SB436: Bill Text

SB436, s. 220 Section 220. 66.058 (3) (c) 6. of the statutes is created to read:

SB436,83,6 66.058 (3) (c) 6. The licensee of a park shall be liable for the monthly parking permit fee for any mobile home occupying space therein as well as the owner and occupant thereof. A municipality, by ordinance, may require the mobile home park operator to collect the monthly parking permit fee from the mobile home owner.

SB436, s. 221 Section 221. 66.066 (1a) of the statutes is amended to read:

SB436,83,13 66.066 (1a) Nothing herein in this section shall be construed to limit the authority of any municipality to acquire, own, operate and finance in the manner provided in this section, a source of water supply and necessary transmission facilities (, including all real and personal property), beyond its corporate limits, and a. A source of water supply 50 miles beyond such a municipality's corporate limits shall be deemed considered to be within such a municipality's authority.

Note: Replaces parentheses and language for greater readability and conformity with current style.

SB436, s. 222 Section 222. 66.073 (6) (h) of the statutes is amended to read:

SB436,83,17 66.073 (6) (h) Acquire, own, hold, use, lease (as lessor or lessee), sell or otherwise dispose of, mortgage, pledge, or grant a security interest in any real or personal property, commodity or service or interest therein subject to s. 182.017 (7).

Note: Deletes parentheses for greater conformity with current style.

SB436, s. 223 Section 223. 66.073 (8) (a) of the statutes is renumbered 66.073 (8) (a) 2. and amended to read:

SB436,84,7 66.073 (8) (a) 2. The contracting municipalities may provide in the contract created under sub. (5) for payment to the company of funds for commodities to be procured and services to be rendered by the company. These municipalities and other persons and public agencies may enter into purchase agreements with the company for the purchase of electric power and energy whereby the purchaser is obligated to make payments in amounts which shall be sufficient to enable the company to meet its expenses, interest and principal payments (, whether at maturity or upon debt service fund redemption), reasonable reserves for debt service, operation and maintenance and renewals and replacements and the requirements of any rate covenant with respect to debt service coverage contained in any resolution, trust indenture or other security instrument.

SB436,84,15 3. Purchase agreements entered into under subd. 2. may, in addition to the provisions authorized under subd.. 2., contain such other terms and conditions as that the company and the purchasers may determine, including provisions whereby the purchaser is obligated to pay for power irrespective of whether energy is produced or delivered to the purchaser or whether any project contemplated by any such agreement is completed, operable or operating, and notwithstanding suspension, interruption, interference, reduction or curtailment of the output of such project. Such

SB436,84,24 4. Purchase agreements entered into under subd. 2. may be for a term covering the life of a project or for any other term, or for an indefinite period. The contract created under sub. (5) or a purchase agreement may provide that if one or more of the purchasers defaults in the payment of its obligations under any such a purchase agreement, the remaining purchasers which also have such purchase agreements shall be required to accept and pay for and shall be entitled proportionately to use or otherwise dispose of the power and energy to be purchased by the defaulting purchaser. For purposes of this paragraph the phrase "purchase of electric power and energy" includes any right to capacity or interest in any project.

Note: Subdivides provision, deletes parentheses and replaces and repositions language for greater conformity with current style. See also the next section of this bill.

SB436, s. 224 Section 224. 66.073 (8) (a) 1. of the statutes is created to read:

SB436,85,3 66.073 (8) (a) 1. In this paragraph, "purchase of electric power and energy" includes any right to capacity or interest in any project.

Note: Moves definition to beginning of paragraph in conformity with current style. See also the previous section of this bill.

SB436, s. 225 Section 225. 66.10 of the statutes is renumbered 66.10 (intro.) and amended to read:

SB436,85,8 66.10 Official publication. (intro.) Whenever in under ss. 66.01 to 66.08 publication is required to be in the official paper of other than a city, and there is no official paper, the publication shall be as follows:

SB436,85,10 (1) By publication in a paper published in the municipality and designated by the officers or body conducting the proceedings, and if there be.

SB436,85,14 (2) If no paper is published in the municipality, then by publication in a paper published in the county and having which has a general circulation in the municipality and so is designated by the officers or body conducting the proceedings, and by posting in at least four 4 public places in the municipality, and if there be also .

SB436,85,17 (3) If no such paper then is published in the county which has a general circulation in the municipality, by such posting in at least 4 public places in the municipality.

Note: Renumbers provision and replaces language for greater readability and conformity with current style.

