AB710,335,2012
(g)
The An authority may employ personnel as required to perform its duties
13and responsibilities under civil service. The authority may appoint an executive
14director whose qualifications
shall be are determined by the authority. The director
15shall
also act as secretary of the authority and
may have has the duties, powers and
16responsibilities delegated by the authority. All of the employes, including the
17director of the authority,
shall be eligible to may participate in the same pension
18system, health and life insurance programs and deferred compensation programs
19provided for city employes and are eligible for any other benefits provided to city
20employes.
AB710,335,23
21(5) (a)
Every An authority
is granted, in addition to any other powers,
may
22exercise all powers necessary or incidental to carry out and effectuate the purposes
23of this section, including the
power to do all of the following
powers:
AB710,336,3
11.
To prepare or cause to be prepared Prepare redevelopment plans and urban
2renewal plans and
to undertake and carry out redevelopment and urban renewal
3projects within the corporate limits of the city in which it functions.
AB710,336,124
2.
To enter Enter into any contracts determined by the authority to be
5necessary to effectuate the purposes of this section. All contracts, other than those
6for personal or professional services, in excess of $25,000
shall be are subject to bid
7and
shall be awarded to the lowest qualified and competent bidder. The authority
8may reject any bid required under this paragraph. The authority shall advertise for
9bids by a class 2 notice, under ch. 985, published in the city in which the project is
10to be developed. If the estimated cost of a contract, other than a contract for personal
11or professional services, is between $3,000 and $25,000, the authority shall give a
12class 2 notice, under ch. 985, of the proposed work before the contract is entered into.
AB710,337,2113
3. Within the boundaries of the city
to, acquire by purchase, lease, eminent
14domain, or otherwise, any real or personal property or any interest
therein in the
15property, together with any improvements
thereon
on the property, necessary or
16incidental to a redevelopment or urban renewal project;
to hold, improve, clear or
17prepare for redevelopment or urban renewal any
such
of the property;
to sell, lease,
18subdivide, retain or make available
the property for the city's use;
to mortgage or
19otherwise encumber or dispose of any
such of the property or any interest
therein;
20to in the property; enter into contracts with redevelopers of property containing
21covenants, restrictions and conditions regarding the use of
such the property in
22accordance with a redevelopment or urban renewal plan, and
such other covenants,
23restrictions and conditions
as that the authority
deems considers necessary to
24prevent a recurrence of blighted areas or to effectuate the purposes of this section;
25to make any
of such covenants, restrictions, conditions or covenants running with
1the land and
to provide appropriate remedies for
any their breach
thereof; to; arrange
2or contract for the furnishing of services, privileges, works or facilities for, or in
3connection with a project;
to temporarily operate and maintain real property
4acquired by it in a project area for or in connection with a project pending the
5disposition of the property for
such uses and purposes
as that may be deemed
6desirable even though not in conformity with the redevelopment plan for the area;
7within the boundaries of the city
to, enter into any building or property in any project
8area in order to make inspections, surveys, appraisals, soundings or test borings, and
9to obtain
an a court order for this purpose
from a court of competent jurisdiction in
10the event if entry is denied or resisted;
to own and hold property and
to insure or
11provide for the insurance of any real or personal property or any of its operations
12against any risks or hazards, including
the power to pay paying premiums on any
13such insurance;
to invest any project funds held in reserves or sinking funds or
any
14such the funds not required for immediate disbursement in property or securities in
15which savings banks may legally invest funds subject to their control;
to redeem its
16bonds issued under this section at the redemption price established
therein in the
17bonds or
to purchase
such the bonds at less than redemption price, all
such bonds so
18redeemed or purchased to be canceled;
to develop, test and report methods and
19techniques, and carry out demonstrations and other activities, for the prevention
20and elimination of slums and blight; and
to disseminate blight elimination, slum
21clearance and urban renewal information.
AB710,338,722
4. a.
To borrow Borrow money and issue bonds;
to execute notes, debentures
23and other forms of indebtedness;
and to apply for and accept advances, loans, grants,
24contributions and any other form of financial assistance from the city in which it
25functions, from the federal government, the state, county, or other public body, or
1from any sources, public or private for the purposes of this section, and
to give such
2security as may be required and
to enter into and carry out contracts or agreements
3in connection
therewith with the security; and
to include in any contract for financial
4assistance with the federal government for or with respect to blight elimination and
5slum clearance and urban renewal such conditions imposed pursuant to federal laws
6as the authority deems reasonable and appropriate and which are not inconsistent
7with the purposes of this section.
AB710,338,108
b. Any debt or obligation of the authority
shall
is not
be deemed the debt or
9obligation of the city, county, state or any other governmental authority other than
10the redevelopment authority itself.
AB710,340,711
c.
To issue Issue bonds
in its discretion to finance its activities under this
12section, including the payment of principal and interest upon any advances for
13surveys and plans, and
may issue refunding bonds for the payment or retirement of
14such bonds previously issued by it.
Such bonds Bonds shall be made payable, as to
15both principal and interest, solely from the income, proceeds, revenues, and funds
16of the authority derived from or held in connection with its undertaking and carrying
17out of projects or activities under this section
; provided that payment. Payment of
18such the bonds, both as to principal and interest, may be further secured by a pledge
19of any loan, grant or contribution from the federal government or other source, in aid
20of any projects or activities of the authority under this section, and by a mortgage of
21any such all or a part of the projects or activities
, or any part thereof. Bonds issued
22under this section
shall are not
constitute an indebtedness within the meaning of any
23constitutional or statutory debt limitation or restriction of the state, city or of any
24public body other than the authority issuing the bonds, and
shall are not
be subject
25to any other law or charter relating to the authorization, issuance or sale of bonds.
1Bonds issued under this section are declared to be issued for an essential public and
2governmental purpose and, together with interest
thereon and income
therefrom,
3shall be are exempt from all taxes. Bonds issued under this section shall be
4authorized by resolution of the authority
and, may be issued in one or more series
5and shall bear
such a date, be payable upon demand or mature at
such a time, bear
6interest at
such a rate, be in
such a denomination, be in
such
a form either with or
7without coupon or registered, carry
such conversion or registration privileges, have
8such rank or priority, be payable in
such a medium of payment, at
such a place, and
9be subject to
such terms of redemption, with or without premium, be secured in
such 10a manner, and have
such other characteristics, as
is provided by the resolution, trust
11indenture or mortgage issued pursuant
thereto to the transaction. Bonds issued
12under this section shall be executed as provided in s. 67.08 (1) and may be registered
13under s. 67.09. The bonds may be sold or exchanged at public sale or by private
14negotiation with bond underwriters as the authority
may provide provides. The
15bonds may be sold or exchanged at
such any price
or prices as that the authority
shall
16determine determines. If sold or exchanged at public sale, the sale shall be held after
17a class 2 notice, under ch. 985, published
prior to such before the sale in a newspaper
18having general circulation in the city and in
such
any other medium of publication
19as that the authority determines.
Such bonds Bonds may be sold to the federal
20government at private sale, without publication of any notice, at not less than par,
21and, if less than all of the authorized principal amount of
such the bonds is sold to
22the federal government, the balance may be sold at private sale at not less than par
23at an interest cost to the authority
of that does not
to exceed the interest cost to the
24authority of the portion of the bonds sold to the federal government. Any provision
25of
any law to the contrary notwithstanding, any bonds issued
pursuant to under this
1section
shall be are fully negotiable. In any suit, action or proceeding involving the
2validity or enforceability of any bond issued under this section or the security
3therefor for any bond, any
such bond reciting in substance that it has been issued by
4the authority in connection with a project or activity under this section
shall be
5conclusively is deemed to have been issued for
such that purpose and
such the project
6or activity
shall be conclusively is deemed to have been planned, located and carried
7out in accordance with this section.
AB710,340,158
5.
To establish Establish a procedure for preservation of the records of the
9authority by the use of microfilm, another reproductive device, optical imaging or
10electronic formatting, if authorized under s. 19.21 (4) (c).
Any such The procedure
11shall assure that copies of
such the records that are open to public inspection
12continue to be available to members of the public requesting them. A photographic
13reproduction of a record or copy of a record generated from optical disk or electronic
14storage is deemed the same as an original record for all purposes if it meets the
15applicable standards established in ss. 16.61 and 16.612.
AB710,340,2016
6.
The Authorize the chairperson of the authority or the vice chairperson in the
17absence of the chairperson, selected by vote of the commissioners, and the executive
18director or the assistant director in the absence of the executive director
is authorized 19to execute on behalf of the authority all contracts, notes and other forms of obligation
20when authorized by at least 4 of the commissioners of the authority to do so.
AB710,340,2321
7.
The authority is authorized to commence Commence actions in its own name
22and. The authority shall be sued in the name of the authority. The authority shall
23have an official seal.
AB710,340,2524
8.
To exercise such Exercise other
and further powers
as that may be required
25or necessary
in order to effectuate the purposes
hereof of this section.
AB710,341,3
19.
To exercise Exercise any powers of a housing authority under s.
66.40 266.1201 if done in concert with a housing authority under a contract under s.
66.30 366.0301.
AB710,341,204
(b) 4. The authority may acquire by purchase real property within any area
5designated for urban renewal or redevelopment purposes under this section
prior to 6before the approval of either the redevelopment or urban renewal plans or
prior to 7before any modification of the plan
, providing if approval of
such
the acquisition is
8granted by the local governing body.
In the event of the acquisition of such real
9property If real property is acquired, the authority may demolish or remove
10structures
so acquired with the approval of the local governing body.
In the event
11that If acquired real property
so acquired is not made part of the urban renewal
12project the authority shall bear any loss that may arise as a result of the acquisition,
13demolition or removal of structures acquired under this section
; however, the local
14legislative body if it. If the local legislative body has given its approval to the
15acquisition of
such real property
that is not made a part of the urban renewal project,
16it shall reimburse the authority for any loss sustained as provided for in this
17subsection. Any real property acquired in a redevelopment or in an urban renewal
18area
pursuant to under this subsection may be disposed of
in accordance with the
19provisions of under this section
providing if the local governing body has approved
20the acquisition of the property for the project.
AB710,342,521
(c) 1r. Condemnation proceedings for the acquisition of blighted property shall
22be conducted under ch. 32 or under any other law relating specifically to eminent
23domain procedures of authorities. The authority may hold, clear, construct, manage,
24improve or dispose of the blighted property, for the purpose of eliminating its status
25as blighted property. Notwithstanding sub. (9), the authority may dispose of the
1blighted property in any manner. The authority may assist private acquisition,
2improvement and development of blighted property for the purpose of eliminating
3its status as blighted property, and for that purpose the authority
shall have has all
4of the duties, rights, powers and privileges given to the authority under this section,
5as if it had acquired the blighted property.
AB710,343,106
2.
Prior to Before acquiring blighted property under subd. 1. or 1g., the
7authority shall hold a public hearing to determine if the property is blighted
8property. Notice of
such the hearing, describing the time, date, place and purpose
9of the hearing and generally identifying the property involved
, shall be given to each
10owner of the property, at least 20 days
prior to
before the date set for the hearing, by
11certified mail with return receipt requested. If the notice cannot be delivered by
12certified mail with return receipt requested, or if the notice is returned undelivered,
13notice may be given by posting the notice at least 10 days
prior to before the date of
14hearing on any structure located on the property which is the subject of the notice.
15If the property which is the subject of the notice consists of vacant land, a notice may
16be posted in some suitable and conspicuous place on that property. For the purpose
17of ascertaining the name of the owner or owners of record of property which is subject
18to a public hearing under this subdivision, the records of the register of deeds of the
19county in which
such the property is located, as of the date of the notice required
20under this subdivision,
shall be deemed are conclusive. An affidavit of mailing or
21posting the notice which is filed as a part of the records of the authority
shall be
22deemed is prima facie evidence of that notice. In the hearing under this subdivision,
23all interested parties may express their views
respecting on the authority's proposed
24determination, but the hearing is only for informational purposes. Any technical
25omission or error in the procedure
specified under this subdivision does not
1invalidate the designation or subsequent acquisition. If any owner of property
2subject to the authority's determination that the property is blighted property objects
3to that determination or to the authority's acquisition of that property, that owner
4shall file a written statement of
his or her and reasons for the objections
and the
5reasons for those objections with the authority
prior to before, at the time of, or
6within 15 days after the public hearing under this subdivision.
Such The statement
7shall contain the mailing address of the person filing the statement and be signed
8by or on behalf of that person. The filing of that statement
shall be is a condition
9precedent to the commencement of an action to contest the authority's actions under
10this paragraph.
