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(c) If a municipality adopts a resolution declaring its intention to withdraw
7from the district and if the board of directors approves the resolution or, if the board
8rejects the resolution but the resolution is approved in the referendum described
9under par. (b), the district shall dissolve as provided in s. 229.865 if only one
10municipality remains a part of the district after a municipality withdraws under this
11subsection. If more than one municipality remains a part of the district after a
12municipality withdraws, the municipality that withdraws and the board of directors
13shall negotiate a settlement agreement to compensate that park district for the park
14facilities that are located in the municipality, based on at least all of the following
15factors:
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1. The current value of park facilities that are transferred.
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2. The amount of money or any other contribution made by the park district for
18the park facilities that are transferred.
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3. The amount of money or any other contribution made by the municipality
20for the park facilities that are transferred.
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(d) If the municipality and the park district are unable to negotiate a settlement
22under par. (c) within 60 days after the board of directors approves the resolution
23under par. (a) or within 60 days after the resolution is approved in the referendum
24described under par. (b), the municipality and the district shall agree on the selection
25of an arbitrator who shall decide the settlement amount, and send written
1notification of his or her decision to all parties, within 30 days after his or her
2appointment. The municipality shall comply with the arbitrator's decision during
3any court challenge to the decision.
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(e) A withdrawal under this subsection takes effect on the date on which a
5settlement is reached or the date on which an arbitrator sends written notification
6of his or her decision.
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7229.862 Jurisdiction and expansion. The initial jurisdiction of a district
8shall consist of the territory of all of the sponsoring municipalities that have acted
9under s. 229.861 (1) and (2) and all of the participating municipalities that have acted
10under s. 229.861 (3) in same year, or within 90 days after the adoption of the first
11enabling legislation that is described in s. 229.861 (1). The jurisdiction of the district
12may be expanded to include any other municipality under procedures adopted by the
13board of directors and consistent with an agreement entered into between the board
14of directors and the municipality. Under the terms of the agreement, the assets of
15the municipality to be included in the expanded jurisdiction shall be treated in a
16substantially similar manner as the assets of all other municipalities in the district.
17A district's jurisdiction may not be expanded unless the governing body of the
18municipality to be included in the expanded jurisdiction of the district approves the
19inclusion of the municipality in the district. Eligible electors of a municipality
20included in the expanded jurisdiction of a district may vote for members of the board
21of directors at the first election occurring after the effective date of the expansion at
22which members of the board of directors are elected.
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23229.863 Powers of district. A district has all of the powers necessary or
24convenient to carry out the purposes and provisions of this subchapter. In addition
25to all other powers granted by this subchapter, a district may do all of the following:
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1(1) Adopt and alter an official seal.
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2(2) Sue and be sued in its own name, and plead and be impleaded.
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3(3) Maintain an office.
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4(4) In connection with park facilities, consistent with a municipality's
5comprehensive plan under s. 66.1001 (1) (a):
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(a) Acquire, develop, equip, maintain, improve, operate, and manage the park
7facilities.
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(b) Enter into contracts, subject to such standards as may be established by the
9board of directors.
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(c) Grant concessions.
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(d) Operate recreational facilities or programs.
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12(5) Employ personnel, and fix and regulate their compensation; and provide,
13either directly or subject to an agreement under s. 66.0301 as a participant in a
14benefit plan of another municipality, any employee benefits, including an employee
15pension plan.
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16(6) Purchase insurance, establish and administer a plan of self-insurance, or,
17subject to an agreement with another political subdivision under s. 66.0301,
18participate in a governmental plan of insurance or self-insurance.
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19(7) Set standards governing the use of, and the conduct within, its park
20facilities and recreational facilities in order to promote public safety and convenience
21and to maintain order.
