(2) Sections 66.0803 to 66.0825 do not deprive the office of the commissioner of railroads, department of transportation or public service commission of any power under ss. 195.05 and 197.01 to 197.10 and ch. 196.
Note: Restates a portion of s. 66.06, repealed by this bill, and provides a definition of "municipal public utility" for purposes of the subchapter. The current provision stating that the phrase "resolution or ordinance", when used in specified sections, means ordinances only is deleted as unnecessary.
150,236
Section
236
. 66.0805 (1) of the statutes is created to read:
66.0805 (1) Except as provided in sub. (6), the governing body of a city shall, and the governing body of a village or town may, provide for the nonpartisan management of a municipal public utility by creating a commission under this section. The board of commissioners, under the general control and supervision of the governing body, shall be responsible for the entire management of and shall supervise the operation of the utility. The governing body shall exercise general control and supervision of the commission by enacting ordinances governing the commission's operation. The board shall consist of 3, 5 or 7 commissioners.
Note: 1. Restates s. 66.068 (1), repealed by Section 180.
2. Provides that the "general control and supervision" of the utility commission by the municipal governing body is by means of ordinance governing the commission's operation. Previous law was silent on the issue.
150,237
Section
237
. 66.0807 (1) of the statutes is created to read:
66.0807 (1) In this section, "privately owned public utility" includes a cooperative association organized under ch. 185 for the purpose of producing or furnishing utility service to its members only.
Note: By adding cooperatives to the definition of "privately owned public utility" (cooperatives are otherwise excluded from the definition of "public utility"; see ss. 196.01 (5) and 66.0801 (1) (b), the latter created by this bill), municipalities are authorized to enter into a joint operation agreement with a cooperative. See, also, Section 171.
150,238
Section
238. 66.081 of the statutes is repealed.
Note: Repeals an archaic provision of the statutes relating to the recording of orders and court certificates drawn on a municipal treasurer.
150,239
Section
239. 66.0811 (title) of the statutes is created to read:
66.0811 (title) Municipal public utility revenues.
150,240
Section
240. 66.0813 (title) of the statutes is created to read:
66.0813 (title) Provision of utility service outside of municipality by municipal public utility.
150,241
Section
241. 66.082 of the statutes is renumbered 66.0419, and 66.0419 (2) (e) and (3) (c), as renumbered, are amended to read:
66.0419 (2) (e) "Franchise fee" means any fee, assessment or other compensation which a municipality requires a cable operator to pay, with respect to the operation of cable television systems, solely because of the cable operator's status as such, and includes any compensation required under s. 66.045 66.0425.
(3) (c) Require the payment of franchise fees which, notwithstanding s. 66.70 66.0611, may be based on the income or gross revenues of a cable television system, or measured by such income or gross revenues.
150,242
Section
242. 66.0821 (1) (intro.) of the statutes is created to read:
66.0821 (1) Definitions. (intro.) In this section:
150,243
Section
243. 66.0821 (2) (title) of the statutes is created to read:
66.0821 (2) (title) General authority.
150,244
Section
244. 66.0821 (3) (title) of the statutes is created to read:
66.0821 (3) (title) Funding.
150,245
Section
245
. 66.0821 (3) (a) of the statutes is created to read:
66.0821 (3) (a) Except as provided in s. 66.0721, all or a portion of the cost of exercising the authority under sub. (2) may be funded, to the extent applicable, from the municipality's general fund, by taxation, special assessment or sewerage service charges, by municipal obligations or revenue bonds or from any combination of these sources.
Note: Restates language deleted from current s. 66.076 (1) by Section 216
.
150,246
Section
246. 66.0821 (4) (title) of the statutes is created to read:
66.0821 (4) (title) Service charges.
150,247
Section
247. 66.0821 (5) (title) of the statutes is created to read:
66.0821 (5) (title) Unreasonable or discriminatory rates, rules and practices.
150,248
Section
248. 66.0821 (6) (title) of the statutes is created to read:
66.0821 (6) (title) Foreclosure sale.
150,249
Section
249. 66.0821 (7) (title) of the statutes is created to read:
66.0821 (7) (title) Relation to other authority.
150,250
Section
250. 66.083 (title) of the statutes is renumbered 66.0423 (title).
150,251
Section
251
. 66.083 of the statutes is renumbered 66.0423 (2) and amended to read:
66.0423 (2) Cities and villages, and towns not subject to an ordinance enacted under s. 59.55 (4), may, by ordinance, regulate the retail sales, other than auction sales, made by transient merchants, as defined in s. 130.065 (1m), 1987 stats., and provide penalties for violations of those ordinances.
Note: Authorizes a town that is not subject to a county ordinance regulating retail sales, other than auction sales, made by transient merchants to regulate these sales by its own ordinance. Also see the definitions in s. 66.0423 (1), Section 110.
150,252
Section
252. 66.085 (title) and (1) of the statutes are renumbered 66.0421 (title) and (1), and 66.0421 (1) (a) and (b), as renumbered, are amended to read:
66.0421 (1) (a) "Cable operator" has the meaning given in s. 66.082 66.0419 (2) (b).
(b) "Cable service" has the meaning given in s. 66.082 66.0419 (2) (c).
150,254
Section
254. 66.085 (3) and (4) of the statutes are renumbered 66.0421 (3) and (4), and 66.0421 (4), as renumbered, is amended to read:
66.0421 (4) Repair responsibility. A cable operator shall be is responsible for any repairs to a building required because of the construction, installation, disconnection or servicing of facilities to provide cable service.
150,255
Section
255. 66.09 (title), (1), (2), (3) and (4) of the statutes are renumbered 66.0117 (title) and (2) to (5) and amended to read:
66.0117 (title) Judgment against municipalities, etc. local governmental units.
(2) (a) When If a final judgment for the payment of money shall be is recovered against a town, village, city, county, school district, technical college district, town sanitary district, public inland lake protection and rehabilitation district or community center local governmental unit, or against any an officer
thereof, in any action by or against the officer in the officer's name of office of the local governmental unit, when the judgment should
is to be paid by such municipality the local governmental unit, the judgment creditor, or the judgment creditor's assignee or attorney, may file a statement with the clerk of circuit court a certified transcript of the judgment, together with the judgment creditor's affidavit of payments made, if any, and the amount due and that the judgment has not been appealed from or removed to another court, or if so appealed or removed has been affirmed. The clerk of circuit court shall send a copy of the statement to the appropriate municipal clerk.
(b) The If a statement is filed under par. (a), the amount due, with costs and interest to the time when the money will be available for payment, shall be added to the next tax levy, and shall, when received, be paid to satisfy the judgment. If the judgment is appealed after filing the transcript with the clerk of circuit court, and before the tax is collected, the money shall not be collected on that levy. If the municipal clerk of circuit court fails to include the proper amount in the first tax levy, he or she shall include it or such the portion
as is required to complete it in the next levy.
(3) In the case of school districts, town sanitary districts, or public inland lake protection and rehabilitation districts or community centers, transcript and affidavit a statement shall be filed with the clerk of the town, village or city in which the district or any part of it lies, and levy shall be made against the taxable property of the district or center.
(4) No process for the collection of such a judgment shall issue until after the time when the money, if collected upon the first tax levy as herein provided, would be under sub. (2) (b), is available for payment, and then only by leave of court upon motion.
(5) If by reason of dissolution or other cause, pending action, or after judgment, the transcript a statement cannot be filed with the clerk therein designated described in sub. (2) (a) or (3), it shall be filed with the clerk or clerks whose duty it is to make up the tax roll for the property liable.
150,256
Section
256. Subchapter IX (title) of chapter 66 [precedes 66.0901] of the statutes is created to read:
Chapter 66
Subchapter IX
public works and projects
150,257
Section
257. 66.0901 (1) (intro.) of the statutes is created to read:
66.0901 (1) (intro.) In this section:
150,258
Section
258
. 66.0901 (9) (a) of the statutes is created to read:
66.0901 (9) (a) Notwithstanding sub. (1) (a), in this subsection, "municipality" does not include the department of transportation.
150,259
Section
259. 66.091 of the statutes is renumbered 893.81.
150,260
Section
260
. 66.092 of the statutes is renumbered 66.0409.
150,261
Section
261
. 66.0923 (5) of the statutes is created to read:
66.0923 (5) Auditorium board. (a) The ordinance shall provide for the establishment of a joint county-city auditorium board to be composed of all of the following:
1. The mayor or chief executive of the city, and the chairperson of the county board, who shall serve as members of the board during their respective terms of office.
2. Four members to be appointed by the county board chairperson and confirmed by the county board.
3. Four members to be appointed by the mayor or other chief executive officer of the city and confirmed by the city council.
(b) Under par. (a) 2. and 3., the initial term of one member shall be one year, the initial term of one member shall be 2 years, the initial term of one member shall be 3 years and the initial term of one member shall be 4 years. The respective successors of the members under par. (a) 2. and 3. shall be appointed and confirmed for terms of 4 years. All appointees shall serve until their successors are appointed and qualified. Terms shall begin as specified in the ordinance. Vacancies shall be filled for the unexpired term in the manner in which the original appointment was made.
(c) The mayor or chief executive of the city, and the county board chairperson, each may appoint not more than 2 public officials to the board under par. (a).
150,262
Section
262. 66.0927 (1) (am) of the statutes is created to read:
66.0927 (1) (am) "Hospital" means a general county-city hospital.
150,263
Section
263. 66.10 of the statutes is repealed.
Note: Repealed as unnecessary. This section provides alternative means of publication when ss. 66.01 to 66.08 require publication in the official paper of a municipality other than a city and there is no official newspaper. Chapter 985, relating to publication of legal notices, covers the subject matter of the repealed section.
150,264
Section
264. Subchapter X (title) of chapter 66 [precedes 66.1001] of the statutes is created to read:
chapter 66
subchapter x
planning, housing
and transportation
150,265
Section
265. 66.1003 (1) of the statutes is created to read:
66.1003 (1) In this section, "public way" means all or any part of a road, street, slip, pier, lane or paved alley.
150,266
Section
266. 66.1019 (title) of the statutes is created to read:
66.1019 (title) Housing codes to conform to state law.
150,267
Section
267. 66.11 of the statutes is renumbered 66.0501, and 66.0501 (1), (2) and (3), as renumbered, are amended to read:
66.0501 (1) Deputy sheriffs and municipal police. No person shall may be appointed deputy sheriff of any county or police officer for any city, village or town unless that person is a citizen of the United States. This section shall does not affect apply to common carriers, nor apply or to a deputy sheriff not required to take an oath of office.
(2) Eligibility of other officers. Except as expressly authorized by statute, no member of a town, village or county board, or city council, shall, during the term for which the member is elected, be is eligible for any office or position which during such that term has been created by, or the selection to which is vested in, such the board or council, but such the member shall be is eligible for any elective office. The governing body may be represented on city, village or town boards and commissions where no additional remuneration compensation, except a per diem, is paid such to the representatives of the governing body and may fix the tenure of such these representatives notwithstanding any other statutory provision. A representative of a governing body who is a member of a city, village or town board or commission may receive a per diem only if the remaining members of the board or commission may receive a per diem. This subsection shall does not apply to a member of any such board or council described in this subsection who resigns from said the board or council before being appointed to an office or position which was not created during the member's term in office.
(3) Appointments on consolidation of offices. Whenever offices are consolidated, the occupants of which are members of the same statutory committee or board and which are serving in that office because of holding another office or position, the common council or village board may designate another officer or officers or make such any additional appointments as may be necessary to procure the number of committee or board members provided for by statute.
Note: Amends the prohibition, in sub. (2), of payment of additional remuneration to a representative of a governing body who sits on a city, village or town board or commission. The amendment provides that a representative of a governing body who is a member of a city, village or town board or commission may receive a per diem if the remaining members of the board or commission also may receive a per diem.
150,268
Section
268. Subchapter XI (title) of chapter 66 [precedes 66.1101] of the statutes is created to read:
chapter 66
subchapter xi
development
150,269
Section
269. 66.111 of the statutes is repealed.
Note: Repeals s. 66.111, relating to allowing the same fee to other officers when a fee is allowed to one officer for the performance of the same services. This provision is not necessary because fees generally are no longer part of the salary structure for municipal officers.
