SB165,8,2
13. A metropolitan sewerage district created under ss. 200.01 to 200.15 or under
2ss. 200.21 to 200.65.
SB165,8,33 4. A public utility, as defined in s. 196.01 (5).
SB165,8,44 5. A town sanitary district created by another town under subch. IX.
SB165,8,55 6. A city or village.
SB165,8,86 (c) The town provides law enforcement services, 24 hours a day, by establishing
7a town police department or by creating a joint police department with another city,
8village, or town under s. 60.56.
SB165,8,11 9(5) Limits on land acquisition. If the conditions described under sub. (4) apply,
10the following city or village methods of acquiring territory in a town are limited as
11provided under sub. (4):
SB165,8,1212 (a) Annexation under s. 66.0217, 66.0219, or 66.0223.
SB165,8,1413 (b) Acquisition of real or personal property for park-related purposes as
14described in s. 27.08 (2) (b) or (c).
SB165,8,1515 (c) Acquisition of land for community forest purposes under s. 28.20.
SB165,8,1716 (d) Acquisition of real or personal property for any of the purposes described
17under s. 61.34 (3).
SB165,8,1918 (e) Acquisition of real or personal property for any of the purposes described
19under s. 62.22 (1) or (1e).
SB165, s. 9 20Section 9. 60.23 (32) of the statutes is created to read:
SB165,8,2521 60.23 (32) Town tax increment powers. (a) Subject to par. (b), if the town is
22a charter town under s. 60.225, exercise all powers of cities under s. 66.1105. If the
23town board exercises the powers of a city under s. 66.1105, it is subject to the same
24duties as a common council under s. 66.1105 and the town is subject to the same
25duties and liabilities as a city under s. 66.1105.
SB165,9,2
1(b) If a town creates a tax incremental district under s. 60.85, the town may not
2take any action with regard to that district except by acting under s. 60.85.
SB165, s. 10 3Section 10. 60.61 (2) (intro.) of the statutes is amended to read:
SB165,9,74 60.61 (2) Extent of authority. (intro.) Subject If a town board revokes its
5approval of a county zoning ordinance under s. 60.225 (3) (a) 2. or, subject
to subs.
6(3) and (3m), if a town is located in a county which has not enacted a county zoning
7ordinance under s. 59.69, the town board, by ordinance, may:
SB165, s. 11 8Section 11. 60.61 (3) (intro.) of the statutes is amended to read:
SB165,9,139 60.61 (3) Exercise of authority. (intro.) Before exercising authority under
10sub. (2), the town board of a town that is located in a county that has not adopted a
11county zoning ordinance under s. 59.69
shall petition the county board to initiate, at
12any regular or special meeting, action to enact a county zoning ordinance under s.
1359.69. The town board may proceed under sub. (2) if:
SB165, s. 12 14Section 12. 60.62 (2) of the statutes is amended to read:
SB165,9,2115 60.62 (2) If the county in which the town is located has enacted a zoning
16ordinance under s. 59.69, the exercise of the authority under sub. (1) is subject to
17approval by the town meeting or by a referendum vote of the electors of the town held
18at the time of any regular or special election, except that this subsection does not
19apply if a town board revokes its approval of a county zoning ordinance under s.
2060.225 (3) (a) 2
. The question for the referendum vote shall be filed as provided in
21s. 8.37.
SB165, s. 13 22Section 13. 60.62 (3) of the statutes is amended to read:
SB165,9,2423 60.62 (3) In counties having a county zoning ordinance, no zoning ordinance
24or amendment of a zoning ordinance may be adopted under this section unless

1approved by the county board, except that this subsection does not apply if a town
2board revokes its approval of a county zoning ordinance under s. 60.225 (3) (a) 2
.
SB165, s. 14 3Section 14. 61.34 (3) of the statutes is amended to read:
SB165,10,134 61.34 (3) Acquisition and disposal of property. The Except as provided in s.
560.225 (4) and (5), the
village board may acquire property, real or personal, within
6or outside the village, for parks, libraries, recreation, beautification, streets, water
7systems, sewage or waste disposal, harbors, improvement of watercourses, public
8grounds, vehicle parking areas, and for any other public purpose; may acquire real
9property within or contiguous to the village, by means other than condemnation, for
10industrial sites; may improve and beautify the same; may construct, own, lease and
11maintain buildings on such property for instruction, recreation, amusement and
12other public purposes; and may sell and convey such property. Condemnation shall
13be as provided by ch. 32.
SB165, s. 15 14Section 15. 62.22 (1) of the statutes is amended to read:
SB165,10,2315 62.22 (1) Purposes. The Except as provided in s. 60.225 (4) and (5), the
16governing body of any city may by gift, purchase or condemnation acquire property,
17real or personal, within or outside the city, for parks, recreation, water systems,
18sewage or waste disposal, airports or approaches thereto, cemeteries, vehicle
19parking areas, and for any other public purpose; may acquire real property within
20or contiguous to the city, by means other than condemnation, for industrial sites; may
21improve and beautify the same; may construct, own, lease and maintain buildings
22on such property for public purposes; and may sell and convey such property. The
23power of condemnation for any such purpose shall be as provided by ch. 32.
SB165, s. 16 24Section 16. 62.22 (1e) of the statutes is amended to read:
SB165,11,7
162.22 (1e) Certain industrial sites. The Except as provided in s. 60.225 (4) and
2(5), the
governing body of a 2nd class city which is adjacent to Lake Michigan and
3which is located in a county with a population of less than 110,000, according to the
4most recent estimate by the department of administration, may acquire real
5property by gift outside the city boundaries for industrial sites; may improve and
6beautify the same; may construct, own, lease and maintain buildings on such
7property for public purposes; and may sell and convey such property.
SB165, s. 17 8Section 17. 62.23 (7a) (a) of the statutes is amended to read:
SB165,12,39 62.23 (7a) (a) Extraterritorial zoning jurisdiction means the unincorporated
10area, except as provided in s. 60.225 (3) (b), within 3 miles of the corporate limits of
11a first, second or third class city, or 1 1/2 miles of a fourth class city or a village.
12Wherever extraterritorial zoning jurisdictions overlap, the provisions of s. 66.0105
13shall apply and any subsequent alteration of the corporate limits of the city by
14annexation, detachment or consolidation proceedings shall not affect the dividing
15line as initially determined under s. 66.0105. The governing body of the city shall
16specify by resolution the description of the area to be zoned within its extraterritorial
17zoning jurisdiction sufficiently accurate to determine its location and such area shall
18be contiguous to the city. The boundary line of such area shall follow government lot
19or survey section or fractional section lines or public roads, but need not extend to
20the limits of the extraterritorial zoning jurisdiction. Within 15 days of the adoption
21of the resolution the governing body shall declare its intention to prepare a
22comprehensive zoning ordinance for all or part of its extraterritorial zoning
23jurisdiction by the publication of the resolution in a newspaper having general
24circulation in the area proposed to be zoned, as a class 1 notice, under ch. 985. The
25city clerk shall mail a certified copy of the resolution and a scale map reasonably

