Chapter 16 - Resort Districts
CHAPTER 16 - RESORT DISTRICTS
18-16-101. Short title.
Thisact shall be cited as the "Resort District Act."
18-16-102. Definitions.
(a) As used in this act:
(i) "Assessed value" means the total assessed valueof real property within the district, but excludes assessed values attributableto minerals. Assessed value shall be determined from the last assessment rollof the county within which the district is located;
(ii) "Board" means the board of directors of a resortdistrict;
(iii) "Bonds" means bonds, warrants, notes or otherevidences of indebtedness of a resort district;
(iv) "Commissioners" means the board of countycommissioners;
(v) "District" means a resort district as organizedunder the terms of this act;
(vi) "Elector" or "voter" means a person whois a qualified elector or a landowner in the district;
(vii) "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, any additional facilities or improvements as relate or contribute tothe full public use and enjoyment thereof;
(viii) "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 within the district or proposeddistrict or a person or the persons who are obligated to pay general propertytaxes under a contract to purchase real property and timeshare owners. As usedin this paragraph, "person" includes an individual, corporation,partnership, limited partnership, limited liability company, association or anyother entity holding a majority interest in the record fee title to one (1) ormore parcels of real property within the district or proposed district providedthe individual who signs a petition or casts a vote for a corporation,partnership, limited partnership, limited liability company, association orother entity presents the election official with a written authorization tosign for the corporation, partnership, limited partnership, limited liabilitycompany, association or other entity or is the individual named in the writtenauthorization previously filed with the election official, as applicable;
(ix) "Qualified elector" means a natural person who:
(A) Is a citizen of the United States;
(B) Is a bona fide resident of the district or proposeddistrict;
(C) Will be at least eighteen (18) years of age on the day ofthe election at which he may offer to vote;
(D) Is not currently adjudicated mentally incompetent;
(E) Has not been convicted of a felony or if convicted has hadhis civil rights restored; and
(F) Is registered to vote.
(x) "Resident" or "residence" means asdefined in the Wyoming election code;
(xi) "Resort area" means an area that:
(A) Is an unincorporated area and is a defined contiguousgeographic boundary within one (1) county;
(B) Has a permanent population of less than five hundred (500)people;
(C) Derives the major portion of its economic well being frombusinesses catering to the recreational and personal needs of persons travelingto or through the area; and
(D) Does not include real property used for manufacturing,milling, converting, producing, processing or fabricating materials, generatingelectricity or the extraction or processing of minerals.
(xii) "Service" means the operation and maintenance ofimprovements and any other service authorized by this act;
(xiii) "Timeshare owner" means a person owning afractionalized interest in an individual condominium unit as defined in W.S.34-20-104(a)(iii) in a multi-unit property;
(xiv) "Written authorization" means an affidavit filedby the landowner with the election official conducting the election settingforth a general legal description of the property owned, the street or commonname address for the property, the name or names of all owners of the propertydescribed, and a statement that the person signing the written authorization isthe only person having authority to act on behalf of the owner or owners of theproperty;
(xv) "This act" means W.S. 18-16-101 through18-16-119.
18-16-103. Districts authorized; general function.
(a) Any resort area in this state may be formed into a resortdistrict to perform any of the following functions:
(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 the resort area.
(b) A district is a separate entity and a political subdivisionof the state. A district shall be subject to and covered by the WyomingGovernmental Claims Act.
(c) A district shall not include any parcel of agriculturalproperty. For purposes of this section, "agricultural property"means any parcel of real property greater than ten (10) acres, which wasassessed as agricultural land under W.S. 39-13-103(b)(x) in the two (2)calendar years before filing of the petition for formation of a resortdistrict, and which at the time of filing of the petition, is being used andemployed for the primary purpose of obtaining a monetary profit as agriculturalor horticultural use or any combination thereof.
18-16-104. Jurisdiction.
Unless in conflict with a provision of this act, theSpecial District Elections Act of 1994 shall govern resort districts.
18-16-105. Petition for formation; number of signatures required;filing fee.
Apetition to form a district shall be in accordance with the provisions of W.S.22-29-105. W.S. 22-29-109(e) shall not apply to proceedings for the formationof a resort district. The petition shall be accompanied by a filing fee of twohundred dollars ($200.00).
18-16-106. Formation election; procedures.
(a) In a formation election:
(i) Each landowner within the proposed district who is not atimeshare owner, shall have one (1) vote irrespective of the number of parcelsof real property owned by that landowner, which shall be cast by the individualnamed in the written authorization, if applicable;
(ii) Each qualified elector shall have one (1) vote; and
(iii) Timeshare owners shall have one (1) collective vote for thecondominium unit. The one (1) collective vote shall be determined inaccordance with the association's bylaws or other governing document oragreement. The vote shall be cast by the person named in a writtenauthorization filed with the election official conducting the election.
(b) The formation of the district is approved if a majority ofthe total votes cast on the proposition vote for formation.
(c) The formation election shall be conducted pursuant toprocedures set forth in W.S. 18-16-119.
18-16-107. 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) Purchase insurance;
(iv) 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;
(v) Accept from any public or private source grants, loans,contributions and any other benefits available for use in the furtherance ofits purposes;
(vi) Borrow money and incur indebtedness and other obligationsand evidence the same by certificates, notes or debentures, and issue bonds;
(vii) Require any person or entity desiring to conduct businesswithin the district to obtain a business license from the board before conductingbusiness within the district;
(viii) Charge interest and levy fines and penalties on unpaidassessments;
(ix) Create and enforce liens for unpaid assessments;
(x) Adopt bylaws not inconsistent with law;
(xi) 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;
(xii) Acquire and own or lease real or personal property,including easements and rights-of-way, within or without the district fordistrict purposes;
(xiii) Supply the inhabitants of the district with water fordomestic and any other lawful use;
(xiv) Provide for the collection, treatment or disposal ofsewage, waste and storm water of the district and its inhabitants;
(xv) Provide for the collection and disposal of garbage orrefuse matter;
(xvi) 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;
(xvii) Provide for public recreation by means of parks, includingbut not limited to playgrounds, golf courses, swimming pools or recreationbuildings;
(xviii) Provide for street lighting;
(xix) Provide for the opening, widening, extending, straighteningand surfacing in whole or in part of any street and snow removal or clearancefor the same or other roads or streets;
(xx) Provide for the construction and improvement of bridges,culverts, curbs, gutters, drains and works incidental to any streetimprovement;
(xxi) Provide for the development and marketing of the district;
(xxii) Impose an optional sales and use tax pursuant to W.S.39-15-203 and 39-16-203;
(xxiii) 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;
(xxiv) Do any and all other things necessary to carry out thepurposes of this act.
(b) Annually, thirty (30) days prior to the commencement of thedistrict's fiscal year, the board of directors shall submit to the board ofcounty commissioners for its review the district's annual proposed budget forthe upcoming fiscal year and the district's plan for expenditure priorities.
18-16-108. District board of directors.
The district shall be managed and controlled by a board ofdirectors consisting of three (3) members. The initial board shall consist ofthree (3) members elected at the organizational election as provided in W.S.18-16-106. One (1) shall serve for three (3) years, one (1) for four (4) yearsand one (1) for five (5) years after formation of the district and until theirsuccessors are elected and qualified at the regular scheduled subsequentdirector election as provided in W.S. 22-29-112(a). The subsequent directorsshall be elected pursuant to W.S. 18-16-119. Each year, commencing with thethird anniversary of the first director election an election shall be held toelect a director to fill the vacancy resulting from expiration of the term ofthe director whose term expires at that time. A vacancy occurring on the boardduring the term of an original director or his successor shall be filled asprovided in the Special District Elections Act of 1994. The initial board ofdirectors shall determine the qualifications of directors and adopt bylawslisting such qualifications. Directors need not be residents of the districtor landowners.
18-16-109. Compensation; officers; rules and regulations.
(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.
18-16-110. Cost assessed in accordance with benefits.
When an improvement proposed by the board will benefitspecific property in the district to a greater extent than other property theimprovement may be financed with an assessment against the property speciallybenefited upon a frontage, zone or other equitable basis, in accordance withbenefits.
18-16-111. Resolution of intent to provide for special assessment.
(a) The board may declare by resolution its 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 on the premises may bemodified, confirmed or rescinded at any time prior to the passage of theresolution authorizing the improvements.
18-16-112. 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.
18-16-113. 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 of 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. 18-16-107(a)(xxiii).
(b) The county assessor shall prepare a local assessment rollshowing real property assessed, the total amount of assessment and operationand maintenance charges if approved under W.S. 18-16-107(a)(xxiii), the amountof each installment of principal and interest if the same is payable ininstallments, and the date when each installment will become due, and deliverthe same, duly certified, to the county treasurer for collection.
18-16-114. Annual tax levy authorized; certification and collection;treasurer designated.
Theboard of directors may annually levy, not to exceed three (3) mills on theassessed value of the taxable property within the district, and collect taxesfor district purposes upon property within the limits of the district. Thisboard shall file the resolution in the office of the county clerk who shallrecord the same in the county where the district lies. The board shall alsocertify the same to the county assessor of the counties in which the districtis located, who shall extend the same upon the county tax list. The same shallbe collected by the county treasurer in the same manner as state and countytaxes. The county treasurer of the county in which the greater portion of thearea of the district is located shall pay the same to the district ordering theassessment or levy and the collection. The payment of the collections shall bemade monthly to the district treasurer. The payment shall be paid into itsdepository to the credit of the district.
18-16-115. Bond elections; resolution for submission of proposition tovoters.
By resolution of its board, a district may submit to itsqualified voters by mail ballot or at an election on a date authorized underW.S. 22-21-103, as determined by the board of county commissioners, theproposition of issuing bonds pursuant to this act to provide funds for theacquisition, construction, improving or financing of improvements as well asperforming services for the benefit of the residents of the district, includingany or all expenses incidental thereto or connected therewith.
18-16-116. 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.
18-16-117. Election procedures.
The bond elections shall be called and conducted, and thebonds shall be issued, by the board of county commissioners as set forth inW.S. 18-12-122 through 18-12-137.
18-16-118. Rules and regulations; enforcement.
The board may adopt reasonable rules and regulations notinconsistent with law for the government and control of the districtorganization and to facilitate the collection of assessments or charges. Allrules and regulations adopted pursuant to this section shall be promulgated inaccordance with the Wyoming Administrative Procedure Act and filed with the countyclerk for each county in which the district is located.
18-16-119. District election procedures.
(a) Any petition or election that requires a general vote ofdistrict voters for approval or rejection under this act or under the SpecialDistrict Elections Act including without limitation, elections relating to theelection of directors, approval of the sales and use tax, approval ofassessments or other taxes, bond election, enlargement, consolidation, merger,dissolution or change in boundaries of the district, shall allow:
(i) Each landowner within the district who is not a timeshareowner, shall have one (1) vote irrespective of the number of parcels or realproperty owned by the landowner, which shall be cast by the individual named inthe written authorization, if applicable;
(ii) Each qualified elector shall have one (1) vote; and
(iii) Timeshare owners shall have one (1) collective vote for thecondominium unit. The one (1) collective vote shall be determined inaccordance with the association's bylaws or other governing document oragreement. The vote shall be cast by the person named in a writtenauthorization filed with the election official conducting the election.
(b) The matter being voted on shall be approved if a majorityof the total votes cast vote "for" the proposition.
(c) In all elections a written authorization for votingpurposes shall be filed with the election official conducting the districtelection not later than thirty (30) days prior to the election.
(d) 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.