[HISTORY: Adopted by the Common Council of the City of Princeton
as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
City Treasurer — See Ch.
82, §
82-4.
Public records — See Ch.
99.
[Adopted as Title 3, Ch. 1, of the City Code]
A. There shall be a fee as prescribed in Chapter
182, Fees, of the Code of the City of Princeton, for processing checks made payable to the City that are returned because of insufficient funds in the account in question.
B. Collection costs and attorneys 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 Princeton elects not to give the bond
on the City Treasurer as provided for by § 70.67(1), Wis.
Stats.
B. City liable for default of Treasurer. Pursuant to § 70.67(2),
Wis. Stats., the City shall be obligated to pay, in case the City
Administrator/Clerk-Treasurer shall fail to do so, all state and county
taxes required by law to be paid by such City Administrator/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 Administrator/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) Preparation. The Common Council, with the assistance of the City
Administrator/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 Common Council, with the assistance
of the City Administrator/Clerk-Treasurer, shall consider such departmental
estimates in consultation with the department head, 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 Administrator/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 Administrator/Clerk-Treasurer
during regular office hours.
E. Hearing.
(1) The City Administrator/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 and 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 §
49-4 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 Administrator/Clerk-Treasurer and bondsman shall
not be liable for such losses as are defined by state law. The Treasurer
shall invest and the interest arising therefrom shall be paid into
the City treasury.
A. Payment of claims.
(1) Payment of claims hereunder may be made from the City treasury after
the City Administrator/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)
That the funds are available thereof for pursuant to the budget
approved by the Common Council.
(b)
That the item or service covered by such claim has been duly
authorized by the proper official, department head or board or commission.
(c)
That the item or service has been actually supplied or rendered
in conformity with such authorization.
(d)
That the claim is just and valid pursuant to law.
(e)
That the City Administrator/Clerk-Treasurer has the authority
to pay routine claims up to $2,500 ("routine" meaning four times or
more per year), without Council approval, provided that the second
signatory also signs such checks. Utility bills may be paid by the
City Administrator/Clerk-Treasurer regardless of amount.
(2) The City Administrator/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 City Administrator/Clerk-Treasurer
also has the right to request Council approval on any claim.
B. Report to the Common Council. The City Administrator/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 Administrator/Clerk-Treasurer may invest any City funds
not immediately needed, pursuant to §§ 66.0603 and
219.05, Wis. Stats.
Facsimile signatures may not be used by City officials.
A. The City Administrator/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
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 Administrator/Clerk-Treasurer or his/her deputies shall make
out a receipt in duplicate for the money so received. The City Administrator/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 Administrator/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 as prescribed in Chapter
182, Fees, for compiling such information, plus an additional fee for facsimile transmissions. In providing this service, the City of Princeton 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. (Ambulance services bills are not governed by this
section.) 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 Administrator/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 Administrator/Clerk-Treasurer,
include the City Administrator/Clerk-Treasurer's books, the City's
public utilities, Police Department records, and any other books of
any boards, commission, officers or employees of the City handling
City moneys.
No agent of the City of Princeton 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 Administrator/Clerk-Treasurer shall keep a record of such employment
and purchase orders and shall charge them against the proper appropriation.
A. Pursuant to this Chapter
49 of the Code of the City of Princeton and the Wisconsin State Statutes, the following purchasing and bidding procedures are being established to apply to the letting of contracts for all public construction, the estimated cost of which exceeds $5,000 but is no more than $25,000, and to the purchase of any articles, goods, wares, material services or merchandise for the benefit of the City of Princeton, the cost of which exceeds $5,000 which do not constitute public construction contracts as governed by § 62.15, Wis. Stats. The procedure in this policy has been created to achieve the objectives as stated below.
B. Objectives. The objectives of this policy are as follows:
(1) To ensure the lowest price paid by the City.
(2) To prevent against impropriety in letting bids or contracts by specific
individuals and department heads.
(3) To allow the Common Council supervision over the bidding process.
(4) To ensure other factors are considered in the process of bidding
and letting of contract renewals, locality of vendor, previous experience
with the vendor, and the like.
