2005-275
CHARTER ORDINANCE NO. 2005 - 275
A charter ordinance amending Janesville General Ordinance Section 2.48.020 so as to change the
composition of the Janesville Plan Commission by adding another citizen member and eliminating the
City Engineer.
THE COMMON COUNCIL OF THE CITY OF JANESVILLE HEREBY FIND AS FOLLOWS:
WHEREAS, according to Section 66.0101, in particular Sections 66.0101 (1),(lm)(2)(3) and (5),
of the Wisconsin Statutes, a charter ordinance may change the legislative activities of the City of
Janesville and may amend a previous charter or charter ordinance; and
WHEREAS, Section 64.11 provides that the City Manager shall be the Chief Executive Officer of
the City and 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
Common Council and upon the various boards, commissions and officers; and
WHEREAS, Section 66.105 of the Wisconsin Statutes provides that the Common Co unci I in a city
which has determined by referendum to operate under the city manager form of government may by
charter ordinance allocate powers to the council, president of the council and City Manager in a manner
other than provided by Chapter 64 of the Wisconsin Statutes; and
WHEREAS, Section 62.23( 1) of the Wisconsin Statutes governs the composition of the Plan
Commission, appointments thereto, and empowers the Common Council to otherwise create a Plan
Commission by ordinance; and
WHEREAS, Section 2.48.020 of the Code of General Ordinances ofthe City of Janesville
currently provide as a Charter Ordinance that the City Engineer shall be a member of the Plan
Commission; and
WHEREAS, Charter Ordinance 80-A of the Common Council of the City of Janesville adopted on
or about October 9, 1980, which created Charter Ordinance Section 2.04.150 of the Code of General
Ordinances of the City of Janesville, provides that all appointments to council members to various
committees shall be made by the Council President, subject to confirmation by the Council; and
WHEREAS, the Common Council of the City of Janesville now desire to replace the City
Engineer on the Plan Commission with another city citizen member; and
WHEREAS, pursuant to Sections 64.105,62.23(1) and other applicable provisions of the
Wisconsin Statutes, the Common Council of the City of Janesville is empowered to make such a change
to the membership of the Janesville Plan Commission by charter ordinance.
NOW, THEREFORE, THE COMMON COUNCIL OF THE CITY OF JANESVILLE HEREBY
DO ORDAIN AS FOLLOWS:
SECTION I. Section 2.48.020 of the Code of General Ordinances of the City of
Janesvillc is hereby amended to read as follows:
"2.48.020 Charter Ordinance ~ Plan Commission Membership and Appointments ~ Council
Confirmation. The City Plan Commission shall consist of two members of the Common Council and five
city citizen members. The members of the Plan Commission shall select their own presiding officer, from
time to time. The Council Members on the Plan Commission shall be appointed by the Council President,
subject to confirmation by the Common Council, in accord with Janesville Charter Ordinance No. 80-A
adopting Charter Ordinance Section 2.04.150. The City Manager shall continue to appoint the non-
council members to the Plan Commission, which appointments shall remain not subject to council
approval. Pursuant to Section 66.0101 of the Wisconsin Statutes concerning charter ordinances, this
charter ordinance shall apply regardless of any other ordinance(s) or Wisconsin State statute(s) to the
contrary which shall cease to be in effect in Janesville, pursuant hereto and Section 66.0101 (4) and other
applicable provisions of the Wisconsin Statutes."
SECTION II. This Charter Ordinance, pursuant to Section 66.0101 (5) of the Wisconsin
Statutes, shall take effect sixty (60) days after its passage and publication as a Class 1 notice, under Ch.
985 and Section 66.0101 (3) of the Wisconsin Statutes.
ADOPTED: May 23, 2005
Motion by: Tim Wellnitz
Second by: DeGarmo
Councilmember Aye Nay Pass Absent
Brunner X
Brien X
Williams X
Wellnitz, Tim X
Wellnitz, Tom X
DeGarmo X
Addie X
-
APPROVED:
ATTEST:
APPROVED AS TO FORM:
/l/W !C~!
City Attorney ,y
~J~o~,
Proposed by: Council Members Tim Wellnitz
& Greg Addie
Prepared by: City Attorney