33.26(3)
(3) The committee shall report to the county board within 3 months after the date of the hearing. Within 6 months after the date of the hearing, the board shall issue its order under this subsection. If the board finds, after consideration of the committee's report and any other evidence submitted to the board, that the petition is signed by the requisite owners as provided in
s. 33.25, that the proposed district is necessary, that the public health, comfort, convenience, necessity or public welfare will be promoted by the establishment of the district, that the property to be included in the district will be benefited by the establishment thereof, and that formation of the proposed district will not cause or contribute to long-range environmental pollution as defined in
s. 299.01 (4), the board, by order, shall declare its findings, shall establish the boundaries and shall declare the district organized and give it a corporate name by which it shall be known. Thereupon the district shall be a body corporate with the powers of a municipal corporation for the purposes of carrying out this chapter. If the board does not so find, the board, by order, shall declare its findings and deny the petition.
33.26(5)
(5) The department shall be notified in writing of the hearing for the creation of the district at the time the hearing date is set.
33.26(6)
(6) In establishing the district, the county board may change the boundaries from those originally proposed. However, lands not originally proposed for inclusion may not be included until a public hearing is held under this section.
33.26(7)
(7) Any person aggrieved by the action of the board may petition the circuit court for judicial review. A verified petition shall be presented to the court not more than 30 days after the decision of the board, and shall specify the grounds upon which the appeal is based.
33.265
33.265
Notice, filing and recording requirements. If a district is created or its boundaries altered, the board of commissioners shall record the authorizing document, including a legal description of the boundary, with the register of deeds in each county where the district is situated, and file the document and legal description with the department of natural resources and the department of revenue.
33.265 History
History: 1981 c. 20;
1993 a. 301.
33.27
33.27
Initial district board of commissioners. 33.27(1)
(1) The county board shall, at the time of making the order establishing a district, appoint 3 owners of property within the district, at least one of whom is a resident of the district, to serve as commissioners until the first annual meeting of the district, and shall also make the appointment required under
s. 33.28 (2).
33.27(1m)
(1m) If no resident is willing to serve as required under
sub. (1), the residency requirement shall be waived for the initial district board of commissioners.
33.27(2)
(2) Within 30 days following the county board's order establishing the district, the governing body of the town, city or village having the largest portion by valuation within the district shall appoint one of its members to the district board under
s. 33.28 (2).
33.27(3)
(3) At any time following the making of the order establishing a district, but no later than 60 days following the expiration of time for appeal to the circuit court, or, if appealed, no later than 60 days following the final judgment in any appeal, the district board shall hold an organizational meeting, shall select officers to serve until the first annual meeting, and may commence conducting the affairs of the district.
33.27(4)
(4) The board may make an initial assessment of all taxable property within the district to raise funds to pay organizational costs and operate the district until the receipt of the tax voted by the first annual meeting. The manner of making the assessment shall be within the discretion of the board.
33.28
33.28
District board of commissioners. 33.28(1)
(1) Management of the affairs of the district shall be delegated to a board of commissioners.
33.28(2)
(2) The board of commissioners shall consist of:
33.28(2)(a)
(a) One person appointed by the county board who is a member of the county land conservation committee or is nominated by the county land conservation committee and appointed by the county board;
33.28(2)(b)
(b) One member of the governing body of the town, village or city within which the largest portion by valuation of the district lies, appointed by the governing body and owning property within the district if possible; and
33.28(2)(c)
(c) Three electors or owners of property within the district elected by secret ballot by the qualified electors and property owners within the district, for staggered 3-year terms. At least one of the elected commissioners shall be a resident of the district.
33.28(2m)(a)(a) An annual meeting may permanently increase the number of members of the board of commissioners to be elected under
sub. (2) (c) from 3 to 5.
33.28(2m)(b)
(b) If no resident is willing to be elected as required under
sub. (2) (c) for a given term, the residency requirement shall be waived until the end of that term.
33.28(3)
(3) Three commissioners shall constitute a quorum for the transaction of business.
33.28(4)
(4) The board shall select a chairperson, secretary and treasurer from among its members.
33.28(5)
(5) Commissioners shall be paid actual and necessary expenses incurred while conducting business of the district, plus such compensation as may be established by the annual meeting.
33.28(6)
(6) The board shall meet at least quarterly, and at other times on the call of the chairperson or the petition of 3 of the members.
33.28(7)
(7) If a vacancy occurs in the membership of the board under
sub. (2) (a) or
(b), the appointing authority shall appoint a person to fill the vacancy. If a vacancy occurs in the membership of the board under
sub. (2) (c), the chairperson of the board shall appoint a person to fill the remainder of the unexpired term, subject to approval by a majority vote of the board.
33.285
33.285
Property owning requirements. Any requirement under
s. 33.27 (1) or
33.28 that a person own property within the district to be eligible for membership on the board of commissioners is satisfied if a person is an official representative, officer or employe of any trust, foundation, corporation, association or organization which is an owner of property within the district.
33.285 History
History: 1975 c. 197;
1979 c. 299.
33.29
33.29
Board of commissioners; officers; powers and duties. 33.29(1)(1) The board shall be responsible for:
33.29(1)(a)
(a) Initiating and coordinating research and surveys for the purpose of gathering data on the lake, related shorelands and the drainage basin;
33.29(1)(b)
(b) Planning lake protection and rehabilitation projects;
33.29(1)(c)
(c) Contacting and attempting to secure the cooperation of officials of units of general purpose government in the area for the purpose of enacting ordinances deemed necessary by the board as furthering the objectives of the district;
33.29(1)(d)
(d) Adopting and carrying out lake protection and rehabilitation plans and obtaining any necessary permits therefor; and
33.29(1)(e)
(e) Maintaining liaison with those officials of state government involved in lake protection and rehabilitation, and providing the department with the names and addresses of the current commissioners.
33.29(2)
(2) The board shall have control over the fiscal matters of the district, subject to the powers and directives of the annual or a special meeting. The board shall annually at the close of the fiscal year cause an audit to be made of the financial transactions of the district, which shall be submitted to the annual meeting.
33.29(3)
(3) The board, immediately after each annual meeting, shall elect a chairperson, secretary and treasurer, whose duties shall be as follows:
33.29(3)(a)
(a) The chairperson shall preside at the annual meeting, at all special meetings and meetings of the board and at all public hearings held by the board.
33.29(3)(b)
(b) The secretary shall keep minutes of all meetings of the board and hearings held by it, and shall annually notify the department of the continued existence of the district.
33.29(3)(c)
(c) The treasurer shall receive and take charge of all moneys of the district, and pay out the same only on order of the board.
33.29 History
History: 1973 c. 301;
1989 a. 159,
359.
33.30
33.30
Annual meeting of district. 33.30(1)
(1) Every district shall have an annual meeting. Each annual meeting shall be scheduled during the time period between May 22 and September 8 unless scheduled outside those dates by majority vote of the previous annual meeting.
33.30(2)
(2) The annual meeting shall be preceded by written notice mailed at least 10 days in advance of the meeting to all electors within the district and owners of property within the district, whose address is known or can be ascertained with reasonable diligence, and to the department. The district board of commissioners may substitute a class 2 notice, under
ch. 985, in lieu of sending written notice to electors residing within the district.
33.30(3)
(3) At the annual meeting, electors and property owners shall do all of the following:
33.30(3)(a)
(a) Elect by secret ballot one or more commissioners to fill vacancies occurring in the elected membership of the district board.
33.30(3)(b)
(b) Approve a budget for the coming year. The budget shall separately identify the capital costs and the costs of operation of the district, shall conform with the applicable requirements under
s. 65.90 and shall specify any item that has a cost to the district in excess of $10,000.
33.30(4)
(4) At the annual meeting, electors and property owners may do any of the following:
33.30(4)(a)
(a) Vote by majority a tax upon all taxable property within the district. That portion of the tax that is for the costs of operation for the coming year may not exceed a rate of 2.5 mills of equalized valuation as determined by the department of revenue and reported to the district board. The tax shall be apportioned among the municipalities having property within the district on the basis of equalized full value, and a report shall be delivered by the treasurer, by November 1, by certified statement to the clerk of each municipality having property within the district for collection.
33.30(4)(b)
(b) Take up and consider such other business as comes before it.
33.30(4)(c)
(c) Establish compensation to be paid the district board commissioners.
33.30(4)(d)
(d) Create a nonlapsible fund to finance specifically identified capital costs.
33.305
33.305
Special meetings of district. 33.305(1)
(1) The board of commissioners of a district may schedule a special meeting of the district at any time. The board of commissioners shall schedule a special meeting upon receipt of a petition signed by at least 10% of the electors and property owners in the district.
33.305(2)
(2) Written notice of a special meeting shall be given to the same persons and in the same manner required under
s. 33.30 (2).
33.305(3)
(3) At a special meeting, electors and property owners may take any action that is required or allowed to be taken at an annual meeting, except they may not do any of the following:
33.305(3)(a)
(a) Approve an annual budget but they may consider and vote on amendments to the annual budget.
33.305(3)(c)
(c) Consider the dissolution of the district or dissolve the district.
33.305(3)(d)
(d) Consider a matter that was resolved during another special meeting that was held since the previous annual meeting.
33.305 History
History: 1989 a. 159;
1995 a. 349.
33.31
33.31
Power to finance. 33.31(1)(1) Every district may borrow money and use any other financing method prescribed by law. In utilizing financing powers, the commission shall follow the procedures required by statute for the selected financing methods so far as they are applicable and not in conflict with this subchapter.
33.31(2)
(2) Any district, when in temporary need, may borrow money under
s. 67.12.
33.31(3)
(3) The district shall levy an annual, irrepealable tax to pay the principal and interest of the indebtedness incurred under
subs. (1) and
(2) when they are due. The district shall levy this tax without limitation as to rate or amount on all taxable property within the district. The tax shall be reported in accordance with
s. 33.30 (4) (a) and may not be included nor includable in the operations tax limit of
s. 33.30 (4) (a).
33.31(4)
(4) At an annual or special meeting, the district may not consider or approve any borrowing or any tax to pay the indebtedness incurred under
sub. (1) or
(2) unless the meeting notice under
s. 33.30 (2) or
33.305 (2) includes a statement that borrowing or a tax levy to pay the indebtedness will be considered at the meeting.
33.32
33.32
Special assessments and special charges. 33.32(1)(1) Special assessments for the purpose of carrying out district protection and rehabilitation projects, or for other lake management or sanitary service activities undertaken by the district, may be levied by the commissioners as an exercise of the district's police powers in the following manner:
33.32(1)(a)
(a) Upon approval of plans for any work by the annual or by a special meeting of the district, the commissioners shall determine the entire cost to the district of the work to be done.
33.32(1)(b)
(b) The commissioners shall then apportion the special assessment within the district, other than state or federal lands, on a reasonable basis. In apportioning the special assessment, the commissioners shall examine each parcel and determine the benefits to each parcel from the project, considering such factors as size, proximity to the lake and present and potential use of the parcel, including applicable zoning regulations. After benefits to each parcel are determined, assessments shall be made in an aggregate amount equal to the cost to the district of the project. Such assessments shall be made in accordance with
s. 66.60, so far as it is applicable and not in conflict with this subchapter.
33.32(1)(c)
(c) The commissioners shall file in the office of the county clerk a report of the assessments made. Notice shall be given to each owner, mortgagee, lessee or other person having an interest in an affected parcel that the report is open for review at a specified place within the district for 30 days after the date of the notice and that on a day named therein, which shall not be more than 3 days after the expiration of the 30 days, the commissioners will hear objections that may be made to the report. Notice shall be by mail to each person whose post-office address is known or can be ascertained with reasonable diligence, accompanied by a statement of the assessment, and shall also be published as a class 2 notice, under
ch. 985, in a newspaper having general circulation within the district.
33.32(1)(d)
(d) At the time specified for hearing objections to the report, the commissioners shall hear parties interested who may appear for that purpose and may review, modify and correct the report as they deem just and at the conclusion of the hearing shall make a final determination of assessments. No assessment may be increased without additional notice to affected persons and provisions for hearing objections to such increases.
33.32(1)(e)
(e) When a final determination of assessments has been made, the secretary shall publish a class 1 notice, under
ch. 985, within the district that a final determination has been made, and shall notify by mail each person entitled to notice under
par. (c) of the amount assessed against the affected parcel.
33.32(1)(f)
(f) An owner, mortgagee, lessee or other person having an interest in any parcel affected by the determination who feels aggrieved thereby may, within 40 days after the date of mailing of notice, appeal therefrom to the circuit court of the county in which the district is located by causing a written notice of appeal to be served upon the secretary of the district. The secretary in case such appeal is taken shall make a brief statement of the proceedings had in the matter and shall transmit the same with all papers in the matter to the clerk of the circuit court. Such appeal shall be tried and determined in the same manner as cases originally commenced in said court.
33.32(2)
(2) The commissioners of any district may provide that special assessments levied may be paid in annual instalments, not more than 10 in number, in the manner provided in
s. 66.54 (7).
33.32(2m)
(2m) Any delinquent special assessment or special charge that is collected under
s. 66.60 (15) or
(16) (b) shall be levied without limitation as to rate or amount on all taxable property within the district, shall be reported in accordance with
s. 33.30 (4) (a) and shall not be included or includable in the operations tax limit of
s. 33.30 (4) (a).
33.32(3)(a)(a) County and municipally owned real estate within a district shall be subject to special assessments.
33.32(3)(b)
(b) If a county or municipality fails to pay a special assessment levied by a district, the clerk of the district may certify this fact to the department of administration, and shall state the amount due. The department, at the time of making the next scheduled distribution under
s. 79.03, shall deduct the amount claimed from the payment due the county or municipality, and shall forward it to the district.
33.32(4)
(4) Outstanding unpaid assessments on privately owned lands shall be paid in full by any public body, including the state, which purchases such lands.
33.32(5)
(5) Sewerage system service charges imposed by districts with town sanitary district powers shall be in conformance with
s. 66.076. Special charges for other services identified in the annual budget adopted under
s. 33.30 (3) (b) shall also be collected directly by the commissioners. The commissioners shall allocate the charges to the property served in a manner prescribed by them unless the manner is specified by a resolution of the annual or of a special meeting. Delinquent special charges shall be governed by
s. 66.60 (16) (b).
33.33
33.33
Merger, attachment, detachment. 33.33(1)
(1)
Merger. Any district may be merged with a contiguous district by resolution passed by a four-fifths vote of all the members of each board of commissioners. At the next annual or special meeting, whichever occurs first, the electors and property owners shall vote on whether to ratify the merger. If a majority of the electors and property owners present and voting in each district endorse the merger, it takes effect. Following ratification, the boards of commissioners of merging districts shall act jointly until the next annual or special meeting whichever occurs first, at which time the board of the merged district shall be conformed to the requirements specified in
s. 33.28. The governing body of the county, town, village or city having the largest portion by valuation within the district shall make the appointments under
s. 33.28 (2). The bylaws of the larger of the merging districts apply to the newly created district.
33.33(2)
(2) Attachment. Contiguous territory may be attached to a district upon petition by the owner or motion of the commissioners.
