[Adopted 4-9-1996 (Ch. 8)]
A.
COMMISSION
UTILITY
Definitions. As used in this section, the following
terms shall have the meanings indicated:
The Oconto Falls Water and Light Commission.
Those facilities and the plant operated by the Water and
Light Commission, including the municipal electric and water distribution
systems, substations, wells, and elevated tanks.
B.
Findings and intent.
(1)
The City of Oconto Falls finds that the ownership
and operation of utilities by the City is in the public interest.
To that end the City establishes the Oconto Falls Water and Light
Commission to manage the day-to-day operations of its utilities under
the general guidance of the Common Council.
[Amended 8-12-2008 by Ord. No. 08-004]
(2)
The Commission established under this section is a
successor to the City's existing Water and Light Commission. It has
all rights, duties, powers and interests that may be granted to it
by the Common Council. The present Commissioners shall serve the remainder
of their present terms of office.
C.
Creation; membership; appointments.
(1)
Creation. There is hereby created a nonpartisan Water
and Light Commission to manage and operate the utilities of the City
under the general control and supervision of the Common Council.
[Amended 8-12-2008 by Ord. No. 08-004]
(2)
Membership; terms. The Water and Light Commission
shall consist of five Commissioners.
(a)
One of the five Commissioners shall be an Alderperson,
who shall serve on the Commission without additional compensation
and whose term shall be for one year.
(b)
The remaining four Commissioners shall be residents
of the City, each of whom shall serve a four-year term. These terms
shall be staggered so that no more than one Commissioner's term shall
expire each year. The Mayor shall be an ex officio member of the Commission
without authority to vote.
[Amended 8-12-2008 by Ord. No. 08-004]
(3)
Appointments.
(a)
The Common Council shall elect Commissioners
at its April reorganization meeting for terms to commence immediately
following appointment. In the case of a vacancy on the Commission,
the Common Council may appoint a Commissioner to fill the vacancy
for the remainder of the term.
[Amended 8-12-2008 by Ord. No. 08-004]
(b)
The City Administrator - Clerk/Treasurer shall
advertise the availability of appointments to the Commission prior
to any action on the part of the Common Council to fill vacancies
for expiring terms on the Commission.
[Amended 8-12-2008 by Ord. No. 08-004]
(c)
The Common Council shall only consider those
applicants for appointment that have completed a written application
and filed the same with the City Administrator - Clerk/Treasurer.
(4)
Reports. The Alderperson member shall report monthly,
at the regular meeting of the Common Council, on the activities of
the Commission.
[Amended 8-12-2008 by Ord. No. 08-004]
D.
Powers of Commission.
(1)
Charge and management. The Commission shall take charge
and management of the City's utilities under the general control of
the Common Council.
[Amended 8-12-2008 by Ord. No. 08-004]
(2)
Manager. The Utility Manager shall serve as manager
of the utilities by virtue of his office. The Utility Manager has
the authority to act on behalf of the Commission.
[Amended 8-12-2008 by Ord. No. 08-004]
(3)
Employees/consultants.
(a)
The Commission may employ those as the Commission,
within limits established by the Common Council, deems necessary or
convenient for the management and operation of the City's utilities.
[Amended 8-12-2008 by Ord. No. 08-004]
(b)
The Commission may employ the services and fix
the compensation of such other agents or consultants as the Commission,
with the concurrence of the Common Council, deems necessary or convenient
for the operation and management of the City's utilities.
[Amended 8-12-2008 by Ord. No. 08-004]
(c)
The Commission, when necessary, may utilize
the services of the Municipal Engineer, Municipal Attorney and other
officials and employees upon such basis as shall be mutually agreed
to or as determined by the Common Council. In such case the general
fund shall be reimbursed by the Commission for the pro rata cost of
such services.
(4)
Rates, rules, and regulations. The Commission shall
have the authority to fix rates and establish rules and regulations
for the governance, management and operation of the utilities, subject
to the jurisdiction of the Public Service Commission of Wisconsin,
and establish rules for the governance of its own proceedings.
(5)
Contracts.
(a)
The Commission shall have 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 utilities and reviewed and approved by the Common Council.
(b)
The Commission shall have such general powers
in construction, extension, improvement and operation of the utilities
as shall be designated by the Common Council.
[Amended 8-12-2008 by Ord. No. 08-004]
(c)
The Commission cannot purchase any single item
costing more than $30,000 without first receiving the approval of
the Common Council of the City of Oconto Falls.
[Amended 1-12-2016 by Ord. No. 16-001]
E.
Organization.
(1)
Meetings.
(a)
The Commission shall meet the third Monday of
each month. The Commission's monthly meeting may be changed by the
Commission President or a majority vote of the Commissioners.
(b)
The Commission may meet at other times as determined
necessary by the Commission President or as may be determined by two
or more Commissioners.
(2)
Officers.
(a)
Commissioners shall choose from among their
number a President, Vice President, and Secretary.
(b)
The Deputy Treasurer shall perform the duties
as utility clerk and shall undertake the duties of a bonded cashier,
shall keep accurate books and accounts of utility revenues and expenses
and shall perform such other duties as the Commission shall from time
to time direct.
F.
Utility expenses. Utility expenses shall be audited
by the Commission at its regular monthly meetings and, if approved
by its President, shall be paid by the Deputy Treasurer pursuant to
§ 66.0607(4), Wis. Stats.[2]
A.
COMMISSION
UTILITY
Definitions. As used in this section, the following
terms shall have the meanings indicated:
The Oconto Falls Sewage Disposal Commission.
The wastewater treatment plant and sanitary sewer lift stations
operated by the Sewage Disposal Commission.
B.
Established. The Commission established under this
section is a successor to the City's existing Sewage Disposal Commission
operating under the authority of the City of Oconto Falls pursuant
to municipal ordinance adopted on June 10, 1980. It has all rights,
duties, powers and interests that may be granted to it by the Common
Council. The present Commissioners shall serve the remainder of their
present terms of office.
D.
Powers of Commission.
(1)
Charge and management. The Commission shall take charge
and management of the City's wastewater treatment plant and sanitary
sewer lift stations under the guidance and supervision of the Common
Council.
(3)
Employees/consultants.
(b)
The Commission may employ the services and fix
the compensation of such other agents or consultants as the Commission,
with the concurrence of the Common Council, deems necessary or convenient
for the operation and management of the utility.[3]
(c)
The Commission, when necessary, may utilize
the services of the Municipal Engineer, Municipal Attorney and other
officials and employees upon such basis as shall be mutually agreed
to or as determined by the Common Council. In such case the general
fund shall be reimbursed by the Commission for the pro rata cost of
such services.
(4)
Rates, rules and regulations. The Commission shall
have the authority to fix rates and establish rules and regulations
for the governance, management and operation of the utility, subject
to the concurrence of the Common Council, and establish rules for
the governance of its own proceedings.
(5)
Contracts.
(a)
The Commission shall have 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 utility and reviewed and approved by the Common Council.
(b)
The Commission shall have such general powers
in construction, extension, improvement and operation of the utility
as shall be designated by the Common Council. All construction work
shall be under the immediate supervision of the Street, Public Property
and Public Works Committee.
(c)
The Commission is not authorized to purchase
any single item costing more than $10,000 without first receiving
the approval of the Common Council of the City of Oconto Falls.
E.
Organization.
(1)
(2)
Officers. Commission officers shall be the same as
those of the Water and Light Commission.
F.
Utility expenses. Utility expenses shall be audited
by the Commission at its regular monthly meetings and, if approved
by its President, shall be paid by the Deputy Treasurer pursuant to
§ 66.0607(4), Wis. Stats. The Commission may authorize the
payment of labor, salaries and such other regular expenses as the
Commission may determine, including but not limited to power and fuel
bills, to be paid as they become due, if approved by the President.[5]
G.
Utility receipts.
(1)
Receipts. All utility receipts shall be paid to the
Deputy Treasurer for safekeeping on behalf of the Commission.
H.
General administrative policies.
(1)
Reporting. The Administrator - Clerk/Treasurer will
report monthly the financial condition of the utility to the Common
Council at its regular monthly meeting. All documents such as meeting
procedures, correspondence, reports, engineering records, and accounting
records shall be made available for inspection by the Council.
(2)
Borrowing. The borrowing of any required funds by
the Commission is subject to the approval of the Common Council.
(3)
Service fees. Subscriber rates, fees, and other charges
shall be as established by the Commission. There shall be no charge
for the disconnection of service ordered by the subscriber served.
A.
CATV
COMMISSION
UTILITY
Definitions. As used in this section, the following
terms shall have the meanings indicated:
Cable television.
The Oconto Falls Cable Television Commission.
Those utilities operated by the Oconto Falls Cable Television
Commission.
B.
Established.
(1)
The City of Oconto Falls finds that the ownership
and operation of a cable television utility by the City is in the
public interest. To that end the City established the Oconto Falls
cable television system in 1983.
(2)
The Commission established under this section is a
successor to the City's existing cable television operations undertaken
under the authority of the Water and Light Commission pursuant to
municipal ordinance adopted on March 10, 1983. It has all rights,
duties, powers and interests that may be granted to it by the Common
Council. The present Commissioners shall serve the remainder of their
present terms of office.
D.
Powers of Commission.
(1)
Charge and management. The Commission shall take charge
and management of the City's cable television and communication utility
within and outside the corporate limits of the City under the guidance
and supervision of the Common Council.
(2)
Manager. The Utility Manager shall serve as manager
of the utility. As manager, the Utility Manager has the authority
to act on behalf of the Commission in the management of the cable
television utility.[1]
(3)
Employees/consultants.
(b)
The Commission may employ the services and fix
the compensation of such other agents or consultants as the Commission,
with the concurrence of the Common Council, deems necessary or convenient
for the operation and management of the utility.[3]
(c)
The Commission, when necessary, may utilize
the services of the Municipal Engineer, Municipal Attorney and other
officials and employees upon such basis as shall be mutually agreed
to or as determined by the Common Council. In such case the general
fund shall be reimbursed by the Commission for the pro rata cost of
such services.
(4)
Rates, rules and regulations. The Commission shall
have the authority to fix rates and establish rules and regulations
for the governance, management and operation of the utility subject
to the concurrence of the Common Council and establish rules for the
governance of its own proceedings.
(5)
Contracts.
(a)
The Commission shall have 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 utility and reviewed and approved by the Common Council.
(c)
The Commission is not authorized to purchase
any single item costing more than $10,000 without first receiving
the approval of the Common Council of the City of Oconto Falls.
E.
Organization.
(1)
(2)
Officers. Commission officers shall be the same as
those of the Water and Light Commission.
F.
Utility expenses. Utility expenses shall be audited
by the Commission at its regular monthly meetings and, if approved
by its President, shall be paid by the Deputy Treasurer pursuant to
§ 66.0607(4), Wis. Stats. The Commission may authorize the
payment of labor, salaries and such other regular expenses as the
Commission may determine, including but not limited to power and fuel
bills, to be paid as they become due, if approved by the President.[6]
G.
Utility receipts.
H.
General administrative policies.
(1)
Reporting. The Administrator - Clerk/Treasurer will
report monthly the financial condition of the utility to the Common
Council at its regular monthly meeting. All documents such as meeting
procedures, correspondence, reports, engineering records, and accounting
records shall be made available for inspection by the Council.
(2)
Programming. The Commission shall determine the programming
of the utility and will provide the best possible service to its subscribers.
(3)
Borrowing. The borrowing of any required funds by
the Commission is subject to the approval of the Common Council.
(4)
Billing.
(a)
Billing for CATV services shall be done monthly
and undertaken concurrently with the billing cycles of the other utilities
operated by the City of Oconto Falls.
(b)
Monthly service charges are due on the due date
of the other utilities operated and maintained by the municipality
and its commissions.
(c)
If payment is not received within five days of the date noted in Subsection H(4)(b) above, the account will be considered delinquent and subject to disconnection of service with notice. Reconnection will require the payment of the outstanding balance, interest, penalties, and reconnection charges as determined by the Commission.
I.
Subscriber service rules and regulations.
(1)
Application for service. All subscribers are required
to execute a written agreement for service. Such an agreement shall
be on file in the offices of the utility prior to the delivery of
service to the subscriber.
(2)
Conditions of service.
(b)
Conditions of service.
[1]
Service shall not be initially installed at
any location without the express authorization of the property owner.
[2]
Service does not acquire any rights or privileges
hereunder which are subject to assignment or transfer. Existing service
cannot be transferred from the name of one individual to another without
a separate application being completed and filed with the utility.
[3]
The subscriber grants, by virtue of being a
subscriber of the utility, the right of the utility, its agents and
employees to enter the premises of the subscriber for the purpose
of making periodic checks and adjustments as deemed necessary to the
successful operation of the entire system. In the event that the subscriber
is not the owner of the premises in which the utility's outlet and
equipment are installed, the subscriber warrants to the system that
he/she has the consent of the owner of the premises for the utility
to make the installation and maintenance contemplated by the utility.
[4]
All repairs and modifications of the utility
shall be made by and only by the utility. The subscriber agrees not
to disturb, tamper with, reroute or in any way interfere with any
component of the utility. No equipment shall be attached to the utility's
plant that is not authorized by the utility.
[5]
The subscriber will be required to pay the utility
customary charges for any change in location of the utility's facilities
made at the subscriber's request.
[6]
The subscriber agrees to be liable for all fees
associated with the delivery of utility services up to and through
the end of the billing cycle time that the subscriber notifies the
utility that service is to be disconnected.
J.
Obligations of utility.
(1)
Subscriber equipment. The utility has no responsibility
or obligation for operation, maintenance or repair of equipment or
components attached to the utility system that are owned by the subscriber,
whether or not authorization to connect such equipment to the utility
has been granted.
(2)
Service interruptions.
(a)
The utility shall have no liability of any nature
for any failure or interruption of service.
(b)
The utility shall maintain and operate its equipment
and render efficient service. Whenever it is necessary to interrupt
service for the purpose of making repairs, adjustments, or installations,
the utility shall do so at such time as will cause the least amount
of inconvenience to the customer, and unless the interruption is unforeseen
and immediately necessary, it shall give reasonable notice thereof
to the customers.
(3)
Subscriber breach of regulations. The utility retains
the right, at its option, to disconnect service to any subscriber's
premises or to remove the connecting wires between the utility's distribution
system cable and the terminal at the subscriber's premises in the
event of a breach by the subscriber of any of the provisions of this
section.
[Added 12-14-1999 by Ord. No. 99-021]
A.
Subject to the general control and supervision of
the Common Council, the Water and Light Commission is authorized to
provide telecommunications services and to carry out all associated
activities to the full extent allowed by applicable federal and state
laws, including, without limitation, § 62.11(5), Wis. Stats.,
and in compliance with such federal and state laws.
B.
For purposes of this section, the phrase "telecommunications
services" has the same definition as that contained in § 196.01(9m),
Wis. Stats., as may be amended from time to time.
No person shall be eligible to the office of
utility commissioner who serves on the governing board or as an officer
of or is employed either directly or indirectly by a competitor. The
office of any commissioner who shall become an officer or governing
board member or who becomes directly or indirectly employed by a competitor
of an Oconto Falls utility shall become vacant upon acquiring such
a position. This provision is not intended to disqualify a bona fide
City resident from serving as a utility commissioner on the basis
of owning property served by another utility or a noncontrolling amount
of stock in another utility.