SB436, s. 226 Section 226. 66.125 of the statutes is amended to read:

SB436,86,4 66.125 Orders; action; proof of demand. No action shall be brought upon any city, village, town or school district order until the expiration of 30 days after a demand for the payment of the same shall have been made. If such an action is brought and the defendant fails to appear and defend the same action, judgment shall not be entered without affirmative proof of such the demand, and if. If judgment is entered without such proof of the demand, the judgment shall be absolutely void.

Note: Replaces language and modifies punctuation for greater readability and conformity with current style.

SB436, s. 227 Section 227. 66.40 (3) (a) of the statutes is amended by replacing "five" with "5".

Note: Replaces word form of number with digit for greater conformity with current style.

SB436, s. 228 Section 228. 66.40 (5) (a) of the statutes is amended by replacing "five" with "5" and by replacing "two" with "2".

Note: Replaces word form of number with digit for greater conformity with current style.

SB436, s. 229 Section 229. 66.40 (8) of the statutes is amended by replacing "ten" with "10".

Note: Replaces word form of number with digit for greater conformity with current style.

SB436, s. 230 Section 230. 66.40 (10) (b) of the statutes is renumbered 66.40 (10) (b) (intro.) and amended to read:

SB436,86,17 66.40 (10) (b) (intro.) At any time at or after the filing for condemnation, and before the entry of final judgment, the authority may file with the clerk of the court in which the petition is filed, a declaration of taking signed by the duly authorized officer or agent of the authority declaring that all or any part of the property described in the petition is to be taken for the use of the authority. The said declaration of taking shall be sufficient as if it sets forth: (1) a all of the following:

SB436,86,19 1. A description of the property, sufficient for the identification thereof, to which there may be attached a plat or map thereof; (2) a.

SB436,86,20 2. A statement of the estate or interest in said the property being taken; (3) a .

SB436,87,4 3. A statement of the sum of money estimated by the authority to be just compensation for the property taken, which sum shall be not less than the last assessed valuation for tax purposes of the estate or interest in the property to be taken.

Note: Subdivides provision and replaces language for greater conformity with current style.

SB436, s. 231 Section 231. 66.40 (13) (a) of the statutes is renumbered 66.40 (13) (a) 1. and amended to read:

SB436,87,10 66.40 (13) (a) 1. An authority shall have power to issue bonds from time to time in its discretion, for any of its corporate purposes. An authority may issue such types of bonds as it may determine, including (,without limiting the generality of the foregoing), bonds on which the principal and interest are payable: (1) exclusively:

SB436,87,13 a. Exclusively from the income and revenues of the housing project financed with the proceeds of such the bonds, or with such those proceeds together with a grant from the federal government in aid of such the project; (2) exclusively

SB436,87,16 b. Exclusively from the income and revenues of certain designated housing projects whether or not they were financed in whole or in part with the proceeds of such bonds; or (3) from

SB436,87,17 c. From its revenues generally.

SB436,87,21 2. Any of such the bonds under subd. 1. may be additionally secured by a pledge of any revenues or (, subject to the limitation hereinafter limitations imposed) under pars. (b) and (c), a mortgage of any housing project, projects or other property of the authority.

SB436, s. 232 Section 232. 66.40 (15) (L) of the statutes is renumbered 66.40 (15) (L) (intro.) and amended to read:

SB436,88,2 66.40 (15) (L) (intro.) To create or to authorize the creation of special funds in which there shall be segregated (a) the following:

SB436,88,3 1. The proceeds of any loan or grant or both; (b) all.

SB436,88,5 2. All of the rents, fees and revenues of any housing project or projects or parts thereof; (c) any.

SB436,88,8 3. Any moneys held for the payment of the costs of operations and maintenance of any such housing projects or as a reserve for the meeting of contingencies in the operation and maintenance thereof; (d) any.

SB436,88,10 4. Any moneys held for the payment of the principal and interest on its bonds or the sums due under its leases or as a reserve for such payments; and (e) any

SB436,88,11 5. Any moneys held for any other reserves or contingencies; and to.

SB436,88,13 (Lm) To covenant as to the use and disposal of the moneys held in such funds created under par. (L).

Note: Subdivides provision for greater consistency with current style.

SB436, s. 233 Section 233. 66.40 (15) (t) of the statutes is amended to read:

SB436,88,21 66.40 (15) (t) To covenant to surrender possession of all or any part of any housing project or projects upon the happening of an event of default (, as defined in the contract), and to vest in an obligee the right to take possession and to use, operate, manage and control such housing projects or any part thereof, and to collect and receive all rents, fees and revenues arising therefrom in the same manner as the authority itself might do and to dispose of the moneys collected in accordance with the agreement of the authority with such obligee.

Note: Replaces parentheses for greater consistency with current style.

SB436, s. 234 Section 234. 66.40 (16) of the statutes is renumbered 66.40 (16) (b) (intro.) and amended to read:

SB436,89,4 66.40 (16) (b) (intro.) In connection with any project financed in whole or in part, or otherwise aided by a government (, whether through a donation of money or property, a loan, the insurance or guarantee of a loan, or otherwise ), the authority shall also have power to mortgage do any of the following:

SB436,89,6 1. Mortgage all or any part of its property, real or personal, then owned or thereafter acquired, to grant.

SB436,89,8 2. Grant security interests in such its property, and to issue real or personal, then owned or thereafter acquired.

SB436,89,11 3. Issue its note or other obligation as may be required by the government. For purposes of this subsection, "government" includes the Wisconsin housing and economic development authority.

Note: Deletes parentheses, subdivides provision and reorganizes and replaces language for greater conformity with current style. See also the next section of this bill.

SB436, s. 235 Section 235. 66.40 (16) (a) of the statutes is created to read:

SB436,89,14 66.40 (16) (a) In this subsection, "government" includes the Wisconsin housing and economic development authority.

Note: Moves definition to the beginning of the section consistent with current style. See also the previous section of this bill.

SB436, s. 236 Section 236. 66.40 (17) (a) of the statutes is amended to read:

SB436,89,21 66.40 (17) (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 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 to 66.404.

Note: Deletes parentheses for greater conformity with current style.

SB436, s. 237 Section 237. 66.402 (1) (b) of the statutes is amended to read:

SB436,90,4 66.402 (1) (b) It may rent or lease to a tenant dwelling accommodations consisting of the number of rooms (, but no greater number), which it deems considers necessary to provide safe and sanitary accommodations to the proposed occupants thereof, without overcrowding.

Note: Deletes parentheses and replaces language for greater conformity with current style.

SB436, s. 238 Section 238. 66.402 (1) (c) of the statutes is amended to read:

SB436,90,19 66.402 (1) (c) It shall not accept any person as a tenant in any housing project if the person or persons who would occupy the dwelling accommodations have an aggregate annual income in excess of 5 times the annual rental of the quarters to be furnished such the person or persons, except that in the case of families with minor dependents such the aggregate annual income of the person or persons who would occupy the dwelling accommodations may exceed 5 times the annual rental of the quarters to be furnished by $100 for each minor dependent or by an amount equal to the annual income of the minor dependents; in. In computing the rental for this the purpose of selecting tenants, there the authority shall be included determine and include in the rental the average annual cost (as determined by the authority) to the occupants, of heat, water, electricity, gas, cooking range and other necessary services or facilities, whether or not the charge for such services and facilities is in fact included in the rental. For the purposes of this subsection, a minor shall mean a person less than 18 years of age.

Note: Deletes parentheses and reorganizes and replaces language for greater conformity with current style. The definition of "minor" is redundant as it does not differ substantively from the general definition contained in s. 990.01.

SB436,90,21 Section 239. 66.4025 (1) (a) of the statutes is amended by replacing "accomodations" with "accommodations".

Note: Corrects spelling.

SB436, s. 240 Section 240. 66.4025 (1) (b) of the statutes is amended by replacing "accomodations" with "accommodations".

Note: Corrects spelling.

SB436, s. 241 Section 241. 66.4025 (1) (c) of the statutes is amended by replacing "accomodations" with "accommodations".

Note: Corrects spelling.

SB436, s. 242 Section 242. 66.4025 (2) of the statutes is amended by replacing "accomodations" with "accommodations".

Note: Corrects spelling.

SB436, s. 243 Section 243. 66.4025 (3) (intro.) of the statutes is amended by replacing "accomodations" with "accommodations".

Note: Corrects spelling.

SB436, s. 244 Section 244. 66.403 (5) of the statutes is amended to read:

SB436,91,15 66.403 (5) Enter into agreements, (which may extend over any period, notwithstanding any provision or rule of law to the contrary) with a housing authority or the federal government respecting action to be taken by such the state public body pursuant to any of the powers granted by ss. 66.40 to 66.404. The agreements may extend over any period, notwithstanding any provision or rule of law to the contrary;

Note: Deletes parentheses and reorganizes and replaces language for greater readability and conformity with current style.

SB436, s. 245 Section 245. 66.404 (1) of the statutes is amended to read:

SB436,91,21 66.404 (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 (22)), or that no sum, shall be paid by the authority in lieu of taxes for any year or period of years.

Note: Deletes parentheses for greater conformity with current style.