[HISTORY: Adopted by the Village Board of the Village of Sauk City 9-10-2019 by Ord. No. 2019-7. Amendments noted where applicable.]
The Village Board has determined that in order to promote the health, safety, morals, and general welfare of the community, it is in the best interest of the citizens that the Village operates and maintains a streetlighting system and has further determined that the operation and maintenance of such utility benefits each and every improved property within the Village. The Village Board has therefore determined that it is fair, appropriate and reasonable that the costs of such operation and maintenance be paid on a fair and reasonable basis by all of improved lots in the Village so benefitted and the cost should be charged and collected from all such benefitted lots, except for those exempted herein, through the imposition of charges as provided in this chapter. In promulgating the regulations contained in this chapter, the Village is acting pursuant to authority granted by Wisconsin Statutes, including, but not limited to, § 66.0627.
The following terms shall have the following meanings:
- IMPROVED LOT
- Each tax parcel of land that has located thereon improvements, such as a building, garage, shed, storage facility, or any other type of structure providing housing, storage, or any type of commercial, industrial, or institutional use.
- NONRESIDENTIAL UNIT(S) OR NRU(S)
- Is a unit used in the calculation for determining the streetlight utility service base charge for nonresidential and some multifamily residential lots. One nonresidential unit is assigned to each industrial, commercial, or institutional structure, which is directly invoiced by the Village for public electric service, on each improved lot. One nonresidential unit is assigned to each multifamily building consisting of three or more dwelling units, where the property owner, and not each dwelling unit, is directly invoiced by the Village for public electric service.
- RESIDENTIAL UNIT(S) OR RU(S)
- Is a unit used in the calculation for determining the streetlight utility service base charge for certain residential lots. One residential unit is assigned to each dwelling unit in either a single-family, a two-family, or a multifamily building with three or more dwelling units that are each directly invoiced by the Village for public electric service, such that the number of residential units for any improved lot shall equal the number of such dwelling units located on that improved lot.
The streetlight utility service consists of all streetlighting facilities owned and/or operated by the Village and all streetlighting facilities for which the Village purchases and supplies electrical energy. In order to carry out the purposes identified, it is determined that it would be just and equitable to recover some or all of the cost of operating the streetlight system service on an equitable basis from each improved lot located within in the geographical boundaries of the Village.
The basis for computation of the charge for streetlight utility services to improved lots within the Village is established under this section; and such charges are based on the total number of residential units and/or nonresidential units located on each improved lot. All charges established pursuant to this chapter shall be fair and reasonable. A schedule of current charges shall be maintained and on file in the office of the Village Clerk.
Charges shall be imposed to recover all or a portion of the costs of owning and operating the streetlight utility services. Such charges are those authorized from time to time by the Wisconsin Public Service Commission and are invoiced to the Village of Sauk City by the Sauk City Electric Utility. This amount shall be known as the recovery amount. The recovery amount shall be determined for each calendar year, based upon the total amount invoiced to the Village for the period January through December of such year. The total amount of the recovery amount for such year shall be determined as of December 29 of such year insofar as is practicable. Once so determined, the total recovery amount shall constitute the amount to be recovered from improved lots for the following calendar year for streetlighting services provided in such year.
Once the total recovery amount has been determined as provided for in Subsection C above, it shall be divided by the total of the number of residential units located on all improved lots in the Village and the number of nonresidential units located on improved lots in the Village, multiplied by a factor of 2.0. The resultant is herein referred to as the base charge.
Streetlight utility service charge. Each residential unit shall be charged a streetlight utility service charge equal to the base charge. Each nonresidential unit shall be charged a streetlight utility service charge equal to the base charge multiplied by a factor of 2.0.
The streetlight utility service charge shall be invoiced to the unit billed by the Village for public electric service on a monthly basis, with each monthly invoice being for 1/12 of the streetlight utility service charge.
Streetlight utility service charges shall be billed on the regular monthly utility invoice to the recipient designated by the owner of the tax parcel or the lessee to which the bill relates, provided that such mailing shall not relieve the owner of rental property from liability for the streetlight utility service charges in the event payment is not made. The owner of any tax parcel, which is occupied by tenants, shall have the right to examine the appropriate records of the utility to determine whether such rates and charges have been paid by such tenants, provided that such examination shall be made at the office at which the records are kept during normal business hours.
Streetlight utility charges shall be payable upon receipt. Monthly streetlight utility charges, or arrears, shall not be payable in installments. If a charge remains unpaid for a period of 20 days after it is due and payable said charge shall be deemed delinquent. Such delinquent charge shall be subject to a late payment penalty. Said late payment penalty shall be 1% of the delinquent charge per month.
On October 15 in each year the Village Administrator shall give notice to the owner or occupant of all improved lots to which streetlight system services have been provided prior to that date and which are outstanding and in arrears at that time. The notice shall include the following information:
The amount of arrears, including any penalties assessed;
That, if not paid by November 1, a penalty of 10% of the amount of arrears shall be added to that amount;
That, unless paid by November 15, the delinquent charge(s) will be forwarded to the county treasurer for placement on the tax roll.
A streetlight utility charge may be appealed to the Village Board. An appeal can be undertaken by filing a written appeal with the Village Clerk prior to the due date of the charge or within 30 days of payments. However, no appeal can be taken unless the disputed charges have been paid in full. The written appeal shall specify all grounds for challenge to the amount of the charge and shall state the amount of charge that the appellant considers being appropriate. Failure to appeal within 30 days of payment shall deprive the Village Board of jurisdiction to hear the appeal.
In considering an appeal, the Village Board shall determine whether the streetlight utility charge is fair and reasonable and, in the event the appeal is granted, whether or not a refund is due the appellant and the amount of the refund. The Village Board shall conduct a formal or informal hearing and obtain sufficient facts upon which to make a determination. The decision of the Village Board shall be based upon the evidence presented to it. The Village Board shall notify the appellant in writing of its determination.