(7) Interest in contracts; penalty.
No commissioner may have an interest, directly or indirectly, in a contract with, work or labor done for or material furnished to the town sanitary district or to anyone on the district's behalf, unless the interest is in a contract not exceeding $1,000 in any one year or in the publication of required legal notices by the district or a commissioner if the publication rate does not exceed the rate prescribed by law. A commissioner who violates this subsection shall forfeit not less than $50 nor more than $500.
Sub. (6) (b) does not prevent the levy under s. 66.09 (1) (b) [now s. 66.0117 (2) (b)] of the full amount of a judgment against a district. Davy Engineering Co. v. Town of Mentor, 221 Wis. 2d 744
, 585 N.W.2d 832
(Ct. App. 1998), 97-3575
Sub. (5) (f) authorizes town sanitary districts to levy special assessments and makes the procedures under s. 66.0703 applicable to those districts. As such, service of a notice of appeal on the district clerk was proper under this section. Mayek v. Cloverleaf Lakes Sanitary District #1, 2000 WI App 182
, 238 Wis. 2d 261
, 617 N.W.2d 235
Powers to borrow money and issue municipal obligations.
A town sanitary district may, under ss. 66.0621
and ch. 67
, borrow money and issue and execute municipal obligations, as defined under s. 67.01 (6)
Power to act as a public inland lake protection and rehabilitation district. 60.782(1)(1)
In this section, “public inland lake" means a lake, reservoir or flowage within the boundaries of the state that is accessible to the public via contiguous public lands or easements giving public access.
A town sanitary district that has at least 60 percent of the footage of shoreline of a public inland lake within its boundaries for which a public inland lake protection and rehabilitation district is not in effect may do any of the following that is authorized by the commission:
Undertake projects to enhance the recreational uses of the public inland lake, including recreational boating facilities, as defined in s. 30.92 (1) (c)
Appropriate money for the conservation of natural resources or for payment to a bona fide nonprofit organization for the conservation of natural resources within the district or beneficial to the district.
Lease or acquire, including by condemnation, any real property situated in this state that may be needed for the purposes of s. 23.09 (19)
, 23.094 (3g)
or 30.275 (4)
. The power of condemnation may not used to acquire property for the purpose of establishing or extending a recreational trail; a bicycle way, as defined in s. 340.01 (5s)
; a bicycle lane, as defined in s. 340.01 (5e)
; or a pedestrian way, as defined in s. 346.02 (8) (a)
The commissioners of a town sanitary district that has the powers of a public inland lake protection and rehabilitation district under sub. (2)
shall possess the powers of the board of commissioners of a public inland lake protection and rehabilitation district that are authorized by resolution of the town sanitary district.
History: 1995 a. 349
; 2017 a. 59
Changes in district boundaries. 60.785(1)(a)(a)
Territory may be added to a town sanitary district under the procedure in s. 60.71
. The required signatures shall be obtained from property owners in the territory proposed to be added to the district.
In lieu of commencing the process of adding territory by petition of property owners, the commission may request the town board to add territory to the town sanitary district. Except for the requirement of a petition, the town board shall use the procedure in s. 60.71
Territory may be removed from a town sanitary district under the procedure in s. 60.71
if the town board, after the hearing, finds that one or more of the standards of s. 60.71 (6) (b)
are not met for all or part of the territory subject to a petition under par. (b) 1.
or a request under par. (b) 2.
The petition for removal of territory from a town sanitary district under par. (a)
shall state why the portion of the town sanitary district which is subject to the petition does not meet the standards in s. 60.71 (6) (b)
. The signatures required on the petition shall be obtained from property owners in the territory proposed to be removed from the district.
In lieu of commencing the process of removing territory from a town sanitary district by petition of property owners, the commission may commence the process by requesting the town board to remove the territory. The town board shall use the procedure in s. 60.71
to act on the request.
Any town sanitary district may be consolidated with a contiguous town sanitary district by resolution passed by a two-thirds vote of all of the commissioners of each district, fixing the terms of the consolidation and ratified by the qualified electors of each district at a referendum held in each district. The resolution shall be filed as provided in s. 8.37
. The ballots shall contain the words “for consolidation", and “against consolidation". If a majority of the votes cast on the referendum in each town sanitary district are for consolidation, the resolutions are effective and have the force of a contract. Certified copies of the resolutions and the results of the referendum shall be filed with the secretary of natural resources and the original documents shall be recorded with the register of deeds in each county in which the consolidated district is situated.
Within 60 days after the referendum, the appropriate town board shall appoint or provide for the election of commissioners or constitute itself as the commission for the consolidated district, as provided in s. 60.74
Consolidation of a district does not affect the preexisting rights or liabilities of any town sanitary district and actions may be commenced or completed on such rights or liabilities as though no consolidation had occurred.
A town sanitary district may be dissolved in whole using the procedure for creating a town sanitary district under s. 60.71
. The petition shall state why the town sanitary district does not meet the standards of s. 60.71 (6) (b)
. If the town board, after the hearing, finds that one or more of the standards of s. 60.71 (6) (b)
are not met, the town board shall order the dissolution of the town sanitary district, except that a board may not order the dissolution of a district if, following dissolution, all outstanding indebtedness of the district would not be paid or provision for payment of the indebtedness would not be made.
A town sanitary district may be dissolved in part under subd. 1.
if that sanitary district was created on October 31, 1967.
Subd. 2. was created by 1987 Wis. Act 27
. Section 3204 (57) (fm) states that the creation of subd. 2. takes effect retroactively to June 20, 1983.
Any unexpended funds remaining after dissolution of the district shall be distributed by the commission on an equitable basis to the municipalities or persons who supplied the funds.
(4) Review of orders.
The town board's order under sub. (1)
may be reviewed under the procedures and time limits in s. 60.73
Alteration of town sanitary districts. 60.79(1)(1)
Incorporation or annexation of entire town sanitary district.
If any territory which includes an entire town sanitary district is incorporated as a city or village or if the territory is annexed by a city or village:
The incorporation or annexation dissolves the district without further action by the commission or the town board and without any right to appeal the dissolution.
The property of the district passes to the city or village and the city or village shall assume all assets and liabilities of the district. If any revenue bond, revenue bond anticipation notes, mortgage bonds or mortgage certificates issued under s. 66.0621
are outstanding, the transfer of the property is subject to the bonds, notes or certificates. If any general obligation bonds or notes issued under ch. 67
are outstanding, the city or village shall levy and collect an annual irrepealable tax on all taxable property in the city or village in an amount necessary to pay the interest and principal of the bonds and notes when due.
The city or village continues to collect special assessments levied by the former district and shall apply the special assessments to the purpose for which the original assessment was made.
(2) Incorporation or annexation of part of a town sanitary district. 60.79(2)(a)(a)
The incorporation or annexation of territory within the town sanitary district detaches that territory from the district.
The city or village and the town sanitary district are subject to pars. (c)
if territory constituting less than the entire town sanitary district is annexed or incorporated and:
The territory is served by the town sanitary district with a water or sewerage system; or
The territory is not served by the town sanitary district with a water or sewerage system, but the district has obligations related to the territory subject to incorporation or annexation which require payment for longer than one year following the incorporation or annexation.
The city or village and the town sanitary district shall divide the assets and liabilities of the town sanitary district under s. 66.0235
or by entering into an intergovernmental cooperation agreement under s. 66.0301
, except that the ownership of any water or sewerage system shall be determined under par. (dm)
Any water or sewerage system, including all mains and all property of the system, shall belong to and be operated by the district or the city or village, in whichever the major portion of the patrons reside on the date of annexation or incorporation, unless other provision is made by agreement of the governing body of the city or village and the commission. Express power is hereby granted to the governing body of the city or village and the commission to contract with each other relative to the operation and property of any water or sewerage system.
In determining the major portion of the patrons, each location served shall be considered as one patron irrespective of the manner in which the title to the property is held.
If the responsibility for continuing the operation is vested in the town sanitary district, it shall continue, except by agreement, until the proportion of users changes so that a majority of the patrons reside in the city or village, at which time the property and the responsibility shall shift to the city or village.
Any special assessment levied before the incorporation or annexation shall continue to be collected by the district or city or village which is operating the water or sewerage system and shall be applied to the purpose for which the original assessment was made.
(3) Service area.
No city or village which secures a water or sewerage system under this section is required to serve an area outside its corporate limits greater than that included in the town sanitary district at the time of annexation or incorporation. The city or village shall continue to serve the area previously included within the district.
(4) City or village authority.
A city or village which obtains a water or sewerage system under this section may:
Continue, alter or discontinue operation by a commission.
Continue or discontinue existing methods of financing construction and operation of the system.
Levy special assessments within the area of the former town sanitary district under s. 66.0703
. Special assessments may be levied regardless of the time when the improvement was commenced or completed, when used for refunding purposes in conjunction with issuance of general obligation-local improvement bonds under s. 67.16
or special assessment bonds under s. 66.0713 (4)
(5) Collection of special assessments by towns.
Towns shall aid cities and villages, and villages and cities shall aid towns, in the levy and collection of special assessments, property taxes and all service charges under this section by entering them on town, city or village assessment and tax rolls and collecting and forwarding the moneys to the levying municipality.
Sub. (2) (b) requires selective rather than automatic application of subs. (2) (c) to (e). Town of Hallie v. City of Eau Claire, 173 Wis. 2d 450
, 496 N.W.2d 656
(Ct. App. 1992).
Sub. (2) (d) is inapplicable to annexed property that contains no commercial or personal patrons of a town water system that runs through it. Under sub. (1) the annexed property lies within the annexing city's domain as a matter of law and the city bears the responsibility of providing water. Town of Sheboygan v. City of Sheboygan, 203 Wis. 2d 274
, 553 N.W.2d 275
(Ct. App. 1996), 95-1839
Although sub. (1) expressly precludes a sanitary district from taking any action to challenge an annexation when its entire territory has been subsumed by an annexation, the fact that sub. (2) is silent on such challenges does not require that sub. (2) must be interpreted to permit such challenges when only a partial taking of a sanitary district's territory has occurred. Darboy Joint Sanitary District No. 1 v. City of Kaukauna, 2013 WI App 113
, 350 Wis. 2d 435
, 838 N.W.2d 103
Publication or posting of ordinances and resolutions. 60.80(1)(1)
The town clerk shall publish either in its entirety, as a class 1 notice under ch. 985
, or as a notice, as described under sub. (5) (b)
, or post in at least 3 places in the town likely to give notice to the public, the following, within 30 days after passage or adoption:
Resolutions, motions and other actions adopted by the town meeting, or in the exercise of powers, under s. 60.10
Resolutions of general application adopted by the town board and having the effect of law.
(1m) Exception for municipal obligations.
Nothing under sub. (1)
may be deemed to require notice under this subsection of the passage of any resolution authorizing the issuance of municipal obligations, as defined under s. 67.01 (6)
(2) Requirement for forfeitures.
If an ordinance imposes a forfeiture, posting may not be used in lieu of publication under sub. (1)
(3) Effective upon publication.
An ordinance, resolution, motion or other action required to be published or posted under this section shall take effect the day after its publication or posting, or at a later date if expressly provided in the ordinance, resolution, motion or action.
(4) Affidavit of posting.
If an ordinance, resolution, motion or other action is posted under this section, the town clerk shall sign an affidavit attesting that the item was posted as required by this section and stating the date and places of posting. The affidavit shall be filed with other records under the jurisdiction of the clerk.
A notice of a resolution, motion, ordinance, or action that may be published under this subsection shall be published as a class 1 notice under ch. 985
and shall contain at least all of the following:
The number and title of the resolution, motion, ordinance, or action.
A summary of the subject matter and main points of the resolution, motion, ordinance, or action.
Information as to where the full text of the resolution, motion, ordinance, or action may be obtained, including the phone number of the town clerk, a street address where the full text of the resolution, motion, ordinance, or action may be viewed, and a website, if any, at which the resolution, motion, ordinance, or action may be accessed.
Population; use of federal census.
If the census of a town is required, the last federal census, including a special federal census, if any, shall be used.
History: 1983 a. 532
Regional planning programs.
The town board may act jointly with other municipalities in the area to establish and maintain a regional planning program to protect the health, safety and general welfare of the town as part of the region. The board may make payments out of the general fund for the town's share of the cost of the program.
History: 1983 a. 532
Destruction of obsolete town records.
The town board may provide for the destruction of obsolete town records under s. 19.21 (4)
History: 1983 a. 532