[HISTORY: Adopted by the Town Board of the
Town of Cedarburg 1-2-1991 as Title 2, Ch. 7 of the 1991 Code. Amendments noted where
applicable.]
GENERAL REFERENCES
Special assessments and charges — See Ch. 10.
A.
Fiscal year; annual budget. The Town fiscal year is
the calendar year. The Town budget shall be adopted annually.
B.
Preparation. The Town Board is responsible for preparation
of the proposed budget required under § 65.90, Wis. Stats.
In preparing the budget, the Town Board may provide for assistance
by any person.
C.
Estimates. When requested by the Chairperson, Town
Board or Town Administrator, each officer, department and committee
shall annually file with the Town Administrator an itemized statement
of disbursements made to carry out the powers and duties of such officer,
department 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 or committee
during such year, and of the conditions and management of such fund,
and 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 Town Administrator and shall be designated
as "Departmental Estimates" and shall be as nearly uniform as possible
for the main division of all departments.
D.
Form of proposed budget. The proposed budget shall
include the following information:[1]
(1)
The actual expenditures of each department and activity
for the expired portion of the current year, and last preceding fiscal
year, and the estimated expense of conducting each department and
activity of the Town for the remainder of the current year and ensuing
fiscal year, with reasons for any proposed increase or decrease as
compared with actual and estimated expenditures for the current year.
(2)
An itemization of all anticipated income of the Town
from sources other than general property taxes and bonds issued, with
a comparative statement of the amounts received by the Town 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)
All existing indebtedness of the Town, including the
amount of interest payable and principal to be redeemed on any outstanding
general obligation bonds of the Town and any estimated deficiency
in the sinking fund of any such bonds during the ensuing fiscal year.
(5)
Such other information as may be required by the Board
and by state law.
E.
Copies of budget. The Town shall provide a reasonable
number of copies of the budget thus prepared for distribution to citizens.
F.
Hearing. The Town Board shall conduct the budget hearing
required under § 65.90, Wis. Stats.
G.
Adoption. The Town Board shall adopt the Town budget.
The Town Meeting may either retain authority to approve any tax levy
needed to support spending approved by the Town Board or may delegate
the authority to approve a tax levy to the Board.
H.
Amendment. The Town budget may be amended by the Town
Board under § 65.90(5), Wis. Stats.
The adopted budget shall not be changed after
approval of the budget except upon the recommendation of the Chairperson
and upon a two-thirds vote of the entire membership of the Town Board.
Notice of such transfer shall be given by publication within eight
days thereafter in the official Town newspaper.
No money shall be drawn from the treasury of the Town, 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 § 21-2 of this chapter. At the close of each fiscal year, any unencumbered balance of any appropriation shall revert to the general fund and shall be subject to reappropriation, but appropriations may be made by the Board, 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 Town Board annually shall prepare a statement
of the financial condition of the Town and present the statement to
the Annual Town Meeting. In preparing the statement, the Town Board
may provide for assistance by any person. The statement shall include
the previous year's revenues and expenditures and the current indebtedness
of the Town.
The Town Clerk shall maintain a finance book
under § 60.33(3), Wis. Stats.
The Town Board may provide for financial audits
under § 66.0605, Wis. Stats.
A.
Claims for money against the Town or against officers,
officials, agents or employees of the Town arising out of acts done
in their official capacity shall be filed with the Town Clerk as provided
under § 893.80(1)(b), Wis. Stats.
B.
The Town Board shall allow or disallow the claim.
Notice of disallowance shall be made as provided under § 893.80(1g),
Wis. Stats.
Disbursements from the Town treasury shall be
made under § 66.0607, Wis. Stats. Each check representing
a disbursement or transfer of Town funds must be signed by both the
Clerk and Treasurer, unless the Town Board adopts a resolution, which
is filed with each public depository holding Town funds, requiring
only two signatures. Each check must also be signed by the person
who chairs the Town Board.
In lieu of the personal signatures of the Treasurer,
Clerk and Chairperson, there may be affixed on order checks the facsimile
signatures of such persons adopted by them and approved by the Town
Board, but the use of the facsimile signature shall not relieve such
official from any liability to which he is otherwise subject, including
the unauthorized use thereof.
The Town Board shall designate one or more public
depositories for depositing funds of the Town. The Treasurer and the
Treasurer's surety are not liable for loss, as defined under § 34.01(2),
Wis. Stats., of money deposited in the name of the Town in a designated
public depository. Interest accruing from Town money in a public depository
shall be credited to the Town.
The Town Treasurer may invest any Town funds
not immediately needed, pursuant to §§ 66.0603(1m)
and 219.05, Wis. Stats.
[Amended 10-4-2006 by Ord. No. 2006-11]
A.
PUBLIC CONTRACT
RESPONSIBLE BIDDER
Definitions. In this section, the following terms
shall have the meaning indicated:
A contract for the construction, execution, repair, remodeling
or improvement of any public work or building or for the furnishing
of materials or supplies, with an estimated cost greater than $5,000.
A person who, in the judgment of the Town Board, is financially
responsible and has the capacity and competence to faithfully and
responsibly comply with the terms of the public contract.
B.
Advertisement for bids. Except as provided in Subsections D and E:
[Amended 8-5-2009 by Ord. No. 2009-13]
(1)
The Town may not enter into a public contract with
an estimated cost of more than $5,000 but not more than $25,000 unless
the Town Board, or a Town official or employee designated by the Town
Board, gives a Class 1 notice under Ch. 985, Wis. Stats., before execution
of that public contract.
(2)
The Town may not enter into a public contract with
a value of more than $25,000 unless the Town Board, or a Town official
or employee designated by the Town Board, advertises for proposals
to perform the terms of the public contract by publishing a Class
2 notice under Ch. 985, Wis. Stats. The Town Board may provide for
additional means of advertising for bids
D.
Contracts with governmental entities. This section
does not apply to public contracts entered into by the Town with a
municipality, as defined under § 66.0301(1)(a), Wis. Stats.
E.
Exception for emergencies and donated materials and
labor. This section is optional with respect to public contracts for
the repair and construction of public facilities when damage or threatened
damage to the facility creates an emergency, as declared by resolution
of the Town Board, that endangers the public health or welfare of
the Town. This subsection no longer applies when the Town Board declares
that the emergency no longer exists. This section is optional with
respect to a public contract if the materials related to the contract
are donated or if the labor that is necessary to execute the public
contract is provided by volunteers.
F.
Application to work by Town. This section does not
apply to any public work performed directly by the Town.
A.
The Treasurer 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 he or she may then be serving, without
giving a receipt therefor in the manner specified by the Town Board.
B.
Upon the payment of any money (except for taxes as
herein provided), the Treasurer shall make out a receipt in duplicate
for the money so received. The Treasurer shall charge the amount thereof
to the treasury and credit the proper account. The payment of the
money to any receiving agent of the Town or to the Town or to the
Treasurer shall be safeguarded in such manner as the Town Board shall
direct.
A.
Bond eliminated. The Town of Cedarburg elects not
to give the bond on the Town Treasurer provided for by § 70.67(1),
Wis. Stats.
B.
Town liable for default of Treasurer. Pursuant to
§ 70.67(2), Wis. Stats., the Town shall be obligated to
pay, in case the Treasurer shall fail to do so, all state and county
taxes required by law to be paid by such Treasurer to the County Treasurer.
The Town Clerk is 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, electric and sewer bills, current
water, electric and sewer bills, contemplated improvement, floodplain
status, violation of the building and health codes and similar information.
Any such information sought shall be provided to the person requesting
it on said form. The Town Clerk shall collect a fee as set by the
Town Board for furnishing such information on said form.
[Added 1-4-2023 by Ord. No. 2023-2]
A.
Fees of Town of Cedarburg professionals to be reimbursed and charged back. Whenever either the Town Board, Town Administrator, Town Clerk or other Town official has authorized an applicant and/or a property owner in the Town of Cedarburg to contact or consult with the Town Attorney, Engineer, Planner, Economic Development Consultant, or any other Town professional staff or consultant, or whenever the Town Board, Town Administrator, Town of Cedarburg Clerk or other Town of Cedarburg official, in the performance of their official duties and responsibilities, contacts or consults with the Town Attorney, Engineer, Planner, Economic Development Consultant, or any other Town professional staff or consultant, then the costs, fees and expenses associated with that contact, review and/or consultation shall be charged to the applicant and/or property owner requesting the matter or receiving the benefit of that contact or consultation, provided that the costs, fees and expenses do not result from a service provided to the residents of the Town of Cedarburg in general as a whole. This section for reimbursement and charge back of professional services shall apply to all matters sought by an applicant and/or a property owner related to any and all chapters of the Town Code, which are inclusive of Chapters 1 through 320, and each of those chapters are hereby incorporated by reference herein as if specifically stated.
B.
Signed reimbursement notice. Any applicant and/or property owner
who is subject to the charges for fees or other professional services
as provided in this section shall sign a written notice acknowledging
this obligation to reimburse the Town of Cedarburg for professional
fees and charges as provided herein. The failure of the applicant
and/or property owner to sign the reimbursement notice shall not relieve
the individual or property owner of their responsibility for reimbursement
to the Town of Cedarburg for professional fees and expenses incurred
as provided in this section.
C.
Payment and objections.
(1)
The Town of Cedarburg Clerk shall invoice each applicant and/or property owner for professional charges as provided for herein, and the individual and/or property owner shall be responsible for payment of the invoice within 30 days of the date of the invoice, or, in the event of an appeal as provided in this section, within 30 days of the date of the Board's decision resolving the appeal. As provided below in Town Code § 21-16C(6), the failure to timely pay said invoice may result in the Town pursuing a special assessment and/or charge against the subject property pursuant to Chapter 10 of the Town Code.
(2)
Any property owner receiving an invoice as provided in this section may, during the thirty-day period of time provided for payment, file with the Town Clerk a written notice objecting to all or a portion of the invoice. Any written objection shall be submitted to the Town Administrator, who shall attempt to resolve the objection with the individual and/or property owner. If the objection cannot be resolved within a reasonable period of time, the Town Administrator shall notify the Town Clerk and a hearing shall be scheduled as provided in Subsection C(6), below.
(3)
If a hearing is conducted as provided in this subsection, the determination
of the Town Board as to the objection shall be final. The individual
and/or property owner may, within 30 days following issuance of the
written decision, seek a judicial review of that decision. If a judicial
review is not initiated within the thirty-day period of time allowed
in this section, all further judicial reviews shall be barred. It
is a condition to the maintenance of an appeal seeking a judicial
review that any invoice issued under this section shall be paid when
the invoice becomes due. If there is a default in the making of any
payment, the appeal seeking judicial review shall be dismissed.
(4)
Interest on special assessments or special charges. In order to recover
the entire cost of any work or improvement to be paid pursuant to
this section, the Town of Cedarburg shall charge interest at the rate
of 1.5% per month for any amounts not paid within 30 days of the date
that the Town Clerk invoices the individual and/or property owner.
(5)
Appeal to the Town Board. Upon receipt of an objection to any invoice
issued to an applicant or property owner for professional charges
as provided in this section, and upon notice to the Town Board that
the objection has not been resolved administratively, the Town Board
shall hold a hearing regarding the objection at its next scheduled
meeting or as soon as possible thereafter. The property owner shall
receive notice of the hearing, and shall be afforded an opportunity
to appear in person, and/or by counsel. The Town Board shall, after
conducting a hearing on the objection, act on the objection. Written
notice of the Town Board's decision as to the objection shall
be provided to the property owner.
(6)
Placement on tax roll. In the event payment of any invoice which
is due remains unpaid as of October 30 of each year, the amount of
the invoice together with any accrued interest thereon shall be placed
by the Town Clerk on the tax roll of the benefitted property, as a
charge for current services provided the property owner in accordance
with the provisions of Wis. Stats., § 66.0627.
