66.015 Annotation
The 4 square mile requirement of sub. (5) was met where 4.2 square miles of village land were proposed for annexation, although 2.5 square miles of that were within floodway lines. In re Petition of Tp. of Campbell, 78 W (2d) 246, 254 NW (2d) 241.
66.016
66.016
Standards to be applied by the department. 66.016(1)(1) The department may approve for referendum only those proposed incorporations which meet the following requirements:
66.016(1)(a)
(a)
Characteristics of territory. The entire territory of the proposed village or city shall be reasonably homogeneous and compact, taking into consideration natural boundaries, natural drainage basin, soil conditions, present and potential transportation facilities, previous political boundaries, boundaries of school districts, shopping and social customs. An isolated municipality shall have a reasonably developed community center, including some or all of such features as retail stores, churches, post office, telecommunications exchange and similar centers of community activity.
66.016(1)(b)
(b)
Territory beyond the core. The territory beyond the most densely populated one-half square mile specified in
s. 66.015 (1) or the most densely populated square mile specified in
s. 66.015 (2) shall have an average of more than 30 housing units per quarter section or an assessed value, as defined in
s. 66.021 (1) (a) for real estate tax purposes, more than 25% of which is attributable to existing or potential mercantile, manufacturing or public utility uses. The territory beyond the most densely populated square mile as specified in
s. 66.015 (3) or
(4) shall have the potential for residential or other urban land use development on a substantial scale within the next 3 years. The department may waive these requirements to the extent that water, terrain or geography prevents such development.
66.016(2)
(2) In addition to complying with each of the applicable standards set forth in
sub. (1) and
s. 66.015, any proposed incorporation in order to be approved for referendum must be in the public interest as determined by the department upon consideration of the following:
66.016(2)(a)
(a)
Tax revenue. The present and potential sources of tax revenue appear sufficient to defray the anticipated cost of governmental services at a local tax rate which compares favorably with the tax rate in a similar area for the same level of services.
66.016(2)(b)
(b)
Level of services. The level of governmental services desired or needed by the residents of the territory compared to the level of services offered by the proposed village or city and the level available from a contiguous municipality which files a certified copy of a resolution as provided in
s. 66.014 (6).
66.016(2)(c)
(c)
Impact on the remainder of the town. The impact, financial and otherwise, upon the remainder of the town from which the territory is to be incorporated.
66.016(2)(d)
(d)
Impact on the metropolitan community. The effect upon the future rendering of governmental services both inside the territory proposed for incorporation and elsewhere within the metropolitan community. There shall be an express finding that the proposed incorporation will not substantially hinder the solution of governmental problems affecting the metropolitan community.
66.016 Annotation
The delegation of legislative power under sub. (2) (d) is constitutional. Westring v. James, 71 W (2d) 462, 238 NW (2d) 695.
66.016 Annotation
Incorporation of a town in a metropolitan area discussed. Pleasant Prairie v. Local Affairs Dept. 113 W (2d) 327, 334 NW (2d) 893 (1983).
66.016 Annotation
That the department approved annexations which helped create fragmented town borders does not render the department's determination that the town's proposed incorporation did not meet the requirement of homogeneity and compactness arbitrary and capricious. Incorporation of the Town of Pewaukee, 186 W (2d) 515, 521 NW (2d) 453 (Ct. App. 1994).
66.017
66.017
Review of the action. 66.017(2)
(2) The decision of the department made under
s. 66.014 (9) shall be subject to judicial review under
ch. 227.
66.017(3)
(3) Where a proceeding for judicial review is commenced under
sub. (2), appeal under
sub. (1) may not be taken and the time in which the appeal may be taken does not commence to run until judgment is entered in the proceeding for judicial review.
66.017(4)
(4) Where an incorporation referendum has been ordered by the circuit court under
s. 66.014 (9) (f), the referendum shall not be stayed pending the outcome of further litigation, unless the court of appeals or the supreme court, upon appeal or upon the filing of an original action in supreme court, concludes that a strong probability exists that the order of the circuit court or the decision of the department will be set aside.
66.017 History
History: 1977 c. 29,
187; Sup. Ct. Order, 146 W (2d) xiii (1988.
66.017 Annotation
Where a petition to incorporate is dismissed due to DOA disapproval under s. 66.014 (9), sub. (2) prevents appellate court review prior to judicial review under ch. 227. Petition to Incorporate Powers Lake Village, 171 W (2d) 659, 492 NW (2d) 342 (Ct. App. 1992).
66.018
66.018
Referendum procedure. 66.018(1)
(1)
Order. The circuit court's order for an incorporation referendum shall specify the voting place and the date of the referendum, which shall be not less than 6 weeks from the date of the order, and name 3 inspectors of election. If the order is for a city incorporation referendum the order shall further specify that 7 alderpersons shall be elected at large from the proposed city. The city council at its first meeting shall determine the number and boundaries of wards in compliance with
s. 5.15 (1) and
(2), and the combination of wards into aldermanic districts. The number of alderpersons per aldermanic district shall be determined by charter ordinance.
66.018(2)
(2) Notice of referendum. Notice of the referendum shall be given by publication of the order of the circuit court in a newspaper having general circulation in the territory. Such publication shall be once a week for 4 successive weeks, the first publication to be not more than 4 weeks before the referendum.
66.018(3)
(3) Return. An incorporation referendum shall be conducted in the same manner as an annexation referendum under
s. 66.021 (5) insofar as applicable except that the ballot shall contain the words "For a city [village]" and "Against a city [village]". The inspectors shall make a return to the circuit court.
66.018(4)
(4) Costs. If the referendum is against incorporation, the costs of the election shall be borne by the towns involved in the proportion that the number of electors of each town within the territory proposed to be incorporated, voting in the referendum, bears to the total number of electors in the territory voting in the referendum. If the referendum is for a village or city, the costs shall be charged against the municipality in the apportionment of town assets.
66.018(5)
(5) Certification of incorporation. If a majority of the votes in an incorporation referendum are cast in favor of a village or city, the clerk of the circuit court shall certify the fact to the secretary of state and supply the secretary of state with a copy of a description of the legal boundaries of the village or city and the associated population and a copy of a plat thereof. Within 10 days of receipt of the description and plat, the secretary of state shall forward 2 copies to the department of transportation, one copy to the department of administration, one copy to the department of revenue and one copy to the department of commerce. The secretary of state shall issue a certificate of incorporation and record the same.
66.018 Annotation
A referendum is effective immediately if the majority of votes are for incorporation. 70 Atty. Gen. 128.
66.019
66.019
Powers of new village or city: elections; adjustment of taxes; reorganization as village. 66.019(1)
(1)
Village or city powers. Every village or city incorporated under this section shall be a body corporate and politic, with powers and privileges of a municipal corporation at common law and conferred by these statutes.
66.019(2)(a)(a) Ordinances in force in the territory incorporated or any part thereof, insofar as not inconsistent with
chs. 61 and
62, shall continue in force until altered or repealed.
66.019(2)(b)
(b) A county shoreland zoning ordinance enacted under
s. 59.692 that is in force in any part of the territory shall continue in force until altered under
s. 59.692 (7) (ad).
66.019(3)
(3) Interim officers. All officers of the village or town embracing the territory thus incorporated as a village or city shall continue in their powers and duties until the first meeting of the board of trustees or common council at which a quorum is present. Until a village or city clerk is chosen and qualified all oaths of office and other papers shall be filed with the circuit court, with whom the petition was filed, who shall deliver them with the petition to the village or city clerk when that clerk qualifies.
66.019(4)
(4) First village or city election. 66.019(4)(a)(a) Within 10 days after incorporation of the village or city, the clerk of the circuit court with whom the petition was filed shall fix a time for the first election, and where appropriate designate the polling place or places, and name 3 inspectors of election for each place. The time for the election shall be fixed no less than 40 nor more than 50 days after the date of the certificate of incorporation issued by the secretary of state, irrespective of any other provision in the statutes. Nomination papers shall conform to
ch. 8 insofar as applicable. Such papers shall be signed by not less than 5% nor more than 10% of the total votes cast at the referendum election, and be filed no later than 15 days before the time fixed for the election. Ten days' previous notice of the election shall be given by the clerk of the circuit court by publication in the newspapers selected under
s. 66.018 (2) and by posting notices in 3 public places in such village or city, but failure to give such notice shall not invalidate the election.
66.019(4)(b)
(b) The election shall be conducted as prescribed by
ch. 6, except that no registration of voters shall be required. The inspectors shall make returns to the clerk of the circuit court who shall, within one week after such election, canvass the returns and declare the result. The clerk shall notify the officers-elect and issue certificates of election. If the first election is on the first Tuesday in April the officers so elected and their appointees shall commence and hold their offices as for a regular term. Otherwise they shall commence within 10 days and hold their offices until the regular village or city election and the qualification of their successors and the terms of their appointees shall expire as soon as successors qualify.
66.019(5)
(5) Taxes levied before incorporation; how collected and divided. Whenever a village or city is incorporated from territory within any town or towns, after the assessment of taxes in any year and before the collection of such taxes, the tax so assessed shall be collected by the town treasurer of the town or the town treasurers of the different towns of which such village or city formerly constituted a part, and all moneys collected from the tax levied for town purposes shall be divided between the village or city and the town or the towns, as provided by
s. 66.03 (13) (a) 1., for the division of property owned jointly by towns and villages.
66.019(6)
(6) Reorganization as village. If the population of the city falls below 1,000 as determined by the United States census, the council may upon filing of a petition conforming to the requirements of
s. 8.40 containing the signatures of at least 15% of the electors submit at any general or city election the question whether the city shall reorganize as a village. If three-fifths of the votes cast on the question are for reorganization the mayor and council shall record the return in the office of the register of deeds and file a certified copy with the clerk of the circuit court, and shall immediately call an election, to be conducted as are village elections, for the election of village officers. Upon the qualification of such officers, the board of trustees shall declare the city reorganized as a village, and the reorganization shall be effected. The clerk shall certify a copy of the declaration to the secretary of state who shall file the declaration and endorse a memorandum thereof on the record of the certificate of incorporation of the city. Rights and liabilities of the city shall continue in favor of or against the village. Ordinances, so far as within the power of the village, shall remain in force until changed.
66.02
66.02
Consolidation. Subject to
s. 66.023 (7), any town, village or city may be consolidated with a contiguous town, village or city, by ordinance, passed by a two-thirds vote of all the members of each board or council, fixing the terms of the consolidation and ratified by the electors at a referendum held in each municipality. The ballots shall bear the words, "for consolidation", and "against consolidation", and if a majority of the votes cast thereon in each municipality are for consolidation, the ordinances shall then be in effect and have the force of a contract. The ordinance and the result of the referendum shall be certified as provided in
s. 66.018 (5); if a town the certification shall be preserved as provided in
ss. 60.03 and
66.018 (5), respectively. Consolidation shall not affect the preexisting rights or liabilities of any municipality and actions thereon may be commenced or completed as though no consolidation had been effected. Any consolidation ordinance proposing the consolidation of a town and another municipality shall, within 10 days after its adoption and prior to its submission to the voters for ratification at a referendum, be submitted to the circuit court and the department of administration for a determination whether such proposed consolidation is in the public interest. The circuit court shall determine whether the proposed ordinance meets the formal requirements of this section and shall then refer the matter to the department of administration, which shall find as prescribed in
s. 66.014 whether the proposed consolidation is in the public interest in accordance with the standards in
s. 66.016. The department's findings shall have the same status as incorporation findings under
ss. 66.014 to
66.019.
66.021
66.021
Annexation of territory. 66.021(1)
(1)
Definitions. In this section, unless the context clearly requires otherwise:
66.021(1)(a)
(a) "Assessed value" means the value for general tax purposes as shown on the tax roll for the year next preceding the filing of any petition for annexation.
66.021(1)(am)
(am) "Legal description" means a complete description of land to be annexed without internal references to any other document, and shall be described in one of the following ways:
66.021(1)(am)1.
1. By metes and bounds commencing at a monument at the section or quarter section corner or at the end of a boundary line of a recorded private claim or federal reservation in which the annexed land is located and in one of the following ways:
66.021(1)(am)2.
2. If the land is located in a recorded subdivision or in an area subject to a certified survey map, by reference as described in
s. 236.28 or
s. 236.34 (3).
66.021(1)(b)
(b) "Owner" means the holder of record of an estate in possession in fee simple, or for life, in land or real property, or a vendee of record under a land contract for the sale of an estate in possession in fee simple or for life but does not include the vendor under a land contract. A tenant in common or joint tenant shall be considered such owner to the extent of his or her interest.
66.021(1)(c)
(c) "Petition" includes the original petition and any counterpart thereof.
66.021(1)(d)
(d) "Real property" means land and the improvements thereon.
66.021(1)(e)
(e) "Scale map" means a map that accurately reflects the legal description of the property to be annexed and the boundary of the annexing city or village, and that includes a graphic scale on the face of the map.
66.021(2)
(2) Methods of annexation. Subject to
s. 66.023 (7), territory contiguous to any city or village may be annexed thereto in the following ways:
66.021(2)(a)
(a)
Direct annexation. A petition for direct annexation may be filed with the city or village clerk if it has been signed by either of the following:
66.021(2)(a)1.
1. A number of qualified electors residing in the territory subject to the proposed annexation equal to at least the majority of votes cast for governor in the territory at the last gubernatorial election, and either of the following:
66.021(2)(a)1.a.
a. The owners of one-half of the land in area within the territory.
66.021(2)(a)1.b.
b. The owners of one-half of the real property in assessed value within the territory.
66.021(2)(a)2.
2. If no electors reside in the territory subject to the proposed annexation, by either of the following:
66.021(2)(a)2.a.
a. The owners of one-half of the land in area within the territory.
66.021(2)(a)2.b.
b. The owners of one-half of the real property in assessed value within the territory.
66.021(2)(b)
(b)
Annexation by referendum. A petition for a referendum on the question of annexation may be filed with the city or village clerk signed by a number of qualified electors residing in the territory equal to at least 20% of the votes cast for governor in the territory at the last gubernatorial election, and the owners of at least 50% of the real property either in area or assessed value. The petition shall conform to the requirements of
s. 8.40.
66.021(2m)
(2m) Elector determination. Whenever a number of electors cannot be determined on the basis of reported election statistics, the number shall be determined in accordance with
s. 60.74 (6).
66.021(3)(a)(a) The annexation shall be initiated by publishing in the territory proposed for annexation a class 1 notice, under
ch. 985, of intention to circulate an annexation petition. The notice shall contain:
66.021(3)(a)1.
1. A statement of intention to circulate an annexation petition.
66.021(3)(a)2.
2. A legal description of the territory proposed to be annexed and a copy of a scale map.
66.021(3)(a)3.
3. The name of the city or village to which the annexation is proposed.
66.021(3)(a)4.
4. The name of the town or towns from which the territory is proposed to be detached.
66.021(3)(a)5.
5. The name and post-office address of the person causing the notice to be published who shall be an elector or owner in the area proposed to be annexed.
66.021(3)(b)
(b) The person who causes the notice to be published shall serve a copy of the notice, within 5 days after its publication, upon the clerk of each municipality affected, upon the clerk of each school district affected and upon each owner of land in a town if that land will be in a city or village after the annexation. Such service may be either by personal service or by registered mail with return receipt requested.
66.021(4)(a)(a) The petition shall state the purpose of the petition, contain a legal description of the territory proposed to be annexed and have attached thereto a scale map. The petition shall also specify the population, as defined in
s. 66.013 (2) (b), of the territory.
66.021(4)(b)
(b) No person who has signed a petition shall be permitted to withdraw his or her name therefrom. No additional signatures shall be added after a petition is filed.
66.021(4)(c)
(c) The circulation of the petition shall commence not less than 10 days nor more than 20 days after the date of publication of the notice of intention to circulate. The annexation petition shall be void unless filed within 6 months of the date of publication of the notice.
