City of Hudson, WI Annexations

The purpose of this chapter is to create a policy to assist the Common Council in deciding whether to annex territory not presently within the city. The provisions of this chapter are guidelines, and each annexation proposal will present unique characteristics, so that the guidelines set forth in this chapter are to be considered but need not all be met for an annexation to be approved.

§ 9-3 Factors to be considered.

The following factors will be considered in determining whether to approve an annexation of territory to the city:

Location. Is the territory to be annexed fully contiguous to the city?

Use. Is the present use or proposed use of the area proposed to be annexed compatible with the uses in the city adjacent to the territory proposed to be annexed?

Capital costs. The costs of providing capital improvements, as considered in the capital cost study described in § 9-4 of this chapter, shall be considered. Ordinarily an annexation will not be approved unless the owners of the property proposed to be annexed agree to pay the capital costs as shown by the capital cost study.

Annual budget costs. The effect of the annexation on the annual budget of the city, including not only additional costs to serve the territory but also new revenues from real estate taxes, anticipated business license fees, sales taxes and other revenues from the area, shall be considered, all as to be shown on the budget study provided in § 9-5 of this chapter.

§ 9-4 Capital cost study.

The cost of capital improvements to serve the area, including deferred special assessments for oversizing, shall be established by the appropriate city staff. Capital costs shall include but not be limited to water mains, sanitary sewer mains, storm drainage facilities, new streets and any other capital costs related to serving the area. Costs of streets, sewers, water mains and stormwater projects to be constructed in the area proposed to be annexed may be dealt with separately, if these will be constructed by the subdivider or developer developing the property.

The owners of property proposed to be annexed will be notified of the capital costs relating to the proposed annexation. The owners will be informed that it is the policy of the city to have a binding commitment from the owners to pay the capital costs, or the owners' proportionate share of the capital costs, for the property to be annexed. In the absence of strong circumstances to indicate a contrary decision, territory will not ordinarily be annexed to the city unless the owners of the land to be annexed agree to pay their proportionate share of the capital costs, as prescribed by the Common Council policy on assessments.

All cost to complete the capital cost study shall be borne by the property owners petitioning to be annexed.

§ 9-5 Budget study.

The appropriate city staff shall cause a budget study to be made, showing not only the estimated annual costs of providing municipal services to the territory proposed to be annexed but also the estimated revenues to the city from the territory proposed to be annexed, including real estate taxes, business license fees, personal property taxes and any other municipal revenue anticipated to be received from the territory proposed to be annexed, including a statement as to the fiscal impact of increased population under the state shared-revenue formulas. The territory may be annexed whether the costs exceed the estimated revenues or whether the estimated revenues exceed the estimated costs, but the Common Council will consider the impact of the proposed annexation upon the city budget.

§ 9-6 Effect on Master Plan.

The policies set forth in this chapter shall be a part of the City of Hudson Master Plan and shall be applicable to all subsequent amendments.

§ 9-7 Application; fee and deposit.

[Added by Ord. No. 20-89; amended 10-16-2006 by Ord. No. 15-06]

An application for annexation of property to the City of Hudson shall be submitted to the City Clerk’s office with a fee of $1,000 to be considered for annexation. In addition, the City shall require the applicant to maintain a letter of credit or cash deposit with the City in the minimum of $5,000 to reimburse the City for all costs it incurs in reviewing the annexation petition, including, but not limited to, engineering, legal, and staff time. The City may require more to be kept on deposit if City staff reasonably determines that the review costs will exceed $5,000. The applicant is responsible to pay these review costs whether or not the annexation application is approved. The annexation application will not be processed without submission of the required fee and deposit. No action shall be taken on the annexation application if there is not sufficient amount on deposit with the City to pay all review costs. Any amount on deposit in excess of the costs the City incurs relating to the annexation shall be refunded to the applicant.

§ 9-8 Payment of real estate tax to Town.

[Added 3-7-2005 by Ord. No. 8-05]

In addition to other costs a landowner shall be required to pay as a condition of annexation, the City of Hudson shall require landowners petitioning for annexation to pay the amount of town tax required in Wis. Stat. § 66.0217. The City shall require the landowner(s) to pay the full five-year amount of the tax in one lump sum prior to approval of the annexation ordinance. The requirement to pay said amount may also be included in the development or annexation agreement entered into between the property owner and the City as a condition of annexation. If, at the time of annexation, the tax roll is not final for the year of the annexation, the City shall estimate the amount due. If the estimated amount is different from the final amount, an adjustment shall be made with either the landowner paying the difference to the City, or the City refunding the difference to the landowner(s).