Chapter 10 - Surface Water Drainage
CHAPTER 10 - SURFACE WATER DRAINAGE
ARTICLE 1 - SURFACE WATER DRAINAGE UTILITY ACT
16-10-101. Short title.
Thisact shall be known and may be cited as the "Surface Water Drainage UtilityAct."
16-10-102. Definitions.
(a) As used in this act:
(i) "Governing body" means the board of countycommissioners of a county, the governing body of a city or town or a jointpowers board;
(ii) "Surface water drainage system" means all naturaland man-made elements used to convey surface water from the first point ofimpact with the surface of the earth to a suitable area of disposal orcontrolled drainage. A surface water drainage system may include, but is notlimited to, all pipes, curbs, gutters, treatment facilities, channels, streams,ditches, wetlands, detention and retention basins, ponds and other surfacewater conveyances and facilities for surface water conveyances, management andtreatment, whether public or private;
(iii) "Surface water drainage utility" means anenterprise fund function by which a governing body provides for public needs inthe area of surface water drainage management and charges user fees to financeall or a portion of its operations;
(iv) "Surface water drainage management" means theplanning, designing, construction, reconstruction, acquisition, operation,improvement, extension or maintenance of a surface water drainage system;
(v) "Surface water drainage area" means the land areaof a city, town or county, including any federal flood plain insurance area,served by a surface water drainage system which is under surface water drainagemanagement;
(vi) "This act" means W.S. 16-10-101 through16-10-110.
16-10-103. Powers.
(a) In addition to all other powers provided by law, anygoverning body may establish a surface water drainage utility to design, plan,construct, reconstruct, acquire, operate, improve, extend or maintain a surfacewater drainage system, sometimes referred to as a storm water drainage system. To carry out this duty, any city or town may go beyond its corporate limits tohold and acquire property by agreement. To carry out this duty, a county maygo beyond its boundaries to hold and acquire property by agreement.
(b) No construction relating to a surface water drainage systemshall be undertaken on property within the boundaries of a governing bodyother than the governing body establishing the surface water drainage systemunless both bodies agree to the construction.
(c) In addition to other methods provided by law or ordinance,and subject to voter approval as provided by W.S. 16-10-105(d), a governingbody may issue revenue bonds and may levy and collect service charges tofinance the surface water drainage utility. A surface water drainage utilitymay be formed by the governing body of any city or town, or by the county inthe unincorporated area of the county, as provided by this act, for all or aportion of the respective municipality by its governing body, or for all or aportion of the unincorporated area of a county by its governing body.
(d) No action shall be undertaken which would interfere with historical,appropriated or beneficial use of any Wyoming water right.
16-10-104. Formation of a surface water drainage utility.
Notwithstandingany other provision of law, a surface water drainage utility may be formed bythe governing body of any city or town, or by the county in the unincorporatedarea of a county, as provided by this act, for all or a portion of therespective municipality by its governing body, or for all or a portion of theunincorporated area of a county by its governing body.
16-10-105. Ordinance or resolution for construction; required andauthorized provisions.
(a) If the governing body of a city, town or county desires toestablish a surface water drainage utility pursuant to this act, a county shalldo so by resolution and a city or town shall do so by ordinance. The resolutionor ordinance shall provide for the administration of the surface water drainageutility either by the governing body of the city, town, county, joint powersboard or other board or entity selected by the applicable governing body,including but not limited to a board of public utilities formed pursuant toW.S. 15-7-401. The ordinance or resolution shall contain the specificdescription of the surface water drainage area to be served by the surface waterdrainage utility.
(b) Subject to voter approval as provided by subsection (e) ofthis section, a city, town, county or joint powers board may fund the surfacewater drainage utility by general and special funds, revenue or other bonds andother forms of indebtedness, service charges or a combination of thesesources. The resolution or ordinance establishing the utility, or a resolutionor ordinance later adopted by the governing body, shall specify the means offinancing the surface water drainage utility by one (1) or more of thefollowing sources:
(i) Revenue or other bonds may be issued meeting the proceduralrequirements and provisions of W.S. 35-2-425 through 35-2-428 as provided forthe issuance of bonds by hospital districts;
(ii) Service charges may be levied by the taxing authorityhaving jurisdiction where the property is located against landowners served bythe surface water drainage utility. No service charges may be levied againstland assessed as agricultural land under W.S. 39-13-101(a) without the consentof the landowner. Proceeds of the service charges may be used to:
(A) Finance the surface water drainage utility; and
(B) Pledge the revenues derived from any service charges foruse of the surface water drainage utility, including but not limited to:
(I) Pay the cost of designing, planning, constructing,reconstructing, acquiring, operating, improving, extending and maintaining thesurface water drainage system;
(II) Provide an adequate depreciation fund;
(III) If revenue bonds or other forms of indebtedness are issued,pay the principal and interest of the bonds issued; and
(IV) Study surface water drainage requirements.
(iii) Any other source of revenue including the capitalfacilities tax collected under W.S. 39-15-203(a)(iii) and 39-16-203(a)(ii) ifso dedicated.
(c) The governing board shall by resolution or ordinance setthe portion of costs to be charged against landowners in the city, town, countyor portion thereof, if any, to be paid by the county, city or town as a whole.
(d) The governing body shall not levy service charges outsideits jurisdiction without the approval of the governing body having jurisdictionof the affected areas within the surface water drainage area.
(e) A governing body shall not fund a surface water utilityuntil the proposition to impose the means of financing the surface waterdrainage utility has been submitted to and adopted by the electors within theproposed surface water drainage area under this subsection. Upon adoption of aresolution or ordinance pursuant to subsection (a) of this section, theproposition to impose the means of financing the surface water drainage utilityshall be submitted to the electors within the proposed utility on an electiondate determined by the governing body and authorized under W.S. 22-21-103. Anotice of election shall be given in at least one (1) newspaper of generalcirculation published in the county in which the election is to be held or inthe city or town if only a city wide or town wide utility is proposed, and thenotice shall specify the proposed means of financing the surface water drainageutility. At the election the ballots shall contain appropriate languageexplaining the proposed means of financing the surface water drainage utility.If the proposition is adopted, the governing body may proceed to issue revenuebonds or otherwise fund the surface water drainage utility as specified in theballot proposition. If the proposition is defeated, a proposition to impose a meansof financing the surface water drainage utility shall not again be submitted tothe electors within the utility before the next election date authorized underW.S. 22-21-103 and occurring not less than two (2) years after the election atwhich the proposition was defeated.
16-10-106. Agreements authorized.
Thestate, or any department of the state, may enter into agreements with governingbodies to exercise authorities conferred by this act.
16-10-107. Surface water drainage utility board.
(a) Any governing body which creates a surface water drainageutility may establish a surface water drainage utility board to exercise andperform all powers and duties which the governing body could perform under thisact. The surface water drainage utility board shall manage, operate, maintainand control the surface water drainage utility and promulgate all rules andregulations necessary for the operation and maintenance of the surface waterdrainage utility. The surface water drainage utility board may also plan,design, improve, expand or enlarge the surface water drainage system, studysurface water drainage requirements and design capital improvements as providedin this act.
(b) A surface water drainage utility board created pursuant tothis act shall consist of five (5) members appointed by the governing body.Members shall be residents of that portion of the county where the utilitylevies its service charges, or absent a service charge, is providing or willprovide service. Upon creation of the surface water drainage utility board,one (1) member of the board shall be appointed for a term of two (2) years, two(2) for a term of four (4) years and two (2) for a term of six (6) years. Thereafter, each member shall be appointed for a term of six (6) years.
(c) All meetings, records and accounts of the surface waterdrainage utility board shall be managed and conducted in accordance with thePublic Records Act, W.S. 16-4-201 through 16-4-205, the Uniform MunicipalFiscal Procedures Act, W.S. 16-4-101 through 16-4-124, and the Public MeetingsAct, W.S. 16-4-401 through 16-4-408. The salaries, if any, of the members ofthe surface water drainage utility board shall be fixed by the board of countycommissioners and by the city or town council, as applicable.
(d) The surface water drainage utility board has exclusivecontrol of the surface water drainage utility. The surface water drainageutility board may:
(i) Hire and discharge necessary personnel, and provide for asystem of personnel administration;
(ii) Purchase all materials and supplies necessary for thepurposes of the surface water drainage system;
(iii) In the name of the county, city, town or joint powersboard, acquire and hold property and equipment necessary and convenient for carryingout the purposes of the surface water drainage utility board;
(iv) Issue vouchers or warrants in payment of all claims andaccounts incurred by the surface water drainage utility board for the surfacewater drainage system. When the vouchers or warrants are approved by thesurface water drainage utility board, the treasurer of the applicable governingbody shall pay and charge them against the proper funds.
(e) The engineer of the county, city, town or joint powersboard and staff may provide staff assistance as necessary.
16-10-108. Refunding revenue bonds.
Agoverning body may issue refunding revenue bonds in the manner prescribed byW.S. 16-5-101 through 16-5-119.
16-10-109. Use of surplus funds.
(a) A governing body may use any surplus funds arising from theservice charge for the purchase and cancellation of any bonds or other forms ofindebtedness issued pursuant to this act. The purchase price of the bondsshall not be either:
(i) Greater than par, plus a premium not to exceed fiftypercent (50%) of the face value of all unearned interest coupons attached toany bond purchased; or
(ii) More than the actual market price of the bonds or otherforms of indebtedness at the time of purchase.
16-10-110. Recovery of unpaid charges.
Ifany service charge is not paid within thirty (30) days after it is due, theamount of the service charge, plus a penalty of ten percent (10%) and areasonable attorney's and collection agency's fee shall constitute a lienagainst the land served and may be recovered in a civil action against thelandowner by the governing body.