66.24(5)(c)
(c)
Waterways. The district shall have power to lay or construct and to forever maintain, without compensation to the state, any part of the utility system, or of its works, or appurtenances, over, upon or under any part of the bed of any river or of any land covered by any of the navigable waters of the state, the title to which is held by the state, and over, upon or under canals or through waterways, and if the same is deemed advisable by the commission, the proper officials of the state are authorized and directed upon application of the commission to execute, acknowledge and deliver such easements, or other grants, as may be proper for the purpose of carrying out the district operations.
66.24(5)(d)
(d)
Bids. Whenever plans and specifications for any facilities have been completed and approved by the commission and by any other agency which must approve the plans and specifications, and the commission has determined to proceed with the work of the construction thereof, it shall advertise by a class 2 notice under
ch. 985, for bids for the construction of the facilities. Contracts for the work shall be let to the lowest responsible bidder, or the agency may reject any and all bids and if in its discretion the prices quoted are unreasonable, the bidders irresponsible or the bids informal, it may readvertise the work or any part of it. All contracts shall be protected by such bonds, penalties and conditions as the district shall require. The commission may itself do any part of any of the works.
66.24(6)
(6) Acquisition of existing facilities. The commission may order that the district shall assume ownership of such existing utility works and facilities within the district as are needed to carry out the purposes of the commission. Appropriate instruments of conveyance for all such property shall be executed and delivered to the district by the proper officers of each municipality concerned. All persons regularly employed by a municipality to operate and maintain any works so transferred, on the date on which the transfer becomes effective, shall be employes of the district, in the same manner and with the same options and rights as were reserved to them in their former employment. The commission, upon assuming ownership of any works, shall become obligated to pay to the municipality amounts sufficient to pay when due all remaining principal of and interest on bonds issued by the municipality for the acquisition or improvement of the works taken over. Such amounts may be offset against any amounts due to be paid by the municipality to the district. The value of any works and facilities taken over by a commission may be agreed upon by the commission and the municipality owning the same. Should the commission and the governing body of the municipality be unable to agree upon a value, the value shall be determined by and fixed by the public service commission after a hearing to be held upon application of either party, and upon reasonable notice to the other party, to be fixed and served in such manner as the public service commission shall prescribe.
66.24(7)
(7) Storm water drainage. The commission may plan, project, construct and maintain storm sewers, works and facilities for the collection, transmission, treatment, disposal or recycling of storm water effluent to the extent such is permitted for sewage.
66.24(8)
(8) Solid waste management. The district may engage in solid waste management and shall for such purposes have all powers granted to county boards under
s. 59.70 (2), except acquisition of land by eminent domain, if each county board having jurisdiction over areas to be served by the district has adopted a resolution requesting or approving the involvement of the district in solid waste management. County board approval shall not be required for the management by the district of such solid wastes as are contained within the sewage or storm water transmitted or treated by the district or as are produced as a by-product of sewerage treatment activities.
66.24(9)
(9) Extraterritorial service by contract. A district may provide service to territory outside the district, including territory in a county not in that district, under
s. 66.30, subject to
ss. 66.20 to
66.26 and
66.902, except that
s. 66.23 (1) does not require the appointment of a commissioner from that territory.
66.24 Annotation
Section 66.24 (5) (c) does not exempt a sewerage district from the requirements of s. 30.12. Cassidy v. Dept. of Natural Resources, 132 W (2d) 153, 390 NW (2d) 81 (Ct. App. 1986).
66.25(1)(a)(a) The commission may make a special assessment against property which is served by an intercepting or main sewer or any other appropriate facility at any time after the commission votes, by resolution recorded in the minutes of its meeting, to construct the intercepting or main sewer or any other appropriate facility, either before or after the work of constructing the sewer or other appropriate facility is done.
66.25(1)(b)
(b) The commission shall view the premises and determine the amount properly assessable against each parcel of land and shall make and file, in their office, a report and schedule of the assessment so made, and file a duplicate copy of the report and schedule in the office of the clerk of the town, village or city wherein the land is situated.
66.25(1)(c)
(c) The commission shall give notice that the report and schedule are on file in its office and in the office of the clerk of the town, village or city in which the land is situated, and that the notice will remain in those offices for a period of 10 days after the date on which the notice is issued; that on the date named in the notice, which shall not be more than 3 days after the expiration of the 10 days, the commission will be in session at its office, the location of which shall be specified in the notice, to hear all objections to the report.
66.25(1)(d)
(d) The notice shall be published as a class 2 notice, under
ch. 985, and a copy of the notice shall be mailed at least 10 days before the hearing or proceeding to every interested person whose post-office address is known, or can be ascertained with reasonable diligence.
66.25(1)(e)
(e) No irregularity in the form of the report, nor of such notice, shall affect its validity if it fairly contains the information required to be conveyed thereby.
66.25(1)(f)
(f) At the time specified for hearing objections to the report, the commission shall hear all parties interested who may appear for that purpose.
66.25(1)(g)
(g) The commission may at the meeting, or at an adjourned meeting, confirm or correct the report, and when the report is so confirmed or corrected, it shall constitute and be the final report and assessment against such lands.
66.25(1)(h)
(h) When the final determination has been reached by the commission it shall publish a class 1 notice, under
ch. 985, that a final determination has been made as to the amounts assessed against each parcel of real estate.
66.25(1)(i)
(i) The owner of any parcel of real estate affected by the determination and assessments may, within 20 days after the date of such determination, appeal to the circuit court of the county in which the land is situated, and
s. 66.60 (12) shall apply to and govern such appeal, however the notice therein required to be served upon the city clerk shall be served upon the district, and the bond therein provided for shall be approved by the commission and the duties therein devolving upon the city clerk shall be performed by the president of the commission.
66.25(1)(j)
(j) The commission may provide that the special assessment may be paid in annual instalments not more than 10 in number, and may, for the purpose of anticipating collection of the special assessments, and after said instalments have been determined, issue special improvement bonds payable only out of the special assessment, and
s. 66.54 shall apply to and govern the instalment payments and the issuance of said bonds, except that the assessment notice shall be substantially in the following form:
INSTALMENT ASSESSMENT NOTICE
Notice is hereby given that a contract has been (or is about to be) let for (describe the improvements) and that the amount of the special assessment therefor has been determined as to each parcel of real estate affected thereby, and a statement of the same is on file with the commission; that it is proposed to collect the same in .... instalments, as provided by
s. 66.54, with interest thereon at ....% per year; that all assessments will be collected in instalments, as above provided, except such assessments as the owners of the property shall, within 30 days from the date of this notice, file with the commission a statement in writing that they elect to pay in one instalment, in which case the amount of the instalment shall be placed upon the next ensuing tax roll.
66.25(1)(k)
(k) The instalment assessment notice shall be published as a class 1 notice, under
ch. 985.
66.25(1)(L)
(L) The commission shall, on or before October 1 in each year, certify in writing to the clerks of the several cities, towns or villages, the amount of the special assessment against lands located in their respective city, town or village for the ensuing year. Upon receipt of such certificate the clerk of each such city, town or village shall forthwith place the same on the tax roll to be collected as other taxes and assessments are collected. Such moneys when collected shall be paid to the treasurer of the district. The provisions of law applicable to the collection of delinquent taxes upon real estate, including sale of lands for nonpayment of taxes, shall apply to and govern the collection of the special assessments and the collection of general taxes levied by the commission.
66.25(1)(n)
(n) The commission may provide for a deferred due date on the levy of the special assessment as to real estate which is in agricultural use or which is otherwise not immediately to receive actual service from the sewer or other facility for which the assessment is made. Such assessments shall be payable as soon as such lands receive actual service from the sewer or other facility. Any such special assessments shall be a lien against the property from the date of the levy. For the purpose of anticipating collection of special assessments for which the due date has been deferred, the commission may issue special improvement bonds payable only out of the special assessments.
Section 66.54 shall apply to and govern the issuance of bonds, except that the assessment notice shall be substantially in the following form:
DEFERRED ASSESSMENT NOTICE
Notice is hereby given that a contract has been (or is about to be) let for (describe the improvements) and that the amount of the special assessment therefor has been determined as to each parcel of real estate affected thereby, and a statement of the same is on file with the commission. It is proposed to collect the same on a deferred basis consistent with actual use of the improvements. All assessments will be collected in instalments, as above provided, except such assessments for which the owners of the property, within 30 days from the date of this notice, file with the commission a statement in writing that they elect not to have the due date deferred, in which case the amount of the levy shall be placed upon the next ensuing tax roll.
66.25(2)
(2) Tax levy. The commission may levy a tax upon the taxable property in the district as equalized by the department of revenue for state purposes for the purpose of carrying out and performing duties under
ss. 66.20 to
66.26 but the amount of any such tax in excess of that required for maintenance and operation and for principal and interest on bonds or promissory notes shall not exceed, in any one year, one mill for each dollar of the district's equalized valuation, as determined under
s. 70.57. The tax levy may be spread upon the respective real estate and personal property tax rolls of the city, village and town areas included in the district taxes, and shall not be included within any limitation on county or municipality taxes. Such moneys when collected shall be paid to the treasurer of such district.
66.25(3)(a)(a) The commission may establish 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 functions authorized by
ss. 66.20 to
66.26, and for the payment of all or part of the principal and interest of any indebtedness incurred thereof.
66.25(3)(b)
(b) The district may charge to the state, county or municipality the cost of service rendered to any state institution, county or municipality.
66.25(5)
(5) Borrowing; tax collection. After the issue of any municipal obligation under
ch. 67, the commission shall, on or before October 1 in each year, certify in writing to the clerks of the several cities, villages or towns having territory in the district, the total amount of the tax to be raised by each such municipality, and upon receipt of such certificate the clerk of each such municipality shall place the same on the tax roll to be collected as other taxes are collected, and such moneys, when collected, shall be paid to the treasurer of the district.
66.25(12)
(12) Exemption from levies. Lands designated as permanent open space, agricultural protection areas or other undeveloped areas not to be served by public sanitary sewer service in plans adopted by a regional planning commission or other area-wide planning agency organized under
s. 66.945 and approved by the board of supervisors of the county in which the lands are located shall not have property taxes, assessments or service charges levied against them by the district.
66.25(13)
(13) Application of other laws. Section 66.076 shall apply to all districts now or hereafter organized and operating under
ss. 66.20 to
66.26.
66.25 Annotation
A metropolitan sewerage district cannot collect a service charge against a vocational school district. Green Bay Met. S. Dist. v. Voc., T. & A. Ed. 58 W (2d) 628, 207 NW (2d) 623.
66.26
66.26
Addition of territory. Territory not originally within a district may be added thereto in the following ways:
66.26(1)
(1) Territory outside the district which becomes annexed for municipal purposes to a city or village, or is added to a town sanitary district under
s. 60.785 (1), which, prior to the annexation or addition, is located entirely within the original district may be added to the district upon receipt by the commission, and the regional planning commission of the region within which the district or the greatest portion of the district is located, of official notice from the city or village that the municipal annexation has occurred or from the town sanitary district that the addition has occurred, except that such territory shall be added under
sub. (2) if, within 30 days after receipt of such notice, that regional planning commission files with the commission a written objection to any part of the annexation or addition or the commission issues a written determination disapproving the addition of the territory under this subsection. Failure of the commission to disapprove the addition of the territory under this subsection is subject to review under
ch. 227.
66.26(2)
(2) Proceedings leading to the addition of other territory to a district may be initiated by petition from a municipal governing body or upon motion of the commission. Upon receipt of the petition or upon adoption of the motion, the commission shall hold a public hearing preceded by a class 2 notice under
ch. 985. The commission may approve the annexation upon a determination that the standards of
ss. 66.22 (4) (b) and
(c) and
66.26 (3) are met. Approval actions by the commission under this section shall be subject to review under
ch. 227.
66.26(3)
(3) Annexations under
subs. (1) and
(2) may be subject to reasonable requirements as to participation by newly annexed areas toward the cost of existing or proposed district facilities.
66.26(4)
(4) Section 66.23 (1) does not require the appointment of a commissioner from territory annexed under this section if that territory, on the day before the annexation, has a population of less than 8.5% of the total population served by the district.
66.27
66.27
Relief from conditions of gifts and dedications. 66.27(1)(1) If the governing body of a county, city, town or village accepts a gift or dedication of land made on condition that the land be devoted to a special purpose, and the condition subsequently becomes impossible or impracticable, such governing body may by resolution or ordinance enacted by a two-thirds vote of its members elect either to grant the land back to the donor or dedicator or the heirs of the donor or dedicator, or accept from the donor or dedicator or the heirs of the donor or dedicator, a grant relieving the county, city, town or village of the condition, pursuant to article XI, section 3a, of the constitution.
66.27(2)(a)(a) If such donor or dedicator or the heirs of the donor or dedicator are unknown or cannot be found, such resolution or ordinance may provide for the commencement of an action under this section for the purpose of relieving the county, city, town or village of the condition of the gift or dedication.
66.27(2)(b)
(b) Any such action shall be brought in a court of record in the manner provided in
ch. 801. A lis pendens shall be filed or recorded as provided in
s. 840.10 upon the commencement of the action. Service upon persons whose whereabouts are unknown may be made in the manner prescribed in
s. 801.12.
66.27(2)(c)
(c) The court may render judgment in such action relieving the county, city, town or village of the condition of the gift or dedication.
66.27 History
History: 1973 c. 189 s.
20; Sup. Ct. Order, 67 W (2d) 585, 774 (1975);
1991 a. 316;
1997 a. 304.
66.28
66.28
Disposal of abandoned property. 66.28(1)
(1) Cities, villages, towns and counties may dispose of any personal property which has been abandoned, or remained unclaimed for a period of 30 days after the taking of possession of the property by the city, village, town or county officers by any means determined to be in the best interest of the city, village, town or county. If the property is not disposed of in a sale open to the public, every city, village, town and county shall maintain an inventory of such property; a record of the date and method of disposal, including the consideration received for the property, if any, and the name and address of the person taking possession of the property. Such inventory shall be kept as a public record for a period of not less than 2 years from the date of disposal of the property. Any means of disposal other than public auction shall be specified by ordinance. If the disposal is in the form of a sale, all receipts from the sale, after deducting the necessary expenses of keeping the property and conducting the sale, shall be paid into the city, village, town or county treasury.
66.28(2)
(2) Cities, villages, towns and counties may safely dispose of abandoned or unclaimed flammable, explosive or incendiary substances, materials or devices posing a danger to life or property in their storage, transportation or use immediately after taking possession of the substances, materials or devices without a public auction. The city, village, town or county, by ordinance or resolution, may establish disposal procedures. Procedures may include provisions authorizing an attempt to return to the rightful owner substances, materials or devices which have a commercial value in the normal business usage and do not pose an immediate threat to life or property. If enacted, any such provision shall include a presumption that if the substance, material or device appears to be or is reported stolen an attempt will be made to return the substance, material or device to the rightful owner.
66.28(3)
(3) Except as provided in
s. 968.20 (3), 1st class cities shall dispose of abandoned or unclaimed dangerous weapons or ammunition without a public auction 12 months after taking possession of them if the owner has not requested their return. Disposition procedures shall be established by ordinance or resolution and may include provisions authorizing an attempt to return to the rightful owner any dangerous weapons or ammunition which appear to be stolen or are reported stolen. If enacted, any such provision shall include a presumption that if the dangerous weapons or ammunition appear to be or are reported stolen an attempt will be made to return the dangerous weapons or ammunition to the rightful owner. The dangerous weapons or ammunition shall be subject to
sub. (4).
66.28(4)
(4) A city, village, town or county may retain or dispose of any abandoned, unclaimed or seized dangerous weapon or ammunition only under
s. 968.20.
66.285
66.285
Interest on late payments. 66.285(1)(a)
(a) "Agency" means any office, department, board, commission or other body under the control of the governing body of a local governmental unit which expends moneys or incurs obligations on behalf of the local governmental unit.
66.285(1)(b)
(b) "Good faith dispute" means any of the following:
66.285(1)(b)1.
1. A contention by an agency, principal contractor or subcontractor that goods delivered or services rendered were of a lesser quantity or quality than ordered or specified by contract, were faulty or were installed improperly.
66.285(1)(b)2.
2. Any other reason giving cause for the withholding of payment by an agency, principal contractor or subcontractor until the dispute is settled.
66.285(1)(c)
(c) "Local governmental unit" means a political subdivision of this state, a special purpose district in this state, an agency or corporation of such a political subdivision or special purpose district, or a combination or subunit of any of the foregoing.
66.285(2)
(2) Interest payable to principal contractors. 66.285(2)(a)(a) Except as provided in
sub. (4) or as otherwise specifically provided, an agency that does not pay timely the amount due on an order or contract shall pay interest on the balance due from the 31st day after receipt of a properly completed invoice or receipt and acceptance of the property or service under the order or contract, whichever is later, or, if the agency does not comply with
s. 66.286, from the 31st day after receipt of an improperly completed invoice or receipt and acceptance of the property or service under the order or contract, whichever is later, at the rate specified in
s. 71.82 (1) (a) compounded monthly.
66.285(2)(b)
(b) For the purposes of
par. (a), a payment is timely if the payment is mailed, delivered or transferred by the later of the following:
66.285(2)(b)1.
1. The date specified on a properly completed invoice for the amount specified in the order or contract.
66.285(2)(b)2.
2. Within 30 days after receipt of a properly completed invoice or receipt and acceptance of the property or service under the order or contract, or, if the agency does not comply with
s. 66.286, within 30 days after receipt of an improperly completed invoice or receipt and acceptance of the property or service under the order or contract, whichever is later.
66.285(3)
(3) Interest payable to subcontractors. 66.285(3)(a)(a) Except as provided in
sub. (4) (e) or as otherwise specifically provided, principal contractors that engage subcontractors to perform part of the work on an order or contract from an agency shall pay subcontractors for satisfactory work in a timely fashion. A payment is timely if it is mailed, delivered or transferred to the subcontractor no later than 7 days after the principal contractor's receipt of any payment from the agency.
66.285(3)(b)
(b) If a subcontractor is not paid in a timely fashion, the principal contractor shall pay interest on the balance due from the 8th day after the principal contractor's receipt of any payment from the agency, at the rate specified in
s. 71.82 (1) (a) compounded monthly.
66.285(3)(c)
(c) Subcontractors receiving payment under this subsection shall pay lower-tier subcontractors, and be liable for interest on late payments, in the same manner as principal contractors are required to pay subcontractors in
pars. (a) and
(b).
66.285(4)
(4) Exceptions. Subsection (2) does not apply to the following:
66.285(4)(a)
(a) Any portion of an order or contract for which the payment, from federal moneys, has not been received.
66.285(4)(b)
(b) An order or contract that is subject to late payment interest or another late payment charge required by another law or rule specifically authorized by law.
66.285(4)(c)
(c) An order or contract between 2 or more agencies of the same local governmental unit.
66.285(4)(d)
(d) An order or contract which provides for the time of payment and the consequences of nontimely payment, if any deviation from the deadlines established in
sub. (2) appears in the original bid or proposal.
66.285(4)(e)
(e) An order or contract under which the amount due is subject to a good faith dispute if, before the date on which payment is not timely, notice of the dispute is sent by 1st class mail, personally delivered or sent in accordance with the procedure specified in the order or contract.
66.285(5)
(5) Appropriation from which paid. An agency that pays interest under this section shall pay the interest only from the appropriation for administration of the program under which the order or contract was made or entered into, unless otherwise directed by the governing body of the local governmental unit.
66.285(6)
(6) Attorney fees. Notwithstanding
s. 814.04 (1), in an action to recover interest due under this section, the court shall award the prevailing party reasonable attorney fees.
66.285 History
History: 1989 a. 233.
66.286
66.286
Improper invoices. If an agency receives an improperly completed invoice, the agency shall notify the sender of the invoice within 10 working days after it receives the invoice of the reason that it is improperly completed.
66.286 History
History: 1989 a. 233.
66.29
66.29
Public works, contracts, bids. 66.29(1)(a)(a) In this section, "person" means an individual, partnership, association, limited liability company, corporation or joint stock company, lessee, trustee or receiver.
66.29(1)(b)
(b) "Municipality" means the state and any town, city, village, school district, board of school directors, sewer district, drainage district, technical college district or any other public or quasi-public corporation, officer, board or other public body charged with the duty of receiving bids for and awarding any public contracts.
