59.74 Annotation
A city or village engineer acting under s. 59.635 (2) [now 59.74 (2) (b) 2.] need not be registered as a land surveyor. 68 Atty. Gen. 185.
59.75
59.75
Certificates and records as evidence. The certificate and also the official record of the county surveyor when produced by the legal custodian thereof, or any of the county surveyor's deputies, when duly signed by the county surveyor in his or her official capacity, shall be admitted as evidence in any court within the state, but the same may be explained or rebutted by other evidence. If any county surveyor or any of his or her deputies are interested in any tract of land a survey of which becomes necessary, such survey may be executed by any land surveyor appointed by the board.
59.75 History
History: 1977 c. 449;
1995 a. 201 s.
398; Stats. 1995 s. 59.75.
59.76
59.76
Registration of farms. 59.76(1)
(1) The owner of any farm or country estate, or that person's authorized agent, may register the name of the farm or estate in the office of the register of deeds of the county in which the farm or estate is situated. The owner or purchaser of the farm or any part of the farm may change or release the name from that person's respective interest in the farm by recording a certificate stating that the original registered name is released. A new name of the farm or any parts of the farm may then be registered. Every register of deeds shall index all registrations of farm documents and make the index available upon request. The index shall contain the name of the owner of the farm or estate and the name for the farm or estate that the owner or agent may designate, if no other farm or estate in the county has been previously registered under the same name. The fee for recording an instrument under this subsection shall be the fee specified under
s. 59.43 (2) (ag).
59.76(2)
(2) Any register of deeds who fails or refuses to register farms under
sub. (1), or who charges or collects more than the fee specified under
s. 59.43 (2) (ag) for recording any such registration, or recording such certificate, or who knowingly registers a farm or estate under a name previously adopted and registered for some other farm or estate in the county, or any person who uses, by way of advertisement or otherwise, the name of any farm or estate registered as provided in this section, to designate or as the name of any farm or estate in the county other than the farm or estate for which the name was registered, unless the name was adopted for and used as the name of the other farm or estate prior to April 6, 1905, shall be fined not less than $5 nor more than $25 or imprisoned for not less than 10 days nor more than 30 days, or both.
59.76 History
History: 1971 c. 211;
1981 c. 245;
1991 a. 316;
1993 a. 301;
1995 a. 201 s.
463; Stats. 1995 s. 59.76.
59.78
59.78
Special counties; classification of claims. In counties containing a population of more than three hundred thousand, the county auditor shall classify all such claims according to the budgetary funds provided for in
s. 59.84, against which they are chargeable, before such claims are laid before such board. The county auditor shall then submit with the claims chargeable against each fund, a statement of the balance in such fund against which no county orders have been issued. If such balance in any fund is less than the total of the claims chargeable against such fund, the auditor shall call the attention of the board to that fact, and such board shall not issue county orders in excess of such balance without previously appropriating to such fund an additional sum at least sufficient to cover such orders. If any claims or claim shall be for a purpose for which no specific appropriation has been made in the budget, such claim or claims shall be considered as chargeable against the contingent fund. When the county auditor countersigns any order on the county treasurer for the payment of a claim allowed the auditor shall charge such order against the fund appropriated for that purpose.
59.78 History
History: 1991 a. 316.
POPULOUS COUNTIES
59.79
59.79
Milwaukee County. In a county with a population of 500,000 or more, the board may:
59.79(1)
(1) Housing facilities. Build, furnish and rent housing facilities to residents of the county. Such a county may borrow money or accept grants from the federal government for or in aid of any project to build, furnish and rent such housing facilities, to take over any federal lands and to such ends enter into such contracts, mortgages, trust indentures, leases or other agreements as the federal government may require. It is the intent of this subsection to authorize such a county to do anything necessary to secure the financial aid and the cooperation of the federal government in any undertaking by the county authorized by this subsection, including the authority to provide housing subsidies or allowances by participation in federal government housing programs.
59.79(2)
(2) Intergovernmental committees; appropriation. Appropriate money to defray the expenses of any intergovernmental committee organized in the county with participation by the board to study countywide governmental problems, and make recommendations thereon. All items of expense paid out of the appropriations shall be presented on vouchers signed by the chairperson and secretary of the intergovernmental committee.
59.79(3)
(3) Transportation studies. Undertake the necessary studies and planning, alone or with other urban planning activities, to determine the total transportation needs of the county areas; to formulate a program for the most efficient and economical coordination, integration and joint use of all existing transportation facilities; and to study the interrelationship between metropolitan county area growth and the establishment of various transportation systems for such area in order to promote the most comprehensive planning and development of both. In pursuance of such undertaking the board may employ the services of consultants to furnish surveys and plans, and may appropriate funds for the payment of the cost of such work and the hiring of consultants.
59.79(4)
(4) Heating and air conditioning contractors. For the purpose of protecting and promoting the general health and welfare of county residents, provide by ordinance for the regulation, control, prohibition and licensing of heating and air conditioning contractors engaged in either soliciting work or any actual installation, maintenance or repair work within the geographic limits of such a county. The board may revoke any license after the filing of charges and notice of hearing thereon. Such ordinance in addition may impose a forfeiture of not to exceed $100 for any violation or, in default of payment thereof, imprisonment for not to exceed 30 days and each day's failure to comply with any provision of the ordinance shall constitute a separate offense. In addition the county may institute injunctive proceedings to enforce any provision of the ordinance. The board may also, within the ordinance, provide for the creation of an advisory board and prescribe its powers. Such ordinance shall apply within cities and villages which may have enacted ordinances regulating the same subject matter but the county ordinance shall not have jurisdiction over any building code matter in any municipality, nor shall the ordinance be applicable to licensed electrical contractors engaged in the installation, maintenance or repair of electrical heating and air conditioning systems or to a public utility which is subject to
ch. 196.
59.79(5)
(5) Fee for certain marriage ceremonies. Enact an ordinance imposing a fee to be paid in advance to the clerk for each marriage ceremony performed by a judge or a circuit or supplemental court commissioner specified in
s. 765.16 (5) in the courthouse, safety building or children's court center during hours when any office in those public buildings is open for the transaction of business. The amount of the fee shall be determined by the board.
59.79(6)
(6) World festival celebration. Appropriate money for planning and participation in a world festival celebration, or any similar program or activity designed to promote international commerce and culture.
59.79(7)
(7) Lakefront parking facility. 59.79(7)(a)(a) Contract with the state to use and pay reasonable charges for the use of all or a portion of the parking facility authorized under
s. 13.485 and to guaranty all or a portion of the debt service for revenue obligations issued under
s. 13.485 as compensation for benefits to be derived by the county and the public from the facility funded by the issuance.
59.79(7)(b)
(b) Take any action that is necessary to facilitate contracting with the state under
par. (a), including the levying of any direct annual tax for that purpose.
59.79(8)
(8) Contractual personnel services. Enter into a contract for a period not to exceed 2 years for the services of retired county employees, provided such services shall not replace or duplicate an existing office or position in the classified or unclassified service nor be considered an office or position under
s. 63.03.
59.79(10)
(10) County hospital. Determine policy for the operation, maintenance and improvement of the county hospital under
s. 49.71 (2) and, notwithstanding the powers and duties specified under
s. 46.21 (2) (k),
(3r) and
(6) with respect to the county hospital and the administrator and specified under
s. 46.21 (2) (b),
(L),
(m),
(n),
(nm),
(o),
(p) and
(q) and
(3g), provide for the management of the county hospital as the board considers appropriate, except that the employee positions at the hospital will be county employee positions. If the board acts under this subsection, the board may not discontinue operation, maintenance and improvement of the county hospital under
s. 49.71 (2) and shall exercise the duties under
s. 46.21 (4m). This subsection does not apply if the board acts under
s. 46.21 with respect to the county hospital under
s. 49.71 (2).
59.79(11)
(11) Baseball. Own and operate a professional baseball team, appropriate money for the purchase of a franchise for such team, and in the discretion of the board organize and maintain a nonprofit corporation for such team ownership and operation or participate with others in the formation and operation of such corporation.
59.79(12)
(12) Licenses for cats. Enact an ordinance requiring licenses for cats. The ordinance may require a person who owns or keeps a cat within the county's boundaries to pay a license fee, obtain a license tag and otherwise control the cat. An ordinance enacted under this subsection shall require the owner of a cat to present evidence that the cat is currently immunized against rabies before a license may be issued. All proceeds from cat licenses shall be used for licensing, regulating and impounding cats.
59.79(13)
(13) Design-build construction process. Let a contract for the construction of a sheriff's department training academy, that is located in the county, using the design-build construction process.
59.79 History
History: 1995 a. 201 ss.
137,
164,
166,
168,
170,
184,
189,
194 to
196,
223,
225,
235,
236,
431,
454;
1999 a. 9,
83;
2001 a. 61;
2007 a. 63.
59.79 Annotation
Milwaukee County has authority to acquire vacant land on the open market and to resell it at a reduced price to private parties under a contract of sale that requires purchasers to build low- and middle-income housing, especially for persons displaced by expressway construction. 60 Atty. Gen. 242.
59.792
59.792
Milwaukee County; sewage, waste, refuse. 59.792(1)(a)
(a) "County" means a county with a population of 500,000 or more.
59.792(1)(b)
(b) "Waste" includes, without limitation because of enumeration, garbage, ashes, municipal, domestic, industrial and commercial rubbish, waste or refuse material.
59.792(2)
(2) The county's board may provide for the transmission and disposal of sewage from any county buildings. The county shall annually pay to the municipality in which the buildings are situated its proportion of the expense of the transmission and disposal of the sewage by the municipality, as certified under
s. 200.55 (5). The county's proportionate expense shall be determined by the ratio that the amount of sewage contributed by any county buildings bears to the total amount of sewage contributed by the municipality to the sewage system. Each municipality in which county buildings are located, if payment is to be made, shall provide and furnish meters to determine the amount of sewage so contributed. This subsection shall not apply to user charges billed to the county under
s. 200.59.
59.792(3)(a)(a) The county's board may do any of the following:
59.792(3)(a)1.
1. Engage in the function of the destruction or disposal of waste by providing dumpage facilities.
59.792(3)(a)2.
2. Acquire lands by purchase, lease, donation or right of eminent domain within the county and use the lands as dumpage sites for depositing, salvaging, processing, burning or otherwise disposing of waste.
59.792(3)(a)3.
3. Acquire land by purchase, lease or donation outside the county for purposes described in
subd. 2. where state and local regulations permit.
59.792(3)(a)4.
4. Construct and equip incinerators and other structures to be used for disposal of waste.
59.792(3)(a)6.
6. Maintain, control and operate incinerators for burning waste.
59.792(3)(a)7.
7. Utilize or dispose of by sale or otherwise heat or power reclaimed from incinerator facilities.
59.792(3)(a)8.
8. Sell all salvageable waste materials and by-products.
59.792(3)(a)9.
9. Levy a tax to create a working capital fund to maintain and operate dumpage facilities, construct, equip and operate incinerators and other structures for disposal of wastes.
59.792(3)(a)10.
10. Charge or assess reasonable fees to persons making use of such sites, incinerators or other structures for the disposal of waste.
59.792(3)(a)11.
11. Make charges approximately commensurate with the cost of services rendered to any municipality using the county waste disposal facilities.
59.792(3)(a)12.
12. Authorize payment to any municipality, in which county waste disposal facilities, including incinerators, are located, to cover the reasonable cost of fire fighting services rendered to the county when fire fighting service is required.
59.792(3)(a)13.
13. Contract with private collectors and municipalities and transporters to receive and dispose of waste other than garbage at dumpage and incinerator sites.
59.792(3)(a)14.
14. Levy taxes to provide funds to acquire sites and to construct and equip incinerators and other structures for disposal of wastes.
59.792(3)(a)15.
15. Enact and enforce ordinances, and adopt and enforce rules and regulations, necessary for the orderly conduct of providing dumpage facilities and services and provide forfeitures for the violation thereof.
59.792(3)(b)
(b) The charges for waste disposal services shall be determined by the board and shall include a reasonable charge for depreciation. In the determination of the charges the board shall give full consideration to any fees directly collected for the service. Waste disposal charges shall be apportioned under
s. 70.63 to the respective municipalities receiving the service. The depreciation charges shall create a reserve for future capital outlays for waste disposal facilities.
59.792(3)(c)
(c) Before acquiring any site in the county to be used for dumping or the erection of an incinerator or other structure for the disposal of waste, a public hearing shall be held in the county following notice of hearing by publication as a class 3 notice, under
ch. 985.
59.792(3)(d)
(d) The powers conferred by this subsection are declared to be necessary to the preservation of the public health, welfare and convenience of the county.
59.792 History
History: 1999 a. 83;
1999 a. 150 s.
672.
59.80
59.80
Milwaukee County; city-county crime commission. The board of any county with a population of 500,000 or more or the common council of any 1st class city however organized in such county may appropriate money to defray in whole or in part the expenses of a city-county crime commission organized and functioning to determine methods of crime prevention in such county. All items of expense paid out of such appropriation shall be presented and paid on board vouchers as are claims against counties.
59.80 History
History: 1995 a. 201 s.
167.
59.81
59.81
Cash flow, Milwaukee. In counties having a population of 500,000 or more, the treasurer may be designated as the custodian for all cash received in an escrow, trust, bailment or safekeeping capacity by any other department of the county. This section is not applicable to the clerk of circuit court or any other depository specifically designated by a court of law or by a donor or other bailor even if the other depository retains control over such funds and the ultimate disposition. The treasurer may commingle this cash with general revenue cash and subject these funds to a common investment policy. Any interest earned on such investment reverts to the general fund of the county.
59.81 History
History: 1975 c. 41;
1995 a. 201 s.
271; Stats. 1995 s. 59.81.
59.82
59.82
Milwaukee County Research and Technology Park. 59.82(1)(1) Counties with a population of 500,000 or more may participate in the development of a research and technology park under
sub. (2) if all of the following apply:
59.82(1)(a)
(a) A nonstock corporation is organized under
ch. 181, and that corporation is a nonprofit corporation as defined in
s. 181.0103 (17), organized for the sole purpose of developing a research and technology park under
sub. (2).
59.82(1)(b)
(b) The research and technology park is located on land designated by the board for that purpose and owned by the county.
59.82(1)(c)
(c) The board determines that participation is for a public purpose and that participation will benefit the Milwaukee regional medical center, Milwaukee County and this state.
59.82(2)
(2) A county may participate with the nonstock, nonprofit corporation under
sub. (1) (a) in the development of a research and technology park by doing any of the following on terms approved by the board:
59.82(2)(a)
(a) Leasing or otherwise making available to the nonprofit corporation property for a research and technology park.
59.82(2)(b)
(b) Making grants or loans to the nonprofit corporation for the operations of the nonprofit corporation and for the development of a research and technology park.
59.82(2)(c)
(c) Borrowing money to be used for the development of a research and technology park and by issuing notes, bonds or other evidence of indebtedness for this purpose.
59.82(2)(d)
(d) Entering into contracts or exercising any other authority that is necessary for the development of a research and technology park.
59.82(3)
(3) Officers, officials and employees of the county may be members of the board of directors of the nonstock, nonprofit corporation under
sub. (1) (a) but may not receive compensation for serving as a member of the board.
59.82(4)
(4) The nonstock, nonprofit corporation under
sub. (1) (a) shall give a 45-day written notice to a municipality that is located in the county whenever the nonprofit corporation intends to enter into a transaction that entails moving a research or technology business or facility from the municipality to the research and technology park.
59.82 History
History: 1995 a. 201 s.
230;
1997 a. 79.
59.84
59.84
Expressways and mass transit facilities in populous counties. 59.84(1)(1)
Definitions. In this section, unless the context indicates otherwise:
59.84(1)(a)
(a) "Board" means the county board of supervisors in any county with a population of 500,000 or more.
59.84(1)(b)
(b) "Expressway" means a divided arterial highway for through traffic with full or partial control of access and, generally, with grade separations at intersections.
59.84(1)(bm)
(bm) "Full control of access" means that the authority to control access is exercised to give preference to through traffic by providing access connections with selected public roads only and by prohibiting crossings at grade or direct private driveway connections.
59.84(1)(c)
(c) "Expressway project" means an integral portion of the expressway that may be put to public use independently of other expressway projects.
59.84(1)(d)
(d) "Expressway project budget" means the plan of financial operation embodying an estimate of proposed expenditures for an expressway project and the proposed means of financing them.
59.84(1)(e)
(e) "Mass transit" includes, without limitation because of enumeration, exclusive or preferential bus lanes if those lanes are limited to abandoned railroad rights-of-way or existing expressways constructed before May 17, 1978, highway control devices, bus passenger loading areas and terminal facilities, including shelters, and fringe and corridor parking facilities to serve bus and other public mass transportation passengers, together with the acquisition, construction, reconstruction and maintenance of lands and facilities for the development, improvement and use of public mass transportation systems for the transportation of passengers.
59.84(1)(em)
(em) "Partial control of access" means that the authority to control access is exercised to give preference to through traffic to a degree that, in addition to access connections with selected public roads, there may be some crossings at grade and some private driveway connections.
59.84(1)(f)
(f) "Prior expressway project expenditures" means obligations incurred and expenditures financed from funds obtained from local tax levy sources, or from the proceeds of the sale of bonds, by a municipality in the county for the acquisition and clearing of the right-of-way and construction of expressway projects which are incomplete and have not been substantially put to public use at the time the county expressway commission was created and the transfer of the function to the commission was effectuated under s.
59.965, 1977 stats., together with any funds so financed in the state treasury under control of the department of transportation to the credit of an expressway project, any funds which the municipality, subsequent to the creation of the county expressway commission under s.
59.965, 1977 stats., and prior to May 17, 1980, transmitted to the department of transportation for credit to an expressway project that is authorized by the county expressway commission and any funds which the municipality may, subsequent to May 17, 1980, transmit to the department of transportation for credit to an expressway project authorized by the board.
59.84(2)
(2) Powers and duties. The board is charged with the duty and vested with all powers necessary to plan, acquire the right-of-way for and construct an expressway system and mass transit facilities in the county and to administer each expressway and mass transit project until it is certified as completed; to coordinate planning of expressways and mass transit facilities by other public agencies to the extent required to ensure that an acceptable general plan of expressways and mass transit facilities to serve the entire county will be achieved; to determine whether full control of access or partial control of access shall be exercised; to cooperate with public and private agencies in mass transit and expressway applications; including, without limitation because of enumeration, the power to contract and the following powers and duties:
59.84(2)(a)
(a) Plans for expressways. The board shall consider and tentatively adopt a general plan of expressways to serve the entire county. The plan shall be presented to the governing body of each municipality through which a part of the expressway system is routed for its consideration and approval. The board may by formal action modify the general plan to meet objections raised by the governing body of any municipality through which a route of the expressway passes. If the approval of the governing body is not granted within 60 days from the date of submission, the board shall present the general plan to the department of transportation, which shall hold a public hearing on that part of the plan which is located in such municipality. After the hearing, the department of transportation shall make recommendations to the board with reference to the matters objected to by the municipal governing body. Thereafter the board shall incorporate the recommendations in its general plan. When the approval of the necessary local governing bodies has been obtained or the recommendation of the department of transportation has been obtained in lieu thereof, the general plan shall be finally adopted by the board. Thereafter, the board may amend the general plan as it considers proper.
59.84(2)(b)
(b) Procedure upon adoption of plan. The board shall adopt tentative expressway project budgets for the units of the comprehensive plan adopted under
par. (a) and in order of construction as the board considers proper. Each budget shall give reasonably detailed estimates of expenditures required to complete the expressway project and shall also give an estimate of the state and federal aid which will become available for the project. The board shall determine the amount of the county's share of the cost of the project and the financing thereof, either from the authorization of county expressway bonds under
s. 67.04, or by determining the amounts to be included in the budgets during the construction years, or by transfer from unappropriated surplus under
s. 59.60 (5), or by any combination of the foregoing. When the board determines that county funds for an expressway project shall be financed in whole or in part from current budgets, the county auditor shall include such amounts in the proper proposed budget under
s. 59.60 (5). The board shall adopt expressway project budgets with such changes as it considers proper. When adopted, the county contribution to the expressway project shall constitute a legal appropriation and shall be expendable to the extent that expressway bonds have been authorized or money otherwise provided. The board may amend any expressway project budget and may transfer appropriations from one expressway project to another.
59.84(2)(c)
(c)
Acceptance of gifts. The board may accept grants, conveyances and devises of land, improvements thereon and all interests whatsoever therein and bequests and donations of money to be used for expressway purposes.
59.84(2)(d)
(d)
Acquisition of lands and interests therein. 59.84(2)(d)1.1. The board may acquire in the name of the county or in the name of the state when so directed by the department of transportation, by donation, purchase, condemnation or otherwise, such lands, including any improvements on the lands, and any interests, easements, franchises, rights and privileges in or pertaining to lands, of whatever nature and by whomsoever owned, as the board considers necessary and required for expressway purposes, and to dispose of such lands. The board may use expressway lands for the location or relocation of any facility for mass transportation, including private or public utilities. The board may purchase or accept donation of remnants of tracts or parcels of land remaining at the time or after it has acquired by condemnation or after or coincident with its acquisition by purchase or donation portions of such tracts or parcels for expressway purposes where in the judgment of the board such action would assist in rendering just compensation to a landowner, a part of whose lands are required for expressway purposes, and would serve to minimize the overall cost of such necessary taking by the public. The county may dispose of such remnants. No lands or interest in lands that are acquired as provided in this paragraph shall be disposed of by the county without the consent of the board, and all money that is received for any such lands, improvements or interests in land, so disposed of, shall be credited to the land acquisition account as an abatement of expense. No lands acquired by the board, as provided in this subsection, in the name of or in trust for the state, shall be disposed of by the county without prior approval of the state, and the proceeds of the sale shall be remitted to the state or retained and used for expressway purposes when so directed by the department of transportation.
59.84(2)(d)2.
2. After the general plan of expressways has been adopted, the board may, for specific approved highway projects or otherwise, acquire lands and interests therein of the nature and in the manner specified in this paragraph for the right-of-way of the expressways in advance of the time of the adoption of an expressway project budget including the lands and interests. Such power may be exercised when in the judgment of the board the public interest will be served and economy effected by forestalling development of the lands which will entail greater acquisition costs if acquired at a later date. Upon such acquisition the board may improve, use, maintain or lease the lands until the same are required for expressway construction. It is recognized that there may necessarily be a period of time between the acquisition of needed lands for right-of-way and the commencement of actual site clearance and construction, but such fact shall not minimize the public purpose of the acquisition. The owners of the lands at the time of the acquisition shall have the first right to enter into leases thereof with the county until the lands are needed for expressway construction. Lands so leased for more than one year shall be subject to general property taxation during the term of the lease. All rentals shall be credited to the project or to the expressway land acquisition account. The board may provide out of funds acquired by bond issue or otherwise a land acquisition fund not in excess of $5,000,000 of expendable funds at any one time, to be used primarily for the acquisition of lands, improvements thereon and interests therein as specified in this subsection prior to the approval of the specific expressway project for which the lands or interests will be required. The fund shall be adjusted to reflect acquisition costs for lands and interests therein thereafter incorporated in specific approved expressway projects by transferring both the appropriations and the acquisition costs therefor to the proper expressway improvement expenditures account.
