66.06(2)
(2) Limitation. Nothing in
ss. 66.06 to
66.078 shall be construed as depriving the office of the commissioner of railroads, department of transportation or public service commission of any power conferred by
ss. 195.05 and
197.01 to
197.10 and
ch. 196.
66.061
66.061
Franchises; service contracts. 66.061(1)(a)(a) Any city, village or town may grant to any person or corporation the right to construct and operate therein a water system or to furnish light, heat or power subject to reasonable rules and regulations prescribed by ordinance.
66.061(1)(b)
(b) The board or council may submit the ordinance when passed and published to a referendum.
66.061(1)(c)
(c) No such ordinance shall be operative until 60 days after passage and publication unless sooner approved by a referendum. Within that time electors equal in number to 20 per cent of those voting at the last regular municipal election, may demand a referendum. The demand shall be in writing and filed with the clerk. Each signer shall state his or her occupation and residence and signatures shall be verified by the affidavit of an elector. The referendum shall be held at the next regular municipal election, or at a special election within 90 days of the filing of the demand, and the ordinance shall not be effective unless approved by a majority of the votes cast thereon. This paragraph shall not apply to extensions by a utility previously franchised by the village or city.
66.061(1)(d)
(d) Whenever any city or village at the time of its incorporation included within its corporate limits territory in which a public utility, prior to such incorporation, had been lawfully engaged in rendering public utility service, such public utility shall be deemed to possess a franchise to operate in such city or village to the same extent as though such franchise had been formally granted by ordinance duly adopted by the governing body of such city or village. This paragraph shall not apply to any public utility organized under this chapter.
66.061(2)(a)(a) Cities, villages and towns may contract for furnishing light, heat, water, motor bus or other systems of public transportation to the municipality or to the inhabitants thereof for a period of not more than 30 years or for an indeterminate period if the prices are subject to adjustment at intervals of not greater than 5 years. The public service commission shall have jurisdiction relative to the rates and service to any city, village or town where light, heat or water is furnished to such city, village or town under any contract or arrangement, to the same extent that the public service commission has jurisdiction where that service is furnished directly to the public.
66.061(2)(b)
(b) When a city, village or town has contracted for water, lighting service, motor bus or other systems of public transportation to the municipality the cost may be raised by tax levy. In making payment to the owner of the utility a sum equal to the amount due the city, village or town from such owner for taxes or special assessments may be deducted.
66.061(2)(c)
(c) This subsection shall apply to every city, village and town regardless of any charter limitations on the tax levy for water or light.
66.061(2)(d)
(d) When any privately owned motor bus or public transportation system in a city, village or town fails to provide service for a period in excess of 30 days, and the owner or stockholders of the privately owned motor bus or public transportation system have announced an intention to abandon service, the governing body of the affected municipality may without referendum furnish or contract for the furnishing of other motor bus or public transportation service to the municipality and its inhabitants and to the users of the defaulting prior service for a period of not more than one year. This section shall not authorize a municipality to hire, directly or indirectly, any strikebreaker or other person for the purpose of replacing employes of said motor bus or public transportation system engaged in a strike.
66.064
66.064
Joint operation. Any city, village or town served by any privately owned public utility, motor bus or other systems of public transportation rendering local service may contract with the owner thereof for the leasing, public operation, joint operation, extension and improvement by the municipality or with funds loaned by the municipality, for the stabilization by municipal guaranty of the return upon or for the purchase by instalments out of earnings or otherwise of that portion of said public utility which is operated within such municipality and any territory immediately adjacent and tributary thereto; or for the accomplishment of any object agreed upon between the parties relating to the use, operation, management, value, earnings, purchase, extension, improvement, sale, lease or control of such property. The provisions of
s. 66.07 relating to preliminary agreement, approval by the department of transportation or public service commission, and ratification by the electors, shall be applicable to the contracts authorized by this section. The department of transportation or public service commission shall, when any such contract is approved by it and consummated, cooperate with the parties in respect to making valuations, appraisals, estimates and other determinations specified in such contract to be made by it.
66.065(1)(1) Any town, village or city may construct, acquire or lease any plant and equipment located within or without the municipality, and including interest in or lease of land, for furnishing water, light, heat, or power, to the municipality, or to its inhabitants; may acquire a controlling portion of the stock of any corporation owning private waterworks or lighting plant and equipment; and may purchase the equity of redemption in a mortgaged or bonded waterworks or lighting system, including the cases where the municipality shall in the franchise have reserved right to purchase. The character or duration of the franchise, permit or grant under which any public utility is operated, shall not affect the power to acquire the same hereunder. Two or more public utilities owned by the same person or corporation, or 2 or more public utilities subject to the same lien or charge, may be acquired as a single enterprise under any proceeding heretofore begun or hereafter commenced, and the board or council may at any time agree with the owner or owners of any public utility or utilities as to the agreed value thereof, and to contract to purchase or acquire the same hereunder at such value, upon such terms and conditions as may be mutually agreed upon between said board or council and said owner or owners.
66.065(2)
(2) A resolution, specifying the method of payment and submitting the question to a referendum, shall be adopted by a majority of all the members of the board or council at a regular meeting, after publication at least one week previous in the official paper.
66.065(3)
(3) The notice of the referendum shall include a general statement of the plant equipment or part thereof it is proposed to acquire or construct and of the manner of payment.
66.065(4)
(4) Referendum elections under this section shall not be held oftener than once a year, except that a referendum so held for the acquisition, lease or construction of any of the types of property enumerated in
sub. (1) shall not bar the holding of one referendum in the same year for the acquisition and operation of a bus transportation system by the municipality.
66.065(4a)
(4a) The provisions of
subs. (2),
(3) and
(4) shall not apply to the acquisition of any plant, equipment or public utility for furnishing water service when such plant, equipment or utility is acquired by the municipality by dedication or without monetary or financial consideration.
66.065(5)
(5) Any city, village or town may by action of its governing body and with a referendum vote provide, acquire, own, operate or engage in a municipal bus transportation system where no existing bus, rail or other local transportation system exists in such municipality. Any city, village or town in which there exists any local transportation system by similar action and referendum vote may acquire, own, operate or engage in the operation of a municipal bus transportation system upon acquiring the local transportation system by voluntary agreement with the owners thereof, or pursuant to law, or upon securing a certificate from the department of transportation under
s. 194.23.
66.065(6)
(6) Any street motor bus transportation company operating pursuant to
ch. 194 shall, by acceptance of authority under that chapter, be deemed to have consented to a purchase of its property actually used and useful for the convenience of the public by the municipality in which the major part of such property is situated or operated.
66.065(7)
(7) Any city, village or town providing or acquiring a motor bus transportation system under the provisions of this section may finance such construction or purchase in any manner now authorized in respect of the construction or purchase of a public utility.
66.065 Annotation
This section is not a restriction upon the authority granted the department of natural resources by 144.025 (2) (r) to order the construction of a municipal water system, but constitutes merely an alternative by which a municipality may voluntarily construct or purchase a water utility. Village of Sussex v. Dept. of Natural Resources, 68 W (2d) 187, 228 NW (2d) 173.
66.065 Annotation
Section 66.065, which requires a municipality to obtain voter approval through a referendum prior to the construction or acquisition of a waterworks, does not apply when a municipality is ordered to construct a public water supply system pursuant to 144.025 (2) (r). 60 Atty. Gen. 523.
66.066
66.066
Revenue obligations.