(1) CONDITIONS. A town board may initiate the procedure for incorporating its town as a 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 village if on the date of the adoption of the resolution any of the following is satisfied: (a) All of the following conditions apply: 1. The most recent federal decennial census shows that the resident population of the town exceeds 6,300. 2. The town is contiguous to a 3rd class city. 3. The most recent data available from the department of revenue show that the equalized value for the town exceeds $600,000,000. 4. In one of the 5 years before the year in which the town board adopts the resolution, the town’s equalized value increased more than 7 percent, compared to the town’s equalized value for the prior year. 5. The town board of the town is authorized to exercise village powers. 6. The town has entered into, and is bound by, at least 2 separate cooperative boundary agreements under s. 66.0307 with at least 2 municipalities. 7. The town has created at least one tax incremental financing district as authorized under s. 60.23 (32). 8. The town has established at least one town sanitary district under subch. IX of ch. 60. (b) All of the following conditions apply: 1. The most recent federal decennial census shows that the resident population of the town exceeds 2,300. 2. The most recent data available from the department of revenue show that the equalized value for the town exceeds $190,000,000. 3. The area of the town exceeds 40 square miles. 4. The town is contiguous to a village to which all of the following conditions apply: a. The most recent federal decennial census shows that the resident population of the village is less than 300. b. The area of the village is less than 2 square miles. c. The aggregate net tax rate of the village, as determined by the department of revenue under s. 70.114 (3), is greater than 36 mills. 5. The village under subd. 4. and the town are located in a county for which the most recent federal decennial census shows that the resident population is less than 150,000. (2) REFERENDUM RESOLUTION. The resolution of the town board required under sub. (1) shall do all of the following: (a) Certify that the requirements under sub. (1) are satisfied. (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. (c) Determine the numbers and boundaries of each ward of the proposed village, conforming to the requirements of s. 5.15 (1) and (2). (d) Determine the date of the referendum, which may not be earlier than 6 weeks after the adoption of the resolution. (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. (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 village?” Below the question shall appear 2 squares. To the left of one square shall appear the words “For a village,” and to the left of the other square shall appear the words “Against a village.” The inspectors shall make a return to the town clerk. (5) CERTIFICATE OF INCORPORATION. If a majority of the votes are cast in favor of a village, the town clerk shall certify that fact to the secretary, 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 an incorporation fee of $1,000. Upon receipt of the town clerk’s certification, the incorporation fee, and other required documents, the secretary shall issue a certificate of incorporation and record the certificate in a book kept for that purpose. The secretary 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. (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. 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. (7) VILLAGE POWERS. A 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. (8) EXISTING ORDINANCES. Ordinances in force in the territory or any part of the territory, to the extent not inconsistent with this section or ch. 61, continue in force until altered or repealed. (9) EXISTING INTERGOVERNMENTAL AND COOPERATIVE BOUNDARY AGREEMENTS. Intergovernmental cooperation agreements entered into under s. 66.0301 and cooperative boundary agreements approved under s. 66.0307, to which a town incorporating under this section is a party, that are still in effect on the effective date of the incorporation, shall continue in force until altered or repealed, to the extent allowed under the agreements. When incorporated under this section, a village shall be considered the town’s successor with respect to such agreements. (10) INTERIM OFFICERS, FIRST 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 village under this section. (11) SUNSET. This section does not apply after June 30, 2020.
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