[Adopted 4-3-2000 by Ord. No. 2000-2 as Title 3, Ch. 1,
of the 2000 Code]
A.
Content of tax roll. Pursuant to § 70.65, Wis. Stats.,
the Village Clerk shall prepare a tax roll and include the
required contents as described in § 70.65, Wis. Stats.
[Amended 12-16-2019 by Ord. No. 2019-18]
B.
Property tax collection. All provisions of Ch. 74, Wis. Stats., in
regards to property tax collection are adopted and by reference made
a part of this article with the same force and effect as though set
out in full.
[Amended 12-16-2019 by Ord. No. 2019-18]
A.
Bond eliminated. The Village of East Troy elects not to give the
bond on the Village Treasurer, in his/her capacity as Treasurer, as
provided for by § 70.67(1), Wis. Stats.
B.
Village liable for default of Treasurer. Pursuant to § 70.67(2),
Wis. Stats., the Village shall be obligated to pay, in case the Village Treasurer acting
as Treasurer shall fail to do so, all state and county taxes required
by law to be paid by such Treasurer to the County Treasurer.
A.
Departmental estimates. On or before September 15 of each year, each
officer and department head shall annually file with the Village Treasurer
and Village Administrator an itemized statement of disbursements
made to carry out the powers and duties of such officer or department
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 or department 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 Village Treasurer and shall be designated as "Departmental
Estimates" and shall be as nearly uniform as possible for the main
division of all departments.
[Amended 12-16-2019 by Ord. No. 2019-18]
B.
Consideration of estimates. The Village Treasurer and Village
Administrator shall consider such departmental estimates in consultation
with the department head and develop a budget amount for such department
or activity.
[Amended 12-16-2019 by Ord. No. 2019-18]
C.
Form of proposed budget. On or before October 20 of each year, the
Village Administrator with the assistance of the Village Treasurer shall
prepare and submit to the Village Board a proposed budget of the Village
for the ensuing fiscal year. The proposed budget shall include:
[Amended 12-16-2019 by Ord. No. 2019-18]
(1)
The actual expenditures of each department and activity for the expired
portion of the current year, and last preceding fiscal year, and the
estimated expense of conducting each department and activity of the
Village for the remainder of the current year and ensuing fiscal year,
with reasons for any proposed increase or decrease as compared with
actual and estimated expenditures for the current year.
(2)
An itemization of all anticipated income of the Village from sources
other than general property taxes and bonds issued, with a comparative
statement of the amounts received by the Village 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)
All existing indebtedness of the Village, including the amount of
interest payable and principal to be redeemed on any outstanding general
obligation bonds of the Village and any estimated deficiency in the
sinking fund of any such bonds during the ensuing fiscal year.
(5)
Such other information as may be required by the Board and by state
law.
D.
Copies of budget. The Village 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 Village Treasurer during
regular office hours.
[Amended 12-16-2019 by Ord. No. 2019-18]
E.
Report and hearing.
(1)
The Village Administrator and Treasurer, with the assistance
of the Village Clerk, shall submit to the Village Board, at the time
the annual budget is submitted, the draft of an appropriation ordinance
providing for the expenditures proposed for the ensuing fiscal year.
On submission of the proposed appropriation ordinance to the Village
Board, it shall be deemed to have been regularly introduced to the
body. The ordinance and supplementary reports shall include the estimated
cost of improvements as well as the estimated cost of operating the
various departments and all other costs, including interest charges,
for which money will have to be raised by taxation during the following
year.
[Amended 12-16-2019 by Ord. No. 2019-18]
(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 thereon shall be
published in a newspaper of general circulation in the Village or
legally posted 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 thereon, the public hearing shall be held
at the time and place stipulated, at which time any resident or taxpayer
of the Village shall have an opportunity to be heard on the proposed
budget. The budget hearing may be adjourned from time to time. Following
the public hearing, the proposed appropriation ordinance may be changed
or amended and shall take the same course in the Village Board as
other ordinances.
