[HISTORY: Adopted by the City Council of the City of Amery
as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-6-2004 as
Title 3, Ch. 1, of the 2004 Code]
A. There shall be a fee as prescribed in the Schedule of Fees 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.
[Added 2-4-2009 by Ord.
No. 2-2009]
A. Authorizing sanitation service administrative fee.
(1) Authorizes
the City to charge a quarterly fee for administration of the sanitation
services for residents of the City of Amery. The fee is to cover the
cost associated with staff time as an intermediary between the sanitation
service provider and the resident.
(2) Fee
will be added to resident's utility bill.
(3) Administrative
fee will be set as specified in the Schedule of Fees.
B. Authorizing landfill service fee.
[Added 12-7-2011 by Ord.
No. 8-2011]
(1) Authorizes
the City to charge an annual fee for residents and businesses of the
City of Amery to cover the cost associated with the closed landfill
and for maintaining a yard waste facility (brush, leaves and grass
clipping disposal) for City residents. It also assists with costs
associated with the City's Annual Cleanup Day.
(2) Fee
will be added to utility bills.
(3) Administrative
fee will be set as specified in the Schedule of Fees.
[Amended 10-3-2018 by Ord. No. 8-2018]
A. Bond eliminated. The Administrator/Clerk-Treasurer of the City of
Amery is exempt from giving the bond specified in § 70.67(2),
Wis. Stats.
B. City liable for default of Administrator/Clerk-Treasurer. The City
hereby obligates itself to pay, in case the City Administrator/Clerk-Treasurer
fails to do so, all state and county taxes that the City Administrator/Clerk-Treasurer
is required to pay 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 City Administrator/Clerk-Treasurer shall annually
prepare and submit to the City Council a proposed budget presenting
a financial plan for conducting City affairs for the ensuing fiscal
year.
(2) Consideration of estimates. The City Administrator/Clerk-Treasurer
shall consider such departmental estimates in consultation with the
department head and recommend a budget amount for such department
or activity.
C. Proposed budget. On or before November 1, the City 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 City 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 in detail is available for public inspection and notice of
the time and place for holding the public hearing thereof shall be
published in the official newspaper of the City at least 15 days prior
to the time of such public hearing.
(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 City Council is required to adopt the proposed
budget and a vote of 3/4 of the Council is necessary to adopt the
appropriations budget.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
The Council may at any time, by a 2/3 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 15 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 §
55-5 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 City 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.
A. Payment of claims.
(1) Payment of claims hereunder may be made from the City Treasury after
the 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 therefor pursuant to the budget
approved by the City 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.
(2) The Administrator/Clerk-Treasurer has the authority to pay routine
claims such as utility bills up to $2,500 (routine meaning four times
or more per year) without Council approval, provided that the second
signatory also signs such checks.
(3) The 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 Administrator/Clerk-Treasurer also
has the right to request Council approval on any claim.
B. Report to the City Council. The Administrator/Clerk-Treasurer shall
file with the City Council a list of the claims approved, showing
the date paid, name of claimant, purpose and amount.
In lieu of the personal signatures of the Mayor and Administrator/Clerk-Treasurer,
there may be affixed on order checks the facsimile signatures of such
persons adopted by them and approved by the City Council, but the
use of the facsimile signature shall not relieve such official from
any liability to which he/she is otherwise subject, including the
unauthorized use thereof.
[Amended 7-10-2019 by Ord. No. 15-2019]
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 City 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 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 City Council shall direct.
[Amended 7-10-2019 by Ord. No. 15-2019]
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 the Schedule of Fees for compiling such information, plus an additional
fee for facsimile transmissions. In providing the service, the City
of Amery 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. 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.
[Amended 7-10-2019 by Ord. No. 15-2019]
A firm of certified public accountants shall be employed each
year by the City, subject to the confirmation of the City 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 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, commissions, officers or employees
of the City handling City moneys.
No agent of the City of Amery 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. 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 § 66.0723, 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 City 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 Amery
and the City public utilities shall be paid within 20 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 and sewer service.
D. If the amounts due to the City of Amery for services listed in Subsection
C(1) through
(4) are not paid when due, the City designee shall send a notice of delinquent bill to the customer and to the property owner by standard mail.
[Amended 7-10-2019 by Ord. No. 15-2019]
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 §§ PSC 113.0301 and 113.0302, 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. The notice referred to in Subsection
D shall contain the following statement: "You are entitled to a hearing before the City Council, or committee thereof, of the City of Amery 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 of this notice."
G. The notice sent by standard mail referred to in Subsection
E shall contain the following statement: "You are entitled to a hearing before the City Council, or committee thereof, of the City of Amery 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 of this notice."
[Amended 7-10-2019 by Ord. No. 15-2019]
H. In the event of a request for hearing, the City Administrator/Clerk-Treasurer shall set the date and time for hearing upon receiving a written request under Subsection
F or
G. This hearing shall be held before the City Council, or committee thereof, for the City of Amery.
[Amended 7-10-2019 by Ord. No. 15-2019]
I. At the time of the hearing referred to in Subsection
H, the City Council, or committee thereof, shall hear all evidence brought before it concerning the correctness of the amount billed by the City of Amery in accordance with this section. At the conclusion of this hearing, the City Council, or committee thereof, shall decide the amount due the City, and all parties in attendance shall be notified of the decision.
J. If the amount determined to be due to the City after the hearing referred to in Subsection
I is not paid within five days from the date of the Council's or committee's decision, then this amount shall become a lien upon the real estate served by the services referred to in Subsection
C. This shall be accomplished pursuant to the power granted to the City of Amery by § 66.0723, Wis. Stats.
K. If a hearing is not requested in accordance with this section, the amount due the City of Amery 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
F and
G.
A. Purpose. The purpose of this section is to adopt the procedures prescribed
by § 66.0809, Wis. Stats., for the collection of public
utility service charges. It is not the intent of this section to repeal
other City ordinance provisions regulating the billing for utility
services not in conflict with this section. Pursuant to § 66.0809(4),
Wis. Stats., the collection procedures outlined herein shall be applicable
to collect arrearages for electric service, along with arrearages
for public utility services.
B. Collection procedures.
(1) Except as provided in Subsection
B below, on October 15 of each year, notice shall be given to the owner or occupant of all lots or parcels of real estate to which utility service has been furnished prior to October 1 by a public utility operated by the City and payment for which is owing and in arrears at the time of giving the notice.
(2) The department (the municipal utility department providing the service)
in charge of the utility shall furnish the City Administrator/Clerk-Treasurer
with a list of the lots or parcels of real estate for which utility
service charges are in arrears, and the notice shall be given by the
City Administrator/Clerk-Treasurer, or designee. The City Council
authorizes that the department may elect to have the notice be given
directly by the department.
[Amended 7-10-2019 by Ord. No. 15-2019]
(3) The notice shall be in writing and shall state the amount of arrears,
including any penalty assessed pursuant to the rules and regulations
of that utility; that unless the amount is paid by November 1 a penalty
of 10% of the amount of arrears will be added; and that unless the
arrears, with any added penalty, are paid by November 15, the arrears
and penalty will be levied as a tax against the lot or parcel of real
estate to which utility service was furnished and for which payment
is delinquent.
(4) The notice may be served by delivery to either the owner or occupant
personally or by letter addressed to the owner or occupant at the
post office address of the lot or parcel of real estate.
(5) On November 16, the officer or department issuing the notice shall
certify and file with the City Administrator/Clerk-Treasurer a list
of all lots or parcels of real estate, giving the legal description,
for which notice of arrears was given and for which arrears remain
unpaid, stating the amount of arrears and penalty.
[Amended 7-10-2019 by Ord. No. 15-2019]
(6) Each delinquent amount, including the penalty, becomes a lien upon
the lot or parcel of real estate to which the utility service was
furnished and payment for which is delinquent, and the City Administrator/Clerk-Treasurer
shall insert the delinquent amount and penalty as a tax against the
lot or parcel of real estate. All proceedings in relation to the collection
of general property taxes and to the return and sale of property for
delinquent taxes apply to the tax if it is not paid within the time
required by law for payment of taxes upon real estate.
[Amended 7-10-2019 by Ord. No. 15-2019]
C. Arrearages involving mobile homes. If an arrearage is for utility
service furnished and metered by the utility directly to a mobile
home unit in a licensed mobile home park, the notice shall be given
to the owner of the mobile home unit and the delinquent amount becomes
a lien on the mobile home unit rather than a lien on the parcel of
real estate on which the mobile home unit is located. A lien on a
mobile home unit may be enforced using the procedures under § 779.48(2),
Wis. Stats. This subsection does not apply to arrearages collected
using the procedure under § 66.0627, Wis. Stats.
D. Alternate procedure regarding rental dwelling units.
(1) The collection procedures under this Subsection regarding rental
dwelling units apply only if all of the following conditions are met:
(a)
Water or electric utility service is provided to a rental dwelling
unit;
(b)
The owner of the rental dwelling unit notifies the utility in
writing of the name and address of the owner;
(c)
The owner of the rental dwelling unit notifies the utility in
writing of the name and address of the tenant who is responsible for
payment of the utility charges; and
(d)
If requested by the utility, the owner of the rental dwelling
unit provides the utility with a copy of the rental or lease agreement
in which the tenant assumes responsibility for the payment of the
utility charges.
(2) If this subsection applies, the municipal utility may use the collection procedures in Subsection
B above to collect arrearages incurred after the owner of a rental dwelling unit has provided the utility with written notice under Subsection
D(1) above only if the City complies with at least one of the following:
(a)
In order to comply with this subsection, the municipal utility shall send bills for water or electric service to a customer who is a tenant in the tenant's own name. Each time that a municipal public utility notifies a customer who is a tenant that charges for water or electric service provided by the utility to the customer are past due for more than one billing cycle, the utility shall also serve a copy of the notice on the owner of the rental dwelling unit in the manner provided under § 801.14(2), Wis. Stats. If a customer who is a tenant vacates his/her rental dwelling unit, and the owner of the rental dwelling unit provides the municipal utility, no later than 21 days after the date on which the tenant vacates the rental dwelling unit, with a written notice that contains a forwarding address for the tenant and the date that the tenant vacated the rental dwelling unit, the utility shall continue to send past-due notices to the customer at his/her forwarding address until the past-due charges are paid or until notice has been provided pursuant to Subsection
B above.
(b)
In order to comply with this subsection, if a customer who is
a tenant has charges for water or electric service provided by the
utility that are past due, the municipal public utility shall serve
notice of the past-due charges on the owner of the rental dwelling
unit within 14 days of the date on which the tenant's charges became
past due. The municipal utility shall serve notice in a manner provided
in § 801.14, Wis. Stats.
(3) A municipal utility may demonstrate compliance with the notice requirements of Subsection
D(2)(a) or
(b) by providing evidence of having sent the notice by U.S. Mail.
(4) If this Subsection
D is applicable and a municipal utility is permitted to collect arrearages under Subsection
B above, the municipal utility shall provide all notices under Subsection
B to the owner of the property.
A. Pursuant to the authority of § 74.47(2), Wis. Stats., the
City hereby imposes a penalty of 0.5% 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 § 74.31,
Wis. Stats.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
B. This penalty of 0.5% 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 Amery to adopt a policy to insure continuous prudent
deposits and investments of available City funds. The City Council
of the City of Amery establishes the following policies in the public
interest for the deposit and investment of available City funds.
B. Public depositories.
(1) Depositories. The City 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 § 66.0603,
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 City Council.
(3) Deposits. The City Administrator/Clerk-Treasurer or designee shall
deposit public monies in the name of the City of Amery in such public
depositories designated by the City Council and subject to the limitations
hereinabove set forth.
[Amended 7-10-2019 by Ord. No. 15-2019]
(4) Withdrawals. Withdrawals or disbursements to the City Administrator/Clerk-Treasurer
or designee 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.
[Amended 7-10-2019 by Ord. No. 15-2019]
C. Investments.
(1) Management. Subject to the provisions of this policy, the City Administrator/Clerk-Treasurer
or his/her designee shall have control of and discretion in the investment
of all City funds that are not immediately needed and are available
for investment.
[Amended 7-10-2019 by Ord. No. 15-2019]
(2) Intent. It is the intent of the City Council that the City Administrator/Clerk-Treasurer
or his/her designee 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.
[Amended 7-10-2019 by Ord. No. 15-2019]
(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 or his/her designee 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, would exercise.
[Amended 7-10-2019 by Ord. No. 15-2019; at time of adoption of Code (see
Ch. 1, General Provisions, Art. II)]
D. Investment factors. The City Administrator/Clerk-Treasurer or his/her
designee is authorized and directed to utilize investment options
as set forth within these guidelines, and that the City Administrator/Clerk-Treasurer
or his/her designee shall take into consideration the following factors
which are listed in order of priority to the investment decision:
[Amended 7-10-2019 by Ord. No. 15-2019]
(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 City 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 or his/her designee
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 and 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 Amery. 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
U.S. 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
or his/her designee 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 moneys 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.
[Amended 7-10-2019 by Ord. No. 15-2019]
(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 and §§ 66.0603 and 66.0607, Wis. Stats. In
case of conflict, the state laws shall prevail.
A. Definitions. The words and phrases herein shall have the meaning
given by § 66.0615, Wis. Stats.
B. Tax imposed.
(1) A tax is hereby imposed on the privilege of furnishing, at retail,
except sales for resale, rooms or lodging to transients by hotelkeepers,
motel operators and other persons furnishing accommodations that are
available to the public, irrespective of whether membership is required
for use of the accommodations. This tax is not subject to the selective
sales tax imposed by § 77.52(2)(a)(1), Wis. Stats., and
may not be imposed on sales to the federal government or to persons
listed under § 77.54(9a), Wis. Stats.
(2) The tax rate shall be 5% of the rental price of the room.
[Amended 3-4-2009 by Ord.
No. 4-2009; [Amended at time of adoption of Code
(see Ch. 1, General Provisions, Art. II)]]
C. Use of revenue. At least 70% of the amount collected under this section
shall be spent by the City on tourism promotion and development.
D. Reports and records.
(1) Each person furnishing rooms or lodging subject to the tax created
herein shall report room occupancy, room rental charges, and the tax
due hereunder to the City Administrator/Clerk-Treasurer on a quarterly
basis. Information for January, February and March of each calendar
year shall be reported by April 15, with the tax due payable by that
date. Information for April, May and June of each calendar year shall
be reported by July 15, with the tax due payable by that date. Information
for July, August and September for each calendar year shall be reported
by October 15, with the tax due payable by that date. Information
for October, November and December of each calendar year shall be
reported by January 15, with the tax due payable by that date.
[Amended 7-10-2019 by Ord. No. 15-2019]
(2) Each person subject to collecting and/or paying the tax created herein
shall maintain written or electronic records used to calculate and
determine said tax, and said records shall be maintained for not less
than two years after the tax is due. The City shall have the right
to audit the same as provided by § 66.0615, Wis. Stats.
All information obtained by the City in enforcing collection of this
tax shall be confidential and not a public record. The information
may be disclosed to or used by persons using the information in the
discharge of duties imposed by state statute or local ordinance for
the duties of their office or by order of a court. Any persons violating
the confidentiality requirements of this subsection may be required
to forfeit not less than $100 nor more than $500.
(3) Any person who is subject to pay tax hereunder shall pay interest
thereon at the rate of 1% per month on the unpaid balance of any tax
not paid by its due date.
(4) The collection of this tax may be enforced by the means set forth
in § 66.0615, Wis. Stats. The City Council may, from time
to time, adopt and enact by ordinance a schedule of forfeitures for
use in enforcing collection of this tax, as provided by statute.
[Amended 1-4-2017 by Ord.
No. 2-2017; at time of adoption of Code (see Ch.
1, General Provisions, Art. II)]
[Adopted 10-6-2004 as
Title 3, Ch. 2, of the 2004 Code]
A. The City of Amery, by resolution of its City 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 out of the proceeds of
the special assessments. 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
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 City 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 or
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 City Council, copies thereof shall be forwarded by the City
Administrator/Clerk-Treasurer to the City Engineer. Upon receipt of
copy of such preliminary resolution, the City Engineer shall prepare
the report thereon.
[Amended 7-10-2019 by Ord. No. 16-2019]
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.
C. A copy of the report when completed shall be filed with the City
Administrator/Clerk-Treasurer for public inspection.
[Amended 7-10-2019 by Ord. No. 16-2019]
D. When the City 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 City 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 City 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 City 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 § 55-23C of this article, the City Administrator/Clerk-Treasurer
or City Engineer shall prepare a notice of hearing, which notice shall
comply with state law, and state the nature of the proposed 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 City 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 once 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. The hearing
shall commence not less than 10 days and not more than 40 days after
the publication or mailing of said notice.
[Amended 7-10-2019 by Ord. No. 16-2019]
B. Waiver of notice, assessments under. The Council may, without any
notice or hearing, levy and assess the 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 City Council may:
(1) Approve, disapprove, 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 City Council shall
assess only the difference between such assessment of benefits and
the award of compensation or damage.
C. If the work or improvement has not been previously authorized or
approved, the City 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. If the work or improvement has been
approved by the City Council or work commenced or completed prior
to the filing of the report or prior to the hearing, then the City
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 §
55-23 of this article.
[Amended 7-10-2019 by Ord. No. 16-2019]
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.
[Amended 7-10-2019 by Ord. No. 16-2019]
If more than a single improvement is undertaken, the City 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.
[Amended 7-10-2019 by Ord. No. 16-2019]
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 City Council determines to reconsider an assessment, it is empowered, after giving notice as required in §
55-26, to amend, cancel or confirm any prior assessment, and notice of this amending, canceling or confirming shall be given by the City Administrator/Clerk-Treasurer as provided in §
55-27 of this article.
If the cost of the work or improvement is less than the assessment
levied, the City 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
§ 66.0703(12), Wis. Stats., as amended, within 40 days of
the date of the final determination of the City 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.
[Amended 7-10-2019 by Ord. No. 16-2019]
(2) After grace period. 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 § 66.0703, Wis. Stats.,
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
City Council shall provide for the collection of such assessments
and may establish penalties for payment after the due date. The City
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 services may include, without limitation because of enumeration,
snow and ice removal, weed elimination, street sprinkling, oiling
and tarring, repair of sidewalks or curb and gutter, garbage and refuse
disposal, recycling, stormwater management, including construction
of stormwater management facilities, tree care, removal and disposition
of dead animals under § 60.23(20), Wis. Stats., loan repayment
under § 70.57(4)(b), Wis. Stats., soil conservation work
under § 92.115, Wis. Stats., and snow removal under § 86.105,
Wis. Stats.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
B. Payment. If the amounts due the City of Amery for the current services
are not paid within 20 days of the date of billing, the City Administrator/Clerk-Treasurer
or his/her designee shall send a notice of the delinquent bill to
the customer and to the property owner by mail.
[Amended 7-10-2019 by Ord. No. 16-2019]
C. Notice; hearing.
(1) The notice referred to in Subsection
B shall contain the following statement: "You are entitled to a hearing before the City Council of the City of Amery 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."
[Amended 7-10-2019 by Ord. No. 16-2019]
(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 City Council of the City of Amery.
[Amended 7-10-2019 by Ord. No. 16-2019]
(3) At the time of the hearing referred to in Subsection
C(2) above, the City Council shall hear all evidence brought before it concerning the correctness of the amount billed by the City of Amery in accordance with this ordinance. At the conclusion of this hearing, the City Council shall decide the amount due the City of Amery. All parties in attendance shall be notified of the Council's decision.
(4) If the amount determined to be due the City of Amery, 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 Amery by § 66.0627, Wis. Stats.
(5) If a hearing is not requested in accordance with this section, then the amount due the City of Amery 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 Amery by § 66.0703, Wis. Stats.
(6) This section shall not prevent the City of Amery 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 City Council such delinquent special charges, pursuant to §
55-32, 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
55-23A 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 City Council
may thereafter reassess such assessment or charge pursuant to the
provisions of any applicable law.
B. 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 City 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)
and (5), Wis. Stats. Special assessments to retire such bonds and
pay the interest thereon shall be levied under § 66.0703,
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.
A. Purpose. The purpose of this section shall be to declare the intent
of the City that all developed parcels of real estate within the corporate
limits of the City shall share in the cost of fire suppression services.
Insofar as the developed parcels of real estate in the City which
are connected to its municipal water system are currently assessed
a charge in connection with the provision of said water service, it
is deemed equitable to assess a charge against those developed parcels
of real estate which are, at any given time, hereinafter not connected
to and receiving municipal water service from the City.
B. Imposition of special charge. In accord with § 66.0627,
Wis. Stats., there is hereby created a special charge for current,
available service in the form of fire suppression and protection services
which are made available to each developed parcel of real estate located
within the corporate limits of the City, and which developed real
estate is not, prior to October 1 during the year for which the charge
is assessed, connected to and receiving water from the City's municipal
water utility. Said charge shall be billed quarterly and based on
the size of the meter associated with that lot. In the case of no
meter, there will be a base charge assessed. If not paid by November
16, said charge shall be automatically extended upon the current tax
roll as a tax upon the property.
[Amended 7-10-2019 by Ord. No. 16-2019]
C. Definitions. As used in this section, the following terms shall have
the meanings indicated:
DEVELOPED PARCEL OF REAL ESTATE
A lot or other parcel of real estate, duly created whether
by plat, certified survey or deed and upon which one principal structure
has been erected, built or placed.
PRINCIPAL STRUCTURE
A structure having a fixed or permanent location on the ground,
used by the owner or occupant of said property for the primary or
principal purpose to which the lot or parcel is devoted. Without limitation
by enumeration, said uses shall include residential, commercial, industrial
and institutional uses.