Annually on or before September 1, the commission shall adopt a capital budget for the benefit of the district, setting forth the anticipated revenues and expenditures for the ensuing fiscal year.
(2) Capital transfers.
During the budget year the commission may, with the concurrence of two-thirds of its members, transfer amounts from one capital account to another if it finds that the funds are not necessary to meet outstanding obligations payable from the account. Nothing in this subsection impairs, or authorizes the commission to impair, any contractual obligation entered into by the commission or the district.
History: 1981 c. 282
; 1999 a. 150
; Stats. 1999 s. 200.53.
The district may borrow money and issue and execute bonds, notes and other forms of indebtedness and may enter into agreements to secure its indebtedness in the manner specified in subs. (1)
The district may issue bonds, notes or certificates for the purposes provided in s. 66.0621
. Except as provided in pars. (b)
, the procedure for issuance of these bonds, notes or certificates is as specified in s. 66.0621
The commission has the powers and duties specified for a board or council in s. 66.0621
. The district has the powers and duties specified for a municipality in s. 66.0621
. If s. 66.0621
specifies that a board, council or municipality shall act by ordinance, the commission shall act by resolution.
District bonds issued under s. 66.0621 (4) (a)
shall be executed by the chairperson and secretary of the commission rather than by a chief executive and clerk.
Serially, commencing not later than 3 years from the date of issue;
In a specified term of years, if a sinking fund is created to pay the principal of these term bonds; or
A sinking fund created under subd. 1. b.
shall provide for the retirement of the term bonds beginning not later than 3 years from the date of issue, or for deposit of money in the sinking fund, beginning not later than 3 years from the date of issue, to pay the principal of the term bonds at maturity.
Notwithstanding s. 66.0621 (4) (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.
The commission may fix the proportion of revenues needed for operation and maintenance of the sewerage system and the proportion of revenues to be set aside as a depreciation fund.
The commission shall by resolution determine the proportion of revenues to be set aside for payment of principal and interest on the bonds as accurately as possible in advance. The commission may recompute the proportion of revenues set aside under this paragraph at any time, subject to the contract rights vested in holders of revenue obligations secured by the revenues.
Deeds or mortgages that secure principal and interest of bonds under s. 66.0621
shall be executed by the commission chairperson and secretary rather than by a chief executive and clerk.
Notwithstanding any contrary provision of s. 66.0621
, the district may issue bond anticipation notes under s. 66.0621 (4) (L)
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. 66.0621 (4) (L)
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.
User charges and service charges established by the commission under sub. (5)
or s. 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. 66.0621
shall be presumed reasonable in any review of the charges by the public service commission under s. 200.59 (5)
(1m) Investment of funds.
Notwithstanding any of the limits or restrictions in ss. 66.0621 (4) (d)
, 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. 66.0603 (1m)
(2) General obligation bonds.
The commission may issue bonds or notes of the district for the purposes and in the manner provided in ch. 67
. The purposes for which the commission may issue bonds or notes shall be construed to include financing the cost of planning and designing any part of the sewerage system and the cost of issuing the bonds or notes. Notwithstanding s. 67.08 (2)
, the commission may sell bonds or notes of the district issued under ch. 67
at public or private sale. If the commission authorizes the private sale of bonds or notes, the commission shall specify in its minutes the reasons for its decision to authorize private rather than public sale.
(3) Marketing revenue bonds.
To enhance the marketability of district bonds or notes issued under s. 66.0621
, the commission may:
Pledge to the issue unencumbered amounts to be received by the district as service charges.
Establish in the district's treasury a fund in a determinable amount not exceeding the principal amount of the issue, to be built up and maintained until the issue is paid or utilized as otherwise provided in the resolution or ordinance establishing the fund. The commission shall designate a fund established under this paragraph as a debt service fund for the particular issue. Any surplus in the debt service fund upon its termination shall be transferred to the general fund of the district treasury. The source of the debt service fund shall be one or more appropriations from the general fund of the district treasury, a direct, irrepealable, annual, general tax, a sales tax or a borrowing under sub. (2)
. The unfunded portion of the debt service fund is a debt of the district and shall be included in determining its debt limit under article XI, section 3, of the constitution
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. 66.0621
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
If the commission authorizes the issuance of bonds under ch. 67
it may, prior to the issuance of the bonds and in anticipation of their sale, authorize by resolution an issue of bond anticipation notes of the district in an aggregate principal amount not in excess of the authorized principal amount of the bonds. The resolution shall be adopted by two-thirds of the members of the commission and shall state that all conditions precedent to the authorization of the bonds have been complied with and that the notes are issued for the purposes for which bonds are authorized to be issued. The resolution shall pledge to the payment of the principal of and interest on the notes the proceeds of the sale of the bonds in anticipation of the sale of which the notes were issued. The resolution may provide, in addition to or in place of the pledge of bond proceeds, for the levy of a direct, annual, irrepealable tax upon all of the taxable property of the district in an amount sufficient to pay the interest on the notes as the interest falls due and to pay and discharge the principal of the notes at maturity.
No note may be issued under this subsection unless the commission's treasurer first certifies to the commission that contracts with respect to improvements are to be let and that the proceeds of the notes are required for the payment of the contracts.
Notes issued under this subsection shall be sold at public or private sale as determined by the resolution authorizing issuance. Notes issued under this subsection shall mature within 3 years of the date of issuance and shall be executed in the same manner as are district bonds. If the commission authorizes the private sale of notes, the commission shall specify in its minutes the reasons for its decision to authorize private rather than public sale. The notes shall state on their face that they are issued on behalf of the district and that they are payable from proceeds of bonds issued under ch. 67
or from a tax upon all of the taxable property in the district. The notes are not a general obligation of the district, except to the extent that a tax has been levied under par. (a)
Any funds derived from the issuance and sale of bonds under ch. 67
and issued subsequent to the execution and sale of notes issued under this subsection shall constitute a trust fund, which shall be expended first for the payment of principal and interest of the notes and then may be expended for other purposes set forth in the resolution authorizing the bonds.
For service provided to any user, the commission may establish, assess and collect service charges under s. 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. 200.39
, the commission may establish, assess and collect service charges under s. 200.41
. Except as provided under s. 200.41 (2)
, any charge made by the district under this subsection is reviewable under s. 200.59 (5)
. The sewerage service charges established under s. 66.0821
or under this subsection with respect to capital costs for service to any user shall be uniform.
The commission may, as a complete or partial alternative to any other method of recovering capital costs, compute a schedule of charges based on capital costs to be recovered under this subsection from any user.
In making this computation, the commission may consider any improvement, addition or rehabilitation of any physical structure, including interceptor sewers and treatment plants, to be an improvement, addition or rehabilitation to the entire sewerage system.
Adopt a schedule of charges computed under this paragraph. The commission may modify the schedule as it deems necessary.
Submit the schedule of charges it adopts and each modification of the schedule to each municipality subject to the charges.
Bill periodically each municipality subject to the charges for the charges due under this subsection.
Charges for sewerage service shall, to the extent practicable, be proportionate to the costs of the sewerage system that the district may reasonably attribute to the user.
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. 66.0821
or of title II of the water pollution control act, 33 USC 1251
Each sanitary district organized under subch. IX of ch. 60
and each metropolitan sewerage district organized under 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 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. 66.0821
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. 200.39 (5)
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. 62.69 (2) (f)
. Charges taxed under this subdivision are a lien upon the property served, as provided in s. 62.69 (2) (f)
The commission may separately compute, on any reasonable basis, both capital and operating costs of providing sewerage service to any federal, state, county or municipal facility and may directly bill the federal government, the state, the county or the municipality.
The commission may levy a tax upon the taxable property in the district as equalized for state purposes:
To pay principal, interest and any premiums on bonds or notes issued by the district under sub. (2)
or under s. 67.12
To acquire, extend, plan, design, construct, add to or improve land, waters, property or facilities for sewerage purposes.
Within 10 days after receiving the equalized valuations from the department of revenue, the secretary of the commission shall file with the clerk of each city, town or village wholly or partially within the boundaries of the district a certified statement showing the amount of the district tax levy and the proportionate amount of the tax to be entered on the tax rolls for collection in each city, town or village. The proportionate amount shall be based on the ratio of full value of the taxable property of the part of the city, town or village located in the district to the full value of all taxable property in the district. Upon receiving the certified statement from the secretary of the commission, the clerk of each city, town or village shall enter the amount of the tax on the tax rolls of the area of the city, town or village included in the district for collection. This proportionate amount of the tax is not subject to any limitation on county, city, village or town taxes.
(6m) Tax stabilization fund.
The commission may establish a tax stabilization fund for any purpose authorized by this subchapter.
(7) Consideration of area debt marketing plans.
Prior to exercising its authority under this section, the commission shall consider the debt marketing plans of any municipality or any county located wholly or partially within the district's boundary that notifies the commission of its debt marketing plans.
A district's method of allocating capital costs based on property values was permissible under this section. City of Brookfield v. Public Service Commission, 186 Wis. 2d 129
, 519 N.W.2d 718
(Ct. App. 1994).
Minority financial advisers and investment firms. 200.57(1)(1)
In this section, "minority financial adviser" and "minority investment firm" mean a financial adviser and investment firm, respectively, certified by the department of commerce under s. 560.036 (2)
The commission shall attempt to ensure that 5% of the total funds expended for financial and investment analysis and for common stock and convertible bond brokerage commissions in each fiscal year is expended for the services of minority financial advisers or minority investment firms.
History: 1991 a. 39
; 1995 a. 27
, s. 9116 (5)
; 1999 a. 150
; Stats. 1999 s. 200.57.
User charges for sewer operation. 200.59(1)
Declaration of policy.
In the interpretation and application of this section, it is declared to be the policy of this state to authorize a district to institute a system of user charges which is designed to recover all or part of the operating costs to the extent required by federal or state law in order to obtain federal or state funding from a user of the sewerage system in the proportion to which the user's waste water discharge contributes to such costs. It is intended that the system be instituted to satisfy but not exceed eligibility requirements of public grants under Title II of the water pollution control act (33 USC 1251
et seq.) or under any other state or federal law and to satisfy but not exceed any other applicable state or federal law requiring such a system.
(2) Collection of charges as user fees.
A district may, as a complete or partial alternative to any other method of recovering operating costs:
Compute a uniform schedule of charges based on operating expenses to be recovered from users under this subsection.
Adopt the uniform schedule of charges computed under par. (a)
. The commission may modify the schedule periodically.
Submit the schedule adopted under par. (b)
and every modification to every municipality within the sewerage service area as early in every calendar year as practicable.
Bill periodically each municipality within the sewerage service area for the charges due under this subsection.
(3) Factors in charge schedules.
In computing a charge schedule under sub. (2) (a)
, the sewerage commission shall require each user to pay the proportion of total operating cost of the system incurred by the transmission and treatment of the user's wastewater. In determining such proportional costs, the sewerage commission shall consider such factors, without limitation because of enumeration, as strength, volume and delivery flow rate characteristics of each user's sewage.
(4) Collection of fees by municipalities.
Every sanitary district organized under subch. IX of ch. 60
or metropolitan sewerage district organized under 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 subch. I
. Every city, town and village billed by a district under sub. (2)
, by a sanitary district or metropolitan sewerage district organized under 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. 66.0821 (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. 200.59(5)(a)(a)
Except as provided under s. 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
. 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.
For purposes of this subsection, "user" includes a licensed disposer, as defined in s. 281.49 (1) (b)
, who disposes of septage in the district's facilities under a disposal plan under s. 281.49 (5)
and initiates under s. 281.49 (11) (d)
a review under par. (a)
of a disputed septage disposal fee by the public service commission.
If the public service commission determines in a proceeding under par. (a)
that a septage disposal fee is unreasonable, the public service commission shall determine and fix under par. (a)
a reasonable fee that conforms with s. 281.49 (5) (c) 4.
Notwithstanding the statutes referenced in par. (a)
governing a proceeding under par. (a)
, the public service commission shall allocate its assessment under s. 196.85 (1)
for any expense of the public service commission for a proceeding under par. (a)
that is initiated under s. 281.49 (11) (d)
as specified in s. 66.0821 (5) (e)
NOTE: 2005 Wis. Act 347
, which affected this section, contains extensive explanatory notes.
Judicial review of compliance schedules.
If a court-ordered schedule of compliance affecting the district is reviewed by a court, the court shall take into consideration the availability of state and federal grant funds used to comply with the schedule, the timely achievement of state and federal clean water goals and equity with the efforts of other cities, villages, towns, sanitary districts and metropolitan sewerage districts to comply with the requirements to achieve these goals. In its review the court shall determine what, if any, effect the availability of state and federal grant funds has on the compliance schedule.
History: 1981 c. 282
; 1999 a. 150
; Stats. 1999 s. 200.61.
Federal and state sewage law is discussed. Milwaukee v. Illinois, 451 U.S. 304
Nothing in ss. 200.21
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.
History: 1981 c. 282
; 1999 a. 150
; Stats. 1999 s. 200.63.
Validation of debt; liability for diverting funds. 200.65(1)(1)
No legislative, judicial or administrative determination that a district may not spend borrowed money or that a district has spent borrowed money for a purpose other than the stated purpose for which it was borrowed affects the validity of the obligation or the evidence of indebtedness therefor.
(2) Limitations on actions to contest debts. Section 893.77
applies to all borrowing by a district and to all evidences of indebtedness given therefor.
(3) Impairments of borrowed money funds. 200.65(3)(a)(a)
Any person participating in any impairment of or diversion from a borrowed money fund, debt service fund, special redemption fund, bond security or similar fund of the district is liable in an action brought by a party listed under par. (b)
for the cost of restoring the fund to its proper level.