ORD20151395-Final
AMENDED
COMMON COUNCIL - CITY OF MUSKEGO
ORDINANCE #1395
AN ORDINANCE TO AMEND CHAPTER 1,
SECTION 1.05,
OF THE MUNICIPAL CODE OF THE CITY OF MUSKEGO
(Boards and Commissions)
THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WISCONSIN DO ORDAIN AS
FOLLOWS:
SECTION 1: Chapter 1, Section 1.05 (2), of the Municipal Code of the City of Muskego is
hereby amended to read as follows:
1.05 BOARDS AND COMMISSIONS
(2) PLAN COMMISSION.
The Plan Commission shall consist of the Mayor who shall be its presiding officer, a member of
the Parks and Conservation Committee, an Alderman elected annually by 2/3 vote of the
Council, and four (4) citizen members, one of whom shall be appointed annually by the Mayor
and confirmed by the Common Council for a term of three (3) years. If the Mayor recuses
himself from acting as presiding officer concerning any matter or matters, the Alderman member
of the Plan Commission shall act as the presiding officer and if said Alderman does not act, the
commission shall select a presiding officer. In the case of the Mayor’s absence or inability
pursuant to Chapter 2:2.07, the “Acting Mayor” shall act as presiding officer, except when the
Mayor has recused himself as stated in the paragraph. The Plan Commission shall have the
powers and duties prescribed in Sec. 62.23, Wis. Stats. (Ord. #1232 - 08-31-2006)
SECTION 2: Chapter 1, Section 1.05 (6), of the Municipal Code of the City of Muskego is
hereby amended to read as follows:
(6) PARKS AND CONSERVATION COMMITTEE.
(a) Composition. The Parks and Conservation Committee shall consist of 7 citizens for
the first two years, whom shall be appointed annually by the Mayor and confirmed by
the Council for a term of 3 years, provided that the initial appointments shall be for
terms of 1, 2, and 3 years, respectively. After the two-year period, the Committee
shall consist of 5 citizens. Two additional members shall consist of an Alderman and
a representative of the school district within the City who shall be appointed by the
Mayor subject to confirmation of the Council. The school district representative shall
be appointed for a term of 2 years and the Alderman member for a term of one year.
All terms shall commence on May 1. The Alderman and school district
representative shall serve so long as they hold their respective positions.
(b) Officers. The Committee shall annually select a president, vice president, and
secretary from among its members and may choose such other officers as the
Committee deems necessary. Such officers shall have duties as shall be assigned
by the Committee.
Ord. #1395 2
(c) Quorum. Attendance of 5 members of the Committee shall be necessary for a
quorum for the first two years when the Committee consists of a total of 9 members.
Following the two-year period, attendance of 4 members shall be necessary for a
quorum.
(d) Rules of Procedure. The Committee shall adopt such rules of procedure as it deems
necessary for the conduct of its proceedings.
(e) Powers and Duties. The Committee does not constitute a board of park
commissioners organized pursuant to the provisions of Chapter 27 of the Wisconsin
Statutes, and shall have the following recommending powers and duties to the
Common Council.
1. To improve and care for all municipally owned public parks, open space,
conservation areas, parkways, and public recreational property located
within or partly within and partly without the City, and secure the quiet,
orderly and suitable use and enjoyment thereof by the people; also to
adopt rules and regulations to promote those purposes.
2. To acquire in the name of the City for park, parkway, open space,
conservation land, boulevard, pleasure drive, or public recreational
purposes by gift, devise, bequest or condemnation, either absolutely or in
trust, money, real or personal property, or any incorporeal right or
privilege. Gifts to the City of money or other property, real or personal,
either absolutely or in trust, for park, parkway, boulevard, pleasure drives
or public recreational purposes shall be accepted only after they shall have
been recommended to and approved by Common Council. Subject to the
approval of the Common Council, the Committee may execute every trust
imposed upon the use of property rights by deed, testament or other
conveyance, transferring the title of such property to the City for park,
parkway, boulevard, pleasure drive or public recreational purposes.
3. Subject to the approval of the Common Council, to buy or lease lands in
the name of the City for park, parkway, boulevard or pleasure drive
purposes or public recreational purposes within or without the City and,
with the approval of the Common Council, to sell or exchange property no
longer required for its purposes.
4. To change or improve all parks, parkways, boulevards or pleasure drives
within the City limits, at the expense of the real estate to be benefited
thereby, as provided in sec. 27.10(4), Wis. Stats.
5. Aid in compilation, administration, and implementation of the adopted
Parks and Conservation Plan.
6. Provide insight, administration, and implementation to the City’s Lakes,
Forestry, and Conservation Programs.
7. Boulevards and pleasure drives shall be excluded from the care and
management of the Committee and shall be under the charge of the Board
of Public Works.
Ord. #1395 3
(f) Staff. Staff to the Committee shall consist of the Community Development Director,
Public Works Director, Recreation Manager and such other employees as shall be
deemed necessary.
SECTION 3: Chapter 1, Section 1.05 (10), of the Municipal Code of the City of Muskego, titled
“Conservation Commission,” is hereby repealed.
SECTION 4: 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 Ordinance whose terms are in conflict with the provisions of this Ordinance is hereby
repealed as to those terms that conflict.
SECTION 5: This Ordinance shall be in full force and effect from and after its passage and
publication.
PASSED AND APPROVED THIS 14th DAY OF APRIL , 2015.
CITY OF MUSKEGO
_______________________________
Kathy Chiaverotti, Mayor
ATTEST: First Reading: April 14, 2015
_________________________
Clerk-Treasurer
4/2015
Newly Enacted Ordinance Published: April 23, 2015