62.11 AnnotationA city probably can contract with a county to provide fire protection to a county institution located outside of the boundaries of the city. 62 Atty. Gen. 84.
62.11 AnnotationA municipality has no jurisdiction over chemical treatment of waters to suppress aquatic nuisances. The Department of Natural Resources is granted statewide supervision over aquatic nuisance control under s. 144.025 (2) (i) [now s. 281.17 (2)]. Applications for permits to chemically treat aquatic nuisances under s. 144.025 (2) (i) [now s. 281.17 (2)] may be denied even though statutory and regulatory requirements have been met if the chemical treatment would be counter-productive in achieving the goals set out in s. 144.025 (1) [now s. 281.11]. 63 Atty. Gen. 260.
62.11 AnnotationLocal units of government may not create and accumulate unappropriated surplus funds. However, a local unit of government may maintain reasonable amounts necessary in the exercise of sound business principles to meet the immediate cash flow needs of the municipality during the current budgetary period or to accumulate needed capital in non-lapsing funds to finance specifically identified future capital expenditures. 76 Atty. Gen. 77. 62.11 AnnotationArticle VIII, section 5 restricts the state from levying taxes to create a surplus having no public purpose. Although the constitutional provision does not apply directly to municipalities, the same limitation applies indirectly to them because the state cannot delegate more power than it has. 76 Atty. Gen. 77. 62.11 AnnotationConflicts Between State Statute and Local Ordinance in Wisconsin. Solheim. 1975 WLR 840.
62.11 AnnotationMadison’s Minimum-Wage Ordinance, Section 104.001, and the Future of Home Rule in Wisconsin. Burchill. 2007 WLR 151.
62.11562.115 Defense of officers by city attorney. 62.115(1)(1) The common council of any city, however incorporated, may by ordinance or resolution authorize the city attorney to defend actions brought against any officer or employee of such city or of any board or commission thereof, growing out of any acts done in the course of employment, or out of any alleged breach of duty as such officer or employee, excepting actions brought to determine the right of such officer or employee to hold or retain that person’s office or position, and excepting also actions brought by such city against any officer or employee thereof. 62.115(2)(2) Nothing in this section contained, nor any action taken by any city or by any city attorney pursuant to the provisions of this section, shall be construed to impose any liability, either for costs, damages or otherwise, upon such city or city attorney. 62.115 HistoryHistory: 1991 a. 316. 62.12(1)(1) Fiscal year. The calendar year shall be the fiscal year. 62.12(2)(2) Budget. Annually on or before October 1, each officer or department shall file with the city clerk an itemized statement of disbursements made to carry out the powers and duties of the officer or department during the preceding fiscal year, a detailed statement of the receipts and disbursements on account of any special fund under the supervision of the officer or department during the year and of the condition and management of the fund and detailed estimates of the same matters for the current fiscal year and for the ensuing fiscal year. 62.12(3)(3) Accounting. The city treasurer shall keep separate all special funds, and the city clerk shall keep a separate account with the general fund for each officer or department through which disbursements are made from the general fund to carry out the powers and duties of such officer or department. The council shall examine and adjust the accounts of the clerk, treasurer and all other officers or agents of the city after the same shall have been audited by the comptroller. 62.12(5)(5) License moneys. Moneys received for licenses may be used for such purpose as the council shall direct in the absence of specific appropriation by law. 62.12(6)(6) Funds; appropriations; debts. 62.12(6)(a)(a) Unless otherwise provided by law city funds shall be paid out only by authority of the council. Such payment shall be made in the manner provided by s. 66.0607. 62.12(6)(b)(b) The council shall not appropriate nor the treasurer pay out: 62.12(6)(b)1.1. Funds appropriated by law to a special purpose except for that purpose; 62.12(6)(b)2.2. Funds for any purpose not authorized by the statutes; nor 62.12(6)(b)3.3. Funds from any fund in excess of the moneys therein. 62.12(6)(c)(c) No debt shall be contracted against the city nor evidence thereof given unless authorized by a majority vote of all the members of the council. 62.12(7)(7) City depositories. The council shall designate the public depository or depositories within this state with which city funds shall be deposited, and when the money is deposited in such depository in the name of the city, the treasurer and bondsmen shall not be liable for such losses as are defined by s. 34.01 (2). The interest arising therefrom shall be paid into the city treasury. 62.12(8)(a)(a) All claims and demands against the city shall be itemized and filed with the clerk, who shall deliver the same to the comptroller for examination. The comptroller shall within 30 days thereafter examine such claim or demand and return the same to the clerk with the comptroller’s report thereon in writing, who shall place the same before the council for action at its next meeting. 62.12(8)(b)(b) Payment of regular wages or salary pursuant to the budget and salary schedule adopted by the council may be by payroll, verified by the proper official, and filed in time for payment on the regular pay day. 62.12(9)(9) Loans. The council may loan money to any school district located within the city, or within which the city is wholly or partially located, in such sums as are needed by such district to meet the immediate expenses of operating the schools thereof, and the board of the district may borrow money from such city accordingly and give its note therefor. No such loan shall be made to extend beyond August 30 next following the making thereof or in an amount exceeding one-half of the estimated receipts for such district as certified by the state superintendent of public instruction and the local school clerk. The rate of interest on any such loan shall be determined by the city council. 62.12 HistoryHistory: 1973 c. 90, 333; 1975 c. 39, 80, 180, 224, 353, 421; 1977 c. 113 ss. 3, 6; 1977 c. 142; 1977 c. 203 s. 101; 1977 c. 272, 418; 1979 c. 34; 1979 c. 175 s. 51; 1981 c. 20, 61, 93; 1983 a. 27; 1983 a. 189 s. 329 (17), (21); 1985 a. 29, 225; 1991 a. 316; 1995 a. 27, 225; 1997 a. 27; 1999 a. 150 s. 672. 62.12 Cross-referenceCross-reference: See ss. 62.25 and 893.80 for actions upon claims.