AB254: Bill Text

AB254,14,8 (d) An agreement under this subsection may provide that, during the term of the agreement, no other procedure for altering a municipality's boundaries may be used to alter a boundary that is affected by the agreement, except an annexation conducted under s. 281.43 (1m), regardless of whether the boundary is proposed to be maintained or changed or is allowed to be changed under the agreement. After the agreement has expired, the boundary may be altered.

AB254,14,15 (e) A boundary change included in an agreement under this subsection shall be accomplished by the enactment of an ordinance by the governing body designated to do so in the agreement. The filing and recording requirements under s. 66.0217 (9) (a), as they apply to cities and villages under s. 66.0217 (9) (a), apply to municipalities under this subsection. The requirements for the secretary of state under s. 66.0217 (9) (b), as they apply under that section, apply to the secretary of state when he or she receives an ordinance that is filed under this subsection.

AB254,14,17 (f) No action to contest the validity of an agreement under this subsection may be commenced after 60 days from the date the agreement becomes effective.

AB254,14,20 (g) This subsection is the exclusive authority under this section for entering into an agreement that determines all or a portion of the common boundary line between municipalities.

AB254,14,24 (h) An agreement under this section that has been entered into before the effective date of this subsection .... [revisor inserts date], that affects the location of a boundary between municipalities, is not invalid as lacking authority under this section to affect the location of the boundary.

Note: Creates another tool for any two municipalities with a common boundary to determine by agreement all or a portion of the common boundary line between them. It is envisioned that this authority will be used, for example, by municipalities who wish to make minor changes in their common boundaries or by municipalities who wish to enter into an initial, shorter term agreement before developing a cooperative plan under s. 66.0307.

Currently, there is no express authority under s. 66.0301 to enter into boundary agreements and, although the section has been used for such agreements, has been questioned by some (see the note concerning par. (h), below).

Paragraph (a) of subsection (6) provides the authority to enter into written boundary agreements and the permitted content of those agreements. The authority regarding boundary lines is patterned after the language found in s. 66.0307. The agreements may also include provisions the party municipalities may agree to under s. 66.0301 generally and under s. 66.0305 (agreements to share revenues).

Paragraph (b) establishes the maximum term of an agreement at ten years (although a boundary line established under an agreement remains until subsequently changed). When it is desirable to have an agreement of longer duration, s. 66.0307 is available (and, presumably, another agreement under this subsection could be entered into).

Paragraph (c) sets forth the procedure for approving an agreement under this subsection. The procedure includes a public hearing on the proposed agreement (including individual notice to specified affected property owners); approval by the governing body of each municipality by adoption of a resolution; and an optional referendum of the electors residing within the territory whose jurisdiction is subject to change as a result of the agreement.

Paragraph (d) authorizes an agreement under this subsection to provide that during the term of the agreement no other procedure for altering a municipality's boundaries may be used to alter a boundary affected by the agreement (with the exception of an annexation conducted under s. 281.43 (1m), stats., relating to a department of natural resources order for sewer service extension).

Paragraph (e) provides filing and recording requirements for boundary changes pursuant to an agreement under the subsection. It is patterned after s. 66.0307 (10).

Paragraph (f) provides a statute of limitations for contesting the validity of an agreement under the subsection. It is patterned after s. 66.0307 (11).

Paragraph (g) limits the authority under s. 66.0301 for entering into an agreement that determines all or a portion of the common boundary line between municipalities to that extended under the subsection.

Paragraph (h) is intended to eliminate uncertainty regarding the authority under current s. 66.0301 to determine municipal boundaries. For example, at least one circuit court has held that boundary agreements are not authorized under s. 66.0301. This provision is intended to provide that agreements previously entered into under s. 66.0301 that affected the location of a boundary between municipalities are not invalid insofar as lacking authority under s. 66.0301 to affect the location of the boundary.

AB254, s. 20 Section 20. 66.0305 (4) (b) of the statutes is amended to read:

AB254,15,5 66.0305 (4) (b) An agreement entered into under sub. (2) may address any other appropriate matters, including any agreements with respect to services or agreements with respect to municipal boundaries under s. 66.0225, 66.0301 (6), or 66.0307.

AB254, s. 21 Section 21. 66.0307 (1) (a) of the statutes is renumbered 66.0307 (1) (am).

AB254, s. 22 Section 22. 66.0307 (1) (af) of the statutes is created to read:

AB254,16,5 66.0307 (1) (af) "Comprehensive plan" means an adopted plan that contains the elements under s. 66.1001 (2) or, if a municipality has not adopted a plan that contains those elements, a master plan adopted under s. 62.23 (2) or (3).

