66.058(3)(h)
(h) Each local governing body is empowered to enact an ordinance providing a forfeiture of up to $25 for the failure to comply with the reporting requirements of
par. (c) or
(e). Each failure to report shall be regarded as a separate offense.
66.058(3m)
(3m) Park operator reimbursement. A park operator who is required by municipal ordinance to collect the monthly parking permit fee from the mobile home owner may deduct, for administrative expenses, 2% of the monthly fees collected.
66.058(4)
(4) Application for license. Original application for mobile home park license shall be filed with the clerk of the licensing authority. Applications shall be in writing, signed by the applicant and shall contain the following:
66.058(4)(b)
(b) The location and legal description of the mobile home park.
66.058(5)
(5) Plans and specifications to be filed. Accompanying, and to be filed with an original application for a mobile home park, shall be plans and specifications which shall be in compliance with all applicable city, town or village ordinances and provisions of the department of health and family services. The clerk after approval of the application by the governing body and upon completion of the work according to the plans shall issue the license. A mobile housing development harboring only nondependent mobile homes as defined in
sub. (1) (f) shall not be required to provide a service building.
66.058(6)
(6) Renewal of license. Upon application by any licensee and after approval by the governing body of the city, town or village and upon payment of the annual license fee, the clerk of the city, town or village shall issue a certificate renewing the license for another year, unless sooner revoked. The application for renewal shall be in writing, signed by the applicant on forms furnished by the city, town or village.
66.058(7)
(7) Transfer of license; fee. Upon application for a transfer of license the clerk of the city, town or village after approval of the application by the governing body shall issue a transfer upon payment of the required $10 fee.
66.058(8)
(8) Distribution of fees. The municipality may retain 10% of the monthly parking permit fees collected in each month, without reduction for any amounts deducted under
sub. (3m), to cover the cost of administration. The municipality shall pay to the school district in which the park is located, within 20 days after the end of each month, such proportion of the remainder of the fees collected in the preceding month as the ratio of the most recent property tax levy for school purposes bears to the total tax levy for all purposes in the municipality. If the park is located in more than one school district, each district shall receive a share in the proportion that its property tax levy for school purposes bears to the total school tax levy.
66.058 Annotation
A license issued without prior approval of park plans is void and the owner cannot complain if it is revoked. A mobile home park zoning ordinance adopted without compliance with the notice of hearing requirements of s. 60.74 (2), 1981 stats. [now 60.61 (4)] is void. Edelbeck v. Town of Theresa, 57 W (2d) 172, 203 NW (2d) 694.
66.058 Annotation
Time for appeal under sub. (2) (d) begins on date of action revoking license, not on effective date of revocation. Reusch v. City of Baraboo, 85 W (2d) 294, 270 NW (2d) 229 (1978).
66.058 Annotation
State university is not subject to local licensing in the operation of a university mobile home park. 60 Atty. Gen. 7.
66.058 Annotation
Town cannot have more restrictive ordinance regulating use and location of mobile homes outside mobile home parks than county. 60 Atty. Gen. 131.
66.058 Annotation
Town board which has given conditional approval to plans for mobile home park has power to alter conditions as long as it acts reasonably. Molgaard v. Town of Caledonia, 527 F Supp. 1073 (1981).
66.0585
66.0585
Municipalities; parking fees on mobile homes. Any municipality may assess parking fees at the rates under
s. 66.058 on mobile homes, as defined in
s. 70.111 (19) except mobile homes which are located in campgrounds licensed under
s. 254.47 and mobile homes which are located on land where the principal residence of the owner of the mobile home is located, regardless of whether or not the mobile home is occupied during all or part of any calendar year.
66.059
66.059
Public improvement bonds: issuance. 66.059(1)
(1) Any county, town, sanitary district, public inland lake protection and rehabilitation district, city or village, in addition to any other authority to borrow money and issue its municipal obligations, may also borrow money and issue its public improvement bonds to finance the cost of construction or acquisition, including site acquisition, of any revenue-producing public improvement of such municipality. In this section, unless the context or subject matter otherwise requires:
66.059(1)(a)
(a) "Debt service" means the amount of principal, interest and premium due and payable with respect to public improvement bonds.
66.059(1)(b)
(b) "Deficiency" means the amount by which debt service required to be paid in any calendar year exceeds the amount of revenues estimated to be derived from the ownership and operation of the public improvement for such calendar year, after first subtracting from the estimated revenues the estimated cost of paying the expenses of operating and maintaining the public improvement for such calendar year.
66.059(1)(c)
(c) "Municipality" means county, sanitary district, public inland lake protection and rehabilitation district, town, city or village.
66.059(1)(d)
(d) "Public improvement" means any public improvement which a municipality may lawfully own and operate from which the municipality expects to derive revenues.
66.059(2)
(2) The governing body of the municipality proposing to issue public improvement bonds shall adopt a resolution authorizing their issuance. The resolution shall set forth the amount of bonds authorized, or a sum not to exceed a stated amount, and the purpose for which the bonds are to be issued. The resolution shall prescribe the terms, form and contents of the bonds and such other matters as the governing body deems necessary or advisable. The bonds may be in any denomination of not less than $1,000, shall bear interest payable annually or semiannually, shall be payable not later than 20 years from the date of the bonds, at such times and places as the governing body determines, and may be subject to redemption prior to maturity on such terms and conditions as the governing body determines. The bonds may be issued either payable to bearer with interest coupons attached thereto or may be registered under
s. 67.09. The bonds may be sold at public competitive sale or by private negotiation at the discretion of the governing body.
Sections 67.08 and
67.10 apply to public improvement bonds, except insofar as they are in conflict herewith, in which case this section controls.
66.059(2m)(a)(a) A resolution, adopted under
sub. (2) by the governing body of a municipality, need not be submitted to the electors of the municipality for approval, unless within 30 days after the resolution is adopted there is filed with the clerk of the municipality a petition conforming to the requirements of
s. 8.40 requesting a referendum thereon, signed by electors numbering at least 10% of the votes cast in the municipality for governor at the last general election. Any resolution, adopted under
sub. (2) at the discretion of the municipal governing body, may be submitted to the electors without waiting for the filing of a petition.
66.059(2m)(b)
(b) If a referendum is to be held on a resolution, the municipal governing body shall direct the municipal clerk to call a special election for the purpose of submitting the resolution to the electors for a referendum on approval or rejection. In lieu of a special election, the municipal governing body may specify that the election be held at the next succeeding spring primary or election or September primary or general election.
66.059(2m)(c)
(c) The municipal clerk shall publish a class 2 notice, under
ch. 985, containing a statement of the purpose of the referendum, giving the amount of the bonds proposed to be issued and the purpose for which they will be issued, and stating the time and places of holding the election and the hours during which the polls will be open.
66.059(2m)(d)
(d) The election shall be held and conducted and the votes cast thereat canvassed as at regular municipal elections and the results certified to the municipal clerk. A majority of all votes cast in the municipality shall decide the question.
66.059(3)
(3) The reasonable cost and value of any services rendered by the public improvement to the municipality shall be charged against the municipality and shall be paid by it in monthly instalments.
66.059(4)(a)(a) Gross revenues derived from the ownership and operation of the public improvement shall be first pledged to debt service on issued public improvement bonds. When in excess of such obligation, the revenues shall be subject to requirements set by resolution or ordinance of the governing body fixing:
66.059(4)(a)1.
1. The proportion of revenues of the public improvement necessary for the reasonable and proper operation and maintenance thereof; and
66.059(4)(a)2.
2. The proportion of revenues necessary for the payment of debt service on the public improvement bonds. Such revenues shall be paid into a special fund in the treasury of the municipality known as the "Public Improvement Bond Account".
66.059(4)(b)
(b) At any time after one year's operation, the governing body may recompute the proportion of revenues assignable under
par. (a) based upon experience of operation.
66.059(4)(c)
(c) All funds on deposit in a public improvement bond account, which are not immediately required for the purposes specified in this section, shall be invested in accordance with
s. 66.04.
66.059(5)
(5) Annually, on or before August 1 the officer or department of the municipality responsible for the operation of the public improvement shall file with the governing body, or its designated representative, a detailed statement setting forth the amount of the debt service on the public improvement bonds issued for the public improvement for the succeeding calendar year and an estimate for such year of the total revenues to be derived from the ownership and operation of the public improvement and the total cost of operating and maintaining the public improvement.
66.059(6)(a)(a) If it is determined that there will be a deficiency for the ensuing calendar year, the municipality shall make up the deficiency, but the obligation to do so shall be limited to a sum which shall not cause the municipality to exceed its municipal debt limits. The deficiency may be made up by the municipality from any revenues available therefor, including a tax levy. The amount contributed by the municipality shall be deposited in the public improvement bond account and applied to the payment of debt service. Taxes levied under this paragraph shall not be subject to statutory limitations of rate or amount.
66.059(6)(b)
(b) The amount of any deficiency determined under
par. (a) for the ensuing calendar year shall be related to the total debt service for such year. Such ratio shall determine the outstanding indebtedness of the issue to be reflected as part of the municipality's indebtedness for the year.
66.059(7)
(7) Whenever revenue bonds have been issued by a municipality pursuant to law and an ordinance authorizing their issuance without limitation as to amount has been enacted by the governing body of the municipality, public improvement bonds may be issued under the ordinance with the same effect as though they were revenue bonds. Such bonds shall be public improvement bonds and this section shall apply thereto, except that nothing contained in this subsection shall in any way impair the contract between the municipality and the holders of any outstanding revenue bonds. Whatever liens have been created in favor of any outstanding revenue bonds issued under the ordinance shall apply to public improvement bonds so issued. The public improvement bonds shall be payable on a parity with the revenue bonds issued under the ordinance if the public improvement bonds are issued in compliance with the requirements of the ordinance for the issuance of parity bonds under the ordinance.
66.06
66.06
Public utilities. 66.06(1)(1)
Definitions. The definition of "public utility" in
s. 196.01 is applicable to
ss. 66.06 to
66.078. Whenever the phrase "resolution or ordinance" is used in
ss. 66.06 to
66.065 and
66.068 to
66.078, it means, as to towns, villages and cities, ordinance only.
66.06(2)
(2) Limitation. Nothing in
ss. 66.06 to
66.078 shall be construed as depriving the office of the commissioner of railroads, department of transportation or public service commission of any power conferred by
ss. 195.05 and
197.01 to
197.10 and
ch. 196.
66.061
66.061
Franchises; service contracts. 66.061(1)(a)(a) Any city, village or town may grant to any person or corporation the right to construct and operate therein a water system or to furnish light, heat or power subject to reasonable rules and regulations prescribed by ordinance.
66.061(1)(b)
(b) The board or council may submit the ordinance when passed and published to a referendum.
66.061(1)(c)
(c) No such ordinance shall be operative until 60 days after passage and publication unless sooner approved by a referendum. Within that time electors equal in number to 20 per cent of those voting at the last regular municipal election, may demand a referendum. The demand shall be in writing and filed with the clerk. Each signer shall state his or her occupation and residence and signatures shall be verified by the affidavit of an elector. The referendum shall be held at the next regular municipal election, or at a special election within 90 days of the filing of the demand, and the ordinance shall not be effective unless approved by a majority of the votes cast thereon. This paragraph shall not apply to extensions by a utility previously franchised by the village or city.
66.061(1)(d)
(d) Whenever any city or village at the time of its incorporation included within its corporate limits territory in which a public utility, prior to such incorporation, had been lawfully engaged in rendering public utility service, such public utility shall be deemed to possess a franchise to operate in such city or village to the same extent as though such franchise had been formally granted by ordinance duly adopted by the governing body of such city or village. This paragraph shall not apply to any public utility organized under this chapter.
66.061(2)(a)(a) Cities, villages and towns may contract for furnishing light, heat, water, motor bus or other systems of public transportation to the municipality or to the inhabitants thereof for a period of not more than 30 years or for an indeterminate period if the prices are subject to adjustment at intervals of not greater than 5 years. The public service commission shall have jurisdiction relative to the rates and service to any city, village or town where light, heat or water is furnished to such city, village or town under any contract or arrangement, to the same extent that the public service commission has jurisdiction where that service is furnished directly to the public.
66.061(2)(b)
(b) When a city, village or town has contracted for water, lighting service, motor bus or other systems of public transportation to the municipality the cost may be raised by tax levy. In making payment to the owner of the utility a sum equal to the amount due the city, village or town from such owner for taxes or special assessments may be deducted.
66.061(2)(c)
(c) This subsection shall apply to every city, village and town regardless of any charter limitations on the tax levy for water or light.
66.061(2)(d)
(d) When any privately owned motor bus or public transportation system in a city, village or town fails to provide service for a period in excess of 30 days, and the owner or stockholders of the privately owned motor bus or public transportation system have announced an intention to abandon service, the governing body of the affected municipality may without referendum furnish or contract for the furnishing of other motor bus or public transportation service to the municipality and its inhabitants and to the users of the defaulting prior service for a period of not more than one year. This section shall not authorize a municipality to hire, directly or indirectly, any strikebreaker or other person for the purpose of replacing employes of said motor bus or public transportation system engaged in a strike.
66.064
66.064
Joint operation. Any city, village or town served by any privately owned public utility, motor bus or other systems of public transportation rendering local service may contract with the owner thereof for the leasing, public operation, joint operation, extension and improvement by the municipality or with funds loaned by the municipality, for the stabilization by municipal guaranty of the return upon or for the purchase by instalments out of earnings or otherwise of that portion of said public utility which is operated within such municipality and any territory immediately adjacent and tributary thereto; or for the accomplishment of any object agreed upon between the parties relating to the use, operation, management, value, earnings, purchase, extension, improvement, sale, lease or control of such property. The provisions of
s. 66.07 relating to preliminary agreement, approval by the department of transportation or public service commission, and ratification by the electors, shall be applicable to the contracts authorized by this section. The department of transportation or public service commission shall, when any such contract is approved by it and consummated, cooperate with the parties in respect to making valuations, appraisals, estimates and other determinations specified in such contract to be made by it.
66.065(1)(1) Any town, village or city may construct, acquire or lease any plant and equipment located within or without the municipality, and including interest in or lease of land, for furnishing water, light, heat, or power, to the municipality, or to its inhabitants; may acquire a controlling portion of the stock of any corporation owning private waterworks or lighting plant and equipment; and may purchase the equity of redemption in a mortgaged or bonded waterworks or lighting system, including the cases where the municipality shall in the franchise have reserved right to purchase. The character or duration of the franchise, permit or grant under which any public utility is operated, shall not affect the power to acquire the same hereunder. Two or more public utilities owned by the same person or corporation, or 2 or more public utilities subject to the same lien or charge, may be acquired as a single enterprise under any proceeding heretofore begun or hereafter commenced, and the board or council may at any time agree with the owner or owners of any public utility or utilities as to the agreed value thereof, and to contract to purchase or acquire the same hereunder at such value, upon such terms and conditions as may be mutually agreed upon between said board or council and said owner or owners.
66.065(2)
(2) A resolution, specifying the method of payment and submitting the question to a referendum, shall be adopted by a majority of all the members of the board or council at a regular meeting, after publication at least one week previous in the official paper.
66.065(3)
(3) The notice of the referendum shall include a general statement of the plant equipment or part thereof it is proposed to acquire or construct and of the manner of payment.
66.065(4)
(4) Referendum elections under this section shall not be held oftener than once a year, except that a referendum so held for the acquisition, lease or construction of any of the types of property enumerated in
sub. (1) shall not bar the holding of one referendum in the same year for the acquisition and operation of a bus transportation system by the municipality.
66.065(4a)
(4a) The provisions of
subs. (2),
(3) and
(4) shall not apply to the acquisition of any plant, equipment or public utility for furnishing water service when such plant, equipment or utility is acquired by the municipality by dedication or without monetary or financial consideration.
66.065(5)
(5) Any city, village or town may by action of its governing body and with a referendum vote provide, acquire, own, operate or engage in a municipal bus transportation system where no existing bus, rail or other local transportation system exists in such municipality. Any city, village or town in which there exists any local transportation system by similar action and referendum vote may acquire, own, operate or engage in the operation of a municipal bus transportation system upon acquiring the local transportation system by voluntary agreement with the owners thereof, or pursuant to law, or upon securing a certificate from the department of transportation under
s. 194.23.
66.065(6)
(6) Any street motor bus transportation company operating pursuant to
ch. 194 shall, by acceptance of authority under that chapter, be deemed to have consented to a purchase of its property actually used and useful for the convenience of the public by the municipality in which the major part of such property is situated or operated.
66.065(7)
(7) Any city, village or town providing or acquiring a motor bus transportation system under the provisions of this section may finance such construction or purchase in any manner now authorized in respect of the construction or purchase of a public utility.
66.065 Annotation
This section is not a restriction upon the authority granted the department of natural resources by 144.025 (2) (r) to order the construction of a municipal water system, but constitutes merely an alternative by which a municipality may voluntarily construct or purchase a water utility. Village of Sussex v. Dept. of Natural Resources, 68 W (2d) 187, 228 NW (2d) 173.
66.065 Annotation
Section 66.065, which requires a municipality to obtain voter approval through a referendum prior to the construction or acquisition of a waterworks, does not apply when a municipality is ordered to construct a public water supply system pursuant to 144.025 (2) (r). 60 Atty. Gen. 523.
66.066
66.066
Revenue obligations. 66.066(1)(a)
(a) "Municipality" means any city, village, town, county, commission created by contract under
s. 66.30, public inland lake protection and rehabilitation district established under
s. 33.23,
33.235 or
33.24, metropolitan sewerage district created under
ss. 66.20 to
66.26 or
66.88 to
66.918, town sanitary district under
subch. IX of ch. 60, a local professional baseball park district created under
subch. III of ch. 229 or a municipal water district or power district under
ch. 198 and any other public or quasi-public corporation, officer, board or other public body empowered to borrow money and issue obligations to repay the same out of revenues. "Municipality" does not include the state or a local exposition district created under
subch. II of ch. 229.
66.066(1)(b)
(b) For purposes of financing under this section, "public utility" means any revenue producing facility or enterprise owned by a municipality and operated for a public purpose as defined in
s. 67.04 (1) (b) or undertaken by a municipality under
s. 66.067.
66.066(1)(c)
(c) "Revenue" means all moneys received from any source by a public utility and all rentals and fees and in the case of a local professional baseball park district created under
subch. III of ch. 229 includes tax revenues deposited into a special fund under
s. 229.685 and payments made into a special debt service reserve fund under
s. 229.74.
66.066(1a)
(1a) Nothing in this section shall be construed to limit the authority of any municipality to acquire, own, operate and finance in the manner provided in this section, a source of water and necessary transmission facilities, including all real and personal property, beyond its corporate limits. A source of water 50 miles beyond a municipality's corporate [those] limits shall be considered within a municipality's [that] authority.
66.066 Note
NOTE: Sub. (1a) is shown as affected by two acts of the 1995 legislature and as merged by the revisor under s. 13.93 (2) (c). The bracketed language inserted by
1995 Wis. Act 378 was rendered surplusage by the treatment of this provision by
1995 Wis. Act 225.
66.066(1m)
(1m) Any municipality may, by action of its governing body, provide for purchasing, acquiring, leasing, constructing, extending, adding to, improving, conducting, controlling, operating or managing a public utility, motor bus or other systems of public transportation from the general fund, or from the proceeds of municipal obligations, including revenue bonds. Any obligation created pursuant to
subs. (2) to
(4) shall not be considered an indebtedness of such municipality, and shall not be included in arriving at the constitutional debt limitation.
66.066(2)
(2) Where payment is provided by revenue bonds, the procedure for payment shall be in the manner following:
66.066(2)(a)1.1. The governing body, by ordinance or resolution, shall order the issuance and sale of bonds, executed as provided in
s. 67.08 (1) and payable at such times not exceeding 40 years from the date thereof, and at such places, as the governing body of such municipality shall determine, which bonds shall be payable only out of the special redemption fund. Each such bond shall include a statement that it is payable only from the special redemption fund, naming the ordinance or resolution creating it and that it does not constitute an indebtedness of such municipality. The bonds may be issued either as registered bonds under
s. 67.09 or as coupon bonds payable to bearer. Bonds shall be sold in such manner and upon such terms as the governing body deems for the best interests of said municipality.
66.066(2)(a)2.
2. Interest, if any, on bonds shall be paid at least annually to bondholders. Payment of principal on the bonds shall commence not later than 3 years after the date of issue or 2 years after the estimated date that construction will be completed, whichever is later. Thereafter, at least annually, the municipality shall make principal payments and, if any, interest payments to bondholders or provide by ordinance or resolution that payments be made into a separate fund for payment to bondholders as specified in the ordinance or resolution authorizing the issuance of the bonds. The amount of the annual debt service payments made or provided for shall be reasonable in accordance with prudent municipal utility management practices.
66.066(2)(a)3.
3. All such bonds may contain a provision authorizing redemption thereof, in whole or in part, at stipulated prices, at the option of the municipality on any interest payment date. The governing body may provide in any contract for purchasing, acquiring, leasing, constructing, extending, adding to, improving, conducting, controlling, operating or managing a public utility, that payment thereof shall be made in such bonds at not less than 95% of the par value thereof.
66.066(2)(b)
(b) All moneys received from any bonds issued under this section shall be applied solely for purchasing, acquiring, leasing, constructing, extending, adding to, improving, conducting, controlling, operating or managing a public utility, and in the payment of the cost of any subsequent necessary additions, improvements and extensions. Bonds issued under this section shall be secured by a pledge of the revenues of the public utility to the holders of the bonds and to the holders of any coupons of the bonds and may be additionally secured by a mortgage lien upon the public utility to the holders of the bonds and to the holders of any coupons of the bonds. If a mortgage lien is created by ordinance or resolution, the lien shall be perfected by publication of the ordinance or resolution or by recording of the ordinance or resolution in the records of the municipality. In addition, the municipality may record the lien by notifying the register of deeds of the county in which the public utility is located concerning its issuance of bonds. If the register of deeds receives notice from the municipality, the register of deeds shall record any mortgage lien created. The public utility shall remain subject to the pledge and, if created, the mortgage lien until the payment in full of the principal and interest of the bonds. Upon repayment of bonds for which a mortgage lien has been created, the register of deeds shall, upon notice from the municipality, record a satisfaction of the mortgage lien. Any holder of a bond or of any coupons attached to a bond may either at law or in equity protect and enforce this pledge and, if created, the mortgage lien and compel performance of all duties required of the municipality by this section. Any municipality may provide for additions, extensions and improvements to a public utility that it owns by additional issues of bonds under this section. Such additional issues of bonds shall be subordinate to all prior issues of bonds under this section, but a municipality may in the ordinance or resolution authorizing bonds permit the issue of additional bonds on a parity therewith. Any municipality may issue new bonds under this section to provide funds for refunding any outstanding municipal obligations, including interest, issued for any of the purposes stated in
sub. (1m). Refunding bonds issued under this section are subject to the following provisions:
66.066(2)(b)1.
1. Refunding bonds may be issued to refinance more than one issue of outstanding municipal obligations notwithstanding that such outstanding municipal obligations may have been issued at different times and may be secured by the revenues of more than one public utility. Any such public utilities may be operated as a single public utility, subject however to contract rights vested in holders of bonds or promissory notes being refinanced. A determination by the governing body that any refinancing is advantageous or necessary to the municipality shall be conclusive.
66.066(2)(b)4.
4. The refunding bonds shall not be considered an indebtedness of such municipality, and shall not be included in arriving at the constitutional debt limitation.
