ORD20021105COMMON COUNCIL.CITY OF MUSKEGO
ORDINANCE #1105
~AN ORDINANCE TO AMEND CHAPTER 3,OF THE MUNICIPAL CODE OF THE CITY OF MUSKEGO
(COMMON COUNCIL PLANNING AND APPROVAL OF PUBLIC WORKS
PROJECTS)
WHEREAS,the City of Muskego Common Council is vested with the lawful authority
and obligation to manage and control City property,finances,highways,navigable
waters,and the public service,and to act for the government and good order of the City,
for its commercial benefit,and for the health,safety,and welfare of the public,pursuant
to Wisconsin Statutes Section 62.11(5);and
WHEREAS,among these powers granted to the City of Muskego Common Council is
the authority and obligation to determine whether public works projects should be
authorized for the government and good order of the City,for its commercial benefit,
and for the health,safety,and welfare of the public;and
WHEREAS,consideration of a public works project,regardless of the cost,but to a
greater degree as to high cost projects,is a matter that involves significant study and
preparation,including but not limited to:Studies may be performed as to planning,
engineering,architectural rendering,and feasibility;the matter will be carefully
considered by City Staff;it may be submitted for consideration at numerous meetings of
the City of Muskego Common Council;frequently it will be reviewed by committees and
commissions within the City;financing issues may be considered and obtained,
Þ including possible budgeting issues,bonding,grants and/or cost sharing with other
municipal entities;and often it may be reviewed by other governing bodies which may
have jurisdiction such as Waukesha County,the Southeastern Wisconsin Regional
Planning Commission,and various State agencies (this process referred to herein as
the "Planning Process");and
WHEREAS,the City of Muskego Common Council finds that only after the Planning
Process is completed is the City in a position to know such essential information as the
specific location and cost of a proposed public works project;and
WHEREAS,the City of Muskego Common Council finds that only after this Planning
Process is done is the City of Muskego Common Council in a position to make a sound
decision as to whether to proceed with a public works project;and
WHEREAS,to ensure that sound and reasoned decisions are made regarding public
works projects,the City of Muskego Common Council finds that the Planning Process
must be carefully followed before a decision is made to accept or reject the project;and
WHEREAS,the City of Muskego Common Council finds that once the Planning Process
is completed,the Common Council will be well informed,fully advised,and in the best
position to determine whether or not a public works project is in the best interests of the
Þ
City of Muskego;and
Ordinance #1105
WHEREAS,the City of Muskego Common Council,therefore,finds that it is necessary
and appropriate for the government and good order of the City,for its commercial.benefit,and for the health,safety,and welfare of the public,that the City of Muskego
Common Council must engage in a Planning Process to consider public works projects
in the City of Muskego,and upon being fully informed,the Common Council must then
have the sole and exclusive power to determine whether to proceed with the project.
NOW,THEREFORE,the City of Muskego Common Council does hereby ordain as
follows:
SECTION 1:The City of Muskego Municipal Code,Chapter 3 entitled Finance and
Taxations,Section 3.16 entitled "Common Council's Power to Authorize Public Works
Projects;Investigations"is hereby created as follows:
3.16 Common Council's Power to Authorize Public Works Proiects:
Investiaations.The Common Council shall have the sole and
exclusive power to determine whether to authorize expenditures on
behalf of the City pertaining to public works,specifically including
the sole and exclusive power to determine whether to approve
public works projects,and to enter contracts for public works
projects,except as described in Section 3.17,below.Prior to
exercising this authority,the Common Council shall ensure that it is
well informed and fully advised in order to best serve the
III government and good order of the City,for the City's commercial,benefit,and for the health,safety,and welfare of the public.To
ensure that the Common Council is well informed and fully advised,
the Common Council shall conduct all investigations as may be
necessary,which may include:Authorizing the preparation of
studies related to planning,engineering,architectural rendering and
feasibility;Referring the matter to City Staff for report and
recommendation;Submitting the matter to review by City
committees and commissions;Investigating financing,such as
possible bonding and/or grants and/or cost sharing with other
municipal entities;Submitting the matter for review by other
governmental entities having jurisdiction;and seeking such
additional information and advice as the Common Council deems to
be necessary and appropriate.
SECTION 2:The several sections of this ordinance are declared to be severable.If
any section or portion thereof shall be declared by a decision of a court of competent
jurisdiction to be invalid,unlawful,or unenforceable,such decision shall apply only to
the specific section or portion thereof directly specified in the decision,and not affect the
validity of all other provisions,sections,or portion thereof of the ordinance which shall
remain in full force and effect.Any other ordinances whose terms are in conflict with the
Þ
provisions of this ordinance are hereby repealed as to those terms that conflict.
Ordinance #1105
SECTION 3:This ordinance shall be in full force and effect from and after its passage
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and publication.
PASSED AND APPROVED THIS 25th DAY OF June,2002.
CITY OF MUSKEGO
jyt;/~)Ýf.:r kfJ-Y1t//~
/Mark A.Slocomb,Mayor
ATTEST:First reading:6/11/02
~--~K Þr7 ~~Published this ~day of July,2002
rk-Treasurer
~
.
STATE OF WISCONSIN)Suzanne Sobczyk b;ing duly sworn,doth depose and
.)ss.say that she is an at"'ized representative of The
i,.$raukee County)MUSKEGO SUN,.Nspaper-published at MUSK
'>
Official Notice Wisconsin and that an advertisement of which the annexed
COMMONCOUNéIL.CITYOFMUSKEGO is a true copy,taken from the said paper,was published
ORDINANCE#n05 therein on
................................................
AN ORDINANCE TO AMEND CHAPTER "í3OFTHEMUNICIPALCODEOFTIlE~I .'
C;~~~~~~~<i,~~~~Fc:?~ii~'lA.~.;:t...3.........................
WORKS PROJECTS)
WHEREAS,the City of Mu,kego Common Coun-
dl is ve,ted with the lawful autho,ity and ohliga-................................................
lion to manage and oontcol City pcopetty,fmance'.
highways,navigable watero,and the Public "ITice,
and to act fo'the government and good o,d"of the
City,fo,i"eomm"dalbenefit,ànd fò,thehealth,
................................................
e,ety,and welfa"of the publi"purouant to Wi,-
oonain Statutes Section 62.1H5);and
WHEREAS.amongtheoe pow",gmnted to the
"""'"
City of Mu,kego Common Council ia the authodty ~~~and obligatiou to det"mine whethe,publi,wo,k,.
p,oje",'h
,
ould be authoci"dfo,the gov,mment (Signed)~V....
and good o,d"of the C"y,foc ,ta oomm",..1 bene-
fit,and fa,the health,e,ety,and welf",of the
,BO PER
publi,;and
t j,,~~~:~;,:::~~e;::t~~{:o":~~;a~;:t;;e::;~Subscribed and sworn to me before tills.^",^",dada
aa to high ,oat p,oje"a,i,a matte,that involv"Of ~20 0
aignifieant ,tudy and p"pa<ation,indudingbutnot """""""""""",
...,,J...J.
limited to;Studie,may be p"focmed .a to plan-
~!~';7it~~rh:e~~~~~;:~~;t~t~~~;;:~~e:~~~;d~~~fe~;......!::>..~.t:>..~................
City StalT;it maybe aubmitted foc ,onaid".tionat ....
numecow;meetinga of the City of Mu,kego Coin'NoIary PublIc,MIlwaukee County Isconsm
mon Council;f"quentty it will be
"mittee'and ,ommiesiona within the M C ...Lf~/1-()J
i"u"a may be oonaid"ed and
y ommlssIOn expires ...........
,o,t ahaeing with oth"municipal entitiea;,a,m
often it may be "viewed by oth"goveming bòdi",
whi,h may have ju,isdiotion 'ueh a,Wauk"ha
Co=ty,the Southeaatem Wi"on,in Regional Plan-
ning Commi"ion,and vadou,State agenei"Ithia
p'oce""femd to heeein aa the "Planning
P,oces,"j;and
WHEREAS,the City ofMuakego Common Coun-
dl finda that only aft"U"Planning Pmce"i,oom-
pleted i,the City in a poaition to know au,h eesen-
tial infonnation aa the ,pacific loootion and coat of
a pmpoaed public wo,ka pmject;and
WHEREAS,the City of Mu,kego Common Coun-
oil fmd,that only aft"thi,Planning Pmce"i,
done i,the City of Mu,kego Common Council in a
p",ition to make a ,ound de"aion aa to wheth"to
p,oceed with a public wo,k,pmje";and
WHEREAS,to ename that 'ound and ,,",oned
dedaiona a"made "gnoding publi,wo,k,pcoje""
the City of Mu,kego Common Council find,that the
Planning P,oce"mo"be ,a"fully followed befo"
a de",ion ia made to ""ept m coje"the pmje";
and
WHEREAS,the City of Mu,kego Common Coun-
oil fmd,that ono<the Planning P,oo",i,eomplet.
ed,the Common Counoil will be well info,med,fully
adviaed,and in the.b"t wition to det"mine
wheth"0'not a public wo,k,p,oj"t i,in the b"t
inte",t,of the City ofMu,kego;and
WHEREAS.the City of Muakego Commoa Coun-
"I,the"fo",find,that it i,nee"my and app'o-
p,iate foc the govemment and good o,d"of the
City,fa,it,eomme"ial benefit,and fm the health.
,.fety,a,m welfa"of the public,that the City of
Mu,kego Common Council mu,t engage in a Plan-
ning P,oce"to oon,id"publi,wo,k,pmje'"in
the City ofMw;kego,and upon being fully info,med.
the Common Cnundl muat then have the wle and
",du,i"pow"to det"mine wheth"to pmceed
with the pmjeet,
NOW,THEREFORE,the City of Mu,kego Com-
mon Coun,il doe,hmby "dain .,follow",
SECTION L The City of M,"kego Munkipal
Code,Chapte'3 eotitled Finance and T=ation"
Section 3.16 entitled "Common Council',Pow"to
Auth"i"Publi,W"k,Pmjee",Inveòtigation,"i,
he..bv ,mted .,follow",
s.l6 Co~ùn Coun,i!',Poweno Auth"i,e Pub-
li,W"k,Pmjeet"Inve,tigation,.The Common
Couneil "'all have the "Ie and exdu,ive pow"to
d""mine wheth"to authod"expenditu,e,on
behalf of the City pertaining to publi,""k"
,peeif-
ieally induding the "Ie and exdu,ive pow"to
d""mine wheth"to app,ove publi,wo'"'poo-
ject"and to ent"conteect,foe public w"k,poo-
jec",except..de",ibed in Section 3.17,below.
P,io,to exe"i,ing thi,auth"ity,the Common
Couneil ,hall en,u"that it i,well ;nf"med and
fully advised in "d"to b",t ",ve the govemment
and good om"of the City,foe the City',,omme"ial
benefit,and foe the health,otyoty,and welf...of
by City "mmitt
frnan,ing,,u,h
and/"",t ,hadng with othe,municipal entiti..,
Submitting the matt"foe iview by ath"govem-
menta!entiti..having jud,di,tion,and kgking
Mh additional inf"mation and advice ..the Com-
mon Coonei!deem,to be neee..ary and app,"p,i-
ate.
SECTION 2,The evem!se,tioM of thi,"di-
nonce...deda"d to be ,"",able.If any seotion"
po,tion thmof ,hall be dedaced by a deoi,ion of a
court of 'ompetent jud,diction to be invalid,uniaw-
ful",unenfo"..ble,,uoh deei,ion ,hall apply only
to the ,peeifio ,eotion"p"tion th"eof di"otly
'pecified in the deci,ion,and not affect the validity
of all oth"p,"vi,io""",tion"
"
po,tion th"eof of
the "dinanoe whioh ,hall "main in full f"ce ond
effeot.Anv oth""dinance,whose teem,a..in
ooomct with the p,ovi,ion,of thi,ominanee a"
hmby"pealed ..to those teem,that conmot.."dinance ,hall be in full f"ce
aft.,i"pa..age and publica-
CITY OF MUSKEGO
MaÙA.Slocomb,May"
ATTEST,
Cleek-The",u,",