198.10(1)(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 district, and also to pay and discharge the principal thereof within twenty years from the time of contracting the same.
198.10(2)
(2) Annual tax levy, collection. On or before the first day of October in each year after any indebtedness shall have been incurred by any municipal power district, the board of directors shall certify in writing to the clerks of the several municipalities having territory in said district, the total amount necessary to pay the interest and debt retirement charges on outstanding indebtedness of said district for the ensuing year, and the share thereof that each such municipality must pay. For failure to pay such taxes the same penalties shall apply as for failure to pay other taxes. If any of such taxes shall remain unpaid and become delinquent the same shall be collected and payment thereof enforced in the same manner and by the same officers as other delinquent taxes are collected and payment thereof enforced and the proceeds of such collection and enforcement shall be paid over by the proper officers to the treasurer of the district. All officers of municipalities charged by this section with any duty or authority with respect to the assessment of property for taxation or the collection of any taxes for the benefit of any district shall have the same duties and liabilities with respect to the assessment of property and collection of taxes for the benefit of such district as are imposed upon them by law with respect to the assessment of property and collection of taxes for state and county purposes, except when inconsistent herewith, and shall be subject to the same penalties for any breach or neglect of duty or violation of law with respect thereto as in other cases.
198.10(3)
(3) Apportionment of taxes. Said share shall be determined upon the basis of the proportion which the assessed valuation of any municipality as equalized by the department of revenue bears to the total assessed valuation in all municipalities within said district as equalized by the department of revenue.
198.10(4)
(4) Municipal tax levy, clerks' duties. Upon the receipt of the report from the board of directors as provided for in
sub. (2) each such clerk shall submit the same to the next regular or special meeting of the governing board of said city, village or town and such board shall, by resolution, levy and assess taxes sufficient to pay the same, against all of the taxable property included within the power district in the clerk's municipality. Following such assessment and levy, the clerk of each such municipality shall place the same upon the tax roll to be collected as other taxes are collected upon all of the taxable property within said municipality, and such moneys when collected shall be paid by the treasurer of each such municipality to the treasurer of such municipal power district.
198.10(5)
(5) Utility property taxed. All utility property of every municipal power district, except a municipal water district created under
s. 198.22, shall be assessed and taxed in the manner provided by law for the assessment and taxation of privately owned public utilities.
198.10 History
History: 1993 a. 482.
198.11
198.11
Compensation and expenses of directors. 198.11(1)(1) Each director of the district shall receive compensation from the district for the director's services as such director at the rate of ten dollars for each day the director shall attend meetings of the board or of any committee of the board of which the director shall be a member, when the meeting of such committee is authorized by vote or resolution of the board, but such compensation shall not exceed the sum of one thousand dollars 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.
198.11(2)
(2) The compensation of directors and amounts due them as reimbursement for expenses shall be paid at the end of each month upon itemized statements duly verified. Such statements shall be in such form as the clerk of the district shall prescribe and shall be audited and, if found true and correct, approved by the clerk of the district. When so audited and approved the amounts so approved shall be paid to the directors entitled thereto by the treasurer of the district out of the general fund of the district.
198.11 History
History: 1993 a. 482.
198.12
198.12
Corporate powers of district. 198.12(1)
(1)
Same as municipalities. Any district organized under the provisions of this chapter, shall have the right of perpetual succession, may sue and be sued, may take by eminent domain, grant, purchase, gift, devise, or lease or otherwise acquire and hold real and personal property of every kind within or without the district necessary to the full or convenient exercise of its powers, and may make contracts and do such other acts as shall be necessary and proper in the exercise of the powers and privileges granted and in the performance of the duties charged upon it and exercise such other or different powers as shall be conferred by law.
198.12(2)
(2) Service of process on, personal injury claims, venue. The district shall sue or be sued in its corporate name and service of process upon the district shall be by service upon the chairperson of the board and the clerk of the district, but no action shall be brought or maintained against a district upon a claim or cause of action unless the claimant complies with
s. 893.80. Compliance with
s. 893.80 is not required under this subsection in actions commenced under
s. 19.37 or
19.97. All actions by or against the district, except condemnation proceedings and actions to which the state or any officer or commission thereof is a party, shall be brought in the circuit court for the county in which its principal administrative office is located.
198.12(3)
(3) Subject to chapter 102. From the time when any district shall first operate any utility, it shall be held to be an employer, subject to
ch. 102.
198.12(4)
(4) Mode of exercising powers. The district shall act through and by ordinance, resolution or vote of its board of directors, or by its other duly constituted officers or agents acting within the scope of such authority as may be conferred upon them by law, or by lawful ordinance, resolution or vote of the board of directors.
198.12(5)
(5) Chapter 196 applies. Any utility operated by a district shall be held to be a "public utility" within the meaning of that term as used in and subject to
ss. 196.01 to
196.53 and
196.59 to
196.76.
198.12(6)
(6) Utilities, acquire, construct, operate; water power; sale of service; use of streets. The district shall have power and authority to own, acquire and, subject to the restrictions applying to a municipality under
s. 196.50 (4), to construct any utility or portion thereof to operate, in whole or in part, in the district, and to own, acquire and, subject to
ss. 196.01 to
196.53 and
196.59 to
196.76 where applicable, to construct any addition to or extension of any such utility, and to own, acquire and construct any water power and hydroelectric power plant, within or without the district, to be operated in connection with any such utility, and to operate, maintain and conduct such utility and water power and hydroelectric power plant and system both within and without the district, and to furnish, deliver and sell to the public and to any municipality and to the state and any state institution heat, light and power service and any other service, commodity or facility which may be produced or furnished thereby, and to charge and collect rates, tolls and charges for the same. For said purposes the district is granted and shall have and exercise the right freely to use and occupy any public highway, street, way or place reasonably necessary to be used or occupied for the maintenance and operation of such utility or any part thereof, subject, however, to such local police regulations as may be imposed by any ordinance adopted by the governing body of the municipality in which such highway, street, way or place is located.
198.13
198.13
Acquisition of private utilities; dissolution of power district. 198.13(1)(1) Upon the completion of the creation and incorporation of any district every right existing by virtue of any law or by virtue of any franchise or indeterminate permit, granted by the state directly or through any municipality, to purchase or acquire, on behalf of the public or of any municipality in such district, in whole or in part any public utility operating in whole or in part in such district, shall henceforth inure to and vest in and be exercised by such district. Every public grant, either by the state directly or through any municipality heretofore or hereafter granted to or held, owned or exercised by the owner or by the lessee or receiver of the owner of any such utility or any permit, privilege, right, or franchise to operate the same is hereby made subject to the express conditions that such district may purchase, acquire and take such utility, in whole or in part, in the manner provided in this chapter, and the continued operation of any such utility from and after the organization of such district by the owner or by the lessee or receiver of the owner shall be held to be an acceptance of and consent by the owner to said condition.
198.13(2)
(2) From and after the organization of any district, no permit, privilege, right or franchise shall be granted to construct or operate any utility therein or to construct or operate therein any extension of or addition to any utility for which any permit, privilege, right or franchise may be required, except by the board of such district, except as to local ordinances governing the use of public streets, alleys, ways, and places. Every permit, privilege, right or franchise granted by any power district shall be subject to the condition prescribed in
sub. (1) with respect to purchase, acquisition and taking by the proper district and shall be an indeterminate permit subject to the terms and conditions of this chapter and of
s. 196.50.
198.13(3)
(3) Under any of the following circumstances a power district shall be considered dissolved:
198.13(3)(a)
(a) Where within two 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 period.
198.13(3)(b)
(b) Where a district has disposed of all its utility property and for one year thereafter shall not have owned or operated a public utility.
198.13(4)
(4) Any district dissolved in accordance with
sub. (3) shall nevertheless continue to be a body corporate for the time and purposes set forth in
s. 181.65, and for such additional period as may be necessary for the district to retire all its outstanding bonds.
198.13(5)
(5) In the event of dissolution a district shall first retire all outstanding obligations of the district insofar as the proceeds derived from such disposal will permit, and 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 taxes; and any remaining proceeds shall be distributed to such municipalities in proportion to the shares of the gross operating revenues of the district for its last full five years of operation derived from payments for services furnished within the boundaries of each such municipality.
198.13 History
History: 1989 a. 303.
198.14
198.14
Powers of district board. The board of directors of any district shall have power and authority:
198.14(1)
(1) Seal. To adopt a corporate seal for the district and prescribe the style thereof.
198.14(2)
(2) Mode of exercise. To exercise by vote, ordinance or resolution all of the general powers of the district.
198.14(3)
(3) Grant permits. To grant by ordinance indeterminate permits, subject to the conditions prescribed in
ss. 196.50 and
198.12, for the construction or operation of utilities and extensions and additions thereto in the district but subject to local ordinances governing the use thereby of public streets, alleys, ways and places therein, but such ordinance shall be published as a class 1 notice, under
ch. 985, not more than 20 nor less than 10 days before its adoption.
198.14(4)
(4) Purchases, sales, conveyances. To lease, purchase, sell, convey and mortgage the property of the district and to authorize and order all instruments, contracts, deeds or mortgages to be executed on behalf of the district by the chairperson of the board and the clerk of the district, except that the sale or lease of any public utility equipment in excess of 10 per cent of the book value of the utility property of the district shall be made as nearly as may be in accordance with
s. 66.07, except that the commission shall have no power to determine whether the interests of the district and the residents thereof will be best served by the sale or lease nor to fix the price and terms thereof other than to furnish the clerk of said district with its written recommendations thereon within 90 days.
198.14(5)
(5) Employes. To authorize to be appointed and employed and fix the compensation of such employes as may be required for carrying on the business of the district.
198.14(6)
(6) Depositories. To designate and appoint a suitable and responsible depository or depositories for the deposit and safekeeping of the funds of the district and to contract with such depository or depositories with respect thereto and the rate of interest to be paid the district on such deposits.
198.14(7)
(7) Temporary loans. To borrow money for terms not exceeding ninety days, subject to the limitation of total indebtedness of the district contained in
s. 198.14 (9). Such temporary loans shall constitute a first lien on the revenue of the district after the payment of interest on, and retirement of, bonds, and after the payment of taxes.
198.14(8)
(8) Eminent domain. To exercise the power of eminent domain and to condemn lands or any interest in lands including water powers, whether located within or without the district, whenever the same are necessary for the construction, operation, improvement or extension of any utility owned, or to be owned by the district and, in that behalf, to authorize condemnation proceedings to be instituted and prosecuted by the general counsel of the district in the name of the district and at its cost and expense and otherwise in the manner prescribed by law.
198.14(9)
(9) Bond issues, debt limit. 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 or additions, extensions or betterments thereto, when and as the same may be authorized, and to authorize and require the execution of such bonds by the chairperson of the board and the clerk of the district under the corporate seal of the district, to approve the form of such bonds and prescribe the duties of the clerk and treasurer of the district with respect to the sale thereof and the application of the proceeds to the purposes for which the same were issued; provided, that the total amount of all indebtedness of the district shall not exceed five per centum on 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 ordinance authorizing such indebtedness there shall be levied a direct, annual, district tax sufficient to pay the interest on such debt as it falls due and also to pay the principal thereof within twenty years from the time of contracting the same. All bonds shall mature in annual instalments, and the first instalment of principal shall fall due and be payable not later than two years after the date of issue; and 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. All such bonds shall contain a provision requiring redemption thereof, in whole or in part, at the option of the district on any interest payment date after three years from the date of the bonds. 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, 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. 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 bonds due in any year, and any surplus remaining over may be redistributed at any time to municipalities within the boundaries of such district in proportion to, and in a total amount not more than, the taxes levied and collected by them for the district during the existence of the district, or such 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 due. Any sums collected by taxation to be used for the payment of interest on and principal of such 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 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 bonds due in that year. Except as otherwise provided by this chapter such bonds shall be issued as nearly as may be in the manner provided by
ch. 67 for county bonds.
198.14(10)
(10) Revenue bonds. As an alternative method of financing, to provide by ordinance or resolution for the issuance, upon the purchase, acquisition or construction by the district of any utility, or parts thereof, or additions, extensions or betterments thereto, of revenue bonds secured by mortgage or deed of trust upon the acquired property in the form and character prescribed by
s. 66.066, to provide for payment of any part of the cost of such property and to authorize the execution of such mortgage or deed of trust by the chairperson of the board and the clerk of the district on behalf of the district.
198.14(11)
(11) Acquisition of utilities, financing same. To acquire for the district any property which it has authority to acquire, subject to any funded or mortgage indebtedness outstanding against and secured by any bond, note, mortgage or deed of trust upon such property, without assuming any obligations with respect to such indebtedness, or to acquire such property and assume, or assume and promise to pay any such indebtedness, or to enter into any contract with any parties concerned, for the creation and substitution of such new obligations of the district as it is authorized to create, for any such indebtedness, and to pay and provide for the payment by the district of any sums due on account of any such indebtedness, and to provide by ordinance or resolution for and authorize the execution of any contract or other instrument required to enter into or carry out any such transactions on behalf of the district, subject to the limitation of total indebtedness of the district contained in
s. 198.14 (9).
198.14(12)
(12) Contract to furnish service. To enter into and authorize to be executed on behalf of the district with the governing body of any municipality contracts, leases and conveyances for the furnishing, delivery, production, leasing, sale or operation of any public utility property, facility or service either by such municipality to or for the district or by the district to or for such municipality, and to enter into and authorize to be executed any like contract, lease or conveyance with the owner or owners of any privately owned utility or public corporation.
198.14(13)
(13) Act on claims, reports, budget. To examine and act upon all claims against the district, to require, examine and approve or disapprove monthly reports of operation and recommendations by the general manager, to require, examine and approve or disapprove periodical reports by the clerk, to adopt a budget of district general and operating expense and expenses for interest charges and for capital account and make appropriations.
198.14(14)
(14) Advice from commission. To apply for and obtain the counsel, advice or opinion in writing of the commission upon any proposed action of the board and to be entitled to the same upon reasonable request therefor accompanied by an offer to reimburse the commission the amount of its necessary expense in obtaining, preparing and furnishing the same, to approve and order paid by the district the amount of the commission's charges therefor.
198.14(15)
(15) Omnibus provision. To do or authorize to be done all things necessary to be done or authorized for the proper execution of any power conferred upon the district and not vested in any other officer thereof and of any power conferred upon the board by the provisions of this chapter.
198.14(16)
(16) Change boundaries. To change from time to time by a two-thirds vote the boundaries of the subdistricts to meet with the requirements of
s. 198.07 (2).
198.145
198.145
District legislature, ordinances, officers. 198.145(1)(1) The board of directors shall constitute the legislative body of such district and determine all questions of policy.
198.145(2)
(2) The enacting clause of all ordinances shall be as follows: "The board of directors of .... municipal power district do ordain as follows:". All ordinances shall be signed by the chairperson, or vice chairperson, and be attested by the clerk.
198.145(3)
(3) The board shall appoint a general manager and may appoint and fix the duties of an attorney, a clerk, a treasurer and such other officers as they deem necessary, which appointees shall hold office during the pleasure of the board, and which appointees shall give such bonds and in such amounts as the board may require.
198.145 History
History: 1993 a. 184.
198.15
198.15
Board procedure. 198.15(1)(1)
Chairperson, duties. The board shall elect one of their number chairperson for a term of one year, and a vice chairperson for a like term to act during the absence or disability of the chairperson. The principal duties of the chairperson of the board of directors of the district, other than the chairperson's duties as a director, shall be to preside at all meetings of the board, to sign all resolutions and ordinances adopted by the board and to sign, execute or acknowledge, as the case may require, all contracts, deeds, leases or other instruments authorized by the board to be executed by or on behalf of the district.
198.15(2)
(2) Bylaws, meetings. The board shall adopt bylaws to govern its proceedings, and shall fix the time and place of holding its meetings, which shall be held once each month. A special meeting may be held after 3 days' written notice to each member by the clerk at the call of the chairperson or any 2 members of the board.
198.15(3)
(3) Quorum. A majority of the directors-elect shall constitute a quorum for the transaction of business, and the votes of a majority of the directors present at any meeting, if a quorum be present, shall be sufficient to adopt any motion, resolution or ordinance, except that for the exercise of any power enumerated in
s. 198.14 (9),
(10),
(11) and
(12) the affirmative vote of two-thirds of the directors-elect shall be required. The votes of directors on any action authorized in
s. 198.14 (3),
(4),
(6),
(8),
(9),
(10),
(11),
(12) and
(13) shall be taken by ayes and noes and recorded in the minutes and shall likewise be taken and recorded on any other matter whenever requested by one-third of the directors present.
198.15(4)
(4) Official paper. The board shall designate an official newspaper and under
ch. 985 shall publish therein all public notices of the district and all resolutions or ordinances adopted by the board.
198.15(5)
(5) Financial interest voids contracts. No contract or transaction shall be made, entered into or authorized by the board with any director, other officer or employe of the district or with any firm, corporation or association in which any director, other officer or employe of the district is financially interested, as a member or stockholder or otherwise adversely to the district, and any such contract or transaction if made, entered into or authorized shall be void and any director voting in favor thereof with knowledge of such interest shall be personally liable to the district for any loss sustained by the district by reason thereof.
198.15 History
History: 1993 a. 184.
198.16
198.16
General manager. 198.16(1)(1)
Election, eligibility. The general manager shall be the chief executive officer of the district. The general manager shall be chosen by the board of directors solely on the basis of the general manager's executive and administrative qualifications and need not, when appointed, be a resident of the state. All other things being equal, the board of directors shall appoint as general manager a person with experience in the construction, operation or management of public utilities. No member of the board shall, during the time for which appointed, be chosen as general manager. In case of the absence or disability of the manager, the board may designate some qualified person to perform the duties of the office during such absence or disability.
198.16(2)
(2) Powers. The general manager shall have full charge and control of the construction of the works of said district and of their maintenance and operation, also of the administration of the business affairs of said district. The powers of the general manager shall be:
198.16(2)(a)
(a) To see that all ordinances of the district are enforced;
198.16(2)(b)
(b) To appoint or hire, except as otherwise provided herein, all heads of departments, subordinate officials and employes necessary for the administration of the affairs of said district, and to remove the same;
198.16(2)(c)
(c) To attend all meetings of the board of directors and submit a general report of the affairs of the district, and to participate in the discussion of all matters coming before the board;
198.16(2)(d)
(d) To keep the directors advised as to the financial condition and future needs of the district, and to prepare and submit an annual budget;
198.16(2)(e)
(e) To prepare or cause to be prepared, all plans and specifications for the construction of the works of said district;
198.16(2)(f)
(f) To devote his or her entire time to the business of the district;
198.16(2)(g)
(g) To perform such other and additional duties as the board of directors may require.
198.16(3)
(3) Financial report, publication. The general manager shall within 60 days from the end of each fiscal year cause to be published as a class 1 notice, under
ch. 985, a financial report showing the result of operations for the preceding fiscal year and the financial status of the district on the last day thereof.
198.16 History
History: 1993 a. 482.
198.165
198.165
District clerk, treasurer, attorney, duties. 198.165(1)(1) The principal duties of the clerk of the district shall be to act as clerk of the board of directors and to record and sign all minutes of meetings of the board, including all resolutions and ordinances adopted by the board, to safely and systematically keep all records, files and papers of the board, to safely keep the corporate seal of the district and to affix the same on behalf of the board and to all certificates by the clerk made as clerk of the district, to sign, execute or acknowledge with the chairperson of the board all contracts, deeds, leases or other instruments authorized by the board to be executed by or on behalf of the district and, if authorized, to deliver the same, and to perform such other duties as may be imposed upon the clerk by law or by vote, resolution or ordinance adopted by the board.
198.165(2)
(2) The principal duties of the treasurer of the district shall be to demand, receive, keep and account for all moneys and credits of the district and to pay to the persons entitled thereto the amounts called for in the orders or warrants drawn upon the treasurer by the clerk of the district and to take and keep receipts, vouchers or other suitable evidences of payment therefor, to keep accurate account of all moneys received and disbursed by the treasurer and to render such accounts, statements and inventories of moneys and credits received and disbursed and on hand and generally of all matters pertaining to the treasurer's office as the board of directors may require and to perform such other duties as may be imposed upon the treasurer by law or by vote, resolution or ordinance adopted by the board.
198.165(3)
(3) The principal duties of the general counsel of the district shall be to appear for the district and prosecute or defend all actions or proceedings in which the district is interested or a party, to prepare and draft resolutions, ordinances, contracts and other instruments when and as required by the board and to render to the board and to any officer of the district counsel, advice and opinions on all legal matters and to perform such other duties as may be imposed upon the general counsel by law or by vote, resolution or ordinance adopted by the board of directors.
198.165 History
History: 1991 a. 316;
1993 a. 184.
198.167
198.167
Certified accountant; annual report. The directors of the district shall employ annually the commission or a certified public accountant approved by said commission who shall be qualified to, and who shall with all due diligence, examine and report upon the system of accounts kept by the district, all the contracts of whatsoever kind made and entered into by the board of directors within the year immediately preceding, and the properties and investments of the district. Said accountant shall in the report make such recommendations and suggestions as to the accountant shall seem proper and required for the good of the district, and the efficient and economical or advantageous management and operation of the public utility or utilities of the district; and the accountant shall in the report make such recommendations and suggestions as to the system of accounts kept, or in the accountant's judgment to be kept, by the district, in connection with each public utility, the classification of the public utilities of the district and the establishment of a system of accounts for each class, the manner in which such accounts shall be kept, the form of accounts, records, and memoranda kept or to be kept, including accounts, records, and memoranda of receipts and expenditures of money, and depreciation and sinking fund accounts, as in the accountant's judgment may be proper and necessary, and shall not conflict with the requirements of the commission.
198.167 History
History: 1991 a. 316.
198.17
198.17
Eminent domain procedure. 198.17(1)
(1)
Declaration of intention, notice, offer to sell. Whenever the board of directors shall make and by resolution or ordinance, adopted by the affirmative votes of two-thirds of the directors-elect, 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, the clerk shall forthwith serve 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 copy, duly certified by the clerk under the seal of the district, of such resolution or ordinance. If, within thirty days after the service of such resolution or ordinance upon the owner, or the agent or representative of the owner, such owner shall propose voluntarily to sell and transfer such utility to the district upon terms and conditions to be mutually agreed upon between such owner and the directors of the district and approved by the commission, and serve a copy of such proposal upon the district and upon the commission, the commission shall fix a time and place for a public hearing and consideration of such proposal and notify the owner and the district thereof. If terms and conditions of purchase and sale shall be agreed upon by and between the directors and the owner and approved by the commission, the commission shall announce its approval thereof in writing and the board shall by resolution authorize and direct the execution on the part of the district of such contract in writing and other instrument and take any and every other action with reference thereto necessary or appropriate to consummate such purchase and sale and the transfer to the district of possession of such acquired property and payment therefor in accordance with the terms of such agreement.
198.17(2)
(2) Determination of compensation. If the owner shall fail to 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 owner and the board shall fail to agree upon terms and conditions of purchases and sales and of the transfer thereof to the district, or if the commission shall fail to approve the same if 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 the commission shall certify to the district and to the owner or owners the amount of such compensation to be so paid, and the directors shall provide for and authorize payment of the same to the parties entitled thereto.
198.17(2a)
(2a) Alternative mode of acquiring. 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 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 2 or more municipalities within such a district or proposed district may determine in the same manner upon the joint acquisition in the same manner of such utilities operating within such municipalities, on behalf of and for the benefit of such district. The municipalities and districts may enter into contracts for the transfer and conveyance of such utilities to such districts immediately upon the acquisition thereof by such municipalities, and for the simultaneous payment of the purchase price therefor by such districts; and to join in such conveyances, and do all such acts as are necessary to execute such contracts; subject to the provisions of this chapter governing the powers of districts to enter into transactions, and incur indebtedness, generally.
198.17(3)
(3) Action to determine necessity of taking. If the owner of such utility shall not have consented in any manner provided by law and shall not have become legally bound to consent to the purchase by the public or any municipality of such 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, 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 utility as defendant or defendants, praying the court for an adjudication as to the necessity of such taking by the district, in which action the complaint shall be served with the summons. The defendant or defendants shall answer in said action within ten days after such service and the action shall be at issue and stand ready for trial upon ten days' notice by either party. Unless the parties thereto waive a jury, the question as to the necessity of the taking of such property 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 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 which the owner shall not have consented, the directors shall cause speedy notice of such finding to be certified to the commission and to the owner or owners of such property, and the commission and the parties shall proceed to the ascertainment of the just compensation to be paid by the district to the owners of such property therefor, and the consummation of the transfer of the same to the district and the payment of such compensation, in the manner provided in
sub. (2).
198.17(4)
(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), until the district shall have first obtained, from the commission, after notice and hearing accorded to the municipality, a certificate that public necessity and convenience require that such utility be owned and operated by the district. If such certificate is granted the consummation of the acquisition shall be in the manner provided in
sub. (2).
198.17(5)
(5) Acquisition of part of utility. If the board of directors of the district shall be of the opinion 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 shall, before adopting any resolution or ordinance declaring the determination of the district to acquire such property, apply to the commission for and obtain the commission's certificate of authority so to do. The application of the district for such certificate shall state with reasonable certainty the part or parts of such utility proposed to be acquired and the part or parts thereof not proposed to be acquired and the facts with respect to such properties and the considerations on which the board of directors rely to show that such part or parts, rather than the whole of such utility should be acquired by the district. A copy of such 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 utility operates or furnishes any service. The commission shall fix a time and place for hearing on such application and shall give ten days' notice thereof to all parties interested and shall conduct a public hearing and investigation concerning the matters therein alleged and shall make and file written findings and conclusions with respect thereto. Before approving such application and granting the certificate of authority herein applied for, the commission shall ascertain and find:
198.17(5)(a)
(a) That the acquisition by the district of the part or parts of such utility, as in such application proposed, 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.
198.17(5)(b)
(b) That the acquisition by the district of the part or parts of such utility, as in such application proposed, will not result in any substantial injury to public interests or impairment of public service that would not result if such utility was acquired as an entirety and continued to be operated as such.
198.17(5)(c)
(c) That the acquisition by the district of the part or parts of such utility, as in such application proposed, will not render the part or parts thereof not acquired incapable of continuing to render any substantial public service being rendered thereby adequately and at reasonable rates, tolls or charges for such service.
198.17(6)
(6) Technicalities. No error or omission of a technical nature not affecting a substantial right shall be held to invalidate or impair any proceeding under this section or affect the legal result thereof.
198.17(7)
(7) Commission's expenses. The necessary expenses of the commission incurred by it in performing, at the instance of the district, any duty imposed by this section shall be itemized and charged by the commission to the district and shall be audited and paid as other charges against the district are audited and paid.
198.17(8)
(8) Municipal loans to districts. Any municipality situated within the boundaries of such a district may provide for a loan to such district to pay the preliminary organization and administration expenses thereof, on such terms as the governing bodies of such municipality and such district may agree upon; provided, that any such municipality shall have the right, at its option, to receive bonds or other obligations of any such district of any issue, providing for the payment of an amount of principal equal to that of the loan hereby authorized, in place of the obligations created by such loan; and provided further that the terms of such a loan shall in every case provide that such a municipality 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 district, to become due at the date of issue of such securities, or at some specified date theretofore, or at some specified date not more than one year thereafter, subject to the limitation of total indebtedness of the district contained in
s. 198.14 (9).
