Fiscal Note
The proposed resolution authorizes the City to enter into a Cooperative Plan with Town of Westport, City of Middleton, Village of DeForest, and Village of Waunakee. If the Cooperative Plan is approved and goes into effect with the incorporation of the Town of Westport, it will result in the addition of roughly 283 acres of land to Madison. However, the property that will be added to Madison is either owned by the City of Madison or the State of Wisconsin, and thus will not generate any additional property tax revenue. In addition, there should be minimal impact upon City operations by the addition of these undeveloped lands to the City. No additional City appropriation required.
Title
Authorizing the City to Enter into a Cooperative Plan Between the Town of Westport, the Cities of Madison and Middleton, and the Villages of Deforest and Waunakee.
Body
WHEREAS, on October 4, 2024, the Town of Westport filed a petition for incorporation expressing its intent to incorporate as the Village of Westport under Wis. Stat. §66.0203 as soon as permitted to do so. The City of Madison, along with the City of Middleton, the Village of DeForest and the Village of Waunakee were all added as parties to the incorporation action; and,
WHEREAS, following a hearing on December 4, 2024, the Circuit Court found that Westport’s incorporation petition was in proper form and ordered that the petition be referred to the incorporation review board for further proceedings consistent with State statute; and,
WHEREAS, since the Court’s order, staff and officials from the Town of Westport, the Villages of DeForest and Waunakee, the Cities of Middleton and Madison (the “Parties”) have engaged in discussions related to the Westport incorporation petition, which petition raises numerous intergovernmental issues by and between the Parties; and,
WHEREAS, as part of the discussions, the Parties discussed the possibility of preparing a Cooperative Plan pursuant to Wis. Stat. § 66.0307 to address many of the issues that have been raised in the process, including boundary related issues by and between the Parties; and,
WHEREAS, on December 9, 2025, pursuant to Wis. Stat. § 66.0307(4)(a), the Common Council, by RES-25-00673 (File No. 90702), authorized the City to participate in the preparation of a cooperative plan with the Parties. Similar authorizations were also adopted by the other Parties; and,
WHEREAS, following discussions, and a joint public hearing conducted on February 11, 2026 as required under Wis. Stat. § 66.0307(4)(c), and the consideration of comments made on the proposed plan, the Parties have agreed to terms on a final version of a Cooperative Plan between themselves pertaining to the Town of Westport area; and,
WHEREAS, while the City of Madison does not have a lot at stake in Westport’s incorporation petition due to the topographical constraints in its boundary area with the Town (notably, the Yahara River and the Cherokee Marsh), it is in the City’s interest to enter into a cooperative plan with the other Parties to further the City’s interests of intergovernmental and regional cooperation. The Plan will be contingent upon the incorporation of the Village, and if that occurs it will see approximately 283 acres of territory attached to Madison, all of which is either City owned or State of Wisconsin owned lands making up the Cherokee Marsh area. This will finalize the City’s northern boundary with Westport in a manner consistent with the City’s long-term plans. It will also eliminate and prevent the creation of any Westport islands within the City.
NOW THEREFORE, BE IT HEREBY RESOLVED, that the Mayor and City Clerk are authorized to execute the Cooperative Plan Between the Town of Westport, the Cities of Madison and Middleton, and the Villages of Deforest and Waunakee as prepared under Wis. Stat. § 66.0307, the final version of which is attached hereto and incorporated by reference.
BE IT FURTHER RESOLVED that the Mayor and City Clerk are hereby authorized to execute any related documents in a form approved by the City Attorney; that the City Attorney is hereby directed to work with the other Parties to submit the said Cooperative Plan, together with all written comments and other supporting documents, to the State of Wisconsin Department of Administration for approval in accordance with Wis. Stat. § 66.0307; and the City Attorney and other necessary City staff shall cooperate with the other Parties and the Department, and shall participate in all Department proceedings regarding the said Cooperative Plan.