Annexation agreements.

WORKING DRAFT
2006
STATE OF
WYOMING
06LSO-0181

HOUSE BILL
NO.
HB0003

Annexation agreements.

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

A BILL

for

AN ACT relating to cities and towns; prohibiting finalizing of planning and zoning in annexed area until final reading
of annexation ordinance
; providing for agreements on access to water or sewer services to be petitions for annexation or waivers of objection to annexation; 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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403 by creating new subsections (e) and (f), 15
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410(a) and 15
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602 by creating a new subsection (d) are amended to read:

15
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403.

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

(e)

If the clerk has certified compliance in accordance with this section, the city or town may accept and act on platting and zoning requests concerning the territory petitioning for annexation. 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.

(f)

Agreements which provide for access to a city or town owned water or sewer services to property outside the city or town'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 for the property subject to the agreement. The agreement may be filed as a petition either by the landowner or by the city or town. The area subject to annexation based in any manner on 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 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.

15
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410.

Annexing territories; extension of laws and rights; extension of public utility service.

(a)

The territory and inhabitants of any annexed area are subject to all the laws, ordinances, rules and regulations of the city or town 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(f)
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) 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.

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602.

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

(d)

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

Section 2.
This act is effective July 1, 2006.

(END)

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HB0003