AB136,9,4
160.23 (32) Town tax increment powers. Exercise all powers of cities under s.
266.1105. If the town board exercises the powers of a city under s. 66.1105, it is subject
3to the same duties as a common council under s. 66.1105 and the town is subject to
4the same duties and liabilities as a city under s. 66.1105.
AB136, s. 10 5Section 10. 60.61 (2) (intro.) of the statutes is amended to read:
AB136,9,96 60.61 (2) Extent of authority. (intro.) Subject If a town board revokes its
7approval of a county zoning ordinance under s. 60.225 (3) (a) 2. or, subject
to subs.
8(3) and (3m), if a town is located in a county which has not enacted a county zoning
9ordinance under s. 59.69, the town board, by ordinance, may:
AB136, s. 11 10Section 11. 60.61 (3) (intro.) of the statutes is amended to read:
AB136,9,1511 60.61 (3) Exercise of authority. (intro.) Before exercising authority under
12sub. (2), the town board of a town that is located in a county that has not adopted a
13county zoning ordinance under s. 59.69
shall petition the county board to initiate, at
14any regular or special meeting, action to enact a county zoning ordinance under s.
1559.69. The town board may proceed under sub. (2) if:
AB136, s. 12 16Section 12. 60.62 (2) of the statutes is amended to read:
AB136,9,2317 60.62 (2) If the county in which the town is located has enacted a zoning
18ordinance under s. 59.69, the exercise of the authority under sub. (1) is subject to
19approval by the town meeting or by a referendum vote of the electors of the town held
20at the time of any regular or special election, except that this subsection does not
21apply if a town board revokes its approval of a county zoning ordinance under s.
2260.225 (3) (a) 2
. The question for the referendum vote shall be filed as provided in
23s. 8.37.
AB136, s. 13 24Section 13. 60.62 (3) of the statutes is amended to read:
AB136,10,4
160.62 (3) In counties having a county zoning ordinance, no zoning ordinance
2or amendment of a zoning ordinance may be adopted under this section unless
3approved by the county board, except that this subsection does not apply if a town
4board revokes its approval of a county zoning ordinance under s. 60.225 (3) (a) 2
.
AB136, s. 14 5Section 14. 61.34 (3) of the statutes is amended to read:
AB136,10,156 61.34 (3) Acquisition and disposal of property. The Except as provided in s.
760.225 (4) and (5), the
village board may acquire property, real or personal, within
8or outside the village, for parks, libraries, recreation, beautification, streets, water
9systems, sewage or waste disposal, harbors, improvement of watercourses, public
10grounds, vehicle parking areas, and for any other public purpose; may acquire real
11property within or contiguous to the village, by means other than condemnation, for
12industrial sites; may improve and beautify the same; may construct, own, lease and
13maintain buildings on such property for instruction, recreation, amusement and
14other public purposes; and may sell and convey such property. Condemnation shall
15be as provided by ch. 32.
AB136, s. 15 16Section 15. 62.22 (1) of the statutes is amended to read:
AB136,10,2517 62.22 (1) Purposes. The Except as provided in s. 60.225 (4) and (5), the
18governing body of any city may by gift, purchase or condemnation acquire property,
19real or personal, within or outside the city, for parks, recreation, water systems,
20sewage or waste disposal, airports or approaches thereto, cemeteries, vehicle
21parking areas, and for any other public purpose; may acquire real property within
22or contiguous to the city, by means other than condemnation, for industrial sites; may
23improve and beautify the same; may construct, own, lease and maintain buildings
24on such property for public purposes; and may sell and convey such property. The
25power of condemnation for any such purpose shall be as provided by ch. 32.
AB136, s. 16
1Section 16. 62.22 (1e) of the statutes is amended to read:
AB136,11,82 62.22 (1e) Certain industrial sites. The Except as provided in s. 60.225 (4) and
3(5), the
governing body of a 2nd class city which is adjacent to Lake Michigan and
4which is located in a county with a population of less than 110,000, according to the
5most recent estimate by the department of administration, may acquire real
6property by gift outside the city boundaries for industrial sites; may improve and
7beautify the same; may construct, own, lease and maintain buildings on such
8property for public purposes; and may sell and convey such property.
AB136, s. 17 9Section 17. 62.23 (7a) (a) of the statutes is amended to read:
AB136,12,410 62.23 (7a) (a) Extraterritorial zoning jurisdiction means the unincorporated
11area, except as provided in s. 60.225 (3) (b), within 3 miles of the corporate limits of
12a first, second or third class city, or 1 1/2 miles of a fourth class city or a village.
13Wherever extraterritorial zoning jurisdictions overlap, the provisions of s. 66.0105
14shall apply and any subsequent alteration of the corporate limits of the city by
15annexation, detachment or consolidation proceedings shall not affect the dividing
16line as initially determined under s. 66.0105. The governing body of the city shall
17specify by resolution the description of the area to be zoned within its extraterritorial
18zoning jurisdiction sufficiently accurate to determine its location and such area shall
19be contiguous to the city. The boundary line of such area shall follow government lot
20or survey section or fractional section lines or public roads, but need not extend to
21the limits of the extraterritorial zoning jurisdiction. Within 15 days of the adoption
22of the resolution the governing body shall declare its intention to prepare a
23comprehensive zoning ordinance for all or part of its extraterritorial zoning
24jurisdiction by the publication of the resolution in a newspaper having general
25circulation in the area proposed to be zoned, as a class 1 notice, under ch. 985. The

1city clerk shall mail a certified copy of the resolution and a scale map reasonably
2showing the boundaries of the extraterritorial jurisdiction to the clerk of the county
3in which the extraterritorial jurisdiction area is located and to the town clerk of each
4town, any part of which is included in such area.
AB136, s. 18 5Section 18. 66.0105 of the statutes is amended to read:
AB136,12,15 666.0105 Jurisdiction of overlapping extraterritorial powers. The
7extraterritorial powers granted to cities and villages by statute, including ss. 30.745,
862.23 (2) and (7a), 66.0415, 236.10, and 254.57, may not be exercised within the
9corporate limits of another city or village and may not be exercised within the
10corporate limits of a town whose board has adopted a resolution under s. 60.225 (1)
11unless a majority of the votes cast in the ratification vote on the resolution do not
12approve the resolution
. Wherever these statutory extraterritorial powers overlap,
13the jurisdiction over the overlapping area shall be divided on a line all points of which
14are equidistant from the boundaries of each municipality concerned so that not more
15than one municipality shall exercise power over any area.
AB136, s. 19 16Section 19. 66.0217 (3) (intro.) of the statutes is amended to read:
AB136,12,1917 66.0217 (3) Other methods of annexation. (intro.) Subject to s. 66.0307 (7)
18and except as provided in s. 60.225 (4) and (5), territory contiguous to a city or village
19may be annexed to the city or village in the following ways:
AB136, s. 20 20Section 20. 66.0219 (intro.) of the statutes is amended to read:
AB136,13,2 2166.0219 Annexation by referendum initiated by city or village. (intro.)
22As a complete alternative to any other annexation procedure, and subject to s.
2366.0307 (7) and except as provided in s. 60.225 (4) and (5), unincorporated territory
24which contains electors and is contiguous to a city or village may be annexed to the

1city or village under this section. The definitions in s. 66.0217 (1) apply to this
2section.
AB136, s. 21 3Section 21. 66.0223 of the statutes is amended to read:
AB136,13,21 466.0223 Annexation of territory owned by a city or village. In addition
5to other methods provided by law and subject to ss. 59.692 (7) and 66.0307 (7) and
6except as provided in s. 60.225 (4) and (5)
, territory owned by and lying near but not
7necessarily contiguous to a village or city may be annexed to a village or city by
8ordinance enacted by the board of trustees of the village or the common council of the
9city, provided that in the case of noncontiguous territory the use of the territory by
10the city or village is not contrary to any town or county zoning regulation. The
11ordinance shall contain the exact description of the territory annexed and the names
12of the towns from which detached, and attaches the territory to the village or city
13upon the filing of 7 certified copies of the ordinance in the office of the secretary of
14state, together with 7 copies of a plat showing the boundaries of the territory
15attached. Two copies of the ordinance and plat shall be forwarded by the secretary
16of state to the department of transportation, one copy to the department of
17administration, one copy to the department of natural resources, one copy to the
18department of revenue and one copy to the department of public instruction. Within
1910 days of filing the certified copies, a copy of the ordinance and plat shall be mailed
20or delivered to the clerk of the county in which the annexed territory is located.
21Section 66.0217 (11) applies to annexations under this section.
AB136, s. 22 22Section 22. 70.99 (8) of the statutes is amended to read:
AB136,14,523 70.99 (8) Each city, town and village assessor duly appointed or elected and
24qualified to make the assessment for a city, town or village shall continue in office
25for all purposes of completing the functions of assessor with respect to such current

1year's assessment, but is divested of all authority in respect to the January 1
2assessment that comes under the jurisdiction of the county assessor , except that a
3town assessor of any charter town under s. 60.225 is not divested of his or her
4authority under this subsection and a county assessor does not have jurisdiction in
5a charter town
.
AB136, s. 23 6Section 23. 196.58 (7) (a) of the statutes is amended to read:
AB136,15,57 196.58 (7) (a) If a municipality operating a water system seeks to serve
8consumers of an area which is part of the municipality and in the same county, but
9in order to serve such consumers it is necessary or economically prudent for the
10municipality to install mains, transmission lines, pipes or service connections
11through, upon or under a public street, highway, road, public thoroughfare or alley
12located within the boundaries of any adjacent municipality, the municipality seeking
13the installation may file a petition with the clerk of the legislative body of the
14adjacent municipality requesting approval for the installation of the mains,
15transmission lines, pipes or service connections. The governing body of the adjacent
16municipality shall act on the petition within 15 days after the petition is filed. If the
17governing body of the adjacent municipality fails to act within the 15-day period, the
18petition shall be deemed approved and the municipality may proceed with the
19installations required for service to its consumers. If, however, the governing body
20of the adjacent municipality rejects the petition, the municipality may make
21application to the commission for authority to install within the boundaries of the
22adjacent municipality, other than a town, the installations necessary to provide
23service to its consumers. The commission shall hold a hearing upon the application
24of the municipality. If the commission determines that it is necessary or economically
25prudent that the municipality seeking to serve its consumers make the installations

1within the boundaries of the adjacent municipality, the commission shall promptly
2issue an order authorizing the municipality to proceed to make the installation in the
3adjacent municipality, except that the commission may not issue such an order if the
4adjacent municipality is a town
. In the order, the commission may establish the
5manner of making the installation.
AB136, s. 24 6Section 24. 236.02 (5) of the statutes is amended to read:
AB136,15,107 236.02 (5) "Extraterritorial plat approval jurisdiction" means the
8unincorporated area, except as provided in s. 60.225 (3) (b), within 3 miles of the
9corporate limits of a first, second or third class city, or 1 1/2 miles of a fourth class city
10or a village.
AB136, s. 25 11Section 25. Laws of 1975, chapter 105, section 1 (1) and (2) are amended to
12read:
AB136,15,2413 [Laws of 1975, chapter 105] Section 1 (1) The legislature finds that the existing
14system of allocating aggregate property tax revenues among tax levying
15municipalities has resulted in significant inequities and disincentives. The cost of
16public works or improvements within a city, town, or village has been borne entirely
17by the city, town, or village, while the expansion of tax base which is stimulated,
18directly or indirectly, by such improvements, benefits not only the city, town, or
19village but also all municipalities which share such tax base. This situation is
20inequitable. Moreover, when the cost to a city, town, or village of a public
21improvement project exceeds the future benefit to the city, town, or village resulting
22therefrom, the city, town, or village may decide not to undertake such project. This
23situation has resulted in the postponement or cancellation of socially desirable
24projects.
AB136,16,6
1(2) The legislature further finds that accomplishment of the vital and beneficial
2public purposes of sections 66.405 to 66.425, 66.43, 66.431, 66.435 and 66.52 of the
3statutes, is being frustrated because of a lack of incentives and financial resources.
4The purpose of this act is to create a viable procedure by which a city or, village, or
5town
, through its own initiative and efforts, may finance projects which will tend to
6accomplish these laudable objectives.
AB136,16,77 (End)
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