33.25(1)(a)(a) Before a county board may establish a district under
s. 33.235 or
33.24, a petition requesting establishment shall be filed with the county clerk, addressed to the board and signed by persons constituting 51% of the landowners or the owners of 51% of the lands within the proposed district. Governmental subdivisions, other than the state or federal governments, owning lands within the proposed district are eligible to sign such petition. A city council or village or town board may by resolution represent persons owning lands within the proposed district who are within its jurisdiction, and sign for all such landowners.
33.25(1)(b)
(b) For a landowner that is a trust, foundation, corporation, association or organization, a petition under
par. (a) shall be signed by an official representative, officer or employe who is authorized to do so by that landowner.
33.25(2)
(2) Contents. The petition shall set forth:
33.25(2)(b)
(b) The necessity for the proposed district;
33.25(2)(c)
(c) That the public health, comfort, convenience, necessity or public welfare will be promoted by the establishment of the district and that the lands to be included therein will be benefited by such establishment; and
33.25(2)(d)
(d) The boundaries of the territory to be included in the proposed district.
33.25(3)
(3) Verification, plat. The petition shall be verified by one of the petitioners, and shall be accompanied by a plat or sketch indicating the approximate area and boundaries of the district.
33.25(4)
(4) Presumption. Every petition is presumed to have been signed by the persons whose signatures appear thereon, until proved otherwise.
33.25(5)
(5) Withdrawing from petition. Any landowner who is considered to have signed the petition under
sub. (1) may withdraw from the petition if the landowner files a written notice of the withdrawal with the county clerk at least 10 days before the date of the hearing under
s. 33.26.
33.25 Annotation
Formal requirements for verifying and withdrawing petition signatures discussed. Nielsen v. Waukesha County, 178 W (2d) 498, 504 NW (2d) 621 (Ct. App. 1993).
33.26
33.26
Hearings, time, notice, boundaries, approval, limitations. 33.26(1)(1) Upon receipt of the petition the county board shall arrange a hearing to be held not later than 30 days from the date of presentation of the petition, and shall appoint a committee to conduct the hearing. At the hearing all interested persons may offer objections, criticisms or suggestions as to the necessity of the proposed district as outlined and to the question of whether their property will be benefited by the establishment of such district. Any person wishing to object to the organization of such district may, before the date set for the hearing, file objections to the formation of such district with the county clerk.
33.26(2)
(2) Notice announcing the hearing and stating the boundaries of the proposed district shall be published in a paper of general circulation in the county in which the proposed district is located as a class 1 notice, under
ch. 985, and shall be mailed by the county board to the last-known address of each landowner within the proposed district.
33.26(3)
(3) The committee shall report to the county board within 3 months after the date of the hearing. Within 6 months after the date of the hearing, the board shall issue its order under this subsection. If the board finds, after consideration of the committee's report and any other evidence submitted to the board, that the petition is signed by the requisite owners as provided in
s. 33.25, that the proposed district is necessary, that the public health, comfort, convenience, necessity or public welfare will be promoted by the establishment of the district, that the property to be included in the district will be benefited by the establishment thereof, and that formation of the proposed district will not cause or contribute to long-range environmental pollution as defined in
s. 299.01 (4), the board, by order, shall declare its findings, shall establish the boundaries and shall declare the district organized and give it a corporate name by which it shall be known. Thereupon the district shall be a body corporate with the powers of a municipal corporation for the purposes of carrying out this chapter. If the board does not so find, the board, by order, shall declare its findings and deny the petition.
33.26(5)
(5) The department shall be notified in writing of the hearing for the creation of the district at the time the hearing date is set.
33.26(6)
(6) In establishing the district, the county board may change the boundaries from those originally proposed. However, lands not originally proposed for inclusion may not be included until a public hearing is held under this section.
33.26(7)
(7) Any person aggrieved by the action of the board may petition the circuit court for judicial review. A verified petition shall be presented to the court not more than 30 days after the decision of the board, and shall specify the grounds upon which the appeal is based.
33.265
33.265
Notice, filing and recording requirements. If a district is created or its boundaries altered, the board of commissioners shall record the authorizing document, including a legal description of the boundary, with the register of deeds in each county where the district is situated, and file the document and legal description with the department of natural resources and the department of revenue.
33.265 History
History: 1981 c. 20;
1993 a. 301.
33.27
33.27
Initial district board of commissioners. 33.27(1)
(1) The county board shall, at the time of making the order establishing a district, appoint 3 owners of property within the district, at least one of whom is a resident of the district, to serve as commissioners until the first annual meeting of the district, and shall also make the appointment required under
s. 33.28 (2).
33.27(1m)
(1m) If no resident is willing to serve as required under
sub. (1), the residency requirement shall be waived for the initial district board of commissioners.
33.27(2)
(2) Within 30 days following the county board's order establishing the district, the governing body of the town, city or village having the largest portion by valuation within the district shall appoint one of its members to the district board under
s. 33.28 (2).
33.27(3)
(3) At any time following the making of the order establishing a district, but no later than 60 days following the expiration of time for appeal to the circuit court, or, if appealed, no later than 60 days following the final judgment in any appeal, the district board shall hold an organizational meeting, shall select officers to serve until the first annual meeting, and may commence conducting the affairs of the district.
33.27(4)
(4) The board may make an initial assessment of all taxable property within the district to raise funds to pay organizational costs and operate the district until the receipt of the tax voted by the first annual meeting. The manner of making the assessment shall be within the discretion of the board.
33.28
33.28
District board of commissioners. 33.28(1)
(1) Management of the affairs of the district shall be delegated to a board of commissioners.
33.28(2)
(2) The board of commissioners shall consist of:
33.28(2)(a)
(a) One person appointed by the county board who is a member of the county land conservation committee or is nominated by the county land conservation committee and appointed by the county board;
33.28(2)(b)
(b) One member of the governing body of the town, village or city within which the largest portion by valuation of the district lies, appointed by the governing body and owning property within the district if possible; and
33.28(2)(c)
(c) Three electors or owners of property within the district elected by secret ballot by the qualified electors and property owners within the district, for staggered 3-year terms. At least one of the elected commissioners shall be a resident of the district.
33.28(2m)(a)(a) An annual meeting may permanently increase the number of members of the board of commissioners to be elected under
sub. (2) (c) from 3 to 5.
33.28(2m)(b)
(b) If no resident is willing to be elected as required under
sub. (2) (c) for a given term, the residency requirement shall be waived until the end of that term.
33.28(3)
(3) Three commissioners shall constitute a quorum for the transaction of business.
33.28(4)
(4) The board shall select a chairperson, secretary and treasurer from among its members.
33.28(5)
(5) Commissioners shall be paid actual and necessary expenses incurred while conducting business of the district, plus such compensation as may be established by the annual meeting.
33.28(6)
(6) The board shall meet at least quarterly, and at other times on the call of the chairperson or the petition of 3 of the members.
33.28(7)
(7) If a vacancy occurs in the membership of the board under
sub. (2) (a) or
(b), the appointing authority shall appoint a person to fill the vacancy. If a vacancy occurs in the membership of the board under
sub. (2) (c), the chairperson of the board shall appoint a person to fill the remainder of the unexpired term, subject to approval by a majority vote of the board.
33.285
33.285
Property owning requirements. Any requirement under
s. 33.27 (1) or
33.28 that a person own property within the district to be eligible for membership on the board of commissioners is satisfied if a person is an official representative, officer or employe of any trust, foundation, corporation, association or organization which is an owner of property within the district.
33.285 History
History: 1975 c. 197;
1979 c. 299.
33.29
33.29
Board of commissioners; officers; powers and duties. 33.29(1)(1) The board shall be responsible for:
33.29(1)(a)
(a) Initiating and coordinating research and surveys for the purpose of gathering data on the lake, related shorelands and the drainage basin;
33.29(1)(b)
(b) Planning lake protection and rehabilitation projects;
33.29(1)(c)
(c) Contacting and attempting to secure the cooperation of officials of units of general purpose government in the area for the purpose of enacting ordinances deemed necessary by the board as furthering the objectives of the district;
33.29(1)(d)
(d) Adopting and carrying out lake protection and rehabilitation plans and obtaining any necessary permits therefor; and
33.29(1)(e)
(e) Maintaining liaison with those officials of state government involved in lake protection and rehabilitation, and providing the department with the names and addresses of the current commissioners.
33.29(2)
(2) The board shall have control over the fiscal matters of the district, subject to the powers and directives of the annual or a special meeting. The board shall annually at the close of the fiscal year cause an audit to be made of the financial transactions of the district, which shall be submitted to the annual meeting.
33.29(3)
(3) The board, immediately after each annual meeting, shall elect a chairperson, secretary and treasurer, whose duties shall be as follows:
33.29(3)(a)
(a) The chairperson shall preside at the annual meeting, at all special meetings and meetings of the board and at all public hearings held by the board.
33.29(3)(b)
(b) The secretary shall keep minutes of all meetings of the board and hearings held by it, and shall annually notify the department of the continued existence of the district.
33.29(3)(c)
(c) The treasurer shall receive and take charge of all moneys of the district, and pay out the same only on order of the board.
33.29 History
History: 1973 c. 301;
1989 a. 159,
359.
33.30
33.30
Annual meeting of district. 33.30(1)
(1) Every district shall have an annual meeting. Each annual meeting shall be scheduled during the time period between May 22 and September 8 unless scheduled outside those dates by majority vote of the previous annual meeting.
33.30(2)
(2) The annual meeting shall be preceded by written notice mailed at least 10 days in advance of the meeting to all electors within the district and owners of property within the district, whose address is known or can be ascertained with reasonable diligence, and to the department. The district board of commissioners may substitute a class 2 notice, under
ch. 985, in lieu of sending written notice to electors residing within the district.
33.30(3)
(3) At the annual meeting, electors and property owners shall do all of the following:
33.30(3)(a)
(a) Elect by secret ballot one or more commissioners to fill vacancies occurring in the elected membership of the district board.
33.30(3)(b)
(b) Approve a budget for the coming year. The budget shall separately identify the capital costs and the costs of operation of the district, shall conform with the applicable requirements under
s. 65.90 and shall specify any item that has a cost to the district in excess of $10,000.
33.30(4)
(4) At the annual meeting, electors and property owners may do any of the following:
33.30(4)(a)
(a) Vote by majority a tax upon all taxable property within the district. That portion of the tax that is for the costs of operation for the coming year may not exceed a rate of 2.5 mills of equalized valuation as determined by the department of revenue and reported to the district board. The tax shall be apportioned among the municipalities having property within the district on the basis of equalized full value, and a report shall be delivered by the treasurer, by November 1, by certified statement to the clerk of each municipality having property within the district for collection.
33.30(4)(b)
(b) Take up and consider such other business as comes before it.
33.30(4)(c)
(c) Establish compensation to be paid the district board commissioners.
33.30(4)(d)
(d) Create a nonlapsible fund to finance specifically identified capital costs.
33.305
33.305
Special meetings of district. 33.305(1)
(1) The board of commissioners of a district may schedule a special meeting of the district at any time. The board of commissioners shall schedule a special meeting upon receipt of a petition signed by at least 10% of the electors and property owners in the district.
33.305(2)
(2) Written notice of a special meeting shall be given to the same persons and in the same manner required under
s. 33.30 (2).
33.305(3)
(3) At a special meeting, electors and property owners may take any action that is required or allowed to be taken at an annual meeting, except they may not do any of the following:
33.305(3)(a)
(a) Approve an annual budget but they may consider and vote on amendments to the annual budget.
33.305(3)(c)
(c) Consider the dissolution of the district or dissolve the district.
33.305(3)(d)
(d) Consider a matter that was resolved during another special meeting that was held since the previous annual meeting.
33.305 History
History: 1989 a. 159;
1995 a. 349.
33.31
33.31
Power to finance. 33.31(1)(1) Every district may borrow money and use any other financing method prescribed by law. In utilizing financing powers, the commission shall follow the procedures required by statute for the selected financing methods so far as they are applicable and not in conflict with this subchapter.
33.31(2)
(2) Any district, when in temporary need, may borrow money under
s. 67.12.
33.31(3)
(3) The district shall levy an annual, irrepealable tax to pay the principal and interest of the indebtedness incurred under
subs. (1) and
(2) when they are due. The district shall levy this tax without limitation as to rate or amount on all taxable property within the district. The tax shall be reported in accordance with
s. 33.30 (4) (a) and may not be included nor includable in the operations tax limit of
s. 33.30 (4) (a).
33.31(4)
(4) At an annual or special meeting, the district may not consider or approve any borrowing or any tax to pay the indebtedness incurred under
sub. (1) or
(2) unless the meeting notice under
s. 33.30 (2) or
33.305 (2) includes a statement that borrowing or a tax levy to pay the indebtedness will be considered at the meeting.
33.32
33.32
Special assessments and special charges. 33.32(1)(1) Special assessments for the purpose of carrying out district protection and rehabilitation projects, or for other lake management or sanitary service activities undertaken by the district, may be levied by the commissioners as an exercise of the district's police powers in the following manner:
