CCR2012013-Petition (2)TABLED AT COMMON COUNCIL -- 03/13/2012
COMMON COUNCIL – CITY OF MUSKEGO
RESOLUTION #013-2012
DIRECT LEGISLATION PETITION DATED JANUARY 30, 2012
REGARDING ACQUISITION OF PROPERTY ON LITTLE MUSKEGO LAKE
WHEREAS, on January 30, 2012, there were filed in the office of the Clerk certain
petitions requesting the adoption of a resolution relating to the City not acquiring
property on Little Muskego Lake under specified circumstances witho ut first submitting
the matter to referendum; and
WHEREAS, the Clerk certified on February 9, 2012, that she had made a careful
examination of the petitions to determine their sufficiency and had determined that the
number of qualifying petitioners meets the requirements of Section 9.20, Wisconsin
Statutes, in that they equal or exceed 15 percent of the votes cast for governor at the
last general election in the City. The Clerk had determined that more than the required
1,802 valid signatures have been verified; and
WHEREAS, the Clerk further certified on February 9, 2012, that she had reviewed the
form of the proposed resolution and determined that Section 9.20, Wisconsin Statutes,
does not authorize such a form. Under the statute, the proposed legislat ion must be in
the form of either a resolution or an ordinance; and
WHEREAS, the Clerk further certified in her February 9, 2012, certification the
particulars of the insufficiency of the documents submitted to her and notified the person
designated; and
WHEREAS, on February 17, 2012, the Clerk received corrected documentation and a
resolution from the Petitioners responding to the Clerk’s certificate of insufficiency; and
WHEREAS, on February 17, 2012, the Clerk certified by the attached certificate th at the
documents submitted are sufficient and are in substantial compliance with Section 8.40,
Wisconsin Statutes, as to proper form; and
WHEREAS, the City Attorney has submitted a legal opinion dated February 17, 2012.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY
OF MUSKEGO AS FOLLOWS:
1. The City of Muskego hereby chooses not to adopt the document referred to as
resolution, provided by the Petitioner on February 17, 2012, nor refer it to a vote
of the electors for the following reasons:
a. The resolution proposed is administrative in nature and not a proper
subject for direct legislation; and
b. The resolution as proposed is in direct conflict with prior resolutions and
ordinances, namely Resolution 142-2011, Resolution 003-2012, and
Sections 3.16 and 3.17 of the Municipal Code, and constitutes an implied
repealer of that legislation, and therefore is not a proper subject of direct
legislation.
Dated this _____ day of ___________________, 2012.
CITY OF MUSKEGO
_________________________
Kathy Chiaverotti
Deferred: 2/22/2012
TABLED: 03/13/2012
This is to certify that this is a true and accurate copy of Resolution #013-2012 which
was adopted by the Common Council of the City of Muskego.
__________________________
Sharon Mueller, Clerk