[HISTORY: Adopted by the Village Board of the Village of
Clyman as indicated in article histories. Amendments noted where applicable.]
[Adopted as Title 3, Ch. 1, of the 1998 Village Code of Ordinances]
A.
Content of tax roll. Pursuant to § 70.65, Wis. Stats.,
the Clerk-Treasurer shall prepare a tax roll and include the required
contents as described in Ch. 70.65, Wis. Stats.
B.
Property tax collection. All provisions of Ch. 74, Wis. Stats., in
regards to property tax collection are adopted and by reference made
a part of this chapter with the same force and effect as though set
out in full.
A.
Bond eliminated. The Village of Clyman elects not to give the bond
on the Village Clerk-Treasurer, in his capacity as Treasurer, as provided
for by § 70.67(1), Wis. Stats.
B.
Village liable for default of Treasurer. Pursuant to § 70.67(2),
Wis. Stats., the Village shall be obligated to pay, in case the Village
Clerk-Treasurer acting as Treasurer shall fail to do so, all state
and county taxes required by law to be paid by such Treasurer to the
County Treasurer.
A.
Departmental estimates. When requested by the Village Clerk-Treasurer,
each officer, department and committee shall annually file with the
Village Clerk-Treasurer 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; 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 Village Clerk-Treasurer 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 Village Board shall consider such
departmental estimates in consultation with the department head and
develop a budget amount for such department or activity.
C.
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
Village 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 Village from sources
other than general property taxes and bonds issued, with a comparative
statement of the amounts received by the Village 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 Village, including the amount of
interest payable and principal to be redeemed on any outstanding general
obligation bonds of the Village 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.
D.
Copies of budget. The Village 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 Village Clerk-Treasurer during regular
office hours.
E.
Report and hearing.
(1)
The Village Board shall make a report no later than the Board's
first November meeting. The report shall include the estimated cost
of improvements as well as the estimated cost of operating the various
departments and all other costs, including interest charges, for which
money will have to be raised by taxation during the following year.
(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 thereon, shall be
published in a newspaper of general circulation in the Village or
legally posted 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 thereon, the public hearing shall be held
at the time and place stipulated, at which time any resident or taxpayer
of the Village shall have an opportunity to be heard on the proposed
budget. The budget hearing may be adjourned from time to time. Following
the public hearing, the proposed appropriation ordinance may be changed
or amended and shall take the same course in the Village Board as
other ordinances.
The amount of the tax to be levied or certified, the amounts
of the various appropriations, and the purposes thereof shall not
be changed after approval of the budget except upon the recommendation
of the Village President and upon a two-thirds vote of the entire
membership of the Village Board. Notice of such transfer shall be
given by publication within 10 days thereafter in the official Village
newspaper.
No money shall be drawn from the treasury of the Village, 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 § 48-4 of this chapter. 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 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 calendar year shall be the fiscal year.
A.
The Village Board shall designate the public depository or depositories
within this state within which Village funds shall be deposited, and
when the money is deposited in such depository in the name of the
Village, Village officials and bondsman shall not be liable for such
losses as are defined by state law. The interest arising therefrom
shall be paid into the Village treasury.[1]
B.
The State Bank of Reeseville, qualified as a public depository under Ch. 34, Wis. Stats., is hereby designated as a depository in which the funds of the Village of Clyman and Clyman Utility Commission may from time to time be deposited; that all accounts opened and maintained in the name of the Village of Clyman and Clyman Utility Commission with the State Bank of Reeseville subject to the rules and regulations of said bank from time to time in effect; shall provide that the Village Clerk Treasurer, the Village President or in absence of the Village President, a Village Trustee are hereby authorized, for and on behalf of the Village of Clyman and the Clyman Utility Commission, to sign order checks as provided in § 66.0607(3), Wis. Stats., for payment or withdrawal of money from said accounts and to issue instructions regarding the same and to endorse for deposit, negotiation, collection or discount by said State Bank of Reeseville, any and all checks, drafts, notes, bills, certificates of deposit or other instruments or orders for the payment of money owned or held by said Village of Clyman and Clyman Utility Commission; that the endorsement for deposit may be in writing, by stamp, or otherwise, with or without designation of signature of the person so endorsing; and that any officer, agent or employee of the Village of Clyman is hereby authorized to make oral or written requests of the State Bank of Reeseville for the transfer of funds or money between accounts maintained by the Village of Clyman at the State Bank of Reeseville.
[Added 8-21-2006]
A.
Village Board to audit accounts. Except as provided in Subsection C, no account or demand against the Village shall be paid until it has been audited by the Village Board and an order drawn on the Village Clerk-Treasurer therefor. Every such account shall be itemized. Every such account or demand allowed in whole or in part shall be filed by the Clerk-Treasurer, and those of each year shall be consecutively numbered and have endorsed thereon the number of the order issued in payment.
B.
Claims to be verified. All accounts, demands or claims against the
Village shall be verified by the claimant or proper official.
C.
Payment of regular wages or salaries. Regular wages or salaries of
Village officers and employees shall be paid by payroll, verified
by the proper Village official, department head, board or commission
and filed with the Village Clerk-Treasurer in time for payment on
the regular pay day.
The Village Clerk-Treasurer may invest any Village funds not
immediately needed, pursuant to §§ 66.0603(1m) and
219.05, Wis. Stats.
A.
The Village Clerk-Treasurer and his 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 Village Board.
B.
Upon the payment of any money (except for taxes as herein provided),
the Village Clerk-Treasurer shall make out a receipt in duplicate
for the money so received. The Village 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 Village or
to the Village or to the Village Clerk-Treasurer shall be safeguarded
in such manner as the Village Board shall direct.
The Village Clerk-Treasurer and his designees 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, contemplated improvements, outstanding
citations on building code violations and similar information. Any
such information sought shall be provided to the person requesting
it on said form. Requests for statements of real property status shall
be made to the Village Clerk-Treasurer a minimum of one business day
in advance. A fee of $5 shall be charged for compiling this information.
A.
Adoption of city bidding procedures. All contracts for public construction
shall be let by the Village Board in accordance with § 62.15,
Wis. Stats. The Village Board, or a person or body designated by the
Village Board, shall exercise the powers and duties of the Board of
Public Works under § 62.15, Wis. Stats. Section 62.15 applies
to a village in the same manner as to a city.[1]
B.
Construction by the Village. Any class of public construction may
be done directly by the Village without submitting the same for bids
provided that the same is authorized by a vote of 3/4 of all members
of the Village Board.
A.
FORMAL BID
INFORMAL QUOTATION
VERBAL QUOTATION FORM
Definitions. As used in this section, the following terms shall have
the meanings indicated:
The formal bid procedure is used for purchasing goods and
services in an amount of $10,000 and higher, 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.
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 less than $10,000.
The Village solicits verbal quotations on items the Village
purchases, which are less than $10,000. The results of the verbal
quotations are recorded on a memorandum of verbal quotation form.
B.
Bid solicitation.
(1)
Competitive bids or quotations shall be obtained before contracting to purchase articles, goods, wares, material services or merchandise which amount 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 $10,000 shall be made by written quotation, telephone quotation or formal bid. Purchases of $10,000 and over, pursuant to Subsection A above, shall be made by formal bid unless exempted from it by action of the Village Board.
(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 applicable
department heads and returned to and analyzed by the applicable department
heads. 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 Village, the bidding procedure shall follow the legal requirements
associated with a Class One 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.
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.
(e)
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.
(6)
Specifications for all items purchased shall be developed with the
full involvement and participation of the using departments. However,
the Village Clerk-Treasurer shall insure that the specifications are
sufficiently broad enough that competition in the bidding process
is preserved.
Billings by the Village 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 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 Village, subject to the confirmation of the Village Board
to conduct a detailed audit of the Village's financial transactions
and its books, and to assist the Clerk-Treasurer in the management
of the Village's financial affairs, including the Village'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 Village Clerk-Treasurer's
books, the Village's public utilities, law enforcement records,
and any other books of any boards, commission, officers or employees
of the Village handling Village moneys.
