66.94(26)
(26) Manner of handling funds. All funds shall be deposited in the name of the authority and shall be withdrawn only by check or draft signed in the manner as provided by the board. The board may designate any of its members or any employe to affix the signature of the chairperson and another to affix the signature of the treasurer to any check or draft for payment of salaries or wages and for the payment of any other obligation of not more than $1,000. In case any officer whose signature appears upon any check, draft, bond, certificate or interest coupon, issued pursuant to this section, ceases to hold office, the signature nevertheless shall be valid and sufficient for all purposes with the same effect as if that officer had remained in office.
66.94(27)
(27) Appointment of a general manager. The board shall appoint a general manager who shall be a person of recognized ability and experience in the operation of transportation systems to hold office during the pleasure of the board. The general manager shall have management of the properties and business of the authority and the employes thereof, subject to the general control of the board. The general manager shall direct the enforcement of all ordinances, resolutions, rules and regulations of the board, and shall perform such other duties as may be prescribed from time to time by the board. The board may appoint a general attorney and a chief engineer, and shall provide for the appointment of such other officers, attorneys, engineers, consultants, agents and employes as may be necessary for the construction, extension, operation, maintenance and policing of its properties. It shall define their duties and may require bonds of them. The general manager, general attorney, chief engineer and all other officers provided for under this subsection shall be exempt from subscribing any oath of office. The compensation of all officers, attorneys, consultants, agents and employes shall be fixed by the board.
66.94(28)
(28) Supervision of officers and employes. The board shall classify all the officers, positions and grades of regular employment required, excepting that of the general manager, secretary, treasurer, general attorney, and chief engineer, with reference to the duties thereof and the compensation fixed therefor, and adopt rules governing appointments to any of such offices or positions on the basis of merit and efficiency. No discrimination shall be made in any appointment or promotion because of sex, race, creed, color, or political or religious affiliation. No officer or employe shall be discharged or demoted except for cause which is detrimental to the service. Any officer or employe who is discharged or demoted may file a complaint in writing with the board within 10 days after notice of the person's discharge or demotion. If any employe is a member of a labor organization, the complaint may be filed by such organization for and in behalf of such employe. The board shall grant a hearing on such complaint within 30 days thereafter. The time and place of the hearing shall be fixed by the board and due notice thereof given to the complainant, the labor organization by or through which the complaint was filed and the general manager. The hearing shall be conducted by the board, or any member thereof or any officers' committee or employes' committee appointed by the board. The complainant may be represented by counsel. If the board finds, or approves a finding of the member or committee appointed, that the complainant has been unjustly discharged or demoted, the complainant shall be restored to the person's office or position with back pay. The decision of the board shall be final and not subject to review. The board may abolish any office or reduce the force of employes for lack of work or lack of funds, but in so doing the officer or employe with the shortest service record in each class and grade shall be first released from service and shall be reinstated in order of seniority when additional force of employes is required.
66.94(29)(a)(a)
Collective bargaining. The authority shall have the same rights, duties and obligations with respect to collective bargaining by and with its employes as do public utility corporations.
66.94(29)(b)
(b)
Employes of existing systems. If the authority acquires any existing transportation system or part thereof, all of the employes in the operating and maintenance divisions of such system or part thereof and all other employes, except executive officers, shall be transferred to and appointed as employes of the authority, subject to all rights and benefits of this section, and such employes shall be given seniority credit in accordance with the records of their previous employer.
66.94(29)(c)
(c)
Retirement systems. Members and beneficiaries of any pension or retirement system or other benefits established by such previous employer shall continue to have the rights, privileges, benefits, obligations and status with respect to such established system except as provided by
s. 66.944. The authority shall establish and maintain a sound pension and retirement system adequate to provide for all payments when due under such established system or as modified from time to time by ordinance of the board. For this purpose, both the board and the participating employes shall make such periodic payments to the established system as may be determined by such ordinance. The board, in lieu of social security payments, shall make payments into such established system at least equal in amount to the amount so required to be paid by private corporations. Provision shall be made by the board for all officers and employes of the authority appointed under this section to become, subject to reasonable rules and regulations and
s. 66.944, members or beneficiaries of the pension or retirement system with uniform rights, privileges, obligations and status as to the class in which such officers and employes belong.
