AB710, s. 306
19Section
306. 66.185 of the statutes is renumbered 66.0137 (5) and amended
20to read:
AB710,209,721
66.0137
(5) Hospital, accident and life insurance. Nothing in the statutes
22shall be construed to limit the authority of the state or municipalities, as defined in
23s. 345.05, to The state or a local governmental unit may provide for the payment of
24premiums for hospital, surgical and other health and accident insurance and life
25insurance for employes and officers and their spouses and dependent children
, and
1such authority is hereby granted. A
municipality local governmental unit may also
2provide for the payment of premiums for hospital and surgical care for its retired
3employes. In addition, a
municipality local governmental unit may, by ordinance or
4resolution, elect to offer to all of its employes a health care coverage plan through a
5program offered by the group insurance board under ch. 40.
Municipalities which
6elect A local governmental unit that elects to participate under s. 40.51 (7)
shall be 7is subject to the applicable sections of ch. 40 instead of this
section subsection.
AB710, s. 307
8Section
307. 66.186 of the statutes is renumbered 62.61 and amended to read:
AB710,209,24
962.61 Health insurance; first 1st class cities. The common council of
any 10a 1st class city may, by ordinance or resolution, provide for
, including the payment
11of premiums of, general hospital, surgical and group insurance for both active and
12retired city officers and city employes and their respective dependents
and for
13payment of premiums therefor in private companies, or may, by ordinance or
14resolution, elect to offer to all of its employes a health care coverage plan through a
15program offered by the group insurance board under ch. 40. Municipalities which
16elect to participate under s. 40.51 (7)
shall be
are subject to the applicable sections
17of ch. 40 instead of this section. Contracts for
such insurance
under this section may
18be entered into for active officers and employes separately from
such contracts for
19retired officers and employes. Appropriations may be made for the purpose of
20financing
such insurance
under this section. Moneys accruing to
such a fund
to
21finance insurance under this section, by investment or otherwise,
shall may not be
22diverted for any other purpose than those for which
such the fund was set up or to
23defray management expenses of
such the fund or to partially pay premiums
so as to
24reduce costs to the city or to persons covered by
such
the insurance, or both.
AB710, s. 308
25Section
308. 66.187 of the statutes is renumbered 62.59.
AB710, s. 309
1Section
309. 66.189 of the statutes is renumbered 62.67.
AB710, s. 310
2Section
310. 66.19 of the statutes is renumbered 66.0509, and 66.0509 (1) to
3(4), as renumbered, are amended to read:
AB710,210,164
66.0509
(1) Any city or village may proceed under s. 61.34 (1), 62.11 (5) or
66.01 566.0101 to establish a civil service system of selection, tenure and status, and the
6system may be made applicable to all municipal personnel except the chief executive
7and members of the governing body, members of boards and commissions including
8election officials, employes subject to s. 62.13, members of the judiciary and
9supervisors. Any town may establish a civil service system under this subsection.
10For veterans there shall be no restrictions as to age, and veterans and their spouses
11shall be given preference points in accordance with s. 230.16 (7). The system may
12also include uniform provisions in respect to attendance, leave regulations,
13compensation and payrolls for all personnel included
thereunder in the system. The
14governing body of any city, village or town establishing a civil service system under
15this section may exempt from the system the librarians and assistants subject to s.
1643.09 (1).
AB710,210,21
17(2) (a) Any town may establish a civil service system under sub. (1) and in
such 18the departments
as that the town board may determine. Any person who has been
19employed in
any such a department for more than 5 years
prior to before the
20establishment of
such a civil service
system applicable to that department is eligible
21to appointment without examination.
AB710,210,2522
(b) Any town not having a civil service system and having exercised the option
23of placing assessors under civil service under s. 60.307 (3) may establish a civil
24service system for assessors under sub. (1), unless
such the town has come within the
25jurisdiction of a county assessor under s. 70.99.
AB710,211,6
1(3) When any town has established a system of civil service, the ordinance
2establishing the system may not be repealed for a period of 6 years after its
3enactment, and
thereafter after the 6-year period it may be repealed only by
4proceedings under s. 9.20 by referendum vote. This subsection
shall does not apply
5where if a town comes, before the expiration of the 6 years, within the jurisdiction
6of a county assessor under s. 70.99.
AB710,211,12
7(4) Any civil service system established under the provisions of this section
8shall provide for the appointment of a civil service board or commission and for the
9removal of the members of
such the board or commission for cause by the mayor with
10approval of the council,
and in cities organized under the provisions of ss. 64.01 to
1164.15 by the city manager and the council
in a city organized under ss. 64.01 to 64.15,
12and by the board in
villages and towns a village or town.
AB710, s. 311
13Section
311. 66.192 of the statutes is renumbered 66.0503, and 66.0503 (1)
14(intro.) and (b), (3), (4) and (5), as renumbered, are amended to read:
AB710,211,1615
66.0503
(1) (intro.) The office of county supervisor may be consolidated by
16charter ordinance under s.
66.01 61.1895 or 66.0101:
AB710,211,1917
(b) With the office of alderperson or council member in any city in which the
18district from which
such the alderperson or council member is elected is coterminous
19with the boundaries of any supervisory district established under s. 59.10 (3).
AB710,211,22
20(3) Removal from office of any incumbent of
such consolidated office shall
21vacate said an office consolidated under this section vacates the office in its entirety
22whether effected under ss. 17.09, 17.12 and 17.13 or other pertinent statute.
AB710,211,25
23(4) Compensation for
such consolidated office an office consolidated under this
24section shall be separately established by the several governing bodies affected
25thereby by the consolidation as though no consolidation of offices had occurred.
AB710,212,2
1(5) Tenure for
such combination officer an officer of an office consolidated under
2this section shall coincide with the term for county supervisors.
AB710, s. 312
3Section
312. 66.196 of the statutes is renumbered 66.0505 and amended to
4read:
AB710,212,10
566.0505 Compensation of governing bodies. An elected official of any
6county, city, town or village, who by virtue of the office held by that official is entitled
7to participate in the establishment of the salary attending that office, shall not
8during the term of
such the office collect salary in excess of the salary provided at the
9time of that official's taking office. This provision is of statewide concern and applies
10only to officials elected after October 22, 1961.
Note: Repeals s. 66.197, which authorizes a county board to increase the salary
of an elected official during the official's term of office. The statute is in direct
conflict with s. 59.22 (1) (a) 1., which prohibits the increase or decrease of an
elected official's salary during the official's term of office. Section 66.197 is
repealed and s. 59.22 (1) (a) 1. is retained since the policy of the latter statute
expresses the typical Wisconsin practice regarding the salary of an elected
official.
AB710, s. 314
12Section
314. 66.199 of the statutes is renumbered 66.0507.
AB710, s. 315
13Section
315. 66.20 of the statutes is renumbered 200.01, and 200.01 (intro.),
14as renumbered, is amended to read:
AB710,212,17
15200.01 Metropolitan sewerage districts, definitions. (intro.) Unless the
16context requires otherwise, for the purposes of
ss. 66.20 to 66.26 this subchapter, the
17following terms have the designated meanings:
AB710, s. 316
18Section
316. 66.21 of the statutes is renumbered 200.03 and amended to read:
AB710,212,21
19200.03 Applicability. Sections 66.20 to 66.26 shall apply This subchapter
20applies to all areas of the state except those areas included in a metropolitan
21sewerage district created under ss.
66.88 200.21 to
66.918 200.65.
AB710, s. 317
1Section
317. 66.22 of the statutes is renumbered 200.05, and 200.05 (3) (b) and
2(6), as renumbered, are amended to read:
AB710,213,53
200.05
(3) (b) Conduct the hearing to permit any person to present any oral or
4written pertinent and relevant information relating to the purposes and standards
5of
ss. 66.20 to 66.26 this subchapter; and
AB710,213,9
6(6) No resolution for the formation of a district encompassing the same or
7substantially the same territory shall be made by any municipality for one year
8following the issuance of an order denying the formation under
ss. 66.20 to 66.26 this
9subchapter.
AB710, s. 318
10Section
318. 66.225 of the statutes is renumbered 200.07.
AB710, s. 319
11Section
319. 66.23 of the statutes is renumbered 200.09, and 200.09 (1), (9)
12and (10), as renumbered, are amended to read:
AB710,214,213
200.09
(1) A district formed under
ss. 66.20 to 66.26 this subchapter shall be
14governed by a 5-member commission appointed for staggered 5-year terms. Except
15as provided in sub. (11), commissioners shall be appointed by the county board of the
16county in which the district is located. If the district contains territory of more than
17one county, the county boards of the counties not having the greatest population in
18the district shall appoint one commissioner each and the county board of the county
19having the greatest population in the district shall appoint the remainder. Of the
20initial appointments, the appointments for the shortest terms shall be made by the
21counties having the least amount of population, in reverse order of their population
22included in the district. Commissioners shall be residents of the district. Initial
23appointments shall be made no sooner than 60 days and no later than 90 days after
24issuance of the department order forming a district or after completion of any court
25proceedings challenging such order. A per diem compensation not to exceed $50 may
1be paid to commissioners. Commissioners may be reimbursed for actual expenses
2incurred as commissioners in carrying out the work of the commission.
AB710,214,16
3(9) Chapter 276, laws of 1971, shall apply to every metropolitan sewerage
4district that had been operating, prior to April 30, 1972, under ss. 66.20 to 66.209,
51969 stats. Commissioners for such districts who were in office on April 30, 1972
6shall continue to serve until their respective terms are completed. The county board
7of the county having the greatest population in the district shall appoint 2 additional
8members to each such commission no sooner than 60 days and no later than 90 days
9after April 30, 1972. One such member shall have a 5-year term and one such
10member shall have a 4-year term. The county board of those counties having
11population within the district that did not appoint the preceding 2 members if any
12shall, each in turn according to their population in the district, appoint successors
13to each of the 3 commissioners who held office on April 30, 1972, until their allotted
14number of appointments, as specified under sub. (1) is filled. The governor may
15adjust terms of the successors to the 3 original commissioners in order that the
16appointment schedules are consistent with
s. 66.23
this section.
AB710,214,20
17(10) Sections
66.20 200.01 to
66.26 200.15 do not affect the continued validity
18of contracts and obligations previously entered into by a metropolitan sewerage
19district operating under ss. 66.20 to 66.209, 1969 stats., prior to April 30, 1972, nor
20validity of any such district.
AB710, s. 320
21Section
320. 66.24 of the statutes is renumbered 200.11, and 200.11 (1) (b) and
22(d) and (9), as renumbered, are amended to read:
AB710,215,423
200.11
(1) (b)
Plans. The commission shall prepare and by resolution adopt
24plans and standards of planning, design and operation for all projects and facilities
25which will be operated by the district or which affect the services to be provided by
1the district. Commissions may and are encouraged to contract with regional or
2area-wide planning agencies for research and planning services. The commission's
3plans shall be consistent with adopted plans of a regional planning commission or
4area-wide planning agency organized under s.
66.945
66.0309.
AB710,215,145
(d)
Rules. The commission may adopt rules for the supervision, protection,
6management and use of the systems and facilities operated by the district. Such
7rules may, in the interest of plan implementation, restrict or deny the provision of
8utility services to lands which are described in adopted master plans or development
9plans of a municipality or county as not being fit or appropriate for urban or
10suburban development. Rules of the district shall be adopted and enforced as
11provided by s.
66.902 200.45. Notwithstanding any other provision of law, such rules
12or any orders issued thereunder, may be enforced under s. 823.02 and the violation
13of any rule or any order lawfully promulgated by the commission is declared to be a
14public nuisance.
AB710,215,19
15(9) Extraterritorial service by contract. A district may provide service to
16territory outside the district, including territory in a county not in that district,
17under s.
66.30 66.0301, subject to ss.
66.20 200.01 to
66.26 200.15 and
66.902 200.45,
18except that s.
66.23 200.09 (1) does not require the appointment of a commissioner
19from that territory.
AB710, s. 321
20Section
321. 66.25 of the statutes is renumbered 200.13, and 200.13 (1) (i), (j),
21(m) and (n) (intro.), (2), (3) (a), (4), (12) and (13), as renumbered, are amended to read:
AB710,216,422
200.13
(1) (i) The owner of any parcel of real estate affected by the
23determination and assessments may, within 20 days after the date of such
24determination, appeal to the circuit court of the county in which the land is situated,
25and s.
66.60 66.0703 (12) shall apply to and govern such appeal, however the notice
1therein required to be served upon the city clerk shall be served upon the district, and
2the bond therein provided for shall be approved by the commission and the duties
3therein devolving upon the city clerk shall be performed by the president of the
4commission.
AB710,216,115
(j) The commission may provide that the special assessment may be paid in
6annual instalments not more than 10 in number, and may, for the purpose of
7anticipating collection of the special assessments, and after said instalments have
8been determined, issue special improvement bonds payable only out of the special
9assessment, and s.
66.54 66.0713 shall apply to and govern the instalment payments
10and the issuance of said bonds, except that the assessment notice shall be
11substantially in the following form:
AB710,216,1212
INSTALMENT ASSESSMENT NOTICE
AB710,216,2213
Notice is hereby given that a contract has been (or is about to be) let for (describe
14the improvements) and that the amount of the special assessment therefor has been
15determined as to each parcel of real estate affected thereby, and a statement of the
16same is on file with the commission; that it is proposed to collect the same in ....
17instalments, as provided by s.
66.54 66.0713, with interest thereon at ....% per year;
18that all assessments will be collected in instalments, as above provided, except such
19assessments as the owners of the property shall, within 30 days from the date of this
20notice, file with the commission a statement in writing that they elect to pay in one
21instalment, in which case the amount of the instalment shall be placed upon the next
22ensuing tax roll.
AB710,216,2423
(m) Section
66.60 (17) 66.0703 (14) shall be applicable to assessments made
24under this section.
AB710,217,11
1(n) (intro.) The commission may provide for a deferred due date on the levy of
2the special assessment as to real estate which is in agricultural use or which is
3otherwise not immediately to receive actual service from the sewer or other facility
4for which the assessment is made. Such assessments shall be payable as soon as such
5lands receive actual service from the sewer or other facility. Any such special
6assessments shall be a lien against the property from the date of the levy. For the
7purpose of anticipating collection of special assessments for which the due date has
8been deferred, the commission may issue special improvement bonds payable only
9out of the special assessments. Section
66.54 66.0713 shall apply to and govern the
10issuance of bonds, except that the assessment notice shall be substantially in the
11following form:
AB710,217,21
12(2) Tax levy. The commission may levy a tax upon the taxable property in the
13district as equalized by the department of revenue for state purposes for the purpose
14of carrying out and performing duties under
ss. 66.20 to 66.26 this subchapter but
15the amount of any such tax in excess of that required for maintenance and operation
16and for principal and interest on bonds or promissory notes shall not exceed, in any
17one year, one mill for each dollar of the district's equalized valuation, as determined
18under s. 70.57. The tax levy may be spread upon the respective real estate and
19personal property tax rolls of the city, village and town areas included in the district
20taxes, and shall not be included within any limitation on county or municipality
21taxes. Such moneys when collected shall be paid to the treasurer of such district.
AB710,218,2
22(3) (a) The commission may establish service charges in such amount as to meet
23all or part of the requirements for the construction, reconstruction, improvement,
24extension, operation, maintenance, repair and depreciation of functions authorized
1by
ss. 66.20 to 66.26 this subchapter, and for the payment of all or part of the principal
2and interest of any indebtedness incurred thereof.
AB710,218,5
3(4) Borrowing. A district under
ss. 66.20 to 66.26 this subchapter may borrow
4money and issue municipal obligations under ss.
66.066
66.0621 and
66.54 66.0713 5and ch. 67.
AB710,218,11
6(12) Exemption from levies. Lands designated as permanent open space,
7agricultural protection areas or other undeveloped areas not to be served by public
8sanitary sewer service in plans adopted by a regional planning commission or other
9area-wide planning agency organized under s.
66.945
66.0309 and approved by the
10board of supervisors of the county in which the lands are located shall not have
11property taxes, assessments or service charges levied against them by the district.
AB710,218,14
12(13) Application of other laws. Section
66.076 66.0821 shall apply to all
13districts now or hereafter organized and operating under
ss. 66.20 to 66.26 this
14subchapter.
AB710, s. 322
15Section
322. 66.26 of the statutes is renumbered 200.15, and 200.15 (2) and
16(4), as renumbered, are amended to read:
AB710,218,2317
200.15
(2) Proceedings leading to the addition of other territory to a district
18may be initiated by petition from a municipal governing body or upon motion of the
19commission. Upon receipt of the petition or upon adoption of the motion, the
20commission shall hold a public hearing preceded by a class 2 notice under ch. 985.
21The commission may approve the annexation upon a determination that the
22standards of ss.
66.22 200.05 (4) (b) and (c) and
66.26 200.15 (3) are met. Approval
23actions by the commission under this section shall be subject to review under ch. 227.
AB710,219,2
24(4) Section
66.23 200.09 (1) does not require the appointment of a commissioner
25from territory annexed under this section if that territory, on the day before the
1annexation, has a population of less than 8.5% of the total population served by the
2district.
AB710, s. 323
3Section
323. 66.27 of the statutes is renumbered 66.1025 and amended to
4read:
AB710,219,13
566.1025 Relief from conditions of gifts and dedications. (1) If the
6governing body of a county, city, town or village accepts a gift or dedication of land
7made on condition that the land be devoted to a special purpose, and the condition
8subsequently becomes impossible or impracticable,
such
the governing body may by
9resolution or ordinance enacted by a two-thirds vote of its
members elect 10members-elect either to grant the land back to the donor or dedicator or the heirs
11of the donor or dedicator, or accept from the donor or dedicator or the heirs of the
12donor or dedicator, a grant relieving the county, city, town or village of the condition,
13pursuant to article XI, section 3a, of the constitution.
AB710,219,18
14(2) (a) If
such the donor or dedicator
of land to a county, city, town or village or
15the heirs of the donor or dedicator are unknown or cannot be found,
such the 16resolution or ordinance
described under sub. (1) may provide for the commencement
17of an action under this section for the purpose of relieving the county, city, town or
18village of the condition of the gift or dedication.
AB710,219,2219
(b) Any
such action
under this subsection shall be brought in a court of record
20in the manner provided in ch. 801. A lis pendens shall be filed or recorded as provided
21in s. 840.10 upon the commencement of the action. Service upon persons whose
22whereabouts are unknown may be made in the manner prescribed in s. 801.12.
AB710,219,2523
(c) The court may render judgment in
such action
an action under this
24subsection relieving the county, city, town or village of the condition of the gift or
25dedication.
AB710, s. 324
1Section
324. 66.28 (title) of the statutes is renumbered 66.0139 (title).
AB710, s. 325
2Section
325. 66.28 (1) to (4) of the statutes are renumbered 66.0139 (2) to (5)
3and amended to read:
AB710,220,184
66.0139
(2) Cities, villages, towns and counties A political subdivision may
5dispose of any personal property which has been abandoned, or remained unclaimed
6for a period of 30 days
, after the taking of possession of the property by
the city,
7village, town or county officers an officer of the political subdivision by any means
8determined to be in the best interest of the
city, village, town or county political
9subdivision. If the property is not disposed of in a sale open to the public,
every city,
10village, town and county the political subdivision shall maintain an inventory of
such 11the property
;, a record of the date and method of disposal, including the consideration
12received for the property, if any, and the name and address of the person taking
13possession of the property.
Such The inventory shall be kept as a public record for
14a period of not less than 2 years from the date of disposal of the property. Any means
15of disposal other than public auction shall be specified by ordinance. If the disposal
16is in the form of a sale, all receipts from the sale, after deducting the necessary
17expenses of keeping the property and conducting the sale, shall be paid into the
city,
18village, town or county treasury
of the political subdivision.
AB710,221,5
19(3) Cities, villages, towns and counties A political subdivision may safely
20dispose of abandoned or unclaimed flammable, explosive or incendiary substances,
21materials or devices posing a danger to life or property in their storage,
22transportation or use immediately after taking possession of the substances,
23materials or devices without a public auction. The
city, village, town or county 24political subdivision, by ordinance or resolution, may establish disposal procedures.
25Procedures may include provisions authorizing an attempt to return to the rightful
1owner substances, materials or devices which have a commercial value in the normal
2business usage and do not pose an immediate threat to life or property. If enacted,
3any such provision a disposal procedure shall include a presumption that if the
4substance, material or device appears to be or is reported stolen an attempt will be
5made to return the substance, material or device to the rightful owner.
AB710,221,16
6(4) Except as provided in s. 968.20 (3),
a 1st class
cities city shall dispose of
7abandoned or unclaimed dangerous weapons or ammunition without a public
8auction 12 months after taking possession of them if the owner has not requested
9their return.
Disposition Disposal procedures shall be established by ordinance or
10resolution and may include provisions authorizing an attempt to return to the
11rightful owner any dangerous weapons or ammunition which appear to be stolen or
12are reported stolen. If enacted,
any such provision
a disposal procedure shall include
13a presumption that if the dangerous weapons or ammunition appear to be or are
14reported stolen an attempt will be made to return the dangerous weapons or
15ammunition to the rightful owner. The dangerous weapons or ammunition
shall be 16are subject to sub.
(4) (5).
AB710,221,19
17(5) A
city, village, town or county
political subdivision may retain or dispose of
18any abandoned, unclaimed or seized dangerous weapon or ammunition only under
19s. 968.20.
AB710, s. 326
20Section
326. 66.285 of the statutes is renumbered 66.0135, and 66.0135 (1)
21(intro.), (c) and (d), (2) (a) and (b) 2. and (4) (intro.), as renumbered, are amended to
22read:
AB710,221,2323
66.0135
(1) Definitions. (intro.) In this section
and s. 66.286:
AB710,222,224
(c) "Local governmental unit" means a political subdivision of this state, a
25special purpose district in this state, an agency or corporation of
such a political
1subdivision or special purpose district, or a combination or subunit of any of the
2foregoing.
AB710,222,33
(d) "Subcontractor" has the meaning given in s.
66.29 66.0901 (1) (d).
AB710,222,11
4(2) (a) Except as provided in sub. (4) or as otherwise specifically provided, an
5agency that does not pay timely the amount due on an order or contract shall pay
6interest on the balance due from the 31st day after receipt of a properly completed
7invoice or receipt and acceptance of the property or service under the order or
8contract, whichever is later, or, if the agency does not comply with
s. 66.286 sub. (7),
9from the 31st day after receipt of an improperly completed invoice or receipt and
10acceptance of the property or service under the order or contract, whichever is later,
11at the rate specified in s. 71.82 (1) (a) compounded monthly.
AB710,222,1612
(b) 2. Within 30 days after receipt of a properly completed invoice or receipt and
13acceptance of the property or service under the order or contract, or, if the agency does
14not comply with
s. 66.286 sub. (7), within 30 days after receipt of an improperly
15completed invoice or receipt and acceptance of the property or service under the order
16or contract, whichever is later.
AB710,222,17
17(4) Exceptions. (intro.) Subsection (2) does not apply to
any of the following:
AB710, s. 327
18Section
327. 66.286 of the statutes is renumbered 66.0135 (7).
AB710, s. 328
19Section
328. 66.29 (title) and (1) (title) of the statutes are renumbered 66.0901
20(title) and (1) (title).
AB710, s. 329
21Section
329. 66.29 (1) (a) of the statutes is renumbered 66.0901 (1) (b) and
22amended to read:
AB710,222,2523
66.0901
(1) (b)
In this section, "person "Person" means an individual,
24partnership, association, limited liability company, corporation or joint stock
25company, lessee, trustee or receiver.
AB710, s. 330
1Section
330. 66.29 (1) (b) of the statutes is renumbered 66.0901 (1) (a) and
2amended to read:
AB710,223,73
66.0901
(1) (a) "Municipality" means the state
and any or a town, city, village,
4school district, board of school directors, sewer district, drainage district, technical
5college district or
any other public or quasi-public corporation, officer, board or other
6public body charged with the duty of receiving bids for and awarding any public
7contracts.
AB710, s. 331
8Section
331. 66.29 (1) (c) and (d) and (2) to (8) of the statutes are renumbered
966.0901 (1) (c) and (d) and (2) to (8) and amended to read:
AB710,223,1310
66.0901
(1) (c)
The term "public
"Public contract"
shall mean and include any 11means a contract for the construction, execution, repair, remodeling
, or improvement
12of
any a public work
, or building
, or for the furnishing of supplies
, or material of any
13kind
whatsoever, proposals for which are required to be advertised for by law.
AB710,223,1814
(d) "Subcontractor" means a person whose relationship to the principal
15contractor is substantially the same as to a part of the work as the latter's
16relationship is to the proprietor. A "subcontractor" takes a distinct part of the work
17in
such a way that the "subcontractor" does not contemplate doing merely personal
18service.
AB710,224,20
19(2) Bidder's proof of responsibility.
Every A municipality
, board or public
20body upon all contracts subject to this section intending to enter into a public contract 21may, before delivering any form for bid proposals, plans and specifications
pertaining
22thereto to any person,
excepting except materialmen, suppliers and others not
23intending to submit a direct bid, require
such the person to submit a full and
24complete statement sworn to before an officer authorized by law to administer oaths
,
25of. The statement shall consist of information relating to financial ability,
1equipment, experience in the work prescribed in
said the public contract
, and
of such
2other matters
as that the municipality
, board, public body or officer thereof may
3require requires for the protection and welfare of the public in the performance of
any 4a public contract
; such. The statement shall be in writing on a standard form of a
5questionnaire
as that is adopted
for such use and furnished by the municipality
,
6board or public body or officer thereof, to be furnished by such municipality, board,
7public body or officer thereof. Such. The statement shall be filed in the manner and
8place designated by the municipality
, board, public body or such officer thereof. Such
9statements. The statement shall not be received less than 5 days prior to the time
10set for opening of bids. The contents of
said statements the statement shall be
11confidential and
shall may not be disclosed except upon the written order of
such the 12person furnishing the
same, or statement, for necessary use by the public body in
13qualifying
such the person, or in cases of action against, or by
such, the person or
14municipality. The governing body of the municipality or
such the committee, board
15or employe
as is charged with
, or delegated by the governing body with, the duty of
16receiving bids and awarding contracts
or to whom the governing body has delegated
17the power shall properly evaluate the
sworn statements filed relative to financial
18ability, equipment and experience in the work prescribed statement and shall find
19the maker of
such the statement either qualified or unqualified. This subsection
20shall does not apply to
cities of the first a 1st class
city.
AB710,225,3
21(3) Proof of responsibility, condition precedent. No bid shall be received
22from any person who has not submitted the
sworn statement as provided in sub. (2),
23provided that any prospective bidder who has once qualified to the satisfaction of the
24municipality,
committee, board
, public body or
officer employe, and who wishes to
25become a bidder upon subsequent public contracts under the
same jurisdiction
of the
1same, to whose satisfaction the prospective bidder has qualified under sub. (2), need
2not separately qualify on each public contract unless required so to do by the
said 3municipality,
committee, board
, public body or
officers employe.
AB710,225,8
4(4) Rejection of bids. Whenever If the municipality,
committee, board
, public
5body or
officer employe is not satisfied with the sufficiency of the answer contained
6in the
questionnaire and financial statement
, it provided under sub. (2), the
7municipality, committee, board or employe may reject
said bid, or disregard the
same 8bid.
