Chapter 12 - Improvement And Service Districts
CHAPTER 12 - Improvement and Service Districts
18-12-101. Title; purpose; application and construction.
Thisact may be cited as the "Improvement and Service District Act".
18-12-102. Definitions.
(a) As used in this act:
(i) "Assessed value" means the total assessed valueof real property within the district. Assessed value shall be determined fromthe last assessment roll of the county within which the district is located;
(ii) "Board" means the board of directors of animprovement and service district;
(iii) "Bonds" means bonds, warrants, notes or otherevidences of indebtedness of an improvement and service district;
(iv) "Charges" means fees, tolls, rates and rentals;
(v) "Commissioners" means the board of countycommissioners;
(vi) "District" means an improvement and servicedistrict as organized under the terms of this act;
(vii) "Elector" or "voter" means a person whois a qualified elector or an owner of land in the district, including anycorporation, partnership or association owning land in the district providedthe individual who casts the vote for a corporation, partnership or associationpresents the election judge with a written authorization to vote for thecorporation, partnership or association. No person is a qualified elector whois under eighteen (18) years of age, a mentally incompetent person, or who hasbeen convicted of a felony and his civil or voting rights have not beenrestored. In applying provisions of the Special District Elections Act of 1994to this act, the terms "elector" or "voter" shall includequalified electors and landowners;
(viii) "Improvement" means and includes buildings,structures and all facilities of a public nature intended for public use,including but not limited to streets, sidewalks, curbs, gutters, alleys andother public ways, parks, recreational facilities, water, sewage, solid wastedisposal and other sanitary systems and facilities, and with respect to theforegoing, such additional facilities or improvements as relate or contributeto the full public use and enjoyment thereof;
(ix) "Service" means the operation and maintenance ofimprovements and any other service authorized by this act;
(x) "Landowner" or "owner of land" meansthe person or persons holding a majority interest in the record fee title toone (1) or more parcels of real property or a person or the persons who areobligated to pay general property taxes under a contract to purchase realproperty;
(xi) "This act" means W.S. 18-12-101 through18-12-140;
(xii) "Written authorization" means an affidavit filedwith the election official conducting the election setting forth a generallegal description of the property owned, the street or common name address forthe property, the name or names of all owners of the property described, and astatement that the person signing the written authorization is the only personhaving authority to act on behalf of the owner or owners of the property.
18-12-103. Districts authorized; general function.
(a) Any unincorporated territory in this state may be formedinto an improvement and service district to perform any of the followingfunctions:
(i) Acquire, construct, operate and maintain improvements oflocal necessity and convenience;
(ii) Obtain improvements or services hereunder by contractingfor the same with any city, town, county or other entity;
(iii) Furnish or perform any special local service which enhancesthe use or enjoyment of any improvement or facility.
(b) A district is a separate entity and a political subdivisionof the state.
(c) Repealed by Laws 1981, ch. 157, 4.
18-12-104. Jurisdiction.
Thecommissioners of each county shall hear proceedings for the creation ofimprovement and service districts within the county which unless specificallyotherwise provided, shall be governed by the Special District Elections Act of1994.
18-12-105. Commencement by petition.
Proceedingsfor the formation of a district shall be commenced by filing a petitionaddressed to the commissioners of the county in which the land proposed to beincluded in the district is situated. The petition shall be accompanied by afiling fee of two hundred dollars ($200.00).
18-12-106. Petition for formation.
Apetition to form a district shall be signed by not less than sixty percent(60%) of the persons owning land within the territory proposed to be includedin the district, whose land in the proposed district has an assessed value ofsixty percent (60%) or more of the assessed value of all of the land within theproposed district.
18-12-107. Repealed by Laws 1998, ch. 115, 5.
18-12-108. Repealed by Laws 1998, ch. 115, 5.
18-12-109. Repealed by Laws 1998, ch. 115, 5.
18-12-110. Repealed by Laws 1998, ch. 115, 5.
18-12-111. Repealed by Laws 1998, ch. 115, 5.
18-12-112. Powers of district.
(a) Each district may:
(i) Have and use a corporate seal;
(ii) Sue and be sued, and be a party to suits, actions andproceedings;
(iii) Enter into contracts for the purpose of providing anyauthorized improvements and the maintenance and operation thereof, or otherwiseto carry out the purposes of the district;
(iv) Accept from any public or private source grants, preferredloans, contributions and any other benefits available for use in thefurtherance of its purposes;
(v) Borrow money and incur indebtedness and other obligationsand evidence the same by certificates, notes or debentures, and issue bonds;
(vi) Assess the costs of improvements within the districtagainst the property specially benefited upon a frontage, zone, or otherequitable basis, in accordance with benefits;
(vii) Adopt bylaws not inconsistent with law;
(viii) Establish and collect charges for water, sanitation andrelated services and the use of improvements or services provided by thedistrict, including authority to change the amount or rate thereof, and topledge the revenues therefrom for the payment of district indebtedness;
(ix) Acquire and own or lease real or personal property,including easements and rights-of-way, within or without the district fordistrict purposes;
(x) Contract with other districts for common use ofimprovements and services for the benefit of the inhabitants of all contractingdistricts;
(xi) Supply the inhabitants of the district with water fordomestic and any other lawful use;
(xii) Provide for the collection, treatment or disposal ofsewage, waste and storm water of the district and its inhabitants;
(xiii) Provide for the collection and disposal of garbage orrefuse matter;
(xiv) Provide all services necessary to protect the health andwelfare of residents in the district and the value of property therein and toenter into agreements with any public or private agency, institution or personfor the furnishing of such services;
(xv) Provide for public recreation by means of parks, includingbut not limited to playgrounds, golf courses, swimming pools or recreation buildings;
(xvi) Provide for street lighting;
(xvii) Provide for the opening, widening, extending, straighteningand surfacing in whole or part of any street and maintenance, reconstruction,snow removal and clearance for the same or other roads or streets;
(xviii) Provide for the construction, maintenance, reconstructionand improvement of bridges, culverts, curbs, gutters, drains and worksincidental to any street improvement;
(xix) Provide subdivision control;
(xx) Do any and all other things necessary to carry out thepurposes hereof;
(xxi) With the approval of the board of county commissioners,establish and collect charges for the use of any improvement to cover the costof operating and maintaining the improvement. Following approval of the countycommissioners and upon application by a district, an assessment roll shall becreated by the county assessor's office to facilitate the collection of theimprovement operation and maintenance charges, whether or not the assessor hascreated an assessment roll for the collection of indebtedness.
18-12-113. District board of directors.
(a) The district shall be managed and controlled by a board ofdirectors consisting of three (3) or five (5) members. The initial board shallconsist of three (3) or five (5) members elected at the organizationalelection. A simple majority of members shall serve an initial term of two (2)years and the remaining members shall serve an initial term of four (4) yearsafter formation of the district and until their successors are elected andqualified at the regular scheduled subsequent director election as provided inW.S. 22-29-112. Thereafter, members shall be elected for terms of four (4)years. A vacancy occurring on the board during the term of an originaldirector or his successor shall be filled as provided in the Special DistrictElections Act of 1994.
(b) Repealed by Laws 1981, ch. 157, 4.
(c) Repealed by Laws 1981, ch. 157, 4.
(d) Notwithstanding subsection (a) of this section, anydistrict may increase or decrease the membership of its board from three (3) tofive (5) members if a proposition for the modification is submitted to a voteof the qualified electors of the district and a majority of those casting theirballots vote in favor of the increase or decrease. Additional offices createdunder this subsection shall be filled as provided in W.S. 22-29-112(a). At theelection, not more than one (1) member shall be elected for a term of two (2)years, and the election ballots shall so state. Each term shall otherwise befour (4) years. A vote to decrease membership shall be in the electionpreceding the election of three (3) members.
18-12-114. Compensation; officers; rules and regulations; meetings.
(a) The members of the board shall serve without compensationbut shall receive reimbursement for actual and necessary expenses incurred inconnection with the performance of their duties.
(b) The board shall adopt rules, regulations and procedures forthe district whether or not included in its bylaws, including those to governthe use and enjoyment of public improvements, facilities and services of thedistrict.
18-12-115. Cost assessed in accordance with benefits.
Whenan improvement proposed by the board will benefit specific property in thedistrict to a greater extent than other property the improvement may befinanced with an assessment against the property specially benefited upon afrontage, zone or other equitable basis, in accordance with benefits.
18-12-116. Resolution of intent to provide for special assessment.
(a) The board may declare by resolution their intent to orderimprovements to be paid for by special assessment. The resolution shallspecify:
(i) The nature of the improvement proposed;
(ii) The extent of the district to be improved;
(iii) The probable cost per unit of measurement as shown byestimates of a qualified engineer;
(iv) The time in which the cost will be payable; and
(v) The time when a resolution authorizing the improvementswill be considered.
(b) Any resolution or directive in the premises may bemodified, confirmed or rescinded at any time prior to the passage of theresolution authorizing the improvements.
18-12-117. Notice of resolution; hearing; objections.
(a) At the request of the board the county clerk shall givenotice, by advertisement once in a newspaper of general circulation in thecounty, to the owners of the property to be assessed to provide:
(i) The nature of the improvement proposed;
(ii) The extent of the district to be improved;
(iii) The probable cost of the improvement;
(iv) The time at which the cost will be payable;
(v) The time when a resolution authorizing the improvementswill be considered by the board;
(vi) That maps, estimates and schedules showing the approximateamounts to be assessed and all resolutions and proceedings are on file and maybe seen or examined at the office of the county clerk or other designatedplace; and
(vii) That all complaints and objections concerning the proposedimprovement by owners of property subject to assessment will be heard andconsidered by the board before final action, under the provisions of theWyoming Administrative Procedure Act.
(b) If objections to the improvement are made by owners oragents representing property subject to thirty percent (30%) or more of theprojected dollar assessments the improvement may not be authorized and a newresolution for the same or a similar purpose encompassing property representingobjections may not be considered within one (1) year thereafter.
18-12-118. Notice of apportionment; assessment roll.
(a) A copy of the resolution as finally adopted shall berecorded by the county clerk who shall within sixty (60) days after theadoption of the resolution by written notice, mailed or otherwise delivered,notify each owner of property to be assessed of the amount of assessment, thepurpose for which the levy is made, the tax against each lot or parcel of land,and the date it becomes delinquent. The county clerk shall also notify eachowner of property the amount of any operation and maintenance charges to beassessed within sixty (60) days after the assessment is approved by the boardof county commissioners under W.S. 18-12-112(a)(xxi).
(b) The county assessor shall prepare a local assessment rollshowing land assessed, the total amount of assessment and operation and maintenance charges if approved underW.S. 18-12-112(a)(xxi), the amount of each installment ofprincipal and interest if the same is payable in installments, and the datewhen each installment will become due, and deliver the same, duly certified, tothe county treasurer for collection.
18-12-119. Duty of county officials to levy and collect taxes.
Thebody having authority to levy taxes or make assessments within each countyshall levy the taxes or assessments authorized herein and all officials chargedwith the duty of assessing property and collecting taxes shall assess propertyand collect proceeds at the time and in the form and manner with like interestand penalties as property is assessed and other taxes are collected, and whencollected they shall pay the same to the district ordering the assessment orlevy and collection. The payment of the collections shall be made monthly to thetreasurer of the district and paid into its depository to the credit of thedistrict. All taxes levied under this act, together with interest thereon andpenalties for default in payment thereof, and all costs of collecting the same,constitute, until paid, a perpetual lien on and against the property taxed, andsuch lien shall be administered as and on a parity with the tax lien of othergeneral taxes.
18-12-120. Bond elections; resolution for submission of proposition tovoters.
Byresolution of its board a district may submit to its qualified voters, by mailballot or at an election on a date authorized under W.S. 22-21-103, asdetermined by the board of county commissioners, the proposition of issuingbonds pursuant to this act to provide funds for the acquisition, construction,improving or financing of improvements as well as performing services for thebenefit of the residents of the district, including any or all expensesincidental thereto or connected therewith.
18-12-121. Contents of resolution; notice of election.
(a) The resolution shall:
(i) State the purpose for which the bonds are proposed to beissued;
(ii) State the estimated amount of money to be raised by thebond issue;
(iii) State the principal amount of the bonds;
(iv) State the maximum rate of interest on the bonds;
(v) Fix the date of the election;
(vi) Fix the manner of holding the election.
(b) The notice of bond election shall include the followinginformation:
(i) The amount of the proposed bond issue;
(ii) The maximum maturity of the bonds;
(iii) Statement by the board of the need for the issuance of thebonds and the purposes for which the proceeds of the bonds shall be devoted;
(iv) A description of the exterior boundaries of the district;
(v) A general description of the proposed improvement, utilityor local service to be provided by the district;
(vi) Repealed by Laws 1981, ch. 157, 4.
18-12-122. Election procedures.
(a) Except as otherwise provided in this section, the bondelections of districts shall be called by the board of county commissioners atthe request of the district and held in accordance with election dates andprocedures set forth in W.S. 22-21-101 through 22-21-112. A proposal submittedin the bond election shall be approved by a majority of the voters in thedistrict casting ballots in the election.
(b) The bond election ballot shall specify the name of thedistrict, the total amount of the proposed bond issue, the maximum interestrate payable thereon, the term of years over which the bonds shall be repaid,and a brief description of the improvements, facilities or utilities to beacquired or constructed and the services to be rendered with the proceedsthereof. The question to be submitted on the ballot after such descriptionshall be as follows:
For Issuance ofBonds
Against Issuance ofBonds
The voter shall place a mark in the squarespace immediately following the proposition shown on the ballot.
(c) If requested in the petition and if approved by thecommissioners, the commissioners may order that a bond election, as describedin subsections (a) and (b) of this section, be held concurrently with theorganizational election, and if the bond election is ordered, the notice ofelection shall include the information required by W.S. 18-12-121(b). Thejudges of the election shall certify the returns of the election to thecommissioners, and if a majority of the votes are in favor of the organization,the commissioners, by resolution shall declare the district organized.
(d) Repealed by Laws 1998, ch. 115, 5.
(e) Repealed by Laws 1998, ch. 115, 5.
(f) Repealed by Laws 1998, ch. 115, 5.
(g) A written authorization for voting purposes shall be filedwith the election official conducting the special district election not laterthan thirty (30) days prior to the election.
(h) In examining any written authorization required orpermitted to be signed by landowners, the county clerk or district secretaryshall accept the first written authorization filed unless prior tocertification the secretary or county clerk is furnished with written evidence,satisfactory to the county clerk or district secretary, that a newrepresentative has been appointed by the owners, signed by a majority of thepersons named as owners on the previously filed written authorization or asshown on a copy of a recorded deed attached to the written authorization.
18-12-123. Resolution for issuance of bonds.
Theboard, by resolution, shall determine whether coupon bonds or registered bondsof the district shall be issued and sold to raise money for any of the purposesfor which the district was formed, if the bonds are authorized, and shallsimilarly fix and determine the denomination of each bond, which shall be notless than one thousand dollars ($1,000.00), and the rate of interest whichshall be paid thereon, payable annually or semiannually as the board shall byresolution determine, and the resolution shall also fix the number of yearsthat the whole or a part of the bonds shall run and the maturity thereof,neither of which shall exceed twenty-five (25) years from the date of the bondor the date of any series of the bonds.
18-12-124. Bonds secured by pledge of district.
Thepayment of the principal and interest on the bonds constitutes a liability ofthe district. The full faith and credit, and all taxable property lying withinthe district is pledged for the payment of the bonds in accordance with theterms thereof.
18-12-125. Exemption from taxation in this state.
Theinterest payable upon the bonds is exempt from any taxes levied or assessed bythe state of Wyoming or any agency thereof.
18-12-126. Offer of bonds by the board; bond brochures.
(a) If the majority of the votes cast by the voters at theelection on the proposition of issuing bonds of the district favors issuing thebonds, and if the issuance of the bonds is authorized by the board, the bondsmay be sold at either public or private sale.
(b) After the voters of the district have approved issuance ofthe bonds, the board may prepare bond brochures to assist in the sale of thebonds. The board shall pay the expenses of preparing the bond brochures fromthe funds of the district or from the proceeds of the bond issue.
18-12-127. Deposit of proceeds of bonds.
Bondsissued by the board shall be sold at the time and in the amounts prescribed bythe board but for not less than par. The proceeds of the sale of the bonds,exclusive of any premiums received, shall be deposited to the credit of thedistrict in the county treasury. The proceeds deposited shall be drawn out asother district monies are drawn. The bond proceeds withdrawn shall not beapplied to any purposes other than those for which the bonds were issued. Anypremiums or accrued interest received from the sale of the bonds shall bedeposited in the interest and sinking fund of the district. The expensesincurred for the preparation, sale and delivery of the bonds, including legalfees of independent bond counsel retained by the district are legal chargesagainst the fund of the district and may be paid from the proceeds of the saleof the bonds.
18-12-128. Printing of bonds.
Afterascertaining the best terms upon, and the lowest interest at which the bondscan be sold, the board shall cause the bonds to be printed, with coupons if anyattached, and shall have the bonds consecutively numbered and properlyexecuted.
18-12-129. Signature on bonds.
Bondsshall be signed by the chairman and the treasurer of the board and countersignedby the secretary of the board. Coupons, if any, shall be signed by thetreasurer of the board. At least one (1) of the signatures or countersignatures on the bond shall be manually affixed. Other signatures or countersignatures may be printed or mechanically reproduced. It is not necessary forany bond to bear the seal of the district.
18-12-130. How bonds mature.
Allbonds shall mature serially in substantially equal annual installments ofprincipal, or upon an amortization plan for the bonds of the series, or upon anamortization plan for the proposed bonds and all outstanding bonds of thedistrict, or in any other manner as the board may determine.
18-12-131. Bonds subject to call and redemption.
Allor any part of the bonds issued by the board may be issued subject to call andredemption before maturity at the option of the board. Such bonds and theresolution authorizing issuance thereof shall contain a provision to thateffect and the resolution shall contain the price at which the bond shall beredeemed.
18-12-132. Register of bonds.
Thecounty treasurer of each county shall keep a bond registration book which showsat all times by proper designation bonds that are authorized and the name inwhich the owner of each bond is registered.
18-12-133. Requirement of indemnity bond.
Theboard shall require the county treasurer in whose custody the proceeds of thesale of bonds are placed to be bonded under a suitable bond indemnifying thedistrict against loss.
18-12-134. Duty to levy tax for interest and redemption of outstandingbonds.
Thecommissioners shall annually levy a tax for that year upon the property of thedistrict for the interest and principal falling due on all outstanding bonds ofthe district. The levy shall be made at the same time as the levy of taxes forcounty purposes. The tax shall be sufficient to pay the interest on the bondsas it becomes due and to provide a sinking fund for the payment of theprincipal on or before maturity and may include an allowance for an annualreserve established to adjust for fluctuating tax levies.
18-12-135. Disposition of proceeds of taxes collected.
Alltaxes levied and collected pursuant to the foregoing provision shall be paidinto the county treasury to the credit of the interest and sinking fund of thedistrict and shall be used for the payment of the principal and interest of thebonds and for no other purpose.
18-12-136. Manner of payment of interest and principal of bonds.
Theprincipal and interest on the bonds shall be paid in due course by the countytreasurer of the county at the time and place required by the bonds.
18-12-137. Bonds eligible as investments.
Thebonds issued under this act are eligible as legal investments for both publicand private funds.
18-12-138. Repealed by Laws 1998, ch. 115, 5.
18-12-139. Rules and regulations; enforcement.
Theboard may adopt reasonable rules and regulations not inconsistent with law forthe government and control of the district organization and to facilitate thecollection of assessments or charges. All rules and regulations adoptedpursuant to this section shall be promulgated in accordance with the WyomingAdministrative Procedure Act and filed with the county clerk for each county inwhich the district is located.
18-12-140. Power to create local improvement districts vested in board.
Inaddition to all other powers provided in this chapter, the power to createlocal improvement districts in any district organized pursuant to this chapter,to assess the cost of the construction of public improvements of a local andmunicipal character or any part thereof against benefited property therein andto issue special assessment bonds, is vested in the board, and in exercisingthe powers granted in this section, the board need not follow the procedureslisted elsewhere in this chapter but the local improvement districts shall becreated, local improvements acquired, special assessments levied and collected,and special assessment bonds issued as provided in W.S. 15-6-101 through15-6-448, except the board may act by resolution whenever W.S. 15-6-101 through15-6-448 specify action by ordinance.