1997 Wisconsin Act 254

254,103 Section 103 . 197.05 (1) and (2) of the statutes are amended to read:

197.05 (1) The Upon receipt of the notice under s. 197.03, the commission shall thereupon set a time and place for a public hearing upon the matters of the just compensation to be paid for the property of such the public utility, wheresoever wherever situated, actually used and useful for the convenience of the public, and of all other terms and conditions of the purchase, and. The commission shall give to the interested municipality and the public utility interested, not less than 30 days' notice of the time and place such at which the hearing will be held, and such the matters to be considered and determined, and at the hearing. The municipality shall publish in the county in which such the public utility is located a class 3 notice, under ch. 985, of the hearing.

(2) The commission shall, by order, fix and determine and certify to the municipal council governing body of the municipality, to the public utility and to any bondholder, mortgagee, lienor or any other person having or claiming to have any interest in such the public utility appearing upon such at the hearing, just compensation to be paid for the taking of the property of such the public utility actually used and useful for the convenience of the public and all other terms and all conditions of purchase which it that the commission shall ascertain to be reasonable.

254,104 Section 104 . 197.05 (3) of the statutes is renumbered 197.05 (3) (a) and amended to read:

197.05 (3) (a) The compensation and other terms and the conditions of purchase thus certified by the commission under sub. (2) shall constitute the compensation and terms and conditions to be paid, followed and observed in the purchase of such the plant from such the public utility. Upon the filing of such certificate the order issued under sub. (2) with the clerk of such the municipality the absolute title of the property taken shall vest in such the municipality, and, as. As to any such property to be taken that is located outside of Wisconsin, the circuit court is vested with power to require such the public utility company to convey the same property to the municipality.

(b) Municipalities in adjoining states which that have determined to acquire a public utility, part of which is located in Wisconsin, are authorized to acquire and to hold and operate any part of such the public utility located in Wisconsin, provided, such the adjoining state gives a similar power to Wisconsin municipalities.

Note: The reference to “certificate" is changed to “order" for internal consistency. Replaces obsolete term “municipal council" with current terminology, breaks up long sentences and subdivision, inserts specific cross-references and references and replaces other language.

254,105 Section 105 . 198.01 (3m) of the statutes is created to read:

198.01 (3m) “County clerk" means the clerk of the county containing the largest number of voters within a district or proposed district.

Note: Moves the definition of “county clerk" from s. 198.03 (1) to clarify the meaning of the term throughout the chapter.

254,106 Section 106 . 198.02 of the statutes is amended to read:

198.02 District, creation, powers. A municipal power district may be created as provided in this chapter and when so created shall be considered a municipal corporation and may exercise the powers herein granted in this chapter. Any two 2 or more municipalities, whether contiguous or otherwise or in the same or different counties, may organize and incorporate as a municipal power district, but no. No municipality shall may be divided in the formation of such a municipal power district, nor shall any and no municipality shall be included therein in a municipal power district unless approved by a majority of the votes cast thereon in that municipality at an election under s. 198.06 on such the proposition of whether a district should be created.

Note: Breaks up long sentences, replaces word form of number with digits, inserts specific cross-references and references and replaces other language.

254,107 Section 107 . 198.025 of the statutes is amended to read:

198.025 Plan for district. It shall be the duty of the public service commission upon request of the governing body of any city, village or town to work out with such the municipality, or with any group of municipalities interested with it in the creation of a municipal power district, a feasible working plan for a proposed district.

Note: Section 198.01 (3) defines “commission" to mean the public service commission.

254,108 Section 108 . 198.03 (title), (1) and (2) of the statutes are amended to read:

198.03 (title) Procedure for organizing district; initiation.

(1) Initial resolution. The governing bodies of one-half or more of the municipalities proposed to be included in the district shall first pass resolutions, declaring that public interest or necessity demands the creation and maintenance of a municipal power district to be known as “the .... (giving the name) municipal power district". Such The resolutions shall name the municipalities to be included in the proposed district. Certified copies of such the resolutions shall next be presented to the county clerk of the county containing the largest number of voters within the proposed district, requesting said the county clerk to call an election without delay for determining whether such the district shall be created.

(2) Petition in lieu of resolution. In lieu of the resolutions provided for by sub. (1), a petition may be presented to the county clerk of said county signed by at least ten per cent 10% of the voters in said the proposed district. Such The petition shall declare that, in the opinion of the petitioners, public interest or necessity demands the creation and maintenance of a municipal power district. The petition may be on separate sheets of paper, but each sheet shall contain the affidavit of the person who circulated the same sheet, certifying that each name signed thereto on that sheet is the true signature of the person whose name it purports to be.

Note: Clarifies title, replaces word form of number with digits, inserts specific references and replaces other language.

254,109 Section 109 . 198.04 of the statutes is amended to read:

198.04 (title) Second Procedure for organizing district; 2nd step. (1) Notice to commission. Upon receipt of the certified copies of the resolutions adopted under s. 198.03 (1) or the petition mentioned in presented under s. 198.03 ,such (2), the county clerk shall forthwith immediately notify the public service commission in writing that the municipalities filing said the resolutions or those named in said the petition as constituting the proposed power district had petitioned the county clerk to call an election without delay for determining whether such the district should be created.

(2) Report of commission. Within ninety 90 days after receipt of said the notice of the county clerk under sub. (1), the public service commission shall file in writing with said the county clerk its written recommendations as to the feasibility or nonfeasibility of the proposed district with reasons therefor for the commission's recommendations. Certified copies of such the commission's recommendations shall at the same time be filed by the commission with the clerk of each municipality included within said the proposed district.

(3) Election called. Upon receipt of such the commission's recommendations of the commission, or upon expiration of the ninety day 90-day period referred to in sub. (2), said the county clerk shall call without delay an election within the proposed district for the purpose of determining whether the proposed district shall be created.

Note: Section 198.01 (3) defines “commission" to mean the public service commission. Clarifies title, replaces word form of number with digits, inserts specific references and cross-references and replaces other language.

254,110 Section 110 . 198.05 of the statutes is amended to read:

198.05 Subdistricts, boundaries. Every petition or resolution provided for in s. 198.03 shall divide the proposed district into five 5 subdistricts, giving each a number, except as provided in s. 198.07 (3). In the event that the boundaries of the district as originally proposed are changed at the election, provided for by s. 198.06, and approved by the commission pursuant to s. 198.06 (5), the commission shall make such adjustments in the boundaries of the subdistricts as may be that are necessary to comply with s. 198.07.

Note: Replaces word form of number with digits.

254,111 Section 111 . 198.06 (5) of the statutes is renumbered 198.06 (5) (a) and amended to read:

198.06 (5) (a) The board of canvassers shall cause a certified copy of the order declaring the result of the election to be filed in the office of the secretary of state. A certified copy of the order shall also be filed with the clerk of each municipality included in the district, with the county clerk, and with the public service commission. In case

(b) If the district as finally constituted comprises a smaller area than originally proposed, because of the failure of one or more municipalities to approve the district at the election, then, within 10 days following the filing under par. (a) with the commission, the commission shall, within 10 days following the filing of the order under par. (a) with the commission, file its approval or disapproval of the district as created by the election with the secretary of state, the clerk of each municipality included in the district and the county clerk. In such case, from and after If the commission approves, upon the filing by the commission of the approval the creation and incorporation of the district shall be deemed considered complete, or. If the commission disapproves, the district shall be deemed considered dissolved , as the. Except as provided in par. (c), the approval or disapproval of the commission shall determine, and in the case of municipal water districts created under s. 198.22, be final.

(c) In the case of municipal water districts created under s. 198.22, the approval or disapproval of the commission shall be final unless objection thereto to the commission's decision is made to the public service commission by one or more of the governing bodies of the municipalities which would otherwise be included in the district.

(d) If a district has been approved by all of the municipalities within the district as proposed, the creation and incorporation of the district shall be deemed considered complete from and after upon the filing of the result of the election with the secretary of state by the board of canvassers.

Note: Subdivides provision, breaks up long sentences, inserts specific references, and replaces, reorders and simplifies language for greater readability and conformity with current style.

254,112 Section 112 . 198.06 (6) of the statutes is amended to read:

198.06 (6) Expenses of election, payment. All amounts properly incurred and actually expended by any municipality or the clerk thereof in publishing notices of any primary or election, in employing persons to conduct the election or in performing other duties imposed upon the municipality or upon the clerk thereof of the municipality by any provision of this chapter shall be paid as other similar expenses of the municipality are paid and shall be a charge in favor of the municipality against the district to be repaid, together with interest thereon at the rate of 6% per year, upon the presentation of proper vouchers therefor for the charges by the clerk of the municipality to the district, when and as the district has funds available for that purpose.

Note: Inserts specific references and deletes unnecessary phrase. Deletes “primary" as that term is not used elsewhere in ch. 198.

254,113 Section 113 . 198.07 (1) of the statutes is amended to read:

198.07 (1) The government of each district shall be vested in a board of five 5 directors.

Note: Replaces word form of number with digits.

254,114 Section 114 . 198.07 (2) of the statutes is amended to read:

198.07 (2) The boundaries of the subdistricts shall be drawn in such a manner so that each shall contain approximately an equal number of voters, except that no municipality shall contain more than two 2 subdistricts, nor shall any municipality be divided unless it shall comprise more than one subdistrict.

Note: Replaces word form of number with digits and replaces other language.

254,115 Section 115 . 198.07 (3) of the statutes is renumbered 198.07 (3) (intro.) and amended to read:

198.07 (3) (intro.) Where a district includes a municipality containing voters in excess of fifty per cent that contains more than 50% of the voters in the entire district there shall be appointed a, all of the following apply:

(a) A director at large shall be appointed.

(b) The territory in said the district, other than that contained in said the municipality described in sub. (3) (intro.), shall be divided into only 2 subdistricts.

Note: Subdivides provision, inserts specific references and cross-references, replaces word form of number with digits and replaces, reorders and simplifies language for greater readability and conformity with current style.

254,116 Section 116 . 198.08 (2) of the statutes is amended to read:

198.08 (2) (title) Appointment ; meeting of municipal executive officers. Within ten 10 days after the creation and incorporation of such a municipal power district shall have been is completed the chief executives in each subdistrict containing more than one municipality shall meet for the selection of a director for said the subdistrict. The time and place of such the meeting shall be designated by said the county clerk.

Note: Clarifies title, replaces word form of number with digits and replaces other language.

254,117 Section 117 . 198.08 (3) of the statutes is amended to read:

198.08 (3) (title) Appointment, continued vote by municipal executive officers. In the selection of a director for a subdistrict each chief executive shall have one vote for each one thousand 1,000 voters within that chief executive's municipality, or such the part thereof as of the municipality that is located in said the subdistrict. A three-fourths vote shall be necessary for the selection of a director. The result of said the selection of the director shall be certified to by the chairperson and clerk of said the meeting and forthwith immediately filed with the secretary of state and the clerk of each municipality in said the district.

Note: Clarifies title, replaces word form of number with digits and replaces other language.

254,118 Section 118 . 198.08 (5) of the statutes is amended to read:

198.08 (5) Appointment by executive. Where a municipality contains two 2 subdistricts or where a subdistrict includes only one municipality, the chief executive of such the municipality shall select a director for each such subdistrict, and shall immediately file forthwith a certified copy thereof of the selection as provided by sub. (3).

Note: Replaces word form of number with digits and replaces other language.

254,119 Section 119 . 198.08 (7) of the statutes is amended to read:

198.08 (7) Term, oath. The regular term of directors of the district after the first term shall be for four 4 years. Each director shall hold office until the director's successor is selected and qualifies. Each director shall, before entering upon the discharge of the director's duties, take and subscribe to the constitutional oath of office. Such Each director's oath shall be filed in the office of the clerk of the district.

Note: Replaces word form of number with digits and replaces other language.

254,120 Section 120 . 198.08 (9) of the statutes is amended to read:

198.08 (9) Classification. Directors selected from odd numbered odd-numbered subdistricts shall for the first term serve for a period which that shall end two 2 years after the first Monday of May of the next even numbered even-numbered year. Directors selected from even numbered even-numbered subdistricts shall for the first term serve for a period which shall end four 4 years after the first Monday of May of the next even numbered even-numbered year. For the purposes of this section directors at large shall be considered to be from odd numbered odd-numbered subdistricts.

Note: Replaces word form of number with digits and replaces other language.

254,121 Section 121 . 198.09 of the statutes is amended to read:

198.09 Vacancies, declared, filled. The death of a director, the A director's death, resignation, the director's disability inability to continue for any cause to act as director or the director's change of residence from the subdistrict in which the director was selected shall vacate that director's office. The board shall by resolution declare the office vacant and a certified copy of such the resolution shall be filed forthwith immediately by the clerk of the district with the clerk of each municipality included within the district. A successor for the unexpired term shall, within twenty 20 days after such the filing of the resolution, be selected by the officer or officers who selected the director whose office has been declared vacant.

Note: Replaces word form of number with digits and replaces other language.

254,122 Section 122 . 198.10 (1) of the statutes is amended to read:

198.10 (1) Taxable property, taxes. All real property situated in and all personal property the situs of which for purposes of general property taxation is in the district shall be subject to taxation in and by the district for a direct annual tax sufficient to pay the interest on any indebtedness of said the district, and also to pay and discharge the principal thereof of the indebtedness within twenty 20 years from the time of contracting the same indebtedness.

Note: Replaces word form of number with digits and replaces other language.

254,123 Section 123 . 198.11 (1) of the statutes is amended to read:

198.11 (1) Each director of the district shall receive compensation from the district for the director's services as such a director at the rate of ten dollars $10 for each day that the director shall attend attends meetings of the board or of any committee of the board of which the director shall be is a member, when the meeting of such the committee is authorized by vote or resolution of the board, but such except that the compensation paid to a director shall not exceed the sum of one thousand dollars $1,000 in any one year. Each director shall also be entitled to be reimbursed for the actual and necessary traveling and hotel expenses incurred by the director whenever it shall be necessary for the director to travel outside of the municipality in which the director resides to attend meetings of the board or a committee of the board of which the director is a member or to render any other service or discharge any other duty to the district which may be required of the director by law or by vote or resolution of the board.

Note: Replaces word form of number with digits and replaces other language.

254,124 Section 124 . 198.13 (3) (a) and (b) of the statutes are amended to read:

198.13 (3) (a) Where If within two 2 years of its creation a district has not become the owner or operator, or commenced construction, of a public utility. Any time consumed in any proceeding or contest before any commission or court shall not be included as part of said two year 2-year period.

(b) Where If a district has disposed of all of its utility property and for one year thereafter shall has not have owned or operated a public utility.

Note: Replaces word form of number with digits and replaces other language.

254,125 Section 125 . 198.13 (5) of the statutes is amended to read:

198.13 (5) In the event of dissolution, a district shall first retire all outstanding obligations of the district insofar as the proceeds derived from such the disposal of its utility property will permit, and all. All assets or proceeds remaining, if any, shall be distributed to municipalities within the boundaries of the district in proportion to the taxes levied and collected by them for the district during the existence of the district, up to an amount sufficient to repay all such of those taxes ; and any. Any proceeds remaining proceeds after repayment of the taxes shall be distributed to such the municipalities within the boundaries of the district in proportion to the shares of the gross operating revenues of the district for its last full five 5 years of operation derived from payments for services furnished within the boundaries of each such municipality.

Note: Breaks up long sentence, inserts specific references, replaces word form of number with digits and replaces other language.

254,126 Section 126 . 198.14 (9) of the statutes is renumbered 198.14 (9) (intro.) and amended to read:

198.14 (9) Bond issues, debt limit. (intro.) To provide by ordinance for the issuance and sale of bonds of the district to finance the purchase, acquisition or construction of any utility or parts thereof of the utility or additions, extensions or betterments thereto, when and as the same to the utility, that may be authorized, and to authorize and require the execution of such the bonds by the chairperson of the board and the clerk of the district under the corporate seal of the district, and to approve the form of such the bonds and prescribe the duties of the clerk and treasurer of the district with respect to the sale thereof of the bonds and the application of the proceeds to the purposes for which the same bonds were issued; provided, that the. Bonds issued under this subsection shall be subject to all of the following:

(a) The total amount of all indebtedness of the district shall not exceed five per centum on 5% of the assessed value of the taxable property in the district, to be ascertained by the last preceding assessment for the state and county taxes, and provided, that by the.

(b) The ordinance authorizing such the indebtedness there shall be levied levy a direct, annual, district tax sufficient to pay the interest on such the debt as it falls becomes due, and also to pay the principal thereof of the debt within twenty 20 years from the time of contracting the same debt.

(c) All of the bonds shall mature in annual instalments, and the. The first instalment of principal shall fall be due and be payable not later than two 2 years after the date of issue; and the. The sum of the principal and interest due in any year after the first year shall not exceed the sum of the principal and interest due in any previous year by more than a denomination of a single bond issued.

(d) All such of the bonds shall contain a provision requiring redemption thereof of the bond, in whole or in part, at the option of the district on any interest payment date after three 3 years from the date of the bonds.

(e) The authorization by the board of any such bonds shall be approved by a majority vote of the electors of the district voting at a referendum election noticed, held, conducted, and canvassed and the returns thereof made as nearly as may be in the manner provided for a referendum vote on the issuance of county bonds under ch. 67.

(f) The income of a district from any source other than taxation may be applied for the payment of part or all of the instalments of interest on and principal of such the bonds due in any year, and any . Any surplus remaining over may be redistributed at any time to municipalities within the boundaries of such the district in proportion to, and in a total amount not more than, the taxes levied and collected by them the municipalities for the district during the existence of the district, or such the surplus may be held by the district for the payment of its expenses, including the payment of subsequent instalments of interest and principal as they fall become due.

(g) Any sums collected by taxation to be used for the payment of interest on and principal of such the bonds, and not required in any year for that purpose, shall be held by the district to be used for that purpose in any succeeding year;, and the tax provided for in this section shall be collected in such the succeeding year only in an amount sufficient, together with any balance remaining over from the proceeds of taxation in previous years, to pay the instalments of interest on and principal of such the bonds due in that year.