66.91 Annotation
District's method of allocating capital costs based on property values was permissible under this section. City of Brookfield v. Public Service Commission, 186 W(2d) 129, 519 NW (2d) 718 (Ct. App. 1994).
66.911
66.911
Minority financial advisers and investment firms. 66.911(1)(1) In this section, "minority financial adviser" and "minority investment firm" mean a financial adviser and investment firm, respectively, certified by the department of commerce under
s. 560.036 (2).
66.911(2)
(2) The commission shall attempt to ensure that 5% of the total funds expended for financial and investment analysis and for common stock and convertible bond brokerage commissions in each fiscal year is expended for the services of minority financial advisers or minority investment firms.
66.911 History
History: 1991 a. 39;
1995 a. 27, s.
9116 (5).
66.912
66.912
User charges for sewer operation. 66.912(1)
(1)
Declaration of policy. In the interpretation and application of this section, it is declared to be the policy of this state to authorize a district to institute a system of user charges which is designed to recover all or part of the operating costs to the extent required by federal or state law in order to obtain federal or state funding from a user of the sewerage system in the proportion to which the user's waste water discharge contributes to such costs. It is intended that the system be instituted to satisfy but not exceed eligibility requirements of public grants under Title II of the water pollution control act (
33 USC 1251 et seq.) or under any other state or federal law and to satisfy but not exceed any other applicable state or federal law requiring such a system.
66.912(2)
(2) Collection of charges as user fees. A district may, as a complete or partial alternative to any other method of recovering operating costs:
66.912(2)(a)
(a) Compute a uniform schedule of charges based on operating expenses to be recovered from users under this subsection.
66.912(2)(b)
(b) Adopt the uniform schedule of charges computed under
par. (a). The commission may modify the schedule periodically.
66.912(2)(c)
(c) Submit the schedule adopted under
par. (b) and every modification to every municipality within the sewerage service area as early in every calendar year as practicable.
66.912(2)(d)
(d) Bill periodically each municipality within the sewerage service area for the charges due under this subsection.
66.912(3)
(3) Factors in charge schedules. In computing a charge schedule under
sub. (2) (a), the sewerage commission shall require each user to pay the proportion of total operating cost of the system incurred by the transmission and treatment of the user's wastewater. In determining such proportional costs, the sewerage commission shall consider such factors, without limitation because of enumeration, as strength, volume and delivery flow rate characteristics of each user's sewage.
66.912(4)
(4) Collection of fees by municipalities. Every sanitary district organized under
subch. IX of ch. 60 or metropolitan sewerage district organized under
ss. 66.20 to
66.26 billed by a district under
sub. (2) shall in turn bill every city, town or village served by the sanitary district or metropolitan sewerage district organized under
s. 66.20 to
66.26. Every city, town and village billed by a district under
sub. (2), by a sanitary district or metropolitan sewerage district organized under
ss. 66.20 to
66.26 under this subsection shall collect such charges from the individual sewer system users in the city, town or village and shall promptly remit the same to the district. The district may adopt rules for the establishment and administration of collection procedures and the settlement of such collections with the district as required by this section. Under such rules the district may provide for reimbursement of the municipality for the expense of collecting late payments of charges. Each municipality shall pay the district in full within 45 days after receiving a bill from the district. The district or, if the district does not act, every municipality is empowered to levy a penalty for late payment by the user to the municipality. Any city, town or village may collect under
s. 66.076 (7) any charge which is due under this section and which is delinquent. In the event that any municipality does not remit such charges to the district within 45 days of the billing date, the district may borrow moneys, repayable in not longer than 18 months, sufficient to offset such uncollected charges.
66.912(5)
(5) Review by public service commission. Except as provided under
s. 66.899 (2), upon complaint to the public service commission by any user that charges, rules and practices under this section are unreasonable or unjustly discriminatory, according to the standards and criteria which the commission is required to follow under state or federal law, including, without limitation because of enumeration, this section,
33 USC 1251 et seq. and
ch. 283, or upon complaint of a holder of a revenue bond or other evidence of debt, secured by a mortgage on the sewerage system or any part thereof or pledge of the income of sewerage service charges, that charges are inadequate, the public service commission shall investigate the complaint. If sufficient cause therefor appears, the public service commission shall set the matter for a public hearing upon 10 days' notice to the complainant and the commission. After the hearing, if the public service commission determines that the charges, rules or practices complained of are unreasonable or unjustly discriminatory, it shall determine and by order fix reasonable charges, rules and practices and shall make such other order respecting such complaint as may be just and reasonable. The proceedings under this subsection shall be governed, as far as applicable, by
ss. 196.26 to
196.40. The commission may submit the factual data, reports and analyses considered by it in establishing the charges, rules or practices subject to a complaint under this subsection. The public service commission shall give due weight to such data, reports and analyses. Judicial review of the determination of the public service commission may be had by any person aggrieved in the manner prescribed under
ch. 227. If any user pays a charge and the public service commission or court, on appeal from the public service commission, finds such charge, after reviewing a complaint filed under this subsection, to be excessive, the district shall refund to the user the excess plus the interest thereon computed at the rate then paid by the district for borrowing funds for a term of one year or less.
66.914
66.914
Judicial review of compliance schedules. If a court-ordered schedule of compliance affecting the district is reviewed by a court, the court shall take into consideration the availability of state and federal grant funds used to comply with the schedule, the timely achievement of state and federal clean water goals and equity with the efforts of other cities, villages, towns, sanitary districts and metropolitan sewerage districts to comply with the requirements to achieve these goals. In its review the court shall determine what, if any, effect the availability of state and federal grant funds has on the compliance schedule.
66.914 History
History: 1981 c. 282.
66.914 Annotation
Federal and state sewage law discussed. Milwaukee v. Illinois, 451 US 304 (1981).
66.916
66.916
Construction. Nothing in
ss. 66.88 to
66.914 in any way limits or takes away any of the powers of any municipality located in the district, relating to the construction, extension or repair of local or sanitary sewers or drains except that all plans and specifications for the construction of any local or sanitary sewers or extensions thereof shall be submitted to and approved in writing by the district before the sewers are constructed.
66.916 History
History: 1981 c. 282.
66.918
66.918
Validation of debt; liability for diverting funds. 66.918(1)(1)
Debt validation. No legislative, judicial or administrative determination that a district may not spend borrowed money or that a district has spent borrowed money for a purpose other than the stated purpose for which it was borrowed affects the validity of the obligation or the evidence of indebtedness therefor.
66.918(2)
(2) Limitations on actions to contest debts. Section 893.77 applies to all borrowing by a district and to all evidences of indebtedness given therefor.
66.918(3)
(3) Impairments of borrowed money funds. 66.918(3)(a)(a) Any person participating in any impairment of or diversion from a borrowed money fund, debt service fund, special redemption fund, bond security or similar fund of the district is liable in an action brought by a party listed under
par. (b) for the cost of restoring the fund to its proper level.
66.918(3)(b)
(b) The commission, any taxpayer of the district or any holder of an evidence of indebtedness payable in whole or in part out of the fund that is impaired or diverted may commence an action under
par. (a).
66.918 History
History: 1981 c. 282,
391;
1983 a. 207 s.
93 (8).
66.92
66.92
Housing for veterans; authority to promote; state cooperation. 66.92(1)(1) Any county, city, village or town or agency thereof may appropriate money, grant the use of land, buildings or property owned or leased by it, or take such other action as may be deemed advisable or necessary to promote and provide housing for veterans and military personnel.
66.92(2)
(2) In the event that an agency created or designated by a county or municipality to administer anything authorized under this section is unable to secure satisfactory and acceptable bid or bids the agency may nevertheless negotiate necessary contracts authorized by the sponsoring county or municipality subject to the approval of the county or municipality.
66.92(3)
(3) The department of veterans affairs shall furnish any county, city, village, town or agency thereof with information and assistance to facilitate housing for veterans and military personnel. The department of veterans affairs shall call upon the Wisconsin housing and economic development authority for assistance in carrying out the purpose of this subsection. The Wisconsin housing and economic development authority shall furnish such assistance when requested and the salaries and expenses therefor shall be paid out of the appropriation for the department of veterans affairs.
66.925
66.925
Urban homestead programs. 66.925(1)
(1)
Program established. In this section "governing body" means a county board, city council, village board or town board that establishes a program under this section and "property" means any property used principally for dwelling purposes that contains no more than 2 dwelling units and that is owned by a governing body. Any county board, city council, village board or town board may establish an urban homestead program. A program established by a county board under this section applies only to those unincorporated areas of the county in which no program exists. The program shall consist of the conveyance of property at cost under conditions set by the governing body and under the requirements of this section, to any individual or household satisfying eligibility requirements established by the governing body. The governing body may appropriate money for the administration of the program and may take any other action considered advisable or necessary to promote the program, including, but not limited to, the following:
66.925(1)(a)
(a) Acquisition under
ch. 75 of any property which would be eligible for conveyance under the program.
66.925(1)(b)
(b) Acquisition of any other property which would be eligible for conveyance under this program and that is declared unfit for human habitation by any housing code enforcement agency with jurisdiction over the property or that is found to be in substantial noncompliance with local housing codes.
66.925(2)
(2) Conditions of conveyance. As a condition of the conveyance of the property under
sub. (1), the governing body shall require that:
66.925(2)(a)
(a) The property be rehabilitated so that it satisfies all housing-related requirements of applicable law, including, but not limited to, building, plumbing, electrical and fire prevention codes, within a specific period, not to exceed 2 years, after the conveyance.
66.925(2)(b)
(b) The person to whom the property is conveyed live on the premises for a specified period, which may not be less than 3 years.
66.925(2)(c)
(c) The legal title to and ownership of any property conditionally conveyed under this section remain in the governing body until quitclaim deed to the property is conveyed to the individual or household under this subsection. The instrument of a conditional conveyance of property under this subsection shall contain the provision of this paragraph.
66.925(2m)
(2m) Eligibility. The governing body may establish reasonable eligibility criteria and other conditions and requirements necessary to ensure that the purposes of a program under this section are carried out.
66.925(3)
(3) Transfer of title. If an individual or household has resided on property conveyed under this section for the period of time required under
sub. (2) and has rehabilitated and maintained and otherwise complied with the terms of the conditional conveyance under
subs. (2) and
(2m) throughout the period, the governing body shall convey to the individual or household, by quitclaim deed, all of the body's reversionary interests in the property.
66.925(4)
(4) Mortgages. If an individual or household obtains a mortgage from a lending institution and uses the proceeds of the mortgage solely for the purposes of rehabilitating or constructing the premises or property under this section, the governing body shall agree to subjugate its rights to the premises or property in case of default, and shall agree that in such case it will execute and deliver a deed conveying title in fee simple to the institution, provided that the institution shall dispose of the property in like manner as foreclosed real estate and shall pay over any part of the proceeds of the disposition as shall exceed the amount remaining to be paid on account of the mortgage together with the actual cost of the sale, to the governing body. In return for relinquishing such rights, the governing body shall be given by the lending institution the opportunity to find, within 90 days of the default, another individual or household to assume the mortgage obligation.
66.925 History
History: 1981 c. 231; Stats. 1981 s. 66.91;
1981 c. 391 s.
80; Stats. 1981 s. 66.925;
1987 a. 378;
1993 a. 246.
66.925 Note
NOTE: Chapter 231, laws of 1981, section
2, which created this section, contains legislative "findings and purpose" in section 1.
66.93
66.93
Sites for veterans' memorial halls. Any city, town or village may donate to any organization specified in
s. 70.11 (9) land upon which is to be erected a memorial hall to contain the memorial tablet specified in said section.
66.935
66.935
Mass transit bonding. 66.935(1)(a)
(a) "Political subdivision" means a county, city, village or town.
66.935(1)(b)
(b) "Public transit body" means any transit or transportation commission or authority and public corporation established by law or by interstate compact to provide mass transportation services and facilities.
66.935(2)
(2) In addition to the provisions of any other statutes specifically authorizing cooperation between political subdivisions or public transit bodies, unless such statutes specifically exclude action under this section, any political subdivision or public transit body may, for mass transit purposes, issue bonds or, with any other political subdivision or public transit body, jointly issue bonds.
66.935 History
History: 1991 a. 282.
66.94
66.94
Metropolitan transit authority. 66.94(1)
(1)
Definitions. The following terms when used in this section, unless a different meaning clearly appears from the context, shall have the following meanings:
66.94(1)(a)
(a) "Authority" means any metropolitan transit authority established pursuant to this section.
66.94(1)(b)
(b) "Board" means the metropolitan transit board.
66.94(1)(c)
(c) "Bonds" shall mean any bonds, interim certificates, certificates of indebtedness, equipment obligations, notes, debentures or other obligations of the authority, issued pursuant to this section.
66.94(1)(d)
(d) "Contract" shall mean any agreement of the authority whether contained in a resolution, trust indenture, lease, bond or other instrument.
66.94(1)(e)
(e) "Metropolitan district" or "district" embraces all the territory in any county having a population of 125,000 or more and in those cities, villages and towns located in counties immediately adjacent thereto having a population of less than 125,000, through or into which a transportation system extends from such county.
66.94(1)(f)
(f) "Municipalities" means cities, villages and towns.
66.94(1)(g)
(g) "Obligee of the authority" or "obligee" shall include any bondholder, trustee or trustees for any bondholders, any lessor, demising property to the authority used in connection with the function of the transit board, or any assignee or assignees of such lessor's interest, or any part thereof, and the United States of America when it is a party to any contract with the authority.
66.94(1)(h)
(h) "Real property" shall include lands, lands under water, structures, and any and all easements, franchises and incorporeal hereditaments, and every estate and right therein, legal and equitable, including terms for years and liens by way of judgments, mortgages or otherwise.
66.94(1)(i)
(i) "Transportation system" means all land, shops, structures, equipment, property, franchises and rights of whatever nature required for transportation of passengers for hire, freight and express, except all transportation facilities extending beyond the boundaries of the metropolitan district, and except all express and freight operations not operated in combination with transportation of passengers, including, however, without limitation, elevated railroads, subways, underground railroads, motor vehicles, motor buses, and any combination thereof, or any other form of mass transportation operation.
66.94(1)(j)
(j) "Trust indenture" shall include instruments pledging the revenues of real or personal properties.
66.94(2)
(2) Creation of the authority. There is hereby authorized to be created in each county having a population of 125,000 or more a political subdivision, body politic and corporate of the state, under the name of "Metropolitan Transit Authority" which shall exercise the powers conferred by this section within the metropolitan district of which such county is a part.
66.94(3)
(3) Original exercise of powers. The authority shall not exercise any of the powers hereby granted until both of the following have occurred:
66.94(3)(a)
(a) This section is adopted by the electors of one or more cities, villages and towns having a population in the aggregate of more than 100,000 within the metropolitan district; and
66.94(3)(b)
(b) The legislative body of the municipality in such district then having more than 50 per cent of public transportation routes, computed upon a mileage basis, enacts an ordinance that accepts the authority for such municipality and designates the date when such authority shall commence to exercise its powers granted under this section. Repeal of that ordinance, subsequent to the exercise by the authority of such powers, shall not affect the continuation of the authority's operations or the exercise of its powers.
66.94(4)
(4) Manner of adoption. This section may be adopted by any city, village or town within the metropolitan district in the following manner: The governing body of any municipality, by ordinance passed at least 30 days prior to submission of the question, may direct that the question of the adoption of this section be submitted to the electors therein at any general, special, judicial or local election. The clerk of such municipality or the election commission of any city of the first class shall thereupon submit the question to popular vote. Public notice of the election shall be given in the same manner as in case of a regular municipal election except that such notice shall be published or posted at least 20 days prior to the election. If a majority of those voting on the question vote in the affirmative thereon, this section shall be adopted in such municipality. The proposition on the ballot to be used at such election shall be in substantially the following form:
Shall section 66.94 of the Wisconsin statutes which creates a metropolitan transit authority for ownership and operation of a public mass transportation system in the metropolitan district be adopted?
YES ⍽ NO ⍽
66.94(5)(a)(a)
Actions, seal, office. The authority may sue and be sued in its corporate name. It may adopt a corporate seal and change the same at pleasure. The principal office of the authority shall be located within the metropolitan district.
66.94(5)(b)
(b)
Exempt from taxation. The authority, its property (real or personal), franchises and income and the bonds, certificates and other obligations issued by it, and the interest thereon, shall be exempt from all income taxes and taxes based on the value of property by the state, any county, municipality, public corporation or other political subdivision or agency of the state.
66.94(5)(c)1.1. In lieu of the property taxes levied under
subch. I of ch. 76, and in lieu of the income or franchise taxes levied under
ch. 71 which, but for
par. (b), would be due and payable, there shall be paid to the state treasurer, as a tax equivalent to but not in excess of property taxes and income or franchise taxes, the net revenues of the next preceding year, after the payment of all of the following:
66.94(5)(c)1.a.
a. All operating costs, including all charges which may be incurred pursuant to
subs. (29) and
(34) and all other costs and charges incidental to the operation of the transportation system.
66.94(5)(c)1.b.
b. Interest on and principal of all bonds payable from said revenues and to meet all other charges upon such revenues as provided by any trust agreement executed by the authority in connection with the issuance of bonds or certificates.
66.94(5)(c)1.c.
c. All costs and charges incurred pursuant to
subs. (32) and
(33) and any other costs and charges for acquisition, installation, construction or replacement or reconstruction of equipment, structures or rights-of-way not financed through the issuance of bonds or certificates under
sub. (15) or
s. 66.935.
66.94(5)(c)1.d.
d. Any compensation required to be paid to any municipality for the use of streets, viaducts, bridges, subways and other public ways.
66.94(5)(c)2.
2. Deficiencies in any annual tax equivalent shall not be cumulative.
66.94(6)
(6) Members of the board. The governing and administrative body of the authority shall be a board consisting of 7 members to be known as the metropolitan transit board. Members of the board must live within the metropolitan district. They shall be persons of recognized business ability. No member of the board or employe of the authority shall hold any other office or employment under the federal, state or any county or any municipal government except as honorary office without compensation or an office in the military service. No member of the board shall hold any other office in or be employed by the authority. No member of the board or employe of the authority shall have any private financial interest or profit directly or indirectly in any contract, work or business of the authority nor in the sale of or lease of any property to or from the authority. No member of the board shall be paid any salary, fee or compensation for services except that the member shall be reimbursed for actual expenses incurred in the performance of duties.
66.94(7)(a)(a)
Appointment and terms of office. The members of the board shall hold office for terms of 7 years, except for the initial terms herein provided. Three members shall be appointed by the mayor and confirmed by the common council of the city having the largest population within the district. These appointments shall be for initial terms of 1, 3 and 7 years, respectively. Three members shall be appointed by the governor for initial terms of 2, 4 and 6 years, respectively. The 6 members so appointed will nominate the seventh member by majority vote for an initial term of 5 years, and the appointment of the seventh member shall be approved and made by the governor. If no seventh member is nominated either by the original board within 60 days of its appointment, or by any subsequent board within 60 days after a vacancy occurs in the office of the seventh member, then the governor shall appoint the seventh member. At the expiration of initial terms, successors shall be appointed in the same manner for terms of 7 years. Five members shall constitute a quorum.
66.94(7)(b)
(b)
Successors, vacancies. Successors to members shall be appointed in the same manner as their predecessors. In the event of a vacancy, a successor shall be appointed in like manner. In addition to death, resignation, legal incompetency or conviction of a felony, a member's office is vacated in the event the member's permanent residence is removed from the district.
66.94(8)
(8) Resignations and removals. Any member may resign from office to take effect when a successor has been appointed and is qualified. The appointing authority may remove any member of the board appointed by the appointing authority in case of incompetency, neglect of duty or malfeasance in office. They may give the board member a copy of such charges and an opportunity to be heard publicly thereon in person or by counsel upon not less than 10 days' notice. Upon failure of a member to qualify within the time required or upon a member's abandonment of or removal from office, the member's office shall become vacant.
66.94(9)
(9) General powers. The authority shall have power to acquire, construct or operate and maintain for public service a transportation system or systems or any part thereof in the district and the power to dispose of the same and to enter into agreement for the operation of such system or parts thereof with others and all other powers necessary or convenient to accomplish the purposes of this section.
66.94(10)
(10) Power to acquire existing transportation facilities. The authority may acquire by purchase, condemnation, lease, gift or otherwise, all or any part of the plant, equipment, rights and property, reserve funds, employe's pension or retirement funds, special funds, franchises, licenses, patents, permits, and papers, documents and records belonging to any person or public body operating a transportation system within the district, and to lease any municipality or privately owned facilities for operation and maintenance by the authority.
