66.521(5)(c)
(c) A municipality may provide that proceeds from the sale of bonds and special funds from the revenues of the project and any funds held in reserve or debt service funds shall be invested and reinvested in such securities and other investments as are provided in the proceedings under which the bonds are authorized to be issued. The municipality may also provide that such proceeds or funds or investments and the revenues derived pursuant to the revenue agreement shall be received, held and disbursed by one or more banks or trust companies located in or out of this state. A municipality may also provide that the project and improvements shall be constructed or installed by the municipality, the eligible participant or the eligible participant's designee or any one or more of them on real estate owned by the municipality, the eligible participant or the eligible participant's designee and that the bond proceeds shall be disbursed by the trustee bank or trust company during construction upon the estimate, order or certificate of the eligible participant or the eligible participant's designee. In making such agreements or provisions, a municipality shall not obligate itself, except with respect to the project and the application of the revenues therefrom, and shall not incur a pecuniary liability or a charge upon its general credit or against its taxing powers.
66.521(5)(d)
(d) The proceedings authorizing any bonds under this section, or any indenture securing such bonds, may provide that if there is a default in the payment of the principal of, or the interest on, such bonds or in the performance of any agreement contained in such proceedings or indenture, the payment and performance may be enforced by the appointment of a receiver with power to charge, collect and apply the revenues from the project in accordance with such proceedings or the provisions of such indenture.
66.521(5)(e)
(e) Any indenture made under this section to secure bonds and which constitutes a lien on property may also provide that if there is a default in the payment thereof or a violation of any agreement contained therein, it may be foreclosed and the collateral sold under proceedings in any manner permitted by law. Such indenture may also provide that any trustee thereunder or any pledgee or assignee thereof or the holder of any bonds secured thereby may become the purchaser at any foreclosure sale if that person is the highest bidder therefor.
66.521(5)(f)
(f) The revenue agreement may include such provisions as the municipality deems appropriate to effect the financing of the project, including a provision for payments thereunder to be made in instalments and the securing of the obligation for any such payments by lien or security interest in the undertaking either senior or junior to, or ranking equally with, any lien, security interest or rights of others.
66.521(6)
(6) Determination of revenue payment. 66.521(6)(a)(a) Prior to the execution of a revenue agreement with respect to any project, the governing body must determine:
66.521(6)(a)1.
1. The amount necessary in each year to pay the principal of, and the interest on, the bonds proposed to be issued to finance such project;
66.521(6)(a)2.
2. The amount necessary to be paid each year into any reserve funds which the governing body deems advisable to establish in connection with the retirement of the proposed bonds and the maintenance of the project; and
66.521(6)(a)3.
3. Unless the terms of the revenue agreement provide that the eligible participant shall provide for maintenance of the project and the carrying of all proper insurance with respect thereto, the estimated cost of maintaining the project in good repair and keeping it properly insured.
66.521(6)(b)
(b) The determination and findings of the governing body shall be embodied in the proceedings under which the proposed bonds are to be issued; but the foregoing amounts need not be expressed in dollars and cents in the revenue agreement and proceedings under which the bonds are authorized to be issued, but may be set forth in the form of a formula. Prior to the issuance of the bonds authorized by this section the municipality shall enter into a revenue agreement providing for payment to the municipality or to the trustee for the account of the municipality of such amounts as, upon the basis of such determination and findings, will be sufficient to pay the principal of, and interest on, the bonds issued to finance the project; to build up and maintain any reserves deemed advisable by the governing body, in connection therewith; and, unless the revenue agreement obligates the eligible participant to provide for the maintenance of and insurance on the project, to pay the costs of maintaining the project in good repair and keeping it properly insured.
66.521(6)(c)
(c) A governing body may not adopt an initial resolution authorizing issuance of bonds to finance a project specified under
sub. (2) (k) 11. unless the governing body finds and states in the initial resolution that the project will significantly increase the number of persons traveling to the municipality for business or recreation. The statement shall be included in the public notice required under
sub. (10) (b).
66.521(6m)
(6m) Notification of position openings. A municipality may not enter into a revenue agreement with any person who operates for profit unless that person has agreed to notify the department of industry, labor and job development and the area private industry council under the job training partnership act,
29 USC 1501 to
1798, of any position to be filled in that municipality within one year after issuance of the revenue bonds. The person shall provide this notice at least 2 weeks before advertising the position. The notice required by this subsection does not affect the offer of employment requirements of
sub. (4s).
66.521(7)
(7) Application of proceeds limited. The proceeds from the sale of any bonds, issued under this section, shall be applied only for the purpose for which the bonds were issued and if, for any reason, any portion of such proceeds are not needed for the purpose for which the bonds were issued, such unneeded portion of said proceeds shall be applied, directly or indirectly, to the payment of the principal or the interest on the bonds. The following costs may be financed as part of any bond issue:
66.521(7)(a)
(a) The actual cost of the construction of any part of a project which may be constructed including but not limited to, permit and license fees, preparation of cost estimates, feasibility studies, consultants, architects', engineers' and similar fees;
66.521(7)(b)
(b) The purchase price and installation cost of any part of a project that may be acquired by purchase;
66.521(7)(c)
(c) The costs of environmental studies and monitoring systems in connection with the industrial project;
66.521(7)(d)
(d) The costs of moving to the situs of the project property previously owned or leased by an eligible participant;
66.521(7)(e)
(e) The current fair market value of any real property and improvements thereto acquired as a part of the project and any costs directly related to such real property;
66.521(7)(f)
(f) The current fair market value of any personal property acquired as a part of the project;
66.521(7)(g)
(g) All expenses in connection with the authorization, sale and issuance of the bonds;
66.521(7)(h)
(h) The interest on the bonds, or on any debt which is replaced by the proceeds of the bonds, for a reasonable time prior to construction or acquisition, during construction or acquisition and for not exceeding 6 months after completion of construction or acquisition; and
66.521(7)(i)
(i) A reserve for payment of the principal of and interest on the bonds.
66.521(7)(j)
(j) The financing of the acquisition cost, incurred after the date of adoption of the initial resolution, of property acquired from an authorized developer which is substantially completed or under construction on July 25, 1980, and which is substantially unused prior to the acquisition, except the authorized developer may have leased the property prior to its acquisition, for a period not to exceed 2 years, for the purpose of deriving revenue from the property pending its sale.
66.521(8)
(8) Purchase. The municipality may, by or with the consent of the eligible participant, accept any bona fide offer to purchase the project which is sufficient to pay all the outstanding bonds, interest, taxes, special levies and other costs that have been incurred. The municipality may also, by or with the consent of the eligible participant, accept any bona fide offer to purchase any unimproved land which is a part of the project, if the purchase price is not less than the cost of such land to the municipality computed on a prorated basis and if such purchase price is applied directly or indirectly to the payment of the principal or interest on the bonds.
66.521(9)
(9) Payment of taxes. When any industrial project acquired by a municipality under this section is used by a private person as a lessee, sublessee or in any capacity other than owner, that person shall be subject to taxation in the same amount and to the same extent as though that person were the owner of the property. Taxes shall be assessed to such private person using the real property and collected in the same manner as taxes assessed to owners of real property. When due, the taxes shall constitute a debt due from such private person to the taxing unit and shall be recoverable as provided by law, and such unpaid taxes shall become a lien against the property with respect to which they were assessed, superior to all other liens, except a lien under
s. 292.31 (8) (i),
292.41 (6) (d) or
292.81, and shall be placed on their tax roll when there has been a conveyance of the property in the same manner as are other taxes assessed against real property.
66.521(10)(a)(a) Any action required or permitted by this section to be taken by a governing body may be taken at any lawful meetings thereof. A simple majority of a quorum of such governing body shall be sufficient for any such action. The ayes and noes need not be taken with respect to any such action and such action need not be officially read prior to adoption. Failure to publish any such action shall not affect the validity thereof.
66.521(10)(b)
(b) Upon the adoption of an initial resolution under this section, public notice of such adoption shall be given to the electors of the municipality prior to the issuance of the bonds therein described, by publication as a class 1 notice, under
ch. 985. The notice need not set forth the full contents of the resolution, but shall state the maximum amount of the bonds; the name of the eligible participant; the purpose of the bonds; the net number of jobs which the project which the municipality would finance with the bond issue is expected to eliminate, create or maintain on the project site and elsewhere in this state which is required to be shown by the proposed eligible participant on the form submitted under
sub. (4m) (a) 1.; and that the resolution was adopted under this section. A form of the public notice shall be attached to the initial resolution. Prior to adoption of the initial resolution, the open meeting notice given to members of the public under
s. 19.84 shall indicate that information with respect to the job impact of the project will be available at the time of consideration of the initial resolution. No other public notice of the authorization, issuance or sale of bonds under this section is required.
66.521(10)(c)
(c) A copy of the initial resolution together with a statement indicating when the public notice required under
par. (b) was published shall be filed with the secretary of commerce within 20 days following publication of notice. Prior to the closing of the bond issue, the secretary may require additional information from the eligible participant or the municipality. After the closing of the bond issue, the secretary shall be notified of the closing date, any substantive changes made to documents previously filed with the secretary and the principal amount of the financing.
66.521(10)(d)
(d) The governing body may issue bonds under this section without submitting the proposition to the electors of the municipality for approval unless within 30 days from the date of publication of notice of adoption of the initial resolution for such bonds, a petition conforming to the requirements of
s. 8.40, signed by not less than 5% of the registered electors of the municipality, or, if there is no registration of electors in the municipality, by 10% of the number of electors of the municipality voting for the office of governor at the last general election as determined under
s. 115.01 (13), is filed with the clerk of the municipality requesting a referendum upon the question of the issuance of the bonds. If such a petition is filed, the bonds shall not be issued until approved by a majority of the electors of the municipality voting thereon at a general or special election.
66.521(10)(e)
(e) Members of a governing body and officers and employes of a municipality are not personally liable on bonds and are not personally liable for any act or omission related to the authorization or issuance of bonds.
66.521(10)(g)
(g) Bonds may not be issued unless prior to adoption of an initial resolution a document which provides a good faith estimate of attorney fees which will be paid from bond proceeds is filed with the clerk of the municipality and the department of commerce.
66.521(10)(h)
(h) Bonds may not be issued unless prior to issuance all prerequisite conditions contained in the initial resolution are satisfied.
66.521(11)(a)(a) With respect to the enforcement of any construction lien or other lien under
ch. 779 arising out of the construction of projects financed under this section, no deficiency judgment or judgment for costs may be entered against the municipality. Projects financed under this section shall not be deemed to be public works, public improvements or public construction within the meaning of
ss. 59.57 (3) [59.52 (29)], 60.47, 61.55, 62.15, 779.14, 779.15 and 779.155 and contracts for the construction of such projects shall not be deemed to be public contracts within the meaning of
ss. 59.52 (29) and
66.29 unless factors such as and including municipal control over the costs, construction and operation of the project and the beneficial ownership of the project warrant such conclusion.
66.521 Note
NOTE: The bracketed language indicates the correct cross-reference.
1995 Wis. Act 201 renumbered s. 59.08 to be 59.52 (29), but incorrectly changed this cross-reference. Corrective legislation is pending.
66.521(11)(b)1.1. Except as provided by
subd. 2., construction work which is let by contract and which has an estimated cost exceeding $5,000 may be financed with bonds only if the contract is let to the lowest responsible bidder and proposals for the contract are advertised by publishing a class 2 notice under
ch. 985.
66.521(11)(b)1m.
1m. The contract shall include a clause prohibiting discrimination in employment and subcontracting. No facility constructed with industrial revenue bonds shall be used for any purpose which includes any act of employment discrimination as specified under
s. 111.322.
66.521(11)(b)2.
2. The governing body of a municipality may waive
subd. 1. with respect to a particular project by adopting an ordinance or resolution containing a statement of the reasons for the waiver and a description of the project for which waiver is made and publishing it as a class 1 notice under
ch. 985.
66.521(12)
(12) Validation of certain bonds and proceedings. Notwithstanding this section or any other law:
66.521(12)(a)
(a) In the absence of fraud, all bonds issued prior to July 25, 1980 purportedly pursuant to this section, and all proceedings taken purportedly pursuant to this section prior to that date for the authorization and issuance of those bonds or of bonds not yet issued, and the sale, execution and delivery of bonds issued prior to July 25, 1980, are hereby validated, ratified, approved and confirmed, notwithstanding any lack of power, however patent, other than constitutional, of the issuing municipality or the governing body or officer thereof, to authorize and issue the bonds, or to sell, execute or deliver the same, and notwithstanding any defects or irregularities, however patent, other than constitutional, in the proceeding or in the sale, execution or delivery of bonds issued prior to July 25, 1980. All such bonds are binding, legal obligations in accordance with their terms.
66.521(12)(b)
(b) Any proceedings for the authorization and issuance of bonds under this section in process prior to July 25, 1980 may be continued under this section as in effect prior to July 25, 1980 or under this section as in effect on and after July 25, 1980 if the governing body so elects and the initial resolution is published or republished after July 25, 1980. All such continued proceedings are validated, ratified, approved and confirmed; and all bonds issued as a result of such proceedings are binding, legal obligations in accordance with their terms.
66.521(13)
(13) Cost of industrial project eligible for financing. 66.521(13)(a)1.
1. "Placed into service" means having become a completed part of a facility which is in fact operational at the level of pollution control for which it was designed.
66.521(13)(a)2.
2. "Substantially" refers to an expenditure of 15% or more of the financed cost of acquiring the property involved.
66.521(13)(b)
(b) This section may be used to finance all or any part of the cost, tangible or intangible, whenever incurred, of providing an industrial project under this section, whether or not such industrial project is in existence on the date of adoption of the initial resolution or of issuance of the bonds; whether new or previously used; whether or not previously owned by the eligible participant, the eligible participant's designee or a party affiliated with either; and notwithstanding that this section was not in effect or did not permit such financing on the date of such adoption or at the time such ownership was acquired, except as follows:
66.521(13)(b)1.
1. No part of the costs of constructing or acquiring personal property owned by the eligible participant, the eligible participant's designee or a party affiliated with either at any time prior to the date of adoption of the initial resolution may be so financed except such costs for:
66.521(13)(b)1.a.
a. Pollution control facilities which have not been placed into service on the date of adoption of the initial resolution; or
66.521(13)(b)1.b.
b. Personal property which will either be substantially reconstructed, rehabilitated, rebuilt or repaired in connection with the financing or which represents less than 10% of the entire financing. Personal property shall be deemed owned only after 50% of the acquisition cost thereof has been paid and such property has been delivered and installed.
66.521(13)(b)2.
2. No part of the costs of acquiring real property or of acquiring or constructing improvements thereto may be so financed except such costs:
66.521(13)(b)2.a.
a. For pollution control facilities which have not been placed into service on the date of adoption of the initial resolution;
66.521(13)(b)2.b.
b. For real property which will be substantially improved or rehabilitated in connection with the project or which represents less than 25% of the entire financing;
66.521(13)(b)2.c.
c. For acquiring improvements which will themselves be substantially improved or rehabilitated in connection with the project, which represent less than 25% of the entire financing, or the cost of which is less than 33% of the cost of the real property to which they are appurtenant which is also being acquired; or
66.521(13)(b)2.d.
d. As are incurred after the date of adoption of the initial resolution for constructing improvements.
66.521 History
History: 1973 c. 265;
1977 c. 28;
1979 c. 32 s.
92 (9);
1979 c. 34,
221,
350,
355;
1979 c. 361 s.
112;
1979 c. 362 ss.
3 to
12,
16,
17,
18;
1981 c. 314;
1983 a. 24,
27;
1983 a. 189 ss.
63 to
65,
329 (14);
1983 a. 207 s.
93 (8);
1983 a. 532 s.
36;
1985 a. 29,
222,
285;
1985 a. 297 s.
76;
1985 a. 299;
1987 a. 27;
1989 a. 192;
1991 a. 39,
316;
1993 a. 122,
124,
453;
1995 a. 27 ss.
9116 (5),
9130 (4);
1995 a. 201,
225,
227,
332.
66.521 Annotation
This section is constitutional. It does not constitute a denial of equal protection of the law because the legislative classification is proper. State ex rel. Hammermill Paper Co. v. La Plante, 58 W (2d) 32, 205 NW (2d) 784.
66.521 Annotation
This section is not unconstitutional upon its face. 59 Atty. Gen. 106.
66.521 Annotation
Industrial development revenue bonding is not available for a project for a new automobile showroom, warehouse, and repair facility of a retail automobile dealership. 62 Atty. Gen. 141.
66.521 Annotation
Typical turnkey projects financed by industrial development revenue bonds under 66.521 are not subject to 66.293 (3), concerning prevailing wage rates. 63 Atty. Gen. 145.
66.521 Annotation
Sub. (11) does not require a municipality to obtain performance bonds for typical industrial revenue bond projects constructed by private industry. 64 Atty. Gen. 169.
66.521 Annotation
Chiropractic clinic may qualify for financing under this section. 70 Atty. Gen. 133.
66.521 Annotation
The financing of corporate expansion through industrial revenue bonds. Mulcahy, Guszkowski, 57 MLR 201.
66.526
66.526
Uniform salaries in first class cities. The common council of any city of the first class, however incorporated, may at any regular or special meeting, at any time during the calendar year, adopt a uniform and comprehensive salary or wage ordinance, or both, based on a classification of officers, employments and positions in the city service and of and including any and all offices and positions whatsoever in the employment of such city, whether previously so classified or not, provided provision has been made in the budget of the current year for the total sum of money required for the payment of salaries and wages for such employment and a tax levied to include the same, with the following exception: That wages may be fixed at any such time by resolution alone and that the common council may, at any time during the calendar year, at any such meeting determine a cost-of-living increment or deduction, to be paid in addition to such wages or salaries, based on a proper finding of the United States bureau of labor statistics. Any such common council may, at any such meeting, provide for overtime pay and compensatory time under
s. 103.025 for employes who work in excess of 40 hours per week.
66.526 History
History: 1993 a. 144.
66.527
66.527
Recreation authority. 66.527(1)
(1) Funds for the establishment, operation and maintenance of a department of recreation may be provided by the governing body of any town or school district after compliance with
s. 65.90.
66.527(2)(a)(a) Any such governmental unit may delegate the power to establish, maintain and operate a department of public recreation to a board of recreation, which shall consist of 3 members and shall be appointed by the chairperson or other presiding officer of the governing body. The first appointments shall be made so that one member will serve one year, one for 2 years and one for 3 years; thereafter appointments shall be for terms of 3 years.
66.527(2)(b)
(b) When 2 or more of the aforesaid governing units desire to conduct, jointly, a department of public recreation, the joint recreation board shall consist of not less than 3 members who shall be selected by the presiding officers of such governmental units acting jointly. Appointments shall be made for terms as provided in
par. (a).
66.527(2)(c)
(c) The members of any such recreation board shall serve gratuitously.
66.527(2)(d)
(d) Such recreation board is authorized to conduct the activities of such public recreation department, to expend funds therefor, to employ a supervisor of recreation, to employ assistants, to purchase equipment and supplies, and generally to supervise the administration, maintenance and operation of such department and recreational activities authorized by the board.
66.527(3)(a)(a) The public recreation board has the right to conduct public recreation activities on property purchased or leased by any such governing unit for recreational purposes and under its own custody, on other public property under the custody of any other public authority, body or board with the consent of such public authority, body or board, or on private property with the consent of its owner, and such board with the approval of the appointing board, may accept gifts and bequests of land, money or other personal property, and use the same in whole or in part, or the income therefrom or the proceeds from the sale of any such property in the establishment, maintenance and operation of recreational activities.
66.527(3)(b)
(b) The board shall annually submit to the governing body a report of its activities and showing receipts and expenditures. Such reports shall be submitted not less than 15 days prior to the annual meeting of such governmental unit.
66.527(3)(c)
(c) An audit shall be made of the accounts of such recreational board in the same manner as provided for audits for towns or school districts as the case may be.
66.527(3)(d)
(d) The persons selected by the recreation board shall furnish a surety bond in such amount as shall be fixed by the governing body.
66.527 History
History: 1975 c. 233;
1993 a. 184.
66.53
66.53
Repayment of assessments in certain cases. If in any city or town any contract for improvements is declared void by any court of last resort on the following grounds: want of power to make such contract; made contrary to a prohibition against contracting in any other than a specified way; or forbidden by statute, and if the governing body of the city or town has not adopted the resolution referred to in
s. 66.295 (1) relating to payment of any person who has furnished any benefits under the void contract, the governing body of the city or town may provide that all persons who have paid all or any part of any assessment levied against the abutting property owners by reason of the improvement may be reimbursed the amount of the assessment, paid from the fund, as the governing body may determine.
66.53 History
History: 1993 a. 246.
66.54
66.54
Special improvement bonds; certificates. 66.54(1)(1)
Definitions. Wherever used or referred to in this section, unless a different meaning clearly appears from the context:
66.54(1)(a)
(a) "Contractor" means the person, firm or corporation performing the work or furnishing the materials, or both, for a public improvement.
66.54(1)(am)
(am) "Debt service fund" means the fund, however derived, set aside for the payment of principal and interest on contractor's certificates or bonds issued under this section.
66.54(1)(b)
(b) "Governing body" means the body or board vested by statute with the power to levy special assessments for public improvements.
66.54(1)(c)
(c) "Municipality" means county, city, village, town, farm drainage board, sanitary districts, utility districts, public inland lake protection and rehabilitation districts, and all other public boards, commissions or districts, except 1st class cities, authorized by law to levy special assessments for public improvements against the property benefited by the special improvements.
66.54(1)(d)
(d) "Public improvement" means the result of the performance of work or the furnishing of materials or both, for which special assessments are authorized to be levied against the property benefited thereby.
66.54(2)
(2) Methods of payment for public improvements. In addition to the other methods prescribed by law, payment of the cost of any public improvement authorized by the governing body of any municipality on or after July 1, 1943, may be made by any one of the following methods or a combination thereof:
