AB784,31,17 14(7) "Park facilities" means a public park, including improvements, that is
15owned by a district, or a public park, including improvements, that is owned by a
16municipality or a county, but is under the management and control of a district, or
17both.
AB784,31,18 18(8) "Political subdivision" means a municipality or county.
AB784,31,20 19(9) "Regular election" means an election that is described in s. 5.02 (5), (18),
20(21), or (22).
AB784,31,21 21(10) "Sponsoring political subdivision" means any of the following:
AB784,31,2322 (a) A municipality that creates a district on its own or in combination with
23another municipality or county.
AB784,31,2524 (b) A county that creates a district on its own or in combination with another
25municipality or county.
AB784, s. 76
1Section 76. 27.161 of the statutes is created to read:
AB784,32,7 227.161 Local park districts; creation, organization, and
3administration.
(1) Subject to sub. (5), one or more political subdivisions may
4provide for the creation of a special purpose district that is a unit of government, that
5is a body corporate and politic, that is separate and distinct from, and independent
6of, the state and the sponsoring political subdivisions, and that has the powers under
7s. 27.163, if the sponsoring political subdivisions do all of the following:
AB784,32,98 (a) Adopt an enabling resolution, subject to sub. (2), that does all of the
9following:
AB784,32,1010 1. Declares the need for establishing the district.
AB784,32,1111 2. Contains findings of public purpose.
AB784,32,1212 3. Contains a description of the boundaries of the proposed district.
AB784,32,1513 4. If the sponsoring political subdivision is a municipality, declares an intention
14to negotiate with a county the termination of any agreement entered into under s.
1527.075 (1), (2), or (4).
AB784,32,1916 5. Except in counties having a population of 500,000 or more, the number of
17commissioners, which shall be at least 3 but not more than 9, and the number of those
18commissioners who will be elected at large and the number of those commissioners
19who will be elected from election districts.
AB784,32,2520 6. If the sponsoring political subdivision is a county, declare an intention to
21negotiate with each municipality that is subject to an agreement or contract with the
22county under s. 27.075 (1), (2), or (4) the termination of any such agreements or
23contracts, or negotiate an agreement under which each such municipality may
24remain as a party to the agreement or contract knowing that the district will assume
25the county's responsibility under the agreement or contract.
AB784,33,3
17. If the sponsoring political subdivision is a county, declare an intention to
2separate its local park commission or local park department from the county as part
3of the process of creating a district.
AB784,33,54 (b) File copies of the enabling resolution with the clerk of each municipality and
5county that is wholly or partly within the boundaries of the proposed district.
AB784,33,10 6(2) Subject to sub. (5), a district shall consist of one or more political
7subdivisions. Each sponsoring political subdivision shall be identified in a
8substantially similar enabling resolution that is adopted by the governing body of
9each sponsoring political subdivision within a 90-day period beginning with the date
10of adoption of the first enabling resolution.
AB784,33,15 11(3) The creation of a district may also be provided for, subject to subs. (4) and
12(5), by referendum if a petition requesting the creation of a district is filed in
13accordance with this subsection and the question is approved by a majority of the
14electors of each of the political subdivisions where park facilities are to be included
15in the proposed district. The petition shall conform to the following requirements:
AB784,33,1816 (a) The petition shall be in the form specified in s. 8.40, shall specify each
17political subdivision whose park facilities are to be included in the proposed district,
18and shall contain a description and scale map of the proposed district.
AB784,33,2219 (b) Except in counties having a population of 500,000 or more, the petition shall
20specify the number of commissioners, and the number of those commissioners who
21will be elected at large and the number of those commissioners who will be elected
22from election districts.
AB784,33,2423 (c) The petition may be circulated on or after January 1 of any year and may
24be filed not later than 5 p.m. on the 3rd Tuesday in February.
AB784,34,3
1(d) The petition shall be signed by at least 100 qualified electors residing in
2each political subdivision whose park facilities are to be included in the proposed
3district.
AB784,34,54 (e) The petition shall be filed with the clerk of each political subdivision whose
5park facilities are to be included in the proposed district.
AB784,34,18 6(4) If all of the steps in sub. (3) occur, each political subdivision in which a
7petition containing the requisite number of signatures are submitted to the clerk
8shall hold a referendum at the next succeeding spring election. The referendum
9question shall be substantially as follows: "Shall a local park district, the territory
10of which includes in whole the .... [name of municipality or county], be created?"
11Subject to sub. (5), if the question submitted at the referendum is approved by a
12majority of the electors who vote in the referendum in at least one political
13subdivision, a special purpose district that is a unit of government, that is a body
14corporate and politic, that is separate and distinct from, and independent of, the
15state and each political subdivision, and that has the powers under s. 27.163 is
16created, the boundaries of which include each political subdivision in which the
17question is approved. If a referendum question is not approved in at least one
18political subdivision, no district may be created.
AB784,34,20 19(5) (a) A district is created on January 1 following the date on which all of the
20following occur:
AB784,34,2321 1. An enabling resolution is adopted in one or more political subdivisions under
22sub. (1), or a referendum question is approved in one or more political subdivisions
23under sub. (4).
AB784,34,2424 2. The initial commissioners are elected under sub. (7) (a) 4. and assume office.
AB784,35,7
1(b) Before a district is created, the governing bodies of each political subdivision
2that has adopted a resolution under sub. (1) or in which a referendum question has
3been approved under sub. (4) shall adopt a resolution or enact an ordinance, which
4shall become effective not later than September 1 following the date on which the
5resolution under sub. (1) or the referendum question is approved, that contains an
6agreement among each of the governing bodies which addresses at least all of the
7following provisions: