AB202: Bill Text

AB202,5,20 6. A city or village.

AB202,5,23 (c) The town provides law enforcement services, 24 hours a day, by establishing a town police department or by creating a joint police department with another city, village or town under s. 60.56.

AB202, s. 3 Section 3. 60.23 (32) of the statutes is created to read:

AB202,6,4 60.23 (32) Town tax increment powers. Exercise all powers of cities under s. 66.46. If the town board exercises the powers of a city under s. 66.46, it is subject to the same duties as a common council under s. 66.46 and the town is subject to the same duties and liabilities as a city under s. 66.46.

AB202, s. 4 Section 4. 60.61 (2) (intro.) of the statutes is amended to read:

AB202,6,9 60.61 (2) Extent of authority. (intro.) Subject If a town board revokes its approval of a county zoning ordinance under s. 60.225 (3) (a) 2. or, subject to subs. (3) and (3m), if a town is located in a county which has not enacted a county zoning ordinance under s. 59.69, the town board, by ordinance, may:

AB202, s. 5 Section 5. 60.61 (3) (intro.) of the statutes is amended to read:

AB202,6,15 60.61 (3) Exercise of authority. (intro.) Before exercising authority under sub. (2), the town board of a town that is located in a county which has not adopted a county zoning ordinance under s. 59.69 shall petition the county board to initiate, at any regular or special meeting, action to enact a county zoning ordinance under s. 59.69. The town board may proceed under sub. (2) if:

AB202, s. 6 Section 6. 60.62 (2) of the statutes is amended to read:

AB202,6,22 60.62 (2) If the county in which the town is located has enacted a zoning ordinance under s. 59.69, the exercise of the authority under sub. (1) is subject to approval by the town meeting or by a referendum vote of the electors of the town held at the time of any regular or special election, except that this subsection does not apply if a town board revokes its approval of a county zoning ordinance under s. 60.225 (3) (a) 2.

AB202, s. 7 Section 7. 60.62 (3) of the statutes is amended to read:

AB202,7,2 60.62 (3) In counties having a county zoning ordinance, no zoning ordinance or amendment of a zoning ordinance may be adopted under this section unless approved by the county board, except that this subsection does not apply if a town board revokes its approval of a county zoning ordinance under s. 60.225 (3) (a) 2.

AB202, s. 8 Section 8. 62.23 (7a) (a) of the statutes is amended to read:

AB202,7,23 62.23 (7a) (a) Extraterritorial zoning jurisdiction means the unincorporated area, except as provided in s. 60.225 (3) (b), within 3 miles of the corporate limits of a first, second or third class city, or 1 1/2 miles of a fourth class city or a village. Wherever extraterritorial zoning jurisdictions overlap, the provisions of s. 66.32 shall apply and any subsequent alteration of the corporate limits of the city by annexation, detachment or consolidation proceedings shall not affect the dividing line as initially determined under s. 66.32. The governing body of the city shall specify by resolution the description of the area to be zoned within its extraterritorial zoning jurisdiction sufficiently accurate to determine its location and such area shall be contiguous to the city. The boundary line of such area shall follow government lot or survey section or fractional section lines or public roads, but need not extend to the limits of the extraterritorial zoning jurisdiction. Within 15 days of the adoption of the resolution the governing body shall declare its intention to prepare a comprehensive zoning ordinance for all or part of its extraterritorial zoning jurisdiction by the publication of the resolution in a newspaper having general circulation in the area proposed to be zoned, as a class 1 notice, under ch. 985. The city clerk shall mail a certified copy of the resolution and a scale map reasonably showing the boundaries of the extraterritorial jurisdiction to the clerk of the county in which the extraterritorial jurisdiction area is located and to the town clerk of each town, any part of which is included in such area.

AB202, s. 9 Section 9. 66.021 (2) (intro.) of the statutes is amended to read:

AB202,8,3 66.021 (2) Methods of annexation. (intro.) Subject to s. 66.023 (7) and except as provided in s. 60.225 (4), territory contiguous to any city or village may be annexed thereto in the following ways:

AB202, s. 10 Section 10. 66.024 (intro.) of the statutes is amended to read:

AB202,8,9 66.024 Annexation by referendum; court order. (intro.) As a complete alternative to any other annexation procedure, and subject to s. 66.023 (7) and except as provided in s. 60.225 (4), unincorporated territory which contains electors and is contiguous to a city or village may be annexed thereto in the manner hereafter provided. The definitions in s. 66.021 (1) shall apply to this section.

AB202, s. 11 Section 11. 66.025 of the statutes is amended to read:

AB202,8,24 66.025 Annexation of owned territory. In addition to other methods provided by law and subject to ss. 59.692 (7) and 66.023 (7) and except as provided in s. 60.225 (4), territory owned by and lying near but not necessarily contiguous to a village or city may be annexed to a village or city by ordinance enacted by the board of trustees of the village or the common council of the city, provided that in the case of noncontiguous territory the use of the territory by the city or village is not contrary to any town or county zoning regulation. The ordinance shall contain the exact description of the territory annexed and the names of the towns from which detached, and shall operate to attach the territory to the village or city upon the filing of 6 certified copies thereof in the office of the secretary of state, together with 6 copies of a plat showing the boundaries of the territory attached. Two copies of the ordinance and plat shall be forwarded by the secretary of state to the department of transportation, one copy to the department of natural resources, one copy to the department of revenue and one copy to the department of public instruction.

AB202, s. 12 Section 12. 66.32 of the statutes is amended to read:

AB202,9,10 66.32 Extraterritorial powers. The extraterritorial powers granted to cities and villages by statute, including ss. 30.745, 62.23 (2) and (7a), 66.052, 236.10 and 254.57, may not be exercised within the corporate limits of another city or village and may not be exercised within the corporate limits of a town whose board has adopted a resolution under s. 60.225 (1) unless a majority of the votes cast in the ratification vote on the resolution do not approve the resolution. Wherever these statutory extraterritorial powers overlap, the jurisdiction over the overlapping area shall be divided on a line all points of which are equidistant from the boundaries of each municipality concerned so that not more than one municipality shall exercise power over any area.

AB202, s. 13 Section 13. 70.99 (8) of the statutes is amended to read:

AB202,9,19 70.99 (8) Each city, town and village assessor duly appointed or elected and qualified to make the assessment for a city, town or village shall continue in office for all purposes of completing the functions of assessor with respect to such current year's assessment, but is divested of all authority in respect to the January 1 assessment that comes under the jurisdiction of the county assessor , except that a town assessor of any charter town under s. 60.225 is not divested of his or her authority under this subsection and a county assessor does not have jurisdiction in a charter town.

AB202, s. 14 Section 14. 236.02 (5) of the statutes is amended to read:

AB202,9,24 236.02 (5) "Extraterritorial plat approval jurisdiction" means the unincorporated area, except as provided in s. 60.225 (3) (b), within 3 miles of the corporate limits of a first, second or third class city, or 1 1/2 miles of a fourth class city or a village.

AB202, s. 15 Section 15. Laws of 1975, chapter 105, section 1 (1) and (2) are amended to read:

AB202,10,13 [Laws of 1975, chapter 105] Section 1 (1) The legislature finds that the existing system of allocating aggregate property tax revenues among tax levying municipalities has resulted in significant inequities and disincentives. The cost of public works or improvements within a city, town or village has been borne entirely by the city, town or village, while the expansion of tax base which is stimulated, directly or indirectly, by such improvements, benefits not only the city, town or village but also all municipalities which share such tax base. This situation is inequitable. Moreover, when the cost to a city, town or village of a public improvement project exceeds the future benefit to the city, town or village resulting therefrom, the city, town or village may decide not to undertake such project. This situation has resulted in the postponement or cancellation of socially desirable projects.

AB202,10,19 (2) The legislature further finds that accomplishment of the vital and beneficial public purposes of sections 66.405 to 66.425, 66.43, 66.431, 66.435 and 66.52 of the statutes, is being frustrated because of a lack of incentives and financial resources. The purpose of this act is to create a viable procedure by which a city or, village or town, through its own initiative and efforts, may finance projects which will tend to accomplish these laudable objectives.

AB202,10,20 (End)