[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.
[Amended 8-9-2023 by Ord. No. 2023-01]
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.
