SB424: Bill Text

SB424,39,3 (c) A transfer of ownership under this subsection takes effect on the date on which a settlement is reached or the date on which an arbitrator sends written notification of his or her decision.

SB424,39,10 (8) (a) A municipality which is part of a district may withdraw from the district as provided in this subsection if the governing body of the municipality adopts a resolution declaring its intention to withdraw from the district and if the board of directors adopts a resolution approving the municipality's resolution. If a municipality withdraws from a district under this subsection, title to the park facilities that are located in the municipality shall be transferred from the district to the municipality.

SB424,39,18 (b) If a municipality adopts a resolution declaring its intention to withdraw from the district and if the board of directors rejects the municipality's resolution, the board of directors shall call a referendum in the municipality for the purpose of submitting the municipality's resolution to the electors of the municipality for approval or rejection on the question of whether the municipality should withdraw from the district. The referendum shall be held at the next regular election to be held not earlier than 42 days after the municipality's resolution is rejected by the board of directors.

SB424,40,3 (c) If a municipality adopts a resolution declaring its intention to withdraw from the district and if the board of directors approves the resolution or, if the board rejects the resolution but the resolution is approved in the referendum described under par. (b), the district shall dissolve as provided in s. 229.865 if only one municipality remains a part of the district after a municipality withdraws under this subsection. If more than one municipality remains a part of the district after a municipality withdraws, the municipality that withdraws and the board of directors shall negotiate a settlement agreement to compensate that park district for the park facilities that are located in the municipality, based on at least all of the following factors:

SB424,40,4 1. The current value of park facilities that are transferred.

SB424,40,6 2. The amount of money or any other contribution made by the park district for the park facilities that are transferred.

SB424,40,8 3. The amount of money or any other contribution made by the municipality for the park facilities that are transferred.

SB424,40,15 (d) If the municipality and the park district are unable to negotiate a settlement under par. (c) within 60 days after the board of directors approves the resolution under par. (a) or within 60 days after the resolution is approved in the referendum described under par. (b), the municipality and the district shall agree on the selection of an arbitrator who shall decide the settlement amount, and send written notification of his or her decision to all parties, within 30 days after his or her appointment.

SB424,40,18 (e) A withdrawal under this subsection takes effect on the date on which a settlement is reached or the date on which an arbitrator sends written notification of his or her decision.

SB424,41,9 229.862 Jurisdiction and expansion. The initial jurisdiction of a district shall consist of the territory of all of the sponsoring municipalities that have acted under s. 229.861 (1) and (2) and all of the participating municipalities that have acted under s. 229.861 (3) in same year, or within 90 days after the adoption of the first enabling legislation that is described in s. 229.861 (1). The jurisdiction of the district may be expanded to include any other municipality under procedures adopted by the board of directors and consistent with an agreement entered into between the board of directors and the municipality. Under the terms of the agreement, the assets of the municipality to be included in the expanded jurisdiction shall be treated in a substantially similar manner as the assets of all other municipalities in the district. A district's jurisdiction may not be expanded unless the governing body of the municipality to be included in the expanded jurisdiction of the district approves the inclusion of the municipality in the district. Eligible electors of a municipality included in the expanded jurisdiction of a district may vote for members of the board of directors at the first election occurring after the effective date of the expansion at which members of the board of directors are elected.

SB424,41,12 229.863 Powers of district. A district has all of the powers necessary or convenient to carry out the purposes and provisions of this subchapter. In addition to all other powers granted by this subchapter, a district may do all of the following:

SB424,41,13 (1) Adopt and alter an official seal.

SB424,41,14 (2) Sue and be sued in its own name, and plead and be impleaded.

SB424,41,15 (3) Maintain an office.

SB424,41,17 (4) In connection with park facilities, consistent with a municipality's comprehensive plan under s. 66.1001 (1) (a):

SB424,41,19 (a) Acquire, develop, equip, maintain, improve, operate, and manage the park facilities.

SB424,41,21 (b) Enter into contracts, subject to such standards as may be established by the board of directors.

SB424,41,22 (c) Grant concessions.

SB424,41,23 (d) Operate recreational facilities or programs.

SB424,42,2 (5) Employ personnel, and fix and regulate their compensation; and provide, either directly or subject to an agreement under s. 66.0301 as a participant in a benefit plan of another municipality, any employee benefits, including an employee pension plan.

SB424,42,5 (6) Purchase insurance, establish and administer a plan of self-insurance, or, subject to an agreement with another political subdivision under s. 66.0301, participate in a governmental plan of insurance or self-insurance.

SB424,42,8 (7) Set standards governing the use of, and the conduct within, its park facilities and recreational facilities in order to promote public safety and convenience and to maintain order.

SB424,42,16 (8) (a) To carry out its functions, levy a tax on the taxable property in the district, as equalized by the department of revenue under s. 70.57. Except as provided in par. (b), the board of directors shall establish the tax levy rate, subject to the limitation under s. 229.861 (5) (a) 5. The tax levy shall be applied to the respective real property and personal property tax rolls of the city, village, and town included in the district and shall not be included within any limitation on county or municipality taxes. Collected taxes levied under this paragraph shall be paid to the district treasurer.

SB424,43,9 (b) In any year, the board of directors may adopt a resolution to establish a tax levy rate that exceeds the tax levy rate limitation under s. 229.861 (5) (a) 5., except that such a tax levy rate may not take effect until the resolution is approved by a majority of the electors in the district's jurisdiction voting on the resolution at a referendum, to be held at the first spring primary, spring election, September primary, general election, or special election held throughout the district that is held at least 45 days after the date of adoption of the resolution. The question shall be submitted as follows: "The tax levy rate for the tax imposed in .... [name of the district] for purposes related to park facilities for the year .... [year] is $ .... per $1,000 of equalized value. The maximum tax levy rate that .... [name of the district] may impose in any year is $ .... per $1,000 of equalized value. Shall the .... [name of the district] be allowed to exceed this maximum rate limit for .... [a specified number of years] [an indefinite period] by $ .... per $1,000 of equalized value, resulting in a tax levy rate of $ .... per $1,000 of equalized value?" The clerk of the district shall publish the notices required under s. 10.06 (4) (c), (f), and (i) for any referendum held under this paragraph. Notwithstanding s. 10.06 (4) (c), the type A notice under s. 10.01 (2) (a) relating to the referendum is valid even if given and published late as long as it is given and published prior to the election as early as practicable.

SB424,43,11 (9) Accept gifts and other aid, which may be used only for the following purposes:

SB424,43,12 (a) Maintaining the park facilities.

SB424,43,13 (b) Operating the park facilities.

SB424,43,14 (c) Making capital improvements to the park facilities.

SB424,43,16 (10) Administer the receipt of revenues, and oversee the payment of bills or other debts incurred by the district.

SB424,43,18 (11) With regard to the elected members of the board of directors, change any decision imposed by an arbitrator under s. 229.861 (5) (b).

SB424,43,19 (12) Adopt a resolution to impose impact fees under s. 66.0617.

SB424,43,20 (13) Issue debt under ch. 67 only for capital improvements to park facilities.

SB424,43,24 229.864 Powers and duties of, and limitations on, municipalities. (1) The number of members of the board of directors specified in s. 229.861 (6) (a) may be changed only by an agreement that is approved unanimously by the governing bodies of each municipality that makes up the jurisdiction of the district.

SB424,44,5 (2) Except as otherwise provided in this section, the governing bodies of each municipality that makes up the jurisdiction of the district may not create a park or expend any funds to support municipal park facilities, impose an impact fee under s. 66.0617 for municipal park facilities, or impose fees in lieu of land dedications under ch. 236 after the imposition of the taxes described under s. 229.863 (8).

SB424,44,7 (3) In addition to any powers that it may otherwise have, a municipality located wholly or partly within a district's jurisdiction may do any of the following:

SB424,44,9 (a) Make loans to a district upon terms that the municipality considers appropriate.

SB424,44,11 (b) Lease or transfer property to a district upon terms that the municipality considers appropriate.

SB424,44,17 229.865 Dissolution of district. Subject to providing for the payment of its debts, and the performance of its other contractual obligations, a district may be dissolved by the action of the board of directors. If the district is dissolved, the board of directors shall certify to the department of revenue that the district is dissolved, and the property of the district shall be transferred to the municipalities in the jurisdiction by the board of directors, based on at least all of the following factors:

SB424,44,19 (1) The current value of park facilities transferred by a municipality to a district.

SB424,44,21 (2) The amount of money contributed to the district during its existence by a municipality under s. 229.864 (2).

SB424,44,23 (3) The amount of any other contribution made by a municipality to a district, including any contribution that is made under s. 229.864 (3).

SB424,44,24 (End)