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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