AB510: Bill Text

AB510,54,19 (b) If a municipality adopts a resolution declaring its intention to withdraw from the district and if the governing bodies of all of the other municipalities that are part of the district approve the resolution, the district shall dissolve as provided in s. 229.867 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 district shall negotiate a settlement agreement to compensate that district for the property or facilities that are located in the municipality, based on at least all of the following factors:

AB510,54,20 1. The current value of property or facilities that are transferred.

AB510,54,22 2. The amount of money or any other contribution made by the district for the property or facilities that are transferred.

AB510,54,24 3. The amount of money or any other contribution made by the municipality for the property or facilities that are transferred.

AB510,55,7 (c) If the municipality and the district are unable to negotiate a settlement under par. (b) within 60 days after the last governing body approves the municipality's resolution 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. The municipality shall comply with the arbitrator's decision during any court challenge to the decision.

AB510,55,13 (d) A withdrawal under this subsection takes effect on the 3rd Tuesday of April following the date on which a settlement is reached or the date on which an arbitrator sends written notification of his or her decision, except that if a withdrawal would otherwise become effective during the period beginning on November 1 and ending on the succeeding 3rd Tuesday of April, the withdrawal becomes effective on the 2nd succeeding 3rd Tuesday of April following that date.

AB510,55,15 (e) On the effective date of any withdrawal, the office of each member of the commission who resides in the withdrawn municipality is vacated.

AB510,55,20 229.862 Jurisdiction and expansion. (1) 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 territory that is subject to inclusion in a district under s. 229.861 (2) (b) other than territory located in a municipality that has opted out under s. 229.861 (2) (b).

AB510,55,24 (2) If only the urbanized part of a town is part of a district, the remainder of the town shall be added to the district if it becomes an urbanized area. Upon the approval of the commission, the nonurbanized area of a town may be added to a district at any time.

AB510,56,4 (3) If the governing body of a city or village that is not in a district's urbanized area adopts a resolution requesting that it become part of a district, the city or village may become part of the district only upon the approval of at least 50% of the governing bodies of the municipalities that are part of the district.

AB510,56,9 (4) If a municipality that opts out of a district by adopting a resolution under s. 229.861 (2) (b) adopts a resolution requesting that it become part of a district, the municipality may become part of the district only upon the approval of the commission and all of the governing bodies of the municipalities that are part of the district.

AB510,56,16 (5) Following the redesignations of urbanized areas by a regional planning commission under s. 66.0309 (8) (c) 2., or by a county under s. 59.69 (2) (g) 3., a municipality that becomes part of an urbanized area in which a district exists shall become a part of the district in which it is located, unless the municipality's governing body opts out of the district by adopting a resolution, not later than 60 days after the redesignation takes effect, stating that it does not wish to become part of a district.

AB510,56,21 (6) (a) Subject to par. (b) and s. 229.865 (1), the commission and each municipality that is part of the district's initial jurisdiction, or that becomes part of the district as described under this section, shall determine which property, facilities, and other assets of the municipality shall be transferred from the municipality to the district.

AB510,56,22 (b) 1. A municipality shall transfer to the district all of the following:

AB510,56,25 a. Real property and attachments that relate to a service provided by the district and liability for any debt that is associated with such property and attachments.

AB510,57,3 b. All vehicles and specialized equipment that relate to a service provided by the district and that have a fair market value of at least $50,000 and liability for any debt that is associated with such vehicles and equipment.

AB510,57,6 2. A municipality may transfer, sell, lease, or donate to the district, or to any other person if the district does not want the item, any property or asset that is not specified in subd. 1.

AB510,57,9 3. If any property or other asset that is transferred by a municipality to the district is not used by the district, the district shall return the property or asset to the municipality from which it was received.

AB510,57,16 (c) If the commission and a municipality are unable to reach an agreement on the property, facilities, or other assets that are to be transferred to the district under par. (a) or (b) within 90 days after the municipality becomes part of a district, and the system of payments for such items, the municipality and the district shall agree on the selection of an arbitrator who shall decide the terms of the settlement and send written notification of his or her decision to all parties, within 30 days after his or her appointment.

AB510,57,20 (7) Eligible electors of a municipality who are included in the expanded jurisdiction of a district may vote for members of the commission at the first election occurring after the effective date of the expansion at which members of the commission are elected.

AB510,57,22 229.863 Powers of district. (1) A district has all of the powers necessary or convenient to carry out the purposes and provisions of this subchapter.

AB510,57,24 (2) Subject to sub. (3), a district shall provide at least 2 governmental services, which shall include at least one of the following:

AB510,58,4 (a) Economic development services directed at attracting business to the district. Upon request of a district, any municipality within the district shall cooperate with the district in the district's provision of economic development services under this paragraph.

AB510,58,12 (b) Land use planning, by developing a comprehensive plan, as that term is used in s. 66.1001 (1) (a), for the district as if the district were a local governmental unit under s. 66.1001 (1) (b), and by encouraging all of the municipalities in the district to adopt comprehensive plans under s. 66.1001 that are consistent with the plan adopted by the district. A district's comprehensive plan under this paragraph shall be adopted by the district as soon as possible. Such a plan may be used only for advisory purposes, unless the district exercises zoning powers under par. (e) and (3) (b) and except as provided in sub. (3) (c).

AB510,58,13 (c) Fire and emergency medical services.

AB510,58,14 (d) Parks and recreation services.

AB510,58,15 (e) Zoning.

AB510,58,16 (f) Mass transit services.

AB510,58,17 (g) Highway maintenance services.

AB510,58,18 (h) Police.

AB510,58,19 (i) Recycling.

AB510,58,20 (j) Yard waste and garbage collection.

AB510,58,21 (k) Libraries.

AB510,59,2 (3) (a) 1. If all of the municipalities that are part of a district adopt a resolution requesting that the district provide a service, the district shall provide that service. If one or more, but not all, of the municipalities that are part of a district adopt a resolution requesting that the district provide a service, the district may either provide the service to or within the municipalities that have requested the service or the district may choose to not provide the service.

AB510,59,11 2. If less than all of the municipalities in a district request that the district provide a service and if the district provides the service, the residents of each municipality that has not adopted a resolution requesting that the service be provided may petition the municipality's governing body to either adopt such a resolution or provide for an advisory referendum. The petition and referendum requirements under s. 9.20 (1) to (6), as they apply to direct legislation in cities and villages, shall apply to a petition and referendum that is undertaken under this subdivision, except that a referendum question, if approved by the electors, is not binding.

AB510,59,14 3. If a district provides a service to only some of the municipalities in the district, only the municipalities that receive the service may be charged a fee by the district for that service.

AB510,59,21 (b) If a district engages in zoning under sub. (2) (e), the district shall exercise authority under s. 62.23 (7) and act as if it were a city. A district acting under this paragraph may create a "District Plan Commission" to act as if it were a "City Plan Commission" as described in s. 62.23 (1). If a district acts under this paragraph all zoning ordinances that were enacted by a municipality, that is part of the district, before the district exercises zoning authority under this paragraph remain in effect until the district amends or repeals the ordinances.

AB510,60,2 (c) If at the time a district is created a town is subject to county zoning under s. 59.69, town zoning under s. 60.61, or is unzoned, that portion of the town that is part of the district shall be subject to the district's comprehensive plan upon the plan's adoption. The town shall also be subject to district zoning authority that may be exercised under sub. (2) (e), notwithstanding s. 59.69 (5) (c).

AB510,60,4 (d) 1. If the district provides fire and emergency medical services under sub. (2) (c), the commission shall establish a board of fire commissioners.

AB510,60,6 2. If the district provides police services under sub. (2) (h), the commission shall establish a board of police commissioners.

AB510,60,9 3. If the district provides both fire and emergency medical services under sub. (2) (c), and police services under sub. (2) (h), the commission shall establish a board of police and fire commissioners.

AB510,60,11 4. A board created under this paragraph shall be organized in the same manner as boards of police and fire commissioners under s. 62.13 (1).

AB510,60,17 5. A board created under this paragraph is subject to the provisions of s. 62.13 (2) to (5) and (7) to (12) to the extent that the provisions apply to 2nd and 3rd class cities. In applying s. 62.13 under this paragraph the commission's chairperson has the powers and duties specified for a mayor, the commission has the powers and duties specified for a common council and the district has the powers and duties specified for a city.

AB510,60,22 6. If the district provides fire protection services, the fire fighters employed by the district, subject to par. (g), who are not subject to Titles II and XVIII of the federal Social Security Act on the day on which they become employees of the district, shall continue not to be subject to those provisions unless the fire fighters and the district agree otherwise through the collective bargaining process.

AB510,60,25 (e) A district may provide services relating to the operation, enhancement, improvement, and promotion of an existing mass transit system. "Mass transit system" has the meaning given in s. 85.20 (1) (e).

AB510,61,7 (f) 1. A municipality may provide all or certain parts of the work of maintaining the highways under its jurisdiction, including snow removal, highway lighting, and highway surface cleaning, by contracting with a district to provide highway maintenance services. Notwithstanding s. 229.861 (5) (e), a municipality that joins a district providing services under sub. (2) (g) may specify which highway maintenance services shall be provided by the district and need not have all highway maintenance services provided by the district.

AB510,61,13 2. A district that provides services under sub. (2) (g) may contract with the department of transportation to provide highway maintenance services under s. 84.07. The department of transportation may require the district to adopt the uniform system of cost accounting required of counties under s. 83.015 (3) (d) before entering into a contract with the district to provide highway maintenance services under s. 84.07.

AB510,62,5 3. A municipality that contracts with a district under subd. 1. to provide highway maintenance services shall transfer to the district, within 30 days of receipt by the municipality of any transportation aids payment under s. 86.30 or 86.32, that percentage of the payment that represents the cost of the highway maintenance services to be provided by the district as compared to, with respect to aids paid under s. 86.30, the cost of all other transportation-related services provided by the municipality and, with respect to aids paid under s. 86.32, the cost of all other connecting highway maintenance services provided by the municipality. The percentage transferred under this subdivision shall be consistent with the municipality's reporting of cost data under s. 86.303. For purposes of reporting under s. 86.303, a municipality that contracts with a district under subd. 1. to provide highway maintenance services shall include such highway maintenance services in its report under s. 86.303 and specify that such services are provided by a district, and shall further specify the amount of transportation aids transferred to the district for the performance of such services. A district receiving a transfer under this subdivision of aids paid to a municipality under s.86.30 is subject to the provisions of s. 86.30 (2) (f).

AB510,62,10 (g) 1. Whenever a municipality becomes a part of a district, the district shall employ all municipal employees who provided the services that will henceforth be provided by the district if the employees, as municipal employees, were included in a collective bargaining unit for which a representative is certified under subch. IV of ch. 111.

AB510,62,15 2. Until the expiration date of the applicable collective bargaining agreement specified in subd. 1., the district shall provide the municipal employees who become district employees wages and benefits at least equal to those provided under the collective bargaining agreement and shall adhere to all terms of the collective bargaining agreement relating to seniority and hours and conditions of employment.

AB510,62,22 3. The district shall employ the municipal employees specified under subd. 1. until the expiration date of the applicable collective bargaining agreement that covered the employees while they were municipal employees. Beginning on that expiration date, the district may offer continued employment to these employees under sub. (4) (e) and all such employees hired by the district, for seniority purposes, shall be considered to have been employed by the district for the same period of time as they were employed by their municipal employer.

AB510,63,3 4. Notwithstanding s. 111.70 (4) (d), if, in any collective bargaining unit that is initially created at a district, a majority of the former municipal employees were represented by the same representative when they were employed by a municipality, that representative shall become the initial representative of the employees in the collective bargaining unit without the necessity of filing a petition or conducting an election.

AB510,63,5 (4) In addition to all other powers granted by this subchapter, a district may do all of the following:

AB510,63,6 (a) Adopt and alter an official seal.

AB510,63,7 (b) Sue and be sued in its own name, and plead and be impleaded.

AB510,63,8 (c) Maintain an office.

AB510,63,10 (d) In connection with property or facilities used or needed by a district to perform the services it provides:

AB510,63,12 1. Acquire, develop, equip, maintain, improve, operate, and manage such property or facilities.

AB510,63,14 2. Enter into contracts, subject to such standards as may be established by the commission.

AB510,63,15 3. Grant concessions.

AB510,63,16 4. Operate recreational facilities or programs.

AB510,63,20 (e) 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.

AB510,63,23 (f) 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.

AB510,64,3 (g) Set standards governing the use of, and the conduct within, its property, facilities, and recreational facilities in order to promote public safety and convenience and to maintain order.

AB510,64,12 (h) 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. The commission shall establish the tax levy rate. The tax levy shall be applied to the respective real property and personal property tax rolls of each city, village, and town, or part of a 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. Collected taxes levied under this paragraph may not be used to provide a service that is not provided to every municipality within the district.

AB510,64,14 (i) Accept gifts and other aid, which may be used only for the following purposes:

AB510,64,15 1. Maintaining the district's property or facilities.

AB510,64,16 2. Operating the district's property or facilities.

AB510,64,17 3. Making capital improvements to the district's property or facilities.

AB510,64,19 (j) Administer the receipt of revenues, and oversee the payment of bills or other debts incurred by the district.

AB510,64,20 (k) Adopt a resolution to impose a room tax under s. 66.0615 (1m) (em).

AB510,64,21 (L) Adopt a resolution to impose impact fees under s. 66.0617.

AB510,64,23 (m) Issue debt under ch. 67 only for capital improvements to property or facilities.

AB510,65,3 (n) Request that a county or a regional planning commission redesignate the urbanized areas of the county or the region before the 10-year period specified in ss. 59.69 (2) (g) 3. and 66.0309 (8) (c) 2.

AB510,65,17 229.864 Powers and duties of, and limitations on, municipalities. (1) The number of members of the commission determined under s. 229.861 (3) (a) 1. may be changed only by an agreement that is approved unanimously by ordinance or resolution of the governing bodies of each municipality that makes up the jurisdiction of the district. Each such ordinance or resolution shall include an identical revised schedule for expiration of the terms of office of the commissioners under s. 227.861 (4) (d) that does not change the term of office of any current or future commissioner and if commissioners are elected pursuant to an apportionment plan under s. 229.861 (4) (b) 1., an identical revised apportionment plan. Any change that is adopted or enacted by all municipalities on or before November 1 of any year is effective with respect to terms of office that begin on the 3rd Tuesday of April following that November 1. Any change that is adopted or enacted by all municipalities after November 1 of any year is effective with respect to terms of office that begin on the 2nd succeeding 3rd Tuesday of April following that November 1.

AB510,65,22 (2) Except as otherwise provided in this section, the governing body of each municipality that makes up the jurisdiction of the district may not expend any funds to support property or facilities that are owned by the district, or impose an impact fee under s. 66.0617 for property or facilities that are related to providing a service being provided by a district to that municipality.

AB510,65,24 (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:

AB510,66,2 (a) Make loans to a district upon terms that the municipality considers appropriate.

AB510,66,4 (b) Lease or transfer property to a district upon terms that the municipality considers appropriate.

AB510,66,9 (4) No city or village may annex any town territory under s. 66.0217, 66.0219, 66.0221, or 66.0223 if that territory is part of the same district of which the annexing city or village is a part, except that such territory may be annexed under a boundary agreement under s. 66.0307, or such territory may be annexed at the request of the property owner and with the approval of the town board.

AB510,66,18 (5) The board of any town which, in whole or in part, is located in a district that provides the town with zoning and planning services under s. 229.863 (2) (e) and (3) (c) may exercise all powers of cities under s. 66.1105 in the part of the town that is subject to such district services. If the town board exercises the powers of a city under s. 66.1105, it is subject to the same duties as a common council under s. 66.1105 and the town is subject to the same duties and liabilities as a city under s. 66.1105. If the town board exercises the powers of a city under s. 66.1105, the town shall enter into a revenue sharing agreement under s. 66.0305 with every other municipality in the district.

AB510,66,23 (6) (a) If all of the municipalities in a district are covered by full-time police service that is provided by an entity other than the county or the district, each of the municipalities shall be reimbursed by the county in an amount that equals 50% of the municipality's share of the county tax levy for the sheriff's department, other than costs related to the county jail and administration of the sheriff's department.

AB510,67,3 (b) If all of the municipalities in a district are covered by full-time police service that is provided by the district, the district shall be reimbursed by the county in an amount that equals 50% of each municipality's share of the county tax levy for the sheriff's department, other than costs related to the county jail and administration of the sheriff's department.

AB510,67,10 229.865 Dispute resolution, veto panel. (1) (a) Upon the creation of a district under this subchapter, there shall be created for that district a veto panel, the membership of which shall be the chief executive officer of each municipality that is part of the district. If a municipality becomes part of a district after its creation, the chief executive officer of the municipality shall become a member of the veto panel. A veto panel that is created under this section shall dissolve on the first day of the 120th month beginning after its creation.

AB510,67,24 (b) If the commission takes any action on an item that is specified on the list that is described in s. 229.861 (3) (a) 4., the clerk of the commission shall send a written description of the action taken to the members of the veto panel and to the municipal clerk of each municipality that is part of the district. Each member of the panel may notify the clerk in writing, not later than 10 business days after he or she receives the description of the action taken, that he or she objects to the commission's action. If at least 50% of the members of the panel object to the commission's action as provided in this paragraph, the action of the commission is vetoed and may not take effect. If an action of the commission is vetoed, the clerk shall include a veto override session in the agenda of the commission's next regularly scheduled meeting, although an override session may be held at an emergency meeting that is called before the next regularly scheduled meeting. If two-thirds of all of the members of the commission vote to override the veto, the commission's action that was vetoed takes effect notwithstanding the objections of the veto panel.

AB510,68,3 (2) Other than a dispute for which arbitration is specified in this subchapter, any dispute between a commission and a municipality, in any of the following areas, shall be submitted to arbitration under ch. 788:

AB510,68,4 (a) The creation of a district.

AB510,68,5 (b) The governance of a district.

AB510,68,6 (c) The functions of a district.