[Adopted 8-17-2010 by Ord. No. 2010-03; amended in its entirety 11-13-2018 by Ord. No. 2018-10]
A.
Purpose. The purpose of this article is to establish the Town of
Buchanan Stormwater Utility District ("District") with the authority,
powers and resources to develop, finance, construct, operate, maintain,
manage and regulate stormwater and surface water facilities in the
Town of Buchanan.
B.
Authority. This article is created pursuant to authority conferred
by §§ 66.0821 and 66.0827 of the Wisconsin Statutes.
C.
Jurisdiction. This article shall apply to the entire unincorporated
area of the Town of Buchanan.
D.
Findings. The Town Board of the Town of Buchanan finds that the effective
management of stormwater and surface water drainage is necessary to
promote the health, safety, welfare, and prosperity of the Town of
Buchanan by mitigating flood damage to public infrastructure and private
property, minimizing environmental degradation from erosion, sedimentation
and contamination and enhancing safety for people.
A.
Establishment. There is hereby established the Town of Buchanan Stormwater
Utility District pursuant to the provisions of §§ 66.0821
and 66.0827, Wisconsin Statutes.
B.
Authority to make improvements. The District may acquire, construct,
lease, own, operate, maintain, extend, expand, replace, clean, dredge,
repair, conduct, manage and finance such facilities as are deemed
by the District to be proper and reasonably necessary for a system
of surface water management. These facilities may include, without
limitation by enumeration, surface and underground drainage facilities,
sewers, watercourses, retaining walls, and ponds and such other facilities
as will support a stormwater management system.
C.
Authority to establish fees and assessments. The District may fix
and collect charges or fees and levy special assessments to finance
the cost of creating, operating and maintaining a stormwater management
system. The District may borrow money and issue revenue bonds.
D.
Authority to inspect. The District, by its authorized employees or
agents, may enter upon all properties in the Town for the purpose
of inspection, observation, measurement, sampling, testing, construction
or enforcement of this article. If the District has been denied entry,
it may seek a special inspection warrant pursuant to Chapter 66, Wisconsin
Statutes.
E.
Authority to regulate. The District may adopt regulations in connection
with and relating to the development, financing, management, use and
maintenance of stormwater management facilities.
F.
Authority to contract. The District may contract for services, equipment
and materials.
G.
Acquire and hold property. The District may purchase and hold interests
in real property subject to Town Board approval by written resolution.
The District may exercise the power of eminent domain for stormwater
management purposes.
A.
Budget. The District shall prepare and adopt an annual budget which
is to include all capital, operation and maintenance costs. The budget
shall be prepared by October 1 of each year.
B.
Records. The District shall maintain all records and shall be subject
to the public records provisions of Chapter 19, Wisconsin Statutes.
The District shall keep records and books of account in a manner and
form prescribed by the Public Service Commission.
C.
Claims. The District shall be deemed an agency of the Town of Buchanan
subject to the procedures, limitations and immunities pursuant to
§ 893.80 of the Wisconsin Statutes.
A.
Establishment. There is hereby established a Stormwater Utility District
Commission ("Commission") to govern and administer the affairs of
the Stormwater Utility District.
B.
Membership. The Commission shall consist of five members. The Town
Chair shall be a member and shall serve as the Commission President.
Each of the remaining four Commission members shall be an elected
Town Board Supervisor. The Town Clerk shall serve as the Utility/Commission
Clerk.
C.
Term. Each Commission member shall serve a term on the Commission
concurrent with his or her term on the Town Board.
D.
Compensation. All Commission members are entitled to receive compensation
on the same basis as the Town Board.
E.
Meetings. Meetings shall be held at the call of the President and
at such other times as the Commission may determine. Meetings shall
be open to the public. Meetings shall be subject to Chapter 19, Wisconsin
Statutes. A quorum shall consist of a majority of the members.
F.
Records and decisions. The Commission shall keep minutes of its proceedings
showing the vote of each member upon each question, or if absent or
failing to vote, indicating such fact, and shall keep records of its
official actions, all of which shall be immediately filed with the
Clerk and shall be a public record.
