[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.]
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]
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.
[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:
(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.
