84.40(4)
(4) All conveyances, leases and subleases made under this section shall be made, executed and delivered in the name of the department and signed by the secretary or the secretary's designees.
84.41
84.41
State liability; applicable laws; tax exemption; securing of federal aids. 84.41(1)
(1)
Liability of state. The state shall be liable for accrued rentals and for any other default under any lease or sublease executed under
s. 84.40 and may be sued therefor on contract as in other contract actions pursuant to
ch. 775, but it shall not be necessary for the lessor under any such lease or sublease or any assignee of such lessor or any person or other legal entity on behalf of such lessor to file any claim with the legislature prior to the commencement of any such action. However, the corporation or bondholders may not reenter or take possession of the highway land, easements or structures by reason of any default in the payment of rent or for any other reason.
84.41(2)
(2) Application of state laws. All laws of this state including those pertaining to the regulation of motor vehicles and highways, shall apply to the projects subject to lease and sublease executed under
s. 84.40.
84.41(3)
(3) Employment regulations. Employment regulations set forth in
s. 103.50 pertaining to wages and hours shall apply to all projects constructed under
s. 84.40 in the same manner as such laws apply to projects on other state highways. Where applicable, the federal wages and hours law known as the Davis-Bacon act shall apply.
84.41(4)
(4) Contractor's liens; performance and payment bonds. The provisions of
s. 779.15 pertaining to contractor's liens and related matters, and
s. 779.14 relating to performance and payment bonds, shall apply in the same manner as such law applies to other state highway construction projects.
84.41(5)
(5) Tax exemption. All lands leased and re-leased under any approved project shall be exempt from taxation.
84.41(6)
(6) No state debt created. Nothing contained in this section or
s. 84.40 shall create a debt of the state.
84.41(7)
(7) Securing of federal aids. The department shall do all things necessary to secure federal aids in carrying out the purposes of this section and
s. 84.40.
84.41 History
History: 1977 c. 29 s.
1654 (8) (a);
1979 c. 32 s.
92 (5), (9).
84.42
84.42
Limitations on bonding. The department's authority to act under
ss. 84.40 and
84.41 is limited to completion of highway I-94 between Tomah and Eau Claire, the interstate bridge, including the approaches, on highway I-94 at Hudson and highway I-90 between Tomah and La Crosse.
84.42 History
History: 1977 c. 29 s.
1654 (8) (a).
84.51
84.51
Construction of state highways. 84.51(1)
(1) The secretary with approval of the governor and subject to the limits of
s. 20.866 (2) (ur),
(us) and
(uu) may direct that state debt be contracted for the purposes set forth in
subs. (2) and
(3) subject to the limits set forth in
subs. (2) and
(3). Said debts shall be contracted in accordance with
ch. 18.
84.51(2)
(2) It is the intent of the legislature that state debt not to exceed $185,000,000 for the construction of highways be appropriated over a 6-year period except that if funds allocated to any project hereunder are not used for such project or if additional highway construction funds are made available hereunder, they shall first be used for development of state trunk highway 45 from the intersection with highway 41 to and including the West Bend bypass, and except that no funds shall be used for the construction of the proposed Bay freeway and no funds shall be used for the "Augusta Bypass" project in Eau Claire county. Nothing in this section shall be construed so as to allow the redevelopment of state trunk highway 83 in Washington and Waukesha counties. U.S. numbered highway 16 from Tomah to the interchange with I-90 east of Sparta shall be retained as part of the state highway system in the same route as in use on November 1, 1969. The improvement project for state trunk highway 23 from Sheboygan to Fond du Lac shall be undertaken as swiftly as practicable.
84.51(3)
(3) It is the intent of the legislature that state debt not to exceed $15,000,000 shall be incurred for the acquisition, construction, reconstruction, resurfacing, development, enlargement or improvement of the connecting highway facility known as the 27th Street viaduct in Milwaukee county.
84.52
84.52
Construction of intrastate and interstate bridges. 84.52(1)(1) The secretary, with the approval of the governor and subject to the limits of
s. 20.866 (2) (ug), may direct that state debt be contracted for the construction of bridges as set forth in
sub. (2) and subject to the limits set therein. Said debts shall be contracted in accordance with
ch. 18.
84.52(2)
(2) It is the intent of the legislature that state debt not to exceed $46,849,800 may be incurred for the construction or reconstruction of local bridges as provided by
s. 84.11 and interstate bridges as provided by
s. 84.12. Construction under this subsection shall be in accordance with the bridge needs of the state as determined in the biennial budget bill.
84.53
84.53
Matching of federal aid. 84.53(1)
(1) The secretary with the approval of the governor, subject to the limits of
s. 20.866 (2) (ut), may direct that state debt be contracted for the matching of federal aid as set forth in
sub. (2) and subject to the limits set therein. Said debt shall be contracted in accordance with
ch. 18.
84.53(2)
(2) It is the intent of the legislature that state debt not to exceed $10,000,000 may be incurred for the purpose of matching federal aid for the construction of highway facilities.
84.53 History
History: 1973 c. 333;
1977 c. 29.
84.59
84.59
Funding of transportation facilities and highway projects. 84.59(1)(1) Transportation facilities under
s. 84.01 (28) and major highway projects as defined under
s. 84.013 (1) (a) for the purposes under
ss. 84.06 and
84.09 may be funded with the proceeds of revenue obligations issued subject to and in accordance with
subch. II of ch. 18.
84.59(2)
(2) The department may, under
s. 18.56 (5) and
(9) (j), deposit in a separate and distinct fund outside the state treasury, in an account maintained by a trustee, revenues derived under
s. 341.25. The revenues deposited are the trustee's revenues in accordance with the agreement between this state and the trustee or in accordance with the resolution pledging the revenues to the repayment of revenue obligations issued under this section.
84.59(3)
(3) The secretary may pledge revenues received or to be received in the fund established in
sub. (2) to secure revenue obligations issued under this section. The pledge shall provide for the transfer to this state of all pledged revenues, including any interest earned on the revenues, which are in excess of the amounts required to be paid under
s. 20.395 (6) (as). The pledge shall provide that the transfers be made at least twice yearly, that the transferred amounts be deposited in the transportation fund and that the transferred amounts are free of any prior pledge.
84.59(4)
(4) The department shall have all other powers necessary and convenient to distribute the pledged revenues and to distribute the proceeds of the revenue obligations in accordance with
subch. II of ch. 18.
84.59(5)
(5) The department may enter into agreements with the federal government or its agencies, political subdivisions of this state or private individuals or entities to insure or in any other manner provide additional security for the revenue obligations issued under this section.
84.59(6)
(6) Revenue obligations may be contracted by the building commission when it reasonably appears to the building commission that all obligations incurred under this section can be fully paid from moneys received or anticipated and pledged to be received on a timely basis. Revenue obligations issued under this section shall not exceed $1,083,638,100 in principal amount, excluding obligations issued to refund outstanding revenue obligations. Not more than $1,041,341,000 of the $1,083,638,100 may be used for transportation facilities under
s. 84.01 (28) and major highway projects under
ss. 84.06 and
84.09.
84.59(7)
(7) Unless otherwise expressly provided in resolutions authorizing the issuance of revenue obligations or in other agreements with the holders of revenue obligations, each issue of revenue obligations under this section shall be on a parity with every other revenue obligation issued under this section and in accordance with
subch. II of ch. 18.
84.60(1)(a)
(a) "Bikeway" means a public path, trail, lane or other way, including structures, traffic control devices and related support facilities and parking areas, designated for use by bicycles and other vehicles propelled by human power. The term also includes "bicycle lane" as defined in
s. 340.01 (5e) and "bicycle way" as defined in
s. 340.01 (5s).
84.60(1)(b)
(b) "Highway" means any state trunk highway, national parkway, expressway, interstate highway or freeway.
84.60(2)
(2) The department may establish a bikeway separately or in conjunction with any existing highway.
84.60(3)
(3) Bikeways established under this section shall be considered highways for the purposes of
ss. 84.06,
84.07 and
84.09.
84.60 History
History: 1977 c. 29.
84.61
84.61
Milwaukee Brewers stadium project; East-West Freeway. 84.61(1)(1) There is established in the transportation fund a reserve account consisting of $15,000,000 for the purpose of funding state highway rehabilitation associated with the construction of a new stadium to be used by the Milwaukee Brewers, a professional baseball team located in Milwaukee County, or construction activities relating to highway resurfacing or bridge repair on the East-West Freeway from downtown Milwaukee to Waukesha. The department may supplement, from the reserve account, the appropriation under
s. 20.395 (3) (cq), for either of the projects. The reserve account shall be reduced by the amount of any supplemental appropriation made under this subsection.
84.61(2)(a)(a) There is established in the transportation fund a reserve account consisting of $13,349,000 for the purpose of funding construction activities relating to highway resurfacing or bridge repair on the East-West Freeway from downtown Milwaukee to Waukesha.
84.61(2)(b)
(b) Notwithstanding
s. 13.101 (3) (a), the joint committee on finance may supplement, from the reserve account established under
par. (a), the appropriation under
s. 20.395 (3) (cq), for the project specified in
par. (a). The reserve account shall be reduced by the amount of any supplemental appropriation made under this paragraph.
84.61(3)(a)(a) There is established in the transportation fund on July 1, 1996, a supplemental reserve account consisting of $13,349,000 for the purpose of funding construction activities relating to highway resurfacing or bridge repair on the East-West Freeway from downtown Milwaukee to Waukesha.
84.61(3)(b)
(b) Notwithstanding
s. 13.101 (3) (a), the joint committee on finance may supplement, from the reserve account established under
par. (a), the appropriation under
s. 20.395 (3) (cq), for the project specified in
par. (a). The reserve account shall be reduced by the amount of any supplemental appropriation made under this paragraph.
84.61(4)
(4) The department may not encumber any funds in the 1995-97 fiscal biennium for the purpose of funding state highway rehabilitation associated with the construction of a new stadium to be used by the Milwaukee Brewers, a professional baseball team located in Milwaukee County, or construction activities relating to highway resurfacing or bridge repair on the East-West Freeway from downtown Milwaukee to Waukesha except as provided in this section. This subsection does not apply to the encumbrance of funds pursuant to a federal demonstration grant.
84.61(5)
(5) This section does not apply after June 30, 1999.
84.61 History
History: 1995 a. 113.
