[Adopted 7-13-2020 by Ord. No. 200713-1[1]]
[1]
Editor's Note: This article derives from Ch. 16 of the former Municipal Code, amended 8-13-2001, 1-1-2003, 10-10-2005 and 8-27-2012.
For the purposes of this article, all departments and any programs, projects and expenditures in which there are Village of Fox Crossing monies being utilized shall adhere to the requirements of this article.
For the purpose of this article, the following terms, phrases, words and their derivatives shall have the meaning given herein. When not consistent with the context, words used in the present tense include the future, words in the plural include the singular number, and words in the singular include the plural. The words "will" and "shall" are always mandatory and not merely directory.
AGGREGATE
Any single purchase consisting of multiple identical items.
BUSINESS
Any corporation, partnership, individual, sole proprietorship, joint stock company, joint venture or any other legal entity.
CLAIM
Bills and vouchers submitted to the Village for payment for services or items received by the Village.
CONTRACT
Any type of Village agreement, regardless of what it may be called, for the purchase or disposal of supplies, services, or construction. It includes contracts of a fixed price, cost, cost plus a fixed fee, or incentive type; contracts providing for the issuance of job or task orders; leases; letter contract; and purchase orders. It also includes supplemental agreements with respect to any of the above.
CONTRACTOR
Any person or business having a contract with the governmental body.
COOPERATIVE PURCHASING
Procurement conducted by, or on behalf of, more than one public procurement unit.
DESIGNEE
A duly authorized representative.
EMERGENCY
A situation, or set of circumstances, where the continued performance of Village services, such as fire protection, snowplowing, police protection, etc., or the immediate safety needs of Village employees, residents, or property owners requires an immediate purchase.
EMPLOYEE
Any individual receiving compensation from the Village, whether elected or not.
LOCAL BIDDER
A business located within the Village of Fox Crossing borders.
PROCUREMENT
The buying, purchasing, renting, leasing, or otherwise obtaining of any supplies, services or construction. It also includes all functions that pertain to the obtaining of any supply, service, or construction, including description of requirements, selection and solicitation of sources, preparation and award of contract and all phases of contract administration.
PROGRAM
A "budget program" is a group of related activities for which the funding sources are substantially similar.
PUBLIC CONTRACT
A contract for the construction, execution, repair, remodeling or improvement of any public work or building or for the furnishing of materials or supplies, with an estimated cost greater than $5,000 (per § 62.15, Wis. Stats.).
PURCHASING AGENT
The Village Manager is hereby designated the Purchasing Agent, hereinafter "Agent," for the Village. The Agent may delegate authority to any department head of the Village of Fox Crossing for the preparation of specifications and/or the obtaining of bids and quotations as may be required.
REQUEST FOR PROPOSALS
All documents, including those attached or incorporated by reference, utilized for soliciting proposals.
RESPONSIBLE BIDDER
A person who, in the judgment of the Village Board, is financially responsible and has the capacity and competence to faithfully and responsibly comply with the terms of the public contract.
RESPONSIVE BIDDER
Per § 62.15, Wis. Stats., a person who has submitted a bid which conforms in all material respects to the invitation for bids.
SERVICES
The furnishing of labor, time or effort by a contractor, not involving the delivery of a specific end product other than reports which are merely incidental to the required performance. This term includes professional services, but it does not include employment agreements or collective bargaining agreements.
SPECIFICATIONS
Any description of the physical or functional characteristics, or of the nature of, a supply, service, or construction item. It may include a description of any requirement for inspection, testing, or preparing a supply, service, or construction item for delivery.
SUPPLIES
All property, including but not limited to equipment, parts, materials, printing, insurance, and leases on real and personal property, excluding land or a permanent interest in land.
TOTAL AMOUNT
The total cost, including all associated costs, such as delivery and employee costs.
USING DEPARTMENT
Any department, commission, board, or committee of the Village.
VILLAGE
Any department, commission, board or committee of the Village of Fox Crossing, a corporate politic of the State of Wisconsin.
A. 
All fees, costs, fines, taxes, or other financial exchanges necessitated in the regular course of Village business shall take place at the Municipal Complex at the Village of Fox Crossing, located at 2000 Municipal Drive, Neenah, WI 54956 or at the premises of lending institutions designated by the Village of Fox Crossing as recipients for said funds.
B. 
All municipal assets are for municipal purposes only, with the exception of public access to Village of Fox Crossing Municipal Offices located at 2000 Municipal Drive, Neenah, Fire Station No. 40 located at 1326 Cold Spring Road, Neenah, WI 54956, the Community Center building at 1000 Valley Road, Fox Crossing, WI 54952 and all park pavilions located on park properties.
A. 
Tax roll. The Treasurer shall process the tax roll pursuant to § 70.65, Wis. Stats.
B. 
Pursuant to § 70.67(2), Wis. Stats., the Village hereby states that the Treasurer is exempt from giving the bond specified in this section. The Village hereby obligates itself to pay, in case its Treasurer fails to do so, all state and county taxes which the Village Treasurer is required to pay the County Treasurer. A certified copy of this section shall be filed with the County Treasurer by the Village Clerk.
A. 
Claims to be certified. Prior to submission of any account, demand or claim to the Village Board for approval of payment, the Village Director of Finance shall certify that the following conditions have been met:
(1) 
Funds are available pursuant to the budget.
(2) 
The item or service was duly authorized by the proper official or agency and has been received or rendered in accordance with the local procurement policy.
(3) 
The claim is accurate in amount, and a proper charge against the treasury.
B. 
Village Board approval of claims.
(1) 
No claim or demand against the Village, except as provided in Subsection C of this section, shall be paid until it has been approved by the Village Board and an order drawn on the Village Director of Finance. Every claim shall be itemized and certified as provided in Subsection A.
(2) 
After auditing, the Village Board shall approve or disapprove each claim. The resolution approving of the claims shall show to whom, for what purpose and the amount of every claim approved and shall be on record with the Director of Finance.
C. 
Special processing of claims.
(1) 
Many times due to the timing of Village Board meetings, claims may need to be settled prior to the next Village Board meeting. Additionally, many of the below-listed items are routine in nature, such as an electric bill. Due to these facts, the Finance Department is authorized to issue checks for the below-listed items. The Village Board shall be provided with a list of the claims that were special-processed at its next regularly scheduled Village Board meeting.
(a) 
Bond payments.
(b) 
Court-related payments.
(c) 
Debt service payments.
(d) 
Escrow releases.
(e) 
Mobile home and hotel/motel tax payments.
(f) 
Payroll/payroll liabilities.
(g) 
Postage.
(h) 
Refunds.
(i) 
Sewage treatment plant expenses.
(j) 
Tax liabilities, including settlements.
(k) 
Utility bills (ex. telephone, electric, water, etc).
(l) 
Insurance payments, such as workers' compensation or property insurance.
(m) 
Miscellaneous purchases, $0 to $1,000 approved by the Director of Finance, $1,000 to $5,000 approved by the Manager, and $5,000 to $10,000 approved by the President.
(n) 
Emergency purchases.
(2) 
When a verified emergency expenditure occurs which is declared by the Village President, the Manager has authorization to approve cash disbursements up to $100,000. The Manager shall require written explanation/justification from the affected department head(s). The Director of Finance shall provide a list of such disbursements to the Village Board, along with the regular bills list, for the next regularly scheduled Village Board meeting.
(3) 
All tax refunds shall be special-processed within 10 business days after the amount is collected by the Village of Fox Crossing.
D. 
Timely processing. Since the processing of claims needs to occur within the vendor's requirements to not incur penalty or interest on the outstanding claim, the Finance Department is authorized to process the necessary checks to ensure the Village does not incur finance charges on Village accounts or to take advantage of discounts. The Finance Department shall be required to submit a listing of all bills paid in this manner at the next Village Board meeting. The amount of the claims processed shall not be limited to the above dollar amounts.
E. 
Method of incurring claims. All actions which result in the appropriation of money or creating a charge against the Village, unless previously authorized by the Board through the budget process, including any claim that exceeds the budgeted amount, shall require a two-thirds vote of the entire membership of the Board. Additionally, all actions which result in a cost to the Village shall be discussed with the initial action and need to meet the aforementioned requirements. The action taken needs to incorporate the necessary budget transfer/amendment in the resolution appropriating the funds/charge.
A. 
Village Board to prepare budget. On or before 14 days prior to the annual Village budget hearing each year, the Village Board, with the assistance of the Village Manager and Director of Finance, shall prepare and submit a proposed budget presenting a financial plan for conducting the affairs of the Village for the ensuing year. Before preparing the proposed budget, the Board shall consult with the Village Manager, Director of Finance and/or the department heads to determine the total amount to be recommended in the budget for each Village department or activity. The Village's adopted budget shall provide a complete financial plan for the ensuing fiscal year.
B. 
Proposed budget.
(1) 
The proposed budget shall include the following information:
(a) 
Expenditures:
[1] 
Actual year-to-date expenditures, per department/activity for the current year.
[2] 
Actual expenditures for the previous year.
[3] 
Year-end estimate for the current year expenditures.
[4] 
Reasons for any significant increases or decreases, as compared with actual and estimated current year expenditures.
[5] 
Any increase or decrease which significantly changes the services provided or level of services provided.
(b) 
Revenues:
[1] 
Actual year-to-date revenues, per fund for the current year.
[2] 
Actual revenues for the previous year.
[3] 
Year-end estimate for the current year revenues.
[4] 
Reasons for any significant increases or decreases, as compared with actual and estimated current year expenditures.
[5] 
Any increase or decrease which significantly changes the services provided or level of services provided.
(c) 
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.
(d) 
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.
(e) 
Department/program statement of purpose and goals and objectives for the upcoming year.
(f) 
Such other information as may be required by the Village Board and by state law.
(2) 
The Village Board shall provide a reasonable number of copies of the budget thus prepared for distribution to citizens.
C. 
Budget adoption. The Village President, with the assistance of the Manager and Director of Finance, shall submit to the Village Board the annual budget and a draft of an appropriation resolution providing for the expenditures proposed for the ensuing fiscal year. Before adoption of a final appropriation resolution, the Village Board shall hold a public hearing on the budget and the proposed appropriation resolution as required by law pursuant to § 65.90, Wis. Stats., and shall give published notice thereof as provided. The public hearing on the budget shall be satisfied by presentation at the Annual Village Budget Hearing. The budget shall be adopted by the Village Board via an appropriation resolution in summary based on the activities of the Village.
D. 
Changes in adopted budget.
(1) 
The management of the Village budget is the responsibility of the Village Manager and the Director of Finance.
(2) 
The Village Manager shall be authorized to approve intradepartment/activity transfers of funds when deemed necessary; however, § 65.90(5)(a), Wis. Stats., requires Village Board approval for transfers related to capital expenditures.
(3) 
The Village Board 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 program/department or from one fund to another fund.
E. 
Expenditures limited by annual appropriation. 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 resolution and changes therein authorized in accordance with Subsection D of this section. At the close of each fiscal year any unencumbered balance of an appropriation shall revert to the fund equity and shall be subject to reappropriation, but appropriations may be made by the Village 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.
F. 
Fund balance/equity.
(1) 
The general fund unassigned fund balance shall be established by the Village Board for the purpose of working capital, in the amount range of 20% to 30% of the subsequent year's general fund operating budget. The purpose of the working capital is to ensure normal operation of the Village, in order to avoid short-term borrowing for such operations.
(2) 
Establish the amount of general fund committed equity for stabilization purposes. The committed Stabilization Fund amount shall equal 20% of the subsequent year's general fund operating budget. This 20% commitment may only be expended when certain specific circumstances exist and for items that are not expected to occur routinely. Specific circumstances may include externally imposed reductions in revenue, including dramatic changes in economic or financial conditions of the Village of Fox Crossing, and unforeseen external factors, such as a natural disaster which impacts the current year budget by over $100,000. Specific circumstances also include where the general fund's unassigned fund balance is a deficit at the end of a calendar year.
(a) 
To maintain the Stabilization Fund, at year-end, the Director of Finance will annually allocate the Village of Fox Crossing's funds to ensure compliance with this section.
(b) 
To increase this Stabilization Fund, the Village Board must amend this section.
(3) 
The fund balance in the general fund will be assigned for the annual amount necessary to fund employees' accrued absences.
(4) 
Unassigned enterprise equity balances will be established at a minimum of one billing quarter to ensure available working capital.
(5) 
Sewer SAC fees are committed equity for the purpose of offsetting sewer treatment plant expenses, as budgeted by the Village Board.
(6) 
Fund balance assignments of the Special Revenue Fund can be authorized by the Director of Finance in relationship to specific donations received by the Village of Fox Crossing.
G. 
Capital replacement fund.
(1) 
The Village of Fox Crossing Board shall maintain a capital replacement fund for the purposes of replacing costly equipment, vehicles, and any other items as approved by the Village Board.
(2) 
Annually, the Village Manager and Director of Finance shall provide a replacement schedule, and the calculation for the monies needed to support the fund, as part of the budget process.
The current procurement policy is on file at the Finance Office.
The current fixed asset capitalization policy is on file at the Finance Office.