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:
AB710,152,1717
Chapter 66
AB710,152,1918
Subchapter VII
19
SPECIAL ASSESSMENTS
AB710, s. 192
20Section
192
. 66.0707 (2) of the statutes is created to read:
AB710,153,7
166.0707
(2) A city, village or town may impose a special charge under s. 66.0627
2against real property in an adjacent city, village or town that is served by current
3services rendered by the municipality imposing the special charge if the municipality
4in which the property is located approves the imposition by resolution. The owner
5of the property is entitled to the use and enjoyment of the service for which the special
6charge is imposed on the same conditions as the owner of property within the city,
7village 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.
AB710, s. 193
8Section
193
. 66.0709 (title) of the statutes is created to read:
AB710,153,10
966.0709 (title)
Preliminary payment of improvements funded by
10special assessments.
AB710, s. 194
11Section
194
. 66.0709 (1) of the statutes is created to read:
AB710,153,1212
66.0709
(1) In this section:
AB710,153,1313
(a) "Local governmental unit" has the meaning given in s. 66.0713 (1) (c).
AB710,153,1414
(b) "Public improvement" has the meaning given in s. 66.0713 (1) (d).
AB710, s. 195
15Section
195. 66.071 (title) of the statutes is renumbered 62.69 (title).
AB710, s. 196
16Section
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.
AB710, s. 197
17Section
197. 66.071 (1) (title) of the statutes is renumbered 62.69 (2) (title).
AB710, s. 198
18Section
198. 66.071 (1) (a) of the statutes is renumbered 62.69 (2) (c) and
19amended to read:
AB710,154,520
62.69
(2) (c) Water rates shall be collected in the manner and by
any one whom
21the
common council
may from time to time determine determines, and shall be
1accounted for and paid to
such the other officials in
such the manner and at
such the 2times
as that the council
may from time to time prescribe. Such persons prescribes.
3Persons collecting water rates shall give a bond to cover all the duties in
such an
4amount
as may be prescribed by the council. Final accounting shall be made to
the 5comptroller and final disposition of money shall be made to
the city treasurer.
AB710, s. 199
6Section
199
. 66.071 (1) (b) of the statutes is renumbered 62.69 (2) (a) and
7amended to read:
AB710,154,138
62.69
(2) (a)
The words In this subsection, "commissioner of public works"
in
9sub. (1) shall be construed to mean and have reference to includes any board of public
10works, or commissioner of public works, or other officer of
any the city having control
11of the
city's public works
therein, and all acts authorized to be done by such
12commissioner except for the enforcement of regulations approved by the council shall
13require the approval of the council before they shall have any force or effect.
AB710, s. 200
14Section
200. 66.071 (1) (c) to (j) of the statutes are renumbered 62.69 (2) (d)
15to (L), and 62.69 (2) (e), (f), (g) 2. (intro.) and a., (h) and (k), as renumbered, are
16amended to read:
AB710,155,717
62.69
(2) (e) Water rates
shall be
are due
and payable upon such date or dates 18as the common council
may provide by regulation provides. To all water rates
19remaining unpaid 20 days
thereafter after the due date, there shall be added a
20penalty of
5 per cent 5% of the amount
of such rates due, and if
such the rates
shall 21remain unpaid for 10 days
thereafter additional days, water may be turned off the
22premises
, subject to the payment of such delinquent rates, and in such cases where.
23If the supply of water is turned off
as above provided, water
shall may not be
again 24turned on to
said the premises until all delinquent rates and penalties, and a sum
25not exceeding $2
as provided for by regulation for turning the water off and on,
shall
1have been are paid. The
same penalty and charge may be made when payment is
2made to a collector sent to the premises. On or before
each day when such the date
3on which rates become due
and payable as aforesaid, a written or printed notice or
4bill shall be mailed or personally delivered to the occupant or, upon written request,
5to the owner
wherever the at the location the owner
shall state states, of all premises
6subject to the payment of water rates, stating the amount due, the time when and
7the place where
such the rates can be paid
, and the penalty for neglect of payment.
AB710,156,58
(f) All water rates for water furnished to any building or premises, and the cost
9of repairing meters, service pipes, stops or stop boxes,
shall be are a lien on the lot,
10part of lot or parcel of land on which
such the building or premises
shall be situated 11is located. If any water rates or bills for the repairing of meters, service pipes, stops
12or stop boxes remain unpaid on
the first day of October
, in any year 1, the
same 13unpaid rates or bills shall be certified to the city comptroller
of such city on or before
14the first day of November
next following 1, and shall be placed by the comptroller
15upon the tax roll and collected in the same manner as other taxes on real estate are
16collected in
said the city. The charge for water supplied by the city in all premises
17where meters are attached and connected
, shall be at rates fixed by the commissioner
18of public works and for the quantity indicated by the meter. If
in any case, the
19commissioner of public works
shall determine determines that the quantity
20indicated by the meter is materially incorrect or if a meter has been off temporarily
21on account of due to repairs, the commissioner
of public works shall
determine in the
22best manner in the commissioner's power estimate the quantity used, and
such
23determination shall be the determination is conclusive. No water rate or rates duly
24assessed against any property
shall may be
thereafter remitted or changed except
25by the
common council
of such city. Under this paragraph, if an unpaid charge or bill
1is for utility service furnished and metered by the waterworks directly to a mobile
2home unit in a licensed mobile home park, the delinquent amount
shall become is a
3lien on the mobile home unit rather than a lien on the parcel of real estate on which
4the mobile home unit is located. A lien on a mobile home unit may be enforced using
5the procedures under s. 779.48 (2).
AB710,156,106
(g) 2. (intro.) If this paragraph applies, the commissioner of public works may
7use par.
(e) (f) to collect unpaid charges and bills incurred after the owner of a rental
8dwelling unit has provided the commissioner of public works with written notice
9under subd. 1. only if the commissioner of public works complies with at least one of
10the following:
AB710,156,2511
a. In order to comply with this subd. 2. a., the commissioner of public works
12shall send bills for water service to a customer who is a tenant in the tenant's own
13name. Each time that a commissioner of public works notifies a customer who is a
14tenant that charges for water service provided by the waterworks to the customer are
15past due for more than one billing cycle, the commissioner of public works shall also
16serve a copy of the notice on the owner of the rental dwelling unit in the manner
17provided in s. 801.14 (2). If a customer who is a tenant vacates his or her rental
18dwelling unit, and the owner of the rental dwelling unit provides the commissioner
19of public works, no later than 21 days after the date on which the tenant vacates the
20rental dwelling unit, with a sworn affidavit that contains a forwarding address for
21the tenant, the date that the tenant vacated the rental dwelling unit and a meter
22reading reflecting the service for which the tenant is responsible, the commissioner
23of public works shall continue to send past-due notices to the customer at his or her
24forwarding address until the past-due charges are paid or until the past-due
25charges have been certified to the comptroller under par.
(e) (f).
AB710,158,8
1(h) The
city commissioner of public works
of a city may issue a permit to the
2county in which
it the city is located, to any national home for disabled soldiers, or
3to any other applicant to obtain water from the city's water system for use outside
4of the limits of the city
; and for that purpose to connect any pipe that is laid outside
5of the city limits with water pipe in the city. No permit may be issued until the
6applicant files with the commissioner of public works a bond in
such the sum and
7with
such the surety
as that the commissioner
shall approve, conditioned approves
8on the condition: that the applicant will obey the rules and regulations prescribed
9by the commissioner
of public works for the use of the water; that the applicant will
10pay all charges fixed by the commissioner for the use of the water as measured by
11a meter to be approved by the commissioner,
which charges shall include including 12the proportionate cost of fluoridating the water and, except as to water furnished
13directly to county or other municipal properties,
shall which may not be less than
14one-quarter more than those charged to the inhabitants of the city for like use of
15water; that the applicant will pay to the city a water pipe assessment if the property
16to be supplied with water has frontage on any thoroughfare forming the city
17boundary line in which a water main has been or shall be laid, and at the rate
18prescribed by the commissioner
of public works; if the property to be supplied does
19not front on a city boundary but is distant
therefrom
from a boundary, that a main
20pipe of the same size, class and standard as terminates at the city boundary shall be
21extended, and the entire cost shall be paid by the applicant for the extension; that
22the water main shall be laid according to city specifications and under city
23inspection; that the water main and appliances shall become the
absolute property
24of the city, without any compensation
therefor, whenever for the main or appliances,
25if the property supplied with water by the extension or any part
thereof shall be of
1the property is annexed to or in any manner
become becomes a part of the city; and
2that the applicant will pay to the city all damages
whatever that it
may sustain 3sustains, arising
in any way out of the manner in which the connection is made or
4water supply is used. In
case of granting a permit to
any a county or to
any a national
5home for disabled soldiers, the commissioner of public works may waive the giving
6of a bond. Every permit shall be issued upon the understanding that the city
shall
7in no event ever be is not liable for any damage in case of failure to supply water by
8reason of any condition beyond its control.
AB710,159,29
(k) The commissioner of public works may
also make rules and regulations for
10the proper ventilating and trapping of all drains, soil pipes and fixtures
hereafter 11constructed to connect with or be used in connection with the sewerage or water
12supply of the city. The
common council may provide by ordinance for the enforcement
13of
such the rules and regulations,
and may prescribe proper including penalties
and
14punishment for disobedience of the same. The commissioner
of public works may
15also make rules to regulate the use of vent, soil, drain, sewer or water pipes in all
16buildings in
said the city
, which hereafter shall be proposed to be connected with the
17city water supply or sewerage, specifying the dimensions, strength and material
of
18which the same shall be made, and. The commissioner may prohibit the introduction
19into any building of any style of water fixture, tap or connection
, the use of which
20shall have been determined to be dangerous to health or
for any reason unfit to be
21used
, and the. The commissioner
of public works shall require a rigid inspection by
22a skilled and competent inspector under the direction of the commissioner
of public
23works of all plumbing and draining work and water and sewer connections
, hereafter
24done or made in any building in the city, and unless the
same work and connections 25are done or made according to rules of
the commissioner of public works, and
1approved by the commissioner
of public works, no connection of the premises with
2the city sewerage or water supply
shall be allowed
may be made.
AB710, s. 201
3Section
201. 66.071 (2) of the statutes is renumbered 62.69 (3) and amended
4to read:
AB710,159,75
62.69
(3) Utility directors. (a)
The term In this subsection, "electric plant"
6as used in this section shall mean means a plant for the production, transmission,
7delivery and furnishing of electric light, heat or power directly to the public.
AB710,159,178
(b) If the city
shall have determined decides to acquire an electric plant or any
9other public utility in accordance with the provisions of this section, the mayor
of
10such city, prior to the city taking possession of
such the property, shall appoint,
11subject to the confirmation of the council, 7 persons of recognized business
12experience and standing to act as the board of directors for
such the utility. Two
of
13such persons shall be appointed for a term of 2 years, 2 for a term of 4 years, 2 for a
14term of 6 years, and one for a term of 8 years.
Thereafter successors Successors shall
15be appointed
in like manner for terms of 10 years each.
Any such A director may be
16removed by the mayor with the approval of the council for misconduct in office or for
17unreasonable absence from meetings of the directors.
AB710,160,318
(c)
The Utility directors
so appointed shall have power to may: employ a
19manager experienced in the management of electric plants or other
like public
20utilities
and, fix his or her compensation and the other terms and conditions of
21employment and
to remove him or her at pleasure, subject to the terms and
22conditions of his or her employment; advise and consult with the manager and other
23employes as to any matter pertaining to maintenance, operation or extension of
such 24the utility; and perform
such other duties as ordinarily devolve upon a board of
25directors of a corporation organized under ch. 180 not inconsistent with this section
1and the laws governing 1st class cities. No money
shall may be raised or authorized
2to be raised by
said the board of directors other than from revenues derived from the
3operation of the utility, except by action of the council.
AB710,160,104
(d) The manager appointed by the board of directors
shall have complete
5management and control of may manage and control the utility, subject to the powers
6herein conferred upon the board of directors and the council
under this subsection 7and
shall have power to may appoint assistants and all other employes which the
8manager
deems considers necessary and fix their compensation and other terms and
9conditions of employment, except that the board of directors may prescribe rules for
10determining the fitness of persons for positions and employment.
AB710,160,1311
(e) The council shall fix the compensation, if any, of members of the board of
12directors and
shall have the powers herein conferred upon it and such has other
13powers
as it
now possesses with reference to electric plants and other public utilities.
AB710, s. 202
14Section
202
. 66.0711 (1) of the statutes is created to read:
AB710,160,1515
66.0711
(1) In this section:
AB710,160,1616
(a) "Local governmental unit" has the meaning given in s. 66.0713 (1) (c).
AB710,160,1717
(b) "Public improvement" has the meaning given in s. 66.0713 (1) (d).
AB710, s. 203
18Section
203. 66.0713 (10) (title) of the statutes is created to read:
AB710,160,1919
66.0713
(10) (title)
Legality of proceedings; conclusive evidence.
AB710, s. 204
20Section
204
. 66.0715 (title) of the statutes is created to read:
AB710,160,22
2166.0715 (title)
Deferral of special assessments; payment of special
22assessments in instalments.
AB710, s. 205
23Section
205
. 66.0715 (1) of the statutes is created to read:
AB710,160,2424
66.0715
(1) Definitions. In this section:
AB710,160,2525
(a) "Governing body" has the meaning given in s. 66.0713 (1) (b).
AB710,161,1
1(b) "Local governmental unit" has the meaning given in s. 66.0713 (1) (c).
AB710,161,22
(c) "Public improvement" has the meaning given in s. 66.0713 (1) (d).
AB710, s. 206
3Section
206
. 66.0719 (1) of the statutes is created to read:
AB710,161,44
66.0719
(1) In this section:
AB710,161,55
(a) "Local governmental unit" has the meaning given in s. 66.0713 (1) (c).
AB710,161,66
(b) "Public improvement" has the meaning given in s. 66.0713 (1) (d).
AB710, s. 207
7Section
207. 66.072 of the statutes is renumbered 66.0827, and 66.0827 (2) to
8(4), (5) (a) and (b) and (6), as renumbered, are amended to read:
AB710,161,129
66.0827
(2) The fund of each
utility district shall be provided by taxation of the
10property in
such the district, upon an annual estimate by the department in charge
11of public works in cities and villages, and by the town chairperson in towns, filed by
12October 1. Separate account shall be kept of each district fund.
AB710,161,16
13(3) In towns a majority vote and in villages and cities a three-fourths vote of
14all the members of the governing body
shall be is required to
thus establish
utility
15districts and by a like vote districts may be vacated, altered, or consolidated, vacate,
16alter or consolidate a utility district.
AB710,161,20
17(4) Before the vote is effective to establish, vacate, alter or consolidate
a utility
18district, a hearing shall be held as provided in s.
66.60 (7) 66.0703 (7) (a). In towns
19the notice may be given by posting in 3 public places in
said the town, one of which
20shall be in the proposed district, at least 2 weeks prior to
such the hearing.
AB710,161,25
21(5) (a)
When any If a town board establishes a utility district under this section
22the board may
also, if a town sanitary district is in existence for the town, dissolve
23said the sanitary district
in which case. If the sanitary district is dissolved, all assets,
24liabilities and functions of the sanitary district shall be taken over by the utility
25district.
AB710,162,3
1(b) All functions performed by a sanitary district and assumed by a utility
2district under this subsection
shall remain subject to regulation by the public service
3commission as if no transfer had occurred.