Whether the minority owners possess the power to make major decisions on policy and management and to direct the operations of the business on a day-to-day basis.
Whether there is any formal or informal restriction, including any provision of the bylaws, partnership agreement, joint venture agreement or corporate charter of the business, that provides for cumulative voting rights or other method of preventing minority owners from making decisions without the cooperation or vote of any nonminority owner.
Whether the securities constituting ownership of a corporation claiming to be a minority business are held directly by minority group members. No security held in trust or by a guardian for a child may be considered to be held directly by a minority group member.
Whether the contribution of capital or expertise by a minority owner of the business for the purpose of acquiring an interest in the business is real and substantial. If a contribution consists only of a promise to contribute capital or a note payable to the business or a nonminority owner, or mere participation as an employee of the business, the executive director shall not consider it a real and substantial contribution.
Whether nonminority owners of the business are disproportionately responsible for the operation of the business.
If the minority owners contract with another person for the management of the business, whether the ultimate power to hire and discharge managers rests with the minority owners or with the person with whom the minority owners contract.
In determining whether a business is independent, the executive director shall consider all relevant factors, including the date the business was established, the adequacy of its resources for the work it is expected to perform under the contract and the degree to which financial, equipment leasing and other relationships with nonminority businesses vary from customary industry practices. Recognition of a business as a separate entity for a tax or corporate purpose is not necessarily sufficient to prove that a business is independent.
(5) Award of contract.
For each contract to be awarded under this section, the executive director shall select from among all applicants the proposal that best meets the requirements under sub. (3)
, taking into consideration the cost of implementing the proposal. The district shall award contracts to the applicants selected by the executive director under this subsection.
(6) Review and implementation committee.
The executive director may establish a committee to assist him or her in all of the following areas:
Reviewing proposals and selecting the prime contractors to which contracts will be awarded.
Developing the implementation plan that is required under sub. (7)
The executive director shall develop a plan for the expeditious implementation of the programs created under this section that does all of the following:
Provides for the training of minority group members in construction and construction-related trades and occupations.
Provides for management and technical assistance to minority group members in construction and construction-related businesses.
Provides other management services necessary to assist minority businesses in developing construction-related capabilities and opportunities for participation in construction projects.
Provides for the development of a program that enables minority participation in specific components of contracts awarded for the purpose of developing the technical capabilities of minority businesses.
The executive director shall submit the plan to the secretary of natural resources for review and comment. The secretary of natural resources shall provide the executive director with comments or recommendations for changes in the plan, if any, within 30 days after the plan is submitted. No contracts may be awarded under sub. (5)
until 30 days after the date the plan is submitted to the secretary of natural resources or until the date the executive director receives the secretary's comments or recommendations, whichever is earlier.
Commission employees. 200.51(1)(1)
General powers of the commission.
The commission may appoint or employ professional or technical advisers and experts and other personnel the commission requires for the proper execution of its duties under this subchapter, fix their compensations and remove or discharge the employees at pleasure.
(2) Fixed period appointments.
The commission may appoint or employ highly trained, experienced or skilled employees for fixed periods.
(3) Indemnity bonds.
The commission may require any employee to provide an indemnity bond in an amount the commission finds appropriate for the proper performance of the employee's duties. No law respecting civil service applies to the commission or to the commission's employees.
(4) Retirement benefits.
Any employee of the district hired on or after April 26, 1982, is eligible to participate in any compensation or benefit program in which employees of a sewerage commission of a 1st class city under ss. 62.60
, 1979 stats., participated, and such program shall treat the employee as eligible to participate in such program. If an employee of the district is receiving retirement benefits from such a program at the time of employment by the district, such employee is not eligible to participate in the program unless the employee elects to suspend his or her retirement benefit payments during his or her employment by the district.
History: 1981 c. 282
; 1985 a. 175
; 1999 a. 150
; Stats. 1999 s. 200.51.
Annually on or before September 1, the commission shall adopt a capital budget for the benefit of the district, setting forth the anticipated revenues and expenditures for the ensuing fiscal year.
(2) Capital transfers.
During the budget year the commission may, with the concurrence of two-thirds of its members, transfer amounts from one capital account to another if it finds that the funds are not necessary to meet outstanding obligations payable from the account. Nothing in this subsection impairs, or authorizes the commission to impair, any contractual obligation entered into by the commission or the district.
History: 1981 c. 282
; 1999 a. 150
; Stats. 1999 s. 200.53.
The district may borrow money and issue and execute bonds, notes and other forms of indebtedness and may enter into agreements to secure its indebtedness in the manner specified in subs. (1)
The district may issue bonds, notes or certificates for the purposes provided in s. 66.0621
. Except as provided in pars. (b)
, the procedure for issuance of these bonds, notes or certificates is as specified in s. 66.0621
The commission has the powers and duties specified for a board or council in s. 66.0621
. The district has the powers and duties specified for a municipality in s. 66.0621
. If s. 66.0621
specifies that a board, council or municipality shall act by ordinance, the commission shall act by resolution.
District bonds issued under s. 66.0621 (4) (a)
shall be executed by the chairperson and secretary of the commission rather than by a chief executive and clerk.
Serially, commencing not later than 3 years from the date of issue;
In a specified term of years, if a sinking fund is created to pay the principal of these term bonds; or
A sinking fund created under subd. 1. b.
shall provide for the retirement of the term bonds beginning not later than 3 years from the date of issue, or for deposit of money in the sinking fund, beginning not later than 3 years from the date of issue, to pay the principal of the term bonds at maturity.
Notwithstanding s. 66.0621 (4) (a) 1.
, district bonds shall be made payable within 50 years from the date of the bonds, whether the bonds mature serially or within a specified term of years.
The commission may fix the proportion of revenues needed for operation and maintenance of the sewerage system and the proportion of revenues to be set aside as a depreciation fund.
The commission shall by resolution determine the proportion of revenues to be set aside for payment of principal and interest on the bonds as accurately as possible in advance. The commission may recompute the proportion of revenues set aside under this paragraph at any time, subject to the contract rights vested in holders of revenue obligations secured by the revenues.
Deeds or mortgages that secure principal and interest of bonds under s. 66.0621
shall be executed by the commission chairperson and secretary rather than by a chief executive and clerk.
Notwithstanding any contrary provision of s. 66.0621
, the district may issue bond anticipation notes under s. 66.0621 (4) (L)
in the form of commercial paper. If the district issues such commercial paper, the district may borrow to pay the interest on such paper, may obtain credit and liquidity facilities, and may delegate authority to any person to sell, execute, determine the interest rates, maturities, and amounts of such paper and to conduct the issuance of such paper as provided by the commission in the resolution under s. 66.0621 (4) (L)
authorizing the issuance. Such issuance under a single resolution shall be deemed a single issue of securities issued as of the date of the sale of the first such paper and not as a series of refundings. A resolution authorizing the issuance of commercial paper under this paragraph and any taxes levied or any pledge made on such issuance is irrevocable as specified in the authorizing resolution.
(1m) Investment of funds.
Notwithstanding any of the limits or restrictions in ss. 66.0621 (4) (d)
, 66.0811 (2)
, and 67.11 (2)
on the debt instruments in which the district or commission may invest any of its funds that are not immediately needed, the district may invest any such funds in a debt instrument listed under s. 66.0603 (1m)
(2) General obligation bonds.
The commission may issue bonds or notes of the district for the purposes and in the manner provided in ch. 67
. The purposes for which the commission may issue bonds or notes shall be construed to include financing the cost of planning and designing any part of the sewerage system and the cost of issuing the bonds or notes. Notwithstanding s. 67.08 (2)
, the commission may sell bonds or notes of the district issued under ch. 67
at public or private sale. If the commission authorizes the private sale of bonds or notes, the commission shall specify in its minutes the reasons for its decision to authorize private rather than public sale.
(3) Marketing revenue bonds.
To enhance the marketability of district bonds or notes issued under s. 66.0621
, the commission may:
Pledge to the issue unencumbered amounts to be received by the district as service charges.
Establish in the district's treasury a fund in a determinable amount not exceeding the principal amount of the issue, to be built up and maintained until the issue is paid or utilized as otherwise provided in the resolution or ordinance establishing the fund. The commission shall designate a fund established under this paragraph as a debt service fund for the particular issue. Any surplus in the debt service fund upon its termination shall be transferred to the general fund of the district treasury. The source of the debt service fund shall be one or more appropriations from the general fund of the district treasury, a direct, irrepealable, annual, general tax, a sales tax or a borrowing under sub. (2)
. The unfunded portion of the debt service fund is a debt of the district and shall be included in determining its debt limit under article XI, section 3
, of the constitution.
Levy a direct, irrepealable, annual, general tax in an amount sufficient to provide for the payment of all the principal and interest on the issue as it matures. The amount of the levy entered on the tax roll and collected each year shall be reduced by the amount in the special redemption fund provided under s. 66.0621
or in any similar fund that is available for payment of principal and interest on the issue during the ensuing year. The portion of the principal of the issue not paid or provided for is a debt of the district and shall be included in determining its debt limit under article XI, section 3
, of the constitution.
If the commission authorizes the issuance of bonds under ch. 67
it may, prior to the issuance of the bonds and in anticipation of their sale, authorize by resolution an issue of bond anticipation notes of the district in an aggregate principal amount not in excess of the authorized principal amount of the bonds. The resolution shall be adopted by two-thirds of the members of the commission and shall state that all conditions precedent to the authorization of the bonds have been complied with and that the notes are issued for the purposes for which bonds are authorized to be issued. The resolution shall pledge to the payment of the principal of and interest on the notes the proceeds of the sale of the bonds in anticipation of the sale of which the notes were issued. The resolution may provide, in addition to or in place of the pledge of bond proceeds, for the levy of a direct, annual, irrepealable tax upon all of the taxable property of the district in an amount sufficient to pay the interest on the notes as the interest falls due and to pay and discharge the principal of the notes at maturity.
No note may be issued under this subsection unless the commission's treasurer first certifies to the commission that contracts with respect to improvements are to be let and that the proceeds of the notes are required for the payment of the contracts.
Notes issued under this subsection shall be sold at public or private sale as determined by the resolution authorizing issuance. Notes issued under this subsection shall mature within 3 years of the date of issuance and shall be executed in the same manner as are district bonds. If the commission authorizes the private sale of notes, the commission shall specify in its minutes the reasons for its decision to authorize private rather than public sale. The notes shall state on their face that they are issued on behalf of the district and that they are payable from proceeds of bonds issued under ch. 67
or from a tax upon all of the taxable property in the district. The notes are not a general obligation of the district, except to the extent that a tax has been levied under par. (a)
Any funds derived from the issuance and sale of bonds under ch. 67
and issued subsequent to the execution and sale of notes issued under this subsection shall constitute a trust fund, which shall be expended first for the payment of principal and interest of the notes and then may be expended for other purposes set forth in the resolution authorizing the bonds.
For service provided to any user, the commission may establish, assess and collect service charges under s. 66.0821
or under this subsection. For service to any user outside the district and not located in a municipality which has contracted with the district under s. 200.39
, the commission may establish, assess and collect service charges under s. 200.41
. Except as provided under s. 200.41 (2)
, any charge made by the district under this subsection is reviewable under s. 200.59 (5)
. The sewerage service charges established under s. 66.0821
or under this subsection with respect to capital costs for service to any user shall be uniform.
The commission may, as a complete or partial alternative to any other method of recovering capital costs, compute a schedule of charges based on capital costs to be recovered under this subsection from any user.
In making this computation, the commission may consider any improvement, addition or rehabilitation of any physical structure, including interceptor sewers and treatment plants, to be an improvement, addition or rehabilitation to the entire sewerage system.
Adopt a schedule of charges computed under this paragraph. The commission may modify the schedule as it deems necessary.
Submit the schedule of charges it adopts and each modification of the schedule to each municipality subject to the charges.
Bill periodically each municipality subject to the charges for the charges due under this subsection.
Charges for sewerage service shall, to the extent practicable, be proportionate to the costs of the sewerage system that the district may reasonably attribute to the user.
The commission may classify users on the basis of uses and may establish separate charges for separate classes. In computing charges, the commission may consider any reasonable factor, including wastewater flow or drainage, delivery flow characteristics, water consumption, type and number of sewerage connections or plumbing fixtures, population served, lot size, portion of lot improved and assessed value of property served. The commission may also compute its fee schedules as needed to meet the requirements of s. 66.0821
or of title II of the water pollution control act, 33 USC 1251
Each sanitary district organized under subch. IX of ch. 60
and each metropolitan sewerage district organized under subch. I
that is billed by the commission under par. (b)
shall, within 5 days of receipt of a bill from the commission, in turn bill each city, town or village served by the sanitary district or metropolitan sewerage district organized under subch. I
. Each city, town or village located within the district and billed under this paragraph or billed by the commission under par. (b)
or under s. 66.0821
shall, within 45 days of receiving the bill, pay the full amount billed to the district. Each municipality may levy a reasonable penalty for late payment by the user to the municipality. Each municipality may provide for the payment of charges to it by any means specified in s. 200.39 (5)
Any city, town or village may collect and tax charges made by it to users in the same manner as water rates are taxed and collected under s. 62.69 (2) (f)
. Charges taxed under this subdivision are a lien upon the property served, as provided in s. 62.69 (2) (f)
The commission may separately compute, on any reasonable basis, both capital and operating costs of providing sewerage service to any federal, state, county or municipal facility and may directly bill the federal government, the state, the county or the municipality.
The commission may levy a tax upon the taxable property in the district as equalized for state purposes:
To pay principal, interest and any premiums on bonds or notes issued by the district under sub. (2)
or under s. 67.12
To acquire, extend, plan, design, construct, add to or improve land, waters, property or facilities for sewerage purposes.
Within 10 days after receiving the equalized valuations from the department of revenue, the secretary of the commission shall file with the clerk of each city, town or village wholly or partially within the boundaries of the district a certified statement showing the amount of the district tax levy and the proportionate amount of the tax to be entered on the tax rolls for collection in each city, town or village. The proportionate amount shall be based on the ratio of full value of the taxable property of the part of the city, town or village located in the district to the full value of all taxable property in the district. Upon receiving the certified statement from the secretary of the commission, the clerk of each city, town or village shall enter the amount of the tax on the tax rolls of the area of the city, town or village included in the district for collection. This proportionate amount of the tax is not subject to any limitation on county, city, village or town taxes.
(6m) Tax stabilization fund.
The commission may establish a tax stabilization fund for any purpose authorized by this subchapter.
(7) Consideration of area debt marketing plans.
Prior to exercising its authority under this section, the commission shall consider the debt marketing plans of any municipality or any county located wholly or partially within the district's boundary that notifies the commission of its debt marketing plans.
A district's method of allocating capital costs based on property values was permissible under this section. City of Brookfield v. Public Service Commission, 186 Wis. 2d 129
, 519 N.W.2d 718
(Ct. App. 1994).
Minority financial advisers and investment firms and disabled veteran-owned businesses. 200.57(1)(a)
“Disabled veteran-owned financial adviser" and “disabled veteran-owned investment firm" mean a financial adviser and investment firm, respectively, certified by the department of administration under s. 16.283 (3)
“Minority financial adviser" and “minority investment firm" mean a financial adviser and investment firm, respectively, certified by the department of administration under s. 16.287 (2)
The commission shall attempt to ensure that 5 percent of the total funds expended for financial and investment analysis and for common stock and convertible bond brokerage commissions in each fiscal year is expended for the services of minority financial advisers or minority investment firms.