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.
AB710,55,6
1(b) Application to the circuit court shall be by petition subscribed by the officers
2designated by the governing body, and shall have attached
as a part thereof: the scale
3map, a certified copy of the resolution of the governing body and an affidavit of the
4publication and filing required under par. (a).
Such
The petition shall be filed in the
5circuit court not less than 30 days but no more than 45 days after the publication of
6the notice of intention.
AB710,55,15
7(2) Protest to court by electors; hearing. (a) If
, prior to the date set for
8hearing upon
such an application
filed under sub. (1) (b), there is filed with the court
9a petition signed by a number of qualified electors residing in the territory equal to
10at least a majority of the votes cast for governor in the territory at the last
11gubernatorial election or the owners of more than one-half of the real property in
12assessed value in
such the territory, protesting against the annexation of
such the 13territory, the court shall deny the application for an annexation referendum.
14Whenever If a number of electors cannot be determined on the basis of reported
15election statistics, the number shall be determined in accordance with s. 60.74 (6).
AB710,55,2116
(b) If a petition protesting the annexation is found insufficient the court shall
17proceed to hear all parties interested for or against the application. The court may
18in its discretion adjourn
such the hearing from time to time, direct a survey to be
19made and refer any question for examination and report
thereon. Any. A town whose
20territory is involved in the proposed annexation shall, upon application, be a party
21and
is entitled to be heard on any
relevant matter
pertaining thereto.
AB710,55,25
22(3) Dismissal. If for any reason the proceedings are dismissed, the court may
,
23in its discretion, order entry of judgment against the city or village for
such 24disbursements or any part
thereof as have been of disbursements incurred by the
25parties opposing the annexation.
AB710,56,7
1(4) (a) If the court, after
such the hearing, is satisfied
as to the correctness of 2that the description of the territory or any survey
is accurate and that the provisions
3of this section have been complied with, it shall make an order so declaring and shall
4direct a referendum election within the territory
which shall be described in the
5order, on the question
, of whether
such the area should be annexed.
Such The order
6shall direct 3 electors named
therein in the order residing in the town in which the
7territory proposed to be annexed lies, to perform the duties of inspectors of election.
AB710,56,138
(b) The referendum election shall be held within 30 days after the entry of the
9order, in the territory proposed for annexation, by the electors of
such that territory
10as provided in s.
66.021 (5) 66.0217 (7), so far as applicable. The ballots shall contain
11the words "For Annexation" and "Against Annexation". The certification of the
12election inspectors shall be filed with the clerk of the court, and the clerk of any
13municipality involved, but need not be filed or recorded with the register of deeds.
AB710,56,18
14(5) Determination by vote. (a) If a majority of the votes cast at
such the 15referendum election is against annexation, no other proceeding under this section
16affecting the same territory or part
thereof, shall
of the same territory may be
17commenced by the same municipality
, until 6 months after the date of the
18referendum election.
AB710,56,2119
(b) If a majority of the votes cast at
such the referendum election is for
20annexation, the territory shall be annexed to the petitioning city or village upon
21compliance with s.
66.021 (8) 66.0217 (9).
AB710,57,5
22(6) Temporary zoning of area proposed to be annexed. An interim zoning
23ordinance to become effective only upon approval of the annexation at the
24referendum election may be enacted by the governing body of the city or village.
25Subject to s. 59.692 (7), the ordinance may temporarily designate the classification
1of the annexed area for zoning purposes until the zoning ordinance is amended as
2prescribed in s. 62.23 (7) (d). The proposed interim zoning ordinance shall be referred
3to and recommended by the plan commission prior to introduction. Authority to
4make
such a temporary classification
shall is not
be effective when the county zoning
5ordinance prevails during litigation as provided in s. 59.69 (7).
AB710,57,11
6(7) Appeal. Any appeal An appeal from the order of the circuit court
shall be 7is limited to contested issues determined by
such the circuit court.
Such An appeal
8shall not stay the conduct of the referendum election
provided herein, if one is
9ordered, but the statement of the election results and the copies of the certificate and
10plat
shall may not be filed with the secretary of state until the appeal has been
11determined.
AB710,57,13
12(8) Law applicable. Section
66.021 (10) shall apply 66.0217 (11) applies to
13annexations under this section.
AB710,57,17
14(9) Territory excepted. This section
shall does not apply to any territory
15located in an area for which a certificate of incorporation was issued
prior to before 16February 24, 1959, by the secretary of state, even if the incorporation of the territory
17is later held to be invalid by a court.
AB710, s. 69
18Section
69. 66.025 of the statutes is renumbered 66.0223 and amended to
19read:
AB710,58,12
2066.0223 Annexation of owned territory owned by a city or village. In
21addition to other methods provided by law and subject to ss. 59.692 (7) and
66.023 2266.0307 (7), territory owned by and lying near but not necessarily contiguous to a
23village or city may be annexed to a village or city by ordinance enacted by the board
24of trustees of the village or the common council of the city, provided that in the case
25of noncontiguous territory the use of the territory by the city or village is not contrary
1to any town or county zoning regulation. The ordinance shall contain the exact
2description of the territory annexed and the names of the towns from which
3detached, and
shall operate to attach attaches the territory to the village or city upon
4the filing of
6 7 certified copies
thereof of the ordinance in the office of the secretary
5of state, together with
6 7 copies of a plat showing the boundaries of the territory
6attached. Two copies of the ordinance and plat shall be forwarded by the secretary
7of state to the department of transportation,
one copy to the department of
8administration, one copy to the department of natural resources, one copy to the
9department of revenue and one copy to the department of public instruction.
Within
1010 days of filing the certified copies, a copy of the ordinance and plat shall be mailed
11or delivered to the clerk of the county in which the annexed territory is located.
12Section 66.0217 (11) applies to annexations under this section.
Note: 1. Requires that a copy of the annexation ordinance and the plat
showing the boundaries of the attached territory be mailed or delivered to the
department of administration and to the county clerk.
2. Provides, for consistency, that the 90-day statute of limitations that applies
to challenges to annexations generally (see current ss. 66.021 (10), 66.024 (7)
and 893.73 (2) (b)) applies to annexations of owned territory. The 90-day
statute of limitations has been held not to apply to this section. [Kaiser v. City
of Madison, 99 Wis. 2d 341, 299 NW2d 257 (Ct. App. 1980).]
AB710, s. 70
13Section
70. 66.026 of the statutes is renumbered 66.0231 and amended to
14read:
AB710,59,7
1566.0231 Notice of certain litigation affecting municipal status or
16boundaries. Whenever any proceedings
If a proceeding under ss. 61.187, 61.189,
1761.74, 62.075,
66.012, 66.013 to 66.019, 66.021, 66.022, 66.023, 66.025 66.0201 to
1866.0213, 66.0215, 66.0217, 66.0221, 66.0223, 66.0227 or 66.0307 or other sections
19relating to an incorporation, annexation, consolidation, dissolution or detachment of
20territory of a city or village
are is contested by instigation of legal proceedings, the
21clerk of the city or village involved in the proceedings shall file with the secretary of
1state 4 copies of a notice of the commencement of the action. The clerk shall
also file
2with the secretary of state 4 copies of any judgments rendered or appeals taken in
3such cases. The notices or copies of judgments that are required under this section
4may also be filed by an officer or attorney of any party of interest. The secretary of
5state shall forward to the department of transportation 2 copies and to the
6department of revenue and the department of administration one copy each of any
7notice of action or judgment filed with the secretary of state under this section.
AB710, s. 71
8Section
71. 66.027 of the statutes is renumbered 66.0225 and amended to
9read:
AB710,60,7
1066.0225 Municipal boundaries, fixed by judgment. Any 2 municipalities
11whose boundaries are immediately adjacent at any point and who are parties to
any 12an action, proceeding or appeal in court for the purpose of testing the validity or
13invalidity of
any an annexation, incorporation, consolidation or detachment
, may
14enter into a written stipulation, compromising and settling
any such the litigation
15and determining the common boundary line between the municipalities. The court
16having jurisdiction of the litigation, whether
it is a the circuit court, the court of
17appeals or the supreme court, may enter a final judgment incorporating the
18provisions of the stipulation and fixing the common boundary line between the
19municipalities involved.
Any A stipulation changing boundaries of municipalities
20shall be approved by the governing bodies of the detaching and annexing
21municipalities and s.
66.021 (8) and (10) 66.0217 (9) and (11) shall apply.
Any A 22change of
civil municipal boundaries under this section is subject to a referendum
23of the electors residing within the territory annexed or detached, if within 30 days
24after the publication of the stipulation to change boundaries in a newspaper of
25general circulation in the area proposed to be annexed or detached, a petition for a
1referendum conforming to the requirements of s. 8.40 signed by at least 20% of the
2electors of the area to be annexed or detached
, is filed with the clerk of the
3municipality from which the area is proposed to be detached. The referendum shall
4be conducted as are annexation referenda. If the referendum election is opposed to
5detachment from the municipality, all proceedings under this section are void.
For
6the purposes of In this section
, "municipalities"
includes means cities, villages and
7towns.
AB710, s. 72
8Section
72. 66.028 of the statutes is renumbered 66.0305, and 66.0305 (4) (b),
9as renumbered, is amended to read:
AB710,60,1310
66.0305
(4) (b) An agreement entered into under sub. (2) may address any other
11appropriate matters, including any agreements with respect to services or
12agreements with respect to municipal boundaries under s.
66.023 or 66.027 66.0225
13or 66.0307.
AB710, s. 73
14Section
73. 66.029 of the statutes is renumbered 66.0233 and amended to
15read:
AB710,60,21
1666.0233 Town boundaries, participation in actions to test alterations
17of town boundaries. In
proceedings whereby a proceeding in which territory
is 18may be attached to or detached from
any a town, the town is an interested party, and
19the town board may institute, maintain or defend an action brought to test the
20validity of
such the proceedings, and may intervene or be impleaded in
any such the 21action.
AB710, s. 74
22Section
74. 66.0295 of the statutes, as created by
1999 Wisconsin Act 9, is
23renumbered 66.1001, and 66.1001 (1) (a) 3., (2) (g) and (3) (a) to (f) and (o), as
24renumbered, are amended to read:
AB710,61,2
166.1001
(1) (a) 3. For a regional planning commission, a master plan that is
2adopted or amended under s.
66.945 66.0309 (8), (9) or (10).
AB710,61,13
3(2) (g)
Intergovernmental cooperation element. A compilation of objectives,
4policies, goals, maps and programs for joint planning and decision making with other
5jurisdictions, including school districts and adjacent local governmental units, for
6siting and building public facilities and sharing public services. The element shall
7analyze the relationship of the local governmental unit to school districts and
8adjacent local governmental units, and to the region, the state and other
9governmental units. The element shall incorporate any plans or agreements to
10which the local governmental unit is a party under s.
66.023, 66.30 or 66.945 66.0301,
1166.0307 or 66.0309. The element shall identify existing or potential conflicts
12between the local governmental unit and other governmental units that are specified
13in this paragraph and describe processes to resolve such conflicts.
AB710,61,15
14(3) (a) Municipal incorporation procedures under s.
66.012, 66.013 or 66.014 1566.0201, 66.0203 or 66.0215.
AB710,61,1716
(b) Annexation procedures under s.
66.021, 66.024 or 66.025 66.0217, 66.0219
17or 66.0223.
AB710,61,1818
(c) Cooperative boundary agreements entered into under s.
66.023 66.0307.
AB710,61,1919
(d) Consolidation of territory under s.
66.02 66.0229.
AB710,61,2020
(e) Detachment of territory under s.
66.022 66.0227.
AB710,61,2121
(f) Municipal boundary agreements fixed by judgment under s.
66.027 66.0225.
AB710,61,2222
(o) Impact fee ordinances that are enacted or amended under s.
66.55 66.0617.
AB710, s. 75
23Section
75. 66.03 of the statutes is renumbered 66.0235, and 66.0235 (1), (2),
24(2c) (a) 2., (2m) to (10), (11) (a) 4. and (b) and (13) (a) 1. and (aa) to (c), as renumbered,
25are amended to read:
AB710,62,3
166.0235
(1) Definition. In this section, "
municipality local governmental unit"
2includes means town sanitary districts, school districts, technical college districts,
3towns, villages and cities.
AB710,62,23
4(2) Basis. (a) Except as otherwise provided in this section or in s. 60.79 (2) (c)
5when territory is transferred, in any manner provided by law, from one
municipality 6local governmental unit to another, there shall be assigned to
such other
7municipality the latter local governmental unit such proportion of the assets and
8liabilities of the first
municipality local governmental unit as the assessed valuation
9of all taxable property in the territory transferred bears to the assessed valuation of
10all the taxable property of the entire
municipality
local governmental unit from
11which
said the territory is taken according to the last assessment roll of
such
12municipality the local governmental unit. The clerk of
any municipality a local
13governmental unit to which territory is transferred
as aforesaid, within 30 days of
14the effective date of
such the transfer, shall certify to the clerk of the
municipality 15local governmental unit from which
such territory was transferred and to the clerk
16of the school district in which
such the territory is located a metes and bounds
17description of the land area involved
and upon. Upon receipt of
such the description
18the clerk of the
municipality local governmental unit from which
such the territory
19was transferred shall certify to the department of revenue and to the clerk of the
20school district in which
such the territory is located the latest assessed value of the
21real and personal property located within the transferred territory, and shall make
22such any further reports as
may be needed by the department of revenue in the
23performance of duties required by law.