60.307 History History: 1983 a. 532; 1993 a. 246; 1999 a. 150 s. 672.
60.31 60.31 Official oath and bond.
60.31(3)(a)(a) An elected assessor shall take and file the official oath and bond at any time between May 27 to May 31.
60.31(3)(b) (b) Municipal judges shall take and file the official oath and bond under s. 755.03.
60.32 60.32 Compensation of elective town offices.
60.32(1)(1) Established by town meeting or board.
60.32(1)(a)(a) Except as provided under par. (b) and s. 66.0507, the town meeting shall establish the compensation of elective town offices.
60.32(1)(b) (b) If authorized by the town meeting under s. 60.10 (2) (k), the town board shall establish the compensation of elective town offices, other than the office of town board supervisor.
60.32(2)(a) (a) An annual salary.
60.32(2)(b) (b) A per diem compensation for each day or part of a day necessarily devoted to the service of the town and the discharge of duties.
60.32(2)(c) (c) A combination of pars. (a) and (b).
60.32(3) (3)Changes during term. Subject to sub. (4), the town meeting or, if authorized to establish compensation, the town board may make a change in the compensation of an elective town office to take effect during the term of office.
60.32(4) (4)When established. Compensation under this section shall be established prior to the latest date and time for filing nomination papers for the office. After that date and time, no change may be made in the compensation of the office that applies to the current term of office.
60.321 History History: 1983 a. 532.
60.323 60.323 Compensation when acting in more than one official capacity. Except for offices combined under s. 60.305, no town may compensate a town officer for acting in more than one office of the town at the same time.
60.323 History History: 1983 a. 532; 2001 a. 16.
60.33 60.33 Duties of town clerk. The town clerk shall:
60.33(2)(a)(a) Serve as clerk of the town board, attend meetings of the board and keep a full record of its proceedings.
60.33(4)(a)(a) Perform the duties required by chs. 5 to 12 relating to elections.
60.33(4)(b) (b) Transmit to the county clerk, within 10 days after election or appointment and qualification of any town supervisor, treasurer, assessor or clerk, a written notice stating the name and post-office address of the elected or appointed officer. The clerk shall promptly notify the county clerk of any subsequent changes in such offices.
60.33(4)(c) (c) Transmit to the clerk of circuit court, immediately after the election or appointment of any constable or municipal judge in the town, a written notice stating the name of the constable or municipal judge and the term for which elected or appointed. If the judge or constable was elected or appointed to fill a vacancy in the office, the clerk shall include in the notice the name of the incumbent who vacated the office.
60.33(5) (5)Sale of real property. Execute the conveyance of real property of the town.
60.33(6)(a)(a) Publish or post ordinances and resolutions as required under s. 60.80.
60.33(7) (7)Records.
60.33(7)(a)(a) Comply with subch. II of ch. 19 concerning any record of which the clerk is legal custodian.
60.33(8m) (8m)Street trade permits. Stamp or endorse street trade permits at the request of an employer under s. 103.25 (3m) (b).
60.33(8p) (8p)Traveling sales crew worker permits. Stamp or endorse traveling sales crew worker permits at the request of an employer under s. 103.34 (11) (c).
60.33(9) (9)Schools.
60.33(9)(b) (b) Within 10 days after the clerk's election or appointment, report his or her name and post-office address to the administrator of each cooperative educational service agency which contains any portion of the town. The clerk shall report to the administrator the name and post-office address of each school district clerk within 10 days after the name and address is filed in the clerk's office.
60.33(9)(d) (d) Apportion, as provided by law, tax revenues collected by the town for schools.
60.33(10) (10)Highways and bridges. Perform the duties specified in chs. 82 to 92, relating to highways, bridges and drains.
60.33(10m) (10m)Notice of property tax revenue. Notify the treasurer of the county in which the town is located, by February 20, of the proportion of property tax revenue and of the credits under s. 79.10 that is to be disbursed by the taxation district treasurer to each taxing jurisdiction located in the town.
60.33 Note NOTE: 2003 Wis. Act 214, which affected this section, contains extensive explanatory notes.
60.331 History History: 1983 a. 532.
60.34(1)(a)(a) Except as provided in s. 66.0608, receive and take charge of all money belonging to the town, or which is required by law to be paid into the town treasury, and disburse the money under s. 66.0607.
60.34(2)(b) (b) When money is deposited under par. (a), the treasurer and the treasurer's sureties are not liable for any loss as defined in s. 34.01 (2). The interest arising from the money deposited shall be paid into the town treasury.
60.34(3) (3)Records. Comply with subch. II of ch. 19 concerning records of which the treasurer is legal custodian.
60.34(4) (4)Taxes. Perform all of the duties relating to taxation required of the town treasurer under chs. 70 to 79.
60.341 60.341 Deputy town treasurer. Each town treasurer may appoint a deputy for whom the treasurer is responsible. The deputy shall take and file the official oath and bond under s. 60.31. In case of the absence, sickness or other disability of the treasurer, the deputy shall perform the treasurer's duties.
60.341 History History: 1983 a. 532.
60.351 60.351 Town constable fees.
60.351(1) (1) Town constables shall collect the fees prescribed for sheriffs in s. 814.70 for similar services, unless a higher fee is applicable under s. 814.705 (1) (d).
60.351(2) (2) If any person except a party to an action performs the services of a town constable, the person shall collect the fees to which the town constable would be entitled.
60.37(4)(b)1.1. Except as provided in subd. 2., the town meeting shall establish the hourly wage to be paid an elected town officer for serving as a town employee.
FINANCE
60.40 60.40 Preparation and adoption of budget.
60.40(1) (1) Fiscal year; annual budget. The town fiscal year is the calendar year. A town budget shall be adopted annually.
60.40 Annotation Article VIII, section 5 restricts the state from levying taxes to create a surplus having no public purpose. Although the constitutional provision does not apply directly to municipalities, the same limitation applies indirectly to them because the state cannot delegate more power than it has. 76 Atty. Gen. 77.
60.42 60.42 Finance book. The town clerk shall maintain a finance book under s. 60.33 (3).
60.43(2) (2)Audit of combined clerk and treasurer office. If the offices of town clerk and town treasurer are combined under s. 60.305 (1) (a), the town board shall arrange for an audit of the town financial records at least once every year. The audit may be conducted either by a certified public accountant, appointed by the town board and not otherwise employed by the town, or by the department of revenue if the department provides such a service.
60.43 History History: 1983 a. 532; 1999 a. 150 s. 672.
60.44(1) (1) General procedure.
60.44(1)(a)(a) Claims for money against a 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 s. 893.80 (1d) (b). This paragraph does not apply to actions commenced under s. 19.37, 19.97 or 281.99.
60.44(1)(b) (b) The town board shall allow or disallow the claim. Notice of disallowance shall be made as provided under s. 893.80 (1g).
60.44(2)(a)(a) The town board, by ordinance, may provide a procedure for approving financial claims against the town which are in the nature of bills and vouchers. The ordinance shall provide that payment may be made from the town treasury under s. 66.0607 after the town clerk reviews and approves in writing each bill or voucher as a proper charge against the treasury, after having determined that:
60.44(2)(a)1. 1. Funds are available under the town budget to pay the bill or voucher.
60.44(2)(a)2. 2. The item or service covered by the bill or voucher has been duly authorized.
60.44(2)(a)4. 4. The claim appears to be a valid claim against the town.
60.45 History History: 1983 a. 532; 1999 a. 150 s. 672.
60.46 History History: 1983 a. 532; 1985 a. 25 s. 15.
60.47(1)(b) (b) "Responsible bidder" means 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.
60.47(2)(b) (b) No town may 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. The town board may provide for additional means of advertising for bids.
60.47(3) (3)Contracts to lowest responsible bidder. The town board shall let a public contract for which advertising for proposals is required under sub. (2) (b) to the lowest responsible bidder. Section 66.0901 applies to public contracts let under sub. (2) (b).
60.47 Annotation An unsuccessful bidder was not entitled to maintain a suit for damages, but was instead required to seek an injunction. Only if the bidder successfully obtained an injunction would it be entitled to limited damages, not including lost profits, as, if successful, the bidder could force the town to award it the contracts, or alternatively, to relet them. D.M.K., Inc. v. Town of Pittsfield, 2006 WI App 40, 290 Wis. 2d 474, 711 N.W.2d 672, 05-0221.
subch. VII of ch. 60 SUBCHAPTER VII
60.50(1) (1)Acquire lands. Notwithstanding s. 60.10 (2) (e), acquire lands to lay, construct, alter, extend or repair any highway, street or alley in the town.
60.50(2) (2)Streets, sewers and service mains. Provide for laying, constructing, altering, extending, replacing, removing or repairing any highway, street, alley, sanitary sewer, storm sewer, water main or any other service pipes, under s. 62.16 (2) (d), in the town.
60.50(3) (3)Sidewalks. Provide for construction, removal, replacement or repair of sidewalks under s. 66.0907.
60.50(5) (5)Lake improvements. Provide for making improvements in any lake or waterway located in the town.
60.50 History History: 1983 a. 532; 1993 a. 246; 1995 a. 185; 1999 a. 150 s. 672.
60.52(2) (2) An abutting property owner who is permitted to connect with and use a sewer or water system constructed under sub. (1) may not be deprived of the use of the sewer or water system, except for nonpayment of water or sewer charges, without the approval of the town board.
60.53 60.53 Service pipes and laterals. Sections 62.16 (2) and 66.0911, relating to service pipes and laterals, are applicable to towns.
60.54(2) (2) Any person violating a prohibition enacted under sub. (1) shall forfeit not more than $1,000.
60.54 History History: 1983 a. 532; 1995 a. 227.
60.55 60.55 Fire protection.
60.55(1)(1) General authority.
60.55(1)(a)(a) The town board shall provide for fire protection for the town. Fire protection for the town, or any portion of the town, may be provided in any manner, including:
60.55(1)(a)2. 2. Joining with another town, village or city to establish a joint fire department. If the town board establishes a joint fire department with a village under s. 61.65 (2) (a) 3., the town board shall create a joint board of fire commissioners with the village under s. 61.65 (2) (b) 2.
60.55(1)(a)3. 3. Contracting with any person.
60.55(1)(a)4. 4. Utilizing a fire company organized under ch. 213.
60.55(1)(a)5. 5. Creating a combined protective services department under s. 60.553.
60.55(1)(b) (b) The town board may provide for the equipping, staffing, housing and maintenance of fire protection services.
60.55(2) (2)Funding. The town board may:
60.55(2)(b) (b) Charge property owners a fee for the cost of fire protection provided to their property under sub. (1) (a) according to a written schedule established by the town board.
60.55(2)(c) (c) Levy taxes on the entire town to pay for fire protection.
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2011-12 Wisconsin Statutes updated through 2013 Wis. Act 380 and all Supreme Court Orders entered before Dec. 13, 2014. Published and certified under s. 35.18. Changes effective after Dec. 13, 2014 are designated by NOTES. (Published 12-13-14)