[Adopted as Title 3, Ch. 1, of the 1997 Code]
A.
There shall be a fee of $35 for processing checks made payable to
the City that are returned because of insufficient funds in the account
in question.
[Amended 12-9-2002; 6-10-2013]
B.
Collection costs and attorneys' fees shall be added to the principal
amounts of unpaid bills owed to the City that are placed with collection
agencies.
A.
Bond eliminated. The City of Brodhead elects not to give the bond
on the City Clerk-Treasurer in his or her capacity as provided for
by § 70.67(1), Wis. Stats.
A.
Departmental estimates. Annually, at a time specified by the Mayor,
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.
Preparation of proposed budget.
(1)
Mayor to prepare. The Mayor shall annually prepare and submit to
the Council a proposed budget presenting a financial plan for conducting
City affairs for the ensuing fiscal year.
(2)
Consideration of estimates. The 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 November 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.
(1)
The City Clerk-Treasurer shall submit to the Council at the time
the annual budget is submitted the draft of an appropriation ordinance
providing for the expenditures proposed for the ensuing fiscal year.
Upon the submission of the proposed appropriation ordinance to the
Council, it shall be deemed to have been regularly introduced therein.
(2)
A summary of such budget and notice of the time and place where such
budget and detail is available for public inspection and notice of
the time and place for holding the public hearing thereof shall be
published in the official newspaper of the City at least 15 days prior
to the time of such public hearing.
(3)
Not less than 15 days after the publication of the proposed budget
and the notice of hearing thereof, the public hearing shall be held
at the time and place stipulated, at which time any resident or taxpayer
of the City shall have an opportunity to be heard on the proposed
budget. The budget hearing may be adjourned from time to time.
(4)
A majority vote of the Common Council is required to adopt the proposed
budget, and a vote of 3/4 of the Council is necessary to adopt the
appropriations budget.
The Council may at any time, by a 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 10 days thereafter in the official newspaper
of the City.
No money shall be drawn from the treasury of the City, nor shall any obligation for the expenditure of money be incurred, except in pursuance of the annual appropriation in the adopted budget or when changed as authorized by § 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.
The Common Council shall designate the public depository or
depositories within this state within which City funds shall be deposited,
and when the money is deposited in such depository in the name of
the City, the City Clerk-Treasurer and bondsman shall not be liable
for such losses as are defined by state law. The Clerk-Treasurer shall
invest, and the interest arising therefrom shall be paid into the
City treasury.
A.
Payment of claims.
(1)
Payment of claims hereunder may be made from the City treasury after
the 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 Common Council;
(b)
That the item or service covered by such claim has been duly
authorized by the proper official, department head or board or commission;
(c)
That the item or service has been actually supplied or rendered
in conformity with such authorization;
(d)
That the claim is just and valid pursuant to law;
(e)
That the Clerk-Treasurer has the authority to pay claims up
to $2,500 or any routine claim ("routine" meaning three times or more
per year) without Council approval.
(2)
The Clerk-Treasurer may require the submission of such proof and
evidence to support the foregoing in his or her discretion as he or
she may deem necessary. The Clerk-Treasurer also has the right to
request Council approval on any claim.
B.
Report to the Common Council. The Clerk-Treasurer shall file with
the Common Council a list of the claims approved, showing the date
paid, name of claimant, purpose and amount.
The City Clerk-Treasurer may invest any City funds not immediately
needed, pursuant to §§ 66.0603(1m) and 219.05, Wis.
Stats.
In lieu of the personal signatures of the Mayor and 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 or she is otherwise subject, including the
unauthorized use thereof.
A.
The City Clerk-Treasurer or his or her deputies shall not receive
any money into the treasury from any source, except on account of
taxes levied and collected during the fiscal year for which he or
she may then be serving, without giving a receipt therefor in the
manner specified by the Common Council.
B.
Upon the payment of any money (except for taxes as herein provided),
the City Clerk-Treasurer or his or her deputies shall make out a receipt
in duplicate for the money so received. The Clerk-Treasurer or his
or her deputies shall charge the amount thereof to the treasury and
credit the proper account. The payment of the money to any receiving
agent of the City or to the City shall be safeguarded in such manner
as the Common Council shall direct.
The City Clerk-Treasurer and his or 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, 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 48 hours 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,
as set by resolution of the Common Council.
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.
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 Brodhead 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 Clerk-Treasurer shall keep a record of such employment and purchase
orders and shall charge them against the proper appropriation.
A.
FORMAL BID
INFORMAL QUOTATION
VERBAL QUOTATION FORM
Definitions. As used in this section, the following terms shall have
the meanings indicated:
[Amended 6-9-2008]
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.
An "informal bid" is a written request for quotation sent
to vendors. The informal quotation is used for the purchase of goods
and services in an amount $25,000 or less.
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.
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 $1,000 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 $25,000, pursuant to Subsection A above, shall be made by formal bid, unless exempted from it by action of the Common Council.
[Amended 6-9-2008]
(2)
Verbal quotations for goods and services shall be secured from at
least two qualified vendors, and the results of the quotations shall
be recorded on the memorandum of verbal quotation form and signed
by the person receiving the quotations.
(3)
Informal requests for written quotations shall be solicited from
at least three qualified bidders on the request for quotation form.
All written requests for quotations shall be issued by the 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 1 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 insure 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.
D.
Work performed by City. Upon authorization by the Common Council,
any class of public construction or any part of said public construction
may be done directly by the City without submitting same for bids.
[Amended 11-11-2002]
A.
In addition to other methods provided by law, it is hereby provided
that special charges for City services rendered may be levied in accordance
with the provisions of this section, which are hereby adopted pursuant
to § 66.0627, Wis. Stats.
D.
Delinquent water and electric service bills.[1]
(1)
If
the amount due to City utilities for water and electric service is
not paid when due, the City utilities shall send a notice of the delinquent
bill to the customer and to the property owner. 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.
(2)
On October 15 in each year, notice shall be given to both the owner
and the occupant if different from the owner of all lots or parcels
of real estate to which water or electric service has been furnished
prior to October 1 by the City of Brodhead Water and Light Commission
and payment for which is owing and in arrears at the time of giving
such notice. The City of Brodhead Water and Light Commission shall
furnish the Clerk-Treasurer with a list of all such lots or parcels
of real estate, and the notice shall be given directly by the City
of Brodhead Water and Light Commission. Such notice shall be in writing
and shall state the amount of such arrears, including any penalty
assessed pursuant to the rules of the City of Brodhead Water and Light
Commission; that, unless the same is paid by November 1 thereafter,
a penalty of 10% of the amount of such arrears will be added thereto;
and that, unless such arrears, with any such added penalty, shall
be paid by November 15 thereafter, the same will be levied as a tax
against the lot or parcel of real estate to which water or electric
service was furnished and for which payment is delinquent as above
specified. Such notice will be served by delivery to both such owner
and to occupant if different from the owner at the post office address
of such lot or parcel of real estate, and if the owner has a different
address, at the owner's address as well.
E.
Amount to become lien; disputed charges.
(1)
If the amount determined to be due to the City is not paid by November 15, then this amount shall become a lien upon the real estate served by the services referred to in Subsection B(1) through (4). This shall be accomplished pursuant to the power granted to the City of Brodhead by § 66.0627, Wis. Stats.
(2)
On November 16, the City of Brodhead Water and Light Commission as
the department issuing the notice shall certify and file with the
Clerk-Treasurer a list of all lots or parcels of real estate, giving
the legal description thereof, to the owners and occupants of which
notice of arrears in payment were given as above specified and which
arrears still remain unpaid, and stating the amount of such arrears,
together with the added penalty thereon as herein provided. Each such
delinquent amount, including such penalty, shall thereupon become
a lien upon the lot or parcel of real estate to which the water or
electric service was furnished and payment for which is delinquent,
and the Clerk-Treasurer shall insert the same as a tax against such
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 shall apply to said tax if the same is not paid within
the time required by law for payment of taxes upon real estate.[2]
(3)
The owner or occupant may, within 10 days of the date such notice
is sent, request a hearing relating to any charge disputed. Such a
request for hearing shall be in writing and shall be filed with the
City Clerk-Treasurer. No such charge shall be placed upon the tax
roll if a properly filed request for hearing is pending until such
time as a decision from the hearing is rendered. All hearings shall
be held by the City of Brodhead Water and Light Commission within
30 days of the request.[3]
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 applicable county for purposes of collection under § 74.42,
Wis. Stats.
[Amended 11-11-2002[1]]
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. It is in the interest of the City of Brodhead to adopt a
policy to insure continuous prudent deposits and investments of available
City funds. The Common Council of the City of Brodhead establishes
the following policies in the public interest for the deposit and
investment of available City funds.
B.
Public depositories.
