66.1105(4m)(c)1.b.
b. Whether the economic benefits of the tax incremental district, as measured by increased employment, business and personal income and property value, are insufficient to compensate for the cost of the improvements.
66.1105(4m)(c)1.c.
c. Whether the benefits of the proposal outweigh the anticipated tax increments to be paid by the owners of property in the overlying taxing districts.
66.1105(4m)(c)2.
2. The board shall issue a written explanation describing why any proposal it rejects fails to meet one or more of the criteria specified in
subd. 1.
66.1105(4m)(d)
(d) Before a city may make or incur an expenditure for project costs, as described in
sub. (2) (f) 1. n., for an area that is outside of a district's boundaries, the joint review board must approve the proposed expenditure.
66.1105(4m)(e)
(e) Notice of all meetings held by a joint review board shall be published as a class 1 notice, under
ch. 985, at least 5 days before the meeting.
66.1105(4m)(f)
(f) The joint review board shall meet annually on July 1, or when an annual report under
sub. (6m) (c) becomes available, to review annual reports under
sub. (6m) (c) and to review the performance and status of each district governed by the board.
66.1105(5)
(5) Determination of tax increment and tax incremental base. 66.1105(5)(a)(a) Subject to
sub. (8) (d), upon the creation of a tax incremental district, upon adoption of any amendment subject to
par. (c), or upon the adoption and approval of a resolution under
par. (h), its tax incremental base shall be determined or redetermined as soon as reasonably possible. The department of revenue may impose a fee of $1,000 on a city to determine or redetermine the tax incremental base of a tax incremental district under this subsection, except that if the redetermination is based on a single amendment to a project plan that both adds and subtracts territory, the department may impose a fee of $2,000.
66.1105(5)(b)
(b) Upon application in writing by the city clerk, in a form prescribed by the department of revenue, the department shall determine according to its best judgment from all sources available to it the full aggregate value of the taxable property in the tax incremental district. The application shall state the percentage of territory within the tax incremental district which the local legislative body estimates will be devoted to retail business at the end of the maximum expenditure period specified in
sub. (6) (am) 1. if that estimate is at least 35 percent. Subject to
sub. (8) (d), the department shall certify this aggregate valuation to the city clerk, and the aggregate valuation constitutes the tax incremental base of the tax incremental district. The city clerk shall complete these forms, including forms for the amendment of a project plan, and submit the completed application or amendment forms on or before October 31 of the year the tax incremental district is created, as defined in
sub. (4) (gm) 2. or, in the case of an amendment, on or before October 31 of the year in which the changes to the project plan take effect.
66.1105(5)(be)
(be) Notwithstanding the time limits in
par. (b), if the city clerk of a city that created a tax incremental district in September 1994 files with the department of revenue, not later than March 30, 1996, the forms and application that were originally due on or before December 31, 1994, the tax incremental base of the district shall be calculated by the department of revenue as if the forms and application had been filed on or before December 31, 1994, and, until the tax incremental district terminates, the department of revenue shall allocate tax increments and treat the district in all other respects as if the forms and application had been filed on or before December 31, 1994, except that the department may not certify a value increment under
par. (b) before 1996.
66.1105(5)(bf)
(bf) Notwithstanding the time limits in
par. (b), if the city clerk of a city that created a tax incremental district in July 1997 files with the department of revenue, not later than May 31, 1999, the forms and application that were originally due on or before December 31, 1997, the tax incremental base of the district shall be calculated by the department of revenue as if the forms and application had been filed on or before December 31, 1997, and, until the tax incremental district terminates, the department of revenue shall allocate tax increments and treat the district in all other respects as if the forms and application had been filed on or before December 31, 1997, except that the department may not certify a value increment under
par. (b) before 1999.
66.1105(5)(bh)
(bh) Notwithstanding the time limits in
subs. (4) (e) and
(4m) (b) 2., if the village clerk of a village that created, or attempted to create, a tax incremental district before June 2000 and amended or tried to amend the district's boundaries in September 2000 files with the department of revenue, not later than November 30, 2000, the forms and application that were originally due on or before December 31, 2000, the tax incremental base of the district shall be calculated by the department of revenue as if the time limits described in
subs. (4) (e) and
(4m) (b) 2. had been strictly complied with and, until the tax incremental district terminates, the department of revenue shall allocate tax increments and treat the district in all other respects as if the time limits described in
subs. (4) (e) and
(4m) (b) 2. had been strictly complied with and as if the district were created on January 1, 2000, except that the department of revenue may not certify a value increment under
par. (b) before 2002.
66.1105(5)(bi)
(bi) Notwithstanding the time limits in
par. (b), if the village clerk of a village that created, or attempted to create, a tax incremental district on January 1, 2005, based on actions taken by the village board in October 2004, files with the department of revenue, not later than December 31, 2006, the forms and application that were originally due on or before December 31, 2005, the tax incremental base of the district shall be calculated by the department of revenue as if the forms and application had been filed on or before December 31, 2005, and, until the tax incremental district terminates, the department of revenue shall allocate tax increments and treat the district in all other respects as if the forms and application had been filed on or before December 31, 2005, except that the department of revenue may not certify a value increment under
par. (b) before 2007.
66.1105(5)(bj)
(bj) Notwithstanding the requirements in
sub. (4) (a),
(c), and
(e), if a city that created, or attempted to create, a tax incremental district in October 1999 and in September 2000 and published the notices required under
sub. (4) (a),
(c), and
(e), and was in substantial compliance with the notice requirements although such notices contained technical deficiencies regarding the time, place, or subject of the required hearings, the department of revenue shall determine the tax incremental bases of the districts, allocate tax increments, and treat the districts in all other respects as if the requirements under
sub. (4) (a),
(c), and
(e) had been strictly complied with and as if the districts were created on January 1, 2000.
66.1105(5)(bk)
(bk) Notwithstanding the requirements in
sub. (4) (a),
(c), and
(e), if the village of Kimberly created, or attempted to create, a tax incremental district on January 1, 2005, based on a resolution described under
sub. (4) (gm) 2. that was adopted in April 2005, and attempted to publish, but did not actually publish, the notices required under
sub. (4) (a),
(c), and
(e), but was otherwise in substantial compliance as specified in
sub. (15), the department of revenue shall determine the tax incremental base of the district, allocate tax increments, and treat the district in all other respects as if the requirements under
sub. (4) (a),
(c), and
(e) had been strictly complied with and as if the district was created on January 1, 2005.
66.1105(5)(bL)
(bL) The requirement under s.
66.1105 (4m) (b) 2., 2001 stats., that a vote by the board take place not less than 10 days nor more than 30 days after receiving a resolution does not apply to a resolution amending a project plan under
sub. (4) (h) 1. if the resolution related to tax incremental district number 3 in the city of Altoona. The department of revenue shall approve the boundary amendment, allocate tax increments, redetermine the tax incremental base of the district using the January 1, 2003, values, and treat the district in all other respects as if the provisions of s.
66.1105 (4m) (b) 2., 2001 stats., had been complied with, except that the department of revenue may not certify a value increment under
par. (b) before 2007.
66.1105(5)(bn)
(bn) Notwithstanding the requirement that the total equalized value not exceed 12 percent, as described in
sub. (4) (gm) 4. c., if the village of Union Grove created, or attempted to create, tax incremental district number 4 on January 1, 2006, based on actions taken by the village board on February 27, 2006, the tax incremental base of the district shall be calculated by the department of revenue as if the tax incremental district had been created on January 1, 2006, and, until the tax incremental district terminates, the department of revenue shall allocate tax increments and treat the district in all other respects as if the district had been created on January 1, 2006, except that the department of revenue may not certify a value increment under
par. (b) before 2008.
66.1105(5)(bo)
(bo) Notwithstanding the requirement that the total equalized value not exceed 12 percent, as described in
sub. (4) (gm) 4. c., if the village of Elmwood created, or attempted to create, tax incremental district number 4 on January 1, 2006, based on actions taken by the village board on May 8, 2006, the tax incremental base of the district shall be calculated by the department of revenue as if the tax incremental district had been created on January 1, 2006, and, until the tax incremental district terminates, the department of revenue shall allocate tax increments and treat the district in all other respects as if the district had been created on January 1, 2006, except that the department of revenue may not certify a value increment under
par. (b) before 2010.
66.1105(5)(bp)
(bp) Notwithstanding the time limits in
par. (b), if the city clerk of a city that amended, or attempted to amend, the project plan of a tax incremental district on January 1, 2006, based on actions taken by the common council in April 2006, files with the department of revenue, not later than December 31, 2007, the forms and application that were originally due on or before December 31, 2006, the tax incremental base of the district shall be redetermined by the department of revenue as if the forms and application had been filed on or before December 31, 2006, and, until the tax incremental district terminates, the department of revenue shall allocate tax increments and treat the district in all other respects as if the forms and application had been filed on or before December 31, 2006, except that the department of revenue may not certify a value increment under
par. (b) before 2008.
66.1105(5)(bq)
(bq) Notwithstanding the time limits in
par. (b), if the city clerk of a city that amended, or attempted to amend, the project plan of a tax incremental district on January 1, 2007, based on actions taken by the common council in November 2006, files with the department of revenue, not later than December 31, 2009, the forms and application that were originally due on or before December 31, 2007, the tax incremental base of the district shall be redetermined by the department of revenue as if the forms and application had been filed on or before December 31, 2007, and, until the tax incremental district terminates, the department of revenue shall allocate tax increments and treat the district in all other respects as if the forms and application had been filed on or before December 31, 2007, except that the department of revenue may not certify a value increment under
par. (b) before 2010.
66.1105(5)(br)
(br) Notwithstanding the requirement that the findings under
sub. (4) (gm) 4. a. specify the type of district that is being created as blighted, in need of rehabilitation or conservation work, suitable for industrial sites, or suitable for mixed-use development, if the city of Waukesha created, or attempted to create, Tax Incremental District Number 18 on January 1, 2008, based on actions taken by the common council on July 16, 2008, the department of revenue shall certify the tax incremental base of the district as if the tax incremental district had been created on January 1, 2008, as a blighted area district and, until the tax incremental district terminates, the department of revenue shall allocate tax increments and treat the district in all other respects as if the district had been created on January 1, 2008, except that the department of revenue may not certify a value increment under
par. (b) before 2010.
66.1105(5)(bs)
(bs) Notwithstanding the time limits in
par. (b), if the city clerk of a city that created, or attempted to create, a tax incremental district on January 1, 2009, based on actions taken by the common council in December 2008, files with the department of revenue, not later than May 31, 2010, the forms and application that were originally due on or before December 31, 2009, the tax incremental base of the district shall be calculated by the department of revenue as if the forms and application had been filed on or before December 31, 2009, and, until the tax incremental district terminates, the department of revenue shall allocate tax increments and treat the district in all other respects as if the forms and application had been filed on or before December 31, 2009, except that the department of revenue may not certify a value increment under
par. (b) before 2011.
66.1105(5)(bt)
(bt) If the city of New Lisbon amends, or attempts to amend, the project plan of Tax Incremental District Number 12 on January 1, 2012, based on actions taken by the common council between July 1, 2011, and December 31, 2011, the tax incremental base of the district shall be redetermined by the department of revenue as if the district's project plan had been amended on January 1, 2012, except that the department of revenue may not certify a value increment under
par. (b), that reflects the amendment to the district's plan, before 2012. In addition, the time limits specified for the city clerk in
par. (b), and the provisions relating to the 12 percent limit findings requirement under
sub. (4) (gm) 4. c., do not apply to an amendment to the project plan of Tax Incremental District Number 12 in the city of New Lisbon.
66.1105(5)(c)1.1. For a tax incremental district created before March 3, 2016, if the city adopts an amendment to the original project plan for any district which subtracts territory from the district or which includes additional project costs at least part of which will be incurred after the period specified in
sub. (6) (am) 1., the tax incremental base for the district shall be redetermined, if
sub. (4) (h) 2.,
4., or
5. applies to the amended project plan, either by subtracting from the tax incremental base the value of the taxable property and the value of real property owned by the city, other than property described under s.
66.1105 (5) (bm), 2013 stats. that is subtracted from the existing district or by adding to the tax incremental base the value of the taxable property and the value of real property owned by the city, other than property described in s.
66.1105 (5) (bm), 2013 stats., that is added to the existing district under sub.
(4) (h) 2.,
4., or
5. or, if sub.
(4) (h) 2.,
4., or
5. does not apply to the amended project plan, under s.
66.1105 (b), 2013 stats., as of the January 1 next preceding the effective date of the amendment if the amendment becomes effective between January 2 and September 30, as of the next subsequent January 1 if the amendment becomes effective between October 1 and December 31 and if the effective date of the amendment is January 1 of any year, the redetermination shall be made on that date. With regard to a district to which territory has been added, the tax incremental base as redetermined under this paragraph is effective for the purposes of this section only if it exceeds the original tax incremental base determined under s.
66.1105 (5) (b), 2013 stats.
66.1105(5)(c)2.
2. For a tax incremental district created on or after March 3, 2016, if the city adopts an amendment to the original project plan for any district which subtracts territory from the district or which includes additional project costs at least part of which will be incurred after the period specified in
sub. (6) (am) 1., the tax incremental base for the district shall be redetermined, if
sub. (4) (h) 2. applies to the amended project plan, either by subtracting from the tax incremental base the value of the taxable property that is subtracted from the existing district or by adding to the tax incremental base the value of the taxable property that is added to the existing district under
sub. (4) (h) 2. or, if
sub. (4) (h) 2. does not apply to the amended project plan, under
par. (b), as of the January 1 next preceding the effective date of the amendment if the amendment becomes effective between January 2 and September 30, as of the next subsequent January 1 if the amendment becomes effective between October 1 and December 31 and if the effective date of the amendment is January 1 of any year, the redetermination shall be made on that date. With regard to a district to which territory has been added, the tax incremental base as redetermined under this paragraph is effective for the purposes of this section only if it exceeds the original tax incremental base determined under
par. (b).
66.1105(5)(ce)1.1. For a tax incremental district created before March 3, 2016, if the city adopts an amendment, to which
sub. (4) (h) 2.,
4., or
5. applies, the tax incremental base for the district shall be redetermined, either by subtracting from the tax incremental base the value of the taxable property and the value of real property owned by the city, other than property described under
s. 66.1105 (5) (bm), 2013, stats., that is subtracted from the existing district or by adding to the tax incremental base the value of the taxable property and the value of real property owned by the city, other than property described in
s. 66.1105 (5) (bm), 2013, stats., that is added to the existing district under
sub. (4) (h) 2.,
4., or
5., as of the January 1 next preceding the effective date of the amendment if the amendment becomes effective between January 2 and September 30, as of the next subsequent January 1 if the amendment becomes effective between October 1 and December 31 and if the effective date of the amendment is January 1 of any year, the redetermination shall be made on that date. With regard to a district to which territory has been added, the tax incremental base as redetermined under this paragraph is effective for the purposes of this section only if it exceeds the original tax incremental base determined under s.
66.1105 (5) (b), 2013 stats.
66.1105(5)(ce)2.
2. For a tax incremental district created on or after March 3, 2016, if the city adopts an amendment, to which
sub. (4) (h) 2. applies, the tax incremental base for the district shall be redetermined, either by subtracting from the tax incremental base the value of the taxable property that is subtracted from the existing district or by adding to the tax incremental base the value of the taxable property that is added to the existing district under
sub. (4) (h) 2. as of the January 1 next preceding the effective date of the amendment if the amendment becomes effective between January 2 and September 30, as of the next subsequent January 1 if the amendment becomes effective between October 1 and December 31 and if the effective date of the amendment is January 1 of any year, the redetermination shall be made on that date. With regard to a district to which territory has been added, the tax incremental base as redetermined under this paragraph is effective for the purposes of this section only if it exceeds the original tax incremental base determined under
par. (b).
66.1105(5)(cm)
(cm) The city clerk shall annually, after May 1 but before May 21, by written notice, inform the department of revenue of any amendment to the project plan which has been adopted. The city clerk shall also give written notice of the adoption of an amendment to the department of revenue within 60 days after its adoption. The department of revenue may prescribe forms to be used by the city clerk when giving notice as required by this paragraph.
66.1105(5)(d)
(d) Subject to
pars. (de) and
(dm), the department of revenue may not certify the tax incremental base as provided in
par. (b) until it determines that each of the procedures and documents required by
sub. (4) (a),
(b),
(gm) or
(h) and
par. (b) has been timely completed and all notices required under
sub. (4) (a),
(b),
(gm) or
(h) timely given. The facts supporting any document adopted or action taken to comply with
sub. (4) (a),
(b),
(gm) or
(h) are not subject to review by the department of revenue under this paragraph, except that the department may not certify the tax incremental base as provided in
par. (b) until it reviews and approves of the findings that are described in
sub. (4) (gm) 4. c.
