CHAPTER22

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					                            CHAPTER 22

                  ORDINANCE TO ENACT
          WINNEBAGO COUNTY COMPREHENSIVE PLAN

22.01   Definitions

22.02   Authority

22.03   Applicability

22.04   Interpretation in Relationship to Other laws

22.05   Severability and Nonliability

22.06   Plan-Ordinance Consistency

22.07   Amendments, Revisions, Updates to County Plan

22.08   Fees

22.09   Inclusion and Adherence to City and Village Plans

22.10   Implementation Actions

22.11   Written Procedures for Public Participation

22.12   Committee Action

22.13   Public Hearings

22.14   County Board Adoption

22.15   Violations and Penalties

22.16   Effective Date of Ordinance




                                                            Adopted 3/21/06
                                                            Updated 8/19/08


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                                          CHAPTER 22

                       WINNEBAGO COUNTY COMPREHENSIVE PLAN

The provisions of this ordinance are enacted pursuant to s. 66.1001(4)(c) & (d), Wis. Stats. The
following provisions shall apply:

22.01 Definitions:
    (1) Pursuant to s. 66.1001(1)(a), Wis. Stats., Comprehensive Plan means:
          (a)        For a County, a development plan that is prepared or amended under
                     s. 59.69(2) or (3).
          (b)        For a city or a village, or for a town that exercises village powers under
                     s. 60.22(3), a master plan that is adopted or amended under s. 62.23(2) or
                     (3).
   (2) For the purposes of this ordinance, “Winnebago County Comprehensive Plan” shall
            also be referred to as “WCCP”, “plan”, or “county development plan”.
   (3) For the purposes of this ordinance, “local” shall mean town, city or village.
   (4) For the purposes of this ordinance, “Committee” shall mean the “Winnebago County
       Planning and Zoning Committee”.

22.02 Authority: Pursuant to sections 59.69(2) & (3) and s. 66.1001, Wis. Stats, Winnebago
County is authorized and mandated to prepare and adopt a comprehensive plan which allows the
county to engage in the following actions and procedures as enumerated in s. 66.1001(3), Wis.
Stats., including but not limited to: local subdivision regulation under s. 236.45 or 236.46, Wis.
Stats; County zoning ordinance enacted or amended under s. 59.69, Wis. Stats.; zoning of
shorelands or wetlands in shorelands under s. 59.692, Wis. Stats.; and town zoning ordinances
that are approved by the County Board and enacted and amended under s. 60.61 or 60.62, Wis.
Stats.

22.03 Applicability: Pursuant to s. 59.69(3)(a), Wis. Stats., this ordinance shall be applicable to
all lands within Winnebago County which are in unincorporated areas and in those areas within
incorporated areas whose governing bodies by resolution agree to having their areas included in
the county development plan.

22.04 Interpretation in Relationship to Other Laws: This ordinance shall apply and take
precedence in all situations where it is more restrictive than another ordinance. The provisions of
this ordinance shall be interpreted as minimum requirements and shall be liberally construed in
favor of this ordinance. This ordinance shall not be deemed to limit or repeal any other powers
granted to Winnebago County by the Wisconsin Statutes or the Wisconsin Administrative Code.
Winnebago County acknowledges those intergovernmental agreements relating to the location of
boundaries which exist at the time of the adoption of this Ordinance. Both prior to and subsequent
to January 1, 2010, it is the intent of Winnebago County to recognize said agreements to the
extent that said Agreements are not contrary to nor in violation of the General Code of
Winnebago County, the Wisconsin Administrative Code or Wisconsin or Federal statutes. Nothing
contained within this Ordinance shall be construed so as to require Winnebago County to enforce
any such intergovernmental agreement.


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22.05 Severability and Nonliability:         If any section, clause, provision, or portion of this
ordinance is adjudged unconstitutional or invalid by a court of competent jurisdiction, the
remainder of this ordinance shall not be affected thereby.

