(3) Service charges for operation and maintenance. As part of any contract executed under this section, the commission may assess reasonable and just sewerage service charges against the contracting party with respect to operating and maintenance costs. These charges shall be established in accordance with s. 66.912 200.59 and are subject to review under s. 66.912 200.59. The schedule of service charges may, but need not, be uniform with any other schedule of charges established by the commission.
(4) (a) As part of any contract executed under this section, the commission may assess reasonable and just sewerage service charges against the contracting party with respect to capital costs. These sewerage service charges are subject to review under s. 66.912 200.59. The schedule of sewerage service charges with respect to capital costs used in contracts executed under this section shall be uniform with the system used to recover capital costs within the district.
(b) Except as provided in par. (c), the charges assessed under this subsection shall be established in accordance with s. 66.076 66.0821 or 66.91 200.55 (5). In computing the schedule of charges under this subsection, the commission may consider the factors specified in s. 66.076 66.0821 (5) or 66.91 200.55 (5). In computing the schedule of charges under this subsection, the commission may also consider the fact that sewerage service may not be available to or may be available to but not utilized by a part of the property located within the territorial limits of a contracting party at the time of computing the schedule.
(5) (a) (intro.) Any city, town, village, sanitary district organized under subch. IX of ch. 60 or metropolitan sewerage district organized under ss. 66.20 to 66.26 subch. I that contracts under this subsection may provide for the payment of charges from any available source, including:
2. Assessments upon and assessments of charges against the whole city, town, village, sanitary district organized under subch. IX of ch. 60 or metropolitan sewerage district organized under ss. 66.20 to 66.26
subch. I or upon or against any part thereof that the governing body determines to be benefited by the service.
150,586
Section
586. 66.899 of the statutes is renumbered 200.41, and 200.41 (1) to (3), as renumbered, are amended to read:
200.41 (1) Notwithstanding ss. 66.076
66.0821 and 66.91 200.55 (5), if the commission establishes a system to recover capital costs within the district on the basis of the value of property in the area to be served, as equalized under s. 70.57, the commission shall establish a system of sewerage service charges to recover capital costs which shall be used with respect to any area which is served by the district and which is outside the boundaries of the district and outside of any municipality which has contracted with the district under s. 66.898 200.39. The charges shall be equal to the amount the commission would be authorized to levy as taxes upon the area served if the area were within the district's boundaries.
(2) Any charge made by the district under this section is reviewable under s. 66.912 200.59 (5) if the charge has been paid.
(3) Section 66.91 200.55 (5) (b) and (d) apply to charges assessed under this section.
150,587
Section
587. 66.90 of the statutes is renumbered 200.43, and 200.43 (1), as renumbered, is amended to read:
200.43 (1) General power of the commission. The commission may acquire by gift, purchase, lease or other methods of acquisition or by condemnation, any real property situated in the state and all tenements, hereditaments and appurtenances belonging or in any way appertaining to, or in any interest, franchise, easement, right or privilege therein, that may be needed for the purpose of projecting, planning, constructing and maintaining the sewerage system, that may be needed for the collection, transmission or disposal of all sewage or drainage of the district or that may be needed for improving any river or stream within the district under s. 66.894 200.35 (8) (a) or (b).
150,588
Section
588. 66.902 of the statutes is renumbered 200.45, and 200.45 (1) (b), as renumbered, is amended to read:
200.45 (1) (b) The rules shall apply throughout the territory served by the sewerage system and, except as provided in s. 66.894 200.35 (5), shall have precedence over any conflicting ordinance, code or regulation of or permit issued by any municipality within the territory.
150,589
Section
589. 66.904 (title), (1) and (2) (title) of the statutes are renumbered 200.47 (title), (1) and (2) (title), and 200.47 (1), as renumbered, is amended to read:
200.47 (1) General powers of the commission. The commission may enter into contracts, agreements or stipulations necessary to perform its duties and exercise its powers under ss. 66.88 to 66.918 this subchapter, including contracts to purchase, lease or otherwise obtain the use of all necessary equipment, supplies and labor.
150,590
Section
590. 66.904 (2) (a) of the statutes, as affected by
1999 Wisconsin Act 9, is renumbered 200.47 (2) (a) and amended to read:
200.47 (2) (a) Except as provided in par. (b), all work done and all purchases of supplies and materials by the commission shall be by contract awarded to the lowest responsible bidder complying with the invitation to bid, if the work or purchase involves an expenditure of $20,000 or more. If the commission decides to proceed with construction of any sewer after plans and specifications for the sewer are completed and approved by the commission and by the department of natural resources under ch. 281, the commission shall advertise by a class 2 notice under ch. 985 for construction bids. All contracts and the awarding of contracts are subject to s. 66.29 66.0901.
150,591
Section
591. 66.904 (2) (b) to (e) and (3) to (5) of the statutes are renumbered 200.47 (2) (b) to (e) and (3) to (5), and 200.47 (2) (cm) 1. and (e), as renumbered, are amended to read:
200.47 (2) (cm) 1. Except as provided under subd. 4., in determining the lowest responsible bid for any contract awarded prior to December 31, 1993, the commission may evaluate the multiplier effect on state revenues and tax receipts of contract moneys which will be spent in this state under the contract. The commission shall promulgate by rule any condition and evaluation criterion which it applies to a bid evaluated under this subdivision. If the commission accepts a bid evaluated under this subdivision, it shall file with the secretary of the commission a written report detailing the reasons for its acceptance. The secretary shall make the report available for public inspection. The commission shall include in the annual report prepared under s. 66.886 200.27 (9) a summary of all bids accepted after an evaluation under this subdivision.
(e) Paragraphs (a) to (d) do not apply to contracts awarded under s. 66.905 200.49.
150,592
Section
592. 66.905 of the statutes is renumbered 200.49.
150,593
Section
593. 66.906 of the statutes is renumbered 200.51, and 200.51 (1), as renumbered, is amended to read:
200.51 (1) General powers of the commission. The commission may appoint or employ professional or technical advisers and experts and other personnel the commission requires for the proper execution of its duties under ss. 66.88 to 66.918 this subchapter, fix their compensations and remove or discharge the employes at pleasure.
150,594
Section
594. 66.908 of the statutes is renumbered 200.53.
150,595
Section
595. 66.91 of the statutes is renumbered 200.55, and 200.55 (1) (a) to (c), (d) 1. (intro.) and 3., (e) (intro.) and (f) to (g), (1m), (3) (intro.) and (c), (5) (a), (c) 2. and (d), (6) (a) 1. and (6m), as renumbered, are amended to read:
200.55 (1) (a) The district may issue bonds, notes or certificates for the purposes provided in s. 66.066 66.0621. Except as provided in pars. (b) to (fa), the procedure for issuance of these bonds, notes or certificates is as specified in s. 66.066 66.0621.
(b) The commission has the powers and duties specified for a board or council in s. 66.066 66.0621. The district has the powers and duties specified for a municipality in s. 66.066 66.0621. If s.
66.066 66.0621 specifies that a board, council or municipality shall act by ordinance, the commission shall act by resolution.
(c) District bonds issued under s. 66.066 66.0621 (2) (a) shall be executed by the chairperson and secretary of the commission rather than by a chief executive and clerk.
(d) 1. (intro.) Section 66.066 66.0621 (2) (a) 2. does not apply to district bonds. District bonds shall either mature:
3. Notwithstanding s. 66.066 66.0621 (2) (a) 1., district bonds shall be made payable within 50 years from the date of the bonds, whether the bonds mature serially or within a specified term of years.
(e) (intro.) Notwithstanding s. 66.066 66.0621 (2) (c):
(f) Deeds or mortgages that secure principal and interest of bonds under s. 66.066 66.0621 shall be executed by the commission chairperson and secretary rather than by a chief executive and clerk.
(fa) Notwithstanding any contrary provision of s. 66.066 66.0621, the district may issue bond anticipation notes under s. 66.066 66.0621 (2) (m) in the form of commercial paper. If the district issues such commercial paper, the district may borrow to pay the interest on such paper, may obtain credit and liquidity facilities and may delegate authority to any person to sell, execute, determine the interest rates, maturities and amounts of such paper and to conduct the issuance of such paper as provided by the commission in the resolution under s. 66.066 66.0621 (2) (m) authorizing the issuance. Such issuance under a single resolution shall be deemed a single issue of securities issued as of the date of the sale of the first such paper and not as a series of refundings. A resolution authorizing the issuance of commercial paper under this paragraph and any taxes levied or any pledge made on such issuance is irrevocable as specified in the authorizing resolution.