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22(8) (a) To carry out its functions, levy a tax on the taxable property in the
23district, as equalized by the department of revenue under s. 70.57. Except as
24provided in par. (b), the board of directors shall establish the tax levy rate, subject
25to the limitation under s. 229.861 (5) (a) 5. The tax levy shall be applied to the
1respective real property and personal property tax rolls of the city, village, and town
2included in the district and shall not be included within any limitation on county or
3municipality taxes. Collected taxes levied under this paragraph shall be paid to the
4district treasurer.
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(b) In any year, the board of directors may adopt a resolution to establish a tax
6levy rate that exceeds the tax levy rate limitation under s. 229.861 (5) (a) 5., except
7that such a tax levy rate may not take effect until the resolution is approved by a
8majority of the electors in the district's jurisdiction voting on the resolution at a
9referendum, to be held at the first spring primary, spring election, September
10primary, general election, or special election held throughout the district that is held
11at least 45 days after the date of adoption of the resolution. The question shall be
12submitted as follows: "The tax levy rate for the tax imposed in .... [name of the
13district] for purposes related to park facilities for the year .... [year] is $ .... per $1,000
14of equalized value. The maximum tax levy rate that .... [name of the district] may
15impose in any year is $ .... per $1,000 of equalized value. Shall the .... [name of the
16district] be allowed to exceed this maximum rate limit for .... [a specified number of
17years] [an indefinite period] by $ .... per $1,000 of equalized value, resulting in a tax
18levy rate of $ .... per $1,000 of equalized value?" The clerk of the district shall publish
19the notices required under s. 10.06 (4) (c), (f), and (i) for any referendum held under
20this paragraph. Notwithstanding s. 10.06 (4) (c), the type A notice under s. 10.01 (2)
21(a) relating to the referendum is valid even if given and published late as long as it
22is given and published prior to the election as early as practicable.
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23(9) Accept gifts and other aid, which may be used only for the following
24purposes:
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(a) Maintaining the park facilities.
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1(b) Operating the park facilities.
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(c) Making capital improvements to the park facilities.
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3(10) Administer the receipt of revenues, and oversee the payment of bills or
4other debts incurred by the district.
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5(11) With regard to the elected members of the board of directors, change any
6decision imposed by an arbitrator under s. 229.861 (5) (b).
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7(12) Adopt a resolution to impose impact fees under s. 66.0617.
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8(13) Issue debt under ch. 67 only for capital improvements to park facilities.
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9229.864 Powers and duties of, and limitations on, municipalities. (1) 10The number of members of the board of directors specified in s. 229.861 (6) (a) may
11be changed only by an agreement that is approved unanimously by the governing
12bodies of each municipality that makes up the jurisdiction of the district.
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13(2) Except as otherwise provided in this section, the governing bodies of each
14municipality that makes up the jurisdiction of the district may not create a park or
15expend any funds to support municipal park facilities, impose an impact fee under
16s. 66.0617 for municipal park facilities, or impose fees in lieu of land dedications
17under ch. 236 after the imposition of the taxes described under s. 229.863 (8).
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18(3) In addition to any powers that it may otherwise have, a municipality located
19wholly or partly within a district's jurisdiction may do any of the following:
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(a) Make loans to a district upon terms that the municipality considers
21appropriate.
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(b) Lease or transfer property to a district upon terms that the municipality
23considers appropriate.
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24229.865 Dissolution of district. Subject to providing for the payment of its
25debts, and the performance of its other contractual obligations, a district may be
1dissolved by the action of the board of directors. If the district is dissolved, the board
2of directors shall certify to the department of revenue that the district is dissolved,
3and the property of the district shall be transferred to the municipalities in the
4jurisdiction by the board of directors, based on at least all of the following factors:
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5(1) The current value of park facilities transferred by a municipality to a
6district.
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7(2) The amount of money contributed to the district during its existence by a
8municipality under s. 229.864 (2).
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9(3) The amount of any other contribution made by a municipality to a district,
10including any contribution that is made under s. 229.864 (3).