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.
AB710,63,1124
(b) When the transfer of territory from one
municipality local governmental
25unit to another results from the incorporation of a new city or village, the proportion
1of the assets and liabilities assigned to
such
the new city or village shall be based on
2the average assessed valuation for the preceding 5 years of the property transferred
3in proportion to the average assessed valuation for the preceding 5 years of all the
4taxable property of the entire
municipality local governmental unit from which
said 5the territory is taken, according to the assessment rolls of
such municipality the local
6governmental unit for
said those years.
In any such case the The certification by the
7clerk of the
municipality local governmental unit from which territory was
8transferred
because of the incorporation shall include the assessed value of the real
9and personal property within the territory transferred for each of the last 5 years.
10The preceding 5 years shall include the assessment rolls for the 5 calendar years
11prior to the incorporation.
AB710,63,21
12(2c) (a) 2. The clerk of any school district to which territory is transferred,
13within 30 days of the effective date of the transfer, shall certify to the clerk of the
14municipality local governmental unit from which the territory was transferred a
15metes and bounds description of the land area involved. Upon receipt of the
16description the clerk of the
municipality local governmental unit from which the
17territory was transferred shall certify to the department of revenue the latest
18assessed value of the real and personal property located within the transferred
19territory, file one copy of the certification with the school district clerk and one copy
20with the department of public instruction and make
such any further reports as
are 21needed by the department of revenue in the performance of duties required by law.
AB710,64,3
22(2m) Attachment and detachment within 5 years. Whenever If territory is
23attached to or consolidated with a school district, and the territory or any part
thereof 24of the territory is detached
therefrom from the district within 5 years after the
25attachment or consolidation, the school district to which it is transferred
shall be is
1entitled, in the apportionment of assets and liabilities, only to the assets or liabilities
2or proportionate part
thereof apportioned to the school district as the result of the
3original attachment or consolidation.
AB710,64,7
4(3) Real estate. (a) The title to real estate
shall may not be transferred
under
5this section except by agreement, but the value
thereof of real estate shall be included
6in determining the assets of the
municipality local governmental unit owning the
7same real estate and in making the adjustment of assets and liabilities.
AB710,64,158
(b) The right to possession and control of school buildings and sites
shall pass 9passes to the school district in which they are situated immediately upon the
10attachment or detachment of any school district territory becoming effective, except
11that in 1st class city school districts the right to possession and control of school
12buildings and sites
shall pass passes on July 1 following the adoption of the ordinance
13authorized by s.
66.021 (7) 66.0217 (8). The asset value of school buildings and sites
14shall be the value of the use
thereof of the buildings and sites, which shall be
15determined at the time of adjustment of assets and liabilities.
AB710,65,416
(c) When as a result of
any an annexation
whereby a school district is left
17without a school building, any moneys are received by
such the school district as a
18result of the division of assets and liabilities required by
s. 66.03 this section, which
19are derived from values that were capital assets,
such
the moneys and interest
20thereon on the moneys shall be held in trust by
such the school district and dispensed
21only for procuring new capital assets or remitted to an operating district as the
22remainder of the suspended district becomes a part of
such the operating district, and
23shall in no case may not be used to meet current operating expenditures.
This shall
24include any funds in the hands of any district officers on July 1, 1953, resulting from
25such action previously taken under s. 66.03. The boards involved shall, as part of
1their duties in division of assets and liabilities in school districts, make a written
2report of the allocation of assets and liabilities to the state superintendent of public
3instruction and any local superintendent of schools whose territory is involved in the
4division of assets.
AB710,65,14
5(4) Public utilities. Any A public utility plant, including any dam, power
6house, power transmission line and other structures and property operated and used
7in connection
therewith shall belong with the plant, belongs to the
municipality local
8governmental unit in which the major portion of the patrons of
such the utility reside.
9The value of
such the utility, unless fixed by agreement of all parties interested shall
10be determined and fixed by the public service commission upon notice to the
11municipalities local governmental units interested, in the manner provided by law.
12The commission shall certify the amount of the compensation to the clerks of each
13municipality local governmental unit interested and
said that amount shall be used
14by the apportionment board
or boards in adjusting assets and liabilities.
AB710,66,22
15(5) Apportionment board. The boards or councils of the
municipalities local
16governmental units, or committees
, thereof selected for that purpose, acting
17together,
shall constitute an apportionment board. When
any municipality a local
18governmental unit is dissolved
by reason of because all of its territory
being so is 19transferred the board or council
thereof of the local governmental unit existing at the
20time of
such dissolution shall, for the purpose of this section, continue to exist as the
21governing body of
such municipality the local governmental unit until there has been
22an apportionment of assets by agreement of the interested
municipalities local
23governmental units or by an order of the circuit court. After an agreement for
24apportionment of assets has been entered into between the interested
municipalities
25local governmental units, or an order of the circuit court becomes final, a copy of
such
1the apportionment agreement, or of
such the order, certified to by the clerks of the
2interested
municipalities local governmental units, shall be filed with the
3department of revenue, the department of natural resources, the department of
4transportation, the state superintendent of public instruction, the department of
5administration, and with any other department or agency of the state from which the
6town may be entitled by law to receive funds or certifications or orders relating to the
7distribution or disbursement of funds, with the county treasurer, with the treasurer
8of any
municipality local governmental unit, or with any other entity from which
9payment would have become due if
such the dissolved
municipality from which such
10territory was transferred local governmental unit had continued in existence.
11Subject to ss. 79.006 and 86.303 (4),
thereafter payments from the shared revenue
12account made pursuant to ch. 79, payments of forest crop taxes under s. 77.05, of
13transportation aids under s. 20.395, of state aids for school purposes under ch. 121,
14payments for managed forest land under subch. VI of ch. 77 and all payments due
15from a department or agency of the state, from a county, from a
municipality local
16governmental unit, or from any other entity from which payments would have
17become due if
such the dissolved
municipality from which such territory was
18transferred local governmental unit had continued in existence, shall be paid to the
19interested
municipality local governmental unit as provided by
such the agreement
20for apportionment of assets or by any order of apportionment by the circuit court and
21such the payments
shall have the same force and effect as if made to the dissolved
22municipality from which such territory was transferred
local governmental unit.
AB710,67,5
23(6) Meeting. The board or council of the
municipality local governmental unit 24to which the territory is transferred shall fix a time and place for meeting and
cause 25give a written notice
thereof of the meeting to
be given the clerk of the
municipality
1local governmental unit from which the territory is taken at least 5 days prior to the
2date of the meeting. The apportionment may be made only by a majority of the
3members from each
municipality local governmental unit who attend, and in case of
4committees, the action
must shall be affirmed by the board or council represented by
5the committee.
AB710,67,12
6(7) Adjustment, how made. (a) The apportionment board shall determine,
7except for public utilities,
such assets and liabilities from the best information
8obtainable and shall assign to the
municipality local governmental unit to which the
9territory is transferred its proper proportion
thereof
of assets and liabilities by
10assigning the excess of liabilities over assets, or by assigning any particular asset or
11liability to either
municipality local governmental unit, or in
such other another 12manner
as will best meet that meets the requirements of the particular case.
AB710,67,2113
(b) If a proportionate share of any indebtedness existing by reason of municipal
14bonds or other obligations outstanding is assigned to
any municipality a local
15governmental unit, that
municipality local governmental unit shall
cause to be
16levied and collected levy and collect upon all its taxable property, in one sum or in
17annual instalments, the amount necessary to pay the principal and interest
thereon 18when due, and shall pay the amount
so collected to the treasurer of the
municipality 19local governmental unit which issued the bonds or incurred the obligations. The
20treasurer shall apply the moneys
so received strictly to the payment of
such the 21principal and interest.
AB710,68,322
(c) If the asset apportioned consists of an aid or tax to be distributed in the
23future according to population, the apportionment board shall certify to the officer,
24agency or department responsible for making the distribution each
municipality's 25local governmental unit's proportionate share of
such the asset as determined in
1accordance with sub. (2). The officer, agency or department shall
thereafter 2distribute
such the aid or tax directly to the several
municipalities local
3governmental units according to
such the certification until the next federal census.
AB710,68,9
4(8) Appeal to court. In case If the apportionment board is unable to agree, the
5circuit court of the county in which either
municipality local governmental unit is
6situated
, may, upon the petition of either
municipality local governmental unit,
7make the adjustment of assets and liabilities
pursuant to under this section,
8including review of any alternative method provided
for in sub. (2c) (b) and the
9correctness of the findings
thereunder made under sub. (2c) (b).
AB710,68,17
10(9) Transcript of records. When If territory
shall be is detached from a
11municipality by creation of a new municipality or otherwise local governmental unit,
12the proper officer of the
municipality local governmental unit from which the
13territory was detached shall furnish, upon demand by the proper officer of the
14municipality local governmental unit created from the detached territory or to which
15it is annexed,
an authenticated transcript of all public records in that officer's office
16pertaining to the detached territory. The
municipality local governmental unit 17receiving the transcript shall pay
therefor for the transcript.
AB710,69,12
18(10) State trust fund loans. When territory transferred in any manner
19provided by law from one
municipality local governmental unit to another is liable
20for state trust fund loans secured under subch. II of ch. 24, the clerk of the
21municipality local governmental unit to which territory is transferred shall within
2230 days of the effective date of
such the transfer certify a metes and bounds
23description of the transferred area to the clerk of the
municipality local
24governmental unit from which the land was transferred.
Thereupon, the The clerk
25of the
municipality local governmental unit from which
such territory was
1transferred shall
then certify to the board of commissioners of public lands
: (a) the
2effective date of
such the transfer of territory
; (b), the last preceding assessed
3valuation of the territory liable for state trust fund loans
prior to before transfer of
4a part of
such the territory
; (c) and the assessed valuation of the territory
so 5transferred.
Thereafter, the The board shall in making its annual certifications of
6the amounts due on account of state trust fund loans distribute annual charges for
7interest and principal on
any such outstanding loans
covered by this subsection in
8the proportion that the assessed valuation of the territory
so transferred
shall bear 9bears to the assessed valuation of the area liable for state trust fund loans as
10constituted immediately before the transfer of territory
, provided, however, that any.
11A transfer of territory effective subsequent to January 1 of any year
shall may not
12be considered until the succeeding year.
AB710,69,14
13(11) (a) 4. The name of the school district to which the transfer was made
14immediately after the effective date of
such the transfer.
AB710,69,1915
(b)
Thereafter, in In making
their the annual certifications of the amounts due
16on account of state trust fund loans the board of commissioners of public lands shall
17use the new name of the school district
, provided that any. A transfer of territory
18effective subsequent to January 1 of any year
shall
may not be considered by it until
19the succeeding year.
AB710,70,2
20(13) (a) 1. Subject to subd. 2., if any territory is annexed, detached or
21incorporated in any year, general property taxes levied against the territory shall be
22collected by the treasurer of the
municipality local governmental unit in which the
23territory was located on January 1 of such year, and all moneys collected from the
24tax levied for local municipal purposes shall be allocated to each of the
municipalities 25local governmental units on the basis of the portion of the calendar year the territory
1was located in each of the
municipalities
local governmental units, and paid
2accordingly.
AB710,70,73
(aa)
Apportionment when town is nonexistent. If the town in which territory
4was located on January 1 is nonexistent when the city or village determines its
5budget, any taxes certified to the town or required by law to be levied against
such 6the territory shall be included in the budget of the city or village and levied against
7such the territory, together with the city or village tax for local municipal purposes.
AB710,70,218
(b)
Special taxes and assessments. Whenever If territory is transferred from
9one
municipality local governmental unit to another by annexation, detachment,
10consolidation or incorporation, or returns to its former status by reason of court
11determination, any special tax or assessment outstanding against
any property in
12the territory shall be collected by the treasurer of the
municipality wherein local
13governmental unit in which the property is located, according to the terms of the
14ordinance or resolution levying
such the tax or assessment.
Such The special tax or
15assessment, when collected, shall be paid to the treasurer of the
municipality local
16governmental unit which levied the special tax or assessment, or if the
municipality 17local governmental unit is nonexistent, the collecting treasurer shall apply the
18collected funds to any obligation for which purpose the tax or assessment was levied
19and which remains outstanding
; provided that if. If no
such obligation is
20outstanding, the collected funds shall be paid into the school fund of the school
21district in which the territory is located.
AB710,71,722
(bb)
Apportionment when court returns territory to former status. Whenever 23If territory which has been annexed, consolidated, detached or incorporated returns
24to its former status by reason of a final court determination, there shall be an
25apportionment of general property taxes and current aids and shared revenues
to
1adjust such assets between the
municipalities local governmental units, and no other
2apportionment of assets and liabilities. The basis of the apportionment shall be
3determined by the apportionment board subject to appeal to the circuit court
, but the.
4The apportionment shall
insofar as to the extent practicable equitably adjust
such
5assets the taxes, aids and revenues between the
municipalities local governmental
6units involved on the basis of the portion of the calendar year the territory was
7located in the respective
municipalities local governmental units.
AB710,71,148
(c)
Certification by clerk. The clerk of the
municipality local governmental unit 9which assessed
such the special and general tax and special assessment shall certify
10to the clerk of the
municipality local governmental unit to which the territory was
11attached or returned, a list of all the property located
therein in the attached or
12returned territory to which is charged any uncollected taxes and assessments. The
13certification shall be made within 30 days after the effective date of the transfer of
14the property, but failure to
so certify
shall does not affect the validity of the claim.
AB710, s. 76
15Section
76. Subchapter III (title) of chapter 66 [precedes 66.0301] of the
16statutes is created to read:
AB710,71,1918
Subchapter III
19
INTERGOVERNMENTAL COOPERATION
AB710, s. 77
20Section
77. 66.0303 (title) and (1) of the statutes are created to read:
AB710,71,22
2166.0303 (title)
Municipal interstate cooperation. (1) In this section,
22"municipality" has the meaning given in s. 66.0301 (1) (a).
AB710, s. 78
23Section
78. 66.031 (title) of the statutes is renumbered 66.0401 (title) and
24amended to read:
AB710,71,25
2566.0401 (title)
Regulation of relating to solar and wind energy systems.
Note: Amends the title to reflect the consolidation of current ss. 66.031 and
66.033.
AB710, s. 79
1Section
79. 66.031 of the statutes is renumbered 66.0401 (1), and 66.0401 (1)
2(intro.), as renumbered, is amended to read:
AB710,72,73
66.0401
(1) Authority to restrict systems limited. (intro.) No county, city,
4town or village may place any restriction, either directly or in effect, on the
5installation or use of a solar energy system, as defined in s. 13.48 (2) (h) 1. g., or a wind
6energy system, as defined in s.
66.032 66.0415 (1) (m), unless the restriction satisfies
7one of the following conditions:
AB710, s. 80
8Section
80. 66.0311 (title) and (1) of the statutes are created to read:
AB710,72,11
966.0311 (title)
Intergovernmental cooperation in financing and
10undertaking housing projects. (1) In this section, "municipality" has the
11meaning given in s. 66.0301 (1) (a).
AB710, s. 81
12Section
81. 66.0313 (1) of the statutes is created to read: