City of Markesan, WI
Green Lake County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Common Council of the City of Markesan as Ch. 1, Secs. 1.16 through 1.23 and 1.25, of the 1991 Municipal Code. Amendments noted where applicable.]
GENERAL REFERENCES
Administrative review — See Ch. 5.
Utilities — See Ch. 345.
A. 
Membership. The Plan Commission shall consist of the Mayor, who shall be the Chairman, one Alderperson and five citizen members of recognized experience and qualifications. The citizen members shall be appointed by the Mayor for staggered three-year terms, subject to confirmation by the Common Council. The Alderperson member shall be appointed by the Mayor, subject to confirmation by the Common Council for a one-year term.
B. 
Powers and duties. The Plan Commission shall have the powers and duties prescribed in § 62.23, Wis. Stats., and such other powers and duties as shall be vested in the Commission, from time to time, by the Common Council.
A. 
Membership.
(1) 
The Board of Zoning Appeals shall consist of five members appointed by the Mayor, subject to confirmation by the Common Council, for staggered terms of three years.
(2) 
Two alternate members shall be appointed by the Mayor and confirmed by the Common Council for a term of three years and shall act only when a regular member is absent or refuses to vote because of interest.
[Amended 4-14-2015 by Ord. No. 233]
B. 
Officers.
(1) 
Chairman. The Mayor shall designate the Chairman of the Board.
(2) 
Secretary. The Clerk-Treasurer or his designee shall serve as Secretary to the Board.
C. 
Powers and duties. The Board shall have the powers and duties prescribed in § 62.23(7)(e), Wis. Stats.
A. 
Membership. The Board of Review shall consist of the Mayor, the Clerk-Treasurer, two Alderpersons and alternate Alderperson appointed annually by the Mayor, subject to confirmation by the Common Council. The City Assessor shall attend all meetings of the Board.
B. 
Powers and duties. The Board shall have the powers and duties prescribed in § 70.47, Wis. Stats.
A. 
Membership. The Police Committee shall consist of three members, none of whom shall be officers or employees of the City, appointed by the Mayor, subject to confirmation by the Common Council, for staggered three-year terms.
B. 
Powers and duties. The Police Committee shall have the power and duty to discipline the Police Chief and City Police officers who are not probationary in accordance with § 62.13(5), Wis. Stats.
A. 
Membership. The Library Board shall consist of seven members which shall include the Markesan School District Administrator or his representative; one Alderperson or other City representative, and five citizen members appointed by the Mayor, subject to confirmation by the Common Council, for staggered three-year terms, as established under § 43.54(1), Wis. Stats. Green Lake County may appoint up to five additional members under § 43.60, Wis. Stats.
[Amended by Ord. No. 217A]
B. 
Powers and duties. The Library Board shall have the powers and duties prescribed in § 43.58, Wis. Stats. The Board shall consult with the Common Council for the purpose of coordinating library personnel policies with general City personnel policies.
[1]
Editor’s Note: Former § 11-6, Board of Health, as amended, was repealed 6-9-2015 by Ord. No. 235.
A. 
Membership. The Administrative Review Appeals Board shall consist of the Mayor, an Alderperson and one citizen member. The Alderperson member shall be appointed annually by the Mayor, subject to confirmation by the Common Council. The citizen member shall be appointed by the Mayor, subject to confirmation by the Common Council, for a three-year term.
B. 
Powers and duties. See Chapter 5, Administrative Review, of the Code of the City of Markesan.
A. 
Membership. The Markesan Water and Sewer Commission shall consist of the Street, Building and Utility Committee.
[Amended by Ord. No. 155]
B. 
Powers and duties. See Chapter 345, Utilities, of this Code.
[Added by Ord. No. 138]
A. 
Findings and declaration of necessity. The Common Council hereby finds and declares that a need for blight elimination, urban renewal project and programs, housing projects and community development programs and projects exists in the City and that a community development authority functioning within the City constitutes a more effective and efficient means for carrying out such programs and projects. The necessity in the public interest for the provisions of this section is also hereby declared as a matter of legislative determination.
B. 
Creation of Community Development Authority; status as public body. Pursuant to § 66.1335, Wis. Stats., entitled "Housing and Community Development Authorities," there is hereby created a community authority which shall be known as the "Community Development Authority of the City of Markesan." The Community Development Authority (CDA) is deemed to be a public body and a body corporate and politic, exercising necessary public powers and having all the powers, duties and functions conferred on redevelopment authorities and community development authorities by applicable law.
C. 
Composition of governing body; powers vested in Commissioners; compensation. The CDA shall consist of seven resident persons having sufficient ability and experience in the field of urban renewal, community development and housing who shall serve as the governing body (the "Commissioners") of the CDA. The powers of the CDA shall be vested in and exercised by the Commissioners in office from time to time. Commissioners shall receive no compensation for their services, but shall be entitled to reimbursement of their actual and necessary expenses, including local travel expenses, incurred in the discharge of their duties.
D. 
Appointment, confirmation and term of Commissioners; vacancies. The Commissioners of the CDA shall be appointed by the Mayor and confirmed by the Common Council, as follows:
(1) 
Two of the Commissioners shall be members of the Common Council and shall serve ex officio during their terms of office.
(2) 
Terms.
(a) 
The first appointments of the five Commissioners who are not members of the Common Council shall be made for the following terms:
[1] 
Two for terms of one year, ending on the second Tuesday in July of 1993.
[2] 
One each for terms of two, three and four years, ending on the second Tuesday in July of 1994, 1995 and 1996, respectively.
(b) 
Thereafter, all Commissioners who are not members of the Common Council shall be appointed for terms of four years. A Commissioner who is not a member of the Common Council shall hold office until his or her successor has been appointed and qualified unless such Commissioner's term is vacated earlier because of his or her change of residence, removal, resignation, incapacity or death.
(3) 
After the appointments of the original seven Commissioners have been made and confirmed, vacancies occurring during any term shall be filled for the unexpired portion of the term, and new appointments or reappointments of Commissioners shall be made in the same manner in which the original appointments were made.
E. 
Filing of certificate of appointment. A certificate of the appointment or reappointment of any Commissioner shall be filed with the Clerk-Treasurer. Such certificate shall be conclusive evidence of the due and proper appointment of the Commissioner if such Commissioner has been duly confirmed as herein provided and has fully taken and filed the official oath before entering upon his or her office.
F. 
Removal of Commissioners. A Commissioner may be removed from office by the Mayor for incompetency, inefficiency, neglect of duty or misconduct in office, but such Commissioner shall be removed only after he or she shall have been given a copy of the charges at least 10 days prior to the hearing thereon and had an opportunity to be heard in person or by counsel. In the event of the removal of any Commissioner, a record of the proceedings, together with the charges and findings thereon, shall be filed in the office of the Clerk-Treasurer. To the extent applicable, the provisions of § 17.16, Wis. Stats., relating to removal for cause, shall apply to any such removal.
G. 
Meetings; quorum; bylaws. All meetings of the CDA shall be held in compliance with the provisions of Subch. IV of Ch. 19, Wis. Stats., and all applicable sections of this Code. Four Commissioners shall constitute a quorum of the CDA for the purpose of conducting its business and exercising its powers and for all other purposes. Action may be taken by the CDA upon the affirmative vote of a majority of the Commissioners present at any meeting of the CDA at which a quorum is present. No vacancy in the membership of the CDA shall impair the right of a quorum to exercise the powers and perform the functions of the CDA. The CDA may adopt and from time to time amend or repeal such bylaws and other rules and regulations not inconsistent with the applicable law as it deems necessary in the performance of its functions.
H. 
Selection of officers, agents and employees.
(1) 
The CDA shall, annually, elect a Chairperson and Vice Chairperson from among the Commissioners. Vacancies occurring in the office of Chairperson or Vice Chairperson shall be filled from among the Commissioners for the unexpired portion of the term.
(2) 
The CDA may employ technical experts and such other officers, agents and employees, permanent and temporary, as it may require from time to time in the performance of its duties and functions, within the limits of the funds available for such purpose. The CDA may delegate to one or more of its agents or employees such powers or duties as it may deem proper.
(3) 
The CDA may call upon the City Attorney for such legal services as it may require and may also retain specialists to render legal services as required by the CDA from time to time. The CDA may also contract with the City or any other agency or entity, public or private, for the provisions of any necessary staff services associated with or required by the CDA in the performance of its duties or functions which could be performed by the staff of the CDA.
I. 
City assistance to CDA. The CDA is authorized to call upon any department, board, commission or agency of the City for assistance and cooperation in the performance of CDA's duties and functions. All City departments, boards, commissions and agencies are hereby authorized and directed to cooperate with and furnish assistance to the CDA in the performance of the CDA's duties and functions to the extent that such cooperation does not interfere with or disrupt the priorities and work programs of the City agency. In the event that any department or commission or agency shall have good cause for failing to comply with the request of the CDA for assistance, the matter shall be referred to the Mayor's office and, if deemed necessary, to the Common Council for adjudication. In addition, the CDA may contract with the City for performance of such services as may be required by the authority in the performance of its functions. In the event assistance is provided by the department, board, commission or agency of the City, whether by contract or not, the CDA shall agree to compensate the City for all services rendered to the authority.
J. 
Interested Commissioners or employees. No Commissioner or employee of the CDA shall acquire any direct or indirect interest in any project or in any property included or planned to be included in any such project nor shall be or she have any direct or indirect interest in any contract or proposed contract for insurance, materials or services to be furnished or used in any such project. If any Commissioner or employee of the CDA owns or controls a direct or indirect interest in any property included or planned to be included in any such project, he or she shall immediately disclose the same in writing to the CDA and such disclosure shall be entered upon the minutes of the CDA and such Commissioner or employee shall not participate in any action by the CDA relating to such property. Failure to so disclose such interest shall constitute misconduct in office.
K. 
Powers and duties of CDA.
(1) 
The CDA shall have all the powers, duties and functions of a redevelopment and housing authority, as set forth in §§ 66.1201 to 66.1211 and 66.1333, inclusive, Wis. Stats., and all the powers, duties and functions of a housing authority for elderly persons as set forth in § 66.1213, Wis. Stats., and all housing projects and redevelopment projects initiated by the CDA and approved by the Common Council shall be undertaken and carried out pursuant to such sections.
[Amended by Ord. No. 158]
(2) 
The CDA shall have all the powers, duties and functions of a redevelopment authority as set forth in §§ 66.1301 to 66.1327 and 66.1333, Wis. Stats., and all projects relating to blight elimination, slum clearance, urban renewal and redevelopment programs initiated by the CDA and approved by the Common Council shall be undertaken and carried out pursuant to §§ 66.1301 to 66.1327, 66.1331, 66.1333, 66.1337 or 66.1105, Wis. Stats.
(3) 
The CDA may, upon the direction of the Common Council, act as agent of the City in planning and carrying out community development programs and activities funded under the Federal Housing and Community Development Act of 1974, as amended, and any or all community development programs and activities initiated by the CDA and approved by the Mayor and Common Council shall be undertaken and carried out pursuant to such act and other applicable law.
(4) 
The CDA may, upon the direction of the Common Council, act as agent of the City in performing any or all acts, except the development of the general plan of the City, which may otherwise be performed by the Plan Commission under §§ 66.1301 to 66.1327, inclusive, 66.1331, 66.1337 or 66.1105, Wis. Stats.
L. 
Annual budget. An annual budget shall be established by the CDA, which budget shall be subject to approval of the Finance, Personnel and Safety Committee and the Common Council.
[Amended 4-14-2015 by Ord. No. 233]
M. 
Annual report. As part of its annual budget request, the CDA shall file with the Mayor and the Common Council a report of its activities for the preceding year. In addition, the Mayor shall, at the conclusion of three years of operation, file with the Common Council a report on the effectiveness of the activities performed by the CDA. Said report is to be prepared by an independent agency.
N. 
Evidence of Authority. A certified copy of this section shall be filed with the Clerk-Treasurer and shall be prima facie evidence of the CDA's right to transact business, and such section shall not be subject to challenge because of any technicality. In any suit, action or proceeding commenced against the CDA, a certified copy of such section shall be deemed conclusive evidence that the CDA is established and authorized to transact business and exercise its powers hereunder and pursuant to § 66.1335, Wis. Stats.
O. 
Construction. All powers, duties and functions of a community development authority, as set forth in § 66.1335, Wis. Stats., are deemed to have been granted to the CDA as though set forth in this section, except as to those powers, duties and functions which are subject to further authorization and direction of the Common Council, as set forth herein. This section and the powers hereunder shall be construed liberally to effectuate its purpose.