CHAPTER 3
FINANCE AND TAXATION
3.01Preparation of Tax Roll and Tax Receipts
3.02Fiscal Year
3.03Budget
3.04Changes in Budget
3.05Village Funds to be Spent in Accordance With Appropriations
3.06Disbursements from Local Treasury
3.07Public Depositories
3.08Letting of Contracts
3.09Duplicate Treasurer's Bond
3.10Temporary Investment of Funds Not Immediately Needed
3.11Special Assessments
3.12Charge to Benefiting Owners for Professional Fees

3.01 PREPARATION OF TAX ROLL AND TAX RECEIPTS.

(1) AGGREGATE TAX STATED ON ROLL. Pursuant to §70.65(2), Wis. Stats., the Clerk shall, in computing the tax roll, insert only the aggregate amount of State, county, school, vocational district and local taxes in a single column on the roll opposite the parcel or tract of land against which the tax is levied or, in the case of personal property, in a single column opposite the name of the person against whom the tax is levied.

(2) TAX RECEIPTS. Pursuant to §74.19, Wis. Stats., the Clerk shall enter in each receipt for the payment of taxes the name of the person paying the taxes, if that person is not the owner of the property taxed, the date of payment and the aggregate amount of taxes paid.

3.02 FISCAL YEAR.

The calendar year shall be the fiscal year.

3.03 BUDGET.

(1) DEPARTMENTAL ESTIMATES. Annually, when requested by the Finance Committee, each officer, department and committee shall file with the Village Clerk an itemized statement of disbursements made to carry out the powers and duties of such officer, department or committee during the preceding fiscal year; a detailed statement of the receipts and disbursements on account of any special fund under the supervision of such officer, department or committee during such year and of the conditions and management of such fund; and detailed estimates of the same matters for the current and ensuing fiscal years. Such statements, which shall be designated as "Departmental Estimates," shall be presented in the form prescribed by the Village Clerk, such form to be as nearly uniform as possible for the main division of all departments.

(2) PREPARATION OF PROPOSED BUDGET.

(a) Finance Committee to Prepare. The Finance Committee shall prepare and submit to the Board a proposed budget presenting a financial plan for conducting the affairs of the Village for the ensuing fiscal year.

(b) Information Required. The budget shall include the following information:

1. The expense of conducting each department and activity of the Village for the ensuing fiscal year and corresponding items for the current year and last preceding fiscal year, with reasons for increase and decrease recommended as compared with appropriations 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 statement comparing the amounts received by the Village from each of the same or similar sources for the last preceding and current fiscal year.

3. All existing indebtedness to 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.

4. 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.

5. Such other information as may be required by the Board and by State law.

(c) Copies Required. The Village shall provide a reasonable number of copies of the budget thus prepared for distribution to citizens.

(3) HEARING. The Finance Committee shall submit to the 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. Upon submission of the proposed appropriation ordinance to the Board, it shall be deemed to have been regularly introduced therein. The Village Board shall hold a public hearing on the budget and the proposed appropriation ordinance as required by law. Following the public hearing, the proposed appropriation ordinance may be changed or amended and shall take the same course in the Board as other ordinances.

3.04 CHANGES IN BUDGET.

The amount of the tax to be levied or certified and the amounts of the various appropriations and the purposes thereof, shall not be changed after approval of the budget except by a 2/3 vote of all the members of the Village Board. Notice of such change shall be given by publication within 15 days thereafter.

3.05 VILLAGE FUNDS TO BE SPENT IN ACCORDANCE WITH APPROPRIATIONS.

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 §3.04. 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 has either been accomplished or abandoned.

3.06 DISBURSEMENTS FROM LOCAL TREASURY.

(1) Disbursements from the Village treasury shall be by order check. No such check shall be released to the payee nor shall such be valid, unless signed by the Clerk and countersigned by the Village President. In lieu of personal signatures, there may be affixed on such order check the facsimile signatures of such persons adopted by them and approved by the Village Board, but the use of such facsimile signature shall not relieve any such official from any liability to which he is otherwise subject, including the unauthorized use thereof.

(2) Except as provided in sub. (3), all disbursements shall be made by the Village Clerk after the preparation of a written order, provided that proper vouchers have been filed.

(3) Whenever any committee, commission or board of the Village is vested with the exclusive control and management of a fund, including the audit and approval of payments therefrom, independently of the Village Board, such payments shall be made by order checks issued by the Village Clerk upon the filing with him of certified bills, vouchers or schedules signed by the proper officers of such committee, commission or board, giving the name of the claimant and the amount and nature of each payment.

(4) Withdrawal or disbursement of moneys deposited in a public depository by a treasurer other than the official Village Clerk shall be by check signed by the person or persons designated by written authorization of the Village Board. Any public depository shall be fully warranted and protected in making payments in accordance with the latest authorization on file therewith.

(5) The Village Clerk shall not issue any order in excess of funds available or appropriated for the purposes for which such order is drawn, unless authorized by a resolution adopted by the affirmative vote of a 2/3 majority of all members of the Village Board.

3.07 PUBLIC DEPOSITORIES.

(1) The Village Board shall designate the public depository or depositories within this State within which Village funds shall be deposited and, when money is deposited in such depository in the name of the Village, the Clerk and bondsman shall not be liable for such losses as are defined by State law. The interest arising therefrom shall be paid into the Village treasury.

(2) The Palmyra State Bank shall be the depository for all Village funds and the Village President, Clerk, Treasurer and deputy treasurer may sign on behalf of the Village all necessary checks and other withdrawal orders of Village funds.

3.08 LETTING OF CONTRACTS.

As a complete alternative to the requirements established by §§61.54 and 61.55, Wis. Stats., §62.15, Wis. Stats., shall apply to Village contracts. The authority vested in the Board of Public Works by §62.15 shall be exercised by the Village Board, or as delegated by the Village Board.

3.09 DUPLICATE TREASURER'S BOND.

(1) ELIMINATED. The Village elects not to give the bond on the Village Treasurer provided for by §70.67(1), Wis. Stats.

(2) VILLAGE LIABLE FOR DEFAULT OF TREASURER. Pursuant to §70.67(2), Wis. Stats., the Village shall pay, if the Treasurer fails to do so, all State and county taxes required by law to be paid by such Treasurer to the county treasurer.

3.10 TEMPORARY INVESTMENT OF FUNDS NOT IMMEDIATELY NEEDED.

The Treasurer may invest any Village funds not immediately needed, pursuant to §66.04(2), Wis. Stats.

3.11 SPECIAL ASSESSMENTS.

(1) VILLAGE BOARD MAY LEVY SPECIAL ASSESSMENTS.

(a) The Village by resolution of its Village Board may levy and collect special assessments upon property in a limited and determinable area for special benefits conferred upon such property by any municipal work or improvement and may provide for the payment of all or any part of the cost of the work or improvement.

(b) The amount assessed against any property for any work or improvement which does not represent an exercise of the police power shall not exceed the value of the benefits accruing to the property therefrom and for those representing an exercise of the police power, the assessment shall be upon a reasonable basis as determined by the Village Board.

(2) RESOLUTION AND REPORT REQUIRED.

(a) Prior to making any such special assessments, the Village Board shall declare by preliminary resolution its intention to exercise such powers for a stated municipal purpose. Such resolution shall describe generally the contemplated purpose, the limits of the proposed assessment district, the number of installments in which the special assessment may be paid or that the number of installments will be determined at the hearing required under sub. (5) and direct the proper municipal officer or employee to make a report thereon. Such resolution may limit the proportion of the cost to be assessed.

(b) The report required by par. (a) shall consist of:

1. Preliminary or final plans and specifications.

2. An estimate of the entire cost of the proposed work or improvement.

3. An estimate as to each parcel of property affected of:

a. The assessment of benefits to be levied.

b. The damages to be awarded for property taken or damaged.

c. The net amount of such benefits over damages or the net amount of such damages over benefits.

(c) A statement that the property against which the assessments are proposed is benefited, where the work or improvements constitutes an exercise of the police power. In such case the estimates required under par. (b) shall be replaced by a schedule of the proposed assessments.

(d) A copy of the report when completed shall be filed with the Village Clerk for public inspection.

(3) COSTS THAT MAY BE PAID BY SPECIAL ASSESSMENT. The cost of any work or improvement to be paid in whole or in part by special assessment on property may include the direct and indirect cost thereof, the damages occasioned thereby, the interest on bonds or notes issued in anticipation of the collection of the assessments, a reasonable charge for the services of the administrative staff of the Village and the cost of any architectural, engineering and legal services and any other item of direct or indirect cost which may reasonably be attributed to the proposed work or improvement. The amount to be assessed against all property for any such proposed work or improvement shall be apportioned among the individual parcels in the manner designated by the Village Board.

(4) EXEMPTIONS; DEDUCTIONS.

(a) If any property deemed benefited shall by reason of any provision of law be exempt from assessment therefor, such assessment shall be computed and shall be paid by the Village.

(b) A parcel of land against which has been levied a special assessment for the sanitary sewer or water main laid in one of the streets upon which it abuts shall be entitled to such deduction or exemption as the Village Board determines to be reasonable and just under the circumstances of each case, when a special assessment is levied for the sanitary sewer or water main laid in the other street upon which such corner lot abuts. Under any circumstance, the assessment will not be less than the long way of such lot. The Village Board may allow a similar deduction or exemption from special assessments levied for any other public improvement.

(5) NOTICE OF PROPOSED OR APPROVED PROJECT. On the completion and filing of the report required in par. (2)(d), the Village Clerk shall give notice stating the nature of the proposed or approved work or improvement, the general boundary lines of the proposed assessment district, the place and time at which the report may be inspected and the place and time at which all interested persons, their agents or attorneys may appear before the Village Board or committee thereof and be heard concerning the matters contained in the preliminary resolution and report. Such notice shall be given either by publication in the Palmyra Enterprise, the official Village newspaper or posted in not less than 3 public places within the Village and a copy of such notice shall be mailed to each interested person whose post office address is known. The hearing shall commence not less than 10 days and not more than 40 days after the publication or posting of such notice.

(6) BOARD ACTIONS AFTER HEARING.

(a) After the hearing, the Village Board may approve, disapprove, modify or reefer the report to the designated officer or employee with such directions as it deems necessary to change the plans and specifications so as to accomplish a fair and equitable assessment.

(b) If an assessment be made against any property and an award of compensation or damage be made in favor of the property, the Village Board shall assess only the difference between such assessment of benefits and the award of compensation or damage.

(c) If the work or improvement has not been previously authorized or approved, the Village Board shall approve the work or improvement and by resolution direct that the same be done and paid for in accordance with the report finally approved.

(d) If the work or improvement has been approved by the Village Board or work commenced or completed prior to the filing of the report or prior to the hearing, then the Village Board shall by resolution confirm the report as made or modified and provide for payment in whole or in part by assessment.

(e) The Village Clerk shall publish the final resolutions as required in sub. (5).

(f) After the publication of the final resolution, any work or improvement provided for and not yet authorized shall be deemed fully authorized and all awards of compensation or damage and all assessments made shall be deemed duly and properly made, subject to the right of appeal by §66.60 (12), Wis. Stats., or any other applicable provision of law.

(7) COMBINED ASSESSMENTS. If more than a single improvement is undertaken, the Village Board may combine the assessments as a single assessment on each property affected, except that the property owner may object to any one or more of such improvements.

(8) BOARD'S POWER TO AMEND, CANCEL OR CONFIRM SPECIAL ASSESSMENT. If after completion or after the receipt of bids, the actual cost of any work or improvement is found to vary materially from the original estimate or the assessment is void or invalid for any reason or if the Village Board determines to reconsider an assessment, it is empowered after giving notice as required in sub. (5) to amend, cancel or confirm any prior assessment and notice of this amending, canceling or confirming shall be given by the Village Clerk as provided in sub. (6).

(9) WHERE COST OF IMPROVEMENT IS LESS THAN ASSESSMENT. If the cost of the work or improvement is less than the assessment levied, the Village Board without notice or hearing shall reduce each assessment proportionately. If the assessment has been paid either in part or in full, the Village shall refund the property owner such overpayment.

(10) APPEALED ASSESSMENTS PAYABLE WHEN DUE. Pursuant to §66.60(12)(f), Wis. Stats., it shall be a condition to the maintenance of any appeal that any assessment appealed shall be paid when due and payable and, upon default in payment, any such appeal shall be dismissed.

(11) SPECIAL ASSESSMENT A LIEN ON PROPERTY. Pursuant to §66.60(15), Wis. Stats., any special assessment levied under this section shall be a lien on the property against which it is levied on behalf of the Village. The Village Board shall provide for the collection of such assessments and may establish penalties for payment after the due date. The Village Board shall provide that all assessments not paid by the date specified shall be extended upon the tax roll as a delinquent tax against the property and all proceedings in relation to the collection of such delinquent taxes shall apply to such assessment, except as otherwise provided by statute.

(12) SPECIAL CHARGES PERMISSIBLE.

(a) In addition to all other methods provided by law, special charges for current services may be imposed by the Village Board by allocating all or part of the cost to the property served. Charges may include snow and ice removal; weed elimination; street sprinkling, oiling or tarring; repair of sidewalks or curb and gutter; garbage and refuse disposal; sewer service; and tree care or removal. The provision for notice of such charges shall be optional with the Village Board, except that in the case of street, sidewalk, curb or gutter repair, 20 days' notice shall be given by publication in the Palmyra Enterprise, the official Village newspaper, or by posting such notice in 3 places in the Village and a copy of such notice mailed to every interested person whose post office address is known at least 10 days before the hearing or proceeding. Such notice shall specify that on a certain date a hearing will be held by the Village Board as to whether the service in question shall be performed.

(b) Such special charges shall not be payable in installments. If not paid within the period fixed by the Village Board, such delinquent charge shall become a lien as provided in subsection (11).

(c) Paragraph (2)(a) shall not be applicable to proceedings under this subsection.

(13) MISCELLANEOUS PROVISIONS.

(a) If any assessment or charge levied under this section is invalid because such statutes are found to be unconstitutional, the Village Board may thereafter reassess such assessment or charge pursuant to the provisions of any applicable law.

(b) The Village Board may, without notice or hearing, levy and assess all or any part of the cost of any work or improvement upon the property benefited if notice and hearing is waived in writing by property owners affected.

(c) Notwithstanding any other provision of law, this section or other ordinance or resolution, it is specifically intended and provided by this section that the Village may levy special assessments for work or improvement against the property benefited either before or after the approval of the work plans and specifications, contracting for the work or completing the work or improvement.

3.12 CHARGE TO BENEFITING OWNERS FOR PROFESSIONAL FEES. (Cr. #93-3; Rep. & recr. #06-17)

(1) PROFESSIONAL FEES CHARGED BACK. The Village Treasurer shall charge property owners fees for services, pursuant to §66.0627, Wis. Stats., in the following circumstances:

(a) Whenever a property owner contacts the Village Attorney, Village Engineer, Village Planner and/or other of the Village's professional staff, whether such professional staff is employed by the Village or independently contracted, if said contact and subsequent service results in any charge to the Village of Palmyra for professional time and services and said services are not a service supplied to the Village of Palmyra as a whole the Village Treasurer shall charge all such professional charges incurred by the Village to such property owner(s) pursuant to §66.0627, Wis. Stats.; or

(b) Whenever the Village Chairman, Village Board, Village Clerk, or other Village official contacts the Village Attorney, Village Engineer, Village Planner, or any other professional on the Village's behalf, whether such professional(s) is/are employed by the Village or independently contracted, regarding an application received from a property owner, if said contact and subsequent service results in any charge(s) to the Village of Palmyra for professional time and services and said service(s) are not supplied to the Village of Palmyra as a whole the Village Treasurer shall charge the professional charges incurred by the Village to such property owner(s) pursuant to §66.0627, Wis. Stats.; or

(c) Whenever the Village incurs professional fees in considering any certified survey map(s), subdivision plat(s), rezoning petition(s), conditional use permit petition(s), site development application(s), and/or other petition(s) related to the development of land in the Village the Village Treasurer shall charge the professional charges incurred by the Village to such property owner(s) pursuant to §66.0627, Wis. Stats. For purposes of this subsection, "professional fees" shall include any charge(s) incurred by the Village from the Village Engineer, the Village Attorney, Village Planner or any other professional, whether such professional is employed by the Village or independently contracted.

(2) PROPERTY OWNER ALLOWED TIME TO PAY OR APPEAL. The Village Treasurer shall give the property owner(s) billed for current services as provided for herein notice that they shall have a specified period of time not more than 30 days to pay. Said notice shall include an itemized statement of the professional services fees being charged to the property owner(s) and shall also state that the property owner has 15 days from the date of the notice to request a hearing before the Village Board regarding such itemized professional service fees. Thereafter, if the property owner requests a hearing within the proper time period, the matter shall proceed as described in subsection (3) below, entitled "Appeal to Village Board". If no hearing is requested within the required time period and any charge remains unpaid after 30 days, the Village Treasurer shall automatically charge all delinquent amounts, together with any interest and penalties, against the property on the tax roll as provided by law. In the event the statement rendered to the property owner becomes delinquent too late in the year to be extended on that year's tax roll, then the delinquent charges shall be extended to the following year's tax roll together with any interest and penalties.

(3) APPEAL TO VILLAGE BOARD. Upon receipt of a timely request for hearing, the Village Board shall hold a hearing regarding the property charges at its next scheduled meeting or as soon thereafter as is feasible. Such hearing shall be preceded by posted public notice and reasonable notice, via first class mail, to the property owner. In the event a hearing is requested, no charges shall be placed on the tax roll unless and until such hearing has been held and a decision has been rendered by the Village Board approving the itemized professional service charges in whole or in part. Only that part of the itemized charges for special services approved by the Village Board 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 hearing.

(4) COLLECTION OPTIONS. The Village, in addition or instead of the above, may follow any other legal means to collect amounts due and owing under this section.