AB710,36,20
8(4) First village or city election. (a) Within 10 days after incorporation of
9the village or city, the clerk of the circuit court with whom the petition was filed shall
10fix a time for the first election, and where appropriate designate the polling place or
11places, and name 3 inspectors of election for each place. The time for the election
12shall be fixed no less than 40 nor more than 50 days after the date of the certificate
13of incorporation issued by the secretary of state, irrespective of any other provision
14in the statutes. Nomination papers shall conform to ch. 8
insofar as to the extent 15applicable.
Such Nomination papers shall be signed by not less than 5% nor more
16than 10% of the total votes cast at the referendum election, and be filed no later than
1715 days before the time fixed for the election. Ten days' previous notice of the election
18shall be given by the clerk of the circuit court by publication in the newspapers
19selected under s.
66.018 66.0211 (2) and by posting notices in 3 public places in
such 20the village or city, but failure to give
such notice
shall does not invalidate the election.
AB710,37,521
(b) The election shall be conducted as prescribed by ch. 6, except that no
22registration of voters
shall may be required. The inspectors shall make returns to
23the clerk of the circuit court who shall, within one week after
such the election,
24canvass the returns and declare the result. The clerk shall notify the officers-elect
25and issue certificates of election. If the first election is on the first Tuesday in April
1the officers
so elected and their appointees shall commence and hold their offices as
2for a regular term. Otherwise they shall commence within 10 days and hold their
3offices until the regular village or city election and the qualification of their
4successors and the terms of their appointees
shall expire as soon as successors
5qualify.
AB710,37,13
6(5) Taxes levied before incorporation; how collected and divided. Whenever 7If a village or city is incorporated
from territory within any town or towns, after the
8assessment of taxes in any year and before the collection of
such the taxes, the tax
9so assessed shall be collected by the town treasurer of the town or the town treasurers
10of the different towns of which
such the village or city formerly constituted a part,
11and all moneys collected from the tax levied for town purposes shall be divided
12between the village or city and the town or the towns, as provided by s.
66.03 66.0235 13(13) (a) 1., for the division of property owned jointly by towns and villages.
AB710,38,4
14(6) Reorganization of city as village. If the population of
the any city falls
15below 1,000 as determined by the United States census, the council may upon filing
16of a petition conforming to the requirements of s. 8.40 containing the signatures of
17at least 15% of the electors submit at any general or city election the question
18whether the city shall reorganize as a village. If three-fifths of the votes cast on the
19question are for reorganization the mayor and council shall record the return in the
20office of the register of deeds
and, file a certified copy with the clerk of the circuit
21court, and
shall immediately call an election, to be conducted as are village elections,
22for the election of village officers. Upon the qualification of
such the officers, the
23board of trustees shall declare the city reorganized as a village, and the
24reorganization
shall be effected is effective. The clerk shall certify a copy of the
25declaration to the secretary of state who shall file the declaration and endorse a
1memorandum
thereof of the declaration on the record of the certificate of
2incorporation of the city. Rights and liabilities of the city
shall continue in favor of
3or against the village. Ordinances, so far as within the power of the village,
shall 4remain in force until changed.
Note: Expands the scope of sub. (6) to include any city, not just a city
incorporated under ss. 66.013 to 66.019 (renumbered ss. 66.0201 to 66.0213), by
changing the reference to "the" city to "any" city.
AB710, s. 42
5Section
42. 66.02 of the statutes is renumbered 66.0229 and amended to read:
AB710,39,6
666.0229 Consolidation. Subject to s.
66.023 66.0307 (7),
any a town, village
7or city may be consolidated with a contiguous town, village or city, by ordinance,
8passed by a two-thirds vote of all the members of each board or council, fixing the
9terms of the consolidation and ratified by the electors at a referendum held in each
10municipality. The ballots shall bear the words, "for consolidation", and "against
11consolidation", and if a majority of the votes cast
thereon in each municipality are
12for consolidation, the ordinances shall
then be in
take effect and have the force of a
13contract. The ordinance and the result of the referendum shall be certified as
14provided in s.
