NUMB:
970963
VERS:
SUBSTITUTE 2
REF:
900964
XXBY:
ALD. KALWITZ, MURPHY and HENNINGSEN
TITLE:
A substitute charter ordinance relating to common council action on appropriation and ordinance files.
SECS:
4-21 rc
ANLS:
- Analysis -
Currently, the city charter provides that the common council cannot take from committee any resolution appropriating money or creating any charge against any city fund, or any ordinance; such matters can only come before the council on the report of the standing committee to which they were referred. This charter ordinance allows the council to take such matters from committee by a majority vote of the council, if the following conditions are met:
1.At least 30 days have passed since the matter was introduced at a common council meeting and referred to a committee.
2.A notice of intent to take the matter from committee has been filed with the city clerk at least 24 hours prior to the time of the common council meeting.
3.With respect to an ordinance, the city attorney has approved the legality and enforceability of the ordinance.
4.With respect to any matter appropriating money out of, or creating any charge against any city fund, the city comptroller has indicated in writing that there is a sufficient portion of the proper city fund unappropriated to meet the appropriation or charge.
If a matter is taken from committee, the common council may proceed to consider and take action on the matter, providing the committee had previously held a public hearing on the matter. If a public hearing has not been held previously by the committee, the common council may hold a public hearing on the file, and then proceed to take action, or may refer the file to the committee from which it was taken, or to another committee, with a directive that a public hearing be held on the file at the next regularly scheduled meeting of the committee.
BODY:
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. The city of Milwaukee elects not be governed by those portions of subch. 4, s. 5, ch. 184, Laws of Wisconsin, 1874; s. 1, ch. 274, Laws of Wisconsin, 1881; and s. 12, ch. 324, Laws of Wisconsin, 1882, with respect to common council action on ordinances and all resolutions making appropriations.
Part 2. Section 4-21 of the city charter is repealed and recreated to read:
4-21. Appropriations and Ordinances; Procedure.
1.All resolutions appropriating money, or creating any charge against any city funds, and all accounts and ordinances, shall be referred to appropriate committees and shall only be acted on by the common council at a subsequent council meeting not held on the same day.
2.If a report is made by a committee upon an ordinance or a resolution appropriating money out of, or creating any charge against any city fund, the report shall be countersigned by the city comptroller, and the comptroller shall not countersign any such report, unless there is a sufficient portion of the proper city fund unappropriated to meet the appropriation or charge.
3.When a committee shall report by resolution upon a matter referred to it by the common council, action upon such resolution may, in the discretion of the council, be taken without further committee recommendation.
4.No portion of any city fund shall be transferred to, or borrowed from, or by any other of said funds at any time, or for any purpose whatsoever, so as to increase any fund to an amount in excess of the estimate for such fund as fixed by the common council.
5.Action upon any report of a committee made to the common council may be deferred to the next regular meeting of the common council by request of 1/5 of the members present.
6. a. The common council may take any matter described in sub. 1 from committee by a majority vote of the members of the common council in office at the time of the vote, provided the following conditions are met:
a-1.At least 30 days have passed since the matter was introduced at a common council meeting and referred to a committee.
a-2.A notice of intent to take the matter from committee has been filed with the city clerk at least 24 hours prior to the time of the common council meeting.
a-3.With respect to an ordinance, the city attorney has approved the legality and enforceability of the ordinance, providing that the following ordinances shall not be subject to this subdivision:
a-3-a. General salary, prevailing wage and positions ordinances.
a-3-b.Bus franchise ordinances.
a-3-c.Ordinances establishing width and grade of streets, alleys and sidewalks, and medial island change ordinances.
a-3-d.Official map changes and zoning district ordinances.
a-3-e.Taxi stand location ordinances.
a-3-f.Specific locations of stopping ordinances and parking ordinances.
a-3-g.Ordinances designating specific locations of certain traffic regulations.
a-4.With respect to any matter appropriating money out of, or creating any charge against any city fund, the city comptroller has indicated in writing that there is a sufficient portion of the proper city fund unappropriated to meet the appropriation or charge.
b. If a matter is taken from committee pursuant to par. a, the common council may proceed to consider and take action on the matter, providing the committee had previously held a public hearing on the matter. If a public hearing has not been held previously by the committee, the common council may hold a public hearing on the file, and then proceed to take action, or may refer the file to the committee from which it was taken, or to another committee, with a directive that a public hearing be held on the file at the next regularly scheduled meeting of the committee.
Part 3. This is a charter ordinance and shall take effect 60 days after its passage and publication, unless within such 60 days a referendum petition is filed as provided in s. 66.01(5), Wis. Stats., in which event this ordinance shall not take effect until submitted to a referendum and approved by a majority of the electors voting thereon.
LRB:
APPROVED AS TO FORM
____________________________
Legislative Reference Bureau
Date: ______________________
CATT:
IT IS OUR OPINION THAT THE ORDINANCE
IS LEGAL AND ENFORCEABLE
____________________________
Office of the City Attorney
Date: ______________________
ZDPT:
DFTR:
LRB97219.3
BJZ/dw
6/11/98
-4-