Title 18 · WY
18-11-106. Areas may be added to or subtracted from an existing
Citation: Wyo. Stat. § 18-11-106
Section: 18-11-106
18-11-106. Areas may be added to or subtracted from an existing district in the same manner.
(b) Not less than sixty (60) days before any resolution pursuant to this section is signed, the board of county commissioners shall submit the proposed boundaries of the district to the county assessor and the department of revenue for review for any conflict, overlap, gap or other boundary issue. The assessor and the department may make written comments thereon to the county commissioners. (c) The board of county commissioners may dissolve a solid waste disposal district established under subsection (a) of this section in accordance with W.S. 18-3-525. For solid waste disposal districts consolidated under W.S. 18-11-106 that consist of two (2) or more counties, each board of county commissioners in the counties where the consolidated solid waste disposal district is located shall complete the steps required in W.S. 18-3-525 before the solid waste disposal district may be dissolved under this subsection.
18-11-102. Powers; management; rates; penalty for violation of rules; removal.
(a) Following the creation of a solid waste disposal district the board of county commissioners shall appoint not less than three (3) nor more than nine (9) residents of the district to constitute the governing board of the district. Appointees shall serve a term of three (3) years and may be reappointed. Terms of office shall be staggered. The governing board may exercise all powers granted to cities and towns by W.S. 15-1-103(a)(xxi) and (xl) and shall adopt rules and regulations in managing the disposal of solid wastes within the district. Violation of a rule or regulation of the governing board requiring disposal of solid wastes in designated sites constitutes a misdemeanor punishable upon conviction by a fine not to exceed seven hundred fifty dollars ($750.00) or imprisonment not exceeding six (6) months or both. A governing board may also enforce its rules and regulations by appropriate legal proceedings and expend and generate revenue relative to the purpose of a solid waste disposal district. The governing board may permit persons or entities not included within the district to utilize the facilities of the district. The governing board may impose fees upon persons or entities included within or outside of the district for the privilege of utilizing the facilities of the district at rates established by the governing board and any revenue generated in this manner shall only be used to operate the district.
(b) The county commissioners may remove any member of the governing board for cause without a public hearing unless the member requests that the action be taken during a public hearing. Vacancies on the governing board shall be filled by the county commissioners for the balance of the unexpired term created by the vacancy.
18-11-103. Taxation; limitation. (a) A solid waste disposal district board may submit to the qualified electors of the district the question of whether or not the district shall annually levy not to exceed three (3) mills on the dollar of assessed valuation of the district to operate the district. The question shall be submitted by the county clerk as ordered by the board of county commissioners at an election called, conducted, canvassed and returned in the manner provided for bond elections by the Political Subdivision Bond Election Law, W.S. 22-21-101 through 22-21-112.
(b) The board of county commissioners at the time of making the levy for county purposes shall levy a tax upon the taxable property within a solid waste disposal district to be used solely to operate the district. These monies shall be placed in an account certified by the solid waste disposal district governing board if the mill levy authorization has been approved pursuant to subsection (a) of this section.
18-11-104. Operation of disposal system.
Any requirements or exceptions pertaining to the operation of solid waste disposal systems by cities and towns are also applicable to county solid waste disposal districts.
18-11-105. Procedures.
The Wyoming Administrative Procedure Act is applicable to all proceedings under W.S. 18-11-101 through 18-11-106 except establishing or changing the boundaries of a solid waste disposal district.
18-11-106. Consolidation of solid waste disposal districts; procedures.
(a) Two (2) or more solid waste disposal districts may consolidate into one (1) solid waste disposal district. Subject to subsection (b) of this section, the following shall apply to any consolidation of two (2) or more solid waste disposal districts:
(i) Consolidation of solid waste disposal districts may be initiated:
(A) In accordance with W.S. 22-29-304(a); or (B) By resolution of the board of county commissioners in the county or counties where the districts are located, provided that each solid waste disposal board involved in the proposed consolidation first approve the consolidation and no election shall be required to consolidate solid waste disposal districts located in the same county upon entry of a resolution by the board of county commissioners.
(ii) Any consolidation under this section shall not enlarge or otherwise alter the existing boundaries of the solid waste disposal districts to be consolidated under this section;
(iii) Solid waste disposal districts located in different counties may be consolidated, provided that:
(A) Each solid waste disposal board involved in the proposed consolidation shall first approve the consolidation before the consolidation is submitted to each board of county commissioners. Each board of county commissioners in the counties where the solid waste disposal districts are located first approve the proposed consolidation before the consolidation is submitted to the voters of each county for approval;
(B) The number of directors of the consolidated district shall not exceed nine (9) residents of the district. Directors shall be appointed in accordance with W.S. 18-11- 102(a). The number of directors appointed from each county shall be in the proportion that the population of the district's residents from each county bears to the total population of the consolidated district.
(iv) No taxes in excess of the limit specified in W.S. 18-11-103(a) shall be levied in the consolidated solid waste disposal district.
(b) Unless in conflict with a provision of this section, the provisions of the Special District Elections Act of 1994 providing for the consolidation of special districts shall apply to the consolidation of solid waste disposal districts under this section.
CHAPTER 12 - IMPROVEMENT AND SERVICE DISTRICTS
18-12-101. Title; purpose; application and construction. This act may be cited as the "Improvement and Service District Act".
18-12-102. Definitions.
(a) As used in this act:
(i) "Assessed value" means the total assessed value of real property within the district. Assessed value shall be determined from the last assessment roll of the county within which the district is located;
(ii) "Board" means the board of directors of an improvement and service district;
(iii) "Bonds" means bonds, warrants, notes or other evidences of indebtedness of an improvement and service district;
(iv) "Charges" means fees, tolls, rates and rentals;
(v) "Commissioners" means the board of county commissioners;
(vi) "District" means an improvement and service district as organized under the terms of this act;
(vii) "Elector" or "voter" means a person who is a qualified elector or an owner of land in the district, including any corporation, partnership or association owning land in the district provided the individual who casts the vote for a corporation, partnership or association presents the election judge with a written authorization to vote for the corporation, partnership or association. No person is a qualified elector who is under eighteen (18) years of age, a mentally incompetent person, or who has been convicted of a felony and his civil or voting rights have not been restored. In applying provisions of the Special District Elections Act of 1994 to this act, the terms "elector" or "voter" shall include qualified electors and landowners;
(viii) "Improvement" means and includes buildings, structures and all facilities of a public nature intended for public use, including but not limited to streets, sidewalks, curbs, gutters, alleys and other public ways, parks, recreational facilities, water, sewage, solid waste disposal and other sanitary systems and facilities, and with respect to the foregoing, such additional facilities or improvements as relate or contribute to the full public use and enjoyment thereof;
(ix) "Service" means:
(A) The operation and maintenance of improvements and any other service authorized by this act; or
(B) The provision of emergency medical services.
(x) "Landowner" or "owner of land" means the person or persons holding a majority interest in the record fee title to one (1) or more parcels of real property or a person or the persons who are obligated to pay general property taxes under a contract to purchase real property;
(xi) "This act" means W.S. 18-12-101 through