AB710, s. 446
13Section
446. 66.431 (6) to (17) of the statutes are renumbered 66.1333 (6) to
14(17), and 66.1333 (6) (a) to (e), (9) (a) 1. a. and c. and (b) to (f) and (10) to (17), as
15renumbered, are amended to read:
AB710,344,316
66.1333
(6) (a) The authority may make
or cause to be made and prepare
or
17cause to be prepared a comprehensive plan of redevelopment and urban renewal
18which shall be consistent with the general plan of the city, including the appropriate
19maps, tables, charts and descriptive and analytical matter.
Such The plan is
20intended to serve as a general framework or guide of development within which the
21various area and redevelopment and urban renewal projects may be more precisely
22planned and calculated. The comprehensive plan shall include at least a land use
23plan which designates the proposed general distribution and general locations and
24extents of the uses of the land for housing, business, industry, recreation, education,
25public buildings, public reservations and other general categories of public and
1private uses of the land. The authority
is authorized to may make
or have made all
2other surveys and plans necessary under this section, and
to adopt or approve,
3modify and amend
such the plans.
AB710,344,64
(b) For the exercise of the powers granted and for the acquisition and
5disposition of real property in a project area, the following steps and plans
shall be 6requisite are required:
AB710,344,237
1. Designation by the authority of the boundaries of the proposed project area,
8submission of
such the boundaries to the local legislative body, and adoption of a
9resolution by two-thirds of
such the local legislative body declaring
such the area to
10be a blighted area in need of a blight elimination, slum clearance and urban renewal
11project.
Thereafter After these acts, the local legislative body may, by resolution by
12two-thirds vote, prohibit for an initial period of not to exceed 6 months from
13enactment of
such the resolution any new construction in
such the area except upon
14resolution by the local legislative body that
such
the proposed new construction, on
15such reasonable conditions
as may be fixed therein stated in the resolution, will not
16substantially prejudice the preparation or processing of a plan for the area and is
17necessary to avoid substantial damage to the applicant.
Such The order of
18prohibition
shall be is subject to successive renewals for like periods by like
19resolutions
;, but no new construction contrary to any
such resolution of prohibition
20shall may be authorized by any agency, board or commission of the city in
such the 21area except as
herein provided
in this subdivision. No
such prohibition of new
22construction
shall may be construed to forbid ordinary repair or maintenance, or
23improvement necessary to continue occupancy under any regulatory order.
AB710,345,1524
2. Approval by the authority and by two-thirds of the local legislative body of
25the redevelopment plan of the project area which has been prepared by the authority.
1Such The redevelopment plan shall conform to the general plan of the city and shall
2be sufficiently complete to indicate its relationship to definite local objectives as to
3appropriate land uses, improved traffic, public transportation, public utilities,
4recreational and community facilities, and other public improvements in the project
5area
, and. The redevelopment plan shall include
, without being limited to, a
6statement of the boundaries of the project area; a map showing existing uses and
7conditions of real property
therein; a land use plan showing proposed uses of the
8area; information showing the standards of population density, land coverage and
9building intensity in the area after redevelopment; present and potential equalized
10value for property tax purposes; a statement of proposed changes
, if any, in zoning
11ordinances or maps and building codes and ordinances; a statement as to the kind
12and number of site improvements and additional public utilities which will be
13required to support the new land uses in the area after redevelopment; and a
14statement of a feasible method proposed for the relocation of families to be displaced
15from the project area.
AB710,347,316
3. Approval of a redevelopment plan of a project area by the authority
, which 17may be given only after a public hearing conducted by the authority and a finding
18by the authority that
such the plan is feasible and in conformity with the general plan
19of the city. Notice of
such the hearing, describing the time, date, place and purpose
20of the hearing and generally identifying the project area, shall be published as a class
212 notice, under ch. 985, the last insertion to be at least 10 days
prior to before the date
22set for the hearing.
In addition thereto, at At least 20 days
prior to before the date
23set for the hearing on the proposed redevelopment plan of the project area a notice
24shall be transmitted by certified mail, with return receipt requested, to each owner
25of real property of record within the boundaries of the redevelopment plan. If
1transmission of
such the notice by certified mail with return receipt requested cannot
2be accomplished, or if the letter is returned undelivered, then notice may be given
3by posting the
same notice at least 10 days
prior to before the date of hearing on any
4structure located on the property
; or
, if
such the property consists of vacant land, a
5notice may be posted in some suitable and conspicuous place on
such the land.
Such 6The notice shall state the time and place at which the hearing will be held with
7respect to the redevelopment plan and that the owner's property might be taken for
8urban renewal. For the purpose of ascertaining the name of the owner of record of
9the real property within
such the project boundaries, the records, at the time of the
10approval by the redevelopment authority of the project boundaries, of the register of
11deeds of the county in which
such the property is located
shall be deemed are 12conclusive. Failure to receive
such the notice
shall does not invalidate the plan. An
13affidavit of mailing
or posting of
such the notice
or posting thereof filed as a part of
14the records of the authority
shall be deemed is prima facie evidence of the giving of
15such notice. All interested parties shall be afforded a full opportunity to express their
16views
respecting on the proposed plan at
such the public hearing, but the hearing
17shall only be for the purpose of assisting the authority in making its determination
18and in submitting its report to the local legislative body. Any technical omission in
19the procedure outlined
herein shall in this subdivision does not
be deemed to 20invalidate the plan. Any owner of property included within the boundaries of the
21redevelopment plan
and objecting who objects to
such the plan shall
be required to 22state the owner's objections and the reasons
therefor
for objecting, in writing, and
23file the s
ame document with the authority
either prior to before the public hearing,
24at the time of the public hearing, or within 15 days
thereafter, but not subsequently
25thereto after the hearing. The owner shall state his or her mailing address and sign
1his or her name
thereto. The filing of
such objections in writing
shall be is a condition
2precedent to the commencement of an action to contest the right of the
3redevelopment authority to condemn the property under s. 32.06 (5).
AB710,347,84
(c) In relation to the location and extent of public works and utilities, public
5buildings and public uses in a comprehensive plan or a project area plan, the
6authority
is directed to shall confer with the planning commission and with such
7other public officials, boards, authorities and agencies of the city under whose
8administrative jurisdictions
such these uses
respectively fall.
AB710,347,169
(d)
At any time after such After the redevelopment plan has been approved both
10by the authority and the local legislative body, it may be amended by resolution
11adopted by the authority, and
such the amendment shall be submitted to the local
12legislative body for its approval by a two-thirds vote before
the same shall become 13it becomes effective. It
shall
is not
be required in connection with any amendment
14to the redevelopment plan, unless the boundaries described in the plan are altered
15to include other property
, that the provisions
in this subsection with respect to public
16hearing and notice be followed.
AB710,348,417
(e) After a project area redevelopment plan of a project area has been adopted
18by the authority, and the local legislative body has by a two-thirds vote approved the
19redevelopment plan the authority may
at any time certify
said the plan to the local
20legislative body
, whereupon. After certification, the authority shall
proceed to 21exercise the powers granted to it for the acquisition and assembly of the real property
22of the area. The local legislative body shall upon the certification of
such the plan
23by the authority direct that no new construction
shall be permitted
, and thereafter.
24After this direction, no new construction
shall
may be authorized by any agencies,
25boards or commissions of the city in
such the area unless
as authorized by the local
1legislative body, including substantial remodeling or conversion or rebuilding,
2enlargement, or extension or major structural improvements on existing buildings,
3but not including ordinary maintenance or remodeling or changes necessary to
4continue the occupancy.
AB710,348,15
5(9) (a) 1. a. Upon the acquisition of any
or all of the real property in the project
6area, the authority
has power to may lease, sell or otherwise transfer to a
7redevelopment company, association, corporation or public body, or to an individual,
8limited liability company or partnership, all or any part of the real property,
9including streets or parts
thereof of streets to be closed or vacated in accordance with
10the plan, for use in accordance with the redevelopment plan. No assembled lands of
11the project area
shall may be either sold or leased by the authority to a housing
12authority created under s.
66.40 66.1201 for the purpose of constructing public
13housing projects upon
such the land unless the sale or lease of the lands has been first
14approved by the local legislative body by a vote of not less than four-fifths of the
15members elected.
AB710,348,1916
c. A copy of the redevelopment plan shall be recorded in the office of the register
17of deeds in the county where the redevelopment project is located. Any amendment
18to the redevelopment plan, approved
as herein provided for under sub. (6), shall
also 19be recorded in the office of the register of deeds of the county.
AB710,348,2320
(b)
Any such A lease or sale may be made without public bidding, but only after
21public hearing is held by the authority after
a notice
to be is published as a class 2
22notice, under ch. 985
, and the. The hearing shall be predicated upon the proposed
23sale or lease and the provisions
thereof of the sale or lease.