22.06 Plan-Ordinance Consistency: Commencing January 1, 2007, all of the following actions
and procedures shall be consistent with the WCCP, including the future land uses identified in the
plan:

      (1)       Pursuant to s. 66.1001(3), Wis. Stats., the Winnebago County Zoning
                Ordinance (Chapter 17 of the County General Code), including shoreland and
                wetland requirements detailed therein;
      (2)      Pursuant to s. 66.1001(3), Wis. Stats., the Winnebago County Subdivision
                Ordinance (Chapter 18 of the County General Code);
      (3)      Pursuant to s. 66.1001(3), Wis. Stats., all Town zoning ordinances and
               amendments thereto that are required to be approved by the County Board.
      (4)      County Private Sanitary Ordinance (Chapter 16, County General Code).
      (5)      County Access Control Ordinance (Chapter 17 of the County General Code).
      (6)      Farmland Preservation Plan prepared and adopted in accordance with Chapter 91,
               Wis. Stats.
      (7)      Applications for development activity, including but not limited to, permits for
              principal uses, public hearing items, certified survey maps, and subdivision plats that
              fall under the authority and jurisdiction of County ordinances as enumerated in this
              section. Permits for additions to principal uses and accessory structures are exempt.
              Where the application for development activity is in conflict with the adopted future
              land uses in the WCCP and/or the adopted ordinances enumerated in this section,
              the applicant may pursue the remedy as identified in this ordinance or the adopted
              WCCP for changes to the plan, and/or those ordinances cited in sections 6.1 to 6.6
              above for changes to the affected ordinance(s).
      (8)    Where the adopted WCCP and those adopted ordinances enumerated in this
              section are in conflict, the remedy shall be as identified in this ordinance, the adopted
              WCCP for changes to the plan, or those ordinances cited in sections 6.1 to 6.6 above
              for changes to the affected ordinance(s). This includes the future land use map in
              the WCCP and the adopted zoning map of the County Zoning Ordinance.
      (9)    Lots of record existing at the time of implementation of this ordinance shall be
              exempt from lot size parameters that may be identified in the WCCP, however the
              proposed use shall be in compliance with the uses shown on the WCCP future land
              use map.
      (10)   Petitions for amendment to the text and/or future land use map of the WCCP
             shall be in accordance with those procedures detailed in the Section VII
             (Intergovernmental Cooperation) of the WCCP and Exhibit 1, attached hereto.

22.07 Amendments, Revisions, Updates to County Plan: Between January 1, 2007 and
January 1, 2010, any newly adopted local plans or any amendments, revisions or updates to local
existing plans may be submitted to the County for inclusion into the WCCP by appropriate
governmental authorities. Said revisions, amendments and updates shall be approved or denied
in their entirety by the Winnebago County Board of Supervisors. The Board of Supervisors shall
adopt sufficient findings of fact in relationship to its adoption or denial of any plan, amendment,
revision or update during this time period. A presumption of legislative regularity shall attach to
any plan, amendment, revision or update submitted by a governmental authority during said time
period.
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                Commencing January 1, 2010, Winnebago County shall review proposed local
plans, amendments, revisions or updates to existing local plans in relationship to their compliance
with the policies identified in the WCCP as a basis for approval or denial. Both prior to and after
January 1, 2010, all amendments, revisions, and updates to existing plans or adoption of new
plans shall be in accordance with s. 66.1001(4), Wis. Stats., and the procedures detailed in
Exhibits 1 and 2, attached hereto.

22.08 Fees for filing a petition for amendment to the WCCP shall be as established by the
Winnebago County Board of Supervisors.

22.09 Inclusion and Adherence to City and Village Plans: Pursuant to s. 59.69(3)(b), Wis.
Stats., the county development plan shall include the master plan of any city or village that was
adopted under s. 62.23(2) or (3), Wis. Stats. and the official map of such city or village that was
adopted under s. 62.23(6), Wis. Stats. in the county, without change to said plan. In addition,
pursuant s. 59.69(3)(e), Wis. Stats, master plans for cities and villages adopted under s. 62.23(2)
and (3) and an official map that is established under s. 62.23(6) shall control in the
unincorporated territory of the county, whether or not such action occurs before the adoption of a
county development plan. The future land use map for the City of Oshkosh shall only apply in the
extraterritorial jurisdictional area of the City. As such, when the City of Oshkosh expands the
extraterritorial jurisdiction via annexation or boundary agreement, the County’s future land use
map will change accordingly to reflect the change in extraterritorial jurisdictional area, without
need for a formal plan amendment. Property outside of the extraterritorial jurisdiction of the City
of Oshkosh shall be regulated by the County’s future land use map, until such time as this
boundary changes due to an annexation and/or attachment of town property through a boundary
agreement between the City of Oshkosh and respective town. Application for development
activity pursuant to 22.06 shall require a written statement of plan compliance from the applicable
city or village.

22.10 Implementation Actions:         This Ordinance recognizes the necessity for a variety of
implementation actions identified in Section VIII (Implementation Section) of the WCCP, including
the comprehensive revision of the County Zoning Ordinance. Prior to the commencement of any
implementation action as specified in Section VIII (Implementation) of the WCCP, authorization to
proceed must be approved by the Planning and Zoning Committee and if required, or if requested
by said Committee, by the Winnebago County Board of Supervisors.

22.11 Written Procedures for Public Participation: This ordinance acknowledges and
confirms that the Winnebago County Board has adopted and followed written procedures
designed to foster public participation in every stage of the preparation of the WCCP as required
by s. 66.1001(4)(a), Wis. Stats.

22.12 Committee Action: Pursuant to s. 66.1001(4)(b), Wis. Stats., the Planning and Zoning
Committee, by a majority vote of the entire Committee as recorded in its official minutes of
November 11, 2005, has adopted a resolution recommending to the County Board the adoption
of the document entitled “Winnebago County Comprehensive Plan”, including all maps and
descriptive materials contained therein.

22.13 Public Hearings: This ordinance hereby acknowledges and confirms that the Winnebago
County Planning and Zoning Committee has held at least one public hearing on the WCCP in
compliance with s. 59.69(3)(d), Wis. Stats., and the County Board of Winnebago County has held

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at least one public hearing on this ordinance in compliance with the requirements of s.
66.1001(4)(c) and (d), Wis. Stats.

22.14 County Board Adoption: Pursuant to s. 66.1001(4)(c ), Wis. Stats. the County Board of
Winnebago County, Wisconsin, does, by the enactment of this ordinance, formally adopt the
document entitled, “Winnebago County Comprehensive Plan”, including all maps and descriptive
materials contained therein, and on file at the Winnebago County Clerks office. A copy of the
Winnebago County Comprehensive Plan is incorporated herein as Appendix “A”.



22.15 Violations and Penalties:
      (1)     It shall be unlawful to construct or use any structure, land, or water in violation of
          any provisions of this ordinance. In case of any violation, the County Board of
          Supervisors, the County Zoning Administrator, Town Board, or any property owner
          aggrieved by such violation may institute appropriate action or proceedings to enjoin a
          violation of this ordinance.
      (2) If the County Zoning Office shall determine at any time that the ordinance, laws,
          orders, plans and specifications are not being complied with, said office is authorized to
          post a stop work order at the site of the work. When such order has been posted, it
          shall have the effect of causing the original permit or approval(s) to be revoked and in
          all cases, it shall be unlawful for any further work to proceed until the permit or required
          approval(s) are issued or reinstated. It shall further be unlawful to remove such stop
          work order without the direct authorization of the County Zoning Office.
      (3)      Penalties: Any person, firm, or corporation, who fails to comply with the
           provisions of this ordinance as enumerated in Sections 6.1 to 6.7 , above, or any order
           of the County Zoning Administrator issued in compliance with Sections 6.1 to 6.7 of
           this ordinance, or who violates, disobeys, neglects, omits or refuses to comply with or
           who resists enforcement of Sections 6.1 to 6.7 of this ordinance shall be subject to
           the penalties as provided in Section 25.04 of the Winnebago County General Code.

22.16 Effective Date of Ordinance: This ordinance shall take affect on January 1, 2007
following passage by a majority vote of the members-elect of the County Board and publication
as required by law.




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                                            EXHIBIT 1

         Application Procedures – Amendment to Winnebago County Comprehensive Plan

APPLICATION PROCESS: The Plan Amendment Process (flow chart) attached, shall be
considered as the standard steps in the approval process for plan amendments. The following
provides additional details that shall be adhered to in regard to processing plan amendment
applications.

      (1)    INITIATION.           A petition for amendment to the WCCP may be made by any
property owner in the area to be affected by the amendment, by the Town Board of any Town
wherein the ordinance is in effect; by any member of the County Board or by the County Planning
and Zoning Committee.

        (2)  PETITIONS.           Petitions for any change to the boundaries of the future land
use map in the WCCP or amendments to the text of the plan and this ordinance shall be filed with
the Winnebago County Planning & Zoning Office, describing the premises to be rezoned or the
text to be amended, list the reasons justifying the petition, specify the proposed use or text
amendment and have attached the following:

             (a)    Plot plan drawn to a scale not less than 1 inch to 400 feet showing the area
                    proposed to be amended, its location and its dimensions, the location and
                    classification of adjacent future uses and the location and existing use of all
                    properties within 300 feet of the area proposed to be amended, and the
                    parcel number(s) of the parcel(s), or portions thereof that are affected.

             (b)    Additional information required by the County Planning and Zoning
                    Committee.

             (c)    Plan amendment fee receipt from the County Planning and Zoning Office
                    equal to the fee as established by the Winnebago County Board.

             (d)    See (1) and (2) below

                    (1)    Application shall allow appropriate County staff to enter upon the
                           property for the purpose of placement and removal of a “notice of
                           hearing” sign upon the property, viewing the property prior to hearing,
                           and conducting an inspection to determine compliance with the terms
                           and conditions, if any, of the petition for amendment.

                    (2)    For the purpose of this section, the location and timing of placement
                           and removal of the sign shall be determined by Winnebago County.
                           The sign shall not be moved or removed by anyone other than County
                           staff.

      (3)    PROCEDURES.

             (a)    The County Planning and Zoning Committee shall review all proposed
                    changes and amendments within its jurisdiction. Such petition shall be filed
                    with the County Planning and Zoning office on forms provided by said office.
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                     Immediate notice of the petition shall be sent to the County Supervisor of
                     any affected district. Petitions shall be referred directly to the Planning and
                     Zoning Committee for its consideration, report and recommendation to the
                     County Board.

       (4)     PUBLIC HEARING.               Upon receipt of such petition by the Planning and Zoning
Committee, it shall call a public hearing thereon in accordance with the adopted Public Hearing
Schedule. Notice of the time and place of such hearing shall be given by publication in the
County of a Class 1 notice, under Ch. 985, minimum 30 days prior to public hearing, pursuant to
66.1001. A copy of such notice shall be mailed by certified mail to the Town Clerk of each Town
affected by the proposed amendment and all property owners within 300 ft. of the subject site
shall be notified by first class mail with an Affidavit of Mailing at least 10 days prior to the date of
such hearing. If a zoning change is also being proposed, both applications for change may be
processed and reviewed concurrently.

       (5)          RECOMMENDATIONS.

              (a)    Planning and Zoning Committee Action: As soon as possible after such
                     public hearing, the Planning and Zoning Committee shall act on such petition
                     in accordance with Sec. 66.1001(4)(b)Wis. Stats., either approving,
                     modifying and approving, or disapproving the same by resolution. If its
                     action is favorable to granting the requested change or any modification
                     thereof, it shall cause an ordinance to be drafted in accordance with Sec.
                     66.1001(4)(c) Wis. Stats., effectuating its determination and shall submit
                     such proposed ordinance directly to the County Board with its
                     recommendations. If the Planning and Zoning Committee, after its public
                     hearing, disagrees with the action taken by the affected town, it shall refer
                     the petition back to the Town Board for reconsideration. After
                     reconsideration and resubmittal by the Town Board, the Planning and Zoning
                     Committee shall act on the petition for change. If the Planning and Zoning
                     Committee recommends denial of the petition, it shall report its
                     recommendation directly to the County Board with its reasons for such
                     action. Proof of publication of the notice of the public hearing held by the
                     Planning and Zoning Committee and proof of the giving of notice to the Town
                     Clerk of such hearing shall be attached to either such report. Notification of
                     Town Board resolutions and findings filed with County Zoning Office shall be
                     attached to either such report.




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(b)   County Board Action: Upon receipt of such report the County Board may
      adopt the ordinance as drafted by the Planning and Zoning Committee or
      with amendments, or it may deny the petition for amendment, or it may
      refuse to deny the petition as recommended by the Planning and Zoning
      Committee, in which case it shall re-refer the petition to the Planning and
      Zoning Committee with directions to draft an ordinance to effectuate the
      petition and report the same back to the County Board which may then adopt
      or reject such ordinance.

(c)   Appeal of County Board Decision: Any person or entity aggrieved by a
      decision of the County Board regarding this ordinance may appeal its
      decision to the Circuit Court of Winnebago County.

(d)   Reapplication: Denial of a petition for amendment to the plan per this
      ordinance does not preclude an applicant from reapplying for a petition to
      amend the plan provided that not less than 1 year has expired from date of
      denial of any previous petition for amendment. Reapplication shall be
      treated as a new application, including all required fees and associated
      approvals.




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                                          EXHIBIT “2”

                       MEMORANDUM OF UNDERSTANDING
             REGARDING AMENDMENTS TO TOWN COMPREHENSIVE PLANS
                           AFTER JANUARY 1, 2010

     This Memorandum of Understanding (“MOU”), as dated below, is entered into among
Winnebago County (“County”) and the various Winnebago County towns that have signed this
MOU, below (respectively either “Town” or “Towns”) (together the “Parties”).

                                             Recitals

       A.    Pursuant to Wis. Stat. Sec. 66.1001, beginning on January 1, 2010, various
planning, housing and transportation issues must be consistent with a local governmental unit’s
comprehensive plan.

      B.    Both the County and the towns have already adopted or will be adopting
comprehensive plans pursuant to the requirements of Wis. Stat. Sec. 66.1001, which is
sometimes referred to as the Smart Growth Law.

       C.    The purpose of this MOU is to define the procedures the Parties will follow when
either a Town or the County seeks approval for an amendment of its comprehensive plan.

       D.      The Parties acknowledge that, except as otherwise stated herein, this MOU will take
effect on January 1, 2010 unless the Smart Growth Law is substantially amended or rescinded
either prior to or after January 1, 2010, in which case it is null and void.

       NOW, THEREFORE, in consideration of the mutual promises of the Parties, the receipt
and sufficiency of which is mutually acknowledged, and pursuant to Wis. Stat. Sec. 66.0301 and
66.1001 and other applicable provisions of the Wisconsin Statutes, the Parties hereby agree as
follows:

      1.      Interim Procedures. Between the effective date of this Memorandum of
Understanding through December 31, 2009, Winnebago County shall review Town
Comprehensive Plans for approval without applying those standards contained in the Winnebago
County Comprehensive Plan, specifically as set forth in the Winnebago County Land Use Policy
framework. The County shall incorporate any legally adopted initial land use plan of a town into
the County’s initial comprehensive plan pursuant to Chapter 22, Winnebago County General
Code, during this period of time.

       2.     Smart Growth Principles. Commencing January 1, 2010, the Parties agree that
the Smart Growth Law shall be implemented and administered consistent with the following
guiding principles:

             (a)    That neither the County nor the Town exceed any legal authority to the other
             party pursuant to this Agreement.

             (b)     That the parties recognize the validity of any legally adopted plans of any
             legally incorporated municipality within the County.
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             (c)    That the parties recognize the need for a “bottom-up” approach to planning in
             that such approach contributes to the ultimate success of the County’s
             comprehensive plan.

             (d)    The County and the Towns will attempt to administer the Smart Growth Law
             under broad, mutually accepted policies. The County shall give substantial weight
             to the discretion of a Town in relationship to those matters affecting that specific
             Town.

             (e)    The comprehensive plans adopted by the Towns and the comprehensive
             plan adopted by the County should attempt to compliment and support one another.
             To the extent that these plans are inconsistent, a joint effort shall be made to
             resolve any points of dispute.

             (f)   Each Town must have updated land use map with a 20-year projection, in
             10-year increments, together with a current zoning map.

             (g)  The County’s comprehensive plan will provide a framework that allows the
             Towns to effectively implement the requirements identified in their respective local
             comprehensive plans, for matters not subject to County or City jurisdiction.

             (h)    The County’s comprehensive plan will automatically apply to any town that
             has not adopted a comprehensive plan of its own by December 31, 2009. In the
             alternative, if a Town has chosen not to develop a comprehensive plan, the Town
             may request that the County develop a comprehensive plan for that Town, at the
             Town’s expense.

       3.      Dispute Resolution. The Towns and the County, to the extent permitted by law,
may amend their respective comprehensive plan subsequent to January 1, 2010. To the extent
there is an inconsistency between a Town’s comprehensive plan and the County’s
comprehensive plan, the relevant party shall apply the Guiding Principles using the following
dispute resolution protocol in order to reconcile the differences:

             (a)    If the dispute cannot be resolved by the personnel directly involved, the
             dispute may be submitted to mediation upon the formal consent of each party by
             written notice provided by the designated representative of each party.

             (b)    Within five (5) days of the last party consenting to mediation, the designated
             representative of each party shall select a mediator. If the parties cannot agree on
             a qualified mediator, a qualified mediator will be appointed by the Wisconsin
             Department of Administration – Division of Intergovernmental Relations/Municipal
             Boundary Review. If the preceding office no longer exists on that relevant date, the
             mediator will be appointed by the chairperson of the Alternative Dispute Resolution
             Committee of the State Bar of Wisconsin, or if the chairperson fails to appoint a
             mediator, by the American Arbitration Association.

             (c)   The mediation session shall take place within 30 days of the appointment of
             a mediator.

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             (d)     If a mediator is used, each party will provide the mediator with a brief
             memorandum setting forth its position with regard to the issues that need to be
             resolved at least 10 days prior to the first scheduled mediation session. The parties
             will also produce all information reasonably required for the mediator to understand
             the issues presented. The mediator may require either party to supplement such
             information.

             (e)     The mediator shall not have the authority to impose a settlement upon the
             parties but shall attempt to help the parties reach a satisfactory resolution of their
             dispute. To the extent authorized by law, the mediation sessions shall be private.
             The parties shall maintain the confidentiality of the mediation and shall not rely on,
             or introduce as evidence in any arbitral, judicial, or other proceeding, views
             expressed or suggestions made by other parties with respect to a possible
             settlement of the dispute, or admissions made by the other party in the course of
             the mediation proceedings.

             (f)    The expenses of a mediator, if any, shall be borne equally by the County and
             the relevant Town.

       4.     Term of Agreement. The term of this Memorandum of Understanding shall
coincide with the term of the County’s comprehensive plan, as amended from time to time. No
breach or violation of any of the terms of this Memorandum of Understanding shall operate to
void or terminate this Memorandum of Understanding, it being the intent of the Parties that any
such breach or violation shall only be redressed, enjoined, or otherwise remedied by exercise of
any lawful, contractual enforcement remedies then available to be utilized by the aggrieved party
to enforce the terms of the Memorandum of Understanding.

       5.    Performance Standards. The parties acknowledge that this Memorandum of
Understanding imposes upon them a duty of good faith and fair dealing. In addition, whenever
consent or approval is required by a party, the consent or approval shall not be unreasonably
withheld.

       6.    No Third Party Beneficiary. This Memorandum of Understanding is intended to
be solely among the signatories set forth on the following pages. Nothing in this Memorandum of
Understanding grants any third party beneficiary rights to any non-party that may be enforced by
any non-party to this Memorandum of Understanding.

        7.     Construction. This Memorandum of Understanding shall be liberally construed to
accomplish its intended purposes. The Parties acknowledge that the language contained in this
Memorandum of Understanding is the product of numerous individuals representing the various
interests. Therefore, ambiguities shall not be construed against the drafter of this document.
This Memorandum of Understanding should be construed to give a reasonable meaning to each
of its provisions, and a construction that would render any of its provisions meaningless,
inexplicable, or mere surplusage is to be avoided.




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            WINNEBAGO COUNTY

      The undersigned officers of Winnebago County have executed this Memorandum of
Understanding pursuant to a duly adopted resolution of the County Board dated
_________________.

Date: _____________________           By:______________________
                                            County Executive


Date: _____________________           By:______________________
                                            County Clerk



            TOWN OF _____________________

     The undersigned officers of the Town of ___________________ have executed this
Memorandum of Understanding pursuant to a duly adopted resolution of the town Board dated
____________________.


Dated: ______________________         By:______________________


Dated:______________________          By:______________________




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                      CHAPTER 22

                     HISTORY INDEX


22.01 Thru
22.16        ORDINANCE ADOPTED       3/21/06




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