AB971,60,2
16(1) Initial resolution. The governing bodies of one-half or more of the
17municipalities proposed to be included in the district shall first pass resolutions,
18declaring that public interest or necessity demands the creation and maintenance
19of a municipal power district to be known as "the
.... (giving the name) municipal
20power district".
Such The resolutions shall name the municipalities to be included
21in the proposed district. Certified copies of
such
the resolutions shall
next be
22presented to the county clerk
of the county containing the largest number of voters
1within the proposed district, requesting
said the county clerk to call an election
2without delay for determining whether
such the district shall be created.
AB971,60,10
3(2) Petition in lieu of resolution. In lieu of the resolutions provided for by
4sub. (1), a petition may be presented to the county clerk
of said county signed by at
5least
ten per cent 10% of the voters in
said the proposed district.
Such The petition
6shall declare that, in the opinion of the petitioners, public interest or necessity
7demands the creation and maintenance of a municipal power district. The petition
8may be on separate sheets of paper, but each sheet shall contain the affidavit of the
9person who circulated the
same sheet, certifying that each name signed
thereto on
10that sheet is the true signature of the person whose name it purports to be.
Note: Clarifies title, replaces word form of number with digits, inserts specific
references and replaces other language.
AB971, s. 109
11Section
109. 198.04 of the statutes is amended to read:
AB971,60,19
12198.04 (title)
Second Procedure for organizing district; 2nd step. (1) 13Notice to commission. Upon receipt of the certified copies of
the resolutions
adopted
14under s. 198.03 (1) or the petition
mentioned
in presented under s. 198.03
,such (2),
15the county clerk shall
forthwith immediately notify the
public service commission in
16writing that the municipalities filing
said the resolutions or those named in
said the 17petition as constituting the proposed power district had petitioned the county clerk
18to call an election without delay for determining whether
such the district should be
19created.
AB971,61,3
20(2) Report of commission. Within
ninety 90 days after receipt of
said the notice
21of the county clerk
under sub. (1), the
public service commission shall file
in writing 22with
said the county clerk its
written recommendations as to the feasibility or
23nonfeasibility of the proposed district with reasons
therefor for the commission's
1recommendations. Certified copies of
such
the commission's recommendations shall
2at the same time be filed by the commission with the clerk of each municipality
3included within
said the proposed district.
AB971,61,7
4(3) Election called. Upon receipt of
such the commission's recommendations
5of the commission, or upon expiration of the
ninety day 90-day period referred to in
6sub. (2),
said the county clerk shall call without delay an election within the proposed
7district for the purpose of determining whether the proposed district shall be created.
Note: Section 198.01 (3) defines "commission" to mean the public service
commission. Clarifies title, replaces word form of number with digits, inserts specific
references and cross-references and replaces other language.
AB971, s. 110
8Section
110. 198.05 of the statutes is amended to read:
AB971,61,15
9198.05 Subdistricts, boundaries. Every petition or resolution provided for
10in s. 198.03 shall divide the proposed district into
five 5 subdistricts, giving each a
11number, except as provided in s. 198.07 (3). In the event that the boundaries of the
12district as originally proposed are changed at the election, provided for by s. 198.06,
13and approved by the commission pursuant to s. 198.06 (5), the commission shall
14make
such adjustments in the boundaries of the subdistricts
as may be that are 15necessary to comply with s. 198.07.
Note: Replaces word form of number with digits.
AB971, s. 111
16Section
111. 198.06 (5) of the statutes is renumbered 198.06 (5) (a) and
17amended to read:
AB971,61,2218
198.06
(5) (a) The board of canvassers shall cause a certified copy of the order
19declaring the result of the election to be filed in the office of the secretary of state.
20A certified copy of the order shall also be filed with the clerk of each municipality
21included in the district, with the county clerk, and with the
public service 22commission.
In case
AB971,62,13
1(b) If the district as finally constituted comprises a smaller area than originally
2proposed
, because of the failure of one or more municipalities to approve the district
3at the election,
then, within 10 days following the filing under par. (a) with the
4commission, the commission shall
, within 10 days following the filing of the order
5under par. (a) with the commission, file its approval or disapproval of the district as
6created by the election with the secretary of state, the clerk of each municipality
7included in the district and the county clerk.
In such case, from and after If the
8commission approves, upon the filing
by the commission of the approval the creation
9and incorporation of the district shall be
deemed
considered complete
, or. If the
10commission disapproves, the district shall be
deemed considered dissolved
, as the.
11Except as provided in par. (c), the approval or disapproval of the commission shall
12determine, and in the case of municipal water districts created under s. 198.22, be
13final.
AB971,62,18
14(c) In the case of municipal water districts created under s. 198.22, the approval
15or disapproval of the commission shall be final unless objection
thereto to the
16commission's decision is made to the
public service commission by one or more of the
17governing bodies of the municipalities which would otherwise be included in the
18district.
AB971,62,22
19(d) If a district has been approved by all
of the municipalities within the district
20as proposed, the creation and incorporation of the district shall be
deemed considered 21complete
from and after upon the filing of the result of the election with the secretary
22of state by the board of canvassers.
Note: Subdivides provision, breaks up long sentences, inserts specific references,
and replaces, reorders and simplifies language for greater readability and conformity
with current style.
AB971, s. 112
23Section
112. 198.06 (6) of the statutes is amended to read:
AB971,63,10
1198.06
(6) Expenses of election, payment. All amounts properly incurred and
2actually expended by any municipality
or the clerk thereof in publishing notices of
3any
primary or election, in employing persons to conduct the election or in
4performing other duties imposed upon the municipality or upon the clerk
thereof of
5the municipality by any provision of this chapter shall be paid as other similar
6expenses of the municipality are paid and shall be a charge in favor of the
7municipality against the district to be repaid, together with interest thereon at the
8rate of 6% per year, upon the presentation of proper vouchers
therefor for the charges 9by the clerk of the municipality to the district, when and as the district has funds
10available for that purpose.
Note: Inserts specific references and deletes unnecessary phrase. Deletes
"primary" as that term is not used elsewhere in ch. 198.
AB971, s. 113
11Section
113. 198.07 (1) of the statutes is amended to read:
AB971,63,1312
198.07
(1) The government of each district shall be vested in a board of
five 5 13directors.
Note: Replaces word form of number with digits.
AB971, s. 114
14Section
114. 198.07 (2) of the statutes is amended to read:
AB971,63,1815
198.07
(2) The boundaries of the subdistricts shall be drawn
in such a manner 16so that each shall contain approximately an equal number of voters, except that no
17municipality shall contain more than
two 2 subdistricts, nor shall any municipality
18be divided unless it shall comprise more than one subdistrict.
Note: Replaces word form of number with digits and replaces other language.
AB971, s. 115
19Section
115. 198.07 (3) of the statutes is renumbered 198.07 (3) (intro.) and
20amended to read:
AB971,64,3
1198.07
(3) (intro.) Where a district includes a municipality
containing voters
2in excess of fifty per cent that contains more than 50% of the voters in the entire
3district
there shall be appointed a, all of the following apply:
AB971,64,4
4(a) A director at large
shall be appointed.
AB971,64,6
5(b) The territory in
said the district
, other than that contained in
said the 6municipality
described in sub. (3) (intro.), shall be divided into
only 2 subdistricts.
Note: Subdivides provision, inserts specific references and cross-references,
replaces word form of number with digits and replaces, reorders and simplifies language
for greater readability and conformity with current style.
AB971, s. 116
7Section
116. 198.08 (2) of the statutes is amended to read:
AB971,64,138
198.08
(2) (title)
Appointment; meeting of municipal executive officers.
9Within
ten 10 days after the creation and incorporation of
such a municipal power 10district
shall have been is completed the chief executives in each subdistrict
11containing more than one municipality shall meet for the selection of a director for
12said the subdistrict. The time and place of
such the meeting shall be designated by
13said the county clerk.
Note: Clarifies title, replaces word form of number with digits and replaces other
language.
AB971, s. 117
14Section
117. 198.08 (3) of the statutes is amended to read:
AB971,64,2215
198.08
(3) (title)
Appointment, continued vote by municipal executive
16officers. In the selection of a director
for a subdistrict each chief executive shall have
17one vote for each
one thousand 1,000 voters within that chief executive's
18municipality, or
such the part
thereof as of the municipality that is located in
said 19the subdistrict. A three-fourths vote shall be necessary for the selection of a director.
20The result of
said the selection
of the director shall be certified to by the chairperson
21and clerk of
said the meeting and
forthwith immediately filed with the secretary of
22state and the clerk of each municipality in
said
the district.
Note: Clarifies title, replaces word form of number with digits and replaces other
language.
AB971, s. 118
1Section
118. 198.08 (5) of the statutes is amended to read:
AB971,65,62
198.08
(5) Appointment by executive. Where a municipality contains
two 2 3subdistricts or where a subdistrict includes only one municipality, the chief executive
4of
such the municipality shall select a director for each such subdistrict, and shall
5immediately file
forthwith a certified copy
thereof of the selection as provided by sub.
6(3).
Note: Replaces word form of number with digits and replaces other language.
AB971, s. 119
7Section
119. 198.08 (7) of the statutes is amended to read:
AB971,65,128
198.08
(7) Term, oath. The regular term of directors of the district after the first
9term shall be
for four 4 years. Each director shall hold office until the director's
10successor is selected and qualifies. Each director shall, before entering upon the
11discharge of the director's duties, take and subscribe to the constitutional oath of
12office.
Such Each director's oath shall be filed in the office of the clerk of the district.
Note: Replaces word form of number with digits and replaces other language.
AB971, s. 120
13Section
120. 198.08 (9) of the statutes is amended to read:
AB971,65,2114
198.08
(9) Classification. Directors selected from
odd numbered 15odd-numbered subdistricts shall for the first term serve for a period
which that shall
16end
two 2 years after the first Monday of May of the next
even numbered 17even-numbered year. Directors selected from
even numbered even-numbered 18subdistricts shall for the first term serve for a period which shall end
four 4 years
19after the first Monday of May of the next
even numbered even-numbered year. For
20the purposes of this section directors at large shall be considered to be from
odd
21numbered odd-numbered subdistricts.
Note: Replaces word form of number with digits and replaces other language.
AB971, s. 121
1Section
121. 198.09 of the statutes is amended to read:
AB971,66,10
2198.09 Vacancies, declared, filled.
The death of a director, the A director's
3death, resignation,
the director's disability inability to continue for any cause to act
4as director or
the director's change of residence from the subdistrict in which the
5director was selected shall vacate that director's office. The board shall by resolution
6declare the office vacant and a certified copy of
such
the resolution shall be filed
7forthwith immediately by the clerk of the district with the clerk of each municipality
8included within the district. A successor for the unexpired term shall
, within
twenty 920 days after
such the filing
of the resolution, be selected by the officer or officers who
10selected the director whose office has been declared vacant.
Note: Replaces word form of number with digits and replaces other language.
AB971, s. 122
11Section
122. 198.10 (1) of the statutes is amended to read:
AB971,66,1712
198.10
(1) Taxable property, taxes. All real property situated in and all
13personal property the situs of which for purposes of general property taxation is in
14the district shall be subject to taxation in and by the district for a direct annual tax
15sufficient to pay the interest on any indebtedness of
said the district, and
also to pay
16and discharge the principal
thereof of the indebtedness within
twenty 20 years from
17the time of contracting the
same indebtedness.
Note: Replaces word form of number with digits and replaces other language.
AB971, s. 123
18Section
123. 198.11 (1) of the statutes is amended to read:
AB971,67,819
198.11
(1) Each director of the district shall receive compensation from the
20district for the director's services as
such a director at the rate of
ten dollars $10 for
21each day
that the director
shall attend attends meetings of the board or of any
22committee of the board of which the director
shall be
is a member, when the meeting
23of
such the committee is authorized by vote or resolution of the board,
but such except
1that the compensation
paid to a director shall not exceed
the sum of one thousand
2dollars $1,000 in any one year. Each director shall also be entitled to be reimbursed
3for the actual and necessary traveling and hotel expenses incurred by the director
4whenever it shall be necessary for the director to travel outside of the municipality
5in which the director resides to attend meetings of the board or a committee of the
6board of which the director is a member or to render any other service or discharge
7any other duty to the district which may be required of the director by law or by vote
8or resolution of the board.
Note: Replaces word form of number with digits and replaces other language.
AB971, s. 124
9Section
124. 198.13 (3) (a) and (b) of the statutes are amended to read:
AB971,67,1310
198.13
(3) (a)
Where If within
two 2 years of its creation a district has not
11become the owner or operator, or commenced construction, of a public utility. Any
12time consumed in any proceeding or contest before any commission or court shall not
13be included as part of
said two year 2-year period.
AB971,67,1514
(b)
Where If a district has disposed of all
of its utility property and for one year
15thereafter
shall has not
have owned or operated a public utility.
Note: Replaces word form of number with digits and replaces other language.
AB971, s. 125
16Section
125. 198.13 (5) of the statutes is amended to read:
AB971,68,417
198.13
(5) In the event of dissolution
, a district shall first retire all outstanding
18obligations of the district insofar as the proceeds derived from
such the disposal
of
19its utility property will permit
, and all. All assets or proceeds remaining, if any, shall
20be distributed to municipalities within the boundaries of the district in proportion
21to the taxes levied and collected by them for the district during the existence of the
22district, up to an amount sufficient to repay all
such
of those taxes
; and any. Any
23proceeds remaining
proceeds after repayment of the taxes shall be distributed to
1such the municipalities
within the boundaries of the district in proportion to the
2shares of the gross operating revenues of the district for its last full
five 5 years of
3operation derived from payments for services furnished within the boundaries of
4each such municipality.
Note: Breaks up long sentence, inserts specific references, replaces word form of
number with digits and replaces other language.
AB971, s. 126
5Section
126. 198.14 (9) of the statutes is renumbered 198.14 (9) (intro.) and
6amended to read:
AB971,68,167
198.14
(9) Bond issues, debt limit. (intro.) To provide by ordinance for the
8issuance and sale of bonds of the district to finance the purchase, acquisition or
9construction of any utility or parts
thereof of the utility or additions, extensions or
10betterments
thereto, when and as the same to the utility, that may be authorized,
and 11to authorize and require the execution of
such the bonds by the chairperson of the
12board and the clerk of the district under the corporate seal of the district
, and to
13approve the form of
such the bonds and prescribe the duties of the clerk and treasurer
14of the district with respect to the sale
thereof
of the bonds and the application of the
15proceeds to the purposes for which the
same bonds were issued
; provided, that the.
16Bonds issued under this subsection shall be subject to all of the following:
AB971,68,20
17(a) The total amount of all indebtedness of the district shall not exceed
five per
18centum on 5% of the assessed value of the taxable property in the district, to be
19ascertained by the last preceding assessment for the state and county taxes
, and
20provided, that by the.
AB971,69,2
21(b) The ordinance authorizing
such
the indebtedness
there shall
be levied levy 22a direct, annual, district tax sufficient to pay the interest on
such the debt as it
falls
1becomes due
, and
also to pay the principal
thereof of the debt within
twenty 20 years
2from the time of contracting the
same debt.
AB971,69,7
3(c) All
of the bonds shall mature in annual instalments
, and the. The first
4instalment of principal shall
fall be due and
be payable not later than
two
2 years
5after the date of issue
; and the. The sum of the principal and interest due in any year
6after the first year shall not exceed the sum of the principal and interest due in any
7previous year by more than a denomination of a single bond issued.
AB971,69,10
8(d) All
such of the bonds shall contain a provision requiring redemption
thereof 9of the bond, in whole or in part, at the option of the district on any interest payment
10date after
three 3 years from the date of the bonds.
AB971,69,15
11(e) The authorization by the board of any
such bonds shall be approved by a
12majority vote of the electors of the district voting at a referendum election noticed,
13held, conducted
, and canvassed and the returns thereof made as nearly as may be
14in the manner provided for a referendum vote on the issuance of county bonds under
15ch. 67.
AB971,69,23
16(f) The income of a district from any source other than taxation may be applied
17for the payment of part or all of the instalments of interest on and principal of
such 18the bonds due in any year
, and any. Any surplus remaining
over may be redistributed
19at any time to municipalities within the boundaries of
such the district in proportion
20to, and in a total amount not more than, the taxes levied and collected by
them the
21municipalities for the district during the existence of the district, or
such the surplus
22may be held by the district for the payment of its expenses, including the payment
23of subsequent instalments of interest and principal as they
fall become due.
AB971,70,5
24(g) Any sums collected by taxation to be used for the payment of interest on and
25principal of
such the bonds, and not required in any year for that purpose, shall be
1held by the district to be used for that purpose in any succeeding year
;, and the tax
2provided for in this section shall be collected in
such the succeeding year only in an
3amount sufficient, together with any balance remaining over from the proceeds of
4taxation in previous years, to pay the instalments of interest on and principal of
such 5the bonds due in that year.
AB971,70,7
6(h) Except as otherwise provided by this chapter
such, the bonds shall be issued
7as nearly as may be in the manner provided by ch. 67 for county bonds.
Note: Subdivides provision, breaks up long sentence, inserts specific references,
replaces word form of numbers with digits and replaces other language.
AB971, s. 127
8Section
127. 198.145 (3) of the statutes is amended to read:
AB971,70,139
198.145
(3) The board shall appoint a general manager and may appoint and
10fix the duties of an attorney, a clerk, a treasurer and
such any other officers
as they
11deem that the board considers necessary
, which appointees. Each appointee shall
12hold office
during at the pleasure of the board
, and
which appointees shall give
such
13bonds and in such amounts as a bond in an amount that the board may require.
Note: Breaks up long sentence and replaces language for greater readability and
conformity with current style.
AB971, s. 128
14Section
128. 198.17 (1) of the statutes is renumbered 198.17 (1g) and amended
15to read:
AB971,71,416
198.17
(1g) (title)
Declaration of intention, notice, offer to sell acquire
17utility. Whenever the board of directors shall make and A district, by resolution or
18ordinance, adopted by the affirmative votes of two-thirds of
the its directors-elect,
19may declare the determination of the district to acquire any existing utility
or portion
20thereof, including any water power and hydroelectric power plant owned and
21operated therewith which
utility or portion thereof is operated in whole or in part in
22the district
. Upon adoption of the declaration, the clerk
of the district shall
forthwith
1serve
immediately on the commission and
on the owner
of such utility or on the agent
2or representative of the owner in possession or charge thereof, a true a copy
, duly of
3the declaration, certified by the clerk under the seal of the district
, of such resolution
4or ordinance. If, within thirty.
AB971,71,13
5(1m) (title)
Voluntary sale of utility. (a) Within 30 days after
the service of
6such resolution or ordinance the declaration upon the owner,
or the agent or
7representative of the owner
, such owner shall propose voluntarily may propose to sell
8and transfer such the utility to the district upon terms and conditions to be mutually
9agreed upon between
such the owner and the directors
of the district and approved
10by the commission
, and. The owner shall serve a copy of
such the proposal upon the
11district and
upon the commission
, the
. The commission shall fix a time and place for
12a public hearing and consideration of
such the proposal and notify the owner and the
13district
thereof of the hearing.
AB971,71,16
14(b) If terms and conditions of
purchase and the sale
shall be of the utility to the
15district are agreed upon by
and between the directors and the owner and approved
16by the commission,
all of the
following shall occur:
AB971,71,18
171. The commission shall announce its approval
thereof of the sale in writing
18and the board.
AB971,71,24
192. The directors shall by resolution authorize and direct the
written execution
20on the part of the district of
such each contract
in writing and
other instrument and
21take any and the taking of every other action
with reference thereto necessary
or
22appropriate to consummate
such purchase and the sale
and the transfer to the
23district of
possession of such acquired property and payment therefor the utility in
24accordance with the terms of
such the agreement
between the owner and the district.
Note: Subdivides provision to group related material and creates a title,
renumbers sub. (1) to accommodate definitions, deletes surplus verbiage, inserts specific
references and defined terms, replaces word form of numbers with digits and replaces
other language.
AB971, s. 129
1Section
129. 198.17 (1) of the statutes is created to read:
AB971,72,22
198.17
(1) Definitions. In this section:
AB971,72,53
(a) "Declaration" means a resolution or ordinance adopted by the directors of
4a district under sub. (1g) which identifies the utility which the district seeks to
5acquire.
AB971,72,76
(b) "Owner" means the owner of a utility, and, for purposes of the service of
7documents on the owner, includes all agents and representatives of the owner.
AB971,72,98
(c) "Utility" includes a portion of a public utility, including any water power and
9hydroelectric power plant owned and operated with the utility.
Note: Creates definition provision to simplify remainder of the section.