AB710: Bill Text

AB710, s. 225 Section 225. 66.076 (8) of the statutes is renumbered 66.0821 (2) (b) and amended to read:

AB710,179,16 66.0821 (2) (b) The governing body of any a municipality, and the officials in charge of the management of the sewerage system as well as other officers of the municipality, shall be are governed in the discharge of their powers and duties under this section by s. 66.069 ss. 66.0809 to 66.0813 or 66.071 (1) (e), which are hereby made a part of this section so far as applicable and not inconsistent herewith 62.69 (2) (f), to the extent consistent with this section, or, in the case of a metropolitan sewerage district created under ss. 66.88 200.21 to 66.918 200.65, by ss. 66.91 200.55 and 66.912 200.59.

AB710, s. 226 Section 226. 66.076 (9) of the statutes is renumbered 66.0821 (5) (a) and amended to read:

AB710,180,14 66.0821 (5) (a) If any a user of a service complains to the public service commission that rates, rules and practices are unreasonable or unjustly discriminatory, or if a holder of a mortgage or revenue bond or mortgage certificate or other evidence of debt, secured by a mortgage on the sewerage system or any part thereof of the system or pledge of the income of sewerage service charges, complains that rates are inadequate, the public service commission shall investigate the complaint. If there appears to be sufficient cause for the complaint, the commission shall set the matter for a public hearing upon 10 days' notice to the complainant and the town, village or city. After the hearing, if the public service commission determines that the rates, rules or practices complained of are unreasonable or unjustly discriminatory, it shall determine and by order fix reasonable rates, rules and practices and shall may make such any other order respecting the complaint as may be that is just and reasonable, including, in the case of standby charges imposed under sub. (5) (b) (4) (c), an order that a municipality refund to the user any amount of the standby charges that have been collected if the user has filed a complaint with the public service commission not later than 60 days after receiving a notice of charge that relates to an increased standby charge. The proceedings under this subsection shall be paragraph are governed, as far as to the extent applicable, by ss. 196.26 to 196.40. The commission shall bill any expense of the commission attributable to a proceeding under this subsection paragraph to the town, village or city under s. 196.85 (1).

AB710, s. 227 Section 227. 66.076 (10) of the statutes is renumbered 66.0821 (5) (b) and amended to read:

AB710,180,19 66.0821 (5) (b) Judicial review of the a determination of the public service commission under par. (a) may be had by any person aggrieved in the manner prescribed in ch. 227.

AB710, s. 228 Section 228. 66.076 (11) of the statutes is renumbered 66.0821 (1) (b) and amended to read:

AB710,180,25 66.0821 (1) (b) The word "sewerage" as used in this section shall be considered "Sewerage" is a comprehensive term, including all constructions for collection, transportation, pumping, treatment and final disposition of sewage or storm water and surface water.

AB710, s. 229 Section 229. 66.076 (12) of the statutes is renumbered 66.0821 (7) and amended to read:

AB710,181,7 66.0821 (7) The authority hereby given shall be under this section is in addition to any power which municipalities now otherwise have with respect to sewerage or sewage disposal. Nothing in this section shall be construed as restricting or interfering with any powers and duties of the department of health and family services as prescribed by law.

AB710, s. 230 Section 230. 66.077 of the statutes is renumbered 66.0819 and amended to read:

AB710,181,18 66.0819 Combining water and sewer utilities. (1) Any A town, village, or city of the fourth class may construct, acquire, or lease, or extend and improve, a plant and equipment within or without its corporate limits for the furnishing of water to the municipality or to its inhabitants, and for the collection, treatment, and disposal of sewage, including the lateral, main and intercepting sewers, and all necessary equipment necessary in connection therewith. Such. The plant and equipment, whether the structures and equipment for the furnishing of water and for the disposal of sewage shall be are combined or separate, may by ordinance be constituted a single public utility.

AB710,182,2 (2) The provisions of this chapter and chs. 196 and 197 relating to a water system, including, but not limited to, those provisions relating to the regulation of a water system by the public service commission, shall apply to a consolidated water and sewage disposal system as a single public utility. In prescribing rates, accounting and engineering practices, extension rules, service standards or other regulations for a consolidated water and sewage disposal system, the public service commission shall treat the water system and the sewage disposal system separately, unless the commission finds that the public interest requires otherwise.

AB710,182,7 (3) Any A town, village or 4th class city which owns or acquires a water system and a plant or system for the treatment or disposal of sewage may by ordinance consolidate the systems into a single public utility. After the effective date of the ordinance the consolidated utility is subject to this section with the same force and effect as though originally acquired as a single public utility.

Note: Extends authority under the section to any city, not just 4th class cities.

AB710, s. 231 Section 231. 66.078 of the statutes is renumbered 66.0623 and amended to read:

AB710,183,2 66.0623 Refunding village, town, sanitary and inland lake district bonds. Any A village, town, town sanitary district established under s. 60.71 (1) or public inland lake protection and rehabilitation district established under ch. 33 which has undertaken to construct a combined sewer and water system and issued revenue bonds payable from the combined revenues of the system and which is unable to provide sufficient funds to complete the construction of the system and to meet maturing principal of the revenue bonds, may, with the consent of all of the holders of noncallable bonds, refund all or any part of its outstanding indebtedness, including revenue bonds, by issuing term bonds maturing in not more than 20 years, payable solely from the revenues of the combined sewer and water system and redeemable at par on any interest payment date. Such The bonds may be issued as provided in s. 66.066 66.0621 (2) and shall pledge income from hydrant rentals and all sewer and water charges and may contain any covenants authorized by law, except if bonds are issued under this section to refund floating indebtedness, the bonds shall be are subject to the prior lien and claim of all bonds issued to refund revenue bonds issued prior to the refunding.

AB710, s. 232 Section 232. 66.079 of the statutes is renumbered 66.0829 and amended to read:

AB710,183,22 66.0829 Parking systems. (1) Any A city, village or town without necessity of a referendum may purchase, acquire, rent from a lessor, construct, extend, add to, improve, conduct, operate or rent to a lessee a municipal parking system for the parking of vehicles, including parking lots and other parking facilities, upon its public streets or roads or public grounds and issue revenue bonds to acquire funds for any one or more of these purposes. The parking lots and other parking facilities may include space designed for leasing to private persons for purposes other than parking. The provisions of s. 66.066 66.0621 governing the issuance of revenue bonds apply, so far as to the extent applicable, to revenue bonds issued under this subsection. The municipal parking systems are public utilities under article XI, section 3, of the constitution. Revenue Principal and interest of revenue bonds issued under this subsection are payable solely, both principal and interest, from the revenues to be derived from the parking system, including without limitation revenues from parking meters or other parking facilities. Any revenue derived from any a facility financed by a revenue bond issued under this subsection shall may be used only to pay the principal and interest of that revenue bond, except that after the principal and interest of that revenue bond have been paid in full the revenue derived from the facility may be used for any purpose.

AB710,183,25 (2) Any municipality empowered to create part of a parking system under sub. (1) may finance and operate any part of such system be financed and operated in the following manner:

AB710,184,5 (a) The cost of constructing any parking system or facility, including the cost of the land, may be assessed against a benefited area, such the benefited area and assessments to be determined in the manner prescribed by either subch. II of ch. 32 or s. 66.60 66.0703, except that the number of annual instalments in which such the assessment is payable shall may not exceed 20.

AB710,184,11 (b) The cost of operating and maintaining any parking system or facility may be assessed not more than once in each calendar year against all property in a benefited area, such the area and such assessments to be determined in the manner prescribed by either subch. II of ch. 32 or by s. 66.60. Such 66.0703. The costs may include a payment in lieu of taxes, operating, maintenance and replacement costs, and interest on any unpaid capital cost.

AB710,184,14 (c) The governing body may, in determining the amount of the assessment under par. (a) or (b), credit any portion of the revenues from the parking system or facility.

AB710,184,16 (d) No assessment, as authorized in par. (a) or (b), shall may be made against any property used wholly for residential purposes.

AB710, s. 233 Section 233. 66.08 of the statutes is renumbered 66.0723 and amended to read:

AB710,185,2 66.0723 Utilities, special assessments. (1) Whenever any If a city, village or town shall construct or acquire constructs, extends or acquires by gift, purchase or otherwise a distribution system or a production or generating plant for the furnishing of light, heat or power to any municipality or its inhabitants or shall make any extensions thereto, such, the city, village or town may assess the whole or any part of the all or some of the cost thereof to the property benefited thereby, whether abutting or not, in the same manner as is provided for the assessment of benefits under s. 66.60 66.0703.

AB710,185,6 (2) Such special Special assessments under this section may be made payable and certificates or bonds issued under s. 66.54 66.0713. In a city, village or town where no official paper is published, notice may be given by posting the notice in 3 public places in the city, village or town.

AB710, s. 234 Section 234. Subchapter VIII (title) of chapter 66 [precedes 66.0801] of the statutes is created to read:

AB710,185,9 chapter 66

AB710,185,11 subchapter viii public utilities

AB710, s. 235 Section 235 . 66.0801 of the statutes is created to read:

AB710,185,13 66.0801 Definitions; effect on other authority. (1) In this subchapter:

AB710,185,15 (a) "Municipal public utility" means a public utility owned or operated by a city, village or town.

AB710,185,16 (b) "Public utility" has the meaning given in s. 196.01 (5).

AB710,185,19 (2) Sections 66.0803 to 66.0825 do not deprive the office of the commissioner of railroads, department of transportation or public service commission of any power under ss. 195.05 and 197.01 to 197.10 and ch. 196.

Note: Restates a portion of s. 66.06, repealed by this bill, and provides a definition of "municipal public utility" for purposes of the subchapter. The current provision stating that the phrase "resolution or ordinance", when used in specified sections, means ordinances only is deleted as unnecessary.

AB710, s. 236 Section 236 . 66.0805 (1) of the statutes is created to read:

AB710,186,5 66.0805 (1) Except as provided in sub. (6), the governing body of a city shall, and the governing body of a village or town may, provide for the nonpartisan management of a municipal public utility by creating a commission under this section. The board of commissioners, under the general control and supervision of the governing body, shall be responsible for the entire management of and shall supervise the operation of the utility. The governing body shall exercise general control and supervision of the commission by enacting ordinances governing the commission's operation. The board shall consist of 3, 5 or 7 commissioners.

Note: 1. Restates s. 66.068 (1), repealed by Section 180.

2. Provides that the "general control and supervision" of the utility commission by the municipal governing body is by means of ordinance governing the commission's operation. Previous law was silent on the issue.

AB710, s. 237 Section 237 . 66.0807 (1) of the statutes is created to read:

AB710,186,9 66.0807 (1) In this section, "privately owned public utility" includes a cooperative association organized under ch. 185 for the purpose of producing or furnishing utility service to its members only.

Note: By adding cooperatives to the definition of "privately owned public utility" (cooperatives are otherwise excluded from the definition of "public utility"; see ss. 196.01 (5) and 66.0801 (1) (b), the latter created by this bill), municipalities are authorized to enter into a joint operation agreement with a cooperative. See, also, Section 171 .

AB710, s. 238 Section 238. 66.081 of the statutes is repealed.

Note: Repeals an archaic provision of the statutes relating to the recording of orders and court certificates drawn on a municipal treasurer.

AB710, s. 239 Section 239. 66.0811 (title) of the statutes is created to read:

AB710,186,12 66.0811 (title) Municipal public utility revenues.

AB710, s. 240 Section 240. 66.0813 (title) of the statutes is created to read:

AB710,186,15 66.0813 (title) Provision of utility service outside of municipality by municipal public utility.

AB710, s. 241 Section 241. 66.082 of the statutes is renumbered 66.0419, and 66.0419 (2) (e) and (3) (c), as renumbered, are amended to read:

AB710,187,2 66.0419 (2) (e) "Franchise fee" means any fee, assessment or other compensation which a municipality requires a cable operator to pay, with respect to the operation of cable television systems, solely because of the cable operator's status as such, and includes any compensation required under s. 66.045 66.0425.

AB710,187,5 (3) (c) Require the payment of franchise fees which, notwithstanding s. 66.70 66.0611, may be based on the income or gross revenues of a cable television system, or measured by such income or gross revenues.

AB710, s. 242 Section 242. 66.0821 (1) (intro.) of the statutes is created to read:

AB710,187,7 66.0821 (1) Definitions. (intro.) In this section:

AB710, s. 243 Section 243. 66.0821 (2) (title) of the statutes is created to read:

AB710,187,9 66.0821 (2) (title) General authority.

AB710, s. 244 Section 244. 66.0821 (3) (title) of the statutes is created to read:

AB710,187,11 66.0821 (3) (title) Funding.

AB710, s. 245 Section 245 . 66.0821 (3) (a) of the statutes is created to read:

AB710,187,17 66.0821 (3) (a) Except as provided in s. 66.0721, all or a portion of the cost of exercising the authority under sub. (2) may be funded, to the extent applicable, from the municipality's general fund, by taxation, special assessment or sewerage service charges, by municipal obligations or revenue bonds or from any combination of these sources.

Note: Restates language deleted from current s. 66.076 (1) by Section 216 .

AB710, s. 246 Section 246. 66.0821 (4) (title) of the statutes is created to read:

AB710,187,19 66.0821 (4) (title) Service charges.

AB710, s. 247 Section 247. 66.0821 (5) (title) of the statutes is created to read:

AB710,187,21 66.0821 (5) (title) Unreasonable or discriminatory rates, rules and practices.

AB710, s. 248 Section 248. 66.0821 (6) (title) of the statutes is created to read:

AB710,187,23 66.0821 (6) (title) Foreclosure sale.

AB710, s. 249 Section 249. 66.0821 (7) (title) of the statutes is created to read:

AB710,188,1 66.0821 (7) (title) Relation to other authority.

AB710, s. 250 Section 250. 66.083 (title) of the statutes is renumbered 66.0423 (title).

AB710, s. 251 Section 251 . 66.083 of the statutes is renumbered 66.0423 (2) and amended to read:

AB710,188,8 66.0423 (2) Cities and villages, and towns not subject to an ordinance enacted under s. 59.55 (4), may, by ordinance, regulate the retail sales, other than auction sales, made by transient merchants, as defined in s. 130.065 (1m), 1987 stats., and provide penalties for violations of those ordinances.

Note: Authorizes a town that is not subject to a county ordinance regulating retail sales, other than auction sales, made by transient merchants to regulate these sales by its own ordinance. Also see the definitions in s. 66.0423 (1), Section 110.

AB710, s. 252 Section 252. 66.085 (title) and (1) of the statutes are renumbered 66.0421 (title) and (1), and 66.0421 (1) (a) and (b), as renumbered, are amended to read:

AB710,188,12 66.0421 (1) (a) "Cable operator" has the meaning given in s. 66.082 66.0419 (2) (b).

AB710,188,13 (b) "Cable service" has the meaning given in s. 66.082 66.0419 (2) (c).

AB710, s. 253 Section 253. 66.085 (2) of the statutes, as affected by 1999 Wisconsin Act 9, is renumbered 66.0421 (2).

AB710, s. 254 Section 254. 66.085 (3) and (4) of the statutes are renumbered 66.0421 (3) and (4), and 66.0421 (4), as renumbered, is amended to read:

AB710,188,20 66.0421 (4) Repair responsibility. A cable operator shall be is responsible for any repairs to a building required because of the construction, installation, disconnection or servicing of facilities to provide cable service.

AB710, s. 255 Section 255. 66.09 (title), (1), (2), (3) and (4) of the statutes are renumbered 66.0117 (title) and (2) to (5) and amended to read:

AB710,189,2 66.0117 (title) Judgment against municipalities, etc. local governmental units.

AB710,189,14 (2) (a) When If a final judgment for the payment of money shall be is recovered against a town, village, city, county, school district, technical college district, town sanitary district, public inland lake protection and rehabilitation district or community center local governmental unit, or against any an officer thereof, in any action by or against the officer in the officer's name of office of the local governmental unit, when the judgment should is to be paid by such municipality the local governmental unit, the judgment creditor, or the judgment creditor's assignee or attorney, may file a statement with the clerk of circuit court a certified transcript of the judgment, together with the judgment creditor's affidavit of payments made, if any, and the amount due and that the judgment has not been appealed from or removed to another court, or if so appealed or removed has been affirmed . The clerk of circuit court shall send a copy of the statement to the appropriate municipal clerk.

AB710,189,22 (b) The If a statement is filed under par. (a), the amount due, with costs and interest to the time when the money will be available for payment, shall be added to the next tax levy, and shall, when received, be paid to satisfy the judgment. If the judgment is appealed after filing the transcript with the clerk of circuit court, and before the tax is collected, the money shall not be collected on that levy. If the municipal clerk of circuit court fails to include the proper amount in the first tax levy, he or she shall include it or such the portion as is required to complete it in the next levy.

AB710,190,2 (3) In the case of school districts, town sanitary districts, or public inland lake protection and rehabilitation districts or community centers, transcript and affidavit a statement shall be filed with the clerk of the town, village or city in which the district or any part of it lies, and levy shall be made against the taxable property of the district or center.

AB710,190,6 (4) No process for the collection of such a judgment shall issue until after the time when the money, if collected upon the first tax levy as herein provided, would be under sub. (2) (b), is available for payment, and then only by leave of court upon motion.

AB710,190,10 (5) If by reason of dissolution or other cause, pending action, or after judgment, the transcript a statement cannot be filed with the clerk therein designated described in sub. (2) (a) or (3), it shall be filed with the clerk or clerks whose duty it is to make up the tax roll for the property liable.

AB710, s. 256 Section 256. Subchapter IX (title) of chapter 66 [precedes 66.0901] of the statutes is created to read:

AB710,190,13 Chapter 66

AB710,190,15 Subchapter IX public works and projects