Wisconsin Legislature: 150,390

(17) Remedies of an obligee of authority. An obligee of the authority shall have the right in addition to all other rights which may be conferred on such obligee subject only to any contractual restrictions binding upon such obligee, subject to its contract, may do any of the following:

(a) By mandamus, suit, action or proceeding in law or equity, all of which may be joined in one action, to compel the authority, and the its commissioners, officers, agents or employes thereof to perform each and every term, provision and covenant contained in any contract of the authority, and to require the carrying out of any or all covenants and agreements of the authority and the fulfillment of all duties imposed upon the authority by ss. 66.40 66.1201 to 66.404 66.1211.

(b) By suit, action or proceeding in equity to enjoin any unlawful acts or things which may be unlawful, or the violation of any of the rights of such the obligee of the authority.

(c) By suit, action or proceeding in any court of competent jurisdiction to cause possession of any housing project or any part thereof of a housing project to be surrendered to any obligee having the right to such possession pursuant to any contract of the authority.

(18) Additional remedies conferrable by mortgage or trust indenture. Any authority shall have power may by its trust indenture, mortgage, lease or other contract to confer upon any obligee holding or representing a specified amount in bonds, lease or other obligations, the right upon the happening of an "event of default" as defined in such the instrument:

(a) By suit, action or proceeding in any court of competent jurisdiction to obtain the appointment of a receiver of any housing project of the authority or any part or parts thereof of a housing project. Upon appointment, a receiver may enter and take possession of such the housing project or any part or parts thereof of the housing project and operate and maintain same it, and collect and receive all fees, rents, revenues or other charges thereafter arising therefrom in the same manner as the authority itself might do and. The receiver shall keep such the moneys in a separate account or accounts and apply the same moneys in accordance with the obligations of the authority as the a court shall direct directs.

(b) By suit, action or proceeding in any court of competent jurisdiction to require the authority and the its commissioners thereof to account as if it and they were the trustees of an express trust.

(19) Remedies cumulative. All the rights and remedies hereinabove conferred shall be cumulative and in this section are in addition to all other rights and remedies that may be conferred upon such an obligee of the authority by law or by any contract with the authority.

(20) Subordination of mortgage to agreement with government. The authority may agree in any mortgage made by it that such the mortgage shall be is subordinate to a contract for the supervision by a government of the operation and maintenance of the mortgaged property and the construction of improvements thereon; in such event, any purchaser or purchasers on the mortgaged property. A purchaser at a sale of the property of an authority pursuant to a foreclosure of such a mortgage or any other remedy in connection therewith with the foreclosure shall obtain title subject to such the contract.

(21) Contracts with federal government. In addition to the powers conferred upon the authority by other provisions of ss. 66.40 66.1201 to 66.404 66.1211, the authority is empowered to may borrow money or accept grants from the federal government for or in aid of any housing project which such that the authority is authorized to may undertake, to take over any land acquired by the federal government for the construction or operation of a housing project, to take over or lease or manage any housing project constructed or owned by the federal government, and to these ends, to enter into such any contracts, mortgages, trust indentures, leases or other agreements as that the federal government may require including agreements that the federal government shall have the right to may supervise and approve the construction, maintenance and operation of such the housing project. It is the purpose and intent of this section to authorize every council to do any and all things A council may take any action necessary to secure the financial aid and the cooperation of the federal government in the undertaking, construction, maintenance and operation of any housing project which the authority is empowered to may undertake.

(22) Tax exemption and payments in lieu of taxes. The property of an authority is declared to be public property used for essential public and governmental purposes and such the property and an authority shall be are exempt from all taxes of the state or any state public body; provided, however,, except that the city in which a project or projects are located may fix a sum to be paid annually in lieu of such taxes by the authority for the services, improvements or facilities furnished to such project or projects the property of the authority by such the city, but in no event shall such sum. The amount paid in lieu of taxes may not exceed the amount that would be levied as the annual tax of such the city upon such the project or projects.

