Water and sewer districts-boundary changes.

WORKING DRAFT
2012
STATE OF
WYOMING
12LSO-0292

SENATE FILE
NO.
SF0100

Water and sewer districts-boundary changes.

Sponsored by:
Senator(s) Ross and Representative(s) Illoway, Lockhart and Lubnau

A BILL

for

AN ACT relating to
water and sewer districts; providing for the exclusion of property from districts; providing for the enlargement of districts by the inclusion of real property;
and providing for an effective date.

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

Section 1.
W.S. 41
‑
10
‑
158 and 41
‑
10
‑
159 are created to read:

41
‑
10
‑
158
.

C
hange in boundaries of districts; exclusion of real property from district.

Any owner of real property located within a district’s boundaries may file with the board of county commissioners for the county in which the district is situated an
exclusion petition praying that his lands be excluded from said district. Petitions shall describe the property by accurate legal description which the petitioner desires to have excluded. The petition
shall
be acknowledged in the same manner and form as required in case of a conveyance of land and
shall be
accompanied by a deposit of money sufficient to pay all costs of the exclusion proceedings. The county commissioners shall cause a notice of filing of
the
petition to be published, which notice shall state the filing of
the
petition, the name of the petitioner, description of the property mentioned in
the
petition, and the prayer of
the
petitioner
.

The notices
shall notify all persons interested to appear at the office of
the
board at the time named in
the
notice, showing cause in writing, if they have
any
, why
the
petition should not be granted. The board, at the time and place mentioned in the notice or at the times to which the hearing of
the
petition may be adjourned, shall proceed to hear the petition and all objections thereto, presented in writing by any person showing cause why the prayer of the petition should
not be granted. The filing by
petition shall be deemed and taken as an assent by each and all
the
petitioners to the exclusion from the district of the property mentioned in the petition or any part thereof. The exclusion shall be
allowed if an owner of the real property does not
at the time of the application
take or use the services provided by the district at that property. Upon allowance of
the
petition, the board shall file for record a certified copy of its order making
the
change in the boundaries, as provided in W.S. 41
‑
10
‑
108.

41
‑
10
‑
1
59
.

C
hange in boundaries of districts; enlargement by inclusion of additional real property.

(a)

The boundaries of a district may be enlarged by the inclusion of additional real property by the filing with the board of county commissioners for the county in which the district is situated an enlargement petition praying that such lands be included in
the
district as provided in W.S. 22
‑
29
‑
301.

(b)

If the petition is granted and approved in favor of inclusion, the board of county commissioners shall make an order to that effect and shall file for record a certified copy of its order making
the
change in the boundaries, as provided in W.S. 41
‑
10
‑
108.

(c)

After the date of its inclusion in
the
district,
the
property shall be subject to all of the taxes and charges imposed by the district and shall be liable for its proportionate share of existing indebtedness of the district, but it shall not be liable for any taxes or charges levied or assessed prior to its inclusion in the district, nor shall its entry into the district be made subject or contingent upon the payment or as
sumption of any penalty, toll
or charge, other than the tolls and charges, which are uniformly made, assessed or levied for the entire district.

(d)

The cost of extending water or sewer lines into annexed or included territory may be required by the board of the district to be paid by the owners of property in
the annexed or included
territory. If the board of the district determines that bonds should be issued for the cost, it may submit only to the electors of the annexed or included territory by mail ballot or at an election held on a date authorized under W.S. 22
‑
21
‑
103, the question of issuing bonds for that purpose. If a majority of the qualified electors voting at
the
election vote in favor of the question submitted, the board of the district shall issue the bonds so authorized, but general taxes for the
payment of the cost of extending water or sewer lines into annexed or included territory or for the payment of the bonds and the interest thereon shall be certified and levied on and against the annexed or included property only. Taxes shall be levied on and against annexed or included property for its proportionate share of annual operation and maintenance charges of the entire district. In addition, in sanitation districts if taxes shall be levied for a main outlet or a sewage disposal plant, or in water districts if taxes shall be levied for water or water rights or facilities to convey water to the district, the annexed or included property shall be liable for its proportionate share of the cost thereof and taxes shall be certified and levied therefor. Nothing in this section shall prevent an agreement between the district and the owners of property sought to be annexed to or included in a district with respect to the terms and conditions on which the property may be annexed or included.

Section 2.
W.S. 41
‑
10
‑
120 is amended to read:

41
‑
10
‑
120.

Change in boundaries of districts; generally.

(a)

The boundary of any district organized under the provisions of this act may be changed in the manner prescribed in
the Special District Elections Act of 1994

W.S. 41
‑
10
‑
158 and 41
‑
10
‑
159
, but the change of boundaries of the district shall not impair nor affect its organization, nor shall it affect, impair or discharge any contract, obligation, lien or charge on which it might be liable or chargeable had such change of boundaries not been made.

(b)

Property included within or annexed to a district shall be subject to the payment of taxes and charges, as provided in
the Special District Elections Act of 1994

W.S. 41
‑
10
‑
158 and 41
‑
10
‑
159
. Real property excluded from a district shall thereafter be subject to the levy of taxes for the payment of its proportionate share of any indebtedness of the district outstanding at the time of such exclusion. Personal property may be excluded from a district on such terms and conditions as may be prescribed by the board of the district involved.

Section
3
.
This act is effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.

(END)

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SF0100