66.46(4m)(a)(a) Any city that seeks to create a tax incremental district or amend a project plan shall convene a joint review board to review the proposal. The board shall consist of one representative chosen by the school district that has power to levy taxes on the property within the tax incremental district, one representative chosen by the technical college district that has power to levy taxes on the property within the tax incremental district, one representative chosen by the county that has power to levy taxes on the property within the tax incremental district, one representative chosen by the city and one public member. If more than one school district, more than one technical college district or more than one county has the power to levy taxes on the property within the tax incremental district, the unit in which is located property of the tax incremental district that has the greatest value shall choose that representative to the board. The public member and the board's chairperson shall be selected by a majority of the other board members before the public hearing under
sub. (4) (a) or
(h) 1. is held. All board members shall be appointed and the first board meeting held within 14 days after the notice is published under
sub. (4) (a) or
(h) 1. Additional meetings of the board shall be held upon the call of any member. The city that seeks to create the tax incremental district or to amend its project plan shall provide administrative support for the board. By majority vote, the board may disband following approval or rejection of the proposal.
66.46(4m)(b)1.1. The board shall review the public record, planning documents and the resolution passed by the local legislative body or planning commission under
sub. (4) (gm) or
(h) 1. As part of its deliberations the board may hold additional hearings on the proposal.
66.46(4m)(b)2.
2. No tax incremental district may be created and no project plan may be amended unless the board approves the resolution adopted under
sub. (4) (gm) or
(h) 1. by a majority vote not less than 10 days nor more than 30 days after receiving the resolution.
66.46(4m)(b)3.
3. The board shall submit its decision to the city no later than 7 days after the board acts on and reviews the items in
subd. 2.
66.46(4m)(c)1.1. The board shall base its decision to approve or deny a proposal on the following criteria:
66.46(4m)(c)1.a.
a. Whether the development expected in the tax incremental district would occur without the use of tax incremental financing.
66.46(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.
66.46(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.
66.46(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.
66.46(5)
(5) Determination of tax increment and tax incremental base. 66.46(5)(a)(a) Upon the creation of a tax incremental district or upon adoption of any amendment subject to
par. (c), its tax incremental base shall be determined as soon as reasonably possible.
66.46(5)(b)
(b) Upon application in writing by the city clerk, in such form as the department of revenue may prescribe, the department shall determine according to its best judgment from all sources available to it the full aggregate value of the taxable property and, except as provided in
par. (bm), of the city-owned property in the tax incremental district. The department shall certify this aggregate valuation to the city clerk, and the aggregate valuation shall constitute the tax incremental base of the tax incremental district. The city clerk shall complete these forms and submit the application on or before December 31 of the year the tax incremental district is created, as defined in
sub. (4) (gm) 2.
66.46(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.
66.46(5)(bm)
(bm) The value of real property owned by a city and used for police and fire buildings, administrative buildings, libraries, community and recreational buildings, parks, streets and improvements within any street right-of-way, parking facilities and utilities shall not be included in the tax incremental base established under
par. (b).
66.46(5)(c)
(c) If the city adopts an amendment to the original project plan for any district 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, 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. 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).
66.46(5)(ce)
(ce) If the city adopts an amendment, to which
sub. (4) (h) 2. applies, the tax incremental base for the district shall be redetermined, 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. 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).
66.46(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.
66.46(5)(d)
(d) The department of revenue shall 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) shall not be subject to review by the department of revenue under this paragraph.
66.46(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 thereof, within the one year immediately preceding the date of the creation of such district was so acquired or leased in contemplation of the creation of such district. Such presumption may be rebutted by the city with proof that such property was so leased or acquired primarily for a purpose other than to reduce the tax incremental base. If such presumption is not rebutted, in determining the tax incremental base of such district, but for no other purpose, the taxable status of such property shall be determined as though such lease or acquisition had not occurred.
66.46(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 thereon the name of each district. A similar notation shall also appear on the tax roll made by the city clerk under
s. 70.65.
66.46(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 such property and the equalized value of the tax increment base. Such 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.
66.46(6)
(6) Allocation of positive tax increments. 66.46(6)(a)(a) If the joint review board approves the creation of the tax incremental district under
sub. (4m), positive tax increments with respect to a tax incremental district are allocated to the city which created the district for each year commencing after the date when a project plan is adopted under
sub. (4) (g). The department of revenue shall 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) have 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) shall not be subject to review by the department of revenue under this paragraph. Thereafter, the department of revenue shall annually authorize allocation of the tax increment to the city that created such a district until the department of revenue receives a notice under
sub. (8) and the notice has taken effect under
sub. (8) (b), 27 years after the tax incremental district is created if the district is created before October 1, 1995, or 23 years after the tax incremental district is created if the district is created after September 30, 1995, whichever is sooner.
66.46(6)(am)1.1. For a tax incremental district that is created after September 30, 1995, no expenditure may be made later than 7 years after the tax incremental district is created, and for a tax incremental district that is created before October 1, 1995, no expenditure may be made later than 10 years after the tax incremental district is created.
66.46(6)(am)2.
2. The limitations on the period during which expenditures may be made under
subd. 1. do not apply to: