203 Wis. 595 | Wis. | 1931
The first attack upon this ordinance is that under sec. 66.01, Stats., it is required to be designated a charter ordinance, and that it is not so designated. We are satisfied that there is no merit to this contention. The words “charter ordinance” appear as a heading to the ordinance above its title, and we see no reason to conclude that that is not a sufficient designation.
It is also objected that there is no allegation in the petition or in the answer to the effect that the ordinance was recorded in a permanent book kept for that purpose, or that a certified copy was filed with the secretary of state, as required by sec. 66.01 (3). We do not regard this as a fatal defect in the petition for the reason stated by the learned trial judge. The duties of recording and filing are purely ministerial duties resting upon the defendant city clerk, and would be com-pellable in this action.
The case then resolves itself into the question whether sec. 2 of the charter ordinance is invalid. The proceedings to abandon the commission form of city government are governed by sec. 63.13, Stats., which reads as follows:
“(1) Any city which shall have adopted the provisions of this chapter may abandon the same and reorganize under the provisions of chapter 62 or 64, or under a home-rule charter by proceeding in accordance with the provisions of section 63.01.
“(2) The common council of any city which is first elected after such city abandons the commission plan of government shall fix the salaries of all city officers therein in the same manner as when a city is first incorporated.”
Sub. (4) of sec. 66.01 provides that “any city or village may elect in the manner prescribed in this section that the whole or any part of any laws relating to the local affairs and government of such city or village other than such enactments of the legislature of state-wide concern as shall with uniformity affect every city or every village shall not apply to such city 'or village, and thereupon such laws or parts thereof shall cease to be in effect in such city or village.”
Sub. (2) (b) of the same section requires that “every charter ordinance which amends or repeals the whole or any part of a city or village charter shall designate specifically the portion of the charter so amended or repealed, and every charter ordinance which makes the election mentioned in subsection (4) of this section shall designate specifically each enactment of the legislature or portion thereof, made inapplicable to such city or village by the election mentioned in subsection (4) of this section.”
Under ch. 63, which provides for the adoption of the commission plan, it is provided in sec. 63.04 that the election following the adoption shall be on the first Tuesday in April next succeeding the adoption. Under ch. 64 the same provision is made. Sec. 10.36 provides for the holding of regular city elections on the first Tuesday in April. Under sec. 62.06 of ch. 62, which is the general charter law, provision is made for a special election to constitute the first city election after the incorporation of the city. Prior to 1927, upon
We do not find it necessary to decide whether this ordinance constituted a reorganization under ch. 62, or the adoption of the form of government prescribed by ch. 62 as a home-rule charter. In the event that ch. 62 should be amended at some future time, it may become necessary to determine this question in order to ascertain the effect of the amendment on the government of the city of Chippewa Falls. But, however this ordinance is construed, we regard sec. 2 of the charter ordinance as void. If this is a reorganization under ch. 62, we do not regard sec. 62.06 as applicable. Sec. 62.06 relates to the circumstances under which a district may become incorporated as a city. It provides the manner of incorporation, the powers of the city as organized, and
This leaves one further provision of sec. 2 to consider. The special election is ordered to be held on the second Tuesday after the passage of the ordinance or as soon there
Under these circumstances we think it clear that it is the statutory intent that the reorganization shall take place at the next regular city election. We are convinced that the disposition of this case by the learned trial judge was correct.
By the Court. — Judgment affirmed.