Title 18 · WY
18-12-141;
Citation: Wyo. Stat. § 18-12-141
Section: 18-12-141
18-12-141;
(xii) "Written authorization" means an affidavit filed with the election official conducting the election setting forth a general legal description of the property owned, the street or common name address for the property, the name or names of all owners of the property described, and a statement that the person signing the written authorization is the only person having authority to act on behalf of the owner or owners of the property.
18-12-103. Districts authorized; general function.
(a) Any unincorporated territory in this state may be formed into an improvement and service district to perform any of the following functions:
(i) Acquire, construct, operate and maintain improvements of local necessity and convenience;
(ii) Obtain improvements or services hereunder by contracting for the same with any city, town, county or other entity;
(iii) Furnish or perform any special local service which enhances the use or enjoyment of any improvement or facility or enhances the provision of emergency medical services. (b) A district is a separate entity and a political subdivision of the state.
(c) Repealed by Laws 1981, ch. 157, § 4.
18-12-104. Jurisdiction.
The commissioners of each county shall hear proceedings for the creation of improvement and service districts within the county which unless specifically otherwise provided, shall be governed by the Special District Elections Act of 1994.
18-12-105. Commencement of districts; districts to provide emergency medical services.
(a) Proceedings for the formation of an improvement and service district under this act, except a district to provide emergency medical services formed pursuant to subsection (b) of this section, shall be commenced by filing a petition addressed to the commissioners of the county in which the land proposed to be included in the district is situated. The petition shall be accompanied by a filing fee of two hundred dollars ($200.00).
(b) After July 1, 2023, as an alternative to forming a district under subsection (a) of this section, a district to provide emergency medical services under W.S. 18-12-112(a)(xxii) may be established by resolution of the board of county commissioners. A resolution under this subsection shall establish one (1) or more districts to provide emergency medical services composed of any portion of the county. Areas may be added to or subtracted from an existing district by resolution of the board of county commissioners. Not less than sixty (60) days before any resolution pursuant to this subsection is signed, the board of county commissioners shall hold a public hearing and publish the proposed resolution, including the date and time of the public hearing, in a newspaper of general circulation in the county and on the county's website. 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 before the public hearing. The board of county commissioners may dissolve a district established under this subsection in accordance with W.S. 18-3-525.
18-12-106. Petition for formation. A petition to form a district shall be signed by not less than sixty percent (60%) of the persons owning land within the territory proposed to be included in the district, whose land in the proposed district has an assessed value of sixty percent (60%) or more of the assessed value of all of the land within the proposed district.
18-12-107. Repealed by Laws 1998, ch. 115, § 5.
18-12-108. Repealed by Laws 1998, ch. 115, § 5.
18-12-109. Repealed by Laws 1998, ch. 115, § 5.
18-12-110. Repealed by Laws 1998, ch. 115, § 5.
18-12-111. Repealed by Laws 1998, ch. 115, § 5.
18-12-112. Powers of district.
(a) Each district may:
(i) Have and use a corporate seal;
(ii) Sue and be sued, and be a party to suits, actions and proceedings;
(iii) Enter into contracts for the purpose of providing any authorized improvements and the maintenance and operation thereof, or otherwise to carry out the purposes of the district;
(iv) Accept from any public or private source grants, preferred loans, contributions and any other benefits available for use in the furtherance of its purposes;
(v) Borrow money and incur indebtedness and other obligations and evidence the same by certificates, notes or debentures, and issue bonds;
(vi) Assess the costs of improvements within the district against the property specially benefited upon a frontage, zone, or other equitable basis, in accordance with benefits;
(vii) Adopt bylaws not inconsistent with law; (viii) Establish and collect charges for water, sanitation and related services and the use of improvements or services provided by the district, including authority to change the amount or rate thereof, and to pledge the revenues therefrom for the payment of district indebtedness;
(ix) Acquire and own or lease real or personal property, including easements and rights-of-way, within or without the district for district purposes;
(x) Contract with other districts for common use of improvements and services for the benefit of the inhabitants of all contracting districts;
(xi) Supply the inhabitants of the district with water for domestic and any other lawful use;
(xii) Provide for the collection, treatment or disposal of sewage, waste and storm water of the district and its inhabitants;
(xiii) Provide for the collection and disposal of garbage or refuse matter;
(xiv) Provide all services necessary to protect the health and welfare of residents in the district and the value of property therein and to enter into agreements with any public or private agency, institution or person for the furnishing of such services;
(xv) Provide for public recreation by means of parks, including but not limited to playgrounds, golf courses, swimming pools or recreation buildings;
(xvi) Provide for street lighting;
(xvii) Provide for the opening, widening, extending, straightening and surfacing in whole or part of any street and maintenance, reconstruction, snow removal and clearance for the same or other roads or streets;
(xviii) Provide for the construction, maintenance, reconstruction and improvement of bridges, culverts, curbs, gutters, drains and works incidental to any street improvement;
(xix) Provide subdivision control; (xx) Do any and all other things necessary to carry out the purposes hereof;
(xxi) With the approval of the board of county commissioners, establish and collect charges for the use of any improvement to cover the cost of operating and maintaining the improvement. Following approval of the county commissioners and upon application by a district, an assessment roll shall be created by the county assessor's office to facilitate the collection of the improvement operation and maintenance charges, whether or not the assessor has created an assessment roll for the collection of indebtedness;
(xxii) Provide emergency medical services, enter into agreements with any public or private agency, institution or person for the furnishing of emergency medical services and establish and collect charges for emergency medical services, including authority to change the amount or rate thereof, and to pledge the revenues therefrom for the payment of district indebtedness.
18-12-113. District board of directors; requirements.
(a) Except for districts to provide emergency medical services established under W.S. 18-12-105(b) as provided in subsection (e) of this section, an improvement and service district shall be managed and controlled by a board of directors consisting of three (3) or five (5) members. The initial board shall consist of three (3) or five (5) members elected at the organizational election. A simple majority of members shall serve an initial term of two (2) years and the remaining members shall serve an initial term of four (4) years after formation of the district and until their successors are elected and qualified at the regular scheduled subsequent director election as provided in W.S. 22-29-112. Thereafter, members shall be elected for terms of four (4) years. A vacancy occurring on the board during the term of an original director or his successor shall be filled as provided in the Special District Elections Act of 1994.
(b) Repealed by Laws 1981, ch. 157, § 4.
(c) Repealed by Laws 1981, ch. 157, § 4.
(d) Notwithstanding subsection (a) of this section and except as provided by subsection (e) of this section, any district may increase or decrease the membership of its board from three (3) to five (5) members if a proposition for the modification is submitted to a vote of the qualified electors of the district and a majority of those casting their ballots vote in favor of the increase or decrease. Additional offices created under this subsection shall be filled as provided in W.S. 22-29- 112(a). At the election, not more than one (1) member shall be elected for a term of two (2) years, and the election ballots shall so state. Each term shall otherwise be four (4) years. A vote to decrease membership shall be in the election preceding the election of three (3) members.
(e) After July 1, 2023, if a district to provide emergency medical services is established under W.S. 18-12-105(b), the board of county commissioners shall appoint not less than three (3) nor more than nine (9) residents of the district to constitute the board of directors of the district. Appointees shall serve a term of three (3) years and may be reappointed. Terms of office shall be staggered.
(f) The board of directors for an emergency medical services district shall attempt to collect for emergency medical services rendered when patients are covered by a private health insurance plan, Medicare, Medicaid or any other plan that provides coverage for emergency medical services.
(g) The board of directors for an emergency medical services district shall report to the board of county commissioners on a quarterly basis regarding the total number of patients served by the emergency medical services district and the total number of patients who were covered by a private health insurance plan, Medicare, Medicaid or any other plan that provides coverage for emergency medical services.
18-12-114. Compensation; officers; rules and regulations; meetings.
(a) The members of the board shall serve without compensation but shall receive reimbursement for actual and necessary expenses incurred in connection with the performance of their duties.
(b) The board shall adopt rules, regulations and procedures for the district whether or not included in its bylaws, including those to govern the use and enjoyment of public improvements, facilities and services of the district.
18-12-115. Cost assessed in accordance with benefits. When an improvement proposed by the board will benefit specific property in the district to a greater extent than other property the improvement may be financed with an assessment against the property specially benefited upon a frontage, zone or other equitable basis, in accordance with benefits.
18-12-116. Resolution of intent to provide for special assessment.
(a) The board may declare by resolution their intent to order improvements to be paid for by special assessment. The resolution shall specify:
(i) The nature of the improvement proposed;
(ii) The extent of the district to be improved;
(iii) The probable cost per unit of measurement as shown by estimates of a qualified engineer;
(iv) The time in which the cost will be payable; and
(v) The time when a resolution authorizing the improvements will be considered.
(b) Any resolution or directive in the premises may be modified, confirmed or rescinded at any time prior to the passage of the resolution authorizing the improvements.
18-12-117. Notice of resolution; hearing; objections.
(a) At the request of the board the county clerk shall give notice, by advertisement once in a newspaper of general circulation in the county, to the owners of the property to be assessed to provide:
(i) The nature of the improvement proposed;
(ii) The extent of the district to be improved;
(iii) The probable cost of the improvement;
(iv) The time at which the cost will be payable;
(v) The time when a resolution authorizing the improvements will be considered by the board; (vi) That maps, estimates and schedules showing the approximate amounts to be assessed and all resolutions and proceedings are on file and may be seen or examined at the office of the county clerk or other designated place; and
(vii) That all complaints and objections concerning the proposed improvement by owners of property subject to assessment will be heard and considered by the board before final action, under the provisions of the Wyoming Administrative Procedure Act.
(b) If objections to the improvement are made by owners or agents representing property subject to thirty percent (30%) or more of the projected dollar assessments the improvement may not be authorized and a new resolution for the same or a similar purpose encompassing property representing objections may not be considered within one (1) year thereafter.
18-12-118. Notice of apportionment; assessment roll.
(a) A copy of the resolution as finally adopted shall be recorded by the county clerk who shall within sixty (60) days after the adoption of the resolution by written notice, mailed or otherwise delivered, notify each owner of property to be assessed of the amount of assessment, the purpose for which the levy is made, the tax against each lot or parcel of land, and the date it becomes delinquent. The county clerk shall also notify each owner of property the amount of any operation and maintenance charges to be assessed within sixty (60) days after the assessment is approved by the board of county commissioners under W.S. 18-12-112(a)(xxi).
(b) The county assessor shall prepare a local assessment roll showing land assessed, the total amount of assessment and operation and maintenance charges if approved under W.S.