1717 East Park Street, Two Rivers WI 54241 (920) 793-5523

 

Title 2: Government and Administration

 

Chapter 1: City Government

 

Sec. 2-1-1 Form of Government

 The City of Two Rivers, Wisconsin, operates under the Council-Manager system of government.

Sec. 2-1-2 Division of City Into Wards

(a) The City of Two Rivers shall be and hereby is divided into eight (8) wards, and that two (2) or more wards shall be combined into one (1) common polling place that will use common ballot boxes and ballots, voting machines, and that combined, not separate, returns be maintained.

(b) The two (2) or more City wards combined have been prepared in accordance with Wisconsin Statutory requirements that will accommodate the Manitowoc County Supervisory District Plan, as follows based on the Map and Census Block Numbers provided by Manitowoc County, the descriptions for each Ward in the City shall be as follows:

Sec. 2-1-3 Poll Hours

At all City elections, the polls shall be open from 7:00 AM to 8:00 PM.

Sec. 2-1-4 Election Inspectors and Boards of Canvassers

(1) Election Inspectors

(a) Pursuant to Wis. Stat. 7.30(1), there shall be five (5) election inspectors at each polling location in the City. Alternate inspectors may be selected, or two or more sets of inspectors may be selected to work at different times on election days. The City Clerk is authorized to establish different working hours for different inspectors assigned to the same polling place.

(b) A student who is 16 or 17 years of age enrolled in grades 9 - 12 in a public or private school who has at least a 3.0 grade point average or the equivalent may serve as an inspector at the polling place serving the pupil's residence upon approval of the pupil's parent or guardian and of the principal of the school in which the pupil is enrolled. Such pupil may serve as an inspector only if at least one inspector at the polling place, other than the chief inspector, is a qualified elector of the state. No pupil may serve as chief inspector. The City Clerk shall obtain written authorization of the principal of the school where the pupil is enrolled for eh entire term for which the pupil is appointed. In addition, the City Clerk shall obtain written permission from a pupil's parent or guardian prior to the pupil's appointment as an inspector. The City Clerk shall advise the principal of the school in which such pupil is enrolled of the date of expiration of the pupil's term in office.

(2) Board of Canvassers

(a) Pursuant to Wis. Stat. 7.53, there is hereby established a Board of Canvassers for the City, which shall consist of three (3) members; namely, the City Clerk and two members appointed by the City Clerk. The memebers of the board of canvassers shall serve a two (2) year term, commencing January 1st of each odd-numbered year, except that any member who is appointed to fill a permanent vacancy shall be filled by appointment by the City Clerk. The Board of Canvassers shall meet no later than 9:00AM on the Monday after an Election to canvass the votes. Where there is a Municipal Election, the Board of Canvassers shall meet the next day at 9:00AM and recess until the Monday after. The clerk shall publish the results of each canvass.

Chapter 2: City Council

 

Sec. 2-2-1 City Council

(a)POWERS OF THE COUNCIL. The City Council shall possess and exercise all legislative and general ordinance powers imposed and conferred by general law or special charter upon the Mayor and City Council and the various boards and commissions, not inconsistent with Sections 64.01 to 64.15, Wis. Stats., and in force at the time the City's adopted the Council-Manager form of government and such additional powers as are imposed and conferred by the Wisconsin Statutes. The City Council shall not have the power to enact special executive or administrative orders, it being the intent of Sections 64.01 to 64.15, Wis. Stats., to separate the legislative and executive powers of city government.

(b) ORGANIZATION MEETING; COUNCIL PRESIDENT

(c) REGULAR MEETINGS. The City Council shall hold its regular meetings on the first and third Monday of each month at 6:00 PM. When any such day is a legal holiday, the City Council shall meet at 6:00PM on the next regular business day.

(d) SPECIAL MEETINGS. Special meetings shall be called by the President of the City Council, any two council members, or by the City Manager and legally notifying each member of the Council and complying with the notice requirements of the open meeting law.

(e) QUORUM. A majority of the members of the Council shall constitute a quorum, and a majority vote of all the members of the Council shall be necessary to adopt any ordinance or resolution.

(f) RECORDING OF VOTES. The ayes and noes shall be called and recorded on the vote upon every ordinance and resolution.

(g) ORDER OF BUSINESS. The order of business for all meetings of the City Council shall be set by the City Council by resolution annually at each organizational meeting of the City Council. A majority vote of all members of the City Council shall be required for the adoption of such resolution.

(h) SPECIAL BUSINESS. If the City Council directs any matter to be the special business of a future meeting, the same shall have precedence over all other business at such meeting.

Sec. 2-2-2 General Rules of the Council

(a) ROBERT'S RULES OF ORDER. Unless otherwise provided in these ordinances, the Council in its deliberations shall be governed by Robert's Rules of Order, Revised.

Sec. 2-2-3 Suspension of Rules

  The rules of order shall only be suspended upon the request of a Councilman, with the approval of the presiding officer, or by the presiding officer, except that if any member of the Council so requests, a majority vote of all the members shall be required.

Sec. 2-2-4 Standing Committees

(a) COMMITTEE APPOINTMENTS. At the first regular meeting of the City Council, the Council President shall appoint councilmen to each of the following standing committees:

(b) COMMITTEE REPORTS. Each committee shall at the next regular Council meeting submit a report on all matters requiring Council action. Such report shall recommend a definite action on each item and shall be approved by a majority of the committee members present at the time of voting.

Sec. 2-2-5 Election of Council Members

(a) COMPOSITION; TERMS. The City Council shall consist of nine (9) members elected at large. Commencing with the election to be held in April, 2007, Council Members shall be elected for terms of three (3) years on a staggered basis, until all Council Members have been elected for 3-year terms, in the following manner:

  At the Spring Election in 2007, the candidate receiving the most votes, the candidate receiving the second largest number of votes, and the candidate receiving the third largest number of votes shall serve for 3-year terms, and the remaining two candidates receiving the fourth and fifth largest number of votes, shall be elected for 2-year terms; at the Spring Election in 2008, the candidate receiving the most votes, the candidate receiving the second largest number of votes, and the candidate receiving the third largest number of votes, shall be elected to 3-year terms, and the candidate receiving the fourth largest number of votes shall be elected for 1-year; at the Spring Election in 2009 and at each Spring Election thereafter, all candidates shall be elected for 3-year terms.

  Council Members shall serve until their successors are elected and qualify. By this Ordinance, the Charter Ordinance dated March 1, 1948 and published March 4, 1948, providing for two-year terms, is repealed.

Sec. 2-2-6 Compensation of Council Members

  The compensation of councilmen shall be as determined by the Council from time to time, provided that such compensation shall not be inconsistent with the provisions of the Wisconsin Statutes.

Sec. 2-2-7 Granting General Waiver Authority to Council

  The compensation of councilmen shall be as determined by the Council from time to time, provided that such

(a) Authority. Where in the judgment of the City Council it would be inappropriate to literally apply the requirements of any ordinance in the City's Municipal Code because exceptional circumstances exist, or because application of such requirement would create an undue hardship which would outweigh the benefit intended to be reached through compliance with such requirements, the City Council may, on written request, by written resolution waive such requirements to the extent it deems just and proper, subject to the conditions and exceptions set forth in this ordinance, after public hearing as provided in this Ordinance. An affirmative vote of two-thirds of the members of the Council shall be required to create such a waiver. If a waiver is granted, the reasons for the waiver shall be stated in the Council's minutes and in its resolution.

Prior to granting any waiver, the Council shall hold a public hearing on the waiver requested. The hearing shall be preceded by a Class 1 Notice as provided in Chapter 985 of the statutes. The person requesting the waiver shall pay a fee to be set by the Council by resolution at the time written request for waiver is made. Such fee may be modified by the Council by resolution from time to time. The written request shall state the reasons why a waiver is requested, and shall be delivered to the Council care of the City Manager's Office.

(b) Consideration. The Council shall consider the following factors in determining whether to waive the requirements of any ordinance, in addition to such other factors it considers relevant, and shall in its consideration of the waiver and in its written resolution state its findings as to each factor and whether such findings do or do not support granting a waiver:

(c) Exceptions. The City Council shall not exercise its authority under this ordinance in any of the following situations:

(d) Case-by-Case Decision. The Council's exercise of authority to waive ordinance requirements pursuant to this ordinance shall be on a case-by-case basis, and any waiver granted shall be deemed limited to the specific circumstances or request addressed by the Council at the time a waiver is granted. The Council's decision to grant a waiver in one case shall not bind it to grant a waiver in any other instance. The Council may, if it desires and provided it may do so legally, make any waiver personal to the person or entity requesting a waiver, specify that such waiver does not extent to successors in interest to property and is not assignable, or provide that the waiver shall exist only for a particular period of time or is subject to compliance with conditions the Council imposes.

(e) Severability. If any provision of this ordinance is determined be illegal, such illegality shall not affect the application of the balance of the ordinance, which shall continue to be in force and effect, unless the provision determined to be illegal is so essential to this ordinance that its purpose cannot be accomplished if the illegal provision is severed.

Chapter 3: City Manager

 

Sec. 2-3-1 Selection of City Manager

(a) COUNCIL TO SELECT. The Council shall engage a City Manager who shall have charge of the executive side of the City government and who shall be responsible for the efficiency of its administration.

(b) SELECTION. The City Manager shall be selected on merit. In selecting the City Manager, the Council shall give due regard to training, experience, executive and administrative ability, and efficiency and general qualifications and fitness for performing the duties of the office, and no person shall be eligible to the office of City Manager who is not by training, experience, ability and efficiency well qualified and generally fit to perform the duties of such office. No weight or consideration shall be given by the Council to nationality, political or religious affiliations, or to any other considerations except merit and direct qualifications for the office.

(c) SALARY. The salary of the City Manager shall be fixed by the Council.

Sec. 2-3-2 Removal of City Manager

  The Council shall have the power to remove the City Manager at any time that his conduct of the City administration become unsatisfactory and to engage a successor, but such City Manager shall serve until his successor is appointed.

Sec. 2-3-3 Acting City Manager

(a) In case of a vacancy in the office of City Manager by reason of removal, resignation or other cause the Council may appoint an Acting City Manager for a period not exceeding six months to fill the vacancy while considering the selection of a City Manager.

(b) If the Council is unable within such six months' period to secure a qualified City Manager specified in this chapter it may by a majority vote of its members present at any regular meeting extend the employment of such Acting City Manager or appoint another Acting City Manager for an additional six months. The Acting City Manager shall have all the powers and perform all the functions of the City Manager. He may be removed by the Council without cause and such removal shall be final.

Sec. 2-3-4 Powers of City Manager; Appointments

(a) The City Manager shall be the chief executive officer of the City and the head of the City administration and shall possess and exercise all the executive and general administrative powers imposed and conferred by general law or special charter upon the Mayor and City Council and upon the various boards, commissions and officers and in force in the City at the time of its reorganization under Sections 64.01 to 64.15, Wis. Stats., and such additional powers as are herein imposed and conferred.

(b) The City Manager shall have the power to create minor administrative offices and positions and to discontinue such offices and positions according to his judgment of the needs of the City.

(c) The City Manager shall have the power to appoint all heads of departments, all subordinate city officials and all city employees and to remove such appointees at any time their services or conduct of their offices becomes unsatisfactory to him. This subsection shall not be construed as depriving the Board of Fire and Police Commissioners or the Chiefs of Fire or Police Departments of the City of the powers conferred by Section 62.13, Wis. Stats.

(d) All appointments shall be purely on merit and with a view to securing the best available appointee for the position. Due consideration shall be given to training, experience, ability, and general qualifications and fitness for performing the duties of the office.

Sec. 2-3-4 City Manager to Present Monthly Reports and Accounts

(a) The City Manager shall each month prepare and present to the Council a summarized statement of the income and expenditures of the City for the preceding month arranged in standard form and detailed as to appropriations, funds, and character of expenditures.

(b) Such summaries shall be accompanied by a general account balance sheet, a capital account balance sheet, a statement of funded assets and liabilities, and a consolidated financial statement showing the exact financial condition of the City at the end of such month. The City Manager shall also prepare and present to the Council such other detailed schedules and statements of accounts as the Council may by ordinance require.

(c) At the end of each fiscal year, the City Manager shall cause a full and complete examination of all the books and accounts of the City to be made by competent public accountants who shall report in full. Copies of such reports shall be provided to the Council.

Chapter 4: Municipal Judge

 

Sec. 2-4-1 Joint Municipal Court

(a) OFFICE CREATED. Pursuant to Chapter 755, Wis. Stats., and the agreement dated May 1, 2010, by and between the City of Two Rivers and the Village of Mishicot ("the Municipalities"), there is hereby created and established a joint municipal court to be designated "Municipal Court for the City of Two Rivers and the Village of Mishicot" said court to become operative and functional on May 1, 2010.

(b) QUALIFICATIONS. The joint court shall be under the jurisdiction of an presided over by a Municipal Judge who resides in one of the Municipalities.

(c) TERM OF OFFICE. The Municipal Judge shall hold office for a term of four years commencing on May 1 succeeding his/her election and shall hold office until his/her successor is elected and qualified.

(d) ELECTION. The Municipal Judge shall be elected at large for a term of four (4) years at the spring election held in even numbered years every four (4) years and shall take office on May 1 following the election.

Any vacancy occurring in the office of Municipal Judge shall be filled pursuant to Sec. 8.50(dm), Wis. Stat.

(e) SALARY. The salary of the Municipal Judge shall be fixed by the Two Rivers City Council and shall be in lieu of fees and costs in accordance with Sec. 755.04, Wis. Stats. No salary shall be paid for any time during the term during which such Judge has not executed the official bond or official oath, as required by Sec. 755.03, Wis. Stats., and filed pursuant to Sec. 19.01(4)(c), Wis. Stats. The Municipalities allocate funds for the administration of the Municipal Court pursuant to Sec. 66.0301, Wis. Stats.

(f) BOND AND OATH. The Judge shall, after election or appointment to fill a vacancy, take and file the official oath as prescribed in Sec, 757.02(1), Wis. Stats., and at the same time execute and file an official bond in the amount of $5,000 as required by Sec. 62.09(4), Wis. Stats. The Judge shall not act until the oath and bond have been filed as required by Sec. 19.01(4)(c), Wis. Stats., and the requirements of Sec. 755.03(2) have been complied with.

(g) JURISDICTION. The Municipal Court shall have jurisdiction over incidents occurring in the Municipalities on or after May 1, 2010, as provided in Article VII, Sec. 14 of the Wisconsin Constitution, Sec, 755.045 and 755.05, Wisc. Stats., and as otherwise provided by State Law. In addition, it shall have exclusive jurisdiction regarding the municipal ordinances, resolutions, and by-laws of the Municipalities

  The Municipal Judge may issue civil warrants to enforce matters under the jurisdiction of the Municipal Court under Sec. 755.045(2) and 66.0119, Wis. Stats.

  The Municipal Court has jurisdiction over juvenile offenders if either of the Municipalities has enacted an ordinance under the authority of Sec. 938.17(2)(cm), Wis. Stats.

(h) PROCEDURE.

(i) CONTEMPT OF COURT.

(j) STATUTES ADOPTED BY REFERENCE. Chapters 755 and 800, Wis. Stats., are hereby adopted by reference.

(k) COURT COSTS. Pursuant to Sec. 814.65 Wis. Stat., court costs of not less than $15.00 nor more than the maximum allowed by law shall be collected on each separate matter before the Court.

(l) COLLECTION OF FORFEITURES AND COSTS. The Municipal Judge may impose punishment and sentences as provided by Chapters 800 and 938, Wis. Stats., and as provided in the ordinances of the Municipalities that are parties to the agreement. All forfeitures, fines, and taxable costs in any action or proceeding before the Municipal Jude shall be collected by the Chief of Police of Two Rivers. The Chief shall pay forfeitures collected to the Two Rivers City Clerk- Treasurer on the fifth business day succeeding his receipt thereof.

(m) DISBURSEMENT OF FORFEITURES AND COSTS. All forfeitures, fees, assessments, surcharges, and costs collected by the City of Two Rives shall be paid to the treasurer of the municipality within which the cases arose monthly. The municipal court shall report to the treasurer the title of action, the nature of the offenses and total amount of judgments imposed in actions and proceedings in which such monies were collected.

(n) ABOLITION. Pursuant to Sec. 755.01(2), Wis. Stat., the Municipal Court hereby established shall not be abolished while the agreement referred to in subsection (a) hereof, is in effect.

Sec. 2-4-2 Juvenile Dispositions and Sanctions

(a) The Municipal Court is authorized to impose any of the dispositions described in Wisconsin Statutes Sections 938.343 and 938.344, as amended from time to time, consistent with the terms and provisions of those Statutes.

(b) If a juvenile violates a condition of a disposition order made by the Municipal Court pursuant to Wisconsin Statutes Sections 938.343 or 9838.344 and this ordinance, the Municipal Court is authorized to impose any of the sanctions described in Wisconsin Statutes Section 938.355(6)(d), as amended from time to time, consistent with the terms and provisions of that Statute.

(c) This Section is enacted pursuant to authority granted by Wisconsin Statutes Section 938.17(2)(cm).

Chapter 5: Boards, Commissions and Committees

 

Sec. 2-5-1 City Plan Commission

(a) MEMBERS.

(b) ORGANIZATION AND RULES. A majority of the members shall be a quorum for the transaction of business, but no recommendation or approval shall be made without consent of a majority of the Commission. The Building and Zoning Director shall act as secretary to the Commission.

(c) MATTERS REFERRED TO PLAN COMMISSION. The powers and duties of the Plan Commission shall be as provided in Section 62.23, Wis. Stats.

(d) FEES. Fees for request for zoning district changes, zoning map amendments, comprehensive plan amendments, conditional use permits, establishment of planned unit development districts, recreational vehicle courts, drive-in businesses shall be as established in Title I.

Sec. 2-5-2 Board of Appeals

(a) HOW BOARD CONSTITUTED. The Board of Appeals shall consist of five members appointed by the City Manager for staggered terms of three years, subject to confirmation of the City Council. The City Manager shall designate one of the members Chairperson. The City Manager shall appoint for staggered terms of three years, two alternate members of the Board. Annually, the City Manager shall designate one of the alternate members as first alternate and the other as second alternate. The first alternate shall act, with full power, only when a member of the Board refuses to vote because of interest or when a member is absent. The second alternate shall so act only when the first alternate so refuses or is absent or when more than on member of the Board so refuses or is absent. The members and alternates shall serve as such compensation as may be fixed by ordinance and shall be removable by the City Manager for cause upon written charges and after public hearing. If a quorum of the Board is present, the Board may take action as authorized under Section 62.23(7)(e) of the Wisconsin Statutes by a majority vote of the members present.

(b) PROCEDURE. Meetings of the Board of Appeals shall be held at the call of the chairman and at such other times as the Board of Appeals may determine. The chairman, or in his absence, the acting chairman, may administer oaths and compel the attendance of witnesses. All meetings shall be open to the public.

(c) MINUTES OF PROCEEDINGS. The Board of Appeals shall keep minutes of its proceedings, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the Board of Appeals and shall be a public record.

(d) APPEALS, HOW TAKEN. An appeal shall be taken within 30 days of the date of the decision appealed from by filing with the officer from whom the appeal is taken and with the Board of Appeals a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the Board of Appeals all the papers constituting the record upon which the action appealed from was taken. The Board of Appeals shall fix a reasonable time for the hearing of appeals and give public notice thereof as well as due notice to the parties in interest and shall decide the same within a reasonable time.

(e) POWERS OF THE BOARD OF APPEALS. The Board of appeals shall have the powers provide in Section 62.23(7)(e), Wis. Stats.

(f) EXPIRATION. No order of the Board of Appeals granting a variance shall be valid for a period longer than twelve (12) months from the date of such order unless a permit obtained within such period and the erection or alteration of a building is started or the use is commenced within such period.

(g) FEES. Fees for variances from the municipal zoning code, fire protection code, and flood plain protection code shall be as established in Title I.

Sec. 2-5-3 Police and Fire Commission

(a) APPOINTMENT. The Police and Fire Commission shall consist of five citizens, one of whom shall be appointed annually by the City Manager for a five year term.

(b) POWERS. The Police and Fire Commission shall be governed by Section 62.13, Wis. Stats.

Sec. 2-5-4 Board of Review

(a) MEMBERS. The Board of Review shall consist of the City Manager, City Clerk, and three Councilmembers appointed by the Council annually.

(b) COMPENSATION; MEETINGS. The Board members shall receive $10.00 for less than a full-day session and $25.00 for a full-day session. The Clerk-Treasurer or City Manager shall receive no compensation. Board of Review meetings start on the second Monday in May and are adjourned from day to day.

(c) STATUTORY AUTHORIZATION. Section 70.47, Wis. Stats., is hereby adopted by reference.

(d) Whenever the City Assessor, in the performance of the Assessor's duties, requests or obtains income or expense information pursuant to Section 70.47 (7) (af), Wis. Stats., or any successor statute thereto, such income and expense information provided to the Assessor shall be held by the Assessor on a confidential basis, except, however, that said information may be revealed to and used by persons: (i) in the discharge of duties imposed by law; (ii) in the discharge of duties imposed by office, including, but not limited to, use by the Assessor in performance of official duties of the Assessor's office and use by the Board of Review in the performance of its official duties; or (iii) pursuant to order of a court.

  Pursuant to Section 70.47 (7) (af) Wis. Stats., income and expense information provided to the Assessor under that Section is not subject to the right of inspection and copying under Section 19.35 (1) Wis. Stats., unless a court determines that it is inaccurate.

Sec. 2-5-5 Environmental Advisory Board

(a) APPOINTMENT. The Environmental Advisory Board shall consist of seven (7) members. All Board members as well as a student member shall be appointed by the City Manager, subject to confirmation by the Council, except that the City Council shall appoint one (1) member of the Council at the April organizational meeting.

(b) COMPOSITION. Six citizen members shall be appointed to staggered two-year terms as follows: three members in even-numbered years; three members appointed in oddnumbered years; One (1) Council member shall be named annually. Citizen board members shall be drawn from such fields as business, industry, organized labor and environmental organizations, as well as other citizens.

  A student member shall be appointed annually to serve throughout the school year. The student member shall act in an advisory role.

(c) SECRETARY. A staff person from the Public Works Department shall serve as Secretary but shall have no vote.

(d) EXPIRATION OF TERMS. All terms shall expire on May 1 of the year designated.

(e) DUTIES. The Environmental Advisory Board (EAB) shall act as an advisory board to the Public Works Committee. The EAB shall recommend policy enforcement, and information programs to assist the City Council in setting policy. Further, the EAB will act as a resource for City Manager, City Council, all City Departments, Plan Commission, and any other governing bodies or committees. The City Council and the City Manager may refer environmental actions to the Board to investigate and provide recommendations. If the Board wants to explore more issues above and beyond this, they can, but the Board needs to focus on the needs of the City Council and City Manager first.

Sec. 2-5-6 City Park Board

  The City Manager shall constitute the City Park Board and shall have all of the powers and authority granted pursuant to Sections 17.08, 27.09, and 27.10, Wis. Stats.

Sec. 2-5-7 Advisory Recreation Board

  The Advisory Recreation Board shall consist of seven citizens of the City, a youth representative, two Councilmembers and the Recreation Director. The citizen members shall be appointed by the City Manager, subject to confirmation by the Council, for three year terms. The terms shall be so staggered that no more than three citizen members are appointed annually. The youth representative shall be appointed by the City Manager, subject to confirmation by the Council for a one year term. The Councilmembers shall be appointed by the Council at its re-organizational meeting in April. All terms shall expire April 30 of the year. The Recreation Director shall serve as secretary of the Board.

Sec. 2-5-8 Community Development Authority

(a) FINDINGS AND DECLARATION OF NECESSITY. The City Council hereby finds and declares a need for blight elimination, slum clearance, urban renewal and community development programs and projects and housing projects, and that a housing and community development authority functioning within the City of Two Rivers would constitute an effective, efficient means for carrying out such programs and projects.

(b) CREATION OF COMMUNITY DEVELOPMENT AUTHORITY. Pursuant to SS66.4325 of the Wisconsin Statutes, there is hereby created a housing and development authority to be known as the Community Development Authority of the City of Two Rivers. The Community Development Authority shall be deemed a separate body corporate and politic for the purpose of carrying out blight elimination, slum clearance, urban renewal programs and projects and housing projects.

(c) COMPOSITION AND PROCEDURES OF COMMUNITY DEVELOPMENT AUTHORITY.

(d) TERMINATION OF HOUSING AUTHORITY. There is currently no redevelopment authority or housing authority created under Section 66.431 or 66.40 of the Wisconsin Statues operating in the City of Two Rivers.

(e) CONTROLLING STATUTE. This section of the Municipal Code is enacted pursuant to SS66.4325 of the Wisconsin Statutes. Insofar as this ordinance may be inconsistent with SS66.4325, the statute shall control.

Sec. 2-5-9 Library Board

(a) POWERS. The Municipal Library Board shall have the powers, functions, and duties provided under Chapter 43, Wis. Stats. Library operations and staff shall be subject to the rules and regulations established by the City Council and City Manager, where such rules and regulations are not inconsistent with Chapter 43, Wis. Stats.

(b) APPOINTMENT AND TERMS OF OFFICE

(c) VACANCIES. Vacancies on the Library Board shall be filled for the balance of the unexpired term of each office vacated by the appointing authority.

(d) LIMIT ON TERMS. No person shall serve more than six continuous years on the Library Board.

Sec. 2-5-10 Commission for Equal Opportunities in Housing

(a) COMPOSITION. The Two Rivers Commission on Equal Opportunities in Housing shall consist of seven members, five members who are qualified electors of the City and who shall serve two-year terms. The members shall be jointly appointed by the Council President and City Manager, subject to Council confirmation. In even years, three members shall be appointed for terms of two years and two members shall be appointed in odd years. The City Council shall elect two of its members to serve on said Commission at its annual organizational meeting.

(b) POWERS AND DUTIES. The Two Rivers Commission on Equal Opportunities in Housing shall have the following powers and duties:

Sec. 2-5-11 Business & Industrial Development Committee, INC.

(a) COMPOSITION. The Business & Industrial Development Committee shall consist of nine members. Seven members shall be appointed to staggered three year terms, by the City Manager, subject to confirmation by the Council, in the following sequence: two members appointed in odd-numbered years, two members appointed in even numbered years, with an additional member appointed in every other odd numbered year. Two Councilmembers shall be elected annually by the City Council. Terms shall commence May 1.

(b) DUTIES.

Sec. 2-5-12 Committee on Aging

(a) COMPOSITION. The Committee on Aging shall consist of nine members. Eight members shall be appointed to three year terms by the City Manager, subject to confirmation by the Council, in the following sequence: three members one year, three members the next year, and two members the following year. One member shall be elected annually to a one-year term by the City Council from among its members at its organizational meeting. All terms commence on May 1 in the year of appointment.

(b) DUTIES. The Committee shall make recommendations to the Advisory Recreation Board and City Manager regarding the well-being of senior citizens.

Sec. 2-5-13 Capital Improvement Advisory Board

(a) COMPOSITION. The Capital Improvement Advisory Board shall consist of nine citizen members.

(b) APPOINTMENT. The members shall be appointed by the City Manager subject to confirmation of the City Council. The first appointments of the nine members shall be for the following terms: three for one year, three for two years, and three for three years. Thereafter, the terms of members shall be three years and until their successors are appointed and qualify. Vacancies shall be filled for the balance of the unexpired term of each office vacated by the appointing authority.

(c) SECRETARY. The Finance-Administrative Services Director shall serve as Secretary, but shall have no vote.

(d) EXPIRATION OF TERMS. All terms shall expire on May 1 of the year designated.

(e) DUTIES. The function of the Board shall be to provide information and advice to the City Council on a program or plan for the utilization of financial resources of the City over a specified period of time to accomplish specified objectives related to major capital expenditures and City services.

Sec. 2-5-14 Repealed

Sec. 2-5-15 Repealed

Sec. 2-5-16 Removal of Committee, Commission and Board Members

  A member of a board, commission or committee may be removed by the City Manager for inefficiency, neglect of duty, misconduct or malfeasance of office. The commissioners, committee member or board member shall be given a written statement of the charges and an opportunity to be hear by the City Manager. Such removal by the City Manager shall require the approval of the council in those instances where the Council first provided confirmation, and shall meet any statutory requirements.

Sec. 2-5-17 Records; Meetings

(a) RECORDS. Every City board, committee, and commission shall keep an accurate and complete record of its deliberations and actions. A copy of such records shall be filed with the City Manager after every meeting.

(b) MEETINGS. Every City board, committee, and commission shall comply with the provisions of the state open meeting law.

Chapter 6: Personnel Relations

 

Sec. 2-6-1 Employee Relations

(a) The agreement by and between the City of Two Rivers and A.F.S.C.M.E. Local 76, Local 423 I.A.F.F., and the Two Rivers Professional Police Association/LEER are hereby included as a part of this chapter by reference.

(b) The revised agreement between the City of Two Rivers and the Two Rivers Professional Police Association/Leer, for the period of January 1, 1992, through December 31, 1994, is hereby adopted. A copy of the 1989-1991 collective bargaining agreement and the amendments negotiated thereto constitute the new 1992-1994 contract and are incorporated herein by this reference as though fully set forth therein.

(c) The revised agreement between the City of Two Rivers and the Two Rivers Professional Police Association/Leer, for the period of January 1, 1995, through December 31, 1996, is hereby adopted. A copy of the 1989-1991 collective bargaining agreement and the amendments negotiated thereto constitute the new 1995-1996 contract and are incorporated herein by this reference as though fully set forth therein.

(d) The revised agreement between the City of Two Rivers and the Two Rivers Professional Police Association/Leer, for the period of January 1, 1997, through December 31, 1999, is hereby adopted. A copy of the 1989-1991 collective bargaining agreement and the amendments negotiated thereto constitute the new 1997-1999 contract and are incorporated herein by this reference as though fully set forth therein.

(e) The revised agreement between the City of Two Rivers and the Two Rivers Professional Police Association/Leer, for the period of January 1, 2000, through December 31, 2002, is hereby adopted. A copy of the 1989-1991 collective bargaining agreement and the amendments negotiated thereto constitute the new 2000-2002 contract and are incorporated herein by this reference as though fully set forth therein.

(f) The revised agreement between the City of Two Rivers and the Two Rivers Professional Police Association/Leer, for the period of January 1, 2003, through December 31, 2004, is hereby adopted. A copy of the 1989-1991 collective bargaining agreement and the amendments negotiated thereto constitute the new 2003-2004 contract and are incorporated herein by this reference as though fully set forth therein.

(g) The revised agreement between the City of Two Rivers and the Two Rivers Professional Police Association/Leer, for the period of January 1, 2005 through December 31, 2006 is hereby adopted. A copy of the 1989 -1991 collective bargaining agreement and the amendments negotiated thereto constitute the new 2005-2006 contract and are incorporated herein by this reference is though fully set forth therein.

(h) The revised agreement between the City of Two Rivers and I.A.F.F. Local 423, I.A.F.F., for the period of January 1, 1992, through December 31, 1994, is hereby adopted. A copy of the 1989-1991 collective bargaining agreement and the amendments negotiated thereto constitute the new 1992-1994 contract and are incorporated herein by this reference as though fully set forth therein.

(i) The revised agreement between the City of Two Rivers and I.A.F.F. Local 423, I.A.F.F., for the period of January 1, 1995, through December 31, 1996, is hereby adopted. A copy of the 1989-1991 collective bargaining agreement and the amendments negotiated thereto constitute the new 1995-1996 contract and are incorporated herein by this reference as though fully set forth therein.

(j) The revised agreement between the City of Two Rivers and I.A.F.F. Local 423, I.A.F.F., for the period of January 1, 1997, through December 31, 1999, is hereby adopted. A copy of the 1989-1991 collective bargaining agreement and the amendments negotiated thereto constitute the new 1997-1999 contract and are incorporated herein by this reference as though fully set forth therein.

(k) The revised agreement between the City of Two Rivers and I.A.F.F. Local 423, I.A.F.F., for the period of January 1, 2000, through December 31, 2002, is hereby adopted. A copy of the 1989-1991 collective bargaining agreement and the amendments negotiated thereto constitute the new 2000-2002 contract and are incorporated herein by this reference as though fully set forth therein.

(l) The revised agreement between the City of Two Rivers and I.A.F.F. Local 423, I.A.F.F., for the period of January 1, 2003, through December 31, 2004, is hereby adopted. A copy of the 1989-1991 collective bargaining agreement and the amendments negotiated thereto constitute the new 2003-2004 contract and are incorporated herein by this reference as though fully set forth therein.

(m) The revised agreement between the City of Two Rivers and I.A.F.F. Local 423, I.A.F.F., for the period of January 1, 2003, through December 31, 2004, is hereby adopted. A copy of the 1989-1991 collective bargaining agreement and the amendments negotiated thereto constitute the new 2003-2004 contract and are incorporated herein by this reference as though fully set forth therein.

(n) The revised agreement between the City of Two Rivers and A.F.S.C.M.E. Local 76, for the period January 1, 1992, through December 31, 1994, is hereby adopted. A copy of the 1990-91 collective bargaining agreement and the amendments negotiated thereto constitute the new 1992-1994 contract and are incorporated herein by this reference as though fully set forth therein.

(o) The revised agreement between the City of Two Rivers and A.F.S.C.M.E. Local 76, for the period of January 1, 1995, through December 31, 1996, is hereby adopted. A copy of the 1995-96 collective bargaining agreement and the amendments negotiated thereto constitute the new 1995-1996 contract and are incorporated herein by this reference as though fully set forth therein.

(p) The revised agreement between the City of Two Rivers and A.F.S.C.M.E. Local 76, for the period of January 1, 1997, through December 31, 1999, is hereby adopted. A copy of the new 1997-99 collective bargaining agreement and the amendments negotiated thereto constitute the new 1997-1999 contract and are incorporated herein by this reference as though fully set forththerein.

(q) The revised agreement between the City of Two Rivers and A.F.S.C.M.E. Local 76 for the period of January 1, 2000, through December 31, 2002, is hereby adopted. A copy of the2000-02 collective bargaining agreement and the amendments negotiated thereto constitute the new 2000-02 contract and are incorporated herein by this reference as though fully set forth therein.

(r) The revised agreement between the City of Two Rivers and A.F.S.C.M.E. Local 76 for the period of January 1, 2003, through December 31, 2004, is hereby adopted. A copy of the 2003-04 collective bargaining agreement and the amendments negotiated thereto constitute the new 2003-04 contract and are incorporated herein by this reference as though fully set forth therein.

(s) The revised agreement between the City of Two Rivers and A.F.S.C.M.E. Local 76 for the period of January 1, 2005 through December 31, 2006, is hereby adopted. A copy of the 2005-06 collective bargaining agreement and the amendments negotiated thereto constitute the new 2005-06 contract and are incorporated herein by this reference as though fully set forth therein.

Sec. 2-6-2 Procedures in Employment Relations

(a) PERSONNEL COMMITTEE. In addition to duties assigned elsewhere, the Personnel Committee of the Council shall have charge of all matters under Chapter 111, Wis. Stats. The Personnel Committee shall provide guidance to the City Manager in collective bargainin gmatters.

(b) AGREEMENT. The agreements reached at the conclusion of collective bargaining shall be reduced to writing and submitted in the form of a proposed ordinance or resolution to the City Council.

(c) ENFORCEMENT. The City Manager is authorized to institute legal proceedings to prevent employees from continuing to engage in practices prohibited by or in violation of Chapter 111, Wis. Stats., and to enforce any ordinance or resolution by the City Council relative to agreements reached at the conclusion of collective bargaining procedures as provided for in subsection (b).

Sec. 2-6-3 Salary Schedules

  All full-time, permanent officers and employees shall receive compensation fixed by the City Manager in accordance with the schedule of salary ranges and wage rates on file in the Office of the City Clerk/Treasurer - Finance Director and made a part of this section by reference. The City Manager shall, from time to time, set the salaries of such officers and employees within the salary range for each position in accordance with the compensation plan and funds available, and shall make such revisions and changes necessary to keep such salaries consistent with the cost of living and wage rates for similar positions in the community.

Sec. 2-6-4 Retirement

  WISCONSIN RETIREMENT SYSTEM. The City elects to include all eligible personnel under the Wisconsin Retirement System pursuant to Section 41.01, Wis. Stats.

Chapter 7: Finance and Public Records

 

Sec. 2-7-1 Preparation of Tax Roll and Payment of Taxes

(a) AGGREGATE TAX STATED ON ROLL. Pursuant to Section 70.65(2), Wis. Stats. the City Clerk-Treasurer shall, in computing the tax roll, insert only the aggregate amount of state, county, school and local taxes in a single column in the roll opposite the parcel or tract of land against which the tax is levied, or, in the case of personal property, in a single column opposite the name of the person against whom the tax is levied.

(b) PAYMENT OF TAXES

Sec. 2-7-2 Duplicate Treasurer's Bond Eliminated

(a) BOND ELIMINATED. The City forgoes the bond on the City Clerk-Treasurer provided for by Section 70.67(1), Wis. Stats.

(b) CITY LIABLE FOR DEFAULT OF TREASURER. Pursuant to Section 70.67(2), Wis. Stats., the City shall be obligated to pay, in case the City Clerk-Treasurer shall fail to do so, all state and county taxes required by law to be paid by such Clerk-Treasurer to the City Treasurer.

Sec. 2-7-3 Claims Against City

(a) ALTERNATE CLAIMS PROCEDURE ADOPTED. The alternate system of approving claims against the City provided for by Section 66.044, Wis. Stats., is adopted.

(b) PROCEDURE FOR APPROVAL. Payment of financial claims against the City treasury may be made from the City treasury after the City Clerk-Treasurer shall have audited andapproved each such claim as a proper charge against the treasury, and shall have endorsed his approval thereon after having determined that the following conditions have been complied with:

Sec. 2-7-4 Annual Audit

  An annual audit of the financial transactions and accounts of the City shall be made either by the State of Wisconsin or by a public accountant licensed under Ch. 442, Wis. Stats., such designation to be made annually by the Council.

Sec. 2-7-5 State and County Tax Funds

  All money collected for taxes due the State and County shall be separated from the general fund and treated as a separate fund called "State and County Tax Fund."

Sec. 2-7-6 Bonds of Officials

  The following City officials shall post the following bonds:

(a) City Manager - $25,000.00

(b) Clerk-Treasurer - $50,000.00

(c) Chief of Police - $25,000.00

Sec. 2-7-7 Purchases by City Manager

(a) The City Manager shall not purchase or authorize the purchase of any item of equipment, material or supplies costing in excess of $2,500 ($4,000 for water and electrical purposes) without the approval of the City Council unless the expenditure has been provided for in the annual City budget or involved payments for items of a recurring nature.

Sec. 2-7-8 Facsimile Signatures

(a) AUTHORIZED. The City Manager, and City Clerk-Treasurer may affix their facsimile signatures, in lieu of their personal signatures on all orders, checks, drafts and order checks of the City pursuant to Section 66.042(3), Wis. Stats.

(b) DEPOSITORIES NOTIFIED. A certified copy of this section shall be furnished every City depository.

Sec. 2-7-9 Public Depositories

  The City Council shall designate the public depository or depositories within this state within which City funds shall be deposited, and when the money is deposited in such depository in the name of the City, the Clerk-Treasurer and bondsman shall not be liable for such losses as are defined by state law. The interest arising therefrom shall be paid into the City treasury.

Sec. 2-7-10 Destruction and Preservation of Public Records

(a) NON-UTILITY RECORDS. The head of each department is empowered to destroy the following non-utility records under their jurisdiction after the completion of an audit by the Department of State Audit or an auditor licensed under Ch. 442, Wis. Stats., but not less than seven years after payment or receipt of the sum involved in the applicable transaction; unless a shorter period has been established by the State Public Records Board pursuant to Sec. 16.61(3)(e), Wis. Stats.

(b) UTILITY RECORDS. The head of each department is empowered to destroy the following records of municipal utilities subject to regulation by the State Public Service Commission, but not less than seven (7) years after payment or receipt of the sum involved in the applicable transaction; unless a shorter period has been established by the State Public Records Board pursuant to Sec. 16.61(3)(e), Wisc. Stats.:

(c) OTHER RECORDS. The head of each department is empowered to destroy the following records but not less than seven (7) years after the record was effective; unless a shorter period has been established by the State Public Records Board pursuant to Sec. 16.61(3)(e), Wisc. Stats.:

(d) NOTICE TO STATE HISTORICAL SOCIETY. Prior to the destruction of any public record described above, at least sixty (60) days notice shall be given the State Historical Society, except for those items for which a waiver has been received.

(e) LIMITATION ON SECTION. This section shall not authorize the destruction of any public record after a period less than prescribed by statute or state administrative regulations.

Sec. 2-7-11 Legal Custodian

  The City Manager, as the chief administrative officer, is designated as the legal custodian for the records of the City of Two Rivers as set forth under Sec. 19.33 Wis. Stats. The City Manager shall designate such deputies as necessary to act in his absence or as otherwise required.

Sec. 2-7-12 Microfilming Authorized

(a) Any department, office or agency of the City is authorized to microfilm any and all records under the control of such department, agency or office.

(b) Departments, offices and agencies desiring to microfilm records under this Section shall first determine the cost effectiveness hereof and secure the approve of the City Manager in advance.

Sec. 2-7-13 Installment Payment and Deferral of Special Assessments

  The City Council in its discretion may allow payment of special assessments in installments, or defer payment of special assessments, as provided in the City's Special Assessment Policy as adopted by the City council, as it may be amended from time to time, or as provided by resolution adopted by separate action of the City Council. If any portion of the City's Special Assessment Policy or any resolution adopted by the City Council pursuant to this Section is inconsistent with the requirements of Section 66.0715 of the statutes, where that statute is applicable, the terms of the statute.

Sec. 2-7-14 Reserved For Future Use

Sec. 2-7-15 Payment For Improvements Prior to Annexation

(a) As condition of annexation, and prior to action by the City Council on any proposed annexation ordinance, a tender must be made to the City for unremunerated improvements made by the City from which benefits have accrued to the property regarding which petition for annexation made, or which would have been received by such property, but for the fact that such property was outside of the City when the improvements were made.

(b) Such tender must be made in cash or agreed to on an installment basis in accordance with City ordinance or policies in effect at the time of such request for annexation, or, at the City's prerogative, an agreement may be entered into providing for manner of payment. The agreement shall be recorded by the City Clerk-Treasurer in the office of the Register of Deeds of Manitowoc County and shall be alien upon such premises until paid. In default of payment of any installment due pursuant to such agreement, the City shall have the right to disconnect such premises from municipal services.

(c) The City may make appropriate adjustments to the amount to be paid to reflect increases in the cost of living or other applicable factors.

(d) Should the annexation ordinance fail, then in that event any tender shall be returned to the petitioner unless the improvements are already benefitting the property, in which case the tender shall be retained and enforced by the City.

Sec. 2-7-16 Public Construction Without Competitive Bidding

  Any class of public construction of any part thereof may be done directly by the City without submitting the same to bids. Whenever the City shall perform public construction without bids, the City Manager shall keep an accurate account of the cost of the public work, and shall make a complete report of the work to the City Council, as provided in Wis. Stats. Section 62.14(14).