(1)
Depositories. The Common Council shall, by ordinance or resolution,
designate one or more public depositories, organized and doing business
under the laws of this state or federal law, and located in Wisconsin,
in which the City Clerk-Treasurer shall deposit all public monies
received by him or her.
(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.
(3)
Deposits. The City Clerk-Treasurer shall deposit public monies in
the name of the City of Brodhead in such public depositories designated
by the Common Council and subject to the limitations hereinabove set
forth.
(4)
Withdrawals. Withdrawals or disbursements by the City Clerk-Treasurer
of monies deposited in a public depository shall be made as provided
by § 66.0607(1) to (5), Wis. Stats. The City Clerk-Treasurer
is authorized, at his or her discretion, to process periodic payments
through the use of money transfer techniques as set forth in § 66.0607(3m),
Wis. Stats.
C.
Investments.
(1)
Management. Subject to the provisions of this policy, the City Clerk-Treasurer
shall have control of and discretion in the investment of all City
funds that are not immediately needed and are available for investment.
(2)
Intent. It is the intent of the Common Council that the City Clerk-Treasurer
utilize a wise and prudent cash management system within the level
of his or her expertise in such a manner to insure maximum investment
earnings, while at the same time be able to respond promptly to authorized
expenditures. Safety, liquidity and yield will be the prime requisites
for the investment of City funds.
(3)
Scope. This policy is limited in its application to funds which are
not immediately needed and are available for investment. Other funds,
the investment of which is subject to special federal and/or state
laws and regulations, shall be invested in accordance with such laws
and regulations to the extent they may be inconsistent with the provisions
of this policy.
(4)
Responsibility. In exercising his or her investment responsibilities,
the City Clerk-Treasurer shall exercise the care, skill, prudence
and diligence under the circumstances then prevailing that a prudent
person acting in a similar capacity, having the same resources, and
familiar with like matters in the management of a similar activity,
with a like purpose.
(5)
Investments. The investment of City funds shall be in accordance
with §§ 34.01(5) and 66.0603, Wis. Stats., as follows:
(a)
Certificates of deposit. City funds may be invested in certificates
of deposit maturing within one year or less from the date of investment
issued by any banks, savings-and-loan associations or credit unions
which are authorized to transact business in the State of Wisconsin.
The financial institutions must have been designated as a public depository
of the City by resolution or ordinance of the Common Council.
(b)
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.
(c)
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.
(d)
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 safekeeping in a segregated account in the City's
name at any designated public depository or approved financial institution.
(e)
Wisconsin investment trust. City funds may be invested in the
Wisconsin Investment Trust without restrictions as to the amount of
deposit or collateralization.
(f)
Savings deposit. City funds may be temporarily invested in savings
deposits.
(g)
Securities. In accordance with 1987 Wisconsin Act 399, the City
Clerk-Treasurer may invest in private securities which are senior
to, or on a parity with, a security of the same issuer which is rated
highest or second highest by Moody's Investors Service, Standard
& Poor's Corporation or other similar nationally recognized
rating agency.
D.
Miscellaneous.
(1)
Liability. Notwithstanding any other provision of law, the City Clerk-Treasurer
who deposits public monies in any public depository, in compliance
with § 34.05, Wis. Stats., is, under the provisions of § 34.06,
Wis. Stats., relieved of any liability for any loss of public monies
which results from the failure of any public depository to repay to
the public depositor the full amount of its deposits, thus causing
a loss as defined in § 34.01(2), Wis. Stats.
(2)
Definitions. Words or phrases shall, insofar as applicable, have
the meanings set forth in § 34.01, Wis. Stats., as amended.
(3)
Conflicts. This section is enacted in accordance with the provisions
of Ch. 34 and §§ 66.04 and 66.0607, Wis. Stats. In
case of conflict, the state laws shall prevail.
A.
Requirement. Whenever an application to the City for an action by
the City requires a public hearing on the application, the applicant
shall be charged a fee to cover the costs of publishing a legal notice
of such hearing.
B.
Payment. Such fee shall be paid by the applicant to the City Clerk-Treasurer
at such time as the application is filed. The payment of such a fee
shall be a prerequisite to any action being taken on said application
by the City of Brodhead.
C.
Fee amount. Unless specifically prescribed elsewhere, the amount
of the fee for those applications requiring a first-class public hearing
notice and for those applications requiring a second-class public
hearing notice and for those applications requiring a third-class
public hearing notice shall be as set by resolution of the Common
Council.
[Amended 12-9-2002[1]]
