[HISTORY: Adopted by the Village Board of the Village of Webster 3-13-1986
as Title 2, Ch. 2 of the 1986 Code. Amendments noted where applicable.]
The Trustees of the Village of Webster shall constitute the Village
Board. The Village Board shall be vested with all the powers of the village
not specifically given some other officer, as well as those powers set forth
elsewhere throughout this Code.
A.
Election, term and number. The Village of Webster shall
have six Trustees in addition to the President, who is a Trustee by virtue
of his or her office as President. The six Trustees shall constitute the Village
Board. Three Trustees shall be elected at each annual spring election for
a term of two years, commencing on the third Tuesday of April in the year
of their election.
B.
Appointment as President. A Village Trustee shall be
eligible for appointment as Village President to fill an unexpired term.
A.
Election. The Village President shall be elected at the
annual spring election in odd-numbered years for a term of two years, commencing
on the third Tuesday of April in the year of his or her election.
B.
Duties. The Village President shall by virtue of his
office be a Trustee and preside at all meetings of the Board and sign all
ordinances, rules, bylaws, regulations and commissions adopted or authorized
by the Board and all orders drawn on the treasury. He shall maintain peace
and good order, see that the village ordinances are faithfully obeyed and,
in case of disturbance, riot or other apparent necessity, appoint as many
special marshals as he shall deem necessary, who for the time being shall
possess all the powers and rights of constables.
A.
Committee appointments. At the organizational meeting
of the Village Board, the Village President shall appoint three Trustees to
each of the following standing committees:
B.
President to designate chairmen. The President shall
designate the chairman of each standing committee. He shall appoint all special
committees and designate the chairman of each. All committee appointments
except designation of chairmen shall be subject to confirmation by a majority
vote of the Board.
C.
Committee reports. Each committee shall at the next regular
Board meeting submit a report on all matters referred to it. Such report shall
recommend a definite action on each item and shall be approved by a majority
of the committee. Minority reports may be submitted. Any committee may require
any village officer or employee to confer with it and supply information in
connection with any matter pending before it.
A.
General. The Village Board shall be vested with all the
powers of the village not specifically given some other officer. Except as
otherwise provided by law, the Village Board shall have the management and
control of the village property, finances, highways, streets, navigable waters
and the public service and shall have the power to act for the government
and good order of the village, for its commercial benefit and for the health,
safety, welfare and convenience of the public and may carry its powers into
effect by license, regulation, suppression, borrowing, taxation, special assessment,
appropriation, fine, imprisonment and other necessary or convenient means.
The powers hereby conferred shall be in addition to all other grants and shall
be limited only by express language.
B.
Acquisition and disposal of property. The Village Board
may acquire property, real or personal, within or without the village, for
parks, libraries, historic places, recreation, beautification, streets, waterworks,
sewage or waste disposal, harbors, improvement of watercourses, public grounds,
vehicle parking areas and for any other public purpose; may acquire real property
within or contiguous to the village, by means other than condemnation, for
industrial sites; may improve and beautify the same; may construct, own, lease
and maintain buildings on such property for instruction, recreation, amusement
and other public purposes; and may sell and convey such property. Condemnation
shall be as provided by the Wisconsin Statutes.
C.
Acquisition of easements and property rights. Confirming
all powers granted to the Village Board and in furtherance thereof, the Board
is expressly authorized to acquire by gift, purchase or condemnation under
the Wisconsin Statutes any and all property rights in lands or waters, including
rights of access and use, negative or positive easements, restrictive covenants,
covenants running with land, scenic easements and any rights for use of property
of any nature whatsoever, however denominated, which may be lawfully acquired
for the benefit of the public or for any public purpose, including the exercise
of powers granted under §§ 61.35 and 62.23, Wis. Stats., and
may sell and convey such easements or property rights when no longer needed
for public use or protection.
D.
Village finances. The Village Board may levy and provide
for the collection of taxes and special assessments; may refund any tax or
special assessment paid, or any part thereof, when satisfied that the same
was unjust or illegal; and generally may manage the village finances. The
Village Board may loan money to any school district located within the village
or within which the village 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
village 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 1/2 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 Village Board.
E.
Construction of powers. Consistent with the purpose of
giving to villages the largest measure of self-government in accordance with
the spirit of the home rule amendment to the Constitution, the grants of power
to the Village Board in this section and throughout this Code of Ordinances
shall be liberally construed in favor of the rights, powers and privileges
of villages to promote the general welfare, peace, good order and prosperity
of the village and its inhabitants.
The Village Board, on behalf of the village, may join with other villages
or cities in a cooperative arrangement for executing any power or duty in
order to attain greater economy or efficiency, including joint employment
of appointive officers and employees.
The Village Board has the power to preserve order at its meetings, compel
attendance of Trustees and punish nonattendance. Members of the Village Board
shall be residents of the village at the time of their election and during
their terms of office.
The President and other Trustees who make up the Village Board, whether
operating under general or special law, may by majority vote of all the members
of the Village Board determine that an annual salary be paid the President
and Trustees. Salaries heretofore established shall so remain until changed
by ordinance and shall not be increased or diminished during their terms of
office.
[Amended 5-20-1999]
A.
Regular meetings. Regular meetings of the Village Board
shall be held on the second Wednesday of each calendar month at 6:00 p.m.
local time, or at such other times as the Board may direct. Any regular meeting
falling on a legal holiday shall be held on a day selected by a majority of
the Board at a previous meeting. All meetings of the Board shall be held at
the Village of Webster Municipal Building, unless specified otherwise in the
minutes of the preceding meeting or by written notice posted at the regular
meeting place at least three hours prior to any meeting. In any event, all
Board meetings shall be held within the boundaries of the Village of Webster.
B.
Annual organizational meeting. The Village Board shall
hold an annual meeting on the first regular meeting of May for the purpose
of organization.
Special meetings of the Board may be called by the Village President
or by two Trustees by filing a written request with the Clerk-Treasurer at
least 24 hours prior to the time specified for such meeting. The Clerk-Treasurer
shall immediately notify each Trustee of the time and purpose
of such meeting. The notice shall be delivered to each Trustee personally
or left at his usual place of abode. The Clerk-Treasurer shall cause an affidavit
of such notice to be filed in his office prior to the time fixed for such
special meeting. Unless a quorum of Trustees is in attendance, no business
shall be transacted at a special meeting except for the purpose stated in
the notice thereof. Notice to the public of special meetings shall conform
to the open meeting requirements of § 61.32 and Chapter 19, Subchapter
IV, Wis. Stats.
All meetings of the Board and committees thereof shall be open to the
public, unless falling within a lawful exception of the Wisconsin Open Meetings
Law.
Four members of the Village Board shall constitute a quorum, but a lesser
number may adjourn or compel the attendance of absent members if a majority
is not present. The President shall be counted in computing a quorum.
A.
Village President shall preside. The Village President
shall preside over meetings of the Village Board. In case of absence of the
President, the Clerk-Treasurer shall call the meeting to order and preside
until the Trustees present select a Trustee to preside temporarily.
B.
Duties. The presiding officer shall preserve order and
decorum, decide all questions of order and conduct the proceedings of the
meeting in accordance with the parliamentary rules contained in Robert's
Rules of Order, unless otherwise provided by statute or by these rules. Any
member shall have the right to appeal from a decision of the presiding officer.
Such appeal is not debatable and must be sustained by a majority vote of the
members present excluding the presiding officer.
C.
Participation in debate. The presiding officer may speak
upon any question or make any motion if he vacates the chair and designates
a Trustee to preside temporarily.
A.
Order of business. At all meetings, the following order
may be observed in conducting the business of the Village Board:
(1)
Call to order by presiding officer.
(2)
Roll call. (If a quorum is not present, the meeting shall
thereupon adjourn, which may be to a specified date.)
(3)
Reading, correcting and approval of the minutes of the
last preceding meeting or meetings.
(4)
Presentation of accounts and petitions.
(5)
Reports of committees.
(6)
Unfinished business from previous meetings.
(7)
New business, including the introduction of ordinances
and resolutions.
(8)
Reports of village officers.
(9)
Communications and miscellaneous business.
(10)
Adjourn.
B.
Order to be followed. No business shall be taken up out
of order unless authorized by the Village President or by majority consent
of all Trustees and in the absence of any debate whatsoever.
C.
Roll call; procedure when quorum not in attendance. As
soon as the Board shall be called to order, the Clerk-Treasurer shall proceed
to call the names of the members in alphabetical order, noting who is present
and who is absent, and record the same in the proceedings of the Board. If
it shall appear that there is not a quorum present that fact shall be entered
on the journal and the Board may adjourn or the presiding officer or, in case
of his absence, the Clerk-Treasurer may issue a process to any policeman commanding
him forthwith to summon the absentees.
A.
Procedure for introduction and adoption of ordinances.
(1)
Requests or proposals for new ordinances or ordinance
revisions shall be introduced at a regular Village Board meeting.
(2)
After discussion, the request shall be referred to the
Judiciary and Regulatory Committee by Board motion.
(3)
After due study, the Judiciary and Regulatory Committee
shall make its recommendations at the next regular meeting unless the Board
has granted a longer time.
(4)
At least three days prior to the Board meeting, the Judiciary
and Regulatory Committee Chairman shall mail a copy of the proposed ordinance
changes to Board members.
(5)
The Judiciary and Regulatory Committee Chairman shall
notify the Clerk-Treasurer of the Committee's proposals so that they
can be placed on the meeting agenda.
(6)
If Board members are not in receipt of the proposed changes
prior to the Board meeting and proper public notice is unable to be provided,
action shall be delayed until the next schedule Village Board meeting.
B.
Subject and numbering of ordinances. Each ordinance shall
be related to no more than one subject. Amendment or repeal of ordinances
shall only be accomplished if the amending or repealing ordinance contains
the number and title of the ordinance to be amended or repealed, and the title
of amending and repealing ordinances shall reflect their purpose to amend
or repeal.
C.
Notice.
(1)
The Village Board may take action on an ordinance or
resolution only if it appears on the written agenda for the meeting at which
action is requested.
(2)
Resolutions or ordinances will be placed on the agenda
for Board action only if they are submitted to the Clerk-Treasurer in written
form a minimum of three days prior to the meeting at which action is requested.
D.
Disposition of petitions, communication, etc. Every petition
or other writing of any kind addressed to the Village Board or to the Clerk-Treasurer
or other village officer for reference to the Village Board shall be delivered
by the Clerk-Treasurer or such other village officer to the Village President
or to the presiding officer of the Board as soon as convenient after receipt
of the same and, in any event, prior to or at the opening of the next meeting
of the Village Board following the receipt of the same. Every such petition,
or other writing, and every paper, communication or other proceeding which
shall come before the Board for action may be referred by the Village President
or presiding officer to the appropriate committee or commission, unless objected
to by some member of the Board.
All general ordinances of the village and all regulations imposing any
penalty shall be published in the official paper of the village once or posted
according to state law and shall be immediately recorded, with the affidavit
of publication, by the Village Clerk-Treasurer in a book kept for that purpose.
A printed copy of such ordinance or regulation in any book, pamphlet or newspaper
and published or purporting to be published therein by direction of the Village
Board shall be prima facie proof of due passage, publication and recording
thereof.
A.
A roll call shall not be necessary on any questions or
motions except as follows:
(1)
When the ayes and noes are requested by any member.
(2)
On confirmation and on the adoption of any measure assessing
or levying taxes, appropriations or disbursing money or creating any liability
or charge against the village or any fund thereof.
(3)
When required by the state statutes of Wisconsin.
B.
All aye and nay votes shall be recorded in the official
minutes.
C.
Except as provided below, the Village Board shall in
all other respects determine the rules of its procedure, which shall be governed
by Robert's Rules of Order, as amended, which is hereby incorporated
by reference, unless otherwise provided by ordinance or statute, except when
otherwise limited or modified by this Code of Ordinances:[1]
(1)
No Trustee shall address the Board until he has been
recognized by the presiding officer. He shall thereupon address himself to
the Board and confine his remarks to the question under discussion and avoid
all personalities.
(2)
When two or more members simultaneously seek recognition,
the presiding officer shall name the member who is to speak first.
(3)
No person other than a member shall address the Board
except under order of business, except that citizens may address the Board
with the permission of the presiding officer as to matters which are being
considered by the Board at the time.
When a question has been once decided, any member of the majority or,
in case of a tie, any member voting in the affirmative may move a reconsideration
thereof, but if a motion to reconsider is made on a day subsequent to that
on which the ordinance question was decided, a vote of the majority of the
entire Board shall be required to sustain it.
Whenever any disturbance or disorderly conduct shall occur in any of
the meetings of the Board, the President may cause the room to be cleared
of all persons guilty of such disorderly conduct except the Trustees.
The rules of this chapter shall not be rescinded or amended unless the
proposed amendment or motion to rescind has laid over from a regular meeting,
and then it shall require a vote of 2/3 of all the members of the Board.
These rules shall not be suspended except by a two-thirds vote of all
the members of the Board.
