[HISTORY: Adopted by the Board of Supervisors
of Pierce County as Title 3 of the 1978 Code. Amendments noted where
applicable.]
GENERAL REFERENCES
Fraudulent checks — See Ch. 129.
[Amended by Res. No. 78-82; Res. No. 79-69; Res. No. 81-4; 4-17-2001 by Ord. No. 00-15; 11-13-2001 by Ord. No.
01-16]
The Finance Committee shall designate the one
working bank in which the Treasurer shall have active checking accounts
for all general County funds and for the public assistance payroll.
The Finance Committee may, from time to time, solicit proposals from
all qualified banks located within Pierce County in order that the
County may receive the best checking services at the most favorable
cost. When the Finance Committee selects a new bank, a resolution
with its recommendation will be forwarded to the County Board of Supervisors
for approval. A written contract specifying the conditions under which
the working bank will handle the County checking account shall be
signed by the president of the bank and the Chairperson of the Pierce
County Board of Supervisors or the Administrative Coordinator Adopted
11-13-01.
A.
Bidding. County purchases shall be made from firms
having the lowest bids on merchandise that is of good quality to meet
the various specifications called for so that the County may receive
this merchandise at the lowest cost to the taxpayers consistent with
quality merchandise. In the event that bids are all the same, the
bids shall be split in as fair and equitable a manner as is possible
between various suppliers within the County.
B.
Bids for petroleum products. The County Highway Committee
is ordered and authorized to purchase all petroleum products used
by the Highway Department through the medium of advertising for competitive
bids on standard specifications recommended by the State Highway Commission
Engineers, with the power and authority to reject any or all bids
if not satisfactory to it.
[Amended by Res. No. 84-48]
[Amended by Res. No. 85-51]
A.
Collateralization required. County bank deposits shall
be secured by collateralization as is described in the document titled
"Pledge Agreement" and such other documents as may become necessary.
[Amended by Ord. No. 95-14; 9-24-2013 by Ord. No. 13-08]
A.
Purpose.
The purpose of this section shall be to establish in accord with §§
59.54(24) and 20.905, Wis. Stats., a procedure for dealing with worthless
payments to the County, underpayments and overpayments.
B.
Penalty assessment
against worthless payments.[1] Should any person make any payments to the County, any
County officer, office or department in the form of a postal money
order, express money order, bank draft, certified check, personal
check, debit or credit card and should such payment be refused as,
for example, with respect to a checking account in which insufficient
funds have been placed, the County officer, department or office to
which said payment is made shall impose on and collect from the person
who issues such a worthless payment a penalty assessment of $35. Said
penalty assessment shall be assessed against each individual underpayment
or worthless payment.
C.
Procedure
for dealing with described underpayments and overpayments. In the
event that a person makes a payment to the County for purposes of
fees, licenses and similar charges and overpays the County by an amount
equivalent to $5 or less, unless a refund is specifically requested
in writing from said person, said overpayment of $5 or less shall
be retained by the County and remitted to the general fund. In the
event a person makes a payment for fees, licenses or similar charges
which constitutes an underpayment of not more than $5, collection
of said underpayment may be waived by the officer, department or office
accepting the same when the administrative cost of collection would
exceed the amount of underpayment.
[Amended by Ord. No. 90-7]
A.
Contract formation. Pierce County is not bound by
any contract until it is formally executed and signed by both parties
and approved by the County Board, excepting in those areas where the
authority has been delegated to another body by operation of law or
by the County Board.
B.
Resolution. In order to designate that a bidder has
conditionally been successful, the committee or the County Board shall
use the standard conditional award resolution on file in the Corporation
Counsel's office. The resolution shall specify that the bidder selection
is entirely contingent upon the later execution and signing of the
written contract.
C.
Standard terms and conditions. Whether Pierce County
is required to bid by statute or elects to bid in its discretion,
Pierce County will send the Pierce County standard terms and conditions
or an unsigned contract form as drafted and modified or approved by
the Pierce County Corporation Counsel with the request for proposals
and invitation for bids. In all instances where Pierce County follows
a bidding procedure, disclaimers in the request for proposals or invitation
for bids shall indicate that no contract is formed until the parties
have formally executed and signed a contract.
[Amended by Res. No. 85-19; Ord. No. 93-1]
A.
Participation authorized. The County shall participate
in the state's Local Government Pooled Investment Fund, pursuant to
the provisions of § 25.50, Wis. Stats.
B.
The County Treasurer is designated as the local official
authorized to transfer funds to the State Treasurer for deposit in
the fund.
C.
The State Treasurer is authorized to accept telephone
requests for withdrawal of funds.
The County Highway Committee and County Fair
Committee are authorized and instructed to prepare rental rates so
equitable expenses and improvement costs can be prorated among its
various users to the end that we can continue to improve our County
fairgrounds.
[Amended 4-17-2001 by Ord. No. 00-15]
The insurance on all County-owned vehicles shall
be submitted to bids by reputable companies which must have representatives
residing in either the County or outside the County who can give service
when the need arises.
A.
Unexpended highway construction funds. The Highway
Committee is authorized to transfer any balance left from any completed
project to another project where needed.
B.
Advance and transfer of highway funds.
[Amended by Res. No. 81-32; Res. No. 82-30; Res. No. 85-35; Res. No. 87-27]
(1)
The State Highway Commission is petitioned to advance,
pursuant to § 84.03, Wis. Stats., upon the filing of a request
therefor by the County Highway Committee, which Committee is authorized
to file, such sums as may be required and are not otherwise available
for any such previously authorized or additionally needed construction
improvements in this County, with the understanding that the amounts
thus advanced will be deducted from future state allotments for state
trunk highway construction in this County under § 84.03,
Wis. Stats.; and
(2)
The State Highway Commission is petitioned, upon the
filing of a request therefor by the County Highway Committee, which
Committee is authorized to file, to transfer to or between any such
previously authorized or additionally needed construction improvements
in this County any funds allotted by the state under the provisions
of § 84.03, Wis. Stats., and previously allocated to any
other improvement or remaining unallocated in reserve.
[Amended last 4-15-2003 by Ord. No. 03-02]
A.
Authorized. The Finance Director, under the supervision
of the Administrative Coordinator, is authorized and directed to issue
and the County Treasurer to pay:
(1)
Claims allowed by the Board of Supervisors;
(2)
Claims allowed by the Finance Committee pursuant to
authorization from the County Board;
(3)
Claims duly audited by the Finance Director pursuant
to policies established by the County Board and directives from the
Finance Committee;
(4)
Salaries and hourly wages of the courthouse employees;
(5)
Court orders and categorical aids;
(6)
Orders audited and certified by the Highway Committee;
and
(7)
All other claims and appropriations duly audited under
the provisions of the Wisconsin statutes.
B.
Payment. Payment from the County Treasury shall be
made by:
(1)
Check. After the effective date of the ordinance codified
in this section, for order checks from the County Treasury of the
County to be valid, they shall contain the facsimile signature of
the Clerk and Treasurer for the County.
(2)
Wire transfer. The Treasurer shall, upon authorization
and direction of the Finance Director, issue payment by wire and provide
records of such transfers to the Finance Director.
[Amended 8-22-2006 by Ord. No. 06-08]
The Finance and Personnel Committee is authorized
to supervise the investment of available County funds and the County
Treasurer is authorized to invest these funds in short-term investments
in accordance with the appropriate Wisconsin statutes.
[Amended by Res. No. 82-18]
A.
Requirements. The Board of Supervisors adopts the
following requirements for the establishment and continuation of continuing
appropriations:
|
Type
|
Definition
|
Examples
| ||
|---|---|---|---|---|
|
1.
|
Statutory
|
Funds required by statute to be nonlapsing
|
Veteran's relief
Library
Borrowed money
| |
|
2.
|
Special Revenue
|
Funds whose primary source of revenue is from
other than general County appropriations and which are limited by
the grantor or by resolution to expenditure for a specific purpose
|
Most highway funds
Social service programs
Aging program
State and federal grants
| |
|
3.
|
Special Projects
|
Unexpended appropriations (County and other)
for a specific one-time expenditure which is expected to be completed
in the subsequent year
|
Capital project (outlay)
Special studies
Short-term projects
| |
B.
Evaluation of existing appropriations. All existing continuing appropriations shall be evaluated and those not meeting one of the criteria set forth in Subsection A shall be closed to the general fund on December 31, 1982.
C.
Evaluation of requests. The Finance Committee shall
evaluate all future requests for the establishment of continuing appropriations
to ensure that they conform to the guidelines set forth in this chapter
and that those not qualifying are denied.
[Amended 4-17-2001 by Ord. No. 00-15]
The County will apply for the State Veterans'
Service Office Grant, and the Administrative Coordinator is advised
to make application for said grant for the year 1974 and each succeeding
year thereafter unless directed otherwise by action of the County
Board of Supervisors.
Commencing March 1, 1970, the County shall charge
interest at the rate of 7% per annum or the maximum interest rate
which a municipality can pay on promissory notes, whichever is higher,
on the unpaid balance of all accounts which have been of record for
90 days, and further all accounts shall be paid in full, principal
and interest, one year from date of billing.
All County road work to be performed by other
than County forces shall be let on the firm bid basis.
Hereafter all emergency work done on County
trunk highways in the County shall become a charge against the County
Trunk Maintenance Fund.
A.
Established. All moneys received from whatever source
through the use of the fairgrounds or buildings shall be paid into
the County treasury immediately and credited to the County Fair Fund.
B.
Payments. All expenses incurred, including Committee
members per diem and expenses in the preparation, conducting or holding
of fairs by said Fair Committee and expenses incurred through the
renting of the fairgrounds or buildings to others shall be paid through
the regular County fiscal agents out of the County Fair Fund upon
the presentation of vouchers properly made out and signed by at least
a majority of the County Fair Committee.
[Amended by Ord. No. 84-11]
A.
Procedures generally. Whenever any department of the
County desires to sell real estate which is owned by the County and
which has a fair market value of at least $5,000, the procedures set
out in this section shall apply.
B.
Recommendation to Finance Committee. The supervising
committee of the department shall formally make a recommendation to
the Finance Committee that the real estate be sold.
C.
Consideration of recommendation. As soon as practicable
after receipt by the Finance Committee of the recommendation of the
supervising committee, the Finance Committee shall consider the recommendation
of the supervising committee.
D.
Recommendation to Board. After consideration by the
Finance Committee of the recommendation of the supervision committee,
the Finance Committee shall make a recommendation and shall forward
its recommendation to the County Board of Supervisors.
E.
Determination to retain. If the County Board of Supervisors
determines that the best course of action is to retain the real estate,
no further action shall be taken.
F.
Determination to sell. If the County Board of Supervisors
determines that the best course of action is to sell the real estate,
it shall delegate to the Finance Committee the responsibility to execute
the following duties:
[Amended by Ord. No. 97-10]
(1)
Immediately cause the real estate to be appraised
by a qualified real estate appraiser; and
(2)
Proceed to offer the real estate for sale, in such
manner or manners as the Finance Committee in its sole discretion
determines. Such manner or manners of offering the real estate for
sale may include advertising the real estate for sale in newspapers
and other publications, advertising for the submission of sealed written
bids and listing the real estate for sale with a licensed real estate
broker.
G.
Conveyance of property. If the Finance Committee receives
either an offer to purchase or a written bid for the real estate which
the Finance Committee considers appropriate, the Finance Committee
shall then recommend to the County Board of Supervisors, by written
resolution, that the County Board of Supervisors direct the County
Clerk to sell the real estate. The written resolution shall set forth
the terms upon which the sale is to be made and the manner by which
the County Clerk is to convey the property.
H.
Procedures for tax deed property.
[Amended by Ord. No. 89-1; Ord. No. 91-10; Ord. No. 95-13; Ord. No. 98-8]
(1)
Statement of purpose. Whenever the Finance Committee
determines it would be in the best interest of the County to sell
tax deed property, the Finance Committee shall exercise such authority
under Chapter 75, Wis. Stats., and other applicable statutes relating
to the sale of County-owned tax deed property, subject to the procedures
set forth hereinafter in this section.
(2)
FORMER OWNER
MUNICIPAL
TAX DEED PROPERTY
UNECONOMIC REMNANT
Definitions. These terms, for purposes of this section,
shall be defined as follows:
The holder of record title immediately prior to the recording
of the tax deed and his/her/its heirs, successors and assigns.
A city, village or town.
Real estate acquired by the County for nonpayment of property
taxes and other charges as authorized by law, which property is taken
by means of a tax deed issued in favor of the County under Chapter
75, Wis. Stats.
A parcel of real estate as described in a tax deed which
due to its size, shape or configuration, status as being landlocked,
illegality or impracticality of use as a permitted or conditional
use under the County or a municipal zoning ordinance or under sanitary
or other police power ordinances does not lend itself to a fair market
value sale between a willing buyer and seller. For purposes of this
definition, subject to Finance Committee review on a case-by-case
basis, it shall be presumed that a parcel of 1.00 acres or less in
unincorporated areas of the County and 25 feet or less in width in
incorporated areas or whose value is less than $500 is such a parcel.
(3)
Procedure for sale of tax deed property. On no less
than an annual basis, the County Clerk shall prepare a list of tax
deed property held in the name of the County for review by the Finance
Committee. The Committee shall determine whether any such parcels
are surplus, in which event it shall direct the County Clerk to do
the following:
(a)
Seek an appraisal of each parcel of tax deed
property from a realtor or other qualified individual skilled in determining
the fair market value of real estate;
(b)
Notify the municipal clerk in the municipality
in which the property is situated of the County's intent to sell the
same, said notice to be mailed three weeks before the date by which
bids must be submitted;
(c)
Publish notice of the property sale, together
with terms of sale established by the County, as a Class 3 notice
under Chapter 985, Wis. Stats. In the discretion of the Clerk, bids
may be submitted on a sealed or open basis; and
(d)
Receive bids for submittal to the Finance Committee.
(4)
Procedure under Subsection H(3) not to apply to uneconomic remnants. The County Clerk, in preparing a list of tax deed properties under Subsection H(3) of this section, shall identify each such parcel which falls under the definition of uneconomic remnant or which may be determined to be an uneconomic remnant as a result of action of the Committee. Appraisals of uneconomic remnants shall be made by the Finance Committee, whose determinations shall be final and conclusive. With these exceptions, the procedure under Subsection H(3) of this section shall be followed.
(5)
In the event that the Finance Committee rejects all
bids submitted for a parcel of tax deed property or in the event that
no bids are received within the deadline, the Finance Committee may
direct the County Clerk to readvertise such lands for sale or in its
discretion cause the sale of any lands previously advertised for sale
for an amount equal to or exceeding the appraised value of any lands
without readvertising.
(6)
In accord with § 75.35(3), Wis. Stats.,
the former owner of property acquired by the County on a tax deed
under Chapter 75, Wis. Stats., shall be given the following preference
and the right to purchase such land from the County:
(a)
At any time within 90 days after the County
has acquired a tax deed to the land, the last owner thereof may submit
a written offer to purchase. During this period, should bids be solicited
and received, they may not be accepted or, if accepted, they shall
be made subject to the rights of the former owner.
(b)
At a minimum, offers to purchase from former
owners shall meet the following requirements: The owner shall pay
all taxes, interest, penalties, special assessments and special charges
against the property together with all costs to the County under Chapter
75, Wis. Stats., of publication, service of notices or process, recording
of instruments and all other costs directly related to the tax delinquency
posted against the land in question by and on behalf of the County.
The failure of the former owner, at a minimum, to meet the above-stated
requirements shall be deemed by the County to be the equivalent to
a waiver of the former owner's rights under this section.
(c)
Any such sale to the former owner of the property
in question shall be exempt from all provisions of § 75.69,
Wis. Stats., if the net proceeds from the sale to the former owner,
as determined under § 75.36(3), Wis. Stats., will be sufficient
to pay all special assessments and special charges to which the property
is subject, including interest imposed under § 74.47, Wis.
Stats., or if the County settles in full with the taxation jurisdiction
for special assessments, as defined in § 75.36(1), Wis.
Stats., to which the property is subject. This right of preference
to repurchase shall not apply to tax deed property which has been
improved for or dedicated to a public use by the County subsequent
to its acquisition thereof on tax deed and prior to the date of the
former owner's submission of his offer to purchase.
I.
State condemnation acts; procedures.
[Amended by Ord. No. 91-8]
(1)
Procedures to follow in state condemnation acts when
the land is valued at more than $2,500:
(a)
Representatives of the condemning authority
will provide all information, including a full narrative appraisal
(FNA), to the Pierce County Finance Committee. Information received
by other departments on this matter will be forwarded to the Pierce
County Finance Committee.
(b)
The Pierce County Finance Committee takes up
the matter at the next Finance Committee meeting. The Finance Committee
may ask that a Pierce County Highway Department employee be present
at any Finance Committee meeting to assist in any right-of-way questions,
if relevant. The Finance Committee will review the appraisal and recommend
to the County Board whether to:
(c)
The Finance Committee will then place this issue
on the next agenda for the consideration of the County Board at its
next meeting.
(d)
The County Board will determine whether to follow
the recommendation of the Finance Committee or to adopt the opposite
approach. If the County Board determines not to accept the condemning
authority price offered but instead elects to get an appraisal under
§ 32.09, Wis. Stats., the County Board will designate a
negotiator (or negotiators) to negotiate with the condemning authority.
The County Board must specify as to whether the negotiator(s) has:
[1]
Authority to negotiate an offer that will be
binding upon the County; or
[2]
The authority to make a binding arrangement
with the state up to a certain dollar amount and to recommend to the
County Board any offer outside those perimeters; and
[3]
The authority to return with a proposal made
by the state. The County Board shall consider a closed session under
§ 19.85(1)(e), Wis. Stats., if applicable to discuss these
issues.
(e)
If the County rejects an offer, it may authorize
the negotiators to make a counterproposal or await the jurisdictional
offer to purchase from the condemning authority.
(f)
If no price can be agreed upon and the condemning
authority makes a jurisdictional offer, at the next County Board meeting
after the County receives the jurisdictional offer to purchase it
will vote whether to accept or reject said offer.
(g)
If the County votes to reject a jurisdictional
offer to purchase, it will also decide whether to appeal the amount
of compensation either to the Circuit Court or to the County Condemnation
Commission.
(2)
Procedures when the land to be condemned is less than
$2,500.
(a)
The condemning authority will approach the Pierce
County Finance Committee with any offer and will ask that a waiver
of appraisal be signed. Information received by other departments
on this matter will be forwarded to the Pierce County Finance Committee.
(b)
The Finance Committee will take the matter up
at its next meeting and recommend to the County Board whether to waive
the appraisal and accept the offer or to request a full narrative
appraisal to be paid for by the state.
(c)
Upon receipt the FNA Procedure Nos. 2-4 applicable
to land valued at more than $2,500 will apply.
[Amended by Res. No. 90-4]
A.
Sales to private parties. The Highway Department shall
discontinue sales of road building materials, supplies and new equipment
parts to private parties if it has not done so already, in compliance
with Wisconsin law.
B.
Sales to municipalities. Sale of the aforementioned
items allowed by § 83.018, Wis. Stats., to municipalities
shall not be made if it is known that said municipality purchases
such items for sale to private individuals.
[Amended by Res. No. 90-4]
The County Board delegates to the County Highway
Committee the right to dispose of surplus waste material pursuant
to § 83.08(4), Wis. Stats., in the following manner:
A.
The Highway Department's authority under this section
with respect to the disposal of highway property shall be limited
to waste fill.
B.
The Committee shall make a determination that such
waste fill was not created specifically for the purpose of commercial
sale but was incidental to road improvement or maintenance.
C.
The following public sale advertising procedures shall
be followed and the following information shall be solicited from
potential purchasers:
(1)
The advertisement shall run once per year in the legal
publication of this County.
(2)
Such ad shall announce that in the event Pierce County
creates waste/surplus fill material, such material will be sold to
the highest bidder who is nearby and whose property is easily accessible.
(3)
All persons interested in purchasing fill shall, in
writing, within 30 days of the ad's last publication, provide their:
D.
Furthermore, landowners must sign a document which
shall be prepared for this purpose, including in this document the
following information:
(1)
Assurance that storage of such fill does not violate
the zoning laws.
(2)
The owner holds Pierce County harmless for any negligence
with respect to such fill.
(3)
An assertion that the purchaser is the owner of such
land.
(4)
Proof with attached documentation that the Digger's
Hotline has been notified.
E.
Furthermore, the landowner shall be responsible for
placing the fill and shall also mark the area where the fill is to
be hauled.
F.
It is the County Highway Committee's responsibility
to decide which of the potential purchasers is the most practicable
bidder. Practicality should include convenience, location, accessibility
and price. The County will then move the waste fill to the purchaser's
site.
G.
Furthermore, the Highway Committee shall have the
right to reject all sales if the expense and inconvenience of the
hauling should result in a loss or disadvantage to the County.
[Amended by Ord. No. 87-4]
A.
Imposed. Pursuant to § 77.70, Wis. Stats.,
there is hereby imposed upon all retailers a sales and use tax at
the rate of .5% of the gross receipts from the sale, lease or rental
of personal property as set forth in Subchapter V, Chapter 77, Wis.
Stats., and § 77.71, Wis. Stats. Such sales and use taxes
shall be imposed in their entirety according to the requirements of
Subchapter V of Chapter 77, Wis. Stats.
B.
Use of funds. All funds generated pursuant to § 77.70,
Wis. Stats., may only be appropriated for property tax relief and
they may not be used for any new or expanded County services.
[Last amended by Res. No. 87-26]
A.
Amount authorized. The County Highway Committee is
authorized, pursuant to § 83.015(2), Wis. Stats., to purchase
without further authority and to the extent that revolving funds accumulated
for such purpose or appropriations made for such purpose are available,
such highway equipment as it deems necessary to properly carry on
the work and to trade or sell such old equipment as may be considered
to be for the best interests of the County.
B.
No one complete unit of equipment of a value exceeding
$75,000 shall be purchased without further authority of the County
Board.
[Amended by Ord. No. 83-67]
A.
The Pierce County Board of Supervisors resolves that
a trust fund be established into which state aid under § 85.21,
Wis. Stats., is to be saved for the purchase or maintenance of transportation
equipment.
B.
The state aid held in trust shall be subject to the
trust conditions adopted by the Department of Transportation as administrative
rules under Chapter TRANS 1 of the Wisconsin Administrative Code.
