LRB-2730/1
MES:sac:jm
2013 - 2014 LEGISLATURE
March 21, 2014 - Introduced by Senator Vinehout, cosponsored by Representative
Jacque. Referred to Committee on Economic Development and Local
Government.
SB688,1,3
1An Act to amend 66.0223 (1); and
to create 66.0217 (14) (c), 66.0217 (14) (d),
266.0219 (10) (c), 66.0219 (10) (d) and 66.0223 (3) of the statutes;
relating to:
3limiting city and village authority to annex town territory.
Analysis by the Legislative Reference Bureau
Currently, town territory that is contiguous to any city or village may be
annexed to that city or village under several methods if, in general, some of the city's
or village's territory is in the same county as the territory to be annexed and the city
or village either agrees to make limited payments to the town based on property
taxes that the town levied on the annexed territory or the town and the city or village
enter into a boundary agreement.
Three of the methods of annexation include the following: 1) direct annexation,
under which a petition for annexation that was signed by the required number of
electors and landowners is filed with the city or village clerk; 2) annexation by
referendum, under which a petition for referendum that was signed by the required
number of electors and landowners is filed with the city or village clerk, and a
referendum is held and passes in the town; and 3) annexation by court order and
referendum, under which the governing body of a city or village adopts a resolution
declaring its intention to apply to the circuit court for an order for an annexation
referendum.
Another method of annexation is direct annexation by unanimous approval. If
a petition for direct annexation by unanimous approval signed by all of the electors
residing in the territory and the owners of all of the real property in the territory is
filed with the city or village clerk and the town clerk of all of the involved towns, along
with a scale map and legal description of the property to be annexed, the governing
body of the city or village may, generally, annex the property by a two-thirds vote of
the body. Such an annexation, however, is subject to Department of Administration
advisory review as if the annexation petition were for direct, but not unanimous,
annexation or annexation by referendum.
Generally, cities and villages may also annex territory that is owned by the city
or village and that lies near but not necessarily contiguous to the city or village by
enacting an ordinance to annex such territory.
Under this bill, a city or village may not complete an annexation under which
50 percent or more of the territory to be annexed is located 0.25 miles or more from
the city's or village's border (a noncontiguous annexation) unless the town board of
the town in which the territory to be annexed is located adopts a resolution approving
the annexation.
Also under the bill, if over a consecutive three year period a city or village
completes a number of annexations under any of the allowable methods of
annexation which, if the series of annexations were attempted as a single
annexation, would have resulted in a noncontiguous annexation, the final
annexation in the series may not occur unless the town board of the town in which
the territory to be annexed is located adopts a resolution approving the annexation.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB688,1
1Section
1. 66.0217 (14) (c) of the statutes is created to read:
SB688,2,42
66.0217
(14) (c) 1. Except as provided in subd. 2., no territory may be annexed
3by a city or village under this section if 50 percent or more of the territory to be
4annexed is located 0.25 miles or more from the city's or village's border.
SB688,2,75
2. An annexation described under subd. 1 may occur if the town board of the
6town in which the territory to be annexed is located adopts a resolution approving
7the proposed annexation.
SB688,2
8Section
2. 66.0217 (14) (d) of the statutes is created to read:
SB688,3,49
66.0217
(14) (d) 1. If over a consecutive 3-year period a city or village completes
10a number of annexations under this section, or under s. 66.0219 or s. 66.0223, such
1that an annexation described in par. (c) 1. would have occurred if those separate
2annexations had been done as a single annexation, the city or village may not annex
3territory under this section to complete the final annexation in the series, except as
4provided in subd. 2.
SB688,3,75
2. The final annexation described under subd. 1 may occur if the town board
6of the town in which the territory to be annexed is located adopts a resolution
7approving the proposed annexation.
SB688,3
8Section
3. 66.0219 (10) (c) of the statutes is created to read:
SB688,3,119
66.0219
(10) (c) 1. Except as provided in subd. 2., no territory may be annexed
10by a city or village under this section if 50 percent or more of the territory to be
11annexed is located 0.25 miles or more from the city's or village's border.
SB688,3,1412
2. An annexation described under subd. 1 may occur if the town board of the
13town in which the territory to be annexed is located adopts a resolution approving
14the proposed annexation.
SB688,4
15Section
4. 66.0219 (10) (d) of the statutes is created to read:
SB688,3,2116
66.0219
(10) (d) 1. If over a consecutive 3-year period a city or village completes
17a number of annexations under this section, or under s. 66.0217 or s. 66.0223, such
18that an annexation described in par. (c) 1. would have occurred if those separate
19annexations had been done as a single annexation, the city or village may not annex
20territory under this section to complete the final annexation in the series, except as
21provided in subd. 2.
SB688,3,2422
2. The final annexation described under subd. 1 may occur if the town board
23of the town in which the territory to be annexed is located adopts a resolution
24approving the proposed annexation.
SB688,5
25Section
5. 66.0223 (1) of the statutes is amended to read:
SB688,4,18
166.0223
(1) In addition to other methods provided by law and subject to
sub. 2subs. (2)
and (3), and ss. 59.692 (7), 66.0301 (6) (d), and 66.0307 (7), territory owned
3by and lying near but not necessarily contiguous to a village or city may be annexed
4to a village or city by ordinance enacted by the board of trustees of the village or the
5common council of the city, provided that in the case of noncontiguous territory the
6use of the territory by the city or village is not contrary to any town or county zoning
7regulation. The ordinance shall contain the exact description of the territory
8annexed and the names of the towns from which detached, and attaches the territory
9to the village or city upon the filing of 7 certified copies of the ordinance in the office
10of the secretary of state, together with 7 copies of a plat showing the boundaries of
11the territory attached. Two copies of the ordinance and plat shall be forwarded by
12the secretary of state to the department of transportation, one copy to the
13department of administration, one copy to the department of natural resources, one
14copy to the department of revenue and one copy to the department of public
15instruction. Within 10 days of filing the certified copies, a copy of the ordinance and
16plat shall be mailed or delivered to the clerk of the county in which the annexed
17territory is located. Sections 66.0203 (8) (c) and 66.0217 (11) apply to annexations
18under this section.
SB688,6
19Section
6. 66.0223 (3) of the statutes is created to read:
SB688,4,2220
66.0223
(3) (a) Except as provided in par. (b), no territory may be annexed by
21a city or village under this section if 50 percent or more of the territory to be annexed
22is located 0.25 miles or more from the city's or village's border.
SB688,4,2523
(b) An annexation described under par. (a) may occur if the town board of the
24town in which the territory to be annexed is located adopts a resolution approving
25the proposed annexation.
SB688,5,6
1(c) If over a consecutive 3-year period a city or village completes a number of
2annexations under this section, or under s. 66.0217 or s. 66.0219, such that an
3annexation described in par. (a) would have occurred if those separate annexations
4had been done as a single annexation, the city or village may not annex territory
5under this section to complete the final annexation in the series, except as provided
6in par. (d).
SB688,5,97
(d) The final annexation described under par. (c) may occur if the town board
8of the town in which the territory to be annexed is located adopts a resolution
9approving the proposed annexation.
SB688,7
10Section
7.
Initial applicability.
SB688,5,1211
(1) This act first applies to any annexation that commences on the effective date
12of this subsection.
