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66.0216

66.0216 Incorporation of certain towns contiguous to 2nd class cities.

66.0216(1)

(1) Conditions. A town board may initiate the procedure for incorporating its town as a city or village under this section by adopting a resolution providing for a referendum by the electors of the town on the question of whether the town should become a city or village if on the date of the adoption of the resolution all of the following conditions are satisfied:

66.0216(1)(b)

(b) The most recent federal decennial census shows that the resident population of the town exceeds 23,000.

66.0216(1)(c)

(c) The town is contiguous to a 2nd class city with a resident population exceeding 75,000.

66.0216(1)(d)

(d) The most recent per capita equalized valuation figures available from the department of revenue show that the per capita equalized valuation for the town is equal to or greater than the average per capita equalized valuation for all cities and villages in the state.

66.0216(1)(e)

(e) The town board of the town is authorized to exercise village powers.

66.0216(1)(f)

(f) The town contains at least 2,500 acres of land that has been zoned for industrial, commercial, communication, or public utility use.

66.0216(1)(g)

(g) The town contains at least 400 acres of land actually used for industrial, commercial, communication, or public utility purposes.

66.0216(1)(h)

(h) The common council of at least one 2nd class city that is contiguous to the town has adopted a resolution approving the incorporation of the town as a city or village.

66.0216(2)

(2) Referendum resolution. The resolution of the town board required under sub. (1) shall do, or contain, all of the following:

66.0216(2)(a)

(a) Certify that all of the conditions under sub. (1) are satisfied.

66.0216(2)(b)

(b) Contain a description of the territory to be incorporated sufficiently accurate to determine its location and a statement that a scale map reasonably showing the boundaries of the territory is on file with the town clerk.

66.0216(2)(c)

(c) If incorporation as a city is proposed, specify the number of members of the common council and the method of election, and specify the numbers and boundaries of the aldermanic districts.

66.0216(2)(d)

(d) Determine the numbers and boundaries of each ward of the proposed city or village, conforming to the requirements of s. 5.15 (1) and (2).

66.0216(2)(e)

(e) Determine the date of the referendum, which may not be earlier than 6 weeks after the adoption of the resolution.

66.0216(3)

(3) Notice of referendum. The town clerk shall publish the resolution adopted under sub. (1) in a newspaper published in the town. If no newspaper is published in the town, the town clerk shall publish the resolution in a newspaper designated in the resolution. The town clerk shall publish the resolution once a week for 4 successive weeks, the first publication to be not more than 4 weeks before the referendum.

66.0216(4)

(4) Voting procedure. The referendum shall be conducted in the same manner as elections for town board supervisors. The question appearing on the ballot shall be: "Shall the town of .... become a city?" or "Shall the town of .... become a village?" Below the question shall appear 2 squares. To the left of one square shall appear the words "For a city" or "For a village," and to the left of the other square shall appear the words "Against a city" or "Against a village." The inspectors shall make a return to the town clerk.

66.0216(5)

(5) Certificate of incorporation. If a majority of the votes are cast in favor of a city or village, the town clerk shall certify that fact to the secretary of state, together with 4 copies of a description of the legal boundaries of the town, and 4 copies of a plat of the town. The town clerk shall also send the secretary of state an incorporation fee of $1,000. Upon receipt of the town clerk's certification, the incorporation fee, and other required documents, the secretary of state shall issue a certificate of incorporation and record the certificate in a book kept for that purpose. The secretary of state shall provide 2 copies of the description and plat to the department of transportation and one copy to the department of revenue. The town clerk shall also transmit a copy of the certification and the resolution under sub. (1) to the county clerk.

66.0216(6)

(6) Action. No action to contest the validity of an incorporation under this section on any grounds, whether procedural or jurisdictional, may be commenced after 60 days from the date of issuance of the certificate of incorporation by the secretary of state. In any such action, the burden of proof as to all issues is upon the person bringing the action to show that the incorporation is not valid. An action contesting an incorporation shall be given preference in the circuit court

66.0216(7)

(7) City or village powers. A city or village incorporated under this section is a body corporate and politic, with the powers and privileges of a municipal corporation at common law and conferred by ch. 61 or 62.

66.0216(8)

(8) Existing ordinances.

66.0216(8)(a)

(a) Ordinances in force in the territory or any part of the territory, to the extent not inconsistent with ch. 61 or 62, continue in force until altered or repealed.

66.0216(8)(b)

(b) A county shoreland zoning ordinance enacted under s. 59.692 that is in force in any part of the territory continues in force until altered under s. 59.692 (7) (ad).

66.0216(9)

(9) Interim officers, first city or village election. Section 66.0215 (8) and (9), as it applies to a town that is incorporated as a city under s. 66.0215, applies to a town that is incorporated as a city or village under this section.

66.0216(10)

(10) Sunset. This section does not apply after June 30, 2010.

66.0216 - ANNOT.

History: 2005 a. 25, 254; 2007 a. 96.