CHAPTER I
VILLAGE BY-LAWS

I TITLE

II NAME

III VILLAGE GOVERNMENT

1.01 VILLAGE BOARD
1.02 BY-LAWS, STANDING RULES AND REGULATIONS OF VILLAGE BOARD
1.03 VILLAGE BOARD COMMITTEES
1.04 POWERS OF VILLAGE BOARD
1.05 ELECTIONS, TIME AND NOTICE
1.06 PLACE, OPENING AND CLOSING OF POLLS
1.07 ELECTION OF TRUSTEES: TERMS
1.08 NOTIFICATION OF OFFICERS-ELECT: OATH OF OFFICE
1.09 OFFICIAL BONDS: OFFICERS NOT TO BE SURETIES
1.10 TERMS OF OFFICE: TEMPORARY VACANCIES
1.11 DUTIES OF THE VILLAGE PRESIDENT
1.12 DUTIES OF THE VILLAGE CLERK
1.121 DUTIES OF THE DEPUTY CLERK
1.125 DUTIES OF TREASURER
1.126 DUTIES OF DEPUTY TREASURER
1.13 DUTIES OF THE ASSESSOR
1.14 SALARIES
1.15 TRUSTEES NOT TO BE INTERESTED IN CONTRACTS
1.16 BOARD OF REVIEW
1.17 WEED COMMISSIONER
1.18 STREET COMMISSIONER
1.19 VILLAGE PERSONNEL
1.20 DESTRUCTION OF PUBLIC RECORDS

1.21 LEGAL CUSTODIANS OF RECORDS
1.40 MUNICIPAL COURT


CHAPTER I
VILLAGE BY-LAWS
ARTICLE 1
TITLE

T
his Chapter shall be known as the "By-laws of the Village of Big Bend", and shall regulate the government of the Village.
ARTICLE II
NAME
The name of this Municipal Corporation shall be the "Village of Big Bend" and shall hereinafter be referred to as the "Village."
ARTICLE III
VILLAGE GOVERMENT

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1.01 VILLAGE BOARD. The President and Trustees of the Village shall constitute a board designated   the "Village Board of Big Bend," in which shall be vested the powers of the Village not specifically given some other officer. Four Trustees shall constitute a quorum, but less number may adjourn from time to time. The President shall preside at all meetings when present. Regular meetings shall be held at such times as may be prescribed by their by-laws. Special meetings may be called by any two Trustees in writing, filed with the Clerk, who shall thereupon reasonably notify all Trustees of the time and place thereof in the manner directed by the by-laws. All meetings shall be open to the public. The Board shall keep a record of all its proceedings, shall have power to preserve order at its meetings, compel attendance of Trustees and punish non-attendance, and it shall be judge of the election and qualification of its members.
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1.02 BY-LAWS, STANDING RULES AND REGULATIONS OF VILLAGE BOARD

       1. Meeting of the Village Board

           a.   Regular Meetings.  Regular meetings of the Village Board of Big Bend shall be held on the

                 first Thursday of each month at 7:00 p.m. at the Big Bend Village Hall or at such other public

                 place and time as may be designated by the Village Board. (Ord.91- 5) Revised 12/24/91

           b.   Special Meetings.  Special meetings of the Village Board may be called by any two

                 Trustees by filing with the Clerk, in writing, a request for such special meeting, stating therein

                 the purpose of necessity therefore, whereupon the Clerk shall notify the President and all

                 Trustees of such special meeting and the purpose for which held (Sec. 61.32 WI. Stats.)

                 (Ordinance 93-4).

           c.   Notice.  Special meetings may be held without notice as specified in subsection (b) hereof

                  when all members of the Village Board are present in person and answer the roll call,

                  provided the public notice requirements of Sec. 19.84, WI. Stats. are met.

        2. Order of Business. The business of the Village Board of Big Bend shall be conducted in the

             following manner:

            a.  Call to order/Pledge to flag/Roll call

            b.  Reading the minutes of the preceding meeting(s) and approving the same if correct and

                 rectifying mistakes if any exist.

            c.  Presidents Report

            d.  Citizens Comments

            e.  Unfinished Business from previous meetings (old business)

            f.  New Business, including the introduction of ordinances and resolutions.

            g. Department Reports/Reports of Village Officers.

            h.  Reports of all Standing Committees and Commissions.

             i.  Reports of all Special Committees and Commissions.


              j.  Attorneys Reports.

             k.  Any other topics and miscellaneous business relating to discussion and action taken at

                   previous meetings future agenda items and upcoming scheduled meetings.

              l.   Correspondence.

             m.  Adjournment.

(Revised 2/28/95 second revision 2/2/06, Ord. 05-18)

        3. By-Laws, Standing Rules and Regulations. The business of the Village Board of Big Bend shall

            be subject to the following rules and regulations:

            a. The President shall preside at all meetings of the Village Board and shall call the Board to

                 order at the hour to which it stands adjourned; and, if a quorum be present, he shall direct

                 the minutes of the preceding meeting to be read and acted on. In his absence he may appoint

                 anyone of the members of the Board to serve as acting President or, in lieu thereof, the Board

                 shall elect one of its own number to preside.

             b. Four Trustees shall constitute a quorum of the Board, but a less number may adjourn from

                 time to time.

            c.  The President shall appoint all standing and special committees of the Board subject to the

                 approval of the Board.

            d.  Every paper or writing and every manner of proceedings that shall come before the Board for

                 action may be referred by the President, without motion, to the appropriate committee, unless

                 objected to by some member.

            e.  No subject shall be open to debate unless presented in the form of a motion and seconded

                 and stated by the member making the same, or by the President, or read by the Clerk.

             f.  All proposed by-laws and ordinances shall be submitted in writing; the voting on spending

                 Village funds, creating of any liability or charge against the Village, assessing or levying of

                 taxes, or on the adopting of any ordinance, resolution or by-laws, shall be by roll call vote, and

                 a record of the "ayes" and "noes" shall be entered at length upon the journal. Voting on all

                 other matters shall be done by acclamation, but on all questions it shall be in order to call for a

                 division, of the "ayes" and "noes", if made previously to the decision of the President. Every

                 member, when a question is put, shall vote, unless the Board shall, for special cause, excuse

                 the member. It shall be in order for any member, if in the majority, to move for the

                 reconsideration of any vote in question at the same meeting or at the next succeeding regular

                 or adjourned meeting. A motion to reconsider having been put and lost shall not be renewed.

           g.  No by-laws shall be rescinded or amended unless the proposed amendment or motion to

                rescind be laid over from a regular meeting, and then it shall require a two-thirds vote of all the

                Board elected, and then no rule or by-law shall be suspended except by a two-thirds vote of all

                the Board and then only for a single meeting.

           h.  Whenever any disturbance or disorderly conduct shall occur at any meeting of the Village

                Board, the President or presiding officer shall have the power to cause the room to be cleared

                of all persons guilty of disorderly conduct.

            i.  The President shall be authorized to issue process to enforce the attendance of any absent

                member of the Board when requested by three or more of the members present.

            j.   The deliberation of the Board, while in session, shall be governed by the manual of

                 parliamentary practice commonly known as "Robert's Rules of Order," except when otherwise                  limited or modified by this Chapter.
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1.03 Village Board Committees and Commissions

        1. Appointments. All appointments to the Village Board committees and commissions shall be

             made by the Village President subject to the approval of the Village Board and by the same

             procedure the membership of such committees and commissions may be changed from time to

             time, but unless so changed all such appointments shall terminate on the date of the first Village

             Board meeting following the annual election.

        2. Elective officers and Appointments. At the first meeting after the annual election, the Village

            President shall appoint the following: Assessor, Finance Personnel Committee, Public Safety

            Commission, Public Works Commission, Library Board, and any other office, committee, or

            commission as deemed necessary with the approval of the Village Board. The Village President

            shall also appoint required members of the Plan Commission, Board of Appeals, Board of

            Review, Police Commission and Fire Commission and Fire Board subject to the approval of the

            Village Board.

        3. Standing Committee and Commission. There shall be one standing committee of the Village

            Board, the Finance and Personnel Committee, and two commissions, the Public Safety

            Commission and Public Works Commission. The committee and commissions shall have

            general responsibility of, and to which there shall be referred, questions pertaining to the subject

            matter which the committee has responsibility of according to the committee or commission

            classification:

            a. Finance and Personnel Committee:

                 1. Composition. The Finance and Personnel Committee shall consist of three Trustees, one of

                      which who may be the Village President, and all shall be voting members. The committee

                     members shall elect a chairperson.

                 2. Responsibilities.   The Committee shall make recommendations to the Village Board for its

                     approval concerning the management and oversight of Village finance and personnel

                     matters and which shall include the following:

                      a. Audit claims against the Village and against others.

                      b. Provide the number, title and compensation range of each officer at each position in the

                          Village service and the proposed appropriation of the same for the ensuing year.

                      c. Provide a recommended compensation schedule of uniform rates of pay for offices in the

                          Village and other positions.

                      d. Recommend Village insurance policies.

                      e. Review and recommend schedule of costs for fees and permits.

                       f. Purchase or sale of Village property (financial aspect).

                      g. Approve all transfer of funds within a fiscal budget for major outlays.

                      h. Review and make recommendations concerning Village personnel matters.

                       i. Meet with each Village department and provide a proposed budget for the next fiscal

                          year to the Village Board by October 31st of each year.

                       j. Consider any request by the Village Board.

             b.   Public Safety Commission.

                   1. Composition. The Public Safety Commission shall consist of two Trustees, one of which

                        who may be the Village President, and three Village residents, and all shall be voting

                        members. The Commission members shall elect a chairperson. The Police and Fire

                        Chiefs, Court Clerk and Superintendent of Public Works shall serve as non-voting

                        members.

                   2. Responsibilities. The Commission shall work with the Police and Fire Departments,

                       Municipal Court, and Public Works Department to develop and forward to the Village

                       Board recommendations to ensure the health, safety and welfare of the Village of Big

                       Bend and its residents said responsibilities which shall include the following:

                       a. Recommend installation of pedestrian and vehicle traffic lanes, walk lights, stop signs,

                           street lighting, warning signals and signs.

                       b. Proper lighting of public buildings and grounds.

                       c. All safety matters pertaining to streets such as parking loading, and unloading zones,

                           site clearance, etc.

                      d. School guard programs (crossing guards)

                      e. Speed limitations on local streets and highways. Work in conjunction with Emergency

                          Government. Provide for adequate safety and protection of persons and property within

                           the Village.

                       f. Preparation of all Village ordinances.

                       g. Review Village ordinances, codes, license applications, etc. and recommend the same

                            to the Village Board.

                       h. Study all referrals to the Committee for amendments and revisions of existing

                            ordinances, building, electrical, plumbing, heating and zoning codes.

                       i.  The Public Safety Commission shall, with the assistance of the Village Attorney,

                            consider and prepare all matters referred to them for the creation of ordinances, and the

                            amendment and revision of existing ordinances. This shall apply to licenses, permits,

                            etc. Various committees and commission may prepare ordinances, which shall be

                            submitted to Public Safety Commission and Village Attorney for review and

                            presentation to the Village Board.

                        j. Review any request from the Police Commission and Fire Commission.

                       k. Consider any request by the Village Board (revised 11/15/01)

             c.    Public Works Commission

                   1. Composition. The Public Works Commission shall consist of two Trustees, one of which

                       who may be the Village President, and three Village residents, and all shall be voting

                       members. The Commission members shall elect a chairperson. The Superintendent of

                       Public works and Village Engineer shall serve as non-voting members.

                   2. Responsibilities. The Commission shall make recommendations to the Village Board

                       concerning roadways and street, municipal buildings, grounds and parks, health and

                       sanitation, garbage collection, sidewalks and construction repair and maintenance, said

                       responsibilities which shall include the following:

                       a. Recommend construction, repair and maintenance of roadways, streets and sidewalks,

                           including widening of streets, resurfacing and paving of streets, extension and vacating

                           of streets.

                       b. Recommendations for curb and gutter, driveways, etc.

                       c. Recommend construction and repair and maintenance of public parks and buildings.

                       d. Recommend the purchase and sale of public property.

                       e. Recommend planting strips, fences and walls separating Village owned property from

                           private property.

                       f. Creek enclosures, widening of creeks, relocation of drainage ditches.

                       g. Installation and assessment of storm sewers.

                       h. Pollution of rivers, streams and ditches.

                       i. Request or denial of utility services.

                       j. Complaints of smoke, odors, noise, etc.

                      k. General sanitation control and inspection.

                       l. Sanitary code.


                     m. Village dumping operations.

                      n. Storm water management.

                      o. Maintenance of Village right-of-way.

                      p. Removal and disposal of noxious weeds.

                      q. Managing yard waste and recycling program within the Village.

                       r. Placement of street signs and traffic signal. Consider any requests by the Village Board.

                       Revised (5-6-99)
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1.04 POWERS OF THE VILLAGE BOARD.

         1. General Grant. Except as otherwise provided by law, the Village Board shall have the

              management and control of the Village property, finances, highways, streets, navigable waters,

              and the public service, and shall have power to act for the government, carry its powers into

              effect by license, regulation, suppression, borrowing, taxation, special assessment,

              appropriation, forfeiture, imprisonment, and other necessary or convenient means. The powers

              hereby conferred shall be in addition to all grants and shall be limited only by express language.

         2. Co-operation with Other Municipalities. The Village Board, on behalf of the Village, may join with

             other villages or cities in a co-operative arrangement for executing any power or duty in order to

             attain greater economy or efficiency, including joint employment or appointive officers and

             employees.

         3. Acquisition and Disposal of Property. The Village Board may acquire property, real or personal,

             within or without the Village, for parks, libraries, historic places, recreation, beautification,

             streets, waterworks, sewage or waste disposal, harbors, improvement of watercourses, public

            grounds, vehicle parking areas, and for any other public purpose; may improve and beautify the

            same; may construct, own, lease and maintain buildings on such property for instruction,

            recreation, amusement and other public purposes; and may sell and convey such property.

            Condemnation shall be as provided by Chapter 32, WI Stat. (WI Stat., Sec. 61.34) .

         4. Acquisition of Easements and Property Rights. The Village Board is expressly authorized to

             acquire by gift, purchase or condemnation under ch. 32 any and all property rights in lands or

             waters, including rights of access and use, negative or positive easements, restrictive

             covenants, covenants running with the land, scenic easements and any rights for use of property

             of any nature whatsoever, however denominated, which may be lawfully acquired for the benefit

             of the public or for any public purpose, including the exercise of powers granted under sec.

             61.35 and 62.23 WI Stat; and may sell and convey such easements or property

             rights when no longer needed for public use or protection. (Wisconsin Statutes, Sec. 61.39).

          5. Village Finances. The Village Board may levy and provide for the collection of taxes and special

              assessments; may refund any tax or special assessment paid, or any part thereof, when

              satisfied, that the same was unjust or illegal; and generally may manage the Village finances.

              The Village Board may loan money to any school district located within the Village in such sums

               as are needed by such district to meet the immediate expenses of operating the school thereof,

               and the board of the district may borrow money from such Village accordingly and give its note

               therefore. No such loan shall be made to extend beyond the thirtieth day of August next

               following the making thereof or in an amount exceeding one-half of the estimated receipts for

               such district as certified by the State Superintendent of Schools and the local School Clerk. The

               rate of interest on any such loan shall be determined by the Village Board.

          6. The Village Board may regulate the mode of and establish rules for its proceedings.

          7. The Village Board may limit and define the duties and powers of officers and agents of the

               Village, fix their compensation, which in the case of the Clerk and Treasurer, shall include his or

               her services in the collection of taxes, may fill vacancies when no other provision is made by

               law; may call special elections and approve its personnel of the Election Board.

          8. The Village Board may procure the books and records required herein to be kept by Village

               Officers and such other furniture, property, stationery and printing as shall be necessary for

               Village purposes.

           9. The Village Board may provide for the prosecution and defense of all actions or proceedings in

                which the Village is interested and employ counsel therefore.

         10. The Village Board may appoint a Village Attorney, Poundmaster, a Marshall and one or more

                Street Commissioners, whenever they deem necessary.

         11. The Village Board may re-number lots and blocks of the Village or any part thereof, and cause

                a revised and consolidated plat of the same to be recorded in the office of the Register of

                Deeds. In the discretion of the Trustees, the Board may compel the owners and occupants of

                all houses, stores and other buildings within the Village to number the same in such manner as

                the Village Board of Trustees may from time to time prescribe.

          12. The Village Board may cause to make a plat and accompanying list of all lands within said

                 Village which are not embraced in any of the recorded plats of land therein. The plat shall

                 plainly define the boundary of the designated each parcel of land thereon as a lot with a

                 number, and the accompanying list to enable a surveyor to locate the same; both such plat and

                 list to be approved by the Village Board, acknowledged by the Village Clerk and President

                 and recorded in the office of the Register of Deeds of Waukesha County. Said plat shall be

                 called "Assessors Plat." For the purpose of assessment, taxation and conveyance, it shall be

                 deemed a sufficient description of any land described in said plat to designate the same as

                 "Out Lot" with its number as it appears on said plat, and any such description of conveyance

                 shall be as effective to pass the title to the land therein described as it would if the same

                 premises had been described by metes and bounds. Said plat or record thereof shall be

                 received in evidence in all Courts and places as correctly describing the several pieces of

                 land therein designated. Amendment may be made to the plat at any time by the Village

                 Board by recording with the Register of Deeds a plat and accompanying list of such               

                 amendment, authenticated in the same manner as the original plat and list. The major portion

                 of any lot which is altered by an amendment shall retain the original number given to such out

                 lot, and a new number shall be given to the tract that may be detached. It shall not be

                 necessary to refer to any amendment of the plat, but all assessments or instruments wherein

                 any tract of land is described as being in the Assessors Plat shall be construed to mean the

                 Assessors Plat of Lands with its amendments as it stood at the date of making such

                 assessment or instrument.

         13. The Village Board may establish a Fire Department, appoint the officers and members thereof,

                or may authorize the establishment of a Volunteer Fire Department, whose election of member

                and officers shall be submitted to the Village Board for it confirmation, and may prescribe and

                regulate their duties; may provide protection from fire by the purchase of fire engine and all the

                necessary apparatus for the extinguishing of fire; may erect engine houses, may compel the

                inhabitant of the Village to aid in the extinguishing of fire, and may pull down and raze such

                building in the vicinity of the fire as shall be directed by them or any two of them who may be at

                the fire for the purpose of preventing its communication to other buildings; may establish fire

                limits or the limits within which wooden or other combustible buildings shall not be erected:

                may regulate the storage of gunpowder and other dangerous materials: may require the

               construction of safe places for the deposit of ashes; may regulate the manner of putting up

                stove pipes and the construction and cleaning of chimneys: may regulate the use of fireworks

                and firearms may enter and examine all dwelling houses, lots, yard, enclosures and building of

                every description in order to discover whether any of them are in dangerous condition: and

                may cause such as may be dangerous to be put in safe condition; and generally may establish

                such necessary measurers for the prevention or extinguishments of fires as may be necessary

                and proper.

          14. The Village Board may lay out, open, change, widen or extend roads, streets, lanes, alleys,

                 sewers, parks, squares or public grounds, and may grade improve, repair or discontinue the

                 same or any part thereof.

          15. The Village Board may restrain the running at large of cattle, horses, mules, sheep, swine,

                 goats, dogs, poultry and other animals and may authorize the restraining, impounding and sale

                 of same.

          16. The Village Board may establish and regulate markets and restrain sales in the streets.

          17. The Village Board may prevent or license and regulate the exhibitions of carnivals, circuses,

                 theatrical performances or shows of any kind.

          18. The Village Board may prohibit and suppress all kinds of gambling and all fraudulent devices

                 used for the purposes of gaming; may prevent and suppress fights, riots, noises,

                 disturbances, disorderly conduct, disorderly assemblages, disorderly houses, houses of ill

                 fame, immoderate drunkenness, drinking, vagrancy, obscenity, lewdness and prostitution

                 within the limits of the Village; may regulate places of bathing and swimming or prohibit and

                 prevent such bathing and swimming within the Village.

          19. The Village Board may ordain and establish all such ordinances and by-laws for government of

                 the Village, and suppression of vice and immorality, the prevention of crime, the protection of

                 public and private property, the benefit of trade and commerce and promotion of health, not

                 inconsistent with the Constitution and laws of the United States or of this State, as they shall

                 deem expedient; and may determine and establish by ordinance the mode of procedure and

                 what it shall be sufficient to allege and prove in order to make out a prima facie case of                              violation of any ordinance.
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1.05 VILLAGE ELECTIONS, TIME AND NOTICE. The annual election of the Village of Big Bend shall be held on the first Tuesday of April in each year. Notice thereof shall be given by the Clerk by publication in the official Village newspaper, or in lieu thereof, by posting in three places, as provided by law; however omission of such notice shall not invalidate such election. Special elections may be held when ordered by the Village Board. Notice thereof shall be given as provide by law. (WI Stat, Secs.

10.06(3), 10.05, 8.06).
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1.06 PLACE, OPENING AND CLOSING OF POLLS. Every Village election shall be held at the Village Hall or at any other place or places designated by the Village Board. The opening and closing of the polls shall be governed by the provisions of section 6.78, WI Stat, and conduct of every Village election shall be in conformity with the provisions of state law.
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1.07 ELECTION OF TRUSTEES: TERMS. The Village of Big Bend shall have six (6) trustees whose term of office shall be two years, three of who shall be elected each year. (WI Stat, section 61.20 (1).
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1.08 NOTIFICATION OF OFFICERS-ELECT: OATH OF OFFICE. Within five days after the election or appointment of any Village Officer the Village Clerk shall notify the person so selected thereof, and every person elected or appointed to any office named in section 61.19, WI Stat, shall within five (5) days after notice of election or appointment take and file the official oath. (WI stat Sec. 61.21).
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1.09 OFFICIAL BONDS: OFFICERS NOT TO BE SURETIES. Every bond required of the Village Officer shall be executed with sufficient sureties in a sum fixed by the Village Board when not otherwise prescribed and be approved by the Village President. Whenever the Village Board shall deem any bond insufficient they may require an additional bond to be executed and filed in a sum and within a time not less than ten days, to be fixed by them. No Village Officer shall be accepted as a surety on any bond, note or other obligation to the Village. (WI. Stats, Sec 61.22)
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1.10 TERMS OF OFFICE; TEMPORARY VACANCIES. Except as otherwise provided by law, the term of office of all Village Officers shall be two (2) years. Persons serving in appointive offices shall serve until their respective successors are appointed and qualify. If any officer is absent or temporarily incapacitated for any cause, the Village Board may appoint some person to discharge the officer's duties until the officer returns or until such disability is removed. (WI Stat, Sec. 61.23).
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1.11 DUTIES OF THE VILLAGE PRESIDENT. The Village President shall be, by virtue of the office, a Trustee and preside at all meetings of the Village Board and have a vote as Trustee, sign all ordinance, rules, by-laws, regulations, commissions, licenses and permits adopted or authorized by the Village Board and all orders drawn on the treasury, except as provided by Sec. 66.042, WI Stat. The Village President shall maintain peace and good order, see that the ordinances are obeyed, and in case of disturbance, riot or other apparent necessity, appoint as many special marshals as the Village President shall deem necessary, who for the time being, shall possess all the power and rights of constables. (WI Stat, Sec. 61.24). The Village President shall appoint the several standing and special committees of the Village Board, subject to the approval of the Village Board. The Village President shall appoint such other officers and committees as may be prescribed in the Village Code, subject to the approval of the Village Board. In case of vacancy in any office, the Village President shall appoint a person to fill the unexpired term subject to the approval of the Village Boards. The Village President shall countersign all papers, conveyances, obligations issued by the Village Board and all documents pertaining to the Village Government in which the Village is a party at interest, and shall represent the Village in all actions, proceedings and matters, together with the Village Clerk, in which the Village is interested or involved. (Ord 96-3)


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1.12 CLERK, DUTIES. The Village of Big Bend hereby elects to amend it’s Charter by separation of the office of Village Clerk/Treasurer and creating the offices of Village Clerk and Village Treasurer.

         1. There is hereby created the office of Village Clerk. The person so selected to perform the duties

             of the office of Village clerk of said Village shall be appointed by a majority vote of the Village

             Board of the Village of Big Bend, Waukesha County, Wisconsin. The Village Clerk shall hold

             office for an indefinite term and shall be subject to removal as provided by law for officers

             appointed by the Village Board.

         2. Be it further ordained that annual audits shall be made of the records of such Village Clerk by a

             Certified Public accountant licensed under Chapter 442, Wisconsin Statutes designated by the

             Village Board.

        3. The Village Board shall determine from time to time as it may deem necessary by a majority

             vote, whether the office of Village Clerk shall be a full time or a part time position and shall

             likewise determine the compensation to be paid therefore.

        4. The Village Clerk shall execute and file an official bond.

        5. It shall be the Clerk's duty:

            a. To perform any duties prescribed by law relative to elections, to keep subject to inspection all

                 election returns required to be filed in the Clerk's office, and to notify persons elected or

                 appointed to the Village offices.

            b. To transmit to the County Clerk, within ten days after election or appointment and qualification,

                 a certified statement of the name and term for which elected or appointed, of the President,

                 Clerk, Treasurer-Deputy Clerk and Assessor; and to the Clerk of the Circuit Court immediately

                 after the election or appointment and qualification a like statement of the time and term of

                 which elected or appointment of the Municipal Judge and Chief of Police of the Village.

           c . To attend all meetings of the Village Board; to record and sign the proceedings thereof and all

                ordinances, rules, by-laws, resolutions and regulations adopted, and to countersign and keep a

                record of all licenses, commissions and permits granted or authorized by them, for such

                 purposes to keep the following books: a minute book, in which shall be recorded in

                chronological order full minutes of all elections, general or special, and statements of the

                inspectors thereof; full minutes of all proceedings of the Board of Trustees; the titles of all

                ordinances, rules, regulations and by-laws, with reference to the book and page where the

                same may be found; and ordinance book, in which shall be recorded at length in chronological

                order, all ordinances, rules, regulations and by-laws; a finance book, in which shall be kept a

                full and complete record of the finances of the Village, showing receipts, the date, amount and

               sources thereof and the disbursements, with date, amount and object for which paid out; and   

               the enter in either such other matters as the board shall prescribe, and such other books as the

               board directs.

           d. To countersign and cause to be published or posted every ordinance, by-law, or resolution as

                required by law, and to have proper proof thereof made and filed.

           e. To be the custodian of the corporate seal, and to file, as required by law, and to safely keep all

                records, books, papers or property belonging to filed or deposited in the Clerk's office, and

                deliver the same to the Clerk's successor when qualified; to permit any person with proper

                care to examine and copy any of the same, and to make and certify a copy of any thereof when

                required, on payment of the same fees allowed Town Clerks therefore.

           f.   To stamp or endorse street trade permits at the request of an employer under sec. 103.25(3m)

                (b), WI. Stats.

            g. To draw and countersign all orders on the Village treasury ordered by the board and none

                 other.

            h. To make a tax roll and to make and transmit to the County Clerk a statement showing the

                 assessed valuation of all the property in the Village and separately the amount of all taxes

                 levied therein, including highway and street taxes, for the current year, and the purposes for

                which they were levied.

          i.   To be a member of and the Clerk for the Village Board of Review and such other boards and

                commissions as the Village Board may, by ordinance, designate from time to time.

      
           j.   To notify the Treasurer of the County in which the Village is located by February 20, of the

                proportion of property tax revenue of the credits under sec. 79.10 that is to be disbursed by the

                taxation district Treasurer to each taxing jurisdiction located in the Village.

            k. Perform other duties as are required by law or by ordinance or other direction of the Village

                Board. (WI Stats, Sec. 61.25) (Ord 2000-13)
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1.121 DEPUTY CLERK DUITES. The Village Treasurer shall be a Deputy Clerk. The Village Clerk may appoint additional Deputy Clerks as authorized from time to time by the Village Board, subject to approval by the Village Board, who shall take and file the Oath of Office, and in case of absence, sickness or other disability of the Clerk or at the direction of the Clerk may perform the Clerk's duties. Such Deputy Clerks shall receive such compensation as the Village Board shall determine. (Ord 2000-13)
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1.125 TREASURER, DUTIES.

         1. There is hereby created the office of Village Treasurer. The person so selected to perform the

             duties of the office of Village Treasurer of said Village shall be appointed by a majority vote of

             the Village Board of the Village of Big Bend Waukesha County Wisconsin. The Village

            Treasurer shall hold office for an indefinite term and shall be subject to removal as provided by

             law for officers appointed by the Village Board.

         2. The Village Board shall determine from time to time as it may deem necessary, by a majority

              vote, whether the office of Village Treasurer shall be a full time or a part time position and shall

              likewise determine the compensation to be paid therefore.

          3. It shall be the Treasurer's duty:

              a.   To execute and file an official bond which may be furnished by a surety company as

                     provided by sec. 632.17(2) ,WI. Stats.

               b.   To receive all monies belonging or accruing to the Village or directed by law to be paid to 

                     the Treasurer.

               c.   To deposit upon receipt the funds of the Village in the name of the Village in the public

                     depository designated by the Board. When the money is deposited, the interest shall be

                     paid into the Village treasury.

               d.   To pay money only on the written order of the President, countersigned by the Clerk and

                     specifying the number thereof, the payee and amount and the object of which drawn.

               e.   To keep just and accurate detailed accounts of all transactions under sub (d) showing when,

                      to whom and for what purpose all payments are made, in books provided by the Village

                      Board, and preserve all vouchers filed in the office.

               f.    To render an account and settlement of all official transaction to the Village Board at its last

                     meeting prior to the annual election, and at all other times when required by the Village

                     Board.

               g.   To deliver to the successor when qualified all books of account, papers and property of the

                     office and all money on hand as Treasurer.

                h.  To keep but one fund in the treasury, except as otherwise provided.

                i.   To execute the bond required by sec. 70.67, WI Stats, and take receipt therefore,

                     which he or she shall file in the Clerk's office

                j .   On receipt of the tax roll, and while acting as collector of taxes, exercise the same powers

                      and perform the same duties as are by law conferred upon and required of Town

                      Treasurers while acting in that capacity, and be subject to the same penalties and

                       liabilities.

                k.  To perform those duties conferred upon Town Treasurers in s. 60.34(5) WI Stats.

                     The Village Board may specify additional dates on which the Village Treasurer shall pay to

                     the appropriate School District Treasurer and Vocational, Technical and Adult Education

                     District Treasurer the proportion of the district's levy that the general property taxes

                     collected in the Village, except collections for state trust fund loans, state tax, state special

                     charges and school district levies offset by school aid credits paid under )Wisconsin

                     Statutes, up to the last day of the preceding month bears to the general property tax levy in

                     the Village for all purposes except levies for state trust fund loans, state tax, state special

                     charges and school district levies offset by school aid credits paid under 79.10(3)

                     WI Stats. The Village Treasurer may make the payments required under this

                     subsection without authorization by the Village Board.

                l.   To perform other duties as required by law or by ordinance, or other direction of the Village

                     Board. (WI Stats, sec. 61.26)

            4. The Village Treasurer shall be a Deputy Clerk who shall perform such duties as directed by the
                 Village Board. (Ord 2000-13)
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1.126 Deputy Treasurer Duties. The Village Treasurer may appoint one or more Deputy Treasurers as authorized from time to time by the Village Board, subject to approval by the Village Board, who shall take and file the Oath of Office, and in case of absence, sickness or other disability of the Treasurer or at the direction of the Treasurer may perform the Treasurer's duties. Such Deputy Treasurer shall receive such compensation as the Village Board shall determine. (Ord. 2000-13)
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1.13 Assessor Duties.

           1. The Assessor shall be appointed by the President as provided in Sec 1.03(2) of this Municipal

                code, subject to confirmation by two-thirds vote of all members of the Village Board and the

                Assessor shall hold office for an indefinite term subject to termination at any time as provided

                in sec 17.13 of the WI Stats.

            2. The Assessor shall take and file the Official Statutes, to make an assessment of all of the

                 property in the Village liable to taxation, as prescribed by law. The assessor shall return the

                 assessment roll to the Village Clerk at the same time and in the same manner in which town

                assessor are required to do so. The Assessors compensation shall be fixed by the Village

                Board. No person may assume the office of Assessor unless certified by the Department of

                Revenue under sec. 73.09, WI Stats, as qualified to perform the functions of the office of

                Assessor, (WI Stats. Sec 61.27)

           3. Whenever the Assessor, in the performance of the Assessors duties, request or obtains

                income and expense information pursuant to Sec 70.47(7)(af), WI Stats, or any information that

                is provided to the Assessor shall be held by the Assessor on a confidential basis, except,

                however, the information may be revealed to and used by persons in the discharging of duties

                imposed by law; in the discharge of duties imposed by office (including, but not limited to, use

                by the Assessor's office and use by the Board of Review in performance of its official duties);

                or pursuant to order of a court. Income and expense information provided to the Assessor

                under Sec 70.45(7)(af), not subject to the right of inspection and copying under 19.35(1) WI                     Stats. (2000-03)
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1.14 SALARIES OF VILLAGE BOARD MEMBERS. The Village President and of Trustees of the Village of Big Bend may by a three-fourths vote of all the members of the Village Board determine that an annual salary be paid the President and Trustees. Salaries heretofore established shall remain until changed by ordinance and shall not be increased or diminished during their terms of office. (WI Stats., Sec. 61.32)

            1. The following elected officers shall be paid the salaries for their terms of office as hereinafter

                 provided in full compensation for their services as such officers.

                a. Trustees. Commencing the third Tuesday in April, 2003, the Trustees elected the first

                    Tuesday in April, 2003 and commencing the third Tuesday in April, 2004, the salary for

                    Trustees shall be a base salary of $2,160 per year plus additional salary of $10.00 for

                    attendance at each meeting of the Village Board standing committee or special committee

                    created by the Village Board of which the Trustee is member. Notwithstanding the above,

                   the Village Trustee’s salary for any year shall not exceed $2,700 per year.

                b. Village President. Commencing the third Tuesday in April, 2003, the salary for the

                    Village President shall be a base salary of $3,600 per year plus additional salary of $10.00

                    for attendance at each meeting of a Village Board standing committee or special committee                    created by the Village Board. (Ord. 01-03) (Ord. 2002-11)
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1.15. Trustee Not To Be Interested In Contracts. No Trustee shall in any manner, directly or indirectly, be interested in any contract with or work or labor done for or material furnished to the Village or to any one on it’s behalf. In case of a violation of this section, such Trustee or Officer shall forfeit not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00). But the provisions of this section shall not apply to the publication of legal notices required to be published by the Village, or by any Village Officer, at a rate not higher than that prescribed by law, nor to any contract not exceeding five thousand dollars ($5,000.00) in any one year. (WI. Stats. Sec. 946.13)
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1.16. Board Of Review. The Board of Review shall consist of three citizen members appointed by the Village President and confirmed by the Village Board. The citizen members shall serve a term of one year commencing September 1st. The members of the Board of Review shall receive such compensation as determined by the Village Board. The Board of Review shall meet annually after the second Monday of May at the Village Hall or such other place designated by the Village Board. Meetings of the Board of Review shall be in conformity with Sec. 70.47 WI Stats.
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1.17 Weed Commissioner. The Weed Commissioner of the Village of Big Bend shall be appointed by the Village President, in accordance with the provisions of the WI Stats. Sec 66.97; and his duties, in addition to those prescribed in sec 66.98 and any amendment supplementary thereto, shall be to enforce the provisions for the removal of grass, weeds and brush upon all real estate and streets within the Village.
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1.18 Street Commissioner.

            1. There is created a position of Street Commissioner for the Village of Big Bend, appointed by

                 the Village President and approved by the Village Board. The Commissioner shall be charged

                 with ministerial and administrative functions to carry out the authority of the Village Board with

                 respect to all streets, alleys, highways, sidewalks, crosswalks, ditches, drains, storm sewers,

                 culverts, weed cutting, snow and ice removal, street lights, street numbering and street signs,

                 except as otherwise provided by law or the Big Bend ordinances.

            2. The Village Board shall refer to the Street Commissioner for its consideration and report the

                 following matters: the location plan and design of all ditches, culverts, sanitary sewers, drains,

                 water mains, street lights, street signs and street numbering; the plans for patching and paving

                 of streets, alleys and sidewalks; such other matters as the Village Board may refer to its                       attention from time to time.
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1.19 Village Personnel. The Village Board shall have the authority to establish salaries and benefits for Village employees by contract or in such manner as determined by the Village Board.
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1.20 Destruction Of Public Records.

            1. Purpose. Pursuant to Sec. 19.21, WI Stat, this ordinance authorizes the transfer or destruction

                of obsolete records.

            2. Definitions.

                a. Legal Custodian. The individual responsible for maintaining records pursuant Sec. 19.33,

                    WI Stats.

                b. Records. The meaning as defined in Sec. 19.l32(2), WI Stats.

            3. General Retention Period. Unless a different retention period is specifically adopted in the

                Records Retention Schedule or required by Wisconsin Statutes, all records shall be retained at

                least seven years before destruction.

            4. Records Retention Schedule. The schedule of retention periods differing from the period

                 prescribed in Subsection (3) above shall be listed in the Records Retention Schedule of the

                 Village of Big Bend, which is adopted by reference as though fully set forth in this chapter. The

                 official copy of the Records Retention Schedule shall be on file in the office of the Village

                 Clerk, who shall keep the same current at all times by such revision as is required by

                 additions, deletions, and amendments adopted by the Village Board by ordinance from time

                 to time.

             5. Notification of State Historical Society. At least 60 days prior to the destruction of any records

                 pursuant to this section, the legal custodian shall notify the State Historical Society of

                 Wisconsin in writing, unless the State Historical Society has waived notice for the type of

                 records to be destroyed as indicated in the Records Retention Schedule.

             6. Destruction Pending Litigation. Notwithstanding the above, no record subject to pending
                 litigation shall be destroyed until the litigation is resolved. (Ord. 06-01)
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1.21  Legal Custodians of Records.

             1. Each elected or appointed official is the legal custodian of his or her records and the records

                 of his or her office, but the official may designated the Village Clerk to act as the legal

                 custodian.

            2.  Unless provided in Subsection (3), the Village Clerk or the Village Clerk's designee shall act

                  as legal custodian for the Village and for any committees, commissions, boards, or other

                  authorities created by Ordinance or resolution of the Village Board.  The following offices or

                  authorities shall have as a legal custodian of records the individuals so named:

                             Authority                                                               Designated Legal Custodian

                  General Village Records                                     Village Clerk (including Board Records)

                  Department of Public Works                               Superintendent of Public Works

                  Police Department                                                Chief of Police

            3.  For every authority not specified in Subsections (1) and (2), the authority's chief administrative

                 officer is the legal custodian for the authority, but the officer may designate an employee of his

                 or her staff to act as the legal custodian.  

            4.  Each legal custodian shall name a person to act as legal custodian in his or her absence, or in

                 the absence of his or her designee, and each legal custodian shall send notice of the

                 designated deputy to the Village Clerk.

            5.  The Village Clerk shall establish criteria for establishing the records system and shall cause

                  the department/office records system to be reviewed on an annual basis. (Ord 2010-05;

                  5-6-10)

MUNICIPAL COURT

1.40 MUNICIPAL COURT

            1. Municipal Court Created. There is hereby created and established a Municipal Court under the

                provisions of Chapter 755 of the WI Stats to be designated as "Municipal Court for the Village

                of Big Bend". Said Court shall become operative and functional on January 1, 1997.

            2. Municipal Judge. Such court shall be under the jurisdiction of and presided over by a Municipal

                Judge, who resides in the Village of Big Bend. Such Municipal Judge shall be elected at large

                in the Spring Election for a term of four(4) years commencing on May 1. All candidates for

                the position of Municipal Judge shall be nominated by nomination papers as provided in Sec.

                8.11, WI. Stats. and selected at a primary election, if such is held,, as provided in Section

                8.11,  Wis. Stats.  The Village Board shall provide for a primary election in the event that more

                than two candidates file nomination papers for such position of Municipal Judge as provided in

                Sec. 8.11(1) (a) WI. Stats. and such primary election shall be on the third Tuesday of February

                as provided in Sec. 5.02(22) WI. Stats.

            3. Elections. The Village Clerk shall see to the compliance with Sec 5.58 (1) (c) I 5.60 (1) (b) I

               5.60 (2) I 7.10 (1)(a) I 7.60(4)(a) and 8.10(6)(a) I WI Stats. to provide for the election of a

               Municipal Judge under Sec 755.01(4) .

           4. Oath and Bond. The Judge shall, after election or appointment to fill a vacancy, take and follow

                the official oath as prescribed in Sec 757.02(1), WI. Stats. and at the same time execute and

                file an official bond in the amount of $5,000.00. The Judge shall not act until the oath and bond

                have been filed as required by Sec 19.01(4) (c), WI. Stats. and the requirements of Sec

                755.03(2) have been complied with.

            5  Salary.   The salary of the Municipal Judge shall be fixed by the Village Board which shall be in

                lieu of fees and costs.  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, WI Stats,

                and filed pursuant to Sec 19.01(4)(c), WI. Stats.

          6.  Jurisdiction. The Municipal Judge of the Municipal Court shall have such jurisdiction as

                provided in Sec 755.045 and 755.05 WI. Stats., and as otherwise provided by State law. The

                Municipal Court may exercise jurisdiction over incidents occurring on or after passage of the

                ordinance creating the Court. The Municipal Judge may issue civil warrants to enforce matters

                under the jurisdiction of the Municipal Court under Sec 755.045(2), 66.122, and 66.123, WI.

                Stats. The Municipal Court has jurisdiction over juvenile offenders upon enactment of an

                ordinance under the authority of Sec 938.17(2)(cm), WI Stats.

           7. Hours. The Municipal Court shall be open at such location and at such times as determined by

               the Municipal Judge.


           8. Forfeitures.  The Municipal Judge may impose punishment and sentences as provided by

               Chapter 800, WI. Stats. and as provided in the ordinance of the Village of Big Bend.  All

               forfeitures, fees, penalty assessments and costs shall be paid to the Treasurer within seven

               days after receipt of the money by the Municipal Court or other Court personnel.  At the time of

               the payments, the Municipal Judge shall report to the Clerk the title of action, the offense for

               which a forfeiture was imposed, and the total amount of forfeiture, fees, penalty assessment

               and costs, if any.

          9.  Contempt Procedure.

               a. The Municipal Judge may impose a sanction authorized under Sec. 800.12(2) for Contempt

                    of Court, as defined in Sec. 785.01(1), WI. Stats., in accordance with the procedures under

                    Sec. 785.03, WI. Stats.

               b. The Municipal Judge may impose a forfeiture for contempt under Sec 800.12(1) WI. Stats. in

                    an amount not to exceed fifty ($50) dollars or, upon nonpayment of the forfeiture and the

                    penalty assessment under Sec 165.87, WI Stats., a jail sentence not to exceed seven (7)

                    days.

         10. Stipulations and Deposits.

               a. Deposits for Ordinance Violations. The Municipal Judge shall establish and submit to the

                   Village Board for approval in accordance with Sec 800.03(3), WI. Stats., a schedule of

                   deposits for violations of the Village ordinances, resolutions and bylaws.

              b. Deposits for Traffic and Boating Violations. The deposit schedule established by the

                  Wisconsin Judicial Conference and the procedures set forth in Chapter 23 and 345, WI.

                   Stats., shall apply to stipulations and deposits for violation of traffic regulations enacted in

                   accordance with Sec 345.27 and boating regulations enacted in accordance with Sec

                   30.77, WI. Stat.

              c. Stipulations and Deposits in Lieu of Court Appearance.  Persons cited for violations of

                  Village ordinance, resolutions or bylaws or violations of traffic or boating regulations for

                  which a deposit has been established, shall be permitted to make a stipulations of no

                  contest and a deposit in lieu of Court appearance as provide in Sec 800.03, Sec 800.04

                  and Sec 800.09 WI Stats. (Ord. 96-7)

         11.  Jurisdiction Over Juvenile Offenders.

                a. Statutes Adopted. Sec 938.343, 938.344 and 938.355(6)(d), WI Stats., are adopted and

                    incorporated herein by reference just as though fully set forth herein.

               b. Disposition and Sanctions The Municipal Court is authorized to impose or petition the

                   Court assigned to exercise jurisdiction to impose any and all of the dispositions specified

                   under Sec 938.348 and 938.344, WI Stats. The Municipal Court is further authorized to

                   impose or petition the court assigned to exercise jurisdiction to impose all sanctions

                   specified under Sec 938.355(6)(d), WI Stats. (Ord.96)

         12.  Court Costs. In a Municipal Court action, except an action for violation of an ordinance in

                conformity with Sec 347.48(2)(m), the Municipal Judge shall collect a fee of twenty-three

                ($23.00) dollars on each separate matter, whether it is on default of appearance, a plea of

                 guilty or no contest, an issuance of warrant or summons or the action is tried as a contested

                 matter. (Ord.97-5).

         13.  Additional Court Costs. In a Municipal Court action, the Municipal Court shall impose as an

                additional cost on a party before a Municipal Court, fees and costs directly chargeable to

                the Village as a disbursement, such as service of process, hospital blood test and jail costs.

                (Ord.98-4)

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