[HISTORY: Adopted by the Common Council of the City of Marion 7-22-1993 as Sec. 2-1-1
and Title 2, Ch. 2, of the 1993 Code. Amendments noted where applicable.]
A.
Mayor-Council government. The City of Marion is a body corporate and politic with the powers of a municipality at common law and governed by the provisions of Chs. 62 and 66, Wis. Stats., laws amending those chapters, other acts of the Legislature and the Constitution of the State of Wisconsin. The City of Marion operates under the Mayor-Council form of government under Ch. 62, Wis. Stats.
B.
Division of responsibilities.
(1)
Legislative branch. The Common Council is the legislative branch
of City government. The primary business is the passage of laws in
the form of ordinances or resolutions which shall prescribe what the
law shall be, not only in relation to the particular facts existing
at the time but as to all future cases arising under it. The Common
Council shall establish the salaries of all officers and employees
of the City and be charged with the official management of the City's
financial affairs, its budget, its revenues and the raising of funds
necessary for the operation of the City.
(2)
Executive branch. The Mayor shall be the chief executive officer.
He shall take care that all City ordinances and state laws are observed
and enforced and that all City officers, boards, committees and commissions
discharge their duties. When present, he shall preside at the meetings
of the Common Council. He shall from time to time give the Council
such information and recommend such measures as he may deem advantageous
to the City.
The Alderpersons of the City of Marion shall constitute the
Common Council. The Common Council shall be vested with all the powers
of the City not specifically given some other officer, as well as
those powers set forth elsewhere throughout this Code.
The City of Marion shall have six Alderpersons in addition to
the Mayor, who is a member of the Common Council by virtue of his
office as Mayor. The Mayor and Alderpersons shall constitute the Common
Council. Three Alderpersons shall be elected each year for a term
of two years. Alderpersons shall be divided into two classes, one
class of Alderpersons to be elected in the odd years and one class
to be elected in the even years. The three candidates for Alderperson
receiving the highest number of votes shall be elected to office for
a two-year term.
A.
Election. The Mayor shall be elected in even-numbered years for a
term of two years.
B.
Duties.
(1)
The Mayor shall be the chief executive officer of the City. He shall
take care that City ordinances and the state statutes are observed
and enforced.
(2)
The Mayor shall, from time to time, provide the Council such information
and recommend such measures as he may deem advantageous to the City.
When present, he shall preside at the meetings of the Council.
(3)
The Mayor shall have such other duties and responsibilities as are
prescribed in the Wisconsin Statutes.
C.
Veto power. He shall have the veto power as to all acts of the Council
except such as to which it is expressly or by necessary implication
otherwise provided. All such acts shall be submitted to him by the
City Clerk-Treasurer and shall be enforced upon his approval, evidenced
by his signature, or upon his failing to approve or disapprove within
five days, which fact shall be certified thereon by the City Clerk-Treasurer.
If the Mayor disapproves, he shall file his objection with the City
Clerk-Treasurer, who shall present it to the Council at its next regular
meeting. A two-thirds vote of all the members of the Council shall
be necessary to make the act effective, notwithstanding the objection
of the Mayor.
D.
Mayoral appointments.
(1)
Wherever in this Code the Mayor is required to appoint citizens to
committees, commissions and/or boards, the Mayor shall give written
notice by executive letter to the Common Council at least seven days
prior to the Council meeting at which such appointment shall be made.
In the event that the Common Council rejects a Mayor's appointment,
the same name may not be submitted for the same job for a period of
12 months after the refusal of such appointment.
(2)
In the event that a vacancy occurs in any committee, board or commission
requiring the appointment of a citizen member and the Mayor does not
nominate a successor thereof for a period of 60 days after the vacancy
occurs, the Common Council may then nominate an appointee to such
position, subject to the approval of the Mayor.
(3)
In the event that the Council, by parliamentary practice, tables
an appointment by the Mayor, such tabling action shall be effective
for that meeting, but at the next regular meeting of the Common Council
such appointment shall be on the meeting agenda for further consideration,
and the particular appointment involved may not be tabled a second
time.
The Common Council at its first meeting subsequent to the regular
election and qualification of new members shall, after organization,
annually choose from its members a President who, in the absence of
the Mayor, shall preside at meetings of the Council and, during the
absence or inability of the Mayor, shall have the powers and duties
of the Mayor, except that he shall not have power to approve an act
of the Council which the Mayor has disapproved by filing objections
with the City Clerk-Treasurer. He shall, when so officiating, be styled
"Acting Mayor." The President of the Council shall be elected for
a one-year term of office.
A.
Standing committees. At the organizational meeting of the Common
Council in each year following the annual election, the Mayor shall
appoint three Councilors to each of the following committees, subject
to Council confirmation, which shall have such duties and responsibilities
as prescribed by the Mayor and this Code and shall make whatever recommendations
to the Council as they deem appropriate or as may be directed by the
Council:
[Amended 3-14-2005 by Ord. No. 2005-02]
B.
Committee appointments.
(1)
Committee appointments shall be made pursuant to § 135-4D. The Chairperson of each committee shall be designated by the Mayor. Each member shall serve as appointed unless excused by a majority of the members of the Council. All Alderpersons shall serve on at least one standing committee.
(2)
The Mayor may declare the entire Council a Committee of the Whole
for informal discussion at any meeting or for any other purpose and
shall ex officio be Chairperson of the same.
(3)
The Mayor may, from time to time, appoint such special committee
or committees as he may deem advisable or as provided for by motion
or resolution stating the number of members and object thereof, to
perform such duties as may be assigned to them.
C.
Reference and reports.
(1)
The Mayor shall refer new business coming before the Common Council
to the appropriate committee, unless otherwise referred or disposed
of by motion of the Council.
(2)
The chairperson of the committee shall report verbally to the Council
at the meeting at which the report of the committee is to be made.
Adoption of the committee report shall comprise final Council action
on any ordinance, resolution or other matter recommended for adoption
by the committee report.
(3)
Formal committee recommendations will be placed on the agenda for
Council action only if they are submitted to the City Clerk-Treasurer
in written form by 12:00 noon of the day prior to the meeting at which
action is requested.
D.
Cooperation of City officers. All City officers shall, upon request
of the chairperson of the committee, confer with the committee and
supply to it such information as may be requested in connection with
any matter pending before the committee.
A.
General. The Common Council shall be vested with all the powers of
the City not specifically given some other officer. Except as otherwise
provided by law, the Common Council shall have the management and
control of the City 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 City, 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 Common Council may acquire
property, real or personal, within or without the City, 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 City, 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 City-owned property, except dedicated,
platted parks.
C.
Acquisition of easements and property rights. Confirming all powers
granted to the Common Council and in furtherance thereof, the Council
is expressly authorized to acquire by gift, purchase or condemnation
under Ch. 32, Wis. Stats., 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 § 62.23, Wis. Stats., and may sell and convey
such easements or property rights when no longer needed for public
use or protection.
D.
City finances. The Common Council 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 City finances.
E.
Construction of powers. Consistent with the purpose of giving to
cities 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 Common Council in this section and throughout this
Code shall be liberally construed in favor of the rights, powers,
and privileges of cities to promote the general welfare, peace, good
order and prosperity of the city and its inhabitants.
F.
Vacancies. Pursuant to § 62.09(5), Wis. Stats., if any
officer is incapacitated or absent for any cause, the Common Council
may appoint some person to discharge his duties until he returns or
such disability has ended.
The Common Council, on behalf of the City, may join with other
villages, towns, or cities or other governmental entities 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 and joint purchasing programs.
The Common Council has the power to preserve order at its meetings,
compel attendance of Alderpersons and punish nonattendance. The Common
Council shall be judge of the election and qualification of its members.
The Mayor and Alderpersons who make up the Common Council, whether
operating under general or special law, may, by three-fourths vote
of all the members of the Common Council, determine that an annual
salary or per diem compensation be paid the Mayor and Alderpersons.
[Amended 12-10-2012 by Ord. No. 2012-001; 4-14-2014 by Ord. No.
2014-002]
A.
Annual organizational meeting. Following a regular City election,
the Common Council shall meet on the third Tuesday of April for the
purpose of organization.
B.
Regular meetings. Regular meetings of the Common Council shall be
held on the second Monday of each calendar month at the hour of 6:00
p.m. or as otherwise scheduled by the Council. All meetings of the
Council shall be held in the Marion City Hall, including special and
adjourned meetings, unless another location is designated by the Common
Council at a previous meeting.
A.
Special meetings may be called by the Mayor upon written notice of
the time and purpose thereof to each member of the Council delivered
to him personally or left at his usual place of abode at least six
hours before the meeting. The City Clerk-Treasurer shall cause an
affidavit of service of such notice to be filed in his office prior
to the time fixed for such special meetings. Special meetings shall
comply with the notice provisions of the Wisconsin Open Meeting Law.[1] In addition, a special meeting may be called by a written
request signed by two Alderpersons, which written notice for said
special meeting shall be delivered to every member of the Council
and the Mayor personally or left at their abode at least six hours
before said meeting being called. A special meeting may be held without
such notice when all members of the Common Council are present in
person or consent, in writing, to the holding of such a meeting, provided
that the provisions of the Wisconsin Open Meeting Law are complied
with. If written consent is obtained, it shall be filed with the City
Clerk-Treasurer prior to the beginning of the meeting.
[Amended 12-10-2012 by Ord. No. 2012-001]
[1]
Editor's Note: See §§ 19.81 to 19.98, Wis.
Stats.
B.
Nongovernmental parties requesting a special meeting of the Council
shall pay a fee equivalent to the Council's actual expenses for such
meeting.
Except as provided in § 19.85, Wis. Stats., all meetings
of the Common Council, committees thereof, and City boards, committees
and commissions shall be open to the public.
A.
Two-thirds of the members-elect of the Common Council shall constitute
a quorum, but a lesser number may adjourn if a majority is not present
or compel the attendance of absent members. The Mayor shall not be
counted in the computing a quorum. No action shall be taken unless
a quorum is present.
B.
The Council may, by a majority vote of those present, adjourn from
time to time to a specific date and hour.
A.
Mayor or Council President to preside. The Mayor shall preside over
all meetings of the Common Council. In the absence of the Mayor, the
President of the Council shall preside.
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 (Revised), unless otherwise provided by statute or by this
chapter. Any member shall have the right to appeal from a decision
of the presiding officer. An appeal shall be sustained by a two-thirds
vote of the members present excluding the Mayor. In the absence of
the City Clerk-Treasurer, the presiding officer shall appoint a Clerk
Pro Tem.
A.
Agenda. At all regular meetings, the order of business shall be according
to the tentative agenda prepared by the City Clerk-Treasurer. All
matters to be considered at a regular or special Council meeting shall
be submitted to the City Clerk-Treasurer at least by 12:00 noon of
the day prior to the meeting. All copies of the agenda shall be forwarded
by the City Clerk-Treasurer to the representatives of the press, radio
and television as part of his notice of such public meeting and to
members of the Council. The following order may be observed in the
conduct of all meetings of the Council:
(1)
Call to order by presiding officer.
(2)
Roll call.
(3)
Reading, correction and approval of the minutes of the last preceding
meeting or meetings.
(4)
Action on claims and bills.
(5)
Communications and miscellaneous work.
(6)
Reports from Mayor and City officers.
(7)
Reports of standing committees.
(8)
Unfinished business remaining from preceding sessions in the order
in which it was introduced.
(9)
New business, including introduction of ordinances.
(10)
Adjournment.
B.
Order to be followed. No business shall be taken up out of order
unless by unanimous consent of all Alderpersons and in the absence
of any debate whatsoever.
C.
Citizen comments. The Mayor or presiding officer shall determine
at what point in a meeting citizens will be called upon to speak and
may impose a limit on the length of time a citizen may address the
Council. A written form shall be provided by the City Clerk-Treasurer
on which the citizen may register to speak at a Council meeting. The
subject to be addressed and/or agenda item shall be indicated.
A.
Ordinances to be in writing. All ordinances submitted to the Council shall be in writing and shall begin with a title and the name of the Alderperson or Mayor introducing the same. All ordinances shall be drafted by the City Attorney at the request of the Mayor or any member of the Council, and upon passage by the Council the City Clerk-Treasurer shall superintend the printing of the same. Any written material introduced may be referred to the appropriate committee pursuant to § 135-6. Any member of the Council may require the reading in full of any ordinance or resolution at any time it is before the Council.
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 Common Council may take action on an ordinance only if it appears
on the written agenda for the meeting at which action is requested.
(2)
Ordinances will be placed on the agenda for Council action only if
they are submitted to the City Clerk-Treasurer in written form not
later than 12:00 noon on the day prior to the regular or special Council
meeting at which action is requested.
A.
All general ordinances of the City and all regulations imposing any
penalty shall be published either in their entirety or as a notice
as provided in § 62.11(4), Wis. Stats., in the official
paper of the City once and shall be immediately recorded, with the
affidavit of publication, by the City 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 Common Council shall be prima
facie proof of due passage, publication and recording thereof.[1]
B.
All ordinances shall take effect and be in force from and after passage
and publication, unless otherwise provided, and published copies thereof
shall have appended the date of first publication.
A.
Roll call. When the presiding officer shall have called the members to order, the City Clerk-Treasurer shall proceed to call the roll in alphabetical order, noting who is present and who is absent. If, after having gone through the call, it shall appear that a quorum is not present, the fact shall be entered in the minutes, and the members present may adjourn to a later date in the month. If they do not, the Council shall stand adjourned to the time appointed for the next regular meeting unless a special meeting is called sooner as provided by the Wisconsin Statutes or §§ 135-12 and 135-13.
B.
Meeting attendance. All members of the Common Council shall attend
all Council meetings, meetings of committees to which members have
been appointed, and special or adjourned meetings when duly notified
thereof. A member who does not appear in answer to his name when the
roll is called at any regular meeting or any special or adjourned
meeting when notified thereof shall be marked absent. Any member seeking
to be excused from attending any regular or special meeting must notify
the Mayor or City Clerk-Treasurer in advance of such meeting, explaining
the reason for his absence, and upon complying with this requirement
such members shall be duly excused from attending said meeting.
C.
Absence of designated presiding officers. In the case of the absence
of the Mayor and the President of the Council, the Council at any
regular or special meeting shall proceed to elect one of its members
to preside at a meeting, which election shall be by open ballot and
shall require a majority of the total votes cast by the members in
attendance.
D.
Roll call vote procedure. The ayes and nays shall be ordered upon
any question at the request of any member of the Council or the Mayor,
and the City Clerk-Treasurer shall call the roll starting with the
Alderperson whose last name appears first on the list of the Alderpersons'
names alphabetically arranged, and, on the next call of the roll,
at the same or any subsequent meeting, the Clerk-Treasurer shall start
with the Alderperson whose name appears next on said alphabetical
list, and each subsequent call of roll shall begin with the name of
the Alderperson next on said alphabetical list of Alderpersons; such
order of roll call shall be followed until the list of Alderpersons
has been completed. Each time the list has been completed, the City
Clerk-Treasurer shall again start on top of the list and proceed on
down through the list.
E.
Reconsideration. When a motion has been decided, it shall be in order
for any member who voted in the majority to move a reconsideration
thereof at the same or next succeeding meeting, and the Mayor shall
call for a roll call of the Alderpersons. If a majority of the members
present shall be in favor of a reconsideration, the subject shall
be before the Council for further action. A motion to reconsider being
put and lost shall not be renewed.[1]
G.
Rules of parliamentary procedure. The rules of parliamentary practice
in Robert's Rules of Order (Revised), which is hereby incorporated
by reference, shall govern the proceedings of the Council in all cases
to which they are applicable and in which they are not inconsistent
with these rules or with the laws of the State of Wisconsin.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II). Original Sec. 2-2-18(h), Reconsideration of questions, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II). See Subsection E, Reconsideration, of this section.
H.
Call for the previous question. Any member desirous of terminating
the debate may call the previous question, when the question announced
by the Mayor shall be "call the main question." If a majority of the
members present vote in the affirmative, the main question shall be
put to a vote without further debate, and its effect shall be to put
an end to all debate and bring the Council to a direct vote, first
upon the pending amendment and then upon the main question.
I.
Amendment of rules. The rules of this section 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 Council.
J.
Suspension of rules. Any of the provisions of this section may be
suspended temporarily by a recorded vote of 2/3 of the Council members
present at any meeting.
[Added 11-8-2021 by Ord. No. 2021-004]
The City shall be divided into three aldermanic districts and
four wards, the numbers and boundaries of which shall be as follows:
A.
Ward 1 will be all that portion of the City of Marion bounded by
the following described line: Commencing at the intersection of School
Street and North Main Street (aka State Highway 110), said intersection
being in the southwest quarter of the northeast quarter of Section
2 (T25N R13E); thence easterly along School Street to its intersection
with Northeast First Street; thence northerly along Northeast First
Street to its intersection with Robert Street; thence easterly along
Robert Street to its intersection with Northeast Third Street; thence
northerly along Northeast Third Street to its intersection with the
north boundary of Waupaca County (said intersection is within the
City of Marion corporate limits for Waupaca County); thence east along
the north boundary line of Waupaca County to its intersection with
the City of Marion corporate limits; thence southerly and easterly
along said corporate limits to the intersection of said limits and
Magolski Road; thence westerly along Magolski Road to its intersection
with East Ramsdell Street (aka County Highway South); thence west
along East Ramsdell Street to its intersection with Hillview Road;
thence south along Hillview Road to its intersection with Bertram
Street; thence west along Bertram Street to the intersection of Bertram
Street and the southeasterly extension of South Parkview Avenue; thence
northwest along South Parkview Avenue to the intersection of East
Ramsdell Street; thence west on East Ramsdell Street to the intersection
of East Perry Avenue; thence northerly along East Perry Avenue to
the intersection of North Main Street; thence northerly along North
Main Street to School Street. This ward will be part of Aldermanic
District 1, Supervisory District 5 and consists of 448 people.
B.
Ward 2 will be all that portion of the City of Marion bounded by
the following described line: Commencing at the intersection of School
Street and North Main Street (aka State Highway 110), said intersection
being in the southwest quarter of the northeast quarter of Section
2 (T25N R13E); thence easterly along School Street to its intersection
with Northeast First Street; thence northerly along Northeast First
Street to its intersection with Robert Street; thence easterly along
Robert Street to its intersection with Northeast Third Street; thence
northerly along Northeast Third Street to its intersection with the
north boundary of Waupaca County (said intersection is within the
City of Marion corporate limits in Waupaca County); thence west along
the north boundary line of Waupaca County to its intersection with
the City of Marion corporate limits; thence southerly and easterly
along City corporate limits to the southeast corner of the fractional
northwest quarter of the northeast quarter of Section 3, T25N R13E;
south to the southerly shore of the Marion Pond; easterly along the
shoreline to the intersection with the extension of West Garfield
Avenue; southeasterly to the intersection of Lions Lane; south along
Lions Lane to Wood Street; east along Wood Street to the intersection
with Milbauer Street; south along Milbauer Street to the intersection
with West Ramsdell Street; east along West Ramsdell Street to the
intersection with North Main Street; northerly along North Main Street
to the intersection with School Street to the point of beginning.
This ward will be part of Aldermanic District 2, Supervisory District
5 and consists of 435 people.
C.
Ward 3 will be all that portion of the City of Marion bounded by
the following described line: Commencing at the intersection of North
Main Street (aka State Highway 110) and East Perry Avenue; thence
southeasterly along East Perry Avenue to its intersection with East
Ramsdell Street; thence east along East Ramsdell Street to the intersection
with South Parkview Avenue; southerly along South Parkview Avenue
to the intersection with Bertram Street; east along Bertram Street
to the intersection with Hillview Road; north along Hillview Road
to the intersection with East Ramsdell Street; east along East Ramsdell
Street to the intersection with Magolski Road; thence easterly along
Magolski Road to its intersection with the City of Marion corporate
limits; thence south and west along said corporate limits to the intersection
of said corporate limits and the south shoreline of the Marion Millpond;
thence easterly along said shoreline to its intersection with the
northwest extension of West Garfield Avenue; thence southeast along
said extension of West Garfield Avenue to the intersection with Lions
Lane; south on Lions Lane to the intersection with Wood Street; east
on Wood Street to the intersection with Milbauer Street; south on
Milbauer Street to the intersection with West Ramsdell Street; east
on West Ramsdell Street to the intersection with North Main Street;
northerly along North Main Street to the intersection with East Perry
Avenue to the point of beginning. This ward will be part of Aldermanic
District 3, Supervisory District 5 and consists of 427 people.
D.
Ward 4 will be all that portion of the City of Marion lying within
Shawano County. This ward will be part of Aldermanic District 1, Supervisory
District 22 and consists of 14 people.