No agent of the Village of Clyman having authority to employ
labor or to purchase materials, supplies or any other commodities,
may bind the Village or incur any indebtedness for which the Village
may become liable without approval of the Board. Each such employment
or purchase order shall be drawn against a specific appropriation,
the money for which shall be available in the Village 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 Village Clerk-Treasurer shall keep a record of such employment
and purchase orders and shall charge them against the proper appropriation.
A.
Purpose and intent. It is the declared intent of this section that
tax payments made in excess of the tax bill amounts shall be refunded
pursuant to the procedures established under this section within 15
business days of the payment. Further it is the declared intent that
this policy shall be in full force and effect upon adoption by the
Village Board, with the purpose of complying with § 74.03(2),
Wis. Stats.
B.
Authority. This section is adopted pursuant to the authority granted
to Village Boards under § 66.0609, Wis. Stats., to enact
an alternative system for approving financial claims against the Village
other than claims under § 893.80, Wis. Stats.
C.
Required procedures of treasurer upon payment of excess amount over
tax bill amount. Pursuant to§ 61.26, Wis. Stats., upon receipt
of tax payment in excess of the tax bill, the Village Clerk-Treasurer
shall deposit as soon as practicable all payments in the name of the
Village in public depositories designated by the Village Board. Upon
verification by the Village Clerk-Treasurer that the payment as deposited
has cleared and not been returned for insufficient funds, but not
later than 10 days after depositing, the Village Clerk-Treasurer shall
record in writing the name and mailing address of the taxpayer for
whom a refund in excess of the tax bill amount is due, the amount
of the refund in excess of the tax bill, the date payment was received,
and a statement that the payment has cleared and not been returned
as insufficient funds.
D.
Required procedure upon notification of excess payment of tax bill
amount.
(1)
Upon concluding that a taxpayer has made a tax payment in excess
of the tax bill amount, the Village Clerk-Treasurer shall approve
a claim as a proper charge against the Village treasury, and endorse
his or her approval on the claim after having determined that the
following conditions have been complied with:
(a)
The funds are available to pay the claim, assuming the tax payment
has cleared and has not been returned as is evidenced by the Clerk-Treasurer's
notice.
(b)
The Village Board has authorized the refund of excess tax payment
as established by the adoption of this section.
(c)
The refund is due in the amount noticed by the Village Clerk-Treasurer
as a tax payment in excess of the amount of the tax bill.
(d)
The refund is a valid claim against the Village, being a payment
in excess of the tax bill amount.
(2)
Further, the Village Clerk-Treasurer shall prepare monthly and file
with the Village Board a list of claims paid under this procedure,
listing the amount of the claims, the date paid, the name of the taxpayer/claimant,
and that the payment was a payment of a refund for excess tax payment.
E.
Issuance of disbursement from local treasury. Upon approval of the claim (or proper authorization) by the Village Clerk-Treasurer under the procedures listed in Subsection F, a refund check payable to the taxpayer/claimant named in the claim or authorization and in the amount approved shall be written by the Village Clerk-Treasurer, countersigned as required by § 66.0607, Wis. Stats., unless a facsimile signature approved by the Village Board is used, shall be issued not later than 15 business days from the date the tax payment was received by the Village Clerk-Treasurer as noticed by the Village Clerk-Treasurer in Subsection C.
F.
Mailing or delivery of refund check to taxpayer/claimant. Upon issuance
of the proper countersigned refund check, pursuant to the procedures
in this section, the refund check shall be delivered to the taxpayer/claimant
or mailed to the last known mailing address of the taxpayer/claimant
by the Clerk-Treasurer.
G.
Audit. Pursuant to § 66.0609(3), Wis. Stats., the Village
Board hereby is required to contract for an annual detailed audit
of its financial transactions and accounts by a public accountant
licensed under Ch. 442, Wis. Stats., and designated by the Village
Board. If an alternative claim procedure is used, the Village must
have the Clerk-Treasurer covered by a fidelity bond of not less than
$5,000.
[Adopted as Title 3, Ch. 2, of the 1998 Village Code of Ordinances]
A.
Water and sewer mains. The entire cost of engineering and constructing
water and sewer mains, including services to a point two feet beyond
the property line of each lot, together with all shutoff boxes, hydrants,
valves, manholes and related castings and any and all other appurtenances,
shall be assessed to the abutting property owners on each side of
the street in which the water and/or sewer main is laid. Whether installed
by Village forces or by contract, all materials shall be in accordance
with the Wisconsin Statutes, local applicable ordinances and as approved
by the Village Board.
B.
Storm sewer. Main line storm sewers to collect surface and subsurface
waters shall be installed in Village street rights-of-way or in Village
easements when street openings and utility work are undertaken. When
storm sewers are constructed in newly opened streets or in newly opened
extensions of existing streets, whether the work is done by Village
forces or by contract, an assessment of $2 per front foot shall be
levied against abutting property owners on each side of the street
in which the storm sewer is installed. The provisions of private construction
of sanitary sewers and water mains of this article[1] shall be procedurally applicable to private construction
of main line storm sewers. Storm sewer laterals, when required to
service individual lots, shall be constructed and paid for by the
property owner.
C.
Water and sewer laterals. Sanitary sewer laterals and water laterals
shall be installed to service residential property by the Village,
or by a private party, when sewer mains and water mains are installed
in the Village street right-of-way. The entire cost of laterals shall
be borne by the property owner. The following provisions shall govern
the installation of water and sewer laterals:
(1)
Such underground facilities shall be installed from the main to a
point two feet beyond the property line.
(2)
One sanitary sewer and one water lateral shall be installed for each
platted residential lot.
(3)
Sewer and water laterals shall be installed at a spacing approved
by the Village Board.
(4)
If the property is not laid out in lots by the property owner, the
Village Board shall make a tentative layout, to facilitate installation
of the laterals.
(5)
If a private party wishes to install water or sewer laterals before
the main is installed, he shall have the lateral end at the edge of
the future main ditch, leaving room for future connection.
D.
Curb and gutter. The abutting property owner shall be assessed the
entire cost of curb, gutter and driveway aprons. The entire cost of
intersection construction shall be paid for by the Village at large.
(1)
Corner
exemption: When curb and gutter is placed on the long side of a corner
property (the second side, if the frontages on both streets are equal),
a free exemption of 1/3 of the long side shall be allowed up to a
maximum of 60 feet. Only property residentially zoned or used shall
receive a corner exemption.
E.
Street openings. The full cost of opening new streets or extending
existing streets, including engineering costs, whether done by Village
forces or by contract, shall be assessed to the abutting property
owners. Streets shall be graded to full right-of-way width and the
roadway graded to subgrade and surfaced with six inches minimum thickness
of crushed stone or gravel approved by the Village Board. The exact
depth of gravel or crushed stone required to be decided by the Village
Board. Any petitioner(s) for any street opening shall provide the
following:
(1)
To dedicate by deed and registered survey the entire right-of-way
at a width approved by the Village Board.
(2)
To perform complete clearing and grubbing of all trees, stumps and
other plant growth and remove structures or obstructions within the
dedicated right-of-way to be opened for street purposes.
F.
Sidewalks. New and replaced sidewalk shall be paid for by the property
owner. If "good" sidewalk is destroyed during a street project, the
Village will pay for replacement. "Good" and "bad" sidewalk shall
be determined by the Village Engineer.
G.
Reconstruction and resurfacing. Surfacing, resurfacing and reconstruction
of any new or existing street shall be assumed by the Village.
H.
Street widening. For residential zoned property, all widening of
existing streets, including curb and gutter, shall be assumed by the
Village. For all other than residential property all widening costs
shall be assessed to the property owners except the costs of replacing
the curb and gutter which shall be assumed by the Village. Widening
shall mean beyond a width of 41 feet back to back of curb.
I.
Pumping station. An assessment shall be levied on all newly sewered
property which will contribute sanitary sewage to a sanitary sewage
pumping station which may be required to deliver such contributed
sewage to the point of treatment. The amount, per assessable frontage
foot, shall be determined by the Village Board at the time of application
for this service.
J.
Private construction of sanitary sewers and water mains. No person
shall privately construct sanitary sewers or water mains or attach
sewer or water mains to existing sanitary sewer or water mains unless
the provisions within this subsection are met.
(1)
Construction. The sanitary sewer and water mains shall be designed
and plans caused to be drawn by a registered professional engineer,
employed by the private party, who is engaged in sewer work. The plans
shall be submitted to the Village Board for approval and then submitted
to and approved by the Department of Natural Resources. Plans and
specifications submitted shall conform to established engineering
practices. The person or firm who designs and causes the plans to
be drawn shall be responsible for the field layout and staking of
said mains. Reproducible as-built drawings of all work done by private
persons shall be submitted to the Village within 30 days of completion
of said work and subsequent to acceptance by the Village Board.
(2)
Inspection. The private persons contracting for the construction
of sanitary sewer and water mains or those constructing said mains
shall pay to the Village a per diem fee for each day or part thereof
that construction work is being done. The daily fee shall be determined
by the Village Board at the time plans are approved. The monies so
collected shall be used by the Village to employ an inspector. The
inspector shall perform his duties under the direction and supervision
of the Village Board. One month's payment (20 working days) shall
be made in advance and held until the completion of the work and then
be credited to the required payment. After the Village Board has been
notified, in writing, by the persons constructing the main that the
work is complete they shall cause the entire project to be inspected.
Any deletions or variances from the specifications shall then be corrected
by the private persons.
(3)
Final acceptance. Failure to comply with the provisions of this subsection
or the sewer or water specifications shall be basis for the Village
refusing to connect the sewer or water into existing Village facilities.
Said connection may be made when the private party makes the necessary
corrections so as to conform to the provisions of this subsection
and the specifications.
[Amended 7-11-2005]
A.
Water and sewer mains: all costs for replacement of water and sewer
mains to be borne by the Village.
B.
Water and sewer laterals: all costs for replacement of water and
sewer laterals to be borne by the property owner.
C.
Curb and gutter: all costs to be borne by the Village, including
the costs of replacing curb and gutter because of street widening.
D.
Storm sewer: all costs to be borne by the Village for main line storm
sewers; lateral replacement shall be paid for by the property owner.
A.
Special lot sizes. Lots or parcels with unusual shapes or multiple
frontages may be given special consideration by the Village Board.
The assessments for such parcels shall be set by the Board as close
to the provisions of this section as possible. The frontage of any
triangular lot or lot with tapering side lot lines shall be the width
at the building set back line.
B.
Mains over eight inches diameter. Those property owners requiring
a water or sewer main larger than eight inches shall bear the entire
difference in cost between an eight-inch main and what is actually
installed.
C.
Payment of special assessments. Assessments may be paid in full or
in five annual installments. Interest rates on the unpaid balance
shall be determined by the Village Board. Section 66.0715(2), Wis.
Stats., shall apply if the due date of any special assessment is deferred
by the Village Board.
D.
Statutes adopted. The provisions of §§ 66.0703 and
66.0717, Wis. Stats., are hereby adopted by reference.
E.
Definitions. Newly opened streets and parts of streets are those
opened after July 21, 1980.
F.
Corner exemption for storm sewer, sewer and water mains and street
opening and widening.
(1)
If any of these improvements are constructed along the second side
of a corner lot, a deduction of 1/2 of the total lot frontage shall
be allowed when the lot has been previously assessed for the first
side service. If the first side served has never previously been assessed,
the deduction allowed shall be 1/3 of such frontage. However, in no
case shall the second-side-served forgiveness be more than 80 feet.
(2)
If a water main larger than 10 inches in diameter is required, the
assessment shall be based on the cost prorated to a ten-inch main.
(3)
If a sanitary sewer main larger than 12 inches in diameter is required,
the assessment shall be based on the cost prorated to a twelve-inch
main.