(24) (a) When a housing authority has the approval of the council for any project authorized under sub. (9) (a) or (b), the authority shall complete and approve plans, specifications and conditions in connection therewith for carrying out such the project, and shall then advertise by publishing a class 2 notice, under ch. 985, for bids for all work which the authority must do by contract. The authority is not required to submit for bidding any contract in an amount of $25,000 or less, but if the estimated cost of the contract is between $10,000 and $25,000, the authority shall give a class 2 notice, under ch. 985, of the proposed work before the contract is entered into. A contract subject to bidding shall be awarded to the lowest qualified and competent bidder. Section 66.29 shall apply 66.0901 applies to such the bidding.

(b) (intro.) An authority may contract for the acquisition of a housing project without submitting the contract for bids as required by par. (a) if all of the following apply:

1. The contract provides for undertaking of the housing project on land not owned at the time of the contract by the authority except the contract may provide for undertaking of the housing project on land acquired and owned by a community development authority for the purpose of ss. 66.405 to 66.425, 66.43, 66.431 or 66.46 66.1105, 66.1301 to 66.1329, 66.1331 or 66.1333 if the community development authority is proceeding under this paragraph as provided by s. 66.4325 66.1335 (4);.

2. The contract provides for conveyance or lease of the project to the authority after completion of the project; and.

(25) (a) In any city or village the city council or village board by resolution or ordinance, or the electors by referendum under s. 9.20, may provide that require the authority shall to liquidate and dispose of a particular project or projects held and operated under ss. 66.40 66.1201 to 66.404 66.1211 or 66.43 66.1331.

(b) Whenever If liquidation and disposal of a project is provided for under par. (a) the housing authority or other designated agency shall sell such the project to the highest bidder after public advertisement, or transfer it to any state public body authorized by law to acquire such the project. No such project shall may be sold for less than its fair market value as determined by a board of 3 licensed appraisers appointed by the city council or village board.

(c) The arrangements for the liquidation and disposal of a project shall provide for the payment and retirement of all outstanding obligations in connection with the project, together with interest thereon on the obligations and any premiums prescribed for the redemption of any bonds, notes or other obligations before maturity.

(d) Any proceeds remaining after payment of such the obligations under par. (c) shall be distributed in accordance with the federal law applicable at the time of the liquidation and disposal of the project. If no federal law is applicable to the liquidation and disposal of the project all of such remaining proceeds shall be paid to the city or village.

(e) If the highest bid received is insufficient for the payment of all obligations set forth in par. (c) the project shall not be sold unless the city or village provides sufficient additional funds to discharge such the obligations.

(f) In order to carry out this subsection an authority or other designated agency shall exercise any option available to it for the payment and redemption of outstanding obligations set forth in par. (c) before maturity, if the city or village provides funds for such payment and redemption.

(h) The term In this subsection, "outstanding obligations" or "obligations" as used herein includes bonds, notes or evidences of indebtedness, as well as aids, grants, contributions or loans made by or received from any federal, state or local political government or agency.

(26) Dissolution of housing authority. Any housing authority may be dissolved upon adoption of an ordinance or resolution by the council or village board concerned declaring that the need therefor for the authority no longer exists, that all projects under such the authority's jurisdiction have been disposed of, that there are no outstanding obligations or contracts and that no further business remains to be transacted by such the authority.

150,389 Section 389. 66.401 of the statutes is renumbered 66.1203 and amended to read:

66.1203 Housing authorities; operation not for profit. (1) It is declared to be the policy of this state that each housing authority shall manage and operate its housing projects in an efficient manner so as to enable it to fix the rentals for dwelling accommodations at the lowest possible rates consistent with its providing decent, safe and sanitary dwelling accommodations, and that no housing authority shall construct or operate any such project for profit, or as a source of revenue to the city.

(2) To this end an An authority shall fix the rentals for dwellings in its projects at no higher rates than it shall find to be finds necessary in order to produce revenues which (, together with all other available moneys, revenues, income and receipts of the authority from whatever sources derived), will be sufficient to accomplish all of the following:

(a) To pay Pay, as the same rentals become due, the principal and interest on the bonds of the authority; .

(b) To meet Meet the cost of, and to provide for, maintaining and operating the projects (, including the cost of any insurance), and the administrative expenses of the authority;.

(c) To create (Create, during not less than the 6 years immediately succeeding its issuance of any bonds), a reserve sufficient to meet the largest principal and interest payments which will be due on such the bonds in any one year thereafter after the creation of the reserve and to maintain such the reserve.

150,390 Section 390. 66.402 of the statutes is renumbered 66.1205, and 66.1205 (1) (a) and (b) and (2), as renumbered, are amended to read:

66.1205 (1) (a) It may rent or lease the dwelling accommodations therein in a housing project only to persons of low income and at rentals within the financial reach of such persons of low income.

(b) It may rent or lease to a tenant dwelling accommodations consisting of the number of rooms, but no greater number, which that it considers necessary to provide safe and sanitary accommodations to the proposed occupants thereof, without overcrowding.

(2) Nothing contained in the housing authorities law, as hereby amended, shall be construed as limiting Sections 66.1201 to 66.1211 do not limit the power of an authority to do any of the following:

(a) To invest Invest in an obligee the right, in the event of a default by if the authority defaults, to take possession of a housing project or cause the appointment of a receiver thereof of the housing project, free from all the restrictions imposed by said law, as amended under ss. 66.1201 to 66.1211, with respect to rentals, tenant selection, manner of operation, or otherwise; or.

(b) Pursuant to s. 66.40 66.1201 (16) to vest in obligees the right, in the event of a default by if the authority defaults, to acquire title to a housing project or the property mortgaged by the housing authority, free from all the restrictions imposed by ss. 66.401 and 66.402 s. 66.1203 and this section.

150,391 Section 391. 66.4025 (title) and (1) (a) of the statutes are renumbered 66.1207 (title) and (1) (a), and 66.1207 (1) (a), as renumbered, is amended to read:

66.1207 (1) (a) Any person who secures or assists in securing dwelling accommodations under s. 66.402 66.1205 by intentionally making false representations in order to receive more than $1,000 and but less than $2,500 in financial assistance for which the person would not otherwise be entitled shall be fined not more than $10,000 or imprisoned for not more than 9 months or both.

150,392 Section 392. 66.4025 (1) (b) and (c) of the statutes, as affected by 1997 Wisconsin Act 283, are renumbered 66.1207 (1) (b) and (c) and amended to read:

66.1207 (1) (b) Any person who secures or assists in securing dwelling accommodations under s. 66.402 66.1205 by intentionally making false representations in order to receive at least $2,500 but not more than $25,000 in financial assistance for which the person would not otherwise be entitled shall be fined not more than $10,000 or imprisoned for not more than 3 years or both.

(c) Any person who secures or assists in securing dwelling accommodations under s. 66.402 66.1205 by intentionally making false representations in order to receive more than $25,000 in financial assistance for which the person would not otherwise be entitled shall be fined not more than $10,000 or imprisoned for not more than 7 years and 6 months or both.

150,393 Section 393. 66.4025 (2) and (3) of the statutes are renumbered 66.1207 (2) and (3), and 66.1207 (2) and (3) (intro.), as renumbered, are amended to read:

66.1207 (2) Any administrator or employe of an authority under s. 66.402 66.1205 who receives or solicits any commission or derives or seeks to obtain any personal financial gain through any contract for the rental or lease of dwelling accommodations under s. 66.402 66.1205 shall be punished under s. 946.13.

(3) (intro.) Any person who receives assistance for dwelling accommodations under s. 66.402 66.1205, who has been notified by the authority of the obligation to report an increase in income or assets that would reduce the amount of that assistance and who intentionally fails to notify the authority of the receipt of such income or assets is subject to one of the following:

150,394 Section 394. 66.403 (title) of the statutes is renumbered 66.1209 (title).

150,395 Section 395. 66.403 (intro.) and (1) to (7) of the statutes are renumbered 66.1209 (1) (intro.) and (a) to (g) and amended to read:

66.1209 (1) (intro.) For the purpose of aiding and cooperating in the planning, undertaking, construction or operation of housing projects located within the area in which it is authorized to may act, any state public body may upon such terms, with or without consideration, as it may determine do any of the following:

(a) Dedicate, sell, convey or lease any of its property to a housing authority or the federal government;.

(b) Cause parks, playgrounds, recreational, community, educational, water, sewer or drainage facilities, or any other works which it is otherwise empowered to may undertake, to be furnished adjacent to or in connection with housing projects;.

(d) Subject to the approval of the council, furnish, dedicate, close, pave, install, grade, regrade, plan or replan streets, roads, roadways, alleys, sidewalks or other places which it is otherwise empowered to may undertake;.

(e) Enter into agreements with a housing authority or the federal government respecting action to be taken by the state public body pursuant to any of the powers granted by ss. 66.40 66.1201 to 66.404 66.1211. The agreements may extend over any period, notwithstanding any provision or rule of law to the contrary;.

(f) Do any Any and all things, necessary or convenient to aid and cooperate in the planning, undertaking, construction or operation of such housing projects ;.

(g) Purchase or legally invest in any of the bonds of a housing authority and exercise all of the rights of any holder of such the bonds; .

150,396 Section 396. 66.403 (8) and (9) of the statutes are renumbered 66.1209 (2) and (3) and amended to read:

66.1209 (2) With respect to any housing project which a housing authority has acquired or taken over from the federal government and which the housing authority by resolution has found and declared to have been constructed in a manner that will promote the public interest and afford necessary safety, sanitation and other protection, no state public body shall may require any changes to be made in the housing project or the manner of its construction or take any other action relating to such the construction;.

(3) In connection with any public improvements made by a state public body in exercising the powers herein granted, such granted in ss. 66.1201 to 66.1211, the state public body may incur the entire expense thereof of the public improvements. Any law or statute to the contrary notwithstanding, any sale, conveyance, lease or agreement provided for in ss. 66.40 66.1201 to 66.404 66.1211 may be made by a state public body without appraisal, public notice, advertisement or public bidding.

150,397 Section 397. 66.404 of the statutes is renumbered 66.1211 and amended to read:

66.1211 Housing authorities; contracts with city; assistance to counties and municipalities. (1) Contracts between authority and city. In connection with any housing project located wholly or partly within the area in which it is authorized to act, any city may agree with an authority or government that a certain sum, subject to the limitations imposed by s. 66.40 66.1201 (22), or no sum shall be paid by the authority in lieu of taxes for any year or period of years.

(2) Advances to housing authority. When any housing authority which is created for any city becomes is authorized to transact business and exercise its powers therein, the governing body of the city, may immediately make an estimate of the amount of money necessary for the administrative expenses and overhead of such the housing authority during the first year thereafter after the creation of the housing authority, and may appropriate such the amount to the authority out of any moneys in such the city treasury not appropriated to some other purposes. The moneys so appropriated may be paid to the authority as a donation. Any city, town or incorporated village located in whole or in part within the area of operation of a housing authority shall have the power from time to time to may lend or donate money to the authority or to agree to take such action. The housing authority, when it has money available therefor to pay back loans made under this subsection, shall make reimbursements for all such loans made to it.

(3) Project submitted to planning commission. Before any housing project of the character designated in s. 66.40 66.1201 (9) (a) be is determined upon by the authority, or any real estate acquired or agreed to be acquired for such the project or the construction of any of the buildings begins or any application made for federal loan or grant for such the project, the extent thereof of the project and the general features of the proposed layout indicating in a general way the proposed location of buildings and open spaces shall be submitted to the planning commission, if any, of the city or political subdivision in which the proposed project is located, for the advice of such the planning commission upon on the proposed location, extent, and general features of the layout.

(4) Cooperation with cities, villages and counties. For the purpose of cooperating with and assisting cities, villages and counties, a housing authority may exercise its powers in the that territory within the boundaries of any city, village or county not included in the area in which such that housing authority is then authorized to function, or in any designated portion of such that territory, after the governing body of such the city, village or county, as the case may be, adopts a resolution declaring that there is a need for the authority to function in such the additional territory or in such designated portion thereof. If a housing authority has previously been authorized to exercise its powers in such the additional territory or designated portion, such a resolution shall not be adopted unless such the housing authority finds that ultimate economy would thereby be promoted, and such the housing authority shall not initiate any housing project in such the additional territory or designated portion after before the adoption of such the resolution.

Note: Amends sub. (4) to clarify that if a housing authority finds that a new resolution is necessary to extend its jurisdiction, even though the extension was previously authorized, the housing authority may not begin a housing project in the area of extended jurisdiction until the adoption of the new resolution.

(6) Controlling statutes. Insofar as ss. 66.40 66.1201 to 66.404 66.1211 are inconsistent with any other law, the provisions of ss. 66.40 66.1201 to 66.404 shall be controlling 66.1211 control.

(7) Supplemental nature of statute. The powers conferred by ss. 66.40 66.1201 to 66.404 shall be 66.1211 are in addition and supplemental to the powers conferred by any other law.

150,398 Section 398. 66.405 (title) of the statutes is renumbered 66.1301 (title).

150,399 Section 399. 66.405 (1), (2), (2m) and (3) (intro.) and (a) of the statutes are renumbered 66.1301 (1), (2), (2m) and (3) (intro.) and (a) and amended to read:

66.1301 (1) Short title. Sections 66.405 66.1301 to 66.425 shall be known and 66.1329 may be cited and referred to as the "Urban Redevelopment Law".

(2) Finding and declaration of necessity. It is declared that in the cities of the state substandard and insanitary areas exist which have resulted from inadequate planning, excessive land coverage, lack of proper light, air and open space, defective design and arrangement of buildings, lack of proper sanitary facilities, and the existence of buildings, which, by reason of age, obsolescence, inadequate or outmoded design, or physical deterioration have become economic or social liabilities, or both; that such. These conditions are prevalent in areas where substandard, insanitary, outworn or outmoded industrial, commercial or residential buildings prevail; that such. These conditions impair the economic value of large areas, infecting them with economic blight, and that such these areas are characterized by depreciated values, impaired investments, and reduced capacity to pay taxes, that such. These conditions are chiefly in areas which are so subdivided into small parcels in divided ownerships and frequently with defective titles, that their assembly for purposes of clearance, replanning, rehabilitation and reconstruction is difficult and costly; that the. The existence of such these conditions and the failure to clear, replan, rehabilitate or reconstruct these areas results in a loss of population by the areas and further deterioration, accompanied by added costs to the communities for creation of new public facilities and services elsewhere; that it. It is difficult and uneconomic for individual owners independently to undertake to remedy such these conditions; that it. It is desirable to encourage owners of property or holders of claims thereon on property in such these areas to join together and with outsiders in corporate groups for the purpose of the clearance, replanning, rehabilitation and reconstruction of such these areas by joint action; that it . It is necessary to create, with proper safeguards, inducements and opportunities for the employment of private investment and equity capital in the clearance, replanning, rehabilitation and reconstruction of such these areas; that such. These conditions require the employment of such capital on an investment rather than a speculative basis, allowing however, the widest latitude in the amortization of any indebtedness created thereby; that such. These conditions further require the acquisition at fair prices of adequate areas, the gradual clearance of such the areas through demolition of existing obsolete, inadequate, unsafe and insanitary buildings and the redevelopment of such the areas under proper supervision with appropriate planning, land use and construction policies; that the. The clearance, replanning, rehabilitation and reconstruction of such these areas on a large scale basis are necessary for the public welfare; that the. The clearance, replanning, reconstruction and rehabilitation of such these areas are public uses and purposes for which private property may be acquired; that such substandard. Substandard and insanitary areas constitute a menace to the health, safety, morals, welfare and reasonable comfort of the citizens of the state; that such. These conditions require the aid of redevelopment corporations for the purpose of attaining the ends herein recited; that the in this subsection. The protection and promotion of the health, safety, morals, welfare and reasonable comfort of the citizens of the state are matters of public concern; and the necessity. Sections 66.1301 to 66.1329 are in the public interest for the provisions hereinafter enacted is hereby declared as a matter of legislative determination.

(2m) Discrimination. Persons otherwise entitled to any right, benefit, facility or privilege under ss. 66.405 66.1301 to 66.425 66.1329 shall not, with reference thereto, be denied them in any manner for any purpose nor be discriminated against because of sex, race, color, creed, sexual orientation or national origin.

(3) Definitions. (intro.) The following terms, as used in In ss. 66.405 66.1301 to 66.425, shall 66.1329, unless a different intent clearly appears from the context, be construed as follows:

(a) "Area" means a portion of a city which its planning commission finds to be substandard or insanitary, so that the clearance, replanning, rehabilitation or reconstruction thereof of that portion is necessary or advisable to effectuate the public purposes declared in sub. (2); and may include any. "Area" includes buildings or improvements not in themselves substandard or insanitary, and any real property, whether improved or unimproved, the inclusion of which is deemed considered necessary for the effective clearance, replanning, reconstruction or rehabilitation of the area of which such the buildings, improvements or real property form a part; and also includes vacant land which is in such proximity to other land or structures so as to impair that the economic value thereof of the other land or structures is impaired.

150,400 Section 400. 66.405 (3) (c) of the statutes is repealed.

Note: Repeals a provision that defines a city to be a city. The provision is unnecessary.

150,401 Section 401. 66.405 (3) (d) to (s) of the statutes are renumbered 66.1301 (3) (d) to (s) and amended to read:

66.1301 (3) (d) "Development" shall mean means a specific work, repair or improvement to put into effect a development plan and shall include includes the real property, buildings and improvements owned, constructed, managed or operated by a redevelopment corporation.

(e) "Development area" shall mean means that portion of an area to which a development plan is applicable.

(f) "Development cost" shall mean means the amount determined by the planning commission to be the actual cost of the development, or of the part thereof of the development for which such the determination is made, and shall include. "Development cost" includes, among other costs, all of the following:

1. The reasonable costs of planning the development, including preliminary studies and surveys, neighborhood planning, and architectural and engineering services , and legal and incorporation expense, the.

2. The actual cost, if any, of alleviating hardship to families occupying dwelling accommodations in the development area where such hardship results from the execution of the development plan, the.

3. The reasonable costs of financing the development, including carrying charges during construction, working.

4. Working capital in an amount not exceeding 5 per cent 5% of development cost, the.

5. The actual cost of the real property included in the development, the actual cost of demolition of existing structures, the actual cost and of utilities, landscaping and roadways, the.

6. The amount of special assessments subsequently paid, the.

7. The actual cost of construction, equipment and furnishing of buildings and improvements, including architectural, engineering and builder's fees, the.

8. The actual cost of reconstruction, rehabilitation, remodeling or initial repair of existing buildings and improvements, reasonable.

9. Reasonable management costs until the development is ready for use, and the.

10. The actual cost of improving that portion of the development area which is to remain as open space, together with such additions to development cost as shall that equal the actual cost of additions to or changes in the development in accordance with the original development plan or after approved changes in or amendments thereto to the development plan.

(g) "Development plan" shall mean means a plan for the redevelopment of all or any part of an area, and shall include includes any amendments thereto that are approved in accordance with the requirements of s. 66.407 66.1305 (1).

(h) "Local governing body" shall mean the board of alderpersons, means a common council, council, commission or other board or body vested by the charter of the a city or other law with jurisdiction to adopt or enact ordinances or local laws.