66.94(30)
(30) Establishment of fares and standards of service. 66.94(30)(a)(a) Powers of board. The board shall, notwithstanding any law to the contrary, have exclusive authority and it shall be its duty to establish rates, fares and other charges, and to make all rules and regulations for the operation of the transportation system. The board shall also have the authority, subject to the jurisdiction of the department of transportation or office of the commissioner of railroads as to the reasonableness and adequacy thereof, to determine and make effective standards of service, and to establish, change, extend, shorten or abandon routings all in accordance with the statutes in such cases made and provided subject to the provisions of any ordinance of any municipality granting rights to the authority.
66.94(30)(b)
(b)
Fares. Rates, fares and other charges for transportation shall be so fixed that revenues shall at all times be sufficient in the aggregate for:
66.94(30)(b)1.
1. Payment of 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(30)(b)2.
2. Payment of interest 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;
66.94(30)(b)3.
3. Payment of 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; and
66.94(30)(b)4.
4. Any compensation required to be paid to any municipality for the use of streets, viaducts, bridges, subways and other public ways.
66.94(30m)
(30m) Limitation on service. Notwithstanding any other provision of this section, no authority may provide service outside the corporate limits of the metropolitan district for which the authority is established unless the authority receives financial support for the service pursuant to a contract with a public or private organization for such service. This subsection does not apply to service provided by an authority outside the corporate limits of the metropolitan district for which the authority is established if the authority is providing the service on April 28, 1994, without receiving financial support from a public or private organization for the service, and elects to continue such service.
66.94(31)
(31) Charges for government transportation. The board may provide free transportation within any municipality in which they are employed for fire fighters when in uniform, and police officers when in uniform and when not in uniform and certified for special duty and for its employes when in uniform or upon presentation of identification, and may enter into agreements with the United States post office department for the transportation of mail and the payment of compensation in lieu of fares for the transportation of letter carriers when in uniform.
66.94(32)
(32) Modernization fund. It shall be the duty of the board, as promptly as possible, to rehabilitate, reconstruct and modernize all portions of any transportation system acquired by the authority and to maintain at all times an adequate and modern transportation system suitable and adapted to the needs of the municipalities served, and for safe, comfortable and convenient service. To that end the board shall establish a modernization fund which shall include, but is not limited to cash in renewal, equipment or depreciation funds which are part of transportation systems or part thereof acquired by the authority and any excess cash derived from the sale of revenue bonds or certificates. The moneys in the modernization fund shall be disbursed for the purpose of acquiring or constructing extensions and improvements and betterment of the system, to make replacements of property damaged or destroyed or in necessary cases where depreciation fund is insufficient, to purchase and cancel its revenue bonds and certificates prior to their maturity at a price not exceeding par, and to redeem and cancel its revenue bonds and certificates according to their terms. The board may make temporary loans from the modernization fund for use as initial working capital.
66.94(33)
(33) Depreciation policy. To assure modern, attractive transportation service the board may establish a depreciation policy which makes provision for the continuous and prompt replacement of worn out and obsolete property and the board may make provision for such depreciation of the property of the authority as is not offset by current expenditures for maintenance, repairs and replacements. The board from time to time shall make a determination of the relationship between the service condition of the properties of the authority and the then established depreciation rates and reserves and may make adjustments or modifications of such rates in such amounts as it may deem appropriate because of experience and estimated consumption of service life of road, plant and equipment.
66.94(34)(a)(a)
Establishment of fund. The board shall withdraw from the gross receipts of the authority and charge to operating expenses such an amount of money as in the opinion of the board shall be sufficient to provide for the adjustment, defense and satisfaction of all suits, claims, demands, rights and causes of action and the payment and satisfaction of all judgments entered against the authority for damage caused by injury to or death of any person and for damage to property resulting from the construction, maintenance and operation of the transportation system. The board shall deposit such moneys in a fund to be known and designated as the damage reserve fund.
66.94(34)(b)
(b)
Use of fund. The board shall use the moneys in the damage reserve fund to pay all expenses and costs arising from the adjustment, defense and satisfaction of all suits, claims, demands, rights and causes of action and the payment and satisfaction of all judgments entered against the authority for damages caused by injury to or death of any person and for damage to property resulting from the construction, maintenance and operation of the transportation system.
66.94(34)(c)
(c)
Liability insurance. The cost of obtaining and maintaining insurance against such contingencies shall be paid out of the moneys in the damage reserve fund. All moneys received from such insurance coverage or protection shall be paid into the damage reserve fund.
66.94(34)(d)
(d)
Worker's compensation. The authority and its employes shall be subject to
ch. 102.
66.94(35)
(35) Claims against authority for personal injuries, deaths or property damages. Civil actions to enforce claims against the authority for personal injuries, wrongful deaths or property damages may be commenced and prosecuted.
66.94(36)
(36) Special funds. The authority may establish and create such other and additional special funds as may be found desirable by the board and in and by such ordinances may provide for payments into all special funds from specified sources with such preferences and priorities as may be deemed advisable and may also by any such ordinances provide for the custody, disbursement and application of any moneys in any such special funds consistent with the provisions of this section.
66.94(37)(a)1.1. All contracts for the sale of property of the value of more than $2,500 or for any concession in or lease of property of the authority for a term of more than one year shall be awarded to the highest responsible bidder, after advertising for bids by publishing a class 2 notice, under
ch. 985.
66.94(37)(a)2.
2. All construction contracts and contracts for supplies, materials, equipment and services, when the expense thereof will exceed $2,500, shall be let to the lowest responsible bidder, after advertising for bids, except:
66.94(37)(a)2.a.
a. When by vote of at least 5 members of the board, it is determined that an emergency requires immediate delivery of supplies, materials or equipment or performance of services;
66.94(37)(a)2.b.
b. When repair parts, accessories, equipment or services are required for equipment or services previously furnished or contracted for;
66.94(37)(a)2.c.
c. When the nature of the services required is such that competitive bidding is not in the best interest of the public, including, without limiting the generality of the foregoing, the services of accountants, architects, attorneys, engineers, physicians, superintendents of construction, and others possessing a high degree of skill; or
66.94(37)(a)2.d.
d. When services such as water, light, heat, power, telecommunications or telegraph are required.
66.94(37)(a)3.
3. All contracts involving less than $2,500 shall be let by competitive bidding whenever possible, and in any event in a manner calculated to insure the best interests of the public.
66.94(37)(b)1.1. In determining the responsibility of any bidder, the board may take into account the following:
66.94(37)(b)2.
2. Each contract described in
par. (a) shall be awarded to the highest bidder, in the case of a sale, concession or lease, or to the lowest bidder, in the case of a purchase or expenditure, unless the award of the contract to another bidder meets all of the following conditions:
66.94(37)(b)2.a.
a. Is authorized or approved by a vote of at least 5 members of the board.
66.94(37)(b)2.b.
b. Is accompanied by a statement in writing setting forth the reasons that the contract is being awarded to other than the highest or lowest bidder, as applicable. The statement shall be kept on file in the principal office of the authority and open to public inspection.
66.94(37)(c)
(c)
Evasion, collusion. Contracts shall not be split into parts involving expenditure of less than $2,500 for the purpose of avoiding the provisions of this section, and all such split contracts shall be void. If any collusion occurs among bidders or prospective bidders in restraint of freedom of competition, by agreement to bid a fixed amount or to refrain from bidding or otherwise, the bids of such bidders shall be void. Each bid shall be accompanied by the bidder's sworn statement that the bidder has not been a party to any such agreement.
66.94(37)(d)
(d)
Employes not to bid. Members of the board, officers and employes of the authority, and their relatives within the fourth degree by the terms of the civil law, are forbidden to be interested directly or indirectly in any contract for construction or maintenance work or for the delivery of materials, supplies or equipment.
66.94(37)(e)
(e)
Readvertising. The board shall have the right to reject all bids and to readvertise for bids. If after such readvertisement no responsible and satisfactory bid within the terms of the advertisement shall be received, the board may award such contract without competitive bidding, if it shall not be less advantageous to the authority than any valid bid received pursuant to advertisement.
66.94(37)(f)
(f)
Rules of the board. The board shall adopt rules and regulations to carry into effect the provisions of this subsection.
66.94(38)
(38) Advertisement for bids. Advertisements for bids shall be published as a class 2 notice, under
ch. 985, in the metropolitan district, the last insertion to be at least 10 days before the time for receiving bids. Such advertisement shall state the time and place for receiving and opening of bids, and by reference to plans and specifications on file at the time of the first publication, or in the advertisement itself, shall describe the character of the proposed contract in sufficient detail to fully advise prospective bidders of their obligations and to insure free and open competitive bidding. All bids in response to advertisements shall be sealed and shall be publicly opened by the board, and all bidders shall be entitled to be present in person or by representatives. Cash or a certified or satisfactory cashier's check, as a deposit of good faith, or a bid bond with satisfactory surety or sureties in a reasonable amount to be fixed by the board before advertising for bids, shall be required with the proposal of each bidder. Bond for faithful performance of the contract with surety satisfactory to the board and adequate insurance may be required by the board. The contract shall be awarded as promptly as possible after the opening of bids. All bids shall be placed on file open to public inspection. All bids shall be void if any disclosure of the terms of any bid in response to an advertisement is made or permitted to be made by the board before the time fixed for opening bids.
66.94(39)
(39) Establishment of fiscal year. The board shall establish a fiscal operating year. At least 30 days prior to the beginning of the first full fiscal year after creation of the authority, and annually thereafter, the board shall cause to be prepared a tentative budget which shall include all operation and maintenance expense for the ensuing fiscal year. The tentative budget shall be considered by the board at a public meeting, held after publication in the district of a class 1 notice, under
ch. 985, not less than 10 days prior to such meeting; subject to any revision and amendments as may be determined, it shall be adopted prior to the first day of the ensuing fiscal year as the budget for that year. No expenditures for operations and maintenance in excess of the budget shall be made during any fiscal year except by the affirmative vote of at least 5 members of the board. It shall not be necessary to include in the annual budget any statement of necessary expenditures for pensions or retirement annuities, for interest or principal payments on bonds, or for capital outlays, but the board shall provide for payment of same from appropriate funds.
66.94(40)
(40) Annual report. As soon after the end of each fiscal year as may be expedient, the board shall print a detailed report and financial statement of its operations and of its assets and liabilities. A reasonably sufficient number of copies of such report shall be printed for distribution to persons interested, upon request, and a copy thereof shall be filed with the governor, the county clerks of the counties in which the authority is engaged in the operation of its business and the clerk of each municipality which has adopted this section or granted rights to the authority by ordinance. A separate copy of such report shall be mailed to the principal officer and the governing body of each such municipality.
66.94(42)
(42) Conflict of laws. Insofar as any provision of this section is inconsistent with the provisions of any other law, the provisions of this section shall be controlling, except as provided in
sub. (44).
66.94(43)
(43) Application of section. This section shall be construed as constituting complete statutory authority for the creation of metropolitan transit authorities and the acquisition, ownership and operation of a transportation system by such authority and for the issuance of bonds as herein authorized, any other law relating to the matters herein contained to the contrary notwithstanding.
66.94(44)
(44) Public utility labor disputes. Notwithstanding any provision of this section the authority shall be deemed an employer under
subch. III of ch. 111, and the authority shall be subject to the same laws as other similar organizations engaged in like activities, and any provision of this section in conflict with the provisions of this subsection is to the extent of such conflict superseded by the provisions of this subsection.
66.94 History
History: 1973 c. 172,
243;
1975 c. 94 ss.
38,
91 (9), (12);
1975 c. 147 s.
54;
1975 c. 199;
1977 c. 29 s.
1654 (9) (h);
1979 c. 102 s.
237;
1979 c. 110;
1981 c. 96;
1981 c. 347 s.
80 (2);
1983 a. 24,
189;
1983 a. 207 s.
93 (8);
1983 a. 368;
1985 a. 135,
187;
1985 a. 297 s.
76;
1987 a. 403;
1991 a. 39,
221,
282,
316;
1993 a. 16,
123,
279,
490;
1995 a. 225.
66.94 Annotation
Railroad property is subject to special assessment for sanitary sewer even though the sewer is of no immediate benefit. Soo Line RR. Co. v. Neenah, 64 W (2d) 665, 221 NW (2d) 907.
66.943
66.943
City, village and town transit commissions. 66.943(1)(1) Any city, village or town may enact an ordinance for the establishment, maintenance and operation of a comprehensive unified local transportation system, the major portion of which is or is to be located within or the major portion of the service of which is or is to be supplied to the inhabitants of such city, village or town, and which system is used or to be used for the transportation of persons or freight.
66.943(2)
(2) The transit commission shall be designated "Transit Commission" preceded by the name of the enacting city, village or town.
66.943(3)(a)
(a) "Comprehensive unified local transportation system" means a transportation system comprised of motor bus lines and any other local public transportation facilities or freight transportation facilities, the major portions of which are within the city, village or town.
66.943(3)(b)
(b) "Transit commission" or "commission" means the local transit commission created under this section.
66.943(4)
(4) The transit commission shall consist of not less than 3 members to be appointed by the mayor or village board or town board chairperson and approved by the common council or village or town board, one of whom shall be designated as chairperson.
66.943(5)(a)(a) The first members of the transit commission shall be appointed for staggered 3-year terms. The term of office of each member thereafter appointed shall be 3 years.
66.943(5)(c)
(c) No person holding stocks or bonds in any corporation subject to the jurisdiction of the transit commission, or who is in any other manner pecuniarily interested in any such corporation, may be a member of nor be employed by the transit commission.
66.943(6)
(6) The transit commission may appoint a secretary and employ accountants, engineers, experts, inspectors, clerks and other employes and fix their compensation, and purchase furniture, stationery and other supplies and materials, that are reasonably necessary to enable it to perform its duties and exercise its powers.
66.943(7)(a)(a) The transit commission may conduct hearings and may adopt rules relative to the calling, holding and conduct of its meetings, the transaction of its business, the regulation and control of its agents and employes, the filing of complaints and petitions and the service of notices.
66.943(7)(b)
(b) For the purpose of receiving, considering and acting upon any complaints or applications that may be presented to it or for the purpose of conducting investigations or hearings on its own motion the transit commission shall hold regular meetings at least once a week except in the months of July and August and special meetings on the call of the chairperson or at the request of the city council or town board.
66.943(7)(c)
(c) The transit commission may adopt a seal, of which judicial notice shall be taken in all courts. Any process, writ, notice or other instrument that the commission may be authorized by law to issue shall be considered sufficient if signed by the secretary of the commission and authenticated by the commission's seal. All acts, orders, decisions, rules and records of the commission, and all reports, schedules and documents filed with the commission may be proved in any court by a copy of the documents that is certified by the secretary under the seal of the commission.
66.943(8)
(8) Except as otherwise provided in this subsection, the jurisdiction, powers and duties of the transit commission shall extend to the comprehensive unified local transportation system for which the commission is established including any portion of the system extending into adjacent or suburban territory that is outside of the city, village or town not more than 30 miles from the nearest point marking the corporate limits of the city, village or town. The jurisdiction, powers and duties of a transit commission providing rail service shall extend to the comprehensive unified local rail transportation system for which the commission is established including any portion of the system that extends into adjacent or suburban territory that is outside of the city, village or town and in an adjoining state whose laws permit, subject to the laws of that state but subject to the laws of this state in all matters relating to rail service.
66.943(9)
(9) Initial acquisition of the properties for the establishment of and to comprise the comprehensive unified local transportation system shall be subject to
s. 66.065 or
ch. 197.
66.943(10)(a)(a) Any city, village, town or federally recognized Indian tribe or band may by contract under
s. 66.30 establish a joint municipal transit commission with the powers and duties of city, village or town transit commissions under this section. Membership on such a joint transit commission shall be as provided in the contract established under
s. 66.30.
66.943(10)(b)
(b) Notwithstanding any other provision of this section, no joint municipal transit commission under
par. (a) may provide service outside the corporate limits of the parties to the contract under
s. 66.30 which establish the joint municipal transit commission unless the joint municipal transit commission receives financial support for the service pursuant to a contract with a public or private organization for such service. This paragraph does not apply to service provided by a joint municipal transit commission outside the corporate limits of the parties to the contract under
s. 66.30 which establish the joint municipal transit commission if the joint municipal transit commission is providing the service on April 28, 1994, without receiving financial support from a public or private organization for the service, and elects to continue such service.
66.943(11)(a)(a) In lieu of providing transportation services, a city, village or town may contract with a private organization for such services.
66.943(11)(b)
(b) Notwithstanding any other provision of this section, no municipality may contract with a private organization to provide service outside the corporate limits of such municipality unless the municipality receives financial support for the service pursuant to a contract with a public or other private organization for such service. This paragraph does not apply to service provided under
par. (a) outside the corporate limits of a municipality if a private organization is providing the service on April 28, 1994, without receiving financial support from a public or private organization for the service, and the municipality elects to continue such service.
66.943(12)
(12) Notwithstanding any other provision of this section, no transit commission may provide service outside the corporate limits of the city which establishes the transit commission unless the transit commission receives financial support for the service pursuant to a contract with a public or private organization for such service. This subsection does not apply to service provided by a transit commission outside the corporate limits of the city which establishes the transit commission if the transit commission is providing the service on April 28, 1994, without receiving financial support from a public or private organization for the service, and elects to continue such service.
66.944
66.944
Transit employes; Wisconsin retirement system. 66.944(1)(a)(a) This subsection applies to all affected employes of a transportation system which is acquired, after June 29, 1975, but prior to January 1, 1982, by a city, a city transit commission or a metropolitan transit authority which is a participating employer in the Wisconsin retirement fund.
66.944(1)(b)
(b) Within 60 days after May 19, 1978, or within 60 days after a system is acquired by a city, a city transit commission or a metropolitan transit authority, whichever is later, an election shall be conducted by the department of employe trust funds under procedures adopted by the department of employe trust funds. If all of the affected employes of the transportation system who are members of a retirement system established by the previous employer vote to be included within the Wisconsin retirement fund, prior to January 1, 1982, or the Wisconsin retirement system, after that date, rather than their present retirement system, their eligibility for participation within the Wisconsin retirement system shall be computed from the date of acquisition.
66.944(1)(c)
(c) Notwithstanding
s. 66.94 (29) or any other law, after the election under
par. (b), no city, city transit commission or metropolitan transit authority may be required to contribute to more than one retirement fund for an affected employe.
66.944(2)(a)(a) Notwithstanding any other law pension benefits, rights and obligations of persons who are employed by a transportation system on the date of its acquisition by a participating employer in the Wisconsin retirement system shall be determined under
pars. (b) and
(c) if the date of acquisition is on or after January 1, 1982.
66.944(2)(b)
(b) Participating employers who acquire a transportation system on or after January 1, 1982 may elect to permit the employes of the transportation system on the date of acquisition to elect to continue participation under a retirement plan which has been established for those employes prior to the acquisition, rather than to participate in the Wisconsin retirement system. An employe who elects to continue participation in the prior established retirement plan is included under the Wisconsin retirement system as a participating employe but no contributions shall be made to the Wisconsin retirement system, and the employe is not eligible for any benefits from the system for service as an employe of the transportation system. If an affected employe does not elect to continue participation in the previously established retirement plan the employe is a participant in the Wisconsin retirement system from the date of acquisition and employer and employe contributions are required commencing with that date. The government entity acquiring the transportation system is not required to contribute, directly or indirectly, to the Wisconsin retirement system and also to another retirement plan for the employe.
