66.0303(3)(a)(a) Except as provided in
par. (b), an agreement made under this section shall, prior to and as a condition precedent to taking effect, be submitted to the attorney general who shall determine whether the agreement is in proper form and compatible with the laws of this state. The attorney general shall approve any agreement submitted under this paragraph unless the attorney general finds that it does not meet the conditions set forth in this section and details in writing addressed to the concerned municipal governing bodies the specific respects in which the proposed agreement fails to meet the requirements of law. Failure to disapprove an agreement submitted under this paragraph within 90 days of its submission constitutes approval. The attorney general, upon submission of an agreement, shall transmit a copy of the agreement to the governor who shall consult with any state department or agency affected by the agreement. The governor shall forward to the attorney general any comments the governor may have concerning the agreement.
66.0303(3)(b)
(b) An agreement under this section between a municipality of this state and a municipality of another state that relates to the receipt, furnishing, or joint exercise of fire fighting or emergency medical services need not be submitted to or approved by the attorney general before the agreement may take effect.
66.0303(4)
(4) An agreement entered into under this section has the status of an interstate compact, but in any case or controversy involving performance or interpretation of or liability under the agreement, the municipalities party to the agreement are real parties in interest and the state may commence an action to recoup or otherwise make itself whole for any damages or liability which it may incur by reason of being joined as a party. The action by the state may be maintained against any municipality whose act or omission caused or contributed to the incurring of damage or liability by the state.
66.0303 History
History: 1999 a. 150 ss.
77,
355;
2001 a. 109.
66.0305
66.0305
Municipal revenue sharing. 66.0305(1)
(1)
Definition. In this section, "municipality" means a city, village or town.
66.0305(2)
(2) Municipal revenue sharing agreement. Subject to the requirements of this section, any 2 or more municipalities may, by a majority vote of a quorum of their governing bodies, enter into an agreement to share all or a specified part of revenues derived from taxes and special charges, as defined in
s. 74.01 (4). One or more municipalities may enter into agreements under this section with federally recognized American Indian tribes or bands.
66.0305(3)
(3) Public hearing. At least 30 days before entering into an agreement under
sub. (2), a municipality shall hold a public hearing on the proposed agreement. Notice of the hearing shall be published as a class 3 notice under
ch. 985.
66.0305(4)(a)(a) An agreement entered into under
sub. (2) shall meet all of the following conditions:
66.0305(4)(a)1.
1. The term of the agreement shall be for at least 10 years.
66.0305(4)(a)2.
2. The boundaries of the area within which the revenues are to be shared in the agreement shall be specified.
66.0305(4)(a)3.
3. The formula or other means of determining the amount of revenues to be shared under the agreement shall be specified.
66.0305(4)(a)4.
4. The date upon which revenues agreed to be shared under the agreement shall be paid to the appropriate municipality shall be specified.
66.0305(4)(a)5.
5. The method by which the agreement may be invalidated after the expiration of the minimum period specified in
par. (a) 1. shall be specified.
66.0305(4)(b)
(b) An agreement entered into under
sub. (2) may address any other appropriate matters, including any agreements with respect to services or agreements with respect to municipal boundaries under
s. 66.0225 or
66.0307.
66.0305(5)
(5) Contiguous boundaries. No municipality may enter into an agreement under
sub. (2) with one or more municipalities unless the municipality is contiguous to at least one other municipality that enters into the agreement.
66.0305(6)(a)(a) Within 30 days after the hearing under
sub. (3), the governing body of a participating municipality may adopt a resolution calling for an advisory referendum on the agreement. An advisory referendum shall be held if, within 30 days after the hearing under
sub. (3), a petition, signed by a number of qualified electors equal to at least 10% of the votes cast for governor in the municipality at the last gubernatorial election, is filed with the clerk of a participating municipality, requesting an advisory referendum on the revenue sharing plan. The petition shall conform to the requirements of
s. 8.40 and shall be filed as provided in
s. 8.37. If an advisory referendum is held, the municipality's governing body may not vote to approve the agreement under
sub. (2) until the report under
par. (d) is filed.
66.0305(6)(b)
(b) The advisory referendum shall be held not less than 42 days nor more than 72 days after adoption of the resolution under
par. (a) calling for the referendum or not less than 42 days nor more than 72 days after receipt of the petition under
par. (a) by the municipal clerk. The municipal clerk shall give notice of the referendum by publishing a notice in a newspaper of general circulation in the municipality, both on the publication day next preceding the advisory referendum election and one week prior to that publication date.
66.0305(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.
66.0305(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.
66.0305(6)(e)
(e) The costs of the advisory referendum election shall be borne by the municipality that holds the election.
66.0305 History
History: 1995 a. 270;
1999 a. 150 s.
72; Stats. 1999 s. 66.0305;
1999 a. 182 s.
202.
66.0307
66.0307
Boundary change pursuant to approved cooperative plan. 66.0307(1)(a)
(a) "Department" means the department of administration.
66.0307(2)
(2) Boundary change authority. Any combination of municipalities may determine the boundary lines between themselves under a cooperative plan that is approved by the department under this section. No boundary of a municipality may be changed or maintained under this section unless the municipality is a party to the cooperative agreement. The cooperative plan shall provide one or more of the following:
66.0307(2)(a)
(a) That specified boundary line changes shall occur during the planning period and the approximate dates by which the changes shall occur.
66.0307(2)(b)
(b) That specified boundary line changes may occur during the planning period and the approximate dates by which the changes may occur.
66.0307(2)(c)
(c) That a required boundary line change under
par. (a) or an optional boundary line change under
par. (b) shall be subject to the occurrence of conditions set forth in the plan.
66.0307(2)(d)
(d) That specified boundary lines may not be changed during the planning period.
66.0307(3)(a)(a)
Who may prepare plan. The municipalities that propose to set the boundary lines between themselves under this section shall prepare a cooperative plan.
66.0307(3)(b)
(b)
Purpose of plan. The cooperative plan shall be made with the general purpose of guiding and accomplishing a coordinated, adjusted and harmonious development of the territory covered by the plan which will, in accordance with existing and future needs, best promote public health, safety, morals, order, convenience, prosperity or the general welfare, as well as efficiency and economy in the process of development.
66.0307(3)(c)
(c)
Content of plan; physical development of territory. The cooperative plan, and any accompanying maps, plats, charts and descriptive and explanatory materials, shall show the plan agreed upon for the physical development of the territory covered by the plan. The plan may include, without limitation because of enumeration, any of the following:
66.0307(3)(c)1.
1. The general location, character and extent of streets, highways, freeways, street grades, roadways, walks, bridges, viaducts, parking areas, tunnels, public places and areas, parks, parkways and playgrounds.
66.0307(3)(c)2.
2. Sites for public buildings and structures, airports, pierhead and bulkhead lines and waterways.
66.0307(3)(c)4.
4. The general location and extent of sewers, water conduits and other public utilities, whether privately or publicly owned.
66.0307(3)(c)5.
5. The acceptance, widening, narrowing, extension, relocation, removal, vacation, abandonment or change of use of any of the public ways, grounds, places, spaces, buildings, properties, utilities, routes or terminals described in
subds. 1. to
4.
66.0307(3)(c)7.
7. The general location, character and extent of community centers and neighborhood units.
66.0307(3)(c)8.
8. The general character, extent and layout of the replanning of blighted districts and slum areas.
66.0307(3)(d)
(d)
Content of plan; boundaries and services. The cooperative plan shall:
66.0307(3)(d)1.
1. Identify any boundary change and any existing boundary that may not be changed during the planning period.
66.0307(3)(d)2.
2. Identify any conditions that must be met before a boundary change may occur.
66.0307(3)(d)3.
3. Include a schedule of the period during which a boundary change shall or may occur.
66.0307(3)(d)4.
4. Include a statement explaining how any part of the plan related to the location of boundaries meets the approval criteria under
sub. (5) (c) 4. and
5.
66.0307(3)(d)5.
5. Describe the services to be provided to the territory covered by the plan, identify the providers of those services and indicate whether the provision of any service has received preliminary approval of any relevant governmental regulatory authority.
66.0307(3)(d)6.
6. Include a schedule for delivery of the services described under
subd. 5.
66.0307(3)(d)7.
7. Include a statement explaining how provision under the plan for the delivery of necessary municipal services to the territory covered by the plan meets the approval criterion under
sub. (5) (c) 3.
66.0307(3)(d)8.
8. Designate the municipalities that are participating in the cooperative plan and that are required to ratify any boundary changes by enacting an ordinance under
sub. (10).
66.0307(3)(dm)
(dm)
Content of plan; environmental consequences and housing needs. The cooperative plan shall:
66.0307(3)(dm)1.
1. Identify any significant adverse consequences to the natural environment, including air and water pollution, energy use, development outside compact urban areas and contribution to urban sprawl, that may be caused by the proposed physical development of the territory covered by the plan.
66.0307(3)(dm)2.
2. Demonstrate that each participating municipality has considered alternatives to the proposed physical development of the territory covered by the plan, in order to minimize or avoid significant adverse environmental consequences, including those under
subd. 1., and include in the plan a description of the alternatives considered.
66.0307(3)(dm)3.
3. If the physical development of the territory covered by the plan is subject to federal environmental laws or regulations, state laws or state environmental rules, describe how compliance with the laws, regulations or rules will be achieved.
66.0307(3)(dm)4.
4. Address the need for safe and affordable housing to meet the needs of diverse social and income groups in each municipality that is participating in the preparation of the plan.
66.0307(3)(e)
(e)
Content of plan; compatibility with existing law. The cooperative plan shall describe how the plan is consistent with current state and federal laws, county shoreland zoning ordinances under
s. 59.692, municipal regulations and administrative rules that apply to the territory affected by the plan.
66.0307(3)(f)
(f)
Content of plan; planning period. The cooperative plan shall specify the duration of the proposed planning period, which shall be for a period of 10 years, except that the duration of the proposed planning period may be for a period greater than 10 years if a duration greater than 10 years is approved by the department.
66.0307(3)(g)
(g)
Content of plan; zoning agreement. The cooperative plan shall include all agreements under
sub. (7m).
66.0307(3)(h)
(h)
Existing plans may be used. A cooperative plan may be based on, contain elements of or duplicate any existing plan for the same territory.
66.0307(4)
(4) Procedure for adopting cooperative plan. 66.0307(4)(a)(a)
Authorizing resolution. Each municipality that intends to participate in the preparation of a cooperative plan under this section shall adopt a resolution authorizing participation in the preparation of the plan. Notice of each resolution shall be given in writing, within 5 days after the resolution is adopted, to all of the following:
66.0307(4)(a)1.
1. The department, the department of natural resources, the department of agriculture, trade and consumer protection and the department of transportation.
66.0307(4)(a)2.
2. The clerks of any municipality, school district, technical college district, sewerage district or sanitary district which has any part of its territory within 5 miles of a participating municipality.
66.0307(4)(a)3.
3. The clerk of each county in which a participating municipality is located.
66.0307(4)(a)4.
4. Any county zoning agency under
s. 59.69 (2) or regional planning commission whose jurisdiction includes a participating municipality.
66.0307(4)(b)
(b)
Public hearing. At least 120 days after adoption under
par. (a) of the last resolution by a participating municipality and at least 60 days before submitting a cooperative plan to the department for review and approval under
sub. (5), the participating municipalities shall hold a joint hearing on the proposed plan. Notice of the hearing shall be given by each participating municipality by class 3 notice under
ch. 985.
66.0307(4)(c)
(c)
Comment on plan. Any person may comment on the plan during the hearing and may submit written comments before, at or within 20 days following the hearing. All comments shall be considered by each participating municipality. A county zoning agency under
s. 59.69 (2) or regional planning commission whose jurisdiction includes any participating municipality shall comment in writing on the plan's effect on the master plan adopted by the regional planning commission under
s. 66.0309 (9), or development plan adopted by the county board or county planning agency under
s. 59.69 (3), and on the delivery of municipal services, and may comment on any other aspect of the plan. A county in the regional planning commission's jurisdiction may submit comments on the effect of the cooperative plan on the master plan adopted under
s. 66.0309 (9) and on the delivery of county services or on any other matter related to the plan.
66.0307(4)(d)1.1. Subject to
subd. 2., after the public hearing under
par. (b) and consideration of comments made on the proposed cooperative plan, the plan participants may revise the plan in response to the comments and may, by resolution adopted by each participating municipality, adopt a final version of the plan.
66.0307(4)(d)2.
2. If within 30 days after the public hearing under
par. (b) a petition opposing the plan, signed by a number of qualified electors equal to at least 10% of the votes cast for governor in the municipality at the last gubernatorial election, is filed with the clerk of a participating municipality, the final version of the plan may be adopted in that municipality only by an affirmative vote of three-fourths of the members of the municipality's governing body who are present and voting. The petition shall conform to the requirements of
s. 8.40.
66.0307(4)(e)1.1. Within 30 days after adoption of a final plan under
par. (d), the governing body of a participating municipality may adopt a resolution calling for an advisory referendum on the plan. An advisory referendum shall be held if, within 30 days after adoption of the final plan under
par. (d), a petition, signed by a number of qualified electors equal to at least 10% of the votes cast for governor in the municipality at the last gubernatorial election, is filed with the clerk of a participating municipality and as provided in
s. 8.37, requesting an advisory referendum on the cooperative plan. The petition shall conform to the requirements of
s. 8.40.
66.0307(4)(e)2.
2. The advisory referendum shall be held not less than 42 days nor more than 72 days after adoption of the resolution under
subd. 1. calling for the referendum or not less than 42 days nor more than 72 days after receipt of the petition by the municipal clerk. The municipal clerk shall give notice of the referendum by publishing a notice in a newspaper of general circulation in the municipality, both on the publication day next preceding the advisory referendum election and one week prior to that publication date.
66.0307(4)(e)3.
3. 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 cooperative plan" and "Against the cooperative plan" 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.
66.0307(4)(e)4.
4. 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 cooperative plan. The election inspectors shall attach their affidavit to the report and immediately file the report in the office of the municipal clerk. The election inspector shall file a certified report of the results in the office of the clerk of each municipality that is a party to the cooperative plan.
66.0307(4)(e)5.
5. The costs of the advisory referendum election shall be borne by the municipality that holds the election.
66.0307(4)(f)
(f)
Submittal of final plan to department. If no advisory referendum is held under
par. (e), the plan participants may submit the final version of the cooperative plan to the department for approval under
sub. (5) at least 60 days but not more than 180 days after the public hearing under
par. (b). If an advisory referendum is held under
par. (e), each participating municipality shall determine, by resolution, whether to submit the final version of the cooperative plan to the department for approval under
sub. (5). The resolution shall be adopted within 60 days after the last advisory referendum is held. If any of the plan participants fails or refuses to approve submittal of the cooperative plan to the department, the plan may not be submitted. Any written comment received by a participating municipality on any version of the cooperative plan shall be submitted to the department at the time that the cooperative plan is submitted. If the cooperative plan is not submitted to and approved by the department, it may not be implemented under this section by any of the participating municipalities.
66.0307(5)
(5) Department review and approval of local or cooperative plan. 66.0307(5)(a)(a)
Generally. The department shall make a written determination of whether to approve a cooperative plan within 90 days after receiving the plan unless the department and the parties to the plan agree to a longer determination period. The department shall consider written comments on the plan received by a municipality under
sub. (4) (c) that is submitted to the department under
sub. (4) (f) or from any other source. The department may request information relating to the cooperative plan, including any comprehensive plan or land use plan currently being utilized by any participating municipality, from that municipality, and from any county or regional planning commission. The department may seek and consider comments from any state agency on whether the cooperative plan is consistent with state laws and administrative rules under the agency's jurisdiction. Any state agency requested to comment on a cooperative plan shall comply with the request. The department shall issue its determination of whether to approve the cooperative plan in writing, supported by specific findings based on the criteria under
par. (c). The approval or disapproval of a cooperative plan by the department under this section is not a contested case, as defined in
s. 227.01 (3), for purposes of
ch. 227.
66.0307(5)(b)
(b)
Hearing. Any person may request a public hearing before the department on a cooperative plan submitted to the department for approval. A request for a public hearing shall be in writing and shall be submitted to the department within 10 days after the cooperative plan is received by the department. If requested, the department shall, and on its own motion the department may, hold a public hearing on the cooperative plan. If requested to hold a public hearing, the department is required to hold only one hearing, regardless of the number of requests for a hearing. Any public hearing under this paragraph shall be held in a municipality that is a party to the cooperative plan.
66.0307(5)(c)
(c)
Approval of cooperative plan. A cooperative plan shall be approved by the department if the department determines that all of the following apply:
66.0307(5)(c)1.
1. The content of the plan under
sub. (3) (c) to
(e) is sufficient to enable the department to make the determinations under
subds. 2. to
5m.
