurisdictional area and a complete list of all the street addresses that 12
are within the authority's jurisdictional area and not included in any 9-digit zip code 13
that is entirely within the authority's jurisdictional area. The authority shall 14
provide a certified copy of the information required under this subdivision to the 15
department, in the manner, format, and layout prescribed by the department, at 16
least 120 days prior to the first day of the calendar quarter before the effective date 17
of the tax imposed under subd. 1. If the boundaries of the authority's jurisdictional 18
area subsequently change, the authority shall submit a certified copy of the 19
information required under this subdivision to the department at least 120 days 20
prior to the first day of the calendar quarter before the effective date of such change, 21
in the manner, format, and layout prescribed by the department.
3. Notwithstanding subd. 1., an authority created under sub. (2) (k) may not 23
impose the taxes authorized under subd. 1. unless the authorizing resolution or 24
resolutions under sub. (2) (k) 1. and, if applicable, sub. (2) (k) 2., each clearly
identifies the maximum rate of the taxes that may be imposed by the authority under 2
4. If an authority created under sub. (2) (k) adopts a resolution to impose the 4
taxes under subd. 1., no political subdivision that is a member of the authority may 5
levy property taxes for transit purposes in excess of the amount of property taxes 6
levied for transit purposes in the year before the year in which the taxes are imposed 7
under subd. 1.
8(5) Limitations on authority powers.
(a) Notwithstanding sub. (4) (a), (b), (c), 9
(d), (q), and (r), no authority, and no public or private organization with which an 10
authority has contracted for service, may provide service outside the jurisdictional 11
area of the authority unless the authority receives financial support for the service 12
under a contract with a public or other private organization for the service or unless 13
it is necessary in order to provide service to connect residents within the authority's 14
jurisdictional area to transit systems in adjacent counties.
(b) Whenever the proposed operations of an authority would be competitive 16
with the operations of a common carrier in existence prior to the time the authority 17
commences operations, the authority shall coordinate proposed operations with the 18
common carrier to eliminate adverse financial impact for the carrier. This 19
coordination may include route overlapping, transfers, transfer points, schedule 20
coordination, joint use of facilities, lease of route service, and acquisition of route and 21
corollary equipment. If this coordination does not result in mutual agreement, the 22
proposals of the authority and the common carrier shall be submitted to the 23
department of transportation for arbitration.
(c) In exercising its powers under sub. (4), an authority shall consider any plan 2
of a metropolitan planning organization under 23 USC 134
that covers any portion 3
of the authority's jurisdictional area.
4(6) Authority obligations to employees of mass transportation systems.
An authority acquiring a comprehensive unified local transportation system for the 6
purpose of the authority's operation of the system shall assume all of the employer's 7
obligations under any contract between the employees and management of the 8
system to the extent allowed by law.
(b) An authority acquiring, constructing, controlling, or operating a 10
comprehensive unified local transportation system shall negotiate an agreement 11
with the representative of the labor organization that covers the employees affected 12
by the acquisition, construction, control, or operation to protect the interests of 13
employees affected. This agreement shall include all of the provisions identified in 14
s. 59.58 (4) (b) 1. to 8. and may include provisions identified in s. 59.58 (4) (c). An 15
affected employee has all the rights and the same status under subch. IV of ch. 111 16
that he or she enjoyed immediately before the acquisition, construction, control, or 17
operation and may not be required to serve a probationary period if he or she attained 18
permanent status before the acquisition, construction, control, or operation.
(c) In all negotiations under this subsection, a senior executive officer of the 20
authority shall be a member of the authority's negotiating body.
21(7) Bonds; generally.
(a) An authority may issue bonds, the principal and 22
interest on which are payable exclusively from all or a portion of any revenues 23
received by the authority. The authority may secure its bonds by a pledge of any 24
income or revenues from any operations, rent, aids, grants, subsidies, contributions, 25
or other source of moneys whatsoever.
(b) An authority may issue bonds in such principal amounts as the authority 2
(c) 1. Neither the members of the board of directors of an authority nor any 4
person executing the bonds is personally liable on the bonds by reason of the issuance 5
of the bonds.
2. The bonds of an authority are not a debt of the participating political 7
subdivisions. Neither the participating political subdivisions nor the state are liable 8
for the payment of the bonds. The bonds of any authority shall be payable only out 9
of funds or properties of the authority. The bonds of the authority shall state the 10
restrictions contained in this paragraph on the face of the bonds.
11(8) Issuance of bonds.
(a) Bonds of an authority shall be authorized by 12
resolution of the board of directors. The bonds may be issued under such a resolution 13
or under a trust indenture or other security instrument. The bonds may be issued 14
in one or more series and may be in the form of coupon bonds or registered bonds 15
under s. 67.09. The bonds shall bear the dates, mature at the times, bear interest 16
at the rates, be in the denominations, have the rank or priority, be executed in the 17
manner, be payable in the medium of payment and at the places, and be subject to 18
the terms of redemption, with or without premium, as the resolution, trust 19
indenture, or other security instrument provides. Bonds of an authority are issued 20
for an essential public and governmental purpose and are public instrumentalities 21
and, together with interest and income, are exempt from taxes.
(b) The authority may sell the bonds at public or private sales at the price or 23
prices determined by the authority.
(c) If an officer whose signatures appear on any bonds or coupons ceases to be 25
an officer of the authority before the delivery of the bonds or coupons, the officer's
signature shall, nevertheless, be valid for all purposes as if the officer had remained 2
in office until delivery of the bonds or coupons.
An authority may do all of the following in connection with the 4
issuance of bonds:
(a) Covenant as to the use of any or all of its property, real or personal.
(b) Redeem the bonds, or covenant for the redemption of the bonds, and provide 7
the terms and conditions of the redemption.
(c) Covenant as to charge fees, rates, rents, and charges sufficient to meet 9
operating and maintenance expenses, renewals, and replacements of any 10
transportation system, principal and debt service on bonds creation and 11
maintenance of any reserves required by a bond resolution, trust indenture, or other 12
security instrument and to provide for any margins or coverages over and above debt 13
service on the bonds that the board of directors considers desirable for the 14
marketability of the bonds.
(d) Covenant as to the events of default on the bonds and the terms and 16
conditions upon which the bonds shall become or may be declared due before 17
maturity, as to the terms and conditions upon which this declaration and its 18
consequences may be waived, and as to the consequences of default and the remedies 19
(e) Covenant as to the mortgage or pledge of, or the grant of a security interest 21
in, any real or personal property and all or any part of the revenues of the authority 22
to secure the payment of bonds, subject to any agreements with the bondholders.
(f) Covenant as to the custody, collection, securing, investment, and payment 24
of any revenues, assets, moneys, funds, or property with respect to which the 25
authority may have any rights or interest.
(g) Covenant as to the purposes to which the proceeds from the sale of any bonds 2
may be applied, and as to the pledge of such proceeds to secure the payment of the 3
(h) Covenant as to limitations on the issuance of any additional bonds, the 5
terms upon which additional bonds may be issued and secured, and the refunding 6
of outstanding bonds.
(i) Covenant as to the rank or priority of any bonds with respect to any lien or 8
(j) Covenant as to the procedure by which the terms of any contract with or for 10
the benefit of the holders of bonds may be amended or abrogated, the amount of 11
bonds, the holders of which must consent thereto, and the manner in which such 12
consent may be given.
(k) Covenant as to the custody and safekeeping of any of its properties or 14
investments, the insurance to be carried on the property or investments, and the use 15
and disposition of insurance proceeds.
(L) Covenant as to the vesting in one or more trustees, within or outside the 17
state, of those properties, rights, powers, and duties in trust as the authority 18
(m) Covenant as to the appointing of, and providing for the duties and 20
obligations of, one or more paying agent or other fiduciaries within or outside the 21
(n) Make all other covenants and do any act that may be necessary or 23
convenient or desirable in order to secure its bonds or, in the absolute discretion of 24
the authority, tend to make the bonds more marketable.
(o) Execute all instruments necessary or convenient in the exercise of the 2
powers granted under this section or in the performance of covenants or duties, 3
which may contain such covenants and provisions as a purchaser of the bonds of the 4
authority may reasonably require.
5(10) Refunding bonds.
An authority may issue refunding bonds for the 6
purpose of paying any of its bonds at or prior to maturity or upon acceleration or 7
redemption. An authority may issue refunding bonds at such time prior to the 8
maturity or redemption of the refunded bonds as the authority deems to be in the 9
public interest. The refunding bonds may be issued in sufficient amounts to pay or 10
provide the principal of the bonds being refunded, together with any redemption 11
premium on the bonds, any interest accrued or to accrue to the date of payment of 12
the bonds, the expenses of issue of the refunding bonds, the expenses of redeeming 13
the bonds being refunded, and such reserves for debt service or other capital or 14
current expenses from the proceeds of such refunding bonds as may be required by 15
the resolution, trust indenture, or other security instruments. To the extent 16
applicable, refunding bonds are subject to subs. (8) and (9).
17(11) Bonds eligible for investment.
(a) Any of the following may invest funds, 18
including capital in their control or belonging to them, in bonds of the authority:
1. Public officers and agencies of the state.
2. Local governmental units, as defined in s. 19.42 (7u).
3. Insurance companies.
4. Trust companies.
6. Savings banks.
7. Savings and loan associations.
8. Investment companies.
9. Personal representatives.
11. Other fiduciaries not listed in this paragraph.
(b) The authority's bonds are securities that may be deposited with and 6
received by any officer or agency of the state or any local governmental unit, as 7
defined in s. 19.42 (7u), for any purpose for which the deposit of bonds or obligations 8
of the state or any local governmental unit is authorized by law.
9(12) Budgets; rates and charges; audit.
The board of directors of an authority 10
shall annually prepare a budget for the authority. Rates and other charges received 11
by an authority shall be used only for the general expenses and capital expenditures 12
of the authority, to pay interest, amortization, and retirement charges on bonds, and 13
for specific purposes of the authority and may not be transferred to any political 14
subdivision. The authority shall maintain an accounting system in accordance with 15
generally accepted accounting principles and shall have its financial statements and 16
debt covenants audited annually by an independent certified public accountant.
17(13) Withdrawal from authority.
(a) A participating political subdivision that 18
joined an authority under sub. (2) (k) 2. may withdraw from an authority if all of the 19
following conditions are met:
1. The governing body of the political subdivision adopts a resolution 21
requesting withdrawal of the political subdivision from the authority.
2. The political subdivision has paid, or made provision for the payment of, all 23
obligations of the political subdivision to the authority.
(b) If a participating political subdivision withdraws from an authority, the 25
authority shall provide the department of revenue with a certified copy of the
resolution that approves the withdrawal. The withdrawal is effective on the first day 2
of the calendar quarter that begins at least 120 days after the department receives 3
the certified copy of the resolution approving the withdrawal. If the authority in 4
which the withdrawing political subdivision continues to exist after the withdrawal, 5
the authority shall provide information describing the exact boundaries of its 6
jurisdictional area, as provided in sub. (4) (s) 2.
7(14) Duty to provide transit service.
An authority shall provide, or contract 8
for the provision of, transit service within the authority's jurisdictional area.
9(17) Other statutes.
This section does not limit the powers of political 10
subdivisions to enter into intergovernmental cooperation or contracts or to establish 11
separate legal entities under s. 66.0301 or 66.1021 or any other applicable law, or 12
otherwise to carry out their powers under applicable statutory provisions. Section 13
66.0803 (2) does not apply to an authority.”.
“Municipality" means any of the following which is authorized to levy 17
a tax: a county, city, village, town, school district, board of park commissioners, 18
technical college district, metropolitan sewerage district created under ss. 200.01 to 19
200.15 or 200.21 to 200.65, town sanitary district under subch. IX of ch. 60, transit
20authority created under s. 66.1039,
public inland lake protection and rehabilitation 21
district established under s. 33.23, 33.235, or 33.24, and any other public body 22
empowered to borrow money and issue obligations to repay the money out of public 23
funds or revenues. “Municipality" does not include the state.”.
70.11 (2) Municipal property and property of certain districts, exception. 3
Property owned by any county, city, village, town, school district, technical college 4
district, public inland lake protection and rehabilitation district, metropolitan 5
sewerage district, municipal water district created under s. 198.22, joint local water 6
authority created under s. 66.0823, transit authority created under s. 66.1039, 7
long-term care district under s. 46.2895 or town sanitary district; lands belonging 8
to cities of any other state used for public parks; land tax-deeded to any county or 9
city before January 2; but any residence located upon property owned by the county 10
for park purposes that is rented out by the county for a nonpark purpose shall not 11
be exempt from taxation. Except as to land acquired under s. 59.84 (2) (d), this 12
exemption shall not apply to land conveyed after August 17, 1961, to any such 13
governmental unit or for its benefit while the grantor or others for his or her benefit 14
are permitted to occupy the land or part thereof in consideration for the conveyance. 15
Leasing the property exempt under this subsection, regardless of the lessee and the 16
use of the leasehold income, does not render that property taxable.”.
(b) Political units.
Income received by the United States, the state 20
and all counties, cities, villages, towns, school districts, technical college districts, 21
joint local water authorities created under s. 66.0823, transit authorities created
22under s. 66.1039,
long-term care districts under s. 46.2895 or other political units 23
of this state.”.