[HISTORY: Adopted by the Village Board of
the Village of Elm Grove 12-9-1963; as amended through 2-12-1979. Subsequent amendments noted where applicable.]
A.
Approval of claims.
(1)
The Village Manager shall audit and approve each claim
or statement as a proper charge against the treasury and shall endorse
his or her approval thereon, after having determined that the following
conditions have been complied with:
(a)
Funds are available therefor pursuant to the budget
approved by the Village Board.
(b)
The item or service covered by such claim or statement
has been duly authorized by the proper official, committee or Village
Board.
(c)
The item or service has been actually supplied or
rendered in conformity with such authorization.
(d)
The claim is just and valid pursuant to law.
(2)
The Village Manager may require the submission of
such proof in evidence to support the foregoing as in his or her discretion
he or she may deem necessary.
B.
Allowance of accounts. The Manager shall present all
claims or statements to a regular or special meeting of the Village
Board for allowance.
C.
Payment of accounts. The Village President and Village Clerk shall, after allowance pursuant to Subsection B hereof, direct the Village Treasurer to pay all accounts and demands against the Village. The order shall list the name of the payee, the purpose and amount thereof.
D.
Annual audit. The Village Board shall direct an annual
detailed audit of its financial transactions and accounts by a certified
public accountant.
[Amended 3-8-1999; 9-11-2000; 5-23-2006]
A.
Contracts by Village Manager. All contracts for the performance of any work or services or the purchase of any materials or equipment for the Village of Elm Grove of $25,000 or less may be made by the Village Manager. To the extent such section is applicable, purchases shall be made in the manner provided in Chapter 54, § 54-3H.
B.
Contracts in excess of $25,000.
(1)
Subject to the provisions of Subsection B(2) below, contracts for the performance of work, services or the purchase of materials or equipment for the Village of Elm Grove exceeding $25,000 shall be let to the lowest responsible bidder pursuant to the provisions of § 61.55, Wis. Stats. The term "work" or "service" as used in this subsection shall not refer to any professional services. For purposes of this section, "professional services" includes but is not limited to the services of any attorney, architect, artist, public accountant, computer consultant, consulting engineer, insurance underwriter, realtor, real estate appraiser or planning consultant.
(2)
The Village Board shall have the right to reject all
bids for contracts for any work or services or material. Thereafter,
such contracts for any work, services or materials shall be let as
directed by the Village Board. The Village Board shall also have the
right to waive the requirement for solicitation of bids for specific
materials and/or equipment where the Village Board makes a legislative
finding that the purchase of specific materials or equipment for the
replacement or upgrading of existing Village materials and/or equipment
is necessary to avoid incurring additional costs and/or expenses or
the disruption of Village services.
C.
Public works contracts.
[Added 10-26-2020]
(1)
For purposes of this section, a "public works project" means the
construction, alteration, demolition, installation, or repair work
done under contract and paid in whole or in part out of public funds.
(2)
Prior to the letting of any contract for a public works project entered into by the Village that requires an expenditure in excess of the amount listed in § 30-2C(3), the Village Board shall submit to the electorate a binding referendum for approval of the public works project. Failure of the binding referendum shall preclude the Village from proceeding with the public works project. The wording of any referendum shall include a concise summary of the public works project with the information regarding the specific purpose and location of the public works project as well as the total anticipated cost of the public works project and the method to be used by the Village for payment of said cost.
(3)
The total anticipated out-of-pocket amount to be spent directly by
the Village for any public works project sufficient to trigger a binding
referendum is $5,000,000 as of the date that this subsection is enacted.
This amount shall be adjusted annually for inflation using the consumer
price index published by the U.S. Department of Commerce, and said
adjustments will be effective on January 1 of each year beginning
in 2022.
(4)
Nothing in this subsection shall be construed to preclude the Village
or its representatives the planning or design any public works project.
[Added 12-17-2002]
A.
Charges authorized.
(1)
Whenever the offices of the Village Attorney, Village
Engineer or any other of the Village's contract professional staff
are contacted for current services regarding a specific person's property,
development or other special matter in the Village of Elm Grove by
the Village President, Village Board member, Village Board Committee
member, or Village Commission member or any representative, agent
or designee of the same, or a property owner or any person or entity
or a respective representative, if said contact results in a charge
to the Village of Elm Grove for that professional's time and services
and said service is not a service provided to the Village of Elm Grove
as a whole, then the Village Manager shall be authorized to charge
said person or entity for the current service provided and/or pursuant
to the provision of § 66.0627, Wis. Stats., to impose a
special charge for that current service to the benefited property
owner for the fees incurred by the Village.
(2)
This section shall be enforced on the basis of the
policy as established by the Village upon a recommendation of the
Village Board Finance and Licensing Committee, by resolution enacted
by the Village Board and revised from time to time that shall include
schedules for cash deposits and other means of securing payment to
the Village.
B.
The Village Manager is authorized to invoice each
person or entity for special charges, allowing a period of time, not
more than 30 days, to pay for provided current services. The invoice
shall include an itemized statement of the professional service fees
provided.
C.
The Village Clerk shall give each property owner, invoiced for current services, notice that a hearing may be requested before the Village Board Finance and Licensing Committee regarding the charges against the property. If a hearing is timely requested in writing within 20 calendar days of the mailing of the invoice for current services, the matter shall be heard in accordance with the provisions of this § 30-3 on the issue of the cost of professional fees incurred to benefit a specific land owner.
D.
If any amount remains unpaid after the 30 days allowed
for payment where no hearing has been timely requested, the Village
Clerk shall automatically charge that delinquent amount, plus any
applicable penalty and/or interest, against the current or next tax
roll as a delinquent tax against the property pursuant to § 66.0627,
Wis. Stats. In the event the invoice rendered to a property owner
or the time allowing for payment precludes placement on the current
year's tax roll, any such delinquent charge shall be extended to the
following year's tax roll.
E.
Upon receipt of a timely request for a hearing on
the invoice for special charges, the Village Board Finance and Licensing
Committee shall hold a hearing regarding same at its next regular
meeting or, at its discretion, at a special meeting. Such hearing
shall be preceded by posted public notice and written notice to the
property owner.
F.
When a timely hearing has been requested, no current
charges for special services shall be placed on the tax roll until
a hearing has been held and a decision has been rendered and reduced
to writing. A copy shall be sent via first class mail, postage prepaid,
to the property owner. Only that part of the charges for special services
approved by the Village Board Finance and Licensing Committee may
be placed on the tax roll after the property owner has been given
30 days to pay from the date of the Village Board Finance and Licensing
Committee decision.
G.
The Village, in addition or instead of the above,
may follow any other legal means to collect the amounts due.
