66.92(1)(1) Any county, city, village or town or agency thereof may appropriate money, grant the use of land, buildings or property owned or leased by it, or take such other action as may be deemed advisable or necessary to promote and provide housing for veterans and military personnel.
66.92(2)
(2) In the event that an agency created or designated by a county or municipality to administer anything authorized under this section is unable to secure satisfactory and acceptable bid or bids the agency may nevertheless negotiate necessary contracts authorized by the sponsoring county or municipality subject to the approval of the county or municipality.
66.92(3)
(3) The department of veterans affairs shall furnish any county, city, village, town or agency thereof with information and assistance to facilitate housing for veterans and military personnel. The department of veterans affairs shall call upon the Wisconsin housing and economic development authority for assistance in carrying out the purpose of this subsection. The Wisconsin housing and economic development authority shall furnish such assistance when requested and the salaries and expenses therefor shall be paid out of the appropriation for the department of veterans affairs.
66.925
66.925
Urban homestead programs. 66.925(1)
(1)
Program established. In this section "governing body" means a county board, city council, village board or town board that establishes a program under this section and "property" means any property used principally for dwelling purposes that contains no more than 2 dwelling units and that is owned by a governing body. Any county board, city council, village board or town board may establish an urban homestead program. A program established by a county board under this section applies only to those unincorporated areas of the county in which no program exists. The program shall consist of the conveyance of property at cost under conditions set by the governing body and under the requirements of this section, to any individual or household satisfying eligibility requirements established by the governing body. The governing body may appropriate money for the administration of the program and may take any other action considered advisable or necessary to promote the program, including, but not limited to, the following:
66.925(1)(a)
(a) Acquisition under
ch. 75 of any property which would be eligible for conveyance under the program.
66.925(1)(b)
(b) Acquisition of any other property which would be eligible for conveyance under this program and that is declared unfit for human habitation by any housing code enforcement agency with jurisdiction over the property or that is found to be in substantial noncompliance with local housing codes.
66.925(2)
(2) Conditions of conveyance. As a condition of the conveyance of the property under
sub. (1), the governing body shall require that:
66.925(2)(a)
(a) The property be rehabilitated so that it satisfies all housing-related requirements of applicable law, including, but not limited to, building, plumbing, electrical and fire prevention codes, within a specific period, not to exceed 2 years, after the conveyance.
66.925(2)(b)
(b) The person to whom the property is conveyed live on the premises for a specified period, which may not be less than 3 years.
66.925(2)(c)
(c) The legal title to and ownership of any property conditionally conveyed under this section remain in the governing body until quitclaim deed to the property is conveyed to the individual or household under this subsection. The instrument of a conditional conveyance of property under this subsection shall contain the provision of this paragraph.
66.925(2m)
(2m) Eligibility. The governing body may establish reasonable eligibility criteria and other conditions and requirements necessary to ensure that the purposes of a program under this section are carried out.
66.925(3)
(3) Transfer of title. If an individual or household has resided on property conveyed under this section for the period of time required under
sub. (2) and has rehabilitated and maintained and otherwise complied with the terms of the conditional conveyance under
subs. (2) and
(2m) throughout the period, the governing body shall convey to the individual or household, by quitclaim deed, all of the body's reversionary interests in the property.
66.925(4)
(4) Mortgages. If an individual or household obtains a mortgage from a lending institution and uses the proceeds of the mortgage solely for the purposes of rehabilitating or constructing the premises or property under this section, the governing body shall agree to subjugate its rights to the premises or property in case of default, and shall agree that in such case it will execute and deliver a deed conveying title in fee simple to the institution, provided that the institution shall dispose of the property in like manner as foreclosed real estate and shall pay over any part of the proceeds of the disposition as shall exceed the amount remaining to be paid on account of the mortgage together with the actual cost of the sale, to the governing body. In return for relinquishing such rights, the governing body shall be given by the lending institution the opportunity to find, within 90 days of the default, another individual or household to assume the mortgage obligation.
66.925 History
History: 1981 c. 231; Stats. 1981 s. 66.91;
1981 c. 391 s.
80; Stats. 1981 s. 66.925;
1987 a. 378;
1993 a. 246.
66.925 Note
NOTE: Chapter 231, laws of 1981, section
2, which created this section, contains legislative "findings and purpose" in section 1.
66.93
66.93
Sites for veterans' memorial halls. Any city, town or village may donate to any organization specified in
s. 70.11 (9) land upon which is to be erected a memorial hall to contain the memorial tablet specified in said section.
66.935
66.935
Mass transit bonding. 66.935(1)(a)
(a) "Political subdivision" means a county, city, village or town.
66.935(1)(b)
(b) "Public transit body" means any transit or transportation commission or authority and public corporation established by law or by interstate compact to provide mass transportation services and facilities.
66.935(2)
(2) In addition to the provisions of any other statutes specifically authorizing cooperation between political subdivisions or public transit bodies, unless such statutes specifically exclude action under this section, any political subdivision or public transit body may, for mass transit purposes, issue bonds or, with any other political subdivision or public transit body, jointly issue bonds.
66.935 History
History: 1991 a. 282.
66.94
66.94
Metropolitan transit authority. 66.94(1)
(1)
Definitions. The following terms when used in this section, unless a different meaning clearly appears from the context, shall have the following meanings:
66.94(1)(a)
(a) "Authority" means any metropolitan transit authority established pursuant to this section.
66.94(1)(b)
(b) "Board" means the metropolitan transit board.
66.94(1)(c)
(c) "Bonds" shall mean any bonds, interim certificates, certificates of indebtedness, equipment obligations, notes, debentures or other obligations of the authority, issued pursuant to this section.
66.94(1)(d)
(d) "Contract" shall mean any agreement of the authority whether contained in a resolution, trust indenture, lease, bond or other instrument.
66.94(1)(e)
(e) "Metropolitan district" or "district" embraces all the territory in any county having a population of 125,000 or more and in those cities, villages and towns located in counties immediately adjacent thereto having a population of less than 125,000, through or into which a transportation system extends from such county.
66.94(1)(f)
(f) "Municipalities" means cities, villages and towns.
66.94(1)(g)
(g) "Obligee of the authority" or "obligee" shall include any bondholder, trustee or trustees for any bondholders, any lessor, demising property to the authority used in connection with the function of the transit board, or any assignee or assignees of such lessor's interest, or any part thereof, and the United States of America when it is a party to any contract with the authority.
66.94(1)(h)
(h) "Real property" shall include lands, lands under water, structures, and any and all easements, franchises and incorporeal hereditaments, and every estate and right therein, legal and equitable, including terms for years and liens by way of judgments, mortgages or otherwise.
66.94(1)(i)
(i) "Transportation system" means all land, shops, structures, equipment, property, franchises and rights of whatever nature required for transportation of passengers for hire, freight and express, except all transportation facilities extending beyond the boundaries of the metropolitan district, and except all express and freight operations not operated in combination with transportation of passengers, including, however, without limitation, elevated railroads, subways, underground railroads, motor vehicles, motor buses, and any combination thereof, or any other form of mass transportation operation.
66.94(1)(j)
(j) "Trust indenture" shall include instruments pledging the revenues of real or personal properties.
66.94(2)
(2) Creation of the authority. There is hereby authorized to be created in each county having a population of 125,000 or more a political subdivision, body politic and corporate of the state, under the name of "Metropolitan Transit Authority" which shall exercise the powers conferred by this section within the metropolitan district of which such county is a part.
66.94(3)
(3) Original exercise of powers. The authority shall not exercise any of the powers hereby granted until both of the following have occurred:
66.94(3)(a)
(a) This section is adopted by the electors of one or more cities, villages and towns having a population in the aggregate of more than 100,000 within the metropolitan district; and
66.94(3)(b)
(b) The legislative body of the municipality in such district then having more than 50 per cent of public transportation routes, computed upon a mileage basis, enacts an ordinance that accepts the authority for such municipality and designates the date when such authority shall commence to exercise its powers granted under this section. Repeal of that ordinance, subsequent to the exercise by the authority of such powers, shall not affect the continuation of the authority's operations or the exercise of its powers.
66.94(4)
(4) Manner of adoption. This section may be adopted by any city, village or town within the metropolitan district in the following manner: The governing body of any municipality, by ordinance passed at least 30 days prior to submission of the question, may direct that the question of the adoption of this section be submitted to the electors therein at any general, special, judicial or local election. The clerk of such municipality or the election commission of any city of the first class shall thereupon submit the question to popular vote. Public notice of the election shall be given in the same manner as in case of a regular municipal election except that such notice shall be published or posted at least 20 days prior to the election. If a majority of those voting on the question vote in the affirmative thereon, this section shall be adopted in such municipality. The proposition on the ballot to be used at such election shall be in substantially the following form:
Shall section 66.94 of the Wisconsin statutes which creates a metropolitan transit authority for ownership and operation of a public mass transportation system in the metropolitan district be adopted?
YES ⍽ NO ⍽
66.94(5)(a)(a)
Actions, seal, office. The authority may sue and be sued in its corporate name. It may adopt a corporate seal and change the same at pleasure. The principal office of the authority shall be located within the metropolitan district.
66.94(5)(b)
(b)
Exempt from taxation. The authority, its property (real or personal), franchises and income and the bonds, certificates and other obligations issued by it, and the interest thereon, shall be exempt from all income taxes and taxes based on the value of property by the state, any county, municipality, public corporation or other political subdivision or agency of the state.
66.94(5)(c)1.1. In lieu of the property taxes levied under
subch. I of ch. 76, and in lieu of the income or franchise taxes levied under
ch. 71 which, but for
par. (b), would be due and payable, there shall be paid to the state treasurer, as a tax equivalent to but not in excess of property taxes and income or franchise taxes, the net revenues of the next preceding year, after the payment of all of the following:
66.94(5)(c)1.a.
a. All operating costs, including all charges which may be incurred pursuant to
subs. (29) and
(34) and all other costs and charges incidental to the operation of the transportation system.
66.94(5)(c)1.b.
b. Interest on and principal of all bonds payable from said revenues and to meet all other charges upon such revenues as provided by any trust agreement executed by the authority in connection with the issuance of bonds or certificates.
66.94(5)(c)1.c.
c. All costs and charges incurred pursuant to
subs. (32) and
(33) and any other costs and charges for acquisition, installation, construction or replacement or reconstruction of equipment, structures or rights-of-way not financed through the issuance of bonds or certificates under
sub. (15) or
s. 66.935.
66.94(5)(c)1.d.
d. Any compensation required to be paid to any municipality for the use of streets, viaducts, bridges, subways and other public ways.
66.94(5)(c)2.
2. Deficiencies in any annual tax equivalent shall not be cumulative.
66.94(6)
(6) Members of the board. The governing and administrative body of the authority shall be a board consisting of 7 members to be known as the metropolitan transit board. Members of the board must live within the metropolitan district. They shall be persons of recognized business ability. No member of the board or employe of the authority shall hold any other office or employment under the federal, state or any county or any municipal government except as honorary office without compensation or an office in the military service. No member of the board shall hold any other office in or be employed by the authority. No member of the board or employe of the authority shall have any private financial interest or profit directly or indirectly in any contract, work or business of the authority nor in the sale of or lease of any property to or from the authority. No member of the board shall be paid any salary, fee or compensation for services except that the member shall be reimbursed for actual expenses incurred in the performance of duties.
66.94(7)(a)(a)
Appointment and terms of office. The members of the board shall hold office for terms of 7 years, except for the initial terms herein provided. Three members shall be appointed by the mayor and confirmed by the common council of the city having the largest population within the district. These appointments shall be for initial terms of 1, 3 and 7 years, respectively. Three members shall be appointed by the governor for initial terms of 2, 4 and 6 years, respectively. The 6 members so appointed will nominate the seventh member by majority vote for an initial term of 5 years, and the appointment of the seventh member shall be approved and made by the governor. If no seventh member is nominated either by the original board within 60 days of its appointment, or by any subsequent board within 60 days after a vacancy occurs in the office of the seventh member, then the governor shall appoint the seventh member. At the expiration of initial terms, successors shall be appointed in the same manner for terms of 7 years. Five members shall constitute a quorum.
66.94(7)(b)
(b)
Successors, vacancies. Successors to members shall be appointed in the same manner as their predecessors. In the event of a vacancy, a successor shall be appointed in like manner. In addition to death, resignation, legal incompetency or conviction of a felony, a member's office is vacated in the event the member's permanent residence is removed from the district.
66.94(8)
(8) Resignations and removals. Any member may resign from office to take effect when a successor has been appointed and is qualified. The appointing authority may remove any member of the board appointed by the appointing authority in case of incompetency, neglect of duty or malfeasance in office. They may give the board member a copy of such charges and an opportunity to be heard publicly thereon in person or by counsel upon not less than 10 days' notice. Upon failure of a member to qualify within the time required or upon a member's abandonment of or removal from office, the member's office shall become vacant.
66.94(9)
(9) General powers. The authority shall have power to acquire, construct or operate and maintain for public service a transportation system or systems or any part thereof in the district and the power to dispose of the same and to enter into agreement for the operation of such system or parts thereof with others and all other powers necessary or convenient to accomplish the purposes of this section.
66.94(10)
(10) Power to acquire existing transportation facilities. The authority may acquire by purchase, condemnation, lease, gift or otherwise, all or any part of the plant, equipment, rights and property, reserve funds, employe's pension or retirement funds, special funds, franchises, licenses, patents, permits, and papers, documents and records belonging to any person or public body operating a transportation system within the district, and to lease any municipality or privately owned facilities for operation and maintenance by the authority.
66.94(11)
(11) Power to acquire and dispose of properties. The authority shall have power to acquire by purchase, condemnation, lease, gift or otherwise any other property and rights useful for its purposes, and to sell, lease, transfer or convey any property or rights when no longer useful, or to exchange the same for other property or rights which are useful for its purposes.
66.94(12)
(12) Joint use of property. The authority shall have power to enter into agreements for the joint use by the authority and any railroad, person or public body owning or operating any transportation facilities either within or without the district of any property or rights of the authority or such railroad, person or public body operating any transportation facilities for any suitable purpose and for the establishment of through routes, joint fares and transfer of passengers.
66.94(13)(a)(a)
As to what property. The authority shall have the right of eminent domain to acquire any existing transportation facilities within the district and any private property or property devoted to any public use which is necessary for the purposes of the authority except such property which is used for the purpose of operating transportation facilities extending beyond the boundaries of the district. The authority shall have the right where necessary to acquire by eminent domain the right to use jointly all such property which is used for the purpose of operating transportation facilities extending beyond the boundaries of the district. The right of eminent domain shall be exercised in accordance with the procedure set out in
ch. 32 or in accordance with any other applicable laws.
66.94(14)
(14) Power to operate local transportation facilities. 66.94(14)(a)(a)
Use of public ways. The authority shall have the right, but not exclusive of the public right, to use any public road, street or other public way in the district for interurban transportation of passengers, but shall not have the right to use any street or other public way in any municipality for local transportation of passengers within such municipality unless this section shall have been adopted by such municipality, and the governing body of such municipality shall have given its consent thereto by ordinance. The right to use any road, street or other public way, or to operate over any bridge, viaduct or elevated structures above and subways beneath the surface of any road, street or public ground, including approaches, entrances, sidings, stations and connections for the purpose of local transportation in any municipality adopting this section, shall be upon such terms as are determined by the municipality in which such rights-of-way or facilities are located, and shall be subject to such reasonable rules and regulations and the payment of such license fees as the grantor may by ordinance from time to time prescribe.
66.94(14)(b)
(b)
Right to existing service. Nothing contained herein shall deprive any town, city or village of the transportation facility existing on July 31, 1951, or the right to seek extensions thereof as contemplated by statutes.
66.94(15)(a)(a)
Purpose. The authority shall have the continuing power to borrow money for the purpose of acquiring any transportation system or part thereof (including any cash funds of such system reserved to replace worn out or obsolete equipment and facilities), for acquiring necessary cash working funds or establishing reserve funds, for acquiring, constructing, reconstructing, extending or improving its transportation system or any part thereof and for acquiring any property and equipment useful for the construction, reconstruction, extension, improvement or operation of its transportation system or any part thereof. For the purpose of evidencing the obligation of the authority to repay any money borrowed the authority may, pursuant to ordinance adopted by the board, issue and dispose of interest-bearing revenue bonds or certificates and may also issue and dispose of such bonds or certificates to refund any bonds or certificates previously issued in accordance with the terms expressed therein and may also, by resolution adopted by the board, jointly issue bonds under
s. 66.935 (2) and waive for such bonds any of the restrictions contained in
pars. (b) to
(i).
66.94(15)(b)
(b)
Source of payment. All such bonds shall be payable solely from the revenues or income to be derived from the operation of such transportation system.
66.94(15)(c)
(c)
Terms. Bonds or certificates issued under this subsection may bear such date or dates, may mature at such time or times not exceeding 40 years from the date of issue, may bear interest at such rate to be paid semiannually, may be in such form, may be executed in such manner, may be payable at such place, may be made subject to redemption in such manner and upon such terms with or without premium as is stated on the face thereof, may be authenticated in such manner and may contain such terms and covenants as may be provided in such ordinance. These bonds and certificates may be registered under
s. 67.09.
66.94(15)(d)
(d)
Negotiability. Notwithstanding the form thereof, in the absence of an express recital to the contrary on the face thereof, all such bonds shall be negotiable instruments.
66.94(15)(e)
(e)
Temporary financing. Pending the preparation and execution of any such bonds temporary bonds may be issued with or without interest coupons as may be provided by ordinance.
66.94(15)(f)
(f)
Trust agreement; lien. To secure the payment of any such bonds and for the purpose of setting forth the covenants and undertakings of the authority in connection with the issuance thereof and of any additional bonds payable from such revenue or income, as well as the use and application of the revenue or income to be derived from the transportation system, the authority may execute and deliver trust agreements but no lien upon any physical property of the authority shall be created thereby.
66.94(15)(g)
(g)
Remedy for breach. A remedy for any breach of the terms of any such trust agreement by the authority may be by mandamus proceedings in any court of competent jurisdiction to compel performance and compliance therewith, but the trust agreement may prescribe by whom or on whose behalf such action may be instituted.
66.94(15)(h)
(h)
Public credit not pledged. Under no circumstances shall any bonds of the authority become an indebtedness or obligation of the state or of any county, city, town, village, school district or other municipal corporation, nor shall any such bond become an indebtedness of the authority within the purview of any constitutional limitation or provision, and it shall be plainly stated on the face of each bond and certificate that it does not constitute such an indebtedness or obligation but is payable solely from the revenues or income as aforesaid. For the purpose of debt limitation, the authority shall be considered a public utility.
66.94(15)(i)
(i)
Sale of securities. Before any such bonds (excepting refunding bonds) are sold, the entire authorized issue, or any part thereof, shall be offered for sale as a unit after advertising for bids, by a class 2 notice, under
ch. 985, published in the district, the last insertion to be at least 10 days before bids are required to be filed. All bids shall be sealed, filed and opened as provided by ordinance and the bonds shall be awarded to the highest and best bidder or bidders therefor. The authority shall have the right to reject all bids and readvertise for bids in the manner provided for in the initial advertisement. If no bids are received, such bonds may be sold at not less than par value, without further advertising, within 60 days after the bids are required to be filed pursuant to any advertisement.
66.94(16)(a)(a)
Purchase of equipment. The authority shall have power to purchase equipment such as cars and motor buses, and may execute agreements, leases and equipment trust certificates in the form customarily used in such cases appropriate to effect such purchase and may dispose of such equipment trust certificates. All money required to be paid by the authority under the provisions of such agreements, leases and certificates shall be payable solely from the revenue or income to be derived from the transportation system and from grants and loans as provided in
sub. (18). Payment for such equipment, or rentals therefor, may be made in instalments, and the deferred instalments may be evidenced by equipment trust certificates payable solely from such revenue or income, and it may be provided that title to such equipment shall not vest in the authority until the equipment trust certificates are paid.
66.94(16)(b)
(b)
Security. The agreement to purchase may direct the vendor to sell and assign the equipment to a bank or trust company, duly authorized to transact business in the state, as trustee for the benefit and security of such certificates and may direct the trustee to deliver the equipment to one or more designated officers of the authority and authorize the trustee simultaneously therewith to execute and deliver a lease of the equipment to the authority. Each vehicle so purchased and leased shall have the name of the owner and lessor plainly marked on both sides thereof followed by the words "Owner and Lessor".
66.94(16)(c)
(c)
Provisions of agreements. Such agreements, leases and certificates shall be authorized by ordinance of the board and shall contain such covenants, conditions and provisions as may be deemed necessary or appropriate to insure the payment of the certificates from the revenue or income to be derived from the transportation system.
66.94(16)(d)
(d)
Related agreements to be consistent. The covenants, conditions and provisions of the agreements, leases and certificates shall not conflict with any of the provisions of any trust agreement securing the payment of bonds or certificates of the authority.
66.94(17)
(17) Right to invest in securities of authority. The state and all counties, cities, villages, incorporated towns and other municipal corporations, political subdivisions and public bodies, and public officers of any thereof, all banks, bankers, trust companies, savings banks and institutions, building and loan associations, investment companies and other persons carrying on a banking business, all insurance companies, insurance associations and other persons carrying on an insurance business, and all executors, administrators, guardians, trustees and other fiduciaries may legally invest any debt service funds, moneys or other funds belonging to them or within their control in any bonds or certificates issued pursuant to this section, but nothing contained in this subsection shall be construed as relieving any person from any duty of exercising reasonable care in selecting securities for purchase or investment.
66.94(18)
(18) Power of authority to accept public grants and loans. The authority shall have power to apply for and accept grants and loans from the federal government, the state or any municipality, or any agency or instrumentality thereof, to be used for any of the purposes of the authority and to enter into any agreement in relation to such grants or loans when such agreement does not conflict with any of the provisions of any trust agreements securing the payment of bonds or certificates of the authority.
66.94(19)
(19) Power of authority to invest and reinvest funds. The authority shall have power to invest and reinvest any funds held in reserve or debt service funds not required for immediate disbursement in bonds or notes of the United States, bonds of the state, or of any county or municipality in which the authority is engaged in the operation of its business, and, at not to exceed their par value or their call price, in bonds or certificates of the authority, and to sell these securities whenever the funds are needed for disbursements. Such investment or reinvestment of any funds shall not be in conflict with any provisions of any trust agreement securing the payment of bonds or certificates of the authority.
66.94(20)
(20) Insurance and indemnity contracts. The authority shall have power to procure and enter into contracts for any type of insurance and indemnity against loss or damage to property from any cause, including loss of use and occupancy, against death or injury of any person, against employers' liability, against any act of any member, officer or employe of the board or of the authority in performance of the duties of that person's office or employment or any other insurable risk.
66.94(21)
(21) Power of taxation denied to authority. The authority shall not have power to levy taxes for any purpose whatsoever.
66.94(22)
(22) Ordinances, rules and regulations. The board shall have power to pass all ordinances and make all rules and regulations proper or necessary to regulate the use, operation and maintenance of its property and facilities, and to carry into effect the powers granted to the authority.
66.94(23)
(23) Organization of board. As soon as possible after the appointment of the initial members, the board shall organize for the transaction of business, select a chairperson and a temporary secretary from its own number, and adopt bylaws, rules and regulations to govern its proceedings. The initial chairperson and each succeeding chairperson shall be elected by the board from time to time for the term of that chairperson's office as a member of the board or for the term of 3 years, whichever is shorter and shall be eligible for reelection.
