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.
AB971, s. 130
10Section
130. 198.17 (2) of the statutes is renumbered 198.17 (2) (a) and
11amended to read:
AB971,72,1612
198.17
(2) (a) If the owner
shall fail
has consented in any manner provided by
13law to the purchase of the utility by the public or any municipality and one of the
14following applies, the commission and the parties shall proceed to determine, in the
15manner provided in ss. 197.05 to 197.09, the just compensation to be paid to the
16owner by the district for the utility identified in the declaration:
AB971,72,20
171. The owner fails to
make and serve
on the district and upon the commission
18within the time limited therefor in sub. (1) a proposal
voluntarily to sell
and transfer
19to the district the property determined, as therein provided, to be acquired, or, if the
20utility identified in the declaration in the time and manner described in sub. (1m).
AB971,73,3
12. The owner and the
board shall fail directors fail to agree upon terms and
2conditions
of purchases and sales and of the transfer thereof for the sale of the utility
3identified in the declaration to the district
, or if the.
AB971,73,10
43. The commission
shall fail fails to approve
the same if the terms of sale of the
5utility identified in the declaration agreed upon
, and if the owner shall have
6consented in any manner provided by law to the purchase of such utility by the public
7or any municipality, the commission and the parties shall proceed to determine the
8just compensation to be paid by the district to the owner of such property therefor
9and to accomplish the transfer of the possession and ownership thereof to the district 10in the manner provided by ss. 197.05 to 197.09, and
by the owner and the directors.
AB971,73,15
11(b) Upon the determination of just compensation for the utility identified in the
12declaration, the commission shall certify to the district and
to the owner
or owners 13the amount of
such compensation to be
so paid
for the utility identified in the
14declaration, and the directors shall provide for and authorize payment of
the same 15that amount to the parties entitled
thereto to payment.
Note: Subdivides provision and reorders text, inserts specific references and
defined terms, and replaces other language.
AB971, s. 131
16Section
131. 198.17 (2a) of the statutes is renumbered 198.17 (5m) and
17amended to read:
AB971,74,1218
198.17
(5m) (title)
Alternative mode of acquiring utility. Upon the initiation
19of steps for the formation of a district, or later, any municipality within a district or
20a proposed district may, in lieu of the other procedure provided by this section,
21determine, as provided by s. 197.02,
upon the acquisition of to acquire any utility
22operating within the municipality under the terms of an indeterminate permit
, as
23defined in s. 196.01, on behalf of and for the benefit of the district, subject to the
1conditions and by the procedure set forth and described in ch. 197
, and any. Any 2
2or more municipalities within
such a district or proposed district may
, in the same
3manner, determine
in the same manner upon the joint acquisition in the same
4manner of such to jointly acquire utilities operating within
such the municipalities,
5on behalf of and for the benefit of
such the district. The municipalities and districts
6may enter into contracts for the transfer and conveyance of
such the utilities to
such 7the districts immediately upon the acquisition
thereof of the utilities by
such
the 8municipalities, and for the simultaneous payment of the purchase price
therefor for
9the utilities by
such the districts
; and to. The municipalities and districts may join
10in
such any conveyances, and do all such acts as are necessary to execute
such the 11contracts; subject to the provisions of this chapter governing the powers of districts
12to enter into transactions, and incur indebtedness, generally.
Note: Renumbers provision for more logical placement within the section, breaks
up long sentences, inserts specific references and replaces other language for greater
readability and conformity with current style.
AB971, s. 132
13Section
132. 198.17 (3) (title) of the statutes is amended to read:
AB971,74,1414
198.17
(3) (title)
Action to determine necessity of taking of utility.
AB971, s. 133
15Section
133. 198.17 (3) of the statutes is renumbered 198.17 (3) (a) and
16amended to read:
AB971,75,517
198.17
(3) (a) If the owner of
such
the utility
shall identified in the declaration
18has not
have consented in any manner provided by law and
shall has not
have become
19legally bound to consent to the purchase by the public or any municipality of
such the 20utility
or any part thereof so determined to be acquired by the district, the general
21counsel of the district shall, before proceedings are had under sub. (2),
cause to be
22instituted and prosecuted, commence an action to determine the necessity of the
23taking of the utility by the district. The action shall be brought in the name and
1behalf of the district in the circuit court for the county in which the principal
2administrative office of the district is located
, an action against the owner
or owners 3of
such public the utility as defendant
or defendants, praying the court for an
4adjudication
as to of the necessity of
such the taking
by the district, in which the
5complaint. The complaint in the action shall be served with the summons.
AB971,75,21
6(b) The defendant or
defendants
owner shall answer in
said the action
7commenced under par. (a) within
ten
10 days after
such service
of the summons and
8complaint on the owner and the action shall be at issue and stand ready for trial upon
9ten 10 days' notice by either party. Unless the parties
thereto waive a jury, the
10question as to the necessity of the taking of
such property the utility by the district
11shall be as speedily as possible submitted to a jury. If the jury or the court, in case
12a jury is waived,
shall find finds that a necessity exists for the taking by the district
13of
such property, or for the taking thereby of that part thereof to the public or
14municipal purchase of the utility, to which the owner shall not have consented, the
15directors shall cause speedy notice of
such the finding
of necessity to be certified to
16the commission and
to the owner
or owners of such property, and the. The 17commission and the parties shall
then proceed to the ascertainment of the just
18compensation to be paid by the district to the
owners of such property therefor, and
19the owner for the utility. The consummation of the transfer of the
same utility to the
20district and the payment of
such the compensation
, to the owner shall be in the
21manner provided in sub. (2).
Note: Subdivides provision, breaks up long sentences, inserts specific references
and replaces other language for greater readability and conformity with current style.
AB971, s. 134
22Section
134. 198.17 (4) of the statutes is amended to read:
AB971,76,7
1198.17
(4) Municipal utility exemption. No utility owned by any municipality
2within the district shall be acquired by the district, except by mutual agreement
3pursuant to sub.
(1) (1m), until the district
shall have has first obtained, from the
4commission, after notice and hearing accorded to the municipality, a certificate that
5public necessity and convenience require that
such the utility be owned and operated
6by the district. If
such the certificate is granted the consummation of the acquisition
7shall be in the manner provided in sub. (2).
Note: Amends cross-reference in accordance with renumbering by this bill and
replaces other language for greater conformity with current style.
AB971, s. 135
8Section
135. 198.17 (5) of the statutes is renumbered 198.17 (5) (a) and
9amended to read:
AB971,77,210
198.17
(5) (a) If the
board of directors of the district
shall be of the opinion 11determine that the district should acquire any part
less than the whole of the
12physical property of any utility which is or may be owned and operated as an entirety,
13the
board directors shall, before adopting any resolution or ordinance declaring the
14determination of the district to acquire
such the property, apply to the commission
15for and obtain the commission's certificate of authority
so to do
so. The application
16of the district for
such the certificate shall state with reasonable certainty the part
17or parts of
such the utility proposed to be acquired and the part
or parts thereof of
18the utility not proposed to be acquired
and the. The application shall also state the 19facts with respect to
such the properties
to be acquired and the considerations on
20which the board of directors rely to show that
such
only the part
or parts, rather than
21the whole of
such the utility
sought by the district should be acquired by the district.
22A copy of
such the application shall be served upon the owner
or owners of the utility
1affected and upon any municipality, whether within or without the district, in which
2such the utility operates or furnishes any service.
AB971,77,9
3(b) The commission shall fix a time and place for hearing
on such the 4application
made under par. (a) and shall give
ten 10 days' notice
thereof of the
5hearing to all parties interested
and. The commission shall conduct a public hearing
6and investigation concerning the matters
therein alleged
in the application and shall
7make and file written findings and conclusions with respect
thereto to those matters.
8Before approving
such the application and granting the certificate of authority
9herein applied for, the commission shall ascertain and find:
AB971,77,1310
1. That the acquisition by the district of the part
or parts of
such the utility, as
11in such application proposed
in the application, will be of greater financial, economic
12and industrial advantage to the district than the acquisition of the
whole of such 13utility as an entirety as operated.
AB971,77,1814
2. That the acquisition by the district of the part
or parts of
such the utility, as
15in such application proposed
in the application, will not result in any substantial
16injury to public interests or impairment of public service that would not result if
such 17the utility was acquired as an entirety and continued to be operated as
such an
18entirety.
AB971,77,2319
3. That the acquisition by the district of the part
or parts of
such the utility, as
20in such application proposed
in the application, will not render the part
or parts
21thereof of the utility that will not
be acquired incapable of continuing to render any
22substantial public service being rendered
thereby
by the utility adequately and at
23reasonable rates, tolls or charges for
such the service.
Note: Subdivides provision, replaces word form of number with digits, deletes
redundancies, inserts specific references and replaces other language.
AB971, s. 136
1Section
136. 198.17 (8) of the statutes is amended to read:
AB971,78,172
198.17
(8) Municipal loans to districts. Any municipality situated within the
3boundaries of
such a district may provide for a loan to
such the district to pay the
4preliminary organization and administration expenses
thereof of the district, on
5such the terms
as
that the governing bodies of
such the municipality and
such the 6district
may agree upon
; provided, that any such. The lending municipality shall
7have the right, at its option, to receive bonds or other obligations of
any such the
8borrowing district of any issue, providing for the payment of an amount of principal
9equal to that of the loan
hereby authorized
under this subsection, in place of the
10obligations created by
such the loan
; and provided further that the. The terms of
11such a loan
under this subsection shall in every case provide that
such a the 12municipality
making the loan shall receive interest from the date of the loan at not
13less than the rate of interest provided for in the first bonds or other securities issued
14by
such the district, to become due at the date of issue of
such the securities, or at
15some specified date
theretofore, prior to or
at some specified date not more than one
16year
thereafter after the date of issue, subject to the limitation of total indebtedness
17of the district contained in s. 198.14 (9).
Note: Breaks up long sentences, inserts specific references and replaces other
language for greater readability and conformity with current style.
AB971, s. 137
18Section
137. 198.20 of the statutes is renumbered 198.20 (1) and amended to
19read:
AB971,79,320
198.20
(1) Any
two 2 power districts may be consolidated by ordinance, passed
21by a two-thirds vote of all
of the members of the board of each power district, fixing
22the terms of the consolidation and ratified by the electors at a referendum held in
23each district. The ballots shall bear the words
, "For Consolidation
," and "Against
1Consolidation
,"
and if. If a majority of the votes cast
thereon on the question of
2consolidation in each district shall be for consolidation, the ordinance shall be in
3effect and have the force of a contract.
Such
AB971,79,11
4(2) The election
, and all matters pertaining
thereto to the election not
5otherwise provided for in this section, shall be held and conducted and the result
6thereof ascertained
, determined and declared in accordance with s. 198.06 (3) and
7(4). The ordinance and the result of the referendum shall be certified to the secretary
8of state.
From and after such After certification
said, the consolidation shall be
9deemed considered complete. Consolidation shall not affect the preexisting rights
10or liabilities of any power districts and actions
thereon on those rights and liabilities 11may be commenced or completed as though no consolidation had been effected.
Note: Breaks up sentence, inserts specific references, deletes redundancy and
replaces other language for greater readability and conformity with current style.
AB971, s. 138
12Section
138. 198.21 of the statutes is amended to read:
AB971,79,20
13198.21 District obligations inviolate. Any provision of this chapter may be
14altered, amended or repealed at any time by the legislature, but no amendment
,
15repeal or alteration
thereof shall ever be enacted which shall release any district
16organized thereunder from any liability which it shall incur for the acquisition of
17property or for obtaining funds for the purposes of the district. The guarantees of this
18section shall
be deemed and held to inhere in and become be a part of every contract
19authorized by this chapter and entered into by any district
thereunder under this
20chapter.
Note: Inserts specific references, deletes redundancies and replaces other
language for greater readability and conformity with current style.
AB971, s. 139
21Section
139. 198.22 (2) (intro.) of the statutes is amended to read:
AB971,80,7
1198.22
(2) Definitions. (intro.) The provisions of ss. 198.01 to 198.04, 198.06
2(2) to (7), 198.10 (5), 198.12 (1) to (5), 198.13 (3) to (5), 198.14 (1), (2), (5) to (8) and
3(10) to (15), 198.145, 198.15, 198.165, 198.17 (6) to (8), 198.18 (2) to (5), 198.21 and
4893.77 (3)
as now in effect or as subsequently amended shall apply to municipal
5water districts, except that
in this section and in the above mentioned statutory
6provisions, adopted herein by reference as applied to this section the following shall
7apply:
Note: Eliminates unnecessary language and modernizes and clarifies remaining
language.
AB971, s. 140
8Section
140. 213.02 (title) of the statutes is amended to read:
AB971,80,10
9213.02 (title)
Trustees; their
City and village fire company trustees:
10election,; powers.
AB971, s. 141
11Section
141. 213.02 of the statutes is renumbered 213.02 (1) and amended to
12read:
AB971,80,2113
213.02
(1) The members of any
fire engine, hook and ladder, sack or other fire
14company
, in any city or village
, which
shall have has been
duly organized and
shall
15have has elected
such those officers
as they are by law required
to do by law, and
16whose organization and election of officers
shall have
have been confirmed
or
17sanctioned by
the common council of such city or board of trustees of such the
18governing body of the city or village, may, when assembled at their usual place of
19meeting and according to the rules of
such the company, elect annually not less than
20three 3 nor more than
nine 9 trustees
to take. The trustees shall have the power to
21do any of the following:
AB971,81,3
1(a) Take charge of the
estate and property of
such the fire company, and
2transact all business relative to the investment, care and disposal
thereof; they may
3have of the property.
AB971,81,5
4(b) Have a common seal
and that the trustees may alter
the same at
their 5pleasure
, and may take.
AB971,81,10
6(c) Take possession of, and, pursuant to the rules
and regulations of
such the 7company,
may manage, control, purchase, take, receive, recover and hold, sell,
8convey, mortgage, demise, lease and improve all
of the property of
such the company,
9including all burial places belonging
thereto to the company and erect and put in
10repair all buildings necessary
therefor, and may sue
for the company.