66.25(1)(h)
(h) When the final determination has been reached by the commission it shall publish a class 1 notice, under
ch. 985, that a final determination has been made as to the amounts assessed against each parcel of real estate.
66.25(1)(i)
(i) The owner of any parcel of real estate affected by the determination and assessments may, within 20 days after the date of such determination, appeal to the circuit court of the county in which the land is situated, and
s. 66.60 (12) shall apply to and govern such appeal, however the notice therein required to be served upon the city clerk shall be served upon the district, and the bond therein provided for shall be approved by the commission and the duties therein devolving upon the city clerk shall be performed by the president of the commission.
66.25(1)(j)
(j) The commission may provide that the special assessment may be paid in annual instalments not more than 10 in number, and may, for the purpose of anticipating collection of the special assessments, and after said instalments have been determined, issue special improvement bonds payable only out of the special assessment, and
s. 66.54 shall apply to and govern the instalment payments and the issuance of said bonds, except that the assessment notice shall be substantially in the following form:
INSTALMENT ASSESSMENT NOTICE
Notice is hereby given that a contract has been (or is about to be) let for (describe the improvements) and that the amount of the special assessment therefor has been determined as to each parcel of real estate affected thereby, and a statement of the same is on file with the commission; that it is proposed to collect the same in .... instalments, as provided by
s. 66.54, with interest thereon at ....% per year; that all assessments will be collected in instalments, as above provided, except such assessments as the owners of the property shall, within 30 days from the date of this notice, file with the commission a statement in writing that they elect to pay in one instalment, in which case the amount of the instalment shall be placed upon the next ensuing tax roll.
66.25(1)(k)
(k) The instalment assessment notice shall be published as a class 1 notice, under
ch. 985.
66.25(1)(L)
(L) The commission shall, on or before October 1 in each year, certify in writing to the clerks of the several cities, towns or villages, the amount of the special assessment against lands located in their respective city, town or village for the ensuing year. Upon receipt of such certificate the clerk of each such city, town or village shall forthwith place the same on the tax roll to be collected as other taxes and assessments are collected. Such moneys when collected shall be paid to the treasurer of the district. The provisions of law applicable to the collection of delinquent taxes upon real estate, including sale of lands for nonpayment of taxes, shall apply to and govern the collection of the special assessments and the collection of general taxes levied by the commission.
66.25(1)(n)
(n) The commission may provide for a deferred due date on the levy of the special assessment as to real estate which is in agricultural use or which is otherwise not immediately to receive actual service from the sewer or other facility for which the assessment is made. Such assessments shall be payable as soon as such lands receive actual service from the sewer or other facility. Any such special assessments shall be a lien against the property from the date of the levy. For the purpose of anticipating collection of special assessments for which the due date has been deferred, the commission may issue special improvement bonds payable only out of the special assessments.
Section 66.54 shall apply to and govern the issuance of bonds, except that the assessment notice shall be substantially in the following form:
DEFERRED ASSESSMENT NOTICE
Notice is hereby given that a contract has been (or is about to be) let for (describe the improvements) and that the amount of the special assessment therefor has been determined as to each parcel of real estate affected thereby, and a statement of the same is on file with the commission. It is proposed to collect the same on a deferred basis consistent with actual use of the improvements. All assessments will be collected in instalments, as above provided, except such assessments for which the owners of the property, within 30 days from the date of this notice, file with the commission a statement in writing that they elect not to have the due date deferred, in which case the amount of the levy shall be placed upon the next ensuing tax roll.
66.25(2)
(2) Tax levy. The commission may levy a tax upon the taxable property in the district as equalized by the department of revenue for state purposes for the purpose of carrying out and performing duties under
ss. 66.20 to
66.26 but the amount of any such tax in excess of that required for maintenance and operation and for principal and interest on bonds or promissory notes shall not exceed, in any one year, one mill for each dollar of the district's equalized valuation, as determined under
s. 70.57. The tax levy may be spread upon the respective real estate and personal property tax rolls of the city, village and town areas included in the district taxes, and shall not be included within any limitation on county or municipality taxes. Such moneys when collected shall be paid to the treasurer of such district.
66.25(3)(a)(a) The commission may establish service charges in such amount as to meet all or part of the requirements for the construction, reconstruction, improvement, extension, operation, maintenance, repair and depreciation of functions authorized by
ss. 66.20 to
66.26, and for the payment of all or part of the principal and interest of any indebtedness incurred thereof.
66.25(3)(b)
(b) The district may charge to the state, county or municipality the cost of service rendered to any state institution, county or municipality.
66.25(5)
(5) Borrowing; tax collection. After the issue of any municipal obligation under
ch. 67, the commission shall, on or before October 1 in each year, certify in writing to the clerks of the several cities, villages or towns having territory in the district, the total amount of the tax to be raised by each such municipality, and upon receipt of such certificate the clerk of each such municipality shall place the same on the tax roll to be collected as other taxes are collected, and such moneys, when collected, shall be paid to the treasurer of the district.
66.25(12)
(12) Exemption from levies. Lands designated as permanent open space, agricultural protection areas or other undeveloped areas not to be served by public sanitary sewer service in plans adopted by a regional planning commission or other area-wide planning agency organized under
s. 66.945 and approved by the board of supervisors of the county in which the lands are located shall not have property taxes, assessments or service charges levied against them by the district.
66.25(13)
(13) Application of other laws. Section 66.076 shall apply to all districts now or hereafter organized and operating under
ss. 66.20 to
66.26.
66.25 Annotation
A metropolitan sewerage district cannot collect a service charge against a vocational school district. Green Bay Met. S. Dist. v. Voc., T. & A. Ed. 58 W (2d) 628, 207 NW (2d) 623.
66.26
66.26
Addition of territory. Territory not originally within a district may be added thereto in the following ways:
66.26(1)
(1) Territory outside the district which becomes annexed for municipal purposes to a city or village, or is added to a town sanitary district under
s. 60.785 (1), which, prior to the annexation or addition, is located entirely within the original district may be added to the district upon receipt by the commission, and the regional planning commission of the region within which the district or the greatest portion of the district is located, of official notice from the city or village that the municipal annexation has occurred or from the town sanitary district that the addition has occurred, except that such territory shall be added under
sub. (2) if, within 30 days after receipt of such notice, that regional planning commission files with the commission a written objection to any part of the annexation or addition or the commission issues a written determination disapproving the addition of the territory under this subsection. Failure of the commission to disapprove the addition of the territory under this subsection is subject to review under
ch. 227.
66.26(2)
(2) Proceedings leading to the addition of other territory to a district may be initiated by petition from a municipal governing body or upon motion of the commission. Upon receipt of the petition or upon adoption of the motion, the commission shall hold a public hearing preceded by a class 2 notice under
ch. 985. The commission may approve the annexation upon a determination that the standards of
ss. 66.22 (4) (b) and
(c) and
66.26 (3) are met. Approval actions by the commission under this section shall be subject to review under
ch. 227.
66.26(3)
(3) Annexations under
subs. (1) and
(2) may be subject to reasonable requirements as to participation by newly annexed areas toward the cost of existing or proposed district facilities.
66.26(4)
(4) Section 66.23 (1) does not require the appointment of a commissioner from territory annexed under this section if that territory, on the day before the annexation, has a population of less than 8.5% of the total population served by the district.
66.27
66.27
Relief from conditions of gifts and dedications. 66.27(1)(1) If the governing body of a county, city, town or village accepts a gift or dedication of land made on condition that the land be devoted to a special purpose, and the condition subsequently becomes impossible or impracticable, such governing body may by resolution or ordinance enacted by a two-thirds vote of its members elect either to grant the land back to the donor or dedicator or the heirs of the donor or dedicator, or accept from the donor or dedicator or the heirs of the donor or dedicator, a grant relieving the county, city, town or village of the condition, pursuant to
article XI, section 3a, of the constitution.
66.27(2)(a)(a) If such donor or dedicator or the heirs of the donor or dedicator are unknown or cannot be found, such resolution or ordinance may provide for the commencement of an action under this section for the purpose of relieving the county, city, town or village of the condition of the gift or dedication.
66.27(2)(b)
(b) Any such action shall be brought in a court of record in the manner provided in
ch. 801. A lis pendens shall be filed as provided in
s. 840.10 upon the commencement of the action. Service upon persons whose whereabouts are unknown may be made in the manner prescribed in
s. 801.12.
66.27(2)(c)
(c) The court may render judgment in such action relieving the county, city, town or village of the condition of the gift or dedication.
66.27 History
History: 1973 c. 189 s.
20; Sup. Ct. Order, 67 W (2d) 585, 774 (1975);
1991 a. 316.
66.28
66.28
Disposal of abandoned property. 66.28(1)
(1) Cities, villages, towns and counties may dispose of any personal property which has been abandoned, or remained unclaimed for a period of 30 days after the taking of possession of the property by the city, village, town or county officers by any means determined to be in the best interest of the city, village, town or county. If the property is not disposed of in a sale open to the public, every city, village, town and county shall maintain an inventory of such property; a record of the date and method of disposal, including the consideration received for the property, if any, and the name and address of the person taking possession of the property. Such inventory shall be kept as a public record for a period of not less than 2 years from the date of disposal of the property. Any means of disposal other than public auction shall be specified by ordinance. If the disposal is in the form of a sale, all receipts from the sale, after deducting the necessary expenses of keeping the property and conducting the sale, shall be paid into the city, village, town or county treasury.
66.28(2)
(2) Cities, villages, towns and counties may safely dispose of abandoned or unclaimed flammable, explosive or incendiary substances, materials or devices posing a danger to life or property in their storage, transportation or use immediately after taking possession of the substances, materials or devices without a public auction. The city, village, town or county, by ordinance or resolution, may establish disposal procedures. Procedures may include provisions authorizing an attempt to return to the rightful owner substances, materials or devices which have a commercial value in the normal business usage and do not pose an immediate threat to life or property. If enacted, any such provision shall include a presumption that if the substance, material or device appears to be or is reported stolen an attempt will be made to return the substance, material or device to the rightful owner.
66.28(3)
(3) Except as provided in
s. 968.20 (3), 1st class cities shall dispose of abandoned or unclaimed dangerous weapons or ammunition without a public auction 12 months after taking possession of them if the owner has not requested their return. Disposition procedures shall be established by ordinance or resolution and may include provisions authorizing an attempt to return to the rightful owner any dangerous weapons or ammunition which appear to be stolen or are reported stolen. If enacted, any such provision shall include a presumption that if the dangerous weapons or ammunition appear to be or are reported stolen an attempt will be made to return the dangerous weapons or ammunition to the rightful owner. The dangerous weapons or ammunition shall be subject to
sub. (4).
66.28(4)
(4) A city, village, town or county may retain or dispose of any abandoned, unclaimed or seized dangerous weapon or ammunition only under
s. 968.20.
66.285
66.285
Interest on late payments. 66.285(1)(a)
(a) "Agency" means any office, department, board, commission or other body under the control of the governing body of a local governmental unit which expends moneys or incurs obligations on behalf of the local governmental unit.
66.285(1)(b)
(b) "Good faith dispute" means any of the following:
66.285(1)(b)1.
1. A contention by an agency, principal contractor or subcontractor that goods delivered or services rendered were of a lesser quantity or quality than ordered or specified by contract, were faulty or were installed improperly.
66.285(1)(b)2.
2. Any other reason giving cause for the withholding of payment by an agency, principal contractor or subcontractor until the dispute is settled.
66.285(1)(c)
(c) "Local governmental unit" means a political subdivision of this state, a special purpose district in this state, an agency or corporation of such a political subdivision or special purpose district, or a combination or subunit of any of the foregoing.
66.285(2)
(2) Interest payable to principal contractors. 66.285(2)(a)(a) Except as provided in
sub. (4) or as otherwise specifically provided, an agency that does not pay timely the amount due on an order or contract shall pay interest on the balance due from the 31st day after receipt of a properly completed invoice or receipt and acceptance of the property or service under the order or contract, whichever is later, or, if the agency does not comply with
s. 66.286, from the 31st day after receipt of an improperly completed invoice or receipt and acceptance of the property or service under the order or contract, whichever is later, at the rate specified in
s. 71.82 (1) (a) compounded monthly.
66.285(2)(b)
(b) For the purposes of
par. (a), a payment is timely if the payment is mailed, delivered or transferred by the later of the following:
66.285(2)(b)1.
1. The date specified on a properly completed invoice for the amount specified in the order or contract.
66.285(2)(b)2.
2. Within 30 days after receipt of a properly completed invoice or receipt and acceptance of the property or service under the order or contract, or, if the agency does not comply with
s. 66.286, within 30 days after receipt of an improperly completed invoice or receipt and acceptance of the property or service under the order or contract, whichever is later.
66.285(3)
(3) Interest payable to subcontractors. 66.285(3)(a)(a) Except as provided in
sub. (4) (e) or as otherwise specifically provided, principal contractors that engage subcontractors to perform part of the work on an order or contract from an agency shall pay subcontractors for satisfactory work in a timely fashion. A payment is timely if it is mailed, delivered or transferred to the subcontractor no later than 7 days after the principal contractor's receipt of any payment from the agency.
66.285(3)(b)
(b) If a subcontractor is not paid in a timely fashion, the principal contractor shall pay interest on the balance due from the 8th day after the principal contractor's receipt of any payment from the agency, at the rate specified in
s. 71.82 (1) (a) compounded monthly.
66.285(3)(c)
(c) Subcontractors receiving payment under this subsection shall pay lower-tier subcontractors, and be liable for interest on late payments, in the same manner as principal contractors are required to pay subcontractors in
pars. (a) and
(b).
66.285(4)
(4) Exceptions. Subsection (2) does not apply to the following:
66.285(4)(a)
(a) Any portion of an order or contract for which the payment, from federal moneys, has not been received.
66.285(4)(b)
(b) An order or contract that is subject to late payment interest or another late payment charge required by another law or rule specifically authorized by law.
66.285(4)(c)
(c) An order or contract between 2 or more agencies of the same local governmental unit.
66.285(4)(d)
(d) An order or contract which provides for the time of payment and the consequences of nontimely payment, if any deviation from the deadlines established in
sub. (2) appears in the original bid or proposal.
66.285(4)(e)
(e) An order or contract under which the amount due is subject to a good faith dispute if, before the date on which payment is not timely, notice of the dispute is sent by 1st class mail, personally delivered or sent in accordance with the procedure specified in the order or contract.
66.285(5)
(5) Appropriation from which paid. An agency that pays interest under this section shall pay the interest only from the appropriation for administration of the program under which the order or contract was made or entered into, unless otherwise directed by the governing body of the local governmental unit.
66.285(6)
(6) Attorney fees. Notwithstanding
s. 814.04 (1), in an action to recover interest due under this section, the court shall award the prevailing party reasonable attorney fees.
66.285 History
History: 1989 a. 233.
66.286
66.286
Improper invoices. If an agency receives an improperly completed invoice, the agency shall notify the sender of the invoice within 10 working days after it receives the invoice of the reason that it is improperly completed.
66.286 History
History: 1989 a. 233.
66.29
66.29
Public works, contracts, bids. 66.29(1)(a)(a) In this section, "person" means an individual, partnership, association, limited liability company, corporation or joint stock company, lessee, trustee or receiver.
66.29(1)(b)
(b) "Municipality" means the state and any town, city, village, school district, board of school directors, sewer district, drainage district, technical college district or any other public or quasi-public corporation, officer, board or other public body charged with the duty of receiving bids for and awarding any public contracts.
66.29(1)(c)
(c) The term "public contract" shall mean and include any contract for the construction, execution, repair, remodeling, improvement of any public work, building, furnishing of supplies, material of any kind whatsoever, proposals for which are required to be advertised for by law.
66.29(1)(d)
(d) "Subcontractor" means a person whose relationship to the principal contractor is substantially the same as to a part of the work as the latter's relationship is to the proprietor. A "subcontractor" takes a distinct part of the work in such a way that the "subcontractor" does not contemplate doing merely personal service.
66.29(2)
(2) Bidder's proof of responsibility. Every municipality, board or public body upon all contracts subject to this section may, before delivering any form for bid proposals, plans and specifications pertaining thereto to any person, excepting materialmen, suppliers and others not intending to submit a direct bid, require such person to submit a full and complete statement sworn to before an officer authorized by law to administer oaths, of financial ability, equipment, experience in the work prescribed in said public contract, and of such other matters as the municipality, board, public body or officer thereof may require for the protection and welfare of the public in the performance of any public contract; such statement shall be in writing on a standard form of a questionnaire as adopted for such use by the municipality, board or public body or officer thereof, to be furnished by such municipality, board, public body or officer thereof. Such statement shall be filed in the manner and place designated by the municipality, board, public body or such officer thereof. Such statements shall not be received less than 5 days prior to the time set for opening of bids. The contents of said statements shall be confidential and shall not be disclosed except upon the written order of such person furnishing the same, or for necessary use by the public body in qualifying such person, or in cases of action against, or by such person or municipality. The governing body of the municipality or such committee, board or employe as is charged with the duty of receiving bids and awarding contracts or to whom the governing body has delegated the power shall properly evaluate the sworn statements filed relative to financial ability, equipment and experience in the work prescribed and shall find the maker of such statement either qualified or unqualified. This subsection shall not apply to cities of the first class.
66.29(3)
(3) Proof of responsibility, condition precedent. No bid shall be received from any person who has not submitted the sworn statement as provided in
sub. (2), provided that any prospective bidder who has once qualified to the satisfaction of the municipality, board, public body or officer, and who wishes to become a bidder upon subsequent public contracts under the jurisdiction of the same, to whose satisfaction the prospective bidder has qualified under
sub. (2), need not separately qualify on each public contract unless required so to do by the said municipality, board, public body or officers.
66.29(4)
(4) Rejection of bids. Whenever the municipality, board, public body or officer is not satisfied with the sufficiency of the answer contained in the questionnaire and financial statement, it may reject said bid, or disregard the same.
66.29(5)
(5) Corrections of errors in bids. Whenever any person shall submit a bid or proposal for the performance of public work under any public contract to be let by the municipality, board, public body or officer thereof, who shall claim mistake, omission or error in preparing the bid, the bidder shall, before the bids are opened, make known the fact that an error, omission or mistake has been made, and in that case the bid shall be returned to the bidder unopened and the bidder shall not be entitled to bid upon the contract at hand unless the same is readvertised and relet upon the readvertisement. In case any bidder shall make an error or omission or mistake and shall discover the same after the bids are opened, the bidder shall immediately and without delay give written notice and make known the fact of the mistake, omission or error which has been committed and submit to the municipality, board, public body or officers thereof, clear and satisfactory evidence of the mistake, omission or error and that the same was not caused by any careless act or omission on the bidder's part in the exercise of ordinary care in examining the plans, specifications, and conforming with the provisions of this section, and in case of forfeiture, shall not be entitled to recover the moneys or certified check forfeited as liquidated damages unless it shall be proven before a court of competent jurisdiction in an action brought for the recovery of the amount forfeited, that in making the mistake, error or omission the bidder was free from carelessness, negligence or inexcusable neglect.
66.29(6)
(6) Separation of contracts. On those public contracts calling for the construction, repair, remodeling or improvement of any public building or structure, other than highway structures and facilities, the municipality may bid projects based on a single or multiple division of the work. Contracts shall be awarded according to the division of work selected for bidding. The municipality may set out in any public contract reasonable and lawful conditions as to the hours of labor, wages, residence, character and classification of workmen to be employed by any contractor, and to classify such contractors as to their financial responsibility, competency and ability to perform work and to set up a classified list of contractors pursuant thereto; and such municipality may also reject the bid of any person, if such person has not been classified pursuant to the said questionnaire for the kind or amount of work in said bid.
66.29(7)
(7) Bidder's certificate. On all contracts the bidder shall incorporate and make a part of the bidder's proposal for the doing of any work or labor or the furnishing of any material in or about any public work or contract of the municipality a sworn statement by the bidder, or if not an individual by one authorized, that the bidder or authorized person so swearing has examined and carefully prepared the proposal from the plans and specifications and has checked the same in detail before submitting the proposal or bid to the municipality, board, department or officer charged with the letting of bids and also at the same time as a part of the proposal, submit a list of the subcontractors the bidder proposes to contract with, and the class of work to be performed by each, provided that to qualify for inclusion in the bidder's list a subcontractor must first submit a bid in writing, to the general contractor at least 48 hours prior to the time of the bid closing, which list shall not be added to nor altered without the written consent of the municipality. A proposal of a bidder shall not be invalid if any subcontractor and the class of work to be performed by the subcontractor has been omitted from a proposal; such omission shall be considered as inadvertent, or that the bidder will perform the work personally.
66.29(8)
(8) Settlement of disputes; defaults. Whenever there is a dispute between the contractor or surety or the municipality as to the determination whether there is a compliance with the provisions of the contract as to the hours of labor, wages, residence, character, and classification of workmen employed by any contractor, the determination of the municipality shall be final, and in case of violation of said provisions, the municipality may declare the contract in default and request the surety to perform or relet upon advertisement the remaining portion of the contract.
66.29(9)
(9) Estimates and release of funds. 66.29(9)(a)(a)
Definition. In this subsection, "municipality" means the state, except the department of transportation, and any town, city, village, county, school district, technical college district, board of school directors, sewer district, drainage district, or any other public or quasi-public corporation, officer, board, or other public body.
66.29(9)(b)
(b)
Retained percentages. As the work progresses under any contract involving $1,000 or more for the construction, execution, repair, remodeling or improvement of any public work or building or for the furnishing of any supplies or materials, whether or not proposals for which are required to be advertised by law, the municipality, from time to time, shall grant to the contractor an estimate of the amount and proportionate value of the work done, which shall entitle the contractor to receive the amount thereof, less the retainage, from the proper fund. On all such contracts, the retainage shall be an amount equal to 10% of said estimate until 50% of the work has been completed. At 50% completion, further partial payments shall be made in full to the contractor and no additional amounts may be retained unless the architect or engineer certifies that the job is not proceeding satisfactorily, but amounts previously retained shall not be paid to the contractor. At 50% completion or any time thereafter when the progress of the work is not satisfactory, additional amounts may be retained but in no event shall the total retainage be more than 10% of the value of the work completed. Upon substantial completion of the work, an amount retained may be paid to the contractor. When the work has been substantially completed except for work which cannot be completed because of weather conditions, lack of materials or other reasons which in the judgment of the municipality are valid reasons for noncompletion, the municipality may make additional payments, retaining at all times an amount sufficient to cover the estimated cost of the work still to be completed or in the alternative may pay out the entire amount retained and receive from the contractor guarantees in the form of a bond or other collateral sufficient to ensure completion of the job. For the purposes of this section, estimates may include any fabricated or manufactured materials and components specified, previously paid for by contractor and delivered to the work or properly stored and suitable for incorporation in the work embraced in the contract.
66.29 Annotation
Under (5), a bidder has no "right" to withdraw its bid or demand that it be amended. Under the terms of the proposal, the commission was entitled to retain the deposit upon plaintiff's failure to execute the contract within 10 days of the notice of award. Nelson Inc. v. Sewerage Comm. of Milw. 72 W (2d) 400, 241 NW (2d) 390.
66.29 Annotation
Acceptance of the bid is a precondition to forfeiture of the bidder's deposit under (5). Gaastra v. Village of Fairwater, 77 W (2d) 7, 252 NW (2d) 60.
66.29 Annotation
Where bid error was discovered after contract was let, dispute was governed by arbitration clause in contract, not by (5). Turtle Lake v. Orvedahl Const., 135 W (2d) 385, 400 NW (2d) 475 (Ct. App. 1986).
66.29 Annotation
Where a governmental entity determines that an apparent low bidder is entitled to relief from an erroneous bid under (5), the bidder should be allowed to correct his bid. 62 Atty. Gen. 144.
