[Amended 7-13-2011 by Ord. No. 3462]
The City Treasurer shall receive all City moneys and issue a
receipt therefor. The City may enter into contracts with other entities
such as the county for the collection and receipt of taxes.
[Amended 5-28-2003 by Ord. No. 3161; 2-14-2007 by Ord. No. 3317; 7-13-2011 by Ord. No. 3462; 4-24-2014 by Ord. No. 3544; 7-9-2014 by Ord. No.
3555]
A. State law adopted.
[Amended 2-14-2018 by Ord. No. 3653]
(1) The City hereby elects to utilize the multiple installment payment
option prescribed in § 74.12, Wis. Stats., and the provisions
of that section are hereby adopted by reference and made a part of
this Code as if fully set forth herein. Any future amendments, revisions,
modifications or renumberings of the statute incorporated herein are
intended to be made a part of this Code in order to ensure strict
uniformity with statutory procedure.
(2) The City adopts § 79.10(7m)(cm)1.a., Wis. Stats., which
allows the state to send the specified tax credits (state school levy,
lottery and gaming and first dollar property tax credits) directly
to the City of Fond du Lac.
B. Real property taxes. Real property taxes shall be paid in the following
manner:
(1) In full on or before January 31; or
(2) In two equal installments payable on or before January 31 and July
31.
C. Minimum real property tax. If the total real property tax is less
than $100, it shall be paid in full on or before January 31.
D. Special charges. Special charges for current services, which shall
include, without limitation because of enumeration, snow and ice removal,
weed elimination, demolition, bulky waste removal, street sprinkling,
oiling and tarring, tree care, sewer service and sanitary sewer laterals
when installed at a different time than the sanitary sewer main, shall
not be payable in installments. If not paid within the period fixed
by the Council, the same shall be deemed a delinquent charge and shall
become a lien on the property against which it is levied and shall
automatically be extended on the current or next tax roll as a delinquent
tax against the property, and all procedures in relation to the collection
and return and sale of property for delinquent real estate taxes shall
apply to such charge.
E. Special assessments.
(1) Installment schedule. Whenever any special assessment, or combination of special assessments, in excess of $500 is levied to defray the cost of any public improvement, except those enumerated in Subsection
D above, such special assessment or special assessments may be paid in accordance with the following schedule:
[Amended 3-22-2017 by Ord. No. 3631; 6-10-2020 by Ord. No. 3712]
Assessment Amount
|
Installment Period
|
---|
$500 to $5,000
|
5 years
|
$5,001+
|
10 years
|
(2) Principal. The first installment shall include a proportionate part
of the principal of the special assessment determined by the number
of installments, together with interest computed for a period of one
year from the date of the notice hereafter provided for, and each
subsequent installment shall include a like proportion of the principal
together with one year's interest upon the unpaid portion of the assessment.
(3) Rate of interest. The rate of interest charged for the installment
period shall be based upon the City's most-recent bond borrowing interest
rate of the City, plus 2% and rounded up to the nearest quarter percentage
point on October 31 of the year prior to the initial due date of the
special assessment.
(4) How entered. The first installment shall be entered in the first
tax roll prepared after such installments shall have been determined
as a special tax on the property upon which the special assessment
was levied, and thereafter this tax shall be treated in all respects
as any other municipal tax. Subsequent installments shall be entered
in a like manner and with like effect in each of the annual tax rolls
thereafter until all are levied.
(5) Delinquencies and transfers.
[Amended 9-11-2019 by Ord. No. 3697; 6-10-2020 by Ord. No. 3712]
(a)
If any installment so entered in the tax roll shall not be paid
to the City Treasurer, or his or her designee, with the other taxes,
it shall be returned to the county as delinquent and accepted and
collected by the county in the same manner as delinquent general taxes
on real estate.
(b)
If an installment becomes delinquent as in Subsection
E(5)(a) above, the sum of the remaining installments shall become due and payable and entered in the next succeeding tax roll.
(c)
Any installments remaining upon transfer of property shall be
paid upon closing and prior to recording of such transfer.
(6) Notice. Whenever special assessments for local improvements are payable
in installments, a notice shall be published in the official newspaper.
Such notice shall be substantially in the following form:
Installment Assessment Notice
|
Notice is hereby given that special assessments in excess of $500 for the improvement of (describe the improvement) have been determined as to each parcel of real estate affected thereby and a statement of the same is on file with the City Clerk. It is proposed to collect the same in equal installments pursuant to the schedule enumerated in § 65-4E of the City Code with interest thereon at _____% per annum. All assessments will be collected in installments as above provided except such assessments as are paid in full on or before October 31, _____.
|
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Dated:
|
|
|
|
Clerk of the City of Fond du Lac, Wisconsin
|
[Amended 7-13-2011 by Ord. No. 3462]
A. The City elects not to give the bond on the City Treasurer provided
for by § 70.67, Wis. Stats.
B. Pursuant to § 70.67, Wis. Stats., the City shall be obligated
to pay, in case the Treasurer fails to do so, all state and county
taxes required by law to be paid by such Treasurer.
[Amended 7-13-2011 by Ord. No. 3462]
The municipal budget for the City shall be prepared, hearing
held and adopted as provided by § 65.90, Wis. Stats.
[Amended 6-27-1995 by Ord. No. 2793; 1-26-2000 by Ord. No. 2989; 7-13-2011 by Ord. No. 3462]
A. Purpose. The purpose of this section is to secure for the taxpayers
the advantages and economies which will result from centralized control
over the expenditures of funds for supplies, materials, equipment
and contractual services; from the application of modern, businesslike
methods to such expenditures; and from better utilization of the articles
procured at public expense.
B. Definitions. For the purpose of this section the following terms,
phrases, words and their derivations shall have the meaning given
below. When not inconsistent with the context, words used in the present
tense include the future, words in the plural number include the singular
number, and words in the singular number include the plural number.
The word "shall" is mandatory and not merely directory.
CITY
The City of Fond du Lac, Wisconsin.
CONTRACTUAL SERVICES
Services that involve public construction or improvements
rendered to the City by others under expressed or implied agreement,
but shall not include professional and other contractual services
which are in their nature unique and not subject to competition.
COUNCIL
The City Council of the City of Fond du Lac.
SUPPLIES
Includes all supplies, materials and equipment furnished
to the City.
USING AGENCY
Any department, agency, commission, bureau or other unit
in the City government using supplies or procuring contractual services
as provided for in this section. The term is intended to apply to
those agencies which are under the administrative jurisdiction of
the City Manager.
C. City Purchasing Agent. The Director of Administration shall serve
as City Purchasing Agent and shall have general supervision of City
purchasing. The Agent shall appoint a purchasing coordinator within
the Comptroller's division who shall perform the duties prescribed
by this section and all other duties assigned by the Agent.
D. Scope of purchasing authority. The Agent shall purchase or contract
for all equipment, supplies and contractual services needed and requisitioned
by any using agency in the City except as otherwise provided in this
section, in accordance with such rules and regulations as the City
Manager may prescribe from time to time for the management and operation
of the Division of Purchasing, in keeping with the spirit of this
section.
(1) Unauthorized purchases. Except as herein provided, no City officer
or employee shall order the purchase of any equipment or supplies
or make any contract within the purview of this section other than
through the Purchasing Agent, and any purchase ordered or contracts
made contrary to the provisions hereof shall not be binding on the
City and shall make the purchaser personally liable.
(2) Disqualification of bidders. The Agent shall have the authority to
declare vendors who default on their bids or quotations irresponsible
bidders and to disqualify them from receiving any business from the
City for a stated period of time.
(3) Committee on Standards and Specifications. The Agent shall prepare
and secure with the cooperation of the City departments standard and
written specifications for supplies used by the various branches of
the City government. To assist the Agent in this work the City Manager
may establish a Committee on Standards and Specifications to be composed
of the City Purchasing Agent as Chairperson and such other officials
as the City Manager may designate.
(4) Exemptions from centralized purchasing. The Purchasing Agent may,
and where legally required to do so shall, authorize in writing any
agency to purchase or contract for certain specified classes of supplies,
materials, equipment or contractual services independently of the
Agent's office, but such purchases or contracts shall be made in conformity
with the applicable provisions of this section. The Agent may also
rescind such authorization to purchase independently by written notice
to the agency concerned, unless otherwise prohibited by law.
(5) Purchasing cards. Purchases of equipment, supplies and contractual
services may be made through properly established purchasing cards
or other similar means where permitted and authorized by the Agent.
The City Manager shall promulgate rules and regulations governing
the proper and authorized use of purchasing cards. The City Comptroller
shall review monthly statements showing the actual expenditures for
each using agency made through the use of purchasing cards. Improper
or unauthorized use of purchasing cards may be cause for termination
of employment or other disciplinary action.
(6) Assistance. The Purchasing Agent shall have the power and authority
to call upon any officer, board, department or commission to furnish
information or otherwise assist in the purchasing function if within
the scope of such officer, board, department or commission.
(7) Federal
uniform grant guidance. For any and all procurements that apply federal
funding, City, and subrecipients, if any, will follow all applicable
procurement standards as found in 2 CFR 200. In general, if there
is a conflict, City, or subrecipient(s), will be required to comply
with whichever requirement is more stringent, including the City's
own statutes, ordinances, rules, and regulations; which may be more
stringent than the federal standards.
[Added 9-22-2021 by Ord. No. 3738]
E. Requisitions and estimates. All using agencies shall file with the
Agent detailed requisitions or estimates of their requirements in
supplies and contractual services in such manner, at such time and
for such future period as the Agent shall prescribe.
F. Encumbrance of funds. Except in cases of emergency, the Agent shall
not issue any order for delivery on a contract or purchase until the
Comptroller shall have certified that there is to the credit of the
accounts of using agencies concerned a sufficient available unencumbered
appropriation balance, in excess of all unpaid obligations, to pay
the amount of such order.
G. Gratuities. The acceptance of any gratuity in the form of cash, merchandise
or any other thing of value by an official or employee of the City
from any vendor or contractor or prospective vendor or contractor,
except where given for the use and benefit of the City, shall be deemed
to be a violation of this section and may be cause for termination
of employment or other disciplinary action. The offer of any such
gratuity to any official or employee of the City by any vendor or
contractor, or prospective vendor or contractor, may be cause for
declaring such individual or firm to be an irresponsible vendor and
for barring him or it from bidding as provided by this section.
H. Competitive bidding required. All purchases of and contracts for
equipment, supplies and contractual services shall, except as specifically
provided herein, be based wherever practicable on competitive bids.
No splitting of orders as an evasion of the procedure described herein
shall be permitted.
I. Formal contract procedure. All equipment, supplies and contractual
services, except as otherwise provided herein or by statute, when
the estimated cost shall exceed $50,000 ($25,000 for public construction),
shall be purchased by formal, written bids and subsequent written
contract from the lowest responsible bidder after notice inviting
bids.
[Amended 4-24-2014 by Ord. No. 3544; 9-22-2021 by Ord. No. 3738]
J. Quotation procedure. All purchases of equipment, supplies, and contractual
services, when the estimated cost is between $10,000 and $50,000 ($10,000
and $25,000 for public construction), shall be made in accordance
with the following procedure, except the procedure may be waived if
the agent determines it to be impossible or impractical:
[Amended 4-24-2014 by Ord. No. 3544; 9-22-2021 by Ord. No. 3738]
(1) Minimum number of quotations. Quotation purchases, wherever practicable,
shall be based on at least three competitive quotations and shall
be awarded to the lowest responsible bidder in accordance with the
standards set forth in Subsection I(6) above.
(2) Notice inviting quotations. The Agent may solicit quotations by direct
request in person, by mail, telephone, or through internet websites
without advertisement.
(3) Recording. The Agent shall keep a record of all orders and the quotations
obtained and such records shall be open to public inspection.
K. Exceptions.
(1) Exceptions to bidding or quotation procedures. Purchases of equipment,
supplies and contractual services when the estimated cost is less
than $10,000 may be made without the benefit of formal bids or quotations.
Solicitation of quotations for purchases of less than $10,000 is encouraged
but not required.
(2) State contract or cooperative purchasing. Purchases of equipment,
supplies or services through State of Wisconsin or other governmental
cooperative purchasing plans is encouraged. Purchases made through
such cooperative plans may be made without the requirement to solicit
formal bids or quotations since such purchases are already based on
competitive pricing.
(3) Petty expenditures. Purchases of supplies or services in amounts
less than $500 may be made from properly established petty cash accounts
by the heads of using agencies for incidentals and shall be reviewed
by the Comptroller's Division and approved for reimbursement. The
City Manager shall promulgate rules and regulations for the use of
petty cash accounts.
(4) Professional services. Contracts for professional services may be
entered into by the City Manager or the Director of Administration
without the requirement for competitive bidding since professional
services are by their nature unique.
[Amended 4-8-2015 by Ord.
No. 3579]
(5) Real estate transactions. All real estate transactions shall be made
subject to the approval of the City Council, provided that the City
Manager or other City officials may perform all delegable functions
in connection therewith as the City Council may direct.
(6) Emergency purchases. An emergency shall be deemed to exist when a
breakdown in machinery or in an essential service occurs or when unforeseen
circumstances arise, including delays by contractors, delays in transportation
and unanticipated volume of work. If an emergency occurs during regular
business hours, the head or other employee of the using agency shall
immediately notify the Agent who shall either purchase the required
commodity or service or authorize the using agency to do so. If the
Agent is unavailable, the head of the using agency shall notify the
City Manager before making the purchase. If an emergency occurs at
times other than regular business hours, the using agency may purchase
directly the commodity or commodities required. If the estimated cost
of the emergency purchase exceeds $10,000, the head of the agency
shall, wherever possible, secure competitive quotations and order
delivery to be made by the lowest responsible bidder. On every emergency
purchase made the agency head shall not later than one week thereafter
submit to the Agent a requisition, a tabulation of quotations received,
if any, a delivery receipt and a written explanation of the circumstances
of the emergency. The records of such emergency transaction shall
be open to public inspection during regular business hours.
(7) Proprietary purchases. Proprietary, patented equipment, supplies
or services available from only one source shall be exempt from the
requirement for competitive bidding or quotations.
(8) Purchases of used equipment. Purchases of used equipment, materials
or supplies may be authorized by the Agent without the use of the
formal bid or quotation procedure outlined in this section.
(9) Donations. The City incorporates by the reference the state law exception
for donated materials and labor, pursuant to § 62.15(1),
Wis. Stats., or as subsequently amended.
[Amended 4-24-2014 by Ord. No. 3544; 9-22-2021 by Ord. No. 3739]
L. Inspection and testing. The using agency shall inspect all deliveries
of equipment, supplies or contracted services made to such using agencies
to determine their compliance with the quantities and specifications
set forth in the order or contract.
M. Surplus equipment, materials or supplies. The Agent shall have the
authority to sell surplus equipment, materials or supplies or to exchange
the same for or trade on new purchases, or to authorize the disposal
of such items.
(1) Using agencies. Using agencies shall notify the Agent of any surplus
equipment, materials or supplies which may have become obsolete, unsuitable
or no longer needed prior to the disposal of such items.
(2) Permission of the Agent. Other City employees shall not be permitted
to sell, remove or dispose of surplus items without the permission
of the Agent. Improper, unauthorized removal or disposal or unauthorized
personal use of City property, including surplus property, may be
cause for termination of employment or other disciplinary action.
[Amended 12-13-1995 by Ord. No. 2821; 2-14-2001 by Ord. No. 3032; 2-9-2011 by Ord. No. 3451; 7-13-2011 by Ord. No. 3462]
A. Definitions. The following terms have the meanings indicated:
TRANSIENT
Any person residing for a continuous period less than one
month in a hotel, motel or other furnished accommodations available
to the public.
B. Imposition of room tax.
[Amended 11-22-2011 by Ord. No. 3481]
(1) Pursuant to § 66.0615, Wis. Stats., a tax is hereby imposed
on the privilege and service of furnishing, at retail, rooms or lodgings
to transients by hotel keepers, motel operators and other persons
furnishing accommodations that are available to the public, irrespective
of whether membership is required for the use of the accommodations.
Such tax shall be capped at the rate of 8% of the gross receipts from
such retail furnishing of rooms or lodging. Such tax shall not be
subject to the selective sales tax imposed by § 77.52(2)(a)1,
Wis. Stats.
(2) The City Convention and Visitors Bureau is the principal organization
for the purpose of promotion of convention and tourist business and
shall receive moneys collected from the room tax minus the City's
cost of administration and 1.6% of the taxable room receipts paid
to the City. The Convention and Visitors Bureau shall provide the
City with an annual certified audit. The Bureau shall permit and allow
inspection of its records pertaining to the use of room tax funds
upon request of the City Council at reasonable times.
(3) The organization receiving moneys generated by room tax collections
shall retain, at the Convention Bureau's discretion, the opportunity
to participate in the City public employees benefit plan at the Convention
Bureau's expense and will submit an annual report prepared by a certified
public accountant on or before April 1 following December 31 of the
previous year for moneys received in the previous year.
C. Schedule of payment.
(1) This section shall be administered by the City Treasurer. The tax
imposed for each calendar month is due and payable on the 20th of
the month next succeeding the calendar month for which imposed. A
return shall be filed with the Treasurer by those furnishing at retail
such rooms and lodging on or before the same date on which such tax
is due and payable. Such return shall show the gross receipts of the
preceding calendar month from such retail furnishing of rooms or lodging,
illustrating and indicating thereon any exemption from an imposed
room tax, billed to the state and/or its departments or agencies,
the amount of taxes imposed for such period and such other information
as the City Treasurer deems necessary.
(2) Every person required to file such monthly return shall, with his
first return, file an annual calendar year return. Such annual return
shall be filed within 30 days of the close of each such calendar year.
The annual return shall summarize the monthly returns, reconcile and
adjust for errors in the monthly returns, and shall contain certain
such additional information as the Treasurer requires. Such annual
returns shall be made on forms prescribed by the Treasurer.
(3) All such returns shall be signed by the person required to file a
return or his duly authorized agent, but need not be verified by oath.
The Treasurer may, for good cause, extend the time for filing any
return, but in no event longer than one month from the filing date.
D. Permit required. Every person furnishing rooms or lodging under Subsection
B(1) above shall file an application for a permit for each place of business with the Treasurer. Every application for a permit shall be made upon a form prescribed by the Treasurer and shall set forth the name under which the applicant transacts or intends to transact business, the location of his place of business and such other information as the Treasurer requires. The application shall be signed by the owner if a sole proprietor and, if not a sole proprietor, by the person authorized to act on behalf of such sellers. At the time of making an application the applicant shall pay to the Treasurer a fee for each permit.
E. Issuance of permit.
(1) After compliance with Subsection
D above by the applicant, the Treasurer shall grant and issue to each applicant a separate permit for each place of business within the City. Such permit is not assignable and is valid only for the person in whose name it is issued and for the transaction of business at the place designated therein. It shall at all times be conspicuously displayed at the place for which issued. No innkeeper shall operate in a lodging facility without first obtaining a room tax permit for each lodging facility.
(2) Any person aggrieved by this section may petition the City Manager
for a determination of such grievance. The City Manager shall appoint
three disinterested persons to review and decide the grievance.
F. Sale of business. If any person liable for any amount of tax under
this section sells out his business or stock of goods or quits the
business, the buyer in the transaction or new owner/operator will
be responsible for all outstanding room tax payments. If a person
subject to the tax imposed by this section fails to withhold such
amount of tax from the purchase price as required, he shall become
personally liable for payment of the amount required to be withheld
by him to the extent of the price of the accommodations valued in
money.
G. Audits.
(1) The Treasurer may, by office audit, determine the tax required to
be paid to the City or the refund due to any person under this section.
The determination may be made upon the basis of facts contained in
the return being audited or on the basis of any other information
within the Treasurer's possession. One or more such office audit determinations
may be made of the amount due for any one period or for more than
one period.
(2) The Treasurer may, by field audit, determine the tax required to
be paid to the City or the refund due to any person under this section.
The determination may be made upon the basis of facts contained in
the return being audited or upon any other information within the
Treasurer's possession. The Treasurer is authorized to examine and
inspect the state sales tax records and memoranda of any person in
order to verify the tax liability of that person or of another person.
H. Failure to file return. If any person fails to file a return as required by this section, the Treasurer shall make an estimate of the amount of the gross receipts under Subsection
B(1) above. Such estimate shall be made for the period for which such person failed to make a return and shall be based upon the state sales tax records and memoranda as stated herein. On the basis of this estimate the Treasurer shall compute and determine the amount required to be paid to the City, adding to the sum thus arrived at a penalty equal to 10% thereof. One or more such determinations may be made for one or more than one period.
I. Interest on unpaid taxes. All unpaid taxes under this section shall
bear interest at the statutory rate per annum from the due date of
the return until the first day of the month following the month in
which the tax is paid or deposited with the Treasurer. All refunded
taxes shall bear interest at the statutory rate per annum from the
due date of the return until the first day of the month following
the month in which said taxes are refunded. An extension of time within
which to file a return shall not operate to extend the due date of
the return for purposes of interest computation.
J. Late filing fee. Delinquent tax returns shall be subject to a late
filing fee, and the liquor license or other municipal licenses will
be withheld or not renewed until the room tax is paid. The tax imposed
by this section shall become delinquent if not paid:
(1) In the case of a timely filed return, within 30 days after the due
date of the return or within 30 days after the expiration of an extension
period if one has been granted.
(2) In the case of no return filed or a return filed late, by the due
date of the return.
K. Records. Every person liable for the tax imposed by this section
shall keep or cause to be kept such records, receipts, invoices and
other pertinent papers for two years in such form as the Treasurer
requires.
L. Confidentiality.
(1) All tax returns, schedules, exhibits, writings or audit reports relative
to such returns on file with the Treasurer are deemed to be confidential.
(2) No person having any administrative duty under this section shall make known in any manner the business affairs, operations or information obtained by an investigation of records of any person on whom a tax is imposed by this section or the amount or source of income, profits, losses, expenditures or any particular thereof set forth or disclosed in any return or permit any return or copy thereof to be seen or examined by any person, as provided in Subsection
L(1) above.
M. Penalty. Any person who is subject to the tax imposed by this section who fails to obtain a permit as required by Subsection
D above or who fails or refuses to permit the inspection of his state sales tax records by the Treasurer after such inspection has been requested by the Treasurer or who fails to file a return as provided in this section or who violates any other provision of this section shall be subject to a forfeiture as provided in §
1-4 of this Code, except that violations of Subsection
L, Confidentiality, shall be subject to a forfeiture of not less than $100 nor more than $500. Each day or portion thereof that such violation continues is hereby deemed to constitute a separate offense.
[Amended 7-13-2011 by Ord. No. 3462]
A. Except as provided in Subsection
B, the City shall dispose of any personal property which has been abandoned or has been unclaimed for a period of not less than 30 days after the City takes possession of the property by public auction or sale open to the public. All receipts from such sale or auction, after deducting the necessary expenses of keeping the property and conducting the sale, shall be paid into the City treasury.
B. The City Council may, upon written request, vary from Subsection
A and dispose of abandoned property by conveying the property to educational institutions for a legitimate educational purpose by adoption of a resolution authorizing such a conveyance. Upon disposition of the property, the City shall maintain an inventory of such property, a record of the date and method of disposal, including the consideration received for the property, if any, and the name and address of the organization taking possession of the property. Such inventory shall be kept as a public record for a period of two years from the date of disposal of the property.
[Added 2-25-2009 by Ord.
No. 3401 (§ 1.12 of the 1993 Code)]
No ordinance of the City of Fond du Lac nor any other City of
Fond du Lac rule or regulation shall mandate that any private sector
entity shall provide certain wages or benefits to its employees or
set forth the amount or type of any employee wages or benefits provided
by an employer located within the City limits.