AB710, s. 25 17Section 25 . 66.01 (16) of the statutes is renumbered 61.188 and amended to
18read:
AB710,23,14 1961.188 Certain villages may become cities by charter ordinance. Any
20village having a population of 1,000 or more may proceed under this section s.

166.0101
to organize as a city of the appropriate class. The village may by charter or
2charter ordinance adopted under this section s. 66.0101 elect not to be governed by
3ch. 62 or this chapter 66 in whole or in part or may create such that system of
4government as is deemed considered by the village to be most appropriate for its
5situation
. The charter or charter ordinance may include provision for the following,
6without limitation because of enumeration
: method of election of members of the
7council by districts, at-large or by a combination of methods, procedure for election
8of the first common council, creation and selection of all administrative officers,
9departments, boards and commissions, powers and duties of all officers, boards and
10commissions and terms of office. The charter or charter ordinance shall may not alter
11those provisions of ch. 62 dealing with police and fire departments or chs. 115 to 121
12dealing with education. Any village incorporated after August 12, 1959, may not
13become a city under this subsection section unless it meets the standards for
14incorporation in ss. 66.015 and 66.016 66.0205 and 66.0207.
AB710, s. 26 15Section 26. Subchapter I (title) of chapter 66 [precedes 66.0101] of the statutes
16is created to read:
AB710,23,1717 Chapter 66
AB710,23,1918 Subchapter I
19 General Powers; administration
AB710, s. 27 20Section 27 . 66.0101 (1m) of the statutes is created to read:
AB710,23,2321 66.0101 (1m) In this section, "charter ordinance" means an ordinance that
22enacts, amends or repeals the charter, or any part of the charter, of a city or village
23or that makes the election under sub. (4).
Note: Provides a general definition of "charter ordinance" for the statutory
provision relating to home rule and charter ordinances. See the treatment of
current s. 66.01 by Sections 18 to 25 of this bill.
AB710, s. 28
1Section 28 . 66.0103 of the statutes is created to read:
AB710,24,7 266.0103 Code of ordinances. (1) The governing body of a city, village, town
3or county may authorize the preparation of a code of some or all of its general
4ordinances. The code may be enacted by an ordinance that incorporates the code by
5reference. A copy of the code shall be available for public inspection not less than 2
6weeks before it is enacted. After the code is enacted, a copy shall be maintained and
7available for public inspection in the office of the city, village, town or county clerk.
AB710,24,9 8(2) Publication of a code enacted under sub. (1), in book or pamphlet form,
9meets the publication requirements of ss. 59.14, 60.80, 61.50 (1) and 62.11 (4) (a).
Note: Restates current s. 66.035.
AB710, s. 29 10Section 29. 66.0117 (1) of the statutes is created to read:
AB710,24,1111 66.0117 (1) In this section:
AB710,24,1412 (a) "Local governmental unit" means a city, village, town, county, school
13district, technical college district, town sanitary district or public inland lake
14protection and rehabilitation district.
AB710,24,1515 (b) "Statement" means all of the following:
AB710,24,1616 1. A certified transcript of a judgment.
AB710,24,1817 2. A judgment creditor's affidavit of the amount due on a judgment, of
18payments made on the judgment and that the judgment has not been appealed.
Note: Creates a definition for s. 66.0117, relating to judgments against local
governmental units. The definition differs from the current language of s. 66.09
by removing a community center from the list of local governmental bodies to
which the law applies. It appears that a community center is not treated as a
local governmental unit anywhere else in the statutes. The term "community
centre" first appeared in this section when separate statutes were consolidated
and revised in chapter 396, laws of 1921.
AB710, s. 30 19Section 30. 66.0119 (1) (c) of the statutes is created to read:
AB710,24,2020 66.0119 (1) (c) "Public building" has the meaning given in s. 101.01 (12).
AB710, s. 31
1Section 31. 66.012 of the statutes is renumbered 66.0215 and amended to
2read:
AB710,25,13 366.0215 Towns may become Incorporation of certain towns adjacent
4to 1st class
cities. (1) Petition. Whenever If the resident population of any a town
5exceeds 5,000 as shown by the last federal census or by a census herein provided for
6and
under sub. (2), if the town is adjacent to a city of the first 1st class city and
7contains an equalized valuation in excess of $20,000,000 and if a petition has been
8presented and
signed by 100 or more persons, each an elector and taxpayer of said
9the town, and, in addition thereto, said petition contains containing the signatures
10of at least one-half 50% of the owners of real estate in said the town which petition
11requests
and requesting submission of the question to the electors of the town and,
12is filed with the clerk of the town, the procedure for becoming a fourth 4th class city
13is initiated.
AB710,25,25 14(2) Referendum. At the next regular meeting of the town board, said town
15following the filing of the petition under sub. (1), the board by resolution shall provide
16for a referendum by the electors of said the town. The resolution shall observe
17conform to the requirements of s. 5.15 (1) and (2) and shall determine the numbers
18and boundaries of each ward of the proposed city, and the time of voting, which shall
19may not be earlier than 6 weeks after the adoption of said the resolution and said.
20The
resolution may direct that a census be taken of the resident population of such
21the territory as it may be on some a day not more than 10 weeks previous to the date
22of the election, exhibiting the name of every head of a family and the name of every
23person who is a resident in good faith of such the territory on such that day, and the
24lot or quarter section of land on which that person resides, which shall be verified by
25the affixed affidavit of the person taking the same affixed thereto census.
AB710,26,5
1(3) Notice of referendum. Notice of the referendum shall be given by
2publication of the resolution in a newspaper published in such the town, if there be
3is one, otherwise in a newspaper designated in the resolution, once a week for 4
4successive weeks, the first publication to be not more than 4 weeks before the
5referendum.
AB710,26,11 6(4) Voting procedure. The referendum shall be conducted in the same manner
7as elections for supervisors of the town board. The question appearing on the ballot
8shall be "Shall the town of .... become a 4th class city?". Below the question shall
9appear 2 squares. To the left of one square shall appear the words "For a city" and
10to the left of the other square shall appear the words "Against a city". The inspectors
11shall make a return to the clerk of such the town.
AB710,26,19 12(5) Certificate of incorporation. If a majority of the votes are cast in favor
13of a city the clerk shall certify the fact to the secretary of state, together with the
14result of the census, if any, and 4 copies of a description of the legal boundaries of the
15town and 4 copies of a plat thereof, whereupon the of the town. The secretary of state
16shall then issue a certificate of incorporation, and record the same certificate in a
17book kept for that purpose. Two copies of the description and plat shall be forwarded
18by the secretary of state to the department of transportation and one copy to the
19department of revenue.
AB710,26,22 20(6) City powers. Every A city thus incorporated shall thenceforth be under this
21section is
a body corporate and politic, with the powers and privileges of a municipal
22corporation at common law and conferred by ch. 62.
AB710,26,25 23(7) Existing ordinances. (a) Ordinances in force in the territory or any part
24thereof, so far as of the territory, to the extent not inconsistent with ch. 62, shall
25continue in force until altered or repealed.
AB710,27,3
1(b) A county shoreland zoning ordinance enacted under s. 59.692 that is in force
2in any part of the territory shall continue continues in force until altered under s.
359.692 (7) (ad).
AB710,27,9 4(8) Interim officers. All officers of the town embracing the territory thus
5incorporated as a city shall continue in their powers and duties as theretofore until
6the first meeting of the common council at which a quorum is present. Until a city
7clerk shall have been is chosen and qualified all oaths of office and other papers shall
8be filed with the town clerk, with whom the petition was filed, who shall deliver them
9with the petition to the city clerk when the city clerk shall have is qualified.
AB710,27,24 10(9) First city election. Within 10 days after incorporation of the city, the town
11board with and the town clerk of which who received the petition was filed shall fix
12a time for the first city election, designate the polling place or places, and name 3
13inspectors of election for each place. Ten days' previous notice of the election shall
14be given by the clerk by publication in the newspapers selected under sub. (3) and
15by posting notices in 3 public places in the city. Failure to give such notice does not
16invalidate the election. The election shall be conducted as is prescribed by chs. 5 to
1712, except that no registration of voters shall may be required. The inspectors shall
18make returns to the board which shall, within one week after the election, canvass
19the returns and declare the result. The clerk shall notify the officers-elect and issue
20certificates of election. If the first election is on the first Tuesday in April the officers
21so elected shall and their appointees commence and hold their offices as for a regular
22term, as shall also their appointees. Otherwise they shall commence within 10 days
23and hold until the regular city election and the qualification of their successors, and
24the term of their appointees shall expire expires as soon as successors qualify.
AB710, s. 32 25Section 32. 66.0123 (1) of the statutes is created to read:
AB710,28,2
166.0123 (1) In this section, "governmental unit" means a town board or school
2board.
AB710, s. 33 3Section 33. 66.013 of the statutes is renumbered 66.0201, and 66.0201 (1) and
4(2) (intro.), as renumbered, are amended to read:
AB710,28,105 66.0201 (1) Purpose. It is declared to be the policy of this state that the
6development of territory from town to incorporated status proceed in an orderly and
7uniform manner and that toward this end each proposed incorporation of territory
8as a village or city be reviewed as provided in ss. 66.013 to 66.019 66.0201 to 66.0213
9to assure compliance with certain minimum standards which take into account the
10needs of both urban and rural areas.
AB710,28,12 11(2) Definitions. (intro.) As used in In ss. 66.013 66.0201 to 66.019 66.0213,
12unless the context requires otherwise:
AB710, s. 34 13Section 34. 66.0137 (title) and (1) of the statutes are created to read:
AB710,28,18 1466.0137 (title) Provision of insurance. (1) Definition. In this section, "local
15governmental unit" means a city, village, town, county, school district (as
16enumerated in s. 67.01 (5)), sewerage district, drainage district and, without
17limitation because of enumeration, any other political subdivision of the state should
18be s. 345.05 (1) (c).
AB710, s. 35 19Section 35. 66.0139 (1) of the statutes is created to read:
AB710,28,2120 66.0139 (1) In this section, "political subdivision" means a city, village, town
21or county.
AB710, s. 36 22Section 36. 66.014 of the statutes is renumbered 66.0203, and 66.0203 (1), (2)
23(a) to (e), (3), (4) (a), (7) (a), (8) (b), (9) (a), (d) to (f) and (h) and (10), as renumbered,
24are amended to read:
AB710,29,5
166.0203 (1) Notice of intention. At least 10 days and not more than 20 days
2before the circulation of an incorporation petition, a notice setting forth that the
3petition is to be circulated and including an accurate description of the territory
4involved shall be published within the county in which said the territory is located
5as a class 1 notice, under ch. 985.
AB710,29,10 6(2) (a) The petition for incorporation of a village or city shall be in writing
7signed by 50 or more persons who are both electors and freeholders in the territory
8to be incorporated if the population of the proposed village or city includes 300 or
9more persons; otherwise by 25 or more such electors and freeholders persons who are
10both electors and freeholders in the territory to be incorporated
.
AB710,29,1411 (b) The petition shall be addressed to and filed with the circuit court of a county
12in which all or a major part of the territory to be incorporated is located; and the. The
13incorporation petition shall be is void unless filed within 6 months of the date of
14publication of the notice of intention to circulate.
AB710,29,2415 (c) The petition shall designate a representative of the petitioners, and an
16alternate, who shall be an elector or freeholder in the territory, and state that
17person's address; describe the territory to be incorporated with sufficient accuracy
18to determine its location and have attached thereto to the petition a scale map
19reasonably showing the boundaries thereof of the territory; specify the current
20resident population of the territory by number in accordance with the definition
21given in s. 66.013 66.0201 (2) (b); set forth facts substantially establishing the
22required standards for incorporation required herein; and request the circuit court
23to order a referendum and to certify the incorporation of the village or city when it
24is found that all requirements have been met.
AB710,30,3
1(e) No person who has signed a petition shall be permitted to may withdraw his
2or her name therefrom from the petition. No additional signatures shall may be
3added after a petition is filed.
AB710,30,6 4(3) Hearing; costs. (a) Upon the filing of the petition the circuit court shall
5by order fix a time and place for a hearing giving preference to such the hearing over
6other matters on the court calendar.
AB710,30,87 (b) The court may in its discretion by order allow costs and disbursements as
8provided for actions in circuit court in any proceeding under this subsection.
AB710,30,129 (c) The court may in its discretion, upon notice to all parties who have appeared
10in the hearing and after a hearing thereon on the issue of bond, order the petitioners
11or any of the opponents to post bond in such an amount as that it deems considers
12sufficient to cover such disbursements.
AB710,30,19 13(4) (a) Notice of the filing of the petition and of the date of the hearing thereon
14on the petition before the circuit court shall be published in the territory to be
15incorporated, as a class 2 notice, under ch. 985, and given by certified or registered
16mail to the clerk of each town in which the territory is located and to the clerk of each
17metropolitan municipality of the metropolitan community in which the territory is
18located. The mailing shall be not less than 10 days prior to before the time set for
19the hearing.
AB710,30,22 20(7) (a) No action to contest the validity of an incorporation on any grounds
21whatsoever, whether procedural or jurisdictional shall, may be commenced after 60
22days from the date of issuance of the charter of incorporation by the secretary of state.
AB710,31,2 23(8) (b) On the basis of the hearing the circuit court shall find if the standards
24under s. 66.015 66.0205 are met. If the court finds that the standards are not met,
25the court shall dismiss the petition. If the court finds that the standards are met the

1court shall refer the petition to the department and thereupon the department shall
2determine whether or not the standards under s. 66.016 66.0207 are met.
AB710,31,5 3(9) (a) Upon receipt of the petition from the circuit court the department shall
4make such any necessary investigation as may be necessary to apply the standards
5under s. 66.016 66.0207.
AB710,31,126 (d) Unless the court sets a different time limit, the department shall prepare
7its findings and determination, citing the supporting evidence in support thereof,
8within 90 days after receipt of the reference referral from the court. The findings and
9determination shall be forwarded by the department to the circuit court. Copies of
10the findings and determination shall be sent by certified or registered mail to the
11designated representative of the petitioners, and to all town and municipal clerks
12entitled to receive mailed notice of the petition under sub. (4).
AB710,31,1513 (e) The determination of the department made in accordance with the
14standards under ss. 66.015, 66.016 66.0205, 66.0207 and 66.021 (11) 66.0217 (6) (c)
15shall be either one of the following:
AB710,31,1616 1. The petition as submitted shall be is dismissed;.
AB710,31,1817 2. The petition as submitted shall be is granted and an incorporation
18referendum held;
.
AB710,31,2119 3. The petition as submitted shall be is dismissed with a recommendation that
20a new petition be submitted to include more or less territory as specified in the
21department's findings and determination.
AB710,31,2522 (f) If the department determines that the petition shall be dismissed under par.
23(e) 1.
, the circuit court shall issue an order dismissing the petition. If the department
24grants the petition, the circuit court shall order an incorporation referendum as
25provided in s. 66.018 66.0211.
AB710,32,5
1(h) Except for an incorporation petition which describes the territory
2recommended by the department under s. 66.014 66.0203 (9) (e) 3., no petition for the
3incorporation of the same or substantially the same territory may be entertained for
4one year following the date of the denial dismissal under par. (f) of the petition or the
5date of any election at which incorporation was rejected by the electors.
AB710,32,8 6(10) Existing ordinances. A county shoreland zoning ordinance enacted under
7s. 59.692 that is in force in any part of the territory shall continue continues in force
8until altered under s. 59.692 (7) (ad).
AB710, s. 37 9Section 37. 66.015 of the statutes is renumbered 66.0205, and 66.0205 (intro.)
10and (5), as renumbered, are amended to read:
AB710,32,15 1166.0205 Standards to be applied by the circuit court. (intro.) Before
12referring the incorporation petition as provided in s. 66.014 66.0203 (2) to the
13department, the court shall determine whether the petition meets the formal and
14signature requirements and shall further find that the following minimum
15requirements are met:
AB710,32,20 16(5) Standards when near first, second 1st, 2nd or third 3rd class city. Where
17If the proposed boundary of a metropolitan village or city is within 10 miles of the
18boundary of a 1st class city of the first class or 5 miles of a 2nd or 3rd class city of the
19second or third class
, the minimum area requirements shall be are 4 and 6 square
20miles for villages and cities, respectively.
AB710, s. 38 21Section 38. 66.016 of the statutes is renumbered 66.0207, and 66.0207 (1) (a)
22and (b) and (2) (intro.) and (b), as renumbered, are amended to read:
AB710,33,523 66.0207 (1) (a) Characteristics of territory. The entire territory of the proposed
24village or city shall be reasonably homogeneous and compact, taking into
25consideration natural boundaries, natural drainage basin, soil conditions, present

1and potential transportation facilities, previous political boundaries, boundaries of
2school districts, shopping and social customs. An isolated municipality shall have
3a reasonably developed community center, including some or all of such features
4such as retail stores, churches, post office, telecommunications exchange and similar
5centers of community activity.
AB710,33,166 (b) Territory beyond the core. The territory beyond the most densely populated
7one-half square mile specified in s. 66.015 66.0205 (1) or the most densely populated
8square mile specified in s. 66.015 66.0205 (2) shall have an average of more than 30
9housing units per quarter section or an assessed value, as defined in s. 66.021
1066.0217 (1) (a) for real estate tax purposes, more than 25% of which is attributable
11to existing or potential mercantile, manufacturing or public utility uses. The
12territory beyond the most densely populated square mile as specified in s. 66.015
1366.0205 (3) or (4) shall have the potential for residential or other urban land use
14development on a substantial scale within the next 3 years. The department may
15waive these requirements to the extent that water, terrain or geography prevents
16such the development.
AB710,33,20 17(2) (intro.) In addition to complying with each of the applicable standards set
18forth in sub. (1) and s. 66.015, any proposed incorporation 66.0205 in order to be
19approved for referendum, a proposed incorporation must be in the public interest as
20determined by the department upon consideration of the following:
AB710,33,2421 (b) Level of services. The level of governmental services desired or needed by
22the residents of the territory compared to the level of services offered by the proposed
23village or city and the level available from a contiguous municipality which files a
24certified copy of a resolution as provided in s. 66.014 66.0203 (6).
AB710, s. 39
1Section 39. 66.017 of the statutes is renumbered 66.0209, and 66.0209 (title),
2(1), (2) and (4), as renumbered, are amended to read:
AB710,34,5 366.0209 (title) Review of the action incorporation-related orders and
4decisions
. (1) The order of the circuit court made under s. 66.014 66.0203 (8) or (9)
5(f) may be appealed to the court of appeals.
AB710,34,7 6(2) The decision of the department made under s. 66.014 66.0203 (9) shall be
7is subject to judicial review under ch. 227.
AB710,34,13 8(4) Where an An incorporation referendum has been ordered by the circuit
9court under s. 66.014 66.0203 (9) (f), the referendum shall may not be stayed pending
10the outcome of further litigation, unless the court of appeals or the supreme court,
11upon appeal or upon the filing of an original action in supreme court, concludes that
12a strong probability exists that the order of the circuit court or the decision of the
13department will be set aside.
AB710, s. 40 14Section 40. 66.018 of the statutes is renumbered 66.0211, and 66.0211 (title),
15(2), (3) and (5), as renumbered, are amended to read:
AB710,34,16 1666.0211 (title) Referendum Incorporation referendum procedure.
AB710,34,21 17(2) Notice of referendum. Notice of the referendum shall be given by
18publication of the order of the circuit court in a newspaper having general circulation
19in the territory. Such publication Publication shall be once a week for 4 successive
20weeks, the. The first publication to may not be not more than 4 weeks before the
21referendum.
AB710,35,2 22(3) Return. An incorporation referendum shall be conducted in the same
23manner as an annexation referendum under s. 66.021 (5) insofar as 66.0217 (7) to
24the extent
applicable except that the ballot shall contain the words "For a city

1[village]" and "Against a city [village]". The inspectors shall make a return to the
2circuit court.
AB710,35,12 3(5) Certification of incorporation. If a majority of the votes in an
4incorporation referendum are cast in favor of a village or city, the clerk of the circuit
5court shall certify the fact to the secretary of state and supply the secretary of state
6with a copy of a description of the legal boundaries of the village or city and the
7associated population and a copy of a plat thereof of the village or city. Within 10 days
8of receipt of the description and plat, the secretary of state shall forward 2 copies to
9the department of transportation, and one copy each to the department of
10administration, one copy to the department of revenue and one copy to the
11department of commerce. The secretary of state shall issue a certificate of
12incorporation and record the same certificate.
AB710, s. 41 13Section 41. 66.019 of the statutes is renumbered 66.0213 and amended to
14read:
AB710,35,19 1566.0213 Powers of new village or city: elections; adjustment of taxes;
16reorganization as village.
(1) Village or city powers. Every A village or city
17incorporated under this section shall be ss. 66.0201 to 66.0213 is a body corporate and
18politic, with powers and privileges of a municipal corporation at common law and
19conferred by these statutes.
AB710,35,22 20(2) Existing ordinances. (a) Ordinances in force in the territory incorporated
21or any part thereof, insofar as of the territory, to the extent not inconsistent with chs.
2261 and 62, shall continue in force until altered or repealed.
AB710,35,2523 (b) A county shoreland zoning ordinance enacted under s. 59.692 that is in force
24in any part of the territory shall continue continues in force until altered under s.
2559.692 (7) (ad).
AB710,36,7
1(3) Interim officers. All officers of the village or town embracing the territory
2thus that is incorporated as a village or city shall continue in their powers and duties
3until the first meeting of the board of trustees or common council at which a quorum
4is present. Until a village or city clerk is chosen and qualified all oaths of office and
5other papers shall be filed with the circuit court, with whom which the petition was
6filed, who. The court shall deliver them the oaths and other papers with the petition
7to the village or city clerk when that clerk qualifies.
AB710,36,20 8(4) First village or city election. (a) Within 10 days after incorporation of
9the village or city, the clerk of the circuit court with whom the petition was filed shall
10fix a time for the first election, and where appropriate designate the polling place or
11places, and name 3 inspectors of election for each place. The time for the election
12shall be fixed no less than 40 nor more than 50 days after the date of the certificate
13of incorporation issued by the secretary of state, irrespective of any other provision
14in the statutes. Nomination papers shall conform to ch. 8 insofar as to the extent
15applicable. Such Nomination papers shall be signed by not less than 5% nor more
16than 10% of the total votes cast at the referendum election, and be filed no later than
1715 days before the time fixed for the election. Ten days' previous notice of the election
18shall be given by the clerk of the circuit court by publication in the newspapers
19selected under s. 66.018 66.0211 (2) and by posting notices in 3 public places in such
20the village or city, but failure to give such notice shall does not invalidate the election.
AB710,37,521 (b) The election shall be conducted as prescribed by ch. 6, except that no
22registration of voters shall may be required. The inspectors shall make returns to
23the clerk of the circuit court who shall, within one week after such the election,
24canvass the returns and declare the result. The clerk shall notify the officers-elect
25and issue certificates of election. If the first election is on the first Tuesday in April

1the officers so elected and their appointees shall commence and hold their offices as
2for a regular term. Otherwise they shall commence within 10 days and hold their
3offices until the regular village or city election and the qualification of their
4successors and the terms of their appointees shall expire as soon as successors
5qualify.
AB710,37,13 6(5) Taxes levied before incorporation; how collected and divided. Whenever
7If a village or city is incorporated from territory within any town or towns, after the
8assessment of taxes in any year and before the collection of such the taxes, the tax
9so assessed shall be collected by the town treasurer of the town or the town treasurers
10of the different towns of which such the village or city formerly constituted a part,
11and all moneys collected from the tax levied for town purposes shall be divided
12between the village or city and the town or the towns, as provided by s. 66.03 66.0235
13(13) (a) 1., for the division of property owned jointly by towns and villages.
AB710,38,4 14(6) Reorganization of city as village. If the population of the any city falls
15below 1,000 as determined by the United States census, the council may upon filing
16of a petition conforming to the requirements of s. 8.40 containing the signatures of
17at least 15% of the electors submit at any general or city election the question
18whether the city shall reorganize as a village. If three-fifths of the votes cast on the
19question are for reorganization the mayor and council shall record the return in the
20office of the register of deeds and, file a certified copy with the clerk of the circuit
21court, and shall immediately call an election, to be conducted as are village elections,
22for the election of village officers. Upon the qualification of such the officers, the
23board of trustees shall declare the city reorganized as a village, and the
24reorganization shall be effected is effective. The clerk shall certify a copy of the
25declaration to the secretary of state who shall file the declaration and endorse a

1memorandum thereof of the declaration on the record of the certificate of
2incorporation of the city. Rights and liabilities of the city shall continue in favor of
3or against the village. Ordinances, so far as within the power of the village, shall
4remain 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.
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