Dated this ______ day of ________, 20__.
[Signatures of town board]
STATE OF WISCONSIN
Town of ________
________ County
Whereas, the overall development of the Town of ________, ________ County, Wisconsin, hereinafter referred to as the “Town,” is recognized as a major need of the Town; and
Whereas, the Town desires to create Tax Incremental District No. ___, Town of ________, ________ County, Wisconsin, hereinafter referred to as the “District,” in accordance with the provisions of
s. 60.85, Wis. stats., the Tax Increment Law, in order to provide a viable method of financing the costs of needed public improvements within the District and thereby create incentives and opportunities for appropriate private development that will contribute to the overall development of the Town; and
Whereas, in accordance with the procedures specified in
s. 60.85, Wis. stats., the Town Planning Commission, on ________ ___, 20__, held a public hearing concerning the proposed creation and boundaries of the District and proposed Project Plan for the district, as defined in
s. 60.85 (1) (i), Wis. stats., during which interested parties were afforded a reasonable opportunity to express their views; and
Whereas, prior to its publication, a copy of the notice of said hearing was sent to the chief executive officer of __________ County, the __________ School District, and the __________ Technical College District, and the other entities having the power to levy taxes on property located within the proposed District, in accordance with the procedures specified in
s. 60.85, Wis. stats.; and
Whereas, after said public hearing, the Town Planning Commission designated the boundaries of the proposed District and recommended to the Town Board that it create the District within the area enclosed by those boundaries, as specified in the boundary description or map attached to this Resolution as Exhibit A, and entitled “Boundary Description or Map of Tax Incremental District No. ___, Town of ________, ________ County, Wisconsin;” and [attach appropriate map clearly marked “Exhibit A” and titled “Boundary Description or Map of Tax Incremental District No. ___, Town of ________, ________ County, Wisconsin”]
Whereas, the Town Planning Commission has prepared and adopted a Project Plan for Tax Incremental District No. _____, as required under
s. 60.85, Wis. stats., that includes all of the following:
1. A statement listing the kind, number, and location of all proposed public works or improvements within the District, or to the extent provided in the Tax Increment Law outside of the District;
2. An economic feasibility study;
3. A detailed list of estimated project costs;
4. A description of the methods of financing all estimated project costs and the time when those costs or monetary obligations related to those costs are to be incurred;
5. A map showing existing uses and conditions of real property in the District;
6. A map showing proposed improvements and uses in the District;
7. Proposed changes of zoning ordinances, master plan, map, building codes, and Town ordinances;
8. A list of estimated non-project costs;
9. A statement of the proposed method for the relocation of any persons to be displaced;
10.
A statement that the District meets the requirements of the equalized value test under
s. 60.85 (3) (h) 5. d., Wis. stats.;
11. A statement indicating how creation of the District promotes orderly development of the Town;
12. An opinion of the Town Attorney or of an attorney retained by the Town advising that the plan is complete and complies with Tax Increment Law; and
Whereas, the Town Planning Commission has submitted the above-described Project Plan to the Town Board recommending its approval;
The Town Board of the Town of ________, ________ County, Wisconsin, by this resolution, adopted by a majority of the town board on a roll call vote with a quorum present and voting and proper notice having been given, resolves and orders as follows:
A. Pursuant to the Tax Increment Law, there is created in the Town, as of _______ ___, 20__, a Tax Incremental District to be known as “Tax Incremental District No. ___, Town of ________, ________ County, Wisconsin,” the boundaries of which shall be those recommended to the Town Board by the Town Planning Commission, as specified in the attached Exhibit A.
B. The Town Board finds and declares that:
1.
At least 75%, by area, of the real property within the District is to be used for projects of a single type that are of one the project types listed under
s. 60.85 (2) (b) 1. to
4., Wis. stats., and in accordance with
s. 60.85 (3) (h) 4., Wis. stats., the District is declared to be [an agricultural project district or a forestry project district or a manufacturing project district or a tourism project district], being [agricultural or forestry or manufacturing or tourism] activities classified in the North American Industry Classification System, 1997 edition, published by the U.S. office of management and budget, under the following industry number: __________ [see
s. 60.85 (1) (a),
(c),
(e), and
(p), Wis. stats.] based on the identification and classification of the property included within the District within the meaning of
s. 60.85, Wis. stats.; and
2. The improvement of the area is likely to enhance significantly the value of substantially all of the other real property in the District; and
3.
The project costs of the District are limited to those specified under
s. 60.85 (2) (b), Wis. stats., and relate directly to promoting [agriculture or tourism
or forestry or manufacturing]; and
4. [select as appropriate The equalized value of the taxable property in the District, plus all existing tax incremental districts, does not exceed 7% of the total equalized value of taxable property within the Town or The equalized value of taxable property of the District, plus the value increment of all existing tax incremental districts within the Town does not exceed 5% of the total equalized value of taxable property within the Town]; and
5.
[select as appropriate The District is not within an extraterritorial zoning district, but instead is within the following county or Town zoning district: [cite] and Town or county comprehensive plan, and that the authorized uses in the applicable zoning district that are consistent and compatible with the project proposed for the District; and or The District is within the extraterritorial zoning district of the [City or Village] of _______, which has adopted a resolution, a copy of which is attached as Exhibit C, that approves the Town of ________ exercise of power under
s. 60.85, Wis. stats. (attach copy of adjacent municipality's resolution clearly marked “Exhibit C”); and
6. The Town Industrial Development Agency, by this Resolution, is being designated as agent of the Town of __________, to perform all acts; and
7. Any real property within the District that is intended to be used for a manufacturing project is zoned for industrial use and will remain industrial use for the life of the District.
It is further resolved and ordered that the Town Board approves the Project Plan adopted by the Town Planning Commission, attached as Exhibit B, and finds that: [attach the Project Plan clearly marked “Project Plan for Tax Incremental District No. _____, Town of ________, ________ County, Wisconsin, Exhibit B”]
A. The Project Plan for the District in the Town is feasible, and
B. The Project Plan for the District in the Town is in conformity with the Master Plan of the Town or the Town Comprehensive Plan.
The Town Clerk is authorized and directed to apply to the Wisconsin Department of Revenue, in such form as may be prescribed, for a “Determination of Tax Incremental Base,” as of _______ ___, 20__, pursuant to the provisions of
s. 60.85, Wis. stats.
The Town Assessor is authorized and directed to identify upon the assessment roll returned and examined under
s. 60.85, Wis. stats., those parcels of property that are within the District, specifying on the assessment roll the name of the District, and the Town Clerk is authorized and directed to make similar notations on the tax roll pursuant to the provisions of
s. 60.85, Wis. stats.
Adopted this ______ day of ________, 20__.
[Signatures of town board]
Attest: [Signature of town clerk]
Note: The Department of Revenue has produced informational publications and printable fill-in forms regarding the town tax increment law. Electronic copies may be downloaded from the Department of Revenue website at:
(ONLY for use by towns authorized to exercise VILLAGE POWERS under
s. 60.22, Wis. stats.)
STATE OF WISCONSIN
Town of ________
________ County
The Town Board of the Town of ________, ________ County, Wisconsin, by this resolution, adopted by a majority of the town board on a roll call vote with a quorum present and voting and proper notice having been given, resolves and orders as follows:
To conserve and promote the public health, safety, convenience, or general welfare, pursuant to
ss. 61.35 and
62.23 (6), Wis. stats., the town establishes an official map of the town, labeled as the Official Map of the Town of ________ and dated of even date with this resolution, which shows all of the following:
1. Highways, historic districts, parkways, parks, and playgrounds laid out, adopted, and established by law.
2. (Optional) The location of railroad rights-of-way, waterways, and public transit facilities.
3. (Optional) Waterways included in the comprehensive surface water drainage plan.
The town clerk shall keep the official map at the town hall as an official record of the town.
The town clerk shall at once record with the register of deeds of ________ County [the county or counties in which the town is situated] a certificate showing that the Town has established an official map.
The town clerk shall properly post or publish this resolution as required under
s. 60.80, Wis. stats.
Adopted this ______ day of ________, 20__.
[Signatures of town board]
Attest: [Signature of town clerk]
(ONLY for use by towns authorized to exercise VILLAGE POWERS under
s. 60.22, Wis. stats.)
STATE OF WISCONSIN
Town of ________
________ County
I, ________ ________, clerk of the Town of ________, ________ County, Wisconsin, certify that at the regular meeting of the Town Board of the Town of ________, held on ________ ___, 20__, the town board, by resolution adopted on proper notice with a quorum and by a roll call vote of a majority of the town board present and voting, established an official town map for the Town of ________, which is on file at the Town Hall for the town.
Dated this ______ day of ________, 20__.
[Signature and seal of town clerk]
STATE OF WISCONSIN
Town of ________
________ County
Whereas, [a code of general ordinances or a partial code of ordinances] entitled, [“Town of ________ Code of Ordinances” or “Town of ________ Code of Ordinances Relating to ________ (list chapters and titles, for example: Chapter
1. Mobile Home Regulations; Chapter
2. Driveways; Chapter
3. Nuisances, etc., for a partial code)”], has been prepared and authorized by the town board;
*
The Town Board of the Town of ________, by this resolution, adopted by a majority of the town board on a roll call vote with a quorum present and voting and proper notice having been given, resolves and orders that this code be presented for adoption by the town board at the next regular board meeting on ________ ___, 20__; and that the town clerk, in accordance with the requirements of
s. 66.0103, Wis. stats., shall file a copy of the proposed Code of Ordinances in his or her office for public inspection commencing ________ ___, 20__, and cause a copy of the following notice to be published in the next issue of [name of newspaper] not less than two weeks before the board considers adoption of the code.
Adopted this ______ day of ________, 20 __, by the Town Board of the Town of ________, ________ County, Wisconsin.
Notice**
PLEASE TAKE NOTICE that the town board of the Town of ________ will consider the adoption of a [code or partial code] of ordinances entitled, [“Town of ________ Code of Ordinances” or “Town of ________ Code of Ordinances Relating to ________”] at ________ __.m. on ________ ___, 20__, at the town hall. This code deals with the following topics: [list chapter(s) and title(s)].
You are further notified that a copy of the proposed new [code or partial code] will be on file and open for public inspection in the office of the town clerk for a period of two weeks commencing ________ ___, 20__, in accordance with
s. 66.0103, Wis. stats.
The town clerk shall properly post or publish this resolution as required under
s. 60.80, Wis. stats.
Dated this ______ day of ________, 20__.
[Signatures of town board]
Attest: [Signature of town clerk]
Note: The notice should be published once in the newspaper not less than two weeks before the board will consider adopting the code.
Note: In some cases,
s. 60.80 (5), Wis. stats., which allows publication of a notice of the adoption of an ordinance rather than publication of the ordinance, may be an alternative to adopting a partial code of ordinances.
STATE OF WISCONSIN
Town of ________
________ County
SECTION I - PURPOSE
The purpose of this ordinance is to enact the [“Town of ________ Code of Ordinances” or “Town of ________ Code of Ordinances Relating to ________ (list chapters and titles, for example: Chapter
1. Mobile Home Regulations; Chapter
2. Driveways; Chapter
3. Nuisances, etc., for a partial code)”], that has been prepared and authorized by the town board.
*
SECTION II - AUTHORITY
The Town Board of the Town of ________, ________ County, Wisconsin, has the specific authority under
s. 66.0103, Wis. stats., to prepare and enact a [code
or partial code] of [some or all] of its general ordinances by enacting an ordinance that incorporates the code by reference.
SECTION III - ADOPTION OF ORDINANCE
This ordinance, adopted by a majority of the town board on a roll call vote with a quorum present and voting and proper notice having been given, provides the authority for the town to prepare and enact a [code or partial code] of [some or all] of its general ordinances by enacting an ordinance that incorporates the code by reference.
SECTION IV - ENACTMENT AND INCORPORATION OF CODE OF ORDINANCES
The [code or partial code] of ordinances in book form entitled, [“Town of ________Code of Ordinances”
or “Town of ________ Code of Ordinances Relating to ________ (list chapters and titles)”], having been placed on file and open to public inspection in the office of the town clerk for a period of 2 weeks commencing ________ ___, 20__, pursuant to
s. 66.0103, Wis. stats., is adopted as [the general or a partial] code of ordinances in and for the Town of ________, ________County, Wisconsin. The [code or partial code] is incorporated in this ordinance by reference.
SECTION V - EFFECTIVE DATE
This ordinance is effective on publication or posting.
