ORDINANCE NO. 2482

BY: ________________________________

AN ORDINANCE TO CREATE

SECTION 2.24(f) OF THE OAK CREEK MUNICIPAL CODE 

WHEREAS, on January 30, 2006 the City Clerk received a petition pursuant to Wisconsin Statutes Section 9.20 for a proposed ordinance which provides:

“Prior to the start of any physical construction of any municipally financed (in whole or in part) project requiring a City capital expenditure of 2 million dollars or more, the Common Council shall submit to the electorate a binding referendum for approval of the project.  Failure of the binding referendum shall preclude the City from proceeding with the project.  The wording of any referendum shall provide the specific purpose, location and cost of the project.  Nothing in this provision shall be construed to preclude the City from exercising its role in the planning or design of such publicly financed projects.”

and,

            WHEREAS, the Common Council took no action with respect to the petition for direct legislation because it believed that the proposed ordinance was not a valid subject of direct legislation in that it repealed an existing City ordinance, to-wit:  Section 2.24(a) which provides for the general powers of the Common Council, and

            WHEREAS, Oak Creek Citizen’s Action Committee (“Citizen’s Action”) and Mark Verhalen (“Verhalen”) filed a Writ of Mandamus which was assigned to Milwaukee County Circuit Court Judge Richard Sankovitz and which requested a court order that the proposed ordinance be referred to a binding referendum, and

            WHEREAS, Judge Sankovitz dismissed the action because Citizen’s Action and Verhalen failed to file a Notice of Claim, and

            WHEREAS, the Wisconsin Court of Appeals reversed the decision of Judge Sankovitz, and the City filed a petition for review which was denied by the Wisconsin Supreme Court, and

            WHEREAS, the case is now pending before Judge Sankovitz, and

            WHEREAS, the parties wish to resolve the dispute, and

            WHEREAS, Citizen’s Action and Verhalen have agreed to dismiss the lawsuit in the event that the Common Council adopts a modified version of the ordinance proposed under the direct legislation petition as provided for herein, and

            WHEREAS, the parties intend that this ordinance is an ordinance under a direct legislation petition pursuant to Wisconsin Statute Section 9.20, and

            WHEREAS, a public hearing was held before the Common Council on December 18, 2007.

            NOW THEREFORE, the Common Council of the City of Oak Creek does hereby ordain as follows:

SECTION 1:    Section 2.24(f) of the Oak Creek Municipal Code is hereby created to read as follows:

SECTION 2.24 GENERAL POWERS OF THE COMMON COUNCIL.

(f) Capital Projects

Prior to the commencement of any capital project to reconstruct, remodel or rebuild City Hall, Fire Station Number 1 or the City Library or to construct an addition to City Hall, Fire Station Number 1 or the City Library requiring a city capital expenditure of $2.5 million or more, the Common Council shall submit to the electorate a binding referendum for approval of the project.  Failure of the binding referendum shall preclude the city from proceeding with the project.  The wording of any referendum shall provide the specific purpose, location and cost of the project.  Nothing herein shall be construed to preclude the city from planning or designing such a capital project.

SECTION 2:    All ordinances or parts of ordinances contravening the provisions of this ordinance are hereby repealed.

SECTION 3:    This ordinance shall take force and be in effect from and after its passage and publication.

Introduced this 18^th day of December, 2007.

Passed and adopted this ______ day of __________________, 2007.

                                                                                    ____________________________________

                                                                                    President, Common Council

Approved this ______ day of __________________, 2007.

                                                                                    ____________________________________
ATTEST:                                                                     Mayor

__________________________________                VOTE:             Ayes_____      Noes______
City Clerk