66.1103(3)(c)
(c) Enter into revenue agreements with eligible participants with respect to industrial projects.
66.1103(3)(d)
(d) Mortgage all or part of the industrial project or assign the revenue agreements in favor of the holders of the bonds issued for the industrial project and in connection with the mortgage or assignment irrevocably waive any rights it would otherwise have to redeem the mortgaged premises in the event of foreclosure.
66.1103(3)(e)
(e) Sell and convey the industrial project and site, including without limitation the sale and conveyance subject to a mortgage, for the price and at the time that the governing body determines, but no sale or conveyance of any industrial project or site may be made that impairs the rights or interests of the holders of any bonds issued for the industrial project.
66.1103(3)(f)
(f) Finance an industrial project which is located entirely within the geographic limits of the municipality or some contiguous part of which is located within and some contiguous part outside the geographic limits of the municipality; or, finance an industrial project which is located entirely outside the geographic limits of the municipality, but only if the revenue agreement for the project also relates to another project of the same eligible participant, part of which is located within the geographic limits of the municipality. The power granted by this paragraph does not include the power to annex, tax, zone or exercise any other municipal power with respect to that part of the project located outside of the geographic limits of the municipality.
66.1103(3)(g)
(g) Consent, whenever it deems it necessary or desirable in fulfillment of the purposes of this section, to a modification of a rate of interest, a time of payment of any instalment of principal or interest or any other term of the revenue agreement, indenture or bonds.
66.1103(3)(h)
(h) Provide for any type of insurance against any risk including, without limitation, insurance on the revenues to be derived pursuant to the revenue agreement or on the obligation to make payment of the principal of or interest on the bonds.
66.1103(4)(a)(a) Bonds issued by a municipality under this section are limited obligations of the municipality. The principal of and interest on the bonds are payable solely out of the revenues derived under the revenue agreement pertaining to the project to be financed by the bonds, or, if there is a default of the agreement and to the extent that the municipality provides in the proceedings of the governing body authorizing the bonds to be issued, out of any revenues derived from the sale, releasing or other disposition of the project, or out of any collateral securing the revenue agreement, or out of the proceeds of the sale of bonds. Bonds and interest coupons issued under this section are not an indebtedness of the municipality, within the meaning of any state constitutional provision or statutory limitation. Bonds and interest coupons issued under this section are not a charge against the municipality's general credit or taxing powers or a pecuniary liability of the municipality or a redevelopment authority under
s. 66.1333, including but not limited to:
66.1103(4)(a)1.
1. Liability for failure to investigate or negligence in the investigation of the financial position or prospects of an eligible participant, a user of a project or any other person or for failure to consider, or negligence concerning, the adequacy of terms of, or collateral security for, the bonds or any related agreement to protect interests of holders of the bonds; and
66.1103(4)(a)2.
2. Any liability in connection with the issuance or sale of bonds, for representations made, or for the performance of the obligation of any person who is a party to a related transaction or agreement except as specifically provided in this section or by an express provision of the bond or a related written agreement to which the municipality is a party.
66.1103(4)(b)
(b) The limitation of liability provided by
par. (a) (intro.) shall be plainly stated on the face of each bond.
66.1103(4)(c)
(c) The bonds may be executed and delivered at any time; be in the form and denominations, without limitation as to the denomination of any bond, any other law to the contrary notwithstanding; be registered under
s. 67.09; be payable in one or more instalments and at such time, not exceeding 35 years from their date; be payable before maturity on the terms and conditions; be payable both with respect to principal and interest at the place in or out of this state; bear interest at the rate, either fixed or variable in accordance with the formula; be evidenced in the manner; and may contain other provisions not inconsistent with this section, as specified by the governing body.
66.1103(4)(d)
(d) Unless otherwise expressly or implicitly provided in the proceedings of the governing body authorizing the bonds to be issued, bonds issued under this section are subject to the general provisions of law, not inconsistent with this section, respecting the authorization, execution and delivery of the bonds of the municipality.
66.1103(4)(e)
(e) Bonds issued under this section may be sold at public or private sale in the manner, at the price and at the time determined by the governing body. The municipality may pay all expenses, premiums and commissions which the governing body considers necessary or advantageous in connection with the authorization, sale and issuance of the bonds.
66.1103(4)(f)
(f) All bonds issued under the authority of this section, and all interest coupons applicable to the bonds, are negotiable instruments, even though they are payable solely from a specified source.
66.1103(4m)(a)(a) A municipality may not enter into a revenue agreement with any person unless:
66.1103(4m)(a)1.
1. The person, at least 30 days prior to entering into the revenue agreement, has given a notice of intent to enter into the agreement, on a form prescribed under
s. 560.034 (1), to the department of commerce and to any collective bargaining agent in this state with whom the person has a collective bargaining agreement; and
66.1103(4m)(a)2.
2. The municipality has received an estimate issued under
s. 560.034 (5) (a), and the department of commerce has estimated whether the project which the municipality would finance under the revenue agreement is expected to eliminate, create or maintain jobs on the project site and elsewhere in this state and the net number of jobs expected to be eliminated, created or maintained as a result of the project.
66.1103(4m)(b)
(b) Any revenue agreement which an eligible participant enters into with a municipality to finance a project shall require the eligible participant to submit to the department of commerce within 12 months after the project is completed or 2 years after a revenue bond is issued to finance the project, whichever is sooner, on a form prescribed under
s. 560.034 (1), the net number of jobs eliminated, created or maintained on the project site and elsewhere in this state as a result of the project.
66.1103(4m)(c)
(c) Nothing in this subsection requires a person with whom a municipality has entered into a revenue agreement to satisfy an estimate under
par. (a) 2.
66.1103(4s)(a)3.
3. "Lost job" means an employment position with an employer that is eliminated at a site in this state other than a project site when the employer moves any part of its operation to a project site.
66.1103(4s)(a)4.
4. "New job" means an employment position with an employer that meets all of the following requirements:
66.1103(4s)(a)4.a.
a. Is created at a project site when the employer moves any part of its operation to a project site from another site in this state.
66.1103(4s)(a)4.b.
b. Increases the employer's total number of jobs at a project site after the construction of the project compared to the employer's total number of jobs at that project site before the construction of the project.
66.1103(4s)(a)4.c.
c. Is created within one year after the construction of the project is completed.
66.1103(4s)(a)4.d.
d. Is substantially similar in tasks performed and skills required as a lost job.
66.1103(4s)(a)4.e.
e. Is not a construction job or other nonpermanent job at a project site that is required only during and because of the construction of the project.
66.1103(4s)(a)5.
5. "Project site" means the location of a project that is the subject of a revenue agreement.
66.1103(4s)(b)
(b) A municipality may not enter into a revenue agreement with any employer that employs individuals in this state at a site other than a project site unless the employer certifies that the project is not expected to result in any lost jobs or the employer agrees to all of the following:
66.1103(4s)(b)1.
1. Notwithstanding
sub. (6m), the employer shall offer employment at any new job first to persons who were formerly employed at lost jobs.
66.1103(4s)(b)2.
2. The offer of employment for the new job shall have compensation and benefit terms at least as favorable as those of the lost job.
66.1103(4s)(b)3.
3. The employer shall certify compliance with this subsection to the department, to the governing body of each municipality within which a lost job exists and to any collective bargaining agent in this state with which the employer has a collective bargaining agreement at the project site or at a site where a lost job exists.
66.1103(4s)(b)4.
4. The employer shall submit a report to the department every 3 months during the first year after the construction of the project is completed. The reports shall provide information about new jobs, lost jobs and offers of employment made to persons who were formerly employed at lost jobs. The 4th report shall be the final report. The form and content of the reports shall be prescribed by the department under
par. (d).
66.1103(4s)(c)
(c) A determination of whether the job offer required under
par. (b) is an offer of suitable work under
s. 108.04 (8) may not take into consideration the requirements of this subsection. Whether the job offer is an offer of suitable work under
ch. 108 may be determined only by the same standards and requirements that apply to any other job offer under
ch. 108, including any standards relating to the relative location of the offered work and the location of the employee's domicile.
66.1103(4s)(d)
(d) The department shall administer this subsection and shall prescribe forms for certification and reports under
par. (b).
66.1103(5)
(5) Pledge of revenues and proceedings for issuance of bonds. 66.1103(5)(a)(a) The principal of, and interest on, any bonds issued under this section shall be secured by a pledge of the revenues out of which the bonds are made payable. The bonds may, but need not, be secured by any one or more of the following:
66.1103(5)(a)1.
1. A real estate mortgage or a security interest covering all or any part of the project from which the revenues so pledged may be derived.
66.1103(5)(a)3.
3. An assignment of the revenue agreement and any security given for the revenue agreement.
66.1103(5)(b)
(b) The proceedings under which the bonds are authorized to be issued under this section, and any indenture given to secure the bonds, may contain any agreements and provisions customarily contained in instruments securing bonds, including, but not limited to:
66.1103(5)(b)1.
1. Provisions respecting custody of the proceeds from the sale of the bonds including their investment and reinvestment until used to defray the cost of the project.
66.1103(5)(b)2.
2. Provisions respecting the fixing and collection of the proceeds under the revenue agreement pertaining to any project covered by the proceedings or indenture.
66.1103(5)(b)3.
3. The terms to be incorporated in the revenue agreement pertaining to the project.
66.1103(5)(b)5.
5. The creation, maintenance, custody, investment and reinvestment and use of special funds from the revenues of the project.
66.1103(5)(b)6.
6. The rights and remedies available in case of a default to the bondholders or to any trustee for the bondholders.
66.1103(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 securities and other investments as provided in the proceedings under which the bonds are authorized to be issued. The municipality may also provide that the 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 agreements or provisions under this paragraph, a municipality may not obligate itself, except with respect to the project and the application of the revenues from the project, and may not incur a pecuniary liability or a charge upon its general credit or against its taxing powers.
66.1103(5)(d)
(d) The proceedings authorizing any bonds under this section, or any indenture securing the bonds, may provide that if there is a default in the payment of the principal of, or the interest on, the bonds or in the performance of any agreement contained in the 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 the proceedings or the provisions of the indenture.
66.1103(5)(e)
(e) An 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 of the bonds or a violation of any agreement contained in the indenture, it may be foreclosed and the collateral sold under proceedings in any manner permitted by law. The indenture may also provide that a trustee under or a pledgee or assignee of or the holder of any bonds secured by the indenture may become the purchaser at any foreclosure sale if that person is the highest bidder.
66.1103(5)(f)
(f) The revenue agreement may include any provisions that the municipality considers appropriate to effect the financing of the project, including a provision for payments to be made in instalments and the securing of the obligation for any 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.
66.1103(6)(a)(a) Before the execution of a revenue agreement with respect to a project, the governing body shall determine all of the following:
66.1103(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 the project.
66.1103(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.
66.1103(6)(a)3.
3. Unless the terms of the revenue agreement provide that the eligible participant is obligated to provide for maintenance of the project and the carrying of all proper insurance with respect to the project, the estimated cost of maintaining the project in good repair and keeping it properly insured.
66.1103(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 amounts specified in
par. (a) 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. Before 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 those amounts, based upon the determination and findings, that 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 considered advisable by the governing body, in connection with the project; 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.
66.1103(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).
66.1103(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 workforce development and the local workforce development board established under
29 USC 2832, 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).
66.1103(7)
(7) Application of proceeds limited. The proceeds from the sale of bonds issued under this section may be applied only for the purpose for which the bonds were issued and if, for any reason, any portion of the proceeds are not needed for the purpose for which the bonds were issued, the unneeded portion of the 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 a bond issue:
66.1103(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;
66.1103(7)(b)
(b) The purchase price and installation cost of any part of a project that may be acquired by purchase;
66.1103(7)(c)
(c) The costs of environmental studies and monitoring systems in connection with the industrial project;
66.1103(7)(d)
(d) The costs of moving to the situs of the project property previously owned or leased by an eligible participant;
66.1103(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;
66.1103(7)(f)
(f) The current fair market value of any personal property acquired as a part of the project;
66.1103(7)(g)
(g) All expenses in connection with the authorization, sale and issuance of the bonds;
66.1103(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
66.1103(7)(i)
(i) A reserve for payment of the principal of and interest on the bonds.
66.1103(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.
66.1103(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 the land to the municipality computed on a prorated basis and if the purchase price is applied directly or indirectly to the payment of the principal or interest on the bonds.
66.1103(9)
(9) Payment of taxes. If an 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 is subject to taxation in the same amount and to the same extent as if that person were the owner of the property. Taxes shall be assessed to the private person using the real property and collected in the same manner as taxes assessed to owners of real property. When due, the taxes constitute a debt due from the private person to the taxing unit and are recoverable as provided by law, and the unpaid taxes 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) or
292.81, and shall be placed on the tax roll when there has been a conveyance of the property in the same manner as other taxes assessed against real property.
66.1103(10)(a)(a) An action required or permitted by this section to be taken by a governing body may be taken at any lawful meetings of the governing body. A simple majority of a quorum of the governing body is sufficient for the action under this section. The ayes and noes need not be taken with respect to the action and the action need not be officially read before adoption. Failure to publish an action under this section does not affect the validity of the action.
66.1103(10)(b)
(b) Upon the adoption of an initial resolution under this section, public notice of the adoption shall be given to the electors of the municipality before the issuance of the bonds described in the resolution, 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 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.
66.1103(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.
66.1103(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 the 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 and as provided in
s. 8.37 requesting a referendum upon the question of the issuance of the bonds. If a petition is filed, the bonds may not be issued until approved by a majority of the electors of the municipality voting on the referendum at a general or special election.
66.1103 Note
NOTE: Par. (d) is shown as affected by two acts of the 1999 legislature and as merged by the revisor under s. 13.93 (2) (c).
66.1103(10)(e)
(e) Members of a governing body and officers and employees 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.
66.1103(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.
66.1103(10)(h)
(h) Bonds may not be issued unless prior to issuance all prerequisite conditions contained in the initial resolution are satisfied.
66.1103(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 are not public works, public improvements or public construction within the meaning of
ss. 59.52 (29),
60.47,
61.55,
62.15,
779.14,
779.15 and
779.155 and contracts for the construction of the projects are not public contracts within the meaning of
ss. 59.52 (29) and
66.0901 unless factors including municipal control over the costs, construction and operation of the project and the beneficial ownership of the project warrant the conclusion that they are public contracts.
