1997 Wisconsin Act 254

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.

(h) Except as otherwise provided by this chapter such, the bonds shall be issued as nearly as may be in the manner provided by ch. 67 for county bonds.

Note: Subdivides provision, breaks up long sentence, inserts specific references, replaces word form of numbers with digits and replaces other language.

254,127 Section 127 . 198.145 (3) of the statutes is amended to read:

198.145 (3) The board shall appoint a general manager and may appoint and fix the duties of an attorney, a clerk, a treasurer and such any other officers as they deem that the board considers necessary, which appointees. Each appointee shall hold office during at the pleasure of the board, and which appointees shall give such bonds and in such amounts as a bond in an amount that the board may require.

Note: Breaks up long sentence and replaces language for greater readability and conformity with current style.

254,128 Section 128 . 198.17 (1) of the statutes is renumbered 198.17 (1g) and amended to read:

198.17 (1g) (title) Declaration of intention, notice, offer to sell acquire utility. Whenever the board of directors shall make and A district, by resolution or ordinance, adopted by the affirmative votes of two-thirds of the its directors-elect, may declare the determination of the district to acquire any existing utility or portion thereof, including any water power and hydroelectric power plant owned and operated therewith which utility or portion thereof is operated in whole or in part in the district. Upon adoption of the declaration, the clerk of the district shall forthwith serve immediately on the commission and on the owner of such utility or on the agent or representative of the owner in possession or charge thereof, a true a copy, duly of the declaration, certified by the clerk under the seal of the district, of such resolution or ordinance. If, within thirty.

(1m) (title) Voluntary sale of utility. (a) Within 30 days after the service of such resolution or ordinance the declaration upon the owner, or the agent or representative of the owner, such owner shall propose voluntarily may propose to sell and transfer such the utility to the district upon terms and conditions to be mutually agreed upon between such the owner and the directors of the district and approved by the commission, and. The owner shall serve a copy of such the proposal upon the district and upon the commission, the. The commission shall fix a time and place for a public hearing and consideration of such the proposal and notify the owner and the district thereof of the hearing.

(b) If terms and conditions of purchase and the sale shall be of the utility to the district are agreed upon by and between the directors and the owner and approved by the commission, all of the following shall occur:

1. The commission shall announce its approval thereof of the sale in writing and the board.

2. The directors shall by resolution authorize and direct the written execution on the part of the district of such each contract in writing and other instrument and take any and the taking of every other action with reference thereto necessary or appropriate to consummate such purchase and the sale and the transfer to the district of possession of such acquired property and payment therefor the utility in accordance with the terms of such the agreement between the owner and the district.

Note: Subdivides provision to group related material and creates a title, renumbers sub. (1) to accommodate definitions, deletes surplus verbiage, inserts specific references and defined terms, replaces word form of numbers with digits and replaces other language.

254,129 Section 129 . 198.17 (1) of the statutes is created to read:

198.17 (1) Definitions. In this section:

(a) “Declaration" means a resolution or ordinance adopted by the directors of a district under sub. (1g) which identifies the utility which the district seeks to acquire.

(b) “Owner" means the owner of a utility, and, for purposes of the service of documents on the owner, includes all agents and representatives of the owner.

(c) “Utility" includes a portion of a public utility, including any water power and hydroelectric power plant owned and operated with the utility.

Note: Creates definition provision to simplify remainder of the section.

254,130 Section 130 . 198.17 (2) of the statutes is renumbered 198.17 (2) (a) and amended to read:

198.17 (2) (a) If the owner shall fail has consented in any manner provided by law to the purchase of the utility by the public or any municipality and one of the following applies, the commission and the parties shall proceed to determine, in the manner provided in ss. 197.05 to 197.09, the just compensation to be paid to the owner by the district for the utility identified in the declaration:

1. The owner fails to make and serve on the district and upon the commission within the time limited therefor in sub. (1) a proposal voluntarily to sell and transfer to the district the property determined, as therein provided, to be acquired, or, if the utility identified in the declaration in the time and manner described in sub. (1m).

2. The owner and the board shall fail directors fail to agree upon terms and conditions of purchases and sales and of the transfer thereof for the sale of the utility identified in the declaration to the district, or if the.

