[Adopted 10-5-1995 as
Title 3, Ch. 1, of the 1995 Code]
A.
Processing fee. There shall be a fee in an amount as set by the Common
Council for processing checks made payable to the City of Colby that
are returned because of insufficient funds in the account in question.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
B.
Collection costs. 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.
Purpose. Section 70.67(1), Wis. Stats., requires that the Municipal
Treasurer shall, unless exempt as provided in said section, execute
and deliver to the County Treasurer a bond, with sureties, to be approved
by the County Treasurer, conditioned for the faithful performance
of the duties of the office, and that the Treasurer will account for
and pay over according to law all taxes of any kind which are received
and which are required to be paid to the County Treasurer. The statute
further provides that such a surety bond need not be filed if the
governing body shall by ordinance obligate the municipality to pay,
in case the Clerk-Treasurer thereof shall fail to do so, all taxes
of any kind required by law to be paid by such Treasurer to the County
Treasurer. The Common Council has determined that the official bond
required of the Municipal Treasurer is sufficient to protect the interests
of the City.
B.
Exemption from filing. The City of Colby Clerk-Treasurer is hereby
exempted from filing an additional surety bond under the provisions
of § 70.67, Wis. Stats., conditioned for the faithful performance
of his duties of the office and that he will account for and pay over
according to law all taxes of any kind which are received and which
are to be paid over to the County Treasurer. The required fidelity
or surety bond required of all municipal treasurers is deemed to be
sufficient protection for the City of Colby.
A.
Departmental estimates. When requested by the Mayor on or before
September 1 of each year, each officer, department, board and committee
shall file with the City 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.
Consideration of estimates. The Mayor, with the assistance of the
City Clerk-Treasurer, shall consider such departmental estimates in
consultation with the department head and recommend to the Common
Council a budget amount for such department or activity.
C.
Proposed budget. On or before October 1, the Mayor shall prepare
and submit to the Common Council a proposed budget presenting a financial
plan for conducting the affairs of the City for the ensuing calendar
year. The budget shall include 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 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 Clerk-Treasurer during regular
office hours.
E.
Hearing; vote requirements.
(1)
A summary of such budget and notice of the time and place where such
budget and detail are 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.
(2)
Not less than 15 days after the publication of the proposed budget
and the notice of hearing thereon, the public hearing shall be held
at the time and place stipulated, at which time any resident or taxpayer
of the City shall have an opportunity to be heard on the proposed
budget. The budget hearing may be adjourned from time to time.
(3)
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.
[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 of Colby, 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 § 58-4 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.
A.
Public depositories designated. The Common Council by resolution
shall designate the public depository or depositories within this
state in which City of Colby public funds shall be deposited, and
when monies are deposited in such depositories in the name of the
City of Colby, the City Clerk-Treasurer and bondsmen shall not be
liable for such losses as are defined by state law. The interest arising
therefrom shall be paid into the City treasury.
B.
Security and collateralization of depository funds.
(1)
A maximum of $500,000 in City funds may be deposited at any one time
in any authorized depository, except as otherwise provided herein.
(2)
Pursuant to state law, designated public depositories may be required
to pledge U.S. Treasury Notes or provide a surety bond or other security,
including an irrevocable letter of credit issued by a federal home
loan bank, state bank, national bank, federal or state savings bank,
federal or state credit union, or federal or state savings and loan
association, for any public deposits that exceed the amount of deposit
insurance provided by an agency of the United States and the coverage
provided under § 34.08(2), Wis. Stats. When U.S. Treasury
Notes are pledged, such notes shall be equal in amount to any uninsured
balance of the City's deposit.
A.
Payment of claims. In addition to, and in lieu of the other methods
provided by statute for the payment of claims against the City, financial
claims against the City may be paid from the City treasury after the
City Clerk-Treasurer shall have audited and approved each such claim
as a proper charge against the treasury and shall have endorsed his/her
approval thereon, after having determined that the following conditions
have been complied with:
(1)
That funds are available therefor, pursuant to the budget approved
by the Council;
(2)
That the item or service covered by such claim has been duly authorized
by the proper official, department head, or board or commission;
(3)
That the item or service has been actually supplied or rendered in
conformity with such authorization;
(4)
That the claim is just and valid, pursuant to law. The City Clerk-Treasurer
may require the submission of such proof and evidence to support the
foregoing as in his discretion he may deem necessary.
B.
Common Council to audit accounts.