The amount of the tax to be levied or certified, the amounts
of the various appropriations, and the purposes thereof shall not
be changed after approval of the budget, except upon the recommendation
of the Village President and upon a two-thirds vote of the entire
membership of the Village Board. Notice of such transfer shall be
given by publication within 10 days thereafter in the official Village
newspaper.
No money shall be drawn from the treasury of the Village, nor shall any obligation for the expenditure of money be incurred, except in pursuance of the annual appropriation in the adopted budget or when changed as authorized by § 52-4 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 Board, to be paid out of the income of the current year, in furtherance of improvements or other objects or works which will not be completed within such year, and any such appropriation shall continue in force until the purpose for which it was made shall have been accomplished or abandoned.
The calendar year shall be the fiscal year.
The Village Board shall designate the public depository or depositories
within the state within which Village funds shall be deposited, and
when the money is deposited in such depository in the name of the
Village, Village officials and bondsmen shall not be liable for such
losses as are defined by state law. The interest arising therefrom
shall be paid into the Village treasury.
A.
Village Board to audit accounts. Except as provided in Subsection C,
no account or demand against the Village shall be paid, except budgeted
items which are equal to or under the budget amount, until it has
been audited by the Village Board and an order drawn on the Village Treasurer therefor.
Every such account shall be itemized. Every such account or demand
allowed in whole or in part shall be filed by the Village Treasurer,
and those of each year shall be consecutively numbered and have endorsed
thereon the number of the order issued in payment.
[Amended 12-16-2019 by Ord. No. 2019-18]
B.
Claims to be verified. All accounts, demands or claims against the
Village shall be verified by the claimant or proper official.
C.
Payment of regular wages or salaries. Regular wages or salaries of
Village officers and employees shall be paid by payroll, verified
by the proper Village official, department head, board or commission
and filed with the Village Treasurer in time for payment
on the regular pay day.
[Amended 12-16-2019 by Ord. No. 2019-18]
[Amended 12-16-2019 by Ord. No. 2019-18]
The Village Treasurer may invest any Village funds
not immediately needed, pursuant to §§ 66.0603(1m)
and 219.05, Wis. Stats.
[Amended 6-15-2015 by Ord. No. 2015-02; 12-16-2019 by Ord. No. 2019-18]
A.
The Village Treasurer and 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 they may
then be serving, without recording the transaction therefor in the
manner specified by the Village Board.
B.
Upon the payment of any money (except for taxes as herein provided),
the Village Treasurer shall ensure there is a record for
the money so received. The Village Treasurer shall charge the amount
thereof to the treasury and credit the proper account. The payment
of the money to any receiving agent of the Village or to the Village
Treasurer shall be safeguarded in such manner as the Village
Board shall direct.
[Amended 6-15-2015 by Ord. No. 2015-02; 12-16-2019 by Ord. No. 2019-18]
The Village Clerk and his/her designees 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, outstanding
citations on building code violations and similar information. Any
such information sought shall be provided to the person requesting
it on said form. Requests for statements of real property status shall
be made to the Village Clerk a minimum of one business day
in advance. A fee set by the Village Board shall be charged for compiling
this information.
A.
Adoption of city bidding procedures. All contracts for public construction
shall be let by the Village Board in accordance with § 62.15,
Wis. Stats. The Village Board, or a person or body designated by the
Village Board, shall exercise the powers and duties of the Board of
Public Works under § 62.15, Wis. Stats.
[Amended 6-15-2015 by Ord. No. 2015-02]
B.
Construction by the Village. Any class of public construction may
be done directly by the Village without submitting the same for bids,
provided that the same is authorized by a vote of 3/4 of all members
of the Village Board.
[Added 1-4-2021 by Ord. No. 2021-01]
A.
CONTRACTOR
PUBLIC CONSTRUCTION CONTRACT
Definitions. In this section, the following definitions shall apply:
A person, corporation, partnership, or any other business
entity that performs work on a public construction contract as a general
contractor, prime contractor, or subcontractor at any tier.
A contract for the construction, alteration, execution, repair,
remodeling or improvement of a public work or building, or for the
furnishing of supplies or materials of any kind, proposals for which
are required to be bid pursuant to §§ 61.54 and 62.15,
Wis. Stats.