Note: Provides a definition for the s. 66.0307 boundary agreement-by-cooperative plan procedure.

AB254, s. 23 Section 23. 66.0307 (2) (intro.) of the statutes is amended to read:

AB254,16,15 66.0307 (2) Boundary change authority. (intro.) Any combination of municipalities may determine the boundary lines between themselves under a cooperative plan that is approved by the department under this section. A single city or village and a single town may use the mediated agreement procedure under sub. (4m) to determine a common boundary line under a cooperative plan that is approved by the department under this section. No boundary of a municipality may be changed or maintained under this section unless the municipality is a party to the cooperative agreement. The cooperative plan shall provide one or more of the following:

Note: Revised to reflect the creation by Sec. 29 of this bill of a new mediated agreement procedure for developing a cooperative plan.

AB254, s. 24 Section 24. 66.0307 (3) (b) of the statutes is amended to read:

AB254,17,2 66.0307 (3) (b) Purpose of plan. The cooperative plan shall be made with the general purpose of guiding and accomplishing a coordinated, adjusted and harmonious development of the territory covered by the plan which will, in accordance with existing and future needs, best promote public health, safety, morals, order, convenience, prosperity or the general welfare, as well as efficiency and economy in the process of development consistent with the comprehensive plan of each participating municipality.

Note: Links the purpose language for a cooperative plan under s. 66.0307 to each participating municipality's comprehensive plan.

AB254, s. 25 Section 25 . 66.0307 (3) (c) of the statutes is repealed and recreated to read:

AB254,17,6 66.0307 (3) (c) Content of plan; consistency with comprehensive plan. The cooperative plan shall describe how it is consistent with each participating municipality's comprehensive plan.

Note: Repeals the detailed provisions of current s. 66.0307 (3) (c) specifying the content of a cooperative plan for the physical development of the territory covered by the plan. Substitutes a general requirement that the cooperative plan describe how it is consistent with each participating municipality's comprehensive plan. The repealed language provides as follows:

66.0307 (3) (c) Content of plan; physical development of territory. The cooperative plan, and any accompanying maps, plats, charts and descriptive and explanatory materials, shall show the plan agreed upon for the physical development of the territory covered by the plan. The plan may include, without limitation because of enumeration, any of the following:

1. The general location, character and extent of streets, highways, freeways, street grades, roadways, walks, bridges, viaducts, parking areas, tunnels, public places and areas, parks, parkways and playgrounds.

2. Sites for public buildings and structures, airports, pierhead and bulkhead lines and waterways.

3. Routes for railroads and buses.

4. The general location and extent of sewers, water conduits and other public utilities, whether privately or publicly owned.

5. The acceptance, widening, narrowing, extension, relocation, removal, vacation, abandonment or change of use of any of the public ways, grounds, places, spaces, buildings, properties, utilities, routes or terminals described in subds. 1. to 4.

6. Historic districts.

7. The general location, character and extent of community centers and neighborhood units.

8. The general character, extent and layout of the replanning of blighted districts and slum areas.

9. A comprehensive zoning plan.

AB254, s. 26 Section 26. 66.0307 (3) (d) 4. of the statutes is amended to read:

AB254,17,10 66.0307 (3) (d) 4. Include a statement explaining how any part of the plan related to the location of boundaries meets the approval criteria under sub. (5) (c) 4. and 5.

Note: Strikes a cross-reference to a statutory provision repealed by Sec. 32 of this bill.

AB254, s. 27 Section 27 . 66.0307 (3) (dm) of the statutes is repealed.

Note: Repeals the current provision describing the required content of a cooperative plan in connection with environmental consequences and housing needs. Much of this will be addressed in a municipality's comprehensive plan. The repealed language provides as follows:

66.0307 (3) (dm) Content of plan; environmental consequences and housing needs. The cooperative plan shall:

1. Identify any significant adverse consequences to the natural environment, including air and water pollution, energy use, development outside compact urban areas and contribution to urban sprawl, that may be caused by the proposed physical development of the territory covered by the plan.

2. Demonstrate that each participating municipality has considered alternatives to the proposed physical development of the territory covered by the plan, in order to minimize or avoid significant adverse environmental consequences, including those under subd. 1., and include in the plan a description of the alternatives considered.

3. If the physical development of the territory covered by the plan is subject to federal environmental laws or regulations, state laws or state environmental rules, describe how compliance with the laws, regulations or rules will be achieved.

4. Address the need for safe and affordable housing to meet the needs of diverse social and income groups in each municipality that is participating in the preparation of the plan.

5. Include a statement of why the cooperative plan meets the approval criterion under sub. (5) (c) 5m.

AB254, s. 28 Section 28. 66.0307 (4) (b) of the statutes is amended to read:

AB254,18,8 66.0307 (4) (b) Public hearing. At least 120 60 days after adoption under par. (a) of the last resolution by a participating municipality and at least 60 days before submitting a cooperative plan to the department for review and approval under sub. (5), the participating municipalities shall hold a joint hearing on the proposed plan. Notice of the hearing shall be given by each participating municipality by class 3 notice under ch. 985.

Note: Reduces from 120 to 60 the minimum number of days that must pass, after the last adoption by a participating municipality of its resolution authorizing participation in the cooperative plan preparation, before the municipalities may hold the required public hearing on the proposed plan.

AB254, s. 29 Section 29 . 66.0307 (4m) of the statutes is created to read:

AB254,19,2 66.0307 (4m) Mediated agreement procedure. (a) 1. As an alternative to the parties mutually invoking the procedure under this section, a city, village, or town may petition the department for mediation of a cooperative plan under this paragraph.

AB254,19,3 2. A city or village may petition for mediation if all of the following apply:

AB254,19,7 a. The city or village adopts an authorizing resolution under sub. (4) (a) (intro.) and requests in writing an adjacent town to adopt an authorizing resolution under sub. (4) (a) (intro.) and the town fails to adopt the resolution within 60 days after the request is received by the town.

AB254,19,8 b. The city or village has adopted a comprehensive plan.

AB254,19,9 3. A town may petition for mediation if all of the following apply:

AB254,19,13 a. The town adopts an authorizing resolution under sub. (4) (a) (intro.) and requests in writing an adjacent city or village to adopt an authorizing resolution under sub. (4) (a) (intro.) and the city or village fails to adopt the resolution within 60 days after the request is received by the city or village.

AB254,19,14 b. The town has adopted a comprehensive plan.

AB254,20,5 (b) A municipality that is authorized under par. (a) to petition the department for mediation and elects to do so shall submit the petition within 90 days after the municipality has adopted the authorizing resolution described in par. (a) 2. a. or 3. a. Upon receipt of a petition for mediation, the department shall notify the nonpetitioning adjacent municipality identified in the petition that the petition has been submitted. Within 45 days after receipt of notice from the department that a petition has been submitted, the nonpetitioning municipality shall notify the department whether it agrees to engage in mediation to develop a cooperative plan under this section. Failure of the nonpetitioning municipality to timely notify the department is considered notice that the municipality does not agree to engage in mediation. The department shall send written notice of the nonpetitioning municipality's decision, on whether it will participate, to the petitioning municipality. If the nonpetitioning municipality refuses to engage in mediation, the petitioning municipality may not submit a petition under this paragraph involving the same nonpetitioning municipality for a period of 3 years after the department sends notice of the refusal.

AB254,20,8 (c) 1. If a nonpetitioning town refuses under par. (b) to engage in mediation, the town may not contest any annexation of its territory to the petitioning city or village that is commenced during the shorter of the following periods:

AB254,20,10 a. The period of 270 days beginning after the town refuses under par. (b) to engage in mediation.

AB254,20,12 b. The period beginning on the date the town refuses under par. (b) to engage in mediation and ending on the date the town agrees to engage in mediation.

AB254,20,19 2. If a nonpetitioning city or village refuses under par. (b) to engage in mediation, an annexation of territory of the petitioning town to the nonpetitioning city or village that is commenced during the shorter of the following periods shall be reviewed by the department in the manner described under s. 66.0217 (6), regardless of the population of the county in which the annexation proceeding is commenced, and, notwithstanding s. 66.0217 (11) (c), may be contested by the town if the department determines that the annexation is not in the public interest:

AB254,20,21 a. The period of 270 days beginning after the city or village refuses under par. (b) to engage in mediation.

AB254,20,23 b. The period on the date the city or village refuses under par. (b) to engage in mediation and ending on the date the city or village agrees to engage in mediation.

AB254,21,5 (d) 1. If both the petitioning municipality and nonpetitioning municipality agree to engage in mediation to develop a cooperative plan under this section, the municipalities shall select a mediator. The department may assist the municipalities in selecting a mediator. If the municipalities are unable to agree on the selection of a mediator, the department shall furnish a list of 5 mediators to the municipalities. The municipalities shall alternatively strike a name from the list until one name remains, who shall be the mediator.

AB254,21,10 2. The mediator shall assist the parties through recognized mediation techniques to develop and reach agreement on a cooperative plan under this section. Unless the participating municipalities agree to extend the mediation period, the mediation period expires after 270 days. Unless they agree otherwise, the participating municipalities are equally responsible for the costs of the mediation.

AB254,21,17 (e) Before the participating municipalities engage in mediation under this subsection, each shall adopt a resolution under sub. (4) (a) (intro.) and provide the required notice of the resolution. Notwithstanding sub. (4) (b), if the participating municipalities agree on a cooperative plan under this subsection, a public hearing on the plan shall be held under sub. (4) (b) no sooner than 45 days after agreement is reached and at least 45 days before submitting the plan to the department for review and approval under sub. (5).

AB254,21,23 (f) If any litigation contesting annexation of territory of the petitioning or nonpetitioning town to the city or village is commenced during the 3-year period after the department receives the petition for mediation under par. (b), the judge shall under s. 802.12 (2), unless the nonpetitioning municipality objects, order the parties to select a settlement alternative under s. 802.12 (1) (i) as a means to attempt settlement.

Note: Creates a mediated agreement procedure under the boundary agreement-by-cooperative plan statute that provides a means for one municipality to bring an adjacent municipality "to the table" in connection with a common boundary and related issues.

Paragraph (a) states the conditions under which a municipality may petition DOA for mediation of a cooperative plan: the petitioning municipality 1) must have adopted a comprehensive plan and a resolution authorizing participation in the preparation of a cooperative plan and 2) must have requested the adjacent municipality to adopt an authorizing resolution for a cooperative plan, which request was not honored within 60 days after the request.

Paragraph (b) establishes time periods for petitioning DOA for the mediated agreement procedure and for the nonpetitioning municipality to respond to the invitation to mediate. It also provides that if the nonpetitioning municipality refuses to engage in mediation, the petitioning municipality may not submit another petition for mediation involving the same municipality for a period of three years after notice of refusal.

Paragraph (c) provides the incentive to agree to engage in mediation.

If a town refuses to engage in mediation, the town may not contest any annexation of its territory to the petitioning city or village that is commenced during the shorter of the following periods: 1) the period of 270 days beginning after the town refuses to engage in mediation; or 2) the period beginning after the town refuses to engage in mediation until the town agrees to engage in mediation (the latter assumes that the town may agree to engage in mediation after first refusing).

If a city or village refuses to engage in mediation, an annexation of territory of the petitioning town to the nonpetitioning city or village may be contested by the town if DOA determines that the annexation is not in the public interest and if the annexation is commenced during the shorter of the following periods: 1) the period of 270 days beginning after the city or village refuses to engage in mediation; or 2) the period beginning after the city or village refuses to engage in mediation until the city or village agrees to engage in mediation (the latter assumes that the city or village may agree to engage in mediation after first refusing).

Paragraph (d) provides for selection of a mediator, states the general role of the mediator, establishes a mediation period, and apportions the cost of mediation.

Paragraph (e) links the mediated agreement procedure to other provisions in current s. 66.0307. Subject to the specified differences, a cooperative plan developed under the new procedure is subject to the content, procedure, approval, and other requirements under s. 66.0307.

Paragraph (f) provides that, once the mediated agreement procedure is invoked by a municipality, any contested annexation commenced within the next three years involving the petitioning and nonpetitioning municipality is subject to a requirement that the judge, unless the nonpetitioning municipality objects, order the parties to select a settlement alternative under the current ADR statute. This provision is not intended to affect the court's discretionary authority under s. 802.12, notwithstanding the objection of the nonpetitioning (or petitioning) municipality.

AB254, s. 30 Section 30. 66.0307 (5) (c) 1. of the statutes is amended to read:

AB254,22,3 66.0307 (5) (c) 1. The content of the plan under sub. (3) (c) to (e) is sufficient to enable the department to make the determinations under subds. 2. to 5m 5.

AB254, s. 31 Section 31. 66.0307 (5) (c) 2. of the statutes is amended to read:

AB254,23,3 66.0307 (5) (c) 2. The cooperative plan is consistent with each participating municipality's comprehensive plan and with current state laws, municipal regulations, and administrative rules that apply to the territory affected by the plan.

Note: Revises one of DOA's approval criteria for a cooperative plan to reflect the new general requirement that the cooperative plan be consistent with each municipality's comprehensive plan.

AB254, s. 32 Section 32 . 66.0307 (5) (c) 4. of the statutes is repealed.

Note: Repeals the following DOA approval criterion as unnecessary in light of the general requirement that the cooperative plan be consistent with each municipality's comprehensive plan: