66.071(1)(en)2.
2. If this paragraph applies, the commissioner of public works may use
par. (e) to collect unpaid charges and bills incurred after the owner of a rental dwelling unit has provided the commissioner of public works with written notice under
subd. 1. only if the commissioner of public works complies with at least one of the following:
66.071(1)(en)2.a.
a. In order to comply with this
subd. 2. a., the commissioner of public works shall send bills for water service to a customer who is a tenant in the tenant's own name. Each time that a commissioner of public works notifies a customer who is a tenant that charges for water service provided by the waterworks to the customer are past due for more than one billing cycle, the commissioner of public works shall also serve a copy of the notice on the owner of the rental dwelling unit in the manner provided in
s. 801.14 (2). If a customer who is a tenant vacates his or her rental dwelling unit, and the owner of the rental dwelling unit provides the commissioner of public works, no later than 21 days after the date on which the tenant vacates the rental dwelling unit, with a sworn affidavit that contains a forwarding address for the tenant, the date that the tenant vacated the rental dwelling unit and a meter reading reflecting the service for which the tenant is responsible, the commissioner of public works shall continue to send past-due notices to the customer at his or her forwarding address until the past-due charges are paid or until the past-due charges have been certified to the comptroller under
par. (e).
66.071(1)(en)2.b.
b. In order to comply with this
subd. 2. b., if a customer who is a tenant has charges for water service provided by the waterworks that are past due, the commissioner of public works shall serve notice of the past-due charges on the owner of the rental dwelling unit within 14 days of the date on which the tenant's charges became past due. The commissioner of public works shall serve notice in the manner provided in
s. 801.14 (2).
66.071(1)(en)2m.
2m. The commissioner of public works may demonstrate compliance with the notice requirements of
subd. 2. a. or
b. by providing evidence of having sent the notice by U.S. mail.
66.071(1)(f)
(f) The commissioner of public works of a city may issue a permit to the county in which it is located, to any national home for disabled soldiers, or to any other applicant to obtain water from the city's water system for use outside of the limits of the city; and for that purpose to connect any pipe that is laid outside of the city limits with water pipe in the city. No permit may be issued until the applicant files with the commissioner of public works a bond in such sum and with such surety as the commissioner shall approve, conditioned that the applicant will obey the rules and regulations prescribed by the commissioner of public works for the use of the water; that the applicant will pay all charges fixed by the commissioner for the use of the water as measured by a meter to be approved by the commissioner, which charges shall include the proportionate cost of fluoridating the water and, except as to water furnished directly to county or other municipal properties, shall not be less than one-quarter more than those charged to the inhabitants of the city for like use of water; that the applicant will pay to the city a water pipe assessment if the property to be supplied with water has frontage on any thoroughfare forming the city boundary line in which a water main has been or shall be laid, and at the rate prescribed by the commissioner of public works; if the property to be supplied does not front on a city boundary but is distant therefrom, that a main pipe of the same size, class and standard as terminates at the city boundary shall be extended, and the entire cost shall be paid by the applicant for the extension; that the water main shall be laid according to city specifications and under city inspection; that the water main and appliances shall become the absolute property of the city, without any compensation therefor, whenever the property supplied with water by the extension or any part thereof shall be annexed to or in any manner become a part of the city; and that the applicant will pay to the city all damages whatever that it may sustain, arising in any way out of the manner in which the connection is made or water supply is used. In case of granting a permit to any county or to any national home for disabled soldiers, the commissioner of public works may waive the giving of a bond. Every permit shall be issued upon the understanding that the city shall in no event ever be liable for any damage in case of failure to supply water by reason of any condition beyond its control.
66.071(1)(g)
(g) The commissioner of public works shall prescribe and regulate the kind of water meters to be used in the city and the manner of attaching and connecting the water meters, and may make other rules for the use and control of water meters as are necessary to secure reliable and just measurement of the quantity of water used; and may alter and amend the rules as necessary for the purposes named. If the owner or occupant of any premises, where the attaching and connection of a water meter may lawfully be required, neglects or fails to attach and connect a water meter, as is required according to the rules established by the commissioner of public works, for 30 days after the expiration of the time within which the owner or occupant is notified by the commissioner of public works to attach and connect a meter, the commissioner of public works may cause the water supplied by the city to be cut off from the premises, and it shall not be restored except upon the terms and conditions prescribed by the commissioner of public works.
66.071(1)(h)
(h) The commissioner of public works may prescribe and regulate the size of connections made with the distribution mains for supplying automatic sprinkler systems and fix an annual charge for such service.
66.071(1)(i)
(i) The commissioner of public works may also make rules and regulations for the proper ventilating and trapping of all drains, soil pipes and fixtures hereafter constructed to connect with or be used in connection with the sewerage or water supply of the city. The council may provide by ordinance for the enforcement of such rules and regulations, and may prescribe proper penalties and punishment for disobedience of the same. The commissioner of public works may also make rules to regulate the use of vent, soil, drain, sewer or water pipes in all buildings in said city, which hereafter shall be proposed to be connected with the city water supply or sewerage, specifying the dimensions, strength and material of which the same shall be made, and may prohibit the introduction into any building of any style of water fixture, tap or connection, the use of which shall have been determined to be dangerous to health or for any reason unfit to be used, and the commissioner of public works shall require a rigid inspection by a skilled and competent inspector under the direction of the commissioner of public works of all plumbing and draining work and water and sewer connections, hereafter done or made in any building in the city, and unless the same are done or made according to rules of the commissioner of public works, and approved by the commissioner of public works, no connection of the premises with the city sewerage or water supply shall be allowed.
66.071(1)(j)
(j) The commissioner of public works shall make an annual report to the council of the commissioner's doings under this section, the state of the water fund and the general condition of the water system. The report, after being submitted to the council, shall be filed in the office of the comptroller.
66.071(2)(a)(a) The term "electric plant" as used in this section shall mean a plant for the production, transmission, delivery and furnishing of electric light, heat or power directly to the public.
66.071(2)(b)
(b) If the city shall have determined to acquire an electric plant or any other public utility in accordance with the provisions of this section, the mayor of such city, prior to the city taking possession of such property, shall appoint, subject to the confirmation of the council, 7 persons of recognized business experience and standing to act as the board of directors for such utility. Two of such persons shall be appointed for a term of 2 years, 2 for a term of 4 years, 2 for a term of 6 years, and one for a term of 8 years. Thereafter successors shall be appointed in like manner for terms of 10 years each. Any such director may be removed by the mayor with the approval of the council for misconduct in office or for unreasonable absence from meetings of the directors.
66.071(2)(c)
(c) The directors so appointed shall have power to: employ a manager experienced in the management of electric plants or other like public utilities and fix his or her compensation and the other terms and conditions of employment and to remove him or her at pleasure, subject to the terms and conditions of his or her employment; advise and consult with the manager and other employes as to any matter pertaining to maintenance, operation or extension of such utility; and perform such other duties as ordinarily devolve upon a board of directors of a corporation organized under
ch. 180 not inconsistent with this section and the laws governing 1st class cities. No money shall be raised or authorized to be raised by said board of directors other than from revenues derived from the operation of the utility, except by action of the council.
66.071(2)(d)
(d) The manager appointed by the board of directors shall have complete management and control of the utility, subject to the powers herein conferred upon the board of directors and the council and shall have power to appoint assistants and all other employes which the manager deems necessary and fix their compensation and other terms and conditions of employment, except that the board of directors may prescribe rules for determining the fitness of persons for positions and employment.
66.071(2)(e)
(e) The council shall fix the compensation, if any, of members of the board of directors and shall have the powers herein conferred upon it and such other powers as it now possesses with reference to electric plants and other public utilities.
66.072
66.072
Utility districts. 66.072(1)(1) Towns, villages and 3rd and 4th class cities may establish utility districts.
66.072(1)(a)
(a) In villages and 3rd and 4th class cities, the village board or common council may direct that the cost of utility district highways, sewers, sidewalks, street lighting and water for fire protection not paid for by special assessment be paid out of the district fund under
sub. (2). The cost of bridges in the district may not be paid out of the district fund.
66.072(1)(b)
(b) In towns, the town board may direct that the cost of any convenience or public improvement provided in the district and not paid for by special assessment be paid from the district fund under
sub. (2).
66.072(2)
(2) The fund of each district shall be provided by taxation of the property in such district, upon an annual estimate by the department in charge of public works in cities and villages, and by the town chairperson in towns, filed by October 1. Separate account shall be kept of each district fund.
66.072(3)
(3) In towns a majority vote and in villages and cities a three-fourths vote of all the members of the governing body shall be required to thus establish utility districts and by a like vote districts may be vacated, altered, or consolidated.
66.072(4)
(4) Before the vote is effective to establish, vacate, alter or consolidate, a hearing shall be held as provided in
s. 66.60 (7). In towns the notice may be given by posting in 3 public places in said town, one of which shall be in the proposed district, at least 2 weeks prior to such hearing.
66.072(5)(a)(a) When any town board establishes a utility district under this section the board may also, if a town sanitary district is in existence for the town, dissolve said sanitary district in which case all assets, liabilities and functions of the sanitary district shall be taken over by the utility district.
66.072(5)(b)
(b) All functions performed by a sanitary district and assumed by a utility district under this subsection shall remain subject to regulation by the public service commission as if no transfer had occurred.
66.072(5)(c)
(c) If a sanitary district is located in more than one municipality, action under this section may be taken only upon approval of a majority of the members of the governing body of each municipality in which the sanitary district is located.
66.072(6)
(6) Whenever a municipality, within which a utility district is located, is consolidated with another municipality which provides the same or similar services for which the district was established, but on a municipality-wide basis rather than on a utility district basis as provided in this section, the fund of the utility district shall become part of the general fund of the consolidated municipality; thereupon said utility district shall be abolished. This section shall also apply to consolidations completed prior to June 30, 1965.
66.073
66.073
Municipal electric companies. 66.073(1)
(1)
Short title. This section shall be known as the "Municipal Electric Company Act".
66.073(2)
(2) Finding and declaration of necessity. It is declared that the operation of electric utility systems by municipalities of this state and the improvement of the systems through joint action in the fields of the generation, transmission and distribution of electric power and energy is in the public interest; that there is a need in order to ensure the stability and continued viability of the municipal systems to provide for a means by which municipalities which operate the systems may act jointly in all ways possible, including development of coordinated bulk power and fuel supply programs and efficient, community-based energy systems; and that, the necessity in the public interest for the provisions hereinafter enacted in this section is declared as a matter of legislative determination.
66.073(3)
(3) Definitions. As used in this section, unless the context clearly indicates otherwise:
66.073(3)(a)
(a) "Bonds" means any bonds, interim certificates, notes, debentures or other obligations of a company issued under this section.
66.073(3)(am)
(am) "Community-based energy system" means a small-scale energy production system or device which serves a local area or portion thereof, including, but not limited to, a small scale power plant, using coal, sun, wind, organic waste or other form of energy, if the system is located sufficiently close to the community to make the dual production of heat and electricity possible. "Community-based energy system" also means a methane producing system or solar, wind or other energy source system for individual buildings or facilities.
66.073(3)(b)
(b) "Company" and "electric company" mean a municipal electric company.
66.073(3)(c)
(c) "Contracting municipality" means a municipality which contracts to establish an electric company under this section.
66.073(3)(d)
(d) "Municipal electric company" means a public corporation created by contract between 2 or more municipalities under this section.
66.073(3)(e)
(e) "Municipality" means a city, village or town.
66.073(3)(f)
(f) "Person" means a natural person, a public agency, cooperative or private corporation, limited liability company, association, firm, partnership, or business trust of any nature whatsoever, organized and existing under the laws of any state or of the United States.
66.073(3)(g)
(g) "Project" means any plant, works, system, facilities, and real and personal property of any nature whatsoever, together with all parts thereof and appurtenances thereto, used or useful in the generation, production, transmission, distribution, purchase, sale, exchange, or interchange of electric power and energy, or any interest therein or right to capacity thereof and the acquisition of fuel of any kind for any such purposes, including, but not limited to, the acquisition of fuel deposits and the acquisition or construction and operation of facilities for extracting fuel from natural deposits, for converting it for use in another form, for burning it in place, for transportation, storage and reprocessing or for any energy conservation measure which involves public education or the actual fitting and application of a device.
66.073(3)(h)
(h) "Public agency" means any municipality or other municipal corporation, political subdivision, governmental unit, or public corporation created under the laws of this state or of another state or of the United States, and any state or the United States, and any person, board, or other body declared by the laws of any state or the United States to be a department, agency or instrumentality thereof.
66.073(4)
(4) Creation of municipal electric companies. 66.073(4)(a)(a) Any combination of municipalities of the state which operate facilities for the generation or transmission or distribution of electric power and energy may, by contract with each other, establish a separate governmental entity to be known as a municipal electric company to be used by such contracting municipalities to effect joint development of electric energy resources or production, distribution and transmission of electric power and energy in whole or in part for the benefit of the contracting municipalities. The municipalities party to the contract may amend the contract as provided therein.
66.073(4)(b)
(b) Any contract entered into under this section shall be filed with the secretary of state. Upon receipt, the secretary shall record the contract and issue a certificate of incorporation stating the name of the company and the date and fact of incorporation. Upon issuance of the certificate, the existence of the company shall begin.
66.073(5)
(5) Contract. Any contract establishing an electric company under this section shall specify:
66.073(5)(a)
(a) The name and purpose of the company and the functions or services to be provided by the company. The name may refer to the company as an agency, authority, company, corporation, group, system or other descriptive title.
66.073(5)(b)
(b) The establishment and organization of a governing body of the company which shall be a board of directors in which all powers of the company are vested. The contract may provide for the creation by the board of an executive committee of the board to which the powers and duties may be delegated as the board shall specify.
66.073(5)(c)
(c) The number of directors, the manner of their appointment, terms of office and compensation, if any, and the procedure for filling vacancies on the board. Each contracting municipality shall have the power to appoint one member to the board of directors and shall be entitled to remove that member at will.
66.073(5)(d)
(d) The manner of selection of the officers of the company and their duties.
66.073(5)(e)
(e) The voting requirements for action by the board; but, unless specifically provided otherwise, a majority of directors shall constitute a quorum and a majority of the quorum shall be necessary for any action taken by the board.
66.073(5)(f)
(f) The duties of the board which shall include the obligation to comply or to cause compliance with this section and the laws of the state and in addition, with each and every term, provision and covenant in the contract creating the company on its part to be kept or performed.
66.073(5)(g)
(g) The manner in which additional municipalities may become parties to the contract by amendment.
66.073(5)(h)
(h) Provisions for the disposition, division or distribution of any property or assets of the company on dissolution.
66.073(5)(i)
(i) The term of the contract, which may be a definite period or until rescinded or terminated, and the method, if any, by which the contract may be rescinded or terminated, but that the contract may not be rescinded or terminated so long as the company has bonds outstanding, unless provision for full payment of such bonds, by escrow or otherwise, has been made pursuant to the terms of the bonds or the resolution, trust indenture or security instrument securing the bonds.
66.073(6)
(6) Powers. The general powers of an electric company shall include the power to:
66.073(6)(a)
(a) Plan, develop, acquire, construct, reconstruct, operate, manage, dispose of, participate in, maintain, repair, extend or improve one or more projects within or outside the state and act as agent, or designate one or more other persons participating in a project to act as its agent, in connection with the planning, acquisition, construction, operation, maintenance, repair, extension or improvement of such project.
66.073(6)(b)
(b) Produce, acquire, sell, distribute and process fuels necessary to the production of electric power and energy and implement energy conservation measures necessary to meet energy needs.
66.073(6)(c)
(c) Enter into franchises, exchange, interchange, pooling, wheeling, transmission and other similar agreements with any person or public agency.
66.073(6)(d)
(d) Make and execute contracts and other instruments necessary or convenient to the exercise of the powers of the company.
66.073(6)(f)
(f) Contract with any person or public agency within or outside the state, for the construction of any project or for the sale or transmission of electric power and energy generated by any project, or for any interest therein or any right to capacity thereof, on such terms and for such period of time as its board of directors shall determine.
66.073(6)(g)
(g) Purchase, sell, exchange, transmit or distribute electric power and energy within and outside the state in such amounts as it shall determine to be necessary and appropriate to make the most effective use of its powers and to meet its responsibilities, and to enter into agreements with any person or public agency with respect to such purchase, sale, exchange, or transmission, on such terms and for such period of time as its board of directors shall determine. A company may not sell power and energy at retail unless requested to do so by a municipal member within the service area of that municipal member.
66.073(6)(h)
(h) Acquire, own, hold, use, lease as lessor or lessee, sell or otherwise dispose of, mortgage, pledge, or grant a security interest in any real or personal property, commodity or service or interest therein subject to
s. 182.017 (7).
66.073(6)(i)
(i) Exercise the powers of eminent domain granted to public utility corporations under
ch. 32.
66.073(6)(j)
(j) Incur debts, liabilities or obligations including the borrowing of money and the issuance of bonds, secured or unsecured, under
sub. (11) (b).
66.073(6)(m)
(m) Fix, maintain and revise fees, rates, rents and charges for functions, services, facilities or commodities provided by the company.
66.073(6)(n)
(n) Make, and from time to time amend and repeal, bylaws, rules and regulations not inconsistent with this section to carry into effect the powers and purposes of the company.
66.073(6)(o)
(o) Notwithstanding the provisions of any other law, invest any funds held in reserve or sinking funds, or any funds not required for immediate disbursement, including the proceeds from the sale of any bonds, in such obligations, securities and other investments as the company deems proper.
66.073(6)(p)
(p) Join organizations, membership in which is deemed by the board of directors to be beneficial to accomplishment of the company's purposes.
66.073(6)(q)
(q) Exercise any other powers which are deemed necessary and convenient by the company to effectuate the purposes of the company.
66.073(6)(r)
(r) Do and perform any acts and things authorized by this section under, through or by means of an agent or by contracts with any person.
66.073(6m)
(6m) Energy conservation duties. A municipal electric company established by contract under this section shall consider energy conservation measures and the development of efficient, community-based energy systems.
66.073(7)
(7) Public character. An electric company established by contract under this section shall constitute a political subdivision and body public and corporate of the state, exercising public powers, separate from the contracting municipalities. It shall have the duties, privileges, immunities, rights, liabilities and disabilities of a public body politic and corporate but shall not have taxing power.
66.073(8)(a)1.1. In this paragraph, "purchase of electric power and energy" includes any right to capacity or interest in any project.
66.073(8)(a)2.
2. The contracting municipalities may provide in the contract created under
sub. (5) for payment to the company of funds for commodities to be procured and services to be rendered by the company. These municipalities and other persons and public agencies may enter into purchase agreements with the company for the purchase of electric power and energy whereby the purchaser is obligated to make payments in amounts which shall be sufficient to enable the company to meet its expenses, interest and principal payments, whether at maturity or upon debt service fund redemption, for its bonds, reasonable reserves for debt service, operation and maintenance and renewals and replacements and the requirements of any rate covenant with respect to debt service coverage contained in any resolution, trust indenture or other security instrument.
66.073(8)(a)3.
3. Purchase agreements entered into under
subd. 2. may, in addition to the provisions authorized under
subd. 2., contain other terms and conditions that the company and the purchasers determine, including provisions whereby the purchaser is obligated to pay for power irrespective of whether energy is produced or delivered to the purchaser or whether any project contemplated by any such agreement is completed, operable or operating, and notwithstanding suspension, interruption, interference, reduction or curtailment of the output of such project.
66.073(8)(a)4.
4. Purchase agreements entered into under
subd. 2. may be for a term covering the life of a project or for any other term, or for an indefinite period. The contract created under
sub. (5) or a purchase agreement may provide that if one or more of the purchasers defaults in the payment of its obligations under a purchase agreement, the remaining purchasers which also have purchase agreements shall be required to accept and pay for and shall be entitled proportionately to use or otherwise dispose of the power and energy to be purchased by the defaulting purchaser.
66.073(8)(b)
(b) The obligations of a municipality under a purchase agreement with a company or arising out of the default by any other purchaser with respect to such an agreement shall not be construed to constitute debt of the municipality. To the extent provided in the purchase agreement, such obligations shall constitute special obligations of the municipality, payable solely from the revenues and other moneys derived by the municipality from its municipal electric utility and shall be treated as expenses of operating a municipal electric utility.
66.073(8)(c)
(c) The contract also may provide for payments in the form of contributions to defray the cost of any purpose set forth in the contract and as advances for any such purpose subject to repayment by the company.
66.073(9)(a)(a) An electric company may sell or exchange excess power and energy produced or owned by it not required by any of the contracting municipalities for such consideration and for such period and upon such terms and conditions as it may determine to any other person or public agency.
66.073(9)(b)
(b) Notwithstanding any other provision of this section or any other statute, nothing shall prohibit a company from undertaking any project in conjunction with or owning any project jointly with any person or public agency.
66.073(10)
(10) Regulation. An electric company created under this section shall be deemed to be a "public utility" for purposes of
ch. 196, except that the terms and conditions and the rates at which a company sells power and energy for resale shall not be subject to regulation or alteration by the public service commission.