AB710,226,5
9(5) Corrections of errors in bids.
Whenever any If a person
shall submit 10submits a bid or proposal for the performance of public work under any public
11contract to be let by
the a municipality
, board, public body or officer thereof, who shall
12claim and the bidder claims that a mistake, omission or error
has been made in
13preparing the bid, the bidder shall, before the bids are opened, make known the fact
14that an error, omission or mistake has been made
, and in that case. If the bidder
15makes this fact known, the bid shall be returned to the bidder unopened and the
16bidder
shall may not
be entitled to bid upon the
public contract
at hand unless
the
17same it is readvertised and relet upon the readvertisement.
In case any If a bidder
18shall make makes an error
or, omission or mistake and
shall discover the same 19discovers it after the bids are opened, the bidder shall immediately and without delay
20give written notice and make known the fact of the mistake, omission or error which
21has been committed and submit to the municipality
, board, public body or officers
22thereof, clear and satisfactory evidence of the mistake, omission or error and that
the
23same it was not caused by any careless act or omission on the bidder's part in the
24exercise of ordinary care in examining the plans
,
or specifications and
in conforming
25with the provisions of this section
, and in case of. If the discovery and notice of a
1mistake, omission or error causes a forfeiture,
shall the bidder may not
be entitled
2to recover the moneys or certified check forfeited as liquidated damages unless it
3shall be is proven before a court of competent jurisdiction in an action brought for the
4recovery of the amount forfeited, that in making the mistake, error or omission the
5bidder was free from carelessness, negligence or inexcusable neglect.
AB710,226,18
6(6) Separation of contracts; classification of contractors. On those In 7public contracts
calling for the construction, repair, remodeling or improvement of
8any a public building or structure, other than highway structures and facilities,
the 9a municipality may bid projects based on a single or multiple division of the work.
10Contracts Public contracts shall be awarded according to the division of work
11selected for bidding. The municipality may set out in any public contract reasonable
12and lawful conditions as to the hours of labor, wages, residence, character and
13classification of
workmen workers to be employed by any contractor,
and to classify
14such contractors as to their financial responsibility, competency and ability to
15perform work and
to set up a classified list of contractors
pursuant thereto; and such.
16The municipality may
also reject the bid of any person, if
such the person has not
17been classified
pursuant to the said questionnaire for the kind or amount of work in
18said the bid.
AB710,227,11
19(7) Bidder's certificate. On all contracts When bidding on a public contract, 20the bidder shall incorporate and make a part of the bidder's proposal for
the doing
21of any work or labor or
the furnishing
of any material in or about any public work
22or contract of the municipality a sworn statement by the bidder, or if not an
23individual by one authorized, that the bidder or authorized person
so swearing has
24examined and carefully prepared the proposal from the plans and specifications and
25has checked the same in detail before submitting the proposal or bid to the
1municipality
, board, department or officer charged with the letting of bids and also
2at the same time as. As a part of the proposal,
the bidder also shall submit a list of
3the subcontractors the bidder proposes to contract with
, and the class of work to be
4performed by each
, provided that. In order to qualify for inclusion in the bidder's list
5a subcontractor
must shall first submit a bid in writing, to the general contractor at
6least 48 hours prior to the time of the bid closing
, which list shall. The list may not
7be added to
nor or altered without the written consent of the municipality. A proposal
8of a bidder
shall is not
be invalid if any subcontractor and the class of work to be
9performed by the subcontractor has been omitted from a proposal;
such the omission
10shall be considered
as inadvertent
, or
that the bidder will perform the work
11personally.
AB710,227,19
12(8) Settlement of disputes; defaults. Whenever there is a dispute between
13the a contractor or surety or the municipality as to
the determination whether there
14is
a compliance with the provisions of
the a public contract as to the hours of labor,
15wages, residence, character
, and classification of
workmen workers employed by
any 16the contractor, the determination of the municipality
shall be is final
, and in case of
17violation of said. If a violation of these provisions
occurs, the municipality may
18declare the contract in default and request the surety to perform or relet upon
19advertisement the remaining portion of the
public contract.