Wisconsin Code § 66.0213

Powers of new village or city: elections; adjustment of taxes; reorganization as village
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(1) VILLAGE OR CITY POWERS. A village or city incorporated under ss.
66.0201 to 66.0213 is a body corporate and politic, with powers
and privileges of a municipal corporation at common law and
conferred by these statutes.
(2) EXISTING ORDINANCES. Ordinances in force in the territory incorporated or any part of the territory, to the extent not inconsistent with chs. 61 and 62, continue in force until altered or
repealed.
(3) INTERIM OFFICERS. All officers of the village or town embracing the territory that is incorporated as a village or city continue in their powers and duties until the first meeting of the
board of trustees or common council at which a quorum is
present. Until a village or city clerk is chosen and qualified all
oaths of office and other papers shall be filed with the circuit
court with which the petition was filed. The court shall deliver
the oaths and other papers with the petition to the village or city
clerk when that clerk qualifies.
(4) FIRST VILLAGE OR CITY ELECTION. (a) Within 10 days after incorporation of the village or city, the county clerk of the
county in which the petition was filed shall fix a time for the first
election, and where appropriate designate the polling place or
places, and name 3 inspectors of election for each place. The
time for the election shall be fixed no less than 40 nor more than
50 days after the date of the certificate of incorporation issued by
the secretary of administration, irrespective of any other provi-

sion in the statutes. Nomination papers shall conform to ch. 8 to
the extent applicable. Nomination papers shall be signed by not
less than 5 percent nor more than 10 percent of the total votes cast
at the referendum election, and be filed no later than 15 days before the time fixed for the election. Ten days’ previous notice of
the election shall be given by the county clerk by publication in
the newspapers selected under s. 66.0211 (2) and by posting notices in 3 public places in the village or city, but failure to give notice does not invalidate the election.
(b) The election shall be conducted as prescribed by ch. 6.
The inspectors shall make returns to the county clerk who shall,
within 14 days after the election, canvass the returns and declare
the result. The clerk shall notify the officers-elect and issue certificates of election. If the first election is on the first Tuesday in
April the officers elected and their appointees shall commence
and hold their offices as for a regular term. Otherwise they shall
commence within 14 days and hold their offices until the regular
village or city election and the qualification of their successors
and the terms of their appointees expire as soon as successors
qualify.
(5) TAXES LEVIED BEFORE INCORPORATION; HOW COLLECTED
AND DIVIDED. If a village or city is incorporated after the assessment of taxes in any year and before the collection of the taxes,
the tax assessed shall be collected by the town treasurer of the
town or the town treasurers of the different towns of which the
village or city formerly constituted a part, and all moneys collected from the tax levied for town purposes shall be divided between the village or city and the town or the towns, as provided
by s. 66.0235 (13) (a) 1. , for the division of property owned
jointly by towns and villages.
(6) REORGANIZATION OF CITY AS VILLAGE. If the population
of any city falls below 1,000 as determined by the United States
census, the council may upon filing of a petition conforming to
the requirements of s. 8.40 containing the signatures of at least 15
percent of the electors submit at any general or city election the
question whether the city shall reorganize as a village. If threefifths of the votes cast on the question are for reorganization the
mayor and council shall record the return in the office of the register of deeds, file a certified copy with the clerk of the circuit
court, and immediately call an election, to be conducted as are
village elections, for the election of village officers. Upon the
qualification of the officers, the board of trustees shall declare the
city reorganized as a village, and the reorganization is effective.
The clerk shall certify a copy of the declaration to the secretary of
administration who shall file the declaration and endorse a memorandum of the declaration on the record of the certificate of incorporation of the city. Rights and liabilities of the city continue
in favor of or against the village. Ordinances, so far as within the
power of the village, remain in force until changed.

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