1999 Wisconsin Act 150

(2) So much of such plant Plant or equipment, except water plant or equipment or interconnection property in any municipality so interconnected, as shall be situated in another municipality shall be is taxable in such the other municipality pursuant to under s. 76.28.

(3) (a) Notwithstanding s. 196.58 (5), each a city, village or town may by ordinance fix the limits of such utility service in unincorporated areas. Such The ordinance shall delineate the area within which service will be provided and the municipal utility shall have has no obligation to serve beyond the area so delineated. Such area. The delineated area may be enlarged by a subsequent ordinance. No such ordinance shall be under this paragraph is effective to limit any obligation to serve which may have that existed at the time that the ordinance was adopted.

(5) An agreement under par. (d) sub. (4) under which a city or village agrees to furnish sewerage service to a prison, which is located in an area which that has been incorporated since that agreement was made, may be amended to provide that the city or village will also furnish water service to the prison. An agreement amended under this paragraph subsection fixes the nature and geographical limits of the water and sewer service unless altered by a change in the agreement, notwithstanding s. 196.58 (5). A change in use or ownership of property included under an agreement amended under this paragraph subsection does not alter the terms and limitations of that agreement.

(6) Any A town, village or city owning a public utility, or the board of any municipal public utility appointed under s. 66.068 66.0805, may enter into agreements with any other such towns, villages or cities owning public utilities, or any other such boards of municipal public utilities, for mutual aid in the event of an emergency or disaster in any of their respective service areas. Such The agreements may include, but are not limited to, provisions for the movement of employes and equipment in and between the service areas of the various participating municipalities for the purpose of rendering such aid and, for the reimbursement of a municipality rendering such aid by the municipality receiving the aid.

150,190 Section 190. 66.07 of the statutes is renumbered 66.0817, and 66.0817 (intro.) and (1) to (6), as renumbered, are amended to read:

66.0817 Sale or lease of municipal public utility plant. (intro.) Any A town, village or city may sell or lease any complete public utility plant owned by it, in manner the following manner:

(1) A preliminary agreement with the prospective purchaser or lessee shall be authorized by a resolution or ordinance containing a summary of the terms proposed, of the disposition to be made of the proceeds, and of the provisions to be made for the protection of holders of obligations against such the plant or against the municipality on account thereof. Such of the plant. The resolution or ordinance shall be published at least one week before adoption, as a class 1 notice, under ch. 985. It The resolution or ordinance may be adopted only at a regular meeting and by a majority of all the members of the governing body.

(2) The preliminary agreement shall fix the price of sale or lease, and provide that if the amount fixed by the department of transportation or public service commission shall be larger is greater, the price shall be that fixed by the department or commission.

(3) The municipality shall submit the preliminary agreement when executed to the department of transportation or public service commission, which shall determine whether the interests of the municipality and of the its residents thereof will be best served by the sale or lease, and if it so determines, shall fix the price and other terms.

(4) The After the price and other terms are fixed under sub. (3), the proposal shall then be submitted to the electors of the municipality. The notice of the referendum shall include a description of the plant, and a summary of the preliminary agreement, and of the price and terms as fixed by the department of transportation or public service commission. If a majority voting on the question shall vote votes for the sale or lease, the board or council shall be authorized to may consummate the same sale or lease, upon the terms and at a price not less than fixed by the department of transportation or public service commission, with the proposed purchaser or lessee or any other with whom better terms approved by the department of transportation or public service commission can be made.

(5) Unless the sale or lease is consummated within one year of the referendum, or the time is extended by the department of transportation or public service commission, the proceedings shall be are void.

(6) If the municipality has revenue or mortgage bonds outstanding relating to such the utility plant and which by their terms may not be redeemed concurrently with the sale or lease transaction, an escrow fund with a domestic bank as trustee may be established for the purpose of holding, administering and distributing such that portion of the sales or lease proceeds as may be necessary to cover the payment of the principal, any redemption premium and interest which will accrue on the principal through the earliest retirement date of the bonds. During the period of the escrow arrangement such the funds may be invested in securities or other investments as described in s. 201.25 (1) (a), (b), (dm) and (j), 1969 stats., and in deposits or certificates of deposit with any state or national bank doing business in this state 66.0603 (1).

