Loading...
CCR2002146AMENDED COMMON COUNCIL - CITY OF MUSKEG0 RESOLUTION #146-2002 DIRECT LEGISLATION PETITION REGARDING CONTRACTS FOR CONSTRUCTION OF PUBLIC WORKS IN EXCESS OF $3,000,000.00 WHEREAS, on June 11, 2002 and June 12, 2002, there were filed in the office of Clerk- Treasurer certain petitions requesting the adoption of an ordinance relating to the City not entering any contract for the construction of any public works, the estimated cost of which exceeds $3,000.000.00, without first holding a binding referendum; and WHEREAS, the Clerk-Treasurer certified on June 25,2002 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 $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-Treasurer had determined that more than the required 11 75 valid signatures have been verified; and WHEREAS, the Clerk-Treasurer further certified on June 25,2002 that she had reviewed the form of the proposed ordinance and determined that s9.20, Wisconsin Statutes, does not authorize such a form. Under the statute, the proposed legislation must be in the form of either a resolution or an ordinance; and WHEREAS, the Clerk-Treasurer further certified in her June 25, 2002 certification the particulars of the insufficiency of the documents submitted to her and notified the person designated; and WHEREAS, on July 2, 2002, the attached Ordinance to create Chapter - of the Municipal Code of the City of Muskego (limit on construction of public works projects whose estimated costs exceed $3,000,000.00) was submitted to the Clerk-Treasurer without any new petitions; and WHEREAS, the Clerk-Treasurer has a copy of the original petitions; and WHEREAS, on July 5, 2002, the Clerk-Treasurer certified by the attached certificate that the documents submitted are sufficient and in substantial compliance with s8.40, Wisconsin Statutes, as to proper form; and I WHEREAS, the City Attorney has submitted a legal opinion dated the 18th day of July, 2002. Resolution #146-2002 Page 2 NOW, THEREFORE, BE IT RESOLVED THAT THE COMMON COUNCIL OF THE CITY OF MUSKEG0 HEREBY DOES AS FOLLOWS: 1. Does not adopt the document referred to as an ordinance to require a binding referendum prior to the City entering any contract for the construction of any public works, the estimated cost of which exceeds $3,000,000.00, without alteration nor refer it to a vote of the electors for the following reasons: A. B. C. D. The ordinance, as proposed, is in direct conflict with prior ordinances and constitutes an implied repealer of that legislation in the City of Muskego ordinances including, but not limited to, Ordinances #I 105 and #I 106. The ordinance proposed is not the proper subject matter for direct legislation. No new petitions were submitted with the ordinance when the form of the ordinance was corrected. Although the City has the original petitions, it is unclear as to whether or not those original petitions were submitted in support of the new proposed ordinance. There are many traditional arguments that can be made that the petitions now before the Council are not the proper subject matter for direct legislation, but in light of Mt Horeb Community Alert v. Village Board of Mt. Horeb, Decided on February 28, 2002, at least until the Supreme Court acts, these arguments appear to have been either discarded or ignored. In brief, some of those arguments are: The ordinance is administrative in nature in that such project involves a long and complex administrative process. The direct legislation ordinance attempts to exercise power not conferred on the governing body in that it attempts to bind future governing bodies to binding referendums. The laws of the state provide many procedures and requirements for the municipal governing body to deal with such issues and the direct legislation proposed is not within the parameters of said procedure. Depending on the type of public works project, the Common Council may not be able to act within the time limits imposed on the Council if the direct legislation proposed is adopted. Resolution #146-2002 Page 3 0 DATED this &day of JULY ,2002. CITY OF MUSKEG0 This is to certify that this is a true and accurate copy of Resolution #146-2002 which was adopted by the Common Council of the City of Muskego. 0 7'02 CITY CLERK-TREASURER'S OFFICE CITY OF MUSKEG0 CERTIFICATE RELATING TO PETITIONS FOR DIRECT LEGISLATION AS TO AMENDED ORDINANCE On June 25, 2002, I, Jean K. Marenda. City Clerk-Treasurer of the City of Muskego. certified that on June 11,2002 and June 12,2002, there were filed in my office petitions requesting under Section 9.20, Wisconsin Statutes, the enactment of an ordinance proposed to state: "Prior to entering any contract for the construction of any public works, the estimated cost of which exceeds $3 million, the Common Council shall submit to the electorate a binding referendum for approval of the public works project. Failure by the binding referendum shall preclude the City from proceeding with the public works project. The wording of any referendum shall provide the specific purpose, location, and cost of the public works project. Nothing in this provision shall be construed to preclude the City from exercising its role in the planning or design of any such public works project." On June 25,2002, I further certified that I made a careful examination of the petitions to determine their sufficiency and determined that the number of qualifying petitioners meets the requirements of Section 9.20(1), Wisconsin Statutes in that they equal or exceed 15 percent of the votes cast for governor at the last general election in the City. I determined that more than the required 1175 valid signatures have been verified. In my certificate of June 25, 2002, I further stated the particulars of the insufficiency of the documents submitted to me and notified the person designated of the insufficiencies. On July 1, 2002, a document entitled, "An Ordinance Creating Chapter 3.17 of the Municipal Code of the City of Muskego (Limit on Construction of Public Works Projects Whose Estimated Costs Exceed $3 Million) was presented to me in person by Atty. Kathryn Sawyer Gutenkunst. I talked to Atty. Gutenkunst on July 2, 2002 and advised her I did not think it was appropriate to refer to Chapter 3.17 in her ordinance. On July 2, 2002, Atty. Gutenkunst faxed an amended document entitled, "An Ordinance Creating Chapter - of the Municipal Code of the City of Muskego (Limit on Construction of Public Works Projects Whose Estimated Costs Exceed $3 Million), copy attached. No new petition was submitted. My office has the original petitions on file. I hereby certify that the documents are sufficient and in substantial compliance with Section 8.40, Wisconsin Statutes, as to proper form, and I am submitting the same to the Common Council. Certification is not provided as to the legality or appropriateness of the petition and other documents submitted. Dated in Muskego. Wisconsin this 5th day of July, 2002. CITY OF MUSKEG0 CMC ity Clerk-Treasurer C-1:Petitions-CerlFinalCornmCenlerdoc DALE W. ARENZ JOHN P. MACY. DONALD S. MOLTER, JR. ~~ H. SThNLEV RIFFLE, COURT COMMISSIONER COURT COMMI55IONER RICK D. TRINOL ~ ERIC 1. LARSON JUUE A. AQUAVIA DVAN E. BARBEAU GRETCHEN U. STEVEN5 ARENZ, MOLTER, MACY &. RIFFLE, S.C. LAW OFFICES OF 720 N. EAST AVENUE P.O. BOX 1348 WAUKESHA, WISCONSIN 53187-1348 TELEPHONE 548-1340 FACSIMILE 548-9211 AREA CODE 262 July 18, 2002 Via Fax & E-Mail Fax #679-5630 Total Pages: 8 Mayor Mark A. Slocomb CITY OF MUSKEG0 Post Office Box 903 Muskego, Wisconsin 531 50 Re: Direct LegislationlLimit on any Contract for Construction of Public Works Exceeding $3,000,000.00 Dear Mayor Slocomb: You have requested an opinion on the question of what actions the Common Council may take regarding the above-mentioned Direct Legislation petition which has been submitted to the City and certified to the Common Council by the City Clerk on the 5th day of July, 2002. Section 9.20(1) of the Wisconsin Statutes provides that: "A number of electors equal to at least fifteen percent of the votes cast for Governor at the last general election in their City or Village may sign and file a petition with the City or Village Clerk requesting that an attached proposed ordinance or resolution, without alteration, either be adopted by the Common Council or Village Board or be referred to a vote of the electors." Section 9.20(4) provides that: The Common Council or Village Board shall, without alteration, either pass the ordinance or resolution within 30 days following the date of the Clerk's final certificate, or submit it to the electors at the next Spring or general election, if the election is more than six weeks after COMMON COUNCIL - CITY OF MUSKEGO ORDINANCE # AN ORDINANCE CREATING CHAPTER OF THE MUNICIPAL CODE OF THE CITY OF EKEGO (Limit on Construction of Public Works Projects Whose Estimated Costs Excccd $3 Million) THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WISCONSlN ORDAINS AS FOLLOWS: SECTION 1 ; Chapter __ Scction of the Municipal Code of the City of Muskego is hereby created to read as follows: - LIMIT ON CONSTRUCTION OF PUBLIC WORKS PROJECTS WHOSE ESTIMATED COSTS EXCEED $3 MILLION Prior to entering any contract for the construction of any public works. the estimated cost of which exceeds $3 million, the Common Council shall submit to the electorate a binding referendum for approval of the public works project. Failure by the binding referendum shall preclude the City from proceeding with the public works praject. The wording of any referendum shall provide thc specific purpose, location, and cost of the public works project. Nothing in this provision shall be construed to preclude the City from exercising its role in the planning or dcsign of any such public works project. SECTION 2: The sevcral 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 theroof directly specified in thc decision and not affect the validity of all other provisions, sections, or portion thereof of the Ordinance which shall remaln in full force and effect. Any olher Ordinances whose terms are in conflict with thc provisions of this Ordinancc are hereby repealed as to those terms that conflict. SECTION 3: This Ordinance shall be in full force and effect from and after its passagc and publication. PASSED AND APPROVED this - day of ,2002. CITY OF MUSKEGO @ ATTEST Clerk-Treasurer By: Mark A. Slocornb, Mayor First reading: Published this __ day of ,2002. COMMON COUNCIL - CITY OF MUSKEG0 RESOLUTION #146-2002 DIRECT LEGISLATION PETITION REGARDING CONTRACTS FOR CONSTRUCTION OF PUBLIC WORKS IN EXCESS OF $3,000,000.00 WHEREAS, on June 11, 2002 and June 12, 2002, there were filed in the office of Clerk- Treasurer certain petitions requesting the adoptionpf an ordinance relating to the City not entering any contract for the construction of any public works, the estimated cost of which exceeds $3,000,000.00, without first holding a\binding referendum; and WHEREAS, the Clerk-Treasurer certified on dune 25, 2002 that she had made a careful examination of the petitions to determine thkr sqfficiency and had determined that the number of qualifying petitioners meets th,$equirements of 99.20, Wisconsin Statutes, in r 71 that they equal or exceed 15 percent he votes cast for governor at the last general election in the City. The had determined that more than the required 1175 valid signatures have been WHEREAS, the Clerk-Treasurer on June 25,2002 that she had reviewed the form of the and determined that 99.20, Wisconsin Statutes, does not the statute, the proposed legislation must be in the 2002 certification the and notified the person designated; and of the WHEREAS, the Clerk-Treasurer has a copy of the original petitions; and WHEREAS, on July 5, 2002, the Clerk-Treasurer certified by the attached certificate that the documents submitted are sufficient and in substantial compliance with 58.40, Wisconsin Statutes, as to proper form; and WHEREAS, the City Attorney has submitted a legal opinion dated the 18th day of July, 2002. Resolution #146-2002 Page 2 NOW, THEREFORE, BE IT RESOLVED THAT THE COMMON COUNCIL OF THE 0 CITY OF MUSKEG0 HEREBY DOES AS FOLLOWS: 1 Adopts the ordinance as submitted by direct legislation petition; or 2. Submits the ordinance to the electors at the election to be held on the 5Ih day of November, 2002; or 3. Does not adopt the document referred to as an ordinance to require a binding referendum prior to the City entering any contract for the construction of any public works, the estimated cost of which exceeds $3,000,000.00, without alteration nor refer it to a vote of the electors for the following reasons: A. The ordinance, as proposed, is in direct conflict with prior ordinances and constitutes an implied repealer of that legislation in the City of Muskego ordinances including, but not limited to, Ordinances #I 105 and #I 106. B. The ordinance proposed is not the proper subject matter for direct legislation. C. No new petitions were submitted with the ordinance when the form of the ordinance was corrected. Although the City has the original petitions, it is unclear as to whether or not those original petitions were submitted in support of the new proposed ordinance. 0 D. There are many traditional arguments that can be made that the petitions now before the Council are not the proper subject matter for direct legislation, but in light of Mt Horeb Community Alert v. Village Board of Mt. Horeb, Decided on February 28, 2002, at least until the Supreme Court acts, these arguments appear to have been either discarded or ignored. In brief, some of those arguments are: (0 (ii) (iii) The ordinance is administrative in nature in that such project involves a long and complex administrative process. The direct legislation ordinance attempts to exercise power not conferred on the governing body in that it attempts to bind future governing bodies to binding referendums. The laws of the state provide many procedures and requirements for the municipal governing body to deal with such issues and the direct legislation proposed is not within the parameters of said procedure. - Resolution #146-2002 Page 3 (iv) Depending on the type of public works project, the Common Council may not be able to act within the time limits imposed on the Council if the direct legislation proposed is adopted. DATED this day of ,2002 CITY OF MUSKEG0 Mark A. Slocomb, Mayor This is to certify that this is a true and accurate copy of Resolution #146-2002 which was adopted by the Common Council of the City of Muskego. Clerk-Treasurer 7/02 CITY CLERK-TREASURER'S OFFICE CITY OF MUSKEG0 CERTIFICATE RELATING TO PETITIONS FOR DIRECT LEGISLATION AS TO AMENDED ORDINANCE On June 25, 2002, I, Jean K. Marenda, City Clerk-Treasurer of the City of Muskego. certified that on June 11. 