66.0301 Intergovernmental cooperation.

854 words·~4 min read·/wi/chapter-66/66-0301-3

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Except as provided in pars.

(b)and

(c), in this section “municipality” means the state or any department or agency thereof, or any city, village, town, county, or school district, the opportunity schools and partnership programs under subch. IX of ch. 115 and subch. II of ch. 119 , the superintendent of schools opportunity schools and partnership program under s. 119.33 , or any public library system, public inland lake protection and rehabilitation district, sanitary district, farm drainage district, metropolitan sewerage district, sewer utility district, solid waste management system created under s. 59.70

(2), local exposition district created under subch. II of ch. 229 , local professional baseball park district created under subch. III of ch. 229 , local professional football stadium district created under subch. IV of ch. 229 , local cultural arts district created under subch. V of ch. 229 , long-term care district under s. 46.2895 , water utility district, mosquito control district, municipal electric company, county or city transit commission, commission created by contract under this section, taxation district, regional planning commission, housing authority created under s. 66.1201 , redevelopment authority created under s. 66.1333 , community development authority created under s. 66.1335 , or city-county health department.

(b)If the purpose of the intergovernmental cooperation is the establishment of a joint transit commission, “municipality” means any city, village, town or county.

(c)For purposes of sub.

(6), “municipality” means any city, village, or town.

(2)Subject to s. 59.794

(2), and in addition to the provisions of any other statutes specifically authorizing cooperation between municipalities, unless those statutes specifically exclude action under this section, any municipality may contract with other municipalities and with federally recognized Indian tribes and bands in this state, for the receipt or furnishing of services or the joint exercise of any power or duty required or authorized by law. If municipal or tribal parties to a contract have varying powers or duties under the law, each may act under the contract to the extent of its lawful powers and duties. A contract under this subsection may bind the contracting parties for the length of time specified in the contract. This section shall be interpreted liberally in favor of cooperative action between municipalities and between municipalities and Indian tribes and bands in this state. If a municipality is required to establish or maintain an agency, department, commission, or any other office or position to carry out a municipal responsibility, and the municipality joins with another municipality by entering into an intergovernmental cooperation contract under this subsection to jointly carry out the responsibility, the jointly established or maintained agency, department, commission, or any other office or position to which the contract applies fulfills, subject to sub.

(7), the municipality’s obligation to establish or maintain such entities or positions until the contract entered into under this subsection expires or is terminated by the parties. In addition, if 2 or more municipalities enter into an intergovernmental cooperation contract and create a commission under this section to jointly or regionally administer a function or project, the commission shall be considered, subject to sub.

(7), to be a single entity that represents, and may act on behalf of, the joint interests of the signatories to the contract entered into under this section.

(3)Any contract under sub.

(2)may provide a plan for administration of the function or project, which may include but is not limited to provisions as to proration of the expenses involved, deposit and disbursement of funds appropriated, submission and approval of budgets, creation of a commission, selection and removal of commissioners, and formation and letting of contracts.

(4)A commission created by contract under sub.

(2)may finance the acquisition, development, remodeling, construction and equipment of land, buildings and facilities for regional projects under s. 66.0621 . Participating municipalities acting jointly or separately may finance the projects, or an agreed share of the cost of the projects, under ch. 67 .

(5)No commission created by contract under sub.

(2)may, directly or indirectly, do any of the following:

(a)Acquire, construct or lease facilities used or useful in the business of a public utility engaged in production, transmission, delivery or furnishing of heat, light, power, natural gas or communications service, by any method except those set forth under this chapter or ch. 196 , 197 or 198 .

(b)Establish, lay out, construct, improve, discontinue, relocate, widen or maintain any road or highway outside the corporate limits of a village or city or acquire lands for those purposes except upon approval of the department of transportation and the county board of the county and the town board of the town in which the road is to be located.

(a)Any 2 municipalities whose boundaries are immediately adjacent at any point may enter into a written agreement determining all or a portion of the common boundary line between the municipalities. An agreement under this subsection may include only the provisions authorized under this section and s. 66.0305 , and one or more of the following: