Special districts-boundary changes.

WORKING DRAFT
2006
STATE OF
WYOMING
06LSO-0268

HOUSE BILL
NO.
HB0115

Special districts-boundary changes.

Sponsored by:
Representative(s) Harvey and Senator(s) Peterson

A BILL

for

AN ACT relating to fire protection districts; providing for division of fire protection districts; providing for petition to county commissioners; providing for protests; providing for distribution of assets and liabilities following division; making conforming amendments; and providing for an effective date.

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

Section 1.

W.S. 35
‑
9
‑
212 through 35
‑
9
‑
21
5
are created to read:

35
‑
9
‑
212.

Division of fire protection district authorized.

Fire protection districts may be divided as provided in W.S. 35
‑
9
‑
213 through 35
‑
9
‑
215.

35
‑
9
‑
213.

Petition for division; hearing and notice.

(a)

Whenever a petition in writing shall be made to the county commissioners, signed by the owners of twenty percent (20%) or more of the privately owned lands of an area proposed to be detracted from the original fire protection district who constitute twenty percent (20%) or more of the taxpayers within the proposed detracted area and whose names appear upon the last-completed assessment roll, the county commissioners shall, within ten (10) days from the receipt of the petition, give notice of the hearing on the petition by
:

(i)

M
ailing a copy of the notice by first-class mail to each landowner in the district at the address shown in the assessment roll
;

(ii)

C
ausing a notice thereof to be posted, at least ten (10) days prior to the time appointed by them for the consideration of the petition, in at least three (3) public places within the proposed detracted area and also in at least three (3) public places within the remaining area
; and

(iii)

Publishing a notice at least twice in a newspaper of general circulation in the area of the district.

(b)

The petition for detraction shall describe the boundaries of the proposed detracted area and the boundaries of the remaining area
in the manner provided in W.S. 22
‑
29
‑
103(e)
.

(c)

The county commissioners shall, on the day fixed for hearing the petition, or on any legally postponed day, proceed to hear the petition.

35
‑
9
‑
214.

Decision on petition for division; protest.

(a)

The petition shall be granted and the original districts shall thereupon be divided into separate districts unless at the time of the hearing on the petition protests shall be presented by
:

(i)

T
he owners of fifty percent (50%) or more of the area of the privately owned lands included within the entire original district who constitute a majority of the taxpayers who are landowners of the entire original district and whose names appear upon the last-completed assessment roll
; or

(ii)

The owners of a fifty percent (50%) or more of the area of the privately owned lands included within the area of the proposed detracted area who constitute a majority of taxpayers who are landowners of the proposed detracted area.

(b)

If the required amount of protests are presented
as provided in subsection (a) of this section
, the petition for division shall be disallowed.

(
c
)

Upon allowance of a petition for division of a fire protection district, the board of county commissions shall appoint members to the newly formed board who are residents and property owners within the newly formed district and who shall serve on the board until the
initial
election of directors, at which time the members of the board shall be elected in accordance with W.S. 35-9-202(a).

(
d
)

Until a board of directors for the newly formed district shall be appointed
and until the first tax assessment is received by the newly formed district
, the original fire protection district shall remain responsible for provision of fire protection services to the area encompassing the newly detracted fire protection district.

35
‑
9
‑
215.

Distribution of assets and liabilities following division.

(a)

Upon the division of fire protection districts, money on hand shall be apportioned between the divided areas according to their respective taxable valuations. All other assets of the original district shall become the property of the remaining area, but a reasonable value shall be placed upon such other assets
based on an appraisal of those assets by a third party
, and the remaining area shall become indebted to the detracted area for its proportionate share thereof, based upon taxable valuations.
The appraisal shall be paid by the districts in proportion to their taxable valuations.

(b)

Any detracted area shall remain liable for any existing warrant and bonded indebtedness of the original district, which indebtedness shall be apportioned between the divided areas according to their respective taxable valuations.

Section 2.

W.S. 35
‑
9
‑
202(a), 35
‑
9
‑
208 and 35
‑
9
‑
209 by creating a new subsection (
k
) are amended to read:

35
‑
9
‑
202.

Election of board of directors.

(a)

The election of the initial board of directors shall be held by the board of county commissioners at the same time as the election for formation of the district
, or at the next general election in the case of a district created pursuant to W.S. 35
‑
9
‑
213
. There shall be elected a board of directors consisting of three (3) members who are residents living within the district who shall serve without compensation. Within ten (10) days after each election the board shall meet and select a president and a secretary-treasurer. The first elected board shall serve until the next director election as provided in W.S. 22
‑
29
‑
112. At the first director election, one (1) member of the board shall be elected for two (2) years, and two (2) members for four (4) years, for staggered terms. Thereafter, directors shall be elected for four (4) year terms. Biennial elections shall be held in accordance with the Special District Election Act of 1994.

35
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9
‑
208.

Issuance of bonds; payment of principal and interest.

The county treasurer where said district's funds are kept may pay out of any
moneys
monies

belonging to said district tax fund
, and from the tax fund of a detracted district as provided in W.S. 35
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9
‑
215(b)
, the interest and the principal upon any bonds issued under this chapter by such district, when the same becomes due, upon the presentation at his office of the proper coupon or bond, which must show the amount due, and each coupon must also show the number of the bond to which it belonged, and all bonds and coupons so paid must be reported to the district directors at their first regular meeting thereafter.

35
‑
9
‑
209.

Procedure for proposing establishment of fire protection district.

(k)

Notwithstanding subsection (j) of this section, a fire protection district may be established through division of an existing fire protection district pursuant to W.S. 35
‑
9
‑
213 through 35
‑
9
‑
215.

Section 3.

This act is effective
May
1, 2006.

(END)

1
HB0115