1showing the boundaries of the extraterritorial jurisdiction to the clerk of the county
2in which the extraterritorial jurisdiction area is located and to the town clerk of each
3town, any part of which is included in such area.
SB165, s. 18 4Section 18. 66.0105 of the statutes is amended to read:
SB165,12,14 566.0105 Jurisdiction of overlapping extraterritorial powers. The
6extraterritorial powers granted to cities and villages by statute, including ss. 30.745,
762.23 (2) and (7a), 66.0415, 236.10, and 254.57, may not be exercised within the
8corporate limits of another city or village and may not be exercised within the
9corporate limits of a town whose board has adopted a resolution under s. 60.225 (1)
10unless a majority of the votes cast in the ratification vote on the resolution do not
11approve the resolution
. Wherever these statutory extraterritorial powers overlap,
12the jurisdiction over the overlapping area shall be divided on a line all points of which
13are equidistant from the boundaries of each municipality concerned so that not more
14than one municipality shall exercise power over any area.
SB165, s. 19 15Section 19. 66.0217 (3) (intro.) of the statutes is amended to read:
SB165,12,1816 66.0217 (3) Other methods of annexation. (intro.) Subject to s. 66.0307 (7),
17and except as provided in sub. (14), and s. 60.225 (4) and (5), territory contiguous to
18a city or village may be annexed to the city or village in the following ways:
SB165, s. 20 19Section 20. 66.0219 (intro.) of the statutes is amended to read:
SB165,12,25 2066.0219 Annexation by referendum initiated by city or village. (intro.)
21As a complete alternative to any other annexation procedure, and subject to sub. (10)
22and s. 66.0307 (7), and except as provided in sub. (14), and except as provided in s.
2360.225 (4) and (5),
unincorporated territory which contains electors and is contiguous
24to a city or village may be annexed to the city or village under this section. The
25definitions in s. 66.0217 (1) apply to this section.
SB165, s. 21
1Section 21. 66.0223 (1) of the statutes is amended to read:
SB165,13,19 266.0223 (1) In addition to other methods provided by law and subject to sub.
3(2) and ss. 59.692 (7) and 66.0307 (7) and except as provided in s. 60.225 (4) and (5),
4territory owned by and lying near but not necessarily contiguous to a village or city
5may be annexed to a village or city by ordinance enacted by the board of trustees of
6the village or the common council of the city, provided that in the case of
7noncontiguous territory the use of the territory by the city or village is not contrary
8to any town or county zoning regulation. The ordinance shall contain the exact
9description of the territory annexed and the names of the towns from which
10detached, and attaches the territory to the village or city upon the filing of 7 certified
11copies of the ordinance in the office of the secretary of state, together with 7 copies
12of a plat showing the boundaries of the territory attached. Two copies of the
13ordinance and plat shall be forwarded by the secretary of state to the department of
14transportation, one copy to the department of administration, one copy to the
15department of natural resources, one copy to the department of revenue and one copy
16to the department of public instruction. Within 10 days of filing the certified copies,
17a copy of the ordinance and plat shall be mailed or delivered to the clerk of the county
18in which the annexed territory is located. Sections 66.0203 (8) (c) and 66.0217 (11)
19apply to annexations under this section.
SB165, s. 22 20Section 22. 70.99 (8) of the statutes is amended to read:
SB165,14,321 70.99 (8) Each city, town and village assessor duly appointed or elected and
22qualified to make the assessment for a city, town or village shall continue in office
23for all purposes of completing the functions of assessor with respect to such current
24year's assessment, but is divested of all authority in respect to the January 1
25assessment that comes under the jurisdiction of the county assessor , except that a

1town assessor of any charter town under s. 60.225 is not divested of his or her
2authority under this subsection and a county assessor does not have jurisdiction in
3a charter town
.
SB165, s. 23 4Section 23. 236.02 (5) of the statutes is amended to read:
SB165,14,85 236.02 (5) "Extraterritorial plat approval jurisdiction" means the
6unincorporated area, except as provided in s. 60.225 (3) (b), within 3 miles of the
7corporate limits of a first, second or third class city, or 1 1/2 miles of a fourth class city
8or a village.
SB165,14,99 (End)
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