C. Definitions.
(1) Verbal quotations. Telephone (or direct verbal) quotation for goods
and services shall be secured from at least two qualified vendors
and the results of the quotations shall be recorded on a "Memorandum
of Verbal Quotation" form, which general form is to be developed by
the City Administrator and copies of which are to be kept on file
in the City Administrator/Clerk-Treasurer's office. Said "Memorandum
of Verbal Quotation" form shall be prepared by and signed by the person
or department head requesting and receiving the quotations, and shall
be kept by the person or department head for a period of seven years
after execution or completion of the applicable contract or purchase.
(2) Informal quotations (written). Informal requests for written quotations
shall be solicited from at least three qualified bidders on a "Request
for Quotation" form, which is to be developed by the City Administrator/Clerk-Treasurer.
All written requests for quotations shall be issued by the City Administrator/Clerk-Treasurer,
with the assistance of the requesting department. 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.
Vendors shall be notified that the City retains the right to accept
or reject any bid or quote for any reason when informal quotations
are requested.
(3) Formal bids. When a formal bid is required or deemed to be in the
best interest of the City, the bidding procedure shall follow the
legal requirements associated with a Class I Notice under § 61.55,
Wis. Stats., and the procedures normally associated with a formal
bid proposal. The formal bid proposal shall contain at least the following
information:
(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, 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.
(f)
Specification for all items purchased shall be developed with
the full involvement and participation of the department heads. However,
the City Administrator shall ensure that the specifications are sufficiently
broad enough that competition in the bidding process is preserved
D. Bidding procedures.
(1) Bids required. Competitive bids or quotations shall be obtained before
contracting for any public construction, the cost of which exceeds
$5,000 but is no more than $25,000 or before purchasing any articles,
goods, wares, material services or merchandise the estimated cost
of which is more than $5,000. In addition to the requirements below,
§ 62.15(1), Wis. Stats., requires that if the estimated
cost of any public construction exceeds $5,000 but is not greater
than $25,000 the City shall give a Class 1 Notice under Ch. 985, Wis.
Stats., of the proposed construction before the contract for the construction
is executed.
(2) Types of bids required.
(a)
Choice of bidding procedures (more than $5,000 to not more than
$25,000). Any contracts or purchases governed hereunder, the estimated
cost of which exceeds $5,000 but is no more than $25,000, shall be
made by informal quotation, formal quotation or formal bid. The department
head requesting the contract or bid shall be responsible for deciding
which of the previous three methods shall be used. If a formal bidding
process is not used, the department head shall prepare a written memorandum
determining with stated reasons that the method chosen best accomplishes
the above-stated objective and is in the best interest of the City.
However, the Common Council may at any time require that a formal
bidding procedure be followed.
(b)
No approval needed for budgeted items. If any contract or purchase covered under Subsection
D(2)(a) is budgeted for by the Common Council for the year in which the contract or purchase is made, the Common Council does not need to approve the bid or purchase/contract. However, once the contract or purchase is completed, the department shall issue a summary report to the Common Council indicating the purchase/contract is complete and an explanation of the bidding procedures used.
(c)
Approval needed for nonbudgeted items. If any contract or purchase
is not budgeted for by the Common Council, for the year in which the
contract or purchase is made, the Common Council must approve the
bid and purchase/contract. However approval is not necessary for reasonable
and nonsubstantial changes to a contract or purchase that has already
been budgeted for, as long as such changes do not cause the total
applicable department budget to be exceeded.
(3) When formal bids are necessary. All contracts of purchases over $25,000
must be made by formal bids and must be approved by the Common Council
unless after determination by the Common Council that said requirements
are not the best procedure to follow to achieve the objectives stated
above. Upon such a determination, the Common Council shall further
decide which method shall be used to best achieve the objective stated
above.
(a)
Waiver available for annually renewable contracts. Annual renewable
contracts which meet the amount threshold for formal bidding hereunder
or are not budgeted for and would need Council approval need to be
rebid each year, unless such procedures are specifically waived by
the Council, upon determination that the contract will have no substantial
changes upon the renewal and that such waiver would best achieve the
above-stated objective. However, any waiver hereunder may be for a
period of no longer than five years. Annually renewable contracts
which do not meet the amount threshold for mandatory formal bidding
hereunder, and are budgeted for each year of the annually renewable
contract, need not be re-bid each year if there are not substantial
changes to the contract, unless re-bidding would better achieve the
above-stated objective as determined by the department head or Common
Council.
(b)
No bid necessary if from government entity. Competitive bids
or quotations are not necessary to be obtained for contracting with
or purchasing from a public or government entity who has already complied
with its own public bidding requirements.
(c)
No bid necessary for developers. Competitive bids or quotations
need not be obtained for contracts or purchases made by developers,
pursuant to a developer's agreement with the City, for the construction
of utilities or fixtures which will be transferred to the City upon
completion of the development.
E. 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.
A. In addition to other methods provided by law, it is hereby provided
that special assessments for delinquent utility bills may be levied
in accordance with the provisions of this section, which are hereby
adopted pursuant to § 66.0627, Wis. Stats.
B. Delinquent utility bills and service charges shall be levied as a
special assessment against the real property, shall become a lien
thereon, and placed on the tax roll with the same effect as other
City taxes unless the Common Council otherwise determines after notice
and opportunity to be heard as hereinafter set forth.
C. Charges for the following services rendered by the City of Princeton
and the City public utilities shall be paid within 30 days of the
date of billing:
(3) Garbage and refuse collection, disposal and landfill dumping fees.
(4) Repair of sidewalks, curb and gutter.
(5) Charges for water, electric and sewer service.
(6) Fire service.
[Added 10-25-2011 by Ord. No. 2011-06]
D. If the amounts due to the City of Princeton for services listed in Subsection
C(1) through
(5) are not paid when due, the City Administrator/Clerk-Treasurer shall send a notice of the delinquent bill to the customer and to the property owner by standard mail.
E. If the amount due to City utilities for services listed in Subsection
C(5) is not paid when due, the City utilities shall send a notice of the delinquent bill to the customer and to the property owner pursuant to Ch. PSC 113, Wis. Adm. Code. If the bill is still delinquent by the month of October of the billing year, the City utilities shall send a notice of the delinquent bill to the customer and the property owner by standard mail.
F. If a hearing is not requested in accordance with this section, the amount due the City of Princeton or the City public utilities shall become a lien upon the real estate served by the services referred to in Subsection
C upon the expiration of 12 days from the mailing of the notice referred to in Subsections
D and
E.
A. Pursuant to the authority of § 74.47(2), Wis. Stats., the
City hereby imposes a penalty of 1% 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.
B. This penalty of 1% 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 Princeton to adopt a policy to insure continuous
prudent deposits and investments of available City funds. The Common
Council of the City of Princeton 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 Administrator/Clerk-Treasurer shall deposit all
public monies received by her/him.
(2) Limitations. The resolution or ordinance designating one or more
public depositories shall specify whether the monies shall be maintained
in time deposits subject to the limitations of § 66.0607,
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. Not more than $500,000 shall be deposited in any one public
depository, unless specifically authorized by the Common Council.
(3) Deposits. The City Administrator/Clerk-Treasurer shall deposit public
monies in the name of the City of Princeton 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 Administrator/Clerk-Treasurer
of monies deposited in a public depository shall be made as provided
by § 66.0607, Wis. Stats. The City Administrator/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 Administrator/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 Administrator/Clerk-Treasurer
utilize a wise and prudent cash management system within the level
of her/his expertise in such a manner to insure maximum investment
earnings, while at the same time be 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 Administrator/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.
D. Investment factors. The City Administrator/Clerk-Treasurer is authorized
and directed to utilize investment options as set forth within these
guidelines, and that the City Administrator/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 safe-keeping 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 Administrator/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 & Poor's Corporation or other
similar nationally recognized rating agency.
E. Safety.
(1) In order to safeguard investments and deposits, the City shall acquire
of each public depository its annual financial statements and evaluate
such statements as to the financial soundness of the depository. Also
to be reviewed are 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 Princeton. 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. Liquidity.
(1) The maturity of any investment shall be determined by analyzing the
following factors:
(a)
Immediate cash requirements.
(2) Investments shall not extend beyond any recognized unfunded cash
needs of the City. Major consideration of maturity dates should be
given to requirements of the payroll, debt service, and the bimonthly
bills and claims.
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
United States 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 Administrator/Clerk-Treasurer
who deposits public monies 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 monies
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, Wis. Stats., and § 66.0607, Wis. Stats. In case
of conflict, the state laws shall prevail.
[Adopted as Title 3, Ch. 2, of the City Code]
A. The City of Princeton, by resolution of its Common Council, may levy
and collect special assessments upon property in a limited and determinable
area for special benefits conferred upon such property by any municipal
work or improvement and may provide for the payment of all or any
part of the cost of the work or improvement. In addition to other
methods approved by law, special assessments for any public work or
improvement or any special charge for current services may be levied
in accordance with the provisions of this article.
B. The amount assessed against any property for any work or improvement
which does not represent an exercise of the police power shall not
exceed the value of the benefits accruing to the property therefrom,
and for those representing an exercise of the police power, the assessment
shall be upon a reasonable basis as determined by the Common Council.
C. The favored procedure in the City for proceeding with making specially
assessable public improvements as generally set forth in this article
is not intended in any way to disregard or to bar proceeding under
other methods provided by law for making of public improvements and
for the levying of assessments therefor. Nor is this article intended
to be an exhaustive, detailed recodification of the state law under
said statutory section. Detailed requirements still require reference
to said statutory section and the subsections thereunder. The purpose
hereof is to generally define and establish local procedures.
A. Public improvements carried out pursuant to §§ 66.0701
and 66.0703, Wis. Stats., and this article shall be initiated by a
preliminary resolution presented to the Council by the City Engineer,
which resolution shall declare the Council's intention to exercise
its assessment powers for such municipal purpose(s), describe the
same, the limits of the proposed assessment district, the number of
installments in which special assessment may be paid or that the number
of installments will be determined at hearing thereon, and direct
the City Engineer to make a report thereon. After adoption of such
preliminary resolution by the Common Council, copies thereof shall
be forwarded by the City Administrator/Clerk-Treasurer to the City
Engineer. The City Administrator/Clerk-Treasurer shall forthwith,
after adoption of such preliminary resolution, obtain a list of the
names and addresses of all interested persons, if with reasonable
diligence their names and addresses may be obtained, and forward the
same to the City Engineer. Upon receipt of copy of such preliminary
resolution, the City Engineer shall prepare the report thereon.
B. The report required by Subsection
A shall consist of:
(1) Preliminary or final plans and specifications.
(2) An estimate of the entire cost of the proposed work or improvement.
(3) An estimate, as to each parcel of property affected, of:
(a)
The assessment of benefits to be levied.
(b)
The damages to be awarded for property taken or damages.
(c)
The net amount of such benefits over damages or the net amount
of such damages over benefits.
(4) A statement that the property against which the assessments are proposed is benefited, where the work or improvements constitute an exercise of the police power. In such case, the estimates required under Subsection
B(3) shall be replaced by a schedule of the proposed assessments.
(5) A copy of the report when completed shall be filed with the City
Administrator/Clerk-Treasurer for public inspection.
C. When the Common Council determines by resolution that the hearing on the assessments be held subsequent to the completion of the work or improvement or rendering of the service, the report required by § 66.0703(5), Wis. Stats., and Subsections
A and
B above shall contain a statement of the final cost of the work, service or improvement in lieu of an estimate of the cost.
The cost of any work or improvement to be paid in whole or in
part by special assessment on property may include the direct and
indirect cost thereof, the damages occasioned thereby, the interest
on bonds or notes issued in anticipation of the collection of the
assessments, a reasonable charge for the services of the administrative
staff of the City and the cost of any architectural, engineering and
legal services, and any other item of direct or indirect cost which
may reasonably be attributed to the proposed work or improvement.
The amount to be assessed against all property for any such proposed
work or improvement shall be apportioned among the individual parcels
in the manner designated by the Common Council.
A. If any property deemed benefited shall by reason of any provision
of law be exempt from assessment therefor, such assessment shall be
computed and shall be paid by the City.
B. A parcel of land against which has been levied a special assessment
for the sanitary sewer or water main laid in one of the streets upon
which it abuts shall be entitled to such deduction or exemption as
the Common Council determines to be reasonable and just under the
circumstances of each case when a special assessment is levied for
the sanitary sewer or water main laid in the other street upon which
such corner lot abuts. Under any circumstances the assessment will
not be less than the long way of such lot. The Common Council may
allow a similar deduction or exemption from special assessments levied
for any other public improvement.
A. Notice requirements. On the completion and filing of the report and final resolution with the City Administrator/Clerk-Treasurer required in §
49-21B(5) of this article, the City Administrator/Clerk-Treasurer or City Engineer shall prepare a notice of hearing, which notice shall comply with the requirements of this article and statutory requirements, and state the nature of the proposed or approved work or improvement, the general boundary lines of the proposed assessment district and the place and time at which the report may be inspected. In publishing the notice of hearing, the City Administrator/Clerk-Treasurer shall set the place and time at which all interested persons, their agents or attorneys may appear before the Common Council or committee thereof and be heard concerning the matters contained in the preliminary resolution and report. Such notice shall be signed by the City Administrator/Clerk-Treasurer who shall cause the same to be published at least twice in the official newspaper and shall mail a copy of such notice at least 10 days before the hearing to every interested person whose post office address is known or can be ascertained with reasonable diligence. In the case of any street improvement, one copy of such notice shall be posted in each block containing a minimum of 240 feet of the part of the street proposed to be improved. The hearing shall commence not less than 10 days and not more than 40 days after the publication or mailing of said notice.
B. Waiver of notice, assessments under. The Council may, without any
notice of hearing, levy and assess the whole or any part of the cost
of any municipal work or whole or any part of the cost of any municipal
work or improvement as a special assessment upon the property specifically
benefited thereby whenever notice and hearing thereon is in writing
waived by all the owners of property affected by such special assessment.
In such cases, the procedure shall be the same as hereinbefore provided
excepting for the noticing and holding of public hearing thereon.
A. After the hearing, the Common Council may:
(1) Approve the project by resolution and direct the Public Works Committee
to proceed with the project, disapprove the project, modify or re-refer
the report to the City Engineer with such directions as it deems necessary
to change the plans and specifications as to accomplish a fair and
equitable assessment.
(2) Continue the public hearing, preliminarily approve plans and specifications
and, if the project requires advertising for bids, authorize and direct
the advertisement therefor with a date certain for consideration and
taking action thereon, inclusive of action on said report and action
on final resolution.
B. If an assessment be made against any property and an award of compensation
or damage be made in favor of the property, the Common Council shall
assess only the difference between such assessment of benefits and
the award of compensation or damage.
C. Resolution to approve work or confirm report.
(1) If the work or improvement has not been previously authorized or
approved, the Common Council shall approve the work or improvement
and by resolution direct that the same be done and paid for in accordance
with the report finally approved.
(2) If the work or improvement has been approved by the Common Council
or work commenced or completed prior to the filing of the report or
prior to the hearing, then the Common Council shall by resolution
confirm the report as made or modified and provide for payment in
whole or in part by assessment.
D. The City Administrator/Clerk-Treasurer shall publish the final resolution as required in §
49-21 of this article.
E. After the publication of the final resolution, any work or improvement
provided for and not yet authorized shall be deemed fully authorized
and all awards of compensation or damage and all assessments made
shall be deemed duly and properly made, subject to the right of appeal
by § 66.0703(12), Wis. Stats., or any other applicable provision
of law.
F. As soon as the assessable cost of such work or improvement is finalized,
the City Administrator/Clerk-Treasurer shall issue respective special
assessment certificates for each property affected and specifying
the manner in which payment is to be made and shall send copy of the
respective assessment affecting each property to each owner's
post office address that is known or can be obtained with reasonable
diligence.
If more than a single improvement is undertaken, the Common
Council may combine the assessments as a single assessment on each
property affected except that the property owner may object to any
one or more of said improvements.
If, after completion or after the receipt of bids, the actual cost of any work or improvement is found to vary materially from the original estimate, or the assessment is void or invalid for any reason, or if the Common Council determines to reconsider an assessment, it is empowered, after giving notice as required in §
49-24 to amend, cancel or confirm any prior assessment; and notice of this amending, canceling or confirming be given by the City Administrator/Clerk-Treasurer as provided in §
49-25 of this article.
If the cost of the work or improvement is less than the assessment
levied, the Common Council without notice or hearing shall reduce
each assessment proportionately. If the assessment has been paid either
in part or in full, the City shall refund the property owner such
overpayment.
A. Any person against whose property a special assessment is levied
under this article may appeal therefrom in the manner prescribed by
the Wisconsin Statutes, as amended, within 40 days of the date of
the final determination of the Common Council.
B. It shall be a condition to the maintenance of any appeal that any
assessment appealed shall be paid when due and payable, and upon default
in payment any such appeal shall be dismissed.
A. Payment of special assessments.
(1) Without interest. Upon receipt of copy of special assessment certificate,
any person may pay the same in full, without interest, if paid to
the City Administrator/Clerk-Treasurer within the grace period therein
allowed and as allowed in the final resolution.
(2) After grace period. Special assessments shall be paid by the respective
owner by the first day of November following the completion of the
improvements, after which time the cost of such improvements shall
become a lien against the property affected and placed upon the tax
roll, which may then be paid in one installment at the time of paying
the general property taxes for said current year. If any special assessment,
or any part thereof, remains unpaid following the running of the grace
period specified for payment without interest, at time of preparation
of the first tax roll thereafter the same, together with interest
computed thereon at the interest rate established in said final resolution
and in said certificates computed from the date of levy (i.e., date
of final resolution) or the finalizing of assessable costs, whichever
is later, shall be entered in such tax roll in such manner as directed
in said final resolution and certificate; thereafter, if the same
be payable in installments, subsequent installments together with
interest at said rate computed on declining balance shall be entered
in subsequent tax rolls until fully paid. This provision is in no
way intended to prohibit the prepayment of the balance owning at any
time on principal together with interest to date of payment only.
B. Assessment a lien. Pursuant to state law, any special assessment
levied under this article shall be a lien on the property against
which it is levied on behalf of the City. The Common Council shall
provide for the collection of such assessments and may establish penalties
for payment after the due date. The Common Council shall provide that
all assessments not paid by the date specified shall be extended upon
the tax roll as a delinquent tax against the property and all proceedings
in relation to the collection of such delinquent taxes shall apply
to such assessment, except as otherwise provided by statute.
A. Special charges authorized. In addition to all other methods provided
by law, special charges for current services rendered may be imposed
by the City by allocating all or part of the cost to the property
served. Such may include, without limitation because of enumeration:
(2) Lawn and weed elimination.
(3) Water bills for water furnished.
(4) Electric bills for electric energy.
B. Payment. If the amounts due the City of Princeton for the current
services are not paid within 20 days of the date of billing, the City
Administrator/Clerk-Treasurer shall send a notice of the delinquent
bill to the customer and to the property owner by mail.
C. Notice; hearing.
(1) The notice referred to in Subsection
B shall contain the following statement:
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"You are entitled to a hearing before the Common Council of
the City of Princeton to dispute the amount of this charge. You must
request this hearing by notifying the City Administrator/Clerk-Treasurer
in writing within 10 days of the date this notice was mailed."
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(2) The City Administrator/Clerk-Treasurer shall set the date and time
for hearing upon receiving a written request. This hearing shall be
held before the Common Council of the City of Princeton.
(3) At the time of the hearing referred to in Subsection
C(2) above, the Common Council shall hear all evidence brought before it concerning the correctness of the amount billed by the City of Princeton in accordance with this article. At the conclusion of this hearing, the Common Council shall decide the amount due the City of Princeton. All parties in attendance shall be notified of the Council's decision.
(4) If the amount determined to be due the City of Princeton, after the hearing is not paid within five days from the date of the Council's decision, then this amount shall become a lien upon the real property served by the current service referred to in Subsection
A above. This shall be accomplished pursuant to the power granted the City of Princeton by § 66.0627, Wis. Stats.
(5) If a hearing is not requested in accordance with this section, then the amount due the City of Princeton shall become a lien upon the real property served by the current service referred to in Subsection
A upon the expiration of 12 days from the date the notice referred to in Subsection
C(1) above was mailed. This shall be accomplished pursuant to the power granted the City of Princeton by § 66.0627, Wis. Stats.
(6) This section shall not prevent the City of Princeton or its utilities
from disconnecting service for nonpayment of bills.
D. Lien. Special charges for current services shall not be payable installments. If not paid within the period fixed by the Common Council, such delinquent special charges, pursuant to §
49-30, shall become a lien on said property as of the date of such delinquency and shall automatically be extended upon the current or next tax roll as a delinquent tax against the property, as provided by § 66.0627, Wis. Stats., and all proceedings in relation to the collection, return and sale of property for delinquent real estate taxes shall apply to such special charge. Notice of special charges for current services need not be given except as required by § 66.0627, Wis. Stats., as amended.
E. Miscellaneous provisions. Section
49-21A of this article shall not be applicable to proceedings under this section.
A. If any assessment or charge levied under this article is invalid
because such statutes are found to be unconstitutional, the Common
Council may thereafter reassess such assessment or charge pursuant
to the provisions of any applicable law.
B. The Common Council may, without notice or hearing, levy and assess
all or any part of the cost of any work or improvement upon the property
benefited if notice and hearing is waived in writing by property owners
affected.
C. Notwithstanding any other provision of law, or this or other ordinance
or resolution, it is specifically intended and provided by this article
that the City may levy special assessments for work or improvement
against the property benefited either before or after the approval
of the work plans and specifications, contracting for the work or
completing the work or improvement.
As an alternative to any other financing method, the Common
Council may provide for the payment of the initial cost of any public
improvement from the proceeds of special assessment "B" bonds issued
under § 66.0713(4), Wis. Stats. Special assessments to retire
such bonds and pay the interest thereon shall be levied under § 66.0713(4),
Wis. Stats., payable in such installments at a rate to be determined
by the Council based upon borrowed money rates at the time of the
special assessment.
The following special assessment policy shall apply to the City's
public improvement program. Property owners may be assessed for improvements
as herein indicated in this section:
A. Sanitary sewers and water mains.
(1) The cost of installing water mains may be uniformly spread over each
foot of abutting property on both sides of the street as a special
assessment against said abutting property so benefited; except that
lots or parcels of land located at street intersections shall be exempt
not to exceed 60 feet from said special assessment if the sanitary
sewer or water main is laid at one time in both the intersecting streets
upon which said corner lot or parcel abut, or if there is a sanitary
sewer or water main existent in one of the streets upon which said
corner lot or parcel of land abuts at the time of installation of
the sanitary sewer or water main for which such special assessment
is made.
(2) No water mains of less than six inches in diameter and no sanitary
sewer of less than eight inches in diameter shall be hereinafter installed.
No private house sewer or water main shall be connected with any public
sewer or water main without a permit therefor having first been obtained
in such manner as the Council shall direct.
B. Curb and gutter. The total cost of all work involved in the construction
of curbs and gutters may be assessed in full or in part. When curb
and gutter replacements are necessary, the costs will be borne by
the City and the property owner in such proportions as the Common
Council shall direct.
C. Standard assessment policies. Total cost of all said improvements
to be constructed in the City of Princeton will be assessed equally
on a front foot basis unless otherwise specified or in those instances
when the project may be of an unusual nature. As a general rule, it
will be the policy to install water and sewer improvements in one
year and curb and gutter, or other street improvements, during the
following year.