(g) User charges and service charges established by the commission under sub. (5) or s. 66.076 66.0821 to comply with any covenant concerning the sufficiency of the charges contained in a resolution or ordinance providing for the issuance of revenue bonds or notes under s. 66.066 66.0621 shall be presumed reasonable in any review of the charges by the public service commission under s. 66.912 200.59 (5).
(1m) Investment of funds. Notwithstanding any of the limits or restrictions in ss. 66.066 66.0621 (2) (d) and (f), 66.069 (1) (c) 66.0811 (2) and 67.11 (2) on the debt instruments in which the district or commission may invest any of its funds that are not immediately needed, the district may invest any such funds in a debt instrument listed under s. 66.04 (2) 66.0605 (1).
(3) Marketing revenue bonds. (intro.) To enhance the marketability of district bonds or notes issued under s. 66.066 66.0621, the commission may:
(c) Levy a direct, irrepealable, annual, general tax in an amount sufficient to provide for the payment of all the principal and interest on the issue as it matures. The amount of the levy entered on the tax roll and collected each year shall be reduced by the amount in the special redemption fund provided under s. 66.066 66.0621 or in any similar fund that is available for payment of principal and interest on the issue during the ensuing year. The portion of the principal of the issue not paid or provided for is a debt of the district and shall be included in determining its debt limit under article XI, section 3, of the constitution.
(5) (a) For service provided to any user, the commission may establish, assess and collect service charges under s. 66.076 66.0821 or under this subsection. For service to any user outside the district and not located in a municipality which has contracted with the district under s. 66.898 200.39, the commission may establish, assess and collect service charges under s. 66.899 200.41. Except as provided under s. 66.899 200.41 (2), any charge made by the district under this subsection is reviewable under s. 66.912 200.59 (5). The sewerage service charges established under s. 66.076 66.0821 or under this subsection with respect to capital costs for service to any user shall be uniform.
(c) 2. The commission may classify users on the basis of uses and may establish separate charges for separate classes. In computing charges, the commission may consider any reasonable factor, including wastewater flow or drainage, delivery flow characteristics, water consumption, type and number of sewerage connections or plumbing fixtures, population served, lot size, portion of lot improved and assessed value of property served. The commission may also compute its fee schedules as needed to meet the requirements of s.
66.076 66.0821 or of title II of the water pollution control act,
33 USC 1251 et seq.
(d) 1. Each sanitary district organized under subch. IX of ch. 60 and each metropolitan sewerage district organized under ss. 66.20 to 66.26 subch. I that is billed by the commission under par. (b) shall, within 5 days of receipt of a bill from the commission, in turn bill each city, town or village served by the sanitary district or metropolitan sewerage district organized under ss. 66.20 to 66.26 subch. I. Each city, town or village located within the district and billed under this paragraph or billed by the commission under par. (b) or under s. 66.076 66.0821 shall, within 45 days of receiving the bill, pay the full amount billed to the district. Each municipality may levy a reasonable penalty for late payment by the user to the municipality. Each municipality may provide for the payment of charges to it by any means specified in s. 66.898 200.39 (5).
2. Any city, town or village may collect and tax charges made by it to users in the same manner as water rates are taxed and collected under s. 66.069 (1) or 66.071 (1) (e) 62.69 (2) (f) or 66.0809. Charges taxed under this subdivision are a lien upon the property served, as provided in s. 66.091 (1) or 66.071 (1) (e) 62.69 (2) (f) or 66.0809.
Note: Corrects an apparent incorrect cross-reference in the last sentence. The cross-reference to s. 66.091 (1) [renumbered s. 893.81] is to a provision dealing with local liability for mob damage, not with liens on property. It appears the correct cross-reference is to s. 66.0809 [former s. 66.069 (1)], which is also cross-referenced earlier in the sentence.
(6) (a) 1. To make payments to a county as provided in s. 66.882 200.23 (1) (b) 2.;
(6m) Tax stabilization fund. The commission may establish a tax stabilization fund for any purpose authorized by ss. 66.88 to 66.918 this subchapter.
150,596
Section
596. 66.911 of the statutes is renumbered 200.57.
150,597
Section
597. 66.912 of the statutes is renumbered 200.59, and 200.59 (4) and (5), as renumbered, are amended to read:
200.59 (4) Collection of fees by municipalities. Every sanitary district organized under subch. IX of ch. 60 or metropolitan sewerage district organized under ss. 66.20 to 66.26 subch. I billed by a district under sub. (2) shall in turn bill every city, town or village served by the sanitary district or metropolitan sewerage district organized under s. 66.20 to 66.26 subch. I. Every city, town and village billed by a district under sub. (2), by a sanitary district or metropolitan sewerage district organized under ss. 66.20 to 66.26 subch. I under this subsection shall collect such charges from the individual sewer system users in the city, town or village and shall promptly remit the same to the district. The district may adopt rules for the establishment and administration of collection procedures and the settlement of such collections with the district as required by this section. Under such rules the district may provide for reimbursement of the municipality for the expense of collecting late payments of charges. Each municipality shall pay the district in full within 45 days after receiving a bill from the district. The district or, if the district does not act, every municipality is empowered to levy a penalty for late payment by the user to the municipality. Any city, town or village may collect under s. 66.076 66.0821 (7) any charge which is due under this section and which is delinquent. In the event that any municipality does not remit such charges to the district within 45 days of the billing date, the district may borrow moneys, repayable in not longer than 18 months, sufficient to offset such uncollected charges.
(5) Review by public service commission. Except as provided under s.
66.899 200.41 (2), upon complaint to the public service commission by any user that charges, rules and practices under this section are unreasonable or unjustly discriminatory, according to the standards and criteria which the commission is required to follow under state or federal law, including, without limitation because of enumeration, this section,
33 USC 1251 et seq. and ch. 283, or upon complaint of a holder of a revenue bond or other evidence of debt, secured by a mortgage on the sewerage system or any part thereof or pledge of the income of sewerage service charges, that charges are inadequate, the public service commission shall investigate the complaint. If sufficient cause therefor appears, the public service commission shall set the matter for a public hearing upon 10 days' notice to the complainant and the commission. After the hearing, if the public service commission determines that the charges, rules or practices complained of are unreasonable or unjustly discriminatory, it shall determine and by order fix reasonable charges, rules and practices and shall make such other order respecting such complaint as may be just and reasonable. The proceedings under this subsection shall be governed, as far as applicable, by ss. 196.26 to 196.40. The commission may submit the factual data, reports and analyses considered by it in establishing the charges, rules or practices subject to a complaint under this subsection. The public service commission shall give due weight to such data, reports and analyses. Judicial review of the determination of the public service commission may be had by any person aggrieved in the manner prescribed under ch. 227. If any user pays a charge and the public service commission or court, on appeal from the public service commission, finds such charge, after reviewing a complaint filed under this subsection, to be excessive, the district shall refund to the user the excess plus the interest thereon computed at the rate then paid by the district for borrowing funds for a term of one year or less.
150,598
Section
598. 66.914 of the statutes is renumbered 200.61.
150,599
Section
599. 66.916 of the statutes is renumbered 200.63 and amended to read:
200.63 Construction. Nothing in ss.
66.88 200.21 to 66.914 200.61 in any way limits or takes away any of the powers of any municipality located in the district, relating to the construction, extension or repair of local or sanitary sewers or drains except that all plans and specifications for the construction of any local or sanitary sewers or extensions thereof shall be submitted to and approved in writing by the district before the sewers are constructed.
150,600
Section
600. 66.918 of the statutes is renumbered 200.65.
150,601
Section
601. 66.92 of the statutes is repealed.
Note: Repealed as no longer necessary. Furthermore, housing authorities may carry out housing projects for veterans. See s. 66.0807 (9) (r), as renumbered. [Current s. 66.04 (9) (s).] Section 66.92 authorizes counties, cities, villages and towns to promote and provide housing for veterans and directs the department of veterans affairs (DVA) and the Wisconsin housing and economic development authority to provide information and assistance for the local efforts.
150,602
Section
602. 66.925 of the statutes is renumbered 66.1013.
150,603
Section
603. 66.93 of the statutes is renumbered 45.051.
150,604
Section
604. 66.935 of the statutes is renumbered 66.0625, and 66.0625 (title) and (2), as renumbered, are amended to read:
66.0625 (title) Mass Joint issuance of mass transit bonding.
(2) In addition to the provisions of any other statutes specifically authorizing cooperation between political subdivisions or public transit bodies, unless such
those statutes specifically exclude action under this section, any political subdivision or public transit body may, for mass transit purposes, issue bonds or, with any other political subdivision or public transit body, jointly issue bonds.
Note: Section 66.94, relating to metropolitan transit authorities, is repealed. The statute, originally intended to apply to Milwaukee County and its municipalities, apparently has never been utilized nor does it appear likely to be utilized in the future.
150,606
Section
606. 66.943 of the statutes is renumbered 66.1021, and 66.1021 (1) (a), (5) (a), (7) (b), (9) and (10) to (12), as renumbered, are amended to read:
66.1021 (1) (a) Any A city, village or town may enact an ordinance for the establishment, maintenance and operation of a comprehensive unified local transportation system, the major portion of which is or is to be located within, or the major portion of the service of which is or is to be supplied to the inhabitants of such, the city, village or town, and which system is used or to be used for the transportation of persons or freight.
(5) (a) The first members of the transit commission shall be appointed for staggered 3-year terms. The term of office of each member thereafter appointed after the first members of the transit commission shall be 3 years.
(7) (b) For the purpose of receiving, considering and acting upon any complaints or applications that may be presented to it or for the purpose of conducting investigations or hearings on its own motion the transit commission shall hold regular meetings at least once a week except in the months of July and August and special meetings on the call of the chairperson or at the request of the city common council or village or town board.
(9) Initial The initial acquisition of the properties for the establishment of, and to comprise, the comprehensive unified local transportation system shall be is subject to s. 66.065 66.0803 or ch. 197.
(10) (a) Any city, village, town or federally recognized Indian tribe or band may by contract under s. 66.30 66.0301 establish a joint municipal transit commission with the powers and duties of city, village or town transit commissions under this section. Membership on such a the joint transit commission shall be as provided in the contract established under s. 66.30 66.0301.
(b) Notwithstanding any other provision of this section, no joint municipal transit commission under par. (a) may provide service outside the corporate limits of the parties to the contract under s. 66.30 66.0301 which establish the joint municipal transit commission unless the joint municipal transit commission receives financial support for the service pursuant to under a contract with a public or private organization for such the service. This paragraph does not apply to service provided by a joint municipal transit commission outside the corporate limits of the parties to the contract under s. 66.30
66.0301 which establish the joint municipal transit commission if the joint municipal transit commission is providing the service on April 28, 1994, without receiving financial support from a public or private organization for the service, and elects to continue such the service.
(11) (a) In lieu of providing transportation services, a city, village or town may contract with a private organization for such the services.
(b) Notwithstanding any other provision of this section, no municipality may contract with a private organization to provide service outside the corporate limits of such the municipality unless the municipality receives financial support for the service pursuant to under a contract with a public or other private organization for such the service. This paragraph does not apply to service provided under par. (a) outside the corporate limits of a municipality if a private organization is providing the service on April 28, 1994, without receiving financial support from a public or private organization for the service, and the municipality elects to continue such
the service.
(12) Notwithstanding any other provision of this section, no transit commission may provide service outside the corporate limits of the city which establishes the transit commission unless the transit commission receives financial support for the service pursuant to under a contract with a public or private organization for such
the service. This subsection does not apply to service provided by a transit commission outside the corporate limits of the city which establishes the transit commission if the transit commission is providing the service on April 28, 1994, without receiving financial support from a public or private organization for the service, and elects to continue such the service.
150,607
Section
607. 66.944 of the statutes is renumbered 66.1023, and 66.1023 (1) (c), as renumbered, is amended to read:
66.1023 (1) (c) Notwithstanding s. 66.94 (29) or any other law, no city, city transit commission or metropolitan transit authority may be required to contribute to more than one retirement fund for an affected employe.
150,608
Section
608. 66.945 (title), (1) to (7) and (8) (title) of the statutes are renumbered 66.0309 (title), (1) to (7) and (8) (title), and 66.0309 (2) (a) and (c), (2m), (3) (a) 2. and (b) (intro.), (5) and (7), as renumbered, are amended to read:
66.0309 (2) (a) A regional planning commission may be created by the governor, or such a state agency or official as the governor designates, upon petition in the form of a resolution by the governing body of a local governmental unit and the holding of a public hearing on such the petition. If the petition is joined in by the governing bodies of all the local units in the proposed region, including the county board of any county, part or all of which is in the proposed region, the governor may dispense with the hearing. Notice of any public hearing shall be given by the governor by mail at least 10 days in advance to the clerk of each local unit in the proposed region.
(c) Territory included within a regional planning commission that consists of one county or less in area also may be included in the creation of a multicounty regional planning commission. Such The creation does not require that the existing regional planning commission consisting of one county or less in area be terminated or altered, but upon creation of the multicounty commission, the existing commission shall cease to have authority to make charges upon participating local governmental units pursuant to under sub. (14) and shall adopt a name other than "regional planning commission".
(2m) Limitation on territory. No regional planning commission may be created to include territory located in 3 or more uniform state districts as established by 1970 executive order 22 dated August 24, 1970. Any existing regional planning commission which includes territory located in 3 or more such uniform state districts shall be dissolved no later than December 31, 1972.
(3) (a) 2. Two members from each participating county shall be appointed by the governor. At least one such appointee shall be a person, selected from a list of 2 or more persons nominated by the county board, who has experience in local government in elective or appointive offices or who is professionally engaged in advising local governmental units in the fields of land-use planning, transportation, law, finance, engineering or recreation and natural resources development. The governor in making appointments hereunder under this subdivision shall give due weight to the place of residence of the appointees within the various counties encompassed by the region.
(b) (intro.) For any region which does not include a city of the first class 1st class city, the membership composition of a regional planning commission shall be in accordance with resolutions approved by the governing bodies of a majority of the local units in the region, and these units shall have in the aggregate at least half the population of the region. For the purposes of this determination a county, part or all of which is within the region, shall be counted as a local unit, but the population of an approving county shall not be counted. In the absence of the necessary approval by the local units, the membership composition of a commission shall be determined as follows:
(5) Chairperson; rules of procedure; records. Each regional planning commission shall elect its own chairperson and executive committee and shall establish its own rules of procedure, and may create and fill such other offices as it may determine necessary. The commission may authorize the executive committee to act for it on all matters pursuant to under rules adopted by it. The commission shall meet at least once each year. It shall keep a record of its resolutions, transactions, findings and determinations, which shall be a public record.
(7) Advisory committees or councils; appointment. The regional planning commission may appoint advisory committees or councils whose membership may consist of individuals whose experience, training or interest in the program may qualify them to lend valuable assistance to the regional planning commission by acting in an advisory capacity in consulting with the regional planning commission on all phases of the commission's program. Members of such advisory bodies shall receive no compensation for their services but may be reimbursed for actual expenses incurred in the performance of their duties.
150,609
Section
609. 66.945 (8) (a) of the statutes, as affected by
1999 Wisconsin Act 9, is renumbered 66.0309 (8) (a) and amended to read:
66.0309 (8) (a) 1. The regional planning commission may conduct take any of the following actions:
a. Conduct all types of research studies, collect and analyze data, prepare maps, charts and tables, and conduct all necessary studies for the accomplishment of its other duties; it may, consistent.
b. Consistent with the elements specified in s. 66.0295 66.1001, make plans for the physical, social and economic development of the region, and may, consistent with the elements specified in s. 66.0295 66.1001, adopt by resolution any plan or the portion of any plan so prepared as its official recommendation for the development of the region; it may publicize.
c. Publicize and advertise its purposes, objectives and findings, and may distribute reports thereon; it may provide concerning these items.
d. Provide advisory services on regional planning problems to the local government units within the region and to other public and private agencies in matters relative to its functions and objectives, and may act as a coordinating agency for programs and activities of such local units and agencies as they relate to its objectives.
2. All public officials shall, upon request, furnish to the regional planning commission, within a reasonable time, such available information as it requires for its work. In general, the regional planning commission shall have all powers necessary to enable it to perform its functions and promote regional planning. The functions of the regional planning commission shall be solely advisory to the local governments and local government officials comprising the region.
150,610
Section
610. 66.945 (8) (b) of the statutes is renumbered 66.0309 (8) (b).
