AB971,53,154
196.85
(4) (d) If any bill against which objections have been filed
shall is not
5be paid within
ten 10 days after notice of a finding that
such the objections have been
6overruled and disallowed by the commission has been mailed to the objector as
7herein provided
in this subsection, the commission shall give notice of
such the 8delinquency to the state treasurer and to the objector, in the manner provided in sub.
9(3). The state treasurer shall then proceed to collect the amount of
said the
10delinquent bill as provided in sub. (3). If an amended bill is not paid within
ten 10 11days after a copy
thereof of the amended bill is mailed to the objector by registered
12mail, the commission shall notify the state treasurer and the objector as in the case
13of delinquency in the payment of an original bill. The state treasurer shall then
14proceed to collect the amount of
said the amended bill as provided in the case of an
15original bill.
AB971, s. 97
16Section
97. 197.01 (4) of the statutes is renumbered 197.01 (4) (a) and amended
17to read:
AB971,54,318
197.01
(4) (a) Any municipality
having
that owns, or has secured a declaration
19of convenience and necessity to own, operate, manage or control
, any plant or
20equipment for the production, transmission, delivery or furnishing of heat, light,
21water or power,
or owning any such plant, may contract with any public utility
22lawfully engaged as
such a public utility for a division of any of the foregoing
service 23services in
said the municipality, for a period not exceeding
ten 10 years
, with. The
24contract shall contain mutual covenants restricting and obligating operations by
1each party to service within the respective fields of division so contracted for
, and
2within such fields the. The commission shall have the right to regulate the charges
3for, and quality of, service, notwithstanding anything provided in
such the contract.
AB971,54,7
4(b) Nothing in this section shall prevent the commission from terminating
such 5a contract
authorized under par. (a) and granting a certificate of convenience and
6necessity for a
third 3rd or other utility, if in
its the commission's judgment the public
7interest requires it.
Note: Subdivides provision, breaks up long sentence, replaces word form of
number with digits, inserts specific cross-references and replaces other language.
AB971, s. 98
8Section
98. 197.02 of the statutes is amended to read:
AB971,54,15
9197.02 Action by municipalities to acquire utility. If
the a municipality
10shall have has determined to acquire a plant operated under an indeterminate
11permit provided in s. 196.54 (2), by a vote of a majority of the electors,
such the 12municipality shall bring an action in the circuit court against the public utility for
13an adjudication as to the necessity of
such the taking by the municipality. Unless the
14parties waive a jury, the question as to the necessity of the taking of
such the property
15by the municipality shall be submitted to a jury.
Note: Replaces language for greater readability and conformity with current style.
AB971, s. 99
16Section
99. 197.03 of the statutes is amended to read:
AB971,55,3
17197.03 Indeterminate permit; notice. If
the a municipality
shall have has 18determined to acquire an existing plant in the manner provided in s. 197.02, and the
19public utility owning
such the plant
shall have has consented to the taking over of
20such the plant by the municipality by acceptance of an indeterminate permit as
21provided
herein in s. 196.54 (4), or, in case
such the public utility
shall has not
have 22waived or consented to
such the taking, if
the a jury
shall have acting under s. 197.02
23has found that a necessity exists for the taking of
such the plant,
then the
1municipality shall give speedy notice
to the public utility and to the commission of
2such the municipality's determination and of
such the utility's consent or
such the
3jury's finding
to the public utility and to the commission.
Note: Inserts specific cross-references and replaces and reorders language for
greater readability and conformity with current style.
AB971, s. 100
4Section
100. 197.04 (1) of the statutes is renumbered 197.04 (1) (a) and
5amended to read:
AB971,55,126
197.04
(1) (a) Any municipality having determined to acquire an existing plant
7or any part of the equipment of a public utility may discontinue all proceedings to
8that end at any time within 90 days after the final determination of compensation
9by the commission, by a vote of the electors
of the municipality as
herein provided
10in pars. (b) and (c), or by a resolution to that effect by its
municipal council, provided
11that such governing body. Except as provided in par. (c), the resolution shall
not be
12of force and effect until become effective 90 days after its passage and publication.
AB971,56,2
13(b) If within either of
said the 90-day periods
described in par. (a) a petition
14conforming to the requirements of s. 8.40
shall be
is filed with the clerk of
such the 15municipality
, in a city of the first class and the petition has been signed by 5%
and
16in all other municipalities of the electors of a 1st class city or by 10% of the electors
17thereof, of all other municipalities requesting that the question of discontinuing
said 18the proceeding to acquire
such the plant or equipment
of the public utility be
19submitted to the electors
, such of the municipality, the applicable question
under par.