3. The commission shall fail fails to approve the same if the terms of sale of the utility identified in the declaration agreed upon, and if the owner shall have consented in any manner provided by law to the purchase of such utility by the public or any municipality, the commission and the parties shall proceed to determine the just compensation to be paid by the district to the owner of such property therefor and to accomplish the transfer of the possession and ownership thereof to the district in the manner provided by ss. 197.05 to 197.09, and by the owner and the directors.

(b) Upon the determination of just compensation for the utility identified in the declaration, the commission shall certify to the district and to the owner or owners the amount of such compensation to be so paid for the utility identified in the declaration, and the directors shall provide for and authorize payment of the same that amount to the parties entitled thereto to payment.

Note: Subdivides provision and reorders text, inserts specific references and defined terms, and replaces other language.

254,131 Section 131 . 198.17 (2a) of the statutes is renumbered 198.17 (5m) and amended to read:

198.17 (5m) (title) Alternative mode of acquiring utility. Upon the initiation of steps for the formation of a district, or later, any municipality within a district or a proposed district may, in lieu of the other procedure provided by this section, determine, as provided by s. 197.02, upon the acquisition of to acquire any utility operating within the municipality under the terms of an indeterminate permit, as defined in s. 196.01, on behalf of and for the benefit of the district, subject to the conditions and by the procedure set forth and described in ch. 197, and any. Any 2 or more municipalities within such a district or proposed district may, in the same manner, determine in the same manner upon the joint acquisition in the same manner of such to jointly acquire utilities operating within such the municipalities, on behalf of and for the benefit of such the district. The municipalities and districts may enter into contracts for the transfer and conveyance of such the utilities to such the districts immediately upon the acquisition thereof of the utilities by such the municipalities, and for the simultaneous payment of the purchase price therefor for the utilities by such the districts; and to. The municipalities and districts may join in such any conveyances, and do all such acts as are necessary to execute such the contracts; subject to the provisions of this chapter governing the powers of districts to enter into transactions, and incur indebtedness, generally.

Note: Renumbers provision for more logical placement within the section, breaks up long sentences, inserts specific references and replaces other language for greater readability and conformity with current style.

254,132 Section 132 . 198.17 (3) (title) of the statutes is amended to read:

198.17 (3) (title) Action to determine necessity of taking of utility.

254,133 Section 133 . 198.17 (3) of the statutes is renumbered 198.17 (3) (a) and amended to read:

198.17 (3) (a) If the owner of such the utility shall identified in the declaration has not have consented in any manner provided by law and shall has not have become legally bound to consent to the purchase by the public or any municipality of such the utility or any part thereof so determined to be acquired by the district, the general counsel of the district shall, before proceedings are had under sub. (2), cause to be instituted and prosecuted, commence an action to determine the necessity of the taking of the utility by the district. The action shall be brought in the name and behalf of the district in the circuit court for the county in which the principal administrative office of the district is located, an action against the owner or owners of such public the utility as defendant or defendants, praying the court for an adjudication as to of the necessity of such the taking by the district, in which the complaint. The complaint in the action shall be served with the summons.

(b) The defendant or defendants owner shall answer in said the action commenced under par. (a) within ten 10 days after such service of the summons and complaint on the owner and the action shall be at issue and stand ready for trial upon ten 10 days' notice by either party. Unless the parties thereto waive a jury, the question as to the necessity of the taking of such property the utility by the district shall be as speedily as possible submitted to a jury. If the jury or the court, in case a jury is waived, shall find finds that a necessity exists for the taking by the district of such property, or for the taking thereby of that part thereof to the public or municipal purchase of the utility, to which the owner shall not have consented, the directors shall cause speedy notice of such the finding of necessity to be certified to the commission and to the owner or owners of such property, and the. The commission and the parties shall then proceed to the ascertainment of the just compensation to be paid by the district to the owners of such property therefor, and the owner for the utility. The consummation of the transfer of the same utility to the district and the payment of such the compensation, to the owner shall be in the manner provided in sub. (2).

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

254,134 Section 134 . 198.17 (4) of the statutes is amended to read:

198.17 (4) Municipal utility exemption. No utility owned by any municipality within the district shall be acquired by the district, except by mutual agreement pursuant to sub. (1) (1m), until the district shall have has first obtained, from the commission, after notice and hearing accorded to the municipality, a certificate that public necessity and convenience require that such the utility be owned and operated by the district. If such the certificate is granted the consummation of the acquisition shall be in the manner provided in sub. (2).