66.1105(5)(de)
(de) With regard to a mixed-use development tax incremental district, the department of revenue may not certify the tax incremental base of such a district if the department determines that any of the following apply:
66.1105(5)(de)1.
1. The lands proposed for newly platted residential use exceed the percentage specified in
sub. (2) (cm).
66.1105(5)(de)2.
2. Tax increments received by the city are used to subsidize residential development and none of the conditions specified in
sub. (2) (f) 3. a. to
c. apply.
66.1105(5)(dm)
(dm) If the department of revenue certifies the tax incremental base of a mixed-use development tax incremental district and then determines that any of the conditions listed in the
par. (de) apply, the department may not certify the tax incremental base of any other tax incremental district in that city until the department certifies that the mixed-use development district complies with the percentage specified in
sub. (2) (cm) and that at least one of the conditions specified in
sub. (2) (f) 3. a. to
c. applies.
66.1105(5)(e)
(e) It is a rebuttable presumption that any property within a tax incremental district acquired or leased as lessee by the city, or any agency or instrumentality of the city, within the one year immediately preceding the date of the creation of the district was acquired or leased in contemplation of the creation of the district. The presumption may be rebutted by the city with proof that the property was leased or acquired primarily for a purpose other than to reduce the tax incremental base. If the presumption is not rebutted, in determining the tax incremental base of the district, but for no other purpose, the taxable status of the property shall be determined as if the lease or acquisition had not occurred.
66.1105(5)(f)
(f) The city assessor shall identify upon the assessment roll returned and examined under
s. 70.45 those parcels of property which are within each existing tax incremental district, specifying the name of each district. A similar notation shall appear on the tax roll made by the city clerk under
s. 70.65.
66.1105(5)(g)
(g) The department of revenue shall annually give notice to the designated finance officer of all governmental entities having the power to levy taxes on property within each district as to the equalized value of the property and the equalized value of the tax increment base. The notice shall also explain that the tax increment allocated to a city shall be paid to the city as provided under
sub. (6) (b) from the taxes collected.
66.1105(5)(h)1.1. Subject to
subds. 2. and
3. and
par. (i), a local legislative body may adopt a resolution requiring the department of revenue to redetermine the tax incremental base of a district that is in a decrement situation that has continued for at least 2 consecutive years.
66.1105(5)(h)2.
2. A resolution adopted under
subd. 1. may not take effect unless it is approved by a joint review board under
sub. (4m), acting as it would if the district's project plan was to be amended.
66.1105(5)(h)3.
3. A local legislative body may not adopt a resolution under
subd. 1. more than once during the life of a tax incremental district.
66.1105(5)(h)4.
4. Upon approval by a joint review board under
subd. 2., the department of revenue shall redetermine the tax incremental base of the district under
par. (a).
66.1105(5)(i)1.1. Before a local legislative body may adopt a resolution described in
par. (h) 1., the local legislative body must complete a financial analysis, as described in
subd. 2., and must amend the project plan so that at least one of the items specified in
subd. 3.,
4., or
5. occurs. The starting point for determining a tax incremental district's remaining life, under
subds. 4. and
5., is the date on which the joint review board acts under
par. (h) 2. and approves the resolution.
66.1105(5)(i)2.
2. The local legislative body shall conduct a financial analysis of the tax incremental district that includes, in addition to the items specified in
sub. (4) (f) and
(i) 1., the annual and total amount of tax increments to be generated over the life of the district, and the annual debt service costs on bonds issued by the city. If the city does not have the expertise to complete the requirements of this subdivision, it shall hire an entity which has the needed expertise to complete the financial analysis.
66.1105(5)(i)3.
3. The project plan specifies that, with regard to the total value of public infrastructure improvements in the district that occur after approval by the joint review board under
par. (h) 2., at least 51 percent of the value of such improvements must be financed by a private developer, or other private entity, in return for the city's agreement to repay the developer or other entity for those costs solely through the payment of cash grants as described in
sub. (2) (f) 2. d. To receive the cash grants, the developer or other private entity must enter into a development agreement with the city as described in
sub. (2) (f) 2. d.
66.1105(5)(i)4.
4. The project plan specifies that the city expects all project costs to be paid within 90 percent of the tax incremental district's remaining life, based on the district's termination date as calculated under
sub. (7) (ak) to
(au).
66.1105(5)(i)5.
5. The project plan specifies that expenditures may be made only within the first half of the tax incremental district's remaining life, based on the district's termination date as calculated under
sub. (7) (ak) to
(au), except that expenditures may be made after this period if the expenditures are approved by a unanimous vote of the joint review board. No expenditure under this subdivision may be made later than the time during which an expenditure may be made under
sub. (6) (am).
66.1105(6)
(6) Allocation of positive tax increments. 66.1105(6)(a)(a) If the joint review board approves the creation of the tax incremental district under
sub. (4m), and subject to
pars. (ae) and
(ag), positive tax increments with respect to a tax incremental district are allocated to the city which created the district or, in the case of a city or village that annexes or attaches a district created under
sub. (16), to the annexing or attaching city or village, for each year commencing after the date when a project plan is adopted under
sub. (4) (g). The department of revenue may not authorize allocation of tax increments until it determines from timely evidence submitted by the city that each of the procedures and documents required under
sub. (4) (d) to
(f) has been completed and all related notices given in a timely manner. The department of revenue may authorize allocation of tax increments for any tax incremental district only if the city clerk and assessor annually submit to the department all required information on or before the 2nd Monday in June. The facts supporting any document adopted or action taken to comply with
sub. (4) (d) to
(f) are not subject to review by the department of revenue under this paragraph. After the allocation of tax increments is authorized, the department of revenue shall annually authorize allocation of the tax increment to the city that created the district until the soonest of the following events:
66.1105(6)(a)1.
1. The department of revenue receives a notice under
sub. (8) and the notice has taken effect under
sub. (8) (b).
66.1105(6)(a)2.
2. Twenty-seven years after the tax incremental district is created if the district is created before October 1, 1995.
66.1105(6)(a)4.
4. Twenty-seven years after the tax incremental district is created if the district is created after September 30, 1995, and before October 1, 2004, and if the district is 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. If the life of the district is extended under
sub. (7) (am) 1., an allocation under this subdivision may be made 31 years after the district is created. If the life of the district is extended under
sub. (7) (am) 4., an allocation under this subdivision may be made for not more than an additional 3 years after allocations would otherwise have been terminated under this subdivision.
66.1105(6)(a)4m.
4m. Twenty-three years after the tax incremental district is created if the district is created after September 30, 1995, and before October 1, 2004, and if the district is 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 suitable for industrial sites.
66.1105(6)(a)5.
5. Thirty-one years after the tax incremental district is created if the district is created before October 1, 1995, and the expenditure period is specified in
par. (am) 2. c.
66.1105(6)(a)6.
6. Forty-two years after the tax incremental district is created if the district is created before October 1, 1995, and if the district is located in a city to which
par. (d) applies.
66.1105(6)(a)7.
7. Twenty years after the tax incremental district is created if the district is created on or after October 1, 2004, and if the district is at least predominantly suitable for mixed-use development or industrial sites under
sub. (4) (gm) 6. If the life of the district is extended under
sub. (7) (am) 2. an allocation under this subdivision may be made 23 years after such a district is created. If the life of the district is extended under
sub. (7) (am) 4., an allocation under this subdivision may be made for not more than an additional 3 years after allocations would otherwise have been terminated under this subdivision. For a tax incremental district created after March 3, 2016, the period during which a tax increment may be allocated under this subdivision shall be increased by one year if that district's project plan is adopted under
sub. (4) (g) after September 30 and before May 15.
66.1105 Note
NOTE: Subd. 7. is shown as affected by
2015 Wis. Acts 254 and
256 and as merged by the legislative reference bureau under s. 13.92 (2) (i).
66.1105(6)(a)8.
8. Twenty-seven years after the tax incremental district is created if the district is created on or after October 1, 2004, and if the district is a district specified under
sub. (4) (gm) 6. other than a district specified under
subd. 7. If the life of the district is extended under
sub. (7) (am) 3. an allocation under this subdivision may be made 30 years after such a district is created. If the life of the district is extended under
sub. (7) (am) 4., an allocation under this subdivision may be made for not more than an additional 3 years after allocations would otherwise have been terminated under this subdivision. For a tax incremental district created after March 3, 2016, the period during which a tax increment may be allocated under this subdivision shall be increased by one year if that district's project plan is adopted under
sub. (4) (g) after September 30 and before May 15.
66.1105 Note
NOTE: Subd. 8. is shown as affected by
2015 Wis. Acts 254 and
256 and as merged by the legislative reference bureau under s. 13.92 (2) (i).
66.1105(6)(a)9.
9. Thirty-seven years after the tax incremental district is created if the district is created before October 1, 1983, and the expenditure period is specified in
par. (am) 2. d.
66.1105(6)(a)10.
10. Thirty-seven years after the tax incremental district is created if the district is Tax Incremental District Number 3 in the city of Middleton.
66.1105(6)(a)11.
11. Thirty-seven years after the tax incremental district is created if the district is Tax Incremental District Number 3 in the city of Wausau.
66.1105(6)(a)12.
12. Thirty-seven years after the tax incremental district is created if the district is Tax Incremental District Number 1 in the village of Wales.
66.1105(6)(a)13.
13. Thirty-three years after the tax incremental district is created if the district is Tax Incremental District Number 1 in the village of Weston.
66.1105(6)(ae)
(ae) With regard to each district for which the department of revenue authorizes the allocation of a tax increment under
par. (a), the department shall charge the city that created the district an annual administrative fee of $150 that the city shall pay to the department no later than May 15. If the city does not pay the fee that is required under this paragraph, by May 15, the department may not authorize the allocation of a tax increment under
par. (a) for that city.
66.1105(6)(ag)
(ag) With regard to a multijurisdictional tax incremental district, the department of revenue may allocate positive tax increments to each participating city only to the extent that a city's component of the district has generated a positive value increment.
66.1105(6)(am)1.1. Except as otherwise provided in this paragraph, no expenditure may be made later than 5 years before the unextended termination date of a tax incremental district under
sub. (7) (ak) or
(am).
66.1105(6)(am)2.
2. The limitations on the period during which expenditures may be made under
subd. 1. do not apply to:
66.1105(6)(am)2.c.
c. Expenditures for project costs for Tax Incremental District Number 6 in a city with a population of at least 45,000 that is located in a county that was created in 1836 and that is adjacent to one of the Great Lakes. Such expenditures may be made no later than 26 years after the tax incremental district is created, and may be made through December 31, 2017.
66.1105(6)(am)2.d.
d. Expenditures for project costs for Tax Incremental District Number 2 in the city of Racine. Such expenditures may be made no later than 32 years after the district is created and may be made through 2015.
66.1105(6)(am)2.e.
e. Expenditures for project costs for Tax Incremental District Number 1 in the village of Denmark. Such expenditures may be made through 2014.
66.1105(6)(am)2.em.
em. Expenditures for project costs for Tax Incremental District Number 3 in the city of Middleton. Such expenditures may be made no later than 32 years after the district is created and may be made through 2025.
66.1105(6)(am)2.f.
f. Expenditures for project costs for Tax Incremental District Number 3 in the city of Marinette. Such expenditures may be made through July 2, 2018.
66.1105(6)(am)2.fm.
fm. Expenditures for project costs for Tax Incremental District Number 3 in the city of Wausau. Such expenditures may be made no later than 32 years after the district is created and may be made through 2026.
66.1105(6)(am)2.g.
g. Expenditures for project costs for Tax Incremental District Number 1 in the village of Wales. Such expenditures may be made no later than 32 years after the district is created and may be made through 2038.
66.1105(6)(am)2.h.
h. Expenditures for project costs for Tax Incremental District Number 1 in the village of Weston. Such expenditures may be made no later than 28 years after the district is created and may be made through 2026.
66.1105(6)(am)3.
3. For tax incremental districts for which the resolution under
sub. (4) (gm) is adopted on or after July 31, 1981, no expenditure may be made before the date the project plan is approved, except for costs directly related to planning the tax incremental district. In this subdivision “expenditure" means the exchange of money for the delivery of goods or services.
66.1105(6)(am)5.
5. No expenditure may be made later than 5 years before the termination date of a tax incremental district to which
par. (d) applies.
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),
(f), or
(g) 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),
(f), or
(g) or to satisfy claims of holders of bonds or notes issued with respect to such district. Subject to
par. (d),
(dm),
(e),
(f), or
(g), 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),
(f), or
(g), 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.