66.018 66.0211 (5); if a town the certification shall be preserved as
15provided in ss.
60.03 and 66.018 66.0211 (5)
and 66.0235, respectively. Consolidation
16shall does not affect the preexisting rights or liabilities of any municipality and
17actions
thereon on those rights or liabilities may be commenced or completed as
18though if there were no consolidation
had been effected. Any. A consolidation
19ordinance proposing the consolidation of a town and another municipality shall,
20within 10 days after its adoption and prior to its submission to the voters for
21ratification at a referendum, be submitted to the circuit court and the department
22of administration for a determination whether
such
the proposed consolidation is in
23the public interest. The circuit court shall determine whether the proposed
1ordinance meets the formal requirements of this section and shall then refer the
2matter to the department of administration, which shall find as prescribed in s.
366.014 66.0203 whether the proposed consolidation is in the public interest in
4accordance with the standards in s.
66.016 66.0207. The department's findings
shall 5have the same status as incorporation findings under ss.
66.014 66.0203 to
66.019 666.0213.
AB710, s. 43
7Section
43. Subchapter II (title) of chapter 66 [precedes 66.0201] of the
8statutes is created to read:
AB710,39,1210
Subchapter II
11
Incorporation;
12
Municipal Boundaries
AB710, s. 44
13Section
44. 66.021 (title) of the statutes is renumbered 66.0217 (title) and
14amended to read:
AB710,39,16
1566.0217 (title)
Annexation of territory initiated by electors and
16property owners.
AB710, s. 45
17Section
45. 66.021 (1) (intro.) and (a) of the statutes are renumbered 66.0217
18(1) (intro.) and (a).
AB710, s. 46
19Section
46. 66.021 (1) (am) to (e) of the statutes are renumbered 66.0217 (1)
20(c) to (g), and 66.0217 (1) (d), (e) and (f), as renumbered, are amended to read:
AB710,39,2521
66.0217
(1) (d) "Owner" means the holder of record of an estate in possession
22in fee simple, or for life, in land or real property, or a vendee of record under a land
23contract for the sale of an estate in possession in fee simple or for life but does not
24include the vendor under a land contract. A tenant in common or joint tenant
shall
25be considered such is an owner to the extent of his or her interest.
AB710,40,2
1(e) "Petition" includes the original petition and any counterpart
thereof of the
2original petition.
AB710,40,33
(f) "Real property" means land and the improvements
thereon to the land.
AB710, s. 47
4Section
47. 66.021 (2) of the statutes is renumbered 66.0217 (3), and 66.0217
5(3) (intro.) and (a) (title), as renumbered, are amended to read:
AB710,40,86
66.0217
(3) Methods
Other methods of annexation. (intro.) Subject to s.
766.023 66.0307 (7), territory contiguous to
any a city or village may be annexed
8thereto to the city or village in the following ways:
AB710,40,99
(a) (title)
Direct annexation by one-half approval.
AB710, s. 48
10Section
48. 66.021 (2m) (title) of the statutes is repealed.
AB710, s. 49
11Section
49. 66.021 (2m) of the statutes is renumbered 66.0217 (10) (b) and
12amended to read:
AB710,40,1513
66.0217
(10) (b)
Whenever For purposes of this section, if a number of electors
14cannot be determined on the basis of reported election statistics, the number shall
15be determined in accordance with s. 60.74 (6).
AB710, s. 50
16Section
50. 66.021 (3) of the statutes is renumbered 66.0217 (4), and 66.0217
17(4) (title), (a) (intro.) and (b), as renumbered, are amended to read:
AB710,40,2118
66.0217
(4) (title)
Notice of proposed annexation. (a) (intro.)
The An 19annexation
under sub. (3) shall be initiated by publishing in the territory proposed
20for annexation a class 1 notice, under ch. 985, of intention to circulate an annexation
21petition. The notice shall contain:
AB710,41,322
(b) The person who
causes has the notice
to be published shall serve a copy of
23the notice, within 5 days after its publication, upon the clerk of each municipality
24affected, upon the clerk of each school district affected and upon each owner of land
25in a town if that land will be in a city or village after the annexation.
Such service
1Service may be either by personal service or by
registered certified mail with return
2receipt requested.
If required under sub. (6) (a), a copy of the notice shall be mailed
3to the department as provided in that paragraph.
Note: Revises the required service of notice of intention to circulate an
annexation petition to include the method of certified mail, rather than
registered mail. Certified mail is less expensive than registered mail and there
appears to be no policy reason to require registered mail.
AB710, s. 51
4Section
51. 66.021 (4) of the statutes is renumbered 66.0217 (5) and amended
5to read:
AB710,41,136
66.0217
(5) Petition
Annexation petition. (a)
The An annexation petition
7under this section shall state the purpose of the petition, contain a legal description
8of the territory proposed to be annexed and have attached
thereto a scale map. The
9petition shall also specify the population
, as defined in s. 66.013 (2) (b), of the
10territory.
In this paragraph, "population" means the population of the territory as
11shown by the last federal census, by any subsequent population estimate certified
12as acceptable by the department or by an actual count certified as acceptable by the
13department.
Note: In addition to the current methods, authorizes the population of the
territory to be determined by an actual count, certified as acceptable by the
department.
AB710,41,1614
(b) No person who has signed a petition
shall be permitted to may withdraw
15his or her name
therefrom from the petition. No additional signatures
shall may be
16added after a petition is filed.
AB710,41,2017
(c) The circulation of the petition shall commence not less than 10 days nor
18more than 20 days after the date of publication of the notice of intention to circulate.
19The annexation petition
shall be is void unless filed within 6 months of the date of
20publication of the notice.
AB710, s. 52
1Section
52. 66.021 (5) of the statutes is renumbered 66.0217 (7) and amended
2to read:
AB710,42,83
66.0217
(7) Referendum. (a)
Notice. 1. Within 60 days after the filing of the
4petition
under sub. (3), the common council or village board may accept or reject the
5petition and if rejected no further action
shall
may be taken
thereon on the petition.
6Acceptance may consist of adoption of an annexation ordinance. Failure to reject the
7petition
shall obligate obligates the city or village to pay the cost of any referendum
8favorable to annexation.
AB710,42,15
92. If the petition is not rejected the clerk of the city or village with whom the
10annexation petition is filed shall give written notice
thereof of the petition by
11personal service or registered mail with return receipt requested to the clerk of any
12town from which territory is proposed to be detached and shall give like notice to any
13person who files a written request
therefor with the clerk.
Such The notice shall
14indicate whether the petition is for direct annexation or whether it requests a
15referendum on the question of annexation.
AB710,43,5
163. If the notice indicates that the petition is for a referendum on the question
17of annexation, the town clerk shall give notice as provided in par. (c) of a referendum
18of the electors residing in the area proposed for annexation to be held within 30 days
19after the date of personal service or mailing of the notice required under this
20paragraph. If the notice indicates that the petition is for direct annexation, no
21referendum shall be held unless
, within 30 days after the date of personal service or
22mailing of the notice required under this paragraph, a petition conforming to the
23requirements of s. 8.40 requesting a referendum is filed with the town clerk signed
24by at least 20% of the electors residing in the area proposed to be annexed. If
such 25a petition
requesting a referendum is filed, the clerk shall give notice as provided in
1par. (c) of a referendum of the electors residing in the area proposed for annexation
2to be held within 30 days of the receipt of the petition and shall mail a copy of
such 3the notice to the clerk of the city or village to which the annexation is proposed.
Any 4The referendum shall be held at
some
a convenient place within the town to be
5specified in the notice.
AB710,43,116
(b)
Clerk to act. If more than one town is involved, the city or village clerk shall
7determine as nearly as is practicable which town contains the most electors in the
8area proposed to be annexed and shall indicate in the notice required under par. (a)
9such that determination. The clerk of the town so designated shall perform the
10duties required
hereunder under this subsection and the election shall be conducted
11in
such the town as are other elections
conducted therein.
AB710,43,1412
(c)
Publication of notice. The notice shall be published in a newspaper of
13general circulation in the area proposed to be annexed on the publication day next
14preceding the referendum election and one week prior to
such that publication.
AB710,43,2015
(d)
How conducted. The referendum shall be conducted by the town election
16officials but the town board may reduce the number of
such election officials for that
17election. The ballots shall contain the words "For annexation" and "Against
18annexation" and shall otherwise conform to the provisions of s. 5.64 (2). The election
19shall be conducted as are other town elections in accordance with chs. 6 and 7
insofar
20as to the extent applicable.
AB710,44,221
(e)
Canvass; statement to be filed. The election inspectors shall make a
22statement of the holding of the election showing the whole number of votes cast, and
23the number cast for and against annexation, attach
thereto their affidavit
to the
24statement and immediately file it in the office of the town clerk. They shall file a
1certified statement of the results in the office of the clerk of each other municipality
2affected.
AB710,44,63
(f)
Costs. If the referendum is against annexation, the costs of the election shall
4be borne by the towns involved in the proportion that the number of electors of each
5town within the territory proposed to be annexed, voting in the referendum, bears
6to the total number of electors in
such that territory, voting in the referendum.
AB710,44,107
(g)
Effect. If the result of the referendum is against annexation, all previous
8proceedings
shall be are nullified. If the result of the referendum is for annexation,
9failure of any town official to perform literally any duty required by this section
shall 10does not invalidate the annexation.
AB710, s. 53
11Section
53. 66.021 (6) (title) of the statutes is renumbered 66.0217 (10) (title)
12and amended to read:
AB710,44,1413
66.0217
(10) (title)
Qualifications
of electors and owners; elector
14determination.
AB710, s. 54
15Section
54. 66.021 (6) of the statutes is renumbered 66.0217 (10) (a) and
16amended to read:
AB710,44,2217
66.0217
(10) (a)
Qualifications Under this section, qualifications as to electors
18and owners shall be determined as of the date of filing
any a petition, except that all
19qualified electors residing in the territory proposed for annexation on the day of
the
20conduct of a referendum election
shall be entitled to may vote
therein in the election.
21Residence and ownership
must shall be bona fide and not acquired for the purpose
22of defeating or invalidating the annexation proceedings.
AB710, s. 55
23Section
55. 66.021 (7) (title), (a), (b) and (d) of the statutes are renumbered
2466.0217 (8) (title), (a), (b) and (c), and 66.0217 (8) (a) and (c), as renumbered, are
25amended to read:
AB710,45,16
166.0217
(8) (a) An ordinance for the annexation of the territory described in the
2annexation petition
under sub. (3) may be enacted by a two-thirds vote of the elected
3members of the governing body not less than 20 days after the publication of the
4notice of intention to circulate the petition and not later than 120 days after the date
5of filing with the city or village clerk of the petition for annexation or of the
6referendum election if favorable to the annexation. If the annexation is subject to
7sub.
(11) (6) the governing body shall first review the reasons given by the
8department
of administration that the proposed annexation is against the public
9interest. Subject to s. 59.692 (7),
such an ordinance
under this subsection may
10temporarily designate the classification of the annexed area for zoning purposes
11until the zoning ordinance is amended as prescribed in s. 62.23 (7) (d). Before
12introduction of an ordinance containing
such a temporary classification, the
13proposed classification shall be referred to and recommended by the plan
14commission. The authority to make
such a temporary classification
shall is not
be 15effective when the county ordinance prevails during litigation as provided in s. 59.69
16(7).
AB710,45,2017
(c) The annexation
shall be is effective upon enactment of the annexation
18ordinance. The board of school directors in
any city of the first a 1st class
shall
city
19is not
be required to administer the schools in any territory annexed to
any such the 20city until July 1 following
such the annexation.
AB710, s. 56
21Section
56. 66.021 (8) of the statutes is renumbered 66.0217 (9) and amended
22to read:
AB710,46,1223
66.0217
(9) Filing requirements; surveys. (a) The clerk of a city or village
24which has annexed territory shall file immediately with the secretary of state a
25certified copy of the ordinance, certificate and plat, and shall send one copy to each
1company that provides any utility service in the area that is annexed. The clerk shall
2also record the ordinance with the register of deeds and file a signed copy of the
3ordinance with the clerk of any affected school district. Failure to file, record or send
4shall does not invalidate the annexation and the duty to file, record or send
shall be 5is a continuing one. The ordinance that is filed, recorded or sent shall describe the
6annexed territory and the associated population. The information filed with the
7secretary of state shall be utilized in making recommendations for adjustments to
8entitlements under the federal revenue sharing program and distribution of funds
9under ch. 79. The clerk shall certify annually to the secretary of state and record with
10the register of deeds a legal description of the total boundaries of the municipality
11as those boundaries existed on December 1, unless there has been no change in the
1212 months preceding.
AB710,46,1913
(b) Within 10 days of receipt of the ordinance, certificate and plat, the secretary
14of state shall forward 2 copies of the ordinance, certificate and plat to the department
15of transportation, one copy to the department of administration, one copy to the
16department of revenue, one copy to the department of public instruction, one copy
17to the department
of commerce, one copy to the department of natural resources, one
18copy to the department of agriculture, trade and consumer protection and 2 copies
19to the clerk of the municipality from which the territory was annexed.
AB710,46,2420
(c) Any city or village may direct a survey of its present boundaries to be made,
21and when properly attested the survey and plat may be filed in the office of the
22register of deeds in the county in which the city or village is located
, whereupon.
23Upon filing, the survey and plat
shall be are prima facie evidence of the facts
therein 24set forth
in the survey and plat.
AB710, s. 57
1Section
57. 66.021 (9) of the statutes is renumbered 66.0217 (12) and amended
2to read:
AB710,47,63
66.0217
(12) Validity of plats.
Where any If an annexation is declared invalid
4but
prior to such before the declaration and subsequent to
such the annexation a plat
5has been is submitted and
has been is approved as required in s. 236.10 (1) (a),
such 6the plat
shall be deemed is validly approved despite the invalidity of the annexation.
AB710, s. 58
7Section
58. 66.021 (10) of the statutes is renumbered 66.0217 (11), and
866.0217 (11) (title) and (a), as renumbered, are amended to read:
AB710,47,149
66.0217
(11) (title)
Action to contest annexation. (a) An action on any
10grounds
whatsoever, whether
denominated procedural or jurisdictional, to contest
11the validity of an annexation shall be commenced within the time after adoption of
12the annexation ordinance provided by s. 893.73 (2).
During the action, the
13application of, and jurisdiction over, any county zoning in the area annexed is as
14provided under s. 59.69 (7).
Note: A cross-reference to s. 59.69 (7) is added for convenience.
AB710, s. 59
15Section
59. 66.021 (11) of the statutes is renumbered 66.0217 (6), and 66.0217
16(6) (title), (a) and (c) (intro.), as renumbered, are amended to read:
AB710,48,717
66.0217
(6) (title)
Review
Department review of annexations. (a)
Annexations
18within populous counties. No annexation proceeding within a county having a
19population of 50,000 or more
shall be is valid unless the person
causing publishing 20a notice of annexation
to be published under sub.
(3) shall within 5 days of the
21publication mail (4) mails a copy of the notice
, legal description and a scale map of
22the proposed annexation to the clerk of each municipality affected and the
23department
of administration within 5 days of the publication. The department may
24within 20 days after receipt of the notice mail to the clerk of the town within which
1the territory lies and to the clerk of the proposed annexing village or city a notice that
2in its opinion the annexation is against the public interest
. No later than 10 days
3after mailing the notice, the department shall advise the clerk of the town in which
4the territory is located and the clerk of the village or city to which the annexation is
5proposed and that advises the clerks of the reasons the annexation is against the
6public interest as defined in par. (c). The annexing municipality shall review the
7advice before final action is taken.
Note: 1. Eliminates, as redundant, reference to mailing a copy of the legal
description and scale map since the description and map are a required content
of the notice under renumbered sub. (4) (a) [former sub. (3) (a)].
2. Eliminates, as unnecessary, the additional 10 days currently allowed the
department of administration to give its reason for determining that a proposed
annexation is against the public interest after it gives notice of that
determination.
AB710,48,108
(c)
Definition of public interest. (intro.) For purposes of this subsection "public
9interest" is determined by the department
of administration after consideration of
10the following:
AB710, s. 60
11Section
60. 66.021 (12) of the statutes is renumbered 66.0217 (2) and amended
12to read:
AB710,49,413
66.0217
(2) Unanimous
Direct annexation by unanimous approval. If a
14petition for direct annexation signed by all of the electors residing in the territory and
15the owners of all of the real property in the territory is filed with the city or village
16clerk, and with the town clerk of the town or towns in which the territory is located,
17together with a scale map and a legal description of the property to be annexed, an
18annexation ordinance for the annexation of the territory may be enacted by a
19two-thirds vote of the elected members of the governing body of the city or village
20without compliance with the notice requirements of sub.
(3) (4). In
such annexations 21an annexation under this subsection, subject to sub.
(11) (6), the person filing the
1petition with the city or village clerk and the town clerk shall, within 5 days of the
2filing, mail a copy of the scale map and a legal description of the territory to be
3annexed to the department
of administration and the governing body shall review
4the advice of the department, if any, before enacting the annexation ordinance.
AB710, s. 61
5Section
61. 66.021 (13) of the statutes is repealed.
Note: Repeals as unnecessary a provision providing that the procedure for
annexation by unanimous approval under current s. 66.021 (12) does not
eliminate the required review by the department of administration of
annexations in counties over 50,000 population. The subsection on annexations
by unanimous approval [sub. (12)] expressly states that annexations under that
provision are subject to department of administration review.
AB710, s. 62
6Section
62. 66.021 (15) of the statutes is renumbered 66.0221 and amended
7to read:
AB710,50,6
866.0221 Annexation of and creation of town islands. Upon its own
9motion, a city or village by a two-thirds vote of the entire membership of its
10governing body may enact an ordinance annexing territory which comprises a
11portion of a town or towns and which was completely surrounded by territory of the
12city or village on December 2, 1973. The ordinance shall include all surrounded town
13areas except those exempt by mutual agreement of all of the governing bodies
14involved. The annexation ordinance shall contain a legal description of the territory
15and the name of the town or towns from which the territory is detached. Upon
16enactment of the ordinance, the city or village clerk immediately shall file 6 certified
17copies of the ordinance in the office of the secretary of state, together with 6 copies
18of a scale map. The secretary of state shall forward 2 copies of the ordinance and scale
19map to the department of transportation, one copy to the department of natural
20resources, one copy to the department of revenue and one copy to the department of
21administration. This
subsection section does not apply if the town island was created
22only by the annexation of a railroad right-of-way or drainage ditch. This
subsection
1section does not apply to land owned by a town government which has existing town
2government buildings located
thereon on the land. No town island may be annexed
3under this
subsection section if the island consists of over 65 acres or contains over
4100 residents.
Section 66.0217 (11) applies to annexations under this section. After
5December 2, 1973, no city or village may, by annexation, create a town area which
6is completely surrounded by the city or village.
AB710, s. 63
7Section
63. 66.021 (16) of the statutes is renumbered 66.0217 (13).
AB710, s. 64
8Section
64. 66.0217 (1) (b) of the statutes is created to read:
AB710,50,99
66.0217
(1) (b) "Department" means the department of administration.
AB710, s. 65
10Section
65
. 66.0217 (4) (a) 6. of the statutes is created to read:
AB710,50,1411
66.0217
(4) (a) 6. A statement that a copy of the scale map may be inspected
12at the office of the town clerk for the territory proposed to be annexed and the office
13of the city or village clerk for the city or village to which the territory is proposed to
14be annexed.
Note: Requires that the notice of intent to circulate an annexation petition
indicate that a copy of the scale map may be inspected in the town clerk's or city
or village clerk's office.
AB710, s. 66
15Section
66. 66.022 of the statutes is renumbered 66.0227 and amended to
16read:
AB710,50,19
1766.0227 Detachment of territory. Subject to s.
66.023 66.0307 (7), territory
18may be detached from
any a city or village and
be attached to
any
a city, village or
19town
, to which it is contiguous
, in the following manner as follows:
AB710,51,2
20(1) A petition signed by a majority of the owners of three-fourths of the taxable
21land in area within
such the territory
to be detached or, if there is no taxable land
22therein in the territory, by all owners of
such land
in the territory, shall be filed with
23the clerk of the city or village from which detachment is sought, within 120 days after
1the date of publication of a class 1 notice, under ch. 985, of intention to circulate a
2petition of detachment.
AB710,51,10
3(2) An ordinance detaching
such the territory may be enacted within 60 days
4after the filing of
such the petition, by
a vote of three-fourths of all the members of
5the governing body of the detaching city or village and its terms accepted within 60
6days after
such enactment, by an ordinance enacted by a vote of three-fourths of all
7the members of the governing body of the city, village or town to which
such the 8territory
shall be annexed is to be attached. The failure of
any a governing body to
9adopt the ordinance
as provided herein shall be deemed
under this subsection is a
10rejection of the petition and all proceedings
thereunder shall be are void.
AB710,52,4
11(3) The governing body of
any a city, village or town involved may, or if a petition
12conforming to the requirements of s. 8.40 signed by a number of qualified electors
13thereof equal to at least 5% of the votes cast for governor in the city, village or town
14at the last gubernatorial election, demanding a referendum
thereon, is presented to
15it within 30 days after the passage of either of the ordinances
herein provided for 16under sub. (2) shall,
cause the question to be submitted submit the question to the
17electors of the city, village or town whose electors petitioned
therefor for detachment,
18at a referendum election called for
such that purpose within 30 days after the filing
19of
such the petition, or after the enactment of either ordinance.
Whenever If a
20number of electors cannot be determined on the basis of reported election statistics,
21the number shall be determined in accordance with s. 60.74 (6). The governing body
22of the municipality shall appoint 3 election inspectors who
shall be are resident
23electors to supervise the referendum. The ballots shall contain the words "For
24Detachment" and "Against Detachment". The inspectors shall certify the results of
25the election by their
attached affidavits
annexed thereto and file a copy with the clerk
1of each town, village or city involved, and none of the ordinances
so provided for shall 2may take effect nor be in force unless a majority of the electors
shall approve the
same 3question. The referendum election shall be conducted in accordance with chs. 6 and
47
insofar as to the extent applicable.
AB710,52,13
5(4) Whenever any If an area which has been subject to a city or village zoning
6ordinance is detached from one municipality and attached to another
in accordance
7with under this section, the regulations imposed by
such the zoning ordinance
shall 8continue in effect and shall be enforced by the attaching city, village or town until
9changed by official action of the governing body of
such the municipality, except that
10if the detachment or attachment is contested in the courts, the zoning ordinance of
11the detaching municipality
shall prevail prevails, and
such the detaching city or
12village
shall have has jurisdiction over the zoning in the area affected until ultimate
13determination of the court action.
AB710,52,16
14(5) The ordinance, certificate and plat shall be filed and recorded in the same
15manner as
for annexations under s.
66.021 (8) 66.0217 (9) (a). The requirements for
16the secretary of state
shall be are the same as in s.
66.021 (8) 66.0217 (9) (b).
AB710,53,2
17(6) Because the creation of congressional, legislative, supervisory and
18aldermanic districts of equal population is a matter of statewide concern, any
19detachment action that affects a tract of land that is the subject of an ordinance
20enacted or resolution adopted by
any a city during the period from January 1, 1990,
21to April 1, 1991, or any later date, expressing an intent to not exercise the city's
22authority to annex territory before April 1, 1991, or the specified later date, taken
23by a municipality during the period beginning on April 1 of the year commencing
24after each federal decennial census of population and ending on June 30 of the year
25commencing after that census, is effective on July 1 of the year commencing after
1that census or at
such a later date as
may be specified in the detachment ordinance.
2This subsection first applies to detachments effective after March 31, 1991.
AB710, s. 67
3Section
67. 66.023 of the statutes is renumbered 66.0307, and 66.0307 (4) (c)
4and (10), as renumbered, are amended to read:
AB710,53,165
66.0307
(4) (c)
Comment on plan. Any person may comment on the plan during
6the hearing and may submit written comments before, at or within 20 days following
7the hearing. All comments shall be considered by each participating municipality.
8Any A county zoning agency under s. 59.69 (2) or regional planning commission
9whose jurisdiction includes any participating municipality shall comment in writing
10on the plan's effect on the master plan adopted by the regional planning commission
11under s.
66.945 66.0309 (9), or development plan adopted by the county board or
12county planning agency under s. 59.69 (3), and on the delivery of municipal services,
13and may comment on any other aspect of the plan.
Any
A county in the regional
14planning commission's jurisdiction may submit comments on the effect of the
15cooperative plan on the master plan adopted under s.
66.945 66.0309 (9) and on the
16delivery of county services or on any other matter related to the plan.
AB710,53,23
17(10) Boundary change ordinance; filing and recording requirements. A
18boundary change under a cooperative plan shall be accomplished by the enactment
19of an ordinance by the governing body designated to do so in the plan. The filing and
20recording requirements under s.
66.021 (8) 66.0217 (9) (a), as they apply to cities and
21villages under s.
66.021 (8) 66.0217 (9) (a), apply to municipalities under this
22subsection. The requirements for the secretary of state
shall be are the same as those
23required in s.
66.021 (8) 66.0217 (9) (a).
AB710, s. 68
24Section
68. 66.024 of the statutes is renumbered 66.0219, and 66.0219 (intro.),
25(1) to (3), (4) (a) and (b) and (5) to (9), as renumbered, are amended to read:
AB710,54,6
166.0219 Annexation by referendum; court order initiated by city or
2village. (intro.) As a complete alternative to any other annexation procedure, and
3subject to s.
66.023 66.0307 (7), unincorporated territory which contains electors and
4is contiguous to a city or village may be annexed
thereto in the manner hereafter
5provided to the city or village under this section. The definitions in s.
66.021 66.0217 6(1)
shall apply to this section.
AB710,54,24
7(1) Procedure for annexation. (a) The governing body of the city or village
8to which it is proposed to annex territory shall, by resolution adopted by two-thirds
9of the members-elect, declare its intention to apply to the circuit court for an order
10for an annexation referendum, and shall publish the resolution in a newspaper
11having general circulation in the area proposed to be annexed, as a class 1 notice,
12under ch. 985
, and shall cause to be made. The governing body shall prepare a scale
13map of
such the territory
to be annexed, showing it in relation to the annexing city
14or village. The resolution shall contain a description of the territory to be affected,
15sufficiently accurate to determine its location, the name of the municipalities
16directly affected and the name and post-office address of the municipal official
17causing responsible for the publication of the resolution
to be published. The person
18who causes the resolution to be published shall serve a. A copy of the resolution
19together with the scale map
shall be served upon the clerk of the town or towns from
20which the territory is to be detached within 5 days of the date of publication of the
21resolution.
Such service Service may be either by personal service or by registered
22mail and if by registered mail an affidavit
must
shall be on file with the annexing
23body indicating the date
said on which the resolution was mailed. The annexation
24shall be deemed is considered commenced upon publication of the resolution.