CHAPTER 61
VILLAGES
61.188 Certain villages may become cities by charter ordinance.
61.189 Villages of 1,000 may become cities.
61.19 Annual elections; appointments.
61.191 Population, use of federal census.
61.195 Discontinuance and change of term of offices.
61.197 Selection of officers.
61.20 Election of trustees; terms; number.
61.21 Clerk to notify officers-elect; oath of office.
61.22 Official bonds; officers not to be sureties.
61.23 Terms; temporary vacancy.
61.261 Deputy village treasurer.
61.31 Peace officers, who are.
61.32 Village board; meeting; salaries.
61.325 Trustee may be appointed president.
61.34 Powers of village board.
61.342 Direct legislation.
61.345 Recycling or resource recovery facilities.
61.351 Zoning of wetlands in shorelands.
61.354 Construction site erosion control and storm water management zoning.
61.36 Streets, sidewalks, sewers and watercourses.
61.39 Service pipes and sewers.
61.44 Railroads, dust prevention.
61.47 Street and sidewalk improvement tax.
61.48 County aid for construction and repair of bridges and culverts.
61.50 Ordinances; contracts; other instruments; how executed.
61.54 Bids on improvements.
61.55 Contracts involving over $15,000; how let; exception.
61.56 Alternative letting of contracts.
61.57 Acquisition of recycling or resource recovery facilities without bids.
61.61 Village orders; borrowing money.
61.65 Police and fire departments; pension funds.
61.66 Combined protective services.
61.71 Consolidated plats; numbering of buildings.
61.72 Pest and disease prevention.
61.73 Village housing authorities.
61.74 Detachment of farm lands from villages.
61.187(1)(1)
Procedure. Whenever a petition conforming to the requirements of
s. 8.40, signed by at least one-third as many electors of any village as voted for village officers at the next preceding election for village officers in that village, shall be presented to the village board, and filed as provided in
s. 8.37, praying for dissolution of the village, the village board shall submit to the electors of the village the question whether or not the village shall be dissolved. The question shall be determined by ballot, in substantially the manner provided by
ss. 5.64 (2) and
10.02, at a general election or at a special election called by the village board for that purpose.
61.187(2)
(2) Date of; property; claims; territory. 61.187(2)(a)(a) If two-thirds of the ballots cast at the election under
sub. (1) are in favor of dissolution, the village shall, at the expiration of 6 months from the date of the election, cease to be a village.
61.187(2)(b)
(b) Within 6 months after the election under
sub. (1), the village board shall dispose of the village property and settle, audit, and allow all just claims against the village. The village board shall settle with the treasurer and other village officers and cause the assets of the village to be used in paying the village's debts. If any property or assets remain after paying the village's debts, the village board may designate the manner in which the remaining property and assets shall be used. If there are not sufficient funds to pay the village's debts, the village board may levy a tax to cover the deficiency, which shall be collected as other taxes and be paid out by the town treasurer in payment of the outstanding village orders or bonds.
61.187(2)(c)
(c) The territory included within the village at the time of its dissolution shall revert to and become a part of the town or towns from which it was taken or in which it is then located.
61.187(2)(d)
(d) If, in accordance with
par. (a) , the results of the election under
sub. (1) provide for dissolution, the village clerk shall, within 10 days after the election, record the petition and determination of the village board of canvassers in the office of the register of deeds of the county or counties in which the village is located and file with the secretary of state certified copies of the petition and the determination of inspectors of election. The village clerk shall also record in the office of the register of deeds a certificate by the village clerk showing the date on which the dissolution takes effect and file with the secretary of state 4 copies of the certificate. These documents shall be recorded and indexed by the register of deeds. The index shall include the volume or reel number and the page or image number of the original documents. The secretary of state shall forward 2 copies of the certificate to the department of transportation and one to the department of revenue.
61.188
61.188
Certain villages may become cities by charter ordinance. Any village having a population of 1,000 or more may proceed under
s. 66.0101 to organize as a city of the appropriate class. The village may by charter or charter ordinance adopted under
s. 66.0101 elect not to be governed by
ch. 62 or
66 in whole or in part or may create that system of government considered by the village to be most appropriate. The charter or charter ordinance may include the following: method of election of members of the council by districts, at-large or by a combination of methods, procedure for election of the first common council, creation and selection of all administrative officers, departments, boards and commissions, powers and duties of all officers, boards and commissions and terms of office. The charter or charter ordinance may not alter those provisions of
ch. 62 dealing with police and fire departments or
chs. 115 to
121 dealing with education. Any village incorporated after August 12, 1959, may not become a city under this section unless it meets the standards for incorporation in
ss. 66.0205 and
66.0207.
61.188 History
History: 1999 a. 150 s.
25.
61.189
61.189
Villages of 1,000 may become cities. 61.189(1)
(1) Whenever the resident population of any village exceeds 1,000 as shown by the last federal census or by a census provided for under
sub. (3), the village may become a 4th class city, and the trustees of the village may at a regular meeting, by a two-thirds vote of the members thereof, by resolution, so determine. The resolution shall observe the requirements of
s. 5.15 (1) and
(2) for wards, and shall fix the number and boundary of the aldermanic districts into which the city shall be divided and fix the time for holding the first city election, which shall not be less than 20 days from the date of such resolution, shall designate a polling place for each ward, and shall provide for the appointment of initial inspectors of election in the manner provided in
ss. 7.30 and
7.32.
61.189(2)
(2) The election shall be noticed and conducted and the result canvassed and certified as in the case of regular village elections and the village clerk shall immediately file with the secretary of state 4 copies of a certification certifying the fact of holding such election and the result thereof and a description of the legal boundaries of such village or proposed city and 4 certified copies of a plat thereof; and thereupon a certificate of incorporation shall be issued to such city by the secretary of state. Two copies of the certification and plat shall be forwarded by the secretary of state to the department of transportation and one copy to the department of revenue. Thereafter such city shall in all things be governed by the general city charter law. All debts, obligations and liabilities existing against such village at the time of such change shall continue and become like debts, obligations and liabilities against such city, and such city may carry out and complete all proceedings then pending for the issue of bonds for improvements therein.
61.189(3)
(3) If the last federal census figures are not used the village trustees shall cause to be taken an accurate census of the resident population of the village on some day not more than 10 weeks previous to the time of the adoption of such resolution, exhibiting the name of every head of a family and the name of every person a resident in good faith on such day and the lot on which that person resides, which shall be verified by the affidavit of the person taking the same affixed thereto. The original of such census shall be filed in the office of the village clerk and a duly verified copy filed with the clerk of the circuit court of the county wherein such village is situated.
61.189(4)
(4) Any village incorporated after August 12, 1959, may not become a city unless it meets the standards for incorporation in
ss. 66.0205 and
66.0207.
61.19
61.19
Annual elections; appointments. At the annual spring election in each village in odd-numbered years, except as otherwise provided herein, there shall be chosen: A president, a clerk, a treasurer, an assessor if election of the assessor is provided and a constable. In villages in counties having a population of 500,000 or more, the officers named shall be elected for a term of 2 years on the first Tuesday of April of each even-numbered year. Any other officers shall be appointed annually by the village board at their first meeting after the first Tuesday in April unless the board otherwise provides. No person not a resident elector in such village shall be elected to any office therein. The village clerk may appoint a deputy clerk for whom the clerk shall be responsible, and who shall take and file the oath of office, and in case of the absence, sickness or other disability of the clerk, may perform the clerk's duties and receive the same compensation unless the village board appoints a person to act as such clerk. No assessor shall be elected or appointed if the village has come within the jurisdiction of a county assessor under
s. 70.99.
61.19 History
History: 1973 c. 90;
1991 a. 316;
1995 a. 16 s.
2.
61.191
61.191
Population, use of federal census. Except as provided in
s. 61.189 (3), where the census of a village is required the last federal census, including a special federal census, if any, shall be used.
61.195
61.195
Discontinuance and change of term of offices. Any village may proceed pursuant to
s. 66.0101 to discontinue the office of marshal or constable, to change the method of selection of or tenure of any officer other than members of the village board, to consolidate any such office or to change the term of office of members of the village board.
61.195 History
History: 1999 a. 150 s.
672.
61.197
61.197
Selection of officers. 61.197(1)
(1) Officers other than members of the village board and municipal judges except as provided in
s. 61.65, shall be selected by one of the following methods:
61.197(1)(b)
(b) Appointment by the village president subject to confirmation by the village board.
61.197(1)(d)
(d) Election by the voters of those officers so enumerated in
s. 61.19, unless otherwise provided pursuant to
s. 61.195.
61.197(1)(e)
(e) Selection under any of the above methods, the selection to be from an eligible list established pursuant to
s. 66.0509.
61.197(1)(f)
(f) A corporation or an independent contractor may be appointed as the village assessor. The corporation or independent contractor so appointed shall designate the person responsible for the assessment. The designee shall file the official oath under
s. 19.01, and sign the affidavit of the assessor attached to the assessment roll under
s. 70.49. No person may be designated by any corporation or independent contractor unless he or she has been granted the appropriate certification under
s. 73.09. For purposes of this subsection, "independent contractor" means a person who either is under contract to furnish appraisal and assessment services or is customarily engaged in an independently established trade, business or profession in which the services are offered to the general public.
61.197(2)
(2) Such officers shall continue to be selected in the manner prevailing on April 15, 1939, provided one of the above plans was in force on that date. Such method shall be continued until changed in the manner provided by
s. 66.0101. However, any village may require that selection be made from an eligible list as specified under
sub. (1) (e) by the enactment of an ordinary ordinance.