66.021(5)(a)(a)
Notice. Within 60 days after the filing of the petition, the common council or village board may accept or reject the petition and if rejected no further action shall be taken thereon. Acceptance may consist of adoption of an annexation ordinance. Failure to reject the petition shall obligate the city or village to pay the cost of any referendum favorable to annexation. If the petition is not rejected the clerk of the city or village with whom the annexation petition is filed shall give written notice thereof by personal service or registered mail with return receipt requested to the clerk of any town from which territory is proposed to be detached and shall give like notice to any person who files a written request therefor with the clerk. Such notice shall indicate whether the petition is for direct annexation or whether it requests a referendum on the question of annexation. If the notice indicates that the petition is for a referendum on the question of annexation, the town clerk shall give notice as provided in
par. (c) of a referendum of the electors residing in the area proposed for annexation to be held within 30 days after the date of personal service or mailing of the notice required under this paragraph. If the notice indicates that the petition is for direct annexation, no referendum shall be held unless within 30 days after the date of personal service or mailing of the notice required under this paragraph, a petition conforming to the requirements of
s. 8.40 requesting a referendum is filed with the town clerk signed by at least 20% of the electors residing in the area proposed to be annexed. If such a petition is filed, the clerk shall give notice as provided in
par. (c) of a referendum of the electors residing in the area proposed for annexation to be held within 30 days of the receipt of the petition and shall mail a copy of such notice to the clerk of the city or village to which the annexation is proposed. Any referendum shall be held at some convenient place within the town to be specified in the notice.
66.021(5)(b)
(b)
Clerk to act. If more than one town is involved, the city or village clerk shall determine as nearly as is practicable which town contains the most electors in the area proposed to be annexed and shall indicate in the notice required under
par. (a) such determination. The clerk of the town so designated shall perform the duties required hereunder and the election shall be conducted in such town as are other elections conducted therein.
66.021(5)(c)
(c)
Publication of notice. The notice shall be published in a newspaper of general circulation in the area proposed to be annexed on the publication day next preceding the referendum election and one week prior to such publication.
66.021(5)(d)
(d)
How conducted. The referendum shall be conducted by the town election officials but the town board may reduce the number of such officials for that election. The ballots shall contain the words "For annexation" and "Against annexation" and shall otherwise conform to the provisions of
s. 5.64 (2). The election shall be conducted as are other town elections in accordance with
chs. 6 and
7 insofar as applicable.
66.021(5)(e)
(e)
Canvass; statement to be filed. The election inspectors shall make a statement of the holding of the election showing the whole number of votes cast, and the number cast for and against annexation, attach thereto their affidavit and immediately file it in the office of the town clerk. They shall file a certified statement of the results in the office of the clerk of each other municipality affected.
66.021(5)(f)
(f)
Costs. If the referendum is against annexation, the costs of the election shall be borne by the towns involved in the proportion that the number of electors of each town within the territory proposed to be annexed, voting in the referendum, bears to the total number of electors in such territory, voting in the referendum.
66.021(5)(g)
(g)
Effect. If the result of the referendum is against annexation, all previous proceedings shall be nullified. If the result of the referendum is for annexation, failure of any town official to perform literally any duty required by this section shall not invalidate the annexation.
66.021(6)
(6) Qualifications. Qualifications as to electors and owners shall be determined as of the date of filing any petition, except that all qualified electors residing in the territory proposed for annexation on the day of the conduct of a referendum election shall be entitled to vote therein. Residence and ownership must be bona fide and not acquired for the purpose of defeating or invalidating the annexation proceedings.
66.021(7)(a)(a) An ordinance for the annexation of the territory described in the annexation petition may be enacted by a two-thirds vote of the elected members of the governing body not less than 20 days after the publication of the notice of intention to circulate the petition and not later than 120 days after the date of filing with the city or village clerk of the petition for annexation or of the referendum election if favorable to the annexation. If the annexation is subject to
sub. (11) the governing body shall first review the reasons given by the department of administration that the proposed annexation is against the public interest. Subject to
s. 59.692 (7), such an ordinance may temporarily designate the classification of the annexed area for zoning purposes until the zoning ordinance is amended as prescribed in
s. 62.23 (7) (d). Before introduction of an ordinance containing such temporary classification, the proposed classification shall be referred to and recommended by the plan commission. The authority to make such temporary classification shall not be effective when the county ordinance prevails during litigation as provided in
s. 59.69 (7).