Note: Amends cross-reference in accordance with renumbering by this bill and replaces other language for greater conformity with current style.

254,135 Section 135 . 198.17 (5) of the statutes is renumbered 198.17 (5) (a) and amended to read:

198.17 (5) (a) If the board of directors of the district shall be of the opinion determine that the district should acquire any part less than the whole of the physical property of any utility which is or may be owned and operated as an entirety, the board directors shall, before adopting any resolution or ordinance declaring the determination of the district to acquire such the property, apply to the commission for and obtain the commission's certificate of authority so to do so. The application of the district for such the certificate shall state with reasonable certainty the part or parts of such the utility proposed to be acquired and the part or parts thereof of the utility not proposed to be acquired and the. The application shall also state the facts with respect to such the properties to be acquired and the considerations on which the board of directors rely to show that such only the part or parts, rather than the whole of such the utility sought by the district should be acquired by the district. A copy of such the application shall be served upon the owner or owners of the utility affected and upon any municipality, whether within or without the district, in which such the utility operates or furnishes any service.

(b) The commission shall fix a time and place for hearing on such the application made under par. (a) and shall give ten 10 days' notice thereof of the hearing to all parties interested and. The commission shall conduct a public hearing and investigation concerning the matters therein alleged in the application and shall make and file written findings and conclusions with respect thereto to those matters. Before approving such the application and granting the certificate of authority herein applied for, the commission shall ascertain and find:

1. That the acquisition by the district of the part or parts of such the utility, as in such application proposed in the application, will be of greater financial, economic and industrial advantage to the district than the acquisition of the whole of such utility as an entirety as operated.

2. That the acquisition by the district of the part or parts of such the utility, as in such application proposed in the application, will not result in any substantial injury to public interests or impairment of public service that would not result if such the utility was acquired as an entirety and continued to be operated as such an entirety.

3. That the acquisition by the district of the part or parts of such the utility, as in such application proposed in the application, will not render the part or parts thereof of the utility that will not be acquired incapable of continuing to render any substantial public service being rendered thereby by the utility adequately and at reasonable rates, tolls or charges for such the service.

Note: Subdivides provision, replaces word form of number with digits, deletes redundancies, inserts specific references and replaces other language.

254,136 Section 136 . 198.17 (8) of the statutes is amended to read:

198.17 (8) Municipal loans to districts. Any municipality situated within the boundaries of such a district may provide for a loan to such the district to pay the preliminary organization and administration expenses thereof of the district, on such the terms as that the governing bodies of such the municipality and such the district may agree upon; provided, that any such. The lending municipality shall have the right, at its option, to receive bonds or other obligations of any such the borrowing district of any issue, providing for the payment of an amount of principal equal to that of the loan hereby authorized under this subsection, in place of the obligations created by such the loan; and provided further that the. The terms of such a loan under this subsection shall in every case provide that such a the municipality making the loan shall receive interest from the date of the loan at not less than the rate of interest provided for in the first bonds or other securities issued by such the district, to become due at the date of issue of such the securities, or at some specified date theretofore, prior to or at some specified date not more than one year thereafter after the date of issue, subject to the limitation of total indebtedness of the district contained in s. 198.14 (9).

Note: Breaks up long sentences, inserts specific references and replaces other language for greater readability and conformity with current style.

254,137 Section 137 . 198.20 of the statutes is renumbered 198.20 (1) and amended to read:

198.20 (1) Any two 2 power districts may be consolidated by ordinance, passed by a two-thirds vote of all of the members of the board of each power district, fixing the terms of the consolidation and ratified by the electors at a referendum held in each district. The ballots shall bear the words, “For Consolidation," and “Against Consolidation,"and if. If a majority of the votes cast thereon on the question of consolidation in each district shall be for consolidation, the ordinance shall be in effect and have the force of a contract. Such

(2) The election, and all matters pertaining thereto to the election not otherwise provided for in this section, shall be held and conducted and the result thereof ascertained, determined and declared in accordance with s. 198.06 (3) and (4). The ordinance and the result of the referendum shall be certified to the secretary of state. From and after such After certification said, the consolidation shall be deemed considered complete. Consolidation shall not affect the preexisting rights or liabilities of any power districts and actions thereon on those rights and liabilities may be commenced or completed as though no consolidation had been effected.

Note: Breaks up sentence, inserts specific references, deletes redundancy and replaces other language for greater readability and conformity with current style.