B.
Requirements of bidder. As a condition of performing work on a public
construction contract for the Village of East Troy, a contractor shall
first be prequalified by the Village in accordance with the provisions
of this section. All contractors for public construction projects
are required to submit a full and complete statement, in the form
of a questionnaire approved by the Village Board, sworn to before
an officer authorized by law to administer oaths, attesting to the
competency and responsibility of a bidder to complete public construction
projects. The statement shall include evidence of the following:
(1)
The contractor maintains a permanent place of business.
(2)
The contractor is authorized to do business in the State of
Wisconsin.
(3)
The contractor, agent, partner, employee or officer of the contractor
is not debarred, suspended, proposed for debarment or declared ineligible
from contracting with any unit of federal, state or local government.
(4)
The contractor is in compliance with provisions of Section 2000e
of Chapter 21, Title 42 of the United States Code and Federal Executive
Order No. 11246 as amended by Executive Order No. 11375 (known as
the "equal opportunity employer" provisions).
(5)
The contractor has general liability, workers' compensation,
and automobile and unemployment insurance.
(6)
The contractor has complied with all provisions of any prevailing
wage laws and federal Davis-Bacon related acts, and the rules and
regulations therein, for projects undertaken by the contractor that
are covered by these laws, for the past 10 years.
(7)
The contractor has adequate financial resources to complete
the public construction project, as well as all other work the bidder
is presently under contract to complete.
(8)
The contractor has adequate equipment to complete the public
construction project.
(9)
The contractor has adequate skill, judgment, experience and
resources to capably complete the public construction project.
(10)
The contractor has a written substance abuse prevention program
meeting the requirements of § 103.503, Wis. Stats.
(11)
The employees who will perform work on the public construction
project are properly classified as employees or independent contractors
under all applicable state and federal laws.
(12)
The contractor has not been the subject of any investigation,
order or judgment from any state or federal agency or court concerning
an employment practice, including, but not limited to, classification
of employees, unemployment insurance, discrimination or payroll fraud.
If the contractor has been the subject of any investigation, order
or judgment from any state or federal agency or court concerning an
employment practice, the contractor must provide copies of the investigation,
order or judgment and/or may be disqualified.
(13)
The contractor's employees who will perform work on the
public construction project are covered under a current workers'
compensation policy; and properly classified under such policy.
(14)
The contractor possesses all applicable professional and trade
licenses required for performing the public construction project.
(15)
The contractor is bondable for public construction projects.
(16)
The contractor has a record of satisfactorily completing projects
of similar size and complexity within the last 10 years. The criteria
which will be considered in determining satisfactory completion of
projects of similar size may include, but are not limited to:
(17)
The contractor has, and diligently maintains, a written safety
program.
(18)
The Village reserves the right to require additional qualifications
for any specific public construction project. When so required, the
advertisement for bids and bidding documents will state this requirement.
C.
Prequalification determination and term. The statement under § 52-12.1B shall be in writing and filed with the Village Clerk, who shall direct it to the appropriate department head for a written determination as to whether the contractor is prequalified to submit bids and perform work on a public construction contract. Contractors are urged to apply for a prequalification determination well in advance of bidding on any particular Village public construction contract as the award of contract and notice to proceed to the lowest responsible bidder will not be delayed while a contractor pursues review of a determination that it is not qualified pursuant to Subsection F(2) below. Once a contractor is determined to be prequalified, that determination shall remain valid for a period of two years.
D.
Confidentiality. The statement shall be confidential unless otherwise
authorized by the contractor or by use of the contractor or Village
in actions against each other.
E.
No restriction on discretion. If information other than what was disclosed by the contractor in § 52-12.1B is discovered by the Village, its officials, or employees responsible for awarding or making recommendations as to the public construction projects, and such information calls into question the contractor's abilities or competence to faithfully and responsibly comply with the terms of a public works contract, that information shall be considered in determining whether the contractor is a responsible bidder.
F.
Evaluation of a bidder's responsibility.
(1)
The appropriate department head shall review the information provided in the bid and the qualification statement under § 52-12.1B to determine if the low bidder is responsible to perform the work. At the request of the department head, the bidder shall provide additional information verifying their responsibility.
(2)
If the department head determines that a contractor is not a responsible bidder, that bidder shall be notified, in writing, of the department head's determination, the reasons supporting the decision, and of the contractor's right to seek a review of the determination pursuant to Chapter 6 of the Village's Code of Ordinances pertaining to the review of administrative determinations.
G.
Renewal and disclosure. It shall be the obligation of the contractor
to timely renew its prequalification and to report information regarding
any material changes to its business or operations that are relevant
to its prequalification submittal, including information that would
affect its ability to make the certifications required by this section.
Any such information must be reported within 15 days of the contractor's
knowledge of the information. Failure to report information under
this subsection may result in suspension or revocation of the contractor's
prequalification and other sanctions available under applicable law.
In order to ensure that the expenditure of public funds occurs
in a manner that balances the desire for the lowest cost with the
expectation of a quality product, the Village Board shall establish
a procurement policy to be followed by all Village departments in
the procurement of goods and services.
A.
Billings by the Village 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 November. Bills not paid on or before the first day of
November shall have added to the total amount due 1 1/2% of said
charges and a penalty of 10% and shall be entered on the tax roll
as a special charge and become a lien upon real estate.
[Amended 12-16-2019 by Ord. No. 2019-18]
A firm of certified public accountants shall be employed each
year by or at the direction of the Village,to conduct a detailed audit
of the Village's financial transactions and its books and to assist
the Village Treasurer and Village Administrator in the management
of the Village's financial affairs, including the Village's public
utilities. These auditors shall be employed on a calendar-year basis.
The books audited may, in addition to the Village financial records
of the office of the Village Treasurer, include the Village's public
utilities, Police Department records and any other books of any boards,
commissions, officers or employees of the Village handling Village
moneys.
[Amended 12-16-2019 by Ord. No. 2019-18]
No agent of the Village of East Troy, having authority to employ
labor or to purchase materials, supplies or any other commodities,
may bind the Village or incur any indebtedness for which the Village
may become liable without approval of the Board or in accordance with
an approved procurement policy. Each such employment or purchase order
shall be drawn against a specific appropriation, the money for which
shall be available in the Village 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 Village Clerk
shall keep a record of such employment and purchase orders and shall
charge them against the proper appropriation.
A.
State statute adopted by reference. Pursuant to the authority set
forth in § 66.1339, Wis. Stats., the provisions of § 66.1105,
Wis. Stats., are hereby adopted by reference and made a part of this
section as if set forth at length herein. For purposes of Village
operation, as used in the subject statute, the term "city" shall mean
the Village of East Troy, and the term "local legislative body" shall
mean the Village Board.
B.
Conflicts.
(1)
In the formulation of the project plan for a tax incremental district, it is conceivable that a conflict might arise between that method (or methods) of financing the project costs deemed best by the Village Board and that specified by various other provisions of the East Troy Code of Ordinances dealing with the financing of public improvements, such as Article II, Special Assessments and Charges, of this chapter, or Chapter 495, Subdivision of Land.
(2)
In order to give the Village the maximum authority to implement the
spirit of the Wisconsin Tax Increment Law with respect to the financing
of project costs, the Board is hereby authorized to provide for payment
of project costs through any of the methods set forth in § 66.1105(9),
Wis. Stats., in combination with, or in lieu of, any or all of the
alternate methods of financing public improvements set forth in the
East Troy Code of Ordinances or otherwise provided for by law.
Pursuant to § 66.0217(14)(a)1, Wis. Stats., a village
annexing territory from a town must pay annually to the town, for
five years, an amount equal to the amount of property taxes that the
town levied on the annexed territory in the year the annexation is
final. It shall be the responsibility of the person or persons requesting
annexation or developing the property to pay to the Village upon its
enacting the annexation ordinance annexing the property a sum equal
to the total amount of taxes required to be paid to the town by the
Village.
