1999 Wisconsin Act 150

66.1003 (title) Discontinuance of streets and alleys a public way.

150,338 Section 338. 66.296 (1) of the statutes is renumbered 66.1003 (2) and amended to read:

66.1003 (2) The whole or any part of any road, street, slip, pier, lane or paved alley, in any 2nd, 3rd or 4th class city or in any village or town, may be discontinued by the common council or village or town board common council of any city, except a 1st class city, or a village or town board may discontinue all or part of a public way upon the written petition of the owners of all the frontage of the lots and lands abutting upon the portion thereof public way sought to be discontinued, and of the owners of more than one-third of the frontage of the lots and lands abutting on that portion of the remainder thereof of the public way which lies within 2,650 feet of the ends of the portion to be discontinued, or lies within so much of that 2,650 feet as shall be is within the corporate limits of the city, village or town. The beginning and ending of an alley shall be considered to be within the block in which it is located. This subsection does not apply to a highway upon the line between 2 towns that is subject to s. 80.11.

150,339 Section 339. 66.296 (1m) of the statutes is renumbered 66.1003 (3) and amended to read:

66.1003 (3) The whole or any part of any unpaved alley in any 2nd, 3rd or 4th class city or in any village or town may be discontinued by the common council or village or town board common council of any city, except a 1st class city, or a village or town board may discontinue all or part of an unpaved alley upon the written petition of the owners of more than 50% of the frontage of the lots and lands abutting upon the portion thereof of the unpaved alley sought to be discontinued. The beginning and ending of an unpaved alley shall be considered to be within the block in which it is located. This subsection does not apply to a highway upon the line between 2 towns that is subject to s. 80.11.

150,340 Section 340. 66.296 (2) of the statutes is renumbered 66.1003 (4), and 66.1003 (4) (a) to (c), as renumbered, are amended to read:

66.1003 (4) (a) As an alternative Notwithstanding subs. (2) and (3), proceedings covered by this section may be initiated by the common council or village or town board by the introduction of a resolution declaring that since the public interest requires it, the whole or any part of any road, street, slip, pier, lane or alley in the city, village or town is thereby a public way or an unpaved alley is vacated and discontinued. No discontinuance of a public way under this subsection may result in a landlocked parcel of property.

(b) A hearing on the passage of such a resolution under par. (a) shall be set by the common council or village or town board on a date which shall not be less than 40 days thereafter after the date on which the resolution is introduced. Notice of the hearing shall be given as provided in sub. (5) (8), except that in addition notice of such the hearing shall be served on the owners of all of the frontage of the lots and lands abutting upon the portion thereof public way or unpaved alley sought to be discontinued in a manner provided for the service of summons in circuit court at least 30 days before such the hearing. When such service cannot be made within the city, village or town, a copy of the notice shall be mailed to the owner's last-known address at least 30 days before the hearing.

(c) No Except as provided in this paragraph, no discontinuance of the whole or any part of any road, street, slip, pier, lane or paved alley shall a public way may be ordered under this subsection if a written objection to the proposed discontinuance is filed with the city, village or town clerk by any of the owners abutting on the portion public way sought to be discontinued or by the owners of more than one-third of the frontage of the lots and lands abutting on that portion of the remainder thereof of the public way which lies within 2,650 feet from the ends of the portion public way proposed to be discontinued; or which lies within so much of said that portion of the 2,650 feet as shall be that is within the corporate limits of the city, village or town. If a written objection is filed, the discontinuance may be ordered only by the favorable vote of two-thirds of the members of the common council or village or town board voting on the proposed discontinuance. An owner of property abutting on a discontinued public way whose property is damaged by the discontinuance may recover damages as provided in ch. 32. The beginning and ending of an alley shall be considered to be within the block in which it is located.

Note: Amends sub. (4) (a) by prohibiting discontinuance of a public way under the subsection that results in a landlocked parcel.

Amends sub. (4) (c). The current provision states that a discontinuance may not be ordered if a written objection is filed by any owner abutting the property to be discontinued or filed by the owners of more than one-third of the frontage of the lots and lands abutting the property to be discontinued which lies within 2,650 feet from the ends of the property, or which lies within 2,650 feet of the municipal limits. The provision is amended as follows:

1. If a written objection is filed, either by an abutting owner or an appropriate number of those other owners affected by the discontinuance, the discontinuance may be ordered only by the favorable vote of two-thirds of the members of the common council or village or town board voting on the proposed discontinuance.

2. It is expressly stated that an owner of property abutting on a discontinued public way whose property is damaged by the discontinuance may recover damages as provided in ch. 32.

150,341 Section 341. 66.296 (2m) of the statutes is renumbered 66.1003 (5).

150,342 Section 342 . 66.296 (3), (4) and (5) of the statutes are renumbered 66.1003 (6), (7) and (8) and amended to read:

66.1003 (6) Whenever any of the lots or lands subject to this section is owned by the state, county, city, village or town, or by a minor or incompetent person, or the title thereof to the lots or lands is held in trust, as to all lots and lands so owned or held, petitions for discontinuance or objections to discontinuance may be signed by the governor, chairperson of the board of supervisors of the county, mayor of the city, president of the village, chairperson of the town board, guardian of the minor or incompetent person, or the trustee, respectively, and the signature of any private corporation may be made by its president, secretary or other principal officer or managing agent.

(7) The city council or village or town board may by resolution discontinue any alley or any portion thereof of an alley which has been abandoned, at any time after the expiration of 5 years from the date of the recording of the plat by which it was dedicated. Failure or neglect to work or use any alley or any portion thereof of an alley for a period of 5 years next preceding the date of notice provided for in sub. (5) (8) shall be considered an abandonment for the purpose of this section.

(8) Notice stating when and where the petition or resolution under this section will be acted upon and stating what road, street, slip, pier, lane or alley, or part thereof, public way or unpaved alley is proposed to be discontinued, shall be published as a class 3 notice, under ch. 985.

150,343 Section 343. 66.296 (6) of the statutes is renumbered 66.1003 (9).

150,344 Section 344. 66.297 of the statutes is renumbered 62.73 and amended to read:

62.73 Discontinuance of public grounds. (1) In every city of the 1st class, the The common council of a 1st class city may vacate in whole or in part such highways, streets, alleys, grounds, waterways, public walks and other public grounds within the corporate limits of the city as in its opinion that it determines the public interest requires to be vacated or are of no public utility, subject to s. 80.32 (4). Such proceedings Proceedings under this section shall be commenced either by a petition presented to the common council signed by the owners of all property which abuts upon the portion of the public facilities proposed to be vacated, or by a resolution adopted by the common council. The requirements of s. 840.11 shall apply to proceedings under this section.

(2) All petitions or resolutions shall be referred to a committee of the common council for a public hearing on such the proposed discontinuance and at least 7 days shall elapse between the date of the last service and the date of such the hearing. A notice of such hearing shall be served on the owners of record of all property which abuts upon the portion of the public facilities proposed to be vacated, in the manner provided for service of a summons.

(3) If the common council initiates a discontinuance proceeding by resolution without a petition signed by all of the owners of the property which abuts the public facility proposed to be discontinued, any owner of property abutting such the public facility whose property is damaged thereby by the discontinuance may recover such damages as provided in ch. 32.

(4) The common council may also order that an assessment of benefits be made and when so ordered the assessment shall be made as provided in s. 66.60 66.0703.

150,345 Section 345. 66.298 of the statutes is renumbered 66.0905 and amended to read:

66.0905 Pedestrian malls. After referring the matter to the plan commission for report under s. 62.23 (5), or the town zoning committee under s. 60.61 (4), and after holding a public hearing on the matter with publication of a Class 1 notice of the hearing, the governing body of any city or village, or any town board acting under s. 60.61 or 60.62, may by ordinance designate any street, road or public way or any part thereof of a street, road or public way wholly within its jurisdiction as a pedestrian mall and prohibit or limit the use thereof by vehicular traffic in the pedestrian mall. Creation of such a pedestrian malls shall mall under this section does not constitute a discontinuance or vacation of such the street, road or public way under s. 66.296 66.1003 or 236.43.

150,346 Section 346. 66.299 (title) and (1) of the statutes are renumbered 66.0131 (title) and (1), and 66.0131 (1) (a), as renumbered, is amended to read:

66.0131 (1) (a) "Local governmental unit" means a political subdivision of this state, a special purpose district in this state, an agency or corporation of such a political subdivision or special purpose district, or a combination or subunit of any of the foregoing.

150,347 Section 347. 66.299 (2) to (5) of the statutes, as affected by 1999 Wisconsin Act 9, are renumbered 66.0131 (2) to (5).

150,348 Section 348 . 66.30 (title) and (1) of the statutes, as affected by 1999 Wisconsin Act 9, are renumbered 66.0301 (title) and (1).

150,349 Section 349. 66.30 (2) of the statutes is renumbered 66.0301 (2) and amended to read:

66.0301 (2) In addition to the provisions of any other statutes specifically authorizing cooperation between municipalities, unless such those statutes specifically exclude action under this section, any municipality may contract with other municipalities and with federally recognized Indian tribes and bands in this state, for the receipt or furnishing of services or the joint exercise of any power or duty required or authorized by law. If municipal or tribal parties to a contract have varying powers or duties under the law, each may act under the contract to the extent of its lawful powers and duties. A contract under this subsection may bind the contracting parties for the length of time specified in the contract. This section shall be interpreted liberally in favor of cooperative action between municipalities and between municipalities and Indian tribes and bands in this state.

Note: The underscored sentence restates s. 66.30 (4), which is repealed by Section 354 of this bill.

150,350 Section 350 . 66.30 (2g) of the statutes is renumbered 66.0311 (2) and amended to read:

66.0311 (2) Any municipality, housing authority, development authority or redevelopment authority authorized under ss. 66.40 to 66.435 66.1201 to 66.1211 and 66.1301 to 66.1337:

(a) To issue bonds or obtain other types of financing in furtherance of its statutory purposes may cooperate with any other municipality, housing authority, development authority or redevelopment authority similarly authorized under ss. 66.40 to 66.435 66.1201 to 66.1211 and 66.1301 to 66.1337 for the purpose of jointly issuing bonds or obtaining other types of financing.

(b) To plan, undertake, own, construct, operate and contract with respect to any housing project in accordance with its statutory purposes under ss. 66.40 to 66.435 66.1201 to 66.1211 and 66.1301 to 66.1337, may cooperate for the joint exercise of such functions with any other municipality, housing authority, development authority or redevelopment authority so authorized.

150,351 Section 351 . 66.30 (2m) of the statutes is renumbered 36.11 (19), and 36.11 (19) (a) to (c), as renumbered, are amended to read:

36.11 (19) (a) The university of Wisconsin board may furnish, and school districts may accept, services for educational study and research projects and they may enter into contracts under this section s. 66.0301 for that purpose.

(b) A group of school districts, if authorized by each school board, may form a nonprofit-sharing corporation to contract with the state or the university of Wisconsin system board for the furnishing of the services specified in par. (a).

(c) The corporation shall be organized under ch. 181 and shall have the powers there applicable. Members of the school boards specified in par. (b) may serve as incorporators, directors and officers of the corporation.

150,352 Section 352. 66.30 (3) and (3m) of the statutes are renumbered 66.0301 (3) and (4) and amended to read:

66.0301 (3) Any such contract under sub. (2) may provide a plan for administration of the function or project, which may include, without limitation because of enumeration, but is not limited to provisions as to proration of the expenses involved, deposit and disbursement of funds appropriated, submission and approval of budgets, creation of a commission, selection and removal of commissioners, and formation and letting of contracts.

(4) A commission created by contract under sub. (2) may finance the acquisition, development, remodeling, construction and equipment of land, buildings and facilities for regional projects under s. 66.066 66.0621. Participating municipalities acting jointly or separately may finance such the projects, or an agreed share of the cost thereof of the projects, under ch. 67.

150,353 Section 353. 66.30 (3n) and (3p) of the statutes are consolidated, renumbered 66.0301 (5) (intro.) and amended to read:

66.0301 (5) (intro.) No commission created by contract under this section is authorized sub. (2) may, directly or indirectly, to acquire, do any of the following:

(a) Acquire, construct or lease facilities used or useful in the business of a public utility engaged in production, transmission, delivery or furnishing of heat, light, power, natural gas or communications service, by any method except those set forth under this chapter or ch. 196, 197 or 198. (3p) The authority now or hereafter conferred by law on commissions created by contract under this section shall not include the right, power or authority to establish

(b) Establish, lay out, construct, improve, discontinue, relocate, widen or maintain any road or highway outside the corporate limits of a village or city or to acquire lands for such those purposes except upon approval of the department of transportation and the county board of the county and the town board of the town in which the road is to be located.

150,354 Section 354 . 66.30 (4) of the statutes is repealed.

Note: The substance of this repealed subsection is relocated to s. 66.0301 (2), as renumbered [current s. 66.30 (2)]. See Section 348 of this bill.

150,355 Section 355 . 66.30 (5) (intro.), (a) and (b) of the statutes are renumbered 66.0303 (2), (3) and (4) and amended to read:

66.0303 (2)  Any A municipality may contract with municipalities of another state for the receipt or furnishing of services or the joint exercise of any power or duty required or authorized by statute to the extent that laws of such the other state or of the United States permit such the joint exercise.

(3) Every An agreement made under this subsection section shall, prior to and as a condition precedent to taking effect, be submitted to the attorney general who shall determine whether the agreement is in proper form and compatible with the laws of this state. The attorney general shall approve any agreement submitted hereunder under this subsection unless the attorney general finds that it does not meet the conditions set forth herein in this section and details in writing addressed to the concerned municipal governing bodies the specific respects in which the proposed agreement fails to meet the requirements of law. Failure to disapprove an agreement submitted hereunder under this subsection within 90 days of its submission shall constitute constitutes approval thereof. The attorney general, upon submission of an agreement hereunder, shall transmit a copy of the agreement to the governor who shall consult with any state department or agency affected by the agreement. The governor shall forward to the attorney general any comments the governor may have concerning the agreement.

(4) An agreement entered into under this subsection shall have section has the status of an interstate compact, but in any case or controversy involving performance or interpretation thereof of or liability thereunder under the agreement, the municipalities party thereto shall be to the agreement are real parties in interest and the state may commence an action to recoup or otherwise make itself whole for any damages or liability which it may incur by reason of being joined as a party therein. Such. The action by the state may be maintained against any municipality whose act or omission caused or contributed to the incurring of damage or liability by the state.

150,356 Section 356. 66.30 (6) (a) of the statutes is repealed.

150,357 Section 357. 66.30 (6) (b) to (h) of the statutes are renumbered 120.25 (1) to (6), and 120.25 (1), (2) (intro.), (3), (5) and (6), as renumbered, are amended to read:

120.25 (1) Two or more school boards of school districts may by written contract executed by all participants to the contract, own, construct, lease or otherwise acquire school facilities including real estate located within or outside the boundaries of any participating school district.

(2) (intro.) School district boards entering into a contract under this subsection section may, without limitation because of enumeration:

(3) A contract entered into under this subsection section shall at all times be limited to a period of 50 years but may, by mutual written consent of all participants, be modified or extended beyond the initial term.

(5) At least 30 days prior to entering into a contract under this subsection section or a modification or extension of the contract, the school boards of the districts involved or their designated agent shall file the proposed agreement with the state superintendent of public instruction to enable the department to assist and advise the school boards involved in regard to the applicable recognized accounting procedure for the administration of the school aid programs. The state superintendent shall review the terms of the proposed contract to ensure that each participating school district's interests are protected.

(6) School district boards entering into a contract under this subsection section shall designate for each employe providing services under the contract either a school district entering into the contract or a cooperative educational service agency under ch. 116 as the employer for purposes of compliance with s. 111.70, teacher's retirement, worker's compensation and unemployment insurance.

150,358 Section 358 . 66.301 of the statutes is renumbered 66.1019 (1).

150,359 Section 359 . 66.302 of the statutes is renumbered 66.1019 (2).

150,360 Section 360. 66.303 of the statutes is renumbered 66.1019 (3), and 66.1019 (3) (a), as renumbered, is amended to read:

66.1019 (3) (a) Except as provided in sub. (2) par. (b), any ordinance enacted by a county, city, village or town relating to the construction or inspection of multifamily dwellings, as defined in s. 101.971 (2), shall conform to subch. VI of ch. 101 and s. 101.02 (7m).

150,361 Section 361. 66.304 of the statutes is renumbered 66.1017.

150,362 Section 362. 66.305 (title) of the statutes is renumbered 66.0313 (title).

150,363 Section 363 . 66.305 (1) and (2) of the statutes are renumbered 66.0313 (2) and (3) and amended to read:

66.0313 (2) Upon the request of any law enforcement agency, including county law enforcement agencies as provided in s. 59.28 (2), the law enforcement personnel of any other law enforcement agency may assist the requesting agency within the latter's jurisdiction, notwithstanding any other jurisdictional provision. For purposes of ss. 895.35 and 895.46, such law enforcement personnel, while acting in response to such request a request for assistance, shall be deemed employes of the requesting agency.

(3) The provisions of s. 66.315 shall 66.0513 apply to this section.

150,364 Section 364. 66.307 of the statutes is renumbered 66.1113, and 66.1113 (2) (c), as renumbered, is amended to read:

66.1113 (2) (c) If 2 or more contiguous political subdivisions that are premier resort areas each impose the tax under s. 77.994, they may enter into a contract under s. 66.30 66.0301 to cooperate in paying for infrastructure expenses, in addition to any other authority they have to act under s. 66.30 66.0301.

150,365 Section 365. 66.31 of the statutes is renumbered 66.1009.

150,366 Section 366. 66.312 of the statutes is renumbered 66.0511.

150,367 Section 367. 66.315 of the statutes is renumbered 66.0513 and amended to read:

66.0513 Police, pay when acting outside county or municipality. (1) Any chief of police, sheriff, deputy sheriff, county traffic officer or other peace officer of any city, county, village or town, who shall be is required by command of the governor, sheriff or other superior authority to maintain the peace, or who responds to the request of the authorities of another municipality, to perform police or peace duties outside territorial limits of the city, county, village or town where employed as such officer, shall be the officer is employed, is entitled to the same wage, salary, pension, worker's compensation, and all other service rights for such this service as for service rendered within the limits of the city, county, village or town where regularly employed.

(2) All wage and disability payments, pension and worker's compensation claims, damage to equipment and clothing, and medical expense arising under sub. (1), shall be paid by the city, county, village or town regularly employing such peace the officer. Upon making such the payment such the city, county, village or town shall be reimbursed by the state, county or other political subdivision whose officer or agent commanded the services out of which the payments arose.

150,368 Section 368. 66.32 of the statutes is renumbered 66.0105 and amended to read:

66.0105 Extraterritorial Jurisdiction of overlapping extraterritorial powers. The extraterritorial powers granted to cities and villages by statute, including ss. 30.745, 62.23 (2) and (7a), 66.052 66.0415, 236.10 and 254.57, may not be exercised within the corporate limits of another city or village. 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.

150,369 Section 369. 66.325 of the statutes is renumbered 166.23, and 166.23 (title), as renumbered, is amended to read:

166.23 (title) Emergency powers of cities, villages and towns.

150,370 Section 370. 66.33 of the statutes is renumbered 281.695.

150,371 Section 371. 66.34 of the statutes is renumbered 92.115, and 92.115 (title), as renumbered, is amended to read:

92.115 (title) Soil Municipal soil conservation on private lands.

150,372 Section 372 . 66.345 of the statutes is repealed.

Note: The repealed section authorizes towns to levy special assessments against lands or interests specially benefited by the town's removal and disposition of dead animals under s. 60.23 (20), soil conservation work under s. 66.34 and snow removal under s. 86.105. Because of the nature of these services, the special committee determined that the costs of the services, to the extent not covered by other funding sources, are more appropriately funded by special charges. See Section 170 of this bill.

150,373 Section 373. 66.35 of the statutes is renumbered 285.54.

150,374 Section 374 . 66.36 of the statutes is renumbered 281.59 (13f), and 281.59 (13f) (intro.) and (c) to (f), as renumbered, are amended to read:

281.59 (13f) Municipal financing; clean water fund project costs funding of financial assistance. (intro.) Subject to the terms and conditions of its financial assistance agreement, a municipality may repay financial assistance costs received under from the clean water fund program under ss. s. 281.58 and 281.59 under this section by any lawful method, including any one of the following methods or any combination thereof of the methods: