AB710,104,2016
3. Nothing in this subsection relieves the owner of
any property for which a
17receiver has been appointed under par.
(bg) (d) from any civil or criminal
18responsibility or liability except that the receiver
shall have has civil and criminal
19responsibility and liability for all matters and acts directly under the receiver's
20authority or performed at his or her discretion.
AB710,104,2421
4. If a defect is not remedied and repairs and alterations are not made within
22the time limit set by the circuit court under par.
(bg) (d), the court shall order that
23the building inspector or other designated officer proceed to raze
and remove the
24building
and restore the site to a dust-free and erosion-free condition.
AB710,105,3
15. All costs and disbursements
with respect to
razing, removing and restoration
2of the site raze a building under this subsection shall be as provided
for under sub.
3(2) (a) (1) (f).
AB710, s. 147
4Section
147
. 66.05 (8) (d) of the statutes is repealed.
Note: Restated as a definition under s. 66.0413 (2) (a) 2. See Section 106 of
this bill.
AB710, s. 148
5Section
148. 66.05 (9) of the statutes is renumbered 66.0413 (3), and 66.0413
6(3) (d), as renumbered, is amended to read:
AB710,105,127
66.0413
(3) (d) If a municipal governing body, inspector of buildings or
8designated officer determines that the cost of repairs to a historic building would be
9less than 85% of the assessed value of the building divided by the ratio of the assessed
10value to the recommended value as last published by the department of revenue for
11the municipality within which the historic building is located,
such the repairs
shall
12be are presumed reasonable.
AB710, s. 149
13Section
149. 66.05 (10) of the statutes is renumbered 66.0413 (4).
AB710, s. 150
14Section
150. Subchapter V (title) of chapter 66 [precedes 66.0501] of the
15statutes is created to read:
AB710,105,1616
Chapter 66
AB710,105,1817
Subchapter V
18
Officers and Employes
AB710, s. 151
19Section
151. 66.051 (title) and (1) (a) to (bm) of the statutes are renumbered
2066.0107 (title) and (1) (a) to (bm), and 66.0107 (1) (b) and (bm), as renumbered, are
21amended to read:
AB710,106,222
66.0107
(1) (b)
Cause the seizure of
Seize anything devised solely for gambling
23or found in actual use for gambling and
cause the destruction of any such thing
1destroy the device after a judicial determination that it was used solely for gambling
2or found in actual use for gambling;
and
AB710,106,93
(bm) Enact and enforce an ordinance to prohibit the possession of 25 grams or
4less of marijuana, as defined in s. 961.01 (14), subject to the exceptions in s. 961.41
5(3g) (intro.), and provide a forfeiture for a violation of the ordinance; except that any
6person who is charged with possession of more than 25 grams of marijuana, or who
7is charged with possession of any amount of marijuana following a conviction for
8possession of marijuana, in this state shall not be prosecuted under this paragraph
;
9and.
AB710, s. 152
10Section
152. 66.051 (1) (c) of the statutes is repealed.
Note: Section 66.051 (1) (c) is repealed as unnecessary given the general
provision of s. 66.051 (2), renumbered s. 66.0107 (2), that nothing in the section
may be construed to preclude cities, villages and towns from prohibiting conduct
which is the same or similar to that prohibited by chs. 941 to 948. Under
repealed par. (c), towns, villages and cities may: "Prohibit conduct which is the
same as or similar to that prohibited by s. 947.01, 947.012 or 947.0125."
AB710, s. 153
11Section
153. 66.051 (2) and (3) of the statutes are renumbered 66.0107 (2) and
12(3).
AB710, s. 154
13Section
154
. 66.0517 of the statutes is created to read:
AB710,106,15
1466.0517 Weed commissioner. (1) Definition. In this section, "noxious
15weeds" has the meaning given in s. 66.0407 (1) (b).
AB710,107,5
16(2) Appointment. (a)
Town, village and city weed commissioner. The
17chairperson of each town, the president of each village and the mayor of each city may
18appoint one or more commissioners of noxious weeds on or before May 15 in each
19year. A weed commissioner shall take the official oath and the oath shall be filed in
20the office of the town, village or city clerk. A weed commissioner shall hold office for
21one year and until a successor has qualified or the town chairperson, village
22president or mayor determines not to appoint a weed commissioner. If more than one
1commissioner is appointed, the town, village or city shall be divided into districts by
2the officer making the appointment and each commissioner shall be assigned to a
3different district. The town chairperson, village president or mayor may appoint a
4resident of any district to serve as weed commissioner in any other district of the
5same town, village or city.
AB710,107,136
(b)
County weed commissioner. A county may by resolution adopted by its
7county board provide for the appointment of a county weed commissioner and
8determine the duties, term and compensation for the county weed commissioner.
9When a weed commissioner has been appointed under this paragraph and has
10qualified, the commissioner has the powers and duties of a weed commissioner
11described in this section. Each town chairperson, village president or mayor may
12appoint one or more deputy weed commissioners, who shall work in cooperation with
13the county weed commissioner in the district assigned by the appointing officer.
AB710,107,21
14(3) Powers, duties and compensation. (a)
Destruction of noxious weeds. A weed
15commissioner shall investigate the existence of noxious weeds in his or her district.
16If a person in a district neglects to destroy noxious weeds as required under s. 66.0407
17(3), the weed commissioner shall destroy, or have destroyed, the noxious weeds in the
18most economical manner. A weed commissioner may enter upon any lands that are
19not exempt under s. 66.0407 (5) and cut or otherwise destroy noxious weeds without
20being liable to an action for trespass or any other action for damages resulting from
21the entry and destruction, if reasonable care is exercised.
AB710,108,1622
(b)
Compensation of weed commissioner. 1. Except as provided in sub. (2) (b),
23a weed commissioner shall receive compensation for the destruction of noxious weeds
24as determined by the town board, village board or city council upon presenting to the
25proper treasurer the account for noxious weed destruction, verified by oath and
1approved by the appointing officer. The account shall specify by separate items the
2amount chargeable to each piece of land, describing the land, and shall, after being
3paid by the treasurer, be filed with the town, village or city clerk. The clerk shall
4enter the amount chargeable to each tract of land in the next tax roll in a column
5headed "For the Destruction of Weeds", as a tax on the lands upon which the weeds
6were destroyed. The tax shall be collected under ch. 74, except in case of lands which
7are exempt from taxation, railroad lands or other lands for which taxes are not
8collected under ch. 74. A delinquent tax may be collected as is a delinquent real
9property tax under chs. 74 and 75 or as is a delinquent personal property tax under
10ch. 74. In case of railroad lands or other lands for which taxes are not collected under
11ch. 74, the amount chargeable against these lands shall be certified by the town,
12village or city clerk to the state treasurer who shall add the amount designated to the
13sum due from the company owning, occupying or controlling the lands specified. The
14state treasurer shall collect the amount chargeable as prescribed in subch. I of ch.
1576 and return the amount collected to the town, city or village from which the
16certification was received.
AB710,108,1917
2. For the performance of duties other than the destruction of noxious weeds,
18a weed commissioner shall receive compensation to be determined by the town board,
19village board or city council.
Note: Creates s. 66.0517 of the statutes in order to combine the provisions
regarding weed commissioners contained in ss. 66.97 to 66.99. The latter
statutes are repealed in Section 620 of this bill. The new provision specifies
that the appointment of a town, village or city weed commissioner is optional.
The provision also differs from s. 66.97 by treating a 1st class city in the same
manner as any other city. Otherwise, ss. 66.97 to 66.99 are restated.
AB710, s. 155
20Section
155. 66.052 of the statutes is renumbered 66.0415 and amended to
21read:
AB710,109,21
166.0415 Offensive industry.
(1) Any The common council
of a city or village
2board may direct the location, management and construction of, and license,
3regulate or prohibit
, any industry, thing or place where any nauseous, offensive or
4unwholesome business is carried on, that is within the city or village or within 4 miles
5of the boundaries of the city or village, except that the Milwaukee, Menominee and
6Kinnickinnic rivers with their branches to the outer limits of the county of
7Milwaukee, and all canals connecting with
said these rivers, together with the lands
8adjacent to
said these rivers and canals or within 100 yards of them, are
deemed to
9be within the jurisdiction of the city of Milwaukee.
Any A town board
shall have has 10the same powers as are provided in this section for cities and villages
, as to the area
11within the town that is not licensed, regulated or prohibited by
any a city or village
12under this section.
Any A business that is conducted in violation of
any a city, village
13or town ordinance that is authorized
to be enacted under this section is a public
14nuisance. An action for the abatement or removal of the business or
to obtain an
15injunction to prevent operation of the business may be brought and maintained by
16the common council or village or town board in the name of this state on the relation
17of
such the city, village or town as provided in ss. 823.01, 823.02 and 823.07, or as
18provided in s. 254.58. Section 97.42
may does not limit the powers granted by this
19section. Section 95.72
may does not limit the powers granted by this section to cities
20or villages but powers granted to towns by this section are limited by s. 95.72 and by
21any orders and rules promulgated under s. 95.72.
AB710,110,2
22(2) Any To prevent nuisance, a city or village may, subject to the approval of the
23appropriate town board
of such town, by ordinance enact reasonable regulations
24governing areas where refuse, rubbish, ashes or garbage
shall be are dumped or
1accumulated in
any a town within one mile of the corporate limits of
such the city or
2village
, so as to prevent nuisance.
AB710, s. 156
3Section
156. 66.053 of the statutes is renumbered 66.0433, and 66.0433 (1) (a),
4(am) and (c) and (2), as renumbered, are amended to read:
AB710,110,195
66.0433
(1) (a)
Each A town board, village board
and or common council
shall 6may grant licenses to
such persons
as they deem it considers proper for the sale of
7beverages containing less than
one-half of one per centum 0.5% of alcohol by volume
8to be consumed on the premises where sold and to manufacturers, wholesalers,
9retailers and distributors of
such these beverages
, for which. The fee for a license
fee
10of shall be not less than $5 nor more than $50, to be fixed by the board or council
, shall
11be paid, except that where
such these beverages are sold
, not to be consumed on for
12consumption off the premises
, the license fee shall be $5.
Such The license shall be
13issued by the town, village or city clerk, shall designate the specific premises for
14which granted and shall expire the
thirtieth day of
next June
thereafter 30 after
15issuance. The full license fee shall be charged for the whole or a fraction of the year.
16No
such beverages
shall described in this paragraph may be manufactured, sold at
17wholesale or retail or sold for consumption on the premises, or kept for sale at
18wholesale or retail
, or for consumption on the premises where sold
, without
such a 19license
issued under this paragraph.
AB710,110,2420
(am)
In case of removal of the If a place of business
moves from the premises
21designated in the license to another location in the town, village or city within the
22license period, the licensee shall give notice of
such
the change of location, and the
23license shall be amended accordingly without payment of
an additional fee.
No such 24A license
, however, shall be is not transferable from one person to another.
AB710,111,6
1(c)
Each A town board, village board
and or common council
shall have
2authority may by resolution or ordinance
to adopt
such regulations as it may deem 3reasonable and necessary
regulations regarding the location of licensed premises,
4the conduct
thereof of the licensed premises, the sale of beverages containing less
5than
one-half of one per centum 0.5% of alcohol by volume and the revocation of any
6license
or permit.
AB710,111,17
7(2) Soda water beverages. Each A town board, village board
and
or common
8council of any city may grant licenses to
such persons
as they deem it considers 9proper for the sale of soda water beverages, as defined in s. 97.34, to be consumed on
10or off the premises where sold.
Such A license fee shall be fixed by
such the governing
11body of
such the city, village or town but shall not exceed $5. The license shall be
12issued by the town, city or village clerk, shall designate the specific premises for
13which granted and shall expire on the
thirtieth day of
next June
thereafter. Each
14such 30 after issuance. The governing body
shall have authority may by resolution
15or ordinance
to adopt
such regulations as it may deem reasonable and necessary
16regulations regarding the location of licensed premises, the conduct
thereof of the
17licensed premises and the revocation of any
such license.
AB710, s. 157
18Section
157. 66.057 of the statutes is renumbered 157.129, and 157.129 (title),
19as renumbered, is amended to read:
AB710,111,20
20157.129 (title)
Minimum acreage of cemeteries; local ordinance.
AB710, s. 158
21Section
158
. 66.058 (title), (1), (2) and (3) (title), (a), (b) and (c) 1. to 7. of the
22statutes are renumbered 66.0435 (title), (1), (2) and (3) (title), (a), (b) and (c) 1. to 7.,
23and 66.0435 (1) (intro.) and (e), (2) and (3) (a), (c) 1. (intro.), 2. and 4. to 7., as
24renumbered, are amended to read:
AB710,111,2525
66.0435
(1) Definitions. (intro.)
For the purposes of In this section:
AB710,112,3
1(e) "Mobile home park" means any plot or plots of ground upon which 2 or more
2units, occupied for dwelling or sleeping purposes are located, regardless of whether
3or not a charge is made for
such
the accommodation.
AB710,112,14
4(2) License and revocation or suspension thereof Granting, revoking or
5suspending license. (a) It
shall be
is unlawful for any person to maintain or operate
6a mobile home park within the limits of
any a city, town or village,
any mobile home
7park unless
such the person
shall first obtain has received a license from the city,
8town or village
a license therefor. All such parks in existence on August 9, 1953 shall
9within 90 days thereafter, obtain such license, and in all other respects comply fully
10with the requirements of this section except that the licensing authority shall upon
11application of a park operator, waive such requirements that require prohibitive
12reconstruction costs if such waiver does not affect sanitation requirements of the city,
13town or village or create or permit to continue any hazard to the welfare and health
14of the community and the occupants of the park.
AB710,112,1915
(b) In order to protect and promote the public health, morals and welfare and
16to equitably defray the cost of municipal and educational services required by
17persons and families using or occupying trailers, mobile homes, trailer camps or
18mobile home parks for living, dwelling or sleeping purposes,
each a city council,
19village board and town board may
establish do any of the following:
AB710,112,22
201. Establish and enforce by ordinance reasonable standards and regulations
21for every trailer and trailer camp and every mobile home and mobile home park
;
22require.
AB710,113,2
232. Require an annual license fee to operate
the same a trailer and trailer camp
24or mobile home and mobile home park and levy and collect special assessments to
1defray the cost of municipal and educational services furnished to
such the trailer
2and trailer camp, or mobile home and mobile home park.
They may limit
AB710,113,4
33. Limit the number of units, trailers or mobile homes that may be parked or
4kept in any one camp or park
, and limit.
AB710,113,10
54. Limit the number of licenses for trailer camps or parks in any common school
6district, if the mobile housing development would cause the school costs to increase
7above the state average or if an exceedingly difficult or impossible situation exists
8with regard to providing adequate and proper sewage disposal in the particular area.
9The power conferred on cities, villages and towns by this section is in addition to all
10other grants and shall be deemed limited only by the express language of this section.
AB710,113,1511
(c) In
any a town in which the town board enacts an ordinance regulating
12trailers under
the provisions of this section and has also enacted and approved a
13county zoning ordinance under the provisions of s. 59.69, the provisions of the
14ordinance which is most restrictive
shall apply with respect to the establishment and
15operation of
any a trailer camp in
said the town.
AB710,114,716
(d)
Any A license granted under
the provisions of this section
shall be is subject
17to revocation or suspension for cause by the
common council, village board or town
18board licensing authority that issued the license upon complaint filed with the clerk
19of the
city, village or town licensing authority, if the complaint is signed by
any
a law
20enforcement officer, local health officer, as defined in s. 250.01 (5), or building
21inspector
, after a public hearing upon the complaint
, provided that the. The holder
22of the license shall be given 10 days'
written notice
in writing of the hearing, and
the
23holder of the license shall be is entitled to appear and be heard as to why the license
24shall should not be revoked.
Any A holder of a license that is revoked or suspended
25by the
governing body of any city, village or town
licensing authority may within 20
1days of the date of the revocation or suspension appeal
therefrom the decision to the
2circuit court of the county in which the trailer camp or mobile home park is located
3by filing a written notice of appeal with the
city, village or town clerk
of the licensing
4authority, together with a bond executed to the
city, village or town licensing
5authority, in the sum of $500 with 2 sureties or a bonding company approved by the
6said clerk, conditioned for the faithful prosecution of the appeal and the payment of
7costs adjudged against the license holder.
AB710,114,16
8(3) (a) The licensing authority shall
exact collect from the licensee an annual
9license fee of not less than $25
and not nor more than $100 for each 50 spaces or
10fraction
thereof of 50 spaces within each mobile home park within its limits
, except
11that where. If the park lies in more than one municipality the amount of the license
12fee shall be
such fraction thereof as the number of spaces in the park in the
13municipality bears to the entire number of spaces in the park
determined by
14multiplying the gross fee by a fraction the numerator of which is the number of spaces
15in the park in a municipality and the denominator of which is the entire number of
16spaces in the park.
AB710,114,2217
(c) 1. (intro.) In addition to the license fee provided in pars. (a) and (b), each
local
18taxing licensing authority shall collect from each mobile home occupying space or
19lots in a park in the
city, town or village licensing authority, except from mobile homes
20that constitute improvements to real property under s. 70.043 (1) and from
21recreational mobile homes and camping trailers as defined in s. 70.111 (19), a
22monthly parking permit fee computed as follows:
AB710,115,1023
2. The monthly parking permit fee
shall be is applicable to mobile homes
24moving into the tax district any time during the year. The park operator shall furnish
25information to the tax district clerk and the assessor on mobile homes added to the
1park within 5 days after their arrival, on forms prescribed by the department of
2revenue. As soon as the assessor receives the notice of an addition of a mobile home
3to a park, the assessor shall determine its fair market value and notify the clerk of
4that determination. The clerk shall equate the fair market value established by the
5assessor and shall apply the appropriate tax rate, divide the annual parking permit
6fee thus determined by 12 and notify the mobile home owner of the monthly fee to
7be collected from the mobile home owner. Liability for payment of the fee
shall begin 8begins on the first day of the next succeeding month and
shall remain on the mobile
9home only continues for
such
the months
as in which the mobile home remains in the
10tax district.
AB710,115,1411
4. The valuation established
shall be is subject to review as are other values
12established under ch. 70. If the board of review reduces a valuation on which
13previous monthly payments have been made the tax district shall refund past excess
14fee payments.
AB710,115,1715
5. The monthly parking permit fee shall be paid by the mobile home owner to
16the local taxing authority on or before the 10th of the month following the month for
17which
such the parking permit fee is due.
AB710,115,2218
6. The licensee of a park
shall be is liable for the monthly parking permit fee
19for any mobile home occupying space
therein in the park as well as the owner and
20occupant
thereof of the mobile home occupying space. A municipality, by ordinance,
21may require the mobile home park operator to collect the monthly parking permit fee
22from the mobile home owner.
AB710,116,323
7. No monthly parking permit fee
shall may be imposed for any space occupied
24by a mobile home accompanied by an automobile for an accumulating period not to
25exceed 60 days in any 12 months if the occupants of the mobile home are tourists or
1vacationists. Exemption certificates in duplicate shall be accepted by the treasurer
2of the licensing authority from qualified tourists or vacationists in lieu of monthly
3mobile home parking permit fees.
AB710,116,156
66.0435
(3) (c) 8. The credit under s. 79.10 (9) (bm), as it applies to the principal
7dwelling on a parcel of taxable property
shall apply, applies to the estimated fair
8market value of a mobile home that is the principal dwelling of the owner. The owner
9of the mobile home shall file a claim for the credit with the treasurer of the
10municipality in which the property is located. To obtain the credit under s. 79.10 (9)
11(bm), the owner shall attest on the claim that the mobile home is the owner's
12principal dwelling. The treasurer shall reduce the owner's parking permit fee by the
13amount of any allowable credit. The treasurer shall furnish notice of all claims for
14credits filed under this subdivision to the department of revenue as provided under
15s. 79.10 (1m).
AB710, s. 160
16Section
160. 66.058 (3) (d) to (h) and (3m) to (8) of the statutes are renumbered
1766.0435 (3) (d) to (h) and (3m) to (8), and 66.0435 (3) (d) to (h) and (5) to (8), as
18renumbered, are amended to read:
AB710,116,2019
66.0435
(3) (d) This section
shall
does not apply
where to a mobile home park
20that is owned and operated by any county under the provisions of s. 59.52 (16) (b).
AB710,117,221
(e) If a mobile home is permitted by local ordinance to be located outside of a
22licensed park, the monthly parking permit fee shall be paid by the owner of the land
23on which it stands, and the owner of
such the land shall
be required to comply with
24the reporting requirements of par. (c). The owner of the land may collect the fee from
25the owner of the mobile home and, on or before January 10 and on or before July 10,
1shall transmit to the taxation district all fees owed for the 6 months ending on the
2last day of the month preceding the month when the transmission is required.
AB710,117,4
3(f) Nothing
contained in this subsection
shall prohibit prohibits the regulation
4thereof by local ordinance
of a mobile home park.
AB710,117,85
(g) Failure to timely pay the tax
hereunder prescribed in this subsection shall
6be treated
in all respects like as a default in payment of personal property tax and
7shall be is subject to all procedures and penalties applicable
thereto under chs. 70
8and 74.
AB710,117,129
(h) Each local governing body
is empowered to may enact an ordinance
10providing a forfeiture of up to $25 for
the failure to comply with the reporting
11requirements of par. (c) or (e). Each failure to report
shall be regarded as is a separate
12offense.
AB710,117,21
13(5) Plans and specifications to be filed. Accompanying, and to be filed with
14an original application for a mobile home park, shall be plans
Plans and
15specifications
which shall be in compliance with all applicable
city, town or village 16ordinances
of the licensing authority and provisions of the department of health and
17family services
shall be filed with an original application for a mobile home park. The
18clerk
, after approval of the application by the
governing body licensing authority and
19upon completion of the work according to the plans
, shall issue the license. A mobile
20housing development harboring only nondependent mobile homes as defined in sub.
21(1) (f)
shall is not
be required to provide a service building.
AB710,118,2
22(6) Renewal of license. Upon application by any licensee
and, after approval
23by the
governing body of the city, town or village
licensing authority and upon
24payment of the annual license fee, the clerk of the
city, town or village licensing
25authority shall issue a certificate renewing the license for another year, unless
1sooner revoked. The application for renewal shall be in writing, signed by the
2applicant on forms furnished by the
city, town or village licensing authority.
AB710,118,6
3(7) Transfer of license; fee. Upon application for a transfer of license the clerk
4of the
city, town or village licensing authority, after approval of the application by the
5governing body licensing authority, shall issue a transfer upon payment of the
6required $10 fee.
AB710,118,16
7(8) Distribution of fees. The
municipality licensing authority may retain 10%
8of the monthly parking permit fees collected in each month, without reduction for any
9amounts deducted under sub. (3m), to cover the cost of administration. The
10municipality licensing authority shall pay to the school district in which the park is
11located, within 20 days after the end of each month, such proportion of the remainder
12of the fees collected in the preceding month as the ratio of the most recent property
13tax levy for school purposes bears to the total tax levy for all purposes in the
14municipality licensing authority. If the park is located in more than one school
15district, each district shall receive a share in the proportion that its property tax levy
16for school purposes bears to the total school tax levy.
AB710, s. 161
17Section
161. 66.0585 of the statutes is renumbered 66.0435 (9) and amended
18to read:
AB710,118,2519
66.0435
(9) Municipalities; parking fees on mobile homes. Any municipality 20A licensing authority may assess parking fees at the rates under
s. 66.058 this
21section on mobile homes, as defined in s. 70.111 (19) except mobile homes which are
22located in campgrounds licensed under s. 254.47 and mobile homes which are located
23on land where the principal residence of the owner of the mobile home is located,
24regardless of whether
or not the mobile home is occupied during all or part of any
25calendar year.
AB710, s. 162
1Section
162. 66.059 of the statutes is renumbered 66.0619, and 66.0619 (1)
2(intro.), (b) and (c), (2), (2m) (a) and (d), (4) (a) and (c) and (5) to (7), as renumbered,
3are amended to read:
AB710,119,104
66.0619
(1) (intro.)
Any county, town, sanitary district, public inland lake
5protection and rehabilitation district, city or village A municipality, in addition to
6any other authority to borrow money and issue its municipal obligations, may
also 7borrow money and issue its public improvement bonds to finance the cost of
8construction or acquisition, including site acquisition, of any revenue-producing
9public improvement of
such the municipality. In this section, unless the context or
10subject matter otherwise requires:
AB710,119,1611
(b) "Deficiency" means the amount by which debt service required to be paid
12in
any a calendar year exceeds the amount of revenues estimated to be derived from
13the ownership and operation of the public improvement for
such the calendar year,
14after first subtracting from the estimated revenues the estimated cost of paying the
15expenses of operating and maintaining the public improvement for
such the calendar
16year.
AB710,119,1817
(c) "Municipality" means
a county, sanitary district, public inland lake
18protection and rehabilitation district, town, city or village.
AB710,120,9
19(2) The governing body of the municipality proposing to issue public
20improvement bonds shall adopt a resolution authorizing their issuance. The
21resolution shall set forth the amount of bonds authorized, or a sum not to exceed a
22stated amount, and the purpose for which the bonds are to be issued. The resolution
23shall prescribe the terms, form and contents of the bonds and
such other matters
as 24that the governing body
deems considers necessary or advisable. The bonds may be
25in any denomination of not less than $1,000, shall bear interest payable annually or
1semiannually, shall be payable not later than 20 years from the date of the bonds, at
2such times and places
as that the governing body determines, and may be subject to
3redemption prior to maturity on
such terms and conditions
as that the governing
4body determines. The bonds may be issued either payable to bearer with interest
5coupons attached
thereto to the bonds or may be registered under s. 67.09. The bonds
6may be sold at public competitive sale or by private negotiation
at the discretion of
7the governing body. Sections 67.08 and 67.10 apply to public improvement bonds,
8except insofar as they are in conflict
herewith with this section, in which case this
9section controls.
AB710,120,18
10(2m) (a) A resolution, adopted under sub. (2) by the governing body of a
11municipality, need not be submitted to the electors of the municipality for approval,
12unless within 30 days after the resolution is adopted there is filed with the clerk of
13the municipality a petition
, conforming to the requirements of s. 8.40
and requesting
14a referendum
thereon on the resolution, signed by electors numbering at least 10%
15of the votes cast in the municipality for governor at the last general election.
Any 16A resolution, adopted under sub. (2)
at the discretion of the municipal governing
17body, may be submitted
by the governing body of the municipality to the electors
18without waiting for the filing of a petition.
AB710,120,2219
(d) The
election referendum shall be held and conducted and the votes cast
20thereat shall be canvassed as at regular municipal elections and the results certified
21to the municipal clerk. A majority of all votes cast in the municipality
shall decide 22decides the question.
AB710,121,2
23(4) (a) Gross revenues derived from the ownership and operation of the public
24improvement shall be first pledged to debt service on issued public improvement
25bonds. When in excess of
such obligation debt service, the revenues
shall be are
1subject to
all of the following requirements set by resolution or ordinance of the
2governing body fixing:
AB710,121,53
1. The proportion of revenues of the public improvement necessary for the
4reasonable and proper operation and maintenance
thereof; and of the public
5improvement.
AB710,121,86
2. The proportion of revenues necessary for the payment of debt service on the
7public improvement bonds.
Such The revenues shall be paid into a special fund in
8the treasury of the municipality known as the "Public Improvement Bond Account".
AB710,121,119
(c) All funds on deposit in a public improvement bond account, which are not
10immediately required for the purposes specified in this section, shall be invested in
11accordance with s.
66.04 66.0605.
AB710,121,19
12(5) Annually, on or before August 1 the officer or department of the
13municipality responsible for the operation of the public improvement shall file with
14the governing body, or its designated representative, a detailed statement setting
15forth the amount of the debt service on the public improvement bonds issued for the
16public improvement for the succeeding calendar year and an estimate for
such that 17year of the total revenues to be derived from the ownership and operation of the
18public improvement and the total cost of operating and maintaining the public
19improvement.
AB710,122,2
20(6) (a) If it is determined that there will be a deficiency for the ensuing calendar
21year, the municipality shall make up the deficiency, but the obligation to do so
shall
22be is limited to a sum which
shall does not cause the municipality to exceed its
23municipal debt limits. The deficiency may be made up by the municipality from any
24revenues available
therefor revenues, including a tax levy. The amount contributed
25by the municipality shall be deposited in the public improvement bond account and
1applied to the payment of debt service. Taxes levied under this paragraph
shall are 2not
be subject to statutory limitations of rate or amount.
AB710,122,63
(b) The amount of any deficiency determined under par. (a) for the ensuing
4calendar year shall be related to the total debt service for
such that year.
Such The 5ratio
shall determine determines the outstanding indebtedness of the issue to be
6reflected as part of the municipality's indebtedness for the year.
AB710,122,19
7(7) Whenever If revenue bonds have been issued by a municipality pursuant
8to law and an ordinance authorizing their issuance without limitation as to amount
9has been enacted by the governing body of the municipality, public improvement
10bonds may be issued under the ordinance with the same effect as though they were
11revenue bonds.
Such The bonds
shall be are public improvement bonds and this
12section
shall apply t
hereto applies to the bonds, except that nothing contained in this
13subsection shall
in any way impair the contract between the municipality and the
14holders of
any outstanding revenue bonds.
Whatever liens have been Liens created
15in favor of any outstanding revenue bonds issued under the ordinance
shall apply to
16public improvement bonds
so issued
under this subsection. The public improvement
17bonds
shall be are payable on a parity with the revenue bonds issued under the
18ordinance if the public improvement bonds are issued in compliance with the
19requirements of the ordinance for the issuance of parity bonds under the ordinance.
Note: Replaced by s. 66.0725, created by Section 235.
AB710, s. 164
21Section
164. Subchapter VI (title) of chapter 66 [precedes 66.0601] of the
22statutes is created to read:
AB710,122,2323
Chapter 66
AB710,123,2
1Subchapter VI
2
Finance; Revenues
AB710, s. 165
3Section
165. 66.0601 (1) (title) of the statutes is created to read:
AB710,123,44
66.0601
(1) (title)
Prohibited appropriations.