Amendment ASA1-AB114

LRBs0378/1

MES:jlg:jf

1997 - 1998 LEGISLATURE

ASSEMBLY SUBSTITUTE AMENDMENT 1, TO 1997 ASSEMBLY BILL 114

January 15, 1998 - Offered by Representative Ladwig.

AB114-ASA1,1,4 An Act to amend 60.61 (2) (intro.), 60.62 (1), 60.62 (2), 60.62 (3), 62.23 (7a) (a), 66.021 (2) (intro.), 66.024 (intro.), 66.025, 66.32 and 236.02 (5); and to create 60.10 (1) (g) and 60.225 of the statutes; relating to: the authority of certain towns to become urban towns.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB114-ASA1, s. 1 Section 1. 60.10 (1) (g) of the statutes is created to read:

AB114-ASA1,1,7 60.10 (1) (g) Approval of resolutions. Approve a resolution adopted by the town board under s. 60.225 (1).

AB114-ASA1, s. 2 Section 2. 60.225 of the statutes is created to read:

AB114-ASA1,2,2 60.225 Urban towns. (1) Process; requirements. Subject to sub. (1m), if a town board is authorized to exercise village powers under s. 60.10 (2) (c), and subject to sub. (2), a town board may adopt a resolution declaring its town to be an urban town that is subject to this section if, on the date of adoption of the resolution, all of the following conditions are satisfied:

AB114-ASA1,2,3 (a) The population of the town is at least 7,500.

AB114-ASA1,2,4 (b) The equalized value of the town exceeds all of the following amounts:

AB114-ASA1,2,5 1. According to the most recent assessment, $360,000,000.

AB114-ASA1,2,6 2. On a per person basis, $40,000 according to the most recent assessment.

AB114-ASA1,2,9 (c) The town provides law enforcement services, 24 hours a day, by establishing a town police department, by creating a joint police department with another city, village or town under s. 60.56 or by contracting with another person under s. 60.56.

AB114-ASA1,2,12 (d) The town provides fire protection services, 24 hours a day, by establishing a town fire department or by creating a joint fire department with another city, village or town under s. 60.55.

AB114-ASA1,2,14 (e) The town provides emergency medical technician services, 24 hours a day, by an emergency medical technician, as defined in s. 146.50 (1) (e).

AB114-ASA1,2,17 (f) The town board adopts a comprehensive land use plan as part of a master plan under s. 62.23 (2) and (3) that is administered by a planner who is employed by the town.

AB114-ASA1,2,19 (g) At least 30% of the town residents receive water supply and sanitary sewage disposal services from one of the following:

AB114-ASA1,2,20 1. A town sanitary district created by the town under subch. IX.

AB114-ASA1,2,21 2. A town utility district created under s. 66.072.

AB114-ASA1,2,23 3. A metropolitan sewerage district created under ss. 66.20 to 66.26 or under ss. 66.88 to 66.918.

AB114-ASA1,2,24 4. A public utility created under s. 196.01 (5).

AB114-ASA1,2,25 5. A town sanitary district created by another town under subch. IX.

AB114-ASA1,3,1 6. A city or village.

AB114-ASA1,3,4 7. A city-owned treatment works or village-owned treatment works in which the town has an interest under an intergovernmental cooperation agreement under s. 66.30.

AB114-ASA1,3,5 (h) The town board consists of 5 supervisors.

AB114-ASA1,3,11 (1m) Procedure. (a) Subject to par. (c) and except as provided in par. (b), a town board may proceed under sub. (1) only if the town board adopts a resolution declaring its intent to proceed under this paragraph and only if the town board institutes proceedings under s. 66.02 to consolidate the town with a city or village on or after the effective date of this paragraph .... [revisor inserts date], and if, between 1986 and 1996, the town board has done one of the following:

AB114-ASA1,3,13 1. Instituted proceedings to incorporate the town as a city or village under s. 66.012.

AB114-ASA1,3,15 2. Instituted proceedings to incorporate the town as a city or village under ss. 66.013 to 66.019.

AB114-ASA1,3,22 (b) Subject to par. (c), if a town board has not instituted one of the proceedings under par. (a) 1. or 2. between 1986 and 1996, the town board may proceed under sub. (1) only if the town board adopts a resolution declaring its intent to proceed under this paragraph and only if the town board, within a 3-year period beginning on the date of the adoption of the resolution declaring its intent to proceed under this paragraph, institutes proceedings under s. 66.02 to consolidate the town with a city or village and the town board institutes proceedings described under par. (a) 1. or 2.

AB114-ASA1,4,2 (c) The town board may adopt a resolution under sub. (1) only if the town board institutes the proceedings under par. (a) or under par. (b) and the proceedings do not result in either a consolidation under s. 66.02 or the incorporation of the town as a city or village under s. 66.012 or under ss. 66.013 to 66.019.

AB114-ASA1,4,12 (2) Ratification. (a) If a town board adopts a resolution under sub. (1), the town board shall call a referendum to approve the resolution adopted under sub. (1). The referendum shall be called for that purpose at the next spring primary or election or September primary or general election, or the town board may call and conduct a special referendum under s. 8.55, to be held not sooner than 45 days after the referendum is called by the town board. The town board shall call for a referendum under this subsection not later than 90 days after the adoption of a resolution under sub. (1). The referendum question shall be: "Do you approve of the town board's adoption of the resolution declaring the Town of .... [insert name of town] to be an urban town?".

AB114-ASA1,4,18 (b) A resolution adopted by a town board under sub. (1) may not take effect until the resolution is approved in a referendum called for by the town board under par. (a). If the referendum is approved by the electors of the town, the town clerk shall certify that fact to the secretary of state. The secretary of state shall issue a certificate of urban town status and shall record that status in a book kept for that purpose.

AB114-ASA1,4,20 (3) Powers. (a) A town that is subject to this section may exercise any statutory power that a village may exercise, except as follows:

AB114-ASA1,4,22 1. A town acting under this section does not have home rule powers under article XI, section 3, of the constitution or under s. 61.34 (5).

AB114-ASA1,5,2 2. A town acting under this section may not exercise extraterritorial zoning powers under s. 62.23 (7a) or 66.32, offensive industry regulation under s. 66.052 (1), extraterritorial plat approval under s. 236.10 or wetlands in shorelands zoning authority under s. 61.351.

AB114-ASA1,5,4 3. A town acting under this section may not exercise annexation of territory powers under s. 66.021, 66.024 or 66.025.

AB114-ASA1,5,6 4. A town acting under this section may not create a tax incremental financing district under s. 66.46.

AB114-ASA1,5,8 5. A town acting under this section may not adopt a village form of governance by acting under ss. 61.19 to 61.325.

AB114-ASA1,5,13 (b) 1. Except for a wetlands in shorelands zoning ordinance, no town may be subject to any county zoning ordinance that is enacted by a county board after a town board adopts a resolution under sub. (1) unless the town board approves the ordinance or until the resolution adopted by the town board under sub. (1) is defeated in a referendum that is held under sub. (2).

AB114-ASA1,5,18 2. If a town board adopts a resolution under sub. (1) and the resolution is ratified under sub. (2), a town board may adopt a resolution revoking its approval of any county zoning ordinance, other than a wetlands in shorelands zoning ordinance, if the town board notifies the county board in writing at least 60 days before the resolution revoking approval of a county zoning ordinance takes effect.

AB114-ASA1,5,21 3. Beginning on the effective date of the resolution revoking town approval of a county zoning ordinance, a town that is subject to this section may enact zoning ordinances only under s. 62.23.

AB114-ASA1,6,3 (c) No town territory may be annexed by a city or village under s. 66.021, 66.024 or 66.025 during the 3-year period described under sub. (1m) (b), during the period beginning after a town board adopts a resolution under sub. (1) and before a ratification vote under sub. (2) or at any time after the electors of the town approve such a resolution under sub. (2), unless the town board approves the proposed annexation or unless the land proposed to be annexed is less than 300 acres and at least 85% of the border of such land is contiguous to the annexing city or village.

AB114-ASA1,6,8 (d) No town may be subject to the extraterritorial zoning jurisdiction or extraterritorial plat approval jurisdiction of a city or village during the period beginning after a town board adopts a resolution under sub. (1) and before a ratification vote under sub. (2) or at any time after the electors of the town approve such a resolution under sub. (2).

AB114-ASA1,6,13 (e) 1. If a town is a party to a cooperative boundary plan under s. 66.023 or similar cooperative boundary agreement under s. 66.30 on the date on which the town becomes an urban town, the terms of the plan or agreement, or any approved amendments to the plan or agreement, shall remain in effect until the expiration of the planning period that is specified in the plan or the expiration of the agreement.

AB114-ASA1,6,19 2. A town may become a party to a cooperative boundary plan under s. 66.023 any time before the first day of the 24th month beginning after the effective date of this subdivision .... [revisor inserts date]. If a town becomes a party to such a plan under this subdivision, the terms of the plan, or any approved amendments to the plan, shall remain in effect until the expiration of the planning period that is specified in the plan.

AB114-ASA1,6,22 3. Except as provided in this paragraph and in par. (c), the boundaries of an urban town may not be changed under s. 66.02 or 66.022, or by the acquisition or disposal of territory by any means, unless the town agrees to the change.

AB114-ASA1, s. 3 Section 3. 60.61 (2) (intro.) of the statutes is amended to read:

AB114-ASA1,7,3 60.61 (2) Extent of authority. (intro.) Subject to subs. (3) and (3m), if a town is located in a county which has not enacted a county zoning ordinance under s. 59.69, the town board of a town that is not subject to s. 60.225, by ordinance, may: