Amendment ASA1-AB136

AB136-ASA1,8,9 2. A town utility district created under s. 66.0827.

AB136-ASA1,8,11 3. A metropolitan sewerage district created under ss. 200.01 to 200.15 or under ss. 200.21 to 200.65.

AB136-ASA1,8,12 4. A public utility, as defined in s. 196.01 (5).

AB136-ASA1,8,13 5. A town sanitary district created by another town under subch. IX.

AB136-ASA1,8,14 6. A city or village.

AB136-ASA1,8,17 (c) The town provides law enforcement services, 24 hours a day, by establishing a town police department or by creating a joint police department with another city, village, or town under s. 60.56.

AB136-ASA1,8,20 (5) Limits on land acquisition. If the conditions described under sub. (4) apply, the following city or village methods of acquiring territory in a town are limited as provided under sub. (4):

AB136-ASA1,8,21 (a) Annexation under s. 66.0217, 66.0219, or 66.0223.

AB136-ASA1,8,23 (b) Acquisition of real or personal property for park-related purposes as described in s. 27.08 (2) (b) or (c).

AB136-ASA1,8,24 (c) Acquisition of land for community forest purposes under s. 28.20.

AB136-ASA1,9,2 (d) Acquisition of real or personal property for any of the purposes described under s. 61.34 (3).

AB136-ASA1,9,4 (e) Acquisition of real or personal property for any of the purposes described under s. 62.22 (1) or (1e).

AB136-ASA1, s. 9 Section 9. 60.23 (32) of the statutes is created to read:

AB136-ASA1,9,10 60.23 (32) Town tax increment powers. If the town is a charter town under s. 60.225, exercise all powers of cities under s. 66.1105. If the town board exercises the powers of a city under s. 66.1105, it is subject to the same duties as a common council under s. 66.1105 and the town is subject to the same duties and liabilities as a city under s. 66.1105.

AB136-ASA1, s. 10 Section 10. 60.61 (2) (intro.) of the statutes is amended to read:

AB136-ASA1,9,15 60.61 (2) Extent of authority. (intro.) Subject If a town board revokes its approval of a county zoning ordinance under s. 60.225 (3) (a) 2. or, subject to subs. (3) and (3m), if a town is located in a county which has not enacted a county zoning ordinance under s. 59.69, the town board, by ordinance, may:

AB136-ASA1, s. 11 Section 11. 60.61 (3) (intro.) of the statutes is amended to read:

AB136-ASA1,9,21 60.61 (3) Exercise of authority. (intro.) Before exercising authority under sub. (2), the town board of a town that is located in a county that has not adopted a county zoning ordinance under s. 59.69 shall petition the county board to initiate, at any regular or special meeting, action to enact a county zoning ordinance under s. 59.69. The town board may proceed under sub. (2) if:

AB136-ASA1, s. 12 Section 12. 60.62 (2) of the statutes is amended to read:

AB136-ASA1,9,25 60.62 (2) If the county in which the town is located has enacted a zoning ordinance under s. 59.69, the exercise of the authority under sub. (1) is subject to approval by the town meeting or by a referendum vote of the electors of the town held at the time of any regular or special election, except that this subsection does not apply if a town board revokes its approval of a county zoning ordinance under s. 60.225 (3) (a) 2. The question for the referendum vote shall be filed as provided in s. 8.37.

AB136-ASA1, s. 13 Section 13. 60.62 (3) of the statutes is amended to read:

AB136-ASA1,10,9 60.62 (3) In counties having a county zoning ordinance, no zoning ordinance or amendment of a zoning ordinance may be adopted under this section unless approved by the county board, except that this subsection does not apply if a town board revokes its approval of a county zoning ordinance under s. 60.225 (3) (a) 2.

AB136-ASA1, s. 14 Section 14. 61.34 (3) of the statutes is amended to read:

AB136-ASA1,10,20 61.34 (3) Acquisition and disposal of property. The Except as provided in s. 60.225 (4) and (5), the village board may acquire property, real or personal, within or outside the village, for parks, libraries, recreation, beautification, streets, water systems, sewage or waste disposal, harbors, improvement of watercourses, public grounds, vehicle parking areas, and for any other public purpose; may acquire real property within or contiguous to the village, by means other than condemnation, for industrial sites; may improve and beautify the same; may construct, own, lease and maintain buildings on such property for instruction, recreation, amusement and other public purposes; and may sell and convey such property. Condemnation shall be as provided by ch. 32.

AB136-ASA1, s. 15 Section 15. 62.22 (1) of the statutes is amended to read:

AB136-ASA1,11,5 62.22 (1) Purposes. The Except as provided in s. 60.225 (4) and (5), the governing body of any city may by gift, purchase or condemnation acquire property, real or personal, within or outside the city, for parks, recreation, water systems, sewage or waste disposal, airports or approaches thereto, cemeteries, vehicle parking areas, and for any other public purpose; may acquire real property within or contiguous to the city, by means other than condemnation, for industrial sites; may improve and beautify the same; may construct, own, lease and maintain buildings on such property for public purposes; and may sell and convey such property. The power of condemnation for any such purpose shall be as provided by ch. 32.

AB136-ASA1, s. 16 Section 16. 62.22 (1e) of the statutes is amended to read:

AB136-ASA1,11,13 62.22 (1e) Certain industrial sites. The Except as provided in s. 60.225 (4) and (5), the governing body of a 2nd class city which is adjacent to Lake Michigan and which is located in a county with a population of less than 110,000, according to the most recent estimate by the department of administration, may acquire real property by gift outside the city boundaries for industrial sites; may improve and beautify the same; may construct, own, lease and maintain buildings on such property for public purposes; and may sell and convey such property.

AB136-ASA1, s. 17 Section 17. 62.23 (7a) (a) of the statutes is amended to read:

AB136-ASA1,12,9 62.23 (7a) (a) Extraterritorial zoning jurisdiction means the unincorporated area, except as provided in s. 60.225 (3) (b), within 3 miles of the corporate limits of a first, second or third class city, or 1 1/2 miles of a fourth class city or a village. Wherever extraterritorial zoning jurisdictions overlap, the provisions of s. 66.0105 shall apply and any subsequent alteration of the corporate limits of the city by annexation, detachment or consolidation proceedings shall not affect the dividing line as initially determined under s. 66.0105. The governing body of the city shall specify by resolution the description of the area to be zoned within its extraterritorial zoning jurisdiction sufficiently accurate to determine its location and such area shall be contiguous to the city. The boundary line of such area shall follow government lot or survey section or fractional section lines or public roads, but need not extend to the limits of the extraterritorial zoning jurisdiction. Within 15 days of the adoption of the resolution the governing body shall declare its intention to prepare a comprehensive zoning ordinance for all or part of its extraterritorial zoning jurisdiction by the publication of the resolution in a newspaper having general circulation in the area proposed to be zoned, as a class 1 notice, under ch. 985. The city clerk shall mail a certified copy of the resolution and a scale map reasonably showing the boundaries of the extraterritorial jurisdiction to the clerk of the county in which the extraterritorial jurisdiction area is located and to the town clerk of each town, any part of which is included in such area.

AB136-ASA1, s. 18 Section 18. 66.0105 of the statutes is amended to read:

AB136-ASA1,12,20 66.0105 Jurisdiction of overlapping extraterritorial powers. The extraterritorial powers granted to cities and villages by statute, including ss. 30.745, 62.23 (2) and (7a), 66.0415, 236.10, and 254.57, may not be exercised within the corporate limits of another city or village and may not be exercised within the corporate limits of a town whose board has adopted a resolution under s. 60.225 (1) unless a majority of the votes cast in the ratification vote on the resolution do not approve the resolution. Wherever these statutory extraterritorial powers overlap, the jurisdiction over the overlapping area shall be divided on a line all points of which are equidistant from the boundaries of each municipality concerned so that not more than one municipality shall exercise power over any area.

AB136-ASA1, s. 19 Section 19. 66.0217 (3) (intro.) of the statutes is amended to read:

AB136-ASA1,12,24 66.0217 (3) Other methods of annexation. (intro.) Subject to s. 66.0307 (7) and except as provided in s. 60.225 (4) and (5), territory contiguous to a city or village may be annexed to the city or village in the following ways:

AB136-ASA1, s. 20 Section 20. 66.0219 (intro.) of the statutes is amended to read:

AB136-ASA1,13,6 66.0219 Annexation by referendum initiated by city or village. (intro.) As a complete alternative to any other annexation procedure, and subject to s. 66.0307 (7) and except as provided in s. 60.225 (4) and (5), unincorporated territory which contains electors and is contiguous to a city or village may be annexed to the city or village under this section. The definitions in s. 66.0217 (1) apply to this section.

AB136-ASA1, s. 21 Section 21. 66.0223 of the statutes is amended to read:

AB136-ASA1,13,25 66.0223 Annexation of territory owned by a city or village. In addition to other methods provided by law and subject to ss. 59.692 (7) and 66.0307 (7) and except as provided in s. 60.225 (4) and (5), territory owned by and lying near but not necessarily contiguous to a village or city may be annexed to a village or city by ordinance enacted by the board of trustees of the village or the common council of the city, provided that in the case of noncontiguous territory the use of the territory by the city or village is not contrary to any town or county zoning regulation. The ordinance shall contain the exact description of the territory annexed and the names of the towns from which detached, and attaches the territory to the village or city upon the filing of 7 certified copies of the ordinance in the office of the secretary of state, together with 7 copies of a plat showing the boundaries of the territory attached. Two copies of the ordinance and plat shall be forwarded by the secretary of state to the department of transportation, one copy to the department of administration, one copy to the department of natural resources, one copy to the department of revenue and one copy to the department of public instruction. Within 10 days of filing the certified copies, a copy of the ordinance and plat shall be mailed or delivered to the clerk of the county in which the annexed territory is located. Section 66.0217 (11) applies to annexations under this section.

AB136-ASA1, s. 22 Section 22. 70.99 (8) of the statutes is amended to read:

AB136-ASA1,14,9 70.99 (8) Each city, town and village assessor duly appointed or elected and qualified to make the assessment for a city, town or village shall continue in office for all purposes of completing the functions of assessor with respect to such current year's assessment, but is divested of all authority in respect to the January 1 assessment that comes under the jurisdiction of the county assessor , except that a town assessor of any charter town under s. 60.225 is not divested of his or her authority under this subsection and a county assessor does not have jurisdiction in a charter town.

AB136-ASA1, s. 23 Section 23. 196.58 (7) (a) of the statutes is amended to read:

AB136-ASA1,15,9 196.58 (7) (a) If a municipality operating a water system seeks to serve consumers of an area which is part of the municipality and in the same county, but in order to serve such consumers it is necessary or economically prudent for the municipality to install mains, transmission lines, pipes or service connections through, upon or under a public street, highway, road, public thoroughfare or alley located within the boundaries of any adjacent municipality, the municipality seeking the installation may file a petition with the clerk of the legislative body of the adjacent municipality requesting approval for the installation of the mains, transmission lines, pipes or service connections. The governing body of the adjacent municipality shall act on the petition within 15 days after the petition is filed. If the governing body of the adjacent municipality fails to act within the 15-day period, the petition shall be deemed approved and the municipality may proceed with the installations required for service to its consumers. If, however, the governing body of the adjacent municipality rejects the petition, the municipality may make application to the commission for authority to install within the boundaries of the adjacent municipality, other than a town, the installations necessary to provide service to its consumers. The commission shall hold a hearing upon the application of the municipality. If the commission determines that it is necessary or economically prudent that the municipality seeking to serve its consumers make the installations within the boundaries of the adjacent municipality, the commission shall promptly issue an order authorizing the municipality to proceed to make the installation in the adjacent municipality, except that the commission may not issue such an order if the adjacent municipality is a town. In the order, the commission may establish the manner of making the installation.

AB136-ASA1, s. 24 Section 24. 236.02 (5) of the statutes is amended to read:

AB136-ASA1,15,14 236.02 (5) "Extraterritorial plat approval jurisdiction" means the unincorporated area, except as provided in s. 60.225 (3) (b), within 3 miles of the corporate limits of a first, second or third class city, or 1 1/2 miles of a fourth class city or a village.

AB136-ASA1, s. 25 Section 25. Laws of 1975, chapter 105, section 1 (1) and (2) are amended to read:

AB136-ASA1,16,3 [Laws of 1975, chapter 105] Section 1 (1) The legislature finds that the existing system of allocating aggregate property tax revenues among tax levying municipalities has resulted in significant inequities and disincentives. The cost of public works or improvements within a city, charter town, or village has been borne entirely by the city, charter town, or village, while the expansion of tax base which is stimulated, directly or indirectly, by such improvements, benefits not only the city, charter town, or village but also all municipalities which share such tax base. This situation is inequitable. Moreover, when the cost to a city, town, or village of a public improvement project exceeds the future benefit to the city, town, or village resulting therefrom, the city, charter town, or village may decide not to undertake such project. This situation has resulted in the postponement or cancellation of socially desirable projects.

AB136-ASA1,16,9 (2) The legislature further finds that accomplishment of the vital and beneficial public purposes of sections 66.405 to 66.425, 66.43, 66.431, 66.435 and 66.52 of the statutes, is being frustrated because of a lack of incentives and financial resources. The purpose of this act is to create a viable procedure by which a city or, village, or town, through its own initiative and efforts, may finance projects which will tend to accomplish these laudable objectives.

AB136-ASA1,16,10 (End)