66.0135(4)(a)
(a) Any portion of an order or contract for which the payment, from federal moneys, has not been received.
66.0135(4)(b)
(b) An order or contract that is subject to late payment interest or another late payment charge required by another law or rule specifically authorized by law.
66.0135(4)(c)
(c) An order or contract between 2 or more agencies of the same local governmental unit.
66.0135(4)(d)
(d) An order or contract which provides for the time of payment and the consequences of nontimely payment, if any deviation from the deadlines established in
sub. (2) appears in the original bid or proposal.
66.0135(4)(e)
(e) An order or contract under which the amount due is subject to a good faith dispute if, before the date on which payment is not timely, notice of the dispute is sent by 1st class mail, personally delivered or sent in accordance with the procedure specified in the order or contract.
66.0135(5)
(5) Appropriation from which paid. An agency that pays interest under this section shall pay the interest only from the appropriation for administration of the program under which the order or contract was made or entered into, unless otherwise directed by the governing body of the local governmental unit.
66.0135(6)
(6) Attorney fees. Notwithstanding
s. 814.04 (1), in an action to recover interest due under this section, the court shall award the prevailing party reasonable attorney fees.
66.0135(7)
(7) Improper invoices. If an agency receives an improperly completed invoice, the agency shall notify the sender of the invoice within 10 working days after it receives the invoice of the reason that it is improperly completed.
66.0135 History
History: 1989 a. 233;
1999 a. 150 ss.
326,
327; Stats. 1999 s. 66.0135.
66.0137
66.0137
Provision of insurance. 66.0137(1)
(1)
Definition. In this section, "local governmental unit" means a city, village, town, county, school district (as enumerated in
s. 67.01 (5)), sewerage district, drainage district and, without limitation because of enumeration, any other political subdivision of the state [should be
s. 345.05 (1) (c)].
66.0137 Note
NOTE: The bracketed language was inadvertently inserted by
1999 Wis. Act 150. Corrective legislation is pending.
66.0137(2)
(2) Liability and worker's compensation insurance. The state or a local governmental unit may procure risk management services and liability insurance covering the state or local governmental unit and its officers, agents and employees and worker's compensation insurance covering officers and employees of the state or local governmental unit. A local governmental unit may participate in and pay the cost of risk management services and liability and worker's compensation insurance through a municipal insurance mutual organized under
s. 611.23.
66.0137(3)
(3) Health insurance for unemployed persons. Any city, village, town or county may purchase health or dental insurance for unemployed persons residing in the city, village, town or county who are not eligible for medical assistance under
s. 49.46,
49.468 or
49.47.
66.0137(4)
(4) Self-insured health plans. If a city, including a 1st class city, or a village provides health care benefits under its home rule power, or if a town provides health care benefits, to its officers and employees on a self-insured basis, the self-insured plan shall comply with
ss. 49.493 (3) (d),
631.89,
631.90,
631.93 (2),
632.746 (10) (a) 2. and
(b) 2.,
632.747 (3),
632.85,
632.853,
632.855,
632.87 (4) and
(5),
632.895 (9) to
(14),
632.896 and
767.25 (4m) (d).
66.0137(5)
(5) Hospital, accident and life insurance. The state or a local governmental unit may provide for the payment of premiums for hospital, surgical and other health and accident insurance and life insurance for employees and officers and their spouses and dependent children. A local governmental unit may also provide for the payment of premiums for hospital and surgical care for its retired employees. In addition, a local governmental unit may, by ordinance or resolution, elect to offer to all of its employees a health care coverage plan through a program offered by the group insurance board under
ch. 40. A local governmental unit that elects to participate under
s. 40.51 (7) is subject to the applicable sections of
ch. 40 instead of this subsection.
66.0137 History
History: 1999 a. 9,
115;
1999 a. 150 ss.
34,
303 to
306; Stats. 1999 s. 66.0137;
1999 a. 186 s.
63.
66.0137 Annotation
This section authorizes the purchase of liability insurance for state officers, agents, and employees for errors or omissions in carrying out the responsibility of their governmental positions. 58 Atty. Gen. 150.
66.0139
66.0139
Disposal of abandoned property. 66.0139(1)
(1) In this section, "political subdivision" means a city, village, town or county.
66.0139(2)
(2) A political subdivision may dispose of any personal property which has been abandoned, or remained unclaimed for a period of 30 days, after the taking of possession of the property by an officer of the political subdivision by any means determined to be in the best interest of the political subdivision. If the property is not disposed of in a sale open to the public, the political subdivision shall maintain an inventory of the property, a record of the date and method of disposal, including the consideration received for the property, if any, and the name and address of the person taking possession of the property. The inventory shall be kept as a public record for a period of not less than 2 years from the date of disposal of the property. Any means of disposal other than public auction shall be specified by ordinance. If the disposal is in the form of a sale, all receipts from the sale, after deducting the necessary expenses of keeping the property and conducting the sale, shall be paid into the treasury of the political subdivision.
66.0139(3)
(3) A political subdivision may safely dispose of abandoned or unclaimed flammable, explosive or incendiary substances, materials or devices posing a danger to life or property in their storage, transportation or use immediately after taking possession of the substances, materials or devices without a public auction. The political subdivision, by ordinance or resolution, may establish disposal procedures. Procedures may include provisions authorizing an attempt to return to the rightful owner substances, materials or devices which have a commercial value in the normal business usage and do not pose an immediate threat to life or property. If enacted, a disposal procedure shall include a presumption that if the substance, material or device appears to be or is reported stolen an attempt will be made to return the substance, material or device to the rightful owner.
66.0139(4)
(4) Except as provided in
s. 968.20 (3), a 1st class city shall dispose of abandoned or unclaimed dangerous weapons or ammunition without a public auction 12 months after taking possession of them if the owner has not requested their return. Disposal procedures shall be established by ordinance or resolution and may include provisions authorizing an attempt to return to the rightful owner any dangerous weapons or ammunition which appear to be stolen or are reported stolen. If enacted, a disposal procedure shall include a presumption that if the dangerous weapons or ammunition appear to be or are reported stolen an attempt will be made to return the dangerous weapons or ammunition to the rightful owner. The dangerous weapons or ammunition are subject to
sub. (5).
66.0139(5)
(5) A political subdivision may retain or dispose of any abandoned, unclaimed or seized dangerous weapon or ammunition only under
s. 968.20.
66.0141
66.0141
Accident record systems. Every city, village and town having a population of 5,000 or more shall maintain a traffic accident record system whereby traffic accidents occurring within the city, village or town may be located within 100 feet of the occurrence and shall provide a copy of the record quarterly to the county traffic safety commission under
s. 83.013 (1) (a).
66.0141 History
History: 1975 c. 381;
1983 a. 291;
1993 a. 246;
1999 a. 150 s.
118; Stats. 1999 s. 66.0141.
INCORPORATION; MUNICIPAL BOUNDARIES
66.0201
66.0201
Incorporation of villages and cities; purpose and definitions. 66.0201(1)(1)
Purpose. It is the policy of this state that the development of territory from town to incorporated status proceed in an orderly and uniform manner and that toward this end each proposed incorporation of territory as a village or city be reviewed as provided in
ss. 66.0201 to
66.0213 to assure compliance with certain minimum standards which take into account the needs of both urban and rural areas.
66.0201(2)(a)
(a) "Department" means the department of administration.
66.0201(2)(bm)
(bm) "Isolated municipality" means any existing or proposed village or city entirely outside any metropolitan community at the time of its incorporation.
66.0201(2)(c)
(c) "Metropolitan community" means the territory consisting of any city having a population of 25,000 or more, or any 2 incorporated municipalities whose boundaries are within 5 miles of each other whose populations aggregate 25,000, plus all the contiguous area which has a population density of 100 persons or more per square mile, or which the department has determined on the basis of population trends and other pertinent facts will have a minimum density of 100 persons per square mile within 3 years.
66.0201(2)(d)
(d) "Metropolitan municipality" means any existing or proposed village or city entirely or partly within a metropolitan community.
66.0201(2)(dm)
(dm) "Population" means the population of a local unit as shown by the last federal census or by any subsequent population estimate certified as acceptable by the department.
66.0203
66.0203
Procedure for incorporation of villages and cities. 66.0203(1)(1)
Notice of intention. At least 10 days and not more than 20 days before the circulation of an incorporation petition, a notice setting forth that the petition is to be circulated and including an accurate description of the territory involved shall be published within the county in which the territory is located as a class 1 notice, under
ch. 985.
66.0203(2)(a)(a) The petition for incorporation of a village or city shall be in writing signed by 50 or more persons who are both electors and freeholders in the territory to be incorporated if the population of the proposed village or city includes 300 or more persons; otherwise by 25 or more persons who are both electors and freeholders in the territory to be incorporated.
66.0203(2)(b)
(b) The petition shall be addressed to and filed with the circuit court of a county in which all or a major part of the territory to be incorporated is located. The incorporation petition is void unless filed within 6 months of the date of publication of the notice of intention to circulate.
66.0203(2)(c)
(c) The petition shall designate a representative of the petitioners, and an alternate, who shall be an elector or freeholder in the territory, and state that person's address; describe the territory to be incorporated with sufficient accuracy to determine its location and have attached to the petition a scale map reasonably showing the boundaries of the territory; specify the current resident population of the territory by number in accordance with the definition given in
s. 66.0201 (2) (dm); set forth facts substantially establishing the required standards for incorporation; and request the circuit court to order a referendum and to certify the incorporation of the village or city when it is found that all requirements have been met.
66.0203(2)(e)
(e) No person who has signed a petition may withdraw his or her name from the petition. No additional signatures may be added after a petition is filed.
66.0203(2)(f)
(f) The circulation of the petition shall commence not less than 10 days nor more than 20 days after the date of publication of the notice of intention to circulate.
66.0203(3)(a)(a) Upon the filing of the petition the circuit court shall by order fix a time and place for a hearing giving preference to the hearing over other matters on the court calendar.
66.0203(3)(b)
(b) The court may by order allow costs and disbursements as provided for actions in circuit court in any proceeding under this subsection.
66.0203(3)(c)
(c) The court may, upon notice to all parties who have appeared in the hearing and after a hearing on the issue of bond, order the petitioners or any of the opponents to post bond in an amount that it considers sufficient to cover disbursements.
66.0203(4)(a)(a) Notice of the filing of the petition and of the date of the hearing on the petition before the circuit court shall be published in the territory to be incorporated, as a class 2 notice, under
ch. 985, and given by certified or registered mail to the clerk of each town in which the territory is located and to the clerk of each metropolitan municipality of the metropolitan community in which the territory is located. The mailing shall be not less than 10 days before the time set for the hearing.
66.0203(4)(b)1.
1. A description of the territory sufficiently accurate to determine its location and a statement that a scale map reasonably showing the boundaries of the territory is on file with the circuit court.
66.0203(4)(b)2.
2. The name of each town in which the territory is located.
66.0203(4)(b)3.
3. The name and post-office address of the representative of the petitioners.
66.0203(5)
(5) Parties. Any governmental unit entitled to notice pursuant to
sub. (4), any school district which lies at least partly in the territory or any other person found by the court to be a party in interest may become a party to the proceeding prior to the time set for the hearing.
66.0203(6)
(6) Annexation resolution. Any municipality whose boundaries are contiguous to the territory may also file with the circuit court a certified copy of a resolution adopted by a two-thirds vote of the elected members of the governing body indicating a willingness to annex the territory designated in the incorporation petition. The resolution shall be filed at or prior to the hearing on the incorporation petition, or any adjournment granted for this purpose by the court.
66.0203(7)(a)(a) No action to contest the validity of an incorporation on any grounds, whether procedural or jurisdictional, may be commenced after 60 days from the date of issuance of the charter of incorporation by the secretary of state.
66.0203(7)(b)
(b) An action contesting an incorporation shall be given preference in the circuit court.
66.0203(8)(a)(a) After the filing of the petition and proof of notice, the circuit court shall conduct a hearing at the time and place specified in the notice, or at a time and place to which the hearing is duly adjourned.
66.0203(8)(b)
(b) On the basis of the hearing the circuit court shall find if the standards under
s. 66.0205 are met. If the court finds that the standards are not met, the court shall dismiss the petition. If the court finds that the standards are met the court shall refer the petition to the department and the department shall determine whether the standards under
s. 66.0207 are met.
66.0203(9)(a)(a) Upon receipt of the petition from the circuit court the department shall make any necessary investigation to apply the standards under
s. 66.0207.
66.0203(9)(b)
(b) Within 20 days after the receipt by the department of the petition from the circuit court, any party in interest may request a hearing. Upon receipt of the request, the department shall schedule a hearing at a place in or convenient to the territory sought to be incorporated.
66.0203(9)(c)
(c) Notice of the hearing shall be given in the territory to be incorporated by publishing a class 2 notice, under
ch. 985, and by mailing the notice to the designated representative of the petitioners or any 5 petitioners and to all town and municipal clerks entitled to receive mailed notice of the petition under
sub. (4).
66.0203(9)(d)
(d) Unless the court sets a different time limit, the department shall prepare its findings and determination, citing the supporting evidence, within 90 days after receipt of the referral from the court. The findings and determination shall be forwarded by the department to the circuit court. Copies of the findings and determination shall be sent by certified or registered mail to the designated representative of the petitioners, and to all town and municipal clerks entitled to receive mailed notice of the petition under
sub. (4).
66.0203(9)(e)3.
3. The petition as submitted is dismissed with a recommendation that a new petition be submitted to include more or less territory as specified in the department's findings and determination.
66.0203(9)(f)
(f) If the department determines that the petition shall be dismissed under
par. (e) 1., the circuit court shall issue an order dismissing the petition. If the department grants the petition, the circuit court shall order an incorporation referendum as provided in
s. 66.0211.
66.0203(9)(g)
(g) The findings of both the court and the department shall be based upon facts as they existed at the time of the filing of the petition.
66.0203(9)(h)
(h) Except for an incorporation petition which describes the territory recommended by the department under
s. 66.0203 (9) (e) 3., no petition for the incorporation of the same or substantially the same territory may be entertained for one year following the date of dismissal under
par. (f) of the petition or the date of any election at which incorporation was rejected by the electors.
66.0203(10)
(10) Existing ordinances. A county shoreland zoning ordinance enacted under
s. 59.692 that is in force in any part of the territory continues in force until altered under
s. 59.692 (7) (ad).
66.0203 Annotation
The "denial" referred to in sub. (9) (h) is the denial by the department under sub. (9) (e), not dismissal of a subsequent court appeal. In re Petition of Township of Campbell,
78 Wis. 2d 246,
254 N.W.2d 241.
66.0203 Annotation
Sub. (5) does not empower a court to compel joinder. In re Incorporation of Town of Fitchburg,
98 Wis. 2d 635,
299 N.W.2d 199 (1980).
66.0203 Annotation
An incorporation petition's precedence over a competing annexation proceeding is discussed. Town of Delavan v. City of Delavan,
176 Wis. 2d 516,
500 N.W.2d 268 (1993).
66.0203 Annotation
Sub. (2) (e) prevents the signer of a petition from withdrawing his or her name. It does not prevent the circulator of the petition from striking invalid signatures. Sub. (2) (b) permits withdrawal of a signature before the petition is filed. Walag v. Town of Randall,
213 Wis. 2d 424,
570 N.W.2d 623 (Ct. App. 1997).
66.0205
66.0205
Standards to be applied by the circuit court. Before referring the incorporation petition as provided in
s. 66.0203 (2) to the department, the court shall determine whether the petition meets the formal and signature requirements and shall further find that the following minimum requirements are met:
66.0205(1)
(1) Isolated village. Area, one-half square mile; resident population, 150.
66.0205(2)
(2) Isolated city. Area, one square mile; resident population, 1,000; density, at least 500 persons in any one square mile.
66.0205(3)
(3) Metropolitan village. Area, 2 square miles; resident population, 2,500; density, at least 500 persons in any one square mile.
66.0205(4)
(4) Metropolitan city. Area, 3 square miles; resident population, 5,000; density, at least 750 persons in any one square mile.
66.0205(5)
(5) Standards when near 1st, 2nd or 3rd class city. If the proposed boundary of a metropolitan village or city is within 10 miles of the boundary of a 1st class city or 5 miles of a 2nd or 3rd class city, the minimum area requirements are 4 and 6 square miles for villages and cities, respectively.
66.0205 History
History: 1977 c. 29;
1999 a. 150 s.
37; Stats. 1999 s. 66.0205.
