[Adopted 4-1-2004 (Title
3, Ch. 1, of the 2004 Code of Ordinances)]
The Town Board of the Town of Lowell has the specific authority,
powers and duties pursuant to §§ 60.10, 60.20, 60.22,
60.23, 60.40, 60.41, 60.42, 60.44, 60.45, 60.46, 60.47, 65.90, 66.0601,
66.0603, 66.0703, 66.0721, 74.12, and Chapters 67 and 70, Wis. Stats.,
to manage, supervise and direct the fiscal operations of the Town
of Lowell and to develop, maintain and implement a fiscal management
system for the Town.
A. Fiscal year; annual budget. The Town of Lowell fiscal year is the
calendar year. The Town budget shall be adopted annually.
B. Preparation. The Town Board is responsible for preparation of the
proposed budget required under § 65.90, Wis. Stats. In preparing
the budget, the Town Board may employ professional assistance.
C. Estimates of budget. Each elected officer and each appointed officer
responsible for a department, office, special office, committee, commission,
agency, board or other special government unit of the Town of Lowell
shall file with the Town Clerk, by a date established by the Town
Clerk of the Town of Lowell, the following for their department, office,
special office, committee, commission, agency, board or other special
government unit of the Town.
(1) Prior year's receipts, revenues, disbursements and expenditures.
(2) Current year's receipts, revenues, disbursements and expenditures.
(3) Estimated receipts, revenues, disbursements and expenditures for
next year.
D. Elements of budget. Each budget prepared by and approved by the Town
Board shall include the following:
(1) All existing indebtedness.
(2) All anticipated revenue from all sources for ensuing year.
(3) All proposed appropriations for departments, committees, commissions
and boards, active or reserve accounts for next year.
(4) All actual revenues and expenditures for preceding year.
(5) All actual revenue and expenditures for not less than six months
of current year.
(6) All estimated revenues and expenditures for the balance of the year.
(7) All anticipated unexpended or unappropriated balances and surpluses.
(8) Such other information may be required by the Town Board and state
law.
E. Elements in budget summary. Each budget summary prepared by and approved
by the Town Board shall include the following:
(1) All expenditures by major expenditure category for the proposed budget,
the budget in effect and the budget of the preceding year.
(2) All revenues by major revenue service for the proposed budget, the
budget in effect and the budget of the preceding year.
(3) Any financial source and use not identified in Subsection
E(1) and
(2) above.
(4) All beginning and year-end balances for the proposed budget, the
budget in effect and the budget of the preceding year.
F. Copies of budget. The Town shall provide a reasonable number of copies
of the budget thus prepared for distribution to citizens.
G. Hearing. The Town Board shall conduct the budget hearing required
under § 65.90, Wis. Stats.
H. Adoption. The Town Board shall adopt the Town budget. The Town meeting
may either retain authority to approve any tax levy needed to support
spending approved by the Town Board or may delegate the authority
to approve a tax levy to the Board.
I. Amendment. The Town budget may be amended by the Town Board under
§ 65.90(5), Wis. Stats.
The adopted budget shall not be changed after approval of the
budget except upon the recommendation of the Chairperson and upon
a roll call two-thirds vote of the entire membership of the Town Board.
Notice of such change shall be given by publication or posted within
eight days thereafter in the official Town newspaper.
No money shall be drawn from the treasury of the Town, 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 §
44-3 of this article. At the close of each fiscal year, any unencumbered balance of any 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 Town Board annually shall prepare a statement of the financial
condition of the Town and present the statement to the annual Town
meeting. In preparing the statement, the Town Board may employ professional
assistance. The statement shall include the previous year's revenues
and expenditures and the current indebtedness of the Town.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
The Town Clerk shall maintain a finance book under § 60.33(3),
Wis. Stats.
The Town Board may provide for financial audits under § 66.0605,
Wis. Stats. Such audits shall be conducted in the event the positions
of Clerk and Treasurer are combined.
A. Legal claims against the Town.
(1) The Town Board shall develop and maintain a policy and plan, pursuant
to §§ 60.44 and 893.80, Wis. Stats., to manage and
control any legal claims against the Town of Lowell, its officers,
its employees and its agents. Claims for money against the Town or
against officers, officials, agents or employees of the Town arising
out of acts done in their official capacity shall be filed with the
Town Clerk as provided under § 893.80(1d), Wis. Stats. The
Town Clerk shall immediately contact the Town Chairperson regarding
the claims. The Town Chairperson shall arrange any appropriate and
necessary meeting of the Town Board for actions pursuant to §§ 60.44
and 893.80, Wis. Stats., to allow or disallow any claim. The Town
Chairperson shall, at his or her discretion, contact the Town Attorney
regarding the claim prior to the meeting of the Town Board.
(2) The Town Board shall allow or disallow the claim. Notice of disallowance
shall be made as provided under § 893.80(1g), Wis. Stats.
B. Claims procedure.
(1) The Town, having adopted a resolution to direct the Town Board to
exercise village board powers under § 60.10(2)(c), Wis.
Stats., does now enact an alternative system of approving certain
regular financial claims against the Town by virtue of the provisions
of § 66.0609, Wis. Stats.
(2) Payments may be made from the Town treasury after the Clerk audits
and approves each claim as a proper charge and endorses his/her approval
on the claim after having determined that the following conditions
have been met:
(a)
That funds are available therefor under the budget approved
by the Town Board.
(b)
That the service covered by such claim has been authorized by
the proper official, department head, board or commission.
(c)
That the service has been actually rendered in conformity with
such authorization.
(d)
That the claim is just and valid according to law. The Clerk
may require the submission of such proof and evidence to support the
above as he/she may deem necessary.
(3) The authority extended to the Town Clerk above shall apply only to
the regular payroll checks of Town employees and the salaries of elected
Town officials. All other claims against the Town will be examined
and approved in accordance with the applicable law.
(4) The Clerk shall file with the Town Board, not less than monthly,
a list of the claims approved showing the date paid, name of claimant,
purpose and amount.
(5) The Town Board may authorize an annual detailed audit of its financial
transactions and accounts by a public accountant licensed under Ch.
442, Wis. Stats., and designated by the Town Board.
Disbursements from the Town treasury shall be made under § 66.0607,
Wis. Stats. No claim, account or demand for payment against the Town
shall be paid until a voucher or list of financial claims/bills has
been filed with or prepared by the Town Clerk. Each check representing
a disbursement or transfer of Town funds must be signed by the Town
Clerk and Town Treasurer. Each check must also be signed by the Town
Chairperson.
In lieu of the personal signatures of the Town Clerk, Town Treasurer
and Chairperson, there may be affixed on order checks the facsimile
signatures of such persons adopted by them and approved by the Town
Board, 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.
The Town Board shall designate one or more public depositories
for depositing funds of the Town. These public depositories shall
be approved financial institutions as noted in § 66.0603,
Wis. Stats. The Treasurer and the Treasurer's surety are not
liable for loss, as defined under § 34.01(2), Wis. Stats.,
or money deposited in the name of the Town in a designated public
depository. Interest accruing from Town money in a public depository
shall be credited to the Town.
A. The Town Treasurer, in cooperation with the Town Board, may invest
any Town long-term funds and temporary funds not immediately needed,
pursuant to §§ 66.0603(1m) and 219.05, Wis. Stats.
B. The Town Board and the Town Treasurer shall use the following criteria
in determining the financial options available for investing the financial
assets of the Town:
(1) The safety of the investment.
(2) The maturity of the investment.
(3) The liquidity of the investment.
(4) The yield of the investment.
(5) The other services available to the Town with the investment.
A. Definitions. In this section:
(1) PUBLIC CONTRACT — A contract for the construction, execution,
repair, remodeling or improvement of any public work or building or
for the furnishing of materials or supplies with an estimated cost
greater than $5,000.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(2) RESPONSIBLE BIDDER — A person who, in the judgment of the Town
Board, is financially responsible and has the capacity and competence
to faithfully and responsibly comply with the terms of the public
contract.
B. Advertisement for bids.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(1) Except as provided in Subsections
D and
E, the Town may not enter into a public contract with an estimated cost of more than $5,000 but not more than $25,000 unless the Town Board, or a Town official or employee designated by the Town Board, gives a Class 1 notice under Ch. 985, Wis. Stats., before execution of that public contract.
(2) The Town may not enter into a public contract with a value of more than $25,000 unless the Town Board, or a Town official or employee designated by the Town Board, advertises for proposals to perform the terms of the public contract by publishing a Class 2 notice under Ch. 985, Wis. Stats. The Town Board may provide for additional means of advertising for bids. Pursuant to Subsection
B(1) above, this advertising requirement does not apply to the purchase of equipment; it applies only to the purchase of materials or supplies expected to cost more than $15,000.
C. Letting of contracts. The Town Board shall let a public contract for which advertising for proposals is required under Subsection
B to the bidder most advantageous to the Town. Section 66.0901, Wis. Stats., applies to public contracts let under this section.
D. Contracts with governmental entities. This section does not apply
to public contracts entered into by a Town with a municipality, as
defined under § 66.0301, Wis. Stats. "Municipality," for
this section, is defined as the state or any department or agency
thereof, or any city, village, town, county, school district, public
library system, public inland lake protection and rehabilitation district,
sanitary district, farm drainage district, metropolitan sewerage district,
sewer utility district, water utility district, mosquito control district,
municipal electric company, county or city transit commission or regional
planning commission.
E. Exception for emergencies. Section 60.47(5), Wis. Stats., and this
section 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 Town Board, that endangers the public health or welfare of the
Town. This subsection does not apply if the Town Board declares that
the emergency no longer exists.
F. Application to work by Town. This section does not apply to any public
work performed directly by the Town.
A. The Town Treasurer 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 Town Board.
B. Upon the payment of any money (except for taxes as herein provided),
the Treasurer shall make out a receipt for the money so received.
The 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 Town or to the Town or to the Treasurer shall be safeguarded
in such manner as the Town Board shall direct.
The Town of Lowell elects not to give the bond on the Town Treasurer
provided for by § 70.67(1), Wis. Stats.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
The Town Clerk and Town Treasurer 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, contemplated improvement, floodplain
status, violation of the building and health codes and similar information.
Any such information sought shall be provided to the person requesting
it on said form. The Town Clerk and Town Treasurer shall have a minimum
of four business days during the regular work week to satisfy such
requests. Neither the Town nor its officials assume any liability
when providing this service. The fee for providing this service shall
be as prescribed in accordance with the Town Board's current Fee Schedule.
No agent of the Town having authority to employ, labor or to
purchase materials, supplies or any other commodities may bind the
Town or incur any indebtedness for which the Town may become liable
without approval of the Town Board. Each such employment of purchase
order shall be drawn against a specific appropriation, the money for
which shall be available in the Town treasury and not subject to any
prior labor claims or material purchase orders at the time when such
employment is negotiated. The Town Clerk shall keep a record of such
employment and purchase orders and shall charge them against the proper
appropriation.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
Billings by the Town 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 first day of
November may 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.
Annual audits are only required in the event the positions of
Clerk and Treasurer are consolidated; if these positions remain separate,
audits are not required and are conducted only at the Town Board's
option. A firm of certified public accountants may be employed each
year by the Town, subject to the confirmation of the Town Board, to
conduct a detailed audit of the Town's financial transactions
and its books, and to assist the Town Treasurer in the management
of the Town's financial affairs. These auditors may be employed
on a calendar-year basis. The books audited shall, in addition to
the Town financial records of the office of the Town Treasurer, and
may include books of any other boards, commissions, officers or employees
of the Town handling Town monies.
A. There shall be a fee in accordance with the Town Board's current
Fee Schedule for processing checks made payable to the Town 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 Town that are placed with collection
agencies.
A. Pursuant to the authority of § 74.47(2), Wis. Stats., the
Town may impose 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 Town or eventually charged back to the Town
by the county for purposes of collection under § 74.42,
Wis. Stats.
B. This penalty of 0.5% per month or fraction of a month may apply to
any personal property taxes which are overdue or delinquent.
A. Purpose. It is in the interest of the Town of Lowell to adopt a policy
to ensure continuous prudent deposits and investments of available
Town funds. The Town Board of the Town of Lowell establishes the following
policies in the public interest for the deposit and investment of
available Town funds:
B. Public depositories.
(1) Depositories. The Town Board 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 Town 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 Town Board.
(3) Deposits. The Town Treasurer shall deposit public monies in the name
of the Town of Lowell in such public depositories designated by the
Town Board and subject to the limitations hereinabove set forth.
(4) Withdrawals. Withdrawals or disbursements by the Town Treasurer of
monies deposited in a public depository shall be made as provided
by § 66.0607, Wis. Stats. The Town 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.
C. Investments.
(1) Management. Subject to the provisions of this policy, the Town Treasurer
shall have control of and discretion in the investment of all Town
funds that are not immediately needed and are available for investment.
(2) Intent. It is the intent of the Town Board that the Town Treasurer
utilize a wise and prudent cash management system within the level
of her/his expertise in such a manner to ensure 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 Town 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 her/his investment responsibilities,
the Town 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, would exercise.
(5) Investments. The investment of Town funds shall be in accordance
with §§ 34.01(5) and 66.0603, Wis. Stats., as follows:
(a)
Certificates of deposit. Town 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 Town by resolution or ordinance of the Town Board.
(b)
Government bonds and securities. Town 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 Town's name at any designated public
depository or approved financial institution.
(c)
Government investment pool. Town 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. Town 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 Town's
name at any designated public depository or approved financial institution.
(e)
Wisconsin Investment Trust. Town funds may be invested in the
Wisconsin Investment Trust without restrictions as to the amount of
deposit or collateralization.
(f)
Savings deposit. Town funds may be temporarily invested in savings
deposits.
(g)
Securities. The Town 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 Town 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 meaning set forth in § 34.01, Wis. Stats., as amended.
(3) Conflicts. This section is enacted in accordance with the provisions
of Chapter 34 and § 66.0603, Wis. Stats. In case of conflict,
the state laws shall prevail.