2001 - 2002 LEGISLATURE
February 18, 2002 - Introduced by Representatives Berceau, Urban, Huber,
Shilling, Ryba, Richards, Pocan and Miller, cosponsored by Senator Risser.
Referred to Committee on Urban and Local Affairs.
1An Act to create
66.0218 of the statutes; relating to: creating a procedure for
2cities and villages to annex town peninsulas.
Analysis by the Legislative Reference Bureau
Currently, town territory that is contiguous to any city or village may be
annexed to that city or village under several methods. Three of the methods of
annexation include the following: 1) direct annexation, under which a petition for
annexation that was signed by the required number of electors and landowners is
filed with the city or village clerk; 2) annexation by referendum, under which a
petition for referendum that was signed by the required number of electors and
landowners is filed with the city or village clerk, and a referendum is held and passes
in the town; and 3) annexation by court order and referendum, under which the
governing body of a city or village adopts a resolution declaring its intention to apply
to the circuit court for an order for an annexation referendum. If the city or village
submits the resolution and the proper supporting documents and if no petition of
protest is filed with the court or if the petition is found by the court to be insufficient,
the court shall order the referendum to be held. If the referendum passes in the town,
the annexation occurs.
Under the first two of these current methods of annexation, no annexation
proceeding in a county with a population of at least 50,000 is valid unless the person
publishing a notice of annexation or the person who files the petition for direct
annexation sends certain information, such as a legal description and a scale map
of the territory proposed to be annexed, to the department of administration (DOA)
within five days of the publishing of the notice or filing of the petition. Within 20 days
after receipt of the information, DOA may mail to the clerks of the town and city or
village that are involved with the proposed annexation a notice that states DOA's
opinion that the annexation is against the public interest and that advises the clerks
of the reasons for its decision.
Another method of annexation is direct annexation by unanimous approval. If
a petition for direct annexation by unanimous approval signed by all of the electors
residing in the territory and the owners of all of the real property in the territory is
filed with the city or village clerk and the town clerk of all of the involved towns, along
with a scale map and legal description of the property to be annexed, the governing
body of the city or village may, generally, annex the property by a two-thirds vote of
the body. Such an annexation, however, is subject to DOA review as if the annexation
petition were for direct, but not unanimous, annexation or annexation by
Generally, cities and villages may also annex territory that is owned by the city
or village and that lies near but not necessarily contiguous to the city or village by
enacting an ordinance to annex such territory.
This bill creates a new method for a city or village to annex a town peninsula,
which is defined under the bill as town territory, the boundary of which is not
completely surrounded by a city or village but is contiguous to one or more cities or
villages for at least 75% of its length, excluding areas that border on water, or on land
whose condition prohibits development, except that the excluded areas of the border
may not exceed 33% of the length of the boundary of the territory that is sought to
Under the bill, a city or village may enact an annexation ordinance if the
annexing city or village is contiguous to more than 50% of the peninsula's length, if
the annexing city or village is capable of providing public services to the territory in
the peninsula at a level that at least equals the level of service that is being provided
by the town, and if the annexation will reduce any existing problems of duplicative
public services being provided in the same area by multiple local governments. The
bill defines "public services" to include police and fire protection services; sewer and
water treatment; building, health, and fire prevention inspections; planning; and
public works services.
Upon enactment of the annexation ordinance, the city or village clerk is
required to forward to the secretary of state copies of the ordinance, a scale map, and
the plat of the city or village, including the annexed territory, and the secretary of
state is required to forward copies of the ordinance, scale map, and plat to a number
of state agencies.
An ordinance enacted under the bill takes effect on the first day of the second
month beginning after enactment.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB816, s. 1
66.0218 of the statutes is created to read:
266.0218 Direct annexation of town peninsulas. (1) Definitions.
In this 3
(a) "Legal description" has the meaning given in s. 66.0217 (1) (c).
(b) "Members-elect" has the meaning given in s. 59.001 (2m).
(c) "Municipality" means a city, village, or town.
(d) "Peninsula" means town territory, the boundary of which is not completely 8
surrounded by a city or village but which is contiguous to one or more cities or villages 9
for at least 75% of its length, excluding areas that border on water, or on land whose 10
condition prohibits development, except that such excluded areas of the border may 11
not exceed 33% of the length of the boundary of the territory that is sought to be 12
(e) "Public services" includes police and fire protection; sewer and water 14
treatment; stormwater treatment; building, health, and fire prevention inspections; 15
planning; and public works services.
(f) "Scale map" has the meaning given in s. 66.0217 (1) (g).
17(2) City, village ordinances.
The governing body of a city or 18
village may, by a two-thirds vote of its members-elect, enact an ordinance to annex 19
a contiguous peninsula if all of the following apply:
1. The annexing city or village is contiguous to more than 50% of the peninsula's 21
2. The annexing city or village is capable of providing public services to the 23
territory in the peninsula at a level that at least equals the level of service that is 24
being provided by the town.
3. The annexation of the peninsula will reduce any existing problems of 2
duplicative public services being provided within the same area by more than one 3
The annexation ordinance shall contain a legal description 5
of the territory annexed and the name of the town from which the territory is 6
annexed. Upon enactment of the ordinance under par. (a) the city or village clerk 7
shall file with the secretary of state 8 certified copies of the ordinance, 8 copies of a 8
scale map, and 8 copies of a plat which shows the boundaries of the city or village, 9
including the annexed territory.
(c) Secretary of state.
Not later than 10 days after receiving the ordinance, scale 11
map, and plat, the secretary of state shall forward 2 copies of the ordinance, scale 12
map, and plat to the department of transportation, one copy to the department of 13
administration, one copy to the department of natural resources, one copy to the 14
department of revenue, one copy to the department of public instruction, and one 15
copy to the clerk of the town from which the territory was annexed.
(d) Action to contest annexation.
Section 66.0217 (11) applies to annexations 17
under this section.
18(3) Effectiveness of annexation ordinance.
An ordinance enacted under sub. 19
(2) takes effect on the first day of the 2nd month beginning after enactment.