1999 Wisconsin Act 150

150,194 Section 194 . 66.0709 (1) of the statutes is created to read:

66.0709 (1) In this section:

(a) "Local governmental unit" has the meaning given in s. 66.0713 (1) (c).

(b) "Public improvement" has the meaning given in s. 66.0713 (1) (d).

150,195 Section 195. 66.071 (title) of the statutes is renumbered 62.69 (title).

150,196 Section 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 of the statutes is repealed.

Note: The repealed provision is restated as s. 62.69 (1).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.

150,197 Section 197. 66.071 (1) (title) of the statutes is renumbered 62.69 (2) (title).

150,198 Section 198. 66.071 (1) (a) of the statutes is renumbered 62.69 (2) (c) and amended to read:

62.69 (2) (c) Water rates shall be collected in the manner and by any one whom the common council may from time to time determine determines, and shall be accounted for and paid to such the other officials in such the manner and at such the times as that the council may from time to time prescribe. Such persons prescribes. Persons collecting water rates shall give a bond to cover all the duties in such an amount as may be prescribed by the council. Final accounting shall be made to the comptroller and final disposition of money shall be made to the city treasurer.

150,199 Section 199 . 66.071 (1) (b) of the statutes is renumbered 62.69 (2) (a) and amended to read:

62.69 (2) (a) The words In this subsection, "commissioner of public works" in sub. (1) shall be construed to mean and have reference to includes any board of public works, or commissioner of public works, or other officer of any the city having control of the city's public works therein, and all acts authorized to be done by such commissioner except for the enforcement of regulations approved by the council shall require the approval of the council before they shall have any force or effect.

150,200 Section 200. 66.071 (1) (c) to (j) of the statutes are renumbered 62.69 (2) (d) to (L), and 62.69 (2) (e), (f), (g) 2. (intro.) and a., (h) and (k), as renumbered, are amended to read:

62.69 (2) (e) Water rates shall be are due and payable upon such date or dates as the common council may provide by regulation provides. To all water rates remaining unpaid 20 days thereafter after the due date, there shall be added a penalty of 5 per cent 5% of the amount of such rates due, and if such the rates shall remain unpaid for 10 days thereafter additional days, water may be turned off the premises, subject to the payment of such delinquent rates, and in such cases where. If the supply of water is turned off as above provided, water shall may not be again turned on to said the premises until all delinquent rates and penalties, and a sum not exceeding $2 as provided for by regulation for turning the water off and on, shall have been are paid. The same penalty and charge may be made when payment is made to a collector sent to the premises. On or before each day when such the date on which rates become due and payable as aforesaid, a written or printed notice or bill shall be mailed or personally delivered to the occupant or, upon written request, to the owner wherever the at the location the owner shall state states, of all premises subject to the payment of water rates, stating the amount due, the time when and the place where such the rates can be paid, and the penalty for neglect of payment.

(f) All water rates for water furnished to any building or premises, and the cost of repairing meters, service pipes, stops or stop boxes, shall be are a lien on the lot, part of lot or parcel of land on which such the building or premises shall be situated is located. If any water rates or bills for the repairing of meters, service pipes, stops or stop boxes remain unpaid on the first day of October , in any year 1, the same unpaid rates or bills shall be certified to the city comptroller of such city on or before the first day of November next following 1, and shall be placed by the comptroller upon the tax roll and collected in the same manner as other taxes on real estate are collected in said the city. The charge for water supplied by the city in all premises where meters are attached and connected, shall be at rates fixed by the commissioner of public works and for the quantity indicated by the meter. If in any case, the commissioner of public works shall determine determines that the quantity indicated by the meter is materially incorrect or if a meter has been off temporarily on account of due to repairs, the commissioner of public works shall determine in the best manner in the commissioner's power estimate the quantity used, and such determination shall be the determination is conclusive. No water rate or rates duly assessed against any property shall may be thereafter remitted or changed except by the common council of such city. Under this paragraph, if an unpaid charge or bill is for utility service furnished and metered by the waterworks directly to a mobile home unit in a licensed mobile home park, the delinquent amount shall become is a lien on the mobile home unit rather than a lien on the parcel of real estate on which the mobile home unit is located. A lien on a mobile home unit may be enforced using the procedures under s. 779.48 (2).

(g) 2. (intro.) If this paragraph applies, the commissioner of public works may use par. (e) (f) to collect unpaid charges and bills incurred after the owner of a rental dwelling unit has provided the commissioner of public works with written notice under subd. 1. only if the commissioner of public works complies with at least one of the following:

a. In order to comply with this subd. 2. a., the commissioner of public works shall send bills for water service to a customer who is a tenant in the tenant's own name. Each time that a commissioner of public works notifies a customer who is a tenant that charges for water service provided by the waterworks to the customer are past due for more than one billing cycle, the commissioner of public works shall also serve a copy of the notice on the owner of the rental dwelling unit in the manner provided in s. 801.14 (2). If a customer who is a tenant vacates his or her rental dwelling unit, and the owner of the rental dwelling unit provides the commissioner of public works, no later than 21 days after the date on which the tenant vacates the rental dwelling unit, with a sworn affidavit that contains a forwarding address for the tenant, the date that the tenant vacated the rental dwelling unit and a meter reading reflecting the service for which the tenant is responsible, the commissioner of public works shall continue to send past-due notices to the customer at his or her forwarding address until the past-due charges are paid or until the past-due charges have been certified to the comptroller under par. (e) (f).

(h) The city commissioner of public works of a city may issue a permit to the county in which it the city is located, to any national home for disabled soldiers, or to any other applicant to obtain water from the city's water system for use outside of the limits of the city; and for that purpose to connect any pipe that is laid outside of the city limits with water pipe in the city. No permit may be issued until the applicant files with the commissioner of public works a bond in such the sum and with such the surety as that the commissioner shall approve, conditioned approves on the condition: that the applicant will obey the rules and regulations prescribed by the commissioner of public works for the use of the water; that the applicant will pay all charges fixed by the commissioner for the use of the water as measured by a meter to be approved by the commissioner, which charges shall include including the proportionate cost of fluoridating the water and, except as to water furnished directly to county or other municipal properties, shall which may not be less than one-quarter more than those charged to the inhabitants of the city for like use of water; that the applicant will pay to the city a water pipe assessment if the property to be supplied with water has frontage on any thoroughfare forming the city boundary line in which a water main has been or shall be laid, and at the rate prescribed by the commissioner of public works; if the property to be supplied does not front on a city boundary but is distant therefrom from a boundary, that a main pipe of the same size, class and standard as terminates at the city boundary shall be extended, and the entire cost shall be paid by the applicant for the extension; that the water main shall be laid according to city specifications and under city inspection; that the water main and appliances shall become the absolute property of the city, without any compensation therefor, whenever for the main or appliances, if the property supplied with water by the extension or any part thereof shall be of the property is annexed to or in any manner become becomes a part of the city; and that the applicant will pay to the city all damages whatever that it may sustain sustains, arising in any way out of the manner in which the connection is made or water supply is used. In case of granting a permit to any a county or to any a national home for disabled soldiers, the commissioner of public works may waive the giving of a bond. Every permit shall be issued upon the understanding that the city shall in no event ever be is not liable for any damage in case of failure to supply water by reason of any condition beyond its control.

(k) The commissioner of public works may also make rules and regulations for the proper ventilating and trapping of all drains, soil pipes and fixtures hereafter constructed to connect with or be used in connection with the sewerage or water supply of the city. The common council may provide by ordinance for the enforcement of such the rules and regulations, and may prescribe proper including penalties and punishment for disobedience of the same. The commissioner of public works may also make rules to regulate the use of vent, soil, drain, sewer or water pipes in all buildings in said the city, which hereafter shall be proposed to be connected with the city water supply or sewerage, specifying the dimensions, strength and material of which the same shall be made, and. The commissioner may prohibit the introduction into any building of any style of water fixture, tap or connection, the use of which shall have been determined to be dangerous to health or for any reason unfit to be used, and the. The commissioner of public works shall require a rigid inspection by a skilled and competent inspector under the direction of the commissioner of public works of all plumbing and draining work and water and sewer connections, hereafter done or made in any building in the city, and unless the same work and connections are done or made according to rules of the commissioner of public works, and approved by the commissioner of public works, no connection of the premises with the city sewerage or water supply shall be allowed may be made.

150,201 Section 201. 66.071 (2) of the statutes is renumbered 62.69 (3) and amended to read:

62.69 (3) Utility directors. (a) The term In this subsection, "electric plant" as used in this section shall mean means a plant for the production, transmission, delivery and furnishing of electric light, heat or power directly to the public.

(b) If the city shall have determined decides to acquire an electric plant or any other public utility in accordance with the provisions of this section, the mayor of such city, prior to the city taking possession of such the property, shall appoint, subject to the confirmation of the council, 7 persons of recognized business experience and standing to act as the board of directors for such the utility. Two of such persons shall be appointed for a term of 2 years, 2 for a term of 4 years, 2 for a term of 6 years, and one for a term of 8 years. Thereafter successors Successors shall be appointed in like manner for terms of 10 years each. Any such A director may be removed by the mayor with the approval of the council for misconduct in office or for unreasonable absence from meetings of the directors.

(c) The Utility directors so appointed shall have power to may: employ a manager experienced in the management of electric plants or other like public utilities and, fix his or her compensation and the other terms and conditions of employment and to remove him or her at pleasure, subject to the terms and conditions of his or her employment; advise and consult with the manager and other employes as to any matter pertaining to maintenance, operation or extension of such the utility; and perform such other duties as ordinarily devolve upon a board of directors of a corporation organized under ch. 180 not inconsistent with this section and the laws governing 1st class cities. No money shall may be raised or authorized to be raised by said the board of directors other than from revenues derived from the operation of the utility, except by action of the council.

(d) The manager appointed by the board of directors shall have complete management and control of may manage and control the utility, subject to the powers herein conferred upon the board of directors and the council under this subsection and shall have power to may appoint assistants and all other employes which the manager deems considers necessary and fix their compensation and other terms and conditions of employment, except that the board of directors may prescribe rules for determining the fitness of persons for positions and employment.

(e) The council shall fix the compensation, if any, of members of the board of directors and shall have the powers herein conferred upon it and such has other powers as it now possesses with reference to electric plants and other public utilities.

150,202 Section 202 . 66.0711 (1) of the statutes is created to read:

66.0711 (1) In this section:

(a) "Local governmental unit" has the meaning given in s. 66.0713 (1) (c).

(b) "Public improvement" has the meaning given in s. 66.0713 (1) (d).

150,203 Section 203. 66.0713 (10) (title) of the statutes is created to read:

66.0713 (10) (title) Legality of proceedings; conclusive evidence.

150,204 Section 204 . 66.0715 (title) of the statutes is created to read:

66.0715 (title) Deferral of special assessments; payment of special assessments in instalments.

150,205 Section 205 . 66.0715 (1) of the statutes is created to read:

66.0715 (1) Definitions. In this section:

(a) "Governing body" has the meaning given in s. 66.0713 (1) (b).

(b) "Local governmental unit" has the meaning given in s. 66.0713 (1) (c).

(c) "Public improvement" has the meaning given in s. 66.0713 (1) (d).

150,206 Section 206 . 66.0719 (1) of the statutes is created to read:

66.0719 (1) In this section:

(a) "Local governmental unit" has the meaning given in s. 66.0713 (1) (c).

(b) "Public improvement" has the meaning given in s. 66.0713 (1) (d).

150,207 Section 207. 66.072 of the statutes is renumbered 66.0827, and 66.0827 (2) to (4), (5) (a) and (b) and (6), as renumbered, are amended to read:

66.0827 (2) The fund of each utility district shall be provided by taxation of the property in such the district, upon an annual estimate by the department in charge of public works in cities and villages, and by the town chairperson in towns, filed by October 1. Separate account shall be kept of each district fund.

(3) In towns a majority vote and in villages and cities a three-fourths vote of all the members of the governing body shall be is required to thus establish utility districts and by a like vote districts may be vacated, altered, or consolidated, vacate, alter or consolidate a utility district.

(4) Before the vote is effective to establish, vacate, alter or consolidate a utility district, a hearing shall be held as provided in s. 66.60 (7) 66.0703 (7) (a). In towns the notice may be given by posting in 3 public places in said the town, one of which shall be in the proposed district, at least 2 weeks prior to such the hearing.

(5) (a) When any If a town board establishes a utility district under this section the board may also, if a town sanitary district is in existence for the town, dissolve said the sanitary district in which case. If the sanitary district is dissolved, all assets, liabilities and functions of the sanitary district shall be taken over by the utility district.

(b) All functions performed by a sanitary district and assumed by a utility district under this subsection shall remain subject to regulation by the public service commission as if no transfer had occurred.

(6) Whenever If a municipality, within which a utility district is located, is consolidated with another municipality which provides the same or similar services for which the district was established, but on a municipality-wide basis rather than on a utility district basis as provided in this section, the fund of the utility district shall become becomes part of the general fund of the consolidated municipality; thereupon said and the utility district shall be abolished terminates. This section shall also apply applies to consolidations completed prior to, on and after June 30, 1965.

150,208 Section 208 . 66.0721 (title) of the statutes is created to read:

66.0721 (title) Special assessments on certain farmland for construction of sewerage or water system.

150,209 Section 209 . 66.0727 (4) of the statutes is created to read:

66.0727 (4) This section does not preclude a city, village or town from using any other lawful method to compel a railroad corporation to pay its proportionate share of a street, alley or public highway improvement.

Note: Restates s. 66.699, which is repealed by Section 561.

150,210 Section 210 . 66.0729 (6) of the statutes is created to read:

66.0729 (6) This section does not preclude a city, village or town from using any other lawful method to compel a railroad corporation to pay its proportionate share of a street, alley or public highway improvement.

Note: Restates s. 66.699, which is repealed by Section 561.

150,211 Section 211. 66.073 of the statutes is renumbered 66.0825, and 66.0825 (2), (3) (f), (g) and (h), (4) (a), (5) (b), (c), (e), (f) and (i), (6) (intro.), (a), (f), (g), (h) and (o), (7), (8) (a) 3. and 4., (b) and (c), (9), (10), (11), (12), (13) (intro.), (b), (d), (e), (g), (j), (k), (L), (m), (n) and (o), (14), (15), (16) (b), (17) and (18), as renumbered, are amended to read:

66.0825 (2) Finding and declaration of necessity. It is declared that the operation of electric utility systems by municipalities of this state and the improvement of the systems through joint action in the fields of the generation, transmission and distribution of electric power and energy is are in the public interest; that there is a need in order to ensure the stability and continued viability of the municipal systems to provide for a means by which municipalities which operate the systems may act jointly in all ways possible, including development of coordinated bulk power and fuel supply programs and efficient, community-based energy systems; and that, the necessity in the public interest for the provisions hereinafter enacted in this section is declared as a matter of legislative determination.

(3) (f) "Person" means a natural person, a public agency, cooperative or private corporation, limited liability company, association, firm, partnership, or business trust of any nature whatsoever, organized and existing under the laws of any state or of the United States.

(g) "Project" means any plant, works, system, facilities, and real and personal property of any nature whatsoever, together with all parts thereof, and appurtenances thereto, used or useful in the generation, production, transmission, distribution, purchase, sale, exchange, or interchange of electric power and energy, or any interest therein or right to capacity thereof and the acquisition of fuel of any kind for any such these purposes, including, but not limited to,: the acquisition of fuel deposits and the acquisition or construction and operation of facilities for extracting fuel from natural deposits, for converting it for use in another form, for burning it in place, for transportation, storage and reprocessing or for any energy conservation measure which involves public education or the actual fitting and application of a device.

(h) "Public agency" means any municipality or other municipal corporation, political subdivision, governmental unit, or public corporation created under the laws of this state or of another state or of the United States, and any state or the United States, and any person, board, or other body declared by the laws of any state or the United States to be a department, agency or instrumentality thereof of the state or the United States.

(4) (a) Any combination of municipalities of the state which operate operates facilities for the generation or, transmission or distribution of electric power and energy may, by contract with each other, establish a separate governmental entity to be known as a municipal electric company to be used by such the contracting municipalities to effect joint development of electric energy resources or production, distribution and transmission of electric power and energy in whole or in part for the benefit of the contracting municipalities. The municipalities party to the contract may amend the contract as provided therein in the contract.

(5) (b) The establishment and organization of a governing body of the company which shall be a board of directors in which all powers of the company are vested. The contract may provide for the creation by the board of an executive committee of the board to which the powers and duties may be delegated as the board shall specify specifies.

(c) The number of directors, the manner of their appointment, terms of office and compensation, if any, and the procedure for filling vacancies on the board. Each contracting municipality shall have the power to may appoint one member to the board of directors and shall be entitled to may remove that member at will.

(e) The voting requirements for action by the board; but, unless. Unless specifically provided otherwise, a majority of directors shall constitute constitutes a quorum and a majority of the quorum shall be is necessary for any action taken by the board.

(f) The duties of the board which shall include the obligation to comply or to cause compliance with this section and the laws of the state and in addition, with each and every term, provision and covenant in the contract creating the company on its part to be kept or performed.

(i) The term of the contract, which may be a definite period or until rescinded or terminated, and the method, if any, by which the contract may be rescinded or terminated, but that the. The contract may not be rescinded or terminated so long as while the company has bonds outstanding, unless provision for full payment of such the bonds, by escrow or otherwise, has been made pursuant to the terms of the bonds or the resolution, trust indenture or security instrument securing the bonds.

(6) Powers. (intro.) The general powers of an electric company shall include the power to:

(a) Plan, develop, acquire, construct, reconstruct, operate, manage, dispose of, participate in, maintain, repair, extend or improve one or more projects within or outside the state and act as agent, or designate one or more other persons participating in a project to act as its agent, in connection with the planning, acquisition, construction, operation, maintenance, repair, extension or improvement of such the project.

(f) Contract with any person or public agency within or outside the state, for the construction of any project or for the sale or transmission of electric power and energy generated by any project, or for any interest therein in a project or any right to capacity thereof of a project, on such the terms and for such the period of time as that its board of directors shall determine determines.

(g) Purchase, sell, exchange, transmit or distribute electric power and energy within and outside the state in such the amounts as it shall determine to be necessary and appropriate to make the most effective use of its powers and to meet its responsibilities, and to enter into agreements with any person or public agency with respect to such the purchase, sale, exchange, or transmission, on such the terms and for such the period of time as that its board of directors shall determine determines. A company may not sell power and energy at retail unless requested to do so by a municipal member within the service area of that municipal member.

(h) Acquire, own, hold, use, lease as lessor or lessee, sell or otherwise dispose of, mortgage, pledge, or grant a security interest in any real or personal property, commodity or service or interest therein in any real or personal property, commodity or service, subject to s. 182.017 (7).

(o) Notwithstanding the provisions of any other law, invest any funds held in reserve or sinking funds, or any funds not required for immediate disbursement, including the proceeds from the sale of any bonds, in such obligations, securities and other investments as that the company deems proper.

(7) Public character. An electric company established by contract under this section shall constitute constitutes a political subdivision and body public and corporate of the state, exercising public powers, separate from the contracting municipalities. It shall have has the duties, privileges, immunities, rights, liabilities and disabilities of a public body politic and corporate but shall does not have taxing power.

(8) (a) 3. Purchase agreements entered into under subd. 2. may, in addition to the provisions authorized under subd. 2., contain other terms and conditions that the company and the purchasers determine, including provisions whereby obligating the purchaser is obligated to pay for power irrespective of whether energy is produced or delivered to the purchaser or whether any project contemplated by any such agreement under subd. 2. is completed, operable or operating, and notwithstanding suspension, interruption, interference, reduction or curtailment of the output of such the project.

4. Purchase agreements entered into under subd. 2. may be for a term covering the life of a project or for any other term, or for an indefinite period. The contract created under sub. (5) or a purchase agreement may provide that if one or more of the purchasers defaults in the payment of its obligations under a purchase agreement, the remaining purchasers which also have purchase agreements shall be required to accept and pay for and shall be are entitled proportionately to use or otherwise dispose of the power and energy to be purchased by the defaulting purchaser.

(b) The obligations of a municipality under a purchase agreement with a company or arising out of the default by any other purchaser with respect to such an a purchase agreement shall not be construed to constitute are not debt of the municipality. To the extent provided in the purchase agreement, such the obligations shall constitute special obligations of the municipality, payable solely from the revenues and other moneys derived by the municipality from its municipal electric utility and shall be treated as expenses of operating a municipal electric utility.

(c) The contract also may provide for payments in the form of contributions to defray the cost of any purpose set forth in the contract and as advances for any such purpose in the contract subject to repayment by the company.

(9) Sale of excess capacity. (a) An electric company may sell or exchange, to any other person or public agency, excess power and energy produced or owned by it not required by any of the contracting municipalities for such the consideration and for such, period and upon such terms and conditions as it may determine to any other person or public agency that it determines.

(b) Notwithstanding any other provision of this section or any other statute, nothing shall prohibit prohibits a company from undertaking any project in conjunction with or owning any project jointly with any person or public agency.

(10) Regulation. An electric company created under this section shall be deemed to be is a "public utility" for purposes of ch. 196, except that the terms and conditions and the rates at which a company sells power and energy for resale shall not be are not subject to regulation or alteration by the public service commission.

(11) Types of bonds. (a) An electric company may issue such types of bonds as it may determine it determines, subject only to any agreement with the holders of particular bonds, including bonds as to which the principal and interest are payable exclusively from all or a portion of the revenues from one or more projects, or from one or more revenue producing contracts made by the company with any person or public agency, or from its revenues generally, or which may be additionally secured by a pledge of any grant, subsidy, or contribution from any public agency or other person, or a pledge of any income or revenues, funds, or moneys of the company from any source whatsoever.

(b) A company may from time to time issue its bonds in such principal amounts as that the company deems necessary to provide sufficient funds to carry out any of its corporate purposes and powers, including the establishment or increase of reserves, interest accrued during construction of a project and for a period not exceeding one year after the completion of construction of a project, and the payment of all other costs or expenses of the company incident to and necessary or convenient to carry out its corporate purposes and powers.

(c) Neither the members of the board of directors of a company nor any person executing the bonds shall be is liable personally on the bonds by reason of the issuance thereof of the bonds.

(d) The bonds of an electric company (, and such the bonds shall so state on their face) shall, are not be a debt of the municipalities which are parties to the contract creating the company or of the state and neither the state nor any such municipality shall be is liable thereon on the bonds nor in any event shall such are the bonds be payable out of any funds or properties other than those of the company.

(12) Form and sale of bonds. (a) Bonds of an electric company shall be authorized by resolution of the board of directors and may be issued under such the resolution or under a trust indenture or other security instrument in one or more series and shall bear such date or the dates, mature at such time or the times, bear interest at such rate or the rates, be in such denomination or the denominations, be in the form of coupon bonds or registered bonds under s. 67.09, have such the rank or priority, be executed in such the manner, be payable in such the medium of payment, at such place or the places, and be subject to such the terms of redemption, with or without premium, as such that the resolution, trust indenture or other security instrument may provide provides, and without limitation by the provisions of any other law limiting amounts, maturities or interest rates.

(b) The bonds may be sold at public or private sale as the company may provide provides and at such price or the prices as that the company shall determine determines.

(c) In case any of the officers whose signatures appear on any bonds or coupons shall cease If an officer whose signature appears on a bond or coupon ceases to be such officers an officer before the delivery of such obligations, such signatures shall, nevertheless, be the obligation, the signature is valid and sufficient for all purposes, the same as if the officers officer had remained in office until such delivery.