(2)
After auditing, the Common Council shall cause to be endorsed by the City Clerk-Treasurer, on each account, the words "allowed" or "disallowed," as the fact is, adding the amount allowed or specifying the items or parts of items disallowed. If the Common Council shall approve the same, it shall direct the City Clerk-Treasurer to issue a City order for the amount of the claim approved. All money paid out of the City treasury shall be paid upon an order signed by the Mayor and countersigned by the City Clerk-Treasurer, except that payments of regular wages or salaries shall be as provided in Subsection C below. The minutes of the proceedings of the Council or a statement attached thereto shall show to whom, and for what purpose, every such account was allowed and the amount.
(3)
Recurring, routine bills (i.e., utility bills, etc.) received mid-month
may be paid by the Clerk-Treasurer, particularly when penalties would
be incurred for late payment if the regular procedures of this subsection
were followed.
C.
Payment of regular wages or salaries. Regular wages or salaries of
City officers and employees shall be paid by payroll, verified by
the proper City official, department head, board or commission and
filed with the City Clerk-Treasurer in time for payment on the regular
pay day.
The City Clerk-Treasurer may invest any City funds not immediately
needed, pursuant to §§ 66.0603(1m) and 219.05, Wis.
Stats.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
In lieu of the personal signatures of the Mayor and City Clerk-Treasurer,
there may be affixed on order checks the facsimile signatures of such
persons adopted by them and approved by the Common Council, but the
use of the facsimile signature shall not relieve such official from
any liability to which he is otherwise subject, including the unauthorized
use thereof.
A.
The City Clerk-Treasurer or his deputies shall not receive any money
into the treasury from any source except on account of taxes levied
and collected during the fiscal year for which 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 Clerk-Treasurer or his deputies shall make out a receipt
in duplicate for the money so received. The Clerk-Treasurer or his
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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
The City Clerk-Treasurer is authorized to prepare a "Statement
of Real Property Status" form to be used to provide information often
requested for transfers of real property, such as the amount of outstanding
special assessments, deferred assessments, changes in assessments,
amount of taxes, outstanding water and sewer bills, current water
and sewer bills, contemplated improvements, floodplain status, violations
of the 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 for compiling
such information, plus an additional fee for facsimile transmissions,
in amounts as set by the Common Council.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
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
first day of October. Bills not paid on or before the first day of
October shall have added to the total amount due 1 1/2% of said
charges, which 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 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 Clerk-Treasurer, include the City 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 Colby 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 or its authorized designee. 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 Clerk-Treasurer shall keep a record of such employment and purchase
orders and shall charge them against the proper appropriation.
Except for state-mandated bidding items, the following bid solicitation
procedures shall be followed by the City:
A.
Definitions.
(1)
Verbal quotation form. The City may solicit verbal quotations on
items the City purchases which are $25,000 or less. The results of
the verbal quotations are recorded on a memorandum of verbal quotation
form.
(2)
Informal quotation. An informal quotation is a written request for
quotation sent to vendors. The informal quotation may be used for
the purchase of goods and services in an amount $25,000 or less.
(3)
Formal bid. The formal bid procedure is used for purchasing goods
and services in an amount over $25,000, and in some instances in amounts
less than this amount. The formal bid procedure requires a legal public
notice and contains detailed, written specifications regarding the
goods and services to be purchased and a number of specific conditions
associated with the purchase.
B.
Bid solicitation.
(1)
Competitive bids or quotations may be obtained before contracting to purchase articles, goods, wares, material, services or merchandise which amount in bulk to more than $1,000. Purchases up to $500 may be made by either telephone quotations, informal written quotations or formal bid. Purchases from $1,000 to and including $25,000 shall be made by written quotation, telephone quotation or formal bid. Purchases over $1,000, pursuant to Subsection A above, shall be made by formal bid unless exempted from it by action of the Common Council.
(2)
Verbal quotations, when used, for goods and services shall be secured
from at least two qualified vendors and the results of the quotations
shall be recorded on the "Memorandum of Verbal Quotation" form and
signed by the person receiving the quotations.
(3)
Informal requests for written quotations, when used, shall be solicited
from at least three qualified bidders on the request for quotation
form. All written requests for quotations shall be issued by the City
Clerk-Treasurer and returned to and analyzed by the City Clerk-Treasurer.
Informal requests for written quotations may also be solicited by
telephone. Vendors shall be given a reasonable time to respond to
the request for an informal, written quotation and shall be given
clear, concise specifications and informal bidding instructions to
facilitate competitive bidding.
(4)
When a formal bid is required or deemed to be in the best interests
of the City, the bidding procedure shall follow the legal requirements
associated with a Class One notice under state statute and the procedures
normally associated with the formal bid proposal.
(5)
The formal bid proposal will contain at least the following information:
(a)
The bid number.
(b)
A detailed description of the goods and services required, including
enough information about the items or services required so that more
than one vendor can meet the specifications.
(c)
The time, date and place the bids will be opened.
(d)
The address to which the bids shall be mailed or delivered.
Instructions to bidders shall include such information as delivery
dates, transportation charges, proposal prices, conditions for guaranteeing
the proposal, payment terms, right of rejection of proposals, right
to reject merchandise, insurance requirements, alternative proposal
consideration, tax information and other appropriate information regarding
the awarding and execution of the contract and contract considerations.
(e)
The bid proposal shall also include a section on special provisions,
including guarantees and service considerations, trade-in considerations
and other information relating to special conditions.
(6)
Specifications for all items purchased shall be developed with the
full involvement and participation of the using departments. However,
the City Clerk-Treasurer shall ensure that the specifications are
sufficiently broad enough that competition in the bidding process
is preserved.
C.
Blanket purchase orders.
(1)
Upon authorization by the Common Council, the City Clerk-Treasurer
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.
All public improvements constructed with municipal funds are carried
out through contract awarded to the lowest responsible bid according
to the requirement of Wisconsin Statutes.
B.
Major equipment purchases are made from the lowest responsible bidder
following public advertisement and distribution of specifications.
C.
Common materials and supplies are purchased from the most price-advantageous
source following bids or price quotations usually secured through
unpublicized solicitation of more than two sources.
D.
The City of Colby is an equal opportunity employer. In accordance
with Section 3 of the Housing and Urban Development Act of 1968, as
amended, to the greatest extent feasible, opportunities for training
and employment shall be given to lower-income residents of the project
area, and contracts in connection with the project shall be awarded
to business concerns located in, or owned in substantial part by residents
of, the project area.
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 § 66.0809, Wis. Stats.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
B.
Delinquent utility bills and service charges shall be levied as a
special assessment against the real property, shall become a lien
thereon and shall be 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 Colby
and the City public utilities shall be paid within 20 days of the
date of billing:
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 mail.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
F.
The notice referred to in Subsection D shall contain the following statement:
|
You are entitled to a hearing before the Common Council, or
committee thereof, of the City of Colby to dispute the amount of this
charge. You must request this hearing by notifying the City Clerk-Treasurer
in writing within 10 days of the date of this notice.
|
G.
The notice sent by mail referred to in Subsection E shall contain the following statement:
|
You are entitled to a hearing before the Common Council, or
committee thereof, of the City of Colby to dispute the amount of this
charge. You must request this hearing by notifying the City Clerk-Treasurer
in writing within 10 days of the date of this notice.
|
I.
At the time of the hearing referred to in Subsection H, the Common Council, or committee thereof, shall hear all evidence brought before it concerning the correctness of the amount billed by the City of Colby in accordance with this section. At the conclusion of this hearing, the Common 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 Colby by § 66.0809, Wis. Stats.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
K.
If a hearing is not requested in accordance with this section, the amount due the City of Colby 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.
Penalty. 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.
B.
Application of penalty. 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.
PUBLIC CONTRACT
RESPONSIBLE BIDDER
Definitions. As used in this section the following terms shall have
the meanings set forth below:
A contract for the construction, execution, repair, remodeling
or improvement of any public work or building of a municipality or
for the furnishing of materials or supplies.
A person or company who, in the judgment of the Common Council,
is financially responsible and has the capacity and competence to
faithfully and responsibly comply with the terms of the public contract.
B.
Public works projects. All contracts for public construction shall
be let by the Common Council pursuant to § 62.15, Wis. Stats..
The Common Council, or person or body designated by the Common Council,
shall exercise the powers and duties of a board of public works under
§ 62.15, Wis. Stats.
C.
Notice or advertisement for bids.
(1)
Public contracts of more than $25,000. Except as provided in Subsections D and E below, the City may not enter into a public contract unless the Common Council, or a City official or employee designated by the Common Council, advertises for proposals to perform the terms of the public contract by publishing a Class 2 notice under Ch. 985, Wis. Stats. The Common Council may provide for additional means of advertising for bids. Per the definition of "public contract" in Subsection A above, this advertising requirement does not apply to the purchase of equipment; it applies only to public works and the purchase of materials and/or supplies expected to cost more than $25,000.
(2)
Public contracts of $5,000 to $25,000. The City may enter into a
public contract with an estimated cost of more than $5,000 but not
more than $25,000 only if the Common Council, or a City official or
other person designated by the Common Council, first gives a Class
1 notice under Ch. 985, Wis. Stats., before execution of that public
contract. This notice requirement shall not apply to public construction
if the project materials are donated or if the labor for such project
is provided by volunteers.
D.
Contracts to lowest responsible bidder; donated improvements. The Common Council shall let a public contract for which advertising for bids or proposals is required under Subsections B and C above to the lowest responsible bidder most advantageous to the City of Colby. Section 66.0901, Wis. Stats., applies to public contracts under this section. Per § 62.15(1e), Wis. Stats., construction by a private person of an improvement which is donated to the City after completion of construction is exempt from municipal public construction bidding requirements.
[Amended 12-4-2018 by Ord. No. 2018-16]
E.
Exceptions for emergencies. This section and § 62.15(1),
Wis. Stats., are optional with respect to public contracts for the
repair and construction of public facilities when damage, or threatened
damage, to the facility creates an emergency, as declared by resolution
of the Common Council, that endangers the public health or welfare
of the City.
F.
Construction by the City. Any class of public construction may be
done directly by the City without submitting the same for bids, provided
that the same is authorized by a vote of 3/4 of all members-elect
of the Common Council. This exemption only applies where City employees
perform the actual project work. Pursuant to § 66.0901(11)(b),
Wis. Stats., the City shall not use City employees on a project for
which a private party is financially responsible.
A.
Statement required of purpose. Section 70.47(8), Wis. Stats., authorizes
the Board of Review to consider requests from a property owner, or
the property owner's representative, to appear before the Board of
Review under oath by telephone or to submit a written statement under
oath to the Board of Review.
B.
Procedures.
(1)
In order for a property owner, or property owner's representative,
to submit a request to testify by telephone or submit a sworn written
statement, he/she must first comply with the following steps:
(2)
After both requirements prescribed under Subsection B(1)(a) and (b) above have been satisfied, a request to testify by telephone or to submit a sworn written statement at Board of Review (PA-814) may be submitted to the City Clerk-Treasurer. Such request(s) must be submitted in time to be considered by the Board of Review at the first meeting of such Board.
C.
Criteria to be considered. The Board of Review may consider any or
all of the following factors when determining whether to grant or
deny the request:
(1)
The requester's stated reason(s) for the request as stated on Form
PA-814.
(2)
Fairness to the parties involved.
(3)
Ability of the requester to procure in person oral testimony and
any due diligence exhibited by the requester in procuring the testimony.
(4)
Ability to cross-examine the person providing the testimony.
(5)
The Board of Review's technical capability to honor the request.
(6)
Any other factors which the Board of Review deems pertinent to deciding
the request.
D.
Disabled or ill parties. The Board of Review shall hear by telephone,
upon oath, all disabled or ill persons who present to the Board of
Review a letter from a physician, osteopath, physician assistant or
advanced practice nurse prescriber that confirms their illness or
disability.
A.
Purpose. The Common Council of the City of Colby has authorized at
various times the using of the City of Colby's professional staff
or consultants to help various private parties resolve issues involving
street and highway access questions, property line disputes, non-zoning
or non-land division matters concerning property and other matters
of concern to property owners and residents in the City of Colby.
While it may be in the public interest to assist property owners and
residents with such matters, it is not equitable for the other taxpayers
in the City to have to absorb these professional fees where the fees
were incurred to benefit specific landowners or private parties.
B.
Fees of City professionals charged back. Whenever either the Common
Council, City Clerk-Treasurer or other City official has authorized
a property owner in the City of Colby or a private party to contact
the City Attorney, City Engineer or any other of the City's professional
staff or the Common Council, City Clerk-Treasurer or other City official
contacts said City Attorney, City Engineer or any of the City's professional
staff or a property owner contacts the City Attorney, City Engineer
or any other of the City's professional staff, if said contact results
in a charge to the City of Colby for that professional's time and
services and said service is not a service supplied to the City of
Colby as a whole, then and in that event the City Clerk-Treasurer
shall, pursuant to the provisions of § 66.0627, Wis. Stats.,
charge that service to said property owner for the fees incurred by
the City.
C.
Property owner allowed time to pay.
(1)
The City Clerk-Treasurer shall give each property owner or private
party billed for professional or current services as provided for
herein a period of time not to exceed 30 days to pay, and thereafter
if that charge remains unpaid, the City Clerk-Treasurer shall charge
that delinquent bill against the current or next tax roll as a special
charge or delinquent tax against the property as provided by law.
In the event the statement rendered to the property owner or the time
given for the property owner to pay is too late in the current year
for the charge, when it becomes delinquent, to be extended on that
year's tax roll, then the delinquent charge shall be extended to the
following year's tax roll.
(2)
In the alternative, the City may require prepayment for such professional
assistance.
D.
Fees charged for permits issued to municipalities, agencies or other
governmental organizations. Whenever it is requested that the City
of Colby grant approvals to any other municipality, agency or other
governmental body and that permit process requires the assistance
of the professional staff of the City, those fees shall be charged
back to the municipality, agency or governmental body seeking the
permit.
