[HISTORY: Adopted by the Common Council of the City of Shawano 7-8-1998 by Ord. No.
1362.[1] Amendments noted where applicable.]
[Amended 7-23-2008 by Ord. No. 1714]
(1)
Electric Utility. The City's Electric Utility shall operate
as a separate public utility pursuant to W.S.A. s. 66.0801, to be
known as the "Shawano Municipal Utilities" (SMU).
(2)
Fiber Optic Department.
(a)
Creation of Department. A Fiber Optic Department (FOD) is hereby
created and shall be a separate department within the City. The FOD
shall be responsible to plan, acquire, construct, extend, improve,
maintain, operate, lease, dispose of, regulate and manage a fiber
optic system to be constructed within the City.
(b)
Supervision. The FOD shall be under the charge and management
of the Shawano Utilities Commission (Commission), which shall supervise
the operation of the FOD.
(c)
Funds and accounts. FOD funds and accounts shall be maintained
separately from the funds and accounts for the electric, water and
sewer utilities.
(d)
Contract. The provision of service to entities other than the
City of Shawano or any of its utilities or departments shall be by
contract, the terms of which are to be individually negotiated between
the Commission or its designate and the customer.
(3)
Water and Sewer Utility.
(a)
Supervision. The Water and Sewer Utility shall be under the
charge and management of the Public Works Field Committee, pursuant
to W.S.A. s. 66.0805(6), and operated by the Department of Public
Works (DPW).
(b)
(Reserved)
(c)
Funds and accounts. Water and Sewer Utility funds and accounts
shall be maintained separately from the funds and accounts for the
SMU and FOD utilities.
(1)
Membership. The Commission shall consist of seven members: the Mayor,
two Alderpersons and four persons who are residents of the area serviced
by the Shawano Municipal Utilities or not more than two users of services
provided by the Shawano Municipal Utilities, plus the City Administrator,
who shall be an ex officio member without a vote.
[Amended 4-20-2004 by Ord. No. 1586; 11-13-2013 by Ord. No. 1835]
(2)
Appointment and tenure. The Council shall elect the Commissioners
at its first regular meeting in September 1 for terms to commence
on the October 1 following appointment; provided, however, that the
Mayor and Alderperson shall serve on said Commission immediately upon
the adoption and publication of this amendment. Each Commissioner
shall serve a seven-year term. These terms shall be staggered so that
no more than one Commissioner's term shall expire each year.
The two Alderperson members shall be appointed by the Council President
subject to approval by a two-thirds majority vote of the Council members
present (the second Alderperson member shall not be appointed until
October 1, 2004, at which time the expired term of the current fifth
resident member and the Council representative positions shall be
eliminated. In case of a vacancy on the Commission, the Mayor at a
regular meeting may appoint a Commissioner to fill the vacancy for
the remainder of the term.
[Amended 4-20-2004 by Ord. No. 1586; 2-7-2018 by Ord. No. 1937]
(3)
Compensation. Each Commissioner, as full compensation for services
as a member of the Commission, shall be paid from the revenues of
the SMU a sum to be determined by the Council from time to time for
each meeting attended. Commissioners may be reimbursed for expenses
incurred for carrying out their duties.
(4)
Officers. The Commission, by majority vote, shall elect from its
members a President who shall preside over the meetings, and a Vice
President, who shall act for the President during the President's
absence. The Commission shall select a Secretary, who shall be responsible
for maintenance of records. An election of officers of the Commission
shall be held at the first regular meeting at which all members are
present following the appointment of a new Commissioner for a full
term but not later than the second meeting following the appointment.
(5)
Meetings. The Commission shall establish a regular monthly schedule
of meetings. Special meetings may be held as required following appropriate
notice. The Commission shall adopt rules for the conduct of its meetings.
No action shall be taken by the Commission except by the affirmative
vote of at least four Commissioners, who shall constitute a quorum.
[Amended 4-20-2004 by Ord. No. 1586]
(6)
Powers and duties of Commission.
(a)
Generally. The Commission shall take entire charge and management
of the SMU and the FOD, appoint a manager and such subordinates as
may be necessary and fix their compensation and shall supervise the
operation of the SMU and the FOD under the general control and supervision
of the Council, pursuant to W.S.A. s. 66.068, with such general control
and supervision being exercised through the enactment and amendment
of this chapter.
(b)
SMU and FOD public works and equipment. Pursuant to W.S.A. s.
62.14, it shall be the duty of the Commission, under the direction
of the Council, to superintend all public works under its jurisdiction.
The Commission, with the assistance of the Manager and the City Attorney,
shall be responsible for the purchase of SMU and FOD equipment and
letting of SMU and FOD contracts. No SMU or FOD public works project
shall be commenced or contracted for, nor equipment purchased, until
such project or equipment has been budgeted by the Council and funds
are available.
(c)
Policy. The Commission shall establish written policies to govern
the operations of the SMU and the FOD. Such policies shall cover employee
duties, customer rates, services, rules and termination procedures,
expenditures of funds and other appropriate policies.
(d)
Surety bonds. The Commission may require surety bonds for any
of the officers and employees of the SMU and the FOD in such amounts
as the Commission deems necessary. The premiums for the bonds shall
be paid by the SMU and/or the FOD in the same manner as any other
operating expense.
(e)
Rates. The Commission shall have authority to fix the rates
for services provided by the SMU and the FOD, subject, where applicable,
to the jurisdiction of the PSC. SMU and FOD rates shall be sufficient
to pay all operating and maintenance expenses of each utility operation
and for all FOD operations and all bond interest and redemption costs
of each utility operation and for all FOD operations.
(f)
Public information expenditures. The Commission may authorize
reasonable expenditures to acquaint the public with the operations,
programs and plans of the SMU and the FOD and to encourage conservation.
(g)
Investment of surplus funds. The Commission may invest surplus
funds of the SMU only as authorized by W.S.A. s. 66.069(1)(c).
(h)
Budget. The Commission shall, annually, supervise and be responsible
for the preparation of a separate budget for each utility and the
FOD, which shall be filed, as required by W.S.A. ss. 62.12(2) and
65.90(2). After filing, and prior to public hearing thereon, the Commission
shall meet with the Council (as a Committee of the whole) for the
purpose of discussing such proposed budgets and any related issues
such as capital expenditures or financing.
(i)
Contract. The Commission shall have full authority to let bids
and enter into contracts in the name of the City, provided that such
contracts are necessary or convenient to the management and operation
of the SMU and/or the FOD.
(j)
Other powers. The Commission shall have such other powers as
are necessary or convenient to the management and operation of the
SMU and the FOD, and the City intends that the Commission shall have
full authority respecting the SMU and the FOD unless that authority
is specifically withheld by statute.
(7)
Use of streets for SMU and FOD installations. The SMU and the FOD may use the ground over, under or along any road, railroad, highway, street, sidewalk, thoroughfare, alley or waterway in the operation of the SMU and/or the FOD, but shall, in all cases and subject to the applicable general regulations of the City, cause the surface of the public way to be restored to its original condition. However, prior to any street opening, the SMU and the FOD shall apply to the Director of Public Works, in writing, for a permit for any proposed street opening. The Director of Public Works shall have 10 days after receipt of such application to grant a permit allowing the opening of the street. The SMU and the FOD shall be responsible for the actual excavation and resurfacing of said street, but all such work shall be subject to the approval of the Director of Public Works. The provisions of this paragraph shall not apply in the case of an emergency. The provisions of § 5.03(5)(f) of this Code shall apply to the resurfacing of any street except that all excavation and resurfacing work shall be done by the SMU and the FOD.
[Amended 12-12-2007 by Ord. No. 1694]
(8)
Manager. The Commission shall appoint and employ a Manager who shall be qualified by training and experience for the overall management of the SMU and the FOD. The Manager's salary shall be fixed by the Commission. The Manager shall have such authority as delegated to that position by the Commission and the Council. The Manager shall determine the number of employees necessary for the operation of the SMU and the FOD and fix their duties and compensation, subject to the approval of the Commission. The Manager shall have the authority to terminate employees and shall have the authority to fill those positions which have previously been authorized by the Commission. The Manager shall supervise actual construction and repairs, the immediate management of the operation of the electric, water and sewer and fiber optic systems and the enforcement and execution of all rules and regulations, programs, plans and decisions made or adopted by the Commission. The Manager shall maintain suitable permanent records regarding his or her actions. The Manager shall prepare plans and specifications, take bids and let contracts, subject to the approval of the Commission and the Council. The Manager shall supervise all SMU and FOD projects, subject to § 6.02(7) of this chapter. All contracts relating to SMU and FOD projects shall be approved by the Commission and the Council and executed as provided for in W.S.A. s. 62.15(12).
(9)
Disbursements. No money shall be drawn from the funds of the SMU
or the FOD, nor shall any obligation for the expenditure of money
be incurred except in conformity with authorization by the Commission.
No claim against the SMU or the FOD shall be paid unless evidenced
by a voucher approved by the Manager or by some other employee designated
by the Manager. All bills of the SMU and the FOD shall be presented
to the Council for approval, and those bills shall be paid out of
SMU and FOD accounts pursuant to W.S.A. s. 66.042(3), and shall be
signed by the Clerk-Treasurer and countersigned by the Mayor.
(10)
Audit. The funds and accounts of the SMU and the FOD shall be
audited annually by a certified public accountant and shall be open
to public inspection.
[Amended 9-8-1999 by Ord. No. 1419; 11-7-2007 by Ord. No. 1692; 6-11-2008 by Ord. No. 1707; 7-23-2008 by Ord. No. 1715]
(1)
General application.
(a)
All persons now receiving utility service from the SMU or DPW
or who may hereafter make application therefor shall be subject to
and bound by all rules and regulations of the SMU or DPW on file with
the PSC as they may from time to time be amended, and shall also be
subject to and bound by all applicable Wisconsin Administrative Code
provisions of the PSC and the Department of Natural Resources as they
may, from time to time, be promulgated and amended.
(b)
Application for utility service shall be made in writing on
a form furnished by the SMU or DPW. The application will contain the
description of the property to be served, name of the owner, the exact
use to be made of the service and the size of the service connection.
(2)
PSC
rules and regulations applicable. Wis. Adm. Code NR 811 and H 62 and
all PSC rules and regulations, which are presently in existence or
as subsequently amended, are incorporated herein by reference. Said
rules and regulations include but are not limited to sewer rules and
regulations which provide for the City’s Sewer Use Ordinance.
Copies of all current PSC rules and regulations shall be kept on file
in the offices of the SMU or DPW.
[Amended 5-11-2016 by Ord. No. 1896]
(3)
Limitation of utility's obligation to serve. The SMU or DPW
shall provide services to meet the requirements for new or additional
requests for utility service where it has adequate system capacity
and adjacent facilities from which service may be provided. In the
event that the SMU or DPW does not have adequate system capacity or
adequate adjacent facilities, the SMU or DPW will not render the new
or additional service without a contribution in aid of construction
to offset the costs associated with the changes required. Where modification,
reenforcement, enlargement or extension of the system or facilities
is required, the customer contribution shall be determined in the
manner prescribed in the extension rules. This limitation shall not
impose restrictions on the additional uses of electric service by
current residential customers of the SMU or DPW.
(4)
Service extension.
(a)
Extension of service. The City does hereby limit its extension
of water and/or sewer service to the following:
1.
Those areas and/or properties that presently have sewer service,
water service or both sewer and water service furnished to said property.
2.
Those areas and/or properties that presently have either water
or sewer service servicing their properties, which areas or properties
also have the other utility service (water or sewer) abutting the
property, the property is not hooked up to the abutting utility service.
Said areas or properties shall be allowed access to the utility service
that fronts their property; provided, however, that the property owner
shall pay the applicable assessment for hookup pursuant to SMU or
DPW policy.
3.
Those areas or properties that are presently connected to City
water, sewer or both water and sewer service, said connection being
by nonstandard methods. While the property may continue to be served
by the utility service that is available, the City makes no type of
commitment, promise or guarantee that in the future such nonstandard
connections will be allowed. In the event the utility service is rebuilt,
changed, amended, redesigned or in any way changed, such alteration
may affect the ability of the property to be served by a nonstandard
connection method.
4.
All other properties which are located outside of the corporate
limits of the City which are presently being served by sewer and/or
water service according to the records of the SMU or DPW as of June
1, 1992.
(b)
General provisions.
1.
In order to provide adequate fire protection for persons and
property within the corporate limits of the City and to ensure the
public health and safety of the residents, and for conserving the
available water supply, it is necessary to limit the unincorporated
area served to those areas listed in Subsection (4)(a)1 above.
2.
Although the City has previously provided water and/or sewer
service to the aforesaid areas and sites, such service shall not be
construed as a hold out or an offer by the City to furnish water and/or
sewer service beyond its corporate limits. The City reserves the right
to further limit such areas should such further action be necessary.
3.
Only in exceptional cases and when authorized by the Council
by ordinance may sewer and/or water service be furnished to consumers
outside the City limits. The applicant for such service shall state
fully all of the conditions affecting such usage; shall fully comply
with requirements as to plumbing, safeguarding and use applicable
to users of water and/or sewer service within the City limits; and
shall, if required by the Council, pay for service and water in advance.
4.
Mains or services laid and the installation thereof outside
of the City limits shall be in accordance with the specifications
of and under the supervision of the SMU or DPW. Maintenance of such
mains or services shall conform to general City requirements. Customers
receiving sewer and/or water service in accordance with the provisions
of this section shall be subject to the water rates and sewerage service
charge and any other fee or charge imposed for such utility service
by the SMU or DPW and/or the Council.
(5)
Method of payment of charges.
(a)
Service charges. It is hereby levied and assessed upon each
lot, parcel of land, building or premises having a connection with
the SMU or DPW system a service charge based on the quantity and quality
of service used, as measured by the SMU or DPW. Service charges for
each utility shall be included on the regular statement for utility
service or, if otherwise determined, by the SMU or DPW.
(b)
Collection of delinquent charges.
1.
Commission to use W.S.A. s. 66.0809 procedures. It is the intent
of this chapter that the Commission shall be authorized to collect
for arrearages for utility services, together with any penalty assessed
or added thereon, by use of the procedures set forth in W.S.A. s.
66.0809(3). Pursuant to this chapter, the Council hereby authorizes
the Commission to use the W.S.A. s. 66.0809(3) procedures and directs
that such use shall be in accordance with the requirements of W.S.A.
s. 66.0809(3).
2.
Procedure.
a.
The Commission shall prepare a list of the lots or parcels of
real estate for which utility service charges are in arrears.
b.
On October 15, the department in charge of the utility shall
provide notice in writing and shall state the amount of arrears, including
any penalty assessed pursuant to the rules of the utility; that unless
the amount is paid by November 1 a penalty of 10% of the amount of
arrears will be added; and that unless the arrears, with any added
penalty, are paid by November 15, the arrears and penalty will be
levied as a tax against the lot or parcel of real estate to which
utility service was furnished and for which payment is delinquent.
The notice may be served by delivery to either the owner or occupant
personally, or by letter addressed to the owner or occupant at the
post-office address of the lot or parcel of real estate.
c.
On November 16, the department issuing the notice shall certify
and file with the Clerk-Treasurer a list of all lots or parcels of
real estate, giving the legal description, for which notice of arrears
was given and for which arrears remain unpaid, stating the amount
of arrears and penalty. Each delinquent amount, including the penalty,
becomes a lien upon the lot or parcel of real estate to which the
utility service was furnished and payment for which is delinquent,
and the Clerk-Treasurer shall insert the delinquent amount and penalty
as a tax against the lot or parcel of real estate.
3.
Dispute procedures.
a.
Explanation of charges. The owner or occupant receiving notice
under the provisions of this chapter and W.S.A. s. 66.0809(3) shall
have a right to an explanation of any amounts claimed due in such
notice. Such amounts may be disputed at the office of the SMU during
regular office hours within five days of the date of such notice.
b.
Hearing. If the matter of the amounts claimed due in the notice
provided under W.S.A. s. 66.0809(3) is not satisfactorily resolved
within the five days provided for in Subsection (5)(b)3a, the property
owner shall be entitled to a hearing at a meeting of the Commission
or the Public Works Field Committee before such amounts are levied
as a tax. Written notice of the date, time and location of said meeting
shall be served on the owner at least three days before said meeting
in the same manner as the notice described in W.S.A. s. 66.0809(3).
The delinquency shall not become a lien during the pendency of the
dispute. The Commission shall reach a final decision on any such dispute
no later than November 15. Unless modified by the Commission after
hearing, the delinquency shall become a lien on the real estate as
set forth herein as of November 16.
c.
Severability. This subsection shall not affect the right of
the City to collect delinquent charges by other means. If this subsection
is found to be illegal, other ordinances are not affected thereby.
If any portion of this subsection is found to be illegal, it shall
not affect the remainder of this subsection.
(6)
Term of contract. As to all users of electric, water or sewer services,
the term of contract or agreement for service shall be for a period
of one year unless otherwise specified in the contract. Contracts
are automatically renewed at the end of their term under conditions
stated in the various contracts. Contracts shall not be transferred
unless authorized by the SMU or DPW; new occupants of premises previously
receiving service must make official application to the SMU or DPW
before commencing the use of service. Customers who have been receiving
service must notify the SMU or DPW when discontinuing service or they
will be liable for the use of the service by their successors should
said successors refuse to pay.
(7)
Unusual capacity requirements. Large installations may require extensive
increases in SMU or DPW systems requiring considerable time to complete
and requiring suitable contractual agreements. Therefore, projects
that will require large capacity should be discussed with the SMU
or DPW well in advance of the time service is desired. Before planning
installations that would materially increase the customer's utilization
of SMU or DPW facilities, even temporarily, the customer shall notify
the SMU or DPW of the proposed increase sufficiently in advance to
afford reasonable time for the SMU or DPW to provide the required
capacity. Such large increases can only be connected to the utility
system after receiving approval from the SMU or DPW.
(8)
Right of entry. Duly authorized employees of the SMU or DPW shall
be permitted to enter all properties for the purpose of inspection,
observation or testing in accordance with the provisions of the Wisconsin
Statutes, PSC rules or the Wisconsin Administrative Code.
(9)
Service rates. The service rate charged by the SMU or DPW for utility
services to those customers shall be those authorized in the latest
rate file authorized by the PSC.
(a)
Water and sewer main installation in platted subdivisions.
1.
Application for installation of water and sewer mains in regularly
platted real estate development subdivisions shall be filed with the
DPW and shall set forth the following information:
a.
Name of subdivision.
b.
Legal description.
c.
Map showing streets, lots and sizes of proposed mains and hydrants
and street laterals.
d.
Date of approval of subdivision plan by the State Department
of Commerce.
e.
Date of approval of proposed mains by the State Department of
Natural Resources.
f.
Number of houses presently under construction.
2.
Upon receipt of the application, the DPW will prepare detailed
estimates of the cost of extending water mains and hydrants and sewer
mains of the size deemed necessary in the subdivision and submit same
to the Council for approval of the extension.
3.
The applicant for water and sewer services to be supplied to
a subdivision shall be required to advance to the DPW, prior to the
beginning of the construction, the total estimated cost of the extensions.
If the final costs exceed estimated costs, an additional billing will
be made for the balance of the cost due, this balance to be paid within
30 days. If final costs are less than estimated, a refund of overpayment
will be made by the DPW.
4.
If the developer desires to install the water and/or sewer mains,
the developer shall be responsible for the total cost of construction.
Plans, specifications and the name of the contractor shall be submitted
to and approved by the DPW prior to the commencement of construction.
All such construction shall be inspected by the DPW, and the cost
of such inspection shall be paid by the developer.
(b)
Water and sewer main extension rules.
1.
Where the cost of the extension is to be immediately collected
through assessment against the abutting property, the procedure set
forth under W.S.A. s. 66.60 or 66.62[1] will apply, and no customer contribution to the DPW will
be required.
[1]
Editor's Note: W.S.A. ss. 66.60 and 66.62 were partially
repealed and renumbered by 1999 Act 150, effective 1-1-2001. For current
provisions, see W.S.A. ss. 66.0701, 66.0703 and 66.0721.
2.
Where the City is unwilling or unable to make a special assessment,
then extension will be made on a customer-financed basis as follows:
a.
The applicant will advance, as a contribution in aid of construction,
the total amount equivalent to that which would have been assessed
for all property under Subsection (9)(b)1.
b.
Part of the contribution required above will be refundable.
When additional customers are connected to the extended main within
20 years of the date of completion, contributions in aid of construction
will be collected equal to the amount which would have been assessed
under Subsection (9)(b)1 for the abutting property being served. This
amount will be refunded to the original contributor. In no case will
the contributions received from additional customers exceed the proportionate
amount which would have been required under Subsection (9)(b)1, nor
will it exceed the total assessable cost of the original extension.
3.
When a new customer is connected to an existing main not financed
by customer contributions, it shall not be considered as a main extension,
and no contribution may be collected from the customer.
(10)
Construction; definition. This chapter shall be liberally construed
to effect its purpose. As used herein, the terms "management and control"
or "management and operation" shall be construed broadly and shall
include, without limitation by enumeration, all authority related
to SMU or DPW and FOD properties of the City, and all authority related
to purchasing, acquiring, leasing, constructing, adding to, improving,
conducting, controlling, operating or managing the SMU or DPW and
the FOD, except as specifically withheld by statute.
Any person who shall violate any provision of this chapter shall be subject to a penalty as provided in § 20.04 of this Code in addition to the specific penalties provided in this chapter. A separate offense shall be deemed committed on each day on which a violation of this chapter occurs or continues.
