Chapter 198

CHAPTER 198

MUNICIPAL POWER AND WATER DISTRICTS

198.01   Definitions.

198.02   District, creation, powers.

198.025   Plan for district.

198.03   Procedure for organizing district; initiation.

198.04   Procedure for organizing district; 2nd step.

198.05   Subdistricts, boundaries.

198.06   Referendum.

198.07   Board of directors, boundaries.

198.08   Directors.

198.09   Vacancies, declared, filled.

198.10   Taxation.

198.11   Compensation and expenses of directors.

198.12   Corporate powers of district.

198.13   Acquisition of private utilities; dissolution of power district.

198.14   Powers of district board.

198.145   District legislature, ordinances, officers.

198.15   Board procedure.

198.16   General manager.

198.165   District clerk, treasurer, attorney, duties.

198.167   Certified public accountant; annual report.

198.17   Eminent domain procedure.

198.18   District bonds.

198.19   Annexation of territory.

198.20   Consolidation of districts.

198.21   District obligations inviolate.

198.22   Municipal water districts.

198.01 198.01 Definitions. In this chapter, unless the context otherwise requires:

198.01(1) (1) “Board of directors,” “directors” or “board” means the board of directors of a municipal power district selected as provided in this chapter, duly constituted and organized and acting as a board.

198.01(2) (2) “Chief executive” means mayor or city manager, village president, or chairperson of the town.

198.01(3) (3) “Commission” means the public service commission and any other body, commission or agency of the state which may at any time hereafter succeed to the general powers and jurisdiction of said commission.

198.01(3m) (3m) “County clerk” means the clerk of the county containing the largest number of voters within a district or proposed district.

198.01(4) (4) “Governing body,” whenever used in relation to any municipality, means in the case of any town or village, the town or village board, and, in the case of any city, the common council or commissioners, as the case may be, of such city, and shall be held to include the mayor or other chief executive officer of such municipality in any case wherein the concurrence or approval of such officer is required by the law governing such municipality for the adoption of any municipal ordinance or resolution or other municipal act provided for in this chapter.

198.01(5) (5) “Municipality” means any town, city, or village.

198.01(6) (6) “Municipal power district,” “power district” or “district” means a municipal power district organized under this chapter, either as originally organized or as the same may be from time to time altered or amended.

198.01(7) (7) “Public utility” or “utility” means the plant, equipment, materials, supplies and any other or different property, including contract rights, used and useful primarily for the production, transmission or furnishing of electric power to or for the public for any purpose by a person, firm, association, corporation or a municipality and whether operated by a person, firm, association, corporation, a municipality or by trustees or by receivers appointed by any court.

198.01(8) (8) “Voters” means vote for governor at the last general election.

198.01 History History: 1983 a. 189; 1989 a. 56 s. 258; 1997 a. 254; 2001 a. 107.

198.02 198.02 District, creation, powers. A municipal power district may be created as provided in this chapter and when so created shall be considered a municipal corporation and may exercise the powers granted in this chapter. Any 2 or more municipalities, whether contiguous or otherwise or in the same or different counties, may organize and incorporate as a municipal power district. No municipality may be divided in the formation of a municipal power district, and no municipality shall be included in a municipal power district unless approved by a majority of the votes cast in that municipality at an election under s. 198.06 on the proposition of whether a district should be created.

198.02 History History: 1997 a. 254.

198.025 198.025 Plan for district. It shall be the duty of the commission upon request of the governing body of any city, village or town to work out with the municipality, or with any group of municipalities interested with it in the creation of a municipal power district, a feasible working plan for a proposed district.

198.025 History History: 1997 a. 254.

198.03 198.03 Procedure for organizing district; initiation. The procedure for organizing, incorporating, and creating a municipal power district under the provisions of this chapter is as follows:

198.03(1) (1) Initial resolution. The governing bodies of one-half or more of the municipalities proposed to be included in the district shall first pass resolutions, declaring that public interest or necessity demands the creation and maintenance of a municipal power district to be known as “the .... (giving the name) municipal power district”. The resolutions shall name the municipalities to be included in the proposed district. Certified copies of the resolutions shall be presented to the county clerk, requesting the county clerk to call an election without delay for determining whether the district shall be created.

198.03(2) (2) Petition in lieu of resolution. In lieu of the resolutions provided for by sub. (1), a petition may be presented to the county clerk signed by at least 10 percent of the voters in the proposed district. The petition shall declare that, in the opinion of the petitioners, public interest or necessity demands the creation and maintenance of a municipal power district. The petition may be on separate sheets of paper, but each sheet shall contain the affidavit of the person who circulated the sheet, certifying that each name signed on that sheet is the true signature of the person whose name it purports to be.

198.03 History History: 1997 a. 254.

198.04 198.04 Procedure for organizing district; 2nd step.

198.04(1) (1) Notice to commission. Upon receipt of the certified copies of the resolutions adopted under s. 198.03 (1) or the petition presented under s. 198.03 (2), the county clerk shall immediately notify the commission in writing that the municipalities filing the resolutions or those named in the petition as constituting the proposed power district had petitioned the county clerk to call an election without delay for determining whether the district should be created.

198.04(2) (2) Report of commission. Within 90 days after receipt of the notice of the county clerk under sub. (1), the commission shall file with the county clerk its written recommendations as to the feasibility or nonfeasibility of the proposed district with reasons for the commission’s recommendations. Certified copies of the commission’s recommendations shall at the same time be filed by the commission with the clerk of each municipality included within the proposed district.

198.04(3) (3) Election called. Upon receipt of the commission’s recommendations, or upon expiration of the 90-day period referred to in sub. (2), the county clerk shall call without delay an election within the proposed district for the purpose of determining whether the proposed district shall be created.

198.04 History History: 1993 a. 482; 1997 a. 254.

198.05 198.05 Subdistricts, boundaries. Every petition or resolution provided for in s. 198.03 shall divide the proposed district into 5 subdistricts, giving each a number, except as provided in s. 198.07 (3). In the event that the boundaries of the district as originally proposed are changed at the election, provided for by s. 198.06, and approved by the commission pursuant to s. 198.06 (5), the commission shall make adjustments in the boundaries of the subdistricts that are necessary to comply with s. 198.07.

198.05 History History: 1997 a. 254.

198.06 198.06 Referendum.

198.06(1) (1) Notice of election, publication. Upon the establishment of subdistricts the county clerk shall give notice of an election to be held within the proposed district for the purpose of determining whether the proposed district shall be created. Such notice shall state the name of the proposed district, and describe its boundaries. The notice shall be published once a week for at least 3 consecutive weeks before the day of the election in some newspaper or newspapers having a general circulation within the proposed district.

198.06(2) (2) Ballot requirements. The ballot for the election shall be in such form and contain such instructions and shall be of the size required by ss. 5.51 and 5.64 for the referendum ballot, except that there shall appear on the ballot the following:

Shall the.... (giving the name thereof) “municipal power district” be created and established?