AB710,332,2220
4. Disposition of any property acquired in the project area
(, including sale,
21initial leasing or retention by the authority itself
)
, at its fair value for uses in
22accordance with the redevelopment plan
;.
AB710,332,2523
5. Carrying out plans for a program of voluntary or compulsory repair and
24rehabilitation of buildings or other improvements in accordance with the
25redevelopment plan
; and.
AB710, s. 443
1Section
443. 66.431 (2m) (f) of the statutes is repealed.
Note: Repeals a provision that defines a city to be a city. The provision is
unnecessary.
AB710, s. 444
2Section
444. 66.431 (2m) (g) to (t) and (3) to (5m) of the statutes are
3renumbered 66.1333 (2m) (g) to (t) and (3) to (5m), and 66.1333 (2m) (j), (3) (a) 1. and
44. and (b) to (g) and (5) (a), (b) 4. and (c) 1r. and 2., as renumbered, are amended to
5read:
AB710,333,106
66.1333
(2m) (j) "Real property" includes all lands, together with
7improvements and fixtures
thereon, and property of any nature appurtenant
thereto 8to the lands, or used in connection
therewith with the lands, and every estate,
9interest, right and use, legal or equitable,
therein
in the lands, including terms for
10years and liens by way of judgment, mortgage or otherwise.
AB710,333,21
11(3) (a) 1. It is found and declared that a redevelopment authority, functioning
12within a city in which there exists
substandard, deteriorating, deteriorated,
13unsanitary slum and blighted areas, constitutes a more effective and efficient means
14for preventing and eliminating
slums and blighted areas in the city and preventing
15the recurrence
thereof of blighted areas. Therefore, there is created in every
such city
16with a blighted area a redevelopment authority, to be known as the "redevelopment
17authority of the city of ....". An authority is created for the purpose of carrying out
18blight elimination, slum clearance, and urban renewal programs and projects as set
19forth in this section, together with all powers necessary or incidental to effect
20adequate and comprehensive blight elimination, slum clearance and urban renewal
21programs and projects.
AB710,333,2222
4. The powers of the authority
shall be are vested in the commissioners.
AB710,334,8
1(b) The commissioners who are first appointed shall be designated by the
2appointing power to serve for the following terms: 2 for one year, 2 for 2 years,
1 one 3for 3 years,
1 one for 4 years, and
1 one for 5 years, from the date of their appointment.
4Thereafter After the first appointments, the term of office
shall be for is 5 years. A
5commissioner
shall hold holds office until a successor
has been is appointed and
6qualified.
Removals with respect to commissioners
Removal of
the authority shall
7be a commissioner is governed by s.
66.40 66.1201. Vacancies and new appointments
8shall be are filled in the
same manner
as provided in par. (a).
AB710,334,159
(c) The filing of a certified copy of the resolution
above referred to adopted under
10par. (a) with the city clerk
shall be is prima facie evidence of the authority's right to
11proceed, and
such the resolution
shall is not
be subject to challenge because of any
12technicality. In any suit, action or proceeding commenced against the authority, a
13certified copy of
such the resolution
shall be deemed is conclusive evidence that
such 14the authority is established and authorized to transact business and exercise its
15powers
hereunder under this section.
AB710,334,2216
(d) Following the adoption of
such a resolution,
such under par. (a), a city
shall
17thereafter be is precluded from exercising the powers provided in s.
66.43 66.1331 18(4), and the authority
has exclusive power to may proceed to carry on the blight
19elimination, slum clearance and urban renewal projects in
such the city, except that
20such the city is not precluded from applying, accepting and contracting for federal
21grants, advances and loans under the housing and community development act of
221974 (P.L.
93-383).
AB710,334,2423
(e) 1.
Such An authority
shall have has no power
, whatsoever, in connection
24with any public housing project
;.
AB710,335,4
12. Persons otherwise entitled to any right, benefit, facility or privilege under
2this section
shall may not
, with reference thereto, be denied
such the right, benefit,
3facility or privilege in any manner for any purpose nor be discriminated against
4because of sex, race, color, creed, sexual orientation or national origin.
AB710,335,115
(f)
In carrying out this section, the An authority is
deemed an independent,
6separate and distinct public body and a body corporate and politic, exercising public
7powers determined to be necessary by the state to protect and promote the health,
8safety and morals of its residents, and
is authorized to may take title to real and
9personal property in its own name
; and such. The authority
shall may proceed with
10the acquisition of property by eminent domain under ch. 32, or any other law relating
11specifically to eminent domain procedures of redevelopment authorities.
AB710,335,2012
(g)
The An authority may employ personnel as required to perform its duties
13and responsibilities under civil service. The authority may appoint an executive
14director whose qualifications
shall be are determined by the authority. The director
15shall
also act as secretary of the authority and
may have has the duties, powers and
16responsibilities delegated by the authority. All of the employes, including the
17director of the authority,
shall be eligible to may participate in the same pension
18system, health and life insurance programs and deferred compensation programs
19provided for city employes and are eligible for any other benefits provided to city
20employes.
AB710,335,23
21(5) (a)
Every An authority
is granted, in addition to any other powers,
may
22exercise all powers necessary or incidental to carry out and effectuate the purposes
23of this section, including the
power to do all of the following
powers:
AB710,336,3
11.
To prepare or cause to be prepared Prepare redevelopment plans and urban
2renewal plans and
to undertake and carry out redevelopment and urban renewal
3projects within the corporate limits of the city in which it functions.
AB710,336,124
2.
To enter Enter into any contracts determined by the authority to be
5necessary to effectuate the purposes of this section. All contracts, other than those
6for personal or professional services, in excess of $25,000
shall be are subject to bid
7and
shall be awarded to the lowest qualified and competent bidder. The authority
8may reject any bid required under this paragraph. The authority shall advertise for
9bids by a class 2 notice, under ch. 985, published in the city in which the project is
10to be developed. If the estimated cost of a contract, other than a contract for personal
11or professional services, is between $3,000 and $25,000, the authority shall give a
12class 2 notice, under ch. 985, of the proposed work before the contract is entered into.
AB710,337,2113
3. Within the boundaries of the city
to, acquire by purchase, lease, eminent
14domain, or otherwise, any real or personal property or any interest
therein in the
15property, together with any improvements
thereon
on the property, necessary or
16incidental to a redevelopment or urban renewal project;
to hold, improve, clear or
17prepare for redevelopment or urban renewal any
such
of the property;
to sell, lease,
18subdivide, retain or make available
the property for the city's use;
to mortgage or
19otherwise encumber or dispose of any
such of the property or any interest
therein;
20to in the property; enter into contracts with redevelopers of property containing
21covenants, restrictions and conditions regarding the use of
such the property in
22accordance with a redevelopment or urban renewal plan, and
such other covenants,
23restrictions and conditions
as that the authority
deems considers necessary to
24prevent a recurrence of blighted areas or to effectuate the purposes of this section;
25to make any
of such covenants, restrictions, conditions or covenants running with
1the land and
to provide appropriate remedies for
any their breach
thereof; to; arrange
2or contract for the furnishing of services, privileges, works or facilities for, or in
3connection with a project;
to temporarily operate and maintain real property
4acquired by it in a project area for or in connection with a project pending the
5disposition of the property for
such uses and purposes
as that may be deemed
6desirable even though not in conformity with the redevelopment plan for the area;
7within the boundaries of the city
to, enter into any building or property in any project
8area in order to make inspections, surveys, appraisals, soundings or test borings, and
9to obtain
an a court order for this purpose
from a court of competent jurisdiction in
10the event if entry is denied or resisted;
to own and hold property and
to insure or
11provide for the insurance of any real or personal property or any of its operations
12against any risks or hazards, including
the power to pay paying premiums on any
13such insurance;
to invest any project funds held in reserves or sinking funds or
any
14such the funds not required for immediate disbursement in property or securities in
15which savings banks may legally invest funds subject to their control;
to redeem its
16bonds issued under this section at the redemption price established
therein in the
17bonds or
to purchase
such the bonds at less than redemption price, all
such bonds so
18redeemed or purchased to be canceled;
to develop, test and report methods and
19techniques, and carry out demonstrations and other activities, for the prevention
20and elimination of slums and blight; and
to disseminate blight elimination, slum
21clearance and urban renewal information.
AB710,338,722
4. a.
To borrow Borrow money and issue bonds;
to execute notes, debentures
23and other forms of indebtedness;
and to apply for and accept advances, loans, grants,
24contributions and any other form of financial assistance from the city in which it
25functions, from the federal government, the state, county, or other public body, or
1from any sources, public or private for the purposes of this section, and
to give such
2security as may be required and
to enter into and carry out contracts or agreements
3in connection
therewith with the security; and
to include in any contract for financial
4assistance with the federal government for or with respect to blight elimination and
5slum clearance and urban renewal such conditions imposed pursuant to federal laws
6as the authority deems reasonable and appropriate and which are not inconsistent
7with the purposes of this section.
AB710,338,108
b. Any debt or obligation of the authority
shall
is not
be deemed the debt or
9obligation of the city, county, state or any other governmental authority other than
10the redevelopment authority itself.
AB710,340,711
c.
To issue Issue bonds
in its discretion to finance its activities under this
12section, including the payment of principal and interest upon any advances for
13surveys and plans, and
may issue refunding bonds for the payment or retirement of
14such bonds previously issued by it.
Such bonds Bonds shall be made payable, as to
15both principal and interest, solely from the income, proceeds, revenues, and funds
16of the authority derived from or held in connection with its undertaking and carrying
17out of projects or activities under this section
; provided that payment. Payment of
18such the bonds, both as to principal and interest, may be further secured by a pledge
19of any loan, grant or contribution from the federal government or other source, in aid
20of any projects or activities of the authority under this section, and by a mortgage of
21any such all or a part of the projects or activities
, or any part thereof. Bonds issued
22under this section
shall are not
constitute an indebtedness within the meaning of any
23constitutional or statutory debt limitation or restriction of the state, city or of any
24public body other than the authority issuing the bonds, and
shall are not
be subject
25to any other law or charter relating to the authorization, issuance or sale of bonds.
1Bonds issued under this section are declared to be issued for an essential public and
2governmental purpose and, together with interest
thereon and income
therefrom,
3shall be are exempt from all taxes. Bonds issued under this section shall be
4authorized by resolution of the authority
and, may be issued in one or more series
5and shall bear
such a date, be payable upon demand or mature at
such a time, bear
6interest at
such a rate, be in
such a denomination, be in
such
a form either with or
7without coupon or registered, carry
such conversion or registration privileges, have
8such rank or priority, be payable in
such a medium of payment, at
such a place, and
9be subject to
such terms of redemption, with or without premium, be secured in
such 10a manner, and have
such other characteristics, as
is provided by the resolution, trust
11indenture or mortgage issued pursuant
thereto to the transaction. Bonds issued
12under this section shall be executed as provided in s. 67.08 (1) and may be registered
13under s. 67.09. The bonds may be sold or exchanged at public sale or by private
14negotiation with bond underwriters as the authority
may provide provides. The
15bonds may be sold or exchanged at
such any price
or prices as that the authority
shall
16determine determines. If sold or exchanged at public sale, the sale shall be held after
17a class 2 notice, under ch. 985, published
prior to such before the sale in a newspaper
18having general circulation in the city and in
such
any other medium of publication
19as that the authority determines.
Such bonds Bonds may be sold to the federal
20government at private sale, without publication of any notice, at not less than par,
21and, if less than all of the authorized principal amount of
such the bonds is sold to
22the federal government, the balance may be sold at private sale at not less than par
23at an interest cost to the authority
of that does not
to exceed the interest cost to the
24authority of the portion of the bonds sold to the federal government. Any provision
25of
any law to the contrary notwithstanding, any bonds issued
pursuant to under this
1section
shall be are fully negotiable. In any suit, action or proceeding involving the
2validity or enforceability of any bond issued under this section or the security
3therefor for any bond, any
such bond reciting in substance that it has been issued by
4the authority in connection with a project or activity under this section
shall be
5conclusively is deemed to have been issued for
such that purpose and
such the project
6or activity
shall be conclusively is deemed to have been planned, located and carried
7out in accordance with this section.
AB710,340,158
5.
To establish Establish a procedure for preservation of the records of the
9authority by the use of microfilm, another reproductive device, optical imaging or
10electronic formatting, if authorized under s. 19.21 (4) (c).
Any such The procedure
11shall assure that copies of
such the records that are open to public inspection
12continue to be available to members of the public requesting them. A photographic
13reproduction of a record or copy of a record generated from optical disk or electronic
14storage is deemed the same as an original record for all purposes if it meets the
15applicable standards established in ss. 16.61 and 16.612.
AB710,340,2016
6.
The Authorize the chairperson of the authority or the vice chairperson in the
17absence of the chairperson, selected by vote of the commissioners, and the executive
18director or the assistant director in the absence of the executive director
is authorized 19to execute on behalf of the authority all contracts, notes and other forms of obligation
20when authorized by at least 4 of the commissioners of the authority to do so.
AB710,340,2321
7.
The authority is authorized to commence Commence actions in its own name
22and. The authority shall be sued in the name of the authority. The authority shall
23have an official seal.
AB710,340,2524
8.
To exercise such Exercise other
and further powers
as that may be required
25or necessary
in order to effectuate the purposes
hereof of this section.
AB710,341,3
19.
To exercise Exercise any powers of a housing authority under s.
66.40 266.1201 if done in concert with a housing authority under a contract under s.
66.30 366.0301.
AB710,341,204
(b) 4. The authority may acquire by purchase real property within any area
5designated for urban renewal or redevelopment purposes under this section
prior to 6before the approval of either the redevelopment or urban renewal plans or
prior to 7before any modification of the plan
, providing if approval of
such
the acquisition is
8granted by the local governing body.
In the event of the acquisition of such real
9property If real property is acquired, the authority may demolish or remove
10structures
so acquired with the approval of the local governing body.
In the event
11that If acquired real property
so acquired is not made part of the urban renewal
12project the authority shall bear any loss that may arise as a result of the acquisition,
13demolition or removal of structures acquired under this section
; however, the local
14legislative body if it. If the local legislative body has given its approval to the
15acquisition of
such real property
that is not made a part of the urban renewal project,
16it shall reimburse the authority for any loss sustained as provided for in this
17subsection. Any real property acquired in a redevelopment or in an urban renewal
18area
pursuant to under this subsection may be disposed of
in accordance with the
19provisions of under this section
providing if the local governing body has approved
20the acquisition of the property for the project.
AB710,342,521
(c) 1r. Condemnation proceedings for the acquisition of blighted property shall
22be conducted under ch. 32 or under any other law relating specifically to eminent
23domain procedures of authorities. The authority may hold, clear, construct, manage,
24improve or dispose of the blighted property, for the purpose of eliminating its status
25as blighted property. Notwithstanding sub. (9), the authority may dispose of the
1blighted property in any manner. The authority may assist private acquisition,
2improvement and development of blighted property for the purpose of eliminating
3its status as blighted property, and for that purpose the authority
shall have has all
4of the duties, rights, powers and privileges given to the authority under this section,
5as if it had acquired the blighted property.
AB710,343,106
2.
Prior to Before acquiring blighted property under subd. 1. or 1g., the
7authority shall hold a public hearing to determine if the property is blighted
8property. Notice of
such the hearing, describing the time, date, place and purpose
9of the hearing and generally identifying the property involved
, shall be given to each
10owner of the property, at least 20 days
prior to
before the date set for the hearing, by
11certified mail with return receipt requested. If the notice cannot be delivered by
12certified mail with return receipt requested, or if the notice is returned undelivered,
13notice may be given by posting the notice at least 10 days
prior to before the date of
14hearing on any structure located on the property which is the subject of the notice.
15If the property which is the subject of the notice consists of vacant land, a notice may
16be posted in some suitable and conspicuous place on that property. For the purpose
17of ascertaining the name of the owner or owners of record of property which is subject
18to a public hearing under this subdivision, the records of the register of deeds of the
19county in which
such the property is located, as of the date of the notice required
20under this subdivision,
shall be deemed are conclusive. An affidavit of mailing or
21posting the notice which is filed as a part of the records of the authority
shall be
22deemed is prima facie evidence of that notice. In the hearing under this subdivision,
23all interested parties may express their views
respecting on the authority's proposed
24determination, but the hearing is only for informational purposes. Any technical
25omission or error in the procedure
specified under this subdivision does not
1invalidate the designation or subsequent acquisition. If any owner of property
2subject to the authority's determination that the property is blighted property objects
3to that determination or to the authority's acquisition of that property, that owner
4shall file a written statement of
his or her and reasons for the objections
and the
5reasons for those objections with the authority
prior to before, at the time of, or
6within 15 days after the public hearing under this subdivision.
Such The statement
7shall contain the mailing address of the person filing the statement and be signed
8by or on behalf of that person. The filing of that statement
shall be is a condition
9precedent to the commencement of an action to contest the authority's actions under
10this paragraph.
AB710, s. 446
13Section
446. 66.431 (6) to (17) of the statutes are renumbered 66.1333 (6) to
14(17), and 66.1333 (6) (a) to (e), (9) (a) 1. a. and c. and (b) to (f) and (10) to (17), as
15renumbered, are amended to read:
AB710,344,316
66.1333
(6) (a) The authority may make
or cause to be made and prepare
or
17cause to be prepared a comprehensive plan of redevelopment and urban renewal
18which shall be consistent with the general plan of the city, including the appropriate
19maps, tables, charts and descriptive and analytical matter.
Such The plan is
20intended to serve as a general framework or guide of development within which the
21various area and redevelopment and urban renewal projects may be more precisely
22planned and calculated. The comprehensive plan shall include at least a land use
23plan which designates the proposed general distribution and general locations and
24extents of the uses of the land for housing, business, industry, recreation, education,
25public buildings, public reservations and other general categories of public and
1private uses of the land. The authority
is authorized to may make
or have made all
2other surveys and plans necessary under this section, and
to adopt or approve,
3modify and amend
such the plans.
AB710,344,64
(b) For the exercise of the powers granted and for the acquisition and
5disposition of real property in a project area, the following steps and plans
shall be 6requisite are required:
AB710,344,237
1. Designation by the authority of the boundaries of the proposed project area,
8submission of
such the boundaries to the local legislative body, and adoption of a
9resolution by two-thirds of
such the local legislative body declaring
such the area to
10be a blighted area in need of a blight elimination, slum clearance and urban renewal
11project.
Thereafter After these acts, the local legislative body may, by resolution by
12two-thirds vote, prohibit for an initial period of not to exceed 6 months from
13enactment of
such the resolution any new construction in
such the area except upon
14resolution by the local legislative body that
such
the proposed new construction, on
15such reasonable conditions
as may be fixed therein stated in the resolution, will not
16substantially prejudice the preparation or processing of a plan for the area and is
17necessary to avoid substantial damage to the applicant.
Such The order of
18prohibition
shall be is subject to successive renewals for like periods by like
19resolutions
;, but no new construction contrary to any
such resolution of prohibition
20shall may be authorized by any agency, board or commission of the city in
such the 21area except as
herein provided
in this subdivision. No
such prohibition of new
22construction
shall may be construed to forbid ordinary repair or maintenance, or
23improvement necessary to continue occupancy under any regulatory order.
AB710,345,1524
2. Approval by the authority and by two-thirds of the local legislative body of
25the redevelopment plan of the project area which has been prepared by the authority.
1Such The redevelopment plan shall conform to the general plan of the city and shall
2be sufficiently complete to indicate its relationship to definite local objectives as to
3appropriate land uses, improved traffic, public transportation, public utilities,
4recreational and community facilities, and other public improvements in the project
5area
, and. The redevelopment plan shall include
, without being limited to, a
6statement of the boundaries of the project area; a map showing existing uses and
7conditions of real property
therein; a land use plan showing proposed uses of the
8area; information showing the standards of population density, land coverage and
9building intensity in the area after redevelopment; present and potential equalized
10value for property tax purposes; a statement of proposed changes
, if any, in zoning
11ordinances or maps and building codes and ordinances; a statement as to the kind
12and number of site improvements and additional public utilities which will be
13required to support the new land uses in the area after redevelopment; and a
14statement of a feasible method proposed for the relocation of families to be displaced
15from the project area.
AB710,347,316
3. Approval of a redevelopment plan of a project area by the authority
, which 17may be given only after a public hearing conducted by the authority and a finding
18by the authority that
such the plan is feasible and in conformity with the general plan
19of the city. Notice of
such the hearing, describing the time, date, place and purpose
20of the hearing and generally identifying the project area, shall be published as a class
212 notice, under ch. 985, the last insertion to be at least 10 days
prior to before the date
22set for the hearing.
In addition thereto, at At least 20 days
prior to before the date
23set for the hearing on the proposed redevelopment plan of the project area a notice
24shall be transmitted by certified mail, with return receipt requested, to each owner
25of real property of record within the boundaries of the redevelopment plan. If
1transmission of
such the notice by certified mail with return receipt requested cannot
2be accomplished, or if the letter is returned undelivered, then notice may be given
3by posting the
same notice at least 10 days
prior to before the date of hearing on any
4structure located on the property
; or
, if
such the property consists of vacant land, a
5notice may be posted in some suitable and conspicuous place on
such the land.
Such 6The notice shall state the time and place at which the hearing will be held with
7respect to the redevelopment plan and that the owner's property might be taken for
8urban renewal. For the purpose of ascertaining the name of the owner of record of
9the real property within
such the project boundaries, the records, at the time of the
10approval by the redevelopment authority of the project boundaries, of the register of
11deeds of the county in which
such the property is located
shall be deemed are 12conclusive. Failure to receive
such the notice
shall does not invalidate the plan. An
13affidavit of mailing
or posting of
such the notice
or posting thereof filed as a part of
14the records of the authority
shall be deemed is prima facie evidence of the giving of
15such notice. All interested parties shall be afforded a full opportunity to express their
16views
respecting on the proposed plan at
such the public hearing, but the hearing
17shall only be for the purpose of assisting the authority in making its determination
18and in submitting its report to the local legislative body. Any technical omission in
19the procedure outlined
herein shall in this subdivision does not
be deemed to 20invalidate the plan. Any owner of property included within the boundaries of the
21redevelopment plan
and objecting who objects to
such the plan shall
be required to 22state the owner's objections and the reasons
therefor
for objecting, in writing, and
23file the s
ame document with the authority
either prior to before the public hearing,
24at the time of the public hearing, or within 15 days
thereafter, but not subsequently
25thereto after the hearing. The owner shall state his or her mailing address and sign
1his or her name
thereto. The filing of
such objections in writing
shall be is a condition
2precedent to the commencement of an action to contest the right of the
3redevelopment authority to condemn the property under s. 32.06 (5).
AB710,347,84
(c) In relation to the location and extent of public works and utilities, public
5buildings and public uses in a comprehensive plan or a project area plan, the
6authority
is directed to shall confer with the planning commission and with such
7other public officials, boards, authorities and agencies of the city under whose
8administrative jurisdictions
such these uses
respectively fall.
AB710,347,169
(d)
At any time after such After the redevelopment plan has been approved both
10by the authority and the local legislative body, it may be amended by resolution
11adopted by the authority, and
such the amendment shall be submitted to the local
12legislative body for its approval by a two-thirds vote before
the same shall become 13it becomes effective. It
shall
is not
be required in connection with any amendment
14to the redevelopment plan, unless the boundaries described in the plan are altered
15to include other property
, that the provisions
in this subsection with respect to public
16hearing and notice be followed.
AB710,348,417
(e) After a project area redevelopment plan of a project area has been adopted
18by the authority, and the local legislative body has by a two-thirds vote approved the
19redevelopment plan the authority may
at any time certify
said the plan to the local
20legislative body
, whereupon. After certification, the authority shall
proceed to 21exercise the powers granted to it for the acquisition and assembly of the real property
22of the area. The local legislative body shall upon the certification of
such the plan
23by the authority direct that no new construction
shall be permitted
, and thereafter.
24After this direction, no new construction
shall
may be authorized by any agencies,
25boards or commissions of the city in
such the area unless
as authorized by the local
1legislative body, including substantial remodeling or conversion or rebuilding,
2enlargement, or extension or major structural improvements on existing buildings,
3but not including ordinary maintenance or remodeling or changes necessary to
4continue the occupancy.
AB710,348,15
5(9) (a) 1. a. Upon the acquisition of any
or all of the real property in the project
6area, the authority
has power to may lease, sell or otherwise transfer to a
7redevelopment company, association, corporation or public body, or to an individual,
8limited liability company or partnership, all or any part of the real property,
9including streets or parts
thereof of streets to be closed or vacated in accordance with
10the plan, for use in accordance with the redevelopment plan. No assembled lands of
11the project area
shall may be either sold or leased by the authority to a housing
12authority created under s.
66.40 66.1201 for the purpose of constructing public
13housing projects upon
such the land unless the sale or lease of the lands has been first
14approved by the local legislative body by a vote of not less than four-fifths of the
15members elected.
AB710,348,1916
c. A copy of the redevelopment plan shall be recorded in the office of the register
17of deeds in the county where the redevelopment project is located. Any amendment
18to the redevelopment plan, approved
as herein provided for under sub. (6), shall
also 19be recorded in the office of the register of deeds of the county.
AB710,348,2320
(b)
Any such A lease or sale may be made without public bidding, but only after
21public hearing is held by the authority after
a notice
to be is published as a class 2
22notice, under ch. 985
, and the. The hearing shall be predicated upon the proposed
23sale or lease and the provisions
thereof of the sale or lease.
AB710,349,1924
(c) The terms of
such a lease or sale shall be fixed by the authority, and the
25instrument of lease may provide for renewals upon reappraisals and with rentals
1and other provisions adjusted to
such the reappraisals. Every
such lease or sale shall
2provide that the lessee or purchaser
shall will carry out
or cause to be carried out the
3approved project area redevelopment plan or approved modifications
thereof of the
4redevelopment plan, and that the use of
such land or real property included in the
5lease or sale, and any building or structure
erected thereon, shall conform to
such the 6approved plan or approved modifications
thereof of the plan. In the instrument of
7lease or sale, the authority may include
such other terms, provisions and conditions
8as in its judgment that will provide reasonable assurance of the priority of the
9obligations of the lease or sale
and, of conformance to the plan over any other
10obligations of the lessee or purchaser, and
also assurance of the financial and legal
11ability of the lessee or purchaser to carry out and conform to the plan and the terms
12and conditions of the lease or sale
; also, such. In the instrument of lease or sale, the
13authority may include terms, conditions and specifications concerning buildings,
14improvements, subleases or tenancy, maintenance and management, and any other
15matters
as that the authority
may impose or approve imposes or approves, including
16provisions
whereby under which the obligations to carry out and conform to the
17project area plan
shall run with the land. If maximum rentals to be charged to
18tenants are specified, provision may be made for periodic reconsideration of
such 19rental bases.
AB710,350,720
(d) Until the authority certifies that all building constructions and other
21physical improvements specified by the purchaser have been completed, the
22purchaser
shall have no power to may not convey
the all or part of an area
, or any
23part thereof, without the consent of the authority
and no such. No consent
shall may 24be given unless the grantee of the purchaser is obligated, by written instrument, to
25the authority to carry out that portion of the redevelopment plan which falls within
1the boundaries of the conveyed property and
also unless the written instrument
2specifies that the grantee and the heirs, representatives, successors and assigns of
3the grantee
, shall have no right or power to may not convey, lease or let
all or part
4of the conveyed property
or any part thereof, or erect or use any building or structure
5erected thereon on the conveyed property free from obligation and requirement to
6conform to the approved project area redevelopment plan or approved modifications
7thereof of the redevelopment plan.
AB710,350,128
(e) The authority may
cause to have demolished demolish any existing
9structure or clear
the all or part of an area
of any part thereof, or specify the
10demolition and clearance to be performed by a lessee or purchaser and a time
11schedule for the
same demolition and clearance. The authority shall specify the time
12schedule and conditions for the construction of buildings and other improvements.
AB710,350,2013
(f) In order to facilitate the lease or sale of a project area, or if the lease or sale
14is part of an area, the authority
has the power to
may include in the cost payable by
15it the cost of the construction of local streets and sidewalks in the area, or of grading
16and any other local public surface or subsurface facilities or any site improvements
17necessary for shaping the area as the site of the redevelopment of the area. The
18authority may arrange with the appropriate federal, state, county or city agencies
19for the reimbursement of
such outlays from funds or assessments raised or levied for
20such these purposes.
AB710,351,8
21(10) Housing for displaced families; relocation payments. In connection with
22every redevelopment plan, the An authority shall formulate a feasible method for the
23temporary relocation of persons living in areas that are designated for clearance and
24redevelopment.
In addition, the The authority shall prepare a plan
which shall be
25submitted for submittal to the local legislative body for approval which shall assure
1that decent, safe and sanitary dwellings substantially equal in number to the
2number of substandard dwellings to be removed in carrying out the redevelopment
3are available or will be provided at rents or prices within the financial reach of the
4income groups displaced. The authority
is authorized to may make relocation
5payments to or with respect to persons
(, including families, business concerns and
6others
), displaced by a project for moving expenses and losses of property for which
7reimbursement or compensation is not otherwise made, including
the making
of such 8payments financed by the federal government.
AB710,351,23
9(11) Modification of redevelopment plan. (a) An approved project area
10redevelopment plan may be modified at any time after the lease or sale of
all or part
11of the area
or part thereof provided that if the modification is consented to by the
12lessee or purchaser, and
that the proposed modification is adopted by the authority
13and
then submitted to
, and approved by, the local legislative body
and approved by
14it. Before approval, the authority shall hold a public hearing on the proposed
15modification, and notice of the time and place of hearing shall be sent by mail at least
1610 days
prior to before the hearing to the owners of the real properties in the project
17area and of the real properties immediately adjoining or across the street from the
18project area. The local legislative body may refer back to the authority any project
19area redevelopment plan, project area boundaries or modifications submitted to it,
20together with recommendations for changes in
such
the plan, boundaries or
21modification, and if
such the recommended changes are adopted by the authority and
22in turn approved by the local legislative body, the plan, boundaries or modifications
23as
thus changed
shall be become the approved plan, boundaries or modification.
AB710,352,2324
(b) Whenever the authority determines that a redevelopment plan with respect
25to a project area that has been approved and recorded in the register of deed's office
1is to be modified to permit land uses in the project area, other than those specified
2in the redevelopment plan, the authority shall notify all purchasers of property
3within the project area of the authority's intention to modify the redevelopment plan,
4and it shall hold a public hearing
with respect to
on the modification. Notice shall
5be given to the purchasers of the property by personal service at least 20 days
prior
6to before the holding of the public hearing, or if the purchasers cannot be found notice
7shall be given by registered mail to the purchasers at their last-known address.
8Notice of the public hearing shall also be given by publication as a class 2 notice,
9under ch. 985. The notice shall specify the project area and recite the proposed
10modification and its purposes. The public hearing
shall be merely is advisory to the
11authority.
After If the authority, following the public hearing, determines that the
12modification of the redevelopment plan will not affect the original objectives of the
13plan and that it will not produce conditions leading to a reoccurrence of
slums or 14blight within the project area, the authority may by resolution act to modify the plan
15to permit additional land uses in the project area, subject to approval by the
16legislative body by a two-thirds vote of the
members elect members-elect. If the local
17legislative body approves the modification to the redevelopment plan, an
18amendment to the plan containing the modification shall be recorded with the
19register of deeds of the county in which the project area is located and shall
20supplement the redevelopment plan previously recorded. Following the action with
21respect to modification of the redevelopment plan, the plan
shall be considered is 22amended and no legal rights
shall accrue to any person or to any owner of property
23in the project area by reason of the modification of the redevelopment plan.
AB710,353,324
(c) The provisions
herein of this subsection shall be construed liberally to
25effectuate
the its purposes
hereof and substantial compliance
shall be deemed
is
1adequate. Technical omissions
shall do not invalidate the procedure
set forth herein 2in this subsection with respect to acquisition of real property necessary or incidental
3to a redevelopment project.
AB710,353,15
4(12) Limitation upon tax exemption. The real and personal property of the
5authority is declared to be public property used for essential public and
6governmental purposes, and
such the property and an authority
shall be are exempt
7from all taxes of the state or any state public body
; but the. The city in which a
8redevelopment or urban renewal project is located may fix a sum to be paid annually
9in lieu of
such taxes by the authority for the services, improvements or facilities
10furnished to the project by the city if the authority is financially able to do so, but
such 11the sum
shall may not exceed the amount which would be levied as the annual tax
12of the city upon
such the project.
However, no No real property acquired under this
13section by a private company, corporation, individual, limited liability company or
14partnership, either by lease or purchase,
shall be
is exempt from taxation
by reason 15because of
such the acquisition.
AB710,354,2
16(13) Cooperation by public bodies and use of city funds. To assist any
17redevelopment or urban renewal project located in the area in which the authority
18is authorized to act,
any a public body may, upon
such terms
as that it determines:
19furnish services or facilities, provide property, lend or contribute funds,
and perform
20any other action of a character which it
is authorized to may perform for other
21general purposes, and
to enter into cooperation agreements and related contracts in
22furtherance of the purposes enumerated.
Any A city and
any a public body may levy
23taxes and assessments and appropriate
such funds and make
such expenditures
as
24that may be necessary to carry out the purposes of this subsection, but taxes and
1assessments
shall may not be levied under this subsection by a public body which
has
2no power to may not levy taxes and assessments for any other purpose.
AB710,354,11
3(14) Obligations. For the purpose of financially aiding an authority to carry
4out blight elimination, slum clearance and urban renewal programs and projects, the
5city in which the authority functions
is authorized, without limiting its authority
6under any other law, to may issue and sell general obligation bonds
in the manner
7and in accordance with the provisions of under ch. 67, except that no referendum
8shall be is required, and
to may levy taxes without limitation for the payment
thereof 9of the bonds, as provided in s. 67.035. The bonds authorized under this subsection
10shall be are fully negotiable and except as provided in this subsection
shall are not
11be subject to any other law or charter pertaining to the issuance or sale of bonds.
AB710,354,14
12(15) Budget. The local legislative body shall approve the budget for each fiscal
13year of the authority, and
shall have the power to
may alter or modify any item of
said 14the budget relating to salaries, office operation or facilities.
AB710,354,19
15(16) Legal services to authority. The legal department of
any a city in which
16the authority functions can provide legal services to
such the authority and a
17member of the legal department having the necessary qualifications may, subject to
18approval of the authority, be its counsel
; the. The authority may
also retain
19specialists to render legal services as required by it.
AB710,354,23
20(17) Construction. This section shall be construed liberally to effectuate
the 21its purposes
hereof and the enumeration
therein in this section of specific powers
22shall does not
operate to restrict the meaning of any general grant of power contained
23in this section or
to exclude other powers comprehended in
such the general grant.
AB710, s. 447
24Section
447. 66.432 of the statutes is renumbered 66.1011, and 66.1011 (title),
25(1), (2) and (3), as renumbered, are amended to read:
AB710,355,12
166.1011 (title)
Local equal opportunities for housing. (1) Declaration
2of policy. The right of all persons to have equal opportunities for housing regardless
3of their sex, race, color, physical condition, disability as defined in s. 106.04 (1m) (g),
4sexual orientation as defined in s. 111.32 (13m), religion, national origin, marital
5status, family status as defined in s. 106.04 (1m) (k), lawful source of income, age or
6ancestry is a matter both of statewide concern under ss. 101.132 and 106.04 and also
7of local interest under this section and s.
66.433
66.0125. The enactment of ss.
8101.132 and 106.04 by the legislature
shall does not preempt the subject matter of
9equal opportunities in housing from consideration by political subdivisions, and
10shall does not exempt political subdivisions from their duty, nor deprive them of their
11right, to enact ordinances which prohibit discrimination in any type of housing solely
12on the basis of an individual being a member of a protected class.
AB710,356,2
13(2) Antidiscrimination housing ordinances. Political subdivisions may enact
14ordinances prohibiting discrimination in housing within their respective boundaries
15solely on the basis of an individual being a member of a protected class.
Such an An 16ordinance may be similar to ss. 101.132 and 106.04 (1) to (8) or may be more inclusive
17in its terms or in respect to the different types of housing subject to its provisions
,
18but any such. An ordinance establishing a forfeiture as a penalty for violation
shall 19may not be for an amount that is less than the statutory forfeitures under s. 106.04.
20Such an An ordinance may permit a complainant, aggrieved person or respondent
21to elect to remove the action to circuit court after a finding has been made that there
22is reasonable cause to believe that a violation of the ordinance has occurred.
Such
23an An ordinance may
also authorize the political subdivision, at any time after a
24complaint has been filed alleging an ordinance violation, to file a complaint in circuit
1court seeking a temporary injunction or restraining order pending final disposition
2of the complaint.
AB710,356,6
3(3) Contingency restriction. No political subdivision
shall may enact an
4ordinance under sub. (2)
, which that contains a provision making its effective date
5or the operation of any of its provisions contingent on the enactment of an ordinance
6on the same or similar subject matter by one or more other political subdivisions.
AB710, s. 448
7Section
448. 66.4325 of the statutes is renumbered 66.1335, and 66.1335 (1)
8(intro.) and (a), (2) (intro.), (3), (4), (5) (intro.), (a), (b), (c), (e) and (f) and (5m) to (7),
9as renumbered, are amended to read:
AB710,356,2410
66.1335
(1) Authorization. (intro.)
Any A city may, by a two-thirds vote of the
11members of the city council present at the meeting, adopt an ordinance or resolution
12creating a housing and community development authority which shall be known as
13the "Community Development Authority" of
such
the city. It
shall be deemed is a
14separate body politic for the purpose of carrying out blight elimination, slum
15clearance, urban renewal programs and projects and housing projects. The
16ordinance or resolution creating a housing and community development authority
17may also authorize
such the authority to act as the agent of the city in planning and
18carrying out community development programs and activities approved by the
19mayor and common council under the federal housing and community development
20act of 1974 and as agent to perform all acts, except the development of the general
21plan of the city, which may be otherwise performed by the planning commission
22under
s. 66.405 s. 66.1105, 66.1301 to
66.425, 66.43, 66.435 or 66.46 66.1329, 66.1331
23or 66.1337. A certified copy of
such the ordinance or resolution shall be transmitted
24to the mayor. The ordinance or resolution shall also
do all of the following:
AB710,357,3
1(a) Provide that any redevelopment authority created under s.
66.431 66.1333 2operating in
such the city and any housing authority created under s.
66.40 66.1201 3operating in
such the city, shall terminate its operation as provided in sub. (5)
; and.
AB710,357,8
4(2) Appointment of members. (intro.) Upon receipt of a certified copy of
such 5the ordinance or resolution, the mayor shall, with the confirmation of the council,
6appoint 7 resident persons having sufficient ability and experience in the fields of
7urban renewal, community development and housing, as commissioners of the
8community development authority.
AB710,357,16
9(3) Evidence of authority. The filing of a certified copy of the ordinance or
10resolution referred to in sub. (1) with the city clerk
shall be is prima facie evidence
11of the community development authority's right to transact business and
such the 12ordinance or resolution is not subject to challenge because of any technicality. In
any 13a suit, action or proceeding commenced against the community development
14authority, a certified copy of
such the ordinance or resolution is conclusive evidence
15that
such the community development authority is established and authorized to
16transact business and exercise its powers under this section.
AB710,358,7
17(4) Powers and duties. The community development authority
shall have has 18all powers, duties and functions set out in ss.
66.40
66.1201 and
66.431 66.1333 for
19housing and redevelopment authorities
and as. As to all housing projects initiated
20by the community development authority it shall proceed under s.
66.40 66.1201, and
21as to all projects relating to blight elimination, slum clearance, urban renewal and
22redevelopment programs it shall proceed under
s. 66.405 ss. 66.1105, 66.1301 to
2366.425, 66.43, 66.431, 66.435 or 66.46 66.1329, 66.1331, 66.1333 or 66.1337 as
24determined appropriate by the common council on a project by project basis. As to
25all community development programs and activities undertaken by the city under
1the federal housing and community development act of 1974, the community
2development authority shall proceed under all applicable laws and ordinances not
3inconsistent with the laws of this state. In addition, if provided in the resolution or
4ordinance, the community development authority may act as agent of the city to
5perform all acts, except the development of the general plan of the city, which may
6be otherwise performed by the planning commission under
s. 66.405 ss. 66.1105,
766.1301 to
66.425, 66.43, 66.435 or 66.46 66.1329, 66.1331 or 66.1337.
AB710,358,11
8(5) Termination of housing and redevelopment authorities. (intro.) Upon the
9adoption of an ordinance or resolution creating a community development authority,
10all housing and redevelopment authorities previously created in
such the city under
11ss.
66.40 66.1201 and
66.431 shall 66.1333 terminate.
AB710,358,1912
(a) Any programs and projects which have been begun by housing and
13redevelopment authorities shall, upon adoption of
such
the ordinance or resolution
, 14be transferred to and completed by the community development authority. Any
15procedures, hearings, actions or approvals taken or initiated by the redevelopment
16authority under s.
66.431 66.1333 on pending projects
is are deemed to have been
17taken or initiated by the community development authority as
though if the
18community development authority had originally undertaken
such the procedures,
19hearings, actions or approvals.
AB710,358,2220
(b) Any form of indebtedness issued by a housing or redevelopment authority
21shall, upon the adoption of
such the ordinance or resolution, be assumed by the
22community development authority except as indicated in par. (e).
AB710,359,1023
(c) Upon the adoption of
such the ordinance or resolution, all contracts entered
24into between the federal government and a housing or redevelopment authority, or
25between
such these authorities and other parties shall be assumed and discharged
1by the community development authority except for the termination of operations by
2housing and redevelopment authorities. Housing and redevelopment authorities
3may execute any agreements contemplated by this subsection. Contracts for
4disposition of real property entered into by the redevelopment authority with respect
5to any project
shall be are deemed contracts of the community development authority
6without the requirement of amendments
thereto to the contracts. Contracts entered
7into between the federal government and the redevelopment authority or the
8housing authority
shall bind the community development authority in the same
9manner as
though if originally entered into by the community development
10authority.
AB710,359,1611
(e) A housing authority which has outstanding bonds or other securities that
12require the operation of the housing authority in order to fulfill its commitments with
13respect to the discharge of principal or interest or both
, may continue in existence
14solely for
such that purpose. The ordinance or resolution creating the community
15development authority shall delineate the duties and responsibilities which shall
16devolve upon the housing authority with respect
thereto to that purpose.
AB710,359,1817
(f) The termination of housing and redevelopment authorities pursuant to this
18section
shall is not
be subject to s.
66.40 66.1201 (26).
AB710,359,22
19(5m) Tax exemption. Community development authority bonds issued on or
20after January 28, 1987, are declared to be issued for an essential public and
21governmental purpose and to be public instrumentalities and, together with interest
22thereon on the bonds and income
therefrom from the bonds, are exempt from taxes.
AB710,360,2
23(6) Controlling statute. The powers conferred under this section
shall be are 24in addition and supplemental to the powers conferred by any other law.
Insofar as
1To the extent that this section is inconsistent with any other law, this section
shall
2control controls.
AB710,360,6
3(7) Construction. This section shall be construed liberally to effectuate its
4purposes and the enumeration of specific powers
herein
in this section does not
5restrict the meaning of any general grant of power contained in this section nor does
6it exclude other powers comprehended in
such the general grant.
AB710, s. 449
7Section
449. 66.433 of the statutes is renumbered 66.0125, and 66.0125 (1),
8(2), (3) (a) and (c) 1., 3. and 4., (4) and (7), as renumbered, are amended to read:
AB710,360,109
66.0125
(1) Definition. "Municipality" as used herein In this section, "local
10governmental unit" means a city, village, town, school district or county.
AB710,361,4
11(2) Creation. Each
municipality local governmental unit is authorized and
12urged to either establish by ordinance a community relations-social development
13commission or to participate in
such a commission established on an
14intergovernmental basis within the county
pursuant to
under enabling ordinances
15adopted by the participating
municipalities; but a
local governmental units. A school
16district may establish or participate in
such a commission by resolution
instead of
17by ordinance. Such. An intergovernmental commission may be established in
18cooperation with
any a nonprofit corporation located in the county and composed
19primarily of public and private welfare agencies devoted to any of the purposes set
20forth in this section.
Every such An ordinance or resolution
establishing a
21commission shall substantially embody the language of sub. (3). Each
municipality 22local governmental unit may appropriate money to defray the expenses of
such the 23commission. If
such the commission is established on an intergovernmental basis
24within the county, the provisions of s.
66.30 66.0301, relating to local cooperation,
are
25applicable thereto apply as optional authority and may be utilized by participating
1municipalities local governmental units to effectuate the purposes of this section, but
2a contract between
municipalities local governmental units is not necessary for the
3joint exercise of any power authorized for the joint performance of any duty required
4herein in this section.
AB710,361,11
5(3) (a) The purpose of the commission is to study, analyze and recommend
6solutions for the major social, economic and cultural problems which affect people
7residing or working within the
municipality local governmental unit including,
8without restriction because of enumeration, problems of the family, youth,
9education, the aging, juvenile delinquency, health and zoning standards, and
10discrimination in housing, employment and public accommodations and facilities on
11the basis of sex, class, race, religion, sexual orientation or ethnic or minority status.
AB710,361,1412
(c) 1. Recommend to the
municipal local governmental unit's governing body
13and chief executive or administrative officer the enactment of such ordinances or
14other action as they deem necessary:
AB710,361,1715
a. To establish and keep in force proper health standards for the community
16and beneficial zoning for the community area in order to facilitate the elimination
17of
blighted areas, and
to prevent the start and spread of
such, blighted areas
;.
AB710,361,2018
b. To ensure to all
municipal residents
of a local governmental unit, regardless
19of sex, race, sexual orientation or color, the rights to possess equal housing
20accommodations and to enjoy equal employment opportunities.
AB710,361,2521
3. Examine the need for
, initiate, participate in and promote publicly and
22privately sponsored studies and programs in any field of human relationship
which 23that will aid in accomplishing the
foregoing objectives, and initiate such public
24programs and studies and participate in and promote such privately sponsored
25programs and studies purposes and duties of the commission.
AB710,362,2
14. Have authority to conduct public hearings within the
municipality local
2governmental unit and to administer oaths to persons testifying before it.
AB710,362,18
3(4) Composition of commission. The commission shall be nonpartisan and
4composed of citizens residing in the
municipality
local governmental unit, including
5representatives of the clergy and minority groups
, and the composition thereof, 6number and. The composition of the commission and the method of appointing and
7removing
the commission members
thereof shall be determined by the governing
8body of the
municipality local governmental unit creating or participating in the
9commission. Notwithstanding s. 59.10 (4) or
66.11
66.0501 (2), a member of
such the
10local governmental unit's governing body may serve on the commission, except that
11a county board member in a county having a population over 500,000 may not accept
12compensation for serving on the commission. Of the persons first appointed,
13one-third shall hold office for one year, one-third for 2 years, and one-third for 3
14years from the first day of February next following their appointment, and until their
15respective successors are appointed and qualified. All succeeding terms shall be for
163 years. Any vacancy shall be filled for the unexpired term in the same manner as
17original appointments. Every person appointed as a member of the commission shall
18take and file the official oath.
AB710,363,2
19(7) Designation of commissions as cooperating agencies under federal law. 20(a) The commission may be the official agency of the
municipality local governmental
21unit to accept assistance under title II of the federal economic opportunity act of
221964. No assistance shall be accepted with respect to any matter to which objection
23is made by the legislative body creating
such the commission, but if the commission
24is established on an intergovernmental basis and
such objection is made by any
1participating legislative body
said, assistance may be accepted with the approval of
2a majority of the legislative bodies participating in
such the commission.
AB710,363,103
(b) The commission may be the official agency of the
municipality local
4governmental unit to accept assistance from the community relations service of the
5U.S. department of justice under title X of the federal civil rights act of 1964 to
6provide assistance to communities in resolving disputes, disagreements or
7difficulties relating to discriminatory practices based on sex, race, color or national
8origin which may impair the rights of persons in the
municipality local governmental
9unit under the constitution or laws of the United States or which affect or may affect
10interstate commerce.
AB710, s. 450
11Section
450. 66.434 (title) of the statutes is repealed.