City of Manawa, WI Administration of Government

Legislative branch. The Common Council is the legislative branch of City government. Its 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 fix 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.

Executive branch. The Mayor shall be the chief executive officer. The Mayor 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, the Mayor shall preside at the meetings of the Common Council. The Mayor shall from time to time give the Council such information and recommend such measures as he or she may deem advantageous to the City.

(State law reference: Wisconsin Constitution, Art. XI, Sec. 3)

§ 4-2 Official newspaper.

The official newspaper of the City of Manawa shall be the Manawa Advocate. (State law reference: W.S.A. s. 985.06)

§ 4-3 Aldermanic districts.

[Amended 7-16-2001; 7-25-2011 by Res. No. 2011-11]

The City shall be divided into three Aldermanic Districts (Wards), the numbers and boundaries of which shall be as follows:

Ward 1/Aldermanic District 1. All that portion of the City of Manawa bounded by the following describe line: Commencing at the intersection of Inn Street and Mill Street, said intersection being in the Southwest Quarter of the Southwest Quarter of Section 15 (T23N R13E); thence south along Mill Street to its intersection with East Fourth Street; thence east along East Fourth Street to its intersection with the City of Manawa corporate limits; thence south along said corporate limits to the intersection of said corporate limits and the railroad (said intersection being along the west corporate limits, north of Railroad Street); thence southeast along the railroad to its intersection with Depot Street (aka State Highway 22, State Highway 110, and County Highway B); thence northeast along Depot Street to its intersection with South Bridge Street; thence north along South Bridge Street to its intersection with Inn Street; thence east along Inn Street to the point of beginning. This ward/Aldermanic District One will be part of Supervisory District 27 and consists of 454 people.

Ward 2/Aldermanic District 2. All that portion of the City of Manawa bounded by the following describe line: Commencing at the intersection of Inn Street and Mill Street, said intersection being in the Southwest Quarter of the Southwest Quarter of Section 15 (T23N R13E); thence north along Mill Street to its intersection with 2nd Street; thence east along 2nd Street to its intersection with Factory Street; thence north along Factory Street to its intersection with Union Street (aka County Highway N); thence east along Union Street to its intersection with Center Street; thence north along Center Street to its intersection with the south shoreline of the Manawa Millpond; thence westerly along said shoreline to its intersection with the south bank of the Little Wolf River; thence westerly along said bank to its intersection with North Bridge Street (aka State Highway 22, State Highway 110 and County Highway N); thence north along North Bridge Street to its intersection with Riverview Drive; thence easterly along Riverview Drive to the City of Manawa corporate limits; thence north along said corporate limits to the intersection of said corporate limits and the railroad (said intersection being along the west corporate limits, north of Railroad Street; thence southeast along the railroad to its intersection with Depot Street (aka State Highway 22, State Highway 110, and County Highway B); thence northeast along Depot Street to its intersection with South Bridge Street; thence north along South Bridge Street to its intersection with Inn Street; thence east along Inn Street to the point of beginning. This ward/Aldermanic District Two will be part of Supervisory District 27 and consists of 458 people.

Ward 3/Aldermanic District 3. All that portion of the City of Manawa bounded by the following describe line: Commencing at the intersection of Inn Street and Mill Street, said intersection being in the Southwest Quarter of the Southwest Quarter of Section 15 (T23N R13E); thence north along Mill Street to its intersection with 2nd Street; thence east along 2nd Street to its intersection with Factory Street; thence north along Factory Street to its intersection with Union Street (aka County Highway N); thence east along Union Street to its intersection with Center Street; thence north along Center Street to its intersection with the south shoreline of the Manawa Millpond; thence westerly along said shoreline to its intersection with the south bank of the Little Wolf River; thence westerly along said bank to its intersection with North Bridge Street (aka State Highway 22, State Highway 110 and County Highway N); thence north along North Bridge Street to its intersection with Riverview Drive; thence easterly along Riverview Drive to the City of Manawa corporate limits; thence south along said corporate limits to the intersection of said corporate limits and East Fourth Street (said intersection being along the east corporate limits); thence west along East Fourth Street to its intersection with Mill Street; thence north along Mill Street to the point of beginning. This ward/Aldermanic District Three will be part of Supervisory District 27 and consists of 459 people.

§ 4-4 City boundaries.

The Common Council shall annually, at the first regular meeting after the organizational meeting, certify by resolution the then-existing legal description of the total boundaries of the City, which resolution shall be kept on file in the Clerk-Treasurer's office. Changes in boundaries and annexations shall be reported by the Clerk-Treasurer to the Secretary of State as required by W.S.A. s. 66.021(8).[1]

Editor's Note: W.S.A. s. 66.021(8) was renumbered to W.S.A. s. 66.0217(9) by 1999 Act 150, §§ 44 to 63.

The Council may, from time to time, direct a survey of its present boundaries to be made, which may be on file in the office of the Register of Deeds for Waupaca County pursuant to W.S.A. s. 66.021(8)(c).[2]

[Amended 1-3-2000]

[2]

Editor's Note: W.S.A. s. 66.021(8) was renumbered to W.S.A. s. 66.0217(9) by 1999 Act 150, §§ 44 to 63.

§ 4-5 Election officials.

[Amended 8-17-2009 by Res. No. 2009-7]

There shall be a minimum of three inspectors for each polling place at each election held under W.S.A. chs. 5 to 12 and a minimum of seven inspectors for each polling place for presidential elections. When voting machines are used, the number of inspectors may be reduced to five. Inspectors shall be appointed as provided in W.S.A. s. 7.30.

§ 4-6 Elections.

Annual City election. The annual City election shall be held on the first Tuesday in April.

Polling hours. The polls for all elections shall open at 7:00 a.m. and close at 8:00 p.m. The rules for provision of voting booths, ballots and election officials and all of the rules for conduct of elections in W.S.A. chs. 5 through 12 shall apply to elections in the City of Manawa.

[Amended 1-3-2000; 7-16-2001]

Polling places. The designated polling place for all wards of the City of Manawa shall be at the City Hall or as designated by the Common Council.

§ 4-7 Nonpartisan primary for City offices.

Whenever three or more candidates file nomination papers, candidates for elective City offices shall be nominated by a nonpartisan primary conducted pursuant to W.S.A. s. 8.05(4). Such candidate shall file with his or her nomination papers a declaration that he or she will qualify for the office to which he or she may be elected. (State law reference: W.S.A. s. 8.11)

§ 4-8 Common Council.

The Alderpersons of the city 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. (State law reference: W.S.A. s. 62.11)

§ 4-9 Alderpersons.

Election, term and number. The City shall have six Alderpersons in addition to the Mayor, who is a member of the Common Council by virtue of his or her office as Mayor. The six Alderpersons shall constitute the Common Council. Two Alderpersons shall be elected from each ward for a term of two years. Alderpersons shall be divided into two classes. One class of Alderpersons is to be elected in the odd years and one class from each ward is to be elected in the even years.

[Amended 7-16-2001]

Appointment as Mayor. An Alderperson shall be eligible for appointment as Mayor to fill an unexpired term.

(State law reference: W.S.A. s. 62.09)

§ 4-10 Mayor.

Election. The Mayor shall be elected in odd-numbered years for a term of two years.

Duties.

The Mayor shall be the chief executive officer of the City. The Mayor shall take care that City ordinances and the state statutes are observed and enforced.

The Mayor shall, from time to time, provide the Council with such information and recommend such measures as the Mayor may deem advantageous to the City. When present, the Mayor shall preside at the meetings of the Council.

The Mayor shall have such other duties and responsibilities as are prescribed in the Wisconsin statutes.

Veto power. The Mayor shall have veto power as to all acts of the Council except such as to which it is expressly or by necessary implications otherwise provided. All such acts shall be submitted to the Mayor by the City Clerk-Treasurer and shall be enforced upon the Mayor's approval, evidenced by his or her signature, or upon the Mayor's failing to approve or disapprove within five days, which fact shall be certified thereon by the Clerk-Treasurer. If the Mayor disapproves, he or she shall file his or her objection with the 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.

[State law reference: W.S.A. s. 62.09(8)]

§ 4-11 President of Council.

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 or she shall not have power to approve an act of the Council which the Mayor has disapproved by filing objections with the Clerk-Treasurer. The President shall, when so officiating, be styled "Acting Mayor." The President of the Council shall be elected for a one-year term of office. [State law reference: W.S.A. s. 62.09(8)(e)]

§ 4-12 Standing committees; action on committee reports.

Standing committees. At the organizational meeting of the Common Council in each year following the annual election, the Mayor shall appoint three Alderpersons 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 make whatever recommendations to the Council as they deem appropriate or as may be directed by the Council:

Improvements and Services Committee.

Finance and Personnel Committee.

Protection and Welfare Committee.

(4)

Little Wolf River Committee (three members).

Committee of the whole. If any issue requires committee review by more than one committee, this issue shall automatically be referred to the entire Common Council meeting as a committee of the whole.

Committee appointments.

The Chairperson of each committee shall be designated by the Mayor, except that the Mayor shall be ex officio Chairperson of the Finance and Personnel Committee. 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. The Mayor shall be an ex officio member of each standing committee.

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.

The Mayor may, from time to time, appoint such special committee or committees as may be deemed advisable or provided for by motion or resolution stating the number of members and object thereof to perform such duties as may be assigned to them.

Reference and reports.

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.

Any written committee reports shall be filed with the City Clerk-Treasurer not later than 12:00 noon on the Thursday preceding the next regular meeting of the Council. 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. 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.

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 a minimum of four days prior to the meeting at which action is requested.

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.

§ 4-13 General powers of Common Council.

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.

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 continuous 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.

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 W.S.A. ch. 32, any and all property rights in lands or waters, including rights of access and use, negative or positive easements, restrictive covenants, covenants running with the 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 W.S.A. s. 62.23, and may sell and convey such easements or property rights when no longer needed for public use or protection.

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.

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.

[State law reference: Wisconsin Constitution, Art. XI, Sec. 3; W.S.A. ss. 62.09(7) and 62.11]

§ 4-14 Cooperation with other municipalities.

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. (State law reference: W.S.A. s. 66.30[1])

Editor's Note: This section was renumbered in part and repealed in part by 1999 Act 150, §§ 348 to 357.

§ 4-15 Internal powers of Common Council.

The Common Council has the power to preserve order at its meetings, compel attendance of Alderpersons and punish nonattendance. The Common Council shall be the judge of the election and qualification of its members. (State law reference: W.S.A. s. 62.11)

§ 4-16 Salaries and compensation.

The Mayor and Alderpersons who make up the Common Council, whether operating under general or special law, may, by majority vote of all the members of the Common Council, determine that an annual salary or per diem compensation be paid the Mayor and Alderpersons.

The salaries and wages of City officials of the City of Manawa named herein are fixed as follows:

[Amended 1-3-2000]

Mayor: $285 per month; $10 for committee meetings.

Alderpersons: $80 per month; $40 per special Council meeting; $10 for committee meeting.

[Amended 7-16-2001]

The committee meetings paid for will include the Finance and Personnel, Improvements and Services, Protection and Welfare and Little Wolf River Committees. Plan Commission, Fire Board and Library Board.

[Amended 7-16-2001]

[State law reference: W.S.A. s. 62.09(6)]

§ 4-17 Common Council meetings.

Annual organization meeting. Following a regular City election, the Common Council shall meet on the third Tuesday of April for the purpose of organization.

Regular meetings. Regular meetings of the Common Council shall be held on the third Monday of each calendar month at the hour of 6:00 p.m.

[Amended 1-2-2001; 7-6-2010 by Res. No. 2010-12; 6-27-2011 by Res. No. 2011-10]

Attendance. Any Alderperson who intends to be absent from a regular Council meeting should notify the Clerk-Treasurer no later than 12:00 noon preceding the meeting.

[State law reference: W.S.A. s. 62.11(2)]

§ 4-18 Special meetings.

Special meetings may be called by the Mayor or by two Alderpersons upon written notice of the time and purpose thereof to each member of the Council delivered to him or her personally or left at his or her 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 or her office prior to the time fixed for such special meeting. 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 Wisconsin's Open Meeting Law are complied with.[1] If written consent is obtained, it shall be filed with the Clerk-Treasurer prior to the beginning of the meeting. Attendance by any Council member shall be deemed a waiver on the member's part of any defect of notice. Any special meeting attended by all Alderpersons shall be a regular meeting for the transaction of any business that may come before such meeting.

Editor's Note: See W.S.A. s. 19.81 et seq. and Ch. A400, Open Meeting Law Guide, of this Code.

Nongovernmental parties requesting a special meeting of the Council may pay a fee of $25 for such meeting.

[Amended 1-3-2000]

[State law reference: W.S.A. s. 62.11(2)]

§ 4-19 Open meetings. [1]

Except as provided in W.S.A. s. 19.85, all meetings of the Common Council, committees thereof and boards, committees and commissions shall be open to the public. [State law reference: W.S.A. s. 62.11(3)(c) and ch. 19, subch. V]

Editor's Note: See also Ch. A400, Open Meeting Law Guide.

§ 4-20 Quorum.

A majority 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 computing a quorum. No action shall be taken unless a quorum is present.

The Council may, by a majority vote of those present, adjourn from time to time to a specific date and hour.

[State law reference: W.S.A. s. 62.11(3)(b)]

§ 4-21 Presiding officer.

Presiding officer. The Mayor shall preside over all meetings of the Common Council. In the absence of the Mayor, the President of the Council shall preside. In case of absence of the Mayor and President of the Council, the Clerk-Treasurer shall call the meeting to order and the senior Alderperson present shall be the President Pro Tem.

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 these rules. 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 Clerk-Treasurer, the presiding officer shall appoint a Clerk Pro Tem.

[State law reference: W.S.A. s. 62.09(8)]

§ 4-22 Order of business.

Order of business. At all regular meetings, the order of business shall be according to the tentative agenda prepared by the City Clerk-Treasurer and distributed to the Mayor and each member of the Common Council no later than the Monday preceding the regular meeting. Members of the Council and city officers desiring a matter to be placed on the agenda shall submit the same to the City Clerk-Treasurer, who shall be responsible for agenda preparation and distribution, not later than 12:00 noon on the Friday preceding the regular meeting. Generally, the following order may be observed in the conduct of all meetings of the Council:

Call to order.

Approval of the agenda.

Approval of the Council meeting minutes.

(4)

Bills of allowance.

(5)

Audience.

(6)

Standing and special committee reports.

(a)

Finance and Personnel.

Public property and purchasing.

[2]

Public finance.

[3]

Insurance.

[4]

City personnel, labor and wage negotiations.

(b)

Improvements and Services.

Streets.

Sidewalks.

Sanitation.

Water and sewer.

Recreation and parks.

[Added 11-5-2009 by Res. No. 2009-8]

(c)

Protection and Welfare.

Police.

Health.

Safety.

Fire.

(Reserved)[1]

Editor's Note: Former Subsection A(6)(c)[5], Recreation, was repealed 11-5-2009 by Res. No. 2009-8. See now Subsection A(6)(b)[5].

Welfare.

Ordinance.

Communications.

Reports of officers.

Mayor.

Chief of Police.

Attorney.

Director of Public Works.

Clerk.

Financial report.

Unfinished business.

New ordinances and resolutions.

(11)

Other new business.

(12)

Such other matters as are authorized by law.

(13)

Adjournment.

Order to be followed; citizen comments. No business shall be taken up out of order unless by unanimous consent of all Alderpersons and in the absence of any debate whatsoever. The Mayor or presiding officer may impose a time limit on the length of time citizens may address the Council.

Roll call; procedure when quorum lacking. As soon as the Council shall be called to order, the City Clerk-Treasurer shall proceed to call the names of the members, noting who is present and who is absent, and record the same in the proceedings of the Council. If it shall appear that there is not a quorum present, the fact shall be entered on the journal and the Council shall adjourn.

§ 4-23 Ordinances.

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. Any written material introduced may be referred to the appropriate committee pursuant to § 4-12. Any member of the Council may require the reading in full of any ordinance or resolution at any time it is before the Council.

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.

Notice.

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.

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 Thursday prior to the meeting at which action is requested.

[Amended 7-16-2001]

§ 4-24 Publication and effect of ordinances.

All general ordinances of the city and all regulations imposing any penalty shall be published 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.

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.

[State law reference: W.S.A. s. 62.11(4)]

§ 4-25 Conduct of deliberations.

A roll call shall not be necessary on any questions or motions except as follows:

When the ayes and noes are requested by any member.

When required by the state statutes of Wisconsin.

All aye and nay votes shall be recorded in the official minutes.

Except as provided below, the Common Council shall in all other respects determine the rules of its procedure, which shall be governed by Robert's Rules of Order (Revised 1951), which is hereby incorporated by reference, unless otherwise provided by ordinance or statute, except when otherwise limited or modified by this Code.

No Alderperson shall address the Council until he or she has been recognized by the presiding officer. The Alderperson shall thereupon address himself or herself to the presiding officer and confine his or her remarks to the question under discussion.

When two or more members simultaneously seek recognition, the presiding officer shall name the member who is to speak first.