119.49(1)(a)(a) If the board deems it necessary to construct buildings or additions to buildings, to remodel buildings or to purchase school sites or to provide funds for any such purpose as a participant in a contract under
s. 66.30 (6), it may by a two-thirds vote of the members-elect send a communication to the common council of the city.
119.49(1)(b)
(b) The communication shall state the amount of funds needed under
par. (a) and the purposes for which the funds will be used and shall request the common council to submit to the voters of the city at the next election held in the city the question of issuing school bonds in the amount and for the purposes stated in the communication.
119.49(2)
(2) Upon receipt of the communication, the common council shall cause the question of issuing such school bonds in the stated amount and for the stated school purposes to be submitted to the voters of the city at the next election held in the city. The question of issuing such school bonds shall be submitted upon a separate ballot or in some other manner so that the vote upon issuing such school bonds is taken separately from any other question submitted to the voters. If a majority of the electors voting on the school bond question favors issuing such school bonds, the common council shall cause the school bonds to be issued immediately or within the period permitted by law, in the amount requested by the board and in the manner other bonds are issued.
119.49(3)
(3) The proper city officials shall sell or dispose of the bonds in the same manner as other bonds are disposed of. The entire proceeds of the sale of the bonds shall be placed in the city treasury, subject to the order of the board for the purposes named in the communication under
sub. (1). Such school bonds shall be payable within 20 years from the date of their issue.
119.49(4)
(4) The common council shall levy and collect a tax upon all taxable property in the city, in the same manner and at the same time as other taxes are levied and collected, which shall be sufficient to pay the interest on all school bonds issued under this chapter which are outstanding and to pay such part of the principal of such school bonds as becomes due during the ensuing school year.
119.49(5)
(5) The amount of such school bonds outstanding at any time shall not be greater than 2% of the total value of all taxable property in the city as certified under
s. 121.06 (2). The tax levied to pay the interest and principal on such school bonds shall be in addition to the tax levied for general purposes upon all the taxable property of the city.
119.495
119.495
Borrowing on promissory notes; 1989 to 1993. 119.495(1)(1) Between July 1, 1989, and the first Monday in August, 1993, upon adopting a resolution by a two-thirds vote of the members elect, the board may direct the common council to issue promissory notes under
s. 67.12 (12) for the purpose of providing additional classroom space to accommodate anticipated school enrollments.
119.495(2)
(2) The board shall include in its budget transmitted to the common council under
s. 119.16 (8) (b) a written notice specifying the amount of borrowing to be authorized in the budget for the ensuing year. The common council shall issue the notes and levy a direct annual irrepealable tax sufficient to pay the principal and interest on the notes as they become due. The common council may issue the notes by private sale. The common council shall make every effort to involve a minority investment firm certified under
s. 560.036 as managing underwriter of the notes or to engage a minority financial adviser certified under
s. 560.036 to advise the city regarding any public sale of the notes.
119.495(3)
(3) The common council may not issue a note under this section or sell a note issued under this section after June 30, 1994. The total amount of notes issued under this section may not exceed $27,500,000.
119.495(4)
(4) The board may enter into a contract in anticipation of the sale of the notes on the same basis upon which a 1st class city may contract in anticipation of the sale of bonds under
s. 67.10 (6).
119.495(5)
(5) The city's budgetary authorization for borrowing in 1989 is increased by $10,000,000 for the purpose of this section.
119.495 History
History: 1989 a. 31;
1991 a. 314.
119.496
119.496
Borrowing on promissory notes; 1992 to 1995. 119.496(1)(1) Subject to
sub. (6), between June 1, 1992, and June 30, 1995, upon adopting a resolution by a two-thirds vote of the members elect and receipt of written approval by the mayor of the city, the board may direct the common council to issue promissory notes under
s. 67.12 (12) for the purpose of providing additional classroom space to accommodate anticipated school enrollments and for educational programming.
119.496(2)
(2) The board shall include in its budget transmitted to the common council under
s. 119.16 (8) (b) a written notice specifying the amount of borrowing to be authorized in the budget for the ensuing year. The common council shall issue the notes and levy a direct annual irrepealable tax sufficient to pay the principal and interest on the notes as they become due. The common council may issue the notes by private sale. The common council shall establish goals of involving minority investment firms certified under
s. 560.036 as managing underwriters for at least 50% of the total amount financed by the notes and of engaging a minority financial adviser certified under
s. 560.036 to advise the city regarding any public sale of the notes.
119.496(3)
(3) The common council may not issue a note under this section or sell a note issued under this section after June 30, 1995. The total amount of notes issued under this section may not exceed $35,000,000.
119.496(4)
(4) The board may enter into a contract in anticipation of the sale of the notes on the same basis upon which a 1st class city may contract in anticipation of the sale of bonds under
s. 67.10 (6).
119.496(5)
(5) The city's budgetary authorization for borrowing in 1992 is increased by $8,000,000 for the purpose of this section.
119.496(6)
(6) The board may not direct the common council to issue promissory notes under this section unless all of the following occur:
119.496(6)(a)
(a) The board adopts a resolution declaring its intention to comply with
s. 119.497 and notifies the secretary of administration of its action.
119.496(6)(b)
(b) The board adopts a resolution declaring its intention, beginning in 1992 and annually thereafter until all notes issued under this section are repaid, to include as part of its budget transmitted to the common council under
s. 119.16 (8) (b) a communication under
s. 119.48 stating an amount needed for a school construction fund that is sufficient to require the common council to levy 0.6 mills on each dollar of the assessed valuation of all taxable property in the city, and notifies the secretary of administration of its action.
119.496 History
History: 1991 a. 314.
119.497(1)(a)(a) The board shall develop a 10-year facility plan that reflects facility standards established by the board.
119.497(1)(b)
(b) The board shall hold public hearings on the plan. At least one week prior to the first public hearing, the board shall publish a class 1 notice under
ch. 985. The notice shall include all of the following:
119.497(1)(b)1.
1. The effect of the plan on the school district's property tax levy and operational costs.
119.497(1)(b)3.
3. The time and place of the public hearings to be held on the proposed plan.
119.497(1)(c)
(c) The board shall approve the plan by November 15, 1992.
119.497(2)(a)(a) By December 1, 1992, the board shall submit a report to the standing committees on education and the joint audit committee in the manner provided under
s. 13.172 (3), and to the joint committee on finance. The report shall include all of the following regarding the approved plan:
119.497(2)(a)1.
1. The projected effect of the plan on the property tax levy of the school district.
119.497(2)(a)3.
3. The projected increase in operational costs related to the plan, including the number of additional employes required to staff any new schools.
119.497(2)(a)4.
4. The location of any new schools and how the location relates to the current and projected distribution of school-age children throughout the school district.
119.497(2)(a)6.
6. Information on the involvement of minority investment firms certified under
s. 560.036, minority financial advisers certified under
s. 560.036, minority businesses certified under
s. 560.036 and workers who are minority group members, as defined in
s. 560.036 (1) (f), in the financing and construction of the schools.
119.497(2)(b)
(b) By December 1, 1992, the board shall submit the approved plan to the department and the legislative audit bureau for their review. By January 15, 1993, the department and the legislative audit bureau shall submit their comments on the plan to the committees specified under
par. (a) in the manner specified under
par. (a).
Effective date note
NOTE: Par. (b) is shown as amended eff. 1-1-96 by
1995 Wis. Act 27. The treatment by Act 27 was held unconstitutional and declared void by the Supreme Court in Thompson v. Craney, case no.
95-2168-OA. Prior to Act 27 it read:
Effective date text
(b) By December 1, 1992, the board shall submit the approved plan to the state superintendent and the legislative audit bureau for their review. By January 15, 1993, the state superintendent and the legislative audit bureau shall submit their comments on the plan to the committees specified under par. (a) in the manner specified under par. (a).
119.497(3)(a)(a) The board shall establish all of the following goals:
119.497(3)(a)1.
1. That at least 50% of the construction activities associated with the facility plan will be performed by minority businesses certified under
s. 560.036.
119.497(3)(a)2.
2. That at least 50% of the workers involved in the actual construction of new schools under the plan will be minority group members, as defined in
s. 560.036 (1) (f).
119.497(3)(a)3.
3. That the board engage a minority financial adviser certified under
s. 560.036 to advise the board regarding the facility plan.
119.497(3)(b)
(b) The common council shall establish goals of involving minority investment firms certified under
s. 560.036 as managing underwriters for at least 50% of the total amount financed by the city under the facility plan and of engaging a minority financial adviser certified under
s. 560.036 to advise the city regarding any public sale of notes or bonds issued to finance the plan.
119.497 History
History: 1991 a. 314;
1995 a. 27 s.
9145 (1).
119.498
119.498
Promissory notes; unfunded prior service liability contributions. 119.498(1)
(1) The board may adopt a resolution directing the common council to issue promissory notes under
s. 67.12 (12) for the purpose of paying unfunded prior service liability contributions under the Wisconsin retirement system.
119.498(2)
(2) If the board adopts a resolution under
sub. (1), the board shall include in its budget transmitted to the common council under
s. 119.16 (8) (b) a written notice specifying the amount of borrowing to be authorized in the budget for the ensuing year. The common council shall issue the notes and levy a direct annual irrepealable tax sufficient to pay the principal and interest on the notes as they become due. The common council may issue the notes by private sale.
119.498 History
History: 1995 a. 358.
119.50
119.50
Disbursement of moneys. 119.50(1)
(1) All moneys received by or raised in the city for school district purposes shall be paid over to the city treasurer. Such moneys shall be disbursed by the city treasurer on the written order of the superintendent of schools, countersigned by the auditing officer of the city.
119.50(2)
(2) The board shall provide by resolution for the manner in which the payroll shall be certified, audited, approved and paid.
119.50(3)
(3) The superintendent of schools shall keep separate accounts of all money raised and apportioned for 1st class city school district purposes. The money shall be disbursed in accordance with this section and
s. 66.042 (5) and shall be paid from the proper funds.
119.55
119.55
Youth service centers, truancy abatement and burglary suppression. 119.55(1)(a)(a) The board shall establish one or more youth service centers for the counseling of children who are taken into custody under
s. 48.19 (1) (d) 9. or
10. [938.19 (1) (d) 10.] for being absent from school without an acceptable excuse under
s. 118.15. The board shall contract with the boys and girls clubs of Greater Milwaukee for the operation of the centers.
119.55 Note
NOTE: The bracketed language indicates the correct cross-reference.
1995 Wis. Act 27 repealed s. 48.19 (1) (d) 9. and 10. and created s. 938.19 (1) (d) 10. which is substantively identical to s. 48.19 (1) (d) 10. Corrective legislation is pending.
119.55(1)(b)
(b) Beginning on July 1, 1996, the board shall establish 2 youth service centers under
par. (a).
119.55(2)
(2) Beginning on July 1, 1996, the board shall pay the city a sum sufficient to pay the costs of salaries and fringe benefits of 4 law enforcement officers to work on truancy abatement and burglary suppression on a full-time basis.
119.55 History
History: 1995 a. 27 ss.
4017t,
4017u,
7299m.
119.60(1)(1) If any real property within the city which is used for school purposes is sold, the proceeds of the sale shall not go into the general city fund but shall become part of the school construction fund to be applied on the purchase of real property for school purposes.
119.60(2)
(2) City-owned property used for school purposes shall be sold by the city upon written request of the board if the common council adopts a resolution approving the sale. If, within 12 months after a written request by the board, the city has not disposed of the property, has failed to obtain a written agreement to dispose of the property or has not provided the board with a written report giving specific reasons, which are not identified by the city attorney as constituting a conflict of interest, for its failure to dispose of the property or to obtain an agreement to dispose of the property, the board may retain a real estate agent to represent the board in its real estate transactions.
119.60(3)
(3) The board's authority to retain a real estate agent under
sub. (2) is limited to the actual sale of property. The board may compensate the real estate agent for his or her services only on the basis of a commission for specific property sold, and no property taxes may be levied for the purpose of providing funds to pay such commissions.
119.60(4)
(4) The city is not liable for any action of the board or its real estate agent in the sale of property under this section.
119.60 History
History: 1983 a. 224.
119.66
119.66
Interest in contracts forbidden. During the term for which elected or appointed and for 2 years after the expiration of the term, no member of the board may be employed by the board or by the department of employe trust funds in any capacity for which a salary or emolument is provided by the board or the department of employe trust funds. No board member, superintendent of schools, assistant superintendent, other assistant, teacher or other employe of the board may have any interest in the purchase or sale of property by the city for the use or convenience of the schools. No contract made in violation of this section is valid. Any consideration paid by the city for a purchase or sale prohibited by this section may be recovered in an action at law in the name of the city. Any person violating this section shall be removed from any position held under this chapter.
119.66 History
History: 1981 c. 96;
1991 a. 39.
119.68
119.68
Claims against the city or board. 119.68(1)
(1) All claims against the city or board shall be audited for sufficiency of funds by the auditing officer of the city. The superintendent of schools shall furnish the auditing officer of the city a complete list of the claims. Before a warrant is issued therefor, the auditing officer of the city shall countersign it. Within 20 days after each regular or special meeting of the board, the superintendent of schools shall make and file with the auditing officer of the city statements of the condition of the funds for the support of the schools and of the financial transactions of the board during the period next preceding any such statement.
119.68(2)
(2) No action may be brought or maintained against the school upon a claim or cause of action unless the claimant complies with
s. 893.80. This subsection does not apply to actions commenced under
s. 19.37 or
19.97.
119.70
119.70
Use of school buildings and grounds for civic purposes. 119.70(1)(1) The board may establish and maintain for children and adults, in the school buildings and on the school grounds, evening schools, vacation schools, reading rooms, library stations, debating clubs, gymnasiums, public playgrounds, public baths and similar activities and accommodations to be determined by the board. The board may cooperate, by agreement, with other commissions or boards having the custody and management of public parks, libraries, museums and public buildings and grounds of whatever sort to provide the equipment, supervision, instruction and oversight necessary to carry on such public educational and recreational activities in and upon such other buildings and grounds.
119.70(3)
(3) The board shall report to the common council on or before the first Monday in August of each year the amount of money required during the ensuing school year for the support of activities under
sub. (1). The common council shall levy and collect a special tax in the manner that other taxes are levied and collected, equal to the amount of money so required for the activities. The tax shall not be used or appropriated, directly or indirectly, for any other purpose.
119.70(4)
(4) All moneys received by or raised in the school district for the activities under
sub. (1) shall be paid to the city treasurer, to be disbursed in the manner that other school district funds are disbursed.
119.70(5)
(5) Nothing in this section prohibits the board from granting the use of school property to religious organizations under
s. 120.13 (17).
119.71
119.71
Five-year-old kindergarten programs. 119.71(2)
(2) From the appropriation under
s. 20.255 (2) (ec), the department shall pay to the board the amount specified in the spending plan under
s. 119.80 in each school year.
Effective date note
NOTE: Sub. (2) is shown as amended eff. 1-1-96 by
1995 Wis. Act 27. The treatment by Act 27 was held unconstitutional and declared void by the Supreme Court in Thompson v. Craney, case no.
95-2168-OA. Prior to Act 27 it read:
