62.071   Annexations to cities of the first class.
62.075   Detachment of farm lands from cities.
62.08   Alteration of aldermanic districts.
62.09   Officers.
62.11   Common council.
62.115   Defense of officers by city attorney.
62.12   Finance.
62.13   Police and fire departments.
62.133   Ambulance service.
62.135   Highway safety coordinator.
62.14   Board of public works.
62.15   Public works.
62.155   Acquisition of facilities without bids.
62.16   Street grades; service pipes.
62.17   Enforcement of building codes.
62.175   Sewer and water extensions in 1st and 2nd class cities; sewage from other municipalities.
62.18   Sewers.
62.185   Sewer district bonds.
62.19   Water and heat pipe extensions.
62.22   Acquiring property; opening or changing streets.
62.225   Recycling or resource recovery facilities.
62.23   City planning.
62.231   Zoning of wetlands in shorelands.
62.232   Required notice on certain approvals.
62.233   Zoning of annexed or incorporated shorelands.
62.234   Construction site erosion control and storm water management zoning.
62.237   Municipal mortgage housing assistance.
62.25   Claims and actions.
62.26   General provisions.
62.50   Police and fire departments in 1st class cities.
62.51   Mayoral appointments in 1st class cities.
62.53   Real property used for school purposes; 1st class cities.
62.55   Requirements for surety bonds of officers and employees in 1st class cities.
62.57   Uniform salaries in 1st class cities.
62.59   Police authority to alderpersons in 1st class cities repealed.
62.61   Health insurance; 1st class cities.
62.62   Appropriation bonds for payment of employee retirement system liability in 1st class cities.
62.621   Agreements and ancillary arrangements for certain notes and appropriation bonds.
62.622   Employee retirement system liability financing in 1st class cities; additional powers.
62.623   Payment of contributions in an employee retirement system of a 1st class city.
62.624   Employee retirement system of a 1st class city; duty disability benefits for a mental injury.
62.63   Benefit funds for officers and employees of 1st class cities.
62.65   Death benefit payments to foreign beneficiaries.
62.67   Uninsured motorist coverage; 1st class cities.
62.69   First class city utilities.
62.71   Pedestrian malls in 1st class cities.
62.73   Discontinuance of public grounds.
subch. I of ch. 62 SUBCHAPTER I
62.01 62.01 Saving clause. That no inconvenience may arise by reason of change of government of cities from special charter to general charter, or by reason of the revision of the general charter law, it is declared that:
62.01(1) (1)All vested rights, pending actions and prosecutions, and existing judgments, claims, and contracts, both as to individuals and bodies corporate, shall continue as though no change had taken place.
62.01(3) (3)Ordinances in force, so far as not inconsistent herewith, shall continue in force until altered or repealed.
62.01(5) (5)Nothing herein shall change the time for paying taxes as provided in any special city charter until the council shall by ordinance change the same to conform to general law.
62.02 62.02 Repeal of special charters. All special charters for cities of the 2nd, 3rd and 4th classes are hereby repealed and such cities are hereby incorporated under this subchapter. The city clerk shall forthwith certify the boundaries of such city to the secretary of administration, who shall file the same and issue to such city a certificate of incorporation as of the date when this subchapter became effective, and record the same.
62.02 History History: 1977 c. 151; 2015 a. 55.
62.03 62.03 First class cities excepted.
62.03(1)(1)This subchapter, except ss. 62.071, 62.08 (1), 62.09 (1) (e) and (11) (j) and (k), 62.175, 62.23 (7) (em) and (he) and 62.237, does not apply to 1st class cities under special charter.
62.03(2) (2)Any such city may adopt by ordinance this subchapter or any section or sections thereof, which when so adopted shall apply to such city.
62.03(3) (3)The revision of the general charter law by chapter 242, laws of 1921 shall not affect the application of any provisions of the general charter previously adopted by any 1st class city under special charter, but such provisions shall as to such cities retain the same force and application as they had before the enactment of chapter 242, laws of 1921.
62.03 Annotation Milwaukee can adopt less than a statute “section," from this chapter. State ex rel. Cortez v. Board of Fire & Police Commissioners, 49 Wis. 2d 130, 181 N.W.2d 378 (1970).
62.03 Annotation The city of Milwaukee cannot, by charter ordinance, adopt s. 62.13 (5) (b) since s. 62.13 deals with a subject of state-wide concern; it cannot do so under this section since that requires the adoption of whole sections. 58 Atty. Gen. 59.
62.04 62.04 Intent and construction. It is declared to be the intention of the revision of the city charter law, to grant all the privileges, rights and powers, to cities which they heretofore had unless the contrary is patent from the revision. For the purpose of giving to cities the largest measure of self-government compatible with the constitution and general law, it is hereby declared that ss. 62.01 to 62.26 shall be liberally construed in favor of the rights, powers and privileges of cities to promote the general welfare, peace, good order and prosperity of such cities and the inhabitants thereof.
62.05 62.05 Classes of cities.
62.05(1)(1)Cities shall be divided into 4 classes for administration and the exercise of corporate powers as follows:
62.05(1)(a) (a) Cities of 150,000 population and over shall constitute 1st class cities.
62.05(1)(b) (b) Cities of 39,000 and less than 150,000 population shall constitute 2nd class cities.
62.05(1)(c) (c) Cities of 10,000 and less than 39,000 population shall constitute 3rd class cities.
62.05(1)(d) (d) Cities of less than 10,000 population shall constitute 4th class cities.
62.05(2) (2)Population of cities shall be determined by the last federal census, including a special federal census taken of such city, except in newly incorporated cities when a census is taken as provided by law. Cities shall pass from one class to another when such census shows that the change in population so requires, when provisions for any necessary changes in government are duly made, and when a proclamation of the mayor, declaring the fact, is published according to law.
62.05 History History: 1995 a. 225; 1997 a. 35.
62.05 Cross-reference Cross-reference: See s. 990.001 (15), which provides that “If a statute refers to a class of city specified under s. 62.05 (1), such reference does not include any city with a population which makes the city eligible to be in that class unless the city has taken the actions necessary to pass into the class under s. 62.05 (2)".
62.071 62.071 Annexations to cities of the first class.
62.071(1)(1)Except as provided in subs. (3) and (4), no petition for annexation to a city operating its schools under ch. 119 shall be considered which will result in detachment of more than 20 percent of the equalized value of a school district. Upon receipt of a petition for annexation the city clerk shall determine in the following manner whether the proposed annexation will result in such detachment. The equalized value of the school district shall be determined as of the date of filing the petition for annexation. The city clerk shall add to the equalized value of the territory proposed to be annexed, as of the date of filing the petition for annexation, the equalized value as of the date of such detachment of any territory detached within the 3 years previous to the filing of the annexation petition from the district in any manner, and the city clerk shall certify a copy of his or her determination to the school district clerk and the secretary of the school district boundary appeal board. If the total of such value exceeds 20 percent of the equalized value of the district as of the date of filing the annexation petition, the proposed annexation shall not occur except as provided in subs. (3) and (4). All equalized values shall be determined by the department of revenue upon application by the city clerk. When more than one school district is involved in a proposed annexation, a separate determination shall be made for each district involved.
62.071(2) (2)If the common council wishes to consider the annexation petition, it shall direct the city clerk to notify the clerk of each school district concerned and the secretary of the school district boundary appeal board that a petition for annexation, which will result in detachment of more than 20 percent of a school district, has been filed. Such notice shall be in writing and shall describe the territory proposed to be annexed and name the school district or districts from which it will be detached.
62.071(3) (3)If the area to be annexed by such proposal includes more than 20 percent of the equalized valuation of a district, as determined by sub. (1), then the electors residing in the remainder of such school district not included in the annexation petition shall be afforded an opportunity to determine whether such remaining area of the district shall be included with the area proposed to be annexed in the following manner. The school district clerk shall, within 20 days of receipt of the report from the city clerk, call a special meeting of the district according to s. 120.08 (2) for the purpose of voting on the question: “Shall the remainder of .... School District No. .... of the .... be included in the territory and petition for annexation to the City of ....?".
If the referendum at the special district meeting is decided in the affirmative, such remaining school district area shall be included within the coverage of the description in the annexation proposal and the annexation petition shall thereupon, without further notice, be considered amended to include all territory of the school district and s. 66.0217 shall be complied with for the entire area.
62.071(4) (4)If the vote at the school district referendum is negative, the annexation proceedings on the original petition may continue in the same manner as if less than 20 percent of the district had been involved in the original petition.
62.075 62.075 Detachment of farm lands from cities.
62.075(1)(1)Procedure. When land used for agricultural purposes of an area of 200 acres or more contiguous to the boundary of any city, whether of one or more farms, which shall have been within the corporate limits of such city for 20 years or more, and during all of said time shall have been used exclusively for agricultural purposes, the circuit court of the county in which such land is situated shall enter judgment detaching such land from such city and annexing it to an adjoining town or towns, if the provisions of this section shall have been complied with. Such detachment and annexation thereof shall become effective for all purposes on the first day of January next thereafter, and the procedure therefor shall be substantially as provided in subs. (3) and (4). There shall be no adjustment, assignment and transfer of assets and liabilities under s. 66.0235, but the detached territory shall continue to pay its proportional share, based on assessed valuation, of the bonded indebtedness of the city at the time of detachment.
62.075(2) (2)Land eligible; “owner" defined. No owner shall be eligible to sign a petition for the detachment of any such territory unless that owner is the owner of a parcel of land comprising at least 20 acres. No such land shall be detached from any city unless the remaining territory of said city shall be left reasonably compact and the boundaries thereof left substantially regular; provided, that such determination shall be made without regard to the existence of railroad rights-of-way, public utility easements or public or private highways traversing any part of such lands and remaining within such city. No lands shall be eligible for detachment where any public improvements have been extended to or installed for the benefit of such lands. As used in this section, “owner" means the holder of record of an estate in possession in fee simple, or for life, in land or real property, or a vendee of record under a land contract for the sale of an estate in possession in fee simple or for life but does not include the vendor under a land contract. A tenant in common or joint tenant shall be considered such owner to the extent of that person's interest.
62.075(3) (3)Hearing; notice. When the owner or owners of all of the said lands of any such area file a verified petition in the office of the clerk of said court, setting forth the facts in accordance with subs. (1) and (2), the court shall make an order fixing the time of hearing thereof, which shall not be less than 60 nor more than 90 days thereafter, and at least 40 days prior to said time fixed, notice of hearing of such petition shall be served on such city, town or towns and all owners found in this state of any land in such area, in the manner prescribed in s. 801.12 for the service of a summons. Said notice shall be in substantially the following form:
Notice is hereby given that the petition of .... will be heard by the circuit court of .... County, at the court house, in the city of ...., Wisconsin, on the .... day of ...., .... (year), at .... M., or as soon thereafter as counsel can be heard. That said petition prays for the detachment of the following area of land from the city of .... and annexation to the town of ...., in accordance with section 62.075 of the Wisconsin statutes, which area of land is described as follows:
Dated ....
2017-18 Wisconsin Statutes updated through 2019 Wis. Act 186 and through all Supreme Court and Controlled Substances Board Orders filed before and in effect on August 1, 2020. Published and certified under s. 35.18. Changes effective after August 1, 2020, are designated by NOTES. (Published 8-1-20)