119.48(4)(b)
(b) The communication shall state the purposes for which the funds from the increase in the levy rate will be used and shall request the common council to submit to the voters of the city the question of exceeding the levy rate specified in
s. 65.07 (1) (f) at the September election or a special election.
119.48(4)(c)
(c) Upon receipt of the communication, the common council shall file the communication as provided in
s. 8.37 and shall cause the question of exceeding the levy rate specified under
s. 65.07 (1) (f) to be submitted to the voters of the city at the September election or at a special election. The question of exceeding the levy rate specified under
s. 65.07 (1) (f) shall be submitted so that the vote upon exceeding the levy rate specified in
s. 65.07 (1) (f) is taken separately from any other question submitted to the voters. If a majority of the electors voting on the question favors exceeding the levy rate specified under
s. 65.07 (1) (f), the common council shall approve the increase in the levy rate and shall levy and collect a tax equal to the amount of money approved by the electors.
119.485
119.485
Taxes for state trust fund loans. 119.485(1)
(1) If the board is awarded a state trust fund loan under
subch. II of ch. 24, 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 money necessary to pay the principal and interest on the loan as they become due. The common council shall levy and collect a tax upon all property subject to taxation in the city, at the same time and in the same manner as other taxes are levied and collected, equal to the amount of money required to make such payments. The taxes are in addition to all other taxes that the city is authorized to levy.
119.485(2)
(2) Annually by December 31, the board shall transfer to the city an amount which, when added to the interest that will accrue on the amount, is sufficient to meet the anticipated costs of debt service on the loan in the ensuing year.
119.485 History
History: 1997 a. 27.
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. 120.25, 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 file the communication as provided in
s. 8.37 and 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 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 sum of the amount of such school bonds outstanding and the amount of notes under
s. 119.498 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. The limit under
s. 67.03 (1) (a) does not apply to bonds under this section.
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. 16.287 as managing underwriter of the notes or to engage a minority financial adviser certified under
s. 16.287 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.
119.496
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. 16.287 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. 16.287 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, 1995 stats., 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.
119.498
119.498
Promissory notes; unfunded prior service liability contributions. 119.498(1)
(1) Subject to
s. 119.499 (1), the board may adopt a resolution requesting the common council of the city to authorize the issuance of promissory notes under
s. 67.12 (12) for school purposes consisting 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) and the city issues the notes, annually the board shall include in its budget transmitted to the common council under
s. 119.16 (8) (b) an amount sufficient to pay the principal of and interest and redemption premium on the notes as they become due. The common council may authorize the issuance of the notes at public or private sale.
119.498(3)
(3) The sum of the amount of notes under this section that are outstanding and the amount of bonds under
s. 119.49 that are outstanding at any time may not exceed 2% of the total value of all taxable property in the city as certified under s. 121. 06 (2). The limit under
s. 67.03 (1) (a) does not apply to notes under this section.
119.498(4)
(4) The city's budgetary authorization for borrowing in 2003 is increased by $200,000,000 for the purposes of this section, and notes in that amount may be omitted from the city's 2003 budget.
119.498 History
History: 1995 a. 358;
2003 a. 43.
119.499
119.499
Borrowing; unfunded prior service liability. 119.499(1)(1) The board may not request the redevelopment authority of the city to issue bonds under
s. 66.1333 (5s) or adopt a resolution under
s. 119.498 (1) unless it develops information on both options and chooses the option that is in the best public interest.
119.499(1m)
(1m) If the redevelopment authority of the city issues bonds under
s. 66.1333 (5s), the board may borrow money from the redevelopment authority to pay unfunded prior service liability contributions under the Wisconsin Retirement System for the board. If the board borrows money from the redevelopment authority of the city to make such payments, it may use any school district revenues, including state aid, to repay the loan.
119.499(2)(a)(a) If the board decides to use school district revenues to repay the loan, it may request the city to remit designated revenues of the school district to the redevelopment authority of the city at such times and in such amounts as the board determines. The city may agree to the request, which is irrevocable while any amount due under the loan remains outstanding.
119.499(2)(b)
(b) If the board decides to use state aid to repay the loan, it may request the department to remit the aid to the redevelopment authority of the city in an annual amount agreed to by the board and the department, and the department shall ensure that the aid remittance does not affect the amount determined to be received by the board as state aid under
s. 121.08 for any other purpose.
119.499 History
History: 2003 a. 43.
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. 66.0607 (5) and shall be paid from the proper funds.
119.50 Annotation
One who deals with a municipality does so at his or her own risk and may be subject to any provisions of law that might prevent him or her from being paid by a municipality even though the services were rendered. Unless the power to bind the municipality financially has been specifically delegated, the only entity with the statutory authority to contract is the municipality. The statutes do not authorize anyone other than the board to enter into contracts. The board may delegate that authority, but it must do so clearly and specifically. For an MPS employee to have such power, it must be specifically delegated by the board to that employee or class of employees. Holzbauer v. Safway Steel Products, Inc.
2005 WI App 240,
288 Wis. 2d 250,
708 N.W.2d 36,
04-2058.
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. 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(1)(b)
(b) The board shall establish 2 youth service centers under
par. (a).
119.55(2)
(2) 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;
1997 a. 35,
113.
119.60(1)(1) Except as provided in
sub. (2m) (c), if any real property within the city which is used for school purposes is sold, the board shall determine whether the proceeds of the sale are deposited in the school operations fund under
s. 119.46 or are deposited in the school construction fund under
s. 119.48.
119.60(2)
(2) Except as provided in
sub. (2m), 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(2m)(a)1.1. Subject to
subd. 2., if the common council finds that city-owned property used for school purposes has been unused or underutilized for at least 12 consecutive months, including the 12 months preceding June 8, 2011, or if the board has determined by resolution prior to January 1, 2011, that any city-owned property used for school purposes is surplus to the needs of the school district, the common council may sell or lease that property if it adopts a resolution approving the sale or lease.
119.60(2m)(a)2.
2. Before the common council may adopt a resolution approving the sale or lease of underutilized city-owned property used for school purposes, the common council shall adopt by resolution a set of criteria under which the common council may or may not find that the city-owned property used for school purposes is underutilized. In order to determine whether city-owned property used for school purposes satisfies the criteria adopted under this subdivision, the common council shall request from the board, and the board shall provide to the common council within 15 days of the request, all relevant information regarding the current and planned utilization of the city-owned property used for school purposes that is proposed for sale or lease under this paragraph.
119.60(2m)(b)
(b) If a resolution is adopted by the common council as provided under
par. (a), the board shall provide the common council and city employees and agents copies of all documents related to the property and access to and entry upon and into the property for purposes related to the sale or leasing of the property.
119.60(2m)(c)
(c) If any real property within the city which is used for school purposes is sold or leased as provided in this subsection, the net proceeds of the sale or lease shall be deposited in the school operations fund under
s. 119.46.
119.60(2m)(d)
(d) Notwithstanding
s. 119.16 (1m), if any real property within the city which is used for school purposes is leased as provided in this subsection, the lease shall require the lessee to assume responsibility for the care, operation, and maintenance of the real property and its facilities for the duration of the lease.
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(5)
(5) For any lease of city-owned property used for school purposes in effect on January 1, 2011, between the board and a charter school that is not an instrumentality of the school district under
s. 118.40 (7), the common council shall be made party to the lease and may negotiate with the charter school to modify the terms of the lease when the lease is modified, extended, or renewed if the common council adopts a resolution to do so. If a lease is modified, extended, or renewed as provided in this subsection, the net proceeds of that lease shall be deposited in the school operations fund under
s. 119.46.
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 employee trust funds in any capacity for which a salary or emolument is provided by the board or the department of employee trust funds. No board member, superintendent of schools, assistant superintendent, other assistant, teacher or other employee 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,
19.97 or
281.99.
119.68 Annotation
The Milwaukee Public Schools are not a suable entity. That a complaint should have named the Milwaukee Board of School Directors or City of Milwaukee as defendant did not require dismissal. Amendment to name and serve the appropriate defendant was allowed. Kleckley v. Milwaukee Public Schools, 20 F Supp. 2d 1264 (1998).
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(3)(a)(a) Annually, the board shall spend at least $5,090,000 to expand its half-day 5-year-old kindergarten program to a full-day program, as provided under
par. (b), and shall enroll in the expanded program only pupils who meet the income eligibility standards for a free lunch under
42 USC 1758 (b). The board shall select pupils for the expanded program based on the order in which the pupils register for the program.