Note: 1. The references in sub. (1) to "resolution or ordinance" are affected by the treatment of s. 66.06 by Sections 163 and 235, which delete the current provision that the phrase "resolution or ordinance", when used in specified sections, means "ordinance" only. Thus, the references to "resolution or ordinance" in sub. (1) will now include either kind of action, not just "ordinance".

2. Revises, in sub. (6), the cross-reference to permitted investments in sub. (6) by replacing the reference to the 1969 statutes with the current provision setting forth authorized investments by municipalities.

150,191 Section 191. Subchapter VII (title) of chapter 66 [precedes 66.0701] of the statutes is created to read:

Chapter 66

Subchapter VII
SPECIAL ASSESSMENTS

150,192 Section 192 . 66.0707 (2) of the statutes is created to read:

66.0707 (2) A city, village or town may impose a special charge under s. 66.0627 against real property in an adjacent city, village or town that is served by current services rendered by the municipality imposing the special charge if the municipality in which the property is located approves the imposition by resolution. The owner of the property is entitled to the use and enjoyment of the service for which the special charge is imposed on the same conditions as the owner of property within the city, village or town.

Note: Expands the scope of s. 66.65, renumbered s. 66.0707, to include special charges. Currently, the provision is limited to special assessments against property in an adjacent city, village or town that abuts and benefits from a public work or improvement. See Sections 550 and 551 of this bill.

150,193 Section 193 . 66.0709 (title) of the statutes is created to read:

66.0709 (title) Preliminary payment of improvements funded by special assessments.

150,194 Section 194 . 66.0709 (1) of the statutes is created to read:

66.0709 (1) In this section:

(a) "Local governmental unit" has the meaning given in s. 66.0713 (1) (c).

(b) "Public improvement" has the meaning given in s. 66.0713 (1) (d).

150,195 Section 195. 66.071 (title) of the statutes is renumbered 62.69 (title).

150,196 Section 196 . 66.071 (intro.) of the statutes is repealed.

Note: The repealed provision is restated as s. 62.69 (1). See Section 16 of this bill.

150,197 Section 197. 66.071 (1) (title) of the statutes is renumbered 62.69 (2) (title).

150,198 Section 198. 66.071 (1) (a) of the statutes is renumbered 62.69 (2) (c) and amended to read:

62.69 (2) (c) Water rates shall be collected in the manner and by any one whom the common council may from time to time determine determines, and shall be accounted for and paid to such the other officials in such the manner and at such the times as that the council may from time to time prescribe. Such persons prescribes. Persons collecting water rates shall give a bond to cover all the duties in such an amount as may be prescribed by the council. Final accounting shall be made to the comptroller and final disposition of money shall be made to the city treasurer.

150,199 Section 199 . 66.071 (1) (b) of the statutes is renumbered 62.69 (2) (a) and amended to read:

62.69 (2) (a) The words In this subsection, "commissioner of public works" in sub. (1) shall be construed to mean and have reference to includes any board of public works, or commissioner of public works, or other officer of any the city having control of the city's public works therein, and all acts authorized to be done by such commissioner except for the enforcement of regulations approved by the council shall require the approval of the council before they shall have any force or effect.

150,200 Section 200. 66.071 (1) (c) to (j) of the statutes are renumbered 62.69 (2) (d) to (L), and 62.69 (2) (e), (f), (g) 2. (intro.) and a., (h) and (k), as renumbered, are amended to read:

62.69 (2) (e) Water rates shall be are due and payable upon such date or dates as the common council may provide by regulation provides. To all water rates remaining unpaid 20 days thereafter after the due date, there shall be added a penalty of 5 per cent 5% of the amount of such rates due, and if such the rates shall remain unpaid for 10 days thereafter additional days, water may be turned off the premises, subject to the payment of such delinquent rates, and in such cases where. If the supply of water is turned off as above provided, water shall may not be again turned on to said the premises until all delinquent rates and penalties, and a sum not exceeding $2 as provided for by regulation for turning the water off and on, shall have been are paid. The same penalty and charge may be made when payment is made to a collector sent to the premises. On or before each day when such the date on which rates become due and payable as aforesaid, a written or printed notice or bill shall be mailed or personally delivered to the occupant or, upon written request, to the owner wherever the at the location the owner shall state states, of all premises subject to the payment of water rates, stating the amount due, the time when and the place where such the rates can be paid, and the penalty for neglect of payment.

(f) All water rates for water furnished to any building or premises, and the cost of repairing meters, service pipes, stops or stop boxes, shall be are a lien on the lot, part of lot or parcel of land on which such the building or premises shall be situated is located. If any water rates or bills for the repairing of meters, service pipes, stops or stop boxes remain unpaid on the first day of October , in any year 1, the same unpaid rates or bills shall be certified to the city comptroller of such city on or before the first day of November next following 1, and shall be placed by the comptroller upon the tax roll and collected in the same manner as other taxes on real estate are collected in said the city. The charge for water supplied by the city in all premises where meters are attached and connected, shall be at rates fixed by the commissioner of public works and for the quantity indicated by the meter. If in any case, the commissioner of public works shall determine determines that the quantity indicated by the meter is materially incorrect or if a meter has been off temporarily on account of due to repairs, the commissioner of public works shall determine in the best manner in the commissioner's power estimate the quantity used, and such determination shall be the determination is conclusive. No water rate or rates duly assessed against any property shall may be thereafter remitted or changed except by the common council of such city. Under this paragraph, if an unpaid charge or bill is for utility service furnished and metered by the waterworks directly to a mobile home unit in a licensed mobile home park, the delinquent amount shall become is a lien on the mobile home unit rather than a lien on the parcel of real estate on which the mobile home unit is located. A lien on a mobile home unit may be enforced using the procedures under s. 779.48 (2).

(g) 2. (intro.) If this paragraph applies, the commissioner of public works may use par. (e) (f) 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:

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) (f).

(h) The city commissioner of public works of a city may issue a permit to the county in which it the city 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 the sum and with such the surety as that the commissioner shall approve, conditioned approves on the condition: 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 including the proportionate cost of fluoridating the water and, except as to water furnished directly to county or other municipal properties, shall which may 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 from a boundary, 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 for the main or appliances, if the property supplied with water by the extension or any part thereof shall be of the property is annexed to or in any manner become becomes a part of the city; and that the applicant will pay to the city all damages whatever that it may sustain sustains, 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 a county or to any a 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 is not liable for any damage in case of failure to supply water by reason of any condition beyond its control.

(k) 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 common council may provide by ordinance for the enforcement of such the rules and regulations, and may prescribe proper including 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 the 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. The commissioner 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. 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 work and connections 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 may be made.

150,201 Section 201. 66.071 (2) of the statutes is renumbered 62.69 (3) and amended to read:

62.69 (3) Utility directors. (a) The term In this subsection, "electric plant" as used in this section shall mean means a plant for the production, transmission, delivery and furnishing of electric light, heat or power directly to the public.

(b) If the city shall have determined decides 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 the 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 the 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 Successors shall be appointed in like manner for terms of 10 years each. Any such A 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.

(c) The Utility directors so appointed shall have power to may: 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 the 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 may be raised or authorized to be raised by said the board of directors other than from revenues derived from the operation of the utility, except by action of the council.

(d) The manager appointed by the board of directors shall have complete management and control of may manage and control the utility, subject to the powers herein conferred upon the board of directors and the council under this subsection and shall have power to may appoint assistants and all other employes which the manager deems considers 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.

(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 has other powers as it now possesses with reference to electric plants and other public utilities.

150,202 Section 202 . 66.0711 (1) of the statutes is created to read:

66.0711 (1) In this section:

(a) "Local governmental unit" has the meaning given in s. 66.0713 (1) (c).

(b) "Public improvement" has the meaning given in s. 66.0713 (1) (d).

150,203 Section 203. 66.0713 (10) (title) of the statutes is created to read:

66.0713 (10) (title) Legality of proceedings; conclusive evidence.

150,204 Section 204 . 66.0715 (title) of the statutes is created to read:

66.0715 (title) Deferral of special assessments; payment of special assessments in instalments.

150,205 Section 205 . 66.0715 (1) of the statutes is created to read:

66.0715 (1) Definitions. In this section:

(a) "Governing body" has the meaning given in s. 66.0713 (1) (b).

(b) "Local governmental unit" has the meaning given in s. 66.0713 (1) (c).

(c) "Public improvement" has the meaning given in s. 66.0713 (1) (d).

150,206 Section 206 . 66.0719 (1) of the statutes is created to read:

66.0719 (1) In this section:

(a) "Local governmental unit" has the meaning given in s. 66.0713 (1) (c).

(b) "Public improvement" has the meaning given in s. 66.0713 (1) (d).

150,207 Section 207. 66.072 of the statutes is renumbered 66.0827, and 66.0827 (2) to (4), (5) (a) and (b) and (6), as renumbered, are amended to read:

66.0827 (2) The fund of each utility district shall be provided by taxation of the property in such the 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.

(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 is required to thus establish utility districts and by a like vote districts may be vacated, altered, or consolidated, vacate, alter or consolidate a utility district.

(4) Before the vote is effective to establish, vacate, alter or consolidate a utility district, a hearing shall be held as provided in s. 66.60 (7) 66.0703 (7) (a). In towns the notice may be given by posting in 3 public places in said the town, one of which shall be in the proposed district, at least 2 weeks prior to such the hearing.

(5) (a) When any If a 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 the sanitary district in which case. If the sanitary district is dissolved, all assets, liabilities and functions of the sanitary district shall be taken over by the utility district.

(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.

(6) Whenever If 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 becomes part of the general fund of the consolidated municipality; thereupon said and the utility district shall be abolished terminates. This section shall also apply applies to consolidations completed prior to, on and after June 30, 1965.

150,208 Section 208 . 66.0721 (title) of the statutes is created to read:

66.0721 (title) Special assessments on certain farmland for construction of sewerage or water system.

150,209 Section 209 . 66.0727 (4) of the statutes is created to read:

66.0727 (4) This section does not preclude a city, village or town from using any other lawful method to compel a railroad corporation to pay its proportionate share of a street, alley or public highway improvement.

Note: Restates s. 66.699, which is repealed by Section 561.

150,210 Section 210 . 66.0729 (6) of the statutes is created to read:

66.0729 (6) This section does not preclude a city, village or town from using any other lawful method to compel a railroad corporation to pay its proportionate share of a street, alley or public highway improvement.

Note: Restates s. 66.699, which is repealed by Section 561.

150,211 Section 211. 66.073 of the statutes is renumbered 66.0825, and 66.0825 (2), (3) (f), (g) and (h), (4) (a), (5) (b), (c), (e), (f) and (i), (6) (intro.), (a), (f), (g), (h) and (o), (7), (8) (a) 3. and 4., (b) and (c), (9), (10), (11), (12), (13) (intro.), (b), (d), (e), (g), (j), (k), (L), (m), (n) and (o), (14), (15), (16) (b), (17) and (18), as renumbered, are amended to read:

66.0825 (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 are 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.

(3) (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.

(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 these 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.

(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 of the state or the United States.

(4) (a) Any combination of municipalities of the state which operate operates 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 the 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 in the contract.

(5) (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 specifies.

(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 may appoint one member to the board of directors and shall be entitled to may remove that member at will.

(e) The voting requirements for action by the board; but, unless. Unless specifically provided otherwise, a majority of directors shall constitute constitutes a quorum and a majority of the quorum shall be is necessary for any action taken by the board.

(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.