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:
66.54(2)(a)
(a) Payment by the municipality out of its general funds.
66.54(2)(b)
(b) Payment out of the proceeds of the sale of municipal obligations under
s. 66.066 and
ch. 67, including revenue obligations under
s. 66.066.
66.54(2)(c)
(c) Contractor's certificates, constituting a lien against a specific parcel of real estate.
66.54(2)(d)
(d) General obligation-local improvement bonds, or the proceeds thereof.
66.54(2)(e)
(e) Special assessment B bonds, or the proceeds thereof.
66.54(3)
(3) Preliminary payment on cost of public improvements. Whenever it is determined that the cost of any public improvement about to be made is to be paid, wholly or in part, by special assessments against the property to be benefited by the improvement, the resolution authorizing such public improvement shall provide and require that the whole, or any stated proportion, or no part of the estimated aggregate cost of such public improvement, which is to be levied as special assessments, shall be paid into the municipal treasury in cash. No such public improvement shall be commenced nor any contract let therefor unless and until such payment, if any, required by said resolution, is paid into the treasury of the municipality by the owner or persons having an interest in the property to be benefited, which payment shall be credited on the amount of the special assessments levied or to be levied against benefited property designated by the payer. In the event that a preliminary payment is required by said resolution, the refusal of one or more owners or persons having an interest in the property to be benefited to pay such preliminary payments shall not prevent the making of such improvement, if the entire specified sum is obtained from the remaining owners or interested parties.
66.54(4)
(4) Discount on contract price. Every bid hereafter received for any public improvement which is not to be paid wholly in cash shall contain a provision that all payments made in cash by the municipality as provided by contract or made on special assessments as hereinafter provided shall be subject to a specified rate of discount. The municipal treasurer shall issue a receipt for every such payment made on any special assessment, stating the date and amount of the cash payment, the discount and the total credit including such discount, on a specified special assessment or assessments. The treasurer shall on the same day deliver a duplicate of such receipt to the clerk, who shall credit the specified assessments accordingly. All moneys so received shall be paid to the contractor as provided by the contract.
66.54(5)
(5) Payment by municipality. Whenever any such public improvement has been paid for by the municipality, contractor's certificates as provided for in
sub. (6), or general obligation-local improvement bonds as provided for in
sub. (9), or special assessment B bonds as provided for in
sub. (10) may be issued to the municipality as the owner thereof. All of the provisions of
subs. (6),
(9) and
(10) applicable to the contractor or to the owner of such contractor's certificates or to such general obligation-local improvement bonds or to such special assessment B bonds shall be deemed to include the municipality which has paid for such improvement and to which such contractor's certificates, general obligation-local improvement bonds or special assessment B bonds have been issued, except as in this section otherwise provided.
66.54(6)
(6) Payment by contractor's certificate. 66.54(6)(a)(a) Whenever any public improvement has been made and has been accepted by the governing body of the municipality, it may cause to be issued to the contractor for such public improvement, a contractor's certificate as to each parcel of land against which special assessments have been levied for the unpaid balance of the amount chargeable thereto, describing each parcel. Such certificate shall be substantially in the following form:
$.... No. ....
(name of municipality)
Contractor's certificate
For construction of ....
(name of municipality)
Issued pursuant to
We, the undersigned officers of the (name of municipality), hereby certify that (name and address of contractor) has performed the work of constructing .... in .... benefiting the following premises, to wit: (insert legal description) in the (name of municipality) .... County, Wisconsin, pursuant to a contract entered into by said (name of municipality) with the said (name of contractor), dated ...., and that .... entitled to the sum of .... dollars, being the unpaid balance due for said work chargeable to the property hereinabove described.
Now, therefore, If the said sum shall not be paid to the treasurer of (name of municipality) before the first day of December, next, the same shall be extended upon the tax roll of the (name of municipality) against the property above described as listed therein, and collected for, as provided by law.
This certificate is transferable by indorsement but such assignment or transfer shall be invalid unless the same shall be recorded in the office of the clerk of the (name of municipality) and the fact of such recording is indorsed on this certificate. The holder of this certificate shall have no claim upon the (Name of municipality) in any event, except from the proceeds of the special assessments levied for said work against the above described land.
This certificate shall bear interest from its date to January 1 next succeeding.
Given under our hands at (name of municipality), this .... day of ...., 19 ....
.... ....
(Mayor, President, Chairperson)
Countersigned:
