AB710,130,1613
(c)
Any A city, village or town providing or acquiring a motor bus transportation
14system under
the provisions of this section may finance
such the construction or
15purchase in any manner
now authorized
in respect of for the construction or
16purchase of a public utility.
AB710, s. 175
17Section
175. 66.066 (title), (1) to (1m) and (2) (intro.) and (a) to (i) of the
18statutes are renumbered 66.0621 (title), (1) to (3) and (4) (intro.) and (a) to (i), and
1966.0621 (1) (a) and (b), (2), (3) and (4) (intro.) and (a) to (i), as renumbered, are
20amended to read:
AB710,131,621
66.0621
(1) (a) "Municipality" means
any a city, village, town, county,
22commission created by contract under s.
66.30 66.0301, public inland lake protection
23and rehabilitation district established under s. 33.23, 33.235 or 33.24, metropolitan
24sewerage district created under ss.
66.20 to 66.26 or 66.88 to 66.918 200.01 to 200.15
25and 200.21 to 200.65, town sanitary district under subch. IX of ch. 60, a local
1professional baseball park district created under subch. III of ch. 229 or a municipal
2water district or power district under ch. 198 and any other public or quasi-public
3corporation, officer, board or other public body empowered to borrow money and issue
4obligations to repay the
same money and obligations out of revenues. "Municipality"
5does not include the state or a local exposition district created under subch. II of ch.
6229.
AB710,131,167
(b)
For purposes of financing under this section, "public "Public utility" means
8any revenue producing facility or enterprise owned by a municipality and operated
9for a public purpose as defined in s. 67.04 (1) (b)
or undertaken by a municipality
10under s. 66.067 including garbage incinerators, toll bridges, swimming pools, tennis
11courts, parks, playgrounds, golf links, bathing beaches, bathhouses, street lighting,
12city halls, village halls, town halls, courthouses, jails, schools, cooperative
13educational service agencies, hospitals, homes for the aged or indigent, child care
14centers, as defined in s. 231.01 (3c), regional projects, waste collection and disposal
15operations, sewerage systems, local professional baseball park facilities and any
16other necessary public works projects undertaken by a municipality.
AB710,131,22
17(2) Nothing in this This section
shall be construed to does not limit the
18authority of
any a municipality to acquire, own, operate and finance in the manner
19provided in this section a source of water and necessary transmission facilities,
20including all real and personal property, beyond its corporate limits. A source of
21water 50 miles beyond a municipality's corporate limits shall be within the
22municipality's authority.
AB710,132,5
23(3) Any A municipality may, by action of its governing body, provide for
24purchasing, acquiring, leasing, constructing, extending, adding to, improving,
25conducting, controlling, operating or managing a public utility, motor bus or other
1systems of public transportation from the general fund, or from the proceeds of
2municipal obligations, including revenue bonds.
Any
An obligation created
3pursuant to subs. (2) to (4) shall under sub. (4) or (5) is not
be considered an
4indebtedness of
such the municipality, and shall not be included in arriving at the
5constitutional debt limitation.
AB710,132,7
6(4) (intro.)
Where
If payment
of obligations is provided by revenue bonds, the
7following is the procedure for payment
shall be in the manner following:
AB710,132,188
(a) 1. The governing body
of the municipality, by ordinance or resolution, shall
9order the issuance and sale of bonds, executed as provided in s. 67.08 (1) and payable
10at
such times not exceeding 40 years from the date
thereof of issuance, and at
such 11places,
as that the governing body of
such the municipality
shall determine, which 12determines. The bonds shall be payable only out of the special redemption fund.
13Each
such bond shall include a statement that it is payable only from the special
14redemption fund, naming the ordinance or resolution creating it
, and that it does not
15constitute an indebtedness of
such the municipality. The bonds may be issued either
16as registered bonds under s. 67.09 or as coupon bonds payable to bearer. Bonds shall
17be sold in
such the manner and upon
such the terms
as determined by the governing
18body
deems for the best interests of
said the municipality.
AB710,133,319
2. Interest, if any, on bonds shall be paid at least annually to bondholders.
20Payment of principal on the bonds shall commence not later than 3 years after the
21date of issue or 2 years after the estimated date that construction will be completed,
22whichever is later.
Thereafter After the commencement of the payment of principal
23on the bonds, at least annually, the municipality shall make principal payments and,
24if any, interest payments to bondholders or provide by ordinance or resolution that
25payments be made into a separate fund for payment to bondholders as specified in
1the ordinance or resolution authorizing the issuance of the bonds. The amount of the
2annual debt service payments made or provided for shall be reasonable in accordance
3with prudent municipal utility management practices.
AB710,133,104
3. All
such revenue bonds may contain a provision authorizing redemption
5thereof of the bonds, in whole or in part, at stipulated prices, at the option of the
6municipality on any interest payment date. The governing body
of a municipality 7may provide in
any a contract for purchasing, acquiring, leasing, constructing,
8extending, adding to, improving, conducting, controlling, operating or managing a
9public utility, that payment
thereof shall be made in
such bonds at not less than 95%
10of the par value
thereof of the bonds.
AB710,134,1511
(b) All moneys received from
any bonds issued under this section shall be
12applied solely for purchasing, acquiring, leasing, constructing, extending, adding to,
13improving, conducting, controlling, operating or managing a public utility, and in the
14payment of the cost of
any subsequent necessary additions, improvements and
15extensions. Bonds issued under this section shall be secured by a pledge of the
16revenues of the public utility to the holders of the bonds and to the holders of
any 17coupons of the bonds and may be additionally secured by a mortgage lien upon the
18public utility to the holders of the bonds and to the holders of
any coupons of the
19bonds. If a mortgage lien is created by ordinance or resolution, the lien
shall be is 20perfected by publication of the ordinance or resolution or by recording of the
21ordinance or resolution in the records of the municipality. In addition, the
22municipality may record the lien by notifying the register of deeds of the county in
23which the public utility is located concerning its issuance of bonds. If the register of
24deeds receives notice from the municipality, the register of deeds shall record any
25mortgage lien created. The public utility
shall remain remains subject to the pledge
1and, if created, the mortgage lien until the payment in full of the principal and
2interest of the bonds. Upon repayment of bonds for which a mortgage lien has been
3created, the register of deeds shall, upon notice from the municipality, record a
4satisfaction of the mortgage lien. Any holder of a bond or of
any coupons attached
5to a bond may
either at law or in equity protect and enforce this pledge and, if created,
6the mortgage lien and compel performance of all duties required of the municipality
7by this section.
Any A municipality may provide for additions, extensions and
8improvements to a public utility that it owns by additional issues of bonds under this
9section.
Such The additional issues of bonds
shall be are subordinate to all prior
10issues of bonds under this section, but a municipality may in the ordinance or
11resolution authorizing bonds permit the issue of additional bonds on a parity
12therewith. Any with prior issues. A municipality may issue new bonds under this
13section to provide funds for refunding any outstanding municipal obligations,
14including interest, issued for any of the purposes stated in sub.
(1m) (3). Refunding
15bonds issued under this section are subject to
all of the following provisions:
AB710,134,2316
1. Refunding bonds may be issued to refinance more than one issue of
17outstanding municipal obligations notwithstanding that
such the outstanding
18municipal obligations may have been issued at different times and may be secured
19by the revenues of more than one public utility.
Any such public Public utilities may
20be operated as a single public utility, subject
however to contract rights vested in
21holders of bonds or promissory notes being refinanced. A determination by the
22governing body
of a municipality that any refinancing is advantageous or necessary
23to the municipality
shall be is conclusive.
AB710,135,3
14. The refunding bonds
shall are not
be considered an indebtedness of
such a 2municipality, and shall not be included in arriving at the constitutional debt
3limitation.
AB710,135,104
5. The governing body
of a municipality may
, in addition to other powers
5conferred by this section, include a provision in any ordinance or resolution
6authorizing the issuance of refunding bonds pledging all or
any part of the revenues
7of any public utility or utilities
or combination thereof originally financed
or, 8extended or improved from the proceeds of any of the municipal obligations being
9refunded, and pledging all or
any part of the surplus income derived from the
10investment of
any a trust created in relation to the refunding.
AB710,135,1611
6. This subsection
, without reference to any other laws of this state, shall
12constitute constitutes full authority for the authorization and issuance of refunding
13bonds
hereunder and for
the doing of all other acts authorized by this subsection to
14be done or performed and
such the refunding bonds may be issued
hereunder under
15this subsection without regard to the requirements, restrictions or procedural
16provisions contained in any other law.
AB710,135,2217
(c) The governing body
of a municipality shall, in the ordinance or resolution
18authorizing the issuance of bonds, establish a system of funds and accounts and
19provide for sufficient revenues to operate and maintain the public utility and to
20provide fully for annual debt service requirements of bonds issued under this section.
21The governing body
of a municipality may establish a fund or account for
22depreciation of assets of the public utility.
AB710,136,723
(d) If a governing body
of a municipality creates a depreciation fund under par.
24(c) it shall use the funds set aside to restore any deficiency in the special redemption
25fund specified in par. (e) for the payment of the principal and interest due on the
1bonds and for the creation and maintenance of any reserves established by the bond
2ordinance or resolution to secure these payments. If the special redemption fund is
3sufficient for these purposes, moneys in the depreciation fund may be expended for
4repairs, replacements, new constructions, extensions or additions of the public
5utility.
Any accumulations Accumulations of the depreciation fund may be invested
, 6and
if invested, the income from the investment shall be deposited in the
7depreciation fund.
AB710,136,138
(e) The governing body of
the a municipality shall by ordinance or resolution
9create a special fund in the treasury of the municipality to be identified as "the ....
10special redemption fund" into which shall be paid the amount which
shall be is set
11aside for the payment of the principal and interest due on the bonds and for the
12creation and maintenance of any reserves established by bond ordinance or
13resolution to secure these payments.
AB710,136,1614
(f) At the close of the public utility's fiscal year, if any surplus has accumulated
15in any of the
above funds
specified in this subsection, it may be disposed of in the
16order set forth under s.
66.069 (1) (c) 66.0811 (2).
AB710,136,1917
(g) The reasonable cost and value of any service rendered to
such a municipality
18by
such a public utility shall be charged against the municipality and shall be paid
19by it in instalments.
AB710,136,2520
(h) The rates for all services rendered by
such
a public utility to
the a 21municipality or to other consumers
, shall be reasonable and just, taking into account
22and consideration the value of the
said public utility, the cost of maintaining and
23operating the
same public utility, the proper and necessary allowance for
24depreciation
thereof of the public utility, and a sufficient and adequate return upon
25the capital invested.
AB710,137,17
1(i) The governing body
shall have full power to of a municipality may adopt all
2ordinances and resolutions necessary to carry into effect this subsection.
Any An 3ordinance or resolution providing for the issuance of bonds may contain such
4provisions or covenants, without limiting the generality of the power to adopt
such 5an ordinance or resolution, as
is deemed are considered necessary or desirable for the
6security of bondholders or the marketability of the bonds
, including. The provisions
7or covenants may include but
are not limited to provisions
as relating to the
8sufficiency of the rates or charges to be made for service, maintenance and operation,
9improvements or additions to and sale or alienation of the public utility, insurance
10against loss, employment of consulting engineers and accountants, records and
11accounts, operating and construction budgets, establishment of reserve funds,
12issuance of additional bonds, and deposit of the proceeds of the sale of the bonds or
13revenues of the public utility in trust, including the appointment of depositories or
14trustees.
Any An ordinance or resolution authorizing the issuance of bonds or other
15obligations payable from revenues of a public utility
shall constitute constitutes a
16contract with the holder of
any bonds or other obligations issued pursuant to
such 17the ordinance or resolution.
AB710, s. 176
18Section
176. 66.066 (2) (j) of the statutes is repealed.
Note: Repeals an archaic provision of the statutes regulating proceedings
relating to a public utility that were begun prior to May 6, 1911.
AB710, s. 177
19Section
177. 66.066 (2) (k) to (m), (4) and (5) of the statutes are renumbered
2066.0621 (4) (j) to (L), (5) and (6), and 66.0621 (4) (j) to (L) and (5), as renumbered, are
21amended to read:
AB710,138,2222
66.0621
(4) (j)
Under this paragraph, the The ordinance or resolution required
23under par. (c) may set apart bonds equal to the amount of any secured debt or charge
1subject to which a public utility may be purchased, acquired, leased, constructed,
2extended, added to or improved
, and. The ordinance or resolution shall set aside for
3interest and debt service fund from the income and revenues of the public utility a
4sum sufficient to comply with the requirements of the instrument creating the lien,
5or, if the instrument does not make any provision for it, the ordinance or resolution
6shall fix the amount which shall be set aside into a secured debt fund from month to
7month for interest on the secured debt, and a fixed amount or proportion not
8exceeding a stated sum, which shall be not less than
one percent 1% of the principal,
9to be set aside into the fund to pay the principal of the debt. Any surplus after
10satisfying the debt may be transferred to the special redemption fund. Public utility
11bonds set aside for the debt may
from time to time be issued to an amount sufficient
12with the amount then in the debt service fund to pay and retire the debt or any
13portion of it
; the. The bonds may be issued at not less than 95% of the par value in
14exchange for, or satisfaction of, the secured debt, or may be sold in the manner
15provided in this paragraph, and the proceeds applied in payment of the secured debt
16at maturity or before maturity by agreement with the holder. The governing body
17of a municipality and the owners of
any a public utility acquired, purchased, leased,
18constructed, extended, added to or improved under this paragraph may
, upon such
19terms and conditions as are satisfactory, contract that public utility bonds providing
20for the secured debt or for the whole purchase price shall be deposited with a trustee
21or depository and released from deposit
from time to time on the terms and conditions
22necessary to secure the payment of the debt.
AB710,139,1323
(k)
Any A municipality purchasing, acquiring, leasing, constructing,
24extending, adding to or improving, conducting, controlling, operating or managing
25a public utility subject to a mortgage or deed of trust by the vendor or the vendor's
1predecessor in title to secure the payment of outstanding and unpaid bonds made by
2the vendor or the vendor's predecessor in title, may readjust, renew, consolidate or
3extend the obligation evidenced by the outstanding bonds and continue the lien of
4the mortgage, securing the
same mortgage by issuing bonds to refund the
5outstanding mortgage or revenue bonds at or
prior to
before their maturity
, which.
6The refunding bonds
shall be are payable only out of a special redemption fund
to be 7created and set aside by ordinance or resolution under par. (e). The refunding bonds
8shall be secured by a mortgage lien upon the public utility, and the municipality
is
9authorized to may adopt all ordinances or resolutions and take all proceedings,
10following the procedure under this subsection. The lien
shall have has the same
11priority on the public utility as the mortgage securing the outstanding bonds, unless
12otherwise expressly provided in the proceedings of the governing body of the
13municipality.
AB710,140,314
(L) 1. If the governing body of
any a municipality, by ordinance or resolution,
15declares its intentions to authorize the issuance or sale of revenue bonds under this
16section, the governing body may, prior to issuance of the bonds and in anticipation
17of their sale, authorize the issuance of bond anticipation notes by the adoption of a
18resolution or ordinance. The notes shall be named "bond anticipation notes
."
. Bond
19anticipation notes may be issued for the purposes for which the municipality has
20authority to issue revenue bonds. The ordinance or resolution authorizing the bond
21anticipation notes shall state the purposes for which the bond anticipation notes are
22to be issued and shall set forth a covenant of the municipality to issue the revenue
23bonds in an amount sufficient to retire the outstanding bond anticipation notes. The
24ordinance or resolution may contain other covenants and provisions, including a
25description of the terms of the revenue bonds to be issued. The municipality may
1pledge revenues of the public utility to payment of the principal and interest on the
2bond anticipation notes. Prior to issuance of the bond anticipation notes, the
3governing body may adopt an ordinance or resolution authorizing the revenue bonds.
AB710,140,124
2. Bond anticipation notes may be issued for periods of up to 5 years and may,
5by ordinance or resolution of the governing body
of a municipality, be refunded one
6or more times, if the refunding bond anticipation notes do not exceed 5 years in term
7and if they will be paid within 10 years after the date of issuance of the original bond
8anticipation notes. Bond anticipation notes shall be executed as provided in s. 67.08
9(1) and may be registered under s. 67.09. These notes shall state the sources from
10which they are payable. Bond anticipation notes are not an indebtedness of the
11municipality issuing them, and no lien may be created or attached with respect to
12any property of the municipality as a consequence of the issuance of
such the notes.
AB710,140,2213
3. Any funds derived from the issuance and sale of revenue bonds under this
14section and issued subsequent to the execution and sale of bond anticipation notes
15shall constitute a trust fund, and
such the fund shall be expended first for the
16payment of principal and interest of
such the bond anticipation notes, and then may
17be expended for
such other purposes
as are set forth in the ordinance or resolution
18authorizing the revenue bonds. No bond anticipation notes may be issued unless a
19financial officer of the municipality certifies to the governing body
of the
20municipality that contracts with respect to additions, improvements and extensions
21are to be let and that the proceeds of
such the notes
shall be are required for the
22payment of
such the contracts.
AB710,141,723
4. Following the issuance of the bond anticipation notes, revenues of the public
24utility may be paid into a fund to pay principal and interest on the bond anticipation
25notes, which moneys or any part of them may, by the ordinance or resolution
1authorizing the issuance of bond anticipation notes, be pledged for the payment of
2the principal of and interest on
such the notes. The ordinance or resolution shall
3pledge to the payment of the principal of the notes the proceeds of the sale of the
4revenue bonds in anticipation of the sale of which the notes were authorized to be
5issued and may provide for use of revenue of the public utility or other available
6funds for payment of principal on the notes. The notes
shall constitute are negotiable
7instruments.
AB710,141,128
6.
Any A municipality authorized to issue or sell bond anticipation notes under
9this paragraph may, in addition to the revenue sources or bond proceeds, appropriate
10funds out of its annual tax levy for the payment of
such the notes. The payment of
11such the notes out of funds from a tax levy
shall is not
be construed as constituting 12an obligation of
such the municipality to make any other
such appropriation.
AB710,141,1413
7.
Such bond Bond anticipation notes
shall constitute are a legal form of
14investment for municipal funds under s.
66.04 (2)
66.0605 (1).
AB710,142,4
15(5) Any A municipality which may own, purchase, acquire, lease, construct,
16extend, add to, improve, conduct, control, operate or manage any public utility may
17also, by action of its governing body, in lieu of issuing bonds or levying taxes and in
18addition to any other lawful methods of paying obligations, provide for or secure the
19payment of the cost of purchasing, acquiring, leasing, constructing, extending,
20adding to, improving, conducting, controlling, operating or managing a public utility
21by pledging, assigning or otherwise hypothecating, shares of stock evidencing a
22controlling interest
therein in a public utility, or the net earnings or profits derived,
23or to be derived, from the operation of the public utility. The municipality may enter
24into the contracts and may mortgage the public utility and issue obligations to carry
25out this subsection.
Any A municipality may issue additional obligations under this
1subsection or elsewhere in this section, but those obligations
shall be are subordinate
2to all prior obligations, except that the municipality may in the ordinance or
3resolution authorizing obligations under this subsection permit the issue of
4additional obligations on a parity with those previously issued.
Note: Repeals s. 66.067, relating to permissible public works projects, since the
substance of the section has been incorporated into s. 66.0621 (1) (b).
AB710, s. 179
6Section
179. 66.068 (title) of the statutes is renumbered 66.0805 (title) and
7amended to read:
AB710,142,8
866.0805 (title)
Management of municipal public utility by commission.
AB710, s. 180
9Section
180
. 66.068 (1) of the statutes is repealed.
Note: The repealed subsection is restated as s. 66.0805 (1), created by Section
236.
AB710, s. 181
10Section
181
. 66.068 (2) to (4) of the statutes are renumbered 66.0805 (2) to (4),
11and 66.0805 (3) and (4), as renumbered, are amended to read:
AB710,142,2012
66.0805
(3) The
commissioners commission shall choose
from among their
13number a president and a secretary
. They from its membership. The commission
14may appoint and establish the compensation of a manager. The commission may
15command the services of the city, village or town engineer and may employ and fix
16the compensation of
such subordinates as
shall be necessary.
They The commission 17may make rules for
their own its proceedings and for the government of
their the 18department.
They The commission shall keep books of account, in the manner and
19form prescribed by the department of transportation or public service commission,
20which shall be open to the public.
Note: The 2nd sentence restates a portion of s. 66.068 (1), repealed by Section
180.
AB710,143,10
1(4) (a) It may be provided The governing body of the city, village or town may
2provide that departmental expenditures be audited by
such the commission, and if
3approved by the president and secretary of the commission, be paid by the city,
4village or town clerk and treasurer as provided by s.
66.042 66.0607; that the utility
5receipts be paid to a bonded cashier
or cashiers appointed by the commission, to be
6turned over to the city, village or town treasurer at least once a month; and that the
7commission have
such designated general powers in the construction, extension,
8improvement and operation of the utility
as shall be designated. Where in any
9municipality. Actual construction work shall be under the immediate supervision of
10the board of public works or corresponding authority.
AB710,143,19
11(b) If water mains have been installed or extended
in a municipality and the
12cost
thereof of installation or extension has been in some instances assessed against
13the abutting owners and in other instances paid by the municipality or
any a utility
14therein, it may be provided by, the governing body of
such the municipality
may
15provide that all persons who paid
any such the assessment against any lot or parcel
16of land may be reimbursed the amount of
such the assessment regardless of when
17such assessment was made or paid.
Such reimbursement
Reimbursement may be
18made from such funds or earnings of
said the municipal utility or from such funds
19of the municipality as the governing body determines.
Note: The new sentence at the end of par. (a) restates s. 66.068 (5), repealed by
Section 182.
AB710, s. 182
20Section
182
. 66.068 (5) of the statutes is repealed.
Note: The repealed provision is restated in renumbered s. 66.0805 (4) (a). See
Section 181.
AB710, s. 183
21Section
183. 66.068 (6) and (7) of the statutes are renumbered 66.0805 (5) and
22(6) and amended to read:
AB710,144,2
166.0805
(5) Two or more public utilities acquired as a single enterprise
2hereunder may be operated
under this section as a single enterprise.
AB710,144,6
3(6) In a 2nd, 3rd or 4th class city, a village or a town, the council or board may
4provide for the operation of a public utility or utilities by the board of public works
5or by another officer or officers, in lieu of the commission
above provided for
in this
6section.
AB710, s. 184
7Section
184. 66.069 (title) of the statutes is renumbered 66.0809 (title) and
8amended to read:
AB710,144,10
966.0809 (title)
Charges; outside services Municipal public utility
10charges.
AB710, s. 185
11Section
185. 66.069 (1) (title) of the statutes is repealed.
AB710, s. 186
12Section
186. 66.069 (1) (a) to (bn) of the statutes are renumbered 66.0809 (1)
13to (5), and 66.0809 (1), (2), (3), (4) (intro.) and (a) and (5) (a) (intro.) and (b) to (d), as
14renumbered, are amended to read:
AB710,144,2215
66.0809
(1) Except as provided in
par. (am) sub. (2), the governing body of
any 16a town, village or city operating a public utility may, by ordinance, fix the initial rates
17and shall provide for this collection monthly, bimonthly or quarterly in advance or
18otherwise. The rates shall be uniform for like service in all parts of the municipality
19and shall include the cost of fluorinating the water. The rates may
also include
20standby charges to property not connected but for which
such public utility facilities
21have been made available. The charges shall be collected by the treasurer
or other
22officer or employe designated by the city, village or town.
Note: Authorizes, as an alternative to the treasurer collecting utility charges, a
city, village or town to designate another officer to collect the charges.
Apparently, in a number of municipalities, utility commissions have their own
bonded clerk collect charges.
AB710,145,4
1(2) If, on June 21, 1996, it is the practice of a governing body of a town, village
2or city operating a public utility to collect utility service charges using a billing period
3other than one permitted under
par. (a) sub. (1), the governing body may continue
4to collect utility service charges using that billing period.
AB710,146,17
5(3) Except as provided in
pars. (bg) and (bn) subs. (4) and (5), on October 15 in
6each year notice shall be given to the owner or occupant of all lots or parcels of real
7estate to which utility service has been furnished prior to October 1 by a public utility
8operated by
any a town, city or village and payment for which is owing and in arrears
9at the time of giving
such the notice. The department in charge of the utility shall
10furnish the treasurer with a list of
all such the lots or parcels of real estate
for which
11utility service charges are in arrears, and the notice shall be given by the treasurer,
12unless the governing body of the city, village or town
shall authorize such authorizes 13notice to be given directly by the department.
Such
The notice shall be in writing and
14shall state the amount of
such arrears, including any penalty assessed pursuant to
15the rules of
such the utility; that unless the
same amount is paid by November 1
16thereafter a penalty of
10 % 10% of the amount of
such arrears will be added
thereto;
17and that unless
such the arrears, with any
such added penalty,
shall be
are paid by
18November 15
thereafter, the
same
arrears and penalty will be levied as a tax against
19the lot or parcel of real estate to which utility service was furnished and for which
20payment is delinquent
as above specified. Such. The notice may be served by
21delivery to either
such the owner or occupant personally, or by letter addressed to
22such the owner or occupant at the post-office address of
such the lot or parcel of real
23estate. On November 16 the officer or department issuing the notice shall certify and
24file with the clerk a list of all lots or parcels of real estate, giving the legal description
25thereof, to the owners or occupants of, for which notice of arrears
in payment were
1was given
as above specified and
for which arrears
still remain unpaid,
and stating
2the amount of
such arrears
together with the added and penalty
thereon as herein
3provided. Each
such delinquent amount, including
such the penalty,
shall thereupon
4become becomes a lien upon the lot or parcel of real estate to which the utility service
5was furnished and payment for which is delinquent, and the clerk shall insert the
6same delinquent amount and penalty as a tax against
such the lot or parcel of real
7estate. All proceedings in relation to the collection of general property taxes and to
8the return and sale of property for delinquent taxes
shall apply to
said the tax if
the
9same it is not paid within the time required by law for payment of taxes upon real
10estate. Under this
paragraph subsection, if an arrearage is for utility service
11furnished and metered by the utility directly to a mobile home unit in a licensed
12mobile home park, the notice shall be given to the owner of the mobile home unit and
13the delinquent amount
shall become becomes a lien on the mobile home unit rather
14than a lien on the parcel of real estate on which the mobile home unit is located. A
15lien on a mobile home unit may be enforced using the procedures under s. 779.48 (2).
16This
paragraph subsection does not apply to arrearages collected using the
17procedure under s.
66.60 (16) 66.0627.
AB710,146,19
18(4) (intro.) A municipal utility may use the procedures under
par. (b) sub. (3) 19to collect arrearages for electric service only if one of the following applies:
AB710,146,2220
(a) The municipality has enacted an ordinance that authorizes the use of the
21procedures under
par. (b) sub. (3) for the collection of arrearages for electric service
22provided by the municipal utility.
AB710,146,24
23(5) (a) (intro.) This
paragraph subsection applies only if all of the following
24conditions are met:
AB710,147,4
1(b) If this
paragraph subsection applies, a municipal public utility may use
par.
2(b) sub. (3) to collect arrearages incurred after the owner of a rental dwelling unit has
3provided the utility with written notice under
subd. 1. par. (a) only if the municipality
4complies with at least one of the following:
AB710,147,175
1. In order to comply with this
subd. 2. a. subdivision, a municipal public utility
6shall send bills for water or electric service to a customer who is a tenant in the
7tenant's own name. Each time that a municipal public utility notifies a customer who
8is a tenant that charges for water or electric service provided by the utility to the
9customer are past due for more than one billing cycle, the utility shall also serve a
10copy of the notice on the owner of the rental dwelling unit in the manner provided
11in s. 801.14 (2). If a customer who is a tenant vacates his or her rental dwelling unit,
12and the owner of the rental dwelling unit provides the municipal public utility, no
13later than 21 days after the date on which the tenant vacates the rental dwelling
14unit, with a written notice that contains a forwarding address for the tenant and the
15date that the tenant vacated the rental dwelling unit, the utility shall continue to
16send past-due notices to the customer at his or her forwarding address until the
17past-due charges are paid or until notice has been provided under
par. (b) sub. (3).
AB710,147,2318
2. In order to comply with this
subd. 2. b. subdivision, if a customer who is a
19tenant has charges for water or electric service provided by the utility that are past
20due, the municipal public utility shall serve notice of the past-due charges on the
21owner of the rental dwelling unit within 14 days of the date on which the tenant's
22charges became past due. The municipal public utility shall serve notice in the
23manner provided in s. 801.14 (2).
AB710,148,3
1(c) A municipal public utility may demonstrate compliance with the notice
2requirements of
subd. 2. a. or b. par. (b) 1. or 2. by providing evidence of having sent
3the notice by U.S. mail.
AB710,148,64
(d) If this
paragraph subsection applies and a municipal public utility is
5permitted to collect arrearages under
par. (b) sub. (3), the municipal public utility
6shall provide all notices under
par. (b) sub. (3) to the owner of the property.
AB710, s. 187
7Section
187. 66.069 (1) (c) and (d) of the statutes are renumbered 66.0811 (2)
8and (3) and amended to read:
AB710,148,209
66.0811
(2) The income of a
municipal public utility
owned by a municipality, 10shall first be used to make payments to meet operation, maintenance, depreciation,
11interest, and debt service fund requirements, local and school tax equivalents,
12additions and improvements, and other necessary disbursements or indebtedness.
13Beginning with taxes levied in 1995, payable in 1996, payments for local and school
14tax equivalents shall at least be equal to the payment made on the property for taxes
15levied in 1994, payable in 1995, unless a lower payment is authorized by the
16governing body of the municipality. Income in excess of these requirements may be
17used to purchase and hold interest bearing bonds, issued for the acquisition of the
18utility
, or; bonds issued by the United States or any municipal corporation of this
19state
, or; insurance upon the life of an officer or manager of
such the utility
,; or may
20be paid into the general fund.
AB710,149,2
21(3) Any A city, town or village may use funds derived from its water plant
above
22such as are necessary to meet operation, maintenance, depreciation, interest and
23debt service funds
,; new construction or equipment or other indebtedness
, for
24sewerage construction work other than
such as that which is chargeable against
25abutting property; or
they may turn such the funds
may be placed into the general
1fund to be used for general city purposes
, or
may place such funds in a special fund
2to be used for special municipal purposes.
AB710, s. 188
3Section
188. 66.069 (1) (e) of the statutes is renumbered 66.0811 (1) and
4amended to read:
AB710,149,65
66.0811
(1) Any A city, village or town owning a public utility
shall be
is entitled
6to the same rate of return as permitted for privately owned utilities.
AB710, s. 189
7Section
189. 66.069 (2) of the statutes is renumbered 66.0813, and 66.0813 (1),
8(2), (3) (a), (5) and (6), as renumbered, are amended to read:
AB710,149,139
66.0813
(1) Any A town, town sanitary district, village or city owning water,
10light or power plant or equipment may serve persons or places outside its corporate
11limits, including adjoining municipalities not owning or operating a similar utility,
12and may interconnect with another municipality, whether contiguous or not, and for
13such these purposes may use equipment owned by
such the other municipality.
AB710,149,17
14(2) So much of such plant Plant or equipment, except water plant or equipment
15or interconnection property in any municipality
so interconnected,
as shall be 16situated in another municipality
shall be is taxable in
such the other municipality
17pursuant to under s. 76.28.
AB710,149,24
18(3) (a) Notwithstanding s. 196.58 (5),
each a city, village or town may by
19ordinance fix the limits of
such utility service in unincorporated areas.
