1999 Wisconsin Act 150

(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.

(5) The ordinance, certificate and plat shall be filed and recorded in the same manner as for annexations under s. 66.021 (8) 66.0217 (9) (a). The requirements for the secretary of state shall be are the same as in s. 66.021 (8) 66.0217 (9) (b).

(6) Because the creation of congressional, legislative, supervisory and aldermanic districts of equal population is a matter of statewide concern, any detachment action that affects a tract of land that is the subject of an ordinance enacted or resolution adopted by any a city during the period from January 1, 1990, to April 1, 1991, or any later date, expressing an intent to not exercise the city's authority to annex territory before April 1, 1991, or the specified later date, taken by a municipality during the period beginning on April 1 of the year commencing after each federal decennial census of population and ending on June 30 of the year commencing after that census, is effective on July 1 of the year commencing after that census or at such a later date as may be specified in the detachment ordinance. This subsection first applies to detachments effective after March 31, 1991.

150,67 Section 67. 66.023 of the statutes is renumbered 66.0307, and 66.0307 (4) (c) and (10), as renumbered, are amended to read:

66.0307 (4) (c) Comment on plan. Any person may comment on the plan during the hearing and may submit written comments before, at or within 20 days following the hearing. All comments shall be considered by each participating municipality. Any A county zoning agency under s. 59.69 (2) or regional planning commission whose jurisdiction includes any participating municipality shall comment in writing on the plan's effect on the master plan adopted by the regional planning commission under s. 66.945 66.0309 (9), or development plan adopted by the county board or county planning agency under s. 59.69 (3), and on the delivery of municipal services, and may comment on any other aspect of the plan. Any A county in the regional planning commission's jurisdiction may submit comments on the effect of the cooperative plan on the master plan adopted under s. 66.945 66.0309 (9) and on the delivery of county services or on any other matter related to the plan.

(10) Boundary change ordinance; filing and recording requirements. A boundary change under a cooperative plan shall be accomplished by the enactment of an ordinance by the governing body designated to do so in the plan. The filing and recording requirements under s. 66.021 (8) 66.0217 (9) (a), as they apply to cities and villages under s. 66.021 (8) 66.0217 (9) (a), apply to municipalities under this subsection. The requirements for the secretary of state shall be are the same as those required in s. 66.021 (8) 66.0217 (9) (a).

150,68 Section 68. 66.024 of the statutes is renumbered 66.0219, and 66.0219 (intro.), (1) to (3), (4) (a) and (b) and (5) to (9), as renumbered, are amended to read:

66.0219 Annexation by referendum; court order initiated by city or village. (intro.) As a complete alternative to any other annexation procedure, and subject to s. 66.023 66.0307 (7), unincorporated territory which contains electors and is contiguous to a city or village may be annexed thereto in the manner hereafter provided to the city or village under this section. The definitions in s. 66.021 66.0217 (1) shall apply to this section.

(1) Procedure for annexation. (a) The governing body of the city or village to which it is proposed to annex territory shall, by resolution adopted by two-thirds of the members-elect, declare its intention to apply to the circuit court for an order for an annexation referendum, and shall publish the resolution in a newspaper having general circulation in the area proposed to be annexed, as a class 1 notice, under ch. 985, and shall cause to be made. The governing body shall prepare a scale map of such the territory to be annexed, showing it in relation to the annexing city or village. The resolution shall contain a description of the territory to be affected, sufficiently accurate to determine its location, the name of the municipalities directly affected and the name and post-office address of the municipal official causing responsible for the publication of the resolution to be published. The person who causes the resolution to be published shall serve a. A copy of the resolution together with the scale map shall be served upon the clerk of the town or towns from which the territory is to be detached within 5 days of the date of publication of the resolution. Such service Service may be either by personal service or by registered mail and if by registered mail an affidavit must shall be on file with the annexing body indicating the date said on which the resolution was mailed. The annexation shall be deemed is considered commenced upon publication of the resolution.

(b) Application to the circuit court shall be by petition subscribed by the officers designated by the governing body, and shall have attached as a part thereof: the scale map, a certified copy of the resolution of the governing body and an affidavit of the publication and filing required under par. (a). Such The petition shall be filed in the circuit court not less than 30 days but no more than 45 days after the publication of the notice of intention.

(2) Protest to court by electors; hearing. (a) If, prior to the date set for hearing upon such an application filed under sub. (1) (b), there is filed with the court a petition signed by a number of qualified electors residing in the territory equal to at least a majority of the votes cast for governor in the territory at the last gubernatorial election or the owners of more than one-half of the real property in assessed value in such the territory, protesting against the annexation of such the territory, the court shall deny the application for an annexation referendum. 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).

(b) If a petition protesting the annexation is found insufficient the court shall proceed to hear all parties interested for or against the application. The court may in its discretion adjourn such the hearing from time to time, direct a survey to be made and refer any question for examination and report thereon. Any. A town whose territory is involved in the proposed annexation shall, upon application, be a party and is entitled to be heard on any relevant matter pertaining thereto.