229.66(1)
(1) There is created, for each jurisdiction under
s. 229.67, a special district that is a local governmental unit, that is a body corporate and politic, that is separate and distinct from, and independent of, the state, that has the powers under
s. 229.68 and the name of which includes "Professional Baseball Park District".
229.66(2)
(2) A district is governed by its district board. The district board may adopt bylaws to govern the district's activities, subject to this subchapter. Subject to
sub. (3), the district board shall consist of the following members:
229.66(2)(a)
(a) A number of persons equal to the number of counties within the jurisdiction of the district plus one, appointed by the governor. At least one of the persons appointed by the governor shall reside within each county that is within the jurisdiction of the district. A person appointed under this paragraph may take his or her seat immediately upon appointment and qualification, subject to confirmation or rejection by the senate.
229.66(2)(b)
(b) Two persons appointed by the chief executive officer of the most populous county within the jurisdiction of the district, who shall serve at the pleasure of the chief executive officer. A person appointed under this paragraph may take his or her seat immediately upon appointment and qualification, subject to confirmation or rejection by a majority of the members-elect of the county board.
229.66(2)(c)
(c) One person for each county in the jurisdiction of the district other than the most populous county within the jurisdiction of the district, appointed by the chief executive officer of that county. Each person appointed under this paragraph for a county shall serve at the pleasure of the chief executive officer in that county. A person appointed under this paragraph may take his or her seat immediately upon appointment and qualification, subject to confirmation or rejection by a majority of the members-elect of the county board.
229.66(2)(g)
(g) One person appointed by the mayor of the most populous city within the jurisdiction of a district or if that city is organized under
subch. I of ch. 64, the president of the council of that city, who shall serve at the pleasure of the mayor. A person appointed under this paragraph may take his or her seat immediately upon appointment and qualification, subject to confirmation or rejection by a majority of the members-elect of the common council or council.
229.66(3)
(3) Upon appointment under
sub. (2), the appointing authorities shall certify the appointees to the secretary of administration. The term of office of 50% of the persons appointed under
sub. (2) (a) is 2 years, and the term of office of the other 50% of the persons appointed under
sub. (2) (a) is 4 years, except that if an odd number of persons is appointed under
sub. (2) (a), there shall be one more office with a term of 4 years than there are offices with terms of 2 years, and except that for the initial appointments for a newly created district the initial terms shall expire on July 1 of the 2nd year beginning after creation of a district for persons appointed to 2-year terms, and the initial terms shall expire on July 1 of the 4th year beginning after creation of a district for persons appointed to 4-year terms. Persons appointed under
sub. (2) (a) may be removed from the district board before the expiration of their terms by the appointing authority but only for cause, as defined in
s. 17.001. Vacancies for persons appointed under
sub. (2) (a) shall be filled by the appointing authority who appointed the person whose office is vacant. A person appointed to fill a vacancy under
sub. (2) (a) shall serve for the remainder of the term to which he or she is appointed. All of the appointing authorities shall ensure, to the greatest extent possible, that the membership of the board is diverse with respect to race. Of the persons appointed under
sub. (2), not more than 4 may reside in any one county.
229.66(4)
(4) The governor shall select the chairperson of the district board and the district board shall elect from its membership a vice chairperson, a secretary and a treasurer. A majority of the current membership of the district board constitutes a quorum to do business. The district may take action based on the affirmative vote of a majority of those directors who are present at a meeting of the district board.
229.66(5)
(5) The members of the district board shall be reimbursed for their actual and necessary expenses incurred in the performance of their duties.
229.66(6)
(6) Upon the appointment and qualification of a majority of the members of a district board, the district board may exercise the powers and duties of a district board under this subchapter.
229.66(7)
(7) At its first meeting the district board shall name the district.
229.66 History
History: 1995 a. 56;
2001 a. 103.
229.67
229.67
Jurisdiction. A district's jurisdiction is any county with a population of more than 600,000 and all counties that are contiguous to that county and that are not already included in a different district. Once created, a district's jurisdiction is fixed even if the population of other counties within the district subsequently exceeds 600,000. Once a county is included in a district's jurisdiction the county remains in the district until the district is dissolved under
s. 229.71. In this section, "contiguous" includes a county that touches another county only at a corner.
229.67 History
History: 1995 a. 56;
2001 a. 16.
229.68
229.68
Powers of a district. A district has all of the powers necessary or convenient to carry out the purposes and provisions of this subchapter. In addition to all other powers granted by this subchapter, a district may do all of the following:
229.68(1)
(1) Adopt and alter an official seal.
229.68(2)
(2) Sue and be sued in its own name, plead and be impleaded.
229.68(4)
(4) In connection with baseball park facilities:
229.68(4)(a)
(a) Acquire, construct, equip, maintain, improve, operate and manage the baseball park facilities as a revenue-generating enterprise, or engage other persons to do these things.
229.68(4)(b)
(b) Acquire; lease, as lessor or lessee; use; or transfer property; except that the district may not enter into any lease that does not receive the affirmative vote of a supermajority of the district board.
229.68(4)(d)
(d) Enter into contracts, subject to such standards as may be established by the district board. The district board may award any such contract for any combination or division of work it designates and may consider any factors in awarding a contract, including price, time for completion of work and qualifications and past performance of a contractor.
229.68(4)(f)
(f) Make a grant of land or other property to the state, especially dedicated by the grant to use for a professional baseball park.
229.68(5)
(5) Employ personnel, and fix and regulate their compensation; and provide, either directly or subject to an agreement under
s. 66.0301 as a participant in a benefit plan of another governmental entity, any employee benefits, including an employee pension plan.
229.68(6)
(6) Purchase insurance, establish and administer a plan of self-insurance or, subject to an agreement with another governmental entity under
s. 66.0301, participate in a governmental plan of insurance or self-insurance.
229.68(7)
(7) Mortgage, pledge or otherwise encumber the district's property or funds.
229.68(8)
(8) Issue revenue bonds under
s. 66.0621, subject to
ss. 229.72 to
229.79, and enter into agreements related to the issuance of bonds, including liquidity and credit facilities, remarketing agreements, insurance policies, guaranty agreements, letter of credit or reimbursement agreements, indexing agreements, interest exchange agreements and currency exchange agreements, except that the district may issue bonds under this subsection only if all of the following conditions are met:
229.68(8)(a)
(a) A supermajority of the district board vote in favor of issuing bonds.
229.68(8)(b)
(b) A majority of the members of the district board determines, based on the best available information, that the total cost of the initial construction of baseball park facilities does not exceed $250,000,000.
229.68(8)(c)
(c) A majority of the members of the district board determines that the district's lease arrangement with the professional baseball team franchise that uses baseball park facilities constructed under this subchapter as its home facilities incorporates a term of at least 30 years.
229.68(9)
(9) Maintain funds and invest the funds in any investment that the district board considers appropriate.
229.68(11)
(11) Promote, advertise and publicize its baseball park facilities and related activities.
229.68(12)
(12) Set standards governing the use of, and the conduct within, its baseball park facilities in order to promote public safety and convenience and to maintain order.
229.68(13)
(13) Establish and collect fees, and establish shared revenue arrangements or other charges for the use of its baseball park facilities or for services rendered by the district.
229.68(14)
(14) Enter into partnerships, joint ventures, common ownership or other arrangements with other persons to further the district's purposes.
229.68(15)
(15) Impose, by the adoption of a resolution, the taxes under
subch. V of ch. 77. A district may not levy any taxes that are not expressly authorized under
subch. V of ch. 77 and that do not receive the affirmative vote of a supermajority of the district board. If a district adopts a resolution which imposes taxes, it shall deliver a certified copy of the resolution to the secretary of revenue at least 30 days before its effective date.
229.68(16)
(16) Accept gifts, loans and other aid, which may be used only for the following purposes:
229.68(16)(a)
(a) Retiring the bonds used to construct the baseball park facilities.
229.68(16)(d)
(d) Making capital improvements to the baseball park facilities.
229.68(17)
(17) Administer the receipt of revenues, and oversee the payment of bonds issued by the district.
229.68 History
History: 1995 a. 56;
1999 a. 150 s.
672.
229.682
229.682
Special provisions. 229.682(1)(1)
Gifts and donations. The district board shall explore and consider ways to solicit and encourage gifts and donations for the construction of baseball park facilities and, to the extent feasible, implement means to solicit such gifts and donations.
229.682(2)
(2) Prevailing wages. The construction of a baseball park facility that is financed in whole or in part by a district is subject to
s. 66.0903.
229.682(3)
(3) Special debt payments. The district shall pay, over a 3-year period beginning on October 1, 1996, any outstanding debt used to finance improvements to a baseball stadium that has been used as a home field by a major league professional baseball team in the district, up to a maximum amount of $1,500,000.
229.682(4)
(4) Special ticket provisions. A major league professional baseball team that uses as its home field baseball park facilities that are constructed under this subchapter shall annually designate, for each county that is in the district's jurisdiction, at least one of the team's home games as a discount ticket day for that county, for which residents of that county may purchase discounted admission tickets.
229.682(6)
(6) Use of stadium. The district board shall consider during the design review process the utilization of the facility for events in addition to baseball, which are consistent with the program statement and design for the stadium complex, and do not adversely affect the design, construction schedule or budget.
229.682(7)
(7) Youth sports organizations. A major league professional baseball team that uses as its home field baseball park facilities that are constructed under this subchapter shall make an annual contribution of at least $20,000 to youth sports organizations in this state for the purchase of equipment or the rental or maintenance of athletic facilities that are used by such organizations. The contributions that are required under this subsection may be made in cash or equipment.
229.682(8)
(8) Special rental payments. If a district board enters into a lease agreement with a professional baseball team for the rental of baseball park facilities under this subchapter, the lease agreement shall include all of the following:
229.682(8)(a)
(a) A provision requiring lessees of sky boxes located in the facilities to pay to the team an amount equivalent to the combined sales tax rates in the jurisdictions in which the facilities are located multiplied by the total of all payments for the rental of the sky boxes.
229.682(8)(b)
(b) A provision requiring the team to include amounts received under
par. (a) as part of its rental payment to the district.
229.682 History
History: 1995 a. 56;
1999 a. 150 s.
672.
229.685
229.685
Special fund tax revenues. 229.685(1)
(1) The district board shall maintain a special fund into which it deposits only the revenue received from the department of revenue, that is derived from the taxes imposed under
subch. V of ch. 77, and may use this revenue only for purposes related to baseball park facilities.
229.685(2)
(2) If the district board determines that the revenues in the special fund under this section exceed current operating expenses for the operation of baseball park facilities, the district board shall apply the excess to either fund a fund for maintenance costs and capital improvements or to retire bonds issued for the initial construction of baseball park facilities, and any bonds issued to fund or refund those bonds, prior to their maturity. As soon as practicable after the retirement of all bonds issued for the initial construction of baseball park facilities and all bonds issued to fund or refund those bonds and after funding a fund for maintenance costs and capital improvements sufficiently to meet any maintenance or capital improvement obligations between the district and any professional baseball team using baseball park facilities constructed under this subchapter as a home stadium, the district board shall make a certification to the department of revenue to that effect.
229.685 History
History: 1995 a. 56.
229.69
229.69
Powers granted to a city or a county in a district. In addition to any powers that it may otherwise have, a city or a county within a district's jurisdiction may do any of the following:
229.69(1)
(1) Make grants or loans to a district upon terms that the city or county considers appropriate.
229.69(2)
(2) Expend public funds to subsidize a district.
229.69(3)
(3) Borrow money under
ss. 67.04 and
67.12 (12) for baseball park facilities or to fund grants, loans or subsidies to a district.
229.69(4)
(4) Grant to the state land or other property, especially dedicated by the grant to use for a professional baseball park.
229.69 History
History: 1995 a. 56.
229.70
229.70
Minority contracting goals. 229.70(1)(c)
(c) "Women's business" means a sole proprietorship, partnership, joint venture or corporation that is at least 51% owned, controlled and actively managed by women.
229.70(2)
(2) The district shall ensure that, for construction work and professional services contracts, a person who is awarded such a contract by a district shall agree, as a condition to receiving the contract, that his or her goal shall be to ensure that at least 25% of the employees hired because of the contract will be minority group members and at least 5% of the employees hired because of the contract will be women if the contract is for the construction of any part of baseball park facilities.
229.70(3)
(3) It shall be a goal of the district to ensure that at least 25% of the aggregate dollar value of contracts awarded by the district in the following areas shall be awarded to minority businesses and at least 5% of the aggregate dollar value of contracts awarded by the district in the following areas shall be awarded to women's businesses:
229.70(3)(a)
(a) Contracts for the construction of baseball park facilities.
229.70(3)(b)
(b) Contracts for professional services related to the construction of baseball park facilities.
229.70(3)(c)
(c) Contracts for the development of baseball park facilities.
229.70(4)
(4) It shall be a goal of a district, with regard to each of the contracts described under
sub. (3) (a),
(b) and
(c), to award at least 25% of the dollar value of such contracts to minority businesses and at least 5% of the dollar value of such contracts to women's businesses.
229.70(4m)(a)(a) The district shall ensure that, for construction work and professional services contracts, a person who is awarded such a contract by a district shall agree, as a condition to receiving the contract, that if he or she is unable to meet the goal under
sub. (2), he or she shall make a good faith effort to contract with the technical college district board of the technical college district in which the facilities are to be constructed or the professional services contract is to be performed, to develop appropriate training programs designed to increase the pool of minority group members and women who are qualified to perform the construction work or professional services.
229.70(4m)(b)
(b) If the district is unable to meet the goals under
subs. (3) and
(4), the district shall make a good faith effort to contract with the technical college district board of the technical college district in which the contracts described under
sub. (3) (a),
(b) and
(c) are to be performed, to develop appropriate training programs designed to increase the pool of minority group members and women who are qualified to perform the contracts described under
sub. (3) (a),
(b) and
(c).
229.70(5)(a)(a) The district shall hire an independent person to monitor the district's compliance with minority contracting goals under
subs. (2),
(3) and
(4) and the department of administration's compliance with minority contracting goals under
s. 16.854 (2) and
(3). The person hired shall have previous experience working with minority group members. The district shall develop a mechanism to receive regular reports from the person hired with respect to the results of the person's studies of compliance with minority contracting goals.
229.70(5)(b)
(b) If the district or a contractor is unable to meet the goals under
sub. (2),
(3) or
(4), the person hired under
par. (a) shall assess whether the district or contractor made a good faith effort to reach the goals. In determining whether a good faith effort was made to meet the goals, the person hired shall consider all of the following:
229.70(5)(b)1.
1. The supply of eligible minority businesses and women's businesses that have the financial capacity, technical capacity and previous experience in the areas in which contracts were awarded.
229.70(5)(b)2.
2. The competing demands for the services provided by eligible minority businesses and women's businesses, as described in
subd. 1., in areas in which contracts were awarded.
229.70(5)(b)3.
3. The extent to which the district or contractors advertised for and aggressively solicited bids from eligible minority businesses and women's businesses, as described in
subd. 1., and the extent to which eligible minority businesses and women's businesses submitted bids.
229.70(6)
(6) The district shall solicit from any major league baseball club to whom the district leases baseball park facilities its minority hiring goals in connection with the operation of a baseball stadium and its minority contracting goals in connection with vending contractors at a baseball stadium.
229.70 History
History: 1995 a. 56;
1999 a. 32.
229.71
229.71
Dissolution of a district. Subject to providing for the payment of its bonds, including interest on the bonds, and the performance of its other contractual obligations, a district may be dissolved by the action of the district board. If the district is dissolved, the property of the district shall be transferred to the counties in the jurisdiction, based on the tax revenues derived from each county, as determined by the secretary of administration.
