STATE OF WISCONSIN
Town of ________
________ County
The Town Board of the Town of ________, ________ County, Wisconsin, by this resolution, adopted by a majority of the town board on a roll call vote with a quorum present and voting and proper notice having been given, resolves and orders as follows:
A privilege is authorized to ________ ________, as applicant, to place the following obstruction or excavation within a Town of ________ highway at the following location: [name highway, describe location on the highway, and describe type of obstruction or excavation and its proposed use].
The privilege granted to ________ ________, as applicant, to place the above-described obstruction or excavation within a town highway is subject to all of the following conditions:
A. The applicant assumes primary liability for damages to persons or property by reason of the granting of the privilege.
B. The applicant is obligated to remove the obstruction or excavation upon 10 days' written notice by the town board or its agents.
C. The applicant waives the right to contest in any manner the privilege or its revocation, or the amount of compensation charged the applicant by the town.
D. The applicant is required to file with the town board a bond that does not exceed $10,000 that reverts to the town and to any third parties that may be required to secure the performance of the conditions specified.
E. The applicant is required to pay compensation into the general fund of the town in the amount of $________.
F. The applicant is not entitled to any damages from the town, its officers, officials, agents, or employees for removal of the obstruction or excavation, and if the applicant, as holder of the privilege, does not remove the obstruction or excavation upon notice by the town, it shall be removed by the town at the expense of the applicant.
The town clerk shall properly post or publish this resolution as required under
s. 60.80, Wis. stats.
Adopted this ______ day of ________, 20__.
[Signatures of town board]
Attest: [Signature of town clerk]
Note:
Sections 86.07 and
86.16, Wis. stats., authorize towns to authorize and regulate liquid manure pipelines in and across highway rights-of-way. The Wisconsin Towns Association has developed a sample ordinance and a sample permit form for the regulation and permitting of pipes and pipelines that transmit liquid manure within or across the right-of-way of a highway. Electronic copies of the sample ordinance and sample permit may be found in the Ordinances and Resolutions section of the Information Library of the Towns Association website at:
If an ordinance specifically regulating liquid manure pipes and pipelines is adopted, those pipes and pipelines would be permitted under the pipe and pipeline ordinance rather than as a privilege in a highway as set forth in the above ordinance.
If the town has adopted a Road Use and Motor Vehicle Control Ordinance using the following form, consider adding to the ordinance the optional Section VI, Subsection N, contained in that form:
