Annexation.

WORKING DRAFT
2005
STATE OF WYOMING
05LSO-0103.E1

SENATE FILE
NO.
SF0061

Annexation.

Sponsored by:
Joint Corporations, Elections and Political Subdivisions Interim Committee

A BILL

for

AN ACT relating to cities and towns; amending provisions relating to municipal annexations; specifying requirements for and limitations upon annexations; making conforming and clarifying amendments; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.
W.S. 15
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423 is created to read:

15
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1
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423.

Growth management plans and agreements.

(a)

No municipality shall annex an area which is within one (1) mile of the boundary of another municipality unless the respective municipalities shall have developed and executed a growth management plan and agreement meeting the following:

(i)

The growth management plan and agreement shall define the area that is within one (1) mile of any other municipality's boundary that each municipality may, after meeting the requirements of this article, annex into their respective municipality, based upon the criteria set forth in W.S. 15
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402(a)(i) through (v);

(ii)

The growth management plan and agreement, after being adopted by the governing bodies of the respective municipalities shall be binding unless otherwise amended in writing by the respective municipalities;

(iii)

The growth management plan and agreement may include a plan and agreement for annexations of real property not required to be included in the plan and agreement by this section.

(b)

In the event a growth management plan and agreement are not adopted prior to or within ninety (90) days after the filing of a petition to annex an area which is within one (1) mile of any other municipality's boundary, then any involved municipality may petition the district court having jurisdiction over the area sought to be annexed to determine the area thereof that each municipality may annex pursuant to the criteria set forth in W.S. 15
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402(a)(i) through (v), for which the district court shall have the sole and exclusive jurisdiction. The time limitations for the public hearing under W.S. 15
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405 for any pending petition for annexation shall be extended to allow for the time involved in the development of a growth management plan and agreement, or in obtaining a decision from the district court under this section.

(c)

No municipality shall annex an area which is within one (1) mile of any other municipality's boundary until a growth management plan and agreement has been established and adopted as provided under this section. Any
municipality
whose boundary is within one (1) mile of an area proposed to be annexed by another municipality shall have standing to enjoin, through an appropriate action in the district court any annexation commenced in violation of this section or any violation of any growth management plan and agreement promulgated pursuant to this section.

(d)

A growth management plan and agreement, as provided for in the section, any amendment thereof, and any decision of the district court under subsection (b) of this section shall be recorded in the office of the county clerk for the respective county or counties in which the real property that is the subject of the growth management plan and agreement is located.

Section 2.
W.S. 15
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103 by creating a new subsection (e), 15
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401(a) by creating new paragraphs (ii) and (iii), by amending and renumbering (ii) as (iv), by creating new paragraphs (v) and (vi), by amending and renumbering (ii) as (vii) and by creating a new paragraph (viii), 15
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402(a), (c)(i), (iii), (d), (e) and by creating a new subsection (f), 15
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403(a)(intro), (i), (ii)(B) and by creating new subsections (e) through (g), 15
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405(b) and by creating a new subsection (c), 15
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406 through 15
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408, 15
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409(a) and (c), 15
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410 through 15
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413, 15
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414(a)(intro) and (b), 15
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415(a), (c), (d) and by creating a new subsection (e), 15
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416(c), 15
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417(a), (d) and (e), 15
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418(a), 15
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419(a), 15
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420, 15
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421(a), (c)(intro), (i), (iii),(d)(intro), (iii) and (f), 15
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422 and 15
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602 by creating a new subsection (d) are amended to read:

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103.

General powers of governing bodies.

(e)

In exercising any power granted under this section, the governing body shall be subject to specific limitations and requirements provided under W.S. 15
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401 through 15
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423.

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401.

Definitions.

(a)

As used in this article:

(ii)

"Business park" means a defined set of parcels which have been zoned by the county commissioners for siting commercial and industrial businesses outside of a municipality's boundaries, or is in accordance with the county land use plan, and which share a common covenant, development plan, infrastructure or management;

(iii)

"Contiguous" means geographical boundaries touching in any manner. Contiguity will not be adversely affected by the existence of a platted street or alley, a public or private right-of-way, a public or private transportation right-of-way, property subject to an easement for conservation or preservation, property including a present or abandoned industrial waste disposal facility, a lake, stream, reservoir or other natural or artificial waterway located between the annexing municipality and the land sought to be annexed;

(ii)
(iv)

"Landowner" means
the owner of
a person holding record fee title to
real property
in
within
the
territory
area
proposed to be annexed
who in the last calendar year was liable for a property tax thereon or was exempt by law from the payment of taxes on the property. Anyone having a right to purchase land under a written contract is the owner of that land for annexation purposes
or a person obligated to pay general property taxes under a contract to purchase real property within the area proposed to be annexed. It does not include a person who owns only personal property even though such personal property may be subject to levy
. For purposes of W.S. 15
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402, 15
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404 and 15
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405 "landowner" shall include persons owning property which, as a result of the proposed annexation would then be brought within
one-half (1/2)
one (1)
mile of the corporate limits of a
city which has exercised the authority granted under W.S. 15
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202(b)(ii)
municipality
;

(v)

"Municipality" means any incorporated or chartered city or town;

(iii)
(vi)

"Petition" means a legibly written document
;
.

(vii)

"Potential urban area" means all territory within one (1) mile of a municipality, as it now exists or hereafter may be established.

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402.

Annexation; findings required; annexation report.

(a)

Before any
territory
area
is eligible for annexation, the governing body of any
city or town
municipality
at a hearing as provided in W.S. 15
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405 shall find that:

(i)

An
The
annexation
of the area
is for the protection of the health, safety and welfare of the persons residing in
or that might in the future utilize
the area and in the
city or town
municipality
;

(ii)

The urban development of the area sought to be annexed would constitute a natural, geographical, economical and social part of the annexing
city or town
municipality and the area is suitable for residential, commercial or industrial development or the provision of recreational needs or other necessary public improvements for persons residing in the municipality
;

(iii)

The area sought to be annexed is a logical and feasible addition to the annexing
city or town
municipality
and the extension of basic and other services customarily available to residents of the
city or town
municipality
shall, within reason,
and subject to any agreement authorized under W.S. 15
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410(f),
be available to the area proposed to be annexed;

(iv)

The area sought to be annexed is contiguous with
or adjacent to
the annexing
city or town
municipality
, or the area meets the requirements of W.S.
15
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407
15
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407(a) or (b)
;

(v)

If the
city or town
municipality
does not own or operate its own electric utility, its governing body is prepared to issue one (1) or more franchises as necessary to
electric utilities to
serve the annexed area pursuant to W.S. 15
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410
, and the municipality's governing body is prepared to issue one (1) or more franchises as necessary to provide other utility services in the annexed area pursuant to W.S. 15
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410
; and

(vi)

The annexing
city or town, not less than twenty (20) business days prior to the public hearing required by W.S. 15
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405(a), has sent by certified mail to all landowners and affected public utilities within the territory
municipality has prepared
a summary of the proposed annexation report as required under subsection (c) of this section and
has provided
notice of the time, date and location of the public hearing
as
required by W.S.
15
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405(a)
15
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405(b) and (c)
.

(c)

An annexing municipality shall prepare a proposed annexation report as specified in this subsection. The report shall, at a minimum, contain:

(i)

A map of the area proposed to be annexed showing identifiable landmarks and boundaries and the area which will, as a result of the annexation then be brought within
one-half (1/2)
one (1)
mile of the new corporate limits of the
city, if it has exercised the authority granted under W.S. 15
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202(b)(ii)
municipality
;

(iii)

A list of basic and other services customarily available to residents of the
city or town
municipality
and a timetable when those services will reasonably be available to the area proposed to be annexed
. A summary of any agreement under W.S. 15
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410(f) to provide limited services to any area proposed to be annexed shall be included
;

(d)

For annexations initiated under W.S. 15
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403, the
city or town
municipality
may collect the cost of preparing the
report on the
proposed annexation
report
from the petitioning landowners.

(e)

Before any
territory
area
is eligible for annexation the governing body shall prepare for each landowner and affected public utility so requesting in writing, the estimated cost of infrastructure improvements required of the landowner and affected public utility related to the annexation. The request shall be made to the clerk of the annexing municipality not less than ten (10) days prior to the public hearing required by W.S. 15
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405(a). The estimate shall be provided to the landowner and affected public utility prior to the hearing.

(f)

An area sought to be annexed shall not be considered to meet the requirements of this section if it is connected to the annexing municipality only by a narrow strip of land projecting outward from the boundary of the municipality which comprises a street, highway, railroad or other public or private transportation right-of-way or pipeline easement.

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403.

Annexation; initiation of proceedings; by landowners' petition; validity of signatures; determinations.

(a)

The proceedings for annexation of
an
eligible
territory
area
may be initiated by a written petition filed with the clerk of the
city or town
municipality
to which annexation of the
territory
area
is proposed, after compliance with the following conditions and procedures:

(i)

The petition is signed and dated by a majority of the landowners owning a majority of the area sought to be annexed, excluding public streets and alleys and tax exempt property
. The petition shall not require the signature of any owner of public or private rights-of-way, including but not limited to, platted streets, alleys, easements or other transportation rights-of-way included within the area being annexed
;

(ii)

The petition contains the following detailed information:

(B)

A request that the described
territory
area
be annexed;

(e)

Upon the clerk certifying that the petition complies with the requirements of this section, the clerk shall notify in writing, by ordinary first class mail the governing body of any municipality within one (1) mile of the area under consideration for annexation that a valid petition has been accepted and the requirements of W. S. 15
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402, 15
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405 and 15
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406 are being followed.

(f)

If the clerk has certified compliance, the municipality may accept and act on platting and zoning requests concerning the territory petitioning for annexation. Any approval regarding platting or zoning in the annexed area shall not be finalized until the annexation ordinance has been approved on final reading by the governing body.

(g)

Agreements which provide for access to municipally owned water or sewer services to property outside the municipality's corporate limits may be conditioned to serve as a petition by the landowner for annexation under this section and may serve as a waiver by the landowner of any objection to an annexation of the property subject to the agreement. The agreement may be filed as a petition either by the landowner or by the municipality. The area subject to an annexation which is based in any manner upon such an agreement shall be required to meet the provisions of W.S. 15
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402(a) and the procedures of this section, except that the signatures provided on the agreement are not subject to the time limitations of subsection (b) of this section. Any such agreement subject to a condition to serve as a petition for or waiver to objections to annexation shall be recorded with the county clerk and the terms and conditions of the agreement shall run with the property and be binding upon the heirs, successors and assigns of the landowners entering into the agreement.

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404.

Annexation; initiation of proceedings; by governing bodies; determination.

(a)

The governing body of any
city or town
municipality
may initiate proceedings to annex
territory
an area
by the following procedure:

(ii)

The governing body shall:

(A)

Cause to be prepared a legal description, a listing of the current mailing address of each landowner as shown in the records of the county assessor and a map showing identifiable landmarks and boundaries of the area considered for annexation and the area which will, as a result of the annexation then be brought within
one-half (1/2)
one (1)
mile of the new corporate limits of the
city, if it has exercised the authority granted under W.S. 15
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202(b)(ii)
municipality
;

(E)

Determine the cost of annexation to be incurred by the annexing municipality pursuant to W.S. 15
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410(c) through (e).

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405.

Annexation; public hearing required; notice thereof.

(b)

The clerk shall give notice of the public hearing by publishing a notice at least twice in a newspaper of general circulation in the
territory
area
sought to be annexed. The first notice shall be given at least
fifteen (15) business
twenty-one (21)
days prior to the date of the public hearing. The notice shall contain a location map which includes identifiable landmarks and boundaries of the area sought to be annexed and the area which will, as a result of the annexation then be brought within
one-half (1/2)
one (1)
mile of the new corporate limits of the
city, if it has exercised the authority granted under W.S. 15
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202(b)(ii)
municipality
. The notice shall include a summary of the proposed annexation report prepared pursuant to W.S. 15
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402(c). Upon written request to the clerk of the annexing municipality, the clerk shall provide a legal description of the area and the names of the persons owning property within the area.

(c)

The annexing municipality shall give notice at least twice by first class United States mail to landowners as follows:

(i)

For purposes of this subsection a general notice shall consist of a description of the area proposed for annexation, the time, date and location of the public hearing, a telephone number to contact the annexing municipality for additional information and the legal effect, if any, of the annexation on the landowner's rights, including the effect of the proposed annexation under W.S. 15
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202(b)(ii)
.
A special notice shall consist of the information contained in a general notice and shall also include a map generally identifying the area being annexed. All notices shall be sent twenty-eight (28) days prior to the hearing required by W.S. 15
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405(a). A second notice shall be sent whenever a general or special notice is required. The second notice may be in the form of a postcard and shall be sent at least seven (7) days prior to the hearing. The second notice need not include a map identifying the area to be annexed;

(ii)

A general notice shall be sent to all landowners who are not within the current municipal corporate limits but who will, as a result of the annexation, be brought within one (1) mile of a proposed annexation. This notice shall be sent to landowners who will be brought within one (1) mile of the area to be annexed unless the landowner was sent notice pursuant to a prior annexation;

(iii)

A general notice shall be sent to landowners owning property within the municipality within one hundred forty (140) feet of the area proposed to be annexed. In determining the one hundred forty (140) feet, the width of any intervening street, alley or public right-of-way shall not be included;

(iv)

A special notice shall be sent to all landowners in the unincorporated area lying within three hundred (300) feet of the proposed annexation. In determining the three hundred (300) feet, the width of any intervening street, alley or public right-of-way shall not be included;

(v)

For purposes of this subsection the landowner to be notified shall be the person who, as of ninety (90) days prior to the mailing of the first notice, holds record fee title to real property or is obligated to pay general property taxes under a contract to purchase real property.

(d)

The appropriate municipal officer shall certify the mailing under subsection (c) of this section by affidavit.

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406.

Annexing territories; annexation ordinance; objections; exception; prohibition.

(a)

If after the hearing the governing body finds that the conditions required by W.S. 15
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402 exist and that the required procedures have been met, it shall by ordinance annex the
territory
area
. Upon completion of annexation procedures, the clerk of the annexing municipality shall file with the county clerk a map of the area to be annexed and a copy of the ordinance approved by the governing body of the annexing municipality.

(b)

If more than fifty percent (50%) of the landowners, or if a landowner or landowners owning more than fifty percent (50%) of the area to be annexed file written objections with the clerk of the annexing municipality within
twenty (20) business
twenty-eight (28)
days after the hearing under W.S. 15
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405(a) no further action under W.S. 15
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404 may be taken on any area within the proposed annexation within two (2) years.

(c)

If seventy-five percent (75%) or more of the perimeter of the area to be annexed is contiguous to the corporate limits of the annexing
city or town
municipality
, the provisions of subsection (b) of this section do not apply.

(d)

No annexation under W.S. 15
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404 shall create an area which is situated entirely within the boundaries of the
city or town
municipality
but is not annexed.

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407.

Business parks; city owned property; when notice and public hearing not necessary; statement required.

(a)

Property comprising a business park may be annexed whether or not contiguous if the landowner of the business park petitions for annexation. The nearest boundary of the property being annexed under this subsection shall be no further than three (3) miles from the nearest city boundary. Until property annexed pursuant to this subsection becomes contiguous to the city boundaries through additional annexations from the city boundaries:

(i)

The property shall be zoned to allow commercial or industrial use only; and

(ii)

No annexation shall occur from the property.

(b)

If the
city
municipality
is the sole owner of any
territory
area
whether or not contiguous that it desires to annex, the governing body, by ordinance, may annex the
territory
area
to the
city or town
municipality
without notice or public hearing as provided in W.S. 15
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405 and without preparing the annexation report or providing the estimates required by W.S. 15
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402(c) and (e) and 15
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404(a)(ii)(C) and (D).
A municipality annexing property pursuant to this subsection shall provide notice by first class United States mail to all landowners in the unincorporated area within three hundred (300) feet of the proposed annexation. The mailing shall be certified as provided in W.S. 15
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405(d).
All ordinances annexing territory
without notice and public hearing
pursuant to this subsection
shall contain a statement that the territory is solely owned by the petitioning
city or town
municipality
.
Until property annexed pursuant to this subsection becomes contiguous to the city boundaries through additional annexations from the city boundaries no annexation shall occur from the property.

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408.

Annexation effective dates.

The annexation of any
territory
area
is effective upon publication of the ordinance, unless another date is specified in the ordinance. The effective date of the annexation ordinance shall not be less than
twenty (20) business
twenty-eight (28)
days after the public hearing required by W.S. 15
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405(a). For purposes of real and personal property taxation, the annexation is not effective until January 1 next following the effective date of the ordinance. If an appeal is filed and perfected by a person other than a utility, the effective date is January 1 next following the court's final decision of the matter. If an appeal of the franchise decision is filed and perfected by a utility, the annexation is effective upon the publication of the ordinance unless another date is specified in the ordinance, but the appealing utility shall be permitted to continue its present service in the annexed area until the court's final decision of the matter.

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409.

Appeal; determination; time for review; exclusiveness of appeal remedy.

(a)

If any landowner in the
territory
area
proposed to be annexed or any owner of real property in the annexing
city or town
municipality
, or utility is aggrieved by the acts of the governing body, he may appeal to the district court for a review of the acts or findings thereof.

(c)

All proceedings to review the findings and the decisions of the governing body
,

or
actions to determine the validity of the annexation ordinance pursuant to the Uniform Declaratory Judgments Act
or to pursue any other remedy available in law or equity to contest in any manner any annexation or the validity thereof
shall be brought within sixty (60) days of the effective date of the annexation ordinance, and if not brought within that time are forever barred.

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410.

Extension of laws and rights; extension of public utility service.

(a)

Except as otherwise provided in this article, t
he territory and inhabitants of any annexed area are subject to all the laws, ordinances, rules and regulations of the
city or town
municipality
to which they are annexed and are entitled to all the rights, privileges and franchises or other services afforded the inhabitants thereof. The services shall be provided in accordance with the timetable provided pursuant to W.S. 15
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402(c)(iii). Notwithstanding any other provision of law, no law, ordinance, rule or regulation of a municipality annexing property under W.S. 15
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404
or pursuant to an agreement treated as a petition pursuant to W.S. 15
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403(g)
shall restrict the continuous use of the property by a current or subsequent owner of an interest in the property, if the use was existing at any time within the year prior to the date of annexation and was lawful at the time the property was annexed. For purposes of this subsection, a use which has been discontinued for any
one (1)
consecutive ten (10)
year period after the date of annexation shall not be considered continuous and shall not thereafter be reestablished unless in conformance with current law, ordinance, rule or regulation.

(b)

No annexing municipality shall take any action prohibiting or restricting the continued use or maintenance of irrigation ditches, including siphons, flumes, measuring devices and other appurtenances, serving lands with a valid Wyoming water right. Notwithstanding this subsection, the municipality may take actions it deems necessary to protect the public health and safety, including but not limited to fencing, mowing and litter and mosquito abatement, but in doing so, the municipality shall be responsible for the temporary removal and replacement of any fences or other facilities obstructing the maintenance of ditches.

(c)

If a municipality annexes property, and for any reason, except to prevent a clear and present danger to the public health, the county fails to issue any permit or withholds consent required to reconstruct or repair any septic system or appurtenant facilities on the annexed property, the county shall pay any cost, charge or assessment to the landowner to provide the residence with access to municipally owned sewerage systems including but not limited to assessment for the provision of a sewer main, to the extent the charge and the assessment exceed the amount which would otherwise have been expended by the landowner to reconstruct or repair the septic system and appurtenant facilities. If, incident to an annexation, the municipality denies the permit or requires the landowner to connect to the municipal or other sewer system, the municipality shall pay any cost, charge or assessment, unless the continued operation of the septic system presents a clear and present danger to the public health.

(d)

No annexing municipality shall take any action prohibiting or restricting the owner of the mineral estate of annexed lands from continued use or maintenance of oil and gas wells. No annexing municipality shall take any action prohibiting the development of oil and gas wells and appurtenant facilities by the owner of the mineral estate nor shall any state agency deny any necessary permits for development of the wells or facilities due to the annexation of land to a municipality absent a showing that the specific proposed wells or facilities constitute a clear and present danger to public health or safety.

(e)

Landowners may, but shall not be required to, pay for public improvements incident to the annexation when annexation is initiated under W.S. 15
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404 and the landowner of any area annexed cannot object to the annexation based upon the exception in W.S. 15
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406(c). Landowners shall be responsible for the normal costs of individual service lines and tap or connection fees. For purposes of this subsection, "public improvements" include, but are not limited to water mains, sewer mains, power lines, curb and gutter or the paving of streets located off the landowner's property.

(f)

In any annexation, the annexing municipality may agree with any landowner to annex the landowner's property with the provision of limited municipal services. The agreement shall identify which services normally afforded the inhabitants of the municipality will not be provided at the time of the annexation and are not then anticipated to be provided at a later time. The agreement may provide that the services may be provided at a later time upon terms mutually agreed to by the landowner or his successors and the municipality. Any agreement under this subsection shall be recorded with the county clerk and the terms and conditions of the agreement shall run with the property and be binding upon the heirs, successors and assigns of the landowners entering into the agreement. The terms of any agreement under this subsection shall be summarized and included in any annexation report under W.S. 15
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402(c).

(g)

Notwithstanding any other law to the contrary, no property shall, as a result of any annexation, be assessed for the creation or maintenance of a road, curb, gutter or sidewalk unless the property is annexed to the municipality at the time the improvement is made.

(b)
(h)

The governing body of the annexing municipality shall, within thirty (30) days after the date of the annexation, give written notice of the annexation to all public electric utilities presently providing service within the annexed area and, except in the case of an annexing municipality which owns or operates its own electric utility, any area
adjacent
contiguous
to the annexed area. Except in the case of an annexing municipality which owns or operates its own electric utility, any of those public utilities required to be notified may, within sixty (60) days after the date of annexation, petition the governing body of the annexing
city or town
municipality
for a franchise to serve additional portions within the annexed area or the entire annexed area. Except in the case of a municipality which owns or operates its own electric utility, any petitioning utility which does not currently hold a certificate of public convenience and necessity for the annexed area shall petition the public service commission for a certificate to include the annexed area, and if two (2) or more public electric utilities have been granted or are seeking a certificate of public convenience and necessity to serve the annexed area, the public service commission shall determine, following a hearing, which utility or utilities should be certificated in the public interest to provide service to the annexed area. No recipient of a certificate of public convenience and necessity shall serve any portion of the annexed area without the consent of the governing body of the annexing
city or town
municipality
and provided that the entire annexed area is served under one (1) or more certificates of public convenience and necessity.

(c)
(j)

Except in the case of an annexing municipality which owns or operates its own electric utility, the governing body of the annexing municipality shall hold an appropriate public hearing and, upon determining that one (1) or more petitioning public utilities can meet the terms and conditions of a franchise, issue franchises to one (1) or more utilities to serve portions of or the entire annexed area.

(d)
(k)

Notwithstanding any other provision of law, nothing contained in this section shall limit the right of a municipality which owns or operates its own electric utility to extend its electric service into any area annexed by the municipality, and nothing contained in this section shall subject any such municipality to the jurisdiction of the public service commission.

(m)

The governing body of the annexing municipality shall, within thirty (30) days after the date of the annexation, give written notice of the annexation to all public utilities presently providing service within the annexed area and any area contiguous to the annexed area. Any of those public utilities required to be notified may, within sixty (60) days after the date of annexation, petition the governing body of the annexing municipality for a franchise to serve additional portions within the annexed area or the entire annexed area. Any petitioning utility which does not currently hold a certificate of public convenience and necessity for the annexed area shall petition the public service commission for a certificate to include the annexed area, and if two (2) or more public utilities providing the same service have been granted or are seeking a certificate of public convenience and necessity to serve the annexed area, the public service commission shall determine, following a hearing, which utility or utilities should be certificated in the public interest to provide service to the annexed area. No recipient of a certificate of public convenience and necessity shall serve any portion of the annexed area without the consent of the governing body of the annexing municipality and provided that the entire annexed area is served under one (1) or more certificates of public convenience and necessity for each utility service provided. The governing body of the annexing municipality shall hold an appropriate public hearing and, upon determining that one (1) or more petitioning public utilities can meet the terms and conditions of a franchise, issue franchises to one (1) or more utilities to serve portions of or the entire annexed area. For the purposes of this subsection "public utility" means and includes communication or transmission of intelligence or messages by telephone service; natural or artificial gas for heat, light, power and like purposes; and steam for heat, power and like purposes.

15
‑
1
‑
411.

Incorporation of territory within potential urban area.

All territory within one (1) mile of an incorporated city or town, as it now exists or may hereafter be established, is potentially an urban area.
No territory within a potential urban area may be incorporated as a
city or town
municipality
unless the governing body of the
city or town
municipality
causing the potential urbanized area to exist, by resolution, approves the proposed incorporation.

15
‑
1
‑
412.

When written consent of landowners required for annexation; exception.

No tract of land or any part thereof, whether consisting of one (1) parcel or two (2) or more contiguous parcels owned by one (1) landowner or owned jointly by two (2) or more landowners as cotenants, which comprises forty (40) acres or more and which together with the buildings or improvements situated thereon has an assessed valuation in excess of forty thousand dollars ($40,000.00) as of the current assessment for property tax purposes, may be annexed without the written consent of the landowner or landowners, unless the tract of land is situated entirely within the boundaries of the annexing
city or town
municipality
.

15
‑
1
‑
413.

Survey or perambulation of boundaries; when and how to be made; presumption once recorded.

(a)

If the boundaries of any
city or town
municipality
are uncertain or incapable of ascertainment, the governing body, by ordinance, may provide for a survey or perambulation thereof. If the survey or perambulation is made, the boundaries shall be marked by substantial monuments, and the person making the survey shall report to the governing body describing the boundaries by metes and bounds. The description as nearly as possible shall refer, if upon surveyed lands, to the corners or lines of the United States surveys. The person making the survey shall also file with the
city or town
municipal
clerk the field notes of his survey. The
city or town
municipal
clerk shall then file a copy of the report and a copy of the field notes certified by the mayor and clerk with the county clerk for the county in which the
city or town
municipality
is located.

(b)

Any survey or perambulation made and recorded as provided in subsection (a) of this section is presumptive of the boundaries of the
city or town
municipality
, and any copy thereof certified by the county clerk shall be received in evidence in any court of this state.

15
‑
1
‑
414.

Survey or perambulation of boundaries; oath required; filing thereof.

(a)

Any person making the survey or perambulation who is not an officer of the
city or town
municipality
, before entering upon the work, shall subscribe an oath to:

(b)

The oath shall be filed with the
city or town
municipal
clerk and a copy thereof shall be attached to the certificate filed with the county clerk.

15
‑
1
‑
415.

Additions to municipalities by subdividing landowners; plat requirements; filing and effect thereof; controlling layout of streets.

(a)

The owner of any land within or contiguous to any
city or town
municipality
may subdivide the land into lots, blocks, streets, avenues and alleys and other grounds under the name of .... addition to the city (town) of .... An accurate map or plat shall be made designating the subdivided land and particularly describing the lots, blocks, streets, avenues and alleys and other grounds of the addition. The lots must be designated by numbers, and the streets, avenues and other grounds by name or numbers.

(c)

When the map or plat is made out, acknowledged, certified and approved by the governing body, it shall be filed and recorded in the office of the county clerk. When filed it is equivalent to a deed in fee simple to the
city or town
municipality
from the owner, of all streets, avenues, alleys, public squares, parks and commons and of that portion of the land set apart for public and city use, or dedicated to charitable, religious or educational purposes. All additions thus laid out are a part of the
city or town
municipality
for all purposes, and the inhabitants of the addition are entitled to all the rights and privileges and subject to all the laws, ordinances, rules and regulations of the
city or town
municipality
.

(d)

The governing body, by ordinance, may compel the owner of any addition to lay out streets, avenues and alleys to correspond in width and direction and be continuations of the streets, ways and alleys in the
city or town
municipality
or other additions thereto. No addition is valid unless the terms and conditions of the ordinance are complied with and the plat submitted and approved by the governing body.

(e)

Any addition to a municipality under this section shall be subject to the provisions of W.S. 15
‑
1
‑
402 and 15
‑
1
‑
405.

15
‑
1
‑
416.

Landowner petition to exclude tract from municipality; disposition thereof; exclusion of land for highway purposes.

(c)

The governing body may exclude from any
city or town
municipality
land sufficient for the construction of state highways. Notice of the intended action and the time and place of public hearing for objections shall be published once each week for four (4) consecutive weeks prior to the hearing in a newspaper of general circulation within the
city or town
municipality
. No action may be taken by the governing body to exclude land for highway purposes over the objection of any owner of property to be excluded.

15
‑
1
‑
417.

Annexing contiguous municipalities; procedure.

(a)

When any
city or town
municipality
desires to be annexed to another contiguous
city or town
municipality
, their governing bodies shall meet to determine the terms and conditions on which the proposed annexation might be made. If the governing body of each
city or town
municipality
approves of the terms and conditions proposed, the governing body of the
city or town
municipality
to be annexed shall circulate a written petition requesting annexation subject to the terms and conditions set forth in W.S. 15
‑
1
‑
403 among the
city's or town's
municipality's
qualified registered electors. Once the petition is signed by at least a majority of the qualified registered electors residing in the
city or town
municipality
, as determined by the records of the county clerk, it shall be filed with the clerk of the annexing
city or town
municipality
.

(d)

If the petition is not in minimum compliance, the governing body of the
city or town
municipality
desiring to be annexed shall be notified that no further action will be taken on the petition until compliance is made.

(e)

As an alternative to the circulation of the petition as provided by subsection (a) of this section the
town
municipality
to be annexed may hold a special election on the question in accordance with W.S. 22
‑
23
‑
801 through 22
‑
23
‑
809.

15
‑
1
‑
418.

Annexing contiguous municipalities; annexation ordinance; filing.

(a)

If after the hearing, the governing body of the annexing
city or town
municipality
finds that the conditions and procedures required by W.S. 15
‑
1
‑
402, 15
‑
1
‑
404 and 15
‑
1
‑
405 have been met and the terms and conditions in the written petition exist, it may by ordinance annex the
city or town
municipality
.

15
‑
1
‑
419.

Annexing contiguous municipalities; effective dates; appeals.

(a)

The annexation of any
city or town
municipality
is effective upon the publication date of the annexing
city or town's
municipality's
annexation ordinance, unless a different date is specified in the ordinance. Thereafter the
city or town
municipality
to which the annexation is made shall pass ordinances, not inconsistent with law, as will carry into effect the terms and conditions of the annexation. For purposes of taxation, the annexation does not become effective until January 1 next following the effective date of the ordinance, unless an appeal is filed and perfected, in which case the effective date is January 1 next following the court's final decision.

15
‑
1
‑
420.

Annexing contiguous municipalities; how governed; extension of laws, rights and utilities; dissolution of annexed municipality; disposition of assets and liabilities.

(a)

After the effective date of annexation, the
city or town
municipality
annexed shall be governed as part of the city or town to which it is annexed. The territory and inhabitants of the
city or town
municipality
annexed are subject to all the laws, ordinances, rules and regulations of the
city or town
municipality
to which annexed and are entitled to all the rights, privileges and franchise services afforded the inhabitants thereof including fire protection, sanitary facilities and utility service. If the inhabitants of the annexing
city or town
municipality
are furnished any utility service by the annexing
city or town
municipality
or under franchise, the annexed area may receive the same service.

(b)

The annexed city's or town's municipal corporate assets including money, real and personal property, and rights, titles and interests of any nature, upon the effective date of annexation, without further conveyance, are the assets of the annexing
city or town
municipality
. The annexed
city or town
municipality
, without further action, shall be dissolved and the annexation ordinance shall so provide. The annexing
city or town
municipality
shall make provision for meeting all liabilities of the annexed
city or town
municipality
through assumption or by other lawful means. No such assumption or other action taken under this act shall materially impair existing obligations of contract of either the annexing or annexed
city or town
municipality
. Liabilities to be assumed by the annexing
city or town
municipality
shall include all revenue bonds and other special obligations which by their terms are not payable from ad valorem taxes. The revenue bonds and special obligations shall not become general obligations of the annexing
city or town
municipality
.

(c)

The annexing
city or town
municipality
in the annexation ordinance shall allocate equitably the debts of the annexed and annexing
city or town
municipality
. The equitable allocation shall be according to benefits received by the annexed and annexing
city or town
municipality
from additional assets being brought into the combined
city or town
municipality
.

(d)

Any such bonded indebtedness may be refunded by the annexing
city or town
municipality
under the laws of Wyoming existing at the time of this refunding.

15
‑
1
‑
421.

Municipal de-annexation.

(a)

Any landowner within a
city or town
municipality
may petition the governing body of the
city or town
municipality
to have his land or a portion of it de-annexed and the boundaries of the
city or town
municipality
redrawn so their land is outside the
city or town
municipal
boundaries. The landowner shall file the petition with the clerk of the affected
city or town
municipality
and shall also provide a copy of the petition to the county commissioners of the affected county. The county commissioners shall, within sixty (60) days, prepare a report on the impact of the de-annexation. The affected
city or town
municipality
may not take any action on the petition for de-annexation until after the sixty (60) day period. The commissioners may establish rules and regulations for the area to be de-annexed which are consistent with county land use plans and zoning ordinances.

(c)

The governing body of the
city or town
municipality
may by ordinance provide for this de-annexation and redrawing of boundaries provided that:

(i)

The owners of all the land to be de-annexed either sign the petition for de-annexation or consent to the de-annexation within one hundred twenty (120) days after the final passage of the de-annexation ordinance and before its effective date. The passage of the ordinance shall serve as the consent of the
city or town
municipality
for any land owned by the city or town within the area to be de-annexed;

(iii)

If the de-annexation causes land within the
city or town
municipality
boundaries to no longer be contiguous with the rest of the city or town, the de-annexation ordinance may be adopted only with the consent of all the owners of the land to be isolated by the de-annexation.

(d)

If the
city or town
municipality
owns any rights-of-way, easements, streets or other property or improvements within the area to be de-annexed it may:

(iii)

Agree to transfer them to another
city or town

municipality
upon completion of the annexation of all or part of the de-annexed land to that other
city or town
municipality
;

(f)

The landowner petitioning to have land de-annexed and his successors and assigns shall remain liable for any assessments incurred or levied while the land was within the
city or town
municipal
boundaries and for all mill levies necessary to repay any indebtedness that was outstanding at any time the property was within the
city or town
municipal
boundaries. Neither the de-annexation nor subsequent annexation to or incorporation as another
city
municipality
shall increase or decrease these liabilities.

15
‑
1
‑
422.

Prohibited acts.

The granting of an exception to the area wide waste treatment management plan by any
city or town
municipality
to any person may not be conditioned upon any agreement by that person to annexation under this article.

15
‑
7
‑
602.

Extension of system; outside corporate limits; rates; existing contracts; controversies; appeal.

(d)

An agreement under this section may be conditioned to serve as a petition by the landowner for annexation under this section and may serve as a waiver by the landowner of any objection to an annexation of the property as provided in W.S. 15
‑
1
‑
403(g).

Section 3.
W.S. 15
‑
1
‑
401(a)(i) and 15
‑
1
‑
402(b) are repealed.

Section 4.
This act is effective July 1, 2005.

(END)

1
SF0061