SB424,30,24 20229.861 Creation, organization, and administration. (1) Subject to sub.
21(5), 2 or more municipalities may create a special purpose district that is a unit of
22government, that is a body corporate and politic, that is separate and distinct from,
23and independent of, the state and the sponsoring municipalities, and that has the
24powers under s. 229.863, if the sponsoring municipalities do all of the following:
SB424,31,2
1(a) Adopt an enabling resolution, subject to sub. (2), that does all of the
2following:
SB424,31,33 1. Declares the need for establishing the district.
SB424,31,44 2. Contains findings of public purpose.
SB424,31,55 3. Contains a detailed description of the boundaries of the proposed district.
SB424,31,76 4. Declares an intention to negotiate with a county the termination of any
7agreement entered into under s. 27.075 (1), (2), or (4).
SB424,31,98 (b) File copies of the enabling resolution with the clerk of each municipality and
9county that is wholly or partly within the boundaries of the proposed district.
SB424,31,14 10(2) Subject to sub. (5), a district shall consist of at least 2 municipalities. Each
11sponsoring municipality shall be identified in a substantially similar enabling
12resolution that is adopted by the governing body of each sponsoring municipality
13within a 90-day period beginning with the date of adoption of the first enabling
14resolution.
SB424,31,16 15(3) A district consisting of 2 or more municipalities may also be created, subject
16to subs. (4) and (5), by a petition and referendum if all of the following occur:
SB424,31,2117 (a) A petition that conforms to the requirements of s. 8.40, which contains a
18detailed description and scale map of the proposed district, on the question of the
19creation of a district is circulated on or after December 1 and filed not later than 5
20p.m. on the first Tuesday in January in each municipality that is within the
21boundaries of the proposed district.
SB424,31,2422 (b) The petition is signed by a number of qualified electors residing in the
23municipality equal to at least 15% of the votes cast for governor in the municipality
24at the last gubernatorial election.
SB424,32,2
1(c) The signed petition is filed with the clerk of each municipality in which the
2petition is circulated.
SB424,32,15 3(4) If all of the steps in sub. (3) occur, each municipality in which petitions
4containing the requisite number of signatures are submitted to the clerk shall hold
5a referendum at the next succeeding spring election. Subject to sub. (5), if the
6question submitted at the referendum is approved by a majority of the electors who
7vote in the referendum at the spring election in at least 2 municipalities, a special
8purpose district that is a unit of government, that is a body corporate and politic, that
9is separate and distinct from, and independent of, the state and each municipality,
10and that has the powers under s. 229.863 is created, the boundaries of which include
11each municipality in which the question is approved. The referendum question shall
12be substantially as follows: "Shall a local park and recreation district, the territory
13of which includes in whole the .... [name of municipality], be created?" If a
14referendum question is not approved in at least 2 municipalities, no district may be
15created.
SB424,32,22 16(5) (a) Before a district may be created, the governing bodies of each
17municipality that has adopted a resolution under sub. (1) or in which a referendum
18question has been approved under sub. (4) shall adopt a resolution or enact an
19ordinance, not later than September 1 of the year in which the resolution under sub.
20(1) or the referendum question is approved, that, subject to pars. (b) and (c), contains
21an agreement among each of the governing bodies which addresses at least all of the
22following provisions:
SB424,33,223 1. A mechanism that provides, from each of the municipalities, a loan of
24start-up funds for the initial operating costs of the district. The loaned start-up

1funds shall be sufficient to sustain the district until it receives the first amount of
2proceeds from a tax that is imposed under s. 229.863 (8).
SB424,33,53 2. A method of appointing temporary members to the board of directors under
4sub. (6) (am) to serve until the initial members are elected at the spring election and
5qualified to take office.
SB424,33,96 3. An apportionment plan for the election of the board of directors of the district
7board under sub. (6) (b), unless the governing bodies of all of the municipalities of
8which the district is initially comprised provide for the election of members of the
9board of directors without an apportionment plan.
SB424,33,1110 4. A method to transfer title of the municipal park facilities within their
11individual jurisdictions to the district.
SB424,33,1512 5. The maximum property tax levy rate that the district may impose under s.
13229.863 (8) (a). The maximum property tax levy rate may be no less than 0.7 mills
14nor more than 1.4 mills for each dollar of the district's equalized valuation, as
15determined under s. 70.57.
SB424,33,2316 (b) 1. Before the municipalities may consider a resolution or ordinance that is
17described in par. (a), all of the municipalities shall enter into an agreement on the
18selection of an arbitrator who will decide any of the issues under par. (a) that are not
19resolved by the municipalities by September 1 of the year described under par. (a),
20except as provided in subd. 2. If the municipalities are unable to reach agreement
21on any of the items listed in par. (a), the arbitrator shall enter a binding decision,
22which resolves all such outstanding items, not later than November 1 of the year
23described under par. (a).
SB424,34,224 2. If the municipalities are unable to reach an agreement concerning whether
25the members of the board of directors shall be elected with or without an

1apportionment plan under sub. (6) (b), the board of directors shall be elected
2pursuant to an apportionment plan.
SB424,34,93 (c) Before the municipalities may consider a resolution or ordinance that is
4described under par. (a), each municipality that is subject to an agreement or
5contract with a county under s. 27.075 (1), (2), or (4) shall negotiate with the county
6the termination of any such agreements or contracts. If a municipality is unable to
7negotiate the termination of any agreements or contracts under s. 27.075, the
8municipality may not become part of a district until the agreements or contracts
9expire or are otherwise terminated.
SB424,34,13 10(6) (a) 1. The district is governed by its board of directors. The board of directors
11may adopt bylaws to govern the district's activities, subject to this subchapter.
12Except as provided in s. 229.862, the board of directors shall consist of 9 members
13who are elected at-large.
SB424,34,2414 2. The board of directors shall be elected at the spring election pursuant to an
15apportionment plan under par. (b) unless the governing bodies of each of the
16municipalities of which the district is comprised by resolution determine, no later
17than November 1 preceding any spring election, that the members of the board of
18directors shall be elected at that election and thereafter without an apportionment
19plan. If the governing bodies of each municipality of which the district is comprised
20determine to elect members of the board of directors without an apportionment plan,
21the governing bodies may, no later than November 1 preceding a spring election, by
22resolution determine to elect members of the board of directors at that election and
23thereafter pursuant to an apportionment plan, if an identical plan is adopted by each
24of those governing bodies by that date.
SB424,35,5
13. The first election of members of the board of directors shall occur in April of
2the year following the year described in sub. (5) (a). Temporary members shall be
3appointed according to the agreement reached under sub. (5) (a) 2. or imposed by an
4arbitrator under sub. (5) (b) to serve until the initial members are elected at the
5spring election and qualified to take office.
SB424,35,206 (b) 1. Each apportionment plan shall divide the entire district into apportioned
7geographic areas for the election of members of the board of directors. The
8boundaries of the apportioned areas shall remain unchanged unless the governing
9bodies of each of the municipalities of which the district is comprised agree, by
10resolution adopted no later than November 1 preceding a spring election, to prescribe
11revised boundaries for the election of members of the board of directors at that
12election and thereafter, and except that, if a municipality becomes a part of the
13district after its creation, the governing bodies of the municipalities of which the
14district is comprised shall, by resolution, prescribe identical revised boundaries of
15the apportioned areas no later than September 1 preceding the first spring election
16at which members of the board of directors are to be elected from the new district.
17If the governing bodies are unable to reach an agreement concerning an identical
18apportionment plan by September 1 preceding that spring election, an arbitrator
19appointed pursuant to sub. (5) (b) 1. shall resolve the dispute no later than November
201 preceding that election.
SB424,35,2421 2. If the members of the board of directors are elected pursuant to an
22apportionment plan, each candidate for member of the board of directors shall state
23on the face of his or her declaration of candidacy and nomination papers the
24apportioned area for which the candidate seeks office.
SB424,36,8
1(c) Each member of the board of directors shall be a resident of the district and,
2if an apportionment plan for the election of members of the board of directors is used,
3shall be a resident of the apportioned area for which he or she is elected at the time
4that the member takes the oath of office. If a member of the board of directors who
5is elected from an apportioned area ceases to be a resident of that area after the
6beginning of his or her term of office but continues to be a resident of the district, the
7member may continue to serve for the remainder of the term for which he or she was
8elected or appointed.
SB424,36,209 (d) The terms of the members of the board of directors shall be 3 years,
10beginning on the next succeeding first Monday in June, except that the terms of
11one-third of the initial persons elected or appointed to office shall expire on the first
12Monday in June that is one year following the next succeeding June; the terms of
13one-third of the initial persons elected or appointed to office shall expire on the first
14Monday in June that is 2 years following the next succeeding June; and the terms
15of one-third of the persons elected or appointed to office shall expire on the first
16Monday in June that is 3 years following the next succeeding June. Members of the
17board of directors may be removed from office before the expiration of their terms,
18for cause, as provided under s. 17.13 (3) and may be recalled as provided under s.
199.10. Vacancies in the office of member of the board of directors shall be filled as
20provided under s. 17.27 (1f).
SB424,36,2521 (e) The board of directors shall elect from its membership a chairperson, a vice
22chairperson, a secretary, and a treasurer. A majority of the current membership of
23the board of directors constitutes a quorum to do business. The district may take
24action based on the affirmative vote of a majority of those directors who are present
25at a meeting of the board of directors.
SB424,37,5
1(f) 1. The board of directors shall appoint a person to serve as clerk of the
2district. The clerk shall administer the affairs of the district, under the direction of
3the board of directors. Within 7 days after the appointment of any person to fill a
4vacancy on the board of directors, the clerk shall notify the person of his or her
5appointment.
SB424,38,26 2. No later than 5 p.m. on the 2nd Tuesday in January, the clerk shall certify
7to the county clerk of each county lying wholly or partially within the district the
8names of candidates who have filed valid nomination papers for member of the board
9of directors and who are eligible to have their names appear on the ballot under s.
108.30. If any municipality lying wholly or partially within the district prepares its
11own ballots under s. 7.15 (2) (c), the clerk shall similarly certify the names of
12candidates to the municipal clerk. In making these certifications, the clerk shall
13designate the form of each candidate's name to appear on the ballot in the manner
14prescribed under s. 7.08 (2) (a). If a primary is held for any seat on a board of
15directors, the clerk shall certify to the county clerk of each county lying wholly or
16partially within the district the names of candidates who have won nomination to the
17board of directors and who are eligible to have their names appear on the ballot under
18s. 8.30. If any municipality lying wholly or partially within the district prepares its
19own ballots under s. 7.15 (2) (c), the clerk shall similarly certify the names of
20candidates to the municipal clerk. The clerk shall notify the municipal clerk of each
21municipality lying wholly or partially within the district of any district election and
22furnish each municipal clerk with a copy of the notice of the district election. If paper
23ballots are utilized at a district election, the clerk shall provide each municipal clerk
24with an adequate supply of ballots for the election at least 22 days before the election.

1The clerk shall issue certificates of election to persons who are elected to the board
2of directors after each election in the manner provided under s. 7.53 (4).
SB424,38,43 (g) The members of the board of directors shall be reimbursed for their actual
4and necessary expenses incurred in the performance of their duties.
SB424,38,75 (h) Upon the election under par. (a) and qualification of a majority of the
6members of a board of directors, the board of directors may exercise the powers and
7duties of a board of directors under this subchapter.
SB424,38,88 (i) At its first meeting, the board of directors shall name the district.
SB424,38,16 9(7) (a) The territory of a municipality may be in only one district. If a city or
10village whose territory is in one district annexes territory that contains park
11facilities that are located in a different district, that district shall transfer ownership
12of the park facilities that are located in the annexed territory to the district whose
13territory includes the annexing city or village. The park district which receives the
14annexed territory shall negotiate a settlement agreement with the park district from
15which the territory was annexed to compensate that park district for the park
16facilities that are transferred, based on at least all of the following factors:
SB424,38,1717 1. The current value of park facilities that are transferred.
SB424,38,1918 2. The amount of money or any other contribution made by the park district for
19the park facilities that are transferred.
SB424,38,2420 (b) If the park districts are unable to negotiate a settlement under par. (a)
21within 60 days after the effective date of the annexation that results in the transfer
22of territory, the districts shall agree on the selection of an arbitrator who shall decide
23the settlement amount, and send written notification of his or her decision to all
24parties, within 30 days after his or her appointment.
SB424,39,3
1(c) A transfer of ownership under this subsection takes effect on the date on
2which a settlement is reached or the date on which an arbitrator sends written
3notification of his or her decision.
SB424,39,10 4(8) (a) A municipality which is part of a district may withdraw from the district
5as provided in this subsection if the governing body of the municipality adopts a
6resolution declaring its intention to withdraw from the district and if the board of
7directors adopts a resolution approving the municipality's resolution. If a
8municipality withdraws from a district under this subsection, title to the park
9facilities that are located in the municipality shall be transferred from the district
10to the municipality.
SB424,39,1811 (b) If a municipality adopts a resolution declaring its intention to withdraw
12from the district and if the board of directors rejects the municipality's resolution, the
13board of directors shall call a referendum in the municipality for the purpose of
14submitting the municipality's resolution to the electors of the municipality for
15approval or rejection on the question of whether the municipality should withdraw
16from the district. The referendum shall be held at the next regular election to be held
17not earlier than 42 days after the municipality's resolution is rejected by the board
18of directors.
SB424,40,319 (c) If a municipality adopts a resolution declaring its intention to withdraw
20from the district and if the board of directors approves the resolution or, if the board
21rejects the resolution but the resolution is approved in the referendum described
22under par. (b), the district shall dissolve as provided in s. 229.865 if only one
23municipality remains a part of the district after a municipality withdraws under this
24subsection. If more than one municipality remains a part of the district after a
25municipality withdraws, the municipality that withdraws and the board of directors

1shall negotiate a settlement agreement to compensate that park district for the park
2facilities that are located in the municipality, based on at least all of the following
3factors:
SB424,40,44 1. The current value of park facilities that are transferred.
SB424,40,65 2. The amount of money or any other contribution made by the park district for
6the park facilities that are transferred.
SB424,40,87 3. The amount of money or any other contribution made by the municipality
8for the park facilities that are transferred.
SB424,40,159 (d) If the municipality and the park district are unable to negotiate a settlement
10under par. (c) within 60 days after the board of directors approves the resolution
11under par. (a) or within 60 days after the resolution is approved in the referendum
12described under par. (b), the municipality and the district shall agree on the selection
13of an arbitrator who shall decide the settlement amount, and send written
14notification of his or her decision to all parties, within 30 days after his or her
15appointment.
SB424,40,1816 (e) A withdrawal under this subsection takes effect on the date on which a
17settlement is reached or the date on which an arbitrator sends written notification
18of his or her decision.
SB424,41,9 19229.862 Jurisdiction and expansion. The initial jurisdiction of a district
20shall consist of the territory of all of the sponsoring municipalities that have acted
21under s. 229.861 (1) and (2) and all of the participating municipalities that have acted
22under s. 229.861 (3) in same year, or within 90 days after the adoption of the first
23enabling legislation that is described in s. 229.861 (1). The jurisdiction of the district
24may be expanded to include any other municipality under procedures adopted by the
25board of directors and consistent with an agreement entered into between the board

1of directors and the municipality. Under the terms of the agreement, the assets of
2the municipality to be included in the expanded jurisdiction shall be treated in a
3substantially similar manner as the assets of all other municipalities in the district.
4A district's jurisdiction may not be expanded unless the governing body of the
5municipality to be included in the expanded jurisdiction of the district approves the
6inclusion of the municipality in the district. Eligible electors of a municipality
7included in the expanded jurisdiction of a district may vote for members of the board
8of directors at the first election occurring after the effective date of the expansion at
9which members of the board of directors are elected.
SB424,41,12 10229.863 Powers of district. A district has all of the powers necessary or
11convenient to carry out the purposes and provisions of this subchapter. In addition
12to all other powers granted by this subchapter, a district may do all of the following:
SB424,41,13 13(1) Adopt and alter an official seal.
SB424,41,14 14(2) Sue and be sued in its own name, and plead and be impleaded.
SB424,41,15 15(3) Maintain an office.
SB424,41,17 16(4) In connection with park facilities, consistent with a municipality's
17comprehensive plan under s. 66.1001 (1) (a):
SB424,41,1918 (a) Acquire, develop, equip, maintain, improve, operate, and manage the park
19facilities.
SB424,41,2120 (b) Enter into contracts, subject to such standards as may be established by the
21board of directors.
SB424,41,2222 (c) Grant concessions.
SB424,41,2323 (d) Operate recreational facilities or programs.
SB424,42,2 24(5) Employ personnel, and fix and regulate their compensation; and provide,
25either directly or subject to an agreement under s. 66.0301 as a participant in a

1benefit plan of another municipality, any employee benefits, including an employee
2pension plan.
SB424,42,5 3(6) Purchase insurance, establish and administer a plan of self-insurance, or,
4subject to an agreement with another political subdivision under s. 66.0301,
5participate in a governmental plan of insurance or self-insurance.
SB424,42,8 6(7) Set standards governing the use of, and the conduct within, its park
7facilities and recreational facilities in order to promote public safety and convenience
8and to maintain order.
SB424,42,16 9(8) (a) To carry out its functions, levy a tax on the taxable property in the
10district, as equalized by the department of revenue under s. 70.57. Except as
11provided in par. (b), the board of directors shall establish the tax levy rate, subject
12to the limitation under s. 229.861 (5) (a) 5. The tax levy shall be applied to the
13respective real property and personal property tax rolls of the city, village, and town
14included in the district and shall not be included within any limitation on county or
15municipality taxes. Collected taxes levied under this paragraph shall be paid to the
16district treasurer.
SB424,43,917 (b) In any year, the board of directors may adopt a resolution to establish a tax
18levy rate that exceeds the tax levy rate limitation under s. 229.861 (5) (a) 5., except
19that such a tax levy rate may not take effect until the resolution is approved by a
20majority of the electors in the district's jurisdiction voting on the resolution at a
21referendum, to be held at the first spring primary, spring election, September
22primary, general election, or special election held throughout the district that is held
23at least 45 days after the date of adoption of the resolution. The question shall be
24submitted as follows: "The tax levy rate for the tax imposed in .... [name of the
25district] for purposes related to park facilities for the year .... [year] is $ .... per $1,000

1of equalized value. The maximum tax levy rate that .... [name of the district] may
2impose in any year is $ .... per $1,000 of equalized value. Shall the .... [name of the
3district] be allowed to exceed this maximum rate limit for .... [a specified number of
4years] [an indefinite period] by $ .... per $1,000 of equalized value, resulting in a tax
5levy rate of $ .... per $1,000 of equalized value?" The clerk of the district shall publish
6the notices required under s. 10.06 (4) (c), (f), and (i) for any referendum held under
7this paragraph. Notwithstanding s. 10.06 (4) (c), the type A notice under s. 10.01 (2)
8(a) relating to the referendum is valid even if given and published late as long as it
9is given and published prior to the election as early as practicable.
SB424,43,11 10(9) Accept gifts and other aid, which may be used only for the following
11purposes:
SB424,43,1212 (a) Maintaining the park facilities.
SB424,43,1313 (b) Operating the park facilities.
SB424,43,1414 (c) Making capital improvements to the park facilities.
SB424,43,16 15(10) Administer the receipt of revenues, and oversee the payment of bills or
16other debts incurred by the district.
SB424,43,18 17(11) With regard to the elected members of the board of directors, change any
18decision imposed by an arbitrator under s. 229.861 (5) (b).
SB424,43,19 19(12) Adopt a resolution to impose impact fees under s. 66.0617.
SB424,43,20 20(13) Issue debt under ch. 67 only for capital improvements to park facilities.
SB424,43,24 21229.864 Powers and duties of, and limitations on, municipalities. (1)
22The number of members of the board of directors specified in s. 229.861 (6) (a) may
23be changed only by an agreement that is approved unanimously by the governing
24bodies of each municipality that makes up the jurisdiction of the district.
SB424,44,5
1(2) Except as otherwise provided in this section, the governing bodies of each
2municipality that makes up the jurisdiction of the district may not create a park or
3expend any funds to support municipal park facilities, impose an impact fee under
4s. 66.0617 for municipal park facilities, or impose fees in lieu of land dedications
5under ch. 236 after the imposition of the taxes described under s. 229.863 (8).
SB424,44,7 6(3) In addition to any powers that it may otherwise have, a municipality located
7wholly or partly within a district's jurisdiction may do any of the following:
SB424,44,98 (a) Make loans to a district upon terms that the municipality considers
9appropriate.
SB424,44,1110 (b) Lease or transfer property to a district upon terms that the municipality
11considers appropriate.
SB424,44,17 12229.865 Dissolution of district. Subject to providing for the payment of its
13debts, and the performance of its other contractual obligations, a district may be
14dissolved by the action of the board of directors. If the district is dissolved, the board
15of directors shall certify to the department of revenue that the district is dissolved,
16and the property of the district shall be transferred to the municipalities in the
17jurisdiction by the board of directors, based on at least all of the following factors:
SB424,44,19 18(1) The current value of park facilities transferred by a municipality to a
19district.
SB424,44,21 20(2) The amount of money contributed to the district during its existence by a
21municipality under s. 229.864 (2).
SB424,44,23 22(3) The amount of any other contribution made by a municipality to a district,
23including any contribution that is made under s. 229.864 (3).
SB424,44,2424 (End)
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