[note 6][p. 161]
AN ACT to create sections 959-17a to 959-17j inclusive, of the statutes, relating to the creation and organization of a commission on the city plan in cities of the first, second and third classes, and to the acquisition of lands by such cities for certain public purposes.
SECTION 1. There is added to the statutes ten new sections to read:
Section 959-17a. The common council of every city of the first, second and third classes may, by ordinance, provide for the creation of a commission on the city plan to consist of seven members whose organization, power, duties, and qualifications shall be as set forth in sections 959-17b to 959-17j inclusive.
Section 959-17b. Such commission shall consist of the mayor, who shall be its presiding officer, the city engineer, the president of the park board, one member of the common council and three citizens. In case any such city shall be without a park board the mayor shall appoint four citizen members.
Section 959-17c. Upon the adoption of an ordinance as provided in section 959-17a, the common council of any such city shall, by a two-thirds vote of its members, elect one of its number as a member of such commission, who shall serve as such member until the next ensuing first day of May; and during the month of April of each year, or whenever a vacancy shall occur, the council shall, by a like two-thirds vote, elect one of its number for a period of one year from and after the first day of May then ensuing, or to fill the unexpired term.
Section 959-17d. Immediately upon the adoption of such ordinance, the mayor shall appoint three citizens, members of such commission, one citizen member to hold office for three years, one citizen member for two years and one citizen member for one year from the ensuing first day of May, and in case any city shall be without a park board, the mayor of such city shall appoint a fourth citizen member to hold office for one year from the ensuing first day of May or until such city shall establish a park board. In the month of April of each year thereafter, in which the terms of office of such citizen members respectively expire, the mayor shall appoint one citizen member of such commission for the period of three years from the first day of May next ensuing, and in case any city should be without a park board, one additional citizen member for a period of one year from the first day of May next ensuing, or until such city shall [p. 162] establish a park board. Whenever a vacancy shall occur in the term of any citizen member, the mayor shall appoint a citizen as a member to fill such unexpired term.
Section 959-17e. No member of the common council or citizen shall be elected or appointed a member of such commission who shall be actively engaged in the purchasing or selling of real estate in such city, and all citizen members shall be persons of recognized experience and qualifications. Such members of the commission shall hold office until their respective successors are elected and qualified. No member of any such commission shall receive any compensation for his services as such member.
Section 959-17f. The common council of any such city shall refer any question concerning the location and architectural design of any public building, the location of any statue or other memorial, the location, extension, widening, enlargement, ornamentation, and parking of any street, parkway, boulevard, park, playground, or other memorial or public grounds within any such city to such commission for its consideration and report before final action is taken thereon by such council. All plats or replats of any lands within the limits of such city or of any lands outside of and within one and one-half miles of the limits of such city shall be submitted to the commission of such city for its recommendation to the council before the same are approved by such council.
Section 959-17g. The common council may refer to said commission the construction or carrying out of any public work not expressly within the province of other boards or commissions of said city, and may delegate to said commission all powers which the said council deems necessary to complete such work in all details.
Section 959-17h. Said commission may make or cause to be made a map or maps of said city or any portion thereof, showing locations proposed by it for any new public building, statue, memorial grounds, street, parkway, boulevard, park, playgrounds, or any other public grounds and the grades thereof, and the street building and veranda lines thereof, and for any new square or park, or any changes by it deemed advisable in the present location of any public building, statue, memorial, grounds, street, parkway, boulevards, playgrounds, square or park, and may employ expert advice in the making of such map or maps.
Section 959-17i. Any such city, acting through its commission, or otherwise, may acquire by gift, purchase, or condemnation any lands within its corporate limits, for establishing, laying [p. 163] out, widening, enlarging, extending and maintaining memorial grounds, streets, squares, parkways, boulevards, parks, playgrounds, sites for public buildings, and reservations in and about and along and leading to any or all of the same; and after the establishment, layout and completion of such improvements, may convey any such real estate thus acquired and not necessary for such improvements, with reservations concerning the future use and occupation of such real estate, so as to protect such public works and improvements, and their environs, and to preserve the view, appearance, light, air and usefulness of such public works, and to promote the public health and welfare.
1. The council shall cause to be prepared, under the supervision of the city engineer, an official plan of the city, upon which shall be shown -
2. For the purpose of making such plan, the engineer or any assistant or employee may enter upon any private property in the day time. 1896, c. 27, s. 13.
550. Every such new street, and every such alteration or extension of any existing street, shall be laid out on such plan of [p. 164] such extent and dimensions as the city engineer determines; but no new street shall be laid out -
551. On any such plan any property of the city shall be shewn.
554. Upon such confirmation, the city engineer shall set up such bounds or monuments as he deems proper to mark the lines of every existing street shown on such plan, and a record of the date of setting up every such bound or monument, and the location and nature thereof, shall be kept by the city engineer. 1896, c. 27, s. 22.
555. After any such confirmation, when any new street is opened, or any alteration or extension made to any existing [p. 165] street, the city engineer shall mark such street, alteration or extension on the plans filed in his office and in the registry of deeds, and shall set up such bounds or monuments as he deems necessary to mark the lines thereof. 1896, c. 27, s. 25.
1. When the plan has been so confirmed by the council, the same shall be binding and conclusive upon the city and the owner of any property affected, and upon every other person whomsoever, as to the location, dimensions and lines of any existing street shown thereon, and also that such street at the time of confirming the plan belonged to the city.
The copyright to this electronic edition of Madison: A Model City, including all digital images, is held by the Board of Regents of the University of Wisconsin System. All rights reserved.
These may be copied freely by individuals for personal use, research, and teaching (including distribution to classes) as long as this statement of availability is included in the text. They may be linked to freely in Internet editions of all kinds, including for-profit works.
Scholars interested in changing or adding to these texts by, for example, creating a new edition of the text (electronically or in print) with substantive editorial changes, are asked to seek the permission of the University of Wisconsin General Library System. They are requested to do so whether the new publication will be made available at a cost or free of charge.