60.23 AnnotationOne who deals with a municipality does so at the person’s own risk and may be subject to any provisions of law that might prevent the person from being paid by a municipality even though the services are rendered. Unless the power to bind the municipality financially has been specifically delegated, the only entity with the statutory authority to contract is the municipality. Holzbauer v. Safway Steel Products, Inc., 2005 WI App 240, 288 Wis. 2d 250, 708 N.W.2d 36, 04-2058.
60.23 AnnotationSub. (1) applies to joint undertakings involving a regional project. It did not apply to authorization for building a fire station by a town that provided fire protection through a cooperative arrangement with another town when each town was responsible for furnishing and maintaining its own current fire station and there is nothing in the authorizing resolution that provided for any involvement by the joint fire board in decisions about additional fire stations. The decision to build was subject to town meeting authorization under s. 60.10 (2) (e) and (f). Town of Clayton v. Cardinal Construction Co., 2009 WI App 54, 317 Wis. 2d 424, 767 N.W.2d 605, 08-1793.
60.23 AnnotationWhile sub. (28) permits a town board to construct or acquire a safety building, when read in its entirety, its application is reasonably limited to the construction of joint county-city safety buildings. Sub. (28) extends the provisions of s. 66.0925, as they apply to cities, to towns, and s. 66.0925 addresses county-city safety buildings, or joint safety buildings. Town of Clayton v. Cardinal Construction Co., 2009 WI App 54, 317 Wis. 2d 424, 767 N.W.2d 605, 08-1793.
60.23 AnnotationA county has the authority under both s. 59.69 (1) and (4) and s. 59.70 (22) to enact ordinances regulating billboards and other similar structures. When a town approves a county zoning ordinance under s. 59.69 (5) (c) that includes a billboard ordinance, the town’s billboard ordinance adopted under sub. (29) does not preempt a county’s authority to regulate billboards in that town. Adams Outdoor Advertising, L.P. v. County of Dane, 2012 WI App 28, 340 Wis. 2d 175, 811 N.W.2d 421, 10-0178.
60.2460.24Powers and duties of town board chairperson.
60.24(1)(1)General powers and duties. The town board chairperson shall:
60.24(1)(a)(a) Preside at board meetings. Preside over meetings of the town board.
60.24(1)(b)(b) Preside at town meetings. Preside over town meetings as provided under s. 60.13.
60.24(1)(c)(c) Sign documents.
60.24(1)(c)1.1. Sign all ordinances, resolutions, bylaws, orders, regulations, commissions, licenses and permits adopted or authorized by the town board unless the town board, by ordinance, authorizes another officer to sign specific types of documents in lieu of the chairperson. The board, by ordinance, may authorize use of a facsimile signature under this paragraph.
60.24(1)(c)2.2. Sign all drafts, order checks and transfer orders as provided under s. 66.0607.
60.24(1)(d)(d) Assure administration of statutes. Supervise the administration of statutes relating to the town and town operations to see that they are faithfully executed.
60.24(1)(e)(e) Act on behalf of board. Act, on behalf of the town board, to:
60.24(1)(e)1.1. See that town orders and ordinances are obeyed.
60.24(1)(e)2.2. See that peace and order are maintained in the town.
60.24(1)(e)3.3. Obtain necessary assistance, if available, in case of emergency, except as provided under ch. 323.
60.24(1)(f)(f) Act on authorization of board. If authorized by the town board, act on behalf of the board, to:
60.24(1)(f)1.1. Direct, as appropriate, the solicitation of bids and quotations for the town’s purchase of equipment, materials and services and submit the bids and quotations to the town board for approval.
60.24(1)(f)2.2. Represent, or designate another officer to represent, the town at meetings of, and hearings before, governmental bodies on matters affecting the town.
60.24(2)(2)Administer oaths. The town board chairperson may administer oaths and affidavits on all matters pertaining to the affairs of the town.
60.24(3)(3)Other responsibilities. In addition to the powers and duties under this section, the town board chairperson has the following responsibilities:
60.24(3)(a)(a) Nominate individuals for service as election officials to the town board whenever the town board disapproves the nominee of a party committee under s. 7.30 (4) and the names of additional nominees are not available.
60.24(3)(b)(b) Serve as caucus official under s. 8.05 (1) (c).
60.24(3)(c)(c) Sue on official bonds under s. 19.015.
60.24(3)(d)(d) Execute and sign a certificate of indebtedness in connection with obtaining a state trust fund loan under s. 24.67.
60.24(3)(e)(e) Serve as town fire warden under ss. 26.13 and 26.14.
60.24(3)(f)(f) Appoint members of the board of harbor commissioners under s. 30.37 (3).
60.24(3)(g)(g) Appoint members of library boards under ss. 43.54 (1) (a) and 43.60 (3).
60.24(3)(h)(h) Exercise the powers and duties specified for a mayor under s. 62.13 if the town creates a joint board of police and fire commissioners or joint police or fire department with a village under s. 61.65 (3g) (d) 2. or a board of police and fire commissioners under s. 60.57.