SB87-ASA1, s. 1
1Section
1. 66.0217 (2) of the statutes is amended to read:
SB87-ASA1,3,82
66.0217
(2) Direct annexation by unanimous approval. If Except as provided
3in sub. (14), and subject to s. 66.0307 (7), if a petition for direct annexation signed
4by all of the electors residing in the territory and the owners of all of the real property
5in the territory is filed with the city or village clerk, and with the town clerk of the
6town or towns in which the territory is located, together with a scale map and a legal
1description of the property to be annexed, an annexation ordinance for the
2annexation of the territory may be enacted by a two-thirds vote of the elected
3members of the governing body of the city or village without compliance with the
4notice requirements of sub. (4). In an annexation under this subsection, subject to
5sub. (6), the person filing the petition with the city or village clerk and the town clerk
6shall, within 5 days of the filing, mail a copy of the scale map and a legal description
7of the territory to be annexed to the department and the governing body shall review
8the advice of the department, if any, before enacting the annexation ordinance.
SB87-ASA1, s. 2
9Section
2. 66.0217 (3) (intro.) of the statutes is amended to read:
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66.0217
(3) Other methods of annexation. (intro.) Subject to s. 66.0307 (7),
11and except as provided in sub. (14), territory contiguous to a city or village may be
12annexed to the city or village in the following ways:
SB87-ASA1, s. 3
13Section
3. 66.0217 (11) (c) of the statutes is created to read:
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66.0217
(11) (c) No action on any grounds, whether procedural or jurisdictional,
15to contest the validity of an annexation under sub. (2), may be brought by any town.
SB87-ASA1, s. 4
16Section
4. 66.0217 (14) of the statutes is created to read:
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66.0217
(14) Limitations on annexation authority. (a) 1. Except as provided
18in subd. 2., no territory may be annexed by a city or village under this section unless
19the city or village agrees to pay annually to the town, for 5 years, an amount equal
20to the amount of property taxes that the town levied on the annexed territory, as
21shown by the tax roll under s. 70.65, in the year in which the annexation is final.
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2. No payments under subd. 1. must be made if the city or village, and the town,
23enter into a boundary agreement under s. 66.0225, 66.0301, or 66.0307.
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1(b) No territory may be annexed by a city or village under this section if no part
2of the city or village is located in the same county as the territory that is subject to
3the proposed annexation unless all of the following occur:
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1. The town board adopts a resolution approving the proposed annexation.
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2. The county board of the county in which the territory is located adopts a
6resolution approving the proposed annexation.
SB87-ASA1, s. 5
7Section
5. 66.0219 (intro.) of the statutes is amended to read:
SB87-ASA1,4,12
866.0219 Annexation by referendum initiated by city or village. (intro.)
9As a complete alternative to any other annexation procedure, and subject to
sub. (10)
10and s. 66.0307 (7), unincorporated territory which contains electors and is
11contiguous to a city or village may be annexed to the city or village under this section.
12The definitions in s. 66.0217 (1) apply to this section.
SB87-ASA1, s. 6
13Section
6. 66.0219 (10) of the statutes is created to read:
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66.0219
(10) Limitations on annexation authority. (a) 1. Except as provided
15in subd. 2., no territory may be annexed by a city or village under this section unless
16the city or village agrees to pay annually to the town, for 5 years, an amount equal
17to the amount of property taxes that the town levied on the annexed territory, as
18shown by the tax roll under s. 70.65, in the year in which the annexation is final.
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2. No payments under subd. 1. must be made if the city or village, and the town,
20enter into a boundary agreement under s. 66.0225, 66.0301, or 66.0307.
SB87-ASA1,4,2321
(b) No territory may be annexed by a city or village under this section if no part
22of the city or village is located in the same county as the territory that is subject to
23the proposed annexation unless all of the following occur:
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1. The town board adopts a resolution approving the proposed annexation.
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12. The county board of the county in which the territory is located adopts a
2resolution approving the proposed annexation.
SB87-ASA1, s. 7
3Section
7. 66.0221 (1) of the statutes is amended to read:
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66.0221
(1) Upon its own motion
and subject to sub. (3) and s. 66.0307 (7), a
5city or village, by a two-thirds vote of the entire membership of its governing body,
6may enact an ordinance annexing territory which comprises a portion of a town or
7towns and which was completely surrounded by territory of the city or village on
8December 2, 1973. The ordinance shall include all surrounded town areas except
9those that are exempt by mutual agreement of all of the governing bodies involved.
10The annexation ordinance shall contain a legal description of the territory and the
11name of the town or towns from which the territory is detached. Upon enactment of
12the ordinance, the city or village clerk immediately shall file 6 certified copies of the
13ordinance in the office of the secretary of state, together with 6 copies of a scale map.
14The secretary of state shall forward 2 copies of the ordinance and scale map to the
15department of transportation, one copy to the department of natural resources, one
16copy to the department of revenue and one copy to the department of administration.
17This subsection does not apply if the town island was created only by the annexation
18of a railroad right-of-way or drainage ditch. This subsection does not apply to land
19owned by a town government which has existing town government buildings located
20on the land. No town island may be annexed under this subsection if the island
21consists of over 65 acres or contains over 100 residents. Section 66.0217 (11) applies
22to annexations under this subsection. Except as provided in sub. (2), after
23December 2, 1973, no city or village may, by annexation, create a town area which
24is completely surrounded by the city or village.
SB87-ASA1, s. 8
25Section
8. 66.0221 (3) of the statutes is created to read:
SB87-ASA1,6,5
166.0221
(3) (a) 1. Except as provided in subd. 2., no territory may be annexed
2by a city or village under this section unless the city or village agrees to pay annually
3to the town, for 5 years, an amount equal to the amount of property taxes that the
4town levied on the annexed territory, as shown by the tax roll under s. 70.65, in the
5year in which the annexation is final.
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2. No payments under subd. 1. must be made if the city or village, and the town,
7enter into a boundary agreement under s. 66.0225, 66.0301, or 66.0307.
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(b) No territory may be annexed by a city or village under this section if no part
9of the city or village is located in the same county as the territory that is subject to
10the proposed annexation unless all of the following occur:
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1. The town board adopts a resolution approving the proposed annexation.
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2. The county board of the county in which the territory is located adopts a
13resolution approving the proposed annexation.
SB87-ASA1, s. 9
14Section
9. 66.0223 of the statutes is renumbered 66.0223 (1) and amended to
15read:
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66.0223
(1) In addition to other methods provided by law and subject to
sub.
17(2) and ss. 59.692 (7) and 66.0307 (7), territory owned by and lying near but not
18necessarily contiguous to a village or city may be annexed to a village or city by
19ordinance enacted by the board of trustees of the village or the common council of the
20city, provided that in the case of noncontiguous territory the use of the territory by
21the city or village is not contrary to any town or county zoning regulation. The
22ordinance shall contain the exact description of the territory annexed and the names
23of the towns from which detached, and attaches the territory to the village or city
24upon the filing of 7 certified copies of the ordinance in the office of the secretary of
25state, together with 7 copies of a plat showing the boundaries of the territory
1attached. Two copies of the ordinance and plat shall be forwarded by the secretary
2of state to the department of transportation, one copy to the department of
3administration, one copy to the department of natural resources, one copy to the
4department of revenue and one copy to the department of public instruction. Within
510 days of filing the certified copies, a copy of the ordinance and plat shall be mailed
6or delivered to the clerk of the county in which the annexed territory is located.
7Section 66.0217 (11) applies to annexations under this section.
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66.0223
(2) No territory may be annexed by a city or village under this section
10if no part of the city or village is located in the same county as the territory that is
11subject to the proposed annexation unless all of the following occur:
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(a) The town board adopts a resolution approving the proposed annexation.
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(b) The county board of the county in which the territory is located adopts a
14resolution approving the proposed annexation.
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(c) The city or village, and the town, enter into a boundary agreement under
16s. 66.0225, 66.0301, or 66.0307.
SB87-ASA1,7,1918
(1) This act first applies to any annexation that has not taken effect on the
19effective date of this subsection.