LRB-1365/1
MES:wlj:km
2001 - 2002 LEGISLATURE
September 19, 2001 - Introduced by Representatives Ladwig, Starzyk, Huebsch,
McCormick, Ainsworth, Owens, Freese, F. Lasee, Nass, Krawczyk
and
Gunderson, cosponsored by Senator Schultz. Referred to Committee on
Urban and Local Affairs.
AB501,1,4 1An Act to amend 60.61 (2) (intro.), 60.62 (1), 60.62 (2), 60.62 (3), 62.23 (7a) (a),
266.0105, 66.0217 (3) (intro.), 66.0219 (intro.), 66.0223 and 236.02 (5); and to
3create
60.10 (1) (g) and 60.225 of the statutes; relating to: the authority of
4certain towns to become urban towns.
Analysis by the Legislative Reference Bureau
Under current law, if a town meeting authorizes a town board to do so, the town
board may exercise powers that are related to villages and conferred on village
boards by statute, except those powers that conflict with statutes relating to towns
and town boards. For example, unless it is approved by the county board a town
board exercising village powers may not create a tax incremental financing district;
annex territory; exercise extraterritorial zoning jurisdiction over another town; or,
in counties that have adopted a county zoning ordinance, enact a town zoning
ordinance. If a town board exercises village powers, the town is still subject to
annexation by a city or village and may be subject to extraterritorial zoning powers
exercised by a city or village.
Subject to several conditions, this bill authorizes a town board that is
authorized to exercise village powers to adopt a resolution declaring that the town
is an urban town. Under certain circumstances and subject to several limitations,
the bill allows a town board that has adopted such a resolution to exercise any
statutory power that a village may exercise, including the power to create a housing
authority for the elderly. Before the town board may adopt a resolution declaring
that the town is an urban town, the town must do one of the following:

1. Attempt, and fail, to consolidate with a city or village and must have
attempted to incorporate as a city or village between 1990 and 2000.
2. Attempt to consolidate with a city or village and attempt, and fail, to
incorporate as a city or village within three years after commencing the procedures
that are required to become an urban town.
The town board may adopt a resolution declaring that the town is an urban town only
after its attempts to consolidate or incorporate fail. Once the town board adopts an
urban town resolution, the resolution may take effect only after the resolution is
approved by the electors of the town in a referendum.
The bill also allows the board of an urban town to exercise certain zoning powers
and to remove the town from coverage of county zoning ordinances, other than a
county shorelands zoning ordinance, and exempts the town from being subject to
certain city and village annexation and extraterritorial powers. If the town is a party
to a cooperative boundary plan or agreement on the date that it becomes an urban
town, the terms of the plan or agreement remain in effect until the expiration of the
plan or agreement. Also under the bill, town residents may attempt to enact direct
legislation. This bill does not extend constitutional or statutory home rule powers
to urban towns, nor does it allow such towns to create a tax incremental financing
district, to adopt a village form of government, to annex territory, or to engage in
extraterritorial zoning or plat approval.,
The powers granted to urban towns in this bill apply only if certain conditions
are met on the date on which the town board adopts the resolution. Some of the
conditions that must be satisfied include the following:
1. The population of the town must be at least 7,500.
2. The equalized value of the town must exceed $360,000,000 and must be at
least $40,000 on a per person basis.
3. The town must provide law enforcement, fire protection, and emergency
medical services 24 hours a day.
4. At least 30% of the town residents must receive water supply and sewage
disposal services from one of several entities, such as a town sanitary district, a town
utility district, a metropolitan sewerage district, or another city, village, or town.
5. The town must adopt a comprehensive land use plan as part of a master plan.
6. The town board must consist of five supervisors.
The bill also contains a sunset provision so that the provisions allowing the
creation of an urban town remain in effect for only five years.
For further information see the local fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB501, s. 1 1Section 1. 60.10 (1) (g) of the statutes is created to read:
AB501,3,2
160.10 (1) (g) Approval of resolutions. Approve a resolution adopted by the town
2board under s. 60.225 (1).
AB501, s. 2 3Section 2. 60.225 of the statutes is created to read:
AB501,3,8 460.225 Urban towns. (1) Process; requirements. Subject to sub. (1m), if a
5town board is authorized to exercise village powers under s. 60.10 (2) (c), and subject
6to sub. (2), a town board may adopt a resolution declaring its town to be an urban
7town that is subject to this section if, on the date of adoption of the resolution, all of
8the following conditions are satisfied:
AB501,3,99 (a) The population of the town is at least 7,500.
AB501,3,1010 (b) The equalized value of the town exceeds all of the following amounts:
AB501,3,1111 1. According to the most recent assessment, $360,000,000.
AB501,3,1212 2. On a per person basis, $40,000 according to the most recent assessment.
AB501,3,1513 (c) The town provides law enforcement services, 24 hours a day, by establishing
14a town police department, by creating a joint police department with another city,
15village, or town under s. 60.56, or by contracting with another person under s. 60.56.
AB501,3,1816 (d) The town provides fire protection services, 24 hours a day, by establishing
17a town fire department or by creating a joint fire department with another city,
18village, or town under s. 60.55.
AB501,3,2019 (e) The town provides emergency medical technician services, 24 hours a day,
20by an emergency medical technician, as defined in s. 146.50 (1) (e).
AB501,3,2321 (f) The town board adopts a comprehensive land use plan as part of a master
22plan under s. 62.23 (2) and (3) that is administered by a planner who is employed by
23the town.
AB501,3,2524 (g) At least 30% of the town residents receive water supply and sanitary sewage
25disposal services from one of the following:
AB501,4,1
11. A town sanitary district created by the town under subch. IX.
AB501,4,22 2. A town utility district created under s. 66.0827.
AB501,4,43 3. A metropolitan sewerage district created under ss. 200.01 to 200.15 or under
4ss. 200.21 to 200.65.
AB501,4,55 4. A public utility created under s. 196.01 (5).
AB501,4,66 5. A town sanitary district created by another town under subch. IX.
AB501,4,77 6. A city or village.
AB501,4,108 7. A city-owned treatment works or village-owned treatment works in which
9the town has an interest under an intergovernmental cooperation agreement under
10s. 66.0301.
AB501,4,1111 (h) The town board consists of 5 supervisors.
AB501,4,17 12(1m) Procedure. (a) Subject to par. (c) and except as provided in par. (b), a town
13board may proceed under sub. (1) only if the town board adopts a resolution declaring
14its intent to proceed under this paragraph and only if the town board institutes
15proceedings under s. 66.0229 to consolidate the town with a city or village on or after
16the effective date of this paragraph .... [revisor inserts date], and if, between 1990 and
172000, the town board has done one of the following:
AB501,4,1818 1. Instituted proceedings to incorporate the town as a city under s. 66.0215.
AB501,4,2019 2. Instituted proceedings to incorporate the town as a city or village under ss.
2066.0201 to 66.0213.
AB501,5,321 (b) Subject to par. (c), if a town board has not instituted one of the proceedings
22under par. (a) 1. or 2. between 1990 and 2000, the town board may proceed under sub.
23(1) only if the town board adopts a resolution declaring its intent to proceed under
24this paragraph and only if the town board, within a 3-year period beginning on the
25date of the adoption of the resolution declaring its intent to proceed under this

1paragraph, institutes proceedings under s. 66.0229 to consolidate the town with a
2city or village and the town board institutes proceedings described under par. (a) 1.
3or 2.
AB501,5,74 (c) The town board may adopt a resolution under sub. (1) only if the town board
5institutes the proceedings under par. (a) or under par. (b) and the proceedings do not
6result in either a consolidation under s. 66.0229 or the incorporation of the town as
7a city under s. 66.0215 or as a city or village under ss. 66.0201 to 66.0213.
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