Such The 20ordinance shall delineate the area within which service will be provided and the
21municipal utility
shall have has no obligation to serve beyond the
area so delineated
.
22Such area. The delineated area may be enlarged by a subsequent ordinance. No
such 23ordinance
shall be under this paragraph is effective to limit any obligation to serve
24which may have that existed at the time
that the ordinance was adopted.
AB710,150,9
1(5) An agreement under
par. (d) sub. (4) under which a city or village agrees
2to furnish sewerage service to a prison, which is located in an area
which that has
3been incorporated since that agreement was made, may be amended to provide that
4the city or village
will also furnish water service to the prison. An agreement
5amended under this
paragraph subsection fixes the nature and geographical limits
6of the water and sewer service unless altered by a change in the agreement,
7notwithstanding s. 196.58 (5). A change in use or ownership of property included
8under an agreement amended under this
paragraph subsection does not alter the
9terms and limitations of that agreement.
AB710,150,18
10(6) Any A town, village or city owning a public utility, or the board of any
11municipal
public utility appointed under s.
66.068 66.0805, may enter into
12agreements with any other
such towns, villages or cities
owning public utilities, or
13any other
such boards of municipal
public utilities, for mutual aid in the event of an
14emergency or disaster in any of their respective service areas.
Such The agreements
15may include
, but are not limited to, provisions for the movement of employes and
16equipment in and between the service areas of the
various participating
17municipalities for the purpose of rendering
such aid and
, for the reimbursement of
18a municipality rendering
such aid by the municipality receiving the aid.
AB710, s. 190
19Section
190. 66.07 of the statutes is renumbered 66.0817, and 66.0817 (intro.)
20and (1) to (6), as renumbered, are amended to read:
AB710,150,23
2166.0817 Sale or lease of municipal public utility plant. (intro.)
Any
A 22town, village or city may sell or lease any complete public utility plant owned by it
, 23in
manner the following
manner:
AB710,151,6
24(1) A preliminary agreement with the prospective purchaser or lessee shall be
25authorized by a resolution or ordinance containing a summary of the terms proposed,
1of the disposition to be made of the proceeds, and of the provisions to be made for the
2protection of holders of obligations against
such
the plant or against the municipality
3on account
thereof. Such of the plant. The resolution or ordinance shall be published
4at least one week before adoption, as a class 1 notice, under ch. 985.
It The resolution
5or ordinance may be adopted only at a regular meeting and by a majority of all the
6members of the governing body.
AB710,151,10
7(2) The preliminary agreement shall fix the price of sale or lease, and provide
8that if the amount fixed by the department of transportation or public service
9commission
shall be larger is greater, the price shall be that fixed by the department
10or commission.
AB710,151,15
11(3) The municipality shall submit the preliminary agreement when executed
12to the department of transportation or public service commission, which shall
13determine whether the interests of the municipality and
of the its residents
thereof 14will be best served by the sale or lease, and if it so determines, shall fix the price and
15other terms.
AB710,151,25
16(4) The After the price and other terms are fixed under sub. (3), the proposal
17shall
then be submitted to the electors of the municipality. The notice of the
18referendum shall include a description of the plant
, and a summary of the
19preliminary agreement
, and of the price and terms as fixed by the department of
20transportation or public service commission. If a majority voting on the question
21shall vote votes for the sale or lease, the board or council
shall be authorized to
may 22consummate the
same sale or lease, upon the terms and at a price not less than fixed
23by the department of transportation or public service commission, with the proposed
24purchaser or lessee or any other with whom better terms approved by the
25department of transportation or public service commission can be made.
AB710,152,3
1(5) Unless the sale or lease is consummated within one year of the referendum,
2or the time is extended by the department of transportation or public service
3commission, the proceedings
shall be are void.
AB710,152,14
4(6) If the municipality has revenue or mortgage bonds outstanding relating to
5such the utility plant and which by their terms may not be redeemed concurrently
6with the sale or lease transaction, an escrow fund with a domestic bank as trustee
7may be established for the purpose of holding, administering and distributing
such 8that portion of the sales or lease proceeds
as may be necessary to cover the payment
9of the principal, any redemption premium and interest which will accrue on the
10principal through the earliest retirement date of the bonds. During the period of the
11escrow arrangement
such the funds may be invested in securities or other
12investments as described in s.
201.25 (1) (a), (b), (dm) and (j), 1969 stats., and in
13deposits or certificates of deposit with any state or national bank doing business in
14this 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.
AB710, s. 191
15Section
191. Subchapter VII (title) of chapter 66 [precedes 66.0701] of the
16statutes is created to read: