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CCR2003113. . . COMMON COUNCIL - CITY OF MUSKEGO RESOLUTION #113-2003 RESOLUTION TO AMEND BY.LAWS AND RULES OF PROCEDURE COMMUNITY DEVELOPMENT AUTHORITY OF THE CITY OF MUSKEGO, WISCONSIN WHEREAS, The Common Council of the City of Muskego adopted By-Laws and Rules of Procedure for the Community Development Authority of the City of Muskego, Wisconsin on March 26, 2002; and WHEREAS, The Common Council of the City of Muskego amended the By-Laws and Rules of Procedure for the Community Development Authority of the City of Muskego, Wisconsin on June 11, 2002; and WHEREAS, Upon the request of the Planning Director, it is proposed to amend the By- Laws and Rules of Procedure as attached. NOW, THEREFORE, BE IT RESOLVED That the Common Council of the City of Muskego does hereby amend the By-Laws and Rules of Procedure for the Community Development Authority (CDA) of Muskego, Wisconsin as attached. DATED THIS 13th May ,2003. DAY OF SPONSORED BY: Mayor Mark A. Slocomb This is to certify that this is a true and accurate copy of Resolution #113-2003 which was adopted by the Common Council of the City of Muskego. ~K. h1~ Cle Treasurer 5/03jrnb COMMUNITY DEVELOPMENT AUTHORITY CITY OF MUSKEGO, WISCONSIN BY-LAWS AND RULES OF PROCEDURE As adopted by the Common Council on March 26, 2002 And amended June 11, 2002 And amended May 13, 2003 . 1. GENERAL RULES BY STATUTE. ORDINANCE OR RESOLUTION The Community Development Authority (the "Authority") of the City of Muskego shall be governed and controlled by Statutes of the State of Wisconsin, and as the same may hereafter be amended; by all ordinances of the City of Muskego as they relate to the Authority, and as such ordinances may hereafter be amended and adopted; and by the rules of procedure contained herein. All provisions of Wisconsin Statutes, ordinances or resolutions of the City of Muskego as may be enacted from time to time, shall take precedence over the rules of procedure. 2. GENERAL POWERS AND DUTIES The Authority shall exercise all powers conferred and perform all duties imposed, by state and local ordinance of the City of Muskego, and shall perform such further and other duties as may properly be required from time to time by the Common Council. . Specific action taken related to the following powers shall be subject to review and approval by the Common Council: a) Acquisition of land by eminent domain b) Establishment of an annual operating budget c) Issuance of debt d) Hiring of staff e) Expenditure of any funds in excess of $5,000 f) Amendments, deletions, or additions to these By-Laws g) Performance of duties otherwise performed by the Plan Commission pursuant to 66.1105 Wisconsin Statutes. h) Loan approvals made in the administration of the Economic Development Revolving Loan Fund. 3. ELECTED OFFICERS AND THEIR DUTIES Presidinq Officers. The presiding officer of the Authority shall be designated as Chairperson and shall be elected annually at the first meeting of the Authority held on or after May 1 of each year. To act in the absence of the Chairperson, the Authority shall elect a Vice-Chairman to preside. In the event of absence by the Chair and Vice-Chair, the longest tenured Alderman serving on the CDA shall preside over meetings. (amended 6-11-02 Resolution # 129-2002) . The presiding officer shall chair all meetings and shall have the right to vote and make motions; shall rule on matters of procedure, subject to appeals of such rulings by proper motion; shall City of Muskego Community Development Authority By-Laws Adopted March 26, 2002/Amended June 11, 2002 with DRAFT Amendments May 6, 2003 conduct the meetings in accordance with Wisconsin Statute and the rules contained herein; shall have such powers and duties as may be necessary for conduct of orderly meetings; and . such other powers and duties as herein assigned, or as may be assigned by the Common Council. Secretary. The Authority shall annually elect a Secretary from among its members. Election of the Secretary shall occur at the first meeting of the Authority held on or after May 1 of each year. The Secretary may utilize the Planning Director and/or Planning Department staff to perform the task of taking minutes and performing duties requested by the Authority. Such duties may include but are not limited to: correspondence and clerical work of the Authority; keeping accurate notes and minutes of all matters coming before the Authority; receiving and filing all communications, applications, and requests coming to the Authority; publish and/or mail all notices, agendas, minutes and advertisements required by law or as directed by the Authority. 4. APPOINTED OFFICERS AND THEIR DUTIES Executive Director. The City of Muskeqo Director of Planninq shall perform the duties of Executive Director. and shall perform duties as may be required to carry out the Authority's tasks. . Treasurer. The City of Muskego Finance Director shall perform the duties of Treasurer. The Treasurer of the Authority shall handle and keep a record of the financial dealings of the Authority, and may utilize the City's Finance Department staff as required to carry out the Authority's tasks. 5. AGENDAS The Director of Planning or his designee shall prepare the meeting agenda, with direction from the presiding officer. 6. MEETINGS Reqular Meetinqs. Regular meetings shall generally be held by the Authority at the Muskego City Hall at a time agreed to by consensus of the members of the Authority. Regular or Special meetings of the Authority may be conducted outside of City Hall as may be required from time to time to accommodate special needs, including but not limited to: (1) need for large capacity venues or (2) needs to review and inspect facilities in other communities for information gathering purposes. Special Meetinqs. Special meetings may be called by the presiding officer whenever in his judgement such a meeting is necessary, or whenever requested by at least three members of the Authority. Such request may be made orally. Notice of such special meetings shall be given by announcement thereof at any regular meeting, or by written or telephone notice as hereinafter provided, not less than 24 hours before the time fixed for such meeting. Any business which could be conducted at a regular meeting may be conducted at a special meeting. . Quorum. A quorum for all meetings shall consist of four members, and the presiding officer shall be included in the count. City of Muskego Community Development Authority By-Laws Adopted March 26, 2002/Amended June 11, 2002 with DRAFT Amendments May 6, 2003 . Order of Business. The order of business at all meetings, regular or special, unless varied by a suspension of rules agreed to by a majority of the Authority, shall be as follows: Call to Order Pledge of Allegiance RollCall Statement of Public Notice Public Hearings Approval of Minutes Old Business New Business Public Input Miscellaneous Business As Authorized By Law Adjournment 7. VOTING Provided a quorum is present and except as otherwise provided by law or these rules, the affirmative vote of a majority of the members present shall be required to decide any matter up for consideration. . In the event that any member shall disqualify himself from voting on any matter, such member shall nonetheless be counted in determining whether a quorum is present, but such disqualification shall not decrease the number of votes required for passage of any motion, resolution, or the taking of any other action. 8. PUBLIC HEARINGS The order of business for holding public hearings shall be: a) Reading of Public Notice by the Secretary b) A brief statement or presentation from the Executive Director as to the nature of request and the notice that was given. c) Presentation by the applicant or petitioner, if any d) Statements of those present and wishing to speak for or against the application or petition. e) Questions by the Authority members f) Discussion by the Authority members g) Closing of hearing or if necessary adjourning the hearing to a fixed future date. Conduct of Public HearinQs. The presiding officer shall announce immediately prior to each public hearing that no one will be heard unless they state their name and address for the record. The presiding officer shall briefly explain the order of business, and may announce that each person's statements shall be limited to a specific amount of time. The presiding officer shall have the authority to terminate any statement when the speaker's time has elapsed. . Appearance. All persons desiring to be heard shall be heard. City of Muskego Community Development Authority By-Laws Adopted March 26, 2002/Amended June 11, 2002 with DRAFT Amendments May 6, 2003 Withdrawal of Application. At any time prior to a motion to grant or refuse a request, . application, or petition, the applicant may withdraw the request, application, or petition. Such withdrawal shall not entitle the applicant to a refund of any filing or publication fee which may have been paid. 8. DECISION All final decisions by the Authority shall be in writing and shall be in the form of an order or decision duly adopted by resolution. All such decisions shall be signed by the presiding officer, attested by the secretary, and thereupon be filed with the records of the case. 9. RECOMMENDATIONS TO THE COMMON COUNCIL The Common Council should review the recommendations of the Authority. Recommendations to the Common Council may be by resolution or in such other form as the Authority deems appropriate. 10. AMENDMENT TO RULES The general rules of procedure of the Authority shall be governed by Robert's Rules of Order where no specific statute, law, or ordinance controls. . .