[Adopted 7-22-1993 as Title 3, Ch. 1, of the 1993 Code]
A.
Bond eliminated. The City of Marion elects not to give the bond on
the City Clerk-Treasurer provided for by § 70.67(1), Wis.
Stats.
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. On or before October 1 of each year, 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 condition and management of such fund, and 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.
Consideration of estimates. The Clerk-Treasurer, with the assistance
of the Mayor, shall consider such departmental estimates in consultation
with the department head and recommend to the Common Council a budget
amount for such department or activity.
C.
Proposed budget. On or before November 1, the Clerk-Treasurer shall
prepare and submit to the Common Council a proposed budget presenting
a financial plan for conducting the affairs of the City for the ensuing
calendar year. The budget shall include 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 reason
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.
(1)
The 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.[1]
(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
or 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.
Upon written recommendation of the Mayor, 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 § 84-4 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.
The Common Council shall designate the public depository or
depositories within this state within which City funds shall be deposited,
and when the money is deposited in such depository in the name of
the City, the City Clerk-Treasurer and bondsman shall not be liable
for such losses as are defined by state law. The Clerk-Treasurer shall
invest, and the interest arising therefrom shall be paid into the
City treasury.
A.
Payment of claims.
(1)
In addition to and in lieu of the other methods provided by statute
for the payment of claims against the City, financial claims against
the City may be paid from the City treasury after the Clerk-Treasurer
shall have audited and approved each such claim as a proper charge
against the treasury and shall have endorsed his approval thereon,
after having determined that the following conditions have been complied
with:
(a)
Funds
are available therefor, pursuant to the budget approved by the Council.
(b)
The
item or service covered by such claim has been duly authorized by
the proper official, department head, 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 may require the submission of such proof and
evidence to support the foregoing as in his discretion he may deem
necessary.
B.
Common Council to audit accounts.
(2)
After auditing, the Common Council shall cause to be endorsed by the Clerk-Treasurer, on each account, the word "allowed" or "disallowed," as the fact is, adding the amount allowed or specifying the items or parts of items disallowed. If the Common Council shall approve the same, it shall direct the Clerk-Treasurer to issue a City order for the amount of the claim approved. All money paid out of the City treasury shall be paid upon an order signed by the Mayor and countersigned by the Clerk-Treasurer, except that payments of regular wages or salaries shall be as provided in Subsection C below. The minutes of the proceedings of the Council or a statement attached thereto shall show to whom, and for what purpose, every such account was allowed and the amount.
C.
Exemptions.
[Amended 11-11-2013 by Ord. No. 2013-005]
(1)
Payment
of regular wages or salaries. Regular wages or salaries of City officers
and employees shall be paid by payroll, verified by the proper City
official, department head, board or commission, and filed with the
Clerk-Treasurer in time for payment on the regular payday.
(2)
Payment of refunds due to any person, firm or corporation up to an amount set by the Common Council for any and all overpayments. The Clerk-Treasurer, or the Deputy in the Clerk-Treasurer's absence, after proper review and confirmation of compliance with Subsection A, may issue such refunds upon demand. The Clerk-Treasurer shall file with the Council, not less than monthly, a list of the claims approved, showing the date paid, name of claimant, purpose and amount.
(a)
Nominal
overpayments. When any person, firm or corporation has overpaid an
obligation to the City, but said overpayment is a nominal amount as
determined by the Common Council, the City shall not refund said overpayment
unless application therefor is made in writing.
(3)
Payment of claims against the summer recreation programs, National Night Out Program, and family resource center up to an amount set by the Common Council. The Clerk-Treasurer, or the Deputy in the Clerk-Treasurer's absence, after proper review and confirmation of compliance with Subsection A, may issue such checks upon demand. The Clerk-Treasurer shall file with the Council, not less than monthly, a list of the claims approved, showing the date paid, name of claimant, purpose and amount.
(4)
Payment of certain claims that may need to be settled prior to the next Common Council meeting to avoid late fees or additional costs related to the timing of payment of the claim up to an amount set by the Common Council. The Clerk-Treasurer, or the Deputy in the Clerk-Treasurer's absence, after proper review and confirmation of compliance with Subsection A, may issue such checks upon demand. The Clerk-Treasurer shall file with the Council, not less than monthly, 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(1m) and 219.05, Wis.
Stats.
[Amended 12-10-2012 by Ord. No. 2012-001]
In lieu of the personal signature of any City official, there
may be affixed on order checks the facsimile signature of such official
adopted by him or her and approved by the Common Council, but the
use of the facsimile signature shall not relieve such official from
any liability to which he or she is otherwise subject, including the
unauthorized use thereof.
A.
The City Clerk-Treasurer or his deputy 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 Common Council.
B.
Upon the payment of any money (except for taxes as herein provided),
the City Clerk-Treasurer shall make out a receipt in duplicate for
the money so received. The Clerk-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 City or to the City or
to the Clerk-Treasurer shall be safeguarded in such manner as the
Common Council shall direct.
[Amended 12-10-2012 by Ord. No. 2012-001]
The Clerk-Treasurer 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 and sewer bills, current water
and sewer bills, contemplated improvements, floodplain status, violations
of the building and health codes and similar information. Any such
information sought shall be provided to the person requesting it on
said from. A minimum of 48 hours is required for preparation of a
statement of real property status. There shall be a fee set by the
Common Council for compiling such information.
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 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 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 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.
[Amended 12-10-2012 by Ord. No. 2012-001; 11-11-2013 by Ord. No.
2013-004]
A.
Bid solicitation.
(1)
The
City adopts any and all applicable Wisconsin State Statutes and Wisconsin
Department of Administration Codes for bidding policies and procedures.
(a)
In areas where state law does not require competitive bidding, the
Common Council may, in its discretion, require bids to be obtained
when the estimated cost of such purchase exceeds an amount set by
the Common Council.
B.
Purchases.
(1)
No
equipment or supplies shall be purchased by any department head or
City official unless previously budgeted. Individual purchases that
exceed an amount set by the Common Council shall also be approved
by the appropriate committee prior to purchase; however, emergency
purchases, not to exceed an amount set by the Common Council, may
be approved by the department head and the appropriate committee chairperson.[1]
