66.028(6)(c)
(c) The advisory referendum shall be conducted by the municipal election officials. The governing body of the municipality may specify the number of election officials for the referendum. The ballots shall contain the words "For the revenue sharing agreement" and "Against the revenue sharing agreement" and shall otherwise conform to the provisions of
s. 5.64 (2). The election shall be conducted as are other municipal elections in accordance with
chs. 6 and
7, insofar as applicable.
66.028(6)(d)
(d) The election inspectors shall report the results of the election, showing the total number of votes cast and the numbers cast for and against the revenue sharing. The election inspectors shall attach their affidavit to the report and immediately file the report in the office of the municipal clerk.
66.028(6)(e)
(e) The costs of the advisory referendum election shall be borne by the municipality that holds the election.
66.028 History
History: 1995 a. 270.
66.029
66.029
Town boundaries, actions to test alterations. In proceedings whereby territory is attached to or detached from any town, the town is an interested party, and the town board may institute, maintain or defend an action brought to test the validity of such proceedings, and may intervene or be impleaded in any such action.
66.03
66.03
Adjustment of assets and liabilities on division of territory. 66.03(1)(1)
Definition. In this section, "municipality" includes town sanitary districts, school districts, technical college districts, towns, villages and cities.
66.03(2)(a)(a) Except as otherwise provided in this section or in
s. 60.79 (2) (c) when territory is transferred, in any manner provided by law, from one municipality to another, there shall be assigned to such other municipality such proportion of the assets and liabilities of the first municipality as the assessed valuation of all taxable property in the territory transferred bears to the assessed valuation of all the taxable property of the entire municipality from which said territory is taken according to the last assessment roll of such municipality. The clerk of any municipality to which territory is transferred as aforesaid, within 30 days of the effective date of such transfer, shall certify to the clerk of the municipality from which such territory was transferred and to the clerk of the school district in which such territory is located a metes and bounds description of the land area involved and upon receipt of such description the clerk of the municipality from which such territory was transferred shall certify to the department of revenue and to the clerk of the school district in which such territory is located the latest assessed value of the real and personal property located within the transferred territory, and shall make such further reports as may be needed by the department of revenue in the performance of duties required by law.
66.03(2)(b)
(b) When the transfer of territory from one municipality to another results from the incorporation of a new city or village, the proportion of the assets and liabilities assigned to such city or village shall be based on the average assessed valuation for the preceding 5 years of the property transferred in proportion to the average assessed valuation for the preceding 5 years of all the taxable property of the entire municipality from which said territory is taken, according to the assessment rolls of such municipality for said years. In any such case the certification by the clerk of the municipality from which territory was transferred shall include the assessed value of the real and personal property within the territory transferred for each of the last 5 years. The preceding 5 years shall include the assessment rolls for the 5 calendar years prior to the incorporation.
66.03(2c)(a)1.1. When territory is transferred in any manner provided by law from one school district to another, there shall be assigned to each school district involved such proportion of the assets and liabilities of the school districts involved as the equalized valuation of all taxable property in the territory transferred bears to the equalized valuation of all taxable property of the school district from which the territory is taken. The equalized valuation shall be certified by the department of revenue upon application by the clerk of the school district to which the territory is transferred.
66.03(2c)(a)2.
2. The clerk of any school district to which territory is transferred, within 30 days of the effective date of the transfer, shall certify to the clerk of the municipality from which the territory was transferred a metes and bounds description of the land area involved. Upon receipt of the description the clerk of the municipality from which the territory was transferred shall certify to the department of revenue the latest assessed value of the real and personal property located within the transferred territory, file one copy of the certification with the school district clerk and one copy with the department of public instruction and make such further reports as are needed by the department of revenue in the performance of duties required by law.
66.03(2c)(b)
(b)
Alternative procedure. Two or more school districts may, by identical resolutions adopted by a three-fourths vote of the members of each school board concerned, establish an alternative method to govern any adjustment of their assets and liabilities. The authority of this paragraph applies wherever the boards find that the adoption of the resolution is necessary to provide a more equitable method than is provided in
par. (a). The resolutions shall be adopted no later than 120 days after the effective date of the transfer of territory and may be adopted prior to the transfer. The resolutions adopted shall be recorded in the office of the register of deeds.
66.03(2m)
(2m) Attachment and detachment within 5 years. Whenever territory is attached to or consolidated with a school district, and the territory or any part thereof is detached therefrom within 5 years after the attachment or consolidation, the school district to which it is transferred shall be entitled, in the apportionment of assets and liabilities, only to the assets or liabilities or proportionate part thereof apportioned to the school district as the result of the original attachment or consolidation.
66.03(3)(a)(a) The title to real estate shall not be transferred except by agreement, but the value thereof shall be included in determining the assets of the municipality owning the same and in making the adjustment of assets and liabilities.
66.03(3)(b)
(b) The right to possession and control of school buildings and sites shall pass to the school district in which they are situated immediately upon the attachment or detachment of any school district territory becoming effective, except that in 1st class city school districts the right to possession and control of school buildings and sites shall pass on July 1 following the adoption of the ordinance authorized by
s. 66.021 (7). The asset value of school buildings and sites shall be the value of the use thereof, which shall be determined at the time of adjustment of assets and liabilities.
66.03(3)(c)
(c) When as a result of any annexation whereby a school district is left without a school building, any moneys are received by such school district as a result of the division of assets and liabilities required by
s. 66.03, which are derived from values that were capital assets, such moneys and interest thereon shall be held in trust by such school district and dispensed only for procuring new capital assets or remitted to an operating district as the remainder of the suspended district becomes a part of such operating district, and shall in no case be used to meet current operating expenditures. This shall include any funds in the hands of any district officers on July 1, 1953, resulting from such action previously taken under
s. 66.03. The boards involved shall, as part of their duties in division of assets and liabilities in school districts, make a written report of the allocation of assets and liabilities to the state superintendent of public instruction and any local superintendent of schools whose territory is involved in the division of assets.
66.03(4)
(4) Public utilities. Any public utility plant, including any dam, power house, power transmission line and other structures and property operated and used in connection therewith shall belong to the municipality in which the major portion of the patrons of such utility reside. The value of such utility, unless fixed by agreement of all parties interested shall be determined and fixed by the public service commission upon notice to the municipalities interested, in the manner provided by law. The commission shall certify the amount of the compensation to the clerks of each municipality interested and said amount shall be used by the apportionment board or boards in adjusting assets and liabilities.
66.03(5)
(5) Apportionment board. The boards or councils of the municipalities, or committees, thereof selected for that purpose, acting together, shall constitute an apportionment board. When any municipality is dissolved by reason of all of its territory being so transferred the board or council thereof existing at the time of such dissolution shall, for the purpose of this section, continue to exist as the governing body of such municipality until there has been an apportionment of assets by agreement of the interested municipalities or by an order of the circuit court. After an agreement for apportionment of assets has been entered into between the interested municipalities, or an order of the circuit court becomes final, a copy of such apportionment agreement, or of such order, certified to by the clerks of the interested municipalities, shall be filed with the department of revenue, the department of natural resources, the department of transportation, the state superintendent of public instruction, the department of administration, and with any other department or agency of the state from which the town may be entitled by law to receive funds or certifications or orders relating to the distribution or disbursement of funds, with the county treasurer, with the treasurer of any municipality, or with any other entity from which payment would have become due if such dissolved municipality from which such territory was transferred had continued in existence. Subject to
ss. 79.006 and
86.303 (4), thereafter payments from the shared revenue account made pursuant to
ch. 79, payments of forest crop taxes under
s. 77.05, of transportation aids under
s. 20.395, of state aids for school purposes under
ch. 121, payments for managed forest land under
subch. VI of ch. 77 and all payments due from a department or agency of the state, from a county, from a municipality, or from any other entity from which payments would have become due if such dissolved municipality from which such territory was transferred had continued in existence, shall be paid to the interested municipality as provided by such agreement for apportionment of assets or by any order of apportionment by the circuit court and such payments shall have the same force and effect as if made to the dissolved municipality from which such territory was transferred.
66.03(6)
(6) Meeting. The board or council of the municipality to which the territory is transferred shall fix a time and place for meeting and cause a written notice thereof to be given the clerk of the municipality from which the territory is taken at least 5 days prior to the date of the meeting. The apportionment may be made only by a majority of the members from each municipality who attend, and in case of committees, the action must be affirmed by the board or council represented by the committee.
66.03(7)(a)(a) The apportionment board shall determine, except for public utilities, such assets and liabilities from the best information obtainable and shall assign to the municipality to which the territory is transferred its proper proportion thereof by assigning the excess of liabilities over assets, or by assigning any particular asset or liability to either municipality, or in such other manner as will best meet the requirements of the particular case.
66.03(7)(b)
(b) If a proportionate share of any indebtedness existing by reason of municipal bonds or other obligations outstanding is assigned to any municipality, that municipality shall cause to be levied and collected upon all its taxable property, in one sum or in annual instalments, the amount necessary to pay the principal and interest thereon when due, and shall pay the amount so collected to the treasurer of the municipality which issued the bonds or incurred the obligations. The treasurer shall apply the moneys so received strictly to the payment of such principal and interest.
66.03(7)(c)
(c) If the asset apportioned consists of an aid or tax to be distributed in the future according to population, the apportionment board shall certify to the officer, agency or department responsible for making the distribution each municipality's proportionate share of such asset as determined in accordance with
sub. (2). The officer, agency or department shall thereafter distribute such aid or tax directly to the several municipalities according to such certification until the next federal census.
66.03(8)
(8) Appeal to court. In case the apportionment board is unable to agree, the circuit court of the county in which either municipality is situated, may, upon the petition of either municipality, make the adjustment of assets and liabilities pursuant to this section, including review of any alternative method provided for in
sub. (2c) (b) and the correctness of the findings thereunder.
66.03(9)
(9) Transcript of records. When territory shall be detached from a municipality by creation of a new municipality or otherwise, the proper officer of the municipality from which the territory was detached shall furnish, upon demand by the proper officer of the municipality created from the detached territory or to which it is annexed, authenticated transcript of all public records in that officer's office pertaining to the detached territory. The municipality receiving the transcript shall pay therefor.
66.03(10)
(10) State trust fund loans. When territory transferred in any manner provided by law from one municipality to another is liable for state trust fund loans secured under
subch. II of ch. 24, the clerk of the municipality to which territory is transferred shall within 30 days of the effective date of such transfer certify a metes and bounds description of the transferred area to the clerk of the municipality from which the land was transferred. Thereupon, the clerk of the municipality from which such territory was transferred shall certify to the board of commissioners of public lands:
66.03(10)(a)(a) the effective date of such transfer of territory; (b) the last preceding assessed valuation of the territory liable for state trust fund loans prior to transfer of a part of such territory; (c) the assessed valuation of the territory so transferred. Thereafter, the board shall in making its annual certifications of the amounts due on account of state trust fund loans distribute annual charges for interest and principal on any such outstanding loans in the proportion that the assessed valuation of the territory so transferred shall bear to the assessed valuation of the area liable for state trust fund loans as constituted immediately before the transfer of territory, provided, however, that any transfer of territory effective subsequent to January 1 of any year shall not be considered until the succeeding year.
66.03(10a)
(10a) Corrections. The provisions of
sub. (10) are applicable to school districts. Any errors, omissions or other defects in the tax certifications and levies in connection with the repayment of state trust fund loans by school districts for the year 1950 and all subsequent years may be corrected by the school district clerk in the tax levy certifications for following years.
66.03(11)(a)(a) Whenever a transfer of territory from one school district to another results in a change in the name of a school district which is liable for one or more state trust fund loans secured under
subch. II of ch. 24, the clerk of the school district to which the territory was transferred shall, within 30 days of the effective date of such transfer, certify to the board of commissioners of public lands and the county clerk:
66.03(11)(a)1.
1. The name of the school district from which territory was transferred;
66.03(11)(a)3.
3. The name of the school district to which the transfer was made immediately prior to the effective date of the transfer;
66.03(11)(a)4.
4. The name of the school district to which the transfer was made immediately after the effective date of such transfer.
66.03(11)(b)
(b) Thereafter, in making their annual certifications of the amounts due on account of state trust fund loans the board of commissioners of public lands shall use the new name of the school district, provided that any transfer of territory effective subsequent to January 1 of any year shall not be considered by it until the succeeding year.
66.03(12)
(12) Time of transfer. When the governmental classification of a school district is changed, all of the assets and liabilities and the title to all school property shall vest in the new district by operation of law upon the effective date of the change.
66.03(13)(a)1.1. Subject to
subd. 2., if any territory is annexed, detached or incorporated in any year, general property taxes levied against the territory shall be collected by the treasurer of the municipality in which the territory was located on January 1 of such year, and all moneys collected from the tax levied for local municipal purposes shall be allocated to each of the municipalities on the basis of the portion of the calendar year the territory was located in each of the municipalities, and paid accordingly.
66.03(13)(a)2.
2. If a city or village is incorporated after January 1 and before April 1, the procedures described in
subd. 1. shall be applied as if the city or village was incorporated on January 1 of the year in which it was incorporated and the territory shall be treated for purposes of
ch. 70 as if the incorporation had occurred on January 1.
66.03(13)(aa)
(aa)
Apportionment when town is nonexistent. If the town in which territory was located on January 1 is nonexistent when the city or village determines its budget, any taxes certified to the town or required by law to be levied against such territory shall be included in the budget of the city or village and levied against such territory, together with the city or village tax for local municipal purposes.
66.03(13)(b)
(b)
Special taxes and assessments. Whenever territory is transferred from one municipality to another by annexation, detachment, consolidation or incorporation, or returns to its former status by reason of court determination, any special tax or assessment outstanding against any property in the territory shall be collected by the treasurer of the municipality wherein the property is located, according to the terms of the ordinance or resolution levying such tax or assessment. Such special tax or assessment, when collected, shall be paid to the treasurer of the municipality which levied the special tax or assessment, or if the municipality is nonexistent, the collecting treasurer shall apply the collected funds to any obligation for which purpose the tax or assessment was levied and which remains outstanding; provided that if no such obligation is outstanding, the collected funds shall be paid into the school fund of the school district in which the territory is located.
66.03(13)(bb)
(bb)
Apportionment when court returns territory to former status. Whenever territory which has been annexed, consolidated, detached or incorporated returns to its former status by reason of a final court determination, there shall be an apportionment of general property taxes and current aids and shared revenues to adjust such assets between the municipalities, and no other apportionment of assets and liabilities. The basis of the apportionment shall be determined by the apportionment board subject to appeal to the circuit court, but the apportionment shall insofar as practicable equitably adjust such assets between the municipalities involved on the basis of the portion of the calendar year the territory was located in the respective municipalities.
66.03(13)(c)
(c)
Certification by clerk. The clerk of the municipality which assessed such special and general tax and special assessment shall certify to the clerk of the municipality to which the territory was attached or returned, a list of all the property located therein to which is charged any uncollected taxes and assessments. The certification shall be made within 30 days after the effective date of the transfer of the property, but failure to so certify shall not affect the validity of the claim.
66.03 History
History: 1971 c. 125 s.
521;
1971 c. 154;
1973 c. 90;
1975 c. 41;
1977 c. 29 ss.
699,
700,
1646 (3),
1648 (1),
1654 (2), (8) (c);
1981 c. 169;
1985 a. 29;
1985 a. 225 ss.
32 to
38,
100;
1987 a. 399;
1989 a. 31;
1991 a. 39,
316;
1993 a. 399;
1995 a. 27 ss.
3313,
3314,
9145 (1);
1995 a. 216,
225;
1997 a. 27,
237.
66.03 Annotation
The method of division of assets and liabilities set forth is exclusive. Sheboygan v. Sheboygan Sanit. Dist., 145 W (2d) 424, 427 NW (2d) 390 (Ct. App. 1988).
66.03 Annotation
Sewerage systems are not public utilities valued by the public service commission under sub. (4). Town of Beloit v. Public Service Commission, 180 W (2d) 610, 510 NW (2d) 140 (Ct. App. 1993).
66.031
66.031
Regulation of solar and wind energy systems. No county, city, town or village may place any restriction, either directly or in effect, on the installation or use of a solar energy system, as defined in
s. 13.48 (2) (h) 1. g., or a wind energy system, as defined in
s. 66.032 (1) (m), unless the restriction satisfies one of the following conditions:
66.031(1)
(1) Serves to preserve or protect the public health or safety.
66.031(2)
(2) Does not significantly increase the cost of the system or significantly decrease its efficiency.
66.031(3)
(3) Allows for an alternative system of comparable cost and efficiency.
66.032
66.032
Solar and wind access permits. 66.032(1)(a)
(a) "Agency" means the governing body of a municipality which has provided for granting a permit or the agency which the governing body of a municipality creates or designates under
sub. (2). "Agency" includes an officer or employe of the municipality.
66.032(1)(b)
(b) "Applicant" means an owner applying for a permit under this section.
66.032(1)(c)
(c) "Application" means an application for a permit under this section.
66.032(1)(d)
(d) "Collector surface" means any part of a solar collector that absorbs solar energy for use in the collector's energy transformation process. "Collector surface" does not include frames, supports and mounting hardware.
66.032(1)(e)
(e) "Collector use period" means 9 a.m. to 3 p.m. standard time daily.
66.032(1)(f)
(f) "Impermissible interference" means the blockage of wind from a wind energy system or solar energy from a collector surface or proposed collector surface for which a permit has been granted under this section during a collector use period if such blockage is by any structure or vegetation on property, an owner of which was notified under
sub. (3) (b). "Impermissible interference" does not include:
66.032(1)(f)1.
1. Blockage by a narrow protrusion, including but not limited to a pole or wire, which does not substantially interfere with absorption of solar energy by a solar collector or does not substantially block wind from a wind energy system.
66.032(1)(f)2.
2. Blockage by any structure constructed, under construction or for which a building permit has been applied for before the date the last notice is mailed or delivered under
sub. (3) (b).
66.032(1)(f)3.
3. Blockage by any vegetation planted before the date the last notice is mailed or delivered under
sub. (3) (b) unless a municipality by ordinance under
sub. (2) defines impermissible interference to include such vegetation.
66.032(1)(g)
(g) "Municipality" means any county with a zoning ordinance under
s. 59.69, any town with a zoning ordinance under
s. 60.61, any city with a zoning ordinance under
s. 62.23 (7), any 1st class city or any village with a zoning ordinance under
s. 61.35.
66.032(1)(h)
(h) "Owner" means at least one owner, as defined under
s. 66.021 (1) (b), of a property or the personal representative of at least one owner.
66.032(1)(i)
(i) "Permit" means a solar access permit or a wind access permit issued under this section.
66.032(1)(j)
(j) "Solar collector" means a device, structure or a part of a device or structure a substantial purpose of which is to transform solar energy into thermal, mechanical, chemical or electrical energy.
66.032(1)(k)
(k) "Solar energy" means direct radiant energy received from the sun.
66.032(1)(L)
(L) "Standard time" means the solar time of the ninetieth meridian west of Greenwich.
66.032(1)(m)
(m) "Wind energy system" means equipment that converts and then stores or transfers energy from the wind into usable forms of energy.
66.032(2)
(2) Permit procedure. The governing body of every municipality may provide for granting a permit. A permit may not affect any land except land which, at the time the permit is granted, is within the territorial limits of the municipality or is subject to an extraterritorial zoning ordinance adopted under
s. 62.23 (7a), except that a permit issued by a city or village may not affect extraterritorial land subject to a zoning ordinance adopted by a county or a town. The governing body may appoint itself as the agency to process applications or may create or designate another agency to grant permits. The governing body may provide by ordinance that a fee be charged to cover the costs of processing applications. The governing body may adopt an ordinance with any provision it deems necessary for granting a permit under this section, including but not limited to:
66.032(2)(b)
(b) Defining an impermissible interference to include vegetation planted before the date the last notice is mailed or delivered under
sub. (3) (b), provided that the permit holder shall be responsible for the cost of trimming such vegetation.
66.032(3)(a)(a) In a municipality which provides for granting a permit under this section, an owner who has installed or intends to install a solar collector or wind energy system may apply to an agency for a permit.
66.032(3)(b)
(b) An agency shall determine if an application is satisfactorily completed and shall notify the applicant of its determination. If an applicant receives notice that an application has been satisfactorily completed, the applicant shall deliver by certified mail or by hand a notice to the owner of any property which the applicant proposes to be restricted by the permit under
sub. (7). The applicant shall submit to the agency a copy of a signed receipt for every notice delivered under this paragraph. The agency shall supply the notice form. The information on the form may include, without limitation because of enumeration:
66.032(3)(b)1.
1. The name and address of the applicant, and the address of the land upon which the solar collector or wind energy system is or will be located.
66.032(3)(b)2.
2. That an application has been filed by the applicant.
66.032(3)(b)3.
3. That the permit, if granted, may affect the rights of the notified owner to develop his or her property and to plant vegetation.
66.032(3)(b)4.
4. The telephone number, address and office hours of the agency.
66.032(3)(b)5.
5. That any person may request a hearing under
sub. (4) within 30 days after receipt of the notice, and the address and procedure for filing the request.
66.032(4)
(4) Hearing. Within 30 days after receipt of the notice under
sub. (3) (b), any person who has received a notice may file a request for a hearing on the granting of a permit or the agency may determine that a hearing is necessary even if no such request is filed. If a request is filed or if the agency determines that a hearing is necessary, the agency shall conduct a hearing on the application within 90 days after the last notice is delivered. At least 30 days prior to the hearing date, the agency shall notify the applicant, all owners notified under
sub. (3) (b) and any other person filing a request of the time and place of the hearing.
66.032(5)(a)(a) The agency shall grant a permit if the agency determines that:
66.032(5)(a)1.
1. The granting of a permit will not unreasonably interfere with the orderly land use and development plans of the municipality;
