66.076
66.076
Sewerage system, service charge. 66.076(1)(a)(a) 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 or storm water and surface water, including the lateral, main and interceptor sewers necessary in connection therewith, and any town, village or city may arrange for the service to be furnished by a metropolitan sewerage district or joint sewerage system. Except as provided in
s. 66.60 (6m), payment for a sewerage project [or] service described in this paragraph, or any part of the [such] project [or] service, 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 Note
NOTE: Par. (a) is shown as affected by two acts of the 1997 legislature and as merged by the revisor under s. 13.93 (2) (c). Each bracketed "or" is added to correct grammar. The bracketed "such" is rendered surplusage by the merger. Corrective legislation is pending.
66.076(1)(b)
(b) If the extension of a sewer line or water main that is described under
par. (a) is required because of a new subdivision, as defined in
s. 236.02 (12), or commercial development, the municipality may recoup some or all of the costs that it has incurred for the extension by a method described under
par. (a) or by any other method of financing agreed to by the municipality and the developer. If a person, whose property is outside of the subdivision for which a developer is paying, or has paid, the costs of a sewerage project under this paragraph, connects an extension into the sewerage project after the amount is established that the developer is required to pay under this paragraph, that person shall pay to the developer an amount determined by the public service commission. The public service commission shall promulgate rules to determine the amount that such a person shall pay to a developer. The rules promulgated under this paragraph shall be based on the benefits accruing to the property that connects an extension into the sewerage project.
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)(a)(a) For the purpose of making equitable charges for all services rendered by the sanitary 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(5)(b)
(b) For the purpose of making equitable charges for all services rendered by a storm water and surface water sewerage system to users, the property served may be classified, taking into consideration the volume or peaking of storm water or surface water discharge that is caused by the area of impervious surfaces, topography, impervious surfaces and other surface characteristics, extent and reliability of mitigation or treatment measures available to service the property, apart from measures provided by the storm water and surface water sewerage system, and any other considerations that are reasonably relevant to a use made of the storm water and surface water sewerage system. The charges may also include standby charges to property not yet developed with significant impervious surfaces for which capacity has been made available in the storm water and surface water sewerage system.
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, including, in the case of standby charges imposed under
sub. (5) (b), 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 the original notice of charge or after receiving a notice of charge that relates to an increased standby charge. 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 or storm water and surface water.
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
A charge "in lieu of tax" was not an allowable method of sewerage treatment cost recovery under sub. (4). Fred Rueping Leather Co. v. City of Fond du Lac, 99 W (2d) 1, 298 NW (2d) 227 (Ct. App. 1980).
66.076 Annotation
The PSC is not authorized by sub. (9) to set rates retroactively or to order refunds. Kimberly-Clark Corp. v. Public Service Comm. 110 W (2d) 455, 329 NW (2d) 143 (1983).
66.077
66.077
Combining water and sewer utilities. 66.077(1)
(1) Any 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 equipment necessary in connection therewith. Such plant and equipment, whether the structures and equipment for the furnishing of water and for the disposal of sewage shall be combined or separate, may by ordinance be constituted a single public utility.
66.077(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.
66.077(3)
(3) Any 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.
66.077 History
History: 1981 c. 390;
1995 a. 378.
66.078
66.078
Refunding village, town, sanitary and inland lake district bonds. Any 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 bonds may be issued as provided in
s. 66.066 (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 subject to the prior lien and claim of all bonds issued to refund revenue bonds issued prior to the refunding.
66.079
66.079
Parking systems. 66.079(1)(1) Any 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 governing the issuance of revenue bonds apply, so far as applicable, to revenue bonds issued under this subsection. The municipal parking systems are public utilities under
article XI, section 3, of the constitution. 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 facility financed by a revenue bond issued under this subsection shall 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.
66.079(2)
(2) Any municipality empowered to create a parking system under
sub. (1) may finance and operate any part of such system in the following manner:
66.079(2)(a)
(a) The cost of constructing any parking system or facility, including the cost of the land, may be assessed against a benefited area, such benefited area and assessments to be determined in the manner prescribed by either
subch. II of ch. 32 or
s. 66.60, except that the number of annual instalments in which such assessment is payable shall not exceed 20.
66.079(2)(b)
(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 area and such assessments to be determined in the manner prescribed by either
subch. II of ch. 32 or by
s. 66.60. Such costs may include a payment in lieu of taxes, operating, maintenance and replacement costs, and interest on any unpaid capital cost.
66.079(2)(c)
(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.
66.079(2)(d)
(d) No assessment, as authorized in
par. (a) or
(b), shall be made against any property used wholly for residential purposes.
66.08
66.08
Utilities, special assessments. 66.08(1)
(1) Whenever any city, village or town shall construct or acquire 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 city, village or town may assess the whole or any part 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.
66.08(2)
(2) Such special assessments may be made payable and certificates or bonds issued under
s. 66.54. 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.
66.08 History
History: 1993 a. 246.
66.081
66.081
Record of orders and court certificates. The clerk of every town, village, city and county which is not provided with a book which serves the purposes indicated in this section shall obtain and keep a cancellation book in which the clerk shall enter the number and date of each order drawn upon the treasurer of the town, city, village or county, the page of the record of the proceedings of the body which authorized the issuing of the order, the amount thereof, the name of the drawee, the purpose for which it was allowed and the date of its cancellation. The book shall be furnished by the clerk of each county to the town, city and village clerks therein. The clerk of each county shall prescribe the form and size thereof and procure it at the expense of the county. Upon their receipt the clerk of the county shall transmit the books to the clerks and charge their cost to the municipalities to which supplied. When directed by the court in any county the clerk of the court shall file with the county clerk a list of the court certificates drawn on the county treasurer. The list shall specify the number of each certificate, its date, the amount for which it was drawn, the name of the payee and the character of the service performed by the clerk of the court. The list shall be recorded in a part of the cancellation book set apart for that purpose. The part shall contain a blank column in which shall be entered the date of the cancellation of each certificate. Whenever a town, village, city or county treasurer pays or receives in payment of taxes, or for any other purpose equivalent to the payment thereof, any order or court certificate, the treasurer shall return the order or certificate to the proper authorities at their first meeting thereafter. The evidences of indebtedness shall be canceled by destroying them, and the date of their cancellation shall be immediately entered by the proper clerk in the cancellation book. Every clerk on the receipt of the book shall enter therein a list of all orders and court certificates which remain outstanding and unpaid.
66.081 History
History: 1977 c. 449.
66.082
66.082
Regulation of cable television by municipalities. 66.082(1)(a)1.
1. The federal cable communications policy act of 1984 authorizes, and, for systems installed and services provided after July 1, 1984, requires, the award of a franchise to a cable operator.
66.082(1)(a)2.
2. The practice of individual municipalities in this state prior to December 29, 1984, requiring a franchise for operation of a cable television system within their respective boundaries conformed to the policy and regulations issued by the federal communications commission.
66.082(1)(a)3.
3. Prior to December 29, 1984, federal law did not prohibit requiring compensation for operation of a cable television system in a city, town or village.
66.082(1)(a)4.
4. The federal cable communications policy act of 1984 authorizes a city, town or village to impose a limited franchise fee based on the gross revenues a cable operator derives from operation of a cable television system in the city, town or village.
66.082(1)(a)5.
5. Section 637 of the federal communications policy act of 1984 reaffirms the authority of cities, towns and villages to award cable television system franchises and maintains the integrity of existing franchises.
66.082(1)(a)6.
6. Regulation of cable television services by cities, towns and villages is necessary to ensure citizens adequate and efficient cable television service and to protect and promote public health, safety and welfare.
66.082(1)(a)7.
7. It is in the public interest to maintain the authority of cities, towns and villages to grant and revoke cable television franchises, require the payment of franchise fees and establish rates charged to customers by franchise holders.
66.082(1)(b)
(b) In this section the legislature intends to:
66.082(1)(b)1.
1. Clarify the legislature's position on certain antitrust and franchise fee and other compensation issues which affect the cities, towns and villages of this state, which are related to the regulation of cable television services and which have arisen in recent state and federal court actions.
66.082(1)(b)2.
2. Reaffirm the policy of the legislature, which is to provide that the exercise of the police power of this state concerning cable television service remain in the cities, towns and villages of this state.
66.082(1)(b)3.
3. Authorize cities, towns and villages to impose franchise fees for the purpose of raising general revenue.
66.082(1)(b)4.
4. Maintain the spirit of the compromise between the cable industry and municipalities effected under the federal cable communications policy act of 1984, the enactment of which the municipalities agreed to support because it provides for their clear right to impose and collect a limited franchise fee based on cable operator income or gross revenues.
66.082(2)(a)
(a) "Affiliate", when used in relation to any person, means another person who owns or controls, is owned or controlled by, or is under common ownership control with such person.
66.082(2)(b)
(b) "Cable operator" means any person who provides cable service over a cable television system and who:
66.082(2)(b)1.
1. Directly or through one or more affiliates owns a significant interest in the cable television system; or
66.082(2)(b)2.
2. Otherwise controls or is responsible for, through any arrangement, the management and operation of the cable television system.
66.082(2)(c)1.
1. The one-way transmission to subscribers of video programming or of other programming service; and
66.082(2)(c)2.
2. Subscriber interaction, if any, which is required for the selection of such video programming or other programming service.
66.082(2)(d)
(d) "Cable television system" means a facility which consists of a set of closed transmission paths and associated signal generation, reception and control equipment designed to provide cable service which includes video programming and which is provided to multiple subscribers within a community. "Cable television system" does not include any of the following:
66.082(2)(d)1.
1. A facility which serves only to retransmit the television signals of one or more television broadcast stations.
66.082(2)(d)2.
2. A facility that serves only subscribers in one or more multiunit dwellings under common ownership, control or management unless such facility uses any public right-of-way.
66.082(2)(d)3.
3. A facility of a common carrier which is subject, in whole or in part, to the provisions of
47 USC 201 to
222, except that the facility is a cable television system to the extent that the facility is used in transmission of video programming directly to subscribers.
66.082(2)(d)4.
4. Any facility of any electric utility used solely for operating its electric utility system.
66.082(2)(e)
(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.
66.082(2)(f)
(f) "Municipality" means a city, village or town.
66.082(2)(g)
(g) "Other programming service" means information which a cable operator makes available to all subscribers generally.
66.082(2)(h)
(h) "Video programming" means programming provided by, or generally considered comparable to, programming provided by a television broadcast station.
66.082(3)
(3) Franchises. A municipality may operate or regulate a cable television system and in such operation and regulation may, without limitation because of enumeration:
66.082(3)(b)
(b) Grant or revoke one or more franchises authorizing the construction and operation of a cable television system and govern the operation of any franchise granted.
66.082(3)(c)
(c) Require the payment of franchise fees which, notwithstanding
s. 66.70, may be based on the income or gross revenues of a cable television system, or measured by such income or gross revenues.
66.082(3)(d)
(d) Contract for operation of a municipally owned cable television system.
66.082(3)(e)
(e) Establish rates and regulate services to the extent provided under federal law.
66.082(4)
(4) Construction. The authority granted under this section to a municipality to operate and regulate a cable television system is in addition to any other power which the municipality has and the authority of a municipality to operate and regulate a cable television system is limited only by the express language of this section.
66.082(5)(a)(a) A cable operator shall give the municipality that authorized its franchise at least 90 days' advance written notice of the cable operator's intention to transfer ownership or control of a cable television system. During the term of a franchise agreement, a cable operator may not transfer ownership or control of a cable television system without the approval of the municipality that authorized the franchise. A municipality may not withhold approval of an ownership transfer or a transfer of control without good cause. If a hearing is necessary to determine if a transfer may have an adverse effect, a municipality may schedule a hearing to take place within 45 days after the date on which the municipality receives the notice. If a municipality withholds approval of an ownership transfer or a transfer of control, the municipality shall state its objections to the transfer in writing within 60 days after the date on which the municipality receives the notice. Under this paragraph, a transfer of control is presumed to occur if 40% or more of the ownership interest in a cable television system is transferred.
66.082(5)(am)
(am) If 10% or more of the ownership interest in a cable television system is transferred, the cable operator shall inform the municipality that authorized its franchise of the transfer in writing within 30 days after the date of the transfer.
66.082(5)(c)
(c) The provisions of this subsection may be varied under a written franchise agreement that is entered into, renewed, extended or modified after May 14, 1992.
66.082 History
History: 1985 a. 29;
1991 a. 296.
66.083
66.083
Transient merchants. Cities and villages 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.
66.083 History
History: 1989 a. 301,
359.