2002 and June 12, 2002, there were filed in my office petitions requesting under Section 9.20, Wisconsin Statutes, the enactment of an ordinance proposed to state: "Prior to entering any contract for the construction of any public works, the estimated cost of which exceeds $3 million, the Common Council shall submit to the electorate a binding referendum for approval of the public works project. Failure by the binding referendum shall preclude the City from proceeding with the public works project. The wording of any referendum shall provide the specific purpose, location, and cost of the public works project. Nothing in this provision shall be construed to preclude the City from exercising its role in the planning or design of any such public works project." On June 25, 2002, I further certified that I made a careful examination of the petitions to determine their sufficiency and determined that the number of qualifying petitioners meets the requirements of Section 9.20(1), Wisconsin Statutes in that they equal or exceed 15 percent of the votes cast for governor at the last general election in the City. I determined that more than the required 1175 valid signatures have been In my certificate of June 25, 2002, I further stated the particulars of the insufficiency of the documents submitted to me and notified the person designated of the insufficiencies. On July 1, 2002, a document entitled, "An Ordinance Creating Chapter 3.17 of the Municipal Code of the City of Muskego (Limit on Construction of Public Works Projects Whose Estimated Costs Exceed $3 Million) was presented to me in person by Atty. Kathryn Sawyer Gutenkunst. I talked to Atty. Gutenkunst on July 2, 2002 and advised her I did not think it was appropriate to refer to Chapter 3.17 in her ordinance. On July 2, 2002, Atty. Gutenkunst faxed an amended document entitled, "An Ordinance Creating Chapter - of the Municipal Code of the City of Muskego (Limit on Construction of Public Works Projects Whose Estimated Costs Exceed $3 Million), copy attached. No new petition was submitted. My office has the original petitions on file. I hereby certify that the documents are sufficient and in substantial compliance with Section 8.40, Wisconsin Statutes, as to proper form, and I am submitting the same to the Common Council. Certification is not provided as to the legality or appropriateness of the petition and other documents submitted. Dated in Muskego, Wisconsin this 5th day of July, 2002 C-T.Petilions-CedFinalCornrnCenlerdoc CITY OF MUSKEG0 K WL CMC ity Clerk-Treasurer 0 Mayor Mark A. Slocomb -2- July 18, 2002 the date of the Council's or Board's action on the petition, or the expiration of the 30 day period, whichever first occurs. If there are six weeks or less before the election, the ordinance or resolution shall be voted on at the next election thereafter The Council or Board by a three-fourths vote of the members-elect may order a special election for the purpose of voting on the ordinance or resolution at any time prior to the next election, but not more than one special election for direct legislation in any six month period." This statute requires that the Common Council either: (1 ) Pass the ordinance without alteration within 30 days after the Clerk's certification, or, (2) Submit it to the electors at the next election. The Wisconsin Supreme Court, however, "has carved out certain exceptions which indicate that, under some circumstances, the Council may properly refuse to accept either of the statutory choices and may instead reject both of them." Srare ex re/. Ahhouse v. Madison, 79 Wis. 2d 97, 107 (1 976), The exceptions carved out by 0 the Supreme Court are: The ordinance or resolution is administrative rather than legislative in character; The ordinance or resolution is in direct conflict with a prior resolution or ordinance and constitutes an implied repealer of that legislation; The ordinance or resolution attempts to exercise powers not conferred on a municipal governing body by statute or constitution; The proposed legislation is within the governing body's powers, but could not be exercised within the time limits binding on the body; State laws prescribe different procedures from what is proposed - Id at 108. It is my understanding that the direct legislation as certified by the City Clerk 0 proposes a general ordinance that would require prior to the City entering any contract for the construction of any public works, the estimated cost of which exceeds $3,000,000.00, to hold a binding referendum which would approve the same. The Common Council can either adopt the proposed ordinance without alteration, refer the ordinance, without alteration, to a vote of the electors as specified in Wisconsin Statute 59.02(4), or reject the ordinance altogether based on one or more of the exceptions carved out by the Wisconsin Supreme Court listed above. The Wisconsin Court of Appeals recently discussed the five exceptions as applied to a proposed direct legislation ordinance which is nearly identical to the one proposed here, although the dollar limit was one million dollars. Mt. Horeb Community Alert v. Village Board of Mt. Horeb, Decided on February 28, 2002. We believe that there are several bases on which the Common Council could reject the proposed ordinance and by which the ordinance could be challenged in Court if it were to either be adopted by the Common Council or approved by the voters at a referendum The trial court in Mt. Horeb held that the Village Board properly took no action on the direct legislation petition filed by petitioners. The Wisconsin Court of Appeals reversed that decision ruling, in effect, that the question presented by the petition 0 was the proper subject matter for direct legislation and was not subject to the exception set forth in State ex rel. Althouse v. Madison, 79 Wis. 2d 97, 107 (1 976). The decision of the Wisconsin Court of Appeals has been appealed to the Wisconsin Supreme Court and the Supreme Court has agreed to hear the case. The Wisconsin Supreme Court may or may not uphold the Court of Appeals decision, but until it is overturned, if, in fact, it is, it is the law in Wisconsin. In light of the Mr. Horeb case and the present state of the law, the Muskego Common Council, on June 25, 2002, after filing of the direct legislation petitions, adopted Ordinance #1105 and #I 106 (Published July 3, 2002) in an attempt to qualify for an exception under Althouse, even in light of Mt. Horeb, to the 9.20 direct legislation requirements. If the direct legislation ordinance is in direct conflict with a prior ordinance and constitutes an implied repealer of that ordinance, it is not a proper subject matter for direct legislation. In this case, at least partially in response to the direct legislation petition, the Common Council chose to legislate in this area. In my opinion, the Council legislating in an area in an attempt to avoid direct legislation could be held by a court to be a valid legal response. The City must follow certain statutory procedures to adopt valid ordinances and so must direct legislation petitioners. The statutory requirements for each process are different, and in my opinion, the City has a good argument that if it finishes its procedure first, its ordinances are valid and can preempt the area for direct legislation. Direct e Mayor Mark A. Slocomb -4- July 18, 2002 legislation petitions, unless adopted by the Common Council, must follow a long procedure to potentially be adopted - involving a referendum election several months in the future with a majority vote in favor of the proposed direct legislation. I do not believe that the direct legislation law in any way prohibits the Council from legislating in those areas in the interim. Wisconsin Statute E2.1 115). and many other statutes, confer on the Common Council the power to govern the City, and I know of no law which prohibits the Council from acting after a direct legislation petition is filed. Therefore, in my opinion, the Council, by enacting Ordinance #1 105 and #1 106, has given itself at least a good legal argument in this case if it determines that this direct legislation petition is not a proper subject for direct legislation. There are many other traditional arguments that can be made that the petitions now before the Council are not the proper subject matter for direct legislation, but in light of Mt Horeb, at least until the Supreme Court acts, these arguments appear to have been either discarded or ignored by the Appeals Court in Mr. Horeb. In brief, some of those arguments are: The ordinance is administrative in nature in that such project involves a long and complex administrative process. The direct legislation ordinance attempts to exercise power not conferred on the governing body in that it attempts to bind future governing bodies to binding referendums. The laws of the state provide many procedures and requirements for the municipal governing body to deal with such issues and the direct legislation proposed is not within the parameters of said procedure. Depending on the type of public works project, the Common Council may not be able to act within the time limits imposed on the Council if the direct legislation proposed is adopted, We believe, for the reason stated above, that the Council could reject the proposed ordinance and believe we have good argument to support its position if the matter is brought before a Court. We also believe that if this proposed ordinance should be adopted by the Common Council or by the electors in a referendum, the validity of the ordinance could be challenged on these same grounds. It is our understanding that the petitioners in this matter did not submit new @ original petitions and signatures with the proposed ordinance that was certified by the Clerk on July 5, 2002. While 59.20(3), Wisconsin Statutes, is not clear as to whether it is necessary for the petitioners to submit new original signatures, it is possible that this issue could be raised, along with those discussed above, as to the validity of this ordinance, if adopted. Because the wording of the proposed ordinance certified by the Clerk on July 5, 2002, is substantially the same as that submitted on the original petitions, we do not believe that this, in and of itself, would be grounds for the Council to reject the proposed ordinance. Section 5.01 (1) provides that "Except as otherwise provided, Chapters 5-1 2 shall be construed to give effect to the will of the electors, if that can be ascertained from the proceedings, notwithstanding informality or failure to fully comply with some of their provisions." It is our opinion that since the City Clerk had previously certified the signatures and petitions as being adequate and that the ordinance as resubmitted and certified by the Clerk on July 5, 2002 was different only in that it was put in general ordinance form, the petition is probably adequate as to form. In summary, it is our opinion, for the reasons stated above, that the proposed ordinance may be invalid if adopted. The Common Council can, however, choose to adopt this ordinance or to refer it to the electors. If the measure is defeated by the electors, the issue of the ordinances validity would be moot. If the ordinance is approved by the electors, the City would be subject to a legal challenge in the ordinance. The Council may also choose to reject the ordinance based upon the issues discussed above. This action could also be challenged by legal action brought by the petitioners. event that any individual, or group of individuals would choose to challenge the Attached please find the proposed Resolution. There are documents referred to in the Resolution which are not attached. They must be attached. Sincerely, ARENZ, MOLTER, MACY & RIFFLE, S.C, Donald S. Molter, Jr. Donald S. Molter, Jr DSMlpw Attachment cc: Ms. Jean Marenda, Clerk (Via E-Mail & Fax #679-4106, 8 pages) COMMON COUNCIL - CITY OF MUSKEGO ORDINANCE # AN ORDINANCE CREATING CHAPTER OF THE MUNICIPAL CODE OF THE CITY OF EKEGO (Limit on Construction of Public Works Projects Whose Estimated Costs Excccd $3 Million) THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WISCONSIN ORDAINS AS FOLLOWS: SECTION 1 : Chapter - Scction of the Municipal Code of the City of Muskego is hereby created to read as follows: - LIMIT ON CONSTRUCTION OF PUBLIC WORKS PROJECTS WHOSE ESTIMATED COSTS EXCEED $3 MILLION Prior to entering any contract for the construction of any public works, the estimated cost of which exceeds $3 million, the Common Council shall submit to the electorate a binding referendum for approval of the public works project. Failure by the binding referendum shall preclude the City from proceeding with the public works project. The wording of any referendum shall provide thc specific purpose, location, and cost of the public works project. Nothine in this provision shall be construed to preclude the City from exercising its role in the planning or design ofany such public works project. SECTION 2: The sevcral sections Of rhis 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 theroof directly specified in thc decision and not affect the validity of all other provisions, sections, or portion thereof of the Ordinance which shall rematn in full force and effect. Any other Ordinances whose terms are in conflict with thc provisions of this Ordinance are hereby repealed as to those terms that conflict. SECTION 3: This Ordinance shall be in full force and effect from and after its pessagc and publication. PASSED AND APPROVED this - day of ,2002. CITY OF MUSKEGO By: Mark A. Slocomb, Mayor e ATTEST. First reading: Published this __ day of ,2002. Clerk-Treasurer