[Adopted 4-2-2001 as Title 3, Ch. 1, and Title 7, Ch. 9, of the 2001 Code]
A.
There shall be a fee for processing checks made payable to the City
that are returned because of insufficient funds in the account in
question. The amount of the fee shall be set by the Common Council.
[Amended 10-21-2013 by Ord. No. 2013-1]
B.
Collection costs and attorney fees shall be added to the principal
amounts of unpaid bills owed to the City that are placed with collection
agencies.
A.
Bond eliminated. The City of New Lisbon elects not to give the duplicate
bond on the City Clerk-Treasurer in his/her capacity as Treasurer
as provided for by § 70.67(1), Wis. Stats. The Clerk-Treasurer
and deputies shall otherwise be bonded as required by state law and
by the Common Council.
[Amended 10-21-2013 by Ord. No. 2013-1]
B.
City liable for default of Clerk-Treasurer. Pursuant to § 70.67(2),
Wis. Stats., the City shall be obligated to pay, in case the City
Clerk-Treasurer shall fail to do so, all state and county taxes required
by law to be paid by such City Clerk-Treasurer to the County Treasurer.
A.
Departmental estimates. Annually, at a time specified by the Mayor,
each officer, department, board and committee shall file with the
City Clerk-Treasurer an itemized statement of disbursements made to
carry out the powers and duties of such officer, department, board
or committee during the preceding fiscal year and a detailed statement
of the receipts and disbursements on account of any special fund under
the supervision of such officer, department, board or committee during
such year and of the conditions and management of such fund; also
detailed estimates of the same matters for the current fiscal year
and for the ensuing fiscal year. Such statements shall be presented
in the form prescribed by the City and shall be designated as "Departmental
Estimates" and shall be as nearly uniform as possible for the main
division of all departments.
B.
Preparation of proposed budget.[1]
(1)
Preparation. The City Clerk-Treasurer shall annually prepare and
submit to the Council a proposed budget presenting a financial plan
for conducting City affairs for the ensuing fiscal year.
(2)
Consideration of estimates. The City Clerk-Treasurer shall consider
such departmental estimates in consultation with the department head
and recommend a budget amount for such department or activity.
C.
Proposed budget. On or before November 1, the Common Council shall
prepare and submit for consideration a proposed budget presenting
a financial plan for conducting the affairs of the City for the ensuing
calendar year. The budget shall including the following information:
(1)
The expense of conducting each department and activity of the City
for the ensuing fiscal year and last preceding fiscal year, with reasons
provided for increase and decrease recommended as compared with appropriations
for the current year.
(2)
An itemization of all anticipated income from the City from sources
other than general property taxes and bonds issued, with a comparative
statement of the amounts received by the City from each of the same
or similar sources for the last preceding and current fiscal year.
(3)
An estimate of the amount of money to be raised from general property
taxes which, with income from other sources, will be necessary to
meet the proposed expenditures.
(4)
Such other information as may be required by the Common Council and
by state law.
D.
Copies of budget. The City Clerk-Treasurer shall provide a reasonable
number of copies of the budget summary thus prepared for distribution
to citizens. The entire fiscal budget shall be available for public
inspection in the office of the City Clerk-Treasurer during regular
office hours.
E.
Hearing; adoption.
(1)
The City Clerk-Treasurer shall submit to the Council at the time
the annual budget is submitted the draft of an appropriation ordinance
providing for the expenditures proposed for the ensuing fiscal year.
Upon the submission of the proposed appropriation ordinance to the
Council, it shall be deemed to have been regularly introduced therein.
(2)
A summary of such budget and notice of the time and place where such
budget in detail is available for public inspection and notice of
the time and place for holding the public hearing thereof shall be
published in the official newspaper of the City at least 15 days prior
to the time of such public hearing.
(3)
Not less than 15 days after the publication of the proposed budget
and the notice of hearing thereof, the public hearing shall be held
at the time and place stipulated, at which time any resident or taxpayer
of the City shall have an opportunity to be heard on the proposed
budget. The budget hearing may be adjourned from time to time.
(4)
A majority vote of the Common Council is required to adopt the proposed
budget and a vote of 3/4 of the Council is necessary to adopt the
appropriations budget.
The Council may at any time, by a two-thirds vote of the entire
membership, transfer any portion of an unencumbered balance of an
appropriation to any other purpose or object. Notice of such transfer
shall be given by publication within 10 days thereafter in the official
newspaper of the City.
No money shall be drawn from the treasury of the City, nor shall any obligation for the expenditure of money be incurred, except in pursuance of the annual appropriation in the adopted budget or when changed as authorized by § 63-4 of this article. At the close of each fiscal year, any unencumbered balance of an appropriation shall revert to the general fund and shall be subject to reappropriation, but appropriations may be made by the Common Council, to be paid out of the income of the current year, in furtherance of improvements or other objects or works which will not be completed within such year, and any such appropriation shall continue in force until the purpose for which it was made shall have been accomplished or abandoned.
The calendar year shall be the fiscal year.[1]
A.
Payment of claims.
(1)
Payment of claims hereunder may be made from the City treasury after
the Clerk-Treasurer audits and approves each claim as a proper charge
against the treasury and endorses his or her approval on the claim
after having determined that the following conditions have been complied
with:
(a)
The funds are available therefor pursuant to the budget approved
by the Common Council.
(b)
The item or service covered by such claim has been duly authorized
by the proper official, department head or board or commission.
(c)
The item or service has been actually supplied or rendered in
conformity with such authorization.
(d)
The claim is just and valid pursuant to law.
(2)
The Clerk-Treasurer has the authority to pay routine claims such
as utility bills up to $2,500 ("routine" meaning four times or more
per year) without Council approval, provided that the second signatory
also signs such checks.
(3)
The Clerk-Treasurer may require the submission of such proof and
evidence to support the foregoing as in his/her discretion he/she
may deem necessary. The Clerk-Treasurer also has the right to request
Council approval on any claim.
B.
Report to the Common Council. The Clerk-Treasurer shall file with
the Common Council a list of the claims approved, showing the date
paid, name of claimant, purpose and amount.
The City Clerk-Treasurer may invest any City funds not immediately
needed pursuant to §§ 66.0603 and 219.05, Wis. Stats.
In lieu of the personal signatures of the Mayor and Clerk-Treasurer,
there may be affixed on order checks the facsimile signatures of such
persons adopted by them and approved by the Common Council, but the
use of the facsimile signature shall not relieve such official from
any liability to which he/she is otherwise subject, including the
unauthorized use thereof.
A.
The City Clerk-Treasurer or his/her deputies shall not receive any
money into the treasury from any source except on account of taxes
levied and collected during the fiscal year for which they may then
be serving without giving a receipt therefor in the manner specified
by the Common Council.
B.
Upon the payment of any money (except for taxes as herein provided),
the City Clerk-Treasurer or his/her deputies shall make out a receipt
in duplicate for the money so received. The Clerk-Treasurer or his/her
deputies shall charge the amount thereof to the treasury and credit
the proper account. The payment of the money to any receiving agent
of the City or to the City shall be safeguarded in such manner as
the Common Council shall direct.
The City Clerk-Treasurer and his/her deputies are authorized
to prepare a statement of real property status form to be used to
provide information often requested for transfers of real property,
such as the amount of outstanding special assessments, deferred assessments,
changes in assessments, amount of taxes, outstanding water and sewer
bills, current water and sewer bills, pending citations regarding
building and health codes, and similar information. Any such information
sought shall be provided to the person requesting it on said form.
A minimum of one business day is required for preparation of a statement
of real property status. There shall be a fee for compiling such information,
plus an additional fee for facsimile transmissions. The amount of
the fees shall be set by the Common Council. In providing this service,
the City of New Lisbon and its officials assume no liability for such
service nor is any warranty intended or implied.
Billings by the City may be paid within 30 days after billing
without interest. Thereafter, interest may be charged at the rate
of 1 1/2% per month or any fraction thereof until the following 15th
day of November. Bills not paid on or before the 15th day of November
shall have added to the total amount due 1 1/2% of said charges and
shall be entered on the tax roll as a special charge and become a
lien upon real estate.
A firm of certified public accountants shall be employed each
year by the City, subject to the confirmation of the Common Council,
to conduct a detailed audit of the City's financial transactions and
its books and to assist the City Clerk-Treasurer in the management
of the City's financial affairs, including the City's public utilities.
These auditors shall be employed on a calendar-year basis. The books
audited may, in addition to the City financial records of the office
of the City Clerk-Treasurer, include the City Clerk-Treasurer's books,
the City's public utilities, Police Department records, and any other
books of any boards, commissions, officers or employees of the City
handling City moneys.
No agent of the City of New Lisbon having authority to employ
labor or to purchase materials, supplies or any other commodities
may bind the City or incur any indebtedness for which the City may
become liable without approval of the Council. Each such employment
or purchase order shall be drawn against a specific appropriation,
the money for which shall be available in the City treasury and not
subject to any prior labor claims or material purchase orders at the
time when such employment is negotiated or purchase order drawn. The
City Clerk-Treasurer shall keep a record of such employment and purchase
orders and shall charge them against the proper appropriation.
A.
Definitions.
(1)
Verbal quotation form. The City may solicit verbal quotations on
items the City purchases which are $10,000 or less. The results of
the verbal quotations are recorded on a memorandum of verbal quotation
form.
(2)
Informal quotation. An informal quotation is a written request for
quotation sent to vendors. The informal quotation is used for the
purchase of goods and services in an amount $10,000 or less.
(3)
Formal bid. The formal bid procedure is used for purchasing goods
and services in an amount over $10,000 and in some instances in amounts
less than this amount. The formal bid procedure requires a legal public
notice and contains detailed, written specifications regarding the
goods and services to be purchased and a number of specific conditions
associated with the purchase.
B.
Bid solicitation.
(1)
Competitive bids or quotations may be obtained before contracting to purchase articles, goods, wares, material, services or merchandise which amounts in bulk to more than $1,000. Purchases up to $1,000 may be made by either telephone quotations, informal written quotations or formal bid. Purchases from $1,000 to and including $10,000 shall be made by written quotation, telephone quotation or formal bid. Purchases over $10,000, pursuant to Subsection A above, shall be made by formal bid unless exempted from it by action of the Common Council.
(2)
Verbal quotations for goods and services shall be secured from at
least two qualified vendors and the results of the quotations shall
be recorded on the "Memorandum of Verbal Quotation" form and signed
by the person receiving the quotations.
(3)
Informal requests for written quotations shall be solicited from
at least three qualified bidders on the request for quotation form.
All written requests for quotations shall be issued by the City Clerk-Treasurer
or pertinent department head and returned to and analyzed by the City
Clerk-Treasurer or pertinent department head. Informal requests for
written quotations may also be solicited by telephone. Vendors shall
be given a reasonable time to respond to the request for an informal,
written quotation and shall be given clear, concise specifications
and informal bidding instructions to facilitate competitive bidding.
(4)
When a formal bid is required or deemed to be in the best interests
of the City, the bidding procedure shall follow the legal requirements
associated with a Class 1 notice under state statute and the procedures
normally associated with the formal bid proposal.
(5)
The formal bid proposal will contain at least the following information:
(a)
The bid number.
(b)
A detailed description of the goods and services required, including
enough information about the items or services required so that more
than one vendor can meet the specifications.
(c)
The time, date and place the bids will be opened.
(d)
The address to which the bids shall be mailed or delivered.
(6)
Instructions to bidders shall include such information as delivery
dates, transportation charges, proposal prices, conditions for guaranteeing
the proposal, payment terms, right of rejection of proposals, right
to reject merchandise, insurance requirements, alternative proposal
consideration, tax information, and other appropriate information
regarding the awarding and execution of the contract and contract
considerations. The bid proposal shall also include a section on special
provisions, including guarantees and service considerations, trade-in
considerations, and other information relating to special conditions.
(7)
Specifications for all items purchased shall be developed with the
full involvement and participation of the using departments. However,
the City Clerk-Treasurer shall ensure that the specifications are
sufficiently broad enough that competition in the bidding process
is preserved.
C.
Blanket purchase orders.
(1)
Upon authorization by the Common Council, the pertinent department
head may issue blanket purchase orders to those few merchants from
whom many repetitive purchases are made as supplies are required.
(2)
The Common Council shall determine the need to use a blanket purchase
order procedure.
(3)
The bidding procedure for blanket purchase orders may follow the
procedures used for other goods and services.
(4)
After a vendor has been selected, the using department or departments
shall use the same purchase order number on all purchases made under
the blanket purchase order. The Common Council shall authorize the
individual or individuals who shall have the authority to sign for
purchases under the blanket purchase order procedure.
Delinquent utility bills shall be collected in accordance with
§ 66.0809(3), Wis. Stats., which is adopted by reference
and incorporated in this section.
A.
Pursuant to the authority of § 74.47(2), Wis. Stats., the
City hereby imposes a penalty of 0.5% per month or fraction of a month,
in addition to the interest prescribed by § 74.47(1), Wis.
Stats., on all overdue or delinquent personal property taxes retained
for collection by the City or eventually charged back to the City
by the county for purposes of collection under § 74.42,
Wis. Stats.[1]
B.
This penalty of 0.5% per month or fraction of a month shall apply
to any personal property taxes which are overdue or delinquent.
A.
Purpose. Cash and investments generally represent the largest asset
on the City's balance sheet, and the City frequently has cash available
for short-term, intermediate and long-term investments. Therefore,
it is important that the City establish a policy to ensure continuous
prudent investment of available City funds. It is in the interest
of the City of New Lisbon to adopt a policy to ensure continuous prudent
deposits and investments of available City funds. The Common Council
of the City of New Lisbon establishes the following policies in the
public interest for the deposit and investment of available City funds.
B.
Public depositories.
(1)
Depositories. The Common Council shall, by ordinance or resolution,
designate one or more public depositories, organized and doing business
under the laws of this state or federal law and located in Wisconsin,
in which the City Clerk-Treasurer shall deposit all public moneys
received by her/him.
(2)
Limitations. The resolution or ordinance designating one or more
public depositories shall specify whether the moneys shall be maintained
in time deposits subject to the limitations of § 66.0603(1m),
Wis. Stats., demand deposits or savings deposits and whether a surety
bond or other security shall be required to be furnished under § 34.07,
Wis. Stats., by the public depository to secure the repayment of such
deposits.[1]
(3)
Deposits. The City Clerk-Treasurer shall deposit public moneys in
the name of the City of New Lisbon in such public depositories designated
by the Common Council and subject to the limitations hereinabove set
forth.
(4)
Withdrawals. Withdrawals or disbursements by the City Clerk-Treasurer
of moneys deposited in a public depository shall be made as provided
by § 66.0607, Wis. Stats. The City Clerk-Treasurer is authorized,
at her/his discretion, to process periodic payments through the use
of money transfer techniques as set forth in § 66.0607,
Wis. Stats.
C.
Investments.
(1)
Management. Subject to the provisions of this policy, the City Clerk-Treasurer
shall have control of and discretion in the investment of all City
funds that are not immediately needed and are available for investment.
(2)
Intent. It is the intent of the Common Council that the City Clerk-Treasurer
utilize a wise and prudent cash management system within the level
of her/his expertise in such a manner to ensure maximum investment
earnings, while at the same time being able to respond promptly to
authorized expenditures. Safety, liquidity and yield will be the prime
requisites for the investment of City funds.
(3)
Scope. This policy is limited in its application to funds which are
not immediately needed and are available for investment. Other funds,
the investment of which is subject to special federal and/or state
laws and regulations, shall be invested in accordance with such laws
and regulations to the extent they may be inconsistent with the provisions
of this policy.
(4)
Responsibility. In exercising her/his investment responsibilities,
the City Clerk-Treasurer shall exercise the care, skill, prudence
and diligence under the circumstances then prevailing that a prudent
person acting in a similar capacity, having the same resources, and
familiar with like matters in the management of a similar activity,
with a like purpose, would exercise.[2]
D.
Investment factors. The City Clerk-Treasurer is authorized and directed
to utilize investment options as set forth within these guidelines,
and the City Clerk-Treasurer shall take into consideration the following
factors which are listed in order of priority to the investment decision:
(1)
Certificates of deposit. City funds may be invested in certificates
of deposit maturing within one year or less from the date of investment
issued by any banks, savings and loan associations or credit unions
which are authorized to transact business in the State of Wisconsin.
The financial institutions must have been designated as a public depository
of the City by resolution or ordinance of the Common Council.
(2)
Government bonds and securities. City funds may be invested in United
States government bonds or securities which are direct obligations
of or guaranteed as to principal and interest by the federal government
and bonds or securities which are obligations of any agency, commission,
board or other instrumentality of the federal government, where principal
and interest are guaranteed by the federal government. The securities
must be purchased through financial institutions authorized to conduct
business in the State of Wisconsin and placed in safekeeping in a
segregated account in the City's name at any designated public depository
or approved financial institution.
(3)
Government investment pool. City funds may be invested in the Wisconsin
Local Government Pool Investment Fund without restriction as to the
amount of deposit or collateralization.
(4)
Repurchase agreements. City funds may be invested in repurchase agreements,
in financial institutions authorized to conduct business in the State
of Wisconsin. Repurchase agreements can only be made in securities
which are direct obligations of or guaranteed as to principal and
interest by the federal government and securities which are obligations
of an agency, commission, board or other instrumentality of the federal
government, where principal and interest are guaranteed by the federal
government. Securities purchased by a repurchase agreement must be
placed in safekeeping in a segregated account in the City's name at
any designated public depository or approved financial institution.
(5)
Wisconsin Investment Trust. City funds may be invested in the Wisconsin
Investment Trust without restrictions as to the amount of deposit
or collateralization.
(6)
Savings deposit. City funds may be temporarily invested in savings
deposits.
(7)
Securities. The City Clerk-Treasurer may invest in private securities
which are senior to, or on a parity with, a security of the same issuer
which is rated highest or second highest by Moody's Investors Service,
Standard and Poor's Corporation or other similar nationally recognized
rating agency.
E.
Safety.
(1)
In order to safeguard investments and deposits, the City shall acquire
from each public depository its annual financial statements and evaluate
such statements as to the financial soundness of the depository. Also
to be reviewed is other pertinent financial information filed with
regulatory agencies.
(2)
The City shall require, when investing in repurchase agreements,
that collateral be pledged by the depository in an amount equal to
or greater than the amount of the repurchase agreements the City has
with such depository. In excess of FDIC coverage, the collateral shall
be direct obligations of the United States, or of its agencies if
the payment of principal and interest is guaranteed by the federal
government, or obligations of the State of Wisconsin or of the City
of New Lisbon. Evidence of such collateral shall be provided by the
depository.
(3)
Consideration shall also be given to the total amount of existing
City funds which are already in such depository and/or the capacity
of the depository to handle the size of the deposit or investment,
with consideration of federal depository insurance and State of Wisconsin
guarantee fund requirements.
F.
G.
Yield.
(1)
Yield shall be the final determining factor of the investment decision.
(2)
Bids shall be required of all investments that exceed both $100,000
and a thirty-day or longer maturity date. A minimum of three bids
from the City's public depository list shall be acquired. Exceptions
to the bid process include only the purchase of obligations of the
U.S. Treasury and deposits in the Wisconsin Local Government Investment
Pool, which shall be registered in the City's name.
H.
Miscellaneous.
(1)
Liability. Notwithstanding any other provision of law, the City Clerk-Treasurer
who deposits public moneys in any public depository in compliance
with § 34.05, Wis. Stats., is, under the provisions of § 34.06,
Wis. Stats., relieved of any liability for any loss of public moneys
which results from the failure of any public depository to repay to
the public depositor the full amount of its deposits, thus causing
a loss as defined in § 34.01(2), Wis. Stats.
(2)
Definitions. Words or phrases shall, insofar as applicable, have
the meaning set forth in § 34.01, Wis. Stats., as amended.
(3)
Conflicts. This section is enacted in accordance with the provisions
of Ch. 34 and § 66.0603, Wis. Stats. In case of conflict,
the state laws shall prevail.
A.
B.
Appeals; notice and hearing. Prior to any denial of an application for renewal of a license, including denials pursuant to Subsection A, the applicant shall be given notice and opportunity for a hearing as hereinafter provided:
(2)
With respect to licenses other than those described in Subsection B(1) herein, the Common Council shall notify the applicant in writing of the City's intention not to renew the license and shall provide the applicant with an opportunity for hearing. The notice shall state the reasons for the intended action and shall establish a date, not less than three days nor more than 10 days after the date of the notice, on which the applicant shall appear before the Common Council. If the applicant shall fail to appear before the Common Council on the date indicated on the notice, the Common Council shall deny the application for renewal. If the applicant appears before the Common Council on the date indicated in the notice and denies that the reasons for nonrenewal exist, the Common Council shall conduct a hearing with respect to the matter. At the hearing, both the City and the applicant may produce witnesses, cross-examine witnesses and be represented by counsel. The applicant shall, upon request, be provided a written transcript of the hearing at the applicant's expense. If the Common Council determines that the applicant shall not be entitled to renewal pursuant to Subsection A, the application for renewal shall be denied.
C.
Other license denial appeals. Where an individual, business or corporation wishes to appeal the City Clerk-Treasurer's decision not to issue a license or permit under this Code on grounds other than those specified in Subsections A and B above, the applicant may file a request in writing with the City Clerk-Treasurer that the matter be referred to the Common Council. A public hearing shall be scheduled within 14 calendar days by the Common Council. All parties may be represented by counsel. The Common Council shall consider all relevant information and shall render a decision which shall be binding.
Applicants for any license specified in this Code, except under Chapter 205, Amusement Arcades, or Chapter 211, Animals, shall be required to pay a Crime Information Bureau (CIB) investigation fee at the time of making such application. The amount of the fee shall be set by the Common Council. The City may also require payment of such fee and a records investigation for license renewals.
