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CCR2002064AMENDED COMMON COUNCIL - CITY OF MUSKEGO RESOLUTION #64-2002 RESOLUTION TO ADOPT BY-LAWS AND RULES OF PROCEDURE COMMUNITY DEVELOPMENT AUTHORITY OF THE CITY OF MUSKEGO, WISCONSIN BE IT RESOLVED That the Common Council of the City of Muskego does hereby adopt the attached By-Laws and Rules of Procedure for the Community Development Authority (CDA) of Muskego, Wisconsin, as amended. DATED this " 2Cth day of MARCH ,2002. SPONSORED BY: COMMITTEE OF THE WHOLE Ald. Mark Slocomb Ald. Patrick Patterson Ald. William Le Doux Ald. Chuck Wichgers Ald. Nancy Salentine Ald. Rick Petfalski Ald. David Sanders This is to certify that this is a true and accurate copy of Resolution #64-2002 which was adopted by the Common Council of the City of Muskego. 0 3/02jmb COMMUNITY DEVELOPMENT AUTHORITY CITY OF MUSKEGO, WISCONSIN BY-LAWS AND RULES OF PROCEDURE As adopted by the Common Council on March 26,2002 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 0 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 9 Amendments, deletions, or additions to these By-Laws g) Performance of duties otherwise performed by the Plan Commission pursuant to 66.1105 Wisconsin Statutes. 3. OFFICERS AND THEIR DUTIES Presidinq Officers. The presiding officer of the Authority shall be designated as Chairperson and shall be elected annually at the meeting of the Authority in April of each year. To act in the absence of the Chairperson, the Authority shall elect a Vice-chairman to preside. 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 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. Cify of Muskego Adopted March 26.2002 Community Development Authority ByLaws 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. Secretary. The Authority shall annually elect a Secretary from among its members. The Secretary may utilize the Planning Director andlor 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. AGENDAS The Director of Planning or his designee shall prepare the meeting agenda, with direction from the presiding ofticer 5. MEETINGS Regular Meetinqs. Regular meetings shall be held by the Authority at the Muskego City Hall a time agreed to by consensus of the members of the Authority. 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. 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 Public Hearings Approval of Minutes Old Business New Business Persons desiring to be heard Adjournment City of Muskego Community Development Authority &Laws Adopted Marcp 26. 2002 6. 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. 7 PUBLIC HEARINGS The order of business for holding public hearings shall be: a) A brief statement from the Planning Director as to the nature of request and the notice that b) Presentation by the applicant or petitioner c) Statements of those present and wishing to speak for or against the application or petition. d) Questions by the Authority members e) Discussion by the Authority members f) Closing of hearing or if necessary adjourning the hearing to a fixed future date. 0 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. 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. was given. 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 ofticer, 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. City of Muskego Adopted March 26.2002 Community Development Authority By-Laws 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. COMMON COUNCIL - CITY OF MUSKEG0 RESOLUTION #64-2002 RESOLUTION TO ADOPT BY-LAWS AND RULES OF PROCEDURE COMMUNITY DEVELOPMENT AUTHORITY OF THE CITY OF MUSKEGO, WISCONSIN / BE IT RESOLVED That the Common Council of the City , Muskego does hereby adopt the attached By-Laws and Rules of Procedu he Community Development Authority (CDA) of Muskego, Wisconsin. DATED THIS DAY OF SPONSORED BY: MITTEE OF THE WHOLE ark Slocomb Ald. Patrick Patterson Ald. William Le Doux Ald. Chuck Wichgers Ald. Nancy Salentine Ald. Rick Petfalski Ald. David Sanders This is to certify that this is a true and accurate copy of Resolution #64-2002 which was adopted by the Common Council of the City of Muskego. Clerk-Treasurer 3/02jmb COMMUNITY DEVELOPMENT AUTHORITY CITY OF MUSKEGO. WISCONSIN 0 BY-LAWS AND RULES OF PROCEDURE 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 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 b) Establishment of an annual operating budget 66.1 105 Wisconsin Statutes. 3. OFFICERS AND THEIR DUTIES Presidinq Officers. The presiding officer of the Authority shall be designated as Chairperson and shall be elected annually at the meeting of the Authority in April of each year. To act in the absence of the Chairperson, the Authority shall elect a Vice-chairman to preside. 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 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. City of Muskego Community Development Authority Bv-Laws March 2002 Treasurer. The City of Muskego Finance Director shall perform the duties of Treasurer The 0 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. Secretary. The Authority shall annually elect a Secretary from among its members. 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. AGENDAS The Director of Planning or his designee shall prepare the meeting agenda, with direction from the presiding officer. 5. MEETINGS Regular Meetings. Regular meetings shall be held by the Authority at the Muskego City Hall a time agreed to by consensus of the members of the Authority. 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 gwen 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. 0’ Quorum. A quorum for all meetings shall consist of four members, and the presiding officer shall be included in the count. 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 Public Hearings Approval of Minutes Old Business New Business Persons desiring to be heard Adjournment 6. 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. City of Muskego Community Development Authority By-Laws March 2002 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. 7 PUBLIC HEARINGS The order of business for holding public hearings shall be: a) A brief statement from the Planning Director as to the nature of request and the notice b) Presentation by the applicant or petitioner c) Statements of those present and wishing to speak for or against the application or d) Questions by the Authority members e) Discussion by the Authority members f) Closing of hearing or if necessary adjourning the hearing to a fixed future date. that was given. petition. Conduct of Public Hearings. 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 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.