1999 Wisconsin Act 150

(2) Notice of referendum. Notice of the referendum shall be given by publication of the order of the circuit court in a newspaper having general circulation in the territory. Such publication Publication shall be once a week for 4 successive weeks, the. The first publication to may not be not more than 4 weeks before the referendum.

(3) Return. An incorporation referendum shall be conducted in the same manner as an annexation referendum under s. 66.021 (5) insofar as 66.0217 (7) to the extent applicable except that the ballot shall contain the words "For a city [village]" and "Against a city [village]". The inspectors shall make a return to the circuit court.

(5) Certification of incorporation. If a majority of the votes in an incorporation referendum are cast in favor of a village or city, the clerk of the circuit court shall certify the fact to the secretary of state and supply the secretary of state with a copy of a description of the legal boundaries of the village or city and the associated population and a copy of a plat thereof of the village or city. Within 10 days of receipt of the description and plat, the secretary of state shall forward 2 copies to the department of transportation, and one copy each to the department of administration, one copy to the department of revenue and one copy to the department of commerce. The secretary of state shall issue a certificate of incorporation and record the same certificate.

150,41 Section 41. 66.019 of the statutes is renumbered 66.0213 and amended to read:

66.0213 Powers of new village or city: elections; adjustment of taxes; reorganization as village. (1) Village or city powers. Every A village or city incorporated under this section shall be ss. 66.0201 to 66.0213 is a body corporate and politic, with powers and privileges of a municipal corporation at common law and conferred by these statutes.

(2) Existing ordinances. (a) Ordinances in force in the territory incorporated or any part thereof, insofar as of the territory, to the extent not inconsistent with chs. 61 and 62, shall continue in force until altered or repealed.

(b) A county shoreland zoning ordinance enacted under s. 59.692 that is in force in any part of the territory shall continue continues in force until altered under s. 59.692 (7) (ad).

(3) Interim officers. All officers of the village or town embracing the territory thus that is incorporated as a village or city shall continue in their powers and duties until the first meeting of the board of trustees or common council at which a quorum is present. Until a village or city clerk is chosen and qualified all oaths of office and other papers shall be filed with the circuit court, with whom which the petition was filed , who. The court shall deliver them the oaths and other papers with the petition to the village or city clerk when that clerk qualifies.

(4) First village or city election. (a) Within 10 days after incorporation of the village or city, the clerk of the circuit court with whom the petition was filed shall fix a time for the first election, and where appropriate designate the polling place or places, and name 3 inspectors of election for each place. The time for the election shall be fixed no less than 40 nor more than 50 days after the date of the certificate of incorporation issued by the secretary of state, irrespective of any other provision in the statutes. Nomination papers shall conform to ch. 8 insofar as to the extent applicable. Such Nomination papers shall be signed by not less than 5% nor more than 10% of the total votes cast at the referendum election, and be filed no later than 15 days before the time fixed for the election. Ten days' previous notice of the election shall be given by the clerk of the circuit court by publication in the newspapers selected under s. 66.018 66.0211 (2) and by posting notices in 3 public places in such the village or city, but failure to give such notice shall does not invalidate the election.

(b) The election shall be conducted as prescribed by ch. 6, except that no registration of voters shall may be required. The inspectors shall make returns to the clerk of the circuit court who shall, within one week after such the election, canvass the returns and declare the result. The clerk shall notify the officers-elect and issue certificates of election. If the first election is on the first Tuesday in April the officers so elected and their appointees shall commence and hold their offices as for a regular term. Otherwise they shall commence within 10 days and hold their offices until the regular village or city election and the qualification of their successors and the terms of their appointees shall expire as soon as successors qualify.

(5) Taxes levied before incorporation; how collected and divided. Whenever If a village or city is incorporated from territory within any town or towns, after the assessment of taxes in any year and before the collection of such the taxes, the tax so assessed shall be collected by the town treasurer of the town or the town treasurers of the different towns of which such the village or city formerly constituted a part, and all moneys collected from the tax levied for town purposes shall be divided between the village or city and the town or the towns, as provided by s. 66.03 66.0235 (13) (a) 1., for the division of property owned jointly by towns and villages.

(6) Reorganization of city as village. If the population of the any city falls below 1,000 as determined by the United States census, the council may upon filing of a petition conforming to the requirements of s. 8.40 containing the signatures of at least 15% of the electors submit at any general or city election the question whether the city shall reorganize as a village. If three-fifths of the votes cast on the question are for reorganization the mayor and council shall record the return in the office of the register of deeds and, file a certified copy with the clerk of the circuit court, and shall immediately call an election, to be conducted as are village elections, for the election of village officers. Upon the qualification of such the officers, the board of trustees shall declare the city reorganized as a village, and the reorganization shall be effected is effective. The clerk shall certify a copy of the declaration to the secretary of state who shall file the declaration and endorse a memorandum thereof of the declaration on the record of the certificate of incorporation of the city. Rights and liabilities of the city shall continue in favor of or against the village. Ordinances, so far as within the power of the village, shall remain in force until changed.

Note: Expands the scope of sub. (6) to include any city, not just a city incorporated under ss. 66.013 to 66.019 (renumbered ss. 66.0201 to 66.0213), by changing the reference to "the" city to "any" city.

150,42 Section 42. 66.02 of the statutes is renumbered 66.0229 and amended to read:

66.0229 Consolidation. Subject to s. 66.023 66.0307 (7), any a town, village or city may be consolidated with a contiguous town, village or city, by ordinance, passed by a two-thirds vote of all the members of each board or council, fixing the terms of the consolidation and ratified by the electors at a referendum held in each municipality. The ballots shall bear the words, "for consolidation", and "against consolidation", and if a majority of the votes cast thereon in each municipality are for consolidation, the ordinances shall then be in take effect and have the force of a contract. The ordinance and the result of the referendum shall be certified as provided in s. 66.018 66.0211 (5); if a town the certification shall be preserved as provided in ss. 60.03 and 66.018 66.0211 (5) and 66.0235, respectively. Consolidation shall does not affect the preexisting rights or liabilities of any municipality and actions thereon on those rights or liabilities may be commenced or completed as though if there were no consolidation had been effected. Any. A consolidation ordinance proposing the consolidation of a town and another municipality shall, within 10 days after its adoption and prior to its submission to the voters for ratification at a referendum, be submitted to the circuit court and the department of administration for a determination whether such the proposed consolidation is in the public interest. The circuit court shall determine whether the proposed ordinance meets the formal requirements of this section and shall then refer the matter to the department of administration, which shall find as prescribed in s. 66.014 66.0203 whether the proposed consolidation is in the public interest in accordance with the standards in s. 66.016 66.0207. The department's findings shall have the same status as incorporation findings under ss. 66.014 66.0203 to 66.019 66.0213.

150,43 Section 43. Subchapter II (title) of chapter 66 [precedes 66.0201] of the statutes is created to read:

Chapter 66

Subchapter II
Incorporation;
Municipal Boundaries

150,44 Section 44. 66.021 (title) of the statutes is renumbered 66.0217 (title) and amended to read:

66.0217 (title) Annexation of territory initiated by electors and property owners.

150,45 Section 45. 66.021 (1) (intro.) and (a) of the statutes are renumbered 66.0217 (1) (intro.) and (a).

150,46 Section 46. 66.021 (1) (am) to (e) of the statutes are renumbered 66.0217 (1) (c) to (g), and 66.0217 (1) (d), (e) and (f), as renumbered, are amended to read:

66.0217 (1) (d) "Owner" means the holder of record of an estate in possession in fee simple, or for life, in land or real property, or a vendee of record under a land contract for the sale of an estate in possession in fee simple or for life but does not include the vendor under a land contract. A tenant in common or joint tenant shall be considered such is an owner to the extent of his or her interest.

(e) "Petition" includes the original petition and any counterpart thereof of the original petition.

(f) "Real property" means land and the improvements thereon to the land.

150,47 Section 47. 66.021 (2) of the statutes is renumbered 66.0217 (3), and 66.0217 (3) (intro.) and (a) (title), as renumbered, are amended to read:

66.0217 (3) Methods Other methods of annexation. (intro.) Subject to s. 66.023 66.0307 (7), territory contiguous to any a city or village may be annexed thereto to the city or village in the following ways:

(a) (title) Direct annexation by one-half approval.

150,48 Section 48. 66.021 (2m) (title) of the statutes is repealed.

150,49 Section 49. 66.021 (2m) of the statutes is renumbered 66.0217 (10) (b) and amended to read:

66.0217 (10) (b) Whenever For purposes of this section, if a number of electors cannot be determined on the basis of reported election statistics, the number shall be determined in accordance with s. 60.74 (6).

150,50 Section 50. 66.021 (3) of the statutes is renumbered 66.0217 (4), and 66.0217 (4) (title), (a) (intro.) and (b), as renumbered, are amended to read:

66.0217 (4) (title) Notice of proposed annexation. (a) (intro.) The An annexation under sub. (3) shall be initiated by publishing in the territory proposed for annexation a class 1 notice, under ch. 985, of intention to circulate an annexation petition. The notice shall contain:

(b) The person who causes has the notice to be published shall serve a copy of the notice, within 5 days after its publication, upon the clerk of each municipality affected, upon the clerk of each school district affected and upon each owner of land in a town if that land will be in a city or village after the annexation. Such service Service may be either by personal service or by registered certified mail with return receipt requested. If required under sub. (6) (a), a copy of the notice shall be mailed to the department as provided in that paragraph.

Note: Revises the required service of notice of intention to circulate an annexation petition to include the method of certified mail, rather than registered mail. Certified mail is less expensive than registered mail and there appears to be no policy reason to require registered mail.

150,51 Section 51. 66.021 (4) of the statutes is renumbered 66.0217 (5) and amended to read:

66.0217 (5) Petition Annexation petition. (a) The An annexation petition under this section shall state the purpose of the petition, contain a legal description of the territory proposed to be annexed and have attached thereto a scale map. The petition shall also specify the population, as defined in s. 66.013 (2) (b), of the territory. In this paragraph, "population" means the population of the territory as shown by the last federal census, by any subsequent population estimate certified as acceptable by the department or by an actual count certified as acceptable by the department.

Note: In addition to the current methods, authorizes the population of the territory to be determined by an actual count, certified as acceptable by the department.

(b) No person who has signed a petition shall be permitted to may withdraw his or her name therefrom from the petition. No additional signatures shall may be added after a petition is filed.

(c) The circulation of the petition shall commence not less than 10 days nor more than 20 days after the date of publication of the notice of intention to circulate. The annexation petition shall be is void unless filed within 6 months of the date of publication of the notice.

150,52 Section 52. 66.021 (5) of the statutes is renumbered 66.0217 (7) and amended to read:

66.0217 (7) Referendum. (a) Notice. 1. Within 60 days after the filing of the petition under sub. (3), the common council or village board may accept or reject the petition and if rejected no further action shall may be taken thereon on the petition. Acceptance may consist of adoption of an annexation ordinance. Failure to reject the petition shall obligate obligates the city or village to pay the cost of any referendum favorable to annexation.

2. If the petition is not rejected the clerk of the city or village with whom the annexation petition is filed shall give written notice thereof of the petition by personal service or registered mail with return receipt requested to the clerk of any town from which territory is proposed to be detached and shall give like notice to any person who files a written request therefor with the clerk. Such The notice shall indicate whether the petition is for direct annexation or whether it requests a referendum on the question of annexation.

3. If the notice indicates that the petition is for a referendum on the question of annexation, the town clerk shall give notice as provided in par. (c) of a referendum of the electors residing in the area proposed for annexation to be held within 30 days after the date of personal service or mailing of the notice required under this paragraph. If the notice indicates that the petition is for direct annexation, no referendum shall be held unless, within 30 days after the date of personal service or mailing of the notice required under this paragraph, a petition conforming to the requirements of s. 8.40 requesting a referendum is filed with the town clerk signed by at least 20% of the electors residing in the area proposed to be annexed. If such a petition requesting a referendum is filed, the clerk shall give notice as provided in par. (c) of a referendum of the electors residing in the area proposed for annexation to be held within 30 days of the receipt of the petition and shall mail a copy of such the notice to the clerk of the city or village to which the annexation is proposed. Any The referendum shall be held at some a convenient place within the town to be specified in the notice.

(b) Clerk to act. If more than one town is involved, the city or village clerk shall determine as nearly as is practicable which town contains the most electors in the area proposed to be annexed and shall indicate in the notice required under par. (a) such that determination. The clerk of the town so designated shall perform the duties required hereunder under this subsection and the election shall be conducted in such the town as are other elections conducted therein.

(c) Publication of notice. The notice shall be published in a newspaper of general circulation in the area proposed to be annexed on the publication day next preceding the referendum election and one week prior to such that publication.

(d) How conducted. The referendum shall be conducted by the town election officials but the town board may reduce the number of such election officials for that election. The ballots shall contain the words "For annexation" and "Against annexation" and shall otherwise conform to the provisions of s. 5.64 (2). The election shall be conducted as are other town elections in accordance with chs. 6 and 7 insofar as to the extent applicable.

(e) Canvass; statement to be filed. The election inspectors shall make a statement of the holding of the election showing the whole number of votes cast, and the number cast for and against annexation, attach thereto their affidavit to the statement and immediately file it in the office of the town clerk. They shall file a certified statement of the results in the office of the clerk of each other municipality affected.

(f) Costs. If the referendum is against annexation, the costs of the election shall be borne by the towns involved in the proportion that the number of electors of each town within the territory proposed to be annexed, voting in the referendum, bears to the total number of electors in such that territory, voting in the referendum.

(g) Effect. If the result of the referendum is against annexation, all previous proceedings shall be are nullified. If the result of the referendum is for annexation, failure of any town official to perform literally any duty required by this section shall does not invalidate the annexation.

150,53 Section 53. 66.021 (6) (title) of the statutes is renumbered 66.0217 (10) (title) and amended to read:

66.0217 (10) (title) Qualifications of electors and owners; elector determination.

150,54 Section 54. 66.021 (6) of the statutes is renumbered 66.0217 (10) (a) and amended to read:

66.0217 (10) (a) Qualifications Under this section, qualifications as to electors and owners shall be determined as of the date of filing any a petition, except that all qualified electors residing in the territory proposed for annexation on the day of the conduct of a referendum election shall be entitled to may vote therein in the election. Residence and ownership must shall be bona fide and not acquired for the purpose of defeating or invalidating the annexation proceedings.

150,55 Section 55. 66.021 (7) (title), (a), (b) and (d) of the statutes are renumbered 66.0217 (8) (title), (a), (b) and (c), and 66.0217 (8) (a) and (c), as renumbered, are amended to read:

66.0217 (8) (a) An ordinance for the annexation of the territory described in the annexation petition under sub. (3) may be enacted by a two-thirds vote of the elected members of the governing body not less than 20 days after the publication of the notice of intention to circulate the petition and not later than 120 days after the date of filing with the city or village clerk of the petition for annexation or of the referendum election if favorable to the annexation. If the annexation is subject to sub. (11) (6) the governing body shall first review the reasons given by the department of administration that the proposed annexation is against the public interest. Subject to s. 59.692 (7), such an ordinance under this subsection may temporarily designate the classification of the annexed area for zoning purposes until the zoning ordinance is amended as prescribed in s. 62.23 (7) (d). Before introduction of an ordinance containing such a temporary classification, the proposed classification shall be referred to and recommended by the plan commission. The authority to make such a temporary classification shall is not be effective when the county ordinance prevails during litigation as provided in s. 59.69 (7).

(c) The annexation shall be is effective upon enactment of the annexation ordinance. The board of school directors in any city of the first a 1st class shall city is not be required to administer the schools in any territory annexed to any such the city until July 1 following such the annexation.

150,56 Section 56. 66.021 (8) of the statutes is renumbered 66.0217 (9) and amended to read:

66.0217 (9) Filing requirements; surveys. (a) The clerk of a city or village which has annexed territory shall file immediately with the secretary of state a certified copy of the ordinance, certificate and plat, and shall send one copy to each company that provides any utility service in the area that is annexed. The clerk shall also record the ordinance with the register of deeds and file a signed copy of the ordinance with the clerk of any affected school district. Failure to file, record or send shall does not invalidate the annexation and the duty to file, record or send shall be is a continuing one. The ordinance that is filed, recorded or sent shall describe the annexed territory and the associated population. The information filed with the secretary of state shall be utilized in making recommendations for adjustments to entitlements under the federal revenue sharing program and distribution of funds under ch. 79. The clerk shall certify annually to the secretary of state and record with the register of deeds a legal description of the total boundaries of the municipality as those boundaries existed on December 1, unless there has been no change in the 12 months preceding.

(b) Within 10 days of receipt of the ordinance, certificate and plat, the secretary of state shall forward 2 copies of the ordinance, certificate and plat to the department of transportation, one copy to the department of administration, one copy to the department of revenue, one copy to the department of public instruction, one copy to the department of commerce, one copy to the department of natural resources, one copy to the department of agriculture, trade and consumer protection and 2 copies to the clerk of the municipality from which the territory was annexed.

(c) Any city or village may direct a survey of its present boundaries to be made, and when properly attested the survey and plat may be filed in the office of the register of deeds in the county in which the city or village is located, whereupon. Upon filing, the survey and plat shall be are prima facie evidence of the facts therein set forth in the survey and plat.

150,57 Section 57. 66.021 (9) of the statutes is renumbered 66.0217 (12) and amended to read:

66.0217 (12) Validity of plats. Where any If an annexation is declared invalid but prior to such before the declaration and subsequent to such the annexation a plat has been is submitted and has been is approved as required in s. 236.10 (1) (a), such the plat shall be deemed is validly approved despite the invalidity of the annexation.

150,58 Section 58. 66.021 (10) of the statutes is renumbered 66.0217 (11), and 66.0217 (11) (title) and (a), as renumbered, are amended to read:

66.0217 (11) (title) Action to contest annexation. (a) An action on any grounds whatsoever, whether denominated procedural or jurisdictional, to contest the validity of an annexation shall be commenced within the time after adoption of the annexation ordinance provided by s. 893.73 (2). During the action, the application of, and jurisdiction over, any county zoning in the area annexed is as provided under s. 59.69 (7).

Note: A cross-reference to s. 59.69 (7) is added for convenience.

150,59 Section 59. 66.021 (11) of the statutes is renumbered 66.0217 (6), and 66.0217 (6) (title), (a) and (c) (intro.), as renumbered, are amended to read:

66.0217 (6) (title) Review Department review of annexations. (a) Annexations within populous counties. No annexation proceeding within a county having a population of 50,000 or more shall be is valid unless the person causing publishing a notice of annexation to be published under sub. (3) shall within 5 days of the publication mail (4) mails a copy of the notice, legal description and a scale map of the proposed annexation to the clerk of each municipality affected and the department of administration within 5 days of the publication. The department may within 20 days after receipt of the notice mail to the clerk of the town within which the territory lies and to the clerk of the proposed annexing village or city a notice that in its opinion the annexation is against the public interest. No later than 10 days after mailing the notice, the department shall advise the clerk of the town in which the territory is located and the clerk of the village or city to which the annexation is proposed and that advises the clerks of the reasons the annexation is against the public interest as defined in par. (c). The annexing municipality shall review the advice before final action is taken.

Note: 1. Eliminates, as redundant, reference to mailing a copy of the legal description and scale map since the description and map are a required content of the notice under renumbered sub. (4) (a) [former sub. (3) (a)].

2. Eliminates, as unnecessary, the additional 10 days currently allowed the department of administration to give its reason for determining that a proposed annexation is against the public interest after it gives notice of that determination.

(c) Definition of public interest. (intro.) For purposes of this subsection "public interest" is determined by the department of administration after consideration of the following:

150,60 Section 60. 66.021 (12) of the statutes is renumbered 66.0217 (2) and amended to read:

66.0217 (2) Unanimous Direct annexation by unanimous approval. If a petition for direct annexation signed by all of the electors residing in the territory and the owners of all of the real property in the territory is filed with the city or village clerk, and with the town clerk of the town or towns in which the territory is located, together with a scale map and a legal description of the property to be annexed, an annexation ordinance for the annexation of the territory may be enacted by a two-thirds vote of the elected members of the governing body of the city or village without compliance with the notice requirements of sub. (3) (4). In such annexations an annexation under this subsection, subject to sub. (11) (6), the person filing the petition with the city or village clerk and the town clerk shall, within 5 days of the filing, mail a copy of the scale map and a legal description of the territory to be annexed to the department of administration and the governing body shall review the advice of the department, if any, before enacting the annexation ordinance.

150,61 Section 61. 66.021 (13) of the statutes is repealed.

Note: Repeals as unnecessary a provision providing that the procedure for annexation by unanimous approval under current s. 66.021 (12) does not eliminate the required review by the department of administration of annexations in counties over 50,000 population. The subsection on annexations by unanimous approval [sub. (12)] expressly states that annexations under that provision are subject to department of administration review.

150,62 Section 62. 66.021 (15) of the statutes is renumbered 66.0221 and amended to read:

66.0221 Annexation of and creation of town islands. Upon its own motion, a city or village by a two-thirds vote of the entire membership of its governing body may enact an ordinance annexing territory which comprises a portion of a town or towns and which was completely surrounded by territory of the city or village on December 2, 1973. The ordinance shall include all surrounded town areas except those exempt by mutual agreement of all of the governing bodies involved. The annexation ordinance shall contain a legal description of the territory and the name of the town or towns from which the territory is detached. Upon enactment of the ordinance, the city or village clerk immediately shall file 6 certified copies of the ordinance in the office of the secretary of state, together with 6 copies of a scale map. The secretary of state shall forward 2 copies of the ordinance and scale map to the department of transportation, one copy to the department of natural resources, one copy to the department of revenue and one copy to the department of administration. This subsection section does not apply if the town island was created only by the annexation of a railroad right-of-way or drainage ditch. This subsection section does not apply to land owned by a town government which has existing town government buildings located thereon on the land. No town island may be annexed under this subsection section if the island consists of over 65 acres or contains over 100 residents. Section 66.0217 (11) applies to annexations under this section. After December 2, 1973, no city or village may, by annexation, create a town area which is completely surrounded by the city or village.

150,63 Section 63. 66.021 (16) of the statutes is renumbered 66.0217 (13).

150,64 Section 64. 66.0217 (1) (b) of the statutes is created to read:

66.0217 (1) (b) "Department" means the department of administration.

150,65 Section 65 . 66.0217 (4) (a) 6. of the statutes is created to read:

66.0217 (4) (a) 6. A statement that a copy of the scale map may be inspected at the office of the town clerk for the territory proposed to be annexed and the office of the city or village clerk for the city or village to which the territory is proposed to be 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.

150,66 Section 66. 66.022 of the statutes is renumbered 66.0227 and amended to read:

66.0227 Detachment of territory. Subject to s. 66.023 66.0307 (7), territory may be detached from any a city or village and be attached to any a city, village or town, to which it is contiguous, in the following manner as follows:

(1) A petition signed by a majority of the owners of three-fourths of the taxable land in area within such the territory to be detached or, if there is no taxable land therein in the territory, by all owners of such land in the territory, shall be filed with the clerk of the city or village from which detachment is sought, within 120 days after the date of publication of a class 1 notice, under ch. 985, of intention to circulate a petition of detachment.

(2) An ordinance detaching such the territory may be enacted within 60 days after the filing of such the petition, by a vote of three-fourths of all the members of the governing body of the detaching city or village and its terms accepted within 60 days after such enactment, by an ordinance enacted by a vote of three-fourths of all the members of the governing body of the city, village or town to which such the territory shall be annexed is to be attached. The failure of any a governing body to adopt the ordinance as provided herein shall be deemed under this subsection is a rejection of the petition and all proceedings thereunder shall be are void.

(3) The governing body of any a city, village or town involved may, or if a petition conforming to the requirements of s. 8.40 signed by a number of qualified electors thereof equal to at least 5% of the votes cast for governor in the city, village or town at the last gubernatorial election, demanding a referendum thereon, is presented to it within 30 days after the passage of either of the ordinances herein provided for under sub. (2) shall, cause the question to be submitted submit the question to the electors of the city, village or town whose electors petitioned therefor for detachment, at a referendum election called for such that purpose within 30 days after the filing of such the petition, or after the enactment of either ordinance. Whenever If a number of electors cannot be determined on the basis of reported election statistics, the number shall be determined in accordance with s. 60.74 (6). The governing body of the municipality shall appoint 3 election inspectors who shall be are resident electors to supervise the referendum. The ballots shall contain the words "For Detachment" and "Against Detachment". The inspectors shall certify the results of the election by their attached affidavits annexed thereto and file a copy with the clerk of each town, village or city involved, and none of the ordinances so provided for shall may take effect nor be in force unless a majority of the electors shall approve the same question. The referendum election shall be conducted in accordance with chs. 6 and 7 insofar as to the extent applicable.

(4) Whenever any If an area which has been subject to a city or village zoning ordinance is detached from one municipality and attached to another in accordance with under this section, the regulations imposed by such the zoning ordinance shall continue in effect and shall be enforced by the attaching city, village or town until changed by official action of the governing body of such the municipality, except that if the detachment or attachment is contested in the courts, the zoning ordinance of the detaching municipality shall prevail prevails, and such the detaching city or village shall have has jurisdiction over the zoning in the area affected until ultimate determination of the court action.