Wisconsin Code § 200.39

Contract sewerage service
Open in Lexace · Ask the AI about this section
(1) GENERAL
POWER OF THE COMMISSION. Subject to subs. (2) to (6), the commission may contract with any city, town, village, sanitary district
organized under subch. IX of ch. 60 or metropolitan sewerage
district organized under subch. I wholly or partially outside the
boundaries of the district, but wholly or partially within the same
general drainage area as the district for the transmission, treatment or disposal of sewage from any territory located in the city,
town, village, sanitary district or metropolitan sewerage district.
Each contract executed under this section shall specify the terms
of payment of sewerage service charges by the contracting party.
(2) PRIOR APPROVALS. Before permitting any city, town, village, sanitary district or metropolitan sewerage district to connect
its sewers with or use any of the district’s interceptor sewers under this section, the sewers shall be approved as provided in s.
200.37 (1). The governing body of the city, town, village, sanitary district or metropolitan sewerage district may enter into a
contract under this section only by a vote of three-fourths of its
members.
(3) SERVICE CHARGES FOR OPERATION AND MAINTENANCE.
As part of any contract executed under this section, the commission may assess reasonable and just sewerage service charges
against the contracting party with respect to operating and maintenance costs. These charges shall be established in accordance
with s. 200.59 and are subject to review under s. 200.59. The
schedule of service charges may, but need not, be uniform with
any other schedule of charges established by the commission.
(4) SERVICE CHARGES FOR CAPITAL COSTS. (a) As part of
any contract executed under this section, the commission may assess reasonable and just sewerage service charges against the contracting party with respect to capital costs. These sewerage service charges are subject to review under s. 200.59. The schedule
of sewerage service charges with respect to capital costs used in
contracts executed under this section shall be uniform with the
system used to recover capital costs within the district.
(b) Except as provided in par. (c), the charges assessed under
this subsection shall be established in accordance with s. 66.0821
or 200.55 (5). In computing the schedule of charges under this
subsection, the commission may consider the factors specified in
s. 66.0821 (5) or 200.55 (5) . In computing the schedule of
charges under this subsection, the commission may also consider
the fact that sewerage service may not be available to or may be
available to but not utilized by a part of the property located
within the territorial limits of a contracting party at the time of
computing the schedule.
(c) If the commission adopts a system with respect to capital
costs within the district on the basis of the value of the property
in the area to be served, as equalized under s. 70.57, the commission shall adopt a system of sewerage service charges with respect
to capital costs used in contracts executed under this section that
shall equal the amount the commission would be able to levy as
taxes upon the area to be served by the contract, if the area was
within the district boundary.
(5) PAYMENT OF ASSESSED CHARGES. (a) Any city, town, village, sanitary district organized under subch. IX of ch. 60 or metropolitan sewerage district organized under subch. I that contracts
under this subsection may provide for the payment of charges
from any available source, including:
1. Tax levy.
2. Assessments upon and assessments of charges against the
whole city, town, village, sanitary district organized under subch.
IX of ch. 60 or metropolitan sewerage district organized under
subch. I or upon or against any part thereof that the governing
body determines to be benefited by the service.
3. Borrowing under s. 67.12 (12).
4. Disbursements from the general fund.
5. The proceeds of a sales tax.
6. The proceeds of its own schedule of service charges. The
schedule of these charges may, but need not, be uniform with any
schedule of charges established by the commission.
(b) A deficiency in the source of funds for payment does not
relieve the contracting party of liability for failure to pay the commission in full at the time provided in the contract.
(6) INTEREST ON LATE PAYMENTS. Contracts executed under
this section may provide for interest on late payments.

‹ Prev All Wisconsin sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.