[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:
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.
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.
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.
A.
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.
B.
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.
C.
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.
D.
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.
|
Base Charge
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=
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Recovery Amount
(Total RUs) + 2(Total NRUs)
|
E.
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.
F.
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.
A.
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.
B.
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:
(1)
The amount of arrears, including any penalties assessed;
(2)
That, if not paid by November 1, a penalty of 10% of the amount of
arrears shall be added to that amount;
(3)
That, unless paid by November 15, the delinquent charge(s) will be
forwarded to the county treasurer for placement on the tax roll.
A.
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.
B.
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.
