60.785(2)(b)
(b) Within 60 days after the referendum, the appropriate town board shall appoint or provide for the election of commissioners or constitute itself as the commission for the consolidated district, as provided in
s. 60.74.
60.785(2)(c)
(c) Consolidation of a district does not affect the preexisting rights or liabilities of any town sanitary district and actions may be commenced or completed on such rights or liabilities as though no consolidation had occurred.
60.785(3)(a)1.1. A town sanitary district may be dissolved in whole using the procedure for creating a town sanitary district under
s. 60.71. The petition shall state why the town sanitary district does not meet the standards of
s. 60.71 (6) (b). If the town board, after the hearing, finds that one or more of the standards of
s. 60.71 (6) (b) are not met, the town board shall order the dissolution of the town sanitary district, except that a board may not order the dissolution of a district if, following dissolution, all outstanding indebtedness of the district would not be paid or provision for payment of the indebtedness would not be made.
60.785(3)(a)2.
2. A town sanitary district may be dissolved in part under
subd. 1. if that sanitary district was created on October 31, 1967.
60.785 Note
NOTE: Subd. 2. was created by
1987 Wis. Act 27. Section 3204 (57) (fm) states that the creation of subd. 2. takes effect retroactively to June 20, 1983.
60.785(3)(b)
(b) Any unexpended funds remaining after dissolution of the district shall be distributed by the commission on an equitable basis to the municipalities or persons who supplied the funds.
60.785(4)
(4) Review of orders. The town board's order under
sub. (1),
(1m) or
(3) may be reviewed under the procedures and time limits in
s. 60.73.
60.79
60.79
Alteration of town sanitary districts. 60.79(1)
(1)
Incorporation or annexation of entire town sanitary district. If any territory which includes an entire town sanitary district is incorporated as a city or village or if the territory is annexed by a city or village:
60.79(1)(a)
(a) The incorporation or annexation dissolves the district without further action by the commission or the town board and without any right to appeal the dissolution.
60.79(1)(b)
(b) The property of the district passes to the city or village and the city or village shall assume all assets and liabilities of the district. If any revenue bond, revenue bond anticipation notes, mortgage bonds or mortgage certificates issued under
s. 66.066 are outstanding, the transfer of the property is subject to the bonds, notes or certificates. If any general obligation bonds or notes issued under
ch. 67 are outstanding, the city or village shall levy and collect an annual irrepealable tax on all taxable property in the city or village in an amount necessary to pay the interest and principal of the bonds and notes when due.
60.79(1)(c)
(c) The city or village continues to collect special assessments levied by the former district and shall apply the special assessments to the purpose for which the original assessment was made.
60.79(2)
(2) Incorporation or annexation of part of a town sanitary district. 60.79(2)(a)(a) The incorporation or annexation of territory within the town sanitary district detaches that territory from the district.
60.79(2)(b)
(b) The city or village and the town sanitary district are subject to
pars. (c) to
(e) if territory constituting less than the entire town sanitary district is annexed or incorporated and:
60.79(2)(b)1.
1. The territory is served by the town sanitary district with a water or sewerage system; or
60.79(2)(b)2.
2. The territory is not served by the town sanitary district with a water or sewerage system, but the district has obligations related to the territory subject to incorporation or annexation which require payment for longer than one year following the incorporation or annexation.
60.79(2)(c)
(c) The city or village and the town sanitary district shall divide the assets and liabilities of the town sanitary district under
s. 66.03 or by entering into an intergovernmental cooperation agreement under
s. 66.30, except that the ownership of any water or sewerage system shall be determined under
par. (dm).
60.79(2)(d)1.1. Any water or sewerage system, including all mains and all property of the system, shall belong to and be operated by the district or the city or village, in whichever the major portion of the patrons reside on the date of annexation or incorporation, unless other provision is made by agreement of the governing body of the city or village and the commission. Express power is hereby granted to the governing body of the city or village and the commission to contract with each other relative to the operation and property of any water or sewerage system.
60.79(2)(d)2.
2. In determining the major portion of the patrons, each location served shall be considered as one patron irrespective of the manner in which the title to the property is held.
60.79(2)(dm)
(dm) If the responsibility for continuing the operation is vested in the town sanitary district, it shall continue, except by agreement, until the proportion of users changes so that a majority of the patrons reside in the city or village, at which time the property and the responsibility shall shift to the city or village.
60.79(2)(e)
(e) Any special assessment levied before the incorporation or annexation shall continue to be collected by the district or city or village which is operating the water or sewerage system and shall be applied to the purpose for which the original assessment was made.
60.79(3)
(3) Service area. No city or village which secures a water or sewerage system under this section is required to serve an area outside its corporate limits greater than that included in the town sanitary district at the time of annexation or incorporation. The city or village shall continue to serve the area previously included within the district.
60.79(4)
(4) City or village authority. A city or village which obtains a water or sewerage system under this section may:
60.79(4)(a)
(a) Continue, alter or discontinue operation by a commission.
60.79(4)(b)
(b) Continue or discontinue existing methods of financing construction and operation of the system.
60.79(4)(d)
(d) Levy special assessments within the area of the former town sanitary district under
s. 66.60. Special assessments may be levied regardless of the time when the improvement was commenced or completed, when used for refunding purposes in conjunction with issuance of general obligation-local improvement bonds under
s. 66.54 (9) or special assessment bonds under
s. 66.54 (10).
60.79(5)
(5) Collection of special assessments by towns. Towns shall aid cities and villages, and villages and cities shall aid towns, in the levy and collection of special assessments, property taxes and all service charges under this section by entering them on town, city or village assessment and tax rolls and collecting and forwarding the moneys to the levying municipality.
60.79 Annotation
Sub. (2) (b) requires selective rather than automatic application of subs. (2) (c) to (e). Town of Hallie v. City of Eau Claire, 173 W (2d) 450, 496 NW (2d) 656 (Ct. App. 1992).
60.79 Annotation
Sub. (2) (d) is inapplicable to annexed property which contains no commercial or personal patrons of a town water system which runs through it. Under sub. (1) the annexed property lies within the annexing city's domain as a matter of law and the city bears the responsibility of providing water. Town of Sheboygan v. City of Sheboygan, 203 W (2d) 274, 553 NW (2d) 275 (Ct. App. 1996).
MISCELLANEOUS
60.80
60.80
Publication or posting of ordinances and resolutions. 60.80(1)(1)
General requirement. The town clerk shall publish as a class 1 notice under
ch. 985, or post in at least 3 places in the town likely to give notice to the public, the following, within 30 days after passage or adoption:
60.80(1)(a)
(a) Resolutions, motions and other actions adopted by the town meeting, or in the exercise of powers, under
s. 60.10.
60.80(1)(c)
(c) Resolutions of general application adopted by the town board and having the effect of law.
60.80(1m)
(1m) Exception for municipal obligations. Nothing under
sub. (1) may be deemed to require notice under this subsection of the passage of any resolution authorizing the issuance of municipal obligations, as defined under
s. 67.01 (6).
60.80(2)
(2) Requirement for forfeitures. If an ordinance imposes a forfeiture, posting may not be used in lieu of publication under
sub. (1).
60.80(3)
(3) Effective upon publication. An ordinance, resolution, motion or other action required to be published or posted under this section shall take effect the day after its publication or posting, or at a later date if expressly provided in the ordinance, resolution, motion or action.
60.80(4)
(4) Affidavit of posting. If an ordinance, resolution, motion or other action is posted under this section, the town clerk shall sign an affidavit attesting that the item was posted as required by this section and stating the date and places of posting. The affidavit shall be filed with other records under the jurisdiction of the clerk.
60.80 History
History: 1983 a. 532;
1987 a. 197.
60.81
60.81
Population; use of federal census. If the census of a town is required, the last federal census, including a special federal census, if any, shall be used.
60.81 History
History: 1983 a. 532.
60.82
60.82
Regional planning programs. The town board may act jointly with other municipalities in the area to establish and maintain a regional planning program to protect the health, safety and general welfare of the town as part of the region. The board may make payments out of the general fund for the town's share of the cost of the program.
60.82 History
History: 1983 a. 532.
60.83
60.83
Destruction of obsolete town records. The town board may provide for the destruction of obsolete town records under
s. 19.21 (4).
60.83 History
History: 1983 a. 532.
60.84(1)(1)
Survey, contract for. The town board may contract with the county surveyor or any registered land surveyor to survey all or some of the sections in the town and to erect monuments under this section as directed by the board.
60.84(2)
(2) Bond. Before the town board executes a contract under
sub. (1), the surveyor shall execute and file with the town board a surety bond or other financial security approved by the town board.
60.84(3)(a)(a) Monuments shall be set on section and quarter-section corners established by the United States survey. If there is a clerical error or omission in the government field notes or if the bearing trees, mounds or other location identifier specified in the notes is destroyed or lost, and if there is no other reliable evidence by which a section or quarter-section corner can be identified, the surveyor shall reestablish the corner under the rules adopted by the federal government in the survey of public lands. The surveyor shall set forth his or her actions under this paragraph in the certificate under
sub. (4).
60.84(3)(b)
(b) All monuments set under this section are presumed to be set at the section and quarter-section corners, as originally established by the United States survey, at which they respectively purport to be set.
60.84(3)(c)
(c) To establish, relocate or perpetuate a corner, the surveyor shall set in the proper place a monument, as determined by the town board, consisting of:
60.84(3)(c)1.
1. A stone or other equally durable material, not less than 3 feet long and 6 inches square, with perpendicular, dressed sides and a square, flat top. As prescribed by the town board, the top shall be engraved with either:
60.84(3)(c)1.a.
a. A cross formed by lines connecting the corners of the top; or
60.84(3)(c)1.b.
b. If the monument is set at a section corner, the number of the section or, if set at a quarter-section corner, "1/4S"; or
60.84(3)(c)2.
2. A 3-inch diameter iron pipe, not less than 3 feet long, with pipe walls not less than one-quarter inch thick, galvanized or coal-charred to prevent rust. The pipe shall have a flat plate, screwed to the top, engraved as prescribed in
subd. 1. The pipe shall have a suitable bottom plate or anchor.
60.84(3)(d)
(d) A monument under
par. (c) shall be set 2 1/2 feet in the ground. If the monument is located in a highway, the top of the monument shall be even with or below the surface of the highway.
60.84(4)
(4) Certificate. The surveyor shall prepare a certificate setting forth a complete and accurate record of any survey under this section, including the exact bearings and distances of each monument from each other monument nearest it on any line in the town. The certificate shall be recorded in the office of the register of deeds of the county in which the surveyed land is located.
60.84 History
History: 1983 a. 532.
