66.1105(6)(am)4.
4. For purposes of this paragraph, the date of creation of a tax incremental district is:
66.1105(6)(am)4.a.
a. The May 1 date set under s.
66.46 (4) (c) 2., 1975 stats., if the local legislative body adopts a resolution to create the tax incremental district on or before May 1, 1978.
66.1105(6)(am)4.b.
b. The January 1 date set under
sub. (4) (gm) 2., if the local legislative body adopts a resolution to create the tax incremental district after May 1, 1978, and prior to July 31, 1981.
66.1105(6)(am)4.c.
c. The date the local legislative body adopts the resolution under
sub. (4) (gm), if the local legislative body adopts a resolution to create the tax incremental district on or after July 31, 1981.
66.1105(6)(b)
(b) Notwithstanding any other provision of law, every officer charged by law to collect and pay over or retain local general property taxes shall, on the settlement dates provided by law, pay over to the city treasurer out of all the taxes which the officer has collected the proportion of the tax increment due the city that the general property taxes collected in the city bears to the total general property taxes levied by the city for all purposes included in the tax roll, exclusive of levies for state trust fund loans, state taxes and state special charges.
66.1105(6)(c)
(c) Except for tax increments allocated under
par. (d),
(dm),
(e), or
(f) all tax increments received with respect to a tax incremental district shall, upon receipt by the city treasurer, be deposited into a special fund for that district. The city treasurer may deposit additional moneys into such fund pursuant to an appropriation by the common council. No moneys may be paid out of such fund except to pay project costs with respect to that district, to reimburse the city for such payments, to pay project costs of a district under
par. (d),
(dm),
(e), or
(f) or to satisfy claims of holders of bonds or notes issued with respect to such district. Subject to
par. (d),
(dm),
(e), or
(f), moneys paid out of the fund to pay project costs with respect to a district may be paid out before or after the district is terminated under
sub. (7). Subject to any agreement with bondholders, moneys in the fund may be temporarily invested in the same manner as other city funds if any investment earnings are applied to reduce project costs. After all project costs and all bonds and notes with respect to the district have been paid or the payment thereof provided for, subject to any agreement with bondholders, if there remain in the fund any moneys that are not allocated under
par. (d),
(dm),
(e), or
(f), they shall be paid over to the treasurer of each county, school district or other tax levying municipality or to the general fund of the city in the amounts that belong to each respectively, having due regard for that portion of the moneys, if any, that represents tax increments not allocated to the city and that portion, if any, that represents voluntary deposits of the city into the fund.
66.1105(6)(d)1.1. Subject to
subd. 1m., after the date on which a tax incremental district pays off the aggregate of all of its project costs under its project plan, but not later than the date on which a tax incremental district terminates under
sub. (7) (am), a planning commission may amend under
sub. (4) (h) 1. the project plan of such a tax incremental district to allocate positive tax increments generated by that tax incremental district to another tax incremental district created by that planning commission in which soil affected by environmental pollution exists to the extent that development has not been able to proceed according to the project plan because of the environmental pollution.
66.1105(6)(d)1m.
1m. After December 31, 2016,
subd. 1. applies only to Tax Incremental District Number One, Tax Incremental District Number Four, and Tax Incremental District Number Five in the City of Kenosha, and no increments may be allocated under that subdivision, after December 31, 2016, unless the allocation is approved by the joint review board.
66.1105(6)(d)2.
2. Except as provided in
subd. 2m., no tax increments may be allocated under this paragraph later than 16 years after the last expenditure identified in the project plan of the tax incremental district, the positive tax increments of which are to be allocated, is made.
66.1105(6)(d)2m.
2m. No tax increments may be allocated under this paragraph later than 35 years after the last expenditure identified in the project plan of the tax incremental district, the positive tax increments of which are to be allocated, is made if the district is created before October 1, 1995, except that in no case may the total number of years during which expenditures are made under
par. (am) 1. plus the total number of years during which tax increments are allocated under this paragraph exceed 42 years.
66.1105(6)(d)3.
3. This paragraph applies only in a city with a population of at least 80,000 that was incorporated in 1850 and that is in a county with a population of less than 175,000 which is adjacent to one of the Great Lakes.
66.1105(6)(d)5.
5. This paragraph does not apply to a tax incremental district that is created after January 1, 2004.
66.1105(6)(dm)1.1. After the date on which a tax incremental district that is located in a city that is described in
subd. 3. a. pays off the aggregate of all of its project costs under its project plan, but not later than the date on which a tax incremental district terminates under
sub. (7) (am), a planning commission may amend under
sub. (4) (h) 1. the project plan of such a tax incremental district to allocate positive tax increments generated by that tax incremental district to another tax incremental district created by that planning commission in which soil affected by environmental pollution exists to the extent that development has not been able to proceed according to the project plan because of the environmental pollution.
66.1105(6)(dm)1m.
1m. Either before, after or on the date on which a tax incremental district that is located in a city that is described in
subd. 3. b. pays off the aggregate of all of its project costs under its project plan, but not later than the date on which a tax incremental district terminates under
sub. (7) (am), a planning commission may amend under
sub. (4) (h) 1. the project plan of such a tax incremental district to allocate positive tax increments generated by that tax incremental district to another tax incremental district created by that planning commission in which soil affected by environmental pollution exists to the extent that development has not been able to proceed according to the project plan because of the environmental pollution.
66.1105(6)(dm)2.
2. Except as provided in
subd. 2m., no tax increments may be allocated under this paragraph later than 16 years after the last expenditure identified in the project plan of the tax incremental district, the positive tax increments of which are to be allocated, is made.
66.1105(6)(dm)2m.
2m. No tax increments may be allocated under this paragraph later than 20 years after the last expenditure identified in the project plan of the tax incremental district, the positive tax increments of which are to be allocated, is made if the district is created before October 1, 1995, except that in no case may the total number of years during which expenditures are made under
par. (am) 1. plus the total number of years during which tax increments are allocated under this paragraph exceed 27 years.
66.1105(6)(dm)3.a.
a. A city with a population of at least 10,000 that was incorporated in 1950 and that is in a county with a population of more than 500,000 which is adjacent to one of the Great Lakes.
66.1105(6)(dm)3.b.
b. A city with a population of at least 50,000 that was incorporated in 1853 and that is in a county which has a population of at least 140,000 and that contains a portion of the Fox River and Lake Winnebago.
66.1105(6)(dm)4.
4. This paragraph, with regard to a city that is described in
subd. 3. a., does not apply after January 1, 2002.
66.1105(6)(dm)5.
5. This paragraph, with regard to a city that is described in
subd. 3. b., does not apply after January 1, 2016.
66.1105(6)(e)1.1. Before the date on which a tax incremental district terminates under
sub. (7) (a), but not later than the date on which a tax incremental district terminates under
sub. (7) (am), a planning commission may amend under
sub. (4) (h) the project plan of the tax incremental district to allocate positive tax increments generated by that tax incremental district to another tax incremental district created by that planning commission if all of the following conditions are met:
66.1105(6)(e)1.a.
a. The donor tax incremental district, the positive tax increments of which are to be allocated, and the recipient tax incremental district have the same overlying taxing jurisdictions.
66.1105(6)(e)1.b.
b. Except as provided in
subd. 1. c., the donor tax incremental district and the recipient tax incremental district have been created before October 1, 1995.
66.1105(6)(e)1.c.
c. With respect to a tax incremental district that has been created by a 1st class city, the donor tax incremental district and the recipient tax incremental district have been created before October 1, 1996.
66.1105(6)(e)1.d.
d. The donor tax incremental district is able to demonstrate, based on the positive tax increments that are currently generated, that it has sufficient revenues to pay for all project costs that have been incurred under the project plan for that district and sufficient surplus revenues to pay for some of the eligible costs of the recipient tax incremental district.
66.1105(6)(e)3.
3. A project plan that is amended under
sub. (4) (h) to authorize the allocation of positive tax increments under
subd. 1. may authorize the allocation for a period not to exceed 5 years, except that if the planning commission determines that the allocation may be needed for a period longer than 5 years, the planning commission may authorize the allocation for up to an additional 5 years if the project plan is amended under
sub. (4) (h) during the 4th year of the allocation. In no case may positive tax increments under
subd. 1. be allocated from one donor tax incremental district for a period longer than 10 years.
66.1105(6)(f)1.1. Not later than the date on which a tax incremental district terminates under
sub. (7) (am), a planning commission may amend under
sub. (4) (h) the project plan of a tax incremental district to allocate positive tax increments generated by that tax incremental district to another tax incremental district created by that planning commission if all of the following conditions are met:
66.1105(6)(f)1.a.
a. The donor tax incremental district, the positive tax increments of which are to be allocated, and the recipient tax incremental district have the same overlying taxing jurisdictions.
66.1105(6)(f)1.b.
b. The allocation of tax increments under this paragraph is approved by the joint review board.
66.1105(6)(f)2.
2. An allocation of tax increments under this paragraph may be used by the recipient district only if one of the following applies:
66.1105(6)(f)2.a.
a. The project costs in the recipient district are used to create, provide, or rehabilitate low-cost housing or to remediate environmental contamination.
66.1105(6)(f)2.b.
b. The recipient district was created upon a finding that not less than 50 percent, by area, of the real property within the district is blighted or in need of rehabilitation.
66.1105(6)(f)3.
3. The allocation of positive tax increments from a donor district to one or more recipient districts cannot be made unless the donor district has first satisfied all of its current-year debt service and project cost obligations.
66.1105(6)(f)4.
4. No city may request or receive under
sub. (7) (am) 2. an extension for the life of a donor tax incremental district.
66.1105(6c)(a)(a) Any person who operates for profit and is paid project costs under
sub. (2) (f) 1. a.,
d.,
j. and
k. in connection with the project plan for a tax incremental district shall notify the department of workforce development and the local workforce development board established under
29 USC 2832, of any positions to be filled in the county in which the city which created the tax incremental district is located during the period commencing with the date the person first performs work on the project and ending one year after receipt of its final payment of project costs. The person shall provide this notice at least 2 weeks prior to advertising the position.
66.1105(6c)(b)
(b) Any person who operates for profit and buys or leases property in a tax incremental district from a city for which the city incurs real property assembly costs under
sub. (2) (f) 1. c. shall notify the department of workforce development and the local workforce development board established under
29 USC 2832, of any position to be filled in the county in which the city creating the tax incremental district is located within one year after the sale or commencement of the lease. The person shall provide this notice at least 2 weeks prior to advertising the position.
66.1105(6m)(a)(a) The city shall cause a certified public accountant to conduct audits of each tax incremental district to determine if all financial transactions are made in a legal and proper manner and to determine if the tax incremental district is complying with its project plan and with this section. Any city that creates a tax incremental district under this section and has an annual general audit may include the audits required under this subsection as part of the annual general audit.
66.1105(6m)(b)1.
1. Twelve months after 30% of the project expenditures are made;
66.1105(6m)(b)3.
3. Twelve months after the termination of the tax incremental district under
sub. (7).
66.1105(6m)(c)
(c) The city shall prepare and make available to the public updated annual reports describing the status of each existing tax incremental district, including expenditures and revenues. The city shall send a copy of the report to each overlying district by May 1 annually.
66.1105(7)
(7) Termination of tax incremental districts. A tax incremental district terminates when the earlier of the following occurs:
66.1105(7)(a)
(a) That time when the city has received aggregate tax increments with respect to the district in an amount equal to the aggregate of all project costs under the project plan and any amendments to the project plan for the district, except that this paragraph does not apply to a district whose positive tax increments have been allocated under
sub. (6) (d),
(dm),
(e), or
(f) until the district to which the allocation is made has paid off the aggregate of all of its project costs under its project plan.
66.1105(7)(ak)1.1. Except as provided in
par. (am) 1., for a district about which a finding is made under
sub. (4) (gm) 4. a. that not less than 50 percent, by area, of the real property within the district is a blighted area or an area in need of rehabilitation or conservation work, and if the district to which the plan relates is created after September 30, 1995, and before October 1, 2004, 27 years after the district is created.
66.1105(7)(ak)2.
2. For a district that is created after September 30, 1995, and before October 1, 2004, and that is not subject to
subd. 1., 23 years after the district was created, and for a district that is created before October 1, 1995, 27 years after the district is created.
66.1105(7)(am)1.1. For a district described under
par. (ak) 1., the time period specified in that subdivision, except that the city that created the district may, subject to
sub. (8) (e), request that the joint review board extend the life of the district for an additional 4 years. Along with its request for a 4-year extension, the city may provide the joint review board with an independent audit that demonstrates that the district is unable to pay off its project costs within the 27 years after the district is created. The joint review board may deny or approve a request to extend the life of the district for 4 years if the request does not include the independent audit, and the board shall approve a request to extend the life of the district for 4 years if the request includes the audit. If the joint review board extends the district's life, the district shall terminate at the earlier of the end of the extended period or the period specified in
par. (a).
66.1105(7)(am)2.
2. For a district that is created after September 30, 2004, about which a finding is made under
sub. (4) (gm) 4. a. that not less than 50 percent, by area, of the real property within the district is suitable for industrial sites or mixed-use development, 20 years after the district is created, except that the city that created the district may, subject to
sub. (8) (e), request that the joint review board extend the life of the district for an additional 3 years. Along with its request for a 3-year extension, the city may provide the joint review board with an independent audit that demonstrates that the district is unable to pay off its project costs within the 20 years after the district is created. The joint review board may deny or approve a request to extend the life of the district for 3 years if the request does not include the independent audit, and the board shall approve a request to extend the life of the district for 3 years if the request includes the audit. If the joint review board extends the district's life, the district shall terminate at the earlier of the end of the extended period or the period specified in
par. (a).
66.1105(7)(am)3.
3. For a district that is created after September 30, 2004, about which a finding is made under
sub. (4) (gm) 4. a. that not less than 50 percent, by area, of the real property within the district is a blighted area or in need of rehabilitation, 27 years after the district is created, except that the city that created the district may, subject to
sub. (8) (e), request that the joint review board extend the life of the district for an additional 3 years. Along with its request for a 3-year extension, the city may provide the joint review board with an independent audit that demonstrates that the district is unable to pay off its project costs within the 27 years after the district is created. The joint review board may deny or approve a request to extend the life of the district for 3 years if the request does not include the independent audit, and the board shall approve a request to extend the life of the district for 3 years if the request includes the audit. If the joint review board extends the district's life, the district shall terminate at the earlier of the end of the extended period or the period specified in
par. (a).
66.1105(7)(ar)
(ar) Notwithstanding
par. (am), 35 years after the district is created if it was created before October 1, 1995, and if the project plan is amended under
sub. (4) (h) 4.
66.1105(7)(as)
(as) Notwithstanding
par. (am), 35 years after the last expenditure identified in the project plan is made if the district to which the plan relates is created before October 1, 1995, and
sub. (6) (d) applies to the district.
66.1105(7)(at)
(at) Notwithstanding
par. (am), 16 years after the last expenditure identified in the project plan is made if the district to which the plan relates is created before October 1, 1995, and the expenditure period is specified in
sub. (6) (am) 2. c.
66.1105(7)(b)
(b) The local legislative body, by resolution, dissolves the district at which time the city becomes liable for all unpaid project costs actually incurred which are not paid from the special fund under
sub. (6) (c), except this paragraph does not make the city liable for any tax incremental bonds or notes issued.
66.1105(8)
(8) Notice of district termination, reporting requirements. 66.1105(8)(a)(a) A city which creates a tax incremental district under this section shall give the department of revenue written notice within 60 days of the termination of the tax incremental district under
sub. (7).
66.1105(8)(b)
(b) If the department of revenue receives a notice under
par. (a) during the period from January 1 to May 15, the effective date of the notice is the date the notice is received. If the notice is received during the period from May 16 to December 31, the effective date of the notice is the first January 1 after the department of revenue receives the notice.
66.1105(8)(c)
(c) After a city transmits to the department of revenue the notice required under
par. (a), the city and the department shall agree on a date by which the city shall send to the department, on a form prescribed by the department, all of the following information that relates to the terminated tax incremental district:
66.1105(8)(c)1.
1. A final accounting of all expenditures made by the city.
66.1105(8)(c)3.
3. The total amount of positive tax increments received by a city.
66.1105(8)(c)4.
4. The total amount of project costs, if any, not paid for with tax increments that became obligations of the city after the district was terminated.
66.1105(8)(d)
(d) If a city does not send to the department of revenue the form specified in
par. (c) within the time limit agreed to by the city and the department under
par. (c), the department may not certify the tax incremental base of a tax incremental district under
sub. (5) (a) and
(b) until the form is sent to the department.
66.1105(8)(e)
(e) A city shall notify the department of revenue at least one year before the date on which a tax incremental district is required to terminate under
sub. (7) (am) if a joint review board approves a request to extend the life of the district under
sub. (7) (am). If a city does not notify the department of revenue by that date, the department may deny the extension.
66.1105(9)(a)(a) Payment of project costs may be made by any one or more of the following methods:
66.1105(9)(a)1.
1. Payment by the city from the special fund of the tax incremental district;
66.1105(9)(a)3.
3. Payment out of the proceeds of the sale of bonds or notes issued by it under
ch. 67;
66.1105(9)(a)4.
4. Payment out of the proceeds of the sale of public improvement bonds issued by it under
s. 66.0619;
66.1105(9)(a)8.
8. Payment out of the proceeds of the sale of tax incremental bonds or notes issued by it under this subsection; or
66.1105(9)(a)9.
9. Payment out of the proceeds of revenue bonds issued by the city as provided by
s. 66.1103, for a purpose specified in that section.
66.1105(9)(b)1.1. For the purpose of paying project costs or of refunding municipal obligations issued under
ch. 67 or this subsection for the purpose of paying project costs, the local legislative body may issue tax incremental bonds or notes payable out of positive tax increments. Each bond or note and accompanying interest coupon, if any, is a negotiable instrument. The bonds and notes shall not be included in the computation of the constitutional debt limitation of the city. Bonds and notes issued under this subsection, together with their interest and income, shall be taxed in the same manner as are municipal obligations issued under
s. 67.04.
66.1105(9)(b)2.
2. Tax incremental bonds or notes shall be authorized by resolution of the local legislative body without the necessity of a referendum or any elector approval, but a referendum or election may be held, through the procedures provided in
s. 66.1103 (10) (d). The resolution shall state the name of the tax incremental district, the amount of bonds or notes authorized, and the interest rate or rates to be borne by the bond or notes. The resolution may prescribe the terms, form and content of the bonds or notes and any other matters that the local legislative body deems useful.
66.1105(9)(b)3.
3. Tax incremental bonds or notes may not be issued in an amount exceeding the aggregate project costs. The bonds or notes shall mature over a period not exceeding 23 years from the date of issuance or a period terminating with the date of termination of the tax incremental district, whichever period terminates earlier. The bonds or notes may contain a provision authorizing the redemption of the bonds or notes, in whole or in part, at stipulated prices, at the option of the city, on any interest payment date and shall provide the method of selecting the bonds or notes to be redeemed. The principal and interest on the bonds and notes may be payable at any time and at any place. The bonds or notes may be payable to bearer or may be registered as to the principal or principal and interest. The bonds or notes may be in any denominations. The bonds or notes may be sold at public or private sale. To the extent consistent with this subsection, the provisions of
ch. 67 relating to procedures for issuance, form, contents, execution, negotiation, and registration of municipal bonds and notes apply to bonds or notes issued under this subsection.
66.1105(9)(b)4.
4. Tax incremental bonds or notes are payable only out of the special fund created under
sub. (6) (c). Each bond or note shall contain the recitals necessary to show that it is only so payable and that it does not constitute an indebtedness of the city or a charge against its general taxing power. The local legislative body shall irrevocably pledge all or a part of the special fund to the payment of the bonds or notes. The special fund or the designated part of the fund may then be used only for the payment of the bonds or notes and interest on the bonds or notes until the bonds or notes have been fully paid; and a holder of the bonds or notes or of any coupons appertaining to the bonds or notes has a lien against the special fund for payment of the bonds or notes and interest on the bonds or notes and may either at law or in equity protect and enforce the lien.