20(c) shall be submitted to the
said electors at any general or regular municipal election
21that may be held not less than 30, and not more than 35, days from the date of the
22filing of the petition
; and if. If no general election or regular municipal election is to
23be held within the stated periods,
then the governing body of the municipality shall
1order the holding of a special election for the purpose of submitting
the question to
2the electors
in case the.
AB971,56,6
3(c) 1. If a petition is filed
under par. (b) before the adoption of
such a resolution
4the question whether said as described in par. (a), the question submitted to the
5electors shall be whether the proceedings
to acquire an existing plant or any part of
6the equipment of a public utility shall be discontinued
, and in case the.
AB971,56,12
72. If a petition is filed
under par. (b) after the adoption of
said a resolution
as
8described in par. (a), the question
submitted to the electors shall be whether the
9aforesaid resolution shall remain in effect and its adoption
of the resolution shall be
10ratified
, and such. A resolution
adopted prior to the submission of a petition shall
11not
have force or effect become effective unless a majority of the electors voting on
12such the question shall be in favor
thereof of the question.
AB971, s. 101
13Section
101. 197.04 (2) of the statutes is amended to read:
AB971,56,2514
197.04
(2) The
municipal council
governing body of the municipality may
15provide for
the notice
of, the manner of holding s
uch election and, the method of
16voting
thereon and of on, the method of making returns
thereof of, and the
method
17of canvassing and determining
of the result
thereof; provided, that notice of, the
18election required under sub. (1). Notice of the
submission of the question
19contemplated herein election to the electors shall be given by a brief notice of that
20fact once a week for
three 3 weeks in some newspaper of general circulation
21published in the municipality
, and if there be no such
. If no newspaper
then of
22general circulation is published in the municipality, publication may be made in any
23newspaper of general circulation in the county seat of the county
wherein in which 24the municipality is located. The notice of holding any special election shall be
25incorporated as a part of the
aforesaid notice
given under this subsection.
AB971, s. 102
1Section
102. 197.04 (3) of the statutes is amended to read:
AB971,57,42
197.04
(3) Upon
the discontinuance of
the proceedings
to acquire an existing
3plant or any part of the equipment of a public utility by the municipality no
4subsequent proceedings shall be instituted within 2 years thereafter.
Note: Replaces obsolete term, "municipal council" with current terminology,
subdivides provision, breaks up long sentence, replaces word form of number with digits,
inserts specific cross-references and references and replaces other language.
AB971, s. 103
5Section
103. 197.05 (1) and (2) of the statutes are amended to read:
AB971,57,156
197.05
(1) The Upon receipt of the notice under s. 197.03, the commission shall
7thereupon set a time and place for a public hearing upon the matters of the just
8compensation to be paid for the property of
such
the public utility,
wheresoever 9wherever situated, actually used and useful for the convenience of the public, and of
10all other terms and conditions of the purchase
, and. The commission shall give
to the
11interested municipality and
the public utility
interested, not less than 30 days' notice
12of the time and place
such at which the hearing will be held, and
such the matters
13to be considered and determined
, and
at the
hearing. The municipality shall publish
14in the county in which
such the public utility is located a class 3 notice, under ch. 985,
15of the hearing.
AB971,57,22
16(2) The commission shall, by order, fix and determine and certify to the
17municipal council governing body of the municipality, to the public utility and to any
18bondholder, mortgagee, lienor or any other person having or claiming to have any
19interest in
such the public utility appearing
upon such at the hearing, just
20compensation to be paid for the taking of the property of
such the public utility
21actually used and useful for the convenience of the public and all other terms and all
22conditions of purchase
which it that the commission shall ascertain to be reasonable.
AB971, s. 104
1Section
104. 197.05 (3) of the statutes is renumbered 197.05 (3) (a) and
2amended to read:
AB971,58,113
197.05
(3) (a) The compensation and other terms and the conditions of
4purchase
thus certified by the commission
under sub. (2) shall constitute the
5compensation and terms and conditions to be paid, followed and observed in the
6purchase of
such the plant from
such the public utility. Upon the filing of
such
7certificate the order issued under sub. (2) with the clerk of
such the municipality the
8absolute title of the property taken shall vest in
such the municipality
, and, as. As 9to any
such property
to be taken that is located outside of Wisconsin, the circuit court
10is vested with power to require
such the public utility company to convey the
same 11property to the municipality.
AB971,58,15
12(b) Municipalities in adjoining states
which that have determined to acquire
13a public utility, part of which is located in Wisconsin, are authorized to acquire and
14to hold and operate any part of
such the public utility located in Wisconsin, provided
, 15such the adjoining state gives a similar power to Wisconsin municipalities.
Note: The reference to "certificate" is changed to "order" for internal consistency.
Replaces obsolete term "municipal council" with current terminology, breaks up long
sentences and subdivision, inserts specific cross-references and references and replaces
other language.
AB971, s. 105
16Section
105. 198.01 (3m) of the statutes is created to read:
AB971,58,1817
198.01
(3m) "County clerk" means the clerk of the county containing the
18largest number of voters within a district or proposed district.
Note: Moves the definition of "county clerk" from s. 198.03 (1) to clarify the
meaning of the term throughout the chapter.
AB971, s. 106
19Section
106. 198.02 of the statutes is amended to read:
AB971,59,8
20198.02 District, creation, powers. A municipal power district may be
21created as provided in this chapter and when so created shall be considered a
1municipal corporation and may exercise the powers
herein granted
in this chapter.
2Any
two 2 or more municipalities, whether contiguous or otherwise or in the same
3or different counties, may organize and incorporate as a municipal power district
,
4but no. No municipality
shall may be divided in the formation of
such a
municipal
5power district,
nor shall any and no municipality
shall be included
therein in a
6municipal power district unless approved by a majority of the votes cast
thereon in
7that municipality at an election
under s. 198.06 on
such the proposition
of whether
8a district should be created.
Note: Breaks up long sentences, replaces word form of number with digits, inserts
specific cross-references and references and replaces other language.
AB971, s. 107
9Section
107. 198.025 of the statutes is amended to read:
AB971,59,13
10198.025 Plan for district. It shall be the duty of the
public service commission
11upon request of the governing body of any city, village or town to work out with
such 12the municipality, or with any group of municipalities interested with it in the
13creation of a municipal power district, a feasible working plan for a proposed district.
Note: Section 198.01 (3) defines "commission" to mean the public service
commission.
AB971, s. 108
14Section
108. 198.03 (title), (1) and (2) of the statutes are amended to read:
AB971,59,15
15198.03 (title)
Procedure for organizing district; initiation.
AB971,60,2
16(1) Initial resolution. The governing bodies of one-half or more of the
17municipalities proposed to be included in the district shall first pass resolutions,
18declaring that public interest or necessity demands the creation and maintenance
19of a municipal power district to be known as "the
.... (giving the name) municipal
20power district".
Such The resolutions shall name the municipalities to be included
21in the proposed district. Certified copies of
such
the resolutions shall
next be
22presented to the county clerk
of the county containing the largest number of voters
1within the proposed district, requesting
said the county clerk to call an election
2without delay for determining whether
such the district shall be created.
AB971,60,10
3(2) Petition in lieu of resolution. In lieu of the resolutions provided for by
4sub. (1), a petition may be presented to the county clerk
of said county signed by at
5least
ten per cent 10% of the voters in
said the proposed district.
Such The petition
6shall declare that, in the opinion of the petitioners, public interest or necessity
7demands the creation and maintenance of a municipal power district. The petition
8may be on separate sheets of paper, but each sheet shall contain the affidavit of the
9person who circulated the
same sheet, certifying that each name signed
thereto on
10that sheet is the true signature of the person whose name it purports to be.
Note: Clarifies title, replaces word form of number with digits, inserts specific
references and replaces other language.
AB971, s. 109
11Section
109. 198.04 of the statutes is amended to read:
AB971,60,19
12198.04 (title)
Second Procedure for organizing district; 2nd step. (1) 13Notice to commission. Upon receipt of the certified copies of
the resolutions
adopted
14under s. 198.03 (1) or the petition
mentioned
in presented under s. 198.03
,such (2),
15the county clerk shall
forthwith immediately notify the
public service commission in
16writing that the municipalities filing
said the resolutions or those named in
said the 17petition as constituting the proposed power district had petitioned the county clerk
18to call an election without delay for determining whether
such the district should be
19created.
AB971,61,3
20(2) Report of commission. Within
ninety 90 days after receipt of
said the notice
21of the county clerk
under sub. (1), the
public service commission shall file
in writing 22with
said the county clerk its
written recommendations as to the feasibility or
23nonfeasibility of the proposed district with reasons
therefor for the commission's
1recommendations. Certified copies of
such
the commission's recommendations shall
2at the same time be filed by the commission with the clerk of each municipality
3included within
said the proposed district.
AB971,61,7
4(3) Election called. Upon receipt of
such the commission's recommendations
5of the commission, or upon expiration of the
ninety day 90-day period referred to in
6sub. (2),
said the county clerk shall call without delay an election within the proposed
7district for the purpose of determining whether the proposed district shall be created.
Note: Section 198.01 (3) defines "commission" to mean the public service
commission. Clarifies title, replaces word form of number with digits, inserts specific
references and cross-references and replaces other language.
AB971, s. 110
8Section
110. 198.05 of the statutes is amended to read:
AB971,61,15
9198.05 Subdistricts, boundaries. Every petition or resolution provided for
10in s. 198.03 shall divide the proposed district into
five 5 subdistricts, giving each a
11number, except as provided in s. 198.07 (3). In the event that the boundaries of the
12district as originally proposed are changed at the election, provided for by s. 198.06,
13and approved by the commission pursuant to s. 198.06 (5), the commission shall
14make
such adjustments in the boundaries of the subdistricts
as may be that are 15necessary to comply with s. 198.07.
Note: Replaces word form of number with digits.
AB971, s. 111
16Section
111. 198.06 (5) of the statutes is renumbered 198.06 (5) (a) and
17amended to read:
AB971,61,2218
198.06
(5) (a) The board of canvassers shall cause a certified copy of the order
19declaring the result of the election to be filed in the office of the secretary of state.
20A certified copy of the order shall also be filed with the clerk of each municipality
21included in the district, with the county clerk, and with the
public service 22commission.
In case
AB971,62,13
1(b) If the district as finally constituted comprises a smaller area than originally
2proposed
, because of the failure of one or more municipalities to approve the district
3at the election,
then, within 10 days following the filing under par. (a) with the
4commission, the commission shall
, within 10 days following the filing of the order
5under par. (a) with the commission, file its approval or disapproval of the district as
6created by the election with the secretary of state, the clerk of each municipality
7included in the district and the county clerk.
In such case, from and after If the
8commission approves, upon the filing
by the commission of the approval the creation
9and incorporation of the district shall be
deemed
considered complete
, or. If the
10commission disapproves, the district shall be
deemed considered dissolved
, as the.
11Except as provided in par. (c), the approval or disapproval of the commission shall
12determine, and in the case of municipal water districts created under s. 198.22, be
13final.
AB971,62,18
14(c) In the case of municipal water districts created under s. 198.22, the approval
15or disapproval of the commission shall be final unless objection
thereto to the
16commission's decision is made to the
public service commission by one or more of the
17governing bodies of the municipalities which would otherwise be included in the
18district.
AB971,62,22
19(d) If a district has been approved by all
of the municipalities within the district
20as proposed, the creation and incorporation of the district shall be
deemed considered 21complete
from and after upon the filing of the result of the election with the secretary
22of state by the board of canvassers.
Note: Subdivides provision, breaks up long sentences, inserts specific references,
and replaces, reorders and simplifies language for greater readability and conformity
with current style.
AB971, s. 112
23Section
112. 198.06 (6) of the statutes is amended to read:
AB971,63,10
1198.06
(6) Expenses of election, payment. All amounts properly incurred and
2actually expended by any municipality
or the clerk thereof in publishing notices of
3any
primary or election, in employing persons to conduct the election or in
4performing other duties imposed upon the municipality or upon the clerk
thereof of
5the municipality by any provision of this chapter shall be paid as other similar
6expenses of the municipality are paid and shall be a charge in favor of the
7municipality against the district to be repaid, together with interest thereon at the
8rate of 6% per year, upon the presentation of proper vouchers
therefor for the charges 9by the clerk of the municipality to the district, when and as the district has funds
10available for that purpose.
Note: Inserts specific references and deletes unnecessary phrase. Deletes
"primary" as that term is not used elsewhere in ch. 198.
AB971, s. 113
11Section
113. 198.07 (1) of the statutes is amended to read:
AB971,63,1312
198.07
(1) The government of each district shall be vested in a board of
five 5 13directors.
Note: Replaces word form of number with digits.
AB971, s. 114
14Section
114. 198.07 (2) of the statutes is amended to read:
AB971,63,1815
198.07
(2) The boundaries of the subdistricts shall be drawn
in such a manner 16so that each shall contain approximately an equal number of voters, except that no
17municipality shall contain more than
two 2 subdistricts, nor shall any municipality
18be divided unless it shall comprise more than one subdistrict.
Note: Replaces word form of number with digits and replaces other language.
AB971, s. 115
19Section
115. 198.07 (3) of the statutes is renumbered 198.07 (3) (intro.) and
20amended to read:
AB971,64,3
1198.07
(3) (intro.) Where a district includes a municipality
containing voters
2in excess of fifty per cent that contains more than 50% of the voters in the entire
3district
there shall be appointed a, all of the following apply:
AB971,64,4
4(a) A director at large
shall be appointed.
AB971,64,6
5(b) The territory in
said the district
, other than that contained in
said the 6municipality
described in sub. (3) (intro.), shall be divided into
only 2 subdistricts.
Note: Subdivides provision, inserts specific references and cross-references,
replaces word form of number with digits and replaces, reorders and simplifies language
for greater readability and conformity with current style.
AB971, s. 116
7Section
116. 198.08 (2) of the statutes is amended to read:
AB971,64,138
198.08
(2) (title)
Appointment; meeting of municipal executive officers.
9Within
ten 10 days after the creation and incorporation of
such a municipal power 10district
shall have been is completed the chief executives in each subdistrict
11containing more than one municipality shall meet for the selection of a director for
12said the subdistrict. The time and place of
such the meeting shall be designated by
13said the county clerk.
Note: Clarifies title, replaces word form of number with digits and replaces other
language.
AB971, s. 117
14Section
117. 198.08 (3) of the statutes is amended to read:
AB971,64,2215
198.08
(3) (title)
Appointment, continued vote by municipal executive
16officers. In the selection of a director
for a subdistrict each chief executive shall have
17one vote for each
one thousand 1,000 voters within that chief executive's
18municipality, or
such the part
thereof as of the municipality that is located in
said 19the subdistrict. A three-fourths vote shall be necessary for the selection of a director.
20The result of
said the selection
of the director shall be certified to by the chairperson
21and clerk of
said the meeting and
forthwith immediately filed with the secretary of
22state and the clerk of each municipality in
said
the district.
Note: Clarifies title, replaces word form of number with digits and replaces other
language.
AB971, s. 118
1Section
118. 198.08 (5) of the statutes is amended to read:
AB971,65,62
198.08
(5) Appointment by executive. Where a municipality contains
two 2 3subdistricts or where a subdistrict includes only one municipality, the chief executive
4of
such the municipality shall select a director for each such subdistrict, and shall
5immediately file
forthwith a certified copy
thereof of the selection as provided by sub.
6(3).
Note: Replaces word form of number with digits and replaces other language.
AB971, s. 119
7Section
119. 198.08 (7) of the statutes is amended to read:
AB971,65,128
198.08
(7) Term, oath. The regular term of directors of the district after the first
9term shall be
for four 4 years. Each director shall hold office until the director's
10successor is selected and qualifies. Each director shall, before entering upon the
11discharge of the director's duties, take and subscribe to the constitutional oath of
12office.
Such Each director's oath shall be filed in the office of the clerk of the district.
Note: Replaces word form of number with digits and replaces other language.
AB971, s. 120
13Section
120. 198.08 (9) of the statutes is amended to read:
AB971,65,2114
198.08
(9) Classification. Directors selected from
odd numbered 15odd-numbered subdistricts shall for the first term serve for a period
which that shall
16end
two 2 years after the first Monday of May of the next
even numbered 17even-numbered year. Directors selected from
even numbered even-numbered 18subdistricts shall for the first term serve for a period which shall end
four 4 years
19after the first Monday of May of the next
even numbered even-numbered year. For
20the purposes of this section directors at large shall be considered to be from
odd
21numbered odd-numbered subdistricts.
Note: Replaces word form of number with digits and replaces other language.
AB971, s. 121
1Section
121. 198.09 of the statutes is amended to read:
AB971,66,10
2198.09 Vacancies, declared, filled.
The death of a director, the A director's
3death, resignation,
the director's disability inability to continue for any cause to act
4as director or
the director's change of residence from the subdistrict in which the
5director was selected shall vacate that director's office. The board shall by resolution
6declare the office vacant and a certified copy of
such
the resolution shall be filed
7forthwith immediately by the clerk of the district with the clerk of each municipality
8included within the district. A successor for the unexpired term shall
, within
twenty 920 days after
such the filing
of the resolution, be selected by the officer or officers who
10selected the director whose office has been declared vacant.
Note: Replaces word form of number with digits and replaces other language.
AB971, s. 122
11Section
122. 198.10 (1) of the statutes is amended to read: