66.073(6)(i)
(i) Exercise the powers of eminent domain granted to public utility corporations under
ch. 32.
66.073(6)(j)
(j) Incur debts, liabilities or obligations including the borrowing of money and the issuance of bonds, secured or unsecured, under
sub. (11) (b).
66.073(6)(m)
(m) Fix, maintain and revise fees, rates, rents and charges for functions, services, facilities or commodities provided by the company.
66.073(6)(n)
(n) Make, and from time to time amend and repeal, bylaws, rules and regulations not inconsistent with this section to carry into effect the powers and purposes of the company.
66.073(6)(o)
(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 the company deems proper.
66.073(6)(p)
(p) Join organizations, membership in which is deemed by the board of directors to be beneficial to accomplishment of the company's purposes.
66.073(6)(q)
(q) Exercise any other powers which are deemed necessary and convenient by the company to effectuate the purposes of the company.
66.073(6)(r)
(r) Do and perform any acts and things authorized by this section under, through or by means of an agent or by contracts with any person.
66.073(6m)
(6m) Energy conservation duties. A municipal electric company established by contract under this section shall consider energy conservation measures and the development of efficient, community-based energy systems.
66.073(7)
(7) Public character. An electric company established by contract under this section shall constitute a political subdivision and body public and corporate of the state, exercising public powers, separate from the contracting municipalities. It shall have the duties, privileges, immunities, rights, liabilities and disabilities of a public body politic and corporate but shall not have taxing power.
66.073(8)(a)1.1. In this paragraph, "purchase of electric power and energy" includes any right to capacity or interest in any project.
66.073(8)(a)2.
2. The contracting municipalities may provide in the contract created under
sub. (5) for payment to the company of funds for commodities to be procured and services to be rendered by the company. These municipalities and other persons and public agencies may enter into purchase agreements with the company for the purchase of electric power and energy whereby the purchaser is obligated to make payments in amounts which shall be sufficient to enable the company to meet its expenses, interest and principal payments, whether at maturity or upon debt service fund redemption, [for its bonds,] reasonable reserves for debt service, operation and maintenance and renewals and replacements and the requirements of any rate covenant with respect to debt service coverage contained in any resolution, trust indenture or other security instrument.
66.073 Note
NOTE: The bracketed language was inadvertently deleted by
1995 Wis. Act 225. No change was intended. Corrective legislation is pending.
66.073(8)(a)3.
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 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 is completed, operable or operating, and notwithstanding suspension, interruption, interference, reduction or curtailment of the output of such project.
66.073(8)(a)4.
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 entitled proportionately to use or otherwise dispose of the power and energy to be purchased by the defaulting purchaser.
66.073(8)(b)
(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 agreement shall not be construed to constitute debt of the municipality. To the extent provided in the purchase agreement, such 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.
66.073(8)(c)
(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 subject to repayment by the company.
66.073(9)(a)(a) An electric company may sell or exchange excess power and energy produced or owned by it not required by any of the contracting municipalities for such consideration and for such period and upon such terms and conditions as it may determine to any other person or public agency.
66.073(9)(b)
(b) Notwithstanding any other provision of this section or any other statute, nothing shall prohibit a company from undertaking any project in conjunction with or owning any project jointly with any person or public agency.
66.073(10)(a)(a) An electric company created under this section shall be deemed to be 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 subject to regulation or alteration by the public service commission.
66.073(10)(b)
(b) Advance plans submitted by a municipal electric utility under
s. 196.491 shall include consideration of alternatives to any proposed addition to any bulk electric generating facility as defined under
s. 196.491. Such alternatives shall include, but not be limited to, community-based energy systems and energy conservation measures.
66.073(11)(a)(a) An electric company may issue such types of bonds as it may determine, 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.
66.073(11)(b)
(b) A company may from time to time issue its bonds in such principal amounts as 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.
66.073(11)(c)
(c) Neither the members of the board of directors of a company nor any person executing the bonds shall be liable personally on the bonds by reason of the issuance thereof.
66.073(11)(d)
(d) The bonds of an electric company (and such bonds shall so state on their face) shall 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 liable thereon nor in any event shall such bonds be payable out of any funds or properties other than those of the company.
66.073(12)(a)(a) Bonds of an electric company shall be authorized by resolution of the board of directors and may be issued under such resolution or under a trust indenture or other security instrument in one or more series and shall bear such date or dates, mature at such time or times, bear interest at such rate or rates, be in such denomination or denominations, be in the form of coupon bonds or registered bonds under
s. 67.09, have such rank or priority, be executed in such manner, be payable in such medium of payment, at such place or places, and be subject to such terms of redemption, with or without premium, as such resolution, trust indenture or other security instrument may provide, and without limitation by the provisions of any other law limiting amounts, maturities or interest rates.
66.073(12)(b)
(b) The bonds may be sold at public or private sale as the company may provide and at such price or prices as the company shall determine.
66.073(12)(c)
(c) In case any of the officers whose signatures appear on any bonds or coupons shall cease to be such officers before the delivery of such obligations, such signatures shall, nevertheless, be valid and sufficient for all purposes, the same as if the officers had remained in office until such delivery.
66.073(13)
(13) Covenants. The company shall have power in connection with the issuance of its bonds to:
66.073(13)(a)
(a) Covenant as to the use of any or all of its property, real or personal.
66.073(13)(b)
(b) Redeem the bonds, to covenant for their redemption and to provide the terms and conditions thereof.
66.073(13)(c)
(c) Covenant to charge rates, fees and charges sufficient to meet operating and maintenance expenses, renewals and replacements to a project, principal and debt service on bonds, creation and maintenance of any reserves required by a bond resolution, trust indenture or other security instrument and to provide for any margins or coverages over and above debt service on the bonds deemed desirable for the marketability of the bonds.
66.073(13)(d)
(d) Covenant and prescribe as to events of default and terms and conditions upon which any or all of its bonds shall become or may be declared due before maturity, as to the terms and conditions upon which such declaration and its consequences may be waived and as to the consequences of default and the remedies of bondholders.
66.073(13)(e)
(e) Covenant as to the mortgage or pledge of or the grant of a security interest in any real or personal property and all or any part of the revenues from any project or projects or any revenue producing contract or contracts made by the company with any person or public agency to secure the payment of bonds, subject to such agreements with the holders of bonds as may then exist.
66.073(13)(f)
(f) Covenant as to the custody, collection, securing, investment and payment of any revenues, assets, moneys, funds or property with respect to which the company may have any rights or interest.
66.073(13)(g)
(g) Covenant as to the purposes to which the proceeds from the sale of any bonds then or thereafter to be issued may be applied, and the pledge of such proceeds to secure the payment of the bonds.
66.073(13)(h)
(h) Covenant as to limitations on the issuance of any additional bonds, the terms upon which additional bonds may be issued and secured, and the refunding of outstanding bonds.
66.073(13)(i)
(i) Covenant as to the rank or priority of any bonds with respect to any lien or security.
66.073(13)(j)
(j) Covenant as to the procedure by which the terms of any contract with or for the benefit of the holders of bonds may be amended or abrogated, the amount of bonds, the holders of which must consent thereto, and the manner in which such consent may be given.
66.073(13)(k)
(k) Covenant as to the custody of any of its properties or investments, the safekeeping thereof, the insurance to be carried thereon, and the use and disposition of insurance proceeds.
66.073(13)(L)
(L) Covenant as to the vesting in a trustee or trustees, within or outside the state, of such properties, rights, powers and duties in trust as the company may determine.
66.073(13)(m)
(m) Covenant as to the appointing and providing for the duties and obligations of a paying agent or paying agents or other fiduciaries within or outside the state.
66.073(13)(n)
(n) Make all other covenants and to do any and all such acts and things as may be necessary or convenient or desirable in order to secure its bonds, or in the absolute discretion of the company tend to make the bonds more marketable; notwithstanding that such covenants, acts or things may not be enumerated herein; it being the intention hereof to give the company power to do all things in the issuance of bonds and in the provisions for security thereof which are not inconsistent with the constitution of the state.
66.073(13)(o)
(o) Execute all instruments necessary or convenient in the exercise of the powers herein granted or in the performance of covenants or duties, which may contain such covenants and provisions, as any purchaser of the bonds of the company may reasonably require.
66.073(14)
(14) Refunding bonds. A company may issue refunding bonds for the purpose of paying any of its bonds at or prior to maturity or upon acceleration or redemption. Refunding bonds may be issued at such time prior to the maturity or redemption of the refunded bonds as the company deems to be in the public interest. The refunding bonds may be issued in sufficient amounts to pay or provide the principal of the bonds being refunded, together with any redemption premium thereon, any interest accrued or to accrue to the date of payment of such bonds, the expenses of issue of the refunding bonds, the expenses of redeeming the bonds being refunded, and such reserves for debt service or other capital or current expenses from the proceeds of such refunding bonds as may be required by the resolution, trust indenture or other security instruments. The issue of refunding bonds, the maturities and other details thereof, the security therefor, the rights of the holders thereof, and the rights, duties and obligations of the company in respect of the same shall be governed by this section relating to the issue of bonds other than refunding bonds insofar as the same may be applicable.
66.073(15)
(15) Bonds eligible for investment. Bonds issued by a company under this section are hereby made securities in which all public officers and agencies of the state and all political subdivisions, all insurance companies, trust companies, banks, savings banks, savings and loan associations, investment companies, executors, administrators, trustees and other fiduciaries may properly and legally invest funds, including capital in their control or belonging to them. Such bonds are hereby made securities which may properly and legally be deposited with and received by any officer or agency of the state or any political subdivision for any purpose for which the deposit of bonds or obligation of the state or any political subdivision is now or may hereafter be authorized by law.
66.073(16)
(16) Tax exemption and payments in lieu of taxes. 66.073(16)(a)(a) All bonds of a municipal electric company are declared to be issued on behalf of the state for an essential public and governmental purpose and to be debts of a state municipal corporation.
66.073(16)(b)
(b) The property of a company, including any proportional share of any property owned by a company in conjunction with any other person or public agency, is declared to be public property used for essential public and governmental purposes and such property or proportional share, a company and its income shall be exempt from all taxes of the state or any state public body except that for each project owned or partly owned by it, a company shall make payments-in-lieu-of-taxes to the state equal to the amount which would be paid to the state under
ss. 76.01 to
76.26 for such project or share thereof if it were deemed to be owned by a company under
s. 76.02 (9). The payment shall be determined, administered and distributed by the state in the same manner as the taxes paid by companies under
ss. 76.01 to
76.26.
66.073(17)
(17) Successor. A company shall, if the contract so provides, be the successor to any nonprofit corporation, agency or any other entity theretofore organized by such contracting municipalities to provide the same or a related function, and the company shall be entitled to all rights and privileges and shall assume all obligations and liabilities of the other entity under existing contracts to which the other entity is a party.
66.073(18)
(18) Other statutes. The powers granted under this section do not limit the powers of municipalities to enter into intergovernmental cooperation or contracts or to establish separate legal entities under
s. 66.30 or any other applicable law, or otherwise to carry out their powers under applicable statutory provisions, nor shall such powers limit the powers reserved to municipalities by state law.
66.073(19)
(19) Construction. This section shall be interpreted liberally to effect the purposes set forth in this section.
66.074
66.074
Ice plants, fuel depots and landing fields. 66.074(1)(1) Any city, village or town may enter into any contract which will enable it to purchase, construct, lease or acquire any equipment necessary to secure, manufacture, or sell ice, and to supply ice to itself, its inhabitants and persons doing business therein, or the county in which it is located, and may operate the same.
66.074(2)
(2) Any city, village or town may by a vote of three-fourths of all the members of the council or board establish and operate equipment for the purchase, sale and supply of fuel to its citizens, under regulation of the council or board.
66.074(3)
(3) Any city, village or town may purchase or lease lands for the use of the public as an aerial landing field, and may construct thereon hangars, shops, and other equipment and maintain such landing field; and may establish and collect uniform fees for use of such field. No city, village or town, nor any board, commission or officer thereof, maintaining and operating any aerial landing field, as provided in this subsection, and collecting fees for the use of the same, shall be held liable in damages for injuries done to any person, not an employe of such city, village or town, by reason of the maintenance or operation of such landing field.
66.074 History
History: 1993 a. 246.
66.075
66.075
Slaughterhouses. 66.075(1)(1) Authority is hereby given to every county and to every city, village and town of more than 5,000 inhabitants to construct and maintain public slaughterhouses upon such conditions and under such regulations as may be imposed by the department of agriculture, trade and consumer protection.
66.075(2)
(2) The county board in each county and the common council in each city shall authorize the construction of a county or municipal slaughterhouse, shall make the necessary appropriation for the purchase of land and the construction and maintenance of such slaughterhouse and shall take proper action to secure the building, establishment and maintenance of such county or municipal slaughterhouse.
66.075(3)
(3) All cattle, sheep, swine and goats slaughtered in such slaughterhouse shall be examined by the proper state authorities, and after examination and inspection shall be approved or condemned in accordance with the state laws and the municipal regulations governing the examination and inspection of similar private establishments.
66.075(4)
(4) Any person, firm or corporation who shall make use of a county or municipal slaughterhouse, and in such use shall violate any of the terms of this section shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not more than $500 or by imprisonment of not more than one year, or by both such fine and imprisonment in the discretion of the court.
66.075(5)
(5) The provisions of this section shall apply only to such counties, cities, villages and towns as shall have adopted the same at any general or municipal election at which the question of the establishment of such county or municipal slaughterhouse shall have been submitted to the voters of such county, city, village or town. Such question shall, upon the filing of a petition conforming to the requirements of
s. 8.40 by electors of such county, city, village or town equal in number to at least 10% of all the votes cast in such county, city, village or town for governor at the last preceding general election, be submitted to the electors of such county, city, village or town at the next ensuing election, and if a majority of votes cast shall be in favor of the establishment of such slaughterhouse, the provisions of this section shall apply to such county, city, village or town.
66.076
66.076
Sewerage system, service charge. 66.076(1)
(1) In addition to all other methods provided by law, any municipality may construct, acquire or lease, extend or improve any plant and equipment within or without its corporate limits for the collection, transportation, storage, treatment and disposal of sewage, including the lateral, main and interceptor sewers necessary in connection therewith, and any town, village or city may arrange for such service to be furnished by a metropolitan sewerage district or joint sewerage system. Except as provided in
s. 66.60 (6m), payment for the same or any part thereof may be provided from the general fund, from taxation, special assessments, sewerage service charges, or from the proceeds of either municipal obligations, revenue bonds or from any combination of these enumerated methods of financing.
66.076(1m)
(1m) In this section, "municipality" means any town, village, city or metropolitan sewerage district created under
ss. 66.20 to
66.26 or under
ss. 66.88 to
66.918.
66.076(2)
(2) Where payment in whole or in part is made by the issue and sale of revenue bonds, the payments shall be made as provided in
s. 66.066. The provisions of
s. 66.066 which are not inconsistent with this section are made a part of this section. The term "public utility" as used in
s. 66.066 shall for this purpose include the sewerage system, accessories, equipment and other property, including land. The mortgage or revenue bonds or mortgage certificates shall not constitute an indebtedness of the municipality but shall be secured only by the sewerage system and its revenue, and the franchise provided for in this section.
66.076(3)
(3) In the event of a sale of the mortgaged premises on a judgment of foreclosure and sale, the price paid for the same shall not exceed the amount of the judgment and the costs of sale to and including the recording of the sheriff's deed. The purchaser on the foreclosure sale may operate and maintain said sewerage system and collect sewerage service charges, and for that purpose shall be deemed to have a franchise from the municipality. The term "purchaser" shall include the purchaser's successors or assigns. The rates to be charged, in addition to the contributions, if any, which the municipality has obligated itself to make toward the capital or operating costs of the plant, shall be sufficient to meet the requirements of operation, maintenance, repairs, depreciation, interest and an amount sufficient to amortize the judgment debts and all additional capital costs which the purchaser contributes to the plan over a period not exceeding 20 years, and in addition to the foregoing the purchaser of the premises shall be entitled to earn a reasonable amount, as determined by the public service commission, on the actual amount of the purchaser's investment in the premises represented by the purchase price of the premises, plus any additions made to the same by the purchaser or minus any payments made by the municipality on account of such investments. The municipality may at any time by payment reduce such investment of the purchaser and after full payment of the purchase price plus the cost of subsequent improvements the premises shall revert to the municipality. So long as the premises are owned by the private purchaser, the same shall be considered a public utility and be subject to
ch. 196 so far as applicable.
66.076(4)
(4) The governing body of the municipality may establish sewerage service charges in such amount as to meet all or part of the requirements for the construction, reconstruction, improvement, extension, operation, maintenance, repair and depreciation of the sewerage system, and for the payment of all or part of the principal and interest of any indebtedness incurred thereof, including the replacement of funds advanced by or paid from the general fund of the municipality. Service charges made by a metropolitan sewerage district to any town, village or city shall in turn be levied by such town, village or city against the individual sewer system users within the corporate limits of such municipality, and the responsibility for collecting such charges and promptly remitting same to the metropolitan sewerage district shall lie with such municipality. Delinquent charges shall be collected in accordance with
sub. (7).
66.076(5)
(5) For the purpose of making equitable charges for all services rendered by the sewerage system to the municipality or to citizens, corporations and other users, the property benefited thereby may be classified, taking into consideration the volume of water, including surface or drain waters, the character of the sewage or waste and the nature of the use made of the sewerage system, including the sewage disposal plant. The charges may also include standby charges to property not connected but for which such facilities have been made available.
66.076(6)
(6) Any municipality may pledge, assign or otherwise hypothecate the net earnings or profits derived or to be derived from a sewerage system to secure the payment of the costs of purchasing, constructing or otherwise acquiring a sewerage system or any part thereof, or for extending or improving such sewerage system, in the manner provided in
s. 66.066 (4) as the same has been and from time to time may be amended or recreated.
66.076(7)
(7) Sewerage service charges shall be collected and taxed and shall be a lien upon the property served in the same manner as water rates are taxed and collected under
s. 66.069 (1) or
66.071 (1) (e), so far as applicable, except that charges of a metropolitan sewerage district created under
ss. 66.88 to
66.918 shall be assessed and collected as provided in
s. 66.91 (5).
66.076(8)
(8) The governing body of any municipality, and the officials in charge of the management of the sewerage system as well as other officers of the municipality, shall be governed in the discharge of their powers and duties under this section by
s. 66.069 or
66.071 (1) (e), which are hereby made a part of this section so far as applicable and not inconsistent herewith or, in the case of a metropolitan sewerage district created under
ss. 66.88 to
66.918, by
ss. 66.91 and
66.912.
66.076(9)
(9) If any 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 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 make such other order respecting the complaint as may be just and reasonable. The proceedings under this subsection shall be governed, as far as applicable, by
ss. 196.26 to
196.40. The commission shall bill any expense of the commission attributable to a proceeding under this subsection to the town, village or city under
s. 196.85 (1).
66.076(10)
(10) Judicial review of the determination of the public service commission may be had by any person aggrieved in the manner prescribed in
ch. 227.
66.076(11)
(11) The word "sewerage" as used in this section shall be considered a comprehensive term, including all constructions for collection, transportation, pumping, treatment and final disposition of sewage.
66.076(12)
(12) The authority hereby given shall be in addition to any power which municipalities now 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.
66.076 Annotation
"In lieu of tax" charge was not allowable method of sewerage treatment cost recovery under (4). Fred Rueping Leather Co. v. City of Fond du Lac, 99 W (2d) 1, 298 NW (2d) 227 (Ct. App. 1980).
